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'Friendly' lawsuit enables man to build new house
(by Joseph Koziol Jr. - May 26, 2010)
'Friendly' lawsuit enables man to build new house
By JOSEPH KOZIOL JR.
It's not often that public officials apologize to someone who files a lawsuit against them.
But Chardon Township Trustees did just that last week as they met with Matthew Eden, a Thwing Road resident.
"Sorry you had to go through this," Trustee Charles Strazinsky said.
Mr. Eden filed suit in Geauga County Common Pleas Court on May 11, appealing a decision by the township zoning board of appeals, which had rejected his application for a variance.
In this case, it was not an adversarial situation that brought the two sides into court.
Instead, it was case of two sides attempting to work out a compromise.
Mr. Eden planned to build a home at 10041 Thwing Road.
The problem, Mr. Strazinsky said, was that a home already exists on the lot where Mr. Eden plans to build that new home.
But, Mr. Strazinsky said, the township prohibits two dwellings on one lot. Because the township appeals board lacks the authority to offer a variance in that type of situation, it had no choice but to turn it down.
Mr. Strazinsky said Mr. Eden told the board that he planned to tear down the existing house, but, as the situation existed, the board could not approve the variance as long as the one house stood.
On advice from the Geauga County Prosecutor's Office, the township advised Mr. Eden to instead file a lawsuit. That would permit the township to establish the rules for Mr. Eden's construction of the new home, while safeguarding the township's zoning to ensure two homes are not built on one lot.
Last week, Township Trustees modified the final settlement.
The settlement calls for the existing house to be demolished within 30 days of seeing substantial completion on the new home.
Under the original settlement, Mr. Eden would have nine months to meet the substantial completion of the new home. But trustees said they felt that time period may be rushed and provided for a 12-month deadline to meet substantial completion.
Trustees also stipulated that at no time will both homes be occupied simultaneously.
Trustees are required to publish a legal notice, announcing the terms of the proposed settlement.
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