CITY OF MADEIRA

BOARD OF ZONING APPEALS AGENDA

March 2, 2020 at 7:00 P.M.

This regular meeting of the Board of Zoning Appeals is subject to Section 121.22 of the Ohio Revised Code, which is otherwise referred to as Ohio’s Open Meetings Act. Because some applications are “quasi-judicial” in nature, the Board of Zoning Appeals is authorized by Ohio law to adjourn the meeting for the purpose of deliberating the merits of such applications (See, TBC Westlake v. Hamilton County Bd. of Revision, 81 Ohio St.3d 58; State ex rel. Ross v. Crawford County Bd. of Elections, 125 Ohio St.3d 438; Pennell v. Brown Twp., 2016-Ohio-2652; Wightman v. Ohio Real Estate Comm’n, 2017-Ohio-756; State ex rel. Eaton v. Erie County Bd. of Elections, 2006-Ohio-966; Beachland Enters. v. City of Cleveland Bd. of Review, 2013-Ohio-5585). If the Board of Zoning Appeals elects to do so, it will temporarily adjourn the meeting after all of the Public Hearings have concluded. Then, upon completion of deliberations, the Board of Zoning Appeals will resume the meeting to discuss the application(s), vote on the same, and address any items remaining on the agenda. The Board of Zoning Appeals may delay voting on (or “table”) an applicant’s request if it determines additional information from the applicant or the administrative staff is necessary. While the applicant is not required to be present when the vote is taken, the applicant may stay in the chambers during deliberations and the meeting, once resumed, will remain open to the public. All of the Board of Zoning Appeals decisions will become final as soon as the Board (i) votes to approve the meeting minutes for the subject meeting where an application was orally voted upon, (ii) the Board votes in favor of a resolution related to an applicant’s request, or (iii) administrative staff issues written correspondence indicating whether the application was approved or denied.

I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. REVIEW OF MEETING PROCESS and PROCEDURE V. ACCEPTANCE OF AGENDA VI. CORRESPONDENCE

• None VII. GUESTS AND REGISTERED VISITORS

• None VIII. SWEARING-IN OF WITNESSES

IX. HEARINGS ON APPLICATIONS

Public Hearing No. 1, Case BZA-20-003 Address: 7600 Miami Avenue Applicant: Robert W. and Andrea M. Maxwell Owner: Same Request: Sect. 150.23 – RESIDENCE ZONE FENCING - Fence Exceeding 25% Density & Extending

into the Required Front Yard Setback

Continued on back >

X. ADJOURN FOR DELIBERATION OF CASES XI. RECONVENE FOR DECISION ON CASES XII. NEW BUSINESS

• 2019 BZA Statistics XIII. OLD BUSINESS

• None XIV. ACCEPTANCE OF MINUTES

• February 3, 2020 XV. ADJOURNMENT

BOARD OF ZONING APPEALS STAFF REPORT Public Hearing Number: 1 Case Number: BZA-20-003 Address: 7600 Miami Avenue Applicant: Robert W. and Andrea M. Maxwell Property Owner: Same Zone: Residence A Request: Fence Exceeding 25% Density & Extending into Required Front Yard Setback Code Section: 150.23 – RESIDENCE ZONE FENCING Legal Notice: City of Madeira website – 2/21/2020 Meeting Date: March 2, 2020

Overview: The Applicant has requested to install a Kentucky 3-Board style fence on the property. Because the house is on a corner lot, the proposed fence would be located in the required front yard setback (50’ in Residence A) on the Locust Lane side. Additionally, the requested fence will have a density of 37.5%, exceeded the required 25% density in front and side yards. Section 150.23 of the Zoning Code requires that fences in the front and side yard “shall be no more than four feet high or occupy more than one-fourth of the air space through which it passes”. The proposed fence will be located within the property boundaries and out of the right-of-way on Locust. A survey of the property is not required because the request is not dimensional in nature. Location and fence design details can be found in the attached application. Property History: There are no previous zoning requests on file for this property. Abutting Property Uses: The properties to the North, South and West are zoned Residence A. The property to the East is zoned Residence B. All of the surrounding properties are used as single family residential. Public Comment: None to date.

City of Madeira

Memo To: Board of Zoning Appeals

From: Lori Thompson, Assistant City Manager

cc: Tom Moeller, City Manager

Date: February 17, 2020

Re: 2019 Variance Statistics

Below please find a summary of the types of cases, and the Board’s actions, for 2019. These statistics are kept in order to determine patterns in variance requests and to help identify areas of the Zoning Code that may need further review and/or modification.

Case Number Statistics:

Lot setback requirements represent the majority of the requested variances that the BZA reviewed in 2019, with fences, non-conforming lots and sign variances all coming in at 5 cases each.

Setback (all types); 12

Non Conforming Lot; 5

Sign variance; 5

Accessory structure; 3

Lot coverage %; 1

Fence; 5

2019 BZA Case Types

2

Board Action Summary:

The BZA heard a total of 29 cases in 2019. Twenty-four of those cases were approved, for an 83% approval percentage. Two cases were denied for a 7% rate, and three cases were withdrawn for a 10% rate.

Approved: 24

Denied: 2

Tabled/Withdrawn: 3

2019 - BZA Action Summary

These minutes have not been approved by the City of Madeira Board of Zoning Appeals. Drafts of minutes have not yet been reviewed or corrected. Amendments may be made before a final approved version of the minutes is available. While comments are welcomed, we do not engage in changing or revising drafts of minutes until directed by a majority of the members of the Board of Zoning Appeals at a public meeting. The City of Madeira makes no warranty, expressed or implied, concerning the accuracy, completeness, reliability or suitability of these minutes until they are approved by the Madeira Board of Zoning Appeals.

MADEIRA BOARD OF ZONING APPEALS REGULAR MEETING MINUTES

FEBRUARY 3, 2020

I. CALL TO ORDER

The meeting was called to order by Mr. Karoly at 7:00 p.m.

II. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mr. Karoly.

III. ROLL CALL

A. Members present: Members absent: Steve Karoly, Chair Kent Lutz

James Curee Christopher O’Malley Grant Wenstrup

B. Officials/Staff present: Officials/Staff absent: Tom Moeller, City Manager Brian Fox, Law Director David Ballweg, ARO/Building Department

IV. REVIEW OF MEETING PROCESS AND PROCEDURES

Mr. Karoly reviewed the process for hearings and deciding upon cases.

V. ACCEPTANCE OF AGENDA Motion to accept the agenda made by Mr. Karoly, second by Mr. O’Malley. Motion passed by 4-0-1 roll call vote.

VI. CORRESPONDENCE

None

VII. GUESTS AND REGISTERED VISITORS None

VIII. HEARINGS ON APPLICATIONS

A. Public Hearing No. 1, Case BZA-20-002

Madeira Board of Zoning Appeals Regular Meeting Minutes February 3, 2020 Page 2 of 3

Address: 6814 Dawson Road Applicant: Charles Brown Owner: AS Capital LLC Request: Request for a front yard setback variance for construction on an existing legal nonconforming lot

• Mr. Karoly opened the public hearing at 7:03 p.m. • Mr. Moeller reviewed the staff report and noted the proposed porch, on the Rose

Crest side, would not encroach any farther into the setback than the existing home. There has been no public comment to date.

• Mr. Ballweg said that he has requested additional information from the applicant; the applicant has not yet received the information from his architect.

• Charles Brown, 555 Blackhawk Trail, Loveland, was administered the oath and presented photos and drawings of the project details. He said the current stoop, which encroaches even farther into the setback, would be removed. He said he is unsure yet if the garage will be repaired, torn down, or rebuilt elsewhere on the property.

• Mr. Karoly closed the public hearing at 7:14 p.m.

Motion to deliberate the case in chambers made by Mr. Karoly, second by Mr. Curee. Motion passed by 4-0-1 roll call vote.

• Mr. Karoly said he would agree to the request as long as the applicant continues to

work with the ARO to keep the house in character with the neighborhood. • Motion to approve Case BZA-20-002 on the condition of approval of final plans by

the ARO made by Mr. Wenstrup, second by Mr. Karoly. • Mr. Karoly reviewed the variance request worksheet.

Motion to approve Case BZA-20-002 on the condition of approval of final plans by the ARO passed by 4-0-1 roll call vote.

Steve Karoly yes James Curee yes Kent Lutz absent Christopher O’Malley yes Grant Wenstrup yes

IX. NEW BUSINESS

None

X. OLD BUSINESS

None

XI. ACCEPTANCE OF MINUTES

Madeira Board of Zoning Appeals Regular Meeting Minutes February 3, 2020 Page 3 of 3

Motion to approve the January 6, 2020 minutes made by Mr. O’Malley, second by Mr. Wenstrup. Motion approved by 4-0-1 roll call vote.

XII. ADJOURNMENT

Motion made by Mr. Wenstrup, second by Mr. Karoly, to adjourn the meeting at 7:20 p.m. Motion approved by 4-0-1 roll call vote.

_______________________________ _______________________________ Steve Karoly Tom Moeller Board of Zoning Appeals, Chair City Manager