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KENT, Ohio -- A court decision could be near in the civil suit filed by the Pennsylvania-based gas station operator Sheetz Inc. against the city of Kent, according to a report by Recordpub.com.
In January, Sheetz attorneys filed an action in the Portage County Court of Common Pleas challenging an October decision made by the Kent Board of Zoning Appeals that denied the company a zoning variance, the report stated.
The variance, if granted, would have allowed a 5,000-square-foot convenience store and six fuel pumps to go in at the corner of Fairchild Avenue and North Mantua Street in Kent, and attorneys on both sides held a status conference with Portage County Magistrate Robert Berger last week to discuss the case, according to the report.
Eric Fink, Kent's assistant law director, said during the hearing Berger indicated he would be ruling on the case in the "very near future." The zoning board denied a variance that would have permitted Sheetz to locate the store within 14 feet of an alley running along the western edge of the proposed construction site. In Kent's zoning code, buildings constructed with a front yard are limited to a 30-foot setback requirement from the right of way, according to the report.
Sheetz attorneys argued the board's determination, which was based in part on a ruling from the city's law department, and said the area along the alley is a front yard and not a side yard is unreasonable.
The Sheetz appeal is asking the magistrate to reverse the zoning board's decision, reported Recordpub.com.