City of Piqua Board of Zoning Appeals Minutes for May 15, 2007

	Piqua Board of Zoning Appeals Tuesday, May 15, 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 Buckley, Chet Osborne, Terry Cottrell, Jane Cottrell, Chris Boeke, Shane Snapp, Devon Alexander MEETING MINUTES Mr. Schmiesing pointed out that Mr. Jenkins had asked for additional information to be inserted into the meeting minutes and that a revised meeting minutes item is before the board members to insert into their packets. Ms. Stumpff noted a grammatical error and a typing error and asked that they be amended to read properly. Mr. Jenkins noted a name missing from the attendees list and asked that the persons name be added, and motioned to accept the April 17, 2007 meeting minutes with the amendments noted. Mr. Reindel seconded the motion and the minutes were adopted with all members present in favor. OLD BUSINESS None NEW BUSINESS 1. Resolution BZA 07-07 A petition to variance the maximum private garage size restriction of 24 feet by 30 feet in a one family residential district, to allow a detached private garage size of 30 feet by 40 feet, said private garage to be located at 300 Third Street. Mr. Schmiesing provided an overview of the agenda item by way of a Power Point presentation that explained the BZA's duties and responsibilities concerning this request, and illustrated the conditions found at the subject parcel and the affected neighborhood. Mr. Schmiesing recommended the board deny this variance request based upon the information presented. Mr. Douglas Buckley of 300 Third Street spoke in favor of the item describing his need for off-street parking and his desire to have a place to work on his older model automobile. Mr. Buckley also noted that the existing storage sheds will come down to make way for the new structure. Mrs. Franz expressed a concern about the proposed size of the structure and if he intends to work on cars in the garage. Mr. Buckley indicated that he does not intend to work on cares in the garage other than working on his older model auto that he is restoring. Mrs. Franz verified the height of the structure. Mr. Reindel asked Mr. Buckley about the intended use of the structure. Mr. Buckley replied that the structure is for storage. Mr. Jenkins asked staff if the applicant has an opportunity to have a carport in addition to a private garage of the allowable size. Mr. Schmiesing responded by indicating that the property owner does have other options for off-street parking that could be developed in addition to the private garage. Ms. Stumpff commented that a 24 foot by 30 foot would be more in scale with the structures found in the neighborhood. Mr. Fashner sympathized with Mr. Buckley's need to store his older model vehicle out of the elements. Mr. Chet Osborne of 306 Third Street approached the lectern and spoke in favor of the resolution. Mr. Reindel commented that any improvements at this location will look better than the sheds that currently exist there. Ms. Stumpff motioned to vote on the resolution and Mr. Jenkins seconded the motion and asked for a clarification on what an aye vote versus a nay vote means on this item. Mr. Schmiesing explained that an aye vote grants the variance request and a nay vote denies the variance request. A roll call vote followed with all members present voting nay, resulting in a 5-0 vote denying the requested code variance. 2. Resolution BZA 08-07 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 119 S. Wayne Street. Mr. Schmiesing introduced Mr. Shane Snapp, a Health Department code enforcement official, who provided an overview of the agenda item. Mr. Snapp outlined the timeline of events surrounding this particular issue. Mr. Schmiesing provided an overview of the agenda item by way of a Power Point presentation that explained the BZA's duties and responsibilities concerning this request, and illustrated the conditions found at the subject parcel. Mr. Schmiesing recommended the board deny this appeal based upon the evidence provided. Mr. Terry Cottrell of 415 N. Downing Street, spoke in favor of the resolution. Mr. Cottrell pointed out that the original complaint was related to the smoke detectors. He also stated that the former tenant caused $1,500 in damages to the structure and that the only way he could get him out was to work with the Health Department to have the structure condemned. Mr. Cottrell stated that he had a verbal agreement with a person who was to be doing the repair work in exchange for a place to stay, but instead of repairing the property the individual did more damage and skipped out on the project without finishing the work. Mr. Cottrell also stated that someone stole the furnace (later described as a space heater) from the property. Mr. Cottrell offered to fix the smoke detector if the Health Department would lift the condemnation order. Mr. Cottrell also stated that he was of the opinion that property conditions found at this location do not constitute property maintenance code violations and that other than the smoke detector issue, he felt the code official was out of line writing up all of the items cited in the violation notice. Mr. Fashner pointed out that when responding to a complaint the code official is not limited to investigating just the item cited by the complainant. Mr. Cottrell claimed he is only required to address the smoke detector since that was what the complaint was originally about. Mr. Reindel asked how long it would take to make all of the repairs. Mr. Cottrell stated that it would probably take until December of 2007 to complete the repairs if he does the work himself. Mr. Jenkins dismissed himself from the meeting at 6:00 P.M. Mr. Fashner asked if there was a police report on the stolen property. Mr. Cottrell indicated there was no police report. Mr. Fashner asked if there was anyone else in attendance to speak for or against this item and hearing no one asked for a motion to vote on this resolution. Ms. Stumpff motioned to vote on the resolution and Mrs. Franz seconded the motion. Mr. Schmiesing explained that an aye vote would affirm the code officials ruling and that a nay vote would reverse the code official's decision. A roll call vote followed with all members present voting aye, resulting in a 5-0 vote affirming the ruling of the code official. OTHER BUSINESS 3. Code of Ethics. There was a brief discussion about the draft code of ethics document and it was decided the item would be reviewed at the next meeting. 4. Meeting Calendar. All board members present voted to adopt the 2007 meeting calendar as presented. ADJOURNMENT With no further business to conduct a motion was made to adjourn the meeting and the meeting was adjourned at 6:24 P.M.


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