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Boston Heights Overlook

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On the agenda of the 07 January 2004 7PM meeting of the Planning Commission and Board of Zoning Appeals for the Village of Boston Heights, Ohio

Robert & Jenny Belcher
Request for variance: number of horses stabled at 6421 Chittenden Road.
No action by BZA; see below.
Earl Bartell - Strimple-Kallstrom-Bartell Insurance
Signage at 6701 Chittenden Road.
Approved by BZA; see below.

General Notes
Mr. Ed Muse acted as legal counsel for the PC/BZA; also present were Engineer Steve Schreiber and Zoning Inspector David Himes.
The Planning Commission (without Bob Campbell) approved their minutes, and re-elected Chairman Chuck Robinson.
The Board of Zoning Appeals (without Ken Metz) also approved their minutes, and re-elected Chairman John Codrea.
In addition to the matters formally considered, a representative of Dun-Rite Roofing on Chittenden Rd. complained to the BZA about ongoing problems he was having with the land use practices of his neighbor to the south. The members listened with sympathy, but stated that the Board had no power of enforcement; this was in the hands of the Mayor and Solicitor.

Robert & Jenny Belcher
Request for variance: number of horses stabled at 6421 Chittenden Road.
This address comprises two adjacent parcels on Chittenden, in the LM Light Manufacturing zoning district south of Pettit Road: a 4.59A lot, parcel #1300227, which appears to have a home and a barn, and a vacant 4.69A lot, parcel #1300231. Both are owned by Ms. Mary S. Olsen of Hilton Head SC.

Mr. Belcher is a well-known horse trainer, and Mrs. Belcher, horse owner (e.g. at Northfield Park). The Belchers were requested, by Zoning Inspector David Himes, to appear before the Board of Zoning Appeals in connection with a complaint that their use of this property was in violation of the limit of one horse per acre for any lot, per Zoning Code 1141.36, "Stables,Private".

This matter is continued from the 3 Dec 2003 PC/BZA meeting; it was tabled to allow the Zoning Inspector and Solicitor to determine the history of the horse stabling and business facilities on the property.

Once again, Mr. Fred Aboid, a business partner, spoke for the Belchers. Despite the suggestion made by Solicitor Russ Pry last month, no application for a variance had been made by the Belchers. Mr. Aboid stated that they were waiting for a determination as to whether the permitted number of horses had been covered when their stable was built in 1994; that is, whether the operation was really a "private stable". He reiterated that the Belchers (et al.) wished to continue boarding up to 24 horses on the property until late in 2004, when they expected to move to a new facility in Streetsboro.
Zoning Inspector Himes showed that the Village offices had on record only the building permit for the stable itself. There was no record of the Planning Commission reviewing or permitting a business use on the property (which has a single-family home on the same parcel). BZA Chairman John Codrea stated that, lacking any formal application, the BZA could take no action. He suggested that the Belchers (et al.) obtain the appropriate forms and codes, and make the required applications to the Village for a business use of the property, as well as an application for conditional use and/or variance, as may be determined by their own legal counsel.
Later in the evening, Fire Chief Jim Robinson mentioned that the fire department had been called out on numerous occasions to respond to reports of manure fires at this facility. He stated that on some of those occasions he had seen more horses than had been mentioned in these meetings.
Resolution:
No action by the Board of Zoning Appeals.
Back to the Agenda/Map

Earl Bartell - Strimple-Kallstrom-Bartell Insurance
Review of a signage for a new business at 6701 Chittenden Road. This is Strimple-Kallstrom-Bartell Independent Insurance Inc., formerly of Hudson OH. (Also associated with Bartell Strimple & Associates Insurance Agency Inc.)

This parcel is the former site of an auto leasing company, in the GB General Business district north of Pettit Road. It consists of a 4.45A lot, parcel #1300406, with a commercial building and paved parking lot. It is now owned by Earl Bartell, of Kent OH.

The business use for this property was approved at the 3 Dec 2003 PC/BZA meeting; the matter of the signage, however, was tabled pending determination as to whether the current sign (built without approval) was in the right-of-way.
Initially, the Planning Commission engaged in a lengthy debate about the applicable portion of the code. At issue was whether this sign was higher than the "parapet" of the building, thereby being subject to BZA approval; this building has a peaked rather than flat roof. It was eventually determined that this was in fact an elevated sign as it exceeded the height of the side-wall eaves (equivalent to a parapet in this construction). There was a further debate as to whether the Building Code section 1385 required the Planning Commission to review every sign, regardless of whether the BZA had to review it as an elevated sign. Mr. Muse's opinion was: "no".
The Village Road Superintendent found that this existing sign was, in fact, in the public right-of-way. Mr. Bartell presented the BZA with a marked-up site plan showing the sign moved onto his property. Based on Mr. Bartell's drawing and photo of his existing sign, the BZA approved an elevated sign per Zoning Code 1171.13:
A 4x8 foot sign, not to exceed 18 feet in elevation, of the design and mounting shown in the exhibited drawing and photo, entirely on the private property. Mr. Bartell was informed that he would have to apply separately for a future second sign on the same mounting. He will presumably remove the existing second sign for another business that is not yet approved by the Planning Commission.
There was general agreement that the Village's sign ordinances (scattered over sections 1171, 1155 and 1385, at least) needed clarification and improvement.
Resolution:
Approved by the Board of Zoning Appeals.
Back to the Agenda/Map

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