Members present:                                                                Ted Deremer
                                                                                                Edward McDonnell
                                                                                                Richard Dodson
                                                                                                John Juergensen

Absent Member:                                                                   Jim Giulitto
Alternate Member:                                                                Eric Oldroyd-Absent

Zoning Inspector:                                                                   Joni Poindexter

APPEAL #1991 – Dana Holdman, agent for Canton Temple of Praise, property owner, 2800 Woodlawn Ave. NW, Canton, Ohio 44708 requests renewal of a previously approved conditional use permit #CU305 approved 8/24/00, for an unspecified period of time for a child day care center where a conditional use permit is required per Art. IV Sect. 401.3 of the zoning resolution.  Property located at 2800 Woodlawn NW, Sect. 36NE Jackson Twp.  Area zoned R-4.

Mr. Deremer read the file application signed by Dana Holdman with reason being a conditional use permit is required for a child day care center.  The file contained a tax map of the property in question, a site layout of the room to be used for the child day care and the answers to the criteria for the conditional use permit.

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

Mr. Deremer swore in Dana Holdman, 2800 Woodlawn NW.

Ms. Holdman stated that she is asking for a conditional use permit for an unspecified period of time for a child day care.  They have been in existence since December, 1990 and continue to come to the board every five years for the conditional use permit.  Ms. Holdman stated that the building is undergoing renovations; however, the site plan reflects any changes.

Ms. Holdman stated at the present time they are currently using all of the existing space that was previously approved.  Their interior space being used is 3,062.07 sq. ft. in classroom areas plus 4,064 sq. ft. in the gymnasium for a total interior square footage of 7,126.07 sq. ft.  Based upon 35 sq. ft. per occupant they are able to accommodate 204 children.  They are currently licensed through the Ohio Department of Job and Family Services for 133 children.  Their current enrollment as of July 1, 2005 is 122 children.  They are planning to use the educational wing of the new facility upon completion.  This will be in addition to the existing areas.  The square footage will be 7,336 sq. ft. which should allow them to accommodate up to 210 additional children as they continue to grow.

Ms. Holdman stated the existing playground size is 2,474 sq. ft. which at 60 sq. ft. per occupant will hold up to 41 children at one time.  The playground size and location will change upon completion of the new facility to better accommodate the growth of children.

Mr. McDonnell reviewed the criteria for the conditional use permit.
Section 431.2

Mr. McDonnell asked if it is Ms. Holdman’s testimony that it will not be detrimental to property values in the immediate vicinity.

Ms. Holdman stated yes.

Mr. McDonnell asked if it is Ms. Holdman’s testimony that it will not restrict or adversely affect the existing use of the adjacent property owners.

Ms. Holdman stated yes.

Mr. McDonnell asked if it will be designed and constructed so that all access drives, access points to public streets, driveways, parking and service areas shall meet the approval of the Township Trustees, or county or state agencies where applicable.

Ms. Holdman stated yes.

Mr. McDonnell stated that the Canton Temple of Praise was approved for a conditional use permit two weeks prior and it is their requirements to meet the requirement of EPA for stormwater runoff, when applicable, to properly landscape and construct and maintain the property in a neat, orderly and safe condition.

Ms. Holdman stated yes.

Section 431.3
Mr. McDonnell asked what the hours of operation would be.

Ms. Holdman stated Monday through Friday 6:30 a.m. to 6 p.m.

Mr. McDonnell stated because this is an existing conditional use permit, he doesn’t believe item C(2) is applicable.  Mr. McDonnell asked if the lighting is going to be any different from what the Temple of Praise is going to be doing.

Ms. Holdman stated no.

Mr. McDonnell asked if any floodlights, searchlights or loudspeakers will be used.

Ms. Holdman stated no.

Mr. McDonnell asked if they will utilize the trash receptacles for the church.

Ms. Holdman stated yes.

Mr. McDonnell stated that item C(6) is a requirement of the church.

Section 431.6H
Mr. McDonnell stated the plan indicates what portion of the church the day care will be located in, which are highlighted in yellow.

Mr. McDonnell asked if it is Ms. Holdman’s testimony that all activities shall be directly related to the conditional use permit and will be adequately and properly supervised to prevent any hazard, disturbance or nuisance.

Ms. Holdman stated yes.

Mr. McDonnell asked if there will be 60 ft. sq. ft. of outdoor open space and 35 ft. of indoor open space per occupant.

