Administrative hearing finds zoning violation at 5090 Commerce Drive; owner given 30 days to apply

The Administrative Hearing Board in Stow City found that the property at 5090 Commerce Drive is in violation of its approved site plan after the secondary/emergency access was taken out of service.

The board’s presiding officer said he reviewed documents in the file — including the original site-plan materials and a 1995 resolution — and after discussion with planning and fire-prevention staff concluded there was a zoning violation. "Yes, there is a violation, but I'm going to set this out. I'll give you 30 days to apply for site plan approval to change it or to fix it," the presiding officer said, adding that if the matter is resolved within those 30 days there would be "no fines, no cost, nothing." The officer also noted the owner may appeal the order to the court of common pleas within 15 days.

Planning staff told the board they found no record of any later permit or council action that decommissioned the required second access. The owner told the board he had mailed a large-format plan and disputed that state fire-code criteria applied to his facility, saying the site sees very low daily vehicle counts. The board limited its decision to the zoning violation and gave the owner time to seek a remedy through the planning process.

The board said it will issue a written order and encouraged the owner to contact the office if he needs more time while pursuing a permit. The owner was also told how to request related minutes and records through the law department.