BZA Ho Mita Koda October 16, 2012

The Newbury Township Board of Zoning Appeals public hearing was called to order by Mr. Ray Fidel, Chairman at 8:30 p.m. on October 16, 2012 with Board members, Mary Lee Brezina, Bill Skomrock, Sr., and alternates Ken Blair and Lou Tomsic Jr. present.  Ms. Endres  presented photos for board review. All in attendance who wished to speak at this hearing were duly sworn and asked when testifying to state their name and confirm being sworn in. Mr. Fidel read the area variance request:


Tina Milano, agent for Diabetes Partnership of Cleveland, requests an area variance to construct a 5250 sq. ft. activity pavilion on the 72.31 acre Camp Ho Mita Koda located at 14040 Auburn Rd. in the R-1 district (vs, Art. XIV, Sec. 14.04 B,C,D & F extension of non-conforming uses). 


Mr. Fidel asked Ms. Milano to present her case.  She said she was the interim CEO and President of the Diabetes Partnership and asked Mr. Ward Dumm trustee to make the presentation.  He offered that the camp name Ho Mita Koda meant “welcome my friends” in the Sioux language. On the screen he pointed out the current old steel beam, high roofed activity building with the view of the tennis courts and fencing in the rear.  Nearby is a 2 car garage that needs repair.  After much discussion concerning the required repairs the camp trustees proposed to replace the pavilion and garage on the same footprint with a structure that will better serve the current needs.  He presented the large-scale drawings for the proposed pavilion with a lower roof profile (40 ft down to 28 ft.) enclosing garages, storage areas and 2 new bathroom facilities.  The overhead garage doors would provide better air flow when open and protection from the bad weather when  closed.  They prefer steel roofing but finance limitations may require shingles. 


Mr. Fidel asked the board for questions or comments.  Mr. Tomsic asked whether there were bathrooms in the present pavilion – Mr. Dumm answered no but two new bathrooms (boys & girls) would tie into the existing sewer plant without any usage increase.  They plan to scrap out older equipment and consolidate storage in the new building.  On rainy days the old pavilion was not big enough and no – the new building is not large enough for indoor basketball.  Mr. Tomsic asked about the age of the old building.  Mr. Dumm said Lincoln Electric had donated the structure that was rebuilt on site many years ago.


At this time Mr. Fidel acknowledged latecomer visitors and asked that they be duly sworn in if they intended to speak – which was done.


Mr. Skomrock Sr. said he saw no problem with the pavilion replacement on the same footprint and complimented Mr. Dumm on his presentation of this well-thought-out improvement. Ms. Brezina said she liked the new design incorporating new bathrooms for the kids, storage, doors for all-weather usability and lower lighting to reduce neighborhood glare. Mr. Tomsic agreed the new structure provides better all-around utility. Mr. Blair agreed the new pavilion would improve the area with better design usage.


Mr. Fidel opened the hearing for questions and comments from the audience.  Mr. Schuette, northern neighbor on Auburn Rd, said he had no objection as the replacement pavilion used the same footprint.  Mr. Dumm pointed out that there would be less sq. ft. coverage on the same pad.  Mr. Proudfit, a new lot owner on Fairmount Rd, asked about the septic system.  Mr. Dumm said the same kids would either use the new or old bathrooms so there is no usage increase, the plant is inspected every five years and remains well within its capacity.  Ms. Kachele who lives on Fairmount Rd. said she hears the noise of the operating septic system but does not notice any smell.  Mr. Dumm said he would investigate if the noise could be reduced.  Discussion continued regarding the septic system, the discharge location and subsequent treatments.


Ms. Endres asked about any new outdoor lights.  Mr. Dumm said there would be none facing Auburn Rd, but there would be one interior safety light.


There being no more questions, Mr. Fidel called for a motion stating that a yes vote would grant the area variance as requested.


Mary Lee Brezina moved to approve the Area Variance as requested; Lou Tomsic Jr. seconded the motion that passed by unanimous vote. 



            Ken Blair                                                         yes

Bill Skomrock, Sr.                                           yes

Lou Tomsic, Jr.                                               yes

Mary Lee Brezina                                           yes

Ray Fidel                                                        yes


Mr. Fidel read to the Appellant and audience, “Within 30 days after service of the minutes granting your request, if someone wishes to challenge this decision through the court, he or she may. The challenge could reverse or negate our decision. Mr. Fidel informed the Appellant and the audience that the 30-day period commences with the Appellants’ signing receipt of the signed minutes.  They will be mailed registered return receipt to the Appellant.  All persons receiving notice of the hearing will receive copies of the minutes.  At the time you receive your permit you must also comply with all other requirements of Newbury Township zoning”.


Mr. Fidel adjourned the BZA hearing at 8:50 p.m.  As the applicants left, Board members wished them good luck. 


The board established the Findings of Fact:


1)      The lot could yield a reasonable return without the variance however the camp needs to replace the old pavilion/garages on the same footprint.

2)      The variance is not substantial as it is for a replacement building on a very large lot.

3)      The essential character of the neighborhood would not be altered nor would adjoining properties suffer substantial detriment as a result of this variance.

4)      The variance would not adversely affect the delivery of government services.

5)      The lot owner purchased the property prior to any zoning restrictions.

6)      The owner’s predicament could not feasibly be obviated without this variance.

7)      The spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance for a replacement structure with all-weather, storage and bathroom usability. The neighbors in attendance had their questions/concerns answered and had no objections to this variance. 

Mr. Fidel adjourned the meeting at 9:00.


Marge Hrabak Secretary                    






Signatures of the Newbury Board of Zoning Appeals:




Ray Fidel, Chairman



_________________________                                              ____________________________

Mary Lee Brezina, V. Chairman                                             Bill Skomrock, Sr.



_________________________                                              _________________________

Ken Blair, Alt.                                                                        Lou Tomsic, Jr. Alt.



_________________________                                              _________________________

Date:                                                                                       Marge Hrabak, Sec’y  BZA