Members present:                                                 Ted Deremer
                                                                                Edward McDonnell
                                                                                Gerald Werner
                                                                                Richard Dodson
                                                                                Jim Giulitto

Zoning Administrator:                                          John Phillippi

Zoning Data Coordinator:                                  Joni Poindexter

Assistant Law Director:                                      Dave Ferrell

APPEAL #1792 – Sitter Services Cooperative Inc., Terri Burkhart, 8285 Brooke Hollow St. NW, Massillon, Ohio 44646 agent of St. Stephen Martyr Lutheran Church, property owner, 4600 Fulton Rd. NW, Canton, Ohio 44718 requests a conditional use permit for a child day care within a church where a conditional use permit is required in Art. IV Sect. 411.3 of the zoning resolution.  Property located at 4600 Fulton Rd. NW, Sect. 25NW Jackson Twp.  Area zoned B-1.

Mr. McDonnell read the file application signed by Terri Burkhart and the reason for the appeal being that the conditional use permit is required for a child day care within a church.

The file contained the following:
1) A tax map of the property in question and surrounding properties
2) An 11 x 17” site plan
3) A four-page layout of the church labeled OP1, E-6, A1, and R-1.
4) The typed answers to the criteria for the conditional use permit.

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

Mr. Deremer swore in Heather Null of 7833 Cambridge NW, Massillon, Ohio 44646 and Beth Hill of 6781 Scarborough Rd. NW, Canton, Ohio 44718.

Ms. Null stated that Sitter Services Cooperative is a parent co-op where there are always teachers on site and parents work different shifts throughout the day.  It’s more of a drop off care site that has been in effect for 30 years.  Ms. Null stated that they thought the proposed location would be good because most of the members are from Jackson Township.

Ms. Null stated that there are three classrooms that would be used for toddlers up to six-year-olds, two-nursery rooms for infants up to age two, and a gym area that would be occupied at certain times of the day.  Ms. Null stated that there is a courtyard and outside space that will eventually have a fence around it to block off the air conditioning unit.

Ms. Null stated that they are licensed through the Ohio Department of Jobs and Family Services and they are going through the re-licensing for a new building in addition to the church.

Ms. Hill stated that Sitter Services used to be located at the Zion United Methodist Church so this is not a new enterprise, it is just a move.

Ms. Null stated that no construction would be done to the building.  The only changes are those required to the meet the guidelines of the State for childcare.

Mr. Deremer asked what would be changed.

Ms. Null stated that there would only be minor changes such as gating the areas and the number of cribs in the center and toys that are required.

Mr. Deremer asked if Ms. Null and Ms. Hill actually run the service.

Ms. Null stated that they are board members.

Mr. Deremer asked if anyone in the organization is a trained official for childcare.

Ms. Null stated yes.  There are two teachers that have been with the organization for 25 years and have taken all the classes required for childcare including CPR, abuse, and all other State required classes.

Mr. McDonnell asked if he is correct in stating that it is Ms. Null and Ms. Hill’s testimony that there would be no addition to the church and they are basically changing the existing structure to meet the requirements.

Ms. Null stated yes.

Mr. McDonnell asked if the facility needed to be licensed by the State.

Ms. Null stated yes.  They are waiting for the State to give them their license.  Ms. Null stated that there has been a pre-inspection and once everything is in place the State will come in and do a final inspection.

Mr. McDonnell reviewed the questions for the criteria for the conditional use permit and asked if it would not be detrimental to the property values in the immediate vicinity.

Ms. Null stated no it would not be and no changes would be made to the site.

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

Ms. Null stated that it would not.  They are using the facility that is already there and no changes would be made.

Mr. McDonnell asked if it is Ms. Null’s testimony that no construction will take place.

Ms. Null stated yes.

Mr. McDonnell asked if it would be properly landscaped according to Section 411.9(E).

Ms. Null stated that the church is already in compliance and they will not be changing any landscaping.

Mr. McDonnell asked Mr. Phillippi if there is any change in the landscaping requirements for the project verses the church itself.

Mr. Phillippi stated that there are no landscaping requirements for this particular use.

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

Ms. Null stated yes, it would be.

Mr. McDonnell asked what the hours of operation would be.

Ms. Null stated that they are open Tuesday through Friday 8:30 a.m. to 3:30 p.m.

Mr. McDonnell asked if it is correct that the vehicular entrances and exits would not change because they are currently in place with the church.

Ms. Null stated this is correct.

Mr. McDonnell asked if any lighting would be added such as floodlights, searchlights, or any loud speakers.

Ms. Null stated no.

Mr. McDonnell asked if any trash receptacles would be added.

Ms. Null stated no.

Mr. McDonnell stated, regarding the grading and surface drainage provisions, he assumes they are not applicable because they are not changing the property.

Ms. Null stated this is correct.

Mr. McDonnell asked Mr. Phillippi if he had reviewed the plan regarding room sizes.

Mr. Phillippi stated that he has reviewed the plan regarding the areas identified in yellow and they meet the minimum requirements regarding the space per child that is required.

Mr. McDonnell stated that there is a requirement of 60-sq. ft. of outdoor space and 35-ft. of indoor space per occupant.

Mr. Phillippi stated that he believes they exceed the minimum.

Mr. McDonnell stated that the plan indicates the dimensions of the day care center and asked if it also indicates the emergency entrances and exits.

Ms. Null stated yes.  They are on the plan and marked with an “X”.

Mr. McDonnell asked if all activities would be directly related to the day care center and would be adequately and properly supervised to prevent any hazard, disturbance or nuisance.

Ms. Null stated yes.  They have a full staff as well as three volunteers on the site each day.

Mr. McDonnell asked if it is Ms. Null’s testimony that they have 60-sq. ft. of outdoor and 35-ft. of indoor space per occupant.

Ms. Null stated yes, however at the present time they do not have an outside play area.  This would be done later and will be compliance with a fence before they start the operation.

Mr. McDonnell asked if there is any gasoline pumps or storage tanks in the area.

Ms. Null stated no.

Mr. Deremer asked if Ms. Null or Ms. Hill had anything else to add.

Ms. Null and Ms. Hill stated no.

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 applicant has met all the requirements.  The only one lacking is the fence and gate area however there has been testimony that this would be done.  Mr. McDonnell stated that he sees no reason not to grant the conditional use permit.

Mr. Dodson stated that he agrees with Mr. McDonnell and the criteria has been met.

Mr. Werner stated that he agrees with the other board members.

Mr. Deremer stated that he also agrees.  The only item missing is the fence for the yard area and it has been testified that this would be done.

Mr. McDonnell made a motion to approve appeal #1792 as requested.

Mr. Dodson seconded the motion.

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

APPEAL #1794 – Hammontree & Associates Limited, 5233 Stoneham Rd., North Canton, Ohio 44720 agent for Pine Ridge Group, LTD, property owner, 7694 Strausser St. NW, North Canton, Ohio 44720 requests a conditional use permit for a group dwelling development where a conditional use permit is required in Art. IV Sect. 401.3 of the zoning resolution.  Property location is 6.780 acres on the southeast corner of Knight St. & Jackson Ave., Sect. 34SW Jackson Twp.  Area zoned R-4.

Mr. Deremer read the file application signed by Barbara Bennett with reasons being that a conditional use permit is required for multi-family units if more than one building is located on a single tract.

The file contained the following:
1) The type answers to the criteria for the conditional use permit signed by Barb Bennett and dated 7/18/02.
2) A tax map of the property in question.
3) An 11 x 17” and a full size three-page copy of the proposed project.
4) A memo to Joni Poindexter, Zoning Data Coordinator from Herb Shreiner, Deputy Chief, Jackson Fire Department dated 8/2/02.

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

Mr. Deremer swore in Barb Bennett of Hammontree & Associates.

Ms. Bennett presented some colored displays that were used when the property was rezoned from R-R to R-4 and explained the surrounding properties and what the areas are zoned.

Ms. Bennett stated that the project is located at the southeast corner of Knight St. and Jackson Ave.   The plan has nine buildings with four units per building for a total of 36 units.  There will be private roads within the development.  Ms. Bennett stated that the site has sewer and water and they will provide for storm water calculations and design.

Ms. Bennett stated that they are proposing a landscape buffer that is required by zoning along Jackson Ave., the proposed Knight St., and Wickford Ave. that will buffer the single family residents that will be created along the north and east side of the property.
Ms. Bennett stated that her company put the landscaping plan together and by no means are they very artistic or landscape designers so there may be some modification to the landscaping plan.  Ms. Bennett stated that she believes they will have a professional do the landscaping but wanted to show that they can meet the landscaping requirements according to zoning.

Ms. Bennett stated that she does not have any other presentation but would be happy to answer any questions that the board may have.

Mr. Deremer swore in Fred Tobin of 7694 Strausser St. NW.

Mr. Tobin presented a rendering to the board and stated that it shows the product that they are currently building at the University Village in Massillon.  The project is a 56-unit project and what they are proposing to the board is a 36-unit project.

Mr. Tobin stated that the target market for the project is basically for the age group of 55 and up.  All units have two bedrooms and two car garages with a great room of 16 x 29’, two bathrooms and a laundry room.  Mr. Tobin stated that all the garages have storage spaces and the product has a stone feature.

Mr. Tobin stated that there are two models with the smaller one being 1,517-sq. ft. and the larger one being 1,585-sq. ft.

Mr. Dodson asked what the price range would be per unit.

Mr. Tobin stated that the price would range between $135,000 to $145,000.  Mr. Tobin stated that the units are large and have enclosed patios.

Mr. McDonnell asked Ms. Bennett to read the answers to the conditional use permit requirements that were submitted in writing.

Ms. Bennett reviewed Section 431.2 and stated the following:
A) The proposed use, a Group Dwelling Development consisting of 9 multi-family dwellings, will not be detrimental to property in the immediate vicinity or the community as a whole.
B) The proposed use will not restrict or adversely affect the existing use of adjacent property owners.
C) The access drive on to proposed Knight St. will conform to Township and County criteria.
D) Erosion and sediment control requirements of Stark County Soil & Water Conservation District will be followed.
E) The site will be properly landscaped.  Ms. Bennett stated that she would footnote that there may be some modification to the landscaping plan.
F) The proposed residences will be constructed and maintained in a neat, orderly and safe condition.

Mr. McDonnell asked Ms. Bennett to review the requirements in Section 431.3.

Ms. Bennett stated that number one does not apply because it is residential.

Mr. McDonnell asked how many acres are proposed.

Ms. Bennett stated 6.78 acres.

Mr. McDonnell asked if the point of vehicular traffic is 100 ft. from the intersection of two arterial streets.

Ms. Bennett stated absolutely.

Mr. McDonnell asked if the point of vehicular traffic would be 50 ft. from a collector street.

Ms. Bennett stated yes.
Mr. McDonnell asked if the lighting would be standard residential lighting.

Ms. Bennett stated this is correct.

Mr. McDonnell asked if there would be street lighting.

Ms. Bennett stated that she could not answer this however Mr. Tobin may be able to.

Mr. Tobin stated that there would be standard street lighting.

Mr. McDonnell asked if there would be any flood or searchlights.

Ms. Bennett stated no.

Mr. McDonnell asked if there would be separate trash receptacles or individual pick up.

Ms. Bennett stated that each resident would have his or her own trash receptacle that would be kept in the garage until picked up.

Mr. McDonnell asked if the grading and surface drainage has been or will be prepared by an engineer.

Ms. Bennett stated that they are in the middle of the design at this time and the Stark County Engineer will approve it.

Mr. McDonnell stated that they would review Section 431.6J and asked how much room is between each building.

Ms. Bennett stated that there is a minimum of 30 ft. between each building.

Mr. McDonnell asked how the parking service areas would be paved.

Ms. Bennett stated that they would be concrete or asphalt.

Mr. McDonnell asked if the vehicular approaches are designed not to interfere with traffic on surrounding public streets.

Ms. Bennett stated yes.

Mr. McDonnell asked if there are any dead ends or turn arounds within the project.

Ms. Bennett stated that there are no turn arounds.  They tried to loop the traffic as much as possible.

Mr. McDonnell stated that the Fire Deputy is requesting an emergency fire lane 20 feet wide off of Wickford Ave. due to there being only one way in and out of the project.

Ms. Bennett stated that this could be provided for.

Mr. McDonnell asked if it is Ms. Bennett’s testimony that they will comply.

Ms. Bennett stated absolutely.

Mr. McDonnell stated that item three of 431.6J is not applicable because there are no dumpsters.

Ms. Bennett stated this is correct.

Mr. McDonnell asked how wide the buffer area is around the project.

Ms. Bennett stated that it is a minimum of 10 ft.

Ms. Bennett stated that there are no large parking areas because each unit has its own two-car garage and driveway area with enough room for two extra cars.

Mr. McDonnell stated that he does not believe that the landscaping requirements of 411.9D are applicable because this is an R-4 district.

Ms. Bennett stated that she agrees.

Mr. Deremer stated that he noticed in the resolution that it talks about a 44-ft. radius for a turn around and asked Ms. Bennett if she considers the driveways to the opposite sides of the building as drives or streets.

Ms. Bennett stated that she refers to them as drives and believes the fire department agrees with this.

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. Deremer closed this appeal to public discussion.

Mr. Deremer stated that he believes Ms. Bennett gave a good presentation.  This is a very well defined parcel and the properties are well placed.  Mr. Deremer stated that they are not trying to squeeze too much on the parcel and the structures are designed to blend in with the newer development behind it.  Mr. Deremer stated that he believes this will be a quality project.

Mr. Werner stated that he agrees with Mr. Deremer.  The project is very well laid out and is a nice design.  Mr. Werner stated that he feels they have met all the criteria and has no problem with this appeal.

Mr. McDonnell stated that he concurs with the remarks that have been made by the other board members.  The only comment that he has, although it was testified that the request of the fire department would be met, he would like to make a condition upon approval that the request of the fire department be met.

Mr. Giulitto stated that he believes it will be a nice development.

The board had no further comments.

Mr. Dodson made a motion to approve appeal #1794 with the condition that the emergency entrance that is required by the Jackson Township Fire Department be met.

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 #1793 – Craig Conley, Attorney, 220 Market Ave. S., Suite 604, Canton, Ohio 44702 agent for Richard Snee, property owner, 5335 Strausser St. NW, North Canton, Ohio 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.  Area zoned R-R.

Mr. Deremer read the file application signed by Craig Conley with reason being as stated by the applicant, “items cited in decision of Township Inspector are not violations of township zoning resolution 303.2A and/or 303.3A”.

The file contained the following:
1) A letter dated 6/14/02 to the Jackson Township Zoning Department from Randy Ruszkowski, Geologist/Sanitarian Environmental Health Department regarding Earth & Wood Products.
2) A letter to Randy Ruszkowski from John Phillippi, Zoning Administrator dated 6/20/02 regarding Earth & Wood Products.
3) A stop order to Craig Snee, President Earth & Wood Products, Inc. from John Phillippi, Zoning Administrator dated 6/21/02 and mailed certified.
4) A letter to John Phillippi, Zoning Administrator from Craig Conley, Attorney, dated 7/5/02 regarding Earth & Wood Products.
5) A letter to Craig Conley, Attorney, from John Phillippi, Zoning Administrator, regarding Earth & Wood Products, Inc. stop order issued 6/21/02.
6) Two pages each consisting of two computerized photos of Earth & Wood’s property.
7) Seven photos taken by John Phillippi, dated 6/20/02.

PLEASE SEE ATTACHED TRANSCRIPT FOR MINUTES OF APPEAL #1793.

With Mr. Conley’s approval Mr. Deremer asked to stop appeal #1793.  Mr. Deremer stated that there is another appeal scheduled and he does not believe they are going to finish appeal #1793 within a decent time to allow the applicant of appeal #1791 to have his appeal heard.  He would like to read appeal #1791 into the record and ask the applicant if he would like to continue appeal #1791 until another date and then proceed again with appeal #1793.

Mr. Conley agreed.

APPEAL #1791 – GBC Design, Inc., 3378 W. Market St., Akron, Ohio 44333 agent for Gordon & Betsy Woolbert, property owner, 4386 Red Fox Drive NW, Massillon, Ohio 44646 requests a variance for a 12 ft. front yard setback where a 40 ft. front yard setback is required in Art. IV Sect. 401.6 of the zoning resolution.  Property located at 5400 S. Island Dr. NW, Sect. 23NW Jackson Twp.  Area zoned R-1.

Mr. Deremer read the file application signed by John Walsh with reasons for the appeal being to keep the distance from the Lake in construction of the new house.

The file contained the following:
1) A site plan of the proposed home by GBC Design, Inc. dated 7/19/02.
2) A tax map of the property in question and surrounding properties.
Mr. Deremer asked who would like to speak in favor of this appeal.

Mr. Deremer swore in John Walsh of GBC Design.

Mr. Deremer stated that the cases are running behind schedule and asked Mr. Walsh if he would like to continue the hearing until the next meeting date and time.

Mr. Walsh asked when is the next hearing.

Mr. Deremer stated that the appeal would be the first one to be heard at the next scheduled meeting which would be August 22, 2002 at 7:00 p.m.

Mr. Walsh stated that this would be fine.

Mr. Deremer made a motion to continue appeal #1791 until August 22, 2002 at 7:00 p.m.

Mr. McDonnell seconded the motion.

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

The board continued with appeal #1793 until approximately 11:15 p.m. at which time Mr. Deremer stated that it appeared that they would not get through the entire appeal so he would like to continue appeal #1793 until a later date.

Mr. Conley agreed.

Mr. Deremer made a motion to continue appeal #1793 until September 12, 2002 at 7:45 p.m.

Mr. McDonnell seconded the motion.

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

Mr. Deremer made a motion to adjourn the meeting.

Mr. McDonnell 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