Recordpub.com - Sheetz variances debated; Kent zoning panel weighs final action

By Matt Fredmonsky
Record-Courier staff writer
West River Neighborhood residents made one last push Monday to change a proposed Sheetz gas station layout planned for the corner of North Mantua Street and Fairchild Avenue in Kent.
Sheetz lawyers and design engineers also pleaded their case in requesting four variances from the Kent Board of Zoning Appeals in order to permit additional signs and the convenience store's proximity to an alley on the property's western border.
Combined with a full agenda, the result was a meeting that lasted well into the night and continued beyond the Record-Courier's publishing deadline.
The vote on the four variances by the zoning board members occurred after the newspaper's publishing deadline. For complete coverage, visit online at www.RecordPub.com today or see Wednesday's edition of the Record-Courier.
Stephen Funk, an attorney for Sheetz, argued the city's strict interpretation of the zoning code's definition of an alleyway resulted in determining the project site has three front yards, which have stricter set back requirements than front or side yards. He also said allowing the placement of signs on the gas pump canopies would allow for greater identification of the operation.
"We do have competitors who have red awnings," Funk said. "And we want to make sure we are distinguishing ourselves from that. But the key thing is we want it to be visible with motorists coming from the north ... otherwise you're going to have a situation where people are making a last-minute decision."
Many residents took issue with the variance requests and argued Sheetz imposed the need for variances upon itself by creating a site plan too large for the actual lot.
Elizabeth Culotta told members of the zoning board, according to the city's code, they must find exceptional or extraordinary circumstances to warrant granting variances.
"We have heard about three front yards," she said. "We would argue that is not really an extraordinary circumstance ... and it is also one that is self-created because it happens when you consolidate lots. Sheetz could simply create a smaller project."
Residents also attempted to propose an alternate site plan despite the plan already gaining approval from the Kent Planning Commission. Funk also explained to the audience why Sheetz did not consider an alternate site plan in which the pumps and convenience store were rotated on the lot.
Sheetz representatives sought four variances to permit the construction of the six-pump, 5,000 square-foot convenience store. The variance requests included: Allowing a total of four signs, with two on the building and two on the pump canopy facing both streets; a three-foot variance from the one-foot maximum for a building sign to project beyond the building face; a 16-foot variance from the 30-foot minimum front yard setback to allow the store to be built 13.7 feet from the western front property line; and a two-foot variance from the four-foot maximum fence height to allow a six-foot fence along the alleyway on the western edge.

1.	Posted by starttyrant October 21, 2008
	Great. Let's get it approved and built. I'm sure there will be some hand wringing and 'sticking it to the man' by Frankhouser and Co. but council needs to pass this promptly. That entire block is an absolute dump and needs to be razed. Let's not quibble about being marginally more pedestrian friendly when Sheets is preparing to spend an "exceptional or extraordinary" number or dollars to develop business and pay taxes in Kent. It would be so typical of Kent to second guess and 'yes but' this deal until Sheets walks away and builds in Brinfield, Stow, Streetsboro, Ravenna or Rootstown. Sound familiar?