MINUTES

BOARD OF ZONING APPEALS

TUESDAY, JUNE 1, 2010 – 7:00 PM

 

Board Members Present:         Dale Riggenbach, Chairman

Gary Brahler, Vice Chairman

Pan Aslanides, Secretary

Floyd Fernandez

Bill Ehlers

Ed Metzger (Alternate)

 

 

Trustee(s) Present:                  Lisa Shafer

                                                  Allen Gress

 

Stark County Prosecutor:        Lisa Barr

         

Zoning Inspector:                              Keith Lasure

 

Township Secretary:               Sharon Shaub

 

Purpose:

·       Appeal #562 – Brian Reasoner of 8933 Scott Street is applying for a Conditional Zoning Certificate to do only billing and related paperwork at 5968 Pilot Knob NE, Louisville, Ohio subject to Article XI Conditional Zoning Certificates – Subsection 115/c of the Nimishillen Township Zoning Resolution

 

Chairman Dale Riggenbach opened the meeting at 7:00 P.M. and introduced the Board of Zoning Appeals, Zoning Inspector Keith Lasure, Township Secretary Sharon Shaub, Trustees Lisa Shafer and Allen Gress and Stark County Prosecutor, Lisa Barr.  Mr. Riggenbach swore in everyone in attendance by asking them to swear that the information they were about to present, either in oral or written form, is true and accurate to the best of their knowledge.  The people responded by stating, “I do”.

 

Case:  Appeal #562:

 

Brian Reasoner of 8933 Scott Street stepped to the podium and stated he bought the property on Pilot Knob but does not reside there.  He said he just wants a sign at the corner of his property at Pilot Knob & Columbus to advertise his business located in Plain Township and to receive mail at that location.  He said he didn’t want to lie to the BZA Board – he really only wants to put up a sign.  He said the property was a mess when he bought it and he’s been working non-stop cleaning it up. 

 

BOARD DISCUSSION:  Mr. Reasoner does not actually live at the Pilot Knob address and in order to have a home business, the person must reside there.  Because he only wants to put up a sign and receive mail is not a reason to approve a home business at that location.

June 1, 2010 BZA Minutes – 5968 Pilot Knob (Cont.)

 

 

It was also brought up that he could receive mail at his place of residence in the township (Scott Street) or at his business location in Plain Township.  The Nimishillen Township Zoning Resolution clearly states the requirements on page 63 – subsection 115c. (Copy attached) 

 

Mr. Lasure said when Mr. Reasoner first approached him about wanting a sign at the Pilot Knob location, he advised him it was a questionable request and advised he back out but Mr. Reasoner chose to go forward with his request.

 

Chairman Riggenbach asked if there was anyone in attendance in favor of Mr. Reasoner’s request.  There was not.

 

Chairman Riggenbach asked if there was anyone in attendance opposed to Mr. Reasoner’s request.  The whole back row of residents held up their hands. 

 

  • Mr. Bredon of 5807 Pilot Knob, Bill Bankovich of 6400 Pilot Knob and Mike Kemp of 5918 Pilot all were opposed to Mr. Reasoner’s request for the following reasons:

o      It’s a residential area and they don’t want it turned into a business nor do they want a sign in a residential neighborhood, said he did clean up the property and it looks nice but not in favor of a sign or home business.

 

With no correspondence received at the township office and no one else to speak either for or against the request for a variance for a sign / home business, Mr. Riggenbach asked for a ballot vote.

 

FLOYD FERNANDEZ MOTIONED FOR A BALLOT VOTE SECONDED BY GARY BRAHLER.  ALL VOTED NO.  MOTION CARRIED

 

Voting went as follows: Gary Brahler        - NO (Zoned Residential)

                         Pan Aslanides       - NO (Doesn’t live there)

                         Floyd Fernandez   - NO (No base for Cond. Zoning Cert.)

                         Bill Ehlers             - NO (Not enough explanation – R-1)

                         Dale Riggenbach  - NO (Per P63 115/c of Zoning Resolution)

 

Chairman Riggenbach stated the request for a Conditional Zoning Certificate for a sign and/or home business was DENIED.

 

Old Business / New Business:

 

There was no old business or new business to discuss.

 

June 1, 2010 BZA Minutes – 5968 Pilot Knob (Cont.)

 

 

Approval of Minutes:

 

GARY BRAHLER MOTIONED TO APPROVE THE WRITTEN MINUTES FOR APRIL 6, 2010 AS WRITTEN SECONDED BY BILL EHLERS.  ALL VOTED YES.  MOTION CARRIED

 

Adjournment:

 

FLOYD FERNANDEZ MOTIONED TO ADJOURN AT 9:40 PM SECONDED BY GARY BRAHLER.  ALL VOTED YES.  MOTION CARRIED

 

 

 

          __________________________________

                                                            Dale Riggenbach, Chairman

 

 

 

                              __________________________________

                    Pan Aslanides, Secretary

 

 

Zoning Board of Appeals Minutes Folder:  2010, June 1 BZA Minutes-Home Business-Sign @ 5968 Pilot Knob.doc