WASHINGTON TOWNSHIP ZONING COMMISSIONMINUTES

March 18, 2008

The Washington Township Zoning Commission met in regular session on March 18, 2008 in the Meeting Room of Washington Township Government Center. Members of the Commission present were Mr. Drain, Mrs. Winwood, Mrs. Zobrist, Mr. Anderson and Mr. Berry.

Call to order at 7:00 p.m.

The Pledge of Allegiance was recited.

Mr. Drain – Gave an overview of tonight’s meeting, which is to review and discuss potential Zoning Resolution Amendments. Also, the Washington Trace day care case has been tabled. Mr. Drain mentioned that Mr. Berry, our newest Commission member, will not be able to participate in that case.

Mr. Drain – Introduced Mr. Berry as a new member and feels that Mr. Berry will bring a good perspective to the group and anticipates that he will be a very active and long time member.

Mr. Berry – Stated that he has been a resident to the area since 1976. He is also an active realtor.

Mr. Drain – Noted support staff as being Jo Postle, Development Services Director, and Andy Ehrhart, Zoning & GIS Manager. Mr. Drain gave a brief review of the group process, schedule, etc. and stated that the Zoning Commission acts in an advisory capacity only. Recommendations are forwarded to the Board of Trustees for action.

MOTION – Mr. Anderson moved the minutes of December 18, 2007 be approved as submitted.

Motion seconded by Mrs. Zobrist.

VOTE - Mr. Drain, yes; Mrs. Winwood, yes; Mrs. Zobrist, yes; Mr. Anderson, yes; Mr. Berry, abstain.

Mrs. Postle reviewed the draft of the Home Occupation and Bed & Breakfast sections of the Zoning Resolution.

Mr. Anderson – Asked how these sections would apply to the existing Zoning Resolution. Will people with existing home occupation-type businesses be grandfathered in? Mrs. Postle indicated that existing home occupations that have been issued a zoning permit would be grandfathered and subject to the restrictions of a legal nonconformity. Mr. Drain feels that this information needs to be published in the Washington Township Quarterly to make residents aware of the change, if and when it is adopted. Mrs. Postle commented that information about the most recent zoning resolution changes is scheduled to appear in the upcoming edition of the Quarterly. This would be repeated with any future amendments.

Mrs. Winwood – Asked about the restriction on size of vehicles and reference to vehicles requiring a commercial driver’s license (CDL). Requested information for the next review meeting on what types of vehicles require a CDL license.

Mr. Berry – Questioned the scenario of a piano teacher instructing several students in her home and if that would be considered in violation?

Mrs. Postle – Yes, based on the proposed restrictions regarding client visits. The Commission has the option of relaxing the standards to allow this type of business under the zoning provisions or leave it as is and let applicants who are denied a zoning permit for a home occupation based on their inability to meet those restrictions request a variance from the Board of Zoning Appeals.

If there are a significant number of these requests going to the BZA then the Zoning Commission should consider reviewing the regulations. The Commission requested that staff provide a BZA case analysis to get an indication of the types of variances that are requested and granted repeatedly. If there are variances being granted due to restrictions in the zoning resolution then the Commission should consider amendments.

Mr. Drain – Indicated that the variances requested may have different limits. He requested that staff develop options to address the client visit restrictions being proposed as part of the home occupation amendments.

Mr. Anderson – In reference to the Bed & Breakfast draft amendments, accessory structures such as existing carriage houses should be allowed as a Bed & Breakfast but not to new construction. He suggested adding conditions for existing structures.

Mrs. Winwood – Stated that new construction could be done just as well as existing structures. Feels this is an area to be worked on.

Mr. Drain – Agreed and asked staff to review that provision and provide suggestions.

There was discussion regarding the Bed & Breakfast regulations in Asheville, North Carolina, which are probably very thorough and address any concerns we might have. Staff will also research similar provisions in Charleston & Savannah codes.

The Commission felt other restrictions such as outside employees and limits on the number of guest rooms being too limiting. Staff will also attempt to provide options for future discussion.

Mrs. Postle noted that amendments to the existing sign restrictions will be significant and basically result in a total re-write. Recent legal decisions requiring “content neutral” regulations will be incorporated into the draft amendment which staff is currently developing. Mr. Drain wants to retain the current restrictions that control visual impact.

Mrs. Postle gave an update on the current status of approved zoning cases as well as several possible upcoming cases.

In other business:

Mrs. Postle discussed organizing a board training session for Zoning Commission and Board of Zoning Appeals members. The Commission was in agreement. Mr. Drain and Mr. Berry indicated they would be available the last week in April. Mrs. Zobrist indicated she would be available through the first week of May. Mrs. Winwood noted her availability as being May 1 through May 5. It was decided that either the week of May 12 th or the week of May 19 th would be good, with the week of May 19 th being the better choice. Staff will poll other attendees and proceed with organizing the session.

The Commission discussed the attendance for the April 15 th Zoning Commission meeting which may include the day care case. All members stated they will attend.

Meeting adjourned. A tape recording of this proceeding is on file in the Zoning Office.

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Harry Drain, Chairman

Washington Township Zoning Commission