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, MAY 23, 2005

A regular meeting of the Eaton Planning, Zoning and Building Appeals Board was called to order at 7:00 p.m., Monday, May 23, 2005. The Secretary called the roll and reported the following:

Present: Dave Kirsch

Tom Jordan

Brenda Conley

Nancy Clayton

Tom Kline

Absent: None

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

Minutes

Minutes were accepted for the meeting held April 25, 2005.

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

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

Nays: None

Abstain: Conley (1)

Oath

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

AB-05-08 - YMCA - Conditional Use

The applicant has applied for a conditional use to be allowed a child day care at its facility located on West Washington Jackson Road. The zoning is P-1, Professional Services District. Chairman Kline opened the public hearing. David Fourman was here to represent this application. The YMCA wants to make a change in their occupancy to meet with the licensing requirements for a day care. Chairman Kline closed the public hearing. The YMCA is looking to provide child care to school age children (1^st through 8^th grade) at their facility before and after school with the hours of operation being 6-8 a.m. and 3-6 p.m. During spring break and summer vacation the hours of operation would be 6 a.m. to 6 p.m. The total number of children would not exceed thirty-six (36). No additional signage is needed.

Mr. Jordan made the motion to approve AB-05-08. Based on these findings of fact: 1) meets all the specific requirements of 1163.03. Mr. Kirsch seconded the motion and passed as follows:

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

Nays: None

AB-05 09 - Family Video - Variance

The applicant has applied for a variance from the City's sign regulations for the new Family Video store located at the corner of East Lexington Road and North Barron Street, which is zoned C-3, Community Commercial. The applicant is requesting a variance (1) to be allowed to have two structure type signs (monument and wall sign) instead of the

allowed one structure type, and (2) to be allowed three business signs (1 monument and 2

wall signs) instead of the allowed two business signs. The applicant's total signage is within the allowable total sign area under current zoning. Chairman Kline opened the public hearing. Lisa Anderson was here to represent this application. The monument sign

AB-05 -09 - Family Video - Variance (cont.)

has a total area of 50 square feet and the two wall signs are 40 square feet each. Chairman Kline closed the public hearing.

Mr. Jordan made the motion to approve AB-05-09. Based on these findings of fact:

1) special conditions do exist with this being a corner lot, 2) this same situation was approved for another location on North Barron Street, and 3) will not be a change in zoning district. Mrs. Clayton seconded the motion and passed as follows:

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

Nays: None

AB-05-10 - BT Enterprises dba Wash Rite Car Wash - Conditional Use

The applicant has applied for a drive-through retail conditional use permit to put a 2-bay touchless automatic car wash on the smallest empty lot at the Preble Crossing Development. The zoning of this lot is c-1, General Commercial. (At this April meeting, the Appeals Board made a determination of a similar use and found the proposed use to be similar to drive-through retail.) Chairman Kline opened the public hearing. Tom Sears was here to represent this application. Chairman Kline closed the public hearing. The small size of this lot would make it difficult to contain a larger use such as a restaurant that would also need to meet parking requirements.

Mr. Jordan made the motion to approve AB-05-10. Based on these findings of fact:

1) it meets the general and specific requirements per Chapter 1163.03. Mr. Kirsch seconded the motion and passed as follows:

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

Nays: None

Old business

The sidewalk has been fixed at 400 West Main Street. The burned home at East Somers and North Maple is slated for demolition within the next few weeks. Mr. Parsley's deadline for demolition of the South Barron Street property is to be complied with by early June or the City will be tearing it down.

New business

Mr. Kirsch has received comments and calls about the City charging $125 an hour for mowing lots that are not being maintained. The property across the street is in the process of being sided and one of the vehicles has been removed. The addition on Division Street will be done as a conditional use as an "in-law suite" with the new zoning regulations.

Adjourn

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

Ayes: Kirsch, Jordan, Conley, Clayton, Kline

Nays: None

_____________________________________ _________________________________

Secretary Chairman