BOARD OF ZONING APPEALS MEETING MINUTES

15 APRIL 1997

7:00 P.M.

 

I. CALL MEETING TO ORDER

The meeting was called to order at 7:04 p.m. by Chairman William Mitchell.

II. ROLL CALL

Members Present: James Squires, Councilwoman Marge Boice, David Okum,

Thomas Schecker, Councilwoman Kathy McNear, and

Chairman Mitchell.

Members Absent: Barbara Ewing (arrived at 7:10 p.m.)

Others Present: William McErlane, Building Official

III. MINUTES OF REGULAR MEETING OF 18 MARCH 1997

Mr. Squires moved for adoption and Mr. Schecker seconded the motion. By

voice vote all present voted aye and the Minutes were adopted with six

affirmative votes.

IV. CORRESPONDENCE

A. Planning Commission Meeting Minutes - 11 March 1997

B. Planning Commission Special Meeting Minutes - 27 March 1997

V. REPORTS

A. Report on Council Activities - Marge Boice - no report

B. Report on Planning Commission - David Okum

Mr. Okum stated there was a correction in the Board of Zoning Appeals Minutes of February 18th. In the last paragraph on Page 6, Mr. Syfert

should read Mr. Squires.

VI. STATEMENT CONCERNING VARIANCES

A. 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.

B. If a variance appeal is denied, the applicant may resubmit the appeal

six months after the denial.

VII. OLD BUSINESS

A. Dan DiMarco, 585 Grandin Avenue requests variance to allow the removal of existing car port, addition of a garage and room and second story. Said variance is requested from Section 53.155 "Any nonconforming building shall not be enlarged or structurally altered..." Existing side yard setback is 4í (tabled 3/18/97)

Mr. Mitchell announced that Mr. DiMarco has withdrawn his request.

VIII. OLD BUSINESS

A. A. G. Hauck Co. requests variance to allow 112 parking spaces for

The Fitness Store at 11336 Princeton Pike (117 spaces are required). Said variance is requested from Section 153.091(A)(3) "..shall have at least 74 spaces plus six spaces per 1,000 square feet of floor area over 10,000 square feet.

 

Board of Zoning Appeals Meeting Minutes

15 April 1997

Page Two

VIII A. A. G. HAUCK - 11336 PRINCETON PIKE - PARKING SPACES

Mr. Eugene Wilkinson Superintendent from A. G. Hauck Co. stated Mike Bryant was called to South Carolina for an emergency, and I am here representing Mr. Hauck. We are seeking a variance on the parking in the back of the building, and we have come up five spaces short. There also has been a request to move the dumpster, and when do, that should free up some parking spaces, how many Iím not sure. We can move it from the present location over to here (showed on drawing) and can build a structure around it with gates on it. That was requested by the City of Springdale, and we are more than happy to comply with that.

Mr. McErlane reported right now there is a basement area in the building, and A. G. Hauck is proposing to turn that into retail space which generates additional parking numbers. The current parking on the site is 112 spaces and with that additional retail, the requirement would be 117 spaces total on site, not just in the rear of the building.

Mr. Okum comment when they presented that plan to the City, was there any indication that there would be retail space on the rear of the site? Mr. McErlane indicated that there wasnít. Mr. Okum continued I seem to remember two dumpsters in the back of that site at one time. Mr. McErlane stated there is only one now; it is within some concrete wingwalls that were built on to the building. Mr. Okum said the gates are left open? Mr. McErlane stated there are no gates on it. Mr. Okum said it is not that old a development; it seems strange that we would have approved it without an enclosure. Mr. McErlane responded our Zoning Code regulations donít require a gate. At the time the screening requirements were adopted, they felt that gates half the time were either beat up or left open so they deleted the requirement.

Mr. Okum asked the applicant where he would move the dumpster and Mr. Wilkinson answered we will put it any place you want it, but we plan to move it towards the center and back in there. That large door would come out which would allow more parking.

Mr. Okum asked where the additional retail space would be, and Mr. Wilkinson answered where you see the large door is where it would be and it would be a glass front. Actually we would gather some more parking in front of that and it would be a low profile tenant in that area. Mr. Okum commented it seems like a very strange use for that space, and Mr. Wilkinson answered they have somebody interested in it, or we wouldnít be here. Mr. Okum added itís just not store front space, which is typically what we would expect to see.

Mrs. Boice said you are saying they do not know who the tenant is at this point, so we donít know what kind of traffic they would generate. Mr. Wilkinson responded it couldnít be too much; undoubtedly it would be some type of office. We have a place upstairs which is temporary help; everything is done on the telephone and they have absolutely no traffic. The places on the end only have traffic of any consequence on a Saturday. Mrs. Boice commented I would not agree with that. I only go there through the week, and Iím not going to say they are crammed, but they do have a considerable amount. Mr. Wilkinson said I go there frequently and they always seem to be out of the parking on the top level and the parking to the rear are mostly employees. Mrs. Boice said my concern is you could put that business in there and it might be a real traffic generator. Mr. Wilkinson said my personal opinion is it will be office space of some type.

 

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Page Three

VIII A A. G. HAUCK - 11336 PRINCETON PIKE - PARKING SPACES

Mr. Squires commented so we donít know what will be in there, and as a result we donít know how much traffic will be involved? Mr. Wilkinson answered I was talking to Mr. Hauck today and he said it will have to be some low profile, probably an office space of some type. Mr. Squires wondered how many parking spaces would be picked up with the removal of the dumpster, and Mr.Wilkinson answered weíll probably pick up three minimum, or maybe four. We could put a small car area rather than normal width. Mr. Squires continued where will the main entrance of the store be, and Mr.Wilkinson answered it will be on Tri-County Parkway. Mr. Squires said if we donít know what type clients will be in there, do we know what will be sold in there? It is a retail center. Mr. Wilkinson answered I think it probably will be offices of some type, but I donít know.

Mr. Mitchell commented basically your proposal is a bit incomplete, and for us to vote on it and grant a variance knowing the parking problems up front would be irresponsible on our part. What I would ask is to table this until you know the type of business you would be bringing into the area and bring it back to us. Mr. Schecker added with a firm definition of how many slots you can accommodate. Mr. Mitchell continued and what type of parking the business you will be bringing in will require. Mr. Okum added and the square footage of the business as well.

Mrs. Boice commented this item was originally on the agenda in February and was tabled at the request of the applicant. In March the applicant was advised and there was no representative at the meeting so it was dropped from the agenda. They reapplied and I feel to make any decision on this we need somebody that knows exactly what is going in there. Mr. Wilkinson responded there was a tragedy down in North Carolina and they are down there; they donít even come home on the weekends. Mrs. Boice said you say office, but it is feasible he could move 25 telemarketers in there. Mrs. Boice moved to table and Mr. Squires seconded the motion. By voice vote all voted aye and the item was tabled to May 20th.

Mr. Okum suggested a letter from the Building Department be sent to them telling them exactly what we need from them for the May meeting.

B. Sign A Rama, 115 West Kemper Road requests variance to allow 34 square feet of window signs. Said variance is requested from Section 13.092(D)(1)(b) "Maximum gross area of signs = (W x 1.5) + 40 s.f." (25 square feet over allowed per Code)

Vladimir Shmulevich, owner of Sign A Rama stated after I opened in May of 1994, I used the design suggested by the nationwide franchise. It was done to equalize and make the same each of the 200 storefronts around the world. My windows represent what services I can render to my customers. I have to show my customers what I can sell them. This has been there since 1994, and I would like you to allow me to continue with the same advertisement and not have my business decline so I can contribute more to the community.

Mr. Mitchell commented when I read the roads "A Full Service Sign Center", what does that mean to you? Mr. Shmulevich responded a customer can ask me to estimate a job on the spot, give them an exact explanation of what they can expect from the services of the company, advise a customer on what he can do better on that specific business, to make a sign and install a sign. That is A to Z, every single thing, a full service. This logo stands for Sign A Rama which is nationwide. We make signs from small to large, real estate signs graphics on windows and trucks.

 

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Page Four

VII B SIGN A RAMA 115 WEST KEMPER ROAD WINDOW SIGNS - continued

Mr. Shmulevich continued virtually every single sign you see we can make within our premises or through the nationwide networking. It is the biggest franchise in the United States. Mr. Mitchell said and you think that the full service sign informs the public of that and Mr. Shmulevich answered yes, I would say so.

Mr. Squires said if I came into your store for sign work, if you did not have those three signs on your window, wouldnít you show me the signs you can do on a one to one basis?

Mr. Shmulevich answered believe it or not it would be very difficult due to the ignorance of people in certain areas. People donít know what window graphics are for example, and I like to show them in multi colors. The photograph doesnít really present the same view as the actual window graphics.

Mr. Squires wondered if he could reduce the signs to three-fourths of their size and still be effective, and Mr. Shmulevich said yes, and Mr. Squires commented so we could pick up eight square feet there. Mr. Shmulevich commented I would say that the computer graphics on the left hand side and the right hand side with the franchise logo could be reduced substantially and still represent what we can do in the line of graphics. Mr. Squires asked the size of the letters of your phone number; it is very prominent there, and Mr. Shmulevich answered 12 inches. Mr. Squires asked if they could be reduced to the size of the 115 on your door and still be effective. Mr. Shmulevich answered hopefully yes, but there are 36,000 to 39,000 cars that pass there each day, and it is designed so the prospective customers can have enough time to read the phone number. Mr. Squires continued we are open for compromise here, and it looks like we might be able to pick up close to 25 square feet. Mr. Shmulevich responded that is perfect; I would rather take the step forward to satisfy all Codes necessary than be out of compliance.

Mrs. Boice said you were saying that you need the window graphic Sign A Rama because people wouldnít understand unless they could see it on the window pane. Is there any reason why a pane cannot be inside the store so you could show them? If it is on a pane inside you could remove that sign completely. Iíll be honest with you; I donít want to go outside and look at your window if itís rainy. I want you to be able to show me inside. Mr. Shmulevich stated theoretically it could be done. I could transfer it to glass and keep it inside the premises to show. By the same token, I would like to advertise the company business and have as much outside as will be allowed to show the public shopping in this area. Mrs. Boice said the Sign A Rama is very clear, and as Mr. Mitchell pointed out when you say full service sign center that pretty much says it all. With all the signage you have, I am not very sympathetic. I think it is grossly overdone and I think there are many ways it can be done inside. Mr. Shmulevich responded this is a sign business and I have to show the customer. Mrs. Boice said those signs also could be shown on the inside, and Mr. Shmulevich answered only in photographs and I do have them.

Mr. Shmulevich continued those signs and graphics have existed since 1994. I didnít do anything in violation in that period, and if it is not allowed at this time, I am willing to comply and I must comply, but I am asking you to allow me to keep something to advertise in my windows, perhaps a smaller size. I want compromises.

 

 

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Page Five

VIII B SIGN A RAMA 115 WEST KEMPER ROAD WINDOW SIGNS - continued

Mrs. Boice commented I can see your keeping the logo. Mr. Okum added if you are displaying your window signage as your key for potential customers, you are saying your big Sign A Rama sign on the wall of the building is not as critical as your window signage, because it adds in on your total amount of signage. What is more important to you, the big sign or the window sign? Mr. Shmulevich answered definitely the big sign is the main sign. However the capabilities of the sign business described somehow would be very beneficial. Mr. Okum wondered if he had photographs that customers could look at, and Mr. Shmulevich answered I have a photograph of every sign I have made. Mr. Okum asked if he had signs on the walls inside the business, and Mr. Shmulevich stated whatever walls can allow me. I can put a banner up, but I cannot put illuminated signage there.

Mr. Okum commented you must understand that a situation such as this is the reason that the city established a code issue that made all signage inclusive. To be fair with all businesses in the community, you have a very small store and an enormous amount of window signage. According to our calculations you are permitted nine square feet of window signage. That does not include your open sign, your store hours or your address, because they are not calculated in the total. I would be hesitant to approve your request. I think your Sign A Rama sign, the corporate logo probably falls into the nine square feet. Mr. Squires stated that is 4.1 square feet. Mr. Okum added that still allows you some signage for your window, but I wouldnít be inclined to agree to anything else. Mr. Shmulevich wondered if he could request to make all the signs on the left and right hand side of window graphics substantially smaller to get into the sign allowance. Mr. Okum responded if you bring it down to nine square feet, that is fine.

Mrs. McNear asked if he wanted to go back, rework your signage to see if you can comply with the nine square feet? If you are going to do that, you do not need a variance at all. Mr. Shmulevich answered that would be the right thing to do; I will discuss it with Mr. McErlane as to exactly what is allowed, and it will be redone.

At the applicantís request, the request for variance was withdrawn.

C. William Gerth, 11712 Kenn Road requests variance to allow the remodel of his garage. Said variance is requested from Section 153.023(F) "Each single family dwelling.. shall have 2 or more car garage...not less than 400 s.f. and not more than 600 s.f.

Mr. Gerth stated when they originally built the garage, they put two 8 foot garage doors on there and you could not pull a vehicle in there. So we were residing the house and noticed the garage doors needed to be replaced we put a single car garage in the center and nice coach lights on each side to make it useful to pull vehicles in and out and get around the driveway.

Mr. Okum asked if there were any reason why you wouldnít put a 16 foot door there? Mr. Gerth responded the garage is not able to hold two cars, so why should I go to the expense of having a large garage door. Putting a six foot door reduces it down to 5 inches on either side of the garage door.

 

 

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15 April 1997

Page Six

VIII C WILLIAM GERTH 11712 KENN ROAD GARAGE REMODEL - continued

Mr. Squires commented your photograph does not show it, but you have parking in the front of your house. Are you going to park one of your vehicles in this garage? Will it be used for that purpose? Mr. Gerth answered occasionally, but during the summertime no, with kids toys and bicycles and kids running in and out.

Mr. Mitchell asked if the current use is a workshed? Mr. Gerth answered no, it is just storage. I have the kids bicycles, motorcycle, and lawn equipment in there. I do my own mechanical work inside the garage. The way the garage was set up before, I had two inches from the main runner to the wall and could not work on anything properly.

Mr. Schecker said I want to commend you on fixing the house up. It looks like it will be a nice addition to the area. From my observation, there are other houses in the neighborhood probably grandfathered that have single car garages, and for my money I think what you are doing is very appropriate.

Mrs. Boice asked if he had ever parked two cars in the garage, and Mr. Gerth answered that he had not, you could not.

Mr. Okum asked how far he had gone on the project. and Mr. Gerth answered the the single door is in. Mr. Okum continued so you already have invested in the door. Did you get a building permit for the improvement? Mr. Gerth answered yes I have one for the siding. Mr. Okum said because there is a header over the top of the door. Mr. Gerth added the header was never changed; the only thing I did was remove the center support and put the garage door there and resuspended it. Actually it has more support now than it had before.

Mr. Okum asked if this had been inspected, and Mr. McErlane reported that it had not. We have issued a permit for the siding but not for changing the headers around in the garage. It didnít have a header in that location before. Mr. Gerth stated it had a header all the way across the garage. Mr. McErlane commented it must have been 20 feet long. Mr. Gerth said yes, and as you see now, you have more support than you had originally. Mr. McErlane asked the size of the new opening, and Mr. Gerth answered 8 feet.

Mrs. Boice wondered if he were living on the property when the garage was added. Mr. Gerth said he was not.

Mr. Mitchell said if this is approved, we might want to have the Building Department look at the header to make sure it spans the distance.

Mr. Okum said you are in a situation where there are other homes that have single car garages, and in that vein I will be voting in favor of the variance. I wish it had come to the Building Department a little bit earlier. They probably could have given you some alternatives that would have had you conforming. A 16 foot door would have been conforming whether you had two cars in there or not. Now you have bought the door and done the enclosure, but for the next remodeling project, I think you

better get your building permit.

Mr. Squires moved to grant the variance and Mr. Schecker seconded the motion. Voting aye were Mr. Squires, Mr. Schecker, Mr. Okum, Mr. Boice, Mrs. McNear, Mrs. Ewing and Mr. Mitchell. Variance was granted with seven affirmative votes.

 

 

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Page Seven

C. Judith Muehlenhard (Pine Garden Landominiums) requests variance to allow the placement of directional signs at Lawnview and Princewood court, Lawnview and Kemper Road and Lawnview and Route 4. said variance is requested from Section 153.133(A) "..The advertisement message contained on any sign shall pertain only to the principal business, industry or other pursuit conducted lawfully on the premises on which the sign is located.."

Ms. Muehlenhard said I am working in partnership with Chris Smith as the Company C. J. Concepts to do the ranch landominium development off Princewood Court. I am having a difficult time with having people know where we are because you canít see us from any of those areas. I am not asking that the signs be put on public right of way but I am asking that they be put in the residentsí yards in each of those locations. I have written permission from all of the people; in fact on Princewood and Lawnview, both residents gave their permission. I would like to display a regular real estate sign with an arrow pointing toward Lawnview so that people know. What we have is probably the very best product of its kind in Cincinnati, it truly is. My clients are middle aged and retired people. Most of them are cash buyers. It is an extremely desirable product, and people donít know we are here. Iíve even had real estate people have a hard time finding it, so I would really appreciate being allowed to put up the signs at least on weekends to let people know we are there. These are high traffic areas and it would give a lot of people an opportunity to come back and look at it.

Mr. Mitchell commented one of the keys in real estate, the golden rule is location location location. Mr. Muehlenhard responded we have a wonderful location for the people once they move in, but nobody knows we are there. Those people will love it because it is isolated.

Mrs. McNear said I think this is a precedent-setting item, and I am not willing to go for that. I donít think itís right; I donít like to see those signs. I have seen your signs and I have seen other realtors use those signs on property that doesnít belong to them. I have seen companies put up signs saying furniture sale in places where they donít belong and they make me angry; I will definitely be voting no.

Mr. Squires added I noticed five of those units have been sold, so somebody must know where you are. Ms. Muehlenhard responded yes, but they all should be sold as good as they are. People are finding us through word of mouth. We do not build them until we sell them. We are unique in that. Wecustom design every home for the client and that is a very time consuming long process. The houses in this development are very widespread in price. One house has a base price of $125,000 and another has a price of about $250,000. I am on the site daily watching to make sure everything is done right. Mr. Squires asked her goal to have the project completed and Ms. Muehlenhard answered I would like to have them presold and under roof this summer. I can do that if people know we are back there and come and see.

Mrs. Boice said I am sure you are advertising this. Lawnview is a key street in our city, and I canít see what the problem is of their finding you. Ms. Muehlenhard answered itís not hard to find; itís just that people donít know we are back there. I do advertise in the papers but people donít necessarily see those little ads; a sign makes a big difference. One weekend when I put the signs up ( I didnít realize I wasnít allowed to put them up) I had 17 cars and that was in the dead of winter when I didnít have anything to show. When you go down Lawnview, our big site sign is way down. Itís easy to give people directions to, but it is hard for anybody driving down the road to dream that there is any construction back there.

 

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15 April 1997

Page Eight

VIII D PINE GARDEN REQUEST FOR DIRECTIONAL SIGNS - continued

Mrs. Boice continued following up on what Mrs. McNear said, this would be precedent setting. I can envision other real state people coming in and saying I have been trying to sell this house for so many weeks and I really need a sign on this property because Iím not getting results, and that concerns me. I am sure you are well aware that we are bears about signs in this city and that is why it looks the way it does so I have some real problems with this.

Mr. Squires moved to grant the variance and Mrs. McNear seconded the motion. No one voted aye and Mr. Squires, Mrs. McNear, Mr. Schecker, Mr. Okum, Mrs. Boice, Mrs. Ewing and Mr. Mitchell voted no. The variance was denied with seven votes.

E. Cecil W. Osborn, 12080 Kenn Road requests variance to allow the construction of a split-rail fence in the side yard. Said variance is requested from Section 153.038(B) "yard structures are permitted in side yards if they are set back from the street line not less than the required setback of the adjacent main building of the butt lot."

Mr. Osborn stated I would like to put in a split rail fence in my back yard. I live on the corner of Yorkhaven and Kenn Road. Yorkhaven east of Kenn Road starts to curve to the north, and at the rear corner of my house, I am exceeding the 35 foot setback. The house is 37 feet off the right of way, but if you draw a line straight back along the side line of my house, when you get to the back property line, the fence will only be 22 feet off the public right of way, and the Code calls for 35 feet. I would be asking for a 13 foot variance on the 35 foot side yard setback.

Mr. Osborn continued in mitigation I would like to point out that because Yorkhaven curves to the north, if you extend the setback of those houses, there is relatively little overlap between the side yard extension of my house and the front yard extension of the houses on Yorkhaven. For purposes of building a fence to restrain a rather active puppy, I would like to get a variance from the strict application of the Code to build a fence that would square up with my house.

Mr. Okum asked if the fence only went around the perimeter of the rear yard, and Mr. Osborn confirmed this, adding it is highlighted on the site plan. I would have a gate on the side by the corner of the house facing Yorkhaven and a gate on the side lot facing Kenn Road. Mr. Okum commented the site plan certainly helps, especially with the front yard setback on 734. I know it is a 13 foot setback from Yorkhaven, but on the other hand we also are looking at the front yard of 734 and you really are only cutting out five feet. That is such a wide pie shaped lot you are not making a big impact on it. That must be 75 feet from the left corner of their house to your rear fence. I have no problem with this and I will be voting in favor.

Mr. Okum moved to grant the variance and Mrs. McNear seconded the motion. Voting aye were Mr. Okum, Mrs. McNear, Mrs. Boice, Mr. Squires, Mr. Schecker, Mrs. Ewing and Mr. Mitchell. Variance was granted with seven affirmative votes.

F. Marla J. Dodd, 909 Yorkhaven Road requests variance to allow the placement of satellite dish in her side yard. Said variance is requested from Section 153.053(B)(1) & (5) "It shall only be located in the rear yard." "It does not project into front or side yards."

 

 

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Page Nine

VIII MARLA DODD, 909 YORKHAVEN ROAD SATELLITE DISH IN SIDE YARD

Ms. Dodd stated I moved from Missouri (transferred with P&G) and my neighbor Mr. Thompson greeted me and told me I needed a permit for my satellite dish. I never had to have one before, but I got the papers and had my neighbors sign the papers to request this variance. I donít have a rear yard and want to put it in the side yard. It wonít be 12 feet tall. The reason I am requesting this variance is because it is a $2,300 to $2,400 system; I have moved it around because it is cheaper than cable.

Mrs. Schecker asked the size of the dish and Ms. Dodd answered this is a 10 foot dish and the pole is eight foot.

Mr. Okum wondered if there were any reason why she canít put it in the back corner of the property. Ms. Dodd answered that is why I brought these pictures in. They have to set these dishes at a 45 degree angle to the east and a 17 and 1/2 degree angle to the west, and the angle is heading right into the back of this house so you would not pick up any of the western satellites. As it is I had them look around the whole yard to tell me what my options were and that spot he marked is the only place it can go in the yard to pick up the signal. That is not on the corner, it is between the neighborís house and my house. I had the pole put up so you could see it; the dish isnít up. I told them not to put the dish up until I got approval. He is supposed to come tomorrow. Iíve always moved it with me because there is too much money in the system to let it go to waste. Once you have them you canít get your money back out of them. If I ever moved and you wanted the dish down and wanted to put that in the variance, I have no problem with that because I plan on taking it with me.

Mr. Okkum said I guess you looked at the possibility of not putting this up for now because in your neighborhood you have Warner Cable DSS dishes, Primestar. Ms. Dodd responded a digital dish only picks up one satellite signal with all the stations on it. A satellite dish picks up all the satellites with all the signals.

Mr. Okum commented the problem is what Ms. McNear said earlier about the signs on the corners. If we establish a precedent that allows it for you, I would be breaking a commitment I have made over a good number of years with the City that has forced most satellite dishes to the rear yard or screened in by shrubbery and trees so you canít see it. That would be difficult for me to approve, especially with the number of avenues that there are. If I were driving down Yorkhaven, that is what I would see. Ms. Dodd wondered about putting a bush up, and Mr. Okum answered that would be required anyway because it is supposed to be screened by shrubs and trees. In your situation, if we wanted to allow this, you would need to screen that entire unit, the dish from view from Yorkhaven. That would mean some pretty decent size evergreens, probably about 13 foot high. If you had screening totally, then your depth would be pretty close to the depth on a lot of properties. I understand your situation; it is somewhat of a hardship because you are on the corner. Ms. Dodd commented I have always moved it with me, and I canít sell it because I canít get the money out of it; I would be losing too much. The neighbors have all said it is fine and I would take it with me when I move. Mr. Okum responded if we would pass the variance, that would allow that use on that property for the person you sold the property to. Mrs. Boice added a variance goes with the property forever, plus it is precedent setting. That is the problem. Mr. Mitchell added we had someone in here a couple of months ago with a similar situation. I didnít get the feeling from the Board that we would approve his request and he ended up withdrawing his request. This is the same situation, and I am getting that feeling tonight also.

 

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Page Ten

VIII F MARLA DODD 909 YORKHAVEN ROAD SATELLITE DISH IN SIDE YARD

Ms. Dodd commented I donít know what to do with this dish; there is too much money in it. It just got hit by lightning last year, and I had it all replaced. It is all new; I have a big screen TV with surround sound in my family room. The sound is excellent off the satellite; it is a lot better than cable. There is no back yard so obviously you have to have some kind of precedent for people who donít have a back yard. I have had other people tell me that they didnít think it would be a problem because it is a corner lot with no back yard. I asked the inspector when he was out if he thought it would be a problem, and he said it didnít look like it but I would have to go before the Board and find out.

Mr. Okum said the other thing is that the location on the drawing shows it in front of Mr. Segalís front lot line. It would be to the front of his home. Ms. Dodd stated that they were able to move it back more. It is behind that brown fence about four to five feet. Mr. Okum continued so it is behind his front lot line.

Ms. Dodd wondered what an evergreen would cost; a couple of hundred dollars? I would be willing to do that. Mr. Okum responded it would take more than one because your dish is 10 foot wide and you would have to basically enfoliate the exposure to Yorkhaven to the point where it is obstructed from view.

Mr. Okum stated at this point based on what you have presented, I canít vote in favor of it. If you could come up with a solution, I think we all are trying to work towards that. Mrs. Boice wondered if she could trade it in ford a smaller one, and Mr. Mitchell responded they do not do that; they canít resell it. Mr. Okum commented large dishes are selling for $400 to $500 because the small ones are $199, but you are limited with the small ones to one satellite and one service.

Mr. Okum wondered if the applicant would like to think about it and come back to us with some ideas of what to do. You might talk to someone in the landscaping industry for ideas. Mrs. McNear added if we vote this down tonight, you canít come back and reapply for six months, so we want to give you the opportunity to take another month and look at some alternate plans. The landscaper might have something else you could do, maybe some mounding with smaller trees that would be less expensive than 13 foot trees.

Ms. Dodd wondered if it had to obscure the whole dish; and not just be the pole, and Ms. Boice answered the pole doesnít bother anybody; it is just the dish. Ms. Dodd commented so the location is not the problem either, just the size? Mr. Okum answered now that you moved it back it makes it somewhat workable, but the problem is it still is in violation to the Code and there has to be some adjustment made to make it work. Ms. Dodd said I can have some kind of yard man come out and see what can be done to make it look nice. Mr. Okum added that side could be fully screened from Yorkhaven and not impact the functionality of the dish. Ms. Dodd stated then Iíll do that. Mr. Mitchell suggested that she check the costs, adding that she might be able to get a smaller dish; consider the trade off versus buying all new trees. Mrs. McNear added although the trees enhance your property and the price of your house. Mrs. Boice added if we table this, it gives you 30 days to check into options.

