03-27-07 MEETING


DATE:            Tuesday,  March 27,  2007


LOCATION: VFW Post 3360- 201 Clinton Street  – Defiance, Ohio


TIME:             6:45 P.M.


The Defiance Township Zoning Commission meeting was called to order by the Chair – Mr.  Richard Wagner. The Chair instructed the clerk to call the roll.  Answering as present were:  Zoning Commission members Richard Wagner - chair,  Randy Wilde, Wayne Schaffer, Roy Perez and Paul Zipfel.   All members having answered 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, & Township Zoning Board of Appeals member:  Ruth Ann Schofield.  


Visitors present:   JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.   


Chairman Wagner instructed the visitors to sign in on the sign in sheet needed for the minutes of the session.


The chair then asked for any questions or comments pro or con to item #1 on the agenda.


1)   Item 1:             The Defiance Township Zoning Map.  The current map – exhibit 1 – was improperly adopted in Sept 2005.  This information was confirmed verbally by the Prosecutor’s Office.  The Prosecutor’s office has suggested that the Zoning Commission rescind the adoption for documentation purposes.  The map having been adopted improperly is not valid regardless.  The Zoning Commission should then make a motion to re-instate the Zoning Map used prior to Sept 05.  This map was offered as – exhibit 2.


a)   Board members reviewed the exhibits 1 & 2


b)   The chair called for a motion to rescind the Sept 2005 (current Twp) zoning map.


         It was moved by: Mr. Wilde


         Seconded by: Mr. Schaffer


The clerk called the roll:


Richard Wagner             _Yea_                          Roy Perez  _Yea_


Randy Wilde               _Yea_                          Paul Zipfel    _Yea_


Wayne Schaffer            _Yea_ 


The vote being   _5_ Yea(s)             _0__Nea(s)


The motion to rescind is approved.


c)   The Chair then asked for discussion regarding the Zoning map to be re-instated.  This was the map in use prior to the Sept 05 Zoning Map.  The Chair noted that the previous map once adopted will be amended to indicate the properly adopted zoning changes since Sept 05.


i)      These changes are noted in the minutes of the zoning meetings of the Township.  The minutes of these meetings will be forwarded to Defiance County Soil & Water.  This group will edit the 2003 Zoning map to properly reflect the correct changes.  Exhibit 2 is the 2003 Zoning map which was used prior to the adoption of the Sept 05 map.


ii)      Note:  the Def Co. Soil & Water group is contracted with the Township to maintain the zoning map.


(1)            Mr. Schelgel,  Township Zoning Inspector was recognized.

(a)      Schlegel stated that the Zoning maps (both the Sept 05 and the 2003 maps) do not indicate what type of conditional use permit was issued for a given property.  There are many different types of “conditional use permits”  in the Township’s Zoning regulations.  The maps only indicate that the property has a conditional use permit.  He wanted to know how he was to determine what action to take.

(b)      He was directed by the Commission to check the minutes of his files or the Twp’s files to determine the use of the “conditional use” permit issued.  If there is no documentation & the property is designated on the map as under a “conditional use” then it must be assumed that the permit for the use of the land as being used was properly adopted.

(i)            If there is a request for a conditional use permit on property already designated as a property with a conditional use and there is already one use established (a second permit request is being made) then a new hearing must be held.

1.      example:  property has a house in use & a request for a conditional use permit is filed to establish a cottage business – then a 2nd hearing must be held.


d)   The Chair asked if there was any more discussion? 

i)      There were no further comments offered.


Chairman Wagner after hearing all comments called for a motion to re-instate the 2003 Zoning Map with the re-zoning changes properly adopted since Sept 05.


         It was moved by: Mr.  Schaffer


         Seconded by: Mr.  Perez 


The clerk called the roll:


Richard Wagner             _Yea_                          Roy Perez  _Yea_


Randy Wilde               _Yea_                          Paul Zipfel    _Yea_


Wayne Schaffer            _Yea_ 


The vote being   _5_ Yea(s)             _0__Nea(s)


The motion to re-adopt the 2003 Zoning Map was approved.


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


            Motion:             Mr.  Schaffer



            Second:           Mr.  Wilde                                        


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


The meeting adjourned.