To find a specific item within this document, point and click on Edit  in the Toolbar.  Dependent on the browser you are using, select Find (on this page)  or Find in Frame.  Type a keyword or words in the Find what: box then click on Find Next.
JACKSON TOWNSHIP BOARD OF ZONING APPEALS
Thursday October 24, 2002
MINUTES

Members present:                             Ted Deremer-only present for appeal #1795
                                                            Edward McDonnell
                                                            Gerald Werner
                                                            Richard Dodson
                                                            Jim Giulitto

Zoning Administrator:                      John Phillippi
Zoning Data Coordinator:               Joni Poindexter

Mr. McDonnell acted as chairman for appeal #1807, #1808, and #1809 due to the absence of Mr. Deremer.

APPEAL #1807 – Jennifer Stevens, agent for Unmistakably Premier Homes Inc., property owner, 1392 High St. #205, Wadsworth, OH 44281 requests a variance for a subdivision sign where a subdivision sign is not permitted in Art. V Sect. 502.2 of the zoning resolution.  Property location is on the west side of Emerald Cove. Dr., 115 ft. south of Emerald Ridge Ave., Sect. 7SW Jackson Twp.  Area zoned R-R.

Mr. McDonnell read the file application signed by Jennifer Stevens with reasons being to welcome guests and prospective homebuyers into the extension of the community of Emerald Estates Subdivision.

The file contained a tax map of the property in question and a sheet with two computerized photos of the sign dated 9/3/02.

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

No one came forward.

Mr. McDonnell stated that it appears that no one is in attendance to speak on behalf of appeal #1807.

Mr. Dodson suggest that he the board hold the appeal until 7:45 p.m. because the next appeal cannot be heard until that time.  If at that time there is still no one present for the hearing the board can dismiss the appeal without prejudice.

Mr. McDonnell stated that the next hearing does not start until 7:45 p.m. so the board would go off record until then and hopefully the applicant for appeal #1807 will show up.

The board went off record for ten minutes.

The board went back on record.

Mr. McDonnell asked again if there was anyone in the audience who wanted to speak on behalf of appeal #1807.

Ms. Jennifer Stevens apologized for being late and stated that she had gotten lost on her way to the hearing.

Mr. McDonnell stated that he had already read the file into the record.

Mr. McDonnell swore in Jennifer Stevens, 1392 High St. #205, Wadsworth, OH 44281.

Ms. Stevens stated that she is a representative of Unmistakably Premier Homes, which is currently building in Emerald Estates.

Ms. Stevens stated that the sign was posted with permission from the developer, Darrell Seibert.  Ms. Stevens stated that they did not know there was a zoning regulation against the sign.

Ms. Stevens stated that the sign is posted in a common area within the development.  Their intentions are to have the sign as a temporary one to direct perspective homeowners to the community to let them know what is available as far as homes and lots.

Ms. Stevens stated that there are approximately twelve lots in the area in which the sign is representing that are either on contract now to be sold and built upon or have already been built upon.  Once this is fulfilled the sign will be taken down, if it is approved.

Mr. McDonnell asked Mr. Phillippi if the zoning department took the two photos that are in the file.

Mr. Phillippi stated yes, he took the photos.

Mr. McDonnell asked where the sign is physically located.

Ms. Stevens stated that it is in the green space between sub lot 143 and 142.

Mr. McDonnell asked Ms. Stevens if she knew the dimensions of the sign.

Ms. Stevens stated that she believes the dimension is 4 ft. by 6 ft.

Mr. McDonnell asked if the sign is illuminated.

Ms. Steven stated that she believes there is a spotlight that shines on the sign at night.

Mr. McDonnell asked Ms. Steven if she indicated that the sign would be temporary.

Ms. Stevens stated that it is their intention to have the sign there temporarily until all of the lots are sold.

Mr. McDonnell asked Ms. Steven what is a fair estimate of when that would be.

Ms. Stevens stated nine to twelve months.

Mr. McDonnell asked Ms. Stevens why they need the sign.

Ms. Stevens stated to promote the community and let people know that there is a housing development.  Ms. Steven stated that it is a nice sign that is appealing to the eye.

Ms. Stevens stated that had directional signs in the area but they kept disappearing on a weekend basis.

Mr. McDonnell stated that it appears that the entrance to the development is off of High Mill Ave. and the sign is on Emerald Cove Ave. and asked if Emerald Ridge Ave. is part of Emerald Estates.

Ms. Stevens stated yes.  There is Emerald Estates and then there is Emerald Cove, which is part of Emerald Estates but a separate phase.

Mr. McDonnell stated that he could see the sign on High Mill, but doesn’t know why they need one in the middle of the development.  If the sign is to tell people they are in Emerald Estates, they are already in it by the time they see the sign.
Ms. Stevens stated that it is also to let people know that if they drive further down there is an additional road and cul-de-sac.

Mr. Werner asked why they don’t advertise with a realtor sign on each lot individually.

Ms. Steven stated that she believes they also do that.

Mr. Werner asked Ms. Stevens if she is saying that they want the sign to further identify the development.

Ms. Steven stated yes.

Mr. Werner asked if the realtor signs are not sufficient.

Ms. Stevens stated it could be as a sales tactic, but this sign is more appealing and can’t be taken out of the ground.

Mr. Phillippi stated that the sign is currently in the road right-of-way and is only 10 ft. from the pavement.  The sign says, the Ledges of Emerald Estates, and this is not a subdivision within Jackson Township.  The subdivision is in fact Emerald Estates.  Unmistakably Premier Homes has purchased a block of lots and he thinks the purpose of the sign is to establish a separate identity for the block of homes.  Mr. Phillippi stated that he thinks this could be confusing to people because it is in fact Emerald Estates.

Mr. Phillippi stated that the reason the signs were disappearing on the weekends is because the township was taking them because they are not in compliance with zoning.

Ms. Stevens had nothing further to add and the board had no further questions.

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. McDonnell closed this appeal to public discussion.

Mr. Werner stated that the sign is in violation of the regulations and feels that the lots can be advertised in compliance and with a real estate sign.  Mr. Werner stated that he is not in favor of this appeal.

Mr. McDonnell stated that he does not see that it is a big deal on the surface, but he has a couple concerns.  Mr. McDonnell stated that the sign is located in the right-of-way, which is a problem.  Mr. McDonnell stated that if you’re a developer then it might be looked at that the sign is necessary, but as a board member he does not believe it is necessary.

Mr. McDonnell stated that he is concerned about setting a precedence.  Historically, he thinks that the board has been pretty conservative and restrictive as far as granting sign variances.  Mr. McDonnell stated that he is not if favor of setting a precedence.

Mr. Dodson made a motion to deny appeal #1807 as requested and Mr. Werner seconded the motion.

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

APPEAL #1808– Jackson Boys Soccer Boosters, PO Box 36755, Canton, OH 44735 agent for Jackson Board of Education, property owner, 7600 Fulton Rd. NW, Mass., OH 44646 requests a variance to allow an additional freestanding sign advertising boys and girls soccer schedule where one freestanding sign is permitted in Art. V Sect. 502.3 of the zoning resolution.  Property located at 7600 Fulton Rd. NW, Sect. 21NE Jackson Twp.  Area zoned B-3.

Mr. McDonnell read the file application signed by Bud Diana.  The file contained a tax map of the property in question, a site plan showing the proposed location of the sign drawn by the applicant, an aerial photograph of the property in question, a colored computer generated photo of the sign, and a black & white drawing of the proposed 8 x 9’ sq. ft. sign.  The file also contained a letter to the Jackson Township Trustees dated July 12, 2002 from Bud Diana and a letter to Bud Diana dated July 19, 2002 from Marilyn Lyon, Township Administrator.

Mr. McDonnell stated that there is a letter in the file addressed to the Jackson Township Board of Zoning Appeals from Bud Diana dated 10/22/02 asking for a continuance due to the soccer team playing in the district championship.  Everyone will be at the game so no one will be able to attend the meeting.

Mr. McDonnell made a motion to continue appeal #1808 until November 21, 2002 at 8:00 p.m. and Mr. Werner seconded the motion.

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

APPEAL #1809 – Richard Friedl, 5440 Fulton Rd. NW, Suite 211, Canton, OH 44718 and Enclave, LLC Attn: Eugene Seifert, 6929 Portage St. NW, North Canton, OH 44720 agent for property owners, WoodMoor Homes, Inc. 8025 Bricker Rd. NW, Mass., OH 44646 and David Showers, Trust, 8360 High Mill Ave. NW, Canal Fulton, OH 44614 requests a conditional use permit for a Planned Residential Development where a conditional use permit is required in Art. IV Sect. 401.3 of the zoning resolution.  Property location is 83.28 acres 155 ft., more or less, north of Strausser ST. and 180 ft., more or less, west of Bricker NW, Sect. 6SW & SE Jackson Twp.  Area zoned R-R.

