VILLAGE OF EVENDALE
BOARD OF ZONING APPEALS
MINUTES FOR THE
March 24, 2015
Pursuant to written notice, 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, March 24, 2015, in the Council Chambers of the Village of Evendale Municipal Building. Attending in person were Chairman Al Schutte, members Dave Harwood, Lynn McCarthy, Mike Reed and Ken Valentine. Supporting the BZA was David Elmer (staff) and Pam Morin (staff).
After all those present who planned on giving testimony were duly sworn in by Chairman Schutte, the following appeal was heard:
Silco Fire Protection
10765 Medallion Drive
Applicant has submitted an application for a variance from Section 1250.07 of the Village of Evendale Zoning Code requiring side yard setback of 10 feet in the Industrial Flex – 1 District.
File #V-15-02
David Fraser, Silco Fire Protection (“Silco”), explained that Silco’s proposed addition would allow them to expand their existing office area, which is located in the front of their building. Silco placed their existing building against the east property line because of their irregular shaped lot. This placement allowed their trucks to maneuver around the building and park in the rear. Silco’s proposal includes two 28’ by 32’2” areas on both sides of the main entrance. This allows Silco optimal layout to increase their existing office space.
Mr. Fraser pointed out that the length of the addition which will encroach into the side yard setback is only 32’ 2” and not the entire length of the building of 131’ 4”. The proposed addition will not have adverse effect on accessibility to the building or life safety purposes.
Ken Valentine encouraged Silco to be attentive to the affects that the expansion will have on the natural flow of water and the existing retention area.
Dave Harwood explained that a reciprocal drainage and detention easement lies between the Silco building and the building located to the east at 10825 Medallion Drive. This easement does not allow any buildings in this area and is in effect is a permanent green space. The Silco building and the building to their east is 45’ apart.
Chairman Schutte read into the record the seven justifications provided by Silco.
Finding of Facts:
After hearing Silco’s testimony and reviewing the documents filed, the BZA established the following Findings of Facts:
Whereas, the application for a variance was filed on February 17, 2015, the BZA has the power to grant variances.
Whereas a public hearing was set for 7:30 PM on March 24, 2015 and notices were set to adjoining landowners.
Whereas the only response was in favor of granting the variance
Whereas consideration of the factors set forth in Section 1284.05(c)(1 - 7) occurred. It was found that all seven criteria were satisfied.
Now therefore, upon motion made by Dave Harwood and duly seconded by Mike Reed, it was
Resolved, that the requested variance is granted upon the condition that reciprocal drainage and retentions easement agreement, dated August 27, 1998 is not altered or terminated.
The motion passed with a vote of 5 – 0.
A motion to approve the minutes of the February 12, 2015, meeting with one spelling correction was made by Lynn McCarthy and seconded by Ken Valentine. There was no discussion. The motion passed with a 5 – 0 vote.
Dave Harwood made and Ken Valentin seconded the motion to adjourn the meeting. The motion passed with a vote of 5 yes, 0 no. The meeting was adjoined at 7:50 PM.
Attest:
Al Schutte, Chairman
Board of Zoning Appeals
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