MINUTES

BOARD OF ZONING APPEALS

TUESDAY, AUGUST 5, 2008 – 6:30 PM

Board Members Present: Dale Riggenbach – Chairman

Nicholas Reynolds – Vice Chairman

Floyd Fernandez – Member

Gary Brahler – Member

Ed Metzger - Alternate

Board Member Absent: Pan Aslanides – Secretary

Trustees Present: Allen Gress

Zoning Inspector: Keith Lasure

Purpose: Hearing of the following case:

Appeal #543 – Robert Nelson of 4180 Fargo is requesting a

variance for a setback of 18’ instead of the required 30’ for a corner

lot for an accessory building (garage) and for a height of 27’ in-

stead of the allowed 17’ as permitted in Sec. 602.4 of the Nimishillen

Township Zoning Resolution. The new garage will replace an old

Garage, which will be tore down.

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

Since Mr. Nelson was not yet here, the meeting started with approval of the May 6, 2008 minutes.

APPROVAL OF MINUTES:

FLOYD FERNANDEZ MOTIONED TO APPROVE THE WRITTEN MINUTES FOR MAY 6, 2008 seconded by Gary Brahler. All were in favor. MOTION CARRIED.

NEW / OLD BUSINESS:

There was no new business or old business to discuss.

HEARING OF APPEAL #543:

Township secretary, Sharon Shaub, called Mr. Nelson. Mr. Nelson said he had just gotten home and would not be able to attend and asked if Mr. Lasure could represent

Minutes - Board of Zoning Appeals – August 5, 2008 (Cont.)

him. After asking Mr. Lasure, I told Mr. Nelson that Lasure could represent him at tonight’s hearing.

Zoning Inspector, Keith Lasure, said Mr. Nelson has an existing foundation with an old building sitting on it, which will be tore down. Mr. Lasure said Mr. Nelson wants to build a garage on that existing foundation and is asking for a variance for a setback of 18’ instead of the allowed 30’ for a corner lot and asking for 27’ in height instead of the allowed 17’.

The old foundation is located across from Kagey’s parking lot. Mr. Lasure said it’s on the vacant lot and said the building will face north – entering in to the building off of Fargo.

Mr. Lasure said the purpose of the garage is for storage. When asked if Mr. Nelson resides in the house, Mr. Lasure said it’s his understanding he does or did live in the house at one time.

Mr. Lasure was asked if he measured the area. Mr. Lasure said he did measure it and said it’s 18’ from the road right of way and a variance is being requested to go from 18’ instead of 30’. It was mentioned that the lot is only 60’ wide and not 66’ wide.

Mr. Riggenbach asked if the storage use would be for cars. Mr. Lasure said just general items and said it’s his understanding there are no other outbuildings around the house. Mr. Riggenbach said there’s a shed by the road. Mr. Lasure said he thought this was the building Mr. Nelson would be tearing down.

Mr. Metzger said if the shed is12’ from the road right of way, Mr. Nelson would need a variance on the other side and make it 2’ away from the property line because his lot is only 60’ wide and not 66’ as Mr. Nelson represented it to be stating it would have to be changed one way or the other or split the difference. Discussion followed.

Mr. Lasure said he found no problem with it because there seems to be plenty of room on the lot.

Mr. Riggenbach asked why Mr. Nelson wants to go 27’ in height. Mr. Lasure said Mr. Nelson did not say.

Mr. Fernandez said he sees a problem with the shed and wondered how it got there. Mr. Lasure said we couldn’t deal with the shed because it’s been there for as long as he can remember. Discussion was then held about zoning pertaining to the safety, health and well being of the township. Mr. Lasure said yes, but the shed was grandfathered in.

Minutes - Board of Zoning Appeals – August 5, 2008 (Cont.)

Discussion was then held on the 18’ setback and the ability to see around the road coming from the drive.

Mr. Metzger said most of the houses along that street are 25’ form the road right of way which is less than the 30’ that’s required in our zoning code which states if the other houses up and down the street are less than the required setback, then new construction can be set at the same setback. Mr. Metzger feels it should be no less than what the houses are along that street unless the variance is granted.

Mr. Riggenbach said it would be nice if Mr. Nelson was here so the Board could ask him if he would be willing to turn it, i.e. instead of making it 40 x 32, turn it around making it 32 x 40 giving him the distance he needs and bringing it closer to SR153 (Louisville Street). Discussion followed.

Mr. Lasure said if the Board wants, this hearing can be ‘continued’ to next month so Mr. Nelson could come. With the information given, it’s too hard to tell what Mr. Nelson’s intention is.

Chairman Riggenbach opened the floor for comments from Mr. Nelson’s neighbors in attendance of tonight’s hearing.

Melissa Granitsas of 6209: (Against the variance)

Mrs. Granitsas lives two houses from Mr. Nelson. She said Mr. Lasure said he didn’t see a problem with it because Nr. Nelson would be putting a new building on the existing foundation. Mrs. Granitsas asked how could he set something the size he wants to build on a much smaller foundation. She said the existing structure (as your calling it) is a shed – period. It’s not a garage. It’s just a shed. She said you couldn’t even fit a vehicle in the existing shed.

Mrs. Granitsas said even if the Board agreed to have it 25’ off the road, from where her house sits, she would have absolutely no view of Louisville Street. She also said they happen to know that Mr. Nelson wants to use the building for a car lot and will not be using it to store anything. She said she has three children who would be subject to whoever wants to come in and out of this ‘car lot’ during whatever hours of the day or night. She said this is not acceptable, she feels Mr. Nelson has misled the township as far as the property itself, he’s misled his intentions in as far as the existing building and said he wants to run a business there to detail and sell vehicles. She said he already has vehicles for sale on the lot all the time and also across the street.

Mr. Lasure said he would not be doing that because there would be a stipulation that he could not run a business at that location. Mrs. Granitsas said Mr. Nelson does not live in the home on the property and is against this variance.

Minutes - Board of Zoning Appeals – August 5, 2008 (Cont.)

Charles Goodwin of 6183 Louisville Street: (Against the variance)

Mr. Goodwin said he lives right beside the vacant lot and said Mr. Nelson told him he wants to build this garage to recondition cars. Mr. Goodwin said he now supplies water to the house but after today, he would shut off the water. Discussion followed.

Mr. Lasure said if this variance is granted, he (Mr. Nelson) would not be permitted to run a business out of this building.

James Saunders of 6198 Louisville Street: (Against the variance)

Mr. Saunders said Mr. Nelson is going to put a business in there and feels no one would be able to stop him. Mr. Saunders said the view from his window would be nothing but junk, which will not be cleaned up and the corner would be unsightly.

Discussion was held regarding tags on cars and the fact that Mr. Nelson flips the tags from one car to another.

Christian Granitsas of 6209 Louisville Street: (Against the variance)

Mr. Granitsas said it doesn’t matter if Mr. Nelson has 10 to 20 cars sitting there because if he keeps them plated and keeps moving them around, then how can zoning consider this a nuisance?

Mr. Lasure said Mr. Nelson could only cover 35% of his back yard with any item. Mr. Lasure said Mr. Nelson could not officially start a car lot at this location. Mr. Granitsas said if Mr. Nelson can work the system where he can buy and sell cars there and keep it within the legal limits, they (the neighbors) still have to look at the cars and everything else going on over there. Mr. Granitsas said the first step in doing this is building the garage he’s asking for. Mr. Granitsas said knowing Mr. Nelson, this will turn into a car lot whether it be an official car lot or an unofficial car lot and he’ll be running cars through there.

Mr. Fernandez said he would not support this at all and will not support a house with no water. Mr. Lasure said the house without water would have to be reported to the Stark County Health Department.

Discussion was held as to whether or not to ‘continue’ this hearing to next month so Mr. Nelson could be in attendance. Residents said he was notified the same as they all were, they took the time to show up at tonight’s hearing and said it was his (Mr. Nelson’s) choice not to show up.

Minutes - Board of Zoning Appeals – August 5, 2008 (Cont.)

When asked if there was any correspondence or phone calls received at the office, Mr. Lasure said there were none.

Mr. Riggenbach asked the Board for a ballot vote.

MR. METZGER MOTIONED FOR A BALLOT VOTE FOR APPEAL #543 seconded by Mr. Brahler. MOTION WAS NOT CARRIED.

Roll call voting: Mr. Metzger - NO

Mr. Brahler - NO

Mr. Riggenbach - NO

Mr. Reynolds - ABSTAINED

Mr. Fernandez - NO

REASONS FOR NO VOTES:

Mr. Metzger: Building should be no closer to the road with regards to the

existing residents – Ref. site plan Sec. 1301-1-4

Mr. Brahler: Not enough setback – too large - too high

Mr. Riggenbach: Applicant a no show – neighborhood concerns about a business

being run there

Mr. Fernandez: No setback – Must be more than 18’

Appeal #543: The variance for a setback of 18’ instead of the required 30’ for a corner lot for an accessory building (garage) and for a height of 27’ instead of the allowed 17’ has been DENIED.

ADJOURNMENT:

MR. FERNANDEZ MOTIONED TO ADJOURN AT 7:10 PM seconded by Mr. Reynolds. All were in favor. MOTION CARRIED.

______________________________________

Dale Riggenbach, Chairman

____ __ABSENT________________________

Pan Aslanides, Secretary

______________________________________

Nicholas Reynolds, Vice Chairman

Zoning Board of Appeals Minutes Folder: Zoning Board of Appeals Minutes for August 5, 2008.doc