Planning Commission Meeting

MINUTES OF MEETING INDIAN HILL PLANNING COMMISSION May 15, 2024 The regular meeting of the Indian Hill Planning Commission was held on May 15, 2024 at 7:00 p.m. in Council Chambers of the Village Administration building. Members Present: Richard Wiggers Joseph Rhodenbaugh Rita Stolper Shayne Manning Donald McGraw Members Absent: Barrett Tullis Officials Present: Jonathan West, Assistant City Manager Visitors Present: Dylan Kiley, 9955 Lakewood Lane Item Number 1: Minutes and findings from the March 20, 2024 Indian Hill Planning Commission meeting: Mr. Manning made a motion to approve the March 20, 2024 minutes and findings. Mr. McGraw seconded, and the motion was approved by a unanimous voice vote. Chairman Wiggers asks for anyone planning to speak this evening to please stand, raise their right hand, and be sworn in prior to presentation of the case. Item Number 2: Case #24-004: Dylan Kiley, on behalf of 9955 Lakewood Lane LLC, is requesting variance approval from Section 59.5 of the Indian Hill Zoning Ordinance to increase the height of an earthen berm in the street side yard from four (4) feet to eight (8) feet. The property is located at 9955 Lakewood Lane. Mr. Dylan Kiley comes before the Commission and notes that the previous owner of the property at 9955 Lakewood Lane removed a large area of natural vegetation which left a clear view into the back yard. The new owner would like more privacy and additional sound protection from traffic on Hopewell Road than a four (4) foot berm will provide; therefore, they are requesting approval for an eight (8) foot berm. Staff Report: Mr. West states that the applicant is requesting variance approval to construct an eight-foot (8') earthen berm in the street side yard adjacent to Hopewell Road, where a maximum height of four feet (4') is permitted in zoning District A per Section 59.5 of the Indian Hill Zoning Ordinance, which states: Village of Indian Hill Minutes of Planning Commission Meeting May 15, 2024 Page 2 “All earthen berms of greater than three (3) feet but not exceeding four (4) feet may be located in any side or rear yard, …” “All earthen berms of greater than four (4) feet are prohibited unless a variance is approved by the Planning Commission.” An extensive landscaping plan has been provided which includes adding 42 Green/Blue Spruce trees and 40 Leather Leaf Viburnum shrubs. The area where the earthen berm and landscaping are proposed is located in a resource protection area on the plat; however, there are no resources in this area. The area was in agricultural use when the plat was approved. Mr. West comments that the natural vegetation that was removed by the prior owner that Mr. Kiley referenced was honeysuckle, not trees. Section 14.7 of the Indian Hill Subdivision Ordinance states, “Resource protection areas…shall be designated on the final plat of Subdivision as such and in no case shall such designated areas be developed. Land which is designated as a resource protection area pursuant to this section shall be used for resource protection and such other purposes as the Planning Commission shall approve and authorize to be designated on the final plat.” Section 17.4 of the Indian Hill Subdivision Ordinance states, “The owner of designated resource protection areas may plant trees or ground cover, replace ground vegetation with wildflowers, perennial beds, evergreens or desired plantings;”. Mr. West states that the variance application is based on exceptional practical difficulty and conflict with the Village’s adopted Land Use Objectives & Policies. To help support the Commission’s decision to approve or deny the requested variance, staff has prepared written findings of fact per Section 101.53 Standards for Variances – The Commission shall not grant a variance as authorized in Section 101.52 unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it which supports written conclusions that: 1) The variance request arises from physical conditions of the lot which are very unusual, that is, conditions which are rarely found in the same district, and the conditions are created by the provisions or requirements of this ordinance and not by an action or actions of the property owner or the applicant, such that the literal interpretations of the ordinance would deprive the property owner or the applicant of rights commonly enjoyed by other properties in the same district; Village of Indian Hill Minutes of Planning Commission Meeting May 15, 2024 Page 3 The applicant stated that the variance is being requested due to the time required for natural vegetation to regrow. The mound will provide the proper privacy to the property including landscaping. Also stated is that the request is due to the height of trucks and larger vehicles driving on Hopewell Road, and a 4' berm is inadequate. The closest point of the home to the edge of Hopewell Road is 345'. The elevation of Hopewell Road is 770', and the elevation of the home on the Hopewell side is 760'. The physical conditions of the lot are not very unusual and are not rarely found in zoning District A. The ordinance would not deprive the property owner or the applicant of rights commonly enjoyed by other properties in the same district. Therefore the Planning Commission shall determine whether the request meets Standard No. 1. 2) The particular physical surroundings, shape, or topographical condition of the specific property involved would cause undue hardship or exceptional practical difficulty for the owner, lessee or occupant, as distinguished from a mere inconvenience, or would conflict with the Village’s adopted land use objectives and policies, if the provisions of this ordinance were strictly enforced; The particular physical surroundings, shape, or topographical condition of the specific property would not cause exceptional practical difficulty for the owner. The land use plan permits appropriate berms and landscaping that create a natural buffer/barrier for privacy. Therefore the Planning Commission shall determine whether the request meets standard No. 2. 3) The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, not impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the Village streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood; and Granting the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood; will not impair an adequate supply of light or air to adjacent property; will not increase the congestion in the Village of Indian Hill Minutes of Planning Commission Meeting May 15, 2024 Page 4 Village streets; will not increase the danger of fire, public safety or diminish or impair property values within the neighborhood. Therefore the request meets standard No. 3. 4) The variance desired will not conflict with the general purpose and intent of this ordinance. The variance should not conflict with the general purpose and intent of the ordinance. Therefore the Planning Commission shall determine whether the request meets standard No. 4. Mr. West notes that staff has not received any comments from adjacent property owners regarding the request. Mr. West adds that any berm added in this area will not affect drainage because what’s on Hopewell Road will continue to the ditch line, and the rest of the property drains to a creek in the back yard. Mr. Rhodenbaugh comments that he does not feel this request meets variance review criteria number one, as there is nothing unusual or unique about this property in comparison to hundreds of others in the Village. Chairman Wiggers recognizes that the house is lower than Hopewell Road, but this is not unlike many other houses in the Village. He comments that if you plant a lot of trees in this area, you may be able to add a considerable amount of privacy. Mr. Manning states that taller trees could be planted. Evergreens grow quickly and wouldn’t take too long to add additional privacy. Mr. Kiley comments that the yard area on the other side of the berm is higher than where the back of the house is located; therefore, if you’re in the back yard there is virtually no privacy due to being at the same level as Hopewell Road. After further discussion, Mr. Manning made a motion to deny the requested variance. Mr. Rhodenbaugh seconded, and the motion was approved by a unanimous roll call vote with all in favor of approval of the motion. There being no further business to come before the Commission, Mr. McGraw made a motion to adjourn. Mr. Manning seconded, and the motion was approved by a unanimous voice vote. Village of Indian Hill Minutes of Planning Commission Meeting May 15, 2024 Page 5 Respectfully submitted, Richard Wiggers, Chairman ATTEST: Jonathan D. West, Secretary Pro-tem