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Court shuts down steel business in residential area
(by Joan Demirjian - July 14, 2010)
Court shuts down steel business in residential area
By JOAN DEMIRJIAN
Auburn Township has been successful in closing a business operating in a residentially zoned area.
Geauga County Common Pleas Court Judge David L. Fuhry turned down the request by Taylor May LLC and Summit Steel Corp. to operate in the residential neighborhood.
The sale of steel did not meet the criteria of a home occupation, township Trustee John Eberly said.
Taylor May LLC and Summit Steel Corp. are located at 11545 Taylor May Road, west of Ravenna Road (Route 44), in the residential district.
The two entities had appealed to Geauga County Common Pleas Court a decision by the Auburn board of zoning appeals in October 2009.
At that time, the zoning board voted not to grant Ross and Jason Bushman a variance from the residential uses for a commercial business.
Public hearings were held on the matter in August, September and October 2009 by the board before the decision was made.
The business owners claimed entitlement to a variance, because the previous owner used the structure for a business.
After the decision by the board of zoning appeals not to grant a variance, Chardon attorney Daniel E. Bond filed the notice of appeal on behalf of the business owners in Geauga County Common Pleas Court. The appeal said the township decision was "unconstitutional, illegal, arbitrary, capricious, unreasonable and unsupported by a preponderance of substantial, reliable and probative evidence on all issues." The appellants said township zoning was unconstitutionally discriminatory and was selective enforcement of the Auburn Township zoning resolution.
"They had a business in a residential area," Trustee Mike Troyan said. They then lost in court within the last two weeks, he said. "We agreed to give them time to move out. We discussed it with the prosecutor, and it's not an unreasonable request."
The owners have until Dec. 31 to vacate the building in which they have been working.
"We want to enforce the zoning, but it would be difficult to move a business overnight, so we have given them time to find a space someplace else," Mr. Eberly said.
The case shows that the township does defend its zoning," he said. "It was clearly a violation of the zoning, and they knew it and did it anyway for a year."
The owners had applied for a variance and were denied. "Zoning takes time to go through the steps, but we did it," Mr. Eberly said.
He called Auburn Zoning Inspector Frank Kitko "the dean of zoning inspectors" for his work and efforts.
Mr. Kitko said a steel sales business was being run out of a residential accessory building. "There are five to six salesmen, and it's not permitted in a residential area," he said.
He had advised the owner of the property when it was bought that it could not be used for a business, Mr. Kitko said.
After he cited the owners, the appeal was made to the township board of zoning appeals for a variance. When the board turned it down, the owner appealed, and the judge ruled in the township's favor, Mr. Kitko said.
"The BZA was upset that it was done after I told the business owners it was not permitted," he said.
There are four to five employees and a bank of telephones, Mr. Kitko said. "We saw the cars and phone lines.
"It's the principle of the matter," he said. "It is doing something that is not permitted."
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