[ back ]
Cluster-housing plan besieged by lawsuits
(by Joan Demirjian - November 19, 2008)
Cluster-housing plan besieged by lawsuits
By JOAN DEMIRJIAN
A second lawsuit was filed last week over a proposed cluster subdivision on 50 acres off Savage Road in Bainbridge.
Voproco Properties Ltd. had appealed to Geauga County Common Pleas Court following a Bainbridge board of zoning appeals decision last June that reduced the number of houses Voproco had requested for land that extends from Savage Road to Tulip Lane, off Chillicothe Road (Route 306). The company filed a second suit last week in common pleas court in Chardon, augmenting the first one.
Voproco had sought to build 33 houses on the property, which is zoned for three-acre residential lots. The original request was for 49 houses and was revised to the lower number.
The property, which includes wetlands, ravines and streams, is zoned for three-acre lots, which would permit up to 16 houses.
Voproco and builder Mark Iacona noted in hearings before the board of zoning appeals that the property has access to a Geauga County waterline carrying Cleveland water and to sewers. Large-lot zoning is supported by the lack of sewers and water, but, in this case, the utilities are available, according to Voproco attorney Gary Werner.
After hearings and deliberations, Bainbridge board of zoning appeals members ultimately granted 22 houses.
Trustee Matthew Lynch said Voproco filed a second lawsuit last week, appealing the board of zoning appeals ruling last June. It is a separate suit from the one the company filed in July, following the board of zoning appeals decision.
Mr. Werner said they followed up last week with the second suit, because of constitutional issues in regard to the township's zoning regulations.
"I think the main problem in Bainbridge is that they have failed to zone for residential uses in accordance with the comprehensive plan," Mr. Werner said. "The failure is to address residential development with sewers and water."
Those who want to develop with a higher density of houses when sewers and water are available are forced to go to the board of zoning appeals, Mr. Werner said. The township makes a decision on an "ad hoc basis," instead of a comprehensive plan, he said. "It's piecemeal."
Even if sewers are available, it does not mean that a property is entitled to higher-density development, township Trustee Jeffrey Markley said.
The Voproco property has riparian setback issues, he said.
The sewer line is a forced main, and Gus Saikaly, director of the Geauga County Department of Water Resources, has said there is access, but it is technically impractical.
Some residents near the Voproco land are opposed to the board of zoning appeals decision for a different reason.
Two appeals to challenge the board's decision were filed in Geauga County Common Pleas Court last September. Joseph and Jeanette Oberle, of Tulip Lane, and George Quay, of Savage Road, are seeking to keep the three-acre-lot zoning in place.
The Bridgeway Estates Homeowners Association also submitted a petition to Bainbridge Trustees in October, requesting the township to enforce its three-acre-residential-lot zoning.
Bridgeway Estates, a cluster development built to the three-acre zoning, includes McFarland Creek, its tributaries and wetlands. It has waterways that drain runoff from the Voproco land into a tributary that runs through eight of the 19 lots in Bridgeway Estates. The owners of the properties and the association attend to annual bank erosion and repair and dredging of holding ponds.
"Consistency of development strengthens home values, demonstrating to buyers that local government respects and upholds zoning," the homeowners petition said.
They observed that a survey of residents in 2004 showed there was a mandate to retain the rural atmosphere of Bainbridge.
The homeowners noted that Voproco's requested variances would devalue Bridgeway properties, and run-off water damage would be increased by the extra houses, driveways and street area. The increased density of houses, as proposed by Voproco, would change the character of the neighborhood, they said.
"Enforcement of R-3A zoning will send a message to residents and prospective buyers that Bainbridge Trustees will protect property values by maintaining the rural character of the township and protecting the many properties along its watersheds," the homeowners said. It is critical to preserving the township's tax base, they said.
[ back ]
