MINUTES
BOARD OF ZONING APPEALS
WEDNESDAY, NOVEMBER 2, 2011 – 7:00
PM
Board Members Present: Gary Brahler, Chairman
Pan Aslanides,
Secretary
Anthony Mucci,
Member
Arthur Smith, Alternate
Board Members Absent: Bill
Ehlers, Vice Chairman
David Foss, Member
Trustee(s) Present: Allen Gress
Zoning Inspector: Dale Riggenbach
Township Secretary: Sharon Shaub
Purpose: (Hearing of two
cases)
·
APPEAL #574 – Walt Barson of 5090 Hahn St. NE, Nimishillen
Township, North Canton, OH 44721, which is in an R-1 Single Family Residential
District, is requesting a variance for an accessory building (garage for
storage of vehicles, boat, etc.) with a height of 24 ft. instead of the allowed
17 ft. as permitted in Section 602.4 of the Nimishillen Township Zoning
Resolution. On Sept. 7, 2011, he requested a variance only for the size of this
accessory building, which was approved.
·
APPEAL #576 - Sherri Nordick of 6337 Westmore St. NE, Louisville, Ohio, which is in an
R-1 Single Family Residential District, is requesting a Conditional Zoning
Certificate for a home occupation for a floral business, Tender Loving Care
Creations. Mrs. Nordick will be taking
telephone orders, making deliveries and doing other necessary paperwork subject
to Article XI Subsection 115 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 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 saying, “I do”.
FIRST CASE: (APPEAL
#574)
Walt Barson
of 5090 Hahn stepped to the podium
and said he went before the BZA last month for approval of a 40 x 60 accessory
building, which was approved. He is
2011,
November 2 BZA Minutes – 5090- Hahn (Access. Bldg.) & 6337 Westmore (Home
Occupation)
now asking for a height of 24’ instead of the allowed
17’ on the same building to store his boat, camper, kids’ toys, a motor home,
etc.
When
asked if this will be a commercial building, Mr. Barson said it would not be a commercial
building and would not be used for any type of business now or in the future.
RESIDENTS
SPEAK FOR OR AGAINST THIS VARIANCE:
There was no one in attendance to speak either for or
against Mr. Barson’s request.
Chairman Brahler asked the zoning inspector if there
were any calls or letters received at the township zoning office. Mr. Riggenbach said he received one or two
calls as to whether or not Mr. Barson was going to run a business from this
building. When they found out it was for storage for his personal items, they
were okay with the variance request for the additional height.
With no more questions from the Board and no further
discussion, Chairman Brahler asked for a motion for a ballot vote.
PAN ASLANIDES MOTIONED FOR A BALLOT VOTE SECONDED BY
TONY MUCCI. ALL VOTED YES – MOTION CARRIED
Voting went as follows:
TONY MUCCI - YES
ART SMITH - YES
PAN ASLANIDES - YES
GARY BRAHLER - YES
Mr. Barson’s request for 24’ in height for an
accessory building instead of the allowed 17’ was APPROVED. Chairman Brahler instructed Mr.
Barson to contact the zoning inspector during normal business hours and he
would issue him the proper permits.
SECOND CASE: (APPEAL
#576)
Sherri
Nordick of 6337 Westmore stepped to
the podium requesting a Conditional Zoning Certificate for a home occupation
for a floral shop and permission for a sign.
She will be taking telephone orders and making deliveries. Mr. Riggenbach explained she is permitted a 2
x 2 or 2 x 3 sign at the most with a home occupation.
When
asked if she would have a greenhouse or some type of building for her plants, Mrs. Nordick said there would not be a greenhouse
or any other building. She explained she
will have planters with some live flowers in them, floral arrangements in
vases, and bouquets and will keep the planters / flowers in a room at her
residence.
2011,
November 2 BZA Minutes – 5090- Hahn (Access. Bldg.) & 6337 Westmore (Home
Occupation)
When
asked if there would be a lot of traffic in and out of her home, Mrs. Nordick said she will be making deliveries
herself but maybe once in a while, possibly 3 to 4 times a month, she might
have items delivered to her home via a van or a refrigerated truck. She buys from Canton Wholesale and likes to
go there and pick out what she wants.
The only other traffic would be once in a while by appointment only,
such as a bride, but she has the option to meet at a different location other
than her home. Mrs. Nordick said she
will make all deliveries to funeral homes, hospitals, nursing homes,
Valentine’s Day, etc.
When
asked if there will be others working with her, she said no and said she would be doing everything
herself.
Discussion
continued regarding excessive traffic at her residence. Mrs. Nordick
said traffic would not be a problem.
A Board
member asked if this variance request was approved, would there be any recourse
if traffic got out of hand. Mr. Riggenbach said if there were any
complaints and after talking to Mrs. Nordic about it and if she didn’t comply
within a reasonable amount of time, zoning could bring her back before the
Board and they could revoke her Conditional Zoning Certificate.
Mrs.
Nordick was asked what she plans to do if her business grows. Mrs. Nordick said she hopes her business does grow
and said at that point, she would get her own shop outside of her home.
RESIDENTS
TO SPEAK FOR OR AGAINST THIS VARIANCE:
Ř
John Filling and Megan Cook of 6355 Westmore stepped to the podium and said they have no problem
with Mrs. Nordick running a business from her home.
Chairman Brahler asked the zoning inspector if he
received any calls or letters at the township office. Mr. Riggenbach said he received one or two
calls but after explaining what the variance entailed, they had no problem with
it.
However, one person called the office and spoke to
the township secretary. He didn’t think
Mrs. Nordick should be allowed a business in an R-1 district because his
Conditional Zoning Certificate had been revoked. The secretary explained to him that he didn’t
do what he said he would do, was given over a year to comply and that’s why his
Conditional Zoning Certificate was revoked.
2011,
November 2 BZA Minutes – 5090- Hahn (Access. Bldg.) & 6337 Westmore (Home
Occupation)
With no more questions and no further discussion,
Chairman Brahler asked for a motion for a ballot vote.
PAN ASLANIDES MOTIONED FOR A BALLOT VOTE SECONDED BY
TONY MUCCI. ALL VOTED YES – MOTION CARRIED
Voting went as follows:
TONY MUCCI - YES
ART SMITH - YES
PAN
ASLANIDES - YES
GARY BRAHLER - YES
Mrs. Nordick’s request for a home occupation for a
floral business was APPROVED. Chairman
Brahler instructed Mrs. Nordick to contact the zoning inspector during normal
business hours and he would issue her the proper permits.
OLD
BUSINESS / NEW BUSINESS:
§
Old Business: There was no old business to
discuss.
§
New Business: Mr. Riggenbach said there are
possibly two cases for December for accessory buildings if they meet the
deadline to get all of their paperwork in on time.
APPROVAL OF MINUTES:
__________________________________
Gary
Brahler, Chairman
__________________________________
Pan
Aslanides, Secretary
Zoning Board
of Appeals Minutes Folder: 2011,
November 2-BZA Minutes-Two Variances 5090 Hahn & 6337 Westmore – Approved