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Planning Commission Greenlights Rear-Lot Variance in Burton Township;

Launches Farmland Task Force

Planning Commission – August 12, 2025

Meeting Details: The Geauga Planning Commission met in Regular Session on August 12, 2025 at 7:30 am at the Geauga County Office Building, 12611 Ravenwood Drive, Chardon, OH 44024.  This meeting was in person with no virtual attendance option.  The agenda is normally available online prior to the meeting. A copy was available at the meeting.  Observer Note: The website presents the minutes and meeting dates, and the agenda is included in that section.

Public Comment Policy:  No formal policy, but in practice, public comment could be permitted at the Chair’s prerogative. However, this does not happen. No public comment is solicited or offered except in cases where an applicant or zoning inspector is present to answer questions regarding an item on the agenda. 

Board Attendance:

Staff Attendance: Linda Crombie, Planning Director, and Allyson Kobus, Planner II, were present. Intern Oliver Richard, assisting with GIS projects, was also present.  Pamela Irizarry, Administrative Assistant, was absent. 

Others Attending: This Observer and three other members of the public were in attendance. These individuals were James R. and Penny Timmons, who were in attendance to support their variance request, and Andrew Yoder, who was accompanying the Timmons with relevant testimony to the variance request.  No members of the press were present.

Minutes - Once approved by the board, the minutes are available online here.  Scroll down until the section on Minutes and Agendas.

Pledge of Allegiance - The meeting opened with the Pledge of Allegiance.

Roll Call - Roll was called. A quorum was present.

Approval of Minutes

The Planning Commission approved the minutes of the July 8, 2025 regular meeting without amendment. One abstention was noted, by Mr. Gary Neola.

Approval of Agenda/Addendum

The agenda was approved with the addition of a discussion under New Business regarding a Climate Action Plan related to carbon sequestration efforts in Geauga County, added at the request of Mr. Walter Claypool. The agenda was then adopted as modified.

Timmons Variance Public Hearing

Timmons Variance: Public Hearing, Parcel 04-046800, Burton Township A public hearing was held for a variance request by James R. and Penny E. Timmons concerning Section 502(D) of the Geauga County Subdivision Regulations. The variance pertained to creating a second rear (flag) lot behind another rear lot at 13976 Hale Road in Burton Township. Reviewer Note:  As noted above, this was a variance from Geauga County Subdivision Regulations, and not from Township Zoning, which would be appealed to the Burton Township Board of Zoning Appeals.

Background: The applicants wish to subdivide a wooded area on their farmland to create buildable lots for local young families. Due to the property configuration, the proposed fifth lot would result in a second rear lot stacked behind another rear lot, which is not permitted under current regulations.

Testimony & Questions:

• Mr. Timmons described the land as wooded, with difficult topography for farming, and explained the intent to preserve agricultural land by developing less-usable wooded parcels instead.

• A neighboring property owner (Mr. Yoder) testified in support of the proposal, noting the land’s unsuitability for crop farming.

• Several Commission members expressed concerns about precedent, emergency access, zoning interpretation, and the rationale for approving a variance when four lots could have been created without needing one.

• The Planning Director confirmed the request was for a second rear lot, which violated Section 502(D), and explained the subdivision regulations were adopted to prevent excessive stacking of rear lots and to ensure access and emergency serviceability.

Findings of Fact: The Commission identified the following relevant findings:

• The topography and wooded nature of the land make it poorly suited to agriculture.

• The variance is not substantial; the configuration only subtly resembles stacking and is considered less severe than other flag lots.

• The essential character of the surrounding neighborhood would not be substantially altered.

• Emergency services would not be adversely affected.

• The proposed lots meet Burton Township’s R-5 zoning requirements.

• The abutting neighbor supported the variance.

• The applicants stated they were unaware of the rear-lot stacking rule at the time of purchase.

• The owners are being responsible stewards of the land by preserving tillable farmland and developing wooded parcels.

Motion and Vote: A motion to grant the variance was made and seconded. Roll call vote passed unanimously (11-0).

As per Planning Commission procedure, the approval will not be official until the minutes are approved at the next regular meeting

A formal decision letter will be sent to the applicants.

Financial Report and Approval of Expenses

The financial report for July 2025 was reviewed and approved. No concerns were noted. Ms. Irizarry was not present to provide additional details. Mr. Davis requested that monthly financial expenditures be broken out in future financial reports.

Other Business

There was no “other” business to discuss.

Major Subdivisions to be Reviewed

There were no subdivisions to be reviewed.

Township Zoning Amendments to be Reviewed

A. Auburn Township Text Amendment ZC-2025-01 This amendment adds language related to stormwater management to Article IV of the zoning code.

• The Planning Director, Ms. Crombie, recommended approval with modifications.

• One staff recommendation was to generalize a reference to the Ohio EPA Construction General Permit to allow for future updates.

• The Commission approved the amendment with modifications. Mr. Bergansky abstained from the vote; all other members voted to approve the amendment. Reviewer Note: Mr. Bergansky is a member of the Auburn Township Zoning Board.

B. Auburn Township Text Amendment ZC-2025-02 This amendment proposed detailed regulations for outdoor dining.

• Mr. Claypool expressed concern that the proposal exceeded township zoning authority as defined by the Ohio Revised Code and resembled municipal-level ordinance language. 

• The Planning Director highlighted items that were redundant, overly restrictive, or improperly assigned to zoning inspectors.

• Mr. Claypool moved to deny the amendment based upon it exceeding zoning authority per the Ohio Revised Code. Motion to deny passed, with Mr. Dennis Bergansky abstaining and all others approving.

C. Auburn Township Text Amendment ZC-2025-03 This amendment proposed regulating the use of shipping containers as storage structures.

• The Planning Director, Ms. Crombie, and the Prosecutor’s Office recommended denial, citing overregulation and potential inconsistency in enforcement.

• Concerns included the broad language, design limitations, redundancy, and property rights implications.

• Motion to deny with explanation passed, with Mr. Dennis Bergansky abstaining and all others approving.

D. Troy Township Text Amendment ZC-2025-111 This amendment modified the definition of "junk vehicle" to include subjective language (adding the word “unsightly”).

• Ms. Crombie and the Prosecutor's Office recommended maintaining the existing junk vehicle definition based on the Ohio Revised Code. Other recommended changes in the text amendment were acceptable.

• Motion to approve the amendment with modifications (reverting to the original junk vehicle definition) passed unanimously.

Director’s Report

Ms. Crombie reviewed the monthly report:

• Three lot splits in Bainbridge, Troy, and Parkman.

• No land use plan activity in the past month.

• Ms. Kobus attended the ESRI GIS (Environmental Systems Research Institute Geographic Information Systems) conference in San Diego.

• GIS user group activities and GIS mapping updates (e.g., buildings by type, population density).

• Census Data Book progress and visualization of population pyramids by township.

• Commercial activity was in Middlefield and Auburn Township.

• The Director gave a briefing to Geauga Growth Partnership on housing and transportation.

• A potential future booth presence for the Planning Department at the Geauga County Fair startin in 2027.

• The fiscal year 2026 budget was approved by the County Commissioners as submitted.

• Legislative updates, including:

  • The Agricultural Appreciation Act passed

  • House Bill 96 provisions were reviewed

  • Senate Bill 233 (organic farming task force) and Senate Bill 237 (local firearm regulations) were noted for future monitoring.

Correspondence

Ms. Crombie received notification from the Surface Transportation Board regarding abandonment proceedings on a Norfolk Southern rail line crossing into Bainbridge Township. The Planning Commission may be asked to consult on future land use issues tied to the rail corridor.

Old Business

A. Farmland Preservation Plan Update

• The first task force meeting is August 21st.

• The Commission voted to appoint Chair Nick Gorris to represent the Planning Commission on the task force.

New Business

A. Model Zoning: Similar Uses

• The Planning Director presented draft language allowing zoning inspectors to approve uses similar to those listed in the code.

• The intent is to codify a process that already exists informally.

• Commission members discussed concerns about constitutionality of the phrase "any use not listed is prohibited" and agreed that similar-use provisions provide important flexibility.

• No formal action taken; further updates to the model code will be recommended and then voted on towards year end.

B. Bylaws Amendment, Packet Distribution

• The Commission approved a minor amendment to the bylaws to clarify that agenda packets be sent to both members and designated alternates.

Adjournment

The meeting adjourned at 9:42 a.m. following a motion and unanimous vote.

Next meeting: September 9, 2025.

More Information about the Geauga Planning Commission is available online. 

Observer: David Lewis

Editor: Sarah McGlone

Reviewer: Gail Roussey

Submitted: August 20, 2025

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