Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
April 19, 2011

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, April 19, 2011 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright
Patricia Saillant
James Manion

Those absent:
Derek Ball
Jennifer Milnes

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.

Resolution ZBA 2011-003. Mr. Cutright made a motion to accept the minutes of March15, 2011 meeting with the following corrections, page 1, 4th paragraph floor should be Board , page 2, paragraph 4th paragraph, Mrs. should be Ms. And there should be an a before sign. Mrs. Saillant seconded it. The motion carried unanimously (3 /0).

Next on the agenda was an application for a variance to divide the property into two lots from Section 310.04, F, 4 for property located at 4688 State Route 44 in an R-2 District submitted by:

Barbara J. Stratton, Trustee
4688 State Route 44
Ravenna, OH 44266

Mr. Cutright swore in Gary Phillips, a surveyor, 2165 Eastwood Avenue, Akron, Ohio. Mrs. Stratton asked him to come out and look at her property. She had an interest in sub-dividing it. This was back sometime in January. One of the first things he recognized was the frontage issue in what she would like to do. Years ago the state came in and widened State Route 44 and they took a substantial portion of the frontage from this particular piece of property leaving like only 76 feet of frontage. There was an existing street that came in from the south from the sub-division and dead-ends there. He explained to Mrs. Stratton that the only way she could do what she wanted was to get a variance. She needed a 60 foot frontage on the street and the street in the rear of the property in only 50 feet wide. So what she would like to do is sell her house with some acreage out front and retain the balance of the undeveloped portion of her property.

Mr. Manion stated they were talking about 27 acres. Mr. Phillips said that was right. Mr. Manion asked about the division of the property (Violet/Clover Drive). Mr. Phillips said the road dead-ends at her driveway and the home sits off to the right. What she would like to do is cut off a piece with the home site on it and use that for frontage. The balance would have access to that road using a 50 foot frontage instead of a 60 feet one.

Mrs. Saillant asked where the entrance would be. Mr. Phillips showed the Board how it would work.

Mr. Cutright asked why the street couldn t be extended. Mr. Phillips said it wouldn t be economically feasible.

Mr. Mahood explained there was always a sub street in a sub-division when there are large partials close by.

Mr. Manion stated that basically Mrs. Stratton was trying to cut out 2 acres with the house so she could sell it and leave 25 acres undeveloped. Mrs. Stratton said that was right.

Mr. Mahood asked if the current house had a septic or sewer. Mr. Phillips said it was a septic system. Mr. Mahood asked if it was located on the 2 acre partial. Mr. Phillips said it was.

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

Mr. Cutright swore in Denise Leeson, 4309 Clover Drive, Ravenna, Ohio. Ms. Leeson had two concerns, 1) Clover is not be maintained and 2) road construction equipment would tear the road up.

Mr. Mahood stated that any road that would be continued by a construction company would be the responsibility of that company. Regarding home values, it is in an R-V district which requires smaller lots. There could be a change in the zoning if someone wanted to develop it.

Ms. Leeson remarked that the drainage it bad back there. Mr. Mahood stated that was a problem that would be addressed by Regional Planning once a developer brought the plans in.

A discussion was hold by the Board on the way a motion should read.

Resolution ZBA 2010-019. Mr. Manion made a motion to grant the variance to divide the property into two (2) lots per the attached display provided the septic system is within the 2 acres that is to be separated (house included) and the frontage on Violet Drive must be extended to meet current zoning regulations. Mr. Cutright seconded it. A vote was taken as follows: Saillant Yes Manion - Yes Cutright - Yes. The motion carried unanimously (3/0).

Next on the agenda was an application for a variance from Section 310.05 1, B for a 16 foot setback for property located at 5274 Lakewood Road in an R-2 District submitted by:

Douglas Dimauro
5274 Lakewood Road
Ravenna, OH 44266

Mr. Cutright swore in Douglas Dimauro, 5274 Lakewood Road, Ravenna, Ohio. Mr. Dimauro said he would like to put a garage on the house because he has a hardship when he comes in and out of his driveway. It is an accident waiting to happen. There is an island there which makes it angle to come out of the driveway. What he would like to do is have his driveway come out on Lakewood Road. He showed the Board pictures on how it works coming in and out of his driveway.

Mrs. Saillant asked him why he wanted to build a new garage when he had the old garage. Mr. Dimauro said he couldn t back out of his driveway without angling his car.

Mr. Cutright swore in Christine Ruggiero, 5274 Lakewood Road, Ravenna, Ohio. Ms. Ruggiero said they wanted to use the old garage as living space.

Mrs. Saillant questioned what they were going to do with the existing driveway. Mr. Dimauro said nothing; maybe plant grass.

Mr. Cutright asked when he had purchased the home. Mr. Dimauro said he purchased it about 8 or 9 years ago.

Mrs. Saillant asked if the driveway by the pool was going to be left there. Mr. Dimauro said yes. He was told this was one of the first homes built there and it was going to be used as a model home. That was way the parking lot was built there. Mr. Manion asked if that was out in front of pool. Mr. Dimauro said it was. Mr. Mahood said it was used for people using the pool.

Mr. Mahood said there needed to be a 40 foot setback off the right-of-way. Lakewood is 60 feet wide so you take 30 feet from the middle of the road, then go 40 feet back off that. Mr. Cutright stated that they figured it was about 20 feet from the right-of-way.

Ms. Ruggiero said they wanted to build a garage 24 x 22.

Mr. Manion questioned if Lakewood was a county road and did they have to get permission to cut a driveway from it. Mr. Dimauro said they didn t need permission to cut the driveway.

A discussion followed on the garage and the driveway. Mr. Mahood corrected the request to 16 feet setback.

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

Mr. Dimauro spoke to the neighbors and they were in agreement with him. They knew what it was like to get out of the driveway.

A discussion followed on backing out on Bent Oak Road and the setback they were asking for.

Resolution ZBA 2011-004. Mr. Manion made a motion to deny the request based on the application. Mrs. Saillant seconded it. A vote was taken as follows: Manion Yes Saillant - Yes Cutright - Yes. The motion carried by a vote of 3/0.

Mr. Mahood stated if the numbers are not right; you can resubmit it again.

Resolution ZBA 2011-005. Mrs. Saillant made a motion to adjourn the meeting. Mr. Manion seconded. The motion carried unanimously (3/0).

Mr. Cutright adjourned the meeting.

Troy Cutright, Vice Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS