February 11, 2019 - Hearing 19-02

Harlem Township Zoning Commission 3883 South State Route 605

Galena, Ohio 43021

February 11, 2019

Chair, Mike Kabler, called hearing HTZC 19-02 for Starfall LLC to order at 7:00 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: Phyllis Davidson, 4884 Green Cook Road, Westerville, Ohio 43082

Marcia Vargo, 12514 Fancher Road, Westerville, Ohio 43082

Lou Vargo, 12514 Fancher Road, Westerville, Ohio 43082

Valerie Pederson, 13245 Woodtown Road, Galena, Ohio 43021

Roger Cherry, 12793 Fancher Road, Westerville, Ohio 43082

Tom Tomastic, 10811 Keller Pines Court, Galena, Ohio 43021

Judy Lovell, 5824 Miller Paul Road, Westerville, Ohio 43082

David Lovell, 5824 Miller Paul Road, Westerville, Ohio 43082

Bob Manns, 13189 Fancher Road, Westerville, Ohio 43082

Ruth Manns, 13189 Fancher Road, Westerville, Ohio 43082

Timothy Dickens, 1876 Africa Road, Galena, Ohio 43021

David Snyder, 13269 Bevelheimer Road, Westerville, Ohio 43081

Michael Chappelear, 6537 Bevelheimer Road, Westerville, Ohio 43081 John Johnson, 12737 Bevelheimer Road, Westerville, Ohio 43081

Lisa Johnson, 12737 Bevelheimer Road, Westerville, Ohio 43081

Steve Mosher, 13725 Bevelhymer Road, Westerville, Ohio 43081

Richard Gray, 13701 Bevelheimer Road, Westerville, Ohio 43081

Jordan Cordi, 13015 Fancher Road, Westerville, Ohio 43082

John Kopec, 13492 Center Village Road, Galena, Ohio 43021

Randy Schiefer, 5350 Green Cook Road, New Albany, Ohio 43054

Marleen Schiefer, 5350 Green Cook Road, New Albany, Ohio 43054 Bryn Smathers, 1150 Tranquil Drive, Worthington, Ohio 43085

Joe Cordi, 13015 Fancher Road, Westerville, Ohio 43082

Melinda Schlaegel, 3815 Green Cook Road, Westerville, Ohio 43081 Judy Bachman, 3141 Green Cook Road, Westerville, Ohio 43081

Ed Valeska, 3658 South State Route 605, Galena, Ohio 43021

June Jackson, 13938 Fancher Road, Westerville, Ohio 43082

Gary Jackson, 13938 Fancher Road, Westerville, Ohio 43082

Steve Morgan, 5945 Tarrycreed Drive

Brad Gamble, 13151 Fancher Road, Westerville, Ohio 43082

Mr. Kabler introduced Commission members and the secretary. Mr. Kabler explained the

hearing rules and procedures. Mr. Kabler opened the hearing and asked the secretary to read the publication notice.

PUBLIC NOTICE

The Harlem Township Zoning Commission is being asked to consider the following:

Starfa/1 LLC, 1876 Africa Road, Galena, Ohio 43021, is seeking to rezone 4 Tracts from Current Zoning, AR-1 Agricultural Residential to Fr-1 Farm Residential.

There are no physical addresses for the parcels. The parcels are located on Fancher Road at the corner of State Route 605 South.

The hearings will be held on Monday, February 11, 2019 at the Harlem Township Firehouse, 3883 South State Route 605, Galena, Ohio 43021 as follows:

Tract 5, Application HTZC 19-02 at 7:00 p.m. Tract 6, Application HTZC 19-03 at 8:00 p.m. Tract 7, Application HTZC 19-04 at 8:30 p.m. Tract 8, Application HTZC 19-05 at 9:00 p.m.

The hearings are 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 agent or applicant had signed the application. The secretary stated the agent had signed the application.

Mr. Kabler asked the secretary what the specific zoning request was. The secretary stated to rezone 11.131 acres from AR-1 Agricultural Residential to FR-1 Farm Residential.

Mr. Kabler asked Commission members if the legal description was furnished in text and map and do they reinforce each other. Mr. Nied stated no. Mr. Nied stated the plat and legal description that were presented with the application on January 14, 2019 are no longer accurate. Starfall LLC modified the acreage and boundaries for Tract 5 on January 31, 2019 so the application is no longer valid.

Mr. Kabler stated the applicant will have to modify the application to show the actual acreage with a revised survey and description for Tract 5 in order to request a rezone for the parcel.

Commission members agreed they cannot move forward with this application because it is no longer valid. Commission members agreed they cannot send an invalid application to the Trustees.

Mr. Nied stated he would like to make a motion that in as much as application HTZC 19-02 is an incomplete application that the Zoning Commission reject the application without consideration on the merits. Ms. Manson 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. Robin Lobenstein, aye. Joni Manson, aye. Mike Kabler, aye. Alan Czako, aye. Tom Nied, aye. Motion carried.

Mr. Kabler stated the reason the application was rejected was a legal change took place which made the original request no longer valid.

Mr. Kabler adjourned the hearing at 7:24 p.m.

Respectfully submitted,

Sherrie Steele, Secretary