MINUTES
DEFIANCE TOWNSHIP ZONING COMMISSION
08-29-06 MEETING
DATE:
Tuesday, August 29,
2006
LOCATION:
VFW Post 3360 – Defiance, Ohio
TIME:
6:00 P.M.
The Defiance
Township Zoning Commission meeting was called to order by the Chair – Mr.
Richard Wagner. The Chair
instructed the clerk to called the roll. Answering
as present were: Zoning Commission members Richard Wagner - chair,
Randy Wilde and Paul Zipfel. There
being three of five members present a quorum was declared.
Marked as absent – unexcused were Board members Roy Perez & Wayne Schaffer.
Also absent were alternates Tom Mick & George Decker.
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 members: Lynn Keller & Ruth Ann
Schofield & Russ Herman ESQ. of the Defiance Twp Prosecutor’s Office.
Visitors present:
James Ehlinger – 14074 Power Dam Rd, John
& Bonita Carman – 13824 Harding Rd, Joe & Deb Arreguin 14587 Williams Rd,
Virginia Hill 14529 Williams Rd, Diane Dart-Baden 44131 Warren Rd,
Ann Limber 14811 Power Dam Rd, Richard
Matney III & Kathy Matney 14375 Williams Rd, Dave
Kaufman 14463 Williams Rd, Neal Fleming 14415 Williams Rd,
Mike Simons 20408 Kiser Rd, Mike Sim
2240 Power Dam Rd, Jerry Baden 21234 Powers
Rd, Robert Baden 49131 Warren Rd, Camton,
Michigan, Mark Warncke of the Clemens, Korhn, Liming & Warncke, LTD - Attorneys at Law
of Defiance, Sheila Gallagher 14637 Williams
Rd, Denise Lange 1600 S. Clinton St.
– arrived late & JoEllen Houck of 8 Deville Drive,
Defiance, Ohio.
Chairman Wagner
instructed the visitors to sign in on the sing in sheet needed for the minutes of the
session.
The chair then asked
for comments pro or con to item #1 on the agenda.
Item 1:
Request
of Jerry Baden of 21234 Powers Road,
Defiance, Ohio,
43512 to rezone a parcel of land from
agricultural to residential. The
parcel is thirteen (13) acres more or less and is located at 13868 Harding Rd. Said parcel of land being in the Southwest quarter of Section 3 –
parcel ID B11003001603 in Defiance Township, Defiance County, Ohio.
Information
distributed included:
a.
copy of application for re-zoning –
b.
Defiance County Soil & Water review report with an aerial photo
c.
A no objection letter from Defiance County Planning Commission.
The Commission per procedure reviewed the proposal at its monthly meeting and
provided comment to the Zoning Commission.
In the agenda the
clerk noted to the Zoning Bd members that he had received a phone
call from John Zarins of Charleston SC. Mr.
Zarins is a co-owner of property adjacent to the Baden property.
Mr. Zarins stated he had no objections to the application.
The chair recognized
John Carman of 13824 Harding Rd. Mr. Carman stated he
was opposed to this proposal as it was his opinion that Mr. Baden’s proposal to build
two new homes on this property would lower his property value (Carman’s residence is
adjacent to and on the north side of the Baden property).
Further, Mr. Carman stated that this issue has gone on for months & it seems
you (the Twp) keeps changing the laws.
Mr.
Ehlinger – 14074 Power Dam Rd, was
then given the floor. Ehlinger asked why
there was a need to change the zoning. The
property already had a “conditional use permit” for the construction of a home.
Mrs. Carman also opposed the re-zoning
request concerned that Baden while doing work presently on the property had obstructed
water drainage and built an access drive on to the property within three feet of their
property line.
Mr.
Baden was granted the floor: he noted
that the access drive is only temporary and if the re-zoning is granted he will be
required to construct a road to County engineer standards as he proposes to acquire
approval from the County Planning Commission for a two house sub-division. He will be required to meet all County regulations.
He also contended that the temporary access road is the proper distance from the
property line.
Mike Simons -20408
Kiser Rd, was recognized. He stated that it
was his view that there was plenty of room (13 acre parcel) to build two homes on this
property. His comments were in support of the
re-zoning request.
Mr.
Marc Warncke – Attorney for Mr. Baden
was given the floor: He said the purpose of
Zoning is to ensure the highest and best use of the property.
Mr. Baden will be constructing two
homes on this property if Mr. Baden’s plan
for a two home subdivision meets requirements of the County Planning Commission.
This construction will increase the value of the property as the land is currently
not farmed it is obvious that this proposal is the highest and best use of the parcel.
Chairman Wagner
after hearing all comments requested a motion for the approval or denial of the request.
MOTION:
Mr. Wagner to
approve
SECOND: Wilde
The Clerk
called the roll :
Roy Perez
ab
Randy Wilde
yea
Paul Zipfel
yea
Wayne Schaffer
ab
Richard Wagner
yea
YEA(s)
3 NAY(s)
0
Passed x
Failed
The motion to
recommend rezoning the parcel to the Trustees passed.
The Chair then
called for comments pro or con to item two on the agenda:
Item 2: A
Request of
Denise Lange 1600
S. Clinton Street, Defiance,
Ohio, 43512
to rezone a parcel of land from residential to agricultural.
The parcel is seven (7)
acres more or less and is located on the west side of Williams Road in the southeast
quarter of Section 10 in Defiance Township.
Said parcel of land being in parcel ID B110010001502 in Defiance Township, Defiance
County, Ohio.
Information
distributed included:
1)
copy of application for re-zoning –
2)
Defiance County Soil & Water review report with an aerial photo
3)
A no objection letter from Defiance County Planning Commission.
The Commission per procedure reviewed the proposal at its monthly meeting and
provided comment to the Zoning Commission.
Discussion:
All citizens
present who were recognized objected to the property owners proposal to construct a new
home on the parcel in question. Their objections were based on their observance of the property which
has in their opinion not been properly cared for. There
were issues raised of lack of debris control, rats etc.
Most of these issues were with a parcel adjacent to and south of the parcel being
addressed at this hearing. Mrs. Lange is a
co-owner of the adjacent parcel and sole owner of the parcel for which this hearing is
being held.
Many concerns
were raised about the proposal to build a home on this property.
However, the Zoning Chair pointed out
that the concerns being raised do not fall under the authority of this Bd. The question before the Board at this hearing is simply whether or not
to grant the applicant’s request to re-zone the property from its present residential
– r-1 status to agriculture or not.
Mrs. Schofield
was recognized and stated that this property was unintentionally zoned residential and
that it should be agriculture. Mr. Russ Herman of the
prosecutor’s office was given the floor. Mr.
Herman stated it would be proper to re-zone back to agriculture if the Zoning
Commission wished, or the Commission could deny the request.
Chairman Wagner
after hearing all comments requested a motion for the approval or denial of the request.
MOTION:
Mr. Wilde
to approve
SECOND: Mr.
Zipfel
The Clerk
called the roll :
Roy Perez
ab
Randy Wilde
yea
Paul Zipfel
yea
Wayne Schaffer
ab
Richard Wagner
yea
YEA(s)
3 NAY(s)
0
Passed x
Failed
The motion to
recommend rezoning the parcel to the Trustees passed.
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.
Zipfel
YEA(s)
3
NAY(s)
0
Passed
X
Failed
The meeting adjourned.