2 Etna Township zoning decisions face challenges
Two recent zoning decisions by the Etna Township Board of Zoning Appeals are being challenged in Licking County Common Pleas Court, including one appeal initiated by the township's own board of trustees.
Chingle LTD, which had sought to operate a ready-mix concrete plant at 10077 and 10095 Tollgate Road SW, filed an appeal in Common Pleas Court on March 7. The appeal was filed after owner Jeff Cotugno's request for conditional use with a variance at the properties was denied by the Etna Township BZA in a 4-1 vote on Feb. 26.
BZA members cited numerous reasons for the denial, including the belief by one board member that the project went against the spirit of the township's zoning code for light manufacturing (M-1). The code allows for businesses that are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare that operate entirely within enclosed structures and generate little industrial traffic.
At a Jan. 30 hearing, nearby residents voiced their opposition to the ready-mix concrete plant, citing concerns about environmental impacts to groundwater and air quality.
W. Doug Lowe, a Newark attorney representing Chingle LTD, declined to comment on the case.
After Chingle's initial request was denied, the Etna Township board of trustees initiated the process to remove concrete and asphalt plants from the list of conditional uses in the township's light manufacturing zoning code.
Township files appeal of sign variance
In a separate case, Etna Township trustees filed an appeal Wednesday in county Common Pleas Court over a BZA decision earlier this year to grant a sign variance.
At its Jan. 30 meeting, the BZA approved by a 4-1 vote setback variances requested for a 10-foot by 30-foot sign at 8900 E. Main St (U.S. 40). The variances mean that: instead of the sign needing to be 2,000 feet from a residential area, it only had to be 260 feet away; the minimum distance between the sign and any building was reduced from 100 feet to 15 feet; and the setback from the road right-of-way was reduced from 200 feet to 100 feet.
Etna Trustee Gary Burkholder said in an interview that he did not agree with the BZA'S decision and the variance is greater than what should be allowed, especially along U.S. 40, which is one of the main roadways through the township.
“It's kind of the heart of Etna Township, and as that corridor develops and redeveloped — and we're going to see a lot of redevelopment there — I think it needs to be done properly. And I think that the code is there for a reason,” he said. mdevito@gannett.com 740-607-2175
Twitter: @Mariadevito13