 

 

Board of Zoning Appeals Meeting Minutes

15 April 1997

Page Eleven

VIII F. MARLA DODD 909 YORKHAVEN RD. SATELLITE DISH IN SIDE YARD

Mr. Squires commented the feeling we are getting here is to try to see if there are alternative ways of doing this. Also maybe a professional engineer could work out something for you. Mr. Schecker added you might talk to the satellite people who could have had that problem before. Ms. Dodd commented I already asked them; they donít have ideas and besides they are out to make money. Ms. Dodd commented I will be out of town next month, but I would like you to table this until June 17th. Mrs. Boice moved to table and Mr. Squires seconded the motion. All voted aye, and the item was tabled. Mr. McErlane added if you have any additional drawings, we will need to have those by June 10th.

IX. DISCUSSION

Mr. Mitchell suggested that for the A. G. Hauck variance, we should send them a letter suggesting that they get everything together for the next meeting. Mrs. Boice added I think we have to have it tied down and know what is going in there. He could move in 25 telemarketers. They have a requirement of 112 spaces. Mrs. Boice said if there is a problem and you donít have Mr. Hauck here to answer the questions, it will be I didnít commit to this. Mr. McErlane reported that the other individual that was supposed to be here had a better handle on what was going on.

Mr. Mitchell commented on the Pine Garden situation, she needs to spend the money and have a driveway; thatís all she needs to do. Mrs. Boice added if you have been reading the Planning Commission minutes, they are having a lot of problems with that development. Mr. Okum asked if Mr. McErlane had his responses from them and Mr. McErlane stated that he did not. I have not seen a grading plan but I took extra slides for the next Planning Commission meeting. Mr. Okum said I donít see why they should be on the agenda if they donít conform to what we request. Mr. McErlane stated they have until the end of the month to get the information to us. Mrs. Boice said you told me a couple of months ago that was a project you had to watch almost constantly, and we canít have somebody down there 24 hours a day. I was glad we held firm on this.

Mr. Squires wondered if anyone had been buy the tanning salon lately. He is gradually trying to change the sign but he is still out of variance. Mr. McErlane reported he refiled for a permit but all he did was black out the little corners on that. He needs to go back and come up with something within code.

Mr. Okum commented that Recker & Boerger was painting signs on their windows yesterday. Mr. McErlane stated they havenít talked to me since they were in here last month. Mr. Okum added without all the signs on their windows, you could read the back wall.

Mrs. McNear said on the window signs, we get people in here spending a lot of time on each one and in the end we make them comply. I am sure Bill and his department are doing all you can to make them comply with this, but maybe if you give them our batting average on variances for this it would cut down on this.

Mr. McErlane stated it is hard to get them to understand anything. It turns out there are probably 10% of them that donít understand until they go to court, and there have been a number of them in court recently. Then all of a sudden they are ready to comply. Mr. Okum wondered about the court on this issue, and Mr. McErlane stated they have been holding the line on it pretty well.

 

Board of Zoning Apjpeals Meeting Minutes

15 April 1997

Page Twelve

IX - DISCUSSION - continued

Mrs. McNear continued maybe if you reinforce that our intention is to hold the line; we have been holding the line, and if you want to waste two hours of your time that is your business but this is something we are taking very seriously.

X. ADJOURNMENT

Mrs. McNear moved to adjourn and Mrs. Boice seconded the motion. All voted aye, and the Board of Zoning Appeals adjourned at 8:40 p.m.

Respectfully submitted,

 

 

______________________,1997 _________________________

William Mitchell, Chairman

 

 

______________________,1997 __________________________

Barbara Ewing, Secretary