MINUTES

BOARD OF ZONING APPEALS

TUESDAY, MARCH 1, 2011 – 7:00 PM


Board Members Present: Gary Brahler, Vice Chairman

Pan Aslanides, Secretary

David Foss, Member

Ed Metzger, Alternate


Board Member(s) Absent: Bill Ehlers


Trustee(s) Present: Mike Lynch, Allen Gress, Lisa Shafer


Interim Zoning Inspector: Dale Riggenbach


Township Secretary Absent: Sharon Shaub


Purpose:




Vice Chairman Brahler opened the meeting at 7:00 P.M. and introduced the Board of Zoning Appeals, Interim Zoning Inspector Dale Riggenbach and the township trustees. Mr. Brahler 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”.


Organizational Meeting: Since not all board members were present and Dale Riggenbach is still the interim zoning inspector, the board agreed to postpone the election of officers and take care of it at the next scheduled BZA hearing.


Set meeting day and time: The Board agreed to change the meeting day to the 1st Wednesday of the month at 7:00 PM.


TONIGHT’S CASE - APPEAL #567:


Curtis Bates of 6749 Northlawn NE stepped to the podium and stated he is requesting a variance to add an addition of 6,400 sq. ft. to a 64’ x 95’ commercial structure at 3244 S. Nickelplate being used as a cabinet shop and remodeling company. He needs the extra square footage for storage.


In 2002, he appeared before the BZA and applied for storage but his request was denied. Mr. Bates said he knew he needed extra space, so he purchased a 6,000 sq. ft. property in the City of Louisville. It’s proven over the years it’s not economical having two locations. Time was being wasted in travel time back and forth from the city to the township.


2011, March 1-BZA Minutes–Curtis Bates-Addition to Bldg-3244 S. Nickelplate (Cont.)


Mr. Bates said he has since sold the building in the city. When he built the building in the township in 2003, his septic system was placed in such a manner so that he could apply for an addition in the future if necessary and it’s now gotten to the point of necessity.


Because of hard economic times, buying in bulk saves him a lot of money. Dale Riggenbach went through the facility. Mr. Bates showed him the situation and it’s quite clear he doesn’t have the needed space necessary to buy materials in bulk. The other reason for requesting a variance for an addition of 6,400 sq. ft. is so he can store supplies in a building rather than storing his supplies outside under tarps, which is what he does at this time.


Mr. Bates said the new addition will be the same color steel siding and the same color steel roof. The building will go due east in line with the existing building. He said he would not change the curb appeal much, it’s a positive change and he doesn’t feel he’s asking for anything out of the ordinary. He said he would not be creating a major manufacturing facility, produce toxic waste or do anything to harm the environment or his neighbors. That is not his goal and he just wouldn’t do that.


The building has been there since 1968, and every person who has built by him, bought a home or invested in real estate has done so with the knowledge that he was there. He said he will not be doing anything different than what he’s doing now. He wants to make it a positive in the area and does not want to decrease his property value or anyone else’s.


Mr. Bates stated he knows he has some opposition but said he’s been a good neighbor since 1968 and will continue to be a good neighbor. If anyone comes to him with a concern or a question, he would address it. There’s only been one person in all these years that has done that and he tried to address the concerns.


When asked if the building will be heated, he said yes in the future, but it’s not in his budget at this time. It will be a cold storage building and there won’t be restroom facilities at this time. Mr. Bates said he went to the Stark County Health Department and because his septic system is so big, the health department would not have a problem with this. He has two 1,000 gallon tanks, one 500 gallon pumping station, a 360 foot raised sand mound, several feet of leech lines and a half-bath.


Mr. Bates has two acres. When the septic system was designed, he tried to get it brought down in size but Mr. Stoll from the Ohio EPA said this was the smallest system designed for a commercial property and told Mr. Bates that it was overkill.


When asked about employees, Mr. Bates said he has nine (9) employees on payroll with two (2) in an office at a different location and three (3) of the employees are in the field. They come in at 7:00 AM, are usually gone by 7:30 – 8:00 AM and return at 5:30 PM. The rest of the nine employees are in the shop.


When asked if there would be an increase in production, Mr. Bates said at this time it’s just for storage. Production might increase but Mr. Bates said he doesn’t know at this time if it will. That’s not his goal right now but said even if he wanted to use 35% or 50% of the building to manufacture or do what they do today, it’s his intention to always be a good neighbor and do the right thing.


2011, March 1-BZA Minutes–Curtis Bates-Addition to Bldg-3244 S. Nickelplate (Cont.)


Mr. Bates continued by stating he’s in compliance with the Stark County Health Department and Ohio EPA and both have been to his facility, made recommendations to him (not required) to improve his relationship with the neighbor and he followed the recommendations. He has never been cited for anything. He said there was a complaint in 2003 regarding air pollution. The Ohio EPA came and spent two days at his facility and they fell into an exempt obligation because they don’t use enough products that would require a permit from the EPA.


When asked if he used natural gas, Mr. Bates said he does but when he burns wood, they circulate three fans with 3,400 to 3,500 CFM’s. If two are running at one time, it sucks the heat out of the building. He said he uses the wood burner from 7:30 AM to 3:30 PM.


When asked what the outside of the facility will look like such as landscaping, etc., Mr. Bates said there used to be a field in the back that was overgrown but he now has mowed grass. In other words it’s green grass, a parking lot and a building.


With no further questions for Mr. Bates, Vice Chairman Gary Brahler asked if there was anyone present who would like to speak in favor of this variance.


RESIDENTS IN FAVOR OF THE VARIANCE REQUEST:


Dale Kandel, 3223 S. Nickelplate stepped to the podium and said he lives across the street from Johannings Cabinet Shop and is also an employee working there for six (6) months now. He’s known Mr. Bates for 15 years and said Curtis is a man of his word and is community-minded.


Norman Saeger, Saeger Architectural Services, 4956 Eshelman said as Mr. Bates’ architect, anything he would do regarding the addition would be with the approval of the Stark County Building Department and Regional Planning. Everything would be built to code.


Tammy Mickley, representing herself and her husband, Brian Mickley, both of 3094 S. Nickelplate read the letter her husband wrote for her to read because he was not able to attend tonight’s hearing. (LETTER ATTACHED – can be viewed at township office) Tammy said she personally feels the variance request should be granted stating Curtis’ intentions are good and his heart is in the right place.


Tamara Wurgler, 3025 S. Nickelplate stated she thinks it’s a legitimate request. She talked to Mr. Bates. He answered all of her questions and it did not sound like there was anything for her to be concerned about. She walks by his place of business every day and never hears any noise or smells fumes. She said she’s a realtor and cannot see where this business would hurt the re-sale of anyone’s property. She stated the addition would be a definite advantage in order to get some of the items that are outside placed inside a building. She said it doesn’t look bad now but would look even better with those items inside a storage facility.


RESIDENTS OPPOSED TO THE VARIANCE REQUEST:


Jeff Sigler, 2941 S. Nickelplate doesn’t want to stop anyone from running a business but stated there’s nothing to stop Mr. Bates from continuing to grow his business should the variance be granted and it would be something that he, Mr. Sigler, could not control. He said



2011, March 1-BZA Minutes–Curtis Bates-Addition to Bldg-3244 S. Nickelplate (cont.)


the variance request is for storage now but nothing would stop Mr. Bates from creating a manufacturing site in the future should his request be granted. Mr. Sigler thinks it’s a bit suspicious and is inclined to not want this facility built on these concerns.


Rod Bockbrader of 20640 Camp Lane, Freeport, Ohio said he was not notified about Mr. Bates’ variance request and referred to page 83 in the old Zoning Resolution. He owns property near Mr. Bates’ shop. Mr. Bockbrader said in 2002, when he was on the BZA, the Board granted Mr. Bates a Conditional Use Permit to add on to his building at that time. He said this is not about Mr. Bates’ character but is about the future as to where Mr. Bates’ business is going. Mr. Bockbrader and the Board were looking at plans and discussing the two tracts that were combined into one parcel so Mr. Bates could get the septic installed. They talked about ‘grandfathering’ and that one section is still residential. Mr. Bockbrader said you cannot change a ‘grandfather’. More discussion followed.


Board alternate, Ed Metzger and surveyor by trade, said this addition would completely fit on the original tract 1. Mr. Bockbrader and Mr. Metzger disagreed and discussion followed.


Mr. Bockbrader said the BZA already allowed Mr. Bates double the space in 2002 and said there are other things to consider. The whole area is considered R-1 Single Family Residential but he’s grandfathered in on that one parcel. There was then discussion back and forth about fences, landscaping and being 100’ from a residential property.


Pan Aslanides said the reason everyone is here tonight is because it’s nonconforming and there are different issues now.


Mr. Bockbrader said Mr. Bates made the building look nice but it’s time for him to move to an industrial area rather than expand his business in an R-1 District.


Vice-Chairman, Gary Brahler, said he received the signed petition of those opposed to the current variance request with sixteen signatures. (ATTACHED – can be viewed at township office)


Ken Grosswiller, 1116 Park Village Drive, City of Louisville lives about 300 yards away from the building of concern and has lived at his current address for twelve (12) years. He was on the City of Louisville Planning Commission and Zoning Board of Appeals. He stated in this particular request, the applicant is requesting 6,400 sq. ft. of operating space be added to his current commercial structure and feels the variance should not be granted because:


2011, March 1-BZA Minutes–Curtis Bates-Addition to Bldg-3244 S. Nickelplate (cont.)


Mr. Grosswiller said he does not see this request as a hardship situation. Business expansion is an economic opportunity – not a burden. The applicant should make plans to relocate to expand his business in an appropriate district – not in an R-1 District.


Michael Cestoni, 3190 S. Nickelplate lives less than 400 yards from the cabinet shop and urges the Board to deny this request in order to protect the integrity of residential properties. The community agreed many years ago to create residential areas and commercial areas. It’s the responsibility of the BZA to protect residential areas.


When Mr. Bates bought this property, he was well aware of the constraints of this property. He was granted an exception for an expansion a couple years ago, which should not have been approved based on the ‘grandfather’ clause. Businesses outgrow their facility all the time. Mr. Cestoni said he sympathizes with Mr. Bates due to his investment and his employees, but poor long term planning on his part is not the issue.


Mr. Cestoni said when he bought his property over 20 years ago, he was aware there was a mom & pop cabinet shop but not a 13,000 sq. ft. commercial facility.


Mr. Cestoni questioned the semi-trailers still parked on Mr. Bates’ property which is in violation of the Nimishillen Township Zoning Resolution.


Curt Werren, 1593 Alexandria Pkwy., SW, N. Canton is the attorney for Kevin & Stephanie (Janecek) Huston who live at 3262 S. Nickelplate which is next door to Mr. Bates. He represented Mr. & Mrs. Huston 7-8 years ago regarding this property. He was not hired for tonight. He said he’s following through on the representation he provided to them then. He urges denial for the following reasons:


  1. Would no longer need to be just for storage.

  2. Could be an industrialized cabinet manufacture process – more extensive.

  3. He’s already doing an extensive process - home remodeling & home building. There’s traffic in/out every day. Storage does not stay storage and it is not intended to stay storage.

  4. Mr. Bates knows he can do heating – he’s planned for it. Atty. Werren said he’s never head of a single businessman say that he’s not interested in growth and said be assured, this will grow.


Atty. Werren asked the Board to consider the interest of all the home owners to maintain their property value and asked the Board to deny this variance.




2011, March 1-BZA Minutes–Curtis Bates-Addition to Bldg-3244 S. Nickelplate (cont.)



EXECUTIVE SESSION:


With no one else to speak against Mr. Bates’ variance request, the Board elected to enter into executive session because one of the Board members, David Foss, is new, this is his first hearing, and he has some questions.


It was questioned as to whether or not the BZA can enter into executive session. Per Lisa Barr with the Stark County Prosecutor’s office on a previous case, the Board can enter into an executive session if they so choose because this is a ‘hearing’ and not a ‘meeting’.


Upon return from executive session, the Board reported they answered Mr. Foss’ questions as to what type of businesses could be there in the future if this business no longer existed and what could be put there if the business was sold.


With no further questions and no one else in attendance to speak either for or against this variance, Vice Chairman Gary Brahler asked for a motion for a ballot vote.


MR. METZGER MOTIONED FOR A BALLOT VOTE ON APPEAL #567 SECONDED BY MR. ASLANIDES. ALL VOTED YES. MOTION CARRIED. Voting went as follows:


Mr. Foss – NO - Section 1001 Addition will exceed the allowed 25%

Mr. Aslanides – NO - Addition will exceed the allowed 25%

Mr. Brahler – NO - Section 1001A. – Addition will exceed the allowed 25%

Mr. Metzger – NO - Section 1001A. - Limits expansion to no more than 25% for

a nonconforming use


Vice Chairman, Gary Brahler, stated the request for the variance has been DENIED.



NOTE: It was asked if the final decision for a Board of Zoning Appeals hearing goes before the Nimishillen Township Board of Trustees for a final vote. It does not. This only applies to the Zoning Commission for zone changes, amendments, etc. The decision of the Board of Appeals is final. If the applicant wants to appeal the Board of Appeals’ decision, the next step is to go before the courts.



OLD BUSINESS / NEW BUSINESS: There was no old business or new business to discuss.



APPROVAL OF MINUTES:


MR. METZGER MOTIONED TO APPROVE THE WRITTEN MINUTES FOR DECEMBER 7, 2010 SECONDED BY MR. ASLANIDES. ALL VOTED YES. MOTION CARRIED.






2011, March 1-BZA Minutes–Curtis Bates-Addition to Bldg-3244 S. Nickelplate (cont.)



ADJOURNMENT:


MR. METZGER MOTIONED TO ADJOURN AT 9:00 PM SECONDED BY MR. ASLANIDES. ALL VOTED YES. MOTION CARRIED.





__________________________________

                                              Gary Brahler, Vice Chairman            





__________________________________

Pan Aslanides, Secretary                 







Zoning Board of Appeals Minutes Folder: 2011, March 1-BZA Minutes, Curtis Bates-Addition to Bldg-3244 S. Nickelplate

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