OMNI Properties, Inc, has filed a notice of appeal in Lucas County Common Pleas Court for the denial of a conditional use permit to allow for the construction of a residential care facility at 4752 and 4828 Whiteford Rd.
The request for the permit was denied last month by the Sylvania Township Board of Zoning Appeals.
The 10-acre project has been a contentious issue with residents since the developer announced plans at a meeting with
neighbors more than a year ago.
John McHugh, an attorney for OMNI, said specifics will be presented when his brief is filed with the court, but that
broadly OMNI doesn’t think the board’s decision is in accordance with the law..
The board had held a lengthy meeting in February, primarily hearing from residents of the area who complained of the commercial aspects of the proposed facility as well as concerns about increased traffic on heavily-traveled Whiteford Road.
The board continued that meeting to seek legal advice and at the meeting last month presented the resulting “finding of fact and conclusions of law.”
The board noted that the current zoning for the site is “rural residential,” which provides for areas of relatively low-density residential development. Most of the existing use in the immediate area is low-density housing with Whiteford Elementary School at the south border of the property.
The two-story development by OMNI, of Beachwood, O., was planned to have 8 independent living units, 94 congregate care units, 41 assisted living units and 18 memory care units.
The paper, which was adopted by the board, said the project “is not harmonious with the existing and intended character of the general vicinity and will change the essential character of the area.”
It was noted that the area was considered to potentially allow for more intense land use during the preparation for the Sylvania Township Land Use Plan of 2018, but it was determined to keep the area as a low to medium density residential neighborhood.
It also noted that the project’s service road was within 30 ft. of at least one residence which faces Whiteford and that would be “significantly detrimental to nearby persons and property…”.
Written by: Mike Jones, Public Information Officer
Published Date: April 8, 2020
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