BZA Minutes 08/14/03

To find a specific item within this document, point and click on Edit in the Toolbar. Dependent on the browser you are using, select Find (on this page) or Find in Frame. Type a keyword or words in the Find what: box then click on Find Next. JACKSON TOWNSHIP BOARD OF ZONING APPEALS Thursday August 14, 2003 MINUTES

Members present:                                                                     Ted Deremer
                                                                                                    Edward McDonnell-absent for appeal #1864 & 1865
                                                                                                    Gerald Werner
                                                                                                    Richard Dodson
                                                                                                    Jim Giulitto
                                                                                                    John Juergensen-Alternate

Zoning Administrator: John Phillippi
Zoning Data Coordinator: Joni Poindexter

APPEAL #1864 – Barbara Bennett, 5233 Stoneham Rd., North Canton, Ohio 44720 agent for Jeffery & Brenda Walters, property owner, 9993 Beryl St. NW, Canal Fulton, Ohio 44614 requests a variance for a 30 ft. front yard setback where a 40 ft. front yard setback is required in Art. IV Sect. 401.6 of the zoning resolution. Property located at 9993 Beryl NW, Sect. 7NW Jackson Twp. Area zoned R-R.

Mr. Deremer read the file application signed by Barbara Bennett with reasons being as stated by the applicant, “The developer of Emerald Estates is required to extend Beryl Avenue or plat the cul-de-sac as a permanent dead end. The neighbors along Beryl want it to become a permanent dead end. The additional right-of-way needed for the circular dead end extends 10 ft. beyond the original right-of-way limits and will reduce the front yard setback by 10 ft. New construction of the house or pavement is not part of this variance.”

The file contained a tax map of the property in question, comments from Ralph Boger of the Jackson Township Highway Department dated 7/14/03, which stated that the highway department has no objection to the proposed cul-de-sac right of way offset as shown in their exhibit or allowing the curb and gutter requirement for the cul-de-sac area to be waived, a site plan showing the cul-de-sac and the location of the home on the property, an ariel view of the allotment, and a copy of the layout of Emerald Estates and how Beryl runs into it.

Mr. Deremer swore in Barbara Bennett, 5233 Stoneham Rd. NW.

Ms. Bennett stated that she works for Canterbury Preserve Limited, who’s the developers of Emerald Estates, and is representing Mr. Walters.

Ms. Bennett gave the board additional copies of the aerial layout and stated that the yellow highlighted area shows the residence in question. The end of Beryl is constructed with pavement, the house is built and the driveway is in, and there are drainage pipes along the cul-de-sac with landscaping. Ms. Bennett stated that the pavement is in good condition as attested to by Mr. Boger’s letter that is in the file.

Ms. Bennett stated when Emerald Estates was built regional planning required that connector streets be attached to existing stub streets at the limits of the subdivision. There is a practical difficulty in tying Beryl St. in with Emerald Estates in particular with the gas line. In trying to comply with regional planning, zoning, and the gas line requirements, the gas company limits the amount of cut and fill that can be conducted over their gas line. Ms. Bennett stated that adding an intersection on top of the gas line would not meet the gas company’s requirements so there is a physical difficulty in tying into Beryl St.

Ms. Bennett stated that regional planning gave them the option of tying into Beryl or making Beryl a permanent dead end cul-de-sac. There is a 50 ft. strip that is dedicated in front of Mr. Walters home. There is a 50 ft. radius temporary easement at the end of the street that they are proposing to make as a permanent right of way. It is basically an invisible line of the right of way moving into Mr. Walters property.
Ms. Bennett stated that the house on the right side would comply with zoning if the invisible right of way line were dedicated in the 50 ft. radius circular fashion. Ms. Bennett stated that the difficulty is the gas easement. The highway and fire department believe with the configuration proposed, it allows them proper access in and around the different developments and it will not harm or hamper the public welfare if the variance is granted.

Ms. Bennett stated that they would have to go back to regional planning for the final dedication of the circular right of way.

Mr. Deremer stated that he understands the cul-de-sac is equally distributed, but it appears that it could be potentially offset to not require a variance.

Ms. Bennett stated if the right of way were offset there would have to be some pavement removal on the north side of the right of way and pavement addition on the south side of the right of way.

Mr. Deremer asked if the cul-de-sac could be pushed 10 ft. so a variance would not be needed.

Ms. Bennett stated that the home on lot #169 would need a variance of about a foot or so if the right of way were offset. Ms. Bennett stated that all the houses on the north side of the street line up with each other.

Mr. Werner stated that the house on the south side is setback further than the rest of the houses and asked why this wasn’t taken into consideration with the cul-de-sac and proposed right of way.

Ms. Bennett stated that they are trying to keep it concentric with the existing pavement.

Mr. Deremer swore in Jeff Walters, 9993 Beryl St. NW.

Mr. Walters stated that the neighborhood would be disrupted if the cul-de-sac were offset.

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. Werner stated that it seems like a lot of thought was put into the request and he does not have a problem with the appeal.

Mr. Deremer stated that the home is already on the property and this is an after the fact type issue; that there wasn’t a cul-de-sac put there originally because the thought was that the street was going to go through someday. Mr. Deremer stated that some issues were discussed about reducing the variance but there are better reasons to keep it where it is at. Mr. Deremer stated that he does not have a problem with the request.

Mr. Dodson made a motion to approve appeal #1864 as requested.

Mr. Werner seconded the motion.

