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Boston Heights Overlook

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the Village of Boston Heights OH.

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On the agenda of the 04 June 2003 7PM meeting of the Planning Commission and Board of Zoning Appeals for the Village of Boston Heights, Ohio

Sovereign Design & Millwork, Inc.
with a proposed business operation as a tenant at 7600 Olde Eight Road (ex-Lucerne building).
Permitted by Planning Commission; see below.
Kevin & Susan Kachele
with a dispute over a building permit at 6171 Olde Eight Road.
Referred to the Building Department by the Board of Zoning Appeals; see below.
Churchwell Fire Consultants, Inc.
seeking advice on compliance with open storage restrictions.
Informal advisory; see below.

Note: Councilor Jim Hudson was appointed by Mayor McFall to represent him at this meeting.

Sovereign Design & Millwork, Inc.
Sovereign Design & Millwork, Inc. presented its plan for tenancy and operation in the ex-Lucerne building at 7600 Olde Eight Road. The company in March 2002 in Kent OH, was represented by Mr. Theodore Georger II and his business partner. Mr. Georger stated that the company is presently just a two-man operation (their cover letter to the Planning Commission said "3-man"), with hopes for future growth. The company plans to occupy 5400 square feet at the SW corner of the building, as a cabinet-making operation. They intend to install an open-face spray booth with fire suppression system, and would consult with the fire department as required.
The property is owned by Brandywine Development Corporation, and is within a General Business (GB) district; refer to parcel #1400087, et al.
Dr. Mike Cheung questioned whether the ex-Lucerne building was "grandfathered" under its former Light Industrial zoning; it was pointed out that this company might qualify as a "building trade" operation within the permitted uses of its current GB zoning. See BHCO 1157.01(c)(14). The company reps stated, upon further questioning, that no noxious fumes were expected and that sawdust and chemical residue would be properly stored and disposed. Dr. Cheung suggested that the company carefully consider blower noise when planning any future dust collection system. Dr. Cheung moved that the use be found to be permitted under GB zoning, as a "building trade".
Resolution:
Permitted by Planning Commission.
Back to the Agenda/Map

Kevin and Susan Kachele
The Kacheles have a dispute over the (non-) issuance of a building permit for an accessory building at their residence at 6171 Olde Eight Road, a 2.57A Residential lot, parcel #1300581.
Mrs. Kachele appeared before the Board of Zoning Appeals to speak to an investigation by the Zoning Inspector, Mr. David Himes. The Kacheles were alleged to have continued construction of an accessory building without a building permit, and in violation of required setbacks.
It appears that the Kacheles had begun construction of a 23x12 ft. pigeon coop in October 2002 without seeking a building permit; they were advised (probably by the former Zoning Inspector) to stop work and get the necessary permits. They filed application for the zoning and building permits on 21 Nov 2002, which were produced by Sec'y Maryann Bode for this discussion. The required drawings were hand sketches, showing the building to be 92.5 ft. from the Olde 8 roadway and 90 ft. from their northern property line. The building is in the front side yard, which Mr. Himes alleged is not permitted under the zoning code; see BHCO 1171.05(a). (However: While Mr. Himes reads this section as permitting accessory buildings only in a rear yard, this section may also be read as permitting otherwise-compliant accessory buildings to be closer to the lot lines than normal, when placed in the rear yard.)
In any case, it was determined that the former Zoning Inspector had already issued the zoning certificate, on 13 Dec 2002. In response to a question from the Board, Deputy Solicitor Ed Muse stated that he found no legal basis for the Board overturning an already-signed zoning certificate, even if erroneous. Mr. Himes stated his view that the zoning certificate, albeit "signed", had not been officially "issued" as it had not been transmitted to the applicant -- the former Building Inspector had not issued a building permit at the time, due to "insufficient information", according to a note attached to the application packet.
The current Building Inspector, Mr. Ron Marusiak, noted that he had little guidance on the village's standards for accessory structures, as there seemed to be no applicable code (but see BHCO 1141.36). Mr. Himes noted that the building permit fee for this sort of structure was $35, in this case doubled to $70 because construction had already begun without a permit.
From the audience, Mr. Charles Robinson stated that the zoning code should be enforced by the Board, and that he objected to the appearance of the building as it currently stood. Mrs. Kachele responded that the coop was only partially completed and would look better when finished.
The consensus of the Board, in view of legal counsel, and noting that there was no appeal before it, was that the existing zoning certificate was prima facie valid and that the matter was in the hands of the Building Department at this point.
Resolution:
Referred to the Building Department by the Board of Zoning Appeals.
Back to the Agenda/Map

Churchwell Fire Consultants, Inc.
Mr. Brian Churcwell appeared informally before members of the Board of Zoning Appeals, on the advice of Mr. David Himes, the Zoning Inspector. Mr. Churchwell represents Churchwell Fire Consultants, Inc., which operates an insurance inspection business at its property at 564 Hines Hill Rd.; refer to parcel #1300472. This property is within the General Business district; formerly the B-1 district.
There have been repeated complaints that the company was storing junk cars in its parking lot, in violation of the restrictions on open storage; see BHCO 1157.01(f)(1).
Mr. Churchwell was seeking information on how to come into compliance; he noted that retention of such cars was a necessary part of their business. He stated that other such storage could be required in the future, and that there was no room to store these vehicles indoors at their facility. He further stated that their clients did not permit the vehicles to be moved to another facility, for arbitrary periods of time.
After much discussion, Mr. Churchwell was advised that his most likely options were to either present a request for a variance that would allow such vehicles to be stored behind a fence (as is permitted in Light Manufacturing districts), or to construct an accessory building to house such vehicles. It was suggested that the latter option was preferred, as it would accord with existing code and require no variances.
Resolution:
Informal advisory by members of the Board of Zoning Appeals.
Back to the Agenda/Map

Other Matters
From the audience, Mrs. Robinson asked for an update on the long-running dispute over the use variance at a property near her home on Olde 8 Rd. Zoning Inspector David Himes stated that he had met with Solicitor Russ Pry that day, and that further action may be taken by the Village during the next week.

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