Board
of Appeals Case Decisions 2005 | Zoning
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Zoning Board of Appeals | Decisions 2004
The Miami Township Board of Zoning
Appeals met on Monday, January 5, 2004 and considered and took action
on the following case:
[Case 676] The applicant, Family Dollar
Store, requested a reduction in the required side yard setback from 15
feet to
5.4 feet and a reduction in the number of parking spaces from
the required 38 spaces to 35 spaces. The
applicant argued the
variances were needed because of the configuration of the lot and the
size of their
building. The applicant stated the proposed building was
their smallest prototype. After some discussion
relating to site
design a modification of the site plan was proposed and agreed upon.
The Board of Zoning
Appeals granted a 3-foot variance to permit a 12
foot side yard setback and granted a variance to permit
35 parking
spaces.
The Miami Township Board of Zoning Appeals met on Monday,
February 2, 2004 and considered and took action on the following case:
[Case 677] The applicant, Deerfield Pointe LLC, requested a variance
to permit a subdivision sign that would be
placed at a location other
than the entrance. The sign was proposed for the intersection of
Deerfield Road
and Woodville Pike. After some discussion, the Board of
Appeals voted to deny the variance request.
The Miami Township Board
of Zoning Appeals met on Monday, March 1, 2004 to accept and set
public hearing dates for newly submitted cases. No action was taken by
the Board at this meeting.
The Miami Township Board of Zoning Appeals
met on Monday, April 5, 2004 and considered and took action on the
following case:
[Case 678] The applicant, White Farm Development,
requested a conditional use to expand the Whitegate Farm
Subdivision
to the west. The company purchased an additional 28.5 acres an propose
46 lots. Access to
the site will be through the existing subdivision.
After some discussion, the Board of Appeals approved the
Conditional
Use.
The Miami Township Board of Zoning Appeals met on Monday, May 3,
2004 and
considered and took action on the following cases:
[Case 679] The applicant, Kennel Resorts, requested a finding of the
Community Development Director be overturned.
Kennel Resorts plans to
construct a kennel on Meadowview Drive near Bypass 28. The Finding
required
Kennel Resorts to comply with a requirement that kennels and
outdoor dog runs must be setback 200 feet
from any adjoining
residential property line. Kennel Resorts argued their use was
agricultural and therefore
exempt from zoning. After some discussion
the application was modified to provide a setback variance
from Bypass
28 that would push the kennel operation further away from the nearby
residential properties.
The Board of Appeals voted to approve the
modified application.
[Case 681] The applicant, Lackner Signs,
representing Bank One, requested a variance that would permit a pole
sign
and three additional wall signs at Bank One located at 1086 SR
28. After some discussion the Board of
Appeals voted to approve the
pole sign, but denied the additional wall signs.
[Case 684] The
applicant, Endeavor Construction, requested a 15-foot setback variance
to permit construction of a
warehouse building 20 feet from an
adjoining property line. Since the applicant was not present to
justify
the case, the Board of Appeals voted to deny the variance
request.
[Case 685] The applicant, Gary Hollingsworth, requested a
6-foot setback variance to construct a rear deck on his
home. The deck
would allow the use of a door that currently was 8 feet above grade
with no stairway. After
some discussion, the Board of Appeals voted to
approve the variance request.
The Miami Township Board of Zoning
Appeals met on Monday, May 17, 2004 and considered and took action on
the following case:
[Case 680] The applicant, Victory Industries,
requested a finding of the Community Development Director be over
turned as it relates to a noise violation. The Community Development
Director sent a violation notice to
Victory Industries after receiving
several complaints about noise from the exhaust fans. Victory
Industries
and Miami Township, independently, had noise analysis
studies prepared. According to the Board of
Zoning Appeals the sound
studies demonstrated Victory Industries was not in violation of the
noise
regulations found in the Zoning Resolution. The Board voted to
overturn the finding of the Community
Development Director.
[Case 682] The applicant, Kathleen Dunn, requested a conditional use to
permit a corner lot to be subdivided into two
lots. The Conditional
use application requested a corner lot that would be less than 30,000
square feet.
The project involved removing an existing vacant and
deteriorated house and constructing two new homes.
After some
discussion the Board of Appeals voted to approve the conditional use
request.
[Case 683] The applicant Doug Lantz, requested a 19.5-foot
front yard setback variance to construct a new home on
Cottontail
Drive. The justification for the variance was the extreme slope at the
rear of the lot. An earlier
variance was granted for the same property
permitting a 7 foot front yard variance. After some discussion,
the
Board of Appeals voted to deny the 19.5 foot variance request.
[Case
686] The applicant, Mark Davis AIA, representing River Hills
Christian Church, requested a conditional use to
permit the
construction of a church on 23 acres on Price Road at Loveland
Miamiville Road. After some
discussion, the Board of Appeals voted to
approve the conditional use for the church.
The Miami Township Board
of Zoning Appeals met on Monday, June 14, 2004 and considered and took
action on the following cases:
[Case 687] The applicant, Neyer
Properties, requested a 10-foot variance to permit a commercial
driveway to be
located 5 feet from a residential zoning district. The
BZA determined the driveway could be located 5 feet
from the property
line if a fence was provided. The variance was modified to provide
landscaping in lieu of a
fence. After some discussion the modified
variance request was approved.
[Case 688] The applicant, Dennis
Isham, requested a 15-foot variance to permit a home addition to be
located 35 feet
from Poplar Street. The additional to the home would
result in the removal of an existing shed located 6
feet from the
road. The result would be a structure located further from the road
than the existing
condition. After some discussion, the BZA voted to
approve the variance request.
[Case 689] The applicant, Victoria
Howe, requested a 23-foot rear and 30-foot front yard setback for a
proposed home
located on Christy Lane. There was some debate over the
actual dimensions of the lot and the minimum
setback required to site
the house on the lot. The case was continued to the July Meeting.
[Case
690] The applicant, Barbara Poe, requested a conditional use to
construct two homes in the “H” Resort District
for year-round
occupancy. The applicant demonstrated she met the two conditions
related to on-site
wastewater treatment and floodplain regulations.
After some discussion, the BZA voted to approve the
conditional use.
The Miami Township Board of Zoning Appeals met on Monday, July 5, 2004
and considered and took action on the following cases:
[Case 689] The
Board of Appeals reopened this continued case and received new
information on the actual
dimensions of the lot and information on the
setbacks of similar homes in the neighborhood. After some
additional
discussion, the Board voted to approve an 11-foot variance for the
front yard setback and a
10-foot variance for the rear yard setback.
Case 691 – The applicant, Gregory Brown, requested a 5-foot
variance
to permit an in-ground pool to be located 10 feet from the rear
property line. The applicant stated
their lot was located in a Planned
Unit Development and the land to the rear and side was part of the PUD
open space. The pool would not affect any other homes in the
neighborhood. After some discussion, the
BZA voted to approve the
5-foot rear yard setback variance.
[Case 692] The applicant,
Endeavor Construction, requested a 20-foot side yard setback variance
for a proposed
warehouse building. The required setback is 35 feet
since the adjoining property is zoned residential. The
applicant
argued that the land may be zoned residential, but was being used as
an auto salvage yard,
therefore they were requesting a setback
consistent with other business setbacks. After some
discussion, the
BZA voted to approve the 20-foot side yard setback variance.
[Case 693] The applicant, Leland Bishop, requested a 9-foot side yard setback
variance in order to construct a
carport. The required setback is 10
feet from the side property line. He stated the carport would be
attached to the house and would be open on three sides. There was
considerable discussion relating to
the construction of the carport
and the front yard setback for the carport. It was determined a front
yard
setback variance would also be required for the project. After
some additional discussion, the BZA voted
to approve a 9-foot side
yard variance and a 5-foot front yard variance.
[Case 694] The
applicant, Stephen Bunker, requested a 6-foot setback variance for a
proposed screened porch and
deck. The applicant stated the lot is
located in a Planned Unit Development and the land behind the house
was part of the PUD open space. He also stated only a corner of the
addition would be within the required
setback. Most of the addition
meets all setback regulations. After some discussion, the BZA voted to
approve the 6-foot rear yard setback variance.
[Case 695] In this
case Miami Township acted as the applicant on behalf of the Russ Group
for a variance request
related to a retail building on SR 28. The
issues involved with this request directly relate to the State’s
taking of right-of-way for the widening of SR 28. The Russ Group
requested two variances. The first
request was a 7-foot setback
variance for a freestanding sign. The second request was for a
reduction in
the size of the parking stalls to 9’ x 18’. The r-o-w
taking requires the sign to be relocated and will
eliminate seven
parking spaces. By reducing the size of the parking stalls, the center
can maintain the
same number of parking spaces. After some discussion,
the BZA agreed that the taking created a
hardship and approved a
7-foot setback variance for the sign and approved a parking stall size
of 9 x 18
feet.
The Miami Township Board of Zoning Appeals met on
Monday, August 2, 2004. There were no public hearings scheduled and
the Board took no action.
The Miami Township Board of Zoning Appeals
met on Monday, September 13, 2004 and considered and took action on
the following cases:
[Case 696] The applicant, ASI Modular, was
requesting a variance to permit a freestanding sign to be located one
foot
from a proposed right-of-way. Working with the applicant it was
determined the sign could be located on
the property without a
variance. The applicant withdrew the request.
[Case 697] The
applicant, The Philcon Group, was requesting a setback variance for a
proposed condominium
building. The Zoning Resolution requires a
35-foot building setback when the adjoining property is zoned
residential. The applicant was requesting a 15-foot variance. The
zoning line is internal to the project. The
condominium building was
still setback 100 feet from the nearest adjoining residential
property. After
some discussion, the BZA voted to approve the 20-foot
variance request.
[Case 698] The applicant, Neyer Properties, was
requesting three freestanding “center” identification signs for a
proposed development located at the intersection of Branch Hill Guinea
Pike and Loveland Miamiville
Road. Two signs would be 60 square feet
in size and 17 feet high and one sign would be 80 square feet.
The
Zoning Resolution permits one “center” sign at 60 square feet and
thirty-five feet high. There are five
individual lots proposed for the
site. Each site could have its own signage. The total number of signs
and
the total square footage of signage submitted for the variance
request was less than the total of all the
individual signs. The BZA
found the end result would be less signage and voted to approve the
variance
conditioned upon no additional freestanding signage will be
permitted.
The Miami Township Board of Zoning Appeals met on Monday,
October 4, 2004 and considered and took action on the following cases:
[Case 699] The applicant, Ohio Valley Voices, requested a
conditional use to construct and operate a private school
for deaf
children at 6721 Branch Hill Guinea Pike. The applicant located a
different site for the school and
withdrew the application. The Board
took no action.
[Case 700] The applicant, Ohio Valley Voices,
requested a variance to permit a school on 3 acres of land. The Zoning
Resolution requires a minimum of five acres. The proposal was to
construct and operate a private school
for deaf children at 6721
Branch Hill Guinea Pike. The applicant located a different site for
the school and
withdrew the application. The Board took no action.
[Case 701] The applicant, Donald Cook, requested a variance to
permit an aboveground swimming pool 7 feet from the
rear property
line. The zoning resolution requires a 15-foot setback from the
property line. The applicant
argued the location of a drainage
easement and some large trees restricted the placement of the pool.
After some discussion, the Board voted to approve the variance.
[Case
702] The applicant, Mike Martin requested a variance to permit the
construction of a detached garage within the
front yard setback of the
house. The zoning resolution requires detached structures to be
located in the
side or rear yard. The applicant argued the slope in
the rear yard restricted placement of the garage and
the side yards
were too narrow for the garage. After some discussion, the Board voted
to approve the
variance.
[Case 703] The applicants, Dale &
Patricia Valentine, requested a variance to permit the keeping of two
goats on their
property. Their house is located in a platted
subdivision zoned R-3 Residential and is .26 acres. The
zoning
resolution requires land to be zoned agriculture or be 5.0 acres or
greater in size in order to be
used for agricultural purposes. The
keeping of goats is an agricultural purpose. After the public hearing
and some discussion, the Board voted to deny the variance request.
The
Miami Township Board of Zoning Appeals met on Monday, November 1, 2004
and considered and took action on the following cases:
[Case 704] Applicant: Roberts Engineering for Tom Haines. The request is for a
conditional use that will permit the
operation of a youth golf
facility at 5914 Wolfpen Pleasant Hill Road. Any outdoor recreational
use requires
approval by the Board of Appeals. The proposed use will
consist of three golf tees and holes; a clubhouse
and maintenance
building. After some discussion the Board voted to approve the
conditional use.
[Case 705] Applicant: Roberts Engineering for Tom
Haines. The request is for a variance from the zoning standard that
requires all parking lots to setback a minimum of 15 feet from the
street right-of-way. The applicant is
requesting a variance to permit
his parking lot is setback 6 feet from the street right-of-way. This
request
is related to case 704 and the development of the youth golf
facility. The justification for the setback
variance was the desire to
keep and existing fence. After some discussion, the Board voted to
deny the
variance based on lack of a hardship.
[Case 706] Applicant:
Brian Wood. The request is for a variance from the zoning standard
that requires swimming
pools to be setback a minimum of 15 feet from a
property line. The applicant is requesting a 3-foot
variance to permit
the pool to setback 12 feet from the property line. The applicant has
an irregular shaped
rear yard with a lake occupying 25%of the rear
yard. After some discussion, the Board found there was a
hardship and
voted to approve the variance.
[Case 707] Applicant: Classic
Properties. The applicant is requesting a conditional use to construct
a single-family
subdivision with a lot size averaging 13,000 square
feet and no lot smaller than 12,800 square feet. The
applicant is
proposing 133 single-family homes on 67 acres. The property is zoned
R-2 Single Family
Residence. After public input and some discussion
the Board found the proposal met the criteria of the
conditional use
and voted to approve the request with 4 conditions. The conditions are
as follows:
1. All stormwater detention basins must be located on open
space lots. Stormwater detention
basins will not be permitted on home
sites. Stormwater management must be coordinated
with the property
owners to the west and south.
2. Sidewalk must be provided along the
entire property frontage of SR 131.
3. The minimum setback
requirements are modified as follows: Front yard setback – 40 feet;
side yard setback – opposite garage – 5 feet; other side yard –
10 feet; rear yard – 35 feet.
4. All homes will be constructed with
side entry garages. No two side entry garages can abut
one another.
The Miami Township Board of Zoning Appeals met on Monday, December 6,
2004 and considered and took action on the following cases:
[Case 708] Applicant: Zicka Walker Homes. The applicant is requesting a
7-foot setback variance for a rear deck on a
single-family home. The
Zoning Resolution requires a 35-foot rear yard setback. A portion of
the deck
would be setback 28 feet. Both the irregular shape of the lot
and the grade of the rear yard were factors
justifying the variance.
After some discussion, the BZA voted to approve the 7-foot variance.
[Case 709] Applicant: Anne McBride. The applicant, representing
Midland Atlantic Properties, requested a variance to
permit an
increase in the number of wall signs and a larger ground sign than is
permitted by the Zoning
Resolution. The variance was for a proposed
restaurant and proposed retail building to be located in front
of
Meijers on SR 28. After some discussion, the BZA voted to approve the
variance for the ground sign and
to deny the variance for the
additional wall signs.
[Case 710] Applicant: Anne McBride. The
applicant, representing Midland Atlantic Properties, requested a
variance to
reduce the size of the parking stalls and to reduce the
parking lot setback from the right-of-way. The
applicant requested a
reduction in the parking stall size from 10 x 20 feet to 9 x 18 feet
and requested a
reduction in the setback requirement from 15 feet to 3
feet. The variance was for a proposed restaurant
and proposed retail
building to be located in front of Meijers on SR 28. After some
discussion, the BZA
voted to approve a reduction in the parking stall
size to 9.5 x 18 feet and approved a setback variance of 3
feet for
the parking lot.
[Case 711] Applicant: Michael Belmont. The
applicant requested a variance to permit the construction of a picnic
shelter in the front yard. The applicant has a very deep lot with the
house constructed toward the rear of
the lot. The back yard is has a
very steep grade. After some discussion, the BZA voted to approve the
variance with a condition the picnic shelter was not more than 25 feet
in front of the existing garage.
[Case 712] Applicant: Ohio Valley
Voices. The applicant requested a conditional use to operate a private
school for
the deaf as a reuse of an existing church located at Branch
Hill Guinea Pike and Epworth Road. The BZA
found the proposed school
met the four conditions specified in the Zoning Resolution and
approved the
conditional use.
[Case 713} Applicant: Miami Towne
Center LLC. The applicant requested a variance to permit a reduction
in the size
of the parking stalls from 10 x 20 feet to 9 x 18 feet.
The variance was for a proposed retail center location
at the
intersection of Branch Hill Guinea Pike and Loveland Miamiville Road.
After some discussion, the
BZA voted to approve the variance request.
These meeting summaries have been placed
on the web for your convenience. These summaries are
not the official minutes of the Board of
Zoning Appeals. You may obtain a copy of the official minutes by
contacting the Community Development
Department at 248-3725 or 248-3731. If there is a discrepancy
between the official minutes and the
summaries that appear on this web site the official minutes will
control.
If you have questions or need additional information please contact
Larry Fronk, Community Development Director,
at 513-248-3725 or e-mail at Larry.Fronk@miamitwpoh.gov.
Board of
Appeals Case Decisions 2005 | Zoning
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