Village of Evendale
Zoning Board of Appeals
Minutes for the
January 13, 2010 Meeting
The Zoning Board of Appeals (ZBA) was called to order by Chairman Al Schutte at 7:30 P.M. on Wednesday, January 13, 2010, 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 requests were heard:
Michael and Sheila McSwain, 10775 Wyscarver Road
An appeal of the Village Building Commissioner’s determination that their privacy fence is in violation of Sections 1266.11(a),(1),(2),(3) and (5) of the Village of Evendale Zoning Code
File #V – 10 – 01
Sheila McSwain told the committee that they installed a 6’ high privacy fence before they learned that a building permit is necessary for all fences. The fence runs 40’ along their private drive in the front yard and 40’ along the north property line.
The McSwains share a private drive with six other residents. Their property is located approximately 20’ below Wyscarver Road. The fence is only visible from the private drive.
Adjoining property owners were notified. No comments or inquiries were received.
The ZBA members discussed the six justifications. Mike Reed made a motion to deny the variance in that the first and fourth justifications were not met. Lynn McCarthy seconded the motion. The motion passed with a 4 yes, 0 no vote.
Kinetic Vision, Evendale Commons Drive, Area D – 5
A request for a variance from the Heavy Commercial PBD Overlay District, Evendale Commons Business Park requiring a minimum front yard setback of 50 feet.
File #V – 10 – 02
Kinetic Vision was referred by Planning Commission to the ZBA for 2 ½’ encroachment of the front yard setback. Peter Horton and Dustin Bailey, Miller Valentine, were present to represent Kinetic Vision. Miller Valentine has been working with Kinetic Vision for eight months in the design of this building and has appeared before Planning Commission twice. Kinetic Vision’s proposed building is approximately 10,000 square feet, with 30 square feet encroaching into the front yard.
Kinetic Vision’s building is located on 1.741 acres in the Evendale Commons Business Park. A pre-existing drainage easement is directly behind their lot. Kinetic Vision was very active in the design of this building and wanted to place the parking lot behind the building for aesthetic reasons. The applicant has placed parking lot as far back on the property as possible. The Fire Department’s requirements to accommodate the appropriate turning radius and weight of their vehicles were a factor in determining the size of the parking lot. Planning Commission agrees with the placement of the parking lot.
Adjoining property owners were notified. No comments or inquiries were received.
The members discussed the six justifications. Al Schutte stated the detention area is part of the Evendale Commons Business Park’s layout and design and is a legitimate hardship not made by the applicant. Dave Harwood made and Mike Reed seconded the motion to grant the variance. The motion passed with a 4 yes, 0 no vote.
The minutes for the May 19, 2009 Special Joint meeting with Planning Commission and approved as read with a vote of 3 yes, 0 no with Al Schutte abstaining. The December 16, 2008 meetings were read approved with a vote of 4 yes, 0 no.
The meeting was adjourned at 8:15 PM on a motion made by Mike Reed and seconded by Lynn McCarthy. The motion passed with a 4 yes, 0 no vote
Al Schutte, Chairman
Zoning Board of Appeals
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