MINUTES OF A REGULAR MEETING OF THE EATON PLANNING, ZONING AND BUILDING APPEALS BOARD HELD IN COUNCIL CHAMBERS OF THE MUNICIPAL BUILDING AT

7:00 P.M., MONDAY, APRIL 25, 2005

A regular meeting of the Eaton Planning, Zoning and Building Appeals Board was called to order at 7:00 p.m., Monday, April 25, 2005. The Secretary called the roll and reported the following:

Present: Dave Kirsch

Tom Jordan

Nancy Clayton

Tom Kline

Absent: Brenda Conley

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

Minutes

Minutes were accepted for the meeting held March 28, 2005.

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

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

Nays: None

Oath

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

AB-05-03 - Fifth Third Bank - Variance

The applicant has applied for a variance from the City's sign regulations for the new Fifth Third Bank located at 1604 N. Barron Street. The applicant is requesting a variance (1) to be allowed to have two structure type signs (monument sign and wall sign) instead of the allowed one structure type; (2) to be allowed three business signs (1 monument and 2 wall signs) instead of the allowed two business signs; and (3) to be allowed to place a sign on the north wall of the building (E. Washington Jackson Rd.), as our regulations state such business signs may be placed on the front wall (N. Barron St.). The applicant's total signage is within the allowable total sign area under current zoning. Chairman Kline opened the public hearing. Mr. Jeffery Beck, owner of Sign Dynamics, was here to represent this application. The public hearing was closed. With this being a corner lot the occupant of the lot wants to utilize both front walls. The monument sign will be located at the corner of N. Barron St. and E. Washington Jackson Rd. so as not to create a sight obstruction.

Mr. Jordan made the motion to approve AB-05-03. 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; and 4) the variance will not constitute a change in zoning district. Mrs. Clayton seconded the motion and passed as follows:

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

Nays: None

AB-05-04 - Angela Lyles dba Angel's Secret Garden - Variance

The applicant has applied for a variance from the C-4, "Central Commercial District," sign regulations to be allowed to place a business sign along the east side of the building, rather than the building face parallel to the street. Chairman Kline opened the public hearing. Mr. Mark Lyles was here to represent this application. The public hearing was closed. The two existing businesses already located in this structure have a projecting sign and with the building frontage being so narrow it leaves only the east wall as a possible location for the proposed sign. This sign will not be illuminated.

Mrs. Clayton made the motion to approve AB-05-04. Based on the findings of fact: 1) special conditions to exist because there is no other place to put a sign. Mr. Kirsch seconded the motion and passed as follows:

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

Nays: None

AB -05-05 - Chaney - Appeal

The applicant wishes to appeal the strict interpretation and intent of Section 1165.01(a) of the Zoning Code. Mr. Robert Couch was here to represent this application. The applicant wants to slightly enlarge and enclose an existing patio at the rear of the structure. The approximate size of this enclosure will be 10'x18' and be used as a mud room with a door leading to the exterior. The owner should not be penalized for the way the lot was originally laid out.

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

AB-05-05. Based on the findings of fact: 1) this is a lot located in an older section of the City; and 2) this will not create a hardship to anyone in the surrounding neighborhood. Mr. Kirsch seconded the motion and passed as follows:

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

Nays: None

AB-05-07 - BT Enterprises - Appeal/Determination of Similar Use

The applicant wishes to appeal the strict interpretation and intent of Sections 1147.02 and 1147.03 of the Zoning Code and for the Board to determine a similar use per Section 1133.04(b)(5). The proposed use not listed specifically as a permitted or conditional use for the 'C-1' General Commercial District. Mr. Steve Speranza, Director of Leasing and Property Management, with RG Properties. RG Properties endeavors to bring new uses to the City. There is a restaurant proposed for the 0.973 acre lot located to the south of the proposed car wash which would not be interested in acquiring said lot unless the car wash is constructed on the lot to the north and vice versa. Mr. Tom Sears with BT Enterprises also spoke to the Board. BT Enterprises has another Wash Rite Car Wash located in Carlisle, Ohio. This will be a two-bay touchless, automatic car wash structure that will blend in with other buildings in the surrounding area.

Mr. Jordan made the motion to determine a similar use to drive-thru retail. Mr. Kirsch seconded the motion and passed as follows:

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

Nays: None

Old business

The new Zoning Code will be through the final phases with Planning Board tomorrow night then will be turned over to Council for their final approval.

217, 219 S. Barron St. needs to have an appraisal then the City will take the property and have the house demolished.

The property located at North Maple and East Somers Streets is in the process of being sold and when the sale is complete they will be removing the structure.

The sidewalk still has not been repaired at West Main Street and Richmond Pike. Bob will be having further discussion with the property owner.

New business

Numerous properties have a proliferation of junk, etc. and correction orders are in process for several areas.

Adjourn

Mr. Kirsch made the motion to adjourn the meeting. Mrs. Clayton seconded the motion and passed as follows:

Ayes: Kirsch, Clayton, Kline (3)

Nays: None

Abstain: Jordan (1)

______________________________ ____________________________________

Secretary Chairman