Michael & Dawn Farinacci
P.O. Box 185
Asutinburg, Ohio 44010
June 12, 2007
Austinburg Township Trustees
P.O. Box 134
Austinburg, Ohio 44010
RE: Reversal of Decision
Dear Trustees:
This letter is a request to you, the Board of Trustees, for a reversal on your decision of March 12, 2007. This request was for a map amendment change on our property located at 3951 State Route 307. If you recall, our request was that we required a map amendment change to rezone 2 acres from R1 to NC so that we may convert the existing house/structure into a professional office. This property is located on the same parcel as our winery and we do not think it is appropriate for this house/structure to be rented out as residential. Furthermore, the Zoning Board's decision was only based on an opinion, a map and a resolution, not a comprehensive or adopted plan. Therefore, it was the opinions, not an adopted plan that disallowed this change.
The individuals making these opinions have biased opinions and motives not to grant this change and only based their decision on what they feel or think the growth of Austinburg Township should be. Since we are connected to NC and our intention to operate this property would be NC then what was the legal premise/law that was used to make the decision to disallow this change? Making a final decision based on personal opinions, especially in this case, where there is an unfriendly relationship between members of the zoning board and ourselves, would be considered biased. Therefore, to remove the human element from this decision and others, Austinburg Township must adopt a township plan that would be used to enable unbiased decision making criteria.
Additionally, this decision/action has kept us from utilizing this house/structure in a reasonable manner. Therefore, this property is directly suffering from this decision.
If you elect to uphold your decision, than what was your legal premise for what your decision was based on as well as the adopted plan that you used to make such a decision?
Thank You,
Michael & Dawn Farinacci
Farinacci Winery, Ltd
6/19/2007 Letter was put into record at monthly trustee meeting and
sent to prosecutors office for a legal opinion.
8/3/2007 Still no answer. I am sure Sartini's office is busy with
the many other Austinburg legal inquiries. Tom why
bother they do not take your advice anyway!