PUBLIC COMMENT: There was no public comment.

Transcription

1 Trustees Shyra Eichhorn Mike Gemper[ine Melanie Leneghan LIBERTY TOWNSHIP BOARD OF ZONING APPEALS Administrator Matt Huffman MEETING MINUTES July 10, 2018 Fire Chief Thomas O Brien Park & Road Ser4irperson Bryan Newell called the meeting to order at approximately 7:00 p.m. Andy Curmode Zoning Dept. MEMBERS PRESENT: Bryan Newell, Kelly Kammann, Becca Mount, Dana Costa and Tracey MullenhoLutch Knowlton OTHERS PRESENT: Tracey Mullenhour, Liberty Township Zoning Inspector; other attendees are listed on the attached sign-in sheets. PURPOSE: The purpose of the meeting is: Fiscal Of&er Nancy Denutte sign 1. DPV #18-14 submitted by Edward Arndt on behalf of Powell Plaza Holdings, LLC requesting to amend the Wedgewood Commerce Center Development Plan as it applies to the property located at 9965 Sawmill Parkway, Powell, OH (aka Lot 2960 Wedgewood Commerce Center) for modifications to the monument for their new tenant, Aldi. This acre Planned Commercial (PC) zoned property is located in Range 19, Township 3, Section 3, Liberty Township, Delaware County, OH. 2. BZA #18-15 submitted by Jason Toombs for his property located at 2570 Clark Shaw Road, Powell, OH (aka Lot 2321 Hyreland subdivision) requesting a larger accessory building than what the Zoning Resolution allows under Section 8.07.F.2. This acre Farm Residence (FR-i) zoned property is located in Range 19, Township 4, Section 3, Liberty Township, Delaware County, OH. 3. DPV #18-15 submitted by Kirk Denyes on behalf of Dogwood Enterprises Limited Partnership for the property located at Olentangy River Road, Powell, OH requesting approval for an offsite subdivision sales sign. This acre Planned Elderly or Retirement Residential Community (PERRC) zoned property is located in Range 19, Township 3, Section 3, Liberty Township, Delaware County, OH. 4. Approval of Minutes 5. Other Business Board of Zoning Appeals Chair Bryan Newell called the meeting to order and swore in members of the audience. Liberty Township Board of Zoning Appeals, July 10, 2018 A nice place to live!! Pag1:c5f

2 PURPOSE: 1. DPV #18-14 submitted by Edward Arndt on behalf of Powell Plaza Holdings, LLC requesting to amend the Wedgewood Commerce Center Development Plan as it applies to the property located at 9965 Sawmill Parkway, Powell, OH (aka Lot 2960 Wedgewood Commerce Center) for modifications to the monument sign for their new tenant, Aldi. This acre Planned Commercial (PC) zoned property is located in Range 19, Township 3, Section 3, Liberty Township, Delaware County, OH. No members of the Board of Zoning Appeals recused themselves from this hearing. ZONING REPORT: Zoning Inspector Tracey Mullenhour presented the Staff Report, a copy of which is attached hereto and made a permanent part of the record. APPLICANT PRESENTATION: Mr. Stan Young, Branham Sign Company, 127 Cypress Street, Reynoldsburg, approached on behalf of the applicant. Mr. Young explained that the applicant received approval in March, 2018 from the Zoning Commission for a 49.2 square foot sign which is the same size as the proposed sign; the difference in this proposal is the base height and width, as well as the offset sign. Mr. Young explained that this particular proposed signage is going to be what every new Aldi store will feature as the entry ground sign. The Powell location was chosen because of its high visibility. Mr. Young stated the same setbacks will be maintained while the height is slightly excessive and the base is wider. PUBLIC COMMENT: There was no public comment. BOARD DISCUSSION: Board of Zoning Appeals Member Bryan Newell noted that this proposed sign is nothing like any other signs in the area or in this development. The other signs have architectural features and this sign is more of a brick wall. Mr. Newell asked what the advantages of this sign set-up are and why the original request was changed. Mr. Young responded that Aldi is constantly looking to change and upgrade. Their logo recently changed and they wanted an entry sign which would capture attention. Mr. Young agreed that this is not the typical monument sign. This design is different without being obtrusive. Mr. Young stated that they are willing to modify this design slightly, the height could be reduced to 12 and the base would be 46. Mr. Newell stated that as this is a high visibility location, the sign seems to be out of character. Board of Zoning Appeals Member Kelly Kammann stated that he is concerned with the sign height relative to the closeness to the right-of-way and is concerned with the sign footprint. Mr. Kammann noted that the Drug Mart sign was about 45 square feet; the request today is approximately 117 square feet. Mr. Kammann stated that the sign itself is not an issue, but the footprint is a concern. Mr. Young stated that the more traditional monument sign, as shown the design sheet, was replaced with the newer look and logo. Mr. Newell agreed that he does not have an issue with the sign itself, but is concerned with the brick wall. Board of Zoning Appeals Becca Mount stated that she is disappointed this proposal was not ready to go before the original meeting with the Zoning Commission; she noted that the BZA is now being requested to go against what the Zoning Commission approved in March, Mrs. Mount explained that everything in this corridor has a traditional feel and this Liberty Township Board of Zoning Appeals, July 10, 2018 Page 2 of 7

3 sign does not. Mrs. Mount stated that this sign appears to be a giant brick wall and she is not comfortable with the BZA considering this after the Zoning Commission approval. Mr. Newell stated that the sign in the middle of the design sheet was approved by the Zoning Commission in March, Mr. Kammann asked what stylistic elements of the new design are most critical to the applicant. Mr. Young replied that the important elements are the projection of the sign away from the brick wall and the diverse look; he acknowledged there is a lot of brick around the logo. Mr. Newell stated that while he is not necessarily opposed to the brick; however, this design has too much brick. Mrs. Mount stated that she would still have to see a revised drawing before considering this application. Board of Zoning Appeals Member Dana Costa stated that he believes that since the BZA has given direction to the applicant, Aldi may now come up with a new drawing of a sign. Mr. Young stated that this sign will be internally lit. Board of Zoning Appeals Butch Knowlton stated that if the BZA approved this, it would be the biggest sign in Liberty Township. Mr. Young explained that Aldi wants to be a good neighbor and he would like to come back with a proposal with which the BZA is more comfortable. Mr. Kammann noted that the monument aspect of the approved sign was approximately 15 1/2 square feet and the monument aspect of the new proposal is approximately 67 square feet. The applicant requests the application be tabled. MOTION: Liberty Township Board of Zoning Appeals Member Butch Knowlton motioned to table DPV #18-14 to August 28, 2018 with the location of the hearing to be at the Township Hall, 7761 Liberty Road, Powell, OH. Liberty Township Board of Zoning Appeals Member Kammann seconded the motion. The roll call vote was as follows: Mr. Newell - Yes, Mr. Kammann - Yes, Mrs. Mount - Yes, Mr. Costa - Yes and Mr. Knowlton - Yes. The motion passes with 5 - Yes and 0 - No votes. This portion of the meeting concluded at 7:30 p.m. PURPOSE: 2. BZA #18-15 submitted by Jason Toombs for his property located at 2570 Clark-Shaw Road, Powell, OH (aka Lot 2321 Hyreland subdivision) requesting a larger accessory building than what the Zoning Resolution allows under Section 8.07.F.2. This acre Farm Residence (FR-i) zoned property is located in Range 19, Township 4, Section 3, Liberty Township, Delaware County, OH. No members recused themselves from this application. ZONING REPORT: Zoning Inspector Tracey Mullenhour presented the Staff Report, a copy of which is attached hereto and made a permanent part of the record. APPLICANT PRESENTATION: Mr. Robert Toombs, 4219 Clark-Shaw Road, approached on behalf of the applicant. Mr. Toombs explained that this request is to build a larger garage to house a racecar, trailer, and two trucks as well as leaving enough room for maintenance work. Mr. Toombs explained this would match the existing structure and believes it will not deter from the neighborhood as everything will be housed inside instead of outside. Board of Zoning Liberty Township Board of Zoning Appeals, July 10, 2016 Page 3 of 7

4 Appeals Member Bryan Newell asked if there will be sewer connected to the building and if anyone will be living in the building. Board of Zoning Appeals Member Kelly Kammann asked if there will be water and electric. Board of Zoning Appeals Member Becca Mount asked if there will be only one racecar. Mr. Toombs responded there will be no sewer or water, there will be electric, will house only one racecar and will only be used for maintenance on the one racecar. PUBLIC COMMENT: Mr. David Baldinger, 2560 Clark-Shaw Road, approached and stated that he is the neighbor to this property and has no issues with the application. Mrs. Mount asked if the applicant would give permission to the Zoning Staff to conduct an on-site inspection. Mr. Toombs agreed to give this permission. MOTION: Liberty Township Board of Zoning Appeals Member Becca Mount motioned to approve BZA #18-15 submitted by Jason Toombs for his property located at 2570 Clark-Shaw Road, Powell, OH (aka Lot 2321 Hyreland subdivision) requesting a larger accessory building than what the Zoning Resolution allows under Section 8.07.F.2. This is acres. FINDINGS OF FACT: #1 Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance - Mrs. Mount stated she believes a reasonable return could be possible but as this is a hobby which requires a garage, she believes this is warranted. #2 Whether the variance is substantial - Mrs. Mount stated no. #3 Whether the essential character of the neighborhood would be substantially altered, or whether adjoining properties would suffer a substantial detriment as a result of the variance - Mrs. Mount stated no and noted that a neighbor came forward in support of the application. #4 Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage) - Mrs. Mount stated no. #5 Whether the property owner purchased the property with knowledge of the zoning restriction - Mrs. Mount stated this was not discussed. #6 Whether the property owner s predicament feasibly can be obviated through some method other than a variance - Mrs. Mount stated no. #7 Whether the spirit and intent behind the zoning requirement would be required to be observed and substantial justice done by granting the variance - Mrs. Mount stated yes. Liberty Township Board of Zoning Appeals Member Butch Knowlton seconded the motion. The roll call vote was as follows: Mr. Kammann - Yes, Mrs. Mount - Yes, Mr. Costa - Yes, Mr. Knowlton - Yes and Mr. Newell - Yes. The motion passes with 5 - Yes and 0 - No votes. This portion of the meeting concluded at 7:40 p.m. Liberty Township Board of Zoning Appeals, July 10, 2018 Page 4 of 7

5 PURPOSE: 3. DPV #18-15 submitted by Kirk Denyes on behalf of Dogwood Enterprises Limited Partnership for the property located at Olentangy River Road, Powell, OH requesting approval for an offsite subdivision sales sign. This 8046-acre Planned Elderly or Retirement Residential Community (PERRC) zoned property is located in Range 19, Township 3, Section 3, Liberty Township, Delaware County, OH. No members recused themselves from this application. ZONING REPORT: Zoning nspectortracey Mullenhour presented the Staff Report, a copy of which is attached hereto and made a permanent part of the record. APPLICANT PRESENTATION: Mr. Kirk Denyes, Buckingham Place, Powell, approached and explained that the variance is necessary to advertise the subdivision. Board of Zoning Appeals Member Kelly Kammann asked for the distance between the closest part of the community and this sign. Mr. Denyes replied approximately feet. Mr. Kammann noted that this request would be similar to putting a sign at the entrance of the neighborhood. Board of Zoning Appeals Dana Costa stated that the proposed sign is not a neighborhood entrance sign; this is more of a billboard. PUBLIC COMMENT: There were no public comments. BOARD DISCUSSION: Board of Zoning Appeals Member Kelly Kammann asked if the Board has issues with the location of the sign. Mrs. Mount stated that as this is in the Olentangy Heritage Corridor and is a very large sign; the signs in this corridor are actual entry signs to subdivisions, which have been incorporated into the development plans. Mr. Kammann stated the two issues are if the Board is in favor of the actual sign and if the Board is alright with the location of the sign. Mrs. Mount stated there are other issues, which must be resolved before the Board can even consider if the sign is allowed to be there, as the property does not belong to the applicant. Board of Zoning Appeals Member Butch Knowlton noted this is a 4 x 8 sign, which is very large. Mr. Kammann asked if the Board has issues with the location. Mr. Kammann stated that he believes this sign is very close to the property in which it is advertising. Mrs. Mount disagreed and stated that you would have to go about 1/2 mile up the hill to get to the property, so the sign is not close at all. Mr. Kammann stated the front of the neighborhood is about 100 yards from this sign. Mrs. Mount stated that the BZA will be setting a precedent by allowing a sign on a property it is not advertising. Mr. Kammann stated that he does see this as an issue. Mr. Denyes stated that this is a temporary sign and there is a permanent sign at the top of the hill as an entry feature. Mr. Kammann stated that he is not sure if it matters what the sign looks like if the Board is conceptually not okay with the location of the sign. Mrs. Mount commented that a business may want to put a sign in this location to direct traffic up the hill. Mr. Knowlton stated that he does not have an issue with the location, but does have a concern with the size. Mr. Denyes stated the signs will be parallel to the road Liberty Township Board of Zoning Appeals, July 10, 2018 Page 5 of 7

6 and are single sided. Mrs. Mount asked why this is not considered a billboard under the definition in the code. Mr. Kammann stated he believes this is a billboard and believes billboards are not allowed on this type of property. Mrs. Mount stated this is a PERRC district. Mr. Kammann stated that size is irrelevant. Mr. Newell stated that if this is classified as a billboard, it meets the size requirements but does not meet the distance from the residential property, so a variance is needed. Additionally, there are side lot lines, which need to be researched. Mr. Kammann asked if this could be allowed with some parameters, which would prevent setting a precedent. Mr. Costa stated that he is not interested in allowing a billboard in this location. Mr. Newell stated that this type of development sells because of the exclusivity of the property and this sign would defeat that purpose; he does not believe the BZA should sacrifice the code. Mr. Knowlton stated that if the Board is able to assist a builder in selling properties in this area, then he is in favor of this temporary sign. Mr. Kammann asked if a condo community is allowed to put up a similar sign to what is requested. Mrs. Mullenhour replied yes. Mrs. Mount stated that these are high-end homes that you would have seen advertised somewhere in order to know they are there. Mr. Knowlton stated that Mrs. Mount cannot apply her thought process to everyone else. Mrs. Mount quoted Section of the Zoning Code regarding signage,... it is intended to enhance and protect the physical appearance and preserve the scenic and natural beauty of the Township; reduce sign distraction and obstructions that may contribute to traffic or pedestrian accidents... Mrs. Mount noted that SR315 is a high traffic area, this sign would not be on their own property and this would set a precedent. MOTION: Liberty Township Board of Zoning Appeals Member Kelly Kammann motioned to deny DPV #18-15 submitted by Kirk Denyes on behalf of Dogwood Enterprises Limited Partnership for the property located at Olentangy River Road, Powell, OH Mr. Kammann does believe this qualifies as a billboard because the property it resides on is not the property it is advertising, it is in the historic corridor and the Township does not allow billboards in this type of district. Liberty Township Board of Zoning Appeals Member Becca Mount seconded the motion. The roll call vote was as follows: Mrs. Mount - Yes, Mr. Costa - Yes, Mr. Knowlton - No, Mr. Newell - Yes and Mr. Kammann - Yes. The motion passes with 4 - Yes and 1 - No votes. The application is denied. This portion of the meeting concluded at 8:12 p.m. 4. MINUTES There are no minutes to approve. 5. OTHER BUSINESS Mrs. Mullenhour informed the Board that she is in receipt of a letter from the attorney of Mr. Alex Dorsey (Secretary s Note: This is relative to BZA #18-12, for an expanded home occupation which was tabled during the June 5, 2018 BZA meeting). The attorney informed Mrs. Mullenhour that Mr. Dorsey is withdrawing their application as they are no longer engaged in the home occupation. Liberty Township Board of Zoning Appeals, July 10, 2018 Page 6 of 7

7 6. ADJOURNMENT Liberty Township Board of Zoning Appeals Member Becca Mount motioned to adjourn the July 10, 2018 Board of Zoning Appeals meeting. All say aye. The meeting was adjourned at 8:15 p.m. Respectfully Submitted: Liberty Township Board of Zoning Appeals By: (u?&& Cathy - Bue?Jer for the Zoning Secretary Date And: Board ozoning Appeals Chair, Bryan Newell / Date Liberty Township Board of Zoning Appeals, July 10, 2018 Page 7 of 7