October 29, 2018
HARRISON TOWNSHIP ZONING APPEALS BOARD
Monday, October 29, 2018
The Harrison Township Zoning Appeals Board held a hearing on October 29, 2018 at the Harrison Township Building, 2746 Weigand Road, Lockbourne, OH 43137. At 7:00pm.
The hearing was called to order by Chairman Leah Black at 7:00pm. Present were: Leah Black, Peg Egbert, Frank Miles, Kenny Cookson, Buck Spangler, Debi Hulse and Dale Hoover. Also present were residents: Mike & Danielle Tourtellot, Amber Hunt, Kim Arledge, Freddie & Lisa Tomlinson, Lisa Mollohan, Melissa Parslees, Jenn Haines, Reene & Robert Gonzalez, David Schiff, Allison Phillips, Beth Daniels, Gary Griesenbrock, Stacy Salmons, Mark Salmons, Darlene Johnson, Mike Johnson, Jesse Curcillo, Ruth Eberts, Ed Eberts, Randy Holland, Kimberly Holland, Susan Fortier, Annette Riley, Rick & Amber Justus, and Jo Ellen Irwin.
Debi Hulse, Secretary, read the hearing procedures. She stated that tonight’s hearing would be taped. She stated that each person would have a 3 minute time limit to speak.
Dale Hoover, Zoning Inspector, explained the Complaint. He gave background on his original decision. Mike and Darlene Johnson, 13549 Hoover Road, Ashville, OH, were concerned about horses being stabled at the residence of Mike and Danielle Tourtellot, 13525 Hoover Road, Ashville, OH. Dale referred to the Township’s Zoning Code regarding Farm Residential residences. He read Article 13.07 and Articles 27.01 Sections A & B. These are from the Ohio Revised Code (ORC) 519.21B. Dale Hoover also talked with Jayme Fountain at the Pickaway County Prosecutor’s Office. Jayme Fountain determined that Animal Husbandry’s definition was the reproduction of animals. Under Section 27.01 B, residents are allowed to have horses or farm animals. Dale Hoover’s decision was to allow the stabling of horses at 13525 Hoover Road, Ashville, OH.
Mike and Darlene Johnson filed a Complaint asking for a reversal of the Zoning Inspector, Dale Hoover’s, decision. They also added that the residents, Mike and Danielle Tourtellot were operating an Animal Adoption Business on their property.
Darlene Johnson spoke to the Board. She read her complaint and stated her evidence and exhibits in the Complaint. Darlene Johnson disagrees with Dale Hoover’s interpretation of Articles 27.01 Section A & B. She also stated that they had a Deed Restriction, filed 9/12/01, stating that no farm animals would be allowed on the properties. The property in question is 2.1 acres. Darlene Johnson stated that no horses should be allowed. She stated that there was a precedent in May, 2013, when residents were ordered to remove donkeys from their property.
Darlene Johnson brought up the subject of the Animal Adoption Business operated by Danielle Tourtellot. Darlene stated that the animals are adopted out for a fee. Dog food is also delivered and stored outside. There is a neutering unit (Rascal Mobile Unit) that is parked at the residence several times a year. Darlene Johnson disagreed with Dale Hoover’s interpretation of 27.01 B.
Chairman Leah Black asked if anyone from the audience would like to speak.
Lisa Mollohan asked for the definition of Animal Husbandry.
Gary Griesenbrock questioned if DASH Rescue was a business. He understood it was a non-profit.
Kim Holland spoke about the business for pets. There is a cost. It is not for profit. Darlene Johnson answered that Danielle Tortellot receives government grants to fund her business.
Buck Spangler, Zoning Appeals Board member, spoke up and said that the Board needs to hear facts.
Danielle Tourtellot explained what the DASH Rescue is. She rescues dogs and adopts them. It is a non-profit.
Beth Daniels volunteers with the rescue. DASH does not make a profit. There is never a surplus of money. The adoption fees don’t necessarily cover the vet bills. She stated that Mr. & Mrs. Johnson complain and are trying to destroy the rescue.
Amber Hunt helps write grants. There has been 1 grant for $3,000 granted. Amber was responsible for bringing the Rascal Unit to town. Danielle Tourtellot brought the Rascal Unit to her house. The Rascal Unit is a service to the community. They provide animal neutering at a lower cost than at a vet’s office.
Mark Salmons stated that he and his wife were the owners of the donkeys and goats in 2013. They did not appeal the decision and removed the animals. They have no problem with Danielle Tourtellot. He believes in the Golden Rule. He thinks Danielle is doing a good job.
Melissa Parslees works for The Thirty One Company. Her company believes in this rescue. They have had charity promotions for DASH.
Robert Gonzalez is a neighbor. He rarely hears dogs. The dogs go inside before dark. He never hears the dogs at night.
Amber Justus questioned if this decision would impact 4H animals.
Robert Gonzalez stated that he is a Veteran. He is entitled to a service animal under the Americans with Disability Act. If he wanted a service horse, that would be allowed. He asked, “What animals can be kept?” DASH is a 501-3C non-profit organization. He asked what constituted a Home-based business. He said he was not bothered by the animals in question.
Susan Fortier stated that she was the 1st house in that row of houses to build on Hoover Road. She has lived there for 24 years. She built in a rural area. Her daughter has had 4H rabbits. Last year, she had pigs. No one complained. She spoke of a neighborhood dispute that made her sad. She feared that her daughter might not be able to be in 4H because of this neighborhood dispute. We are in the country.
Annette Riley said their property had no deed restrictions. She lives on Hoover Road and is a teacher in the Teays Valley School District. Kids have 4H animals. This will affect not only houses on Hoover Road, but the entire township. She stated that the disputed property was supposed to be a subdivision, but only 5 houses were built on the road frontage. The subdivision was never developed.
Mark Salmons asked if there was any way to solve this Subdivision problem.
Reene Gonzalez stated she spoke with an attorney. She was told the restrictions and subdivision is dissolvable.
Stacy Salmons spoke and said in 2013 the plan was to raise 2 small Pygmy goats for her children. They didn’t appeal the Zoning Inspector’s decision to remove the goats. They got rid of the goats to get along with the neighbors. She stated this situation is a mess.
David Schiff is concerned about future implications for 4H animals. He and his family have lived in this area for decades. He raised sheep and his father had dairy cows. That is animal husbandry. 4H is where kids learn about animals. It is a positive experience for kids.
Robert Gonzalez stated that 1 lot of the subdivision has not been built upon. It is currently being farmed. He asked if this is truly a subdivision.
Gary Griesenbrock asked if it was possible that these lots were supposed to be a subdivision but the subdivision was not developed.
Board member Frank Miles spoke and told the audience that this Board does not make rules. The Board follows rules. We can grant certain things such as a 5 foot variance, but we don’t make rules.
Chairman Leah Black spoke and said that we are not here to discuss the subdivision. We are here to determine the decision regarding the horses and the animal adoption business.
Lisa Tomlinson stated that DASH is a foster based rescue.
Darlene Johnson made an ending statement. She stated that they did not have a problem with the dogs. They have problems with the dog food and the Animal Mobile Unit. She stated, “We are in a subdivision. Animal husbandry is the raising and caring of animals.”
Danielle Tourtellot made a statement. She said she was just trying to help. They have 1 horse and are helping a friend with the 2nd horse. The Rascal Unit has spayed and neutered over 100 animals in 2 days this year. She loves animals. The food does not go to waste. She helps the community.
Buck Spangler, Board member, spoke and said he was surprised at the attendance supporting the Tourtellots.
Darlene Johnson spoke again and said that the original complaint was with the horses because horses don’t belong in a subdivision. She also stat3d that the horses are not being properly contained, the food is not secured and that the Mobile Unit should be stopped.
Kimberly Holland asked if the township codes supersede the ORC which Mrs. Johnson is reciting.
Kim Arledge added that the Rascal Unit is there 2 -3 times a year during the hours of 8am -5pm.
Chairman Leah Black asked if there was a motion. Frank Miles moved that the Board accept Dale Hoover’s original decision. The motion was 2nd by Peg Egbert. Chairman Leah Black announced that the Board would now vote. The Board will vote on Accepting Zoning Inspector, Dale Hoover’s decision to allow the horses to remain.
Peg Egbert Yes
Frank Miles Yes
Kenny Cookson Yes
Buck Spangler Yes
Leah Black Yes.
The Harrison Township Zoning Appeals Board has voted unanimously to Accept Zoning Inspector Dale Hoover’s decision.
Kenny Cookson moved to adjourn the hearing, 2nd by Buck Spangler. Hearing adjourned.
Harrison Township Zoning Appeals Board Secretary