Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
September 19, 2006

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, September 19, 2006 at 7:00 P.M. at the Rootstown Town Hall.

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

Those absent:

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

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 310.05-1-B for setbacks from roadway for property located at 4720 Sundown Trail in a R-2 District submitted by:

Pat & Elsie Gintert
728 East Main Street
Ravenna, OH 44266

Mr. Kelsey swore in Pat Gintert, 728 East Main Street. Mr. Gintert said they would like to build a home on lot 45 at Sandy Lake and tear down the old cottage. The new house would not be any closer to the road then the old cottage. They were looking for a setback from the road. The house would be in line with most of the other houses there. Mr. Kelsey reminded everyone of the agreement the Board had with the Association.

Mr. Friedl had no questions.

Mrs. Saillant had no questions.

Mr. Boring had no questions.

Mr. Cutright 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 2006-025. Mr. Friedl made a motion to grant the variance request from Section 310.05-1-B. Mrs. Saillant seconded it. A vote was taken as follows: Saillant - Yes Friedl - Yes Boring - Yes Cutright - Yes Kelsey - Yes. The motion carried unanimously (5/0).

The next two applications are for Conditional Use Permits (CUP) from Section 310.03-A-2 to build a two family dwellings on vacant property (parcel #32-020-11-00-149, 150, 151, & 152 and vacant property (parcel # 32-020-11-00-153, 154, 155, and 156) located in the Ravenna Building Allotment in an R-V District submitted by:

Ed Wilson
5115 Sunnybrook Rd.
Kent, OH 44240

Mr. Kelsey swore in Ed Wilson, Jr., 5115 Sunnybrook Rd. and Ed Wilson, III, 4818 Smith Rd. Mr. Wilson said they would be splitting the lots into two lots and building duplexes on the lots.

Mr. Friedl remarked that this request was similar to the previous requests and they were combining the 4 lots to give them sufficient area and dimensions to build a duplex. The Wilson's' were here before the Board because it is required (anyone must for a Conditional Use Permit).

Mrs. Saillant had no questions.

Mr. Boring had no questions.

Mr. Cutright had no questions.

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

Mr. Kelsey swore in Dale Mason, 4846 Lane Ave., and a property owner in that area since 1988. Mr. Mason said he had an issue with all the duplexes going and the problems with the tenants of those duplexes. The cars race through the area causing a safety hazard. The value of his property is going down.

Mr. Kelsey said this was not a matter for the Zoning Board of Appeals. If they were violating zoning then our Zoning Inspector could issue a citation. In the other matters the only options available would be the Sheriff's Department and the Trustees. Mr. Mason said the streets were basically dead-end streets.

Mr. Mahood said maybe Mr. Mason could go to the Trustees meeting and what the possibility of getting a speed limit for 25 MPH. Mr. Mahood said that area was going to be paved shortly. Mr. Friedl said Mr. Mason could speak to the Trustees who establish the regulations. He could also speak to the Zoning Commission. The ZBA cannot change them but must follow them.

Mr. Mason then asked why he was notified if anything he says would not stop it. Mr. Friedl said Mr. Mason had a right to know and he could speak about it. Mr. Mason said that anything he said tonight could not stop the building of duplexes in that area. Mr. Friedl said Mr. Mason had the right to know.

Mr. Kelsey reviewed the application

Resolution ZBA 2006-026. Mr. Friedl made a motion to grant the Conditional Use Permit (CUP) request from Section 310.03-A-2 to build a duplex on lots 149, 150,151, and 152 in the Ravenna Building Allotment. Mrs. Saillant seconded it. A vote was taken as follows: Cutright - Yes Boring - Yes Saillant - Yes Friedl - Yes Kelsey - Yes. The motion carried unanimously (5/0).

Resolution ZBA 2006-027. Mr. Friedl made a motion to grant the Conditional Use Permit (CUP) request from Section 310.03-A-2 to build a duplex on lots 153, 154,155, and 156 in the Ravenna Building Allotment. Mrs. Saillant seconded it. A vote was taken as follows: Saillant - Yes Boring - Yes Cutright - Yes Friedl - Yes Kelsey - Yes. The motion carried unanimously (5/0).

Last on the agenda was an application for a Conditional Use Permit (CUP) from Section 310.03-A-2 to build a two family dwelling on vacant property (parcel #32-020-11-00-137, 138, 139, & 140 located in the Ravenna Building Allotment in an R-V District submitted by:

Steve King
10709 SR 84
Concord, OH 44077

Mr. Kelsey swore in Steve King, 10709 SR 84, Concord, Ohio. Mr. King said they were planning on removing the trailer, garage and fencing from the lots in order to put up a duplex. He wanted to work with the neighbors in that area and improve the water situation.

Mr. Cutright questioned the permit for a duplex on Lane and the porch being torn down. Mr. King said he had one year from the time the building was constructed. Mr. King said hopefully it would be done by February.

Mr. Kelsey asked the Zoning Inspector about the setbacks. Mr. Mahood said the requirements were 40 feet of the roadway, 18 feet off the boundary line and 20 feet off the other more than sufficient. Mr. Kelsey asked if each side of the duplex would have its own driveway. Mr. Wilson said they would have their own but it would merge together similar to the one on Perishing.

Mrs. Saillant had no questions.

Mr. Boring had no questions.

Mr. Friedl had no questions.

Mr. Mills said he had deep concerns for the driveway and the markings between it as not being a shared driveway. There is no provision in our zoning that permits shared drives. This plan does not show divided driveways. Mr. Kelsey said the Board had established precedence on Lynn Road. There are two duplexes there that have shared driveways, which are 24 feet wide.

A discussion followed on shared and separate driveways of duplexes in Rootstown. Mr. Mills said the zoning code took out shared drives and if you look at the definition of shared drive - common driveway. Mr. Friedl said the driveways were separate even if they were joined.

Mr. King asked about the occupancy of the duplex without the landscaping being done. Mr. Mahood said all applications are forwarded to the Trustees. Mr. Kelsey said there were buffers required between commercial and residential but as far as duplexes, there was no barrier required.

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

Mr. Kelsey reviewed the application

Resolution ZBA 2006-028. Mr. Friedl made a motion to grant the Conditional Use Permit (CUP) request from Section 310.03-A-2 to build a duplex on lots 137, 138, 139, and 140 in the Ravenna Building Allotment. Mrs. Saillant seconded it. A vote was taken as follows: Boring - Yes Saillant - Yes Cutright - Yes Friedl - Yes Kelsey - Yes. The motion carried unanimously (5/0).

Resolution ZBA 2006-029. Mr. Cutright made a motion to accept the minutes of the August 15, 2006 with the following changes, page one move Alfred Friedl from the absent column to the present and page 1, paragraph 4, add, "approved " after garage location. Mrs. Saillant seconded it. The motion carried unanimously (5/0).

Mr. Cutright made a motion to adjourn the meeting. 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