Board of Zoning Appeals

CITY OF TALLMADGE BOARD OF ZONING APPEALS Minutes of Meeting Held September 10, 2013 7:00 p.m. Council Chambers Date Time Place Members Present: Donald Cooper, Melanie Bushey, Kevin Heilmeier, Richard Schunk and Richean Kuzior Members Absent: Chaired by: Kevin Heilmeier Secretary: Velma Williams  Regular meeting  Special Meeting ADMINISTRATION PRESENT: Megan Raber, Assistant Law Director Roger Lyons, Code Enforcement Official ITEMS TO BE DISCUSSED Item #1 Case No. 925 Frank Meyers – Applicant/Owner 254 N. Elm Avenue Variance requested from Subsection 1155.09 (a); Minimum side yard setback of 10 feet required. Request variance to 2 feet. For review and approval. Item #2 Case No. 926 Andrew Emanuele – Applicant/Owner 426 East Avenue Variance requested from Subsection 1155.03 (c); Accumulative area for all accessory buildings shall not exceed 900 square feet. Request variance to 2,024 square feet Variance requested from Subsection 1155.09 (a) Minimum side yard setback of 10 feet required. Requesting variance to 2 feet. For review and approval. Board of Zoning Appeals – September 10, 2013 2. Item #3 Case No. 927 Michael Sales, Sr. – Applicant/Owner 284 Osceola Avenue Variance requested from Subsection 1157.08 (a); Minimum rear yard setback of 25 feet required. Request variance to 12 feet. For review and approval. Item #4 Case No. 928 Donald Allebach – Applicant/Owner 1062 S. Munroe Road Variance requested from Subsection 1154.03 (c); Accumulative area for all accessory buildings shall not exceed 900 Square feet. Request variance to 2,280 square feet. Variance requested from Subsection 1154.08 (a); Minimum rear yard setback of 25 feet required; Request variance to 10 feet. Variance requested from Subsection 1154.09 (a); Minimum side yard setback of 10 feet required. Request variance to 5 feet. For review and approval. Item #5 Case No. 929 Frank Cagnoli – Applicant/Owner 738 Northwest Avenue Variance requested from Subsection 1155.03 (c); Accumulative area for all accessory buildings shall not exceed 900 square feet. Request variance to 1,200 square feet For review and approval. Item #6 Case No. 930 George Winkelmann – Applicant Marik Spring – Greg Bedrick, Owner; Dave Woodyard Co-Owner 121 Northeast Avenue Variance requested from Subsection 1167.09 (b); Minimum side yard setback 50 feet when abutting a residential district. Variance requested to 15’. For review and approval. The September 10, 2013 meeting of the Board of Zoning Appeals was called to order at 7:00 p.m. by Chairman, Kevin Heilmeier. The meeting was opened with the Pledge of Allegiance. Roll called. All members were present. Board of Zoning Appeals – September 10, 2013 3. Mr. Heilmeier: At this time I’ll entertain a motion for the approval of the minutes of the July 9, 2013 meeting of the Board of Zoning Appeals. Mrs. Bushey: So moved. Mr. Cooper: seconded the motion. Roll called. All members voted in favor with the exception of Mr. Schunk and Mr. Heilmeier who abstained (3-0-2). Mr. Heilmeier: Are there any additions to the agenda tonight from the city? Mr. Lyons: No sir. Mr. Heilmeier: Thank you. Any correspondence or communications? Mr. Lyons: You received today, September 10, 2013, an e-mail from Adam Paul concerning two of the items. Mr. Heilmeier: Okay, do we need to read those into the minutes? Mrs. Raber: You can just note for the record that the correspondence was from Adam Paul dated today’s date, September 10, 2013 and it’s a Memorandum regarding Supplemental and Adjusted Application materials as it relates to Item 1, Application for Frank Meyers at 254 North Elm Street and for Item 6 at 121 Northeast Avenue. That should be sufficient. Mr. Heilmeier: Okay, thank you. It is now 7:02 p.m. and we’ll call Case No. 925. Item #1 Case No. 925 Frank Meyers – Applicant/Owner 254 N. Elm Avenue Variance requested from Subsection 1155.09 (a); Minimum side yard setback of 10 feet required. Request variance to 2 feet. For review and approval. Mr. Heilmeier: Mr. Meyers, you need to come up and stand at the podium and I’ll swear you in. We will go from there. Mr. Frank Meyers was sworn in. Mr. Heilmeier: State your name and address, please. Mr. Meyers: Frank Meyers, 254 N. Elm Avenue. Board of Zoning Appeals – September 10, 2013 4. Mr. Heilmeier: What is your reason for a variance at your property at 254 N. Elm? Mr. Meyers: The current property sits 4 ½’ from the lot line. The setback isn’t sufficient even for that situation. I’d like to extend my garage out 22’ and because the house also sits on a little bit of a slant, the house won’t exactly be even with the existing house. The front of that new garage will be approximately 3’ from the lot line instead of 4’ because the way it sits. The property on the other side is not enough space to allow for a 22’ garage, even that wouldn’t be attached to the house. Just not enough room there. Mr. Heilmeier: At this time I’ll open the Public Hearing (7:03 p.m.) for anybody in the audience that would like to speak on behalf of this variance. I have a Tom Blatt. Would you like to speak sir? You need to come up here, please. Mr. Blatt: Tom Blatt. Mr. Tom Blatt was sworn in. Mr. Heilmeier: State your name and address, please. Mr. Blatt: Thomas Blatt, 247 N. Elm Avenue, Tallmadge. Mr. Heilmeier: Go ahead. Mr. Blatt: Oh, I just want to say I don’t think there’s any reason to oppose it. He’s going to keep it in line. All the houses are set so far back that it’s not going to obstruct anybody pulling out of the drive or anything like that. Frank tells me he’s going to keep the hip roof system so it will add to the neighborhood as far as I’m concerned. I say its fine. Mr. Heilmeier: Okay. Thank you. Is there anybody else that would like to speak in favor of this variance, please? Is there anybody that would speak in opposition of this variance? At this time, I’ll close the Public Hearing (7:06 p.m.) and turn it over to the Board. Mrs. Raber: Mr. Chairman, if I can, just as a point of clarification to make sure that no one is confused, I believe that on the application, the address or the affected address was listed as 254 N. Elm Avenue. There is a line that says property affected and the address of 244 was noted. I believe that’s just the applicant’s interpretation of who may be most impacted by it. The notifications for tonight’s meeting went out as 254 N. Elm and the agenda has 254 North Elm. It is 254 North Elm and there’s sufficient notice for anyone who wanted to be here tonight. Mrs. Bushey: Thank you. Mr. Heilmeier: Anybody have any questions for Mr. Meyers from the committee? I’ll entertain a motion for the variance please. Board of Zoning Appeals – September 10, 2013 5. Mr. Schunk: I’ll move for approval of the variance requested from Section 1155.09 (a) minimum side yard setback of 10’ required; requesting variance to 2’. Mrs. Kuzior: seconded the motion. Roll called. All members voted in favor (5-0). Mr. Heilmeier: Your variance passed, Mr. Meyers. Okay, it is now 7:07. Case No. 926. Item #2 Case No. 926 Andrew Emanuele – Applicant/Owner 426 East Avenue Variance requested from Subsection 1155.03 (c); Accumulative area for all accessory buildings shall not exceed 900 square feet. Request variance to 2,024 square feet Variance requested from Subsection 1155.09 (a) Minimum side yard setback of 10 feet required. Requesting variance to 2 feet. For review and approval. Mr. Andres Emanuele was sworn in. Mr. Heilmeier: State your name and address, please. Mr. Emanuele: Andrew Robert Emanuele, 426 East Avenue, Tallmadge. Mr. Heilmeier: Explain the reason for your variance. Mr. Emanuele: Okay, the garage that I have right now is old and needs replaced. I would like to just replace the building in the same spot and make it, basically leave it in the same spot. It needs replaced and I need a place to build a workshop because there’s not enough room in the house and I have a large pick up truck that wont fit in the garage that I have now so I’m asking for a bigger garage. Mr. Heilmeier: At this time I’ll open the Public Hearing (7:08 p.m.) for anybody that would like to speak on this variance. Anybody like to speak in favor of this variance? Anybody like to speak in opposition of this variance. At this time, I’ll close the Public Hearing (7:08 p.m.) and turn it over to the committee. Mrs. Bushey: Mr. Emanuele? I know it was about two years ago you submitted a variance. Was that for a new roof? I didn’t go back out because I remembered the tree and I remember the pool. Do you remember what the first one was? Mr. Emanuele: It was for an addition to the house. After we got that settled, then I got diagnosed with heart problems and so we didn’t get to do that for a while. By the time Board of Zoning Appeals – September 10, 2013 6. we came around to go ahead and do the addition to the house, it cost too much. I retired and price and everything went up. Mrs. Bushey: But at that time, the garage was kind of, it was in working order? Mr. Emanuele: The garage was going to be attached to the house then. It was part of the whole thing. Mrs. Bushey: Okay, thank you. Mr. Emanuele: You’re welcome. Mr. Heilmeier: When I was out yesterday, I was looking, and I thought for sure the last time that we had the discussion it had to deal with it being right on the property line. As you showed me yesterday, you’re 2’ off, right? Mr. Emanuele: Yes sir. In fact, initially we thought it was right on the line. I had the whole lot surveyed and the pins checked and it’s about, part of its 2’ and part of its 3’ off the line. The new building would be 3’ off and there’s a 1’ overhang. Mr. Heilmeier: Any other questions by the committee? Mr. Cooper: Yes, a question. It says the variance request is 2,024 square feet but this building is 30 x 40 building, 1,200 square feet. What’s the 2,024? Mr. Emanuele: There’s several other out buildings on the property. The property is two acres. Mr. Cooper: So you’re pooling the rest of them Mr. Emanuele: That’s what I was told we had to do. Mr. Heilmeier: We have two variances. We’ll have to vote on each variance separately. If we’re done asking questions can we get a motion for the variance, please? Mrs. Kuzior: I’d just like to say that I see the hardship in this and I think I spoke about this the last time we voted that there’s a couple of oak trees that are going to be in the way if he would move this to another side of his house. Also, in order to keep the turn around and keep the view for the in ground pool, he would have to keep the garage in the same place. I don’t see any other place to put it. Mr. Emanuele: No, there really isn’t. In fact, that one tree, I wouldn’t take the one tree down. That’s where we got married. Mrs. Kuzior: I think it will add to the property as well. Mr. Emanuele: I think so. Board of Zoning Appeals – September 10, 2013 7. Mr. Heilmeier: Yes, that garage is in pretty sad shape. Mr. Emanuele: We figured it was about 81 years old. Mr. Heilmeier: I guess after 81 years, you’re going to have a sagging roof. Mrs. Kuzior: I’ll make a motion that we approve the variance under Subsection 1155.03 (c); accumulative area for all accessory buildings shall not exceed 900 square feet; requesting a variance to 2,024 square feet. Mrs. Bushey: seconded the motion. Roll called. All members voted in favor (5-0). Mrs. Kuzior: I’ll make a motion that we approve the variance from subsection 1155.09 (a); minimum side yard setback of 10’ required; requesting variance to 2’. Mrs. Bushey: seconded the motion. Roll called. All members voted in favor (5-0). Mr. Heilmeier: Your variance has passed. Mr. Emanuele: Thank you very much. Okay, it is now 7:14 p.m., Case No. 927. Item #3 Case No. 927 Michael Sales, Sr. – Applicant/Owner 284 Osceola Avenue Variance requested from Subsection 1157.08 (a); Minimum rear yard setback of 25 feet required. Request variance to 12 feet. For review and approval. Mr. Heilmeier: Come forward and we’ll swear you in. Mr. Michael Sales, Sr. was sworn in. Mr. Heilmeier: I need you to state your name and address. Mr. Sales: Michael J. Sales, Sr., 284 Osceola Avenue. Mr. Heilmeier: What are you requesting the variance for? Mr. Sales: I want to build a deck on the back of my home. Board of Zoning Appeals – September 10, 2013 8. Mr. Heilmeier: At this time, I’ll open the Public Hearing (7:15 p.m.). Is there anybody that would like to speak? Mrs. Raber: If you can just note the time. Mr. Heilmeier: The time is 7:15 p.m. Anybody would like to speak in favor of this variance? Anybody like to speak in opposition of this variance? Anybody in opposition of this variance? At this time, we’ll close the Public Hearing. We’ll open it up to the committee for any questions. I know when I was out there yesterday and I talked to you, you showed it to me. Are you planning on, underneath, is that going to be open too? What are you going to do underneath? I didn’t ask you that. Mr. Sales: I’m not sure what I’m going to do underneath. I haven’t made up my mind. Mr. Heilmeier: I know when I talked to you yesterday, it doesn’t back into anything because the lot behind you is vacant right now, correct? Mr. Sales: Yes sir. Mr. Heilmeier: Do we know, is that a buildable lot, or not a buildable lot? Could somebody at some point build on that? Do you know anything about it? Mr. Sales: Well there’s a home on Eastland there and that’s his property. His home faces Eastland Avenue and that’s all his property in the back but it’s fenced off. Mr. Heilmeier: Okay. Mrs. Bushey: Is the fence that you have back there, is that on your property line? Mr. Sales: That’s his property line. Mrs. Bushey: So that’s his fence or your fence? Mr. Sales: His fence. Mrs. Bushey: And the poles you had out there, that’s where you had it kind of marked? Mr. Sales: Yes mam. Mr. Lyons: Mr. Heilmeier? Mr. Heilmeier: Yes, Mr. Lyons. Mr. Lyons: Looking at the application, it appears that your lot depth is 120’? Is that correct? Mr. Sales: Yes sir. Board of Zoning Appeals – September 10, 2013 9. Mr. Lyons: And the width is 60’ total? Mr. Sales: Yes. Mr. Lyons: So these lots were created in an unrecorded allotment years ago and so that’s why a lot of these lots were small. A lot of those properties were combined to make the lots essentially more buildable for a normal size house and amenities. His lot being small, a total of 7,200 square feet which is well below our normal size of a lot, makes this a reason for a hardship for this case, I think. Mr. Heilmeier: Okay, thank you. Mr. Schunk: It appears from the Summit County Map that Mr. Sales’ house and the house immediately to his right are farther back than the other houses beside it. The house sitting to his left appears to have a 40’ front yard setback. He’s got a 60’ setback which puts him awfully close to the rear property line. Is that the way these lots are laid out? Mr. Lyons: Again, the whole area there was an unrecorded, I think it’s Eastland Allotment. Various roads were dedicated and a lot of houses were built even prior to the streets being dedicated. So there’s a mix mash of different sized lots in there because of combining - some were individuals and some were combining several or more lots together. Most of them did have a shallow depth because the streets were already established at 240’ apart so it left all the lots just 120’ unless they were combined back to back. Mr. Heilmeier: Any other questions? Somebody like to make a motion? Mrs. Bushey: I’ll make a motion. I see the hardship in your needing that area and you can’t put it on the right side. The left side is not going to work so when you look at the depth of your yard, I see the hardship. I’d like to move to approve the variance requested from Section 1157.08 (a); minimum rear yard setback of 25’ required; requesting variance to 12’. Mrs. Kuzior: seconded the motion. Mr. Heilmeier: Any further discussion at this time? Mrs. Kuzior: I agree with Melanie. I think it will enhance the property and the fact that the house set back so far in the front, leaves them will little room in the back. There isn’t any other place to put a deck. I’ll be voting for it. Mr. Heilmeier: Any further comments? Any further discussion? Roll called. All members voted in favor (5-0). Board of Zoning Appeals – September 10, 2013 10. Mr. Heilmeier: It is now 7:22 p.m. Case No. 928. Item #4 Case No. 928 Donald Allebach – Applicant/Owner 1062 S. Munroe Road Variance requested from Subsection 1154.03 (c); Accumulative area for all accessory buildings shall not exceed 900 Square feet. Request variance to 2,280 square feet. Variance requested from Subsection 1154.08 (a); Minimum rear yard setback of 25 feet required; Request variance to 10 feet. Variance requested from Subsection 1154.09 (a); Minimum side yard setback of 10 feet required. Request variance to 5 feet. For review and approval. Mr. Heilmeier: Is the applicant here? Okay, perfect. Mr. Donald Allebach was sworn in. Mr. Heilmeier: State your name and address please. Mr. Allebach: Donald Allebach, 2062 S. Munroe Road, Tallmadge, Ohio. Mr. Heilmeier: Please go through your variance request. Mr. Allebach: I’m asking for a variance due to size and side and rear setback for a building that I want to put in for recreational use due to the fact that I have a couple of old vehicles I’d like to restore. I do enjoy metal working and wood working. I will have a small wood working shop and metal working shop in there. As far as personal use to use that, the side setback is just due to wasted space because there is a large wall there currently from the machine shop next to me. There’s a large oak tree in front of the building I would not like to cut down. The back setback is just due to space in the yard. Mr. Heilmeier: Any questions from the board? Mrs. Kuzior: Mr. Allebach, are you planning on running a business of any kind out of this building? Mr. Allebach: No, not at all. Mrs. Kuzior: Okay. I wanted to ask you that. Mr. Heilmeier: Mr. Lyons, when I was out there last night looking around, I noticed on this one, there’s no zoning on it. Is it R-3, R-2, Commercial? Board of Zoning Appeals – September 10, 2013 11. Mr. Lyons: This particular property is R-2. Mr. Heilmeier: Okay because there is some combination in that area, correct. Mr. Lyons: The machine shop that he referred to on the corner, as I remember was a legal non conforming use, years ago. They came in to get a large addition and went through a conditional zoning process to do that. Then, again if I remember correctly, the property that he butts up to to the west and also west of the machine shop is a church, isn’t it? Mr. Allebach: There’s a church right behind my property. The property right next door to me, my parents own. The property catty corner to the back, I guess in the other corner, my grandparents own. Mr. Lyons: Okay, so the church which is a conditionally permitted use is to the west and then the expressway is one property south of that. Mr. Allebach: I talked to both the church, the machine shop. I talked to a handful of people that are within my 500’. Nobody has expressed any kind of concerns. In fact, there was people over today, multiple people asking me do I need to come to the meeting and say its okay. I assured them that no, they can just carry about their regular day to day stuff. I didn’t feel any need for them to come down here. Mr. Lyons: Mr. Heilmeier? Mr. Heilmeier: Yes? Mr. Lyons: Also all the property around here is zoned R-2. There’s several conditionally permitted uses. Mr. Heilmeier: Okay. At this time, I’ll open the Public Hearing (7:25 p.m.). I need you to come sign in and come up. From the audience: I got the wrong address. Mr. Allebach: Initially when it was sent out, it was sent out as 1026, then I brought it to somebody’s attention and he said he was going to have to re-submit it as 1062. It was just a typographical error. Mr. Heilmeier: Go to the microphone and we’ll swear you in. Mr. Leonard Rogers was sworn in. Mr. Heilmeier: State your name and address, please. Mr. Rogers: Lenny Rogers, 719 Newton Street, Tallmadge, Ohio, 44278-3370. Board of Zoning Appeals – September 10, 2013 12. Mr. Heilmeier: Okay, your question or comment? Mr. Rogers: Just the address. I looked for this for three days and couldn’t find it. I even asked Mayor Kline last night. I got the wrong day for this thing. I couldn’t find 1026 S. Munroe because I looked for three days for it. Mayor Kline said by the bridge. I looked and I didn’t see it down there either. That’s my only thing. Mr. Allebach: Directly next to the machine shop. Do you know where the machine shop is? Mr. Rogers: I know where you’re at now. Mr. Allebach: Okay. Mr. Rogers: What size is the garage? Can I ask him a question? Mr. Heilmeier: You need to ask the committee. He can answer it. Mr. Rogers: What size is the garage? Mrs. Raber: You can come back to the podium. We’re recording this, we have to have minutes. That’s why we ask for the formality. Mr. Allebach. The main structure of the garage will be 40 x 50. There will be a lean-to roof on the one side for, we’re going to put a picnic table underneath there and a fan if we have a birthday party or whatever, as far as that stuff goes. The enclosed part of the building will be 40 x 50. Mr. Rogers: I am okay with that. Mr. Heilmeier: Okay, thank you. Any other questions? Anybody in favor to this variance? Anybody in opposition of this variance? I’ll close the Public Hearing (7:28 p.m.) and turn it over the committee. Mrs. Bushey: When I went out there, my biggest concern, once I saw the size of his property, was drainage. He explained to me that I guess the company next door which his brother owns had to have some kind of drainage system put in there because its so high and I was worried about the church and the dirt going into the parking but I guess that has been taken care of when that machine shop was put in to establishment. Mr. Allebach: Yes, there’s a full, it’s either a 24” or a 30” storm sewer that was required to put in by the machine shop when they built that building. Mr. Lyons: Mr. Heilmeier, could I ask the applicant, are you going to have down spouts on the new garage? Board of Zoning Appeals – September 10, 2013 13. Mr. Allebach: I plan on putting down spouts on the garage, yes. Mr. Lyons: Where is that water going to go? Mr. Allebach: The water would go into that storm sewer, that 24-30” storm sewer at the machine shop. Mr. Lyons: Okay, so you have permission from them. Mr. Allebach: Absolutely, yes. Mr. Lyons: When you submit your plans for your zoning certificate, assuming that you are granted the variance, if you could get a letter from the machine shop giving you permission to tie into that. Mr. Allebach: That’s fine. Mr. Heilmeier: Any other questions for the applicant at this time? I will entertain a motion. Mrs. Kuzior: I’ll make a motion that we approve the variance from Subsection 1154.03 (c); accumulative area for all buildings shall not exceed 900 square feet; requesting a variance to 2,280. Mrs. Bushey: seconded the motion. Mr. Heilmeier: Any other discussion? Comments? Roll called. All members voted in favor (5-0). Mr. Heilmeier: Your variance passed on the first one. We’ll need a second one. Mrs. Kuzior: I’ll make a motion that we approve the variance from Subsection 1154.08 (a); minimum rear yard setback required of 25’; requesting variance to 10’. Mrs. Bushey: seconded the motion. Mr. Heilmeier: Any further discussion? Roll called. All members voted in favor (5-0). Mrs. Kuzior: I’ll make a motion that we approve the variance from Subsection 1154.09 (a); minimum side yard setback required of 10’; requesting a variance to 5’. Mrs. Bushey: seconded the motion. Board of Zoning Appeals – September 10, 2013 14. Mr. Lyons: Is that (a) or (c)? Me. Heilmeier: That looks like (a). Mrs. Kuzior: Sorry, it is an (a). Subsection 1154.09 (a). Mr. Heilmeier: We have a second. Any further discussion? Roll called. All members voted in favor (5-0). Mr. Heilmeier: Your variance has passed, sir. Mr. Allebach: Thank you. Mr. Heilmeier: It is now 7:35. Case No. 929. Item #5 Case No. 929 Frank Cagnoli – Applicant/Owner 738 Northwest Avenue Variance requested from Subsection 1155.03 (c); Accumulative area for all accessory buildings shall not exceed 900 square feet. Request variance to 1,200 square feet For review and approval. Mr. Heilmeier: Please come forward. Mr. Frank Cagnoli was sworn in. Mr. Heilmeier: State your name and address, please. Mr. Cagnoli: My name is Frank Cagnoli. I live at 738 Northwest Avenue, Tallmadge, Ohio. Mr. Heilmeier: Okay, what are you seeking a variance for? Mr. Cagnoli: I’m seeking a variance; I have a 24 x 24 garage that’s 55 years old. I would like to tear it down, keep everything on the same property line and increase it to 1,200 square feet. Mr. Heilmeier: Okay, does the committee have any questions? You weren’t home last night when I went out and looked at it. Basically you want to kick it out? Mr. Cagnoli: I want to kick it back 16 and over 6 all away from the property line. Mr. Heilmeier: You got a little bit of a slope so you’re taking it right to the slope. Board of Zoning Appeals – September 10, 2013 15. Mr. Cagnoli: I got to fill it all in. I got to build it up. Mr. Heilmeier: Okay, at this time, I’ll open the Public Hearing (7:36 p.m.). Is there anybody that would like to speak in favor of this variance? Anybody like to speak in favor of this variance? Anybody like to speak in opposition to this variance? One more time; in opposition? At this time, I’ll close the Public Hearing (7:36 p.m.) and turn it over to the committee. How many, I just don’t remember, how big is your lot? Mr. Cagnoli: It’s big. Mr. Heilmeier: Oh, I got it right here, okay. Yep, it’s big. 321, okay. Mr. Lyons: Mr. Heilmeier? Mr. Heilmeier: Yes, Mr. Lyons? Mr. Lyons: Do you know what your frontage is along the road? Mr. Cagnoli: I think its 65’. Mr. Heilmeier: On the picture I have it says 65’. Mr. Cagnoli: I know it’s bigger than that. Mr. Lyons: I’m thinking that that’s just the first parcel. Mr. Cagnoli: Its kind of a confusing corner deal right there. I know it’s bigger than 65. Mr. Lyons: It looks like at least 100 if you compare that with the lot a couple doors down. Mr. Heilmeier: Yes. Mr. Cagnoli: This is just what the satellite gave us. Mr. Lyons: Right. Mr. Schunk: With this new building, this really doesn’t pertain to your request, are you going to have like a turnaround back there? That’s a terrible driveway to get out onto the road. Mr. Cagnoli: What do you mean? Mr. Schunk: Will the new garage incorporate enough area for a turnaround for a car. Mr. Cagnoli: It’s going straight back. Board of Zoning Appeals – September 10, 2013 16. Mr. Schunk: That’s really dangerous. Mr. Cagnoli: It’s going straight back. Then we do have a turnaround next door. We do have access to that driveway too. You’ll just have to come straight out of the building and turn around. The building isn’t moving any closer to the street. It’s just going back. Actually nothing is going to change but the size. Mrs. Bushey: The tractors you have will eventually be gone? Mr. Cagnoli: Oh, there will be a bunch of stuff in there. I like restoring cars and tractors. This is my bucket list. Mr. Heilmeier: Any other questions? Mrs. Kuzior: Mr. Heilmeier? Mr. Heilmeier? Yes? Mrs. Kuzior: I don’t see a problem with this. It’s not encroaching in any way on anyone else’s property. Its not that much bigger than it was before. I don’t’ see a problem with this myself. Mr. Heilmeier: Okay. Can I have a motion please? Mr. Schunk: I will move to approve variance from Subsection 1155.03; accumulative area for necessary buildings shall not exceed 900 square feet; granting a variance to 1,200 square feet. Mrs. Bushey: seconded the motion. Mr. Heilmeier: Any further discussion? Mrs. Bushey: I think there is a reason to look at this as a hardship due to the fact of the size of the lot. The lot tends to be the way it looks, your next door neighbor, the area. I tend to think that hardship brings you reason to come here. Mr. Heilmeier: Any further comments? Roll called. All members voted in favor (5-0). Mr. Heilmeier: Your variance passed sir. It is now 7:41 p.m. Case No. 930. Board of Zoning Appeals – September 10, 2013 17. Item #6 Case No. 930 George Winkelmann – Applicant Marik Spring – Greg Bedrick, Owner; Dave Woodyard Co-Owner 121 Northeast Avenue Variance requested from Subsection 1167.09 (b); Minimum side yard setback 50 feet when abutting a residential district. Variance requested to 15’. For review and approval. Mr. Winkelmann: I need to sign in. Mr. George Winkelmann was sworn in. Mr. Heilmeier: State your name and address, please. Mr. Winkelmann: George Winkelmann. Our business address is 1433 Rolls Drive, Akron, Ohio, 44313. Mr. Heilmeier: You want to state what your request for the variance is? Mr. Winkelmann: Yes sir, thank you. I’m the architect for Marik Spring representing them tonight. They wish to put a small addition on the northwest side of their building. They’ve experienced growth over the years. They’ve been in this location 7 years. Next year they will celebrate 60 years in the City of Tallmadge. They continue to grow and they’re running out of floor space for machines and storage. There’s a little fight there between trying to stock stuff and trying to make stuff. So this small addition is primarily to relieve some of the pressure in the existing plant. Mr. Heilmeier: Any questions by the committee? I was out there last night. Are you kind of like squaring off the building, correct? A little bit, I mean Mr. Winkelmann: When it was under a previous owner, I don’t remember how many years ago but quite a while back, the side yard setback for them for a manufacturing facility against residential was 25’. The previous owner had requested a variance to 10’ for an addition that they put on several years back. That put a corner of their building right at the setback line against the residential property. Because of where the machines are and they’re big, heavy grinding machines inside the building the only place that’s acceptable to put this small addition on is on that corner. So our approach was to start right at that corner but go north along the setback line, not encroach any further but since then the setback line was changed from 25’ to 50’ so that’s why we’re requesting a 35’ variance, 40 to get down to what’s there now. I think I said that wrong. Its 15’ not 10’. Anyway, it’s kind of a funny shaped addition but just so that we can go along the existing setback line and not go into it any further. Mr. Heilmeier: At this time, I’ll open it up for Public Hearing (7:44 p.m.). Is anybody in favor of this variance? Anybody opposed to this variance? I will close the Public Hearing (7:44 p.m.) and turn it over to the committee. Board of Zoning Appeals – September 10, 2013 18. Mrs. Bushey: Could you clarify? In my paperwork it says this is just for storage. Will machines be working in that area because you said grinding? Mr. Winkelmann: No. That’s what’s already in the plant, machines. They’re running out of floor space in the plant because of storage so they need to have a place to put things so they can clear up floor space for machines in the plan. Mrs. Bushey: So machines that are grinding wont be in that area. Mr. Winkelmann: No mam. Mr. Lyons: Mr. Heilmeier? Mr. Heilmeier: Yes, Mr. Lyons? Mr. Lyons: This property is zoned I-1 but the properties to the west are the residential properties on Highland. There’s four properties there and then the apartments which are on North Avenue, Tallmadge Oaks, to the rear. Mr. Winkelmann: Right. They’re directly north. Mr. Heilmeier: Not that it makes a lot of difference, but we have something here that says names below were added to the list. Were they given proper notification? Mr. Lyons: Yes. Mr. Heilmeier: The ones were scratched out just is a duplicate or they didn’t need to be notified. Mr. Lyons: Those were the originals. Mr. Heilmeier: Okay. Mr. Lyons: The idea was to show what was added. Mr. Heilmeier: Okay. It came in tonight. Mr. Winkelmann: I’m afraid I had my 500’ circle a little bit off kilter. I had to move it a little bit and it included some more people. Mr. Lyons: The applicant referred to the change in the Code and that was done in 1997 going from 25’ to 50’ for minimum side yard setback from a residential district. Mr. Heilmeier: Any other questions by the committee? I will entertain a motion, please. Board of Zoning Appeals – September 10, 2013 19. Mrs. Kuzior: I’ll make a motion that we approve the variance from 1167.09 minimum side yard setback 50’ when abutting a residential district; requesting the variance to 15’. Mr. Schunk: seconded the motion. Mr. Heilmeier: Any further discussion? Mrs. Kuzior: I personally don’t see a problem with this because he followed along the same setback line that they had originally requested so we’re not encroaching any more on those residential properties. I think if any of those people were opposed to this, they probably would have come. I don’t have a problem with this myself. Mr. Heilmeier: Any further comment? Roll called. All members voted in favor (5-0). Mr. Heilmeier: Your variance passed. Mr. Winkelmann: Thank you very much. Thank you for your time. Mrs. Kuzior: I’ll make a motion to adjourn. Mrs. Bushey: seconded the motion to adjourn. All members voted in favor (5-0). Meeting adjourned at 7:50 p.m. Respectfully submitted, ______________________________________ ______________________________________ Velma J. Williams, Secretary Kevin Heilmeier, Chairperson