Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
October 21, 2008

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, October 21, 2008 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright, Chairman
Patricia Saillant
Eugene Mills
Deron Boring
Jennifer Milnes
Diane Esola
James Manion

Those absent:

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.

On the agenda was the Conditional Use Permit applied for by Bonnie Klusty. New data was to be presented by her.

Mr. Mahood read a letter he had received from Mr. Klusty in regards to her application. Mr. Klusty asked that the application be withdrawn and the fee paid be returned to him in full. Mr. Mahood gave the Board a copy of the Ohio Revised Code.

A discussion followed.

Mrs. Milnes inquired if the Board was looking at Section 390.06 K of the codebook. Mr. Cutright stated if there were 2 patients or less; they did not have to be current on their license. Mr. Mahood said as of last week they only had 2 patients. Mr. Mahood read the definition of family. The State license had lapsed.

Mr. Mills said handicap didn't come up last meeting and there was a passing thought that there maybe handicap. Mr. Mahood said the way the Klustys' testified there were no medical services there. Mr. Mahood read the definition of handicap. Mr. Mahood said the Klustys' said they had room for 5 patients. Mr. Mills said the Klustys' said they had 5 patients who were unable to dress or feed themselves. Mr. Mills said that at no time did they talk about handicap. At this point in time tonight, Mr. Mills said he did not believe the papers given him. Mr. Mills asked if Chris had reviewed the papers. Mr. Cutright said Chris had seen the papers this morning. Mr. Mills said if this is true; Chris has been a master failure along with the Regional Planning with our code. This piece of paper says 1990, that is a great injustice to this Board and to the community. Where is the Zoning Commission on this? Mr. Mahood said he went back and pulled out the revised code definition of the adult care facility. Mr. Mahood read the definition.

Mrs. Milnes referred to our code where they would need a license and the license had lapsed. Mr. Mahood said that was grounds for the denial. That is one reason. Mr. Mills said that the other reason, was according to our code, it needs two acres. Mr. Mahood referred to the zoning code book under conditional use for residential family home for handicap. Mr. Mills said the application was put out under Section 390.04, 1. Mr. Mahood said he dealt with Mr. Klusty with the application. Now someone else is coming in and testifying.

Mr. Cutright said everything is a little gray. Mr. Meduri said the Ohio Revised Code is a little gray. The Board is not given all the information from the applicant. Last month, Mrs. Klusty said the Fire Department could come in and inspect the facility if they called ahead of time. Mr. Mills said from the Board's standpoint no one is allowed in.

Mr. Mahood said one problem is the lapsed license. Mr. Mills asked when the license lapsed. Mr. Mahood said that according to the Klustys it lapsed a month ago. Before a license can be renewed, the facility has to be inspected and brought up to standards. The Fire Department doesn't remember issuing a certificate for but would check on it and get back with Mr. Mahood. Mr. Mills asked if the Trustees were aware of this. Mr. Mahood replied they were not. They would be informed at the next meeting.

Mr. Mills said that there were problems with the zoning book and it would take up to a year to revise it.

Mrs. Milnes asked if they had only 2 patients, why were they going through all this. Mr. Mahood said it was not just 2 but you would have to look at the possibility of 5 patients being there.

Mr. Mills stated that he didn't believe the papers and information given to him. There are too many differences between tonight's information and what the Board had heard a month ago(handicap, 2 instead of 5). If this is true, there is one heck of a mess.

Mr. Manion asked if the Board could make a decision that supercedes the Ohio Revised Code. Mr. Mills stated the Board could not supercede the Ohio Revised Code.

Mr. Cutright asked Mr. Mahood if he had seen a license. Mr. Mahood said he did not. Mr. Manion said if this was correct, why would the Board have to be meeting. The license was a health issue and not a zoning issue.

Mr. Mahood said if the sign hadn't been there and a notice in the paper, the Township probably wouldn't have known about it. There were never any complaints. The sin has to come down. Mr. Mills asked Mr. Mahood how much of the book could be trusted especially the R-1 section. Mr. Mahood said until a subject is brought up, you don't know about how the book handles it.

Mr. Mills said the chairman of the Board of Appeals does have the authority to hire an investigation and at the Trustees cost. It has been used only once. Mr. Cutright asked Mr. Mahood if they needed the Trustees approval before doing it. Mr. Mahood said yes.

Mr. Black said in the R-1 section, it is pretty much on, occasionally this contradicts this and it has to be run into before it can be corrected.

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

Mr. Cutright swore in Richard Carl, 4856 New Milford Rd. Mr. Carl asked if he could start a business without a CUP in an R-1 District. Mr. Mahood said no but there are certain businesses permitted.

Mrs. Kropp questioned how in the past month the patients went from 5 to 2. Mr. Mahood said he could ask to inspect the home but they could refuse to let him go in. Mr. Black said after the last meeting, he stopped at her house. He wanted to see the outside of the house. He drove in the driveway and Mrs. Klusty came out. She remembered him from the meeting and questioned why he was there. Mr. Black said he wanted to see what was there. She asked him if he would like to come in. Mr. Black said that he just wanted to what was there.

Resolution ZBA 2008-018. Mr. Mills made a motion to accept the minutes of the September 16, 2008 with the following corrections; page 10 change 460 to "390.06 K 8 and 390.04 - 1, page 11, first paragraph after Ohio insert "Mr. Denning made the remark that Mr. Mills was an atheist" which was denied, and page 11, first paragraph "during" should be "doing". A vote was taken as follows: Milnes - Yes Esola - Yes Mills - Yes Cutright - Yes. The motion carried unanimously (4/0).

Resolution ZBA 2008-019. Mr. Mills made a motion based on the letter received that the request for a refund be denied. A vote was taken as follows: Esola - Yes Mills - Yes Milnes - Yes Cutright - Yes. The motion carried unanimously (4/0).

Mr. Cutright adjourned the meeting.

Troy Cutright, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS