BOARD OF ZONING APPEALS
MINUTES FOR THE
December 8, 2014
Pursuant to written notice, a public meeting of the Board of Zoning Appeals (the “BZA”) was called to order by Acting Chairman Mike Reed at 6:30 PM on Monday, December 8, 2014, in the Police Library of the Village of Evendale Municipal Building. Attending in person were Acting Chairman Mike Reed, members Dave Harwood, Lynn McCarthy, and Ken Valentine. Chairman Al Schutte was absent. Supporting the BZA was Pam Morin from the Evendale Building Department. Also in attendance were Kay Bostrom (resident), Dave Bostrom (resident), Rudy Hachey (resident), Bob VanDierendonck (resident), Dino Carota (resident and applicant), Mark Dierkers (Norris & Dierkers Architects) and David Robertson (Robertson, Geiser & Longano LLC)
After all those present who planned on giving testimony were duly sworn in by Mr. Reed, the following appeals were heard:
1. Rest Haven Memorial Park (Rest Haven)
10209 Plainfield Road
The applicant has submitted an application for two variances:
a. A variance from Village of Evendale Zoning Code Schedule 1266.04(A), footnote (b), which requires that structure accessory to a use other than residential have at least a 30-foot setback. Rest Haven is requesting a 25-foot variance.
b. A variance from Village of Evendale Zoning Code Schedule 1246.07, which requires that a parcel in the Residential District containing a single-family residence has a minimum lot size of 20,000 square feet. Rest Haven is requesting a 1330 square foot variance.
File #V-14-04
Mr. Robertson explained that Stonemor of Ohio, LLC (Stonemor) manages the cemetery for Rest Haven. Rest Haven has already received approval for similar lot splits on five parcels to the east of 3987 Glendale-Milford Road. The parcels that have already been consolidated with the existing Rest Haven parcel are being used for cemetery use, such as green space, parking lot for the funeral home and a mausoleum. There are four remaining homes that Rest Haven uses for rental income. Because Rest Haven is a non-profit entity, they would like to turn over the management of the rental properties to Stonemor. Rest Haven anticipates that in 5 – 7 years all the rental properties along Glendale-Milford Road will be consolidated into their parcel and will be developed as associated cemetery uses.
Rest Haven is requesting this lot split so the front parcel can remain as single-family residential use, while the rear parcel can continue to be used by the cemetery. There are three existing garage/storage structures located on the rear parcel. Mr. Robertson explained that Rest Haven placed the new lot line only 5-feet north of the front garage/storage structure because it would create the least amount of impact on the residential lot.
Mr. Reed asked if the members would consider moving the requested lot line north 25-feet. This would eliminate one variance. The remaining Residential lot would be 16,170 square feet. The minimum lot size in the Residential District is 20,000 square feet.
Mr. Reed invited comments from the residents who were attending the meeting. Mrs. Bostrom questioned if the Village grants these variances, what guarantees would the Village have that the residential properties would remain residential if something happened to Stonemor, such as being bought or go out of business.
Motion:
Mr. Harwood made a motion to approve the requested variances: (1) the 25-foot setback variance for the accessory structure on the rear lot; (2) the 1,330 square foot reduction of the required maximum lot size of 20,000 square feet in the Residential District. Mrs. McCarthy seconded the motion.
Mr. Reed led the discussion on possible conditions on the motion. The committee’s concerns included:
1. Guaranteeing that the residential property would remain residential until it is transferred back to Rest Haven;
2. Rest Haven would eventually consolidate the residential parcel into their existing parcel and would use it as an associated cemetery use;
3. The transfer of the Residential parcel back to Rest Haven would occur in a timely manner.
Modified Motion:
Mr. Valentine made and Mrs. McCarthy seconded the modified motion to grant a variance of 3,830 square feet for the minimum required lot size in the Residential District with the following conditions:
1. Move the proposed lot line north 25-feet, eliminating the 25-foot variance request for the 30 foot setback;
2. If after ten years Stonemor is still managing the front parcel, that parcel reverts back to Rest Haven to be use as green space, and/or used in an appropriate cemetery use;
3. Rest Haven diligently pursues the consolidation of the rear lot with their existing lot.
A vote was taken and the motion passed with a 4 yes, 0 no vote.
2. Dino Carota
9783 Acton Court
Applicant has submitted an application for a 280 foot variance from Schedule 1266.04(A) of the Village of Evendale Zoning Code that limits accessory structure in the Residential District to 200 square feet.
File #V-14-05
Mr. Dierkers is the architect on this project. He explained that the structure is a combination of cabana, equipment storage room for the swimming pool, and changing room. The structure is 480 square feet under roof, but only 166 square feet is enclosed. The remaining 314 square feet is open on the sides and front. The proposed structure will be located in the corner of the lot as far off their neighbor’s lot as possible. There is an 8 ½ foot drop from the first floor elevation of the residence to the proposed structure. There are some mature trees to provide additional screening. The existing shed will be demolished. Mr. Valentine asked about drainage. Mr. Carota said that there will be two drainage areas to push the water to the back of the property.
Mr. Reed asked the residents in attendance for any comments. Mr. Hachey expressed his concern about construction traffic and large machinery on Acton Court which is a very small cul-de-sac with only 11 homes on it. He stated that the property located behind the Carota property is a property owned by the village, the former TLC property, 9766 Reading Road. He suggested that using the TLC property to store the construction machinery and/or accessing the property from the behind would preserve the character of the neighborhood during construction.
Mr. Reed read the seven justifications for variances. The members agreed that Justification #2, whether the variance is substantial, needed further consideration.
Motion:
Mrs. McCarthy made and Mr. Valentine seconded the motion to deny the variance request based on the fact that the request is more than two times of the maximum size allowed by the Village of Evendale Zoning Code and was beyond the committee’s jurisdiction. The motion passed with a 4 yes, 0 no vote.
Mr. Harwood asked to include a sense of the board with their motion. The members highly encouraged Mr. Carota to file an appeal of the BZA decision to Council based on the following conditions:
1. The members found the proposed structure to be very attractive and an appealing addition to the Carota’s property;
2. The fact that only 166 square feet of the structure would be enclosed makes the structure less formidable;
3. Encouraged Mr. Carota to approach the Village about the use of the TLC property to store the construction machinery during the construction process and/or access his property through this same property.
A motion to approve the minutes of the October 15, 2014 meeting with one change was made by Ken Valentine and seconded by Lynn McCarthy. The motion passed with a 4 – 0 vote.
The meeting was adjoined at 8:15 PM.
Mike Reed, Acting Chairman
Board of Zoning Appeals
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