Granville Community Calendar

Council Minutes August 17, 1988

REGULARLY SCHEDULED COUNCIL MEETING
VILLAGE OF GRANVILLE
AUGUST 17, 1988
CALL TO ORDER
Mayor Eisenberg called the meeting to order at 7: 30 p.m..
ROLL CALL
Responding to roll call were:
Councilmember Rader
Councilmember Malcuit
Councilmember Hughes
Councilmember Morrow
Vice Mayor
Mayor
Law Director
Manager
Schnaidt
Eisenberg
Munro
Plunkett
Councilmember Rader moved to excuse absentee member Avery.
Motion seconded by Vice Mayor Schnaidt. Motion carried.
PUBLIC HEARING
A public hearing was held at this time on the following legislation:
Ordinance No. 9-88, "An Ordinance To Amend Ordinance No. 32-87
Providing For Adjustments Of The Annual Budget For The Fiscal
Year 1988 And Revising Sums For Capital And Operating Expenses".
No one appeared to speak for or against Ordinance No. 9-88.
Public hearing closed at 7: 35 p.m..Action on this ordinance was
held for old business.
MINUTES
August 3, 1988 -Regular Council Meeting -Councilmember Rader
moved that the minutes be approved as corrected. Motion seconded
by Councilmember Malcuit. Motion carried.
CITIZENS' COMMENTS
Those who signed the register were:
John McCormick
Susan Lamson
A. W. Davison
Roger Card
Susan Lamson commented on how nice the Newark- Granville Road is
and thanked Council for getting it paved.
Mr. McCormick, Plum Street, appeared this evening to express his
concerns regarding the continuing dust bowl problem on Plum
Street. Mr. McCormick wanted to know what would be the possibilCouncil
Meeting Minutes
Village of Granville
August 17, 1988
Page 2
ity of the Village continuing the asphalt crown down to Broadway.
Manager Plunkett responded and said the Village hadn' t plan'ned on
doing Plum Street with asphalt this year, and that the Street
Fund is almost broke, as this month' s Financial Report indicates.
During discussion, members of Council asked the Manager
what it would cost for Newark Asphalt to do that portion.
Manager Plunkett doubted that he could get them at this time
since this was their busy season, but that he would check with
Newark Asphalt. Mr. Plunkett said he could take the Street
Department crew of something else.
Consensus of Council was that they were in favor of doing
something of this nature to help alleviate the dust problem for
residents on that portion of Plum Street, and asked Manager
Plunkett to ask the Service Director if he could do it with his
crew. If not, then the Manager was to check with someone else.
Dorothy Garrett, Parnassus Drive, appeared this evening to make
a statement with regard to the Don Young appeal hearing held July
20, 1988. Ms. Garrett remarked that she couldn' t understand why
people were so disturbed about the Young' s skylights, when other
things have been done on East Broadway and South Pearl (Warner
House), which makes the Village look ridiculous.
Ms. Lamson, member of the Development Commission, responded
to Ms. Garrett in this regard and stated that the Development
Commission is aware of this situation and they are trying to deal
with it. Mr. Orr has been contacted by the Development Commission.
Ms. Lamson asked if anyone had addressed Mr. Orr personally
about their concerns.
Ms. Garrett said she hadn' t, but would do so.
MANAGER' S REPORT
The Manager' s Report for the month of July was presented and
reviewed.
Councilmembers Rader and Morrow asked for a status report of
the new water tank.
Manager Plunkett responded and said the tank' s sides won' t
be up until after Denison starts up. He said the engineer who
did the inspection on the cement base didn' t like the grinding
done on the cement and said that the sand could not go in
until that was fixed. All the piping is in, and bolts are set
UP•
During discussion, it was determined that the new standpipe
sides could be stored in a much safer place. Council asked
Manager Plunkett to advise the contractor.
Following review of the Manager' s Report, Vice Mayor
Schnaidt moved to approved the report. Motion seconded by
Council Meeting Minutes
Village of Granville
August 17, 1988
Page 3
Councilmember Morrow. Motion carried.
A copy of the Manager' s Report for the month of July is
hereby attached as part of these minutes.
COMMITTEE REPORTS
Development Commission -Councilmember Malcuit reported on the
Development Commission meeting held August 10th. At that meeting
the Commission conducted hearings on two separate requests for
Conditional Use Permits. Those were: Robert J. &Tracee Karaffa,
to establish a day care center at 430 West Broadway, and; Steven
Katz &Constance Barsky request to operate a Bed &Breakfast in
their home at 221 East Elm Street. The Karaffa Conditional Use
Request for a day care center was denied, and the Katz/ Barsky
Conditional Use Request for a Bed &Breakfast was approved.
Finding of Fact Statements for both requests and subsequent
decisions are filed with the Granville Development Commission
Minutes. Ms. Malcuit said there were other requests, more of
the garden variety type and would not elaborate on them.
OLD BUSINESS
Don Young Appeal
Village Law Director, Ann C. Munro, presented Council with her
legal opinion regarding the Don Young Appeal and pertinent
questions raised at the hearing held July 20, 1988. A copy of
that opinion is hereby attached as part of these minutes.
Following a lengthy discussion among members of Council,
Village Law Director, and the Village Manager, consensus of
Council was that they would have to grant the appeal of Don
Young based on Ms. Munro' s legal opinion. The following Resolution
was introduced by Councilmember Morrow:
Resolution No. 88-36, "A Resolution To Grant The Appeal Of Don
Young Based Upon The Legal Opinion Rendered By The Village Law
Director".
Councilmember Morrow moved for passage of Resolution No.
88-36. Motion seconded by Councilmember Hughes. Motion carried.
Resolution No. 88-36 duly passed.
Members also expressed that they would like to schedule a
Joint Worksession with the Development Commission to review a
series of suggestions made by the Law Director. Manager Plunkett
was directed to contact Chairman, Albert W. Davison to see if
members of the Development Commission would be willing to meet
some time in September.
Council Meeting Minutes
Village of Granville
August 17, 1988
Page 4
Frti«
Mayor Eisenberg stated that Council regrets having topturn
ever a decision made by the Development Commission based on the
tools that Council has given them.
Ordinance No. 9-88, "An Ordinance To Amend Ordinance No. 32-87
Providing For Adjustments Of The Annual Budget For The Fiscal
Year 1988 And Revising Sums For Capital And Operating Expenses",
was moved for adoption by Councilmember Rader. Motion seconded
by Councilmember Hughes. Roll call vote: Rader-yes, Hughes- yes,
Morrow- yes, Malcuit-yes, Schnaidt-yes, Eisenberg-yes, Averyabsent.
Six yes votes, one member absent. Motion carried.
Ordinance No. 9-88 duly adopted.
NEW BUSINESS
Ordinance No. 10-88, "An Ordinance To Amend Sections Of The Code
Of Ordinances Of The Village Of Granville Establishing Flood
Damage Prevention And Flood Control Regulations", was introduced
and title read in its entirety by Councilmember Rader.
A public hearing on Ordinance No. 10-88 was set for
September 7, 1988, at 7: 30 p.m..
Ordinance No. 11-88, "An Ordinance To Amend Ordinance No. 32-87
Providing For Adjustments Of The Annual Budget For The Fiscal
Year 1988 And Revising Sums For Capital Expenses", was introduced
and title read in its entirety by Councilmember Morrow.
A public hearing on Ordinance No. 11-88 was set for
September 7, 1988, at 7: 30 p.m..
Resolution No. 88-34, "To Authorize The Village Manager To
Advertise For Bids For The Repiping Of The Aerators At The
Sewage Treatment Plant",was introduced, read in its entirety
and moved for passage by Councilmember Schnaidt. Motion seconded
by Councilmember Morrow. Motion carried. Resolution No. 88-34
duly passed.
Resolution No. 88-35, "A Resolution To Express Appreciation To
Forest Hanson", was introduced, read in its entirety, and moved
for passage by Councilmember Malcuit. Motion seconded by Councilmember
Rader. Motion carried. Resolution No. 88-35 duly passed.
OTHER ITEMS DISCUSSED
Manager Plunkett reviewed with Council a letter he received from
Owens-Corning regarding the two emergency generators they are
trying to sell. They have asked for a decision by August 25, 1988
if the Village is interested in bidding.
Council Meeting Minutes
Village of Granville
August 17, 1988
Page 5
Following discussion among members of Council and Manager
Plunkett consensus of Council was that they would accept one as
a donation, but are not prepared to bid at this time.
Manager Plunkett reviewed with members
with Hal Attebery regarding easements.
of Council his meeting
The Jody Van Tine Memorial Annual Award meets this coming Monday
at 4: 00 p.m. Manager Plunkett asked if one of the members could
attend. Councilmember Rader volunteered.
Manager Plunkett reminded members of the auction scheduled for
Saturday, August 20, 1988, at 10: 15 a.m..Items to be auctioned
will be miscellaneous items and bikes never claimed from the
lost and found.
MEETING ANNOUNCEMENTS
A tentative meeting between Granville Development Commission and
Village Council was scheduled for August 31, 1988, at 7: 30 p.m.,
pending confirmation by Chairman Al Davison.
ADJOURNMENT
Councilmember Rader moved for adjourned, seconded by Council
member Morrow. Motion carried.
Meeting adjourned at 8: 51 p.m..
Attest:
Clerk-ofouncil
SIUTE14*0:
Mayor
Village Council
Village of Granville
p.0. Box 514
Granville, Ohio 43023
RE: YOUNG APPEAL
Dear Council Members:
August 17, 1988
rJ C -j
You have requested my opinion as to the jurisdiction of the Development
Commission to act on an application for a zoning certificate in the Village
District where the occupant proposes to install skylights in the roof of this
property.
The facts at issue in this case as I understand them are as follows:
In March, 1988, Don Young, the owner of a commercial building used as a
bookstore and formerly as a print shop, located at 140 East Broadway in the
Village of Granville altered the third floor of his building so that it could
be used as a commercial art studio. Because the building is a commercial
building, the City of Newark issued a building permit for the interior
alterations and for the installation of skylights. Subsequent to the
installation of the skylights, the owner filed an application for a zoning
certificate at the direction of the Granville Building Inspector. The
application was referred to the Granville Development Commission (hereinafter
GDC")for review in accordance with Chapter 1161, Architectural Review
District, specifically Section 116.02 and presumably also in accordance with
Chapter 1159, Village District, specifically Section 1159.04.
Subsequently, the GDC denied the application for the zoning certificate on
the grounds set out in Section 1161.02 (a), b )( and (d),finding that the
proposed (and installed) skylights were not stylistically compatible with or in
accordance with the historical character of the District.
Mr. Young appealed the decision to the Village Council in accordance with
Section 1161.07.
At the hearing on the appeal, Mr. Van Winkle, attorney for the owner,
suggested that the GDC did not have jurisdiction to act on Mr. Young's
application for a zoning certificate, noting the specific language in Section
1161.02 which provides for the referral of applications for zoning certificates
Village Council
August 17, 1988
Page Two
to the GDC only when new construction or structural alterations are proposed by
the applicant.
You have deferred making a decision on Mr. Young's appeal until the
jurisdictional question has been considered and an opinion rendered by me.
In reaching my conclusion, I have reviewed the Granville Zoning Ordinance
and the specific code sections referred to above. The Granville Zoning
Ordinance has several unusual features, one of which is the delegation of a
portion of the Zoning Inspector's authority to issue zoning certificates to the
GDC in specific circumstances. The general section with respect to the
issuance of zoning certificates is Section 1137. 04 Zoning Certificate, which
states as follows:
a) Use prohibited without zoning certificate. No owner, lessee or
tenant shall use or permit the use of any structure, building or land, or
part thereof, hereafter created, erected, changed, converted or enlarged,
wholly or partly, until a zoning certificate shows that such building or
premises or a part thereof, and the proposed use thereof, are in
conformity with the provisions of this Zoning Ordinance. The Inspector
shall recommend issuance of a zoning certificate by the Village Manager,
provided he is satisfied that the structure, building or premises,...
conform with all the requirements of this Ordinance, subject to approval
by the Development Commission where the Ordinance requires. The denial
of a zoning certificate by the Zoning Inspector may be appealed in
writing to the Board of Zoning and Building Appeals within 10 days after
the Zoning Inspector notifies the owner thereof.
Section 1161.02 Application for zoning certificates provides in pertinent
part as follows:
Therefore, in addition to the other requirements of this Zoning
Ordinance, all applications for zoning certificates in the Architectural
Review District shall be subject to review by the Development Commission
to determine that the proposed new construction or structural alteration
emphasis added): Subsection (a) through Subsection (d) are omitted.)
Furthermore, Section 1159. 04 Site Plan Approval requires review by the
Development Commission under the following circumstances:
all new construction and all structural modifications to existing
buildings in the Village District shall be permitted only upon
application and approval of plans submitted in accordance with this
Section."
Structural modification, the phrase used in Section 1159.04, is not a
defined term. It is however, similar to the term "structural alteration" which
is defined in Section 1135.01 (88) as follows:
Village Council
August 17, 1988
Page Three
Structural alteration" means any change in the structural members of a
building, such as walls, columns, beams or girders.
For purposes of my opinion I have assumed that structural alteration and
structural modification have the same meaning. In fact, Webster's New
International Dictionary, Second Edition, gives "alteration" as a definition
for modification" and vice versa. Therefore, a referral of a zoning
application to the GDC is appropriate only if a structural alteration or new
construction is proposed by the applicant. While the examples of structural
members of a building given in Section 135.01 (88) are not exhaustive but by
way of example only, I have concluded, after consultation with Mr. Zahrbaugh
and with the Newark Department of Code Administration, that a roof, per se, and
its components, that is sheathing and shingles, are not structural components.
Rafters however are structural components. Therefore, cutting through only
sheathing and shingles to install a skylight does not constitute a structural
alteration while any installation of skylights which requires cutting rafters
would constitute a structural alteration.
I have talked with Mr. Van Winkle and he in turn has discussed the
installation of skylights with his client and has represented to me that these
skylights did not require cutting any rafters. Therefore, no structural
alteration occurred.
On the basis of the facts, the definition of "structural alteration" and the
very specific jurisdiction granted to the GDC by the Granville Zoning
Ordinance, I have concluded that Mr. Young' s application for a zoning
certificate was not subject to review by the GDC under Section 1161. 02 or
Section 1159.04.
I recognize I have applied the definition of "structural alteration" very
narrowly. However, the rules of statutory construction require a narrow
construction and a construction most favorable to the applicant where
significant penalties are imposed as they are by the Granville Zoning
Ordinance.
I have not considered the factual findings of the GDC with respect to the
stylistic compatibility of the skylights since the matter, in my opinion, is
resolved by the definition of "structural alteration".
ACM/ cdk
CC: Douglas E. Plunkett
Richard Van Winkle, Esq.
Respectfully submitted,
Ann C. Munro
Village Law Director
BY:

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