Board
of Appeals Case Decisions 2004 | Zoning
Board HOME
Zoning Board of Appeals | Decisions 2005
The Miami Township Board of Zoning Appeals met on Monday, December
5, 2005 and considered and took action on the following cases:
[Case 736] The applicant,
Brandicorp, was requesting a variance to permit 3 freestanding signs
for a retail
development to be located at 1073 SR 28. Only one freestanding sign is
permitted by the sign regulations.
The applicant was also requesting variances to increase the height of
the signs and the size of the sign
area. After a public hearing, the Board voted to continue the case
until January 9, 2006. The Board
requested a legal opinion on placing business identification signs on
easements off-site.
[Case 737[ The applicant,
Total Quality Logistics, requested a variance to permit 3 freestanding
signs. Only one
freestanding sign is permitted by the sign regulations. Each sign met
the standards for height and size.
After a public hearing the Board voted to deny the variance based on a
finding that three signs for one
business use was excessive and not within the intent of the
regulations.
The Miami Township Board of Zoning Appeals met on Monday, November 7,
2005 and considered and took action on the following cases:
[Case 731] Applicant - BP
Service Station. The applicant was requesting a variance to permit two
additional wall signs
on the building to advertise their new Wild Bean Café. Each sign was
14.8 square feet. After a public
hearing the Board voted to approve the variance request based on
finding the total square footage of
signage is less than permitted by code.
[Case 732] Pebble Brooke
Apartments. Pebble Brooke is requesting a variance to permit a 10-foot
high monument
sign at 80 square feet per face. The existing sign must be removed due
to the widening of SR 28. The
Zoning Resolution permits a 5-foot high monument sign. The BZA
expressed some concern relating to the
sign height. The applicant stated the design of the sign will change
and requested the hearing be
continued until December to finish the plan revisions. The Board voted
to continue the hearing until
December 5.
[Case 733] Blake Helms. The
applicant, on behalf of Faith Church, located on Price Road, requested
a variance to
permit a 30-foot pylon sign, 25 square feet per side. The Zoning
Resolution permits signs that are 5 feet
high and 25 square feet per side. The applicant argued due to a line
of trees in ODOT’s right-of-way, the
church had no visibility from I-275. The Board stated pole signs are
not permitted in an R-2 Single Family
Zoning District and the Board did not have authority to grant a
variance. The Board then voted to deny the
variance request.
[Case 734] Kroger. Kroger
requested a variance to permit a reduction in the size of a parking
stall from 10 x 20 feet to
9.5 x 19 feet. The proposed Kroger will be located at the intersection
of Loveland Miamiville Road and
Branch Hill Guinea Pike. The purpose of the smaller stalls was to
eliminate a row of parking and increase
the buffer between the proposed store and the single family residences
to the south. After a public hearing
the Board voted to approve the variance request.
[Case 735] Kroger. Kroger
requested a signage variance for adjustments to monument sign and wall
signs on their
proposed building. They are requesting additional numbers of signs,
additional height and additional
square footage. The proposed Kroger will be located at the
intersection of Loveland Miamiville Road and
Branch Hill Guinea Pike. Kroger requested two monument signs, four
wall signs on the front of the building
and one sign on the side of the building. After a public hearing the
Board voted to approve the variance
request.
The Miami Township Board of Zoning Appeals met on Monday, October 3,
2005 and considered and took action on the following cases:
[Case 728] Applicant –
Christy Riley, on behalf of Epiphany United Methodist Church. The
applicant was requesting a
conditional use for a soccer field to be located at the northeast
corner of the church property. Several
concerns were raised related to the proposed field during the public
hearing. The case was continued until
the October 3 meeting. The Board heard additional testimony relating
to this issue. After hearing from both
sides the Board voted to deny the conditional use.
[Case 729] Applicant –
Brad Brubaker on behalf of Domino’s Pizza. The applicant requested a
sign variance to permit
a 55.7 square foot freestanding pole sign. The pole sign will be 20
feet tall. The applicant also requested a
45 square foot wall sign. The property is located at 1126 SR 131.
After some discussion, the Board voted
to approve the variance for the wall sign. In lieu of a pylon sign the
applicant agreed to a monument sign at
50 square feet and 8 feet high.
[Case 730] Applicant –
Blake Helms on behalf of Faith Evangelical Free Church. The applicant
is requesting a
conditional use for the expansion of the church and parking lot. The
proposed building addition is
approximately 31,700 square feet. The property is located at 5910
Price Road. The Community
Development Director presented a report that stated the church met the
six conditions as listed in the
Zoning Resolution. After hearing comments during the public hearing
the Board voted to approve the
conditional use.
The Miami Township Board of Zoning Appeals met on Monday, September
12, 2005 and considered and took action on the following cases:
[Case 727] Applicant –
James Pottebaum. The applicant requested a variance to permit a 48
square foot freestanding
sign and a 120 square foot wall sign for a kennel. The kennel is
located on 7 acres in a R-2 Single Family
zoning district. The Community Development Director explained the
kennel was a legal agricultural use in
a residential zoning district. He further explained the definition of
structure in the zoning resolution
included signage. The Ohio Revised Code does not give Townships the
authority to regulate a structure
associated with an agricultural use. The applicant would be permitted
the signs and no variance was
required.
[Case 728] Applicant –
Christy Riley, on behalf of Epiphany United Methodist Church. The
applicant was requesting a
conditional use for a soccer field to be located at the northeast
corner of the church property. Several
concerns were raised related to the proposed field during the public
hearing. The case was continued until
the October 3 meeting to give the applicant an opportunity to address
the concerns.
The Miami Township Board of Zoning Appeals met on Monday, August 4,
2005 and considered and took action on the following cases:
[Case 726] Applicant,
Classic Properties. The applicant requested a conditional use for a 49
lot subdivision proposed
for a 25 acre site on Mt Zion Road. The lot sizes in the subdivision
range from 12,800 square feet to
24,333 square feet. The zoning resolution requires the subdivision to
meet five conditions to be approved.
These conditions relate to the street and layout, preservation of
physical features on the property and
compliance with county subdivision regulations. After a public hearing
the Board found the subdivision met
the conditions and approved the conditional use.
[Case 727] Applicant, James
Pottebaum. This case was continued to the September 12 meeting at the
request of the
applicant.
The Miami Township Board of Zoning Appeals met on Monday, July 11,
2005 to set two cases for public hearing. No action was taken.
The Miami Township Board of Zoning Appeals met on Monday, June 6,
2005 and considered and took action on the following case:
[Case 725] Applicant: Milford Towing and Service. The applicant
requested the expansion of a legal non-conforming
structure. Milford
Towing and Service owns a building at 799 US 50 that was constructed
before 1960 and
before the adoption of the Zoning Resolution. The
building does not comply with the current setback
regulations. The
applicant wants to add awnings to the building that will place the
overall structure closer
to US 50. After a public hearing the Board of
Zoning Appeals approved the expansion by adding an awning
to the front
of he building.
The Miami Township Board of Zoning Appeals met on Monday, May 2,
2005 and considered and took action on the following cases
[Case 724] Applicant: The Hutton Company, agent for Dollar
General Store. The Hutton Company requested a
variance to reduce the
parking lot setback from Lee Lavati Court from 15 feet to 5 feet. The
proposed
project, a Dollar General will be located on SR 131 at the
intersection with Lee Lavati Court. This is
approximately 650 feet
west of Wolfpen Pleasant Hill Road. During the review process before
the public
hearing, General Dollar revised their plan and increased
the setback to 10 feet. The BZA found the revised
request to be a
minimal variance and found it consistent with the intent of the Zoning
Resolution and other
development in the area. The BZA approved a
5-foot variance and permitted a 10-foot parking lot setback
from Lee
Lavati Court.
The Miami Township Board of Zoning Appeals met on Monday, April 4,
2005 and considered and took action on the following cases:
[Case 723] Applicant: Robert Gatch. Mr. Gatch requested a 108
square foot variance to increase the size of a
proposed garage from
900 square feet to 1008 square feet. The house currently had no
garage. The
applicant noted he would remove an existing shed after the
garage was complete. A 900 square foot
garage, plus the 160 square
foot shed would take up more of the back yard than the single new
garage.
After the public hearing, the Board voted to approve the
variance because the total square footage of
accessory buildings would
be less once the garage was built and the shed removed.
The Miami Township Board of Zoning Appeals met on Monday, March 7,
2005 and considered and took action on the following cases:
[Case 720] Applicant: M. Olaf Michelson. The applicant requested
a 7-foot variance to permit the construction of a
commercial storage
building 3 feet from the side and rear property lines for property
located at 5839 Cook
Road. He also requested a variance to permit
metal siding on the side and rear building elevations. After
some
discussion, the Board voted to approve the variance to permit the
metal siding and to deny the
setback variances.
[Case 721] Applicant: Zicka Walker Homes. The applicant requested
a 15-foot setback variance to permit the
construction of a deck that
will be 35 feet from the rear property line for property located at
1232
Ridgewood Court. The Board noted the applicant was aware of the
slope problems relating to this lot at
the time the subdivision was
platted. Concern about the slope and the ability to construct a home
on the
lot was expressed at that time. After some discussion, the
Board voted to deny the variance request.
[Case 722] Applicant: Neyer Properties. The applicant requested
two variances. The first variance was to permit three
monument signs
for their retail and office development. The second variance was a
request to reduce the
parking stall size from 10 x 20 feet to 9 x 18
feet. The property is located at 5872 Wolfpen Pleasant Hill
Road.
After some discussion, the Board voted to approve one center
identification sign and two directional
signs. The Board also approved
a variance to permit parking stalls at 9 x 19 feet.
The Miami Township Board of Zoning Appeals met on Monday, February
7, 2005 and considered and took action on the following cases:
[Case 719] Applicant: Nicholas Snider. The applicant is
requesting a variance to reduce the number of parking spaces
from 68
spaces to 63 spaces for a proposed retail building to be located on
Wolfpen Pleasant Hill Road
near SR 131. After some discussion, the BZA
voted to approve the variance request.
The Miami Township Board of Zoning Appeals met on Monday, January
3, 2005 and considered and took action on the following cases:
[Case 714] Applicant: Fred Boehl. The applicant requested a
variance to permit a detached garage in the front yard.
The applicant’s
lot is long a narrow and the rear yard has a steep slope. The house is
located toward the
rear of the lot. After some discussion, the BZA
voted to approve a variance to permit the garage 150 feet in
front of
the house.
[Case 715] Applicant: Anne McBride. The applicant, representing
Anchor Properties, requested a variance to
reallocate the square
footage of wall signs and increase the size of a freestanding sign for
a proposed
Walgreen’s to be located at the intersection of Branch
Hill Guinea Pike and Loveland Miamiville Road. The
freestanding sign
would be 114 square feet at a height of 25 feet. After some
discussion, the BZA voted to
approve the reallocation of square
footage on the wall signs and to modify the request for the
freestanding
sign to permit a 60 square foot monument sign at a height
not to exceed 13 feet.
[Case 716] Applicant: Anne McBride. The applicant, representing
Anchor Properties, requested a variance to
eliminate the five-foot
wide landscape area between the building and the sidewalk. This
landscape
requirement is under review by the Zoning Commission and
will be eliminated or modified. The applicant
stated the requirement
resulted in a hardship in the overall design of the project. After
some discussion,
the BZA voted to approve the variance request.
[Case 717] Applicant: Anne McBride. The applicant, representing
Anchor Properties, requested a variance to reduce
the number of
required parking spaces and to reduce the parking stall size from 10 x
20 feet to 9 x 20
feet. The applicant stated over 3,000 square feet of
the interior is pharmacy and not accessible by the
public and
therefore should not be included in the parking calculation. After
some discussion, the BZA
voted to approve the variance for the
reduction in the number of parking spaces and approved the reduction
in the size of the parking stalls.
[Case 718] Applicant: Roberts Engineering. The applicant,
representing the accounting firm Kamphaus, Henning &
Hood,
requested a variance to permit a 50-foot setback for a proposed office
building to be located on
Eastman Drive in the Park 50 TechneCenter.
The required setback is 75 feet. The applicant argued the
topography
of the site made grading for the parking lot difficult and found after
several attempts to design
the site to meet zoning setbacks it was not
possible without a variance. After some discussion, the BZA
agreed
with the applicant’s arguments and approved the variance for a 50
foot setback.
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 2004 | Zoning
Board HOME