Ms. Holdman stated yes.

Mr. McDonnell asked if the outdoor activity area will be enclosed by a fence or wall having a height of at least 5 ft. but not exceeding 6 ft. and any entry gate shall be securely fastened.

Ms. Holdman stated yes.

Mr. McDonnell asked if the day care center is located within 600 ft. of gasoline pumps, underground gasoline storage tanks or any other storage area for explosive or hazardous materials.

Ms. Holdman stated no.

This concluded the criteria for the conditional use permit.

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 input.

Mr. Dodson stated that he believes the criteria for the conditional use permit has been met so he sees no reason not to grant the request.

Mr. McDonnell concurred with Mr. Dodson.

Mr. Deremer stated that the day care has been in existence for 16 years in compliance with zoning so he does not have a problem with the request.  If granted he would like to incorporate the appeal for the Canton Temple of Praise.

Mr. Dodson made a motion to approve appeal #1991 as filed with the provision that the record from the appeal regarding the Canton Temple of Praise be incorporated into this appeal.

Mr. Juergensen seconded the motion.

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

APPEAL #1992 – Harold Cisler & Janice Landrum, property owner, 4619-7th St. SW, Canton, Ohio 44710 requests a conditional use permit for an automatic car wash facility where a conditional use permit is required and a 10 ft. parking setback along the frontage abutting 18th St. where 20 ft. is required per Art. IV Sect. 411.3 of the zoning resolution.  Property located at 1807 Whipple Ave. NW, Sect. 36SE Jackson Twp.  Area zoned B-3.

Mr. Deremer read the file application signed by A. Brent Cisler and Janice Landrum with reasons being a conditional use permit is required.  The file contained an aerial view of the property in question, a memo to Chief Heck, Jackson Fire Dept. from Joni Poindexter, Zoning Inspector requesting comments on the site plan, the answers to the criteria for the conditional use permit and a site plan consisting of four pages.  Mr. Deremer stated that there are no comments in the file from the Fire Department.

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

Mr. Deremer swore in Travis Mayer, 7304 Drive Rd., Berlin Height, Ohio, Bob Shuler, 26522 Osborn Rd., Bay Village, Ohio, Joe Richard, 2912 Regional Way, Akron, Ohio, and Brent Cisler, 4619-7th St. SW, Canton, Ohio.

Mr. Mayer stated that they are proposing a two bay touch less car wash.  The drive entrance would be off of 18th St. and stacking would be on the east with the entrance on the north end of the building.  The cars would exit onto 18th St. in order to eliminate any congestion on Whipple.  The vacuum islands would be located on the east side of the building which is along the Whipple side and the dryers face 18th St. where the exit and entrance is located.

Mr. Mayer stated that the building would be masonry with some siding.  The building setbacks and landscaping requirements are met with mounding and landscaping along the residential district.  The reason for the 10 ft. variance along 18th St. is for clearance and traffic flow.

Mr. Deremer asked if there are parking spaces located on the site plan.

Mr. Mayer stated yes.  There are 6 along the front of the building and 4 along 18th St.  Mr. Mayer stated that they exceed the stacking requirements.

Mr. Deremer asked if the parking setback is for cars that are stacked.

Mr. Mayer stated that they want to keep the curbs consistent, but it could be adjusted if needed.

Mr. McDonnell asked what is meant by a touch less car wash.

Mr. Richard stated that it works like a power washer and there is nothing touching the car.

Mr. Deremer asked if there is an example of one that he knows of.

Mr. Richard stated that there is a new one on Fulton Rd.

Mr. Shuler explained the decibel level for the car wash.

Mr. McDonnell reviewed the criteria for the conditional use permit.

Section 431.2
Mr. McDonnell asked if it is Mr. Richard’s testimony that this will not be detrimental to property values in the immediate vicinity.

Mr. Richard stated yes.

Mr. McDonnell asked if it is Mr. Richard’s testimony that this will not restrict or adversely affect the existing use of the adjacent property values.

Mr. Richard stated yes.

Mr. McDonnell asked it is will be designed and constructed so that all access drives, access points to public streets, driveways, parking and service areas meet the approval of the trustees or county or state agencies.
Mr. Richard stated yes with the exception of the 10 ft. variance.

Mr. McDonnell asked if this would meet the requirement for the EPA for stormwater runoff.

Mr. Richard stated yes and then some.

Mr. McDonnell asked Mr. Richard to elaborate on that.

Mr. Richard stated on the water reclaim unit they will create a sand-oil separator so when they reclaim the water the soils and oils will go into a drain.  There are three 500 gallon tanks that are on a step down fashion.  What that does is it allows the oil and chemicals to go to the top and they pull from the middle for reclaim which is the same water that will go into the sewer.  Mr. Richard stated that the tanks would be pumped out once every six months or 20,000 car washes.

Mr. McDonnell asked Ms. Poindexter if the surrounding properties are residential on the west.

Ms. Poindexter stated yes.

Mr. McDonnell asked Ms. Poindexter if she reviewed the site plan and if it met the requirements except for the requested variance.
Ms. Poindexter stated yes.

Mr. McDonnell asked if it is Mr. Richard’s testimony that it will be landscaped according to the landscaped plan that was presented.

Mr. Richard stated yes.

Mr. McDonnell asked if it will be maintained in a neat, orderly and safe condition.

Mr. Richard stated yes.

Section 431.3
Mr. McDonnell asked what the hours of operation would be.

Mr. Richard stated they are proposing a 24 hour seven day a week operation.

Mr. McDonnell asked what the total area is and if it is less than one acre.

Mr. Richard stated that it is 1.13 acres.

Mr. McDonnell stated that Whipple is an arterial street and 18th is a local street and asked how far the exit and entrance is from the intersection.

Mr. Mayer stated that it is over 100 ft.

Mr. McDonnell asked what type of lighting would be on the facility.

Mr. Mayer stated that the lights would have a reflector to shine down on the site and no more than 30 ft. around the building so there wouldn’t be any glare onto neighboring properties.

Mr. Deremer asked if there would be any pole lighting.

Mr. Mayer stated at this time they don’t think they will need that and everything will be off the building; however, they would like to light the flag pole with a spot directly on the pole.

Mr. McDonnell asked if it is Mr. Mayer’s testimony that there will be no pole lighting and all lighting will be on the building.

Mr. Mayer stated yes.

Mr. McDonnell asked if it is Mr. Mayer’s testimony that the radius for the light will be no more than 30 ft. from the building.

Mr. Mayer stated yes.

Mr. McDonnell asked if there would be floodlights, searchlights or loudspeaker.

Mr. Mayer stated they would like the light on the flag pole

Mr. McDonnell asked if there would be a trash receptacle.

Mr. Mayer stated there would be one on the west side of the property.

Mr. McDonnell asked if it would be screened.

Mr. Mayer stated yes.

Mr. McDonnell asked if the grading and surface drainage provisions have been prepared by a registered engineer.

Mr. Mayer stated that they haven’t gone that far yet, but when they do it will be approved by the Stark County Subdivision Engineer.

Section 431.6(A)
Mr. McDonnell stated asked if there are going to be any fuel pumps.

Mr. Mayer stated no.

Mr. McDonnell stated that all activities shall be done completely inside the building.

Mr. Mayer stated that they would be except for the vacuum islands.

This concluded the criteria for the conditional use permit.

No one else in the audience spoke in favor of this appeal.

Mr. Deremer asked if anyone in the audience wanted to speak in opposition to the appeal.

Mr. Deremer swore in Steve Burick, 4457-18th St. NW.

Mr. Burick stated that he has been a resident of 18th St. for 49 years.  It is a nice quiet residential neighborhood.  Mr. Burick stated that he received 106 signatures on a petition from 18th, 17th, and 19th St. from people who are against the request.

Mr. Deremer marked this as OE#1.

Mr. Burick read the petition into the record.  Mr. Burick stated that the property is not 1.13 acres; it is 1.12 acres and his question to the board is there is a 40 ft. setback along Whipple and a 25 ft. setback along 18th St. which is not usable land so as it stands right now they show 1.12 acres at 50,820 sq. ft. but if you take the setbacks into consideration he only has 36,410 sq. ft. of usable land and one acre is 43,560 sq. ft.  Mr. Burick stated that he doesn’t think the minimum lot size has been met.

Mr. McDonnell stated that the size requirement for the lot are exclusive of setbacks so it does include the setback area and the minimum lot size is met.

Mr. Deremer swore in Robert Perez, 430 Browning St.

