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, JANUARY 27, 2003

A regular meeting of the Eaton Planning, Zoning and Building Appeals Board was called to order at 7:30 p.m., Monday, January 27, 2003. The Secretary called the roll and reported the following:

Present :

Larry Petry

Tom Jordan

Nancy Clayton

Tom Kline

Absent: Ione Hiestand

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

Reorganization of the Board

Mrs. Clayton made the motion to nominate and elect Mr. Kline as Chairman. Nominations were closed. Mr. Jordan seconded the motion and passed as follows:

Ayes: Petry, Jordan, Clayton (3)

Nays: None

Abstain: Kline (1)

Mr. Jordan made the motion to nominate and elect Mr. Petry as Vice Chairman. Nominations were closed. Mrs. Clayton seconded the motion and passed as follows:

Ayes: Jordan, Clayton, Kline (3)

Nays: None

Abstain: Petry (1)

Minutes

Minutes were accepted for meeting of November 25, 2002.

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

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

Nays: None

Oath was administered to the audience.

AB-03-02 - M&K Development - Variance

The applicants are seeking variances on setbacks for Section 3 in the Rolling Hills subdivision. The requested variances would apply to the eighteen lots in Section 3, zoned R-1A. The applicant is requesting that lots 69-72 be allowed front yard setbacks of 35 feet instead of the required 40 feet; and that lots 33, 34, 42, 43, 55, 62-65, 73 and 74 be allowed front yard setbacks of 30 feet instead of the required 40 feet; and that lots 66 and 67 be allowed front and rear yard setbacks of 30 feet each, instead of the required 40 feet setbacks. Chairman Kline opened the public hearing. Mr. Doug Kramer was here as representative for M&K Development. The developer wants uniformity with the setbacks throughout the subdivision and they were granted the same type of variances in the previous two sections. Buyers are wanting larger back yards. The lots that will have rear yards facing East Avenue will not have driveway accesses onto East Avenue and the developer would be willing to have covenants placed on the deeds stating as such. Mrs. Fanny Kisling called from Florida to state she did not want the variance to be granted. Chairman Kline closed the public hearing. It was also asked if lots 62 and 55 are large enough to accommodate a house and meet all setback requirements. Mr. Kramer stated that the lots have been reviewed by Engineer Doug Spitler for meeting all minimum dimensions.

Mrs. Clayton made the motion for approval of AB-03-02 based on the fact that there are special conditions that exist and that the precedent has been set by the previous approvals. Mr. Petry seconded the motion and passed as follows:

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

Nays: None

Old business

The discussion from the last meeting about Buckeye Pneumatic and cleaning up their exterior property area based on Section 1155.05(f) is contradictory and not enforceable. The Mann’s have started interior clean up at the Shaver Ice Cream building which needs to be done before they can begin anything else with the property. Things are progressing well at 217, 219 South Barron Street.

New business

Nothing to discuss.

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

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

Nays: None

Secretary Chairman