Village of Evendale
Zoning Board of Appeals
Minutes for the
May 10, 2012 Meeting
The Zoning Board of Appeals (ZBA) was called to order by Chairman Al Schutte at 7:30 PM on Thursday, May 10, 2012, in the Council Chambers of the Village of Evendale Municipal Building. Attending were Chairman Al Schutte, members Dave Harwood, Lynn McCarthy, and Mike Reed. Member Tom Lippert was absent. Supporting the ZBA was Pam Morin, Building Department.
The following request was heard:
Teresa Claypool, 4015 Glendale-Milford Road
The applicant has appealed the decision of the Building Commissioner to deny the establishment of a “Type-A Day Care Home” in the Residential District.
File #V-12-01
Teresa Claypool has almost 30 years of early child care experience and four years of running a Day Care Home. In February, 2010 she moved to 4015 Glendale-Milford Road and opened a Type B Day Care Home. She currently has eight registered children. She is requesting the ZBA to appeal the Building Commissioner’s decision, so that she can be zoned for a Type A Day Care Home. This would allow her to have 12 registered children. The licensing process can take up to six months, which includes a fire inspection, building inspection, a formal business plan, and a state orientation class. With a Type A Day Care Home, she will be required to hire one additional care giver.
There was concern with cars entering and exiting onto Glendale-Milford Road. Mrs. Claypool reassured the committee that she has witnessed no traffic problems. They have two additional parking spaces on the lot and the ability for cars to turn around.
With advice from the Village solicitor’s, the ZBA was instructed to view this request as an appeal of the Building Commissioner’s decision and not as a variance to the zoning code. With a variance, ZBA’s decision would be based on the applicant’s ability to satisfy the six justifications. In contrast, with an appeal, the ZBA would base their decision strictly on if the Building Commissioner interpreted the zoning code properly. Jessie Claypool questioned the appeal versus variance decision and stated that he would prefer the variance.
Village staff and a committee have been working on re-writing the zoning code. The proposed new zoning code will allow Type A Day Care Homes in the Residential District. The new code may be on the Council agenda as early as August. Al Schutte read Section 1284.06(1) which prohibits granting a variance “as a temporary measure”. He also stated that Evendale has high Residential standards and when this current code was written, someone made a conscience decision to prohibit Type A Day Care Homes.
Notices were sent to adjoining property owners. No response was received.
Dave Harwood made and Mike Reed seconded the motion to deny the appeal of the Building Commissioner’s decision regarding the establishment of a Type A Day Care Home in the Residential District. The motion passed with a vote of 4 yes, 0 no.
The Mr. and Mrs. Claypool were advised of the appeal process of the ZBA decision to Council.
The minutes of the ZBA August 27, 2011 meeting was read. A motion was made by Lynn McCarthy and seconded by Mike Reed to approve the minutes with the correction of one typographical error. The motion passed with a vote of 4 yes, 0 no.
The meeting was adjourned at 8:10 PM
Al Schutte, Chairman
Zoning Board of Appeals
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