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Boston Heights Overlook

This is a publication of Boston Heights Overlook.
Not an official public document by, of or for
the Village of Boston Heights OH.
Click on items or parcels for more info.

190 E. Boston Mills Rd. 190 E. Boston Mills Rd. 190 E. Boston Mills Rd. 5837 Akron Cleveland Rd. 5837 Akron Cleveland Rd. 6047 Olde Eight Rd. 6047 Olde Eight Rd. 6633 Wooded View 6633 Wooded View

On the agenda of the 02 July 2003 7PM meeting of the Planning Commission and Board of Zoning Appeals for the Village of Boston Heights, Ohio

  1. Prudential Auto
    with a proposed used-car lot at 190 E. Boston Mills Rd.
    Approved by Planning Commission; see below.
  2. Prudential Auto
    with a proposal for use of the existing sign at 190 E. Boston Mills Rd.
    Approved by Planning Commission; see below.
  3. John Kosarek
    seeking a variance for outdoor storage at 5818 & 5837 Akron-Cleveland Rd.
    Denied by Planning Commission; see below.
  4. Bob Thomason
    with a proposed used-car lot at 6047 Olde Eight Rd. & Rt. 303.
    Conditional Use granted by BZA; see below.
  5. Cindy & Joe Kontur
    seeking a variance for rear yard setback at 6633 Wooded View.
    Variance granted by BZA; see below.
  6. Tree Ordinance
    Consideration of changes sought by Solicitor.
    Modification approved by Planning Commission; see below.
Prudential Auto
Representative of Prudential Auto presented their plan for tenancy and operation of a used-car lot at 190 E. Boston Mills Rd. This is the southwest corner of State Rt.8 and E. Boston Mills, formerly occupied by Carena Motors, and before that by Elliott Leasing.
The property is owned by Mr. Kenneth C. Desatnik of 562 W. Boston Mills Rd., and is within a General Business (GB) district; refer to parcels #1300464, et al., totaling about 0.97 acres.
Dr. Mike Cheung noted that there was an existing conditional use permit allowing auto sales on this property. After some discussion, Solicitor Russ Pry determined that the existing permit would still apply to a new tenant in the same business, but that the conditions would likewise apply. Dr. Cheung noted that the Village has previously objected to the excessive height of the lot lighting; the new tenants vowed to resolve this. (The Planning Commission regulation is that lighting may not be mounted above the roofline of the building.)
Zoning Inspector David Himes noted that a moving company had already moved into the vacant office space in the same building, without appearing before the Planning Commission. He has informed the company of this requirement, and they are to appear at the August meeting.
Chairman Chuck Robinson expressed an interest in applying a new condition that nothing larger than passenger automobiles be permitted to be sold from the property. No action was taken on this point. Dr. Cheung advised the new tenants to not park their vehicles so close to Boston Mills Road.
Note: For some reason, "Prudential Auto" is not listed as a business or trade name by the office of the Ohio Secretary of State, nor is any obvious variant. This is required to do business in the State of Ohio.
Resolution:
Approved by Planning Commission.
Back to the Agenda/Map
Prudential Auto
Prudential Auto proposed use of the existing sign at 190 E. Boston Mills Rd., with different text.
Resolution:
Approved by Planning Commission.
Back to the Agenda/Map
John Kosarek
Mr. Kosarek was proposing outdoor storage at 5837 Akron-Cleveland, which is in use by Mahnen Machinery Inc. of Brunswick OH, as a John Deere dealership. This is a 3.5A lot in a General Business district, parcel #1300817, owned by Austin Properties Ltd. of Brunswick, OH.
The agenda also mentions 5818 Akron-Cleveland Road, but this address doesn't seem to exist.
Outdoor storage in GB district generally requires a variance, per Zoning Code 1157.02(f), but for some reason this appeared before the Planning Commission. In any case, no one showed up to plead the case, so...
Resolution:
Denied by the Planning Commission.
Back to the Agenda/Map
Bob Thomason
Mr. Thomason presented a plan for tenancy and operation of a used-car and leasing lot at the corner of Olde Eight Rd. and Rt. 303. This is the old Bolin Oil service station at 6047 Olde Eight Rd.
That property is owned by Veronica & Nicholas Zalewski, and is within a General Business (GB) district; refer to parcels #1300025 and #1300024 totaling about 2.18 acres. Mrs. Zalewski also attended.
