MINUTES

ZONING BOARD OF APPEALS

MONDAY, JUNE 11, 2007 – 7:00 PM

 

 

BOARD MEMBERS:           Dale Riggenbach, Chairman

                                                Nicholas Reynolds, Vice Chairman

                                                Pan Aslanides, Secretary

                                                Dennis Haas, Board Member

                                                Floyd Fernandez, Board Member

                                                Gary Brahler, Alternate

 

ZONING INSPECTOR:       Keith Lasure

 

PURPOSE:    Cynthia Long of 9327 Georgetown Street – applying for a variance for

a Conditional Zoning Certificate for a home occupation for piano

lessons and early childhood music classes,  subject to Article XI

Conditional Zoning Certificates – Subsection 115 of the Nimishillen

Township Zoning Resolution.

 

                        James L. Yerkey, Jr. of 5568 Broadway Ave. – applying for a

variance for a Conditional Zoning Certificate for a home occupation

for a landscaping business to do billing and related paperwork,

subject to Article XI Conditional Zoning Certificates – Subsection 115

of the Nimishillen Township Zoning Resolution.

 

Daniel N. Johnson of 9254 Columbus Rd. - applying for a variance for

an accessory building of 1,536 sq. ft. instead of the allowed 1,280 sq. ft.

as permitted in Section 602.4 Accessory Buildings, Structures and

Uses of the Nimishillen Township Zoning Resolution.

 

Zoning Board of Appeals Chairman, Dale Riggenbach, opened the meeting at 7:00 PM and introduced Zoning Inspector, Keith Lasure, Township Secretary, Sharon Shaub, members of the Zoning Board of Appeals and alternate Gary Brahler.  Mr. Riggenbach swore in everyone in attendance by asking them to swear that the information they were about to present, either in oral or written form, is true and accurate to the best of their knowledge.  The people responded by stating, “I do”.

 

FIRST CASE:

 

Cyndi Long of 9327 Georgetown Street stepped to the podium and said she has two degrees and has been teaching piano for ten (10) years.  She recently moved to the township and is requesting a variance to teach piano lessons and early childhood music classes.  She stated she would be doing this part time - about 20-25 hours a week at the most - which includes both piano lessons and classes.  She stated there would not be much traffic in and out.  Classes will be held at interval times.

The office received no phone calls and no correspondence.  With no further questions from the Board and no one in attendance to speak either for or against this variance, Mr. Riggenbach asked for a motion for a ballot vote.

 

Floyd Fernandez motioned for a ballot vote, seconded by Dennis Haas.  MOTION CARRIED.  Voting went as follows:

 

                                    Dennis Haas                -           Yes

                                    Dale Riggenbach         -           Yes

                                    Pan Aslanides             -           Yes

                                    Floyd Fernandez          -           Yes

                                    Nicholas Reynolds      -           Yes

 

Chairman Riggenbach stated the Conditional Zoning Certificate was APPROVED and instructed Mrs. Long to make arrangements to meet with Mr. Lasure to get her Conditional Zoning Certificate.

 

Dennis Haas explained Conditional Zoning Certificates are renewable yearly; however, if there’s ever any problem with the conditions of the Conditional Zoning Certificate, it may not be automatically renewed.

 

SECOND CASE:

 

James L. Yerkey, Jr.  of 5568 Broadway Avenue stepped to the podium and said he is applying for a Conditional Zoning Certificate to do paperwork in his home such as making phone calls, billing and placing ads in the paper for his landscaping business.  Mr. Yerkey stated he does not have a sign.  It was explained to him that under the terms of the Conditional Zoning Certificate, he is allowed a sign but he said he does not want one.

 

When asked if there would be traffic in and out of his home, Mr. Yerkey said no.  When asked about the trucks in his driveway, Mr. Yerkey said they are his personal trucks and his neighbor’s truck.

 

Two letters were received regarding Mr. Yerkey’s request for a variance.  Both had no problem with Mr. Yerkey running a business out of his home.

 

With no further questions from the Board and no one in attendance to speak either for or against this variance, Mr. Riggenbach asked for a motion for a ballot vote.

 

Dennis Haas motioned for a ballot vote, seconded by Pan Aslanides.  MOTION CARRIED.  Voting went as follows:

 

Floyd Fernandez          -           Yes

                                    Nicholas Reynolds      -           Yes

                                    Dennis Haas                -           Yes

                                    Pan Aslanides             -           Yes

                                    Dale Riggenbach         -           Yes

 

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

 

THIRD CASE:

 

Daniel N. Johnson of 9254 Columbus Rd. stepped to the podium and stated he is applying for a variance for an accessory building of 1,536 sq. ft.

 

Before starting with the third case, Keith Lasure asked the Board if they would consider including a second variance for the height of the accessory building.  After discussion, Dennis Haas motioned that the request for the variance would cover the increased size as well as allow the size for the increased height, seconded by Floyd Fernandez.  The Board agreed by saying, “I do”.  MOTION CARRIED.

 

Dale Riggenbach then continued stating Mr. Johnson submitted an excellent drawing.  When asked what he would be using the accessory building for, Mr. Johnson said it would be used to store his own personal tractor equipment and would not be used for a business.  He said his equipment now sits outside.

 

Dennis Haas questioned Mr. Johnson’s lot size.  Mr. Johnson said he has five (5) acres and is surrounded by woods and said no one can see his house except from Columbus Road.

 

The office received no phone calls and no correspondence.  With no further questions from the Board and no one in attendance to speak either for or against this variance, Mr. Riggenbach asked for a motion for a ballot vote.

 

Dennis Haas motioned for a variance for the size of 1,536 sq. ft. instead of the allowed 1,280 sq. ft. and to allow for a variance for a height above the max currently allowed, 17 feet, up to as high as 18 –1/2 feet, not an unlimited height but allow an extra 1-1/2 feet, seconded by Nicholas Reynolds.  MOTION CARRIED.  Voting went as follows:

 

 

Floyd Fernandez          -           Yes

                                    Nicholas Reynolds      -           Yes

                                    Dennis Haas                -           Yes

                                    Pan Aslanides             -           Yes

                                    Dale Riggenbach         -           Yes

 

Chairman Riggenbach stated the variance for the accessory building was APPROVED and instructed Mr. Johnson to make arrangements to meet with Mr. Lasure to get his permit.

 

 

 

OLD BUSINESS:  There was no old business to discuss.

 

NEW BUSINESS:  Discussion was held regarding the July 2nd, 2007 hearing.  After discussion, Nicholas Reynolds motioned to change the July 2nd meeting to July 9th, seconded by Dennis Haas.  The Board agreed by saying, “I do”.  MOTION CARRIED.

 

Dennis Haas brought up that no signs were on the properties to be checked for tonight’s cases, which made it difficult to find the exact properties.  Mr. Lasure apologized stating he was on vacation and failed to make sure the signs were put up assuring this would be done in the future.

 

APPROVAL OF THE MAY 7, 2007 MINUTES:

 

Dale Riggenbach motioned to approve the May 7, 2007 Minutes, as written, seconded by Floyd Fernandez.  The Board agreed by saying, “I do”.  MOTION CARRIED.

 

ADJOURNMENT:

 

At 7:22 PM, Nicholas Reynolds motioned to adjourn, seconded by Pan Aslanides.  The Board agreed by saying, “I do”.  MOTION CARRIED.

 

 

 

 

                                                            __________________________________________

                                                            Dale Riggenbach, Chairman

 

 

 

 

                                                            __________________________________________

                                                            Pan Aslanides, Secretary