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, AUGUST 22, 2005

A regular meeting of the Eaton Planning, Zoning and Building Appeals Board was called to order at 7:00 p.m., Monday, August 22, 2005. The Acting Secretary called the roll and found the following:

Present: Dave Kirsch

Brenda Conley

Nancy Clayton

Tom Kline, Chairman

Absent: Tom Jordan

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

MINUTES

Mrs. Clayton moved to approve minutes for the regular meeting of July 18, 2005, as submitted. Ms. Conley seconded the motion which passed as follows:

Ayes: Conley, Clayton, Kline (3)

Nays: None (0)

Abstain: Kirsch (1)

OATH

The oath was administered to the audience who wished to speak during the public hearings.

AB-05-14

Joseph Overholts applies for a variance to the front set-back requirements. He would like to re-construct an existing front porch that is in deteriorating condition at his property located at 117 West Spring Street, zoned 'R-2' Central Residential. Front yard setbacks are 25' and 0' is proposed. The exact placement and dimensions are proposed to be maintained the same as the existing porch. This application received favorable recommendation at the August 9 Planning Board meeting. Mr. Overholts represents his request.

Chairman Kline opened the Public Hearing. Mr. Overholts explained that there is a room over top of the existing porch. The poor condition of the porch is causing the room above to sag also. Further, there are other homes in the area that have built immediately adjacent to the sidewalk. The public hearing was closed. With a considerable improvement being made to the structure and an exact replacement of location is desired, staff recommended approval.

Mrs. Clayton moved to approve AB-05-14 based on the following finding of fact that special conditions and circumstances apply that are specific to this property. Mr. Kirsch seconded the motion which passed as follows:

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

Nays: None (0)

AB-05-15

Skyline Chili will be locating a new restaurant at 1704 North Barron Street, zoned 'C-1' General Commercial. They wish to offer a drive-thru and apply for the conditional use permit. This application received favorable recommendation at the August 9 Planning Board meeting. Ralph Redwine represents this request.

Chairman Kline opened the Public Hearing. Mr. Redwine explained that drive-thrus are typical for this type of restaurant and the majority of this type of establishment in the vicinity have a drive-up. The Public Hearing was closed. Mr. Wehrley noted that the proposal is a good example for a drive-thru unit--the cue line, the exit lanes, etc.; in addition, parking for facility is more than adequate. Staff recommended approval.

Ms. Conley moved to approve AB-05-15 based on the application meets the requirements of Chapter 1163.03(a) and (b) to allow a drive-thru. Mrs. Clayton seconded the motion which passed as follows:

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

Nays: None (0)

OLD BUSINESS

a. An update was given on Terri Roach Photography. While a zoning amendment had been adopted earlier this year which allowed this activity, this establishment has not received its certificate of occupancy and is conducting business. Further, a sign has been located in the front of the business; without a certificate of occupancy having been issued, a sign application has not been considered and compliance cannot be determined. The Police Division served the official letter from Mr. Wehrley to Mrs. Roach on Friday, August 19, 2005.

b. An update was given on the burned property located on South Barron Street, owned by Greg Parsley. Plans were being formulated by staff so as to proceed with the various legal requirements of demolition.

NEW BUSINESS

a. It was noted that a sign has been located on a house at Mechanic and Barron Streets and will be investigated.

ADJOURN

Mr. Kirsch moved to adjourn the meeting. Mrs. Clayton seconded the motion which passed as follows:

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

Nays: None (0)

__________________________________ _______________________________

Acting Secretary Chairman