The City of Cortland Planning, Zoning & Building Commission met on Monday, December 10, 2012 at 6:45 P. M. at the City Administration Building, 400 N. High Street, Cortland, Ohio. In attendance were the following board members: Chairman Scott Daffron, Vice Chairman Bill Sasse, Sally Lane, Charles Peck, and Jim Chubb. Also present were Mayor Moll, Law Director Patrick Wilson, Service Director Don Wittman and the following individuals:

 

            Ben Berry                  915 Creekside Rd                  Chattanooga, TN 37406

            Shawna Nicula          677 S High St.                        Cortland

            Kimber Mackenzie    677 S High St.                        Cortland

            Dan Jaros                   194 Lattin St.                         Cortland

                       

Scott Daffron: Today is Monday, December 10, 2012.  I would like to call to order the Cortland Planning, Zoning and Building Commission for the purpose of public hearing 26-12, Public Hearing for Variance Request for 677 S High Street – Variance Request to allow commercial addition to encroach on the forty (40) foot front set back by 10 feet.  Who do we have to represent this tonight?

 

Kimber Mackenzie:  I am here but Shawna Nicula will be better able to tell you what you need.  It is my business and Shawna Nicula is my office manager.

 

Scott Daffron:  Okay. Can you give us an overview of your variance request and why you are requesting it?

 

Shawna Nicula: Due to the truck hitting the building we are going to take advantage of the situation and try to add on a private exam room and a couple of offices in the front of the building.  We will also be adding a double door to help with the animals getting in and out.   The private exam room will be where Dr. Mackenzie’s old office was which is where the truck landed.  If we put in a private exam room, we need to add another office.

 

Charles Peck:  So this is going to come out how much further than the existing front of the building?

 

Shawna Nicula:  The part we are going to build on is not out as far as the other half of the building.  So when we build out, we will only be about 5 feet beyond the other half.  If you have gone by our building and you have seen the flower bed in front of the building closest to the windows… we won’t even be past the flower bed.

 

Scott Daffron:  So the actual addition is 5 foot.  Is that what we are saying?

 

Shawna Nicula:  The farthest forward will be an additional five feet.

 

Scott Daffron:  So we are already 5 foot out of variance.

 

Shawna Nicula:  We don’t need 10 feet.  We only need 5 feet.  We may only be 5 feet out of variance.

 

Don Wittman:  Before you say they are already out of variance, it would be a pre-exisiting non-conforming use already encroaching on the front setback. 

 

Scott Daffron:  We are at 35 feet right now.

 

Don Wittman:  That is without doing a detailed survey.  The 10 foot is worst case scenario - that is why it is 5-10 foot range without going out and doing a detailed survey and seeing exactly where the actual set back line is.

 

Mayor Moll:  If you look at this map, I am not sure where it came from.  It looks like it came from our GIS system.  It almost appears that it is more than 40 feet from the front line to the building now.

 

Don Wittman:  I think it was 35 feet.  How we have approached this before is I do utilize the GIS system but it is not 100% accurate.

 

Scott Daffron:  I think it makes a significant difference whether we are looking to add 10 feet or 5 feet to the front of the building because encroachment - one of the things I seriously consider is we want green space.  We want buildings set back from the road.  Many existing buildings are a lot closer to the road than they could be put today.   And your building would be no different.

 

Shawna Nicula:  Ours got closer to the road when the road became 5 lanes versus 2 lanes as it was originally.

 

Scott Daffron:  But it was the same setback – the road right of way never changed.  They just utilized the road right of way more.

 

Mayor Moll:  You have plantings in front of the building now - a garden, raised bed, trees, things like that.  Are you going to continue to have something like that?

 

Kimber Mackenzie:  Oh, yes.  Can I approach?  (Kimberly Mackenzie presented detailed Elevation & Building Drawings  showing that gardens will remain.) The front garden will remain with probably a small edging on that side as well.

 

James Chubb:  Do you have any idea what the walk will be to the highway?

 

Shawna Nicula:  The sidewalk isn’t going to change.  We are only building to that one flower bed, that is it.

 

Charles Peck:  Everything is going to be behind existing sidewalk as we see it.

 

Shawna Nicula:  Correct.

 

Mayor Moll:  I like the way the building looks and to maintain that appearance would be very good.

 

Kimber Mackenzie:  We also have better drawings if you want to see it.  This is the original and this is the addition.

 

James Chubb:  I am very satisfied that the sidewalk is not going to come any closer.

 

Scott Daffron:  The detailed plans are showing a 8 foot addition to the front.

 

Mayor Moll:  It is 7’8” on this drawing – 5’ plus 2’8” from the front of the new part to the front of the old part, close enough to 8 feet.

 

Scott Daffron:  Do we have any other questions at this time?   Do we have anyone else in the audience who would to speak for this variance request?  Is there anybody who would like to speak against this variance request?

 

Kimber Mackenzie:  I do have one other comment.  We did have a look at our neighbor and the car dealer next to us – Our frontage will still be about two feet further back than their frontage.   For whatever that is worth.  That is all I wanted to add.

 

Scott Daffron:  Can I have a motion to close public hearing 26-12?

 

Charles Peck: so moved.  Sally Lane: second.

 

 

The City of Cortland Planning, Zoning & Building Commission met on Monday, December 10, 2012 at 7:00 P. M. at the City Administration Building, 400 N. High Street, Cortland, Ohio. In attendance were the following board members: Chairman, Scott Daffron, Vice Chairman Bill Sasse, Sally Lane, Charles Peck, and Jim Chubb.  Also present were Mayor Curt Moll, Law Director Patrick Wilson, Service Director Don Wittman and the following individuals:

 

            Ben Berry                  915 Creekside Rd                  Chattanooga, TN 37406

            Shawna Nicula          677 S High St.                        Cortland

            Kimber Mackenzie    677 S High St.                        Cortland

            Dan Jaros                   194 Lattin St.                         Cortland

 

                       

Scott Daffron:  Today is Monday, December 10, 2012.  I’d like to call to order the Cortland Planning, Zoning & Building Commission.  Can we have roll?

Roll Call:  Bill Sasse, here; Sally Lane, here; Scott Daffron, here; Charles Peck, here; Jim Chubb, here.

 

Scott Daffron:  Can I have a motion for approval of commission minutes for November 12, 2012?

 

Charles Peck made a motion to approve November 10th, 2012 Regular Meeting minutes, seconded by Sally Lane.  

Roll Call:  Jim Chubb, yes; Sally Lane, yes; Bill Sasse, abstain; Scott Daffron, yes; Charles Peck, yes.  MOTION APPROVED.

 

Scott Daffron:  No old business on our agenda, moving on to new business:  Can I have a motion for approval of 26-12 Variance Request for 677 S High Street?  Bill Sasse made a motion for approval of 26-12, seconded by Sally Lane.

 

Scott Daffron:  As we enter into discussion, again on this – The only thing I will comment and try to make it clear:  This is a 8 foot addition according to the plans we were shown.  We do not exactly know the setback at this point but we have estimated at this point we would be at about 33 feet.  She made the comment, which is very true – if you look at Greenwood’s – I don’t know what their setback is but it is 30 feet or less when you look down the street.

 

Mayor Moll:  Plus it is all paved.

 

Scott Daffron:  I think those are items that come as a concern to us – and greenspace and the considerations we make with that.  Do we have any other questions or comments?

 

Bill Sasse:  I don’t think we are going to lose any greenspace as far as the way the place looks – trees, grass and everything are going to be maintained.  They have always done a quality job keeping that as a good looking piece of property.

 

Charles Peck:  I am satisfied with the aesthetics and what people will see as they drive into our city.

 

Don Wittman:  Additionally, one of the items we consider for a site variance is the physical constraints of the site, and the steep slope on the back is going to be greenspace that exceeds the 20% requirement and it is essentially unbuildable.  So it is impractical to build off the back of the building and is only capable of building off the front of the building.  And that is one of the main considerations for granting a variance to a setback is if the physical characteristics of the site limit strict compliance with our zoning code.

 

Scott Daffron:  Is there anything else you would like to add?  Could we have a vote on 26-12?

Roll Call:  Sally Lane, yes; Bill Sasse, yes; Jim Chubb, yes; Scott Daffron, yes; Charles Peck, yes.  MOTION PASSED.

 

Scott Daffron:  That approves your variance request.

 

Scott Daffron:  Next on our agenda, can we have a motion for approval of 26-12A– Commercial Addition – 677 S High Street.  9’ x 27’ addition on front of the building

James Chubb made a motion for approval of 26-12A, seconded by Sally Lane.

 

Scott Daffron:  I think we have pretty much seen all of this when we looked at the variance request.  Anything else?

 

Don Wittman:  Just as a matter of record, that just because you have the variance doesn’t automatically give you approval for the plans.  So if the board saw something that didn’t fit the zoning code, that is why we actually review and approve the commercial addition as well.  I cannot issue a permit for anything other than single family residential without the zoning commission’s approval.  That is why this is a 2 part process.

 

Scott Daffron:  Can we have a vote on 26-12A?

Roll Call:  Scott Daffron, yes; Jim Chubb, yes; Sally Lane, yes; Charles Peck, yes; Bill Sasse, yes.  MOTION PASSED.

 

Scott Daffron:  Next can I have a motion for approval of 27-12, New Commercial Building Application for 451 S High Street.  Family Dollar Store: 8,320 sq. ft., 41 parking spaces.  Charles Peck made a motion for approval of 27-12, seconded by Bill Sasse.

 

Scott Daffron:  Who do we have to represent this tonight?

 

Ben Berry:  My name is Ben Berry with Miller McCoy Engineering representing both Family Dollar and the developer which is the Hutton Company.

 

Scott Daffron:  We touched on this a little bit last time.  Don, any comments on if everything in your opinion fits?

 

Don Wittman:  This is for the commercial building portion of the application, so I guess what we are looking at is the building itself, the parking, the setbacks as required by the zoning code for Service District, S-1 adjacent to residential.  They are maintaining a 110’ rear setback with the residential properties known as Whispering Stream Plats.  The properties to the south are zoned service district even though there are two single family residences that share a driveway.  So as shown on the plans, the building, parking lot and all of the accessory uses meet the zoning code.

 

Mayor Moll:  The current driveway for those residences is on this property, is that right?

 

Don Wittman:  To go back with a little history lesson -  Before the dentist office was built which is on High Street, that was a home owned by Mellott who built those other two houses to the back.

 

Mayor Moll:  What I am saying is that the property for Family Dollar will include the driveway for those two houses.

 

Don Wittman:  Yes, and I was going through the history of that.  That 50 foot or however wide piece of property was added with ones owned by DeSimone and sold to Andover Bank and combined maybe 6 or 7 years ago by this board.  That was a lot consolidation, those three lots.  So, as part of the sale to Family Dollar, no reason to sever but they appear to be leaving it as is so as to honor the long standing easement for those residences in the rear.

 

Scott Daffron:  And that is a recorded easement?

 

Ben Berry:  It is a recorded easement.

 

Scott Daffron:  The entire drive is on this property.

 

Ben Berry:  It actually extends past our property in the back.

 

Don Wittman:  There is also a city sewer line there as well.

 

Charles Peck:  Can you speak at all to the traffic pattern expected from trucks that come to make deliveries here – how they are going to get in and move around and get to the delivery door?

 

Ben Berry:  Yes that is a big concern to Family Dollar and a big obstacle that we have to prove to them and show them that a truck can maneuver within their site.  Whether they turn right or left off of High Street we have a 3 lane drive which is extra wide for a truck.  The Truck will pull in front of the building to the 40’ drive in front of building.  It can then back up towards dumpsters.  That is the hatched out area in the back left corner, that is the loading area.  The back of truck will be facing loading area.

 

Mayor Moll:  There is no loading dock as such.

 

Ben Berry:  There is not.  Most of the trucks have the lift on the back.

 

Mayor Moll:  So the idea is they will pull in here, pull in front of the building and then back in to that other area.

 

Ben Berry:  That way they pull into the site and don’t have to do any maneuvering on the road.

 

Mayor Moll:  Without interfering with any customer parking.

 

Ben Berry:  That’s right. That is why we have 36’ driveway instead of 24’.

 

Charles Peck:  You are backing up parallel to the building not into the dock.

 

Ben Berry:  It is parallel and then at an angle to get into the hatched area.

 

Charles Peck:  And all of this can happen in this parking lot and none happens on the street.  Thank you for taking that into consideration

 

Ben Berry:  We also made an effort to put that loading site opposite the residences.

 

Bill Sasse:  Am I correct in assuming the pond in front is going to be 10 feet deep?

 

Ben Berry:  No, it is pretty shallow.

 

Mayor Moll:  We would like to keep it green, if we can.  That would be beneficial.  At top end it is about 5 feet.  The S end is about a foot.

 

Ben Berry:  Parking lot will be higher than that, basically a 5 foot slope from the parking lot down.  It is not a pond but more of a low grass area.

 

Don Wittman:  This has been discussed quite a bit because of stormwater regulations.  As originally submitted it did have a fence around it because it exceeded 4 foot depth which would require fencing based on their corporate policies and insurance requirements.  I did not think it needed a black chain fence in the front yard of a commercial property on High Street.  We looked at stormwater regulations a little closer and saw that there was a miscommunication as to what provision was actually applicable. We are still controlling the amount of stormwater coming off of this site so it does not exceed the pre-developed runoff rate.  And all the additional runoff developed by the roof structure, parking lot and driveway will not exceed the runoff the pre-developed site.

 

Mayor Moll:  It goes into Robbie’s Run across the street then through the storm sewers?

 

Don Wittman:  I think we are far enough south that it does not go into Robbie’s Run but into the storm sewer by Wollam and Burger King and will go down 2nd Street.

 

Ben Berry:  We attempted to limit our disturbance as well, keeping existing trees…(some inaudible).

 

Scott Daffron:  Any other questions?

 

Charles Peck:  Are there any provisions to drive around building or will all activity be on the West and North sides?

 

Ben Berry:  No just West & North.  We wanted to keep our traffic separate from the residential driveways.

 

Mayor Moll:  (directed to FD)  Do you have adequate access?

 

Dan Jaros:   Yes, I believe so.

 

Scott Daffron:  Seeing no further questions can we have a vote on 27-12?

Roll Call:  Bill Sasse, yes; Sally Lane, yes; Charles Peck, yes; Jim Chubb, yes; and Scott Daffron, yes.  MOTION PASSED.

 

Scott Daffron:  That approves the building application.

 

Scott Daffron:  Next, we need a motion for approval of 28-12A - New Business Application – Family Dollar Store – 451 S High Street.  Bill Sasse made a motion for approval of 28-12A, seconded by James Chubb.

 

Scott Daffron:  Who do we have to represent that?

 

Ben Berry:  Ben Berry, Miller-McCoy Engineering.

 

Scott Daffron:  Is there any additional discussion on the business portion?

 

Scott Daffron:  Can we have a vote on 28-12A?

Roll Call:  Bill Sasse, yes; Sally Lane, yes; Scott Daffron, yes; Charles Peck, yes; and Jim Chubb, yes.  MOTION PASSED.

 

Scott Daffron:  That moves us onto needing a motion for approval of 28-12B Signs for Family Dollar – 451 S High Street.  One Wall mounted sign:  25’ – 4 ½”.  One pole mounted sign 7’ 4 ¼’ x 4’ 1” x 12’ height.  Bill Sasse made a motion for approval of 28-12B, seconded by Charles Peck.

 

Scott Daffron:  Who do we have to represent that?

 

Ben Berry:  Ben Berry, Miller-McCoy Engineering

 

Scott Daffron:  My first thought when I see this and this is just because of the way we have been leaning and commenting – Is there any possibility of a monument style sign?

 

Ben Berry:  The competition is right across from the street and that is what they have.

 

Scott Daffron:  In my opinion that is the worst style sign you can have and that is exactly what you are proposing.  You look at some of the other, I think the Walgreens sign, that they put up, is one of the nicest looking signs.  The whole idea, the whole concept and the things we have talked about are eye level signs and you are looking up.  All of the signs are coming down.  That is just my question or comment.  There is nothing on the sign that you are proposing that doesn’t fit into our ordinances.

 

Ben Berry:  When allowed, they do prefer pylons.  The reason is, by the time you get to the sign you are probably looking up, but primary purpose of having a sign out by the road is to see it from a distance.

 

Bill Sasse:  In that area though, the height isn’t that important.  The ground level is where everybody is driving.  They are not going fast enough to have to look up for a sign.  They will be able to see it really nice down low.

 

Ben Berry:  Pretty much whatever is allowed by the zoning code.  I will be glad to ask them.  It is more of a business policy to them – for whatever is allowed that is what they will do.

 

Bill Sasse:  Can you look into it?  We would appreciate that.

 

Scott Daffron:  The thing is as you drive down the road, many signs are now monument style.  It keeps everything in the same line of sight as you drive.

 

Bill Sasse:  It is going to take us 50 years to change and we have to start somewhere.  We have already started it and we would like Family Dollar to be part of it.

 

Don Wittman:  Bill, we did change that a few years ago by allowing a greater area for the ground mounted sign, and reducing the height of a pylon sign or pole mounted sign.  So we gave them those options.  Instead of going with a 48 sq. ft. per face ground mounted sign, they would rather have a 28 sq. ft. pole mounted sign.  So they are playing by the rules we passed in 2006.  It is their business model that they would rather have a pole mounted sign that meets our requirements.

 

Bill Sasse:   I realize that, but we can still ask.

 

Charles Peck:  It is the direction we want to go.

 

James Chubb:  I am more happy is that he is getting his trucks in there without parking in the middle of the road. 

 

Charles Peck:  May I ask another sign related question?  Is there any provision your building number or your street number prominently displayed?

 

Ben Berry:  Sometimes we do that on the sign post.  It is rarely part of the sign but on the sign post.

 

Mayor Moll:  We would encourage prominent display of a street number. 

 

Don Wittman:  A lot of people still search without aid of GPS and rely on numbering system.

 

Bill Sasse:  May I ask where on this site plan, the pole mounted sign is?  Is it where the G is?

 

Ben Berry:  It is a red line right by the drive.

 

Mayor Moll:  It is on page 2.

 

Charles Peck:  That would be an excellent place for a monument sign.

 

Bill Sasse:  That is right on the edge of the driveway.

 

Don Wittman:  I like that is it parallel with the driveway and not perpendicular to the road.

 

Bill Sasse:  My only minor concern is that where we may have traffic near a sign that there are posts on the ground to keep people from running into it.

 

Scott Daffron:  It is in the grass. 

 

Mayor Moll:  That is a pole mounted sign.  When you run into it they will have to put in a monument.

 

Scott Daffron:  Anything else?  Can we have a vote on 28-12B?

Roll Call:  Jim Chubb, yes; Sally Lane, yes; Bill Sasse, yes; Scott Daffron, yes; Charles Peck, yes.  MOTION PASSED.

 

Scott Daffron:  Can I have a motion for approval of 29-12? Set Public Hearing for Zone Change Request for Parcels No. 34-106997 and 34-107944.  Request to change from S-1 Service to C-2 Highway Commercial District.  To be set for January 14th at 6:45 p.m.

Bill Sasse made a motion for approval of 29-12, seconded by Charles Peck. 

 

Charles Peck:  As a matter of information where is this?  This is off of Route 46?

 

Mayor Moll:  Windsor Place, the southern lot in Windsor that was not built and behind the building were sold to Carleton.  It wraps around Windsor out to the road.

 

Don Wittman:  2 Parcels – Lots 6 and 7 of Windsor Park Plat No. 5.

 

(Inaudible)

 

Mayor Moll:  It is Service.  He has a client that may be interested trying to make it more accommodative and open. 

Roll Call: Sally Lane, yes; Bill Sasse, yes; Jim Chubb, yes; Scott Daffron, yes; and Charles Peck, yes.  MOTION PASSED.

 

Bill Sasse made a motion to adjourn the meeting, seconded by Charles Peck.

 

Roll Call:  Scott Daffron, yes; Charles Peck, yes; Sally Lane, yes; Jim Chubb, yes; Bill Sasse, yes.  MOTION APPROVED.

 

Meeting Adjourned: 7:29 pm.

 

 

                                            _             ____                            _______________________

Scott Daffron, Chairman                    Date                            Teresa Barnovsky, Secretary