Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
August 15, 2006

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, August 15, 2006 at 7:00 P.M. at the Rootstown Town Hall.

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

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

Those absent:
Donald Reckner

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 310.08-C for a future detached garage (the terrain & slope of the lot does not lend itself to an attached garage) for property located at 4824 Sundown Trail in a R-2 District submitted by:

Larry & Jacalyn Knoll
15081 Waterford Dr.
North Royalton, OH 44133

Mr. Kelsey swore in Mark Pouliot, 855 Southeast Ave., Tallmadge, Ohio 44278. Mr. Pouliot said they wanted to tear down the old cottage and put anew house there but the terrain doesn't allow for an attached garage. They would like to have the garage location approved now and not have to go through another trip to the Zoning Board of Appeals.

Mr. Kelsey reminded Mr. Pouliot that whatever he got from the Board he would have to do something with it within one year. Mr. Kelsey asked Mr. Mahood if they built the house, would that do. Mr. Mahood said it would not do, they have to start on the garage. Mr. Mahood said it would depend on the conditions the Board set on the variance because this was also a Conditional Use Permit (CUP) because you are allowed to build a house there. The one variance they were applying for was a detached garage. The Board would need to put time frame on it. Mr. Kelsey asked the other Board members if a time frame for more than a year was allowed. Mr. Friedl said that the 1- year limit didn't have to be followed but the time frame could not be forever.

Mr. Kelsey reminded everyone that the Board had an agreement with Association. Mr. Mills said he thought there had to be a time limit on it. Mr. Mills asked where the CUP came into play since the application was for a variance. Mr. Mahood said the house was a permitted and if he wanted to build the home exactly like it was with an attached garage and he did not need any variances, he wouldn't have needed to come before the Board. Mr. Mills said he would always have to have a variance since there was no lot. Mr. Mahood said then there was no CUP but a single variance for a detached garage. Mr. Mills said he was in the belief that with variances, some conditions can be put on a variance. When you are asking for something in the future, it needs to some specified time limit on it.

Mr. Kelsey said there was a time frame of one year on a variance. The Zoning Resolution states that you must have an attached garage. Mr. Kelsey questioned if there were different rules for the Association. Mr. Mahood said even if you start construction on the house that is was not the construction of the garage. Mr. Mahood said you would have one year from the time the variance was granted to start construction on the garage. Mr. Kelsey said the Resolution book says you can put conditions on a variance. Mr. Pouliot said the owners were planning on building the garage within 2-year period.

Mr. Cutright asked if there was no way that the garage could be attached to the roadside of the house. Mr. Pouliot said no that this was the same house that he built two years ago down there (two lots over). Mr. Cutright asked if it had a garage. Mr. Pouliot said there was no attached garage but a detached garage was put in about two years later. Mr. Kelsey stated there were several house down there that did not have attached garages.

Mr. Mills questioned the pavement/gravel road. Mr. Pouliot said everyone uses the paved road. Mr. Mills asked how they proposed to get to the garage.

Mr. Kelsey swore in Steve Frank, 4770 Sundown Trail. Mr. Frank said he represented the Association. The gravel road is actually a gravel driveway that accesses four or five houses from the backside.

Mr. Mills asked when construction would begin. Mr. Pouliot said he would probably start mid September. Mr. Mills asked about completion. Mr. Pouliot said it would probably be in March. Mr. Mills asked Mr. Pouliot how many houses he had built in the area. Mr. Pouliot said this was his third house. Mr. Mills asked what was on Lot 27 and the alignment of the house. Mr. Frank said the Schlemmer house was on Lot 27 and on the other side was a cottage without a garage. Mr. Mills questioned the distance of the imaginary lot line from the house. Mr. Frank said it would be approximately 8 feet. Mr. Mills asked them to tell him why he should approve the garage to be 5 feet from gravel side and Lot 27. Mr. Pouliot said the terrain lends itself to that.

Mrs. Saillant had no questions.

Mr. Boring 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 2006-023. Mr. Mills made a motion to grant the variance for the side lot, recognizing that this is in the Association that is recognized by the State of Ohio prior to zoning and therefore being an Association there is no true designated lot lines. The proposed 24 x 24 garage and its exact location as shown on the plan must be started and completed within 24 months request from Section 310.08-C. Mr. Cutright seconded it. A vote was taken as follows: Cutright - Yes Mills - Yes Saillant - Yes Boring - Yes Kelsey - Yes. The motion carried unanimously (5/0).

Resolution ZBA 2006-024. Mr. Boring made a motion to accept the minutes of the July 18, 2006 with the following corrections, page 3, last paragraph, delete "flew off and", and page 4, 1st paragraph, "off to move back and go straight" should read "off to move the fence back and go straight", 6th paragraph "continuance" should be "continual", and page 4, last paragraph should read "Mr. Friedl said he would like the Board members to convince him that the fence was permitted. However, the zoning regulations are quite clear that a fence is still a fence even if it is a decoration. He read the definition for FENCE as it appears in our zoning code: "FENCE: Any structure composed of wood, iron, steel, masonry, stone or other material and erected....to enclose, secure...(or) decorate....all or any part of any premises." Mr. Mills seconded it. The motion carried unanimously (5/0).

Mr. Kelsey reminded the Board of the lawsuit regarding Portage Salt and Supply. A discussion followed pertaining to non-conforming use and the buildings and land and how to determine the 20% rule.

Mr. Mills 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