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Ordinance 2022-11
- Published: April 6, 2022
— Public Notice —
WAIVING A DEED RESTRICTION TO PERMIT CONSTRUCTION OF A CHIMNEY SWIFT
HABITAT STRUCTURE AT 314 DAYTON STREET AND DECLARING AN EMERGENCY
ORDINANCE 2022-11, VILLAGE OF YELLOW SPRINGS, OHIO
Interested persons will take note that the Village Council of Yellow Springs on Monday, April 4, 2022, gave first reading to an ordinance and passed as an emergency, text to follow.
WHEREAS, by Ordinance 95-07 adopted June 5, 1995, Village Council authorized the sale of the real estate located at 314 Dayton Street, Yellow Springs, Ohio, from the Village to a private purchaser by a Deed with six restrictive covenants, including Restriction 3, which prohibited erection of any “permanent structures in the area between the Dayton Street property line and the existing Building line, except for a temporary structure used during reconstruction, repair or preservation of the building” as recorded in June 9, 1995 in Volume 913, Page 525 of the Greene County, Ohio Official Records; and
WHEREAS, Iron Table Holdings LLC purchased the real estate November 23, 2020, “subject to all restrictions, easements, conditions and covenants of record” as recorded on December 3, 2020 by Instrument No. 2020025193 of the Greene County, Ohio Official Records; and
WHEREAS, in 2021, Iron Table Holdings LLC subsequently obtained Planning Commission approval for conditional use of the building for joint occupation by WYSO Radio and Iron Table Holdings, and members of the public voiced concern for the chimney swift population on site due to the plans; and
WHEREAS, the Village Environmental Commission recommended erecting a structure comparable in form to replace the existing chimney swift habitat prior to April 15, 2022 due to seasonal nesting patterns for the species, but the location identified for such structure would violate the deed restriction;
NOW, THEREFORE, COUNCIL FOR THE VILLAGE OF YELLOW SPRINGS, OHIO HEREBY ORDAINS THAT:
Section 1. The Village Manager and Council President are authorized to execute an Amendment of Deed Restriction 3 in a form substantially similar to attached Exhibit A to permit construction.
Section 2. Amendment of the Deed Restriction shall be recorded at Iron Table Holdings LLC’s expense.
Section 3. This Ordinance is an emergency measure necessary for the public purpose of preservation of a known population of chimney swifts, a species classified as “Vulnerable” by the International Union for Conservation of Nature, and shall take effect immediately upon passage..
Brian Housh, President of Council
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