BOARD OF ZONING APPEALS
February 11, 2008 - 7:00 p.m.
Members present were Nancy Snyder, Audrey Malavite,
Louis Grooms, Jerry Eibel and Bob Burkhart,
presiding. Also present were Zoning
Inspector, Sharon Perrine, Zoning Secretary, Carol Barto,
Trustees
Mr. Burkhart opened the meeting at 7:00 p.m. stating that the meeting was a continuance of the January 9 meeting and there would not be any public speaks.
He asked the board for a motion. Nancy Snyder made a motion to grant the 50’ setback variance. Seconded by Jerry Eibel. Mr. Burkhart asked for Board discussion and Nancy Snyder made a statement that the Board, in order to determine if the Mining Company had indeed violated their Conditional Use Certificate, had previously tabled their decision because of testimony of the public speakers at the previous meeting.
Mrs. Snyder went on to say that she, both alone and accompanied by her husband, had visited the site at various times and days and had not observed noise that was previously reported and stated she had investigated the reason for the truck traffic, to conclude that it was not the mining company, but logging trucks, which also caused the dirt on the road. She walked the road and observed cracks in the roadway, but stated they were no worse than the cracks on the road in front of her house, or excessive. She also stated that any agreement the property owner had with the mining company or anyone else to remove the junk was, in her opinion, for the good of the area. She stated that she observed no excessive noise level, either within her auto or with the windows rolled down.
Mr. Grooms stated that, in his opinion, the 50’ variance was not excessive. He asked Mr. Klingler of Valley Mining how long it would take to mine the area in question. Mr. Klingler stated that the 50’ area would not be mined separately from the other mining project, but would be mined in conjunction with the whole mining operation.
Mrs. Malavite stated that she had also visited the site on various occasions and was in agreement with Mrs. Snyder. She could not find any violations from the conditional use certificate by the mining company.
Mr. Burkhart asked if the Board had any other comments. Scott Brown, a resident, asked if he could cross examine Mrs. Snyder. Attorney Hall instructed the Board they could accept questions from the attendees, but they did not have to have open discussion, that that had already been covered in the previous meeting. Mr. Burkhart asked the Board for a vote and instructed the Board of the standard in determining variances, as prescribed by the ORC. 519.14.
VOTE: Nancy Snyder, in favor of granting 50’ setback variance.
Audrey Malavite, in favor of granting 50’ setback variance.
Louis Grooms, in favor of granting 50’ setback variance.
Jerry Eibel, in favor of granting 50’ setback variance.
Bob Burkhart, in favor of granting 50’ setback variance.
Vote was unanimous to grant Valley Mining a 50’ setback variance for the Soehnlen property.
OTHER BUSINESS
No other business was presented.
Audrey Malavite made a motion to adjourn the meeting. Seconded by Jerry Eibel. Vote was unanimous to adjourn the meeting at 7:14 p.m.