Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
November 17, 2009

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, November 17, 2009 at 7:00 P.M. at the Rootstown Town Hall.

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

The first item on the agenda was a Conditional Use Permit (CUP) for a riding stable and sign (Section 310.03 B 6) for property located at 3071 Cook Road (Parcel No. 320010000003001) in an R-1 District submitted by:

Jonathon & Shelley Lazo
13614 Oakbrook Dr.
North Royalton, OH 44133

Mr. Cutright swore in Jonathon Lazo, 13614 Oakbrook Drive, North Royalton, Ohio. Mr. Lazo said they bought the property with the intent to have a boarding facility for horses and giving riding lessons. The place is off the road and behind trees and other houses. They would need a sign to draw attention to the facility. It would show people where the facility was located. He and his wife will be cleaning up the property.

Mr. Mahood said this property was used as a riding/stable before it was sold. It went up for sale. Prior to that, the other people who owned it never got a permit.

Mr. Black said this stable could not be seen from the road.

Mrs. Saillant asked if anyone would be living there. Mr. Lazo said he and his wife would be living there. They are renovating the apartment in the barn and will be moving down there. Mrs. Saillant asked what the hours of business would be. Mr. Lazo said they would be Monday through Saturday 8 A. M to 10 P.M. and Sunday 9 A. M. to 10 P.M. Mrs. Saillant asked if the sign would be lit. Mr. Lazo said no, it would be a regular sign. Mrs. Saillant inquired as to when they might be moving in. Mr. Lazo said they hoped to move in hope by November 1st but it might be in a couple of weeks.

Ms. Milnes said when they purchased the property, they assumed it was grandfathered in. Mr. Lazo said they thought it was. Ms. Milnes asked if they had talked about reviving it. Mr. Lazo said they had and they were glad for the horses to be back again. Ms. Milnes inquired about the structures on the property. Mr. Lazo said they would be the same but they were cleaning them up. Ms. Milnes asked if they had the capital to clean it up and keep it going. Mr. Lazo said they did.

Mr. Cutright swore in John Lazo Jr., 545 Eastwood Road, Hinckley Ohio 44233.

Mr. Boring asked for an estimated number of people per day. Mr. Lazo said it varies on what is going on. It may be 13 to 14 boarders and probably 15 to 20 people per day. Mr. Boring asked how many people would be getting lessons at a time. Mr. Lazo said in giving lessons, there would be 3 to 4 a week at the start and it may increase to 15 to 20. Mr. Boring asked how many at a time. Mr. Lazo said if private, it would be one and if a group it would be no more than 3.

Mr. Mills asked how long the property had been vacant. Mr. Lazo said he thought about a year. Mr. Mills asked if there was anything in the files on that property. Mr. Mahood said there was nothing on the computer since he took over. Mr. Mills stated if a variance had been granted to that property in the 90's, it goes with the land forever. Mr. Mills asked what was the entrance off Cook Road. Mr. Lazo said it was 60 feet. Mr. Mills asked what the distance was from the entrance off Cook Road to the curve. Mr. Lazo said it was about 100-150 feet. Mr. Mills asked what the width was at that point. Mr. Lazo said it was about 200 feet or so but at the back of the property it opens up to about 240 feet. Mr. Mills asked what the length of the property. Mr. Lazo said he was not sure, he said he owned two acres. Mr. Mills asked what was on the property now. Mr. Lazo said there were 4 buildings.

Mr. Mills asked where the apartment was. Mr. Lazo said it was over the stalls. Mr. Mills asked about the trailer parking. Mr. Lazo said it was an open area for parking trailers. Mr. Mills asked about the distance from the hay storage to the neighbor's property/home. Mr. Lazo said to the property line it was 30 feet and to the house it would be 60 to 70 feet. Mr. Mills asked what other storage would be on the property other than the hay. Mr. Lazo said the only other storage would be for personal property. Mr. Mills asked in looking down the road in five years, what other buildings were anticipated. Mr. Lazo said it might be a house. Mr. Mills asked where would it be located. Mr. Lazo said it would be back on the hill in the pasture. Mr. Mills asked if this had been discussed with the Zoning Inspector. Mr. Lazo said they had mentioned it to him. Mr. Mills asked about the number of employees. Mr. Lazo said he might have one or two. Mr. Mills asked if the property was completely fenced. Mr. Lazo said it wasn't. Mr. Mills asked what the distance was to a fire hydrant from the entrance. Mr. Lazo said it was only about 40 to 50 feet to the barn. Mr. Mills asked when Mr. Lazo thought he would move in. Mr. Lazo said in about two weeks.

Mr. Mills asked about the sign. Mr. Lazo said it would be 3 to 4 feet tall and 5 foot long on two posts. Mr. Mills asked why Mr. Lazo thought a sign was needed. Mr. Lazo said it would be hard for most people to find, since it was not visible from the road. Mr. Mills stated wouldn't an address number be sufficient. Mr. Lazo said that with a mailbox there, people still have a hard time finding it.

Mr. Mills stated if they were open until 10 in the evening, what would they be doing about lighting. Mr. Lazo said there would be lights at the main entrance to the barn, and there would be some parking lot lights put in. Mr. Mills asked if the neighbors were aware of the lights coming on the property. Mr. Lazo said the majority of the lights have been there.

A discussion followed on the lights. Mr. Boring and Mr. Mills disagreed on the lighting.

Mr. Cutright asked if the parking area was paved. Mr. Lazo said it was gravel. Mr. Cutright asked if the septic was up to commercial standards. Mr. Lazo said it was as far as he knew.

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

Mr. Cutright questioned the unpaved parking lot and dust control.

Mr. Mahood stated the Board needed to put a size on the sign. The maximum size was 24 square feet in that area. Mr. Lazo said it could be on one post and 10 feet off the right-of-way. There is no height limit on a sign there. The Board would have to limit it.

Mr. Cutright asked about storing the manure. Mr. Lazo said there were several options. They were planning to get help to haul it off the property.

Mr. Manion asked if Mr. Lazo owned any horses. Mr. Lazo said they have 2 now but would like to have a few more for lessons.

Mrs. Esola asked about the fire department accessing the barn. Mr. Lazo said they could drive all the way back.

A discussion was held on the parking lot.

Mr. Mahood said he had no complaints in the past years on that property.

Resolution ZBA 2009-013. Mr. Boring made a motion to grant the Conditional Use Permit (CUP) under Section 310.03 (B) (6) and under Section 390.02 based upon the appropriate use based upon the prior use and general agricultural use of the area with the following conditions: requiring sign be no larger than 5 x 4 feet along with 10 feet from right-of-way and no higher than 6 feet as in accordance with current zoning regulations and requiring driveway and parking areas must follow current zoning regulations - must be paved, concrete or chip/sealed including a parking area of 40 feet x 40 feet including 4 - 10 feet wide parking spaces plus the driveway. Mrs. Saillant seconded it. A vote was taken as follows: Saillant – Yes Milnes - Yes Boring - Yes Mills - No Cutright - No. The motion carried by a vote of 3/2.

Mr. Armentrout addressed the Board. The Trustees have not appointed anyone to the Zoning Boards as of yet. He informed the Board of a new Trustee, Mr. Housley who would be sworn in January. He asked the Board if they knew anyone who might want to serve on the Boards and have them submit a letter requesting to serve.

Resolution ZBA 2009-014. Mr. Mills made a motion to accept the minutes of October 20, 2009 meeting with changes. Mrs. Saillant seconded it. The motion carried unanimously (5/0).

Mr. Boring made a motion to adjourn the meeting. Mr. Cutright adjourned the meeting.

Troy Cutright, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS