Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
October 20, 2009

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, October 20, 2009 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright, Chairman
Jennifer Milnes
Eugene Mills
Patricia Saillant
Deron Boring
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 for a variance for a detached accessory building (24' x 28' garage). The proposed location would provide a 34' setback from the street right-of-way instead of the 70' required by zoning. Property is located at 2857 Tallmadge Road (Parcel No. 32-045-00-00-012-000) in an R-1 District. Application submitted by:

Darren Rowe
2857 Tallmadge Road
Rootstown. OH 44272

Mr. Cutright swore in Darren Rowe, 2857 Tallmadge Rd. Mr. Rowe said he would like to add a garage with a room above it with a bath. The addition would be used for cars only. The upstairs room would be used for the grandkids. There was a well and wet lands on the eastern side of the property. He showed the Board pictures.

Mr. Mills questioned the length (403 feet) and width (250 feet) of the property. Mr. Rowe said that was the dimensions. Mr. Mills asked what was the hardship since a variance is not granted for financial gain. Mr. Rowe said his plans were when he moved out to partition the garage so each side of the duplex would have a garage. Mr. Mills asked if the pond was on Mr. Rowe's property. Mr. Rowe said it was. Mr. Rowe said it was not a pond but wetlands. Mr. Mills stated that the pond/wetlands that he had known for forty years was on the other property. Mr. Rowe said it was in both of the properties. Mr. Mills asked what the distance was between the stake and the pond. Mr. Rowe said it was about 40 - 45 feet. Mr. Mills asked what was the drawback to putting the garage to the rear of the property. Mr. Rowe said if it was in the front it would be accessible to both duplexes and the septic and lines were behind the house. Mr. Mills asked why not attach it to the duplex. Mr. Rowe said there was a well there and there were wetlands.

Mr. Boring asked how far from house was the property line. Mr. Rowe said it was 14 ft. Mr. Rowe showed Mr. Boring where the wetlands were located.

Mrs. Milnes asked if he was aware of the wetlands when he purchased the property. Mr. Rowe said he was. Mrs. Milnes asked about the walls and the height of the building. Mr. Rowe said the walls were 8 foot and the building would be 13 feet high.

After a discussion among the Board, it was suggested that the garage be moved slightly. Mr. Mahood stated the well was east of the duplex on the right corner.

Mr. Cutright passed a paper with changed measurements. Mr. Boring said this would make the request for an 8-foot variance instead of 34 feet. Mr. Mahood said there needed to be 20 feet from the building to the duplex.

Mr. Cutright asked the audience if there were any questions, comments, or concerns. There were none.

The Board reviewed the new location for the garage. Mr. Rowe said he might rotate the building a little more to get it further from the road.

Resolution ZBA 2009-010. Mr. Boring moved that the Board accept the variance as amended with corrected diagram under Section 310.05 (1), building must be 62 feet from the right-of-way and must be 20 feet of separation between the home and the garage move that due to the special circumstances due to the septic, well and wetlands on his property, that this variance be granted. Mrs. Saillant seconded it. A vote was taken as follows: Saillant – Yes Milnes - Yes Boring - Yes Mills - Yes Cutright - Yes. The motion carried unanimously (5/0).

Next on the agenda was an application for a variance from Section 310.05 D, 1, 1 for a front yard setback of 35' along New Milford Road side for property located at 4792 Jennifer Ave. (Parcel No. 32-010-10-00-032-000) in an R-2 district submitted by:

Carl Wiesen
4797 Jennifer Dr.
Rootstown, OH 44272

Mr. Cutright swore in Carl Wiesen, 4797 Jennifer Drive and Janet Rusanowsky, 1675 E. Main Street, #205, Kent, Ohio 44240. Ms. Rusanowsky said Mr. Wiesen wants to add on a first floor bedroom suit and a covered ramp in order to bring his wife home from the nursing home where she is now. Mr. Wiesen's home is located on a corner lot, which makes it have 2 front yards. The addition that is being proposed, would put the ramp along side the existing garage. This would give them access both from the garage and driveway. She showed the Board a diagram and said it would look nice and is in scale with other homes. Mr. Wiesen said this was a two-year dream for them.

Mr. Mills asked if it was all enclosed. Ms. Rusanowsky said the entry hall into the house would accommodate a wheelchair. The ramp is approximately 27 feet.

Mrs. Milnes asked if the siding would match the house and not change the character of it. Ms. Rusanowsky said it would match since the house is only 5 years old. Mr. Wiesen said the may be slightly off in color due to that being the sunny side.

Mrs. Saillant had no questions.

Mr. Boring asked about a railing. Ms. Rusanowsky said the ramp would be covered.

Mr. Cutright asked the audience if there were any questions, comments, or concerns. There were none.

Mr. Mills stated the application was for a variance and a variance goes with the land perpetuity (forever) and this must be a hardship that is not financially related. Mr. Wiesen said it would be so he could get his wife back home and not in the nursing home where she has been for four years. Ms. Rusanowsky said it was a corner lot with two front yards instead of two side yards.

Resolution ZBA 2009-011. Mrs. Saillant made a motion to grant the request for a variance from Section 310.05 D, 1, B. Mrs. Milnes seconded it. A vote was taken as follows: Saillant - Yes Milnes - Yes Boring - Yes Mills - Yes Cutright - Yes. The motion carried unanimously (5/0).

Resolution ZBA 2009-012. Mr. Mills made a motion to accept the minutes of September 15, 2009 meeting. Mrs. Milnes seconded it. The motion carried unanimously (5/0).

Mr. Mahood reminded the Board of a workshop on November 13th in West Lake and that the Trustees would pay for them to attend it. Mr. Mills said they were very educational. Mr. Mahood brought the Board up to date about the lot being paved at the church on Tallmadge Road. Mr. Meduri will notify him.

A discussion was held on the Bonnie sign on New Milford Road.

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

Troy Cutright, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS