01-31-06 MEETING


DATE: Tuesday, January 31,  2006


LOCATION:   VFW Post 3360 – Defiance, Ohio


TIME:           6:30 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 - a quorum was present.. 


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


Visitors present:   Mary Ankney - 19133 Hammersmith,  Robert Schofield 15968 Campbell Rd,  James & Mary Ehlinger – 14074 Power Dam Rd,  Tim & Cheryl Rosebrock – 316 Osceola Ave,  John & Bonita Carman – 13824 Harding Rd,  & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.   


Chairman Keller inquired if the proper public notices were placed.  The Clerk indicated that a Public Notice was run in the local newspaper and per the ORC property owners within 500’ of the properties being considered in this session have been notified by mail of the meeting and its purpose.  A copy of the notification letter and a list of those sent the letter will be on file in the Clerk’s Office.


Item one:    A request of Jerry Baden –  of 21324 Powers Rd,  Defiance,  Ohio,  – to split a parcel of thirteen (13) acres more or less from property at 13868 Harding Rd; the split to result in two lots of 6.02 & 7.7 acres more or less for the purpose of constructing two new homes.  Said parcel of land being in the Southwest quarter of Section 3 – parcel ID B11003001603 in Defiance Township, Defiance County, Ohio. 


1)  Discussion:  Bd of Appeals chair Lynn Keller ask Mr.  Baden to explain his request. 

a)  Baden proposed to take a parcel of 13.7 acres with a house bordering Harding Rd and split the parcel into two lots of approximately 6 and 7.7 acres.  He proposed to retain the existing house and build two new homes one on each parcel.  The southern parcel would have two homes on it. 


b)  This proposal requires a variance to existing zoning rules as the parcel did not meet the 1:2.5 size ratio.  The width of the parcel bordering Harding rd was surveyed at 157’ which would require that the length of the parcel not be more than 2.5 times or 393’ more or less in order to meet current code.  The actual depth of the parcel was 1200’ more or less. 


c)  It was noted by Mr.  Keller that there are numerous parcels throughout, not only Defiance Twp but in other Defiance County townships, that fail to meet the Zoning criteria relative to the width to length ratio.  Mr.  Keller noted that recently the County Planning Commission had approved home construction on parcels of less than the five acre tracts required.  This is relevant as the two lots when split would be slightly less than five acres when set backs are taken into consideration.  The set back issue was relevant as the “Auglaize river bounded the east end of the property.  During discussion in the Zoning meeting it was determined that the homes would be built at least 150’ from the high water bank.  Soil & Water suggested a 200’ set back but noted – per zoning inspector Schlegel that there should be at least a 100’ set back from the high water bank.  The homes would be a total of at least 200’ from the rivers edge. 


d)  Mr.  Keller then asked if any citizens present had any comments to offer. 


i)   James & Mary Ehlinger – 14074 Power Dam Rd,  Tim & Cheryl Rosebrock – 316 Osceola Ave &  John & Bonita Carman – 13824 Harding Rd, objected to the proposed split.  The chair recognized the group and asked for them to explain their concerns.

(a) The following concerns were noted:

(i)  The twp has zoning rules and these rules should be followed or else why have the rules.

(ii) The citizens present are unanimous in their opposition

(iii)         The citizens present believe their property will be devalued with the construction, at a minimum esthetically.

(iv)         The proposed construction will cause a negative environmental impact as there is a “bald eagle” nest near this area.  (borders on St Rte 111 to the west) and the Indiana bat which is on the endangered species list is believed present in the wooded area of or near this property.

(v) The proposed construction was alleged to have a possible impact on an unconfirmed “Indian Burial ground”.

(vi)         The proposed construction is alleged to have an impact on two drainage water ways which drains neighbors property.

(vii)         The length of a stoned drive would cause lime dust which would pollute an adjacent neighbors pond which is used for drinking water.

(viii)          That a previous owner of this parcel had applied for a split and that application was denied. (no record could be produced to verify this claim)

(ix)         that the opinions of the neighboring property owners should be of concern


ii)  Mr.  Baden agreed during the discussion to tear down the existing structure thereby, having just two new homes on the parcels.


Chairman Keller requested a motion to approve or deny the Baden request. 

Mr.  Detter moved to approve.     


MOTION:       Detter                                                 


SECOND:      Keller    


A roll call vote was taken:


Lynn Keller, Chair        Yes                     Rodell Behlke           _No __


Neal Detter              _yes__                           Bruce Hahn                yes                     


Ruth Ann Schofield      No                                 


The request was approved by a vote of YEA(s)     3       NAY(s)         2        Passed         x                Failed


e)  Mr.  Keller stated that the Zoning Bd of Appeals having heard all the issues and by majority vote approved the property owner’s request.  This affirmation is in Mr.  Keller’s opinion based on best land use, owner property rights and similar existing parcel variance configurations found elsewhere in the County. 


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


         Motion:          Mr.  Belke


         Second:            Mr.  Detter                                      

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


The meeting adjourned.

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