MINUTES

DEFIANCE TOWNSHIP ZONING BOARD OF APPEALS

02-27-2007 MEETING

 

DATE:            Tuesday,  February 27,  2007

 

LOCATION: VFW Post 3360 – Defiance, Ohio

                       

TIME:             7:00 P.M.

 

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 roll.   

 

The Clerk then called the roll for attendance.  Board of Appeals members present were:  Lynn Keller,  Ruth Ann Schofield, Rodell Behlke & alternate Marvin Scott.   There being three of five members present and one alternate present answering the roll a quorum was declared.

 

Other Township representatives present were:  Mr.  James Schlegel – Township Zoning Inspector, Mr. Robert Layne,  Mr. Dan Peck, & Mr. Richard Ankney – Township Trustees. 

 

Visitors present were:  John & Bonita Carman 13824 Harding Rd, Mary Ehlinger 14074 Power Dam Rd, Ann Limber 14811 Power Dam Rd, Jerry Baden 21324 Powers Rd, Marc Warncke ESQ, 419 5th St (attorney for Mr. Baden),  Bob & Diane Dart-Baden Canton, Michigan,  Charles Bakle 1204 Wayne St. & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.   

 

Chairman Keller then read item 1 of the agenda: 

 

Item 1:             Request for a “conditional Use” permit had been made by Jayme Price of19626 Cromley Rd,  Defiance,  Ohio,  43512  to use an existing agricultural zoned parcel of 6 acres more or less for residential use for the purpose of constructing a new home.  The parcel is located on the south side of Cromley Road,  approximately .75 miles west of State Route 111 in the west half of the east half in the northeast corner of section 18 of Defiance Township, Defiance County, Ohio.  The parcel ID is  B11-0018-000-400. 

 

a.      The clerked was acknowledged and noted that a packet of information which contained a copy of the application for a “conditional use” permit, & a property review performed by the Defiance County Soil & Water group which included an aerial photo of the property was provided to each Board member. 

 

b.      Mr.  Keller then asked if anyone wished to comment on this proposal. 

 

a.      No comments were offered.

 

c.       Mr.  Keller then asked if Mr. Schlegel, Twp Zoning Inspector had any concerns with the request.  Mr.  Schlegel stated that he viewed the site and had no objection to the request. 

 

d.      Mr.  Keller asked if any Board members had any questions or concerns.

 

b.      There were no concerns noted.

 

Mr.  Keller asked for a motion to approve or deny the request.

Mr.  Behlke moved to approve the requested “conditional use permit”  to build a house on the property noted above.

 

Mrs.  Schofield seconded.

 

The clerk called the roll.

 

Lynn Keller, Chair      yea                              Rodell Behlke                           yea

 

Ruth Ann Schofield      yea                              Marvin Scott                  yea

 

The motion to approve the “conditional use permit”  was approved.

 

The Chair then addressed item two on the agenda.

 

Item #2                        A request by Jerry Baden of 21234 Powers Road,  Defiance,  Ohio,  43512  for a variance to the minimum road frontage required for lot(s) on which home(s) construction is planned.    The parcel is located on the west side of Harding road .25 mile north of Power Dam Road in the southwest corner of section 3 of Defiance Township, Defiance County, Ohio.  The parcel ID is  B110003001603. 

 

a.      The clerked was acknowledged and noted that a packet of information which contained a copy of the application for the “variance” request,  a drawing of the property provided by Mr. Baden,  & a property review performed by the Defiance County Soil & Water group which included an aerial photo of the property was provided to each Board member.

 

b.      Mr.  Keller then asked if anyone wished to comment on this proposal.

 

1.        Mr. Warncke (Mr. Baden’s attorney) was given the floor.

i.      Mr.  Warncke stated that a variance to the rule is warranted and describe his position relative to section 532 of the ORC.  He stated the variance is for a lower standard and not a “use variance”.  He further stated that the parcel is zoned r-1 and a subdivision of one house per acre could be built.  This possibly may become a reality if a public road must be constructed so that egress can be provided to the property.

ii.      Mr.  Warncke also stated that the neighbors are now in support of Mr. Baden’s proposed 2 lot development.

iii.      Mr.  Warncke expounded on other zoning code factors which, in his opinion support the requested variance- these included:

1.      special conditions

2.      non hindrance to others

3.      no special privileges

iv.      Mr.  Warncke also said there is “case law” that minimum frontage should not be the lone factor to cause a denial.

v.      Mr.  Warncke also stated there were no objections raised by either the County Engineer or the County Planning Commission.

2.      John Carman – a neighbor – was recognized by the Chair. 

i.      Mr. Carman stated that as long as only two homes are to be built he no longer has an objection to the project.  He requested that a written agreement be provided to the neighbors which limits the property development to only two homes.

3.      Others present (neighbors) all stated that they now – no longer have an objection to the project.

 

c.       Mr.  Keller then stated that as before when this issue came before the Appeals Board, he has a concern with the creation of “flag lots”  which is the case with this property.  He also reiterated his position that shared driveways often cause issues in the future.  This is why he supports the creation of a “public road” for egress into this property.  He also said that if the Board approves this request when does it say no to other such request and then what is the purpose of having a minimum frontage rule.

 

d.      Mrs.  Schofield was recognized.

4.      She stated that we have just denied other recent requests for frontage variances; so how could we say yes to Mr. Baden.

5.      She also said that “we are trying to keep the Township rural for agriculture”.

e.      Mr.  Warncke noted that the property in question is zoned residential.

f.        Mrs.  Schofield replied that she was aware that the property was zoned residential; but that we are trying to keep the Township for agricultural use.  This is our goal.

g.      Mr.  Warncke stated he would like the position outlined by Mrs. Schofield put in the minutes as he believes such a position clearly discourages residential development and if the denial is based on this stated position it would most likely be successfully challenged in court.

h.      Mr.  Keller then stated that the opinions expressed by Mrs. Schofield are her own and do not necessarily reflect the Board’s position.  Mr.  Keller noted the reason he objects to the variance is to discourage flag lots and shared driveways.

i.         Mr.  Keller said that this property is a “flag lot

 

Mr.  Keller asked for a motion to approve or deny the request.

 

Mrs.  Schofield moved to approve the requested variance to the minimum frontage requirements.

 

Mr.  Keller seconded.

 

The clerk called the roll.

 

Lynn Keller, Chair      nea                              Rodell Behlke                           nea

 

Ruth Ann Schofield      nea                              Marvin Scott                  nea

 

The motion to approve the “conditional use permit”  was denied.

 

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. 

           

            Motion:             Mr.  Behlke

           

            Second:            Mr.  Keller                                       

 

YEA(s)      4                 NAY(s)        0               Passed      X                Failed

 

The meeting adjourned.