Minutes of Public Hearing, Jan. 11, 2016



January 11, 2016

Request for Zoning Map Amendment Thomas J. Stewart 3265 S. Dixie Hwy., Lima, Ohio

A Public Hearing was held at the Shawnee Township Administration Building, 2530 Ft. Amanda Rd., Lima, Ohio Chairperson Russell Holly called the meeting to order at 6:15 p.m. Board members present were: Chairperson Russ Holly, Vice Chairperson Chris Seddelmeyer, and Trustee Dave Belton. Fiscal Officer Stephanie Hoffer was also present.

Mr. Holly stated the purpose of this hearing was to discuss the rezoning request of Thomas J. Stewart, who resides at 3265 S. Dixie Hwy., Lima, Ohio.

Mr. Holly announced that on December 1, 2015 the Shawnee Township Zoning Commission held a public hearing at the Shawnee Township Administration Building at 7:00PM, where the Commission heard the petition for a zoning map amendment, submitted Nov. 4, 2015 by Mr. Thomas Stewart. Mr. Stewart is seeking to rezone a single parcel of land, owned and deeded to him, located at 3275 S. Dixie Hwy., Lima, Ohio 45804 (Parcel No. 46-1310-01-010.000), from BIV(B4) Commercial Use to RII-H (Residential 2-Historical) use.

The Zoning Commission called the matter for a vote, and a motion to deny the applicants request for the zoning map amendment was seconded. The vote was 5 to 0 in favor of denying the applicant’s request which was communicated to the applicant during that hearing;

Whereas, Sept. 8, 2015, Mr. Stewart had submitted an application for building 64 x 32 foot (2048 sq. ft.) pole barn 15 feet from the property line which was denied by Shawnee Township Zoning Inspector Mark Bishop due to the application not having required information for site plans, storm water management, and failed to meet the required 40 foot side yard set-back as indicated in Article 19 of the Shawnee Township Zoning Resolution. The mentioned parcel currently zoned as Business/Commercial abuts a Residential Zoned District, thus requiring a 40 ft. set-back.

Whereas, Sept. 29, 2015, Mr. Stewart then submitted an area variance request to the Shawnee Township Zoning Board of Appeals. The request was denied by the Zoning Board of Appeals for not meeting the required set-backs and for other issues; one for which, the rezoning would be precedent by only rezoning of only the one parcel, as in this case.

This matter is being brought before the Shawnee Township Board of Trustees for their vote to accept, deny, or accept with modifications, the Zoning Commission’s recommendation for the rezoning request. Trustees vote must be done by resolution at a Board of Trustees Meeting.

Mr. Holly opened the discussion to Attorney Zachary D. Maisch, 212 North Elizabeth St., Suite 410, Lima, Ohio, who was present on behalf of Tom Stewart. Mr. Maisch said the current 40 ft. set-back separates business activity from residential. He referred to the Township’s Comprehensive Plan, stating the Township is known as having one of the best schools and residential areas in the country and a goal of keeping a residential character. He said that present zoning allows for commercial mixed with residential and that Mr. Stewart’s application is consistent with the Township’s Comprehensive Plan.

Derek Younkman, 101 E. Elizabeth St. 6th Floor, Lima, Ohio, was in opposition of Mr. Stewart’s request for rezoning and changing a 40ft. set-back to 15 ft. stating the Township Zoning Commission denied the request because the structure would be too close to the property line, have a negative effect of his neighbor’s property (Mr. Baber), and that it did not fit in with the Township’s Comprehensive Plan.

  Adjournment With no further business to be brought before the Board of Trustees, Mr. Belton motioned the meeting adjourn, Mrs. Seddelmeyer seconded, and the motion carried 3-0. Meeting adjourned at 6:32 p.m.