Board of Zoning Appeals

City of Dayton Board of Zoning Appeals Minute Record Overview January 23, 2024 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, Mr. Joe Shaw, Mr. Joe Craig, and Ms. Diane Graham Members Absent: N/A Mr. Martin called the meeting to order at 4:30 P.M. A motion was made and seconded to approve the minutes from the November 28, 2023 BZA meeting. _______________________________________________________________________________________ 1. PLN2023-00466 – A Use Variance request to utilize the properties located at 15 and 19 S Monmouth Street as a parking lot within the MR-5 Mature Single-Family Zoning District and the Burkhardt Planning District. The applicant is also requesting a variance for the side yard setback. Applicant: Todd Gindelberger 615 Woodside Drive Englewood, OH 45322 Priority Land Use Board: Northeast Planning District: Burkhardt Decision: Approved with Conditions 2. PLN2023-00447– A variance application to reduce the required off-street parking requirements as part of the expected expansion of the owner’s facility, Bonbright Distributors. The subject property is located within the I-1 (Light Industrial) Zoning District with PD-47 overlay, and the Carillon Planning District. Applicant: IMT Properties Inc 1 Arena Park Dr Dayton, OH 45408 Priority Land Use Board: West Planning District: Carillon Decision: Approved The Board of Zoning Appeals meeting was adjourned at 5:21 P.M. Minutes approved by the Board of Zoning Appeals on February 27, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record January 23, 2024 1. BZA CASE# PLN2023-00446 – 15 S Monmouth St A Use Variance request to utilize the properties located at 15 and 19 S Monmouth Street as a parking lot within the MR-5 Mature Single-Family Zoning District and the Burkhardt Planning District. The applicant is also requesting a variance for the side yard setback. Applicant Todd Gindelberger 615 Woodside Drive Englewood, Ohio 45322 Owner The Living Word - Dayton 926 E National Road Vandalia, Oh 45377 Existing Land Use and Zoning: Vacant Land; MR-5 (Mature Residential) Surrounding Land Use and Zoning: North – Dream Center; T Transitional South – Single Family Residential; MR-5 Mature Residential East – Single Family Residential; MR-5 Mature Residential West – Single Family Residential; MR-5 Mature Residential Land Use Committee: Northeast Planning District: Burkhardt Planning Staff Contact: Jeff Green Mr. Martin noted that Mr. Bement is recusing himself from this case. Mr. Green presented the case. The subject property, 15-19 S Monmouth Street, is located within the Mature Residential (MR-5) Zoning District and across the alley from the Dream Center who is the applicant for the request. The Dream Center is requesting a Use Variance to utilize the subject properties as a parking lot with a variance request to reduce the required side yard setback to 5 feet. 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 Board of Zoning Appeals Page 2 January 23, 2024 conditions, and subject property. He shared the public comments for the case, which was several people in favor of the request and the Northeast Land Use Boards Recommendation unanimous recommendation of approval. Mr. Green detailed the primary considerations to the case. He noted that with the property being owned and operated by the Dream Center, it would help alleviate some of the parking issues found on the street which is limited. He further noted that the requested variance can be justified by providing a privacy fence which is requested by the adjacent property owner to the south. He further noted that if it were not for the alley separating the properties, then it could be consolidated and be a permissible accessory use with no Use Variance 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 helped the lack of available parking along the street which the Dream Center partially contributes to. Public Testimony Todd Gindelberger, 615 Woodside Dr, Englewood OH 45322, identified himself as the applicant. Mr. Gindelberger went over the history of the proposal and how it has evolved based off neighborhood and staff feedback. Noted he is in touch with eh water department regarding stormwater and will comply with what is required. Board Discussion The board discussed the proposal, and it seemed well thought out and they appreciated the applicant reaching out the community on this. The board noted that there did not seem to be any major concerns with the proposal. Board Decision A motion was made by Ms. Patterson and seconded by Mr. Shaw 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)(1) and 150.120.10(D)(2) and approve the application as submitted for a Use Variance and Variance with the following conditions: 1. The subject properties be consolidated into 1 lot. 2. A solid privacy fence be placed along the side setback (southern property line) Mr. Bement Recused Mr. Shaw Yes Ms. Graham Yes Ms. Patterson Yes Mr. Martin Yes Mr. Craig Yes Approved by the Board of Zoning Appeals on February 27, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record January 23, 2024 2. BZA CASE# PLN2023-00447 – 1 Arena Dr (Bonbright Distributors) A variance application to reduce the required off-street parking requirements as part of the expected expansion of the owner’s facility, Bonbright Distributors. The subject property is zoned as I-1 (light Industrial) Zoning District and has a Planned Development (PD-47) overlay. Applicant IMT Properties, Inc. 1 Arena Park Dr Dayton, OH 45408 Owner IMT Properties, Inc. 1 Arena Park Dr Dayton, OH 45408 Existing Land Use and Zoning: Wholesale/Distribution Facility; I-1 Light Industrial and PD-047 Surrounding Land Use and Zoning: North – Welcome Park; OS Open Space South –Sport Facilities; CI Campus Institutional East – UD Arena; CI Campus Institutional West –1-75 Land Use Committee: West Planning District: Carillon Planning Staff Contact: Ellen Sizer Ms. Sizer presented the case. A variance request to reduce the required off-street parking requirements as part of the expected expansion of the Bonbright Distributors Inc. on 1 Arean Park Dr. The existing facility provides 94 parking spaces. The applicant is requesting a variance to reduce the number of required off-street parking spaces from the required 52 additional spaces to 17 additional spaces. Ms. Sizer presented an overview of the proposal and the site. Ms. Sizer provided context on the location, zoning, and character of the surrounding area and street. Ms. Sizer shared images of the site plan, site conditions, and subject property. She shared the public comments for the case. Ms. Sizer detailed the primary considerations to the case. She noted that the primary intent of parking requirements is to ensure uses have a sufficient number of parking spaces available. In this case, Board of Zoning Appeals Page 2 January 23, 2024 Bonbright’s primary use of the property is wholesale and distribution. And the majority of building space is utilized for storage with most parking used for employees only. Ms. Sizer noted that the intent of the code can be met given the amount of parking spaces already available on site and nature of the business. Ms. Krysten French, the zoning administrator, added more explanation and context from the zoning code perspective. Public Testimony Mr. Brian Mitchell, 1 Arena Park Dr Dayton, OH 45408, identified as the owner representee for the applicant, Bonbright Distributors. Mr. Brian Mitchell added more context to the future expansion questions from the board. Board Discussion The board discussed the proposal and appeared to meet the standards for approval with no significant red flags. Members of the board discussed the Bonbright’s future expansion and agreed that the intent of the code can be met given the amount of parking spaces already available on site and nature of the business. Board Decision A motion was made by Mr. Bement and seconded by Ms. Patterson 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. §150.120.10(D)(1) and approve the application as submitted for a Variance. Mr. Bement Yes Mr. Shaw Yes Ms. Graham Yes Ms. Patterson Yes Mr. Martin Yes Mr. Craig Yes Approved by the Board of Zoning Appeals on February 27, 2024. Jeff Green, Secretary Board of Zoning Appeals