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March 28, 2016

Harrison Township Zoning Appeals Board

Meeting Minutes

March 28, 2016

The Harrison Township Zoning Appeals Board held a meeting to review and vote on an Application for Variance filed by Chad Havens on Monday, March 28, 2016.  The meeting was called to order by Chairman Leah Black at 7:00 PM.

Present were:  Leah Black, Peg Egbert, Frank Miles, Kenny Cookson, Buck Spangler, and Debi Hulse.  Doug Czako was absent.  Also present, were Chad Havens and Ellen Havens.

Debi read the Legal Notice which was published in the Circleville Herald, Section 8.01 from the Zoning Rules, a letter from Doug Czako, Zoning Inspector, stating his participation to date with this Variance and the Application for Variance from Chad Havens.

Chad Havens spoke as to why he applied for the Variance.  He stated that it was a unique situation.  The lot is a triangular shaped lot with the widest part in the back.  There is about 15 acres.  He would need to have it surveyed for the lot to be divided.  The lot for his house would be between 2 – 5 acres.

Buck asked how long the proposed driveway would be.  Chad answered that it would be approximately 400 feet depending on where and how the lot will be divided.

Leah asked where the driveway will be.  Chad answered that there are 2 options.  Option 1- To obtain an agreement for a right of way from Cromley’s grandson and use the existing driveway.  Option 2 – To put the driveway beside the existing drive.

Buck state that the Zoning Ordinance calls for 200 feet of road frontage for each home.  Chad would have only 90 feet for the driveway.

Leah stated that Chad had talked with Joe DeFelice while he was Zoning Inspector and had met with Doug Czako recently.  She stated that both told Chad that it did not meet criteria and could not be given a permit. 

Buck clarified that the access to the property would be 90 feet for the lane and then be wider at the actual lot.

Chad stated that he didn’t know the rules on road frontage had changed in 2012.  Before the rules stated that he needed 150 feet of road frontage.  Before 2012, there would have been enough road frontage since the whole lot has 310 feet.  He met with Doug and Doug told him about the Zoning Appeal process.  Doug informed Chad what he had to do for the Variance.

The Zoning Appeals Board discussed the situation.  The property does not meet the requirements for road frontage.  There is no hardship.  In other cases, less than 200 feet of road frontage have been denied.  It is a Flag-shaped lot.  When the property was purchased, zoning rules were different.  150 feet of road frontage was needed for each residence when the property was purchased.

Chad gave his final comments to the Board:  He understands what the rules are and the way the rules are written, but that is why we have an appeals board to make exceptions.  He feels he has met the rules to receive a Variance.

Peggy Egbert moved, “I move that we do not allow the Variance.”  Frank Miles 2nd this motion.

The Vote:

Leah             To not accept the Variance

Kenny           To not accept the Variance

Frank           To not accept the Variance

Buck            To accept the Variance

Peggy           To not accept the Variance

The Variance has been denied for reasons of the guidelines set in Article VIII, Section 8.01 – Powers of the Board of Zoning Appeals.

Frank has stated that he works for Harrison Township and that he must follow the rules.

Ellen Havens asked if there was a next step.  Leah informed her that there was a next step.  She can talk with Dough and file an appeal through the Court of Common Pleas.

Kenny moved to adjourn the meeting.  2nd by Buck.  Meeting adjourned.