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MEETING OF THE EATON PLANNING BOARD

ON FEBRUARY 26, 2007

AT 7:00 P.M., IN COUNCIL CHAMBERS

 

The Eaton Planning Board met a special session in Council Chambers on Monday, February 26, 2007, at 7:00 p.m.  This meeting had to be rescheduled due to weather.

 

The roll was called and the following were found to be:

            Present :        Ronald Coleman

Stanley Spencer

                                    Tim Lane

                                    Harold Geeting

                                    Gary Wagner

                                    Tom Jordan

 

            Absent: Steve Deffner

 

Also in attendance were City Manager Dave Daily, Projects Manager Joe Ferriell, Mayor Bob Stonecash, Council Member Dave Kirsch, Building Inspector Jim Ankrum and Law Director Jill Richards. 

 

 

MINUTES:

 

The minutes of the January 9, 2007 meeting were read.  A motion to approve the minutes was made by Gary Wagner and seconded by Ron Coleman. The motion passed as follows:

            Ayes:                Coleman, Spencer, Lane, Geeting, Wagner, (5)

            Nays:                None

            Abstain:           Jordan (1)

           

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.

 

 

MR-07-01 - Minor Subdivision Application -Betty & Harry Shurte -518 N. Walnut Street:

 

The applicant has applied for a Minor Subdivision to split lot 741 from their existing lot and sell a new tract to Randy and Kelly O’Dell.  The new tract will be accessible from Walnut Street and Dairy Lane but will only use the Walnut Street access. The proposed tract is not being sold as a new building site.  There is a proposed new garage to be constructed on the new site. 

 

 

With proper consent from the property owners, Mr. & Mrs. Shurte, Randy and Kelly O’Dell represented the application.  The Public Hearing was opened.  Randy and Kelly addressed the Board, and stating they wanted to purchase the lower half of Lot #741 from the Shurtes.  Randy O’Dell senior had previously purchased the upper half of the lot from the Shurtes.  At this time, there are two garages on this lot and they propose to demolish both structures and build a new garage.  Additionally, there is a small telephone pole on the lot that Mr. O’Dell is concerned about, but it doesn’t have anything to do with this Minor Subdivision application.  The new garage they have looked at is 30x56 and would fill up the lot. 

 

The Public Hearing was closed.

 

Chairman Jordan asked Projects Manager Joe Ferriell about the staff recommendation.  Mr. Ferriell said that they were in the ‘R-2’ zoning district and all of the lot requirements are met.  Mr. Ferriell stated that Mr. O’Dell will need to put a covenant on their deed that the two lots will not be sold separately in the future but, will remain together as one lot. 

 

The Board had no further questions and a motion was called for.

 

Ron Coleman made a motion for favorable recommendation and Harold Geeting seconded it.  The motion passed as follows:

 

            Ayes:                Coleman, Spencer, Lane, Geeting, Jordan (5)

            Nay:                  None

            Abstain:           Wagner (1)

 

OLD BUSINESS:

 

PB-06-04 -Conditional Use Application -Norma J. Stapleton -112 E. Main Street:

 

At the January 9, 2007 meeting this application was tabled.  Gary Wagner made a motion to untable this application and it was seconded by Harold Geeting.  The motion passed as follows:

            Ayes:    Coleman, Spencer, Lane, Geeting, Wagner, Jordan (6)

            Nays:   None

 

The Public Hearing was opened.

 

The applicant applied for a Conditional Use permit to construct a Restaurant/Tavern at the above address.  This building is in the ‘C-3’, Central Commercial District and its current use is Business/Retail/Upper level Residential.

 

Attorney-at-law, Dirk Earley, was present to represent this application.  Since this application had been tabled previously, Mr. Earley inquired if there was anything else that the Board needed?  It is now being presented again and the applicant is ready to go forward with the work inside the building as soon as this is approved.

 

 

The Public Hearing was closed.

 

Mr. Ferriell was present when the walk through was made of the building and Chairman Jordan asked him what their findings were.

 

Mr. Ferriell went over the list of the Board’s  previous concerns and his findings.  First, there was no electric to the bar, it is just free standing.  Second, there is no plumbing to the bar at this time.  Third, the electric bar signs that were present in the pictures are not plugged in, only hanging on the wall. Fourth, there was a ceiling fixture that had been replaced.  No new ones were added, they just updated the existing ones.  Fifth, there was no changes made in the restroom area, just what was previously there.  The owners are aware what work will require permits. 

 

The area in the back that was alleged to be a living area, is just a break room.  The upstairs area was not inspected at this time.  Chief Royer will return at a later date to complete this inspection. 

 

Finally, the question of "hours of business" was discussed.  Mr. Earley said that he had previously introduced that information and it was going to be until midnight during the week and 2:30 on Friday and Saturday nights: he was not sure what time they intended to open up.  He stated that the applicants were aware that this can be a condition.  He assumed that since they were discussing serving breakfast, they would be opening around 7:00 a.m., but he was not sure. 

 

Gary Wagner discussed with the Board that he thinks, "that the applicant has complied with all of our questions and demands" and "he doesn’t see where we should ask for anything else at this time."  The Board discussed about the break room, permits that are required and the opening date.  Permits will be obtained once this application is approved.  The opening date was January 2007, that didn’t happen and now Mr. Earley is not sure of the new anticipated opening date, it could take as long as one year. It was brought up that they will need to go through the Historic Review Board with their sign design and Mr. Earley is aware of that. 

 

Gary Wagner made a motion for favorable approval of this Conditional Use Application.  Mr. Wagner’s motion included the stipulation that would restrict the hours of operation from 7:00 a.m. to midnight Sunday through Thursday and 7:00 to 2:30 a.m. Friday and Saturday and it will be reviewed in one year from today’s date.  The motion was seconded by Mr. Geeting and passed as follows:

 

            Ayes:  Coleman, Spencer, Lane, Geeting, Wagner, Jordan (6)

            Nays:   None

 

 

 

NEW BUSINESS:

 

None. 

 

 

 

ADJOURN:

 

A motion to adjourn was made and passed.  Meeting was adjourned.

 

 

 

 

___________________________________   ___________________________________

                   Secretary                                                              Chairman