Board of Zoning Appeals

BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on December 6, 2018, at 6:00 p.m. in the Public Safety Building located at 500 Quincy Street. President Shultz called the meeting to order at 7:00 p.m. ROLL CALL OF MEMBERS Present Absent Board Member Manchin Board Member Ragen Board Member Deasy Board Member Majic Board Member Bolyard President Shultz City Staff Present City Planner, Sandra Scaffidi Senior Staff Assistant, Maria Cipolla APPROVAL OF MINUTES November 1, 2018 and November 7, 2018 Commissioner Majic motioned to approve the minutes. Commissioner Bolyard seconded the motion. Motion carried 5-0 PUBLIC HEARINGS FOR December 6, 2018 1. Keith Craig requests a general appeal against an administrative decision provided by the City Planner regarding the use of a vacant lot to house a recreational vehicle (accessory structure). The proposed parcel is located on Mound Avenue at tax parcel 6-6-83 and is located in the Industrial Zoning District. President Shultz asked if there was anyone to speak in favor of this request. Keith Craig stated he bought a brush-covered lot. It cost him $5,000.00 to excavate the lot. He was not aware when he purchased it that he was not allowed to build a car port and small garage to storage his camper and pickup truck. He found out when he came to the City for a building permit. The property doesn’t adjoin his property. His neighbors do not have a problem with what he wants to do. President Shultz asked if there was anyone to speak against this request. There were none. President Shultz asked for a motion to close the public hearing Board Member Manchin motioned to close the public hearing. Board Member Majic seconded the motion. Motion carried 5-0 President Shultz asked for the staff report from the City Planner, Sandra Scaffidi. Sandra Scaffidi read her Staff Report. Page 1 of 3 The applicant requested permission to construct an RV shelter on a vacant lot on Mound Avenue. In a letter dated October 19, 2018, the request was denied because the Zoning Code states that accessory buildings cannot be constructed without primary structures existing on the lot. It was suggested that the property owners look into housing the RV on their own property which may require a variance from the Board of Zoning Appeals. There does not appear to be any grey area in this determination, the code does not allow for accessory buildings to be constructed independent of a primary structure on a vacant lot. The BZA must determine if the City Planner was correct in her decision to deny the construction of a garage to house an RV based on the CODE. The BZA cannot allow an action to take place that is against the Code. It is recommended that the Board of Zoning Appeals uphold the City Planner’s decision. If you do determine that I was incorrect in my decision, I would ask you to please present findings of fact for the record. The codes I used for my determination are Section 5.10 under accessory buildings and structures, as well as Section 4.35 Use and Parking of a Recreational Vehicle. The Commissioner and the City Planner had a detailed, lengthy discussion about this request. President Shultz asked for a motion on this request. Commissioner Manchin motioned to deny this request. Commissioner Majic seconded Commissioner Manchin’s motion. Motion carried 5-0 Sandra Scaffidi: I will write up findings of fact within the next thirty days. That will be the basis of your case against the City. It will outline everything we discussed here tonight. 2. Central Church of the Nazarene (Jim Davis) is requesting a variance from the Planning and Zoning Code Section 5.8 which requires fences in a residential neighborhood to not exceed 6’ in height. The applicant would like to install a 10 foot chain link fence around a soccer field. The proposed project is located on the 200 block of Walnut Avenue at tax parcel 3-2-70 and is located in the Neighborhood Residential Zoning District. President Shultz asked if there was anyone to speak in favor of this request. Jim Davis explained that they would like to establish a soccer field for the community. They would like to build a large fence because we don’t want the young players running out into the street after their soccer ball and keep it in play. They are applying for a Bowers grant to turn an older building located there into a concession stand. The fence will be a black chain-linked fence. He had thought about using netting, but he was concerned it would be slashed by people in the area because they are located in a tough part of the City. The fence will probably be located on the hill. They will have a door that locks at either end of the field for people to exit safely. They have an opportunity to get a very good deal on 10 foot fence. President Shultz asked if there was anyone to speak against this request. There were none. President Shultz asked for a motion to close the public hearing Board Member Deasy motioned to close the public hearing. Board Member Manchin seconded the motion. Motion carried 5-0 Page 2 of 3 President Shultz asked for the staff report from City Planner, Sandra Scaffidi. Sandra Scaffidi: We have been working with the applicants. They have had a DRC meeting and several private meetings. We are very supportive of their project. When I walked on the sidewalk (along the area for the proposed soccer field) and looked up, I thought about that ten foot fence. I thought it just might be too high because of the sloping hillside there. It is my recommendation that the variance for the front yard fence height be granted but only at a compromise of 8 feet. A ten foot tall fence feels excessive. I would also recommend looking into netting if the height is not tall enough. I would also require the property owner to place landscaping (shrubs and trees) outside the perimeter of the fence to soften its severity. Property owners are responsible for knowing where their property line is and I recommend a survey. My concerns are that the fence desired is too high for the neighborhood and it will look like a prison. Board Member Bolyard, Sandra Scaffidi, and the other Board members had a discussion about this request. President Shultz asked for a motion on this request. Commissioner Majic motioned to approve this request as submitted for a 10 foot fence. Commissioner Bolyard seconded Commissioner Manchin’s motion. Motion carried 5-0 Sandra Scaffidi reminded the applicants to obtain the proper permit. DISPOSITION OF PAST CASES None NEW BUSINESS None OTHER BUSINESS None ADJOURNMENT President Shultz asked for a motion to adjourn. Board Member Majic motioned to adjourn. Board Member Manchin seconded the motion. Motion carried 5-0. Page 3 of 3