PIKE TOWNSHIP BOARD
OF APPEALS
January 9, 2008 - 7:15 p.m.
Members present were
Nancy Snyder, Audrey Malavite, Louis Grooms, Jerry Eibel and Bob Burkhart, presiding. Also present were BZA alternates, Bob Miller
& Jerry Werner; Trustees; Douglas Baum,
Mr. Burkhart opened the meeting at 7:15 p.m. requesting Recording Secretary, Carol Barto read the legal ad and then the introduction of BZA.
APPEAL #338
Mr. Burkhart asked the representative of Valley Mining to please explain their reasoning for requesting the 50’ variance on the Soehnlen property. Rex Miller, representing Valley Mining explained that they wanted to amend the 150’ to 100’. That they were not aware of the change in the Zoning Amendment from the 100’ to the 150’ and thought that they could comply with that setback. He asked Mr. Jim Klingler, Dir. of Operations for Valley Mining to show the area where they needed the extra 50’.
Mr. Klingler showed the area on the map, as well as the enlarged photo, the area where there was extensive scrap and trash and that the tree area along the road would remain in place. Mr. Miller explained that the area consisted of spoil banks from previous mining. (Exhibit A).
Board members, Burkhart, Eibel and Snyder voiced their concerns about the removal of the trash and maintaining the trees in the buffer zone. Mr. Klingler said they would leave the tree line as a buffer and remove the debris and reclaim the land (Exhibit B).
Zoning Inspector, Sharon Perrine asked if the stakes in the photo were the 100’ and 150’ setback markers. Mr. Klingler replied that they were. She asked him the beginning point of his measurements. Mr. Klingler replied that he measured from the center of the road.
Mr. Eibel asked if they were removing the debris for Mr. Soehnlen, as part of the mining.
Miss Perrine stated that the rear of the property was zoned Industrial and the setback for that area would only be 100’.
Mr. Burkhart asked for any opposing views.
Bob Rubin, attorney for Scott & Staci Brown asked to address the Board. He asked Mr. Klingler if the additional 50’ was for an economic advantage. Mr. Klingler answered “correct”. Mr Rubin asked what debris were being removed. Mr. Klingler said there was trailer, trash, and old mining equipment that had been there for years. Mr. Rubin asked if it was necessary to remove that debris to mine the area. Mr. Klingler answered yes. Mr. Rubin went on to instruct the Board that the variance was for a purely economic reason and they should comply with the 150’ setback from the residential properties that the Zoning Commission had adopted and turn down the variance, as they had previously, as being detrimental and not harmonious to the existing neighborhood.
Ernie Berry, who lives across the street told the board that the noise of the equipment running, the odors from the landfill, and the dust and dirt were a nuisance and removing the trees would make the situation even worse.
Mr. Burkhart asked Mr. Klinger how long he thought it would take to mine the area. Mr. Klingler replied that his best guess would be approximately 2 years.
Robert Turcotte, across the street states that Mr. Soehnlen was taking junk from that area across the street and asked if he was going to clean up his property on the north side of Downing too.
Darrin Horn questioned why Lee Soehnlen was allowed to have the mining company clean up his property when he was threatened to get his property cleaned up or the Township would clean up his property and access his taxes for the amount of clean up. He also stated that the mining company was starting their equipment at 6:15 a.m. and hauling out on Downing and making a mess of the road.
Rebecca Horn expressed her anger at Mr. Soehnlen for the trash on his property on both sides of the road. She felt Mr. Soehnlen was moving the trash across the street and not disposing of it.
Nancy Snyder asked if the trucks were hauling clay, lumber or junk?
Mrs. Horn stated that the road was muddy and the ditch was caving in from the trucks, as well as the road was cracking. She threw photos of the road on the table for the Board to look at (Exhibit C). Mr. Horn stated that the road was being used for big trucks that were over the weight limit and also submitted photos (Exhibit D).
Pat Cooley, who lives next to Mr. Soehnlen, asked whose responsibility it was to clean up the road and stated that the garbage trucks also use the road when the flood gates are closed and they were a contributor to the road cracking.
Mrs. Horn stated the road was not that bad before the mining operation started.
Jerry Eibel asked Miss Perrine to check the hours of operation that were agreed upon for the Conditional Use Certificate.
Mr. Horn stated that the engines were running at 6:15 and were operating all day long.
Jerry Eibel stated that the hours of operation are to be 7:00 a.m. to 5:00 p.m. and that meant that there are not to be any engines running or warming up before 7:00 a.m.
Mr. Klingler stated they don’t start their engines before 7:00 a.m.
Attorney Rubin went on the remind the Board concerning conditional use certificates and they can be denied if they don’t meet the Zoning Resolution.
Mr. Berry asked where they would be getting the dirt to fill the hole from the mining and what the difference was in this variance that it was two years ago. Craig Stewart stressed that the variance was for purely economic gain for the mining company and Mr. Soehnlen, the property owner.
Sharon Perrine, Zoning Inspector, explained that she felt she should have explained the changes in the Zoning Resolution to the Company attorney that had occurred in July, 2006, that the setback for mining was changed from 100’ to 150’…..(Scott Brown said “it’s on the web site, they should have know”).
Miss Perrine went on to state that the mud needs to be cleaned up and the hours of operation permitted to the mining company are 7:00 a.m. until 5:00 p.m., October through April. There is to be no blasting.
Rebecca Horn stated they knew what the setback are. Mr. Horn stated that some junki had been moved up so they could get the variance.
Ann Swain stated she had lived on Haut 35 years and she had never seen trash that close to the road. Pat Cooley asked where he is moving the junk. Rebecca Horn replied that Soehnlen has not been moving, but just relocating the junk.
Scott Brown stated he feels they are not in compliance with the conditional use certificate and feels the 150’ is necessary to protect the neighbors.
Several attendees expressed their opinion that the variance should not be granted, including Mike Abrams of Wilkshire Hills in Bolivar.
Mr. Burkhart asked Mr. Klingler who was removing the debris from the property. Mr. Klingler responded that Lee Soehnlen was removing the debris.
Jerry Eibel made a motion to deny the variance, his reasoning being, the Mining Company was not in compliance with the Conditional Use Certificate. Seconded by Nancy Snyder with the condition the Board have more discussion on the issue. The vote was unanimous to have further discussion to establish if the Mining Company was in violation of their Conditional Use Certificate.
Sharon Perrine, Zoning Inspector, stated that there was no
evidence that the Mining Company was not in compliance: No complaints or no documentation. When she observed the mud being carried onto
Nancy Snyder asked Mr. Klingler if the trucks in the photos were his and he replied that they were not the Mining Company’s. She asked if he knew to whom they belonged and he replied that he did not. Bob Burkhart asked who was removing the debris and scrap and Mr. Klingler replied that Lee Soehnlen was doing that.
Sheve Shelley asked who to complain to when there was a problem. Mr. Burkhart replied that they should contact Zoning Inspector, Sharon Perrine and she will investigate any complaints.
Louis Grooms made a motion to table their decision until they could further investigate any complaints to the Conditional Use Certificate. Seconded by Jerry Eibel. The Board unanimously agreed to table their decision until a later date.
Jerry Eibel made a motion to adjourn the meeting. Seconded by Audrey Malavite. The meeting was adjourned at 8:50 p.m.
After the meeting was adjourned, the Board set the date of February 11, 2008 at 7:00 p.m. to meet again. Because they had adjourned the meeting and some attendees had left the meeting, a legal notice must be published as provided by the ORC.