Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
February 21, 2006

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, February 21, 2006 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Roy Kelsey, Chairman
Patricia Saillant
Eugene Mills
Alfred Friedl
Deron Boring

Those absent:
Troy Cutright
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.

The first item on the agenda was an application for a variance from Section 310.09-B-5 to put a pool in the side yard instead of the back yard due to a gas line for property located at 4200 Ruth Drive in an R-2 District submitted by:

Doug & Marcia Echnat
4200 Ruth Drive
Rootstown, OH 44272

Mr. Kelsey swore in Doug & Marcia Echnat, 4200 Ruth Drive. Mr. Kelsey stated they were requesting a variance for a pool in the side yard due to a gas line running through their back yard. Mr. Echnat said there was a gas line in his back yard. From the gas line there is a 15-foot easement on the right and left that doesn't allow them to put anything there. The depth of his backyard was approximately 45 feet, which gave him about a ten-foot leeway in either direction. He would like to put a swimming pool in the side yard with a six-foot stockade fence that would go around the pool. Therefore the pool would not be seen from the street.

Mr. Friedl asked how big the pool was going to be. Mr. Echnat said it was 15 feet wide and 20 to 25 feet long. Mr. Friedl inquired if the pool would be above or in the ground. Mr. Echnat replied the pool would be above ground. Mr. Friedl asked how far the pool would be from the side lot line. Mr. Echnat said it would be 20 feet from the side lot line and the property there was a vacant lot.

Mr. Boring had no questions.

Mr. Mills asked Mr. Mahood how far the pool would be from the property line. Mr. Mahood said he just went by the drawing and until the property would be leveled he wouldn't know. Mr. Mills asked Mr. Echnat how long he had owned the property. Mr. Echnat said they had just moved in about 6 months ago. Mr. Mills inquired about the gas line and if Mr. Echnat knew it was there before he bought the house. Mr. Echnat said he didn't buy the house he inherited it. He knew there was a gas line there. The shed is sitting on the ease way of the gas line and at some time they probably will either have to cut the shed in half or move it. Mr. Mills asked for the shortest distance from the gas line to the house. Mr. Echnat said their deck was probably 5 feet from that line (from the easement). Mr. Mills asked about the fence that was there now and its relationship to the pool. Mr. Echnat said the fence would be put 3 to 5 feet from the pool. Mr. Mills asked if they would be using the old fence or a new one. Mr. Echnat said the fence would be a new one.

Mrs. Saillant asked if the fence would be put up right after the pool was finished. Mr. Echnat said the fence would probably be up before the pool went in.

Mr. Kelsey said he knew there was a gas line there and he inquired how far it was from the house. Mrs. Echnat said Mr. Echnat's mother knew the gas line was there and they were aware of it.

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

Mr. Kelsey reviewed the application.

Resolution ZBA 2006-004. Mr. Mills made a motion to grant the variance request from Section 310.09-B-5 to permit the pool in the side yard. Mrs. Saillant seconded it. A vote was taken as follows: Saillant - Yes Friedl - Yes Boring - Yes Mills - Yes Kelsey - Yes. The motion carried unanimously (5/0).

Mr. Friedl commented that the zoning permitted a swimming pool within 10 feet of property line.

Mr. Mills remarked that the property next Mr. Echnat was permanently vacated for a water drainage.

Next on the agenda was an application from Sections 310.05-1-B and 310.08-C for setbacks from the road and a detached garage for property located at 4669 Melverta Drive in an R-2 District submitted by:

Scott A. Fischer
4669 Melverta Drive
Ravenna, OH 44266

Mr. Kelsey swore in Scott Fischer, 4669 Melverta Drive. Mr. Fischer said he would like to knock down the old cottage (seasonal) for a permanent residence at Muzzy Lake. When water and sewer became available, he decided he would like a permanent residence there. With a growing family, the cottage doesn't serve his purpose anymore. He had some builders come and look at the structure to see if it was sound enough to enlarge. He was informed that it would be better to raze the cottage and build a new home there. He would be putting up a new structure on the old footprint but it would be 4 feet longer.

Mr. Kelsey stated that the Association had approved it.

Mrs. Saillant had no questions.

Mr. Mills inquired as to when he would start. Mr. Fischer said it would probably be in the fall. Mr. Mills asked if this particular property would be out of the flood spot. Mr. Fischer said they up out of it. Mr. Mills asked if he would be able to drive out once the house was up. Mr. Fischer said he thought he could. Mr. Fischer said the road was raised some 30 inches and a tile across the road. Mr. Mills asked when that was done. Mr. Fischer said it was done late winter or early spring.

Mr. Boring had no questions.

Mr. Friedl had no questions.

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

Mr. Kelsey reviewed the application.

Resolution ZBA 2006-005. Mr. Friedl made a motion to grant the variance request from Sections 310.05-1-B and 310.08-C to raze the old cottage and build a new structure in its place. Mr. Boring seconded it. Mr. Mills commented that the Board has taken this under consideration recognizing that the Muzzy 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 other consideration in the township. A vote was taken as follows: Boring - Yes Friedl - Yes Mills - Yes Saillant - Yes Kelsey - Yes. The motion carried unanimously (5/0).

Mr. Kelsey said the next item was concerning the Moser property on Tallmadge Road. Jim Mahood sent a letter to Mr. Moser regarding the property on Tallmadge Road asking him to come before the Board to answer some questions/concerns there was about the property. It was in regards to the outside storage of miscellaneous items.

Mr. Friedl said he was aware of the problem of letter being sent.

Mr. Mills asked Mr. Mahood if he could read the conditions that the Board had put on the business when the original permit. Mr. Mahood said this was done before he became Zoning Inspector but he could go down and look it up. Mr. Mills questioned whether it was a Conditional or a variance or both. Mr. Kelsey said it was a Non-conforming Use.

Mr. Kelsey talked about the wall that was 6 inches off the property line. Mr. Kelsey thought there was an agreement on no outside storage. There have been several complaints about the property. Mr. Kelsey thought there was an agreement in the original permit that there would be no outside storage. Terry Moser said that area was zoned RV.

Mr. Mills asked who owned the building. Terry Moser said he owned the building. Mr. Mills inquired about what was done inside the building. Bob Moser said there was a machine shop; also they bring equipment in for welding and repair. The equipment comes in and gets fixed. One of the things that people are complaining about is the material. The material is an on going project because 90% of their time is spent building for other people. There is some block there that is still needed to finish the eastside of the building. Bob Moser said when he got a letter he went and saw the Inspector. The reason he was here night was because of the last letter asking him to come before the Board.

Mr. Mills asked if the machine shop was for their use or outside service. Bob Moser said the work in the machine shop was all done for Moser Construction. Mr. Mills asked Moser to explain to him how much in Mr. Moser's opinion outside there (classified as construction items needed for the ongoing construction vs. true storage and transit items which have been brought for repair and waiting to go out again. Mr. Mills gave an example of outside storage vs. transit. Terry Moser answered that they just completed 3 weeks ago of putting down concrete, storm sewers, and down spouts. Everything was run out to Tallmadge Road. During this time and because of the weather conditions, they had to extend about 3 weeks for curing. They have not be able to use that area for parking, etc. The clutter was more condensed to the westside of the building. Probably 25 to 30% of the materials on site are going into building and or part of the construction of the storms, etc. The veneer of the building is completed on the west and north elevation. On the east elevation, which is the loading dock, there is approximately 40 feet, which is the remainder of the exterior veneer that they want to complete. They have some highly European scaffolding. They are waiting shipment of parts from across the pond; it has been there 3-4 months. Sometimes it takes up to six months to get parts. The balance of stuff on that side was transit, which was about 50% or more.

Mr. Kelsey asked Mr. Mahood if he found the conditions for that business. Mr. Mahood said it just had the change of the Non-conforming Use on March 16, 1999. He told the Board that it went from Portage Retreading Company to a machine shop. Mr. Mahood said since it was being kept as the same use, there was no need to have them come before the Board. There were no conditions put on the machine shop at that time.

A discussion on Non-conforming Use and whether the parties had to come before the Board when ownership changed hands.

Mr. Mills said he didn't like the looks of it - he supports zoning. Mr. Mills said that in driving around the community and looking at various properties, Mouser's was no different than some others in the community. Zoning needs to put the same controls on everybody. Mr. Mills asked Moser how long the construction would be going on. Terry Moser said he thought that in the next 6 months it would be done. They are trying to solve the water problems that they have inherited.

Bob Moser said that the on going problem with the neighbor in back has been resolved. Everything is fine. There are no hard feelings on either side at this point. Mr. Mahood said Mr. Westfall stopped by his office and was glad that Moser was coming before the Board.

Mr. Kelsey referred to Section 450.03.

Mr. Friedl said that he saw the items outside as being in transit or pertaining to the construction of the building.

Mr. Mills asked how long they had been there. Terry Moser said since September of 2005.

Mr. Armentrout stated that he thought everyone was favorably impressed with the improvements that the Moser family had made there. At the same token in his discussions with Mr. Mahood, since all that work has been going on and there has been issues of storage or what kind of storage, etc. There is a gray area in our zoning book as far as a non-conforming use. The Zoning Inspector just wanted some clarification for future situations.

Mr. Friedl said that the Moser family should be given time to finish their project. Mr. Friedl said he was a little concerned about this back and forth. After a few meetings on the subject of the building and storage, they took action and were very embarrassed by that action. Later another meeting the Board apologized and had it put on the web site. Mr. Friedl referred to a letter that he sent to Mr. Kelsey pertaining the Moser family.

Mr. Mahood read part of the minutes of March 16, 1999 pertaining to the Bandag Company being changed to a machine shop run by Sicilano.

Since there was only a change of ownership but not a change of business, it was not necessary for the owners to come before the Board.

Mr. Armentrout said he thought that when there was a change of ownership, they should have to come before the Board even though the business might be the same. Mr. Mills stated that every Non-Conforming Use should have to be approved by Board. Mr. Armentrout said that the Zoning Commission needed to address this problem.

Mr. Kelsey said the Moser family was not in violation of the Zoning Code. Mr. Friedl agreed with that statement. Mr. Mahood wanted a clarification so he could tell people who stop with a question as to what is going on there.

Mr. Mills said he would like to see another change and that was that when people who have a complaint be required to put it in writing and sign it. All Board members supported this.

Mr. Kelsey stated that Moser family was not in violation of the Zoning Code.

Mr. Armentrout informed the Board of the joint meeting on March 7th at 6:30.

Resolution ZBA 2005-006. Mr. Mills made a motion to accept the minutes of the January 17, 2006. Mrs. Saillant seconded it. The motion carried unanimously (5/0).

Mr. Kelsey adjourned the meeting.

Roy Kelsey, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS