Village of Evendale
Zoning Board of Appeals
Minutes for the
August 27, 2013 Meeting
A public meeting of the Board of Zoning Appeals (the “BZA”) was called to order by Chairman Al Schutte at 7:30 PM on Tuesday, August 27, 2013, in the Council Chambers of the Village of Evendale Municipal Building. Attending in person were Chairman Al Schutte and members Dave Harwood, Tom Lippert, Lynn McCarthy, and Mike Reed. Supporting the BZA were Kathy Farro (legal advisor to BZA), Don Mercer (the “Building Commissioner”) and Pam Morin from the Village of Evendale Building Department.
After all those present who planned on giving testimony were duly sworn by Chairman Schutte, the following appeal was heard:
Dorothy J. Dover, Trustee (the “Applicant”), filed an appeal, a copy of which is marked as Exhibit A and is attached hereto and incorporated by reference herein, from the determination of the Building Commissioner regarding the real property and improvements commonly known as 3040 Inwood Drive in the Village Evendale (the “Property”). The Building Commissioner, following an inspection of the Property, determined that the Property is condemned and that the structure located thereon must be demolished in compliance with all applicable laws. A copy of his determination and notice to the Applicant is marked as Exhibit B and is attached hereto and incorporated by reference herein.
A search warrant was obtained from the Hamilton County Court of Common Pleas to inspect the Property. The Building Commissioner explained that he, a Village of Evendale Fire Department Inspector, and a representative from the Village of Evendale Solicitor’s office conducted an inspection of the Property and took photographs of their findings. Those photographs were presented to the Board and all other attendees as exhibits. The Building Commissioner explained the details of his findings and stated that the Property was a serious hazard to the health and safety of any occupants, Village first responder personnel and the general public. After determining, during the search of the Property, that the Property was in condemnable condition, a sign informing those entering upon the Property that the Property had been
condemned, was placed on the front door. By postage paid U.S. certified mail, return receipt requested, a letter from the Building Commissioner, dated July 11, 2013, a copy of which is marked as Exhibit B ,was mailed to the Applicant informing her of Building Commissioner’s findings and ordering her to correct all violations or demolish the house within thirty (30) days. Applicant filed the appropriate appeal application marked as Exhibit A, on July 29, 2013.
Chairman Al Schutte read the following zoning and building code sections into the records: Sections 1468.01(a), 1468.02(a), 1468.06(a)(b), 1468.07(a)(b) from the Village of Evendale Zoning Code and Section 715.26 of the Ohio Revised Code. He then invited the Applicant to stand at the podium and to address the ZBA.
The Applicant explained that the Property has been broken into five (5) times and she claims that is when the damage has occurred. She stated that the Property has been vacant for the past several years and that when she bought the Property, she believed, after performing certain due diligence, that the Property was zoned commercial and wants the Property to be re-zoned as commercial property before she demolishes the house located on the Property. She feels that the Property would be more valuable as a commercial property and that there were several parties, including without limitation, the Village of Evendale, that would be interested in acquiring the Property.
Mike Reed read from Section 1468.15 of the Evendale Municipal Code, identifying the three grounds on which a decision by the Building Commissioner could be overturned. They are as follows:
1. That the true intent of this code had been incorrectly interpreted;
2. The provisions of this code had been incorrectly interpreted;
3. The provision of this code does not fully apply.
The Applicant was asked to address these three criteria in order to understand why the decision of the Building Commissioner should be overturned.
The Applicant and her son, Mr. Dan Dover, both addressed the BZA but offered no argument that any of the three foregoing criteria had been met. Their arguments could be summarized as follows:
1. They did not want to repair the Property since they believed that any purchaser would demolish the improvements anyway;
2. They indicated that the Village of Evendale had orchestrated the break ins in order that the Property would be condemned, thereby triggering a right to take the Property for itself; and
3. They wanted to keep the Property in its current condition, except as to mowing the yard, which they were willing to commence again, for an indefinite period of time in order to allow them to sell at the most opportune time.
Following the initial comments of the Applicant and her son, Mr. Dan Dover, the floor was then opened to anyone from the public who wanted to address this matter. Mr. Jeff Kraft, a resident of 3068 Inwood Drive, Mr. Diane Bottom, a resident of 3045 Inwood Drive, and Mr. Gordon Geraci, owner of Elite Photography, located at 10268 Reading Road all spoke in favor of the Building Commissioner’s assessment of the Property and wanted to see the house taken down.
Mr. Dan Dover asked if the house could be boarded up instead of being demolished. The Building Commissioner stated that unless the house is completely repaired and maintained to comply with the applicable provisions of the Evendale Municipal Code cited earlier, it will continue to rot and will eventually collapse. The repairs must include window and door replacements, the roof and siding repaired, water, sewer and electric reconnected, and the yard and landscaping maintained. He stated that from his 30 plus years of experience that abandoned building tend to attract criminals often leading to fires and selling of drugs.
Mike Reed summarized the findings of facts, which he moved be accepted, the motion having been seconded by David Harwood: “The Building Commissioner, by postage prepaid, certified mail, return receipt requested, sent a letter dated July 11, 2013, notifying the owner of 3040 Inwood Drive, of violations of the Village of Evendale Zoning Code, Chapters 1468 and 1480 and Ohio Revised Code Section 715.26. The property owner timely filed an appeal to the BZA. The BZA, per Section 1270.04, has the obligation to review orders, decisions, or determinations made by the Building Commissioner. Based on largely undisputed testimony, including without limitation, the property owner admitting that the property is in bad shape, photographs, and credible oral testimony, it was overwhelmingly proven that the Property should be
condemned and the improvements demolished.”
Mike Reed then further made and Dave Harwood seconded, the motion to deny Applicant’s appeal and to give her ninety (90) days to demolish or repair the Property. Mike explained that he wanted to give Applicant additional time to relieve any hardship and to give her time to find a buyer for the property. Al Schutte, stated that he felt thirty (30) days was fair. Tom Lippert agreed and stated that Applicant has not responded to previous requests from the Village to maintain her property. Kathy Farro explained the process and time line, if the Applicant would choose to appeal a decision of the BZA.
Mike amended his previous motion, with the consent of David Harwood, to now (i) deny the appeal, and (ii) allow thirty (30) days to demolish or repair the Property. Tom Lippert seconded the amended motion. The motion passed with a vote of 5 yes, 0 no.
Applicant was given a copy of Section 1284.06 of the Village of Evendale Zoning Code, explaining her right to appeal the BZA’s decision.
The minutes for the BZA meeting of May 10, 2012 meeting were approved as read on a motion by Lynn McCarthy and seconded by Tom Lippert. The motion to approve passed with a vote of 5 yes, 0 no.
Dave Harwood made and Lynn McCarthy seconded, a motion to adjourn the meeting, there being no further business to come before the meeting. The motion was passed with a vote of 5 yes, 0 no.
The meeting was adjourned at 8:40 PM.
Al Schutte
Chairman Board of Zoning Appeals
Attest: Mike Reed
| 
