Litchfield BZA upholds cease-and-desist order regarding business activity in a residential area

LITCHFIELD TWP. — The Litchfield Board of Zoning Appeals determined during an administrative hearing on Thursday that the township's zoning inspector acted within his authority by issuing a cease-and-desist of business activity order within a residential district. Appellant Shane Cook said Ryan's Signature Landscaping has been taking care of his yard ever since he was deployed last year. In exchange for the landscaping service, he allowed company trucks and trailers to be parked on his property on Beat Road. "They're to the rear of my property," he said. "You cannot see them from the road. It's very minimal equipment, very minimal people that does not generate that much traffic." Neighbor Robert Drager said multiple days a week for most of the year, there is significant traffic going back and forth from the property for the landscaping business. "The business for the first year, we gave them grace with him being deployed," he said. "The business has grown." Zoning Inspector Eric Noderer said he received a complaint from Drager on Nov. 11 claiming business was being operated in Cook's backyard around an accessory building. Since the business owner does not live at the Beat Road property and Cook does not have ownership over the landscaping business, it does not meet the criteria for a home-based business, he said. "It's not a permitted use in the zoning residential district," Noderer said. "If he doesn't own the business, you can't just let any business park in your backyard. They're coming and going and utilizing the vehicles that are parked back there." Cook said Section 216 of the Litchfield Township Zoning Resolution, which pertains to outdoor storage, could apply to his situation. Noderer disagreed. "The vehicle storage definition is an operable vehicle in good repair that is parked or positioned in the same location or place and has not been used or operated as originally manufactured or designed for a consecutive period of 31 days or more," Noderer said. "That pretty much excludes everyday use or weekly use for parking of vehicles." Ryan's Signature Landscaping vehicles parking at his property is a temporary arrangement, but there was no specific end date, Cook said. The business owner is looking at other potential places to store the vehicles. The board affirmed the zoning violation order because Cook is not the business owner and the vehicle movement is a non-residential business use. BZA member Dave Borling said Cook can appeal to the Medina County Court of Common Pleas if he is not satisfied with the board's decision. Contact reporter Madisyn Woodring at (330) 721-4049 or mwoodring@medina-gazette.com.