A zoning officer walks on to a farm…
Kelly’s Working Well Farm and it’s subsidiary the “Chagrin Valley School” is a nonprofit farm near Chagrin Falls, OH, promoting sustainable agriculture through immersion. Its buildings are made of 100% natural material and are heated by rudimentary wood fire stoves. It is safe to say the whole farm is a bit unconventional, but in Ohio
One day, after 7 years in business, some local officials stop by. These officials didn’t understand the farm and the purpose of the nonprofits mission. Instead of opening a dialogue, a month later, they hand deliver a letter shutting down the farm and threatening fines of thousands of dollars.
We’re helping them fight back.
Watch this video to see what it’s like to spend a day on Kelly’s Working Well Farm!
A timeline of events
july 12, 2012
Kelly Clark and William Rowe buy a 6-acre parcel of land in Bainbridge Township, OH.
December 26, 2012
Kelly’s Working Well Farm is incorporated as an Ohio nonprofit corp. with a mission “to create a small scale, diversified educational farm based on permaculture principles that would serve as a model of sustainable, community-based agriculture, while teaching about and providing food and other products to the community.”
August 1, 2018
Kelly registers the trade name of “Chagrin Valley School” which would become the branch of the nonprofit focusing on agricultural education.
September 24, 2019
Without notice, Bainbridge Assistant Fire Chief William J. Lovell stops by Kelly's Farm. Mr. Lovell asks numerous questions about whether the nonprofit is a school or a daycare center.
Later on and again without notice, the State Fire Marshal, Fire Inspector and Bainbridge Township Zoning Inspector stop by the farm and ask for a "tour" which Kelly happily provides despite the intimidating tactics. After the tour they leave. They do not issue a report or take any further action.
October 17, 2019
Without notice, the Ohio Department of Job and Family Services stops by the Farm and looked around.
October 18, 2019
Without notice, Assistant Fire Chief Lovell visits the farm again and indicates that he recently talked to the Ohio Department of Education to try to help Kelly determine what licensing might she’ll need. He seemingly has decided that Kelly is a school even though she is indeed a farm with farm education.
Later that day Mr. Lovell asks Kelly to contact the "Educational Resources Center" to determine if that is the entity that should license Chagrin Valley School to operate even though their agricultural education has no curriculum, no classes, and follows no state standards.
October 23, 2019
Kelly Clark calls Mr. Lovell to update him on recommendations from ODJFS. In that call, it becomes clear to Kelly from the tone and demeanor of Mr. Lovell that he is no longer willing to help.
Later that day, Kelly Clark calls the Township Zoning Inspector to determine what she needs to do to satisfy local officials. The inspector asks Kelly to meet on October 25, 2019
October 25, 2019
Kelly Clark meet with both the Zoning Inspector and Mr. Lovell. The local officials push Kelly to state that her nonprofit is a school, but Kelly explains that the educational programming at the Farm has no set curriculum and that the operation is not a school. Nevertheless the Zoning Inspector hands Kelly a letter and stated that she must cease operations until a conditional use permit was obtained for the use of the farm property as a school.
October 28, 2020
Kelly’s Working Well Farm begins working with Fair Shake Environmental Legal Services.
October 31, 2019
Mr. Lovell arrives, again unannounced, with personnel from the police, fire, public health, zoning and building departments. Overwhelmed, Kelly, who was alone, states that she does not feel comfortable with their presence and would like to reschedule for a time when she can be accompanied.
November 1, 2019
Fair Shake Managing Attorney, Emily Collins, Esq. hand-delivers a letter to both the Township Zoning Inspector's office and the County Prosecuting Attorney on behalf of Kelly’s Farm stating that the Zoning Inspector's October 25, 2019, request that the farm "[p]lease cease operation ... until such time that all the appropriate permitting and licensing have been obtained" far exceeds the limited authority granted to Townships and Counties by the State of Ohio and that the Farm was restarting its operations upon delivery of the letter.
November 6, 2019
Mr. Lovell directly calls Kellys's cell phone despite Fair Shake’s request to direct all communications to Emily Collins who just happens to be present for the call. Mr. Lovell stats that he was calling to reschedule his site visit for November 7, 2019.
Emily Collins responds that she is unavailable that date but would like to be present.
November 7, 2019
Without any further communication Mr. Lovell, the Township Zoning Inspector, the State Fire Marshall, and personnel from Geauga Public Health appear at Chagrin Valley School with an Administrative Warrant issued at 12:07 pm on November 6, 2019, several hours prior to Mr. Lovell's direct call to Kelly and Emily.
Later that day the Township Zoning Inspector would deliver a "Revocation of Zoning Certificate"
November 8, 2019
Mr. Lovell schedules another meeting with Ms. Clark. During the meeting, the State Fire Marshal delivers a Serious Hazard Order requiring compliance with "portions of the OAC (1301:7-7-01 through 1301:7-7-80), including, as required by the Fire Code Official, not occupying and/or allowing occupancy of [Kelly's Working Well Farm], until the SERIOUS HAZARD is abated…
November 9, 2019
Bainbridge Township Fire Department issues Citation and Order #19-11-07 to Kelly’s Farm/Chagrin Valley School.
November 14, 2019
Fair Shake and Chagrin Valley School file a Notice of Appeal with the Bainbridge Township Board of Zoning Appeals asserting that the Zoning Inspector's interpretation of the Bainbridge Township Zoning Resolution and associated revocation of Chagrin Valley School's agricultural zoning certificate was improper, illegal and without authority because the activities at the Farm are agricultural and educational and recreational agritourism.
December 9, 2019
Fair Shake and Chagrin Valley School appeal the Fire Citation to the state Board of Building Appeals.
December 19, 2019
The Board of Zoning Appeals holds the first hearing on the matter. The Board schedules a second hearing continuing the matter on February 20, 2020.
January 16, 2020
The Board of Building Appeals holds a hearing on the Fire Citation.
January 17, 2020
The Board of Building Appeals mails an Order upholding the citation "Based upon the evidence submitted and testimony, the Board upholds the citation and (sic) assess a one-time civil penalty of $15,000 to be held in abeyance for a period of 180 days from the date of this order, to allow the Appellant time to apply for and obtain any necessary permits from the Geauga County Building Department. If all violations are not abated within one year, from the date of this order, an additional $7,500 per month shall be assessed.”
February 7, 2020
Fair Shake and Chagrin Valley School file a closing brief to the Bainbridge Township Board of Zoning Appeals prior to the February 20th hearing date.
That same day, counsel for the Bainbridge zoning inspector filed a brief as well, but failed to inform Fair Shake or Kelly until the next day. You can read their brief below.
February 12, 2020
The Board of Zoning Appeals postpones the hearing until March 19th, 2020.
February 18, 2020
A Notice of Appeal of the Board of Building Appeals Final Order is sent to Common Pleas Court of Geauga County.
March 13, 2020
Kelly’s Farm and Fair Shake File a rebuttal to the Board of Zoning Appeals
March 14, 2020
The Board of Zoning Appeals postpones the hearing indefinitely due to Coronavirus Pandemic.
To be continued…
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