MINUTES
ZONING COMMISSION
MONDAY AUGUST 21,
2006 - 7:00 P.M.
Board Members: Gary Brahler
Floyd Fernandez
Edward Metzger
Regan Starkey
Bill Ehlers
Alternate Board Member: Dale Riggenbach
Zoning Inspector: Keith Lasure
Trustee(s) Present: Lisa Shafer
Purpose: Proposed Amendment: To add Section 603.8, Outdoor Wood Burning
Furnaces, to Article VI, General Standards and Special Provisions. A
definition for ‘Outdoor Wood Burning Furnaces’ will be added to Article
IV and Outdoor Wood-Burning Furnaces will be added as a permitted use
in the R-R Rural Residential District. Minimum lot area requirements in
the R-R District is proposed to increase to two (2) acres.
Chairman Brahler brought the meeting to order at 7:00 PM and introduced the Zoning Commission Board members, alternate Board member Dale Riggenbach, Trustee Lisa Shafer, Zoning Inspector Keith Lasure and Township Secretary Sharon Shaub.
Zoning Commission Secretary, Floyd Fernandez, read the recommendation (copy attached) from Stark County Regional Planning for the proposed amendment to add Section 603.8, Outdoor Wood-Burning Furnaces, to Article VI, General Standards and Special Provisions. A definition for ‘Outdoor Wood-Burning Furnaces’ will be added to Article IV and Outdoor Wood-Burning Furnaces will be added as a permitted use in the R-R Rural Residential District. Minimum lot area requirements in the R-R District is proposed to increase to two (2) acres. The Regional Planning Commission recommends approval of the proposed text change. The township’s legal counsel has also reviewed the proposed amendment.
Gary Brahler opened the proposed amendment hearing for discussion and asked the Board if they had any questions for Zoning Inspector, Keith Lasure.
Ed Metzger said until the minimum becomes two (2) acres, we couldn’t require a two-acre minimum explaining as it stands now two-acres is not required in an R-R District. Discussion regarding this followed and conditional use approval was also discussed.
Keith Lasure explained there was a meeting at RPC with Reva Butera and Cliff Meidlein, Stark County Prosecutor Sharon Miller, Trustee Lisa Shafer, Zoning Inspector Keith
Monday August 21, 2006 (Cont/)
Lasure and Township Secretary Sharon Shaub and said that
what is being presented at tonight’s hearing is what can be enforced. The Township Fire Chief also supports
this. Mr. Lasure feels this is a good
start of what we are trying to do, which is to protect
Ed Metzger asked if outdoor wood-burning furnaces would be allowed in any other district. Mr. Lasure said only in R-R and not a conditional approval for any other district explaining that according to the prosecutor, we could not enforce conditional approval. Discussion followed.
Keith Lasure said a permit would still be required to install a wood-burning furnace in R-R and all criteria would have to be met. Discussion followed.
Discussion was held regarding changing the two-acre minimum in R-R District. The Stark County Prosecutor suggested that increasing the lot size would be in our best interest.
Discussion was held on set back requirements. Gary Brahler said instead of worrying about the two-acre minimum, we should work on the setbacks. Keith Lasure said we are asking for a 50’ setback, which he feels is sufficient (the distance of the furnace from the house).
With no further discussion, Floyd Fernandez motioned to approve the change to the amendment to the Nimishillen Township Zoning Resolution as proposed by the Nim. Twp. Trustees & approved by RPC. Regan Starkey seconded the motion. MOTION DENIED. Roll call voting:
Floyd Fernandez - Yes
Bill Ehlers - No
Regan Starkey - No
Ed Metzger - No
Ed Metzger motioned to amend the motion and to drop the minimum lot size of two (2) acres and also with the district regulations that we do not modify the lot area to two (2) acres.
Keith Lasure said we couldn’t do that because we may well be ordered by the County or the State to increase our lot sizes to two (2) acres. Brief discussion followed. Keith Lasure asked Mr. Metzger to repeat his motion.
Mr. Metzger said what he wants is to motion that we drop the minimum lot size of two (2) acres in Article VI General Standards and Special Provisions, which says an outdoor
Monday August 21, 2006 (Cont/)
wood-burning furnace may be permitted in an R-R District on a minimum lot size of two (2) acres stating he wants to take out the minimum lot size of two (2) acres.
Bill Ehlers seconded the motion but Ed Metzger continued stating in the district regulations, there would be no need to change the minimum lot size at this time.
Bill Ehlers said if we say two (2) acres tonight, then eventually everything would be two (2) acres. Discussion followed between the Board and Keith Lasure.
Lisa Shafer read from a paper from Stark County Regional Planning Commission dated July 20, 2006, one of the district regulations says…’could increase lot sizes in R-R District to two (2) acres with or without sewer and should also increase the minimum lot size without sewer in R-1 and R-2 Districts’. Ms. Shafer said this is one of the changes being proposed by RPC. Much discussion followed.
Lisa Shafer said we need to
have something that all townships can take as one and we, at
Gary Brahler said he feels we should leave it at one acre now and if they force us later, then we’d have to do it at that time. Lisa said that is an option but now we’re going to have outdoor wood-burning furnaces all over. Ed Metzger feels we’re trying to over-regulate. Discussion followed.
FINAL MOTION:
Monday August 21, 2006 (Cont/)
Regan Starkey motioned to approve the May 15, 2006 Minutes, as written. Ed Metzger seconded the motion. Motion carried.
OLD BUSINESS / NEW BUSINESS:
None.
ADJOURNMENT:
Floyd Fernandez motioned to adjourn. Regan Starkey seconded the motion. Motion carried.
The meeting adjourned at approximately 7:35 PM.
______________________________
Gary Brahler, Chairman
______________________________
Floyd Fernandez, Secretary
ZC
Folder: 2006, August 21 ZC Minutes - Re Hearing on Proposed Amendment for
Outdoor Wood-Burning Furnaces.doc