Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
January 17, 2006

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, January 17, 2006 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Roy Kelsey, Chairman
Patricia Saillant
Eugene Mills
Troy Cutright
Deron Boring

Those absent:
Alfred Friedl
Donald Reckner

Also in attendance:
Zoning Inspector, Jim Mahood
Assistant Zoning Inspector, Van Black
ZBA Secretary, Mary Ann Greer

Mr. Kelsey called the meeting order. Mr. Kelsey introduced the Board members and explained the evenings' procedures.

David Armentrout introduced the new ZBA Board member (Deron Boring) to everyone. He thanked the Board for their services during the past year. He said the state of the Township was pretty good. It was experiencing growth.

The first item on the agenda was an application for a variance asking for front and side setbacks and also a driveway setback for property located at 4708 Sundown Trail (Lot #47) in the Sandy Lake submitted by:

Roger & Meredith Berg
1084 Kevin Drive
Kent, OH 44240

Mr. Kelsey swore in Roger Berg, 1084 Kevin Drive, Kent, Ohio. Mr. Kelsey explained the agreement with the Sandy Lake Association. Mr. Berg said their property had a unique shape. They have spent maybe six months figuring out how to put a house on the property. The Sandy Lake Association about a month ago approved the plan. Mr. Berg said the variances needed were closest to the road which use to be a sand road, driveway right on the property line, and the corner of the house towards the south side will be about 2 feet from the association property. There is common land there.

Mr. Mills clarified the long-standing agreement with Sandy Lake Association. Mr. Mills said he some major problems with the request. He asked about the square footage and size of the house. Mr. Berg said the house had 2280 square feet. Mr. Mills asked about the driveway. Mr. Mills said the driveway would be touching easement (the right-of-way) of the 8" water line; which in terms comes to within 1 1/2 to 2 feet of the corner of the house. Mr. Berg said the water line would be about 8 1/2 to 9 feet from the corner of the house. Mr. Berg said he had Ken Ricks came out and showed him where the waterline was. Mr. Mills said plans at the county show it approximately 4 feet from the building. An 8" waterline has pretty good pressure. Mr. Mills said he very strongly disapproved of the driveway being on the lot line. Mr. Mills asked what was on the north side of the driveway. Mr. Berg said his neighbor's driveway was probably 2 feet off the line. There d will be about a 2-foot grass area by the driveway. Mr. Mills inquired as to what was on the property now. Mr. Berg said there was a summer cottage there for 55 years. Mr. Mills asked about the size of the cottage. Mr. Berg said it was about 2000 square feet. Mr. Mills stated Mr. Berg would be enlarging it and most of it would be on the first floor. Mr. Berg said that the growth of the square footage would be going to the back of the property. The new house would be pretty much in the same area. It would be about 3 feet farther north and about the same distance on the south side. Mr. Mills asked if the present cottage was approximately 15 feet from the property line. Mr. Berg said the new house would be moved about 3 feet.

There was a discussion on where the waterline was and how any work on it would be able to be done within 8 feet. Mr. Kelsey asked what was on the other side of the easement. Mr. Berg said Carl Mullen owned the property. Mr. Kelsey asked how close was the house on the south side. Mr. Berg said it was approximately 400 to 500 feet. Mr. Berg said they had the last house on that side.

Mr. Kelsey said the corner of the house was probably 12 - 15 feet from the waterline. Mr. Berg said the corner of the house and the garage would be within 8 1/2 to 9 feet of the water line. Mr. Kelsey stated that the house was not on easement. Mr. Berg said that was correct.

Mr. Cutright asked about the square shown on the drawing. Mr. Berg said that was a deck (12 x 8).

Mrs. Saillant had no questions.

Mr. Boring had no questions.

Mr. Mills inquired about the deck being built on 1/2 of the right-of-way. Mr. Berg said the Sandy Lake Association owns the land around the lake.

Mr. Mahood said he didn't catch the deck. Mr. Kelsey asked Mr. Berg if he had permission from the Association to build the deck on their property. Mr. Berg said that was correct.

Mr. Mills questioned the driveway being 0 feet from the property line on the north side but on the plan it looks to be a few feet away. Mr. Berg said when the driveway was drawn, it was drawn too close to house but he wanted to put it on the line. When Mr. Berg spoke to his neighbor, they asked about it being on the line. The neighbor's driveway is about two feet from the property line. Mr. Mills asked how old the neighbor's house was. Mr. Berg said the neighbor's house (Mehlferber) was about 4 to 5 years old.

Mr. Mills asked if the Fire Department could get in there. Mr. Berg said it would be better for the Fire Department then it is now.

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

Mr. Kelsey swore in Matt Jones, President of Sandy Lake Association. Mr. Jones said there was a member on their board of directors that was a former member of the Fire Department. He said they were fully aware of the plans. They had no concerns.

Mr. Kelsey reviewed the application

Resolution ZBA 2006-001. Mr. Kelsey made a motion to approve the application from Section 410.12-A. Mr. Saillant seconded it. A vote was taken as follows: Saillant - Yes Cutright - Yes Mills - Yes Boring - Yes Kelsey - Yes. The motion carried unanimously (5/0).

Mr. Mills commented that the Board has taken this under consideration recognizing that the Sandy Lake Association was there prior to zoning , registered in the State of Ohio as a substandard organization of lots and therefore partially prevented from some of the requirements of zoning. The substandard lots down there are taken under consideration in those divisions which can not be applied to any other lot or any other consideration in the township.

Resolution ZBA 2006-002. Mr. Mills made a motion to accept the minutes of the November 15, 2006 with the following change: page 3, 4th paragraph add "quasi" before judicial. Mr. Cutright seconded it. The motion carried unanimously (5/0).

Mr. Kelsey informed the Board members that they were going to be paid $25 per meeting this year and the chairperson would get $35 per meeting. The alternates have a standing invitation to attend all meetings.

The floor was open for election of officers.

Resolution ZBA 2006-003. Mr. Mills made a motion to keep the present officers. Mrs. Saillant seconded it. A vote was taken as follows: Boring - Yes Saillant - Yes Mills - Yes Cutright - Abstain Kelsey - Abstain. The motion carried by a vote of 3/0/2.

The Board discussed Mr. Moser's property on Tallmadge Road and the outside storage. Mr. Mahood is to send a letter requesting that Mr. Moser appear before the ZBA to review his Conditional Use Permit (CUP).

Mrs. Saillant made a motion to adjourn the meeting. Mr. Kelsey adjourned the meeting.

Roy Kelsey, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS