Board of Zoning Appeals Meeting

January 7, 2016

ZA-11-15

Members/Attendance:              X         Hank Grover

                                                X         Jim Burgham

                                                N/A      Holly Grant

                                                X         Michael Johnston

                                                X         Ricky Morrison

                                                X         Albert Sciulli

                                                X         Robert Durick

Also in attendance:                  X         Bob Monus, Zoning Inspector

                                                X         Michele Richards, Recording Secretary

Jim Burgham called the meeting to order at 7:00 p.m. 

1st Order of Business:

Reorganization of the Board

Hank Grover made a motion to nominate Jim Burgham as Chair of the Committee. Ricky Morrison seconded the motion.  Jim Burgham accepted the nomination.  All members were in favor.  Motion carried.

Hank Grover made a motion to nominate Michael Johnston as Vice Chair of the Committee.  Ricky Morrison seconded the motion.  Mike Johnston accepted the nomination.  All members were in favor.  Motion carried.

2^nd Order of Business:

Jim Burgham stated that the second order of business is to approve the minutes from the meeting held on November 19, 2015.  Mike Johnston made a motion to approve the minutes from the November 19, 2015 meeting.  Hank Grover seconded the motion.  All members were in favor.  Motion carried.

Jim Burgham stated that Hank Grover will be abstained from the remainder of the meeting and that Robert Durick, an alternate board member, would be filling in.

3^rd Order of Business:

Case #ZA-11-15 – Is a request by John and Barbara Roth of 7575 Struthers Road to obtain a variance to reduce the minimum lot width of their parcel to divide the lot into two lots.  This property is known as GL 45, parcel #35-040-0-002.00-0.  This lot is located in Poland Township, Poland, Ohio, in an (AG) Agricultural zoned district.

Items included in packet submitted:

1. Application for Variance
2. Zoning Permit Denial Form
3. Letter of Intent
4. Abutting Property Owners List
5. Site Plan
6. Property Description (Zoning)

1. Property Description (Auditor)
2. Plate Map
3. Zoning District Map
4. County GIS Map
5. Warranty Deed

Jim Burgham clarified that this case would fall under Section 4.14 Schedule of District Regulations with the minimum lot width of one hundred twenty-five (125) feet with no sewer or water.  The current lot frontage width of this property is approximately eighty (80) feet.

Barbara and John (Dave) Roth

7575 Struthers Road

Mrs. Roth stated they have owned the property for 28 years.  The property is a long term timber tree farm and is a lot to maintain for the two of them.  They have had inquiries about selling a few acres of their property and would like to possibly section off one section for this purpose.

Dave Roth referenced a drawing that he distributed to the Board members and explained where about the parcel is that he would be willing to sell.

Jim Burgham asked the Roth’s if what they are requesting the Board to do is grant the variance to allow the property to be reduced to two (2) forty (40) foot frontages, with the flexibility to determine the amount acreage to sell off.  They stated yes.

Mrs. Roth stated they would like to have a shared driveway to accommodate these parcels.

Jim Burgham asked Monus if the Board would grant the variance to allow the property to be divided into two (2) forty (40) foot frontages, would that prevent the appellant from creating an access to both properties.  Monus stated that as long as it is included in the variance it would be fine.

Jim Burgham stated to the Roth’s that if the Board considers their variance, he wants to make sure there is not an issue with the driveway violating one of the other zoning regulations and being too close to a property line.  Mr. Roth referenced a drawing and pointed out the pins showing the property lines. 

Jim Burgham asked the Board members if they have any issue with granting the variance in dividing the frontage to have two pieces of property on Struthers Road.

Ricky Morrison stated he has a concern about the shared driveway issue.

Jim Burgham stated if the Board would grant this per the drawing, the Roth’s could be faced with a zoning violation immediately because the driveway is not within the forty feet.

Bob Monus explained that there would be an issue if the property is divided.  The driveway would be in violation because you need to be at least three (3) feet from the side property line.  The Board could make a provision for this in the variance.

Jim Burgham asked if anyone would like to speak in favor of the request.  No one replied.  Jim Burgham asked if anyone would like to speak against the request.  No one replied.

After further discussion, the following motion was made.

Motion

Mike Johnston made a motion in Case ZA-11-15 to grant the variance request to allow the existing eighty (80) foot frontage to be divided into two (2) forty (40) foot frontages with the stipulation that each new property utilize the forty (40) foot of frontage for access to their property, or develop a legal shared easement to access the properties.  Bob Durick seconded the motion.

Voting:

Yes      Mike Johnston

Yes      Bob Durick

Yes      Ricky Morrison

Yes      Al Sciulli

Yes      Jim Burgham

Motion carried.

Meeting adjourned at 8:05 p.m.

Submitted by:

Michele Richards/Recording Secretary

cc:        Trustees (3)

            Board of Zoning Appeals (7)

            Zoning Commission (6)

            P. Canter, Fiscal Officer (1)

            File (1)