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 02 February 2005 7PM meeting of the Planning Commission and Board of Zoning Appeals for the Village of Boston Heights, Ohio
Solicitor Russ Pry acted as legal counsel for the Planning Commission and BZA, with his colleagues Ed Muse and Jason also present. Zoning Inspector David Himes was also in attendance, as was Engineer Steve Schreiber.
Application for use: organic recycling and compost services for property at 6367 Chittenden Road.
This 9.2A lot consists of two 4.6A parcels (parcel #1300230 and (parcel #1300232) owned by Mr. Dennis Cerny of Northfield OH. This is vacant property within the LM Light Manufacturing zoning district. The parcel is south of Dunn-Rite Roofing. The Village of Boston Heights is currently involved in a legal dispute with Mr. Cerny over the use of this property (Case # CV-1997-10-5421).
Aljon LLC (charter #1136014) was formed in February 2000; its statuatory agent is Mr. John Hirko of Aurora OH. Mr. Hirko addressed the Planning Commission, and submitted a proposal for his company's operation. He stated that Aljon had already agreed to lease the southern parcel, nominally at 6350 Chittenden. The company would process yard wastes into mulch, with the yards wastes trucked in and the mulch stored and trucked out. There would be two employees: an office worker and an operator. The operator would inspect each incoming truck for improper contents (e.g. garbage), and load outgoing trucks. There would be no building at all: just an "e;office trailer" and portable toilet. Mr. Hirko stated that the Summit County Health Department had assured him that this was sufficient as sanitary facilities. He also stated that there is an existing water supply well on the property.
Solicitor Russ Pry and members of the Planning Commission pointed out that the Zoning Code made no specific provision for this kind of permitted use. Therefore the application would at least require a conditional use permit. At least some members thought that this operation could be considered as the kind of LM Light Manufacturing conditional use described in Zoning Code 1161.03(2). Mr. Pry also mentioned that the Village does not generally permit business uses where there is no permanent building or sanitary facility. Mr. Hirko was advised to consult both the Zoning and Building Codes in detail, and perhaps apply to the Board of Zoning Appeals for a Conditional Use permit, as well as reconsider other matters in his proposal.
As the proposed use was not a permitted use in LM Light Manufacturing district, the Planning Commission denied the application.Resolution:
Duke Realty Ohio
An inquiry about tree clearing on a 4 acre parcel on Chittenden Road.
This 4.14A lot (parcel #1300238) is owned by Duke Realty Ohio (charter #1354955), and is vacant commercial property within the LM Light Manufacturing zoning district. The parcel lies north of the ODOT maintenance center and south of R.B. Thomas Electric, and is adjacent to and contiguous with Duke's larger holding in the City of Hudson (129.37A, parcel #3009587). This is where Duke is developing Phase 1 of the Terex Road Extension, north from Route 303. Duke Realty Ohio is the trade name of an Indianapolis IN partnership between Duke Realty Corporation (charter #831066) and Duke Realty Limited Partnership (charter #988310).
A representative of Duke Realty Ohio described the overall project, and stated that his company wished to deforest the parcel before a time later this year where timbering would be constrained due to nesting of the Indiana bats. He anticipated that there would someday be a commercial building placed on this lot. PC Chairman John Codrea asked whether Duke in fact was proposing a specific site plan for such a development; the answer was "no". Mr. Codrea then pointed out that the permit process and requirements for timbering and tree clearing is clearly regulated by Zoning Code Chapter 1177, in the absence of a grading and clearing permit issued in conjuction with a specific site plan -- Duke should work with the Zoning Inspector to get a timbering permit under the regulations of this section. The Duke representative stated that Zoning Inspector Dave Himes had told him to make this presentation to the Planning Commission instead, since Duke did not wish to adhere to certain requirements of the Zoning Code (specifically, the requirement for a buffer zone). Mr. Codrea said that the Planning Commission had no authority in the matter in the absence of a site plan application; Mr. Himes stated that he had been led to believe that Duke was in fact making such an application.
Chairman Codrea and Solicitor Pry suggested that Duke pursue a timbering permit within the requirements of Zoning Code Chapter 1177. If the company did not wish to adhere to the requirements of the code, it could either appeal the Zoning Inspector's refusal of permit, or pre-emptively apply to the Board of Zoning Appeals for a variance due to any special conditions that they could identify. Lacking any authority in the matter, or any formal application, the Planning Commission decline to act.Resolution:
Carse Investments LLC
Requesting the reconsideration of approval of the plat and acceptance of improvements at the Meghan's Lane subdivision, on the former Donley Farm at 7657 Olde Eight Road, parcel #1400026 et al.
Mr. John Carse, of Carse Investments LLC (charter #1394246), had earlier received preliminary/conditional approval of the "Preliminary Street Plan", and frontage variances on three lots. The company has also received approval of various signs and a gatehouse. There appears to be a continuing debate over the developer's use of stamped concrete paving around the entryway to the subdivision. At its December meeting, the Planning Commission declined to approve the plat or to recommend acceptance of the improvements, ostensibly because of certain improvements that were not entirely completed. This item had been on last months agenda, but at the last minute was withdrawn by the developer's attorney.
The developer's attorney stated that, per discussions with the Village Solicitor, the disputed concrete paving material would be entirely removed and replaced with asphalt in compliance with Village requirements (and, as Dr. Mike Cheung pointed out, in conformance with the developer's original approved site plan). There would be an agreed revision of the proposed Homeowner's Association agreement for the development.
All other matters would be guaranteed completion with a suitable bond obtained by the developer in favor of the Village. Village Engineer Steve Schreiber stated that he had still not received the promised approvals of the water supply and sanitary sewer installations from the Cleveland and Summit County authorities. He would determine what the appropriate bonds would be for these and other outstanding matters. Mayor McFall stated that residents along Olde Eight Road were complaining about mud and dirt from this construction project, and that this would also have to be cleaned up.
The Planning Commission agreed to recommend that Village Council accept the plat and improvements subject
to posting of suitable bond as determined by the Village Engineer. (Once Council accepts the
plat and improvements, the developer can proceed to sell and develop home sites.)
A request for a variance for an elevated sign at Liberty Harley-Davidson, 334 E. Hines Hill Road (charter #1349013 & RN98120).
The company had previously received approval for elevated signage, at the
3 Dec 2003 BZA meeting,
and for building signage, at the
5 Nov 2003 Planning Commission meeting.
Mr. Ernie Passeos (owner) had also appealed, at the PC/BZA meeting
of 4 Feb 2004, for larger elevated signage, but withdrew that request
when the Solicitor pointed out that (then-) current Zoning Code did not permit it.
Mr. Ernie Passeos resubmitted his earlier application for a large elevated
Harley-Davidson logo sign, about 171 sq.ft. on each of two sides, to a height of 40 feet.
The BZA has since defered Mr. Passeos' sign application pending
new sign regulations.
As the new sign regulations (Zoning Code Chapter 1179) are now in force, the applicant applied for a variance to allow a larger freestanding sign than is normally permitted. The new sign code allows only a 32 sq.ft. (each side), up to 8 feet high. Mr. Passeos established that his business's location, below and proximate to Route 8, required a larger, higher sign for any realistic visibility. BZA Chairman Bill Hinkle pointed out that the new code did not permit the BZA to approve a sign larger than 150 sq.ft. (each side); Mr. Passeos asked for approval of a smaller sign of 109 sq.ft. (each side). (Note: both of these signs were standard manufactured sizes for Harley-Davidson logos.)
On a motion by Dr. Mike Cheung, the BZA granted a variance -- given the conditions of the location and placement of the business with respect to the highway -- to allow the proposed 109 sq.ft. two-sided sign, with an illuminated Harley-Davidson logo, to be erected at the south-west corner of this property, to a maximum height of 40 feet above the surrounding grade.
Subsquently, given the granted variance, the Planning Commission approved this same sign.
Review of changes and amendments to zoning ordinances
The Planning Commission has been considering some technical corrections and amendments to the current Zoning Code as enacted in March 2003: Ordinance 5-2003. The changes are primarily to come up with a chapter numbering scheme that satisfies Walter Drane (the code's publisher), consolidate the site plan review criteria, and clarify the occupancy permit regulations. As with all changes to the Zoning Code, the Planning Commission must make a recommendation to Council before a public hearing and Council action on those changes.
Solicitor Pry stated that these amendments to Chapter 1151-1160 did not change any zoning districts, or apply any new zoning rules. The new code would consolidate all common site plan requirements in a single section, and properly refer to the new sign regulations. A few technical errors in the current code and zoning map were also corrected.
After some discussion about service station spacing, the Planning Commission voted to amend the document to change the minimum spacing for such stations, from the current 5000 feet to just 400 feet. This was intended to facilitate the development of service stations along Hines Hill Road, east of Route 8. A proposed amendment to Chapter 1147, concerning Occupancy Permits, was held back for further work by the Solicitor.Resolution:
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