BOARD OF ZONING APPEALS MINUTES

19 FEBRUARY 2008

7:00 P.M.


I. CALL MEETING TO ORDER

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

II. ROLL CALL

Members Present:     Mr. Emerson, Mr. Diehl, Mr. Danbury, Mr. Weidlich,
Chairman Okum, Mrs. Huber, Mr. Reichert

Others Present:     Mr. Campion, Inspection Supervisor

III. PLEDGE OF ALLEGIANCE

IV. ELECTION OF OFFICERS

Mrs. Huber moved to nominate Dave Okum as Chairman.
Chairman Okum: Any other nominations?
(No further motions were made for Chairman of Board of Zoning Appeals.)
Chairman Okum: Can we have a motion that nominations be closed?
Mrs. Huber moved to close the nominations and with a unanimous vote the nominations for Chairman were closed.
Chairman Okum: By acclamation I will serve as Chairman for another year and I thank you very much.
Next is Vice-Chairman; nomination for Vice-Chairman?
Mrs. Huber: I would like to nominate Mr. Reichert.
Mr. Reichert: I would like to nominate Mr. Weidlich.
Mr. Chairman: We have two nominations, do we have any other nominations.
(No further motions were made for Vice-Chairman of Board of Zoning Appeals.)
Mr. Chairman: Can we have a motion that the nomination be closed?
Mr. Emerson: So moved.
The Board of Zoning Appeals voted and by majority vote Mr. Weidlich remained the
Vice-Chairman.
Chairman Okum: Is there a motion for Secretary?
Mr. Emerson: I would like to nominate Jane Huber.
Chairman Okum: Do we have any other nominations? Can we have a motion that nominations be closed?
Mr. Diehl: So moved.
Chairman Okum: By acclamation, Mrs. Huber, you shall serve for the rest of this year.



V. MINUTES OF THE REGULAR MEETING OF NOVEMBER 20, 2007

Mrs. Huber stated that a correction of who spoke a statement, on the last page needed to be made, and Mr. Reichert asked the spelling of his name on the first page be corrected.

Mrs. Huber moved to adopt the Minutes of November 20, 2007 with corrections mentioned. Mr. Reichert seconded the motion. All members voted aye, and the amended November 2007 Board of Zoning Appeals Minutes were approved with five affirmative votes with Mr. Danbury and Mr. Diehl abstaining.

VI. CORRESPONDENCE

A. Zoning Bulletin – October 1, 2007
B. Zoning Bulletin – October 15, 2007
C. Copy of Ordinance 4-2008

VII. REPORT ON COUNCIL

Mr. Danbury reported the Council did normal business for the beginning of the year: getting money in from the County and so forth. I want to encourage the Board to review Ordinance 4-2008; it deals specifically with issues before BZA. In the past people could purchase some property and they would say they didn’t know they needed a variance. The Board would say maybe we should or maybe we shouldn’t grandfather this.





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The other item that might be coming before you and that was Resolution number R (7) that deals with occupancy of families and homes or apartments. In the past we did it on the size of the property, but now we have it in square feet.
We said goodbye to Martha Brillhart last month and it was sad to see her go. She is a great person and will be missed by everybody.
Mr. Chairman: I extend the same thanks to Martha; I happened to be here when we hired Martha into the City. I’m going to miss Martha.
Mr. Danbury: The memorial is going well, if anyone would like to purchase a brick with your name or your family’s name on it. They can be purchased here at the Municipal building for $15.00. We have forms out there and we are getting a lot of sales. We are shooting for the 11th of November for the final completion date.

VIII. REPORT ON PLANNING COMMISSION

Mr. Chairman: At the last Planning Commission meeting that was last Tuesday night, we basically had two items on the agenda. The first item was GE Park; the over 50 living area had their presentation for the new high-rise that they are going to be building there. It will be assisted living independent living and people with dementia and Alzheimers will be in that building; I believe 150 units. It is multistory and it will be a very large element right off of 275. It will be built with the same materials as the homes are, with stone and stucco. That did, with conditions, get approved by the Planning Commission.
We also had Mr. Perin and his son at our meeting last Tuesday night. They came in with a presentation to change the side of the Staples which faces 747. Staples insisted on relocating around to the other side. Planning Commission and our City Planner feels that the front entrance of the building should have never been turned and that Staples created their own problem by doing that. They wanted that wall to be broken up, it couldn’t be just a white element – a white space; so we have gone from block, to stucco, to what was presented at this past meeting to paint the glass white and that didn’t get an approval. Staples lease on that building is one more year.


IX. OLD BUSINESS

153.710 VARIANCE

Mr. Diehl being on Planning Commission saw it go through Planning Commission and
Mr. Danbury, you saw it go through Council but it started here; we instituted the review process here at Board of Zoning Appeals, we directed it to the Law Director’s office for an input – the Law Director added items that we should consider in our point of deliberation and what’s necessary for a variance. There was a Supreme Court ruling called Duncan, the conditions that are in the packet that you’ve received, the last four items are the Duncan issues that must be and shall be part of your deliberation for a variance. That has been through the Court and it is a necessity for us to consider all of those items. I think that it is very important that we do look at this.
I want to go through those eleven requirements of consideration on our part:
1. The first item to considering for a variance is whether the property will yield a reasonable return without the variance or whether there can be beneficial use of the property.
2. Whether the variance is substantial.
3. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.
4. Whether the variance would adversely affect the delivery of governmental services.
5. Whether the property owner purchased the property with the knowledge of the resolutions, ordinances, regulations, measures or orders including the fact that all property owners are presumed to have actual and constructive knowledge of such information and that a claim by a property owner to have no knowledge of such information shall not be a reason standing alone to grant a variance.

6. Whether the property owners predicament feasibly can be obviated through some method other than a variance and

7. Whether the spirit and the intent behind the resolutions, ordinances, regulations, measures and orders would be observed and substantial justice done by granting the variance.





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(b) Findings of the Board of Zoning Appeals. No such variance of the provisions or requirements of this chapter shall be authorized by the Board of Zoning Appeals unless the Board of Zoning Appeals considers the criteria for practical difficulties as well as the following prior to making a decision:

(1) Exceptional circumstances. Where, by reason of the exceptional narrowness, shallowness, or unusual shape of a specific piece of property on the effective date of this code, or by reason of exceptional topographic conditions or other extraordinary situations or conditions of such piece of property, or of the use of development of property immediately adjoining the piece of property in question. There are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended and use of the property, that do not apply generally to other properties or classes of uses on the same zoning district. (2) Preservation of the property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights, which are possessed by other properties in the same Zoning District and in the same vicinity.
(3) Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this Code or the public interest.
(4)Not of general nature. That the condition or situation of the subject property or the intended use of the property for which the variance is sought, is not so general or recurrent in nature as to make reasonably practical the formulation of a general regulation for such condition or situation.

Mr. Emerson: I have a question about number 5. When it is talking about the property owner purchasing the property; what if we grant a variance for an oversized shed and the person doesn’t build the shed and they end up moving. The next person when they purchase the property, will there be a note for the next owner?
Mr. Chairman: I think number 5 is saying that the person that purchased the property should have knowledge about what orders are on that property.
Mr. Emerson: So that would be a variance?
Mr. Chairman: Yes. It is not recorded at the Recorder’s Office at Hamilton County; it is recorded here at the City of Springdale. It is not our responsibility to inform them of that.
Mr. Campion: People call all the time before they buy things and ask if there are any orders or what can be built in that area.
Mr. Chairman: I believe that we should consider all of these and by law the last four we cannot ignore because that has been tried in the highest court there is and we don’t have a lot of choice in that matter. This was passed the 6th of February 2008.      Copies are available.

X. NEW BUSINESS

APPROVAL OF VARIANCE FOR AN ADDITIONAL ACCESSORY STRUCTURE TO BE PUT IN PLACE 507 DIMMICK AVENUE

Mr. Chairman Section 153.492 (B)(1) an accessory building or structure; there shall be no more than one detached accessory building other than a garage on a lot in a residential zoning district.
Mr. William Cassidy, owner of 507 Dimmick Avenue: I received a letter a couple months ago stating that there appeared to be a structure that I had put up which was in violation of the code and I had not gotten a permit for it. Prior to my erecting what is actually a passive solar heater I had researched the requirements for a permit and found that a passive solar heater is not an object requiring a permit. In the packets that you have received the different applications of a passive solar heater are noted in a couple of different instances. Mine simply is bigger than a window unit, because I intend to apply it towards the heating of the detached garage that was present on the property prior to my purchasing it in 2002. Part of the stipulations about why I needed a variance, because I really don’t know that I do need because as I say, what I put up wasn’t an item listed in the requirements for a permit. One of the things that was stipulated was how this would adversely affect me as compared to other individuals in my neighborhood; given the fact that the property has a detached garage, it does not enjoy the heat transference that someone with an attached garage would have on their home. When you have an attached garage to your home there is naturally some convection heat which makes its way into the garage and provides heating to that area, which is why a lot of water based chemicals or paints do not freeze in a garage, because of the residual heating that occurs. My garage does not have this. So I decided to put up a passive solar heater that I have included where its placement is going to be, how it is constructed and its application which is in process.



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As the sun heats the black plastic sides of the unit as well as coming through the clear vinyl roof of it, it will heat the interior and will warm up the storage medium; in this case it is wood. Now that for a passive solar heater is not the most ideal situation, but it is also my intent to utilize the wood to burn to heat my home. It is also a renewable energy source on both counts, both the wood that I will be burning and the solar heating for the garage.
If you will permit me I will explain what this devise does. When you build this and I have built three of them now. When you build this you leave a gap is the very front of the area that is 4” high. In the top rear of the device, you have a 2” gap, that reduction of 50% creates a ventury effect in the area inside of the solar heater. That increases the flow of air out the back top and reduces the drying time of the enclosed wood to approximately 1/3 of its normal time. So instead of taking 9 months to season wood you take it and do it in three months. It is also, because this is a passive solar heater intended to have several ducts attached between the back top of the heater and the side wall of the existing garage allowing the heated air to flow into the garage and heat the interior to a certain degree. Will it get toasty warm? No. But, it will significantly increase the interior temperature from the ambient temperature on the outside.

Mr. Chairman: Let’s hear staff’s comments and we will move forward from there.
Mr. Campion: The request for a secondary accessory structure at 507 Dimmick. The applicant is requesting that he be allowed to keep a 6’ X 18’ by 7’ tall 108 square feet passive solar heat structure on his property. The applicant also has an existing utility building approximately 8’ X 10’ on the property. Section 153.492 (B)(1) permits only one accessory structure other than a detached garage on the property. The owner indicates the structure is to be used to season fire wood and to provide passive solar heat to his garage.
I would consider this a structure. It has walls; it has a ceiling and a roof.

Mr. Cassedy: At the time, it was not my intent to flaunt the law. But, I looked and it said a passive solar heater is not listed on your list of required permits. Having been a student of solar heating for a number of years and the window units that I have constructed to assist in the heating of different structures, I felt that I was within the confines of the law to go ahead and build this thing and put it up. If it was solely to heat to keep wood dry, I could have thrown a huge black tarp over the thing, but I thought it would be better to utilize the area that the wood would be stacked into a greater degree and provide heat for the garage that it would be stacked next to. The permit, I don’t have any major problems with getting. The thing is definitely sturdy; I had to stand on the roof to put the battens down to hold the clear vinyl roofing material against it so it wouldn’t blow away. And if you want to know how sturdy it is, I guess you are all aware of the storm we had roll through the other night and the wind – nothing has moved on that solar heater. It is intact, no tears or any other kind of repairs are necessary to it.

Mr. Chairman: At this point we are going to open up the floor to anyone in the audience for purposes of the record. Let the record show that no one else came forward.
Based upon the application only, we do need a motion to approve the request and then we will discuss it with the applicant.
Mrs. Huber: I make a motion to grant a variance from Section 153.492 (B)(1), so as to allow an accessory structure on property located at 507 Dimmick Avenue.
Mr. Weidlich: Second the motion.
Mr. Chairman: We will go into questions of the applicant from the Board.
Mr. Danbury: Mr. Cassedy, just looking at the pictures here…
Mr. Cassedy: I have to apologize; these had to be taken at night. I wasn’t able to take them during the day, so I had to illuminate the structure and take them as I could get them.
Mr. Danbury: Did you design this yourself?
Mr. Cassedy: Yes. I did.
Mr. Danbury: I will tell you what, it is very ingenious and I think everybody is trying to find a way to cut down on bills. And I think it’s really ingenious. What do you currently have in your garage?
Mr. Cassedy: At the moment, nothing. The walls are being insulated and covered with some very expensive, but very freely gotten material for the walls. You would find it in some place like Lowes or something. I worked for a company which had slotted siding and they took it down off their walls; and at $55.00 a sheet I have lined my garage with that. I will cut the slots between the log dryer and the garage and use insulated galvanized metal to connect the two, so I won’t lose very much heat as the air flows from the solar heater into the garage.
Mr. Danbury: Does your garage have insulated walls?




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Mr. Cassedy: Yes.
Mr. Danbury: If this were to actually work how much warmer could it be?
Mr. Cassedy: It is a relative thing in Cincinnati, depending upon the amount of sunlight you get. And the placement of the log dryer, I will have to admit, not in the optimum spot but as Mr. Okum pointed out in the new regulations that you’re looking at, I did not want to adversely affect my neighbors by placing it instead on the West side of the garage and place it on the East side it would have been more of a distraction, I think to my neighbors. So, I did have to take into consideration that, and I had reduced the efficiency some, because the morning sun would have come out hit it immediately and increase the heating effect and capability. It doesn’t currently get it until about 10:30a.m. in the morning. But from 10:30a.m.until the sun goes down, it is in direct sunlight. It will raise the temperature of the interior, I’m guessing, about…let’s say when it is 32 degrees and you have bright sunlight it will raise it up to 52 degrees; about a 20 degree increase.
Mr. Danbury: Well Sir, I am just kind of concerned, knowing what I know looking at it here I understand, but I don’t see that there is much great benefit other than it seems like to season your firewood. That seems like the most immediate benefit to you. But, anything that the Board does we have to consider this to all applicants that come before us.
Mr. Cassedy: That is true. As I noticed in the determination of the Board is for the safeguard of the public good and to insure that shoty workmanship is not something that you allow.
Mr. Danbury: Sir, I understand, and I am not saying that is something that you do. Someone else may not do this as nice as this. But, it looks like someone is; you know sometimes they will put tar paper on a roof before they put shingles, that is what it looks like. It doesn’t look as polished as some of the neighbors would want. I am just explaining some of my concerns.
Mr. Cassedy: The reason this is like it is, the black is actual absence of all color, and it absorbs heat at the latest possible potential available. If you would make it tan, the lightness in color, if I could have found a tan material fabric and paint it black. Optimally I need that in order to get the most efficiency out of the unit, it has to be black. It also should not have a black top. The intent is to allow the sunlight to penetrate through the clear plastic top into the interior which increases the efficiency of the solar heater several times over. If you have a black cube and you put it in the sun, that cube is going to get hot. The interior, however, isn’t going to get as hot as the exterior. By having a clear plastic top you allow the sunlight to heat whatever you are using for a storage medium inside and that raises the internal temperature, which is the whole reason for building a solar heater.
Mr. Danbury: O.K. Sir, I just don’t see the effectiveness of; I mean if it is just going to warm it up a little bit and you say there is nothing in it now, you could heat it but I don’t see the benefit.
Mr. Cassedy: I would like to store material in there that would not freeze. I would like to be able to utilize the garage and not have to heat it with kerosene heaters or some other electric heaters which is definitely going to increase the cost to heat the structure. It would significantly reduce the amount of heating if you go into a garage that is sitting at 32 degrees and have to increase that cubic volume significantly, it is going to cost quite a bit in thermal units to get to a temperature that is comfortable. If that temperature is already at 52-55 degrees and I just want to get it up to 70 degrees, a 15 degree in ambient temperature is not going to take as much energy that I have to pay for to work in my garage.
Mr. Danbury: My last comment is, I empathize with you because I had a detached garage as well, and I know exactly what you are saying about freezing, but I just want to explain everything.
Mrs. Huber: Does this structure have a floor?
Mr. Cassedy: No, it does not. The wood is stacked up above the ground which has gravel on it so it is not muddy.
Mrs. Huber: On this one photograph, it shows an opening. So, air can come in from the outside here?
Mr. Cassedy: That is correct.
Mrs. Huber: How did this structure withstand the winds that we’ve had?
Mr. Cassedy: I don’t build things that come down well. I designed it; this is the third one that I built. I know the stresses that can occur and I didn’t want to come out and find it tattered and torn. So, when I built it I used 6 mil black plastic in the walls, which is much more resistant to wind damage. I used battens on the sides and corners in order to reinforce it to minimize the amount of actual physical area that would be stressed by wind. The ceiling which is - I don’t know if you have another photo – but on page 10 the top shows the grid that I put down and over that is clear vinyl. Not plastic, but clear vinyl; polyethylene plastic will deteriorate in sunlight and become brittle, this will not.




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It will last quite a number of years if I so desire. To insure that the vinyl did not tear, a strip of heavy felt is laid down over the top of the grid and then the vinyl laid over that. Another strip of felt is laid down and then the batten is nailed in place to hold down the vinyl at each and every one of the joist. That is why it stays were it does. When I build them I don’t build anything that will fall down or would be something that isn’t up to par.
Mr. Emerson: Do you know what the life expectancy is of the black plastic that surrounds the outside?
Mr. Cassedy: Probably six to seven years.
Mr. Emerson: How many years are you planning on having this? Are you just going to rewrap it after it deteriorates?
Mr. Cassedy: Well, if I find that it is torn, I can repair it easily. I’m not going to take duct tape and fix a tear.
Mr. Emerson: Now, the black exterior is that contributing to the heat inside or is the heat coming through the roof and being magnified on the inside?
Mr. Cassedy: It’s absolutely part of it. It contributes 70% of the heating effect. If you have the black plastic sides being heated that heat transference from the black plastic keeps the interior air and convection currents causes that to rise. It’s all part of this structures integrity is to have the heated air inside, it is going to rise naturally, it has to go somewhere. And, as I have mentioned, the very front and only the front lower section has an opening allowing air to flow in the bottom and at the backside there is a 50% reduction opening to allow the air to escape. And that wide and narrow creates a ventury effect which the air through and the heat that comes off the black plastic rises along and it is pulling as it rises and going out it naturally pulls air in through the bottom. So it is a definite integral part of the structure.
Mr. Emerson: Could this have been considered an addition to your garage? I mean is it attached to your garage – is there heat ducts running to your garage.
Mr. Cassedy: Not yet. As I say, there is going to be several ducts where that 2” gapping at the back is, that I’m going to put between the back of the solar heater and the garage wall to allow that heated air to flow into the garage. That is the whole reason I put it where I put it.
Mr. Emerson: Are there blowers?
Mr. Cassedy: There are no blowers.
Mr. Emerson: So it is all going to be gravity fed so basically you are going to heat the upstairs of your garage.
Mr. Cassedy: No Sir. That unit will come in below the ceiling of the garage.
Mr. Weidlich: In the application here you say this is used to augment the heating of your garage? Does the garage currently have a permanent heater?
Mr. Cassedy: Not at this time.
Mr. Diehl: Could you explain to me how this is connected to your garage?
Mr. Cassedy: Currently Sir, it is not. That goes with something of an economic situation. I had been out of work since last July so the construction of this was as the money was available for the material. Given the volume of wood that I wanted to put in there, or storage medium, I needed to have the “chicken and the egg” kind of thing, which came first, well in this case this had to be put in place first so that I could split the wood to put inside. I just recently became employed about 3 weeks ago and as money becomes available, I will finish out the attachment or the construction of the vents that will go to the garage itself.
Mr. Diehl: I commend you for doing something to reduce the cost of your energy bill and probably good for the environment and so forth. My big concern is the appearance of this building or attachment or whatever you want to call it. From the roadside it just doesn’t look nice. That is just my opinion.
Mr. Reichert: As the air is flowing through and into your garage, how does it get out of the garage? Is your garage vented in certain ways?
Mr. Cassedy: No, the garage is not air tight and the air will escape predominantly through the seams around the garage doors. The second floor of the garage will be closed off. The ceiling will be closed off. As you point out you can only fill a balloon up so far, so you have to have some way for whatever air is coming in to have colder air escape.
Mr. Reichert: Have you given any thought to the question that several people and myself, the appearance of camouflaging it, hiding the blackness of it?
Mr. Cassedy: Actually, I have. The reason that I could do this on the roadside is that with the tracking of the sun as it does it really does not hit the North facing wall. So, I was going to have my wife paint a large mural, as well as the fact if you look at page 9 at the top photograph there is actually a garden in front of that and that has been planted with Iris bulbs and Gladiolas. I can cover that side if that would be a requirement. I could cover that side with a white canvas and have a mural painted on it. And I can tell you what the mural would have on it, is a palm tree. My wife loves it.
Mr. Reichert: Do you have an estimate of the cost of the construction of this whole project?


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Mr. Cassedy: It costs me three hundred dollars in material. Labor was mine.
Mr. Chairman: I am a little bit confused, in the fact that I think a couple of the Board Members allude to the same thing, it is almost like a structure and had there been a connection between the two it would be an expansion of the existing garage. Am I right Mr. Campion?
Mr. Campion: That’s correct, that is the way I would look at it, as an addition to the garage.
Mr. Okum: I don’t think ducting designates the connection of two buildings. But I have some problems with that type of storage next to a structure. Thank goodness it is not the house. Because that is one of the reasons we have storage buildings or storage shed regulations don’t allow it to be right next to the house? There is supposed to be a distance for fire safety separation?
Mr. Campion: Yes. But you could do things like rate the walls. I think what this Board needs to look at is, are you going to allow another structure on this property?
Mr. Chairman: I understand, because right now it is not attached. I have one question for the applicant and then we are going to close the discussion with the applicant and go into deliberation: if a variance were granted, what conditions, if there were conditions applied, what would you do to remedy the issues other than a palm tree painted on the black plastic.
Mr. Cassedy: It wouldn’t be on the black plastic. It would be painted on a weather resistant fabric so as to not to show age.
Mr. Okum: So then I guess you bring another question to my mind, and I think Mr. Reichert touched on it. The absorption of the heat is through the roof.
Mr. Cassedy: Not entirely Sir, No.
Mr. Okum: Well, if you were going to put a fabric over the black…
Mr. Cassedy: On the North side. To do so otherwise would defeat the purpose of the whole thing; if I put it on any other side.
Mr. Okum: The long side faces west. So the North side would face the street or the front of his house. So that is like a 4’ section of the structure.
Mr. Cassedy: Yes. One other thing as far as the concern the Board may have as far as the appearance and the material that I’m going to use. My brother is in the sign business and they have the availability of fabric materials used in signage, which does not deteriorate which I have access to and if the Board would stipulate a condition that the North side be modified to reflect a more aesthetic appearance, I can obtain that material and as weather permits, if you will give me the time for that, insure that when you drive by it is an attractive looking item.
Mr. Emerson: What kind of, the highest temperature are we talking about inside there on a hot sunny day?
Mr. Cassedy: Probably 20 degrees more than the exterior temperature.
Mr. Emerson: So if it is 90 degrees outside…
Mr. Cassedy: It could be as close to 110 degrees inside, possibly. It would not be escaping because what I intended to do is to open those vents that go to the garage so that I am not heating a garage in the middle of the summer. There is also a door on that; the interior would be stacked with wood so that no one could actually get in there where there might be a possibility of heat exhaustion.
Mr. Emerson: No, my concern would have been moist wood/bark, a lot of it stacked in there with the weight underneath. I know what hay will do if it gets wet if you stack it inside a barn and it gets hot, it catches on fire. That is my concern.
Mr. Cassedy: Spontaneous combustion, is what I believe you are speaking of?
Mr. Emerson: Yes.
Mr. Cassedy: This is the third one that I have built. Green wood put in there doesn’t contain a moisture content that wet hay would have. Wood has a certain moisture content, but it is no where at the percentage that hay would have which I understand, I have thrown bails of hay myself and straw. Wet hay composts because it is wet it allows an increase in temperature, but it also very difficult to cause a fire when you have a high moisture content.
Mr. Weidlich: I have a question concerning the screening that has been discussed, I do have an issue with the visibility from the street side, you’re saying that you would get a mural painted, is that just on the 6’ end of the unit itself or would it be spanned far enough across where the whole structure would be hidden from the street view?
Mr. Cassedy: It was going to only be on the North end.
Mr. Weidlich: Just the six foot width?
Mr. Cassedy: Yes sir. The reason for that is that Mr. Okum and other folks on the Board, the black siding whether it is plastic or other fabric material it is an integral part of a solar heater. In some of the diagrams that I provided the Board with, black is used exclusively in solar heaters to promote the most efficient heating of the interior space possible.





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Mr. Weidlich: If it just that, then the people on the street are still going to see that long face going down the side of your garage of black, versus if the screening were brought all the way across not down the side but straight across to shield it from the street view.
Mr. Cassedy: Well, you would reduce the efficiency by taking out a lot of the black if you go beyond that North side.
Mr. Weidlich: You wouldn’t be taking out any of the black anymore because you would be coming straight across parallel to the face of your garage over to the point where it is hidden from the street view.
Mr. Cassedy: So, you are talking about covering the long side?
Mr. Weidlich: Not covering it up but coming straight across.
Mr. Cassedy: There is a walkway that goes between those.
Mr. Weidlich: Then you maybe take a leg back toward your shed then, in order to totally hide the structure from the street view.
Mr. Cassedy: Kind of like an old-style screen?
Mr. Weidlich: That is what I am thinking of, because otherwise the street view is still going to see that 18’ long side from the street.
Mr. Cassedy: But then again, if I painted the out building black they would be seeing that too.
Mr. Weidlich: True, but it is also a permanent structure with siding and so forth, not black plastic.
Mr. Cassedy: If I could get my hands on enough of the material I would rather do that because that material is guaranteed to last 25 years.
Mr. Chairman: You didn’t indicate in any way how you would mitigate the effects of this structure on your neighbor to the south.
Mr. Cassedy: To the south, I’ve talked to John and he has no problem with it. Then again he is not here to say one way or the other.
Mr. Chairman: That is correct. He is not here and he hasn’t commented. All I can do is personally I have to assume that John is not going to be there forever. When we grant a variance, I must remind the Board that this is a lifetime variance. It is not until your building wears out. It is a second accessory structure that would be permitted on this property. Just so you understand this is not temporary, it is permanent final.
Mr. Campion: Keep in mind that the applicant still has to get a permit and there are items on his drawing that probably wouldn’t meet the building code. I am assuming that none of the 2” X 6” are treated; flooring?
Mr. Cassedy: 2” X 6”? No they are not because they are attached to treated timbers that are supporting them.
Mr. Campion: Then are they within 8” of the ground?
Mr. Cassedy: Yes.
Mr. Campion: Then they need to be treated.
Mr. Cassedy: That thing is full of wood, so right now we are talking close to six cords of wood that would have to be removed and then treated lumber installed. I say if you guys give me the variance, I’ll guarantee that I will get the treated lumber in there.
Mr. Chairman: Well, I think the first thing is that we have to make a decision if we are going to allow a second accessory structure. The building department has to deal with the building code issues in regard to the structure itself being a legal building on your property and whatever requirements fall under that our Building Department will be happy to give a list of accessory structures in the building code.
At this time, we are going to deliberate on this and make a decision.
Board Members, you heard the applicant comments and you have had a chance to discuss it with the applicant. The question is I guess is whether it be passive solar or greenhouse. It is still a second accessory structure on the property in addition to the garage. Garage and one additional accessory structure are permitted. So this would be a third accessory structure on this parcel.
Mr. Diehl: I still have one last question. Once the vents get attached to the garage, is that two buildings or is that one building?
Mr. Campion: I think it would be considered an addition to the garage. It probably needs a variance to make the garage bigger. So it is probably the same thing.
Mr. Chairman: At this point we are considering it as a third accessory structure. It is not permanently attached to the garage. The applicant has shown intent to connect. And I don’t know how the code reads, but I’m thinking as a builder, physically attached means, physically attached not just a piece of pipe connecting it or a conduit to connect it. I mean, electrical wiring connects between buildings and that does not constitute it being connected, so in my opinion at this point, the applicant has an opportunity once he has heard the decision of this Board to explore other opportunities. But at this point we are considering it an accessory structure; I think that is the determination from the Building Official. If it were physically attached, then all the issues attached to it as well, size and so forth.




BOARD OF ZOING APPEALS MEETING MINUTES
19 FEBRUARY 2008
PAGE NINE

Mr. Emerson: If one of the stipulations was to attach it to the garage, wouldn’t there be a whole line of building codes and stuff that he would have to make an addition to his garage; foundations?
Mr. Chairman: There are building standards that our Building Department would put on an attached structure, if they expand it. The question is that would be difficult for us to determine is what is the permissible size for that parcel under our zoning code and that would have to be another public hearing and another issue because we have advertised this to the public and the public had an opportunity to come and express themselves. As a third accessory structure on the property, I think it would be inappropriate for us to say, “the condition is that you attach it to the garage” and then we may be creating another set of conditions. If the applicant, if it were denied this evening and the applicant decided that he wanted to have a larger garage and have that become part of the garage then all the building code issues that apply to it would be part of that application; the Building Department would require that and then the size of the garage would be calculated based upon that attached to the garage based upon the existing code and the amount that he is allowed. We have to consider it based upon the merits of what was presented to us. I think the conditions of mitigating the effects of a structure of this with adjacent property owners and the neighborhood and the zoning, conditions of the exterior materials on the buildings can be part of a condition of a variance and you can put those restrictions on it. But, I think the real question is justification for a third accessory structure on the parcel.
Personally, I think it is a worthy thought to be environmentally conscious and to do things that are good for the green. On the other hand you can’t always do things for the green at the expense of your community.
Mr. Danbury: Mr. Emerson brought up the heat; basically if you were looking at a structure like this you would only be utilizing it from late November until March. I can’t see a valid reason to have this out there operating from June, July, August and September. I look at page 10, at the very top; it says “1 wire mesh attached to rafters. Now I look at the pictures here and I assume these rafters are 16 inches apart. Basically, if you look at the shed that he already has a variance for, the only difference between what this is and what the shed is is the outside cover. It has a roof and it has rafters and a door. The only difference is that you said it has very sturdy black plastic holding it which leads me to think that this should be considered a third structure on this property. I commend you, I really do. I think if you took this idea and you went out into the country where they didn’t have any kind of ordinances, I think you could make a lot of money.
Mr. Diehl brought up something that I share, I know what this is and I think it is a good idea but I think it is unsightly and I think this could bring down the value of the neighbors homes right now. For what you get in return for the minimal amounts of heat for your garage; I think again this would be excellent for seasoning your firewood and I just can’t see how this could benefit the community.
Mr. Chairman: Do we have any motions to amend?
Seeing that there are no motions to amend, Mrs. Huber will you poll the Board?

With seven “no” votes, Mr. Cassedy’s request for a variance was denied.

Mr. Chairman: Mr. Cassedy, I am sorry, your request has been denied. You can get with the Building Department and they will be happy I know to discuss alternatives and permittable uses.
Mr. Cassedy: How long will I have to tear it down?
Mr. Chairman: That you will have to get with the Building Department. I know you will live within the rules that the City has in our Zoning Code regarding our property and our Property Maintenance Code.

APPROVAL FOR A VARIANCE TO ERECT AN 80 SQUARE FOOT POLE SIGN AT 155 WEST KEMPER ROAD

Mr. Chairman: Said variance is requested from Section 155.531 (D)(2). Pole signs shall be limited to not more than one such sign and shall not exceed 50 square feet in total area.
Mr. Gene Bare, with United Maier Signs representing Kerry Automotive Group: As you probably are all aware Kerry recently bought Tri-County Pontiac Buick GMC. They had Mitsubishi and Ford on that side of Northland Boulevard and Kemper Road. They have now moved the Pontiac Buick GMC into what was the Mitsubishi showroom and the Mitsubishi showroom moved into the middle shelf. As a result the Mitsubishi sign in question was located on the parcel of Showroom 3. We have it in storage, pending the outcome of the decision tonight to relocate it down in front of showroom number 2 that is Mitsubishi. The height of the sign was 30’; we are reducing the height of the sign to 22’ high. They have already seen a drop in sales volume in Mitsubishi with no identification.




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19 FEBRUARY 2008
PAGE TEN

Currently the signs are: There will be a new Pontiac Buick GMC sign installed approved from years ago on a variance; there is one relatively small pole sign that is a Used Car pole sign; further down in front of the Ford dealership there is another pole sign.
Mr. Campion: Request for a pole sign, Kerry Mitsubishi 155 West Kemper Road, the applicant is requesting to move a pole sign from the dealership at 150 Northland Boulevard to the Mitsubishi dealership at 155 West Kemper Road. The sign is
80 square feet in area and 22 feet in height. Section 153.531 (D)(2) limits the size of a pole sign to 50 square feet maximum. A variance exists on the 150 Northland Boulevard where the sign is currently located however variances run with the property and are not transferable to another property. It is likely that the 150 Northland address will take advantage of the existing variance and install a new oversized pole sign. There is an existing pole sign on the Mitsubishi Dealership property at 155 West Kemper approximately 150 feet south of the proposed sign location; it is less that 50 square feet. The applicant has not shown this to be removed. If the existing sign is to remain an additional variance will be required from Section 153.531 (D)(2), which permits only one pole sign. We would not recommend that the Board approve an additional pole sign on the property. If the Board agrees any approval needs to include a condition to remove the existing pole sign.

