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, MARCH 22, 2004

A regular meeting of the Eaton Planning, Zoning and Building Appeals Board was called to order at 7:30 p.m., Monday, March 22, 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.

Minutes

Minutes were accepted for the meeting of February 23, 2004.

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

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

Nays: None

Oath was administered to the audience.

AB-03-14 - Cain - Variance

The applicant is seeking a variance from 1171.12(b) of the City's Zoning Code, which states that a property owner may not have a fence that exceeds four-feet in any required front yard. The applicant is requesting he be allowed to maintain the six-foot fence in his front yard that has been in place for some time. Chairman Kline opened the public hearing. Mr. Cain was here to present his application. Mr. Wehrley met with Mr. Cain at his home and saw no problems with the proposed fence then later called Mr. Cain after construction had begun and told him with a corner lot he had two front yards and that there was a location problem with the six-foot fence. Mr. Cain already had all the posts installed for the fence and proceeded with construction anyway. The 6' privacy fence was installed to keep his children in the yard because they were scaling a 4' chain link fence. There was discussion about dropping the height of the fence to 4' for the portion of fence located in the required front yard or to move the 6' fence back an additional 12' to get it out of the required front yard. Mr. Cain also poured a concrete slab in the fenced front yard area and installed an above-ground pool. Chairman Kline closed the public hearing.

Mr. Stonecash made the motion to approve AB-03-14. Based on these findings of fact: 1) special conditions do exist which are peculiar to the property in that it is a corner lot with two front yards; 2) other properties in residential districts are allowed 6' fences in their back/side yards; 3) the applicant was told the 6' fence was acceptable before construction started, and only learned it wasn't after building it; 4) this fence will not be injurious to the neighborhood and will be a benefit because it will keep the applicant's children in their yard; and 5) the variance does not constitute a change in zoning district.

AB-03-14 (cont.)

Mr. Jordan seconded the motion and passed as follows:

Ayes: Stonecash, Jordan, Kline (3)

Nays: Conley, Clayton (2)

AB-04-04 - Bob Evans Restaurant - Appeal

The applicant is appealing the determination made by the City's Zoning Administrator regarding the application of Section 1167.09(e)(10) to their proposed new restaurant on the northeast corner of Washington Jackson Road and North Barron Street.

Under Section 1167.09(e)(10), full service restaurants shall have 1 parking space per 50 sq. ft. of floor area. The Zoning Administrator has determined that "floor area" means the total area of the restaurant and, per this determination, 104 parking spaces are required. The applicant is appealing the strict interpretation and the intent of this Section, as it believes "floor area" means only seating area for the patrons, and not the total area of the building. Per the applicant's interpretation, only 63 spaces would be required. The applicant has stated it will be providing 87 spaces, which is all that can be fit onto this lot.

Mr. Rick McKinney was here representing Bob Evans Restaurant. All Bob Evans facilities provide 80-90 parking spaces with the Eaton location having 87 spaces and seating 155 patrons and approximately 70 employees. On the busiest days (Saturday and Sunday mornings) there will be about 20 employees on duty.

Mr. Jordan made the motion to overturn the Zoning Administrator's interpretation of calculating the entire floor area to determine the number of parking spaces and to base the number of parking spaces on the floor area of the patron area only. Mr. Stonecash seconded the motion and passed as follows:

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

Nays: None

Old business

Concerns about zoning violations for properties located on West Somers Street and North Maple Street. As soon as the weather breaks we will be out in force and sending notices for violations.

The shed that was discussed at the last meeting located in the front yard of a corner lot on North Cherry Street has not moved. Bob has sent the owner two letters, but she is being uncooperative. Bob has also talked with her attorney. She has two options-move it or request a variance. Within the week, if there has been no change, she will be sent another letter giving her a certain number of days to comply and if that gets no response Bob will be discussing the matter further with Donnette.

New business

Ron Hensley is the new owner of the bowling alley. He intends to restore it to its original use and also a 4,000 sq. ft. carpet store in the east side of the building. Ron has indicated that he will lower the fence or move it back out of the required front yard setback.

The new Zoning Code review committee will begin meeting on Tuesday, April 6, from 6:30 to 8:30 p.m. and will meet every other Tuesday until finished.

With unanimous approval the meeting was adjourned.

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Secretary                                                             Chairman