Board of Zoning Appeals

Board of Zoning Appeals Meeting Minutes Monday, December 12, 2022 The Board of Zoning Appeals (“Board”) met on Monday, December 12, 2022, at 2:00PM in the 1897 Conference Room, 104 E. Main St., Lancaster, Ohio. Board Members present were Belinda Nebbergall, Jim Bahnsen, Tim Oatney, and Rebecca Anderson. City Staff present were Stephanie Hall, Mitch Harden, Paul Martin, Pete Vail, Phyllicia Faieta, and Kendra Brown. Members of the public that were present included Holly Mattei (representing Crossroads Community Planning) Helen McCandish and Phillip Gambrell. Mr. Oatney called the meeting to order at 2:00PM. Mr Bahnsen made a motion to approve the minutes from the August 29th special meeting, the regular September 12th and October 10th meeting. Mr Edwards seconded. The members voted by voice to unanimously accept the minutes as provided Mr Oatney explained the procedures of the meeting. He 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. BZA CASE NO. 652 Ms. Helen McCandlish, of 744 N. Broad St., Lancaster, Ohio, has applied for a special exception for her residence, also known as parcel number 0532061500. The property is zoned RS‐3 Residential Single‐Family High Density. Ms. McCandlish wishes to use her property as an Airbnb. Planning & Zoning Code Section 1129.02(d)(7) requires a special exception be granted for a bed & breakfast which is like an Airbnb. Ms. McCandlish has stated that all parking can take place in the rear of the property off the alley. Ms. McCandlish is requesting that the Board grant the special exception for her Airbnb. After a brief description from Ms. McCandlish detailing the Airbnb. Ms. McCandlish has a shared Airbnb single room on the first floor. Ms. McCandlish is living in the home and is staying there while the visitors are there. Using it for extra income. There were three letters given to the board from Ms. McCandlish give some background about herself, what she does for the Airbnb and why she is requesting the special exception. The other two are from Andrew Semelsberger and William Jensen Jr. both giving good reviews of their stays. Has been operating the Airbnb since August 2022. Has not have any issues with the school. Does an additional background search beyond what Airbnb does. There were no communications nor objections from the City, meets the requirements. There was no one in the audience for or against granting the requested action.  Mr. Edwards a made a motion to approve the use variance and the special exception as proposed; Ms. Anderson seconded the motion. The members voted unanimously by roll call to grant the special exception and the use variance and signed an entry stating the same. BZA CASE NO. 653 Mr. Allan Pressnell, of 33 Coffee, LLC, Logan, Ohio, has applied for three area variances (application BZ-00653) to reduce the setbacks for a proposed coffee drive-thru restaurant at 1260 N. Memorial Dr. The property is zoned CG Commercial General and is owned by FFJ, LLC. Planning & Zoning Code Section 1133.03(d) a 50 ft. setback from an arterial or freeway service road and a 25 ft. setback from a non-arterial or freeway service road. Planning & Zoning Code Section 1151.03(b) The code also requires a 25 ft. setback from the Right-of-Way Line. Due to the irregular shape of the parcel, the applicant is not able to meet those setback requirements. The site plan also shows the dumpster enclosure placed within the Right-of- Way, but the Department of Engineering is working on a plan for addressing the encroachment, so that issue will not be part of the BZA discussion. Planning & Zoning Code Section 1151.09(b)4 requires nine parking spaces for this structure with a drive-thru. The site plan only shows five spaces. Scooter's does not provide indoor seating. Therefore, only five parking spaces are required for employees. Mr. Pressnell is requesting that the Board grant three area variances for reduced setbacks and an area variance for the reduced parking. Representing 33 Coffee, LLC is Phillip Gambrell of 2309 Watterson Trail, Ste 200, Louisville, KY 40299. After a brief description from Mr. Gambrell detailing Scooter’s Coffee id drive through only, there is no dining room. Mr Gambrell stated that other business along N. Memorial Dr. have been granted use of the right-a way for the parking lot and is asking for the same. Mr. Gambrell stated they would be removing parking areas to create green spaces and screening. Mr. Gambrell would also like to create an infiltration trench along the south side create a catch basin for the run off of water and sediment. Mr. Gambrell said they have been able to change where the dumpster will go from the original drawings and utilize the existing dumpster area. By doing this they would be able to have the nine required parking spots. Mr. Bahnsen asked about where the majority of cars would enter. Discussion on which entrance would work better. Mr. Gambrell stated Scooter’s Coffee is a national change and are planning on 4 more in Ohio. Mrs. A asked about how much of the existing asphalt will be removed. Mr. Gambrell stated that all the asphalt is going to be removed after visiting the site. There were no communications nor objections from the City. There was no one in the audience for or against granting the requested action. Rebecca Anderson made a motion to approve all area variance as requested. Jim Bahnsen seconded the motion. The members voted unanimously by roll call to grant the special exception and the use variance and signed an entry stating the same. BZA Case No. 654 – Withdrawn. Holly Mattei with Crossroads Community Planning gave an update on the New Zoning Code. Belinda Nebbergall made a motion to adjourn the meeting, seconded by Rebecca Anderson. The motion carried unanimously. The next regularly scheduled meeting will be held at 2:00PM on January 9, 2023. It will take place in City Hall located at 104 E. Main St., Lancaster, Ohio.