CITY OF HIGHLAND HEIGHTS
HELD: APRIL 28, 2008
PRESENT: Commissioners Kerr, Knezevic, Mastrangelo, Pilla, Urban;
Recording Clerk Olson; Assistant Building Commissioner Austin
ABSENT: None
MOTION ON THE MINUTES: The reading of the Minutes of the regular meeting held April 14, 2008 was dispensed with. Mr. Urban moved to accept the Minutes as written; seconded by Mr. Knezevic. Ayes Kerr, Knezevic, Mastrangelo, Urban; abstain Pilla. Motion carried.
SUBJECT: KNOWLEDGE LEARNING CORPORATION (DBA KINDERCARE), 675 MINER ROAD
PZ08006 CONDITIONAL USE PERMIT TO OPERATE A DAY CARE CENTER
Gerald Weber, Weber Architecture, 13711 Madison Avenue, Lakewood, Ohio 44107, and Chris Seelig, NAI Daus, real estate representative, representing Knowledge Learning Corporation, 3401 Enterprise Parkway, Suite 105, Beachwood, Ohio 44122, and Tim Davis, Director of Real Estate, Knowledge Learning Corporation, 6801 Manchester, White Lake, Missouri, appeared before the Commission to obtain a conditional use permit to operate a day care center at 675 Miner Road, a PCM District. The Public Hearing was held prior to the regular meeting.
Mr. Seeling stated that a developer will own the property at 675 Miner Road and that Knowledge Learning Corporation will lease the parcel for a period of twenty years. He said that financing would be problematic if the conditional use permit is only valid for a period of two years.
Assistant Building Commissioner Austin inquired if the term of the conditional use permit could be extended to match the twenty-year base term of the lease, similar to the terms of the conditional use permit recently granted to the Aberdeen Commons Assisted Living facility.
The Commissioners agreed that automatic renewal of the conditional use permit each time the state renews licensing of the day care is acceptable.
MOTION: A motion was made by Mr. Urban to grant a conditional use permit, under the provisions of Section 1109.03(a), to Knowledge Learning Corporation to operate a day care center at 675 Miner Road, for a period of two years commencing upon state licensure, and automatically renewed each time state licensure is renewed and not to exceed a period of twenty years; seconded by Mr. Kerr. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
SUBJECT: KNOWLEDGE LEARNING CORPORATION (DBA KINDERCARE), 675 MINER ROAD
PZ08006 PROPOSED BUILDING TO OPERATE A DAY CARE CENTER
Gerald Weber, Weber Architecture, 13711 Madison Avenue, Lakewood, Ohio 44107, and Chris Seelig, NAI Daus, real estate representative, representing Knowledge Learning Corporation, 3401 Enterprise Parkway, Suite 105, Beachwood, Ohio 44122, and Tim Davis, Director of Real Estate, Knowledge Learning Corporation, 6801 Manchester, White Lake, Missouri, appeared before the Commission to review plans to construct a building to operate a day care center on a vacant parcel at 675 Miner Road, a PCM District.
There was much discussion regarding the location of the parking lot being located in front of the proposed 9,500 square foot building as shown on the site plan. The applicants stated they want a driveway loop that would allow their customers to drop off and pick up their children at the front door. Chairman Mastrangelo stated that code allows parking for executives and visitors only in the front yard. The Commission recommended and the applicants agreed to relocate half of the approximate 50 parking spaces from the front yard to the south side of the building. The Commission is requiring that a variance be requested for the parking spaces in the front yard because it is an inordinate number of spaces as allowed by code. It was determined that the front yard setback would be approximately 105 feet from the Miner Road right-of-way.
Mr. Urban recommended that landscape mounding be installed in the front yard similar to the existing mounding of the adjacent buildings to obscure the view of the parking lot from the residential neighbors across the street.
Chairman Mastrangelo expressed concern that the plank siding façade of the proposed building is of lesser quality than the existing brick buildings along Miner Road and does not conform with the general appearance of the surrounding businesses. The applicants agreed to change the front of the building to brick.
Chairman Mastrangelo advised the applicants to submit a revised site plan showing the new parking configuration, the new front façade of the building, and the retention basin.
SUBJECT: MAYLAND NURSERY & PRESCHOOL, INC., 1000 FORD ROAD
PZ08011 RENEWAL OF CONDITIONAL USE PERMIT TO OPERATE A PRESCHOOL
Diane M. Mormino, owner, Mayland Nursery & Preschool, Inc., 1000 Ford Road, appeared before the Commission to obtain a continuation of a conditional use permit to operate a preschool at 1000 Ford Road inside St. John’s Lutheran Church.
Ms. Mormino stated that the preschool has been operating at 1000 Ford Road for eight years. She said the current conditional use permit was approved on May 8, 2006 for a period of two years and that she is requesting a continuation of the permit for an additional two years. She said the preschool is licensed by the State and has been in operation since 1968, and that she has been the owner since 2000. She stated that the preschool operates from Labor Day to Memorial Day weekend, Monday thru Thursday, 9:00 – 11:30 A.M, with an enrollment of thirty children, ages 3, 4, and 5 years, and a license capacity of 40 children.
MOTION: A motion was made by Mr. Pilla to grant Mayland Nursery & Preschool, Inc., on property located at 1000 Ford Road, a continuation of a conditional use permit to operate a preschool program from September, 2008 thru May, 2010; seconded by Mr. Knezevic. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
SUBJECT: JAMES VARGO, 369 MINER ROAD
PZ08008 VARIANCES TO DRIVEWAY REQUIREMENTS
James Vargo, homeowner, 369 Miner Road, appeared before the Commission to request a variance for a proposed expansion of the existing driveway at 369 Miner Road.
Mr. Vargo stated he is proposing to widen the existing 16 foot wide driveway to 25 feet. He said that code allows a maximum driveway width of 20 feet for a two-car garage so he is requesting a variance of 5 feet. He said the expansion will be for a length of 15 feet and will taper to the existing driveway for a length of 15 feet. He stated the driveway expansion is necessary to maneuver his five cars when entering and exiting highly-trafficked Miner Road.
Assistant Building Commissioner Austin presented the Commissioners with a site plan. Chairman Mastrangelo advised that a Public Hearing will be held on May 12, 2008.
SUBJECT: TERRY ALLEN, 6291 MAYPINE FARM BOULEVARD
PZ08009 CONDITIONAL USE PERMIT TO OPERATE AN IN-HOME DAY CARE
Terry Allen, homeowner, 6291 Maypine Farm Boulevard, appeared before the Commission to request a conditional use permit to operate an in-home day care center at 6291 Maypine Farm Boulevard.
Ms. Allen stated she is proposing to operate a state licensed Type “A” in-home day care center in the basement of her home for children between the ages of 6 weeks and 6 years old, during the hours of 6:30 a.m. to 6:30 p.m. She stated that the State requires that she obtain the conditional use permit prior to applying for the Type “A” license. She said that the Type “A” license allows a maximum of 12 children and that she is considering enrolling 6 children during the school day and possibly up to an additional 6 children after-school if they are siblings of the day-time children, for a total of 12 children at any given time. She stated that State guidelines require at least one provider per 6 children, and a second provider for more than 6 children.
Chairman Mastrangelo stated that Law Director Paluf is requesting that the Commission obtain the information from Ms. Allen and submit it to him for his opinion as to whether a conditional use permit can be granted to operate a day care center in a residential area. He said that the code is vague on this matter and no one has ever appeared before the Commission with such a request.
Assistant Building Commissioner Austin advised the applicant to contact Lt. Ayres of the Highland Heights Fire Department to discuss the necessary requirements to operate an in-home day care. The applicant agreed.
SUBJECT: HARRY BUFFALO RESTAURANT, 5596 HIGHLAND ROAD
PZ08010 VARIANCE TO SIGNAGE REQUIREMENTS
Peter Mooney, 5596 Highland Road, and Bill Aftoora, (sign company), appeared before the Commission to request a variance for the proposed building sign at 5596 Highland Road.
Mr. Mooney stated that he owns the lease to the building and that Harry Buffalo will be under management agreement with him. Mr. Aftoora stated they are proposing to replace the existing sign on the front of the building with a 36” tall by 16’ wide standard “Harry Buffalo” sign that will consist of internally illuminated, individual red channel letters and a buffalo head separating the words letters “HARRY BUFFALO”. He said the existing 5’ by 5’ sign on the west side of the building will remain intact.
Assistant Building Commissioner Austin stated that a variance is required to allow a letter height of up to 3 feet. He said that he will not issue any permits until he receives signatures of approval from the DiStefano family who owns the building. Chairman Mastrangelo advised that a Public Hearing will be held on May 12, 2008.
SUBJECT: HARRY BUFFALO RESTAURANT, 5596 HIGHLAND ROAD
PZ08010 EXTERIOR MODIFICATIONS TO EXISTING BUILDING
Peter Mooney, 5596 Highland Road, appeared before the Commission to request approval for exterior modifications to the building at 5596 Highland Road.
Mr. Mooney stated that he owns the lease to the building and that Harry Buffalo will be under management agreement with him. He said he is proposing to install a new glass overhead door that extends straight up into the ceiling to open up the east side of the building to incorporate the outdoor patio and facilitate traffic flow. He said that new steps and ramp at the patio entrance will be installed. Mr. Mooney stated they will continue to comply with existing regulations regarding music and business hours previously set by the Commission.
Assistant Building Commissioner Austin stated that the ARB approved the overhead door and new steps and ramp at the patio entrance earlier today. He said that he will not issue any permits until he receives signatures of approval from the DiStefano family who owns the building.
MOTION: A motion was made by Mr. Pilla to grant approval for exterior changes to the east side of the building at 5596 Highland Road, contingent on signed approval from the DiStefano family prior to commencing; seconded by Mr. Urban. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
ADJOURNMENT: A motion to adjourn the meeting was made by Mr. Pilla and seconded by Mr. Kerr. Said meeting adjourned at 9:40 p.m.
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Susan M. Olson, Recording Clerk Robert J. Mastrangelo, Chairman