BOARD OF ZONING APPEALS
CLAY TOWNSHIP
March 13, 2008
I. OPENING OF MEETING
Gloria Ramsey, BZA Chairperson, opened the meeting at 7:05 p.m.
II.
ATTENDANCE
Members Present:
Cliff Deitering, Lori Tahmassebi, Stefan
Bridenbaugh, Steve Richardson, Gloria Ramsey, William C. Watt, Zoning
Administrator.
Guests Present: Don and Jane
Roberts, Dennis and Dawn Callison, Don and Michelle Wiest, Mike Oxner,
Timothy and Pat Bowling, Richard Barksdale and Michele Williams,
Recording Secretary.
III.
MINUTES
Stefan
Bridenbaugh moved to approve the minutes of the February 14, 2008
meeting; seconded by Lori Tahmassabi, with a correction on the second
page, changing 81” to 81’. Roll call, MOTION PASSED UNANIMOUSLY.
IV. CASE A-03-08
Gloria Ramsey read the procedure for a public hearing, along with the
ground rules for presenting public testimony and opened Case A-03-08,
filed by Don E. Roberts.
The
Oath was administered to Tom Wiest, Pat Bowling, Mike Oxner, and the
Zoning Administrator, Bill Watt. The Affirmation was administered to Don
Roberts.
Bill
Watt stated the application had been filed February 6, 2008, with fee
paid. The legal notice was advertised in the Brookville Star on February
27, 2008; letters were sent to surrounding property owners on February
27, 2008, with none returned. The zoning standard in this case is
Article 4, Section 406.05 Conditional Use, and Section 405.05, Variance
and Article 7, Section 703.
Bill
Watt read the legal notice, and after reviewing the case, stated the
property is zoned RA and displayed on a zoning map, the proposed
location of the lot split.
Mr.
Watt gave his report, saying this is a 2.20 acre lot split, from an
84.75 acre parcel. Mr. Watt stated this requires a variance because the
request exceeds 400’ depth allowance set in the Clay Township Zoning
Resolution. Mr. Watt stated the Montgomery County Health District has
inspected the proposed site and has sent an approval letter for the
proposal.
Mr.
Watt stated he felt this proposed use would not be contrary to the
public interest, and the spirit of the zoning resolution would be
observed. Mr. Watt stated he recommended the request be approved.
V. PROPONENTS
Don Roberts
stated he had a prospective purchaser for the house and farm building
and intended that the remainder of the land be kept as farmland.
VI. OPPONENTS
None.
Gloria
Ramsey closed the public portion of the hearing and read the Standards
for a Conditional Use.
VII. BOARD
DISCUSSION
Stefan Bridenbaugh stated the tile
on the farm is adequate and working and in the front of the property
there is a drainage swale for surface drainage and he has no problem
with the request.
Cliff Deitering moved to approve
the Conditional Use request, pending on approval of the Variance.
Steve
Richardson seconded.
Roll call,
MOTION PASSED UNANIMOUSLY.
Gloria
Ramsey stated that the Conditional Use for Case A-03-08 had been
approved because it meets the Clay Township Zoning standards.
Gloria
Ramsey read the Standards for a Variance and Conditional Use, and board
members approved them.
Board
discussion, Cliff Deitering moved to approve the Variance for Case
A-03-08.
Lori
Tahmassebi seconded the motion, Roll call, MOTION PASSED UNANIMOUSLY.
VIII.
CASE
A-04-08
Gloria Ramsey opened case A-04-08,
filed by Patricia L. Bowling and requested a report from Bill Watt.
Bill
Watt stated the application had been filed February 21, 2008, with fee
paid. The legal notice was advertised in the Brookville Star on February
27, 2008; letters were sent to surrounding property owners on February
27, 2008, with none returned. The zoning standard in this case is
Article 4, Section 406.05 Condition Use and Section 405.05 Variance and
Article 7, Section 703, relating to a lot split.
Bill
Watt stated this property is south of Verona, on Preble County Line
Road, and displayed on a zoning map the property, bisected by the bike
path. Mr. Watt stated the owner had a proposed purchaser for the
property, a neighboring farmer.
Mr.
Watt stated he has visited the property after a heavy ice storm and rain
and he noticed very little water standing on the property. Mr. Watt
stated this request requires a variance because the proposed lot split
has less than 600’ of frontage and is less than 20 acres in size.
Mr.
Watt stated there is a pre-existing condition on the east border of the
property, a former railroad, now a bike path owned by the Five Rivers
Park District bisecting the land creating a lot.
Mr.
Watt stated he felt this proposed use would not be contrary to the
public interest, and the spirit of the zoning resolution would be
observed. Mr. Watt stated he recommended the request be approved with a
stipulation saying there has to be a well drilled and a leach field
drawn up and approved within one year.
IX.
PROPONENTS
Mike
Oxner stated he represented Patricia Bowling and this is a unique
situation because the front part of the farm is already divided into two
portions due to the bike path, and the owner intends to keep the
remainder in agricultural usage.
Mr.
Oxner stated concerning the stipulation mentioned by Mr. Watt, he felt
that because of the current real estate market, and current owner not
having a proposed buyer, he asked the Board to offer some latitude about
the well and leach field requirements.
Pat
Bowling stated that she and her husband bought the farm in 1994 and her
husband wished to keep the front portion segment with the thought that
perhaps they would hand that land down to their children, and she wanted
to follow his wishes.
X.
OPPONENTS
NONE.
XI. BOARD DISCUSSION
Gloria Ramsey closed the public portion of the meeting and asked for
board discussion.
Stefan Bridenbaugh stated there is a tile along the front portion of the
property that does provide adequate drainage.
Cliff
Deitering stated he was concerned that if the adjacent farmer didn’t
purchase the property, the lot split would create a landlocked situation
with no access.
Bill
Watt stated that concerning the well and leach field requirements, there
has been a change in the law. He has spoken to Joe Klosterman, County
Planner, concerning the law that used to be called the five acre law.
Mr. Watt stated the requirements for a residential lot must have a well
drilled to insure there is water to support a house and family and an
approved by ( Montgomery County Health Department) leach field plan to
insure a proper septic system.
Gloria Ramsey read the Standards for a Conditional Use and the board
members approved.
Stefan Bridenbaugh stated he felt the Board should require the well to
be drilled and the leach field planned within one year.
Cliff
Deitering stated he felt the additional stipulation be that the
Conditional Use be approved dependant on the sale of the remaining
44.737 acres to prevent a landlocked situation.
Gloria Ramsey read the Standards for a Variance and board members
approved.
Stefan Bridenbaugh moved that case A-04-08 be approved with the
stipulations.
Lori
Tahmassebi seconded, roll call, MOTION CARRIED UNANIMOUSLY.
Gloria Ramsey stated that the Conditional Use and Variance had been
granted with the stipulations.
XII. NEW BUSINESS
Bill
Watt stated there will be a hearing on March 31, with the Clay Township
Zoning Board concerning changes to the Adult Entertainment resolution.
XIII. END OF MEETING
Gloria Ramsey declared the meeting adjourned at 8:00 p.m.
______________________________
_________________________________
Chairman, Gloria Ramsey
Secretary William C.
Watt
______________________________
_________________________________
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