toledoblade.com --

Opponents of a school for at-risk high school students have lost their appeal to keep the school out of their Old Orchard neighborhood.

The Toledo Board of Zoning Appeals Monday denied an appeal of the decision to allow Glass City Academy to piggyback on the special-use permit obtained by Knight Academy for 2727 Kenwood Blvd., site of a former synagogue.

About a dozen residents of Old Orchard showed up in opposition to the Toledo Planning Commission's ruling.

Six residents testified against granting the special-use permit to Glass City Academy on the grounds that the new use exceeded the original permit's scope, that the school's presence would cause property values to decline, and that the permit applied to the user and not the land used.

Attorney Joseph D'Archangelo argued that Knight Academy had voided the special-use permit when it decided not to buy the property and that the Board of Revisions would be setting a dangerous precedent by allowing Glass City Academy to piggyback on the permit it itself had not obtained.

"Think about the chaos and precedent you would be allowing," he said. "The [special-use permit] was abandoned when Knight Academy did not buy the land."

Other residents added that they believed Glass City Academy's presence would cause neighborhood traffic to increase and that teenage drivers would pose a danger to children at the nearby Old Orchard Elementary School.

All residents who spoke pointed to the difference between the type of school that had gained approval and the type that would be moving into their community and expressed anger that there had not been a public hearing for them to voice their concerns.

"As a parent, a resident, a taxpayer, I am quite concerned and disheartened that we were not allowed to be heard on this," said Melissa Cousino, an Old Orchard resident who attended with her young daughter.

She added, "It's not apples to apples - it's apples to butterflies."

Glass City Academy is a "dropout prevention and recovery school" for students aged 16-21 in grades 11 and 12. Knight Academy is a charter school for students in grades six through eight.

Glass City Academy backers contended that their actions were in accordance with municipal law, that the school would have minimal traffic impact, and that neighborhood property values would decline more if the appeal were granted and the vacant building were left to deteriorate.

Testifying for Glass City Academy, Laurie Adams, a traffic operations engineer, said that both schools would have a similar traffic impact on the Old Orchard community.

Kenneth Wood, a certified appraiser who had appraised the site twice previously for prospective buyers, said Glass City Academy would have no negative impact on community property values.

Lane Williamson, an attorney representing Glass City Academy, said officials of the academy had complied in good faith with any and all requests for information.

"We believe there has been no change in the use of the land, no change in the impact," Mr. Williamson said of his client's case. "The [special-use permit] runs with the land and did not lapse."

After discussing issues including the meaning of abandoning a special-use permit and how specifically the original permit pertained to Knight Academy, council members voted 5-1 to deny the residents' appeal.

Now the residents' only recourse is legal action.

Contact Florence Dethy at:
fdethy@theblade.com
or 419-724-6050.

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