PIKE TOWNSHIP BOARD OF ZONING APPEALS

April 17, 2007 - 7:00 p.m.

7134 East Sparta Ave. S.E., East Sparta, Ohio

 

 

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

 

Mr. Burkhart opened the meeting introducing the Board at 7:00 p.m.  Audrey Malavite read the legal ad as published in The Press News. 

 

 

APPEAL #290

 

The BZA requested Mr. Findlay appear before the Board and explain why he had not complied with the conditions of the 15 month variance of 8/28/2001 and subsequent extension of 8/3/2004, of one year, to reside in old residence while new house was being built.  Two residences on one parcel are not permitted by the Pike Township Zoning Resolution.  It appeared to the Board that Mr. Findlay was still living in the old house and the new house was not completed per agreement.

 

Mr. Burkhart asked Mr. Findlay to explain his situation.  Mr. Findlay showed the Board photos of his progress on the inside of the house and explained that he was building as he could afford to do so.   Mr. Burkhart explained that the Board had already been very lenient and asked him how long it would take him to move and tear down the old house.

Mr. Findlay stated he wasn’t sure.  Mr. Burkhart pressed him for a time frame.  Jerry Eibel also questioned him about how much time he needed.  Nancy Snyder asked about heating and/or cooling in the new house.  Mr. Findlay replied that he couldn’t complete the new house until the old house was torn down.  Mr. Burkhart again asked him how long?

 

After Board discussion, Mr. Eibel asked Mr. Findlay if he could complete the demolition within 90 or 120 days.  Mr. Findlay agreed to have the old house down and cleaned up within 90 days. 

 

Mr. Burkhart asked Zoning Inspector, Sharon Perrine “what course of action they could take if Mr. Findlay did not comply within the time period agreed upon.  Ms. Perrine explained that the Township Trustees would declare the house a nuisance, tear it down and charge Mr. Findlay for the demolition on his taxes.  Mr. Burkhart explained to Mr. Findlay that after August 31, 2007, if the demolition was not completed, the Board would pursue legal action against him.

 

Jerry Eibel made a motion to grant Mr. Findlay an approximate three month extension with the conditional he had, at least begun to demolish the old house by August 1, 2007 and have completed demolition by August 31, 2007.  Seconded by Audrey Malavite.

 

 

 

VOTE:                                   Nancy Snyder, in favor of granting additional extension.

 

                                                Audrey Malavite, in favor of granting additional extension.

 

                                                Louis Grooms, in favor of granting additional extension.

 

                                                Jerry Eibel, in favor of granting additional extension.

 

                                                Bob Burkhart, in favor of granting additional extension.

 

 

The vote was unanimous to grant an approximate 3-month extension until August 31, 2007 and then, if not completed, the Board would pursue legal action against Mr. Findlay.

 

 

APPEAL #203

 

The BZA requested Mr. Heade appear before the Board regarding his home occupation permit which was issued 9/7/1988 with conditions covered in Section 3, Title 1, Para. F, (1), (2), (3) of the Pike Township Zoning Resolution dated 9/23/1976.

 

Mr. Burkhart asked Mr. Heade what type of business he was engaged in.  Mr. Heade said he didn’t have a business but the home occupation was for auto repairs.  He stated that the Zoning Inspector, Sharon and Trustee, Strad were lying.  They came on his property without his permission and that he only had one auto on the property and it was an antigue Cadillac that he was working on and is licensed and runs.  He also stated that Ms. Perrine told the Health Department, (Debbie Moore) that he didn’t have a trash service and that he was burning trash.  None of which was true.

 

Mr. Burkhart asked Ms. Perrine to explain.  Sharon explained that Lee Strad and her had been at the neighbor’s because they had complaints about a property that was vacant and in a realtor’s hands and there was some junk and they were also checking out storm damage.  Someone came out of Mr. Heade’s house, and Ms. Perrine asked him if they could check out Mr. Heade’s property, to see if he had cleaned up the trash that she had previously sent him a letter about.  The gentleman said it was okay.  They did not know that he wasn’t the property owner.

 

Mrs. Malavite excused herself from the Board, stating that she had known Ms. Perrine a long time and knew her to be truthful and the property across the street from Mr. Heade belonged to her son.  Barbara Harding replaced Mrs. Malavite on the Board.  Mrs. Harding was familiar with the testimony and proceedings.

 

Mr. Eibel asked Mr. Heade why he wouldn’t allow Township personnel on his property to inspect if he had nothing to hide.  Mr. Heade’s reply was they had lied to him.  Mr. Burkhart asked him if a member of the Board or another Trustee would be permitted to inspect his property.  His reply was “no”.   Trustee, Doug Baum was present and stated that at the January 16th Trustees meeting Mr. Heade, in public speaks session, stated that Ms. Perrine and Lee Strad were not permitted on his property.  Mr. Baum asked Mr. Heade if Attorney Hall and himself could inspect the property within a month, to which he replied they would be permitted.  Due to bad weather, two months went by and when Mr. Baum called Mr. Heade to request permission for Mr. Hall and himself to inspect the property, Mr. Heade stated he didn’t want any Township people on his property.

 

It was noted that, the Fire Safety & Prevention Officer, Arnold Adams was told, by Mr. Heade that he was not operating a business and there was no reason for Mr. Adams to inspect the property.

 

Mr. Burkhart and Ms. Perrine explained to Mr. Heade, that if he gave up his home occupation that, under current rules, he could not get it back, automotive repairs were not permitted in a Residential District (R-1).    If Mr. Heade wanted to keep the home occupancy, his property would have to be inspected periodically.  Mr. Heade stated that, if he had to be inspected, then he didn’t want the home occupancy permit.

 

Barbara Harding made a motion to deny/revoke Mr. Heade a home occupancy certificate to operate an automotive repair shop.  Seconded by Nancy Snyder.

 

VOTE:                                   Nancy Snyder, in favor of denying home occupancy                                                   certificate.

 

                                                Barbara Harding, in favor of denying home occupancy                                                           certificate.

 

                                                Louis Grooms, in favor of denying home occupancy                                                   certificate.

 

                                                Jerry Eibel, in favor of denying home occupancy                                                                    certificate.

 

                       

                                                Bob Burkhart, in favor of denying home occupancy                                                                certificate.

                       

Vote was unanimous to deny John Heade, Jr. a home occupancy certificate to operate an automotive repair shop in his residence at 6816 Ridge Ave. S.E.

 

 

OTHER BUSINESS:

 

Ms. Perrine wanted to remind everyone about the May 1st Informational Meeting with the City of Canton, concerning their property at 7:00 p.m. at the Township Hall.

 

Louis Grooms made a motion to adjourn the meeting at 7:50 p.m.  Seconded by Jerry Eibel.