Claridon Requires Documentation to Build on Pre-Existing Parcels
August 4, 2022 by Ann Wishart

Claridon Township Trustees agreed Aug. 1 the term “pre-existing” found in the township zoning resolution should require documentation.

Claridon Township Trustees agreed Aug. 1 the term “pre-existing” found in the township zoning resolution should require documentation.

On occasion, a property owner will apply for a zoning permit to build on a non-conforming lot — such as one that is too small or has too little frontage — and the permit is usually issued if the owner says the lot was that size before zoning was established in 1953, said Trustee Jonathan Tiber during the trustees meeting.

“We have been assuming (such) a lot exists legally. I don’t think so,” he said. “What is the definition of ‘grandfathered-in?’”

Tiber recommended the zoning commission research the issue and check with the Geauga County Planning Commission on how changes should be worded.

Trustee Roger Miller said the Claridon Township Board of Zoning Appeals meets about once per year. It is the judicial branch of the township government. If a zoning inspector feels an application for a building does not meet the zoning resolution and he denies the application, the applicant may appeal the decision to the BZA.

The owner may present reasons why the building should be allowed to violate zoning, such as set-back limits from property lines. The BZA can approve the appeal, disapprove it, or set conditions that must be met in order for the appeal to be approved.

Sometimes, an owner applies for a permit claiming the property is “grandfathered-in” or it existed previous to adoption of the zoning resolution. In the past, applications have been approved based on the presumed existence of the parcel previous to 1953.

“We’re changing directions. We are shoring (the zoning resolution) up,” he said. “I think there will be more (appeals) on average per year once we nail down the definition of ‘pre-existing.’”

He recommended the property owner must include the documented history of the lot, available at the Geauga County Recorder’s Office.

Recently, the owner of a 1-acre lot on Ensign Road applied for a permit to build there, but withdrew the application.

“That brought us to look into the matter even further,” Tiber said.

There is also preparation occurring on a flag lot on state Route 608 for which the owner has not applied for a permit, he said.

A flag lot is a property with frontage measuring less than 250 feet with a driveway going back to the wider part of the lot on which construction would occur. Most township zoning does not permit flag lot construction.

Tiber said there is also a problem with that parcel because there is a stream on it and preparation for building could change water flow and affect the neighbor’s property.

There are numerous regulations at a state and county level that limit building on a small lot that can’t support both a septic system and a well. The county health department regulates those permits. Geauga Soil and Water Conservation District oversees wetlands and streams to make sure they are not damaged, he said.

Tiber said his goals are to make the township able to enforce its own rules and keep the peace between neighbors.

In other business, trustees voted to accept the resignation of Zoning Inspector Harry Jacob effective Sept. 1. Tiber said Jacob has been zoning inspector for the township for almost five years and submitted a nice letter, but did not give a reason for his resignation.

Township Zoning Secretary Chris Alusheff has applied for the position of zoning inspector starting in September and wants to continue as zoning secretary, which Tiber said doesn’t appear to create any conflict of interest with the zoning commission.

However, regarding the BZA, Alusheff would not be able to serve as secretary due to the fact he would be a witness in cases being appealed before the BZA.

Tiber said Alusheff has reorganized zoning files to make them easy to access and should be a good replacement for Jacob.