February 4, 2019 - Hearing 19-01

Harlem Township Zoning Commission

3883 South State Route 605

Galena, Ohio 3

43021

February 4, 2019

Chair, Mike Kabler, called hearing HTZC 19-01 for Horace and Tina Hen riot to order at 7:05 p.m. Mr. Kabler asked for a roll call of members.

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

Alternate Present: Bill Needham

Secretary: Sherrie Steele

Zoning Inspector: Not Present

Public Present: Horace Henriot, 6351 Harlem Road, Westerville, Ohio 43082

Tina Henriot, 6351 Harlem Road, Westerville, Ohio 43082

JD Hughes, 6498 Harlem Road, Westerville, Ohio 43082

Mr. Kabler introduced Commission members and the secretary. Mr. Kabler explained the rules and procedures for the hearing. Mr. Kabler opened the hearing and asked the secretary to read the public notice.

PUBLIC NOTICE

The Harlem Township Zoning cam mission is being asked ta consider the fa/lawing:

Horace and Tina Henriat, 6351 Harlem Road, Westerville, Ohio 43082, are seeking ta rezone

2.156 acres from Current Zoning, AR-1 Agricultural Residential ta FR-1 Farm Residential,

Physical address far the property is 6351 Harlem Raad, Westerville, Ohio 43082.

The hearing will be held on Monday, February 4, 2019 at 7:00 p.m. at the Harlem Township

Firehouse, 3883 South State Route 605, Galena, Ohio 43021. The hearing is open to the public. The application and accompanying documents are on display at the rear door of the Harlem

Township Firehouse, 3883 South State Route 605, Galena, Ohio 43021.

Mike Kabler, Chairman

Mr. Kabler asked the secretary if the application was on the correct form. The secretary stated the application was on the correct form. Mr. Kabler asked if the applicants had signed the

application. The secretary stated both applicants had signed the application.

Mr. Kabler asked what the specific zoning request was. The secretary stated to rezone 2.156 acres from AR-1 Agricultural Residential to FR-1 Farm Residential.

Mr. Kabler asked Commission members if the correct legal description had been submitted in text and map and do they reinforce each other. Commission members found no concerns.

Mr. Kabler asked the secretary if the adjacent, adjoining, contiguous property owners had been notified ofthe hearing. The secretary stated the adjacent, adjoining, contiguous property

owners had been notified by first class mail. There had been no letters returned. Mr. Kabler asked if there were any non-notified property owners present at the hearing. There were no non-notified property owners present. Mr. Kabler asked if there were any waivers for non­

notified property owners. The secretary stated there were no waivers.

Mr. Kabler asked Commission members if there were any other errors noted. Commission members found no other errors.

Mr. Kabler asked for the recommendation from Delaware County Regional Planning Commission. The secretary stated Delaware County Regional Planning Commission recommended approval of the application.

Mr. Kabler asked if the Review Team had been utilized. The secretary stated the Review Team had been utilized.

Mr. Kabler opened the hearing to Commissi_on members and asked if they had any questions. Mr. Nied asked about the acreage when the original application was received. The secretary

stated the original application was corrected and initialed the night it was received. Mr. Nied

asked about the Deed for the property. The secretary stated Mr. Hen riot had dropped off

copies of the Deed and the copies had been distributed to Commission members.

Mr. Hen riot stated they had to have the property resurveyed due to easements and rights of

way. Mr. Hen riot stated the discrepancy was between the Township and the County.

Mr. Kabler stated he did verify the calculations from the new survey and they are correct. Mr. Nied questioned the net acreage once the easements and rights of way were removed. The

original acreage is 7.580 acres. The remaining lot will consist of 5.424 acres with 5.039 net

acres remaining. The new lot will consist of 2.156 gross acres and 2.007 net acres. Mr. Kabler stated there is enough acreage on the remaining lot for the lot to remain AR-1 zoning.

Mr. Nied asked if there were any other easements or rights of way on the property. Mr.

Hen riot stated there were gas lines down the side of the property.

Mr. Kabler opened the hearing to the public for any comments or questions. JD Hughes, 6498 Harlem Road, Westerville, Ohio 43082 stated he owns the property across and behind from the property in question. Mr. Hughes stated he sees no reason for board members to not approve the application.

Mr. Kabler stated he had received an e-mail from Jim and Judy Steelesmith who also adjoining neighbors. Mr. Kabler stated the Steelesmiths could not attend tonight's meeting due to recent surgery but indicated they had no concerns regarding the rezone. Mr. Kabler will submit a copy of the e-mail to the secretary for the record.

Ms. Manson asked if Zak property owners had made any comments regarding this rezone. Mr. Kabler stated he had not received any comments from the Zaks.

Mr. Kabler asked if there were any further comments from the public. Being none, Mr. Kabler closed the public portion of the hearing.

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

members had no further questions. Mr. Kabler asked what the pleasure of the Commission

was.

Ms. Manson stated in as much as application HTZC 19-01 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. Mr. Czako seconded the motion.

Mr. Kabler asked if there was any discussion on the 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 informed the applicants the application would be forwarded to the Trustees. The Trustees will receive the application at their February 20, 2019 meeting. They will set a date within 30 days for their hearing on the application.

Mr. Hen riot stated he and his wife will be out of the country for approximately three weeks in March. Mr. Kabler advised Mr. Hen riot to attend the Trustees February meeting and discuss the matter with them. Mr. Kabler stated if the Henriots could not attend the hearing they may send a representative with a Power of Attorney on their behalf.

Mr. Kabler stated there will be a 30 day waiting period after the Trustees hearing before a

zoning permit can be issued.

Mr. Kabler asked ifthere were any further questions. Being none, Mr. Kabler adjourned

hearing HTZC 19-01 at 7:28 p.m.

Respectfully submitted,

Sherrie Steele, Secretary