Members present:                                                Ted Deremer
                                                                                Edward McDonnell
                                                                                Jim Giulitto
                                                                                John Juergensen
 

Absent Members:                                                 Richard Dodson
                                                                                Eric Oldroyd

Zoning Data Coordinator:                                    Andrea Paumier
 

Mr. Deremer stated that the Board needed to elect a new Chairman and Vice Chairman for the year 2008.

Mr. McDonnell stated that Mr. Deremer has done a good job as Chairman and does not see any reason for him not to continue as Chairman. Mr. McDonnell made a motion to nominate Mr. Deremer as Chairman for the year 2008.

Mr. Giulitto seconded the motion.

The vote was: Mr. Juergensen – Yes, Mr. Giulitto – Yes and Mr. McDonnell – Yes.

Mr. Giulitto stated that Mr. McDonnell has done a fine job over the years in the absence of Mr. Deremer as Vice Chairman. Mr. Giulitto made a motion to nominate Mr. McDonnell as Vice Chairman for the year 2008.

Mr. Juergensen seconded the motion.

The vote was: Mr. Juergensen – Yes, Mr. Giulitto – Yes and Mr. Deremer – Yes.

Appeal #2101 – Elbert C. Hurd, 7980 Cheryl Lane St. NW, Massillon, OH 44646, property owner, requests a variance for a 7 ft. rear setback for an accessory building where 15 ft. is required per Art. IV, Sect. 401.11 of the zoning resolution. Property located at: 7980 Cheryl Lane St. NW, Sect. 16SW, Jackson Twp., area zoned R-R.

Mr. Deremer read the file application and the contents of the file.

Mr. Deremer asked who would like to speak on behalf of this appeal.

Mr. Deremer swore in Elbert Hurd, 7980 Cheryl Lane, St. Massillon, OH 44646.

Mr. Hurd stated that he is here this evening to get a variance for the back property line. Mr. Hurd stated that the building was constructed by Alpine Structures and he was not aware that he needed a permit for the building to be constructed. Mr. Hurd stated that he has cut down two apple trees to place the structure where it currently sits. Mr. Hurd stated that where the structure currently is, is the driest part of his property in the back. He also had five tons of gravel hauled in to be places under the building.

Mr. Deremer stated that Mr. Hurd wasn’t aware that a permit was required.

Mr. Hurd stated no, the current building replaced the old building and is approximately located in the same located, just a little further back.

Mr. Deremer asked what size the structure was.

Mr. Hurd stated that it is 10 x 20 ft.

Mr. Deremer clarified that the structure is 200 sq. ft.

Mr. Hurd stated that is correct.

Mr. McDonnell concurred that this structure was build by Alpine Structures.

Mr. Hurd stated that is correct.

Mr. McDonnell asked if they brought in the building or if it was built on the site.

Mr. Hurd stated that it was built on the property.

Mr. McDonnell asked if Mr. Hurd or Alpine Structures received a building permit.

Mr. Hurd stated no, he wasn’t aware he needed a permit.

Mr. Deremer asked what size the old shed was.

Mr. Hurd stated that it was 8 x 12 ft.

Mr. McDonnell asked how difficult it would be to move the shed 8 ft. to be in compliance with the zoning resolution.

Mr. Hurd stated that his a slope garden coming down to the shed and it would be pretty difficult to move it.

Mr. McDonnell asked how the long shed has been there.

Mr. Hurd stated since July 2007.

Mr. McDonnell asked how Mr. Hurd found out he was in violation.

Mr. Hurd stated that he received a letter from the Zoning Department stating that he has a violation.

Mr. Giulitto asked how the Zoning Department found out.

Mr. Hurd stated that he is having an addition built on his property, the Zoning Department may have found out that way but he isn’t sure.

Mr. Giulitto stated that Mr. Hurd stated something about the slope of the land and the garden and asked Mr. Hurd to show him on the aerial map.

Mr. Hurd approached the bench.

Mr. Deremer stated that on the site map is showing 35 ft. between the pool and the shed.

Mr. Hurd stated that is where his garden is located.

Mr. Deremer asked if there is landscaping in that area as well.

Mr. Hurd stated yes, there are a few small trees.

