MINUTES

DEFIANCE TOWNSHIP ZONING COMMISSION

03-28-06 MEETING

 

DATE:            Tuesday,  March 28,  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,  & 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,  Mr.  Russell Herman, ESQ. of the County Prosecutor’s Office,  Ms. Lisa Karcher of Maumee Valley Planning & the County Planning Commission and Mr.  Warran Schlatter, Defiance County Engineer and also of the County Planning Commission.

 

Visitors present:   Robert Schofield 15968 Campbell Rd,  James Ehlinger – 14074 Power Dam Rd,  John Carman – 13824 Harding Rd, Danelda & Lee Royal of 13236 Harding Rd,  Annette Manson of 15827 Power Dam Rd,  Dennis Scott of 28360 St Rte 281,  Robert Baden of 49131 Warren Rd, Camton, Michigan,  Jerry Baden of 21324 Powers Rd,  Charles Bakle of 1204 Wayne Ave  & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.   

 

Chairman Keller inquired if the proper public notices were placed.  The Fiscal Officer/Clerk (tjh) 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 Annette S. Manson - of P.O. Box 95,  Paulding,  Ohio,  45879 for a variance to the Twp Zoning rules.   Manson has asked for a “conditional use permit” be granted so that a home could be built on property she recently purchased.  The existing zoning is agricultural.  The parcel is 6.87 acres more or less.   The home to be constructed will be on a Parcel recently split from parcel  #B110017001900 in section 17 of Defiance Twp. 

 

Chairman Keller asked what the square footage of the proposed home will be.  Manson stated that it would be 2840 feet.  The size as noted is within the zoning requirements of the Twp. 

 

Chairman Keller then asked if there were any concerns or objections.  None were offered.  The Chair inquired if all Zoning Appeals members had reviewed the site.  All had.

 

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

Mr.  Detter moved to approve.     

 

MOTION:       Detter                                                 

           

SECOND:      Belke     

                                                      

A roll call vote was taken:

 

Lynn Keller, Chair      Yes                              Rodell Behlke             _Yes __

 

Neal Detter              _yes__                                            

 

Ruth Ann Schofield      Yes                                 

 

The request was approved by a vote of YEA(s) 4            NAY(s)            0            Passed            x                      Failed

 

 

Item 2: A request of Dennis Scott - of 14232 State Rte 111,  Defiance,  Ohio,  43512  for a  variance to Twp Zoning code to erect/construct a new entrance way (awning) to his restaurant (Scotty’s Club 111) located at this address.  The restaurant is located on Parcel #B110009003500 in section 9 of Defiance Twp. 

Chairman Keller noted that this entrance way had already been constructed and called on the Zoning Inspector.  Mr.  Schlegel stated he had observed the entrance way being constructed and had issued a stop work order which was obeyed.  He informed Mr.  Scott of the need for a permit and that a variance would be necessary as there was insufficient set back distance from the entrance to the Hwy (State Rte 111).  Schlegel noted that the restaurant proper which has been in existence for many years is itself to close to the hwy. 

 

Mr.  Keller called on Mr. Scott.  Mr. Scott stated that he was merely putting up an awning over the entrance for the convenience of his restaurant customers and that the awning would have no impact on the parking or any other impact on the egress or ingress to the property or the restaurant.

 

The Chair than asked if all Zoning Bd of Appeals members had reviewed the property.  All had.

 

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

Mr.  Detter moved to approve.     

 

MOTION:       Belke                                                  

           

SECOND:    Schofield         

                                                      

A roll call vote was taken:

 

Lynn Keller, Chair      Yes                              Rodell Behlke             Yes

 

Neal Detter              yes                                      

 

Ruth Ann Schofield      Yes                                 

 

The request was approved by a vote of YEA(s) 4            NAY(s)            0            Passed            x                      Failed

 

 

Item 3:  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.

 

Chairman Keller asked if there were any questions or concerns relative to this request.  Mr.  Ehlinger asked if the road frontage relative to the length of lot was not a discrepancy to the Twp Zoning rules.  Mr.  Herman and Mr.  Schlatter explained that it was not as it was being interpreted by Mr.  Ehlinger.  It was noted that should the “conditional use permit” be approved that the “conditional use” is only good for one home and that there already exists a home on this parcel.  Mr.  Keller called on Mr.  Baden.  Baden stated he intends to demolish the existing home. 

