A pair of zoning issues were discussed during the public comment of the Mahoning Township business meeting Wednesday night. Cindy and Victor Grosser came to discuss a variance for adding sewage to an auxiliary building on their property on Twin Hill Road and Route 443 to convert it into a rental. Nicole and Norm Hibbler also attended to discuss a mobile home that was partially on a neighboring property. Zoning Officer LeRoy Leibenguth met with both parties and denied their zoning permits respectively.

The Grossers addressed the board first. "We have an existing home on 1.1 acres of ground and have a detached building we want to make a rental. We talked to the SEO, who told us to have our checkbook ready when he came."Vince Grosser said that Sewage Enforcement Officer Scott Beiber told them they had some possible options including perc testing the ground or installing one system for both buildings. "On March 20th with the SEO there, he had the ground excavated in three different places before he told us we could install a sand mound."He told the board he and Beiber went inside to complete the paperwork and at some point in the conversation Beiber called Leibenguth to find out if the property could have a second system installed. "LeRoy told him no one system per lot," Grosser said. At that point he said Beiber stopped the paperwork and would not accept the $650 payment for the permit.He told the board they spent $350 for the excavation and the Grossers felt that Beiber should not have walked them through the motions when he was not going to be able to complete the permit.Solicitor Tom Nanovic told them the problem is that in order to build a second septic system or residence on the property, even if it is just a rental, the Grossers would need at least two acres of ground. "The problem is not the sewer system; it is township and state regulations. The zoning code requires a land development plan if you are trying to put two buildings on one lot."Cindy Grosser pointed out to Nanovic that a nearby property has the same conditions. "Bill's Bakery is a quarter mile down the road, sits on 7/10ths of an acre and has the same circumstances." Supervisor Bruce Steigerwalt asked if they knew how their property was zoned. Grosser said she believed it was R-2 ,which is low-density residential."If you are in an R-2 zone, you need (to have) one acre for each dwelling unit, and if you have more than one residential unit on a lot you need a land development plan," Steigerwalt said.Nanovic added that besides the land development plan, they would need a variance for the extra dwelling plus they would need to meet the coverage distances from the building to the neighboring properties.Victor Grosser asked how to get the variance. Nanovic told him they would need to apply for the zoning permit for the extra building, and the zoning officer will deny it. At that point they can appeal the denial to the zoning board to get a variance.Steigerwalt added to get the variance they would need to prove a hardship or unique circumstances that would let them bypass the normal code. "I would recommend before doing anything, you come into the office and get the section that you are being denied under and the section on how variances work and see if you can meet the conditions that are acceptable for receiving a variance. That way you can decide whether it is worth the additional investment."After the Grossers, Nicole Hibbler addressed the board. She first appeared last month to find out how to deal with a trailer on her mother-in-law's property that was partially on a neighboring property. At that time she was told to apply for a permit."We are here tonight trying to figure out the status of it (the permit)," Hibbler said.Leibenguth said he visited the property to measure the distances and found the trailer was 10 feet over the apparent property boundary. He told the board when he spoke to the neighbor she apparently had no objection to it. He believed the trailer was placed on a foundation and was considered a structure."The trailer is on its axles," Hibbler said. Steigerwalt asked if there were any prior permits and was told by Township Secretary Natalie Haggerty there were none. Supervisor Frank Ruch asked Leibenguth if he was going to deny the permit, and he told Ruch he was.Solicitor Tom Nanovic said once Leibenguth denied it, the board would review it. He pointed out that usually in a case like this if the neighbor doesn't object, usually the board does not have an issue with the variance, but if they were to object, it could cause a problem.Norm Hibbler told the board the couple recently received a letter from the solicitor for the sewer authority requiring them to connect the trailer to the sewage system. "They want us to connect a sewer, but the building does not have water connected to it."Nanovic told them the Mahoning board could not help them with that issue and they would need to see the municipal authority. With regard to the permit, he told them when they received Leibenguth's denial they could appeal it and apply for the variance. He recommended if the neighbor came to gave her input and consent it would probably help them present their case better.