POLAND Case raises issues for zoning process

The conflict over the restaurant has been resolved.
By JOHN W. GOODWIN JR.
VINDICATOR STAFF WRITER
POLAND -- A conflict in building requirements between state regulators and township zoning officials over a fast-food restaurant may require adding a new clause to zoning regulations here.
Zoning inspector Bob Monus will submit to the zoning commission a revised application process regarding business on routes maintained by the state. The commission must decide if the new process will be included in the revised zoning regulations that are still in the making.
Monus' proposal would make it necessary that businesses being built on routes get approval from the Ohio Department of Transportation before applying for a township zoning permit. He said businesses would then know if any variances are needed before applying for the permit.
What happened: The controversy started after owners of an Arby's restaurant currently under construction on U.S. Route 224 applied for a zoning permit for the building. Monus said the permit was approved based on the initial plans submitted by Arby's.
Monus said the township required that the restaurant put in a parallel access road -- a road that allows patrons to venture from one store to another without having to travel on busy 224. Plans for the restaurant changed, however, when the Ohio Department of Transportation told builders to add a deceleration/turn lane to the property, leaving too little room for the township's required parallel access road.
Reason: ODOT public information officer Jennifer Richmond said the deceleration/turn lane is mandated to ensure safety and maintain the consistent flow of traffic on busy highways. She said the high volume of traffic that would likely use the Arby's entrance and other variables made the extra lane necessary.
"The main point is that we do not want to impede traffic on 224, and by using turn lanes, we decrease the risk for rear-end collisions and do not impede the flow of traffic," she said.
According to Monus, Arby's officials changed the plans to accommodate the ODOT requirement but did not clear the new plans with township zoning officials.
"What it comes down to is that Arby's took it upon themselves to modify plans without the needed approval from us," Monus said.
Monus notified Niles Realty that it was in violation of township zoning requirements, which means it could have been fined up to $100 a day until the violations were corrected. Monus, however, gave the company time to go through the administrative process before seeking fines.
The company took the matter before the zoning appeals board and was eventually granted a variance for the width of the access road. Both state and township requirements will be satisfied, but Monus said steps need to be taken to ensure that such conflicts do not arise in the future.
The Arby's restaurant is slated to open Dec. 30.