MINUTES

ZONING BOARD OF APPEALS

June 6, 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:               Virginia K. Macdonald, President

 

Zoning Inspector:                  Keith Lasure – (Absent from meeting)

 

Purpose:         Schalmo Builders requesting two variances to build two homes in Frantz’s

            Second Addition:

 

·       Lot #107 – originally platted in 1925 (before zoning) – located in the SW Qtr. of Sec. 29, Nimishillen Township – a lot area of 7,776.5 sq. ft. rather than the required 12,000 sq. ft. per Sec. 702.3 of the Nim. Twp. Zoning Resolution – Also requesting a variance from the required 80 feet to 40 feet at the building site and a setback from 10 feet to 5 feet on the north & south sides.

·       Lot #110 – originally platted in1925 (before zoning) – located in the SW Qtr. of Sec. 29, Nimishillen Township – a lot area of 9,289.2 sq. ft. rather than the required 12,000 sq. ft per Sec. 702.3 of the Nim. Twp. Zoning Resolution – Also requesting a variance from the required 80 feet at the building site to 40 feet at the building site.

 

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”.

 

VARIANCE FOR LOT #107:

 

Gerald L. Smeltzer of 646 Etheridge Blvd., Canal Fulton, Ohio, representative for Schalmo Builders, stepped to the podium stating they are asking for a variance for a lot area of 7,776.5 sq. ft. rather than the required 12,000 sq. ft. for Lot #107 in Frantz’s Second Addition.  Mr. Smeltzer presented pictures to the Board.

 

Dale Riggenbach asked what the square footage of the home would be.  Mr. Smeltzer said it would be 1,084 sq. ft.

 

Nicholas Reynolds asked if this house would be built as a spec home.  Mr. Smeltzer said all Schalmo homes are spec homes and the home had not yet been sold.  He said they build about 100 homes per year.

 

 

 

 

Louise Vance asked about the square footage of the other houses on the street.  Mr. Smeltzer replied 1,054 sq. ft.

 

Dennis Haas noted Mr. Riggenbach found in Sec. 702.5 of the Nimishillen Township Zoning Resolution the ‘minimum’ floor area for a single-family dwelling is 1,100 sq. ft.  Mr. Smeltzer said he had no problem building the home larger.

 

Mr. Haas asked for a motion to include this variance along with the others.

 

Phyllis McKean motioned to include this variance with the others, seconded by Nicholas Reynolds.  All voted yes.  Motion carried.

 

Dennis Haas asked if there were any other questions.  Louise Vance asked the township secretary if anyone had contacted the office regarding this variance.  The secretary stated someone did call, didn’t give her name but she said she would come to the meeting.

 

Dennis Haas commented the setback from the road, as shown now, is 40 feet.  He asked how far back the adjacent home sits.  An unidentified resident in the audience said that is her house and she wasn’t sure but thought it was more than 40 feet.  An unidentified man in the audience said he thought her house sat back 80 feet because his house sits back 75 feet.

 

Mr. Smeltzer said he didn’t think they could go back 80 feet, which would take it back almost to the rear setback.  Discussion followed between the Board, residents in the audience and Mr. Smeltzer.

 

Dennis Haas asked one of the residents in attendance to step to the podium even though his involvement would be with the Lot #110 variance.

 

·       James Sweany of 4344 Fruitland stepped to the podium.  Dennis Haas explained the information Mr. Sweany would be presenting is from Lot #111, which is next to Mr. Sweany’s house.  Mr. Haas said looking at the drawing it looks like the front of Mr. Sweany’s house is probably back 55-60 feet from the road.  Mr. Sweany agreed.  Nicholas Reynolds said it’s 57 feet.  Discussion followed on size of lots and setbacks.

 

Dennis Haas asked if there was anyone present who wanted to speak on behalf of this variance.

 

·       Theresa Tonkin of 4282 Fruitland stepped to the podium.  She wanted to know where the new house would be in proportion to her house.  She feels Lot #107 is too small to build a home on and feels the house would be on top of hers.

 

Dennis Haas stated the problem is some of these lots were created prior to zoning and when zoning came into place, minimum lot sizes were set.

 

Ms. Tonkin said she is against this variance.  Mr. Haas asked Ms. Tonkin how close to the side lot her house sits.  She said probably two feet.  Discussion followed.

 

Louise Vance said she feels the Board needs more information.  Mr. Haas agreed.

 

Mr. Smeltzer said they understand the difficulty with these situations but in this particular case, if they would go back 40 feet, they would not be next to Ms. Tonkin’s house.  He said Ms. Tonkin would be looking at the back porch or deck of the new house and he didn’t feel it would be an issue being side by side.  He further stated they would have a clear 5 feet on either side because the driveway would come straight into the garage.  Mr. Smeltzer said they would be willing to go back 50 feet but did not want to push it back to be even with Ms. Tonkin’s house.

 

Dennis Haas said, speaking for himself, he is more concerned with the flow of the neighborhood.  A small lot will have small setbacks and stated it’s not surprising to him.

 

Dale Riggenbach said in his neighborhood, the houses have similar frontage and it looks very nice.

 

Dennis Haas asked Mr. Smeltzer if he would entertain a front variance within the number of feet of the neighbor’s house.  Mr. Smeltzer said he might be willing to go 60 feet instead of 40 feet, but he would have to have their estimator look at it.

 

Louise Vance asked the Board if they would want to table this until next month’s meeting.  Mr. Smeltzer said he would prefer not to table it further saying from what he’s hearing tonight, the neighborhood has ‘mixed’ setbacks.  Discussion followed.

 

·       Theresa Tonkin stepped to the podium again.  She wanted to know how far the side yards would be.  The Board said 5 feet to the property line.

 

Phyllis McKean motioned for Schalmo Builders to build at a setback of 50 feet instead of 40 feet seconded by Nicholas Reynolds.  All voted yes.  Motion carried.

 

Dennis Haas said the motion is to change the variance from the required 80 feet to 50 feet and asked for a motion for a ballot vote.

 

With no further discussion, Louise Vance motioned for a ballot vote and to change the variance from the required 80 feet to 50 feet seconded by Dale Riggenbach.  All voted yes.  Motion carried.

 

Chairman Haas instructed the Board to vote on each of the three variances separately.  The three variances are as follows:

 

1.     Variance for the front setback to be 50 feet

2.     Side lot setbacks to be 5 feet

3.     Minimum house size to be 1,084 sq. ft.

 

The voting went as follows:

 

                              Front Setback 50 feet  Side lot setback 5 feet   House Size 1,084 sq. ft.

Dale Riggenbach             Yes                                   Yes                                 Yes

Phyllis McKean               Yes                                   Yes                                 Yes

Nicholas Reynolds          Yes                                   Yes                                 Yes

Louise Vance                   Yes                                   Yes                                 Yes

Dennis Haas                     No                                   Yes                                 Yes

 

Mr. Haas voted ‘No’ for the front setback of 50 feet because he is concerned it might not be enough.

 

Chairman Haas stated all three variances were APPROVED for Lot #107 and instructed Mr. Smeltzer to make arrangements to meet with Mr. Lasure to get his permit.

 

VARIANCE FOR LOT #110:

 

Gerald L. Smeltzer of 646 Etheridge Blvd., Canal Fulton, Ohio, representative for Schalmo Builders, stepped to the podium again stating they are asking for three variances for Lot #110, parcel #3302338.

 

Chairman Haas said they are asking for:

1.     Lot size below the minimum of 12,000 sq. ft.

2.     Front setback to 40 feet

3.     Minimum house size to 1,025 sq. ft.

 

Mr. Haas asked if there was anyone in the audience who would like to speak in favor of this variance.  There was no one.

 

Mr. Haas asked if there was anyone in the audience who would like to speak against this variance.

 

·       James Sweany stepped to the podium again.  His concern is that the lot is too small and thinks the homes will look out of place.

 

Mr. Haas asked for a motion for a ballot vote.

 

Phyllis McKean motioned the front setback be 50 feet, seconded by Louise Vance.  All voted yes.  Motion carried.

 

An unidentified person in the audience said a Mr. Burns did not receive a letter regarding these variances and said Mr. Burns’ property does abut the bottom half of Lot #110.

 

With no further discussion, Dennis Haas asked for a motion for a ballot vote.

 

Louise Vance motioned for a ballot vote seconded by Phyllis McKean.  All voted yes.  Motion carried.

 

Mr. Haas instructed the Board to vote on all three variances, which are as follows:

 

1.     Lot size

2.     Frontage to be 50 feet instead of the required 80 feet

3.     House downsized from 1,100 sq. ft. to 1,025 sq. ft.

 

 

 

The voting went as follows:

 

                                    Lot Size 9,289.2 sq. ft.   Front setback 50 ft.   House size 1,025 sq. ft.

Louise Vance                           Yes                                 Yes                                Yes

Dale Riggenbach                     Yes                                 Yes                                Yes

Phyllis McKean                       Yes                                 Yes                                Yes

Nicholas Reynolds                  Yes                                 Yes                                Yes

Dennis Haas                            Yes                                  No                                Yes

 

Mr. Haas voted ‘No’ for the front setback of 50 feet because he is concerned it might not be enough.

 

Chairman Haas stated all three variances were APPROVED for Lot #110 and instructed Mr. Smeltzer to make arrangements to meet with Mr. Lasure to get his permit.

 

At this time, Chairman Haas went back to the variance on Lot #107.  He stated they missed the variance on the lot size, which the minimum lot size is 12,000 sq. ft. and Schalmo Builders is requesting a variance for 7776.5 sq. ft. 

 

With no further discussion, Chairman Haas asked for a motion for a ballot vote.

 

Nicholas Reynolds motioned for a ballot vote seconded by Phyllis McKean.  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

 

Old Business:  There was no old business.

 

New Business:  The Board agreed that since the first Monday in July is a holiday (July 4th), the July 2005 hearing would be Monday July 11th at 7:00 p.m.

 

Approval of Minutes: Nicholas Reynolds motioned to approve the Minutes, as written, from May 2nd, 2005 seconded by Phyllis McKean.  All voted yes.  Motion carried.

 

 

 

Adjournment: Louise Vance 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, June 6 Hearing – Schalmo Builders.doc