ZONING BOARD OF APPEALS
MONDAY, MARCH 5, 2007
Board Members Present: Dale Riggenbach, Chairman
Nicholas Reynolds, Vice Chairman
Pan Aslanides, Secretary
Floyd Fernandez, Alternate
Board Members Absent: Dennis Haas
Trustees Present: Lisa Shafer, President
Zoning Inspector Present: Keith Lasure
PURPOSE:
Damon E. White of 4958 Stoner – Requesting a variance for a Conditional Zoning
Certificate for his existing home business, White Lightning Fence Co., LLC
Lawrence M.
Kline of 6975
Zoning Certificate for a home business to run a gun repair shop.
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:
Damon White of 4958 Stoner NE, Louisville stepped to the podium and said he is requesting permission to continue his home based business, which is a small fence company. He said all work takes place at people’s homes, there are no retail sales, no in and out traffic and he has no intention of placing a sign out front. He said he likes to keep a low profile and keeps his property neat and clean.
Zoning Inspector, Keith Lasure, said when he was checking the property, it was neat and so well kept that he couldn’t find it at first.
Nicholas Reynolds questioned how far back the property goes behind the garage. Mr. White said approximately 15’.
Pan Aslanides asked what the big, detached building (garage) in the back was used for. Mr. White said he parks his trucks in the garage.
Dale Riggenbach asked Mr. White if he did any stamping of materials. Mr. White said no, all is pre-fab or manufactured on site – nothing is done at the house.
With no further questions and no one present to speak for or against this variance, Dale Riggenbach asked for a motion for a ballot vote.
Floyd Fernandez motioned for a ballot vote, seconded by Nicholas Reynolds. MOTION CARRIED. Voting is as follows:
Pan Aslanides Yes
Dale Riggenbach Yes
Floyd Fernandez Yes
Nicholas Reynolds Yes
Chairman Riggenbach stated the Conditional Zoning Certificate was APPROVED and instructed Mr. White to make arrangements to meet with Mr. Lasure to get his Conditional Zoning Certificate.
SECOND CASE:
Mr. Lawrence M. Kline of 6975 Ravenna stepped to the podium asking the Board to grant his request for a home business for a gun repair shop. Mr. Kline said he will not be doing any sales. He will only be doing repairs and restorations. He said he has to have a license to purchase parts to do repairs on muzzle loaders and moderns to 1800’s.
Floyd Fernandez asked Mr. Kline if he had any children in the home. Mr. Kline said he does not. He stated he does not carry a gun. He said he has a Masters in Gunsmithing and also passed an exam. He is a member of the Gunsmiths Association. He said safety first – there’s no such thing as a safe gun. There will not be any firing of guns. He said he belongs to the Canton McKinley & Rifle Club so if there’s any firing of guns, it will be done at the range. He said there would be no one coming to the house. Everything is scheduled through the ATF by appointment only.
Keith Lasure explained the ATF has a system that is out of this world and most people who get in trouble do so because they don’t keep reports current. Mr. Lasure said the Stark County Sheriff Deputies will be very happy for this service because there are very few gunsmiths around. Mr. Lasure said it’s his opinion that this is a business that no one will even know is there.
Pan Aslanides asked Mr. Kline if he would have a sign. Mr. Kline said no. That would be inviting every criminal in town. He said, however, he does have a 6’ tall, 4’ wide, 1,200 pound safe. He said he is subject to ATF inspections. He said he keeps a Firearm Tracker Book, which is required. Any gun that comes in has to be put into this book, i.e. name, address, serial number, etc. He said if there’s a gun stolen in town and someone happens to bring one to him, he’ll have record of it.
Pan Aslanides asked Mr. Kline if this was his main job. Mr. Kline said no, he’s an iron worker by trade and this is his secondary job.
Nic Reynolds asked if the ATF has seen his property. Mr. Kline said no because he hasn’t applied for the license yet and won’t until he gets the Boards approval. He said unless Zoning approves his business, he cannot get a license. He said the ATF will actually contact zoning. He said it could take as long as six (6) months to get his license. He said during the application time, they will contact him and one of the requirements is having a safe, which he already has.
Nicholas Reynolds said his concern is the fact that Mr.
Kline is not far from a school and asked if the ATF had any distance requirements. Mr. Kline said they used to, but back in 1994
(under
Keith Lasure said after talking to Mr. Kline, it’s his opinion that Mr. Kline is a very responsible person, thinks he’ll do a good job and be an asset to the community.
Mr. Kline said he did have a police report run on himself, he’s never been arrested so nothing came up on the report. He said he spoke with all of his neighbors and none of them have a problem.
Mr. Riggenbach asked the Board if they had any further questions. There were none. Mr. Riggenbach asked if there was anyone in the audience to speak either for or against this variance.
Mr. Eugene O. Frank of 7397 Easton Street stepped to the podium and said his property butts up against Mr. Kline’s property but he’s close enough and knows about him and said he takes care of his property, mows every inch and there is not one weed and when Mr. Kline is finished, he puts everything away. He said Mr. Kline has a dog but he keeps him in a kennel. He said Mr. Kline never throws anything in the field, which many people do. Mr. Frank said in his opinion, people who take good care of their property would take good care of a business. He said Mr. & Mrs. Kline are good people and good neighbors and he’s in favor of the business and feels the Board should grant him permission to run his business out of his home.
With no further questions, no phone calls either for or against this variance and no one else to speak either for or against this variance, Dale Riggenbach asked for a motion for a ballot vote.
Floyd Fernandez motioned for a ballot vote, seconded by Pan Aslanides. MOTION CARRIED. Voting is as follows:
Pan Aslanides Yes
Dale Riggenbach Yes
Floyd Fernandez Yes
Nicholas Reynolds Yes
Chairman Riggenbach stated the Conditional Zoning Certificate was APPROVED and instructed Mr. Kline to make arrangements to meet with Mr. Lasure to get his Conditional Zoning Certificate.
OLD BUSINESS:
Keith Lasure asked the Board members to call him individually to discuss last month’s case that is going to court.
NEW BUSINESS:
There was no new business.
APPROVAL OF THE FEBRUARY 5, 2007 MINUTES:
Floyd Fernandez motioned to approve
the Minutes of February 5, 2007 with Nicholas Reynolds amending the last page
regarding his reason for voting yes in the Zevgolis case, to add based on a
yearly review and acreage involved on the Zevgolis property and the neighboring
properties, seconded by Pan Aslanides. MOTION CARRIED.
Before adjournment, a discussion was held in regards to a future case coming before the Board and several of the Board members are neighbors of this particular person. The Board agreed they are here to abide by zoning rules and that this would have no bearing on any decision they might make.
After discussion, Nicholas Reynolds moved that any testimony on any case before the Board must be done in person or via a notarized letter to be submitted as testimony, seconded by Floyd Fernandez. MOTION CARRIED. Township Secretary, Sharon Shaub, said she would change the wording in the letters that are mailed to adjoining property owners.
ADJOURNMENT:
Nicholas Reynolds motioned to
adjourn at 7:40 PM, seconded by Pan Aslanides. MOTION CARRIED.
__________________________________________
Dale
Riggenbach, Chairman
__________________________________________
Pan
Aslanides, Secretary