BOARD OF ZONING APPEALS MEETING MINUTES

18 JANUARY 2000

7:00 P.M.

 

  1. CALL MEETING TO ORDER

The meeting was called to order at 7:00 p.m. by Chairman David Okum.

II. ROLL CALL

Members Present: Frederick Borden, Jane Huber, Bob Apke, Bob Weidlich,

Councilman Robert Wilson, Councilman James Squires

and Chairman David Okum.

Others Present: Richard Lohbeck, Inspection Supervisor

III. MINUTES OF REGULAR MEETING OF 21 DECEMBER 1999

Mrs. Huber said my name was omitted on the list of members present. Mr. Weidlich moved to adopt the corrected Minutes and Mr. Wilson seconded the motion. By voice vote all voted aye and the Minutes were adopted.

IV. CORRESPONDENCE

    1. Zoning Bulletin Ė December 10, 1999
    2. Zoning Bulletin Ė December 24, 1999
    3. Planning Commission Minutes Ė December 14, 1999
    4. Listing of Board of Appeals Members
    5. Updated Zoning District Map

V. REPORTS

    1. Report on Council Activities Ė Jim Squires Ė no report
    2. Report on Planning Commission Ė David Okum

Mr. Okum said we had a record short meeting. The one item discussed was the repainting the Gold Star Chili building, which was tabled from the December meeting. The building was to be painted a tan or off white color and ended up a light green. After some discussion, we agreed if it were repainted, it would look like a painted block building which would not be acceptable. We unanimously decided not to make him repaint the building and we also agreed that it would be hard to say that the color was not an earthtone.

There was information needed on the White Castle parking project, so they were tabled to the February meeting. Sofa Express is making adjustments and changes and was tabled to the February meeting also.

  1. STATEMENTS CONCERNING VARIANCES
    1. A variance once granted will be referred back to the Board of Zoning appeals if after the expiration of six months, no construction is done in accordance with the terms and conditions of the variance.
    2. If a variance appeal is denied, the applicant may resubmit the appeal six months after the denial.

    3. Chairmanís Statement

Ladies and gentlemen, this is a Public Hearing, and all testimony given in cases pending before this board is to be made part of the public record. As such, each citizen testifying before this board is directed to sign in, take his place at the podium, and state his name, address and the nature of the variance. Be advised that all testimony and discussion relative to said variance is recorded. It is from this recording that our minutes are taken.

BOARD OF ZONING APPEALS MEETING MINUTES

18 JANUARY 2000

PAGE TWO

  1. OLD BUSINESS

VIII. NEW BUSINESS

    1. Alterations of Springdale (former We Sew Alterations), 11627 Springfield Pike requests variance to allow 7 additional feet of signage. Said variance is requested from Section 153.092(D)(1)(b)"..Maximum gross area of signs = (W x 1.5) + 40 square feet"

Irene Spektor owner said we have been in Springdale for 10 years and were basically forced to move to the new location because of the legal problems between the former landlord Sam Burns ands the City of Springdale. We have changed our name to show the nature of our business, and because the new name is longer, we do not have enough sign space for the window graphics, and we are asking for seven additional feet for our business.

Mr. Squires said I would like to place into the record that Mrs. Spektor is not the owner of the property, but we do have a letter from Ted Vidis who is the owner of the property allowing her to place the signs on that property.

Mr. Weidlich said I found an error in the square footage calculation. Instead of 53.4 square feet, it totals 50.6 so that would mean an additional 4.2 square feet additional instead of seven.

Mr. Wilson said I have a point of clarification. Your feeling about having to move was not solely because of the court battle. If there wasnít a court battle and the City bought the property, you would have to move anyway. Ms. Spektor responded we have been looking for a location for the last two years. Two years ago when we were ready to sign, the day we were to sign I received a call from Mayor Webster that the deal was off. So it has been an issue for us to move to a new location, and we have put a lot of money and effort to do this.

Mr. Wilson commented your new location has a lot of amenities that your former place did not have. You have more off street parking than you did have. You also have better exposure than you had. You have a pole sign plus a sign on the fascia.

You made a point about changing the sign to indicate the nature of your business. The wording, "Alterations of Springdale" immediately implies everything that you have on your extra signage. If I see alterations, I automatically assume that it is hems, patches on pants, shirt repair, anything I want to have altered in the clothing.

Mrs. Spektor responded I would agree with you, but unfortunately we have many people who call and ask if we hem pants. Mr. Wilson said you have a very strong customer base. I am not questioning the extra footage but the necessity of having it.

Mrs. Spektor said we do have a lot of regular customers, but this is a business and we want to attract new customers. I can tell you that we applied for a loan of $60,000 so we could move this business and remodel, so we do need new customers.

Mr. Wilson said when I drive by and see your sign, I will stop because it is easy to park. Mrs. Spektor said there are eight parking spaces including employees, and we do have six employees. Mr. Wilson wondered if the employees couldnít park behind the building or along side of it, and Mrs. Spektor answered there is no parking, but I donít think parking is an issue tonight. We just need the extra four feet of signage to attract customers.

 

 

BOARD OF ZONING APPEALS MEETING MINUTES

18 JANUARY 2000

PAGE THREE

VIII A ALTERATIONS OF SPRINGDALE 11627 SPRINGFIELD PIKE Ė ADDITIONAL SIGNAGE

Mr. Wilson said itís not so much the extra square feet; I am wondering if the extra signage is really necessary. I am trying to get something from you to convince me that it is justified. Mrs. Spektor added we have customers who come in and ask what kinds of jobs we do.

Mr. Borden said I agree that alterations implies leather gowns repaired and things like that. My question is how much business do you attract on an annual basis. Mrs. Spektor answered it is hard for me to tell you. Since we bought the business 10 years ago, we have doubled our sales.

Mr. Okum asked if they would be sharing the pylon sign with the laundromat and Mrs. Spektor answered that they are not utilizing the pole sign at all; it is part of our operation.

Mr. Okum asked if anyone present wished to address the board. No one did.

Mr. Squires moved to grant the variance for 4.26 additional square feet and Mrs. Huber seconded the motion. Voting aye were Mr. Borden, Mrs. Huber, Mr. Apke, Mr. Weidlich, Mr. Wilson, Mr. Squires and Mr. Okum. Variance was granted with seen affirmative votes.

B. Stan Kennedy, 807 Ledro Street requests variance to allow him to park his truck in his driveway. Said variance is requested from Section 153.044(B) "..it must be placed on an improved surface..and leave two additional spaces on the existing driveway..not less than 9 feet by 20 feet."

Mr. Kennedy said I have a fork truck, which I need for my job. If I park it on the street, my dog wonít let me know if someone is messing with it, and someone tried to break into it twice. The truck has its own parking spot on a poured driveway next to the original driveway, and there are two additional parking spaces left. .

Mr. Squires asked the tonnage of the truck and Mr. Kennedy answered I believe it is one ton. Mrs. Huber asked how many vehicles he owned besides the truck and Mr. Kennedy answered that he had a Harley Davidson. There is a car parked in the driveway that was my Momís who died in October. I donít want it, but nothing has gone through probate, and I canít sell it right now.

Mr. Wilson wondered if the vehicle could be parked at his place of employment, and Mr. Kennedy indicated that it could not; I donít go there. I go directly from my home to the job.

Mr. Borden commented his truck does not appear obtrusive where it is parked, and he does have additional parking spaces. He could park on the street, but not on his side and it is a pretty narrow street. Mr. Kennedy added when I do park on the street, it is just about impossible for two cars to pass each other. My truck is quite wide.

Mr. Wilson asked the value of the tools in the truck, and Mr. Kennedy stated that they were worth more than $20,000.

Mrs. Huber commented I did not find the truck obtrusive either. However, we must remember that once a variance is granted, it goes with the property and not necessarily with Mr. Kennedy.

Mr. Squires said the variance does go with the land and personally, I thought the truck was better off in the driveway than on the street.

BOARD OF ZONING APPEALS MEETING MINUTES

18 JANUARY 2000

PAGE FOUR

VIII B STAN KENNEDY, 807 LEDRO ST. Ė VARIANCE TO PARK TRUCK IN DRIVEWAY

Mr. Squires said the variance does go with the land and personally, I thought the truck was better off in the driveway than on the street. I certainly would vote for that, but I wonder if the applicant would consider a temporary variance. If he sells the property and moves, maybe this board would not want that variance to be there. You have a hardship; that truck is your business, and we do not want to penalize you. We could issue a temporary variance and you would have to come back and renew it. Mr. Kennedy indicated that was fine with him.

Mr. Okum asked if anyone present wished to speak about this.

