Granville Community Calendar

BZBA Minutes 5/25/1995

BOARD OF ZONING AND BUILDING APPEALS

May 25, 1995

Present: Dan Bellman, Ashlin Caravana, Lon Herman, Gilbert

Krone, Eric Stewart

Also Present: Doug Tailford, Village Planner

Visitors: Brian Lindamood (Sentinel),Kim Zeune (Zeune

Construction &Development),Cindy Schumaker (Petroleum Ltd.),

Pat Scarpitti, W. L. Lavender, Mary Kay Roberts, Ed &Kay Vance,

Dave Woerner, Dave &Joanne Woodyard, Eloise DeZwarte, Mary

Fellabaum, Jim Jump, Jim Muir, Kevin Bennett, Dave Tumbas, Jurgen

Pape, Frank Edie, Sam Mackenzie- Crone, Ode Keiderling, Janice

Thornborough, Arnold Eisenberg

Minutes: October 27, 1994. Dan Bellman was absent from the

meeting; otherwise, Mr. Krone moved to approve minutes as

presented. Mr. Stewart seconded, and MINUTES WERE UNANIMOUSLY

APPROVED.

Citizen Comments: None

New Business:

Mr. Zeune and Ms. Schumaker, Marathon, Cherry Valley Road

Mr. Zeune and Ms. Schumaker were present to request a

conditional use permit and variance for their proposed gas

station/ convenience store with drive-in and upscale deli/car wash

next door to Wendy’s. Following Granville Planning Commission

advice, they have redesigned the business so that a setback

variance will not be needed. Ms A Schumaker said that this is a

unique design, for the usual style of Marathon station is not

appropriate for Granville and that they have simplified the

traffic pattern and added green space. GPC also had requested

moving the store to delete the mass of asphalt, but Mr. Zeune

said the traffic flow would not work any other way.

Mr. Zeune explained that the traffic study concluded that

very little traffic would be added because using Galway Drive a well-maintained exit would not add as section. substantially to the inter- In fact, the traffic flow will be improved over what is at Wendy' s now. He explained the difference between primary trips and passerby trips in the Clyde E. Williams traffic study, and much discussion ensued about the amount of traffic generated, especially during the noon hour. Mr. Tailford answered questions about proposed turn lanes and driveways and talked about the extensive Bird and Bull traffic study. Mr. Bellman felt we have

caomprpoobulnedm at the intersection now and that a gas station would the difficulty. The applicants answered questions from the members and the citizens.

The applicants have not yet applied to the state for an

alcohol permit but they may consider it later.

The store would be open 6 a. m. to midnight.

Diesel would be available at the last pump, at the request

of the GPC. The station would not be accessible to large trucks,

although the fuel delivery truck would come every other day.

Dr. Scarpitti, who has a medical practice across Cherry

Valley Road, was concerned about the difficulty of getting to

Westgate Drive and making left turns, which is already a problem

and a dangerous situation. Both sides of the road must be considered.

He wanted to see a traffic pattern explained. His

elderly patients don' t need this extra headache; also, he needs

to be able to get to the hospital quickly for emergencies rather

than extensive waiting for traffic and lights. He was also

concerned about who would pay for improvements in the area. Mr.

Zeune explained that they have planned for stacking up of cars

across the street and this should not be a problem for Westgate

Drive. Local people will not be making left-hand turns out of

Wendy' s and Marathon.

Mr. Vance questioned the traffic study' s accuracy, feeling

the study was too limited. He figured that one car per minute

would be coming to the pumps alone, not to mention other customers.

He cited other pollution sources, overcrowding, and impact

on village facilities and services. It is important for BZBA to

consider all the criteria carefully in making their decision. In

addition to merely not being detrimental, a proposed use must

also be compatible. He did not feel people could be told not to

make a left turn on Cherry Valley Road. Mr. Tailford said that

this study was only on Marathon's possible impact on the area and

what they needed to provide. The earlier study was a long-term plan. A piecemeal study is the only way to do it unless the

village pays for the entire area up front before other businesses

apply and pay for their share.

Mr. Bellman stated that the area is zoned for business and

BZBA can determine what kind of a business would be acceptable.

A professional office would have substantially less traffic.

Mr. Muir, a realtor/ appraiser, feels the site is too small

for a gas station and a gas station should be on a corner lot. He felt the planning lock is too dense and that there would be grid- at the carwash. Ms. Schumaker was willing to make changes banlodckth. at she knew of some other gas stations in the middle of the Ms. Thornborough wondered whether a Marathon station was nineetedresdecwtiitohn.a possible SuperAmerica on the other side of the Mr. Tumbas asked about impact on NewarkG- ranville Road of added traffic at the intersection. Ms. Woodyard stated that it s very difficult to exit Wendy' s now and another high- traffic business would make it chaotic. Ms. Roberts, a longtime resident of the neighborhood, complained of the added traffic now and was apprehensive of additional traffic. Mr. Pape stated that people do not want a gas station there.

Granville and Newark have sufficient gas available as well as car wash places. Ms. Muir stated problems with added trucks, more debris. Mr. Edie from Clouse Lane added that there is no need for a place like this and and cited traffic woes when and if Fackler' s puts in a bar. Mr. Keiderling cited air and water pollution, light pollution, odors, gas and oil recovery, and possible environmental damage. Ms. Schumaker assured the group that she will use the latest modern technology to process waste materials and prevent pollution.

Dr. Woodyard provided some negative historical background

for Marathon' s "sordid" treatment of Don Bennett and lack

of keeping promises. Ms. Schumaker stated that she is a Marathon

jobber and the company does not control her. She can buy gas

from them and use their credit card but she is independent from

them.

Ms. Fellabaum stated that in order to keep downtown Granville

business viable, a convenience store is not desired at the

intersection.

Ms. Caravana brought the discussion to a conclusion and

requested the applicants to apply the proposal to the criteria

for a conditional use:

1) The proposed use is a conditional use within the zoning

district and the applicable development standards of this Zoning

Ordinance are met. The village attorney has determined that a

gas station or fast food restaurant-traffic-oriented

business is acceptable. The car wash is in use and

acceptable under the ordinance.

2) The proposed use is in accordance with appropriate plans

for the area and is compatible with existing land use. Ms.

Schumaker said that her study indicates a need for such a use. All neighboring uses are commercial.

3) The proposed use will not create an undue burden on public facilities and services, such as streets, utilities, schools, and refuse disposal. Ms. Schumaker feels that it will

not place undue burden on village facilities. The car wash is

relatively quiet, she reported, and they will meet the village lighting guidelines. The dumpster will be well maintained, and

sewer and water facilities are available.

3

4) The proposed use will not be detrimental or disturbing

to existing neighboring uses and will not entail a use, structure,

or condition of operation that constitutes a nuisance or

hazard to any persons or property. Although Ms. Schumaker felt

her application fulfilled this condition, others disagreed. Mr.

Stewart said that there are enough gas stations in the vicinity

already. Also, nuisance of traffic and noise are a major concern

with rapidly growing adjacent residential areas. Extra traffic

generates safety problems. Mr. Krone felt that all who spoke

here tonight had legitimate concerns but that he would like to

have seen both traffic studies and to have invited the author of

the studies to explain them to this group so that we can better

envision what the impact might be, rather than considering this

application piecemeal. It would seem that Marathon would be

creating a significant traffic burden and adding to the problems

of traffic flow there. Marathon needs to provide more traffic

analysis to justify their traffic plan. He felt that in fairness

to the applicant, more data is necessary, but a majority of BZBA

members chose to vote at this time.

Ms. Caravana thanked the audience for attending and speaking

and encouraged people to appear in the future.

Adjournment: 9: 10 p. m.

Next Meeting: June 22, 1995

MR. BELLMAN MOVED TO APPROVE THE APPLICATION

AND MR. STEWART SECONDED. THE CHAIR INFORMED

THE APPLICANTS THAT THEY MAY WITHDRAW AT THIS

POINT BEFORE A VOTE, WHICH APPEARS NEGATIVE,

OR THEY COULD APPEAL IF THEY WISHED. THEY

CHOSE TO HEAR THE OUTCOME. THE VOTE WAS

UNANIMOUSLY AGAINST THE APPLICATION AS

PRESENTED.

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