Mr. McDonnell read the file application signed by Richard Friedl with reasons being for a PRD.  The file contained an application for development plan review, a legal description of the 83.28 acre parcel, a tax map of the property in question, a topographic map of the property in question, a full size site plan dated September 2002, a notice of subdivision action for conditional approval from the 10/8/02 RPC meeting, and the answers in writing to the criteria for the PRD.

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

Mr. McDonnell swore in Dave Showers, 9839 Strausser St. NW, Canal Fulton, Ohio.

Mr. Showers stated that part of the project is on his farm and he believes this is the most efficient use of the land to protect the natural beauty that is there already.  Mr. Showers stated that there are two lakes on the property and they would like to maintain the openness and trees that are around the lake.

Mr. Showers stated that if they built a regular subdivision under the R-R they could get 140 lots.  With the PRD they are only requesting 136 lots with an average lot size of 17,700 sq. ft.  Mr. Showers stated that the green area is just over 20%, which is double of the required 10%.

Mr. Showers stated that there would be a mandatory homeowners association to maintain the green space and the homes would be similar to the existing neighborhoods with the square footage being 19,000 to 2,400.  Mr. Showers stated that the price range of the homes would be between $225,000 to $300,000.

Mr. Dodson asked if the two existing lakes are natural or if they were man made.

Mr. Showers stated that the lakes are man made and have been on the property for about 30 years.  The lakes are fed by a creek and from run off.

Mr. Dodson asked what use the residents would have from the lakes.

Mr. Showers stated fishing and the beauty of the lakes.

Mr. Dodson asked what percent of the lots are contiguous to the green space.

Mr. Showers stated that he does not know the answer to this, but would guess about 20 to 25%.

Mr. Dodson asked how they could guarantee that the homeowners association would maintain the open space.

Mr. Showers stated that it would be put in the deed restrictions and the homeowners would have to pay a certain fee to maintain the open space.

Mr. McDonnell asked Mr. Showers how much green space there is.

Mr. Showers stated that the total green space acreage is 17.2 acres with 11.87 being green space and 5.42 acres being the lakes.

Mr. McDonnell asked Mr. Phillippi if he had reviewed the plan and if it meets all the physical requirements of the zoning resolution.

Mr. Phillippi stated yes.  The project meets all of the requirements and exceeds the minimum open space requirement relative to the density.  Mr. Phillippi stated that one of the requirements is a 44-ft. radius for the cul-de-sacs and they will provide this.  The streets are all public streets and they meet the County standards concerning the right-of-way and will be constructed to the County construction standards.  Mr. Phillippi stated that the plan has been reviewed and given conditional approval by Regional Planning.

Mr. Showers had no further comments and the board had no further questions.

Mr. McDonnell swore in Richard Friedl, 5440 Fulton Rd. NW, Suite 211, Canton, OH 44718.

Mr. Friedl stated that there is a large wooded area on the property.  Except for the excavation requirements for the roads, houses, and utilities, it is the developers intention to maintain as much of the woods as possible.

Mr. McDonnell asked Mr. Friedl if he would review the conditions for the PRD.

Mr. Friedl stated yes.

Mr. McDonnell reviewed the criteria and Mr. Friedl answered as follows:

Section 431.2
A) Will not be detrimental to the property values in the vicinity.
B) Will not adversely affect the adjacent properties.
C) Will comply
D) Yes and the pond themselves will attenuate the peak flow of the runoff.
E) Does not apply
F) Yes

Section 431.3(C)
1) Does not apply.
2) Will meet Township, County, or State agencies.
3) No plans for lighting other then street lights.
4) No.
5) There will be individual trash pickup.
6) Yes, a registered engineer will prepare the grading and surface drainage.

Section 431.6(U)
1) Yes.
2) Will not be hazardous or disturbing.
3) Will not be detrimental to properties in the immediately vicinity.
4) Yes.
5) Yes.
6) Yes, will be in compliance
7) Yes, will be in compliance.
8) Yes.

Mr. McDonnell stated that the township will decide whether the plan complies with nine, ten, and eleven.

Mr. Dodson asked how they could guarantee that the open space would be maintained.

Mr. Friedl stated that the homeowner would pay a fee for the maintenance of the open space.

Mr. Showers stated that this would be in the deed restrictions and recorded with the County.  If this were not taken care of then the County Prosecutor would be able to come after the homeowners to enforce the regulations.

Mr. Dodson stated what if the prosecutor said no thanks.

Mr. Showers stated that he doesn’t know what would happen from there.

Mr. Friedl asked if the township had any enforcement under the zoning regulations.

Mr. Phillippi stated that normally the township has no involvement whatsoever in enforcing deed restrictions.  Under the PRD a homeowners association is a requirement and there is specific language that has been developed by the township and special provisions that have to go into the homeowner’s documents.  The township approves the documents and they have to be put on record before the final plan is considered approved.  Mr. Phillippi stated that if the homeowners association does not maintain the open space, the township could go in and process it as a nuisance and then assess a fee to the property owners.

Mr. Dodson asked if the township has ever done this.

Mr. Phillippi stated no.

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

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

There were several people wanting to speak so Mr. McDonnell swore them all in at the same time.

Mr. Thomas Clark of 9468 Shady Oaks NW stated that Shady Oaks appears to be the point of connection for the secondary entrance.  It appears that what is labeled Shadyview connects with Shady Oaks although it is not shown on the map.  Mr. Clark stated that Shady Oaks is a dead-end street on both ends at the end of a cul-de-sac development.  There are 57 homes in the Wonderland development and all of the residents enter and leave that development from Mt. Pleasant Rd. and Wonderland Ave.

Mr. Clark stated that it appears that the street that he lives on will be connected in two places to Shadyview, the new Shadyview and the current Shadyview.  Mr. Clark asked Mr. Phillippi if this is correct.

Mr. Phillippi stated that he thinks the developer could answer this, but currently there is Shadyview to the north that is stubbed off and there is Shadyview to the south.  The way that the subdivision is designed, those two Shadyview’s will not connect in terms of Shadyview.  Mr. Phillippi stated that this is a concern to the township and they have made a recommendation to Regional Planning that the northern Shadyview be renamed in order to eliminate the confusion for people who are not familiar with the area.

Mr. Friedl stated that the Shadyview to the north would be renamed Golden Pond Ave.

Mr. Clark asked if there would be water lines and if so where they would run from or are there going to be wells, because all of their homes are on wells.  Mr. Clark asked if the township has a per lot amount in cost for services such as fire and police for the development.

Mr. McDonnell stated that he does not believe the board has a figure on what the cost would be.

Mr. Clark stated that he would like to know how many garages are going to be built because there will probably be two cars per lot.  Mr. Clark stated that the main egress from the northern end of the development would be naturally shorter for people traveling north to Akron out onto Mr. Pleasant through the Wonderland Hills development out to either Arlington or High Mill Ave.  Mr. Clark stated that anyone living south would exit through Strausser.  But he is still viewing the development where he lives as the northern travel route for homeowners.

Mr. Clark stated that lots 61, 62, and possibly 63, seem to contain an ancient kettle bog or permanent wetland.  Mr. Clark wanted to know if the developers have addressed this.

Mr. Dodson asked Mr. Clark if he is familiar with the kettle bog and if so, does it ever dry out.

Mr. Clark stated yes, he is familiar with the kettle bog and it does not dry out to his knowledge.

Mr. Dave Flectcher of 9527 Strausser St. NW stated that he shares some of the main concerns as Mr. Clark regarding the wells.  Mr. Flectcher stated that he would like to know what guarantees there are about the development not adversely affecting the adjoining property owners.  Mr. Flectcher stated that the proposed homes seem to be similar in size to his but the lots seem to be smaller.  He would like to know how close together the homes would be arranged because he gets the impression that they will be close together.

Mr. McDonnell stated that the lot sizes for a PRD has been reduced per township regulations.  A PRD allows a higher density of homes per acre then a regular residential zoning.  This is why one of the reasons the open space requirement was put in.

Mr. Flectcher asked if there is a certain amount of space that has to be between the houses.

Mr. McDonnell stated that there are setbacks.

