Zoning Board of Adjustments Minutes - 03/16/2011MINUTES
BOARD OF ADJUSTMENT
March 16, 2011
PRESENT:
Elvin Dudley, Acting Chairman 0 Members
Jerry Beavers 0
Jose Garcia 0
Kerry J. Maroney 0
Chad Hughes 0 Alternate #1
David Lane 0 Alternate #2
Paul Walmsley 0 Alternate #4
Miles Risley, City Attorney 0 Legal Dept.
Norm Standerfer, Director of Community Development 0 city staff
Leo Bethge, Planner II RECEIVED n\- 0
Diane Parker CITY CLERK'S OFFIC F 0
DATE: (0 —( S l I
ABSENT: BY: a 1'IME: LIN
Dustin Nimz 0 Members
Dara Forbes 0 Alternate #3
I. CALL TO ORDER
Chairman Dudley called the meeting to order at 1:40 p.m. It was noted for the minutes
that Chad Hughes, Alternate #1, was sitting in the place of an absent regular member.
II. REGULAR AGENDA
1. Case V 11 -04
Request for a variance to reduce the side setback from 25 feet to 21 feet to
accommodate an accessory building
2805 York Street
The Highland Heights Baptist Church, applicant, is requesting a variance from the
Subdivision Ordinance to reduce the side yard setback for a lot within a Limited
Commercial District (LC) from 25 feet to 21 feet. This lot is currently used for church
parking. The church is located at 3003 York Street. They are proposing to construct a
new building, 24' x 30', on this lot for parking and storage of their church bus. LC
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zoning allows for non - residential uses; however, the setback along Hayes Street should
be 25 feet.
Mr. Bethge stated that eighteen (18) surrounding property owners were notified of this
request. No (0) responses were received.
Qualifying Criteria:
a. The applicant stated this 50' x 150' lot was residential but had been
rezoned to Limited Commercial.
Staff believes a special circumstance exists for the permitted non-
residential use of a bus barn.
b. The applicant explained the west side of Hayes is zoned residential with
15 foot side setbacks. Limited Commercial requires a side setback of 25 feet for
commercial uses.
Staff noted a special condition may exist because a 25 foot setback would
utilize half the lot thus limiting development.
C. The applicant noted this block on Hayes has no commercial development;
the west side of Hayes is residential.
Staff commented this area was zoned after development which included a
mixture of residential and commercial uses. Many of the commercial lots do not
conform to the 25 feet side yard setback as noted by the lot immediately south, 2608
Grant Street.
d. The applicant noted this is currently a parking lot for the church.
Vandalism and damages to the bus caused the church to pursue constructing a garage
on this property.
Staff felt an accessory building for the church would be compatible with
the surrounding neighborhood since there is another accessory building in the same
block.
Mr. Frank Smith from the church was present and available to answer questions.
A motion to accept the Qualifying Criteria was made; Mr. Garcia seconded. The vote
was five (5) in favor and none (0) opposed in favor of acceptance. Alternates Lane and
Walmsley did not participate in the voting.
Evaluation Criteria:
Mr. Bethge reviewed the Evaluation Criteria with the Board. In summary, this variance
would provide protection and safety for the church vehicles as well as being
harmonious with the ordinance and surrounding neighborhood.
Mr. Hughes made a motion to grant the variance; Mr. Beaver seconded. The vote was
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unanimous in favor. Alternates Lane and Walmsley did not participate in the voting.
IV. Adjourn
The meeting adjourned at 1:52 p.m.
Dustin Nimz, Chairman
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