The City of Cortland Planning, Zoning & Building Commission met on Monday, July 8, 2013 at 6:45 P. M. at the City Administration Building, 400 N. High Street, Cortland, Ohio. In attendance were the following board members: Vice Chairman Bill Sasse, Charles Peck, Sally Lane and Jim Chubb; absent was Chairman, Scott Daffron.† Also present were Mayor Curt Moll, Law Director Patrick Wilson, Service Director Don Wittman, Firefighter Dan Jaros and the following individuals:
††††††††††† Richard Mozingo††††††††††††††††† †† 183 S Colonial Dr.†† Cortland, OH† 44410
Bill Sasse: Good evening, today is Monday, July 8, 2013.† I would like to call to order the Cortland Planning, Zoning and Building Commission for the purpose of public hearing 08-13, Public Hearing for Variance Request for 183 S Colonial Ė request for shed to encroach on the 10í rear setback requirement. Is there anyone here to speak for this variance?† Please explain why you would like the variance.
Mayor Moll:† First state your name please.
Richard Mozingo:† My name is Richard Mozingo.† I am the property owner.† The neighbors next to us Ė they fenced out a triangle shaped portion of their yard. They do not take care of this ever Ė 5 years we have been there it has been a mess. †They donít have to look at it behind the fence so donít care at all. We just want to build a shed right in front of it, on our property, but less than 10í from edge of our property just so we can partially block that.† It is not going to take care of it.† That is pretty much the reason why we want to put it there.
Bill Sasse:† To block the view of the neighborís yard.
Richard Mozingo:† Pretty much.† Last summer I called here twice to report they werenít taking care of their property Ė I donít want to get on bad side of neighbors or anything like that but it is clear they donít care they donít mow that.
Bill Sasse:† You are the person that lives at 183 S Colonial, correct?
Richard Mozingo:† Correct.
Charles Peck:† You are pretty certain of the property line back there?
Richard Mozingo:† Yes absolutely.† As matter of fact my mother had a car parked in that driveway last spring and a tree that was in that portion of the property that is fenced out Ė a dead tree fell from there and hit my motherís car and at the time I think a bank owned the house.† We had to go through them and they came out and mark the property lines and stakes were put in.† You could see how the property was divided.
Charles Peck:† Are you making provisions for the drainage and the run off that would run on your neighborís property?
Richard Mozingo:† Right behind it there is a little ditch there. (inaudible)
Charles Peck:† There is a swale of some sort.
Richard Mozingo:† I believe so, yes.† Right at end of property it dips down and goes back up Ė follows the landscaping to a creek.
Jim Chubb:† What kind of foundation are you putting in?
Richard Mozingo:† Stone and cinder block.† 4 x 4. Yes it is going to be solid.† We are not pouring concrete or anything like that (inaudible) - We dug it out and are putting cinderblocks and then 4 x 4ís.† That part is already down.† I sent pictures with my initial request.† We started it and then realized we would need to (inaudible) so we stopped and we went to do this so we wouldnít finish up and then be told we have to take it down.† You can see that big mess.
Bill Sasse:† That is not your tree then?
Richard Mozingo:† No absolutely not.
Mayor Moll:† So they essentially fenced the back of their yard in a straight line and left that.
Richard Mozingo:† Yes they did not follow the property line and left that part out for whatever reason.† And they donít take care of it.
James Chubb:† So this was your foundation basically.
Richard Mozingo:† Yes we had started it.
Bill Sasse:† I canít figure out why anyone would put a fence like that and that far off their property line.
(Several people talking Ė inaudible).
Bill Sasse:† Do you know the name of the people that are living back there?
Richard Mozingo:† I do not sir.
Mayor Moll:† It is in the record here.
Bill Sasse:† Would they have been notified?
Mayor Moll:† Yes.
Bill Sasse:† Is there anybody here to speak against this variance?† Can I entertain a motion that we close this public hearing?
Charles Peck moved to close the public hearing, seconded by James Chubb.
The City of Cortland Planning, Zoning & Building Commission met on Monday, July 8, 2013 at 7:00 P. M. at the City Administration Building, 400 N. High Street, Cortland, Ohio. In attendance were the following board members: Vice Chairman Bill Sasse, Charles Peck, Sally Lane and Jim Chubb; absent was Chairman Scott Daffron. †Also present were Mayor Curt Moll, Law Director Patrick Wilson, Service Director Don Wittman, Firefighter Dan Jaros and the following individuals:
††††††††††† Richard Mozingo††††††††††††††††† 183 S. Colonial Dr.††† Cortland, OH† 44410
††††††††††† Gilbert Rieger, Attorney at Law
††††††††††††††††††††††† ††††††††††† †††††††††††
Bill Sasse:† ††Today is Monday, July 8, 2013.† †Iíd like to call to order the Cortland Planning, Zoning & Building Commission. †Can we have roll?
Roll Call: †Bill Sasse, here; Sally Lane, here; Scott Daffron, absent; Charles Peck, here; Jim Chubb, here.
Bill Sasse:† Can I have a motion for approval of commission minutes for June 10, 2013?
Charles Peck made a motion to approve June 10, 2013 Meeting minutes, seconded by Sally Lane. †
Roll Call:† Jim Chubb, yes; Sally Lane, yes; Bill Sasse, yes; Scott Daffron, absent; Charles Peck, yes.† MOTION APPROVED.
Bill Sasse:† Any Old Business to come before the board?† Hearing none, weíll go on to New Business.† Iíd like approval for 08-13 Variance Request for 183 S Colonial - Request for shed to encroach on the 10í rear setback requirement.† Jim Chubb made a motion for approval of 08-13, seconded by Sally Lane.
Bill Sasse:† Would you state your case again please?
Richard Mozingo:† Sure. My name is Richard Mozingo of 183 S Colonial.† Essentially, the neighbors have fenced out a portion of their yard that they donít take care of.† Itís overgrown very high.† Itís not fun to look at.†† Weíve been dealing with it for about five years now.† †We want to build a shed, not a massive barn, just a shed thatís 4 by 8 or something like that.† Just a shed so we can partially block the view of what we have been looking at all these years.† We want to make it look a little bit better.
Bill Sasse:† And the drainage has already been discussed?
Richard Mozingo:† Yes.
Bill Sasse:† Does anybody have any further questions?
Don Wittman:† I have just a quick question Richard.† If you had to adhere to the 10í setback in that corner, doesnít it put it on the driveway?
Richard Mozingo:† Yes.† We would have to relocateÖ
Don Wittman:† The driveway and theÖ
Richard Mozingo:† Correct.† We would have to move it to somewhere else.† Obviously, we couldnít put it in the driveway. (Inaudible)Ö The back corner is still wide open.
Don Wittman:† If your lot was a typical lot where it was squared off and you had that triangle, youíd be completely within the 10ísetback. †
Richard Mozingo:† Yes.† Absolutely.† And we would take care of it.
Don Wittman:† So the irregularity of the lot is causing the need for the 10í setback encroachment request.
Bill Sasse:† Any further questions?† Thank you.† Can we have a vote on 08-13 Variance Request for 183 S Colonial?
Roll Call:† Scott Daffron, absent; Jim Chubb, yes; Sally Lane, yes; Charles Peck, yes; Bill Sasse, yes.† MOTION PASSED.
Bill Sasse:† I would like a motion to approve 09-13 Replat of Lot 24 in Deer Creek Estates Plat No. 2 & Thomas Repphun Plat No. 1 Part of Section No. 50 to Lot No. 24A.† Charles Peck made a motion for approval of 09-13, seconded by Sally Lane.
Bill Sasse:† Who do we have to speak on this replat?
Gil Rieger:† Iím attorney Gil Rieger and I represent Mr. & Mrs. Repphun.† There is a slight change in this replat and Iíll tell you why.† This replat involves property in the county, the township, and in the city. It went before the Trumbull County Plats Committee on July 2nd and they are recommending it be approved with one minor modification.† I believe you do have a copy of the replat and I brought another one with me.† I received it from the surveyor today.† What is referred to as Lot. No. 1 on the survey that I dropped off a couple weeks ago is now referred to as Lot No. 24B.† When I went before the Plats Committee in Trumbull County that portion of the property is in Bazetta Township. †The Plats Committee recommended rather than he have Lot No.1 and Lot 24A, he just change the one Lot No. to Lot No. 24B.† I do have the plat with me.† Everything is the same except this Lot No. is now 24B rather than Lot 1.
Mayor Moll:† Our motion should read 24B in Part of Section No. 50.
Gil Rieger:† 24A and 24B then.
Rhonda Horn:† Both 24A and 24B?
Gil Rieger:† Yes.† Thatís on the plat.† Itís going to the Trumbull County Planning Commission tomorrow. (Inaudible)Ö with that one change.† When I talked to Mr. Wittman a couple weeks ago he thought there could be an issue with taxation because of the two tax districts.† That is not a problem. We have property throughout the county that is taxed in that manner in different districts.† And just in case you required, I did bring a letter from the auditorís office indicating that would not be an issue.† Many properties in the county are taxed in different districts.
Don Wittman:† Yes, Gil, we did research that and one of the plats that we approved in Hidden Lakes, if you remember those people with frontage on Brookview were getting that additional lot on the backside of their property. And actually maybe a third was in the city and maybe two thirds was in the county.† They just treat it as two parcels bumpers with two tax bills.† So they break it out for taxation purposes. The city will be getting the tax value on the primary residence portion, and the additional 50í - Bazetta will be getting the tax valuation based on the 2.13 acres. The balance of the 2.13 acres are vacant.
Bill Sasse:† Thatís what it says here.
Gil Rieger:† The auditorís office will cross reference two parcels.† Theyíre not going to let someone sell the back part of 24A without the front part which is in the city. So they cross reference it so no one can sell one portion.
Bill Sasse:† Anybody have any questions?† Seeing no further questions, Don, do you have anything you want to add?
Don Wittman:† No.
Patrick Wilson:† You understand how the motion is reading now, right?
Bill Sasse:† Right.
Don Wittman:† Actually the motion is still going to be the same.
Mayor Moll:† The motion is okay.
Don Wittman:† Thomas Repphunís primary residence along Wilson Sharpsville Rd is not being replatted.† Itís actually being platted in the Thomas Repphun Plat No. 1.† They are just going to refer to it as 24B instead of Lot 1 which is purely semantics.
Bill Sasse:† Iím going to read this again just so we have it for the record.† I need a vote on motion 09-13 - Replat of Lot 24 in Deer Creek Estates Plat No. 2 & Thomas Repphun Plat No. 24BÖ
Don Wittman:† No.† Plat No. 1
Bill Sasse:† Plat No. 1 Part of Section No. 50 to Lot No. 24A.† Can I have a vote please?
Roll Call:† Sally Lane, yes; Bill Sasse, yes; Jim Chubb, yes; Scott Daffron, absent; Charles Peck, yes.† MOTION PASSED.
Gil Rieger:† Now, the logistics of getting it signed, Iíll need your signatures. I donít want the county signing one plat and the city signing another.† How about after I have the county sign the plat, Iíll bring it out here for you to sign?
Patrick Wilson:† Yes.† Talk to Terri.† I donít know when youíre coming back.
Gil Rieger:† Well, itís going to the Trumbull County Planning Commission tomorrow.† I have to get them to sign it.† I donít want to have three plats going.
Don Wittman: †If you want to just hold on and we can get Bill his portion as the Chairman of Planning & Zoning Commission for the City of Cortland and weíll give it to you.
Gil Rieger:† I can do that and then I can take it over tomorrow.
Bill Sasse:† Does anyone have anything they would like to bring before this board?† Can I have a motion to adjourn?
Sally Lane made a motion to adjourn the meeting, seconded by Jim Chubb.
Roll Call: †Scott Daffron, absent; Bill Sasse, yes; Sally Lane, yes; Charles Peck, yes; Jim Chubb, yes. †MOTION APPROVED.
Meeting Adjourned: 7:11 pm.
††††††††††††††††††††††††††††††††††††††††††† _ ††††††††††† ____††††††††††††††† ††††††††††† _______________________
Scott Daffron, Chairman †††††††††††††††††† Date††††††††††††††† ††††††††††† Teresa Barnovsky, Secretary