Jackson Township Board of Zoning Appeals November 15, 2018

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1 Jackson Township Board of Zoning Appeals November 15, 2018 Members Present: Zoning Inspector: Absent Member: Charles Rohr Mr. Vitale Mr. Creighton Patrick Snyder Richard Lutz-Alternate-participated in #2361 Jared Singer-Alternate-participated in #2362 Joni Poindexter Mr. McDonnell 5:30 PM Appeal #2361 Steve Trent, 5310 Manchester Rd, New Franklin, OH agent for Greg & Cathy Watkins, property owner, 235 Oak Dr. NW, North Canton, OH requests a variance for a ft. front yard setback for front porch addition where 25 ft. is required per Art. IV Sect of the zoning resolution. Property located at 235 Oak Dr. NW, Sect. 3NW Jackson Twp. Zoned R-R. Mr. Rohr read the file application and contents of the file into the record. Mr. Rohr swore in those in favor of the appeal. Mr. Greg Watkins, 235 Oak Dr. NW stated he has a front door that is the main entrance to the house. There is a small front porch on the east side and he would like to have one over the main door into the house to keep the weather off people on the porch and any packages that may be delivered. Mr. Vitale asked if they plan to update the outside of the house. Mr. Watkins stated they are going to reside the house. Mr. Vitale asked if the setback is from the stoop to the street. Mr. Watkins stated yes it is from the over hang to the street. Mr. Vitale stated it appears it is to the stoop and the overhang is one foot further out. Mr. Watkins stated there is a slab of concrete and there will not be a porch floor. They just want to put a roof on it with some supports. Mr. Rohr swore in Steve Trend, 5310 Manchester Rd. New Franklin, Ohio. Mr. Trent stated the is to the actual stoop and the overhang would stick out a little further. Mr. Rohr stated in looking at the floor plan it appears the porch does not stick out as far as the existing garage but will be closer due to the angle of the road. Mr. Watkins stated that is correct. Mr. Lutz stated with the existing house being non-conforming does the variance bring the house into conformance. Ms. Poindexter stated it is stated that the variance is for a porch addition. Page 1 of 6

2 Tim Kraft, 60 Willowdale NW. Greg s house is not the closest one to the road so it would not be out of the ordinary for Willowdale. This has to be approved by Willowdale and he does not believe the Willowdale Lake board will deny the request. No one else in the audience spoke in favor of or in opposition to the appeal. Mr. Rohr closed the appeal to public input. Mr. Vitale stated in looking at the property he does not have a problem with the variance and it does stick out of line. The other overhang is equal to the request so he doesn t see that it is a big deal for Willowdale Lake. There are other homes that are closer. He has no problem with the request. Mr. Rohr stated he agrees with Mr. Vitale because it is in Willowdale and is strickly for the porch. He has no problem with the request. Mr. Creighton made a motion to approve appeal #2361 as requested. Mr. Lutz seconded the motion. The vote was: Mr Lutz-yes, Mr. Creighton-yes, Mr. Snyder-yes, Mr. Vitale-yes, and Mr. Rohr-yes. 5:15 PM Appeal #2362 James Seran, 915 High Ave. NW, Canton, OH agent for Chris Maggiore, property owner, 6339 Promler NW, North Canton, OH requests a variance for an 8.2 ft. west (rear) yard setback for principal building where 25 ft. is required per Art. IV Sect of the zoning resolution. Property located at 6339 Promler, Sect. 13NE Jackson Twp. Zoned I-1. Mr. Rohr read the file application and contents of the file into the record. Mr. Rohr swore in those in favor of the appeal. Mr. James Seran, 915 High Ave. NW, Canton, Ohio stated they want to add onto the Powerhouse Gym. They have about 3,000 members but they all don t come at one time but they do get a full house. They would like to have an addition to add additional machines to the building. They are currently open 24 hours and day Monday Friday to help people to be able to use it and are open about 12 hours every Saturday and Sunday. The building is sprinkled as well as the addition would be sprinkled. There is no other place to put the addition. The parking lot holds 190 cars and they didn t want to encroach into the parking area. They are currently at the permitted side yard setbacks. Levin furniture received a variance for a 2.5 ft. rear yard setback. The highway is about 100 ft. away and he doesn t believe the highway will come any closer to the property line. Ms. Poindexter explained the variance that Levin furniture received. Mr. Seran stated they will maintain about 5 ft. of a walkway and there will be a retaining wall, which is a step wall near the fence at the rear of the property. Drains would be put it to take care of the water. They will be 3 ft. away from the fence that runs along the property. Mr. Vitale asked if the wall will be fully grounted to hold the earth. Page 2 of 6

3 Mr. Seran stated yes. There is a 14 ft. high wall at Sippo Lake and it would be the same type of wall that will be fully reinforced. Mr. Vitale stated it seems practical to put the addition on the east side. Mr. Seran stated he would lose parking spaces and the way the building is laid out would not work. Mr. Seran stated it would be possible to put the addition on the east side but it is not practical due to the layout of the building.. Mr. Vitale stated he is asking because they have to find a practical difficulty to allow for the variance. Mr. Seran stated he would also lose part of a second row of parking. He originally asked thought they could tie two buildings together but that can t be done. Mr. Vitale state it seems like 30 parkign spaces would be lost. Mr. Seran stated yes. Mr. Creighton asked what is on the west side of the facility. Mr. Seran stated the area is separated with nursery, jazerize and other weight areas for men and women. Mr. Patrick asked the addition dimensions. Mr. Seran stated it is 30 x 175. Mr. Seran presented exhibit #1 that shows the dimensions of the addition. The purpose of the addition is for additional weight lifting. Mr. Singer stated how they will meet parking. Ms. Poindexter stated before a permit is issued the required number of parking spaces will have to met. No one else in the audience spoke in favor of the appeal and no one spoke in opposition to the appeal. Mr. Snyder stated it seems like Levin set a presendance by being so close to the setback and there are no safety issues. There is no neighbor being affected and he has no problem with the variance. Mr. Creighton agreed with Mr. Snyder. Mr. Vitale stated he struggles with the variance. It is close to the highway and he understand Levin got a variance. This is a glimmer of practical difficulty because parking would be lost and then the number of spaces couldn t be met. Mr. Singer stated he agrees with Mr. Snyder and Mr. Creighton and think Levin s did set a presendance. He has no issue with the variance. Mr. Rohr stated he struggles with this also but Levin has set a presendance and sees the practical difficulty. Page 3 of 6

4 Mr. Vitale made a motion to approve appeal #2362 as requested as long as the building stays within the required side yard setback and does not exceed the 175 ft. Mr. Snyder seconded the motion. The vote was: Mr. Singer-yes, Mr. Creighton-yes, Mr. Snyder-yes, Mr. Vitale-No, and Mr. Rohr-yes. Mr. Rorh made a motion to approve the meeting minutes from the September 13, 2018 meeting. Mr. Snyder seconded the motion. The vote was: Mr. Singer-yes, Mr. Lutz-yes, Mr. Snyder-yes, and Mr.. Rohr-yes. Mr. Rohr made a motion to approve the meeting minutes from the October 11, 2018 meeting. Mr. Creighton seconded the motion. The vote was: Mr. Singer-yes, Mr. Creighton-yes, Mr. Vitale-yes, and Mr. Rohr-yes. Mr. Rohr adjournded the meeting. Respectfully submitted, Joni Poindexter Zoning Inspector Page 4 of 6

5 JACKSON TOWNSHIP BOARD OF ZONING APPEALS CONCLUSIONS OF FACT APPEAL #2361 Upon the hearing the Board determined that the variance would allow for a ft. front yard setback for front porch addition to the principal dwelling where 25 ft. is required per Art. IV Sect of the zoning resolution. Property located at 235 Oak Dr. NW. Whereas, upon the Board determined: Practical difficulty with the current location of the house. The covered porch will be no closer than the existing structure or other homes in the surrounding area. Whereas, the Board further: Denied Approved X Conditions, if applicable, or modification: Mr. Creighton Mr. Lutz The vote was: made a motion to approve the variance. seconded the motion. Mr. Rohr- Yes Mr. Vitale- Yes Mr. Creighton- Yes Mr. Snyder- Yes Mr. Lutz- Yes Vice Chairman Zoning Inspector, Joni Poindexter Page 5 of 6

6 JACKSON TOWNSHIP BOARD OF ZONING APPEALS CONCLUSIONS OF FACT APPEAL #2362 Upon the hearing the Board determined that the variance would allow for an 8.2 ft. rear (west) year setback for principal building where 25 ft. is required per Art. IV Sect of the zoning resolution. Property located at 6339 Promler NW. Whereas, upon the Board determined: That the addition will be far from the actual road of I-77. A varaiance was granted in 2007 for the Levin Furniture building to be 2.5 ft. from the rear property line. Will not negitivaely affect the adjoinig properties. Whereas, the Board further: Denied Approved x Conditions, if applicable, or modification: side yard setbacks. Condition that the new structure will meet the required Mr. Vitale made a motion to approve the variance with the condition that the new structure will meet the required side yard setbacks. Mr. Snyder The vote was: seconded the motion. Mr. Rohr- Yes Mr. Vitale- No Mr. Creighton- Yes Mr. Snyder- Yes Mr. Singer- Yes Vice Chairman Zoning Inspector, Joni Poindexter Page 6 of 6

JACKSON TOWNSHIP BOARD OF ZONING APPEALS Thursday September 27, 2012

JACKSON TOWNSHIP BOARD OF ZONING APPEALS Thursday September 27, 2012 Members present: Edward McDonnell Ted Deremer Leon Vitale Phillip Kirkbride Gary Zillich Daniel Creighton-Alternate 5:30 pm Appeal #2233