Granville Community Calendar

Council Minutes SEPTEMBER 18, 1991

REGULARLY SCHEDULED COUNCIL MEETING
VILLAGE OF GRANVILLE
SEPTEMBER 18, 1991
CALL TO ORDER
Vice Mayor Morrow convened the meeting at 7: 30 p.m.
ROLL CALL
Responding to roll call were:
Councilmember Malcuit'
Councilmember Marshall
Councilmember Rader
Councilmember Hughes
Councilmember
Vice Mayor
Law Director
Manager
Freytag
Morrow
Hurst
Plunkett
Councilmember Malcuit moved to excuse absentee member Eisenberg.
Motion seconded by Councilmember Marshall. Motion carried.
Also present: Eric Phillips, Granville Zoning Inspector
PUBLIC HEARING
Palmer Rezoning -Planning Commission's Recommendation Land To Rezone On West Maple Street From Community Service District to Suburban Residential District C.
Ordinance No. 279- 1 -An Ordinance Amending The Granville Zoning Ordinance And Accompanying Map Thereto, Known As Title Five -
Zoning Districts, Granville Codified Ordinances, As Amended, By Changing The Classification Of The Zoning Districts For Certain Parcels Of Land Described Herein And Located South Of West Maple Street, Between South Cherry And South Mulberry Streets, From DCSiDs,trCicotmmunity Service District, To SRDC-, Suburban Residential C."
Vice Mayor Morrow asked if there was anyone present who wished to speak on the above recommendation for rezoning and subsequent legislation.
Jack Feid, 1086 Burg Street was first to speak. Mr. Feid owns property south of, and contiguous to, Mr. Palmer' s property in the Community Service District (CSD)H.e summarized events leading to the Planning Commission' s approval (with one dissenting vote)o,f an application to construct a house in the CSD)o,wned by Mr. Palmer. He further noted that when Mr. Palmer woabstaiinnetedrested in operating a dog kennel on the same property, he do a home occupation permit from the Planning Commission to builsdo. He was disappointed to find out when Mr. Palmer wished to insteaad,storage shed on the same property he was turned down, and Council the Planning Commission has now recommended to Village that Mr. Palmer's property be rezoned to essentially
Council Meeting Minutes
Village of Granville
September 18, 1991
Page 2
right a wrong, which started when approval was given by the
Planning Commission to build a house in the Community Service
District. He asked that the Planning Commission and Village
Council allow Palmer to build his shed and let the property
remain zoned Community Service District. He claimed that rezoning
Mr. Palmer' s property from Community Service District to Suburban
Residential District C, would be an encroachment upon the (CSD),
and put property owners in that district at a disadvantage.
Mr. Feid challenged Chapter 1143. 01 PROCEDURE (a),which
allows the initiation of a zoning amendment by the Planning
Commission by the adoption of a motion without notification to
property owners and a public hearing.
Rufus B. Hurst, Village Law Director, explained to Mr. Feid
that there are three methods to accomplish an amendment to the
zoning ordinance, and read Chapter 1143. 01: (a) By adoption of a
motion by the Planning Commission, (b) by adoption of a motion by
Council, and (c) when an application is submitted by one or more
owners or lessees of property within the area proposed to be
changed or affected by amendments of provisions of the zoning
ordinance. The remainder of the Chapter (1143),tells what
happens when an application is submitted. Mr. Hurst further
explained that even if the Planning Commission initiated a zoning
amendment by motion, that it wouldn' t necessarily mean it would
happen. There would have to be a formal process, public input is
always required. In conclusion, Mr. Hurst commented that Chapter
1143 could be expansive, but it isn' t.
No other comments, questions or concerns were voiced by
citizens in attendance at this time. Mr. Feid' s comments apply to
Ordinance No. 27-91 as well. Action on Ordinance No. 27-91 was
held for old business.
Roger Sidwell' s Appeal
Law Director Hurst explained to Village Council their options in
accordance with Chapter 1137. 01(c),of the Codified Ordinances of
Granville Part Eleven -Planning and Zoning Code
in hearing appeals from decisions of the Planning Commission. He
read this section in its entirety. He then advised Village
Council that appeal procedures had been met: the appellant timely
submitted his written appeal, and the Planning Commission timely
submitted their "Finding of Fact".
Vice Mayor Morrow asked members if they had any questions.
Hearing none, Mr. Morrow asked Mr. &Mrs. Sidwell to come forward
and present their appeal.
Mr. Sidwell elected to be spokesperson, and went to the
chalkboard to draw a plat of his property. At this time Mr.
Morrow asked Mr. Sidwell to explain what he was appealing.
Council Meeting Minutes
Village of Granville
September 18, 1991
Page 3
Mr. Sidwell stated in late JuneJ/uly he had a sales contract
on his home and garage off East Maple Street which sits on .7055
acres. He then submitted an application to the Planning
Commission for a lot split of 71' x165' (which encompasses his
home and garage) separating it from the .7055 acre parcel,
leaving approximately 40' x 165' and a sliver described as Parcel
B, to use as a right-of-way (perpendicular to East Maple Street),
for access to the rest of his properties to the rear of
approximately 3. 05 acres north of the bike path, and 6 acres
south of the bike path, which he wanted to keep for himself. He
said at that time the Planning Commission felt they needed legal
advice, and scheduled his application for August 25th. A legal
opinion from Law Director Hurst was submitted to the Planning
Commission (copy attached). Mr. Sidwell said he couldn' t be at
that meeting, so Lisa McKivergin represented him at the August
25th meeting. At that meeting, the Planning Commission denied his
application for a lot split as proposed, and recommended instead
a lot split of 111' x 165' lot split, with no access to the rear
properties.
Mr. Sidwell asked Village Council to reverse the Planning
Commission' s recommendation to split his lot 111' x 165',and to
approve his original application.
Vice Mayor Morrow stated to Mr. Sidwell that he was totally
ignoring the fact that a portion of his property was currently in
litigation. Mr. Sidwell responded and stated that Judge Spahr
ruled the Township couldn' t take his property. Mr. Sidwell was
asked if Judge Spahr hadn't instead ruled that Granville Township
had no power of eminent domain within the corporate limits of the
Village.
Mr. Sidwell did not respond to the question but stated that
he wasn' t asking the Planning Commission or Village Council to
make a non- conforming lot, but rather to approve his original
application for a lot split.
Copies of the Planning Commission's Finding of Fact, the
Village Law Director' s legal opinion, and information pertaining
to Mr. Sidwell' s application for a lot split are attached as part
of these minutes.
Public hearing on Mr. Sidwell' s appeal closed with action
held for old business.
MINUTES
September 4. 1991 -Regular Council Meeting -Councilmember Rader
moved to approve the minutes as distributed. Motion seconded by
Councilmember Freytag. Motion carried.
Council Meeting Minutes
Village of Granville
September 18, 1991
Page 4
CITIZENS' COMMENTS
Those who signed the register were:
Roger &Bettie Sidwell
Richard Salvage
Sally MacPhail, Sentinel
Charles E. Winegardner
Brenda Mix
Kim Salvage
Anne Ormond
Marc Shulman
Mary Fellabaum
Orville Orr
Kimberly Salvage, 73 Berline Court (Fern Hill),appeared before
Council seeking a status report on a request she had made in
January '91 for sidewalks to be constructed on the north side of
Newark- Granville Road and extend from Bryn Du Subdivision to Fern
Hill. At that time, Ms. Salvage had presented a petition signed
by ninety citizens interested in a sidewalk to be constructed.
Ms. Salvage also came to the April 3rd meeting seeking the
disposition of her request.
Manager Plunkett responded and reviewed with Ms. Salvage the
current status of the East Granville Water Line project and again
recommended that the sidewalks be done in concert with that
project, or, do the sidewalks and assess property owners as a
separate project. Mr. Plunkett stated his belief that it would be
wiser to wait. It was also noted Sewer service for East Granville
is also being planned.
Ms. Salvage asked how long that would take.
Vice Mayor Morrow explained to Ms. Salvage that the East
Waterline Project was coming along better than it sounds, but it
was hard to predict how soon the project would begin.
MAYOR' S REPORT
The Mayor' s Report for the month of August was presented and
reviewed. Councilmember Rader asked if Manager Plunkett had any
statistics on where excessive speeds were occurring?Vice Mayor
Morrow responded and said that many excessive speed violations
are occurring at the intersection through Cherry Valley and SR16.
Another area was NewarkG- ranville RoadC/louse Lane east to the
corporation limits. Mr. Rader asked if the police were targeting
those areas. Manager Plunkett said as infrequently as they are
patrolled, most of the excessive speeds are in that area. Mr.
Plunkett assured Councilmember Rader that the police were not
running speed traps. Following review of the Mayor' s Report the
clerk was directed to file the report. A copy of that report is
attached as part of these minutes.
Council Meeting Minutes
Village of Granville
September 18, 1991
Page 5
MANAGER'S REPORT
The Manager's Report for the month of August was presented.
Manager Plunkett reviewed the report with members of Council.
Following review, Councilmember Rader moved to approve the
Manager's Report. Motion seconded by Councilmember Freytag.
Motion carried. A copy of that report is hereby attached as part
of these minutes.
COMMITTEE REPORTS
Planning Commission -Councilmember Marshall referred to the
minutes of the last meeting since he was not able to attend.
