21 NOVEMBER 2000

7:00 P.M.

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

  4. Members Present: David Okum, Councilmen James Squires and Robert Wilson, Robert Weidlich, Robert Apke, Fred Borden and Jane Huber

    Others Present: Richard Lohbeck, Inspection Supervisor

  6. Mr. Squires said in the second paragraph under Reports about the 10th line down, the word "out" should be "our" tax money, and further down it says the City has not gone out of its way; the word not should be deleted. I think we should delete the last sentence there where it says "It is not in the Cityís best interests but we made an offer in good faith.

    In the 14th line, it says they would maintain their own identity with the property, save the tax money and perhaps invest in capital improvements FOR the property

    Mr. Wilson said on page 5, the third paragraph from the bottom "a lot of our residents have trailers and motor homes; that should be mobile homes.

    Mr. Okum said I donít see any difficulty with clarification, but the sentence on page 1, "It is not in the Cityís best interests Ömade the offer in good faith" something in that vein was said. Mr. Squires said the word not should be eliminated. Mr. Okum continued but you recommended that the entire sentence be stricken. Mr. Squires said letís strike the word not. By voice vote, all voted aye, and the Minutes were adopted with seven affirmative votes.

    1. Planning Commission Meeting Minutes 10 October 2000
    2. Zoning Bulletin Ė October 10, 2000
    3. Zoning Bulletin Ė October 25, 2000
    4. Springfield Pike Corridor Ė Critical Planning Areas Assessment
    5. Findings of the Board of Zoning Appeals
    6. 10/17 Letter to Jeanette Skirvin, 260 W. Kemper Variance 25-1999
    7. 10/17 Letter to Michael Murdock, 12172 GreencastleĖVariance 8 Ė1999
    8. 10/18 Letter to Marion Allman
    9. 10/18 Letter to John T. Klei
    1. Report on Council Activities Ė Jim Squires

Mr. Squires said there was nothing significant to report to this board.




21 NOVEMBER 2000


  1. REPORTS Ė continued
  2. B. Report on Planning Commission Ė David Okum

    Mr. Okum reported that Creative Kids World at 11285 Springfield Pike came before Planning concerning their Conditional Use Permit and compliance with it. The City Planner reported on sound readings that were taken from the property. They were not quite sure what those readings really meant and they were going to look into that. They also were going to meet with the user of the site and discuss the issues, so they will be back on the agenda at the next meeting.

    We had a map amendment preliminary plan approval for Mikeís Car Wash and Quickstop Oillube at 11980 East Kemper Road. That was referred to Council with a good number of conditions. We did not include any signage or the lighting.

    We also had a development plan for Steak n Shake at 11470 Princeton, which was approved with the elimination of a walk in cooler on the north side of the building.

    Map amendment for preliminary plan approval for proposed renovation of Springdale Plaza 459 East Kemper Road was approved with a number of comments. It will be a very welcome change; it will have parking fields with landscaping; it will have breaks in the fields to allow for trees. The building elevations have been totally redone; it will be a very positive site for the community and was referred to Council.

    We also had amendments to sign regulations; one was referred to Council and the other will be handled by Mr. McErlane with the law director before it is referred to Council.

    1. Revocation of Variance 8-1999 (continued for six months on April 18, 2000) to construct a 12í x 16í shed in rear yard Ė 12172 Greencastle Drive

Mr. Michael Murdock said I had one extension for the building of this shed, and I need another six months to get it done. The reason is I am the guardian of my aunt, and I have been busy with this. If I do not do it within this six months, I will not do it.

Mrs. Huber said if he is in this bind, and with winter coming on, shouldnít we table it until six months is up, and then he will have the summer to work on it. That way he would not have to come back.

Mr. Okum responded if we tabled it, he would be in violation of the variance that was approved six months ago, so we need to act on it. Mrs. Huber responded he could come back in as a new candidate in six months. Wouldnít that be feasible? Mr. Okum said he could.



21 NOVEMBER 2000



Mr. Murdock said if we did the six months, it would be up in May and would I have to go through the whole process? Mr. Murdock said if Iím going to have it up, Iíll have it up by May. Other than that, you wonít see me again. I might even be out of the community. If I donít have it up by then, Iíll call Betty or write a letter and tell you. Could we make it by June?

Mr. Wilson said if we were to give you an extension tonight, it would be until April 18th which from a construction standpoint would only give you the month of April to work. We canít arbitrarily extend it to June. If we were to deny the request, in six months you could come back and request it, and then you would have from April to October to do the work. If youíre here, maybe you would want to come back in April and request a variance. Itís your call.

Mr. Okum commented if we allow your variance to continue to April, by then you should have a better feeling of whether you are going to construct this barn or moving. That way you could come back in here in April. Mr. Murdock said that is probably better, because everything would cover over and we wonít have to start from square one. Letís do that and Iíll try to work on it and see if I can get it done by April 18th? Mr. Squires asked the applicant if the shed would be completed before he would move, and Mr. Murdock said that he would complete it before he sold the home.

Mr. Wilson moved to extend the variance to April 18, 2001 with the stipulation that if he moves prior to that time, the building would be completed. Mr. Squires seconded the motion.

Mr. Okum asked if anyone present wanted to speak on this issue. No one did and he closed the public hearing.

Voting aye were Mr. Wilson, Mr. Borden, Mr. Weidlich, Mr. Squires, Mr. Okum and Mrs. Huber. Mr. Apke voted no, and the variance was continued until April 18, 2001 by six affirmative votes.

B. Revocation of Variance 25-1999 to Construct a 224 Square Foot Pole Barn Ė 260 West Kemper Road

There was no representation and the item was moved to the end of the meeting.

C. S & J Properties, 492 West Sharon Road requests variance to allow them to subdivide existing property at 411 Grandin Avenue to create a single-family lot. Variances required from Section 153.144 A Single household dwellings..shall have a minimum lot area of 9,000 s.f. and a lot width of 75 feet; Section 153.144C Multi-household dwellings shall have a maximum density of ten(10) units per acre and a lot width of not less than 200 feet; Section 153.147A Single Household dwellings..shall have a minimum rear yard setback of 40 feet; and Section 153.504 Single Household..two (parking) spaces for each unit with two or more bedrooms Ė tabled 10/17/00


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Mr. John Klei of S & J Properties said we want to subdivide the lot. The reason why I wasnít here last month is because I wasnít informed of the meeting. I was waiting for the city planner to contact me and talk to me about the problems we might have. She was here last month, and I am willing to go ahead. Do we know where we stand?

Mr. Okum asked if he had any other evidence he wished to present and Mr. Klei indicated that he did not. Mr. Okum asked if he had been notified in writing of the meeting, and Mr. Klei said he was not. Mr. Okum said you were notified that the matter was tabled to the next meeting when you were here, and Mr. Klei answered I was here one meeting and I didnít know the next meeting had taken place until I got the letter that I had missed the meeting.

Mr. Okum opened the public hearing to the people in attendance. No one came forward, and he closed the public hearing.

Mr. Squires said for the record, you are aware that you have a number of legal but non-conforming issues (6), and you are asking us for additional variances. You want to split the multi-household lot to sell the property as a single family. Your research indicates that it would be easier to sell as a single family. Mr. Klei answered the realtorís research says this.

Mr. Wilson said we talked about your selling the single-family house separately. There was concern about cost and who would buy it with no garage and no specified parking space. Have you given any thought to modifying the single-family house to make it more sellable if we were to allow you to separate it?

Mr. Klei answered no, I definitely would not. The problem is that the cost of property in Springdale is so high that we have to get the price down. This would lower the price of the apartments by maybe $75,000. Mr. Wilson said you donít feel by adding amenities, even a carport would make it more appealing to a single home purchsaer? Mr. Klei responded as an investor, I donít feel like putting another dime into those pieces of property would get any return. Adding anything to cut up the lot more than it is now would be a detriment and an eyesore to the subdivision. I think it would be much nicer to have two cards parked on the street than have a driveway going up through the middle of the grass, of which there isnít a tremendous amount now. It would be like cutting the front yard in half with a twelve-foot sea of driveway.

Mr. Wilson suggesting using a private drive and have a concrete pad of carport, and Mr. Klei answered I would not do that. It would be very detrimental to the sale of the apartments. It is very tough to sell a piece of property with an easement going to the house. By doing that we would lose a parking space, and I can see tremendous troubles with that. Someone would park in the space anyway.





21 NOVEMBER 2000



Mr. Wilson said so you feel that by selling the property as is, but separating it, you would get a better price for the house. Mr. Klei answered I definitely think that $75,000 for a two bedroom 1 Ĺ bath house is a saleable piece of property in todayís market, even without a driveway or a parking space. I think the people living in it now could save themselves $200 a month by purchasing it. Right now it rents for $850, and on a $75,000 mortgage, I would be willing to bet that the mortgage payment would not be near $850; it would be more like $650.

Mr. Wilson said I have been to your property. Do you plan to do anything maintenance wise to the garages to make the property more appealing? Mr. Klei answered I didnít think there was anything I could do to make it more appealing, something like garage doors? Mr. Wilson said maybe cleaning up the debris. Mr. Lei answered Iíll bet there isnít even a branch on the ground on that piece of property. Where did you see something that needs repair? Mr. Wilson said I havenít been there in about a week, but when I thought way in the back was a problem. Mr. Klei answered that has been taken care of. That is someone who lived there and enclosed the garage. I might remove that and make three more carports, but there is no doubt in my mind that this is one of the better more appealing multi-family units in the city by far which commands the high rent that this community deserves, $575 to $600. We are definitely on the high end, and that is why they are hard to sell.

Mr. Weidlich said I notice your tenant has been in the house two or three weeks. Do they have a lease and will you have to honor that lease before you can put it on the market? Mr. Klei answered if they so insisted I would, but it could easily be worked out. I could probably leave them in there and try to sell it rented. I also would consider selling it to the people living in there.

Mr. Squires said this is difficult, because you are not asking for one variance, you are asking for six of them, and these variances are not of a general nature.

Mr. Borden said if we were to approve these variances and the property still doesnít sell, what next? Do you come back and ask that it go back to its original condition? Mr. Klei answered no, it would stay one family. It would not be advantageous to put them back together. Multi family and single family together is very unusual.

Mr. Okum said it is very difficult because you are asking for six variances on an existing site with legal non-conforming uses. On the other hand, if we were to allow the division, we would have a very small home without a driveway nestled between a multi-family development and an office building, which becomes an island in itself. I am not in a position that I want to create that island. I feel currently that single family house complements that development, and they currently and for 17 years have been one development. I canít see evidence that supports subdividing it.



21 NOVEMBER 2000



Mr. Klei said maybe that is why we sent it back to the City Planner. Maybe you are right and maybe we should entertain the idea of zoning it non-conforming, O Office. Then it would be contiguous, office office multi-family single-family, which is exactly what we want.

Mr. Okum said you were involved with the Route 4 Corridor Review District when you were on Planning, and you have good knowledge of good planning and how properties tie together and how you phase them between residential and business, so you could answer that as well as other people who have served on Planning Commission.

Mr. Apke asked what he originally listed that site for? Mr. Klei answered $650,000 and it is now $575,000. Mr. Apke wondered about the number of inquiries they had in the three years? Mr. Klei answered we have tried to market it for 1 Ĺ years, but over the last three years we have had maybe 100 inquiries. Mr. Apke asked how many were legitimate and Mr. Klei answered maybe five.

Mr. Apke said I have seen the property from the outside. Could you describe the layout of the single-family house? Mr. Klei answered you walk into a major hardwood floor living room which has a fireplace. To the right is a major eat in kitchen and to the back, somebody changed it from a three bedroom to a two-bedroom house. The basement is much nicer than the upstairs, with a half bath. It is not finished, but it is really super large, about 1200 s.f. of basement.

Mr. Okum asked if anyone present wished to speak to this issue. No one came forward, and he closed the public hearing.

Mr. Klei said I have owned these for 17 years, and for all that time I thought they were on two separate pieces of property. We get one tax bill for the two apartments, and one tax bill for the house. I donít understand this.

Addressing the applicant, Mr. Squires said to be fair with you, there are several issues I have with this. The lot width of the single household is only going to be 50 feet, and we require 75 feet. Lot size would only be 7500 square feet and we require 9,000. The lot width for the multi family would only be 57 feet and we now require 200 feet, so there are significant issues here. I would be more than happy to make a motion that the board consider this, but I canít vote for it.

Mr. Klei responded you realize that everything you are saying is very true of Springdale today, but letís talk about the houses behind the multi-family apartments. Are those lots 75? Are those lots 9,000 s.f.? I donít think so. You are talking about today and we are in a neighborhood that was built in the 1960ís. You are definitely right, but that is not what is there today in the existing neighborhood. We have to go along with the subdivision and what it will maintain and bring.



21 NOVEMBER 2000



Mr. Klei added I am not privy to the six problems. Mr. Okum reported they were stated in the description of the request for variance on the agenda. He read it again for Mr. Klei.

Mr. Apke said I would echo Mr. Squires comments. Out of all these variances, the big problem I have is the no off street parking, and the fact that you steadfastly said you would not want to build a driveway or any kind of off street parking. That is the sticking point for me. I can understand your desire to split the parcel and all the other things you want to do, but without that I donít think I can vote for this request.

Mr. Squires moved to deny this request for variances and Mr. Wilson seconded the motion. Voting aye were Mr. .Squires, Mr. Wilson, Mr. Borden, Mr. Apke, Mr. Weidlich and Mr. Okum. Mrs. Huber voted no, and the variance was denied with six affirmative and one negative vote.

D. Marion K. Allman, Art Institute of Cincinnati, 1171 East Kemper Road requests variance to allow the installation of permanent banners on the front of the building. Said variance is requested from Section 153.523(1) "Pennants, streamers & flags..are prohibited.." Tabled 10/17/00

Ms. Allman, President of the Art Institute of Cincinnati said we moved into the area from East Walnut Hills, where we had the flags on the building. There are six small flags, and they represent the designing school and the sophistication of our design. They symbolize what our philosophy and our image is. We are a part of the International Council of Design Schools which is 16 schools throughout the world (Eight in the United States). We are the only school in the State of Ohio that was asked to belong to this prestigious organization. The flags are small, only 2 Ĺ x 3 feet and are between the windows between the first and second floor, three on each side. We set back from the road about 500 feet.

Mr. Okum asked if anyone present wished to speak on this issue. No one came forward, and he closed the public hearing.

Mr. Wilson said I drove by your facility several times. Have you given any thought to redesigning the existing sign you have to incorporate those flags there? Ms. Allman responded yes, but because of the size, we wouldnít have any lettering on the sign. They are graphic designs. One symbolizes vision, the other creativity and the third represents the ideas that we contribute to the community. It would be difficult to put them on the sign.

Mr. Wilson commented my looking at these flags and not knowing what they meant, it wouldnít matter whether they were up there or not. Ms. Allman said that is true, but to our students it means a lot. Mr. Wilson responded so what you are doing is proposing these for the benefit of your students who come in and already know why they are there. Ms. Allman answered it is a matter of prestige and something you work for for 25 years. It is a confidence builder, not only to ourselves but to our graduates. They know they came from a school that had that quality to it.


21 NOVEMBER 2000



Mr. Wilson said if you had those same flags inside, as the students walked the hallways wouldnít it have the same or better effect? Ms. Allman answered no, on the inside is all their work. As you approach the school, you see these. It also is good for prospective students. It sets an image for us.

Mr. Okum said if these flags werenít on your building, what would be the consequence? Ms. Allman answered I think it deteriorates our image. It takes away a bit of what we have worked for for 25 years. They are vinyl and designed by one of our students in an international competition; his design won.

Mr. Okum commented I find that I tend to ignore things that are in front of me all the time. I would not personally have any problem with something coming up periodically to reinforces, to accent my awareness of something different, but I donít know how many times IL have driven by something that is up permanently and I donít pay any attention to it. One of the board members suggested your incorporating this type of information into that sign on Kemper Road or changing this into that signage once every couple of months and incorporating it into the sign face.

Ms. Allman responded that would be impossible to do because one of the things we look for is simplicity. I donít want a clutter on the front lawn; I want a simple sign that shows dignity and a good image.

Mr. Okum said I was thinking one of these to the left or right of your organizationís business name. Ms. Allman responded that would be more obtrusive than what I am requesting. Mr. Okum said you are asking to have six banners up 365 days a year. Although this may be art to you, it may not be to someone else, and there are other businesses that would want to do the same thing artistically.

Ms. Allman answered I think you have to realize too that we are very low key as far as signature is concerned on a building. What we are proposing is something that is very elegant and dignified. It wouldnít be obtrusive to anybody. As far as seeing it day after day, that is what we ant. Part of advertising is repeat, repeat, and repeat.

Mr. Squires commented I drove by Delhi Flower and Garden Center, and they did display several banners, like Ms. Allman wants to display on their building.

Addressing the applicant, Mr. Wilson said I want you to understand our dilemma. What you are proposing would set a precedent. Ms. Allman said if Delhi has flags, how do they comply? Mr. Wilson responded if they are not in compliance, we will be on it tomorrow.

Ms. Allman added I would like to mention that we are an educational institution. We are very selective about who we recruit and we are selective about the quality. Being an educational institution does separate us from other businesses.



21 NOVEMBER 2000



Mr. Wilson responded in a broad sense, it is still a business, even though there is that niche that you fall into that might or might not give you more consideration because you are an educational institution. Ms. Allman said I guess I will appeal to you for consideration on those grounds.

Mr. Apke commented one of the first things we need to determine as a zoning board is hardship in order for us to approve a variance. I am having a little trouble seeing where the hardship would be if your flags were not out there. Are there students who would be less inclined to enroll because these banners werenít placed outsides?

Ms. Allman answered that is hard to say. I would be more inclined to say the flags would add to our prestige and more would sign up. Walking up to the door anyone with design capabilities would be very much impressed with how we got them and why we have them. That is part of the image thing with advertising and graphic design; that is what we are.

Mr. Apke wondered if there would be an alternative place for the flags. Could you create almost like a trophy case? What about the front hall as you walk in with these hanging down like pennants? Ms. Allman answered there is no room to put them inside. We have a library where you first come in that is filled from ceiling to floor.

Addressing the applicant, Mr. Wilson commented I donít feel comfortable with putting the flags up. I feel if I was the president and I felt it was that important I would find room in the hallways or someplace else to put them, so that they could be seen and wouldnít be weather beaten. If we have to make a motion, it would be a motion to deny your request, and I will so make that motion. Mr. Borden seconded the motion.

Addressing the applicant, Mr. Squires asked if she would be willing to consider postponing this and giving me a chance to find out what is going on with Delhi. Ms. Allman answered yes.

Mr. Wilson said in view of that, I will retract my motion at this time and move tot able this to allow Mr. Squires to investigate and allow our Building Department time to see if there are any other irregularities in the city and get them corrected. Mr. Borden withdrew his second. Ms. Allman invited everyone to come out and see the building.

By voice vote, all voted aye, and the item was tabled to the December meeting. Mr. Okum told the applicant that she would be on the agenda on December 19th at 7:00 p.m.

David L. Jones, 795 Tivoli Lane requests variance to allow him to renew Variance T-7-1996, which allows him to park his camping trailer on a concrete pad adjacent to his driveway for three months each year, from May 1st to September 30th. Said variance is requested from Section 480(D)(1) ". may be stored..not closer than 5 feet to the nearest lot line or any right of way line."


21 NOVEMBER 2000



Mr. Jones said my request is for five months, from May 1st to September 30th, and I would like to extend that to October 15th. Mr. Okum said we had given you an opportunity to do something that was requested from the previous variance. Mr. Jones stated that he had planted five bushes adjacent to his driveway.

Mr. Okum asked if anyone in the audience wilshed to address this issue and no one came forward and he closed the public hearing.

Mr. Squires said because Mr. Jones had the bushes planted at our request, I move to grant the variance for a period of May 1st through October 15th for a period of three years. Mrs. Huber seconded the motion. Voting aye were Mr. Squires, Mrs. Huber, Mr. Borden, Mr. Apke, Mr. Weidlich, Mr. Wilson and Chairman Okum. Variance granted with seven affirmative votes.

Mr. Wilson asked how high and wide those bushes will grow. Mr. Jones answered they are like a forsythia, so they keep growing. Right now they are trimmed off even and we will maintain them.

Board of Zoning Appeals took a recess at 8:35 p.m. and reconvened at 8:42 p.m.

    1. Ampac Plastics, Inc., 12025 Tricon Road requests approval of a wall sign in addition to their existing ground sign. Said variance is requested from Section 153.532 (A)(3)(a) "One permanent identification sign is permitted for each general industrial unit."

Ken Turner said I work for Ampac Plastics and we are asking for a lighted sign that would be installed on the wall. We are experiencing some pretty good growth, and we want to renovate the front of the building, which has not been changed since it was built in the 1960ís. This will be a lighted sign; the yard sign is not lighted, and is something that would represent our company image and be visible at night. He showed a computer-generated representation of the sign.

Mr. Okuma asked if anyone in the audience wished to speak. No one did and the public hearing was closed.

Mr. Wilson said your current sign is a beautiful one, and I question the necessity of having two signs that close together. The building itself is so close to the edge of the street, a sign this size (approximately 89 S.F.) would be adequate. I would rather have one sign or the other. You indicated in your request that you are planning to renovate the front building and need a second sign.

You indicated the strict compliance would compromise the design of the building entrance. I donít think it would. Mr. Turner responded in some respects I agree with you. The two signs are somewhat conflicting during the daylight, but at night you wouldnít see the unlighted sign, and we would have no identification of the building at all at night without a lighted sign.


21 NOVEMBER 2000



Mr. Wilson said I think you could request that we allow you to have lighting on the existing sign or you could take down the existing sign and put your other sign up. I wonder how much signage you are allowed. Mr. Lohbeck reported it is based on the frontage of the building. Mr. Turner said it is 723 feet, and there is a second frontage attached to the second building and we extend the back of the building to Centron Place.

Mr. Okum asked Mr. Lohbeck the approximate signage allowed. Mr. Lohbeck responded that 109 s.f. is allowed, and they are requesting 122.74 s.f. In the General Industrial Zoning, the code states "shall not exceed 1 Ĺ square feet for each lineal foot." Mr. Okum said staff states that the total area proposed is 102.4 s.f. so we are off on our calculations. If there are two signs proposed on the site that exceed the 109 s.f. allowed, then there would be two variances needed. Mr. Lohbeck read from the code, "The maximum area of any permanent identification sign shall not exceed 125 s.f."

Mrs. Huber said this report from the Building Department says that the total signage proposed is 102.4 s.f. Mr. Okum said my point is that this number might be in error, since simple math shows us that it is 122.74 s.f.?

Mr. Squires said so if we grant a variance, it would be for two signs on the site and also for exceeding the allowable signage.

Mr. Wilson said I donít want to move that we allow you to have one sign that is this sign when the square footage is out of alignment. Then you can best decide what is in the best interests of your company, whether it would be to request lighting for your existing sign or to remove that sign and put a lighted wall sign up.

Mr. Squires said I see on the drawing that the proposed sign is on Building A and the existing sign is on Tricon Road but on the proposed addition you do not have any signage at all. Why? Mr. Turner answered this is a shipping area; no customers or clients would come to that facility.

Mr. Weidlich said I also was wondering why you wanted a second sign so close to the current sign. As I drove around, I noticed that the neilghboring businesses only have one or the other type sign on their property. I didnít see any that have two. I like the appearance of the sign for the building. Mr. Turner said as it exists right now, at night you wouldnít be able to see it at all. That is one of the biggest reasons I can see for the sign, other than the fact that this is what the owners agreed on.

Mr. Squires said if you ere to make a choice, would you rather have the proposed lighted sign or the existing sign. Mr. Turner said I canít answer that because I wouldnít have the final say so, but I would probably say that it would make more sense to light the yard sign rather than install a completely new one.




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Mr. Apke said on the drawing it talks about the lighting; how intense is the lighting? Mr. Turner answered it says illuminated letters Ö. off cabinet white neon halo illumination. The halo would make me tend to believe that it is somewhat of a soft subdued light, but I canít determine wattage.

Mr. Wilson said hopefully you will understand that before we could vote affirmatively on this, we would have to know the illumination. There is no street lighting, so it could be seen for miles in the dark. Mr. Turner said he would get that answer, and was directed to express it in foot-candles. .

Mr. Wilson said I donít want to set a precedent by not including the number of foot-candles that are allowed, but we have all these issues to be addressed.

Mr. Okum said we could defer the review of the sign request to our city planner for lighting illumination.

Mr. Wilson said do you think the owners would consider illuminating the existing sign, or eliminating it and having the lighted wall sign? Mr. Turner responded I really canít tell you that. If there is any limitation on wattage that you could come up with, Iím certain we can comply with that.

Mr. Okum said that was my recommendation to send it to the city planner to review and keep it consistent. Mr. Turner said they are going to do a lot of work on the front of the building; it is not just the sign, but itís not something I would like to put off for a long period of time either.

Mr. Okum said this sign has to be ordered, and signs like this take weeks to make, so I would think you would be ordering it no matter what for the building.

Mr. Squires wondered if they had ordered the sign. Mr. Turner said I believe we were waiting for your okay to do that. Mr. Squires continued on your application answering the question about alternatives, you said there were not. Yet we are talking about alternatives this evening, that being lighting the sign that you have.. Mr. Turner responded obviously that is something I wasnít considering. There is some expense to be considered. If you light the yard sign, you would have to tear up the asphalt. There was an existing sign on the spot that we are talking about for the wall sign that said Amco Plastics. That was removed and we planned on putting this on the wall, and then all we would have to do is run the electric wire.

Mr. Squires when asked about an undue hardship, you answered that it would be, "because it would compromise the design of the building entrance". Can you expand on that? Mr. Turner responded only the fact that it is the sign the owners want. I wouldnít say that it would put us out of business or anything, but it is something that could enhance our business by making the building look better.


21 NOVEMBER 2000



Mr. Okum said Mr. Lohbeck indicated that there was a slight error in the calculations on the number of square footage permitted on this site. This site is limited to 125 square feet. They are at 122.74 so it comes in under the code requirement. We now have one issue, the issue of two signs.

Mr. Okum reported the applicant has indicated that he cannot make adjustments because he is a representative of the company and is presenting the request.

Addressing the applicant, Mr. Wilson said personally I do not feel comfortable with the two signs, and I would be making a negative motion. Before I do that I would like to give you the opportunity to go back to the owners and see if they would consider one lighted sign or one sign and give us feedback as to the level of illumination.

Mr. Turner said you are saying if the variance would be denied it would be six months before I could bring it back up, and by tabling it we would discuss it next month. So weíre probably better off tabling it. Mr. Okum said so the applicant is requesting that it be tabled to December. By voice vote, all voted aye, and this was tabled to December 19th.

B. Edward Adkins, 844 Cedarhill Drive requests approval of a covered storage unit at the side of the house. Said variance is requested from Section 153.492(B) "No detached accessory building or structure shall be erected in any yard or court except a rear yard.." "..shall not exceed 120 square feet in area" and Section 3492(D) "..shall be at least five (5) feet from the side and rear lot linesÖ"

Mrs. Miriam Adkins said I just got this today and tried to measure in the cold and the dark. Mr. Okum said this is a letter from the city dated November 16th . "Please draw on the attached site plan the location of the accessory structure. Also indicate the height width and length of the structure, and distance from the property line. This information is necessary to consider your variance request. Please bring to the meeting on Tuesday night."

Mrs. Adkins said I didnít know where to draw that on there. Mr. Okum asked the measurements. There was an estimated size that was presented to us. Mrs. Adkins noted the dimensions on the site plan. Mr. Okum reported that she indicated that the unit is 12í x 15í (15 towards the rear of the house and 12 towards the left of the house) and eight feet high.

Mrs. Adkins said I would like a variance to keep the structure in that area. It is much more presentable there than putting it in the back yard as they suggested. The residents around the park feel that would be rather unsightly in the back yard. It doesnít look bad where it is; it has the fence in front of it. I would like to put my car in the garage. I would like to take the lawn tractor and a wagon and some other things out of the garage and store some other things in there while I redo that room. I canít put it in the back yard either for insurance reasons. It is blocked from the wind where it is. If it were in the back yard, if it gets really stormy, it may blow that over into another yard.


21 NOVEMBER 2000



Mr. Okum asked if anyone in the audience would like to address the board.

Nancy Blanton, 848 Cedarhill Drive said I am her neighbor. My house faces to the west of them. I have lived in Springdale 25 years and have lived in Beacon Hills 11 years. This monstrosity Iíll call it is huge; it is about twice the size of a garage and it is higher than eight feet. As I look out my daughterís window, I can see the top of it from my second story home. It is green canvas and looks like a tent. I find it very offensive. I am planning on selling my house next year and I do believe that would have a very detrimental effect on my resale value. This is just way out of code and is abutted right beside the house. There is no reason for this huge monstrosity, and I request that it be taken down. It would be an eyesore in any location; it is just way too big.

No one else approached the board, and Mr. Okum closed the public hearing.

Mr. Squires said in the report we got from the Building Department, they estimated the structure at 12í x 24í and 10í high, and I have to agree that it is about 10 feet high. You say it is about 12 x 15 x eight feet high. Mrs. Adkins responded I just got that notice at 6:30 tonight so I tried to measure it in the dark.

Mr. Squires commented to say the least it is rather unusual as an accessory building. It may be irrelevant, but what do you have stored in there? Mrs. Adkins responded a lawn tractor, a trailer hitch and other garden tools. I wanted to put some things in there from out of our room so I could redo it. I donít think it looks that terrible. Springdale did say in their letter that I could put that in the back yard. If I put that right in the middle of the back yard, I have talked with all the residents around the park and they feel that wouldnít look so good.

Mr. Squires said on your application, number 4 asks if there are alternatives, and you answered no. You did not consider another type of structure before you put this one up? Mrs. Adkins answered no. My husband got it and put it up for me.

Mr. Squires commented you have at least 180 square feet there, and 120 feet is the maximum allowed. On the question as to whether the granting of the variance would be detrimental to adjacent property, you answered no but there is nothing to explain your answer.

Mrs. Adkins answered I donít think it is detrimental; you drove by Ė do you think it looks that bad? It has a fence up there. Mr. Squires commented it is an unusual accessory building; I donít think there is anything in Springdale like it.

Mr. Borden asked Mrs. Adkins is this was a temporary structure. Mrs. Adkins answered no, well actually Iím not sure. Mr. Borden wondered if it were something that could easily be taken down and moved, and Mr. Adkins responded it could be done, but it would be a lot of hard work.


21 NOVEMBER 2000



Mr. Borden wondered if the problem was that the structure is covered; what if it wasnít covered? Mr. Okum said then it wouldnít be a structure. Mrs. Adkins commented it looks better the way it is.

Mr. Borden asked Mrs. Adkins is this was a temporary structure. Mrs. Adkins answered no, well actually Iím not sure. Mr. Borden wondered if it were something that could easily be taken down and moved, and Mr. Adkins responded it could be done, but it would be a lot of hard work

Mrs. Huber said Mrs. Adkins mentioned something about the insurance and this building being in the back yard. I would think her insurance company would really raise the rates with this very flammable edifice in her side yard. Mrs. Adkins said I donít think it is flammable.

Mr. Wilson said this type of material implies temporary; something that is mobile. You indicated you werenít sure if it would be temporary or permanent, which leads me to believe it will be up there as long as you want it. I have a concern about something this size being in the side yard. I have a concern about 288 feet being in the back yard. People would see it all around, because there is a playing field there. I agree with your neighbor that it is kind of unsightly.

The fact that it is green does not camouflage it enough to be non-obtrusive. Mrs. Adkins asked if khaki would be better. Mr. Wilson said no, I donít think something temporary of this size should be on your property. That is my point. For the items you are talking about putting in it, I donít think you need anything this big. It goes beyond the side of your house; itís just too big.

Mrs. Adkins asked what he would suggest, a wood structure? Mr. Wilson responded if I were you and I needed the additional storage area, I would opt for a tool shed 10í x 12í with the required setbacks in your back yard.

Mrs. Adkins said I wanted to say that the letter from Springdale did say I could put it in my back yard. Mr. Wilson responded but you still would have to comply with the 120 s.f. minimum, and this is 288 s.f. Mrs. Adkins responded it didnít say that; it just said I could put it in my back yard as long as I was five feet from my house.

Mr. Okum said for the record, I am looking at correspondence from the City and the applicant regarding what the applicant has just stated. This letter is dated November 15, 2000, to Edward and Miriam Adkins, 844 Cedarhill Drive.










21 NOVEMBER 2000



"Dear Mr. and Mrs. Adkins:

This is to inform you that the owner of the property at 844 Cedarhill Drive has applied for a variance to allow a covered storage unit to be located at the side of the house. The variance is requested from Section 153.492(B) which only allows for such units to be in the rear yard. The public hearing will be held on November 21, 2000 at 7:00 PM in the Springdale City Council chambers at 11700 Springfield Pike. A portion of the public hearing will be open for public comment, should you wish to attend and voices your opinion."

Addressing the applicant, Mr. Okum asked if this were similar to what you heard? Mrs. Adkins responded that this was what she heard, and Mr. Okum stated that this was sent to everyone as a notice of the public hearing. It does say "allow such units" to be in the rear yard; it does not state it would allow this unit in this letter.

Did you receive anything different from the City that said this unit or your unit can be located in the rear yard? Mrs. Adkins answered I donít know; it said such units; what would you mean? Mr. Okum continued there are limitations in the code that say 120 s.f. maximum. Mrs. Adkins responded it didnít say that.

Addressing the applicant, Mr. Apke asked what she had in her garage; those are two car garages and pretty big ones on that street. Mrs. Adkins answered all kinds of stuff. I have one old car and all kinds of stuff that has been collected over the years, a trailer that you put on the back of a car. We have lived there for 30 years. Can I stack all that in the side yard? Mr. Apke asked about her basement, and Mrs. Adkins answered no, it is full too. Mr. Apke commented I was trying to get an idea as to how urgent your need for the space was. Mrs. Adkins said I wouldnít have put it there if I didnít need it; I didnít put it up there to aggravate somebody. Mr. Apke suggested selling some of it or using one of the rental storage lockers, and Mrs. Adkins answered that is $100 a month. Besides that, you canít use it if it is down in a storage place somewhere. Mr. Apke said so you use these items, and Mrs. Adkins answered my husband might.

Addressing the applicant, Mr. Squires said the letter read to you was sent to everybody within 200 feet of your property. .That is why the lady from 848 Cedarhill is here.

Going back to the application, and the question on alternatives to the variance request, you responded no, and I have a difference with you on that. There are alternatives to it. A storage shed could be in the rear of your yard and within the Zoning Code requirements. When you answered if the granting of the variance would be detrimental to the adjacent property, we had one neighbor here this evening that said it is. I have a problem with that; it looks like a tent and I feel we could get together and do something better than this that would serve your needs and meet the aesthetic needs of others surrounding you.




21 NOVEMBER 2000



Mrs. Adkins responded how do I handle that if I see something that I think is unsightly. Mr. Squires responded that is why we have a Board of Zoning Appeals. Somebody has to have the last word. Mrs. Adkins responded I mean what is the procedure. Mr. Okum responded the procedure is that the code allows for everyone evenly and equally throughout the community to have 120 s.f. of storage outbuilding on their lot. They have an opportunity to apply for a variance to increase that size some with at times conditions that are set by this board. They do have the opportunity to present their case before this board. The decision made here is final. You have the option of appealing if you decide to do that, but at the Cityís level, this is a final decision. Your request is to have this building on your site, and it is this boardís decision to act either granting or denying the variance. Do you have any other evidence to present to the board?

Mrs. Adkins answered no, I just donít think it is that unsightly.

Mr. Squires commented the unsightliness may be just one part of it; it greatly exceeds the code in terms of square feet. The maximum is 120 s.f. and you are looking at 288 s.f. That is a considerable difference.

Mr. Squires moved to deny the variance and Mr. Apke seconded the motion. Voting aye were Mr. Squires, Mr. Apke, Mr. Borden, Mr. Weidlich, Mr. Wilson, Mr. Okum and Mrs. Huber, and the variance was denied with seven affirmative votes.

Addressing the applicant, Mr. Okum said this board has denied your request. That means there is no relief in your leaving that unit there.

C. Alan Burton, 887 Ledro Street requests approval of placement of a shed 4 feet from his property line. Said variance is requested from Section 153.492(D) "..shall be at least five (5) feet from the side and rear lot linesÖ"

Mr. Burton said my wife and I bought this house at the end of

March. I am a first-time homeowner; and I am unfamiliar with a lot

of laws and I am learning as I go. We needed a barn, and the

thought never crossed my mind about a permit. I had the barn

erected and the company put it four feet from the side property line;

it is five feet from the back property line. The unit went up and the

City came by and informed me of the need for a permit. We came

to the City to file for a permit. The barn was inspected and passed,

but it was placed one foot to close to the property line.

I contacted Quality Barn who had erected the barn for me, and they wanted $300 to move the barn one-foot and do it right. He said it was taking a chance of messing up the structure if they didnít do it right.. My wife and I are managers of convenience stores and we brought debts to the marriage and $300 is a lot of money to us




21 NOVEMBER 2000



Mr. Burton added shortly after we moved into our home, they put

new curbs and pavement down my street and in the process of that, my driveway apron didnít meet what was needed, so that cost me $500 to have that fixed. I have had several unexpected expenses since we moved in. We also have had plumbing problems, which destroyed my kitchen. What I am saying is we have had a lot of unexpected expenses, and that is why I am filing for the variance.

I spoke with all my neighbors before I filed. The neighbor that this affects the most offered to give me one foot of his property. I have talked to them personally and none of them had any objections. I am not trying to go against the zoning or the law; I am learning as I go.

Mr. Okum asked if anyone in the audiences would like to address this issue. No one came forward and he closed the public hearing.

Mr. Apke asked Mr. Burton to describe his back yard, flat or hilly. Mr. Burton said my back yard is flat and fenced in with a chain link fence.

Mr. Squires said you said the brochure indicated that you were responsible for the permit. Mr. Burton said I plead ignorance on that; I lived in the country all my life and I never gave it a thought..

Addressing Mr. Lohbeck, Mr. Squires asked if contractors werenít liable for getting the contracts. Mr. Lohbeck indicated that the homeowners are ultimately responsible.

Mr. Wilson said when I drove by, I noticed to the north your neighbor at 893 and the one up have similar type storage units. When you were contemplating the size of the barn, did you ask your neighbors about distance between property lines or did you try to put your barn parallel to theirs? Was it in line with the others or further back or further up?

Mr. Burton answered I honestly did not consider where my neighbors barns were and where I wanted my barn. I had spoken with my next door neighbor to the left. He has been very good to me, and I looked at his barn, but we never talked about the zoning or what we needed. I had commented to my wife about their having their barn in the middle of the yard, but we also noticed that there were many homes in the neighborhood that had sheds right on the fence. I never considered that there was a problem. I just wanted enough room to mow around the shed. That was my concern when I talked to the contractor, and they recommended five feet. They ended up putting it four feet from the property line. A lot of homes in the subdivision have sheds right on the fence, and the inspector told me that those had been grandfathered in after the new code went into effect.

Mr. Okum said considering that the applicant has expressed the issue of damage that would be caused by moving the unit, I would be inclined to grant the variance.



21 NOVEMBER 2000



Mr. Borden moved to grant the variance as requested and Mr. Squires seconded the motion. Voting aye were Mr. Borden, Mr. Squires, Mr. Apke, Mr. Weidlich, Mr. Wilson, Mr. Okum and Mrs. Huber. Variance was granted with seven affirmative votes.

    1. Springdale Ice Cream and Beverage, 11801 Chesterdale Road requests approval of posting of a "Now Hiring" sign. Said variance is requested from Section 153.533(D) " no event shall exceed two consecutive weeksÖ"

Andrea Furlotte, Human Resources Manager of Springdale Ices

Cream and Beverage reported that they are looking at a 5í x 20í

"Now Hiring" sign that we would like to place on the building facing

I-275. Part of the reason we are bringing this forward is because

we have done several tactics to hire. We employ approximately

100 production employees, 145 total including maintenance,

management and office staff. Our toughest area of hiring is

production, and fully staffed we would be at 109 employees. We

are 22 short now, so we are getting close to about ľ of our plant

missing, which can be very detrimental to us. If we donít have

people there, we have to shut down a line and we canít run our


We have placed ads in the paper, we have placed ads in the job

news, weíve even done job fairs. We held one at Radisson where

we spent all day, come in and get an interview right away. We

had a total of eight applicants all day. We did another one in

another area of the city and had four applicants.

We have gone through several different methods of hiring,

and it seems that the "Now Hiring" sign is the best method. If you

look through the want ads in the paper, there are 100 ads, and you

can drive down the street anywhere and see "Now Hiring" signs

and not have to fool with the paper.

We also have done temp services and tried to get employees in

that way. We have had a small Now Hiring sign facing Chesterdale

Road, and in the past we have gone through the two week limit,

take it down for 30 days and reapply, and you are only allowed to

do that four times a year. That doesnít put the sign out there that

often during the year. We had it down recently, and we went from

an average of 5-10 applicants a week down to two. That doesnít

give me much to hire from when I need 20 applicants.

The sign is 5í x 20í The only change we are looking to make from what is in the proposal is to add a phone number. We are looking at it facing 275 because there is a lot of traffic through there so it is more visible than it would be on Chesterdale.

Mr. Okum asked what they wanted the sign to say, and Ms. Perraud answered we do have a sign already made, and all it says is "Now Hiring". We want to put Springdale Ice Cream and Beverage, Kroger Manufacturing and the phone number. It should not make the sign any larger.



21 NOVEMBER 2000



Mr. Squires wondered how long they wanted the sign to be up. Ms. Perraud answered from what I understand there can be a 30-day or longer variance where we keep it up for a longer period of time than the two weeks. I donít know what my options are. I would love to keep it up as long as I possibly can. If I had my wish, it would stay up all the time.

Mr. Okum asked if this sign were different from the one you used before. Ms. Furlotte answered the one we have in front of our building is smaller than a for sale sign you put in a front yard. It looks just like that it is red with white letters saying now hiring that we put in front of our Springdale sign. We have had that in the past. We put in a request to the city to add an addition to our permanent sign, which says Springdale Ices Cream and Beverage. There will be an addition placed on top of that sign so we can put lettering in there saying "Now Hiring""and I can keep that up all year round because it is a permanent part of the sign. The red sign is going away.

Mr. Okum commented a 5í x 20í sign is pretty significant, and it would be on the interstate that everybody sees as they drive by. Your business is like any other business in that everybody is doing their best to get the best people they can get, and right now it is difficult to get people. The fact that you put a sign up that says now hiring doesnít mean the people will want to go to your plant.

Ms. Furlotte answered I disagree with that because those times that we have been required to take down that small sign, we have no applicants in because people thought we stopped hiring. The individual who hires for me e-mailed me stating he took the sign down and within a week, the applications dropped from 10 or more down to two. That is telling me that the sign does make a difference. My opinion is you go down Kemper Road and there are signs all over the place. We are getting a Costco on the corner, so there is no incentive for people to turn down our street to come to that area. That is why we want it to face I-275. I have tried several other areas, and I have almost ľ of my plant missing, which will cause a lot of problems really soon. Supervisors are coming to me saying we are now having to shut down for breaks and lunches. Supervisors are saying they have to fill in and be a syrup maker or a lead person or releave for breaks. On the other hand, I am a union facility and I have grievances coming back at me stating I have management doing union work. Iím going in a full circle, and I have to do whatever it takes to get the individuals in the plant and get them hired.

Mr. Furlotte said our main concern is our production group; management and office personnel usually donít go to a business with a Now Hiring sign Ė they go through the paper or the Internet. But my production crew is where I am lacking the most.






21 NOVEMBER 2000



Ms. Furlotte added we started a sign up sheet at the guard shack Ė when someone comes to fill out an application, we ask how they heard we were hiring. Very rarely do they say the Cincinnati Enquirer. It is usually the banner, the sign in the front yard or this new job newspaper that we are using.

Mr. Okum asked if they had an employee incentive to bring in people. Ms. Furlotte answered we have it. We have a mentor program that pays them $100 after 90 days, then another $100 in stock after six months, and another $100 in stock after a year, so a total of $250 to $300 that goes to the employee and to the individual in the plant that is mentoring them. I have an incentive program in which if you refer someone that pays over a period of time the same way, which totals out $175-$200.

Mr. Apke said you said right now you need 22 people. Ms. Furlotte answered if you can give me 22 people that can pass the background physical, drug screen and will come to work on time every day, Iíll hire them right now. Mr. Apke asked how many people she needed to interview to get 22. Ms. Furlotte answered we bring in 10 at a time, and on average I have all but two individuals fail the background check or the physical or the drug screen. Of those two, if a miracle occurs, I have one that makes it through a 90-day period. The main reason is we are running a six-day operation and with some contract restrictions, our employees are working six days a week, and because we are short handed there is no relief for them. I am in a vicious cycle that I am trying to get out of.

Mr. Apke responded so you are telling me that 10-20% would meet the requirements, so if you need 22 people, you would need 220 people come through your door. Ms. Furlotte answered yes, we have hired 51 people this year and terminated 53. And that doesnít include what we lost last year; we are not even ahead from where we were last year.

Mr. Apke asked if the plant had any plans for expansion or further needs in the near future? Ms. Furlotte answered it depends on what happens. Kroger is looking at it and is saying if we canít do what we need to do down the road, they might have to look to go elsewhere. They are in the business of making money. Our ice cream line has a good potential, but that can be made at any of our plants. Our beverage line was placed in to help fill in two other beverage plants that we have, one in Texas and one in Bluefield, Virginia, to get them through their busy season. We now no longer can report the plant, and our sales department is saying I have people coming with business and I am having to turn them away because we canít get the people in there to get it running. We are planning on spending close to a million dollars next year on that beverage line to make it run more efficiently. We are looking at growing that line, but we canít grow it unless we have the people there.






21 NOVEMBER 2000



Mr. Apke asked if there were any seasonal fluctuations in the employment needs. Ms. Furlotte answered that in the ice cream department, yes. Actually when I was hired, they told me the beverage department was seasonal and we were running six days a week seasonal. From what I understand in the last year and a half there has been only a total combination of three months that they have run less than six days a week. So, they donít have a seasonal any more in the beverage department. We do slow down a couple of months on our ice cream line. There are maybe four or five people in the ice cream line that will help with the beverage.

Mr. Apke said my question would be to ask for your help. You have convinced this board member of the need for this variance, but we are not going to let you hang that sign out forever. What kind of reasonable time period would you like to have?

Ms. Furlotte answered as long as you are willing to give me. I know you are not looking at a year; do I think two to three months would make a significant dent considering the number of people I go through to get two people who might not last 90 days. Also we are working on other measures that would help us with the hiring, like raising the rates. You can go to McDonaldís and make close to or more than we are making now, but because we are locked in a contract, we canít just raise the rates. That would help us, and if that issue gets resolved in the next month or so, the combination might get us where we need to go. But since that issue is still hanging out there, I couldnít say that everything would be okay in 90 days.

Mr. Wilson said when I am driving down the highway at 60+ miles per hour and I see a sign, I am not going to have time to stop pull over and write down the phone number. I canít agree that having the sign facing 275 will help you. There must be some other option that will benefit you. You mentioned putting a lot on your permanent sign saying Now Hiring, but that is facing Chesterdale.

Mr. Furlotte responded I understand what you are saying, but if you look at the predicament I am in, I have to try every option, whether I think I might get 100 applicants or 10 applicants. My bosses donít accept I donít think that will work. Iím not expecting to hire 22 people from that sign, but if I hire five people and they stay, that is a significant difference from where I am now.

Mr. Okum said we donít have evidence to prove results from signs. If you were granted a 30 day variance and were to bring back proof that the sign was effective and request a variance for a longer period of time or the opportunity to put it up again, it would be easier for this board to make a decision that it is effective and beneficial. You are an existing business in Springdale, and if you can show evidence that the sign would be effective, I would not have a major objection to a 5í x 20í sign for a 30-day period. I wouldnít say that I would approve that for the next period or whatever period would be approved.


21 NOVEMBER 2000



Mr. Borden asked if she had tried employment agencies or flyers

and Ms. Furlotte indicated that she had. We have gone through temp services and we even tried working through a group called IAMS that sponsored a school of immigrants to teach English as a second language to try and get some of those individuals. That didnít work as well; they were working for other fields of work. Anything that crosses my desk, even if I have tried it before and it hasnít worked before, I do it again.

Mr. Borden asked if she were looking for skilled or unskilled employees. Ms. Furlotte answered we would love to get some skilled, but right now mostly what we are hiring is unskilled.

Mr. Okum commented the applicant seems to be flexible with what she is requesting. They already have purchased a 5í x 20í banner. The banner says Now Hiring and will have the name of the facility, the address and phone number in 10-inch letters.

Mr. Squires moved to grant the variance for a 5í x 20í banner saying Now Hiring, the name of the company and phone number for a period of time to begin 11/22/00 and go through 1/31/01. Mr. .Apke seconded the motion.

Mr. Wilson asked what would happen after 1/31/01. Will she come back in with evidence that it works, and should that be a part of the motion? Mr. Okum answered it wouldnít be necessary to be in the motion, but this board will still be here at that time and she would have the option to come back if she chooses. Mr. Squires said I can make it a part of the motion that the applicant can come back at the end of this period and request an extension of that variance with evidence that you still need it.

Mr. Okum commented I would want clear precise evidence presented of the differences in your hiring levels and applications.

Mr. Okum said Mr. Squires has amended his motion to include that this is a temporary variance with the opportunity to come back in with evidence for extending the period of the variance.

Voting aye were Mr. Squires, Mr. Apke, Mr. Borden, Mr. Okum, Mr. Weidlich and Mrs. Huber. Mr. Wilson voted no, and the variance was granted with six affirmative votes.

E. Steak n Shake, 11470 Princeton Road requests variance to allow 4 stacking spaces for the drive through window. . Said variance is requested from Section 153.504, which requires 5 stacking spaces. Variances also are requested from Section 153.222(B) for setbacks to the south elevation the dining room addition and the wing wall to have a 15í setback (30í required) Referred by Planning Commission

Mr. Joe Chambers of Indianapolis said we are requesting the variances because of the front dining room addition. We will spend a good deal of money on the facility to enlarge the restrooms and make them ADA compatible and do some upgrading in terms of the kitchen equipment and kitchen area.


21 NOVEMBER 2000



Mr. Chambers added we felt a need to enhance our dining room to give us more seating; we are going from 81 to 99 seats.

The need for the variance on the east side for the wing wall is to upgrade the facility to look like our newer restaurants, which have the wing walls at each of the corners. The variance for the four stacking spaces between the drive through window and the menu board is because five are required. We now have the four stacking spaces and I assume this was put in under an earlier code. To increase it to five or more spaces we would have to move the menu board back which would involve doing some demolition on the parking lot and rerouting electrical lines, additional expense that we would prefer not to incur.

Mr. Okum opened the public hearing. No one was in the audience. He closed the public hearing.

Mr. Weidlich commented you said the wing wall is going to the east side of the building. Is the dining extension going there or forward out to where the handicapped parking spaces are? Mr. Chambers answered that the dining extension will go forward, or south. The wing walls come off at a 45-degree angle from the corners. We have an existing variance for the building, with 18 Ĺ feet off the east property line where there is a 30-foot setback requirement.

Mr. Weidlich asked if they would move the handicap spaces somewhere else. Mr. Chambers answered that they would. I have a plot plan here with me. We will be moving the handicap spaces out to the front row of parking along the entry into the shopping center.

Mr. Chambers reported the addition to the building is on the south side. The wing wall, because it runs at a 45-degree angle is on the east side.

The BZA members looked at the site plan for the project.

Mr. Squires moved to grant the variances to Steak n Shake to allow them (1) to construct a wing wall 15 feet from the rear property line; and (2) to reduce the number of stacking spaces from five to four. Mr. Borden seconded the motion.

Voting aye were Mr. Squires, Mr. Borden, Mr. Apke, Mr. Weidlich, Mr. Wilson, Mr. Okum and Mrs. Huber. Variances granted with seven affirmative votes.


  2. Mr. Okum said the revocation of Variance 25-1999 was moved to this part of the agenda. There still is no representation. Mr. Squires moved to revoke and Mr. Weidlich seconded the motion. By voice vote, all voted aye and the variance was revoked.




    21 NOVEMBER 2000



    Mr. Squires said if you havenít yet, I would urge you to visit the new community center. I think you will be extremely proud of it. Mr. Borden asked if there would be a special tour for board members. Mr. Squires said we might be able to arrange one if you want one, but you can go there any time.

    Mr. Okum said I have one item to remind members of. Quite often members will doodle on staff reports and it always has been recommended that you discard any of these papers.


Having completed the business, the Board of Zoning Appeals adjourned at 11:00 p.m.

Respectfully submitted,



___________________,2000 _______________________

David Okum, Chairman



____________________,2000 ________________________

Jane Huber, Secretary