Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
August 19, 2008

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, August 19, 2008 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright, Chairman
Eugene Mills
Patricia Saillant
Deron Boring
Jennifer Milnes
James Manion

Those absent:
Diane Esola

Also in attendance:
Zoning Inspector, Jim Mahood
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 a variance from Section 310.09, 13, 5 to place a swimming pool beside the house located at 4236 Sandy Lake Road in a R-V district submitted by:

Terry Rowe
4236 Sandy Lake Road
Ravenna, OH 44266

Mr. Cutright swore in Terry Rowe, 4236 Sandy Lake Road. Mr. Rowe said when he went to the Building Inspector in Ravenna where he was informed there were no restrictions in the Townships on pools. When the pool people showed up the only spot was beside the house due to several trees in the back. When he called Mr. Mahood about the pool, he was informed it should be in the back. Mr. Rowe said he couldn't put it there. Mr. Mahood said he would have to get a variance. Mr. Rowe showed the Board the place where the pool was and the location of the trees.

Mr. Boring asked where the closest building was in the back. Mr. Rowe said there was one vacant house. Mr. Boring asked if there was anything east of Mr. Rowe's house. Mr. Rowe said there was a house, which a young fellow had just bought.

Mr. Mills asked if the lots were 30-foot fronts. Mr. Rowe said some of them are 28 to 30 feet. Mr. Mills said that would give Mr. Rower about a 240 feet frontage. Mr. Rowe said the lot was about 120 feet deep. Mr. Mills asked how far the house was off the street. Mr. Rowe said it was about 30 to 35 feet. Mr. Mills asked about the trees. Mr. Rowe said the oak trees were close to pool but the lean away from the pool. Mr. Mills asked the distance from the back of house to the storage barn. Mr. Rowe said it was about 25 feet. Mr. Mills asked where the garage was. Mr. Rowe pointed to an area on the drawing and said there was a carport there. Mr. Mills asked why couldn't the pool be put between the house and the storage barn. Mr. Rowe said there was not enough room there; the pool was 18 x 30 feet plus the deck. Mr. Mills asked how much space was between the back of the house and the storage barn. Mr. Rowe said it was about 25 feet. Mr. Rowe said there was a patio out there also. Mr. Mills asked the size of the storage barn. Mr. Rowe said it was 12 x 15. Mr. Mills asked if the storage barn could be moved. Mr. Rowe said there was no way mainly because of the trees. Mr. Mills stated that in reading the notes that Mr. Rowe had been there 29 years and never knew that Rootstown had zoning. Mr. Rowe said that was right.

Mrs. Saillant asked if there was going to be a fence around the pool. Mr. Rowe said there would be a fence. Mrs. Saillant inquired as to where the fence would go. Mr. Rowe said there was a deck around the pool and he had a fence around the deck. He was also going to put a chain link fence across the front because right now with the developments in here and that one restaurant on the corner; there were a lot of kids going up and down the street. The chain link fence would be along the front right behind his shrubs and to the house.

Mrs. Milnes asked if the ground was flat between the pool and the road. Mr. Rowe said it was flat. Mrs. Milnes inquired as to how busy was Roosevelt Road. Mr. Rowe said there seemed to be more traffic now that has been paved; when it was a stone road, there were few cars. Mrs. Milnes asked if the pool got a hole in it, what would happen to all the water. Mr. Rowe said there was a deep ditch on their side of the road. Mrs. Milnes stated if there was accident, the water would go into the ditch. Mr. Rowe said that was right.

Mr. Cutright asked Mr. Mahood if he had gone out about it. Mr. Mahood said that he and Mr. Rowe talked on the phone, then Mr. Mahood asked Mr. Rowe to come in. Mr. Rowe came in for the variance and due to the fact of the information that MR. Rowe gave him; he did go out and drive around to see it. Mr. Mahood said there were multi trees in the back. It was the safest place for the pool.

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

Mr. Cutright swore in Tom Nichols, 3217 Hartville Road. Mr. Nichols said the property is fairly shielded from trees and shrubs. This pool compliments the property as well. This is the only place for the pool with sunlight. It has a nice deck around it for safety and on the street there is a privacy fence.

Mr. Mahood referred to the Section of the Zoning Code on fencing around pools.

Back to the Board.

Resolution ZBA 2008-009. Mr. Boring moved that under Section 310.09, B, 5 that the variance be granted in the property at 4236 Sandy Lake Road, Rootstown, Ohio. Mrs. Saillant seconded it. A vote was taken as follows: Saillant - Yes Mills - No Boring - Yes Milnes - Yes Cutright - No. The motion carried by a vote of 3/2.

Resolution ZBA 2008-010. Mr. Mills made a motion to accept the minutes of the July 15, 2008. Mrs. Saillant seconded it. The motion carried unanimously (5/0).

Mr. Mills made a motion to adjourn the meeting. Mr. Boring 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