BOARD OF ZONING APPEALS

CITY HALL, 100 LOCKVILLE ROAD

THURSDAY, APRIL 24, 2008

 

PUBLIC HEARING

7:00 P.M.

 

1.         Mr. Wells called the public hearing to order at 7:00 P.M. with the following members present:  Mr. Wright, Mr. Wells, and Mr. Cline.  Mr. Linek was absent and Mr. Boruszewski was absent due to a work commitment.  Others present were:  Lance Schultz, Lynda Yartin, Joe Henderson, Cephas Pearson, David Walker, Carl Smith, Pryestt Strickland, John Roush, and others.

 

2.         APPROVAL OF MINUTES OF March 27, 2008, Regular Meeting.  Mr. Cline moved to approve; Mr. Wright seconded the motion.  Roll call was taken with Mr. Wells, Mr. Wright, and Mr. Cline voting “Yea.”  Motion passed, 3-0. 

 

3.         SCHEDULED MATTERS: 

 

A.        Review and request for a motion to approve a rear yard building setback variance, a side yard parking setback variance, a parking space variance, and an interior landscaping for vehicular use variance for Pickerington Entertainment Center on Winderly Lane for TNT Pursuits, LLC.  Mr. Henderson reviewed the staff report presented to the Board and stated the Planning and Zoning Commission approved the Certificate of Appropriateness for the site plan and building materials in March 2008.  He stated the applicant is proposing to construct a 28,610 square foot Pickerington Family Entertainment Center on Winderly Lane, and the site plan proposes one curb cut along Winderly Lane.  He stated the applicant is requesting a variance for a rear yard building setback, a side yard parking setback, the number of parking spaces and an interior landscaping for vehicular use area.  Mr. Henderson stated the rear yard setback requires 30 feet and 20 feet is proposed, the side yard parking setback requires eight feet, while five feet is being proposed.  He stated the owner is requesting 176 parking spaces and the current site plan identifies 4,434 square feet of interior landscaping while the plan requires 6,091 square feet.  Mr. Henderson stated after further review the parking space variance would not be required because the entire building would be classified as commercial/retail instead of separating the uses within the building.  He stated therefore the parking space requirement would be 143 and they are showing 176 spaces.  Mr. Henderson stated staff recommends approval of the variance with the following conditions: 

 

            1.         That the rear yard building setback shall be reduced from 30 feet to 20 feet.

 

            2.         That the side yard parking setback to the south shall be reduced from 8 feet to 5 feet.

 

            3.         That the interior landscaping shall be reduced from 10 percent (6,091 square feet) to 7.2 percent (4,434 square feet). 

 

Mr. David Walker, being duly sworn, stated he represented TNT Pursuits on this project.  He stated they have read the staff recommendations and the conditions for approval and agree with all three conditions.  Mr. Wright clarified the requested variance for the number of parking spaces was not needed.  Mr. Wright moved to approve the variance request that the rear yard building setback shall be reduced from 30 feet to 20 feet; that the side yard parking setback to the south shall be reduced from 8 feet to 5 feet; and, that the interior landscaping shall be reduced from 10 percent to 7.2 percent; Mr. Cline seconded the motion.  Roll call was taken with Mr. Wright, Mr. Wells, and Mr. Cline voting “Yea.”  Motion passed, 3-0. 

 

B.         Review and request for motion to approve a side yard building setback variance for Express Car Wash located on the south side of Refugee Road west of Windmiller Drive on Lot 1 of the Windmiller Square Commercial Subdivision.  Mr. Henderson reviewed the staff report presented to the Board and stated the Planning and Zoning Commission approved the Certificate of Appropriateness for the site plan and building materials and a Conditional Use Permit for a drive thru in April 2008.  He stated the applicant is proposing to construct a 4,230 square foot Express Car Wash located on the south side of Refugee Road, west of Windmiller Drive, on Lot 1 of the Windmiller Square Commercial Subdivision.  He stated the site plan proposed one curb cut along the rear access drive, and there would be 16 parking spaces/vacuum stalls on the east side of the building.  He stated further there would be stacking spaces for 15 cars waiting for the car wash and the dumpster and employee parking spaces would be located on the office building site to the east of the car wash.  Mr. Henderson stated typically Type A buffering would be required between a C-3 (Commercial) and R-4 (Residential), which would be a opaque wood fence, stone or brick wall, an earthen berm and plant material with 100 percent opacity from grade to six feet above ground.  Mr. Henderson stated staff met with the adjacent property owner, Mr. Carl Smith, and he is requesting a five-foot high chain link fence instead of any landscape buffering.  He stated the chain link fence would replace the existing farm fence that is located on the property line.  Mr. Henderson stated staff supports the side yard setback variance with the following conditions:  

 

            1.         That the side yard building setback shall be reduced from 25 feet to 20 feet.

 

            2.         That a five-foot high chain link fence shall be installed on the western property line. 

 

Mr. John Rousch, being duly sworn, stated he was representing Berry and Miller Construction on this project.  He stated they were requesting the side yard setback variance and they agree with all of staff’s conditions set forth in the report. 

 

Mr. Carl Smith, being duly sworn, stated he is the adjacent property owner and he is requesting a chain link fence be installed rather than any landscape buffering.  Mr. Schultz stated the chain link fence Mr. Smith is requesting would go all the way down to the stream, and the developer is proposing only to the end of the property line, which is what we require.  He stated he would ask if the developer would agree to extend the chain link fence to the stream as the existing farm fence goes to the stream.  Mr. Roush stated he did not feel there would be a problem with extending the fence to the stream.  Mr. Cline verified the chain link fence would be in lieu of Type A buffering.  Mr. Cline moved to approve the side yard building setback variance shall be reduced from 25 to 20 feet, and that a five-foot high chain link fence shall be installed on the western property line extending to the stream; Mr. Wright seconded the motion.  Roll call was taken with Mr. Wright, Mr. Cline, and Mr. Wells voting “Yea.”  Motion passed, 3-0. 

 

4.         OTHER BUSINESS.  Mr. Schulz stated the next scheduled meeting will be May 22nd, and he will not know the agenda items, or if there are any, for another two weeks. 

 

5.         ADJOURNMENT.  There being nothing further Mr. Wright moved to adjourn, Mr. Cline seconded the motion.  Mr. Cline, Mr. Wells, and Mr. Wright voted “Aye.”  Motion carried, 3-0.  The Board of Zoning Appeals adjourned at 7:20 P.M., April 24, 2008. 

 

RESPECTFULLY SUBMITTED:

 

 

___________________________________             

Lynda D. Yartin, Municipal Clerk                                                                    

 

ATTEST:

 

 

___________________________________                         

Lance Schultz, Planning & Zoning Director