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More insight sought into zoning exceptions
(by Joseph Koziol Jr. - November 04, 2009)
More insight sought into zoning exceptions
By JOSEPH KOZIOL JR.
Burton Township Trustees expressed hope Monday that more education will help the township's zoning board of appeals in future decisions after one of them reportedly divided a neighborhood.
Trustee Daniel Whiting said he hopes educational seminars offered through the Geauga County Prosecutor's Office will better prepare the board in providing conditional-use permits and variances in the township.
Mr. Whiting said the seminars that had been offered regularly but recently were discontinued might be the best option for new board members who want to familiarize themselves with legalities of providing exceptions to township zoning regulations.
Mr. Whiting said he reached that conclusion after discussing a conditional-use permit approved by the zoning board in March for a small-engine repair business to Mervin Miller on Georgia Road.
Dave Zeigler, chairman of the zoning appeals board, had been invited to the meeting so tht trustees would have a better understanding of how the board reached its decision on approving the business.
A month ago, Kurt Updegraff, a neighbor of the business, appeared before trustees to register a complaint with the business, questioning whether the township should have granted the conditional-use permit.
Mr. Updegraff cited a clause in the township zoning code that said the business should be permitted to only sell items that are produced on the property. But, he said, the business is having items shipped to the business for sale.
The code also calls for the business to be operated out of the home, but the Georgia Road business is using a shed for business. "It's in black and white in your code," he said.
Mr. Updegraff told trustees that he no longer would lodge complaints about the business because it was dividing what had been a peaceful neighborhood.
"You won't hear any more about this from me," Mr. Updegraff said. "It's bad for Mervin, it's bad for me and it's bad for the people in this township who rely on zoning."
Mr. Zeigler said that the board based its decision on testimony given to the board and its discovery of facts surrounding the issues. "It was based on the information we had," he said.
He said the board is often faced with situations that are not clearly defined. "Nothing fits into a nice little box," Mr. Zeigler said.
Township Zoning Inspector Rob Pealer said he has attempted to address neighbors' complaints with Mr. Miller and has gotten cooperation.
One complaint from neighbors was that semi-tractor-trailer trucks, making deliveries would park on the street. Mr. Pealer said Mr. Miller told him that when he said no parking would happen on the street, he was talking about customers, not delivery trucks.
However, Mr. Pealer said, Mr. Miller agreed to have the trucks now pull onto his property to make future deliveries. In addition, Mr. Miller agreed to remove a trash container and fuel tanks that had been the source of complaints, Mr. Pealer said.
In addition, Mr. Miller moved a shed to the back of his property where items are being produced, Mr. Pealer said. He said trees also have been planted to screen a front-yard parking lot.
Mr. Pealer said he spoke with a Geauga County assistant prosecutor about the issue. He said the opinion was that the township could not revoke its permit for the business. And, he said, the 60-day period for appealing the zoning board's decision had expired.
The zoning board will be able to review the permit again in about 1 1/2 years to determine whether it should be continued, he said.
Trustee Louis Mucci said he was pleased that Mr. Miller was attempting to address neighbors's concerns. "It seems like he addressed their concerns," he said. "Pulling the trucks off the road is a big thing."
Mr. Pealer said it has been difficult trying to work with Mr. Miller because the zoning board did not set any conditions on the business when it gave approval. However, he said, Mr. Miller has been cooperative in everything asked of him. Mr. Pealer said he also appealed to Mr. Miller to "have care" for his neighbors.
Mr. Zeigler said that the board had discussed the hours of operation as one condition on the approval, but they never were formalized with the approval.
Mr. Pealer said he had hopes that changes made by Mr. Miller will satisfy neighbors. "I think we can fix it," he said.
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