MINUTES OF A REGULAR MEETING OF THE EATON PLANNING, ZONING AND BUILDING APPEALS BOARD HELD IN COUNCIL CHAMBERS OF THE MUNICIPAL BUILDING AT

7:30 P.M., MONDAY, AUGUST 25, 2003

A regular meeting of the Eaton Planning, Zoning and Building Appeals Board was called to order at 7:30 p.m., Monday, August 25, 2003. The Secretary called the roll and reported the following:

Present: Larry Petry

Tom Jordan

Brenda Conley

Nancy Clayton

Tom Kline

Absent: None

Building Inspector Bob Wehrley, Law Director Donnette Fisher were also present.

Chairman Kline introduced Brenda Conley who is replacing Ione Hiestand. Ione served on the Board and gave seventeen years of dedicated service.

Minutes

Minutes were accepted for the meeting of July 28, 2003.

Mrs. Clayton made a motion to accept the minutes. Mr. Jordan seconded the motion and it passed as follows:

Ayes: Petry, Jordan, Clayton, Kline (4)

Nays: None

Abstain: Conley (1)

Oath was administered to the audience.

AB-03-08 - First Realty Group - Variance

The applicant is seeking three variances from the sign requirements for its office located at 200 S. Barron St. This use was allowed in the R-2 Central Residential District as a conditional use in 1998. Chairman Kline opened the public hearing. Todd Roth, one of the owners of First Realty Group, has contracted with Glawe Awning to add a canopy with signage to the structure and enhance the look of the structure and the neighborhood. Chairman Kline closed the public hearing. Mr. Wehrley stated that the City, on occasion, is allowing businesses to locate in residential districts, but is not providing any means to allow them to advertise the business with a sign on the building. Mr. Wehrley stated he would not object to the variances being granted. There are building code issues involving wind loading, live loading, etc. and those issues also need to be resolved before we can issue a permit. The code allows the placement of the awning but not the signage. Mr. Roth received a call from the office manager that people were unable to find their offices and if they have one of their real estate signs on the building then people think it is for sale; so Mr. Roth gave the office manager permission to rehang one of the old signs until this issue is resolved. The original signage was part of the conditional use approval in 1998. There was concern voiced over setting a precedent, but Law Director Fisher stated that each case stands on its own merits and there are no precedents set. There is a minimum clearance of 7'-6" from the sidewalk to the bottom of the canopy.

Mrs. Clayton, based on the fact that the City, not the applicant, created the special conditions by allowing the conditional use in 1998, and based on the fact that not allowing

AB-03-08 (cont.)

them to advertise deprives them of rights commonly enjoyed by other businesses, made a motion to grant the variances. Mr. Jordan seconded the motion and it passed as follows:

Ayes: Jordan, Conley, Clayton, Kline, (4)

Nays: None

Abstain: Petry (1)

AB-03-09 - 445 Apple Drive - Appeal

The applicant wishes to build a detached garage on his property. The proposed located is only 25 to 26 feet from the front property line. The applicant does not wish to attach the garage to the main building, as required under 1171.13(c). The applicant wants to construct this garage as a detached building under 1171.13(b), and is appealing the strict application of the "sixty feet from the front property line" requirement. This proposed location of the garage will meet the "three feet side lot" setback and the "at least ten feet from the main building" setback. Mr. Wright was here to represent his appeal request. Mr. Wright, who resides at 441 Apple Drive and owns 445 Apple Drive, had his attorney combine the two lots under one deed. At a future date Mr. Wright intends to build a single-family home at 445 Apple Drive (for which there is no set date) and attach the detached garage at the time of construction. When Mr. Wright does decide to build the single-family residence he will need to "re-split" the lots. The existing shed would be moved to the other side of the creek/ditch that is part of Mr. Wright's property. The garage is for the owner's personal use.

Mr. Jordan made a motion to overturn the Zoning Administrator's strict interpretation of Section 1171.13(b) and 1171.13(c). Mrs. Clayton seconded the motion and it passed as follows:

Ayes: Petry, Jordan. Conley, Clayton, Kline (5)

Nays: None

Old business

The Board decided to leave AB-03-05 on the table. This case will be placed on the September agenda.

Shaver Ice Cream building has gone back to Dave Oyler. It was being purchased on land contract by Jamie Mann and he found he could not meet necessary requirements and turned it back over to Mr. Oyler. Mr. Oyler intends to complete demolition of the structure, level and clean the lot and then begin discussion on his options.

Greg Parsley's property on South Barron Street has begun cleanup and his crew will be back in the building soon to complete.

With unanimous approval the meeting was adjourned.

___________________________________ ________________________________

Secretary Chairman