BOARD OF ZONING APPEALS MEETING MINUTES

21 FEBRUARY 1995

7:30 P.M.

 

I. CALL MEETING TO ORDER

The meeting was called to order at 7:34 P.M. by Chairman Ralph Nadaud.

II. ROLL CALL

Members Present: Wilton Blake, James Young, Linda Stanton, Council-

woman Kathy McNear, Roosevelt Joe and Chairman

Ralph Nadaud

Members Absent: Councilwoman Marge Boice

Mr. Nadaud reported I have a note from Marge stating she will not be able to

attend tonightís meeting.

III. MINUTES OF REGULAR MEETING OF 17 JANUARY 1995

Mrs. Stanton moved for adoption and Mr. Young seconded the motion. All

present voted aye, and the Minutes were adopted with six affirmative votes.

IV. CORRESPONDENCE

A. Zoning Bulletin, Volume 43 Number 1 January, 1995

B. Zoning Bulletin, Volume 43 No. 1A January 15, 1995

C. Zoning Bulletin, Volume 43 No. 2 February 7 1995 & Special Report

D. Planning Commission Meeting Minutes - 10 January 1995

E. Report on Council Activities - Marge Boice - absent

F. Report on Planning Commission - Wilton Blake

Mr. Nadaud stated we have a written report from Mr. Blake. Mr. Blake

said since everyone has a copy of it, I move that it be accepted and put into the Minutes. Planning Commission concurred.

"The following action was taken at the Planning Commission meeting of February 14, 1995.

1. OíCharleyís requested conceptual plan approval for proposed

restaurants (OíCharleyís and Tumbleweed) at the Northwest

Corner of Princeton Pike and Merchant Street. Passed 7-0

2. Site Plan approval for proposed addition to Recker & Boerger

169 Northland Boulevard. Passed 7-0

3. Approval of project sign, Pictoria Island, Northwest Business

Center. Passed 7-0

4. Champion Window Co. requested to put enclosure outside.

Because Champion had no representative present, the action

was tabled to next meeting. passed 7-0

Wilton E. Blake I

Member,

Planning Commission"

V. OLD BUSINESS

None

Board of Zoning Appeals Meeting Minutes

21 February 1995

Page Two

VI. NEW BUSINESS

A. William Hafer, 246 Balsam Court (Springdale Terrace) Requests Variance To Allow the Reconstruction of the Garage of His Residence. Said Variance is requested from Section 153.025(F) "A Garage Shall be Not Less Than 240 S.F. and Not More than 600 S.F."

Mr. Hafer reported my house burned the Thursday before Christmas and they are reconstructing it right now. Dave Okum of Certified Restoration put this together, and he indicated to me that in order to do this you have to have 240 square feet of garage space. This will leave 201 square feet of garage space. We want to take our laundry room and move it out to the front part of the garage. I notified my neighbors on both sides, behind me and across the street of the hearing tonight, and they had no objections.

Mrs. McNear asked if the 201 square feet of the garage will be used to park a car, and Mr. Hafer indicated that it would. Mrs. McNear asked if it were long enough to get a car in there. Mr. Hafer answered it is almost 18 feet long so it is. Mrs. McNear asked about the middle section ; what will that be? Mr. Hafer responded that will be garage. The current house on the right hand side is all garage. We would take seven feet of the front and it will remain 18 feet and we will maintain the garage door. We will not do anything else. Mrs. McNear said so this line is showing the width rather than a third room. Mr. Hafer indicated that this was so.

Mr. Blake asked if this were a single car garage, and Mr. Hafer confirmed that it is.

Mr. Young moved to grant the variance and Mrs. Stanton seconded the motion. Voting aye were Mr. Young, Mrs. Stanton, Mr. Blake, Mrs. McNear, Mr. Joe and Mr. Nadaud. Variance was granted with seven affirmative votes.

B. Chesterdale Associates, Owners of 11733 Chesterdale Road (WCI-Waltek, Inc.) Requests Variance to Allow the Outside Storage of Some of the Finished Product. Said Variance is Requested from Section 153.106(B)(1) "All Raw Materials finished Products, Mobile and Other Equipment Shall Be Stored Within Enclosed Buildings"

Tim Sullivan, Attorney representing Chesterdale Associates stated with me is Bob Sanders who is Vice President of that company and also a director at Chesterdale Associates. Chesterdale owns the property, and Waltek is the company operating the business.

Mr. Nadaud asked Mr. Sanders if he were here to represent Waltek also? Mr. Sanders said yes. Mr. Nadaud commented you were here in November of 1993. We also have some residents of McClellans Lane who have expressed some interest in this variance. We also have some correspondence from some residents who are out of state at this time, and they have requested that we delay this to allow them to be present. I would like to review this with the members of the Board to get a consensus as to whether we should delay or proceed with this.

Mrs. McNear commented considering the fact that we have several residents who are interested in being here I would like to move that we table this until the next meeting.

Board of Zoning Appeals Meeting Minutes

21 February 1995

Page Three

VI B REQUEST FOR OUTSIDE STORAGE AT 11733 CHESTERDALE-cont.

Mr. Blake said didnít I read that the residents are requesting a delay until April? Mr. Nadaud the correspondence from the Potraffkes indicates they will be home by April 4th, so if we would delay it, we would delay until the April meeting.

