Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
October 19, 2010The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, October 19, 2010 at 7:00 P.M. at the Rootstown Town Hall.
Those present:
Troy Cutright
Patricia Saillant
James Manion
Derek BallThose absent:
Deron Boring
Jennifer MilnesAlso in attendance:
Zoning Inspector, Jim Mahood
Assistant Zoning Inspector, Van Black
ZBA Secretary, Mary Ann GreerMr. Cutright called the meeting order. Mr. Cutright introduced the Board members and explained the evenings' procedures. Mr. Cutright asked Mr. Mahood if he had anything for the Board.
Mr. Mahood said Mr. Holland did not have the approval of the Sandy Lake Inc. when he submitted the application but when he got the approval, he brought it. The Board now has the approval from Sandy Lake Inc.
The first item on the agenda was an application for a variance from Sections 310.05, D, 2, and 310.09, B, 1, C, and 410.05, D, 2 for property located at 4728 Sun Down Trail (Sandy Lake Inc.) in a R-2 District submitted by:
Keith Holland
1500 Genoa Ave., S. W.
Massillon, OH 44646Mr. Cutright swore in Keith Holland, 1500 Genoa, S. W., Massillon, Ohio. Mr. Holland stated that they would like to tear down the old cottage and build a new cottage with a detached garage. The new cottage would be back from the road and more in line with the rest of those there. It would be 40 feet long in place of the 20 feet old cottage.
Mr. Manion had no questions.
Mrs. Saillant had no questions.
Mr. Ball had no questions.
Mr. Cutright asked the audience if there were any questions, comments, or concerns.
Resolution ZBA 2010-019. Mr. Manion made a motion to grant the variance for an new cottage to be built with the old one being torn down from Sections 310.05, D, 2, 310.09, B, 1, C, and 410.05, D, 2 recognizing that this is in the Sandy Lake Inc., one of three lake area developments in which we deal with all of which have a copy on file recognizing that the property owner is of one person none of these properties have a true lot of record therefore it requires the owners approval before coming to the Zoning Board of Appeals. Mrs. Saillant seconded it. A vote was taken as follows: Saillant � Yes Manion - Yes Ball - Yes Cutright - Yes. The motion carried unanimously (4/0).
The second item on the agenda was an application for a variance from Section 310.09, B, 1 to add two additional storage units in area already established for property.05, D, 2 for property located at 4635 Brow Rd. (Muzzy Lake Inc.) in a R-2 District submitted by:
James Eden
4635 Brown Rd.
Ravenna, OH 44266Mr. Cutright swore in James Eden, 4635 Brown Road. Mr. Eden said he lived in Muzzy and there are numerous garage storage units in a designated area. The reason his address is 4635 Brown Road; it is separate from the actual area in which these units are located. There are two 20 x 28 feet garage units built as a pole building.
Mr. Ball had no questions.
Mrs. Saillant had no questions.
Mr. Manion had no questions.
Mr. Cutright asked the audience if there were any questions, comments, or concerns.
Resolution ZBA 2010-020. Mr. Manion made a motion to grant the variance for two additional storage units from Section 310.09, B, 1, C recognizing that this is in the Sandy Lake Inc., one of three lake area developments in which we deal with all of which have a copy on file recognizing that the property owner is of one person none of these properties have a true lot of record therefore it requires the owners approval before coming to the Zoning Board of Appeals. Mrs. Saillant seconded it. A vote was taken as follows: Manion � Yes Saillant - Yes Ball - Yes Cutright - Yes. The motion carried unanimously (4/0).
The Third item on the agenda was an application for a variance from Section 310.04, D for an addition of a garage with living space above connected to existing structure for property located at 4764 Melverta Dr. (Muzzy Lake Inc.) in an R-2 District submitted by:
Jacob Geopfert
4764 Melverta Dr.
Ravenna, OH 44266Mr. Cutright swore in Jacob Geopfert, 4764 Melverta Drive. Mr. Geopfert said he would like to put a garage with a living space above it which would include a kitchen, living room and bedroom.
Mrs. Saillant had no questions.
Mr. Manion remarked that the addition would be bigger than the existing house. Mr. Geopfert said it was 200 square feet.
Mr. Ball had no questions.
Mr. Cutright asked when the unit had been built. Mr. Geopfert said it was built in 1935. Mr. Cutright asked the distance of the structure that was to be built to the road. Mr. Geopfert said it was 6 or 7 feet. Mr. Cutright asked about the distance of another structure on the other side of the driveway. Mr. Geopfert said it was about 10 feet.
Mr. Cutright asked the audience if there were any questions, comments, or concerns.
Resolution ZBA 2010-021. Mr. Manion made a motion to grant the variance for the garage from Section 310.04, D recognizing that this is in the Sandy Lake Inc., one of three lake area developments in which we deal with all of which have a copy on file recognizing that the property owner is of one person none of these properties have a true lot of record therefore it requires the owners approval before coming to the Zoning Board of Appeals. Mr. Ball seconded it. A vote was taken as follows: Ball � Yes Saillant - Yes Manion - Yes Cutright - No. The motion carried by a vote of 3/1.
The fourth item on the agenda was an application for a variance from Sections 420.08, C, 2 and 420.05, B that would allow them to attach a vinyl banner with their name and an arrow on it, or paint their name and an arrow on an existing wooden privacy fence that borders their driveway for property located at 4960 S. Prospect St. in a L-1 District submitted by:
Access To Independence
Vincent Pelose, CEO
4960 S. Prospect St.
Ravenna, OH 44266Mr. Cutright swore in Vincent Pelose, 3162 Sandy Lake Road. Mr. Pelose said they had been at that property since 1990. They have tried to make improvements to the property and as they have done that; they have added some buildings. They have a very large showroom. The problem with the property is the long narrow drive which then opens up into about 17 acres. About 5 years ago, they put a digital sign which has helped some but people still are not aware or able to find ATI (Access to Independence). After twenty years, they still find people saying it is hard to find.
Mr. Pelose said the only building you can see from the road is a double car garage. They did put a sign up but when they were told it was in violation, they took it down. While it was up, their walk-in traffic increased almost 300%. They are getting many referrals from other agencies. They have a large display in the showroom so people can see what it is before getting it.
Mrs. Saillant had no questions.
Mr. Manion asked Mr. Mahood if this was to be a temporary banner. Mr. Mahood said the reason they were here was they wanted it to be permanent. Mr. Manion stated that a sign for commercial business was a lighted sign (50 square feet) which was already there. Mr. Manion asked Mr. Pelose what the size of their sign was. Mr. Pelose said the sign has their logo and information on the top of it (3 x 5) and the rest of the sign is where they put other information (4 x 5). Mr. Mahood said the masonry work does not count in the square footage (just the sign part). Mr. Manion said in the 20 years they were had they not thought of expanding their sign. Mr. Pelose said they had another sign there before they went digital with one complete sign. Mr. Manion asked if the variance was granted were they going to tear down the other sign. Mr. Pelose said no there would be two signs.
Mr. Ball had no questions.
Mr. Cutright asked the audience if there were any questions, comments, or concerns.
Mr. Cutright swore in Larry Johnson, 2609 Winchell Road, Aurora, Ohio. Mr. Johnson, service manager, said they have many clients that have special needs. People are having trouble finding them. The sign that was put up was designed within the lines with large print. They are requesting it be put on the fence which is about 40 feet off the road and has an arrow pointing back. The building cannot be seen from the street. It tells people to go down the driveway. People have said they never knew we were there.
Mr. Mahood said he talked over the different scenarios and that is why on the application you see Section 420.05 D. The building is setback more than 200 feet where you are allowed a larger wall sign attached to the building with tree cover you wouldn�t see it.
Mr. Cutright said the traffic coming from the north wouldn�t be able to see it. Mr. Pelose said they would like to put it on the other side as well but they felt it was pushing it.
Mr. Cutright swore in Robert Swauger, 5479 Camp Road. Mr. Swauger said he was wondering who owns the fence. The reason for this he has repaired it numerous times when it was needed. He said he had a business next door (north of fence).
Mr. Pelose said the fence was 5 feet into his property. Mr. Pelose said they had 80 foot frontage. Mr. Manion asked who had constructed the fence. Mr. Pelose said they did. The previous owner to the home on the north side had asked them to put something up because he had an issue with the noise of cars going in and out. They constructed a solid fence (6 feet high 48 feet long).
Mr. Manion asked what would be the hardship after being in business 20 years if the Board did not grant the variance. Mr. Pelose said it was a novel opportunity when they started the business. The hardship is making sure that our special needs people can find us. It is a busy street and when people stop suddenly, there could be accidents. They just want people to be aware of their business.
Mr. Cutright asked when the fence was built. Mr. Pelose said it was about 1995. Mr. Cutright asked if they had gotten a permit for it. Mr. Pelose said they had. Mr. Cutright stated that the good side should face the neighbor. Mr. Black said he did not think it was in the book back then.
Mr. Manion asked if the request was for a banner on just one side of the fence at this time. Mr. Pelose said that was correct. On the other side, because of trees and foliage it would not be seen as well. Mr. Manion stated that most of the signs along Prospect were standard. How many of those businesses might want a banner after seeing one at ATI. Mr. Pelose said most of those businesses have frontage to Prospect where ours unfortunately does not. When we bought the property back in 1990, we knew the building was setback and since then have expanded a lot. Now we have a showroom and there is more traffic.
Mr. Cutright asked if the banner had affected any of the other businesses and was there any feedback. Mr. Pelose said it does help since the hall sits back approximately 400-500 feet.
Resolution ZBA 2010-022. Mrs. Saillant made a motion to grant the variance for a banner) 3 x 40 feet) attached to the existing fence from Sections 420.08C, 2, and 420.05, B. Mr. Manion seconded it. A vote was taken as follows: Manion � No Saillant - No Ball - No Cutright - No. The motion failed by a vote of 4/0.
Mr. Pelose asked if there was any other solution to the signage for the property. Mr. Mahood said they could have an additional 30 square foot signage that they were entitled to. Right now they were permitted to as a free standing sign 50 square feet but they have only used 20 square feet.
Mr. Cutright swore in Eugene Mills, 3111 Bird Drive, Ravenna. Mr. Mills commented on the last application. He said if the records were researched in fine details, they would find information missing tonight. The fence was put up, not at the request of the previously owner but at the demands of the Trustees. The facing was at the request of the previously owner to the north. The original purpose of that building was a well known use. It was not a day-to-day walk-in trade. It was basically a hall. The way that property is sitting back there is unique. It is not like any other property up and down Route 44. It should be taken into consideration. A business in this day and age needs help. This Board originally granted that business back there that could be classified as a flag lot.
Mrs. Saillant said there was a sign there and it was not like the Board was not granting a sign. They could make the sign bigger. Mr. Pelose said that at the time they put the sign in, they could not make it any larger than the one that was already there. The sign is a digital one and you cannot slow it down enough so people can read it going 45 miles per hour.
A discussion followed on signage.
The Board took a five minute break to look at some additional information. Mr. Cutright said they looked at different sections in the book. The Board did no change their minds.
The fifth item on the agenda was an application for a variance from Section 310.09, J, 2 for a swimming pool for property located at 4822 Kelly Ave. in an R-2 District submitted by:
Brian Rentsch
4822 Kelly Ave.
Ravenna, OH 44266Mr. Cutright swore in Brian Rentsch, 4822 Kelly Avenue. Mr. Rentsch said he would rather the Board ask him the questions and he would answer them.
Mr. Ball had no questions.
Mr. Manion had no questions.
Mrs. Saillant had no questions.
Mr. Cutright asked if the plans had been presented to the zoning or the building department. Mr. Rentsch said to start out with prior to submitting for a zoning permit, he called the zoning office and asked what was required to get the permit. All that was needed would be a drawing of the site plan to scale. This was turned in June 7th. Mr. Cutright said the next 3 pages were not attached to the application the Board had received first. Mr. Rentsch said those went to the building department. He then called the building department to see what was needed and was told he needed a zoning permit and the plans.
He started to build the deck July 3rd. Mr. Black stopped by to look at the progress and at that time he was working on the floor of the deck and the posts stuck up 7-8 feet above the deck surface. Mr. Black asked if he was going to put a roof on it. Mr. Rentsch said no, he was going to put a privacy panel and until he determined the height he would trim them down later.
Mr. Black said he would need a gate to restrict it from the yard. He then told Mr. Black how he would enclose the deck with the privacy panel. Mr. Black said everything looks good. He continued to work on the deck as it was drawn and accepted for zoning and building permits (Section310.09, I, 1 which requires a pool to have a barrier of a minimum 4 feet high). This would be necessary for almost the entire deck.
Mr. Mahood said he did purchase 2 permits (1 for the pool and the other one for the deck).
Mr. Rentsch said what it really comes down to is the perimeter (a fence or part of the deck). The opinion of the building department is that it is not a fence. He referred to the zoning code book. There are a couple of others in Rootstown, where the deck comes out higher than 6 feet above the grade and has a rail. Mr. Cutright asked if the rail was solid. Mr. Rentsch said it had some openings.
Mr. Cutright asked if the new deck was connected to the house. Mr. Rentsch said it was. He had a discussion with Mr. Mahood about the railing and what could v be done. To cut it down would be in violation of the building code. Also with small children, it would not be safe. Mr. Cutright asked about the height from the top of the deck to the railing. Mr. Rentsch said it would be 20 inches. Mr. Rentsch stated it would not set precedence in Rootstown.
Mr. Rentsch showed the Board pictures of other pools in Rootstown.
Mr. Cutright asked the audience if there were any questions, comments, or concerns.
Mr. Cutright swore in Jeff Smith, 4814 Kelly Avenue. Mr. Smith said he lived next to Mr. Rentsch and he had no problems with it. He would like some landscaping to soften it up. Mr. Cutright swore in Toccara Mullenix, 4821 Jennifer Avenue. Ms. Mullenix said she lived directly behind Mr. Rentsch. She did not see any problem with it.
Mr. Cutright swore in Anne Mullenix, 4954 Kelly Avenue. Mrs. Mullenix said it didn't affect her and with some landscaping done, it will look good. Mr. Rentsch said he would paint the fence and do some landscaping.
Mr. Cutright swore in Susan Kishton, 4847 Jennifer Avenue. Ms. Kishton lives close to Mr. Rentsch. The deck and pool are beautiful. She would like to see more sea grass on the eastside.
Mr. Rentsch referred to some pictures that were taken and other neighbors said that it looked good.
Mr. Cutright asked Mr. Mahood what he would tell Mr. Rentsch to do to comply with the building department and our zoning. Mr. Mahood said he didn't have to look at the details of how it was built or where it is built. Mr. Cutright said what Mr. Mahood would tell him to do without a variance. Mr. Mahood said he tell him to remove the fencing but put up a railing. He would have to call the building department and see how it should be constructed.
Mr. Cutright swore in Michelle Rentsch, 4822 Kelly Avenue. Mrs. Rentsch said when Mr. Mahood came out and saw it, he was okay with it. The only reason he went to the prosecutor was because of complaints. They have done everything that was requested. Mr. Black stated when he went out there and looked at it, everything looked good and was built well.
Resolution ZBA 2010-023. Mr. Cutright made a motion that the variance from Section 310.09, J, 2 for the swimming pool property located at 4822 Kelly Avenue and the swimming pool is not in question it would be the fence/railing classification on the deck which is hooked to the house be withdrawn. Mrs. Saillant seconded it. A vote was taken as follows: Saillant - Yes Manion - Yes Ball - Abstain Cutright - Yes. The motion carried unanimously (3/0/1).
Mr. Mahood said there needs to be a definition for railings.
Resolution ZBA 2010-024. Mrs. Saillant made a motion to accept the minutes of September 21, 2010 meeting, Mr. Manion seconded it. The motion carried unanimously (4/0).
Mrs. Saillant made a motion to adjourn the meeting. Mr. Cutright Seconded it. Meeting adjourned.
Troy Cutright, Vice Chairman
ROOTSTOWN ZONING BOARD OF APPEALSMary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS