ZONING BOARD OF APPEALS MINUTES

MINUTES

ZONING BOARD OF APPEALS

July 11, 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: Todd D. Bosley, Vice President

Zoning Inspector: Keith Lasure

Purpose:

· Shelby Glyder – Requesting a variance for a new residence for a setback of 7’ on the north side of the structure rather than the required 10’

· Richard Corns – Requesting a Conditional Zoning Certificate for a Home Occupation

· Todd D. Bosley – Requesting two variances for Parcel No. 33-05945 located at 6460 Peach Street NE, Louisville, Ohio:

1. Lot frontage to be 20 feet instead of the required 50 feet to allow access from Tract 1 to Tract 2

2. Lot frontage to be 40 feet instead of the required 50 feet

These are the requirements per Section 702.3 of the Nimishillen Township Zoning Resolution.

Chairman Dennis Haas opened the meeting at 7:00 P.M. and introduced the Zoning Board of Appeals. 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”.

The first case that was heard was Shelby Glyder of 6086 Apple Street NE, Louisville, Ohio requesting a variance for a new residence to be built at 6713 Northlawn NE asking for a setback of 7’ on the north side of the structure rather than the required 10’.

Mr. Sean Pragnell of 6918 15^th Street, East Canton stepped to the podium. Mr. Pragnell is a cousin and employee of the builder, Mr. William Garrett. Mr. Pragnell stated they are asking for a variance of 20’ total and not to reduce it from 20’ to 17’ asking for 7’ on the north side. He stated they would keep the 13’ on the south side for a total of 20’.

Dennis Haas commented that the driveway would come in off the south side of the building and asked if the entrance to the garage would be in the back. Mr. Pragnell said it would.

Mr. Haas asked, when designing the house, if there was an easy way to take a few feet out. Mr. Pragnell said no because the lot is rather tight – the lot width being 90’. Mr. Haas then asked the Board if they had any questions.

Louise Vance asked secretary, Sharon Shaub, if anyone called the office. Mrs. Shaub said Jim Smith of 6741 Northlawn called. Mr. Lasure said Mr. Smith had a question regarding the height of the structure and had no major problems with the variance.

Chairman Haas asked if there was anyone present who wanted to speak for or against this variance. There was no one. With no further discussion, Mr. Haas then asked for a motion for a ballot vote.

Louise Vance motioned for a ballot vote, seconded by Phyllis McKean. Mr. Haas clarified this is a variance for a 7’ setback from the north side of the building. The variance was APPROVED. The voting went as follows:

Louise Vance – Yes

Dale Riggenbach – Yes

Nicholas Reynolds – Yes

Phyllis McKean – Yes

Dennis Haas – Yes

The second case heard was Richard Corns of 4660 Grapeland NE. Mr. Corns stepped to the podium requesting a variance for a Zoning Certificate for a Home Occupation to do billing, payroll and other paperwork for his current business, R & J Masonry. Mr. Corns stated he is basically requesting to be able to continue running his business. He stated he has an accountant who does everything and said the only thing he does out of his home is payroll.

Mr. Haas asked the Board if they had any questions. Phyllis McKean asked Mr. Corns if he ran a telephone service out of his home. Mr. Corns said he only uses his cell phone. He said he has a six-bedroom home and uses one of the bedrooms as his office with a computer to keep track of his business.

Mr. Lasure asked Mr. Corns if there would be a lot of equipment at his home such as cement mixers. Mr. Corns said on occasion when he gets home late and doesn’t have time to run the equipment to his shop, there would be equipment at his residence.

Mr. Haas explained a home occupation permit is up for review yearly and as long as there are no problems or complaints, it would be renewed each year but if there ever is a problem, the Conditional Zoning Certificate could be reviewed and brought back before the Zoning Board of Appeals and it could be revoked. Mr. Corns said he understood.

Phyllis McKean asked Mr. Corns if he had a sign in his front yard. Mr. Corns said he does not.

Louise Vance asked Mrs. Shaub if anyone called. There was no one. Keith Lasure commented that Mr. Corns has a vehicle he drives to and from work everyday, which is permitted.

Dennis Haas asked if anyone wanted to speak for or against this variance.

Todd Bosley of 5694 Eastview Street stepped to the podium and said his brother lives in the neighborhood and said Mr. Corns’ business is not causing any problems.

With no further discussion, Chairman Haas asked for a motion for a ballot vote. Nicholas Reynolds motioned for a ballot vote, seconded by Louise Vance. The variance for a Conditional Zoning Certificate for a home occupation was APPROVED. The voting went as follows:

Phyllis McKean – Yes

Dale Riggenbach – Yes

Nicholas Reynolds – Yes

Louise Vance – Yes

Dennis Haas – Yes

The third case heard was Todd D. Bosley of 5694 Eastview Street requesting a variance for lot frontage to be 20’ instead of the required 50’ to allow access to Parcel No. 33-05945 located at 6460 Peach Street.

Dennis Haas questioned if this variance is for one or two lots. Mr. Lasure said one.

Mr. Bosley stepped to the podium stating in the 1950’s this property was owned by his family. His grandfather sold the lots on California Ave, across Peach and down Fruitland and there was a piece of ground (as shown on the drawing) where his parents originally built. Mr. Bosley stated the plan was always to build on that piece of land. The person who owns the property behind him wanted to sell the 1.67 acres and Mr. Bosley said he agreed to purchase this land, which makes the second tract of 4.4 acres taking the original tract to 2.3 acres. Mr. Bosley said he went to Regional Planning and obtained a variance from them.

Mr. Bosley said it would be a beautiful home built off to the side of the lake and all setbacks are within the township zoning laws.

Mr. Haas asked the Board if they had any questions. Louise Vance asked Mrs. Shaub if anyone called. She stated Chris Dechiara of 6440 Peach called and was concerned about the setbacks. Mr. Lasure called her and explained that Mr. Bosley meets all setback requirements and she was ok with it. There were no other calls or complaints.

Mr. Haas said all the setbacks are okay but this is strictly a driveway issue. Mr. Riggenbach commented that it is hard to tell where the property starts and stops. Mr. Bosley said a lot of trees would have to come down and said there is a row of pine trees and beyond that is another 6.7 acres. Mr. Bosley said the tract would turn out to be 4.8 acres, which is much larger than any of the other lots in the area.

Keith Lasure said there’s actually 60’ of frontage and Mr. Bosley actually owns all of it to the street.

Mr. Haas asked, because its one parcel right now, would this be one variance or two. Mr. Lasure said one because the variance needed is for frontage – the 50’ and the 20’. Mr. Haas said there are two tracts so each tract would be a variance. Mr. Lasure said the lot split was already done.

One Board member said the second page of the request for this variance asks for two variances for Parcel No. 33-05945. It reads:

Requesting two variances for Parcel No. 33-05945 located at 6460 Peach Street NE, Louisville, Ohio:

· Lot frontage to be 20 feet instead of the required 50 feet to allow access from Tract 1 to Tract 2

· Lot frontage to be 40 feet instead of the required 50 feet

These are the requirements per Section 702.3 of the Nimishillen Township Zoning Resolution.

Mr. Haas said this would be two variances and said when voting it should be clear there are two driveways, both of which would be below the 50’ frontage.

Mr. Lasure said yes – one from 50’ to 20’ and one from 50’ to 40’.

Mr. Haas asked if there were any other questions. With no further discussion, Mr. Haas asked for a motion for a ballot vote. Dale Riggenbach motioned for a ballot vote on each tract, seconded by Louise Vance.

Mr. Haas said, for clarification, the Board is voting to support a variance for both driveways, however that works out administratively, whether its for one or two variances, it’s one vote because Mr. Bosley cannot do one without the other. The variance was APPROVED. The voting went as follows:

Dale Riggenbach – Yes

Phyllis McKean – Yes

Nicholas Reynolds – Yes

Louise Vance –Yes

Dennis Haas - yes

OLD BUSINESS: There was no old business.

NEW BUSIENSS: Discussion was held on last month’s variance regarding the homes being built in Frantz’s Second Addition and criteria used for home occupations. A lengthy discussion followed on both topics.

APPROVE MINUTES: Phyllis McKean motioned to approve the Minutes from June 6, 2005, as written, seconded by Dennis Haas. All voted yes. Motion carried.

ADJOURNMENT: Louise Vance motioned to adjourn, seconded by Dale Riggenbach. All voted yes. Motion carried. The meeting adjourned at 7:50 p.m.

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Dennis Haas, Chairman

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Louise Vance, Secretary

Zoning Board of Appeals Minutes Folder: ZBA – Minutes – 2005 July 11.doc