BOARD OF ZONING APPEALS MEETING
DECEMBER 20, 2011
I CALL MEETING TO ORDER
The meeting was called to order at 7:00 p.m.
II ROLL CALL
Members Present: William Reichert, Carolyn Ghantous, Robert Weidlich,
Ed Knox, Lawrence Hawkins III, Joe Ramirez, Jane Huber
Others Present: Randy Campion
III PLEDGE OF ALLEGIANCE
IV ELECTION OF OFFICERS FOR THE CITY OF SPRINGDALE BOARD OF ZONING
NOMINATIONS FOR CITY OF SPRINGDALE BOARD OF ZONING APPEALS CHAIRMAN
Vice-Chairman Weidlich: We will now accept nominations for the position of Chairman for Board of Zoning Appeals.
Mr. Hawkins: I nominate Bob Weidlich as Chair.
(Jane Huber seconded the nomination. No additional nominations were brought forward.)
NOMINATIONS FOR CITY OF SPRINGDALE BOARD OF ZONING APPEALS VICE-CHAIRMAN
Vice-Chairman Weidlich: Any nominations for the position of Vice-Chairman for the Board of Zoning Appeals?
Mrs. Jane Huber: I nominate Mr. Reichert.
(Mr. Knox seconded the nomination of Mr. Reichert for Vice-Chairman.)
Vice-Chairman Weidlich: Do you accept the nomination, Mr. Reichert?
Mr. William Reichert: Yes.
(No additional nominations were brought forward.)
NOMINATIONS FOR CITY OF SPRINGDALE BOARD OF ZONING APPEALS SECRETARY
Vice-Chairman Weidlich: We will move on to the position of Secretary for Springdales Board of Zoning Appeals.
Mr. Hawkins: I nominate Mrs. Huber for Secretary.
(Mr. Knox seconded the nomination of Jane Huber for Secretary.)
Vice-Chairman Weidlich: Do you accept the nomination, Mrs. Huber?
Mrs. Huber: Yes.
(No additional nominations were brought forward.)
Vice-Chairman Weidlich: We will now vote on Mr. Weidlich for Chairman.
(All Members of the Board of Zoning Appeals voted aye and Mr. Weidlich accepted the position of Chairman.)
Chairman Weidlich: And for Mr. Reichert for Vice-Chairman.
(All Members of the Board of Zoning Appeals voted aye, accepting Mr. Reichert as Vice-Chairman.)
Chairman Weidlich: And for Mrs. Huber as Secretary.
(All Members of the Board of Zoning Appeals voted aye, accepting Mrs. Huber as the Secretary.)
Chairman Weidlich: Everyone is in by unanimous vote. Thank you.
V MINUTES OF THE REGULAR MEETING OF NOVEMBER 15, 2011
(Mr. Reichert made a motion to adopt the November 15, 2011 minutes as written;
Mr. Hawkins seconded the motion and with four affirmative votes and the three new Members abstaining as they were not present at the November 2011 meeting, the Board of Zoning Appeals minutes were approved.)
Chairman Weidlich: Did everyone receive the two pages of responsibilities under the Charter and Zoning Code from the City for the Board of Zoning Appeals?
(All Members acknowledged they had received the correspondence.)
VII REPORT ON COUNCIL
(Mr. Hawkins gave a report on the December 1st and the December 7th, 2011 Council meeting.)
VIII REPORT ON PLANNING COMMISSION
(No report presented at this meeting for Planning Commission.)
IX CHAIRMANS STATEMENT AND SWEARING IN OF APPLICANTS
(No Old Business presented at this meeting.)
X. NEW BUSINESS
Chairman Weidlich: The owner of 1053 East Crescentville Road has applied for a variance to allow the elimination of the garage. Said variance is from Section 153.105(B) A single two car garage and related parking area is required
Mr. Devas Desai: I am the property owner and she is the tenant (referring to
Ms. Ginger Sy). She would like to add an exercise room in the garage so that is why we applied for the permit.
(At this time Mr. Campion read the Staff comments.)
Chairman Weidlich: We will move on to communication from the pubic; is there anyone in the audience who would like to speak on behalf of this variance request?
Ms. Ginger Sy: I live at 1053 East Crescentville Road. I have to exercise everyday and my grandchildren and my nephews spend the summers with us and I have them in my living room and on the couches and we came up with the idea of putting the exercise room out there in the garage and their game room so that everything stays out there.
(No one else came forward from the audience and the public portion of the hearing was closed.)
Mr. Reichert: I will make a motion that we grant a variance to the property of
1053 East Crescentville Road from Section 153.105(B) requiring a two car garage.
(Mr. Knox seconded the motion.)
Chairman Weidlich: At this time the Board Members may have some questions for the applicant.
Mr. Reichert: I would like to make a statement that when a variance is granted, conditions can also be placed on that variance. Whatever it might be to make it aesthetic; just keep that in mind when you grant a variance.
I do have a question; is the garage door functioning at this time?
Mr. Desai: Yes, sir.
Mr. Reichert: I feel that is an important aspect of this conversion, to keep that garage door functioning.
Mr. Hawkins: Have you looked at or considered adding an addition to the rear of the garage of that home?
Mr. Desai: No, sir.
Mr. Hawkins: Is that something that you are interested in possibly doing, to avoid having to have a variance?
Mr. Desai: I have always rented out this property and this is the first time I have had a request for this.
Mr. Hawkins: Is it possible through the course of the use of this garage that you could use the garage as it is and not put up that dividing wall; to use it as the tenant wants to use it and not put up the dividing wall in the garage?
Mr. Desai: No.
Mr. Hawkins: Mr. Campion, is the requirement for a garage 240 s.f.?
Mr. Campion: The present code says that you have to have a two car garage.
Mr. Hawkins: I know but I thought there was a square footage that we had determined at some point.
Mr. Campion: I will get that information.
Mr. Knox: What material will the partition be made of?
Mr. Desai: Just simple drywall for the partition.
Mr. Knox: It would be something that could easily be removed if you have another tenant?
Mr. Desai: Yes.
Mr. Reichert: Wood framing; 2 X 4 framing?
Mr. Desai: Yes; wood framing so it is easy to remove.
Mr. Reichert: It is a little difficult to read the drawing. It appears that the exercise room is toward the back of the garage in the back of the house and there is a door coming into a space, is that storage space?
Mr. Desai: Yes, a little bit of space area.
Mr. Reichert: Is there a door or just a walkway?
Mr. Desai: Just a walkway, not a door.
Mr. Reichert: The front part shows a small room.
Mr. Desai: Storage room, yes.
Mr. Reichert: That is approximately 107, so that would be about a 9 X 12?
Mr. Desai: Yes.
Mr. Ramirez: What would you do for heating and air conditioning in that area?
Mr. Desai: I dont have any plans right now unless they need it; but right now I dont have any plans.
Mr. Ramirez: So, in the wintertime it probably would not be used?
Ms. Ginger Sy: As far as in the wintertime, we just go out and exercise and right back and the house is warm enough and if you open up the door going into the garage heat comes out. The heat and everything is not a problem because the garage is connected to the house and if you leave the door open for a little while then the room is comfortable, as long as you have the divided wall there.
Mrs. Ghantous: I am curious why there are two different storage rooms and an exercise room. Is there only going to be one wall, not two?
Mr. Desai: Yes.
Mr. Knox: Currently the people residing in the house, how many automobiles do they own?
Mr. Desai: I believe there are two automobiles.
Mr. Knox: And it appears the driveway could take up to five?
Mr. Desai: Yes.
Mr. Reichert: You have two doors in what you are calling the exercise room, one is an exterior door going to the backyard and the other door going into the house?
Mr. Desai: Into the house; yes. It is all the way near the end of the house near the living room.
Mr. Reichert: Is that a fireproof door?
Mr. Desai: When I bought it, it was as it is, so I dont know. The door was always there.
Mr. Reichert: I think that it is important that we maintain a proper fire door for that garage for that room. This can be converted back to a garage, if necessary or if they choose to do so and I think it is important to keep that door a fire rated door. I would like to add that to my motion that the door between the garage and the house is the proper door.
Mr. Campion: The Building Code used to say that you had to have a twenty minute door in that location; now the Building Code says that you dont have to have a fire door but you still have to have a smoke envelope; it has to be a smoke barrier for carbon monoxide and stuff like that. It doesnt have to be a rated door but it has to be a door that shuts and closes; a functioning door.
Chairman Weidlich: Is this partition wall already constructed?
Mr. Desai: I dont know about that.
Chairman Weidlich: You didnt do the construction, the tenant did the construction?
Mrs. Ginger Sy: Yes, sir.
Chairman Weidlich: So, it is already there, the door is there?
Mrs. Ginger Sy: Yes.
Chairman Weidlich: The garage door is operational?
Mrs. Ginger Sy: Yes. All of the doors are operational.
Chairman Weidlich: Mr. Reichert was talking about the door going into the main part of the house, that is still functional?
Mrs. Ginger Sy: Yes and I have smoke detectors out there.
Chairman Weidlich: And sir, you are aware that all of this is contingent on a Building Department inspection of that area that it meets code, the door and the electrical and so on?
Mr. Desai: I think they inspected last month and they sent me to court, too.
Chairman Weidlich: Since there are no more questions for the applicant, we will close this portion of the hearing and have deliberation based on the evidence finding. Does anyone have an amendment to the original motion?
Mr. Reichert: I would like to make the amended condition on the original motion to say that the doors have to be functioning; the door to the house and the garage door.
(The amendment to the motion was seconded by Mr. Knox.)
(Mrs. Huber polled the Board of Zoning Appeals Members and with 6 aye votes and one no vote the amendment to the motion was accepted.)
(Mrs. Huber polled the Board of Zoning Appeals Members and with 6 aye votes and one no vote the variance request was approved.)
Chairman Weidlich: You will get a copy of the approved variance in the mail.
Mr. Desai: I appreciate your time.
Mr. Ramirez: Just recently I had a window company come to my house and offer to replace my windows and they mentioned lead removal and told me it was my responsibility for lead removal from a house pre-1978 and I was just trying to see if there is any experience with this group.
Mr. Campion: When I worked for Cincinnati, we referred everyone to the EPA. It was an area that we did not regulate; if someone was concerned we would send them to the EPA or the county.
Chairman Weidlich: I guess I have one item; this thing that we received on Charter and Zoning Code on the supplemental conditions, the second page considering bushes and that, is it saying that we should not put conditions of landscaping around a shed and such but we can limit the conditions to an operating garage door and so forth on a property?
Mr. Campion: Hes referring to no time limit.
Chairman Weidlich: So, we can still require that the applicant landscape?
Mr. Campion: Those are all aesthetic things.
Mr. Reichert moved to adjourn, Mr. Hawkins seconded the motion and the Board of Zoning Appeals meeting adjourned at 7:31 p.m.
Chairman Robert Weidlich
Secretary Jane Huber