John Heisel, 799 Ledro said I have the property directly beside his house and the direction in which the truck would be parked. I am much in favor of his being allowed to park it in the driveway for several reasons, not the least of which is parking in our area of the neighborhood is a problem. That street was designed for households with one automobile, and we have several families that own three automobiles and parking space on the street is of prime importance. Quite often on a weekend, we may walk nearly a block to get to our house because there is no place to park. His truck is not an eyesore, and I think he should park it there.

Mary Owens, 808 Ledro Street said I am directly across the street and my husband and I are very much in favor of his being allowed to park his truck in the driveway. When it is on the street, it is very hard to back out of the driveway and see either way if anything is coming.

Mr. Lohbeck reported if you move to grant a variance, I would stipulate the size of the vehicle. Since it is over ĺ ton, we need the actual dimensions of the truck. The new zoning code is coming out indicating that anything over ĺ ton would not be permitted.

Mr. Heisel suggested limiting it to the number of axles. These new vans are quite large and would be as big or bigger than the truck. Mr. Okum responded I believe the new zoning code has size and a weight limit.

Mr. Squires commented I would agree with many of the comments of the citizens in terms of safety and aesthetics, and I have no problem with granting a temporary variance.

Mr. Wilson said I can understand wanting to have this variance, and there is a hardship for you. I also have a concern about safety, and your neighbors mentioned that so I have no problem with voting for a temporary variance as long as you understand that the size of the truck is limited.

Mr. Squires commented the variance does not have to be annual; it could be two or three years. He asked the applicant how long he planned on staying in his home, and Mr. Kennedy answered I can guarantee that I will not be living there three years; I will move either this spring or next year.

Mr. Okum said I do not see a problem with a two-year variance.

Mr. Squires moved to grant a variance for two years, or until January 2002 for the parking of a utility truck of up to 1 ton. Mr. Borden seconded the motion.

Voting aye were Mr. Squires, Mr. Apke, Mr. Weidlich, Mr. Wilson, Mr. Borden, Mr. Okum and Mrs. Huber. Variance was granted with seven affirmative votes.

 

 

BOARD OF ZONING APPEALS MEETING MINUTES

18 JANUARY 2000

PAGE FIVE

C. Betty C. Hardesty, 1129 Terrytown Court requests variance to allow her above-ground pool to be 13 Ĺ feet from the property line. Said variance is requested from Section 153.047(B)(1)(a) "..shall not be located within 15 feet from any lot line.

Ms. Betty Hardesty said we didnít know that we had to get a permit; we paid that fine and now the problem is that the pool is 13 Ĺ feet from the property line and we would like to have a variance so we will not have to move it. To redo it, we would have to buy a new liner, move the bricks, and get more sand. Now when I stand at my patio door, I can see the children playing on the swing set. If we have to move that pool over, I wonít be able to watch them, so we would rather not move the pool.

Mr. Wilson asked when she installed the pool, and her son, Albert Brooks indicated that it was the last week in June and first week in July. Mr. Wilson wondered what it would cost to move the pool and Mr. Brooks added it would be about $500.

Mr. Borden said the pool appeared to be in a good spot as it is now. I am a pool owner myself and I know the maintenance that would be involved in tearing the pool down and moving it. I would be in favor of the variance.

Mr. Apke said you almost have a cliff on one side of your house. Has that hillside been eroding away? Ms. Hardesty answered when we first moved into that house in 1962, there was a rock wall and the rocks kept falling down. So my husband and our neighbor had it hauled out and put the sod down, and we havenít had any problem with it.

Mr. Okum asked if anyone present wished to address this matter. No one came forward.

Mr. Squires moved to grant the variance and Mr. Apke seconded the motion. Voting aye were Mr. Squires, Mr. Apke, Mr. Borden, Mrs. Huber, Mr. Weidlich, Mr. Wilson and Chairman Okum. Variance was granted with seven affirmative votes.

  1. DISCUSSION
  2. Mr. Squires said for those of you planning on attending the zoning workshop, I think you will find it worthwhile. They are well organized and very professional. Mr. Weidlich wondered if these were ever offered on Saturday since it is a workday for most of us. Mr. Okum answered the City did one four years ago on a Saturday. If you wish us to do that, we could probably recruit some people in here for a session.

  3. ADJOURNMENT

Mr. Wilson moved to adjourn. All voted aye, and the Board of Zoning Appeals adjourned at 8:08 p.m.

Respectfully submitted,

 

 

___________________,2000 __________________________

David Okum, Chairman

 

 

___________________,2000 ____________________________

Jane Huber, Secretary