A RESOLUTION
BY:
NO.
PURSUANT TO SECTION 1009.1(G) OF THE OAKWOOD ZONING CODE, EXTENDING A ZONING CERTIFICATE PREVIOUSLY ISSUED FOR 1911 RIDGEWAY ROAD.

WHEREAS, on two (2) separate occasions, the owner of 1911 Ridgeway Road previously sought and was issued a zoning certificate for the construction of a detached workshop structure (“Bottega”) on said property, which was intended to be one phase of a multi-phase development of that property; and

WHEREAS, although most phases of the development of 1911 Ridgeway Road were completed, including substantial steps to install water, sewer, and electric utility lines for the Bottega, it was not constructed within the allotted time and the zoning certificate for the structure lapsed; and

WHEREAS, for reasons unrelated to the development of 1911 Ridgeway Road, the Zoning Code was subsequently amended so as to limit the height of detached accessory structures to 18’ (garages) or 12’ (all other accessory structures); and

WHEREAS, the owner of 1911 Ridgeway Road still desires to construct the Bottega, but due to its 35’ height would be prevented from doing so under the current provisions of the Zoning Code; and

WHEREAS, because the Bottega was previously approved by Council, and due to the uniquely large setting of 1911 Ridgeway Road, which exceeds 10 acres and can accommodate a larger structure without adverse impact to the surrounding neighborhood, Council wishes to exercise its authority under Section 1009.1(G) of the Zoning Code to extend the zoning certificate previously issued for the Bottega, but also wishes to establish a final deadline after which no further extensions will be granted;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OAKWOOD, MONTGOMERY COUNTY, OHIO, THAT:

SECTION I.

Pursuant to its authority under Section 1009.1(G) of the Oakwood Zoning Code, Council hereby extends and renews the zoning certificate previously issued to John Gray for the construction of a detached workshop “Bottega” structure at 1911 Ridgeway Road, a rendering of which is attached hereto and incorporated herein as Exhibit 1.

SECTION II.

The extension hereby granted shall become null and void, without need for further action of Council, unless a building permit has been issued and construction has commenced within one (1) year from the date of adoption of this resolution. No further extensions may be granted.

SECTION III.

It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.

SECTION IV.

This resolution shall take effect as of the day of its passage.

PASSED BY COUNCIL OF THE CITY OF OAKWOOD, this ___ day of _______________, 2021.

Mayor William D. Duncan
ATTEST:
Clerk of Council