Towing Company Owner Unsure if He Will Appeal Zoning Vote
Kent zoning board denies Baker's Towing request for a substitution of a non-conforming use certificate for Lake Street property
Baker's Towing & Auto Repair cannot operate at its existing location on Lake Street, according to the Kent Board of Zoning Appeals.
The zoning board voted unanimously Monday to deny a substitution of a non-conforming use certificate requested by the business owner, Aubrey Baker, in order to officially relocate to 634 Lake St. The business made the move without approval from the city earlier this summer and has been running for several months.
Baker has 30 days to appeal the zoning board's vote in Portage County Common Pleas Court.
When asked of his plans moving forward, Baker said after the meeting he was unsure if he would appeal the zoning board's decision.
"I don't have a clue," Baker said.
The city has already issued a civil infraction warning against Baker's Towing for operating at the site without permission.
Heather Phile, development planner for the city of Kent, said the city will stay enforcement of fines or citations against Baker during the 30-day appeal period — the same practice upheld while Baker applied for the non-conforming use certificate.
"If they appeal, then we have to wait until it's done in court" to take enforcement action, she said.
The zoning board's vote was two months in the making, as Monday's decision came as part of the reconvening of the board's June 18 meeting, which included hours of testimony from both supporters and opponents of Baker's plans.
A big crowd again packed the meeting room at city hall, but this time no public comment was allowed. Instead, Baker's attorney, Thomas Reitz, was allowed a closing statement before the zoning board discussed and voted on the request.
Members of the zoning board were careful to articulate their reasoning in rejecting the request for the substitution of a non-conforming use certificate. The property has a non-conforming use certificate that permitted a wholesale and distributing use despite the property being zoned R-3 for multi-family residential.
In making their decision, the zoning board members had two primary considerations. Would the new use be similar in character to the previous non-conforming use; and would the new use not be any more intrusive to the neighborhood than the previous non-conforming use.
"The requested change is going to be more intrusive to the neighborhood than what is currently there," zoning board member Paul Sellman said. "The proposed use is not similar in character to what’s already there, and I think it would be more intrusive to what’s already there."
Zoning board member Steve Balazs said Baker's proposal to do auto repair and towing out of the building was in no way similar to the previous use.
"That property to my knowledge has never been used in that manner," he said. "Moving in the direction of what’s proposed definitely in my opinion is of substantial detriment to the public."
The towing company was forced to move from its location at 667 Lake St. as part of the demolition of the former Gougler Plant.
Brian
8:54 am on Tuesday, August 21, 2012
This is unfortunate given how Baker has improved the appearance of the property.
Damon Iskennari
9:53 am on Tuesday, August 21, 2012
You've got to be kidding me. Two flower pots an improvement does not make.
Molly
10:25 am on Tuesday, August 21, 2012
That's 2 flower pots more then what was there before. Improvement is improvement, no matter how big or small. Funny how no one cared about the building and how it looked before all this.
Joseph Hughes
9:02 am on Tuesday, August 21, 2012
This is not unfortunate. A towing company has no business operating in a residential neighborhood. We forget decades of sound city planning best practices at our own peril when we just let any kind of business operate wherever it wants. There's a place for a towing company in Kent, but it's not in a neighborhood. This should be obvious.
Papa Harley
12:23 pm on Tuesday, August 21, 2012
SCREW KENT!!!!..........move to friendly Stow! Kent doesn't need your taxes!
Joseph Hughes
12:28 pm on Tuesday, August 21, 2012
Haha! Yeah, right. If Kent and KSU wasn't around, Stow would be a one-stoplight town. Without Handel's and Swenson's, nobody would ever have a reason to visit Stow, let alone stop through there on the way out of town.
Molly
1:04 pm on Tuesday, August 21, 2012
And once again, someone who missed the point completely.
Joseph Hughes
1:07 pm on Tuesday, August 21, 2012
Molly, I understand you're a tow truck aficionado, but you'll have to settle for a nice residential neighborhood and this business being in two different places.
Molly
1:59 pm on Tuesday, August 21, 2012
Well, I appreciate that you recognize my aficionado of tow trucks (I figured it would be nice to have someone on here that knows something about how that type of business works)
As far as me "having to settle" I guess that depends on if Bakers is going to court or not. As I stated in another comment already, at this point, I wouldn't want to be associated with that neighborhood now if I was Bakers, after seeing all the comments made by them during this process.
Chris (Kit) Myers
1:18 pm on Tuesday, August 21, 2012
Molly, if there was something wrong with the looks of the building or its premises, what did the City say when you called or wrote to them about it?
Molly
1:52 pm on Tuesday, August 21, 2012
@Chris: So now I am suppose to call every time I drive by a run down building? It's the fact that the neighbors all seem to care NOW about their property value, but nothing was done before about it. Seriously, your comment makes no sense.
Chris (Kit) Myers
2:26 pm on Tuesday, August 21, 2012
Well, Molly, since you must have been so mentally distraught about the condition of the building that you now find what has been done to it to be so praiseworthy, I thought, obviously mistakenly, that you would have contacted the appropriate authorities to get the situation reconciled.
Regarding your second point: It was not the condition of the building, but the fact that someone tried to move into it for a use for which it is not zoned, that brought the neighbors out in force.
Molly
2:44 pm on Tuesday, August 21, 2012
@Chris: You are impossible... instead of repeating myself 100 times trying to get you to understand my point, just read my comments again. They are stated very clearly, but first, try taking your blinders off...that may help you understand.
Where, in any comment I made, did you ever get that I am "so mentally distraught about the condition of the building"? I am talking about the people who live in the neighborhood and some of their arguments made in this matter about the property value. It's like you aren't even reading what I am posting, so you might as well stop replying to them. How incredibly annoying.
Chris (Kit) Myers
3:19 pm on Tuesday, August 21, 2012
Perhaps you don't care what's next to you or moves in next to you, but most people do. If you don't live in a neighborhood zoned for it, why don't you try moving a towing and auto repair company onto your property and see what the neighbors think. I would be very suprised if they didn't mind, but I could be mistaken. Perhaps they think as you do.
Sorry you feel incredibly annoyed.
Molly
6:11 pm on Tuesday, August 21, 2012
I am not saying that you shouldn't care about what is next to your homes, what I did say, over and over again, is that it was pretty selfish to not even give Bakers a chance. Try to work on a compromise due to the situation HE was put in by having to find a place on such short notice. (It's not like he just moved to the area and has never contributed to the community) To think about someone else instead of yourself. He was willing to work with the neighbors and not one of you even gave him a chance. You just assumed whatever you wanted.
Also, if I may point out, how terribly childish, to hang up a banner to say thank you to the neighbors. I think Bakers has been through enough, and I am SURE that everyone knows the outcome of the voting. All that banner does is make the people in that neighborhood look completely heartless. If someone wants to see that, they can read the comments left by some of them on here. You should be so proud~ I know you love your neighbors and your precious hood, but I would be embarrassed by that display. Guess that's the point now isn't it.
Joseph Hughes
8:13 pm on Tuesday, August 21, 2012
Molly, your circular argument style is tiresome. I understand you didn't get your way, but you have a misguided sense of what compromise means. What is a compromise about the company relocating to this property - illegally - and operating as-is even though a great many people in that neighborhood didn't want such a wrongful zoning violation to persist? Why must it be up to the residents of that neighborhood to bail out the company when they had short notice?
You are one of the very few people who fail to see how cut and dried this case is. It was a violation of the zoning laws and to change the laws would have run counter to every sense of sound city planning and growth. There are plenty of places in town for a company like Baker. Have you selflessly offered your property yet? If not, why won't you compromise and let them use your land?
Molly
1:18 pm on Wednesday, August 22, 2012
@joseph: If I had property to offer, I would. It's not cut & dry. There was a chance that zoning could have been changed, if not, then why even have a vote? There wouldn't even be such a thing as a non-conforming use certificate.
You say I have a misguided sense of compromise because no one gave Bakers a chance? How exactly is that misguided. You may feel that a neighborhood isn't responsible for bailing out a company that has been serving that community for many years, well I disagree! You are all selfish. That is my opinion.
Teresa K.
6:57 pm on Tuesday, August 21, 2012
@Molly: It's my sign.
Is it childish to say "thank you" to people for caring? I don't think so.
William B Budner ESQ.
7:14 pm on Tuesday, August 21, 2012
tacky.
Molly
12:50 pm on Wednesday, August 22, 2012
Yes, TACKY is a much more appropriate word
Traci Monroe
2:51 pm on Wednesday, August 22, 2012
Not TACKY at all, nor childish.
Molly
3:10 pm on Wednesday, August 22, 2012
Tact: a sense of what is appropriate and tasteful.
Tacky: In bad taste.
Childish: marked by or suggestive of immaturity and lack of poise.
Stace J Schumann
9:21 pm on Tuesday, August 21, 2012
our grand parents. and great grand parents... would be ashamed of us for acting like this. no respect anymore, theres no true neighbor.. the true neighbor was the small mechanic that fixed our cars in the neighborhood and always did it with
a smile and grandma would pay him in money and baked goods as he kept watch on our homes when we left on vacation, the neighbor was the children down the street that sold lemonaide for 25c a cup and everyone gathered those young and old. the true neighbor stood beside and welcomed the man who sold fruits and such from his garden..when we all left our doors open at night. the true neighbor was that mom and pop corner store RIGHT IN THE MIDDLE OF THE DAMN NEIGHBORHOOD... you have all become so acustom to seeing nothing but dispair and violence and sorrow in the news and on tv.. if you dont have something or someone to complain about or get yourself noticed.. your self worth would be ruined.... BE A NEIGHBOR. and quit being mad at bakers it's not his fault DORTHY dropped a house on your sister!!
Teresa K.
2:10 pm on Wednesday, August 22, 2012
@stace: with all due respect: times have changed. I don't know one person who leaves their doors open at night.
It was the grand parents and great grand parents you speak of- who lived the life you described- that started the zoning codes. They were the ones who realized the need for separation of business and residential properties.
Stace J Schumann
3:09 pm on Wednesday, August 22, 2012
@ teresa with all due respect also.. coming to a happy medium for instance would have been commendable on all parties involved. not only would it have shown a respect for each other in a professional manner, i am sure it would have been meaningful to mr baker to receive you all in a warmer atmosphere..i understand all parties have quirks and disagreements.. i am also a little confused as to this property. i remember things being worked on in that garage.. and not to point fingers but i believe the chemicals and solvents used in a body shop ( 100 ft away on the same side of the road in a residential area) are more of a risk that everyday motor oils and lubricants they sell over the counter at wal-mart.although i am a professional towing and recovery co owner. with my family having owned a business in kent (Schumann's Fly Fish Kit Co)..since 1934..and family being buried in the standing rock cemetery.. i had better mention my ties with kent. i do not want anyone to mistake me for an outsider not familiar with the area.. i just feel this could have taken better avenues. than to bicker so.. have a good evening..
DuckTapeMan
9:23 pm on Tuesday, August 21, 2012
I wish they granted Mr. Baker a variance to operate and auto repair shop, now I can't wait to see the semi trucks with 53 foot trailers pulling into 638 lake st since it still has wholesale and distribution variance! What do you think wholesale and distribution means? Kent might have business sort of like House of LaRose. I am sure the college students will like picking up their kegs of beer there instead of driving to Brecksville. Awesome a bunch of beer trucks parked out side a building full of beer!
Chris (Kit) Myers
9:44 pm on Tuesday, August 21, 2012
Instead of wishing things upon the neighborhood that you would obviously not want in yours, why don't you run for the zoning board when the next vacancy comes up?
Teresa K.
10:55 pm on Tuesday, August 21, 2012
duck: dont give too much info away. please leave some surprises for us. ( an impound lot in our backyard wasn't surprising enough. )
you are correct though. the building is wholesale and distributing.... not industrial / auto repair / towing zoned.
Resident of Kent
7:21 am on Wednesday, August 22, 2012
- You can't get a 53 or even a 48 FT Tractor-trailer onto the premises...
If anything, a 28 ft. box truck (single axle I presume).
From: X-trucker
Molly
2:41 pm on Wednesday, August 22, 2012
The neighborhood of assumptions!
Chris, you say because he posted about a distributing company moving in there, he wouldn't like it in his backyard. ASSUMPTION! Nowhere in that post does he state he wouldn't approve of it in his neighborhood.
Teresa, an impound yard in your backyard? REALLY? Bakers is paying someone at another location to keep his impounded cars. Just because people who work there park their cars in the parking lot, and a few cars they are working on are there, does not an impound lot make. ASSUMPTION!
~Assumption: a proposition that is taken for granted, as if it were true based upon presupposition without preponderance of the facts.
~Fact: something that actually exists.
Joseph Hughes
2:46 pm on Wednesday, August 22, 2012
Molly: Fan of tow trucks, lover of capital letters.
Molly
3:30 pm on Wednesday, August 22, 2012
@Joesph: is there a law against CAPITAL LETTERS?
My comments are based on the comments of others made here by the "neighbors" (which are mostly assumptions) I know what it is zoned for and blah blah blah...all I stated is that zoning can be changed. You people act like it wasn't even an option to be able to get zoning changed. It's rather comical how people have such strong opinions without knowing the facts.
At least your last comment was based on facts.
Kudos! or should I say KUDOS! I LOVE CAPITAL LETTERS (and tow trucks) ;)
DuckTapeMan
9:57 pm on Tuesday, August 21, 2012
Are you argeeing with the board that a auto repair business is more intrusive to the neighborhood than a wholesale and distribution business which the property already has the variance for? I just gave an example of wholesale and distribution and from reading your comment you don't approve of it yet it is legal to operate there. Go to House of LaRose's website it clearly states they are a wholesale and distribution company.
Chris (Kit) Myers
10:54 pm on Tuesday, August 21, 2012
No, I said that YOU obviously wouldn't want in YOUR neighborhood a bunch of beer trucks parked outside a building full of beer with college kids picking up their kegs.
If zoning allows a House of LaRose warehousing operation at that address on Lake Street it can go there. If zoning allows for a House of LaRose warehouse next to me on Vine Street it can go next to me.
You can read the board's justification for not granting the variance in the above article. i see no purpose in my quoting it here. It is really quite self-explanatory.
Chris (Kit) Myers
3:28 pm on Wednesday, August 22, 2012
Stace! I bought a lot of flies from Mr. Schumann in the late 40's and 50's. I knew JoAnn by sight. She was a few years older and I am sure didn't know who I was. They lived on Woodard which was on my paper route. I am glad to know that there is still a Schumann in town. Haven't thought of Mr. Schumann or JoAnn in years.
Stace J Schumann
4:11 pm on Wednesday, August 22, 2012
well chris .joann has passed a few yrs ago.. bill has passed also.. my aunt tamara lives in alliance and mother sally lives in rootstown which were both robert and gloria's daughters (my grandparents) i am currently in ravenna twp. and have a well known and professional towing and recovery service along with the auto service and AAA provider we handle the county.and are based out of the rootstown/ravenna/kent area.. it is a pleasure to see someone than remembers the Schumann name..a well respected name in a community that such deserves one is paramount.. it was a pleasure to have spoken to you chris.
Chris (Kit) Myers
4:43 pm on Wednesday, August 22, 2012
Indeed it was, Stace. Lots of good memories of good people.