Members present:
Ted Deremer
Richard Dodson
Jim Giulitto
Absent Member:
Edward McDonnell
Gerald Werner
Zoning Data Coordinator: Joni Poindexter
APPEAL #1782 - Kenneth & Jacqueline Wannemacher, property owner, of 5241 Huckleberry St. NW, North Canton, Ohio 44720 requests a variance for a 17 ft. east side yard setback where a 25 ft. side yard setback is required in Art. IV Sect. 401.6 of the zoning resolution. Property located at 5241 Huckleberry St. NW, Sect. 11NE Jackson Twp. Area zoned R-R.
Mr. Deremer read the file application signed by Jacqueline Wannemacher with reasons being to enclose an existing covered patio.
The file contained a tax map of the property in question and surrounding properties and a site plan showing the proposed addition.
Mr. Deremer asked who would like to speak in favor of this appeal.
Mr. Deremer swore in Jacqueline Wannamacher of 5241 Huckleberry St. NW, Canton, Ohio 44720.
Ms. Wannamacher stated that they would like to enclose a covered patio that has been on the property for 15 years.
Mr. Deremer asked if the only reason there is a 25-ft. setback is because the home is on a corner lot.
Ms. Wannamacher stated yes. The patio is flush with the house and when it was built in 1969 the regulations must have been different. Ms. Wannamacher stated that they would not be going any closer to the property line then what is already there. Ms. Wannamacher stated the room would become part of the house and would be used year round.
Mr. Dodson asked if the patio was on the property when the house was purchased.
Ms. Wannamacher stated yes.
Mr. Deremer swore in Judy Haas of 5253 Huckleberry St. NW, North Canton, Ohio 44720.
Ms. Haas stated that her home is to the west of the Wannamacher’s and she has lived there for 36 years. Ms. Haas stated that she is in favor of the request.
Mr. Deremer asked if the patio was there when the house was built.
Ms. Haas stated that she believes it was.
Mr. Deremer swore in Lee Thomas of 1431 Hanover Court SE, North Canton, Ohio 44709.
Mr. Thomas stated that he is the contractor and has prepared the site plan in the file. Mr. Thomas stated that they are not extending the existing building any closer to the street and the dwelling is at the same setback that it always has been at. Mr. Thomas stated that the proposed enclosure is actually about 2 ft. further in from the property line then the house is. The existing home is about 15 ft. from the property line and the enclosed patio is 17 ft. from the property line.
Mr. Thomas stated that the enclosed patio would be 14 ft. 6 in. by 15 ft. 6 in.
No one else in the audience spoke in favor of the 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 does not have a problem with this appeal. There is no further encroachment into the side yard then what is already there and there is no opposition to the appeal.
Mr. Giulitto stated that he agrees with Mr. Dodson. It looks like it will be a nice room for the family and he has no problem with the appeal.
Mr. Deremer stated that he agrees with the other board members comments. Mr. Deremer stated that he believes the setback was 15 ft. as recent as 1983 and he has no problem with this appeal.
Mr. Dodson made a motion to approve appeal #1782 as requested.
Mr. Giulitto seconded the motion.
The vote was: Mr. Giulitto-yes, Mr. Dodson-yes, and Mr. Deremer-yes.
APPEAL #1783 - Sign Crafters, Inc. of 1508 Stringtown Rd., Evansville, IN 47711 agent for Wal-Mart Stores, Inc. property owner, of 2011 S.E. 10th St., Bentonville, AR 72716 requests a variance for an additional 88 sq. ft. wall signage on the front (north) elevation for a total of 488 sq. ft. where 400 sq. ft. is permitted and a 37.5 sq. ft. wall sign on the east side of the building where a wall sign is not permitted in Art. V Sect. 502.4 of the zoning resolution. Property located at 4790 Portage St. NW, Sect. 12SW Jackson Twp. Area zoned I-1.
Mr. Deremer read the file application signed by Judy Harmon with reasons being that Sam’s has two diamond logos on their storefront, one over the main entrance and the other is installed at the end of their building to identify their business since their building is so long and sets back off of Portage.
The file contained a tax map of the property in question, and several exhibits that are as follows:
Mr. Deremer asked who would like to speak in favor of this appeal.
Mr. Deremer swore in Robin Thompson of 239 Stewart Ave. NW, Massillon, Ohio 44646.
Ms. Thompson stated that she is an employee of Sam’s Club and does not work for the Sign Company. Ms. Thompson stated that she understands why the Tire and Battery installation sign needs to be in place, especially on the new building because it is very large.
Ms. Thompson stated that she would be lying if she said that she could give the board a legitimate argument on the additional square footage for the logo’s because she does not know one and is not that informed. Ms. Thompson stated that at least one of the other clubs have had their differences with other governments regarding the signs.
Ms. Thompson stated that she is only in attendance on behalf of Sam’s because they are hoping that the request is granted.
