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Enforcement notice issued for Washington Twp. property

Published February 01. 2018 10:58AM

William Schuck filed a use variance for his property at 430 Mountain Road. It is in the rural district. He received an enforcement notice from zoning officer Todd Weidman.

Removing a farmhouse was appealed and was replaced by an open-ended Quonset-hut type construction instead of a wood building.

The garage was allowed as an accessory but was not permitted as such when separated from the farmhouse.

And third, the character of the neighborhood was not to be different from what it was in 1987. However, the property is now essentially commercial.

He has a truck shop for doing repair work on trucks. Schuck hauls gravel and farm crops. There is an equipment storage barn and structure to store crops. Trucks are parked overnight.

Working hours are 8 a.m. to 9 p.m. with fewer hours on a weekend. He planted trees to block the view from the road.

Solicitor Jim Nanovic asked if he had employees. He said there was one on site. Others come and take the trucks out.

Zoner John Kisthardt asked if all the vehicles can be driven. He said they could.

Resident Mildred Kistler said trucks and tractors are moving early, including on Sundays. He sold lots and hauls sludge, both of which she said change the neighborhood. She went to the zoning officer but nothing was done except that she was told she could request a hearing.

But Justin Yaich, zoning officer at the time, said she could not appeal because he cannot do anything about it.

A truck from the Schuck property rolled into Kistlers’ front yard, tearing up the lawn.

Nicole Weiss, a neighbor, said Schuck is always helpful to her.

Linda Eberhardt said there are safety issues and activities, and noise starts before 8 a.m. Twice trucks crossed the road and coasted into her yard. She was surprised that the fish and game commission did not step in because of the stream. Residential waste sits in the trucks, she said.

“We want air safe to breathe and water safe to drink,” Eberhardt said.

Rick Kistler said the families’ houses are slanted downhill from Schuck, and he asked how replacing a house is equal to an open-air building. He said it’s a shame people cannot sit outside because of the odor.

Wayne Kern suggested zoning put restrictions on the use, not shut it down.

After discussing it in private, zoners came back with five restrictions:

1. No parking on the north side of building three or in front of two.

2. The access is to be west of building three.

3. Hours are to be observed.

4. No sludge or manure can sit in trucks on the property.

5. 150 5-foot trees must be planted as shown on the land development plan.

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