ZONING BOARD OF APPEALS

MONDAY, APRIL 2, 2007 – 7:00 PM

 

 

BOARD MEMBERS:           Dale Riggenbach, Chairman

                                                Nicholas Reynolds, Vice Chairman

                                                Pan Aslanides, Secretary

                                                Dennis Haas

                                                Floyd Fernandez, Alternate

 

TRUSTEES(S) PRESENT:  Lisa Shafer, President

 

ZONING INSPECTOR:       Keith Lasure

 

PURPOSE:    Ruthann Moore of 5682 Alcorn – applying for a variance for a

                        Conditional Zoning Certificate for an existing embroidery business in

                        her home, subject to Article XI Conditional Zoning Certificates –

                        Subsection 115 of the Nimishillen Township Zoning Resolution.

 

                        Eric Yoder of 8831 Columbus – applying for a variance for an

                        accessory building of 2,688 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.

 

                        Norman Saeger of 4956 Eshelman – applying for a variance for a

                        Conditional Zoning Certificate for an existing home business, Saeger

                        Architectural Services, subject to Article XI Conditional Zoning

                        Certificates – Subsection 115 of the Nimishillen Township Zoning

                        Resolution.

 

Zoning Board of Appeals Chairman, Dale Riggenbach, opened the meeting at 7:00 PM and introduced the Zoning Board of Appeals, Zoning Inspector, Township Secretary and Trustee Lisa Shafer.  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:

 

Ruthann Moore of 5682 Alcorn stepped to the podium and said her lifetime hobby has been sewing.  She uses home sewing machines and home embroidery equipment and does not have any commercial machines.  She stated she does not advertise, does not solicit business and is very low key and practically invisible.  There are no deliveries made to her home, she does not have a sign and does not want a sign and does not have any type of storage facility.  She said she does have an Ohio Vender’s License and if she makes something that someone wants to buy, she sells it with the Ohio State Tax and turns it into the State of Ohio.

Pan Aslanides asked Mrs. Moore who her customers are.  Mrs. Moore said it’s mostly friends and she makes baby gifts for friends.  She said she did one craft show last year and she sells her items at Pasthyme Treasures located in downtown Louisville.  She said someone might come to her home to pick up an item if they can’t get to the store, but she said that is very rare.

 

Keith Lasure spoke in favor stating her house is very neat and no one would have any idea that there is a business at her home.  Mr. Lasure said he received ten to fifteen calls about this variance with most of them being informational calls.

 

Resident Pam Riggenbach 5650 Alcorn stepped to the podium stating she lives next door to Mrs. Moore.  She said Mrs. Moore does not advertise, has a beautiful home and the lawn is always manicured and had no objections to Mrs. Moore’s home business.

 

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

 

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

 

                                    Nicholas Reynolds      -           Yes

                                    Pan Aslanides             -           Yes

                                    Dale Riggenbach         -           Yes

                                    Dennis Haas                -           Yes

                                    Floyd Fernandez          -           Yes

 

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

 

SECOND CASE:

 

Eric Yoder of 8831 Columbus Road stepped to the podium and said he acquired the land beside him through an estate settlement and is applying for a variance for an accessory building to be used to house animals, i.e. sheep, chickens, etc.  He said the reason he is applying for a bigger building is because everyone they know said they wished they had built a bigger building.

 

Dale Riggenbach asked Mr. Yoder if he is planning on putting up a fence and he said he was.  Mr. Riggenbach then asked about the setbacks from Columbus Road.  Mr. Yoder said he believes it’s 50 to 60 feet back.  Mr. Lasure said all the setbacks are okay.

 

Dennis Haas asked Mr. Yoder the size of his lot in acres.  Mr. Yoder said he thinks it is about 2 acres.  After some discussion, it was stated that the lot size is bigger than one and less than five acres.

