Bucyrus, Ohio

Bucyrus City Council held a public hearing on Monday, September 21, 2009 in the Council Chambers of Bucyrus City Hall, 500 S. Sandusky Ave., Bucyrus. The meeting convened at 5:15 P.M.

Randy L. Tidaback, Council president called the meeting to order and presided in the chair throughout the public hearing.

Roll was called. Present were John Walker, Michael W. Jacobs, Norma Hill, Kenneth Emerson, and Steven Pifer. Garnet Love arrived shortly after the meeting convened. Bruce Truka was absent from the meeting.

Council President Tidaback introduced Platting Committee Chairman Emerson, Zoning Administrator John Rostash and Law Director Matthew Crall. He also introduced the Council members present.

The public hearing was called to consider three proposed amendments to the Bucyrus City Zoning Ordinance per the request of the Bucyrus City Council Platting Committee. Notice of the public hearing was published in the Bucyrus Telegraph-Forum on August 14, 2009.

Letters were sent on August 27, 2009 to all persons owning property that is contiguous to or within 200 feet of all proposed issues. Of the 214 letters sent, four letters were returned to the city on September 2 and one letter was returned to the city on September 4, 2009 due to incorrect addresses. A forwarding address was provided for one letter so that letter was forwarded to that individual.

Today anyone interested in expressing his/her opinion about the proposed change may do so by approaching the podium. Each is asked to state his/her name, address, and whether he/she is a proponent or opponent of the proposed change. Five minutes will be allotted each guest. Everyone is asked to keep in mind that this public hearing is being held only to share information. No decisions will be made this afternoon and all information presented this afternoon will be considered by the Platting Committee at a later date. All references regarding the zoning laws are from the amended City of Bucyrus Zoning Ordinance, effective April 19, 2002.

1) The following amendments to Section 1187.02 of the City’s Codified Ordinance regarding private swimming pools have been recommended:

Change the third sentence of the first paragraph to read as follows: “No swimming pool, exclusive of portable swimming pools with a water depth of less than twenty-four (24) inches, shall be allowed in any residential district unless the following conditions and requirements are complied with.
Exclude language that prevents pools from being located close to structures.
Reduce the fence height around pools from six feet to four feet tall to be consistent with the International Maintenance Code.
Add “garden ponds” to sentence in third line, first paragraph to read: “a private spa or a hot tub with a lockable cover, and garden ponds shall not be considered as a swimming pool subject to the provisions of this section.”
Establish a $100.00 fine for infractions -

Bucyrus City Planning Commission gave no recommendations on the proposed amendments to Section 1187.02 dealing with private swimming pools.

ZONING ADMINISTRATOR COMMENTS: Using the aid of maps, Rostash reported the private swimming pool ordinance was initially written for a fence not less than six feet in height, a discrepancy of two feet from the International Property Maintenance Code in which a four foot fence was required. Rostash discussed the issue with City Law Director Matthew Crall who indicated he would have a hard time prosecuting a case involving a six foot fence. The need to reconcile the city’s code with the International Property Maintenance Code was felt due to the conflict on the books and for consistency purposes. Law Director Crall clarified that he would have difficulty in prosecuting a case when the four foot and the six foot fence requirements are on the books at the same time and he preferred the four foot fence to coincide with the International Property Maintenance Code.

PLATTING COMMITTEE COMMENTS: Platting Committee Chair Emerson reflected on the original discussion of the subject that came about when people addressed Council about the lack of fences around backyard pools in residential areas of the City of Bucyrus. The people referred to were relatives of a twin child who drowned in Galion in the summer of 2008 and the second twin having died days later as a result of the same swimming pool accident. Emerson explained that the issue was originally in the Health and Safety Committee for health and safety purposes. Emerson pointed out that it was the Health and Safety Committee that recommended most of the amendments. But since the private swimming pools fall under the zoning ordinance, the Platting Committee followed through with Health and Safety Committee’s consideration of the amendments to the ordinance. Emerson mentioned that, in the discussions of the Platting Committee, gold fish ponds and water gardens were discussed and excluded from needing a fence. He showed cause for concern about needing fences when pools show up over night.

Donald Fetters, 925 Rogers St. cited the importance of laws to protect children with fences surrounding residential swimming pools. He was a parent of the twins who died as a result of the aforementioned swimming pool accident.

2) Amendment to Section 1157.02 of the City’s Codified Ordinance regarding the Official Zoning District Map—162 letters were mailed to property owners in the area to be rezoned from AR (Apartment Residential) District to (R3) Urban Neighborhood Residential District that is bounded by Rogers St., Oakwood Ave., East St., and Southern Ave., and including a section south of Southern Ave. Inlots proposed to be rezoned include: 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1332, 2174, 2175, 2176, 2177, 2178, 2179, 2180, 2181, 3201, 3202, 3203, 3204, 3205, 3206, 3207, 3208, 3209, 3210, 3211, 3212, 3213, 3214, 3215, 3216, 3217, 3218, 3855, 3856, 3857, 3858, 3859, 3860, 3861, 3862, 3863, 3864, 3865, 3866, 3867, 3868, 3869, 3870, 3871, 3872, 3873, 3874, 3875, 3876, 3877, 3878, 3879, 3880, 3881, 3882, 3883, 3884, 3885, 3886, 3887, 3888, 3682, 3683, 3684, 3685, 3686, 3687, 4239, 4240, 2286, 2287, 2288, 2289, 2290, 4237, 4238 -

The Bucyrus City Planning Commission was favorable to the recommended proposed zoning amendment on July 6, 2009, at which time it also recommended to enlarge the area to include section south of Southern Ave.

ZONING ADMINISTRATOR COMMENTS: Rostash explained the majority of the area is north of Southern Ave., with a little bit south of Southern Ave. He pointed out the two things that are trying to be done by rezoning the area from AR to R3: 1) to preserve the single family characteristic of the neighborhood and 2) to allow property owners to utilize more of their lots for buildings. With the aid of maps and diagrams, the zoning administrator stressed that he could not find any apartments in this area, but only single family homes. Sometimes people want to build a garden or tool shed, according to Rostash who currently have to be ten feet from the side lot line and five feet from the rear lot line. If rezoned to an R3 District classification, a shed could be built four feet from the side lot line and five feet from the rear lot line. The average lot line is 45 feet wide and 117 feet long, according to Rostash who also pointed out there is a 30 foot setback in the front yard in the AR District and 40 foot setback in the rear yard. He showed a comparison in a home between the AR District and the R3 District, noting most of the house footprint was in the buildable area. Rostash also pointed out the difference of location for the shed in comparison with the house footprint and the yard space. As far as uses go, parking could be a problem for the smaller lots. One does not have to worry about turning single family homes into duplexes.

Rostash confirmed if there was an apartment in said area that he might have missed it would be grandfathered as long as it did not set empty for two years or more.

Marie Vaughan, 323 E. Southern Ave. shared information about a once-thought display building for antiques on her property. Rostash told her there would be provisions if she planned on running it as a business, but not if she just planned the building for show of antiques.

PLATTING COMMITTEE COMMENTS: Emerson mentioned that some people like convert large older homes into multiple family homes. He stressed the need to preserve the single family characteristic.

Letter received September 18, 2009 from Richard and Jean Zahn, 811 Rogers St. indicating they are in favor of rezoning land from the current AR to R3 was read.

3) Amendment to Section 1157.02 of the City’s Codified Ordinance regarding the Official Zoning District Map—52 letters were mailed to property owners in the area to be rezoned from R-3 (Urban Residential District) to AR (Apartment Residential) District that is bounded by Lane, Warren, Charles, and East Streets, including a section of S. Lane St. on the eastern side that involves the two multi-unit apartment buildings. Inlots proposed to be rezoned include the south part of 267, 268, 269, 304, 305, 306, 307, 308, 345, 346, 347, 348, and 349 –

The Bucyrus City Planning Commission was favorable to the recommended zoning amendment on July 6, 2009, and also recommended at that time to expand on the proposed zoning amendment to include section of S. Lane St. on the eastern side that involves the two multi-unit apartment buildings.

ZONING ADMINISTRATOR COMMENTS: Rostash compared said rezoning request with the previous one, only in a flip flop manner. Within the area, there is one church, four single family homes and nine multi-family structures. There are many duplexes by pointing out the areas on his maps. The zoning administrator reported Jared Miller brought the issue to the city because he was unaware of the law that the apartment he purchased was vacant for more than two years. Rostash emphasized the number of apartments in the current zoning district and reported there are four single family dwellings but are not on typical full size lots.

PLATTING COMMITTEE COMMENTS: The Platting Committee chair reported the committee would like to change the zoning classification from R3 to AR to reflect how the structures in the area are actually used.

Don Vaughn who resides outside the city but owns property on Rensselaer St. questioned the difference in tax value between R3 and AR zoning classifications. Emerson stressed that the rezoning does not affect taxes in any way. Vaughn also cited concern about a nearby church which would continue a non-conforming use.

President Tidaback advised everyone that all preceding issues would return to the Platting Committee for further study. Platting Committee Chair Emerson reported the next Platting Committee meeting would be held on Thursday, September 24 at 8:15 A.M. in the Council Chambers.

Walker made a motion to excuse Council member Truka from the public hearing, seconded by Love. Motion carried per voice vote.

The purpose of the public hearing having been accomplished, Jacobs made a motion to adjourn the meeting, seconded by Love. Motion carried per voice vote. Time of adjournment was 5:50 P.M.