April 22, 2019 - Hearing 19-06

Harlem Township Zoning Commission 3883 South State Route 605

Galena, Ohio 43021

April 22, 2019

Chair, Mike Kabler, called hearing HTZC 19-06 to order at 7:35 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: Marcia Vargo, 12514 Fancher Road, Westerville, OH 43082

Louis J. Vargo, 12514 Fancher Road, Westerville, OH 43082

Donna Ferrell, 6188 South State Route 605, Westerville, OH 43082

Jack Johnson, 12737 Bevelheimer Road, Westerville, OH 43081

Lisa Johnson, 12737 Bevelheimer Road, Westerville, OH 43081

Mark Ritchie, 6262 State Route 605 South, Westerville, OH 43082

Peggy McGeorge, 10240 Center Village Road, Galena, OH 43021

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 notice published in the Delaware Gazette.

PUBLIC NOTICE

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

Keith, Peggy, Collins, and Stephanie McGeorge, 10240 Center Village Road, Galena, Ohio 40321, are seeking to rezone 5.292 acres from Current Zoning AR-1 Agricultural Residential to FR-1

Farm Residential.

There is no physical address for the property. The property is listed as PIO# 316-430-02-016-

013, Tract 5 on State Route 605 South between Fancher Road and Bevelheimer Road.

The hearing will be held on Monday, April 22, 2019 at 7:30 p.m. at the Harlem Township

Firehouse, 3883 South State Route 605, Galena, Ohio 43021. The hearing is open to the public.

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. The secretary stated the application was on the

correct form. Mr. Kabler asked if the applicant/agent had signed the application. The secretary stated all four applicants had signed the application.

Mr. Kabler asked what the specific zoning request was. The secretary stated to rezone 5.292 acres from AR-1 Agricultural to FR-1 Farm Residential.

Mr. Kabler asked if the correct legal description was furnished in text and map.

Mr. Nied stated there was a discrepancy between the survey and the legal description. Mr.

Nied referred to Exhibit A, paragraph 7, and stated the description shows a measurement of N 88 441 35" W, 582.18 feet. The survey shows N 88 44' 35" E.

Ms. Manson and Ms. Lobenstein recalled in conversations with Karen Coffman that this is the way surveyors do this now.

Mrs. McGeorge stated the description was approved when the lot was originally split.

Mr. Kabler and Mr. Czako reviewed the survey and the description.

Ms. Lobenstein stated this is surveyor speak/deed speak. The measurements are the same and it is just another way of saying this. It does not change the measurements.

Mr. Czako stated the map needs to be corrected to show N 88 44' 35" w.

Mr. Nied stated the deed and survey call out 5.292 acres. Mr. Nied questioned if this included the 30' right of way. Mr. Nied stated the net acreage is not large enough when the right of way is removed from the acreage. Mr. Nied calculated the math and stated if you remove .2936

acres from 5.292 acres it leaves 4.998 net acres which is a non conforming lot.

Mr. Kabler and Ms. Manson agreed that does not affect the Zoning Commission's decision. Ms. Manson stated the County Engineer does not check net acreage. Mr. Czako stated this is not an issue for the rezoning request. Mr. Nied stated the Commission does not have a survey that

shows the true net acreage.

Mr. Kabler stated Ms. Coffman did the survey. Mr. Kabler stated the discrepancy is .002 of an acre. Mr. Nied stated that is assuming there are no other easements.

Mr. Kabler stated the discrepancy is with the map and that the legal description is correct.

Mrs. McGeorge stated she would like to know what all the issues are. Mr. Kabler reviewed the Commission's concerns.

Mr. Kabler stated the Commission would continue with the application procedure and asked

the secretary if the adjacent, adjoining, contiguous property owners had been notified of the

hearing. The secretary stated the adjacent, adjoining, contiguous property owners had been

notified by first class mail. The secretary stated there had been no letters returned. Mr. Kabler asked if there were any non-notified property owners present. 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 if there were any other errors noted other than those previously discussed.

Commission members found no further errors.

Mr. Kabler asked for the recommendation from Delaware County Regional Planning. The

secretary stated Delaware Regional Planning Commission will not hold their hearing on the

application until April 25, 2019. The secretary had talked with DCRPC secretary who stated she would have the minutes available of the recommendation available no later than April 29, 2019.

Mr. Kabler stated the Review Team had been utilized for the application.

Mr. Kabler opened the hearing to Commission members for questions and comments.

Ms. Manson stated she had concerns of the soil type and believes the soil does not support any septic system including the mound system. Ms. Manson had concerns if the lot is split there

will not be enough suitable land to support a septic system for each lot.

Mrs. McGeorge stated she has talked to the Delaware County Health Department In regards to soil and water. The proposed septic system would be a sand based pipe mound system which is approved by the Health Department.

Mrs. McGeorge stated the first step is to have the land rezoned. Then a soil scientist will be

hired for a soil sample test. The lot split will be determined once the soil test is done. Ms. Manson stated the she still feels there is not a suitable system for this land and it will drain into the Rocky Fork Watershed.

Mr. Kabler stated since the Commission will be recessing this hearing would Mrs. McGeorge

have the preliminary results of the soil samples by April 29th_ Mrs. McGeorge stated the

gentleman who will be conducting the soil tests has been out of town but she will attempt to

contact him to see if she could have some sort of preliminary results.

Mr. Kabler opened the hearing to the public and asked for any questions or concerns.

Donna Ferrell, 6188 State Route 605, stated she also had concerns about the septic system.

Ms. Ferrell stated she had concerns due to her shallow well and if the water comes across the road the possibility of the well becoming contaminated.

Mark Ritchie, 6262 State Route 605 stated he had the same concerns. Mr. Ritchie stated there is a culvert that runs under State Route 605 and the culvert is not in good condition. Mr. Ritchie stated the former owners of the property south of him filled in the natural swale of the land

and raised the level of the pond on the property. Mr. Ritchie stated he understands Delaware County Engineers are to put in another drain for that property.

Mr. Kabler stated drainage concerns are addressed by the Delaware County Engineers office

and Soil and Water Conservation.

Mrs. McGeorge stated she had been In contact with the Department of Transportation and a

driveway will be put in across from the Ritchie property and a second lot driveway would be put in across from the Ferrell property. The State will put in new culverts under the driveways to help with drainage. Mr. Ritchie commented the drainage will go south from his property.

Mr. Kabler advised adjoining property owners to contact the County Engineers office so any

water problem concerns are addressed.

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 opened the hearing to Commission members for any further concerns. Being none, Mr. Kabler stated hearing HTZC 19-06 would be recessed to April 29, 2019 at 7:35 p.m. in order to receive the recommendation from Delaware County Regional Planning Commission.

Respectfully submitted,

Sherrie Steele, Secretary