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Austintown zoning changed to avoid problems at former site of nightclub

AUSTINTOWN — The Zodiac Lounge & Grill is no more, and trustees moved on Monday to ensure the problems that bar created will not happen again.

After a monthslong process — and years of complaints — Austintown trustees had a special hearing to address the proposal by Zoning Inspector Darren Crivelli to rezone three parcels of property along South Four Mile Run Road. Following testimony by Crivelli, police Lt. David Yohman, Fire Department Safety Inspector Tom Neff and a resident, trustees passed a resolution rezoning the properties from B2 to B1, to prohibit property owner Eli Alexander from allowing any tenant to operate a food or liquor establishment on the premises.

“I am completely appalled at what has occurred at this location,” trustee Robert Santos said. “What makes or breaks a business owner or tenant is how they react to correct that problem. As we see by how thick this record is, it shows there has been a complete lack of any attempt to correct this issue, from not only the tenant but the building owner, which to me, with the repeat offenses, shows a lack of respect not only to our township, but to our residents and our emergency services.”

Alexander’s corporation, ALCO, now has 30 days to circulate a petition to bring the matter to voters on May’s primary ballot. Failing that, the change will take effect. The zoning change allows for professional businesses only, such as accounting firms, medical offices and other similar enterprises. No food or drink or social gathering is permitted.

Crivelli said if Alexander brings a proposal for a responsible business venture that may fall somewhere outside the specific allowances for B1 Zoning, the township’s zoning board of appeals can consider a limited-use variance.

“If that’s successful and that person operating that wanted to buy that property, we can then go through this process again and rezone it back to a B2,” Crivelli said.

The change comes almost exactly a year after a meeting between township officials and Alexander’s attorney, Scott Cochran, in which Cochran told officials that tenant Brian Van Dussen was on a month-to-month lease, which would not be extended beyond Dec. 31, 2024.

Since then, officials learned that van Dussen maintained keys to the premises and was considering opening a bottle club — which does not require a liquor license — and police have responded to more problems at the site.

The bar, which also operated as Club Pandora at one time, has been repeatedly visited by police and fire, raided by state officials, cited repeatedly by the Ohio Liquor Control Commission, and officials say it posed a persistent danger to the community, patrons and safety services.

On more than one occasion, an illegal sex club operated at the bar.

Yohman, who has worked midnight turn for 10 years or more, testified Monday and in October before the township zoning commission that on multiple occasions one call at the bar occupied nearly an entire shift, leaving limited coverage for the rest of the township.

“There have been nights at this address where we’ve had to call in help … from Youngstown, Canfield or the (Mahoning County) Sheriff’s Office just to manage the size of the crowd safely,” he said.

Last September, police and fire personnel were unable to access the building, with multiple patrons crowded inside the locked building. Last December, more than two dozen shots were fired.

Trustee Bruce Shepas noted that there were 120 calls for police and fire service to the bar since Oct. 30, 2000, and at least 10 of those were for assaults, gunfire and a bomb threat.

Alan Zugay, who lives on Huntmere Avenue, across the street from the bar, said he has been complaining for years.

“Many a day, you get up, especially on a Sunday, and there’s trash all over the parking lot, and where the union hall is, because they were allowed to use that, and there would be empty bottles and bottles of tequila that would have a couple shots left in them, and there’s…little kids running around that could get into that,” he said. “When it first started, they were parking all the way up Huntmere, there was always a problem with too many patrons up there, screaming and yelling, middle of the night. People who lived up the street wouldn’t know about it because they’d be in bed by then, but anyone who lived near that, we were exposed to it. You lose your property value when you have something like that in the neighborhood,” Zugay said.

Crivelli echoed Yohman’s statements, saying the township’s safety services do not need these kinds of problems because they have enough to deal with on a daily basis.

“You just saw them, two weeks ago, running into a building to help people,” he said, referring to the explosion at Phoenix House senior living center on Meridian Road. “They don’t need to be running into something like this place.”

Crivelli said he does not expect a legal challenge from Alexander.

Santos said trustees had no choice but to restrict the zoning permissions for the property.

“As a trustee, I think we want to open the door to any businesses that come in, and we want to give them the opportunity to correct any issues that may occur, but after so many instances, we as elected officials have an obligation to put the safety of our residents first…to shut this down and stop it from happening again,” he said. “I hope this action is a message that this board is not going to tolerate it.”

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