Lake Twp: Judgment entry filed in zoning dispute

Wood County Common Pleas Court Judge Matthew Reger has signed a judgment entry that settles a dispute between the Lake Township trustees and James Mlynek, the owner of Woodville Road Nursery.
The parties were in a disagreement over two parcels Mlynek was using as a temporary transfer station for piles of leaves and yard waste that were to be mulched at his nursery on the other side of the road.
Judge Reger’s order, which was filed May 5, stipulates the board of trustees will consider Mlynek in compliance with the township zoning resolution if he meets certain conditions on the parcels, including:
- An existing 4-foot-high earthen mound along the western boundary of the parcels is maintained. Arborvitae trees that have been planted on the mound are also to be maintained and replaced if needed.
- The mound is to be extended to a length of 65 feet, with the extension to be complete by July 31, but trees aren’t required on the extension.
- A pile of topsoil on the parcels is to be moved so it is at least 25 feet from the boundary of the parcels with an adjacent parcel.
- Mlynek is to maintain 25-foot buffer yards along the boundaries of adjacent parcels and seed them by July 31.
Under the judgment, the board of trustees agrees Mlynek has complied with the zoning resolution’s regulations by using the parcels for retail sales and that his operating a transfer station on the parcels is a valid “accessory use” as defined by Ohio Administrative Code.
Mark Hummer, township administrator, said the settlement in common pleas court also concludes a related criminal case in Perrysburg Municipal Court.
The parties reached an agreement in an April 14 mediation session, he said, and the trustees approved it at their April 20 meeting.
Mlynek purchased the parcels in 2017 and in May 2018 the trustees approved his application to rezone the parcels from R-2 residential to B-2 general commercial, contingent upon him constructing an earthen mound along the perimeter adjacent to Bailey Road and planting trees on the mound.
The lawsuit contended his using the parcels for the leaf piles wasn’t a permitted use or covered by a conditional use in the zoning resolution.
Residents of Bailey Road also complained about odors from the piles.