MINUTES OF THE MEETING OF THE CHESTER
TOWNSHIP BOARD OF ZONING APPEALS HELD MONDAY,
JANUARY 10, 2005, IN THE TOWN HALL MEETING ROOM AT 7:00 P.M.
Chairman Makowski opened the meeting at 7:00 p.m. Roll was called by the secretary with the
following members present: Mrs.
Cotman, Mr. Ziganti, Mr.
Makowski, Mr. Swartz, Mr.
Skully.
Zoning Inspector Mike Joyce was also present.
Explanation by Chairman Makowski of the
procedures of the BZA at a public hearing.
Appeal 2004-16 read by the
secretary.
Mark Dienes requests a variance to construct
an accessory building at 7577 Drury Lane,
Chester Township, but fails to meet the
requirements of Section 5.01.03,
Accessory buildings to be located in the rear yard behind the rear building
line of the house, of the Chester Township Zoning Resolution.
Two people
sworn in by Chairman Makowski.
Mr.
Dienes presented a drawing to the Board depicting
where he proposes to put the building. His house setback is 58 feet from the back of
the property.
Layout of the lot explained at this time. Lap top computer presentation of his property
with locations of the various trees on his lot included in this presentation. Some of the trees would be removed. It is a corner lot; the propose dimensions of
the structure are 30 x 40.
Mr.
Makowski feels there would not be sufficient depth behind the house to work
with the dimensions with a rear property line of 58 feet. What is the topo like in the southeast corner
of the land?
Mr.
Dienes said it is pretty heavily treed and shrubbed.
Mrs.
Cotman referenced the drawing of the septic system from the Health Department. Where exactly is the leach field?
Mr.
Dienes replied, the leach
field exits the house directly out the back in the middle of the lot.
Mrs.
Cotman feels the building should still fit in the rear yard.
Mr.
Dienes said there is also a swale in the rear yard
area.
Mrs.
Cotman asked if the swale can be relocated around the building if the building
were to be placed in the rear yard west of the house?
BZA
1-10-05
Mr.
Dienes replied, it probably
would be possible. However, he does get a lot of water in that
area.
He does not plan to construct this building for another one and a half
to two years from the date he is approved.
Mr.
Makowski asked Mr. Dienes
to check with the installer of the septic system to obtain the exact location
of the septic system.
Mr.
Dienes said he would be able to check this out
further.
He knows exactly where the junction boxes are for the septic system.
Mr.
Makowski also suggested Mr. Dienes find out where a possible replacement area would be
for the septic system.
Mr.
Dienes said he would be willing to take that step.
Mrs.
Cotman asked how many trees would have to be removed in the proposed area?
Mr.
Dienes said he would be taking out six to ten trees
if the building could be placed in the proposed location.
Mrs.
Cotman said if the driveway were to be relocated, how many trees would then
need to be removed?
Mr.
Dienes replied, many more, and requested a
continuation of his appeal to the next BZA meeting.
Mr.
Skully moved to continue appeal 2004-16 to the February 14, 2005, BZA meeting at 7:00 p.m. Mr. Swartz
seconded.
No discussion. Call vote:
Mrs. Cotman, yes; Mr.
Ziganti, yes; Mr. Swartz, yes; Mr.
Skully, yes; Mr. Makowski. Motion passed.
Chairman Makowski announced
appeal 2004-16 has been continued to the February 14th BZA meeting
at 7:00 p.m.
_____________________
Appeal 2004-17 read by the
secretary. Diane B. Lees
for DBL Promotions, Inc. requests a variance
for a modification to an existing sign at 8005
Mayfield Road, Chester Twp.,
but fails to meet the requirements of Section 9.
06 A.2., Sign
face area has a maximum area of 32 square feet, of the Chester Township Zoning
Resolution.
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1-10-05
Seven people sworn in by Chairman Makowski.
Ms. Lees explained there
are three businesses housed at 8005 Mayfield Road. The bicycle shop has been in business for 30
years.
They were promised before they ever entered into a lease that the
playground equipment displayed on the front lawn would be removed, a monument
sign would be put in place, and the parking lot would be expanded. This information came from the leasing agent. Neither the building owner nor the leasing agent are present at this evening’s meeting. The temporary signage in place at the present
time is making a huge difference. They have tried to stay within the parameters
of the zoning regulations. Mr. Murad Beg is the attorney for the owner of the plaza and is
also the son of one of the partners of C & B who own the plaza.
Mr. Makowski asked Ms.
Less if there is any provision in the lease that pertains to signage?
Ms. Lees replied, no.
Mr. Makowski said a site
plan is required in order to locate where the sign should be placed. The Board should have some information from
the land owner or leasing agent. The Board could subpoena them to come to a
BZA meeting.
An audience member said he is here since this is a unique
situation because of the location Ms. Lees is
renting.
They are just not visible from any direction. The coffee shop was predicated on the traffic
stopping in for coffee and pastry. She is not asking for a sign for the bicycle
shop or the yoga classes. Only the coffee shop needs exposure.
Mrs. Cotman said a drawing
of the sign including dimensional layout of the entire sign as Ms.
Lees is proposing is required as part of the application. Any illumination of the sign should be shown. Does the site already have a variance
approved for a monument sign?
Zoning Inspector Mike Joyce replied, yes. The owner of the plaza was given permission
to put up a 35 square foot sign. The next change in the Zoning Resolution will
increase the square footage of a monument sign from 32 to 34 square feet. This particular sign is owned by Fairways but
they do not own the plaza. Fairways is also a
tenant.
Mr. Ziganti asked if the
Fairways sign could be used to advertise both businesses without adding a sign
to the top of the existing sign.
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1-10-05
Ms. Lees said the Fairways
do change copy on their sign to advertise their weekly events. There would be no room for her to have her sign
added to the Fairways sign within the allowable square footage.
Mr. Makowski suggested Ms.
Lees obtain a document from Fairways or have someone come to the next BZA meeting. Have the drawing revised for the site plan
and get some measurements of the Fairways sign from the driveway. He will contact the Prosecutor’s Office for a
procedure to ask Mr. Beg and Mr.
Cianci to attend the next BZA meeting.
Pat Mula, 8545 Carmichael. How could the owner of the Fairways give that
permission to another tenant to expand his sign?
Zoning Inspector Joyce replied, because Fairways legally owns
the sign.
Mrs. Mula asked if the sign
presently on top of the Fairways sign is Ms.
Lees’ special event sign?
Ms. Lees replied, yes. It was partly to illustrate how the proposed
sign would look.
Mrs. Mula said the High
Peaks sign is 18 x 8, or 12 square
feet.
The existing Fairways sign is 32 square feet.
The owner of Fairways is in violation of
the sign regulations. The tenants do not own the property. The tenants do have a legitimate concern;
however, it is with the building owner and is a civil matter.
Ms. Less said she will take
a video and submit it to the Board of the traffic flow which goes in both
directions on SR 322.
Mrs. Mula asked if this
request is considered a hardship?
Mr. Makowski replied, the Board is still receiving evidence at this point.
Charlie Marotta,
32300 Fairmount Blvd., Hunting Valley.
He is a friend and customer of Ms. Lees. He owns several businesses and knows the
issues with signage. He sees this as an excellent opportunity to
help a business owner. This is a quality shop that brings to Chester
Township good clientele who will
spend money in Chester as compared
to having a vacant space. This is a good opportunity for Chester
to help this business and shopping center succeed which is good for Chester. This business cannot stand on it own without
signage.
Consider allowing the signage to continue.
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1-10-05
Mr. Makowski said the Board
does not have the authority to approve anything on a temporary basis. We can only act on the application for a
variance which was submitted to the Board. It is up to the applicant if she wants to go
forward or continue the request.
Elton Riemer, 28099 So.
Woodland Rd., Pepper Pike. He respects the ability for businesses to
have signage.
The worse thing is to have a vacant center. Who can grant a temporary sign? There is no way you know there is a coffee
shop there.
Ms. Burage,
Westlake, Ohio.
She is a cyclist and bought her bike from Ms.
Lees.
Ms. Lees works well with people and has
a triangle business with three businesses in one. One of the triangles is a coffee shop. She put the business together and relies on
the coffee shop business. Ms. Burage said when she visits the bike shop,
she has spent money in other stores in the township as well.
Mark Walker, 30195 Chagrin Blvd., Pepper Pike, Ohio.
He is on City Council in Beachwood. The issue is the variance. Is it going to happen with the other tenants
in the future? The coffee shop is unique
because of limited visibility. He would consider this a very minimal issue. The Board could create a significant change
to the business with the sign. Would you rather see a business instead of a
vacant storefront? He would urge this
variance be granted.
Henry Timperio, 9090 Ranch Dr.
Just listen to what is going on here. He thinks being that Ms.
Lees made a substantial investment in her business, just as a token of
appreciation to come to this community, she should have a temporary sign until
this is resolved.
Mr. Makowski said this
Board has no authority under the Zoning Resolution or the ORC to grant such a
request.
Mrs. Mula said she has
heard the argument made many times regarding a “unique” business or property. That is simply not true. If the applicant does not ask for a
continuation tonight, she requests the Board deny this request. Also, all of the documentation was not
provided by the applicant.
Mr. Makowski said this is
an area variance and explained the standards for an area variance. The request falls under the practical
difficulties standard.
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1-10-05
Paul Janicki, 2781 Sherbrooke Rd., Shaker Hts., Ohio.
He followed Ms. Lees to their different
sites of operation of the bike shop and then followed her when she came out to
Chesterland.
He could not find the place when they moved to Chester. It is somewhat unique in that you cannot find
the business.
He feels the Board has everything they need to make a decision.
Mr. Makowski said the Board
needs a sketch showing the accurate measurements on the site plan for the sign. By videotaping the traffic in the area and
the proposed placement of the sign, such a video would provide relevant
information to the Board. The Prosecutor’s Office will subpoena the
owners of the plaza.
Mr. Timperio
asked if there is any law that says you cannot put a sign on your car?
Mr. Joyce explained the
special event sign which can be displayed for the next 14 days for High
Peaks since Ms.
Lees did obtain a special event permit for the temporary sign.
Ms. Lees requested a
continuation of appeal 2004-17 and explained that she thought she was meeting
all of the requirements on the application for a variance with the paperwork
the Zoning Inspector provided to her for her use in filing the application.
Mr. Ziganti moved to
continue appeal 2004-17 to the February
14, 2005, BZA meeting at 7:00 p.m. Mr. Skully
seconded.
No discussion. Call vote:
Mrs. Cotman, yes; Mr.
Ziganti, yes; Mr. Skully, yes; Mr.
Swartz, yes; Mr. Makowski, yes. Motion passed.
Chairman Makowski announced appeal 2004-17 has been
continued to the February 14th BZA meeting at 7:00 p.m.
_____________________
Chairman Makowski said Lorrie Sass, Esq.
has written a request to continue to hearing of the Word of Grace Conditional
Use request to the March 14, 2005,
BZA meeting.
All BZA members concur with this date to reschedule the Word of Grace
request.
Mr. Swartz moved to
continue the conditional use request for the Word of Grace Church to the BZA
meeting to be held March 14, 2005. Mr. Skully
seconded.
No discussion. Roll Call Vote: Mrs. Cotman,
yes; Mr. Ziganti, yes; Mr.
Makowski, yes; Mr. Swartz, yes; Mr.
Skully, yes.
Motion passed.
The secretary will contact Ms.
Sass with the Board’s decision.
_____________________
BZA
1-10-05
The Zoning Commission has requested a joint meeting with the
Board of Zoning Appeals at one of their Wednesday evening meetings. All BZA members concur to be in attendance at
the February 16, 2005,
Zoning Commission meeting at 7:00 p.m. The secretary will notify the Zoning
Commission of the BZA’s decision to attend the
meeting.
_____________________
By-Laws:
Chairman Makowski asked the secretary to provide all BZA
members with information in the file regarding formation of by-laws for the BZA
and to list this subject as an agenda item on the February BZA agenda for
discussion..
Conditional Uses:
Discussion ensued regarding conditional uses which will be
before the Board of Zoning Appeals for review. In one case, the Prosecutor’s Office has
advised that in today’s resolution, there is no provision for used car sales
any longer, and it is not grandfathered any longer. What do we do with these conditional uses and
will they be grandfathered?
Chairman Makowski said he will contact the secretary about
writing a letter to the Prosecutor’s Office for an opinion on conditional uses.
Zoning Inspector Mike Joyce asked that additional
information for inclusion in letter to the Prosecutor’s Office for a legal
opinion be considered. An approved Conditional Use Certificate that
changes ownership since the zoning certificate was issued does not follow the
owner.
Is this true of the conditional use?
Western Reserve Cemetery
has changed ownership.
_____________________
2005 ORGANIZATIONAL
MEETING
Mr. Makowski moved to
appoint Mary Lou Fende secretary to the BZA
for 2005.
Mr. Swartz seconded. No discussion. Roll Call Vote: Mrs. Cotman,
yes; Mr. Ziganti, yes; Mr.
Makowski, yes; Mr. Swartz, yes; Mr.
Skully, yes.
Motion passed.
Mr. Swartz moved to appoint
Richard Makowski to continue as Chairman of the BZA for 2005. Mr. Ziganti
seconded.
No discussion. Roll Call Vote: Mrs. Cotman,
yes; Mr. Ziganti, yes; Mr.
Swartz, yes; Mr. Skully, yes; Mr.
Makowski, yes.
Motion passed.
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1-10-05
Mr. Makowski moved to
appoint John Swartz to continue as Vice-Chairman of the BZA for 2005. Mr. Skully
seconded.
No discussion. Roll Call Vote: Mrs. Cotman,
yes; Mr. Ziganti, yes; Mr.
Makowski, yes; Mr. Skully, yes; Mr.
Swartz, yes.
Motion passed.
Mr. Skully moved to set the
2nd Monday of each month of 2005 for BZA meetings with a second meeting
scheduled as necessary. Mr. Ziganti
seconded.
No discussion. Roll Call Vote: Mrs. Cotman,
yes; Mr. Ziganti, yes; Mr.
Makowski, yes; Mr. Swartz, yes; Mr.
Skully, yes.
Motion passed.
Mr. Swartz moved that the
BZA follow Robert’s Rules of Order in conducting meetings. Mr. Makowski
seconded.
No discussion. Roll Call Vote: Mrs. Cotman,
yes; Mr. Ziganti, yes; Mr.
Makowski, yes; Mr. Swartz, yes; Mr.
Skully, yes.
Motion passed.
___________________________
Mr. Swartz moved to adjourn
the meeting at 9:10 p.m. Mr. Skully
seconded.
No discussion. All BZA members in
unanimous favor of adjournment. Motion passed.
Respectfully submitted,
______________________________
Approval Date
___________________________
______________________________
Mary Lou Fende,
Secretary
Richard J. Makowski, Chairman
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