Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
August 17, 2010
The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, August 17, 2010 at 7:00 P.M. at the Rootstown Town Hall.
Deron Boring, Chairman
Also in attendance:
Zoning Inspector, Jim Mahood
Assistant Zoning Inspector, Van Black
ZBA Secretary, Mary Ann Greer
Mr. Boring called the meeting order. Mr. Boring introduced the Board members and explained the evenings' procedures.
The first item on the agenda was an application for a variance for frontage and side lots from section 350.05, 1 for property located at 4838 South Prospect Street (Parcel #32-020-11-00-058-001) in a C-2 District submitted by:Boso Rentals
4156 Summit St.
Ravenna, OH 44266
Mr. Boring swore in Jerry Boso, 4156 Summit St. Mr. Boso said he wanted a variance to build a building 32 x 52 southeast of the existing building. It was formerly known as Happy Tire. On the front building he would like to construct a 40 x 48 addition. He would like to try to improve the building since several buildings in the last few years have gone up. He showed the Board members a picture of the prospective building.
Mr. Mahood said that this was a unique piece of property due to the fact that it was a corner lot with 3 roads (Wilson, Broadway, and Prospect). There will be many questions - signage and parking. Parking will not change. The Board will be looking at parking setbacks which is already probably established with the building that is currently there. All three roads are classified as frontage.
Mr. Cutright asked if the mailing was Prospect. Mr. Mahood said that was correct.
Mr. Boso said Mr. Davis built it in 1960. There was a small driveway off Rt. 44. Later it was updated with a driveway off of Wilson. The sewer lines come off Wilson and the water/gas lines come off Prospect.
Mr. Mahood said the building was built prior to zoning and there were no setbacks. This is new to the Board. The building does not follow the guide lines in place now. There are residential homes there but it is a commercial zone.
Mr. Cutright asked what % of the block was residential. Mr. Mahood said there were 3 residential homes there. Mr. Cutright asked about the setbacks for Repair that Glass when it came before the Board. Mr. Mahood said it was before his time. Mr. Cutright asked if Mr. Black remembered the frontage on Wilson for Repair that glass. Mr. Black thought it was 20 feet because the lots were so small.
Mr. Ball had no questions at this time.
Ms. Milnes said she was concerned about the current building and leasing part of it. She asked if the other building would be leased too. Mr. Boso said he has a lease sign on every building. Ms. Milnes asked what the plans for the new building were. Mr. Boso said it would comply with all zoning requirements. There were no plans for the use of the building.
Mr. Boring asked the distance to the closest house. Mr. Boso said it was Mr. Thompson's house on the north side - 15 feet from the line. Mr. Boring asked about the building with a garage door on it. Mr. Boso said there was an ADA bathroom in it with a ramp. Mr. Boring asked if the new building would have a bathroom and garage door. Mr. Boso said it would have all of that.
Mr. Boring asked the audience if there were any questions, comments, or concerns.
Mr. Boring swore in Donovan Hysell, 4882 S. Prospect Street. Mr. Hysell asked what material would be used for the outside of the building. Mr. Boso said whatever the architect thinks would be best. Mr. Hysell remarked that he heard there was going to be a drive-thru. Mr. Boso said that had not been determined yet. Mr. Hysell said when the addition is put on doesn't there have to be a retention pond and where will the water go. Mr. Boso said the water would be drained into a 15,000 square foot dry well with a pumping facility to the ditch.
Mr. Boring said if a drive-thru was going in, they would have to come before the Board for approval.
Mr. Cutright asked Mr. Boso what his building was currently being used for. Mr. Boso said they were just storing materials in there.
Mr. Boring swore in Earl Thompson, 4850 S. Prospect Street. Mr. Thompson has lived there 31 years. Mr. Thompson's concern was what would be going into the buildings and why does he need all this space since the current building is just for storage. Mr. Boso said he pays himself rent for the current building. Mr. Thompson said he has three bedrooms on the south side close to the current building.
Mr. Boring informed everyone that the Board was just here to hear the setbacks and not the use of the buildings. Mr. Mahood said if it was a Conditional Use (CUP) and permitted by zoning, it would be allowed. It just depends on whom he rents the building to and then they might have to come before the Board if it is not a CUP.
Mr. Boring swore in Patricia Mazanek, 4858 S. Prospect Street. Mrs. Mazanek was concerned about what was going into the buildings and the speeding in a 25 MPH zone. Mr. Boring reminded the audience that the Board was not here to hear uses for the buildings. She voiced an opinion about the other business located nearby. She remarked about the speeding and the traffic.
Mr. Mahood stated the zoning issue was does the building fit on the property. Once the Board grants (yes or no) a variance what goes into the building must meet zoning or come back before the Board.
Mr. Boring swore in Judy Thompson, 4850 S. Prospect Street. Mrs. Thompson said she asked Mr. Boso, when he came over to show them the plans, what his intentions were fore the buildings. She was concerned about water flooding her property. She was also concerned about the property being rezoned without any notification.
Mr. Boring swore in Glenda Ney, 4822 S. Prospect Street. Ms. Ney said she lives next to the Lube Shop. She said it was not fair to have rezoned the property there.
Mr. Mahood said any flooding problems would have to be taken up by the Building Dept. They should take pictures before and after.
Mr. Boring read the definition code for Automotive.
Mr. Black explained the procedure for rezoning property.
Mr. Boring stated that the current building is 75 feet from Broadway. The new building would only be 28 feet from Broadway. The required setback on that is 70 feet from the right-of-way. There is a 60 foot right-of-way. If you look at from Wilson, the current building is 65 feet. The new building would only be 15 feet. The new building would only be 27 feet off of Prospect Street.
Mr. Cutright asked about the main traffic pattern be into the existing and the new buildings. Mr. Boso said basically the same as the existing building. The parking is parallel with Wilson Street. Traffic would enter off Wilson Street.
Mrs. Thompson asked if the frontage on Wilson was going to be concrete of gravel. Mr. Boso said it would be gravel. Mr. Mahood stated that new construction be asphalt or concrete.
Resolution ZBA 2010-011. Mrs. Milnes made a motion to deny the variance for both buildings based on impacting the neighborhood and communities from Section 350.05-1. Mr. Boring seconded it. A vote was taken as follows: Cutright - Abstain Ball - Yes Milnes - Yes Boring - Yes. The motion carried by a vote of 3/1.
Resolution ZBA 2010-012. Mr. Boring made a motion to accept the variance under Section 350.05 for only the front building closest to S. Prospect Street as presented in the plans and application for a variance of the size 48 x 40 feet and 27 feet from the road (does not include the rear building) based on the distance of other buildings in the area and would not change the character of the neighborhood. Mr. Cutright seconded. A vote was taken as follows: Ball: No Milnes: Abstain Cutright: Abstain Boring: Yes. The motion failed by a vote of 1/1/2,
Resolution ZBA 2010-013. Mr. Boring made a motion to withdraw his motion.
Resolution ZBA 2010-014. Mr. Cutright made a motion to table this variance for one month to obtain more information pertaining to the front building. Mr. Ball seconded it. The motion carried unanimously (4/0).
Resolution ZBA 2010-015. Mr. Cutright made a motion to accept the minutes of the June 15, 2010 with corrections. Mrs. Milnes seconded it. The motion carried unanimously (4/0).
Mr. Cutright made a motion to adjourn the meeting. Mr. Ball seconded it. Mr. Boring adjourned the meeting.
Deron Boring, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS
Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS