Entire Energy makes new bid for approval

By SARAH SOLE

ThisWeek Community News Wednesday February 15, 2012 1:50 PM

A recycling-based company that wants to open a Grove City facility is taking another stab at meeting zoning requirements.

Grove City is reviewing additional information from Entire Energy and Renewables, which plans to open a facility at 3570 Sunshine Park Place. The company would use 48 tons of shredded tires per day to create products such as a pigmentation medium, scrap steel and synthetic natural gas.

“We hope that the city, with the additional information provided, is able to conclude that clearly the current zoning is appropriate for our business,” said Rich Sloan, a manager at Entire Energy. “We have a process in place that we’re going to stick to and hope that it’s successful.”

Grove City previously determined the company didn’t meet the city’s zoning code after Entire Energy sent a zoning analysis to the city on Jan. 11.

The company’s primary function, the reclamation of carbon black, doesn’t meet current zoning requirements and doesn’t fall under the city’s acceptable-use classification of refuse systems. Entire Energy also has the option of seeking a recommendation of approval from the city planning commission.

City building official Mike Boso said Entire Energy gave the city additional information on Feb. 7. “I’m still looking it over and analyzing it,” Boso said. “We’re here to work with people.”

Stephen Smith, special counsel for the city, is unable to review Boso’s response since his firm, Ice Miller LLP, serves Gary Curry, who owns the building and is part of the joint venture with Entire Energy. Smith will find the city alternative special counsel.

The letter delivered to Boso from Curry’s legal counsel, Vorys, Sater, Seymour and Pease LLP, includes Entire Energy’s planned process and an analysis showing how the proposed use conforms to the current zoning classification. The letter states that since Entire Energy meets the zoning code, Curry should not be required to seek a special use permit.

“Such differential treatment would deny Mr. Curry equal protection under the law. In addition, denial of a permitted use exposes the city to suit for violation of due process and an injunctive action to enforce Mr. Curry’s rights under the zoning code,” the letter states.

Curry’s legal counsel requested a response by Feb. 15.

May 23, 2012 | Currently: 78° Partly Cloudy

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