City council wants timeline before deciding fate of partial lot

 

Ironton City Council members want to see a timeline of what happened when before making any decision about the zoning of a piece of property on Liberty Avenue.

At issue is part of a lot owned by Doug Philabaun, who also owns the adjacent lot where University Mart sits. Part of the lot is zoned commercial, part residential. The zoning of the lot was not an issue until Philabaun tore down a house on the lot this summer. Now, some residents are concerned he might try to use the lot for business development, something they don’t want.

Lawrence County Common Pleas Judge Charles Cooper, who lives near the lot, told council members Thursday that deed restrictions placed years ago when someone else owned the property take precedence over zoning changes the city has made since then.

Council President Mike Lutz told Cooper he understands the concerns of homeowners in the area, but he had a question.

“I keep reading about the guy in South Point who bought the old school and is this different?” Lutz asked.

Cooper said it was.

“The issue (there) is zoning and ‘shall we change it?’ Here, a deed restriction takes precedence,” Cooper said. “And the entire lot has the deed restriction.”

“Did the deed restrictions predate the sale of the property?” Council member Philip Heald asked.

“Yes,” Cooper replied. He contended the rezoning of the partial lot is an error, something council member Kevin Waldo took issue with. He said the idea that the rezoning of the lot from residential to commercial was an error seemed to him to be subjective.

“Just because it doesn’t conform to a deed restriction doesn’t mean it is an error,” Waldo said.

“But does this council have the power to override this deed?” Council member Aaron Bollinger asked.

“In my mind there is value in looking at a timeline,” Lutz said.

In a recent letter to city officials, Doug Philabaun, who also owns The University Mart, said he bought the oddly zoned lot because of the commercial designation.

In other matters, the Friends of Ironton gave the city a check for $6,495 for floodwall pump repair and replacement. The donation from FOI member Jane Griffith was made at Thursday’s Ironton City Council meeting.