BOARD MEMBERS:          Nicholas Reynolds

                                                Dennis Haas

                                                Dale Riggenbach

                                                Pan Aslanides

                                                Floyd Fernandez, Alternate


TRUSTEES(S) PRESENT:   Lisa Shafer, President


ZONING INSPECTOR:       Keith Lasure




Tom Rapp of 9013 Scott NE, Louisville, OH is requesting a Conditional Zoning Certificate for a home occupation to operate his existing business, Rappid Plumbing & Drain Service, subject to Article XI Subsection 115 Paragraph A of the Nimishillen Township Zoning Resolution.


Frank Zevgolis of 4030 Swallen NE, Louisville, OH is requesting a Conditional Zoning Certificate to operate a home based business, MX Bonz, in an accessory building located on his property to manufacture and sell motorcycle and off-road equipment subject to Article XI Section 115 of the Nimishillen Township Zoning Resolution.


Zoning Board of Appeals Chairman, Nicholas Reynolds, opened the meeting at 7:00 PM and introduced the Zoning Board of Appeals, Zoning Inspector, Township Secretary and Trustee Lisa Shafer.  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, is true and accurate to the best of their knowledge.  The people responded by stating, “I do”.




Tom Rapp of 9013 Scott NE, Louisville stepped to the podium and said the business is his sole source of income for his four children and himself and asked the Board to show leniency and grant him a Conditional Zoning Certificate for a home business.  He has been operating Rappid Plumbing at his residence for two years.


Dale Riggenbach asked Mr. Rapp about his plans for the white Ford truck sitting in the driveway without current plates.  Mr. Rapp said he has a buyer for some of the tool boxes in the rack and after that, he will scrap the truck.


Pan Aslanides asked Mr. Rapp about the hot water tanks in his driveway.  Mr. Rapp said that he has removed the tanks.  Mr. Aslanides asked Mr. Rapp if the tanks he removed from people’s homes would sit in the driveway.  Mr. Rapp said if he’s close enough to the scrap yard, he’ll dispose of them then.  If not, he said he brings them home and scraps them at some point or sometimes if he has two or three jobs back to back and there’s more than one water heater for the job, he has to remove them from the van to get the new water heaters in.  Mr. Rapp said the transition time hasn't been very efficient but said he would try to do better.


Dennis Haas asked if the nature of his business was making service calls.  Mr. Rapp said yes and stated no one comes to his house.  Mr. Haas then explained to Mr. Rapp if the Board would grant a Conditional Zoning Certificate for a home occupation, it’s a conditional use and is renewable yearly and if the property starts to look like it’s a business, it can be revoked.  Mr. Rapp said Mr. Lasure has made him aware of that.


Dale Riggenbach said if too many complaint are received about hot water tanks in the driveway, his permit can be revoked.


Mr. Riggenbach said there is a complaint about a jeep in the back.  Mr. Rapp said he knows it needs to be removed stating it belongs to his brother but part of the problem is that the jeep is frozen to the ground and to move it immediately was not an option.  After discussion, the Board stipulated that Mr. Rapp must remove the jeep by this coming spring, 2007.  Keith Lasure will keep check on it.


With no further questions from the Board, Nicholas Reynolds asked if there was anyone present who wanted to speak on behalf of Mr. Rapp.


Vickie Rapp of 708 Rainbow Drive stepped to the podium and stated she would like the Board to take consideration that there are numerous businesses being run in the township including White Lightning Fence Co. and felt it would be unfair to single out Mr. Rapp’s business.  She said Mr. Rapp has no one coming to the home and also has a PO Box where all the billing comes in and goes out.  She said they have considered hiring someone to come weekly to remove the scrap.


Mr. Lasure said Mr. Rapp made him aware of the fencing company and stated he will take care of it shortly.  Mr. Lasure said he had some issues with Mr. Rapp’s business, but he feels it has all been straightened out and said Mr. Rapp has made a big improvement keeping the property cleaned up.  Mr. Lasure said he doesn’t think they can deal with leaving water tanks in the driveway for a week but outside of that, he has no problems with Mr. Rapp’s business at his residence.


Mr. Lasure said he received one negative phone call about the jeep and another call from a neighbor stating Mr. Rapp is a nice guy but didn't like the tanks in the driveway but as long as the hot water tanks were gone, he had no problem with the business.


With no one else to speak either for or against the variance request, Mr. Reynolds asked for a motion from the Board.


