Minutes: November 14th, 2012


NOVEMBER 14, 2012


Tim & Lynn Schmidt
Matt Montowski

The Pledge of Allegiance was recited. Chairman Bryan Baugh called the meeting to order at 7:30 p.m. Board members in attendance were Bryan Baugh, Sandy Erwin, Tom Anslow, Doug Blackburn, and Jack DeVore. Alternates Jack Zeigler and Shelly Stively were also in attendance. The zoning inspector, Walter Wehenkel, and Township Trustee, Matt Montowski were present. Mr. Baugh read through the procedure to be followed for the meeting. There were no questions.

Mr. Baugh asked the secretary to read the case that had been tabled at the October 10, 2012 meeting.

Case # 543755

This case was submitted by Gregory and Stephanie Yarbrough who requested it be tabled at the October meeting. Chairman Baugh asked for a motion to remove it from the table. Jack DeVore made a motion to remove it from the table with Doug Blackburn seconding the motion. The motion passed. Walter Wehenkel stated the Yarbrough had determined after their survey that the proposed building could be attached to the home so the variance was no longer necessary. They requested it be withdrawn. Chairman Baugh stated the Board would honor that request and Case #543755 was considered withdrawn.

Case # 544609

Sandy Erwin read the information concerning case # 544609. The request was submitted by Tim and Lynn Schmidt and would allow an area variance reducing the side yard setback (considered a front yard setback for a corner lot) from twenty-five feet to twenty-four feet, reducing the rear yard setback from twenty five feet to twenty-two feet and ten inches, and increasing the lot coverage from thirty-six to thirty-seven percent. The lot is a vacant corner lot and the variances will allow for the construction of a new home on the lot. All notices were delivered and fees paid. There is no correspondence. Bryan Baugh asked if any Board member had a conflict with this case. No Board member did.

Bryan Baugh asked for the representative of this case to stand and be sworn in. Tim Schmidt identified himself as the owner and was sworn in by Bryan Baugh. Mr. Schmidt stated he and his wife relocated to the area from Mansfield. They had purchased the lot about four years ago for the retirement home, but employment opportunities caused their move earlier than expected. They have been staying at their summer home in Gem Beach and are trying to sell their home in Mansfield. They decided to proceed with plans for their new home. The contractor designed the home and thought it would fit within the lot.

The Schmidt’s submitted their plans to the homeowners association of the subdivision for approval. Jack Zeigler stated the homeowners association identified the setback issue and noted it was over by a slight amount as it was a corner lot. The Schmidt’s tried to redesign the home by reducing the size of the garage and the length of the home itself, but could not accomplish everything they wanted and still be within the established setbacks for a corner lot.

Bryan Baugh asked Jack Zeigler if the homeowners association had approved the plans. Mr. Zeigler stated the plans as submitted to the Board were approved by the association and board of directors. Bryan Baugh asked for confirmation of the variance request for the rear. Sandy Erwin stated it would allow reducing the rear yard setback from twenty five feet to twenty-two feet and ten inches.

Bryan Baugh asked for questions or comments from the Board members. Jack DeVore stated he did not see anything that stood out as an issue. Doug Blackburn had no comments at the time. Bryan Baugh referred to the plans and asked Mr. Schmidt how a specific area of the home would be used. Mr. Schmidt stated the area in question was a sunroom. Mr. Baugh asked about outside access or steps. Mr. Schmidt stated they come off the sides and not off the rear. Mr. Baugh explained that steps are considered part of the structure and must fall within the setback lines. Mr. Schmidt stated the steps would not be a problem. Mr. Baugh asked about the other side of the home. Mr. Schmidt stated that was the area where the bedroom would be located and there were only windows on that side.

Tom Anslow asked if the deck was on the west side. Mr. Schmidt stated that was correct. He added there is a deck off the north side as well. Tom Anslow asked if it was a raised deck. Mr. Schmidt stated it was, but that it fell within the setback. Mr. Anslow asked if it was two hundred eighty-eight square feet. Mr. Schmidt stated that was about right. Mr. Anslow asked if it was included within the lot coverage calculation.
Mr. Schmidt stated that it was included.

Mr. Blackburn asked if the setback on the west side is considered a side yard or a rear yard. Jack Zeigler responded that the address is Hatteras Drive so the west side is considered the rear yard. Noreaster Club Drive would be another front yard. Tom Anslow stated it is a one foot variance request on Noreaster Club Drive and about a one and one-half foot rear yard variance. Neither request bothers him.

Bryan Baugh closed the public hearing portion of the meeting. He requested Sandy Erwin read the Finding of Fact submitted by the Schmidt’s. Sandy Erwin read the responses to each of the seven questions on the Finding of Fact and the Board concurred with the applicant’s responses to each question.

There being no other comments, Chairman Baugh asked for a motion on case # 544609. Jack DeVore moved to approve the area variance application as presented. Doug Blackburn seconded the motion. The motion passed unanimously. Mr. Wehenkel reminded the Schmidt’s that their zoning permit could not be issued until after the December 12th meeting of the Board.


Chairman Baugh asked if there were any correction to the minutes that were mailed out to the members. Hearing none, he asked for a motion to approve the minutes of the October 10, 2012 meeting as presented. Doug Blackburn so moved and his motion was seconded by Sandy Erwin. The motion was passed.


Mr. Wehenkel reminded the Board members that the zoning training session will be held on Wednesday, November 28, 2012 in the Administration Building from 5:30 to 7:00 p.m. Pizza and pop will be provided by the Trustees.


Doug Blackburn moved to adjourn the meeting. Jack DeVore seconded the motion. The meeting was adjourned at 7:55 p.m.

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Bryan Baugh Sandra Erwin