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Bainbridge committed to zoning, trustees say
(by Joan Demirjian - January 21, 2010)
Bainbridge committed to zoning, trustees say
By JOAN DEMIRJIAN
Bainbridge Trustees assured residents Monday that the township is adhering to its zoning.
Resident Joe Oberle expressed concerns about zoning, along with the elimination of one of the zoning-inspector positions. Supporting three- and five-acre lots is a great concern to residents, he said. He questioned if trustees will continue to support a legal defense fund for zoning issues.
"We will continue to support the fund for legal defense," Trustee Jeff Markley said.
"We need to augment the legal defense fund with proactive planning, and that could mean studies to support the zoning commission in research they want to do," he said.
"When we take a look at properties, or areas of the township, we should not wait for the developer to show a plan and then fight it. We should be doing risk assessments, which is part of the process," Mr. Markley said.
He also noted that the zoning-inspector position was not eliminated when the trustees did not reappoint former Inspector Michael Joyce. "It's alive and well and will continue to be," he said of the position being served by Shane Wrench.
Trustee Lorrie Benza said the township has great resources at the county prosecutor's office and, in many cases, hires outside legal counsel to support the township zoning.
And the zoning commission is looking at stronger enabling tools to oversee the zoning, she said. "The zoning commission is working hard, and, as liaison to the commission for the trustees, I will encourage them," Mrs. Benza said.
"We need to defend the zoning in an aggressive way," Trustee Matt Lynch said. The trustees have used the legal defense fund to make sure Bainbridge is "prepared to do battle. It is important to be clear we expect them to take a similar position," he said of the zoning boards.
Trustees want to stress to the board of zoning appeals and zoning commission that they want the zoning defended, with strict enforcement of the zoning, Mr. Lynch said.
The zoning commission makes the rules "and we should allow the zoning commission to do their job," Mr. Lynch said. "Creative zoning" should not be used, which invites attacks for developers.
Zoning should be defensible, but not so pliable that it allows manipulation by developers, he said.
He said the township must be careful not to "implement and promote unauthorized zoning concepts, that don't exist in our zoning code.
"We have to defend our zoning," Mr. Lynch said. "Our large-lot zoning is defensible in great part to the lack of sewers and water. We want to be careful of the encroachment of water and sewer lines that can weaken our zoning."
Mr. Oberle said, "Most people in this community want it the way it is today, and not a Solon."
The zoning appeals board should know trustees' expectations so they are prepared when developers come in to challenge the zoning. He recommended trustees spend township dollars where they are needed, referring to zoning issues.
Mrs. Benza said as liaison for the trustees to the zoning commission, she will be talking to the commission to learn about the status of drafts they have compiled to strengthen the zoning, she said. "There is a lot the zoning commission is working on.
"And if we need to look beyond the services of the Geauga County planning commission, there are many options available, including professional planners and planning firms, land-use departments and colleges and universities," Mrs. Benza said.
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