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Shawnee Township Zoning Board of Appeals         


2530 Fort Amanda Road Lima, Ohio 45804  (419) 991-8706

       Board Members:   Thomas Bowman, Chet Ebling, Keaton Lehman, Earl Weigt, David Ryan

           

 

Meeting of June 23, 2009

 

 

Vice Chairman David Ryan called the meeting to order at 7:30 PM.

Members present:                     

Earl Weigt

David Ryan

Chet Ebling

 

Mr.  Ryan announced that the purpose of the meeting was to hear the petition of Frank Caprilla and Misty Shelhammer for a sign variance for their business, RJ Pets, 5350 West Breese Road, Lima, OH 45806.

 

Per the Shawnee Township Zoning Resolution, the sign for RJ Pets is limited to four square feet and must be mounted on their building.  The RJ Pets sign is larger and is mounted by the RJ Pets driveway, on a chain link fence, nearer to the road than their building.

 

Michelle Baumeister, attorney for the applicants, presented their application.  Ms Baumeister stated that the variance should be granted for two reasons:

Business:  Customers have trouble finding the business.  The building is far back from the road.

Safety:  New customers risk accident while they are looking for the business.

 

Frank Caprilla spoke in favor of their application.  He stated that other signs in the area are larger than four square feet and are not attached to buildings, citing Perry’s Refrigeration and Lake Winona.  (These signs are probably grandfathered under previous zoning resolutions.)

 

Diane Winborne (neighbor to the East) spoke in favor of the sign, stating that it did not block their view of traffic.

 

Alexander and Ethel Hampshire (neighbors to the West) spoke against the sign, stating that previous owner, Rick Shelhammer, had told them that business would be operated word-of-mouth.  The Hampshires wake each day with dogs barking.  If  the present owners want to grow the business, they should move someplace else.  Mr. And Mrs. Hampshire stated that the sign is in violation of the Zoning Resolution.

 

Ms Baumeister noted that the area is zoned “Agricultural”.  In  agricultural areas, there can be noise as from horses and cows, not to mention noisy tractors.

 

Julie Shellhammer (previous joint owner of RJ Pets) stated that the sign was a safety issue.  It helps people find the business.  It avoids customers being lost, turning around in driveways, and slowing down to look.

 

Board of Appeals member, Earl Weigt, noted that a new Comprehensive Land Use Plan being considered for adoption by Shawnee Township may lead to many more rules on signs.  Mr. Weigt noted that kennels should be located on, at least, five acres of land.  He assumed that RJ Pets was grandfathered under a previous Zoning Resolution.

 

Mr. Caprilla stated that the business has essentially stayed the same.  There has been no particular effort to grow the business.  He expressed a willingness to compromise on the sign, if it would help. 

 

No interest in compromise was expressed by those in opposition to the variance application.

 

A motion was made by Earl Weigt to approve the Caprilla/Shelhammer variance application as presented.  Motion was seconded by David Ryan.  Vote was unanimous: 3 – 0.

 

Motion to adjourn was mad by Chet Ebling, seconded by  David Ryan.  Vote was unanimous:  3-0.

 

Meeting was adjourned at 8:05 PM.

 

Respectfully submitted,

John R. Gosnell

Zoning Inspector

Shawnee Township                                                                                BOA05