LAFAYETTE TOWNSHIP BOARD OF ZONING APPEALS

Special Meeting/Public Hearing for Variance Application

Submitted by Lafayette Township Fire Department

5834 Heather Hedge Road, Chippewa Lake, Ohio

May 19, 2009 at 7:00 p.m.

6776 Wedgewood Road, Medina, Ohio

 

 

Chair Andrea Kacinari called the meeting to order at 7:03 p.m.  Roll call indicated five members of the Board of Zoning Appeals were present:  Dave Parker, Mark Riffle, Andrea Kacinari, Lisa Takach and David Jenkins.  Athena McAfee (alternate) was also present.  Others present were Lafayette Township Trustee Lynda Bowers, Assistant Fire Chief Brad Winter, Marla Meszar (3611 Pearl Road, Medina) and Brian Appleby (5164 Carsten Road).

 

Minutes

Upon motion by Dave Parker, duly seconded by Lisa Takach, the minutes of the April 2, 2009, meeting was unanimously approved.

 

Correspondence

The following items were received and distributed to the board members:

(1)    Zoning Inspector 2009 Zoning Permits report through 4/29/09

(2)    May 2009 Grassroots Clippings newsletter

(3)    OPC NE Ohio Planning & Zoning Workshop flyer for the 6/5/09 workshop

(4)    Map of Lafayette Center or Whittelsey as it appeared in 1897 (Credit:  1897 Atlas of Medina County) (map copy courtesy of Jack Chester)

 

Public Hearing

Chair Kacinari opened the public hearing relative to the Application for Zoning Variance submitted by Lafayette Township Fire Department requesting a variance from Sections 303.03 B & C, 303.03 E, 303.03 F and 303.03G for property at 5834 Heather Hedge Road, Chippewa Lake, Ohio (parcel #020-10D-38-145).

 

The zoning secretary read into the record the Certificate of Mailing indicating that the letter notifying the adjacent property owners of tonight’s hearing was mailed on 5/6/09.

 

The Chair ascertained that the Board members had the complete application and that it had been reviewed by each of them.

 

Those persons sworn in by Chair Kacinari for purposes of this public hearing included:  Trustee Lynda Bowers (applicant on behalf of the Lafayette Township Fire Department), and Marla Meszar.  

 

Lynda Bowers – The Lafayette Township Fire Department has a station on Heather Hedge Road that has for probably 30 years had a little shed where they have equipment outside the back doors up against the fence.  A few months ago that shed was torn down because it was significantly deteriorated.  Tearing it down and replacing it with a shed on the same footprint would not be a problem and would not require a variance.  However the shed chosen to replace it with is 4’ longer and that’s why we are here.  Because of the configuration of the property and some issues the property had it has taken us awhile to get here.  There was an alley that went through the middle of the property that had been vacated years ago and half of that went to the property owners on each side.  The difficulty was that when the township acquired that property back I think in the late 60’s or early 70’s the quit-claim wasn’t handled properly through an estate and the township had to go back and clean all of that up.  There was a portion that the alley vacation process missed so the County Commissioners had to go through the entire process again.  Everything is squared away now and the township legally owns all of the property and it goes right down this corner where the shed has to go.  To put the shed anywhere else on the property doesn’t make any sense.  The firemen need to have quick access to what’s in there and anywhere else you put the shed gets in the way of the safety vehicles turning around.  It’s basically just replacing what was there.

 

Parker – What’s the distance of the back of that shed to the property next door?

 

Bowers – There’s a fence there.  You have a site plan that actually has the measurement on it.  Also the photograph that you have shows the old shed on the property and it’s pretty close to the boundary line.  The application states exactly what the variance request is (application papers were reviewed).  From the rear yard there is a 50’ setback and a 49’ variance is requested.  The existing shed used the fence as the line and they want to put the new shed back exactly where the other one was so it would be a 49’ variance.

 

Takach – Where does the extra 4’ come in, is it toward the property line or into the parking lot area?

 

Bowers – It’s lengthwise going to the west into the parking lot.

