BOARD OF ZONING APPEALS
CLAY TOWNSHIP
May 08, 2008
I.
OPENING OF MEETING
Gloria Ramsey, BZA Chairperson,
opened the meeting at 7:10 p.m.
II.
ATTENDANCE
Members Present: Steve Richardson, Gloria
Ramsey, Stefan Bridenbaugh, and William C. Watt, Zoning Administrator.
Guests Present:
Cathy Puka, Lyle Bixler, Ernest and Ruth Silverthorne, Phyllis Kennedy,
David Bruce, Mike Oxner, Lyle Condon, Beth Ann Martin and Michele
Williams, Recording Secretary.
III. MINUTES
Steve Richardson moved to approve the minutes of
the April 10, 2008
meeting; seconded by Stefan Bridenbaugh, Roll call, MOTION PASSED
UNANIMOUSLY.
IV.
CASE A-07-08
Gloria Ramsey read the procedure for
a public hearing, along with the ground rules for presenting public
testimony and opened Case A-07-08, filed by Ernest P. Silverthorne.
The Oath was administered to Cathy
Puka, Lyle Condon, Ernest and Ruth Silverthorne, Phyllis Kennedy, David
Bruce, Mike Oxner, Beth Ann Martin and William C. Watt, Zoning
Administrator.
Bill Watt stated the application had
been filed April 16, 2008, with fee paid. The legal notice was
advertised in the Brookville Star on April 23, 2008; letters were sent
to surrounding property owners on April 23, 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
gave his report, and after reviewing the case, stated the property is
located at 6313 Landis Road, zoned RT and displayed on a zoning map, the
proposed location of the lot split. Mr. Watt stated the proposed lot
split has an existing mobile home, proposal is for a 2.459 acre lot
split from an 87.5 acre parcel, and that he visited the site on May 8,
2008. Mr. Watt also stated he received a letter from the Dayton and
Montgomery County Health District stating they had reviewed the plat of
survey plan and had no objection to the creation of the lot as
proposed.
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
Mike Oxner stated his clients have indicated they
would eventually build a new home on the 2.5 acre lot split, the Health
Department has approved it and he wasn’t aware of any outstanding
issues.
VI. OPPONENTS
Phyllis Kennedy questioned how many houses were
going to be built on the 2.5 area; she was concerned about the current
resident’s well water and the increased traffic.
Bill Watt responded, the area is zoned RT, Rural
Transition, and until there was a rezoning, it would remain in
agricultural use. Mr. Watt stated that it was highly unlikely that the
area would be developed; the focus for the township was to preserve
farmland.
Ron Condon stated that in 1979, he wanted to buy
a lot, and he was forced to purchase five acres and why didn’t this lot
split require that acreage.
Bill Watt responded his purchase was before
township zoning was in effect, and was under State law. At this time,
under township zoning, a lot split can be approved if there is
sufficient land but there is a remaining frontage requirement of 600
feet and 20 acres to help preserve farm land.
Cathy Puka stated the way she read the letter to
property owners; she assumed the 87.5 acres would be sold for
residential lots.
Gloria Ramsey explained the letter stated the
proposal was for a single residential lot split of 2.459 acres.
Ron Condon questioned what was to prevent more
lots from being sold off and trailers put on the lots.
Bill Watt responded that since zoning started in
1986 trailers must be clustered in a trailer park.
Cathy Puka questioned what is the minimum amount
needed to purchase for a lot split from an existing parcel.
Bill Watt answered 80,000 square feet, 200 feet
of road frontage and 400 feet deep.
Gloria Ramsey closed the public portion of the
hearing and read the Standards for a Conditional Use.
VII. BOARD DISCUSSION
Stefan Bridenbaugh
moved to approve the Conditional Use request with the stipulation that
the trailer is removed when another building is erected on the site,
seconded by Steve Richardson.
Roll call, MOTION PASSED UNANIMOUSLY.
Gloria Ramsey stated that the Conditional Use for
Case A-07-08 had been approved because it meets the Clay Township Zoning
standards.
VIII.
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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