Zoning Department

All Board of Zoning Appeals Hearings are at the Township Hall located at 5972 E. Port Clinton Eastern Road, Marblehead, Ohio 43440 and start at 6:00 p.m. on the 3rd Wednesday of each month, unless otherwise noted in the notice.

NOTICE 

Board of Zoning Appeals

11.20.24 BZA Agenda

The Danbury Township Board of Zoning Appeals will hold adjudication hearings at the Danbury Township Hall, 5972 E. Port Clinton Eastern Road, Marblehead, Ohio 43440 on Wednesday, November 20, 2024, beginning at 6:00 p.m. on the following applications:

BZA-2024-266              399 Hidden Beach. Request for Area Variances from Section 5.1.7 to allow for an addition to encroach into the north, side-yard setback (4.14’ proposed/ 5’ required) and to Section 7.12.3.A to allow more square footage onto a nonconforming structure than permitted (20%; 194.8s.f allowed/ 60.4%; 589s.f. proposed). Scott Ziembowicz, Owner/ Applicants; Lee Short, Architect/Agent.

BZA-2024-274              2498 Knobhill. Request for Area Variances to Section 5.2.D.iii to allow for a detached accessory building to encroach into the north, side-yard setback (5' required/ 1' proposed), into the west, rear-yard setback (5' required/ 1' proposed) and to be separated from the existing house deck by 1.5' (5' required). Sonja Toma, Owner/ Applicant.

BZA-2024-280              9608 E. Bayshore Road. Request for Area Variances from Section 5.2.D.iii to allow for a garage addition onto an existing garage to encroach into the east, rear/side-yard setback (2.5' proposed/ 5' required), Section 5.2.1.A.i.b. to allow more cumulative accessory bldg. square footage than allowed (1,200s.f. permitted/ 1,680s.f. proposed) and to Section 7.12.3.A to allow more square footage to be added onto a nonconforming structure than permitted (20%; 120s.f. allowed/ 180%; 1,080s.f. proposed). Brad Hutcherson, Owner/ Applicant.

BZA-2024-281              525 Hillcrest. Request for Area Variances from Section 5.1.7 to allow for an addition to encroach into the west, front-yard setback (16.4’ proposed/ 20’ required) and to Section 7.12.3.A to allow more square footage onto a nonconforming structure than permitted (20%; 599.2s.f allowed/ 78.6%; 2,198s.f. proposed). David & Wendy Stahanczyk, Owner/ Applicant; Evan Jones, Architect/Agent.

Parties wishing to give testimony may appear in person or by attorney. Said hearing(s) may be continued from time to time as necessary. A copy of the aforementioned application may be viewed at the office of the Zoning Inspector at Danbury Township Zoning Department during normal business hours or by clicking on the case information above.    

The Board of Zoning Appeals (BZA) is a quasi-judicial board consisting of 5 appointed members and 2 alternates. Their responsibilities include hearing requests for Appeals, Area Variances, Conditional Uses and Special Exceptions.

For a detailed explanation of the BZA process, please refer to Article 7 of the Zoning Resolution.

Typically an appeal process is started once a zoning permit has been rejected by the Zoning Inspector. This is done if a property owners drawings submitted for a permit do not meet all of the zoning requirements. Before formally rejecting the permit, the Zoning Inspector will explain to the owner the deficiency and allow them the opportunity to revise the drawings in accordance with the requirements. If the owner wishes to proceed with an appeal, or if there is no other option other than to apply for a variance, the Zoning Inspector will formally refuse the zoning permit application and send a letter to the property owner outlining which sections of the zoning resolution variances will be required. Property owners do have the right to file an appeal directly to the BZA, however the owner will be responsible to ensure that all sections requested in the appeal are the only variances needed to complete their project.

The BZA's primary function is to:

1.   Hear relevant, sworn testimony from the Appellant, his/her duly appointed agent or attorney, and any other person with standing to testify in a particular matter.

2.   Determine the merits of the request as it pertains to the Danbury Township Zoning Resolution, adopted November 1975, with subsequent revisions, the most recent of which went into effect August 18, 2023, and;

3.   Issue a decision and findings of fact based on the merits presented and decision standards to Approve, Deny or Approve with Conditions.

BZA hearings are referred to as adjudication hearings and are open to public attendance, but public comment will only be heard from a person who has standing to testify, or their representative. A person of standing is one whom has a substantial interest that will be directly affected, in a manner that is different from the effect on the general public, by the determination under consideration by the Board. All testimony shall be statements of fact and directed to the Board. Opinions, hearsay and discussion are not considered testimony and will not be heard. The right to cross examine is honored, however, the Chair may interject to ensure cross examination is conducted properly.

To attest to the honesty of all testimony given in this/these adjudication hearing/s, all appellants & persons of standing will be sworn in when they give testimony. When recognized by the Chair, the person may proceed to the podium, and state their name and address so that comments may be properly recorded. Appellants are asked to try and limit their testimony to fifteen (15) minutes, including any information presented by his/her duly appointed agent or attorney. Other persons with standing to testify are asked to try to limit their remarks to three (3) minutes or less. These limitations may be extended if the Board requests or approves further testimony.

At the conclusion of the adjudication hearing(s) the Board will close the public comment portion and move to deliberate and vote on each appeal. The public may not participate in this section of the meeting except upon request of the Chair or any member of the Board. Deliberations will occur in executive session. The vote, including the Findings of Fact will be made openly.

All visitors are asked to sign the register upon entering the hearing room and turn off any cell phones. At the conclusion of the hearing one is present for, you are welcome to leave, but are asked to do so quietly so the Board may continue on to the next order of business.