Village approves rezoning request

Council to look at industrial uses of property in village

A 2-acre parcel on Saint Clair Street Extension in Fairport Harbor has been rezoned for industrial use, making its classification consistent with surrounding properties.

That zoning change was approved unanimously on July 21 by Fairport Harbor Village Council. A vote was taken during the panel’s

regular meeting, which followed a public hearing on Senk Properties’ request regarding land it owns at 1185 Saint Clair St. Extension. Both events were held remotely by video conference.

Dean Tsengas, who is managing partner of Senk Properties, had asked the village to rezone the parcel on Saint Clair Street Extension to industrial from marine recreational.

Tsengas’ request initially went to the village Planning Commission, which recommended that council approve the zoning change.

During the public hearing, Tsengas reiterated some of the information included in a previous letter to village officials, in which he explained why Senk Properties wanted the parcel rezoned.

The land on Saint Clair Street Extension is one of three contiguous properties owned by the developer at the road’s intersection with East Street.

Senk also owns the building at 1300 East St. where the former Our Pet’s manufacturing company was located. The building is situated on a 5-acre lot. Directly behind the building is 2 acres of undeveloped land, which had been zoned marine recreational going into the public hearing. To the south of that land is a 5-acre vacant parcel, which is zoned for industrial use, as is the former Our Pet’s plant and property.

Dean Tsengas and his father, James Tsengas, cofounded Our Pet’s in 1995. The company, which manufactures pet toys and accessories, was acquired in 2018 by Hyper Pet. During the same year, Hyper Pet also purchased R2P Pet, a Pleasanton, California-based maker of assorted toys and accessories for dogs and cats.

In March of 2019, Hyper Pet, Our Pet’s and R2P Pet stated that all three businesses would function under a new corporate name — Cosmic Pet.

Tsengas, when he addressed council at the public hearing, said Cosmic Pet no longer has personnel working in the East Street plant, after the company consolidated operations in Kansas.

“They still have some inventory in the building, but (Cosmic Pet employees) pretty much have vacated,” Tsengas said. “So if you see any activity there, we’re looking to do improvements, painting, outside and inside, getting it ready for a new tenant.”

To make the former Our Pet’s building more attractive to a tenant or buyer, it would be important to have the 2-acre parcel behind the building zoned industrial, so the land could be used for expansion.

“So this (rezoning) will really help as far as clearing the way to make sure there are no roadblocks for any future activity there,” Tsengas said. “We’re trying hard to get things going over at that building again.”

At the public hearing, Councilman Tony Bertone expressed concerns about changing the land’s zoning classification to industrial without knowing what a future tenant or buyer might do with the property.

“Without a development plan or deed restrictions, there is a liability to the village, of course,” Bertone said. “I think that’s something for all the council to consider.”

Bertone then asked village Solicitor Jim Lyons how the village could stop future industrial uses of the property that might be considered undesirable.

Lyons said the surest way to prevent such a scenario would be to not rezone the property.

“That’s the only way to protect yourself,” Lyons said. “I guess the property owner could voluntarily put deed restrictions on it. Or just wait until (Tsengas) finds out exactly what’s going to happen.”

Bertone said he preferred to get the rezoning done without a development plan, but he also wanted to make sure the village was protected.

Currently, the village contracts with the Lake County Office of Planning and Community Development to provide personnel who serve as Fairport Harbor’s assistant zoning inspector. The director of that county office, David Radachy, provided his expertise to the village on Senk Properties’ rezoning request and spoke at the public hearing.

Radachy said it was his recommendation that the rezoning request be approved.

“Mr. Tsengas owns this piece of property along Saint Clair, so if somebody wants to use it for an industrial purpose, now they’ll have the ability to do so,” he said.

Tsengas noted that the property on the other side of Saint Clair Street, across from Senk Properties’ parcel, also is zoned industrial.

In response to discussion at the hearing about requiring deed restrictions or a development plan for the Saint Clair Street Extension property, Radachy said Fairport Harbor instead needs to take a broader look at uses of industrial properties.

“You may be able to stop the zoning on this particular piece of property, but there are other vacant lots in Fairport Harbor zoned industrial ... we need to review the zoning and that’s what would really protect the village, as opposed to not rezoning this property and putting deed restrictions on the property,” he said.

Council, along with approving Senk Properties’ requested zoning change during its meeting, also passed a motion that was inspired by Radachy’s advice. The panel directed Radachy to compile a list of uses of properties that are zoned industrial in Fairport Harbor. Based on that list, it’s hoped that Radachy and the village Planning Commission can make recommendations on how the village can revise its zoning code to prevent undesired uses of industrial properties.

Bertone said he would like council to take an initial look at the list and then forward it to the Planning Commission for further discussion and action.