Mr. Deremer swore in Sidney A. Burns, 5864 Wellington Cir.

Mr. Burns stated that he has no problem with this request. There is a fence between the two properties and the old shed has been there for 30 years.

Mr. Deremer asked if the current location is the best place for it.

Mr. Burns stated yes due to the main sewer for the allotment runs on the property line on that side down into the storm sewer in front of his home. Mr. Burns stated that if he were to move the shed it would flood the property.

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

Mr. Deremer swore in Bill Bake, 7964 Cheryl Lane St., Massillon, OH 44646.

Mr. Bake stated that his property is just east of the property in question. Mr. Bake stated that if the code states that it has to be 15 ft. then he thinks it should be 15 ft. Mr. Bake stated that water does lay there but there is no reason Mr. Hurd couldn’t move it up 15 ft. The shed is currently less then half of what it is supposed to be.

Mr. Deremer confirms that the water runs between Mr. Bake’s property and Mr. Hurd’s property.

Mr. Bake stated that is correct.

Mr. Bake stated that if a permit was issues it states how far you are to stay from the property lines.

Mr. Hurd stated he and Mr. Bake are currently in a legal dispute and that is his problem with where the shed is located.

Mr. Deremer asked if the legal dispute is due to the shed.

Mr. Hurd stated no it is not.

Mr. McDonnell asked where Alpine Structures is located.

Mr. Hurd stated they are located off Route 62 in Dalton.

Mr. Deremer closed this appeal to public input.

Mr. McDonnell stated that he sympathizes with Mr. Hurd. Alpine Structures should have known or checked if a permit was needed before the structure was built on the property. Mr. McDonnell stated that the Board is required to find a practical difficulty and he hasn’t seen a practical difficulty.

Mr. Juergensen concurred with Mr. McDonnell. The applicant whether directly or indirectly created this problem.

Mr. Giulitto concurred with Mr. McDonnell and Mr. Juergensen. Mr. Giulitto stated that Alpine Structure knew better then to construct a shed without checking for setback requirements or receiving a permit.

Mr. Deremer stated that he agreed with the other Board members. The old shed was fine located where it was because it was a smaller structure which changes the setback requirements. Mr. Deremer stated that the old shed was under 120 sq. ft. so the rear setback was only 5 ft. and now the structure is 200 sq. ft which jumps the rear setback to 15 ft.

Mr. McDonnell made a motion to approve appeal #2101 as requested.

Mr. Juergensen seconded the motion.

The vote was: Mr. Juergensen – No, Mr. Giulitto – No, Mr. McDonnell – No and Mr. Deremer – No.

APPEAL #2102 – Tom Angle, 8765 Jane St. NW, Massillon, OH 44646, property owner, requests a variance to add an additional 180 sq. ft. accessory building in addition to the 1200 sq. ft. accessory building for a total of 1380 sq. ft. where 1200 sq. ft. is permitted per Art. IV, Sect. 401.12 of the zoning resolution. Property located at: 8765 Jane St. NW, Sect. 29SW, Jackson Twp., area zoned R-R.

Mr. Deremer read the file application and the contents of the file.

Mr. Deremer asked who would like to speak on behalf of this appeal.

Mr. Deremer swore in Tom Angle 8765 Jane St. NW, Massillon, OH 44646.

Mr. Angle stated that he would like to keep the small shed on his property. All of his tools and lawn equipment are stored on the structure. The larger building isn’t finished inside yet and he does not want to put everything in the garage yet because it still has to be wired and insulated and the walls put up yet.

Mr. Deremer asked if Mr. Angle wants the small shed to remain on the property permanently or just until the garage is completely finished.

Mr. Angle stated that it is up to the Board. He is able to remove the small shed as soon as the garage is finished if that is what the Board would like, he would just like to leave the shed there until he is able to finished the inside of the garage.

Mr. McDonnell asked if it was Mr. Angle’s intent to replace the little shed with the garage.

Mr. Angle stated no, but he was told that he had to remove the little shed once the garage was complete.

Mr. McDonnell asked how much time Mr. Angle would need to finish the inside of the garage.

Mr. Angle stated that he wouldn’t be working on the garage until the Spring. Mr. Angle stated maybe a year.

Mr. McDonnell stated that is not a reasonable time span.

Mr. McDonnell asked if Mr. Angle is building this garage himself.

Mr. Angle stated no, he has a contractor build the structure. Mr. Angle stated that here is no wiring, insulation or walls on the inside.

Mr. Giulitto stated that the garage is basically a shell.

Mr. Angle stated that is correct.

Mr. Deremer asked if the garage would be one open room or divided into more rooms.

Mr. Angle stated it would just be one room with 10 ft. garage doors.

Mr. Angle stated that he has to insulation the garage in order to heat it.

Mr. McDonnell asked how the Zoning Department found out about the structures in question.

Mr. Angle stated that the inspector Ron Revlock.

Mr. Deremer stated that he does have a copy of the zoning certificate in the file and it states in the condition box that the applicant is to remove the existing 10 x 18 ft. shed upon completion of the pole barn.

Mr. Deremer asked if Mr. Angle intention is to keep both structures on the property.

Mr. Angle stated that he would like to but that is up to the Board.

Mr. Deremer asked if a six month time limit would be sufficient.

Mr. Angle asked if he could have a year to complete the pole barn.

Mr. Giulitto asked if the pole could be completed by the end of 2008.

Mr. Angle stated that should be a significant amount of time.

Mr. Deremer swore in Jim Blankenship, 8723 Jane St. NW, Massillon, OH 44646.

Mr. Blankenship stated that he is Mr. Angle’s next door neighbor. Mr. Blankenship stated that he doesn’t see any problems with the request, or even maintaining the small shed. Mr. Blankenship stated that keeping both structures on the property is fine with him.

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

Mr. Deremer closed this appeal to public input.

Mr. McDonnell stated that looking at the zoning certificate dated December 11, 2006. In the comment box it states that the 10 x 18ft. shed is to be removed upon completion of the 1200 sq. ft. pole building. Mr. McDonnell stated that it appears to be that the Zoning Department would not have issued the permit if it had not been a condition of granting the certificate of the 1200 sq. ft. pole building. Mr. McDonnell stated that the Board is required to find a practical difficulty and he has not seen one. Mr. Angle stated that he does not need the 10 x 18 ft. shed once the 1200 sq. ft. building is complete. Mr. McDonnell stated that a practical difficulty has not been met and he recommends the Board to give the applicant a reasonable amount of time to finish the other building and then remove the 10 x 18 ft. shed.

Mr. Juergensen concurred with Mr. McDonnell and asked if there is a suggestion of a time frame.

Mr. Deremer stated that Mr. Giulitto suggested to give the applicant until the end of the year, 2008 which is eleven months from now.

Mr. Juergensen stated that he would like to see a time frame to maybe the end of October. Mr. Juergensen stated that he feels 11 months is too long.

Mr. McDonnell concurred with Mr. Juergensen, 9 months is a sufficient amount of time. Mr. McDonnell stated that once October arrives, if the applicant needs more time then he can come back to the Board and request more time.

Mr. Giulitto stated that this is indoor work that needs to be completed. Mr. Giulitto stated that he agrees that October 31st is fine with him.

Mr. Giulitto made a motion that Appeal #2102 be approved with the condition that the 10 x 18 ft. shed be removed by October 31st, 2008.

Mr. Juergensen seconded the motion.

The vote was – Mr. Juergensen – Yes, Mr. Giulitto – Yes, Mr. McDonnell – Yes and Mr. Deremer – Yes.

Mr. Giulitto stated that he wondered if there was any reason why the Rules and Procedures of this Board couldn’t be placed in the book. Mr. Giulitto stated that if the Chairman and Vice Chairman couldn’t attend a meeting for some reason. The Rules and Procedures would be located in the Zoning book.

All Board members discussed.

Mr. Juergensen stated that the Board may also want to consider adding to the presentation to the public, anyone who would like to speak neutral to the appeal because some of the public do not know when to speak.

All Board members discussed.

Mr. Juergensen made a motion to adjourn the meeting.

Mr. Giulitto seconded the motion.

All were in favor.

Respectfully submitted,

Andrea Paumier
Zoning Data Coordinator