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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, OCTOBER 23, 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, October 23, 2007. The Secretary called the roll and reported the following:
Present: Dave Kirsch (arrived at 7:01 p.m.)
Mary Hicks
Nancy Clayton
Tom Kline
Absent: Tom Jordan
City Manager Dave Daily, Law Director Jill Allen, Building Inspector Jim Ankrom, Electric Inspector Bob Wehrley and Projects Manager Joe Ferriell were also present.
MINUTES
Mrs. Clayton made the motion to approve the minutes as written for a regular meeting held on October 22, 2007. Ms. Hicks seconded the motion and passed as follows:
Ayes: Hicks, Clayton, Kline (3)
Nays: None
OATH
The oath was administered to the audience members who will speak this evening.
AB-07-07 - FOUT - Appeal
Mr. Kirsch made the motion to untable AB-07-07. Ms. Hicks seconded the motion and passed as follows:
Ayes: Kirsch, Hicks, Clayton, Kline (4)
Nays: None
The applicant is seeking an appeal to allow the bonding for an in-ground pool to remain as installed. This item was tabled in August and September to allow the applicant to find a solution. The Fout’s contractor is unwilling to come forward and testify as to the installation for the bonding of the in-ground pool or to sign an affidavit confirming the same. Mr. & Mrs. Fout are willing to take complete responsibility for the pool installation as it exists. However, if the board overturns the electrical inspector’s determination and anything should ever happen the City could be liable, as the applicant has not met the requirements of the National Electric Code.
Ms. Hicks made the motion to deny AB-07-07. Based on the following findings of fact: 1) affirmed the June 13, 2007, determination of the electrical inspector; 2) unable to establish if all the rebar has been properly installed, as required by section 680.26 of the National Electric Code; and 3) the contractor responsible for the installation cannot/will not confirm that the requirements of the National Electric Code (see above) have been met in reference to the rebar. Mr. Kirsch seconded the motion and passed as follows:
Ayes: Kirsch, Hicks, Clayton, Kline (4)
Nays: None
AB-07-08 - EATON COMPRESSOR - Variance
The applicant is seeking a variance from the City’s I-2 side yard setback requirements to construct an open lean-to an existing structure. They are seeking a 5' side yard setback. Chairman Kline opened the public hearing. Mr. Jim Clevenger, Eagle Fence & Construction, was here to represent this application. Mr. Clevenger said the lean-to is needed so that tanks used by the business can be protected from the weather and that if the variance isn’t granted they will forced to relocate outside of the city limits. They will also be installing a 6' fence along that side lot line that will stop at the front wall of the building. Chairman Kline closed the public hearing.
Mrs. Clayton made the motion to approve AB-07-08. Based on the following finding
of fact: 1) special conditions do exist on the property the way it is situated. Mr. Kirsch
seconded the motion and passed as follows:
Ayes: Kirsch, Hicks, Clayton, Kline (4)
Nays: None
AB-07-09 - RESSLER - Variance
The applicant is seeking a variance from the City’s R-2 side yard setback requirements to widen the driveway. He is requesting a 4'-8" side yard setback. Chairman Kline opened the public hearing. Mr. Mike Ressler, brother of Roger Ressler, was here to represent this application. Mr. Ressler wants to widen the drive so he can get his extra vehicle off of the street to protect it from further damage from passing motorists and pedestrians and also, when needed, to allow for easier snow removal. Chairman Kline closed the public hearing.
Mrs. Clayton made the motion to approve AB-07-09. Based on the following finding of fact: 1) special circumstances exist with the street and the number of cars. Ms. Hicks seconded the motion and passed as follows:
Ayes: Kirsch, Hicks, Clayton, Kline (4)
Nays: None
AB-07-10 - ABUNDANT HEART IN CHRIST CHURCH/SOWDER - Variance
The applicant is seeking a variance from the City’s R-2 lot & sign area, setbacks and off-street parking requirements to use the structure as a church. The building almost fills the lot with the exception of the parking areas. Lot area is approximately 7,215 sq. ft., there are 15 off-street parking spaces provided 51 are required, and the existing wall sign is approximately 26 sq. ft. Chairman Kline opened the public hearing. Mr. Ray Sowder was here to represent this application. It has been more than two years since a church has occupied the building. Chairman Kline closed the public hearing.
Mrs. Clayton made the motion to approve AB-07-10. Based on the following finding of fact: 1) special conditions exist that are peculiar to that land. Mr. Kirsch seconded the motion and passed as follows:
Ayes: Kirsch, Hicks, Clayton, Kline (4)
Nays: None
OLD BUSINESS
The change in meeting dates has been approved by Council. The board’s next meeting will be held Monday, November 12, 2007, at 6 p.m. Subsequent meetings will be held at 7 p.m.
NEW BUSINESS
Mr. Kirsch wanted to know if the Fout’s (case AB-07-07) will be allowed to use their in-ground pool. The Fout’s will be receiving a letter regarding the outcome of their case and they will be told in that letter that use of the pool is not permitted until this issue is resolved.
ADJOURN
Mr. Kirsch made the motion to adjourn. Mrs. Clayton seconded the motion and passed as follows:
Ayes: Kirsch, Hicks, Clayton, Kline (4)
Nays; None
____________________________________ _________________________________
Secretary Chairman