MINUTES

BOARD OF ZONING APPEALS

TUESDAY, FEBRUARY 2, 2010 – 7:00 PM

Board Members Present: Dale Riggenbach, Chairman

Gary Brahler, Vice Chairman

Pan Aslanides, Secretary

Floyd Fernandez

Bill Ehlers

Alternate: Ed Metzger

Trustee(s) Present: Allen Gress

Zoning Inspector: Keith Lasure

Township Secretary: Sharon Shaub

Purpose:

Appeal #560 – Smith Development Corporation of 6360 Promler Ave. NW, Canton, Ohio is requesting a variance for a new residence to be built on a 7,200 square foot lot located at 4114 Chester Ave. NE, Louisville, Ohio instead of the required 12,000 square feet, a setback of 30’ rather than the required 40’ from the front yard depth and a setback of 9’ instead of the required 10’ from the side yard width subject to Section 702.3 Minimum Lot and Yard Requirements of the Nimishillen Township Zoning Resolution.

Chairman Dale Riggenbach opened the meeting at 7:00 P.M. and introduced the Board of Zoning Appeals, Zoning Inspector Keith Lasure, Township Secretary Sharon Shaub, and Trustee Allen Gress. Mr. Riggenbach swore in everyone in attendance by asking them to swear that the information they were about to present, either in oral or written form, was true and accurate to the best of their knowledge. The people responded by stating, “I do”.

Case: Appeal #560:

There was some confusion on the size of the lot located at 4114 Chester NE as to whether or not it was 6,000 sq. ft. or 7,200 sq. ft. Mr. Lasure explained the lot was vacated and is indeed 7,200 sq. ft. but the paperwork showing it was vacated was not provided by the builder.

Mr. Smith with Smith Development Corporation of 6360 Promler NE, Canton, stepped to the podium and said he talked to Frieda in the map office at the County Recorders office. She confirmed verbally the lot is 60’ x 120’ and there was an alley that was vacated but it was not re-platted and added.

February 2, 2010 Minutes (Cont.)

After much discussion, Mr. Smith said he would have the property resurveyed and provide the proper paperwork.

With no further questions from the Board, no correspondence received at the township office and no one to speak either for or against the request for a variance for a new residence, Mr. Riggenbach asked for a ballot vote under the condition that a permit not be issued to Mr. Smith until the proper paperwork is provided.

GARY BRAHLER MOTIONED TO APPROVE THE VARIANCE FOR A NEW REISDENCE TO BE BUILT ON A 7,200 SQ. FT. LOT LOCATED AT 4114 CHESTER NE INSTEAD OF THE REQUIRED 12,000 SQ. FT. ON CONDITION THAT THE LOT IS 60 X 120 (PARCEL #33-07869, LOT 132) AND A VARIANCE FOR A SETBACK OF 30’ RATHER THAN THE 40’ FROM THE FRONT YARD DEPTH AS REQUIRED AND A SETBACK OF 9’ FROM THE SIDE YARD INSTEAD OF THE REQUIRED 10’ SUBJECT TO SEC. 702.3 MINIMUM LOT AND YARD REQUIREMENTS OF THE NIMISHILLEN TOWNSHIP ZONING RESOLUTION SECONDED BY PAN ASLANIDES. ALL VOTED YES - MOTION CARRIED

Ballot vote went as follows: Dale Riggenbach YES

Gary Brahler YES

Pan Aslanides YES

Bill Ehlers YES

Floyd Fernandez YES

Chairman Riggenbach stated the request for the variance was APPROVED and instructed Mr. Smith to make arrangements to meet with Mr. Lasure to provide the proper papers showing the lot was vacated and pick up his permit when all requested paperwork has been provided.

Old Business / New Business: There was no old business or new business to discuss.

Approval of Minutes:

GARY BRAHLER MOTIONED TO APPROVE THE WRITTEN MINUTES FOR JANUARY 12, 2010 AS PRESENTED SECONDED BY FLOYD FERNANDEZ. ALL VOTED YES - MOTION CARRIED

February 2, 2010 Minutes (Cont.)

Adjournment:

FLOYD FERNANDEZ MOTIONED TO ADJOURN AT 7:20 PM SECONDED BY PAN ASLANIDES. ALL VOTED YES - MOTION CARRIED

__________________________________

Dale Riggenbach, Chairman

__________________________________

Pan Aslanides, Secretary

Zoning Board of Appeals Minutes Folder: 2010, February BZA Minutes—Variance Residence 4114 Chester.doc