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Nursery operation strains neighborly relations
(by Joseph Koziol Jr. - April 21, 2010)
Nursery operation strains neighborly relations
By JOSEPH KOZIOL JR.
The rights of two neighbors clashed last week in Munson Township over the use of residential property for an agricultural business.
Cynthia Thorson, of 12737 Ravenna Road (Route 44), appeared before Township Trustees to ask what could be done to eliminate an "eyesore" that she believes was created with the start-up of a nursery. "I have no rights, and she has all the rights," she said of a neighbor.
For 30 years, Mrs. Thorson said, she has been able to look out her window and enjoy the view. She said now she looks out and sees plastic poles and sheeting used to construct a greenhouse. "I stand at my kitchen window, and all I see is plastic," she said. In addition, she said, a 20-foot-high pile of dirt is part of her view.
"Where does this end?" Mrs. Thorson asked. "Why does she have all the rights?"
Township Zoning Inspector Timothy Kearns said Mrs. Thorson's neighbor, Denise Muehlhauser, 12761 Ravenna Road, approached him about 1 1/2 years ago for a home-occupation permit. Because the goods would be produced on her property, he said, it fit the definition for a home occupation.
Mr. Kearns said Mrs. Muehlhauser returned later and asked that she be allowed to place a sign on her property. He said he told her that signs are not permitted for home occupations. But she told him she did not need his approval for the sign, because it's an agricultural use, which is exempt from township zoning, he said.
Mr. Kearns said he checked with the Geauga County Auditor's Office, which said Mrs. Muehlhauser complied with the law as an agricultural use, because she was able to produce $2,500 in receipts from sales at the new nursery.
Mrs. Muehlhauser, who was contacted after the meeting, said she was unaware that Mrs. Thorson was taking her case to the township.
She said it was Mrs. Thorson's husband who provided her with a telephone number to purchase the greenhouse. She said Mrs. Thorson actually encouraged her to start the business. She said Mrs. Thorson was upset after it was erected, believing it should have been placed back in a grove of trees. But Mrs. Muehlhauser said a greenhouse must be positioned in full sun.
She said she has tried to be a good citizen and neighbor. She said she has put in a berm and shrubs to screen her business from neighbors, and her sign follows township regulations, even though she did not need to.
She said she has no intention of creating an eyesore, because it would not be good for her business or the neighborhood. "I'm just a little guy trying to do something in this crazy economy." She said the business sells shrubs, perennials and small trees.
She and Mrs. Thorson have been good neighbors for the past 26 1/2 years, and she did not think her new business would upset her, Mrs. Muehlhauser said. "She was all gung-ho about the nursery."
Trustee Todd Ray said the township has little recourse in such a situation, even if it is not appealing for neighbors. "It's not a pretty picture that we can give you a sense of hope that we can solve this," he told Mrs. Thorson.
Mr. Ray said there is "ample case law" that defines nurseries as legitimate agricultural uses. "She is staking a claim as an agricultural use, and, as agriculture, she is exempt from zoning," he said.
He said it would be a difficult challenge for the township to contest established case law on the matter.
Mr. Ray said, even if the neighbors see the greenhouse as an eyesore, Mrs. Muehlhauser is protected under the agricultural exemption.
Mrs. Thorson said Mrs. Muehlhauser continues to erect more buildings on the property, and she fears what it eventually will look like. "I had no idea she was going to expand and expand, and it's such a mess," she said.
She questioned the receipts Mrs. Muehlhauser provided the auditor's office. "Anybody can write receipts," she said.
She asked whether there is a law regulating eyesores. "There seems to be a law for everyone but me," she said.
But Mr. Ray said aesthetics is not an area the township can regulate.
Mrs. Thorson said she was frustrated to hear the township's position. "You people are not being very helpful," she said. "If anyone had this next to them, this would change."
She said she consulted with an attorney who is a friend. He said her only avenue may be to look at nuisance laws under property rights or contact state Sen. Timothy Grendell, R-Chester, to see if anything can be done at the state level to change the laws.
Trustees said Mr. Kearns would look into what Mrs. Muehlhauser is selling and into the sign that's been erected.
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