Board Of Zoning Appeals

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Board members present: William Kidd, Leroy Ryerson, Thomas Spears, Mike Walters, and Robert Werner.  Also present:  Jason Whalen and Barbara Knisely, Community Development Coordinator.

The Board of Zoning Appeals (BZA) meeting was called to order by Robert Werner at 7:30 p.m.

Motion by Leroy Ryerson, seconded by William Kidd to approve the August 3, 2016, Minutes as written. 5 ayes

Chair Werner swore in Jason Whalen who was about to give testimony concerning the request for a variance to allow the lot split at 7000 Finzel Road. Mr. Whalen testified that he is a licensed real estate agent, and is authorized to act on behalf of the owners, Mr. and Mrs. Vorwerk, for the request for a variance and split of this property.

The only Agenda item was to review, discuss and finalize a request for a variance to allow a split of a 17+ acre parcel on Finzel Road, just south of Waterville Street. The owners of the property, Gregory and Lori Vorwerk have requested a split of a 2.5 acre parcel that they wish to sell so that a residence can be built.  This property is currently zoned R-3.

A variance is required since the proposed lot will have 151.63 feet of frontage along Finzel Road with a depth that varies from 673.31 feet to 773.5 feet back to Blue Creek which is located on the westerly end of the lot. This is contrary to Chapter 1226.02(E)(4) of the Whitehouse Subdivision Regulations which states that a lot over 20,000 square feet cannot be 2.5 times deeper than its width.

Mr. Whalen testified that a large portion of the proposed lot is located within the flood plain and is not buildable. When the flood plain portion is removed from the square footage, the lot most likely would meet the width / depth ratio.  They feel that including the flood plain and creek bank (westerly portion of the lot) with the Finzel Road frontage makes a very attractive lot and the future owner will maintain and care for the flood plain areas to enhance the view on their property.

Mr. Whalen added that soil tests have been performed and the Lucas County Health Department has approved the installation of a septic tank on the property. He understands that the owner must run water lines to this lot (and the neighboring lots).  The Village has agreed to allow the installation of septic tanks until sanitary sewer lines are installed and available to these properties in the future.  At that time, the properties will be required to tap into the sanitary sewer and abandon the septic tanks.

Mike Walters moved to grant the variance for the depth / width ratio and allow the split of this lot from the larger 17+ acre parcel. Tom Spears seconded the motion.  Motion passed with 5 ayes.

Ms. Knisely reminded the Board members that a Public Hearing would be held on November 7, 2016, before the Planning Commission concerning the proposed Zoning Text Amendments. Several of the BZA members participated in the review of the zoning code and will likely be interested in attending the Public Hearing.  A second hearing will be held before Village Council on Tuesday November 15, 2016, at which time Council will vote on the proposed amendments.

With no further business to come before the Board, Mike Walters moved to adjourn, Tom Spears seconded the motion. Motion passed 5-0 and the meeting was adjourned at 7:45 pm.

Board members present: William Kidd, Leroy Ryerson, Mike Walters, and Robert Werner.  Board members absent:  Thomas Spears.  Also present:  Joe Wielinski and Barbara Knisely, Community Development Coordinator.

The Board of Zoning Appeals (BZA) meeting was called to order by Robert Werner at 7:30 p.m. This being the first meeting in 2016, officers need to be elected.

Leroy Ryerson nominated Robert Werner as Chair, Mike Walters seconded the nomination. 4-0 to elect Robert Werner as Chair.

Leroy Ryerson nominated Mike Walters as Vice chair, Robert Werner seconded the nomination. 4-0 to elect Mike Walters as Vice chair.

Robert Werner nominated Leroy Ryerson as Secretary, Mike Walters seconded the nomination. 4-0 to elect Leroy Ryerson as Secretary.

Motion by Leroy Ryerson, seconded by Mike Walters to approve the December 2, 2015, Minutes as written. 4 ayes

Chair Werner swore in Joseph Wielinski, who was about to give testimony concerning his request for a variance.

The only Agenda item was to review, discuss and finalize a request for a variance to allow a detached garage to be built at 6838 Providence Street. The applicant is requesting that the garage be allowed, without the required ten (10) foot rear yard setback.

Mr. Wielinski testified that his residence is located in a C-2 District. The proposed garage would abut a commercial parking lot/storage yard owned by the Dotson Company and the parking lot for an apartment building on Otsego Street.  He will line the new garage up with the large garage owned by the neighbor to the north, which is also a residence located in the C-2 district.

Mr. Wielinski will be removing an old wood shed and cutting down overgrown brush at the same location he is proposing to build the new garage. He feels that the construction of the 32’ x 24’ garage will greatly enhance the appearance of the property.

Mr. Wielinski will have a survey done to be certain of the lot lines. The new garage will be built approximately five (5) feet from the rear lot line, instead of the required ten (10) feet.  Until a survey is completed, Mr. Wielinski is not sure of the exact variance needed, but it will be eight (8) feet or less.

Leroy Ryerson moved to grant a variance of eight (8) feet or less to the rear yard setback. Robert Werner seconded the motion.  Motion carried 4-0.

With no further business to come before the Board, Leroy Ryerson moved to adjourn, William Kidd seconded the motion. Motion passed 4-0 and the meeting was adjourned at 7:40 pm.

BZA – December 2, 2015

Board members present:  Thomas Spears, Leroy Ryerson, Mike Walters, and Robert Werner.  Also present:  Ash Lemons, Matthew Lee, and Barbara Knisely-Community Development Coordinator.

The Board of Zoning Appeals (BZA) meeting was called to order by Vice-Chair Robert Werner at 7:30 p.m.

Motion by Leroy Ryerson, seconded by Tom Spears to approve the August 5, 2015, Minutes as written.  4 ayes

Mr. Werner swore in Ash Lemons and Matthew Lee, members of the audience who were about to give testimony.

The only item on the Agenda was to review, discuss and finalize a request for a variance to allow a front porch to be constructed at 6932 Westwyck Drive, which would encroach into the required 35’ front yard setback.

Vice Chair Werner asked contractor Matthew Lee if there was anything he would like to clarify or add to the information provided in the staff report.

Mr. Lee confirmed that Accessible Renovations had been hired by the Ability Center to construct a level deck platform porch with three steps on the residence at 6932 Westwyck.  The homeowner is in poor health and it is difficult for her to safely use the existing concrete steps that do not have a handrail.  It is also possible that she will require a wheelchair in the future.  The porch, as designed, can be easily changed to accommodate a ramp, if necessary.

Motion by Tom Spears, seconded by Mike Walters, to grant a 2.5’ variance to the required 35’ front yard setback for the residence located at 6932 Westwyck Drive, to allow the construction of a front porch with three steps leading to the sidewalk.  4 ayes

Ms. Knisely informed Matthew Lee, that as part of the variance approval, “as built” plans and photographs will be required along with the final inspection/approval signed by the Maumee Inspection Department.  Mr. Lee confirmed that he understood this requirement.

Mr. Lemons from the Ability Center briefly spoke about the services they provide and passed out informational brochures.

With no further business to come before the Board, a motion was made by Tom Spears, seconded by Mike Walters to adjourn the meeting.  4 ayes

Meeting adjourned at 7:43 pm.

BZA – August 5, 2015

Board members present:  Thomas Spears, Leroy Ryerson, Mike Walters, and Robert Werner.  Also present:  Scott Giest, Brian Heil, Kathy Wilson and Barbara Knisely-Community Development Coordinator.

The Board of Zoning Appeals (BZA) meeting was called to order by Vice-Chair Robert Werner at 7:30 p.m.

Robert Keogh recently resigned from the Board of Zoning Appeals due to his appointment to serve out an unexpired term on Village Council.

Mr. Werner swore in all members of the audience who were about to give testimony.

Mr. Werner informed the audience that according to the zoning code, there are four conditions that must exist in order for the BZA to grant a variance:

  1. The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not apply generally to other land or buildings in the vicinity.
  2. The granting of the application is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the applicant.
  3. The condition from which relief or a variance is sought did not result from action by the applicant.
  4. The authorizing of the variance will not impair an adequate supply of light and air to    adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the health, safety, convenience or general welfare of the inhabitants of the Village.

Motion by Leroy Ryerson to approve the December 3, 2014, Minutes as written.  Seconded by Thomas Spears.  4 ayes.

The first Agenda item was to review a request for a variance from Hope United Methodist Church for a new electronic sign at 10610 Waterville Street.  Mr. Brian Heil from Toledo Sign Company stated that the Church is looking to upgrade the existing 20 year old sign with a new electronic message sign.  The current sign is 48 square feet.  The new sign is 40 square feet but sits on a base that must be included in the total square footage, for a total of 63 square feet.  The base is needed so that the message portion of the sign sits up off the ground and can be easily read even in the winter months when snow covers the ground.

The new electronic sign will be programed using software to announce special events, Sunday services, community luncheons, day care hours, etc.  The software determines how often the message changes and it was understood that Chapter 1259.11 of the zoning code does not allow flashing or fluttering lights, moving patterns of light, and the frequency of message change must be no more than every 20 seconds.  Discussion followed concerning hours that the sign would be lit due to its location in a residential district.

Mr. Scott Giest confirmed that all other signs in the front yard would be removed (Hope Church, Hope Day Care, Clothing Closet and Community Luncheon), as this information can be announced/advertised on the proposed electronic sign.

Leroy Ryerson moved to approve the eighteen (18) square foot variance to allow the construction of the sixty-three (63) square foot electronic sign in the front of Hope Church with the condition that the sign be turned off at 10:00 pm, except for special occasions (Christmas eve, New Year’s eve, etc.).  Mike Walters seconded the motion.  Motion passed 4-0.

The Board then discussed the request for a variance to allow the two remaining signs on the west and south awnings advertising the Day Care Center.  If the two awnings are allowed to remain with the construction of the new sign, the total square footage on the building would amount to 117 square feet, over the allowable amount of 96 square foot per building.

Leroy Ryerson moved to grant the variance, no second was received.  At that point, Hope Church representatives agreed to remove the lettering from one awning, which will bring the total signage for the building to under ninety-six (96) square feet.

Ms. Knisely reminded Mr. Heil and Mr. Giest that zoning and building permits will be required before construction of the new sign.

The next agenda item was a request from Kathryn Wilson of Uncle Green’s Market at 6711 Gilead Street for signage.  Ms. Wilson explained that her store is located in the former Dollar General store building, which is not visible from Providence Street.  She is requesting a variance to place a sign advertising her business on the building located at 6725 Providence Street contrary to Chapter 1259.10(D).  The owner of that building has given her permission for a 24 square foot sign (2 x 12).

After much discussion, Tom Spears made a motion to grant the variance to allow a sign contrary to Chapter 1259.10 (D) of the zoning code.  Bob Werner seconded the motion.  Motion failed with a 2-2 vote (Spears, Werner-aye, Walters, Ryerson-nay).

The BZA then discussed Ms. Wilson’s request for a second variance, to allow an A-frame sign at the corner of Providence and Toledo Streets, contrary to Chapter 1259.08 (G)(2).  The Board advised that the sign would not be allowed in the Village owned park property, plaza areas, or along the Wabash Cannonball Trail.  If approved, it must be placed on or near the sidewalk, as long as there is enough space for pedestrians and/or wheelchairs to pass.

After much discussion, Mike Walters moved to grant a variance for an A-frame sign to be located at the intersection of Toledo and Providence Streets advertising Ms. Wilson’s business at 6711 Gilead Street for one year.  Ms. Wilson was instructed to reappear before the BZA in August of 2016 for a review of the variance to confirm no problems arose from the placement.  Tom Spears seconded the motion, motion passed 4-0.

Ms. Wilson will obtain an A-frame sign permit from the Village.  Mr. Werner suggested advertising Uncle Green’s Market on social media.  Ms. Knisely added that Ms. Wilson is always welcome to hand out flyers advertising her business at the weekly Farmers’ Markets on Saturday mornings.

With no further business to come before the Board, a Motion was made by Tom Spears to adjourn the meeting.  Mr. Walters seconded the Motion.  4 ayes

Meeting adjourned at 8:10 pm.