Planning and Economic Development Committee - Regular Meeting

It is Thursday, 04/16/2026 here at the Green Administration Building. We're here for hearings scheduled before the Board of Zoning Appeals for the City of Green. Before we start, if you'd rise with me and say the pledge of allegiance.

I pledge allegiance to the flag of The United States Of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. Please proceed.

If you call roll, please.

Mr. Ankramati? Here. Mr. Sveit? Absent. Ms. Newberg? Here. Mr. Awadala? Here. Mr. Schultz?

Here. All right, very good. And we have our student representatives here, which is a nice program, and they participate in the boards with us for the course of really the school year, and they are here. They can ask questions. They observe how this board and other boards and council throughout the city work.

It's a nice program that the school system puts on and really benefit from it. We like having them here because they have raised some interesting questions, and we hope that they learn a few things along the way. I will say we have three matters on our agenda this evening, all right? Two of them are standard, if you will, and a third is an appeal from a prior Board's decision. The code in the city gives us the authority to hear appeals from other administrative bodies, and there is one of those before us tonight.

That might be from looking at the minutes and also the presentation materials, that might be our longer matter. So what I would like to do would be to present the other two matters, which are more straightforward applications for variances as opposed to an appeal, for code building projects. And so the first one that I have there is Douglas Kettering at BZA twenty twenty six-seven, Douglas Kettering at 3949 Cottage Grove Road here in the City Of Green. And on that appeal, Mr. Kettering, in that address, is requesting a one foot height variance to permit a detached garage to be 19 feet in height, where 18 is the maximum height allowed.

This is not compliant with green codified ordinance Chapter 157 of the Planning and Development Code, specifically 157.0872 f of accessory uses. So specifically stated here, the variance request is a one foot height variance to permit a detached garage to be 19 feet in height, where 18 is the maximum height allowed. And who is here on that, if anyone? All right, sir. Well, coming forward, to get you to the podium, you'll notice, and I'll direct that to everybody, there are two microphones there.

If you're standing at that podium, you know that microphone with gooseneck mic here like this one's going to grab what have. If you're wandering away from that because you might have presentation materials and you place those down there, then we're going to grab that microphone, the handheld microphone, and we're going to ask that you carry that with you. But let's start with this matter. Would you raise your right hand, please, and swear or affirm to tell the truth in this matter not before the board?

Yes,

sir. Your name, sir?

Douglas Kettering.

Okay. And the 3949 is a good mailing address for you? Yes, correct. All right. The nature of the project and how we're at 19 instead of 18, what happens here?

Well, I have a box truck, so I need, I would like to store it rather than leave it outside every day. So I need the height for the garage door so I can pull that in. So, you know, I need at least 12 11 to 12 feet high to put a garage, you know, be able to pull a box truck, 16 foot box truck in there. And then I'm leaving from a big house to a small house with a three car with only a two car and I had a three car garage. So I have storage, so I need room to put box truck in, some cars, basically just storage. Okay.

And it looks like the overall square footage is meeting code, so you're good there. It's simply just that extra foot.

Yes. It's just that extra foot. I had it at four twelve pitch. It was like at twenty, twenty one feet. I was like, I ain't going to fly. So I went down to three twelve. If you get down to two twelve, it's gonna look ridiculous.

Understood.

It just wouldn't even look like. It looked like somebody had a some kind of an idea, but kinda just gave up on it and did it, and it looks like crapola. So I went the best you could do is a 3.2. And at the height I need to put the box truck in, I couldn't do it. So I went to a 3.12, and the best I could do was that one foot, and that was it.

So you mitigated that a bit and got ourselves to just

do one foot.

Questions from the Board?

Mr. Kettering, you mentioned a box truck. Is there a business being conducted out of that garage?

No. Technically, I do have a business, okay? But I'm pretty much retired, and I don't really want to sell my box truck because it's got a lot of equipment in it. So I just want to be able to pull it in and out of the front driveway into that garage.

Gotcha.

Okay.

Thank you.

How tall are the sidewalls?

What's that?

How tall are the sidewalls?

Sidewalls are, let's see. Shoot. I had that. I should be in Yeah. What I can 14. Yeah. 14 because I need two foot clearance to be able to put the to put the garage door in, be able to fit the box truck in.

You.

I couldn't go down to 10 feet. You can't do it because, like I said, you need that two foot, put the garage door in so it opens.

Can you talk a little bit about the materials that are being used for the building?

Basically, it's a pole barn, steel outside, steel ceiling, I mean, roof. So it's all metal. It's all metal with, just what a normal pool barn would be.

Yes,

it'll be steel.

Thank you.

Any additional questions from the Board? Anybody else from the city? Anyone here on this matter

tonight? Yes, sir. We yield the podium.

My name is Manjel Zawahri, 3965 Carriage Grove Road.

We own

two properties, 3,965 and 3975. And I'm here

If you'd spell your last name for me, sir.

Z A W A H R I. Actually, name on

Okay. The table is back Likewise, you raise your hand for me. Swear affirm and tell the truth in this matter before the Board?

I do.

Are your thoughts on it? Your thoughts on I the

just want to thank him for all the work he's been doing in his house. He's been there for about three, four years. Before that, the property was rental for so many years, we had people in and out. So being next door neighbor, we had all kind of issues. So he's been doing a great job improving the quality of life and the area. So he's we're fine with him. And I hope you guys give him the request and approve the request for him to add the building.

Appreciate your time and planning. Any questions based on that at all? No.

Thank Thank you.

Beautiful. Thank you very much. Likewise, anyone else on this matter care to address the Board? Okay. We'd certainly entertain additional questions from the Board. We'd entertain a motion.

I'll make a motion to approve the variance request for a one foot height variance to permit the detached garage to be 19 foot in height, where 18 foot is the maximum height allowed.

Thank you, Ms. Newbert. There's been a motion made to approve the variance as requested. Is there a second to that?

I second that motion.

Thank you, sir. All right. Motion made to approve has been seconded. And if you would then, without further discussion, call roll on the motion to approve.

Ms. Newbert? Yes. Mr. Schultz?

Yes. Mr. Ankurvati? Yes. Mr. Aladala?

Yes. All right. That will pass four-zero. Okay. Good luck with your project.

All right. Thank you very much.

I appreciate the work. Second matter this evening of similar sort, BZA twenty 20, Donald Frank at 5519 Arlington Road here in the City Of Green, where the appellant at that address is requesting a variance to permit an accessory structure, detached garage in this instance, to be constructed in the side yard where accessory structures are required to be in the rear yard. Now this does not comply with green codified orders Chapter 157 of the Planning and Development Code, here specifically Table 157.087-one of the allowed accessory uses. So here specifically stated, the variance request is to permit an accessory structure to be constructed in the side yard. And who is here on that matter?

All right. Welcome. Right. If you'd raise your right hand for me, sir. Do you swear or affirm and tell the truth, the whole truth, nothing about the truth in this matter before the Board?

I do.

Welcome, sir. Your name?

Donald Frank.

Okay. 5519 Arlington is a good mailing address for you then, too? That's correct. All right, sir. The nature of the project and how we're on the side yard as opposed to other places.

Okay. So basically

Right there on that dot near Golden.

Is that better?

Perfect. So basically, the way the elevation is on the property, if we move the garage to the rear of the property or down further, it's actually about a 12 foot decline on the elevation. So in the property itself, you have a lot of water for a low area right

through here. Flip that upside down for us. There we go. There we go. Thank you.

Yeah. Grab that handheld mic too. We're going issue all kinds of instructions. That's okay. There you go. You're going overflow. It's excellent. Go ahead.

That's okay. So the way the property is, we've got the well up here in the front. We've got the septic tanks here. The septic lines are here. I had them all x rayed to find out exactly where they were at.

Nice.

The way the property lays, it goes down hill through here and also it falls off down to here. So we can't put the building back here. So that's why we're asking for a variance for this structure to be brought forward where the back of the garage would be flush with the back of the house itself. And then it would just be a two car garage.

Questions

from the Board?

Why detached?

Well, we want to detach it. I just didn't want to have it up against the house. We have a bathroom window right here and then that would get rid of it. We're going to put a I've got two for the fall between the driveway itself and the back of the building. So we're go actually going we have already got shrubs and hedges in this area. And then we're going to put a nice walkway down through here with a French drain so we don't have any water issues whatsoever. And then the driveway is about seven and a half feet from the building. That'll be all paved also. And just to clean it all up. The building is also going to have a brick facade on the front which will match.

We're going to bring it up about four feet and that will match the brick that is currently on the house Because we're really trying to keep a nice aesthetic look. We've got a beautiful ranch home and we want to keep the aesthetic look.

Additional questions from the Board? No? Anything from the city on this matter? Okay. Very good. Anybody in the audience on this particular matter? Yes, you want to come forward? If we could get your name, please.

Beverly Stitch. We're at 5526 South Arlington Road.

5526. Yes. And spell Stitch for me, please, for our record.

S as in Sam Mhmm. I c h.

Alright, if you raise your right hand for me. You swear affirm and tell the truth in this matter before the board?

I do.

Okay, what are your thoughts on the project?

Okay, we live directly across the street from them. They're excellent neighbors. They've really done a lot with that property and good neighbors to have. They they you need help. They're there for you. Excellent. We live directly across the street and we also have a side yard building. It was built in '16 or '17, I think. Mhmm. Mhmm. You can you can see that directly from from

where The overhead shot.

We'll probably be the only ones that'll be directly affected at looking at the building because when you look at the property head on from Arlington Road, there are huge plants, ewes, I think they're called ewes, the shrubs that are up on that side. And then it's the same thing on the other side. The neighbor to the north, Terry,

I forgot

her last name, Rogers, She her house is at least a 100 feet away from that property line, and there are also use on that side that she won't be able to see anything that way. Let's see. I also thought about it in in, like I say, other than ours being pre the preexisting to this to this code. Mhmm. I went up and down Arlington Road. We're about a mile from the Summit County or Starr County line.

Starr County line.

And I went up and down, and there were five detached garages inside yards that are already existing. So it's I felt like he wasn't bringing anything unusual into the neighborhood. Nothing that's going to make us all crazy. It it, and the drawings look really nice. So we support it 100%.

You very much. Questions from the Board? Okay. Thank you. Again, anyone else here on this matter care to address? All right. Thank you. We'll certainly entertain additional questions from the Board or a motion.

I'd like to make a motion to approve a variance to permit an accessory structure to be considered or to be constructed in the side yard. Schultz, thank you, sir.

There's been a motion made to approve the variance. Is there a second? I'll second this motion. Mr. Awadawa, thank you. All right. The matter has been motion to approve has been made. It has been seconded. If you call roll on the to approve as requested.

Mr. Schultz? Yes. Mr. Awadala? Yes. Mr. Ankorvati? Yes. Ms. Newberg? Yes. Okay. Very good.

And that will pass four-zero. All right. Thank you. Good luck with the project.

Thank you very much, folks.

Absolutely. I appreciate your time. Right. Other minutes, the other agenda item that we have is a little different for the Board. We are vested with the power to if you will, power to hear appeals from other administrative bodies, a little different and something that we don't see all the time. So I don't Lisa Miller Lisa Miller, look what I did when working with the City That's of exactly

people call me Lisa Lee all the time.

Absolutely. Lisa Dean. So Lisa Miller is the Law Director for the City of Barbourdon. I work for the Barbourdon Municipal Court. Lisa Dean is wonderful. She's a wonderful Law Director for the City of Greene. And she is here to kind of help, I think, give us an idea about what we do, what we don't do because and really, I think, instruction for everyone because This is a little different ballgame. The matter has already been heard fully and at least we've received some paperwork on the body that made a decision. That decision has been appealed, and now it kind of comes before us for a review of that. So Law Director Dean, what are Yes. Your Thank

you. I just want to point out the things that will be helpful to the Board that are in your packet. So you should have a packet that your that Renee gave you. And they're probably out of order, so I'm going to go slow and just tell you what you're probably going to need to review and look at as you're making your determination. And this would have been given to also the appellant. He has a copy as well. So the first thing that would be helpful to you is you have ordinance that says appeals at the top, 157.055. You can pull those out of the packet if you want to

I definitely will.

Find it readily again. I'm going to wait until I think everybody has found it. 157.055 appeals. Everybody got it? Okay.

And so we can kind of skip down towards the middle where it talks about this is your review and decision of an appeal. What we are doing right now is making a record. And all of the materials that have been supplied to you are the documents that are part of that record. And so then if you look at one of the requirements is that you have a hearing within forty five days, what you're doing, and that any person who's affected by this may testify. And then, you're to render a decision without unreasonable delay, which is what you're gonna be doing tonight.

And then you have to notify the decision, in writing, which is what Renee is gonna help you do. And I suggest we do that by way of letter since we don't have to wait for minutes, which would take another month. Right? So the review criteria is what you're really asking me about. So number four is the review criteria.

And I'm just going to read it for the record. A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this code. So you're reviewing this appeal to see if the PZC made either a procedural or substantive error with respect to the code. That's what you're here to do tonight. That's your determination.

Any questions about that before I move on? Okay. Then the next thing that's gonna be really helpful is the actual decision. So the decision comes in the form of a letter from the city to just report back what the PZC did, and that looks like a letter on, the director of planning's letterhead dated 02/19/2026. And it's actually signed by Tom DiTiro, but it's on Wayne Waffy's letterhead, 02/19/2026.

February 18?

Mine says 02/19/2026. Not the minutes, but a letter.

It's in your packet. Looks like the

first packet that I delivered. The first one.

Oh, it has

I found it.

Okay, great. Okay, great. So this is important because this is what was appealed was this decision. So note that it references CELU commercial development. It states it was conditionally approved. And then underneath there are the conditions. And that is what you're reviewing is this decision and that the conditions are included in here.

Okay.

Okay. So that you should review. Okay?

Oh, okay.

The other thing that may be instructive, although now at this point, there's a lot to read. So, but the next thing would be the minutes from Wednesday, 02/18/2026 that were the Planning and Zoning Commission minutes from 02/18/2026. And if you look at I think it's, like, the third page. It says unfinished business '25 dash 41, Selu Commercial Development. And that shows how they arrived at the decision.

It shows all the, testimony, who testified, who said what. Basically, it should be a reiteration of the letter in the sense of, at the end, how what they decided that would contain everything that they would have heard, all the evidence and and information they would have had. Everybody good with that? Mhmm. Okay.

And then the other thing that might be helpful is a little more detail on what was presented to that board by the city. So there's a planning and zoning commission, planning department review, what we call the staff report. It's dated 02/18/2026. It says item 20 five-forty one, and it's several pages in which they're explaining what the design review board did, what engineering thinks, what fire thinks, what zoning thinks, and then the ultimate staff recommendation. So that would have been given to the PZC at their meeting on February 18, and talked about it on the minutes.

And then the last thing that'll be just helpful is oh, and I'm sorry. Not last. Next to last. So ordinance one fifty seven point zero five two says conditional use permit at the top. I'm not sure we're gonna get into this necessarily, but in case we do, it may be helpful.

This is just the so one fifty seven point zero five two conditional use permit. This is the procedure that's used by PZC for a condition conditional use permit as well as the factors that are considered, and those are all contained in the ordinance. And then lastly is the appellant's, his his appeal, what he's saying. But I'm sure he's gonna speak for himself. But this this is what he was appealing.

So this is what you're determining tonight. That's it as far as, like, the most helpful things out of that entire packet. That's all. I mean, there's more there's more because there's a letter there's, I mean, there's a letter from from the planning director dated 04/15/2026 written to me, but it's related to the appeal. You know, he's responding to what the city thinks, but there's people here from the city tonight. And then there's other just ordinances so that you know you need to reference those. So

Well, I appreciate that. And again, the focus here is just on the procedural or substantive requirements before us as opposed to what they would call a hearing de novo, which is like a hearing brand new again, but it really is just reviewing the procedural and the substantive findings of a lower Board, not just our particular planning zoning, although it happens to be before us now, but any Board that we go ahead and take an appeal to, it's strictly what we're looking at. Okay, we're here, a decision has been made, there is an allegation by the submission of an appeal that there was impropriety in the procedural manner in which it happened. And I don't know if you were here, but one of the first ones we heard, it was a notice issue, right? And in all honesty, the first one we heard and the city gave us this authority was a procedural issue and the city didn't do it right.

And we overturned the city's determination on that. So they're probably surprised they sent us more of them. But ultimately, that's where we're at. It's really looking more at the nuts and bolts as to how it happened, what happened. And so we appreciate you going through those materials because several of the items, including some of the more detailed notes in the Item 2,541, for example, and then the minutes, that helps.

And then ultimately, the appeal language that we have, then also with the variance request specifically, where they are saying that this is the issue or the problem that we had. While we'll go through this paperwork and take a look at the paperwork as a guide, for purposes of the appeal, we certainly want to hear from someone as to where that procedural defect was, what went wrong with the procedure, that ultimately landed a favorable decision. Okay. So really what we have and to get the matter into the record, and again, thank you for the presentation, this last one that we have today, and I've got all these papers shuffled everywhere, is BZA 2020 Six-five Desmond Wertheimer, address there, 20 excuse me, 3929 South Main Street in Green, where the appellant, Mr. Wertheimer, at that address is appealing a decision of the Planning and Zoning Commission, planning and zoning you excuse me, sir, no excuse me, sir, no, appealing a decision of a Planning and Zoning Commission dated 02/19/2026, approving Item 20 five-41SELU Commercial Development Application.

So who is here on that appeal? Okay. I'll wake I'll welcome you up to the podium now, okay? And keeping in mind that we are very structured in what we're doing and what we're hearing, okay? We're going to likewise ask you to raise your right hand. You swear or affirm and tell the whole truth and nothing but the truth and this matter before the Board.

Affirm.

Affirm is awesome. Can I get your name, please?

Yeah. Desmond Wertheimer, W E R T H E I M E R. Sorry about that because You're good. It said 3,929. Don't live there. I live at 130.

That's always my second question. What's a good mailing address for you?

130 East Turkey Butt Lake Road.

Gotcha.

The subject property is for 3929. Gotcha. I was just trying to say

And there will be plenty of time for everybody to address when we yield a floor and then someone else can

come up

and All then we yield a right. So thank you. Hey, what's the ZIP code there?

44319.

Thank you very much.

All

right. Did swear you in. So as you've kind of heard laid out, this is this Board is looking at the procedural aspect of what got you to a spot where the Planning and Zoning Commission approved conditionally an application to develop a property in a certain fashion, right? We've had the materials that Law Director Dean kind of itemized. We've had them in our possession since really they were circulated by the zoning department and we've had a chance to go through all of them. They've all been very helpful. So we're interested in where we think the errors were and we'll focus on where we think that was. So welcome your presentation. What do you think?

Thank you. First time doing this, wasn't sure how it works. But in the process, once there was an approval, the next stage was you. That was the next move prior to going to court of common police to file a lawsuit. So to do one, we have to do have to walk or crawl for walk.

So that's what we're doing today. In the ruling, we feel from the get go, the Planning and Zoning Commission aired in approving it at all. This process has been before planning and zoning going on four years. There was a in total and as residents we felt that the Planning and Zoning Commission simply had zoning fatigue. That's a feeling that doesn't matter.

That's not a legal term. But at any rate, as you know, the city is 30 years old and conditional use has been in use since the beginning for a number of reasons. And in taking petitions I'm sorry, let me step back. Basically conditional uses was passed to do that. And and those of you who weren't here in the beginning, you know, the city had all kinds of zoning all over the place and they had to have conditional use to, you know, kind of work through what was here to organize things.

And now thirty years later, you know, the conditional use in our opinion is something that should be used rarely. It is not, but it is tadamount to spot zoning. We're giving a b one zone a b three use, basically. And I know spot zoning in our city council and everywhere is a word saying that has been frowned upon immensely. And that was our concern.

And so our feeling was that conditional use instead of that, get a zoning change. Don't apply for B3, but here we are. Storage units have a crime issue. Didn't as neighbors, We we were all new to this. We didn't understand how this worked. And this gentleman, this is my

Thank you.

Neighbor Lee, Vanna White. Thank you. And she'll pass these out. These are the stats we got from the sheriff's office. Weren't able to get them prior to the planning zoning commission.

Had to go with what we had. But we've got nothing ventured, nothing gained. One thing that was brought to my attention by several folks is that not having an attorney to represent us in this was something that might look upon us poorly. But I wanted to, as a matter of record, that we reached out to a half a dozen law firms and couldn't even get a return call because apparently lawyers don't want to get involved in zoning issues or at least that's how it appears. I don't know why, but at any rate.

So I'm here as a resident. As I say, nothing ventured, nothing gained. As you see the record there in the eight storage facilities currently the city. It's been 51. Criminal issues in the last two and a half years. And so those who say that storage units don't bring crime as was something that was brought up in the previous hearing as we found isn't accurate at all. Another part of this units, storage unit number. Sorry. She had to get them both out. So as you know, there are eight storage facilities in the city of Arene right now.

Actually nine, the one just opened. This would be 10. There are three within a mile, five within two miles, and nine within five miles, just in our city. If we went across municipality lines, the numbers increase even further. Currently, as you'll see, there are 500 vacant units right now today in the City Of Green in the storage units we have.

Even if you take the newest unit that was built last year out on the edge of the city out, that still leaves 200 empty units in the city. And those numbers were things that were not considered by the Planning and Zoning Commission because we didn't have them at that time. And it just amazes us that anyone would think it would be that we'd need any more storage. Another issue that wasn't considered. And and by the way, that doesn't even include all the open air boat storage facilities that dot the Portage Lakes.

I think there are 10, but I don't have that number here tonight. So I apologize. Another issue that we'd want to bring before you that we just found out yesterday because we had one of these storage facilities in actually New Franklin that told us this is our local communities, Coventry and New Franklin. Coventry's had it on the books for over ten years that they have a law that no storage units can be built within a mile and a half of another one in their community, which basically says no storage units can be built in Coventry because half of Coventry is covered by the storage units in the city, and then the rest of it is covered by a storage unit on the other side of Coventry, basically making storage units impossible in their community. And another thing that just shocked us, we're just everyday residents.

We don't do this ever. We don't know anything about this. The owner of the facility, you may or may not know, is the elected mayor of New Franklin. He was elected last year, took over December, January 2526, whenever his term started. And New Franklin has had a moratorium on storage units since 2024.

And the night of disapproval, unbeknownst to us or anybody else, they passed another moratorium for 2026. And it's right here. I mean, we're playing checkers and the only one in property is jazz. I mean, it's it's it's stunning to us as neighbors. Green has three retail zones.

New Front have Massillon Road, Arlington Road, and South Main Street. Maslin Road, those of you who live here, you know is packed from end to end. Arlington Road is so packed they just put us put a Dunkin' Donuts was approved on the storage camp at the corner. On a storage or excuse me, on a postage stamp on the lot at the Corner Of 619 in Arlington. And so where is retail to go in our city?

If this indeed does go through, Where does somebody build retail in our city now? This plaza has been there thirty seven years. And as a matter of fact, they had planned for the retail to be extended because there's a large Stewart line that runs underneath his property currently. I can't speak to what the rules are about that moving forward for the owner, whether he has to remove it or whatever. Maybe they can speak to that.

I can't speak for them on that issue. But it's stunning to us as neighbors that this community that he's the mayor of is trying to protect their community from storage units. And the language used in a two minute discussion was we want to protect our vital areas for our business use. So they want to protect their vital areas in his community, but yet build it on top of our retail and ours. Been in sales for thirty years and I'm usually not speechless, but I don't even know what to say about that.

I mean, just I don't even know what to say. And win, lose, or draw the night, we'll be addressing some things with City Council in a hurry. But we feel that the Planning and Zoning Commission, if we were able to have brought these things, that we would have had a much different outcome. And so as I said, we felt that the long range plan has been in place here for more than twenty five years. The city is 32 years old now I believe.

And this property has been deemed retail so much so that the last four or five reviews that happen every ten years, I think, it's not even brought up because it's a foregone conclusion that it would be a retail use. And there is no question it brings crime. The community that the gentleman lives in is blocking storage. And not just 93, but his entire community. They're blocking storage units from going in because of the detriment to the community.

They know, he knows, that's why they're doing it. And so disingenuous, and then I don't know what word to use here because it's getting illegal proceeding, but it's unbelievable. And so I know that, you know, the guidance on this about how to appeal and what can be appealed and so on and so forth, but I would be remiss if I did not bring up these issues because I I as I said, it just it is just stunning to me that we're even here at this point. And and we had known this. I I have little doubt that the Planning and Zoning Commission would have stopped this.

