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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 5 April 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: David Zielinski
7676 Olde Eight Road
Application for variance for lot split in a Residential District.
This 6.49A property (parcel #1400153) is within a RES Residential district, and has currently has a single-family home on it. The property is owned by Sophie Zielinski. This application for variance is by David Zielinski, who wished to divide out a new parcel along the north frontage of this parcel, with 100ft. frontage and 436ft. deep. The new lot would be just under 1A according to the applicant's drawing.
Last month, no one appeared before the Board in conjunction with this application, and the board deferred consideration of the matter until this month. This month, no one appeared again. The BZA chairman confirmed with the Clerk that the applicant had been sent a notification that his action was on this meeting's agenda. On the advice of Mr. Dodson, the BZA then voted unanimously to dismiss the application due to the applicant's repeated failure to appear.
Resolution:
BZA #2: William Rocco / James Adams
6447 Chittenden Road
Application for Conditional Zoning Certificate to allow an auto sales business in a Light Manufacturing District.
BZA #3: William Rocco / James Adams
Application for multiple variances in a Light Manufacturing District, for a proposed auto sales business.
Note: The original application was only for variances; after chair review of the applications, the applicant was lately advised by the Zoning Inspector that a Conditional Zoning Certificate was also required for this conditional use. The BZA therefore voted to amend its agenda and consider both applications: for the conditional use and for several variances related to parking.
This property is a 1.57A parcel, parcel #1300266, owned by Mr. James T. Adams. While in the LM Light Manufacturing District along Chittenden Road (south of Pettit Road, just north of Boston Commons / Dun-Rite), it currently has a residential home and garage on it. The applicant proposes to operate a used car lot / automobile sales business on the property, with vehicles displayed on a parking area to be constructed in the front yard of the existing house.
Mr. William Rocco appeared before the Board of Zoning Appeals to explain his application. He stated that he already had a small used-car business at Miles Road in Cuyahoga County, and wished to move it to this Chittenden Road location. He intended to have the business run by his father, as a one-man operation with up to twenty (20) passenger cars. No mechanical work would be performed onsite. The residential use of the house would be discontinued. His intention was to start operation with an office in what was the garage onsite, and later refurbish the house itself for the business' offices.
It was established that "automobile sales" is a conditional use in the LM Light Manfacturing District (by way of the RB Retail Business regulations). There was some discussion on the nature and meaning of "conditional uses", and inheritance of permitted and conditional uses from one district to another. Addressing a concern raised by Mr. Polyak, the Board discussed the distribution of used car lots already in this area of the Village. There was concern expressed as to whether there were already enough, or too many, such businesses, and whether this one would be a bona fide permanent commercial operation. The latter point was discussed with Mr. Rocco, who assured the board that it would be such an operation, and subject to state licensing requirements.
In response to a concern voiced by Mr. Hinkle, Mr. Dodson suggested that no conditions should be attached requiring conversion of the building to commercial codes, or otherwise requiring conformance to the Zoning and Building Codes, as such requirements were already mandated by law. Upon a motion by Mr. Fetko, the BZA unanimously voted to issue the Conditional Zoning Permit to allow the conditional use of automobile sales, with the following conditions: a maximum of twenty passenger vehicles would be permitted onsite, up to 10,000 lbs. GVW; no removal of hazardous fluids, e.g. fuels & oils, would be permitted onsite.
Mr. Dodson and Mr. Himes concurred that the fact of the existing platting of the parcel eliminated considerations of insufficient acreage (1.6A vs. 2A) and frontage (127ft vs. 200ft). However, a variance still seem to be required for the proposed site plan, to address otherwise-banned front yard parking. In addition, Mr. Rocco requested a reduction in the required number of employee/customer parking spaces from approximately 10 to just 5.
After an extensive discussion, two separate variances were granted. Upon a motion by Ms. Stoddard, the Board voted to permit the display vehicle parking in the front yard of the property, essentially as shown on the proposed site plan, but limited the variance to this particular use of used car lot -- citing the special condition that such sales generally required visible parking of the vehicles. All BZA members voted for this variance.
Upon a motion by Mr. Hudson, the Board vote to allow variance reducing the number of other parking spaces, behind or aside the building, to two (2) while the business was housed in the garage, and to five (5) once expanded into the house, again limiting the variance to this particular use of automobile sales -- citing the special condition that the nature and size of the business required no further parking. Mr. Polyak voted against this variance, all other member for it.
Resolution:
PC #1: Riparian and Wetland Setback Ordinance
(Continued from March)
Consideration of a proposed ordinance to regulate setbacks from streams and wetlands.
Village Engineer Steve Schreiber and a Village Council subcommittee have been developing a proposal for a new addition to the Zoning Code which would regulate setbacks from streams and wetlands. This ordinance is intended to be similar to the Summit County Riparian Setback Ordinance, enacted by the County in 2002 and amended in 2004.
Among other factors driving this effort, the Village made a commitment to implement a Riparian Setback Ordinance, similar to Summit County's, as a Non-Structural Best Management Practice (BMP) necessary to meet Control Measure 5, "Permanent Post-Construction Site Runoff Controls" in the Summit County County-Wide Storm Water Management Program. The Village of Boston Heights is a co-permittee under this this program, in fulfillment of the requirements of Ohio EPA NPDES Phase II General Permits OHQ000001 and OHQ100000 (dated 12/27/2002). (NPDES = National Pollutant Discharge Elimination System.) See the Summit County Engineer's SWMP document.
The proposed Riparian Setback Ordinance had been distributed to the members of the Planning Commission, a copy of
which can be found here:
Riparian Setback Ordinance, 1-27-06 Draft.
Last month, after noting comments on the draft received from William Hinkle and from Summit Soil and Water Conservation District, the PC voted to defer this matter until this month's meeting.
This month, Mr. Dodson walked the Planning Commission through a number of typographical and non-substantive changes to the draft ordinance. An extensive discussion was held on objections from Mr. Steven Moeglin, of Meadowridge Way in Ashbrooke West, who is also developing real estate elsewhere in the Village in the future Chestnut Estates subdivision on the old Hudson property off of W. Boston Mills Rd. PC Chairman Codrea had some similar concerns about applicability of the setbacks to various kinds of watercourses, streams, and ditches. The PC incorporated two major changes: (1) Application of the ordinance was changes from "streams" to the much more restrictive "perennial streams" (those with water in them virtually all the time); (2) removal of the Summit County Riparian Setback Map as a basis for determining applicability.
The PC accepted these and many minor changes, and voted unanimously to approve the ordinance for recommendation to the Village Council, which has the final say.
The final draft of the Riparian Setback Ordinance as amended and recommended by the Planning Commission to Council,
which can be found here:
Riparian Setback Ordinance, 05-April-06 Final Draft.
A public hearing on this ordinance is scheduled for 6:45PM on 12 April 2006, before the next Village Council meeting. (Note that this hearing is immediately followed at 7:00PM by another public hearing to address the question of adding PDA zoning to the Zoning Code, e.g. for development of the Boston Hills Country Club.)
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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