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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. |
Results of the 7 June 2006 7PM meeting of the
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Other Links: Boston Heights Zoning Code Boston Heights Business & Location List |
Board of Zoning Appeals
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General Notes
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: Maximum Performance & Handling LLC, dba MPH
5865 Akron-Cleveland Road
Application for variances in a General Business District, for nonconforming parking & materials.
Maximum Performance & Handling LLC (charter #1225786) is operated by Mr. Doug Duane. The company is planning a new 11000/16000+sq.ft. facility across the street from their current location at the Boston Heights Commerce Center. Their motorcycle retail and service operation was explained at their presentation at the October PC/BZA meeting. The company received a conditional use certificate at the December BZA meeting, and received approval of its preliminary site plan at the January PC meeting, a parking variance at the March BZA meeting, approval for the revised site plan at the March PC meeting and again at the May PC meeting.
This new location is currently owned by DMG Development Ltd of Hudson (charter #1082046), purchased on 25 January 2006 from First Street Properties LLC of Hudson for $145,000. 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.
This month, the company has again found it necessary to change the proposed site plan. The company's architect, Mr. Paul Kaczmarski, submitted to the Board an even newer update to the site plan. This plan has two septic mound areas to the north and northeast, with 37 parking spaces. An additional 10 parking spaces would be land banked at an area to be currently used for a detention pond. Mr. Kaczarski explained that this could be converted to underground stormwater detention if the spaces were required in the future. For the moment, a variance would be needed to build this limited number of spaces, which is less than required by code.
The building footprint would be about 11,868sq.ft. with a gross floor area of around 16,800sq.ft.; previous testimony had established that the building's distribution of uses would require about 56 parking spaces, by code. The Board had previously heard testimony that the nature of the business would require fewer than 40 spaces. After further discussion, the BZA granted the variance with the stricture that the parking must be re-examined by the Board upon a change of use or on the advice of the Zoning Inspector.
Mr. Kaczmarski asked for a further variance, with relief from the Zoning Code 1151.04(c)(1) requirement that commercial buildings have a "brick or ornamental masonry exterior". He exhibited samples of the materials for the proposed block and metal exterior treatment, and reviewed the exterior finish of adjacent and nearby buildings. He also noted that the new building for John's Landscaping on Chittenden, also in the GB district, has a mixed exterior finish; the Chairman of the BZA pointed out that no variance had been granted for that building and so could offer no explanation as to how that passed muster with the Planning Commission.
Chairman Bill Hinkle, and Mr. Chuck Robinson in the audience, both objected to the featureless building elevation proposed for the frontage along Akron-Cleveland Road, since the building is to be primarily oriented toward Route 8. Mr. Hinkle suggested that the Planning Commission examine this matter during its site plan review. Recognizing the nearby architecture and the quality of the proposed materials, the BZA granted the requested variance.
Resolution:
PC #1: The Carr Law Office, LLC
5824 Akron-Cleveland Road, Suite A (at Boston Heights Commerce Center)
Application for permit to erect sign per CO 1179, for a law office in a Light Manufacturing District.
The Carr Law Office LLC (charter #1568489), occupies the front unit, Suite A, of the Boston Heights Commerce Center. This multi-tenant facility, owned by Kallstrom-Taylor Partnership LLC, 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. Adam E. Carr received approval of his site and use plan, and an illuminated 2x10 foot sign, at the January 2006 PC meeting. After last month's no-show, Mr. Carr appeared this month to speak to this application for a permit to erect an additional sign. He explained that this 36x20 inch blue-and-white sign was to be added to the landlord's common tenant sign frame iin the front yard. The PC approved the permit.
Resolution:
PC #2: Maximum Performance & Handling LLC, dba MPH
5865 Akron-Cleveland Road
Application for final site plan approval per CO 1151,
for "motorcycle retail service and sales" business in a General Business District.
Previous PC approvals were granted for this project's earlier preliminary site plans, at the March 2006 PC meeting, and May 2006 PC meeting. Further changes to the building and septic system necessitated yet another substantial change in that plan, which the company is presenting as a final site plan.
Mr. Paul Kaczmarski, MPH's architect, explained the new site plan, as described earlier in the BZA hearing. He noted that the final septic approvals from the Ohio EPA were still pending, and also noted the variances granted by the BZA for parking and exterior materials. Dr. Cheung asked about the side of the building facing Akron-Cleveland Road, which seemed to be essentially blank. Mr. Kaczmarski agreed that there were no architectural features planned for that side of the building, but there would be some kind of landscaping treatment. He went on to explain the siding materials.
Mr. Bush asked whether the two planned detention basins would be dry or wet (ponds); Mr. Kaczmarski expected them to be dry, but the final answer was pending final site engineering. Dr. Cheung asked about the location of HVAC equipment; Mr. Kaczmarski stated that they would be atop the building, visible and not screened by a parapet or the like. From the audience, Mr. Chuck Robinson renewed his objection to the "warehouse"-like face of the building toward Akron-Cleveland Road, which is the nominal fronting road for the site. He noted that the other nearby commercial building faced that road with windows and doors. This inspired some further discussion of the matter: Chairman Codrea asked about cost impact of adding some windows on that side; Mr. Kaczmarski and Mr. Duane thought it could be done (if necessary) at fairly low additional cost. A discussion of the security issues led to the suggestion that these windows be put on the 2nd floor, which would also serve to illuminate that area with natural light. From the audience, Councilor Janet Miller asked whether signage was expected on that side of the building; the answer was "yes", but it was not currently under consideration. Mr. Bush stated that he did not care about windows or architectural treatment, but was more worried about future signage, and the decorative banding around the building.
Finally, with an eye to not delaying the project unnecessarily, Mr. Codrea suggested a motion to approve the site and building plan with the proviso that three horizontally-oriented windows be added to the west side of the building at the second floor level, with this and all other site matters subject to the approval of the Village Engineer. This motion was made and adopted by the Planning Commission, approving the site plan with those conditions.
Resolution:
PC #3: James H. Kurtz / L. Matthews+M.Hodge (owners)
6300 + 6256 Olde Eight Road (aka Matthews estate & Hodges residence)
Application for approval of preliminary site plan for 11 lot subdivision in a Residential District.
Mr. Kurtz, a developer, is proposing an 11-home subdivision on the property best known as the estate of the late Ben Matthews, along with an adjoining property. The property is near the south end of Olde Eight Road, west to the Bike & Hike Trail. The bulk of the property, at 6300 Olde Eight Rd., owned by Linda Matthews, comprising a 43.4A parcel (parcel #1300904) in the Hudson School District and a 1.7A parcel (parcel #1200061) in the Woodridge School District. The balance of the property, at 6256 Olde Eight Rd., is a 2.3A parcel (parcel #1300903) owned by Margaret Hodge and Samuel Marshall. (The Mrozik property, at 6304 Olde Eight Rd., is not included in this project). All this land is in the Residential District.
Mr. Kurtz explained his preliminary site plan to the PC, noting that the existing houses would be removed from both parcels and 11 new multi-acre parcels platted as homesites. These sites would have well water and septic systems, as these utilities are not available at the south end of Olde Eight Road. Village Engineer Steve Schreiber noted a slight problem with Lot #7's frontage, which would have to be expanded to meet code. He also noted that the development would have a dedicated public road, and that final engineering might change the proposed lot lines and septic field placements. Dr. Cheung noted that this was the first subdivision subject to the new Riparian Setback ordinance, and remarked on the depiction of those setbacks on the drawings.
From the audience, Cheryl Beyer of Olde Eight Road asked whether a footpath could be provided, with a public easement, for access to the Bike and Hike Trail that runs behind this parcel. Mr. Kurtz stated that he was already planning to provide that feature (thought this was not shown on the preliminary site plan). In response to a question from Bill Hinkle of Boston Mills Road, Mr. Kurtz explained that he expected to retain as many existing trees as possible and feature these as wooded lots. Some trees would have to be removed for homesites and septic fields, but the roadway was expected to follow the existing driveway, more or less. Mr. Kurtz also stated that he would develop the property but would not build the homes. Dr. Cheung reminded him that the Village required ditch-and-swale drainage, not culverts or storm sewers.
Chairman Codrea noted comments on this project's stormwater management and other features were received from Kevin Skerl, ecologist for the Cuyahoga Valley National Park; these were included in the record and passed along to Mr. Kurtz. The Planning Commission approved the preliminary site plan, with the observation that details may change with final engineering requirements. In response to a final question from Engineer Schreiber, Mr. Kurtz stated that the subdivision was to be called "Brighton".
Resolution:
PC #4: Village of Boston Heights
Village Hall, 45 E. Boston Mills Road
Application for permit to erect freestanding sign per CO 1179, in a Residential District for existing conditional use as municipal office.
The Village Hall's freestanding sign was destroyed in some sort of mysterious incident last year. The sign was used to identify the Boston Heights Village Hall and announce Council meetings and community events. Council President Bill Goncy, who has pursued re-design and replacement, exhibited sketch of the new sign, and explained that it would be a little further off the road, up in the flower bed. The Planning Commission approved the permit.
Resolution:
PC #5: Village of Boston Heights
Fire Station, 15 E. Boston Mills Road
Application for site plan review per CO 1151, expansion of building
in a Residential District for existing conditional use as a municipal fire station.
The Boston Heights Fire Department is planning a 3492sq.ft. addition to the Fire Station, with an estimated construction cost of $290,000. The design of the addition has been completed under a separate contract with Theodore G. Manfrass, Architects & Planners Inc.. The project is already out for bids, which will be received and opened 8 June 2006. A Special Finance Committee meeting will review those bids on 13 June 2006, 7PM. The addition will add one new truck bay, office and staff spaces (including locker/bathroom facilities), and storage areas.
Fire Chief Jim Robinson showed the PC the current building and site plans, and noted that he had received a zoning certificate from the Zoning Inspector already. Dr. Cheung asked whether the building setback had been confirmed; from the audience, BZA Chairman Bill Hinkle explained that the Zoning Inspector had confirmed this on the ground, and signed off on it with several feet to spare. Dr. Cheung also noted that the parking spaces shown were smaller than required by code, and must be corrected. The Planning Commission approved the site and building plan subject to correction of the parking, and to the approval of the Village Engineer.
Resolution:
PC #6: Janus Hotels and Resorts, Inc.
240 E. Hines Hill Road
Application for non-conforming 2 lot minor subdivision in a Retail Business District.
Janus Hotels & Resorts, Inc. (charter #1069588) is the former owner of the Hudson Holiday Inn, in Boston Heights. (The hotel is now owned by Sai Living Hudson Inc, charter #1571012.) After selling off the hotel itself in November 2005, Janus was left holding the former SBC/Ameritech conference center fronting Route 8. This single lot (parcel #1300892) also includes a small hotel building immediately behind the conference center. Further back in the lot are tennis courts and an outdoor swimming pool. An 80ft. skybridge that formerly connected the main hotel with this stub has since been removed. While the parcel has no road access, the owner claims a permanent easement to Hines Hill Road, apparently through the Holiday Inn parking lot.
The owner seeks to split this single lot so that it can more easily sell the conference center (identified as an office building) separately from the hotel building. The office building is 18170 sq.ft. and the hotel is 11640 sq.ft. on each of two floors for a total of 23,280 sq.ft.
The application cover letter notes that the resulting lots would not be conforming at least as to parking, but seeks a compromise perhaps involving removal of the tennis courts and/or swimming pool. It is not clear whether a variance would be required to allow such a lot split; presumably the Village Engineer will shed some light on the matter. The proposed office building sublot does seem to conform with the 1/3 lot coverage requirement of CO 1160.07(a) but would require perhaps 130 parking spaces (CO 1151.07(d)); there are currently about 55 spaces. The Zoning Code provides no specific requirement for hotel parking; the general requirement of CO 1151.07(p) would require up to 232 spaces (!) for the proposed hotel sublot; there are currently about 73 spaces.
Also of note: it has been reported that there is interest in converting this hotel building to apartments. It should be noted that this is not permitted by current Village zoning; however, it appears to be common for hotels in the Village to accept "long-term residents". A new access road is expected to be built behind this parcel, as part of the Route 8 upgrade project scheduled for late in this decade.
Attorney James Fisher, of BDB, appeared representing Janus Hotels and Resorts. He said he had been referred to the Planning Commission by the Village Engineer and Zoning Inspector. He explained the request to split this lot and reviewed the details mentioned above, adding that the hotel building had about 40-50 rooms and would be targeted as a "less-than-full-service hotel". In response to a question from the audience, he explained that he meant something like a Motel 6 -- no food service. In response to another question, he agreed that there was currently no lobby or reception area in that building. The office building would be entirely separate after the requested split, but some shared parking agreement would be made.
Solicitor Jason Dodson explained that the Planning Commission could not make a binding decision on this matter, and could not offer guidance or advice. The decision was entirely up to the Village Engineer as to whether the split met the necessary legal requirements (which it appears it does not). He suggested that Mr. Fisher continue working with the Engineer on the matter.
Resolution:
PC #7: Mit-Hein Homes, Inc. / S & L. Knotts (owners)
Wolcott Springs Subdivision
Review of preliminary site plan for 5 lot minor subdivision in a Residential District.
Mit-Hein Homes Inc. (charter #570771) proposes a 5-home subdivision on the property located east of the cul de sac of Wolcott Drive. Mit-Hein is a Hudson company headed by John C. Heinnickel. The property is owned by Steven & Laura Knotts, and consists of a vacant 17.24A parcel (parcel #1400005) in the Residential District. The land is entirely within Nordonia School District. It is not clear whether sewer and water utilities are available. From aerial photos, the property appears to be wooded.
Mr. John Heinnickel appeared to explain the subdivison of 5 home lots along a private road extending from Wolcott Drive. He noted that he would already have to modify some lot lines to accomodate the county's requirement for 2A lots with septic systems; his "worst" lot had already passed a percolation test and so he felt confident of septic approvals. A power transmission right-of-way along the north border of the development would be included in a large parcel targeted as a "horse farm" type of property. Village Engineer Steve Schreiber noted that the private road would have to have a name different from the public Wolcott Drive. Councilor Bill Goncy asked whether Summit Soil and Water had approved the plan; Mr. Heinnickel stated that they had had a preliminary look, and were still working on it. Chairman Codrea noted comments on this project's stormwater management and other features were received from Kevin Skerl, ecologist for the Cuyahoga Valley National Park; these were included in the record and passed along to Mr. Heinnickel. In response to a question from Mrs. Jane Robinson, Mr. Heinnickel stated that trees would be retained where possible, so as to have wooded lots. Mrs. Kathy Holsopple expressed concern about impacts on adjacent well and septic systems; Engineer Schreiber noted that the Village and County had no jurisdiction on well impact, but Mr. Heinnickel stated that he expected no problems since these were just homesites. Mr. Goncy asked whether there might be problems placing wells far enough away from septic fields; the response was: "no problem".
Engineer Schreiber explained that this was purely an advisory presentation; assuming the Village Engineer (or Planning Commission Chairman) finds the plan compliant as a minor subdivision, he can approve it without a plat. The Planning Commission review was therefore informational and advisory only, and Mr. Schreiber would continue to work with the developer on this project.
Resolution:
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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