Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
September 20, 2011

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, September 20, 2011 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright
Derek Ball
Patricia Saillant
Jennifer Milnes
James Manion
Ginny Hamilton

Those absent:

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.

Mr. Cutright swore in the following people:

R. J. McCullagh, 606 Fair NW, New Philadelphia, Ohio, 44663
Bruce H. Ahrens, 2638 Sandy Lake Road, Ravenna, Ohio 44266
John Kuhar, 5751 Glad Blvd., Kent, Ohio 44240
Frank Papiska, 2244 Lynn Road, Kent, Ohio 44240
Carol Foote, 4104 E. Main Street, Kent, Ohio 44240
Patricia Mazanek, 4585 Broadway St., Ravenna, Ohio 44266
Gene Mills, 3111 Bird Drive, Ravenna, Ohio 44266
Jerry Boso, 4156 Summit Road, Ravenna, Ohio 44266
Judy Thompson, 4850 South Prospect, Ravenna, Ohio 44266
Earl Thompson, 4850 South Prospect, Ravenna, Ohio 44266
Donovan Hysell, 4882 South Prospect, Ravenna, Ohio 44266
Bill Billock, 3315 Tippecanoe, Ravenna, Ohio 44266
Jim Mahood, Rootstown Zoning Inspector

The first item on the agenda was an application for a variance to replace the existing cottage with a house from Section 310.04, D for property located at 4732 Sundown Trail (Sandy Lake Inc.) in an R-2 District submitted by:

R.J. & Susan McCullagh
606 Fair Avenue, NW
New Philadelphia, OH 44663

Mr. McCullagh said there was an old cottage on the narrow lot and they would like to replace it with a new house. It would be somewhat larger and longer.

Mr. Manion stated that this application had been approved by the association.

Ms. Milnes had no questions.

Mr. Ball had no questions.

Mrs. Saillant said the new house was 2 to 3 feet off the property line on one side. She then inquired as to how far the new house would be off the other property lines. Mr. McCullagh said they were very close on one side due to the angle of the house.

Mr. Cutright asked how close they would be to the neighbors. Mr. McCullagh said on one side it was 10 feet and on the other side it was 6 feet.

Mr. Mahood stated that in that area you can't go by the rules.

Mr. Cutright asked the audience if there were any questions, comments, or concerns. There were no questions or comments.

Resolution ZBA 2011-011. Mr. Manion made a motion to grant the variance for a new house with the old cottage being torn down from Section 310.04, D recognizing that this in the Sandy Lake Inc., one of three lake area developments in which we deal with an agreement which we have a copy on file recognizing that the property owner is of one person none of these properties have a true lot of record therefore it requires the owners approval before coming to the Zoning Board of Appeals. Ms. Milnes seconded it. A vote was taken as follows: Milnes - Yes Manion - Yes Saillant - Yes Ball - Yes Cutright - Yes. The motion carried unanimously (5/0).

Next on the agenda was an application for a variance for a setback off Wilson and Broadway from Section 350.05, 2, A for property located at 4838 South Prospect Street in a C-2 District submitted by:

Boso Rentals
4256 Summit Road
Ravenna, OH 44266

Mr. Boso said he wanted to attach an addition to the back of the building. The new addition would be 40 x 84 feet. He was asking for a variance off of Wilson and Broadway.

Mr. Manion had no questions.

Ms. Milnes asked if the 35 feet off Broadway was from the middle of the road. Mr. Boso said it was 70 feet from the middle of the road.

Mr. Ball had no questions.

Mr. Cutright stated if was 35 feet off Broadway and 21 feet off Wilson.

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

Mr. Cutright showed Mrs. Thompson the new plan.

Mr. Mahood said he had been working with Mr. Boso and the Prosecutor's office on setback lines because he has frontage on all 3 roads. He basically does not have a side property; therefore you have to look at the mailing address which is S. Prospect Street (Broadway and Wilson are considered the sides). The Zoning Code states that the side rear line that is not adjacent to non-residential is only 20 feet. The building off Wilson is only 21 feet and the building off Broadway is 35 feet.

Mr. Cutright explained the use of the building and if it is not in the book he would have to come before the Board again. Mrs. Thompson asked what was allowed. Mr. Mahood read the various uses allowed from the Zoning code book.

Mr. Thompson inquired as to the building being attached to existing building. He was shown the plans. Mr. Thompson asked about the hours of operation. Mr. Mahood said he couldn't tell that until a business goes in.

Resolution ZBA 2011-012. Mrs. Saillant made a motion to grant the variance from Section 350.05, 2, A. Mr. Manion seconded it. A vote was taken as follows: Manion - Yes Saillant - Yes Milnes - Yes Ball - Yes Cutright - Abstain. The motion carried by a vote of 4/0/1.

Last on the agenda was a Conditional Use Permit (CUP) for a used vehicle sales dealer from Section 350.03, E, 5 for property (vacant land) located on 4938 St. Rt. 44 between the flower shop and the restaurant in a C-2 District submitted by:

Frank A Papiska
2244 Lynn Road
Ravenna, OH 44266

Mr. Papiska said he wanted to open a used car lot and put up a building. He has had one in Brimfield since 1988. This one would have nicer cars above $3,000.

Mr. Kuhar said as far as the building structure (1200 square feet, one story). There would be an antique brick on the front and there would be concrete aprons. The building would have restrooms. There will be a small flower bed in front with a small fenced area for the trash. The traffic flow is fairly slow in this type of business. They get about 3 to 5 a day. The building will positioned 20 feet of the south property line and 70 feet off the road right-of-way and try to line the building up with other structures that are there.

Mr. Manion asked if it would be auto sales only; no auto repair there. Mr. Papiska said there would be no auto repair there just on the cars he was selling. Mr. Manion asked where the car lot in Brimfield was located. Mr. Papiska said it was at the corner of Howe and St. Rt. 43.

Ms. Milnes had no questions.

Mr. Ball asked about how many cars he intended to have on the lot. Mr. Papiska said there would probably be between 20 and 30. Mr. Ball asked what the business hours would be. Mr. Papiska said right now on the lot he has they are M -W - S 9 to 6. There a sales person that comes in and works the off days. It won't be passed 6 P. M.

Mrs. Saillant asked if he was going to work Monday, Wednesday and Saturday 9 to 6. Mr. Papiska said he would be open on the new property 5days and working 9 to 6 (Monday thru Friday).Mrs. Saillant asked about the parking for customers.

Mr. Mahood said the parking would be well within the requirements. There is no showroom or any bays.

Mrs. Saillant said she only asked because the parking was not marked. Mrs. Saillant asked what the parking lot would be made out of. Mr. Kuhar said they would like to have limestone with aprons made of concrete off the highway and pads of concrete in front of doorway. There would be a sidewalk.

Mr. Cutright asked if there was going to be a fence. Mr. Kuhar said none right now except where the trash would be. They would prefer to use landscaping for fencing if possible.

Mr. Cutright asked the audience if there were any questions, comments, or concerns. There were no comments of questions.

Mr. Mahood said they had spoken about the possibility of chip and seal material. He is open to that. Mr. Kuhar said the only draw -back of the chip and seal is the run off of oil which is better in limestone.

Mrs. Saillant asked how far back the vehicle display would be from the right-of-way. Mr. Kuhar said it would be 20 feet off the road right-of-way and there would be a green area.

Mrs. Saillant asked about the sign. Mr. Mahood said the signage would be decided at a later date.

Resolution ZBA 2011-013. Ms. Milnes made a motion to grant the Conditional Use Permit (CUP) for used car sales from Section 360.03, E, 5. Mr. Ball seconded it. A vote was taken as follows: Ball - Yes Milnes - Yes Manion - Yes Saillant - Yes Cutright - Abstain. The motion carried by a vote of 4/0/1.

Resolution ZBA 2011-014. Ms. Milnes made a motion to accept the minutes of August 17, 2011 meeting. Mrs. Saillant seconded it. The motion carried unanimously (5/0).

Mr. Cutright adjourned the meeting.

Troy Cutright, Vice Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS