Planning Commission and Board of Zoning Appeals
Minutes

Planning Commission Minutes for February 1, 2010:

February 1, 2010

The Bucyrus City Planning Commission held a meeting on Monday, February 1, 2010 at 5:15 p.m. in the Council Chambers of City Hall.  Present for the meeting was Harmon Guss, Mayor Dan Ross, Service-Safety Director Sid Seevers, and Richard Strickland.  Also attending were Zoning Administrator John Rostash, Engineer Tech Sean Cassaro, Council Members Norma Hill and Ken Emerson.

The first item of business was to reorganize and elect a chairman for the year 2010.  Strickland made a motion for Mayor Dan Ross to remain as Planning Commission Chairman for the year 2010.  Seevers seconded the motion.  Roll call votes were as follows: Guss; yes, Seevers; yes, and Strickland; yes.  Motion carries with three yea votes.

Seevers made a motion to approve the minutes for the December 14, 2009 meeting as written.  Guss seconded the motion.  Motion carried.

Subject 1:  Bucyrus City Board of Education is requesting approval for a lot split, located at 1130 S. Walnut Street, Partial Outlot 374, previously known as Kilbourne School property.  Rostash explained the school was recently demolished, and the property will be going up for public auction.  Prior to the auction, the school wishes to clean up the property lines.  The property line extends to the centerline of South Walnut, Martha, and Rogers Streets.  The school is proposing to split the small section of right-of-way and in turn dedicate it to the City. 

After some discussion, Seevers made a motion to approve the lot split as presented.  Guss seconded the motion.  Roll call was as follows: Seevers; yes, Strickland; yes, and Guss; yes.  Motion carried with three yea votes.

Subject 2:  Bucyrus City Board of Education is requesting approval for a lot split, located at 630 Jump Street, Partial Outlot 343, previously known as Kearsley School property.  The request is the same as prior subject; the Board had the building demolished and is cleaning up the property lines for future sale.  The property line extends to the centerline of Jump Street.

Seevers made a motion to approve the lot split as presented.  Guss seconded the motion.  Roll call was as follows: Strickland; yes, Guss; yes, and Seevers; yes.  Motion carried with three yea votes.

With nothing else to come before the Planning Commission, Seevers made a motion to adjourn the meeting.  Strickland seconded the motion.  Meeting adjourned at 5:25 p.m.

Respectfully submitted,                                                                                     

Arinda J. Bell
Secretary      

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Board of Zoning Appeals Minutes for April 20, 2010:

April 20, 2010

The Bucyrus City Board of Zoning Appeals met Tuesday, April 20, 2010 at 12:35 p.m. in Council Chambers of City Hall.

Present for the meeting were Chairman Ken Emerson, Members Mary Jo Allan, and Harry Lipscomb.  Also present was Law Director Matt Crall, Zoning Administrator John Rostash, and Council Member Norma Hill. 

Allan made a motion to excuse members Floyd Farmer and Ray Graves for the April 20, 2010 meeting.  Lipscomb seconded the motion.  Motion carried.

Crall swore in attendees wishing to speak before the Board, they are as follows: John Rostash, Daniel Quaintance, Mike Saam, and Doug Hoover.

Subject 1:  Daniel & Diana Quaintance, 1418 Woodlawn Avenue, requested an area variance to construct a garage in the rear yard of their property.  As proposed, the garage would be constructed approximately five feet from the rear property line.  This property, Inlot 3782, borders a plated alley, which is not maintained.  Per BCO 1187.01(c), unattached accessory buildings shall not be less than ten feet from such right-of-way or alley.  Quaintance presented photos (Exhibit A) of the plated alley, showing there are a power pole, as well as several trees in the plated alley.  Quaintance also noted there is an accessory building already located approximately 2.5 feet from platted alley on another property. 

Letters were sent to property owners adjacent to or within 200 feet of the Quaintance property, with no response.  One letter addressed to Amy Gingery was returned, unable to forward.  This property stands within the R-3 (Urban Neighborhood Residential) Zoning District.

After some discussion, Allan made a motion to approve the request as presented and relax the required setback for an accessory building that borders an alley.  Lipscomb seconded the motion.  Roll call was as follows: Lipscomb; yes, Allan; yes, and Emerson; yes.  Motion carried with three yea votes.

Subject 2:  Oakwood Cemetery Association is requesting permission to allow a sign to remain at the front entrance located at 835 Kaler Avenue.  The sign in question was erected in violation of BCO 1191.09(b), which states that a nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this section.  Should any replacement or relocation occur without being brought into compliance the sign shall be subject to removal.  This property stands within the R-1 (Suburban Residential) Zoning District; the sign cannot be made to come into compliance because business signs are not permitted in residential neighborhoods without the Boards approval.

Mike Saam, Superintendent of Oakwood Cemetery, stated he was unaware of needing a permit.  There was a smaller sign on the south side of the entrance, which rotted away.  Due to financial problems, the sign was not replaced.  Longstreth Memorial donated the new larger sign.  For easier maintenance, a larger replacement sign was placed in the flowerbed on the north side of the entrance.  Oakwood Cemetery is partnered with Longstreth Memorials, in which the cemetery receives a commission on the sale of monuments that are placed in the cemetery.

Letters were sent to property owners adjacent to or within 200 feet of Outlot 527, with the following response:  No objections from Holtshouse Family Limited Partnership (Inlots 3753-3757) and Randy & Denise Clady (Outlot 280, Inlot 4567, & Partial Inlot 4568).  The following were opposed, with the following comments: Martha Leitzy (IL 4828); opposed to sign, Marcia Dobbins (Inlot 4351); opposed to sign, looks trashy, Mary Smith (Inlot 3692-4); deeply opposed to advertisement on sign, Kyle Laipply (Inlot 4827); would like the sign to match the character of existing entrance, needs to be placed lower, however not opposed to sign, Kevin Myers (Partial Inlots 2110, 2126, & 2127); the sign looks tacky and does not match the character of existing entrance.  In addition, advertising for other business is not appropriate.

Rostash explained Longstreth Memorials signage for the business (across the street) is a legal nonconforming, since it was there prior to zoning.  The new sign is not legal due to the fact it is in the R-1 Zoning District.  In addition, the sign is in violation, because it advertises for another off premises business (Longstreth Memorial), which off premise advertising is only allowed in GB (General Business) and LIC (Limited Industrial/Commercial) Zoning Districts.

After much discussion, Lipscomb made a motion to deny the request for permission to allow the sign to remain and the sign must be removed.  Allan seconded the motion.  Roll call was as follows: Allan; yes, Lipscomb; yes, and Emerson; yes.  Motion carried with three yea votes.

Allan made a motion to approve the minutes from the March 9, 2010 meeting.  Lipscomb seconded the motion.  Motion carried.

With nothing else to come before the Board, Allan made a motion to adjourn the meeting.  Lipscomb seconded the motion.  The meeting adjourned at 1:25 p.m.

Respectfully submitted,  

Arinda J. Bell, Secretary

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