Curbside Recycling Committee -Councilmember Malcuit asked how
the bids specs were coming along for curbside recycling. Manager
Plunkett stated that the bids will be going out next week.
OLD BUSINESS
Ordinance No. 27-91 -An Ordinance Amending The Granville Zoning
Ordinance And Accompanying Map Thereto, Known As Title Five -
Zoning Districts, Granville Codified Ordinances, As Amended, By
Changing The Classification Of The Zoning Districts For Certain
Parcels Of Land Described Herein And Located South Of West Maple
Street, Between South Cherry And South Mulberry Streets, From
CSD, Community Service District, To SRD- C, Suburban Residential
District C."
Vice Mayor Morrow moved for the adoption of Ordinance No.
27-91. Motion seconded by Councilmember Marshall. Discussion:
members discussed those comments made during the public hearing.
Following discussion a roll call vote on the motion was taken:
Morrow- yes, Marshall- yes, Hughes- yes, Freytag- yes, Rader- yes,
Malcuit- yes, Eisenberg- absent. Six yes votes, one member absent.
Motion carried. Ordinance No. 27-91 duly adopted.
Sidwell Appeal
Mr. Hurst explained to Council that they may uphold, reverse,
modify or remand for further proceedings the decision appealed
from. If it is determined that the facts presented by the
appellant are substantially different from the findings of fact
determined by the Commission, the appeal may be returned to the
Commission for further consideration. He explained that Council
must decide on the Sidwell appeal in two phases: 1) to act on Mr.
Sidwell' s appeal, and 2) on the Planning Commission' s
recommendation to modify Mr. Sidwell' s original lot split
request.
Council Meeting Minutes
Village of Granville
September 18, 1991
Page 6
Action on the Sidwell Appeal was as follows:
1) Councilmember Rader moved to reverse the action taken by the
Planning Commission on August 15, 1991 recommending the approval
of a lot split of 111' x 165'.Motion seconded by Councilmember
Marshall. Five ayes, Councilmember Hughes abstained. Motion
carried.
2) Councilmember Marshall moved to affirm the Planning
Commission' s decision to deny Mr. Sidwell' s application of a lot
split creating a non- conforming 40' x 165' lot. Motion seconded
by Councilmember Freytag. Five ayes, Councilmember Hughes
abstained. Motion carried.
The above two phase action on the Sidwell Appeal will be put into
resolution form and assigned a number. Please see Resolution No.
91-53.
NEW BUSINESS
Ordinance No. 28-91, " An Ordinance To Amend Ordinance No. 26-90
Providing For Adjustments Of The Annual Budget And For The Fiscal
Year 1991, And Revising Sums For Operating Expenses, And
Declaring An Emergency."
Councilmember Freytag introduced Ordinance No. 28-91. Mr.
Freytag then moved for the adoption of the Emergency Clause,
Section III, and read Section III in its entirety. Motion
seconded by Councilmember Malcuit. Roll call vote: Freytag- yes,
Malcuity-es, Radery-es, Marshally-es, Hughesy-es, Morrowy-es,
Eisenberg- absent. Six yes votes, one member absent. Motion
carried. Emergency Clause, Section III duly passed.
Councilmember Freytag moved for the adoption of Ordinance
No. 28-91. Motion seconded by Councilmember Marshall. Roll call
vote: Freytag- yes, Marshall- yes, Rader- yes, Malcuit- yes, Hughesyes,
Morrow- yes, Eisenberg- absent. Six yes votes, one member
absent. Motion carried. Ordinance No. 28-91 duly adopted.
Legislation Suggestions
Vice Mayor Morrow said he would like to see legislation to amend
the Granville Codified OrdinancesT/raffic Code, pertaining to
riding on the outside of an vehicle: to incorporate any portion
of the body. [Clerk' s note: please see Section 371. 06 of the
Granville Codified Ordinances- Traffic Code]
Councilmember Marshall made note of the Heller letter in
Councills packets this week regarding sandwich board signs, and
felt that the Planning Commission was beginning to over- reach a
bit.
Council Meeting Minutes
Village of Granville
September 18, 1991
Page 7
MEETING ANNOUNCEMENTS
Planning Commission, September 19. 1991. at 7: 30 p.m.
village Council/Planning Commission Joint Worksession. October
10. 1991. at 7: 30 D.m. -subject to Planning Commission approval.
INFORMATION
Councilmember Marshall noted that he would be gone the next two
weeks.
Councilmember Rader asked that members read an excerpt from
Business Week Magazine on Economic Trends, which he had asked to
be copied and inserted in their folders this evening.
ADJOURNMENT
Motion to adjourn was made by Councilmember Rader, seconded by
Vice Mayor Morrow.
Meeting adjourned at 9:00 p.m.

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