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Board of Zoning Appeals

Regular Meeting

Piqua, OH · March 22, 2022

AgendaMinutes

Minutes

CITY OF PIQUA, OHIO BOARD OF ZONING APPEALS MEETING MINUTES MUNICIPAL GOVERNMENT COMPLEX – COMMISSION CHAMBERS 6:00 P.M. – TUESDAY, MARCH 22, 2022 TO ORDER At approximately 6:00pm Chair Person David Fishback 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”. Joe Wilson made a motion to excuse April Dankworth from the meeting and Wayde Davis seconded the motion. ROLL CALL Members Present: David Fishback, Joe Wilson, Wayne Davey, Wayde Davis Members Absent: April Dankworth MEETING MINUTES Approval of the minutes from the February 22, 2022 Board of Zoning Appeals Meeting were approved by voice vote. NEW BUSINESS RESOLUTION BZA 3-22 A resolution requesting a variance to increase the maximum allowed number of primary detached signs at 555 E. Statler Road Kyrsten French, City Planner, gave the staff report. It was explained that the applicant, Quint Creative, has requested a variance to place a second primary detached monument sign at EPSilyte, formerly known as Polysource. It was noted that the distance between the two driveway entrances is about 800 feet. It was also noted that the facility is located behind two outbuildings that are between the two driveway entrances. Staff recommends approval of the request. The board deliberated and discussed that due to the unique lot size and configuration of the facility, the variance request was understood. The board also discussed changes that are being proposed in CodePiqua, which would allow this addition with no board approval required. Page 1 of 4 CITY OF PIQUA, OHIO BOARD OF ZONING APPEALS MEETING MINUTES MUNICIPAL GOVERNMENT COMPLEX – COMMISSION CHAMBERS 6:00 P.M. – TUESDAY, MARCH 22, 2022 After no further public comment or deliberation, a motion was made to approve Resolution BZA 3-22 by Joe Wilson and was seconded by Wayne Davey. Resolution BZA 3-22 was approved with a 4-0 vote. RESOLUTION BZA 4-22 A resolution requesting a variance to increase the maximum driveway width at 901 Nicklin Avenue zoned R1–One-Family Residential Kyrsten French, City Planner, gave the staff report. It was explained that the applicant, Ryan Lacy, has requested an increase of the maximum driveway width to 36’ for 901 Nicklin Ave. The applicant built a new garage, and has noticed persistent drainage problems caused by the existing curb cut, and would like to redesign the approach to fix the problem. Expanding the driveway would allow the third driveway bay to have access to the street. Staff recommends approval of the request. Ryan Lacy, applicant, 901 Nicklin Avenue, came forward to speak on the item. He reiterated Kyrsten’s comments and explained that the plan is to bring up the curb, shifting water flow towards Ann Street where there is proper drainage. The board deliberated and discussed further, noting that the limited impact and potential to correct a persistent drainage problem through the proposed design in this case makes a code exception reasonable. The board also agreed that the structure is a great upgrade to what was previously there. After no further public comment or deliberation, a motion was made to approve Resolution BZA 4-22 by Wayde Davis and was seconded by Joe Wilson. Resolution BZA 4-22 was approved with a 4-0 vote RESOLUTION BZA 5-22 A Resolution to consider the decision of the enforcing official concerning a demolition order for 405/407 S. Main St Frank Patrizio, City Law Director, gave the staff report. He explained that the property in question was condemned in March of 2017. He summarized the activity and actions that code compliance took. Aaron Morrison, Code Compliance Coordinator, came forward and further explained the timeline that each notice was sent. Aaron also discussed the meetings that took place with the property owner and the outcome of each meeting. It was noted that the city had available funds to use to demolish the property in question. The property owner decided in November of 2021 to begin the demolition of a section of the building. On December of 2021, inspection indicated no further action had been taken to close the opening into the property and no plans had been submitted to the city or county. A notice of demolition for the rest of the building was sent to the owner at this time. Page 2 of 4 CITY OF PIQUA, OHIO BOARD OF ZONING APPEALS MEETING MINUTES MUNICIPAL GOVERNMENT COMPLEX – COMMISSION CHAMBERS 6:00 P.M. – TUESDAY, MARCH 22, 2022 In 2022, a meeting was scheduled between the property owner, City Manager, and Community and Economic Development Director and the owner. The owner left the meeting with no resolution. On March 2, 2022, plans were submitted but did not satisfy the requirements discussed. It was noted that there have been issues with the Police Department over the last four months, including theft. As it currently sits, the building remains unsafe. Attorney Tom Buecker, representative for the property owners at 405/407 S. Main Street came forward. He explained the Ulbrich family purchased and prepared this property in 1999 because it was blighted. The property has been of different uses over the years. Mr. Buecker noted that the owners own several other properties in Piqua. He also discussed that the owners met with a structural engineer who say the building is structurally sound. The owner recently received a proposal to complete the work needed on the property but he is not able to begin work until May of 2022. The board noted paperwork in the agenda packet, signed by the owner in 2018, stating that work would be complete in 2019. The board asked Mr. Buecker why a new due date should be approved, given the history. Mr. Buecker stated that he believes the property owners have taken new steps to do what is necessary. The board noted that the property is a clear nuisance and pointed out the trash on the exterior. The board asked what the future use of the building was planned to be. It was noted that there is no future use planned. The owner confirmed that the building is currently insured and stated that he has been busy over the last few years and does not remember receiving many of the notifications and letters. Tom Buecker suggested a new due date to complete the work in 2-3 months. It was noted by the owner that the property taxes are current. Barbara Ulbrich, came forward to speak on the item. She spoke about several properties owned by the Ulbrich family on the South end of Piqua. She discussed the history of the property in question. Ms. Ulbrich noted that it is their intention to fix up the building and asked for patience from the board to complete work. Frank Patrizio came forward to make additional comments. He noted that the property has been condemned for 5 years. He noted that Chris Schmiesing denied the plans that were recently submitted due to it being insufficient. Tom Buecker also came forward again and stated that the owners are willing to commit to the project no matter the cost. Al Cooper, 419 S. Main St., came forward to speak on the item. He explained that he is a next door property owner of the property in question. He said that he has watched the property deteriorate over the last 5 years and recently has noticed people coming in and out of the property. He noted that he believes the property should be demolished or at the very least boarded up to keep people and animals out of it. Brad Ulbrich, property owner, came forward. He spoke about COVID and the setbacks that it provided to his business. He noted that he has had issues with tenants in the past and future tenants of the space would be screened at a higher scrutiny. He explained Page 3 of 4 CITY OF PIQUA, OHIO BOARD OF ZONING APPEALS MEETING MINUTES MUNICIPAL GOVERNMENT COMPLEX – COMMISSION CHAMBERS 6:00 P.M. – TUESDAY, MARCH 22, 2022 that he has put things off but wants to work on the property and his goal is to fix it rather than demolish it. The board discussed the timeline and details of this property over the years. The board noted that this meeting gave the owner a chance to appeal the decision made by the enforcing official and that the plan of work submitted did not provide enough detail. After no further public comment or deliberation, a motion was made to approve the decision of the enforcing official by way of Resolution BZA 5-22 by Joe Wilson and was seconded by Wayne Davey. Resolution BZA 5-22 was approved with a 4-0 vote OTHER BUSINESS 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 7:25 P.M. 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 4 of 4

Agenda

PLANNING AND ZONING Kyrsten French 201 West Water Street • Piqua, Ohio 45356 (937) 778-2049 E-Mail: kfrench@piquaoh.org March 11, 2022 *** MEETING NOTICE *** Please be advised that the City of Piqua Board of Zoning Appeals meeting will be conducted on Tuesday, March 22, 2022 at 6:00 PM. Board members and staff members will attend the meeting in person, agenda item applicants and interested parties are encouraged to attend the meeting in person. Interested parties may also request access via Zoom. 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. MARCH 22, 2022 MUNICIPAL GOVERNMENT COMPLEX COMMISSION CHAMBERS CALL TO ORDER ROLL CALL Clerk Calls the Roll MEETING MINUTES February 22, 2022 Meeting Minutes OLD BUSINESS NEW BUSINESS 1. BZA 03-22 A resolution requesting a variance to increase the maximum allowed number of primary detached signs at 555 E. Statler Road A resolution requesting a variance to increase the 2. BZA 04-22 maximum driveway width at 901 Nicklin Avenue zoned R1–One-Family Residential A resolution to consider the decision of the 3. BZA 05-22 enforcing official concerning a demolition order for 405/407 S. Main St ADJOURNMENT CITY OF PIQUA, OHIO BOARD OF ZONING APPEALS MEETING MINUTES MUNICIPAL GOVERNMENT COMPLEX – COMMISSION CHAMBERS 6:00 P.M. – TUESDAY, FEBRUARY 22, 2022 TO ORDER At approximately 6:00pm Chair Person David Fishback 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: David Fishback, Joe Wilson, Wayne Davey, April Dankworth, Wayde Davis MEETING MINUTES Approval of the minutes from the August 24, 2021 Board of Zoning Appeals Meeting were approved by voice vote. NEW BUSINESS RESOLUTION BZA 1-22 A resolution requesting a variance to increase the maximum driveway width at the address 2008 Navajo Trail zoned R3–Multi-Family Residential Kyrsten French, City Planner, gave the staff report. It was explained that the applicant, Indian Ridge Builders, requested a variance to build a driveway for a new residence to 33’ and 6”, which is beyond the 24’ maximum driveway width allowed for a residential site. It was discussed that the occassional larger curb cut should not pose any safety or comfort concerns to neighbors or pedestrians. Staff recommends approval of this variance request. The board deliberated and discussed that this variance request is common in this area due to the unique width of each lot. After no further public comment or deliberation, a motion was made to approve Resolution BZA 1-22 by Joe Wilson and was seconded by April Dankworth. Resolution BZA 1-22 was approved with a 5-0 vote. RESOLUTION BZA 2-22 A resolution requesting a variance to increase the maximum square footage of signage at the address 201 East Ash Street from 50 SF to 95 SF Page 1 of 3 CITY OF PIQUA, OHIO BOARD OF ZONING APPEALS MEETING MINUTES MUNICIPAL GOVERNMENT COMPLEX – COMMISSION CHAMBERS 6:00 P.M. – TUESDAY, FEBRUARY 22, 2022 Kyrsten French, City Planner, gave the staff report. It was explained that the applicant, Anchor Sign, has requested a variance to exceed the maximum sign allowance for two signs at the new Wellnow Urgent Care, to be located on the corner of Spring and E. Ash Street. The sign package submitted includes two 25 SF monument signs, and a proposal for three internally lit channel letter wall signs at 95.05 SF each. The zoning code allows a maximum of 50 SF of wall signage on the north and west side of the building. At 50 SF, a black lit wall sign at these locations will be highly visible. Out of consideration for our existing businesses in this area who do not have larger than code-maximum signage, staff is not supportive of the request. The board deliberated and discussed the information in the packet. The board discussed square footage and how that is measured for signs. It was noted that the building will sit fairly close to the street, and most people will need to stop at the street light when passing through this area. Kelly Mattice, representative of Anchor Sign, attended the Board of Zoning Appeals meeting via Zoom. Kelly explained that the submittals are a prototypical package that WellNow Urgent care submits. WellNow submits this package for visibility and safety concerns. Kelly noted that this package is not always accepted and has depended on the community and its code language. Jim Foster, 211 E. Ash St, Piqua, came forward to speak on the item. He asked for clarification on the request being made and stated for the record that he does not believe that the variance should be approved. The board deliberated and discussed further, noting that the formula in the code makes sense for the location of the building and its proximity to the street. The board agreed that the 50 sq ft allowance would be plenty large enough for visability purposes. After no further public comment or deliberation, a motion was made to approve Resolution BZA 2-22 by Joe Wilson and was seconded by April Dankworth. Resolution BZA 2-22 was denied with a 0-5 vote Kyrsten noted that the City as an organization has been very excited to have Wellnow contribute a full redevelopment to this prominent corner of the city. OTHER BUSINESS 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 6:55 P.M. Attending the meeting to prepare the meeting minutes provided herein was Bethany Harp, City of Piqua Development Department. Comments requesting corrections, Page 2 of 3 CITY OF PIQUA, OHIO BOARD OF ZONING APPEALS MEETING MINUTES MUNICIPAL GOVERNMENT COMPLEX – COMMISSION CHAMBERS 6:00 P.M. – TUESDAY, FEBRUARY 22, 2022 additions or deletions to the content of this record should be directed to Ms. Harp at bharp@piquaoh.org. Page 3 of 3 RESOLUTION No. BZA 03-22 WHEREAS, Quint Creative Signs, on behalf of EPSilyte at 555 East Statler Road has requested to increase the maximum allowed number pf primary detached signs at the property to two; and, WHEREAS, the City of Piqua Code of Ordinances §154.101 establishes requirements for permanent detached signs: (2) Number of signs. (a) The maximum allowable number of primary permanent detached signs shall be as follows: 1. Each lot shall be permitted one ground sign or monument sign per street frontage contiguous to the lot or lots occupied by the same principal, special, or nonconforming use to which the sign is accessory, provided no other primary detached sign type as described by § 154.101(D)(2)(a)(2), exist on the same lot. WHEREAS, the Board of Zoning Appeals has considered whether the variance requested: ☐ Is necessary to permit 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 ___________ the request for a variance at 555 East Statler Road. The motion was seconded by ___________ and the request was ___________ with a vote of ___________ as recorded below. AYE NAY ABSTAIN ABSENT Mr. David Fishback ☐ ☐ ☐ ☐ Mr. Joe Wilson ☐ ☐ ☐ ☐ Mr. Wayne Davey ☐ ☐ ☐ ☐ Ms. April Dankworth ☐ ☐ ☐ ☐ Mr. Wayde Davis ☐ ☐ ☐ ☐ STA F F R E P O RT GENERAL LOCATION REQUEST PC MEETING DATE The applicant, Quint Creative, has requested a variance to place a second primary 03-22-22 detached monument sign at 555 E. Statler Rd. RESOLUTION STAFF CONSIDERATIONS BZA 03-22 The manufacturing facility at 555 E. Statler Rd, which is known to most as Polysource, but will become EPSilyte, has a unique lot configuration. First, the lot is very long. The distance between the two driveway entrances is about 800 feet. This matters because the zoning code regulates numbers for “primary signs,” meaning large identification SITE ADDRESS signs, according to lot rather than road frontage. This means of regulating can get, in 555 E. Statler Rd practice, excessive when applied to very large lots. There is a means of allowing some additional square footage to create joint identification signs where there are multiple businesses, but not a means of adding an extra primary sign. When considering visual impact, a viewer would not have lot lines to refer to, but would experience a difference in PARCEL ID character by perceiving the overall density of signs. N44-076568 Second, the whole facility is located behind two outbuildings that are located in between the two driveway entrances, making for some possible confusion as to whether both driveways can access the facility behind. Secondary entrance signs are allowed by code to direct traffic in, but the maximum square footage for these signs is 6 square feet, not ZONING accommodating of the monument sign proposal. I2 - Heavy Industrial In consideration of staying within the idea of fairness of volume of allowed advertisement among all of our local business, the City has drafted a new sign code that regulates by lot frontage to avoid this issue with exceptionally large lots. According to that draft, businesses would be allowed to place additional monument signs according SURROUNDING ZONING to their total lot frontage, and this change will keep the playing field level going forward. I2 - Heavy Industrial If that code amendment were to be adopted, a variance for this request would not be necessary. As drafted, those with a lot frontage of more than 500 feet would be allowed to place a second sign, spreading out the distance between the signs. When a request appears to make sense in a wider application, it is important to amend the code so that all landowners can have the same opportunities without needed to request a variance. PREPARED BY Concluding from the above basis of analysis, staff recommends approval of the request. Kyrsten French, City Planner Applica on Variance Request HOW TO APPLY FOR A VARIANCE Where a parcel of land may face hardship, or addi onal review is sought beyond that of City administra on, the Board of Zoning Appeals may review a case for a variance. Piqua Board of Zoning Appeals will conduct a hearing and take final ac on at its regularly scheduled mee ng, held on the fourth Tuesday of each month at 6:00 PM. 1. To have an item placed on the agenda, site plans and applica on materials may be submi ed to bharp@piquaoh.org no later than 5:00 P.M. four weeks prior to the scheduled mee ng date. Please include the following: • Completed applica on form with the name of person or persons reques ng the Special Use, sta ng their legal interest in the property and names of all interested persons; • Site plan of the lot showing proposed use, drawn to accurate scale, showing all per nent informa on pertaining to the Special Use Permit (including proposed date construc on will be Completed); • $25.00 Applica on Fee to be paid at me of submi al 2. All sign variances should include an eleva on drawing of the proposed sign drawn to scale. Eleva on drawings may be required for other variances if deemed necessary by the BZA administrator. 3. Upon receipt of the above referenced items, the BZA administrator will cause a resolu on item reques ng a zoning variance to be placed on the agenda of the next regularly scheduled Board of Zoning Appeals mee ng. The Administrator will also no fy adjacent property owners within 200 feet of the property where said variance I being requested, regarding the me and place of the public hearing to be held. Applicants are to make their case to describe the unusual circumstance leading to the request. SUBMITTAL REQUIREMENT CHECKLIST ☐ X Construc on and ☐X $25 Fee ☐ X Applica on ☐ X Site Plan Eleva on Drawings (Cash or Check) (If applicable) APPLICANT INFORMATION ☐ X Primary Contact ☐ X Billing Contact First Last Name: Quint Creative Signs Contact Person First Last Name: Rob Anspach Mailing Address: 101 East High Street Piqua, OH 45356 Phone Number: (937) 615-9332 Email: Rob@QuintCreative.com Type of legal interest held by applicant: 1 201 W Water St | Piqua, OH 45356 | Office | 937.778.2049 Applica on Variance Request OWNER INFORMATION First Last Name: Polysource LLC Mailing Address: 555 East Statler Rd. Piqua, Ohio 45356 Phone Number: 937-(937) 778-9500 Email: Heather.Casto@EPSilyte.com LOCATION DETAILS Street Address: Parcel ID Number: N44-076568 555 East Statler Rd. Exis ng Zoning District: 12 Exis ng Use: 340-MANUF & ASSEMBLY - LIGHT Proposed Use: Secondary Sign @ Secondary Entrance PROJECT INFORMATION - A ach addi onal page(s) if necessary. Briefly describe the reason for the requested variance: Lighted Sign Cabinet, double-sided, pan formed sign faces with an aluminum sign cabinet, PMS 3435 Secondary Sign @ Secondary Entrance ACKNOWLEDGMENT AND AUTHORIZATION The undersigned acknowledges that the informa on provided herein is accurate to the fullest extent of their knowledge. Rob Anspach 03/04/2022 Applicant Name Date Sign Maker Applicant Signature Title 2 201 W Water St | Piqua, OH 45356 | Office | 937.778.2049 96.0” Wide SIDE 54.646 " High 68.461 ” High 14 ” High 555 12” 72.0” Wide Wide Address cut and lighted PMS 3435 C PMS 357 C FRAME / DECAL DECAL ONLY Total Sign Face Area is: 36.43 sq ft QUINT CREATIVE -Review the Artwork & Layout. Established 2 000 -Review all Spelling and Layout Components for accuracy. Quint Creative Signs -Review all Specifications as listed. This drawing, design, layout and Quint Creative Group LLC -Quint Creative Signs will not be responsible for any errors in spelling all reproductions thereof are property 101 E High St., Piqua, OH 45356 and layout after approval or production. of Quint Creative Group LLC PO Box 1135 - Piqua, Oh 45356 -You will be responsible for errors and further changes due to errors and all costs and may not be reproduced, published, Phone 937.615.9332 changed or used in any way BrianQ@QuintCreative.com to fix or remake project. without written consent. Rob@QuintCreative.com *Multiple Revisions/Changes Will Be Subject to Additional Setup Fees. 555 N N 96.0” Wide SIDE 54.646 " High 68.461 ” High 14 ” High 555 12” 72.0” Wide Wide Address cut and lighted PMS 3435 C PMS 357 C FRAME / DECAL DECAL ONLY Total Sign Face Area is: 36.43 sq ft QUINT CREATIVE -Review the Artwork & Layout. Established 2 000 -Review all Spelling and Layout Components for accuracy. Quint Creative Signs -Review all Specifications as listed. This drawing, design, layout and Quint Creative Group LLC -Quint Creative Signs will not be responsible for any errors in spelling all reproductions thereof are property 101 E High St., Piqua, OH 45356 and layout after approval or production. of Quint Creative Group LLC PO Box 1135 - Piqua, Oh 45356 -You will be responsible for errors and further changes due to errors and all costs and may not be reproduced, published, Phone 937.615.9332 changed or used in any way BrianQ@QuintCreative.com to fix or remake project. without written consent. Rob@QuintCreative.com *Multiple Revisions/Changes Will Be Subject to Additional Setup Fees. 555 E Statler EPSilyte N SECONDARY SIGN 96.0” Wide SIDE 54.646 " High 68.461 ” High 14 ” High 555 12” 72.0” Wide Wide Address cut and lighted PMS 3435 C PMS 357 C FRAME / DECAL DECAL ONLY Total Sign Face Area is: 36.43 sq ft QUINT CREATIVE -Review the Artwork & Layout. Established 2 000 -Review all Spelling and Layout Components for accuracy. Quint Creative Signs -Review all Specifications as listed. This drawing, design, layout and Quint Creative Group LLC -Quint Creative Signs will not be responsible for any errors in spelling all reproductions thereof are property 101 E High St., Piqua, OH 45356 and layout after approval or production. of Quint Creative Group LLC PO Box 1135 - Piqua, Oh 45356 -You will be responsible for errors and further changes due to errors and all costs and may not be reproduced, published, Phone 937.615.9332 changed or used in any way BrianQ@QuintCreative.com to fix or remake project. without written consent. Rob@QuintCreative.com *Multiple Revisions/Changes Will Be Subject to Additional Setup Fees. N 96.0” Wide SIDE 54.646 " High 68.461 ” High 14 ” High 555 Sign Location 12” 72.0” Wide Left of Drive Same Wide Address cut and lighted Setback as Existing PMS 3435 C FRAME / DECAL PMS 357 C DECAL ONLY Primary Sign Total Sign Face Area is: 36.43 sq ft QUINT CREATIVE -Review the Artwork & Layout. Established 2 000 -Review all Spelling and Layout Components for accuracy. Quint Creative Signs -Review all Specifications as listed. This drawing, design, layout and Quint Creative Group LLC -Quint Creative Signs will not be responsible for any errors in spelling all reproductions thereof are property 101 E High St., Piqua, OH 45356 and layout after approval or production. of Quint Creative Group LLC PO Box 1135 - Piqua, Oh 45356 -You will be responsible for errors and further changes due to errors and all costs and may not be reproduced, published, Phone 937.615.9332 changed or used in any way BrianQ@QuintCreative.com to fix or remake project. without written consent. Rob@QuintCreative.com *Multiple Revisions/Changes Will Be Subject to Additional Setup Fees. RESOLUTION No. BZA 04-22 WHEREAS, Ryan Lacy, owner, has filed a variance request to increase the maximum twenty-four (24') foot driveway width allowed for a driveway to a width of thirty-six feet at the address 901 Nicklin Avenue in the City of Piqua, Ohio; and, WHEREAS, the City of Piqua Code of Ordinances section 154.081 (H) General Regulations, establishes driveway widths as following: Use Category Minimum Width Maximum Width Agriculture and Residential Uses 10 feet 24 feet WHEREAS, the Board of Zoning Appeals has considered whether the variance requested: ☐ Is necessary to permit 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 request for a variance at 901 Nicklin Avenue. The motion was seconded by ___________ and the request was ___________ with a vote of ___________ as recorded below. AYE NAY ABSTAIN ABSENT Mr. David Fishback ☐ ☐ ☐ ☐ Mr. Joe Wilson ☐ ☐ ☐ ☐ Mr. Wayne Davey ☐ ☐ ☐ ☐ Ms. April Dankworth ☐ ☐ ☐ ☐ Mr. Wayde Davis ☐ ☐ ☐ ☐ STA F F R E P O RT GENERAL LOCATION REQUEST PC MEETING DATE The applicant, Ryan Lacy, has requested an increase of the maximum driveway width to 03-22-22 36’ for 901 Nicklin Ave. RESOLUTION STAFF CONSIDERATIONS BZA 04-22 The driveway pertaining to the request connects to Ann Street. The applicant built a new garage, and has noticed persistent drainage problems caused by the existing curb cut, and would like to redesign the approach to fix the problem. Expanding the driveway would allow the third driveway bay to have access to the street. SITE ADDRESS The code provides a maximum driveway width of 24’ for residences. This maximum 901 Nicklin Ave prevents sidewalks from being interrupted by too many long drive approaches, which could have an adverse effect on pedestrians and cause drainage issues. In the absence of a standard that limits impervious surface on lots, the width maximum also does some work to help prevent actions like residents graveling or paving most of their lots. PARCEL ID Aside from a series of cases within the Indian Ridge subdivision, developers tend to N44-053400 construct driveways to meet three car garages in a manner that curves from wider back down to 24 feet as they meet the sidewalk to stay within the maximum. In this case, there is only 10’ of distance from the property line, the minimum required, which would not be enough room to bulb out a driveway from the street. ZONING R1 - One Family Residential Ann Street is a narrow, very slow speed street. Students take this route to Piqua Central Intermediate. A single driveway extension will not create a significant issue for pedestrians, but a series of them would make the route less comfortable, and cause additional points of contact between cars and the sidewalk. There are very few driveways that have approaches on Ann Street on this block. SURROUNDING ZONING R1 - One Family Residential The Board may decide that the limited impact and potential to correct a persistent drainage problem through the proposed design in this case makes a code exception reasonable. Staff recommends approval of the request. PREPARED BY Kyrsten French, City Planner Application Variance Request HOW TO APPLY FOR A VARIANCE Where a parcel of land may face hardship, or additional review is sought beyond that of City administration, the Board of Zoning Appeals may review a case for a variance. Piqua Board of Zoning Appeals will conduct a hearing and take final action at its regularly scheduled meeting, held on the fourth Tuesday of each month at 6:00 PM. 1. To have an item placed on the agenda, site plans and application materials may be submitted to bharp@piquaoh.org no later than 5:00 P.M. four weeks prior to the scheduled meeting date. Please include the following: • Completed application form with the name of person or persons requesting the Special Use, stating their legal interest in the property and names of all interested persons; • Site plan of the lot showing proposed use, drawn to accurate scale, showing all pertinent information pertaining to the Special Use Permit (including proposed date construction will be Completed); • $25.00 Application Fee to be paid at time of submittal 2. All sign variances should include an elevation drawing of the proposed sign drawn to scale. Elevation drawings may be required for other variances if deemed necessary by the BZA administrator. 3. Upon receipt of the above referenced items, the BZA administrator will cause a resolution item requesting a zoning variance to be placed on the agenda of the next regularly scheduled Board of Zoning Appeals meeting. The Administrator will also notify adjacent property owners within 200 feet of the property where said variance I being requested, regarding the time and place of the public hearing to be held. Applicants are to make their case to describe the unusual circumstance leading to the request. SUBMITTAL REQUIREMENT CHECKLIST ☐ Construction and ☐ $25 Fee ☐ Application ☐ Site Plan Elevation Drawings (Cash or Check) (If applicable) APPLICANT INFORMATION ☐ Primary Contact ☐ Billing Contact First Last Name: Ryan Lacy Ryan Lacy Contact Person First Last Name: Mailing Address: 901 Nicklin Ave Piqua Ohio 45356 Phone Number: 937-418-2626 Email: Ryanblacy78@yahoo.com Type of legal interest held by applicant: Owner 1 201 W Water St | Piqua, OH 45356 | Office | 937.778.2049 Application Variance Request OWNER INFORMATION First Last Name: Ryan&Nicole Lacy Mailing Address:901 Nicklin Ave Piqua Ohio 45356 Phone Number:937-418-2626 Email:Ryanblacy78@yahoo.com LOCATION DETAILS Street Address:901 Nicklin Ave Parcel ID Number: Existing Zoning District: Existing Use: Proposed Use: PROJECT INFORMATION - Attach additional page(s) if necessary. Briefly describe the reason for the requested variance: To make the exiting area more functional and match to the new garage. ACKNOWLEDGMENT AND AUTHORIZATION The undersigned acknowledges that the information provided herein is accurate to the fullest extent of their knowledge. Ryan Lacy Applicant Name Date Applicant Signature Title 2 201 W Water St | Piqua, OH 45356 | Office | 937.778.2049 RESOLUTION No. BZA 05-22 WHEREAS, the owner and those with interest in the property located at 405/407 South Main Street, parcel N44-017360 in the City of Piqua, Ohio, have received a Demolition Notice concerning the subject property; and Whereas, the thirty (30) day period to Raze or Repair has expired; and, an inspection of the subject property has determined no substantive action has been taken to correct/abate the public nuisance conditions identified at this location; and, Whereas, Chapter 150.105 (PM 111.1) of the City of Piqua Code of Ordinances states an application for appeal shall be based on a claim that the true intent of this code of the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means; and Whereas, Chapter 150.106(F) of the City of Piqua Code of Ordinances identifies the Board of Zoning Appeals as the body designated to hear and decide upon all matters related to an appeal of an action taken by the code official in the administration and enforcement of the Property Maintenance Code; NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of the City of Piqua, Miami County, Ohio, the majority of all members appointed thereto concurring, that the Board of Zoning Appeals hereby affirms the decision of the enforcing official. NOW THEREFORE BE IT RESOLVED that ___________ motioned to affirm the decision of the enforcing official and the motion was seconded by ___________ and the Board of Zoning Appeals recorded the following vote ___________ the motioned action. _____________________________________________________________________ AYE NAY ABSTAIN ABSENT Mr. David Fishback ☐ ☐ ☐ ☐ Mr. Joe Wilson ☐ ☐ ☐ ☐ Mr. Wayne Davey ☐ ☐ ☐ ☐ Ms. April Dankworth ☐ ☐ ☐ ☐ Mr. Wayde Davis ☐ ☐ ☐ ☐ DEVELOPMENT DEPARTMENT Chris Schmiesing, Community & Economic Development Director 201 West Water Street • Piqua, Ohio 45356 PH (937) 778-2049 • FAX (937) 778-0809 E-Mail: cschmiesing@piquaoh.org March 2, 2022 Brad Ulbrich Ulbrichs, Inc. P.O. Box 1494 Piqua, Ohio 45356 Parcel No: N44-017360 Case Number: CVN 10823361543 Property Address: 405/407 S. Main Street Mr. Ulbrich: This letter is to inform you of the City of Piqua’s intention to proceed with summary abatement of the conditions cited by the above referenced Code Violation Notice. Since the March 2017 original issuance of the Code Violation Notice, multiple extensions have been granted to provide you with additional time to abate the referenced code violation conditions. This has resulted in little progress, no final resolution of the issues cited, and no evidence that the conditions will be abated in the near future. Therefore, the City of Piqua is proceeding in accordance with the Demolition Notice previously issued concerning this case. A copy of the prior notices issued are included herewith for your reference. An item will be included on the March 22, 2022 Board of Zoning Appeals agenda to provide you with an opportunity to appeal of this matter if you so desire. The meeting will be held at 6:00PM in the Commission Chambers located at the Municipal Government Complex, 201 W. Water Street, Piqua, Ohio. Very truly yours, Chris Schmiesing Community and Economic Development Director c: Paul Oberdorfer, City Manager Frank Patrizio, Law Director Aaron Morrison, Code Compliance Coordinator Item No Parcel Owner OR CURRENT RESIDENT PROPERTY ADDRESPIQUA OH 45356 BZA 3‐22 Quint Creative Signs OR CURRENT RESIDENT 101 East High StreePIQUA OH 45356 BZA 3‐22 J27‐001560 PIQUA MATERIALS INC OR CURRENT RESIDENT 11641 MOSTELLERCINCINNATOH 45241 BZA 3‐22 J27‐002160 HOHMAN FARMS LLC OR CURRENT RESIDENT PO BOX 43461 CINCINNATOH 43461 BZA 3‐22 J27‐002750 POLYSOURCE LLC OR CURRENT RESIDENT 1560 W STATLER RPIQUA OH 45356 BZA 3‐22 J27‐002760 POLYSOURCE LLC OR CURRENT RESIDENT 1590 W STATLER RPIQUA OH 45356 BZA 3‐22 J27‐002760 POLYSOURCE LLC OR CURRENT RESIDENT 1330 LAKE ROBBINTHE WOODTX 77380 BZA 3‐22 J27‐002960 CROMES DELBERT (TR) OR CURRENT RESIDENT 1700 STATLER PIQUA OH 45356 BZA 3‐22 J27‐002960 CROMES DELBERT (TR) OR CURRENT RESIDENT 731 STAUNTON STPIQUA OH 45356 BZA 3‐22 N44‐076170 JIDELI PROPERTIES LLC OR CURRENT RESIDENT 500 STATLER RD PIQUA OH 45356 BZA 3‐22 N44‐076560 POLYSOURCE LLC OR CURRENT RESIDENT 1544 W STATLER RPIQUA OH 45356 BZA 3‐22 N44‐076564 POLYSOURCE LLC OR CURRENT RESIDENT 1410 STATLER PIQUA OH 45356 BZA 3‐22 N44‐076566 J‐MUR ENTERPRISES INC OR CURRENT RESIDENT 1148 ONTARIO CT SIDNEY OH 45365 BZA 3‐22 N44‐076568 POLYSOURCE LLC OR CURRENT RESIDENT 555 E STATLER RD PIQUA OH 45356 BZA 3‐22 N44‐076846 J‐MUR ENTERPRISES INC OR CURRENT RESIDENT 700 STATLER PIQUA OH 45356 BZA 3‐22 N44‐077644 SCODAN INVESTMENTS OR CURRENT RESIDENT 322 WYNDHAM WPIQUA OH 45356 BZA 3‐22 N44‐077644 SCODAN INVESTMENTS OR CURRENT RESIDENT PO BOX 173 CASSTOWNOH 45312 BZA 3‐22 N44‐101400 J‐MUR ENTERPRISES INC OR CURRENT RESIDENT 600 STATLER PIQUA OH 45356 BZA 4‐22 N44‐018690 LIETTE REALTY IV LLC OR CURRENT RESIDENT 824 NICKLIN PIQUA OH 45356 BZA 4‐22 N44‐018690 LIETTE REALTY IV LLC OR CURRENT RESIDENT 9300 COUNTRY CL PIQUA OH 45356 BZA 4‐22 N44‐018700 ROUTSON JEFFREY M OR CURRENT RESIDENT 826 NICKLIN PIQUA OH 45356 BZA 4‐22 N44‐018710 SEBESTYEN GLYNN & LEE LLC OR CURRENT RESIDENT 846 NICKLIN PIQUA OH 45356 BZA 4‐22 N44‐018710 SEBESTYEN GLYNN & LEE LLC OR CURRENT RESIDENT 600 CALDWELL ST PIQUA OH 45356 BZA 4‐22 N44‐018920 DOTTIE B LLC OR CURRENT RESIDENT 600 ANN PIQUA OH 45356 BZA 4‐22 N44‐018930 DOTTIE B LLC OR CURRENT RESIDENT 608 ANN PIQUA OH 45356 BZA 4‐22 N44‐018930 DOTTIE B LLC OR CURRENT RESIDENT 3260 MILLCREEK RPIQUA OH 45356 BZA 4‐22 N44‐018940 GERHART GREENHOUSES INC OR CURRENT RESIDENT PO BOX 307 PIQUA OH 45356 BZA 4‐22 N44‐019000 MOORE TRAVIS W TRUSTEE OR CURRENT RESIDENT 605 ANN PIQUA OH 45356 BZA 4‐22 N44‐019010 STRUNK TODD E OR CURRENT RESIDENT 603 ANN PIQUA OH 45356 BZA 4‐22 N44‐019020 DOTTIE B LLC OR CURRENT RESIDENT 606 ANN PIQUA OH 45356 BZA 4‐22 N44‐019030 YOUNT CHARLES E & BEVERLY E (TOD) OR CURRENT RESIDENT 521 ANN PIQUA OH 45356 BZA 4‐22 N44‐019030 YOUNT CHARLES E & BEVERLY E (TOD) OR CURRENT RESIDENT 1803 MARGENE D PIQUA OH 45356 BZA 4‐22 N44‐034810 BUECKER ELIZABETH A OR CURRENT RESIDENT 900 NICKLIN PIQUA OH 45356 BZA 4‐22 N44‐034820 CANTRILL SHERRY L (TOD) OR CURRENT RESIDENT 904 NICKLIN PIQUA OH 45356 BZA 4‐22 N44‐034830 JENKINS CAROL R OR CURRENT RESIDENT 906 NICKLIN PIQUA OH 45356 BZA 4‐22 N44‐053350 STACY DANNY W OR CURRENT RESIDENT 915 NICKLIN PIQUA OH 45356 BZA 4‐22 N44‐053350 STACY DANNY W OR CURRENT RESIDENT 30 OSPREY CT PIQUA OH 45356 BZA 4‐22 N44‐053360 BOETTIGER SCOTT A & CATHY E OR CURRENT RESIDENT 911 NICKLIN PIQUA OH 45356 BZA 4‐22 N44‐053370 GAMBILL RYAN N & AMBER L OR CURRENT RESIDENT 907 NICKLIN PIQUA OH 45356 BZA 4‐22 N44‐053380 ANDERSON DOUGLAS A & CHRISTINA L OR CURRENT RESIDENT 909 NICKLIN PIQUA OH 45356 BZA 4‐22 N44‐053390 ROBERTS DANNY R & CARLA L OR CURRENT RESIDENT 905 NICKLIN PIQUA OH 45356 BZA 4‐22 N44‐053400 PRESTON NICOLE JANETTE OR CURRENT RESIDENT 901 NICKLIN PIQUA OH 45356 BZA 4‐22 N44‐090385 MOORE TRAVIS W TRUSTEE OR CURRENT RESIDENT 607 ANN PIQUA OH 45356 BZA 4‐22 N44‐096060 DOTTIE B LLC OR CURRENT RESIDENT 610 ANN PIQUA OH 45356 BZA 4‐22 N44‐250225 BOARD OF EDUCATION OR CURRENT RESIDENT 215 LOONEY RD PIQUA OH 45356 BZA 5‐22 N44‐004560 ULBRICHS IGA INC OR CURRENT RESIDENT P O BOX 1494 PIQUA OH 45356 BZA 5‐22 N44‐004620 ULBRICHS INC OR CURRENT RESIDENT 407 S WAYNE ST PIQUA OH 45356 BZA 5‐22 N44‐004660 ULBRICH BARBARA J OR CURRENT RESIDENT 410 MAIN PIQUA OH 45356 BZA 5‐22 N44‐004660 ULBRICH BARBARA J OR CURRENT RESIDENT 1211 MAPLEWOO PIQUA OH 45356 BZA 5‐22 N44‐004690 BALTES IRVIN J & KATHLEEN A (LC) &@(3) OR CURRENT RESIDENT 424 MAIN PIQUA OH 45356 BZA 5‐22 N44‐004690 BALTES IRVIN J & KATHLEEN A (LC) &@(3) OR CURRENT RESIDENT 228 W GREENE ST PIQUA OH 45356 BZA 5‐22 N44‐004700 MANSON LARRY I & KAY OR CURRENT RESIDENT 109 JOHNSTON ST PIQUA OH 45356 BZA 5‐22 N44‐004700 MANSON LARRY I & KAY OR CURRENT RESIDENT 13421 E MIAMI‐SHPIQUA OH 45356 BZA 5‐22 N44‐004730 HELTON HATTIE OR CURRENT RESIDENT 125 GLENN ST PIQUA OH 45356 BZA 5‐22 N44‐004740 HELTON HATTIE M OR CURRENT RESIDENT 428 MAIN PIQUA OH 45356 BZA 5‐22 N44‐017290 ULBRICHS INC OR CURRENT RESIDENT P O BOX 1494 PIQUA OH 45356 BZA 5‐22 N44‐017310 ULBRICHS INC OR CURRENT RESIDENT 336 MAIN PIQUA OH 45356 BZA 5‐22 N44‐017350 STACY KATHRYN A (TR) OR CURRENT RESIDENT 337 MAIN PIQUA OH 45356 BZA 5‐22 N44‐017360 ULBRICHS INC OR CURRENT RESIDENT 407 MAIN PIQUA OH 45356 BZA 5‐22 N44‐017380 STACY KATHRYN A (TR) OR CURRENT RESIDENT 417 MAIN PIQUA OH 45356 BZA 5‐22 N44‐017380 STACY KATHRYN A (TR) OR CURRENT RESIDENT 8638 N PIQUA LOCPIQUA OH 45356 BZA 5‐22 N44‐017390 COOPER ALFRED E & ROSALIE A OR CURRENT RESIDENT 419 MAIN PIQUA OH 45356 BZA 5‐22 N44‐017400 HOWARD ROY F OR CURRENT RESIDENT 429 MAIN PIQUA OH 45356 BZA 5‐22 N44‐017400 HOWARD ROY F OR CURRENT RESIDENT P.O.BOX 810 PIQUA OH 45356 BZA 5‐22 N44‐017410 PIQUA PROPERTY GROUP I LLC OR CURRENT RESIDENT 425 MAIN PIQUA OH 45356 BZA 5‐22 N44‐017410 PIQUA PROPERTY GROUP I LLC OR CURRENT RESIDENT 1305 PARK AVE PIQUA OH 45356 BZA 5‐22 N44‐017450 ASHER NICHOLAS J OR CURRENT RESIDENT S 421 MAIN ST PIQUA OH 45356 BZA 5‐22 N44‐017450 ASHER NICHOLAS J OR CURRENT RESIDENT 2500 LEATHERWO SIDNEY OH 45365 BZA 5‐22 N44‐017460 BENANZER DEVELOPMENT III LTD OR CURRENT RESIDENT E 112 GRANT ST PIQUA OH 45356 BZA 5‐22 N44‐017460 BENANZER DEVELOPMENT III LTD OR CURRENT RESIDENT 6 HARVEST FIELDS ARCANUM OH 45304 BZA 5‐22 N44‐017470 COTRELL EDDIE J & SHERYL L OR CURRENT RESIDENT E 114 GRANT ST PIQUA OH 45356 BZA 5‐22 N44‐017470 COTRELL EDDIE J & SHERYL L OR CURRENT RESIDENT 10120 N CO RD 25 PIQUA OH 45356 BZA 5‐22 N44‐250634 MIAMI CONSERVANCY DIST OR CURRENT RESIDENT 38 E MONUMENT DAYTON OH 45401

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