MINUTES
BOARD OF ZONING APPEALS
MONDAY, DECEMBER 3, 2007
Board Members Present: Dale Riggenbach – Chairman
Pan Aslanides – Secretary
Floyd Fernandez – Member
Gary Brahler – Alternate
Ed Metzger - Alternate
Trustees Present: Lisa Shafer and Mike Lynch
Zoning Inspector: Keith Lasure
Purpose: Hearing of the following two (2) cases:
Parcel #1 – 11,879 sq. ft.: Schalmo Builders is requesting a variance for
11,879 sq. ft. instead of the allowed 12,000 sq. ft. as required in R-1
Single Family Residential, Sec. 702.3, of the
Zoning
Resolution. The property is located on
Broadway.
Parcel #2 – 11,082 sq. ft.: Schalmo Builders is requesting a variance for
11,082 sq. ft. instead of the allowed 12,000 sq. ft. and setbacks from 80
feet to 75 feet at the foundation line as required in R-1 Single Family
Residential, Sec.
702.3, of the
The property is
located on
Board of Zoning Appeals Chairman, Dale Riggenbach, opened the hearing at 7:00 PM.
While waiting for the representative of Schalmo Builders to arrive, the Board continued with other items on the agenda.
OLD BUSINESS:
There was no old business to discuss.
NEW BUSINESS:
There was no new business to discuss.
APPROVE MINUTES:
GARY BRAHLER MOTIONED TO APPROVE THE SEPTEMBER 11, 2007 MINUTES SECONDED BY PAN ASLANIDES WITH ONE CHANGE ON PAGE 3 WHERE IT STATES NICHOLAS REYNOLDS PRESENTED A WRITTEN STATEMENT FROM RAY NERO TO BE CHANGED TO MR. REYNOLDS PRESENTED AN ORAL STATEMENT FROM RAY NERO. MOTION CARRIED.
Minutes - Board of
Zoning Appeals - December 3, 2007
Page 2
Upon arrival of the representative for Schalmo Builders, Chairman Riggenbach introduced the Board of Zoning Appeals, Zoning Inspector Keith Lasure, Trustees Lisa Shafer and Mike Lynch and Township Secretary Sharon Shaub and did a mass swearing in of everyone in attendance at tonight’s hearing.
After discussion, the BZA agreed that both of these cases should be heard as one case because one cannot be heard without the other.
NICHOLAS REYNOLDS MOTIONED TO HEAR THE TWO CASES TOGETHER SECONDED BY GARY BRAHLER. MOTION CARRIED.
Representative for Schalmo Builders, Les Snyder of Canal Fulton, stepped to the podium and requested a variance to waive the 12,000 sq. ft. requirement for R-1 zoning to a lot that is 11,082 sq. ft. and setbacks from 80 feet to 75 feet at the foundation line and on the 2nd lot requesting a variance to waive the 12,000 sq. ft. requirement to a lot that is 11,879 sq. ft.
Mr. Snyder stated Schalmo Builders owns both of these lots. When asked if the garage would be torn down, Mr. Snyder stated it would. When asked about the deck being either torn down or modified, Mr. Snyder said they do not own the building - Mrs. Boatwright made the agreement with the previous owner regarding the deck and would be modifying the deck. Mr. Lasure explained originally Mrs. Boatwright got lot splits and when she got the lot splits, she said either part or all of the deck would come down to make the back yard work and the garage would come down. Schalmo’s responsibility is the garage and Mrs. Boatwright’s responsibility is the deck.
When asked if the tree behind the garage would be coming down, Mr. Snyder said he had not measured yet but if it’s within 12’ to 15’ of the house, it would. Discussion followed.
Conversation took place between the Board and Mr. Snyder while looking at the plans regarding the setbacks of the other house on the other lot. Mr. Snyder said it’s a narrower, deeper house. Mr. Snyder said if it would help, they could consider putting the narrower, deeper house on the 5’ narrower lot, which would make it a little further away from the corner house and would increase the setbacks by 8’ so instead of 11’ it would be 19’.
Board member Floyd Fernandez addressed the BZA. He said upon receiving his packet in the
mail, he got the tax map out and saw there was a big change stating his old map
showed two parcels. Mr. Fernandez said
he called Mr. Lasure and asked for more information. Mr. Lasure said he didn’t have any and that
Minutes - Board of
Zoning Appeals - December 3, 2007
Page 3
Fernandez said because of this (the County’s and ZI’s approval) we now have two lots that are not big enough to build a house that meets the Zoning Code. Therefore, a request for a variance is filed trying to circumvent the Zoning Code. Mr. Fernandez said that’s not what this Board is for stating we are here to uphold zoning. Mr. Fernandez said Schalmo does not have a hardship and said this was a deliberate, knowledgeable attempt to make money by breaking it down from three lots to two lots and said this Board should take every action to make sure that this does not happen in Nim. Twp. Fernandez said the Code says it’s for the health and welfare of the people of Nim. Twp. and said this is wrong and said Schalmo’s only alternative is to put it back the way it was and build one house or go to the Zoning Commission and file for a Zone Change. Mr. Fernandez said the Code must not be circumvented and asked the BZA to vote and deny the request for the variances immediately.
Chairman Riggenbach asked if there was anyone who wanted to speak in favor of these two variances. There was not.
Chairman Riggenbach asked if there was anyone who wanted to speak against these two variances.
Tony Antoniades of 4423 Broadway stepped to the podium and said his property adjoins to the south and said he is speaking for his neighbors, Howard and Phyllis McKean and Don and Norma George. He said some of their concerns and one of their biggest concerns with two additional homes is water run-off. Another concern is to the south of him, they had built two homes and he noticed immediately his water pressure had dropped because it draws from the same well. He said he’s not opposed to one home being built but is definitely opposed to two homes being built. More discussion followed.
Donald George of 5465 Willis stepped to the podium and said his property is directly across the street from the proposed two homes being built. He bought his home in 1993 anticipating his retirement and said he loves the openness. That’s why he moved into the township. He said he realizes at some point, there will probably be one house built but now he’s being asked to approve something that will be just like when he lived in the city with nothing but wall-to-wall houses. He said he is really upset about this because he really likes to sit on his porch and enjoy the openness and nature. He said that’s why we have zoning laws and people constantly using variances for profit is getting out of hand and is totally opposed to this.
Trustee Lisa Shafer of 6590 Winter Street said as Mr. Fernandez stated, she doesn’t know if this is something this Board should even be looking at. She said if you look at what the qualifications are for someone coming before the BZA, this is not a hardship in any way, shape or form. She said this is more than just a typical lot split – this was done
Minutes - Board of
Zoning Appeals - December 3, 2007
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for a purpose. She said she understands what everyone in this room is saying and said they’re right and although this Board can’t do anything about that, you don’t go placing two homes on this size of lots and not expect to have flooding problems and other additional problems as stated by the other residents. She said there would be two houses crammed on two very, very small lots. She urged the BZA to study this tonight and definitely make it part of their consideration because she doesn’t believe this qualifies for the variances Schalmo is requesting.
Chairman Dale Riggenbach asked if there was anyone else who wanted to speak and further stated that he has thought about this a lot stating there have been some variances in the past that were passed that were actually smaller than what they were looking at this evening. One example is on Fruitland where three homes were put in and he said they are snug. He commented how sometimes the BZA says no and sometimes says yes and wondered how they can say no to this request when they’ve said yes to them before.
With no further discussion and no correspondence received at the township office either for or against the variances, Chairman Riggenbach asked the Board for a motion for a ballot vote.
FLOYD FERNANDEZ MOTIONED FOR A BALLOT VOTE WITH PAN ASLANIDES ASKING IF IT WOULD BE ONE VOTE FOR PARCEL 1 & 2 TOGETHER. THE BOARD AGREED TO VOTE SEPARATELY.
DALE RIGGENBACH MOTIONED TO VOTE SEPARATELY ON THESE VARIANCES FOR APPEAL #534 AND APPEAL #535 SECONDED BY PAN ASLANIDES. MOTION CARRIED.
The following votes were read aloud by Chairman Dale Riggenbach for parcel #1 – appeal #534:
Pan Aslanides - NO
Gary Brahler - NO
Dale Riggenbach - NO
Nicholas Reynolds - NO
Floyd Fernandez - NO
The variance for Parcel #1 –
Appeal #534 was DENIED.
The following votes were read aloud by Chairman Dale Riggenbach for parcel #2 – appeal #535:
Pan Aslanides - NO
Gary Brahler - NO
Dale Riggenbach - NO
Nicholas Reynolds - NO
The variance for Parcel #2 –
Appeal #534 was DENIED.
Minutes - Board of
Zoning Appeals - December 3, 2007
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ADJOURNMENT:
FLOYD FERNANDEZ MOTIONED TO ADJOURN AT 7:35 PM SECONDED BY GARY BRAHLER. MOTION CARRIED.
______________________________________
Dale Riggenbach, Chairman
______________________________________
Pan Aslanides, Secretary
Zoning
Board of Appeals Minutes Folder: Zoning Board of Appeals Minutes for
December 3, 2007.doc