PLAIN TOWNSHIP ZONING COMMISSION PLAIN TOWNSHIP HALL-2600 EASTON STREET NE CANTON, OHIO MINUTES OF REGULAR MEETING November 12, 2003

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1 PLAIN TOWNSHIP ZONING COMMISSION PLAIN TOWNSHIP HALL-2600 EASTON STREET NE CANTON, OHIO MINUTES OF REGULAR MEETING November 12, 2003 The meeting was called to order by Terry Seeberger, with Peter Volas, Gary Zink, Scott Zurakowski, David Roshong, Bill Lundin, Stephanie Metzger, and Michelle Mahoney present. Mr. Seeberger read the statements of duties, administered the oath and read the RPC recommendation of denial for Amendment #529 and denial for Amendment #530 into the record. Mr. Zink made a motion to approve the minutes from the October 15, 2003 meeting. Mr. Roshong seconded the motion. All members were in favor. The following Amendments were heard: AMENDMENT #529-ZONE CHANGE Applicants & Owners/Joel Dine, 3021 Westmoreland Street NW, Canton, Ohio & Lucille Dine Trustee, 2500 Hollyview Street NE, Canton, Ohio Property owners as listed on the Stark County Auditor's tax list: Joel Dine, 3021 Westmoreland Street NW, Canton, Ohio & Lucille Dine Trustee, 2500 Hollyview Street NE, Canton, Ohio The properties to be considered total approximately 4.37 acres of land in three different parcels (# , # , and # ), are situated in the Northeast Quarter of Section 27 and consist of the following: 1.) 4075 Martindale Road NE /Parcel # : zone change request consists of.341 acres with approximately feet of frontage on Martindale Road NE, located on the north side of Martindale Road NE, approximately 123 feet east of Kaiser Avenue NE; 2.) 4057 Martindale Road NE/Parcel # : zone change request consists of.94 acres with feet of frontage on Martindale Road NE, located on the north side of Martindale Road NE, at the intersection of Kaiser Avenue NE and Martindale Road NE; 3.) 4057 Martindale Road NE/Parcel # : zone change request consists of 3.09 acres with 23 feet of frontage on Martindale Road NE, located on the north side of Martindale Road NE, approximately 100 feet east of Kaiser Avenue NE. Present Zoning Classification/ R-1, Single Family Residential District. Proposed Zoning Classification/B-2, General Business District. Mr. Joel Dine, 3021 Westmoreland Street NW, stated that his family has owned the property for 40 years and they have used it for amusement rides and repair shop for the equipment. His parents and brothers have gotten out of the business and he would also like to get out, but he would like to have some options to use the 80 x 150 building in the back, perhaps for an auto body repair shop. Mr. Zurakowski asked if he purchased the property from his parents in Mr. Dine said that could be true.

2 Mr. Zurakowski said that it appears that in 1979 there was a zone change request for the exact same thing. Mr. Dine said yes when he purchased the property he asked to change the zoning but was denied. Mr. Keith Williams, 3960 Martindale Rd NE, stated that he owns about 10 acres of land on Martindale Road across from Mr. Dine s property and he isn t very happy about the illegal business that has been going on for years. Mr. Seeberger said that the business is not illegal. Mr. Williams said that he didn t buy a house in a residential district to live across from a commercial district. He would like to have the commercial zoning stop at the railroad tracks. The big building that is currently on the land, in a residential district, is not allowed. If the property is zoned commercial it will devalue the adjacent properties. Mr. Zurakowski asked if he lives on Martindale. Mr. Williams said yes. Mr. Zurakowski asked when he purchased his home and other properties. Mr. Williams said 2 or 3 years ago. Mr. Zurakowski asked if Mr. Dine was using the property for amusement ride storage at that time. Mr. Williams said yes. Mr. Daryl Eshelman, 1131 Diamond Street NE, stated that he owns property on Martindale, Martindale, and he was just curious what all a B-2 zoning district would allow. Mr. Seeberger said that there are permitted uses and conditional permitted uses, an example of what is permitted would be retail shops, auto shops, veterinary clinic, greenhouse, hotels and motels, and drive-thru s. What would be conditionally permitted would be day cares, and recycling centers. Mr. Eshelman, said that Mr. Dine was always a good neighbor when he lived in the duplex, but the thing that concerns him is there are no exact plans. He would be okay with it if Mr. Dine did not change the zoning of the homes just the property in the back. Mr. Dine said that all of the properties adjacent to him are not residential. Mr. Seeberger said that all of the properties on the other side of Martindale are zoned residential, either R-2 or R-3. Mr. Dine asked what the other side of the tracks is zoned. Mrs. Mahoney said that it is zoned B-2. Mr. Dine said that when his parents purchased the property there was only one other farm in that entire area.

3 After consideration of the facts presented, a motion was made by Mr. Zink to approve Amendment #529. Mr. Volas seconded the motion. The vote on the motion was as follows: Mr. Roshong, NO; Mr. Zurakowski, YES; Mr. Zink, NO; Mr. Volas, YES; Mr. Seeberger, NO. Plain Township Zoning Commission therefore recommends Denial of Amendment #529. AMENDMENT #530-TEXT AMENDMENT Applicant/William Smith, 3802 Guilford Avenue NW, Canton, Ohio 44718; Owner/Glenna Bauman, 1417 Easton Street NE, Canton, Ohio Property owner as listed on the Stark County Auditor's tax list: Glenna Bauman, 1417 Easton Street NE, Canton, Ohio The properties to be considered total approximately.235 acres of land in two different parcels (# and # ), are situated in the Northeast Quarter of Section 30 and consist of the following: 1.) 3802 Guilford Avenue NW/Parcel # : zone change request consists of 75 feet of frontage on the east side of Guilford Avenue NW and is located at the northeast corner of 38 th Street NW and Guilford Avenue NW; 2.) Parcel # : zone change request consists of the southern most portion of lot #1 in Glenna Estates consisting of.028 acres and has 12 feet of frontage on the east side of Guilford Avenue NW. Present Zoning Classification/R-2, One & Two Family Residential District. Proposed Zoning Classification/R-3, Low Density Multi-Family Residential District. Mr. William Smith, 3802 Guilford Avenue NW, stated that he purchased the duplex for investment property and he would like to increase the value of the home by changing the zoning to R-3 and making the duplex into a triplex. Mr. Seeberger asked if he was the owner. Mr. Smith said that he is under land contract, but the owner is at the meeting. Mr. Seeberger asked if he would be adding onto the home. Mr. Smith said no, just making the downstairs into a one bedroom apartment. Mr. Roshong asked if he could clarify downstairs. Mr. Smith said the basement. Mr. Bill Cumler, th Street NW, stated that he lives about 4 houses down from the property and that the corner of 38 th and Guilford is very overcrowded with traffic. Right now the duplex has 4 cars parking there and there isn t any parking. If it is turned into a triplex then there could be 6 cars there. A higher density is not desirable in that area. Mr. Warren Whitmer, 3825 Guilford Avenue NW, stated that he has lived diagonal from the property in question since 1956, and at that time the home was single family, now it is a duplex. The neighborhood doesn t need any more cars.

4 Mr. Smith said that for the people that are concerned about parking, he has plans of putting more parking behind the duplex, which there is more than enough room. After consideration of the facts presented, a motion was made by Mr. Zurakowski to approve Amendment #530. Mr. Volas seconded the motion. The vote on the motion was as follows: Mr. Roshong, NO; Mr. Zurakowski, NO; Mr. Zink, NO; Mr. Volas, NO; Mr. Seeberger, NO. Plain Township Zoning Commission therefore recommends Denial of Amendment #530. The meeting adjourned at 7:50 PM. PLAIN TOWNSHIP ZONING COMMISSION STEPHANIE A. METZGER, SECRETARY

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