News
UCO council supports zoning board decision
By CYNTHIA AUKERMAN
Published: Tuesday, August 19, 2008 4:11 PM EDT
News-Gazette reporter
The Union City, Ohio council Monday supported the village zoning board's decision not to grant a request to change a house at 130 E. Main Street from single family to multiple-family use. That decision came after a contentious hearing and apparently went against Mayor Jim Nelson's wishes.
In opening the public hearing, Nelson advised council members to consider both sides of the issue, the revenue apartments could bring to the village and the wishes of the neighbors.
Matt Thompson said he had bought the house with the intention of fixing it up and creating rentals. He said the house already has three apartments.
Neighbors opposing the rezoning included Marilyn and David Nestor and Scott Stahl. Stahl said the village has enough rentals, and spot rezoning is a bad idea.
Marilyn Nestor, who has lived at her property for 45 years, said the house was originally divided to serve three sisters but remained zoned for single-family use and no rent was ever involved. She said the house somehow was changed to R2 (two units) when it was sold after the sisters died. She said the neighbors were not informed about that rezoning.
Later the house sat empty and went into foreclosure, so its zoning reverted back to R1 (single family).
Thompson said he did not know about the R1 (single family) rating when he purchased the property, and the house is too big for a single family to afford.
Stahl said the real estate agent who sold the house to Thompson called him when he was village administrator about getting the property rezoned, and he told her the matter would have to come before the zoning board. However, the real estate agent never took that step, and she sold it with the R1 rating intact.
Marilyn Nestor asked council members to be fair and do the same for this property as they had for other similar situations. She added, "You have heard our story. You know how we feel. The zoning board denied the change. We thought it was settled, and then you brought it to council."
Nelson replied, "He (Thompson) has the right to appeal the decision to the council."
Nelson asked Thompson what he planned to do with the property. Thompson said he planned to do foundation and porch repairs, provide off-street parking for three or four vehicles, paint, add shutters and landscaping. Thompson said the interior of the house was in better shape than the exterior.
David Nestor said the last owner also promised to clean up the property but didn't, and he said Thompson hasn't even mowed the grass since he bought the property.
Council member Meta Sue Livingston asked Thompson what criteria he used to select his renters. He said he interviewed prospective renters about their work history, the number of children, and then was very particular in finding the right renter for the property.
Council member Sandy Moore said, "The village has many empty rentals. We don't need any more rentals. Why would renters choose your place?"
Thompson said his 28 units in Greenville, Ansonia and other Darke County towns have a 98 percent occupancy rate. Moore then referred to Thompson as another out-of-town landlord. Thompson said the Main Street house would be his first rental in Union City, but he had done a lot of work in the village. Moore said she has lived in the village for 30 years, and she never heard of him before.
Nestor said while the house was rented under R2 there had been many problems, including a meth lab in the back of the house. She said the police were at the property repeatedly and one renter moved out because of the meth lab in the back apartment.
"Our property has declined in value because of rentals," Nestor said.
Councilman Bill Bruggeman asked what would happen if the house sits empty. David Nestor replied that he would rather see it sit empty than be rented out. He said he had purchased two properties next to them to try to improve the neighborhood and had tried to buy the house in question, but the price at that time was too high. He said he would have bought the house if he could have gotten it for the price Thompson paid.
Councilman Dave Addington complimented the Nestors on the work they had done to improve the neighborhood, and he asked if an R2 rating would be acceptable, with the Thompson installing a privacy fence.
David Nestor said changing the house to multiple-family use would mean his neighborhood would have seven rentals and only four home owners. He asked who the village was for, working people or welfare people. He said the village could not survive with such a high percentage of people.
Livingston objected to Nestor's statement about "welfare people." She said, "We represent all the people of the village, working or not."
Thompson said he was "going through chaos" because a few neighbors didn't want the rezoning.
At that point Livingston said she had not realized the zoning board had already recommended against the rezoning (the board's vote was unanimous), and she said that decision ended the discussion as far as she was concerned. She said to Nelson, "It would have been nice if you had told us what the zoning board's decision was."
Then the vote was held immediately, and it was 4 (Bruggeman, Moore, Livingston and Brad Horsley) to 1 to uphold the zoning board's original decision, with Addington casting the lone nay vote. Tony Maloy was absent. Nelson told Thompson he could reapply in four years.