January 13, 2014

Harrison Township Zoning Commission

Meeting Minutes

January 13, 2014

 The Harrison Township Zoning Commission January meeting was called to order by chairperson Kelly Spriggs at 8:00 pm. Present were Kelly Spriggs, James Wells, Trevor Younkin, Ronde Cook-Burshart, Joe DeFelice, and Robin Welsh

Minutes from the October 14, 2013 meeting were read. Ronde made a motion the minutes be approved. Jim seconded the motion Motion passed.

Old Business

Joe DeFelice stated the prosecutor’s office is drafting a complaint against the Burdaks at 12465 Bulen Pierce Road stating what is allowed and not allowed on the property. If the Burdaks violate any of the items outlined in the document sent by the prosecutor’s office, the matter will go directly to the prosecutor.

Joe shared an update on the violation reported at the home of Danny & Theresa Bailey at 10925 Lockbourne Eastern Road. The assistant prosecutor is currently behind and has not been able to proceed.

Kelly shared she has continued to do research on abandoned and vacant buildings. She has found no information addressing violations. Joe has information to share on the subject. Kelly tabled the discussion until the next regularly scheduled meeting due to the Younkin hearing.

New Business

Joe issued a violation to Schumacher Homes for yard signs along the side of the road on US 23 and other routes.

Kelly Spriggs called to order the hearing for Barbara Younkin amend the zoning plan at the property located at 11015 US RT 23, Lockbourne, OH 43137 in regards to signage Article XXIX, SIGNS

Legal Notice was read by secretary, Robin Welsh

Hearing Ground Rules were read by secretary, Robin Welsh

Present:               Barbara Younkin, 1433 Duvall Road, Lockbourne, OH 43137

Larry Valentine, 1433 Duvall Road, Lockbourne, OH 43137

Todd Younkin, 217 Ashville Fairfield Road, Ashville, OH 43103

Alan Sedlak, 35 East Main Street, Ashville, OH 43103

Kelly reminded all those present the Zoning Commission will make a recommendation to the trustees. The trustees will either approve or deny the recommendation.

Alan Sedlak, attorney for Barbara Younkin spoke for her. He stated on January 19, 2013 the original planned business plan was approved allowing for 4 signs. Joe spoke with the Younkins regarding a violation to XXIX: SIGNS. A notice of violation was sent. The Younkins filed an appeal in October. At the appeals hearing in November it was suggested the sign currently on the building remain and the sign near the road be removed until a hearing with the Zoning Commission could be scheduled for a clarification of the site plan.

Barbara added a request for sign #3 on the site plan to be illuminated.

Todd Younkin shared the tenant took the language off the sign, but did not actually move the sign. It has since been moved. Todd said he understands Joe DeFelice’s concerns. The ground the building sits on is in a depression and there is a need for a sign that can be seen by those traveling from the north.

Barbara asked for clarification of the narrative and site plan not matching up per Joe.

Larry requested the board compare the old and new plans. He stated sign #3 has been moved from the residence property to the planned business property.

Kelly stated in the meeting notes of the original hearing Ronde asked about additional signs. Kelly asked Todd to come forward and highlight on the site plan what has been changed from the original plan that was submitted in 2012.

Todd stated the original plan was a general business plan that was changed to planned business per the Harrison Township Zoning Commission’s recommendation.

Kelly restated her request to highlight all the changes from the original plan. She shared this will be helpful to the board to have a visual.

Todd highlighted the changes to the site plan. He shared on sign #2 there was a mathematical error and it should have read 64 square feet instead of 75 square feet. Sign #1 remained the same. Sign #3 will be moved to the location as indicated and illuminated. Sign #4 is attached to the building.

Joe asked Todd about the easement and how far sign #3 will be from the easement or the road. He shared he could not scale the site plan correctly. He visited the site and determined the building is 36’ from the road side. Todd stated he would have to measure it. Joe shared the site plan did not allow him to determine the exact location the sign would be placed.

Joe shared some concerns. First the signatures on the site plan represent the acceptance of the entire application, the narrative and the site plan. Second the board of appeals requested sign #3 be removed until this hearing. This did not occur until Joe made a call to Alan Sedlak. Joe stated he is trying to enforce the zoning regulations and is not being picky.

Kelly stated the board goes by the narrative or written plan. At the initial hearing when asked if there would be additional sign the board was told no.

Todd clarified the signs were on the original site plan when the Younkins applied for general business. The signs remained on the site plan when they were asked to revise their application to planned business.

Kelly stated we all agree there was confusion and that is why we are here to make sure the board can recommend to the trustees something Joe can enforce.

Ronde shared we are here to get this ironed out.

Kelly shared three of the current signs look very nice. Sign #1, Sign #2, Sign #4. She asked if there was illumination on sign #4.

Todd stated there is not illumination. There is a man door light under the sign.

Kelly shared Sign #3 is the biggest contention. She had brought this sign to Joe’s attention because she felt it was in violation.

Larry agreed and shared the tenant put the sign up on his own and that it was place on the house property instead of the planned business property. Sign #3 would be a permanent sign with constant illumination.

Jim confirmed this is an amendment to the rezoning of planned business in January of 2013.

Ronde asked for clarification regarding the 4 signs.

Joe stated           Signs 1 and 2 – preexisting

Signs 3 and 4 – additions with Sign #3 being illuminated.

Ronde asked for clarification of requirements for the distance sign #3 to be off the road and concerns regarding the sign being in a safe location that falls within the department of transportation guidelines.

Todd shared where the sign is to be placed lines up with the American Heritage Sign slightly down the road.

Jim asked if the illumination was just for night time driving.

Todd answered yes

The question was raised by Jim about the hours of operation.

Todd shared it varied, but most auctions were during low traffic hours.

Joe shared Section 29.07 C On Premises Signs section 3 states: No on-premises sign shall be erected closer than twenty-five (25) feet to the road right of way. The board and Todd looked on the site plan to the location of the easement.

Todd suggested they move the sign to the other side of the driveway and that it would comply with the 25 foot rule at that location.

Joe asked how it would be illuminated. Todd said by buried cable with a ground mounted plug.

Ronde stated the site plan needs to be changed. The board cannot vote with the current site plan.

Todd suggested he and Joe meet at the site and lay out where the sign will be located to be in compliance with the regulations.

Kelly stated the need for clarification for illuminated signs on a US route.

Joe suggested a continuation of this meeting and stay with appeals board allowing sign#4 to remain until the commission can vote on the entire request.

Ronde made a motion to table the discussion until Monday, January 27th at 7pm at which time further information will be provided by Joe and Todd.

Jim seconded

A roll call vote:

Trevor Younkin – yes

Ronde Cook-Brushart – yes

Kelly Spriggs – yes

Jim Wells – yes

Notification will be sent to newspaper for hearing.

Barbara asked for clarification on narrative.

Kelly stated yes the site plan and the narrative need to match at the hearing on the 27th of January.

The hearing was adjourned at 9:17pm

Kelly was nominated to continue as chairperson by Ronde

Jim seconded motion

Motion carried.

Ronde motioned to adjourn.

Kelly seconded.

Motion carried.

Continuation of hearing will be Monday, January 27, 2014

Next meeting will be Monday, April 14, 2014

Robin Welsh

Secretary