CONTINENTAL —The heated debate between Kevin Homier and the
Continental Village Council regarding Homier’s building permit request
for the former Pirates Den to be converted into residential apartments
continued during the March 25 council meeting.
Scott Welch reported he had spoken to the Ohio Board of Building
Standards a couple times, most recently at 1 p.m. the day of the
meeting, to review the uniform commercial code.
the Council and those in attendance, “Even if the zoning is changed on
that building from commercial, as it is now, to a residential multi-unit
dwelling, it still is going to be subject to the uniform commercial
code, because there is less than a five-foot separation between that
building and any other building throughout. That is according to the
He continued, “If it is going to be under the commercial
code, you’ve got everything down to fire suppression systems and whatnot
that you’re going to have to comply with. Even if you get the zoning
change from commercial to residential…you still have to comply with the
state. It’s out of our hands.”
Welch stated, “If Kevin wants to
request that it be changed zoning-wise to meet with the use that you
intend to use it for, which is a multi-unit apartment, that’s fine, you
can go ahead and do so, but you have to contend with the zoning board.
You’re still going to have to comply with the state commercial code.
Whether you guys want to follow through with that or not is up to you.”
Terry Dockery, Sr. showed a petition that had been given to him. Over
100 persons who reside, work and/or do business in Continental who are
against the Pirates Den being changed into apartments had signed the
petition. Homier pressed the issue by stating, “So in other words, the
people I talked to were wrong.” Homier said he had spoken to a licensed
architect from the State of Ohio who “had been involved in about a
hundred of these, and that’s never, ever, ever happened any time he’s
ever done it.”
Welch questioned if the architect had done a site
inspection and if he was aware of the distance between the buildings had
to have a minimum five-foot requirement. Homier retorted, “So you guys
found the loophole that you wanted, right?” He also questioned what the
petition had to do with the permit.
Welch explained, “Anybody has
the right to petition when there is a requested zoning change and to be
heard by the zoning board. That is, it’s not a ripe issue yet. You
haven’t asked for a change in the zoning, anyhow. They couldn’t grant
your permit yet, until you get a change in zoning.” Homier questioned if
the zoning had to be changed to a residential one.
he was unsure of the exact classification for the residential
multi-unit. Councilman Tom Armey pointed out that the zoning on the
building had to be changed before Homier could make the proposed
renovations. Welch reiterated that Homier must change the zoning for the
Homier inquired, “What do you want from me? Give it to me straight.”
Todd Bartley replied, “When I talked to you last week, I told you I
wanted to see the proper blueprints with escape routes and fire escapes
and anything like that before we went any farther. If you’ve got that
stuff, I think we need to look at it, and if we have to refer it to
zoning, we’ll refer it to zoning.”
Homier presented a set of blueprints to Bartley and Armey.
Homier, who was in attendance at the meeting, queried, “You got a
hundred names you say who don’t want those apartments in town and may I
ask why? I mean, what is the reason they are so against apartments on
When Welch said the petitions are irrelevant at this
point, Bill Homier responded, “I understand that. I’m just wondering
why they’re circulating a petition when there’s apartments all over
town? Has it got something to do with the color of the people that’s
going to move in there?”
Welch shook his head, looked at the elder Homier, and countered, “Really?”
Kevin Homier said he had gotten phone calls on that issue.
cautioned Kevin Homier, stating that had not been brought up in
Council. He continued, “Outside of here is something else. Right now,
we’re talking about last week’s meeting and we’re talking about this
week’s meeting, ok?”
Welch added, “And honestly, Bill, we’re
talking about a commercial building that you want a residential
subsection. If Kevin wants to change the zoning, then ask for a zoning
change and go before the zoning board.”
Kevin Homier then questioned what the hardware store was zoned, as there are apartments above it.
“What I want to know why can’t that be a commercial building with apartments in it if there’s one right next to it?” he asked.
answered, “If they had a preexisting apartment before the building
adopted the commercial code, then so be it, it’s there. However, if they
asked to change anything that requires a building permit, then they are
subject to the ordinances and the commercial code…You’re the one that
wants to do this. You want to change the zoning, then ask the Village
and the zoning board to change the zoning.”
Homier admitted he did
not know the procedures that he needed to follow. Welch suggested
Homier contact his attorney to petition to have the zoning changed.
added, “It’s all state code. There’s no reason for getting in any
arguments. If you want to change it, like he (Welch) says, you’ll have
to follow the procedures to do so. You’ll have a zoning meeting with the
zoning members here. It’ll come back to council, and whether it gets
approved or not approved, that’s the steps that are going to happen.”
other matters, Mayor Dockery informed Council that the Ohio Department
of Transportation (ODOT) would not be paving Main Street until the
Spring of 2017. ODOT had requested if any other part of Main Street
needed attention before that time, the Village should notify them.
Leahy, from DJL Material and Supply in Akron, OH, met with Mayor
Dockery. The company has a $40,000 machine that seals cracks in street
pavement; they allow villages to use the machine at no charge. DJL would
also train employees to use the machine. The only stipulation is that
the village purchases the rubbery cement material, at a cost of 85 cents
per pound, from DJL.
Resident Donny Wagner said he had ordered a
building kit, and inquired if he needed a variance. The mayor suggested
that in order to be fair, Wagner should get his property surveyed. The
mayor also referred Wagner to Councilman Armey for any other issues.
approved resident Charlene Finch’s request for a water faucet/spigot in
the park. Finch explained she works with the Junior Gardeners to water
the park’s plants, and they have had to utilize residents’ personal
water supplies. The mayor said since there is a water line across the
street to the hydrant in the park that can be changed out, this Spring
would be an opportune time to make the change.
Council also approved:
• minutes from the previous meeting;
• bills incurred since last meeting;
• signature cards for five account at the Huntington Bank;
• the mayor’s attendance at the Northwest Ohio Mayors and Managers Association meeting on March 26; and
• the transfer of $10,000 from the general fund to the street fund.