MINUTES
BOARD OF ZONING APPEALS
TUESDAY, SEPTEMBER 14, 2010 – 7:00
PM
Board
Members Present: Dale
Riggenbach, Chairman
Pan Aslanides, Secretary
Floyd Fernandez
Bill Ehlers
Ed Metzger (Alternate)
Board Members Absent: Gary
Brahler, Vice Chairman
Trustee(s)
Present: Allen Gress
Zoning
Inspector: Keith Lasure
Township
Secretary: Sharon Shaub
Purpose:
·
Appeal
#564 – Mr. & Mrs. Getz own 37.219 acres zoned
agricultural. They also own the road and
roadway and are applying for a variance to build a home on one parcel
requesting 8’ of road frontage rather than the required 50 feet of road
frontage.
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
and Trustee Allen Gress. 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 #564:
Mrs. Getz of 115 Shawnee Circle,
Louisville stepped to the podium and stated they purchased the farm in November
2004 and have approximately a ˝ mile lane from Nickelplate back onto the
property. The reason they purchased the
property is because they wanted land and found this farm and originally
purchased it to build a barn and new home.
They didn’t realize that frontage would be an issue. They built a horse barn in 2007 and moved
four horses to the property. They would
like to build a home on the property to be near the animals.
Mrs. Getz said they would parcel off about ten acres once
they get a final survey with the current house and the remaining acreage would
go with the new home.
Mrs. Getz said they went to the Health Department and spoke
to Laura. In order to build a new home
and split the lot, the current well would have to be tested with the ranch
house and if it tests fine, the only requirement for the new well is that there
is at least 50 feet from the current well.
The new well area would need a soil test to be approved.
Chairman Riggenbach asked if they are asking for a variance
for the existing house for the 8 feet and not the new home being built. Mrs. Getz said yes, that is correct.
September 14, 2010 BZA Minutes – Mr.
& Mrs. Getz - Nickelplate (Cont.)
Mr. Metzger asked if they are asking for a variance on both
parcels at 8 feet each. Mr. Getz
explained they own the whole lane and would split it 50/50. He said they have 16 feet of frontage so they
would be splitting it in half and would have 8 feet frontage on each
property. There has to be frontage for
both parcels so one parcel would not be landlocked. Mr. Getz said adjoining neighbors use the
lane and they split the gravel and maintenance of it. There is only one driveway that they all
share.
Regional Planning told them (Mr. & Mrs. Getz) they want
both properties to have frontage so there would be 8 feet on each one after the
split.
Mr. Fernandez said he called Chief Peterson and asked him to
call Mr. Lasure about fire trucks getting through. Mr. Lasure said the Chief called him and said
it would be okay.
Chairman Riggenbach asked the Board if they had any other
questions. They did not.
Mr. Lasure said Dr. Blevins called and they are okay with
the request for the variance. Trustee
Lisa Shafer could not be in attendance but wrote a letter giving her full
support for the variance request.
Chairman Riggenbach asked if there was anyone in attendance
in favor of Mr. & Mrs. Getz’s request.
problem with the Getz’s request for a variance.
Chairman Riggenbach asked if there was anyone in attendance
opposed to Mr. & Mrs. Getz’s request.
There was not.
After discussion about setbacks, Chairman Riggenbach asked
for a motion for a ballot vote.
ED METZGER MOTIONED TO VOTE ON THE VARIANCE FOR 5397 N.
NICKELPLATE AND IN THE VARIANCE TO INCLUDE SECTION 702.3 MINIMUM
Chairman Riggenbach re-read the motion – short version: Sec. 702.3 Minimum Lot and Yard
Requirements – approving for both proposed parcels. Mr. Metzger said yes.
FLOYD FERNANDEZ MOTIONED FOR A BALLOT VOTE SECONED BY PAN
ASLANIDES. MOTION APPROVED. Voting as
follows:
Dale
Riggenbach YES Sec. 702.3 Min. Lot
Requirements,
approving
both proposed parcels
Pan
Aslanides YES Same reason
Ed Metzger YES Same reason
Floyd
Fernandez YES On all variances
Bill Ehlers YES Approve motion –
same reason – not
hurting
anyone – increase in
Nimishillen
tax base
September 14, 2010 BZA Minutes – Mr.
& Mrs. Getz - Nickelplate (Cont.)
Chairman Riggenbach stated the request for the variance
request was APPROVED.
__________________________________
Dale
Riggenbach, Chairman
__________________________________
Pan
Aslanides, Secretary
Zoning Board of Appeals Minutes Folder: 2010, September 14 – Getz Variance to
Build Home Nickelplate.doc