Mr. Deremer stated that he would like to thank Ms. Thompson for being honest with the board. Mr. Deremer stated that the township has somewhat of a reputation as being stiffer on signs then other places.
Ms. Thompson stated that she lives in Perry Township and they are trying to get something done about the signs so she understands this.
Mr. Deremer stated that part of the proof that has to be shown to the board is why the signs have to be more then the 400 sq. ft. that is permitted.
Mr. Thompson stated that the sign companies biggest concern is the inability to see the sign immediately because they are so far back off of the road. The logo is colorful and is bigger then what they previously had. The gas station will be in front of the building so seeing the sign is a big concern.
Mr. Deremer asked if they would have a pole sign.
Ms. Thompson stated not that she is aware of and does not believe this is in the plans but she does not know this for a fact. Ms. Thompson stated that the other new clubs do not have pole signs, they only have wall signs.
Mr. Deremer asked if this is the standard size that the company has or are they making it bigger because of the building setback.
Ms. Thompson stated that this is standard. Not that it couldn’t be downsized because they will do whatever they have to do to get the ball rolling.
Mr. Deremer stated that they had the same issue with the neighbor across the street from Sam’s, which is the big orange place on the hill. Mr. Deremer stated that they sit back off of the road and asked for a bigger size and was turned down.
Mr. Deremer stated that Sam’s club was in front of the board when they did the site layout and asked for a variance, which was approved, to allow the building to be closer to the rear lot line then what was permitted because they wanted more parking then what was required in the front. Now the board is hearing that they want the sign to be bigger because they sit so far back off of the road so the arguments are kind of fighting themselves.
Ms. Thompson stated that she is not the best person to argue the case but they will do what ever they are permitted to do.
Mr. Deremer stated that there are actually two variance requests before the board. One is the total sq. ft. for the front of the building that is limited to 400 sq. ft. and the second variance is the additional Tire and Battery wall sign on the east side of the building that is not permitted.
Mr. Deremer asked if the Tire and Battery portion is a separate operation from the Sam’s club.
Ms. Thompson stated that this is a paid service provided for the members that is part of the building. Ms. Thompson stated that if she were coming in to just have her tires rotated she would need a sign to know where it is located but if inside the building and purchasing tires they are right there.
Mr. Dodson asked what is reality.
Ms. Thompson stated that reality is that they will do what ever is necessary.
Mr. Deremer stated that he is somewhat not swayed by the argument of the setback for the extra 88 square footage but the Tire and Battery sign has no Sam’s logo on it and is more of a directional sign.
Ms. Thompson stated that she agrees the Tire and Battery sign is a directional sign.
Ms. Thompson apologized for being unprepared and stated that Sam’s was under the assumption that someone from the Sign Company would be present.
Mr. Deremer stated that usually there is, but this is an argument that can be thrown at the board. The board needs to know that if traveling at 45 mph one could see the sign and without this type of testimony from an expert it is kind of hard to determine this.
Mr. Deremer stated that the sign for the east side is more of a directional sign and does not have any Sam’s logo on it so he is somewhat leaning that this sign would be OK. Mr. Deremer stated that he is not in favor of going over the 400-sq. ft. for the front.
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 the sign for Tire and Battery installation is only 18 inches high and is on the other side of the building. It is pretty clear that it is a directional sign and he does not have a problem with this.
Mr. Deremer stated that for the front the square footage is based on the area of the building and he does not see a reason to grant what they basically turned down for others in the past.
Mr. Giulitto stated that he agrees with Mr. Dodson. A variance was asked for in the past to allow the building to be further back from the road so the signs should conform to code for the 400 sq. ft. that is permitted.
Mr. Giulitto stated that he does not have a problem with the Tire and Battery sign because it is a directional sign.
Mr. Dodson made a motion that the request for the two variances be considered separately.
Mr. Giulitto seconded the motion.
The vote was: Mr. Giulitto-yes, Mr. Dodson-yes, and Mr. Deremer-yes.
Mr. Dodson made a motion to deny the variance request for the additional 88 sq. ft. wall signage on the north elevation for a total of 488-sq. ft. for appeal #1783.
Mr. Giulitto seconded the motion.
The vote was: Mr. Giulitto-yes, Mr. Dodson-yes, and Mr. Deremer-yes.
Mr. Dodson made a motion to approve the 37.5 sq. ft. wall sign on the east side of the building for appeal #1783.
Mr. Giulitto seconded the motion.
The vote was: Mr. Giulitto-yes, Mr. Dodson-yes, and Mr. Deremer-yes.
Mr. Giulitto made a motion to adjourn the meeting.
Mr. Dodson seconded the motion.
The vote was: Mr. Giulitto-yes, Mr. Dodson-yes, and Mr. Deremer-yes.
Respectfully submitted,
Joni Poindexter,
Zoning Data Coordinator
Clerk/Secretary