Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
February 20, 2007

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, February 20, 2007 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright, Vice Chairman
Eugene Mills
Patricia Saillant
Deron Boring
Michael Finan
Darrell Wayt

Those absent:
Alfred Friedl

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.

David Armentrout, Trustee, addressed the Board. He said Deron Boring was the newest member serving on the Board and he would like to thank him. He introduced the two new alternates for the ZBA, Michael Finan and Darrell Wayt. He recognized Rev. Kelsey for all the work he has done as a Board member. He said a meeting was in the works for all Board members and the Trustees.

Mr. Armentrout said the Trustees had agreed to purchase 17 acres of land from Mr. Englehart that is adjacent to the land they had bought a couple of years ago. Both of these properties butt the 10 acres of woods that the Township has. Mr. Armentrout said they had met with Mr. Meduri about Portage Salt and Supply but nothing came of it. It looked like it might go to court. Mr. Armentrout said he was the representative for the community to the Portage County Regional Planning Commission. There are two things going on there; 1) a definition of an original tract and 2) drainage.

The first item on the agenda was an application for a variance from Sections 310.05-1, 13 and 310.05-2, 3 for a setback from road and a setback on the north side of the house for property located at 4736 Melverta Drive in a R-2 District submitted by:

William G. & Mary Lou Darrah
P. O. Box 21
Randolph, OH 44263

Mr. Cutright swore in Susan White, 1786 Stepping Stone Trail, Atwater, OH 44201, representing the Blake's. Ms. White said the Blake's would like to tear down the cottage and build a house at 4736 Melverta Drive in the Muzzy Lake Association.

Mr. Mills reminded everyone that there must be an original application signed by the Association and on file with the Zoning Inspector. Mr. Mills said in looking at the existing homes to the side; this one is scheduled to be built 5 feet from the imaginary property line. It appears to be about 5 feet to the imaginary line for the neighbor's, that always concerns me when we are talking short distances in the event there is ever a fire. The other side we are looking at 8 feet and the other neighbor is already 10 feet. Mr. Mills asked when they anticipated on getting started. Ms. White said they hoped to start right away. Mr. Mills inquired about the gravel road and if it was the main entrance to house. Ms. White said that was the main entrance to the property.

Mrs. Saillant asked about the crooked line on the drawing. Ms. White said that was the retaining landscape wall. Ms. White said the house to the left of the wall was really nice. She thought it was a landscaping retaining wall 2 feet high. Mrs. Saillant asked how far the house would be from the wall (maybe 2-3 feet). Mrs. Saillant asked if the wall came all the way to the road. Ms. White said she thought it did go all the way to the road. The house to the left is landscaped very nicely and at an angle. Mrs. Saillant asked if the house could be moved over. Ms. White said she didn't know the answer to that.

Mr. Boring asked about the location of the driveway but then saw it on the drawing as the gravel road.

Mr. Mills asked if there was a garage planned for the house. Ms. White said she didn't think so. Mr. Mahood said he thought when they came in there was to be an overhang for a carport.

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

A discussion followed about carports and garages.

Mr. Cutright reviewed the application.

Resolution ZBA 2007-001. Mr. Mills made a motion to approve the application for a variance request from Section 410.12-A with the following conditions, 1) the original signed by Mr. Frank Navarette be on file with the Zoning Inspector, and 2) a garage must be included before any construction can get started. Mr. Boring seconded it. Ms. White asked if all the houses under construction have garages. Mr. Mills said everyone that came before the Board did but there was no guarantee that a garage was built. A vote was taken as follows: Boring - Yes Saillant - Yes Mills - Yes Cutright - Yes. The motion carried unanimously (4/0).

Next on the agenda was an application for a variance from Section 310.04-F-3 for property (vacant land) located on Biltz Road (parcel no. 32-038-00-00-020-001) in order to make the lot buildable submitted by:

Jeffrey J. & Dawn L. Blake
4604 Cobblestone Trail
Ravenna, OH 44266

Mr. Cutright swore in Jeffrey Blake, 4604 Cobblestone Trail. Mr. Blake said they had purchased the property in 2002. They are interested in selling it. In checking with Rootstown Zoning, in order to build on the property, it has to be 150 feet wide at the 70-foot setback. This lot is only 117 feet at the 70-foot setback line.

Mr. Mills asked whom the property was purchased from. Mr. Blake said he purchased it from Darrell Stephens. Mr. Mills asked if Mr. Blake knew anything about the property next door (Halloway's). Mr. Blake said that at one time both lots were one piece. Mr. Mills asked if Mr. Blake had checked with zoning when he laid out the money for this piece of property. Mr. Blake said he did not. Mr. Mills said it was unfortunate that he did not check with zoning because the zoning requirement for that piece of property was in effect in 2000. Before you own property you are at the hands of the Zoning Department of each Township. It was a man made problem because in 2002, the two properties were one. So the owner of the property created this problem and it wasn't revealed and on the other hand, you didn't check it either. Two wrongs do not make a right. In this Township and others they try not to create a flag lot which has been ruled out in the Township since about 32 years ago.

Mrs. Saillant had no questions at this time.

Mr. Boring asked if there was a house on the Halloway property. Mr. Blake said there was. Mr. Boring asked if he knew when that house was built. Mr. Blake said he wasn't sure maybe in the 50's.

Mr. Cutright asked what was on the property to the north. Mr. Blake said it was vacant.

Mr. Mahood said it unfortunate that the past inspector and even the one before that created these lots. It even went though Portage County. Mr. Mills said it was the applicant's responsibility that was buying the land to check things out. Two wrongs do not make a right. Each case has to be weighed on its own merit and this is really a bad situation created by people that do know better.

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

Mr. Black said that this property would be sitting around for years and nothing would be done to it if there were nothing done to it now. It won't get any better, unless he can purchase some land from Biltz. He said he hated to see a piece of land go to waste. Mr. Mahood said each case has to be taken on its own merit. His opinion was that when you have two other lots or more that have current homes on them that are not as efficient. If you were in an area with the rest of homes having 150 to 200 foot frontage and then you put one in there that doesn't; that doesn't go with the area.

Mr. Cutright reviewed the application

Resolution ZBA 2007-002. Mr. Boring made a motion to accept the application for a variance from Section 410.012-A based upon the Dunn principal number three that the character of the neighborhood would not be substantially effected or the adjoining properties would not suffer substantial determent as a result of the variance. Mr. Cutright seconded it. A vote was taken as follows: Saillant - No Mills - No Boring - Yes Cutright - No. The motion was denied by a vote of 3/1.

Resolution ZBA 2007-003. Mr. Mills made a motion to deny the variance request from Section 410.12-A. Mr. Cutright seconded it. A vote was taken as follows: Boring - Yes Saillant - Yes Mills - Yes Cutright - Yes. The motion carried unanimously (4/0).

Ms. White asked why Portage County Regional Planning (PCRP) passed it. Mr. Mills said PCRP only looks at the property as to its intended possible use. But in every case it all falls back to zoning approval. Mr. Mahood said zoning needed to be tightened up on the buildable setback line.

The new members of the Board introduced themselves.

Michael Finan said he has lived in Rootstown the last 4 1/2 years. He was a life time resident of Ohio and a graduate of Akron U. He is employed in the financial mortgage business.

Darrell Wayt said he just retired. He was a firefighter in Alliance. He just moved to the community.

Resolution ZBA 2007-004. Mr. Mills made a motion to accept the minutes of the December 19, 2006 meeting. Mrs. Saillant seconded it. The motion carried unanimously (4/0).

Mr. Mills said that after a number of years, this Board has had a couple of old rascals sitting on it. The Board serves at the discretion of the Township Trustees. At the annual meeting this past year, up for renewal was one of our Board members. After a number of years of sitting here and the experience that he had was not renewed and so from that point our Vice-Chairman has been responsible for conducting the business. Roy will be missed in many respects. Mr. Mills was sorry to see him go.

Mr. Mills has some deep concerns as we go through with some of the others that are getting up with years and have years of experience including himself and Dr. Friedl. Not only did Rootstown zoning regulations made a dramatic change with a new book a few years ago which good, bad or indifferent the Board has to live with them. Having served as 20 plus years as Chairman, 32 years on this Board, he does not envy the person who has to sit as Chairman of this Board. In 2007, it will be more time consuming and less thankful then it was just 7 years ago.

Resolution ZBA 2007-005. Mr. Mills made a motion that Troy Cutright be Chairman and that Deron Boring be Vice-Chairman. Mrs. Saillant seconded it. A vote was taken as follows: Mills - Yes Saillant - Yes Boring - Abstain Cutright - Abstain. The motion failed by a vote of 2/0/2.

Michael Finan was asked to sit on the Board for tonight.

Resolution ZBA 2007-006. Mr. Mills made a motion that Troy Cutright be Chairman and that Deron Boring is Vice-Chairman. Mrs. Saillant seconded it. A vote was taken as follows: Mills - Yes Saillant - Yes Boring - Abstain Cutright - Abstain Finan - Yes. The motion passed by a vote of 3/0/2.

Mrs. Saillant moved that the meeting be adjourned.

Mr. Cutright adjourned the meeting.

Troy Cutright, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS