BOARD OF ZONING APPEALS
CLAY TOWNSHIP
March 9, 2007
I.
OPENING OF MEETING
Gloria Ramsey
opened the meeting at 7:00 p.m.
II.
ATTENDANCE
Members Present:
Lori Tahmassebi, Gloria Ramsey, Cliff Deitering, Don Steinke, Steve
Richardson (alt), and William C. Watt, Zoning Administrator.
Guests Present:
Louis and Carol Berk, Gary Horstman, Lon Chambers, Bill Wissinger,
Norman Denlinger, and Rick Barksdale.
III.
MINUTES
Cliff Deitering
moved to approve the minutes of the November 9, 2006 meeting; seconded
by Lori Tahmassebi. Roll call. MOTION CARRIED unanimously, with Don
Steinke abstaining.
IV. CASE
A-01-07
Gloria Ramsey
read the procedure for a public hearing, along with the ground rules for
presenting public testimony and opened Case A-01-07, filed by Dennis
Meyer.
The oath was
administered to Lon Chambers, Bill Wissinger, Louis Berk, Gary Horstman,
and Bill Watt.
Bill Watt stated
the application had been filed February 2, 2007, with fee paid. The
legal notice was advertised in the Brookville Star on February 14, 2007;
letters were sent to surrounding property owners on January 27, 2005,
with none returned. The zoning standards in this case are Article 4,
Section 406.05.
Bill Watt read
the legal notice, and after reviewing the case, stated the original case
was approved February 10, 2005; however, the applicant’s title company
failed to record the required documents within one year, requiring the
re-approval of the Board. Bill Watt recommended passage of Case A-01-07,
stating there were no changes in the case.
V.
PROPONENTS
None.
VI.
OPPONENTS
None.
Gloria Ramsey
closed the public portion of the hearing.
Don Steinke made a
motion to approve the Conditional Use. Lori Tahmassebi seconded.
MOTION PASSED
UNANIMOUSLY.
Gloria Ramsey
stated that Case A-01-07 had been approved because it meets the
standards for a Conditional Use.
VII. CASE
A-02-07
Gloria Ramsey read
the procedure for a public hearing, along with the ground rules for
presenting public testimony, and opened Case A-02-07, along with the
Variance request, filed by Louis Berk.
Bill Watt stated
the application had been files January 19, 2007, with fee paid. The
legal notice was advertised in the Brookville Star on February 14, 2007.
Letters were sent to surrounding property owners on February 16, 2007,
with none returned. The zoning standards in this case are Article 4,
Section 405.05, and Section 406.05. Bill Watt read the legal notice and
stated he had visited the site, the buildings were in good shape, and
also, he had noticed digging around the house. Mr. Watt stated this was
a large Variance, the depth off the road being 1454.5 feet, but the
Board has approved other cases similar to this, in the past. Mr. Watt
also stated he had received notification from the Health District who
reviewed the plat survey and stated no objection to the creation of the
lot, as proposed. After review, Mr. Watt recommended approval of Case
A-02-07.
VIII.
PROPONENTS
Louis Berk
stated the property was more than he could handle, and looking forward
to the future, he had bought a house in town with less maintenance.
Bill Wissinger
stated he noticed a driveway in the field for the farmer’s entrance, and
wanted to know the width of the driveway.
Louis Berk
stated fifty (50) feet; we needed access to the south side of the
field.
Bill Wissinger
questioned whether or not there was an easement for Dayton Power and
Light, and Mr. Berk stated, not to his knowledge.
Lon Chambers
stated he had no problem with the approval of the case, but he did have
a concern that he wanted on the record, that there is an oil pipeline
going through the property, and there might be some problem in the
future.
IX.
OPPONENTS
None.
X. BOARD
DISCUSSION
Cliff Deitering
stated a concern about the future of the property, asking if another
farmer would be able to come in and utilize the property for
agriculture. He stated that the Board seems to be approving these types
of cases so many times, he wondered if future generations would continue
to use the property as farmland.
Gloria Ramsey
asked the applicant, Louis Berk, if his intentions were to continue to
use the property as farmland, and Mr. Berk answered in the affirmative.
Bill Watt stated,
in answer to the question from Cliff Deitering, farmers didn’t want to
pay taxes on buildings that they weren’t getting any use out of, and
this was a trend seen lately in the Midwest. Since this property was in
a very restrictive RA district, he foresaw the property being used
agriculturally in the future.
Cliff Deitering
stated he understood the circumstances with this case and thought the
Board would find it difficult to deny the application, he was just
thinking long term. He stated this was a unique situation, the houses
were just set back really far.
Gloria Ramsey
closed the public portion of the meeting.
Lori Tahmassebi
moved to accept Case A-02-07.
Seconded by Don
Steinke. Roll call. MOTION CARRIED UNANIMOUSLY.
Gloria Ramsey
stated that the case is approved because it meets all conditions for a
Variance and a Conditional Use.
XI. NEW
BUSINESS
Bill Watt stated
the Board needed to elect a Chairman and Vice-Chairman. Don Steinke made a
motion to approve Gloria Ramsey as Chairperson, and Eric Dolan as
Vice-Chairperson.
Cliff Deitering
moved to second. MOTION CARRIED, with Gloria Ramsey abstaining.
Bill Watt reviewed
an update of the JEDD, stating the contract was in the hands of the
attorney in Columbus at this time, and thought it would be finalized
after a few more details were worked out with the City of Clayton
officials.
XII. END
OF MEETING
Gloria Ramsey
declared the meeting adjourned at 7:50 pm.
______________________________
_________________________________
Chairman, Gloria Ramsey
Secretary William C.
Watt
______________________________
_________________________________
Date Date
