ZONING TEXT AMENDMENT
October 15, 2008 - 7:30 p.m.
President, Douglas Baum opened the hearing at 7:30 p.m., in
the garage area with an overflowing crowd, in excess 100 residents and
non-residents. Trustees, Don Chanetzky
and Lee Strad were in attendance, as well as Attorney, Charles Hall. BZA Chairman, Bob Burkhart and several
members of the BZA and the Zoning Commission and Chairperson,
Administrative Assistant, Carol Barto read the legal ad as published in The Press News October 2, 2008 and requested anyone wishing to address the Board to please come forward to the podium and state their name and address.
Mr. Baum stated that since Paul Mosberger had applied for the change he would be given the first opportunity to speak and then the floor would be open to public speaks. Afterward, Mr. Mosberger would be given an opportunity to rebut any testimony or comments
Of the twenty-one (21) residents and non-residents who addressed the Board, twelve (12) were in favor of the 600 foot setback and nine (9) were against the change.
In support of Mr. Mosberger, Mr. McGovern, Mr. Faverty, Ms. Miser, Mr. Kame, Mr. Bowman, Mr. Collingsworth, Mr. Barnes, Mr. Marino, Mr. McCutcheon, Bob Mosberger, and Mayor Truax, stated their reasons were the adverse affect the mining would have on their property values and the community park, as well as dust, dirt, truck traffic, blasting, etc. that mining creates.
Chairman of the Board of Zoning Appeals, Bob Burkhart, addressed the issue of the hardship it would place on the Board in that the mining companies would have to request variances, in almost every instance and he felt that since it was increased from 100’ to 150’ just two years previously, such a large increase in the setbacks wasn’t warranted. He was also supported by Mr. Miller, Mrs. Heppe, Mr. Jim Soehlen, Zoning Inspector, Sharon Perrine, past Zoning Inspector, Mrs. Knox, Mr. Eskew, and Mr. Hollinger.
A spokesman for Buckeye Mining, Gary Alkire also stated his opposition to the change, saying coal mining was essential to control energy costs and the setback would surely make it more difficult for the mining companies and they would, if need be, challenge the setback.
Attorney, Hall spoke as a representative of the Trustees stating that the large increase from 150’ to 600’ setback would be difficult, but not impossible to defend in court and the decision would, consequently be the decision of a judge.
Mr. Baum ended the
public speaks session and asked for discussion from the Board. Mr. Strad commented he was in favor of the
600’ setback and he thought a show of hands should be made in favor or against
the application. He asked how many were
in favor of not changing the setback.
Thirty-four (34) responded. He
then asked how many were in favor of changing the setback to Six hundred feet
(600’). Eighty-eight (88) responded,
some of whom were East Sparta and
Mr. Strad made a motion to approve the application from Mr.
Mosberger to change the setback for strip and surface mining from 150’ to
600’. Seconded by
VOTE:
Lee
Strad Yes
Doug
Baum No
Lee Strad made a motion to adjourn the meeting. Seconded by
VOTE:
Lee
Strad Yes
Doug
Baum Yes
Minutes read and
approved:
Lee Strad (date)
Douglas Baum (date)