MEETING OF THE EATON PLANNING BOARD
ON NOVEMBER 14, 2006
AT 7:00 P.M., IN COUNCIL CHAMBERS
The Eaton Planning Board met in regular session in Council Chambers on Tuesday, November 14, 2006, at 7:00 p.m.
The roll was called and the following were found to be:
Present : Stanley Spencer
Tim Lane
Harold Geeting
Gary Wagner
Tom Jordan
Absent: Ron Coleman
Steve Deffner
Also in attendance were City Manager Dave Daily, Projects Manager Joe Ferriell, Mayor Bob Stonecash, Building Inspector Jim Ankrum and Law Director Jill Richards.
MINUTES:
The minutes of the September 12, 2006 meeting were read. A motion to approve the minutes was made by Gary Wagner and seconded by Harold Geeting. The motion passed as follows:
Ayes: Spencer, Lane, Geeting, Wagner, Jordan (5)
Nays: None
City Manager Dave Daily introduced Jill Richards as the new Law Director. Jill had a brief career as an educator and then went into law. She went to the University of Dayton and received her law degree from there.
SWEARING IN:
All members of the audience anticipating to testify before the Board were asked to raise their right hand and be sworn in. The secretary administered the oath or affirmation to the audience.
PB-06-05 - Conditional Use Oyler Construction Co., - Brad Oyler - St. Clair Street:
The Applicant has applied for a Conditional Use permit to allow for construction of two Upper Floor Dwelling Units over a newly constructed commercial unit.
Brad Oyler, of Oyler Construction was present on behalf of the applicant. Mr. Oyler explained that they had a piece of property, that was formerly known as the Shaver Building, and it had been an eyesore in the community for quite a few years. Oyler Construction demolished the former building and now have a piece of property that they have been struggling with to decide what to do with it. They are trying to develop a commercial building with three upper floor dwelling units. Oyler Construction would maintain their offices in the lower floor of the building and then the additional commercial units would be leased out.
Mr. Oyler informed the Board that Oyler Construction is going to purchase a piece of land, next to Time Warner Cable. This strip of land would be used for the business and residential parking requirements. Mr. Oyler informed the Planning Board that at present they do have an agreement with the present owners.
Tom Theobald, adjoining neighbor of the property at issue, addressed the Board with his concerns regarding the amount of privacy he would have with the building of a three-story building. They have lived in the area for 25 years and he is also concerned with the present traffic in the area and then added congestion of another business and residence. Mr. Theobald had signatures and letters of concerned neighbors. However, these letters and/or signatures were un-notarized and thus they could not be presented to the Planning Board.
Joe Ferriell, Projects Manager gave the staff review. The Specific Standards and General Standards, as required in the UDO for property in the ‘C-1’ General Commercial District, are met so far as what has been submitted. Mr. Ferriell noted they will still need to provide a Site Plan and a Building Plan before the matters of parking and traffic flow can be approved. Further, if this Conditional Use is approved, it will be contingent on the set back Variance, that is pending with the Appeals Board, being approved.
The Planning Board considered all of the above and determined that the application met all the required criteria for approval.
Mr. Wagner made a motion to approve this application contingent on the approval of the set back Variance from the Appeals Board. The motion was seconded by Tim Lane and passed as follows:
Ayes: Spencer, Lane, Geeting, Wagner, Jordan (5)
Nays: None
OLD BUSINESS:
City Manager Dave Daily introduced Jim Ankrom to the Planning Board. He explained that Bob Wehrley will be retiring in December and Jim will step into that position. Jim was with the Public Works Department previously and will be a great addition to the Building Department. He will preside over the Appeals Board and will also attend Council and Planning Board meetings.
Mr. Wagner took this opportunity to ask Mr. Ankrom about what was going on at the location of the old Ron’s Sweet Shop on Main Street. Jim told him that all they had heard was rumors and Bob has been in contact with them. From what everyone can tell, Mr. Hensley is not doing anything against the law at this time. PB-06-04, a Conditional Use Application for Norma J. Stapleton, at this address, was tabled in September. They were asking for a change of use, but as of this date they have not contacted the Projects Manager with any additional information.
NEW BUSINESS:
We need to look at Upper Floor Dwelling Units, on Page 201 of the UDO and make changes in the first sentence, The purpose of this use is to allow upper floor dwelling units in the C-1 and C-2 Districts. Jill will record this and corrections will be made accordingly in the next scheduled text amendments to the UDO.
ADJOURN:
Stanley Spencer made a motion to adjourn and it was seconded by Tim Lane and passed.
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Secretary Chairman