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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 03 August 2005 7PM meeting of the Planning Commission and Board of Zoning Appeals for the Village of Boston Heights, Ohio
Click on items or parcels for more info.	Board of Zoning Appeals Prudential Auto Credit 6381 Chittenden Road (Boston Commons) Application for Conditional Zoning Certificate for operation of automobile sales business in a Light Manufacturing District. Conditional Use approved by the Board of Zoning Appeals; see below.	Planning Commission Prudential Auto Credit 6381 Chittenden Road (at Boston Commons) Request for approval of site plan per CO 1151, for automobile sales business in a Light Manufacturing District. Use & site plan approved by the Planning Commission; see below. Dennis Cerny 6350/6367 Chittenden Road Request for approval of site plan per CO 1151, for construction and business use of a storage building in a Light Manufacturing District. Reviewed and deferred by the Planning Commission; see below. Consideration of corrections and changes to Zoning and Building Codes. Deferred by the Planning Commission; see below. Consideration of long-term Village planning issues Per Council Res. 31-2004. Deferred by the Planning Commission; see below. Other Links: Boston Heights Zoning Code Boston Heights Business & Location List

General Notes
Deputy Solicitor Jason Dodson soloed as legal counsel for the Planning Commission and BZA. Zoning Inspector David Himes and Engineer Steve Schreiber also attended.

BZA #1: 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). The grant of conditional use was a prerequisite for the PC's review of this site plan.

Mostofa Gitiforooz presented the company's application to the Board. Mr. Gitiforooz explained that there are actually two companies in this location: Prudential Auto Credit handles retail sales, and Galaxy Motorcars handles wholesale. The company operates out of office and garage space already built and approved as part of DunRite's Boston Commons complex. They clean up and prepare cars for sale but do not do painting or major repairs onsite. They would have a maximum of 30 vehicles on display, usually fewer, and none bigger than a larger pickup truck or similar vehicle.

Taking into account the strictures placed on two similar nearby businesses, the Board unanimously approved a Conditional Zoning Certificate permitting the automobile sales use as described, subject to a maximum of 30 vehicles on display outside, only up to 10,000 lbs. GVW (gross vehicle weight).

PC #1: Prudential Auto Credit
6381 Chittenden Road (Boston Commons)
Request for approval of us and site plan per CO 1151, for automobile sales business in a Light Manufacturing District.

See the related BZA hearing, above. Mr. Gitiforooz showed a sketch of his site and further explained his operation and existing signage to the Planning Commission. In light of the conditional use approval and the companies' occupancy in an existing facility, the Planning Commission approved the site plan and use by both Prudential Auto Credit and Galaxy Motorcars.

PC #2: Dennis Cerny
6350/6367 Chittenden Road
Request for approval of use and site plan per CO 1151, for "storage" business in a Light Manufacturing District.

This 9.2A lot consists of two 4.6A parcels (parcel #1300230 and (parcel #1300232) owned by Mr. Dennis Cerny of Northfield OH, operator of Cerny Excavating & Trucking. This is vacant property within the LM Light Manufacturing zoning district, just south of Dunn-Rite Roofing's "Boston Commons" complex. The Village of Boston Heights is currently involved in a legal matter with Mr. Cerny over the conditiona and use of this property (Case # CV-1997-10-5421). Click here for the Court's Stipulated Entry (agreement) of 17 May 2005.

At the March 2005 PC meeting, John M. Manos (Mr. Cerny's former attorney) introduced an application for use of the property for "building trades", specifically to include a metal-sided building on the site. The PC reviewed the application and referred it to the Village Engineer due to his concerns about wetlands and topology, and deferred the application due to its lack of the required landscaping plan and bond.

This month, Mr. Cerny's new lawyer, John Daily, briefly reviewed the status of Mr. Cerny's property and his building plans. Village Engineer Steve Schreiber listed a few approvals and documents he still requires for this application, including a grading plan that reflect current topology -- since the property was re-graded since the proferred 1999 plan. Mr. Daily took these requirements under advisement, and the Planning Commission again deferred the matter to a future meeting.

PC #3: Consideration of corrections and changes to Zoning and Building Codes.

Last month, an outline was distributed listing various corrections and changes that might be considered for the Zoning and Building Codes. In response to a request by PC Chairman John Codrea, Deputy Solicitor Jason Dodson created a strike-and-add change document covering the purely technical changes from that outline. Mr. Dodson suggested that the PC and BZA review these modifications for discussion at the next meeting; he suggested handling these simpler matters before tackling more substantive policy changes.

PC #4: Consideration of long-term Village planning issues per Council Res. 31-2004.

With Resolution 31-2004, Village Council asked the Planning Commission to enter into discussions with adjacent communities and to consider planning and zoning coordination, including the possibility of residential growth limitation. Last month, PC member and Council representative Dr. H. Michael Cheung announced that he would bring to the PC a draft response to this mandate. As Dr. Cheung was absent this month, no further progress was made on this matter.

Deputy Solicitor Jason Dodson, however, conveyed the Village Solicitor's concern that any such limitation be thoroughly supported by careful study and documentation. He pointed out that Hudson's Residential Growth Ordinance had survived lengthy court challenges because its raison d'etre was well supported by paid studies and extensive documentation. Council Rep. Bill Goncy again mentioned his interest in a formal Comprehensive Plan for the Village.