Mr. Thomason explained that he was already doing business at Williams-Stewart in Cuyahoga Falls, and planned this operation as a family business: "Mayfield Motors, a Family-Owned Business". He initially appeared before the Planning Commission, but Solicitor Russ Pry determined that this business would require a conditional use permit, as auto sales were not a permitted use in General Business districts. It would therefore have to be evaluated by the Board of Zoning Appeals under the "Other Compatible Uses" umbrella classification; see Zoning Code 1157.01(d)(13). The BZA later heard the proposal.
In answer to questions from the BZA, Mr. Thomason estimated that typically 30-40 cars would be for sale, perhaps up to 50-55 in the future. These would be non-commercial passenger vehicles. No vehicle service would be performed onsite except for normal cleaning. He stated that the business would be using only the southernmost of the two lots, and would not be using the northern lot. The old house on the property would not be used either -- just the renovated service station. Mrs. Zalewski stated that this building was 1100 square feet.
There was discussion on possible conditions such as restrictions on test driving into adjacent residential areas, and on the maximum allowed time for non-passenger vehicles to remain the lot. No action was taken on these ideas.
Chairman John Codrea composed a conditional use permit that limited the allowed number of vehicles to those that could be parked on the existing pavement, to a maximum of 35 under 10,000 pounds gross vehicle weight -- plus parking required for normal business use (in this case, 11 stalls, see Zoning Code 1157.07(p)). In addition, all other requirements of the Zoning Code must be met by the site plan, which must be presented to the Planning Commission in order to obtain a zoning permit (e.g. parking, lighting, landscaping, etc.).
Resolution:
Conditional Use Permit granted by the Board of Zoning Appeals.
Back to the Agenda/Map
Cindy & Joe Kontur
The Konturs, via their builder Tom Kiffer of CPK Construction Inc., requested a variance for 6633 Woodview Drive, regarding the front and/or rear yard setback requirement. This is lot #24 at the head of the Woodview cul-de-sac, #1200594.
The usual requirement is front and rear yards having a depth of not less than fifty feet, per Zoning Code 1153.05(a) and (c).
Mr. Kiffer stated that the Konturs had selected and purchased specific house plans before it became clear that that house could not be positioned on the lot with the required setbacks. The 1.16 acre lot is a an acute trapezoid. Mr. Kiffer presented plans showing three possible variances that would resolve the problem, noting that the owners favored the plan maximizing the back yard, in the interest of retaining trees.
Mr. Kiffer stated that the National Park owned the property north (to the rear) of this lot; Mr. William Hinkle pointed out that it was actually owned by Mrs. Helen Reed, as Hilltop Farm. There were no nearby buildings on that property, though an aerial photo showed nearby houses on the other property to the rear. No one appeared to represent either of these property owners.
Mr. Hinkle asked what the precedents were for setback variances; it was determined that there were at least two such variances granted in recent years. After some discussion, Chairman Codrea composed a variance that would permit the middle-ground placement of the house, with a 45-foot front yard and a 40.18-foot rear yard. Dr. Cheung stated his objection to the variance on the grounds that the owners ought to simply modify their house plans to suit the lot. Mr. Hinkle stated for the record that he favored the variance entirely because of the odd and restrictive shape of the parcel as platted.
Resolution:
Variance granted by the Board of Zoning Appeals (with Dr. Mike Cheung objecting).
Back to the Agenda/Map
Tree Ordinance
At last month's Public Hearing on the proposed Tree Ordinance, Solicitor Russ Pry noted his legal objections to the composition of the ordinance as it applied to Residential properties. He stated his view that conditioning applicability of the ordinance to Residential properties on occupancy would not stand up to legal scrutiny. He suggested instead that the ordinance apply to Residential parcels greater than 5 acres, and even then require only a minimal permit for cutting fewer than 20 trees per year. This case would require only a $20 permit and no site plan; the more extensive requirement would still apply to larger logging operations, and to all non-Residential properties regardless of scale.
Resolution:
Modifications approved by Planning Commission.
Back to the Agenda/Map
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