September 8, 2014
Harrison Township Zoning Appeals Board
September 8, 2014
The Harrison Township Zoning Appeals Board meeting was called to order by chair Leah Black at 7:00 pm. Present were Leah Black, Margaret “Peggy” Egbert, Frank Miles, Larry Smith, Kenny Cookson, Joe DeFelice, and Robin Welsh.
Minutes from the July meeting were not read. They will be read at the October 13th meeting in addition to the minutes from this meeting.
Leah Black called to order the variance request hearing for Danny Bailey 10925 Lockbourne Eastern Road, Ashville, OH 43103, for application for reduction of side yard setback variance.on parcel # D1200030026007.
Legal Notice was read by secretary, Robin Welsh
Present: Danny and Teresa Bailey, 10925 Lockbourne-Eastern Road, Ashville, OH 43103
Leah asked Joe DeFelice to share the events leading up to the request for a side yard setback variance.
Joe stated he was visiting the property for a different matter when he discovered a new shed built on the property. The shed was built by Mr. Bailey without applying for the proper zoning certificate. As Joe examined the shed he discovered it is in violation of the yard setback stated in the Harrison Township Zoning Resolution requiring a 25’ set back. The shed only has an 8’ setback.
Danny stated he owns both lots and therefore it should not be an issue.
Joe told Danny he needed to apply for a variance.
Frank looked over Danny’s application and stated on page 129 of the Zoning Resolution it outlines the requirements for the application. Section C states a map drawn to scale of the area requesting the variance must be submitted as part of the application. The drawing submitted is not to scale. Frank also stated he does not believe everyone within the 500 foot radius was notified of the hearing. Danny was required to provide the names and addresses in his application.
Joe asked Danny if everyone was listed in his application that owned property within a 500 feet radius of his property. Danny stated that to the best of his knowledge he had. Joe asked if the person owning the farm land across the street from his house had been notified and Danny said no.
Joe then continued with the events leading up to the hearing. He said a first notice of violation was issued on April 24, 2014. Danny filed an application on May 19, 2014 for a zoning certificate. His request was denied due to lack of information. On May 27, 2014, a second notice of violation was issued. On June 24, 2014 Danny filed an application for a variance. Joe shared that during this time, he was notified that Danny was in the hospital and gave him more time. Joe offered guidelines to Danny of the information needed on the application including a template. Danny did not pick this up from Joe. At the end of July Joe was informed by trustee Paul Welsh, Jr. that Danny was no longer in the hospital. Joe moved forward with the violation.
Danny stated he’s been in and out of the hospital.
Leah told Danny we are here to decide on the variance and need to stick to that.
Danny said he purchased the two lots together on the same deed. He did not understand why he needed a variance when the adjacent lot in question was owned by him.
Frank made a motion to deny the application due to it not meeting the requirements according to the Harrison Township Zoning Resolution.
Peggy seconded the motion.
Leah called for a vote.
Secretary, Robin Welsh, to a roll call vote.
Margaret “Peggy” Egbert – no
Larry Smith – no
Kenny Cookson – no
Frank Miles – no
Leah black – no
Danny showed the board the proof of the purchase of both lots simultaneously.
Larry pointed out to Danny the two separate parcel numbers. Danny showed both parcel numbers were included on the deed. Larry told him only one was included on his application. Danny again questioned why he has to have a variance when he owns both properties.
Leah explained they are two separate lots. He asked if he would have to reapply for a zoning variance and pay the $250. Leah said yes and he must include all the requirements of the application. Joe gave Danny the outline he had created for him to resubmit the application correctly.
Peggy moved to adjorn. Kenny seconded the motion
Next meeting will be Monday October 13, 2014