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

Absent Member:                                                           Gerald Werner
Zoning Data Coordinator:                                           Joni Poindexter

APPEAL #1879 – Junior Achievement of East Central Ohio, Inc., 1225 South Main St. Suite E, North Canton, Ohio 44720 agent for Edgar Moore, Jr. & Edward Allman Jr., property owner, PO Box 35426, Canton, Ohio 44718 requests a variance for a 10 ft. rear parking and landscaping setback where 20 ft. is required in Art. IV Sect. 411.8 of the zoning resolution.  Property located at 4352 Executive Cir. NW, Sect. 25NE Jackson Twp.  Area zoned B-1.

Mr. Deremer read the file application signed by Jody Levitt with reasons being as stated by the applicant, “In order to conduct the business of the organization, it is necessary to have 30 parking spaces available on site.  Although these will not be used on a daily basis, there will be times throughout the course of monthly business that they are needed.  These times include Board of Director’s meetings and educational training sessions.”  The file contained a tax map of the property in question, a letter dated September 19, 2003 from Jody Levitt, President of Junior Achievement to the Jackson Township Zoning Department, a site plan dated September 22, 2003, and a floor plan of the building with a revised date of May 6, 2003.

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

Mr. Deremer swore in Jody Levitt, 1225 South Main St., Suite E, North Canton, Ohio 44720.

Ms. Levitt gave the board a folder containing information about Junior Achievement, a site plan, and an aerial photo, which Mr. Deremer marked as exhibit #1.

Ms. Levitt stated that she is the President of Junior Achievement and has been on staff with them for sixteen years.  About 1-1/2 years ago they started searching for a place to build, focusing on the Belden Village and North Canton area.  The lot in question is the only option that they have at this time due to limited resources.  Ms. Levitt stated that Mr. Allman and Mr. Moore have made a significant donation to Junior Achievement that makes it possible for them to purchase the lot and the decision of the board will make all the difference in going forward with the purchase.

Ms. Levitt stated that the Free Enterprise education building will house the offices of Junior Achievement that serves Stark, Tuscarawas, and Carroll counties.  Ms. Levitt stated that there are seven people on staff and the building will have a board and training facility as well as a meeting room that will hold thirty-five people comfortably.  Ms. Levitt stated that a regular Board of Director’s meeting is held every month and there will be training for teachers and volunteers as well as opening up the room to other non-profit educational organizations.

Ms. Levitt stated that they expect to need about 30 parking spaces to handle the board meetings and they do not want anyone parking in the street.  Ms. Levitt stated that all the other zoning requirements regarding parking and the building are being met.

Ms. Levitt stated that a 20 ft. parking and landscaping setback is required because the property behind them is zoned residential.  The photo that is in the folder shows a huge section of utility lines that is on the adjacent property to the rear and is currently owned by Dr. Thottam.  It is their belief that the setback should be acceptable to their neighbor because there is no housing behind them and it is a buffer area.  Ms. Levitt stated that she does not think the variance is substantial and it won’t harm the adjoining property owners or affect the view of the property from the street.  The variance will not affect the delivery of any services, utilities, or any entrance or exit from the property, and it will not be a determinant to the area.

Mr. Giulitto stated that Ms. Levitt said that they would need 30 parking spaces for their meetings and asked how many parking spaces they would need on a daily basis.

Ms. Levitt stated that they would need seven to ten spaces daily.

Mr. Giulitto stated that he read somewhere that they may allow other non-profit organizations to hold their meetings on the property and asked Ms. Levitt to explain this.

Ms. Levitt stated that they would like to have their meeting room available to other non-profit organizations that may need somewhere to hold their meetings.

Mr. McDonnell asked Ms. Levitt if she could speak regarding the property behind the one in question and if there is an easement for the high tension power lines.

Ms. Levitt stated no.  The only thing she can speak to is that it is owned by Dr. Thottam.

Mr. Deremer swore in Edward Allman, 1352 College St., North Canton, Ohio.

Mr. Allman stated that he is the owner of the American Express building that is next door to the property in question and also owns the property across the street as well as the one in question.  Mr. Allman stated that they have structured a business agreement with Junior Achievement and gave them a sizable donation so they can purchase the property.

Mr. Allman stated that the power easement in the rear of the property is 50 ft. on each side.  He looked at purchasing this property several years ago, but opted not to because there was no physical way to build anything on the property.

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. Giulitto stated that he has no problem with the variance.  They need the extra parking spaces for different meetings and the buffer in the rear is not a problem because although it’s residential, it’s not like there will be people behind them looking at the property.

Mr. McDonnell stated that the board needed to see a practical difficulty resulting from the property itself.  If the property were in another location he may have a problem finding a practical difficulty, however he sees that the reason that they need the 20 ft. rear parking setback is because it is next to a residential property.  If it were next to a commercial property then they would be permitted to have a 10 ft. setback.  The difficulty is the power lines and the easement that is there.  They are being held to a standard because they abut a residential property that is really not residential because it is unbuildable.  Mr. McDonnell stated that he sees this as a practical difficulty and the spirit and intent of the zoning resolution will be met if the variance is allowed so he does not have a problem with the request.

Mr. Deremer agreed with Mr. McDonnell and stated that he also believes the practical difficulty is due to the power lines on the adjacent property and the fact that it cannot be built on.

Mr. Giulitto made a motion to approve appeal #1879 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.

Mr. Juergensen recused himself from appeal #1878 due to the Haymaker’s being a client of his law firm.

APPEAL #1878 – Larry & Paula Haymaker, property owner, 5695 East Blvd. NW, Canton, Ohio 44718 requests a conditional use permit for a landscaping business, garden supply sales, and landscaping vehicle & equipment storage where a conditional use permit is required and a variance for a 10 ft. northwest side yard building setback where 16 ft. is required in Art. IV Sect. 411.3 & 431.5 of the zoning resolution.  Property located at 6854 Wales Rd. NW, Sect. 10SW Jackson Twp.  Area zoned B-3.

Mr. Deremer read the file application signed by Larry Haymaker with reasons being as stated by the applicant, “For the sale of woodchips, mulch, flowers, and firewood.”  The file contained a tax map of the property in question, the answers in writing to the criteria for the conditional use permit, a letter from John Phillippi, Zoning Administrator, dated October 9, 2003 to Ted Deremer regarding the request for the conditional use, a letter from the Ohio Department of Transportation (ODOT) dated July 9, 2003 regarding the ODOT permit application with an attached Access Management Review Checklist dated June 4, 2003, a Deed Easement for tract I and II dated January 13, 1983, and a site plan for the property in question dated April 2003.

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

Mr. Deremer swore in Larry Haymaker, 5695 East Blvd. NW, Canton, Ohio 44718.

Mr. Haymaker stated that he currently has a farm market on the property in which he sells produce.  He is applying for a permit to have landscaping items and equipment on the property.  Mr. Haymaker stated that he didn’t know that he couldn’t sell landscaping items from the property until it was brought to his attention by Mr. Phillippi.

Mr. Haymaker stated that he owns the property in question as well as the property adjoining it.  He originally only had one-half acre for the landscaping business where one acre is required, so he had the two properties surveyed and restructured to meet the one acre requirement.  Mr. Haymaker stated that the building in which the variance is requested is existing so nothing would change.

Mr. Deremer asked if ODOT would have a problem with the access drive.

Mr. Haymaker stated that he received a letter from ODOT stating that there should not be a problem with the drive.

Mr. Deremer read the letter into the file that was dated October 8, 2003, which stated ODOT would not deny access into the property from SR241.

Mr. McDonnell reviewed the conditions for the conditional use permit.

Section 431.2
Mr. McDonnell asked if it is Mr. Haymaker’s testimony that it will not be detrimental to the property values in the immediate vicinity.

Mr. Haymaker stated yes.

Mr. McDonnell asked if it will not restrict or adversely affect the existing use of the adjacent property owners.

Mr. Haymaker stated that it will not.

Mr. McDonnell asked if it will be designed and constructed so that all access drives, access points to public streets, driveways, parking and service areas shall meet the approval of the Township Trustees, or county or state agencies where applicable.

Mr. Haymaker stated yes.

Mr. McDonnell asked if it will meet the requirements of EPA for stormwater runoff, when applicable.

Mr. Haymaker state yes.

Mr. McDonnell asked if it will be properly landscaped according to Section 411.9 where applicable pursuant to Chapter 411 or when specified as a condition for approval.  Mr. McDonnell stated that there is a letter in the file that was read into the record regarding item “E” and landscaping, from Mr. Phillippi that stated that it does meet all the setback and landscaping requirements.  Mr. McDonnell asked if it is Mr. Haymaker’s testimony that he will adhere to the plan that has been submitted.

Mr. Haymaker stated yes.

Mr. McDonnell asked if the property would be maintained in a neat, orderly, and safe condition.

Mr. Haymaker stated yes.

Section 431.3C
Mr. McDonnell asked what the hours of operation would be.

Mr. Haymaker stated that he mows lawns and wants to be able to keep the mowers and the trucks on the property.

Mr. McDonnell asked if anything would be sold from the property.

Mr. Haymaker stated that he would sell mulch that would be brought in.  It would not be grinded on the property.

Mr. McDonnell asked what the hours would be if someone wanted buy mulch.

Mr. Haymaker stated that the hours are usually 8:00 a.m. to 5:00 p.m. but during the pumpkin season they are open 10:00 a.m. to 8:00 p.m.  During the summer months the hours would be 10:00 a.m. to 5:00 p.m. on the weekends and 10:00 a.m. to 6:00 p.m. during the week.

Mr. McDonnell asked if the nearest arterial street is 100 ft. from the property and what that street is.

Mr. Haymaker stated yes.  He is not sure of the street name but believes it is Nancy Jo.

Mr. McDonnell stated that it is obvious from the tax map that the street to the south is more than 100 ft. from the property.

Mr. McDonnell asked if there would be lighting at the facility.

Mr. Haymaker stated that Ohio Edison has a light on a pole and when he has a light that points down on the property, which is a Halogen light.
Mr. McDonnell asked if there would be any floodlights, searchlights, or loudspeakers.

Mr. Haymaker stated no.

Mr. McDonnell asked if there would be a trash receptacle at the facility.

Mr. Haymaker stated yes.  He has a trash receptacle that is rented from J & J Refuse.

Mr. McDonnell asked if the trash receptacle is screened.

Mr. Haymaker stated no.  It is located behind the building where the corn stand is located.

Mr. Haymaker marked where the trash receptacle is located on the map.

Mr. McDonnell asked Mr. Haymaker if he is correct in saying that the facility basically exists at this point, there will be no physical changes to the property, and the only change is the use of the property.

Mr. Haymaker stated yes.

Section 431.6P
Mr. McDonnell asked if any dismantled or inoperable vehicles or equipment would be maintained or stored on the property.

Mr. Haymaker stated no.

Mr. McDonnell asked where the vehicles and mulch would be stored.

Mr. Haymaker stated that the map shows where the mulch would be located and the equipment and most vehicles would be stored in the existing building, except for the bucket truck.

Mr. McDonnell stated that materials such as mulch or topsoil may be stored on the site and asked if it is Mr. Haymaker’s testimony that the materials will be maintained according to Stark County Health Department regulations.

Mr. Haymaker stated yes.

Mr. McDonnell asked if it is Mr. Haymaker’s testimony that the materials will not be processed on the site.

Mr. Haymaker stated yes.

Mr. McDonnell asked if it is Mr. Haymaker’s testimony that the materials will not emit any odor that is discernible to the adjoining properties.

Mr. Haymaker stated yes.

Mr. McDonnell stated that any outdoor retail sales shall not be conducted in the required parking or landscaping areas.

Mr. Haymaker stated that they will not.

This concluded the criteria for the conditional use permit.

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 input.
Mr. McDonnell stated that he believes the requirements for the conditional use permit have been met and he is in favor of the request.

Mr. Deremer agreed with Mr. McDonnell regarding the conditions being met.  Mr. Deremer stated that he understands that the driveway permit has not been issued by ODOT yet, but this could be part of the requirement before the conditional use permit is issued.

Mr. Dodson made a motion to approve appeal #1878 as requested.

Mr. McDonnell stated that he would like to have a condition that ODOT approve the driveway before the conditional use permit is issued.

Mr. Dodson stated that the township has no jurisdiction over ODOT, but they still have to approve the drive.

Mr. Deremer stated they have to approve the drive, but if that approval is not received then it is hard for Mr. Phillippi to issue the permit.

Mr. Dodson amended his motion to approve appeal #1878 with the condition that the driveway access is approved by ODOT.

Mr. McDonnell seconded the motion.

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

Mr. Dodson 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