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 30, 2004

A regular meeting of the Eaton Planning, Zoning and Building Appeals Board was called to order at 7:30 p.m., Monday, August 30, 2004. The Secretary called the roll and reported the following:

Present: Bob Stonecash

   Tom Jordan

   Brenda Conley

   Nancy Clayton

   Tom Kline

Absent:   None

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

Minutes

Minutes were accepted for the meeting held on July 26, 2004.

Mr. Stonecash made the motion to accept the minutes as written. Mr. Jordan seconded the motion and passed as follows:

Ayes: Stonecash, Jordan, Conley, Clayton, Kline (5)

Nays: None

Oath was administered to the audience.

AB-04-01 - Wooton - Home Occupation

The applicant is seeking a home occupation permit for his residence located at 100 Lutheran Drive, zoned 'R-1B'. The applicant wishes to start a home business of selling firearms from this residence.

Mrs. Clayton made the motion to "untable" this application. Mr. Stonecash seconded the motion and passed as follows:

Ayes: Stonecash, Jordan, Conley, Clayton, Kline (5)

Nays: None

Mr. Stonecash made the motion to dismiss the application. Mr. Jordan seconded the motion and passed as follows:

Ayes: Stonecash, Jordan, Conley, Clayton, Kline (5)

Nays: None

AB-04-05 - Murphy Oil USA - Conditional Use

The applicant has applied for a conditional use permit to put a fueling station with a 208 square foot kiosk on lot 3308, at the corner of North Barron Street and the Wal-Mart north access drive. The zoning of this lot is 'C-1' General Commercial.

Mr. Stonecash made the motion to "untable" the application. Mr. Jordan seconded the motion and passed as follows:

Ayes: Stonecash, Jordan, Conley , Clayton, Kline (5)

Nays: None

Mr. Stonecash made the motion to dismiss the application. Mr. Jordan seconded the motion and passed as follows:

Ayes: Stonecash, Jordan, Conley, Clayton, Kline (5)

Nays: None

AB-04-08 - Bob Evans Restaurant - Variance

The applicant has applied for a variance from the 'C-1' Central Business District, sign regulations to be allowed to have two structure types (ground and wall sign) instead of the allowed one structure type and to be allowed to have 138 square feet of signage instead of the allowed 120 square feet. Chairman Kline opened the public hearing. Scott Wallace was representative for the applicant. It was suggested at the Planning Board meeting with the new sign regulations being worked on that Bob Evans Restaurant provide a monument sign in lieu of the proposed pole sign. The applicant is willing to provide the monument sign instead. The proposed monument sign is 50 square feet and the two wall signs 44 square feet each (one each located on west and south walls). Chairman Kline closed the public hearing. Overall height of the sign is 8'. Board members commended Bob Evans on their willingness to work with the City to find a compromise for the sign situation.

Mr. Jordan made the motion of approve AB-04-08. Based on these findings of fact: 1) special conditions do exist which are peculiar to the property in that it has no access onto North Barron Street; 2) signage is needed to locate the property; 3) strict application of the Code would not allow them the same rights as other adjoining businesses across the street; 4) granting the variance will provide the minimum necessary relief since they did work with City staff and Planning Board to eliminate the pole sign; and 5) variance will not constitute a change in zoning district. Mrs. Clayton seconded the motion and passed as follows:

Ayes: Stonecash, Jordan, Conley, Clayton, Kline (5)

Nays: None

AB-04-11 - Barbara Felton dba Circle of Life Adult Care Center - Conditional Use

The applicant has applied for a conditional use permit to put an adult care center in the building located on 310 North Cherry Street (the applicant is not the building owner), zoned 'R-3' Multi-Family Residential. Chairman Kline opened the public hearing. Barbara Felton was representative for the application. They are a non-profit organization looking for a temporary location at the north annex at 310 North Cherry Street. The permanent location for this service will be on the grounds near the Preble County Senior Center but first they need to establish the service and raise the funds to construct the building. They want to make the community aware of what adult day services are and how it helps the

AB-04-11 (cont.)

community. Adult day care in a non-residential, community based program that's a long term care option for family members. These individuals may be physically or cognitively impaired and are eighteen years of age or older. They may require some supervision and assistance with personal care (bathing, eating, dressing, etc.) Adult care is typically offered during the day Monday through Friday from 6:30 a.m. to 5:30 p.m. Those hours can vary depending on the needs of the care giver. With a staff level of one staff member for every six participants. If there are individuals that have more severe limitations, the staff level is one staff member for every four participants. There has been discussion about the possibility of participants wandering the streets. This location was a former nursing home and it has a security system in place and they also have options such as personal security devices that can be attached to individuals and if they leave the facility an alarm sounds. At present there is no such service offered in Preble County. Citizens understand the need for adult care but are concerned about security. Chairman Kline closed the public hearing. Planning Board recommended approval granting a two-year time period, to be reviewed at the end of the two-year time limitation, and granted only for the north annexed portion of the building. They will provide four off-street parking spaces, including a handicapped parking space, on the north side of the structure in the alley. The number of parking spaces to be provided is based upon the maximum number of sixteen occupants.

Mr. Stonecash made the motion approve AB-04-11. Based on these findings of fact: 1) use does not conflict with Comprehensive Development Plan; 2) uses shall be located in districts where they are designed as conditional uses by the Code; 3) the structure was previously used as a nursing home; 4) use will not adversely impact the health, safety or welfare of the surrounding area; and 5) that in two years this conditional use will be reviewed and only for the annexed portion of the building. Mr. Jordan seconded the motion and passed as follows:

Ayes: Stonecash, Jordan, Conley, Clayton, Kline (5)

Nays: None

AB-04-12 - Lewis - Appeal

The applicant has applied for an enlargement/extension/addition to the rear of her home located at 120 East Israel Street, which is a nonconforming lot with a lot width of 49.5'. Such enlargements are not permissible except by appeal to this Board. Donna Lewis was representative for the application. The reason for addition is so the owner can bring her mother to live with her. Wants to extend the addition 3' beyond the existing west house wall which will then have a side yard setback of approximately 5'-9.5" instead of the required 6'.

Mr. Stonecash made the motion to overturn the Building Official's determination of AB-04-12. Based on the fact that: 1) special conditions do exist because of the existing nonconforming lot width. Mrs. Clayton seconded the motion and passed as follows:

Ayes: Stonecash, Jordan, Conley, Clayton, Kline (5)

Nays: None

AB-04-13 - Danielle's Dance Academy - Appeal

The applicant is asking the Board for a "similar use" determination for a use not specifically mentioned in the Zoning Code. The applicant's property (the old Northedge Shopping Center) is zoned 'C-3' Community Commercial. The applicant wishes to lease space in the building to Danielle's Dance Academy, but such a use is not specifically mentioned in 'C-3' or in any section of our Zoning Code. The applicant is asking the Board to determine that a Dance Academy is a personal service type use that would be permitted as of right in the 'C-3' district. Dirk Earley was representative for the application. The largest class would have 40 students with smaller classes held in the smaller rooms. Classes are held three evenings a week. Parking is a not an issue given the size of the parking lot.

Mr. Jordan made the motion to overturn the Building Official's determination of

AB-04-13. Based on the finding of fact: 1) that has been determined to be a personal service, which is a permitted use. Mr. Stonecash seconded the motion and passed as follows:

Ayes: Stonecash, Jordan, Conley, Clayton, Kline (5)

Nays: None

Old business

Nothing to discuss.

New business

Nothing to discuss.

With unanimous approval the meeting was adjourned.

__________________________________ _________________________________

Secretary Chairman