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Board approves expansion of nonconforming St. Mary’s Auto Sales building; Planning approval still required

2377341 · February 21, 2025
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Summary

The Board of Zoning Appeals approved an expansion of a legally nonconforming automobile sales site on Cemetery Road, allowing the owner to demolish the existing building and construct a new dealership building subject to Planning and Zoning Commission site-plan review; the transcript records a partial roll call.

The Hilliard Board of Zoning Appeals voted to allow an expansion of the nonconforming auto-sales use at the St. Mary’s Auto Sales site on Cemetery Road, clearing a first procedural step so the owner may demolish the existing building and build a new dealership with service bays and a two-story office.

Staff told the board the parcel is zoned B3 (office and institutional), a district that does not permit vehicular auto sales. The applicant asked the board to find that the proposed expansion meets the city’s standards for modification of a legally established nonconforming use. Staff recommended the board evaluate the application using the four code criteria for nonconformities and noted that, if approved, the site would still need a Level B site plan and architecture review by the Planning and Zoning Commission.

Engineer Ramon Waba, speaking for the property owner, said that if the board denied the request the business could continue operating in the existing building but would not be able to expand. The plan presented to the board shows demolition of the current building and relocation of the new building closer to Cemetery Road to create a more pedestrian-oriented frontage and to meet corridor design goals. Staff noted required site-plan details include a 10–20 foot street setback, facade materials, and window requirements; the comprehensive plan calls for the area to develop as village mixed use.

A motion to approve the expansion under Hilliard Code section 1106.05 was made and seconded. The clerk’s roll call as recorded in the meeting transcript shows Vice President Barfield and Mr. McGee voting yes and Mr. Mills voting no; the transcript does not record the remaining members’ individual votes in the available audio. The board proceeded to the next agenda item after the roll call; the Planning and Zoning Commission will review a Level B site plan to finalize site layout and architectural details.

The board’s action allows the owner to seek planning approval for a new building and service area but does not itself approve a final site plan or any zoning variances that may be necessary during the Planning Commission review.