Members present:                                                     Ted Deremer
                                                                                    Edward McDonnell
                                                                                    Richard Dodson
                                                                                    Jim Giulitto
                                                                                    John Juergensen-Alternate

Absent Member:                                                       Gerald Werner

Zoning Data Coordinator:                                       Joni Poindexter

APPEAL #1847 – James & Susan Wynkoop, property owner, 5730 West Blvd. NW, Canton, Ohio 44718 requests a variance for a 5 ft. left (north) side yard setback where a 10 ft. side yard setback is required in Art. IV Sect. 401.6 of the zoning resolution.  Property located at 5730 West Blvd. NW, Sect. 14NW Jackson Twp.  Area zoned R-1.

Mr. Deremer read the file application signed by James Wynkoop with reasons being to be in line with the existing house.  The file contained a tax map of the property in question and surrounding properties and a site plan showing the location of the proposed additions.

Mr. Deremer asked who would like to speak in favor of this appeal.

Mr. Deremer swore in James Wynkoop, 5730 West Blvd. NW, Canton, Ohio 44718.

Mr. Wynkoop stated that he would like to add on to his existing house.  After submitting the appeal application he had the property surveyed.  According to the drawing and in order to keep the house in a straight line he would need a 4 ft. setback.  Right now he is asking for a 5 ft. variance so the rear addition as shown on the plan would be moved over by one foot.  Mr. Wynkoop asked if it would be big deal to ask for a 4 ft. variance.

Mr. Deremer stated that the board could not grant a greater variance because it was not advertised.

Mr. Wynkoop asked if he could go ahead with the 5 ft. variance and possibly come back later and ask for the extra foot.

Mr. Deremer stated that the board could review the request for a 5 ft. setback but could not discuss a 4 ft. variance.

Mr. Wynkoop stated that the back section would be at a 5 ft. setback and consist of a dining room and sunroom.  The front of the house would have the addition of a three car garage and master bathroom.

Mr. Deremer asked if the back of the existing house is actually smaller than what is shown on the sketch since it was surveyed.

Mr. Wynkoop stated yes.  It would be one foot shorter.  Mr. Wynkoop presented two photos to the board and stated that exhibit #1 is the front of the house where the bathroom and garage would be added.  Exhibit #2 is the rear of the house and shows where the dining room would be up above and below would be the Florida room.  Mr. Wynkoop stated that where the drawing shows 18 ft. across, it would be changed to 17 ft. across.

Mr. McDonnell asked if the north wall would be moved in by one foot if the variance were approved.
Mr. Wynkoop stated yes.

Mr. McDonnell stated that Mr. Wynkoop indicated that the reason for the variance request is to keep the addition in line with the house and asked why the addition couldn’t be moved another 5 ft. to the south.

Mr. Wynkoop stated that exhibit #2 shows where the addition would be located and the existing garage underneath, which will no longer be there and will become a storage area.  Mr. Wynkoop stated that there is a rear entry door in the back and if it were moved another 5 ft. to the south then he would have to build a new wall and thinks it would look funny being off set.  Mr. Wynkoop stated that he has a lake view from the other picture window and he would not want to block the view.

Mr. Dodson asked when the house was built.

Mr. Wynkoop stated that the house was built in 1955.

Mr. Dodson stated that the reason he asked is because there is a 10 ft. side setback requirement and zoning became effective in 1959, so the house is in a sense grandfathered.  The Lake Cable Association in the past has taken exception to the setback on the sides for less than 5 ft. because they want at least 10 ft. between houses.

Mr. Giulitto asked Mr. Wynkoop if he knew how close his neighbor’s home is to the property line.

Mr. Wynkoop stated that it is about 20 ft.

No one else in the audience spoke in favor of this appeal and no one in the audience spoke in opposition to the appeal.

Mr. Deremer closed this appeal to public discussion.

Mr. Dodson stated that the request is not out of character with the neighborhood and the addition would look better if it were in line with the existing house.  Mr. Dodson stated that he does not have a problem with this appeal.

Mr. Giulitto agreed with Mr. Dodson and stated that the home would look better by placing the addition in line with the existing house and Mr. Wynkoop does not want to obstruct his view, which he could see as a hardship.

Mr. McDonnell stated, to make sure there is no misunderstanding by the applicant, the variance request is for 5 ft. as opposed to 4 or 4-1/2 ft. so if the 5 ft. variance request is approved the dining room would not be in line with the house and will be offset.  Lake Cable is a unique area and 5 ft. is in line with what the board has done in the past.

Mr. Deremer stated that the property is only 50 ft. wide toward the lake and the existing house is 36 ft. wide so they can’t get 10 ft. on each side.  Mr. Deremer stated that he believes part of the practical difficulty is that this cannot be physically done with the existing home.  Mr. Deremer stated that he agrees that 5 ft. is the maximum variance that the board has given on any property in Lake Cable and he is in favor of the application as requested.

Mr. Dodson made a motion to approve appeal #1847 as submitted.

Mr. Juergensen seconded the motion.

The vote was: Mr. Juergensen-yes, Mr. Giulitto-yes, Mr. Dodson-yes, Mr. McDonnell-yes, and Mr. Deremer-yes.

APPEAL #1848 – Jeff Polen, property owner, 4478 Fulton Rd. NW, Canton, Ohio 44718 requests expansion of 11,400 sq. ft. where 3,050 sq. ft. of the non-conforming use expansion is permitted for a total of 8,350 sq. ft. over the 25% non-conforming use expansion in Art. III Sect. 303.3 of the zoning resolution.  Property located at 4478 Fulton Rd. NW, Sect. 25NE Jackson Twp.  Area zoned B-3.

Mr. Deremer read the file application signed by Jeff Polen with reasons being as stated by the applicant, “the site plan was approved in 1995.  Phase I has been completed and now Phase II is ready to be started and the regulations have changed so it is now non-conforming”.  The file contained a tax map of the property in question, a full size site plan dated October 17, 1994 with a revision date of January 11, 1995, and a break down of the square footage for what exists on the property, what is permitted on the property and what is being requested.

Mr. Deremer asked who would like to speak in favor of this appeal.

Mr. Deremer swore in Jeff Polen, 4478 Fulton Rd. NW, Canton, Ohio 44718.

Mr. Polen stated that the complete site plan was approved in 1995 when the business was a permitted use in the B-3 district.  Two of the buildings have been built and he is now ready to build the other two as shown on the plan in 1995.  Mr. Polen stated that all the surrounding properties are zoned for business including the property to the south that was recently rezoned.

Mr. Deremer asked what portion is phase I.

Mr. Polen stated that phase I consisted of buildings “A” and “B” and are located at the north end of the property.  Buildings “C” and “D” are what is being requested to be built.  Mr. Polen stated that the new buildings would be made of the same design and color as the other buildings.

Mr. Deremer asked Ms. Poindexter if there were any changes such as increasing the distance between buildings that might affect the property.

Ms. Poindexter stated that the plan meets all the required setbacks for the district in which it is located in.

Mr. McDonnell asked if there would be any change to the driveway area or just the addition of the two buildings in the rear of the property.

Mr. Polen stated that he would just be adding the two buildings.

Mr. McDonnell asked if there is 30 ft. between buildings “A” and “D” and “C” and “B”.

Mr. Polen stated yes.

Mr. Deremer asked if the buildings are the same size and “A” and “B” or if they are larger.

Mr. Polen stated that buildings “C” and “D” are 5 ft. longer.  “A” and “B” are 185 ft. in length and “C” and “D” are 190 ft. in length.

Mr. Polen stated that his business would suffer a financial hardship if he had to build the new buildings under the current regulations.

There was no one else in the audience to speak in favor of or in opposition to this appeal.

Mr. Deremer closed this appeal to public discussion.

Mr. McDonnell stated that the use was permitted when the plan was approved in 1995.  The only change is it’s now a conditionally permitted use.  The applicant has indicated that this was his intent all along and it is difficult to find a reason why he couldn’t do it.  Mr. McDonnell stated that the township changed the zoning resolution before the entire plan could be implemented and he believes Mr. Polen should be able to continue as planned.

Mr. Dodson agreed with Mr. McDonnell and stated that he has no problem with the appeal.

Mr. Deremer stated that he believes what is going to be built is what was originally requested and approved and he has no problem with granting the appeal.

Mr. McDonnell made a motion to approve appeal #1848 as requested.

Mr. Dodson seconded the motion.

The vote was: Mr. Juergensen-yes, Mr. Giulitto-yes, Mr. Dodson-yes, Mr. McDonnell-yes, and Mr. Deremer-yes.

Mr. Deremer asked if there were any comments on the minutes from the meeting of March 27, 2003.

Mr. McDonnell stated that the word motion on page three should read notion.

Mr. Deremer stated that on page fourteen the number 3,700 should be changed to 37,000.

Mr. McDonnell made a motion to approve the minutes as amended from the meeting of March 27, 2003.

Mr. Giulitto seconded the motion.

The vote was: Mr. Juergensen-abstain, Mr. Giulitto-yes, Mr. Dodson-yes, Mr. McDonnell-yes, and Mr. Deremer-yes.

Mr. McDonnell made a motion to adjourn the meeting.

Mr. Giulitto seconded the motion.

The vote was: Mr. Juergensen-yes, Mr. Giulitto-yes, Mr. Dodson-yes, Mr. McDonnell-yes, and Mr. Deremer-yes.

Respectfully submitted,

Joni Poindexter
Zoning Data Coordinator
Clerk/Secretary