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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 September 2005 7PM meeting of the
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Board of Zoning Appeals No business scheduled for this meeting. Planning Commission
Other Links: Boston Heights Zoning Code Boston Heights Business & Location List |
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General Notes
PC #1: Maximum Performance & Handling LLC
5824 Akron-Cleveland Road, Units C,D,E (at Boston Heights Commerce Center)
Request for approval of site plan per CO 1151, for a
"retail service and sales" business in a Light Manufacturing District.
Maximum Performance & Handling LLC (charter #1225786) is operated by Mr. Doug Duane. The company has for some time occupied a part of 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.
The company never had a use and site plan reviewed and approved by the Planning Commission, as required by the Village Zoning Code. This month, after being informed of this requirement by the Zoning Inspector, Mr. Duane appeared before the Planning Commission to explain the company's site and use. Mr. Duane stated that MPH sells motorcycle performance parts and services. (According to their website, this includes dynamometer runoff.)
Mr. Dodson pointed out that the Zoning Code did not include this type of business among the "permitted uses" listed for the LM, RB or GB districts, which apply here. Therefore, the company would need to seek a conditional zoning certificate from the Board of Zoning Appeals, for a Conditional Use under CO 1160.03(f) and CO 1161.03(c). It was explained that this prerequisite would need to be handled as a separate application to the BZA, for next month's meeting; assuming the conditional use was allowed, the Planning Commission would then consider the site and use plan. (There was some discussion as to why this had not been explained to Mr. Duane during the application process, but with no useful conclusion.)
There was a further discussion of the company's signage, including the company's practice of using a truck, parked in the public right-of-way, as a portable sign. Mr. Duane said if he could get permission to clear the foliage from the right-of-way he could move the truck back onto the property. There was some discussion as to the extent of the right-of-way in that area. However, it was pointed out to Mr. Duane that use of a portable sign (as other than a temporary sign) would require a variance, which would require yet another application to the BZA. It was not clear what other signs were being used by the company at this time.
In response to a question from the audience, Mr. Duane stated that "Bodacious Cycle Paintworks" was a function of his same company, not a separate operation -- despite having separate signage. There was some inconclusive discussion as to what steps the company had taken to ensure regulatory and environmental compliance for this paint shop.
In view of the need for a conditional use permit, the Planning Commission voted to defer the site and use application until next month.
Resolution:
PC #2: Lorillard Tobacco Company
5824 Akron-Cleveland Road, Unit F (at Boston Heights Commerce Center)
Request for approval of site plan per CO 1151, for an
"office-warehouse" business in a Light Manufacturing District.
Lorillard Tobacco Company (charter #764165) bills itself as "America's oldest tobacco company". This local office, apparently managed by Mr. Tom Kelley, has for some time occupied a part of 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.
The company, however, never had a use and site plan reviewed and approved by the Planning Commission, as required by the Village Zoning Code. Approval of the company's sign(s), if any, may also be required.
This month, despite submitting an application to the Planning Commission, no one showed up to address it. The PC voted to defer the matter until next month.
Resolution:
PC #3: Dennis Cerny
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 condition 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.
Last month, Mr. Cerny's new lawyer, John Daily, briefly reviewed the status of Mr. Cerny's property and his building plans. Pending further developments, the Planning Commission deferred the matter to September's meeting.
This month, another lawyer from Mr. Daily's firm addressed the PC on the matter. Village Engineer Steve Schreiber stated that he was still awaiting certain engineering documentation. Mr. Cerny's lawyer suggested that some of the Engineer's and PC's concerns exceeded the mandate of the Village's Zoning Code and that of the U.S. Constitution (!). Deputy Solicitor Jason Dodson pointed out various provisions of CO 1151 that required this sort of review and approval.
Mr. Cerny's engineer brought certain documents forward at this time, asserting that they accounted for all of Mr. Schreiber's concerns. He pointed out that the ditch and culvert that were of concern to Mr. Schreiber were not anywhere near the rear 275 feet of the property, where the building in question was to be erected. Mr. Schreiber countered that, as part of the storm water drainage and detention system for the parcel, they were in fact relevant.
Mr. Dodson pointed out that Mr. Cerny's neighbor to the north, Anthony Umina, had just intervened in the Village's court case with Mr. Cerny, asserting certain issues with the drainage ditch separating their properties. Mr. Umina's own lawyer briefly addressed the PC, stating that Mr. Cerny had made adverse changes to the ditch, causing it to collapse in places. He thought that the court's Stipulate Entry agreement required Mr. Cerny's compliance before any zoning permits could be issued; however, Mr. Dodson disagreed with this interpretation of the agreement.
In response to a question by PC member Mike Cheung, Mr. Cerny himself explained that the building, essentially a pole barn, would be used to store trucks and bulldozers, and permit their indoor service, especially over the winter. He expected to sell the property within a few years, but in the meantime expected to use mounding and plantings to shield his operations from the roadway and neighboring properties. Dr. Cheung asked Mr. Cerny to confirm that there was no office space in the building; Mr. Cerny asserted that this was the case, and that no one would be "working out of" this site.
In response to a query by PC Chairman John Codrea's query, Mr. Cerny's lawyer agreed that the Village Engineer still had to review the newly-presented engineering documents. Mr. Dodson added that the building plans still needed to be modified to show the location of the sanitary facilities. Chairman Codrea asked that the specifics of future applications be clearly stated. Pending the Engineer's review and further developments, the Planning Commission deferred the matter to next month.
Resolution:
PC #4: Consideration of corrections and changes to Zoning and Building Codes.
Last month, Deputy Solicitor Jason Dodson had distributed a strike-and-add change document covering purely technical changes for the Zoning and Building Codes. At Mr. Dodson's request, the Planning Commission, with commentary by some members of the Board of Zoning Appeals, reviewed and dicussed these modifications. A number of revisions were made to Mr. Dodson's draft, and the document, as amended, was approved as a recommendation to Village Council for correction to the Zoning and Building Codes.
In response to a question by William Hinkle, Mr. Dodson stated that the Village Solicitor had decided that "technical corrections" to the Zoning Code could be passed by Council without public notification and hearing, despite the explicit requirements of CO 1143.03(a) as defined by CO 1141.49 (Zoning Ordinance) and CO 1141.34 (Public Notice of a Hearing).
Resolution:
PC #5: 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 would bring to the PC a draft response to this mandate. Due to lack of time, the Planning Commission did not address the matter.
Resolution:|
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