 

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

Mr.  Detter moved to approve.     

 

MOTION:       Detter                                                 

           

SECOND:    Belke    

                                                      

A roll call vote was taken:

 

Lynn Keller, Chair      Yes                              Rodell Behlke               yes 

 

Neal Detter              _yes__                                                        

 

Ruth Ann Schofield      Yes                                 

 

The request was approved by a vote of YEA(s) 4            NAY(s)            0            Passed            x                      Failed

 

Mr.  Baden then asked for variance to the frontage requirements for the purpose of constructing a driveway that would be shared as he intends to split the parcel into two parcels of greater than five acres each.

 

The following objected to the proposal.

 

Robert Schofield 15968 Campbell Rd,  James Ehlinger – 14074 Power Dam Rd,  John Carman – 13824 Harding Rd, Danelda & Lee Royal of 13236 Harding Rd.

 

Ms. Karcher,  Mr.  Schlatter and Mr.  Herman concurred that the property owner has the right to split his/her perperty into sections of five acres or greater and no one can stop that process.  They further, explained that Twp Zoning rules provide for restrictions as to what can be done or placed on the property.  This is impacted also by access.  In the case in question Mr. Baden needs approval to put in a driveway (access) that serves more than one parcel.  He dose not need approval to put in a driveway which will serve only one home so long as there is at least 150’ of property frontage along the public roadway.  So a variance to the Zoning code is a proper request.

 

Those in opposition noted that at least three other owners have tried to get permission to split this parcel and build more than one home on the parcel and all have been denied. 

 

It was noted that there was no written documentation presented that confirmed that statement.

 

Mr.  Schlatter noted that he had spoken with Mr. Baden and had given him his opinion that a shared driveway was not a good idea.  That type of situation generally ends up with a dispute between the two parties sharing the driveway.  Mr.  Schlatter also noted that once the variance is given and the shared drive is put in place it can not be changed. 

 

Mr.  Baden noted that there are at least four other shared driveway situations in Defiance Twp and at least one was approved within the last four years.  (the TimCor property off St. Rte 66.  this property is owned by Mr. Baden’s brother). 

 

There was continued objections to the proposal from all the neighbors who were present.  These objections were based on their interpretation of the zoning codes.  Mr.  Herman stated that, indeed, the Twp Appeals Bd had the power under their responsibilities to approved a variance.  Mr.  Herman noted that it is not advisable to approve variances on a regular basis as this dilutes the value of the zoning codes.

 

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__                                    Ruth Ann Schofield      No                                   

 

The vote was tied.

 

Mr.  Detter requested an “executive session” to discuss possible litigation relative to this issue.

 

A motion was made by Detter

 

Mr.  Belke seconded

 

The Appeals Board requested that its Attorney Mr.  Herman and Mrs. Karcher and Mr.  Schlatter join them in executive session.

 

The group returned from executive session.  Mr.  Keller asked if there were any proposals to resolve the Baden request for the variance relative to lot frontage. (150’ needed for a driveway to serve one home on the property.  Mr.  Baden plans to split the property and have one driveway to serve both parcels.  The variance is to allow for one drive to be shared by both parcels)

 

Mrs.  Schroeder proposed to deny the Baden request for this variance.

 

Mr.  Belke seconded.

 

The Chair called for a roll call vote.  A yes vote would deny the request.

 

A roll call vote was taken:

 

Lynn Keller, Chair      No                                Rodell Behlke             _Yes

 

Neal Detter                No                                Ruth Ann Schofield      Yes                                 

 

The request to deny was tied   YEA(s) 2            NAY(s)            2            Passed                          Failed

 

Having failed to reach consensus for the second time;  the issue was to be tabled until an Appeal Bd meeting with five voting members could be arranged.  The Chair set Tuesday April 4th at 7:00 p.m. as the time for this session.  The Zoning Appeals Bd’s Attorney,  Mr. Herman,   was asked if additional notices had to be posted for this session.  Mr.  Herman stated no-- that this was merely a continuation of this session and all interested parties were apparently in attendance and are aware of the next public session that will again hear this issue.

 

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)       4                NAY(s)        0               Passed                   X               Failed

 

The meeting adjourned.

 

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