Board of Zoning Appeals Meeting Minutes

19 January 1999

7:00 p.m.




The meeting was called to order at 7:00 p.m. by Chairman James Squires.


Members Present: Councilwoman Kathy McNear, Councilman Robert

Wilson, David Okum, Barbara Ewing, David Whitaker and Chairman Squires.

Members Absent: Thomas Schecker

Others Present: Richard Lohbeck, Inspection Supervisor


Mr. Wilson moved for adoption and Mrs. Ewing seconded the motion. By voice vote, all present voted aye, except Mr. Okum who abstained, and the Minutes were adopted with five affirmative votes.


    1. Planning Commission Meeting Minutes – December 8, 1998
    2. Zoning Bulletin – December 10, 1998
    3. Zoning Bulletin – December 24, 1998
    4. Zoning Bulletin Index – January – December 1998
    5. Zoning Bulletin – January 10, 1999
    6. Memo from Bill McErlane – Proposed Changes to Zoning Code
    1. Report on Council Activities – Kathy McNear

Mrs. McNear said please note the proposed changes to the Springdale Zoning Code that was in your packet. They will be discussing those at Council tomorrow evening if anyone has any interest in attending.

Report on Planning Commission – David Okum

Planning had two items on the agenda, one being Golf Galaxy going in next to MARS Music. Golf Galaxy is a 27,000 square foot golf facility. They have a PGA professional on staff, indoor driving ranges and putting greens. The covenants have been modified to reflect the specific use for that facility.

Additionally there has been a limit put on the parking allocation. Originally the development had 1,014 parking spaces. This brings the development’s actual use up to about 794. That means any future developments brought before the Planning Commission would infringe on parking limits and would have to justify any additional parking requirements for the site. There is quite a bit of warehouse space left in the facility, and if something else comes before Planning, we would want parking limited to where it is.

Pictoria Island has been taken over by Tipton Interests and Steve King. They have incorporated all three parcels, a PUD with 100,000 square feet of office space, the fifth largest in the area. It also will have four restaurants, very nicely done lakes, water features and will be heavily landscaped, with park features.


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19 January 1999

Page Two


Mr. Okum reported it will cause a considerable amount of impact on Route 4 and Crescentville Road. The existing signalization is currently running at Level C and D. With that full 10 year buildout and without any changes at those intersections, we would be at a Level F of service. Planning is going forward to look for alternate accesses. I wondered about tying it into Progress Place, which would give it a 747 access as well. This is on Council agenda tomorrow for a presentation. We encouraged them to do a first presentation because of the size of the project.

Mr. Wilson asked how much space will still be vacant after the Golf Galaxy is complete and Mr. Okum answered there must be 90,000 square feet left in the development.

Addressing Mr. Okum, Mr. Squires said you were not here in December to report on the First Watch Restaurant. Mr. Okum reported that First Watch will be where Sprint is and Sprint will be where the opening is and the dumpster sets. They also have agreed to close off one of the drive entrances and incorporated a continuous left turn in across the development. They have agreed to ODOT signage for all intersections so people will be able to identify that oncoming traffic does not stop.

    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. Chairman’s Statement

Ladies and gentlemen, this is a Public Hearing, and all testimony given in cases pending before this board are 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.



    1. Vivian Harris requests construction of 10’ x 16’ wooden shed in rear yard at 525 Smiley Avenue. Said variance is requested from Section 153.036 "A separate accessory building..other than a garage, shall not exceed 120 s.f. in area."

Mr. Vivian Harris said we own the property at 525 Smiley Avenue. We do not live there right now, but we are planning to move there within the next six weeks. We want to build a shed in the back yard. The size allowed is 120 s.f. and we want to build 160 square foot shed. We have rental properties, and we wanted to store carpet remnants, lawn equipment and bicycles in there so we can put our two cars in the garage,. The shed would be five feet from the rear and side yard lines. We have talked to the neighbors on both sides, across the street and behind the property and have all their signatures. When we talked to them, they said they had no problems with our building the shed. In fact the person next door (521 Smiley) has a shed very nearly the same size in about the same position that we are proposing.


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19 January 1999

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Mr. Wilson said when you have to take the carpet out of the shed and take it to a rental property, do you back your truck up to the shed and take it out? How do you transport it? Mr. Harris responded I have a pickup truck and I can walk with somebody else with the carpet to the pickup. Nothing will be backed up on the grass.

Mr. Wilson wondered how often carpet is moved, and Mr. Harris answered once every three months or six months. We have about 19 houses and people move out every three years or so.

Mr. Wilson commented if you are only going to make this move three or four times a year, would it be advantageous to have a large amount of carpet on hand? Mr. Harris responded we buy it from the wholesaler. Mr. Wilson said so it is to your advantage to buy in bulk even though it may take years to use it all. Mr. Harris confirmed this.

Mr. Okum asked what other types of materials would be stored in the shed, and Mr. Harris answered ladders, bicycles and lawn mowers. The garage we have is a standard two car, and there is not enough depth in it to store materials. There is a doorway in the middle of the back, so you can’t put anything across the back.

Mr. Okum asked the size of the neighbor’s shed. Mr. Vivian answered it is certainly 16 feet long; he said it was eight foot wide. I looked at the picture from the building department, and it looks very similar in size to mine. I made mine 10 x 16 to scale from this. I could measure it.

Addressing Mr. Lohbeck, Mr. Okum asked if there were an existing variances on the property adjacent to this. Mr. Harris commented it looks like it’s been there a long while. Mrs. Webb left the meeting to check the variance list, and there was no variance for a shed at 521 Smiley Avenue.

Mr. Okum asked the material of the shed, and Mr. Harris answered it is wood, made by Heartland. Mr. Okum wondered if he could do with a shed the same size as his neighbor’s. Mr. Harris answered I’m not exactly sure the size of his; it is certainly 16 foot long; whether it is eight or 10 feet wide, I can’t tell.

Mr. Squires asked if anyone present wished to speak. No one came forward.

Mr. Wilson wondered if there were any way he could downsize that to 16 x 9 or 16 x 8 ˝? When you go to someone who makes these sheds, Mr. Harris answered, there are standard sizes. Sixteen by eight is getting a little narrow; we need the width.

Mr. Okum said my feeling was that this shed should not exceed the square footage of the shed next to it. Mr. Harris commented I don’t know how big it is. Mr. Okum continued if you are saying the width is what you need, then you go to a 10 x 14. If length is what you need, you can go 8 x 16. That way we give you the latitude to choose, just so the square footage stays consistent with the neighbor’s next door. If the motion were that your shed size shall not exceed the size of your neighbor’s, you have the option to do it whatever his width is. Mr. Harris commented so I have to find out how big his shed is.

Mr. Wilson wondered if he could find out the width? What Mr. Okum is trying to do is give you an out, an option. We are hoping the other one is 10 x 16 or less. We don’t want to force you into a shed that is smaller than his. The other option would be to give you a specific square footage.

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19 January 1999

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Mr. Harris responded why don’t we say that it can either be the size of his in width or 140 square feet, whichever is bigger? Mr. Wilson responded I would have no problem with that. If we are looking at 10 x 16, then we are looking at 160 square feet. Mr. Harris suggested that it be no bigger than 160 square feet if his is 160, and no less than 140 square feet.

Mr. Okum said if the neighbor’s next door is 10 x 16, I can’t see holding this resident to not having equal to that. But if the neighbor’s shed is an 8 x 16, I don’t think this shed should be any larger than that because frankly I think 160 square feet is a small garage. Mr. Harris added there is a garage next door that is a lot bigger than the shed. Your land use on your site is a little more dense than theirs as well. In being fair, I think we should have at least the same limitation to not exceed the size of the shed next door. It could be 10 x 14; I would like to give you the latitude that you not exceed the neighbor’s which could be more liberal.

Mr. Harris commented I can go measure his shed. What you are really saying is I can go to 140 square feet unless this is bigger, and then I can go to 160 square feet maximum.

Mr. Okum moved that the request for variance for a shed to be located at 525 Smiley be approved with the following condition: (1) that the shed shall not exceed the square footage of the shed at the adjacent property at 521 Smiley Avenue.

Mr. Squires asked Mr. Harris if he were in agreement with it, and Mr. Harris confirmed it.

Mrs. McNear seconded the motion.

Mr. Wilson wondered if we will know the actual square footage of the adjacent shed, and Mr. Okum responded I think the Building Department will have to verify it.

Voting aye were Mr. Okum, Mrs. McNear, Mr. Whitaker, Mr. Wilson, Mrs. Ewing and Mr. Squires. Variance was granted with six affirmative votes.

    1. Mr. Squires wondered who would be attending the Planning & Zoning Workshop, and Mrs. Webb reported that a total of nine members of Planning, BZA and the Building Department would be in attendance. Mr. Squires commented those are excellent meetings. I’m sure we will spread out and not all attend the same meetings.

Mr. Wilson moved to adjourn and Mrs. McNear seconded the motion,. BY voice vote, all present voted aye, and the Board of Zoning Appeals adjourned at 7:45 p.m.

Respectfully submitted,



______________________,1999 _________________________

James Squires, Chairman



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Barbara Ewing, Secretary