Mr. Perez stated the he owns the property next to the one in question and asked the board to table the hearing until he can collect more information.

Mr. Deremer asked what Mr. Perez is searching for.

Mr. Perez stated the size of the usable land.

Mr. Deremer stated that their property is what they pay taxes on and the setbacks are included in that.

Mr. Perez asked if that is usable land.

Mr. Deremer stated that the setbacks need to be maintained from the property lines for the building & parking but the acreage is what it is.
Mr. Perez stated that he is concerned with noise and lights because there is residential on two sides of the property.

Mr. Deremer swore in Jerry Young.

Mr. Young stated that he owns the duplexes behind the lot in question to the west.  Mr. Young stated that the neighborhood is very quiet and the car wash would bring noise and traffic onto 18th St.  Mr. Young stated he is also concerned about the wells in the area being contaminated.

Mr. Young stated that he thinks the car wash would be a determinant to the neighborhood and affect the existing use of the adjacent property owners.

Mr. Deremer swore in Stephanie Burick, 4457-18th St.

Ms. Burick stated that the neighborhood is peaceful and she would like to keep it that way.

Mr. Deremer swore in Beverly Swihart, 4305-17th St.

Ms. Swihart stated that she has lived in her home since 1942 and has seen the area go from field and a two lane brick road to a busy highway with lots of well kept homes in the area.  Ms. Swihart stated that 17th St. is a one block dead end street.  Their only way out is onto Whipple Rd. so she is concerned with the traffic.

Mr. Deremer swore in Susan Vitally, 7001 Brandy Circle NW.

Ms. Vitally stated that this is a stable neighborhood and most have lived there 60 years and it is hard to turn left out of 17th St.  The 18th St. residents should not have to have the bright lights, traffic and people and the car wash will lower the property values.

Mr. Deremer swore in Carl Adolph, 4433-18th St. NW.

Mr. Adolph stated that he agrees with what the others have said and the car wash should not be allowed.  A 4 ft. mound will not be a sound barrier for the residents.  Just because the property faces Whipple Ave. it does not sell him as a commercial property.

Mr. Deremer swore in Russ Johnson, 4432-19th St. NW.

Mr. Johnson stated when he heard about this he was definitely against it.  His property is right next to the laundry mat on 19th St., which is a 24 hour public service.  Although the car wash might only be 17 decibels you will be able to hear it.  Mr. Johnson stated that the neighborhood needs to be kept a quiet neighborhood.

Mr. Deremer swore in Glen Anderson, 1806 Manor Ave. NW.

Mr. Anderson stated that 18th St. is a speedway and the road isn’t that wide.  One of the exits will be directly from a residential home that isn’t in Jackson Township.  There is already a lot of traffic on 18th St. due to the apartments and there is a lot of children in the area.

Mr. Deremer swore in Robert Tom, 4445-18th St. NW.

Mr. Tom stated that the neighborhood is quiet and peaceful and the car wash will bring trash to the neighborhood and more traffic.  The car wash will ruin the neighborhood.

Mr. Deremer swore in Connie Tolson, 4440-18th St. NW>

Ms. Tolson stated that she is in Perry Township but her home is cattycorner from the property in question.  There will be cash boxes at the car wash and it will bring trouble shooters to the area.

Mr. Deremer swore in Doug Serban, 4510-19th St. NW.

Mr. Serban stated that the neighborhood is quiet and the car wash sound will carry.  Mr. Serban stated that he works for a company that deals with siren activation.  Once the sound leaves the front of the building it won’t only go straight out, but it will spread out.  A siren puts out 117 decibels and you can hear it a mile away because it is continuous.  The dryer will be heard a long ways because they will be continuous.

Mr. Deremer swore in James Massey, 4448-18th St. NW.

Mr. Massey stated that he agrees with the others.  He understands the property is zoned for business but does not feel a car wash is an appropriate business.

Mr. Deremer swore in Francis Casey, 1821 Whipple NW.

Mr. Casey stated that he hates to see a car wash on the property simply because his personal privacy.

Mr. Deremer swore in Joan Burick, 4457-18th St. NW.

Ms. Burick stated that she is concerned with ice that will form on the road that will come from the water at the car wash.  Ms. Burick stated that she agrees with the other members of the audience.

Mr. McDonnell asked Mr. Serban to explain what he does regarding the siren activation, which he did.

No one else in the audience spoke in opposition to the appeal.

