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Property rights, river view clash at zoning hearing

DEVELOPMENT OPPOSED — The Toronto planning and zoning commission on Tuesday heard from a local business owner planning to establish storage units near the city’s north end marina and from a neighbor who opposed the move. -- Warren Scott

TORONTO — On Tuesday, the city’s planning and zoning commission heard from a local business owner hoping to establish storage units near the city’s north end marina and from a neighbor who opposes them.

The discussion was part of a hearing held by the city board on the approval of a conditional use permit sought by Wild Knights LLC to add storage units along River Avenue.

Roger Fisher, who co-owns the business with Vince Zastudil, presented to the board plans for three 24-foot-by-100-foot units — one near the entrance to the marina and Last Resort Riverfront Bar & Grill, another across from St. Joseph Catholic Church and one between them.

The board unanimously agreed to grant the permit, which would allow other storage units to be added if desired, but not before hearing from Todd Leasure, a neighbor who protested the move.

Leasure said one of the units will obstruct his view of the Ohio River, which he said he’s enjoyed for the many years he has lived there.

“That’s my view. I’m not giving up my view,” said Leasure, who said obscuring it violates his right to “peace and tranquility.”

Fisher countered that he has a right, as the property’s owner, to develop it.

“Why do you get to choose what I do with my property?” he asked Leasure.

It was noted the property in question has been zoned commercial for at least 30 years, and the conditional use permit is needed because the city has no ordinance for storage units.

When Leasure stated he was only opposed to the unit near his home, Fisher asked if he was willing to rent the property for $2,000 per month, which he expects to gain through the storage rentals.

Leasure said he was not and suggested the matter might be settled in court.

In December, Leasure also had objected, on the same grounds, the issue of a conditional use permit to Wild Knights for the creation near the marina of 10 concrete pads with utility hookups for recreational vehicles and traveling trailers.

Fisher and Zastudil said the intentions are to encourage more visitors to the marina, which they own, while also benefiting the city.

Leasure said he had collected signatures from 172 residents opposing the camp sites, but few people objected to them at a hearing held by the planning and zoning commission on that request and at a later council meeting in which that panel supported the commission’s decision to grant that permit.

During Tuesday’s hearing, Leasure complained also of trash on the property.

Fisher told the board it will be addressed, while Bill Lucas, the commission’s chairman, noted the city’s code enforcement officer can be dispatched to check the site.

Leasure also questioned whether it was a conflict for Lucas, a local insurance agent, to participate because

Wild Knights may require flood insurance.

Fisher told Leasure that Lucas is not his insurance agent.

“He doesn’t have one policy from me,” he said.

Lucas said flood insurance isn’t required of the property eyed for the storage units because, located at a higher elevation, it’s not in the floodplain.

After the board voted to grant the permit, Lucas told Leasure, “I don’t know what to tell you, Todd. It’s nothing personal against you.”

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