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                                                                       Board of Zoning Appeals Meeting
                                                                                      July 30, 2020
                                                       ZA-01-20 (Continuance) ZA-03-20, ZA-04-20, ZA-05-20

 

Members/Attendance:              X         Jim Burgham
                                                       X         Michael Johnston
                                                       X         Ricky Morrison
                                                       X         Albert Sciulli
                                                       X         Robert Durick
                                                     N/A      John Grahovac
                       
Also in attendance:                   X         Bob Monus, Zoning Inspector
                                                      X         Michele Richards, Recording Secretary

Mike Johnston called the meeting to order at 7:00 p.m. 

1st Order of Business:

Mike Johnston stated that the first order of business is to approve the minutes from the meeting held on February 27, 2020.  Jim Burgham made a motion to approve the minutes from the February 27, 2020 meeting.  Bob Durick seconded the motion. 

Voting:

Yes                  Jim Burgham
Yes                  Bob Durick     
Yes                  Mike Johnston
Yes                  Al Sciulli
Yes                  Ricky Morrison

Motion carried.

2nd Order of Business:

Case #ZA-03-20 – This is a variance request by Mark Pertz to obtain relief from maximum square feet and height requirements to construct a (1,200) one thousand, two hundred square foot accessory building.  The dimensions of the structure will be (30’ x 40’) thirty by forty feet with a height of (19’ 4”) nineteen feet four inches, and the appellant also requests to retain an existing accessory building which is (70) seventy square feet.  The property is located at 1900 Read Street, known as Parcel #39-079-0-046.00-0, lot number 317 and is located in Poland Township, Lowellville, Ohio, in an (R-1) Residential-1 zoning district.

Items included in packet submitted:

  1. Zoning Permit Denial Form
  2. Application for Variance
  3. Letter of Intent
  4. Property Description (Zoning)
  5. Property Description (Auditor)
  6. Zoning District Map
  7. Property Site Plan
  8. Set of Building Specs
  9. Aerial View Maps (2)
  10. Set of Building Specs
  11. Warranty Deed
Mark Pertz
1900 Read Street
Lowellville, Ohio

Pertz stated he did not include any pictures with his packet because they were making some upgrades to their home (roof, windows) but they have decided the color will be a basic gray with a burgundy skirt.  He also stated that the proposed height will not conflict with the neighbor’s properties height.  He stated he would like to retain the existing shed as well.

Mike Johnston asked if anyone would like to speak in favor of the request.  No one responds.  Mike Johnston asked if anyone would like to speak against the request.  No one responds.

Jim Burgham stated the property is large enough and he has no issue with the second shed.  Mike Johnston agreed with Burgham.  Ricky Morrison states he also agrees and no neighbors are present to object.

The following motion was made:

Motion

Ricky Morrison made a motion to approve the variance request for a detached accessory building with a maximum square footage of one thousand two hundred (1,200) square feet, with a height of nineteen feet four inches (19’ 4”) to the peak of roof, and to retain the existing accessory building.  Jim Burgham seconded the motion.

Voting:

Yes      Ricky Morrison
Yes      Jim Burgham
Yes      Al Sciulli
Yes      Bob During
Yes      Mike Johnston

Motion carried.

3rd Order of Business:

Case #ZA-01-20 – This is a continuance of a previous hearing to request a variance by Igor Milosevic to obtain relief from minimum front yard setback on the secondary street (Mulberry Walk) of their corner lot located at 7335 Cobblers Run.  The Board requested a modified plan to meet the changes they seek.  Appellant wishes to construct a garage attached by a breezeway twenty wide by twenty four feet deep (20w x 24d).  This garage shall project beyond the minimum front yard setback requirement which is 20 feet from the front property line on the secondary street.  This lot is known as parcel number 35-042-0-076.00-0, lot number 77, and is located in Poland Township, Poland, Ohio, in a Residential-1 (R-1) zoning district.

No packet of information submitted, however, an updated site plan showing new setback was sent to the Board Members.

 Igor Milosevic
7335 Cobblers Run

Milosevic stated he has provided a modified plan with a five (5) foot setback off the property line.

Mike Johnston asked if anyone would like to speak in favor of the request.  No one responds.  Mike Johnston asked if anyone would like to speak against the request.  No one responds.

Jim Burgham stated the information provided what was the Board had requested.  Mike Johnston agreed.

The following motion was made:

Motion

Jim Burgham made a motion in Case ZA-01-20 to allow for construction of an accessory building with a reduced setback to five (5) feet.  Mike Johnston seconded the motion.

Voting:

Yes      Jim Burgham
Yes      Mike Johnston
Yes      Al Sciulli
Yes      Bob Durick
Yes      Ricky Morrison

Motion carried.

4th Order of Business:

Case #ZA-04-20 – This is a variance request by Michael and Leslie Piccirillo to obtain relief from maximum square feet and height requirements to construct a (1,008) one thousand and eight square foot accessory building.  The dimensions of the structure will be (36’ x 28’) thirty-six by twenty-eight feet with a height of (23’) twenty-three feet.  The property is located at 6173 Christina Court known as Parcel #41-104-0-036-00-0, lot number 4, and is located in Poland Township, Lowellville, Ohio, in an (R-1) Residential-1 zoning district.

Items included in packet submitted:

  1. Zoning Permit Denial Form
  2. Application for Variance
  3. Letter of Intent
  4. Property Description (Zoning)
  5. Property Description (Auditor)
  6. Zoning District Map
  7. Property Site Plan
  8. Aerial View Map
  9. Photo of Style of Proposed Building
  10. Warranty Deed
Michael Piccirillo
6173 Christina Court
Lowellville, Ohio

Piccirillo stated there is an old shed located on the property where the new building will be built that will be removed.  The new building will be a significant improvement on the property.

Mike Johnston asked if anyone would like to speak in favor of the request. No one responds.  Mike Johnston asked if anyone would like to speak against the request.  No one responds.

Jim Burgham stated that there are large lots and accessory buildings in the neighborhood and the proposed building does fit.  Mike Johnston stated he agrees, as did Al Sciulli and Bob Durick.

The following motion was made:

Motion

Bob Durick made a motion in Case ZA-04-20 to grant the variance request to construct an accessory building with a height of twenty-three (23) feet and a maximum square footage of one thousand and eight (1,008) square feet, as per the plans submitted.  Mike Johnston seconded the motion.

Voting:

Yes      Bob Durick
Yes      Mike Johnston
Yes      Al Sciulli
Yes      Jim Burgham
Yes      Ricky Morrison

Motion carried.

5th Order of Business:

Case ZA-05-20 – This is a variance request by Steve Robinson to obtain relief from minimum front yard setback requirements on the primary street (Edgewater) of their corner lot, and also the same for the secondary street (10th Street).  The appellant wishes to construct a porch on both the front and side of his home located at 2216 Edgewater Drive.  This lot is known as parcel number 35-003-028.00-0, lot number 244 and is situated in Poland Township, Poland, Ohio, in a Residential-1 (R-1) zoning district.

Items included in packet submitted:

  1. Zoning Permit Denial Form
  2. Application for Variance
  3. Letter of Intent
  4. Property Description (Zoning)
  5. Property Description (Auditor)
  6. Zoning District Map
  7. Aerial View Map
  8. Abutting Properties
  9. Proposed Site Plan
  10. Photos of property
  11. Warranty Deed
Steve Robinson
2216 Edgewater Drive

Robinson stated that the purpose of the addition (porch) is to gain better access to the house. 

Bob Durick stated that he has concerns with a corner lot having a large porch; however, the house to the north of the appellant has a larger porch than what is being requested.

Jim Burgham stated that on the Edgewater side of the road if the porch is enclosed it may stick out further than any of the other houses.  He stated he does not have an issue with a flat porch.  Burgham referred to Section 8.09 and stated that a porch that the appellant is requesting, without being covered, is allowed ten feet into the setback area.  If the house was within setback, he would not be asking for any relief.

Burgham asked the appellant if he is seriously considering enclosing the porch.  He stated a roof is one thing, but when you build a wall and enclose it, it will obstruct being able to look up and down the main road.  He is concerned about the setback on the main road.  Robinson stated he has no plans to enclose the porch, and does plan to add a roof next year.

Al Sciulli asked if the appellant would have to come back for another variance when he does add the roof.  Mike Johnston stated he is on the fence about it.  He is okay with the porch not being covered, but would like to see a plan of what the roof would look like.  He feels comfortable with the appellant seeking a second variance for that.  Robinson stated he does not mind coming back, as he is not sure if he will put the roof on next year or after that.

Mike Johnston asked if anyone would like to speak in favor of the request. No one responds.  Mike Johnston asked if anyone would like to speak against the request.  No one responds.

Ricky Morrison stated he has no issues with the variance request.

The following motion was made:

Motion

Jim Burgham made a motion in Case ZA-05-20 to grant the variance request to allow for a fifteen foot eight inch (15’ 8”) primary street relief of setback, and on the secondary street relief of eleven feet seven inches (11’ 7”) to construct an uncovered porch.  Ricky Morrison seconded the motion.

Voting:

Yes      Jim Burgham
Yes      Ricky Morrison
Yes      Al Sciulli
Yes      Bob Durick
Yes      Mike Johnston

Motion carried.

Public Comments:

Ed Yasechko
10215 Struthers Road
New Middletown, Ohio

Yasechko approached the Board in regard to a zone change for property on the corner of Western Reserve Road and Route 170.  The Board advised him that this Board does not handle those issues, and referred him to the Zoning Commission Board.

Meeting adjourned at 7:50 p.m.

Submitted by:

Michele Richards/Recording Secretary

cc:        Trustees (3)
             Board of Zoning Appeals (5)
             Zoning Commission (6)
             Paul. Canter, Fiscal Officer (1)
             File (1)