Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
October 18, 2011The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, October 18, 2011 at 7:00 P.M. at the Rootstown Town Hall.
Those present:
Troy Cutright
Patricia Saillant James Manion
Derek Ball
Jennifer Milnes
Ginny HamiltonThose absent:
Also 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 Section 350.05 B,1 for a setback of 12 feet off the property line off Broadway (which is a dead end street) for property located at 4824 South Prospect in a C-2 District submitted by:
William L. Darrah
P. O. Box 133
Rootstown, OH 44272Mr. Cutright swore in William L. Darrah, 3019 New Milford Rd., Atwater, Ohio. Mr. Darrah said that 4 years ago he and his son started a baseball/softball academy in Ravenna where they currently rent. They have outgrown it and since he has some property next to his auto repair facility which can t be used for anything. He would like to build a building there. He would like a variance of 12 feet off Broadway.
Mr. Manion asked about the 12 foot variance off Broadway. The back of the building or the side of the building is going to be how far from Broadway. Mr. Darrah said it was 8 feet. He talked to Mr. Mahood about that and there was a copy of different scenarios as to how the building would be positioned on the lot. Mr. Mahood suggested the one the Board was looking at because that one would need only one variance. The other plan would need two variances. Secondly it was suggested because Broadway is a dead end street.
Mr. Cutright swore in the Zoning Inspector, Jim Mahood. Mr. Mahood said the variance will be requested off the setback off Broadway. Looking at the plans, it is 25 feet off Wilson and 8 feet off Broadway. There were two other alternatives; there is less traffic on Broadway.
Mr. Manion said asked how far off Wilson was the existing business. Mr. Darrah said he believed it was 35 feet. This new building is going to be 10 feet north of the existing building. Mr. Manion asked if the buildings would be connected. Mr. Darrah said no, they would be as close as they could get them. Mr. Manion said the entrance to the academy would be off Wilson. Mr. Darrah said that was right; it would in the northwest corner.
Ms. Milnes inquired about the traffic on Broadway. Mr. Mahood said the traffic would go north (left) on Broadway.
Mr. Ball had no questions at this time.
Mrs. Saillant asked about the hours of operation. Mr. Darrah said that the hours they had right now (he doesn t see them changing) were Monday thru Friday 5 P.M. to last class starts at 8. P. M. and they were usually out by 9 P.M. on Saturday they were open 8 A M to 7 P.M. and on Sunday 1 P. M. to 5 or 6 P.M.
Mr. Mahood stated that the hours of business had nothing to do with the variance.
Mr. Cutright asked Mr. Darrah if he would have a problem being a little further away from Broadway to cut down the percentage. Mr. Cutright stated that the Broad likes to stay within 30% and if granted now it would be 60%. Mr. Cutright asked if it would be possible to ask for an 8 foot instead of a 12 feet variance. Mr. Darrah said they were going to have pitching mounds in there that have to be 60 feet(from pitching mound to home plate) and in back of the pitching mound ; there has to be 3 feet of working area and behind home plate there has to be an area to put the nets up. That is why the dimensions are the way they are. To lose a couple of feet at this stage of the game would be pretty difficult. There were other options and that was to set the building north and south but then they would need 2 (5 feet) variances. Mr. Cutright asked if there were other options besides Plan A, Mr. Darrah said this was the plan that he and Mr. Mahood had decided would be the best.
Mr. Manion asked if it was possible to move the building 10 feet south; you would be lining it up with the existing building but then you would be only 10 feet from the back property. This would require another variance. Mr. Darrah showed the Board the other options.
Mr. Cutright asked the audience if there were any questions, comments, or concerns.
Mr. Cutright swore in Glenda Ney, 4022 South Prospect. Mrs. Ney asked how close was the building going to be to the property line. Mr. Cutright showed her the plan. Mr. Cutright asked what the distance from the existing building to the back property line was. Mr. Darrah said it was 20 feet.
Mr. Cutright swore in Becky Blankenship, 4220 Wilson. She asked if a driveway was coming out on Broadway and where it would be. Mr. Cutright said the driveway would be off Wilson. Mr. Mahood said he suggested moving the building closer to Broadway that way there was no traffic going down Broadway. Ms. Blankenship inquired about what business was going in there. Mr. Cutright said it was a recreation/sports business. Mr. Darrah said they taught baseball, hitting, pitching and fitness to 6 to high school age students. The existing business would be used for some of the parking and there would be some spaces with the new building.
Mr. Cutright said the parking would be covered under the Conditional Use Permit; right now they were doing the right-of-way off Broadway.
Mr. Manion asked looking at 1st Plan could it be moved 10 feet south. Mr. Darrah required that would require an additional variance. It doesn t matter how it sits on the property.
Mr. Cutright asked if this property was grouped with the existing property or are they still 30 x 120. Mr. Darrah said yes and no. he did go to Regional Planning; when he had the building built 10 years ago. He submitted a request to have it all grouped as one piece of property. They did all of their work. He was down there a couple of weeks ago and was told they could run it through. The Mylar is signed but not turned in but he was waiting until after this meeting.
Resolution ZBA 2011-015. Mr. Manion made a motion to grant the variance for a setback of 12 feet off the property line off Broadway from Section 350.05, B, 1. Mrs. Saillant seconded it. A vote was taken as follows: Saillant No Milnes - No Manion - Yes Ball - Yes Cutright - Yes. The motion carried by a vote of 3/2.
Next on the agenda was the application for a Conditional Use Permit from Section 350.03 G, 4 for a membership /sports fitness business for property located at 4824 South Prospect Street in a C-2 District submitted by:
William Darrah
P. O. Box 133
Rootstown, OH 44272Ms. Milnes inquired about the parking along side of building on Wilson. Mr. Darrah said he would use the parking by the existing business. Mr. Cutright said the hours of operation were overlapping a little bit. We did the math and they came up with 32 to 33 spots that Mr. Darrah has currently on the map. The times of business would overlap on Saturday. Mr. Cutright asked how the parking would be handled then. Repair the Glass probably needs 7 spots. Mr. Darrah said they were a little short on parking. Most of the Saturday business is oil changes, so they come in and come out. Secondly their main business for the sports center, is going to be a 12 month a year business. There won t be a whole lot of need for any additional parking with respect to the glass shop on those Saturday mornings. Mr. Cutright asked about the double stack parking and was that in front of the bays. Mr. Darrah said they wouldn t be able to do that on Saturdays. Mr. Cutright asked how would on street parking be handled. Mr. Darrah said he didn't know if that was legal or not. He has seen street parking there before.
Mrs. Saillant asked if he would be adding more lighting. Mr. Darrah said the lighting from the present business was sufficient but he might put a light on the south side if necessary. Mrs. Saillant asked what was the most people that would be in the academy at any one time. Mr. Darrah said their classes run between 6 to 14 kids. Mrs. Saillant asked how many classes there were at one time. Mr. Darrah said there was one class at a time. There is a possibility they could have two small classes at one time. Saturday classes are a little smaller because of being more advanced.
Mr. Ball asked how long the classes were. Mr. Darrah said they were 55 minutes.
Mr. Manion asked how many parking spaces at the Ravenna location. Mr. Darrah said 21 to 22. Mr. Manion asked about the size of the current building. Mr. Darrah said it was smaller than the one proposed.
Mr. Cutright asked the audience if there were any questions, comments, or concerns.
Mrs. Ney asked about the noise that would be coming from the proposed building. Mr. Darrah said he had options of 3 to 6 inches of insulation for the walls . he would be using 6 inches and he thought the noise would not be a factor. Everything is inside. There won t be any outside activity at all. Mrs. Ney inquired about the sewer and water. Mr. Darrah said the sewer was there so they would hook into that and they would hook into the water.
Mr. Cutright asked Mr. Mahood if there were any concerns with the business that was there. Mr. Mahood said no. Mr. Mahood referred to the Zoning code book Section 410.06 on parking spaces. Mrs. Ney said parking on Wilson and Broadway would be hard since those streets are narrow. Mr. Cutright said they could put conditions on the CUP by following the Zoning code book. Mr. Darrah said they have had 3 years of experience and most of the time the kids come 2 to 3 per car.
Mr. Cutright swore in Jerry Boso, 4156 Summit Road. Mr. Boso asked how much common space was there. Mr. Darrah said the common space would be 75 x 75 feet. Mr. Boso stated there would be two bathrooms and an office. Mr. Darrah said that was right. There would also be a waiting room.
Mr. Cutright asked Mr. Darrah if he had any problems with adding screen to the south property line. Mr. Darrah said he could possibly have a fence. They could do that. Mr. Cutright mentioned the screening could be pine trees or fencing. Mr. Darrah said he had one comment, on the south property which is owned by someone else, there will be trees existing there. On the west side they could do a fence or trees.
Ms. Blankenship asked if all the trees on Broadway were coming down. Mr. Darrah said all the trees on his property would be coming down. She asked about the front of the building. Mr. Darrah said the entrance would be on the northwest corner of the building facing Wilson.
Mr. Darrah said their hours may decrease because there will be more space. Saturday and Sunday hours may be downsized.
Resolution ZBA 2011-016. Mrs. Saillant made a motion to grant the Conditional Use Permit (CUP) from 350.03 G, 4 with the following conditions:
- Parking meets the code(required to have 33 spaces or 70% of the req'd spaces which would be 23
- Hours no later than 10 P.M.
- Screening must meet the code on the south and west sides.
Mr. Darrah asked if on the screening he could get with Mrs. Ney. The Board said that would be okay. Ms. Milnes seconded the motion. A vote was taken as follows: Milnes Yes Manion - Yes Ball - Yes Saillant - Yes Cutright - Yes. The motion carried unanimously (5/0).
Resolution ZBA 2011-017. Mrs. Saillant made a motion to accept the minutes of September 20, 2011 meeting. Mr. Ball seconded it. The motion carried unanimously (5/0).
Mr. Mahood informed the Board about a workshop in Cleveland and that the township would pay for it.
Mrs. Saillant made a motion to adjourn the meeting. Ms. Milnes seconded. All ayes. Mr. Cutright adjourned the meeting.
Troy Cutright, Vice Chairman
ROOTSTOWN ZONING BOARD OF APPEALSMary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS