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MINUTES OF A REGULAR MEETING OF THE CITY OF EATON APPEALS BOARD HELD IN COUNCIL CHAMBERS OF THE MUNICIPAL BUILDING ON
MONDAY, AUGUST 27, 2007, AT 7:00 P.M.
Chairman Kline called to order a regular meeting of the City of Eaton Appeals Board at 7:00 p.m., Monday, August 27, 2007. The Secretary called the roll and reported the following:
Present: Dave Kirsch
Tom Jordan (arrived at 7:05 p.m.)
Mary Hicks
Nancy Clayton
Tom Kline
Absent: None
City Manager Dave Daily, Law Director Jill Allen, Building Inspector Jim Ankrom, Electrical Inspector Bob Wehrley, Chief Building Official Bob Reynolds, Projects Manager Joe Ferriell and Mayor Bob Stonecash were also present.
MINUTES
Mrs. Clayton made the motion to approve the minutes as written for a regular meeting held on Monday, June 25, 2007. Ms. Hicks seconded the motion and passed as follows:
Ayes: Hicks, Clayton, Kline (3)
Nays: None
Abstain: Kirsch (1)
OATH
The oath was administered to the audience members who will speak this evening.
AB-07-04 - FIRST BAPTIST CHURCH - VARIANCE
The applicant has applied for a variance to be allowed to construct an addition to the west side of the church. They’re applying for a variance from the City’s R-1A front yard setback requirements. Chairman Kline opened the public hearing. Mr. Dave Spears was here to represent this application. The church wants to remove the canopy and use the existing slab and approximately another 2' to provide additional restroom facilities for its parishioners. To place the addition elsewhere on the lot would eliminate parking or require passage through additional rooms. When completed the addition will be approximately 20' from the existing sign. Chairman Kline closed the public hearing.
Mrs. Clayton made the motion to approve AB-07-04. Based on the following findings of fact: 1) meets the standards for approval. Mr. Jordan seconded the motion and passed as follows:
Ayes: Kirsch, Jordan, Hicks, Clayton, Kline (5)
Nays: None
AB-07-05 - McDONALD’S - VARIANCE
The applicant has applied for a variance to place 205-square feet of wall signs, 32-square feet & 4' in height for directional signs and a 33-square foot electronic message board (EMB) to be placed with the existing 172-square foot pole sign. They’re applying for a variance from the City’s C-1 sign area & number of signs per sign type requirements and directional sign area and height requirements. Chairman Kline opened the public hearing. Mr. Ed Thompson, A-Plus Signs, was here to represent this application. The zoning code permits one 78-square feet wall sign. Directional signage typically does not require a permit but they are requesting four signs 4' in height and 8-square feet in area. The owner of the business, Mr. Chuck Hamilton, stated he was willing to eliminate some of the wall signage and the arches on the directional signs to bring them into compliance with height requirements. Mrs. Clayton asked if this item could be temporarily tabled so the concerned parties could discuss what wall signs they’d be willing to eliminate then return to the meeting to discuss the matter further. The applicant agreed that they would like the application temporarily tabled.
AB-07-05 - McDONALD’S - VARIANCE (CONT.)
Mr. Kirsch made the motion to temporarily table AB-07-05 to allow for further discussion. Mrs. Clayton seconded the motion and passed as follows:
Ayes: Kirsch, Jordan. Hicks, Clayton, Kline (5)
Nays: None
AB-07-06 - GRACEWORKS LUTHERAN SERVICES/ONCE AROUND SHOP - VARIANCE
The applicant has applied for a variance to replace an existing wall sign with a projecting nameplate sign. They’re applying for a variance from the City’s C-3 sign type requirements and for the sign to project 5' from the building. Chairman Kline opened the public hearing. Ms. Cheryl Robinson, manager of marketing communication, for Graceworks Lutheran Services and Ms. Jenny McCarty, manager, of the Once Around Shop were here to represent this application. They want to install a projecting nameplate sign above the entrance door as it was before they installed the existing wall sign. Removal of the previous projecting sign has made it difficult for people to find the store and greatly reduced business. Chairman Kline closed the public hearing.
Mrs. Clayton made the motion to approve AB-07-06. Based on the following findings of fact: 1) special circumstances do exist; 2) the projecting nameplate sign is allowed as the sign type; and 3) the proposed sign size of 4'x5'. Ms. Hicks seconded the motion and passed as follows:
Ayes: Kirsch, Jordan, Hicks, Clayton, Kline (5)
Nays: None
AB-07-05 - McDONALD’S - VARIANCE
Mr. Kirsch made the motion to untable AB-07-05. Mrs. Clayton seconded the motion and passed as follows:
Ayes: Kirsch, Jordan, Hicks, Clayton, Kline (5)
Nays: None
They will remove the arches from the four directional signs and remove the “McDonald’s” signs from the wall at north and southeast locations.
Mr. Kirsch made the motion to approve AB-07-05. Based on the following findings of fact: 1) it meets the standards as they have been outlined. Mr. Jordan seconded the motion and passed as follows:
Ayes: Kirsch, Jordan, Hicks, Clayton, Kline (5)
Nays: None
AB-07-07 - FOUT - APPEAL
The applicant has applied for an appeal to allow the bonding for an in-ground pool to remain as it was installed. Mr. Bob Wehrley, part-time electrical inspector, was present to clarify what was inspected for the in-ground pool installation at 305 Delaware Crossing. Upon inspection it was found that not all metal parts of the pool, steel, rebar, etc. located in the deck of the pool were not connected together, steel was not laid out in the 12"x12" grid pattern specified by the National Electric Code and wrapping the copper conductor around the rebar is not an electrical connection. The connection has to be made with a pressure clamp listed for use in concrete. A red inspection tag was left on site stating that the steel work needed to be completed and reinspected. The concrete contractor came in after the inspection, completed the steel and poured the concrete without an inspection. It is unknown if that steel work was completed. Mr. Wehrley suggested to Mrs. Fout, after the concrete was poured, that an electrical engineer would help to resolve the situation. Mrs. Fout stated she talked to an electrical person and that the rebar was encased in an epoxy and was not required to be bonded. Some of the rebar inspected by Bob was epoxy coated. Mr. Tony Fout stated that he did the wiring of the pool and talked with Bob when he was on-site about the electrical requirements (prior to inspection) about the grounding of the pool.
AB-07-07 - FOUT - APPEAL (CONT.)
He told him what he planned on doing and was told it would be fine. After the inspection failed the applicant’s were given the bonding codes from the actual codes in writing from the city. Mr. Fout stated that he knows that what is there is wrong and he (and Tami) agree that it’s not bonded to the rebar and they want a solution here today. If possible Mr. Wehrley suggested giving the Fout’s until September 24, 2007, to find a certified electrician and arrive at a solution.
Mrs. Clayton made the motion to table AB-07-07 to give the Fout’s until September 24, 2007, to find a solution and present it to the Board at the next scheduled meeting. Mr. Jordan seconded the motion and passed as follows:
Ayes: Kirsch, Jordan, Hicks, Clayton, Kline (5)
Nays: None
EXECUTIVE SESSION
Mr. Kirsch made the motion to enter into executive session to discuss legal matters. Mr. Jordan seconded the motion and passed as follows:
Ayes: Kirsch, Jordan, Hicks, Clayton, Kline (5)
Nays: None
Ms. Hicks made the motion to return to regular session. Mrs. Clayton seconded the motion and passed as follows:
Ayes: Kirsch, Jordan, Hicks, Clayton, Kline (5)
Nays: None
OLD BUSINESS
There was nothing to discuss.
NEW BUSINESS
Board members were asked their opinions on meeting scheduling. It will be discussed further at the next scheduled meeting.
ADJOURN
Mrs. Clayton made the motion to adjourn. Mr. Jordan seconded the motion and passed as follows:
Ayes: Kirsch, Jordan, Hicks, Clayton, Kline (5)
Nays: None
___________________________________ _________________________________
Secretary Chairman