Mr. Nadaud commented frankly Iím a little surprised and bewildered at the fact that Waltek would come before this board again seeking a variance when in November of 1993 that request was denied. At that time they were given a 30-day allowance to become in compliance with the code, which I donít think ever took place.

Mr. Sanders responded we did remove the material that was stored outside in 30 days as we were asked to. What happened was a project we are doing with the federal government in Columbus Ohio was delayed six months, and I had six months of stone panels that I didnít have anywhere to store, so I put them outside. Things happen in business, and there was nothing we could do about it. I couldnít ship it to the job site or keep it inside.

Mr. Nadaud said in light of the fact that there was lengthy discussion in the November of 1993 meeting pertaining to renting outside storage space to allow you to be in compliance with the code, Iím still kind of surprised that wasnít considered in such a large job.

Mr. Sanders responded the panels are 750 pounds apiece, and there were approximately 3,000 panels which covered an area of about two acres. I tried to get the general contractor in Pittsburgh to pay for that and they would not. I tried to get the Corps of Engineers in Louisville to pay for it, and they would not. The cost was $85,000, and that didnít take into consideration the cost of double handling that and moving that material, something that would have had to have been done with trucks, forklifts and probably cranes. We explored every possibility that we could.

Mr. Nadaud commented I made two trips to the Waltek property since last Friday, and each time I was a little bit more amazed at the fact that it looks worse now than it did in November of 1993 in terms of the amount of materials being stored and the manner they are being stored.

Mr. Sanders responded whatís out there right now is not really stored material; itís more debris; there are a lot of crates out there that we had trouble getting to with all the snow on the ground in the last two or three weeks. At least that is the majority of what is out there

Mr. Blake asked Mrs. McNear if she would be amenable to amending her motion to table this matter to the April meeting, and Mrs. McNear said she would. Mr. Blake continued that way it would give the residents who have asked an opportunity to be here. Mrs. McNear said I will amend my motion to table to the April meeting so that the residents can be in attendance.

Mr. Nadaud asked if that would be acceptable to the people at Waltek? Mr. Sanders answered I do not know what date in April. I know I am traveling. Mr. Blake responded that would be the 18th, and Mr. Sanders stated without having anything in front of me, I really donít know. I know Iím back by them, but I donít know if I have anything else scheduled. To be honest with you, todayís my daughterís 12th birthday, and I have already missed a birthday party. I would like to do this and be done with it.

Board of Zoning Appeals Meeting Minutes

21 February 1995

Page Four

VI B OUTSIDE STORAGE AT 11733 CHESTERDALE ROAD - continued

Mr. Nadaud stated we have a motion to table this item until April 18th. Any further discussion or a second? Mr. Young seconded the motion. Mr. Nadaud asked if anybody feels we can go ahead and vote on this tonight? Mr. Blake responded I thought the Board was being relatively sensitive to the company as well as to the residents, but I am hearing you say that you would rather we make a decision tonight. Mr. Sanders said itís up to you. Mr. Blake continued Iím trying to get some clarity before we vote, because we can do it tonight if you want to. Mr. Sanders stated I have to go home and face my wife and when I tell her itís been delayed.. Iíll defer to my lawyer. Mr. Sullivan said we will agree with the motion which suggested that additional residents should have time to appear and be heard from, and we will be available on April 18th. I trust if something unavoidable comes up we could move it to the next meeting of the Board? This was confirmed.

Mrs. McNear told Mr. Sanders that the reason for her tabling motion is because we are missing a member. There are at least three possibly four people on this board who turned this down the last time, so I am trying to give you the best possible means by having a full vote. I believe we need five affirmative votes. Also, we have had a lot of residents up here before. I understand your problem with the $85,000 to store your equipment, but that is the cost of doing business. It is also breaking the law, according to what we had asked you to do. We are trying to be fair to you, but our residents have to look at this day in day out evenings and weekends. You only have to look at it during the day. As you can tell, I am really not in favor of this, and I am trying to be fair to everyone. Mrs. Stanton asked the residents who are present if this is suitable for them. Mr. and Mrs. Robert Keith indicated that they would rather they be here also. Mr. Nadaud asked if they have anything they want to say to the Board this evening. Mr. Keith said he has a letter that would take about five minutes to read it. Mr. Nadaud suggested we wait until the April meeting when the other residents are here. Mrs. Stanton asked Mr. Keith if the Board could have a copy of the letter to review before the April meeting. Mr. McErlane made copies of the letter for each member.

On the motion to table, voting aye were Mrs. McNear, Mr. Young, Mr. Blake, Mrs. Stanton, Mr. Joe and Mr. Nadaud. The item was tabled to the April 18th meeting.

VII DISCUSSION

Mrs. Stanton asked to have all the paperwork delivered before the meeting so we can go over it, and this will be done. Mrs. McNear asked if those items arriving late, as two of these letters which arrived today, be faxed to them and this also will be done.

VIII. ADJOURNMENT

The motion and second was made for adjournment; all present voted aye, and the Board of Zoning Appeals adjourned at 7:55 P.M.

Respectfully submitted,

 

____________________1995 ______________________

Ralph Nadaud, Chairman

____________________1995 ______________________

Roosevelt Joe, Secretary