BOARD OF ZONING APPEALS MEETING

Novembet 29, 2005 – 7:00 p.m.

7134 East Sparrta Ave. S.E.

East Sparta, Ohio

 

 

Members present were Nancy Snyder, Audrey Malavite, Bob Burkhart, Jerry Eibel  and Louis Grooms, presiding.  Others present were Sharon Perrine, Zoning Inspector, Carol Barto, Zoning Secretary and alternate Bob Miller.

 

Mr. Grooms opened the meeting introducing the Board members, Carol read the Introduction of Board of Appeals, followed by Audrey Malavite reading the legal ad as published in The Press News, November 17, 2005.

 

Mr. Grooms asked if Mark Reise was present, or a representative and asked him to state his case.

 

APPEAL #324

 

Mark Riese  of 6520 Valley Dr. S.E., is requesting a variance to construct an accessory building in his front yard with a 18’ front setback variance.  Mr. Reise stated that after much consideration, due to the elevation of the rear of the property, the pie shape of the parcel and his septic system on the other side of the house and rear of the property, this is his only option.  He also stated that there was a gas line easement to the north of the property, so there wouldn’t be any construction in that area.

 

Jerry Eibel asked Mr. Riese for what purpose the building would be used and Mr. Riese replied that he needed a cold storage building to store the antique cars he owned, until he could restore them.

 

Mr. Grooms asked that the adjacent neighbor list be read.  Mr. Hanel and Mr. Moore were the only two present and they stated they had no objection to the construction. 

Audrey Malavite made a motion to grant an approx 18’ front setback variance and a variance for the front yard structure.  Seconded by Nancy Snyder.

 

VOTE:                                     Nancy Snyder, voted to grant the two variances.

 

                                                Audrey Malavite,  voted to grant the two variances.

 

                                                Jerry Eibel, voted to grant the two variances.

 

                                                Bob Burkhart, voted to grant the two variances.

 

                                                Louis Grooms, voted to grant the two variances.

 

 

 

-1-

Vote was unanimous to grant an 18’ setback variance and also a variance to construct an accessory building in the front yard to Mr. Riese.

 

Mr. Grooms instructed Mr. Riese to obtain his Zoning Certificate from the Zoning Inspector and then asked Audrey Malavite to read the legal ad as published in The Press News, November 17, 2005 for the next item of business.

 

Mr. Grooms asked if Robert Myers was present, or a representative and asked him to state his case.

 

 

APPEAL #325

 

Robert Myers of 6615 East Sparta Ave. S.E. is requesting a variance to construct an attached garage to the front of his residence.  Mr. Myers stated that he couldn’t construct the garage on either side of the house because it would be too close to the property lines and the well and septic system are on the opposite side of the proposed garage with most of the septic lines in the rear. 

 

Mr. Grooms asked that the adjacent neighbor list be read.  Barb Messivich, daughter to Emma Brott who lives next door, stated her mother was ill and could not attend the meeting, but her only concern was that they would not construct just a pole barn and leave it unfinished.  Mr. Myers stated that they had a contractor who would be doing the work for them.

 

After Board discussion, Jerry Eibel made a motion to grant the approximate 25’ setback variance.  Seconded by Bob Burkhart.

 

 VOTE:                                    Nancy Snyder, voted to grant the setback variance.

 

                                                Audrey Malavite,  voted to grant the setback variance.

 

                                                Jerry Eibel, voted to grant the setback variance.

 

                                                Bob Burkhart, voted to grant the setback variance.

 

                                                Louis Grooms, voted to grant the setback variance.

 

Vote was unanimous to grant an 25’ setback variance to Mr. Myers.

 

Mr. Grooms instructed Mr. Myers to obtain his Zoning Certificate from the Zoning Inspector and asked if there was any other business.

 

 

 

 

 

 

-2-

OTHER BUSINESS:

 

Zoning Inspector, Sharon Perrine stated that she, Mr. Grooms, and Mrs. Malavite had inspected the pond on the Baum property regarding complaints that it was too close to the road.  Their findings were that the pond is within the 100’ setback, but also noted that it was just 100’ and have instructed the mining company of that fact.

 

Mr. Baum asked the Board for clarification of the location of the dirt mounds and if they are considered part of the 100’ buffer or should be 100’ from property lines, as required next to a residential district.  After considerable discussion and a look at the Appeals reports for ENZ Mining, the Board concluded that the intent was that the dirt mounds were part of the buffer and therefore could be located within the 100’ setback.

 

The Board set a date of December 19, 2005 at 7:30 p.m. to meet with the Township Trustees and legal council to discuss zoning issues.

 

Jerry Eibel made a motion to adjourn the meeting at 8:06 p.m.  Audrey Malavite seconded.

 

Draft of Minutes  - NOT approved: