MEETING MINUTES

Mr. Jenkins moved to approve the minutes as submitted. Mrs. Franz seconded the motion. The minutes were approved; 4 aye, 0 nay.

OLD BUSINESS

1. Resolution BZA 10-07

An appeal of an action taken by the code official in the administration and enforcement of the zoning code, concerning a portable sign located at 329 Spring Street.

Mr. Jenkins motioned to bring the previously tabled item before the board for consideration. Mr. Fashner seconded the motion and all those present indicated their support of the motion by a 4-0 voice vote.

Mr. Fashner acknowledged the staff report included in the packet in response to concerns raised at the previous meeting. Mr. Fashner also noted that no one was in attendance to speak on this item.

Mr. Jenkins verified with Mr. Schmiesing that the appellant had been notified of the meeting.

With no one present to speak on the item, and no further questions from the board, Mr. Jenkins motioned to act on the resolution and Mrs. Franz seconded the motion. The following vote was recorded: Mr. Jenkins, Aye; Mr. Fashner, Aye; Mrs. Franz, Aye; Mr. Reindel, Aye. As a result of the vote the decision of the enforcing official was affirmed by a majority of the board voting in support of the resolution.

NEW BUSINESS

2. and 3. Resolution BZA 11-07 and Resolution BZA 12-07

A petition to variance the area requirements for a temporary sign to allow a 96 square foot temporary sign to be erected at 401 Spring Street; and,

A petition to variance the setback requirements for a temporary sign to allow a temporary sign to be setback 9 feet 8 inches from the front lot line at 401 Spring Street.

Mr. Schmiesing reviewed the staff report for these two items and indicated that no peculiar exceptions and unusual circumstances in connection with this specific parcel have been identified by the applicant or by staff's on site observations.

Mrs. Ginny Koon, the Executive Director of the United Way, 326 N. Main Street, was sworn in by Mr. Fashner.

Mrs. Koon spoke in favor of the resolution citing the mission of the United Way and the community involvement in the United Way efforts as being unique to this request.

Mr. Jenkins asked about the location of the sign with regards to the front yard versus side yard setback requirements. Mr. Schmiesing responded by explaining that each street frontage of a lot is a front lot line or front yard and that this particular location has three front yards and a rear yard - no side yard.

Mr. Jenkins asked about the appearance of the sign and Mrs. Koon provided a photograph showing the south elevation of the structure at this location that is occupied by Chase Bank. The photograph includes two individuals gesturing to the proposed size and location of the sign (See BZA 11-07 and BZA 12-07 Exhibit 'A'). Mrs. Koon continued by explaining that the old sign had been damaged and needed to be replaced and that the proposed sign has not yet been purchased, but the layout and graphics are currently being developed, and the plan is to use a flexible medium that would be affixed to the side of the Chase Bank building.

Mr. Jenkins pointed out that sign code does not include a provision for a 96 square foot banner sign.

Mr. Reindel, Mrs. Franz, and Mr. Fashner each asked questions concerning other location options that may have been considered. Mrs. Koon responded by indicating that other locations had been considered, but that the Spring and Ash location was especially attractive to the United Way due to the high visibility and the willingness of Chase Bank to allow the sign on their property.

Mr. Schmiesing pointed out that the sign code does include provisions for the placement of banner signs sized relative to the size of the lot on which they will be placed.

Mr. Matt Cox, representative of Chase Bank, 401 Spring Street, was sworn in by Mr. Fashner.

Mr. Cox expressed his support of the request.

Mr. Jenkins motioned to act on Resolution 11-07 and Mrs. Franz seconded the motion.  The following vote was recorded: Mr. Jenkins, Aye; Mr. Fashner, Aye; Mrs. Franz, Nay; Mr. Reindel, Nay. As a result of the vote the request was denied due to lack of a majority of the board voting in support of the resolution.

Mrs. Franz motioned to act on Resolution 12-07 and Mr. Jenkins seconded the motion. The following vote was recorded: Mr. Jenkins, Aye; Mr. Fashner, Aye; Mrs. Franz, Nay; Mr. Reindel, Nay. As a result of the vote the request was denied due to lack of a majority of the board voting in support of the resolution.

4. Resolution BZA 13-07

A petition to variance the type of sign permitted as a temporary sign to allow a trailer sign as a temporary sign at 623 E. Ash Street.

Mr. Schmiesing reviewed the staff report for this item and indicated that the code describes the prohibition being contested as a mandatory code requirement, and as such, the board does not have the authority to grant the variance.

Mr. Fashner asked for a clarification concerning the item being requested. Mrs. Wall explained that a variance request has been submitted that requires the boards' action, however, the variance being requested does not fall within the purview of the BZA and therefore should not be approved.

Mr. Bruce Soifer of Town & Country Furniture, 125 W. Water Street, was sworn in by Mr. Schmiesing.

Mr. Soifer expressed his view of the importance of advertising and explained that the biannual sales event represents significant portion of Town & Country's annual sales. Mr. Soifer also provided 3 submittals to the board for their consideration. An illustration of a trailer sign (See BZA 13-07 Exhibit 'A'); a print out from the outdoor signs of America website (See BZA 13-07 Exhibit 'B'); and, a single sheet with four photos of a trailer sign at a location on S. Main Street in Piqua (See BZA 13-07 Exhibit 'C').

Mr. Jenkins and Mr. Fashner both questioned what action to take on an item that is not the BZA's to handle and asked the Law Director to comment. Mrs. Wall again explained that a variance request has been submitted and that the board is required to respond, however, the powers vested to the BZA by the enabling code language, do not provide the board with the authority necessary to grant the variance being requested.

Mr. Jenkins motioned to act the resolution and Mr. Reindel seconded the motion. The following vote was recorded: Mr. Jenkins, Nay; Mr. Fashner, Aye; Mrs. Franz, Nay; Mr. Reindel, Nay. As a result of the vote the request was denied due to lack of a majority of the board voting in support of the resolution.

OTHER BUSINESS

5. Code of Ethics.

Mr. Fashner requested that discussion concerning this item be postponed until a future meeting when all members are present.

6. Presentation - Duties and Responsibilities of BZA.

Mr. Fashner requested that this presentation be postponed until all members are present. It was suggested that a work session be conducted separate from the regular meeting agenda. Those members present generally agreed with this idea and asked the Law Director to provide times and dates she is available for such a meeting.

ADJOURNMENT

With no further business to conduct the meeting adjourned at 7:50 p.m.

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