MINUTES

BOARD OF ZONING APPEALS

TUESDAY, APRIL 1, 2008 – 6:30 PM

Board Members Present: Dale Riggenbach – Chairman

Nicholas Reynolds – Vice Chairman

Pan Aslanides – Secretary

Floyd Fernandez – Member

Gary Brahler – Member

Ed Metzger - Alternate

Trustees Present: None

Zoning Inspector: Keith Lasure

Purpose: Organizational Meeting and Hearing of the following three (3)

cases:

Appeal #536 - Sher Mohamed of 10388 Beech St. NE, Alliance is

requesting a variance for an accessory building of 2,004 sq. ft. instead of

the allowed 1,280 sq. ft. and a height of 24 feet instead of the allowed 17

feet as permitted in Sec. 602.4 of the Nimishillen Township Zoning

Resolution.

Appeal #537 – Michael & Susan Pumneo of 10569 Easton NE,

Alliance are requesting an accessory building of a height of 19 feet

instead of the allowed 17 feet as permitted in Sec. 602.4 of the

Nimishillen Township Zoning Resolution.

Appeal #542 – Timothy K. Link of 5103 Broadway NE, Louisville is

requesting a variance for an accessory building of 3,000 sq. ft. instead of

the allowed 1,280 sq. ft. and a height of 24 feet instead of the allowed 17

feet as permitted in Sec. 602.4 of the Nimishillen Township Zoning

Resolution. Mr. Link has a Conditional Use Permit for a home business.

The accessory building will allow him to store all of his equipment under

roof.

NOTE: Due to a malfunction of either the CD or recording equipment, there is no recording of tonight’s hearings.

Chairman Dale Riggenbach opened the hearing at 6:30 PM, introduced the Board, Zoning Inspector and Township Secretary and did a mass swearing in of everyone in attendance of tonight’s hearing.

Minutes - Board of Zoning Appeals – April 1, 2008

ORGANIZATIONAL MEETING – SET DAY AND TIME FOR HEARINGS:

Election of Officers (Chairman, Vice Chairman & Secretary): Chairman Riggenbach asked the Board for nominations of officers.

FLOYD FERNANDEZ MOTIONED TO RETAIN THE ENTIRE BOARD AS IS – DALE RIGGENBACH CHAIRMAN, NICHOLAS REYNOLDS VICE CHAIRMAN AND SECRETARY PAN ASLANIDES, SECONDED BY GARY BRAHLER. All voted yes. MOTION CARRIED.

Set Day and Time for Meetings: After discussion, the Board agreed to keep the day and time the same, which is the first Tuesday of each month at 6:30 PM at the township hall located at 4422 Maplegrove.

FIRST CASE – APPEAL #536:

Mr. Sher Mohammed of 10388 Beech Street, Alliance stepped to the podium and stated he is requesting a variance for an accessory building over the allowed sq. ft. and height. He said it would be for personal use only so he can store his cars and his personal snow equipment. He stated he would not be using it for anything commercial or business.

Residents in favor of this variance:

Ø Ray Tritt of 10443 Beech Street – was only concerned whether or not this building would be for commercial use. Mr. Mohammed said it’s for his personal use only.

There was no one in attendance to speak against this variance.

With no further questions or correspondence received at the township office and only a couple phone calls questioning the use of the building, Chairman Riggenbach asked the Board for a motion for a ballot vote.

NICHOLAS REYNOLDS MOTIONED FOR A BALLOT VOTE FOR BOTH THE AREA AND HEIGHT OF THE ACCESSORY BUILDING, SECONDED BY PAN ASLANIDES. MOTION CARRIED. Voting is as follows:

Floyd Fernandez - YES

Gary Brahler - YES

Pan Aslanides - YES

Nicholas Reynolds - YES

Dale Riggenbach - YES

Minutes - Board of Zoning Appeals – April 1, 2008

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

SECOND CASE – APPEAL #737:

Mr. Pumneo of 10569 Easton, Louisville stepped to the podium and stated he is requesting a variance for an accessory building with a height of 19 feet instead of the allowed 17 feet. Mr. Pumneo stated he would be using the building to store his existing RV (which now sits outside) and to store items in his storage shed which will be tore down.

Mr. Pumneo said he has estimates from two builders and said the building would be metal siding with a shingled roof to match his house.

Those speaking in favor of the variance:

Ø Kean Kanagy of 10566 Easton said he has no problems whatsoever with the variance

Ø Harold Yoder of 5668 Maplegrove said he has no problems with the variance

There was no one in attendance to speak against this variance.

With no further questions or correspondence or phone calls received at the township office, Chairman Riggenbach asked the Board for a motion for a ballot vote.

FLOYD FERNANDEZ MOTIONED FOR A BALLOT VOTE, SECONDED BY GARY BRAHLER. Voting is as follows:

Floyd Fernandez - YES

Gary Brahler - YES

Pan Aslanides - YES

Nicholas Reynolds - YES

Dale Riggenbach - YES

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

THIRD CASE – APPEAL #542:

Mr. Timothy K. Link of 5103 Broadway NE, Louisville stepped to the podium and stated he is requesting a variance for an accessory building of 3,000 sq. ft. and a height of 24 feet so he can store all of his tree equipment inside including his trucks,

Minutes - Board of Zoning Appeals – April 1, 2008

bobcat, trailer, tires and rims. He stated he has a Conditional Use Permit for his tree trimming business granted by the Board a couple years ago and needs the larger sized building to store all of his equipment.

Mr. Lasure said he has not had any complaints on Mr. Link’s tree trimming business.

Those speaking in favor of the variance:

Ø John Miller of 5073 Broadway – said Tim runs a clean and neat business and has no problems with his request

Ø Debbie Prowant of 5119 Broadway said she has no problems at all

With no further questions or correspondence or phone calls received at the township office, Chairman Riggenbach asked the Board for a motion for a ballot vote.

FLOYD FERNANDEZ MOTIONED FOR A BALLOT VOTE, SECONDED BY PAN ASLANIDES. Voting is as follows:

Floyd Fernandez - YES

Gary Brahler - YES

Pan Aslanides - YES

Nicholas Reynolds - YES

Dale Riggenbach - YES

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

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 DECEMBER 3, 2007 MINUTES AS WRITTEN SECONDED BY PAN ASLANIDES. MOTION CARRIED.

Minutes - Board of Zoning Appeals – April 1, 2008

ADJOURNMENT:

DALE RIGGENBACH MOTIONED TO ADJOURN AT 7:00 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 April 1, 2008.doc