Richfield Township
Board of Zoning Appeals
Resolution 560-08
Printable Version
WHEREAS, Tom Boutall, on behalf of KF Farms LLC, of 6900 Granger Road, Building #200, Independence, Ohio 44131, has made an application for conditional use approval and variances on Permanent Parcel Numbers 490014 and 490015, owned by KF Farms LLC, and located at 2900/2902 W. Streetsboro Road in a C-2 District;
WHEREAS, notice of public hearing was published in a newspaper of general circulation in the County of Summit on August 7, 2008 and a public hearing was held on August 18, 2008 and continued on September 15, 2008;
WHEREAS, the Board of Zoning Appeals, hereinafter referred to as “the Board”, finds that the application is for conditional use approval and variances for the purpose of allowing use of the properties as a commercial nursery and garden center;
WHEREAS, the board finds that the commercial nursery and garden center uses are conditionally permitted in a C-2 District as follows:
Section 411 Commercial Highway District (C-2)
Section 411-2-B Conditionally Permitted Uses
7. Commercial nurseries and garden centers (effective 03/16/07)
a. All storage of non-living material shall be within an enclosed building.
b. All vehicle, equipment and materials storage, maintenance and repair shall be within an enclosed building.
c. All property lines that adjoin a residential use or district shall be screened with a bufferyard that is the equivalent or exceeds screening provided by Section 420-4-h-6&8 Bufferyard “D” and any other buffer requirements including bufferwall requirements.
d. No parking of vehicles shall be allowed in parking aisles, driveways, or road right-of-ways.
e. Buffering with mounding and/or fencing shall be required for non-enclosed areas as necessary to shield adjacent and nearby uses from noise, dust, light caused by operations at the site and to lessen visibility of activity at the site.
WHEREAS, the applicant had initially requested six variances and has amended its application to the following five variances as follows:
i. Storage of non-living material in an enclosed building (Section 411-2-B-7-a)
ii. Storage and maintenance of vehicles, equipment and materials in closed building (Section 411-2-B-7-b)
iii. Bufferyard screening of property lines adjacent to a Residential Use (Section 411-2-B-7-c)
iv. Buffering and mounding on non-enclosed areas (Section 411-2-B-7-e)
v. Withdrawn by Applicant
vi. Required landscape strip adjacent to property bordering a Residential District (Section 411-4-D-2)
WHEREAS, the Board finds that the Applicant is requesting variances from three of the five conditions in Section 411-2-B-7;
WHEREAS, the Board has received from the applicant the following exhibits:
● BZA 560-08-A - A five page attachment to an Appeal application (including Exhibit A = which is an aerial photograph).
● BZA 560-08-B - Two Summit County Maps and Accessment information from the www.summitoh.net website.
● BZA 560-08-C - Two deeds from the public records.
● BZA560-08-D - One page plat of survey prepared by Howard R. Selee & Associates, Inc., dated July 31, 2008 marked as “File No. 08450-sketch” and entitled “sketch for sideyard variance”.
● BZA 560-08-E - One page plat of survey prepared by Howard R. Selee & Associates, Inc., dated July 31, 2008 and revised September 3, 2008 marked as “File No. 08450-sketch” and entitled “sketch for conditional use and variances”.
● BZA 560-08-F - Richfield Township Zoning Map.
● BZA 560-08-G - Thirteen photographs and legend of Kurtz Brothers facilities.
WHEREAS, the Board finds that the request for a conditional use permit is not appropriate as the burden of proof has not been borne;
WHEREAS, the Board finds that the request for a variance for storage of non-living material in an enclosed building (Section 411-2-B-7-a) is 100% and therefore substantial and the Applicant has not borne its burden of proof for a variance;
WHEREAS, the Board finds that the request for a variance for the storage and maintenance of vehicles, equipment and materials in an enclosed building (Section 411-2-B-7-b) is 100% and therefore substantial and the Applicant ha snot borne its burden of proof for a variance;
WHEREAS, the Board finds that the request for a variance for the bufferyard screening of property lines adjacent to a Residential Use (Section 411-2-B-7-c) is 100% and therefore substantial and the Applicant has not borne its burden of proof for a variance;
WHEREAS, the Board finds that the request for a variance for buffering and mounding on non-enclosed areas (Section 411-B-7-e) is 100% and therefore substantial and the Applicant has not borne its burden of proof for a variance;
WHEREAS, the Board finds the request for a variance for the required landscape strip adjacent to property bordering a Conservation/Residential District (Section 411-4-D-2) is 100% and therefore substantial and the applicant has not borne its burden of proof for a variance;
NOW, THEREFORE, BE IT RESOLVED, that:
1. The application of KF Farms LLC for a conditional use permit, BE DENIED;
2. The application for a variance for storage of non-living material in an enclosed building (section 411-2-7-a), BE DENIED;
3. The application for a variance for the storage and maintenance of vehicles, equipment and materials in an enclosed building (Section 411-2-B-7-b), BE DENIED;
4. The application for a variance for the bufferyard screening of property lines adjacent to a Conservation/Residential Use (Section 411-2-B-7-c), BE DENIED;
5. The application for a variance for buffering and mounding on non-enclosed areas (Section 411-2-B-7e), BE DENIED;
6. The application for a variance for the required landscape strip adjacent to property bordering a Conservation/Residential District (Section 411-4-D-2), BE DENIED.
Chairman:______________________________ Secretary: _______________________________
Robert Lucas Jan Fischer
Effective Date: September 22, 2008
Entered on Record: September 15, 2008