ZBA OKs 3 requests, denies 1


By Sheryl Roadcap - sroadcap@sidneydailynews.com



SIDNEY —The Sidney Zoning Board of Appeals approved two conditional use permit requests and a variance request, but denied a second variance request during Monday’s meeting.

The board granted the request of Brian Winemiller for a conditional use permit for a motor vehicle repair shop at 624 N. Main Ave., in the B-2, community business district.

Community Services Director Barbara Dulworth said motor vehicle repair use is appropriate for the location. Currently the property is vacant, but has had similar use in the past.

Aside from the conditions listed in the city code, the request was granted subject the following additional conditions:

• No outdoor storage or display shall be permitted;

• No storage of inoperable vehicles for more than seven days shall be permitted;

• No body or fender work or painting shall be permitted;

• Business hours are limited to 7 a.m. to 10 p.m. Monday through Saturday;

• The business must obtain all necessary permits and inspections to comply with all applicable local, state, and federal codes;

• A site plan for the parking facility must be submitted and approved by the city;

• The property may not be occupied and used for the proposed business until all conditions have been met;

• Display and advertisement of motor vehicles for sale, rental, or lease is prohibited unless and until a use compliance certificate for the activity is approved by the city.

Barbara Burton was also granted a request for a conditional use permit for a home business manufacturing silk flower arrangements for headstones at 1252 Spruce Ave. The property is a single-family dwelling located in the R-1 single family residence district.

Aside from the conditions listed in the city code, the request was granted subject the following additional conditions:

• No one other than residents of this property may be employed in the home occupation;

• No sale of items may take place at the residence;

• Business must be conducted solely between 8 a.m. and 10 p.m., Monday through Saturday, and 10 a.m. to 10 p.m. on Sunday;

• Business hours are limited to 7 a.m. to 10 p.m. Monday through Saturday;

• The business must obtain all necessary permits and inspections to comply with all applicable local, state, and federal codes;

• No outdoor storage or display shall be allowed. One sign, no more than 12-inches by 12-inches, mounted flat against the wall of the residence shall be allowed with approval of a permanent sign permit;

• Any public advertisement may not include the address of where the home occupation is being conducted;

• The business must be conducted in compliance with all federal, state, and local laws and ordinances;

• The residence must comply with fire safety requirements of the fire department.

The board granted the request of John Shurts, on behalf of Sharon Renner, for lot-size variances for two new lots proposed at 542 and 544 S. Franklin Ave. The property is located in the R-2, single and two-family residence district. The new lots are created by splitting one existing lot into two lots.

Dulworth said the zoning code requires lots for single family dwellings to be a minimum of 6,000-square-feet (0.14 acres). The lot split, if approved, will result in lot #7192, with 5,880.6-square-feet and lot #7193, with 3,354.1-square-feet.

She said the property is currently developed with two single-family dwellings. The lot split would create two properties that could be owned separately.

Dulworth told the board the requested variance is appropriate due to the extraordinary shape of the property and the existing development on the property.

The variance passed with a 3-1 vote, with Board member Jim Weaver voting no. Also Board member Jim Fortkamp was absent Monday.

Weaver said he voted no because he did not agree with the smaller lot size.

The board denied the variance request of Britt Havenar, on behalf of Anthony and Tammy Gerstner, for a new lot proposed at 821-823 Chestnut Ave. The property is located in the R-1, single family residence district, and, as a two-family dwelling, is a non-conforming use. The new lot would be created by a replat to move the side lot line between 789 Chestnut and 821-823 Chestnut Avenue. The proposed replat moves the shared lot line 4.68 to 2.8 feet to the north.

Anthony Gerstner told the board he resides at 789, but also owns the 821-823 Chestnut Ave. properties, and the reason for the request is so that he can sell the property. He said a fence, which was mutually agreed upon by himself and the previous property owner of 821 Chestnut Ave., is located not on the property line, but encroaches on the land at 821 Chestnut. It is now Gerstner’s desire to sell 821 Chestnut and wanted the variance granted to prevent an issue when selling the property.

Dulworth recommended for the board to deny the variance because of the four standards that must be met to grant a variance, no extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other property or classes of use in the same vicinity and district were found by city staff.

The other three standard to be met are:

• Such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district but which is denied to the property in question.

• The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and district in which the property is located.

• The granting of such variance will not alter the land use characteristics of the vicinity and district, diminish the marketable value of adjacent land and improvements or increase the congestion in the public streets.

In addition, Dulworth noted there is the potential that the reduced lot width could have a negative impact on the property and surrounding properties.

Vice Chair Tom Ehler told Gerstner, unfortunately, for the board to grant the variance, all four standards must be met. The variance was denied with a 3-1 vote, with Weaver voting no. Weaver said he noted against denying the variance because other lots in that area were smaller than Gerstner’s request, but were “grandfathered-in.” Weaver said he just felt the variance should have been granted.

At the end of the meeting, Dulworth said Monday’s ZBA meeting will be the last for Weaver, as his term with the board was expiring. She thanked him for his service. Weaver told the Sidney Daily News he spends several months of the year out of state and that is the reason he is leaving the board.

The board also voted to excuse Fortkamp’s absence.

By Sheryl Roadcap

sroadcap@sidneydailynews.com

Reach the writer at 937-538-4823.

Reach the writer at 937-538-4823.