Hide Article Text (OCR)
Irv s Tavern to buildTHE WAR BETWEEN Fran cis J. Touhey, operator of Irv’s Tavern, 757 W. Second St., and the city of Xenia is over.Touhey yesterday was issued a building permit to rebuild the damaged tavern, the subject of much dispute between him and the city.Touhey, after the new over-j lay zoning map took effect,! found Irv’s smack in the middle of a residentiaily zoned section. He was told that if his building was damaged to twice its assessed value for tax purposes, it was considered destroyed and could not be rebuilt.If it could be rebuilt for a cost less than twice the assessed value, he could do so and continue operation. Tuesday Zoning and Building Inspector Thomas Fister ruled that Touhey’s r e c o n s t r u e t i o n estimates fell within that formula and • he granted the permit, with conditions set by the Hearing Examiner.fMost of these conditions will come from the Architectural Review Board. IITOUHEY’S CASE is critical, mainly because of the zoning j question involved. When Touhey j found his zoning changed afterthe tornado, to residential, that meant any business in the area became a non-conforming use.A non-conforming use can continue in business after aj zoning change — no zoning; change can be used to zone! an existing business out ofi business — but should that business ever cease operation, or be destroyed, it could not1 reopen. jThat made the assessment ofi damages critical to Touhey. If: it would have cost him morej than twice the assessed value! to bring the building up to eitv and Health Department codes, it would have been declared destroyed and he would have lost his non-conforming use status. The business would have been through.ONCE IT WAS determined, however, that he could reconstruct the business for less than twice the assessed value, it became declared a damaged building and. for zoning purposes, had not ceased operations or been destroyed.Whiie the decision yesterday was important to Touhey, it also may hold ramifications for the entire corner bounded by W. Second St. and Allison Ave.City and Planning Commissions, in a pair of work sessions held over the last two weeks, had refused to considerchanging the zoning. They wanted to wait and lit what would happen in th« Touheycase.City Manager Robert Stewart told a group of Xenia businessmen, in a Monday night meeting that the Touhey. case would probably decide future zoning for that corner. Now that a business is going hack into that area, it is possible that the city may move to change that corner, but probably not the entire W. Second St, Trum bull, St. area, from residential to commercial.DOWNTOWN LOCATIONi O IA l UiiCOuMBI-RITEDISCOUNT CENTERS
Newspaper Details
Daily Gazette
Xenia, Ohio, US
Wed, Sep 11, 1974
Page 6
Full Page
Clipped by
Greene C.
OH, USA 27 Jul 2023
Other Publications Near Xenia, Ohio
Xenia Evening Gazette
Daily Gazette
Morning Republican
Evening Gazette
Xenia Daily Gazette and Torchlight
