Members present:
Ted Deremer
Edward McDonnell
Richard Dodson
Jim Giulitto
John Juergensen
Eric Oldroyd
Zoning Inspector:
Joni Poindexter
Zoning Data Coordinator:
Andrea Paumier
APPEAL #2103 Leon & Melissa Vitale, 5438 West Blvd. NW, Canton, OH 44718, property owners, requests a variance for an attached two car garage addition, 17 ft. from yard setback where 40 ft. is required & a 3 ft. south side yard setback where 10 ft. is required per Art. IV, Sect. 401.6 of the zoning resolution. Property located at: 5438 West Blvd. NW, Sect. 23NW, Jackson Twp., area zoned R-1.
Mr. Deremer read the file application and the contents of the file.
Mr. Deremer swore in Leon Vitale, 5438 West Blvd., NW, Canton, OH 44718.
Mr. Vitale stated that he would like to build a two car garage to the front of the house. The house is actually built 5 ft. off of the property line now, in Lake Cable that seems to be pretty common. Mr. Vitale stated that he is asking for a 2 ft. variance to the south and quit a bit on the front. Mr. Vitale stated that they own three vehicles, and currently there is a small two car garage located on the property. Mr. Vitale stated that their old home had a large three car plus addition storage. Mr. Vitale stated that East Ohio wont let him built towards the north, he is currently 18 ft. from their transmission line, which the home was actually supposed to be 30 ft. the line.
Mr. Deremer asked if the line runs east and west.
Mr. Vitale stated that is correct.
Mr. Deremer asked if the garage would match the existing house.
Mr. Vitale stated that is correct.
Mr. Vitale stated that he understands that they are asking for the garage to be close to the street, but if the Board is familiar with West Blvd., the house sits just down below the guard rail.
Mr. Juergensen asked if there is currently a garage located on the property.
Mr. Vitale stated yes, its a two car, small garage now.
Mr. Juergensen asked if Mr. Vitale will continue to use the existing garage as a garage or turn it into a different room.
Mr. Vitale stated that he would like to use one stall as a garage and turn the other stall into a bedroom.
Mr. Juergensen stated that the addition would be a three car garage then.
Mr. Vitale stated no, the addition would just be a two car garage the third stall would be from the existing garage.
Mr. Juergensen asked if Mr. Vitale knew how far the house sits from the side line at its widest.
Mr. Vitale asked if he was speaking of the south side.
Mr. Juergensen stated that is correct, the south east corner of the house.
Mr. Vitale stated that the south west corner is 5 ft. and the south east corner is roughly 8 ft.
Mr. Juergensen asked how far the current garage sits from the street.
Mr. Vitale stated 40 ft.
Mr. Dodson asked Mr. Vitale if there were a way to build this garage so he can maintain the side setback.
Mr. Vitale stated that he has two choices, either he has to reduce the size of the inside of the garage or run it parallel to the property line instead of parallel to the house.
Mr. Dodson stated that he lives on East Blvd., and the allotment there has 5 ft. side setback and the Board of Trustees for Lake Cable has told the Board that they dont mind a variance but they want to leave at least 10 ft. between structures to allow people to get their boats to the lake.
Mr. Vitale stated that they would have the whole north side of his home to get down to the lake.
Mr. Dodson stated that even if the Board would allow 3 ft., that the home owner may get in trouble from the Lake Cable Trustees.
Mr. Vitale stated that he would be able to check with Tom over at the Club house. Mr. Vitale stated that he was notified of this and he hasnt heard from him so he assumed that the association had nothing to say about it.
Mr. Deremer stated that the addition Mr. Vitale has shown is a two car garage but have it as a 25 X 25 ft.
Mr. Vitale stated that is correct, it is an over sized garage, so he can gain some storage space.
Mr. McDonnell asked if not for the East Ohio Gas line, if he were to construct the garage on the other side of the house, the north side, next to the other garage, could this same size garage be placed there without needing a variance.
Mr. Vitale stated yes.
Mr. McDonnell asked if Mr. Vitale if he knows how far the north side of the house sits from the north property line.
Mr. Vitale stated about 30 to 35 ft. Mr. Vitale stated that the gas line is 18.6 ft. from the corner of the garage.
Ms. Poindexter stated that Mr. Vitale is required to have a 10 ft. side setback because he has more than 60 ft. of street frontage.
Mr. Deremer asked Mr. Vitale if he would need both variances, if this would be a deal breaker.
Mr. Vitale stated that it would be nice to get both variances, if the variances he is asking for arent approved he would have to go back out and lay the garage out in the driveway to make sure he would be able to get in and out of the garage. Mr. Vitale stated that is part of the problem now, the further he comes out to the north the smaller it makes that gap to get in.
Mr. Deremer asked if he would be able to live with a different side setback besides the 3 ft.
Mr. Vitale stated that the only way is to shrink the depth of the garage.
Mr. Deremer stated that the Board can vote on this Appeal as presented or separate the two variances.
Mr. Vitale stated that he would rather present the Appeal the way it is.
Mr. McDonnell stated that if the Board would grant the 3 ft. side yard setback, that does not supersede the deed restriction, just so Mr. Vitale is aware.
Mr. Vitale stated that he understands.
No one else in the audience wanted to speak in favor of or opposition to this appeal.
Mr. Deremer closed this appeal to public input.
Mr. Dodson stated that the Board should separate the two variances.
Mr. Deremer agreed.
Mr. Deremer stated that the first variance being voted on this evening will be the 17 ft. front yard setback where 40 ft. is required.
Mr. Dodson stated that he doesnt have a problem with this variance; the practical difficulty is due to the gas line.
Mr. Juergensen stated that the only concern he has is if the variance requested is as minimum as it could be.
Mr. McDonnell concurred with Mr. Dodson that the gas line demonstrates a practical difficulty, but the addition could be built on the property without a variance, so the applicant is not trying to over build the property. Mr. McDonnell stated that the lot is also irregularly shaped.
Mr. Deremer concurred with Mr. Dodson and Mr. McDonnell.
Mr. Dodson made a motion to approve Appeal #2103(A), a 17 ft. front yard setback where 40 ft. is required, be approved as requested.
Mr. McDonnell seconded the motion.
The vote was: Mr. Juergensen Yes, Mr. Giulitto Yes, Mr. Dodson Yes, Mr. McDonnell Yes & Mr. Deremer Yes.
Mr. Deremer asked for the Boards comments on Appeal #2103(B).
Mr. Dodson stated that a 3 ft. side yard setback is a major setback variance even for this area and the Lake Cable has specifically requested that this Board that 10 ft. is needed between structures.
Mr. McDonnell stated that Mr. Dodson presented a good point. Historically in Lake Cable, the Board has set a minimum side setback of 5 ft anything greater than 5 ft. is a significant variance and he doesnt think the applicant has shown a significant reason or a significant practical difficulty to justify going beyond the 5 ft.
Mr. Giulitto made a motion to approve Appeal #2103(B), a 3 ft. side yard setback where 10 ft. is required, be approved as requested.
Mr. Juergensen seconded the motion.
The vote was: Mr. Juergensen No, Mr. Giulitto No, Mr. Dodson No, Mr. McDonnell No, & Mr. Deremer No.
APPEAL #2104 William Lemmon, 1201 S. Main St. N. Canton, OH 44720, agent for property owner, McKinley Development Co., 1201 S. Main St. NW, N. Canton, OH 44720 requests a revision of a previously approved conditional use permit, Appeal #2088, approved 9/27/07, for congregate, independent, assisted living and child day care facility where required per Art. VIII, Sect. 802.9 of the zoning resolution. Property location: parcel #1702424 on the east side of Woodlawn, 22NW, Jackson Twp., area zoned R-R & R-1A.
Mr. Deremer read the file application and the contents of the file.
Mr. Deremer stated that there is a letter dated February 13, 2008 from McKinley Development; to request a continuance of Appeal #2104.
Mr. Deremer stated that there is an open date on February 28, 2008 at 7:30PM. Mr. Deremer made a motion to approve the request to continue Appeal #2104 until February 28, 2008 at 7:30PM.
Mr. McDonnell seconded the motion.
The vote was: Mr. Juergensen Yes, Mr. Giulitto Yes, Mr. Dodson Yes, Mr. McDonnell Yes & Mr. Deremer Yes.
APPEAL #2105 Ronald Gajoch, 545 Metro Place South, STE 400, Dublin, OH 43017, agent for property owner, Nobles Pond Rehabilitation & Nursing Care, Inc., 7006 Fulton Dr., NW, Canton, OH 44708, requests a revision to a previously approved CUP #337, Appeal #1861, approved 7/24/07 as required per Art. VIII, Sect. 802.9 of the zoning resolution. Adding a Physical Therapy room and parking to the existing facility. Property located at: 7006 Fulton Dr. Sect. 22NW, Jackson Twp., area zoned R-R & R-1A.
Mr. McDonnell recused himself from Appeal #2105.
Mr. Deremer read the file application and the contents of the file.
Mr. Deremer made a motion to incorporate the previously approved Appeal #1861.
Mr. Giulitto seconded the motion.
The vote was: Mr. Oldroyd Yes, Mr. Juergensen Yes, Mr. Giulitto Yes, Mr. Dodson Yes, & Mr. Deremer Yes.
Mr. Deremer swore in Ronald Gajoch, 545 Metro Place, Dublin, OH 43017.
Mr. Gajoch stated that the health care provider, Aultercare and the insurance companies are really seeing benefits from physical therapy, long term benefits it helps people heal, keeps the recovery rate at a more rapid pace than additional problems. Mr. Gajoch stated that they have a small physical therapy that they are going to use as an occupational therapy room. This would be used by the residents of the facility, there will be no outside patients and they are not adding anymore beds. Mr. Gajoch stated that the intend was to possibility add beds in the future but due to the emphasis on physical therapy, they want it to be a physical therapy building.
Mr. Giulitto asked if physical therapy is being provided on the site currently.
Mr. Gajoch stated yes but it is somewhat limited due to the size of the current room.
Mr. Giulitto asked where the physical therapy is being preformed on the property.
Mr. Gajoch approached the bench and showed the Board where it is located; just north of the proposed physical therapy building.
Mr. Deremer conformed what they call the central core.
Mr. Gajoch stated that is correct.
Mr. Deremer asked if there is still the potential to add more beds.
Mr. Gajoch stated that is usually based upon certificate of need and those are hard to come by, they have no plans on adding more beds. This physical therapy building is to support the existing residents there.
Mr. Oldroyd asked if the physical therapy would be just for onsite residents.
Mr. Gajoch stated that is correct, this is inpatient therapy not outpatient.
Mr. Oldroyd stated this is only for the residents.
Mr. Gajoch stated that is correct.
Mr. Giulitto asked what the dimensions are of the proposed building.
Mr. Gajoch stated its 50 x 50 ft.
Mr. Giulitto asked what the workable space would be of the proposed building.
Mr. Gajoch stated that it would be almost the entire space. There is a charting area for the therapist in the corner, there will be a speech therapy room and a small mechanical room and a restroom.
Mr. Deremer stated that as far as setbacks, the building isnt encroaching on any property lines.
Mr. Gajoch stated that is correct.
Mr. Deremer asked about any additional parking.
Mr. Gajoch stated that they meet the parking criteria but when it hits the peak holiday season, visitors are parking in the grass and other areas, since we needed to come before the Board for the CUP, we decided to capture as many parking spaces as they can.
Mr. Deremer asked how many parking spaces will be added.
Mr. Gajoch stated that they are adding 15 spaces on the south side.
Mr. Deremer read the criteria for a CUP, and stated that a simple yes or no answer is sufficient.
Section 431.2 General Criteria
A. Will not be detrimental to property values in the immediate vicinity.
Mr. Gajoch stated that is correct.
B. Will not restrict or adversely affect the existing use of the adjacent property owners.
Mr. Gajoch stated that is correct.
C. Will be designed and constructed so that all access drives, access points to public streets, driveways, parking and service areas shall meet the approval of the Township Trustees, or county or state agencies where applicable.
Mr. Gajoch stated that the existing driveways and services areas will not be changed.
D. Will meet the requirements of EPA for storm water runoff, when applicable.
Mr. Gajoch stated that is correct.
E. Will be properly landscaped according to Section 411.9 where applicable pursuant to Chapter 411 or when specified as condition for approval.
Mr. Gajoch stated that is correct.
F. Will be maintained in a neat, orderly and safe condition.
Mr. Gajoch stated that is correct.
Section 431.2(C) Specific Development Standards
1. The Board of Zoning Appeals may limit the hours of operation to ensure that the conditional sue is compatible with the surrounding uses.
Mr. Gajoch stated that in the health care environment it has to be a 24 hour establishment.
2. For parcels of one or more acres, all
points of vehicular entrance or exit shall be located no closer than:
a. 100 ft. from the intersection of two
arterial streets or
b. 50 ft. from the intersection of an
arterial street and a local or collector street.
Mr. Gajoch stated it currently complies and will not change.
3. No lighting shall constitute a nuisance and in no way shall impair safe movement of traffic on any street or highway. All outside lighting shall be shielded from adjacent properties.
Mr. Gajoch stated yes, the only lighting will be decorative next to the egress.
4. Floodlights, searchlights, loudspeakers or similar structures shall not be erected or used in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property.
Mr. Gajoch stated that is correct.
5. All trash receptacles shall be adequately screened.
Mr. Gajoch stated that is correct.
6. Grading and surfacing drainage provisions shall be prepared by a registered engineer and reviewed or approved by the Stark County Subdivision Engineer, where applicable.
Mr. Gajoch stated that is correct.
Section 431.2(H) Congregate Living Facility
1. The following type of residential facilities
may be included within the Congregate Living Facility and must have common
social, recreational, dining and food preparation facilities:
a. Independent living with congregate
dining facilities,
b. Congregate living,
c. Assisted living,
d. Nursing home.
Mr. Gajoch stated that is correct.
2. Such uses should not be located on a local residential street.
Mr. Gajoch stated that it is not on a residential street.
3. The development plan shall indicate the parking and emergency entrances or exists and other safety precautions.
Mr. Gajoch stated that they will comply.
4. The maximum height of the building shall be one story, not to exceed 20 ft., in the R-R, R-1 and R-1A district.
Mr. Gajoch stated that they comply.
5. Screening with a minimum of 10 ft. shall be provided around the perimeter of the property where it abuts an R-R, R-1 or R-1A district.
Mr. Gajoch stated that they comply.
No one else in the audience spoke in favor of or opposition of this appeal.
Mr. Deremer closed this appeal to public input.
Mr. Giulitto stated that this is an addition for the residences, the building is tucked in, not out of sight because it is a decent sized addition, they will be maintained the structure of the rest of the facility. Mr. Giulitto stated that he does not have a problem, beneficial to the residents.
Mr. Dodson stated that the criteria is been met and that he concurred with Mr. Giulitto.
Mr. Juergensen made a motion to approve appeal #2105 as requested.
Mr. Dodson seconded the motion.
The vote was: Mr. Oldroyd Yes, Mr. Juergensen Yes, Mr. Giulitto Yes, Mr. Dodson Yes, and Mr. Deremer Yes.
Mr. Deremer asked if the Board had any comments on the November 8, 2007 meeting minutes.
Mr. Juergensen made a motion to accept the November 8, 2007 minutes as submitted.
Mr. Giulitto seconded the motion.
All were in favor.
Mr. Deremer asked if the Board had any comments on the December 13, 2007 meeting minutes.
Mr. McDonnell submitted to Ms. Paumier the necessary corrections made to the minutes.
Mr. Juergensen made a motion to accept the December 13, 2007 minutes as amended.
Mr. McDonnell seconded the motion.
All were in favor.
Mr. Juergensen made a motion to adjourn the meeting.
Mr. Dodson seconded.
All were in favor.
Respectfully submitted,
Andrea Paumier
Zoning Data Coordinator