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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 3 May 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 variance in a General Business District, for parking facilities at new construction.
Maximum Performance & Handling LLC (charter #1225786) is operated by Mr. Doug Duane. The company is planning a new 11000+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. Due to septic system requirements, the company requested and obtained a variance from 58 down to 56 parking spaces at the March BZA meeting, in conjunction with a revised site plan approved at the March 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, Architect Paul Kaczmarski presented the Board with a just-revised site plan that replaced that included with the current application. This plan enlarges the building to over 11,000 sq.ft. footprint, with over 16,000 sq.ft. total floor space, moves the building to the south line of the lot and reorients it for better visibility from the Route 8 freeway. It moves the septic system area to the southeast, so that all the parking is now to the north of the building. This plan requires 56 parking spaces according to Mr. Kaczmarski's figures, with which Zoning Inspector David Himes agreed. This site plan does in fact include 56 spaces. Board Chairman William Hinkle asked how many parking spaces the company actually anticipated requiring for its operation; owner Doug Duane estimated 40 spaces. Mr. Hinkle asked whether the company would consider land-banking some parking area -- that is, building only what was currently needed but reserving the site space for all the parking required by the code, or by variance, for future use changes or expansion. Mr. Hinkle suggested this might save some money while minimizing impervious surface on the site. Mr. Duane said: no, for economic reasons he would just build out all required parking. On a motion by Dr. Cheung, the Board then found that the proffered site plan provided all parking required by the Zoning Code and so required no variance.
Resolution:
PC #1: Boston Hills Property Investment LLC
(Continued from February)
Boston Hills Country Club at Hines Hill Rd. & State Rt. 8.
Application for preliminary site plan review for PDA development at Boston Hills Country Club in a
Residential District. Also q.v. November 2005 application.
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 168 acre golf course at the heart of Boston Heights, at E. Hines Hill Road and State Route 8.
No one from the developer group showed up to speak to this matter. Solicitor Jason Dodson explained that the development group had offered several different proposals, and had a currently extant preliminary site plan application before the Planning Commission: that presented at the February 2006 meeting. He also noted the original preliminary site plan application presented at the November 2005 meeting. Mr. Dodson further noted that Village Council had recently rejected PDA zoning required for these plans, in agreement with the PC recommendation against that zoning code change.
Accordingly the Planning Commission voted to deny both site plan applications on the basis of a lack of applicable zoning.
Resolution:
PC #2: 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.
This review revisits the approval for the preliminary site plan granted at the March 2006 PC meeting, as further changes to the building and septic system necessitated yet another substantial change in that plan. The Planning Commission considered the site plan presented earlier in a BZA hearing. After some further exegesis of that plan by architect Paul Kaczmarski, it was pointed out that the elevations of the proposed building did not conform to the Zoning Code 1151.04(c)(1) requirement of "brick or ornamental masonry exterior". Dr. Cheung suggested that a variance would be required for the mixed masonary and metal siding design shown in the drawings.
It was determined, however, that approval of the preliminary site plan did not include approval of the building design. Finding no current objection to that preliminary site plan, it was approved by the Planning Commission, with the company cautioned that it would have to resolve the question of building design before final approval.
Resolution:
PC #3: The Carr Law Office, LLC
5824 Akron-Cleveland Road, Suite A (at Boston Heights Commerce Center)
Application for sign permit per CO 1179, for a law office in a Light Manufacturing District.
The Carr Law Office LLC , 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. No one appeared to speak to this application for a permit to erect an additional sign. The Planning Commission therefore deferred the matter until next month.
Resolution:
PC #4: William Rocco
6447 Chittenden Road
Application for preliminary site plan per CO 1151, for an "automobile sales" business in a Light Manufacturing District.
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, and limited parking toward the rear for employees and customers.
Mr. Rocco obtained the necessary Conditional Zoning Certificate for this conditional use at the April 2006 BZA meeting, along with a variance permitting parking in the front yard for his displayed vehicles, and allowing fewer other parking spaces than would normally be required. The variances are contingent on the continuation of the conditional use as granted, however.
This month, Mr. Rocco offered the Planning Commission much the same site plan but with the five employee/customer parking spaces sketched in behind the building. He again explained his plan to have up to 20 used cars displayed for sale, with one sales employee on site, to begin with offices in the garage and eventually moving into the house itself when refurbished.
Some troublemaker in the audience pointed out that the site plan showed 10x18 foot parking spaces, whereas Zoning Code 1151.08 required 10x20 foot spaces. After some further discussion on this point, the PC voted to approve the preliminary site plan subject to approval by the Village Engineer of a conforming revised parking plan.
Resolution:
PC #5: Riparian and Wetland Setback Ordinance
(Remanded by Council)
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 Planning Commission discussed, amended and recommended the Ordinance to Council at the April 2006 PC meeting. Following comments from the public at a hearing in April, and from Summit Soil and Water, Council voted to send the ordinance back to the Plannning Commission for further consideration. The main topics of concern were the PC's amendments to restrict application of the ordinance to "perennial streams", and eliminate use of the the Summit County Riparian Setback Map.
This month, the Planning Commission first discussed and approved some typographical corrections to the draft. It then discussed the substantive issues mentioned above, which would broadly effect the application of the ordinance. Ms. Joan Hug-Anderson of Summit Soil & Water, and Councilor Bill Goncy, spoke in favor of a broader application that would include protections for ephemeral streams. Mr. Kris Lightcap, of Walters Road, spoke against it. Chairman John Codrea attempted to craft a compromise on this point, but found insufficient support among the Commissioners.
The Planning Commission voted to restore the Summit County Riparian Setback Map as one of the authoritive maps for application of the ordinance. The PC then voted to revise the draft ordinance to restore its application to all streams (as defined) instead of just perennial streams; Mr. Codrea voted against this revision, all others for it.
Finally, the PC voted to recommend the revised ordinance to Council, with Mr. Codrea again voting against and all
other for. A copy of the current draft can be found here:
Riparian Setback Ordinance, 5-3-06 Draft.
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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from the Village of Boston Heights OH or other public entities. Other materials Copyright 2001-2006 W.J.Hinkle and Boston Heights Overlook Boston Heights Overlook and BostonHeights.Org are not affiliated with the Village of Boston Heights OH. |