Mr. Phillippi stated that no homes could be any closer than 20 ft. to each other.

Mr. Jack Kern of 7970 Bricker NW asked if the proposed allotment would have sidewalks and curbs.

Mr. Showers stated that the project would not have sidewalks.

Mr. Kern asked if there would be any site development plans to impose a fee simple subdivided lot.  Mr. Kern stated that this is the information that Ms. Poulton had given him and she can explain this when she speaks.  Mr. Kern asked if the lots would be sold separate from the housing cost and if individual contractors could be used or if it would be mandatory to select from model homes provided by the developers.

Mr. McDonnell stated that the board does not have the authority to impose this requirement.

Mr. Kern asked if the fire and emergency officials had reviewed the plans for meeting the access standards required for their services.

Mr. McDonnell stated that the applicant has testified that they are required to meet all Township, County and State requirements where applicable.  The Fire Chief and the Stark County Planning Commission reviewed all of the plans.

Mr. Phillippi stated that the plan was reviewed by the Site Plan Review Committee which consists of himself, the Fire Chief, and the Highway Superintendent.

Ms. Nancy Deierling of 9302 Paulding NW stated that if this is not passed the developer has the right to build under the standards of the R-R district.  Ms. Deierling asked if the developer could enlighten them as to what would be proposed if the PRD did not passed.

Ms. Deierling stated that she has a 20-ft. easement along the side of her property so they can get to the pond and mow.  Ms. Deierling asked if the easement would still be used or if there would be another access to the green space.

Ms. Lois Poulton of 7933 Bricker NW stated that she wanted to clarify what Mr. Kern was talking about.  Ms. Poulton stated that in section 401.18(E) is states, “Individually subdivided lots may be included as part of a PRD or PUD project and need not comply with the lots area, lot width or yard requirements established in section 401.5 to 401.6, except that the minimum lot size for any fee simple subdivided lots in a PRD shall be 7,500 sq. ft.”, which is different then 17,700 sq. ft. that was mentioned in the meeting.  Ms. Poulton asked if this is being applied for.

Mr. McDonnell stated that 7,500-sq. ft. is the minimum lot size.

Mr. Phillippi stated whatever is shown on the plan and approved, is the plan that the developer has to adhere to.

Ms. Mary Ellen Addessi of 8070 Bricker NW stated that with 137 homes there will be children and asked where the schools are going to put them.  Ms. Addessi stated that there is new pump station being put in.  They were told that when the water treatment plant comes out, the pond would dry up because the water that comes into the filtration plant shoots down into the pond.  Ms. Addessi stated that this is a concern.

Ms. Heather Oaks of 8577 Wonderland NW asked if the residents would have to switch over to the water and sewer system when it is put in.

Mr. Phillippi stated there is no requirement to connect to the water, but the metropolitan sewer district has a requirement that if the sewer is available to service a home, then the residents have a certain amount of time to connect to it.

Mr. Paul Addessi of 8070 Bricker NW stated that he was told that the lake will dry up and suggests a study be done as to what will happen when the sewer plant is taken out.  Mr. Addessi stated that there are going to be small lots with gas lines and the homes are going to be crowded in.

Mr. Addessi stated that traffic is a concern because it is hard to get out onto Strausser now.  Mr. Addessi stated that he is also concerned about safety and the Fire and Police department being able to get to someone quick enough should something happen.  Mr. Addessi stated that he thinks the developer should buy one of the homes on Strausser and tear it down so they can build their own entrance to the development.

Mr. Addessi stated that he is also concerned that the homeowner’s association regulations will not be enforced.  Mr. Addessi stated that maybe the board should consider this being done in phases.

Ms. Joanne Royce of 9551 Strausser St. NW stated that she is concerned with privacy and what is going to happen on the eastside of her property.  There will be a lot of children and she does not want people trespassing on her property.  Ms. Royce stated that the developer should consider putting some type of barrier on their property to ensure that people will not trespass on her property.  Ms. Royce stated that she is also concern with the drainage for the properties.

Ms. Nancy Grimes of 9169 Paulding NW stated that she does not think the development will enhance the value of the homes in the area and is concerned about where the deer and other animals will go.

Ms. Pat Saal stated that she was not sworn in.

Mr. McDonnell swore in Ms. Pat Saal of 8547 Wonderland NW.

Ms. Saal stated that she has lived in her home for about 35 years.  There are three turns in her allotment and at least one of them is a blind turn.  When someone comes through the allotment that does not know it, it is very dangerous and this is a concern.  Ms. Saal stated that she believes the proposed allotment should have its own entrance and the traffic should not be imposed on other allotments.

No one else in the audience spoke in opposition to this appeal

Mr. Showers stated that they could develop the land under a conventional R-R zoning.  With some cutting of the trees and grading they could put in 141 or 142 lots, so they are not impacting on the area anymore then a conventional R-R zoning.  Mr. Showers stated as far as the cars going to the north, they have no control over this.  The township as well as the county requires them to tie in the existing subdivision of Wonderland Hills.

Mr. Showers stated that the water will through Ohio Water and is at the corner of Bricker and Strausser St. approximately 400 ft. from their subdivision.  It should have no impact on the water wells in the area and no one is required to tie into the water.

Mr. Showers stated that the sewer does not impact on anybody that is currently on a septic system because they are not bringing sewer to the project.  They are simply extending the sewer that is already there.

Mr. Shower stated that they are not sure if there is a wetland area or not.  It is not designated as a wetland area and it does dry up at certain times of the year.  However it still falls under the federal guidelines.

Mr. Showers stated that they are trying to avoid cutting and grading the land, which is what they would be forced to do if they did not build under the PRD.

Mr. Showers stated that they would not impose on Ms. Deierling’s easement at all.  They have provided ample access to all of the common areas from the roads.  Mr. Showers stated that they have no control over the easement going away.

Mr. Showers stated that the sewer pump station is sized properly to accept their sewerage and this has been cleared with the county.  Mr. Showers stated that they have no control if the lake would dry up because the county is changing the sewer plant to a pump station.  Mr. Showers stated that their water would actually add to the lake.

Mr. Showers stated that the deed restrictions would have lien rights for the homeowners association.  If someone does not comply with their deed restrictions, the homeowners association would have lien rights on their property.
Mr. Friedl stated that the north pond receives water from the south pond so the pond will not dry up.

Mr. McDonnell closed this appeal to public input.

Mr. Werner stated that the developer could go to a higher density if built under a conventional R-R.  Mr. Werner believes all the criteria has been met and he has no problem with this appeal.

Mr. Dodson stated that he thinks as a board they have taken the policy that if the criteria are met then they tend to approve the plan.  His only concern is the green space because he does not see the incentive for the homeowners to maintain the area.  On the other hand if developed as R-R, they are being told that the area is not going to be there anyway so he thinks that he could support the application.

Mr. McDonnell stated that there has been testimony and it appears that the developer has met the requirements set forth in the regulations.  Mr. McDonnell stated as Mr. Dodson indicated, the board typically will grant the request if the requirements have been met.  Mr. McDonnell stated that he understands that there are concerns from the neighbors, but the requirements have been met.  Mr. McDonnell stated that he is inclined to approve the request.

Mr. Werner made a motion to approve appeal #1809 as requested and Mr. Dodson seconded the motion.

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

Mr. Deremer arrived at the meeting and resumed the position of Chairman for appeal #1795.

APPEAL #1795 – Craig Conley, Attorney, 220 Market Ave. S., Suite 604, Canton, OH 44702, agent for Richard Snee, property owner, of 5335 Strausser St. NW, North Canton, OH 44720 appeals the decision of the Zoning Administrator as provided for in Art. VIII Sect. 803.1 of the zoning resolution in letter dated 7/9/02 regarding the denial for a 25% non-conforming use expansion for the property of Earth & Wood Products, 5335 Strausser St. NW, Sect. 2SE & SW Jackson Twp.  Area zoned R-R.

(SEE OFFICIAL TRANSCRIPT IN FILE FOR APPEAL #1795)

The board did not hear the entire case and Mr. McDonnell made a motion to continue appeal #1795 until November 21, 2002 at 8:15 p.m. and Mr. Dodson seconded the motion.

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

Mr. McDonnell made a motion to approve the conclusion of fact for appeal #1803 and Mr. Dodson seconded the motion.

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

Mr. McDonnell made a motion to adjourn the meeting and Mr. Giulitto seconded the motion.

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

Respectfully submitted,

Joni Poindexter
Zoning Data Coordinator
Clerk/Secretary