|
|
| Piqua
Board of Zoning Appeals Tuesday, March 20, 2007 5:15 P.M. |
|
| CALL
TO ORDER Vice Chairman Debbie Stumpff reviewed the order of business and stated the procedures of hearing each item according to the Modified Roberts Rules of Order as follows: A. Clerk to State the Agenda Item B. Staff Comments C. Applicant/Agent Comments D. Opportunity to Cross Examine E. Board Member Comments and Questions F. Board To Take Action On The Item ROLL CALL Members Present: Jake Fashner, Jean Franz, Deb Stumpff Members Absent: Pat Jenkins, Steve Reindel Staff Members: Chris Schmiesing Attendees: Doug Page, Tom Tyler, Julie Tyler, Tim Baker MEETING MINUTES Mr. Fashner motioned to accept the October 17, 2006 meeting minutes as submitted. Ms. Stumpff seconded the motion and the minutes were adopted by voice vote with all members present in favor. OLD BUSINESS None NEW BUSINESS 1. Resolution BZA 01-07 - Nomination and appointment of officers for the 2007 calendar year. Mr. Schmiesing provided an overview of the agenda item pointing out that the board was currently without a chair as the past chairman's term had expired and he was not reappointed, and this item is to appoint the chair and vice chair persons for the 2007 calendar year. Ms. Stumpff motioned to table this item until the end of the new business. Mr. Fashner 2nd seconded the motion. A voice vote followed with all members present voting in favor of the motion. 2. Resolution BZA 02-07 - An appeal of an action taken by the code official in the administration and enforcement of the property maintenance code, concerning the property located at 513-515 Adams Street. Mr. Schmiesing provided an overview of the item explaining the owner of the property, Mr. Terry Cottrell, has appealed the property maintenance code violation on the grounds that he is not responsible because he has "sold" the property to another person by way of a land installment contract (See BZA 02-07 Exhibit A  ).Mr. Schmiesing explained that the City Law Director has addressed this issue in the past and explained that the owner of record at the county auditor's office is the owner of the property and the person responsible for its maintenance. Mr. Schmiesing also pointed out that as of 5:00 this afternoon Mr. Cottrell was still listed as the owner of record by the county auditor. Mr. Schmiesing provided the board members with copies of sections from the property maintenance code adopted by the city that states the owner of the property is the person responsible for maintaining the property in compliance with the code requirements; provided a copy of a Montgomery County Court of Appeals case involving the City of Dayton and an individual who failed to comply with Dayton's property maintenance code and argued he wasn't responsible because he had sold the property on a land installment contract. In this case the judge dismissed the defendant's argument stating he was still the owner of the property (See BZA 02-07 Exhibit B ).Mrs. Julie Tyler of 500 Adams Street approached the lectern to speak to this item stating that the property in question is in a state of disrepair and that other properties in the neighborhood had been cleaned up and you can tell a difference in the way things look, and she would like to see the code enforced against this property to get it cleaned up. No one else present approached the lectern to speak to this item. Mr. Fashner stated that he concurred with the code enforcing officer's findings in this case. Mrs. Franz said she is quite familiar with this property and also concurs with the code enforcing official's decision on this matter. Ms. Stumpff agreed with the other board members comments and reviewed the finding of facts included in the resolution, finding no items with which the enforcing official's action would be contrary to the code requirements. Mr. Fashner motioned to vote in favor of the resolution and Mrs. Franz seconded the motion. A roll call vote followed with all members present voting in favor of the resolution. 3. Resolution BZA 03-07 - A petition to variance the fence height restrictions, to allow a fence in excess of 42 inches to be constructed in a front yard, said fence to be located at 1612 S. Main Street. Mr. Schmiesing provided an overview of the request explaining that the proposed fence is actually an entrance gate to the Orrmont Estate property and that it is intended to be both a security and aesthetical improvement. Mr. Tim Baker of 1612 S. Main Street approached the lectern to speak to this item, identifying himself as the property owner and describing the fence as a gate with an arch overhead that would be about 16 feet in total height. Mr. Fashner asked who would manufacture the gate. Mr. Baker indicated that the Flashpoint Company located in Troy would manufacture the gate and fence. Mr. Fashner asked how far back along the drive the fence would go. Mr. Baker responded by indicating the fence would return approximately 50 feet along either side of the drive. Mr. Fashner asked how much of this was for security reasons and how much was it for aesthetics. Mr. Baker stated that it was primarily for security to keep uninvited sight seers off of the property, but added that it is also for aesthetical purposes and noted that the fence lines would continue as a tree line once trees are planted at a future date. Mrs. Franz asked if the gate would be positioned behind the existing stone columns. Mr. Baker stated yes. Ms. Stumpff asked about the red flags on the property. Mr. Baker responded that the flags represent proposed tree planting locations. Ms. Stumpff confirmed the fence return length. Mr. Baker stated +/-50 feet and then corrected what he was saying by adding that it would likely only be about 25 feet. Ms. Stumpff asked how the gate would operate. Mr. Baker stated the gate would operate manually for the time being and would eventually be motorized to operate by remote control. Mr. Fashner motioned to vote in favor of the resolution and Mrs. Franz seconded the motion. A roll call vote followed with all members present voting in favor of the resolution. 4. Resolution BZA 01-07 - Nomination and appointment of officers for the 2007 calendar year. Mr. Fashner motioned to bring the item back from the table and Ms. Stumpff seconded the motion. A voice vote followed with all members present voting in favor of the motion. Ms. Stumpff motioned to nominate Mr. Jake Fashner as the chairperson for the 2007 calendar year. Mrs. Franz seconded the motion. Mr. Fashner motioned to nominate Ms. Deb Stumpff as the vice-chairperson for the 2007 calendar year. Mrs. Franz seconded the motion. Mr. Fashner motioned to amend resolution BZA 01-07 to amend the phrase "Planning Commission" to be "Board of Zoning Appeals" and to insert the names Jake Fashner and Deb Stumpff into the blanks indicating the nominees for the chair and vice-chair positions. Ms. Stumpff seconded the motion. A voice vote followed with all members present voting in favor of the motion. Mr. Fashner motioned to vote in favor of the amended resolution and Mrs. Franz seconded the motion. A roll call vote followed with all members present voting in favor of the resolution. OTHER BUSINESS 5. Code of Ethics - Mr. Schmiesing explained that this is a draft document presented for the board's consideration and that the Code of Ethics would in no way supersede the codified ordinances or charter provisions that regulate the board's activities, rather the document is simply intended to outline the appropriate conduct for board members and others who participate in Board of Zoning Appeals business. With not all of the board present to discuss the document Mr. Fashner motioned to table any discussion on this matter until all board members were present and Ms. Stumpff seconded the motion. A voice vote followed with all members present voting in favor of the motion. 6. Meeting Calendar - Mr. Schmiesing explained that this document is intended to lay out the meeting times for the entire calendar year and will be posted to the city's website so that any person interested could readily determine the scheduled meeting dates and times of the Board of Zoning Appeals. Mr. Fashner stated that the third Tuesday of the month is problematic for his schedule and suggested the meeting be moved to the second or fourth Tuesday of the month with his personal preference being the fourth Tuesday. Mr. Schmiesing stated that he had a conflict on the second Tuesday of the month and noted that he too would prefer the fourth Tuesday if there is to be a change in the date. Mr. Schmiesing also commented that if there were any concerns with the start time of the meeting this would be the time to address it. After a brief discussion amongst the board members and staff present, Mr. Fashner proposed that the meeting time be changed to the fourth Tuesday of the month at 6:00 p.m. Noting that not all board members were present it was decided not to act on this matter until the next meeting. Mr. Schmiesing provided a brief staff report highlighting the recent addition of Devon Alexander to the code enforcement staff and noted Devon would now be the investigating officer on zoning enforcement matters. ADJOURNMENT With no further business to conduct a motion was made to adjourn the meeting and the meeting was adjourned at 6:03 p.m. |
|
| Back To Board of Zoning Appeals Meeting Minutes | |
|
|
|
|
Links marked with |
|
|
|
|
| Home | Search | Email | Calendar | SiteMap | |
|
Copyright © 2001 by the City Of Piqua, Ohio. All rights reserved. Reproduction in part or whole without written permission is prohibited. This website is maintained by the City Of Piqua Information Technology Department. Please address any questions or feedback regarding this site to the Webmaster. Please read our Disclaimer and Privacy Statement. |
|
