Village of Evendale
Zoning Board of Appeals
Minutes for the
May 16, 2007 Meeting
The Zoning Board of Appeals was called to order by Chairman Al Schutte at 7:30 P.M. on May 16, 2007 in the Council Chambers. Attending were Chairman Al Schutte, members Lynn McCarthy, Tom Lippert, and Mike Reed. Member Dave Harwood was absent. Also present was Tim Burke, Village Solicitor, Donald R. Mercer, Building Commissioner, Jack Cameron, Assistant to the Mayor, business owners Robert and Joy Glover, and Pam Morin, Building Department.
The following request was heard:
Neyer Properties, Inc., 10335 South Medallion Drive
Request for an appeal of the February 20, 2007 letter from Donald Mercer and Jack Cameron informing Mr. Neyer that the previous Zoning Board of Appeals variance had become null and void.
Represented by Dan Neyer, President of Neyer Properties, Inc., Joseph L. Trauth Jr., attorney, Pete Mallow, Brooke Jacobs, and Dan Snyder, FTCH Engineering
File #V-07-02
Mr. Trauth began the meeting with a brief history of this appeal:
· Neyer Properties had acquired a easement from Medicount, Management, Inc., 10361 Spartan Drive, to service the building at a1431-1435 Glendale-Milford Road and their property just west of the Village of Evendale’s corporation line.
· On June 18, 2001 the Zoning Board of Appeals granted four variances on the property at 1431-1435 Glendale-Milford Road;
· A resolution, dated June 29, 2001, was signed granting the four variances, with the condition that landscaping would be implemented and maintained;
· Neyer Properties Inc. obtained a building permit on August 5, 2003 for the construction of the access driveway and the parking lot directly behind the building at 1431-1435 Glendale-Milford Road.
Mr. Trauth then presented an exhibit showing the four variances. Variance #1 - a 10 foot side yard setback; Variance #2 – a 10 foot rear yard setback; Variance #3 – a 10 foot side yard setback; Variance #4 – a 10 foot rear yard setback. The first three variances, which provide further access to the building within the Village, have been completed at the cost of $120,000.00. To date, the fourth variance, which will provide a loading area for the property in Woodlawn, and the remaining landscaping has not been completed. Neyer Properties estimate that to complete this project would cost an additional $10,000.00.
Three letters of support of the application were received and distributed to the ZBA members.
Mr. Trauth stated that Section 1284.06(i) of the Village of Evendale Zoning Code has a provision in which a variance will expire if no work has been started within one year. The Building Commissioner must give written notice of the termination 30 days prior. The Village failed to give notice until February 20, 2007. Our code does not set a time limit as to when a project must be completed.
Six trees of the required landscaping have been planted. A portion of the landscaping was to be placed on the south side of the access drive on the Medicount Management property. Since obtaining the easement, the ownership of the property has changed hands. The new owners will not allow Neyer Properties, Inc. to install the landscaping.
Mr. Neyer stated that they are proposing to build multi-tenant flex building on the property west of Evendale’s corporation line. The building would have offices with back room storage and distribution.
Mr. Cameron stated that Neyer Properties, Inc. approached the Village to determine what needed to happen to move this project on. This is when Mr. Cameron and Mr. Mercer first became aware of the project. They felt that several issues needed to be addressed: the fact that the grace period of the variances had expired without completion of all four variances, the landscaping was not completed, application for permit for the last parking area was never submitted, Section 1258.08(b)(1) requiring loading area to be located on the same lot as the building was never addressed, and Planning Commission must do a site review.
Mr. Trauth argued that there is one resolution with four variances and Neyer Properties Inc. has “vested their right” by performing 95% of the required variances.
Mr. Reed responded that Neyer Properties, Inc. did not take reasonable diligence to complete this project in a timely manner and the opportunity to work jointly with Medicount Management to complete the landscaping has been lost. Based on the fact that there are four separate variances, they are intertwined, and the Zoning Board of Appeals original intent to grant the variances was to service both the Evendale and Woodlawn properties, Mr. Reed made a motion to grant the appeal. Mr. Lippert seconded the motion. A vote was taken ant the motion passed with the vote of 4 – 0.
A motion was made by Mr. Schutte and seconded by Mrs. McCarthy to approve the meeting minutes from February 22, 2007 with one amendment. The motion passed by a 4 yes and 0 no vote.
On a motion to adjourn the meeting by Mr. Schutte and seconded by Mr. Reed, the meeting was adjourned at 9:00 PM with a vote of 4 – 0.
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Al Schutte, Chairman
Zoning Board of Appeals
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