Members present:                                                 Ted Deremer
                                                                                Edward McDonnell
                                                                                Gerald Werner
                                                                                Richard Dodson
                                                                                Jim Giulitto-absent for appeal #1791

Zoning Administrator:                                          John Phillippi

Zoning Data Coordinator:                                  Joni Poindexter

Assistant Law Director:                                      David Ferrell

APPEAL #1806  - Wanda Bowman, 9002 Beatty St. NW, Massillon, Ohio 44646 agent for Edith Coleman, property owner, 8983 Beatty St. NW, Massillon, Ohio 44646 requests a variance to replace a 720 sq. ft. non-conforming mobile home with a 1,280 sq. ft. mobile home where 900 sq. ft. is permitted per the 25% non-conforming use expansion in Art. IV Sect. 303.3 of the zoning resolution, for a total of 380-sq. ft. over the 25% non-conforming use expansion.  Property located at 8983 Beatty St., Sect. 29NW Jackson Twp.  Area zoned R-R.

Mr. Deremer read the file application signed by Edith Coleman with reason being as stated by the applicant, “A new mobile home is needed because of illness to residence and assistance from family members will be needed from time to time.  Old mobile home is over 37 years old”.  The file contained a tax map of the property in question and surrounding properties and a site plan showing the location of the proposed replacement mobile home.

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

Mr. Deremer swore in Wanda Bowman, 9002 Beatty St NW.

Ms. Bowman stated that she has moved next to her parents.  They have about 10 acres of property and she bought an acre from them and built her home.  Ms. Bowman stated that her father is 86 and her mother is 82.  Ms. Bowman stated that her father has had cancer for four years and her mother has three fractures on her spine and she feels that they need a lot of care from family members.

Ms. Bowman stated that the mobile home is 37 years old and is no longer serviceable for them.  There are parts that cannot be replaced due to the age of the mobile home.  Ms. Bowman stated that they are applying for a new mobile home that is 16 x 80 ft., which would give them a third bedroom for family members who may need to stay with them to help them with their everyday needs.

Ms. Bowman stated that neither of her parents can drive so they rely on family members to help them and this is why they need the extra space.

Ms. Bowman stated that it is her parent’s dream to have a new home.

Mr. McDonnell asked if Ms. Bowman could testify as far as the use of the trailer and how long it has been in use.

Ms. Bowman stated that it has been in use for 37 years.

Mr. McDonnell asked if it has been used continually for 37 years.

Ms. Bowman stated yes.

Mr. McDonnell asked if they have ever not lived in the mobile home.

Ms. Bowman stated no; actually they have lived there for about 45 years.  The current mobile home is their second one.

Mr. Deremer stated that non-conforming is a different issue because it is something that actually is not in compliance with the resolution.  The fact that it has been there for 37 years kind of precludes some things.  Mr. Deremer stated that the resolution allows a non-conforming use to expand 25% without coming before the board.  It’s the square footage over the 25% that the board looks at.

Ms. Bowman stated that there is plenty of room for the mobile home within the acre in which they want to put it.  Ms. Bowman stated that over the last year there has been a great improvement on the property and the new home will add to the improvement.

The board had no further questions and Ms. Bowman had no further comments.

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

Mr. Deremer swore in Harold Rohr, 4555 Amherst Rd. NW.

Mr. Rohr stated that he is in favor of the appeal and agrees that Ms. Bowman’s parents need care from the family.  Mr. Rohr stated this is the best thing for them and he has no problem with the appeal.

Mr. Deremer asked if Mr. Rohr thought that the increased size of the trailer would be a hindrance on the lot.

Mr. Rohr stated no.  The lot is a good size.

Mr. Deremer swore in Debbie Rohr, 8903 Beatty St. NW.

Ms. Rohr stated that she lives across the street and is in favor of the appeal.  Ms. Rohr stated that she would like to see the Coleman’s live out the rest of their years in a pleasant home and she has no problem with this appeal.

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. McDonnell stated that he believes the request is a legitimate one.  They are looking at a non-conforming use that has been there since zoning was enacted.  A 720-sq. ft. mobile home is pretty small and to expand only 25% the home would only be 900-sq. ft., which again is pretty small.  Mr. McDonnell stated that 1,280-sq. ft. is in excess of 77% when you look at what it actually represents but it’s still not really that large.  Mr. McDonnell stated that the property is 220 ft. wide and 380 ft. deep so there is plenty of room to put the mobile home in and still meet the setbacks.  Mr. McDonnell stated that he has no problem with this appeal.

Mr. Werner stated that he agrees with Mr. McDonnell and has no problem with this appeal.

Mr. Dodson made a motion to approve appeal #1806 as requested.

Mr. McDonnell seconded the motion.

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

(Appeal #1806 is hereby approved as requested.)

APPEAL #1799 - Morty Sabaii, 146 N. Forge St., Akron, Ohio 44304 agent for Brian & Xiomara Simmons, property owner, 5730 Oak Dr. NW, Canton, Ohio 44718 requests a variance for a 6 ft. 6in. left (north) side yard setback where 10 ft. is required in Art. IV Sect. 401.6 of the zoning resolution.  Property located at 5730 Oak Dr. NW, Sect. 14SW Jackson Twp.  Area zoned R-1.

Mr. Deremer read the file application signed by Morty Sabaii with reasons being as stated by the applicant, “To meet the required setback & due to narrowing of the property lines toward the lake make it impossible to locate the terrace without obstructing the lake view from the basement level of said property”.  The file contained a tax map of the property in question 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 Brian Simmons, 5730 Oak Dr. NW.

Mr. Simmons stated that the architect made the plan and they are encroaching about 4 ft. toward the property line for the deck.  Mr. Simmons stated that they have to go this close to the property line due to the under zoning and stability of the property they have to dig down 3 ft.  Mr. Simmons stated that he is not an architect so he can’t speak to the engineering part of the project.

Mr. Deremer stated that this is a typical Lake Cable area and not a standard parcel.

Mr. Simmons stated that the home is about 20 to 25 yards from the lake.

Mr. Deremer asked how close the resident’s is from the property line.

Mr. Simmons stated probably 12 ft. to the other property line.

Mr. Simmons explained the site plan.

Mr. McDonnell asked what the square structure is that is located nearest to the lake.

Mr. Simmons stated that it is a two-tier patio.  One part is one foot off of the ground and the other part is about three feet off of the ground.

Mr. McDonnell asked if the patio is made out of brick.

Mr. Simmons stated yes.

Mr. Phillippi stated that a patio does not require a permit and does not need to meet the setbacks unless it is built with a footer.

Mr. McDonnell asked Mr. Simmons if a footer would be used because it appears the only thing the board is considering are the concrete steps and if the patio has a footer then it also violates zoning.

Mr. Simmons stated that it is just a stone patio.

Mr. Deremer stated that it appears, based on how the zoning administrator looks at it, the stamped pattern is on the ground.

Mr. Simmons stated that actually it is a slab of concrete stamped to look fancy.

The board had no further questions and Mr. Simmons had no further comments.

Mr. Deremer asked if anyone else in the audience wanted to speak in favor of this appeal.
Mr. Deremer swore in Mark Carlson, 5748 Oak Dr. NW.

Mr. Carlson stated that he lives adjacent to the Simmons residents on the north side.  Mr. Carlson stated that the homes are offset and his home is about 10 yards closer to the lake then the Simmons residents.  Mr. Carlson stated that the patio is actually on the side of his house and the only reason he goes on that side is to mow the lawn so it is really a non-use area.  Mr. Carlson stated that he has no problem with the appeal.

Mr. Deremer asked how close Mr. Carlson’s home is to the property line.

Mr. Carlson stated that he thinks it’s probably right on it because the lots are pie shaped.  At the point of Mr. Simmons request it is probably 12 or 15 ft. from it.

Mr. Deremer stated that within the Lake Cable area the board gets a lot of structures that are as close as 5 ft. from the property line.

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. McDonnell stated as indicated by Mr. Deremer that this is typical Lake Cable area.  This particular property has problems with the narrowness of the lot.  It appears from Mr. Simmons testimony that the only thing the board is considering is the concrete steps to a patio.  6 ft. 6 in. is common for the Lake Cable area and he believes this is a legitimate request.

Mr. Werner stated that he agrees with Mr. McDonnell and has no problem with this appeal.

Mr. Deremer stated that the width of the parcel at the lakeside is a mere 30-ft. so there is not much room to do anything.  Mr. Deremer stated that they are going from 105 ft. on the frontage down to 30 ft. on the lakeside so they are naturally being squeezed.  Mr. Deremer stated that he has no problem with this appeal.

Mr. McDonnell made a motion to approve appeal #1799 as requested.

Mr. Werner seconded the motion.

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

(Appeal #1799 is hereby approved as requested.)

APPEAL #1793 - 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 6/21/02 & 7/9/02 regarding a violation of the use of the property for Earth & Wood Products, 5335 Strausser St. NW, Sect. 2SE & SW Jackson Twp. (Continued from 8/8/02)

PLEASE SEE TRANSCRIPT FOR MINUTES OF APPEAL #1793 IN FILE.

Respectfully submitted,

Joni Poindexter
Zoning Data Coordinator
Clerk/Secretary