ZONING COMMISSION

MINUTES

September 29, 2009

ZONING RESOLUITION REVISIONS (Working session)

 

Attendance:                Ed Metzger                 Allen Gress

                                    Larry Marks                Keith Lasure

                                    Lisa Shafer                 Sharon Shaub

                                    Regan Starkey             Bill Ehlers

                                    Dale Riggenbach

                                   

           

 

Chairman Ed Metzger called the meeting to order at 7:00pm

Ed noted for the record the board members that were present.

(Metzger, Marks, Starkey, Ehlers and Riggenbach – alternate)

 

Bill Ehlers asked Keith if the funds to cover the zoning book amendments had been approved.

Keith noted that yes the trustees approved the funding for this.

 

Larry Marks noted that tonight’s meeting was called at the request of Lisa Shafer involving land owners on Pilot Knob. Larry asked Lisa Shafer to review the circumstances surrounding this issue.

 

Lisa stated she and Keith have received several calls regarding an ongoing issue involving an RV being parked on an “empty” 13 acre parcel adjacent to a residence located on 8646 Pilot Knob.

Lisa noted that the property owners of the residence on Pilot Knob, (who are present tonight)

have asked the Township to do something about this camper being left there on the adjoining parcel for them to look at.  The home owners feel this property was intended to be used not as a camp ground, but as a home site.  Lisa noted that there currently are no regulations in our zoning book to prevent this situation, and she asked the zoning board to consider the situation, and see what could be done.

 

Keith noted that the RV is not leaving the property on any regular basis. Keith also noted that since this is an RV, and everything is self contained, it does not fall under the same restrictions as a “Mobile home”  Keith presented the board with several pictures he had taken of the RV and the property in relation to the home owners next door.

 

Ed asked Keith if the RV was licensed.  Keith noted it was licensed to the owner of the 13 acre property on which it is sitting.  Keith noted he has been there a number of times and found no evidence of any “waste” or “gray” water being discharged on the property. Keith noted he has spoken to the owner of the RV about the situation being perceived as an eye sore to the neighbors. The home owners noted to Keith that shortly after that conversation, the home owner’s mail box was damaged.

 

Larry asked if the Sheriff was called regarding the mail box incident.  Keith stated he didn’t believe so.

 

Bill Ehlers asked “what are we being asked to do here.”

 

Keith noted there is nothing in the book (Nimishillen zoning resolution) preventing someone from setting up a camper and doing exactly what this guy is doing.  I’ve met with the Health department and they’ve told me there is nothing they can do. I’ve contacted the Prosecutors office and they’ve told me there is nothing “illegal” here. I’ve contacted regional planning and they have told me the same – there is nothing they can do; it’s perfectly legal.  We would like the board to consider the matter and see if there is anything we can put in “the book” to help prevent this in the future.

 

Larry Marks noted that he had reviewed the Parcel information from the County Auditors office and noted the 13 acres with the RV is zoned Agricultural. Larry showed the board the data sheets for both parcels, and noted there is nothing we can do to prevent this.  Larry noted it wouldn’t matter what we put in our zoning regulation as it would not apply to this property that is zoned agricultural.

 

Ed Metzger also noted, even if we could, why would  we attempt to tell this land own what he can do with his property.  He paid for it. If this was my property I would want to be able to enjoy the acreage just as the owners are attempting to do here.  I don’t see anything wrong with this.

 

Tony Mucci step to the podium, and identified himself as the home owner on 8646 Pilot Knob.

He noted he has been a township resident for apx thirty years, and bought the property in this area on Pilot Knob, and has built a nice home on the property.  Tony noted he pays a good bit in taxes every year to the township, which he has no problem with, but he expected his neighbors would do the same. Instead he has an “eye sore” to look at out his back window every day.  Tony stated he has read our zoning regulations, and thought this was covered under the

guidelines for mobile homes.  He now finds that this is not the case because this is classified as an RV. 

 

Regan Starkey asked Tony apx how far from your house is this RV.  Tony estimated it to be apx 250 to 300 yards.  Tony then presented the board with a picture looking out his back window that showed the RV sitting in the distance, visible from his house.  Tony noted this is what we have to look at every day.   Tony stated he wants his rights protected so he can enjoy the property and home he has worked to build.

 

Ed noted we can’t take away the owner of the 13 acres rights to enjoy his property because you can see his RV from your window.  Tony noted that “he’s taking my rights to enjoy my property” by  parking it there.

 

Keith noted the issue is that this 13 acres is zoned Agricultural which means our hands are tied when it comes to over seeing what he does out there.  Keith pointed to page 5 of the Zoning Resolution and noted the section 310.1 Agriculture Exempted section.  Tony then asked where he could find the rules for Agricultural zoning.

 

Larry noted that Tony would have to refer to the Ohio revised code section for agricultural uses.

Larry also noted that property over 11 acres generally falls into this agricultural category.

 

Ed asked Tony if there were any deed restrictions on the property when it was split up and sold.

Tony noted he wasn’t aware of that, but would be checking in to this to see if any were there.

 

Keith also noted he would look into the matter, and see if there were any deed restrictions placed on this property by BK builders.  Keith also noted he would check with the soil and water commission for some trees, and offer them to the land owners as a potential “blind” for the RV.

Bill Ehlers made a motion to table this issue indefinitely, but Sharon noted this was a Working Session, and there was no proposal or amendment presented to table. Bill withdrew his motion.

 

Lisa stated that since there was little the board could do in this matter that She and Keith would approach the owner of the RV, and see if there was anything they could work out as a resolution to this matter. Lisa also noted the deed restriction was a good avenue to pursue as well, and thanked the Board for their input.

 

Ed asked the Board if there was any old business needing discussed. Nothing was brought forward.

 

Regan made a motion to adjourn. Bill seconded the motion.

 

 

 

The Working session was closed.

 

 

 

 

 

          Edward Metzger,  Chairman                                                                                                                                 

 

                                                                                                                         Larry Marks, Secretary