Dennis Haas motioned for a ballot vote, seconded by Dale Riggenbach with Dennis Haas amending the motion subject to the clean up of the jeep by June 2007 and the amended motion was seconded by Pan Aslanides.  MOTION CARRIED.  Voting is as follows:


Pan Aslanides               Yes

Dennis Haas                 Yes

Dale Riggenbach           Yes

Floyd Fernandez           Yes

Nicholas Reynolds        Yes


Chairman Reynolds stated the Conditional Zoning Certificate was APPROVED and instructed Mr. Rapp to make arrangements to meet with Mr. Lasure to get his Conditional Zoning Certificate.




Attorney Bob Soles of 6531 Market – Suite #100, North Canton, OH, representing applicant Frank Zevgolis, stepped to the podium.  Attorney Soles said he is also a 12-year member on the Plain Township Board of Appeals.


Attorney Soles said Mr. Zevgolis is requesting a Conditional Use Certificate in order to operate a home occupation, namely MX Bones, out of his home and also an accessory building, which is adjacent to his home.


Attorney Soles said he and Mr. Zevgolis can establish the undue hardship necessary to grant the variance.  Attorney Soles said he believes they meet all the other requirements for the home occupation with the exception of the accessory building for which they are seeking the variance.  He said Mr. Zevgolis moved here from Maryland.  His fiancé is from this area and moved to this area to spend time with her and be closer to her family.  Attorney Soles said Mr. Zevgolis operated his business, MX Bones, from a garage in the State of Maryland stating it’s a very small operation.  He essentially found this house on Swallen on the Howard-Hanna Web site and communicated with the realtor and made the realtor aware that it was necessary for him because this is his livelihood – the only way he earns a living – and had to find a location in which he could operate his business.


Attorney Soles said the realtor represented to Mr. Zevgolis that yes, this was no problem, they investigated it stating Kandel’s Heating & Air Conditioning operated out of the accessory building (garage) since 1974.  It’s also listed in the yellow pages of the phone book as Kandel’s Heating at that address (4030 Swallen).  Attorney Soles said Mr. Zevgolis was again assured this was not a problem and didn’t think there was an issue.


Mr. Zevgolis then went to see Mr. Lasure to get a permit to expand the accessory building and Mr. Lasure brought it to Mr. Zevgolis’ attention that he didn’t think he could do that and from Mr. Zevgolis’ perspective, he just paid $185,000.00 for a house.  Attorney Soles said this is Mr. Zevgolis’ only means and source to pay the mortgage and live here.  Attorney Soles and Mr. Zevgolis have been trying to figure out what happened and have been communicating with Howard-Hanna as to why those representations were made.  Nevertheless, Attorney Soles stated that this has gotten them nowhere at this point.


Attorney Soles said the business is essentially a company where Frank makes after-market components for motorcycles.  At this time, Attorney Soles showed a picture to the Board of what Mr. Zevgolis does.


Attorney Soles said basically Mr. Zevgolis has no employees – just himself.  There are no signs and stated he does not want any signs.  He uses the post office to deliver taking everything to the post office himself – small items he essentially ships out.  Mr. Zevgolis picks up the materials and brings them to his place.  On occasion, once a month or so, maybe a UPS truck might deliver to his residence – nothing you wouldn’t see in a normal neighborhood.


Atty. Soles said Mr. Zevgolis has a C&C Machine, which basically is a machine that you would essentially plug in to computer stuff and it cuts the size of whatever the metal is.  The attorney said Mr. Zevgolis uses that probably one to two weeks out of the month.  Paperwork is all done in the house.  The noise is very minimal stating he does have an air compressor and that’s the loudest thing.  It would be well insulated.  He’s on a 9-acre parcel.  Atty. Soles said it’s his understanding Mr. Zevgolis spoke with the neighbors and there were no objections.


Attorney Soles said he does have an overhead sketch which shows his property in the center and said as you can see, its right next to a big bank of trees stating there’s plenty of distance between the surrounding neighbors relative to the operation of this business.  Atty. Soles said he basically thinks Mr. Zevgolis can tell you what hardship this would put upon him not being able to operate his business.


Mr. Zevgolis said basically he would not be able to pay his mortgage and would be in default of everything.  He said he cashed in his IRA to have a down payment.  He said there were several properties he was considering but when he saw this particular property, they really liked Louisville, and the realtor assured him that since there’s a business already there, it would be no problem – just a continuance of use basically – so Mr. Zevgolis said he didn’t think there was any problem at all.  He said he sold every bit of investment he had to come up with the down payment and didn’t think there was going to be a problem.


Pan Aslanides asked Mr. Zevgolis if he ‘melted’ there.  Mr. Zevgolis said no – what he basically does is buy bar stock, i.e. 6’ bars – 12’ bars of aluminum and said he has a metal cutting band-saw and saws the bars to a specific size they need to be – squares – and he puts them into a vice or fixture within the machine.  The machine is about 6’ – 7’ square – a cube basically – and said that’s his biggest piece and said he has a very small lathe also stating those are his three basic machines.


Pan Aslanides asked if he stamped it out of the bar.  Frank said it mills it- it’s a milling machine – which basically you develop a computer program for the shape of the part, it selects the tool and does the particular operation per the tool and then changes to another tool and it’s all contained within the machine so you really don’t hear any noise from the machine.


Dale Riggenbach asked if the machine had a surround around and doesn’t allow the sound to go out.  Frank said exactly – it uses an air compressor to power the automatic tool changer within the machine and that is louder than the machine itself.


Dale Riggenbach asked if he would be doing any stamping or foundry work at all and Mr. Zevgolis said no.  Dale said so this is basically parts that you do here.  Mr. Zevgolis said yes – they are all really small parts – small engine types of things.


Dale Riggenbach then asked if he was basically into the BMX Motorcycles Dirt Bikes.  Mr. Zevgolis said basically he’s a wholesaler and has a web site and there’s a small shopping cart on it but primarily the web site is for the purposes of the dealerships.  Andrea Cycle, Kings Sports Center and State 8 Motorcycles are his three accounts in this area but stated he has a handful of dealerships in about every state.  He said he just calls them and makes his sales that way.  Mr. Riggenbach asked him if he was planning to sell out of his garage.  Mr. Zevgolis said no sir stating he has a shopping cart on his web site and said dealing with the public is kind of a hassle and said he’d rather send five things to one place than one thing to five places.


Pan Aslanides commented that if the Board would allow this business and if he became successful, what happens to a small business is that it grows and is no longer a small business stating Mr. Zevgolis is in a neighborhood.  Mr. Aslanides said it seems silly because it’s a big neighborhood, but still it’s a neighborhood.  Pan said lets say you start expanding.  Then what do you do.  Pan continued commenting that Mr. Zevgolis would be there a couple years, maybe want to do stamping stating he’s been there and it’s not that bad – a little noise – a little bit of thumping.


Mr. Zevgolis responded by saying at that point, if it gets to a volume that one guy can’t do everything and would need to hire people, the next logical step would be to secure a commercial space and expand the business.  He said he basically started with a gear bag and about $100.00 worth of overflow tubing and went around to dealerships and grew that way – one step at a time.  He said now he’s at the point where most all his manufacturing is in the house with the equipment he has and just about anything else he would be able to do would entail other people assisting in the operation.  At that point he said it would really be too big to house within his domicile but stated he’s not really sure how big he wants to get.  Mr. Zevgolis said right now, it’s comfortable and he can sustain himself and his family on it.


Dale Riggenbach asked Mr. Zevgolis if it was safe to say that he wouldn’t have a bunch of Harleys or Choppers riding down the street and making a bunch of noise.  Mr. Zevgolis said no.  Mr. Riggenbach then asked about the dirt bikes and if he was planning on using his property for the dirt bikes and asked if people would be coming to ride dirt bikes.  Mr. Zevgolis said no – basically it’s private property.  He said he does have a dirt bike, said he’s 48 years old, and only takes about three laps around the property stating he would not be out there all day and as far as having people there, he said he really doesn’t want to do that due to liability issues if someone would get hurt.


Dennis Haas said he saw on the application that Mr. Zevgolis is also applying to enlarge the building.  Mr. Zevgolis said he was originally when he thought everything was going to be free and clear for him to run his business because there was an existing business there previously and in the meantime, he’s had to hire a property lawyer and a lot of other things because he didn’t know it would be illegal for him to operate his business.  He said for the first two months he was here, he was pretty much scared to do any business at all.  He said this has put him into a place where now he’s driving 6-hours to Maryland to make his parts once a month – every other week - and in the meantime his mom has been diagnosed with cancer, which has been rough and being 6-hours away, it’s a pretty stressful situation.  He said he’s getting through it, but it’s tough.  He said he has spent a lump of his savings that he planned to make expansions with but said that’s completely off the table at this point.


Floyd Fernandez referred to the statement made by Attorney Soles about having a parcel of nine acres.  Mr. Fernandez said that’s a false statement.  Attorney Soles said he was told its seven acres with an additional two acres.  Mr. Fernandez said Mr. Zevgolis has two parcels, which make up nine acres.  Atty. Soles said yes.  Mr. Fernandez said Atty. Soles said it was a parcel of nine acres stating its two parcels – not one parcel.  Atty. Soles said he was told he had nine acres and said he was not here to make false statements.  Atty. Soles said the indication was Mr. Zevgolis had nine acres.  Mr. Fernandez asked if he was going to build, would there be enough room in the back by the garage to cover that.  Mr. Fernandez said it seems to him that the front of the house has most of the acreage.


Attorney Soles said there are no plans to expand or build and said he wasn’t aware it was two parcels.  He thought it was one nine acre parcel.  Atty. Soles apologized if he misspoke stating it was certainly not his intent to make any false representations.


Nicholas Reynolds asked Mr. Zevgolis if he just wanted to go for the Conditional Zoning Certificate at this point.  The attorney said it would just be a Conditional Zoning Certificate to allow a home occupation allowing him to use the existing accessory building, which is the red garage on the property.  Atty. Soles said the Zoning Board of Appeals can review it each year to see if there’s any problems.


Dale Riggenbach asked if the blue building up on the left belonged to Mr. Zevgolis.  Mr. Zevgolis said it belongs to his next door neighbor and said the Chevy Van sitting there was left by the previous owner with a lot of duct material and tools still in the van.  Mr. Zevgolis said he’s been calling him trying to get him to remove it as it has been bothering him as well.


Pan Aslanides asked Mr. Zevgolis if he had any recourse against the realtor.  Attorney Soles said ultimately they would have to proceed through litigation to establish a claim against the realtor and said that’s obviously very costly and an expensive procedure with no guarantee of success for Mr. Zevgolis.


Attorney Soles said that’s obviously why they are here this evening to avoid going that route.  The attorney said with the given facts and situation and hardship that Mr. Zevgolis has expressed, hopefully the Board will look favorably upon his request.


Nicholas Reynolds asked the Board if they had any other questions.


Attorney Soles said there have been other cases stating he did a little research and so that the Board is aware, there have been cases – one out of the 5th District Court of Appeals, which is in this district, which does permit you to grant a variance in this type of situation.  This particular case was a cabinet making business that they permitted to occupy an accessory building stating there are cases out there to substantiate it.  Atty. Soles said it’s obviously within the Board’s discretion for a decision based upon the testimony tonight.


Dale Riggenbach asked Frank if he feels he would be a nuisance to the neighbors.  Frank said certainly not.  Mr. Riggenbach asked if he thought he would be making too loud of noise and Frank said no.  Dale then asked Mr. Zevgolis what his working hours would be.  Mr. Zevgolis said basically daytime hours.  Dale asked Mr. Zevgolis if he would be working after 7 or 8 PM and Mr. Zevgolis said no.  Mr. Riggenbach then asked if he would be working any weekends.  Mr. Zevgolis said no, other than Saturday mornings from about 8 AM to 12 Noon.


Keith Lasure said if you go to the Zoning Book on Page 69, Article 115, it very clearly says such uses shall be conducted entirely within the dwelling unit and no use of any accessory building or yard space shall be permitted.  Mr. Lasure said as far as he’s concerned, this request boils down pretty much to spot zoning.  Mr. Lasure said he sees no way the township can support or permit this.


Attorney Soles said he thinks the township’s own Zoning Resolutions provide that the Board has the ability to grant a variance from the little resolutions and said that’s the purpose for a variance – you have specified provisions within zoning to provide certain things.  The Zoning Codes specifically provides you to grant a variance.  Case Sikafoose v BZA in Green Twp.(in Ashland County) specifically provides that right and states it’s a cabinet making business the court allowed because the BZA permitted them to essentially grant a variance to a Conditional Use Permit.  The Atty. said it happens all the time in Plain Township where Conditional Use Certificates that are issued.  An example is one he recently had where it says you can only have two employees.  They came in and said they wanted F-3.  Atty. Soles said that was a variance from the specific requirements of the Zoning Resolution and he said they went ahead and actually granted that one.  Atty. Soles said he does think the Board has a right to grant a variance from the specific requirements from what is specified in the Zoning Resolution.

Dennis Haas said he went back and looked at the ORC and it does talk about Conditional Zoning Certificates, which by their nature are already variances.  The very nature of a Conditional Use Permit is a variance.  It says the BZA may grant Conditional Zoning Certificates for use of land, buildings or other structures if such certificates for specific uses are provided for in the Zoning Resolution.  Mr. Haas said they are defining conditions under which you can issue Conditional Zoning Certificates.


Mr. Haas then said if he turns to our Zoning Resolution, it talks about the permitted uses of which it mentions you cannot use accessory building - and then lists conditionally permitted uses, which are referenced in the ORC.  Mr. Haas said there are 12 specific uses and the fourth of those twelve is home occupations subject to Subsection 115, which Mr. Lasure mentioned.  Subsection 115, Paragraph A specifically says such use shall be conducted entirely within the dwelling unit and no use of any accessory building or yard space shall be permitted.  Mr. Haas said of the twelve, none of them say…’or areas where there’s a hardship’.  The very nature of this is already a variance that the Board can grant under specific uses and it lists those twelve.  Mr. Haas said the one this falls under is totally defined there.  Mr. Haas said it’s his opinion that the Board does not have the authority to grant this.  Mr. Haas said he’s reading Nimishillen Township Zoning Resolution (not Green’s) and no where does it say you can do it if it’s a hardship.


Atty. Soles said in the section Power and Duties in the Nimishillen Township Zoning Resolution, it provides that the Board shall have the power to authorize it upon appeal – such variance from the terms of the Zoning Resolution as will not be contrary to the public interest owing to special conditions a literal enforcement of this of this Resolution will result in unnecessary hardship.


Mr. Haas said that is consistent with ORC 519.14 Subsection B and then C – the next paragraph it says Conditional Zoning Certificate for use of land, buildings and structures, if such certificates for specific uses are provided for in the Zoning Resolution.


Attorney Soles said that use is provided for a home occupation and Mr. Haas said subject to subsection 115 and Mr. Soles said Subsection 115 permits you to grant a variance from those sections.


Mr. Haas said no – 115 says it cannot be an accessory building.


Attorney Soles said that’s one of the provisions it’s providing for – that’s not a use – the use is the home occupation within the proper.


Mr. Haas said to him, a Conditionally Permitted Use is by definition already outside of zoning where in a residential area, they’re saying under certain circumstances you may request a home occupation permit subject to those restrictions.  Mr. Haas said this is a variance beyond a variance.


Atty. Soles said this case (which is the 5th District) basically provides that a Township or Zoning Board has the power to permit variances in the terms of Township Resolutions and they go on to read exactly what Mr. Haas just read – for special conditions and unnecessary hardship.  Atty. Soles said we find that ORC Section, which Mr. Haas is referring to, 519.14B, is broad enough to allow the ZBA to grant a variance for commercial or industrial use if the use meets the tests put forth in the statute and in this case, it was specifically a cabinet shop that they permitted to operate in an accessory building.  They had a home occupation and they permitted that use outside of that.


Mr. Haas asked if their home occupation would not allow accessory building use.  Atty. Soles said it did not and said these people were using their house for the cabinet making business, they built another house on the property and then moved to the other home and the neighbors were complaining they were using this as an accessory building and the neighbor filed an appeal saying you’re not permitted to do that.  Ultimately, the Board heard it and made the determination and it went to the Common Pleas Court of Appeals and they favored in this situation and it was permitted.


Atty. Soles said he does think it’s permissible that you could find that there is unnecessary hardship and feels the Boards does have the authority to grant Mr. Zevgolis’ request based on the testimony.


Keith Lasure said he does have some compassion for Frank because he is in a jam but the fact is:

1) He doesn’t even have his equipment here – it’s in Maryland

2) It’s his responsibility to check the zoning before he purchased the property, and 3) If there’s any hardships put on here, it’s been put on because he failed to do


Mr. Lasure said since he’s been Zoning Inspector, he had no idea Kandel even ran a business there nor was there ever a complaint.  Mr. Lasure said it’s his opinion Frank’s problem is with the real estate company and he needs to get that straightened out.  According to our Zoning Resolution, we cannot allow an industrial business in an R-1 Single Family Residential District.


Discussion was held between Dennis Haas and Attorney Soles about the case in Green.


Attorney Soles said Frank did the right thing by going to Mr. Lasure and if he had not, no one would even know about it.


Pan Aslanides said yes, sometimes by doing the right thing, this is what happens.  Pan said there are a lot of businesses in the township but we do not actively go knocking on doors searching for them and until someone complains, no one knows and at that time, Mr. Lasure then gets involved.


Mr. Aslanides said with this happening and Frank having to get an attorney, it stopped the permit for a building and now it’s before the ZBA.  Pan said once Frank is back on his feet, he’ll be back here because he obviously needs a bigger building.  Attorney Soles said the reason he needed a bigger building is because the concrete was uneven and he needed to put a good foundation to put his machines on but will now have to make due with what he has.


Atty. Soles said as far as the neighbors go, no one had anything against the business.  Discussion followed.


Attorney Soles said this is Mr. Zevgolis’ only source of income and to shut it off puts him in a bad situation.  He said as far as Frank checking on the zoning, he lived in Maryland and relied on the realtor to make the decision and the decision was based on the fact that there was already a business there and Frank really didn’t have any thoughts or needs to believe it would be any different for him.


Mr. Lasure said we’ve had three opposing phone calls regarding the variance.  Attorney Soles said for purposes for the record, he would like to note an objection to that stating if no one is here to provide any testimony or any affidavits signed relevant to this, that’s improper evidence.  Mr. Lasure stated in the letter we send to the neighbors, it gives them the option or either call or come to the hearing.  Again, Atty. Soles said a case before the ZBA should be in the form of a testimony.  He said he does not have an opportunity to question these people as to why they object and again referred to the case in the 5th District Court of Appeals.  Discussion followed.


Pan Aslanides said his concern is the attorney holds that piece of paper with the ruling but the thing is, say, if we would vote for it, then everybody who wants a building to do whatever they want to do will come and say well you let Mr. so and so do it.  Pan said it’s not the 5th Court or anything big, it’s what the ZBA did and questions how could he justify granting one and not another stating there’s a reason we have rules.


Atty. Soles said it’s like any variance – each case is different and you have to listen to the facts and circumstances of each case and listen to the issues dealing with that specific case.  Discussion followed.


Mr. Riggenbach said we have to be careful because this is R-1 and if you do it for one, then everyone else wants it, too, and might not have as much acreage as Mr. Zevgolis.  Discussion followed.


Mr. Lasure said there is a property one street over from Mr. Zevgolis which is in the prosecutor’s hands now and will be shut down.  It’s a home business.  They are not manufacturing anything but are displaying the product and running an open business outside on the property.  Mr. Lasure questioned where do we start and were do we stop.


Mr. Haas said his concern is this isn’t a variance for a permitted use.  We already list the conditional uses for a permit and this is 180 degrees from the specifics listed for that conditional use.


Atty. Soles asked the Board if they had any other questions.  Mr. Reynolds asked the Board if they had any other questions.  They did not.


Mr. Reynolds then asked if there was anyone present who wanted to speak either for or against this variance.


Mr. Robert Meadows of 3600 Swallen stepped to the podium and said he’s not sure if he’s for or against it.  He said he lives in an R-1 District which means there are no businesses allowed.  Mr. Meadows said he feels Frank’s issues are with the realtor and not the Zoning Board of Appeals because he was given false information from the realtor.  Mr. Meadows said yes, it’s a hardship but he can’t imagine buying a house in an R-1 area and expect to run a business without thinking it through.  A home business in a home is different than a business that has grown so big that you need and accessory building to run it; therefore, he thinks the business is too big for a home occupation permit.


Mr. Meadows said the other side of this is it’s a one year permit and feels possibly in one year, he will probably be back saying he objects to Mr. Zevgolis’ business.  He said he would not object to it if there were no sales from the home, no employees other than him, no signs and no sales or service of motorcycles.  He said he doesn’t see it as a big issue if it all stays within that building and there’s no noise, but his biggest objection would be a sign out front.  He said once he moves his equipment here from Maryland, in a year it would be harder to deny him his business.


Atty. Soles said within one year, Mr. Lasure has the right to check it out and monitor it and if he’s not acting within whatever perimeters this Board wants to set and if Mr. Zevgolis fails to comply, the Stark County Prosecutor’s Office can boot him out.


Mr. Lasure said if it would be the choice of the Board, what do we do when others want to come in and start industrial businesses in this particular R-1 area.  If this is granted, these other people cannot be refused.


Mr. Lasure said the fact of the matter is, you’re bringing an industrial business into an R-1 Single Family Residential District stating this is something Mr. Zevgolis will not be doing in his home – it’s a manufacturing business.


Dale Riggenbach asked if Mr. Zevgolis had a bigger garage to start with and didn’t need an accessory building, would he be permitted to run the business, i.e. a two-car garage that was attached to his house.


Attorney Soles said if the building was connected to the house, yes, it could be used to run a business.


Dennis Haas read again – such use shall be conducted entirely within the dwelling unit so dwelling unit would be defined and continued – no use of an accessory building or yard use shall be permitted.  Discussion followed.


Keith Lasure said it’s still an industrial complex in an R-1 District.  It doesn’t matter if it’s in the house or if it’s in another building.  Mr. Lasure asked if we can move an industrial business into a residential area.  Mr. Lasure said Atty. Soles comments do have some truth – if that structure is completely within the same foundation – the walls and the roofing together and also the people live within that dwelling that use it – there’s a possibility BUT you’re still bringing Canton Forge in the middle of an R-1 area.  Mr. Lasure said home business was designed for hair dressers and accountants, etc. and said the fact is, this is an industrial operation.


Dennis Haas clarified this is not for a building permit – it’s for a Conditional Zoning Certificate / Use Permit and went over Subsection 115 again.  This does not meet that requirement.


Attorney Soles said hairdressers have a lot of traffic and a lot of people – much more intrusive than what Mr. Zevgolis wants to do.  He said that’s not a legitimate argument.  It’s certainly an issue but each case has to be looked at individually.


Mr. Reynolds asked if anyone else wanted to comment on this case.


With no further discussion, Dennis Haas moved to take a ballot vote, seconded by Floyd Fernandez.  MOTION CARRIED.  Voting is as follows:


Pan Aslanides               No – Because the accessory building is detached from the

                                              main building and it’s an R-1 Single Family

                                              Residential District

Dennis Haas                 No - Because such use does not meet the criteria under

                                             which we have authority to issue a conditional use


Dale Riggenbach           Yes – With review by the Zoning Inspector

Floyd Fernandez           No – Because use does not meet the necessary criteria

Nicholas Reynolds        Yes – Because he felt there would not be a noise issue, the

                                              fact there would be a yearly review and also based

                                              on the acreage involved on Mr. Zevgolis’ property

                                              and the neighboring properties


Chairman Reynolds stated the request for a variance for a Conditional Zoning Certificate for a home business in an accessory building in an R-1 Single Family Residential District was DENIED.




There was no old business to discuss.


Dale Riggenbach asked if it was allowed that they could enter into Executive Session to discuss cases as the Trustees do.  Secretary, Sharon Shaub, said she didn’t know but what they could have done was ‘continue’ the case to another date if a decision could not be reached.  By continuing a case, it would not have to be re-advertised and neighbors would not have to be notified again.




Nick Reynolds announced that Phyllis McKean resigned effective January 24, 2007 and motioned for the Board to accept her resignation and hope that she is well and okay, seconded by the entire Board.  MOTION CARRIED.




Dennis Haas motioned to accept the Minutes of July 10, 2006 as written, seconded by Nicholas Reynolds.  MOTION CARRIED.




Nicholas Reynolds asked for a nomination for Chairperson.  Dennis Haas nominated Dale Riggenbach, seconded by Nick Reynolds.  MOTION CARRIED.


Nicholas Reynolds asked for a nomination for Vice-Chairperson.  Dennis Haas nominated Nicholas Reynolds for Vice-Chairperson, seconded by Dale Riggenbach.  MOTION CARRIED.


Mr. Reynolds asked for a nomination for Secretary.  Pan Aslanides nominated Dennis Haas for Secretary but Dennis Haas declined.


Dennis Haas nominated Pan Aslanides for Secretary, seconded by Nicholas Reynolds.  MOTION CARRIED.




The Board agreed to keep the meeting day on the first Monday of each month at 7:00 PM.




Dale Riggenbach motioned to adjourn, seconded by Nicholas Reynolds.  MOTION CARRIED.