2010-12-04 / Editorials & Letters

Wells gets unexpected answer to her zoning complaint

Editor:

I’ve been waiting for weeks for an official response to my Oct. 29 revised complaint regarding the illegal “parking area” in the Cranberry Bay R2 district. After pressing for a response on Monday, an official response dated Nov. 9 from Village Solicitor Richard Bindley materialized. I’m so impressed with the letter that I’ve paid for an ad so everyone in the village can read it. The ad appears below this letter.

If I had simply quoted from what I’m calling the “Bindley Doctrine,” some readers might have thought I am making it up. Apparently, our solicitor believes our village is the Wild West. After reading his letter, you’ll wonder why we even have zoning regulations. After all, “what could possibly be the compelling governmental interest for the Village of Buckeye Lake (if we put it) into application,” according to him.

Bindley states, “How can it be justified to interfere with the right of ownership and the right to use property you own without governmental restriction or regulation when there is absolutely no prejudice or harm to anyone.” With all due respect, Mr. Bindley, in this case there most certainly IS PREJUDICE and there IS HARM.

Clearly, the zoning regulations require a PERMIT if there is a change in the use of land. I have photographic evidence that the newly developed parking area, parking spaces, parking lot – whatever you want to call it –is indeed, a change in the use of land. And, a big change at that, especially for a RESIDENTIAL district! Why is it that all of us common residents must follow the zoning regulations and get a permit when required, but Planning Commission & Zoning Chair Karen Cookston does NOT have to get a permit? THAT’S PREJUDICE!!!

Secondly, the “harm” is to our property values and public safety! How would you, Mr. Bindley, like to have a 160’ x 25’ parking lot composed of ground pavement located in front of YOUR Harbor Hills home? Don’t you suppose that the presence of that parking lot along with the 15 cars, trucks, trailers, etc. that could be parked there would affect the value of YOUR home? I bet it wouldn’t be tolerated in Harbor Hills.

Furthermore, zoning regulations require parking areas be offset from the street, have proper entrances and exits for traffic safety and proper screening with landscaping or fencing. This 4,000 sq. ft. parking area is located on Anchors Way – the only public entrance to and exit from Cranberry Bay and is also used by Carlin Addition residents due to the poor condition of their private streets. The parking lot’s poor design forces all vehicles to back out onto this busy street.

Now that we have the ‘Bindley Doctrine,’ I look for the mayor to disband the Planning and Zoning Commission and release Bob Jordon from his position as Zoning Inspector. I also look for the mayor to order the “zoning enforced” signs to be removed at the corporation limits. After all, since the solicitor has determined that our zoning is not constitutionally justified, we’ve got to chuck it all! Everyone, have your own way with the Village of Buckeye Lake. Do as you will – it’s your property, so says the Bindley Doctrine.

But I have a sneaking feeling that the Bindley Doctrine may just apply to Karen Cookston and a few other privileged residents.
Peggy Wells
Buckeye Lake

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