Village of Evendale
Zoning Board of Appeals
Minutes for the
September 16, 2010 Meeting
The Zoning Board of Appeals (ZBA) was called to order by Chairman Al Schutte at 7:30 P.M. on Thursday, September 16, 2010, in the Council Chambers of the Village of Evendale Municipal Building. Attending were Chairman Al Schutte, members Dave Harwood, Lynn McCarthy, Mike Reed, and Tom Lippert. Also present were Mayor Don Apking, Jack Cameron, Assistant to the Mayor, and Pam Morin, Building Department.
The following requests were heard:
Gold Medal Products, 10700 Medallion Drive
A request for a variance from Section 1250.04 of the Village of Evendale Zoning Code limiting the maximum building coverage of forty (40) percent
File #V-10-05
Dan Kroeger, President of Gold Medal Products, explained that Gold Medal Products is a manufacturing company of concession equipment and supplies. They employ 300 people in the Evendale facility, with eighty (80) additional employees at ten different branches throughout the country. All manufacturing is done in Evendale. The products are divided into two divisions: equipment and flavor products. This has proven advantageous for Gold Medal Products, both domestic and internationally. They are a one stop source for concession needs. Their Flavor Division is showing the greatest growth.
They are requesting a two story, 13,000 square foot addition to their Flavor Department, 6,500 per floor. This expansion needs to be done quickly if they wish to keep up with the product demand and continue to grow. The quickest and most practical solution is to expand their current facility. Currently there are fourteen (14) production bays, the expansion would add five (5) more and would increase the capacity by 35%. It is imperative that the addition is continuous with the existing Flavor Department to be effective. A stand alone structure is not practical. They have committed to Hamilton County the addition of 15 – 20 employees and retaining another 18. The addition, along with the equipment, is a 1.7 million dollar
investment.
Their currently facility is 386,000 square feet, with the Flavor Department occupying 50,000 square feet. The building is pinned in by Medallion Drive on the north and west side; the railroad, the Mill Creek and the property owned by Norfolk-Southern to the east and south. Gold Medal Products has approached Norfolk Southern to buy some land but they are not currently interested in selling. The current building coverage is 40.3%. With the addition, the building coverage would increase to 40.97%. They are requesting less than 1% variance.
The six justifications were reviewed by the committee and agreed that the applicant had met all justifications. A motion was made by Dave Harwood and seconded by Lynn McCarthy, to approve the variance as requested. The motion passed with a vote of 5 yes, 0 no.
A to Z Printing, 10122 Reading Road
Request for two variances:
1. From Section 1248.04 of the Village of Evendale Zoning Code requiring a minimum side setback of ten (10) feet;
2. From Section 1266.04(a)(3) of the Village of Evendale Zoning Code requiring a thirty (30) foot setback for accessory structures in Residential Districts that are on lots with uses other than Residential
File #V-10-06
Bruce Hassel, owner of A to Z Printing, recognized the foremost concern of installing the panels within the setbacks is the impact to neighbors. He explained that the only panel visible by Cincinnati State, to the south, would be one panel and would be visible only from the back of the their parking lot.
Safety Shoe, to the north, has expressed some concern about the need for screening. Currently there are some woods between the properties and no windows on the side of the Safety Shoe building that would overlook the panels. Mr. Hassel spoke with Safety Shoe and reassured the committee that they would work together to reach an agreeable solution.
For the installation of the panels this portion of the lot must be cleared, including the row of trees and brush to the south. Stones will be placed under the panels. The wiring will be trenched and associated equipment will be installed in the garage. The three panels would be placed running at a ten (10) degree angle to the property line. They will tilted at a thirty-nine (39) degree angle with the height of south side of the panels being three (3) and the north side eight (8) feet. They are made out of silicon and metal. The plan that would allow A to Z Printing to achieve maximum output of 53 kilowatt requires a one foot variance for approximately ten (10) feet on both the north and south property lines. Not reaching this maximum output would
decrease the grant money A to Z Printing could obtain and thus make the project cost prohibitive. Moving the panels closer together, removing several panels or placing some panels on the garage roof top would make the system at least ten (10) percent less efficient.
Mr. Hassel received the Glare Study, as requested by Planning Commission. It was distributed to the committee members. In summarizing the study, Mr. Hassel stated that there would be no impact from glare.
Tom Lippert said that he was uncomfortable with the one foot setback in that there is no room for any type of screening. He stated that the current neighbors may have no objections to the placement of the solar panels, but is concerned about future neighbors. There is legislation for solar rights, prohibiting impediment of solar panels. Once the panels are in place no screening that impedes the solar panels can be installed.
Dave Harwood asked if Gorman Heritage Farm had been notified of A to Z Printing’s request for a variance. They were not. Mr. Harwood stated that even though the Village of Evendale owns the land to the east of the property in question, Gorman Heritage Farm has long term lease and should have been notified.
Mike Reed stated that he ordinarily would be hesitant to support a one foot setback, but based on the following facts he was supportive of this request:
• That this strip of land is unique and installing solar panels is a good use of this land;
• The converters are in the garage and will not be visible;
• The property is located next to a large green belt;
• The neighbors are supportive;
• Solar panels are for the social good.
The six justifications and A to Z Printing’s responses to them were read. Mike Reed made the motion to approve the variances as submitted with the following conditions:
1) That A – Z Printing return to Planning Commission to resolve the concerns of solar panel glare, screening and landscaping;
2) That we receive a written legal opinion within five (5) days from Tim Burke, Village Solicitor, concerning the question if Gorman Farm should have been notified of the ZBA meeting. If Mr. Burke determines that proper notice had not been provided, proper notice will be provided and a subsequent ZBA hearing date will be scheduled as soon as possible.
Lynn McCarthy seconded this motion. The motion passed with a vote of 5 yes, 0 no.
Al Schutte made and Dave Harwood seconded the motion to approve the minutes with two corrections.
Al Schutte, Chairman
Zoning Board of Appeals
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