MINUTES

BOARD OF ZONING APPEALS

TUESDAY, JUNE 2, 2009 – 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

 

Zoning Inspector:            Keith Lasure

 

Trustees Present:              Lisa R. Shafer and Allen E. Gress

 

Purpose:

·       Robert A Friedmann of 5471 Alcorn – Access. Bldg. – Appeal #547

·       Michael L. Demos, Sr. of 6630 Pilot Knob – Access. Bldg. - Appeal #552

·       Ron Stauffer of 6183 Apple – Access. Bldg.  – Appeal #551

·       Stark County Park District of5300 Tyner St. NE, Canton, OH – Change in Use - Appeal #549

·       Coon Restoration & Sealants, Inc. of 7349 Ravenna – Access. Bldg. - Appeal #548

 

Chairman Dale Riggenbach called the meeting to order at 6:30 PM and introduced the Board, Zoning Inspector, Township Secretary and Trustee Shafer & Gress and did a mass swearing in of everyone in attendance of tonight’s hearings.

 

ORGANIZATIONAL MEETING:

 

Election of Officers: FLOYD FERNANDEZ MOTIONED TO RETAIN DALE RIGGENBACH AS CHAIRMAN, NICHOLAS REYNOLDS AS VICE CHAIRMAN AND PAN ASLANIDES AS SECRETARY SECONDED BY GARY BRAHLER.  MOTION CARRIED.

 

Set Meeting Day and Time: FLOYD FERNANDEZ MOTIONED TO RETAIN THE DAY THE 1ST TUESDAY OF EACH MONTH AT 7:00 PM AT THE TOWNSHIP HALL SECONDED BY GARY BRAHLER.  MOTION CARRIED.

 

HEARING OF TONIGHT’S FIVE (5) CASES:

 

CASE #547:

 

Robert A Friedmann of 5471 Alcorn is requesting a variance to build an accessory building within 11 feet from his residence rather than the required distance of 15 feet per the requirements for accessory buildings, structures and uses in Sec. 602.4 of the Nimishillen Township Zoning Resolution.

 

Minutes - Board of Zoning Appeals –June 2, 2009 – 5 cases  (Cont.)

 

 

Mr. Friedmann stated he’s penned in by a swale on one side and 10’ AEP easements on the other three sides of his property.  He said he’s purchasing a storage barn from Weaver Barns.  The foundation will be crushed limestone.

 

With no further questions by the Board, Dale Riggenbach asked if there was anyone in attendance in favor of Mr. Friedmann’s variance request.

 

Allen Gress of 5470 Alcorn stepped to the podium and said Mr. Friedmann’s property is very neat and is in favor of the request for an accessory building.

 

There was no one in attendance opposed to the variance request.

 

Dale Riggenbach asked the Board for motion for a ballot vote.  GARY BRAHLER MOTIONED FOR A BALLOT VOTE SECONDED BY NICHOLAS REYNOLDS.  MOTION CARRIED.  Voting went as follows:

 

                              Gary Brahler           -         YES

                              Dale Riggenbach     -         YES

                              Floyd Fernandez      -         YES

                              Nicholas Reynolds   -         YES

                              Pan Aslanides         -         YES

 

VARIANCE APPROVED.  Dale Riggenbach instructed Mr. Friedmann to contact Keith Lasure during business hours to get his permit for the accessory building.

 

 

CASE #552:

 

Michael L. Demos, Sr. of 6630 Pilot Knob is requesting a variance for an accessory building of 2,160 sq. ft. rather than the allowed 1,280 sq. ft. and a height of 18’ 6” at the peak rather then the allowed 17’ per the requirements for accessory buildings, structures and uses in Sec. 602.4 of the Nimishillen Township Zoning Resolution.

 

Mr. Demos stated the accessory building would be a garage type storage building with a concrete foundation.  Concrete walls will be 2’ above, finished lower and wood framed the rest of the way up with vinyl siding.  Ceilings will be 10’ so that’s why he needs a height of 18’ 6” peak height.  The building size will be 60 x 36 (2,160 sq. ft.).  The building will be used to store his vehicles, trailer and bobcat.  Mr. Demos stated he will not be running a business out of this building and will be building the building himself.  All existing buildings will stay with the exception of the 12 x 20 garage that’s closer to the house.

 

With no one in attendance to speak either for or against this variance, Dale Riggenbach asked the Board for a motion for a ballot vote for the height and size of the building.

 

Minutes - Board of Zoning Appeals –June 2, 2009 – 5 cases  (Cont.)

 

 

FLOYD FERNANDEZ MOTIONED FOR A BALLOT VOTE SECONDED BY PAN ASLANIDES..  MOTION CARRIED.  Voting went as follows:

 

                              Dale Riggenbach               -         YES

                              Gary Brahler                     -         YES

                              Pan Aslanides                   -         YES

                              Floyd Fernandez                -         YES

                              Nicholas Reynolds             -         YES

 

VARIANCE APPROVED.  Dale Riggenbach instructed Mr. Demos to contact Keith Lasure during business hours to get his permit for the accessory building.

 

CASE #551:

 

Ron Stauffer of 6183 Apple is requesting a variance for an accessory building to be within 30 inches on the side and 8 feet from the rear of the property per the requirements for accessory buildings, structures and uses per Sec. 602.4 of the Nimishillen Township Zoning Resolution.

 

Mr. Stauffer said there’s a natural waterway that comes through from the road to the center of his yard and then it flattens out so this particular location is the only place he’d be able to put an accessory building.  The building will be 24 x 32 to be used for storage.  It will be a stick building with a concrete floor.  He said he would be building the building himself.

 

With no one in attendance to speak either for or against this variance, Dale Riggenbach asked the Board for a motion for a ballot vote for 30” on the side and 8’ on the rear.

 

GARY BRAHLER MOTIONED FOR A BALLOT VOTE SECONDED BY FLOYD FERNANDEZ..  MOTION CARRIED.  Voting went as follows:

 

                              Dale Riggenbach               -         YES

                              Floyd Fernandez                -         YES

                              Nicholas Reynolds             -         YES

                              Pan Aslanides                   -         YES

                              Gary Brahler                     -         YES

 

VARIANCE APPROVED.  Dale Riggenbach instructed Mr. Stauffer to contact Keith Lasure during business hours to get his permit for the accessory building.

 

CASE #549:

 

Stark County Park District of 5300 Tyner St. NW, Canton is requesting a variance for a Conditional Zoning Certificate to change the use of the Molly Stark area located at 7900

 

Minutes - Board of Zoning Appeals –June 2, 2009 – 5 cases  (Cont.)

 

 

Columbus Road NE, Louisville, OH from R-1 Single Family Residential District (hospital) to park use.

 

Note:  Floyd Fernandez said he hopes this is a temporary, one-time thing and suggested the township create a section in the Zoning Resolution that allows parks so it would not require going before the BZA.  Keith Lasure said they would certainly take this into consideration.

 

Dale Riggenbach asked about the two parcels regarding a variance issued every year and asked if this could be waived.  Keith Lasure said thanks to the Township Board of Trustees, everything has been waived.

 

Dan Kunz, Operating Manager for the Stark County Park District presented a park development plan to the Board. Mr. Kunz stated their track record, thus far, has been pretty good.  He said they’ve worked hard with their partners and constituents to develop this into a useable site for all residents of Nimishillen Township and Stark County.  The grass has been kept mowed and they’ve cleaned up a lot of the debris and trailers.  Mr. Kunz said they have bigger plans for the future.

 

Nick Reynolds asked about the time frame on the removal of the buildings.  Mr. Kunz said there’s no time frame – said there’s a lot of factors involved such as asbestos.  There will be signage to keep people out of any unsafe areas.

 

Dale Riggenbach asked if there was anyone in attendance in favor of this variance.

 

Ron Derry of 8063 Columbus Road said he lives across the street from the park and is in favor of the variance.

 

Rhonda Dahlheimer of 7833 Columbus said she lives directly across the street from the main entrance and is in favor of this variance.

 

With no further discussion and no one in attendance to oppose the variance, Dale Riggenbach asked the Board for a motion for a ballot vote.

 

NICHOLAS REYNOLDS MOTIONED FOR A BALLOT VOTE SECONDED BY GARY BRAHLER.  MOTION CARRIED.  Voting went as follows:

 

                              Dale Riggenbach               -         YES

                              Floyd Fernandez                -         YES

                              Nicholas Reynolds             -         YES

                              Pan Aslanides                   -         YES

                              Gary Brahler                     -         YES

 

VARIANCE FOR CONDITIONAL ZONING CERTIFICATE APPROVED.

Minutes - Board of Zoning Appeals –June 2, 2009 – 5 cases  (Cont.)

 

 

CASE #549:

 

Coon Restoration & Sealants, Inc. of 7349 Ravenna NE (Northmark Properties, Inc.) is requesting a variance for an accessory building of 10,450 sq. ft. rather than the allowed 1,280 sq. ft. as permitted in Sec. 602.4 of the Nimishillen Township Zoning Resolution.

 

Steve Coon, President of Coon Restoration & Sealants, Inc., stated he’s thinking of the future and is anticipating the economy will get better.  He said he needs a bigger building of 10,450 sq. ft. to run his business.  The building will be located behind their facility.  He said they would actually operate out of this building because their current facility isn’t big enough.  They will be doing the same thing they are doing now. 

 

The height of the building will be similar to the height of the other buildings and it will be the same type structure.  Mr. Coon said the EPA wanted to make sure they had the proper septic system and said what they have far exceeds EPA requirements.

 

Kith Lasure said before he can issue a permit, he would need something from the EPA.  It was also noted that the entire area is zoned B-3.

 

Dale Riggenbach asked if there was anyone in attendance in favor of the variance.

 

Ron Derry of 8063 Columbus Road spoke in favor of this variance.

 

With no further discussion and no one in attendance to speak against this variance, Dale Riggenbach asked the Board for a motion for a ballot vote.

 

FLOYD FERNANDEZ MOTIONED FOR A BALLOT VOTE SECONDED BY PAN ASLANIDES.  MOTION CARRIED.  Voting went as follows:

 

                              Dale Riggenbach               -         YES

                              Floyd Fernandez                -         YES

                              Nicholas Reynolds             -         YES

                              Pan Aslanides                   -         YES

                              Gary Brahler                     -         YES

 

VARIANCE APPROVED WITH THE STIPULATION THAT FORMS FROM THE EPA WOULD BE PROVIDED TO THE TOWNSHIP ZONING INSPECTOR BEFORE THE PERMIT FOR THE ACCESSORY BUILDING COULD BE WRITTEN.

 

OLD BUSINESS / NEW BUSINESS:  There was no old business or new business to discuss.

 

 

 

Minutes - Board of Zoning Appeals –June 2, 2009 – 5 cases  (Cont.)

 

 

APPROVE WRITTEN MINUTES FOR DECEMBER 2, 2009:

 

GARY BRAHLER MOTIONED TO APPROVE THE WRITTEN MINUTES FOR DECEMBER 2, 2009 SECONDED BY PAN ASLANIDES.  MOTION CARRIED.

 

MOTION TO ADJOURN:

 

GARY BRAHLER MOTIONED TO ADJOURN AT 7:15 PM SECONDED BY PAN ASLANIDES.  MOTION CARRIED.

 

 

 

______________________________________

Dale Riggenbach, Chairman

 

 

 

 

______________________________________

Pan Aslanides, Secretary

 

 

 

 

 

 

Zoning Board of Appeals Minutes Folder: Zoning Board of Appeals Minutes – 6-2-09 – 5 Cases.doc