PLAIN TOWNSHIP BOARD OF ZONING APPEALS PLAIN TOWNSHIP HALL 2600 EASTON STREET NE, CANTON, OHIO MINUTES OF REGULAR MEETING DECEMBER 1, 2004

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1 PLAIN TOWNSHIP BOARD OF ZONING APPEALS PLAIN TOWNSHIP HALL 2600 EASTON STREET NE, CANTON, OHIO MINUTES OF REGULAR MEETING DECEMBER 1, 2004 The meeting was called to order by Chairman Bob Soles, with Timothy Reichel, James McVay, Bob Stewart, Michelle Mahoney, and Stephanie Metzger present. Motion made by Mr. Reichel to approve the minutes of November 3, Mr. Stewart seconded the motion. All members were in favor. Mr. Soles read the statement of duties and expressed the fire department comments into the record. The following Appeals were heard: APPEAL # A Applicant & Owner/ Jason Tabor, 2816 Dorothy Avenue NE, Canton, Ohio 44705; Requests the following for a 28 ft. x 32 ft. (896 sq. ft.) residential accessory structure (detached garage) at 2816 Dorothy Avenue NE: 1) 7 ft. east, rear yard variance (10 ft. required 3 ft. requested). 2) 3 ft. north, side yard variance (6 ft. required 3 ft. requested). Article VII, Section 703.3, Minimum Lot & Yard Requirements. The property is zoned R-2, One & Two Family Residential District and is located in the Northeast Quarter of Section 35. There were no attendees for or against the Appeal. Mr. Soles administered the oath. Mr. Jason Tabor, 2816 Dorothy Avenue NE, stated that he would like to build a garage for storage of his cars and yard equipment. If he moved the garage over to meet the side setback, then he would not be able to get into his house. Mr. Reichel asked what the garage will look like. Mr. Tabor said the garage and house will have all new matching dutch siding. Mr. Reichel asked if any of the neighbors have complained. Mr. Tabor said no. Mr. Reichel asked what all he needed to put in such a big garage. Mr. Tabor said that he races Harleys, has a four-wheeler, trailers, a boat, and has a project car on top of his normal car and lawn equipment that he would like to store inside. Mr. Reichel asked where he keeps all of these items at now.

2 Mr. Tabor said he is currently renting a few storage units. Mr. Reichel said if the garage met the side setback then he would not be able to get into the garage or house. Mr. Tabor said yes, all of the neighbors have had to get variances to build their garages. Mr. Soles asked if he could move the garage up to meet the rear setback. Mr. Tabor said there is only 12 feet in between the home and the garage now, so if he moved it up there would only be 2 feet and there is no way he could get into the garage. Mr. McVay asked if the shed in the back yard will be removed. Mr. Tabor said yes. Mr. McVay asked if he will be working on other people s bikes. Mr. Tabor said no. Motion by Mr. Stewart, WHEREAS, Applicant & Owner/Jason Tabor, 2816 Dorothy Avenue NE, Canton, Ohio 44705; requests the following: 7 ft. east, rear yard variance (10 ft. required 3 ft. requested). 3 ft. north, side yard variance (6 ft. required 3 ft. requested). WHEREAS, the applicant or a representative has appeared in person before this Board at an adjudication hearing on said application and the Plain Township Board of Zoning Appeals has duly considered this application pursuant to Ohio Revised Code ; and NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Plain Township Board of Zoning Appeals to: X grant the following: 7 ft. east, rear yard variance (10 ft. required 3 ft. requested). 3 ft. north, side yard variance (6 ft. required 3 ft. requested). Seconded by Mr. Reichel, DISCUSSION: Mr. McVay said that the lot is only 43 feet wide so no matter what garage he builds, he would probably need some type of variance. If he met the setbacks, he would not be able to fit anything in the garage. He would be for the variances. Vote: Mr. Stewart, YES; Mr. McVay, YES; Mr. Reichel, YES; Mr. Soles, YES. Appeal # A is therefore APPROVED

3 APPEAL # A Applicant/ Mike Boylan, 4883 Dressler Road NW, Suite 100, Canton, Ohio 44718; Owner/ Harry Guist, 923 Bellflower Avenue SW, Canton, Ohio 44710; Lessee/ Deville Apartment & Buildings Inc, 4811 Whipple Avenue NW, Suite 101, Canton, Ohio 44710; Requests the following in order to re-plat the property from three (3) parcels to two (2) parcels, currently known as th Street NW (Parcel # ), th Street NW (Parcel # ) and part of vacant lot 6 of the Glenna Estates Allotment (Parcel # ) : Article VII, Section 703.3, Minimum Lot & Yard Requirements. The property is zoned R-2, One & Two Family Residential District and is located in the Northeast Quarter of Section 30. There were no attendees for or against the Appeal. Mr. Soles administered the oath. Mr. Mike Boylan, 4883 Dressler Road NW, stated that he is the realtor representing Dr. Guist. Dr. Guist purchased these duplexes in 1987, at that time there were 3 duplexes on 4 lots. The bank will not allow the sale of these duplexes without them being on their own lots. They have now created a site plan showing the 2 duplexes sitting on there own lots. So now there will be 3 duplexes on 3 separate lots. Mr. Stewart asked if they were applying for these variances to sell the duplexes individually. Mr. Boylan said no, the bank wants each unit to be on it s own lot, and he has 1 buyer for all 3 duplexes. Mr. Soles asked how it ever got this way. Mr. Boylan said the duplexes were built in 1967, and the road department has taken additional right of way cutting down the lot sizes, but how the duplexes ever came to be built over the lot lines, no one knows. Motion by Mr. McVay, WHEREAS, Applicant/ Mike Boylan, 4883 Dressler Road NW, Suite 100, Canton, Ohio 44718; Owner/ Harry Guist, 923 Bellflower Avenue SW, Canton, Ohio 44710; Lessee/ Deville Apartments & Buildings Inc, 4811 Whipple Avenue NW, Suite 101, Canton, Ohio 44718;requests the following in order to re-plat the property from three (3) parcels to two (2) parcels, currently known as th Street NW (Parcel # ), th Street NW (Parcel # ) and part of vacant lot 6 of the Glenna Estates Allotment (Parcel # ):

4 WHEREAS, the applicant or a representative has appeared in person before this Board at an adjudication hearing on said application and the Plain Township Board of Zoning Appeals has duly considered this application pursuant to Ohio Revised Code ; and NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Plain Township Board of Zoning Appeals to: X grant the following: Seconded by Mr. Stewart, DISCUSSION: Mr. Soles said that it is clear that the buildings need to be on there own lots. So he is in favor of this appeal. Mr. Reichel said he agrees. Mr. Stewart said he too agrees. Vote: Mr. Stewart, YES; Mr. McVay, YES; Mr. Reichel, YES; Mr. Soles, YES. Appeal # A is therefore APPROVED No further business pending the meeting adjourned at 7:25 pm. PLAIN TOWNSHIP BOARD OF ZONING APPEALS STEPHANIE A. METZGER, SECRETARY

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