MONDAY MAY 1, 2006

7:00 P.M.


Board Members Present:      Nicholas Reynolds, Chairman

Dale Riggenbach, Vice Chairman

Phyllis McKean

Pan Aslanides

Floyd Fernandez, Alternate


Board Member(s) Absent:    Dennis Haas, Secretary


Trustee(s) Present:


Zoning Inspector:                  Keith Lasure




·        James A Whipkey of 7927 Columbus Road NE, Louisville, Ohio is requesting a Conditional Zoning Certificate for a home occupation to repair small engines.


·        Mark A. Bucher of 2913 – 4th St. NW, Canton, Ohio is requesting a variance for 8,770 sq. ft. instead of the allowed 12,000 sq. ft. for construction of a residence as required in Sec. 702.3 of the Nimishillen Township Zoning Resolution.  The property is located at 3973 Paumier Ave. NE, Louisville, Ohio, Hazelwood Terrace, known as Lot No(s) 156 & 157.


NOTE:  Because the CD recorder was not in working order at this time, the following minutes 

             are written solely from the township secretary’s notes and memory.


Chairman Nicholas Reynolds opened the meeting at 7:00 P.M. and introduced the Board of Zoning Appeals, Zoning Inspector Keith Lasure and Township Secretary Sharon Shaub.  Mr. Reynolds 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”.




James A. Whipkey stepped to the podium and stated he is requesting a Conditional Zoning Certificate for a home occupation for small engine repairs, i.e. mowers, because he has been unemployed for the past seven (7) months and needs to supplement his wife’s income.  He stated he would be repairing small engines in his garage.


Mr. Aslanides questioned the large building at the back of his property and asked about welding.  Mr. Whipkey said he would eventually be doing business out of the building and stated there would be some welding involved.


Mrs. McKean asked if there would be a lot of traffic in and out of his residence.  Mr. Whipkey said he did not know but he would mostly be picking up and dropping off mowers.

When asked about a sign, Mr. Lasure explained that with a home occupation, you are allowed to have a small sign.


Mr. Aslanides asked Mr. Whipkey where he would store older tractors and unused parts.  Mr. Whipkey said he’d have to haul it to the junkyard.  Mr. Fernandez reminded Mr. Whipkey the Zoning Inspector would be doing periodic inspections and had the right to revoke his Conditional Zoning Certificate if any rules were broken.


Mr. Whipkey was questioned about a large tarp with building materials stored under it.  Mr. Lasure said he walked the property with Mr. Whipkey, said the materials under the tarp are for the building under construction and that it is a nice building.  Discussion followed.


Mr. Reynolds asked if there was anyone present to speak either for or against this request for a home occupation.  There was no one.


At this time, Mr. Terry Kelly of 7907 Columbus Road stepped to the podium and said he has no problem with Mr. Whipkey running a business out of his home but that his only concern is noise.  Mr. Kelly said he gets up every morning at 4:30 to go to work and was concerned about noise all night long.  Mr. Lasure said there could be a stipulation for working hours.  After discussion, the Board agreed to add a stipulation for working hours to be between 8 AM and 8 PM, which was agreeable with Mr. Kelley.


With no further discussion, Mr. Reynolds asked for a ballot vote and for the vote to include a stipulation of working hours to be between 8 AM and 8 PM.


Mr. Aslanides motioned for a ballot vote, seconded by Mrs. McKean.  All voted yes.  Motion carried.  Voting went as follows: Floyd Fernandez – yes, Pan Aslanides – yes, Phyllis McKean – yes, Nicholas Reynolds – yes and Dale Riggenbach – yes.


Chairman Reynolds stated the request for the home occupation was APPROVED WITH THE STIPULATION OF WORKING HOURS FROM 8A TO 8P and instructed Mr. Whipkey to make arrangements with Mr. Lasure to pick up his permit.




Mark Bucher stepped to the podium and stated he is a small builder and does remodeling and is requesting a variance for square footage.  He stated he would be building one house (a small ranch with vinyl siding and vinyl porch rail) in the price range of $130,000 - $135,000.  He said it will be a spec home and said he does own the lots.


Mr. Reynolds said he spoke with one of the neighbors and this person was concerned about drainage on this particular lot.  Mr. Bucher said he would cut a swale to take care of the drainage problem and the downspouts will all go to the rear of the property.  Mr. Bucher also said he would fill in the lot with dirt.


When asked he if would be doing any landscaping, Mr. Bucher said no so that the drainage could be changed by the landscaper.  Discussion followed regarding landscaping and drainage.


Mr. Reynolds asked if there was anyone who wanted to speak for this variance.  There was no one.




Mr. Reynolds asked if there was anyone who wanted to speak against this variance.


Mr. Rodney Anderson of 3959 Paumier stepped to the podium and said he lives south of this lot.  He said he tried to buy this lot three years ago and the zoning inspector at that time, Mr. David Minor, told him he couldn’t because it was two lots and they couldn’t be split.


Mr. Anderson said he has nothing against building a house there – it would look nice – but his concern is that the water problem is a major issue.  He said water collects and drains to the SW corner of the property and the property cannot be mowed.  He doesn’t believe landscaping of any kind will stop the drainage problem and said there would have to be a lot of soil brought in and the neighbors would pay with water draining on to their property.  Mr. Anderson said he feels there are more cons than pros and there needs to be a plan for drainage.


Mr. Aslanides asked if the drainage would be worse by building a house on this lot.  Mr. Anderson said yes.  Discussion followed.


Mr. Fernandez commented the area looks like a wetland.  Mr. Anderson said that’s exactly what it is.  There’s stagnant water and it’s a breeding ground for mosquitoes.  More discussion followed.


The question arose as to who would be responsible for any drainage problems after the house was built.  Much discussion followed.


After discussion to ‘continue’ this case, Mr. Reynolds asked for an oral vote to ‘continue’ this hearing to June 5th, 2006.


Mr. Fernandez moved that this case be ‘continued’ until the next Zoning Board of Appeals hearing on June 5th, 2006 so Gary Conner with the Stark County Engineers Department could look at the drainage problem and recommend a solution on how to fix it, seconded by Mr. Reynolds. All said “I” - Motion carried.


The variance request by Mr. Bucher will be ‘CONTINUED’ to June 5th, 2006.


Old Business:


There was no old business to discuss.


New Business:


Mr. Riggenbach asked Mr. Lasure if he received a complaint for 4008 Burke Avenue.  Mr. Lasure said no but that he would check it out.


Approval of Minutes:


Mr. Fernandez motioned to approve the Minutes, as written, from April 3rd, 2006, seconded by Phyllis McKean.  All voted yes.  Motion carried.








Mr. Riggenbach motioned to adjourn, seconded by Mr. Aslanides.  All voted yes.  Motion carried.  The meeting adjourned at approximately 8:00 PM.




                                                                        Nicholas Reynolds, Chairman




                        Dale Riggenbach, Vice Chairman




Zoning Board of Appeals Minutes Folder:  ZBA – 2006, May 1, 2006 Minutes.doc