Board of Zoning Appeals denies variance

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WASHINGTON COURT HOUSE, Ohio — The City of Washington C.H. Board of Zoning Appeals denied a variance request from a small business at its meeting Wednesday evening.

Tony G. Penwell, owner of Tony’s Welding & Fabrication LLC, applied for a variance regarding a building he said he needed to construct at the rear of his property on Robinson Road.

Penwell’s business consists of welding, steel fabricators and designers that use state-of-the-art technology to make visions a reality for all size projects, according to its website.

Penwell said that he needed the extra building for storage because his other two buildings were at capacity. The building would have been built on his crushed-stone hard-gravel area, instead of on a concrete pad.

The plan submitted was drawn by Borkholder Buildings and stated, “All work shall be in accordance with the 2017 Ohio Building Code, amendments and related codes as adopted by the State of Ohio.”

Many forklifts drive across the gravel areas moving steel beams around the property. If the gravel was covered with asphalt, the steel beams and forklifts would damage the asphalt and it would need constant repair work. Semi-trucks also drive on the graveled area to make deliveries to his business, he said.

The board noted that the zoning ordinances do not make a provision for building on gravel, only paved surfaces, such as asphalt or concrete.

Penwell said he obtained a quote for asphalt for his property, but at over $300,000, the cost was prohibitive. He also got a quote for concrete which was more than double this amount, which he cannot afford.

A few of the board members asked questions of Penwell regarding paving his lot and other business-related items. Penwell explained his hardship and why cost was a driving factor in asking for the variance for his business.

On the five-member board, one member was absent, and when the vote came to approve or deny the variance, the vote was three against and one for granting the variance. Chairman David Fish said he was “for the variance because he did not want to put additional burdens on a small business who has done so much for this city.”

Penwell tried to ask a question or two, but building official Rod Bryant said it was too late because the vote was already recorded. This application was the only item on the agenda, and the meeting was adjourned promptly after the vote was taken.

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