Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
November 16, 2010

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, November 16, 2010 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Deron Boring
Troy Cutright
Jennifer Milnes
James Manion

Those absent:
Patricia Saillant
Derek Ball

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 of 30 feet off the right-of-way of Sandy Lake Road from Section 310.05, 1, B for property located at 4777 Sandy Lake Road (Parcel #32-018-00-00-020-000) in an R-1 District submitted by:

David L. & Judy A. Cochran
P. O. Box 321
Kent, OH 44240

Mr. Boring swore in David and Judy Cochran, 946 Cuyahoga Street, Kent, Ohio. Mr. Cochran said when they bought the property he did not know that you had to stay back 100 feet from both roads. He had the septic system put in and that shoved my house 142 feet off of New Milford Road. If he could keep the house 60 feet of Sandy Lake, that would give him a nice backyard. Right now it is back 100 feet and he would like to put a garage back there someday. The back of the property goes down a hill (only about 50 feet of the goes downhill). He doesn't want two front yards he wants a backyard where he can spend his time. The Postlewait's house is like 10 feet off the property line. He would be right on top of them. He would like a little more privacy. It is only 30 feet but it would help a lot for the backyard.

Mr. Manion asked if the Postlewait's were west of him. Mr. Cochran said they were on New Milford Road. Mr. Manion asked if from the corner of the sunroom to the property was 55 feet. Mr. Cochran said that was right.

Mr. Cochran stated he didn't know the septic system was so big. When he bought the land, he had to sell his house before he could build the new one. He asked the Health Department if he could put a septic system on with no house. They said yes as long as he would be putting a 3 bedroom house there. Mr. Cochran said the twinplex next to him has property as wide as his (250 feet) but they stayed right in the middle.

Mr. Manion asked if he knew how far the duplex was off the road. Mr. Cochran said it was 100 feet off the road. Another house in that area is about 40 feet off the road. Postlewait's is about 70-80 feet back.

Mr. Cutright asked Mr. Cochran if he was measuring from the center line of Sandy Lake or the right-of-way. Mr. Cochran said he measured from the center of Sandy Lake. Mr. Cutright asked if he knew how far from the right-of-way he was. Mr. Cochran said probably 40 feet. Mr. Cutright stated that some of the houses mentioned might be prior to zoning.

Ms. Milnes asked when they purchased the property. Mrs. Cochran said they purchased it in August 2008. Mr. Cochran said it took him two years to sell his home. Then he cleared the lot and had the septic system put in July 1, 2010.

Mr. Cutright said that he was asking for almost 50% variance. There are some options to take care of having a 3 car garage. It could be moved back 20 foot closer to the backyard. Mr. Cochran said he had an agreement with Wayne Homes who are building the house. The economy being bad, they gave him a sunroom and 3 car garage if he would sign with them.

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

Mr. Mahood said that this was his opinion room. He thought there was room for comprise. Mr. Mahood said if Mr. Cochran moved back 20 feet, he would be 24 from his garage and still have a backyard. Mr. Cochran said he could 10 feet but not 20 feet. Mr. Mahood stated that corner lots are difficult. Mr. Cochran said it was all staked out where the house was going to go. This house is not a normal ranch; it is almost like a square. Mr. Mahood asked if the yard gets wet. Mr. Cochran said no, there was nice drainage down to the creek.

Resolution ZBA 2010-019. Mr. Cutright made a motion from Section 310.05, 1, B for property located at 4777 Sandy Lake Road to be denied due to the information given to the Board right now with no changes. Mr. Boring seconded it. A vote was taken as follows: Milnes - Yes Manion - No Cutright - Yes Boring - Yes. The motion passed by a vote of 3/1.

Mr. Boring stated that the Board was not saying he couldn't build there; it was too much of a variance. If Mr. Cochran could bend a little (just 20 feet) the Board would be able to grant it. Mr. Cochran said he was only asking for 30 feet off the zoning. Mr. Mahood said he wanted 70 off the right-of-way.

Mr. Boring stated for clarification, that is 60 feet from the centerline of Sandy Lake.

A discussion followed on the variance of the setbacks for that property and what the options were.

Mr. Boring swore in Alan Longstreth of Wayne Homes. A discussion on setbacks and where the 3 car garage would be located followed.

Resolution ZBA 2010-020. Mr. Boring made a motion to grant the variance from Section 310.05, 1, B to allow the Cochran's to build the house 55 feet off right-of-way from Sandy Lake Road. Mr. Manion seconded it. A vote was taken as follows: Milnes - Yes Manion - Yes Cutright - Yes Boring - Yes. The motion carried unanimously (4/0).

Resolution ZBA 2010-021. Mr. Cutright made motion to approve the October 19, 2010 minutes with the following changes, page 1, 2nd paragraph delete when, page 5, 2nd paragraph change Mr. Winchell to Mr. Johnson, page 6, 1st paragraph, change wandering to wondering, page 7, top paragraph delete carried. Mrs. Milnes seconded it. The motion carried unanimously (4/0).

Mr. Boring adjourned the meeting.

Deron Boring, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS