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, JANUARY 24, 2005

A regular meeting of the Eaton Planning, Zoning and Building Appeals Board was called to order at 7:30 p.m., Monday, January 24, 2005. The Secretary called the roll and reported the following:

Present: Dave Kirsch

Tom Jordan

Brenda Conley

Tom Kline

Absent: Nancy Clayton

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

Minutes

Minutes were accepted for the meeting held December 27, 2004.

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

Ayes: Kirsch, Jordan, Kline (3)

Nays: None

Abstain: Conley (1)

Reorganization of the Board

Mr. Jordan made the motion to nominate Mr. Kline as Chairman for a one-year term ending January 23, 2006. Mr. Kirsch seconded the motion and passed as follows:

Ayes: Kirsch, Jordan, Conley (3)

Nays: None

Abstain: Kline (1)

Mr. Jordan made the motion to nominate Ms. Conley as Vice Chairman for a one-year term ending January 23, 2006. Mr. Kirsch seconded the motion and passed as follows:

Ayes: Kirsch, Jordan, Kline (3)

Nays: None

Abstain: Conley (1)

Oath

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

AB-04-18 - Napier - Variance

At the December Appeals Board meeting this item was tabled.

Mr. Jordan made the motion to "untable" AB-04-18. Mr. Kirsch seconded the motion and passed as follows:

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

Nays: None

The applicant has applied for a variance from the City's 'R-1A' side yard setback requirements for lot 1978 and part out lot 170, located at 808 East Avenue. The applicant wants to build a new house on this vacant lot. Planning Board recommended denial of this

AB-04-18 - Napier - Variance (cont.)

application. Chairman Kline opened the public hearing. Mrs. Ann Napier represented this application. Board members again stated that this is a self-created hardship by building a home that is too wide for the lot.

Mr. Jordan made the motion to deny AB-04-18, because this application does not meet the applicable standards set forth is Chapter 1133.07, based on the findings of fact there are no special conditions which are peculiar to the property and the alleged problem was self-created by the applicant. Mr. Kirsch seconded the motion and passed as follows:

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

Nays: None

Old business

Pizza Hut was before the Board last month for a conditional use request to allow a drive-thru window. The conditional use was granted. Pizza Hut has now revised their plans and will be removing the drive-thru window and making the restaurant larger.

The Eaton Trough was discussed regarding the progress of the removal of the fence and the temporary sign. There have been no changes to date.

New business

Mr. Jordan informed members that at the Planning Board January meeting they voted to change their meeting time to 7 p.m. and would the Appeal Board interested in changing their meeting time as well.

Mr. Jordan made the motion to change the Appeals Board meeting to 7 p.m. Ms. Conley seconded the motion and passed as follows:

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

Nays: None

City Manager Dave Daily informed the Board that Mr. Doug Spitler resigned from his position as City Engineer effective January 1, 2005 and introduced Mr. Joe Ferriell as Acting City Engineer.

Mr. Jordan stated that the UDO is back with the Planning Board for the finishing touches, with plans to be back to Council by the end of February for their approval.

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

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

Nays: None

_________________________________ ________________________________

Secretary Chairman