June 22, 2023 - Zoning Board of Appeals

Zoning Board of Appeals Meeting Minutes
June 22nd, 2023

Meeting was opened by Mayor Hawk at 7:00 pm

Zoning Board of Appeals Members present: Charles Hawk; Sydney Radich; Jerry Layne; Joe Musacchia; Ray Heitger; Kathy Loretto. A quorum was present.

Also in attendance: Village Administrator & Zoning Commissioner Michael Miller.

It was noted that Wendy Schumacher was not present because she had to recuse herself because of her proximity to the applicant. She received one of the notices as an adjoining property owner.

It was noted that a Meeting Legal ad was published in the Canton Repository.

Mayor Hawk also welcomed the Zoning Board of Appeals newest member, Kathy Loretto.
Charles Hawk requested Village Administrator & Zoning Commissioner Michael Miller present the Zoning Variance requests.

The application is for a variance being requested for parcel 7000335, 206 Harmon Street NW, which is zoned R-3 and is owned by Nicholas and Kelli Madzia.

The variance is for the purpose of installing a fence within a required setback from Tuscarawas Ave NW. The variance is from Brewster Codified Ordinance § 152.078 (B), which provides in relevant part:

Corner lots. All corner lots shall be designed to permit the minimum 40-foot front yard setback on each street, or other setback as required by the Zoning Code.


Variance from Brewster Codified § 153.083 YARD REQUIREMENTS which provides in relevant part “Minimum front yard depth 35 feet”

The proposed setback from Tuscarawas property line is 19 feet.

Mr. Miller passed out the application and related attachments. He indicated it was similar to an application that was addressed across the, and the Board had granted that one. The 35-foot setback would put the fence off of Tuscarawas in the middle of the house. He recommended granting the variance.

A motion was made by Jerry Layne, seconded by Sydney Radich to grant the variance.

A roll call vote was taken: Sydney Radich - yes; Jerry Layne- yes; Joe Musacchia - yes; Ray Heitger- yes; Kathy Loretto – yes; Charles Hawk - yes.

The requested variance was approved.

Charles Hawk then declared the meeting adjourned at 7:10 pm

Approved at the August 17, 2023 Zoning Board of Appeals Meeting