Mr. Chairman: Are you familiar with that sign, Sir.
Mr. Bare: Yes.
Mr. Chairman: Did we receive anything from the Kerry Mitsubishi group, anything that indicated that you have the right to make decisions for them regarding removal of a sign.
Mr. Bare: I can do so. The removal of that existing sign can be put into an approval of relocating the Mitsubishi sign.
Mr. Chairman opened up the floor for anyone who wants to speak to this issue.
(No one came before the Board of Zoning Appeals for this issue.)
Mr. Weidlich: I would like to make a motion to approve a pole sign at Kerry Mitsubishi at 150 Northland Boulevard to exceed the limit of 50 square feet and approve the sign for
80 square feet to be erected on the property at a 22’ height.
Mr. Reichert: I second the motion.
Mr. Weidlich: Does the Mitsubishi sign have a red plate between the two faces?
Mr. Bare: Yes, it is a design element that Mitsubishi uses around the Country.
At this time Mr. Danbury removed himself from the discussion because he is employed by Jake Sweeny automotive.
Mr. Diehl: How many signs do you have on the property now, before you make any changes?
Mr. Bare: This one is being relocated and there will be an additional in the future. The one Used Car sign (the $9,999 sign); we would be willing to take down if necessary. And there is one all the way at the southern-most entrance ($4,999 sign).
Mr. Chairman: I just want to clarify, is the legal description and parcel description for the Mitsubishi dealership the 155 West Kemper.
Mr. Bare: Yes.
Mr. Chairman: The 80 square feet does include the red accent, Mr. Bare?
Mr. Bare: Yes.
Mr. Chairman: That is more of an accent feature on the sign; I know it is part of their logo. I would like to approve an 8’9” and 13/16th sign face by 7’4” and 7/16th sign face with an accent stripe as part of the pole feature. So that the variance for the sign face would be 63 square feet.
Mr. Bare: One of the things that it does, if they do change it out, you are reducing a perpetual variance from 80 square feet to the 63 square feet.
Mr. Chairman: Yes I am, with conditions. Any thought to making it a ground sign.
Mr. Bare: There isn’t enough area. It is a real narrow area. The paved area is real close to the right of way line/property line.

Mr. Reichert: I’ll make a motion to amend the original with the removal of a stated 48 square foot $9999 sign.
Mr. Weidlich: I will second the motion.
Mr. Diehl: I don’t really see the necessity to have the one sign removed.

Mrs. Huber poled the Board on the amended motion and with a majority vote the motion was amended to eliminate the $9,999 sign.

Mr. Chairman: We are back to an amended motion for an 80 square foot variance with elimination of one sign approximately 48 square feet, identified as the $9,999 sign.

Mrs. Huber poled the Board on the amended variance and with a five “aye” votes and one “no” vote (with Mr. Danbury being excused) the request for the variance was approved.


BOARD OF ZOING APPEALS MEETING MINUTES
19 FEBRUARY 2008
PAGE ELEVEN

XI. DISCUSSION

Mr. Danbury discussed the Springdale Day at the Reds scheduled for Saturday,
April 19th.

Mr. Chairman: There was a question brought up about the Golden Tee Golf Center Sign and the Cemetery Sign; have we resolved that Mr. Campion?
Mr. Campion: Yes, they did come in and got a permit for the second sign and they did move it down about 100 feet or so down from the other sign. I did notice the other day that they were not landscaped yet. He knows about that and that is something they are going to do.

There are some things that are available to us online, some additional CAGIS information that is available through Hamilton County Regional Planning Commission that I have encouraged the City to look at accessing, because it is available for members of the Regional Planning Commission, so we don’t take advantage of the things that are there. There is a wealth of information on that system. You can do overlays, you can do CAGIS, you can do topos on top of sites. This is phenomenal; and really we have not taken advantage of this and we need to; that would really help in the issue in some of deliberations on sites. The Kerry Ford site would have been a good example. If the audio visual was up, but even if it isn’t to have something – that we are not relying on the applicant to give us their best shot.

XII. ADJOURNMENT

A motion was made to adjourn, and the Board of Zoning Appeals adjourned at 8:58p.m.


                            Respectfully submitted


        ____________________________, 2007 ______________________________
                            David Okum, Chairman


_____________________________, 2007 ______________________________
                            Jane Huber, Secretary