Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
August 16, 2011

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, August 16, 2011 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright
Patricia Saillant
Jennifer Milnes
Derek Ball

Those absent:
James Manion

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 asked Mr. McIntosh if he wanted to be heard by a full Board or be heard by the members that were present tonight. Mr. McIntosh said he would like to be heard tonight. Mr. Cutright swore in J. D. McIntosh, brother-in-law of James Berger, 3334 Lexington Ave., Lorain, Ohio. Mr. Cutright swore in James Mahood, Zoning Inspector. Mr. Cutright introduced the Board members and explained the evenings' procedures.

Brett Housley, Trustee, addressed the Board and asked if there were any questions. There were none. He told the Board if there were any questions don't hesitate to call him.

The first item on the agenda was an application for a variance to replace the existing garage with a bigger garage in the same location from Section 310.09, B, 1, C for property located at 3959 St. Rt. 44 in a V-C District submitted by:

James Berger
3959 St. Rt. 44
Rootstown, OH 44272

Mr. McIntosh stated the insurance company would cancel the insurance on the garage if it was not repaired. It needs a new roof and the foundation needs to be repaired. The current garage (20 x 20) is not big enough for Mr. Berger's truck and boat. He would like to increase the size to 24 feet wide and 30 feet deep. His lot is very deep but only 60 feet wide. The current garage sits approximately 2 feet on the property line on the south side. The neighbor has no problem with the setbacks. The Garage would be built on the site of the old garage. The driveway matches up to it. There is a big maple tree (3 feet in diameter) back there. Also there is a current pad there. Mr. Berger would not want to remove the maple tree. There is some drainage back of the garage.

Mrs. Saillant inquired about the old garage. Mr. McIntosh said it would be torn down. Mrs. Saillant asked what was on the south side of the property. Mr. McIntosh said there was nothing there.

Mr. Cutright stated if part of the old garage was used, they would just be replacing the garage but it would be a little bigger. Mr. Cutright thought the slab was part of the structure.

Ms. Milnes had no questions.

Mr. Ball had no questions.

Mr. Mahood said the slab was not part of the structure. He then read from the zoning code book.

Mr. McIntosh described the new foundation on the old garage. It was a couple of blocks above the ground. The block wall on south side would stay.

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

Resolution ZBA 2011-009. Ms. Milnes made a motion to grant the request for an addition to be added to the existing garage from Section 310.09, B, 1, C. Mrs. Saillant seconded it. A vote was taken as follows: Saillant - Yes Ball - Yes Milnes - Yes Cutright - Abstain. The motion carried by a vote of 3/1.

Mr. Mahood informed the Board they would probably be hearing a variance from Boso next month. He had talked with Mr. Meduri about the rental property (Boso). The Board would have to come up with a single frontage. Where is the frontage located? The true frontage would be Prospect Street. Mr. Meduri's opinion, there is nothing wrong with it. It doesn't matter what goes in it. Mr. Boso's variance is for an addition off the existing building. It is different from last time. Mr. Mahood showed the Board Mr. Boso's plan.

Mr. Mahood said there might be three to be heard next. The Boso variance, one from Sandy Lake and a Conditional Use Permit (CUP) for a used car lot between the flower shop and restaurant on Prospect Street coming before them next month.

Resolution ZBA 2011-010. Mr. Ball made a motion to accept the minutes of July 17, 2011 meeting. Mrs. Milnes seconded it. The motion carried unanimously (4/0).

Mr. Cutright adjourned the meeting.

Troy Cutright, Vice Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS