City of Piqua Board of Zoning Appeals Minutes for April 17, 2007

	Piqua Board of Zoning Appeals Tuesday, April 17, 2007 5:15 P.M.


	CALL TO ORDER Chairman Jake Fashner called the meeting to order, reviewed the order of business and stated the procedures for hearing each item would be according to a 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, Pat Jenkins, Steve Reindel Members Absent: None Staff Members: Chris Schmiesing Attendees: Doug Page, Jeff Warner, Frank Barhorst, Marvin Hurst, Don Riley, Steve Smith, Bruce Soifer, A.B. Parker, Gary Anderson, Rob Cline, A.H. Burner, Fred Enderle MEETING MINUTES Ms. Stumpff noted a typo, asked that it be amended, and motioned to accept the March 20, 2007 meeting minutes as submitted. Mr. Fashner seconded the motion and the minutes were adopted by voice vote with all members present in favor. OLD BUSINESS 1. Resolution BZA 39-06 An appeal of a decision of the enforcing official concerning the junk yard use of Inlot 621, a property located on Race Street. Mr. Schmiesing provided an overview of the agenda item explaining that this item had been tabled for 180 days at the October 2006 BZA meeting. Mr. Schmiesing provided a PowerPoint presentation (see BZA 39-06 Exhibit 'A') that included information describing the history, location, and zoning of the subject property, presented the findings and known facts, and asked the board to affirm the decision of code official concerning this matter. A.B. Parker spoke in support of this appeal stating the use of the property is not a junk yard, and that it is a part of the trailer business he operates. Mr. Parker indicated that the old truck is in violation, but that the other vehicles run, the pallets are for fire wood, and the trailers are part of his trailer business. Mr. Parker also indicated that when he purchases old vehicles he cuts them up. Mr. Jenkins expressed sympathy for Mr. Parker and noted a lack of grant money available to small businesses. Mr. Jenkins also expressed a desire to require Mr. Parker to fence the property, pave the lot, and allow the use to continue. Mr. Reindel asked if there had been any neighbors who have complained about the use of the lot. Mr. Parker indicated that there were none. Mr. Schmiesing commented on the fact the violation notice originally stems from a neighborhood complaint. Mrs. Franz asked what the SUV's and vintage truck had to do with the trailer business. Mr. Parker indicated the SUV's are used to jockey trailers and that he intended to restore the old truck. Ms. Stumpff stated that she felt there should be an opportunity for Mr. Parker and the City to reach a compromise and asked what has to happen for the property to be in compliance. Mr. Schmiesing indicated that for the property to be in compliance the junk yard use must be abated in its entirety and the proper permits must be secured and the necessary improvements made before any new use of the property can occur. Mr. Parker stated the site was formerly used as part of a U-Haul dealership but is no longer being used for such. Bruce Soifer expressed his view that the City is picking on a small business owner and will put him out of business if he is forced to comply. City Manager Fred Enderle stated the City is not interested in putting anyone out of business. Mr. Enderle noted that the pictures provided clearly illustrate the use of the property is a junk yard; the property is clearly not in compliance; Mr. Parker has made little or no effort to be in compliance; and, the only correct choice in this matter is to deny the appeal. Mr. Soifer commented that he does not believe the code should be enforced without offering assistance. Mr. Fashner congratulated Mr. Parker on his business and asked for a motion to vote on this item. Mr. Schmiesing reviewed the facts concerning this case. Mr. Fashner expressed concern with past lack of enforcement and his feelings that the code should not be enforced against existing businesses. Ms. Stumpff asked for clarification on what lot is involved. Mr. Schmiesing provided clarification by describing the boundaries of Inlot 621. Ms. Stumpff asked Mr. Parker about his use of the lots and his understanding of the zoning code. Mr. Parker stated he apparently does not understand the zoning code. Ms. Stumpff again asked what could be done to bring the property into compliance. Mr. Schmiesing again explained the violation conditions that must be abated and the permit process for establishing a new use. Ms. Stumpff made a suggestion to Mr. Parker about how to go about remedying this situation. Mr. Fashner commented about the City's efforts to clean-up the community. Mr. Reindel commented about the current condition of the property and the desire to see it cleaned up. Mr. Reindel further explained he has no interest in closing the business. Ms. Stumpff motioned to vote on the resolution and Mr. Reindel seconded the motion. A roll call vote followed with all members present voting aye, except for Mr. Jenkins and Mr. Fashner who voted nay, which resulted in a 3-2 affirmation of the code official's decision. 2. Resolution BZA 39-06 An appeal of a decision of the enforcing official concerning the parking lot and heavy equipment storage use of Inlot 4751, a property located on Race Street. Mr. Schmiesing provided an overview of the agenda item explaining that this item had been tabled for 180 days at the October 2006 BZA meeting. Mr. Schmiesing provided a PowerPoint presentation (see BZA 40-06 Exhibit 'A') that included information describing the history, location, and zoning of the subject property, presented the findings and known facts, and asked the board to affirm the decision of code official concerning this matter. A.B. Parker spoke in support of this appeal stating he had already discontinued the U-Haul operation and that the semi-tractor trailers were there for storage because he could not build the building he wanted to build when he asked Mr. Schmiesing what could be constructed on the site. Mr. Parker indicted that he repairs trailers of all shapes and sizes. Mr. Fashner asked how long trailers typically stay on-site. Mr. Parker indicated the trailers usually are on-site for 2 to 3 weeks. Mr. Schmiesing responded to Mr. Parker's comments by pointing out that neither he or the City has stopped Mr. Parker from building a structure or making improvements to the site, rather when the applicable regulations and permit submittal requirements were explained to Mr. Parker and he chose not to follow up by taking the necessary actions to proceed with his project. Ms. Stumpff reiterated that she believes the site can be brought into compliance and the necessary permits can be obtained if Mr. Parker takes the necessary actions. Mr. Parker stated that he cannot afford to invest in improvements to the property. Mr. Fashner and Mr. Reindel both commented that the property could be brought into compliance if the appropriate actions are taken. Mr. Reindel continued by stating he was certain the City would work with Mr. Parker to help him secure the necessary permits. Mr. Jenkins stated that he did not understand how affirming this resolution would solve the problem. Mr. Soifer expressed his view that cleaning up the City will put the Mom and Pop establishments out of business. Mr. Soifer said he agrees with cleaning things up, but thinks the City should offer assistance funds. Ms. Stumpff motioned to vote on the resolution and Mr. Jenkins seconded the motion. A roll call vote followed with all members present voting aye, except for Mr. Jenkins and Mr. Fashner who voted nay, which resulted in a 3-2 affirmation of the code official's decision. NEW BUSINESS 1. Resolution BZA 04-07 A petition to variance the maximum private garage size restriction of 24 feet by 30 feet and rear yard location requirement in one family residential district, to allow a detached private garage size of 28 feet by 42 feet in a front/side yard, said private garage to be located at 606 Catalpa Drive (rear of 1310 Maplewood). Mr. Schmiesing provided an overview of the agenda item explaining the peculiar exceptions and unique circumstances found at this location, and recommended the board approve this variance request. Mr. Marvin Hurst of 606 Catalpa spoke in favor of the item describing his need for the additional storage area, the limited available off street parking, and in general the unique characteristics of the lot. Mr. Hurst stated he does not want the improvements to be a detriment to the neighborhood. Mr. Jenkins asked about the private easement and how this might affect access to the site by construction equipment. Mr. Fashner asked if the proposed structures would be visible to the neighbors to the west. Mr. Hurst indicated that the structure would not be visible to the west because of the trees in the lawn and vegetation in the fence line. Mr. Reindel commented that the property is nicely maintained, and also asked what the start date for construction would be if this item is approved. Mr. Hurst indicated that they would like to begin construction right away and that the project should be complete in a month or two. Mr. Fashner reviewed the finding of facts as they relate to the code requirements for approving a variance, and found no items in conflict with the code criteria. Mr. Jenkins motioned to vote on the resolution and Ms. Stumpff seconded the motion. A roll call vote followed with all members present voting aye, resulting in a 5-0 vote approving the requested code variance. 2. Resolution BZA 05-07 A petition to variance the minimum off street parking space requirement of 1 space per 4 seats at maximum capacity for a Place of Worship, and the parking regulation requiring all required off street parking spaces to be provided on the same lot as the use for which they are required, said Place of Worship to be located at 105 E. Greene Street. Mr. Schmiesing provided an overview of the agenda item providing a survey of the available parking spaces in this area of the downtown (see BZA 05-07 Exhibit 'A'), explaining the peculiar exceptions and unique circumstances found at this location, and recommended the board approve this variance request. Mr. Schmiesing also provided the board members with copies of two submittals received in the Planning and Zoning office prior to the meeting (see BZA 05-07 Exhibit 'B' and Exhibit 'C'). Mr. Jeff Warner, Associate Pastor of The Gathering Place, spoke in favor of the resolution. Mr. Warner submitted for the record a parking survey that included 5 pages and detailed the parking patterns in this area of the downtown (see BZA 05-07 Exhibit 'D'). Mr. Warner indicated that their typical church service would run from 10 a.m. to 12:15 p.m. on Sunday. Mr. Warner also noted that the congregation will invest approximately $150,000 to $155,000 in renovating the property if the variance is approved and the congregation is able to move forward with the purchase of the property. Mr. Don Riley, Lead Pastor for The Gathering Place, also spoke in favor of the resolution stating that the congregation plans to be involved in the community and has every intention of acting as a good neighbor. Mr. Steve Smith, the owner of the subject parcel also spoke in favor of the resolution noting the property has sat vacant for 9 years and has been very difficult to sell. Mr. Jenkins asked a question about downtown parking requirements and expressed a concern about the availability of parking and the impact this use might have on Javawocky Café. Mr. Fashner dismissed himself from the meeting at 7:15 p.m. and handed the gavel to the vice chair, Ms. Stumpff Mr. Reindel asked several questions about the parking study Mr. Warner provide and Mr. Warner responded. Mr. Schmiesing responded to a question related to parking for the new library use of the Orr-Statler Building. Mr. Gary Anderson, owner of Apple Tree Gallery, spoke concerning this resolution noting that while his business is not typically open on Sunday, the 2nd floor banquet space is sometimes in use for wedding showers and the like. Mr. Anderson indicated that parking has not been a problem and doesn't want to see it become an issue. Ms. Stumpff asked if there would be other activities besides the church services conducted at this location. Mr. Riley indicated that the building would also accommodate the congregation's office needs, counseling space, and perhaps a Wednesday evening program at a later date. Mrs. Franz commented that she has not observed a parking problem in this area and does not foresee this use as creating a parking issue. There was a brief discussion about the ownership of the land the building occupies. Mr. Jenkins asked Mr. Warner to return to the lectern and asked him to clarify what arrangements, if any, had been made to use the Insurance Company parking spaces, the Piqua Daily Call parking spaces, and the Fifth Third parking spaces shown on the drawing provided. Mr. Warner responded by indicating that these were all private parking spaces and that the owner of each had been contacted concerning the possibility of the church using these spaces on Sundays. Mr. Warner noted that as of the time of the meeting, none of the three private property owners referenced had agreed to allow the church to use the private parking spaces. Mr. Jenkins motioned to vote on the resolution and Mr. Reindel seconded the motion. A roll call vote followed with all members present voting aye, except for Mr. Jenkins who voted nay, which resulted in a 3-1 vote approving the requested code variance. 3. Resolution BZA 06-07 An appeal of a decision of the enforcing official concerning the use of a trailer sign as a temporary sign at 623 E. Ash Street. Mr. Schmiesing provided an overview of the agenda item providing a PowerPoint presentation (see BZA 06-07 Exhibit 'A') that included information describing the history, location, and zoning of the subject property, presented the findings and known facts, and asked the board to affirm the decision of code official concerning this matter. Mr. Bruce Soifer of Town & Country Furniture spoke in favor of the resolution item expressing his view about the importance of advertising signs. Mr. Soifer raised issues concerning the constitutionality of the sign code and read from a publication for an extended period of time. Mr. Schmiesing responded to the concern raised about the constitutionality of the sign code citing the court supported right of a community to regulate time, place and manner of advertising displays. Mr. Schmiesing also commented on the fact that the sign code includes provisions allowing sign types that Mr. Soifer could use at this location that would be in compliance with the sign code. Mr. Soifer expressed concern that if he can't have this sign at this location it will hurt his business. The board members asked several questions pertaining to the applicable code sections, permit requirements, right of way restrictions, and the sign code work session held before the sign code revisions were adopted. Mrs. Franz motioned to vote on the resolution and Ms. Stumpff seconded the motion. A roll call vote followed with all members present voting aye, except for Mr. Jenkins and Ms. Stumpff who voted nay, which resulted in a 2-2 vote neither affirming or modifying or overruling the code official's decision. As a result, the appeal request is defeated (as per the Board of Zoning Appeals Procedures Rules and Regulations). OTHER BUSINESS 4. Code of Ethics. 5. Meeting Calendar. Mr. Schmiesing suggested that discussion on the other business items be postponed until all board members are present. Those board members present agreed. ADJOURNMENT With no further business to conduct a motion was made to adjourn the meeting and the meeting was adjourned at 8:39 p.m.


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