ZONING COMMISSION BOARD
TUESDAY, APRIL 12, 2005
4422 MAPLEGROVE NE
Board Members: Gary Brahler, Chairman; Joe Marks, Secretary; Floyd Fernandez;
Regan Starkey and Edward Metzger
Zoning Inspector Keith Lasure
Purpose: To consider an amendment to rezone 3.583 acres located on the
north side of
Township, from R-1 Single Family Residential District to I-2
Chairman Gary Brahler opened the meeting at 7:00 p.m. Secretary Joe Marks read the recommendation from Stark County Regional Planning Commission. (Copy attached)
1) Joanne Moody of 7018 Pilot Knob stepped to the podium. She stated she is not a direct neighbor – she only sees the property/business when she drives by. Her concerns are:
· The property is zoned agricultural and not zoned for landscaping which is what a mulch business is
· Mr. Brogan broke the zoning laws when he went ahead and started a business
· The portable sign has been there longer than allowed
· Dogs running loose - concerned if there could be rats
· Run-off from the mulch going into the stream that runs behind the property.
Mrs. Moody continued to state that as Mr. Brogan’s business has grown, it has
become a bigger mess. She commented on Jerry’s Excavating and feels there
should be regulations as to the amount of machinery allowed.
She further stated she doesn’t feel Mr. Brogan’s business is an asset to the
community. She stated this is a township; there are a lot of residents and it
is not a business area. She said businesses should only be allowed in the
business sections of the township. She further stated if it is allowed to be
changed from R-1 to I-2 and if Mr. Brogan would give up his business, other
‘junky’ things could move into that area. She stated maybe Mr. Brogan should
relocate to another area.
Chairman Brahler commented that once an area is changed to I-2 – it stays that way.
2) Ed Moody of 7018 Pilot Knob, a former zoning inspector, stepped to the podium. He said at one time, people who were buying this particular property wanted it rezoned so they could put in a restaurant. He stated Mr. Brogan testified that he did not want it changed from residential because of the traffic, parking and confusion at that corner. Mr. Moody said there have been several accidents at that corner. Mr. Moody said he is concerned about several things:
· Tannic acid running into the stream/creek, which eventually becomes our ground water. He said all it takes is one spill every five years and the water would be polluted.
· Feels this type of business should be located in the township’s industrial park
Possibility of bringing in a grinder; therefore,
noise would be a factor. Feels
· Breaking the Ohio Revised Code – the ORC specifically states that landscaping, mulch, etc. is not agricultural
· Concerned about the township and the environmental issue.
Zoning Inspector, Keith Lasure, stated the EPA has been brought in and said he thinks Mr. Brogan already has a grinder.
3) Paul Brogan of 7103 Columbus Road stated he has owned this property for 49 years and has had nonconforming businesses since the day he moved in, such as:
· Tree and mulch
He said most of the property is zoned business such as Liberty Storage & Jerry’s
Excavating. He said he was against Jerry’s and the tavern and said the building is
on his property. He said he’s had a problem with this property for 49 years and
couldn’t sell it because it was going to be a bar business.
Mr. Brogan continued by saying Jerry zoned his property B-3. Mr. Brogan said he went to court to stop that, he won the case and then the Nimishillen Township Trustees zoned it I-1. He said he was also against Liberty Storage because people steel and sleep in the rafters and said that business does fall under nonconforming.
Mr. Brogan said it’s his son who has the business and he is just trying to help him out.
Zoning Commission Board member, Floyd Fernandez, asked Mr. Brogan how
long he has had the mulch business. Mr. Brogan replied he has had it for five
years. Mr. Fernandez then asked if he was ever notified he was going against
township zoning laws. Mr. Brogan said he has never received any notice of
violation until December 2004 when he received notice from Keith Lasure.
Mr. Fernandez asked Mr. Brogan if he was aware he was going against zoning
regulations. Mr. Brogan said no because he thought he was complying as
nonconforming. Mr. Brogan further stated he started an oil well business in 1956
and zoning didn’t start until 1960 and said he has had business there since 1956.
Mr. Fernandez further stated there is nothing in our zoning laws that would allow
this type of business to exist in
not aware of that.
Mr. Fernandez continued by saying even if the Zoning Commission Board would
approve this proposed zone change, Mr. Brogan would have to go before the
Zoning Board of Appeals and it would be a long battle.
4. Mike Wasosky of 5588 Grove Street stepped to the podium and said he feels
that, as a business, Mr. Brogan does a good job keeping it clean and likes the
idea of it being there. He feels the Board should decide in Mr. Brogan’s
Mr. Lasure asked Mr. Wasosky if he parks any trucks on the Brogan property.
Mr. Wasosky said he did not.
Miller of 9530
6. Ed Moody stepped to the podium again. He said if the zone change is allowed and if Mr. Brogan would go out of business or would sell the property, it would be very difficult to regulate what would go in there in the future.
7. Greg St. George of 9238 Columbus Road stepped to the podium and said he moved in the area about two years ago and sees nothing wrong with this business. He asked if other businesses in the area go out of business, who would move in and stated he has never heard the grinder and said it’s a very clean business.
Floyd Fernandez asked Mr. St. George if he worked at this site. Mr. St. George said he didn’t.
8. Joanne Moody stepped to the podium again and said she heard that Mr. Brogan was renting space for people to park their trucks and said she is still opposed to the zone change. She also wanted to know if Mr. Brogan asked
any of the gentlemen attending tonight’s hearing to speak on behalf of
keeping the business. People in the audience all said no.
9. Don Brogan of 7103 Columbus Road stepped to the podium. He said the EPA was called on him and they were concerned about leachate. He stated he has a letter from the EPA, which states everything is fine. Don Brogan explained that he turns the mulch about every 90-days and that prevents leachate.
Floyd Fernandez asked Mr. Brogan where he ran the business before. Mr. Brogan said he’s always been there – started this business five years ago. Mr. Fernandez asked him if he ran a mulch business any place else and Mr. Brogan said no. He said he was in the sign business but wasn’t able to make a living doing that so he started to cut down trees.
Gary Brahler commented on Joanne Moody’s concern about parking trucks there. He said if it’s zoned I-2, they can do just about anything they want.
Mr. Lasure said since he’s been zoning inspector, he’s had complaints from several residents regarding trucks being parked there. He said he told young Mr. Brogan to move the trucks because it is a Single Family Residential District. Mr. Lasure stated there are other companies there besides Mr. Brogan and they are parking their trucks there. Lasure stated he has pictures.
Don Brogan then said there are some trucks there (Jerry Townsend) and said he has asked him repeatedly to move the trucks (two white trucks) but they have not been moved. Mr. Brogan said he guessed he would have to have them towed away. Don Brogan said everything else is his but did say there are some other tree guys who park there when they are unhooking their chippers until they hook the chippers back up and leave.
Chairman Brahler asked if there were any more questions.
Floyd Fernandez said it is his opinion that the zoning law does not allow for this type of business and said if they were going to do it, a law would have to be created. He further stated this type of operation has to be inside buildings, a plan would have to be submitted and it cannot be out in the open as it is now.
An unidentified resident from the audience said there are not any mulch businesses inside a building anywhere in the State.
Zoning Inspector, Keith Lasure, explained to Mr. Brogan where the regulations were in the zoning book pertaining to business (page 47, paragraph D). (Copy attached)
Floyd Fernandez motioned to deny the proposed zone change seconded by Joe Marks. Secretary, Sharon Shaub, did a roll call for the vote. It went as follows:
Floyd Fernandez - In favor of the motion to deny
Joe Marks - In favor of the motion to deny
Gary Brahler - In favor of the motion to deny
Edward Metzger - In favor of the motion to deny
Regan Starkey - In favor of the motion to deny
The Nimishillen Township Zoning Commission Board DENIED the proposed zone change to consider an amendment to rezone 3.583 acres located on the north side of Columbus Road known as 7035 Columbus Road NE, Louisville, Ohio in the SW Qtr. of Sec. 9, Nimishillen Township, from R-1 Single Family Residential District to I-2 General Industrial.
Regional Planning Commission’s recommendation was DENIAL for the proposed zone change.
Chairman Gary Brahler stated the recommendation for denial from the Nimishillen Township Zoning Commission Board would be forwarded to the Nimishillen Township Board of Trustees on Thursday, April 28, 2005 to be heard at 8:00 p.m.
An unidentified resident from the audience commented there seems to be a question as to whether this is a mulch business or a composting business. Chairman Brahler said the Board is concerned that if this is changed to I-2, anything could be put in.
Keith Lasure said he receives anywhere from 7 to 20 complaints a week (from different people) and said its definitely an eyesore, definitely a problem and definitely is in violation of zoning.
APPROVAL OF MINUTES:
Joe Marks motioned to approve the Minutes from May 17, 2004, as written, seconded by Edward Metzger. All were in favor. Motion carried.
Floyd Fernandez motioned to retain the same officers – Gary Brahler, Chairman and Joe Marks, Secretary seconded by Joe Marks. All were in favor. Motion carried.
The Board agreed to continue to meet on Mondays at 7:00 p.m.
With no further business to discuss, Floyd Fernandez motioned to adjourn seconded by Regan Starkey. All were in favor. Motion carried.
The meeting adjourned at 7:40 p.m.
Gary Brahler, Chairman
Joe Marks, Secretary
Zoning Commission Folder: Zoning Commission – Minutes For Brogan Zone Change From R-1 TO I-2 ON 4-12-05.doc