MINUTES

ZONING BOARD OF APPEALS

September 12, 2005

7:00 P.M.

 

 

Board Members Present:††††† Dennis Haas, Chairman

Nicholas Reynolds, Vice Chairman

Louise Vance, Secretary

Phyllis McKean

Dale Riggenbach

 

Trustee(s) Present:†††††††††††††† Russell L. Goffus

 

Zoning Inspector:††††† ††††††††††† Keith Lasure

 

Purpose:

       Rodney A. Brown, 4739 Maplegrove NE, requesting a variance for an accessory building

 

       Bob Collins with Evergreen Homes, 2732 Fulton Rd., NW, Canton, Ohio, requesting a variance for a residence, Lot #132, Chester Avenue

 

       All Seasons Homes, 12026 Georgetown St., Paris, Ohio requesting variances for a residence at 4325 Fruitland Avenue

 

 

Chairman Dennis Haas opened the meeting at 7:00 P.M. and introduced the Zoning Board of Appeals, Zoning Inspector Keith Lasure, Trustee Russ Goffus and Township Secretary Sharon Shaub.Mr. Haas swore in everyone in attendance by asking them to swear that the information they were about to present, either in oral or written form, was true and accurate to the best of their knowledge.The people responded by stating, ďI doĒ.

 

The first case heard was Rodney A. Brown of 4739 Maplegrove NE who is requesting a variance for an accessory building of 2,640 sq. ft. and a height of 26 ft. instead of the allowed 1,280 sq. ft. and height of 17 ft. as permitted in Sec. 602.4 of the Nimishillen Township Zoning Resolution which will allow for the storage of antique cars and tractors.

 

Mr. Brown stepped to the podium and stated he needs the extra height because he is trying to match some of the rooflines of his house and said he also needs the extra height because he has a backhoe with a boom on it.The primary use of the building will be for his antique tractors and muscle cars.

 

Louise Vance asked where the location of this building would be.Mr. Brown said it would be in the exact same spot as the unfinished pole barn (which was removed) and will sit parallel with the house.The 60 ft. wide part will be facing the house and the building will be 45 ft. from the property line.

 

 

There was no one in the audience to speak either for or against this variance and no correspondence was received regarding this variance.

 

With no more questions from the Board or further discussion, Dennis Haas asked for a motion for a ballot vote.Nicholas Reynolds motioned for a ballot vote, seconded by Louise Vance.All voted yes.Motion carried.The voting went as follows:

 

††††††††††††††††††††††††††††††††††† Dale Riggenbach†††††††† -†††††††††† Yes

††††††††††††††††††††††††††††††††††† Nicholas Reynolds††††† -†††††††††† Yes

††††††††††††††††††††††††††††††††††† Phyllis McKean†††††††††† -†††††††††† Yes

††††††††††††††††††††††††††††††††††† Louise Vance†††††††††††††† -†††††††††† Yes

††††††††††††††††††††††††††††††††††† Dennis Haas††††††††††††††† -†††††††††† Yes

 

Chairman Haas stated the variance was APPROVED and instructed Mr. Brown to make arrangements to meet with Mr. Lasure to get his permit.

 

The second case heard was Mr. Bob Collins with Evergreen Homes of 2732 Fulton Rd., NW, Canton, Ohio requesting a variance for a home to be built on Lot #132 WH Addmore Hts., Parcel No. 3307869, requesting a variance with a lot area of 7,200 sq. ft. instead of the required 12,000 sq. ft.The proposed address is on Chester Avenue NE, Louisville, Ohio.This is the requirement per Sec. 702.3 of the Nimishillen Township Zoning Resolution.

 

Mr. Collins stepped to the podium and stated he buys land for Evergreen Homes and builds homes in the Akron/Canton area.He said they are looking to construct a two-story frame house approximately 1,200 sq. ft. with a full basement and a one-car attached garage.The market value would be approximately $135,000.00.Mr. Collins said there would be 60 ft. of frontage and the lot is 120 ft. deep.He said the house would sit 35 ft. back from the road.Zoning Inspector, Keith Lasure, said it would be 40 ft. unless 35 ft. is requested with this variance, which would line up with the house to the north.

 

Dennis Haas asked the Board if anyone wanted to motion to include the 35 ft. setback.Nicholas Reynolds motioned to include the 35 ft. setback, seconded by Phyllis McKean.All voted yes.Motion carried.

 

Louise Vance asked Sharon if there was any correspondence.Sharon said the owner of Kehlís Florist called and was only concerned whether or not this was a mobile home.Kehlís has no problem as long as itís a house and not a mobile home.

 

Dennis Haas asked if anyone was opposed to this variance.

 

Mr. Ken Roth of 4105 Chester Avenue stepped to the podium and stated all the neighbors feel the lot is too small for a house.Mr. Roth lives to the west of the lot and presented a petition against this variance signed by his neighbors.Those who signed the petition are:

Kenneth Roth, Laura Dawson, Rita Kuhn, Mary Ann Bartlett, Carol Andrews, Dorothy Kirkpatrick, Ann Kennedy and Carolyn Mayle. (Copy attached)

 

Dennis Haas asked if anyone wanted to speak in favor of this variance.There was no one.

 

 

With no further discussion, Dennis Haas asked for a motion for a ballot vote reminding the Board they would be voting for the lot size and the setback.Phyllis McKean motioned for a ballot vote, seconded by Louise Vance.All voted yes.Motion carried.The voting went as follows:

 

††††††††††††††††††††††††††††††††††† Dale Riggenbach†††††††† -†††††††††† Yes to both variances

††††††††††††††††††††††††††††††††††† Nicholas Reynolds††††† -†††††††††† Yes to both variances

††††††††††††††††††††††††††††††††††† Phyllis McKean†††††††††† -†††††††††† Yes o both variances

††††††††††††††††††††††††††††††††††† Louise Vance†††††††††††††† -†††††††††† Yes to both variances

††††††††††††††††††††††††††††††††††† Dennis Haas††††††††††††††† -†††††††††† Yes to both variances

 

Chairman Haas stated the variance was APPROVED and instructed Mr. Collins to make arrangements to meet with Mr. Lasure to get his permit.

 

The third case heard was All Seasons Homes of 12026 Georgetown St., NE, Paris, Ohio requesting three variances for a new residence: 1) 45 ft. setback rather than the required 80 ft. setback at the foundation line, 2) 7.5 ft. setback from the side yard width rather than the required 10 ft. and 3) 7,500 sq. ft. rather than the required 12,000 sq. ft.These are the requirements per Sec. 702.3 of the Nimishillen Township Zoning Resolution.The property is located on Lot No. 97 in Frantz Addition No. 2 on Fruitland Avenue NE, Louisville, Ohio, Nim. Twp., SWQ 29.

 

Due to the fact the Board members sometimes have trouble finding what lot(s) they need to check, Dennis Haas said lots should be clearly marked.Keith Lasure assured the Board lots would be clearly marked in the future.

 

Robert Mastri of 12026 Georgetown St., NE, Paris, Ohio stepped to the podium and said this would be a 1-1/2 story house on Fruitland, 1,500 sq. ft., two car garage and a full basement and will have vinyl siding with some brick on the front to dress it up.

 

Discussion was held on the setback.Dennis Haas asked for a motion to add a 4th variance.Dale Riggenbach motioned to add a 4th variance of 35 ft., if needed, seconded by Phyllis McKean.All voted yes.Motion carried.

 

Dennis Haas asked if there was anyone present who wanted to speak in support of this variance.

 

Dean Mickley of 1749 Airpark Drive, NE, Louisville, Ohio stepped to the podium and spoke about the double lots and said the street behind the lots is a dead end.He said it was platted in the 20ís or 40ís and said sewer was never brought to that lot; therefore, it was never a buildable lot and said thatís why the setbacks behind it would not be a problem.Discussion followed.

 

 

 

With no correspondence and no further discussion, Dennis Haas asked for a motion for a ballot vote on the four (4) variances.Nicholas Reynolds motioned for a ballot vote on all four variances, seconded by Dale Riggenbach.Dennis Haas reminded the Board one vote would cover all four variances.All voted yes.Motion carried.The voting went as follows:

 

††††††††††††††††††††††††††††††††††† Louise Vance†††††††††††††† -†††††††††† Yes to all four variances

††††††††††††††††††††††††††††††††††† Dale Riggenbach†††††††† -†††††††††† Yes to all four variances

††††††††††††††††††††††††††††††††††† Phyllis McKean†††††††††† -†††††††††† Yes to all four variances

††††††††††††††††††††††††††††††††††† Nicholas Reynolds††††† -†††††††††† Yes to all four variances

††††††††††††††††††††††††††††††††††† Dennis Haas††††††††††††††† -†††††††††† Yes to all four variances

 

Chairman Haas stated the variance was APPROVED and instructed Mr. Mastri to make arrangements to meet with Mr. Lasure to get his permit.

 

Old Business: There was no old business to discuss.

 

New Business: Discussion was held regarding a pending variance for next month on Curtis Bates, owner of Johannings Cabinet.

 

Approval of Minutes: Phyllis McKean motioned to approve the Minutes, as written, from August 1st, 2005 seconded by Louise Vance.All voted yes.Motion carried.

 

Adjournment: Phyllis McKean motioned to adjourn, seconded by Louise Vance.All voted yes.Motion carried.The meeting adjourned at 7:56 p.m.

 

 

 

 

††††††††††† __________________________________

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Dennis Haas, Chairman

 

 

 

 

††††††††††††††††††††††††††††††††††† __________________________________

††††††††††††††††††††††† Louise Vance, Secretary

 

 

 

 

Zoning Board of Appeals Minutes Folder:2005, September 12 ZBA Minutes.doc