MINUTES
TUESDAY, SEPTEMBER 2, 2008 – 6:30 PM
Board Members Present: Dale Riggenbach – Chairman
Floyd Fernandez – Member
Gary Brahler – Member
Alternate: Ed Metzger
Zoning Inspector: Keith Lasure
Purpose: Hearing of the following case:
Appeal #544 – Mr. Hart II of
4751 Fruitland is requesting a
variance for a Conditional
Zoning Certificate for a home business
to run a gun repair shop
subject to Article XI Subsection 115
Paragraph F of the
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.
Mr. Hart stepped to the
podium and thanked the Board for the opportunity to be heard. Mr. Hart is employed at the City of Canton
Police Department as a police officer.
He’s also a firearms instructor through the NRA and said he sometimes
volunteers his time to teach marksmanship and gun safety to the Boy Scouts of
America.
Mr. Hart applied through the
Bureau of Alcohol, Tobacco and Firearms to receive a Federal Firearms License
or FFL, which will allow him to deal in guns.
The bulk of his business will not be as a gun dealer but rather a gun
repairperson. The FFL will allow him the
opportunity to receive guns in the mail at his residence. After repair of the gun, he will then mail it
back to the person. Mr. Hart said he is
not looking to disrupt his neighborhood or the community. One reason Mr. Hart is here tonight is
because Federal requirements require him to abide by all zoning laws.
Mr. Hart stated he would not
have a storefront and no business sign on his property. He will generate business through business
cards and the Internet and an occasional ad in a magazine here and there. There will be no traffic to / from his
residence, no cars parked up and down the street and no one coming in and out
of his house all hours of the day and night.
Minutes -
Board of Zoning Appeals – September 2, 2008 (Cont.)
Mr. Hart will be repairing
guns and then sending them back via mail; i.e. UPS, FedX and the U. S. Postal
Service. Pending the outcome of
tonight’s hearing, Mr. Hart will check into this further and file accounts with
these companies. Mr. Hart said guns will
be shipped to him intact and would be able to be fired; however, packages are
not to be left on his doorstep. He will
have to sign for everything either at his home or at the post office.
Mr. Hart said he’s already
been interviewed and inspected by the Bureau of Alcohol, Tobacco and
Firearms. They’ve also done background
checks on him.
Mr. Hart said pending a
positive outcome of tonight’s hearing, he would be issued a Federal Firearms
License in approximately one to three weeks.
They also require him to have guns on his property to be stored in a gun
safe or a secure gun storage device. Mr.
Hart said he has a gun safe. Mr. Hart
said to accompany the gun safe, he would also be installing glass block windows
in his basement. He said he has an alarm
system and security lighting in place.
Mr. Hart stated he went
around the neighborhood and collected 33 signatures of residents having no
problem with his business. Only one
elderly lady objected, and Mr. Hart felt she didn’t totally understand what he
wants to do.
Mr. Hart said the Federal
Requirements Permit is renewable stating he has to abide by Federal Firearms
Regulations through the Bureau of Alcohol, Tobacco and Firearms. He said his initial time is for thee years
and during those three years, he’s subject to multiple inspections throughout
the year. They will also inspect his
records and any inventory he would have on hand. Mr. Hart said speaking of inventory he would
not be an all-out gun shop. Guns will
not be lining the walls of his livingroom.
People will not be able to come to his home and peruse what he has. Any gun dealing would be through gun shows or
the Internet or through a gun broker or Auction Arms for guns and related
items, which is similar to E-bay.
Mr. Hart said he would do
some sales of guns but this would not be the basis of his business. If a person wants to purchase a gun, they’d
have to find him at a gun show or buy something from him on-line. In order to purchase a gun, he/she would be
required to fill out paperwork. Mr. Hart
would also do background checks on any person wanting to buy a gun. More discussion followed.
No one was in attendance at
tonight’s hearing to speak either for or against this variance; however, there
were some phone calls from residents wanting additional information but after
an explanation from Zoning Inspector, Keith Lasure, no one objected to the gun
repair business.
With no further questions or
discussion, Chairman Riggenbach asked for a motion for a ballot vote.
Minutes -
Board of Zoning Appeals – September 2, 2008 (Cont.)
MR. FERNANDEZ MOTIONED FOR A
BALLOT VOTE ON APPEAL #544 SECONDED BY MR. REYNOLDS. MOTION CARRIED.
Roll call voting: Gary
Brahler - YES
Pan Aslanides - YES
Dale Riggenbach - YES
Nicholas Reynolds - YES
Floyd Fernandez - YES
The variance for a
Conditional Zoning Certificate was APPROVED. Mr. Hart was instructed to contact Mr. Lasure
during regular office hours to get his permit.
OLD BUSINESS / NEW
BUSIENSS:
There was no old business or
new business to discuss.
APPROVE MINUTES:
ADJOURNMENT:
MR. REYNOLDS MOTIONED TO
ADJOURN SECONDED BY MR. BRAHLER. MOTION
CARRIED.
Pan Aslanides - YES
Dale Riggenbach - YES
Nicholas Reynolds - YES
Floyd Fernandez - YES
______________________________________
Dale Riggenbach,
Chairman
______________________________________
Zoning Board of Appeals Minutes Folder: Zoning Board of
Appeals Minutes for September 2, 2008.doc