MINUTES
BOARD OF ZONING APPEALS
TUESDAY, November 2, 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: N/A
Zoning
Inspector: Keith
Lasure
Township
Secretary: Sharon Shaub
NOTE: THERE IS NO RECORDING OF
TONIGHT’S HEARING. TRIED FIVE CD’S AND
THEY ALL KEPT COMING UP ‘DATA ONLY’ AND WOULD NOT RECORD. THE FOLLOWING MINUTES ARE TYPED FROM THE
MEMORY AND NOTES TAKEN BY THE TOWNSHIP SECRETARY.
Purpose:
·
Appeal
#566 – David & Barbara Monahan of 5274 Oakridge,
Louisville, OH, are requesting a variance to build an accessory building within
2’ from the west side of the property line instead of the required distance of
8’ per the requirements for an accessory building, structures and uses per Sec.
602.4 of the Nim. Twp. Zoning Resolution and also requesting a height of 19’
rather than the allowed 17’ per Sec. 602.4.
Chairman
Riggenbach opened the meeting at 7:00 P.M. and introduced the Board of Zoning
Appeals, Zoning Inspector Keith Lasure and Township Secretary Sharon
Shaub. 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
#566:
David Monahan of 5274 Oakridge,
Louisville stepped to the podium and stated the building would be located on the SW
corner in the rear – not the front. He
wants to bring the building over so he’s not jogging around the property. The front left side encroaches within 8’ and
he will square the other corner towards the house.
Mr. Monahan approached the Board and showed them (on paper)
where the building would be located and said he was going to put in 10’ garage
doors that would be 12’ high but decided to go full size so he could store his
32’ – 34’ motor home, a white truck, an enclosed trailer, a blue dump truck and
two motorcycles.
There was a question as to whether or not Mr. Monahan owned
the home / property. Mr. Monahan showed
proof that he owns the property and house.
His parents signed it over to him on October 26, 2010. Mr. Monahan stated he’s lived there for six
years.
2010, November 2 BZA Minutes –
Monahan – 5274 Oakridge (Cont.)
A Board member asked if he would be encroaching on the
property of his neighbor, Frank Wyse at 5260 Oakridge. Mr. Monahan said he talked to Mr. Wyse and he
has no problem. Mr. Monahan also has signatures from most of his neighbors
stating they have no problem with this variance request.
The question was brought up about Mr. Monahan running a lawn
mowing business from his residence and whether or not he had a Conditional
Zoning Certificate to run a home business.
Mr. Monahan said he does not have a permit for a home business but said
he’s phasing out the home business
because he has another full time job at ODOT.
Mr.
Fernandez was concerned about the height of the building and feels it will not
fit into the allotment and will lower the value of homes. Mr. Monahan said he doesn’t think it will
look bad and lower the value of homes.
He said he’s trying to get all of his equipment under roof so he doesn’t have it sitting around his
property.
Mr. Fernandez said the 2’ variance request is cutting close
on his neighbor’s property and doesn’t agree with Mr. Monahan and said he would
not support this variance request. Mr.
Aslanides stated to him it’s not an issue.
Mr. Lasure checks it out and Mr. Aslanides said that’s what he gets paid
to do. If Mr. Lasure says it’s not a
problem, Mr. Aslanides said he trusts and believes him. Lasure said he went out and measured with the
wheel where it was staked out.
After discussion, Chairman Riggenbach feels the 8’ at the
rear of the property is not a problem, and Mr. Monahan’s neighbors do not have
a problem with it.
Chairman Riggenbach said he doesn’t think Mr. Monahan has the
required 30% needed as stated in the Zoning Resolution that an accessory
building, which is not a part of the main building, shall not occupy more than
thirty (30) percent of the required rear yard.
Mr. Monahan said there is a pool back there and the rest is back
yard. He stated the fence currently
there will come down.
After more discussion, Mr. Metzger said the proper
information has not been provided and they don’t have any plans in front of
them so the Board doesn’t know. Mr.
Metzger said it’s either a non-issue or a deal breaker and at this point, the
Board is guessing on size. Mr. Monahan said
none of his neighbors seem to mind.
Mr. Lasure said its close enough to the 30% requirement as
stated above, it won’t be a problem and reminded the Board that the fence will
be coming down.
Mr. Fernandez said the paperwork should be in front of them
before making a decision and the proper paperwork isn’t available and would be
very displeased if the Board passed the variance.
The Board asked Mr. Metzger about the amount of space
required in the rear yard. Mr. Metzger
said something about 4500 sq. ft. is required in the rear yard and depending
where the building will sit; it’s not something he can quickly figure out
without the survey papers.
Mr. Monahan said the building will be square with his house
with a cement floor and the building will be heated. He said there will be metal siding on the
outside with two regular garage doors.
2010, November 2 BZA Minutes –
Monahan – 5274 Oakridge (Cont.)
After further discussion, Mr. Lasure read from page 27, Sec.
603.7, Restrictions on the parking and storage of vehicles, in the Nimishillen
Township Zoning Resolution.
Eugene and Brenda Esaly of 5288 Oakridge called the zoning
office. They live next door to Mr.
Monahan and said they have no problem with the variance request by Mr. Monahan.
With no one in attendance to speak either for or against Mr.
Monahan’s request for this variance and no further questions from the Board,
Chairman Riggenbach asked the Board for a motion for a ballot vote.
MR. BRAHLER MOTIONED FOR A BALLOT VOTE TO APPROVE THE
REQUESTED VARIANCE FOR 2’ FROM THE WEST SIDE OF THE PROPERTY LINE INSTEAD OF
THE REQUIRED 8’ AND A HEIGHT OF 19’ INSTEAD OF THE REQUIRED 17’ SECONDED BY MR.
EHLERS. MOTION CARRIED.
Voting went as follows:
Mr.
Ehlers - YES
TO BOTH
Mr.
Fernandez -
NO TO BOTH
Mr.
Brahler - YES
TO BOTH
Mr.
Aslanides - YES
TO BOTH
Mr.
Riggenbach - YES TO BOTH
Mr. Fernandez stated he voted NO because the building will
stick out and will lower property values.
Chairman Riggenbach stated the request for the variance
request was APPROVED and instructed
Mr. Monahan to contact Mr. Lasure during office hours so Mr. Lasure can issue
him his permit.
Old Business
Mr. Lasure reported he received a call from Regional
Planning about a case that the Board recently turned down and the person wants
to appeal the BZA’s decision. Mr. Lasure
thought it was Brian Reasoner who requested a sign at 5968 Pilot Knob although
Mr. Reasoner does not live at that address.
New Business
Stark County Assistant Prosecutor, Lisa Barr, requested the
Board to motion to adopt the 4900 Eshelman Court Transcript as clarified by the
township secretary. (See page 5 for MOTION)
Approval of Minutes
2010, November 2 BZA Minutes –
Monahan – 5274 Oakridge (Cont.)
__________________________________
Dale
Riggenbach, Chairman
__________________________________
Pan
Aslanides, Secretary
Zoning Board of Appeals Minutes Folder: 2010, November 2 BZA Minutes – Monahan
Variance Access Bldg @ 5274 Oakridge.docx
