BOARD OF ZONING APPEALS
January 3, 2007 - 6:30 p.m.
7134 East Sparta Ave. S.E., E. Sparta, Ohio

Members present were Nancy Snyder, Audrey Malavite, Louis Grooms, Jerry Eibel and Bob Burhkart, presiding. Alternates Bob Miller and Barb Harding were also present. Trustees, Bob Anstine, Doug Baum and Lee Strad; Zoning Inspector, Sharon Perrine and Zoning Secretary, Carol Barto were present, along with guests and/or interested residents in excess of 48.

ANNUAL RE-ORGANIZATION

Mr. Burkhart opened the re-organizational meeting, introducing the Board Members, at 6:30 p.m. The first order of business was the election of officers for the 2007 year. Bob Burkhart and Nancy Snyder were nominated for Chairman, by secret ballot. Mr. Burkhart and Mrs. Snyder, both accepted the nomination and an oral vote was taken and Bob Burkhart was elected chairman, by a vote of four to one. Nancy Snyder was nominated by Audrey Malavite and Jerry Eibel was nominated by Bob Burkhart for vice chairman. Both Mrs. Snyder and Mr. Eibel accepted the nomination. An oral vote was taken and Jerry Eibel was elected as vice chairman for 2007, by a three to two vote.

Mr. Burkhart adjourned the re-organizational meeting at 6:34 p.m. At 6:55 Trustee, Lee Strad, made an announcement that the hearing would have to be moved into the garage area, because the Fire Department has ruled a 40 person limit in the meeting hall. He asked everyone to pick up their chairs and move into the garage area.

APPEAL #290

At 7:00 p.m., Mr. Burkhart opened the meeting requesting Audrey Malavite read the legal ad that was published in The Press News. Nancy Snyder made a motion to table the review of Scott Finley’s appeal #290 until a later date, to be determined, when Mr. Finlay could be located. Seconded by Audrey Malavite. Vote was unanimous to table the review of Mr. Finlay.

APPEAL #329

Mr. Burkhart asked if a representative for ENZ Mining was present. Jim Demuth was present and proceeded to explain his plans to mine for coal and limestone on the Clifford and Betty Baum farm in the SE Qtr. Sec. #11 of Pike Township of approximately 63.3 acres for a term of approximately three (3) years. He explained he was aware of the many concerns regarding blasting and what the affects would be on the surrounding area, but he could offer no guarantee that damage to properties and wells would not take place, but he would, in fact, stay within the guidelines of ODNR and Bureau of Mines regulations during the operation.

He stated the residents would have to contact Ohio Department of Natural Resources, in the event they had problems with their wells and be able to prove the mining operation was responsible for their problems. When questioned regarding well problems he’s had to correct, he stated that, in twenty-five (25) years, he’s replaced two wells, and when questioned, he stated approximately 200 complaints have been investigated.

In excess of 48 residents were in attendance at the hearing and most, if not all, of them expressed their opposition to the mining of the property in the two (2) hour hearing. Mr. Demuth answered their questions, as best he could, with his twenty-five (25) years experience in the mining business. The Board questioned, both the residents and Mr. Demuth on the affects the operation would have on the community they represent.


The board deliberated for some time before Jerry Eibel made a motion to deny the conditional use certificate stating Section Seven, Title IV, A, GENERAL PROVISIONS, subsections (1), (2), (3) of the Pike Township Zoning Resolution. Seconded by Louis Grooms.

[A. GENERAL STANDARDS

The Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use on the proposed location:

(1) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and such use will not change the essential character of the same area.

(2) Will not be hazardous or disturbing to existing or future neighboring uses.

(3) Will not be detrimental to property in the immediate vicinity or to the community as a whole.]


Vote was unanimous to deny a Conditional Use Certificate to ENZ Mining to strip for coal and limestone on the Clifford and Betty Baum farm on Cleveland Avenue. S.

Minutes unaudited: