BOARD OF ZONING
APPEALS
July 9, 2008 - 7:00 p.m.
Board members present were Nancy Snyder, Jerry Werner, Louis Grooms, Jerry Eibel and Bob Burkhart, presiding. Also present were Dave Miller of Miller Construction and his attorney John Rambacher, Johnny Miller, adjacent property owner, Sharon Perrine, Zoning Inspector and Trustee, Douglas Baum and Pike Township Attorney, Charles Hall, III. Lisa Elliott, stenographer from Hill Court Reporters recorded session.
Mr. Burkhart opened the meeting at 7:00 p.m. introducing the Board Members present. The legal ad was read into record.
APPEAL #344 -
John Rambacher, attorney for Miller Construction, stated, as part of the Judgment Entry of Judge Lioi, Case #2005-CVO-1989 Mr. Miller is applying for a conditional use to expand his non-conforming use to the rear yard area. They have complied with zoning in removing various construction items, as well as machinery, either sold or moved to another location. The three remaining earth movers, although not operable at this time, will be repaired and put back into use as needed. They are keeping these items because they feel it is most cost effective to repair and use them than to purchase new equipment, even though they could not give a time line when this equipment would be operable. They could only say that, when the construction business improves they may need this equipment.
Zoning Inspector,
Mr. Rambacher explained that the generator would be repaired and put back into service when needed, also. The dump truck may be scrapped but their intent was to repairs and put back into service when needed.
Mr. Werner asked how long these items had been there now. Dave Miller replied that the truck had been there about 5 years without a motor.
Mr. Rambacher explained that these items were very specialized equipment and has value when needed.
Mr. Grooms stated he believed owners know what is usable.
Mr. Werner asked if the company would make a commitment when those items would be removed or operable.
Mr. Rambacher stated that Miller Construction is a respectable contractor who has been in business since 1955 and they had met the zoning requirements and had not brought in any salvage materials.
Louis Grooms made a motion to grant Miller Construction the rear yard use as a non-conforming use, with the condition that the subject inoperable machinery/vehicles (three earth movers, generator, dump truck), at the Zoning Inspectors discretion, sometime in the future, demand they be removed in accordance with the court order for the above case. Seconded by Nancy Snyder.
VOTE: Nancy Snyder, in favor of granting expansion.
Jerry Werner, in favor of granting expansion.
Louis Groom, in favor of granting expansion.
Jerry Eibel, in favor of granting expansion.
Bob Burkhart, in favor of granting expansion.
The vote was unanimous to grant expansion of rear yard non-conforming use.
APPEAL #345 -
Mr. Rambacher stated that to enable construction of pole building (96’ x 75’) to store machinery, etc., they were requesting a side setback variance of undeterminable amount, because property line could not be determined because of the steep bank to the creek.
Nancy Snyder made a motion to grant side setback variance of undetermined amount to construct a building with the back of building being part of the fence line. Seconded by Louis Grooms.
VOTE: Nancy Snyder, in favor of granting variance.
Jerry Werner, in favor of granting variance.
Louis Grooms, in favor of granting variance.
Jerry Eibel, in favor of granting variance.
Bob Burkhart, in favor of granting variance.
The vote was unanimous to grant side yard setback variance.
OTHER BUSINESS
Attorney Hall discussed the appeal of the Valley Mining fifty foot setback Variance brought by Ernie Berry for the Soehnlen property. He stated that the Board did not state a “Findings of Fact” in their decision and they would have to have a public meeting and state their reason(s) for granting the variance. This would just be a matter of procedure and no testimony need be taken. Their decision just would have to be announced.
The Board set the date of August 13, 2008 at 7:00 p.m. to hold the public meeting.
Louis Grooms made a motion to adjourn the meeting. Seconded by Jerry Werner. The Hearing was adjourned at 7:40 p.m.