UPDATE @ 8:12 p.m. (Aug. 6): The Miami Twp. Board of Zoning Appeals voted 3-0 Monday night to uphold a violation citation issued to a wedding venue operator.
The business on Upper Miamisburg Road this spring contested the violation that led to a criminal charge. The owner can appeal to Montgomery County court.
A Miami Twp. wedding venue operator’s appeal of a zoning violation that led to a criminal court charge is set to be heard tonight.
The township’s board of zoning appeals first considered the case of the owner of the Stoney Hill Bed and Breakfast last month, but reached no decision.
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The township this spring issued a zoning violation citation to Darren Powlette for his operation at 7757 Upper Miamisburg Road. But Powlette contends townships “do not have the power to prohibit the use of land for ‘agritourism’,” documents show.
Powlette, 50, pleaded not guilty in Miamisburg Municipal Court in May to the misdemeanor criminal charge in connection with activities at the venue.
He is required to appear in court Aug. 13 for a pre-trial hearing, court records show. The charge stems from an incident on April 19, according to court records.
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A neighbor called authorities after he said members of a wedding party entered his property and petted his horses before his wife told them to leave.
The case is set to be heard today at 6 p.m. at the Miami Twp. Government Center, 2700 Lyons Road.