MADISON TOWNSHIP BOARD OF ZONING APPEALS

MEETING

Thursday, November 12, 2009

7:00 p.m.

The Madison Township Board of Zoning Appeals meeting was called to order at 8:04 p.m. by Chairman Jim Dominick.  Present were Mr. J. Ruck, Mr. K. Gauntner,  Mr. B. Lyons and Mr. J. Quirk absent.  Mr. Klco was present as Zoning Inspector.

A motion to approve the minutes of the October 8, 2009 meeting was made by  Mr. Gauntner, seconded by Mr. Ruck. Roll call:  All “Ayes”.

Mr. Klco advised the Board that there was hearing for a Conditional Use Permit, CU-104-09 for Mr. George Garak, DBA National Shipping and Rental, LLC at 6714 North Ridge Road to operate a rental truck/storage container business within a building and on property within the B-2, Highway Business District.  The application was filed on October 9, 2009, with neighbor and owner letters being sent on October 23 and the legal ad published in the News-Herald on October 23, 2009.  Mr. Klco stated that an adjacent landowner, Mr. Terry Gabor, came in and spoke to him regarding the matter, however no other correspondence or communication for or against has been received. 

Chairman Dominick then administered the Oath of Accuracy to members of the audience who may wish to speak at the meeting.

Mr. Garak then addressed the Board regarding his proposed business endeavor, which included the already-approved rental cars, however he wished to also have trucks available for rental as well as storage pods, “Pack Rat”, and was requesting permission to do so. 

Chairman Dominick asked if he intended to utilize a storefront in North Ridge Plaza, and Mr. Garak indicated that he would use the vacant unit next to “Curves” for his shipping and rental unit business.  Mr. Gauntner asked if the office would be in the Plaza with the units stored outside and Mr. Garak indicated that the shipping and rental/storage unit office would be in the Plaza, and in the area east of Bendelewski’s there would be 2 units for display and advertising purposes, with the remainder of the rentals behind the plaza to the south side with the rental cars lined up along the east side of the building.  Mr. Gauntner asked if there would be additional lighting to the rear of the building, and Mr. Garak replied that there were two existing CEI poles with 400 watt outdoor lights.  Mr. Lyons asked why Mr. Garak wanted his signage to be at the east side of the plaza, and Mr. Garak replied that there was an existing sign for the plaza but there was insufficient room for his business name as it was 2x3’.  Mr. Ruck asked the size of the sign to be mounted on the building, and Mr. Garak indicated that a new face sign would be made to fit the existing fixture, approximately 12 x 2’.  Mr. Dominick asked if Mr. Garak planned to have a directional sign as to where the office was located, and Mr. Garak stated he had not, and would just have a sign with the phone number and address.  Mr. Dominick stated that it would be advisable to have a directional sign with an arrow indicating the location of the office in the plaza. 

Mr. Klco then explained to the Board an aerial view photograph of the property, with colored pins indicating the locations of the sign, storage pod units, trucks, and rental cars.  Mr. Garak stated that there would not be many pods on site at any given time, as they were brought directly to the customer’s location and then picked up and transferred to the storage facility on the west side of Cleveland.  Mr. Dominick asked what the turnaround time was for delivery of a pod, and Mr. Garak indicated that the company told him it would be within two hours.  Mr. Ruck asked if the storage units could be stacked, and Mr. Garak replied that they might be stacked at the storage facility, but not at his property.  Mr. Gauntner asked if there was adequate space behind the plaza to store all these units and trucks, and Mr. Garak  replied that he was under the impression they would all fit, but more specific measurements would need to be done.  Mr. Lyons asked if Mr. Garak owned the storage pods, and Mr. Garak indicated that he leased them, and would like to place two storage pods and two rental trucks out by North Ridge Road for advertising purposes.   Mr. Dominick and Mr. Gauntner indicated that the split rail fence would help define the area of the business and perhaps help with security.  Mr. Garak stated that he would have cameras as he had experienced an AC unit being vandalized for scrap metal in the past.  Mr. Lyons stated he would like to see a combination of fencing and landscaping used. 

Mr. Klco then read the conditions to be met for Application CU-104-09: “Mr. George Garak, individually and DBA National Shipping and Rental LLC, office to be at 6714 North Ridge Road, Permanent Parcel #01-B-094-A-00-140-0, 01-B-094-A-00-004-0, and 01-B-094-A-00-003-0.

On the above date, the applicant submitted a request to operate a rental truck/storage container business within a building and on property within the B-2, Highway Business District by virtue of Section 115.1.3 of the Madison Township Zoning Resolution. 

And as the board has deemed this use as appropriate for this property and that the use shall be permitted subject to the following conditions:

1.                  An inspection of the property by the Madison Fire District shall be required with a written approval report submitted to the Zoning Office.

2.                  One identification sign shall be allowed on site in conformance with the sign regulations as stated in Section 128 of the Madison Township Zoning Resolution, and will be a monument style sign located on Permanent Parcel #01-B0-094-A-00-007-0 and with the addition of a directional sign. 

3.                  This permit shall be valid for the parcel and applicant as specified on this permit, shall not be transferable, however this permit shall apply to any receiver, lender, or mortgagee of Grantee to continue Grantees business operation until such time as the business operation is sold, liquidated or terminated.  Additional hearing shall not be required unless the Zoning Inspector who indicates that a hearing before the Board of Zoning Appeals is necessary has received a written complaint.

4.                  The Madison Township Board of Zoning Appeals may revoke the Conditional Use Permit upon written evidence and proof that there has been a violation of this Conditional Use Permit or any of its terms and conditions set forth herein.  Should the Zoning Inspector, who indicates that one or more of these conditions has been breached, receive a written complaint a hearing before the Board of Zoning Appeals shall be convened to discuss the issues at the earliest available date.

5.                  A sight barrier (fence, hedge etc) shall be erected and maintained on southern property boundary shared with the Salida Investment Group (Joey’s Restaurant) and the eastern property owner, Balm J LLC as shown on item D.  Additionally, green screen, landscaping, and split rail fence as per the site plan.

6.                  All or any dumpster associated with NSR must also be concealed either by fence or other means.

7.                  Parking shall be as per site plan submitted at time of application, with 2 pods and 2 storage trucks for advertising purposes located on Permanent Parcel #01-B-094-A-00-003-0 and 01-B-094-A-00-004-0.

8.                  The Grantee of this Conditional Permit shall comply with all federal, state and local laws, statutes, rules and regulations including, but not limited to, those set forth herein, and those relating to structures, lights, signs, and accessory uses.

9.                  Hours of operation shall be flexible as decreed by Mr. Garak but shall not commence earlier than 6:00 am, operating no later than 10:00 pm; or as emergencies dictate.

10.              Portable storage containers shall be no more than 16 foot in length and without permanent axles as shown in Item H.

11.              Portable storage containers must be limited to 18, with only 2 located at sign location on North Ridge Road, for advertisement (See Item D)

12.              Storage containers will not be allowed on site with contents from said renters of units, for more than 3 days.  No Permanent Storage.

13.              Rental trucks shall not exceed 18 in number with 2 allowed at sign location for advertisement (See Item D).

14.              Additional lighting shall not adversely affect the neighboring properties, with photometric print submitted to Madison Township Zoning Department.

Mr. Gauntner explained that it would take three “yes” votes for the Conditional Use Permit to be approved.  The votes were counted by Mr. Gauntner, with four ‘yes’ votes counted.  The Conditional Use Permit CU-104-09 was approved with the conditions as outlined above. The hearing was closed at 9:10 p.m.

Mr. Klco indicated that there were no hearings for next month, and offered the Board’s congratulations to Mr. Kenneth Gauntner, who recently retired from the Lake County Administrative office after 35 years of service.  The next Board of Zoning Appeals meeting would be on January 14, 2010 at 7:00 p.m. for the organizational meeting. 

There being no further business, a motion was made by Mr. Lyons to close the meeting, seconded by Mr. Gauntner.  The meeting was adjourned at 9:12 p.m.

Mr. Garak then addressed the Board regarding the carwash owner’s concerns, and presented his own paperwork and photographs.  This was not the fault of any of the Garack’s properties but there is a drainage problem and an easement dispute between himself and the owners of Joey’s Restaurant.  Mr. Garak stated that he would be using impervious gravel so no extra water should be flowing onto Mr. Gabor’s property that does not already do so.  Mr. Garak stated that when Joey’s restaurant was constructed, there had been a 12” abandoned State of  Ohio storm drain which tied into Arcola Creek which Mr. Garak’s father had tied into in the 1950’s, and these lines were not mentioned on the deed to Mr. Longo, who then cut the drain line.  Mr. Garak had contacted the state and the county and was advised that it would cost $15,000 to replace.  The restaurant does not have any storm drains in their parking lot.  Mr. Garak had taken photos of this situation at the time and requested that these be entered into the record along with Mr. Gabor’s information. 

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Chairman Jim Dominick                                                  Mr. Kenneth Gauntner, Jr., Secretary