 

 

 

Pan Aslanides asked Mr. Yoder who owned the land behind him.  Mr. Yoder said its all farm land and Mr. Burger owns the land.  He said he spoke with Mr. Burger today.  Mr. Burger wanted to know where the building was going to go.  Mr. Yoder said after he explained it to him, Mr. Burger was fine with it.  Mr. Yoder said across from him is all Sacred Heart land.

 

Nick Reynolds asked where the property line was in regards to the wood pile.  Mr. Yoder said it’s within five feet of the wood.

 

Dennis asked Mr. Yoder if raising animals was more of a hobby than a business.  Mr. Yoder said the animals would be used for income explaining that he has a business in town.

 

Nick Reynolds asked about the drawings.  Mr. Yoder said he sent some things to a builder regarding projected prices but as of this date, Mr. Yoder has not received anything back from the builder.

 

Keith Lasure said Mr. Yoder is in good shape as far as setbacks are concerned.  The only thing Mr. Yoder is asking for is the size.  The height is well within the limit.

 

Discussion was held in regards to having a hay mound.  Mr. Yoder said the hay mound will be placed in the height in the center.

 

Pan Aslanides asked if the building would have a dirt floor or a cement floor.  Mr. Yoder said he thinks he will most likely end up with a cement floor for easier maintenance.

 

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 is as follows:

 

                                    Floyd Fernandez          -           Yes

                                    Nicholas Reynolds      -           Yes

                                    Dale Riggenbach         -           Yes

                                    Dennis Haas                -           Yes

                                    Pan Aslanides             -           Yes

 

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

 

 

 

 

THIRD CASE:

 

Norman Saeger of 4956 Eshelman stepped to the podium and stated he is an architect working out of his home doing paperwork for additions or homes.  He stated on occasion, people do drop off things such as blueprints or pick up things but there is not a constant flow of traffic in and out of his home.  He said he meets most of his clients at their place, especially the residential type where he actually has to see the house to see what they want done.  He stated he is not a contractor so there are no building materials at his home. 

 

The Board had no further questions for Mr. Yoder.  Chairman Riggenbach asked if there was anyone in attendance who wanted to speak either for or against this variance.

 

Resident Sandy Dougherty of 4943 Eshelman stepped to the podium and said she is the immediate neighbor to the left of Mr. Yoder and she has no objection to this variance stating there is no traffic in or out of Mr. Yoder’s house. 

 

Keith Lasure said he has not received any calls regarding this variance.

 

Pan Aslanides asked Mr. Yoder if there would be a sign.  Mr. Yoder said he noticed in the paperwork that he is allowed a 2’ x 3’ sign and he said he would like to put up a sign.

 

Dale Riggenbach asked Keith Lasure if the camper at Mr. Yoder’s had current plates.  Mr. Yoder answered and said it does.

 

With no further questions from the Board and no one else in attendance to speak regarding this variance, Chairman Riggenbach asked for a motion for a ballot vote.

 

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

 

                                    Floyd Fernandez          -           Yes

                                    Nicholas Reynolds      -           Yes

                                    Dale Riggenbach         -           Yes

                                    Dennis Haas                -           Yes

                                    Pan Aslanides             -           Yes

 

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

 

OLD BUSINESS:  There was no old business to discuss.

 

 

 

NEW BUSINESS:  Because Zoning Inspector, Keith Lasure, will be on vacation the first Monday in June and after discussion, Chairman Riggenbach asked for a motion from the Board.  Dennis Haas motioned to change the June meeting from June 4th to June 11th, 2007, seconded by Nicholas Reynolds.  MOTION CARRIED.

 

APPROVAL OF THE MARCH 5, 2007 MINUTES:

 

Nicholas Reynolds motioned to accept the March 5, 2007 Minutes, as written, seconded by Floyd Fernandez.  MOTION CARRIED.

 

ADJOURNMENT:

 

At 7:30 PM, Dennis Haas motioned to adjourn, seconded by Dale Riggenbach.  MOTION CARRIED.

 

 

 

 

                                                            __________________________________________

                                                            Dale Riggenbach, Chairman

 

 

 

 

                                                            __________________________________________

                                                            Pan Aslanides, Secretary