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

APPEAL #1865 – Koehlinger Engineering, 10848-A State Route 212, Bolivar, Ohio 44612 agent for Robert Coen, property owner, 4502 Sherman Church Rd. SW, Canton, Ohio 44706 & Charles Kovach, 8356 Ladonna Circle NW, North Canton, Ohio 44720 requests a conditional use permit for an automotive repair garage on a 0.56 acre lot where a one acre lot is required, a variance for a 5 ft. rear and 10 ft. front parking and landscaping setback where 20 ft. is required, and a 33-1/2 ft. rear building setback where 75 ft. is required in Art. IV Sect. 411.3 & 431.5 of the zoning resolution. Property located at 4505 Hills & Dales Rd. NW, Sect. 25SE Jackson Twp. Area zoned B-3.

Mr. Deremer read the file application signed by Charles Kovach with reasons being as stated by the applicant, “The automotive repair garage already exists as a non-conforming use. By obtaining a conditional use permit the property would no longer be a non-conforming use and would be greatly improved. The expansion is needed due to growth of the business.” The file contained a tax map of the property in question, a site plan showing the proposed improvements, six photos of the property taken by the Zoning Administrator dated July 17, 2003, and the responses 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 Charles Kovach, 8356 Ladonna Circle NW.

Mr. Kovach stated that the property is non-conforming and he would like to make it conforming so they can get some leeway on the square footage and allowance on the building. Mr. Kovach stated that the building will not take up any more room than it’s taking up now and with the addition he will be able to move all the cars that are sitting outside into the building.

Mr. Kovach stated that he is trying to enhance the building and create more business so he can work on wholesale accounts. His waiting area is only 4 x 12’. He would like to make it larger for the convenience of the customers.

Mr. Deremer asked what is different from the previous plan that was in front of the board.

Mr. Kovach stated that he shortened the building by four feet on the west side so one variance would be eliminated. It is kind of hard to get rid of the other variances because of the way the existing building is situated on the property.

Mr. Kovach stated that he can’t shrink the building any smaller due to his type of business. The building was built in the 1950’s or 1960’s and back then the equipment was not available that they have today. A larger building is needed for safety reasons because it is clustered the way it is now and he would like to build something that would be nice for the neighborhood.

Mr. Kovach gave the board a notarized letter from Frank Morelli, the neighbor behind him, which stated that he has no problem with the request.

Mr. Deremer stated that the letter would be in the file but would not be read into the record.

Mr. Dodson asked what is the existing rear and front building setback.

Mr. Kovach stated that the rear is 61 ft. and the front is 66 ft.

Mr. Deremer asked if the addition that is in the back could be put on the front without a variance although it may not be practical.

Mr. Kovach stated that this was his first thought, but for safety reasons it couldn’t be done because people are always cutting through the lot and there wouldn’t be much room for backing in and out of the garage.

Mr. Deremer stated that physically the addition could fit in the front, but for safety reasons it is not practical.

Mr. Phillippi stated that he visited the site and discussed different options with Mr. Kovach. The property has been a repair garage since the 1960’s. The property is non-conforming because it was a permitted use in the B-3 district and then the regulations changed so it now a conditional use within the B-3 district. Mr. Phillippi stated although some variance are needed, some of the variances will create less of a non-conformity than currently exists because Mr. Kovach is asking for a 10 ft. front parking & landscaping setback as opposed to 20 ft., but currently there is a zero ft. setback. The pavement goes right up to the road and there is no landscaping or setback. The building will meet the 16 ft. east side yard setback and in the rear a 20 ft. parking & landscaping setback is required and Mr. Kovach is asking for a 5 ft. setback. Right now there is no setback with only a few trees.

Mr. Phillippi stated that the property has been a nuisance for years and Mr. Kovach has done a good job in improving the property.

Mr. Kovach stated that he is planning on putting a lot of money into the property with the improvements and is thinking about changing the sign to a monument type of signage that will look very nice.

Mr. Deremer reviewed the conditional use permit requirements.

(Section 431.2)

Mr. Deremer stated that it will not detrimental to the property values in the immediate vicinity.

Mr. Kovach stated that the way it is now is detrimental and he will enhance the property.

Mr. Deremer stated that it will not restrict or adversely affect the existing use of the adjacent property owners.

Mr. Kovach stated that he is not going to bother anybody. He is just going to put a fence around the back area to enclose any cars that will be parked in the back.

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

Mr. Kovach stated yes.

Mr. Deremer stated that it will meet the requirements of EPA for storm water runoff when applicable.

Mr. Kovach stated that he will meet what ever he needs to.

Mr. Deremer stated that it will be properly landscaped according to section 411.9 where applicable pursuant to chapter 411 or when specified as a condition for approval.

Mr. Kovach stated that he will probably go over and above that.

Mr. Deremer stated that it will be constructed and maintained in a neat, orderly, and safe condition.

Mr. Kovach stated that he will comply and is doing so now.

(Section 431.3)

Mr. Deremer stated that the board of zoning appeals may limit the hours of operation to ensure that the conditional use is compatible with the surrounding uses and asked what the hours of operation would be.

Mr. Kovach stated that his hours are 8:00 a.m. to 6:00 p.m. but he would like to stay open a little longer for people who work during the day. He would not stay open past 8:00 p.m.

Mr. Deremer stated for parcels of one or more acres, all points for vehicular entrance or exit shall be located no closer than one hundred feet from the intersection of two arterial streets, or fifty feet from the intersection of an arterial street and a local or collector street.

Mr. Kovach stated that he didn’t understand.

Mr. Phillippi explained what this meant stated that they meet the requirement although the property is less than one acre.

Mr. Deremer stated that no lighting shall constitute a nuisance and in no way shall impair safe movement of traffic on any street or highway.