150 South Front Street, FSL Suite 10 Columbus, Ohio 43215-7104

Tel: 614-525-3094 Fax: 614-525-7155 Development.FranklinCountyOhio.gov

Franklin County Board of Zoning Appeals

Zoom Conference Meeting (To participate: (929) 436-2866; Meeting ID: 626 133 6620)

Monday, June 15, 2020 1:30 p.m.

1. Call roll for board members

2. Introduction of staff

3. Swearing in of witnesses

4. Approval of minutes from the April 20, 2020 meeting

5. New Business:

i. VA-3965 – Brad Fisher

Owner: Applicant:

DRCS 1566, LLC. Advanced Civil Design, Inc.

Township: Hamilton Township Site: 7404 Richenbacker Parkway West (PID #150-002709) Acreage: 25.160-acres Utilities: Public water and wastewater Zoning: General Industrial District (GI) Request: Requesting a Variance from Sections 501.012 and 501.024(b) of the

Franklin County Zoning Resolution to allow the site to not meet fence height or fence material requirements in an area zoned General Industrial (GI).

*Swear in witnesses as needed

ii. VA-3966 – Brad Fisher Owner: Applicant:

Jason Kobel Shawn McNeil

Township: Norwich Township Site: 3414 Fishinger Rd. (PID #200-001235) Acreage: 0.9986-acres Utilities: Private water and wastewater Zoning: Restricted Suburban Residential District (R-1) Request: Requesting a Variance from Sections 512.02(2) and 512.02(2(a)) of the

Franklin County Zoning Resolution to allow the construction of an accessory building that would exceed the maximum permitted size and not meet the principal structure setback in an area zoned Restricted Suburban Residential (R-1).

*Swear in witnesses as needed

6. Adjournment of Meeting to July 20, 2020

150 South Front Street, FSL Suite 10 Columbus, Ohio 43215-7104

Tel: 614-525-3094 Fax: 614-525-7155 Development.FranklinCountyOhio.Gov

MINUTES OF THE

FRANKLIN COUNTY BOARD OF ZONING APPEALS

Monday April 20, 2020

The Franklin County Board of Zoning Appeals convened on the 26th floor, Franklin County Courthouse, 373 South High Street, Columbus, Ohio, 43215, on Monday April 20, 2020. Present were: Christopher Baer, Chairperson Paula Armentrout Tim Guyton Nancy Hunter Joe Martin Franklin County Economic Planning and Development Department: Jenny Snapp, Assistant Director Matt Brown, Planning Administrator Brad Fisher, Planner Also present: Mark Elkins Jay Pearson Mike Pittenger Chairperson Baer opened the meeting. The first item of business being the roll call of members, the introduction of Staff. The next item of business was the approval of the minutes from the March 16, 2020, meeting. Ms. Hunter made a motion to approve the minutes of the March 16, 2020, meeting. It was seconded by Mr. Guyton. The motion was approved by a vote of three yeses, zero noes and two abstentions. OLD BUSINESS: The next order of business being Case No. VA-3962. A motion was made by Chairperson Baer to remove the variance application from the table. It was seconded by Mr. Martin. The motion was approved by a five-to-zero vote. The owners/applicants are Bruce and Jeannette Bays. The applicants requested to withdraw the variance application via e-mail, dated April 13, 2020, to Brad Fisher. Mr. Fisher read the e-mail into the record. Chairperson Baer made a motion to accept the applicant's withdrawal of Case No. VA-3962. It was seconded by Ms. Armentrout. The motion was approved by a five-to-zero vote.

NEW BUSINESS: The next order of business being Case No. VA-3963. The owner/applicant is Michael Pittenger. The site is located in Norwich Township, at 3784 Ridgewood Drive. It is 0.280 acres in size and is served by public water and sewer. It is zoned Suburban Residential. The applicant is requesting a variance from Section 308.042 of the Franklin County Zoning Resolution to allow the construction of a room addition that would cause the site to exceed the maximum lot coverage in an area zoned Suburban Residential. Mr. Fisher read and presented the case to the Franklin County Board of Zoning Appeals. Mr. Pittenger addressed the Board and requested approval of the variance. Ms. Armentrout made a motion to approve Variance Case No. VA-3963, with Staff's conditions. It was seconded by Mr. Martin. The motion was approved by a five-to-zero vote. The next order of business being Case No. VA-3964. The owners/applicants are Joseph and Lori Ann Pearson. The site is located in Brown Township, at 7525 Hayden Run Road. It is 2.502 acres in size and is served by private water and wastewater. It is zoned Rural. The applicant is requesting a variance from Section 512.02(2)(a) of the Franklin County Zoning Resolution to allow the construction of an accessory building that would not be located to the side or rear of the principal structure in an area zoned Rural. Mr. Fisher read and presented the case to the Franklin County Board of Zoning Appeals. Mr. Pearson addressed the Board and requested approval of the variance. Ms. Hunter made a motion to approve Variance Case No. VA-3964, with Staff's conditions. It was seconded by Mr. Martin. The motion was approved by a five-to-zero vote. There being no further business coming before the Franklin County Board of Zoning Appeals, Chairperson Baer adjourned the hearing. The hearing was adjourned at 2:00 p.m.

Signature Minutes of the April 20, 2020, Franklin County Board of Zoning Appeals hearing were approved this 15th day of June, 2020

150 South Front Street, FSL Suite 10 Columbus, Ohio 43215-7104 Tel: 614-525-3094 Fax: 614-525-7155 Development.FranklinCountyOhio.gov

STAFF REPORT Board of Zoning Appeals

June 15, 2020

Case: VA-3965 Prepared by: Brad Fisher

Summary Requesting a Variance from Sections 501.012 and 501.024(b) of the Franklin County Zoning Resolution to allow the site to not meet fence height or fence material requirements in an area zoned General Industrial (GI). The request meets the criteria necessary for granting a variance. Staff recommends conditional approval. Description of the Request The subject site is located on the northwest side of the intersection of Rail Court South and Rickenbacker Parkway in Hamilton Township. The site is proposed to include a 357,504 square foot warehouse with truck loading and parking areas. The proposed eight (8) foot tall fencing would be located on a portion of the eastern side of the proposed building and all of the north, west and south sides of the building. The fence is intended to secure loading docks and trucks that would be stored on the north and south side of the warehouse. Background The Zoning Compliance for the proposed warehousing use was approved in May of 2020. All other development standards have been met. Surrounding Land Use and Zoning The subject site is located in the southern part of the County in unincorporated Hamilton Township. The use, and most neighboring uses, are in service of the Rickenbacker International Airport; however, some residential uses exist to the north and southwest. The uses that service the airport are primarily industrial and warehousing.

Comprehensive Plan The subject site is located in the planning area of the South Central Accord. This plan was originally adopted by the County Commissioner’s in 1997 but was amended in 2000 and again in 2004. The

Owner/Applicant: Agent: Township:

DRCS 1566, LLC Advanced Civil Design, Inc. – James Whitacre Hamilton Township

Site: Acreage: Zoning:

7404 Rickenbacker Parkway West (PID #150-002709 and 150-002710) 25.16-acres General Industrial (GI)

Utilities: Public water and wastewater Request: Requesting a Variance from Sections 501.012 and 501.024(b) of the

Franklin County Zoning Resolution to allow the site to not meet fence height or fence material requirements in an area zoned General Industrial.

Accord’s 2000 amendment recommends Industrial uses for the subject site. The proposed development does not conflict with this recommendation. Staff Review Variance from Section 501.012 – Fence Height: − No fence or wall between a street and a principal structure shall be more than three and one half feet

in height. Elsewhere, no fence shall exceed six (6) feet in height. • The proposed fence would be eight (8) feet in height and would be located in front of the

principal structure. o A variance to allow a fence to be located in front of the principal structure and to be eight

(8) feet in height is required. Variance from Section 501.024(b) – Fence Materials: − Chain link fences shall not be permitted between a street and a principal structure.

• The proposed chain link fence would be located in front of the principal structure. o A variance to allow chain link fencing in front of the principal structure is required.

Technical Review Committee Agency Review No Technical Review Committee Agencies expressed any concerns. Staff Analysis Section 810.041 – Approval of Variance: The Board of Zoning Appeals shall only approve a variance or modification thereof if all the following findings are made: 1) Special conditions and circumstances exist which are peculiar to the land or structure involved and

which are not applicable to other lands or structures in the same zoning district; » The applicant stated that the nature of the business that requires a large amount of inventory/trucks

and need for additional security constitutes a special circumstance. » Staff believes the security needs constitute a special circumstance. Additionally, the approved

Zoning Compliance included a three (3) to four (4) foot tall landscaped buffer mound between the road right of way and the proposed fence.

2) A literal interpretation of the provisions of this Zoning Resolution would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Zoning Resolution; » The applicant stated that it is common for truck courts to be fenced for security purposes, but

because this site fronts on two roadways and the way the site will develop it is limited to a fence height that will not adequately secure the property and use.

» Staff agrees that a literal interpretation would deprive the applicant of rights commonly enjoyed by others. Additionally, the same variance request was approved on October of 2018 on the adjacent lot to the north that was developed with a similar use. That site has since annexed into the City of Columbus, just as the subject site intends to do in order to gain access to public utilities.

3) The special conditions and circumstances do not result from the action of the applicant; » The applicant stated that it is the nature of criminal activity that necessitates the securing of the

perimeter of the proposed building and not the actions of the applicant. » Staff does not believe the security need is a result of actions taken by the applicant.

4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Resolution to other lands or structures in the same Zoning District; » The applicant stated that granting the variance would not confer special privileges and will allow

the applicant to store trucks in a similar way to other related uses. » Staff believes the requested variance will not confer special privileges on the applicant due to the

nature of the area, the need for security, and the adjacent lot to the north receiving approval of the same variances.

5) Granting the variance will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed development, be materially detrimental to the public welfare or injurious to private property or public improvements in the vicinity; » The applicant stated that based on how the surrounding land has been used and developed the

proposed development would not adversely affect the health or safety of persons residing or working in the area.

» Staff agrees that granting the variance will not adversely affect the health or safety of persons residing or working in the area.

Recommendation Staff’s recommendation is that the Board of Zoning Appeals conditionally approve a Variance from Section 501.012 and 501.024(b) of the Franklin County Zoning Resolution to allow the site to not meet fence height or fence material requirements in an area zoned General Industrial. The condition is that the applicant must apply for and receive approval of a Certificate of Zoning Compliance from the Franklin County Economic Development and Planning Department. Resolution For your convenience, the following is a proposed resolution: Proposed Resolution for Request: __________________ moves to approve a variance from Sections 501.012 and 501.024(b) of the Franklin County Zoning Resolution as outlined in the request for the applicant identified in Case No. VA-3965.

Seconded by: ____________________________ Voting:

Findings of Fact For your convenience, the following are proposed findings of fact: If the resolution fails for lack of support, the following are proposed findings of fact for adoption by the BZA: __________________ moves that the basis for denying the applicant’s request for the variance from Sections 501.012 and 501.024(b) of the Franklin County Zoning Resolution as outlined in the request for the applicant identified in Case No. VA-3965 results from applicant’s failure to satisfy the criteria for granting a variance under Section 810.041.

Seconded by: ____________________________ Voting:

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150 South Front Street, FSL Suite 10 Columbus, Ohio 43215-7104 Tel: 614-525-3094 Fax: 614-525-7155 Development.FranklinCountyOhio.gov

STAFF REPORT Board of Zoning Appeals

June 15, 2020

Case: VA-3966 Prepared by: Brad Fisher

Summary The applicant is requesting a Variance to allow the construction of an accessory building that would exceed the maximum permitted size and not meet the principal structure setback in an area zoned Restricted Suburban Residential (R-1). The request satisfies the criteria necessary for granting a variance. Staff recommends conditional approval. Description of the Request The subject site is located on the north side of Fishinger Road, between Smiley Road and Dublin Road in Norwich Township. The subject site includes a 1,968 square foot single-family home that was built in 1955 and a 576 square foot detached garage that was built in 1996. The applicant is proposing to construct a 576 square foot accessory building that would be attached to the front of the existing detached garage. The proposed structure may not exceed 720 square feet in size and must be setback from the home a minimum of 10 feet. The proposed total accessory building size is 1,152 square feet and it would only be setback six (6) feet from the home. A variance is required to allow the proposed building to exceed the maximum permitted size by 432 square feet and reduce the principle structure setback by four (4) feet. Surrounding Area The parcels to the west, south, and east of the subject site are zoned Restricted Suburban Residential (R-1) in unincorporated Norwich Township and developed with single-family residential uses. The parcels to the north are located in the City of Columbus and developed with single-family residential and religious uses. Comprehensive Plan The site is located within the planning area of the Trabue Roberts Area Plan, which was adopted by the City of Columbus in 2011. The Plan includes a future land-use map that recommends very low density

Owner: Applicant: Township:

Jason Koebel Shawn McNeil Norwich Township

Site: Acreage: Zoning:

3414 Fishinger Road (PID #200-001235) 0.9986-acres Restricted Suburban Residential (R-1)

Utilities: Private water and wastewater Request: Requesting a Variance from Sections 512.02(2) and 512.02(2(a)) of the

Franklin County Zoning Resolution to allow the construction of an accessory building that would exceed the maximum permitted size and not meet the principal structure setback in an area zoned Restricted Suburban Residential (R-1).

residential with a typical density of less than two (2) units per acre for the subject site. The subject site and the surrounding area are developed to a density of approximately one (1) unit per acre. The proposal does not change the use of the property and meets the Plan’s recommendations. Staff Review Variance from Section 512.02(2) – Accessory Building Size: − The maximum permitted accessory building size including all structures is 720 square feet.

• The proposed total accessory building size would be 1,152. • A variance of 432 square feet is required.

Variance from Section 512.02(2(a)) – Location of Accessory Buildings: − An accessory building shall be located to the side or rear of the principal structure and shall be no

closer than ten (10) feet from any part of the principal structure. • The proposed accessory building would be set back six (6) feet from the principle structure. • A variance of four (4) feet is required.

Technical Review Committee Agency Review No Technical Review Committee Agencies indicated any concerns with the request. Staff Analysis Section 810.041 – Approval of Variance: The Board of Zoning Appeals shall only approve a variance if all of the following findings are made: 1) Special conditions and circumstances exist which are peculiar to the land or structure involved and

which are not applicable to other lands or structures in the same zoning district; » The applicant indicated that there are power lines that run across the middle of the property that are

located within a 10-foot utility easement. The power line is approximately 12 feet north of the existing accessory structure, which would not allow for the proposed structure to be located there.

» Staff agrees that the existing location of the power lines and utility easement serves as a special circumstance.

» Additionally, lots between 1 and 2-acres in size allow for a maximum accessory building size of 1,440 square feet. The subject site is 0.9986-acres in size, which is only 61 square feet less than an acre.

2) A literal interpretation of the provisions of this Zoning Resolution would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Zoning Resolution; » The applicant indicated that the location of the existing power lines and detached garage limit the

area to expand the garage. » Staff agrees that the proposed location and size of the accessory building is practical and not out of

character with the surrounding area. 3) The special conditions and circumstances do not result from the action of the applicant;

» Staff does not believe the special circumstance results from any actions made by the applicant. The property was developed in 1955 and the applicant purchased the property in 2013.

4) Granting the variance requested will not confer on the applicant any special privilege that is denied

by this Zoning Resolution to other lands or structures in the same Zoning District; » Staff does not believe that the proposed development will confer a special privilege on the

applicant.

5) Granting the variance will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed development, be materially detrimental to the public welfare or injurious to private property or public improvements in the vicinity; » The applicant stated that the proposed development would not adversely affect others and there are

examples of properties in the area that do not meet the accessory building setback and size requirements.

» Staff agrees that granting the variance will not adversely affect the general health, safety or welfare of the community. As the applicant indicated, nearby properties have received approval of variances to allow accessory buildings to not meet the required development standards.

Recommendation Staff’s recommendation is that the BZA conditionally approve a Variance from Sections 512.02(2) and 512.02(2(a)) of the Franklin County Zoning Resolution to allow the construction of an accessory building that would exceed the maximum permitted size and not meet the principal structure setback in an area zoned Restricted Suburban Residential (R-1). The condition is that the applicant must apply for and receive approval of a Certificate of Zoning Compliance and Building Permit from the Franklin County Economic Development and Planning Department. Resolution For your convenience, the following is a proposed resolution: Proposed Resolution for Request: __________________ moves to approve a Variance from Sections 512.02(2) and 512.02(2(a)) of the Franklin County Zoning Resolution as outlined in the request for the applicant identified in Case No. VA-3966 with the condition in staff’s recommendation.

Seconded by: ____________________________ Voting:

Findings of Fact For your convenience, the following are proposed findings of fact: If the resolution fails for lack of support, the following are proposed findings of fact for adoption by the BZA: __________________ moves that the basis for denying the applicant’s request for the Variance from Sections 512.02(2) and 512.02(2(a)) of the Franklin County Zoning Resolution as outlined in the request for the applicant identified in Case No. VA-3966 results from applicant’s failure to satisfy the criteria for granting a variance under Section 810.041.

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From: shawn mc neil <justgarages@hotmail.com>Sent: Friday, June 5, 2020 3:41 PMTo: Fisher, Brad X.Subject: Re: INORMATION REQUIRED. 3414 Fishinger Road. Variance Application VA-3966

Hi,    The owner can’t find the exact dimensions from a survey. I had used the auditors Gis info for the lot dimensions. It is possible that the lot could be over 1 acre, but I can’t verify that at this time. Let’s go ahead and add the language to the existing application and I will keep looking just in case.  Thank you,   Shawn McNeil  The Garage Gurus   

On Jun 5, 2020, at 2:32 PM, Fisher, Brad X. <bradfisher@franklincountyohio.gov> wrote: 

  Shawn:   The site plan submitted indicates that the property is 43,500 sq. ft., or 0.9986‐acres. This is also what’s shown on the plat. Staff is in support of both variances, we just need a request from you to add the new section as described in my previous email.   Brad M. Fisher Planner   <image001.png>   Lazarus Building 150 South Front Street, FSL Suite 10 Columbus, Ohio 43215‐7104 Tel:   614‐525‐4684 Fax:  614‐525‐7155 http://development.franklincountyohio.gov/   

From: shawn mc neil <justgarages@hotmail.com>  Sent: Friday, June 5, 2020 1:05 PM To: Fisher, Brad X. <bradfisher@franklincountyohio.gov> Cc: Barr, Terry N. <tbarr@franklincountyohio.gov> Subject: Re: INORMATION REQUIRED. 3414 Fishinger Road. Variance Application VA‐3966   Hi,     Thanks for contacting me.  I checked the Franklin county auditors website and they list the calculated acreage as 1.00 acres in the description and then listed on lower down the page under the site data they list it as 1.0004 acres.  

2

How did you come up with there being less than 1 acre?    Thank you 

Shawn McNeil  The Garage Gurus    

On Jun 5, 2020, at 12:27 PM, Fisher, Brad X. <bradfisher@franklincountyohio.gov> wrote: 

  Hello Shawn:   While reviewing the zoning variance application for 3414 Fishinger Road I realized that the lot size is 0.9986‐acres, which is just under 1 acre. The maximum accessory building size for a lot under 1 acre is 720 square feet and the proposed total accessory building square feet is 1,152 square feet. Please respond to this email if you would like to add a variance from Section 512.02(2) of the Franklin County Zoning Resolution to exceed the maximum permitted accessory building size by 432 square feet.    Please let me know if you have any questions. Our Staff Report is due to be posted this Monday by noon, so please respond as soon as your able. There is no additional fee associated with the request.   Thanks,   Brad M. Fisher Planner   <image001.png>   Lazarus Building 150 South Front Street, FSL Suite 10 Columbus, Ohio 43215‐7104 Tel:   614‐525‐4684 Fax:  614‐525‐7155 http://development.franklincountyohio.gov/   <VA‐3966 Site Plan (8.5x11).pdf> <VA‐3966 Application.pdf> 

Caution 

This email originated from an email address that is outside of the county network. Do not click links or open attachments unless you recognize the sender and know the content is safe.