MINUTES

BOARD OF ZONING APPEALS

TUESDAY, MAY 6, 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:              Allen Gress

 

Zoning Inspector:               Keith Lasure

 

Purpose:       Hearing of the following three (3) cases:

 

Appeal #538 – Christopher M. Smith of 5175 Broadway is

requesting a variance for an accessory building (garage) with a height of

20’ instead of the allowed 17’ as permitted in Sec. 602.4 of the

Nimishillen Township Zoning Resolution.

 

Appeal #540 – Tom Grosenbaugh of 5631 Meese is requesting a

variance for an accessory building (garage) of 2,720 sq. ft. instead of the

allowed 1,280 sq. ft. and for a height of 19’ instead of the allowed 17’

as permitted in Sec. 602.4 of the Nimishillen Township Zoning

Resolution.

 

Appeal #539 – The Stark County Commissioner’s Office is

requesting a variance to permit division of property with no road frontage

known as being a part of the NE and SE Qtrs. of Sec. 9, Township 19

(Nimishillen) R-7, County of Stark, State of Ohio, Parcel 4, Number 33-

09178, which consists of 6.762 acres.

 

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 hearings.

 

FIRST CASE – APPEAL #538:

 

Christopher Smith of 5175 Broadway stepped to the podium requesting a variance for a garage with a height of 20’.  He stated he has an old, tall brick house.  He wants the garage to match the height of his house.  He said he doesn’t know if the garage will be 20’ but knows it will be greater than 17’.

 

 

 

Minutes - Board of Zoning Appeals – May 6, 2008

Page 2

 

There was no one in attendance to speak either for or against this variance and no phone calls or letters were received at the township office.

 

After discussion and with no further questions, FLOYD FERNANDEZ MOTIONED FOR A BALLOT VOTE SECONDED BY GARY BRAHLER.  MOTION CARRIED.  Voting went as follows:

 

                              Floyd Fernandez      -         YES

                              Pan Aslanides         -         YES

                              Dale Riggenbach     -         YES

                              Nicholas Reynolds   -         YES

                              Gary Brahler           -         YES

 

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

 

SECOND CASE – APPEAL #540:

 

Tom Grosenbaugh of 5631 Meese Road stepped to the podium requesting a variance for an accessory building (garage) for a height of 19’ instead of the allowed 17’and 2,720 sq. ft. instead of the allowed 1,280 sq. ft.  Mr. Grosenbaugh stated he would be building a five-car garage to store vehicles and a farm tractor.  The garage will be attached to the house (about 15’ back) with vinyl siding and a shingled roof to match the house.  Some of the buildings on the property will be tore down.

 

Residents in favor of this variance:

Ø     Bill Ramsey of 7638 Columbus Road stepped to the podium and stated he has no issues regarding this variance and is in favor of it.

 

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

 

With no further questions, NICHOLAS REYNOLDS MOTIONED FOR A BALLOT VOTE SECONDED BY PAN ASLANIDES.  MOTION CARRIED.  Voting went as follows:

 

                              Pan Aslanides         -         YES

                              Dale Riggenbach     -         YES

                              Nicholas Reynolds   -         YES

                              Floyd Fernandez      -         YES

                              Gary Brahler           -         YES

 

 

 

Minutes - Board of Zoning Appeals – May 6, 2008

Page 3

 

 

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

 

THIRD CASE – APPEAL #539

 

Mr. Daniel Houck of 5165 Southway SW, Canton, Ohio from the Stark County Engineer’s Office, representing the Stark County Commissioner’s Office, stepped to the podium requesting a variance to permit division of property with no road frontage known as being a part of the NE and SE Qtrs. of Sec. 9, Township 19 (Nimishillen) R-7, County of Stark, State of Ohio, Parcel 4, Number 33-09178, which consists of 6.762 acres.

 

He said at this time, the Commissioners do not have a solid plan for the whole parcel, but any development on making the site viable would require the Commissioners to maintain and keep the six acres on which the sewer treatment plant sits.  The treatment plant currently services the old Nist Nursing Care, the hospital itself and Nimishillen Township Fire Station.  Regardless of whatever development goes on, the county will have to maintain the six acres (parcel 4 only, parcel #33-09178).

 

Mr. Houck said there’s currently a service road. Mr. Ramsey and Paradise Valley Farms own one-half of the service road.  The county owns the other half of it but it stops short of Columbus Road.  That’s why it’s a land locked parcel.  Mr. Houck said they are currently working with Mr. Ramsey to acquire an easement over the 800’ from Columbus Road to where the county has rights.

 

Those speaking in favor of the variance:

Ø     Mr. Ramsey of 7638 Columbus Road said he bought the farm in 1970, which is about the time the Nist facility was built.  He said the county has been great answering questions and maintaining the service road but he said he doesn’t want his driveway to turn into an access road to the Molly Stark property when they sell it and he was assured it wouldn’t.

 

Ø     Trustee Gress said he’s all for it and feels long term, it will benefit the township.  He said Molly Stark has been sitting for a long time with nothing happening.  Discussion was held on the trailer that’s been sitting there and the county commissioners were asked to at least get rid of the trailer.  Further discussion followed regarding the trailer.

 

 

 

 

Minutes - Board of Zoning Appeals – May 6, 2008

Page 4

 

There was no one in attendance to speak against this variance.  There were no phone calls or letters received at the township office.

 

With no further discussion, FLOYD FERNANDEZ MOTIONED FOR A BALLOT VOTE SECONDED BY NICHOLAS REYNOLDS.  MOTION CARRIED.  Voting went as follows:

 

                              Nicholas Reynolds             -         YES

                              Floyd Fernandez                -         YES

                              Gary Brahler                     -         YES

                              Pan Aslanides                   -         YES

                              Dale Riggenbach               -         YES

                             

 

The variance was APPROVED.

 

OLD BUSINESS / NEW BUSINESS:

 

There was no old business or new business to discuss.

 

APPROVE MINUTES:

 

GARY BRAHLER MOTIONED TO APPROVE THE WRITTEN MINUTES OF APRIL 1, 2008 SECONDED BY FLOYD FERNANDEZ.  MOTION CARRIED.

 

ADJOURN:

 

NICHOLAS REYNOLDS MOTIONED TO ADJOURN AT 7:02 PM SECONDED BY PAN ASLANIDES.  MOTION CARRIED.

 

 

 

                                                  ______________________________________

                                                  Dale Riggenbach, Chairman

 

 

 

                                                  ______________________________________

                                                  Pan Aslanides, Secretary

 

 

Zoning Board of Appeals Minutes Folder: Zoning Board of Appeals Minutes for May 6 2008.doc