BOARD OF ZONING APPEALS
CLAY TOWNSHIP
June 14, 2007
I. OPENING OF MEETING
Gloria Ramsey opened the meeting at
7:00 p.m.
II. ATTENDANCE
Members Present:
Lori Tahmassebi, Gloria Ramsey, Eric Dolan, and Steve Richardson
Guests Present:
David Brown, Jim Neff, Joanne Neff, Ralph Neff, Donnie Allen, Amanda
Allen, Brenda Salyers, Kayla Tippett, Tina Howett, Brent Howett, Earl
Bowyer, Franny Bowyer, Randy Harris, Beverly Harris, David Knisley,
Curtis Flora, Dawn Chronabery, Margie Rhoades, Jim Kneist, Richard
Barksdale, Mike Oxner, Lora Spence, Mike Elliott, John W. Carr, Mike
Mintner, Russell Landsdorf, James Miller, Dee Moorman, Anton Day,
Jennifer Neff, Brent J. Bauman, Wes Lambert, Bill Watt, Zoning
Administrator; and Michele Williams, Recording Secretary
III. MINUTES OF MARCH 8, 2007
MEETING
Lori Tahmassebi moved to approve
minutes, second by Eric Dolan roll call, MOTION CARRIED
unanimously.
IV.
CASE
A-03-07
Gloria Ramsey read the procedure for
a public hearing, along with the ground rules for presenting public
testimony and opened Case A-03-07. The oath was administered to Mike
Oxner, Tina Howett, Kayla Tippett, Mike Ellis, Randy Harris, Beverly
Harris, Margie Rhoades, Mike Miller, John Carr, Wes Lambert, and Jim
Neff.
Bill Watt stated the application had
been filed on May 18, 2007 with fee paid, and stated the notice had been
properly advertised in the Brookville Star on May 23, 2007. Mr. Watt
stated the surrounding property owners had been notified May 31, 2007,
with no letters returned and then read the legal notice for Case
A-03-07.
Gloria Ramsey read the Standards for
Conditional Use, Article 4, and Section 406.05.
Bill Watt gave the BZA Staff Report,
stating the property is located in the RT zone, and pointed out the
location on the zoning map. Bill Watt stated he
referred this case to BZA based on Section
4606, Article 46, B Number 2.
The Zoning Standards states a
proposed Home Occupation request beyond the scope of Section 4604 & 4605
shall require approval by the BZA.
Bill Watt stated his recommendation
is gather facts during the hearing and read papers provided with this
case and make your decision.
PROPONENTS
Mike Oxner stated he was there on behalf of Brent
and Tina Howett to support their application for a private dog kennel
and boarding facility as a home based occupation. He stated this type of
operation is permitted as a Conditional Use to generate supplemental
income. He stated the applicant has constructed an outside kennel area
approximately 12 by 50 feet and a small shed 12 by 24 feet. The
applicant has indicated a willingness to construct a 6-foot high fence
around the outside area of the kennel area to mitigate the noises
associated with a kennel operation. The last time he visited the
operation; there were approximately 35 dogs in residence, all in the
outside kennel. He further stated the operation has been inspected by
the local Humane Society and there are no health related issues
associated with the kennel.
Eric Dolan requested to be shown approval from
the Humane Society and was shown faxes from the Humane Society. He
further questioned the applicant as to outside storage and also what
they intended to do with the animal waste.
Tina Howett responded by saying they are using
straw and animal waste is being cleaned from the straw and put into a
compost pile where it breaks down and is removed and spread over the
two-acre portion of the property. She stated there is no smell
associated with the pile, and when it rains, it breaks down. Tina Howett
also stated that in the future, she hopes to have concrete that can be
sprayed off into drainage into the existing septic or into another
smaller septic that would be installed.
Kayla Tippett stepped forward as a proponent and
stated she lives a short distance away and has verified that Tina Howett
takes good care of the dogs and they are clean, well tended, well
mannered and also has good plans for building sound proof fencing.
Margie Rhoades, stated she lives across the
street, and since they have moved in they have had barking, but she
doesn’t feel it is excessive barking, only when someone uses the bike
path or during feeding time. Occasional at night there is barking, but
if they construct the fence there will be less noise and she sees no
reason for them not to be approved.
OPPONENTS
Jim Neff stated his property sits directly across
from the kennel and the shed on Brent and Tina Howells’ property. He
voiced his opposition for the Conditional Use, and stated he moved there
4 to 5 years ago and realized that moving into an RT zone, they might be
subject to the inconvenience of surrounding normal agricultural
practices. He stated he is concerned about the future of the community
in the Dodson area, he stated most people have added improvements to
their properties, and if he were to put his home on the market today,
with the conditions of the property across the street, with or without
the privacy fencing, he would not come close to getting the true value
of the home at resale.
He further stated that at approximately 1:00 a.m.
late last summer, several crates of dogs were unloaded at the Howett
property, with 3 to 5 dogs in each crate. He stated there has been
nonstop barking since the dogs arrived. He states the property has a
standing water problem and when it rains the smell would be unbearable,
and there is no drainage for the kennels. He states he feels there might
be a health and environmental issue with the kennel. He stated he wasn’t
sure to whom the dogs belonged, Melinda Pierson, who lives in Dayton, or
the Howetts. He stated he strongly encouraged the Zoning Board to deny
the application.
Laura Spence stated she lives across the street
from the Howetts property. She stated that Home Occupations should be
conducted completely within the dwelling and not with the use of an
accessory building, and shall not affect adversely the residential
character or interfere with the reasonable enjoyment of adjoining
properties. She stated there are animal noises audible 24 hours a day,
well beyond five hundred feet in any direction. She states animal feces
has been stacked 4 feet high at times. She further states she is
familiar with their property, and the rear portion is boggy, and is
unsure how the feces would affect those conditions. Ms Spence states on
September 6, 2006, a police report states there were 49 dogs found at
the residence, and since that night, things have not been the same in
the neighborhood.
Mike Ellis stated he lives directly across from
Brent and Tina Howetts property. He stated dogs bark when people use the
bike path. Mr. Ellis played a cassette tape of dogs barking, that he
stated his wife taped from their front porch at approximately 12:45 a.m.
one morning, and says the tape was 45 minutes in length and went on even
longer than that. He stated he felt even with a privacy fence, he would
be able to hear the dogs in his house.
Brett Bauman was sworn in for testimony. Mr.
Bauman stated that where he lived, many nights, the dogs have awakened
him. He stated there is an unacceptable level of noise, and he wants the
Board to oppose the application. He stated that he is not getting any
sleep.
Beth Harris stated that she had been awakened
many nights by the dogs, and there is no escaping the noise, 24-7. She
states that she had no problem with home based occupations but feels
they shouldn’t interfere with the neighbor’s peace and enjoyment, and
she opposes the application greatly.
Amanda Allen was sworn in for testimony. Ms.
Allen stated she is concerned about the dogs’ health and safety, that
there is no protection from the sun and heat, and in the winter, she
states they were put into a small out building that she is not sure was
heated and had ventilation.
Gloria Ramsey asked for discussion from the
Board.
BOARD QUESTIONS
Steve Richardson asked Tina Howett how many dogs
were on the premises. Ms. Howett stated there were 48.
Steve Richardson asked how much square footage
was allowed for each animal.
Tina Howett responded by saying each dog had an
area about 4 or 5 feet wide, each having an individual doghouse, and
there is one male to 2 or 3 females. She states they have room to run
and play, shade, and the shed is 10 by 24 by 10 feet high, with 2-inch
insulation with heat in winter.
Ms. Howett states that this is an expensive
business, and she would like to build a 22,000 dollar fence put around
the home, and as well, an 8 foot chain link fence, pea gravel, heating,
a bathing area, possibly a toilet. She stated that the dogs are clean
and healthy, and the dogs do not bark constantly. She stated anyone is
welcome to inspect the property.
Steve Richardson questioned Ms. Howett about her
future plans for the business.
Ms. Howett stated she wanted to go ahead with her
building plans, and make a profit off the business someday. Ms. Howett
stated her dogs are AKC registered, and her future plans are to build
the chain link fence; a privacy fence with gated back porch; and a
building with 10 exterior kennels with pea gravel, that will resemble a
pole barn; with water, heat and electric. At night, Ms. Howett stated
the dogs would be locked inside the building.
Lori Tahmassebi questioned about the plans for
maximum dog capacity, and whether or not the dogs are exercised.
Ms. Howett stated there would be no more than
what she has currently, and there is room for the dogs to run and
exercise, and she plays with them.
Gloria Ramsey asked what is going to be your
primary income source, and whether or not they are selling the dogs.
Tina Howett responded by saying eventually she
wants to make a profit from the puppies.
Lori Tahmassebi stated she has been on the bike
path with her family, and the dogs have not barked.
Eric Dolan stated that his biggest concern after
hearing the tape of the dogs barking, was how often the dogs barked.
Ms. Howett stated every night at approximately
10:30 every night, raccoons came out and made the dogs bark.
Gloria Ramsey closed the public portion of the
meeting.
Following discussion, Lori Tahmassebi moved to
approve to not accept the application for a Conditional Use, due to
Conditions A, D, F, and G not being met. Motion seconded by Eric Dolan,
roll call, MOTION CARRIED unanimously.
After discussion of the requirements for Home
Occupations, Steve Richardson moved that the Board not accept the Home
Occupation use due to Home Occupations Standards A, B, D, H, I, and K
are not in accordance with the Standards.
Eric Dolan seconded the motion. MOTION CARRIED
unanimously.
Bill Watt suggested that a stipulation be
required for a date for the dogs to be removed.
Eric Dolan requested that the stipulation be for
14 days for the removal of the dogs, and made a motion that the
application is not approved due to the Zoning Standards not being met.
Steve Richardson seconded the motion, MOTION
CARRIED unanimously.
Five-Minute Recess
V. CASE A-04-07
Gloria Ramsey
opened Case A-04-07.
Bill Watt stated the application had
been filed on May 18, 2007 with fee paid,
and stated the notice had been
properly advertised in the Brookville Star on May 23, 2007. Mr. Watt
stated the surrounding property owners had been notified May 31, 2007,
with no letters returned and then read the legal notice for Case
A-04-07.
Bill Watt gave the BZA Staff Report,
stating the property is located in the RT zone, and pointed out the
location on the zoning map. Mr. Watt stated that Mr. Miller is
requesting to use an existing accessory building for a Home Occupation
and intends to purchase the property if he can gain approval. Bill Watt
stated he
referred this case to BZA based on Section 4606,
Article 46, B Number 2.
The Zoning Standards states a
proposed Home Occupation request beyond the scope of Section 4604 & 4605
shall require approval by the BZA.
Bill Watt stated his recommendation
is gather facts during the hearing and read papers provided with this
case and make your decision.
Gloria Ramsey read the procedure for
a public hearing, along with the ground rules for presenting public
testimony.
PROPONENTS
John Carr, with the
Realty Group, stated that he represented the Millers, and the property
had been zoned commercial in the past. Mr. Carr stated that Mr. Miller
wanted to install machines in a 39 foot by 40 foot area of the building,
that will be self-contained, is insulated, with no dumpster storage and
no outside alterations. Mr. Carr stated that Mr. Miller will be the sole
employee. Mr. Carr also stated, the surrounding farmland will remain
farmland.
Mr. Miller stated
that he has a business on Webster Street, and he hoped to have his home
and business in the same location. He stated there would be no changes
in the property appearance, no traffic except for UPS deliveries, and no
signs.
OPPONENTS
Dave Kniesly
questioned if the zoning will restrict the number of employees that
could eventually work for Mr. Miller.
Mr. Watt stated
this is a Conditional Use, and a permit is issued a year at a time.
Gloria Ramsey
stated the Conditional Use and Home Occupations clearly states the
employee limitations.
BOARD QUESTIONS
Steve Richardson
questioned what exactly is the business and how does it run.
Mr. Miller stated
that he has Bridgeport machines, and builds prototypes.
Gloria Ramsey
questioned if there would be truck traffic. Mr. Miller stated no, that
he handles this with his own vehicle.
Following
discussion Eric Dolan moved to approve the request for Conditional Use,
second by Lori Tahmassebi, roll call, MOTION CARRIED
unanimously.
Gloria Ramsey read
the Standards for a Home Occupation. After discussion, Lori Tahmassebi
moved to accept the request for the change in Standard B, concerning the
use of an accessory building, seconded by Eric Dolan. MOTION PASSED,
unanimously.
Steve Richardson
moved to accept the application for the Home Occupation, seconded by
Lori Tahmassebi, MOTION PASSED, unanimously.
NEW BUSINESS
Bill Watt discussed
the one and one half percent tax that would be applied in the JEDD
district, and stated that this wasn’t a new concept, that Miami Township
had one, and the employees were already paying that.
Mr. Watt mentioned
that everyone on the board missed the presence of the late Don Steinke,
and that he had been a loyal committee member, with an exemplary
attendance record.
The next regular
meeting of BZA is scheduled for 7:00 p.m. on Thursday, July 12, 2007
with no cases scheduled at this time.
IX.
END OF
MEETING
______________________________
_________________________________
Chairman, Gloria Ramsey
Secretary William C.
Watt
______________________________
_________________________________
Date Date
