Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
July 17, 2007

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, July 17, 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 attedance:
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 application for a variance from Section 310.10 to operate a small one person business located at 3553 Sanford Road in a R-1 District submitted by:

Jimmie D. Epling
3553 Sanford Road
Rootstown, OH 44272

Mr. Cutright swore in Jim Epling, 3553 Sanford Road. Mr. Epling said he had been running a business the last two plus years and would like to continue this business.

Mr. Boring asked if there was anything outside visible other than the garage. Mr. Epling said everything would be inside. Mr. Boring asked about the traffic. Mr. Epling said he did the entire pick-ups and deliveries.

Mrs. Saillant asked about the business hours, noise, and if UPS made deliveries. Mr. Epling said the business hours would be 6:30 A. M. to 4:00 P. M., Monday through Friday. There would be no loud noise. He would have UPS deliveries.

Mr. Friedl inquired about activities beyond the premises, fumes and noise, etc. Mr. Epling said the nearest neighbor was 300 feet. The noise level would be no more than a tractor running. Everything would be contained in the garage (2 machines only which he ran himself). The doors might be open sometimes but they were closed most of the time. There would be no painting. He machined small parts for other companies.

Mr. Mills asked about the machines and what kind they were. Mr. Epling said there were two machines, a mill (2 horse) and a lathe (5 horse). Mr. Mills asked how long Mr. Epling had lived there. Mr. Epling said he had been there 20 years. Mr. Mills asked how long Mr. Epling had been in business. Mr. Epling said he had been running the business about 2 1/2 years. Mr. Mills asked if Mr. Epling knew that Rootstown had zoning. Mr. Epling said he knew there was zoning but he knew of a lot of other places that were doing the same thing he was doing. Mr. Mills asked if Mr. Epling had checked with zoning before he started the business. Mr. Epling said he did not. Mr. Mills asked where the business was located. Mr. Epling said the business was in the garage. Mr. Mills asked if the garage was attached to the house. Mr. Epling said the garage was free standing.

Mr. Cutright asked how this situation came about. Mr. Mahood said someone stopped in who must have been a disgruntled customer. Mr. Mahood sent a letter to Mr. Epling about the violation. Mr. Epling called back and Mr. Mahood described the problem and the options he had.

Mr. Friedl asked Mr. Mahood what could have been done if Mr. Epling had not responded to the letter. Mr. Mahood explained the procedure. Mr. Friedl said the point he was getting at was that nobody knew there was a violation. Mr. Mahood said the other gentleman would have faxed over receipts that there was a working business there. Mr. Mahood said Mr. Epling was more than obliging to come before the Board. Mr. Epling said he did work for maybe six companies. It's all repeat work.

Mr. Mills remarked about other businesses like doing computer work and writing books in their home. Nobody knows about these jobs. It doesn't bother anybody. Mr. Mills said that if the Zoning Inspector is notified about a business in a home, he has to go and check it out. If they are in violation and do not have a permit, that starts the process.

Mr. Mills said there was a series of problems here - first of all if you look at home occupations. This business request tonight is no way like anyone writing books in their home or doing E-Bay work. Mr. Mills referred to the definition of home occupation. The problem is how do you say yes today and no tomorrow. There are a number of businesses operating out of other buildings and not the dwelling. Therefore they are in violation of the zoning code.

Mr. Mahood said Mr. Epling is following other aspects of this whole thing. There shall not be any change in outside appearance of the building or the premise.

A discussion was held about granting a variance for this business.

Mrs. Saillant asked how far was the garage from the house. Mr. Epling said the house was approximately 25 to 30 feet from the garage. Mrs. Saillant inquired about the garage being attached to the house and would that be considered part of the dwelling.

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

Resolution ZBA 2007-037. Mr. Friedl made a motion to grant the variance request from Section 310.10. Mr. Boring seconded it. A vote was taken as follows: Boring - Yes Friedl - Yes Saillant - Yes Mills - No Cutright - Yes. The motion carried by a vote of 4/1.

Mr. Mahood asked the Board to hear from Mr. Ed Harris. Mr. Harris had gone to the Zoning Commission about the property located at the corner of Sandy Lake and South Prospect. Mr. Harris addressed the Board and explained to them what he had in mind.

A discussion followed about the businesses at that location.

The Board decided that they would not extend any privileges after tonight's meeting. Mr. Mills said he had a deep concern about approving the minutes as presented because of item 3, which pertained to the location at Sandy Lake and s. Prospect.

Mr. Boring said the Ohio Revised Code said minutes of meetings if not approved in thirty days are automatically journalized.

Resolution ZBA 2007-038. Mrs. Saillant made a motion to accept the minutes of the May 15, 2007 with the following correction, page 3; last paragraph "architecturally" should be "architectural". Mr. Friedl seconded the motion. The motion carried by a vote of 4/1 with Mr. Mills abstaining because of the first item pertaining to the Blake's request, due to the lack of or incorrect information that was presented to the Board.

Mrs. Saillant made a motion to adjourn the meeting. Mr. Cutright adjourned the meeting.

Troy Cutright, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS