Members present:                                                                    Richard Dodson
                                                                                                   Jim Giulitto
Alternate Member:                                                                    Eric Oldroyd

Absent Members:                                                                    Ted Deremer
                                                                                                   Edward McDonnell
                                                                                                   John Juergensen

Planning & Development Director:                                        John Phillippi

Mr. Dodson acted as Chairman due to the absence of the Chairman, Ted Deremer, and Vice Chairman, Edward McDonnell.

APPEAL #1974 – Larry Bradshaw, 266 Shaw Ave. NE, Massillon, Ohio 44646 agent for Mr. & Mrs. Stephen Lohr, property owner, 2873 Carie Hill Circle NW, Massillon, Ohio 44646 requests a variance to permit an accessory building in the front yard at a 15 ft. front setback and a 5 ft. west side yard setback where accessory buildings are permitted in the rear or side yard at a 10 ft. side yard setback and a variance for an 8 ft. 6 in. east side yard setback for principal building where a 10 ft. side yard setback is required per Art. IV Sect. 401.6 & 401.11 of the zoning resolution.  Property located at 46 Cherry Dr. NW, Sect. 3NW Jackson Twp.  Area zoned R-R.

Mr. Dodson read the file application signed by Larry Bradshaw and the reasons for the appeal.  The file contained a tax map of the property in question and a site plan showing the proposed location of the accessory building and principal building.

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

Mr. Dodson swore in Larry Bradshaw, 266 Shaw Ave. NE, Massillon, Ohio 44646.

Mr. Bradshaw stated that he is representing Mr. & Mrs. Lohr.  The property had an older house with a detached garage that didn’t meet their needs so it was demolished.  They are proposing to build a new house and detached garage.  The first variance is for the accessory building in the front yard.  The lot drops off toward the lake and the width of the lot is very narrow so it is not feasible to put a garage on the side of the house.  The 5 ft. setback is because the garage will be a side loaded garage and the extra width will help them to make the turn to get into the street.

Mr. Bradshaw stated that the second variance is for an 8 ft. 6 in. setback for the principal building.  The lot narrows to narrows to about 54 ft. and the house is only 32 ft. so the house meets the setback, but the portion of the porch stoop does not meet the setback.

Mr. Dodson asked if the construction had been approved by the board of Trustees from Willowdale.

Mr. Bradshaw stated yes.

Mr. Giulitto asked if there are other accessory buildings in the front yard area of some of the other lots.
Mr. Bradshaw stated yes.

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. Dodson closed this appeal to public input.

Mr. Giulitto stated that the lots are small in this area so he does not have a problem with the request.

Mr. Oldroyd stated that he thinks the problem was created when the lots were created and agrees with Mr. Giulitto’s comments.

Mr. Dodson stated that he has been a member or Willowdale since 1978 and the Lohr’s property has a huge hill.  The plat of Willowdale is not a normal plat in the sense that the lines are where the board of Trustees says they are.  His big concern was if the board of Trustees had approved the plan.

Mr. Giulitto made a motion to approve appeal #1974 as requested.

Mr. Dodson seconded the motion.

The vote was: Mr. Oldroyd-yes, Mr. Giulitto-yes, and Mr. Dodson-yes.

APPEAL #1975 - 22nd St. Land Trust, property owner, c/o David Tarr, PO Box 542, Zoar, OH 44697 requests a revision to a previously approved conditional use permit #C835, approved 2/28/02, appeal #1730, to add a 164 sq. ft. addition to an existing storage unit building “D”.  Property located at 4531-22nd St. NW, Sect. 36SE Jackson Twp.  Area zoned B-3.

Mr. Dodson read the file application signed by David Tarr and the reasons for the appeal.  The file contained a tax map of the property in question and a site plan showing the proposed revision.

Mr. Dodson asked who would like to speak in favor of the appeal.

Mr. Dodson swore in Don Campbell, 8178 Sapphire, North Canton, Ohio.

Mr. Campbell stated that they will not be open all hours of the day so they would like to have an area for drop off and for customers to be out of the weather when waiting to pay their rent.  Mr. Campbell stated that the addition has already been added but it is not being used at this time.

Mr. Giulitto asked if anything has changed besides asking for 164 sq. ft. addition to the building.

Mr. Campbell stated no.

Mr. Phillippi stated that the addition went before the Regional Planning Commission and they approved a waiver on it because it does not interfere with the circulation of the driveway or anything else.

No one else in the audience spoke in favor of or in opposition to the appeal.

Mr. Dodson closed this appeal to public input.
Mr. Giulitto stated with Regional Planning not having a problem with it and the structure being there he did not have a problem with the request.

Mr. Dodson stated that he agreed with Mr. Giulitto and appreciated Mr. Campbell coming before the board to let them know about the change.

Mr. Giulitto made a motion to approve appeal #1975 as requested.

Mr. Dodson seconded the motion.

The vote was: Mr. Oldroyd-yes, Mr. Giulitto-yes, and Mr. Dodson-yes.

APPEAL #1976 - Brad Zaryki & Joy Geiger, property owner, 6910 Stockbridge NW, Canton, OH 44718 requests a variance to allow a swimming pool in the side yard where a pool is only permitted in the rear yard per Art. IV Sect. 401.11 of the zoning resolution.  Property located at 6910 Stockbridge NW, Sect. 22NW Jackson Twp.  Area zoned R-1.

Mr. Dodson read the file application and the reasons for the appeal.  The file contained 6 photos of the property, a tax map, and a site plan showing the proposed location of the pool.

Mr. Dodson asked who would like to speak in favor of the appeal.

Mr. Dodson swore in Brad Zaryki and Joy Geiger, 6910 Stockbridge NW.

Mr. Dodson asked why the pool couldn’t be put in the back yard.

Mr. Zaryki stated because of the grade and slope of the property.  There is a creek in the rear of the property that doesn’t allow the pool in the rear yard unless a retaining wall was installed but then there wouldn’t be proper access to the pool.  Mr. Zaryki stated that his property goes beyond the creek so actually the creek runs through his property.

Mr. Dodson asked if the creek ran into Nobles Pond.

Mr. Zaryki stated yes.

Mr. Giulitto stated that a fence would be required around the pool and asked if this would be done.

Mr. Zaryki stated yes.  There is a row of pine trees along the side of the house so the neighbor wouldn’t be able to see the pool and he is planning to put trees along the front of the pool area.

Mr. Dodson asked what the fall is between the house and the creek.

Mr. Zaryki stated that it is a minimum of 8 ft.

Mr. Dodson asked how far the house is from the creek.

Mr. Zaryki stated that it is as close as 55 ft. and as far as 80 ft. because the house sits at an angle.

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. Dodson closed this appeal to public input.

Mr. Giulitto stated he believes there is a practical difficulty with the creek and the side yard is screened by trees so he does not have a problem with the request.

Mr. Oldroyd stated that the pool would be at least 15 ft. from the neighbor so he does not have a problem with the request.

Mr. Dodson asked Mr. Zaryki if he indicated that the screening was already on the property.

Mr. Zaryki stated that it is screened along the back and side and the front would have some screening added.

Mr. Dodson suggested that be part of the variance.

Mr. Giulitto made a motion to approve appeal #1976 as requested with the screening in the front.

Mr. Dodson seconded the motion.

The vote was:  Mr. Oldroyd-yes, Mr. Giulitto-yes, and Mr. Dodson-yes.

The board agreed to postpone approving any minutes until the next meeting.

Mr. Giulitto made a motion to adjourn the meeting.

Mr. Oldroyd seconded the motion.

The vote was: Mr. Oldroyd-yes, Mr. Giulitto-yes, and Mr. Dodson-yes.

Respectfully submitted,

Joni Poindexter
Zoning Inspector