Board of Zoning Appeals

City of Dayton Board of Zoning Appeals Minute Record Overview October 22, 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 September 24, 2024 BZA as submitted. _______________________________________________________________________________________ 1. PLN2024-00315 – A Variance application request to place an eight (8) foot high chain link fence with eight (8) foot black windscreen fence fabric attached for the property located at 1515 Nicholas Road within the I-2 General 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 eight (8) feet. Applicant: DuPont Electronic Polymers 1515 Nicholas Rd Dayton, OH 45417 Priority Land Use Board: West Planning District: Edgemont Decision: Approved as Submitted The Board of Zoning Appeals meeting was adjourned at 4:45 P.M. Minutes approved by the Board of Zoning Appeals on November 26, 2024. Jeff Green, Secretary Board of Zoning Appeals  City of Dayton Board of Zoning Appeals Minute Record October 22, 2024 1. BZA CASE# PLN2024-00315– 1515 Nicholas Rd A Variance application request to place an eight (8) foot high chain link fence with eight (8) foot black windscreen fence fabric attached for the property located at 1515 Nicholas Road within the I-2 General 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 eight (8) feet. Applicant DuPont Electronic Polymers 1515 Nicholas Road Dayton, OH 45417 Owner DuPont Electronic Polymers 1515 Nicholas Road Dayton, OH 45417 Existing Land Use and Zoning: Industrial; I-2 General Industrial Surrounding Land Use and Zoning: North –Storage; I-1, I-2 South – Commercial, Manufacturing & the Great Miami River; I-2 & Open Space (OS) East - Municipal Building, Manufacturing, Commercial & Residential; I-2, MR-5 West – Dayton Humane Veterinary Hospital, Paul Laurence Dunbar High School, Vacant; I-1, Single Family Residential (SR-2) Land Use Board: West Planning District: Edgemont Planning Staff Contact: Ellen Sizer Ms. Sizer presented the case. 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. She shared images of the site plan, site conditions, and subject property. She noted the comments received for and against the request. Board of Zoning Appeals Page 2 October 22, 2024 Ms. Sizer detailed the primary considerations regarding the proposal and the standards for approval. She noted that this case is primarily about the height of the proposed fence and material used. Ms. Sizer believes that the requested variances can meet the standards of approval due to the unique character of the area, the presence of similar fencing types and heights, and the absence of detrimental effects on the character of the area. Furthermore, she acknowledges that the applicant has proposed landscaping plans that exceed code requirements. Public Testimony The applicant was in attendance. No presentation. Board Discussion The board discussed the request and agreed the request was appropriate with the landscaping and presence of similar fencing type in the surrounding properties. 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. 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 November 26, 2024. Jeff Green, Secretary Board of Zoning Appeals