Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
September 21, 2010

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, September 21, 2010 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright
Jennifer Milnes
Patricia Saillant
James Manion
Derek Ball

Those absent:
Deron Boring

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 introduced the Board members and explained the evenings' procedures.

The first item on the agenda was a tabled application for a variance for frontage and side lots from Section 350.05, 1 for a building to be put on the property located at 4838 South Prospect street(Parcel #32-020-11-00-058) in a C-2 District submitted by:

Boso Rentals
4156 Summit Rd.
Ravenna, OH 44266

Mr. Cutright swore in Jerry Boso, 4156 Summit Rd. Mr. Boso. Mr. Boso said he altered his plans a little bit. The free standing building is now going to be 32 x 48 feet. The free standing building will be coming in.2 feet closer to the existing building and will be 17 feet from the line. It will be 32 feet off the right-of-way (Broadway St.) This is approximately 3 feet shorter than his two neighbors. Mr. Boso showed the Board some pictures.

Mr. Cutright read the section on page 9 of the September 19, 2001 minutes starting with paragraph 7, Mr. Friedl commented that his reason for supporting it was something would be built there but what came next could be better or worse. We cannot say we are against commercial because that is a proper use of that land. Commercial will be there. If you take a look at the surrounding businesses, the setback lines are as good as or better than those across the street. It fits into that area better than those that are there. Other uses could be more objectionable than this one. Traffic on Wilson Avenue will increase over time since that area is commercial. Mr. Cutright also read the section on page 5 of the October 16, 2001 minutes starting with paragraph 3, Mr. Friedl summarized his reasoning, good or bad, for the decision he made on setback requirements. Because it was a corner lot, there were setback requirements from all directions, which essentially eliminate the use of the lot. If that were what the Zoning Resolution desired, there would not be a single lot that could be used. If other places did not meet those requirements, the Board would not have to hold other businesses to those requirements. There was only one business in that area that met the zoning requirements.

Mr. Cutright said that Dr. Friedl was looking at the Happy Tire building. It was Tire Repair (automotive repair), then the box company, and Repair That Glass.

Mr. Boso commented that it was a real state of the art building. It was open for about nine years. It was good for the Township.

Mr. Ball asked if Mr. Boso knew what might go in there. Mr. Boso said he didn't know what would be going in it.

Ms. Milnes had no questions.

Mrs. Saillant asked about the parking and signs. Mr. Mahood said that would be taken care of when they knew what businesses were going in.

Mr. Manion asked about the distance to Route 44 for the attached addition that was going out front next to Route 44 and was the house that was north of it closer to Route 44. Mr. Boso said it was. Mr. Manion asked about the parking area that was graveled. Mr. Boso said he planned to extend the parking to the west. Mr. Manion asked if the free standing building could be tied into the other building. Mr. Boso said there was a drive thru in the back and if it went to the east, it would be on the right-of-way.

Mr. Ball asked about the entry on the building and if it was a garage door. Mr. Boso said it was a garage door.

Mrs. Saillant questioned if a semi truck could get in there. Mr. Boso said no semis, just service trucks.

Mr. Manion asked about the application and if it was for both buildings together. Mr. Boso said that was correct. Mr. Manion said he noticed that at the meeting a month ago when he wasn't there, that they separated the vote. Mr. Cutright said one was against and one failed because of tabling for information for tonight's meeting.

Mr. Mahood stated that the 17 and 32 are not right-of-way numbers.

Mr. Manion questioned if the Board would grant setback conditions regardless of what the building is being used for. Mr. Cutright stated as long as they fill the requirements when they apply for a permit. Mr. Mahood referred to Section 350.03 (list of uses).

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

Mr. Cutright swore in Donald Hysell, 4882 South Prospect Street. Mr. Hysell questioned that the free standing building was denied. Mr. Cutright said it was but the Zoning Inspector stated if there was new information, it could be reopened. Since Mr. Boso had reduced the size, the Board could reopen it if they wanted to.

Mr. Cutright swore in Patricia Mazanek, 4858 Broadway Street. Mrs. Mazanek said she questioned why the Board would bring up the free standing building when it had been denied. She was still concerned with what would go into the building.

Mr. Cutright reminded the Board that they could vote on both the free standing building and the addition, if they so desired since there was new information presented to them.

Resolution ZBA 2010-016. Mr. Manion made a motion to grant the new attached 40 x 48 foot new addition to the front of the building from Section 350.05, 1. Mr. Cutright seconded it. A vote was taken as follows: Manion - Yes Milnes - No Saillant - No Ball - No Cutright - Abstain. The motion failed by a vote of 1/3/1.

Mr. Cutright asked about the free standing building. Mr. Mahood said there was new information and the Board could accept or deny the information.

Resolution ZBA 2010-017. Mr. Cutright made a motion to let the motion from last month stand on the new free standing structure. A vote was taken as follows: Manion - Yes Milnes - Yes Saillant - Yes Ball - Yes Cutright - Abstain. The motion carried by a vote of 4/0/1.

Resolution ZBA 2010-018. Mr. Ball made a motion to accept the minutes of August 17, 2010 meeting with corrections. Mrs. Milnes seconded it. The motion carried unanimously (5/0).

Mr. Cutright adjourned the meeting.

Troy Cutright, Vice Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS