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, NOVEMBER 22, 2004

A regular meeting of the Eaton Planning, Zoning and Building Appeals Board was called to order at 7:30 p.m., Monday, November 22, 2004. The Acting 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 and Law Director Donnette Fisher were also present.

Minutes

Minutes were accepted for the meeting held on October 25, 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

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

AB-04-15 - Murphy Oil - Conditional Use

Murphy Oil USA, Inc., applied for a conditional use application to allow an auto fuel station at 1716 N. Barron St., lot 3308, zoned C-1 General Commercial. Planning Board recommended 3-2 approval of this application. Chairman Kline opened the public hearing. Erickson Mendoza represented the application. He explained the need for the change in location of the proposed business. Originally, the Federal Court Order of Gunlock v. City of Eaton allowed the fueling station to be located in the Wal-Mart parking lot. Since the court order, agreement was reached between the owner/developer, Wal-Mart and the applicant to move to the lot directly adjacent to the North Barron Street location. The public hearing was closed. Three restaurants will be locating on either side of this proposed development. Mr. Wehrley stated that a gas station would not be appropriate located among these food establishments and along with court order not being followed, it was staff recommendation to deny this request. The process was discussed that, if Appeals Board grants this application, the application would be forwarded to Eaton City Council for their approval to them be forwarded onto Federal Court for an amendment.

Mrs. Clayton made the motion to deny application AB-04-15. Mr Stonecash seconded the motion and passed as follows:

Ayes: Stonecash, Conley, Clayton (3)

Nays: Jordan, Kline (2)

AB-04-17 - Newkirk - Variance

John M. Newkirk, Jr., applied for a variance for his property located at 915 N. Cherry St., lot 1053, zoned R-1B Single-Family Residential. He would like to construct a 6' front porch which would result in a 3'-6" front yard setback from the public right-of-way line. Planning Board recommended favorable consideration of this application. The public

AB-04-17 - Newkirk - Variance (cont.)

hearing was opened. Mr. Don Shiplett and Mr. John Newkirk represented the application. The public hearing was closed.

Mr. Stonecash made the motion to approve AB-04-17. Mr. Jordan seconded the motion and passed as follows:

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

Nays: None

Old Business

a. It was noted the storage POD unit on East Lexington Road has been removed.

b. Discussion with the owner of slowly deteriorating 828 East Somers Street continues.

c. The house on South Barron Street that sustained significant fire damage has a December deadline for the reconstruction to be complete or the structure must be removed.

New Business

Nothing to discuss.

With unanimous approval the meeting was adjourned.

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Marsha K. Shannon, Acting Secretary Tom Kline, Chairman