Board of Zoning Appeals

The Board of Zoning Appeals (“Board”) met on Monday, June 13, 2022, at 2:00 pm in the 1897 Room, 104 E. Main St, Lancaster, Ohio. Members present were Rebecca Anderson, Jim Edwards, Belinda Nebbergall. Members absent were Jim Bahnsen and Tom Oatney. Staff present were Mitch Harden, City Prosecutor’s Office, Pete Vail, Zoning Official, Geoff Davis, Building Official, Phyllicia Faieta, Mayor’s Office, Kevin Funk, Administrative Assistant, and Kendra Brown Permit Clerk. Chairman Mr. Oatney called the meeting to order and explained the procedures of the meeting. Mr. Oatney also advised that anyone addressing the Board would be sworn in before speaking. All those wishing to speak were sworn in. Mr. Oatney read the Notice of Appellate Rights to all attendees. Mr. Edwards made a motion to approve the minutes from the May 9, 2022, meeting; Ms. Anderson seconded. The members voted by voice to unanimously accept the minutes as provided. BZA Case No. 642 Ms. Theresa Spires of 2184 Lendale Dr., Lancaster, Ohio, has applied for a special exception for the same property (BZ-00 642), also known as parcel number 0531262300. The property is zoned RS-3: Residential Single-family High Density. Ms. Spires wishes to have her property used as an Air BnB while she is away for the next year. Planning & Zoning Code Section 1129.02{d)(7) requires a special exception be granted for a bed & breakfast which is similar to an Air BnB. The Board may choose to approve an area variance to allow the parking to take place in the driveway and not in the rear yard as required. Ms. Spires is requesting the Board to grant thew special exception for the Air BnB. Ms. Spires did not appear at the scheduled hearing, and no one appeared on her behalf. Mr. Jeremy Call of 2190 Lendale Dr appeared on behalf of himself and some neighbors in the area of the proposed Air BnB against granting the requested action. Mr. Call brought a letter stating the reasons why they feel the request should not be granted. Mr. Vail read the letter stating: 1. We reside in a residential neighborhood with families, children, grandchildren etc. 2. Very few renters in the neighborhood, meaning it is an established community with most people living there 20 plus years. 3. Many of our neighbors are elderly, some sick, and feel safe in our neighborhood. 4. The uncertainty of wo is staying there one week to the next is a major risk to our neighborhood. It only takes ONE time to ruin someone’s life, someone’s family. You have no idea wo the occupants are. Where they come from, or where they are going. 5. How do you know who they are? Are they predators? You don’t know. Now you’re inviting them into our neighborhood.  6. My wife and I are completely opposed to any consideration of zoning change to allow a Air BnB at the address of 2184 Lendale Dr. or anywhere within Lendale Dr. Signed by Jeremy call and Deanna call of 2190 Lendale Dr and Joshua Bently of 2176 Lendale Dr Mr. Oatney stated it’s already being used as an Air BnB since April 2022. Asked if there had been any problems so far. Mr. Call stated there had not been any to his knowledge. Ms. Anderson asked where the renters have been parking. Mr. Call stated in the driveway. Ms. Anderson asked if that had created a problem. Mr. Call stated it has not. Mr. Bahnsen asked how it was being rented, couple nights, weekly rental. Mr. Vail stated we do not have any knowledge of how many nights within a month the Ohio revised code covers different residential scenarios of transient living it is. Mr. Bahnsen asked if someone rented a property for 6 months would that be long- or short-term rental. Mr. Vail stated that it would be long term. Mr. Edwards asked if there were consistent renters there every week. Mr. Call stated yes for at least the past month these have been people there every weekend. Mr. Edward asked if Mr. Call had any contact with Ms. Spires. Mr. Call stated his wife contacted Ms. Spires through Facebook when they noticed there was someone in the home when they knew Ms. Spires was out of town and Ms. Spires stated the Calls that she was aware. Mr. Edwards asked if Mr. Call knew when Ms. Spires would return. Mr. Call stated they do not know when she will return. Ms. Anderson asked what made Ms. Spires apply, did she get a notice? Mr. Vail stated Ms. Spires came into the office because Ms. Spires wanted to money while she was gone for the next year. Mr. Edwards asked if she was paying the bed tax. Mr. Vail stated that if she is not a copy of this will go to the Income tax department. Ms. Anderson asked what the City’s position is, Mr. Vail states we do not have anything in the code for Air BnB’s. The City has been ok with it as long as they been able to provide parking in the rear and there hasn’t been any resistance to it so far. Only case where there is only parking in the front and would not be able to establish parking in the back. Ms. Anderson asked about the special exception uses, the establishment must be operated by owner occupant. Mr. Vail stated Ms. Spires will not be living there. Mr. Bahnsen raised a concern that the home would be vacant while Ms. Spires is away and what problems will occur or have an attractive nuisance. Mr. Edwards stated that the home could also be used as a long-term rental. Mr. Call stated with a long-term renter that would be someone you could know, not just a visitor for the weekend. There were no communications nor objections from the City. There was no one else in the audience for or against granting the requested action. Mr. Oatney made a motion to approve the use variance and the special exception as proposed; Mr.. Edwards seconded the motion. The members voted 1-4 by roll call to not grant the special exception and the use variance and signed an entry stating the same. BZA Case No. 643 Mr. Casper Dye, property owner of 654 King St. has applied for an area variance for the same property(BZ-00643) also known as parcel number 1533071300. This property is zoned RS-4: Residential Single-family Highest Density. Mr. Dye wishes to replace a garage he demolished in 2021 with a new garage measuring 28' X 40' or 1,120 square feet. Planning & Zoning Code Section 1125.02(d) requires that the square footage of detached accessory structures not exceed sixty percent of the ground floor area. Calculations show Mr. Dye would be allowed 762 square feet for the new garage. His request is 358 square feet over what is allowed. When looking at the site plan this building will be placed fifty feet from the rear lot line. The new building will be eighteen feet high or less. Mr. Dye is requesting the Board to grant an area variance for the additional square feet for the new detached garage. After a brief description from Mr. Casper Dye of 654 King St detailing garage. Mr Dye stated he recently had his van stolen with all his work tools inside decided that he would like to build a bigger garage that will allow both vehicles to be parked in it. Ms. Anderson asked if the old concrete pad is still there. Mr. Dye stated it is and will be used as part of the new garage. Ms. Anderson asked about the height of the garage. Mr. Dye stated it will be at eighteen feet. There were no communications nor objections from the City. There was no one in the audience for or against granting the requested action. Mr. Edwards made a motion to approve area variance for the additional square footage; Ms. Anderson seconded the motion. The members voted unanimously by roll call to grant the special exception and signed an entry stating the same. Mr. Edward inquired about the cases 638 and 641 that were tabled at the May 9, 2022 meeting and if they were to be heard today. Mr Vail stated he did not hear from the owners and did not add to today’s agenda. Mr. Oatney made a motion to adjourn; Mr. Edwards seconded. The members voted unanimously to adjourn by voice vote.