Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
May 15, 2007

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, May 15, 2007 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright, Chairman
Eugene Mills
Alfred Friedl
Patricia Saillant
Deron Boring
Michael Finan

Those absent:
Darrell Wayt

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.

The first item on the agenda was an a tabled 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 based on additional information not heard before submitted by:

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

Mr. Cutright swore in Jeff Windon, 1631 Carriage Drive, Suffield, Ohio. Mr. Windon thanked the Board. Mr. Windon had a copy of the deed from 1931 prior to zoning. Davis (3.3 acres top corner of Township line 38 and that Tract 1 is the one to the Blake deed) created two parcels. Mr. Windon also had a deed from 1959 and another from the 70's. These show the parcels intact. These parcels have not changed but have had a multitude of owners. According to the ordinance these were existing non-conforming parcels. The Zoning Inspector could issue permits.

Mills asked why this information wasn't sent with the packet so it could be reviewed prior to the meeting. Mr. Mills asked when the map was drawn and dated according to the maps of Portage County. Mr. Windon said it was in the 70's. Mr. Mills asked if that was the way the lots looked today. Mr. Windon said they did not look like that today. Mr. Mills inquired as to when the looks were changed. Mr. Windon said they were changed in 2002.

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

Mr. Friedl commented the lots were formed and made in compatible that's not the problem of Zoning. If those lots were in place, then it is also clear-cut that there is no need for the action of the Board. In 2002 the action had nothing to do with the frontage, only added to the back.

Mr. Cutright said with all the information he had received from the prosecutor's office and PCRP.

Mr. Mills said when this was split and changed, that was done under the controls of the Zoning Inspector illegally. This did not ever come before the ZBA.

Mr. Friedl said 2 wrongs don't make a right but the Zoning Inspector was doing it properly. Zoning Inspector at the time did not do anything illegally.

Mr. Cutright said Mr. Meduri said the Zoning Inspector at that time had to make judgement call.

Resolution ZBA 2007-033. Mr. Friedl made a motion to grant the variance request from Section 310.04-F-3. Mr. Boring seconded it. A vote was taken as follows: Boring - Yes Saillant - No Mills - No Friedl - Yes Cutright - Yes. The motion carried by a vote of 3/2.

Mr. Cutright excused Mr. Boring for a previous engagement. Mr. Finan would be sitting on the Board.

Second on the agenda was a variance request to build a 5-Unit storage building like the existing one at "Desert Area" of East Muzzy Lake Association located in the East Muzzy Lake Association submitted by:

Dale Hluch
4153 Bower Road
Rootstown, OH 44272

Mr. Cutright swore in Dale Hluch, 4153 Bower Road. Mr. Hluch said he and 4 other stockholders in the association would like to put up another storage building which would be the same and the 1-5 building. It had been surveyed and approved by the Association.

Mr. Finan inquired as to how the building would like and what materials would be used. Mr. Hluch said it would be similar to the other storage building. It would probably have firewalls between the units.

Mrs. Saillant had no questions.

Mr. Mills asked when the previous building was built. Mr. Hluch said as he recalled one was built 1991. Mr. Mills remarked that this would be the 2nd unit built. Mr. Mills asked for an explanation of item no. 9. Mr. Hluch read item no. 9. Mr. Mills asked how long Barbara has been the President of the Association. Mr. Hluch said he would guess three years. Mr. Mills asked how long Mr. Franks has been secretary to the Association. Mr. Hluch said a long time. Mr. Mills said on file in the corporate structure, is an agreement that states that any building will be approved by the Association before going to the Zoning Board of Appeals (ZBA) for final approval which has the final say according to the Ohio Revised Code. The Board controls the safety aspect of it.

Mr. Friedl had no questions.

Mr. Cutright asked if there were zoning and building permits for the other buildings. Mr. Hluch said he didn't think so. Mr. Mills said the other two buildings did not come before the Board. Mr. Cutright asked if Mr. Hluch had architecturally stamped blueprint for the new building. Mr. Hluch said he had the prints that he drew. Mr. Cutright said the county would be classified as commercial.

Resolution ZBA 2007-034. Mr. Mills made a motion to grant the variance request for the structure recognizing that this is leased land by the Association and thank the gentleman for at least bring this one to the Zoning Board of Appeals. Mrs. Saillant seconded it. Mr. Mahood asked if the building would be classified as commercial or accessory. Mr. Cutright said he thought it would be commercial. A vote was taken as follows: Saillant - Yes Friedl - Yes Finan - Yes Mills - Yes Cutright - Yes. The motion carried unanimously (5/0).

