Board of Zoning Appeals

City of Dayton Board of Zoning Appeals Minute Record Overview November 28, 2023 4:30 P.M. Planning Resource Conference Room, City Hall 101 W. Third Street, Dayton, Ohio Members Present: Ms. Jaqueline Patterson, Mr. Patrick Martin, Mr. Tim Bement, and Ms. Diane Graham Members Absent: Mr. David Brand and Mr. Joe Shaw Mr. Martin called the meeting to order at 4:30 P.M. A motion was made and seconded to approve the minutes from the October 24, 2023 BZA meeting. _______________________________________________________________________________________ 1. PLN2023-00393 – A USE VARIANCE to convert a legal nonconforming duplex back into a fourplex within the Suburban Residential (SR-2) zoning district which no longer permits multi- family dwellings. The fourplex is the original layout of the building which was built in 1971 and the fourplex floorplan is existing. Applicant: Theresa Grant PO Box 26422 Dayton, OH 45406 Priority Land Use Board: North Central Planning District: Greenwich Village Decision: Approved with Conditions 2. PLN2023-00390– A conditional use request to utilize the property located at 2130 W Third St. Dayton, OH for a daycare center. The property is located with the T-Transitional zoning district and within the Roosevelt planning district. Applicant: Brown & Bills Architects 55 Hillside Ct Dayton, OH 45322 Priority Land Use Board: West Planning District: Roosevelt Decision: Approved with Conditions 3. PLN2023-00398– A Conditional Use request to utilize the property located at 54-60 High Street as a multi-family (4-unit) building within the MR-5 Mature Residential Zoning District. The subject property is located within the Historic Inner East Planning District and St. Anne's Hill Historic District. Applicant: Gretchen Winterhalter 55 La Belle St Dayton, OH 45403 Priority Land Use Board: Northeast Planning District: Historic Inner East Decision: Approved as Submitted The Board of Zoning Appeals meeting was adjourned at 6:02 P.M. Minutes approved by the Board of Zoning Appeals on January 23, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record November 28, 2023 1. BZA CASE# PLN2023-00393 – 1633 Linnbrook Drive A USE VARIANCE to convert a legal nonconforming duplex back into a fourplex within the Suburban Residential (SR-2) zoning district which no longer permits multi-family dwellings. The fourplex is the original layout of the building which was built in 1971 and the fourplex floorplan is existing. Applicant Theresa Grant PO Box 26422 Dayton, OH 45406 Owner Theresa Grant PO Box 26422 Dayton, OH 45406 Existing Land Use and Zoning: Residential property; SR-2 Suburban Single-Family District Surrounding Land Use and Zoning: North – Single Family Residential; SR-2 Suburban Single- Family District South – Single Family Residential; SR-2 Suburban Single- Family District East – Single Family Residential; SR-2 Suburban Single- Family District West – Single Family Residential; SR-2 Suburban Single- Family District Riverview Market & Eatery; MR-5 Mature Residential Land Use Board: North Central Planning District: Greenwich Village Planning Staff Contact: Elizabeth Dakin Ms. Dakin presented the case. Ms. Dakin presented an overview of the proposal and the site. Ms. Dakin provided context on the location, zoning, and character of the surrounding area and street. She shared images of the site plan, site conditions, and subject property. She shared the public comments for the case, for which there was none except for the North Central Priority Land Use Boards Recommendation for Approval. The applicant, Theresa Grant, was not present. Board of Zoning Appeals Page 2 November 28, 2023 Public Testimony No public comments were made. Board Discussion The Board discussed the proposal and brought up parking as a concern for the fourplex. They mentioned that at least one ADA space would be necessary and they were not sure if the lot behind the building would be enough to cover this as well as three other parking spaces as there was not a site plan to show the layout. Ms. Dakin stated that the applicant had stated at the North Central Priority Land Use Board meeting that she owns the parcel beside this one and would create more parking on that parcel as needed. Jeff Green, Planner II, also stated that the applicant will still need to go through permitting where they will have to prove that they can meet standards. Kyrsten French, Zoning Administrator, confirmed and stated that a full site plan would be needed for a certificate of occupancy. Board Decision A motion was made by Mr. Bement and seconded by Ms. Patterson and carried to determine that there is a preponderance of reliable, probative and substantial evidence to make the specified findings required under R.C.G.O. §150.120.10 (D)(2) and approve the application as submitted for a Use Variance with condition: 1) Street trees shall be installed in the front yard one (1) per thirty (30) linear feet per section 150.800.5(A) of the zoning code. Mr. Bement Yes Mr. Shaw Absent Ms. Graham Yes Ms. Patterson Yes Mr. Martin Yes Mr. Brand Absent Approved by the Board of Zoning Appeals on January 23, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record November 28, 2023 2. BZA CASE# PLN2023-00390 – 2130 W Third The subject property, 2130 W Third Street, is located within the Transitional (T) Zoning District and within the Westwood Planning District. A Day Care Center requires Conditional Use approval in the Transitional Zoning District. Applicant Brown and Bill Architects 55 Hillside Court Englewood, Ohio 45322 Owner Anne Trammell 1505 Olmsted Place Dayton, Ohio 45406 Existing Land Use and Zoning: Vacant Land; T (Transitional) Surrounding Land Use and Zoning: North – Transitional; (T) and Mature Residential (MR-5) South – Eclectic Residential; (ER-4) East – Transitional; (T) and Mature Multi Family; (MMF) West – Transitional; (T) Land Use Committee: West Land Use Planning District: Roosevelt Planning Staff Contact: Jake Plummer Mr. Plummer presented the case. The subject property, 2130 W Third Street, is located within the Transitional (T) Zoning District and within the Westwood Planning District. The applicant, Brown and Bills Architects is requesting Conditional Use approval in the Transitional Zoning District for a daycare center. Mr. Plummer presented an overview of the proposal and the site. Mr. Plummer provided context on the location, zoning, and character of the surrounding area and street. He shared images of the site plan, site conditions, and subject property. He shared the public comments for the case, for which there was none except for the West Land Use Boards Recommendation for Approval. Mr. Plummer detailed the primary considerations to the case. He noted that the proposal not only adds a needed amenity to the area but also serves as a generally compatible use with the nearby residential properties. Some stated reason why the staff believed the plan to be adequate was because driveway flows Board of Zoning Appeals Page 2 November 28, 2023 from Woodward Ave to W. Third, stopping cars from slowing down on W Third. It also resulted in a reduction of paved areas as well as new street trees along W Third and Woodward Ave. The location of the play area is in the best location away from the roads considering the site. Mr. Plummer also mentioned the Utility Pole that would likely be located within the play area currently on site. Mr. Plummer stated that staff is recommending the application be approved with the following condition: 1) The Removal of all unutilized curb bump-outs (curb cuts) on the subject property. This recommendation was based on what is considered best practice as well as to increase public safety. Public Testimony Sue Kirby, 55 Hillside Court, Englewood OH 45322, identified herself as the applicant. Ms. Kirby started by addressing the Utility Pole within the Play area and mentioned they were waiting for design and focus on construction drawings. Ms. Kirby also mentioned how the primary daycare being on the East Building and Kitchen will be on the West Building. Anne Trammell, 1505 Olmsted Place Dayton, Ohio 45406, owner of the subject property. Ms. Trammell mentioned they are currently running a daycare in Cincinnati, Ohio. She stated 24 children would be the maximum of children would be in the daycare. Board Discussion The board discussed the proposal mentioning that it was a well thought out proposal. Board Decision A motion was made by Ms. Graham and seconded by Mr. Bement and carried to determine that that there is a preponderance of reliable, probative and substantial evidence to make the specified findings required under R.C.G.O. §150.535 and approve the application as submitted for a Conditional Use with the following condition: 1) The Removal of all unutilized curb bump-outs on the subject property Mr. Bement Yes Mr. Shaw Absent Ms. Graham Yes Ms. Patterson Yes Mr. Martin Abstain Mr. Brand Absent Approved by the Board of Zoning Appeals on January 23, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record November 28, 2023 3. BZA CASE# PLN2023-00398 – 54-60 High Street A Conditional Use request to utilize the property located at 54-60 High Street as a multi-family (4-unit) building within the MR-5 Mature Residential Zoning District. The subject property is located within the Historic Inner East Planning District and St. Anne's Hill Historic District. Applicant Gretchen Winterhalter 55 La Belle St Dayton, Ohio 45403 Owner Gretchen Winterhalter 55 La Belle St Dayton, Ohio 45403 Existing Land Use and Zoning: Duplex; MR-5 (Mature Residential) Surrounding Land Use and Zoning: North – Single-Family Residential; MR-5 Mature Residential South – Single Family Residential; MR-5 Mature Residential East – Single Family Residential; MR-5 Mature Residential West – Bomberger Park; OS (Open Space) Land Use Committee: Northeast Planning District: Historic Inner East Planning Staff Contact: Jeff Green Mr. Green presented the case. The subject property, 54-60 High Street, is located within the Mature Residential (MR-5) Zoning District and the St. Anne’s Hill Historic District. The applicant, Gretchen Winterhalter is requesting Conditional Use approval to extablish a 4-unit residential (multi-family) building. Mr. Green presented an overview of the proposal and the site. Mr. Green provided context on the location, zoning, and character of the surrounding area and street. He shared images of the site plan, site conditions, and subject property. He shared the public comments for the case, which noted a good number of people for and against the proposal and the Northeast Land Use Boards Recommendation for Approval with a 3-2 vote. Board of Zoning Appeals Page 2 November 28, 2023 Mr. Green detailed the primary considerations to the case. He noted that historically the property was previously utilized as a 4-unit apartment in the past and that the building layout, both interior and exterior, was evidence of this. Mr. Green noted that the applicant is planning to construct a new parking pad in the rear which would bring the total number of parking spaces to 4 which would meet code. Mr. Green also stated that a 4-unit residential building could operate harmoniously in this area as it meets all other code requirements, such as parking, as it had previously done in the past. He noted the property was within the St. Anne’s Hill Historic District but no exterior renovations are being proposed so Landmarks Commission review was not being required. Mr. Green stated that staff is recommending the application be approved as submitted. This recommendation was based on, in staff’s opinion, the proposal meeting the required standards for approval and reasonably providing flexibility in providing further housing for the community. Public Testimony Gretchen Winterhalter, 55 La Belle St, Dayton OH 45403, identified herself as the applicant. Ms. Winterhalter describer where she lives and her a brief history of her connection with the city. She described how she acquired the property and its past history of a 4-unit multi-family building. Shirley Winterhalter, 230 S. Dutoit St, Dayton, Ohio 45402, noted her commitment to the neighborhood and described the house. Austin Klaus, 30 Drummer Ave, Dayton OH 45403, spoke in favor of the request and talked about the issues some people had with the property. Believes in increase in density is a good thing. Kevin Loney, 55 La Belle St, Dayton OH 45403, spoke in favor of the request and increasing the supply of safe and affordable housing in the community. Katie Gaylord, 54 La Belle St, Dayton OH 45403, Spoke in favor of the request. Previous tenant of Gretchen who now owns their own home in the community. Supportive of increase in housing units. Rod Olson, 26 High St, Dayton OH 45403, Spoke in favor of the request. Teresa McLaughlin, 54 La Belle St, Dayton OH 45403, Vice President of St. Anne’s Hill Historic Society. Described a brief history of the Historic District and the subject property. Went over some concerns of the neighbors. Andrea Frisby, 38 La Belle St, Dayton OH 45403, Opposed to the request. Believes the property should be used as a duplex and nothing more. Board Discussion The board discussed the proposal and noted that no variances from the code are being requested and that the proposal appears to meet the standards for approval with no significant red flags. Members of the board discussed the history and noted its use as a four-family unit building with modifications in the past versus a building that was not utilized a four-family at any point. Board of Zoning Appeals Page 3 November 28, 2023 Board Decision A motion was made by Mr. Bement and seconded by Ms. Graham and carried to determine that that there is a preponderance of reliable, probative and substantial evidence to make the specified findings required under R.C.G.O. §150.535 and approve the application as submitted for a Conditional Use. Mr. Bement Yes Mr. Shaw Absent Ms. Graham Yes Ms. Patterson Yes Mr. Martin Abstain Mr. Brand Absent Approved by the Board of Zoning Appeals on January 23, 2024. Jeff Green, Secretary Board of Zoning Appeals