PLAIN TOWNSHIP BOARD OF ZONING APPEALS MINUTES OF REGULAR MEETING DECEMBER 3, 2014 The meeting was called to order at 6:00pm by Chairman Jeff Sutton, with Bob Soles, Jim McVay, Dimitrios Pousoulides, Rick Beck, Stephanie Metzger and Denny Fulk present. (Mr. Reichel was absent) Mr. Sutton waived introducing the board members and reading the statement of duties. Mr. Soles made a motion to approve the minutes of September 3, 2014. Mr. McVay seconded the motion. Vote: Mr. McVay YES Mr. Beck YES Mr. Pousoulides YES Mr. Soles YES Mr. Sutton - ABSTAIN Mr. Sutton read the fire department comments into the record and administered the oath to the audience. The following appeals were heard: APPEAL #1234-14 Applicant/Ken Lowmiller, 909 30 th Street NE, Canton, OH 44714 & Owner/Realty Associates of Canton, Inc, 5396 Columbus Road NE, Louisville, Ohio 44641; Requests the following to construct a 16 ft. x 62 ft. (992 sq. ft.) commercial addition on the property located at Kraus s Pizza - 909 30 th Street NE, Parcel #52-01851: 6.4 foot East Side Yard Setback Variance (25 ft required 18.6 ft requested). Article VII, Section 712.3 & 712.4, Lot Requirements & Yard Requirements The property is zoned B-1, Neighborhood Business District and is located in the Southeast Quarter of Section 27. Mr. Tom Hartnett, 5725 Great Court Circle NW, stated that he is the attorney for the owners of Kraus s pizza. He submitted a packet to the Board members (Exhibit #1) and went over the before photos and after photos with them. Currently the property has a shed and fencing around the patio. His clients will be removing that and putting a permanent addition with a roof in its place. The setback requirement is 25 feet and the addition will be 18.6 feet from the property line. Their request is approximately 25% of the requirement. This is not a substantial variance and it will not negatively affect the neighbors. Their practical difficulty is they have a patio there now, all they want to do is add a roof and make the patio the same size and it will look very nice.
Mr. James Abraham, 4771 12 th Street SW, stated that he is part owner of Kraus s. He said that Kraus s is a family oriented business with a family atmosphere that provides carry out and sit down service. They would like to add the covered patio addition to accommodate more seating for families to utilize. They are open until midnight and are not a night club/bar like the neighboring businesses. They will not have any bands or outside entertainment. He purchased the business in October 2013 and was not aware that the existing patio did not meet setback requirements. The new addition will be insulated for noise and heat and will have roll-up doors on the East side and South side. There was one person to speak in favor of the appeal. Mr. Lou Giavasis, 6625 Olde Stone Circle NE, stated that he is a Plain Township Trustee and he was asked to speak on behalf of Kraus s. They are an asset to the community and provide a lot of food to community team events. They have a family atmosphere and they do not create noise or trash. The new design will improve the building and neighborhood and he sees no reason why this appeal shouldn t be granted. There were two people to speak against the appeal. Mr. Steve Hatzarides, 3105 Martindale Road NE, stated that he owns two parcels behind Kraus s. He handed out a copy of the Plain Township Newsletter (Exhibit #2) and asked if they received a copy of the neighbor s signature (Exhibit #3). He is concerned about the fence and grass obstructing the view now and if the Board allows the addition, that will also cause a site problem. A bar expansion will not enhance the neighborhood. Currently he has to deal with shootings, loud music, trash, public urination, sexual activity, break ins, etc. He doesn t see a reason to add an addition for one or two nights of needing it. This appeal was denied the first time and it should be denied again. Mr. Mike Hamilton, 3110 Martindale Road NE, stated that he has a 6 year old son and he hears music from the other 2 business in the summer. With the new patio addition having roll-up doors he doesn t want to have to hear music from a third place. He lives in a family neighborhood and yes the expansion will make Kraus s look better, but at what expense. Mr. Soles asked Mr. Hatzarides to explain the site distance issue. Mr. Hatzarides said that the landscaping, fence, ornamental grass and patio fence all cause a site obstruction now. Mr. Pousoulides said if you are pulling out of the plaza onto Martindale you might see the ornamental grass, but Kraus s is behind you and won t cause a site problem.
Mr. Hatzarides said the split rail fence will cause a problem. Mr. Pousoulides said that the grass and split rail fence are not a part of this appeal. Mr. Soles said there will not be a site limitation because he is not changing the location of the fence that is currently around the patio. Mr. McVay said that the split rail fence and ornamental grass might not even belong to Kraus s Pizza, it may belong to the plaza. Mr. Hatzarides said it was there in April 2008 when he bought the house. Motion by Mr. Pousoulides WHEREAS, Applicant/Ken Lowmiller, 909 30 th Street NE, Canton, Ohio 44714 & Owner/Realty Associates of Canton, Inc, 5396 Columbus Road NE, Louisville, Ohio 44641; Requests the following to construct a 16 ft. x 62 ft. (992 sq. ft.) commercial addition on the property located at Kraus s Pizza - 909 30 th Street NE, Parcel #52-01851: 6.4 foot East Side Yard Setback Variance (25 ft required 18.6 ft requested). WHEREAS, the applicant(s) or representative(s) have appeared in person before this Board at an adjudication hearing on said application and the Plain Township Board of Zoning Appeals has duly considered this application pursuant to Ohio Revised Code 519.14; and NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Plain Township Board of Zoning Appeals to: X grant the following: 6.4 foot East Side Yard Setback Variance (25 ft required 18.6 ft requested). Seconded by Mr. McVay DISCUSSION: Mr. Pousoulides said the applicant has shown practical difficulty and this will not be a detriment to the neighborhood. Vote: Mr. McVay-YES Mr. Beck-YES Mr. Pousoulides-YES Mr. Soles-YES Mr. Sutton-YES Appeal #1234-14 is therefore APPROVED.
APPEAL #1235-14 Applicant/Michael D. Miller, 4015 Hills & Dales Road NW, Canton, OH 44708 & Owner/Nancy J. Miller Trustee, 4015 Hills & Dales Road NW, Canton, OH 44708; Requests the following to construct a 43 ft. x 32 ft. (1,130 sq. ft.) commercial addition on the property located at 2136 Columbus Road NE, Parcel #52-07941: 19ft. 11in. South Rear Yard Setback Variance (25ft. required 5ft. 1in. requested) Article VII, Section 713.3 & 713.4, Lot Requirements & Yard Requirements The property is zoned B-2, General Business District and is located in the Southwest Quarter of Section 26. Mr. Bryan Ashman, 1884 Summerchase Road NE, stated that he is an Engineer with Cooper & Associates. He submitted an aerial photo of the existing building (Exhibit #1). He would like to ask the Board to make a modification to their request tonight. Currently they asked for a 5 ft. 1in. setback, they would like to ask for a 5 ft. setback. The existing building is an older building that does not currently conform to zoning setback requirements. The neighboring properties are all commercial and they also do not conform with setback requirements. The owner would like to add an addition onto the south side of the building which will not negatively impact the area. There were two people to speak in favor of the appeal. Mr. Michael Miller, 4015 Hills and Dales Road NW, stated that he and his wife own the building. They have had wonderful tenants for the past 10 years, Auto Sports Plus. Their tenant has outgrown the current building and will have to move out if the variance is not granted. The addition will make the building look better. He has approached the plaza owner about purchasing the plaza and making it all one parcel, but he doesn t have a contract yet. Mr. Erich Mollohan, 2761 Legacy Drive NW, stated the he is the business owner and they have outgrown the existing building. He doesn t want to leave and would like to keep his business on Route 62. There was no one to speak against the appeal.
Motion by Mr. Soles WHEREAS, Applicant/Michael D. Miller, 4015 Hills & Dales Road NW, Canton, OH 44708 & Owner/Nancy J. Miller Trustee, 4015 Hills & Dales Road NW, Canton, OH 44708; Requests the following to construct a 43 ft. x 32 ft. (1,130 sq. ft.) commercial addition on the property located at 2136 Columbus Road NE, Parcel #52-07941: 19ft. 11in. South Rear Yard Setback Variance (25 ft. required 5ft. 1in. requested) WHEREAS, the applicant(s) or representative(s) have appeared in person before this Board at an adjudication hearing on said application and the Plain Township Board of Zoning Appeals has duly considered this application pursuant to Ohio Revised Code 519.14; and NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Plain Township Board of Zoning Appeals to: X modify the application Modification to be: 20 ft. South Rear Yard Setback Variance (25 ft. required 5 ft. requested) Seconded by Mr. Pousoulides DISCUSSION: Mr. Soles said that they have demonstrated a practical difficulty with the existing building not meeting the setback on the South side, he would be in favor of this appeal. Vote: Mr. McVay-YES Mr. Beck-YES Mr. Pousoulides-YES Mr. Soles-YES Mr. Sutton-YES Appeal #1235-14 is therefore APPROVED WITH MODIFICATIONS.
APPEAL #1236-14 Applicant/Speedway LLC c/o Jonathan Ziegan, 13000 Shaker Boulevard, Cleveland, OH 44120 & Owner/Speedway LLC, 500 Speedway Drive, Enon, OH 45323; Requests the following to construct a 48 ft. x 82 ft. (9,340 sq. ft.) new commercial building on the property located at 2570 Easton Street NE, Parcel #52-05663 & part of 52-17647: 15 foot West Rear Yard Setback Variance (25 ft required 10 ft requested) 15 foot South Side Yard Setback Variance (25 ft required 10 ft requested) 17 sq. ft. Pole Sign Variance (149 sq. ft. permitted 166 sq. ft. requested) Article VII, Section 713.3 & 713.4, Lot Requirements & Yard Requirements Article VIII, Section 801.7, Freestanding Signs, Maximum Area and Height The property is zoned B-2, General Business District and is located in the Northwest Quarter of Section 14. Mr. Jon Ziegan, 13000 Shaker Blvd, stated he is an Engineer with Richard L. Bowen & Associates. He submitted a site plan and photos to the Board members (Exhibit #1). He stated that Speedway has been at this location since 1997 and it was a gas station prior. What Speedway is looking to do is purchase an L shaped piece of land from Leno s Restaurant and construct a new Speedway gas station. When they do this, they will remove the old septic pump station from Leno s and they will run new sewer lines for Leno s to hook into. They will need two variances for the new building which will only affect Leno s Restaurant and not the neighbor to the south. They also need a 17 sq. ft. variance for a pole sign along Easton Street NE. Speedway will install a fence on the South and West side of the property. Mr. Soles asked why they needed a bigger sign. Mr. Ziegan said that it will be more visible for people to see coming up Easton Street. There was no one to speak in favor of the appeal or against the appeal, but one resident did have questions. Mr. John Draggi, 6335 Middlebranch Avenue NE, stated that he lives to the South of Speedway and he also owns the business at 6316 Middlebranch Avenue NE. He is in favor of a majority of the appeal, but he wants to know if Speedway will work with him on expanding the sewer down Middlebranch Avenue. Mr. Ziegan said that he is open to working with him and will set up a meeting with Speedway and Mr. Draggi regarding possible sewer expansion. Mr. McVay said that this Board has no authority over sewer expansion.
Motion by Mr. Soles WHEREAS, Applicant/Speedway LLC c/o Jonathan Ziegan, 13000 Shaker Boulevard, Cleveland, OH 44120 & Owner/Speedway LLC, 500 Speedway Drive, Enon, OH 45323 Requests the following to construct a 48 ft. x 82 ft. (9,340 sq. ft.) new commercial building on the property located at 2570 Easton Street NE, Parcel #52-05663 & part of 52-17647: 15 foot West Rear Yard Setback Variance (25 ft required 10 ft requested) 15 foot South Side Yard Setback Variance (25 ft required 10 ft requested) 17 sq. ft. Pole Sign Variance (149 sq. ft. permitted 166 sq. ft. requested) WHEREAS, the applicant(s) or representative(s) have appeared in person before this Board at an adjudication hearing on said application and the Plain Township Board of Zoning Appeals has duly considered this application pursuant to Ohio Revised Code 519.14; and NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Plain Township Board of Zoning Appeals to: X grant the following: 15 foot West Rear Yard Setback Variance (25 ft required 10 ft requested) 15 foot South Side Yard Setback Variance (25 ft required 10 ft requested) 17 sq. ft. Pole Sign Variance (149 sq. ft. permitted 166 sq. ft. requested) Seconded by Mr. McVay DISCUSSION: Mr. McVay said that he believes this project will improve the corner of Easton and Middlebranch. Mr. Soles said that the variances required will only affect Leno s Restaurant and there wasn t any objection tonight. He would like to see Speedway work with all of the neighbors. Mr. Sutton said that this will benefit Leno s and they will be able to now have sewer. Vote: Mr. McVay-YES Mr. Beck-YES Mr. Soles-YES Mr. Sutton-YES Appeal #1236-14 is therefore APPROVED.
Mr. Fulk announced there will be a meeting on January 7, 2015 at 6pm. He also announced that Jim McVay will be retiring at the end of the 2014 year and thanked him for his years of service. Mr. Soles made a motion to adjourn the meeting. Mr. Pousoulides seconded the motion. All members were in favor. No further business pending the meeting adjourned at 7:24pm. PLAIN TOWNSHIP BOARD OF ZONING APPEALS Stephanie Metzger STEPHANIE METZGER, SECRETARY