Last on the agenda was a an application for a change of a non-conforming use from Section 350.05-C-2 for property located at 4171 Sandy Lake Road to manufacture/make glass products submitted by:

Matthew Pettigrew
4396 SR 14
Ravenna, OH 44266

Mr. Cutright swore in Matthew Pettigrew, 4396 SR 14, Ravenna, Ohio. Mr. Pettigrew said he had been in the oil/gas business for 28 years. He has been repairing stuff the last 12 years and would like to open a shop on Sandy Lake Road to repair oil field engines. These engines are not much different then automobile engines. Some are repaired in the field while parts need to be brought back in for repair. This is the old glass factory.

Mr. Mahood stated the building had been vacant about a year but the non-conforming use had not lapsed. Permits were issued in 1984 for an accessory building (50 x 56), and again in 1984, a sign permit was issued for 21.3 square feet. In 1989 another accessory building ( 50 x 50) was not built. Mr. Mahood said that corner was changed to commercial.

Mr. Friedl said right now the lot is C-2 and on the north it is bordered by Industrial, and across is C-2. Mr. Friedl referred to the businesses allowed by the zoning book.

Mrs. Saillant inquired about the hours of operation. Mr. Pettigrew said his hours would be from 7 to 4:30/5, Monday thru Friday, and 8 to noon on Saturdays. Mrs. Saillant asked about the parking for employees (3/4) being inside the fence. Mr. Pettigrew said that was correct.

Mr. Finan asked about the type of tools being used and the noise level. Mr. Pettigrew said there would be an air compressor but nothing above that noise level and it would be contained in the building. Mr. Finan said he saw that the building was being insulated and asked if this was for the noise. Mr. Pettigrew said it was for heating purposes, right now there is no heat in the building. Mr. Finan inquired about the drums and their placement. Mr. Pettigrew said they would be in the fenced area. The drums were for oil and antifreeze. Mr. Finan asked if he means for disposal of the oil and antifreeze. Mr. Pettigrew said he did. Mr. Finan asked if the fence would cover the whole property. Mr. Pettigrew said the fence would cover just the back lot. Mr. Finan asked if after the engines were repaired there, were they started there? Mr. Pettigrew said they do start them there but they are not any noisier than the air compressor. Usually they are run for an hour.

Mr. Mills asked about outside storage. Mr. Pettigrew said just for vehicles, and if items coming from the field would not be worked on right away they would be stored behind the privacy fence. Mr. Mills asked what the maximum number would he find out there? Mr. Pettigrew said it would probably be 4 to 6. His plans are to do 2 a week. Mr. Mills inquired about the exterior lighting. Mr. Pettigrew said he would be upgrading the lighting but to the west, he would like to have lighting on the yard. Mr. Mills asked how much fence was there? Mr. Pettigrew said there was at least 150 feet (lot was 600 x 550). Mr. Mills asked if Mr. Pettigrew owned the property. Mr. Pettigrew said he did not own it.

Mr. Cutright asked about the fencing. Mr. Pettigrew said it would be 300 feet off Sandy Lake Road and 100 feet from property line. Mr. Cutright inquired about the parking lot and it needed to be paved. Mr. Mahood said he discussed it with Mr. Pettigrew and he would follow the book.

Mr. Mahood questioned the 21 square foot sign. Mr. Pettigrew said it would come down. Mr. Pettigrew said he would follow the regulations for signs. Most traffic in and out of there would be the employees. The largest truck would be 1 ton.

Resolution ZBA 2007-035. Mr. Mills made a motion to change the non-conforming use from Glass Manufacturing to Oil Field Engine Repair located at 4171 Sandy Lake Road. Mrs. Saillant seconded it. A vote was taken as follows: Mills - Yes Saillant - Yes Friedl - Yes Finan - Yes Cutright - Yes. The motion carried unanimously (5/0).

Resolution ZBA 2007-036. Mr. Mills made a motion to accept the minutes of the April 17, 2006 with the following corrections, page 3, paragraph 2 have be should be "have been", and page 6, paragraph 4 add "not" before listed. The motion carried unanimously (5/0).

A discussion followed on the Moser property located on Tallmadge Road.

Mr. Cutright adjourned the meeting.

Troy Cutright, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS