The decision of the Sylvania Township Board of Zoning Appeals to deny a conditional use permit for a residential care facility on Whiteford Road has been upheld by a judgement in Lucas County Common Pleas Court.
Judge Ian English denied an appeal of the BZA decision filed by OMNI Properties, Inc, of Beechwood, OH.
The appeal, in part, contended OMNI was denied a fair hearing in February, 2020 which became a “public grievance session.” The appeal alleged that the board “simply surrendered to vehement and vocal public opinion.”
Judge English acknowledged that some of the testimony was opinion, but there was also “competent, credible and fact-based” testimony heard by the board.
The judge noted that his study of the record “does not confirm OMNI’s depiction of the hearing as mired in chaos.”
He wrote that Don Miller, chairman of the board, “maintained control over the format of the hearing, the sequence of case presentation: and he swiftly and effectively dealt with the untoward audience disruptions.”
The 10-acre site is east of Whiteford with its northern border generally Vineyard Road and Whiteford Elementary School on the southern boundary.
OMNI had intended a project of 8 independent living units, 94 congregate care units, 41 assisted living units and 18 units for memory care.
The area is zoned “rural residential,” which provides for areas of relatively low-density residential development.
The BZA determined that the development “is not harmonious with the existing and intended character of the general vicinity and will change the essential character of the area.”
Written by: Mike Jones, Public Information Officer
Published: October 26, 2021
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