April 29, 2019 - Hearing 19-06

Harlem Township Zoning Commission

3883 South State Route 605

Galena, Ohio 43021

April 29, 2019

Chair, Mike Kabler, called HTZC 19-06 out of recess at 7:35 p.m. Mr. Kabler asked for a roll call of members.

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

Members Absent: Alan Czako

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

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

Mr. Kabler stated the rules and procedures are still the same as with the first part of the

hearing.

Mr. Kabler stated the first issue the Commission had was the map and property description did not match. Mr. Kabler asked Mrs. McGeorge if she had new maps for the Commission.

Mrs. McGeorge presented the secretary with 14 copies of the revised map. Mrs. McGeorge

stated she had an e-mail from Karen Coffman she would like to read into the record.

Peggy,

I've attached something for you that I think will help. As explanation, since 5.292 -0.293 equals 4.999, the difference is only 0.001 acre, and because the north line is not perpendicular to the

rood the acreage in the right of way is actually only 0.292 acres. That angle in the line Is enough to create the reduction of a thousandth of on acre. Length times width only works when o Jot is rectangular, and that doesn't actually happen very often.

I crossed out the South East and labeled it North West on the line common to Tracts 5 and 6.

Koren S. Coffman, Surveyor

Scioto Land Surveying Service, Inc.

Mr. Kabler stated he had discussed this issue with Scott Sanders with Delaware County Regional Planning Commission. Mr. Kabler stated the issue occurred because three lots were mapped at the same time. Mr. Kabler read Mr. Sanders comments into the record.

"First, that lot already exists and was approved for creation (transfer) by the Map Department and Auditor. At this point what was submitted as part of the application merely serves to

provide a location for where the property is. I might agree with you if it was a 2 acre description out of 100 acres. In that scenario it might make a difference.

But beyond that, the survey plat is essentially a picture while the legal description is a

"directional" description. The southern fine is the same no matter whether you are going east to west or west to east. As you soy, if the line was part of the legal to the south, then it would be stated correctly ... or consistently. But it's the same fine and shouldn't have any impact on the Zoning Commission's actions."

Hopefully, this information clarifies the concerns that were raised by Tom.

Mr. Kabler stated at the time of the first part of the hearing there were no other errors noted.

Mr. Kabler asked the secretary for the recommendation of the Delaware County Regional

Planning Commission.

The secretary read the DCRPC into the record:

Staff RecQmmendations

Staff recommends Conditional Approval of the rezoning request by the McGeorge Family

(5.292ac.) form AR-1 to FR-1 to the DCRPC, Harlem Twp. Zoning Commission and Harlem Twp. Trustees, subject to:

1)Consultation with a soil scientist and the Health District to ensure proper design on(sic) the on-site system.

Mrs. McGeorge stated she talked with DCRPC and was informed they put this condition on all

recommendations. Mrs. McGeorge stated her next step will be to meet with the soil scientist and the Delaware County Health District.

Mr. Kabler informed Mrs. McGeorge she must make sure she has enough net acreage once the location of the on-site system is determined.

Mr. Kabler stated the Zoning Inspector cannot sign off on a zoning permit until all of these

items have been addressed.

Mrs. McGeorge stated the soil scientist is Steve Miller and he Is to have the results of the soil

tests to her by Thursday.

Mr. Kabler opened the hearing to the Commission for further discussion.

Ms. Manson asked Mrs. McGeorge if she had talked to neighbors in regards to the rezone. Mrs. McGeorge stated she was told the neighbors would receive notice of the hearing from the

township. Mrs. McGeorge continued that most of the lots are owned by Starfall LLC. Mrs.

McGeorge stated she contacted the people at Charter Oaks and has talked with the neighbors across from the property.

Mr. Kabler reopened the hearing to the public and asked if there were any other concerns. The public present stated their concerns had been addressed.

At this time Mr. Kabler closed the public portion of the hearing. Mr. Kabler opened the hearing to the Commission asked Commission members if they have any final comments.

Mr. Nied asked Mrs. McGeorge what type of septic system was being considered.

Mrs. McGeorge stated a Presby System would be acceptable for this area. Mrs. McGeorge

stated she could also go with a Peat Pod System but is choosing not to.

Mr. Kabler asked what is the pleasure of the Commission. Ms. Lobenstein stated in as much as application HTZC 19-06 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. Needham seconded the motion. Mr. Kabler asked if there was any discussion on the motion.

Mr. Nied stated he was not sure if this was the time to bring this up but wanted to know how

the Zoning Commission would quantify this acreage. Mr. Kabler stated that would not be

addressed at this time.

Mr. Kabler asked for a roll call vote on the motion. Bill Needham, aye. Tom Nied, aye. Mike

Kabler, aye. Joni Manson, aye. Robin Lobenstein, aye. Motion carried.

Mr. Kabler stated the application would be forwarded to the Trustees. The Trustees will meet on May 15, 2019. The Trustees will set a hearing date on the application within 30 days of the 15th. After the Trustees hold their application there will be a 30 day waiting period to allow the public the opportunity for referendum. If there is no referendum, when the 30 day waiting

period ls up the rezone will be official.

Mr. Kabler asked if there were any other comments. Being none, Mr. Kabler adjourned hearing HTZC 19-06 at 8:08 p.m.

Respectfully submitted,

Sherrie Steele, Secretary