April 22, 2019 - Hearing 19-07

Harlem Township Zoning Commission 3883 South State Route 605

Galena, Ohio 43021

April 22, 2019

Chair, Mike Kabler, called hearing HTZC 19-07 to order at 8:25 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 con􀀆ider the following:

Keith, Peggy, Collins, and Stephanie McGeorge, 10240 Center Village Road, Galena, Ohio 40321, are seeking to rezone 5.668 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 PID # 316-430-02-016-

015, Tract 7 on State Route 605 South between Fancher Road and Bevefheimer Road.

The hearing will be held on Monday, April 22, 2019 at 8:00 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. 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 5.668

acres from AR-1 Agricultural to FR-1 Farm Residential.

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

members found no errors.

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

owners had been notified of the hearing 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 Commission members if there were any other errors noted. Commission

members found no errors.

Mr. Kabler asked for the recommendation of Delaware County Regional Planning Commission. The secretary stated DCRPC does not hold their hearing until April 25, 2019. The secretary for DCRPC will forward the recommendation of the hearing to the secretary no later than April 29, 2019.

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

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

Ms. Manson voiced concerns regarding the line of sight for people exiting Bevelheimer Road

onto State Route 605 and where the driveway would be placed for this parcel. Mrs. McGeorge stated the driveway would be placed close to the existing house on Bevelheimer Road. Mrs.

McGeorge stated the lot closer to State Route 605 would be a larger lot allowing for the

driveway to be placed further away from the stop sign at the corner.

Mr. Kabler asked Commission members if there were any other questions. Commission

members had no comments at this time. Mr. Kabler opened the hearing to the public for

questions and comments.

Mark Ritchie, 6262 State Route 605 South, stated the original drawing he received showed the lots facing out on State Route 605 would be five acre lots. Mr. Kabler stated under the current Master Plan this area is appropriate for 2 acre lots.

Donna Feller, 6188 stated the realtor is showing the lots on Fancher Road to be 2 acre lots.

Mr. Nied asked Mrs. McGeorge about Ms. Feller's concern. Mrs. McGeorge stated there is a

clause in the contract that allows for 2 acre lots.

Mr. Kabler stated Starfall has lots on Fancher that are coming up for hearings. Mr. Kabler

stated two of the lots owned by Starfall have already been approved.

Louis Vargo, 12514 Fancher Road, asked if there was any chance of these lots going

Commercial. Ms. Manson stated these properties are only being considered for Residential.

Mr. Kabler stated this land could be considered for a Comercial use only as a Planned

Commercial District and there has been nothing brought before the Zoning Commission in

regards to a PCD.

Marcia Vargo, 12514 Fancher Road, asked if the property under consideration is on the corner of Fancher Road and State Route 605. Mrs. McGeorge stated the property under consideration is one lot from the corner.

Mrs. McGeorge stated she has contacted the Ohio Department of Transportation. Mrs.

McGeorge stated she was informed that Fancher Road and State Route 605 as well as Center

Village Road and State Route 605 are being considered for caution lights.

Mr. Kabler asked if there were any further questions from the public. Being none, Mr. Kabler

closed the public portion of the hearing.

Mr. Kabler reopened the hearing to the Commission for further comments and questions.

Mr. Nied asked if Commission members had read the restricted covenants. Ms. Manson stated that the Zoning Resolution applies if there is anything stricter. Mr. Kabler stated the restrictions cannot be made lesser but the property owner can make further restrictions than the zoning

resolution. Ms. Lobenstein stated that deed restrictions are irrelevant to zoning. Deed restrictions are between the buyer and the seller. Mrs. McGeorge stated they will follow the zoning code.

Mr. Kabler asked if there were any other comments or questions. Being none, Mr. Kabler

stated hearing HTZC 19-07 would be recessed to April 29, 2019 at 8:05 p.m. in order to receive the recommendation of Delaware County Regional Planning Commission.

Respectfully submitted,

Sherrie Steele, Secretary