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Village responds to lawsuit with new zoning district
(by Sali McSherry - August 18, 2010)
Village responds to lawsuit with new zoning district
By SALI McSHERRY
Hunting Valley has plans to create an institutional district, or U3, in response to residents who filed a lawsuit claiming that Case Western Reserve University is using its property contrary to the village zoning code. The proposed U3 also would apply to University School off SOM Center Road (Route 91).
Village planning consultant George Smerigan was hired to study the issue.
Village Council, which has the authority to create the new zoning district, is scheduled to vote on the measure following a public hearing Oct. 5. It was on first reading last week.
The five residents of Valley Ridge Farms, which abuts the 104-acre lower farm at Squire Valleevue owned by CWRU, protested when 75 people in buses drove on their private, winding and narrow road to attend a musical performance last spring. Access to the lower farm is through the private road off Cedar Road, just east of Chagrin River Road. The road is owned by residents of Valley Ridge.
Under the terms of an easement, the university is allowed to have access only for permitted uses in the deed created by the Wade family, which gifted the property to the university, residents said.
There's no provision in the village zoning ordinances that permits the operation of classroom facilities or theaters, residents said. They said they are concerned that there will be frequent activities at the lower farm and were told there might be one a week, from poetry readings to musical performances.
In the proposed U3 district, private educational centers offering academic programs can have facilities for "cultural, historic and artistic enlightenment and education, including science investigation, nature appreciation, education and research, as well as recreational facilities, including theaters, art studios and classrooms."
Student and staff housing also would be included in the district if authorized by the village planning commission.
The Wade family indicated that the land was to be preserved in an open and undeveloped state, subject to reasonable provisions for access, Valley Ridge residents said. The land could be used only for investigation, research and teaching in fields related to natural sciences and ecology, according to the residents.
The village architectural review board reviewed and approved the exterior design for the renovations at the farm. An old sheep barn was converted into a performance space, and an old pig house nearby was converted into a ceramics studio. A concrete patio, parking spaces and sidewalks also have been installed, according to documents.
In the proposed U3 district, parking areas and loading spaces, signs and "way-finding" devices would be permitted, as long as they are authorized by the planning commission.
Storage and maintenance buildings, as well as other accessory buildings integral to the operation of the principal, would be a permitted use as determined by the commission.
Each institutional district would be at least 100 acres and maximum site coverage would not exceed 20 percent of the total site, according to the proposal. No structures or parking areas would be closer than 200 feet from the right of way of any public street and not closer than 100 feet from any lot line, except playing fields, nature observation decks and related unenclosed structures could be closer than 100 feet from a lot line with the approval of the planning commission.
There also are height restrictions in the proposal. No height of a building on U3 property can be in excess of four stories or 50 feet.
The lawsuit was filed in Cuyahoga County Court of Common Pleas by Valley Ridge Farms residents Helen Lazar, Peter Harding, James Comella, Henry Hawley, Ian Lavery and the homeowners association. The group also sued Case Western Reserve University, seeking enforcement of the terms of the deed.
The suit also alleged a conflict of interest on the part of Mayor John D. Wheeler.
Council President pro tem Bruce Mavec is serving as the mayor in this case. Mr. Wheeler has recused himself from all matters relating to the case, because he is vice president of administration at CWRU, which owns the property. He had served as chairman of the architectural review board during the review of the exterior renovations but he did not vote.
The village had asked the court in July for a six-month stay to have its planning consultant review the issues and make recommendations.
Hunting Valley has a U1 district for single-family homes and a U2, which is a conservation-development district that is comprised of condominium cluster housing.
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