Board of Zoning Appeals

CITY OF TALLMADGE BOARD OF ZONING APPEALS Minutes of Meeting Held March 13, 2018 7:00 p.m. Council Chambers Date Time Place Members Present: Richean Kuzior, Melanie Bushey, Tim Gregg, Richard Schunk, Chuck Victor Members Absent: Chaired by: Richean Kuzior Secretary: Regina Conti  Regular meeting  Special Meeting ADMINISTRATION PRESENT: David Kline, Mayor Megan Raber, Law Director Adam Paul, Planning & Zoning Department ITEMS TO BE DISCUSSED Case No. 996 Dustin Gibson – Applicant/Owner 815 Treat Blvd Variance requested from Accessory Buildings – 1154.03(c) Accumulative area for all accessory buildings shall not exceed 900 sq. ft. Requesting construction of 1200 sq ft accessory building. For review and determination. Case No. 997 William West – Applicant/Owner 86 South Munroe, Tallmadge OH Variance requested from Permitted Fences and Walls 1181.04(a). Fences or walls erected within the minimum front yard setback shall not exceed 3 ½ feet in height. Requesting 7 foot fence constructed within the front yard setback For review and determination. The March 13, 2018 meeting of the Board of Zoning Appeals was called to order at 7:00 p.m. by Chairman, Richean Kuzior. The meeting was opened with the Pledge of Allegiance. Roll called. All members were present. Mrs Kuzior: The next item of business is the approval of the minutes for Jan 9, 2018 Do I have a motion? Mr Schunk: So moved. Mrs Bushey: seconded the motion. Roll called. All members present voted in favor (5-0). Board of Zoning Appeals – March 13, 2018 2. Mrs Kuzior: Do we have agenda additions for tonight’s meeting? Mayor Kline: Madam Chair, Mr Cooper’s term was up and so he has asked for me to find a replacement for him. I want to thank him, for the record, for his years of service on this board. He served it very well. And I have also sworn in Mr Victor tonight prior to the meeting as a new member. Welcome aboard. Chuck, thanks for serving. Also Mr Gregg’s term was up this last month and he has elected to come back. So I swore him in prior to this meeting. Thank you, gentlemen for your service. And all the rest of you too. Mrs Kuzior: Do we have any correspondence or communications? Mr Paul: yes. We did receive a letter from Mr William McCauley, 69 S Munroe Rd expressing his concern and disapproval of the variance request at 86 S Munroe. Mayor Kline: He also sent that to administration and City Council, asking City Council to take a look at the letter. Mr Paul: Thank you Mr Mayor. For the record, we left hard copies for each of the board members and the applicant’s representative was also informed of the letter received today March 13 in the Planning and Zoning Department. Case No. 996 Dustin Gibson – Applicant/Owner 815 Treat Blvd Variance requested from Accessory Buildings – 1154.03(c) Accumulative area for all accessory buildings shall not exceed 900 sq. ft. Requesting construction of 1200 sq ft accessory building. For review and determination. Mrs Kuzior: We will read it into the record, the complete letter when we do that case. The next item of business is Case #996. Is the applicant present? Please come to the podium. Mr Dustin Gibson was sworn in. Mrs Kuzior: State your full name and address for the record. Mr Gibson: Dustin Gibson, 815 Treat Blvd. I am here requesting a variance for increased square footage beyond the 900 sq ft. Would you like an explanation of why? Mrs Kuzior: Yes. Mr Gibson: I am trying to remove a building that is close to 1200 sq ft. and the variance is to replace that building in a different location on my property – further back. I am only requesting to rebuild a similar building as what I have. The structure that I have now has been in disrepair since I moved in since 2002. We did not have the means of repairing it completely. I have made small repairs up to this point, but the foundation is bad, the structure is bad, the siding was bad when we got in to the property when we first bought it. We are in the position now to completely demolish and replace it. I am also Scoutmaster Local Troop 361. There is the garage I will be removing since you have it on the slide. Our Scout Troop has a firewood crib that is currently there also, that is going to be removed. Board of Zoning Appeals – March 13, 2018 3. So all of my exterior structures will be removed in order to have just this one, brand new structure – a little bit further back on the property. That is in a nutshell what I am trying to do – improve the property. There would be the new location. It meets all side, front, back requirements. It does not meet the square footage. I am just replacing what I have. To give the committee a little more clarification if you scroll up just a tad on the same site plan, we also got zoning approval for an attached garage for our cars. The purpose of the detached building, I have the troop’s Scout trailer, trailer myself, boat trailer, those items will be in the cold storage building which is what I am trying to build. I am trying to improve, clean up and take the mess I have and make it look presentable and more appealing from the curb. Mrs Kuzior: I declare the public hearing open. So you will essentially be having two buildings built, right. Mr G One is attached to the house. Mrs Kuzior: Right – just so your neighbors know that’s the plan. Mr Gibson: Yes. Mrs Kuzior: We have so people who have signed in to speak. Greg Riffle – come to the podium please. State your name and address. Mr Riffle: Greg Riffle 818 Treat Blvd. Mr Greg Riffle was sworn in. Mrs Kuzior: please tell us why you would like to speak. Mr Riffle: Dustin is a great neighbor. He is trying to improve his property and I came here in support of him. Mrs Kuzior: Okay. Thanks. Mayor Kline: Madam Chair, there are some people that walked in after the list was collected. Mrs Kuzior: We have one lady who would like to speak last. Is there anybody in the audience that would like to speak in favor of or against this variance on Treat Blvd? Please come up and sign the paper please. Mrs Kuzior: please go to the podium. Can you state your name and address? Mr Peters: Greg Peters, 853 Olde Orchard, Tallmadge. Greg Peters was sworn in. Mr Peters: I speak in favor of Dustin’s plan to erect building. It meets the setbacks – the only issue is the square footage as I understand it. I think it is a definite improvement to the property and neighborhood. Mrs Kuzior: Okay, good. Thank you. The last person who would like to speak is Mary Barnhart. Please come to the podium. Please state your name and address. Mrs Barnhart: Mary Barnhart, 510 Ellen Dr, the closest neighbor to the Gibson’s. Board of Zoning Appeals – March 13, 2018 4. Mrs Barnhart was sworn in. Mrs Barnhart: We are against it – we have been here 40 some years. And when we built – on Ellen dr. Now you see Ellen Drive is his driveway and then you see where the house swirls over there. That is our house there. You see where he’s doing that – and there is our front yard. So we look at this. What most people do not know – we have been having problems with water and we are having it assessed. The City twice dug out ditches and everything on Treat so there would not be anymore water. But we keep getting water. When we built there we had to pay assessments for a trunk line which goes down Ellen Drive. We are having an engineer assess all this because we may have to use that trunk line. We have already paid for the trunk line. Many people who have not lived there – which most of the people except for Barbara Neiger here in the audience did not live there. That is another concern of ours. Another concern is businesses starting up. We have some evidence of that and we want to present that as we don’t want the neighborhood to change. We have been there 40 some years and we don’t want to see that happen. We have a large chunk of land there. There have been other issues. I can see improving the land. I too was in the schools, Tallmadge City Schools, Six School Compact. I also was an Indian guide leader with my husband. I was PTA President for Tallmadge Schools. We had lots of stuff. I never used that for a reason. When my husband was with the Portage County Sherriff Department, the SWAT team, they had many things that needed to be stored – we stored it is our regular built garage. We did not infringe on anyone – with buildings and lights. We just don’t want the zoning to change. We have a nice size garage. We have kept it up and our property. We don’t want to see any businesses or any of that. Barbara Neiger had sold a machine that makes parts to Mr Gibson. There was activity – much activity – much noise. And you see where we sit. And so if you don’t want to make the decision tonight – if you can reconsider this until I give you more information – I would appreciate it. But there are some issues. I have an envelope here that I can present to you – or the clerk. Law Director Raber: Can you identify what is in this before you hand it over? Mrs Barnhart: There is pictures of the property. Of the parts. Law Director Raber: Can you try to tell the Commission how this is relevant to this variance request? The variance request is for the square footage of the outbuilding. Just indicate how the pictures relate to the variance request. Mrs Barnhart: They relate to the variance as I can see that business starting up in a larger building. We have had the noise. We don’t want to see that happen. We can’t stop things once it happens – once it is done. Then people get a hardship. That is why I am here tonight. If you can see the trunk line – this is Mr Gibson’s map – not mine. You can check it with the Street Department. Law Director Raber: Madam, I just want to clarify, the trunk line is related to his actual variance request – or the building is going to be over top of that? Mrs Barnhart: we would not be able use it. Law Director Raber: Because of? Mrs Barnhart: Because of the building encroaching onto Ellen drive and because the trunk line. Law Director Raber: I think if you take a look at the map as he as proposed – or the layout as he has proposed it. He is outside of the setback that would be required for the drive. Adam Paul is here and he may be able to discuss that more thoroughly. Mrs Barnhart: I don’t know if anybody is even aware of the trunk line. Because we paid the assessments on it. It is in the records. Board of Zoning Appeals – March 13, 2018 5. Law Director Raber: Is it in the right of way? Mrs Barnhart: We pay the assessments for it. We could not build. Law Director Raber: Where is it located? Mrs Barnhart: It is located in the driveway. Which – over the years – fairness to them. There house was build out farther with steps and decks which even extends that out. But that is just one of the issues. Mr Paul: I am Adam Paul, from the Planning & Zoning Department, I would say, Madam, based on what we are seeing with the map you provided to the board tonight and Mr Gibson’s site plan as submitted, I would say his setback distances for the proposed building are compliant with the zoning code. I don’t see where they interfere with what you are referencing in this map as a sewer trunk line. Mrs Barnhart: : The other thing is we don’t understand why people can build so close on a street. Mr Paul: I am sorry – what is your question again? Mrs Barnhart: : Ellen Drive has a street light – all streets have a street light if there is a street there. We have that. The City placed our mail box clear down by his drive. So it is as a street. So much has Mr Riffle was getting their mail – he thought – because he thought that was their mailbox one time. Because it sits right there where Ellen Drive is. It has been a long time ago – Roger Lyons – he never thought this could be done – to where people could keep infringing on Ellen Drive. And the other thing – I know this is about square footage that we are concerned about – not just myself. It is just the two of us here tonight. Other neighbors thought there would be another meeting after this. They don’t want businesses either. Mr Paul: I think I understand you have different types of concerns. I am not sure how to what degree they apply here tonight as you mentioned with the accessory square footage request. I think as an existing parcel of record as it sits now – 815 Treat Blvd – that is considered Mr Gibson’s side property line. Right? There may be the survey of Ellen Drive that you are referring to… Mrs Barnhart: : I live on Ellen Drive. Mr Paul: Right. Exactly. But I think if it is an unimproved right of way that has not been set out for future development at this point I think he can still utilize that as a regular setback from that distance. Mrs Barnhart: : But we pay the same City taxes on Ellen Drive. Mr Paul: I am not sure that is applicable to an accessory square footage variance request. Mrs Barnhart: : And we had to pay for – the sewer line – kind of shows that also. Mr Paul: As you see based on his site plan – he is within the required setback distances at that proposed location if he were to build it there without needing a variance or relief from those distances. So if this were, for example, a 900 sq ft outbuilding, and he were to take out those other outbuildings there would not be a need for a variance request or a notification to anyone that he wished to do it. Because he would be zoning compliant. If that makes sense. It is really about the fact that our code states the accumulative square footage for accessory structures – you are allowed Board of Zoning Appeals – March 13, 2018 6. up to 900 square foot and if you wish to exceed that you would need to request a variance from this board. Mrs Barnhart: : But aren’t they bumping out their house? Their house is not attached to the garage at this point. And what they did – they took the garages they had and built them together. And so it is like one big garage. Mr Paul: I think the testimony we heard this evening from Mr Gibson is that structure is to be demolished and they are going to put a residential addition there. Mrs Barnhart: : and bump it out towards Ellen Drive. Mr Paul: Again – though compliant with the setbacks. So that gets reviewed for zoning conformity from property lines. The minimum distance from a property line that a structure can be. Mrs Barnhart: : And so there is a promise also there would be no businesses back in here? Mr Paul: Mr Gibson would have to attest to that on the record. Mrs Kuzior: I can ask him. We can ask him that question and he will have to answer under oath. He will say that he is or is not running a business. Then it will be on the record. It will be the same thing with the drainage that you are concerned about. We can make sure that it is our variance that we state that is has the proper drainage. We are voting on the size of the building and if he is compliant in all the places that you are concerned about the setback, the front and rear setback as well as the sides there isn’t anything else that we are considering except the size of the building. Mrs Barnhart: : and the size of the building – I know he has many activities and stores many things. I know a person does not stay in Boy Scouts forever. Your children grow up as mine did. Mrs Kuzior: We as a board cannot prevent people from having an outbuilding. Mrs Barnhart: : having a business Mrs Kuzior: We will ask him that under oath, if he is running a business. If you have a problem with it at some point you can call the City and tell the City they can check on it. There is nothing for our board. That is not anything we consider except if it is a larger building, usually larger than this, we ask if there is anything you want to run a business out of. Mrs Barnhart: : There is another one in Tallmadge, where they built a pole barn. It looked great – that is what they did. And built an apartment up above it. And it happens all the time. Mrs Kuzior: We cannot foresee that. All we can do if we see something looks really big, we can say what kind of things are you going to store in this? We try to prevent that from happening and we ask are you going to run a business. But that is all we can do. They are under oath. If they do run a business and someone reports it then the City comes and stops it. Mr Paul: Yes, Madam. I would reaffirm that anytime you have a concern about a use type certainly, contact to the Planning and Zoning Department. We respond to those complaints with Zoning Inspection and other ways if necessary to try to help address those concerns for the community. If you have concerns over there – be it there – or anywhere that you think there is a use that is not suited to that neighborhood, that area, that zoning type – that is part of what we do look to enforce and so we ask you contact our office. Board of Zoning Appeals – March 13, 2018 7. Mrs Barnhart: : Do you look into when people build up their yards and build up Ellen Drive to where it can cause the drainage to come down on people? Or are you saying that is our responsibility? Mrs Kuzior: No. His building will be inspected for the proper spouting, gutters and all those things so it won’t happen. That is the goal of the City is not to change the lay of the land or anything like that. Am I correct Adam? Mrs Barnhart: : Even if it already happened? Mr Paul: That is correct. We would look for proper grading and the typical things that would come along with a required site plan and application should he be approved for this variance. Mrs Barnhart: : Because Eric Blatt built an addition and he brought the dirt and filled in his yard and built up everything. And then here we are. It doesn’t even have to be a bad rain – and we have a lake in front of our yard. The water just runs down our driveway. So we have concerns. We have been there 40 years. We have worked hard in the community, in the schools. My husband, a deputy sheriff. So that is why I am here. I wanted to bring you my concerns. Thank you. Mrs Kuzior: Thank you. Mr Gibson please come to the microphone. Law Director Raber: Mrs Kuzior, if you would have an opportunity to review the photographs. Does someone have them collected? That he can take a look at. Please let Mr Gibson look at the photos. Mr Gibson: First and foremost – just to clarify something – I never have or never will be running a business out of my garage. And to clarify further, the machine I bought was an antique. I used it for personal use and I sold it to an antique collector. It was a very old, turn of the century, belt driven lathe. I no longer have, the pictures of the wood that were up against the fence – have been cleared up multiple years ago- which I never got a complaint about. And if I had, I would have cleaned it up. As far as the sewer line that she is concerned with, I have no problem at any give time if she needs to encroach on my property and take care of whatever business needs to be taken care of. The dirt I did add to my front yard, slopes the opposite direction from their yard. All I did was try to level my yard out a little bit to make is a little presentable and not dished in the front only. I have water problems too. I have a low spot in my backyard. I am not adding any dirt to that. It is just the way the yard sits. Where the outbuilding is going – all drains towards the north side of the property – towards Olde Orchard Estates. I have not heard any problems with drainage from those neighbors back there. So basically, if you look at that right there, if you zoom in. Right there where the trailers are at – all that is lower – a low area. One of the things that I did to help solve that problem was to plant bamboo that takes a tremendous amount of water away from the area. So that area in the center area is all low area. If you go to my front yard – everything from my driveway to the east slopes that direction towards the east and then goes towards the front ditch. There is a tremendous amount of water that collects and goes down both of our driveways just by natural flow. But my driveway has not changed ever since I’ve been in there. If there is anything else I can assist with I will be more than happy to. Mrs Kuzior: I saw on one of the pictures there were 50 gallon drums Can you explain why you have those. Mr Gibson: at one point in time I had a group of guys come over and we made 55 gallon drum smokers. So we actually bought them from a business for $ 10 and we made smokers as a fun project and I used a 55 gallon drum smoker to smoke brisket, pork, etc. But I do not run a business. Mrs Kuzior: and you have no intention of running a business? Mr Gibson: I have absolutely no intention. I have work enough, I don’t need to work anymore. Board of Zoning Appeals – March 13, 2018 8. Mrs Kuzior: and when you build your building you will make sure there is proper drainage, proper downspouts, gutters, Mr Gibson: absolutely. It is already in the plan from the builder to put gutters, downspouts. Mrs Kuzior: as well as the garage? Mr Gibson: as well as the garage to match the house. Mrs Kuzior: okay. Do we have any more questions from the board? Mr Schunk: the sewer line – is that a sanitary or storm water drainage sewer? Mayor Kline: She is referring to a sanitary sewer. I am unaware of that sewer back there. But if it is it is within Ellen right of way. According to the map she presented to us – that building is 10 foot off of proposed Ellen drive. So that is why he is not requesting a variance to the side setback. He is meeting that by the 10 foot – so that sewer line, I am assuming, without knowing where that sewer is, is within that 30 foot wide right of way. 15 on his property and 15 on her property. Mr Gibson: If I may, when we first moved in there was a proposed phase 2 of Olde Orchard Estates. The Municipal engineer wanted to purchase the back half of our property. I believe the City wanted the street to be stubbed straight through, so the road could continue if it were to happen. The builder decided not to. The remaining property was purchased that was left over for that project. I did not want to sell because I liked the lot that I have. So I know that project never came to fruition. It is my understanding the stubs in the back for the sewer and everything end at the street in the back. I do not know how they are in the front. It is my understanding from the information at that time the sewer is right at the bend of the road. Mayor Kline: I do believe there is a manhole back in the area – coming off of Ellen on that stub. It was designed back in the day to extend that all the way through to Treat. But until the property owners on Treat would sign off on that – the right of way does not go all the way back up to here. Mr Gibson: correct. That is what I remembered. But as I said, if Mrs Barnhart needs any access onto my property, into my driveway – I don’t have a problem. Mr Schunk: The logs that are back there – you mentioned – I was there this afternoon. That was a Boy Scout project. Mr Gibson: my sons are in the Boy Scout troop that I am a Scoutmaster to. Our troop has a hard time getting firewood for campouts. We did a lot of clean ups for people – so we had a lot of firewood. We would take the firewood to Camp Manitoc and stock all the cabins with it. There is certain way to transport firewood as per the ash bore beetle. We stay within those guidelines as far as leave no trace and things like that. I need to take this building down – we can stack wood elsewhere. It was a project – we are done with it. All my outbuildings will be taken down. The only outbuilding we will have is the proposed rebuild of my detached garage. Mrs Kuzior: do you plan on making your new outbuilding – the building setback away from the house – is that going to be matching your house? Mr Gibson: Yes. It is going to be a light tan. It will a 3 foot high wainscot in hunter green to blend into the environment. I tried to make it as neutral as possible. A few windows for daylight. I want to tear down an eyesore and put up a nicer looking building, the same size. Board of Zoning Appeals – March 13, 2018 9. Mrs Barnhart: : my question to you – when I was at your house – you made a comment about electricity. That you weren’t going to put electricity in. The reason I am concerned is – clarify the electricity in this building. Mr Gibson: I can’t afford to put electricity at this time. I can only afford to build the building. If I put in electricity in – it would only be to power a drill, a table saw, that sort of thing. Maybe a spot light for in the eave. That would be it. Nothing to run a business. At this point – I need a full storage building to put my boat, my trailer, Scout trailer, another trailer being made into a smoker trailer to use for Scouts and things like that. Other than that – just storage – for the house, etc. Mrs Kuzior: is there anyone else that would like to speak on behalf of this request – either for or against? No other questions from the board? Mrs Barnhart: : Is there a reason to table this tonight as requested by Mrs Barnhart? Mrs Kuzior: I think we have all the information that we need. It is 7:40 pm – I close the public hearing. Any further comments from the board? Mrs Bushey: : I went inside Mr Gibson’s garage – he has my vote as I think his garage is dangerous. He has one beam that is support that two piece garage. He has children from the Scouts that around there – look inside - it is a very dangerous building because of the one beam he installed in the garage. Safety reasons the garage should be demolished as he wants and go on to do something more safe for the kids, the Boy Scouts that come to his house, anyone else in his family. The garage is scary. He has my vote. Mrs Kuzior: Any other board members have any comments or questions? Okay I will entertain a motion. Mrs Bushey: I move to approve the variance request for Dustin Gibson for the property located at 815 Treat Blvd , Tallmadge, Ohio for the variance requested from Subsection 1154.03 (c) accumulative area for all accessory buildings shall not exceed 900 square feet; variance requested to allow 1,200 square feet upon the showing based on plans submitted and dated February 15, 2018 and the evidence presented: 1 That the strict application of the provisions of the Zoning Code would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of the Zoning Code. 2 There are exceptional or extraordinary circumstances or conditions applying to the property involved or to the intended use or development of the property that do not apply generally to other properties or uses in the same zoning district or neighborhood; 3 The granting of such a variance will not be of substantial detriment to the public interest or to property or improvements in such district in which the variance is sought and will not materially impair the purpose of this Zoning Code. Mrs Kuzior: I will second. Mrs Kuzior: Do we have any further discussion? No. Okay. Roll called. All members voted in favor (5-0). Your variance has been approved. Mrs Kuzior: The next item of business is for the property on 86 South Munroe Rd in Tallmadge. The applicant is William West. Are you present? Attorney Don Malarcik, representative for William was sworn in. Board of Zoning Appeals – March 13, 2018 10. Mrs Kuzior: State your full name and address for the record. Case No. 997 William West – Applicant/Owner 86 South Munroe, Tallmadge OH Variance requested from Permitted Fences and Walls 1181.04(a). Fences or walls erected within the minimum front yard setback shall not exceed 3 ½ feet in height. Requesting 7 foot fence constructed within the front yard setback. For review and determination. Mr Malarcik: Attorney Don Malarcik, 54 E Mill St, Akron 44308. Mrs Kuzior: Can you tell us why he is seeking this variance. Mr Malarcik: I will. I am here on behalf of Mr West and his request for this variance. He has placed an approximately 7 foot white vinyl fence coming off of his garage in the front yard extending approx. 14 feet to the east and about 6 feet to the west – forming a J shape. The code limits fences to 3-1/2 feet. The request for the variance in an effort to shield the trash recycles and trash bins from view. I think it is aesthetically more pleasing than having the cans sit out in the open. I don’t that there is too much of issue regarding a variance. Putting it on another location in the front yard isn’t really possible because of other setbacks that would encroach on where he is anticipating the fence to be. So the issue is solely the height of the fence. A 3-1/2 foot fence would not cover the receptacle bins. Mrs Kuzior: Thank you. The letter from William McCauley dated March 13, 2018 reference: 7 ft high “Trash Castles” in Front yards was read into the record. I will now open the Public Hearing. I did not have a chance to go out to the property. This fence has already been constructed, correct? Mr Malarcik: Correct. Yes. Mrs Kuzior: What is the size of the structure where he is putting the trash cans? Mr Malarcik: It extends 14 feet from the garage and around 6 feet towards the driveway and then 7 feet back to the house – forming a J. The color picture for this one shows the front part of the fence. Mr West’s wife hit that with her vehicle when the driveway was snowed over. So rather than fix it I said until we bring this issue up to the Board of Zoning Appeals. I thought you should know. Mrs Kuzior: I thought it was in construction. Mr Malarcik: it is in de-construction. Mrs Kuzior: It looks like we have some people that would like to speak. We have Gary Thompson. Would you come to the podium? Mr Thompson: My name is Gary Thompson and I live at 41 S Munroe, Tallmadge. Mr Gary Thompson was sworn in. Mr Thompson: First of all I don’t know why somebody would need something in the front yard. 14 feet x 6 feet shaped as a U to trash cans. I am a firm believer in curb appeal and having something Board of Zoning Appeals – March 13, 2018 11. like that in your front yard with the adjoining neighborhood is disgusting. And the 7 foot high that he is talking about – how high is this fence here and how high is this fence here. Is that 7 or 6 foot? Law Director Raber: Sir, if you can address the commission – they can ask questions later. Mr Thompson: There is fence here – to the left side of the property. There is fence here to the right side and my house is over here across the street. Is the 7 foot that he wants to put up – is it the same as what is here now? Or is that 6 feet as Tallmadge has a 6 foot limit I believe for fencing. Mrs Kuzior: we have a 3 foot limit in the front yard. Mr Paul: If I could clarify both of those. The maximum height on the sides and the rear is 7 feet with posts to extend no more than 6 inches above that maximum height. The maximum height within the front setback area is 3-1/2 feet. Mr Thompson: is there a reason why it has to be 14 x 6 like a big U. Can’t he just put his trash cans behind the fence against the right hand side of his house / garage. Mr Paul: I think that would be a question for the applicant to answer. Mr Thompson: for curb appeal – that is terrible. Law Director Raber: You need to address the commission. Mrs Kuzior: Then we can ask the applicant. Mr Thompson: Is there a reason why the trash cans can’t be put elsewhere for curb appeal? Mrs Kuzior: That is another case where we can only vote on what is before us and that is the height of the fence. That is what we are voting on. We can’t address where someone puts their trash cans. We can just vote on the height of the fence. Mr Thompson: That is all I have to bring up. Mrs Kuzior: Is there anyone else in the audience that would like to speak in favor of or against this request? Please come up and sign the paper. Mr Paul: Madam Chair – I would like to clarify the last point that you made which is correct to that Mr West could construct a fence there in that orientation – at that position. It would have to be maintained at 3-1/2 feet in height. Mrs Kuzior: Right. Mr Sirilla: My name is George Sirilla. I live at 684 Timothy Drive. Mr George Sirilla was sworn in. Mr Sirilla: : My first comment is I drive down S Munroe frequently during the day and it is such a pretty view – wide open – green trees in season – and I a fence of that size would be obstructive. It would definitely destroy the view. I think I missed something. Was a purpose for the fence stated? Mrs Kuzior: Yes, he is putting his trash cans behind there. That is the reason we were just told for the height. Board of Zoning Appeals – March 13, 2018 12. Mr Sirilla: : My concern is that is could turn into a construction area. As I drive by everyday, I notice there is a big trailer in the yard and that is a concern. Even for trash cans, I question the necessity of a 7 foot fence, as I said before it certainly would destroy the view looking down S Munroe. Thank you. Mrs Kuzior: Mr Malarcik please step to the podium. Mr Thompson is wondering why he is choosing to put the trash cans in the front. Mr Malarcik: That is the easiest way to get them to the curb – that is the short answer. As I think we said he can put a 3-1/2 foot fence there and keep the trash cans there. I don’t know that where he keeps the trash cans is why we are here – it is the height of the fence. Mrs Kuzior: I know but he presented that question. And you are not the homeowner, but you are here to represent him, so Mr Malarcik: I understand. Mrs Bushey: Did he build the fence or was there a professional company that built it? Mr Malarcik: I don’t know that. Mr Schunk: Is the proposed fence the same as the rest of the fence around the back of the properties? Mr Malarcik: Yes. It matches that white vinyl. Mrs Kuzior: So it is 7 feet then. That was another question. Mr Malarcik: yes. Mr Schunk: are these the standard 3 or 3-1/2 foot trash cans that the City or the contractor for the City provides? The kind the dumpster has to come in and lift them up. Mr Malarcik: Yes. Mr Schunk: Mr Mayor how tall are those? Mayor Kline: I will go downstairs and measure one. Mr Schunk: They appear to be about 3 feet tall. Maybe a little more than 3 feet. Why do we need the extra of feet on top of the fence if the trash cans are only 3- 3-1/2 feet tall – why can’t we just use a 3 foot fence? Mr Malarcik: I think it is as tall as an average Boy Scout, I would say. (Laughter) Mr Paul: Madam Chair, it is worth clarifying for a couple members of t he public that came in tonight to note it is not a fully enclosed area. I don’t think that the request is that he fence and enclose front area or part of that yard with a 7 foot high fence. It is what you see here that these 2 panels account for the 14 feet that come from the side of Mr West’s garage toward the front setback line. Mr Malarcik: That is correct, Mr Paul. Mr Gregg: So if it was 3-1/2 foot it meets the code for the setback? Board of Zoning Appeals – March 13, 2018 13. Mr Paul: That is correct. Fences can go up to and along common property lines. It is within this first 50 foot of the property that it has to be 3-1/2 foot. Mr Victor: Mr Malarcik, would this present a hardship if this was a 3-1/2 foot fence even if it did not fully hide the trash cans? Mr Malarcik: Well, to the extent he would have to take it down and redo it and we don’t know that it would cover the full trash cans that would be the hardship – not a tremendous hardship. Mr Victor: but if the variance is not granted he is going to take it down anyway. Mr Malarcik: Right, yes. Mr Schunk: What about the color of the fence? The gentlemen that spoke about it first said it would obstruct the view. It looks like the house is now brown color – what if the fence were to match the house? Would that be less offensive? Mayor Kline: Madam Chair, the trash can is slightly under 4 foot. Mr Schunk: So that would be over the fence. Mayor Kline: But if you lift the lid up it would be probably 7 foot. Mr Schunk: How do you get the trash dumping truck back there. Mr Malarcik: You take the cans – wheel them out to the street. The truck does not come up to the garage. And to answer your question Mr Schunk, I believe what was done – there is a pool in the back yard and there is a fence requirement to block that area off , so to keep it consistent, it all matches. The fences that go along the side of the house. Mr Schunk: Yes, but the fence that covers the garbage cans doesn’t really match up with the fence that protects the swimming pool area. Does it? Mr Malarcik: I think it does – that’s the same color and fabric of white vinyl. Mrs Kuzior: is there anyone in the audience that would like to speak on behalf of this request? In favor of or against? Okay, I will close the public hearing at 8:02 pm. Do I have any comments or questions? No. Mrs Kuzior: I do agree with Mr Schunk, as far as the color, I know we are not voting on that. It would be more appealing to the neighbors if the fence, if we approve the fence for 7 feet – if it were brown to match the house. I don’t know how we can say that. I would prefer that the fence be 3-1/2 feet to meet the zoning code to match the zoning code myself. Mr Victor: I would have to agree with that basis on although it meets the code to have the fence out there – looking up and down S Munroe – there doesn’t appear to be anything else in the front yards. It doesn’t mean that people could not do that – but that 3-1/2 foot it would be acceptable because it meets the code. At 7 I have some issues with that. Mrs Kuzior: would someone like to make a motion? Board of Zoning Appeals – March 13, 2018 14. Mr Schunk: I will make a motion to approve the variances requested from section 1181.04 (a) Permitted Walls and Fences – all fences or walls shall be within the minimum front yard setback shall not exceed 3-1/2 feet. Mrs Kuzior: Second? Mrs Bushey: second Mrs Kuzior: do we have any further discussion? Anyone? Mr Schunk: I move to approve the variance request for William West for the property located at 86 S Munroe Rd, Tallmadge, Ohio for the variance requested from Subsection 1181.04 (a) ; fences or walls erected within the minimum front yard shall not exceed 3-1/2 feet in height variance requested to allow zoning 7 feet in height upon showing that are based on plans submitted and dated February 15, 2018 and the evidence presented: 1 That the strict application of the provisions of the Zoning Code would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of the Zoning Code. 2 There are exceptional or extraordinary circumstances or conditions applying to the property involved or to the intended use or development of the property that do not apply generally to other properties or uses in the same zoning district or neighborhood; 3 The granting of such a variance will not be of substantial detriment to the public interest or to property or improvements in such district in which the variance is sought and will not materially impair the purpose of this Zoning Code. Mrs Bushey: second Roll called. Mrs Bushey: No. I am voting no because in going over those I cannot find the hardship of this fence. Motion did not pass with the following vote (5-0). Mrs Kuzior: Variance was not approved. Do I have a motion to adjourn? Mrs Bushey: so moved. All members voted in favor (5-0). Meeting adjourned at 8:10 p.m. All members voted in favor (5-0). Meeting adjourned at 8:10 p.m. Respectfully submitted, ______________________________________ ______________________________________ Regina Conti, Secretary Richean Kuzior, Chairwoman