Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
February 19, 2008

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, February 19, 2008 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright, Chairman
Eugene Mills
Patricia Saillant
Deron Boring
Jennifer Milnes

Those absent:
David Harmon
James Manion

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

The Secretary, Mary Ann Greer, called the meeting to order. She opened the floor for nominations for chairperson.

Resolution ZBA 2008-001. Mr. Mills nominated the existing officers (Chairperson - Troy Cutright and Vice Chairperson - Deron Boring) to serve again. Mrs. Saillant seconded. A vote was taken as follows: Saillant - Yes Mills - Yes Cutright - Abstain Boring - Abstain. The motions passed by a vote of 2/0/2.

The meeting was turned over to Troy Cutright. Mr. Cutright introduced the Board members and explained the evenings' procedures.

David Armentrout, Trustee, who is the liaison with the zoning department, introduced the new members of the ZBA. Jennifer Milnes, alternate, who was present, James Manion, alternate who was unable to attend the meeting. The regular new member, David Harmon resigned. He said the Trustees would have to determine what they would do about the vacancy.

Mr. Armentrout said for the benefit of those who haven't been here before, they are missing one of our more senior members, Dr. Al Friedl who had served for many years in many capacities in the community and he was not re-appointed for this year. Do to his seniority and his abilities, the Trustees did ask if he would still be an on board consultant to the Zoning Board of Appeals. Mr. Armentrout brought the Board up-to-date on the Zoning Commission. He then passed out data for running a meeting and minutes. He also passed out a paper with what the Trustees were working on. There will be a joint meeting on March 10th at 6:30. Portage County Regional Planning is trying to get the whole county on the same page. They will be looking for more money to maintain their work. He thanked the Board again and said it would not get any easier as time goes on. There is also a seminar at Robinson Memorial Hospital on March 29 from 8:30 A.M. to 12: P.M.

Mr. Cutright asked Jennifer Milnes to sit in with the Board members. Mr. Cutright said he would like to give his heartfelt appreciation to Dr. Friedl who helped the Board. Mr. Cutright said the Board members counted on him for many things.

The first item on the agenda was an application for a variance from Sections 350.08-B-1, 410.00, and 420.06-A-4 to continue current set back from parcel line of existing parking for a new thruway and additional, to have a total of fifteen parking stalls, and installation of a sign at the edge of current set back of existing parking for property located at 4292 Tallmadge Road in a V-C district submitted by:

Dean Abbe
P. O. Box 32
Rootstown, OH 44272

Mr. Cutright swore in Dean Abbe, 3501 Sanford Rd. Mr. Abbe said he was the owner/operator of Caporaletti's Pizza. They are currently looking to relocate in Roy Richard's property, 4289 Tallmadge Road. He was asking for the variances for parking that 15 spots be the minimum and that they continue the existing parking that is on the front of Roy's property that is already installed in front of the building. The other variance is the sign that would be on the west side of the building and close to road, which is going to just off the parking that is currently there. The sign would actually be smaller than what Rob Dillon has (East of Chicago). Mr. Abbe gave the build some current pictures of the property.

Mr. Boring asked if Mr. Abbe would be the only person occupying the building and if there would be any sit down eating in the building. Mr. Abbe answered that he would be the only business in the building and the business was a carry out and delivery only.

Mrs. Saillant inquired about the hours of business. Mr. Abbe said the hours would be pretty much the same as now (Monday thru Thursday 4:00 P.M. to 9:00 P. M. maybe 10:00 P.M. Friday, Saturday and Sunday 11:00 A.M. to 10:00P.M. maybe 11:00 P.M.). Mrs. Saillant asked how many employees would be there working full time. Mr. Abbe said they currently have no full time only 11 part time employees. Mrs. Saillant inquired as to how many employees would be there at one time because they would be taking up parking spaces. Mr. Abbe said there could be 9 there, which included the delivery people.

Mrs. Milnes asked about parking in the back. Mr. Abbe said it was more profitable to have the parking in front and on the side of the building than in the back. If the parking were in the back, you would be paving over more grass. It would be possible but he felt it would be safer for the customers and employees to stay closer to the building.

Mr. Mahood said when he and Mr. Abbe were going over the plan; they wanted the variance for the 70% rule due to the fact there is the possibility to expand parking in rear if need be. Mr. Mahood said he classified it as restaurant counter service as the only use in a free standing building which required of a minimum of 20 spaces for one space for every 50 square feet of the building size and with doing the math the 70% came out to 15 spaces.

Mr. Mills asked if the parking spots meet the specs. Mr. Mahood said they were 9 x 18 feet. Mr. Mills asked about angle parking. Mr. Abbe said with angle parking you have to have a go around. Mr. Mills inquired about the 3 items in the back. Mr. Abbe said they were dumpsters. Mr. Mills asked how was the truck going to get back there to empty them. Mr. Abbe said they earliest they open is 11:00 A.M. and the truck for trash came when no one was there. Mr. Mills said the lot was 83-foot frontage. Mr. Abbe said it was 80 feet. Mr. Mills asked if he was the owner of the building or renting it. Mr. Abbe said the plan was to purchase it from Mr. Richard's. Mr. Mills remarked about the 9 employees and 1 delivery car. Mr. Abbe said on Friday night there were 2 delivery vehicles and 7 employees inside. Mr. Mills asked if 5 spaces were enough for the customers on a typical Friday/Saturday night. Mr. Abbe said that would be plenty of parking spaces but if business required more parking spaces they would just have to add more spaces. Mr. Abbe said the average customer stays less than 5 minutes. He did not think it would be an issue at all. Most of their customers now come in through the back door now and there are only 4 spaces. Mr. Mahood said the parking spaces were 9 x 20.

Mr. Mills asked about the Sunday hours. Mr. Abbe said they were 11:00 A.M. to 11:30 P.M. We could close earlier if business is slow. Mr. Mills asked what had to be done to the building to be ready for business. Mr. Abbe said a city sewer has to be installed, a grease trap and basically interior modifications. Mr. Mills inquired if it was city water or well. Mr. Abbe said there was city water there. Mr. Mills asked if all the areas were to be paved or gravel. Mr. Abbe said the plan called for gravel with black top over it. Mr. Mills asked Mr. Mahood if this area was in the V-C district. Mr. Mahood said it was.

Mr. Mahood made the Board aware of the easement (50ft) of the Township, which went back to the old cemetery. The trees go right down the middle of the easement. Mr. Mahood discussed this easement with the Trustees. The Trustees said it was acceptable with the black top as long as there was no obstruction to get to the cemetery. That entrance is not used now, they come off of West Avenue.

Mr. Cutright inquired about the sign size. Mr. Abbe said it would not be any bigger than Rob Dillon's (East of Chicago). Mr. Mahood said it was legal size. Mr. Mills asked how far back the sign was from the right-of-way. Mr. Mahood said it was going to be off the right-of-way by approximately 2 feet. Mr. Cutright asked if Mr. Abbe would be putting a sign on the building. There will be a sign on the building.

Mr. Cutright inquired about the lighting for the parking lot. Mr. Abbe said they would per putting in lighting for safety reasons. His plans were to put in wall type lighting, 2 in front and 2 in back. Mr. Mills asked if the lighting would be downward and not shine in residential homes. Mr. Abbe said it would be similar to Dollar General. Mr. Abbe said if he had to put parking in the back, there would be free standing light poles. Mr. Mills said there was some new lights out that would shine about 4 houses down. Mr. Mills said the point of asking was so it would be on record.

Mr. Cutright remarked about a fence around the dumpster to comply with zoning. Mr. Abbe said he wasn't aware that a fence needed to be around dumpsters. Mr. Mahood said the dumpster needed to be screened. Mr. Mills said to watch the eastside.

Mr. Cutright stated that more parking could be put in if needed.

Mrs. Milnes asked what a buffer zone would be between the parking and the cemetery. Mr. Abbe said the cemetery sits way back from the business.

Mr. Cutright asked if there were any drainage issues. Mr. Abbe said the drainage would not be anymore than what was already there.

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

Mr. Cutright swore in Samuel J. Smith, 4280 Tallmadge Road. Mr. Smith said he lived on the west side of the business. He said that through his front door he could pretty much see any lighting on the building. He asked about the sign and if the Rootstown cemetery sign would stay. He also asked where the new sign would be located. Mr. Abbe said the sign would be 16-18 feet from Tallmadge Road. Mr. Smith asked about the sanitation and drainage. Mr. Cutright said the sanitation would be the County hookup. Mr. Smith said he might see the trash (not screened in or fenced in). Mr. Smith said there was already a drainage problem now. Mr. Abbe said nothing would change anything. Mr. Cutright said Mr. Abbe wanted to keep as much green as possible. Mr. Abbe said the runoff would not change. Mr. Smith said if there was a change/problem, what could he do. Mr. Cutright told him to talk to Mr. Abbe. Then he could go to Mr. Mahood. Mr. Mahood would then go through Portage County. Mr. Abbe said they couldn't tie into the storm drain because it was located at a high level. Mr. Smith said he was under the impression that there was clay tile line through there. Mr. Smith said there would be continuous movement right next to his property, and he was concerned about people going behind the building. He would like to see a screen of some sort put between the properties. Mr. Mills said that that question was tough to answer because of the ownership of the property. Mr. Abbe has been given a verbal approval by the Township to incorporate for "usage problem" but not having ownership to do anything with it. Mr. Mills said he thought one would have a to go on a little bit of faith and in the event it happens "turfing up yard" contact Mr. Mahood, then the Township. Mr. Abbe said most of the customers would be up front. Mr. Mills said if this would happen, he was sure the Trustees would be willing to take steps to stop it.

Mr. Cutright swore in Carol Ralston, 4315 Tallmadge Road. Mrs. Ralston said she has known Mr. Abbe for a long time. She used the back door and his dumpsters are always clean with no fence around them. Mrs. Ralston said she had no problem with the lighting issue. They just put up a new street light on the corner of Seifer and it does not bother her at all. She has no concerns with the extra traffic. Mr. Cutright said there would be a little bit of change because Roy's business was daytime and this would involve the evening.

Mr. Cutright went back to the board.

Mr. Mills asked about the construction of the sign. Mr. Abbe said the sign would be made basically out of aluminum. Mr. Mills asked if there would be a problem with the drivers coming and going. Mr. Abbe said that was why the sign was set back so far.

Mrs. Saillant asked how tall the sign would be. Mr. Abbe said it would be tall enough to be seen by traffic. Mr. Mahood said it could be 6 feet high and 20 square feet. Mr. Cutright inquired about the deliveries. Mr. Abbe said all food deliveries would be made before opening.

Mrs. Ralston stated that Conlift had their yard turfed and she has had her yard turfed also. This happens.

Resolution ZBA 2008-002. Mr. Boring made a motion to grant the variances under Section 350.06-B-1 to continue current set back from parcel line of existing parking for a new thruway and additional, 410.06 to have 15 parking stalls, and 420.06-A-4 installation of the sign at the edge of the current set back. Mrs. Saillant seconded it. Mr. Mills added the following condition: with private property and Township property, he would like a letter of agreement from Township Trustees for the use of that right-of-way. Mr. Mahood stated that the black top was on Mr. Abbe's property but not on the Township's. A vote was taken as follows: Saillant - Yes Mills - Yes Milnes - Yes Boring - Yes Cutright - Yes. The motion carried unanimously (5/0).

Resolution ZBA 2008-003. Mr. Mills made a motion to accept the minutes of the December 18, 2007. Mr. Boring seconded it. The motion carried unanimously (4/0).

Mr. Cutright adjourned the meeting.

Troy Cutright, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS