Are Twinsburg 'City Officials' Promoting Lawlessness?

The Planning Commission and Board of Zoning Appeals (BZA) it seems, are being strong armed by ‘City Officials’, so that an 11 Acre parcel of land zoned R7 Senior Residence District can be quickly developed with 71 units on Darrow Rd (SR 91) without voter approval and in obvious violation of the City Charter, Zoning Regulations, and the Comprehensive Plan! If Mayor Yates, Law Director Mastros, Planning/Zoning Director Finch, and City Planner, Muter continue unabated in their efforts to fast track the 71 unit Senior Apartment hybrid development without a vote of the people, a grave injustice will result. Our ‘City Officials’ apparently have not learned, even after losing multiple zoning cases in the courts over the last 20 + years where Sally Gaydosh, as the defender of the people’s right to vote, has repeatedly won regarding zoning district uses, amendments, and for our right to vote thereon. It is clear that ‘City Officials’ are again in ‘Let’s Make a Deal’ mode with the passage of a waiver for a 30 day waiting period at their August 24th Council meeting; with Brian Steele the only NO vote.

Council President (and candidate for Mayor), Brian Steele, dared to question the procedures being followed and whether a real ‘hardship’ or just monetary consideration existed for the multiple variances granted by the BZA. Mr. Steele also said this proposed plan seemed more like a ‘Let’s Make a Deal’ in Twinsburg than sound land use planning. Mr. Steele reminded Council that zoning regulations were laws intended to promote and protect the public health, safety, and welfare of all the residents of the City. Mr. Steele’s statements apparently drew the anger of Mayor Yates and irritated several other Council members because he simply wanted answers to common sense questions while inquiring as to what legal authority the zoning regulations were being changed or amended. Mr. Steele is seeking the position of Mayor in the upcoming November 5th election and this zoning issue could be another consideration for change that many voters are looking.

Mayor Yates position on this development, as one of the ‘City Officials’, is confusing. The developer wanted to present a plan for senior apartments that was to have been in full compliance with the zoning regulations but since ‘City Officials’ did not like 130 unit 3-story apartment buildings, they apparently encouraged the developer to present a 71 unit senior apartment cluster homes which requires conditional uses, multiple setback variances, changes in density, and was a considered a hybrid development which does not currently exist in the R7 zoning regulations according to Planning Commission minutes. Is it possible that the City of Twinsburg is simply ‘for sale’ to developers whom are primarily motivated by profits? It seems the ‘City Officials’ are more concerned with ‘making a deal’ than complying with the zoning law(s) by waiving the 30 day waiting period requirement. Why does this deal need to be done quickly? Everyone living in Twinsburg should be concerned any time the rule of law is circumvented by ‘City Officials’ because it threatens our government’s integrity and accountability to ‘We the people’.

How can such disregard for the rule of law and its authority happen in Twinsburg? The City as repeatedly lost multiple court cases regarding their abuse of power and denying the voters the right to vote on changes to zoning districts, changes to height, density, percentage of lot occupancy, building set back lines, area dimensions of yards and open space requirements regulations known as City Charter, Section 7A.01, you would think they would learn? ‘City Officials’, most likely Mayor Yates, Law Director Mastros, Director of Planning Finch, and City Planner Muter should have learned that when R7 zoning district regulations are not complied with that the ‘people must vote’ on amendments. The R7 zoning regulations (Title III, pg 35) allow a maximum of 5 units per acre; that would allow a developer to build 55 units on 11 acres, not the 71 units ‘City Officials’ are attempting to fast track approval for, simply because it ‘looks’ good or ‘will fit in’ with the area well and requires 15-17 variances and conditional use exceptions! The City Charter, Section 7A.01 and Zoning Regulations are law(s) voted on by the people to control the land use and development of Twinsburg. Circumventing the law(s); by attempting to amend or make changes with multiple variance(s) and conditional uses without a vote of the people as required is the definition of lawlessness.

The City Charter and Zoning Regulations (Section 7A.01) are available from the Active Citizens of Twinsburg website: https://www.activecitizensoftwinsburg.com/constitution-s---city-charter.html

You can also read the court cases in that clearly reveals our ‘City Officials’ should know, if they would read and thereby learn that Twinsburg is unique in how the citizens control the development and land uses in Twinsburg by retaining the right to vote on zoning regulations, and district amendments, etc. and here is the link to those cases: https://www.activecitizensoftwinsburg.com/public-records-court-cases.html

Zoning Regulations authorize lawful land use and planning within a community and admittedly are difficult to comprehend and require learning. The average citizen is too busy making a living and providing for their families and therefore rely on our ‘elected’ Mayors and Council representatives to read and understand these regulations, if they intend to make informed votes. At the very least, City Council, should require the Law Director to provide written legal opinion(s) that clearly and precisely point out the legal authority and procedures to lawfully follow when amending our zoning regulation(s). Is it asking too much of Mayor Yates and Law Director Mastros, whom are well compensated public officials, to do their duty by protecting our Charter and Laws?

If the residents and voters of Twinsburg expect to have law and order in Twinsburg, they will need to get involved by attending the next several council meetings (Sept. 10th and Sept. 24th) and the next Planning Commission meeting on September 16th and let your voices be heard for law and order in Twinsburg. Remember if you do nothing you will still be responsible for consequences for our ‘City Officials’, especially if gross negligence and blatant disregard for the rule of law is the result! Become informed and get involved, your community’s future depends on you!

Loren Sengstock, Citizen Auditor & ACT Trustee

www.citizenauditorsohio.com or www.activecitizensoftwinsburg/html.home