Board of Zoning Appeals

PLANNING AND ZONING Kyrsten French 201 West Water Street • Piqua, Ohio 45356 (937) 778-2049 E-Mail: kfrench@piquaoh.org February 12th, 2021 *** MEETING NOTICE *** Please be advised that the City of Piqua Board of Zoning Appeals meeting will be conducted on Tuesday, February 23, 2021 at 6:00 PM both in person and using a video conferencing application called Zoom. This application can be downloaded from your app store or be accessed through your browser at Zoom.us. Board members and staff members will attend the meeting in person, agenda item applicants are invited to attend the meeting in person or attend the meeting using Zoom. All others wishing to attend may do so via phone or computer in listen-only mode. Those who wish to attend must submit a request for meeting access information via email by noon on the date of the meeting. Request for meeting access may be submitted via email to Bethany Harp at bharp@piquaoh.org. Residents and others with interest in the agenda topics may also submit public comment on an item until noon on the day of the meeting by emailing Bethany Harp at bharp@piquaoh.org. Public comments submitted by the date/time noted will be presented to the Board of Zoning Appeals at the public hearing proceedings. The full agenda packet may be accessed at http://piquaoh.org/city-government/boards-and- committees/board-of-zoning-appeals/. Please contact this office if you have any questions pertaining to this notice. Kyrsten French City Planner Enc.  BOARD OF ZONING APPEALS CITY OF PIQUA, OHIO 6:00 P.M. FEBRUARY 23RD, 2021 MUNICIPAL GOVERNMENT COMPLEX COMMISSION CHAMBERS VIRTUAL/ZOOM MEETING CALL TO ORDER ROLL CALL Clerk Calls the Roll MEETING MINUTES Minutes of BZA Meeting from October 27, 2020 OLD BUSINESS NEW BUSINESS 1. BZA 01-21 A Resolution to consider a reduced side setback for an accessory building at 1104 Washington Ave 2. BZA 02-21 A Resolution to consider a non-paved surface for an RV outdoor storage facility at 1704 Commerce Drive ADJOURNMENT  CITY OF PIQUA, OHIO BOARD OF ZONING APPEALS MEETING MINUTES MUNICIPAL GOVERNMENT COMPLEX – ADMINISTRATIVE CONFERENCE ROOM 6:00 P.M. – TUESDAY, OCTOBER 27, 2020 TO ORDER At approximately 6:00pm Chairperson Skip Murray called the meeting to order. The Introductory Statement of BZA Duties were outlined as well as the order of business to be followed. Meeting conduct procedures were reviewed and those in attendance were sworn in. All present were asked to stand and raise their right hand. The Chairman administered an oath to all present to testify before the BZA asking them to swear or affirm to tell the truth, and to acknowledge their intent to abide by the oath administered by stating, “I do” or “opposed”. All present stood and took the oath to tell the truth with all persons present stating “I do”. ROLL CALL Members Present: Skip Murray, Joe Wilson, April Dankworth, David Fishback, Wayde Davis MEETING MINUTES Approval of the minutes of September 22, 2020 Board of Zoning Appeals Meeting minutes were approved with one minor change to the roll call record. NEW BUSINESS RESOLUTION BZA 10-20 A Resolution requesting a variance to increase the maximum driveway width at the property located at 8920 Looney Road Kyrsten French, City Planner provided the staff report. Kyrsten explained the applicant’s request was to expand his driveway to 28’ of width, beyond the 24’ maximum. Staff supports this variance request, as the absence of on-street parking as well as the site’s location along a busy arterial road makes this a unique circumstance that warrants the ability to widen the driveway further and capture more parking on site. Michael Young, applicant, spoke on the item via zoom phone call. He clarified and explained the site plan that was submitted with the agenda packet. There will be no change to the approach. He further noted that a widened driveway would be beneficial for therapists and nurses that frequently visit his home for his son’s healthcare. The board deliberated and agreed that similar variances have been granted in this area and that this request is reasonable. After no further public comment or deliberation, a motion was made by Dave Fishback and seconded by Joe Wilson. Resolution BZA 10-20 was approved with a 5-0 vote. OTHER BUSINESS None ADJOURNMENT With no other business before the Board, a motion was made and seconded to adjourn the meeting. With all those present in favor the meeting was adjourned at 6:09 P.M. Page 1 of 2  CITY OF PIQUA, OHIO BOARD OF ZONING APPEALS MEETING MINUTES MUNICIPAL GOVERNMENT COMPLEX – ADMINISTRATIVE CONFERENCE ROOM 6:00 P.M. – TUESDAY, OCTOBER 27, 2020 Attending the meeting to prepare the meeting minutes provided herein was Bethany Harp, City of Piqua Development Department. Comments requesting corrections, additions or deletions to the content of this record should be directed to Ms. Harp at bharp@piquaoh.org. Page 2 of 2  RESOLUTION No. BZA 01-21 WHEREAS, Donald Stonerock, owner and applicant, has requested a variance to allow a setback of 20 inches from the side lot line to an accessory carport at the property located at 1104 Washington Ave, zoned (R1) One Family Residential; and, WHEREAS, the City of Piqua Code of Ordinances section 154.121 establishes: (2) Setback. (a) Accessory buildings permitted in the rear yard and with a ground floor level gross floor area equal to or less than 1,000 square feet shall be no closer to any side or rear lot line than three feet. WHEREAS, the Board of Zoning Appeals has considered whether the variance requested: ☐ Is necessary to permits the owner a reasonable use of the land. ☐ Is justified due to peculiar exceptions and unusual circumstances found at this location that are not generally found within the neighborhood concerned. ☐ Will constitute a change in the district map ☐ Will impair an adequate supply of light and air to adjacent property. ☐ Will increase the congestion in public streets. ☐ Will increase the public danger of fire and safety. ☐ Will materially diminish or impair established property values within the surrounding area. ☐ Will in any other respect impair the public health, safety, comfort, morals, and welfare of the citizens of the city; NOW THEREFORE BE IT RESOLVED that ______________ motioned to approve the variance request and the motion was seconded by _____________ and the Board of Zoning Appeals recorded the following vote affirming or rejecting the motioned action. AYE NAY ABSTAIN ABSENT Mr. David Fishback ☐ ☐ ☐ ☐ Mr. Joe Wilson ☐ ☐ ☐ ☐ Mr. Skip Murray ☐ ☐ ☐ ☐ Ms. April Dankworth ☐ ☐ ☐ ☐ Mr. Wayde Davis ☐ ☐ ☐ ☐  STA F F R E P O RT GENERAL LOCATION REQUEST PC MEETING DATE The applicant has requested a variance to build a carport less than 3 feet from the side 02-23-21 lot line. The applicant plans to set their proposed building back approximately 2 feet from the side lot line. RESOLUTION BZA 01-21 STAFF CONSIDERATIONS The applicant’s site is located in the traditional grid network of the city, where it is common for side setbacks of existing structures to be less than 3 feet. Additionally, the neighbor to the south who would be most affected by the variance request supports the applicant’s request to build within the setback area. Given that the neighbor’s home is SITE ADDRESS roughly 6 feet from the shared lot line, and the applicant is building to meet the location 1104 Washington Ave of their existing driveway, staff has no concerns over safety. PARCEL ID N44-026260 ZONING R1 - One Family Residential SURROUNDING ZONING R1 - One Family Residential PREPARED BY Kyrsten French, City Planner  RESOLUTION No. BZA 02-21 WHEREAS, David Crumpler, applicant, has requested a variance to construct an outdoor vehicle storage facility with an aggregate surface at 1704 Commerce Drive, zoned I1-Light Industrial; and, WHEREAS, the City of Piqua Code of Ordinances section 154.081 establishes: General Regulations (j) All parking lots, parking spaces, and driveways shall be surfaced with a bituminous or portland cement concrete pavement or other similar dust free material deemed equal by the enforcing official… WHEREAS, the Board of Zoning Appeals has considered whether the variance requested: ☐ Is necessary to permits the owner a reasonable use of the land. ☐ Is justified due to peculiar exceptions and unusual circumstances found at this location that are not generally found within the neighborhood concerned. ☐ Will constitute a change in the district map ☐ Will impair an adequate supply of light and air to adjacent property. ☐ Will increase the congestion in public streets. ☐ Will increase the public danger of fire and safety. ☐ Will materially diminish or impair established property values within the surrounding area. ☐ Will in any other respect impair the public health, safety, comfort, morals, and welfare of the citizens of the city; NOW THEREFORE BE IT RESOLVED that ______________ motioned to approve the variance request and the motion was seconded by _____________ and the Board of Zoning Appeals recorded the following vote affirming or rejecting the motioned action. AYE NAY ABSTAIN ABSENT Mr. David Fishback ☐ ☐ ☐ ☐ Mr. Joe Wilson ☐ ☐ ☐ ☐ Mr. Skip Murray ☐ ☐ ☐ ☐ Ms. April Dankworth ☐ ☐ ☐ ☐ Mr. Wayde Davis ☐ ☐ ☐ ☐  STA F F R E P O RT GENERAL LOCATION REQUEST PC MEETING DATE The applicant has requested a variance to build a gravel storage facility to store 02-23-21 commercial vehicles. STAFF CONSIDERATIONS RESOLUTION There are a few considerations to weigh in the proposal associated with this variance BZA 02-21 request. Given that the City’s ordinance specifies that all parking surfaces must be paved, there is little adopted guidance on how best to design a site that will not be paved. Existing nonstandard condition SITE ADDRESS It is staff’s recommendation that areas where employees and customers park always 1704 Commerce Drive be paved, and this use of a facility should in this case be considered separate from a facility that is meant primarily for outdoor storage. It is recommended that the the Board condition that the nonconforming existing parking lot be paved prior to the expansion of the gravel storage area. Staff believes this will answer the question of fairness to PARCEL ID neighbors across the street who have made heavy investments into their properties, as N44-100480 well as taking this lot the next step forward toward the desired community standard. N44-100460 Setbacks N44-100400 Previous actions on this issue have been somewhat inconsistent throughout time on the how close outdoor storage may be in relation to the site’s frontage. The community ZONING desire for polished frontages in industrial districts prompts the question of how best to I1 - Light Industrial place outdoor storage to be less visible. Some examples of outdoor storage with gravel surfaces are recommended to only be placed in the rear yard of a lot. This is true particularly where storage is less than perfectly organized. In cases of outdoor storage of junk vehicles or construction SURROUNDING ZONING materials, adherance to this rear-yard only standard along with heavy screening is the I1 - Light Industrial recommendation. Others gravel storage facilities in the city have been sited much closer to the property line e.g. Camping World and Piqua Store n Lock. It will be up to the Planning Commission to provide recommendations on siting of outdoor storage facilities during upcoming code changes, so many of these issues will PREPARED BY ultimately be settled with updated legisltation. Kyrsten French, In this case, the site plan as proposed maximizes the storage area by bringing it 50 City Planner feet from the front property line. Given this proximity, the applicant has agreed to use a wrought-iron fence type material to line the front of the storage area and plant trees every 30 feet to provide screening. It is notable that the plan submitted is preliminary and doesn’t factor the possible need for onsite stormwater retention. If stormwater retention that has some attractive qualities, like a stormwater pond, is required and conditions allow staff will direct the applicant to place the pond in front of the storage facility as an additional buffer.  Proposed grass berm Chain link fence at side of site and behind building Proposed gravel storage area Applicant will use the same wrought-iron fence type as used at the Piqua Store n Lock, Proposed gravel storage Gate trees to be planted at a slightly denser spacing. Storage behind would be organized into area designated parking stalls for commercial vehicles. At the rear of the lot, units would be Gate placed in rows for additional materials and equipment storage. Grass berm at the rear will ensure that gravel will not enter the riparian area. Erosion Customer control silt-fencing will be used during construction. At least 50’ of vegetated buffer area parking will remain between site construction and drainage slope. Mature landscaping exists along the east side of the site, to remain. Shade trees to be planted will be at least 1.5” caliper and 6’ in height at time of planting. Decorative fence, front of Trees will be watered regularly in their first year, and any trees lost in the first year will be site Existing vegetative replaced. Appropriate shade tree species may be any variety of oak, maple, linden, ginkgo, Shade trees planted approx. Existing gravel buffer honeylocust, but may not be a variety of pear, crabapple, or similar short-lived fruit tree every 30’ drive to be paved species. Site Plan created by staff to better illustrate plans and Owner: James H Printz II amendments discussed with applicant by phone. Applicant: Dave Crumpler Staff has discussed the recommendation to pave the customer parking/driveway entrance to remove nonstandard condition, and the applicant is amenable to this condition. Address: 1704 Commerce Drive Proposal: Outdoor Commercial Vehicle Storage Streetview Item No Parcel Owner OR CURRENT RESIDENT Property Address PIQUA OH 45356 BZA 01-21 N44-073291 KRMR PROPERTIES LLC OR CURRENT RESIDENT 1729 HIGH SPIQUA OH 45356 BZA 01-21 KRMR PROPERTIES LLC 1567 CALKINS DR GAYLORD MI 49735 BZA 01-21 N44-073292 PIQUA PIZZA SUPPLY CO OR CURRENT RESIDENT 1727 HIGH SPIQUA OH 45356 BZA 01-21 N44-100380 CMC MANAGEMENT LLC OR CURRENT RESIDENT 1702 COMMERCE DR PIQUA OH 45356 BZA 01-21 N44-100400 PRINTZ JAMES A II OR CURRENT RESIDENT 4600 MIAMI-SHELBY RD PIQUA OH 45356 BZA 01-21 N44-100420 PIQUA PROPERTY HOLDINGS LLC OR CURRENT RESIDENT 1710 COMMERCE PIQUA OH 45356 BZA 01-21 N44-100460 PRINTZ JAMES A II OR CURRENT RESIDENT 1704 COMMERCE PIQUA OH 45356 BZA 01-21 N44-100560 HSS REAL ESTATE LLC OR CURRENT RESIDENT 1707 COMMERCE PIQUA OH 45356 BZA 01-21 N44-100580 KNOUFF DOUGLAS L & CATHRYN A OR CURRENT RESIDENT 1703 COMMERCE DR PIQUA OH 45356 BZA 01-21 KNOUFF DOUGLAS L & CATHRYN A 10 ORCHIRD DR PIQUA OH 45356 BZA 01-21 N44-100600 HSS REAL ESTATE LLC OR CURRENT RESIDENT 1711 COMMERCE DR PIQUA OH 45356 BZA 01-21 N44-100620 RFC RENTALS LLC OR CURRENT RESIDENT 1708 COMMERCE DR PIQUA OH 45356 BZA 01-21 RFC RENTALS LLC OR CURRENT RESIDENT 8163 W SUGAR GROVE RCOVINGTON OH 45318 BZA 01-21 DAVE CRUMPLER OR CURRENT RESIDENT 526 GARBRY RD PIQUA OH 45356 BZA 02-21 N44-025960 COTRELL KATHRYN E OR CURRENT RESIDENT 1023 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-025970 JONES DIANNE (TOD) OR CURRENT RESIDENT 1025 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-025980 PRICE ROBERT OR CURRENT RESIDENT 1027 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-025990 BUTZ THEODORE J (TOD) & @(4) OR CURRENT RESIDENT 1028 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026000 SCHMIESING STEPHANIE N OR CURRENT RESIDENT 1024 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026010 COY ALLEN OR CURRENT RESIDENT 1016 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026150 ANDERS ADAM P & LISA R OR CURRENT RESIDENT 1019 FOREST PIQUA OH 45356 BZA 02-21 N44-026170 BURCH DEAN C & SUE OR CURRENT RESIDENT 1029 FOREST PIQUA OH 45356 BZA 02-21 N44-026180 PIATT JENNIFER OR CURRENT RESIDENT 1127 FOREST PIQUA OH 45356 BZA 02-21 N44-026190 PIATT JENNIFER OR CURRENT RESIDENT 1125 FOREST PIQUA OH 45356 BZA 02-21 N44-026200 DENINO MICHAEL E OR CURRENT RESIDENT 1123 FOREST PIQUA OH 45356 BZA 02-21 N44-026220 JAY ROBERT OR CURRENT RESIDENT 1119 FOREST PIQUA OH 45356 BZA 02-21 N44-026230 HERNDON MICHAEL M & MICHELLE E OR CURRENT RESIDENT 1101 FOREST PIQUA OH 45356 BZA 02-21 N44-026250 SHERMAN ELIZABETH L OR CURRENT RESIDENT 1102 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026260 STONEROCK DONALD D & GLORIA J OR CURRENT RESIDENT 1104 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026270 HARTZELL GABRIEL H & SAMANTHA OR CURRENT RESIDENT 1108 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026280 SHERRY BARBARA J OR CURRENT RESIDENT 1112 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026290 HARTSOCK GRANT & ROSALIE OR CURRENT RESIDENT 1116 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026300 KEELS JEFFREY L & SARAH L OR CURRENT RESIDENT 1126 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026310 SIPPEL THOMAS L OR CURRENT RESIDENT 1128 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026320 SORRELL JAMES P & ANGEL OR CURRENT RESIDENT 1129 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026340 SWALLOW AUSTIN M OR CURRENT RESIDENT 1125 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026350 UNDERWOOD MICHELLE BARNETT OR CURRENT RESIDENT 1123 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026360 MONNIN JASON M OR CURRENT RESIDENT 1121 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026370 SHAFFER CRAIG A (TOD) & @(3) OR CURRENT RESIDENT 1107 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026380 EMERY CHAD R & LISA L OR CURRENT RESIDENT 1105 WASHINGTON PIQUA OH 45356 BZA 02-21 N44-026390 DEBROSSE PATRICK A & SUSAN K OR CURRENT RESIDENT 1101 WASHINGTON PIQUA OH 45356