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| Piqua
Board of Zoning Appeals Tuesday, September 25, 2007 6:00 P.M. |
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TO ORDER Chairman Jake Fashner called the meeting to order. Mr. Fashner noted for the record the usual and customary order of business would be followed. However, it was noted for the record that with no attendees present at the meeting the reading aloud of the meeting procedures would not be necessary. Therefore, the following information is included in the meeting minutes for informational purposes only. The procedures for hearing each item is conducted 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, Pat Jenkins, Steve Reindel Members Absent: Debbie Stumpff Staff Members: Chris Schmiesing, Stacy Wall Attendees: Frank Barhorst Note: Mr. Barhorst arrived approximately 15 minutes after the start of the meeting. 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 None There was a brief discussion concerning staff's role in ensuring there is a quorum present for each meeting. It was concluded that the board members have an obligation to attend each and every meeting and in the event that they will be unable to attend a meeting they are to notify the secretary in advance of the meeting date. Upon becoming aware of a board member's planned absence the secretary will notify the other board members to ensure a quorum is present for the meeting. NEW BUSINESS 1. Resolution BZA 14-07 An appeal of an action taken by the enforcing official in the administration and enforcement of the zoning code, concerning the use of the property located at 339 South Street. Mr. Schmiesing noted for the record that two submittals received by the Planning and Zoning office after the packet mailed have been provided to the board members for their consideration in this matter. The first being a letter from the appellant dated September 25, 2007, and the second being a letter from the enforcing official, also dated September 25, 2007. Mr. Schmiesing provided an overview of the facts concerning this matter citing the following items: A complaint was received concerning an unauthorized use of the property for residential purposes. On August 30, 2007 the property was inspected. At the time of inspection the operator of the facility confirmed the existence of a residential use of the property. A subsequent review of permit records determined that no permit had been issued for a residential use of this property. A violation letter dated August 30, 2007 was mailed to the owner of record for the property, Bethany Center Inc. On September 6, 2007 a letter appealing the decision of the enforcing official was received from Wilma Earls, the operator of the facility. In her letter Mrs. Earls states that they employ a night watchman and his compensation "…is a place to reside." With reference to all of the aforementioned facts, Mr. Schmiesing requested that the BZA affirm the determination of the enforcing official by voting AYE on this resolution. Mr. Jenkins asked for verification that the property zoning designation is residential, and questioned why a residential use would be required to secure zoning and/or building permits. Mr. Schmiesing verified the zoning designation of the property as being R-1 One Family Residential and explained that permits are required prior to conversion of the use of property to a different use category to ensure the necessary improvements are put into place to support the planned use in accordance with the minimum community standards adopted as code. E.g. site improvements (off street parking, accessibility), life safety (minimum egress, fire suppression), health conditions (proper light and ventilation), living conditions (appropriate sleeping, cooking, and sanitation facilities), etc… Mr. Schmiesing also pointed out that the facts surrounding this case suggest the residential use is defined as a boarding or lodging or rooming house, not a single family dwelling unit, and that unlike the single family dwelling unit, the boarding or lodging or rooming house use is not a permitted or a special use in an R-1 One Family zoning district. Mr. Schmiesing further noted that the appellant in this case had requested a rezoning and/or a special use permit approximately 12 months earlier in an attempt to seek the necessary approvals to operate a homeless shelter at this location. Mrs. Franz made reference to, and asked Mr. Schmiesing to characterize, the level of opposition that was heard from the surrounding property owners/occupants at the hearings concerning the homeless shelter request. Mr. Schmiesing confirmed that there was significant opposition to the homeless shelter. Mr. Reindel had no comments on the matter. Mr. Fashner asked for confirmation that staff had made an absolute determination that an improper change in the use of the property had occurred. Mr. Schmiesing responded by citing the appellants own admission on two separate occasions as the proof that a residential use of this property had indeed been unlawfully established. The first admission came in a conversation with the enforcing official, and is documented in the code officials written statement included with the resolution as a supporting material; and, the second admission is in a written communication received from the appellant, and also included with the resolution as a supporting document. There was a brief discussion amongst the board about tabling the item until the appellant could be present to answer questions about the nature of the Bethany Center arrangement with the night watchman who is residing at this location. Mrs. Wall pointed out that, while it is certainly appropriate for the board to table the item until the appellant can be present to answer questions, the nature of the questions presented have no relevance to the code violation cited and would have no bearing on the allowable actions the board can take on this matter. Mrs. Franz motioned to act on the resolution and Mr. Jenkins seconded the motion. The following vote was recorded: Mr. Reindel, Aye; Mrs. Franz, Aye; Mr. Jenkins, Aye; Mr. Fashner, Aye. As a result of the vote the determination of the enforcing official was affirmed. 2. Resolution BZA 15-07 A petition to variance the physical barrier requirement for the boundaries of a parking area to be constructed at 241 Fox Drive. Mr. Schmiesing informed the board that this request had been withdrawn. Mr. Jenkins asked for an explanation as to why the request was withdrawn and Mr. Schmiesing responded citing the series of events and discussions that lead up to the request for the variance and the eventual withdrawal of the item. OTHER BUSINESS Mr. Schmiesing shared with the board activities that have transpired concerning the items acted upon at the August BZA meeting, reporting the illegal portable sign at George's Dairy Bar had been removed (noting that the business is closed for the season); Mr. Schmiesing and City Manager Enderle met with United Way representatives and to discuss code compliant sign options that will suit their needs; and, Mr. Schmiesing and Mr. Sofier visited the Armory and Cracker Barrel sites to discuss code compliant sign options that will satisfy Town & Country's desired level of advertising for their biannual temporary sales event. ADJOURNMENT |
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