Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
April 20, 2010

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, April 20, 2010 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Deron Boring, Chairman
Troy Cutright
Jennifer Milnes
Derek Ball
James Manion

Those absent:
Patricia Saillant

Also in attendance:
Zoning Inspector, Jim Mahood
Assistant Zoning Inspector, Van Black
ZBA Secretary, Mary Ann Greer

Mr. Boring called the meeting order. Mr. Boring introduced the Board members and explained the evenings' procedures.

The first item on the agenda was an application for a variance for a 500 square foot increase in combined total square footage for a detached accessory building from Section 310.09, C, 1, D for property located at 4771 Tallmadge Road (Parcel # 32-016-00-00-014-000) in a R-2 District submitted by:

Adam Lansinger
4771 Tallmadge Road
Rootstown, OH 44272

Mr. Boring swore in Adam Lansinger, 4771 Tallmadge Road. Mr. Lansinger said he would like to add an accessory building (40 x 60) and keep the two smaller sheds that were already there. Mr. Boring asked Mr. Lansinger if he was planning on building the accessory building his self. Mr. Lansinger said he would like to do it but he doesn’t have the time.

Mr. Manion stated the variance was for the additional size for the new building and leaving the old ones in place. Mr. Lansinger said that was correct.

Mrs. Milnes questioned the 500 foot in the variance. Mr. Mahood said you take the property size and per the book, any property over two acres is allowed ground coverage of 2.75%. He had to deduct the existing buildings off of that and that leaves the amount that can be covered. The building that he wants to put up is 500 feet over the amount allowed.

Mr. Cutright said there were three sheds; one is 8 x8 (that is where the new building would be, one that is 26 x 12, and the third one is 24 x 32. That is the square footage that Mr. Mahood used in his calculations. The buildings are movable. Mr. Lansinger said if he had an attached garage, it would not be an issue but since the garage is detached, he needs a variance.

Mr. Ball had no questions.

Mr. Boring asked about the location of the building (along New Milford Road). Mr. Lansinger said it was approximately 57 feet off New Milford Road. Mr. Boring asked if he was planning any sort of drive off of New Milford Road. Mr. Lansinger said he wasn’t. He would make the drive as short as possible from the new building to the existing driveway. If all the sheds were gone, would he have had to come before the Board? Mr. Mahood said that wouldn’t have been an issue.

Mr. Manion asked what was the building going to be used for. Mr. Lansinger said he wanted to store historical cars there. Mr. Lansinger said there would be no commercial business.

Mr. Boring asked the audience if there were any questions, comments, or concerns.

Mr. Boring swore in Jack Terrill, 4776 Tallmadge Road. He said he has lived there since 1972 and the property has never looked better since Mr. Lansinger has bought it.

Mr. Boring swore in Joe Soros, 4089 New Milford Road. Mr. Soros said the property looks good and he has no problem with the variance.

Mr. Mahood said in talking this over with Mr. Lansinger, his concern was the location and setback of the building. This was a corner lot. He wanted to make sure it would be located correctly and he talked to Chris Meduri about it. It is permitted to be off the right-of-way 40 feet.

Resolution ZBA 2010-05. Mr. Manion made a motion to grant the variance request from Section 310.05, D, 1, B allowing 500 square foot increase . Mr. Cutright seconded it. A vote was taken as follows: Manion – Yes Milnes - Yes Ball - Yes Cutright - No Boring - Yes. The motion carried by a vote of 4/1.

Next on the agenda was an application for a variance to allow the property to be split into two parcels in order to build a home on the newly created parcel with a 75 foot frontage from Section 310.04 F. 3 for property located at 3360 SR 44 in a R-1 District submitted by:

Eugene Muldowney, II
3360 SR 44
Rootstown, OH 44272

Mr. Boring swore in Eugene Muldowney, II, 3360 SR 44. Mr. Muldowney said he has owned the property since 1992 (16 acres with 290 foot frontage). It goes back approximately 2000 plus feet. The property has been used for agricultural purposes. He would like to build a new home there since he is getting married. There is three ways to access that. There is a drop off, septic is there. If he went to the center of the property, it would cut it right in half and the barn and 3 car garage would be separated from the farm house. The only place he could see in doing it is north of the three car garage.

Mr. Manion had no questions at this time.

Mrs. Milnes remarked that the property would be divided into two parts. She then asked if he was planning on selling one of them. Mr. Muldowney stated that his children did not want it sold since that was where they grew up.

Mr. Cutright asked if he knew the distance from the road back to the building line. Mr. Muldowney said he didn’t know why he drew the line where it was. It could be anywhere back there. Mr. Cutright asked it the property had been split already. Mr. Muldowney said it hadn’t.

Mr. Ball had no questions at this time.

Mr. Boring asked if Mr. Muldowney would show the Board where the septic system was located. Mr. Muldowney said there was a septic tank behind the house. If a driveway was put there, he would have to go over the septic.

Mr. Manion asked Mr. Mahood was the reason for applying for a variance to split the property. Mr. Mahood said it meets the frontage requirement but does not meet the building line at 150 feet. Mr. Cutright asked Mr. Mahood if he had a chance to look at it and what would it be behind the barn. Mr. Mahood said he didn’t go out there. Mr. Muldowney said it was probably over 150 feet from the edge of the road to the back of the bank barn.

Mrs. Milnes questioned the reason for the variance. Mr. Mahood said it had to be two separate lots since you cannot have two dwellings on one lot.

Mr. Boring asked the audience if there were any questions, comments, or concerns. There were none.

Resolution ZBA 2010-06. Mrs. Milnes made a motion to grant the variance request from Section 310.04, F, 3allowing a variance on the building line on the property. Mr. Manion seconded it. A vote was taken as follows: Milnes – Yes Manion - Yes Ball - Yes Cutright - Yes Boring - Yes. The motion carried unanimously (5/0).

Resolution ZBA 2010-07. Mr. Cutright made a motion to accept the minutes of February 15, 2010. Mrs. Milnes seconded it. The motion carried unanimously (5/0).

Mrs. Milnes made a motion to adjourn the meeting. Mr. Boring adjourned the meeting.

Deron Boring, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS