Members present:                                                David Benner
                                                                               Donna Conaway
                                                                               Thomas Todaro

Zoning Inspector:                                                 Joni Poindexter
Zoning Data Coordinator:                                  Andrea Paumier

AMENDMENT #570-08 – Mike Kochovski, 5150 Foxchase Ave., Canton, OH 44718, agent for Stark Community Foundation, 400 Market Ave., Canton, OH 44702 and Mary Kontogianes 4419 Orchard Dale Dr., Canton, OH 44709, property owners, propose to rezone R-2 (Two Family Residential District) to R-4 (Multi-Family Residential District) Property located: Parcel #’s 1607102 & 1607103 on Bretz St. Sect.33SE, Jackson Twp.

Mr. Benner read the file application, contents of the file and Regional Planning’s Recommendation.

Mr. Benner asked who would like to speak on behalf of this amendment.

Mr. Benner swore in Mike Kochovski, 5150 Foxchase Ave., Canton, OH 44718.

Mr. Kochovski stated that he is in the process of buying the two lots in question. Mr. Kochovski stated that they are currently zoned for duplexes only at this time. Mr. Kochovski stated that as the Board can see, nobody has built anything one these lots for about 25 years. Mr. Kochovski stated that the reason he would like to purchase the two lots is because he would like to build two, ten unit apartments on each property, on each lot and he thinks it is a perfect idea because there are multi-family behind and to the west of the lots in question.

Mr. Kochovski stated that if he would purchase the two lots and build a duplex on each one, to be able to make some money and because of the price of the properties, he would have to charge $2,000.00 a month for rent just to cover his expenses. Mr. Kochovski stated that with ten units on each property, that would be good for the community, good for Stark County, for tax purposes, good for Jackson Township and also good for the economy. Mr. Kochovski stated that Jackson Township would also be able to profit from the apartment complex because of the cost of permits.

Mr. Kochovski stated that when driving past the properties in question, you would see a bunch of trees and the current owners cannot cut the grass. Mr. Kochovski stated that the neighbors also dump grass, water heaters, old dishwashers, etc. on the two properties. Mr. Kochovski stated that they are not going to build “junky” apartments. They will be building nice units, with double car garage attached to each unit. Mr. Kochovski stated that the properties will be very well landscaped and it would bring up the property values around the neighborhood of the single family houses.

Mr. Kochovski stated that he knows the neighbors that are here this evening, their arguments will be that they don’t want another apartment complex in the neighborhood and the property values will go down but he stated that is not true. Mr. Kochovski stated that the houses across the street they are not brand new homes. Mr. Kochovski stated that he isn’t saying the homes aren’t worth anything, everybody’s property, to them, is worth a lot of money. Mr. Kochovski stated that he doesn’t think that the two properties that are in question should not be sitting with nothing being built on them. Mr. Kochovski stated that is all he has to say.

No one in the audience wanted to speak in favor.

Mr. Benner swore in Rob Pavelzik, 7251 Bretz St. NW, to speak in opposition.

Mr. Pavelzik stated that he and his wife own the property that is virtually across the street from the properties in question. Mr. Pavelzik stated that they are against the proposed rezone amendment 570-08. Mr. Pavelizik stated that after notifying residents in the neighborhood of the proposed change, many residents decided to come to the hearing, and were not able to attend tonight’s meeting but wished their opinion could be heard. Mr. Pavelzik stated that on March 19, 2008 he delivered to the Zoning Department twenty-four general affidavits with the notarized signatures of thirty-three parcel residents and owners who are all against the proposed changes. Mr. Pazelzik stated that they respectfully request that the Trustees deny the proposed rezoning change on the basis of traffic issues, property values and they idea of what the everyone wishes the neighborhood to be.

Mr. Pavelzik stated that the zoning change process includes a sigh posting and that written notification may have been given to adjoining parcels. Mr. Pavelzik stated that upon canvassing the neighborhood, virtually 98% of the over fifty residents he spoke with were not aware of the proposed changes. Mr. Pavelzik stated that the policy and procedure of notification to the public of the proposed zoning amendment posted on the web page does not include written notification to any residents, he stated to increase the awareness and provide transparency of the zoning chance in a residential area he would respectfully submit that the Trustees consider a policy change of written notification to at least twenty affected parcel owners disbursed to five owners to the north, south, east and west of the change he estimated the suggested would be at a minimal cost.

Mr. Benner swore in Paul Juhasz, 7225 Bretz St. NW.

Mr. Juhasz stated that he opposed to the zoning change because he thinks the apartment complex will decrease the property values of the surrounding neighbors. Mr. Juhasz stated that this would increase traffic flow. Mr. Juhasz stated that when the intersection of Hills & Dales and Perry Rd. was widened the neighbors were not aware that the existing apartment complex’s driveway was going to come out on to Bretz and this increased the traffic flow through the neighborhood. Mr. Juhasz stated that children live on the street and the traffic flow isn’t good for them. Mr. Juhasz stated that he can’t see how having another apartment complex in the neighborhood with another drive coming out onto Bretz, will help this situation, two wrongs to not make a right. Mr. Juhasz stated that the neighbors were originally under the impression that Bretz was not wide enough to accommodate all this traffic but the driveway kind of happened over night. Mr. Juhasz stated that he does not believe that they have the street to maintain that type of traffic and even if the apartment is nice looking he has never seen an apartment complex increase the property value of the surrounding properties.

Mr. Benner stated that the road Mr. Juhasz is speaking of, the exit is on Bretz.

Mr. Juhasz stated that is correct.

Mr. Juhasz stated that originally the drive came out onto Perry Dr. and when the intersection was redone, they moved the drive onto Bretz, which the neighbors were not informed of this change and he does not believe that this should have happened.

Mr. Benner asked if there is still an exit on Hills & Dales for the current apartment complex.

Mr. Juhasz stated that no one can get out of the exit on Hills & Dales due to the traffic so they use the exit on Bretz. Then they come down to Jackson and disperse from there.

Mr. Benner asked if most of the homes around that area are still using septic.

Mr. Juhasz stated no, sewer was just put in, in the past year or two. Mr. Juhasz stated that he wouldn’t say that 100% of the people are hooked up yet but septic is available.

Mr. Benner swore in Charlie Wagner 7250 Bretz St. NW.

Mr. Wagner stated that he has lived at this address since 1976. Mr. Wagner stated that for years and years he never realized that the current apartments existed because the drive never went through to Bretz before. Mr. Wagner stated that it was just an area that was buffered by a wooded space. Mr. Wagner stated that when the current apartment complex put a drive through to Bretz, it is just constant to see cars going up and down Bretz at a high rate of speed and this is a safety issue. Mr. Wagner stated that since the drive was put in about a year and a half go, he doesn’t know why but there has been an increase of policecruisers throughout the neighborhood.

Mr. Benner swore in Susan John 7275 Bretz St. NW.

Ms. John stated that her and her mother recently moved in to the neighborhood and they live right across the street from the properties in question. Ms. John stated that the applicant stated that there is junk such as dishwashers, washers and dryers, etc dumped on the property, and that is not true. The properties in question is a nice area and a lot of wild life that her and her mother enjoy watching. Ms. John stated that she is opposed to the rezone change. Ms. John stated that if putting duplexes isn’t financially solvent thing to do then don’t buy the property because they don’t want more multi-family on this property. Ms. John stated that multi-family usually mean transient, people coming in and out. Ms. John stated that she isn’t saying that all persons who rent apartments are transient and dirty people but most of the time when an apartment complex goes into a neighborhood the property values go down. Ms. John stated that they would have to look at this everyday, right out the front window and she would much rather look at it the way it is now or to see a duplex but not an apartment complex. Ms. John stated that the apartment complex that is currently there, does create traffic issues and heavy traffic towards their property. Ms. John stated that they came from a busy inner city street to Bretz where they could have a little bit of land and it would be quiet.

Ms. Poindexter stated that she would like to make a couple clarifications. Ms. Poindexter stated that number one in regards to the notification, that is in the zoning regulation under Section 804.1, which is the amendment procedure for the applications and that is in compliance with the Ohio Revised Code. Ms. Poindexter stated that the reason the Trustees just put into the regulations that a sign be posted on the proposed rezone properties is to inform the surrounding neighborhood. Ms. Poindexter stated that is one more step the Trustees took so that the public is more notified.

Mr. Pavelzik asked if the Trustees could consider sending more notices out to the neighborhoods.

Ms. Poindexter stated that she wouldn’t think so but he is more then welcome to come to the Trustee meeting and address that question. Ms. Poindexter stated that the other issue she would like to clarify is this property together is 2.52 acres, which normally under the R-4, ten units per acre is permitted, but if more then six units per acre, then it would fall into a conditional use permit, which means they would have to go to the Board of Zoning Appeals, have a plan laid out and if that were approved they would have to build according to that specific plan. Ms. Poindexter stated that the thing with a conditional use permit there has to be a minimum of three acres and they do not have three aces, so technically they could only do six units per acre, unless the Board of Zoning Appeals would issue a variance along with the conditional use permit.

Mr. Kochovski stated that the sewer capacity was checked with the sewer department and the capacity is more then enough even if someone would build twenty-four units but in this case like Ms. Poindexter stated there won’t be more then six units per lot. Mr. Kochovski stated that one of the residents who spoke against stated that she does not want to look at an apartment building, but the only thing that the residents would see is maybe the edge of the roof. The grade has been checked, the lot slopes almost seven and a half feet from the front of the property to the back. Mr. Kochovski stated that the garage is going to be around the back side of the apartment, so the building will be one building from the front and two story from the back. Mr. Kochovski stated that there are currently trees that are between ten and twelve feet that will cover the building, the only thing the residents will see is the driveway. Mr. Kochovski stated that in regards to the traffic, not even 200 ft. from parcel #1607102 to the main street, then from parcel #1607103 its about 275 ft. to the main road. Mr. Kochovski stated that he doesn’t think that anyone would come out of the driveway and go east on Bretz, 75% of the vehicles would not turn down Bretz and head east. Mr. Kochovski stated that the apartment complex will not affect the look of the area. Mr. Kochovski stated that is all he has to say.

Mr. Juhasz stated that Mr. Kochovski does not live in this neighborhood and is not aware of the difficulties of getting out on to Perry Rd. from Bretz, sometimes you will sit through a light or two from the intersection up at the corner due to traffic flow. Mr. Juhasz stated that Mr. Kochovski spoke about the grade, where is the water runoff going to go? It will go onto to surrounding properties on Hoverland. The apartments are going to have garages behind them.

Mr. Benner closed this amendment to public input.

Ms. Conaway stated that she agrees with Stark County Regional Planning Commission and primarily item number five that read “The existing R-2 Two-Family zoning district provides a buffer for the existing single-family homes to the east from the more intensive multi-family units located along Hills & Dales. The multi-family district should not be encouraged to extend farther into this well-established single-family neighborhood.” Ms. Conway stated that she agrees with that statement and feels that it is part of the Board’s duties of the Zoning Commission to protect single family homes and to provide buffer zones for them.

Mr. Todaro stated that he went and looked at the properties in question and the street Bretz, if you go north on Bretz and have to make a left on Perry Dr. to get to Hills & Dales Rd., he has sat there for about three minutes at 3:30 in the afternoon. Mr. Todaro stated that the other side of Bretz that extends to Jackson Ave. there shouldn’t be too much of a problem turning right there, but probably a lot of problems if wanting to turn left. Mr. Todaro stated that he would like to bring up a point that no one has spoke on and that would be getting school busses in and out of that neighborhood. Trying to turn left onto Perry Dr. from Bretz or trying to turn a school bus left onto Jackson Ave., would be extremely difficulty and a safety issue. Mr. Todaro stated that as far as not being finically feasible, that is something that has to be looked upon from any developer. Mr. Todaro stated that there are nice homes in the neighborhood that he would guess were built in the late 60’s. Mr. Todaro stated that he would be very worried of how it would affect the existing property owners. Mr. Todaro stated that the land has sat there for a long time, and in looking around Jackson Township there isn’t a whole lot of land left and in speaking with Ms. Conaway we agree that this Board needs to protect the existing homes in Jackson Township. Mr. Todaro stated that the property is currently zoned R-2 and he believes it should stay that way.

Mr. Benner stated that in looking at the zoning maps and the surrounding zoning districts, the surrounding properties are mostly R-R Rural Residential, with the exception of the corner lots being R-4 Multi-Family Residential District. Mr. Benner stated that he isn’t sure why there is an exception on that corner being R-4, but there is. Mr. Benner stated that these properties have been zoned R-2 since 1969, and due to the fact that building something will cost the builder too much money, that is not a reason to rezone a property. Mr. Benner stated that he also agrees with Ms. Conaway and Mr. Todaro’s comments.

Mr. Conaway made a motion to approve amendment 570-08 as requested.

Mr. Todaro seconded the motion.

The vote was: Ms. Conaway – No, Mr. Benner – No and Mr. Todaro – No

Mr. Benner stated that there are meeting minutes to be approved from February 21, 2008 but due to the fact that he is the only Board member present that attending February 21st meeting, the minutes will be discussed at the next Zoning Commission meeting.

Mr. Conaway made a motion to adjourn.

Mr. Todaro seconded the motion.

All were in favor.

Respectfully submitted,

Andrea Paumier
Zoning Data Coordinator