Members Present:                            David Clatterbuck
                                                            Rodney Napier
                                                            James Bauder
                                                            Aletha Magyaros

Absent Member:                                Donna Conaway

Zoning Data Coordinator:                Joni Poindexter

Zoning Administrator:                       John Phillippi

Mr. Clatterbuck asked if the board had any comment on the minutes from July 21, 2001.

Mr. Napier made a motion to approve the minutes of July 21, 2001.

Mrs. Magyaros stated that there is a typo in some places where it says Mr. and it should say Ms.

Mr. Bauder seconded the motion with the corrections.

The vote was: Ms. Magyaros-yes, Mr. Bauder-yes, Mr. Napier-yes and Mr. Clatterbuck-yes.

AMENDMENT #504-01 – Larry V. Slagle of 2200 Wales Rd. NW, Massillon, Ohio 44646 agent for Mabel Schenk Living Trust, property owner, of 13624 Straw Bale Lane, Darneston, MD 20878 proposes to rezone R-1A (Single Family Residential District) to B-1 (Suburban Office & Limited Business District) .71 acres located at the southwest corner of Concord and Wales Rd., also known as 2521 Wales Rd. NW, Sect. 32SE Jackson Twp. (Legal description on file)

Mr. Clatterbuck read the file application and Stark County Regional Planning’s recommendation for denial and the facts considered in their recommendation.

Mr. Clatterbuck asked who would like to speak in favor of this amendment.

Mr. Larry Slagle of 2200 Wales Rd. NW stated that he represents Schenk Living Trust and has had the opportunity to find out that the property was for sale. Mr. Slagle stated that he contacted the Schenk Trust and they were initially opposed to the idea of the rezone, however he convinced Gloria Schenk Blake to meet him so he could explain his intent. Mr. Slagle stated that now Ms. Blake supports the request. Mr. Slagle presented a letter to the board from Ms. Blake stating that she is in favor of the rezone.

Mr. Slagle stated that the purpose of the rezone is because he would like to locate his law practice at this location. Mr. Slagle stated that his law practice has been at the Charter One Bank for 22 years.

Mr. Slagle stated that he has no intention of removing any trees or changing the outside structure of the building. The only change would be added parking to the north side of the building. Mr. Slagle stated that the interior of the house would have some changes but not the exterior.

Mr. Slagle stated that his practice is a civil practice and is not very large. Mr. Slagle stated that he does not deal with criminal cases so the neighbors would not have to worry about criminal’s coming into the area.

Mr. Slagle stated that there would be no change in the neighborhood. Mr. Slagle stated that he would be willing to ask the Schenk Trust to put a covenant in the deed that states that the property would not be transferred to anyone else for any other purpose other than a law office. Mr. Slagle stated that he has no interest in having the building torn down or changed.

Mr. Slagle stated that the reason he would like his law office at this location is because the house is very attractive. Mr. Slagle stated that he would have no problem putting a restriction in that would say that if the law office ceases, the property would revert back to residential zoning.

Mr. Slagle stated that he does not believe the law practice would encroach on the neighborhood and he is willing to put in any restriction that the neighbors would like.

Mr. Slagle stated that his law office would be open Monday through Friday 8:00 am to 5:00 pm and once in a while on a Saturday and evenings. Mr. Slagle stated that no staff would be on the premises in the evening.

Mr. Slagle had no further comments.

Mr. Clatterbuck asked if anyone else in the audience wanted to speak in favor of this amendment.

Mr. Oren Canary stated that he is the son of Carol Canary who lives at 2509 Wales Rd. NW.

Mr. Canary stated that Ms. Canary has lived at this location for over a decade. Mr. Canary stated that he has a Real Estate business and happens to be in the business of the rehabilitation of residential properties. Mr. Canary stated that they would be impacted by the property because they live immediately next door to it. Mr. Canary stated that he has watched the property degrade over the years and it has negatively affected the property values in the area as it sits right now, being a residential property.

Mr. Canary stated that the home needs painted and a new roof and is overgrown and being used as a rental property, which is surely out of character with the other properties in the neighborhood. Mr. Canary stated that he has no reason to believe this will change as long as the property remains as is. Mr. Canary stated that Mr. Slagle would have to maintain the property, put a new roof on the home and clean it up.

Mr. Canary stated that the property would be used 8:00 am to 5:00 pm and the traffic would be minimal. Mr. Canary stated that if the property were fixed up, the other property values in the area would increase.

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

Mr. Clatterbuck asked if anyone in the audience would like to speak in opposition to the amendment.

Mr. Jerrell Miller of 1343 Concord NW stated that he lives right in back of the property in question and his bedroom window would be between 12 to 15 ft. from the proposed parking lot.

Mr. Miller stated that Ms. Baker lives in Maryland so the rezone would not effect her and Mr. Canary does not live in the neighborhood, his mother does, so this would not effect him either.

Mr. Miller stated that the roof is a slate roof, which lasts for years so he does not see the roof having to be removed.

Mr. Miller stated that the house is well maintained and there has been no problem from any renters. Mr. Miller stated that there have only been two renters in the past four years and they have only rented for about one year out of the four years.

Mr. Miller stated that for a lawyer that has been around for 22 years, to come in and decide that he wants to mess up Mr. Miller’s house, he has a problem with this.

Mr. Miller stated that the Mortgage Service at 2211 Wales already impacts the neighborhood. Mr. Miller stated that it is very hard to get in and out of Concord due to the business having UPS drivers blocking the road and vehicles parking on the street because there is not enough parking for the business on their own property. Mr. Miller stated the traffic would get worse.

Mr. Roger Fox of 1340 Concord NW stated that he was watching the house for Mrs. Baker and the home is very well maintained. The home was rented to a couple that was going to purchase the home however they decided to move to Akron.

Mr. Fox stated that the person living in the home now does not rent the home, they are a house sitter. Mr. Fox stated that the house has never been on the open market.

Mr. Fox stated that the home is beautiful and it would not be hard to sell as a residential home in the neighborhood. Mr. Fox stated that he believes as long as businesses do not expand into the neighborhood that it will continue to be a good neighborhood.

Mr. Fox stated that he has no reason to doubt that Mr. Slagle has good intentions. The only thing that they don’t know and they have to wonder about is if and when Mr. Slagle would sell the property, the walls have been removed, the kitchen taken out and the zoning is irreversible and the home would be a commercial building.

Mr. Fox had no further comments.

Mr. William Peel of 1336 Concord stated that Concord is a very busy street and is the only cut through between Amherst and Wales. Mr. Peel stated that there is problem with the Mortgage Service and not having enough parking. Mr. Peel stated that the Mortgage Service only has enough parking for four vehicles and there are always at least 8 to 10 vehicles parked on the roadway. Mr. Peel stated that the driveway for the Schenk home is right across the street from the Mortgage Service.

Mr. Peel stated that he chose to live where he does because it is quiet and a nice neighborhood. Mr. Peel stated that if the Schenk Trust were looking for a buyer that he would love to buy the property. Mr. Peel stated that the home is worth fixing up and they do not need a business to increase the value of the home.

Mr. Peel stated that businesses are cluttering up the neighborhood and he does not want another business coming in.

Mr. Kim Watts of 1345 Taggart stated that a few months ago a rezone request was brought before the board for 2207 Wales. Mr. Watts stated that at that time it was brought up that commercial would stay on the east side and residential on the west side. Mr. Watts stated that if B-1 were allowed on the east side then it would eventually go down the line and effect everyone in the neighborhood.

Mr. Watts stated that there is a property for sale right next to the bank that Mr. Slagle could purchase and build a law office.

Mr. Watts had no further comments.

No one else in the audience spoke against this amendment.

Mr. Bauder asked Mr. Phillippi if there is another way to put a law office in a home.

Mr. Phillippi stated that there is a home occupation but in order to qualify there are certain conditions that have to be met which include that the person must live in the home and cannot have any outside employees. Mr. Phillippi stated that in listening to the discussion, he does not believe this would qualify for the home occupation permit.

Mr. Clatterbuck stated the properties between Carolina and Concord are zoned B-1 and they were zoned that way because they were existing and were a non-conforming use. Mr. Clatterbuck stated that there have been a number of attempts at rezoning property along Wales over the years and they have consistently said no. Mr. Clatterbuck stated that if he had his way there would be no commercial along the west side of the street but they cannot stop the non-conforming uses.

Mr. Clatterbuck stated that the line has been drawn before along Wales that the commercial was going to stay on the east side of the street.

Mr. Clatterbuck stated that he admires Mr. Slagle’s efforts to preserve the property by putting in deed restrictions but the problem is that by doing this the door is open for progression of more B-1 or whatever it might be. Mr. Clatterbuck stated that Taggart is the line on the west side of Wales and Mr. Clatterbuck has to stand firm as to no more commercial on the west side of Wales.

Ms. Magyaros stated that she does not doubt that Mr. Slagle has the best intentions for the property but she concurs with Mr. Clatterbuck’s observations.

Mr. Bauder stated that he also concurs with Mr. Clatterbuck.

The board had no further comments.

Mr. Napier made a motion to vote on amendment #504-01 as submitted.

Mr. Bauder seconded the motion.

The vote was: Ms. Magyaros-no, Mr. Bauder-no, Mr. Napier-no and Mr. Clatterbuck-no.

Mr. Clatterbuck stated that the board has made a recommendation of denial, which then goes to the trustees.

AMENDMENT #505-01 – Hardy & Peble Clark, property owner, of 6733 Frank Ave. NW and agent for James Swonger, property owner, of 735 Coveglen Ct., Colorado Springs, CO 80906 propose to rezone B-1 (Suburban Office & Limited Business District) to B-3 (Commercial Business District) .39 and .52 acres, also known as 6733 Frank and 5112 Portage St. NW located at the southwest corner of Frank & Portage, Sect. 11SE Jackson Twp. (Legal description on file)

Mr. Clatterbuck read the file application and Stark County Regional Planning’s recommendation for denial and the facts considered in their recommendation.

Mr. Clatterbuck asked who would like to speak in favor of this amendment.

Mr. Hardy Clark of 6733 Frank Ave. NW stated that there is so much built up on Portage and Frank and with the widening of the road, the area is no longer suitable for residential living. Mr. Hardy stated that it is hard to get out onto Frank Rd. and he would like to the have the property rezoned.

Mr. Clark stated that with the property zoned B-1, if they wanted to sell, they could not get enough out of the property to be able to relocate and feels if changed to B-3 they could sell the property and get out of the heavy traffic.

Mr. Clark stated that if a survey were taken they would find that the traffic is miserable on Frank & Portage and is not suitable for residential living.

Mr. Napier stated that the property is zoned B-1 now and businesses can operate on the property with a limited use. Mr. Napier stated that this is similar to what is on the street closer to Kent State University.

Mr. Clatterbuck stated that B-1 runs down to Quail Hill after getting past the R-R property next to Mr. Clark’s. Mr. Clatterbuck stated that limited businesses could be in the B-1 district. Mr. Clatterbuck stated although Mr. Clark is living on his property as residential, the property is zoned commercial.

Mr. Clatterbuck stated that there is no B-3 zoning along Frank Avenue on the west side. The property along Frank at the southeast corner is zoned B-3 which means retail sales could be done. Mr. Clatterbuck stated that Mr. Clark’s property is zoned B-1 commercial zoning, which means that there could be offices at this location but no retail sales.

Ms. Magyaros asked Mr. Clark if anyone had approached him about purchasing his property for the B-1 use.

Mr. Clark stated that he has had offers but the offers were so low that it would not pay enough for him to relocate. Mr. Clark stated that this is why he is asking to have the property rezoned to B-3.

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

Mr. Clatterbuck asked if anyone in the audience wanted to speak against this amendment.

Ms. Jean Forsyth of 5232 Portage St. stated that she is also representing her brother who lives at 5220 and her daughter who lives at 5222 Portage. Ms. Forsyth stated that she has lived at this location all her life and when Mr. Clark’s property was rezoned to B-1 they did not object because they thought it was fair due to them being in a bad location. Ms. Forsyth stated that she wants to protect her home and her family’s home.

No one else in the audience spoke against this amendment.

Mr. Clatterbuck stated that he thought this issue was addressed a number of years ago when the property was changed to B-1. Mr. Clatterbuck stated that he could understand Mr. Clark’s motivation however unfortunately the board has had some other requests for commercial on the northwest corner and they have resisted this. Mr. Clatterbuck stated that he thinks at that corner there has been a lot of traffic and for a retail type of business, which is permitted under the B-3, the area couldn’t stand anymore traffic. Mr. Clatterbuck stated that this is why they thought that B-1 was a fair compromise. Mr. Clatterbuck stated that he has not seen anything that would change his mind.

The board had no further comments.

Mr. Napier made a motion to vote on amendment #505-01 as submitted.

Mr. Bauder seconded the motion.

The vote was : Ms. Magyaros-no, Mr. Bauder-no, Mr. Napier-no and Mr. Clatterbuck-no.

Mr. Clatterbuck stated that the board has made a recommendation for denial that will go to the trustees.

Mr. Napier made a motion to adjourn the meeting and Ms. Magyaros seconded the motion.

The vote was: Ms. Magyaros-yes, Mr. Bauder-yes, Mr. Napier-yes and Mr. Clatterbuck-yes.

Respectfully submitted,

Joni Poindexter
Zoning Data Coordinator
Clerk/Secretary