Recordpub.com - Nelson zoning board denies Amish school Panel divided before clerk cast vote to break 2-2 tie

By Diane Smith

Record-Courier staff writer

NELSON — Portage County’s first Amish school will not be built, at least not this year.

The township’s board of zoning appeals turned down a variance request by the Nelson Amish Church, which wanted to build Tinkers Creek School on Ely Road. The one-room schoolhouse on a two-acre lot was to be built on property being sold to the Amish board of education by Jim Detweiler, a member of the congregation.

The panel was divided on the controversial request, with some speaking in support of the school and others saying the variance was too big of a departure from the township’s zoning regulations. Clerk Jackie Cable, an alternate on the panel, eventually cast a “no” vote to break the 2-2 tie.

The request ran afoul of the township’s zoning regulations for two reasons. First, the township’s minimum lot size is three acres. Secondly, the parcel’s frontage of 60 feet is 130 feet short of the recommended lot size.

About 80 Amish families now live in Nelson. Last month, spokesman Marvin Byler said children are now being transported to Geauga County by taxi to attend school, a prospect that is both costly to families and counter to the Amish beliefs.

Chairwoman Dawn Kahoun said she cast her no vote with “a heavy heart” but explained that the panel was bound by its zoning code and she could not justify the variance.

“I appreciate what you’re trying to do, and I hope you find an area where you can put a school,” she said. “It’s just a big variance.”

Board member Kathy Tylicki, a teacher, pointed out that Amish families pay taxes for public schools, and don’t receive any benefit.

“The Amish community pays taxes so your children can have a good education,” she said. “How can we deny them the right to educate their children?”

She also noted that 50 children do not make much noise, and that the Amish community is well aware of the dangers of traffic.

Board member Ray Sawyer said he had the opportunity to work near an Amish school once, and was impressed by how well-behaved the children were.

“Personally, I think we welcomed them as residents when they moved in, and just because their lifestyle is a little different than ours, I don’t think we can come down on them for this.”

Board member Chuck Sharp, however, expressed concern for the traffic on Ely Road, saying he would not approve anything that might put a child in danger.

After the meeting, Byler said the church would continue its search for a piece of land and work toward building a school for the following school year. He said even if approval had been granted Wednesday, it still might not have been possible to get the school approved and built before classes start in the fall.

An Amish man who did not give his name left the meeting angrily criticizing the decision, saying it was a religious freedom issue.

“We support your kids, but you can’t support my kid,” he said. Later, however, he said he still wanted to be friends with his neighbors.

6.	Posted by Nanny_Society June 12, 2009
	Simple Simon: Since low-income people can't afford the cost of large lots, the effect of the zoning is exclusion. Sadly, it now seems that too many middle-income people can no longer afford them, either. The board is suppose to consider hardships and balance them against the zoning rules. Clearly, it is a hardship, and an increased hazard, for the Amish to transport their children to Geauga county for schooling. Against that the board would weigh any hardships the school would create. They should also consider the benefits of having the school there as well. I did not read in the article that any of the neighbors raised any objection. Board member Chuck Sharp should not have raised any concern for the traffic on Ely Road since the school was not presumed to add to it. It is understandable that he did so, but that concern is beyond the scope of zoning. It also presumes that is safer for the children to be transported the greater distance. As far as preventing developers from creating small plot developments, I can think of no greater ally in accomplishment that than the Amish. I feel that it would be wiser to remove the impediments that were put there for another purpose so that the Amish would feel the welcome they deserve.