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.
The Harlem Township Zoning Commission is being asked to conider 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
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.
Sherrie Steele, Secretary