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, FEBRUARY 24, 2003

A regular meeting of the Eaton Planning, Zoning and Building Appeals Board was called to order at 7:30 p.m., Monday, February 24, 2003. The Secretary called the roll and reported the following:

Present: Larry Petry

Tom Jordan

Ione Hiestand

Nancy Clayton

Tom Kline

Absent: None

City Manager Dave Daily, Building Inspector Bob Wehrley and Law Director Donnette Fisher were also present.

Minutes

Mr. Jordan made the motion to accept the minutes of the January 27, 2003 meeting. Mrs. Clayton seconded the motion and passed as follows:

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

Nays: None

Abstain: Hiestand (1)

Oath was administered to the audience.

AB-03-03 - Morrow - Variance

The applicants are seeking a variance from the parking requirements for their business, Main Street Motors, located at 1201 E. Main St. The City's parking requirements, as applied, would require the applicants to provide a total of 47 customer and employee parking spaces. The applicants are asking to only be required to provide a total of 10 parking spaces - 3 employee spaces and 7 customers spaces. Chairman Kline opened the public hearing. Mr. John Buckley was here representing Don & Karen Morrow. The Morrow's have leased this lot to Tom Raper Camper Sales. There will be one and possibly two full-time employees and they expect no more than two or three customer stops a day. Chairman Kline closed the public hearing. Staff feels that the required 47 spaces is excessive and feel that the proposed 10 spaces is adequate. The temporary office and a chain link fence will be removed when the new structure is complete. There will be no mechanical service in the service bay, as it is there per an Ohio law that requires you have the indoor bay so the RV can be taken inside to explain the mechanics, etc. of the motor home. Raper's needed a business located in Ohio to be able to participate in motor home shows in the state.

Mrs. Clayton, finding that special conditions exist in that RV's require more outdoor storage space than cars and the applicable parking requirements are meant for cars; and finding that all of the conditions for granting a variance under 1133.07 are met made the motion for approval of AB-03-03. Mr. Petry seconded the motion and passed as follows:

Ayes: Petry, Jordan, Hiestand, Clayton, Kline (5)

Nays: None

Appeals Board

AB-03-04 - Eaton Community Schools - Appeal

The applicant is appealing the determination made by the City's Zoning Administrator regarding the application of Section 1163.03(b)(2)(C) to the renovation project at Hollingsworth East Elementary School. Under Section 1163.03(b)(2)(C), an A or B type buffer yard is required at the side (East High Street and Lexington Avenue) and rear (Meadowlark Lane) boundaries of the site. The Zoning Administrator has determined under this Section, an A or B type buffer is required. The applicant is appealing the strict interpretation and intent of this Section, as it believes the distance between the building itself and the neighboring homes serve as an adequate buffer. Dr. Joe DeLuca was here representing the school. The new footprint of the structure is not significantly larger considering the acreage at the site and the setbacks themselves serve as the buffer. Staff feels with the setbacks being hundreds of feet that the distance itself serves as a natural buffer and any additional plantings at the property/lot lines would serve no purpose.

Mrs. Hiestand made the motion to grant the appeal AB-03-04 and reverse the decision of the Zoning Administrator. Mrs. Clayton seconded the motion and passed as follows:

Ayes: Petry, Jordan, Hiestand, Clayton, Kline (5)

Nays: None

Old business

Nothing to discuss.

New business

Mrs. Hiestand had questions about the sign at the YMCA. Bob (Wehrley) issued them a the sign permit based on the fact that the Planning Board was going to have presented before them a text amendment concerning a new ground sign definition. Mrs. Hiestand felt that they should have come before the Appeals Board to request a variance. However, a variance cannot be requested for something that is not even permitted within a zoning district. Hence the need for the text amendment. Mrs. Hiestand feels that until the regulations are rewritten they should not be applied arbitrarily. Planning Board will be having a public hearing in March regarding the proposed text amendment and then they will make their recommendation to Council.

Mr. Petry made the motion to adjourn the meeting. Mr. Jordan seconded the motion and passed as follows:

Ayes: Petry, Jordan, Hiestand, Clayton, Kline (5)

Nays: None

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Secretary Chairman