Board of Zoning Appeals

City of Dayton Board of Zoning Appeals Minute Record Overview July 23, 2024 4:30 P.M. 6th Floor Training Room, City Hall 101 W. Third Street, Dayton, Ohio Members Present: Ms. Jacquelyn Patterson, Mr. Patrick Martin, Ms. Diana Graham, Mr. Joe Shaw, and Mr. Joe Craig. Members Absent: Mr. Tim Bement Mr. Martin called the meeting to order at 4:30 P.M. A motion was made and seconded to approve the minutes from the May 28, 2024 BZA meeting with the clarification that condition 6 of case PLN2024-00110 was meant that the applicant/owner is allowed to replace the content after 24 months. Ms. Graham left the meeting at 5:59 PM. _______________________________________________________________________________________ 1. PLN2024-00189 – A Variance request to construct a taller sign, then is permitted by code, for a vehicular fueling station with accompanying convenience store at the west corner of Brandt Pike and Needmore Road within the SGC Suburban General Commercial Zoning District. The Variance being requested is as follows: 1) increase the total allowable height of a freestanding height to 22 feet. The property is identified via Montgomery County Parcels R72217303 0005 and R72217303 0006 Applicant: McBride Dale Clarion c/o Jonathan Wocher 5721 Dragon Way Ste 300 Cincinnati, OH 45227 Priority Land Use Board: Northeast Planning District: Kittyhawk Decision: Approved as Submitted 2. PLN2024-00195– A bulk variances request to 1) construct a 12' tall sign for the urban meadow where a maximum sign height is 6'; and, 2) allow for a shed which does not have windows or a transparent door that faces Rugby Road. Both are in relation to the existing office use located at 1905-1909 Salem Avenue within the T Transitional Zoning District. Applicant: ManCo Property Services; c/o Daniel McNulty 1905 Salem Ave Dayton, OH 45406 Priority Land Use Board: North Central Planning District: Fairview Decision: Approved with Conditions 3. PLN2024-00190– A Conditional Use request to operate a vehicular fueling station with accompanying convenience store and restaurant for the property located at 1920-1944 Stanley Ave within the I-2 General Industrial Zoning District. The applicant also requests the following Variances: 1) increase the total amount of parking spaces allowed, 2) allow vehicle parking in the front yard where it is otherwise not permitted, 3) increase pylon sign height , 4) increase the allowable area for a pylon sign 5) increase the allowable area for a changeable copy pylon sign 6) BZA Minute Record Summary Page 2 July 23, 2024 increase directional signage size 6) increase directional signage height 7) increase the height of the proposed monument sign, and 9) decrease the amount of street trees along Stanley Avenue. Applicant: United Properties c/o Nicole Fontaine 1331 17th St Suite 604 Denver, CO 80202 Priority Land Use Board: Northeast Planning District: McCook Field Decision: Approved with Conditions 4. PLN2024-00188– A Use Variance request to establish a personal service establishment (barber shop) at 610 Wilfred Ave. (R72 04006 0021) in the Linden Heights planning district and zoned as MR-5 Mature Single-family Residential. A variance is requested for relief from the parking requirement, which is a total of 12 for all of the current ground-floor uses in the building and for which there are 2 off-street parking spaces available on the property. Applicant: Fouad Auhlat 4568 Croftshire Dr Kettering, OH 45440 Priority Land Use Board: Southeast Planning District: Linden Heights Decision: Approved with Conditions The Board of Zoning Appeals meeting was adjourned at 7:30 P.M. Minutes approved by the Board of Zoning Appeals on August 27, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record July 23, 2024 1. BZA CASE# PLN2024-00189; Western corner of the intersection at Brandt and Needmore A Variance request to construct a sign a 22-foot-tall free-standing sign where the code would permit such a sign to be no taller than 6 feet in height. Applicant McBride Dale Clarion 5721 Dragon Way Ste 300 Cincinnati, OH 45227 Owner Mount Pisgah Baptist Church of Dayton 1 Diamond Ave Dayton, OH 45403 Existing Land Use and Zoning: Vacant Land/SGC (Suburban General Commercial) Surrounding Land Use and Zoning: North – Vacant land; SGC South – Burger King/retail; SGC East – UDF/retail; SGC West – Vacant land; SGC Land Use Committee: Northeast Planning District: Kittyhawk Planning Staff Contact: Jeff Green Mr. Green presented the case. The applicant, McBride Dale Clarion, requests a variance request to construct a 22-foot-tall free-standing sign where the code would permit such a sign to be no taller than 6 feet in height within the SGC Zoning District. 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 received in support of the case. Mr. Green detailed the primary considerations to the case. He expressed the opinion that while the sign is taller, the suburban development pattern of the area and presence of signs just as tall in nearby properties mean such a sign would not be out of character for the area. Mr. Green further explained a unique factor Board of Zoning Appeals Page 2 July 23, 2024 for this application is the presence of a 20’ utility easement that forces the sign back and make it difficult to see with the street trees and landscaping as required by code. Mr. Green noted that the Northeast Land Use Board, in a 3-1 vote, recommended the application be approved as submitted. No other comments for or against the proposal were received. Mr. Green noted that based upon planning staff’s analysis and the standards for approval, staff would recommend the proposal be approved as submitted. Public Testimony The applicant was in attendance and presented a powerpoint and explained why the variance request was needed. Board Discussion The board discussed the application and believed the sign to be appropriate given the setback and existing signage placed nearby. Board Decision A motion was made Mr. Shaw and seconded by Mr. Craig 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 approve the application as submitted for a Variance. Mr. Bement Excused Mr. Shaw Yes Ms. Graham Yes Ms. Patterson Yes Mr. Martin Yes Mr. Craig Yes Approved by the Board of Zoning Appeals on August 27, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record July 23, 2024 2. BZA CASE# PLN2024-00195; 1905-1909 Salem Ave A bulk variances request to 1) construct a 12' tall sign for the urban meadowwhere a maximum sign height is 6'; and, 2) allow for a shed which does not have windows or atransparent door that faces Rugby Road. Both are in relation to the existing office use located at1905-1909 Salem Avenue within the T Transitional Zoning District. Applicant ManCo Property Services; c/o Daniel McNulty 1905 Salem Ave Dayton, OH 45406 Owner ManCo Property Services; Jule Rastikis 1905 Salem Ave Dayton, OH 45406 Existing Land Use and Zoning: Office and vacant land; T Surrounding Land Use and Zoning: North – Single-family residences; ER-4 South – Commercial/office, single-family residence; T East – Vacant commercial/office and automotive shop; T West – Community Park; T Land Use Committee: North Central Planning District: Fairview Planning Staff Contact: Elizabeth Dakin Ms. Dakin presented the case. The applicant, ManCo Property Services; c/o DanielMcNulty, requests a variance o 1) construct a 12' tall sign for the urban meadow where a maximum sign height is 6'; and, 2) allow for a shed which does not have windows or a transparent door that faces Rugby Road. Both are in relation to the existing office use located at 1905-1909 Salem Avenue within the T Transitional Zoning District. 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 that no other comments were received from the public regarding this proposal. Board of Zoning Appeals Page 2 July 23, 2024 Ms. Dakin detailed the primary considerations to the case. She expressed the opinion that while the sign is the taller sign is warranted here due to the unique factor that the sign is also sculpture with the main signage component being under 4-feet in height. She further noted that the accessory building is needed to house maintenance items for the site, but can be appropriate by adding additional landscaping elements, such as arbor vitae or street trees, along Rugby Road to better screen the side and meet the intent of the code. Ms. Dakin noted that the North Central Land Use Board, in a 3-1 voted to recommend that the BZA approve the applicant’s proposal as submitted Approval was recommended due to the proposal being in line with the Salem Avenue Business District neighborhood plan and because it complements the area because the community garden across Salem Avenue from this property also has a sculpture. Ms. Dakin noted that based upon planning staff’s analysis and the standards for approval, staff would recommend the proposal be approved with three conditions: 1. A pedestrian walking path from Rugby Rd to the platform with the benches and little library. 2. Additional landscaping using arbor vitae or street trees along the shed by Rugby Rd. 3. Combine parcels R72 11801 0011 – 0013. Public Testimony The applicant was in attendance and explained their idea to create an urban meadow and their proposed variance requests. Board Discussion The board discussed the and proposed conditions with the applicant. A discussion was had on what material the pedestrian walkway would be (natural vs. concrete). Landscaping and street trees were discussed in the context of is it appropriate for a prairie sort of feel. Board Decision A motion was made by Mr. Shaw 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)(1) and approve the application for Bulk Variances with the following conditions: 1. A pedestrian walking path from Rugby Rd to the platform with the benches and little library. The path can be natural. 2. Maintain landscaping using arbor vitae or street trees along the shed by Rugby Rd. 3. Combine parcels R72 11801 0011 – 0013. Mr. Bement Excused Mr. Shaw Yes Ms. Graham Yes Ms. Patterson Yes Mr. Martin Yes Mr. Craig Yes Approved by the Board of Zoning Appeals on August 27, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record July 23, 2024 3. BZA CASE# PLN2024-00190; 1920-1944 Stanley Ave A Conditional Use request to operate a vehicular fueling station with accompanying convenience store and restaurant for the property located at 1920-1944 Stanley Ave within the I-2 General Industrial Zoning District. The applicant also requests the following Variances: 1) increase the total amount of parking spaces allowed, 2) allow vehicle parking in the front yard where it is otherwise not permitted, 3) increase pylon sign height, 4) increase the allowable area for a pylon sign 5) increase the allowable area for a changeable copy pylon sign 6) increase directional signage size 6) increase directional signage height 7) increase the height of the proposed monument sign, and 9) decrease the amount of street trees along Stanley Avenue. Applicant United Properties c/o Nicole Fontaine 1331 17th St Suite 604 Denver, CO 80202 Owner Morris R E CO PO Box 42134 Cincinnati OH 45242 Existing Land Use and Zoning: Industrial/Office Buildings; I-2 Surrounding Land Use and Zoning: North – Fueling Station; I-1 South – Dollar Book Swap; I-2 East – Heavy Industrial; I-2 West – I-75; I-2 Land Use Committee: Northeast Planning District: McCook Field Planning Staff Contact: Jeff Green Mr. Green presented the case. The applicant, McBride Dale Clarion, request to operate a vehicular fueling station with accompanying convenience store and restaurant for the property located at 1920-1944 Stanley Ave within the I-2 General Industrial Zoning District. The applicant also requests the following Variances: 1) increase the total amount of parking spaces allowed, 2) allow vehicle parking in the front yard where it is otherwise not permitted, 3) increase pylon sign height, 4) increase pylon sign size area 5) increase directional signage size and 6) increase directional signage height. Board of Zoning Appeals Page 2 July 23, 2024 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 noted no further comments were received for or against the proposal. Mr. Green detailed the primary considerations to the case and noted whether he believed the standards for approval could be met for the Conditional Use and Each of the variances. He noted that the heavy industrial zoning designation of the property, I-75 being next to the property, and Stanley/Webster being commercial/arterial roads meant that the use would fit in well with the area and would be a natural fit. Mr. Green began to go over the variances and stated that the applicant had been working with staff to bring the property into further compliance with the code where feasible which resulted in 3 of the original 9 variance requests no longer being requested. Mr. Green went over the parking variances and stated that be believed both could meet the intent of the code. He noted that having a cap on the maximum capacity of parking spaces for a gas station was not reasonable and that parking in the front yard is a commonly found characteristic in nearby properties. Mr. Green additionally stated that while the gas canopy in the front yard did not qualify as a parking space, it was effectively the same concept where people would park their car to fill up. Mr. Green described the “mid-rise” sign proposed along I-75 and the variances needed for it in terms of height and scale. He stated that there are two existing billboards at 30 and 35 feet in height respectively, the applicant is proposing to remove these two billboards if the 40-foot sign could be granted. Mr. Green believed this to be a unique factor meaning it could meet the standards of proposal as it would result in a net loss of 1 large sign on the site and better meet the intent of the code. Mr. Green suggested that any approval should come with a condition that no further off-premise signage be permitted at this site. Mr. Green went over the final two variance requests which was for the truck directional signage. He went over the requested variances associated with this signage and did not believe it would be able to meet the standards for a variance as the signage was particularly large. He recommended the variances associated with this request be denied. Mr. Green noted that the Northeast Land Use Board, voted 4-0 to recommend that the BZA approve the applicant’s proposal with the condition that 2 trees be added to the island between the truck entrance and exit and that those trees be evenly spaced. Since the meeting, the applicant has revised the landscaping plan to meet this condition. He stated that no further comments for or against the proposal were received. Mr. Green noted that based upon planning staff’s analysis and the standards for approval, staff would recommend the proposal be approved with the following conditions: 1) No off-premises signage be placed on the site 2) The monument sign be no taller than 8 feet 3) Variance request for the 2 truck directional signs be denied Public Testimony The applicant, Nicole Fontaine, was in attendance and presented a powerpoint and explained the owners rational for the Conditional Use and each Variance request. The board and Ms. Fontaine discussed the directional signage request and what the need for larger signage was needed. Ms. Fontaine stressed the Board of Zoning Appeals Page 3 July 23, 2024 main point was to better direct truck traffic to the rear of the property where it is planned. A discussion was had on the best way to direct trucks to the rear of the property from off the highway. Jerry Bowling III, 522 Herbert Street, president of the McCook Field Neighborhood Association spoke in support of the proposal. Mr. Bowling stated that he believed this would cleanup the area and did not have any issue with any of the requested variances. Board Discussion The board discussed the Conditional Use and each of the requested variances. Aside from the directional signage, the board believed the rest of the variances and Conditional Use to be appropriate. The board and applicant further discussed the need for directional signage size and how to get trucks to be directed to the rear. Ms. Fontaine believed that additional directional signage could be made along Stanley Ave and that the truck exit sign could be reduced in size -but emphasized truck entrance sign should remain its proposed size. The board discussed the directional signage further between themselves, and believed that additional directional signage should be placed along Stanley Ave and the truck exit sign would be decreased in size – but the truck entrance sign made sense at its current size. Board Decision A motion was made Mr. Craig 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. §150.535 and §150.120.10(D)(1) and approve the application as submitted for a Conditional Use and Variances with the following conditions: 1) No off-premise signage permitted on the site 2) Ingress truck directional signage (Sign J) shall be 6 feet in height and 32 SF in size 3) Egress truck directional signage (Sign K) shall be 5 feet in height and 18 SF in size 4) Truck directional signage be placed along Stanley Avenue Mr. Bement Excused Mr. Shaw Yes Ms. Graham Excused Ms. Patterson Yes Mr. Martin Yes Mr. Craig Yes Approved by the Board of Zoning Appeals on August 27, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record July 23, 2024 4. BZA CASE# PLN2024-00188 – 610 Wilfred Ave. A Use Variance request to establish a personal service establishment (barber shop) at 610 Wilfred Ave. (R72 04006 0021) in the Linden Heights planning district zoned MR-5 Mature Single-family Residential. A variance is requested for relief from the parking requirement, which is a total of 12 for all of the current ground-floor uses in the building and for which there are 2 off-street parking spaces available on the property. Applicant Fouad Auhlat 4568 Croftshire Dr. Kettering, OH 45440 Owner A2Z Property Management LLC 3483 King Edwards Way Beavercreek, OH 45431 Existing Land Use and Zoning: Commercial and multi-family residential; MR-5 Surrounding Land Use and Zoning: North/South/East/West: Single-family residential; MR-5 Northwest: Everyday Food Mart; MR-5 Southeast: Commercial, auto uses; ENC and EGC Land Use Board: Southeast Planning District: Linden Heights Planning Staff Contact: Jen Hanauer As the Applicant, Mr. Auhlat, was not present due to a family emergency, the board discussed whether the case should be heard or pushed to a later meeting date. It was decided that the case would be presented and if there was not enough evidence to make a decision, the case would be tabled. Ms. Hanauer presented the case, a request for a Use Variance request to establish a personal service establishment (barber shop) at 610 Wilfred Ave. (R72 04006 0021) in the Linden Heights planning district zoned MR-5 Mature Single-family Residential. A variance is requested for relief from the parking requirement, which is a total of 12 for all of the current ground-floor uses in the building and for which there are 2 off-street parking spaces available on the property. The Lorain building on the subject property was built in 1930 as a mixed-use building with commercial uses on the ground floor and residential units on the second floor. Currently there is no opportunity to expand the property to add additional off-street parking. Ms. Hanauer showed photos of the street parking Board of Zoning Appeals Page 2 July 23, 2024 at different times of day and said that parking is permitted on both sides of Wilfred, Lorain, and Linden. Photos of the interior of the subject property and a floor plan show one barber station. There are no plans to add more stations. The barber shop had begun operation before obtaining approvals from the City, so this case originated as an enforcement case with Zoning. Southeast Land Use Board voted unanimously to recommend that the BZA approve the applicant’s proposal as submitted with the condition that a Good Neighbor Agreement be signed by the owner of the subject property and the neighborhood president, and that the agreement should stipulate that the owner of the subject property will do his best to prevent parking for the businesses in his building from interfering with the residential neighbors’ ability to park near their homes. The owner, the applicant, and the neighborhood president, Dawn Manuel, were amenable to this condition. SELUB would also like for the City to consider striping parking spots on Wilfred adjacent to the subject property as this may reduce the frequency of people parking too close to the stop sign and on the sidewalk. Ms. Hanauer stated that in conversation with additional nearby residents, the use as a barber shop was not opposed, but parking on the street was a consistent issue. There are no uses permitted in MR-5 that do not have some level of parking requirement, so in order to activate this building, street parking will need to be utilized. To address the issue of on-street parking, Ms. Hanauer spoke with City of Dayton Senior Engineer John Zelinski regarding the issue of parking on Wilfred. Mr. Zelinski said that it may be possible to add limited parking signs for the barber shop directly adjacent to the subject property. Mr. Zelinski noted that parking within 30 feet of a stop sign is prohibited by state law, but that the City can install a sign for the legal clearance from the stop sign if that is desired by the neighborhood. Mr. Zelinski stated that the City will not stripe the street parking spots next to the subject property because they would have to stripe to accommodate larger vehicles and so the neighborhood would lose several legal parking spaces. He also noted that Public Works cannot guarantee that parking will remain legal on Wilfred in perpetuity and that street parking should not be the deciding factor for the variance for parking. The applicant would operate the barber shop 5 or 6 days a week, depending on appointments, from the hours of 1 p.m. to 7 p.m. The applicant stated that the operation of this barber shop will support two families. Ms. Hanauer recommended approval of the applications as submitted. When asked to clarify if she would add any conditions, Ms. Hanauer said no, she would not recommend conditions, although she would support the development of a good neighbor agreement between the building owner and the neighborhood. Mr. Scott asked Mr. Bazelak if a good neighbor agreement would be legally enforceable, and Mr. Bazelak replied that it would depend on what it says. Ms. Hanauer suggested that referring the applicant and the neighbors to the Dayton Mediation Center may yield a positive solution to the parking issue. Public Testimony Phil Sparks, 603 Wilfred Ave., spoke in opposition to the application. He has lived in his home for 40 years and has never experienced a problem with parking until the applicant began running his barber shop on the subject property. Mr. Sparks stated that the applicant’s patrons take up all of the street parking and thinks that the applicant and his clients should park on the Linden side of the building. Ms. Hanauer asked if anything had changed for the parking situation since the SELUB meeting, and Mr. Sparks replied that no, there had not been a change. Mr. Sparks was asked if anything besides the parking has been a problem, and Mr. Sparks replied that no, there have not been other issues with the business, it is really Board of Zoning Appeals Page 3 July 23, 2024 just the parking. Mr. Scott pointed out that the photos Ms. Hanauer had showed of the area at different times of day do not show an overly dense parking situation, and Mr. Sparks said to believe him, it is, especially from noon until around 8 p.m. Mr. Shaw asked Mr. Sparks how much of the street parking is used for the laundromat, and Mr. Sparks estimated that it is very little and added that the customers always park on the Linden side. Mr. Shaw asked if the laundromat is fairly busy, and Mr. Sparks replied that no, it is not. He added that he plans to move if the street parking situation does not change. Ms. French suggested that a parking management plan developed by the owner of the subject property would be helpful in this situation. She added that it is difficult to enforce conditions placed on approvals for variances. Mr. Craig asked if it would be possible to add business hour restrictions as a condition of approval, and Ms. Hanauer replied that yes, that would be possible. Board Discussion Mr. Scott stated that he did not think it would be productive to hear this case again and suggested that the board could make a decision that night. Mr. Craig noted that when he drove by the subject property, there was a lot of open street parking on the surrounding streets. Mr. Scott asked who would be subject to a good neighbor agreement. Ms. French replied that the applicant and owner would need to be the ones to agree to a parking management plan. Mr. Shaw said that he may need to ask the applicant about his plan for where his employees will park. Ms. Patterson stated that when she has employees on a contract who are not performing as required, she must ask for a corrective action plan. She thinks that the owner of the subject property should have a corrective action plan for the barber shop for when complaints are received about the street parking. Ms. French noted that Mr. Sparks has called her repeatedly to report the issue with the street parking, but the applicant has said that what Mr. Sparks is saying is not true. Mr. Scott asked if the board had enough information to make a decision, and Mr. Shaw and Ms. Patterson stated that they would prefer to table the case. Mr. Shaw stated that it would be helpful to hear directly from the applicant what can be worked out for parking. Mr. Scott cautioned against making a decision based on parking and that the board rarely fails to approve a business because it doesn’t meet the off-street parking requirements. Mr. Craig asked if bicycle parking could be added to the subject property as a condition of approval. Mr. Scott said he was willing to entertain a tabling of the case because the applicant was not present. Mr. Green asked that if the board were to table the case that they be clear on what they would like for the applicant to address before the case returns to BZA. Mr. Scott said that if they need to get that specific, it may make sense to come to a decision and make those specifics conditions for approval. Board Decision A motion was made by Mr. Craig 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 Board of Zoning Appeals Page 4 July 23, 2024 under R.C.G.O. §150.120.10 (D)(2) and R.C.G.O. §150.120.10 (D)(1) and approve the application for a Use Variance and Variances with conditions: 1. The Owner shall establish a parking plan for the entirety of the property, subject to the approval of the Zoning Administrator. 2. Bicycle parking shall be added to the property per the requirements of Section 150.700 of the Zoning Code. Mr. Bement Excused Mr. Shaw Yes Ms. Graham Excused Ms. Patterson Yes Mr. Martin Yes Mr. Craig Yes Approved by the Board of Zoning Appeals on August 27, 2024. Jeff Green, Secretary Board of Zoning Appeals