Members present:                                                            Ted Deremer
                                                                                            Edward McDonnell
                                                                                            Richard Dodson
                                                                                            Jim Giulitto
                                                                                            Eric Oldroyd
Absent:                                                                              John Juergensen
Zoning Inspector:                                                              Joni Poindexter
Zoning Coordinator:                                                         Lori Foutz

APPEAL #2038 – Diane Varavvas, 63 West Drive, Hartville, OH 44632, property owner, Jackson Football Sideliners/Bob Preece, PO Box 36201, Canton, OH 44735, applicant, request a variance for an 80 sq. ft. off-premise temporary sign for a period of one year where a 40 sq. ft. temporary sign is permitted for a period of 30 consecutive days within a 6 month period per Art. IV, Sect. 504.2(3) of the zoning resolution.  Property location is east side of intersection of Wales Ave. and Mudbrook St, Massillon, Sect. 16SE Jackson Twp.  Area zoned B-3.

Mr. Deremer read the application signed by Bob Preece and the reason for the appeal as listed in the file.  The file contained a sketch of proposed sign, an agreement letter between Diane Varavvas and Bob Preece dated 6/22/06, and a tax map.  Also in the file was an aerial view of the parcel and adjoining parcels.

Mr. Deremer swore in Bob Preece, 7968 Oakdale St, NW, Massillon, OH 44646, to speak on behalf of the Jackson Township Football Sideliners.

Mr. Preece stated they are asking for their sign to remain until June 10, 2007 of which time they will remove the sign.  This is the last year due to the condition and age of the sign.  After this date they will go to a new site with a new sign.

Mr. Deremer clarified this sign is no bigger or smaller, it is just a renewal of what is currently on the property.

Mr. Preece stated that is correct.

Mr. Deremer clarified that the sign would still be the same distance from the road.

Mr. Preece stated yes.

Mr. Oldroyd asked how many years the sign has been there.

Mr. Preece stated he believes since November 15, 2001.

Mr. McDonnell asked what purpose the sign serves to remain up after the football season which would be end of December.  The sign will be removed permanently in June anyway.

Mr. Preece stated he will remove the sign according to what the board decides.  The sign serves another purpose; Mama Bears’ advertises on this sign in the spring.
 

Mr. Giulitto asked if there is any possibility the sign would stay up passed June 2007.

Mr. Preece stated it was decided in one of their meetings that due to the condition of the sign it would be removed in June 2007.

No one in the audience spoke in favor or opposition of the application.  The meeting was closed to public input and the board deliberated.

Mr. Oldroyd stated that he does not have a problem approving the appeal as requested.  He feels there is no need to limit the sign to 6 months with the levies coming up and the fact they use the sign for Mama Bear’s.

Mr. Giulitto stated he concurs with Mr. Oldroyd.  He feels it may help the school in the future so he does not feel they should limit the timeframe.  They have not to date had a problem with the sign and they know it will be removed June 2007.

Mr. McDonnell stated the other sports in Jackson request temporary signs.  The board has been very specific that the sign be removed after the season.  He was questioning the limit of the sign due to consistency and fairness with other sports.  However, he does not have a problem granting the variance.

Mr. Giulitto made a motion to approve the appeal as submitted.

Mr. Oldroyd seconded the motion.

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

APPEAL #2039 – Tri Development Corp, 3681 S. Green Rd, Beachwood, OH 44122, property owners, request a variance for a 10’-8” north side yard setback for principal use where 16 ft. side yard setback is required per Art. IV, Sect. 411.5 of the zoning resolution.  Property located at 5021 Whipple Ave NW, Canton, Section 24SE Jackson Twp.  Area zoned B-3.

Mr. Deremer read the application signed by Andrew Soclof and the reason for the appeal as listed in the file.  The file contained an 8 ½ x 11, 11 x17, and full size drawing of the proposed site plan labeled Art Diamond Jewelers dated 6/21/06.  Also in the file was an aerial view of the parcel and adjoining parcels.

Mr. Deremer swore in Andrew Soclof, 3681 S. Green Rd, Beachwood, OH to speak on behalf of the application.

Mr. Soclof stated they are in the process of renovating the old Pizza Hut building.  The new tenant, Art Diamond Jewelers, would like to add an addition on the building.  The existing building is currently at 10’-8’ on the side yard.  The addition would follow the same line with the building.

Mr. Deremer asked if they meet the rear setback.

Mr. Soclof stated they do meet the rear setback.

Mr. Deremer asked what the addition size is.

Mr. Soclof stated the addition is 792 square feet.  The total building will be 3700 square feet.

Mr. Deremer asked if it will be multiple use.

Mr. Soclof stated it will be one use.  He stated they will be adding a new roof and face to the building.  The use will change from restaurant to retail use.

Mr. McDonnell clarified the proposed addition is 22 x 36, with the 22 ft. being along the rear.  He asked why they can’t rotate the addition 90 degrees and put the 22 ft. along the side to meet the setbacks.

Mr. Soclof stated they wanted to square off the building and not add any additional corners.  They kept the proposed addition in line with the existing building.  He presented to the board a picture of the existing building.

Mr. Deremer marked the picture as Exhibit 1.  He verified their plan was to maintain the existing side yard setback in adding the addition.

Mr. McDonnell asked Mr. Soclof if he was the property owner.

Mr. Soclof stated he represents the property owner.

Mr. McDonnell asked if he had considered rotating the building.

Mr. Soclof stated he did not consider rotating the building.  He was keeping in line with the existing building.

Mr. Alan Meltzer, 201 N. Market, Canton, spoke in favor of the appeal.  Mr. Meltzer stated he feels this is an ideal location.  The trend in this business is to go to a freestanding unit and away from the malls.   The average jeweler has 15 showcases, and this store will have 30 showcases.  They wanted a squared off building with the storage space off the hallway so it would be accessible.  This building has been empty for 2 years.

Mr. Scolof presented a picture to the board showing the land drop off on this side of the building.  He stated with this drop off he is not sure rotating the building would work.

Mr. Deremer marked this picture as Exhibit #2.

No one else in the audience spoke in favor or opposition of the appeal.  The meeting was closed to public input and the board deliberated.

Mr. Deremer asked zoning if there is an existing variance.

Ms. Foutz stated there is no record of an existing variance.

Mr. Deremer stated he believes at one time zoning allowed a 10 ft. side yard setback.  This would explain why there is no variance.

Mr. McDonnell stated he believes years ago they were permitted to have a 10 ft. side yard setback.  Typically the board has been somewhat liberal with maintaining the existing side line.  He stated he feels it would not be practical to rotate the building to meet the setbacks.  He feels esthetically it is more pleasing, and the drop off may be a problem.  Since they are not asking for more than what they currently have he would not have a problem granting this variance.

Mr. Deremer stated since this is a continuation of the existing setback.  He stated if granting the variance is what it takes to renovate the building, this is an advantage to the township versus leaving the building vacant.  He also stated the resolution may have allowed this setback at one time.

Mr. Dodson made a motion to approve appeal #2039 as submitted.
 
Mr. Giulitto seconded the motion.

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

APPEAL #2036 – Oster Sand & Gravel, 5947 Whipple Ave, NW, North Canton, OH 44720, property owners, request a renewal to a previously approved conditional use permit for surface mining where a conditional use permit is required per Art. IV, Sect. 411.3 of the zoning resolution.  Property located at 1955 Riverside Ave NW, Massillon, Sect. 6NE Jackson Twp.  Area zoned I-1.

Mr. Deremer read the application signed by Scott Oster and the reason for the appeal as listed in the file.  The file contained a letter dated 5/30 with the responses to the conditional use questions from the zoning resolution book, and an 11x17 site plan showing the proposed area highlighted.  Also in the file was an overview map of the parcel and adjoining parcels.

Mr. Deremer swore in Scott Oster, 9946 Boston Avenue, North Canton, to speak on behalf of the appeal.

Mr. McDonnell stated he has some concerns with the way the appeal was advertised.  The conditional use permit was advertised as a renewal of a previously approved conditional use permit and does not state anything about the additional acreage.  He does not feel legally they could hear the appeal tonight since the additional acreage was not mentioned.  He stated he feels zoning will need to re-advertise in the newspaper before the board can hear the appeal.

Mr. McDonnell advised Mr. Oster he has two options.  One option would be to proceed with the renewal portion only of the conditional use permit now.  The second option is to allow the township to re-advertise and hear the renewal and/or new acreage addition for the conditional use permit at the meeting in August.

Mr. Oster stated he would rather hold off and lump everything together under one permit.

Mr. McDonnell asked if his current conditional use permit expired.

Mr. Oster stated the permit expired the end of June.

Mr. Deremer made a motion to extend the previously approved conditional use permit #CU314 for surface mining of 56 acres thru August 30, 2006.

Mr. Dodson seconded the motion.

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

Mr. Deremer made a motion to withdraw the application for the July 13, 2006 meeting and reschedule for the meeting in August.  This will allow time for zoning to re-advertise the request in the newspaper.

Mr. McDonnell seconded the motion.

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

Mr. Deremer asked if there were any comments or a motion on the minutes from the meeting of May 25, 2006.  All members were present except for Mr. McDonnell and Mr. Juergensen.

Mr. Giulitto made a motion to approve the minutes from May 25, 2006 meeting as written.

Mr. Dodson seconded the motion.

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

Mr. Deremer asked for a motion for adjournment.

Mr. McDonnell made a motion for adjournment.  Mr. Giulitto seconded the motion.  All were in favor.

Respectfully submitted,

Lori Foutz
Zoning Coordinator