The Newbury Township Board of Zoning Appeals public hearing was called to order by Ray Fidel, Chairman at 7:30 p.m. on May 19, 2009 with Mary Lee Brezina, Bill McCullam (sitting for Dean Eppley), Ken Blair (sitting for Glen Quigley) and Tezeon Wong present.  Ms. Endres showed projections of the site for board and audience review.

 All who wished to speak at this hearing were duly sworn and asked when testifying to state their name and confirm being sworn in.  Mr. Fidel read the applicant's request.

 Owner Charles White of White Management requests an area variance for his tenant Eric Hart, agent for Buckeye Chocolate Co. LLC, to erect an additional ground sign at 14646 Ravenna Rd. in the Newbury Industrial Park where there are 2 existing directory signs/variances (vs. Art. XII, Sec. 12.07 B&C that allows one ground {max. 24 sq.ft.} and one directory {max.50 sq.ft.} sign per lot.)

 He asked the applicants to state their case.

 Eric Hart said he needs a sign for chocolate retail sales.  The directory sign on Rt. 44 does not indicate building locations and he frequently gets calls “where are you?”  He needs a sign to build walk-in trade and attract holiday customers.  His store hours are Monday thru Saturday: 9 am to 5 pm.  Manufacturing hours are 8 to 5 or as required.

Mr. Fidel indicated this should be a conditional use request, not a variance.  The use is more retail than industrial.

 Mr. White agreed that there are more new retail than industrial businesses and more retail operations may also request signs.  

 Ms. Brezina asked about sign lighting.  Mr. White acknowledged that lighted signs are easy to read at night and timers could be installed for shut-off at midnight.  Ms. Endres highlighted the sign location to show there were no nearby residential neighbors - only Impullittio Landscaping on the east side of Rt. 44.  Mr. White pointed out the two directory signs, 1 on Rt. 87 and 1 on Rt. 44.  He said the occupancy had changed from industrial clients (employing 500 people) to more retail businesses; hence the name change to Newbury Business Park (was Newbury Industrial Park).  He cited an example in Middlefield where removal of an A-frame sign resulted in 40% drop in business; new small businesses need every advantage to spur growth.

 Mr. Wong asked where exactly the sign would be located; Mr. White pointed to the spot next to the driveway and centered on Building O facing Rt. 44.

 Mr. Fidel suggested placing conditions on the variance to restrict this sign exclusively for tenants of Building O.  Ms. Endres explained that this sign variance would apply to the size and location of this sign and would remain with the property known as 14646 Ravenna Rd.  Mr. White clarified the confusion over the address:  the parcel is assigned an address on Kinsman Rd., the 14646 Ravenna Rd. is for the separate green-space parcel north of Building O that actually has a Burton Ohio mailing address.

 Mr. Fidel asked the board for their comments.  There being no more questions, Mr. Fidel called for a motion to grant the area sign variance (with conditions) as requested stating that a yes vote would grant the variance.

 Tezeon Wong moved to grant the sign variance as requested with the condition that the lighted sign be used only for tenants of Building O at 14646 Ravenna Rd; Bill McCullam seconded the motion. A roll call vote followed:

             Tezeon Wong                                      yes

            Bill McCullam                         yes

            Ken Blair                                             yes

            Mary Lee Brezina                               yes

            Ray Fidel                                            yes

 Mr. Fidel informed the applicant his variance request for the sign for Building O was granted.

 Mr. Fidel read to the Appellant and audience, “Within 30 days after service of the minutes granting your request, if someone wishes to challenge this decision through the court, he or she may. The required permit can be issued once all requirements regarding this application are satisfied, although if you plan construction it is recommended you wait the 30 days before proceeding.  The challenge could reverse or negate our decision.  At the time you receive your permit you must also comply with all other requirements of Newbury Township zoning”. 

 Mr. Fidel informed the Appellant and the audience that the 30-day period commences with the Appellants’ signing receipt of the signed minutes.  They will be mailed registered return receipt to the Appellant.  All persons receiving notice of the hearing will receive copies of the minutes.

 The board members wished the applicants good luck with the project.

 Based on the following FINDING OF FACTS, the Board has voted to grant the sign variance limited to Building O at 14646 Ravenna Rd. as requested.

 1)      The parcel could yield a reasonable return but the sign is needed to locate the business address on this corner parcel.

 2)      The variance is substantial but essential for business growth.

 3)   The essential character of the neighborhood would not be altered and the adjoining property owners would suffer no substantial detriment.

 4)   The variance has no effect on delivery of governmental services.

 5)   The owner purchased the property with knowledge of Zoning - however the use nature has changed from industrial to general business.

 6)      The property owner’s predicament could not be obviated through some method other than a variance for this sign at a second parcel entrance.

 7)      The spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.  Such other criteria, which the Board believes relates to determining whether the zoning regulation is equitable: the sign is a necessary addition for growth of retail businesses. There were no neighbors in attendance to object.

 Mr. Fidel adjourned the meeting at 7:55 p.m.

 Marge Hrabak, Secretary