BOARD OF ZONING APPEALS
CLAY TOWNSHIP
April 10, 2008
I.
OPENING OF MEETING
Gloria Ramsey, BZA Chairperson,
opened the meeting at 7:00 p.m.
II.
ATTENDANCE
Members Present: Lori Tahmassebi, Steve
Richardson, Gloria Ramsey, Eric Dolan, and William C. Watt, Zoning
Administrator and acting Recording Secretary.
Guests Present:
Pete Chakiris, Derek and Dale R. Winner, and Don Riley.
III. MINUTES
Steve Richardson moved to approve the minutes of
the March 13, 2008 meeting; seconded by Lori Tahmassabi, Roll call,
MOTION PASSED UNANIMOUSLY.
IV.
CASE A-05-08
Gloria Ramsey read the procedure for
a public hearing, along with the ground rules for presenting public
testimony and opened Case A-05-08, filed by Donald Riley.
The Oath was administered to Dale
Winner, Pete Chakiris, Don Riley, and William C. Watt, Zoning
Administrator.
Bill Watt stated the application had
been filed March 14, 2008, with fee paid. The legal notice was
advertised in the Brookville Star on March 26, 2008; letters were sent
to surrounding property owners on March 26, 2008, with none returned.
The zoning standard in this case is Article 4, Section 406.05
Conditional Use, and Article 8, Section 803.
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 .629 acre lot split with existing buildings, from an 8.01 acre
parcel, leaving the remainder of the land in agricultural use.
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
Donald Riley stated he has rented the house for
about 40 years, but lately has had no luck with renters, so he wants to
split the property in order to sell the house.
VI. OPPONENTS
None.
Gloria Ramsey closed the public portion of the
hearing and read the Standards for a Conditional Use.
VII. BOARD DISCUSSION
Bill Watt stated
that the owner, Don Riley has said, concerning the leach field, he is in
the process of having it inspected by the Montgomery County Health
Department and whatever needs to be done before the residence is sold;
he has agreed to do that.
Gloria Ramsey
questioned if there was a functioning well on the property, and Don
Riley stated yes, the well is fine.
Eric Dolan moved to
approve the Conditional Use request.
Lori Tahmassebi seconded.
Roll call, MOTION PASSED UNANIMOUSLY.
Gloria Ramsey stated that the Conditional Use for
Case A-05-08 had been approved because it meets the Clay Township Zoning
standards.
VIII.
CASE A-06-08
Gloria Ramsey opened
case A-06-08, filed by Dale and Denise Winner and requested a report
from Bill Watt.
Bill Watt stated the application had
been filed March 13, 2008, with fee paid. The legal notice was
advertised in the Brookville Star on March 26, 2008; letters were sent
to surrounding property owners on March 26, 2008, with none returned.
The zoning standard in this case is Article 4, Section 406.05
Conditional Use and Section 405.05, Variance Article 8, Section 803. Mr.
Watt stated the property is zoned RT with I-1 zoning in the back part of
the parcel. Mr. Watt made the suggestion that all the building on this
lot be located towards the front near the RT zoning, since it wasn’t
appropriate to locate residential buildings near the I-1 zone. Mr. Watt
stated this is an unusual request because of the size of the parcel but
understands that the parcel would be attached to Pete Chakiris’ property
and remain in agricultural use. Mr. Watt indicated on a zoning map the
location of the proposed lot split and the demarcation of the RT and I-1
zoning.
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.
IX.
PROPONENTS
Dale Winner stated he was requesting
a Conditional Use for a lot split of 11.2 acres to form a single
residential tract, and requesting a Variance for the lot depth of
1031.86 feet.
Pete Chakiris stated he would
purchase the remainder of the parcel and he would use the land for
agricultural use.
X.
OPPONENTS
NONE.
XI.
BOARD DISCUSSION
Gloria Ramsey questioned the
proposed location of the house.
Mr. Winner replied he was still
assessing the best possible home site, and he planned for it to be
nearer the RT zone rather than the I-1 zone.
Gloria Ramsey closed the public
portion of the meeting and asked for board discussion.
Gloria Ramsey read the Standards for
a Conditional Use and the board members approved.
Gloria Ramsey read the Standards for
a Variance and board members approved.
Lori Tahmassebi moved that case
A-06-08 be approved.
Steve Richardson seconded, roll
call, MOTION CARRIED UNANIMOUSLY.
Gloria Ramsey stated that the
Conditional Use and Variance had been granted because it meets Clay
Township Zoning standards.
XII.
END OF MEETING
Gloria Ramsey declared the meeting
adjourned at 8:10 p.m.
______________________________
_________________________________
Chairman, Gloria Ramsey
Secretary William C.
Watt
______________________________
_________________________________
Date Date
