Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
June 20, 2006

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, June 20, 2006 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Roy Kelsey, Chairman
Alfred Friedl
Troy Cutright
Patricia Saillant
Don Reckner

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

Those absent:
Eugene Mills
Deron Boring

Mr. Kelsey called the meeting order. Mr. Kelsey introduced the Board members and explained the evenings' procedures. The first item on the agenda was a tabled application for a variance from Section 310.04-F-4 to build a home on a lot that has easement access only, no frontage (applied for a variance in 1987 and was approved) for property located at 3821 Cook Road in a R-2 District submitted by:

Melvin & Vanessa Whitted
5213 New Milford Road
Ravenna, OH 44266

Mr. Kelsey said in 1987 the Whitted's applied for a variance on the property located on Cook Road and the variance was granted. At that particular time, they did not build on the property but there were no time limitations in the resolution at that time. Consequently the variance that was granted goes with the property in perpetuity. So this year, when the Whitted's decided that they wanted to build there, they went to the Zoning Inspector and he saw some problems with it and referred it to this Board. Last month the Board considered it and because of the ramifications sought legal counsel. We talked with our legal counsel and he informed the Board because there was no time limit in the resolution regarding the use of a variance, they still had a variance and could build there. The Zoning Inspector has issued that permit.

Dan Lindner, attorney for the Kuntz's, SS Public Square #1899, Cleveland, Ohio 44113, said there was matter that needed clarification. That was when the variance was granted in 1987 to build farther back on the property, the new application was to build from the cider block garage. Mr. Kelsey said this was a non-application now because there was no need for it since she already had a variance. Mr. Kelsey said as long as the property owner meets the setbacks of the resolution; it doesn't matter where on the property they decide to build. Mr. Lindner said the original variance stated they would build farther back on the lot and not close to the cinder block garage. Mr. Kelsey informed Mr. Lindner that the Whitted's would be putting in a modular house on the property and the garage will be used as a garage. Mr. Lindner asked the Board if they would be doing anything about the Whitted's living out of the garage. Mr. Kelsey said that it wasn't up to the Board to do anything about that situation. Mr. Mahood questioned as to how long the Whitted's could stay in the garage. Mr. Kelsey said that was between the Zoning Inspector and the Health Department not this Board.

Resolution ZBA 2006-015. Mr. Reckner made a motion to remove the variance request from Melvin and Vanessa Whitted from the table. Mrs. Saillant seconded it. A vote was taken as follows: Saillant - Yes Reckner - Yes Friedl - Abstain Cutright - Yes Kelsey - Yes. The motion carried by a vote of 4/0/1.

Resolution ZBA 2006-016. Mr. Cutright made a motion that the Board declare it a non-application. Mr. Reckner seconded it. A vote was taken as follows: Reckner - Yes Saillant - Yes Cutright - Yes Friedl - Abstain Kelsey - Yes. The motion carried by a vote of 4/0/1.

Second on the agenda was an application for a variance from Section 310.08-C to use a 2 car existing garage instead of building a new attached garage on the property located 2652 Old Forge Road in a R-1 District submitted by:

Carolin Fearon & Jerry Kitchen
2652 Old Forge Road
Kent, Ohio 44240

Mr. Kelsey swore in Carolin Fearon, 2652 Old forge Road, Kent, Ohio 44240 & Jerry Kitchen, 1207 Danforth, Akron, Ohio 44312. Mr. Kitchen said they would like to use the existing garage and not build an attached garage. An attached garage would make the modular home (30 by 80 feet) pretty long. There is room for 3 cars in the existing garage. Mr. Kelsey asked if the garage would be in front of the house. Mr. Kitchen said the garage would actually sit behind the house. Ms. Fearon said the driveway now goes straight back to the garage. They want to put the manufactured home over a bit and up just a bit.

Mr. Kelsey asked if in the future, might they split the lot and move the modular home. Ms. Fearon said they might possibly split the lot but they wanted originally to do a basement. The bank appraised the home with the land on a slab. Mr. Kitchen said the garage would have been under the house if they had done it the way they originally had planned. Ms. Fearon said it would look funny being an 80 long foot house with a one car garage.

Mr. Cutright asked if they had checked with other mortgage companies. Mr. Kitchen said he had. Mr. Cutright said there were ways to attach the existing garage to the house. Ms. Fearon said there was a hill back there and the garage would have to sit right beside it. There was also a dozen giant trees in that area. Mr. Cutright asked about the back of the property. Ms. Fearon said there a ravine back there. Ms. Fearon showed the Board where the house and go and she also showed them where the creek was located.

Mrs. Saillant had no questions.

Mr. Reckner had no questions.

Mr. Friedl asked about the easement. Ms. Fearon said they have 400 plus feet frontage and there is an access road that goes back to other homes. Mr. Friedl asked if there was anything else besides the garage on the property now. Ms. Fearon said there was a small trailer but it would be torn down. Mr. Friedl said as he understands zoning a attached garage is required but that assumes that you have a lot and start fresh. Here the building is already there and to him it appears to be somewhat unique.

Mr. Kelsey said he drove down there and looked at it and the lay of the land makes it unique. It would not establish a precedence.

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

Mr. Kelsey reviewed the application.

Resolution ZBA 2006-017. Mr. Friedl made a motion to grant the variance request from Section 310.08-C. Mr. Reckner seconded it. A vote was taken as follows: Reckner - Yes Friedl - Yes Saillant - No Cutright - No Kelsey - Yes. The motion carried by a vote of 3/2.

David Armentrout addressed the Board. He informed the Board that one of members of the Zoning Commission had resigned and they would be replacing him.

Mr. Friedl made a motion to adjourn. Mrs. Saillant seconded it.

Mr. Kelsey adjourned the meeting.

Roy Kelsey, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS