ZONING BOARD OF APPEALS
MINUTES
MONDAY, MAY 7, 2007
Board Members Present: Dale Riggenbach – Chairman
Nicholas Reynolds – Vice Chairman
Pan Aslanides – Secretary
Dennis Haas – Member
Floyd Fernandez - Member
Trustees Present: None
Zoning Inspector: Keith Lasure
Purpose: Hearing of the following six (6) cases:
Anthony A. Marko of
Conditional Zoning Certificate for an existing home business, Marko
Siding
& Home Improvements, subject to Article XI Conditional Zoning
Certificates
Subsection 115 of the
Resolution.
Rodney A. Brown of 4739 Maplegrove – applying for a variance for a Conditional Zoning Certificate for an existing home business, Sommers Roofing, Inc., subject to Article XI, Conditional Zoning Certificates
Subsection 115 of the
Kean Kanagy of 10566
Dennis L. Brown of 4174 Homeland – applying for a variance for a Conditional Zoning Certificate for an existing home business, Denny’s House Doctor, Inc., subject to Article XI Conditional Zoning Certificates Subsection 115 of the Nimishillen Township Zoning Resolution.
Wilson D. Lantz of 5584 Nickelplate – applying for a variance for a Conditional Zoning Certificate for an existing home business, Lantz Tree Service, subject to Article XI Conditional Zoning Certificates Subsection 115 of the Nimishillen Township Zoning Resolution.
Mr. Snyder with Schalmo Builders, Inc. of 464 Etheridge Blvd. S., Canal Fulton – requesting two variances on behalf of Nedra S. Rayner of 1146 Crescent Drive, Louisville, for one home to be built facing Stark Road NE, Louisville, Ohio, formerly known as 3922 Sandell Ave., NW, on Lot #100 in C. E. Schilling Allotment No. 2 per the requirements in Section 702.3 Minimum Lot and Yard Requirements of the Nimishillen Township Zoning Resolution.
·
required 12,000 sq. ft.
·
Allow for a 17-foot setback off of
Zoning Board of Appeals Chairman, Dale Riggenbach, opened the hearing at 7:00 PM, introduced the Board, Zoning Inspector and Township Secretary and did a mass swearing in of everyone in attendance of tonight’s hearings.
FIRST CASE:
Anthony Marko of 5951 Meese stepped to the podium stating he is applying for a variance for a Conditional Zoning Certificate for his existing home business, Marko Siding & Home Improvements. He stated there is no traffic / customers in and out of his home nor any deliveries. He also stated he does not have a sign. He has been in business for two (2) years. All work takes place on-site and he does not store any supplies or equipment at his residence.
There was no one in attendance to speak either for or against this variance. Zoning Inspector, Keith Lasure, stated he received no phone calls or letters regarding this variance.
With no further discussion, Chairman Riggenbach asked the Board for a motion for a ballot vote. Dennis Haas motioned for a ballot vote, seconded by Floyd Fernandez. MOTION CARRIED. The following votes were read aloud by Chairman Dale Riggenbach:
Floyd Fernandez – Yes
Nicholas Reynolds – Yes
Dale Riggenbach – Yes
Pan Aslanides – Yes
Dennis Haas – Yes
The variance for the Conditional Zoning Certificate was APPROVED. Chairman Riggenbach instructed Mr. Marko to contact Mr. Lasure and make arrangements to meet with him during normal office hours and his Conditional Zoning Certificate for his home business would be issued at that time.
SECOND CASE:
Rodney A. Brown of
4739 Maplegrove stepped to the podium requesting a variance for a
Conditional Zoning Certificate for his existing home business, Sommers Roofing,
Inc. He stated he has a warehouse in
Floyd Fernandez stated Mr. Brown has a beautiful place and
has no problem with his home business.
Keith Lasure said Mr. Brown’s business in
Pan Aslanides asked Mr. Brown if he stored anything in his four-car garage. Mr. Brown said he stores his personal cars but nothing is stored pertaining to his business.
There was no one in attendance to speak either for or against this variance. Keith Lasure said he received no phone calls or letters.
With no further discussion, Chairman Riggenbach asked the Board for a motion for a ballot vote. Dennis Haas motioned for a ballot vote, seconded by Nicholas Reynolds. MOTION CARRIED. The following votes were read aloud by Chairman Dale Riggenbach:
Pan Aslanides – Yes
Dennis Haas – Yes
Dale Riggenbach – Yes
Floyd Fernandez – Yes
Nicholas Reynolds – Yes
The variance for the Conditional Zoning Certificate was APPROVED. Chairman Riggenbach instructed Mr. Brown to contact Mr. Lasure and make arrangements to meet with him during normal office hours and his Conditional Zoning Certificate for his home business would be issued at that time.
THIRD CASE:
Kean Kanagy of 10566 Easton in Alliance stepped to the podium stating he is applying for a variance to build an addition on the back of his house within 9’6” of his garage rather than the allowed distance of 15’. He stated it would be single story with a ˝ bath and utility room but no basement. The addition will be the same style as his house. More discussion followed.
Keith Lasure said he received no negative responses by phone or by mail.
Chairman Riggenbach asked if there was anyone in attendance who wanted to speak either for or against this variance.
Dennis Biery of 6582 Paris stepped to the podium and said he owns property next to Mr. Kanagy and he has no problem at all with the request for a variance for an addition.
With no one else to speak either for or against this variance and with no further discussion, Chairman Riggenbach asked the Board for a motion for a ballot vote.
Floyd Fernandez motioned for a ballot vote, seconded by Pan Aslanides. MOTION CARRIED. The following votes were read aloud by Chairman Dale Riggenbach:
Dennis Haas – Yes
Pan Aslanides – Yes
Dale Riggenbach – Yes
Floyd Fernandez– Yes
Nicholas Reynolds – Yes
The variance for the addition was APPROVED. Chairman Riggenbach instructed Mr. Kanagy to contact Mr. Lasure and make arrangements to meet with him during normal office hours and the permit for his addition would be issued at that time.
FOURTH CASE:
Dennis Brown of 4174
Homeland stepped to the podium stating he is applying for a variance for a
Conditional Zoning Certificate for his existing home business, Denny’s House
Doctor. He said he’s been there for
thirteen (13) years and also has a license from the City of
There was no one in attendance to speak either for or against this variance and Keith Lasure stated he received no negative letters or phone calls.
With no further discussion, Chairman Riggenbach asked the Board for a ballot vote. Dennis Haas motioned for a ballot vote, seconded by Nicholas Reynolds. MOTION CARRIED. The following votes were read aloud by Chairman Dale Riggenbach:
Floyd Fernandez – Yes
Nicholas Reynolds – Yes
Dale Riggenbach – Yes
Dennis Haas – Yes
Pan Aslanides – Yes
The variance for the Conditional Zoning Certificate was APPROVED. Chairman Riggenbach instructed Mr. Brown to contact Mr. Lasure and make arrangements to meet with him during normal office hours and his Conditional Zoning Certificate for his home business would be issued at that time.
FIFTH CASE:
Wilson D. Lantz of 5584 Nickelplate stepped to the podium and said he is asking for a variance for a Conditional Zoning Certificate for his existing home business, Lantz Tree Service. He said he does tree trimming and tree removal and has been in business in the township for 47 years.
Dale Riggenbach asked Mr. Lantz if he used his accessory building for his business. Mr. Lantz said no but said he does have a garage but his truck sits outside because he doesn’t have a building big enough to put his truck in.
Chairman Riggenbach asked if there was anyone in attendance who wanted to speak either for or against this variance.
Josh Stewart of 5568 Nickelplate stepped to the podium and said he lives next door and has no problem whatsoever with Mr. Lantz’s business. He said trucks do sit outside but he’s lived there for six (6) years and has no problem.
With no one else to speak either for or against this variance and with no further discussion, Chairman Riggenbach asked the Board for a motion for a ballot vote. Dennis Haas motioned for ballot vote, seconded by Nicholas Reynolds. MOTION CARRIED. The following votes were read aloud by Chairman Dale Riggenbach:
Floyd Fernandez – Yes
Nicholas Reynolds – Yes
Dale Riggenbach - Yes
Dennis Haas – Yes
Pan Aslanides – Yes
The variance for the Conditional Zoning Certificate was APPROVED. Chairman Riggenbach instructed Mr. Lantz to contact Mr. Lasure and make arrangements to meet with him during normal office hours and his Conditional Zoning Certificate for his home business would be issued at that time.
SIXTH CASE:
Mr. Snyder with Schalmo Builders, Inc. of 464 Etheridge Blvd., Canal Fulton stepped to the podium and stated he is requesting two (2) variances on behalf of Nedra S. Rayner of 1146 Crescent Drive, Louisville, for one home to be built facing Stark Road NE, Louisville, Ohio, formerly known as 3922 Sandell Ave., NW: 1) Lot #100 – Allow a lot area of 10,318 sq. ft. rather than the required 12,000 sq. ft. and 2) allow for a 17-foot setback off of Sandell Ave. NE instead of the required 30-foot setback for side yard setbacks on corner lots in R-1 Zoning.
Mr. Snyder further stated the previous house that sat on Sandell burned down and he is buying the lot from Ms. Rayner. He said this will be a spec home; not a home for Ms. Rayner.
The Board asked many questions such as:
1) Does the house have county sewer? The answer was yes.
2) Is the house designed specifically for this lot? The answer was yes.
3) Will this house be similar to other houses in the allotment? No – this is a three (3) bedroom ranch with two baths and will have a full basement and a two-stall garage.
Zoning Inspector, Keith Lasure, said he has one problem and said he feels there is a definite water problem on this lot. Mr. Lasure said he’s had several calls but most of the calls were informational calls only – no negative calls or letters. Township Secretary,
Sharon Shaub, said she received one call against this variance. Attending township resident, Ms. Denae Murphy, spoke from her seat in the back of the room and said she was the one who made that particular call.
The Board had several questions ranging from location of the home to setbacks and flooding issues. Answers and discussion followed and the following residents stepped to the podium to speak.
Dale Pyles of 3935 Beck said he has lived there since 1980 and this area has flooded at least six (6) times but did say the recent ditching by the township road department has helped but said there has not been any rain like the rains we had in 2003 when all of the City of Louisville and Nimishillen Township had flooding problems. It was stated there is an open ditch on the west side along Sandell, which has helped with flooding problems.
The Board was looking at several drawings and discussion was held regarding the drawing along with discussions about the house on Sandell that burned down and was condemned by the Federal Government. Discussion was also held regarding the land and water flow. Mr. Pyles was still standing at the podium and said his concern is the water problem and the problem it might cause the builder and said he has no problem with a nice house being built.
Other residents that spoke were:
Deane Murphy of 5925 Cassidy who was there on behalf of her mother and was very much against the variance and Rich Perrenoud of 3965 Beck spoke; however, at this point there were several conversations going on simultaneously which made it impossible to decipher any one conversation.
There was also a lot of discussion as to how the water problem would be handled if the variance were approved. After much conversation and confusion, Dennis Haas intervened stating the Board is only voting on the two listed requests for a variance and nothing else – they are not voting on a building permit.
With a lot of discussion still going on, Floyd Fernandez spoke up and motioned for a ballot vote, seconded by Dennis Haas. MOTION CARRIED. The following votes were read aloud by Chairman Dale Riggenbach:
Dennis Haas – Yes
Pan Aslanides – Yes
Dale Riggenbach – Yes
Floyd Fernandez– Yes
Nicholas Reynolds – Yes
The two variances for a home to be built facing
OLD BUSINESS:
Because Zoning Inspector, Keith Lasure, will be on vacation on June 4th, the Board agreed to hold June’s hearings on Monday, June 11, 2007 at 7:00 PM.
NEW BUSINESS:
There was no new business to discuss.
APPROVE MINUTES
FOR APRIL 2, 2007:
Floyd Fernandez motioned to approve the April 2, 2007 Minutes, as written, seconded by Dennis Haas. MOTION CARRIED.
ADJOURNMENT:
Pan Aslanides motioned to adjourn, seconded by Nicholas Reynolds. MOTION CARRIED.
The meeting adjourned at 8:15 PM.
______________________________________
Dale Riggenbach, Chairman
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Pan Aslanides, Secretary