Members present:                                                        Ted Deremer
                                                                                        Edward McDonnell
                                                                                        Jim Giulitto
                                                                                        Richard Dodson
                                                                                        John Juergensen
Alternate Member:                                                        Eric Oldroyd

Zoning Inspector:                                                          Joni Poindexter

Appeal 2066 –Thomas Winkhart, 825 South Main St, North Canton, OH 44720 agent for Campbell Oil Co., 611 Erie St. South, Mass. OH 44646, property owner, requests a variance for a 5 ft. rear building setback where 16 ft. is required and a zero ft. setback for a detached dumpster enclosure where 5 ft. is required per Art. IV Sect. 411.5 & 411.10 of the zoning resolution.  Property located at 5508 Wales NW, Sect. 21NE Jackson Twp.  Area zoned B-3.

Mr. Deremer read the file application and stated there is a letter in the file from Mr. Winkhart asking for a continuance until April 26, 2007.

Mr. Deremer made a motion to continue appeal 2006 until April 26, 2007 at 7:00 pm.

Mr. McDonnell seconded the motion.

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

Appeal 2067 – Thomas E. Hartnett, P.O. Box 24313, Canton, OH 44701, agent for One HOF Bridge Company LLC, 4835 Munson Street NW, Canton, OH  44718, property owner, requests a variance for a 2.5 ft. rear building setback where 25 ft. is required per Art. IV, Sect. 411.5 of the zoning resolution.  Premises affected: Parcel #1629645 and #1611032 near the corner of Dressler and Promler, Sect. 13NE Jackson Twp.  Area zoned I-1.

Mr. Deremer read the application and contents of the file.  The file contained a letter from ODOT regarding the setback and property along I-77, which stated they have no objection to the variance as long as its does not encroach onto their property.

Mr. Deremer swore in Tom Hartnett, Jennifer Schumacher and Grant Glitz.

Mr. Tom Hartnett, PO Box 24313, Canton, Ohio 44701 stated they are requesting a variance for the rear setback.  Mr. Hartnett gave some background on the property, showed an overhead photo and stated that Interstate 77 runs fairly straight but for some reason it juts out where the property is located.  Beggs RV was previously located on the property and used the jutted out portion of I-77’s right of way because they thought it was their property.

Mr. Deremer marked the overhead photo as exhibit #1.

Mr. Hartnett stated his client is trying to acquire the property from ODOT and it takes some time.  Mr. Hartnett stated there are two buildings proposed on the site plan: Levin furniture which is 60,000 sq. ft. and a Quaker Steak & Lube.  They cannot locate the Levin furniture building anywhere else on the property if they wanted to have both buildings.  Mr. Hartnett stated the property is zoned I-1 and he doesn’t think variance would affect the character of the neighborhood.  If they can’t get two buildings on the property then they can’t go ahead with the development.

Ms. Jennifer Schumacher, 5233 Stoneham Rd. explained the site plan and stated the building would be sprinkled and there would be two access lanes for fire purposes.

Mr. Giulitto asked what the size of the building would be to comply without the variance.

Mr. Glitz, 4835 Munson NW stated they originally wanted 80,000 sq. ft; however, they were able to shrink it to 60,000 sq. ft, which is the smallest they would allow.  They thought the building fit until they learned about the jog in the property.  Only one corner of the building would need the variance.

Mr. Juergensen asked if the property that is owned by ODOT will be purchased if the variance is granted.

Mr. Glitz stated yes.

Mr. Hartnett stated the reason for the variance is so they can get started on the construction because it takes a while for the paper work to go through when obtaining property from ODOT.

Mr. McDonnell asked why the Quaker Steak & Lube and the furniture store location were not switched.

Ms. Schumacher stated that it still didn’t fit.

A color photo was entered into the record as exhibit #2.

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

Mr. Deremer swore in Steve Smith, 6501 High Mill NW.  Mr. Smith stated he is a potential tenant and is in favor of the variance.  Mr. Smith stated they layout is the best for the property.

Mr. Deremer sworn in Mr. Andrew Findlay, 3310 Overhill Dr. NW, who stated he is not in favor or against the plan but this father owns property at 6253 Promler.  He was concerned with the traffic and asked if there would be any type of barrier between the properties.  Mr. Findlay stated he has been to Quaker Steak & Lube in other areas and people with fancy cars frequent this place.  He is concerned with the hot rod type cars in the parking lot and if Levin or Quaker Steak & Lube is busy there will be overflow parking and people may park along the street or on his father’s property.

Mr. Deremer swore in Mr. David Findlay, 3310 Overhill Dr. NW, who stated there is an easement for utilities along the property.  Mr. Findlay stated that he wants his property protected from cars that may come to the property.  Twice a year Poncho’s has something in their parking lot where the entire area is filled and with another restaurant there will be times when the whole area is crowded.  He just wants his property protected.

Mr. Robert Bolan, 6455 Cardinal Hill stated he is the President of Canton Lube Partners and this will be their second Quaker Steak & Lube because they have one in Charleston, West Virginia.  They have had about 40 bike nights with security guards and there have been very few, if any, problems in the past.  Mr. Bolan stated that they would ask the Jackson Police to allow off duty patrolmen to watch over the bike nights.

Mr. McDonnell asked if Mr. Bolan is saying that they would provide security for the bike nights.

Mr. Bolan stated yes.

Mr. Hartnett stated there would be a retaining wall between the properties as a barrier.

Ms. Schumacher explained where the wall would be located and explained the requirements for drainage.

Mr. McDonnell asked if the Stark County Engineer would approve the drainage plans.

Ms. Schumacher stated yes.

Mr. Deremer closed this appeal to public input.

Mr. Juergensen stated the property is zoned I-1 and the lot is irregular shaped, which seems to be a practical difficulty, and he doesn’t think the spirit and intent of the zoning resolution would be violated by granting the variance.

Mr. McDonnell concurred with Mr. Juergensen and stated ODOT’s letter indicates the jog in the property may have been required in the past and they have no objection to the variance.

Mr. Giulitto made a motion to approve appeal #2067 as requested.

Mr. Juergensen seconded the motion.

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

Appeal 2068 – Robin Warstler, 5126 Birkdale St NW, Canton, OH 44708 requests a variance for a 40 ft. minimum lot width at the 100 ft. setback where 100 ft. is required per Art. IV Sect. 401.5 of the zoning resolution.  Property located at 5126 Birkdale St. NW, Qtr. Sect. 35 SE, Jackson Twp., zoned R-R.

Mr. McDonnell recused from appeal 2068; therefore, Mr. Oldroyd participated in the hearing.

Mr. Deremer read the file application and contents of the file.  Mr. Deremer swore in Robin Warstler, 5126 Birkdale NW.

Mr. Warstler stated that his property is 19 to 20 acres and is pretty much land locked except for the access onto Birkdale.  He doesn’t have an immediate plan to use the property but he has children who are grown and one of them may want to build a home on the property.  The zoning requirement is 100 ft. wide at the 100 ft. setback and the lot would only be 40 ft. wide at the 100 ft. setback.  The building line would be further than the 100 ft. setback.

Mr. Deremer asked why the request is for 40 ft.

Mr. Warstler stated with the 40 ft. he only needs a one variance and there is a creek on three sides of the property that would be 5 acres.  Mr. Warstler explained the location of the existing driveway and if split the driveway would be a shared access.  Mr. Warstler stated the property could not be developed any further due to the street frontage.

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

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

Mr. Vladimir Djuric, 5186 Birkdale stated that is not opposed to the request but had a couple of questions.  Mr. Djuric stated that Mr. Warstler assured him that his intentions are to utilize the property for his children; however, once the variance is granted the property could be sold to someone else and he is not sure what kind of assurance they have that someone wouldn’t develop it.  Mr. Djuric asked if the property could later be developed into smaller lots.

