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.