ZONING BOARD OF APPEALS
APRIL 4, 2005
Board Members Present: Dennis Haas, Chairman
Nicholas Reynolds, Vice Chairman
Louise Vance, Secretary
Trustee(s) Present: Todd D. Bosley, Vice President
Zoning Inspector: Keith Lasure
Chairman Dennis Haas opened the meeting at 7:00 P.M. and introduced the Zoning Board of Appeals, Zoning Inspector Keith Lasure and Trustee Vice President Todd D. Bosley. 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, “I do”.
first case that was heard was Robert P. King of
Mr. King said Keith stopped by about a month ago and advised
him he should apply for a variance in order to be in compliance with
zoning. He said he has one commercial
truck and two commercial trailers 350’ to 400’ off
Dennis Haas asked if this was used just for storage of equipment and asked if he had an office. Mr. King said he does store equipment but does not have an office. He stated all of his work is done off-site. There isn’t any advertising and the public does not come on the premises.
Mr. Haas asked the Board if they had any questions and asked Mr. King the actual size of the property. Mr. King said less than three acres.
Nic Reynolds asked if the equipment is kept inside the pole building. Mr. King said it is not stored in the pole building but sometimes the equipment is in the building.
Phyllis McKean asked how many years the equipment has been there. Mr. King said 30 years but the equipment is on the job site most of the time. Mrs. McKean then asked how many pieces of equipment he has. Mr. King said he has one commercial truck, two commercial trailers, one backhoe and one bobcat.
Dennis Haas explained if the Conditional Zoning Certificate would be granted, it would be renewable yearly.
Mr. Haas asked if there was anyone present who would like to speak in support of this variance. There was no one.
Mr. Haas asked if there was anyone present who would like to speak in opposition of this variance.
Mr. Ernest Chekan of
Mr. Chekan said there is a gulley and it’s a waterway between the two properties. He said Mr. King has a lot to clean up and about a week or so ago, Mr. King hauled away a large truck and trailer load of junk. He said Mr. King is trying but it will take time. He also stated he has no objection if Mr. King would bring in dirt and cover the trash.
Dennis Haas asked if the Board had any questions for Mr. Chekan. Dale Riggenbach asked if Mr. King still had tires as was shown in the pictures the Board had received. Mr. Chekan said Mr. King just took those recently. At this time, Mr. Chekan stepped up in front of the Board and discussion was held regarding the pictures of trash on Mr. King’s property.
With no further questions for Mr. Chekan, Zoning Inspector Keith Lasure said Mr. King has been working on cleaning up the property and has been very cooperative up to this point. Mr. Lasure stated Conditional Zoning Certificates are renewable yearly and if the property were not kept up, it would go before the prosecutor and the permit would not be renewed.
Dale Riggenbach asked Keith if he felt Mr. King would continue to clean up the property and dispose of the trash. Mr. Lasure felt he would if he continues as he has.
Mr. King stepped to the podium again and stated he does have a lot of used tires that are unusable that have accumulated over a long period of time. He said he does have tires for his equipment but the majority of them are not.
Dennis Haas asked Mr. King how long he has been attempting to clean up the rubbish. Mr. King said for as long as he’s been there (30 years). He stated they are constantly making a mess. Mr. Haas then asked how long the piles have been getting smaller instead of bigger and Louise Vance asked how long it would take him to clean up the property so everyone would be happy. Mr. King said those were really good questions.
Mr. Haas said having a mess like that (referring to the pictures) would be reason for a permit to be withdrawn and stated if a Conditional Use Permit were to be granted it would be on the condition that by next year it would be 90% cleaned up. Mr. King said he had no problem with that.
Phyllis McKean asked Mr. King if he could give a time frame as to when this would be cleaned up - 6 months, 8 months, 1 year? Mr. King told the Board to give him a time and explained he in the construction business and primarily he does residential swimming pools and said when he gets busy, its 12 hours a day, seven days a week. He said he does an entire years work in seven or eight months and the time he has for maintenance is very limited. He did state that he sees no problem getting rid of the trash within a year and hopefully it would be sooner.
Mr. Lasure said if the Board would grant this permit and the property isn’t cleaned up by next year, he would not reissue the permit and explained if this would happen, Mr. King would have to pay another $200.00, go before the Board again and start over. Mr. Lasure asked when payments are due for Conditional Use Permits. Secretary Sharon Shaub said the letters go out January 31st and payment is due by March 1st. Mr. King said he has no problem with that.
Dennis Haas said if this variance is permitted, the following comment should be put on the permit - Renewal subject to inspection and that it is predominately cleaned up.
At this time,
Dennis Haas asked the Board for a motion consistent with Mr. Lasure’s recommendation. Phyllis McKean motioned to accept what Mr. Lasure said regarding stipulations seconded by Louise Vance. Dennis Haas said they will vote on a Conditional Use Permit for a home occupation to be issued concurrently but renewal for next year would be contingent on the successful inspection by the zoning inspector. The variance for the Conditional Zoning Certificate was APPROVED. The voting went as follows:
Chairman Dennis Haas did another swearing in for those who arrived late 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. Those who arrived late responded by stating, “I do”.
Dennis Haas, Chairman
Louise Vance, Secretary