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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. |
On the agenda of the 06 July 2005 7PM meeting of the
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Board of Zoning Appeals
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Planning Commission
Tequila Pancho’s Restaurant: Patio right-of-way and width variance, required survey. Other Links: Boston Heights Zoning Code Boston Heights Business & Location List |
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 and Engineer Steve Schreiber also attended.
BZA #1: John's Landscaping and Tree Service
John & Glenda Baker
67XX Chittenden Road (vacant lot at north end of Chittenden)
Application for Conditional Zoning Certificate for location of landscaping & tree service business in a
General Business district, or appeal of the Zoning Inspector’s decision on use.
John's Landscaping and Tree Service appears to be an unregistered trade name of John T. Baker Enterprises (charter #638327), headed by Mr. John Baker of Boston Mills Road in Boston Heights. The company is currently headquartered on Sullivan Road in Hudson, though much of its tree service equipment is run out of Mr. Baker's home on Boston Mills Road.
Last month, the BZA discussed the business use of an office and warehouse building on land owned by Mr. & Mrs. Baker at the very north end of Chittenden Road, just north of Coyote Loaders. This is a 4.65 acre lot (parcel #1300233) in the GB General Business district. It was explained that the Bakers expected to move their business headquarters from Hudson, and their equipment from their residence, to this new facility.
At that same meeting, Deputy Solicitor Jason Dodson stated that, in his view, the company's proposed activities showed that it would qualify as a permitted use in the GB General Business district: "building trades". In the absence of an objection from the Zoning Inspector, the BZA therefore did not further address the question of a conditional use. However, the BZA did not make a formal finding to either override the Zoning Inspector's finding or grant (or deny) a conditional use. This was re-addressed this month, as a affirmative decision on the use was a prerequisite for the PC's review of this site plan.
Also last month, the BZA granted a dimensional variance of Zoning Code 1151.04(a) to allow a specific warehouse addition.
This Month
The Baker's representative explained that the company would be using the site for office, warehouse and vehicle storage
for a landscaping business. No outside storage of landscaping materials was anticipated because the company had a
separate, approved, facility for that purpose (Roller Farms). Vehicles were expected to be stored inside the new facility.
Despite facing some argument from the applicant, Zoning Inspector David Himes stood firm on his decision that this use
was not a "building trade" as permitted in the GB General
Business district.
Dr. Mike Cheung moved to permit a conditional use under the "other compatible uses" clause of Zoning Code 1159.03(m). The motion stipulated that there be no outside storage of landscaping materials, and up to one (1) business vehicle stored outside. The Chair inquired as to the applicants' view on these conditions; Mr. Baker vehemently protested any such conditions, noting among other things that other businesses on Chittenden had vehicles displayed outside. Dr. Cheung offered to withdraw his motion, but the Chair ruled against this, as it had been seconded. The motion was defeated 1-2, with Mr. William Hinkle voting for the conditional use as stated, and Dr. Cheung and Mr. Kevin Lightner voting against.
There followed a long and rather heated discussion, wherein Solicitor Jason Dodson re-explained the concept of a conditional use. Eventually, a motion by Dr. Cheung to reconsider the application was approved unanimously. Dr. Cheung then offered a new motion to permit a condition use; lacking any objection from the applicant, this was unanimously approved:
A conditional zoning certificate was approved to permit a conditional use of the property as described by the applicant, with the conditions that only "casual" outside storage of landscaping materials is permitted, and only up to four (4) business vehicles may be stored outside.
See also the Planning Commission's review of this site plan.
Resolution:
BZA #2: Prudential Auto Credit
6381 Chittenden Road (Boston Commons)
Application for Conditional Zoning Certificate for operation of automobile sales business in a Light
Manufacturing District.
Prudential Auto Credit (charter #1405158) is a used car sales business; also dba Galaxy Motorcars. The sales office moved, in mid-2004, from the corner of Boston Mills Road & Route 8 to the DunRite/ Boston Commons complex at 6381-6395 Chittenden Road. This company last appeared before the PC at the July 2003 PC meeting for review of the previous location. Until now, the company has not appeared before the BZA and PC with regard to the new location.
"Automobile sales" is a conditional use in the RB and LM districts; see Zoning Code 1160.03(e) and 1161.03(c). The company's new location is in the LM Light Manufacturing district (parcel #1300229). This month, the BZA will consider the company's application for a Conditional Zoning Certificate to allow this conditional use. A grant of conditional use is a prerequisite for the PC's review of this site plan.
Note that there have been two similar businesses allowed in the vicinity: Mayfield Motors and Northeast Auto Group. In both of those cases, there were a number of conditions imposed by the BZA.
This Month
No one from Prudential showed up to address this application. The Clerk of the BZA, Ms. Maryann Bode, reported
that someone from the company came to the Village Hall to complete the BZA application, but arrived after business
hours the previous day. On a motion by Dr. Cheung, the BZA voted to defer the matter, and asked Ms. Bode
to notify the company that it could be on next month's agenda if it completed its application.
BZA #3: Duke Realty Ohio
61XX Chittenden Road (vacant lot near south end of Chittenden)
Application for variance of CO 1179.04(c)(4)(B) to allow a larger for-sale sign.
This 4.14A lot (parcel #1300238) is owned by Duke Realty Ohio (charter #1354955), and is vacant commercial property within the LM Light Manufacturing zoning district. The parcel lies north of the ODOT maintenance center and south of R.B. Thomas Electric, and is adjacent to and contiguous with Duke's larger holding in the City of Hudson (129.37A, parcel #3009587). This is where Duke is developing Phase 1 of the Terex Road Extension, north from Route 303. Duke Realty Ohio is the trade name of an Indianapolis IN partnership between Duke Realty Corporation (charter #831066) and Duke Realty Limited Partnership (charter #988310). The property was granted a variance for a reduced timbering buffer at the March 2005 BZA Meeting.
A representative explained that company was seeking a variance to allow a larger-than-permitted for-sale sign on the premises. They wished to retain a 32sq.ft. free-standing sign, which in fact had already been posted for months, apparently due to some misunderstanding. The BZA noted that this was similar to a for-sale sign variance hearing at the May 2005 BZA meeting, as this parcel is just down Chittenden. (Note that conforming for-sale signs do not require Planning Commission review or approval, but in all cases be removed after the property is sold or leased.)
After some discussion, and upon a motion by Dr. Cheung, the BZA found that the sight lines from that part of Chittenden, and from the Route 8 ramp, represented a hardship, and granted a variance to allow the one-sided sign described by the applicant, not to exceed 32sq.ft., not to exceed 6 feet in height above grade, to be non-illuminated, and to be placed not less than 20 feet from the edge of the roadway by in no case within the public right-of-way. The vote for this variance was unanimous.
Resolution:
BZA #4: Briarwood Properties
561 Hines Hill Road
Application for variance of CO 1179.04(c)(4)(B) to allow a larger for-sale sign.
This 2.33A lot (parcel #1300917) is owned by Briarwood Properties of Akron, OH (charter #727918), and includes a 10,620sq.ft. office/warehouse building, originally constructed in 2001 for Advanced Health Systems. Briarwood purchased the property for $800,000 in April 2005, from Future Dreams LLC -- apparently a holding company for the previous owners, Mr. Scott Carter et al.
The company is seeking a variance to allow a larger-than-permitted for-sale sign on the premises (which in fact has already been posted for months, apparently due to yet another misunderstanding). This may be similar to a for-sale sign variance hearing at the May 2005 BZA meeting, although this parcel seems to have very different frontage and visibility characteristics. Note that conforming for-sale signs do not require Planning Commission review or approval, but must be removed after the property is sold or leased.
A representative explained that company was seeking a variance to allow a larger-than-permitted for-sale sign on the premises. They wished to retain a 32sq.ft. free-standing sign, which, as in the Duke case above, had already been posted for months. The BZA noted that this was not entirely similar to previous for-sale sign variance requests in that the sight lines were not obviously so long. The applicant pointed out that the lot was relatively narrow, and the sight lines along the roadway approaches were obscured by foliage. Therefore motorists had little time to notice and read the sign. He also pointed out that the 4x8ft. sign format was "standard" for commercial for-sale signs.
After some discussion, and upon a motion by Dr. Cheung, the BZA found that the lot width and sight lines from the roadway represented a hardship, and granted a variance to allow the one-sided sign described by the applicant, of the 4x8ft. size as described, having one side, facing the roadway, to be placed parallel to the roadway at least 45 feet from the public right-of-way, to be non-illuminated and not to exceed 6 feet in height above grade. The vote for this variance was unanimous.
Resolution:
BZA #5: David Morris
6509 Olde Eight Road
Application for variance of CO 1171.03 to split 3A lot into two lots.
This 3.23A lot (parcel #1300329) is owned by David and Linda Morris. It is a RES Residential district lot that already contains a 3,130sq.ft. home.
Mr. David Morris appeared before the Board to explain his request, with the assistance of Village Engineer Steve Schreiber. Mr. Schreiber explained that Mr. Morris' request for a lot split had been refused because the requested lots did not meet the requirement of the Village Zoning Code; specifically, the resulting lots were not at least 1.5 acres, and did not meet frontage requirements. Further, they did not meet the other requirements of the so-called "Donley Initiative", which permits "flag lot" splits under certain circumstances.
Mr. Schreiber also mentioned that he did not want to mislead the owners into thinking that a lot split was ensured if the Village approved: the Summit County Health Department also needed to approve the resulting lots for septic systems. Mr. Morris assured the Board that he understood this was "another hurdle" he had to deal with.
Mr. Morris explained that this lot was part of a 1972-era subdivision of a larger property that had been in his family since the 1940's. He stated that this further lot split had been intended, and to his understanding permitted by the Village, back in the early 1970s, but had never been recorded with the County. He pointed out a "dotted line" on the county tax map where he wished to make this split. Mr. Schreiber explained that this kind of reference line meant nothing from a legal perspective; it may simply reflect a quirk of the survey used to describe the parcel. The BZA was presented with minutes from the October 1972 meeting indicating that a variance had been granted for a certain driveway to access the lots created by a split of the original larger lot. While a lot split was originally proposed to yield 2+A and 1+A lots, it was pointed out that the current Village codes required a minimum Residential lot size of 1.5 acres.
After some further discussion, and upon a motion by Dr. Cheung, the BZA found that the intent of the October 1972 meeting was to permit a further subdivision of this lot, and granted a variance to the "Donley Initiative", Zoning Code 1171.03(b), as follows: to waive the requirement of an original lot size of at least 4 acres, given that this lot was at least 3 acres; to waive the requirement of new lots of at least 2 acres, so long as the new lots were at least 1.5 acres. The vote for this variance was unanimous. It was pointed out to Mr. Morris that this did not guarantee permission from Summit County.
Resolution:
BZA #6: Application Deadline of 15 days for BZA Applications
Dr. Cheung introduced a resolution to require all BZA applications to be submitted at least 15 calendar days before the next BZA meeting. This brings the BZA into conformance with the new Planning Commission deadline. (The BZA's Rules of Procedure permit the board to codify application requirements of this kind.)
The deadline for completed applications (with fee) is 1/2 hour before closing of the Village Hall on the 15th day before a meeting; if the Village Hall is closed that day, then on the next business day. Normally the deadline would then be 3:30PM on the 3rd Tuesday before a regular meeting of the BZA.
Resolution:
PC #1: John's Landscaping and Tree Service
John & Glenda Baker
67XX Chittenden Road (vacant lot at north end of Chittenden)
Request for approval of site plan per CO 1151, for landscaping & tree service business in a General
Business district.
See the related BZA hearing, above, where the BZA granted a Conditional Zoning Certificate for a conditional use as a landscaping facility, with some conditions. The Planning Commission reviewed the plans for the business' use of the site, the site layout and the building. The applicant pointed out a stormwater detention pond behind the building and parking area, beyond which is a septic site. There is a stream and wetlands further to the east on the property (adjacent to the residential neighbors); there are two small wetlands areas that might be effected by the building & parking. This is all pending Ohio EPA approval of the site plan. The parking area will be screened by evergreen plantings. Water will be supplied from a well.
It also reviewed a proposed freestanding pole sign, 7x4.5ft (31.5sq.ft.) per side, 7ft. above grade, indirectly illuminated with ground-mounted fixtures. The PC then unanimously approved Dr. Cheung's motion to approve the "preliminary site plan" along with the proposed sign, with these further strictures: that the sign lighting not be a hazard at the roadway nor shine on adjacent properties.
Interestingly, the proposed building was described as masonry brick on the office area, with half-height masonry block and upper vinyl siding on the warehouse. However, Zoning Code 1151.04(c) and Zoning Code 1171.14 require such a building to be entirely of masonry or brick exterior. For example, Liberty Harley-Davidson was granted a narrowly-drawn variance to use a specialty metal siding on its buiding, at the October 2002 BZA meeting. The Planning Commission did not address this point in its discussion, and it is not clear whether its approval of the site plan somehow overrides this requirement, or if a further variance is otherwise required.
Resolution:
PC #2: Prudential Auto Credit
6381 Chittenden Road (Boston Commons)
Request for approval of site plan per CO 1151, for automobile sales business in a Light Manufacturing
District.
See the related BZA hearing, above. Since no one from Prudential showed up to address this matter, the Planning Commission deferred it to next month.
Resolution:
PC #3: Hudson Plumbing LLC - Michael J. Hudson
5824 Akron-Cleveland Road, Suite B (at Boston Heights Commerce Center)
Request for approval of site plan per CO 1151, for plumbing business in a Light Manufacturing
District.
Hudson Plumbing LLC (charter #1415176) is operated by Mr. Michael J. Hudson. (The company's advertisement appears on the back cover of the 2005 Alltel phone directory.) The company proposes to occupy Suite B of the Boston Heights Commerce Center at 5824 Akron-Cleveland Road, a multi-tenant facility owned by Kallstrom-Taylor Partnership LLC. This is a 13560sq.ft. office/warehouse building on a pair of lots: 4.26A (parcel #1300194) and 2.85A (parcel #1300465) in the LM Light Manufacturing district.
Mr. Michael Hudson, of Hudson Plumbing, explained that his company would be using Suite B at this facility for a plumbing business, serving both commercial and residential customers. The building would be used for office purposes, and for some material storage. The company has one other office employee, besides Mr. Hudson himself. The company would add its sign to the existing multi-tenant free-standing sign frame in front of the facility. The use and site plan,and the sign, were reviewed and unanimously approved by the Planning Commission, with the original approvals for the existing building itself incorporated by reference.
Resolution:
PC #4: The Ruhlin Company (renter) / Toby Vizmeg (owner)
581 Hines Hill Road
Request for approval of site plan per CO 1151, for office (temporary) use in an Office/Professional
District.
The Ruhlin Company (charter #209621) is renting a facility from Mr. Toby Vizmeg at 581 Hines Hills Road, the former Papes Farm. This 19.74A lot (parcel #1300365) contains a barn, garage and 1,724sq.ft. house. This is in the OP Office Professional district, as specified by Zoning Code Chapter 1157.
A use and site plan review had been planned for the May 2005 PC Meeting, but this turned into an advisory session for Mr. Vizmeg. There was no follow-up by either party at the June 2005 meeting.
A representative of the Ruhlin Co. explained that the house on this site has been used by Ruhlin for some months as a temporary field office for some construction work being done on the Ohio Turnpike. A number of vehicles rendezvous there daily, with several remaining parked on the premises all day and one truck all night. There is some incidental storage of construction materials outside, which he offered to have removed.
While this did not come up at the hearing, there is also an un-enclosed dumpster near the garage, which does not appear to be complaint with Zoning Code 1157.08. It is not known whether a new Occupancy Permit was ever granted by the Village upon the change of use from Residential to commercial, as seems to be required by Zoning Code 1147.01. Mr. Vizmeg dismissed an inquiry about a parking area being graded earlier in the year as a minor landscaping matter.
Resolution:
PC #5: Consideration of corrections and changes to Zoning and Building Codes.
At the invitation of PC Chair John Codrea, Mr. William Hinkle distributed an outline of various corrections and changes that might be considered for the Zoning and Building Codes. Mr. Codrea asked Mayor Ray McFall to authorize the Solicitor to compile a strike-and-add change document for the next meeting.
Resolution:|
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from the Village of Boston Heights OH or other public entities. Other materials Copyright 2001-2005 W.J.Hinkle and Boston Heights Overlook Boston Heights Overlook and BostonHeights.Org are not affiliated with the Village of Boston Heights OH. |