Board of Zoning Appeals Meeting Minutes
16 October 2007
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:     Bob Weidlich, Bill Reichert, Jim Squires, Bob Emerson,
Marge Harlow, Jane Huber, and Chairman Okum

Others Present:     Randy Campion, Inspection Supervisor

III.     PLEDGE OF ALLEGIANCE

IV.     MINUTES OF REGULAR MEETING OF 18 SEPTEMBER 2007
Mrs. Huber moved to adopt the minutes and Mr. Squires seconded the motion. All present voted aye, and the September Board of Zoning Minutes were adopted with seven affirmative votes.

V.     CORRESPONDENCE

A. Zoning Bulletin - September 15, 2007   

VI.     REPORTS

A.     Report on Council - Jim Squires reported regular Council meeting of October 3rd, 2007, six members were present. We dealt with several things; one was an ordinance authorizing the Mayor and the Clerk of
Council, Finance Director to enter into a collective bargaining agreement with the Springdale Professional Firefighters IAFF Local 4027. We finally completed negotiations with them and that is now part of their contract.

We dealt with ordinances numbers 50 through 54 and they all dealt with same thing, that is accepting certain right-of-way easements for the State Route 4 and Crescentville Road improvement project and the land that the easements would come from were the LaQuinta Motel would be one of them, Sibcy Cline Realtors would be another one, Roosters would be one, Hooters and Whiskey Willies would be one, and there is one more on the Southwest corner of Ray Norrish Drive, and I think that is the location of some professional Eye Surgeons there; Retinol Surgeons, I think are there. But those are the properties from which we have got easements for the State Route 4 / Crescentville Road improvement project.

B.     Report on Planning - David Okum reported that there was no Planning Meeting during September. There was one item on the agenda, a revisit for the Staples west elevation which is the 747 elevation, and the applicant
again requested, by letter, to be continued to a later date. I don't know where that is going to go, they want to make some changes to the facade, but they basically have not come back with anything different than what they came through the first time.

VII. CHAIRMAN'S STATEMENT AND SWEARING IN OF APPLICANTS





BOARD OF ZONING APPEALS MEETING MINUTES
16 OCTOBER 2007
PAGE TWO

DOG GROOMING BUSINESS IN RESIDENCE – 11831 RAMSDALE COURT

VIII. OLD BUSINESS   

A. Mr. Okum reported the first and only item on the agenda, an approval for the temporary variance to allow the applicant to continue a dog grooming business in her parent's residence is requested from Section 153.486 (G) "Home occupation shall not include...pet grooming...". Representative for the property, will you please come to the podium.
Ms. Kauffman stated that she would like to continue the dog grooming business in her parent's home. I have followed all the rules for the
past 15 years.
Randy Campion with the staff reports: 11831 Ramsdale Court, variance to allow a dog grooming business as a home occupation. The applicant is requesting to continue a dog grooming business in her parent's residence. At the time that the original variance was granted, dog grooming was not specifically prohibited. At that time the Building Department felt that it was similar to other prohibited uses in the code such as barber, beauty salon and dog boarding. In March of 2000 revised zoning code specifically prohibited pet grooming. The applicant first received a temporary variance in 1992, to allow this use for one year. The Board has subsequently granted two-year temporary variances in 1993, 1995, 1997 and 1999, and a three year variance in 2001 and 2004. Should the Board decide to again grant a temporary variance for continuation of this use, the Building Department encourages the continued use of the temporary variances to be able to review complaints and sanitary conditions. It also allows for expiration should the business be discontinued or should the operation move from the premises. The Building Department has not received complaints about the business nor do we have any current health or sanitary concerns.

Mr. Okum opened the public hearing.

Mrs. Valentine, a neighbor of 11831 Ramsdale Court stated the business is clean, and Ms. Kauffman is very good with the dogs, I take my dog to her.

Mr. Okum closed the public hearing.

Mrs. Huber moved to grant a temporary variance for a period of three from Section 153.486 (G), so as to allow the continuation of a dog grooming business at the residence located at 11831 Ramsdale Court. Mr. Squires seconded the motion.
Mr. Squires asked if an addendum concerning an expiration of the temporary variance should the business be discontinued.
Mr. Okum commented that the temporary variance grants a date, a timeline, so there is no need for an addendum.
Mr. Okum stated for the record, Ms. Kauffman, we have copies of your application on file, with the report from staff stating that there has been no complaints concerning your business operations. As I understand, you are reducing it down to twelve or so dogs a week.


BOARD OF ZONING APPEALS MEETING MINUTES
16 OCTOBER 2007
PAGE THREE


Ms. Kauffman answered, yes; because of health insurance I have another job. Ms. Kauffman added that the dog grooming business is an unadvertised business. Mr. Okum stated that he would prefer that with a temporary variance. Ms. Kauffman added that the only advertisement for the business was through the phone book and Mr. Okum added that other people have ads in the phone book and work out of their residence.
Mr. Campion asked if the temporary variance would continue the same as the last approved temporary variance. Mr. Okum answered yes, for three years.
All members present voted aye, and the temporary variance was granted with seven affirmative votes.

IX. NEW BUSINESS

Mr. Weidlich asked for updated information concerning the property at 11503 Springfield Pike, American Mortgage, from the September Meeting. Randy Campion responded that Mr. Wolterman met with
Bill McErlane to modify the sign. He added that information concerning the sign is being forwarded to Ann McBride, City Planner.




X. DISCUSSION

Mr. Okum added that there was one other item regarding the recommended amendment to zoning code, regarding testimony and what we would consider. That was referred to Mrs. McNear on the 15th of August; if it hasn't been scheduled for a public hearing yet, the text may be at the Law Director’s office being finalized, and that is with the 13 point test but not mandatory yes, yes, yes on all items. The intent is that you apply all the criteria and you must apply all the criteria, according to the Law Director's office in your deliberations, but it is not necessary that it has to be part of your consideration.
Mr. Okum commented that the Law Director did finish the review.

Mr. Okum stated, the sheds and the garages with the correction to the 55% graph was completed and it was being sent out, by email, to all the Planning Commission members, but we did not have a Planning Commission meeting to do a final review on it. I would anticipate that going through very quickly, because it seems pretty fair based on what we drafted.
 
XI. ADJOURNMENT   

A motion was made to adjourn, and the Board of Zoning Appeals adjourned at 7:20 p.m.

Respectfully submitted

____________________, 2007 ___________________________
David Okum, Chairman
 
 
____________________, 2007 ___________________________
Jane Huber, Secretary