January 22, 2018 - Hearing 17-09

Harlem Township Zoning Commission 3883 South State Route 605

Galena, Ohio 43021

January 22, 2018

Chairman, Mike Kabler, called hearing HTZC 17-09 for John McCann, out of recess at 7:40 p.m. Mr. Kabler asked for a roll call of members.

Members Present: Robin Lobenstein, Joni Manson, Mike Kabler, Alan Czako, Tom Nied

Secretary: Sherrie Steele

Zoning Inspector: Not Present

Public Present:

Brad Moore, 10689 Keller Pines Ct., Galena, Ohio 43021

Steve Embaugh, 11345 Fancher Road, Westerville, Ohio 43082

Susi Perry, 10725 Fancher Road, Westerville, Ohio 43082

Kevin Perry, 10725 Fancher Road, Westerville, Ohio 43082

Brittany Bowers, 10736 Fancher Road, Westerville, Ohio 43082

Jeff Barr, 1561 Marietta Road, Lancaster, Ohio 43130

Herman Berk, 10745 Fancher Road, Westerville, Ohio 43082

Juanita Berk, 10745 Fancher Road, Westerville, Ohio 43082

Tommy Cooper, Fancher Road, Westerville, Ohio 43082

Jim Gehrig, 2680 Skelton Lane, Blacklick, Ohio 43004

Gary Smith, 7137 Parsons Road, Croton, Ohio

Mr. Kabler stated that when the Zoning Commission called the hearing to recess on January 11, 2018 they were to seek legal counsel. Mr. Kabler stated he had contacted Andrew King regarding the process the Commission should to follow. Mr. Kabler stated he had been advised that it was common practice to allow an applicant to revise and make changes to the proposed development plan during the hearing process per Zoning Commission discussion. A clean copy would then be presented to the Zoning Commission to consider for recommendation to the Trustees. At that point only the clean copy is submitted to the Trustees. The Zoning Commission needs to maintain the original submission, the strike out copy, a listing of the changes recorded by the zoning secretary and a clean copy of the application for the records.

Mr. Kabler stated he also asked if Mr. Czako would be permitted to vote on the application as he had been out of town for the first two nights of the hearing. Mr. Kabler stated he had been advised to ask the applicant if they had any objection to Mr. Czako voting on the request.

Mr. Kabler informed Mr. Smith that Andrew King had verified the procedure that Mr. Smith had discussed the night of the hearing.

Mr. Gehrig presented the secretary with 13 clean copies of the revised text and exhibits. Mr. Gehrig also presented Commission members with a strike out copy of the original text so they could verify the changes had been made. The secretary passed out the copies to Commission members.

Commission members then reviewed the text and exhibits of the clean copy against the secretary's notes and the strike out copy.

Mr. Nied questioned if the last line of the Fencing section should indicate how tall the fence is. Mr. Kabler stated the language indicates the fence will be 6' tall in green or black vinyl and will surround the property.

Mr. Kabler stated he verified on the Zoning Map the properties the applicant had stated were Commercial properties. Mr. Kabler stated the Zoning Map clearly indicates that Judges, Bell, and Kurapkat & Lakeman are Commercial properties.

Commission members indicated there needed to be a period placed at the end of paragraph D page 2.

Mr. Kabler asked Commission members if they had any further questions or corrections.

Ms. Manson made a motion that in as much as application HTZC 17-09 conforms to the intent of the Harlem Township Comprehensive Plan and appears to meet all applicable aspects of the Harlem Township Zoning Resolution, I move that the Harlem Township Zoning Commission recommend to the Harlem Township Board of Trustees said application be approved.

Ms. Lobenstein seconded the motion. Mr. Kabler asked if there was any discussion on the motion. Commission members discussed whether the motion should include the date of the clean copy.

Ms. Manson stated she would like to amend her motion that in as much as application HTZC 17-09, dated January 22, 2018, conforms to the intent of the Harlem Township Comprehensive Plan and appears to meet all applicable aspects of the Harlem Township Zoning Resolution, I move that the Harlem Township Zoning Commission recommend to the Harlem Township Board of Trustees said application be approved.

Ms. Lobenstein seconded the amended motion. Mr. Kabler asked if there was any discussion on the amended motion. Being none, Mr. Kabler asked for a roll call vote on the motion.

Tom Nied, aye. Alan Czako, aye. Mike Kabler, aye. Joni Manson, aye. Robin Lobenstein, aye. Motion carried.

Mr. Kabler stated the application would be forwarded to the Trustees who will meet on January 24, 2018. At that meeting the Trustees will set a hearing date for the application. The date must be within 30 days of the 24th • At the Trustees' hearing they will listen to the concerns of the public. The Trustees will then make a decision on the application. If the Trustees approve the application there will be a 30 day waiting period to allow for the public to file for a referendum on the application. lf the application does not go to referendum, 30 days from the Trustees' decision the rezoning takes place.

Ms. Berk asked who gets to vote if the application is put on the ballot. Mr. Kabler stated registered voters in Harlem Township are permitted to vote.

Mr. Berk asked if the public would be notified of the Trustees' hearing. Mr. Kabler stated they would not receive a notification by mail but the hearing date would be advertised in the Sunbury News.

Mr. Nied stated members of the public could attend the Trustees' meeting Wednesday, January 24, 2018, in order to find out what date the Trustees schedule their hearing.

Ms. Bowers stated she believed there was a discrepancy between the auditors' map and the zoning map. Ms. Bowers asked where she could get a copy of the application HTZC 17-09. Commission members stated there would be a PDF copy available if requested.

Ms. Berk asked where and what time do the Trustees meet. Mr. Kabler stated the Trustees would meet in the Community Room at 7:00 p.m. on Wednesday, January 24, 2018.

Mr. Kabler asked if there were any further questions. Being none, Mr. Kabler adjourned hearing HTZC 17-09 at 8:48 p.m.

Respectfully submitted,

Sherrie Steele, Secretary