 

Takach – Is there a reason why it’s 4’ bigger?

 

Bowers – What was explained to me was that they bought a standard building that was already constructed and that’s the size it was and I’m sure the extra 4’ might come in handy.  Is that a fair statement, Brad?

 

Brad Winter – Yes.

 

Bowers – That’s the township assistant fire chief Brad Winter who just said yes.

 

Chair Kacinari – Any other questions?  Did anyone want to speak on behalf of the applicant?  Is there anybody here for any opposition?  Does anybody else have any other questions or anything that applies to the Duncan Factors that they would like to state?

 

Parker – My only concern is that it is sitting on the property line, which is the fence I suppose.

 

Bowers – It’s 1’ off which is where it’s been for all those years.

 

Parker – Any nobody has complained over the years.

 

Bowers - Actually we got a complaint last year when we went in and killed all of poison ivy that had been growing on the shed, as they wanted the ivy to grow back up.

 

Marla Meszar – I live at 3595 Pearl Road, Medina, Ohio, but I own the property at 5833 Longacre Lane.  We never complained about anything being killed along the fence line and my property butts up against it.  I don’t have an issue with the fire department’s getting an additional 4’.  It’s going back on the same pad that it was on but just a little larger and I don’t have an issue with it.

 

Chair Kacinari – Anything else to be discussed?

 

Takach – I find Duncan Factor #2 to be applicable – I don’t think that the variance is substantial in nature.  Obviously adjacent property owners that have appeared today do not have a problem with it so I believe Duncan Factor #3 is satisfied.  As to Duncan Factor #6 obviously there is no other alternative due to safety concerns.  Relative to Duncan Factor #7 after reviewing the purposes and intent of the local commercial district, which is for service and administrative establishments to serve the needs of the residents, obviously helping the fire department provide some additional storage would satisfy this factor.

 

Chair Kacinari – What about Duncan Factor #4?

 

Takach – Yes, that would apply also for safety reasons.

 

Chair Kacinari – I think so.  Is everybody in agreement or does anybody think anything else applies or doesn’t apply?

 

Mark Riffle – I agree with it.

 

Dave Parker – I agree with it.

 

Dave Jenkins – I agree with it.

 

Lisa Takach – I obviously agree with it

 

Chair Kacinari – I agree with it also.

 

Mark Riffle – I make a motion to approve the zoning variance as written in the application: 

 

A 43-ft. variance from Section 303.03 B & C (175 ft. continuous feet; front & width).  The Township owns 215 continuous feet, however it is three separate lots – 53 ft., 132 ft. and 30 ft. vacated alley = 215 ft.;

A 24-ft. variance from Section 303.03 E (25 ft. side yard);

A 49-ft. variance from Section 303.03 F (50 ft. rear yard);

A 99-ft. variance from Section 303.03 G (100 ft. from residential use).

 

David Jenkins - I second the motion.

 

Roll Call Vote:  Mark Riffle                   - yes

Dave Parker                 - yes

                                    David Jenkins               - yes

                                    Lisa Takach                  - yes

                                    Andrea Kacinari           - yes

                                   

The motion passed with the variance being granted as per the application.  The public hearing was closed.

 

The applicant was advised that under the law the public has thirty days in which to appeal the decision.  At such time as the decision form has been prepared and signed and the minutes approved a copy will be provided to the applicant.  The applicant can then apply for a building permit from the zoning inspector.

 

Announcements

The Board agreed that the meeting to sign minutes would be scheduled for Thursday, May 28, 2009, at 7:15 p.m. at the Lafayette Township Hall.

 

The next regular quarterly meeting of the BZA is scheduled for Thursday, July 2, 2009, at 7:00 p.m.

 

Adjournment

Upon motion by Mark Riffle, seconded by Andrea Kacinari, it was unanimously approved that the meeting be adjourned.  Meeting adjourned at 7:30 p.m.

 

 

Marlene L. Oiler, Certified PP, PLS

Lafayette Township Board of Zoning Appeals Secretary  

 

 

(Note:  Minutes approved on 5/28/09.)