Board of Zoning Appeals

City of Dayton Board of Zoning Appeals Minute Record Overview September 24, 2024 4:30 P.M. 6th Floor Training Room, City Hall 101 W. Third Street, Dayton, Ohio Members Present: Ms. Jacquelyne 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 August 27, 2024 BZA as submitted. _______________________________________________________________________________________ 1. PLN2024-00284 – A variance request to reduce the required rear yard setback from 30 feet to 19 feet for the construction of an addition to the house. The subject property is located at 6458 Ring Neck Dr and is located within the SR-2 (Suburban Residential) Zoning District Applicant: Frank and Margeret Conley 6458 Ring Neck Dr Dayton, OH 45424 Priority Land Use Board: Northeast Planning District: Pheasant Hill Decision: Approved as Submitted 2. PLN2024-00281– A Variance application to place a 6 feet tall chain link (nylon coated) fence for the property located at 34 N Torrence Street within the I-1 Light Industrial Zoning District. The applicant is requesting the following variances associated with this request: 1) place a chain link fence along a street frontage where such a fence type is not permitted and 2) increase the allowable fence height in a front yard to 6 feet. Applicant: Techmetals Inc 345 Springfield St Dayton, OH 45403 Priority Land Use Board: Northeast Planning District: Springfield Decision: Approved with Conditions 3. PLN2024-00282– A Variance application to place a 6 feet tall chain link (nylon coated) fence for the property located at 52 N Horton Street within the MR-5 Mature Residential Zoning District. The applicant is requesting the following variances associated with this request: 1) place a chain link fence along a street frontage, 2) increase the allowable height of a chain link fence to 6 feet, and 3) place the proposed fence on the property without a principal use or building on the subject site. Applicant: Techmetals 345 Springfield St Dayton, OH 45403 Priority Land Use Board: Northeast Planning District: Springfield Decision: Approved with Conditions BZA Minute Record Summary Page 2 September 24, 2024 4. PLN2024-00283– A Variance application to place a 6 feet tall chain link (nylon coated) fence for parcel R72 04509 0066 within the I-1 Light Industrial Zoning District. The applicant is requesting the following variances associated with this request: 1) place a chain link fence along a public right- of-way, 2) increase the allowable height of a fence to 6 feet, and 3) place the proposed fence on the property without a principal use or building on the subject site. Applicant: Techmetals Inc 345 Springfield St Dayton, OH 45403 Priority Land Use Board: Northeast Planning District: Springfield Decision: Approved with Conditions The Board of Zoning Appeals meeting was adjourned at 5:57 P.M. Minutes approved by the Board of Zoning Appeals on October 22, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record September 24, 2024 1. BZA CASE# PLN2024-00284– 6458 Ring Neck Dr A variance request to reduce the required rear yard setback from 30 feet to 19 feet for the construction of a sunroom. The subject property is located at 6458 Ring Neck Dr and is located within the SR-2 (Suburban Residential) Zoning District Applicant Frank and Margaret Conley 6458 Ring Neck Dr Dayton, OH 45424 Owner Frank and Margaret Conley 6458 Ring Neck Dr Dayton, OH 45424 Existing Land Use and Zoning: Single-Family Residence; SR-2 Surrounding Land Use and Zoning: North – SF Residence; SR-2 South – SF Residence; SR-2 East – SF Residence; SR-2 West – SF Residence; SR-2 Land Use Board: Northeast Planning District: Pheasant Hill Planning Staff Contact: Jeff Green Mr. Green presented the case. 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 that staff has not received any public comments on this case. Mr. Green detailed the primary considerations regarding the proposal and the standards for approval. He noted that as a corner lot and placement of the house, no further additions to the building can be completed. Mr. Green pointed out other nearby corner lots that have similar rear setbacks in comparison to what is being proposed. He stated that the granting of the request would not deviate from the suburban development pattern for the area nor would it lead to being out of place. Board of Zoning Appeals Page 2 September 24, 2024 Mr. Green shared the recommendation that the application be approved as submitted. Mr. Green’s recommendation was based on his analysis of the Standards for a Variance. Public Testimony The applicants, Frank and Margaret Conley, 6458 Ring Neck Dr, Dayton, OH,45424 were in attendance. The Conley’s explained the need for the addition was due to Margaret having health and mobility issues. They expressed that this should not disrupt the area. Board Discussion The board discussed the request and believed it could meet the necessary standards for approval. 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 as submitted for a Variance as submitted. Mr. Bement Absent Mr. Shaw Yes Ms. Graham Yes Ms. Patterson Yes Mr. Martin Yes Mr. Craig Yes Approved by the Board of Zoning Appeals on October 22, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record September 24, 2024 2. BZA CASE# PLN2024-002281– 34 N Torrence St A Variance application to place a 6 feet tall chain link (nylon coated) fence for the property located at 34 N Torrence Street. The applicant is requesting the following variances associated with this request: 1) place a chain link fence along a street frontage where such a fence type is not permitted and 2) increase the allowable fence height in a front yard to 6 feet. Applicant Techmetals Inc 345 Springfield St Dayton, OH 45403 Owner Techmetals Inc 345 Springfield St Dayton, OH 45403 Existing Land Use and Zoning: Light Industrial Building; I-1 Surrounding Land Use and Zoning: North – Roby Supply; I-1 South – Duplex; MR-5 East – Vacant Land/SF home; I-1/MR-5 West – SF Residence; MR-5 Land Use Board: Northeast Planning District: Springfield Planning Staff Contact: Jeff Green Mr. Green presented the case. 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 the comments received for and against the request. Mr. Green detailed the primary considerations regarding the proposal and the standards for approval. He noted that this case is primarily about the height of the proposed fence and material used. Mr. Green noted that while he believes, given the surrounding properties, the fence height and type is not an issue – consideration should be given to safeguarding the public streetscape and ingress/egress from intersections. Board of Zoning Appeals Page 2 September 24, 2024 Mr. Green shared the recommendation that the application be approved with the following conditions: • The fence along N Torrence Street be placed behind the front building setback line of the abutting house to the south (28/30 N Torrence). • The vision clearance regulations for intersection, found in 150.410, are obeyed for the proposed fence. • The fence be setback 4 feet from the southern lot line Mr. Green noted that the recommendation is based on staff analysis of the standards for approval and similar fencing found within the area. Public Testimony The applicant’s representative, Reggie Stratton, 345 Springfield St, Dayton, OH,45403 was in attendance. Mr. Stratton presented a PowerPoint highlighting why, in Techmetal’s opinion, the variances were needed and could be justified. Mr. Stratton’s Powerpoint also went over the request for PLN2024-00282 and 00283, both of which would also be heard later on this evening as variance requests. Board Discussion The board discussed the request and discussed the need to keep the standard of N Torrence Street. Landscaping was discussed as a possible condition for approval to better buffer the fence off N Torrence Street. The board noted that any landscaping shouldn’t interfere with the visibility along the intersection. The Board discussed, and noted, that a fence could go up to the property line. A discussion between the board and Mr. Stratton occurred over adding a condition to set the fence further back off the southern property line to which Mr. Stratton agreed was appropriate. 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 under R.C.G.O. §150.120.10(D)(1) and approve the application as submitted for a Variance with the following conditions: 1. The fence along N Torrence Street be placed behind the front building setback line of the abutting house to the south (28/30 N Torrence). 2. The vision clearance regulations for intersection, found in 150.410, are obeyed for the proposed fence. 3. The fence be setback 4 feet from the southern lot line. 4. Landscaping be placed along the N Torrence frontage with the approval of city staff to maximize visibility. Mr. Bement Absent Mr. Shaw Yes Ms. Graham Yes Ms. Patterson Yes Mr. Martin Yes Mr. Craig Yes Approved by the Board of Zoning Appeals on October 22, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record September 24, 2024 3. BZA CASE# PLN2024-00282– 52 N Horton A Variance application to place a 6 feet tall chain link (nylon coated) fence for parcel R72 04509 0066 within the MR-5 Mature Residential Zoning District. The applicant is requesting the following variances associated with this request: 1) place a chain link fence along a public right-of-way, 2) increase the allowable height of a fence to 6 feet, and 3) place the proposed fence on the property without a principal use or building on the subject site. Applicant Techmetals Inc 345 Springfield St Dayton, OH 45403 Owner Techmetals Inc 345 Springfield St Dayton, OH 45403 Existing Land Use and Zoning: Vacant Lot; MR-5 Surrounding Land Use and Zoning: North – Techmetals; I-1 South – SF Residence; MR-5 East – Duplex and Multi-Family; MR-5 West – Vacant Land; I-1 Land Use Board: Northeast Planning District: Springfield Planning Staff Contact: Jeff Green Mr. Green presented the case. 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 the comments received for and against the request. Mr. Green detailed the primary considerations regarding the proposal and the standards for approval. He noted that this case is primarily about the height of the proposed fence, material used, and placement without a primary structure. Mr. Green noted that while he believes, given the surrounding properties, the fence height and type is not an issue – consideration should be given to safeguarding the public streetscape and ingress/egress from intersections. Mr. Green stated that any fence should be setback to the property to the south to ensure a fence is not the first thing seen along N Horton Street. Board of Zoning Appeals Page 2 September 24, 2024 Mr. Green shared the recommendation that the application be approved with the following conditions: • The fence along N Horton Street be placed behind the front building setback line of the abutting house to the south (38 N Horton). • The vision clearance regulations for intersection, found in 150.410, are obeyed for the proposed fence. • Any portions of sidewalk in disrepair along N Horton be repaired • Add street trees along N Horton to help maintain a residential character Mr. Green noted that the recommendation is based on staff analysis of the standards for approval and similar fencing found within the area. He stated that should the variances be approved, and the proper conditions placed on site, then the request would not deviate from the established characteristics of the area. Public Testimony The applicant’s representative, Reggie Stratton, 345 Springfield St, Dayton, OH,45403 was in attendance. Mr. Stratton presented a PowerPoint highlighting why, in Techmetal’s opinion, the variances were needed and could be justified. Mr. Stratton’s Powerpoint also went over the request for PLN2024-00281 and 00282, which will be heard considered this evening. Board Discussion The board discussed the request and discussed the need to keep the standard of N Horton Street. The board agreed any fencing should be placed behind the front building setback line of the house to the south. A discussion of the fencing materials, and height, of the surrounding properties occurred with chain link being very common in this area. The board agreed the standards of approval could be met. Board Decision A motion was made by Mr. Shaw and seconded by Ms. Graham 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 with the following conditions: 1. The fence along N Horton Street be placed behind the front building setback line of the abutting house to the south (38 N Horton). 2. The vision clearance regulations for intersection, found in 150.410, are obeyed for the proposed fence. 3. Any portions of sidewalk in disrepair along N Horton be repaired 4. Add street trees along N Horton to help maintain a residential character Mr. Bement Absent Mr. Shaw Yes Ms. Graham Yes Ms. Patterson Yes Mr. Martin Yes Mr. Craig Yes Approved by the Board of Zoning Appeals on October 22, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record September 24, 2024 4. BZA CASE# PLN2024-00283– Parcel R72 04509 0066 A Variance application to place a 6 feet tall chain link (nylon coated) fence for parcel R72 04509 0066 within the I-1 Light Industrial Zoning District. The applicant is requesting the following variances associated with this request: 1) place a chain link fence along a public right-of-way, 2) increase the allowable height of a fence to 6 feet, and 3) place the proposed fence on the property without a principal use or building on the subject site. Applicant Techmetals Inc 345 Springfield St Dayton, OH 45403 Owner Techmetals Inc 345 Springfield St Dayton, OH 45403 Existing Land Use and Zoning: Vacant Lot; I-1 Surrounding Land Use and Zoning: North – Techmetals; I-1 South – SF Residence; MR-5 East – Duplex and Multi-Family; MR-5 West – Vacant Land; I-1 Land Use Board: Northeast Planning District: Springfield Planning Staff Contact: Jeff Green Mr. Green presented the case. 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 the comments received for and against the request. Mr. Green detailed the primary considerations regarding the proposal and the standards for approval. He noted that this case is primarily about the height of the proposed fence, material used, and placement without a primary structure. Mr. Green noted that while he believes, given the surrounding properties, the fence height and type is not an issue – consideration should be given to safeguarding the public streetscape and ingress/egress from intersections. Mr. Green stated that any fence should be setback to the property to the south to ensure a fence is not the first thing seen along N Horton Street. Board of Zoning Appeals Page 2 September 24, 2024 Mr. Green shared the recommendation that the application be approved with the following conditions: • The fence along N Horton Street be placed behind the front building setback line of the abutting house to the south (37 N Horton). • The vision clearance regulations for intersection, found in 150.410, are obeyed for the proposed fence. • Any portions of sidewalk in disrepair along N Horton be repaired • Add street trees along N Horton to help maintain a residential character Mr. Green noted that the recommendation is based on staff analysis of the standards for approval and similar fencing found within the area. He stated that should the variances be approved, and the proper conditions placed on site, then the request would not deviate from the established characteristics of the area. Public Testimony The applicant’s representative, Reggie Stratton, 345 Springfield St, Dayton, OH,45403 was in attendance. Mr. Stratton presented a PowerPoint highlighting why, in Techmetal’s opinion, the variances were needed and could be justified. Mr. Stratton’s Powerpoint also went over the request for PLN2024-00281 and 00282, which will be heard considered this evening. Board Discussion The board discussed the request and discussed the need to keep the standard of N Horton Street. The board agreed any fencing should be placed behind the front building setback line of the house to the south. A discussion of the fencing materials, and height, of the surrounding properties occurred with chain link being very common in this area. The board agreed the standards of approval could be met. Board Decision A motion was made by Ms. Graham 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 approve the application as submitted for a Variance with the following conditions: 1. The fence along N Horton Street be placed behind the front building setback line of the abutting house to the south (37 N Horton). 2. The vision clearance regulations for intersection, found in 150.410, are obeyed for the proposed fence. 3. Any portions of sidewalk in disrepair along N Horton be repaired 4. Add street trees along N Horton to help maintain a residential character Mr. Bement Absent Mr. Shaw Yes Ms. Graham Yes Ms. Patterson Yes Mr. Martin Yes Mr. Craig Yes Approved by the Board of Zoning Appeals on October 22, 2024. Jeff Green, Secretary Board of Zoning Appeals