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Boston Heights Overlook
Not an official public document by, of or for
the Village of Boston Heights OH.
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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. |
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On the agenda of the 04 May 2005 7PM meeting of the Planning Commission and Board of Zoning Appeals for the Village of Boston Heights, Ohio
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General Notes
Deputy Solicitor Jason Dodson, along with colleague Ed Muse, acted as legal counsel for the
Planning Commission and BZA. Zoning Inspector David Himes was also in attendance,
as was Engineer Steve Schreiber. Councilor Bill Goncy sat in for Clerk Maryann Bode.
Boston Hills Country Club
Application for wall sign for golf course at 105 E. Hines Hill.
Michelle Frazier, Superintendent of the golf course at Boston Hills Country Club (charter #1133590), presented a sign application to the Planning Commission. The BHZCC wass requesting approval to erect a permanent changeable-copy sign on the pavilion of its main building. The size of the sign is approximately 9ft. x 3ft. = 27sq.ft. The sign will advertise various promotions, the business website, and "O'Doul's Original & Amber", apparently some kind of near beer. (This skirts the state law banning certain kinds of advertising for alcoholic beverages.)
Deputy Solicitor Jason Dodson noted that the golf course land is zoned RES Residential, with the BHCC apparently a grandfathered use (not necessarily a conditional use as per the current zoning regulations). He explained that the Planning Commission would have to address this sign under the very restrictive sign regulations of the RES district. The sign could then only be permitted if the BZA granted a variance, which would allow a sign up to 32sq.ft. See the Village's sign regulations in Zoning Code Chapter 1179.
The PC therefore voted to refer the matter to the BZA, which apparently was a kind of tacit approval of the sign conditioned on approval of a variance. The BHCC representative was given a BZA Application form to hurriedly fill out.
Later in the evening, the BZA amended its agenda to hear this application, and reviewed the information noted above, and solicited further information. The sign would be up only during the golfing season; content would vary but be of the kind noted above, never anything salacious. The sign would be a flexible banner suspended from cables to tiepoints on the pavilion face.
Later in the evening, the BZA amended its agenda to hear this application, and reviewed the information noted above, and solicited further information. The sign would be up only during the golfing season; content would vary but be of the kind noted above, never anything salacious. The sign would be a flexible banner suspended from cables to tiepoints on the pavilion face.
On a motion by Dr. Cheung, the BZA approved a variance as follows:
Approval to erect the described on-building seasonal/occasional sign, said sign to be located on the east face of the
BHCC building, said sign not to exceed 32sq.ft., said sign not to be illuminated, said sign to contain only
advertisement for O'Doul's and/or copy relevant to the golf course or its customers. Approval conditioned upon
receipt of the proper fee for BZA application. The variance was justified by the low visibility from the road
of said sign, and the special nature of the conditional use of the property.
Toby Vizmeg
Appearance re: letter from Zoning Inspector regarding use at 581 E. Hines Hills Rd
Mr. Vizmeg is owner of this property at 581 E. Hines Hills Road, which is a 20A lot, parcel #1300365. The property is currently zoning OP Office/Professional. It was formerly the Papes Farm (aka "sheep farm") and was rezoned in 2003 from the R-1 (Residential) district (agricultural use). It has a house, barn and garage.
Mr. Vizmeg last discussed this property with the Planning Commission at its September 2004 meeting, before he had purchased it. He was inquiring as to possible uses under the new zoning, especially as regards his landscaping business. At that time, the property had been on the market for some months, and was being considered for rezoning from Residential to Office/Professional under a comprehensive rezoning plan for the Village.
Mr. Vizmeg appeared before the Planning Commission in response to a letter he received from the Zoning Inspector concerning the recent appearance of the Ruhlin Construction Co. at the site, apparently using the house as an office and the yard as a storage and parking depot. Mr. Vizmeg stated that he did not understand why he had been asked to appear before the PC. Deputy Solicitor Jason Dodson pointed out that the business had never appeared before the Planning Commission with a site plan for a review of its commercial use, as required by Zoning Code 1151.05-.10. See also the specific requirements of the OP Office/Professional district, Zoning Code Chapter 1157, particularly as regarding location and screening of waste storage space (e.g. commercial dumpster). Mr. Vizmeg had no site plan in hand, but explained a little about what Ruhlin was doing on his property -- using it as a field office for a construction project on the Turnpike.
Dr. Michael Cheung and Deputy Solicitor Jason Dodson explained to Mr. Vizmeg that he, in conjunction with Ruhlin Construction Co., must make an application to the Planning Commission explaining what they are doing there. Mr. Dodson stated that they must appear before the Planning Commission next month with a site plan. Mr. Vizmeg asked: "showing what?" as he claimed "nothing had been changed". Mr. Dodson pointed out that the Zoning Code required the site plan review, and required approval by the Planning Commission and the Zoning Inspector. He must show what is on the property and how it is being used. Mr. Vizmeg thought that this should all be the construction company's problem, and stated that he "came here as a courtesy"; he had been unable to interest his tenant in appearing. Dr. Cheung suggested that "as a courtesy we might not shut you down". Chairman John Codrea suggested that the Zoning Inspector might have to go to the site to enforce the Zoning Code; he noted that if the company appeared before the PC they should show that they have standing to do so. Barring evidence of a leasehold interest, he stated, Mr. Vizmeg as the owner is the only party that could make the application. Mr. Vizmeg stated that they have a lease agreement for one year.
From the audience, Ed Fetko, an adjacent property owner, noted the presence of a dumpster on the property that was not properly shielded, and grading on the property without permit. Mr. Vizmeg stated that the area in front of the existing barn was graded and graveled only to keep water from coming into the barn (though that area does appear to be used as a daytime parking lot by Ruhlin employees).
Chairman John Codrea reiterated that someone needed to make a proper application to the Planning Commission. Dr. Cheung asked the Zoning Inspector to give "them" two weeks to make that application, and then otherwise cite them (for violation of the Zoning Code). Mr. Dodson suggested that Mr. Vizmeg get copies of the appropriate codes and collaborate with his tenant to make this application. He noted that as the owner, Mr. Vizmeg was the one who would be "on the hook" for this violation. Mr. Vizmeg stated that he understood.
Resolution:
Spa Palace
Appearance re: canopy and neon lights in windows at 5837 Akron-Cleveland Road.
Spa Palace (charter #1246094) is located at 5837 Akron-Cleveland Road (south of Rt. 303), is a 2.2A lot, parcel #1300817, owned by Donald P. Ries. The property is zoned GB General Business, and has a commercial retail building and fenced storage yard.
This company, still co-located in Tallmadge, received approval from the Planning Commission, at the December 2004 meeting, for its use, site plan and proposed signage. It also received approval of revised signage and a revised site plan at the April 2005 meeting. Chairman John Codrea noted some ongoing violations of the product exhibit approvals that had been granted at that time.
The company's lighting contractor explained the decorative neon lighting in the windows and along the outside canopy. This is colored accent lighting, not area lighting. The canopy lighting was approved subject to the condition that the illumination be turned off at 11PM each night.
Resolution:
Prudential Auto Credit
Review of use for used car lot at Boston Commons, 6381/6395 Chittenden Road.
Prudential Auto Credit (charter #1405158) moved, quite some time ago, from the corner of Boston Mills Road & Route 8 to DunRite's Boston Commons complex at 6381-6395 Chittenden Road. This company last appeared before the Planning Commission at the July 2003 meeting, when moving to their previous location. At that time, the company "inherited" the conditional use permit previously granted for operation of a used car lot at 190 E. Boston Mills Rd.
However, no such conditional use appears to have been granted for the current location, which is in the LM Light Manufacturing district. In addition, the business has never appeared before the Planning Commission for review of its site plan and commercial use, per Zoning Code 1151.05-.10.
"Automobile Sales" is not a permitted use in any zoning district, but is a conditional use in RB Retail Business district (see Zoning Code 1160.03), and so also in the LM district (1161.03). However, no application for a conditional use certificate was submitted to the BZA for this meeting.
No one from the company showed up. Zoning Inspector David Himes stated that he had sent them a letter asking them to appear before the Planning Commission with a use and site plan as required by the Zoning Code; they had sent a one-line letter asking to appear, but made no use and site plan application. Deputy Solicitor Dodson told the Zoning Inspector that he should send the company another letter spelling out what kind of information they must bring with with their application, next month. BZA Chairman Bill Hinkle pointed out that their use would be a conditional use in the LM district, and the company should therefore be advised to apply to the BZA for a conditional use certificate as well as to the PC for use and site plan approval.
Chairman John Codrea concluded that as there was no formal application before the PC, no action could be taken at this time.
Resolution:
Air Power of Ohio
Application for conditional use certificate for former Ohio Roll Form building at 6607 Chittenden Road.
Air Power of Ohio (a trade name #1477744 of Apo Holdings Inc. of Cleveland, charter #860674), is considering use of the former Ohio Roll Form building at 6607 Chittenden Road. Air Power is in the business of sales, service and rental of air compressor and pump equipment.
This 9.2A lot consists of a 4.77A parcel (parcel #1300002) and a a 4.4A parcel (parcel #1300001). The property is currently still owned by Northeast Machinery Sales Inc. It is located in a GB General Business zoning district, just south of Route 8 Self Storage. It includes a building combining a 2,944 sq.ft. office, a 25,000 sq.ft. warehouse/shop, and an additional 15,800 sq.ft. warehouse/shop. Original construction was in 1972, with additions in 1995 and 1998. The Summit County valuation for this property is $860,030.
Northeast Machinery Sales Inc., also dba Ohio Roll Form Equipment Inc. and Iron Bay Inc., ceased operation at this location sometime in 2004. Business assets were auctioned off on 23 Feb 2005.At last month's meeting, a representative of Air Power of Ohio introduced the company's business to the Planning Commission and discussed possible plans for this site. At that time, Deputy Solicitor Ed Muse thought that a conditional use certificate might be required. The company did make application for that certificate; however, at the request of the company's representative the BZA continued the application until next month.
Resolution:
Colliers International
Application for variance for larger for-sale sign at 6607 Chittenden Road.
Mr. Brian Lenahan of Colliers International the sales agent for the owner of the property at 6607 Chittenden Road, described above, explained the agency's application for a variance to permit a 32sq.ft. temporary for-sale sign instead of the 6sq.ft. permitted in the GB district. (There is already a sign in place on the building, area unknown). Mr. Lenahan stated that the permitted sign size does not permit sufficient visibility from Route 8. The BZA examined the proposed sign and its placement on the building face, about 18 feet above grade. It was noted that for-sale signs may remain in place until shortly after the property is sold or leased.
On a motion by Dr. Cheung, the BZA approved a variance as follows:
Approval to erect a temporary for-sale sign, as depicted in the exhibits presented at the
hearing, of 32sq.ft. to be mounted on the face of the building.
The variance was justified by the long distance to the
two roads fronting the property, principally to Route 8 and its high-speed traffic.
Note that temporary for-sale signs do not require Planning Commission review or approval.
Alan Daus
Application for variance for larger for-sale sign at 6275 Chittenden Road.
Alan R. Daus & Associates appears to be the broker for the owner of the property at 6275 Chittenden Road. The agency's sign company has applied for a variance to permit a 32sq.ft. temporary for-sale sign instead of the permitted 6sq.ft. sign. Note that temporary for-sale signs do not require Planning Commission review or approval, but must be removed after the property is sold or leased.
This property was last discussed at the March 2003 meeting of the Planning Commission, for a proposed garden center.) This is a 4.13 acres lot (parcel #1300214) in the LM Light Industrial district.
Mr. David Smith, of A Sign Above Inc., addressed the Board for Alan R. Daus, agent for the property owner, Anthony DeNigris. Mr. Smith stated that the permitted sign size does not permit sufficient visibility from Route 8. The BZA examined the proposed sign and its free-standing placement about 20 feet back from the edge of the road, behind the telephone poles. It was noted that the sign must be placed outside the public right-of-way in any case.
On a motion by Dr. Cheung, the BZA approved a variance as follows:
Approval to erect a temporary for-sale sign, as depicted in the exhibits presented at the
hearing, of 32sq.ft.; not to exceed 6 feet above grade; non-illuminated; freestanding 20 feet from the road edge or
behind the right-of-way, whichever is greater
The variance was justified by the long distance to the
Route 8 and its high-speed traffic.
Note that temporary for-sale signs do not require Planning Commission review or approval, but must be removed
after the property is sold or leased.
John Debo and Jeff Winstel, CVNP
Discussion of cooperative planning with Cuyahoga Valley National Park.
John Debo, Superintendent of the Cuyahoga Valley National Park, addressed the Planning Commission. He presented Jeff Winstell and Tom Ross from the park staff. Mr. Debo stated that the Park was interested in discussing coordinated land-use planning with surrounding communities, like Boston Heights. They were particularly interested in stormwater management issues, given the expensive damage done by flooding in recent years. This also touched on large scale development near the park, since they are downhill from all surrounding areas. The Park is interested in discussing a concept called "conservation development zoning" with adjacent communities. It is also interested in preservation of greenspace around the Park, in particular the Boston Hills Country Club in Boston Heights -- especially in light of the upcoming Route 8 upgrade project. However, he noted that the Park was not proposing to "expanding the boundaries". Mr. Debo asked how these discussions might be started in a less formal setting; Mayor Ray McFall said he'd get together with him on this.
Resolution:|
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