Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
July 15, 2008

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, July 15, 2008 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright, Chairman
Eugene Mills
Jennifer Milnes
Deron Boring
Diane Esola
James Manion

Those absent:
Patricia Saillant

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

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

The first item on the agenda was an application for a variance from Section 450.02 B for a covered deck 12 x 40 on property located at 4773 Melverta Drive in a R-2 District submitted by:

Joe & Linda Geopfert
4773 Melverta Drive
Ravenna, OH 44266

Mr. Cutright swore in Ed Kurz, 445 Woodland Street, Ravenna, Ohio. Mr. Kurz said it wasn't his project. He was objecting to it.

Mr. Cutright swore in Joe Geopfert, 4773 Melverta Drive, Ravenna, Ohio. Mr. Geopfert said they were adding a 12 x 40 front porch, which is actually a covered deck with no foundation just piers. They meet all zoning requirements except they are on a nonconforming land.

Mr. Boring asked if it was on the front of the house. Mr. Geopfert said it was on the side facing the lake.

Mr. Mills had no questions.

Mrs. Esola had no questions.

Mr. Manion asked about the definition of a non-conforming lot. Mr. Cutright explained about non-conforming lots and the agreement the Board had with the Association.

Mr. Mills added to the explanation. The agreement between the Association and the other Associations are the same. It came about over some very hard feelings of which a resident of one of the Associations preceded to come to the Board and get their approval to do some building. They started the building and the Association went to confront them with it and the applicant at that time told the Association where to go. It created hard feelings. The Association came to the Board and wanted to know why it was done and the purpose for it. This went on for six months. Mr. Mills then worked out an agreement with the Association. Anything wanting to be done in the association, the party must go to the Association first and get their approval. Then it comes to the Board (always has to come before the Board), it is a non-conforming. The Board then looks at it as if it was a lot and tries to keep it as close to the requirements as possible.

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

Mr. Kurz asked if it was a solid structure. The Board showed Mr. Kurz pictures of the proposed deck. Mr. Geopfert explained how the deck would be built. Mr. Kurz said most of the houses were built the same distance from lake. Mr. Geopfert's house sits further forward. Most of the lake is to that side and the south. The house itself cuts the view from the inside compared to what it was before and this will cut it even further. Mr. Kurz said he did not realize the situation with the house until it was up. Mr. Kurz said the deck would cut the view to the lake from inside his home and from that standpoint he was objecting to anything that would obstruct the view to the lake.

Mr. Mills asked if Mr. Kurz lived more to the north or south. Mr. Kurz said he lived more toward the north. Mr. Kurz said when someone was on the south end of the lake; it would be hard to keep an eye on them. Mr. Mills asked how far back from the lake did Mr. Kurz sit. Mr. Kurz said they were back behind Mr. Geopfert's house. When the deck was erected it would cut the view from the second window of their house off.

Mr. Manion asked if there was a restriction by association on how close one could go to the waterfront. Mr. Kurz said it was pretty much at the discretion of Mr. Navarrete. He stopped in and talked to Mr. Navarrete about his view being blocked by the deck, but Mr. Navarrete said it wasn't aware of it. Mr. Geopfert said he could delete the rail on that side by raising the dirt.

Mrs. Esola asked Mr. Kurz what he thought about having the rail deleted. Mr. Kurz said he liked it the way it is. Mr. Kurz would still have an obstructed view. Mr. Geopfert said they lost three trees that were at least a hundred feet tall this spring. Their house is at least 2 degrees warmer.

Mr. Manion asked if this was subject to approval through the County Building Department. Mr. Geopfert said if they raised the dirt three feet (30 inches from the ground); you do not have to have a rail. Mr. Kurz said even if there was no rail it would still obstruct their view of the lake. Mr. Kurz said his deck was ground level with a bench to keep from falling off it.

Mr. Geopfert said his wife has MS but is still walking; but at the point when she is not walking, it wouldn't be accessible to her.

Discussion about building of houses there followed. Mr. Mills asked if they were notified when the first approval about ten years ago was done. Mr. Kurz said they were notified about the sewer, etc. Mr. Mills was referring to when the Geopfert's built their new house (about 4 years ago). At that time there should have been a notification that Mr. Geopfert was going to the Board about building the new house. Mr. Kurz said he didn't realized where the house would be located until it was up. Mr. Geopfert said Mr. Kurz hadn't used the house a lot. Mr. Mills asked Mr., Kurz what % of lake did he see from his house as opposed to what % he would have seen ten years ago. Mr. Kurz said if he sat at the table when they originally bought it; it was probably 180 degrees. With Mr. Geopfert's house built forward; now it would be 90 degrees and with deck another 40 degrees. Mr. Mills said most of the residents live to the right going towards the west. Mr. Kurz said it was probably 50/50. Mr. Geopfert said he would be willing to leave the railing off on that side.

Back to the Board.

Resolution ZBA 2008-007. Mr. Mills made a motion to grant the variance request from Section 450.02 B with the project approved by Mr. Navarrete and there not being any safety hazards. Mr. Boring seconded it. A vote was taken as follows: Boring - Yes Manion - Yes Esola - Yes Mills - Yes Cutright - Yes. The motion carried unanimously (5/0).

Resolution ZBA 2008-008. Mr. Mills made a motion to accept the minutes of the June 17, 2008 as received. Mrs. Milnes seconded it. The motion carried unanimously (5/0).

Mr. Armentrout addressed the Board. He explained the problems with the Portage County Regional Planning.

Mr. Boring made a motion to adjourn the meeting. Mr. Mills seconded it. Mr. Cutright adjourned the meeting.

Troy Cutright, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS