A Miami Twp. wedding venue operator facing a court charge is seeking to appeal a zoning violation that prompted that case, saying the township has “no jurisdiction.”
The owner of the Stoney Hill Bed and Breakfast at 7757 Upper Miamisburg Road has applied to the township’s board of zoning appeals regarding the zoning violation citation.
The board tonight is set to hear the appeal of Darren Powlette, 50, who pleaded not guilty in Miamisburg Municipal Court in May to the misdemeanor criminal charge in connection with activities at the venue.
“This agricultural zoned property is not subject to this zoning ordinance,” according to Powlette’s application to the township board. “Further, the township zoning commission, board of trustees, or board of zoning appeals have no jurisdiction to regulate this property.”
According to court records, Powlette is accused of violating Section 801 of the Miami Twp. maintenance and/or resolution code, which defines principal permitted uses for properties zoned as an agricultural district.
Powlette 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.
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.
Tonight’s case is set to be heard by the township BZA at 7:15 p.m. at 2700 Lyons Road.