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 7 December 2005 7PM meeting of the
Boston Heights Zoning Code
Boston Heights Business & Location List
Board of Zoning Appeals
Deputy Solicitor Jason Dodson acted as legal counsel for the Planning Commission and BZA. Zoning Inspector David Himes and Engineer Steve Schreiber were also in attendance.
BZA #1: Kowit & Passov Real Estate Group / Boston Crossings / Omni Realty
Boston Mills Road at Route 8 - "Timber Falls at Boston Mills"
Application for variance of CO 1179.04(c)(4)(B) to allow a larger for-sale sign. in a General Business district (and possibly in an Office/Professional district).
Kowit & Passov Real Estate Group is the broker for the Boston Crossings / Omni Realty commercial development planned for the northeast of Boston Mills Rd. and Route 8. This project now appears to be billed as "Timber Falls at Boston Mills". For further information on the plans for this area, see our summary elsewhere.
The Zoning Code states: "A temporary sign advertising the sale, lease, or rental of business property shall be permitted on that property, provided such sign does not exceed six square feet in area per side. ...".
A representative of the broker appeared before the BZA to request a variance allowing two (2) signs of 4x8 sq.ft. per side at various locations along Boston Mills Road. It was determined that the broker, or owner, had already erected two such signs posted on the property, one near the BP Station and one directly across from a resident's home at 340 E. Boston Mills Rd. The representative suggested that there was a hardship in that visibility of comformant signs would be poor from the roadway, among other matters. On a motion by BZA member Kevin Lightner, this matter was tabled pending receipt of further information on the apparently non-conformant signs on the Hines Hill property also owned or controlled by Omni (the former Hudson Inn hotel site). mResolution:
BZA #2: A1 Motors Inc.
6395 Chittenden Road at Boston Commons
Application for conditional use to allow auto sales in a Light Manufacturing District.
A1 Motors Inc. (charter #1539577) is a used car sales business now based in Euclid; it was established in April 2005 by Vladimar and Ilya Litvak. The company plans to move into the Boston Commons (aka Dun-Rite) facility on Chittenden Road, showing up to 20 vehicles onsite (according to their Planning Commission application). There are two other nearby used car businesses: Prudential Auto Credit, also in Boston Commons, and Northeast Auto Group, just south on Chittenden Road.
"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 proposed location is in the LM Light Manufacturing district (parcel #1300229), so a grant of conditional use is a prerequisite for the PC's approval of this site plan.
Mr. Ilya Litvak appeared to explain that the company was going to use the rear of the main Dun-Rite building. He project that they would show as many as twenty (20) automobiles on the site, but that much of their business was in export. No major repairs would be performed on-sites, just vehicle cleaning and minor sales prep.
Taking into account the strictures placed on similar nearby businesses, the Board unanimously approved a Conditional Zoning Certificate permitting the automobile sales use as described by Mr. Litvak's testimony, subject to a maximum of thirty (30) vehicles on display outside, only up to 10,000 lbs. GVW (gross vehicle weight).Resolution:
BZA #3: Maximum Performance & Handling LLC, dba MPH
5865 Akron-Cleveland Road
Application for conditional use to allow "motorcycle retail service and sales" business in a General Business District, in a proposed new facility.
Maximum Performance & Handling LLC (charter #1225786) is operated by Mr. Doug Duane. The company is considering construction of a new 9375sq.ft. facility across the street from their current location at the Boston Heights Commerce Center. Their motorcycle retail and service operation was explained their presentation at the October PC/BZA meeting.
This new location is currently owned by First Street Properties LLC of Hudson. The property consists of two parcels, parcel #1300398 and parcel #1300400 totalling about 1.36A. It is in the GB General Business district, with the Budget Inn to the north and Spa Palace to the south. A derelict house on the property was recently demolished with a practice burn by the Boston Heights Fire Department. MPH has a conditional contract to buy the property, and was applying for the necessary conditional zoning certificate per CO 1159.03(m): "Other compatible uses", as a prerequisite for the PC's review of this site plan.
Both Doug Duane, owner, and Paul Kaczmarski, architect, addressed the Board on this application. They explained that the intended use was substantially the same as that previously permitted at their current location across the street. That is, retail sales of motorcycle accessories and repair, painting and testing of motorcycles. One additional aspect was that the company would be also performing custom automobile rebuilding on a very limited basis: "vintage muscle car" restoration, perhaps 4-5 cars per year. Mr. Patel, manager of the Budget Inn next door to the site, expressed concern about noise from the facility annoying his hotel guests. Mr. Duane stated that their business was extremely quiet; the loudest operation was dynamometer testing, which is carried out in a soundproofed room so that it is barely audible in their retail area. He pointed out that there had been no complaints of noise from their current location across the street.
The BZA unanimously granted the conditional zoning certificate for the use as explained in testimony, with the same two conditions that were imposed on the current location: (1) MPH must supply documentation for the paint facility that demonstrates its compliance with all applicable regulations; (2) MPH must arrange for a timely inspection by the Village Fire Department, and receive approval therefrom.Resolution:
BZA #4: Paul R. Dumont
7600 Brandywine Road
Appeal of decision of Zoning Inspector, and application for variance to allow construction of a pole barn in the front yard in a Residential District.
This matter concerns a residential property consisting of two parcels, parcel #1200281 and parcel #1300718 totalling about 6.33A. The owners wish to put a pole barn between their house and Brandywine Road. Zoning Code CO 1153.06(a) "Front Yards", and CO 1171.05 "Accessory Buildings" appear to bear on this matter.
Mr. Dumont presented his case for variance to the BZA. He did not wish to pursue an appeal of the Zoning Inspector's finding that the proposed barn would be in his front yard/ He testified that the location of a pond, septic fields, and a major gas transport line, limited his ability to construct an outbuilding to two possible locations. His preferred location was essentially due west of his garage, in the front yard but about 300 feet from the roadway. The nearest neighbor's view of the building would be largely blocked by their own outbuilding. The other possible location would be north, in the right side yard, but would require a long and invasive access driveway. After a great deal of discussion and inspection of parcel drawings and aerial photographs, the Board voted to grant a variance to permit the pole barn, as described, to be built in the front yard so long as it was built at the preferred location indicated by the applicant's drawing, cited as an exhibit to the Board's resolution.Resolution:
BZA Old Business:
Maximum Performance & Handling LLC
5824 Akron-Cleveland Road, Units C,D,E (at Boston Heights Commerce Center)
Compliance with terms of conditional use certificate.
Maximum Performance & Handling LLC (charter #1225786) is operated by Mr. Doug Duane. The company received a Conditional Zoning Certificate for its operation at the October BZA meeting, subject to certain requirements. See also last month's meeting.
BZA Chairman Bill Hinkle noted that MPH had supplied the necessary documentation for its paint facility, and had undergone the required fire inspection. Upon questioning, Mr. Duane stated that the minor problems noted in that inspection had since been remedied. Mr. Hinkle also pointed out that Mr. Duane had previously testified that the separate, unapproved, signage for the company's painting operation (aka Bodacious Cycle Paintworks) had been removed, and that this was not operating as a separate company. However, Mr. Hinkle stated that two such signs were still posted, or had since been re-posted; Zoning Inspector concurred with this observation. Mr. Duane was asked to bring the signs into compliance, either by removing them or seeking permission to display them under the Village's Sign Ordinance (CO 1179).Resolution:
BZA New Business:
Review and approval of revised BZA Application form as requested by BZA Clerk.
PC #1: Boston Commons LLC / Dun-Rite Roofing
6395 Chittenden Road
Request for approval of preliminary site plan per CO 1151, for expansion of building trade (roofing business) use onto two adjacent parcels in a Light Manufacturing District.
Boston Commons Storage Ltd. (charter #), aka Dun-Rite Roofing, has acquired the two properties to the north of its existing facility: 6421 Chittenden Rd. (parcel #1300227 and parcel #1300231), totalling about 9.28A, and 6344 Chittenden Rd. (parcel #1300227), about 1.63A. All these properties lie in an LM Light Manufacturing district, and appear to have been recently combined into a single parcel #1300956. The company plans to expand its business facility rental operation into those lots, and will present a preliminary site plan. For the time being, however, the company has applied to expand the Dun-Rite Roofing business into the next lot north, for parking and storage, but at the same time continue renting out the two residential homes grandfathered on the two parcels.Tony Ulmina, owner of Dun-Rite, appeared to explain his proposed site plan. The existing Dun-Rite parcel had already been consolidated with the newly-acquired lots to the north. He expected to add five (5) more multi-use buildings, similar to those already in the Boston Commons complex. He intended to build the first of these within 2-5 years, with build-out in 5-10 years. He wished to continue renting the two existing homes for residential use until they were removed somewhere in that time frame. He also intended to move his existing outside storage into an existing barn. At this time, he wanted to obtain approval for the grading and tree-clearing phase of the development (some of which appears to have been carried out already). Village Engineer Steve Schreiber stated that he was waiting for approvals from Summit Soil and Water. From the audience, Mr. Hinkle asked whether there was an issue in grandfathering the residential use of these commercial properties while at the same time allowing commercial use to be expanded onto those (formerly separate) parcels. This concern was brushed off by the PC and its counsel. The Planning Commission voted to approve the preliminary grading and tree clearing phase of the site plan, subject to the necessary outside approvals being received by the Engineer.
Grading and clearing approved by the Planning Commission.
Back to the Agenda/Map
PC #2: Ronald and Neera Antal
Meghan's Lane Subdivision
Request to re-plat Lots 3, 4 and 18 of Meghan's Lane Subdivision into Lots 3R and 18R.
The Antals wish to re-plat the new Meghan's Lane subdivision to combine lots 3, 4 and part of 18 into new lots 3R of 4.63A and 18R of 1.90A. Mr. Antal presented drawings showing the proposed platting, along with a purchase agreement with the property owner to demonstrate his standing. The owners of several adjacent lots stated that they had no objection to this change. It was demonstrated that the new and remaining lots were still compliant with all requirements of the Zoning Code: frontage was the same or more, and lots sizes remained greater than 1.5A. The Planning Commission voted to approve the revised platting and recommend its adoption to Village Council, which has the final say on the matter.Resolution:
PC #3: A1 Motors Inc.
6395 Chittenden Road at Boston Commons
Request for approval of use and site plan per CO 1151 of auto sales business in a Light Manufacturing District.
The Planning Commission reviewed the use and site plan for this used-car sales business; see the related BZA hearing for this conditional use, above. Mr. Litvak stated that most parking would be behind the main Dun-Rite building. Most sales would be via the Internet, not from on-site display. Most vehicle prep would occur inside the building. The PC voted to approve the site plan as submitted. However, as there was no information on the business' signage, Mr. Litvak was asked to return next month with the necessary drawings.Resolution:
PC #4: Maximum Performance & Handling LLC, dba MPH
5865 Akron-Cleveland Road
Request for approval of preliminary site plan per CO 1151, for "motorcycle retail service and sales" business in a General Business District, in a proposed new facility.
The Planning Commission reviewed the use and site plan for this motorcycle retail and service business; see the related BZA hearing for this conditional use, above. Mr. Duane and Mr. Kaczmarski stated that they were still waiting for EPA approval of the proposed septic system layout, and the current site plan was still one short of the necessary 41 spaces. From the audience, Mr. Hinkle pointed out that CO 1159.06(b) prohibited parking in the front yard within this GB General Business district, and that a variance would be required before any approval of the current site plan. At the suggestion of Solicitor Jason Dodson, the PC voted to table this matter pending EPA approval and submission of a possibly-revised site plan.Resolution:
PC #5: Boston Hills Property Investment LLC (Continued from November)
Boston Hills Country Club at Hines Hill Rd. & State Rt. 8.
Proposal for new zoning code to provide for redevelopment of the golf course as a mixed-use PUD with 450-639 housing units and retail.
Boston Hills Property Investment LLC (charter #1569813), a consortium of developers formed 16 Sep 2005, has proposed redevelopment of the Boston Hills Country Club. This is the 167+ acre golf course at the heart of Boston Heights, at E. Hines Hill Road and State Route 8.
The developers made their initial presentation at last month's Planning Commission meeting, proposing 639 housing units, at various densities all much higher than that currently permitted, and some retail zoning. Such development would presumably require new provisions in the Zoning Code. The developers' application mentions a PUD: " Planned Unit Development". Note that a similar, but much smaller, cluster home PUD proposal from Omni Realty was reviewed with disfavor by the Planning Commission in 2004.
The golf course is currently zoned RES Residential; the golf operation is grandfathered, although such use is also now a conditional use in that zoning district. The Boston Heights Zoning Code provides for a minimum residential lot size of 1.5 acres. Of the features in this proposal, only the retail use is allowed for in the current Zoning Code (although not on this property, as currently zoned). There is no provision for development of residential subdivisions with lots under 1.5A, or cluster housing, or multi-family housing, e.g. apartments or townhouses. There were 407 homes in Boston Heights as of Census 2000); some have been built in the Village since then.
The developers returned with a modified proposal. A rendering based on their second proposal drawing is shown here. This scheme calls for:
The development company's presentation was once again made by: Mr. John Slagter, an attorney with Buckingham, Doolittle and Burroughs (Cleveland); Mr. Ken Outcalt, director project management for NRP Group; and Mr. Sam Petros of Petros Homes. In addition, Mr. Scott from NRP Group also provided some commentary on the multi-family portion of the proposed development, which he was provisionally calling "Hines Hill Station". The intention was to build 75 townhouses for sale, and 150 apartment units, in the eastern area of the property, near small-scale retail. Mr. Petros once again addressed the single-family home part of the proposal, noting the reduced number of proposed housing units and some increase in green space. Both he and Mr. Slagter restated their view that the current Village Zoning was unconstitutional.
Also submitted for this meeting was the Cuyahoga Valley National Park's objection to this development proposal, along with alternative suggestions and technical data on watershed impacts.
Yet another extended discussion of the zoning and development issues ensued; also see the notes from last month's meeting, and the Village's official minutes of this meeting. The matter was once again tabled until next month; Mr. Scott anticipated that they would be submitting a proposed PUD Zoning Code that would permit this kind of development.Resolution:
PC Old Business
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. Previously, PC member and Council representative Dr. H. Michael Cheung announced that he is compiling a narrative that would reflect the history and intent of the Village's land use and zoning plan.
Consideration of further changes to Zoning and Building Codes
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