BOA - December 20th 2016

ZONING BOARD OF APPEALS
MEETING MINUTES
Mayfield Village
Dec 20, 2016

The Board of Appeals met in regular session on Tues, Dec 20, 2016 at 7:30 p.m. at the Mayfield Village Civic Center Conference Room. Chairman Prcela presided.

ROLL CALL

Present: Mr. Joseph Prcela (Chairman), Mr. Vetus Syracuse (Chairman Pro-Tem), Mr. Stivo DiFranco, Mrs. Alexandra Jeanblanc, and Mr. John Michalko

Also Present: Mr. John Marrelli (Building Commissioner) and Ms. Deborah Garbo (Secretary)

Absent: Mr. Mark Guidetti (Law Department)

CONSIDERATION OF MEETING MINUTESAug 16, 2016

Mr. Michalko, seconded by Mrs. Jeanblanc made a motion to approve the Minutes of Aug 16, 2016.      

ROLL CALL

Ayes: Mr. Prcela, Mr. Syracuse, Mr. DiFranco, Mrs. Jeanblanc, Mr. Michalko
Nays: None                                      

Motion Carried. Minutes Approved as Written.

CONSIDERATION OF CASE NUMBER #2016-03:

Applicant:

MARS Electric
6655 Beta Dr.
Glavin Industries, Inc.

  1. A request for a 210 sq. ft. area variance from Section 1185.15 (c) to allow for proposed 310 sq. ft. of building wall signage (maximum 100 sq. ft. in area allowed).
  2. A request for a 42” height variance from Section 1185.15 (c) to allow for proposed 60” high letters for building wall signage (maximum 18” high letters allowed).

Abutting Property Owners

Beta Dr: 6671, 767, 761, 701, 600, 700, 731, 6685, 6650, 660, 6690, 6680, 6670, 780, 651, 730

OPEN PORTION:

Chairman Prcela called the meeting to order. We have one case on the docket tonight, consideration of Case #2016-03. The applicant is MARS Electric and Glavin Industries is the sign company. We have sent notices out to abutting property owners.

OATH

Chairman Prcela stated that anyone wishing to speak must be sworn in, administering the oath to the Board Members, Applicants, & Appellants and asked anyone wishing to speak to state their name and address for the record.

David Glavin with Glavin Industries introduced himself. The underline reason for the request for both variances is the distance the tenant is from the street. It’s a very large building. The tenant’s property doesn’t begin until approximately 440’ back from the street. The sign doesn’t begin until approximately 675’ back from the street and doesn’t end until its 736’ back from the street.

Chairman Prcela asked, when you say street, you mean Beta Dr.?

David Glavin replied, correct.

David Glavin demonstrates on Chairman’s site plan the proposed sign placement. We have three issues, one is the distance, one is the angle, a very severe angle, and the distance and the angle gives you a very short window of opportunity if you’re driving down the street at 25 mph to see anything. The tenant has a number of people who come to their building on a regular basis that are new that have never been there before. Whether it’s delivery men from the hundreds of different suppliers that they represent as distributors, to the hundreds of different contractors that are customers that each contractor might have a different person coming each day. It’s not as if the same person who knows where the location is, is coming all the time.

Chairman Prcela asked, is there a monument sign?

David Glavin replied, there is. The monument sign is non-illuminated.

Mr. Marrelli said, the monument sign is not complete yet, but there will be one.

David Glavin said, it’ll be in next week

Chairman Prcela said, looking at the google aerial shot, the proposed sign is facing the building next door, the Progressive Discovery building.

Mr. Marrelli states, I personally notified the Operations Manager at Progressive. He ran it up the real estate division and nobody had any complaints about it.

David Glavin states, as a point of reference, the sign doesn’t even begin until about the last 15’ of their building, the rest of it would be opposite the parking lot of that building.

Chairman Prcela asked, is the size that your proposing going to be visible from the street?

David Glavin replied, yes. I cross referenced various websites for estimates on visibility for signs. The best visibility for a 60” sign is 600’, we begin at 675’. It’s not the best visibility, but it is visible.

Mr. Michalko said, you’re also talking about once the people get into your parking lot, they’ll be able to find it sooner because your delivery trucks and everything that come off of 271 will be entering off of Wilson Mills and you won’t see it until you’re into the parking lot.

Mr. Marrelli said correct, they’re going to have to rely on the monument sign.

Mr. DiFranco asked Mr. Marrelli if he has any concerns.

Mr. Marrelli replied, I don’t really have any concerns, but I raised the two issues that I thought might rear their ugly heads which would be the brightness along the path and the brightness against Progressive’s building. I made that public so that we could have worst case scenario and nobody has raised an issue.

Mr. DiFranco said, there’s a house back here on Highland next to the Church, did they get notified?

Mr. Marrelli replied, there’s a list of who was notified. If it’s not an adjoining property, they would not have gotten a notice.

Chairman Prcela asked about a timer.

David Glavin replied, we’ll set it up on a timer.

Michael Doris, MARS Electric states, our business hours are 6:30 am – 5:00 pm.

Mr. Marrelli said, the sign has to be off by 11:00 pm or within an hour of your business closure.

Chairman Prcela asked, they’ll be internally illuminated channel letters?

David Glavin replied, correct.

Mr. Michalko said, I know there was concern from the Architectural Review Board about making sure they can be dimmable.

David Glavin said, we can add dimming after the fact if the brightness becomes an issue. We don’t believe it will be. We’ve talked to the manufacturers to get different opinions. The property line is 75’ away. We don’t believe there’ll be any light past 75’ nor anywhere near close to that.

Mr. Michalko said I just left your property before I came over here, your wall pack lights come out a good distance.

David Glavin said, we don’t expect it to go any farther than the flood lights on the front of the building.

Chairman Prcela asked Mr. Marrelli, is there any concern about precedence on sign size?

Mr. Marrelli replied, this is kind of a unique situation because that building is so deep.

Chairman Prcela said, so we could basically call this a hardship specific to this parcel.

Mr. Marrelli states, on the pro side of the issue, we would rather not have semi’s loaded with equipment driving up and down Beta trying to find places.

Mr. DiFranco asked, what time are your deliveries?

Michael Doris replied, we have them starting from 6:30 am or 7:00 am going until the early afternoon, but our customers are still coming until 5:00 pm.

Mr. Michalko asked, do you have delivery trucks that get in at 2:00 in the morning and wait for you to open up?

Michael Doris replied, very rare.

Mr. Marrelli asked, do you get product from out of state?

Michael Doris replied, yes.

Mr. Marrelli asked, the guy that comes to your place is probably local?

Michael Doris replied most of the time, and we have delivery hours that are published when we send out our orders. 

Mr. Marrelli asked, do you perceive having all 8 of these docks going at the same time?

Michael Doris replied, no.

Chairman Prcela said, I’ve been to a few of your other places. Is this more of your distribution hub?

Michael Doris replied, correct. We’ll feed all of our branches from this location.

Chairman Prcela asked, it’ll also have a counter as well?

Mr. Michalko asked, and the counter is only for contractors, correct?

Michael Doris replied, we do sell to the public, but it’s a very very small percentage.

Mr. DiFranco states, my biggest concern is whether or not that sign can be seen by that house on Highland Rd. I think this section of land and the Church is deep enough that it may not be seen from Highland Rd.

Mr. Marrelli asked, can you see their flood lights when you go down Highland?

Mr. DiFranco replied, no.

Mrs. Jeanblanc asked, so we’re relatively certain the sign’s not going to be brighter than the flood lights?

Mr. Marrelli replied, like they said, if the brightness is an issue, we’ll get together.

Chairman Prcela asked, if we were to approve this, do we make it contingent upon the ability to dim the lights?

Mr. Marrelli replied, you could leave that up to me. If there are any complaints, they’ll come to me. I’ll then go see the folks at MARS. You can put as a condition that I’m entitled to deal with the brightness if an issue arises.

Mrs. Jeanblanc said, I think it’s reasonable that we’re doing it based on a hardship. Because they’re so far away from Beta, delivery trucks don’t have the opportunity to see the sign.

