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Neighbors push to put brakes on repair shop
(by Joseph Koziol Jr. - September 23, 2009)
Neighbors push to put brakes on repair shop
By JOSEPH KOZIOL JR.
A small-engine-repair business is shaking up a Burton Township neighborhood.
Burton Township Trustees said Monday they would check into the reasons why the business on Georgia Road was given the go-ahead by the township's board of zoning appeals and would consult with the Geauga County Prosecutor's Office.
Township Zoning Inspector Robert Pealer said neighbors told they believe the business has become the primary use of the property, rather than an accessory use to the residential nature of the area. "They believe it's in conflict with what home occupation is," he said.
He said the property was approved for a conditional-use permit for owner Mervin Miller in March by the zoning board of appeals. The conditional approval was granted for two years, he said. Mr. Pealer said Mr. Miller moved the business from a Middlefield Township location at the corner of Newcomb and Georgia roads.
Trustee Daniel Whiting, who also spoke with neighbors, said they believe the action by the board constitutes a change in zoning, rather than a conditional use for a home occupation. He said residents are complaining about increased truck traffic and a lack of conditions set on the property for the business operations.
Mr. Pealer said, essentially, no conditions were set when approval was given. No buffer requirements nor hours of operation were set, he said, and residents have complained of the business making repairs as late as 10 p.m.
Trustee Louis Mucci said, if the board had established some type of vegetative buffer for the business, it would have softened the look of the parking lot that has been built there.
He said it appears that the zoning board did not go to the Middlefield location to determine what type of operation it was approving.
Mr. Pealer said his latest encounter with the business was over a pull-off area created along Georgia Road. Because the road is maintained by Geauga County, he said, he only could warn Mr. Miller that he may be hearing from the county.
Resident Rob Roy said, even if he was given approval to operate a business there, home occupation does not include using the road. "You gave him an inch, and you created a mile of headaches," he said.
Burton Fire Chief Michael Sestak said his department would conduct an inspection of the business before it opens. He said the fire department only can recommend safety procedures for residential properties but can make requirements of businesses, such as with the storage of propane tanks, which are being used at the business.
Mr. Whiting said he spoke with neighbor Kurt Updegraff, who said he may consider a lawsuit to challenge the business.
Mr. Pealer said residents are permitted to appeal a decision of the zoning board within 30 days of the decision, but that deadline has long passed.
Mr. Updegraff said Tuesday that he did not wish to comment on the matter at this time.
"It's not like they are making quilts or jam," Mr. Whiting said. "The house is almost an accessory building."
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