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Board of Zoning Appeals Meeting
October 20 @ 6:00 pm
A Public Hearing will be held by the Massillon Board of Zoning Appeals, Wednesday, October 20, 2021, at 6:00 p.m. in the Ivan A. Getz Building, 54 City Hall Street, SE, Massillon, OH 44646, to hear the following Case:
VARIANCE REQUEST CASE #2021-15 by applicant Daniel Yingling
1708 Tremont Avenue, SW Massillon, OH 44647 Parcel #602034
The applicant would like to erect a pond on his property and erect a 4′ vinyl fence around the pond and around his property. Due to the size and depth of the pond, the pond will be treated as a swimming pool and, therefore, must adhere to the City of Massillon Swimming Pool Ordinance.
The applicant is requesting two separate variance requests.
VARIANCE REQUEST #1
Section 1187.84 (a} of the Massillon Codified Ordinances states the following:
1187.14 PRINCIPLE USES PERMITTED SUBJECT TO SPECIAL CONDITIONS.
(a) Private pools shall be permitted as an accessory use within the rear yard only.
This lot is a corner lot. Due to the size and the layout of the lot, the applicant is unable to have the swimming pool in the rear yard. On a corner lot, each side of the property that borders the street is considered a front yard. The applicant is requesting a variance from the existing zoning ordinance to install the swimming pool in the front yard on the 17th Street, SW, side of the property. A sketch of the proposed plan is being attached.
VARIANCE REQUEST #2
Section 1187.08 (a) of the Massillon Codified Ordinances states in part:
“Fences on all lots of record in all residential districts which enclose property and/or within a required side or rear yard, shall not exceed 6′ in height, measured from the surface of the ground, and shall not extend toward the front of the lot nearer than the front of the house or the required minimum front yard, or whichever is greater”.
As explained above, this lot is a corner lot with two front yards. The applicant is requesting to erect a 4′ vinyl fence on the 17th Street, SW, side of the property. The required front yard setback is 25′, the applicant would like to erect the fence 23′ off the property line, a front yard setback variance of 2′ is being requested.