Richfield Township
Board of Zoning Appeals
Resolution 558-08
Printable Version
WHEREAS,
Janlin Company LLC of 3030 West Streetsboro, Richfield, Ohio 44286 has made an
application for a variance to allow placement of an accessory building in an
area of the rear yard 160’ from the rear property line in a C-1 district for
property located at 3018/3030 W. Streetsboro Road, Richfield, Ohio;
WHEREAS, notice of a public hearing was published in a newspaper of
general circulation in the county of Summit on April 10, 2008 and a public
hearing was held on April 21, 2008;
WHEREAS, the Richfield Township Board of Zoning Appeals, hereafter
referred to as the “Board”, finds the application to be as aforesaid;
WHEREAS, the Board has marked the following exhibits: BZA 558-08-A, a
memorandum entitled “Site Development Narrative for 3030 West Streetsboro Road
prepared by Thorson Baker & Associates, Inc. dated January 7, 2008 and revised
in January 17, 2008 and April 11, 2008”; and BZA 558-08-B a two page set of
plans entitled C-1 Overall Site Plan and L-1 entitled Planting Plan and further
identified as “Project 07119.000 dated 4/11/08”;
WHEREAS, the Board finds that the owners of the property had previously
been granted a Conditional Use Permit with stated conditions, per Resolution
#429, dated August 19, 1997; a Conditional Use Permit for an expansion of the
building facilities on the property per Resolution #469 dated June 26, 2000; a
Conditional Use Permit for a further expansion of the facilities on the property
per Resolution #536 dated May 2006; and an expansion of the Conditional Use
Certificate; variance for parking requirements per Resolution 544—07 effective
February 26, 2007; and an expansion of the Conditional Use Permit and a variance
to reduce the number of required parking spaces from 362 to 177 (with an
additional 175 land banked) .
WHEREAS, the Board finds that this is an application for an area variance to allow placement of an accessory building in an area of the rear 160 feet from the rear property line;
WHEREAS, the Board finds that RTZR Section 410-4-C requires a minimum rear yard depth of 200 feet when adjacent to a residential district.
WHEREAS, the Board finds that property on the rear of the subject property is located in a residential district.
WHEREAS, the Board finds that the requested variance is a 20% variance (i.e. 40 feet from a 200 feet requirement).
WHEREAS, the Board finds that there were no opponents to the requested variance and no negative communications were received concerning the requested variance.
WHEREAS, the applicant has testified that the accessory building is required for the operation of the premises for applicant’s business.
WHEREAS, the applicant has testified that there are no other practical locations for the accessory building given the need for septic fields, required parking spaces and preservation of mature trees.
WHEREAS, the Board finds that the variance is not in violation of the General Standards of the current Zoning Resolution Township, Article VII, Section 702-2;
WHEREAS, the Board finds that the variance is not contrary to public interest;
WHEREAS, the Board finds that the variance is not be detrimental to the health, safety and well-being of the community;
NOW, THEREFORE BE IT RESOLVED, that the application of Janlin Company LLC for a variance to allow placement of an accessory building in an area of the rear yard 160’ from the rear property line in a C-1 district for property (which abuts a residential district) for the property at 3030 W. Streetsboro Road, Richfield, Ohio be GRANTED under the following conditions:
CONDITION NO. 1: The accessory building shall be located as generally shown on the Exhibit 558-08-B.
CONDITION NO. 2: The accessory building shall only be used for the storage of ground maintenance equipment and drawing archive material.
CONDITION NO. 3: The six oak trees and two pine trees that are in the area immediately surrounding the accessory building shall remain and, if these trees fail to thrive, then shall be replaced with trees of reasonable size.
CONDITION NO. 4: All prior
conditions in all prior Resolutions (where relevant) shall continue to apply,
except that Condition 10 of Resolution 556-08 shall not be considered violated
by reason of the 12 foot drive (with an approximate length of 8 feet) serving
the accessory building as shown on Exhibit 558-08-B within the 200 foot rear
yard set back.
Effective Date: April 28, 2008
Entered on Record: April 21, 2008