Board of Zoning Appeals

CITY OF TALLMADGE BOARD OF ZONING APPEALS Minutes of Meeting Held February 11, 2014 7:00 p.m. Council Chambers Date Time Place Members Present: David Cooper, Richean Kuzior and Richard Schunk Members Absent: Kevin Heilmeier, Melanie Bushey Chaired by: Richean Kuzior Secretary: Velma Williams  Regular meeting  Special Meeting PRESENT: Megan Raber, Law Director Roger Lyons, Zoning Department ITEMS TO BE DISCUSSED Item #1 Case No. 936 Tony Fisher – Applicant/Owner 342 South Avenue Variance requested from Subsection 1157.07 (a); Minimum front yard setback of 50 feet required; Request variance to 33 feet; For review and approval. The February 11, 2014 meeting of the Board of Zoning Appeals was called to order at 7:00 p.m. by Co-Chairperson, Richean Kuzior. The meeting was opened with the Pledge of Allegiance. Roll called. All members present with the exception of Melanie Bushey and Kevin Heilmeier. Mr. Schunk: Motion to excuse Mr. Heilmeier and Mrs. Bushey from this meeting. Mr. Cooper: seconded the motion. Roll called. All members present voted in favor (3-0). Mrs. Kuzior: The next item of business is the approval of the minutes from January 14, 2014. Mr. Cooper: So moved. Board of Zoning Appeals – February 11, 2014 2. Mrs. Kuzior: seconded the motion. Roll called. All members present voted in favor (3-0). Mrs. Kuzior: I guess we didn’t have any corrections. The next item of business is the Public Hearing. Mr. Lyons: You had some correspondence. Mrs. Kuzior: We did have correspondence from the Mr. Lyons: You had a memo February 5 from the Law Director, Mrs. Raber. Mrs. Kuzior: Okay, we have a fax from Mr. Anthony Fisher. It says: Please be advised that I have been called out of town for business meetings. I need to request a continuance concerning my variance to be scheduled to the month of March, 2014. Regards, Anthony W. Fisher. We have a Memo from the Law Director. Should I read this, do I have to? Mrs. Raber: You don’t have to. You can just note the date. You can if you want. Mrs. Kuzior: The date is February 5, 2014 and this was to the Board of Zoning Appeals concerning the fax we received from Mr. Fisher and we need to discuss what we’re going to do about it. Mrs. Raber: If you want to go ahead and call the case, then you can discuss how you want to handle it. Mrs. Kuzior: Next item of business is the Public Hearing for Case No. 936 from the January 14 meeting per applicant’s request. Item #2 Case No. 936 Tony Fisher – Applicant/Owner 342 South Avenue Variance requested from Subsection 1157.07 (a); Minimum front yard setback of 50 feet required; Request variance to 33 feet; For review and approval. Mrs. Kuzior: We have to decide whether we are going to continue this, vote on it or Board of Zoning Appeals – February 11, 2014 3. Mrs. Raber: Or hear from the members of the public. If I may, Madam Chair, I think at the original hearing we did have at least one person that had expressed an interest in speaking that night. Mr. Fisher had asked for it to be held over and so tonight we weren’t sure whether anyone would be in attendance and whether you’d want to inconvenience them or not to come back again. For the record, there is no one present in the audience this evening so that particular option, I don’t think is relevant. At this point, if you Mrs. Kuzior: Well, we know Mrs. Bushey was going to abstain because of her personal interest in this. We still have to have a quorum. Mrs. Raber: You do have a quorum. You do have the three members but I think that given the fact that he was unable to attend and that we’re missing the fourth person, it seems, its totally up to the board, but it would be reasonable to hold it over again if you so chose to do that. Mrs. Kuzior: The reason he wanted to hold it over was because we only had three members present. Mr. Schunk: Did he request a continuance to the March meeting? Mrs. Raber: The March meeting. Mrs. Kuzior: I think that seems reasonable because the reason he requested it in the beginning was because we only had three people. Did the people in the audience speak then? Mrs. Raber: No. There’s not a second notification of the hearing so anybody in the audience would have known that it was continued to tonight. We did have one phone call I know that did come in to the Planning & Zoning Department asking about it. I thought we might have someone here. Again, for the record, there’s no one in the audience. Mr. Cooper: I was depending on you to run this railroad, but I would postpone it until next time. Mr. Schunk: I concur. Mrs. Raber: Does one of you want to make a formal motion? Mr. Schunk: I will move that the matter that Mr. Fisher has before the Board of Zoning Appeals, Case #936 be postponed until March. Mrs. Kuzior: seconded the motion. Roll called. All members present voted in favor (3-0) Board of Zoning Appeals – February 11, 2014 4. Mrs. Kuzior: I make a motion that we adjourn. Mr. Cooper: seconded the motion. All members present voted in favor (3-0). Meeting adjourned at 7:10 p.m. Respectfully submitted, ______________________________________ ______________________________________ Velma J. Williams, Secretary Kevin Heilmeier, Chairperson