MINUTES

ZONING BOARD OF APPEALS

August 1, 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:

·       Gary Reed, 6271 Apple Street NE, Excavating Business

                                          Requesting Conditional Zoning Certificate for a Home Occupation

 

·       Mark Shafer, 6590 Winter St NE, dba Square Home Improvements

                                                Requesting Conditional Zoning Certificate for a Home Occupation

                                                to do payroll, billing and paperwork

 

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 heard was Gary Reed of 6271 Apple Street NE - Mr. Reed stepped to the podium asking for a variance for a home business to run his excavating business.  He stated he keeps equipment at his residence in the evening only explaining his business is run on-site, i.e. wherever he is working.  He stated he is buying the lot next to him and is planning to put up a pole building within the next year, which would house his excavating equipment.

 

Phyllis McKean asked Mr. Reed how long he has been running the business from his home and how many pieces of equipment he was storing.  Mr. Reed said he has been in business for two years and has a dozer, a trailer, a dump truck and a backhoe.  He stated he is building a new dump truck and once the new one is done, the old dump truck will be gone.  Mr. Reed said he is doing some of the restoration of the new truck himself (on his property) and some of it is sent out.

 

Zoning Inspector Keith Lasure said he has seen Mr. Reed’s plans for the pole building and said it would be behind trees and all of the equipment would be garaged.

 

Dennis Haas commented this is a residential neighborhood and the neighbors want to keep it that way.  Mr. Reed assured the Board he would put up a nice pole building, i.e. red metal siding with a red roof and not a lean-to building.

 

Discussion was held regarding equipment currently on Mr. Reed’s property.  Mr. Reed said both the Ford Bronco and 1957 Chevy are for sale.  There is also a rail buggy.  Discussion was held on vehicles needing to be licensed.  Mr. Reed said the rail buggy could not be licensed since it is an off-road vehicle.

 

Mr. Haas said the main concern is, if the Board would vote for the Conditional Zoning Certificate, is that it is renewed yearly so if there would be a lot of complaints, the Certificate could be revoked.  Mr. Reed said Keith had already explained this to him when he applied for the variance.

 

Dennis Haas asked if there was anyone present who wanted to speak on behalf of this variance.  There was no one.

 

Dennis Haas asked if there was anyone present who was opposed to this variance.

 

1.     Darrell Miller of 6249 Apple Street stepped to the podium and said he doesn’t care about business but is concerned with the 1957 Chevy that has been sitting there for three (3) years and suggested that Mr. Reed store everything on the east side of the garage or in the back so he doesn’t have to look at it when he sits on his deck.

 

Mr. Reed said he was aware of the situation and said it has already been moved.

 

With no other residents stepping to the podium, Mr. Haas asked Secretary, Sharon Shaub, if any correspondence was received.  She stated there was one letter from Mr. Kedrick Holbrook (a former Nimishillen Township Zoning Inspector) of 4721 Fruitland opposing a business being run at 6271 Apple Street.

 

With no further discussion, Louise Vance motioned for a ballot vote seconded by Dale Riggenbach.  All voted yes.  Motion carried. 

 

The voting went as follows:

 

Phyllis McKean – Yes

Nicholas Reynolds – Yes

Dale Riggenbach – Yes

Louise Vance – Yes

Dennis Haas – Yes -- but with the condition that Mr. Reed would have

plans for the pole building underway within one (1) year from today’s

date of August 1st, 2005, which would be by August 1st, 2006.

 

Mr. Haas said the pole building does not necessarily have to be up in one year but would like to see progress by that time.  The Board agreed.

 

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

 

The second case heard was Mark Shafer of 6590 Winter Street NE - Mr. Shafer stepped to the podium requesting a Conditional Zoning Certificate to do billing, payroll and paperwork from his home.  He said he only has one vehicle at this time, which is a company pick up truck.  Mr. Shafer said he does home improvements and carpentry and any equipment he has goes on/off the truck each evening and he stores the vehicle in a large garage behind his house.

 

Louise Vance mentioned a trailer parked in the driveway but zoning laws allow trailers, whether they are used for a business or not.  Mr. Shafer said he has one 20’ enclosed cargo trailer and stores it behind his house on a graveled area.

 

Mr. Haas asked Mr. Shafer if he had any other employees.  Mr. Shafer said no but stated if his business would grow, he would move off-site.

 

Mr. Haas asked if there was anyone in the audience who wanted to speak on behalf of this variance.

 

1.     Samuel R. Shepler of 2919 Ravenna (south of Mr. Shafer) said Mr. Shafer takes care of his property and he has no objections.

 

2.     Bill Bee of 6610 Winter (beside Mr. Shafer to the east) said he has no objections, said Mr. Shafer takes care of his property, loads the trailer at night and there is no noise.

 

Secretary Sharon Shaub said one letter with no objections to this variance was received from:

 

1.     Randall & Constance Beck stating they had absolutely no objection to Mark Shafer’s request for a Conditional Zoning Certificate.  The Beck’s live to the north of Mr. Shafer.

 

Mr. Haas asked if there was anyone in the audience who was opposed to this variance.  There was no one.

 

Secretary Sharon Shaub said three (3) letters opposing the variance were received from the following:

 

1.     Mr. Dale Harden of 6590 Winter Street stating he owns property across from Mr. Shafer and next to the Beck residence.  Mr. Harden stated he is opposed because this is a residential neighborhood and he wants to keep it that way.  He also said Mr. Shafer parks big trailers in his driveway off and on and has been doing this for the past six (6) months or so.

 

2.     Howard & Margaret Hardesty of 6566 Winter Street said they are opposed to this variance saying they know Mr. Shafer does spouting and other work and they do not want heavy traffic up and down the street.  They do not believe Mr. Shafer will only be doing billing, payroll and other paperwork.

 

3.     Rebecca Harden is opposed stating Winter Street is residential and feels it should be kept that way and also wrote if Mr. Shafer is just doing paperwork from his house, why is it that whenever he doesn’t have a job, an 18-20’ trailer is parked in his driveway.

 

Nicholas Reynolds asked Mr. Shafer if he had any type of inventory or designs in his home that a customer would have the need to look at.  Mr. Shafer said no stating he does have samples of siding and small windows but takes these items with him.  Mr. Shafer said the only time a customer might stop by the house is to drop off a deposit for a job.

 

With no further discussion, Nicholas Reynolds motioned for a ballot vote seconded by Phyllis McKean.  All voted yes.  Motion carried. 

 

The voting went as follows:

 

                                    Louise Vance – Yes

                                    Nicholas Reynolds – Yes

                                    Dale Riggenbach – Yes

                                    Phyllis McKean – Yes

                                    Dennis Haas - Yes

 

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

 

Old Business:  The topic of zoning inspectors voting in case of a tie and criteria for a home occupation was brought up.  Discussion followed on both topics as well as yearly fees for Conditional Zoning Certificates.

 

New Business:  Discussion was held regarding the process of residents calling with complaints.

 

Approval of Minutes: Phyllis McKean motioned to approve the Minutes, as written, from July 11, 2005 seconded by Louise Vance.  All voted yes.  Motion carried.

 

Adjournment: Nicholas Reynolds motioned to adjourn seconded by Phyllis McKean.  All voted yes.  Motion carried.  The meeting adjourned at 7:50 p.m.

 

 

 

 

            __________________________________

                                                                        Dennis Haas, Chairman

 

 

 

 

                                    __________________________________

                        Louise Vance, Secretary

 

 

 

 

Zoning Board of Appeals Minutes Folder:  Zoning Board of Appeals Minutes - 2005, August 1.doc