No one else in the audience spoke.

Mr. Warstler stated he doesn’t see any other foreseeable way to split the property further geographically or legally.  There is virtually a moat around three sides of the 5 acres piece that prevents accessing it from another street.  Mr. Warstler stated he can’t guarantee one of his children will build on it but that is his motive.

Mr. Deremer asked if there would be deed restriction on the property.

Mr. Warstler stated yes.  They would have to share a drive easement and he would have to approve what is built.

Mr. Deremer closed to public in put.

Mr. Dodson asked if there are two properties using the same easement driveway, is there anyway the 5 acres parcel could be split without putting another driveway in.

Ms. Poindexter stated no because the property has to have street frontage and if the variance is granted each property would have street frontage but there would be no way to get more street frontage off of Birkdale.  Ms. Poindexter explained if the property abutting the 5 acres where to be developed there would be nothing preventing them to connect to this property and putting a road through to allow more lots, if possible.

Mr. Warstler showed the lot next to the proposed 5 acres and explained no lots could be split unless it was a two acre split due to deed restrictions.

Mr. Deremer asked if there is open field next to the 5 acre parcel.

Mr. Warstler stated yes, but there is a creek that runs though it.

Mr. Deremer asked if someone could potentially develop it as a subdivision.

Mr. Warstler stated it is doubtful.

Mr. Deremer stated if the zoning resolution is met any parcel could be possibly be developed.

Mr. Dodson stated as much as he doesn’t like flag lot this is an unusual situation and with the split is seems it would make it less likely to be part of a subdivision so he doesn’t have a problem with the variance request.

Mr. Giulitto concurred with Mr. Dodson.

Mr. Juergensen made a motion to approve appeal #2068.

Mr. Dodson seconded the motion.

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

Appeal 2069 – Jackson Diamond Club, P.O. Box 35282, Canton, OH 44735 Requests a variance for an off premises advertising sign where an off premises sign is not permitted.  Also requests a variance for a 70 sq. ft. sign. where 50 sq. ft. is the minimum size permitted per Art. V, Sect 502.2.  Premises affected:  7600 Fulton Drive NW, Massillon, OH, 44646, Qtr. Sect. 21 NE Jackson Twp., zoned R-R.

Mr. McDonnell recused from appeal #2069; therefore, Mr. Oldroyd participated in the hearing.

Mr. Deremer read the file application and contents.

Mr. Deremer swore in Scott Mantyla, 6585 Scarborough NW.

Mr. Mantyla stated that Omni is the sponsor and they will make a donation to put the sign on the back of the scoreboard and help fund the field improvements for the next three years.

Mr. Deremer asked what the current size of the score board is.

Mr. Mantyla stated it is 25’x10’.  The sign would be made of plastic and be professionally done.  The Omni signage is what he variance request is for.  The other portion referring to Jackson Baseball is permitted.

Mr. Oldroyd asked if the sign would be up for three years until another sponsor is found.
Mr. Mantyla stated yes.

Mr. Juergensen asked how the size of the sign was determined.

Mr. Mantyla stated it would cover the back of the scoreboard.  There would be no lighting from the back side of the scoreboard.

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

Mr. Juergensen stated he had no problem with the appeal and it is to benefit the baseball team.

Mr. Oldroyd made a motion to approve appeal #2069.

Mr. Giulitto seconded the motion.

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

Mr. McDonnell made a motion to approve the January 11, 2007 minutes.

Mr. Juergensen seconded the motion.  All voted in favor.

Mr. McDonnell made a motion to approve the February 8, 2007 minutes with the correction of removing the last seven paragraphs, which where repeated.

Mr. Juergensen seconded the motion.  All was in favor.

Mr. Juergensen made a motion to adjourn and Mr. Giulitto seconded the motion.  All was in favor.

Respectfully submitted,

Joni Poindexter
Zoning Inspector