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Cluster decision hit from both sides
(by Joan Demirjian - September 24, 2008)
Cluster decision hit from both sides
By JOAN DEMIRJIAN
At least two appeals by residents have been filed to challenge the Bainbridge board of zoning appeals decision on a cluster subdivision plan off Savage Road.
Voproco Properties Ltd. is planning a development on 50 acres between Savage Road and Tulip Lane, which is off Chillicothe Road (Route 306). Voproco had sought approval for 33 houses, after previously seeking 49 units. The property is zoned for three-acre residential lots, which would permit 16 houses.
Last June, after a series of hearings on the matter, the board of zoning appeals approved 22 houses for the site.
Following that decision, Voproco filed an appeal in Geauga County Common Pleas Court. The developer is challenging the constitutionality and authority of the board of zoning appeals decision.
Now, residents living adjacent to the proposed subdivision are taking issue with the number of houses approved by the board of zoning appeals. They said the three-acre-lot zoning should be upheld.
Joseph and Jeanette S. Oberle, of Tulip Lane, have appealed the decision that allows 22 houses to the Geauga County Common Pleas Court. Of the 50 acres, only 40 acres can be built upon due to protected wetlands, they said in the appeal. The Oberles also questioned if the board of zoning appeals took into account the general welfare of adjacent property owners.
Savage Road resident George Quay also is appealing the decision. His appeal claims that the decision causes additional danger to the community by adding considerably to water-runoff problems in the McFarland Creek watershed. The arbitrary placement of two water-retention basins without any attempt to size them further magnifies the problem, increasing the danger to the surrounding community, according to his appeal
The board of zoning appeals decision also does not take into consideration that the Environmental Protection Agency has given the McFarland Creek watershed the highest rating as a cold-water habitat and the effect development outside of current zoning rules will have on the environment and natural resources preservation, according to the suit.
Mr. Oberle told Township Trustees last week that the 50 acres is not conducive to large-scale development. He said there are ravines, wetlands and streams on the land.
Trustee Matthew Lynch said it is a board of zoning appeals decision and a legal matter. "This board has no influence over the process," he said of Bainbridge Township Trustees.
At last week's meeting, Mr. Lynch also said he cannot have direct involvement because of a family relation in the matter. "I have to bow out," Mr. Lynch said, to avoid a conflict of interest or impropriety. He then left the meeting while the matter was discussed.
Mr. Oberle said he hopes the township defends its zoning to the fullest. "We're saying 16 lots fits our zoning today," he said. A sanitary sewer line and Geauga County waterline run through the property, but that doesn't mean they are accessible to the development, he said.
"I just think there are a lot of holes in the plan," Mr. Oberle said of the Voproco proposal. "I'm concerned about loss of lot size. We'd appreciate anything you can do to stand by us. We'd like to meet with you."
The case is in the appellate court, Trustee Jeffrey Markley said, and the township cannot overturn the board of zoning appeals decision.
Trustee Linda White said she would like to talk to the Geauga County Prosecutor's Office before any meetings are set. She said she deliberately did not attend the board of zoning appeals hearings so as to remain out of the matter. However, she said, trustees can listen to residents' points of view.
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