BZA July 20, 2010 Gorchakov

The Newbury Township Board of Zoning Appeals public hearing was called to order by Mr. Ray Fidel, Chairman, at 7:30 p.m. on July 20, 2010 with Board members, Mary Lee Brezina, Bill Skomrock,Sr., Tezeon Wong and Ken Blair present.

All in attendance for this hearing were duly sworn and asked when testifying to state their name and confirm being sworn in. Ray Fidel read the applicants request:

Victor Gorchakov, lessee dba Victory Auto Express Inc., requests a conditional use permit for a vehicle sales & leasing business at 10635 Kinsman Rd. in the B-1 Commercial District) per Art. VI, Sec. 6.04 K) that requires Board of Zoning Appeals approval.

Greg Treibatch of Rita Auto Sales introduced Victor Gorchakov as a new partner/lessee at his used auto sales location to replace a former partner who left in May.

Mr. Fidel acknowledged a previous Conditional Use Permit was granted 06/24/08 with 2 conditions:

1)      Up to 30 cars will be allowed on the lot,

2)      All cars must be parked behind the gate at the 75-foot setback.


Mr. Treibatch said he has complied with these conditions and usually has about 20 cars on the lot.


Mr. Fidel asked if any repairs would be made on the lot.  Mr. Treibatch said he now gets newer, cleaner cars ready for resale that need no repairs.  Discussion continued regarding days (Mon thru Fri) and hours (8am-4pm) of operation –shared by the partners, no night hours and by appointment as needed.  The same name plate sign will be used – OK per Karen Endres.


Mr. Gorchakov said he was in process of getting his Ohio State Auto Dealers License.  Mr. Fidel reminded him that this Conditional Use Permit would be granted to him alone, not to be sold or transferred to any new partner at this location.  Mr. Treibatch agreed that the same 6/24/08 conditions would apply to this new Conditional Use Permit.


Mr. Fidel then informed the applicant of the standard rules for a CU permit as listed in Art X & XII:

1)      The permit would be for a five year terms with reapplication thereafter,

2)      The permit would be reviewed yearly by the BZA,

3)      The permit could be cancelled anytime for condition violations.


Mr. Fidel reminded Mr. Gorchakov that banners and/or spotlights were not permitted.   Mr. Gorchakov agreed to abide by the stated conditions.  Ms. Endres said she had experienced no problems on this lot.


Mr. Fidel asked the board for additional comments or questions.  There being no more questions, Mr. Fidel called for a motion stating that a yes vote would grant the conditional use permit.

Tezeon Wong moved to grant the Conditional Use Permit to Mr. Gorchakov as requested continuing the 6/24/08 conditions: 1) Up to 30 cars will be allowed on the lot, 2) All cars must be parked behind the gate at the 75-foot setback.

Ken Blair seconded the motion.

                Mary Lee Brezina                                                             yes

                Tezeon Wong                                                                    yes

                Bill Skomrock, Sr.                                                             yes

                Ray Fidel                                                                             yes

                Ken Blair                                                                              yes


Mr. Fidel informed the applicant his conditional use permit was granted.


Mr. Fidel read to the Appellant and audience, “Based on the decision of the Board, you may proceed with obtaining your permit, once all requirements regarding this application are satisfied.  You are advised if someone objects to this decision they may challenge it in court.  If you choose to start operating at once, as soon as you begin your business you are bound by the conditions set forth by this Board, and all other Newbury Township zoning requirements.

Mr. Fidel informed the Appellant and the audience that the 30-day period commences with the Appellant’s 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.

Mr. Fidel adjourned the BZA hearing at 7:45 p.m.  Board members wished the applicant good luck.

Marge Hrabak