Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
September 16, 2008The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, September 16, 2008 at 7:00 P.M. at the Rootstown Town Hall.
Those present:
Troy Cutright
Eugene Mills
Jennifer Milnes
Diane EsolaThose absent:
Patricia Saillant
Deron Boring
James ManionAlso in attendance:
Zoning Inspector, Jim Mahood
Assistant Zoning Inspector, Van Black
ZBA Secretary, Mary Ann GreerMr. 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 Sections 310.09 B, 1, C and 310.09 D, 1 for a building to be 48 x 32 and to be 11' from principal storage located at 1870 Sandy Lake Road in a R-2 District submitted by:
Daniel W. & Pamela Frank
1870 Sandy Lake Road
Ravenna, OR 44266Mr. Cutright swore in Daniel W. Frank, 1870 Sandy Lake Road. Mr. Frank said he would like to remove the old garage and replace it with a 32 x 48 garage. It would be 11' from the existing house. The driveway would remain the same.
Mrs. Milnes asked if the driveway was on Sandy Lake Road. Mr. Frank said it was but the driveway was actually in Brimfield and the house is in Rootstown. Mrs. Milnes said the existing garage would be removed and replaced with a bigger one. The only difference, the new garage would be closer to the house. Mr. Frank said that was what he would like to do.
Mrs. Esola asked if any hookups would be different. Mr. Frank said there would be electric but no heat in the new garage. Mrs. Esola said other than it being closer to the house, left or right it does not make any difference. It is still behind the house. Mr. Frank said it would be no closer to neighbors. Mrs. Esola asked about the neighbors. Mr. Frank said the neighbor's house was out near the road and his was down over the hill.
Mr. Mills asked when the existing garage was built. Mr. Frank said he thought it was built back in the 60's as a one-day garage, which has a lean to it. Mr. Mills asked if the garage could be moved to south a little bit. Mr. Frank said there was concrete there. Mr. Mills asked if there were any problems getting approval from the Association. Mrs. Frank said he had no problems with the Association. Mr. Mills remarked that the application was for a variance and variances are always scary. Mr. Mills asked why a garage that size was needed. Mr. Frank said he would like to store the camper and a towing vehicle in it. Mr. Mills stated that a variance goes with the land forever. There is always the question about who will own the property later and what will the building be used for then.
Mr. Cutright asked about the buffer towards the house on the north and how close to the next level. Mr. Frank said it would be approximately 100 to 150 feet. Mr. Mills said that would be going west. Mr. Cutright asked if the height of the new building compared to the old building increased. Mr. Frank said it increased. There would be a 15' 6" ceiling in it to accommodate the camper (12' 6"). Mr. Cutright stated the building would be approximately 21' 6" high.
Mr. Cutright asked the audience if there were any questions, comments, or concerns. There were none.
Resolution ZBA 2008-011. Mr. Mills made a motion to grant the variance request from Sections 310.09 B, 1, C and 310.09 D, 1. Mr. Cutright seconded it. A vote was taken as follows: Esola - Yes Milnes - Yes Mills - Yes Cutright - Yes. The motion carried unanimously (4/0).
Second on the agenda was an application for a variance from Section 310.04 D, 2 of 12 feet so that the house can face the street located at 4864 Smith Road in a R-V district submitted by:
Cheryl L. Hayden-Lash
5362 Fairhill Drive
Ravenna, OH 44266Mr. Cutright swore in Cheryl Hayden-Lash, 5362 Fairhill Drive, Ravenna, Ohio. Mrs. Hayden-Lash stated she would like to be able to place the house closer to the vacant lot so it would face the street. The lot next to them was vacant. She had been trying to buy it but has not been able to contact the owner. The lot could not be developed.
Mrs. Milnes stated that the variance Mrs. Hayden-Lash was asking for was to have the house closer to the vacant lot than is usually permitted. Mrs. Hayden-Lash has been unable to contact the owners of the vacant lot.
Mr. Mahood stated that Mrs. Hayden-Lash has two plans - one if for the garage to be 12 feet wide and if that is not accommodating than the garage could be 10 feet wide. With an attached garage, she would be 4 feet from the property line and 8 feet from the other line with a 12 feet garage. With the smaller garage, she would be 6 feet and 8 feet. She is looking for a variance of either 8 or 6 feet.
Mrs. Esola inquired as to what was on the other side of her property. Mrs. Hayden-Lash said there was a newer home on the other side. Mrs. Esola asked about the attempts that Mrs. Hayden-Lash had made to get a hold of the owners of the vacant lot. Mrs. Hayden-Lash said she got an attorney to check, went on the internet, called a 138 names in the Cleveland area looking for the owner, checked out the addresses, checked with the nursing homes in that area, and went to the treasury's office and found out no taxes had been paid on the lot for 12 years. It would go up for Sheriffs sale but that takes 90 days. It would be snowing by that time and they would be unable to put the house.
Mr. Mills asked if there was no other house that would fit on that lot other than a 66-foot length. Mrs. Hayden-Lash said they house they contracted for was 66 feet and they had already signed a contract. Mr. Mills asked if they had checked with zoning. Mrs. Hayden-Lash said she had. She was not aware that the garage had to be attached. They were planning on putting the garage behind the house. Mr. Mills asked if there was no way to attach the garage to the rear of the house. Mrs. Hayden-Lash said they might be able to but it would mean moving the driveway over and around the house. Mr. Mills asked what was on lots 36, 37, and 38. Mrs. Hayden-Lash said there was a house there. Mr. Mills said he had serious problems of 4 foot from the property line because once it is Okayed; that opens up "Pandora's" box for everybody else in that general area. A driveway along the side, he could probably understand a variance far quicker than he could a building being closer. Mr. Mills asked what the drawback would be in turning the house sideways on the lots. Mrs. Hayden-Lash said the front door would face one neighbor's house and it would be a side window facing the street. Every thing else on the road faces the street. Mr. Mills asked her if she had checked with zoning before purchasing the lots and house. Mrs. Hayden-Lash said she had a real estate agent do that. They had the home before the lots. They had looked a long time because her grandchildren are in the Rootstown School district and they wanted to stay there. There was a little house on the property, which they had taken down.
Mr. Cutright asked the audience if there were any questions, comments, or concerns. There were none.
Mr. Mahood mentioned that there could be only two bidders (Hayden-Lash and Arbogast) on the vacant lot since the lot would be of no use to anyone else. Mr. Mahood asked if it was possible to put a condition on the property that if the property is purchase, it must be resurveyed to include that parcel.
Resolution ZBA 2008-012. Mrs. Esola made a motion to grant the variance request from Section 310.05 D, 2. Mr. Cutright seconded it. A vote was taken as follows: Milnes - No Esola - Yes Mills - No Cutright - Abstain. The motion was denied by a vote of 1/2/1.
Mr. Cutright swore in Thomas Wood, 3099 S. Duck Creek Road, North Jackson, Ohio. He wanted to know if the denial was for one or both footages. Mr. Mills said it still doesn't meet the requirements.
Mr. Cutright swore in Lillian Denning, 5923 Tallmadge Road, Rootstown, Ohio. Mrs. Denning asked if the car garage could be built behind the house unattached. Mr. Cutright said the Board could not give opinions. They can only vote on what is presented to them. She can always take it up with Mr. Mahood.
Third on the agenda was an application for a Conditional Use Permit (CUP)/area variance for an assisted living home located at 4826 New Milford Road in a R-1 District submitted by:
Bonnie Klusty
4826 New Milford Road
Ravenna, OH 44266Mr. Cutright swore in Bonnie Klusty, 4826 New Milford Road, Ravenna, Ohio and Kelly Stalmaker, 907 Summit Gardens Blvd., Kent, Ohio.
Ms. Stalmaker said they would like a Conditional Use Permit (CUP) to run an assisted living home out of the house.
Mr. Mahood noticed the ad in the paper for a health care facility located on the property. In checking the records, there was nothing applied for through the permits. He sent out a letter asking them to contact the Zoning Inspector so they could get the ball moving. It is conditionally permitted. Their property unfortunately is just over an acre and the book requires two acres. Mr. Mahood classified it a congregate care facility (24 an hour around the clock care).
Mrs. Milnes asked how long the business was in operation. Mrs. Klusty said she had been in business 13 years. Mrs. Milnes asked if she met the certifications. Mrs. Klusty said she met all the state requirements. Mrs. Milnes asked if she was applying for a sign or to have the business itself. Mr. Mahood said she could not apply for a sign if she did not have the business. The business is needed first. Mrs. Milnes stated that right now they were an acre short from 2 acres required. Mr. Mahood said it was less than an acre. Mrs. Milnes asked if there were any other violations so to speak that needed to be brought up. Mr. Mahood said the first step was getting them registered with the Township. Mrs. Milnes stated that since they had been operating there for 13 years, they would not be changing the character of the neighborhood. Mr. Mahood stated that the Township hasn't had any complaints or nuisance calls on their behalf. Nothing has been registered with the Zoning Department. Mrs. Milnes asked why this hadn't been registered 13 years ago. Mrs. Klusty said she didn't know.
Mrs. Esola asked why they were coming before the Board now. Mr. Mahood said he saw the advertisement in the paper and had to act on it. Mrs. Esola said they had advertised before. Mr. Mahood said there was a sign in the neighbor's yard on the other side of the street. Mr. Mills said he had gotten calls about it. Mrs. Esola asked if they had always had a sign. Mrs. Klusty said just the last few years. Mrs. Esola asked if they would be expanding. Mrs. Klusty said she would not be expanding. There were plans to put a ramp on the side. They have changed the rules on removal of the deceased. You cannot cover them up completely; their face must not be covered. Mrs. Klusty lets the neighbors know when someone is being removed so the children do not have to see this.
Mr. Mills asked how long they had lived in this Township. Mrs. Klusty said she lived on Mew Milford for 13 years and prior to that on Marks Avenue 4 years. Mr. Mills asked if she was the owner of the business. Mrs. Klusty said she and her family live there. Mr. Mills asked Ms. Stalmaker what her role was. Ms. Stalmaker said she worked for Mrs. Klusty. Mr. Mills asked how many patients were there. Mrs. Klusty said there were 5 patients. Mr. Mills inquired as to whom else was in the household. Mrs. Klusty replied herself, her husband and two boys. Mr. Mills asked if each patient had an individual room. Mrs. Klusty said was one was private and the rest were shared rooms. Mr. Mills asked for an explanation of the ramp that was going on the side. Mrs. Klusty showed the Board how the ramp would be going and this way the children wouldn't see the deceased leaving. They might put up an 8-foot privacy fence if needed. Mr. Mills asked what her thoughts would be if her neighbor decided to go into the home care business. Mrs. Klusty said it would be great. Ms. Stalmaker said there were licensed for 5 people. They have few visitors. Mrs. Klusty does her own grocery shopping. The families bring the required medications. You would not realize the business without the sign being there.
Mr. Mahood said the District was R-1.
Mr. Mills stated that this was a single family dwelling with 9 people. Ms. Stalmaker said the family lives in the basement with the patients upstairs in the main part of the house. Mr. Mills said what the Board has to consider is what is best for the interest of the community and what is the intent of the Zoning Book that has been written and reviewed by others. The Board has to enforce it.
Mr. Cutright asked if there were any hazards in the house. Mrs. Klusty said there were any. Mr. Cutright inquired about the care of the patients. Ms. Stalmaker said they needed to be helped with getting dressed and were not able to cook for themselves. Mr. Cutright asked if there were any machines or IV drips. Ms. Stalmaker said if the patients needed that kind of care, the family transferred them to another facility. Mr. Cutright asked if the Rootstown Fire Department had inspected them. Mrs. Klusty said they have been and they are also inspected by the state without notification. She goes beyond what is necessary and has never been cited. Mrs. Milnes asked if the Zoning Inspector had seen the business and if everything was adequate. Mr. Mahood said he did not have to go. If it is Okayed, then they will have to supply information for the Township. Mr. Cutright asked if they had a concrete parking lot for the handicapped parking. You need so many parking spots to be ADA approved. Mrs. Klusty asked if it all had to be concrete. Mr. Cutright said it didn't, just a percentage of it from the Federal Government not the Township. Mrs. Klusty said most of the money received goes back into her home, which increases the value of homes in that area. She also keeps the Fire Department in business. Mr. Mills asked how she kept the Fire Department in business. Mrs. Klusty said when she calls for the paramedics and when the patients need to be transported to the hospital.
Mr. Cutright asked about the refuse. Ms. Stalmaker said the refuse was what everyone else had.
Mr. Mills asked what the square footage of the home and what was down stairs. Mrs. Klusty said the basement was finished. There were 2 1/2 baths. Mr. Mills asked if the garage was the same level as basement. Mrs. Klusty said it was. Mr. Mills asked what the garage was being used for (cars). Mrs. Klusty said it was for cars. Mr. Mills asked if any of the driveway and parking lot was paved. Mrs. Klusty said it wasn't. Mrs. Klusty said they were a family home and not a nursing home.
Mr. Cutright asked if any construction work had been done in the last ten years. Mrs. Klusty said the construction included a back porch, front porch, siding, windows, enlarged doorways and carpeting. Mr. Cutright said was this all with zoning permits. Mrs. Klusty said yes.
Mr. Cutright asked the audience if there were any questions, comments, or concerns.
Mr. Cutright swore in Matthew Kropp, 4836 New Milford Road, Ravenna, Ohio. Mr. Kropp thought they were already a business until they got the letter asking for CUP. He went on the web site and pulled up everything he could about appeals and variances. He started with chapter 640.07 BId. He said there were times when mattresses (smelling) were sitting outside. They are within ten feet of the property line. Mr. Cutright asked Mrs. Klusty (who was not interrupted while she was talking) to reframe from talking while Mr. Kropp had the floor. Mr. Kropp said he was the adjoining neighbor. He then referred to Section 310.10 A, B stating that the floor space being used as a business was almost 100% of the living space. He remarked that this was a full time job and not secondary. There will be no change to the outside appearance - the ramp would not have been there if not for the business and also the parking lot was enlarged. He said he moved into a residential area, a nice quiet residential area. It is not that anymore. There is a business next door to me. He doesn't want to be next door to a business.
There is a sign in the yard, which isn't allowed to be there because according to Section 420 D (free standing sign is not permitted in an R-l area). He referred to Section 390.02 B and that he had major problems with that. They roll dead bodies out. He has 8 and 12 year old girls and he doesn't want them to realize what is going on next door or having to explain it. Now that the door is open, this is my time to express my thoughts and feelings. He doesn't like what they have to see and smell and put up with. He showed the Board pictures he has taken of the business (ramp, sign, and the back yard).
Mr. Kropp referred to Section 390. He asked Mr. Mahood if he had gone on the property and seen it. Mr. Mahood said he could not go on anyone's property without his or her permission. Mr. Kropp said he could go on his property anytime. He showed the Board what was out the back. There are motorcycles in the back yard. He can't stand the noise and dirt any longer. He showed pictures of Mrs. Klusty's backyard. He referred to Section 390.02 E and said this did not improve his property value. Mr. Black said even if this was still a residential home, they could have the dirt bikes and track there. Mr. Kropp said that was not true. He referred to Section 230.01. Mr. Black said that wasn't what Mrs. Klusty was here for tonight.
Mr. Kropp referred to Section 390.04, which states you need two acres (they only have half that) and 150 feet frontage of which they only have 100 and the building setback needed to be 35 feet on the sides and it is only 8. The noises can be heard in my very easily.
Mr. Cutright swore in Lisa Kropp, 4836 New Milford Road, Ravenna, Ohio. Mrs. Kropp said she was outside with her kids and you could hear the patients saying help me get me out of here. She had to explain this to her kids and that the patients were okay and they were being taken care of. The kids had a hard time understanding that. She doesn't want to have to explain to her kids the deceased people coming out and being placed in cars.
Mr. Kropp said Mrs. Klusty has said the Fire Department is there a lot. The Fire Department doesn't charge for this; therefore this is an additional charge to the community. Sometimes they leave the trash out starting on Monday and add to it during the week. The cans sit down there for a couple of days a lot of the time. Mr. Kropp said landscaping shall be maintained and he referred to pictures he had shown the Board. There were recreational vehicles parked in the yard. This happens a lot and there are times when they have a lot of people there. Outdoor storage is only in the rear yard and that doesn't always happen (per pictures). There is an odor down by the road, which use to be a lot stronger. When he first moved in there, there was a ditch between the two driveways. Then a pipe was put in between the two driveways and the odor went away. Then the Township put a culvert between my driveway and theirs because we have a hill that the water runs down. He culvert has been covered over and now the smell comes out at another culvert. Either their septic system can't handle this or it is going down as gray water. But if it is going down as gray water, it should be changed. Mrs. Kropp said there were odors coming from the garage or their rooms.
Mr. Kropp referred to the dirt bikes and track and patients sitting on the deck and having to breathe the dust. Mr. Kropp said they couldn't enjoy their picnic table with all the dirt that comes over on their property. The noise and fumes are bad and as the kids grow the bikes get bigger and louder.
Mr. Kropp remarked about the woodburner in the garage and chimney. Mr. Kropp said they have call a few times about the noise in the garage.
Mrs. Kropp asked what was to keep the patients from roaming or getting into her yard. Mr. Kropp questioned how the patients would get out if there was a fire since 4 of them can barely walk. Mrs. Kropp remarked about the drum set and the loudness of it at two in the morning.
Mr. Cutright swore in Richard Carl, 4856 New Milford Road, Ravenna, Ohio. Mr. Carl said he was 300 feet away and the dust they were talking about if he had known there was a business in the area he would never have bought the home. He has only been there a year. He was a retired fire fighter and there is always something going on. At night, you can look out back and there is large fire burning.
Mrs. Esola made a motion to go into executive session at 8:30. Mrs. Milnes seconded it.
Mrs. Esola made a motion to exit the executive session at 8:55. Mrs. Milnes seconded it.
Mr. Mills commented that he had chaired this Board for a number of years and has sat on this Board for 34 years and 5 years elsewhere. Every once in a while you see him lean towards the chairman and that is strictly comment he made to help him in his new role as chairman. To help him along with experience and things he may let slip (when someone stands and starts to speak - don't forget to swear them in). 22 years sitting in that seat is enough.
Mrs. Klusty said the mattress was her son's and she apologized for it. She said she went to the neighbor's when they first moved in and was open with them. If there were any problems, bring them to her and she would try to resolve them. She did not realize the neighbors' felt this way about her. They got rid of the drum set. Unfortunately our house is more sound proof then others, we don't hear as much as others do. She has apologized for the noises. She just wished Mrs. Kropp would talk to her more.
Ms. Stalmaker said a lot of the things that were brought up; she didn't understand what they had to do with the business. The dirt bikes would be ridden even if there was no business there. As far as health issues go, plastic mattresses are used. Any mattress outside would be the families and not a patient's. Mrs. Klusty is looked at every year by the state and they don't know when they are coming. There are surprise visits from the state. She has never been written up for any violations. She has a very clean home. The garage is used for vehicles and nothing is being stored outside.
Back to the Board.
Mr. Cutright asked Mrs. Klusty if she had a documentation how the State of Ohio lists you. Mrs. Klusty said she had a license. Mr. Cutright asked if there was any documentation from the Rootstown Fire Department. Mrs. Klusty said the Rootstown Fire Department inspected her. Mr. Cutright asked if there was any documentation from the Health Department or any septic issues. Mrs. Klusty said they were upgraded about three years ago. Mr. Cutright asked if the State Fire Marshall had inspected her. Mrs. Klusty said she hadn't.
Resolution ZBA 2008-013. Mr. Mills made a motion that the request for a Conditional Use Permit (CUP) in the area from Sections.390.06 K 8 and 390.04-1 be denied for failure of not meeting the zoning requirements. Mr. Cutright seconded it. A vote was taken as follows: Mills - Yes Milnes - Yes Esola - Yes Cutright - Yes. The motion carried unanimously (4/0).
Last on the agenda was variance from Sections 410.12 A and 420.07 C to keep parking lot gravel and to keep existing sign post and a Conditional Use Permit (CUP) for a church located at 4454 Tallmadge Road in a V -C District submitted by:
John or Lillian Denning
5923 Tallmadge Road
Rootstown, OH 44272Mr. Cutright swore in John Denning, 5923 Tallmadge Road, Rootstown, Ohio. Mr. Denning made a remark that Mr. Mills was an atheist; which was denied. Mr. Denning said they were doing three things, gravel driveway, sign on existing pole, and permission for a church which has been having services there 6 months.
Mr. Mahood said there was currently a CUP permit (11121/06) for a rental ~ hall and auction house. No conditions.
Mrs. Milnes asked if was being used as a church now. Mrs. Denning said it was being used as a church. Mrs. Milnes inquired about the sign and who would be using it. Mrs. Denning said the church would be using it to show their hours of worship. Mrs. Denning said there would be a temporary sign for auctions, birthday parties and small wedding receptions.
Mr. Denning said there was an old 4 X 8 on the wall and they were instructed they could have a sign on the wall.
Mrs. Esola had no questions.
Mr. Mills asked what they had been doing in the building since they got their permit (Nov. 2006). Mrs. Denning said they had auctions and the church. Mr. Mills asked what the permit was for and what did they tell the Board they would be using the building for. Mrs. Denning said it was rental hall. Mr. Mills said in November the Board talked about the parking lot be paved. Mr. Denning said he would not be able to afford paving it. Mr. Mahood said all new businesses be paved or concrete. Mr. Mills asked if the Board had granted a variance form that requirement. Mr. Mahood said no. Mr. Mahood read the minutes of the November 2006 about the parking lot. Mr. Mills asked when the pole for the sign came down. Mr. Mahood said it was approximately 8 - 9 feet high and was still there on the west. Mr. Mills asked what was on the pole now. Mr. Mahood said nothing. Mrs. Denning showed the Board pictures.
Mr. Cutright stated that there was concrete for the handicapped parking. Mrs. Denning mentioned other businesses that did not have paved or concrete parking lots. Mrs. Denning stated that they were just trying to take a building and turn it into a valuable business.
Mr. Denning said the base had to be built up before they could b put in the asphalt. They would like to put a load of gravel in for now and then later have it paved.
Mr. Cutright asked the audience if there were any questions, comments, or concerns. There were none.
Mr. Mills said zoning requirements in the Ohio Revised Code says to grant a variance; it must be other than financial needs or wants. Mr. Denning said all the driveways there are gravel. Mr. Cutright said if the parking lots were there before zoning, it is out of their hands.
Resolution ZBA 2008-014. Mrs. Esola made a motion to grant the variance from Section 420.07 for the signpost from 6 to 8 feet. Mrs. Milnes seconded it. A vote was taken as follows: Milnes - Yes Esola - Yes Mills - Yes Cutright - Yes. The motion carried unanimously (4/0).
Resolution ZBA 2008-015. Mrs. Esola made a motion to grant the variance from Section 410.12 A to keep the parking lot gravel with the condition that in one year the parking lot is paved. Mrs. Cutright seconded it. A vote was taken as follows: Esola - Yes Milnes - Yes Mills - No Cutright - Yes. The motion carried by a vote of 3/1.
Mr. Cutright swore in Nellie Coffee, 4816 New Milford Road, Ravenna, Ohio. Mrs. Coffee asked who could rent the building. Mrs. Denning said anyone could rent it.
Resolution ZBA 2008-016. Mrs. Esola made a motion to grant the Conditional Use Permit (CUP) for a church with hours from 9 A.M. to 10 P.M 7 days a week as deemed necessary. Mr. Cutright seconded it. A vote was taken as follows: Milnes - Yes Esola - Yes Mills - No Cutright - Yes. The motion carried by a vote of3/1.
Mr. Mahood asked about food being there. Mr. Denning said they have the food catered but no food is being prepared there.
Mr. Armentrout had a question about the parking lot. Mr. Cutright told him that within one year the parking lot had to be paved or asphalt.
Resolution ZBA 2008-017. Mr. Mills made a motion to accept the minutes of the August 19,2008. Mrs. Milnes seconded. The motion carried unanimously (4/0). Mr. Cutright adjourned the meeting.
Troy Cutright, Chairman
ROOTSTOWN ZONING BOARD OF APPEALSMary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS