MINUTES

BOARD OF ZONING APPEALS

MONDAY JUNE 5, 2006

7:00 P.M.

 

Board Members Present:      Nicholas Reynolds, Chairman

Dale Riggenbach, Vice Chairman

Phyllis McKean

Pan Aslanides

Floyd Fernandez, Alternate

 

Board Member(s) Absent:    Dennis Haas, Secretary

 

Trustee(s) Present:

 

Zoning Inspector:                  Keith Lasure

 

Purpose:

 

·       Samuel Glenn Lehmiller of 2083 Broadway is requesting a variance for an accessory building to be located at 2924 Maplegrove for 2,304 sq. ft. instead of the allowed 1,280 sq. ft. as permitted in Sec. 602.4 of the Nim. Twp. Zoning Resolution.

 

·       ‘Continued’ Hearing: Mark A. Bucher is requesting a variance for 8,770 sq. ft. instead of the allowed 12,000 sq. ft. for construction of a residence to be located at 3973 Paumier, as required in Sec. 702.3 of the Nim. Twp. Zoning Resolution – Reason for ‘continued’ hearing is because it looks like a wetland and need to find out who would be responsible for any drainage problems after the house was built and to have Gary Conner with the Stark County Engineers Department look at the drainage problem and recommend a solution on how to fix it.

 

Chairman Nicholas Reynolds opened the meeting at 7:00 P.M. and introduced the Board of Zoning Appeals, Zoning Inspector Keith Lasure and Township Secretary Sharon Shaub.  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, was true and accurate to the best of their knowledge.  The people responded by stating, “I do”.

 

FIRST CASE:

 

Mr. Lehmiller of 2083 Broadway NE, East Canton, Ohio stepped to the podium and stated he is requesting a variance for a building for storage to be located at 2924 Maplegrove to store 4-wheelers, tractors and an old car he is going to buy.

 

Phyllis McKean asked if he would be doing any work in the garage, i.e. fixing things.  Mr. Lehmiller said no and explained that he has a business and a garage of his own in Waco.  He said this would be used strictly for storage and home use.

 

Mr. Lehmiller said the garage will be vinyl sided with a shingled roof to match the house but that the building might be smaller than the 2,340 sq. ft. he is asking for because for ten more feet, the contractor wants to charge double the price.  The height will be less than 17 feet.

 

There was no one in attendance to speak either for or against this variance.  Keith Lasure said he received two informational phone calls.  One caller wanted to know where the building would be located on the lot and the other caller said she’d heard a rumor that he was going to start a trucking company there and Mr. Lasure assured her that was not true.  Neither caller was opposed to the variance.

 

With no further discussion, Nicholas Reynolds asked for a motion from the Board.

 

Dale Riggenbach motioned for a ballot vote, seconded by Phyllis McKean.  All voted yes.  Motion carried.  Voting went as follows: Pan Aslanides – yes, Floyd Fernandez – yes, Phyllis McKean – yes, Nicholas Reynolds – yes and Dale Riggenbach – yes.

 

Chairman Reynolds stated the request for the variance was APPROVED and instructed Mr. Lehmiller to make arrangements with Mr. Lasure to pick up his permit.

 

SECOND CASE:

 

Keith Lasure said he contacted the Stark County Prosecutor and talked to Regional Planning Commission.  The prosecutor said there was no way the township would be held liable for anything; therefore, Mr. Lasure is not opposed to Mr. Bucher building on the lot.

 

‘Continued’ Hearing: Mark Bucher of 2913 4th St., NW, Canton, Ohio stepped to the podium and stated he is applying for a variance on square footage and from the last meeting, there was a concern regarding a water issue.  One way to alleviate the water problem is by putting in a ditch or a swale through the back of the church.

 

Keith Lasure explained Gary Conner from the Stark County Engineers Department looked at it and recommended a swale, (from the property in question to Beck Road) which should alleviate a lot of the water but the church and Mr. Edwards would have to agree with this.  Discussion followed.

 

Keith Lasure said there were no other contacts or calls regarding this since last month’s hearing.

 

Mr. Bucher said if the church agrees and since he’ll be paying for it, he doesn’t want to get into a situation where a neighbor says to do it a certain way.  After some discussion, the Board and Keith Lasure said this would not happen since there were no neighbors present at tonight’s hearing to speak either for or against this variance; therefore, the issue is over and done.

 

Chairman Reynolds asked for a motion from the Board. 

 

Pan Aslanides motioned for a ballot vote, seconded by Phyllis McKean.  All voted yes.  Motion carried. Voting went as follows: Floyd Fernandez – yes, Pan Aslanides – yes, Dale Riggenbach – yes, Phyllis McKean – yes and Nicholas Reynolds – yes. 

Chairman Reynolds stated the variance was APPROVED and instructed Mr. Bucher to make arrangements with Mr. Lasure to pick up his permit.

 

Old Business:

 

There was no old business to discuss.

 

New Business:

 

After discussion, the Board agreed due to the July 4th holiday, the next meeting would be held on Monday, July 10th, 2006 at 7:00 PM.

 

Approval of Minutes:

 

Floyd Fernandez motioned to approve the Minutes, as written, from May 1st, 2006, seconded by Dale Riggenbach.  All voted yes.  Motion carried.

 

Adjournment:

 

Pan Aslanides motioned to adjourn, seconded by Nicholas Reynolds.  All voted yes.  Motion carried.  The meeting adjourned at approximately 7:16 PM.

 

 

 

 

 

            __________________________________

                                                                        Nicholas Reynolds, Chairman

 

 

 

 

 

                                    __________________________________

                        Dale Riggenbach, Vice Chairman

 

 

 

Zoning Board of Appeals Minutes Folder:  ZBA MINUTES – JUNE 5, 2006