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, DECEMBER 27, 2004

A regular meeting of the Eaton Planning, Zoning and Building Appeals Board was called to order at 7:30 p.m., Monday, December 27, 2004. The Secretary called the roll and reported the following:

Present: Dave Kirsch

                 Tom Jordan

                 Tom Kline

Absent:   Brenda Conley

                  Nancy Clayton

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

Minutes

Minutes were accepted for the meeting held on November 22, 2004.

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

Ayes: Jordan, Kline (2)

Nays: None

Abstain: Kirsch (1)

Oath

Oath was administered to the audience who will speak during the public hearings.

AB-04-18 - Napier - Variance

The applicant has applied for a variance from the City's 'R-1A' side yard setback requirements for lot 1978, located at 808 East Avenue. The applicant wants to build a new house on this vacant lot. Planning Board recommended denial of this application. The public hearing was opened. Mrs. Ann Napier represented this application. After much discussion it was decided to table this application until all board members can be present.

Mr. Kirsch made the motion to table application AB-04-18 until January 2005. Mr. Jordan seconded the motion and passed as follows:

Ayes: Kirsch, Kline (2)

Nays: Jordan (1)

AB-04-19 - Mantle - Variance

The applicant has applied for a variance from the City's 'R-2' setback and lot size requirements for the property located at 111 West High Street. The reason for this request is that the existing building does not meet the setback or lot size requirements of 'R-2' - the applicant is not proposing to expand the building. Planning Board recommended approval of this application. The public hearing was opened. Mr. Terry Mantle represented this application. Law Director Fisher informed the Board that this property is the process of being rezoned from 'C-4' to 'R-2', Planning Board made a favorable recommendation to Council for this request. The Mantle's want to convert the structure into two efficiency apartments with square footage allowing only two occupants per unit. Public hearing was closed.

Mr. Jordan made the motion to approve AB-04-19 conditioned upon the approval of the rezoning by Council. Mr. Kirsch seconded the motion and passed as follows:

Ayes: Kirsch, Jordan, Kline (3)

Nays: None

AB-04-20 - Pizza Hut - Conditional Use

The applicant has applied for a conditional use permit to install a drive-thru carryout window at its new restaurant, located at 1732 N. Barron Street, in the Preble Crossing Development. This lot is zoned 'C-1', General Commercial. Planning Board recommended approval of this application. The public hearing was opened. Mr. Ryan Oyster with GPD Group represented this application. Queuing requirements are met per City standards they will also be installing a fence on the north property line as a buffer. Access to the Pizza Hut lot is from the east side through the Wal Mart parking lot. Vertical signage will be located on the lot directing traffic to the drive-thru window. Public hearing was closed.

Mr. Jordan made the motion to approve AB-04-20 based on them meeting the general requirements set forth in 1163.03, specifically meet the requirements of the queue with a smooth circulation pattern and they put a buffer on the north property line per the City Engineer. Mr. Kirsch seconded the motion and passed as follows:

Ayes: Kirsch, Jordan, Kline (3)

Nays: None

AB-04-21- Pizza Hut - Variance

The applicant has applied for a variance from the 'C-1', General Commercial, sign regulations to be allowed to have two structure type signs (ground sign and wall signs) instead of the allowed one structure type and to be allowed to have a total of 158.8 square feet of signage instead of the allowed 78.3 square feet. Planning Board recommended to approve this application. The public hearing was opened. Mr. Ryan Oyster with GPD Group represented this application. Pizza Hut worked with the City to be in compliance with the new sign regulations as they will be in the near future. Public hearing was closed.

Mr. Jordan made the motion to approve AB-04-21 based on the fact that this is a temporary in nature as the proposed signage will be in conformity with the new zoning code. Mr. Kirsch seconded the motion and passed as follows:

Ayes: Kirsch, Jordan, Kline (3)

Nays: None

Old business

Executor of 828 E. Somers St. is working with his attorney Chuck Hubler to resolve the situation. 217, 219 S. Barron St. will be placarded "Condemned for Occupancy" for failure to have repairs completed within two and one-half years.

New business

Nothing to discuss.

With unanimous approval the meeting was adjourned.

___________________________________ _______________________________

Secretary Chairman