Harrison Township

HARRISON TOWNSHIP

Board of Zoning Appeals

Monday, April11, 2016

7:00 p.m.

The meeting of the Harrison Township Board of Zoning Appeals was called to order at 7:00 p.m. on Monday, April 11, 2016.

Those present:

Charles Waldron

Jerry BarnesJustin Riley Olszewski,

Patricia LarrickZoning Manager, Development Dept.

Steven Russell

Craig Lapham

APPROVAL OF THE MINUTES:

Ms. Patty Larrickmade a motion to approve the minutes dated January 11, 2016. Mr.Steven Russell seconded the motion. Motion carried and passed5-0.

OLD BUSINESS:

None

NEW BUSINESS:

Case No. BZA-02-16

Case# BZA-0-16 was initiated byMohamed Bahi, 34 Summit Court, Fairfield, OH45014. The applicant is requesting a Conditional Use underArticle21, Section 2103(C) to allow for an automobile service facility specifically salesandservice of new and used tires to be located within the “B-3” Business District.Theproperty is located at 3900 N. Main St., Dayton, OH 45405, HarrisonTownship,Montgomery County,Ohio.

Staff stated that the propertyis located at 3900 N MainSt. The property is located on the east side of North Main Street between Wampler AveandWoodruffAve. The property is currently zoned “B-3” BusinessDistrict. The surrounding zoning is “B-3” Business District to the north and west, thecorporationlimit of the City of Dayton to the south, and “R-4” Single Family Residential to theeast. The surrounding land use is commercial to the north, south, and west, and residentialuseto theeast. Access to the property is off of N. Main St., Wampler Ave., and WoodruffAve. The property was most recently used as a cell phone retail store and a video rentalstorebefore that. Article 4, Section 406.05 lists the general “Standards for ConditionalUse.” Article 21, Section 2104 lists required conditions for any use in “B-3” BusinessDistrict.

Staff then recommended There are two sections of the Zoning Resolution we must consider when entertainingaconditional use request for an automobile sales, lease, or rental; Section 2104 “Requiredconditionsin B-3 Business District” and Section 406, “Standards for Conditional Use.” Section2104enumerates the required conditions for any use in the “B-3” District while Section 406.05spellsout the general standards to consider for any conditional useapplication.

The following is the list of required conditions in the “B-3” District that must be met in ordertoobtain a conditional usepermit:

A.The business activity will be conducted wholly withina completely enclosed building, except forautomobile service stations. (No outdoor dismantling, wrecking,or storage of automotive vehicles, parts, oraccessories, shall bepermitted).

B.The business establishment shall not offergoods, service, food, beverages or make sales directlyto customers in automobiles, except for drive-inwindow for pick-up or delivery and which will be providedwith adequate drive-way space on the premises forwaiting vehicles.

C.All business shall be of retail or servicecharacter.

D.No manufacturing, processing, packaging, repairor treatment of goods shall be carried on, exceptwhen incidental or accessory to the performance ofservices or the sale of goods to the public on thepremises.

The Board must determine from the facts submitted with this case, by township staffandthe applicant in addition to any and all testimony given before the board if the proposedusemeets thesestandards.

E.Exterior lighting shall be shaded wherever necessaryto avoid casting direct light upon any property located ina Residential District or upon any publicstreet.

Site plan contains no indication of light location, shading, or deflection. The site has onefreestanding pole light along N Main St., and several wall mounted lights on the north andwestwalls.

F.All premises shall be furnished with all-weatherhard surface walks of a material such as bituminousor portland cement concrete, wood, tile, terrazzo orsimilar material, and, except for parking areas, thegrounds shall be planted andlandscaped.

Site is pre-existing and appears to meet thisrequirement.

A.Where the property lines separate a BusinessDistrict from a Residential District, a visual andmechanical barrier, a minimum of six (6) feet in height, shallbeprovided along the common lot line, which mayconsist of any of thefollowing:

1.An evergreen hedge used with a chain link fence. Such hedge shall not be less than three (3) feetin height.

2.A solid fence or a non-deterioratingmaterial.

3.Masonrywall.

Site currently contains no such screening and the submitted site plan doesnot indicate any. The Board must determine if the applicant is able to meetthis requirement.

B.No noise from any operation conducted on the premises, either continuous or intermittent, shallviolate the provisions of Article 44.

C.No emission to toxic or noxious matter, whichis injurious to human health, comfort or enjoyment oflife and property or to animal or plant life shallbe permitted. Where such emissions could be producedas a result of accident or equipment malfunction,adequate safeguards considered suitable for safe operation inthe business involved shall betaken.

D.The emission of smoke or other air pollutants shallnot violate the standards and regulations ofthe Montgomery County Health Department. Dustand other types of air pollution borne by the wind shallbe kept to a minimum by appropriate landscaping,paving, or other acceptablemeans.

E.There will be no emission of odors orodor-causing substances which can be detected without the useof instruments at or beyond the lotlines.

F.There will be vibrations which can be detectedwithout the use of instruments at or beyond the lotlines.

Section 406.05: Standards for ConditionalUse

The Board shall not grant a Conditional Use unless it shall, in each specific case, makespecificfindings of fact directly based upon the particular evidence presented to it, thatsupportconclusionthat:

A.The proposed Conditional Use will comply withallapplicable regulations of this Resolution, including lotsizerequirements, development standards and uselimitations.

Site is pre-existing and appears to meet theseconditions

B.Adequate utility, drainage and other such necessaryfacilitieshave been or will beprovided.

The applicant will need to ensure all drainage plans are submitted and approved bytheMontgomery County Engineer’sOffice.

C.Adequate access roads or entrance and exit drives willbeprovided and will be so designed as to preventtraffichazards and to minimize traffic conflicts and congestioninpublic streets andalleys.

Site is pre-existing and appears to meet theseconditions

D.All necessary permits and license for the use andoperationof the Conditional Use have been obtained, or evidencehasbeen submitted that such permits are obtainable fortheproposed Conditional Use on the subjectproperty.

E.The Board must determine from the facts submitted with this case, by township staffandthe applicant in addition to any and all testimony given before the board if the proposedusemeets thisstandard.

F.All exterior lights for artificial open-air illumination aresoshaded as to avoid casting direct light upon anypropertylocated in a ResidentialDistrict

Site plan contains no indication of light location, shading, or deflection. The site has onefreestanding pole light along N Main St., and several wall mounted lights on the north andwestwalls.

A.The location and size of the Conditional Use, the natureandintensity of the operation involved or conductedinconnection with it, the size of the site in relation to it, andthelocation of the site with respect to streets giving access toit,shall be such that it will be in harmony with theappropriateand orderly development of the district in which it islocated.

A.The location, nature, and height of buildings,structures,walls, and fences on the site and the nature and extentoflandscaping and screening on the site shall be such thattheuse will not unreasonably hinder or discouragetheappropriate development, use and enjoyment ofadjacentland, buildings andstructures.

Site has previously existed and operated in a conforming manner to currentzoningregulations, implementation of the previously mentioned screening requirement mustalsoconform to currentregulations.

B.The Conditional Use desired will not adversely affectthepublic health, safety andmorals.

The Board must determine from the facts submitted with this case, by township staffandthe applicant in addition to any and all testimony given before the board if the proposedusemeets thisstandard.

Staff recommended that the Board take all information and testimonyinto consideration.

The applicant,Mohamed Bahi, 3900 N Main St., was duly sworn and stated that he has another tire location in Hamilton Ohio. Mr. Bahi stated that the building currently has 6 bay doors but they will only have 3 open. Mr. Bahi then stated that he has not made any changes to the building or the exterior of the building pending BZA approval. Mr. Bahi also stated that he will not be using the back portion of the building just the front portion. Mr. Bahi then stated that the tires will be stored inside the building.

Barbara Weaks, 68 Wampler Ave, was duly sworn and stated that she is against this business. Ms. Weaks then stated that there is currently a tire shop across the street from this location and there is constant traffic, hanging out, loose trash and tires being stored outside, she doesnot want to see the same at this location.

Janice Davis, 60 Waverly Ave., was duly sworn and stated that she would rather have a tire shop at this location than see it sit empty.

Yvonne L Moore, 44 Wampler was duly sworn and stated that she has been in the neighborhood for 13 years and she does not want to see another tire shop in the area and would prefer the building be torn down.

Mr. Charles Waldron closed the public portion of the meeting. After some discussion among Board members, Mr. Craig Laphammade a motion to table BZA-02-16 until the May 9, 2016 meeting. Ms. Patricia Larrickseconded the motion. Motion carried and passed 5-0.

ADJOURNMENT:

There being no further business to discuss,Ms. Patty Larrick made a motion to adjourn the meeting.Mr. Steven Russell seconded the motion. Motion carried and passed 5-0.

Respectfully submitted,Harrison Township

Board of Zoning Appeals

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Shonda HillCharles Waldron, President

Administrative Asst.,

Development Department

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Patricia Larrick, Vice President

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Steven Russell

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Jerry Barnes

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Craig Lapham

Attested as to Signatures,

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Shonda Hill

Administrative Asst.,

Development Department