DEFIANCE TOWNSHIP ZONING BOARD OF APPEALS
Tuesday, August 29, 2006
VFW Post 3360 – Defiance, Ohio
Meeting was called
to order by Mr. Lynn Keller,
Chairman of the Defiance Township Zoning Bd of Appeals.
Mr. Keller asked the clerk to call the
The Clerk then
called the roll for attendance. Board of
Appeals members present were: Lynn Keller,
Bruce Hahn, Ruth Ann Schofield &
alternate Jon Davis. There being three
of five members & one alternate participating in the session a quorum was declared.
representatives present were: Mr.
James Schlegel – Township Zoning Inspector, Mr. Robert Layne,
Mr. Dan Peck, Mr. Richard Ankney –
Township Trustees, Twp Zoning Commission
members Randy Wilde14726 St Rte 111, Paul
Zipfel 21090 Bowman Rd. and Mr. Russell
Herman, ESQ. of the County Prosecutor’s
James Ehlinger – 14074 Power Dam Rd, Joe
& Deb Arreguin 14587 Williams Rd, Virginia Hill 14529 Williams Rd,
Ann Limber 14811 Power Dam Rd, Richard
Matney III & Kathy Matney 14375 Williams Rd, Dave
Kaufman 14463 Williams Rd, Neal Fleming 14415 Williams Rd,
Mike Simons 20408 Kiser Rd, Mark
Warncke, Jerry Baden 21234 Powers Rd, Sheila
Gallagher 14637 Williams Rd, Denise Lange
1600 S. Clinton St. – arrived late &
JoEllen Houck of 8 Deville Drive, Defiance,
Chairman Keller then
read item 1 of the agenda:
Request of Denise
Lange 1600 South Clinton, St. Defiance,
for a variance to Twp Zoning property
road frontage requirements & for a “conditional use” permit.
A request has been made to erect/construct a new home on this property which has a
50’ road frontage. Twp rules require 150’
for said construction request. The parcel is
seven (7) acres more or less and is located on the west side of Williams Road in the
southeast quarter of Section 10 in Defiance
Township. Said parcel of land being in parcel
ID B110010001502 in Defiance Township, Defiance County, Ohio.
The clerked was acknowledged and noted that a packet of information which contained
a copy of the application for a “conditional use” & a variance to the Township’s
property frontage requirements for drive access were attached to the agendas provided to
the Board members. Also provided was a
property review performed by the Defiance County Soil & Water group.
This review included an aerial photo of the property.
The packet of information included a letter from Mrs. Lange explaining her need for
Mr. Keller then asked Mrs. Lange to
review her request for the Board.
Mrs. Lange stated she simply wished to acquire the “conditional use”
permit in order to construct a new home on the parcel in question.
She said that she is the sole owner of this parcel.
Lange also noted that this parcel has only a 57’ road frontage but is adjacent to
35+ acres owned jointly by she & her husband.
Mr. Keller stated that the
variance request possess a problem for this Board. The Twp is trying to eliminate “flag shape lots”.
This is per the County’s land use plan. All
Twps are working towards this. The Twp
Appeals Bd has recently turned down another such request. (baden)
Mike Simons was recognized. He asked
why the 150’ requirement and where did this rule come from.
He was of the opinion that a landowner should be able to build on his/her property.
A landowner rights issue.
The Chair asked for an explanation of the rule by Mr. Herman – County
Prosecutor’s office representing the Township.
Mr. Herman said that the frontage rule
was adopted generally by the Townships of Defiance County in the early 90’s.
It was his understanding that most Townships in the State also have adopted such
restrictions. The rule is intended to promote safer roads (more space between drives
to observe egress + ingress when traveling at the higher rates of speed allowed on rural
roads. It is also a land management issue to
manage growth in our rural areas.
Mrs. Lange stated that this property
has been sectioned as is for years – long before the 1990’s rules were adopted.
Therefore, her request should fall under the old rules.
Mrs. Schofield stated that this
request falls under our existing rules as it is a new request.
Mr. Herman concurred that this request falls under the current rules.
Several neighbors present were given the floor and all objected to the proposed
requests based on their concerns that the property owned by the Langes' which is adjacent
to the parcel in question was a mess and not , in their opinion property
cared for. This causes a nuisance and
lowers their property vales.
It was noted that a nuisance issue is separate from this request and the proper
method to deal with that issue is to lodge a complaint with the Zoning Inspector as he
handles nuisance complaints for the Township.
Ruth Ann Schofield was given the floor. She
asked for an executive session to discuss possible legal issues.
Mr. Keller seconded the motion.
called the roll.
The Board & Mr.
Herman entered into executive session.
Upon returning from
executive session Mrs. Schofield moved to
re-enter regular session.
The clerk called the roll.
The Board returned
to regular session.
The Chair called Mrs. Lange forward and indicated the Ariel photo.
The Board and Mrs. Lange reviewed the aerial.
Mr. Keller said that as she was
co-owner of the adjoining property if she were will to have the parcel in question
enlarged to meet the 150’ frontage rule this would eliminate the need for a variance.
Mrs. Lange asked how was she to do
Mr. Herman was given the floor and
stated that she would need to contact her attorney and have the deed changed.
Mr. Keller said he would be willing to
move on the “conditional use permit” only if the lot met the frontage requirements.
Mr. Keller then asked if there was a
motion on the variance request.
Mr. Hahn moved
to approve the variance request.
called the roll.
The motion to
approve the variance request was denied.
Herman was recognized and stated that with this action Mrs.
Lange will need to acquire the proper road frontage on the parcel in question
before a home could be constructed on that parcel.
Again, Mrs. Lange
asked what steps she would need to take.
Herman stated he could only advise that she seek legal counsel.
Keller asked Mrs. Lange if she wanted the “conditional use permit” with the
condition that the parcel meets the Township road frontage requirements.
Mrs. Lange indicated
she did .
Keller asked if there was a motion.
It was moved by Mr.
Davis to approve the “conditional use permit” request providing the parcel was
expanded to meet the 150’ frontage requirement and a copy of the new deed be provided to
called the roll.
The motion to
approve the “conditional use permit” with the caveat was approved.
The Chair asked if
there was any other business to come before the Board.
There being no
further business to come before the Board of Appeals Mr.
Keller requested a motion to adjourn the meeting.
The meeting adjourned.