04-04-2006 MEETING


DATE: Tuesday,  April 04,  2006


LOCATION:   VFW Post 3360 – Defiance, Ohio


TIME:           7:00 P.M.


Meeting was called to order by Chairman Lynn Keller.  Mr. Keller instructed the Clerk to call the roll.


Zoning Commission members present were  Lynn Keller, Chair,  Rodell Behlke,  Neal Detter,  Bruce Hahn & Ruth Ann Schofield – all members present. 


Other Township representatives present were:  Mr.  James Schlegel – Township Zoning Inspector, &  Mr. Robert Layne,   – Township Trustee.


Visitors present:   James  & Mary Ehlinger – 14074 Power Dam Rd,  John Carman – 13824 Harding Rd, Lee & Donelda Royal of 13236 Harding Rd,  Jerry Baden of 21324 Powers Rd,  & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.   


Chairman Keller noted that on the advice of the Prosecutor’s Office, this body is meeting to continue the review of a request by Jerry Baden made during the March 28th Zoning BD of Appeals session and no special announcements noting this session were required.


Item one:  A request of Jerry Baden -  of 21324 Powers Rd,  Defiance,  Ohio,  – to acquire a variance to Twp Zoning rules for the purpose of constructing a shared drive onto a parcel of 13 + or – acres on which he proposes to build two home.  The parcel is thirteen (13) acres more or less and located at 138868 Harding Rd.  Said parcel of land being in the Southwest quarter of Section 3 – parcel ID B11003001603 in Defiance Township, Defiance County, Ohio. 


During the March 28th Zoning Bd of Appeals session the Bd granted Baden a request for a “conditional use permit” allowing Baden to build one home on this parcel only after the existing home is removed and or demolished.


Chairman Keller noted that there have been many objections raised and noted.  He asked if there were any questions relative to this request.  The following objections were either reiterated or noted in recent meetings on this issue:


Mr.  Ehlinger,  Mr. Carman,  Mr. Royal based their objections on their interpretation that the Zoning rules which requires a property have a minimum of 150’ of road frontage.  The property in question does not meet this criteria if Mr. Baden is allowed to construct a drive way which must be shared if two residents are to be b uilt.  The objections also included concerns that:

1      at least three other owners have tried to get permission to split this parcel and build more than one home on the parcel and all have been denied.  - It was noted that there was no written documentation presented that confirmed that statement.


2      alleged negative impact on their property values


3      Health issues raised from possible dust from the stone drive impacting a neighbors pond used for drinking water


4       Aesthetics


5      Historical – possible Indian burial grounds on this property


6      Natural habitat – a negative impact possible on the “Indiana Bat” & a nesting Bald eagle (on St rte 111 – across the river)


7      zoning rules prohibit this scenario and such rules should be followed


Mr.  Keller than asked Mr. Baden to again review his proposed project.  Mr. Baden stated he will split the parcel into two parcels of apprx 6 + or – acres each and build two homes.  He will have a shared access from Harding Rd for approximately 20 to 25 feet than the drive will split to serve each home separately. (baden again provided a drawing showing this design).


Mrs.  Schofield stated that Lisa Karcher of the county planning commission has stated that shared drive ways are not acceptable.


Mr. Keller called for the question.


Mr.  Keller then moved to approve the request.


MOTION:       keller                                                  


SECOND:      detter    


A roll call vote was taken:


Lynn Keller, Chair        No                      Rodell Behlke           _No __


Neal Detter              _yes__                           Ruth Ann Schofield      No   


Bruce Hahn               No                                



There being no further business to come before the Board of Appeals Mr.  Keller requested a motion to adjourn the meeting. 


         Motion:          Mrs.  Schofield


         Second:            Mr.  Keller                                       


YEA(s)               5            NAY(s)                0           Passed               X           Failed


The meeting adjourned.