Mr. Richard stated that the variance is negotiable and can be adjusted.  He can’t help the heavy traffic on Whipple Ave.  The reason the entrance and exit isn’t on Whipple is so it won’t affect the traffic.

Mr. Richard stated that there may be 20 cars an hours going through the car wash and in the summer it will be less because people usually wash their own cars in the summer.  Mr. Richard stated that the 70% of their business will be done between November and April.

Mr. Richard stated that a siren on the front of a vehicle and the dryers for a car wash are not the same thing.  The dryers are inside the building and are facing toward another business and not 18th St.

Mr. Richard stated that 98% of the water will be off the vehicles before they pull away from the car wash.

Mr. Mayer stated that the landscaping mound will have shade trees and abide by the zoning requirements.  The blowers are more than 100 ft. to the property line to the west.  The detention basin will slow any water runoff from the property and it is not a pond.

Mr. Mayer stated if the headlights are a concern they could put in bushes, hedge row or a fence, but he didn’t see anything that requires this when commercial abuts commercial.

Mr. Mayer stated that other business could be put on the site that would make a lot more noise, but they are not trying to destroy a neighborhood.

Mr. Deremer asked what the building was for that is connected to the car wash.

Mr. Mayer stated that it is for store of items for the car wash.

Mr. McDonnell asked what the restroom is for.
Mr. Mayer stated that Mr. Cisler could answer this.

Mr. Cisler stated that there will be an office for bookwork.

Mr. McDonnell asked who will own the car wash.

Ms. Cisler stated that he and his wife will own the car wash.

Mr. McDonnell asked if the answers to the criteria for the conditional use permit were correct.

Mr. McDonnell stated yes.

Mr. McDonnell asked if they will abide by the criteria.

Mr. Cisler stated yes.

Mr. McDonnell stated that Mr. Mayer stated that shrubs or some type of screening could be put in and asked if Mr. Cisler agreed with that.

Mr. Cisler stated yes.  It is there intension to put up a nice facility.

Mr. Richard stated that if it is a matter of sound they do make silencers for the dryers that could be installed.  They would deafen the sound but would deplete it by about 20 or 30 decibels.

Mr. Juergensen asked what percentage of business they do between 10 p.m. and 6 a.m.

Mr. Richard stated that it depends on the area but probably 5 to 10% but at the same time the reason you have a 24 hour operation isn’t so you only hit the peak time during the night so that the customer knows that you’re always open and they will keep coming back to the site.  Most car washes in the area are open 24 hours a day so they are not asking for anything that the other car washes don’t already have.

Mr. Juergensen asked if they would be willing to limit the hours of operation.

Mr. Richard stated that is up to Mr. Cisler but what they are asking for is the same consideration as everyone else.

Mr. Juergensen asked about a concern regarding the wells in the area.

Mr. Richard stated this is not an issue.

Mr. McDonnell asked why they need the variance and if not granted how it would affect the plan.

Mr. Mayer stated that the variance will allow the parking to stay in line.  If not granted they will have two less stacking spaces but they will still meet the stacking requirement.

Mr. Deremer closed this appeal to public input.

Mr. Juergensen stated that he doesn’t think a practical difficulty has been established with the applicants own testimony.  Regarding the conditional use permit he looks at what can be put in a B-3 area as a permitted use but they normally would hold normal business hours.  The reason why the car wash is a conditional permit is so the board is satisfied all the conditions set forth have been met.  One of the conditions is that it will not restrict or adversely affect the adjacent property owners and in his opinion he thinks there are ligament concerns as to whether this will affect the adjacent property owners.  He thinks if the board is inclined to grant the request he would hope it would have the restriction to include silencers on the dryers and a fence should be located at the north end of the property.
Mr. McDonnell stated that Whipple Ave. is in transition but there is still a neighborhood in the area.   Mr. McDonnell stated that he believes it would be a determinant to the neighborhood and is not sure that it meets the conditions of 431.2A.

Mr. Deremer agreed with the Mr. McDonnell and is not satisfied that it wouldn’t be a determinant to the neighborhood.

Mr. Juergensen made a motion to deny appeal #1992 in its entirety.

Mr. Dodson seconded the motion.

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

Mr. Juergensen made a motion to adjourn the meeting.

Mr. Dodson seconded the motion.

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

Respectfully submitted,

Joni Poindexter
Zoning Inspector