Ms. Stumpff moved to excuse Mr. Jenkins and Mrs. Franz seconded the motion. The motion was approved; 4 aye, 0 nay.

MEETING MINUTES

Ms. Stumpff and Mr. Fashner noted for the record that they were not in attendance at the meeting for which minutes are being considered and would therefore abstain from voting on this item. Noting that would leave only two board members present to vote on this matter Ms. Stumpff moved to table the meeting minutes item. Mrs. Franz seconded the motion. The minutes were tabled; 4 aye, 0 nay.

OLD BUSINESS

None

NEW BUSINESS

1. Resolution BZA 20-07

A petition to variance the sign regulations to allow a commercial message off-premise ground sign as a permitted detached sign type to be located at 406 Staunton Street.

Katrina Yohey of Crane Pumps and Systems 420 Third Street explained the reason for the request, and described the sign size and proposed location.

Mr. Fashner asked about the ownership of the site on which the sign is to be located and Mrs. Yohey explained that the sign will be affixed to the face of a retaining wall to be located on private property located at the intersection of Third and Staunton Streets.

Ms. Stumpff asked Mrs. Yohey about the type of sign to be used and if it could be removed if Crane Pumps were ever to relocate. Mrs. Yohey responded by indicating that the sign would be a flat wall sign affixed to the concrete retaining wall surface with anchor bolts, and that it could be removed at a future date if necessary.

Mrs. Yohey also responded to questions from the board related to the height of the wall and how it would match with the existing grade of the lot.

Mr. Fashner asked if staff had any additional comments to offer on this matter and Mr. Schmiesing provided a recap of the staff report for this item included in the agenda packet.

With no questions or discussion from the board, Ms. Stumpff moved to grant the resolution and Mr. Reindel seconded the motion. The following vote was recorded: Mr. Fashner, Aye; Ms. Stumpff, Aye; Mr. Reindel, Aye; Mrs. Franz, Aye. As a result of the vote the variance was granted.

2. Resolution BZA 21-07

A petition to variance the sign regulations to allow a commercial message off-premise ground sign with a zero foot setback to be located at 406 Staunton Street.

Mr. Schmiesing provided an overview of the staff report for this item, which was included in the agenda packet.

Katrina Yohey of Crane Pumps and Systems 420 Third Street approached the lectern and offered to answer any questions concerning this request.

Mr. Fashner asked if this project was being constructed with support from Crane Pumps.

Mr. Schmiesing responded indicating that the sign request was a small part of a much larger improvement that Crane Pumps initiated and the City agreed to facilitate in conjunction with the Staunton Street Reconstruction project.

Ms. Stumpff asked if a right of way easement had been secured for this project and asked how the location of the proposed wall would relate to the right of way alignment.

Mr. Schmiesing responded noting that an easement had been secured and that the wall would run parallel to the new right of way line at the intersection extending approximately 15 feet in either direction from the mid point of the radius. Mr. Schmiesing explained that the right of way line and the main portion of the wall face would sit diagonal to the intersection and that there would be a short wing wall extending up either street frontage.

Mrs. Franz clarified the sign type to be used, and noted for the record that the sign to be used as stated by the applicant would be a detachable sign affixed to the face of the wall not a cast in place sign stamped in the wall surface as originally stated in the application. 

Mrs. Yohey acknowledged Mrs. Franz's observation as being an accurate statement.

With no questions or discussion from the board, Mrs. Franz moved to grant the resolution and Mr. Reindel seconded the motion. The following vote was recorded: Mr. Fashner, Aye; Ms. Stumpff, Aye; Mr. Reindel, Aye; Mrs. Franz, Aye. As a result of the vote the variance was granted.

3. Resolution BZA 22-07

A petition appealing a determination of the enforcing official concerning Property Maintenance Code violations found at 510 Walnut Street.

Mr. Schmiesing provided an overview of the staff report for this item, which was included in the agenda packet.

Mr. Terry Cottrell of 415 N. Downing Street approached the lectern to speak on this item. 
He stated he is not the responsible party because he has a lease with option to purchase agreement with another party and that he believes the city is notifying the wrong party and that is what he is appealing. Mr. Cottrell requested permission to submit for the record, and Chairman Fashner acknowledged and accepted the following items:

1. A copy of an 8 page lease with option to purchase document
2. A copy of 7 pages from the March 20, 2007 BZA meeting minutes document
3. A copy of 2 page letter addressed to Chris Schmiesing (no date)

Mrs. Wall commented that the duties of the BZA in considering this matter is related only to determining whether the violation existed on the date the notice was issued and the argument presented by Mr. Cottrell pertains to an issue that the BZA has no jurisdiction over.

Mr. Fashner asked Mr. Cottrell if the code violations existed at this property. Mr. Cottrell responded by stating that he admits the code violations exist, but that he is not the party responsible for making the repairs.

Mr. Alexander stated for the record that he visited the property on November 27, 2007 and that it was his observation on this date that the violation conditions continue to exist.

Mrs. Wall pointed out to the board that it does not matter if the repairs have been made at this date, it only matters whether the violation conditions existed on the date the notice was issued.

Mr. Fashner asked if the lessee had been notified. Mr. Alexander indicated that only the owner of record as indicated by the Miami County Auditor is notified for violation notices of this type.

Mrs. Wall pointed out the courts have determined in past that when Municipalities send out notices in the enforcement of code matters such as this one, that only the owner of record is required to be notified.

Ms. Stumpff asked Mr. Cottrell if the repairs have been completed. Mr. Cottrell stated yes the repairs were made within a few days of receiving the notice.

Mr. Fashner asked Mr. Alexander to approach the lectern and asked him if the repairs had been completed. Mr. Alexander stated that based upon the observations he made on November 27, 2007 the violation conditions had not been abated.

Mr. Fashner pointed out to Mr. Cottrell that testimony provided to this body indicated that the repairs had not been made and asked Mr. Cottrell if he will make the necessary repairs. Mr. Cottrell said if his lessee does not make the repairs he will do the repairs himself. Mr. Cottrell stated that he is ultimately responsible, but that he is not first in line.

Ms. Stumpff moved to affirm the ruling of the enforcing official and Mr. Reindel seconded the motion. The following vote was recorded: Mr. Fashner, Aye; Ms. Stumpff, Aye; Mr. Reindel, Aye; Mrs. Franz, Aye. As a result of the vote the appeal was denied.

OTHER BUSINESS

Ms. Stumpff moved to table the other business discussion until all board members are present to participate in the discussion. The other business was tabled; 4 aye, 0 nay.

ADJOURNMENT

With no further business to conduct the meeting adjourned at 6:49 p.m.

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