MINUTES

DEFIANCE TOWNSHIP ZONING COMMISSION

07-10-06 MEETING

 

DATE:            Monday,  July 10,  2006

 

LOCATION:  VFW Post 3360 – Defiance, Ohio

                       

TIME:             6:30 P.M.

 

Meeting was called to order by the Clerk – Tim Houck.  Mr. Houck opened the session as a Chair had not yet been selected.  Mr. Houck then called the roll.  

 

Zoning Commission members present were  Richard Wagner,  Randy Wilde and Wayne Schaffer.  There being three of five members present a quorum was declared.  Alternate Tom Mick was also present.  Marked as absent were Board members Roy Perez (excused – death in family) and alternate George Decker unexcused.  Commission member Paul Zipfel arrived late and did not participate in the session.

 

Other Township representatives present were:  Mr.  James Schlegel – Township Zoning Inspector,  Mr. Robert Layne,   Mr.  Dan Peck &  Mr. Richard Ankney – Township Trustees.  Also present were Ruth Ann Schofield and Rodell Belke of the Township Zoning Board of Appeals.

 

Visitors present:   James Ehlinger – 14074 Power Dam Rd,  Bonita Carman – 13824 Harding Rd & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.   

 

Mr.  Houck noted that each Commission member was provided a packet of information for tonight’s session.  This packet included:

1.      an agenda,

2.      the applications to rezone for each request,

3.      a plat survey of the Mansfield property,

4.      a report with aerial photos of both the Poling and the Baden properties by the Defiance County Soil & Water District, and;

5.      a recommendation letter on both the Poling and Baden properties from a review by the Defiance County Planning Commission.

 

1)   Item one:    The Clerk called for nominations for the purpose of “Election of the Chair” . 

a)   Mr.  Wilde nominated Mr. Wagner

b)   Mr.  Schaffer – seconded

c)   There were no further nominations.

 

d)   The Clerk called for a roll call vote to elect Mr. Wagner.

 

Roy Perez                   ab                                Randy Wilde               yea

Paul Zipfel                   ab                                Wayne Schaffer          yea

Richard Wagner         yea

 

the vote being 3 yeas and no nays, Mr. Wagner was elected Chairman.

 

e)   Mr.  Wagner then assumed the gavel.  Mr.  Wagner asked for nominations for “Vice – Chair”.

 

i)    Mr.  Wagner nominated Mr.  Wilde.  Mr.  Schaffer seconded.  There were no other nominations.

ii)   Mr.  Wagner called on the Clerk to conduct a roll call vote.

 

Roy Perez                   ab                                Randy Wilde               yea

Paul Zipfel                   ab                                Wayne Schaffer          yea

 

Richard Wagner         yea

 

The vote being 3 yeas and no nays, Mr.  Wilde was elected Vice - Chairman.

 

2)   Item – 2:  The Chair called for the distribution of the re-printed Twp Zoning Rule book to all Board members present.

a)   The clerk noted that copies of the Township’s Zoning Map and Land Use map will be made and distributed as soon as copies are available.  In the mean time the maps are available for viewing on the Township web site.  http://www.defiance-county.com/townshipDefiance.html

 

3)   Item 3:       Zoning Issues:

 

a)   a Request by Jack Poling 1632 S. Clinton Street,  Defiance,  Ohio,  43512  to rezone a parcel of land from agricultural to residential.  The parcel is five (5) acres more or less and is located on the north side of Bowman Road approximately one-half mile west of Williams Road in the southeast quarter of the southwest quarter of Section 10 in Defiance Township.  Said parcel of land being in parcel ID B110010000802 in Defiance Township, Defiance County, Ohio.

 

i)    The Clerk distributed the following items on this issue.

 

(1)  copy of application for re-zoning –

(2)  Defiance County Soil & Water review information

(3)  a recommendation for approval of the request by the Defiance County Planning Commission

 

ii)   the Chair recognized the Township Zoning Inspector, Mr. James Schlegel.  Mr.  Schlegel said he had reviewed the proposal with the property owners.  The Poling’s could not attend this session, however, they seek to build a house on the property and wish the property to be zoned r-1.  Mr.  Schlegel noted that there were no known objections to this proposal.

 

iii)   The Chair asked if there were any questions either from the citizens or the Commission members.

 

(1)  Mr.  Ehlinger of 14074 Power Dam Rd was recognized.  Mr.  Ehlinger asked why it was necessary to re-zone the property when a “conditional use permit” would allow the construction of the home.  Mr.  Wagner responded that although a “conditional use permit” would allow for the construction of the home, the property owner has a right to request the rezoning and with the rezoning it would better define the use of the property as it is to be used.

iv)  The Chair called for a motion to accept or reject the proposed re-zoning request.

(1)  Mr.  Schaffer moved to re-zone the property as requested.

(2)  Mr.  Wilde seconded.

(3)  The Clerk call the roll.

                                                      

Roy Perez                   ab                                Randy Wilde               yea

Paul Zipfel                   no vote                        Wayne Schaffer          yea

 

Richard Wagner         yea

 

The vote being 3 yeas and no nays,  the motion to recommend the approval of the re-zoning to the Trustees was approved.  The re-zoning will be heard by the trustees during their July 25th regular monthly meeting.

 

b)   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 home on property currently zoned agriculture.  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.

 

i)    The Clerk was recognized by the Chair.  Mr. Houck noted that the attorney for Mr. Baden had requested a continuance of this hearing.  Houck state that he reviewed the request with the County Prosecutor’s Office and it was determined that the request should be honored.  Therefore, this item was removed from this session’s agenda.  The proposed re-zoning will be scheduled for a hearing at a later date to be determined.

 

4)   Item 4:  General Discussion….The Chair asked if there were any comments for the record.  Mr. Ehlinger was acknowledged.

a)   Ehlinger stated that he just wanted the Commission to follow the rules as adopted for zoning.  He felt that at times the procedures are not being followed. 

b)   Mr.  Wagner noted that the Commission will do its best to provide a fair interpretation.

 

There being no further business to come before the Defiance Township Zoning Commission Mr.  Wagner requested a motion to adjourn the meeting. 

 

            Motion:             Mr.  Wilde

           

            Second:            Mr.  Schaffer                                      

 

YEA(s)      3                 NAY(s)        0               Passed                   X               Failed

 

The meeting adjourned.