WASHINGTON TOWNSHIP BOARD OF ZONING APPEALS MINUTES
June 12, 2006
The Washington Township Board of Zoning Appeals met in regular session on June 12, 2006 in the Meeting Room of Washington Township Government Center. Members of the Board present were Mr. Horine, Mrs. Mulligan, and Mrs. Fischer. Mr. Khouri was excused.
Call to order at 7:00 p.m.
Mr. Horine explained the hearing format and voting procedure.
The Oath was administered by Mr. Horine.
MOTION – Mrs. Fischer moved the minutes of May 22, 2006 be approved as submitted.
Motion seconded by Mrs. Mulligan.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fischer, yes.
Case A-1463 - William M. Hilt, 1686 Penbrooke Trail
Request is for a variance to decrease the side yard set back from the required 20 feet (20’) to eleven feet (11’) to allow for an addition, located in a Single Family Residential (R-2) zoning district.
This case was tabled at the previous Board of Zoning Appeals Meeting.
Mr. Horine re-opened the meeting and acknowledged the board receiving the elevation drawings.
Applicant represented by William Hilt, 1686 Penbrooke Trail. Mr. Hilt explained the reasons for the addition. He also addressed the building materials for the addition which will match the existing structure.
Citizens voicing concerns, question and comments included:
Cindy Johnston, 1690 Penbrooke Trail – Spoke in favor of applicant’s proposed addition.
Public hearing closed.
Board remarks, concerns, and questions included:
Mrs. Fischer and Mrs. Mulligan – Both were satisfied with project.
Hearing closed.
Motion - Mrs. Fischer moved in Case A-1463 to approve applicant’s request for a variance to decrease the side yard set back from the required 20 feet (20’) to eleven feet (11’) to allow for an addition, located in a Single Family Residential (R-2) zoning district.
Motion seconded by Mrs. Mulligan.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fischer, yes.
Case A-1463 approved.
Case A-1465 - Geez Grill and Pub, 5841 Far Hills Avenue
Request is for a variance to decrease the rear yard set back from the required forty feet (40’) to twenty-five feet (25’) to allow for an addition to an existing non-conforming building located in a Business (B-2) zoning district.
Jack Kuntz , Zoning Inspector, presented the case.
Applicant represented by Dominic Giallombardo, 1806 Indian Head Road. Mr. Giallombardo is the owner of the establishment and explained the reasons for the need of a cooler.
Mrs. Fischer – Indicated that she does like the new building.
Mr. Giallombardo – Stated that the materials used for the outside of the cooler will match the rest of the exterior of the building.
Mrs. Mulligan – The outside is well liked.
Citizens voicing concerns, question and comments included:
Richard Kaplan, 683 Miamisburg- Centerville Road, Suite 202 – Indicated he is addressing the board on behalf of his mother and the neighbors. He stated that the condominium occupants are concerned with noise from the establishment and the screening. There are also issues with trespassing, cooking odors, and the employees smoking behind the establishment, as well as additional square footage. They feel the new cooler will add to the noise and that this is not an appropriate use of the land. Mr. Kaplan recalled the variance requested by Taco Bell. He stated that promises in that case were not kept. There is also a concern with the amount of garbage generated and the over flowing dumpsters.
Mrs. Fischer – Asked if zoning handles these types of complaints.
Mr. Kuntz – Indicated that the noise ordinance is enforced by the Montgomery County Sherriff’s Office. Lighting and the remainder of the complaints are handled through the zoning department.
Mr. Horine and Mr. Kaplan – Discussed the noise of the cooler.
Mr. Kaplan – Brought up the subject of the office and the noise that can possibly come from that addition of the office.
Mr. Horine – Asked what year the condominiums were built?
Mr. Kaplan – Stated some of the condos have been there since the 1970’s.
Mr. Horine and Mr. Kaplan – Discussed how long the area has been commercial.
Mrs. Fischer – Stated she is sympathetic to the neighbors concerns but feels that most of the issues are not zoning related.
Mr. Kaplan – Understands the Board’s contention; however, the use of the building is to be questioned.
Peter Jeter, 7 Nicholson Court – Agreed with Mr. Kaplan’s comments. Questioned if the walk-in cooler and the compressor will be inside. Feels it is a large addition to the existing building, not to mention a non-conforming building. Mr. Jeter also had concerns with the green space/buffer at the rear of the property.
Mr. Horine – Explained green space and the reasons why it is difficult to enforce.
Mrs. Fischer – Questioned if there is a homeowners’ association
Mrs. Mulligan – Stated that there is.
Mr. Horine – Could the residents plant conifers as a screening.
Rita Herman, 21 Nicholson Court – Responded to Mr. Horine’s question. She stated she is a neighbor and indicated that the property is a mess. She indicated that they can hear the employees cussing and see them smoking. She also indicated that the condo residents do own some of the trees.
Helen Clark, 11 Nicholson Court – Indicated that she resides right on the end behind the building. She discussed the noise issues of the property.
Mr. Horine – Asked the applicant how long it has been a restaurant?
Mr. Giallombardo – They have been in business at this location since 1994. He indicated that the business was previously a bar/nightclub.
Mrs. Herman – Stated that she has been there since the early 1970’s and she discussed what used to be there.
Mrs. Mulligan – Noted that the property value has actually increased. She has knowledge of a unit recently selling for a profit.
Mrs. Herman – Said that you cannot guarantee a profit.
Marjorie Brown, 44 Nicholson Court – Is in agreement with all that has been said; however, she is concerned with property investments.
Mr. Giallombardo – Stated he will take care of the noise and trash issues. He indicated that the entire area will be black topped by Tom Smith. The dumpsters will be enclosed with brick. He also noted that the coolers will have the compressors inside; therefore, there should be no additional noise. There will also be a barrier in place.
Mr. Horine – Questioned if the coolers will vent to the outside.
Mr. Giallombardo – There are no additional vents.
Public hearing closed.
Board remarks, concerns, and questions included:
Mrs. Fischer – Is sympathetic to the owners of the condominiums; however, she feels the new residents knew of the business prior to buying in that location. She was uncertain of the property values. Also, the noise issue is a concern to be dealt with the Montgomery County Sheriff’s Office. Feels that the building looks better. It has been a bar for years and is now becoming a restaurant. Mrs. Fischer assured that zoning enforcement will take place.
Mr. Kuntz – Indicated he would make sure that the business is in compliance with zoning regulations.
Mrs. Mulligan – Indicated that the property values have increased and sees no problem with the sale of any condominiums.
Hearing closed.
Motion - Mrs. Mulligan moved in Case A-1465 to approve applicant’s request for a variance to decrease the rear yard set back from the required forty feet (40’) to twenty-five feet (25’) to allow for an addition to an existing non-conforming building located in a Business (B-2) zoning district.
Motion seconded by Mrs. Fischer.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fischer, yes.
Case A-1465 approved.
Case A-1466 – Sandeep & Shaddha Singhvi, 7245 Far Hills Avenue
Request is for a variance in the side yard set back from the required eighty feet (80’) to approximately six point four feet (6.4’) to allow for a primary structure to be permitted to be located in a future Planned Development Business (PD-B2) zoning district. The property is presently located in a Special Use (SU) zoning district.
Jack Kuntz , Zoning Inspector, presented the case.
Applicant represented by Richard Beatty, 650 Miamisburg-Centerville Road. Mr. Beatty addressed the Board and discussed the details and specifics of the project and the materials to be used.
Mr. Horine – Asked what the total square footage will be when the project is completed?
Mr. Beatty – Total square footage will be 5,000 square feet. There is 2,000 existing square footage.
Mrs. Fischer – Asked about the engineering and fire department issues.
Mr. Kuntz – Indicated that those issues will be dealt with by the Zoning Commission.
Citizens voicing concerns, question and comments included: None.
Public hearing closed.
Board remarks, concerns, and questions included:
Mrs. Fischer – Feels this is a positive addition to the township.
Hearing closed.
Motion - Mrs. Mulligan moved in Case A-1466 to approve applicant’s request for a variance in the side yard set back from the required eighty feet (80’) to approximately six point four feet (6.4’) to allow for a primary structure to be permitted to be located in a future Planned Development Business (PD-B2) zoning district.
Motion seconded by Mrs. Fischer.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fischer, yes.
Case A-1466 approved.
Case A-1467 – John A Smalley, 6251 Wooden Shoe Lane
Request is for a variance to allow a six foot (6’) fence to be located in the front yard at a single family residence located in a Special Use (SU) zoning district.
Jack Kuntz , Zoning Inspector, presented the case.
Applicant represented by Laurie Smalley, 6251 Wooden Shoe Drive. Mrs. Smalley addressed the Board and gave detailed reasons for the requested variance.
Citizens voicing concerns, question and comments included: None.
Public hearing closed.
Board remarks, concerns, and questions included: None.
Hearing closed.
Motion - Mrs. Fischer moved in Case A-1467 to approve applicant’s request for a variance to allow a six foot (6’) fence to be located in the front yard at a single family residence located in a Special Use (SU) zoning district.
Motion seconded by Mrs. Mulligan.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fischer, yes.
Case A-1467 approved.
Meeting adjourned. A tape recording of this proceeding is on file in the Zoning office.
Dan Horine, Acting Chairman
Washington Township Board of Zoning Appeals