Chairman Prcela said, I probably shouldn’t speak for the applicant, but I’m assuming these lines of site are what you’re calling a hardship?

David Glavin replied, yes.

Chairman Prcela said Stivo, you seem to have some reservations with the residents on Highland Rd.

Mr. DiFranco replied, that to me is the big thing, when you’re in an industrial area/setting and it could impact the residents, that’s my concern. I get that you don’t want your drivers driving around Beta to find your location. The variance is three times the limit. Do we have any other signage in Mayfield Village that is that size?

Mr. Marrelli replied, the Hilton Garden hotel. Holiday Inn probably before my time. They face the highway. The Hilton if you recall was needing that because of the speed of traffic and the ability to get off quickly. Recognizing the sign they could get off the ramp to make access to the building. I’ve had no complaints.

Chairman Prcela states, I think it’s been successful for them and us. I do echo a little bit the concerns about lighting on Highland Rd.

Mr. Marrelli said, if they shut their sign down when they go home at night, it’s down at 6:30 pm, people aren’t even home from work half the time at 6:30 and it’s off all night.

Michael Doris said, we stay until the last orders are done for the night but that’s just our crew, no deliveries or customers.

Mr. DiFranco asked, you guys just cleared an area back there for vehicle parking?

Michael Doris replied, yes.

David Glavin said, there’s no advertising value here. There would be no point in keeping the lights on past business closing. We’re not marketing to passersby’s.

Mr. DiFranco asked, will the motion be with a condition that the lights be off an hour after close of business?

Chairman Prcela said, that would be in compliance with code, so that’s not a condition.

Mr. Syracuse said, I echo the same concerns as long as it’s not going to be a problem for anyone on Highland Rd. I see the hardship here, where the building is located on Beta.

Mrs. Jeanblanc asked, why is the monument sign on Beta not illuminated?

David Glavin replied, it’s pretty far from the building and running power to the monument would be a problem, there’s a drive that goes across the front of the building.

Mr. Michalko said, based on what I saw there tonight, you might want to talk to the building owner about the way they have the snow piled up front because you won’t be able to see that sign.

Mr. Syracuse states, I’d like to also add that some of the criteria for granting an Area Variance, the Board is supposed to determine that one or both of the following factors are met by the request:

  1. The conditions upon which an application for a variance is based are particular to the subject property with respect to the physical size, shape or other characteristics of the premises or adjoining premises, differentiating it from other premises in the same district; or
  2. The Variance would result in an improvement of the property that is more appropriate and more beneficial to the community than would be the case without granting of the Variance.

Chairman Prcela said, I appreciate you bringing that up and we are a Quasi-Judicial Body. John, I think you’re the one who has to live with this. I believe that we’re ready to take a vote unless you have some other qualms on this. 

Mr. Marrelli replied, I do not. I think it’s a workable solution and if a problem arises, I’m sure that we could work it out.

DECISION:

Mrs. Jeanblanc, seconded by Mr. Michalko made a motion to approve the variance request for the following proposed signage for MARS Electric at 6655 Beta Drive as noted:

Contingent upon Building Commissioner’s satisfaction with illumination. Signage is required to have dimmer capability.

  1. A request for a 210 sq. ft. area variance from Section 1185.15 (c) to allow for proposed 310 sq. ft. of building wall signage. Approved
  2. A request for a 42” height variance from Section 1185.15 (c) to allow for proposed 60” high letters for building wall signage. Approved

ROLL CALL

Ayes: Mr. Prcela, Mr. Syracuse, Mr. DiFranco, Mrs. Jeanblanc, Mr. Michalko       
Nays: None                                        

Motion Carried. Variance Approved As Noted

Right to Appeal

Chairman Prcela stated written notice will be mailed by the Building Department confirming the decision and any interested party has the right to appeal within 10 days.

ADJOURNMENT:

Mr. Syracuse, seconded by Mr. DiFranco made a motion to adjourn the meeting.

ROLL CALL

Ayes:   Mr. Prcela, Mr. Syracuse, Mr. DiFranco, Mrs. Jeanblanc, Mr. Michalko 

Nays:   None                                      

Motion Carried. Meeting adjourned at 7:55 p.m.