Members present:
Ted Deremer
Edward McDonnell
Jim Giulitto
John Juergensen
Absent:
Richard Dodson
Eric Oldroyd
Zoning Coordinator:
Lori Foutz
APPEAL #2049 – Collins Construction, 346 – 11th St, NE, Massillon, OH 44646, applicant, Stuart & Carol McArdle, 5307 Lemerick, North Canton, OH 44720, property owner, request a variance for a 26 ft. front yard setback for principal use where a 40 ft. front yard setback is required per Art. IV, Section 401.6 of the zoning resolution. Property location is Spruce Dr, Lot 108, Section 3NW Jackson Twp. Area zoned R-R.
Mr. Deremer read the application signed by Todd Collins and the reason for the appeal as listed in the file. The file contained a site plan of the proposed addition, a survey of lots 106, 107, 108 prepared by Hammontree & Associates, dated 8/14/06, and an approval letter from Gus Eliopoulos, President of Willowdale Lake. Also in the file was an aerial view map of the parcel and adjoining parcels.
Mr. Deremer swore in Stuart McArdle, 5307 Lemerick Ave NW, North Canton, to speak on behalf of the appeal. Mr. McArdle stated initially they were looking for 2 lots. As they progressed, they found the septic in the field would cause them to purchase another lot. The septic field is almost the entire width of the home and runs atleast half way in the third lot. As the house sits now, it is very close to the lake. They are about 10 ft. from the embankment. They also need room for the well. Most of the homes in the area sit back about 10 feet from the road. The furthest house sits back about 25 feet.
Mr. Deremer asked if Willowdale Lake Association approved variance.
Mr. McArdle stated yes they did. They also presented their house plans to them.
Mr. Deremer asked if there is an existing house on the property.
Mr. McArdle answered no, it is a field. He stated it has been excavated to bring the land closer to the road.
Mr. McDonnell asked what the square footage of the house would be.
Mr. McArdle stated it will be 3700 square feet. It will be a 2 story home with a walk out basement.
Mr. McDonnell asked Mr. McArdle to draw on the aerial map approximately where the 3 lots are. This was marked as Exhibit #1.
Mr. Giulitto asked if he knew how far the home across the street from this property sits to the road.
Mr. McArdle stated it is 7 feet.
Mr. Giulitto asked what the slope was from the road to the lake.
Mr. McArdle stated initially it was 30 flat. It has been excavated but slopes down to the lake.
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. Juergensen stated the board is required to find a practical difficulty associated with the land. He stated given the irregular shape and slope of the lot, the existing septic tank, and the need for a well, he feels they have established a practical difficulty.
Mr. Giulitto stated he concurs with Mr. Juergensen.
Mr. Deremer stated at Willowdale Lake the property owners do not own the property. It was platted prior to the original zoning code. The applicant purchased 3 lots. Based on the narrowness of the lot and the septic tank he would approve the appeal.
Mr. Juergensen made a motion to approve appeal 2049 as submitted.
Mr. Giulitto seconded the motion.
The vote was: Mr. Juergensen-yes, Mr. Giulitto-yes,
Mr. McDonnell-yes, and Mr. Deremer-yes.
APPEAL #2050 – Mavrakis Construction,
1743 Whipple Ave NW, Canton OH 44708,applicant, Ronald Robinson, 1927 Whipple
Ave NW, Canton OH 44708, property owner, request a variance for a 9 ft.
left side yard setback where 16 ft. is required and 57 ft. rear yard setback
where 75 ft. is required for principal use per Art. IV, Section 411.5 of
the zoning resolution. Property located at 1927 Whipple Ave, Section
36SE Jackson Twp. Area zoned B-3.
Mr. Deremer read a letter faxed to the zoning office on 11/09/06 stating they are requesting to withdrawal their application.
Mr. McDonnell made a motion to withdrawal appeal 2050.
Mr. Giulitto seconded the motion.
The vote was: Mr. Juergensen-yes, Mr. Giulitto-yes, Mr. McDonnell-yes, and Mr. Deremer-yes.
APPEAL #2051 – Louis Darrow, 5700 East Blvd NW, Canton, OH 44718, property owner, request a variance for a 35 ft. front yard setback where 40 ft. is required and an 8 ft. left side yard setback where 10 ft. is required for principal use per Art. IV, Section 401.6 of the zoning resolution. Property located at 5700 East Blvd, Section 14SE Jackson Twp. Area zoned R-1.
Mr. Deremer read the application signed by Louis Darrow and the reason for the appeal as listed in the file. The file contained a hand sketched site plan of the proposed addition. Also in the file was an aerial view map of the parcel and adjoining parcels.
Mr. William Crnik, 5658 East Blvd NW, Canton, was sworn in to speak on behalf of the application. Mr. Crnik stated he is the general contractor for Mr. Darrow. They want to build a 2 car garage; they have no existing garage at this time. They are asking for a minimal size garage of 24 x 20. The existing home has a 8 ft. setback. This is the only place they can put a front entrance garage. They need to come out 24 ft. to the front in order to do this.
Mr. Deremer asked if this is the only addition to the house.
Mr. Crnik stated they would like to add a garage and a front porch. The front porch will meet the setbacks. He stated the Darrows’ have done a number of improvements to the home.
Mr. Deremer clarified the existing house is 8 ft. on the side.
Mr. Crnik stated yes the left side is at 8 ft. They want to go straight out from the existing house.
Mr. McDonnell clarified there is not an existing garage now.
Mr. Crnik stated no there is not. The home was remodeled and the single car garage was turned into a kitchen.
Mr. Juergensen asked how far the home will stick out from the adjacent properties.
Mr. Crnik stated it will stick out a little from the rest of the homes. The area has been improving and neighbors are improving to the front of their homes. It is in line with what the neighbors are doing.
Mr. Deremer asked if they could build the garage in the back of the lot.
Mr. Crnik stated there is no access with the 8 ft. side.
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. Giulitto stated he is not opposed to the front or side variance. They are not trying to change the existing 8 ft. side yard setback and the 35 ft. front is a minor deviation.
Mr. Juergensen made a motion to approve appeal 2051 as submitted.
Mr. Giulitto seconded the motion.
The vote was: Mr. Juergensen-yes, Mr. Giulitto-yes, Mr. McDonnell-no, and Mr. Deremer-yes.
Mr. Deremer asked if there were any comments or a motion on the minutes from the meeting of September 14, 2006. All members were present except for Mr. Giulitto.
Mr. Juergensen made a motion to approve the minutes from September 14, 2006, meeting as written.
Mr. McDonnell seconded the motion.
The vote was: Mr. Juergensen-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 September 21, 2006. All members were present except for Mr. Giulitto.
Mr. McDonnell stated there is a correction to page 4, 10th paragraph. He would like the sentence to read “His only concern is Mr. Ashman is testifying, unfortunately he may not be the one designing the site or making the ultimate decisions.”
Mr. Juergensen made a motion to approve the minutes from the September 21, 2006, meeting with the correction to page 4.
Mr. McDonnell seconded the motion.
The vote was: Mr. Juergensen-yes, Mr. McDonnell-yes, and Mr. Deremer-yes.
Mr. McDonnell made a motion for adjournment.
Mr. Juergensen seconded the motion. All were in favor.
Respectfully submitted,
Lori Foutz
Zoning Coordinator