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Planning and Zoning - Minutes
Wednesday, March 02, 2005

CITY OF CIRCLEVILLE
PLANNING AND ZONING COMMISSION
104 EAST FRANKLIN STREET
CIRCLEVILLE, OH 43113
(740) 477-8224

WEDNESDAY, MARCH 2, 2005
MEETING MINUTES

MEMBERS PRESENT                    

JEAN DROSTE                         
BILL MOSHER                         
LOUIS MCFARLAND                    
MARSHA GRIEBEL-GRAHAM               
ALAN SEDLAK                         
TERRY LEASURE                         
VALERIE SANZONI, CLERK               
                                   
VISITORS PRESENT                                   
DAVID CLINE
ANNE CANAN
GAYLE FOSNAUGH
ANNAMARIE WIMER
AIMEE SPARKS
JOHN WEAVER
JODI KIBLER
MAGGIE COLLINS
RON WUNSCH

     Bill Mosher called the meeting to order at 7:00 p.m. The first item on the agenda was approval of February’s meeting minutes. Terry Leasure motioned to approve the minutes as submitted, seconded by Alan Sedlak. All in favor, motion carried.

     The first item on the agenda was Conditional Use Permit #1-05, as requested by Joellynn Kibler, 811 North Court Street, to utilize the basement of her home for a massage therapy clinic, in an area zoned R-5, Two Family Residential District.

     Joellynn Kibler was sworn in and stated that she would like to use a portion of her basement for massage therapy.

     Marsha Graham asked if her home needed to be handicap accessible.

     Mr. McFarland stated that isn’t a zoning issue but is always a concern.

     Bill Mosher asked if she had any off street parking.

     Ms. Kibler stated I do but I don’t intend for my clients to use that parking because where the entrance is located into my clinic. I am asking my clients to park on Hayward Avenue. I will only see one client at a time and there would only be one vehicle. There is parking allowed on that street. They would park on the street, walk up the sidewalk and in to the side door. The side door goes directly into my basement, they would use that entrance instead of coming through my home.

     Bill Mosher asked would you do this on an appointment basis only.

     Ms. Kibler replied correct.

     Bill Mosher asked how she planned on advertising.

     Ms. Kibler stated primarily word of mouth and maybe a little in the Circleville Herald. I will also put an ad in the yellow pages.

     Bill Mosher asked if she would have a sign.

     Ms. Kibler stated I would like to have a small sign close to the entrance to the clinic so they will know that is where they need to be. It is a home and they may question if this is where they are going.

     Alan Sedlak stated he had a few questions he wanted ask. One requirement is that the business doesn’t occupy more than 15% of the dwelling floor area. Do you think you are within that?

     Ms. Kibler replied yes, the room is 10’ x 11’.

     Alan Sedlak asked do you plan on having any employees.

     Ms. Kibler replied no.

     Alan Sedlak stated in regards to your sign you are allowed to have a non-illuminated, 2’ x 2’ sign. Is your business going to create any noise, vibration, fumes, glare, odors or any electrical interference to be detected off the premises. This will be in your home and not in a garage or any other accessory structure.

     Ms. Kibler stated the quieter the better. The business is in the basement of my home.

     Bill Mosher asked do you require certification to run a business like that.

     Ms. Kibler stated I have to have a license through the State of Ohio which I have.

     Bill Mosher asked what will be your hours of operation.

     Ms. Kibler stated they will be flexible. Right now I work three days a week at a doctor’s office. I would do massage between four in the afternoon and seven or eight in the evening. Weekends will vary, depending on the clients. That is a reason I did it out of my home so I can have more flexible hours.

     Bill Mosher stated you will never have more than one client at a time.

     Ms. Kibler stated there is only one of me, so I can’t do more than one at a time.

     Anne Canan, 813 North Court Street, was sworn in and stated I don’t want a permanent change to our zoning code. I was told if we allow this conditional use that there is no permanent change in that area. Is this correct?

     Mr. Mosher replied yes.

     Anne Canan stated if she sells this property will it be transferable to another owner?

     Mr. Mosher replied no.

     Anne Canan stated my husband and I are really concerned about the signage. Is this Conditional Use Permit for a certain length of time, is there a renewal for her if she gets this permit?

     Mr. Mosher stated a Conditional Use Permit is just that, conditional. If there are issues that develop it can be withdrawn. If they want to do wood working in their garage and they disturb the whole neighborhood in doing it but they have a Conditional Use Permit, that can be pulled from them because they are not meeting the noise criteria as stated in the code. A Conditional Use Permit is granted for the term they want it extended to. If there are significant concerns or issues the commission can issue a Conditional Use Permit for a year and then it would need to be renewed after a year.

     Anne Canan asked Joellynn if she was going to add any additional lighting in the area.

     Ms. Kibler stated a light over the porch.

     Mr. Mosher stated that is a one sided, 2’ x 2’ sign.

     Mr. Sedlak stated it says attached flat to the principal structure.

     Mr. Mosher stated it can’t be a post sign.

     Ms. Kibler stated I have a roof over the door and I wanted to draw attention to the entrance but I don’t want to take away from the ascetics of my home. Can I hang something from the roof?

     Al Sedlak stated it reads that it has to be attached flat against the principal structure.

     Bill Mosher stated any thing different you need to get a variance.

     Ms. Kibler stated if I put lattice at the entrance.

     Jean Droste stated you would need to get a variance.

     Ms. Kibler stated I have asbestos shingles and I don’t know if it would be a good idea to attach something to those.

     Bill Mosher stated if it’s up flat against it and not screwed into it you should be fine. You can’t put it in your yard or put it sideways without a variance.

     Ms. Kibler stated but I can get a variance.

     Ms. Mosher stated yes.

     Vladimir Bello, 809 North Court Street, was sworn in and stated I am the neighbor on the other side. I have a question if she pursues a variance for the sign, a Conditional Use wouldn’t be conveyed to a subsequent owner but would a variance run with the property to the subsequent owner.

     Mr. Mosher stated the variance is related to the Conditional Use Permit.

     Mr. Bello asked where the customer entrance would be.

     Ms. Kibler stated the side door and I am adding a porch light.

     Alan Sedlak motioned to approve, seconded by Louis McFarland. VOTE ON MOTION: BILL MOSHER, YEA; JEAN DROSTE, YEA; MARSHA GRIEBEL-GRAHAM, YEA; LOUIS MCFARLAND, YEA; ALAN SEDLAK, YEA; TERRY LEASURE, YEA. 6 YEAS, 0 NAYS, 1 ABSENT (VINKOVICH). MOTION CARRIED.

     The next item on the agenda was Conditional Use Permit #2-05, as requested by Annamarie Wimer, 165 East High Street, to use her residence for a home occupation to sell new fire arms on an as order basis and to never keep them stored on premise, in an area zoned R-5, Two Family Residential District.

     Annamarie Wimer was sworn in and stated that she had moved. We moved to a bigger house because we out grew our other house because our little girl. I am located on the corner of High and Pickaway Streets.

     Bill Mosher stated you are looking for the same permit that you were granted before. You are certified and have all your paper work in order and now you've moved to another location.

     Ms. Wimer replied yes.

     Al Sedlak stated you indicated people would be ordering firearms out of a catalog, you would place the order and it would be delivered by FedEx or UPS. Once delivered you would call the customer and they would pick it up. My concern is if it takes the customer a couple days to get there. Do you have a security system for your residence?

     Ms. Wimer stated we have two gun safes we have everything locked in.

     Mr. Sedlak asked do you have ADT or Pinkerton, anything like that.

     Ms. Wimer stated no, nothing other than a Rottweiler.

     Mr. Sedlak asked how do you plan to maintain and store the guns until a customer picks them up.

     Ms. Wimer stated we have to gun safes, they are bolted to the wall and floor. It would be awful hard to get it out.

     Mr. Sedlak stated I am not familiar with those. What are they made of?

     Ms. Wimer stated they are heavy steal.

     Bill Mosher stated they are like the old time safes. They are six feet tall, doors that open that way.

     Ms. Wimer stated these are key locks and the keys are locked away in another safe.

     Jean Droste stated do they have to do a background check?

     Ms. Wimer stated a background check and I call to make sure everything is okay before I can even sell the gun to that person.

     Jean Droste stated so it’s not like a gun show when you can come in and buy.

     Ms. Wimer stated no. It’s just as ordered.

     Terry Leasure stated nothing has changed other than you have moved.

     Mr. Mosher asked if she had any sales since you were approved in December.

     Ms. Wimer stated we were in between moving. We have people lined up they are just waiting on me to get approval. I want to wait until everything goes through before I sell to them.

     Mr. Mosher stated so you never got off the ground.

     Ms. Wimer stated no, not at the other house.

     Jean Droste stated I don’t know anything about guns nor do I want to, but why would people buy them from you rather than Wal-Mart? Are you cheaper?

     Ms. Wimer stated I can be it just depends on what kind of gun they are ordering.

     Jean Droste asked who supervises the background checks you have to run.

     Ms. Wimer stated I call it into the ATF.

     Marsha Graham asked how will people know you sell guns, will you advertise?

     Ms. Wimer replied we will advertise in the phone book and give out business cards. We won’t put any signs up and we do have an office area that has a door to the street. There are five doors to our house.

     Jean Droste asked if there are any other places in Circleville that sell guns.

     Ms. Wimer stated Hall Guns.

     Jean Droste asked does any one else sell guns from their home?

     Mr. Mosher stated nobody has applied for a Conditional Use Permit. We aren’t aware of any one else.

     Mr. Mosher stated I assume you sell through a catalog.

     Ms. Wimer stated yes, we will sell Winchester, Smith and Wesson and Ruger. We have been through all the companies.

     Ms. Graham stated have you ever considered with advertising in the yellow pages that someone may try to rob you?

     Ms. Wimer replied no not really, because we don’t keep any stock.

     Louis A. McFarland stated I have one concern. Last time you were in here I voted for your Conditional Use Permit. This time looking at the location where your home is which is diagonal from the school, I have concerns.

     Ms. Wimer stated we plan to change our business hours to after school. That way school won’t be in session when we are selling.

     Louis A. McFarland stated being next to the school really bothers me. A part of a Conditional Use is whatever we grant in an area is to be harmonious to the area and not have an adverse impact and I think there could be an elevated potential there with that kind of sales going on adjacent to a school.

     Ms. Wimer stated if we have after school hours no one would even know we are there, unless they know us.

     Bill Mosher stated if you are advertising by business card and phone book you will have distinct hours of operation and you will be open to the public. So anyone can come in to your house to browse through catalogs. You have side street parking on Pickaway and High Streets.

     Al Sedlak stated other than the cardio kickboxing the next block down are there any other business around there?

     Ms. Wimer stated the only other business I can think of is Greenlee’s and Napa down High Street.

     Bill Mosher stated this was a difficult issue the first time we talked about this now it’s even more difficult with the fact that it’s on the corner with a school cattycorner from it.

     Bill Mosher stated we need to act on this request one way or another. Contingencies can be put on the request.

     Marsha Graham stated I am not comfortable approving it even with contingencies with it being next to a school.

     Al Sedlak stated I voted against it last time and no offense but I am more uncomfortable with it now.

     Marsha Graham motioned to approve the Conditional Use Permit as requested, seconded by Jean Droste. VOTE ON MOTION: JEAN DROSTE, NAY; MARSHA GRAHAM, NAY; LOUIS MCFARLAND, NAY; ALAN SEDLAK, NAY; TERRY LEASURE, NAY; BILL MOSHER, NAY. 0 YEAS, 6 NAYS, 1 ABSENT (VINKOVICH). MOTION DENIED.

     The next item on the agenda was Variance #2-05, as requested by Annamarie Wimer, 165 East High Street, to install an 8’ x 12’ storage shed and to vary the maximum lot coverage allowed from 35% to 40.1%, in an area zoned R-5, Two Family Residential District.

     Bill Mosher stated you are looking for additional storage space.

     Ms. Wimer replied yes.

     Al Sedlak asked what the purpose for the additional storage space is.

     Ms. Wimer stated just for storage.

     Al Sedlak stated it appears they don’t have a full city lot.

     Bill Mosher stated it’s a nice house and there isn’t a setback variance, only coverage.

     Louis McFarland motioned to approve, seconded by Terry Leasure. VOTE ON MOTION: MARSHA GRAHAM, YEA; LOUIS MCFARLAND, YEA; ALAN SEDLAK, YEA; TERRY LEASURE, YEA; BILL MOSHER, YEA; JEAN DROSTE, YEA. 6 YEAS, 0 NAYS, 1 ABSENT (VINKOVICH). MOTION CARRIED.

     The next item on the agenda was Variance #3-05, as requested by Dave Cline, 103 West Main Street, Ashville, to install a 11’ x 3’ = 33 square foot sign at 1200 North Court Street for the Circleville Apothecary and to vary the maximum square footage allowed from the already varied amount of 180.51 square feet to 213.51 square feet and to vary the already varied amount of signs allowed from three to four, in an area zoned GB, General Business District.

     David Cline was sworn in and stated Bob Mabe decided with the new doctor’s office being built down there he would like to have a sign at the back of the building so the people from that area can see his pharmacy.

     Jean Droste stated so the people coming down Morris Road can see it.

     David Cline stated the reason for the 11’ x 3’ is it was the sign I took down that was the Advertiser. We are using it to cut down on the cost.

     Mr. Mosher asked if it would fit between the downspout and the electric.

     Mr. Cline stated yes, it will.

     Mr. Mosher asked if the sign would be illuminated.

     Mr. Cline stated it will be much like the one in the front of the building. There will be a beige background and maroon and green letters with a red cabinet.

     Al Sedlak stated when you are down by the doctor’s office on Morris Road you can’t see the sign on the side of the building.

     Jean Droste stated I can see why they want a sign there.

     Al Sedlak stated I don’t see where it would interfere with anything.

     Jean Droste motioned to approve, seconded by Terry Leasure. VOTE ON MOTION: LOUIS MCFARLAND, YEA; ALAN SEDLAK, YEA; TERRY LEASURE, YEA; BILL MOSHER, YEA; JEAN DROSTE, YEA; MARSHA GRAHAM, YEA. 6 YEAS, 0 NAYS, 1 ABSENT (VINKOVICH). MOTION CARRIED.

     Louis McFarland stated that we are being sued by Pat McNeill. Gayle Fosnaugh put together a timeline for Gary Kenworthy and Gary has a stack of papers to file with the court.

     Louis McFarland motioned to adjourn, seconded by Terry Leasure. All in favor, motion carried.






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