And we're hoping that because of the because of the errors in their their approval that you folks can turn this over. And that's the reason I appealed. Whether it adds up, makes sense, or is part of the rule, I don't know. I and I'm not versed in this. It's the first time I've ever done anything like this. So I as I said, nothing ventured, nothing gained. And

Excellent presentation.

Thank you.

And not that you're done either. We're not letting you know.

No, not going anywhere. Just

question. So some of these items that you're bringing to us now weren't brought before the Planning and Zoning Commission.

You've We didn't

difference. But ultimately, what we're looking at, too, is whether there was an error in deciding that it really did kind of comply with the like the long range plan, the land development code, you're saying that, that just it doesn't square with it at all. And I think that was reviewed then, so we'll let the city address that because that's essentially where it is. And I know we're talking about storage facilities. You did a real nice job in starting that off because there's a distinction there of what's permitted in the B-one. B1 for storage units is a conditional use, I think, is what you've kind of put

your And lead on right

that's exactly what we see, right, is there are certain very specific things. And then there are things that are conditional. So the characterization of that is that's used now to potentially create spot zoning and that what's following from that is that conditional uses then should not be permitted at all beyond what's stated in a directly permitted use in any zoning because conditional usage is now antiquated, not part of the code, and so there should be no conditional uses, because that's spot zoning or it rides us into some an area where there really wasn't permitted and we shouldn't use conditional zoning. So the code does provide for them to do that.

Yes, it does.

And anxious to hear from Citi on the thoughts of how that's not spot zoning and how it's not ultimately an antiquated way to approach allowing something that potentially shouldn't be there. And I'll it's something for us to hear. Procedurally, so those items were just overlooked and you're feeling that it's ultimately a decision that that was before the Board and ultimately permitted as conditional use is just not proper. It seemed like everybody got noticed, so we're all good there. And I appreciate your involvement in this. But I would, at this point, let the Board ask you questions and then we'll see for other presentations that we have. And

the mention of conditional use, you know, since coming in this, we're going to well, starting Monday, we're taking signatures in the city of Green where we're going to put a charter amendment on the on the on the ballot to to end all conditional use in our city, period, on anything. And we'll let the voters decide. We've already, you know, began signatures and and we're taking several issues because of this learning this process. There's way too many things going on the hip here at the city that should not be going on. And we're and gonna we're gonna let the voters decide if they should continue or not. Yeah. Certainly focus on that. That's the best of me to hear,

but anyway, go ahead. Questions from the board then. Thank you.

Thank you. Question. It's my understanding that the conditional use permit requires a public hearing. Were you and the neighbors able to attend that public were

at the public hearing for the conditional use. We were at all they were they the neighbors, even though it a small turnout, starting four and a half years ago with 40 to 50 people at every hearing, including the hearing that they had. And many spoke out, a couple spoke for it, but mostly against it. So, we were here.

Okay. And the data that you shared with us today, you were not able to share then?

We did not share any of that because we didn't have it. We didn't we didn't we didn't know what to go out and get because none of us had ever done anything like this before. And we, you know, after it was approved and we're like, we're gonna appeal. Don't know how this works, but let's dig in. And we dug in and we found about found out about New Franklin and Governor yesterday at 10AM in the morning. We didn't know about that till yesterday, literally. We found that. And so about how they had passed the laws or how they have their moratorium in their communities.

Yeah. Can may I ask what

type of information did you present at that particular hearing?

What was presented is the neighbors were very against it. They felt that storage units would again be damaging to property values. And there was the concern that there would be a crime issue, but we were told there wouldn't be one. But it's on the tape, as they say. And, you know, we were trying to put we we we did say that at one facility we were able to have information that that there were five issues. But one of the commissioners told us that because it wasn't signed, he didn't read it. He doesn't read things that aren't signed. We were told by one of the zoning commissioners, planning a PCC commissioner. If you don't believe me, read watch the tape. It's on

there. Yeah.

And we were just stunned that that a unelected any anyone would wow. Anyway. Sorry.

So you were able to you were able to attend the meeting Yeah. And you were able to express your concerns

Mhmm.

That seemed to be very similar to the concerns that you have here today. However, you did not have the data to support those concerns at that time.

Yeah. Correct. Okay. Yeah. Thank you. Yeah. And we had no idea that the data was anything like this. I mean, we knew there were eight units. We knew how close they were. But beyond that, we didn't know about the vacancies. We didn't have any idea about the stats. And of course, the moratoriums, we had no idea at all. Thank you.

Thank you. Additional questions?

I have question. Absolutely. Excellent. I guess it's like kind of two questions. What is conditional in spot zoning? Like, what's the difference?

That's excellent. Excellent. This is

I I'm not going

to You

did a

nice job of bringing it up. Law director, you want to hand it

over Alex? Oh, Go ahead. Yes, you're doing the same.

Oh, that's very good. Actually, Tom, yes, you would be the best to do, but that's an excellent question. It's an excellent question because bring that up because it's really at it. So the difference between let's just talk really about conditional, but

then And spot zoning. Conditional uses give the Planning Commission more control because, these are maybe more sensitive type of projects, and this includes schools, parks, you know, things like that that are common in our community. So, we do allow, you know, that notification of contiguous property owners because of the we we know the sensitivity and the impacts that they may have on those, issues there. So this being a valid conditional use in the B1 zone, this is the process that was

So something is a valid conditional use and that's laid out somewhere in the code, right? Absolutely. It's our

table of allowed uses there, yes.

Yeah. So there's like permitted uses, very specifically enumerated and then conditional uses. You know, if we can be persuaded, it's right. We can persuade it, it doesn't have impact. It's more of a sensitive matter.

The issue of spot zoning really does not valid in this case because it's already zoned B1. Inherent with the B1 are those conditional uses, permitted uses. The project itself was a mix of retail, office, maybe a restaurant or coffee shop and storage units.

So within

its own little project, you have that mix already. So, spot zoning does not apply in this case because it's already zoned B1. The long range plan, it's a great document, but it doesn't guide this decision at all. Yes. And I get

the thought that it kind of renders spot zoning if you can force something it doesn't belong or is attempted to be removed by zoning districts not being permitted in an area that you're using conditional uses to allow that. But it's more careful than that.

It's You're a step right.

But you raise an interesting point because your efforts to maybe eliminate conditional uses out of the code and out of that table, to eliminate that table, then it's like, okay, then we're at a spot where, wow, the city really can't do that. But at the time they make their decision, I think we agree that it's a conditional use and it's something that can be employed by the city as a permitted not permitted, but they can look to those conditional uses and then be persuaded based on the nature of the program or the property and the development that it would be an acceptable conditional use. And that's essentially what you do in your hearings. You review those and you go through and take a look at those more sensitive matters and look at them carefully.

Correct, yes.

And is that why we have like four, five, six pages in Item 20 five-forty one, which is All the conditional uses. All the conditional And that does a nice job of kind of because you're going back and forth on talking about the materials that are going to be I know we've asked now and again about, well, what kind of materials are going to be used in this building or if you're going go ahead and you're going to add this. It was important for the gentleman to say, well, we're going to use a stone front or a brick front on this to kind of make it match or whatnot. Here, we see design review going through it at great lengths to try to make sure it's buffering that if it's going do something different. So that's what's there in a minute. But yes, and that's what we're I don't want say hamstrung with, but that's certainly what we're tied to,

is if the

code says and reads today that it could do that, then is there a procedural error that they went beyond that in some way, fashion, shape or form. That's where we're headed today. But again, an excellent presentation. Any questions? Any additional? No? Anyone else here this evening want to address anything beyond based on where we are?

Thank you.

Absolutely. Absolutely. If you'd raise your right hand for me, sir. You swear or affirm and tell the truth in this matter before the board?

I do.

Your name, sir.

My name is Lee Maynard, m a y n a r d. I live at 155 Magwood Drive. Memorial Day this year will be there thirty four years. So I have some investment in the neighborhood.

Alright. Yes, Go to it.

I'm the one that gathered all this information. I've got you can see with just the occupancy ratings, I just put telephone numbers and it was all done yesterday. I have call logs and everything printed at home if you guys want For when I called these people, I just, you know, I didn't see any reason to include that. But it just, it bothers me that we've been through this and yet, mister Rector was the vice president of the new Franklin steering committee and they thought it was really nice that they put a moratorium on any of these things in their city. But yet one mile away he wants to build it in my city.

You know, that's where our biggest problem comes here. Approximately one mile away is New Franklin. I don't know exactly where it all hits in right there. But that's the biggest problem I've had. We've had to look at this property now since the last people moved out twenty nineteen and we've called you guys about it and nothing ever happened. It sat there. So now he wants to do the storage units and we don't want them. There were only ever two neighbors here that wanted them. The majority of the rest of the people spoke out against this. But yet it was still passed.

So then we pulled up all of this along with I hunted down Coventry zoning regulations and New Franklins. And I'll be honest, I didn't print out Springfield's. I talked to the trustees. Theirs, as long as it fits the zoning issue, it goes in. They won't change a conditional permit to allow the zoning, to allow a

Yeah.

Self storage unit. I I talked to Kelly Chapman yesterday.

Mhmm.

And that's it. Because I was just wondering if they had something because I was gonna make copies of all the different townships and little cities around us that have moratoriums against these

things. Right.

So but that's all I have to say. You know, this is all my work. If anybody had any questions, I'm here. You know, I stand behind my work. I get everything backed up on my laptop at home. And if there's any questions, please feel free.

Go ahead, please.

Please note.

Mister Maynard, were you able to attend the public hearing when it was offered?

I was.

Okay. And you were able to speak out then?

I was. I said the exact same things. Okay. You know, I said he was the vice president of the steering committee at New Franklin. At that time, we didn't know that this vote was coming up. And, you know, as you can look and see the date on the vote from New Franklin, it was Wednesday, February 18. We didn't know this was coming up. He didn't bother mentioning

it to us.

I think I heard you mention that there were many people from the neighborhood who were able to attend that hearing.

Yeah. We were here at the hearing. And you know, unfortunately, it's like voting. Mhmm. If you don't vote, you really don't have a say. Mhmm. So even though there's a lot of people in our neighborhood, the group that showed up, we had two gentlemen, one owned I forget his name. You'll have to I'd have medical issues, so I have some memory issues sometimes. Gentleman owns a white dump truck, lives right behind the duplex there on Magwell was for the issue. There was one other lady up on the corner for the issue, and there was the people of the naughty wine vine.

Mhmm.

They had no problem with the issue. Everybody else was against this. Mhmm. We didn't want that driveway coming onto our side street. Mhmm. You know, it's a private neighborhood. There's a bowling alley. It's been there forever, and there's no traffic from that alley. I've bowled down there for twenty years in the league except for the two years it was closed or whatever. Yeah. You know? It's just we don't want it.

So were the neighbors able to express their concerns at that meeting?

Absolutely.

Okay.

And they still looked at us and said, too bad.

That's

right. You know? And then when we find out that there's a moratorium in the city he's the mayor of, that's really a kick in the face. It really is. Gotcha. You know? So that's all I have to say. I just wanted to say I stand behind my work. And if there's any questions, you feel free to let me know. Thank you very much.

Thank you.

I'm sorry, are there any more questions? Before I briefly walk around and walk

away. I

didn't mean to.

You've been doing that the whole meeting.

I know. Thank you. Thank you for putting that together.

Have to I just had surgery Monday, so I'm walking a little gingerly and I just wanted to be here tonight for this.

No. Thank you for you for making copies to distribute for us here too. Yes, sir. Raise your right hand. Swear affirm and tell the truth in this matter now before the Board sir. Can I get your name please?

My name is Robert Prentice. I live at 129 Gunnar Drive.

129

Gunnar Drive, and that's Akron, Yes, 4300 and

right. Mr. Prentiss, your thoughts on this? Well And again, what we're focused with is procedure and Mr. Newberg's question is

on the

I'm the gentleman that started this whole process.

All right.

I got wind of it four years ago. I've been born and raised in this neighborhood all my life. I've been living in this, I'm 59 years old, I've lived in this neighborhood fifty six years. I like my neighborhood. It's an older neighborhood in in the city of Greene, but the people take care of their neighborhood.

They want I went door to door. Every household in my neighborhood, the snow, the rain, knocking on doors. People invited me into their homes and thanked me for telling them that what was could could come down in that corridor. And I'm gonna tell you, the people in my neighborhood are against it. They didn't they don't want it.

They know the eyesore that's on the corner right now that we've dealt with since 2017 that he doesn't even take care of. Doesn't even take care of it. Doesn't clean the weeds, doesn't clean the building up, nothing. Except two people in our neighborhood are for it. Other than that, everybody's against it.

The only thing I have to say, it doesn't fit in that corridor. It's not going to do any it's not going to bring any business into that corridor. All it's going to do is going to bring in trash. It's going to bring in riffraff, and it's going to bring in crime. And I don't understand if we're in this city of Green which I love, why would we want to bring in more crime to our city. We could stop it. We can think about it and we can think what else could go in that corridor other than storage units. We have enough storage units in the city of Green. I don't feel that we need two forty two more storage units in our city and the neighbors don't want it in our neighborhood. They just don't want it.

And if you look on social media, people from the outside in has even said, why? Why Green? Storage units? More storage units? What are you thinking? And it's not me. I was just the messenger that got the message out to my neighbors, and that's all I was. And I heard what the people had to say and what social media has to say about this project. They don't want it. So I hope you guys can think it through and think about our neighborhood and just it's not a good fit for our neighborhood. We just don't want it butted up to our neighborhood. And I'm sure there's other neighborhoods that wouldn't want that either. So that's all I have to say. But thank you very much for your time.

Any questions, though, before we let you on the way? Ms. Newber?

Can we ask you a question?

Mr. Prentiss. Mr. Prentiss, yeah. No, you're good. No, I appreciate that.

I'm asking because I'm looking at what we're being tasked to do, which we're being tasked to look at the procedures and to determine whether or not the procedures that were in place were followed. And that's why I'm asking the questions that I'm asking. Did you have an opportunity to attend the public hearing, and did you also have an opportunity to speak at the public hearing?

We had a public hearing four years ago here. It's been dragged on for four years. It's been going on. And when he first when Mr. Rector first came to counsel with this project, the building in the back that he wanted to put up was almost as big as what Sandy Beach Marina has for their boat storage because at one time he wanted to store boats and RVs in this back building.

And the gentleman that was on zoning, he went down there and he did his homework and he came back and he said there's no way we're gonna allow that building because this lady right here that lives across the street from me at 11136 Gunnar, which she'll speak here in a moment, it's still either way, with the first building that he wanted to put in that back corridor and now the new building that he wants to put back there of one of the five, she's going to be a prisoner in her backyard. Mean, she's going to be in Alcatraz. I mean, that's not fair to her. And why should our property value go down because of this structure and what it brings?

Thank you.

I mean, she's like I say, she'll do this for herself, but I'm just saying she's still gonna be a prisoner in her backyard. And that's not fair. That's not what she bought to live there. And she's lived there pretty much as long as I have. It's a quiet neighborhood. We love our neighborhood. We love it. We just wanna keep it that way. We just don't want the crime going in there, then the crime starts and goes into the neighborhoods. I mean, if people keep their vehicles out, they shouldn't be afraid to keep their vehicles out. We just don't want what it brings. It's nothing against him. We just don't want what it brings.

Okay. Thank you. You. Thank you.

Ms. Newberg, can I just, for the record sake, your question you asked was that's Okay? No. The question you asked was whether is it Robert Prentiss was in attendance at the public hearing? And so the minutes showed that he was in attendance. That was what you actually asked. So the February show Prentice of 129 Gennar Drive was in attendance and stated concerns with the storage units bringing burglary and crime coming to the area.

I've said that from day one.

Thank you.

Thank you. All right. Welcome.

Good evening.

Can you raise your right hand for me, please? You swear or affirm to tell the truth in this matter?

Yes, sir.

We can get your name, ma'am.

Jean, j e a n. Last name is Prentice.

Spell that, please.

P Peter, r e n t Tom, I c e.

Beautiful. Alright. And an address for you?

Okay. 129 Gunnar Drive.

Gunnar Drive.

My claim to fame is the gentleman that just sat down. I look 20. Anyway, I'm not trying to be humorous. We started I know she's very anxious, like, who attended the meetings? Who attended the meetings?

Well, and and why is that, though?

Sir, I wanna tell you.

Well, I'm gonna I would like to indicate this. I'm gonna let you make your presentation.

Yes, sir.

But because that's what we're tasked with learning, was the procedure followed.

Okay. That's

it. Yeah.

When we first had after he canvassed and you stop me and correct me.

No. No. You're you're good.

First time around.

That's what we're focusing.

Okay. Canvassed the neighborhood, you know, because we knew they were gonna have a meeting. I'm gonna tell you the god's truth. This whole room was packed with our neighbors. In fact is this on?

Yeah. You got it.

Oh, okay. In fact, excuse me. In fact, when we left

Mhmm.

After the first meeting, one of the council members came up. It may no. The mayor didn't stay for that. Oh, I think it was the previous mayor, mister Nugibauer. Nugibauer. He came up, and he said, we were the second group of people that cared enough about the project. The number one group that filled this room was Chapel Hill When they wanted to erect Chapel Hill, the room was full. Guess what? Gunnar Drive filled this room the second time. Every neighbor was here. The second then we had another meeting. I think it was in December. Guess what? The room was either three fourths

Mhmm.

Or full again. Unfortunately, mister Rechter's architect gave the presentation. He wasn't here that night. Got turned down again. So we were going to meet a third time.

Well, the mayor thought it would be better to have a community meeting or a howdy duty is what I call it at Naughty Vine On another terrible snowy night, slippery, this poor man gave me his arm. We met every time in the winter. And, unfortunately, we just have a handful, but we're all concerned. It's it's it's first of all, there's crime. And first of all, we have it's it's it's a older neighborhood.

Okay? But it's a nice neighborhood. And we just I don't care if there'd be another project. I don't begrudge anybody having success or building or anything, but not storage garages. You don't really see them, like, in kind of a neighborhood neighborhood. They should be way out somewhere. But that's what I'm trying to say. And then that social media. Now I'm not a big Facebook person, trust me. But the Facebook blew up.

Why in green? It's not like, you know, we don't have enough. But to tell you for the support for the neighborhood, this place was packed. I don't know if mister Lyons is back there and has films. You would see all of us, and it was in the dead of winter, in the dead of winter. I just prayed we'd have sunshine and not a, you know, a snowstorm because maybe they wouldn't come. But that's all I have to say, and I'm glad I could say it.

Oh, we're glad you came to say it. Yeah. We're we're glad you're here. And and it's, you know, it's it's a I won't say frustrating on our part. We're we're narrow in our scope.

I know you are, And

so that's and from what we're hearing, it's like everybody got notice and was showing up and was voicing the concerns and the thoughts of trying to approach the legislation and what the laws are on the books. That's kind of what we're held to do.

And if that's permitted, then understand. We get

I have no idea what the other council member or other members are

it can all you know, it could all work out some way.

Well, we appreciate you

being done with me?

I don't know.

We'll see if are

questions. Let's find out. Are we any questions here? No. That was great. Thank you very

much. Okay. Appreciate

Alright, sir. Welcome. Raise your right hand for me. Do you swear or affirm or tell the truth, whole truth, nothing but the truth, this matter before the board? I do. Your name, sir?

Michael Mason.

Spell your last name for me.

M a s o n.

Of course. And an address for you, please.

3740 Shikalami Drive.

Spell that for me. I don't know if I'm familiar with it.

S H I K E L L A M Y.

A M Y. Thank you very much. Okay. All right. Okay. Fair enough.

I got it right here.

All right. Thank you. Go ahead.

So I was not able to attend any of the meetings. The reason why I was a Facebook data center project out of town. A project that was not wanted where I was.

I

had mixed feelings. A lot of people still don't know what data centers are for. And again, why do we keep why do we need them? But when I was home I worked six days a week. So when I was home on Sundays, Bob would swing by and fill me in on everything.

I've only been in my neighborhood for three years. Retired ten years ago from the Air Force. Lived around the world and nothing never thought I would be back in Ohio, but my wife is from Canton and Ohio's home. Paid 277,000 for our house. Houses are going now, I see $3.50 and up.

We have plans drawn up by an architect to improve our home. It's a nice brick ranch. But what drew us to the Portage Lakes is that retirement. My wife has twenty one years with the bank. Before I worked on that Facebook project, worked for Hammond Construction and their safety division, which did your schools. I like green. We looked at green. We looked at Coventry. We looked at New Franklin. We have a pontoon boat we bought last year.

We want to my wife's getting ready to retire, she says, I can retire after her again. But our neighborhood's quiet. It's very convenient to Arlington. I'm a patron of Buehlers. I would like to see that plaza grow to phase two.

I've worked in construction ten years. And when I go up to Lowe's, I take Turkey Foot Road. And I see the storage unit right there. And I'm like, why do we need another one? So I'm just here to support my neighborhood as a concerned citizen and see what happens.

I appreciate it. Questions? Okay. Thank you, sir. Okay. Thank you. Anyone else? Thanks. All right. Welcome.

Raise your right hand for me. Do you swear or affirm and tell the truth in this matter before the board?

Yes.

Your name, please.

Karen Lasalle.

And let's get you over there to that microphone.

Karen Lasalle.

There you go. Spell your last name for me, please.

L a s a l l e.

Gotcha. Alright. And an address for you?

Yep. 136 Gennar

Alright.

Akron, 44319.

Akron 19. Okay. And your thoughts again?

My thoughts are, I can't believe this is happening. This is just the wrong place for this to be built. And it's just it's really bad for me because I'll probably be gone in a few years, my sons and grandchildren will be affected. The pollution, all all the stuff that comes with it, the crime. Oh, just just the aggravation of having it right there in your backyard.

It's it's not gonna it's not it's right there in my backyard because of the lot, the way it runs. And that's why Breitenstein couldn't do anything with it. He wanted to make a turnaround, but my yard my property was there, and the gas easement runs from my property. I can't build on that side. It runs all the way down. I don't know if anybody's aware of that, but I was told it went fifty some years ago when I when I bought the place. They wanted me to buy out the the gas line. And it's just it's it's thinking of crime. It's thinking about their grandchildren. There's even kidnapping going on in some of these places.

And, I mean, it's not justifiable that these things should happen, but they do. And we have no control over it at all. There are a lot of sick people out there, and there are a lot of criminals that wanna just get something for free. They wanna break into these units. They wanna hang out.

They wanna get drunk, but our liquor store is right there to the left of it, up a ways. Mhmm. But they can walk up to it or ride up to it, take their booze and their boats or whatever, and and do whatever they please, especially men. I'm I'm not saying just men, but mostly men are apt to to hang out with the buddies and stuff and drink. And they do that a lot after they're boating and during the boating, some of

them. Mhmm. Yeah.

I've I've watched it over the years. I'm not I'm not any spring chicken that I that I don't know what's going on. Mhmm. I see a lot of crime going on now. And this will just this will just bring it to its highest level. And I feel sorry. I don't care really, I don't care so much about these old we're gonna be gone, these old people. But the young people, why don't they care about the young people? Why don't they care about their children? They walk their families.

They walk their dogs. It's a peaceful, wonderful neighborhood with beautiful homes. I mean, some of them are older, but there's some that go for $300,000 I mean, that's that's getting up there. I mean, and they're even at that price, they wanna improve upon them. Our one neighbor says, oh, 300,000. We're gonna make it a mansion. And I feel sorry. They're gonna have to look at they're gonna have they're gonna have them right there. Yeah. And they they won't go away.

No. It's been it's zoned that way for a bit. Right? So it's been

zoned that near my property ever Mhmm. Except the farm.

Right. Right.

Schafer's Farm. Mhmm. And they used to ride the horses down through through my yard. Oh, we got along just fine. It was all nature.

Right.

And there is a lot of eco Just going what

I see though is the neighboring property that we're talking about, but whatever is planning on doing with it, the zoning changes from the residential to a B1. And so that does open up the door to other uses.

Yes, it does.

And as was well stated, we're looking at a conditional use as opposed to a direct permitted use. And so where the procedure is followed to kind of vet that to make sure that it was a reasonable conditional use. Now if it's a specifically permitted conditional use, if I can use that in mixed terms, which is not a good thing, but it's a use that's listed as an available conditional use. So the city did its due diligence and do its steps to make sure that it applied everything correctly and got notices out, as Ms. Newberg is asking. And so that's what our focus is.

Morally even. Has it's greed.

But we're held to the code For at this purposes of appeal, we're held to the code. Are there questions from the board? Yes. All righty. Thank you.

Well, I'll give it my all to keep my part safe,

And keep but you safe.

The children I think peep the young people need more attention. Why not do stuff for them instead of just these retired people or the people that just wanna

do something And good points for counsel. Right? Our legislature in the city that Exactly. Create the Yeah. So keep up with Thank them

you. Love my Green. I do. I I hear a lot of young people that moved here that want to move out. And I discourage them because I love they don't look have to look at the aspects of the good parts of it.

Well, thank And

what very it's got going for it, you know?

Very much. Thank you.

The people are good.

All righty.

You very much. Appreciate it.

We appreciate it. Thank you for coming. Questions additional from the Board? Any additional presentations you guys wish to have? Anyone else here this evening? Cindy, any response or anything of that nature? I don't know we necessarily need to review the project in particular. We're more looking at the

If it's okay, I'd like to help What's that, please? Can I help Tom a little bit? We're keep us not used to like kind of for the free for all kind of, that's okay, can I?

Go ahead.

Okay, so Mr. Tatero.

Yes.

Do you need to swear him in?

Yeah. He's not an attorney.

Yeah. So

he would. If you raise your right hand for me, swear or affirm and tell the truth in this matter before the board. I do. And for the record, your name?

Thomas Dottiero. And your position with the City of Green? City planner. Okay. Very good. How long have you

been a City planner with the City of Green?

Almost thirty years. Okay. Thank you, sir.

Okay. So, Mr. Dottiero is a, city planner for almost thirty years. Are you familiar with our land use development code?

Yes.

And, you heard a little bit of testimony earlier today about this being this property being in a B-one zone, correct?

Correct.

And I think there was an accusation that it's, being treated more like a B-three, than a B-one. Did you hear that?

I heard B-three come up. I wasn't sure how that was related to the conversation.

Okay. So why don't you just generally I think this Board probably knows, but if you could just generally describe the difference between a B1 and a B3?

So our B1 zone, which is the zoning in question here, is our general business zone, which is our most inclusive zone in the city. So that there's a wider wide range of mostly permitted uses. There are some commit conditional uses, but most of the businesses you see out there would be permitted or conditionally permitted in the V1 zone. The B3 zone is more limited in scope, what it does permit. A lot more conditional uses are are in that b three zone.

And it's meant to be more, you know, cohesive with the neighborhood, surrounding neighborhoods. But b one zones are, as you can if you've been around the city, are bordered by residential zones, and there are buffering buffering conditions that are needed to kind of help mitigate development in those areas.

Okay. And then as far as, you were testifying that there's a difference between, permitted and conditional use, and I think this Board also knows that, but we are trying to make a record. Is that that's found in the table of allowed uses. Correct?

Correct.

And, so that would be under our ordinance one fifty seven point zero eight five is the table of allowed uses. And does this use fall within Table of Allowed Uses in a B1?

It does.

And can you just, like, generally, so they know that the code is being applied and followed, can you just generally explain that?

The code was being followed. Like any conditional use that would come before us. There's a process for that notification, you know, that kind of thing, public hearing. So, yes, the code was followed, for this use, which we've done many times over the years for these type of things. And, yeah, I didn't see any issue with that.

Okay. And then, turning to kind of the decision of the PZC, I don't know if you have that in front of you, would have been the letter that you wrote explaining to CELU Commercial Development what that decision was. And there was there were conditions, to, allow, correct? Correct. Do you want to just generally explain I mean, they have the letter, but just for the record's sake what So those conditions

after hearing all the testimony, all the folks and their issues, went through this. The Planning Commission did conditionally approve this. There was a variance that was necessary on one aspect. I believe that was granted about a month ago or so. Final engineering approval of the project, which is very standard for most projects.

Once all that stuff's worked out, then we can clear the project. There was a stipulation from the fire department about a NOxbox for emergency access to what is really a gated facility. It's not just open to everybody. So along with that, there were a couple other restrictions that were conditions placed on the conditional use certificate, that being they would limit the hours of operations from 8AM to 8PM, that there would be storage. And for the record, there was no outdoor storage ever proposed anyway.

So those two stipulations would go on the conditional use certificate for helping out to kind of mitigate maybe some of their concerns.

Okay. I mean, I think that, Mr. Ankavati and the rest of the Board, I think that basically explains, what occurred and then the decision that was reached and what was included in that. I just want to add a couple of things since we're again, we're making a record of this. I don't have any problem with anything that was submitted to the Board by the appellant, but I just wanted to point out that the email that was submitted from it looks like Summit County Jail references 51 reports.

That's not the same thing as 51 crimes. I think the statement was that was 51 crimes. 51 police reports. I see board members shaking their heads, so you know the difference between a report and a crime. I mean, a report could be, I locked my keys in my car, I called law enforcement, and they came out, and they made a report. Or anytime you call law enforcement, they're they're gonna make a report. So that doesn't necessarily mean 51 crimes. But I don't have a problem if they they wanna submit this. The other thing is, and I think the board already knows this, but, you know, they take issue with mister Rector and and Coventry's code and New Franklin's code, which is their right to do, that's not your within your purview. Right?

So this board has to follow, our code, city of green ordinance. And so that's really, I guess, something I just wanted to point out. Let me just review the appeal one more time real quickly. I guess the other thing too, and maybe I should ask Mr. Dottiero this, there was an, opposition to the number of storage units, within a certain, area. Do we have anything like that in our code that would prohibit that?

The code has no restriction on the number of storage unit facilities in the city or the distance from one to another. These are market based decisions by a property owner. They were taken before us and through the process that we've just gone through. So it's up to the property owner really to figure out the feasibility of the project and, move forward.

So, again, this may be something that the residents decide they want to take up with City Council as far as changing the ordinances, but that is not within your authority to do. So thank you. That's all.

No. Thank you very much. That's the frustrating spot of it to some degree is, yeah. What we're here is kind of a very narrow little spot here where they followed. Yeah, did they follow the procedures accordingly. So thank you very much for that presentation. Are there questions from the Board based on Mr. Dutero's presentation? I

do have a question, for you, sir. Just trying to understand the nature conditional approval because if I look at the table, you know, the table clearly states what's allowed by default, and then there's a C if it's conditional, and then there's a whole set of rules that go along with something that if it's conditional. Right. Right?

So the word conditional is kind of being used in two different senses here. The the approval of this project was conditional on the on these three items. So these are very specific items that are conditions that they have to meet before we can clear this project for to move forward. Mhmm. The conditional use is is what's in the table there and that's a separate item. Those are those are uses that are that, you know, have a different process than a permitted use. And, so there's two separate things. Conditionally used, conditionally approved is is two separate things. Conditionally approved are these conditions that they have to meet. Right. So, these are very specific.

And it was a conditional use of the property. It wasn't a standard according to the table.

So, a conditional approval can be granted for anything. I'm sure. Something that's a permitted use could have a bunch of conditions as well.

But, no, I'm saying I'm stating that a storage unit is a conditional use of a B1 property. Yes. And it's conditioned based on all of this criteria that's

here? Right. Correct?

Correct.

Okay. That's part of what we are charged with looking at is whether or not these criteria, the conditional use permit criteria, if there was adherence to that process.

Yes, and if at least they considered it, which is, you know, I think what you were asking earlier.

Right. That's why I was continually asking whether or not the hearing was held and people were there and they had that opportunity. That was one of the reasons. But there's also a point on here that says, If the use is permitted, the public health, safety, and general welfare of the neighborhood in which it is located will be secure. Correct. And so I'm just curious how the city thinks about that particular provision of this conditional use permit code relative to this project.

This project, the storage unit element of this project was looked upon and the words benign and low impact and things like of that nature came out throughout the process from our commission members themselves. So, the thought of this being, you know, overly impactful to the neighborhood, you know, that was, you know, not really an issue because this could have a gas station, this could have retail, this could have a restaurant there, this could have activity that goes on all night, you know, or later into the evening, then this would so the idea that it's I lost between train of thought there. Yeah, so going back with low impact being, you know, a low traffic generator to the area and things like that, so that was considered.

Can I do you mind? I'm sorry. I know what you're asking, and he didn't really answer you. Mr. DiCerro, she's asking you specifically, were there any safety considerations? Do you recall with regards to, the things they were going to do for safety considerations?

I'll give

you an example. Okay. Were they going to install fencing?

Yes, they were.

Okay. What else?

Fencing was going be installed. Like I said, there was going to be somebody at the facility during the hours of operation, which were limited from eight to eight. Surveillance cameras? Surveillance cameras, yes, were part of the project. The proper buffering was also part of the project that goes along with, per our code, you know.

Do we know if any safety studies were done on the nature of storage units similar? I mean, we heard as I heard Ms. Dean share that the 51 reports does not equal 51 crimes. However, do were there any studies or any analysis done on the impact of having storage units in the City Of Green?

Not to my knowledge, no.

Can I add something real quick? There are a lot of

Be sworn in. Oh, sorry.

Right. Your name for the record first.

Sheila Pazeshkopur. I'm the Assistant Planning Director.

Assistant Planning Director. How long have you been Assistant Planning Director?

Six months.

Okay. Thank you. And you swear to affirm and tell the truth in this matter before the Board?

I do. Okay. Thank you. So in terms of studying about crimes, I would just say that based on my experience with studying and researching. There are a lot of variances in a research. Just being a storage unit in a city does not really count as a valid reason for reporting the crimes. So there are we should look at a lot of variants and a lot of components of where the storage units are, what happened, where that storage is located, or the way that it's been designed. So there are a lot of things

No, that I go through understand. I understand. I'm just I'm getting a sense that there was, you know, in terms of, you know, all of these different things that had to be done, that there you know, the one that was standing out to me was, you know, whether or not there was a public hearing and that the residents had an opportunity to show up and speak out. And it sounds like they did, and they continued to speak out. And then there's an obligation, on the city side to say, if use is permitted, the public health, safety, and general welfare of the neighborhood, which it will be located, will be secure.

And so that's why I'm curious, what did the city do given the number of concerns that were expressed by the residents relative to this point f on 157.052, the conditional use permit.

So one of the beauty of the conditional use is the public hearing and just hearing from people. The to be honest with you, the fencing and the surveillance camera and everything else, we have the, architect here. So all of them, they've been added after hearing from the neighbors, and they've been, actively changing the plan to accommodate public view. So that's what we were looking for.

Got you.

Anything additional? Let's finish what we have here. Any additional questions in this direction at all? Just need any on that? No.

Thank you.

Thank you. Yes.

Just one issue that we did find. The storage facility the sheriff had, as you know, has an outpost on South on 619 next to Fire Station 2. There is a storage facility right there. Sheriff deputies can actually look down from their parking lot into the unit. Five criminal break ins in two years and two drug uses there. So just so you know, that actually went on And it's gated. They put higher fencing, and sheriff deputies are right there.

And I guess can

I can

I I just so just full disclosure about Yeah? No,

I hear you, and I want to address I mean, I hear that you're sharing that. And if you notice, the questions that we're asking are really specific to what our job is here, which is to determine whether or not they followed their procedure. Sure. I understand. So I hear I mean, it's very compelling, the things that you're sharing, and it's not that we're as you hear us, like, we're turning our attention to this because the job that we've been asked to do is to determine whether or not the procedures that have been laid out were followed. And hear what you're saying and this is the

Well, and so what what I'm hearing is we're appealing based on issues that have what we're saying has nothing to do with what you're being charged to look And I'm being harsh on saying But that's that

not nothing to do. In terms of this one, this Board was charged with our Board is charged with determining whether or not procedures were followed. And so that's why I'm asking these questions. And then this particular one, we hear a lot of concerns. So that's why we're asking the city, what did they do about this one? And the city is saying, well, they actually encouraged them to change the hours, to add fencing, to add cameras. So they did it looks like they have their response to that particular one around security are those things.

Sure.

So that's Yeah. That's why I'm asking.

Yeah. Understand. As a member of housekeeping, Ms. Lord or Mrs. Lord I probably don't remember her name.

She's called me Lisa.

Lisa. Okay. If in the future, if the the city could come up with more direction on the appeal process, because if I had known how it it better how it worked better, we would have been I wouldn't waste your time. So the city might want to look at what language they have to explain the what this board does and what they'll be charged to look at. It would help folks like us who are rookies and don't know what we don't know.

You honed in really on issues that were focused on the procedure, right? And Ms. Newbert's question really relied to, okay, these things needed to be considered. And because we're hearing those concerns that are expressed by you. Did the city consider those?

Did they take those into account? Did they make some concessions on behalf of the developer to kind of address the concerns? And if it was just something like, no, we're just not here to talk about that, and that's what we're being told happened at an administrative hearing, or that you all didn't get notice, or that, yeah, no, it wasn't open, they just did this internally, then, woah, we have we have a problem procedurally. So this is all very important at this stage, it could be if you continue your battle, both on this particular thing, but then also with regard to the laws as they exist in the city of Greene because ordinances are what we're tied to. And if you see something that's like, wow, it really needed to be changed, then then counsel is the one to approach on that.

Yeah. So that would be the only thing, at least to help me understand what I was dealing with.

May I respond just because especially I happen to know there are people watching from home that are wanting to hear about this. So I just want for the public's sake also, not just the record, but the public's sake also, you know, besides the fact that, mister Wertheimer did a good job of filling out the appeal for application. So obviously, you knew how to do that. And, the hearing was set in accordance with our ordinances, and notice was given in accordance with our ordinances. But our ordinances are also online, so they're available on our website. And so that's really what, and I know that's not helpful right this minute. But so that everybody knows, anybody can go to the website and read what our ordinances say. And what I was instructing the BZA tonight is online. Is yeah, this is online. Exactly.

Thank you. Thank you, sir.

Thank you so much.

Further considerations. But we don't do this often. We take this as a motion and ultimately would, at this point, open the floor for a motion. There has been presentation, there's argument, there's an appeal then before us, much like a request to have a variance granted. There's a request for us to overturn a board's decision.

So I would put it in that fashion that there was a and if one wishes to make a motion, it would be laid out that it would make a motion to approve the appeal or to grant the appeal for the reasons, and then it would state that if there is. It's a little different than we normally do, but that's what I would like to hear on the basis of any kind of motion made by a member, which I think we're at a spot this evening to go ahead and do that. So I would open the floor without further discussion for any motions.

Any This chair, I'm not hearing anything. I don't want

to step aside improperly, but if usually when I'm in a spot like this, I will make a motion. I will make a motion and I will put that out onto the floor as chair that we move to approve. We don't move to deny. We have to we move to approve. And so here is a motion that I will float before the Board to approve the appeal request as presented in BZA twenty twenty six-zero, numbers right?

Six. Is that right? Six. So there's a matter before us, BCA twenty twenty six sorry, BCA twenty twenty six, that is right, of six, which is an appeal of a lower agency's decision of an appeal of the Planning and Zoning Commission. So I've got a motion out there to approve that appeal, to grant that appeal. Is there a second to that motion? Second. There is second to that motion?

Yes.

Okay. So my motion has been seconded that will bring it to the floor. So a motion been made then to approve the appeal and to reverse the city's decision at this juncture. So if you would then call roll on that motion.

Mr. Ankurvati? Yes. Ms. Newberg? Yes. Mr. Awadala? Yes. Mr. Schultz? No.

So that has been turned around, three to one. All right? So we'll go back to the Planning and Zoning Commission, I guess, is what would happen. Anything else for the good of the order this evening? We have minutes circulated from our last. We do have some other business to attend to this evening. We have minutes circulated from our last. And our last hearing was and I'm losing those

March 19.

March 19.

Was it March 19? We are absolutely into April. Wow. Thursday, 03/19/2026. There are minutes circulated in advance of this meeting. I understand all the Board members had a chance to review those minutes. If you need additional time at this juncture to review the minutes, please let me know. Otherwise, I would take a motion either to approve as submitted or entertain any changes.

Motion to approve as submitted.

Second to that? Second that. All right. All in favor? Aye. Any opposed? All right. We will adopt. Nice job on the minutes. Anything else for the good of the order? Here's something for the good of the order. Is there a meeting in May? Yes. I will not be here in May.

Okay. What date?

What's the date of it's probably, what, the The twenty twenty first. Will definitely not be here in Okay. Maybe not June. So we'll let Mr. Spate was Oh, that's right. Yes. Got me. You got her off the hook. Mr. Spate was voted Vice Chair, I'll reach out to him, but please make sure that we have quorum for our next meeting in May. I may be gone for the next two. Anything else for the good of the order this evening? Thank you, everybody, for their presentations. And we will stand adjourned at 07:36. Thank you.