DEFIANCE TOWNSHIP ZONING COMMISSION
April 04, 2006
VFW Post 3360 – Defiance, Ohio
Meeting was called
to order by Chairman Lynn Keller. Mr. Keller
instructed the Clerk to call the roll.
members present were Lynn Keller, Chair,
Rodell Behlke, Neal Detter, Bruce Hahn & Ruth Ann Schofield – all members present.
representatives present were: Mr.
James Schlegel – Township Zoning Inspector, &
Mr. Robert Layne, – Township
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.
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.
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.
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.
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
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:
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.
alleged negative impact
on their property values
Health issues raised
from possible dust from the stone drive impacting a neighbors pond used for drinking water
Historical – possible
Indian burial grounds on this property
Natural habitat – a
negative impact possible on the “Indiana Bat” & a nesting Bald eagle (on St rte
111 – across the river)
zoning rules prohibit
this scenario and such rules should be followed
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).
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.
Keller then moved to approve the request.
A roll call vote was taken:
Ruth Ann Schofield No
There being no
further business to come before the Board of Appeals Mr.
Keller requested a motion to adjourn the meeting.
The meeting adjourned.