Members present:                                                                    Ted Deremer
                                                                                                    Edward McDonnell
                                                                                                    Richard Dodson
                                                                                                    Jim Giulitto
                                                                                                    John Juergensen-Alternate

Absent member:                                                                       Gerald Werner

Zoning Data Coordinator:                                                       Joni Poindexter

APPEAL #1855 – Jill Taylor agent for Pregnancy Support Center, property owner, PO Box 8451, Canton, Ohio 44711 requests a variance for a 30 ft. front yard setback where a 50 ft. front yard setback is required in Art. IV Sect. 411.5 of the zoning resolution.  Property location is 2.026 acres on the south side of 22nd St. approximately 250 ft. west of Whipple Ave., Sect. 36 SE Jackson Twp.  Area zoned B-3.

Mr. Deremer read the file application signed by Jill Taylor with reasons being as stated by the applicant, “Site location of the building and subsequent grading around the building, particularly on the south side”.  The file contained a tax map of the property in question, comments from Fire Chief Ted Heck dated June 5, 2003 to Joni Poindexter Zoning Data Coordinator, regarding the Pregnancy Support Center, notice of subdivision action from Stark County Regional Planning Commission with a meeting date of June 3, 2003, and a full size site plan dated May 19, 2003.

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

Mr. Deremer swore in Jill Taylor 1401 Market Ave. N., Canton, Ohio 44714.

Ms. Taylor stated that they are trying to address the issues from the planning commission.  Roy Studer made a mistake and put 20th St. on the plan but is it actually 22nd St.  The water retention has not been put into the plan but it will be.  Ms. Taylor stated that they want the building a little closer to the road so they will have more space to circle the entire building and for parking.  The back of the building will have a child’s play area and they want to keep it as far as possible from the drive area.

Ms. Taylor stated that the pregnancy support center is a non-profit organization that provides services for the community.  The building will have two stories, an area for a medical examination room as well as educational rooms and a kitchen for nutritional classes.

Mr. Deremer asked if the actual variance request is off of 22nd St.

Ms. Taylor stated yes and believes the driveway widths and parking spaces have been addressed.

Mr. Deremer asked if there is any problem meeting the requirements of the fire department.

Ms. Taylor stated no.

Mr. Deremer asked if the building is taller than 35 ft.

Ms. Taylor stated no.  There is a walkout basement so from the front it looks like a one story structure.

Mr. Deremer asked Ms. Poindexter if Mr. Phillippi is in agreement that everything is in compliance with zoning except for the variance request.

Ms. Poindexter stated that Mr. Phillippi reviewed the plan and it does meet all the requirements except for what was requested.  The only thing that would need to be changed is that the landscaping in the front that is shown is in the right of way and it would have to be moved out of the right of way.

Mr. Deremer asked if this could be done.

Ms. Taylor stated yes.

Mr. Deremer stated that some of the things that the board needs to hear for a variance request is what is the practical difficulty.

Ms. Taylor stated that the architect was concerned about the rear of the building being so far back because the property drops off in the rear and there would be trouble creating the drive area in the rear.  Ms. Taylor stated that they would also like to have the building closer to the street so it would be more visible to the community.

Mr. Deremer asked if the building would sit in front of the adjacent buildings.

Ms. Taylor stated that it would not because of the way the property sits.  There are storage units and a radio station located to the west of the property.

Mr. Giulitto asked where the child’s play area would be located.

Mr. Taylor stated that it would be in the back of the building and would be fenced.

Mr. McDonnell asked what is located at the northwest corner of the building.

Ms. Taylor stated that there would be a drive in area to drop of cribs and other items.

Mr. McDonnell asked if the building could be put on the property and meet the zoning requirements although it may not be practical.

Ms. Taylor stated that she didn’t know.  They could come to the board and ask to have the property rezoned from B-3 to B-1 because if the property were zoned B-1 then the setback would be 30 ft.

Mr. McDonnell asked if distance from the far corner of the drive to the edge of the property line is more or less then 20 ft.

Ms. Taylor stated that she didn’t know.

Mr. Dodson stated that the plan states that the landscaping will comply in accordance with the Plain Township landscaping requirements.

Ms. Poindexter stated that this is an error on the plan and should say Jackson Township.

Mr. Dodson asked if the landscaping meets the requirements of Jackson Township.

Ms. Poindexter stated yes, except for the landscaping being in the right of way.

Ms. Poindexter stated that the drive that Mr. McDonnell was referring to has to be 20 ft. in width so the building is a lot more than 20 ft. from the rear property line.

Mr. McDonnell asked Ms. Poindexter if she is saying that the drive itself is 20 ft. wide.

Ms. Poindexter stated yes.
Mr. McDonnell stated then the building could be moved back 20 ft. and still meet the rear setback requirements.

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 discussion.

Mr. Dodson stated that he believes the hardship is that the lot is long and narrow and is limited as to what can be built on it so he has no problem with this appeal.

Mr. McDonnell stated that is seems apparent that the building could be put on the lot and not violate zoning so they are not trying to overbuild the lot.  Keeping the parking area away from the play area makes sense and the property drops off in the rear.  Mr. McDonnell stated he believes a practical difficulty has been shown and does not have a problem with this appeal.

Mr. Deremer stated that he believes a practical difficulty has been shown with the topography of the land and there is a hardship so he has no problem with the request.

Mr. McDonnell made a motion to approve appeal #1855 as requested.

Mr. Dodson seconded the motion.

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

APPEAL #1856 – Cecil & Lana Long, property owner, 6173 Huckleberry NW, North Canton, Ohio 44720 requests a variance for a 16 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 6173 Huckleberry NW, Sect. 10 NE Jackson Twp.  Area zoned R-R.

Mr. Deremer read the file application signed by Cecil & Lana Long with reasons being as stated by the applicant, “More footage requested for addition of needed home space.  No other space on property is workable because of gas lines & septic tank”.  The file contained a tax map of the property in question, a site plan showing the location of the proposed addition, a sheet consisting of four colored photos of the property, a two page letter to the Board of Appeals explaining the variance request, a letter to each of the three neighbors explaining the variance request, and a summary of variance request.

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

Mr. Deremer swore in Cecil & Lana Long, 6173 Huckleberry NW.

Mr. Long stated that exhibit #1 is a view of the property from the east side of the house.  Exhibit #2 is a view from the northeast side of the house and shows where the gas service line is located.  Exhibit #3 is a southeast view and exhibit #4 shows where the high pressure gas line is located, which is only two feet from the house.

Mr. Long stated that they tried to determine a location for a bath & bedroom addition on the lower main level of the home.  They found out that there was a high pressure gas line on the property when they attempted to build an addition about ten years ago.  The only place that they can put the addition is on the front of the home and they need a variance because it would be too close to the road.

Mr. Long stated that the street, which is graveled and not dedicated, is maintained by the property owners.  They own three of the six properties that are located on the street; the property in question, 6201-6207 which is a four unit apartment building, and 6169-6171 which is a duplex.
Mr. Long stated their property is addressed to Huckleberry but the map shows the street as Lappin Circle which was never dedicated because the bond was not posted to pave it and to do the improvements to it.

Ms. Long stated that they bought their property 35 years ago and did not realize there was a gas easement on the property until they paid off their mortgage.  They were going to build an addition ten years ago.  A permit was obtained and they were ready to build when they found out how close the gas line was to their house and they could not add the addition where they wanted to build it.  Ms. Long stated that they now have health issues so they would like to add a bathroom and bedroom to the first floor.

Mr. Deremer stated that this is a little confusing because it is a private road and there is not a public right of way.

Mr. Long stated that there is only one home located beyond their home.

Ms. Long stated that there is plenty of land on the property to build the addition however due to the way that the gas lines are on the property it is not possible to add the addition somewhere else.

Mr. Deremer asked if the service line could be relocated.

Mr. Long stated that the service line could be relocated but the addition would still be closer to the cul-de-sac.

Mr. Juergensen stated that he noticed that there is at least 12 ft. from the septic tank and the addition and asked if the addition is exactly 12 ft. away or could it be moved closer.

Mr. Long stated that it is about 12 ft. at this point and could only be moved a very short distance.

Mr. Juergensen asked if the addition could be moved in a south westerly direction by a few feet.

Mr. Long stated that he thinks if it were moved it would be within 10 ft. of the septic tank.

Mr. Deremer stated that a variance goes with the land so the board cannot look at what the home owners condition is such as if they are wheelchair bound or things of that sort.  Although the board may be sympathetic they cannot consider this when granting a variance.

Mr. McDonnell asked if the addition could be built on the property, although it may not be practical, and not violate zoning.

Mr. Long stated yes.

Mr. Deremer asked if anyone else in the audience wanted to speak in favor of this appeal.

Mr. Deremer swore in Richard Reese, 6171 Huckleberry NW.

Mr. Reese stated that he just wanted to make sure the board knew that the street is not a dedicated roadway.

Mr. Deremer stated that the board is aware of this.

Mr. Deremer swore in Ron Choffman & Sandra Gibson, 6195 Huckleberry NW.

Ms. Gibson stated that they live to the north of the Long’s and are buying 2.43 acres on land contract and they have no problem with the request.

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 discussion.

Mr. McDonnell stated that he believes the gas lines are a significant practical difficulty and the addition could fit on the property without violating zoning.  Mr. McDonnell stated that he does not have problem with this appeal.

Mr. Giulitto agreed with Mr. McDonnell and stated that there are no other options but to put the addition in the front.

Mr. Deremer stated that he believes the gas lines are a practical difficulty.  With them being so close to the house it limits any type of expansion and the photos show that the addition will not impose on the surrounding neighbors.  Mr. Deremer stated that he is in favor of the request.

Mr. McDonnell made a motion to approve appeal #1856.

Mr. Dodson seconded the motion.

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

APPEAL #1854 – Scheetz Building Corporation, property owner, 4850 Shuffel Dr. NW, North Canton, Ohio 44720 requests a conditional use permit for an adult day care facility where a conditional use permit is required in Art. IV Sect. 411.3 and a variance for no landscaping within the 10 ft. front parking setback along Frank Ave. where landscaping is required in Art. IV Sect. 411.9 of the zoning resolution.  Property location is 1.816 acres on the northwest corner of Eastlake & Frank Ave., Sect. 14NE Jackson Twp.  Area zoned B-1.

Mr. Deremer read the file application signed by Bryan Ashman with reasons being as stated by the applicant, “DEO will not permit landscaped items within their easement and the developer has a client who wants to operate said facility at this location”.  The file contained a tax map of the property in question, an 11x17” landscaping plan labeled L-1, dated April 28, 2003 with revision date of May 2, 2003, sheet 2 of 2 dated May 8, 2003, a full size site plan dated May 12, 2003, comments from Ted Heck, Fire Chief regarding appeal #1854 dated June 5, 2003, notice of subdivision action from the Stark County Regional Planning Commission for conditional approval, date of meeting May 6, 2003, and the answers to the criteria for the conditional use permit from Bryan Ashman dated May 8, 2003.

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

Mr. Deremer swore in John Scheetz, 7384 Braucher NW, North Canton, Ohio 44720.

Mr. Scheetz stated that all the items that were read into the record have been taken care of.  Mr. Scheetz stated that he would speak on the issues regarding the gas company and fire department and Mr. Ashman would speak regarding the conditional use permit.

Mr. Scheetz stated that when the application was submitted before there was a previous owner who proposed two areas connected with a roof.  Mr. Scheetz stated that he recently purchased the property.  The building will have a little less then 14,000 sq. ft. of professional office building and within that 14,000 sq ft. will be approximately 5,300 sq. ft. for the Sarah Adult Day Care Facility.  Mr. Scheetz presented a drawing that showed all the green space and the entrance off of Eastlake and Frank Ave.

Mr. Scheetz stated that since the drawing was made he had been in contact with Tracy Hogue from the Fire Department and Frank Martin from Dominion East Ohio Gas.  There was a conflict as to what both wanted but they finally came to an agreement that the one driveway to the north would be eliminated and grass would be planted because there is a high pressure gas line that runs through there.  Mr. Scheetz stated that Mr. Hogue had told him that he spoke with Chief Heck and he said that if they furnish a letter to him from the gas company then the fire department could use the parking area further to the north to get to the northern side of the building if needed.  Mr. Scheetz stated that he will have the letter in a few days.

Mr. Scheetz stated that they are requesting a variance to not put in any landscaping along Frank Ave.   This is not their wish however the gas company will not allow any landscaping in their easement, which runs the length of the property along Frank Ave.

Mr. McDonnell asked if the total square footage is 14,000.

Mr. Scheetz stated that it is a little less.  That total is 13,917 sq. ft. and of that amount 5,300 sq. ft. will be for the day care facility.

Mr. McDonnell asked if the day care facility requires licensing by the State of Ohio like nursing homes do.

Mr. Scheetz stated that he believes they do but is not sure.

Mr. Deremer swore in Bryan Ashman, 1359 Market Ave. N, Canton, Ohio 44714.

Mr. Ashman stated that when the access to the north is eliminated they will remove the pavement and the sidewalk.  The primary access into the building will be from the east and south side of the building.  Mr. Ashman stated by removing the north drive they will be picking up three additional parking spaces.

Mr. Ashman stated that they are not only requesting a conditional use permit for the day care facility, but are also requesting a variance for the landscaping along Frank Ave.  Mr. Ashman stated that the landscaper had accounted for the full landscaping requirements for the site and then boosted up the amount of landscaping that is being placed along the Eastlake right of way and along the west end for the additional landscaping.

Mr. Ashman stated that at the last hearing when they were before the board with a different plan, they went through a lot of discussion regarding traffic, the entrance drives and landscaping features.  Mr. Ashman stated that Eastlake will probably be the main access drive and explained what the site plan represented.

Mr. Ashman stated that he does not have the specific plans for the indoor open space but the requirement will be met and they will meet the outdoor required space, which is 2,160 sq. ft.

Mr. Ashman stated that they have not submitted the detailed data for the storm sewer system but it has been completed and they have met all the requirements and are confident that it will be approved by the Stark County Engineer.  They have addressed all the issues regarding the soil and water conservation.

Mr. Scheetz stated that the building will be made brick and frame and will be very nice looking.

Mr. Ashman reviewed the conditional use permit requirements per his letter in the file and stated that the property will be maintained in a neat, orderly and safe condition.  The Sarah Adult Day Care Facility will be responsible for all activities of the facility (west portion of the building) which are directly related to the conditional use permit and will be properly supervised to prevent any hazard, disturbance or nuisance.  The proposed facility has an outdoor open space activity area for the residents located at the west side of the building.  The fenced outdoor activity area is 2,160 sq. ft. and the required outdoor activity area is 36 occupants multiplied by 60 sq. ft. per occupant which equals 2,160 sq. ft.  The west end of the proposed building to be used for the adult day care is 5,300 sq. ft.  The portion to be reserved for indoor open space is not known but will be forwarded to the zoning department upon receipt from the architect.  The outdoor activity area will be enclosed by a fence between 5’ to 6’ in height with entry into said area from the proposed building.  There will also be a lockable gate to the outside area for maintenance purposes.  Mr. Ashman stated that he is not certain where the nearest similar adult day care facility is located.  The site plan represents the location for one proposed monument sign for the facility which will not exceed the permitted square footage.  The facility is not located within 600 ft. of gasoline pumps, underground gasoline storage tanks, or any other storage area for explosive or hazardous materials except for the natural pipelines.

Mr. Deremer asked if there is a gas well on the John Knox church property.

Mr. Ashman stated that he does not believe it is within 600 ft. of the property in question.

Mr. Ashman stated that the proposed improvement will not be detrimental to the property values in the immediate vicinity.  It will not restrict or adversely affect the existing use of the adjacent property owners.  The site will be designed and constructed so that all access drives and access points to the public streets and driveways, parking and service area will meet the approval of the township trustees or county or state agencies where applicable.  Ms. Ashman stated that they are meeting with the fire chief to make certain that this is acceptable with all the aspects of the project.

Mr. Ashman stated that they will meet the requirements of the EPA for storm water runoff.  The property will be properly landscaped according to section 411.9 of the zoning resolution subject to the variance request that they are asking for.  The site will be constructed in a neat, orderly and safe condition.

Mr. McDonnell stated that there are a few other items that need to be reviewed for the conditional use permit per section 431.3(C)1.

Mr. McDonnell swore in Dr. Griff, 4804 Armandale NW, Canton, Ohio.

Dr. Griff stated that she is the owner of the Sarah Adult Day Care Facility.

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

Dr. Griff stated that the hours of operation would be 7:00 a.m. to 6:00 p.m.

Mr. McDonnell asked where the entrance points would be located.

Mr. Ashman stated that the entrance on Frank is 180 ft. north of the intersection of Frank and Eastlake and the entrance on Eastlake is 220 ft. west of the intersection of Frank and Eastlake.

Mr. McDonnell asked what type of lighting they would have.

Mr. Scheetz stated that there would be lights on the building that will come on at night and the parking lot lights will be some type of down lighting.

Mr. McDonnell asked if there would be any floodlights, searchlights or loud speakers.

Mr. Scheetz stated no.

Mr. McDonnell asked if the trash receptacles would be screened.

Mr. Scheetz stated that he is not sure where the trash receptacles would be located but they would be property screened and in compliance with the regulations.

Mr. Ashman stated that he is a licensed engineer with the State of Ohio and he will be stamping the proposed site plan and drainage calculations which will be submitted through the Stark County Subdivision Engineer for review.

Mr. McDonnell stated that most of section 431.6(H) has been covered and that Mr. Ashman will be submitting the actual dimensions of the day care home open space area.  Mr. McDonnell stated that Mr. Ashman indicated that there is an emergency exit in the outside recreation area.

Mr. Ashman stated this is correct.

Mr. Scheetz stated that there are several doors on the building.

Mr. Deremer asked if the building would be sprinkled.

Mr. Scheetz stated no.  There is a fire wall on the back side of the day care portion of the building.

Mr. McDonnell asked if all activities will be directly related to the day care facility and will be properly supervised.

Mr. Scheetz stated yes.

Mr. McDonnell asked if there is a licensing requirement with the adult day care facility.

Ms. Griff stated not in the State of Ohio.

Mr. McDonnell stated that it was indicated that 2,160 sq. ft. of outdoor open space will be provided.

Mr. Ashman state yes.

Mr. Scheetz stated that 35 sq. ft. per occupant will be provided for indoor space.

Mr. McDonnell asked if the sign would not exceed four square feet.

Mr. Scheetz stated that this is correct.

Mr. Scheetz stated that his goal is to make the building very attractive and better than the existing surrounding buildings.

Mr. McDonnell asked how many parking spaces there will be on the property.

Mr. Ashman stated that there would be 48 regular spaces and three handicapped spaces for a total of 51 spaces.  With the pavement gone at the north end they may pickup three more parking spaces for a total of 54.  Mr. Ashman stated that they only need 48 spaces to meet the requirements per zoning.

Mr. McDonnell asked Mr. Ashman if it is his testimony that the landscaping plan that was submitted with the application does correctly represent the landscaping that they will be doing.

Mr. Ashman stated yes.

Mr. McDonnell asked if it does not meet the requirements of the township, will they make the necessary changes to meet the requirements.

Mr. Ashman stated yes.

Mr. Deremer asked if there would any objections if it was put in the motion that the adult day care portion of the building would not exceed 5,300 sq. ft.

Mr. Scheetz stated that he does not have a problem with this.

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 discussion.

Mr. McDonnell stated that he believes the requirements for the conditional use permit have been met with a few exceptions.  It appears that the landscaping has been met and he understands the requirement for the landscaping variance is legitimate due to the gas line.  The areas that he had some concerns about have been addressed.  Mr. McDonnell stated that he believes Mr. Ashman has addressed the concerns from regional planning and if the application is approved he would like to make meeting the requirements of regional planning and the fire department a condition.  Mr. McDonnell stated that the landscaping was not reviewed in detail but he would like the zoning office to look at it to make sure that the submitted plan meets the requirements and that the trash receptacles are adequately screened.

Mr. McDonnell stated that he sees no reason not to make the conditional use permit and variance as one motion.

The board had no further comments.

Mr. McDonnell made a motion to approve appeal #1854 with the condition that the plan meet the requirements of Stark County Regional Planning Commission and the Fire Department, the landscaping plan will be reviewed and approved by the Zoning Department and the trash receptacles will be properly screened with the zoning office making that determination, and the fact that the adult day care center shall not exceed 5,300 sq. ft.

Mr. Dodson seconded the motion.

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

Mr. Deremer stated that the conditional use permit and variance have been approved.

Mr. McDonnell made a motion to adjourn the meeting

Mr. Juergensen seconded the motion.

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

Respectfully submitted,

Joni Poindexter
Zoning Data Coordinator
Clerk/Secretary