MINUTES
HEARING OF APPEAL #570
BOARD OF ZONING APPEALS
WEDNESDAY, JULY 6, 2011 – 7:00 PM
Board Members Present: Gary Brahler, Chairman
Bill Ehlers, Vice
Chairman
Pan Aslanides,
Secretary
Ed Metzger,
Alternate
Board Members Absent: David
Foss
Trustee(s) Present: Allen Gress
Zoning Inspector: Dale Riggenbach
Township Secretary: Sharon Shaub
Purpose:
·
Appeal #570 – William Wigington III of 6300 Apple Street NE,
Louisville, Ohio (Zoned R-1 Single Family Residential) is requesting
a Conditional Zoning Certificate for a home occupation to store firearms at his
residence and sell them at gun shows and on the Internet only, which is subject
to Article XI Subsection 115 Paragraphs a, b and c of the Nimishillen Township
Zoning Resolution.
Chairman
Brahler opened the hearing at 7:00 P.M. and introduced the Board of Zoning
Appeals, Zoning Inspector Dale Riggenbach, Township Trustee Allen E. Gress and
Township Secretary Sharon Shaub. Mr.
Brahler did a mass swearing in by asking everyone in attendance 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”.
TONIGHT’S CASE - APPEAL #570:
William
Wigington of 6300 Apple Street
stepped to the podium and said he’s lived at 6300 Apple Street a little over
two years and has re-landscaped and remodeled the inside of the house and put
in a new driveway. His sister, Ann
Persons, who lives at 1623 Horizon Drive, Louisville and his son, Cory, who
lives at 6300 Apple Street, are going into business to help supplement their
income.
Mr. Wigington said their company, OUR FREEDOM
PRODUCTS LLC, which has all of their names on it, has obtained their Federal
Firearms License (FFL), went through criminal background checks with the FBI,
have their Employer ID Number and are certified by the State of Ohio. Doing all of this has now brought them before
the Nimishillen Township Board of Appeals and are going about this venture step
by step.
2011, July 6: BZA Minutes– Home
Business @ 6300 Apple Street to
Store and
Sell Firearms (Cont.)
Gary Brahler asked if they would be storing firearms
at their residence. Mr. Wigington said
yes but they will not have a store front and will only sell on the Internet and
at gun shows.
When asked if he had a safe, Mr. Wigington said not
at this time. He explained that the ATF
agent said all they need is a locking mechanism on each firearm and a safe is
not required. When asked if he had an
alarm system, Mr. Wigington said no.
When asked how he would get firearms, Mr. Wigington
said he would order them and they would be shipped via UPS and by law, someone
would have to sign for them. They would
not be left on the porch. He said he
plans to have them shipped to his barber shop.
He also said that by law, he must have a sign but the sign can be inside
the house. They don’t want it advertised
outside of the house that they have a gun business. Per the ATF, they are required to have a big,
orange sign, which can be put anywhere in the house.
Mr. Wigington said they are committed to this
business because in order to make it worth their while to sell at gun shows,
they would have at least $15,000 worth of firearms to take with them.
Pan Aslanides said this is a residential neighborhood
and for everyone’s safety, he feels they need both an alarm system and a
safe. Mr. Wigington said they are doing
this one step at a time. They don’t even
have the Board’s approval yet and have not sold anything yet.
Ann Persons
of 1623 Horizon Drive, Louisville
said they don’t have a safe now but know
they have to have one and will also need a way to transport the firearms to gun
shows. They will have to take a lot of
guns to a gun show (maybe up to 30) and will have to have a safe – a roller
safe – to transport them. There’s a lot
of expense involved getting into this business.
Bill Ehlers commented they knew what they were
getting into and were well aware they have to install an alarm system and a
safe.
When asked what kind of guns they want to sell, Cory Wigington of 6300 Apple Street
reported they said no to NFA weapons, which are automatic weapons. They will sell shotguns, rifles and handguns.
Discussion was held on a license to carry concealed
weapons. Mr. Wigington has a license to
carry concealed weapons. He said anyone
can carry a gun out in the open, but you can’t ‘conceal’ it unless you have a
license.
2011, July 6: BZA Minutes– Home
Business @ 6300 Apple Street to
Store and
Sell Firearms (Cont.)
Mr. Ehlers asked if someone sees a gun on the
Internet and wants to come to the house to pick it up, would this be
allowed. Mr. Wigington said they will
not allow anyone they don’t know to come to their home but if it’s someone they
know, yes. Mr. Wigington said they have
a ‘safe’ place in the house that no one knows about – in fact they had no idea
this place was there and just found it.
They won’t have a store front so no one will be at the house. Internet people are people who already know
what they want and what they are looking for and people who don’t know can see
and handle the guns at gun shows.
Gary Brahler asked if they would be selling
ammunition. Mr. Wigington said if they
are allowed to, yes. They would store
ammunition at the house but only sell it at gun shows.
Bill Ehlers asked if his insurance company would
insure a gun inventory. Mr. Wigington
said yes, which will be through his home owners insurance. He has all the forms but doesn’t have them
filled out yet
Dale Riggenbach asked about a secure cable that
locked on one end of the guns. Mr.
Wigington said all guns will have a trigger lock as well. Every gun has to have one.
Trustee
Allen Gress spoke as a trustee
and a resident. Mr. Gress said he has
two guns of his own and said that in the last three (3) weeks, there were six
(6) burglaries in the township in the Pilot Knob / Easton area. People were robbed during daylight hours
while away from home. Mr. Gress said he
wasn’t concerned about the gun business but as a concerned citizen, it’s
important to have a security system as well as a sign that says protected by
(whatever company). Mr. Gress said he
had an electrician put in motion detectors and if anyone comes near his home,
his whole place lights up. He told Mr.
Wigington it was relatively inexpensive – about $300.
Discussion was held regarding police protection. The township doesn’t get much coverage from
the Sheriff’s Dept. due to budget cuts and said with SB5, laws will change and
we could then contract with the City of Louisville Police Department.
EXECUTIVE
SESSION:
GARY BRAHLER MOTIONED TO ENTER INTO EXECUTIVE SESSION
AT 7:40 PM TO DISCUSS SECURITY OPTIONS FOR 6300 APPLE STREET SECONDED BY PAN
ASLANIDES. ALL VOTED YES - MOTION CARRIED
GARY BRAHLER MOTIONED TO RETURN FROM EXECUTIVE AND
RESUME THE REGULAR HEARING AT 7:47 PM SECONDED BY PAN ASLANIDES. ALL
VOTED YES - MOTION CARRIED
2011, July 6: BZA Minutes– Home
Business @ 6300 Apple Street to
Store and
Sell Firearms (Cont.)
Upon return from Executive Session, Gary Brahler said
they discussed Mr. Wigington putting in a security system and safe. Ann Persons said she feels a safe secured to
the wall and floor would be better than a security system because no one could
pick it up and carry it away and to put the safe in their ‘safe spot’ where no
one could find it. A Board member said
anyone who wants to break in to a safe will do so no matter what – they don’t
have to pick up the safe and carry it away.
The Board feels a security system would be better as well as storing the
firearms in a safe.
SPEAK
FOR OR AGAINST VARIANCE REQUEST:
There was no one in attendance to speak either for or
against the variance and there were no letters or phone calls received at the
zoning office.
With no further questions and/or discussion, Chairman
Brahler asked for a motion for a ballot vote.
PAN ASLANIDES MOTIONED TO GRANT THE VARIANCE ON THE
CONDITION THEY HAVE A WORKING ALARM SYSTEM AND ONCE A YEAR, PROVIDE A
CERTIFICATE FROM THE ALARM COMPANY TO THE ZONING OFFICE SHOWING THEY HAVE A
WORKING ALARM SYSTEM SECONDED BY GARY BRAHLER.
ALL VOTED YES - MOTION CARRIED
Voting
went as follows:
ED
METZGER - YES WITH CONDITION
BILL
EHLERS - YES WITH CONDITION
GARY BRAHLER - YES
WITH CONDITON
ED METZGER - YES WITH CONDITION
Chairman Brahler stated the request for the variance
was APPROVED with the stated
condition and instructed Mr. Wigington to contact the zoning inspector to get
the proper permits.
OLD
BUSINESS:
There was no old business to discuss.
NEW
BUSINESS:
Dale Riggenbach informed the Board there’s a hearing
scheduled on August 3rd – Emmanuel Bible Church on N. Nickelplate
requesting three variances.
2011, July 6: BZA Minutes– Home
Business @ 6300 Apple Street to
Store and
Sell Firearms (Cont.)
APPROVAL OF MINUTES:
__________________________________
Gary
Brahler, Chairman
__________________________________
Pan
Aslanides, Secretary
Zoning Board of Appeals Minutes Folder: 2011, July 6 – BZA Minutes-6300 Apple St.-Store & Sell Guns-Approved with Conditions.docx