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 23, 2004

A regular meeting of the Eaton Planning, Zoning and Building Appeals Board was called to order at 7:30 p.m., Monday, February 23, 2004. The Secretary called the roll and reported the following:

Present: Bob Stonecash

Tom Jordan

Brenda Conley

Nancy Clayton

Tom Kline

Absent: None

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

Reorganization of the Board

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

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

Nays: None

Abstain: Kline (1)

Mr. Stonecash made the motion to nominate Ms. Conley as Vice Chairman.

Mr. Jordan seconded the motion and passed as follows:

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

Nays: None

Abstain: Conley (1)

Minutes

Minutes were accepted for the meeting of December 22, 2003.

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-03-11 - Deeter - Variance

The applicant is seeking a variance to be allowed to maintain a 6-foot high chain link fence, topped with three strands of barbed wire in the required front yard of the property located at 1417 E. Main Street. 6-foot fences are not permitted in any front yard under our Zoning Code. The property is zoned 'C-3' (Community Commercial). Mr. Dirk Earley was here to represent Mr. Deeter. Eagle Fence (who constructed the fence) contacted the state to make sure they were out of the right-of-way for US 35 when they found out they were and proceeded to erect the fence and failed to realize that they were in the 35' front yard setback by approximately 13'. The fence is approximately 20-22' from the edge of US 35, which met the requirements of the state. The fence is placed at the edge of the paved parking lot. The fence was erected without contacting the city for any zoning requirements. Mr. Deeter doesn't want to move the fence and lose 12-13' of parking spaces. The fence does not inhibit vision coming in or going out of the parking lot. Chairman Kline closed the public hearing. The original purpose of the fence was to allow the storage of cars, motor homes, boats, etc. However, the request for a zoning change that would permit such storage was denied. The permitted or conditional uses that are allowed in that district would not want or need a 6' fence. The fence was put up prior to the zoning change request. Mr. Deeter has the right to fence the property so either he can lower the fence to 4' or remove the 6' fence from the required front yard. The barbed wire was added to the top fence for security purposes. The fence was also encroaching onto the neighboring property to the west by 12' and has since been moved by the contractor. Planning Board felt that it met all the requirements of Section 1133.07 and approved the 6' fence. Some of the board members do not like the barbed wire but were reminded that there is barbed wire on the fences at the football field and the swimming pool.

Mr. Jordan made the motion for approval of AB-03-11. No second was made.

Mrs. Clayton made the motion to deny approval of AB-03-11. Mr. Stonecash seconded the motion and passed as follows:

Ayes: Stonecash, Conley, Clayton (3)

Nays: Jordan, Kline (2)

AB-03-13 - Davis - Variance

The applicant is seeking a variance from front yard setback requirements for this property located at 215 E. Mechanic St., zoned 'R-1B' (Single-Family Residential). The applicant wishes to vary the front yard setback from the required 25' to 4'-8". The current front yard setback on this property is 12'-8". The applicant is also seeking a variance from the strict application of 1171.16(b). Mr. Lee Huddleson, contractor and son-in-law, was here to represent Mr. Davis. The owner wants to add the covered front porch to improve the looks and value of the home and has already made several interior improvements. Chairman Kline closed the public hearing. There are numerous properties within the city limits that have porches that are as close as or closer to the front property line.

Mrs. Clayton made the motion to approve AB-03-14. Mr. Jordan seconded the motion and passed as follows:

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

Nays: None

AB-03-14 - Cain - Variance

Application was tabled for lack of representation.

Mr. Stonecash made the motion to table AB-03-14. Mrs. Clayton seconded the motion and passed as follows:

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

Nays: None

AB-03-15 - Christ Apostolic Church - Variance

The applicant has applied for variances from the City's sign regulations for its building located at 221 E. Decatur Street. The church wants to construct an 18'square foot pole sign and to place the sign 3' from the sidewalk. This lot is zoned 'R-4' (Multi-Family Residential), and the use of it for a church is a pre-existing, lawful nonconforming use. Pastor Hamm was here to represent the church. What the church is proposing is similar to the sign located at the credit union. They chose this size of sign for its low profile and it wouldn't overpower the neighborhood. The existing 4'x8' sign that leans against the building will be removed. Chairman Kline closed the public hearing. The sign will be illuminated with indirect lighting and will be turned off by 11 p.m.

Mrs. Clayton made the motion for approval of AB-03-15, because there are special circumstances that does not result from any action of the applicant and meets all the standards. Mr. Jordan seconded the motion and passed as follows:

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

Nays: None

Abstain: Conley (1)

AB-04-01 - Wooton - Conditional use/Home occupation

Application was tabled per request made by Mr. Wooton's attorney.

Mr. Stonecash made the motion to table AB-04-01. Mr. Jordan seconded the motion and passed as follows:

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

Nays: None

AB-04-02 - Hicks - Variance

The applicant has applied for a variance to be permitted to erect a detached garage that is 21' in height, instead of the permitted 15' in height, on the property that is located at 722 E. Somers Street, zoned 'R-1B' (Single-Family Residential). Mr. Bill Hicks was here to represent himself. The property was purchased from Mr. Carl Wysong to build this garage to store their motor home which is presently parked at the Hick's residence on Park Avenue. Bill will be making several improvements to the home on the lot as well and Mr. Wysong will continue to live there. Chairman Kline closed the public hearing. The proposed structure will be approximately the same height as the existing building on the neighboring property to the west.

AB-04-02 (cont.)

Mr. Stonecash made the motion to approve AB-04-02, based on the fact that special conditions do exist and were not created by the applicant and granting the request will provide the necessary relief and is not detrimental to the public welfare. Mr. Jordan seconded the motion and passed as follows:

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

Nays: None

AB-04-03 - Young - Variance

The applicants are seeking a variance from rear yard setbacks for their residence located at 1641 Louden Dr., zoned 'R-1B' (Single-Family Residential), to allow them to build a sunroom addition on the rear of this residence. Mr. Chris Anderson with Erie Construction was here to represent the Young's. This addition will be aesthetically pleasing and will add value to the home and neighborhood. Chairman Kline closed the public hearing. City lots typically do not have enough depth to accommodate a room addition of any size.

Mr. Jordan made the motion to approve AB-04-03, that it does meet all the standards for a variance to be granted. Mrs. Clayton seconded the motion and passed as follows:

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

Nays: None

Old business

No one has seen any activity for the proposed driving school to be located in the 500 block of East Israel Street. The driving school's next step was to contact the state for their approval. Mr. Jordan said that at Planning Board it was brought up about the lack of addresses being posted on the homes. There has been some discussion with Chief Crowe to send out letters to homeowners that addresses need to be posted and to please do so.

New business

The March meeting will begin at 7 p.m. for a brief training session. Someone has placed a shed at the sidewalk on the corner of North Cherry and East Spring Streets. It is setting on skids right now. Bob will drive by and check out the situation.

With unanimous approval the meeting was adjourned.

_______________________________ _____________________________________

Secretary Chairman