Granville Community Calendar

Council Minutes November 5, 1997

November 5, 1997
Mayor Marshall convened the meeting at 7:31 pm.
Those responding to the roll call were:
Councilmember McGowan
Councilmember Bellman
Councilmember Montgomery
Councilmember Rader
Vice Mayor Freytag
Mayor Marshall
Law Director Hurst
Manager Hickman
Vice Mayor Freytag moved to excuse Councilmember Eisenberg. Seconded by Councilmember Rader.
The minutes of the regularly scheduled meeting of October 17, 1997, presented for review. Councilmember were Rader moved to approve the minutes as amended. Councilmember Montgomery seconded. Motion carried.
Those signing the register were:
See Attached List.
Lyn Robertson stated she would be representing the Planning Commission during the IGA sign appeal on the agenda this evening. She offered to answer any questions during the appeal.
Mayor Marshall, having attended the last Planning Commission meeting in place of Councilmember Montgomery, reported there had been two work sessions with George Fackler concerning the proposed business on the west side of Cherry Valley Road and tentative plans for improving the nursery property on the east side of Cherry Valley Road.
will Law Director Hurst stated he had reviewed this issue with the Village Planner who report back to the Planning Commission.
The next Planning Commission meeting is scheduled for November 1th.
Village of Granville
Council Meeting Minutes
November 5, 1997
Page 2
IGA Appeal Hearing
Law Director Hurst referred to Chapter 1137 of the Codified Ordinances noting that
all procedures relative to the appeal have been complete. He reminded that appeals are
open to the public but are not public hearings. He then advised that Council will render its
decision no later than the regularly scheduled meeting following this appeal hearing. He
then requested all exhibits of Counsel be identified as part of the record.
This hearing is being transcribed by Court Reporter Marilyn Houck. Ms. Houck
swore in witness Greg Ross of Ross IGA.
Arthur Morrow, attorney for Greg Ross, noted the concern stated prior to this hearing
by Councilmember Bellman as to a conflict of interest on behalf of the law firm of Morrow
and Erhart. He read into the record speaking to this issue. He noted that although his firm
had represented the village on development issues in the past, they were not related to this
matter. He stated his firm had no knowledge from past representation which would have
any bearing on the outcome of this appeal. He noted no such relationship adversely which would affect a decision on this appeal.
Following a discussion between Councilmember Bellman and Law Director Hurst with regard to clarification of limitations of conflict, Vice Mayor Freytag stated he felt no concern for a conflict in this case and requested the appeal continue.
Mr. Morrow noted that the Granville IGA had changed its name from Ross' Food Market. He noted that Granville IGA wishes to change this wording on their sign. He noted there would be no change in size or color scheme. He feels that the interpretation of the Ohio Zoning Code by the Granville Planning Commission has been misapplied. He stated the guidelines set forth in Section 1137 deal with variances as a whole. He cited two Ohio Supreme Court Cases, Kisil vs. Sandusky, 1984,and Duncan vs. Middlefield, 1986 which
accounts for the differences of use variances and area variances. He noted that the IGA was in existence at the time of its annexation into the Village, and it was at that time that it became subject to the Granville Zoning Ordinances, and as this sign was larger than permitted it becoming a nonc-onforming sign. He noted that at the time of the annexation of IGA into the village, there were no provisions that would require a business to get permission from the Planning Commission to merely change the words on the sign if the size was not being altered. He then noted that in 1994 the sign ordinance was changed psuebosptleantially. He noted that Mr. Ross feels the sign is there to attract new students and new to the area.
businesCso. uncilmember Bellman asked what percentage of business is repeat vs. new
Mr. Ross stated there had not been a study done to determine that.
Village of Granville
Council Meeting Minutes
November 5, 1997
Page 3
Councilmember Bellman stated the Village has certain standards it is striving for. He
feels this sign change does not meet that standard.
Law Director Hurst requested that Councilmembers hold their questions until the
appellant is finished with presentation.
Mr. Morrow questioned whether it was the intent of the zoning to include such things
has minor as changing words on a sign. He questioned if that ordinance intended to
prevent a business from changing its name. He noted that at the same meeting on September 8 with which the Planning Commission denied the variance request of IGA, the
Planning Commission granted two sign variances to other non-conforming applicants. Mr.
Morrow gave to Council a rationale for variance request decisions hand out that were also
considered on September 8 before the Planning Commission .
In closing, Mr. Morrow stated that the actions of the Granville Planning Commission,
as it relates to denial of a variance for Granville IGA, was arbitrary, capricious and bore reasonable relationship no to the Villages police power and is therefore unlawful. He stated that these actions are discriminatory as evidenced by the decisions of the two other sign variances. He noted the Granville Planning Commission's claim that granting the variance would provide a special privilege to the Granville IGA and could establish a precedent to other businesses. He stated this is not a proper basis for denial.
Vice Mayor Freytag asked if the proposed sign was the same size, if the material
was the same, and if the colors were the same as the existing sign.
Mr. Morrow confirmed that it was.
Mr. Morrow noted that IGA owns a "marquis"sign located just to the north of the sign in question, which they would be willing to eliminate in exchange for this variance approval.
Councilmember Bellman noted a possibility of the sign being removed during construction to that area of South Main Street.
Manager Hickman noted the sign would probably come down during construction, however he is unaware of the need to remove the sign permanently after completion.
Councilmember Bellman asked about the possibility of replacing the sign, making it in compliance with current code upon completion of the South Main Street construction.
Mr. Morrow again noted that this sign is multiply owned and he is unable to speak for the other owners as to when this sign will be brought back to compliance.
Councilmember Rader noted that this ordinance was not meant to punish. He feels the sign looks very good and this is a reasonable request.
Vice Mayor Freytag read Section 1189.04 of the Codified Ordinances which says repair and repainting of signs is permitted providing the existing sign design is reproduced.
Village of Granville
Council Meeting Minutes
November 5, 1997
Page 4
Councilmember Montgomery asked Council to picture what this sign might look like if
a variance is not granted, considering that there will be an empty "hole"where the current
IGA sign is located on this multiple use pole. She also noted there is no provision in the
zoning code for multiple sign use. She feels the Village should consider this change to the
code at some point.
Vice Mayor Freytag noted that although he is not endorsing this sign, he feels an
obligation to follow the code as this sign is a reproduction of the original sign.
Council will render its decision on this appeal at the next Council meeting.
Ordinance No. 20-97, "An Ordinance To Revise The Codified Ordinances By
Adopting Current Replacement Pages, was introduced, its title read by Councilmember
Rader. Mayor Marshall set the 1997. public hearing on Ordinance No. 209-7 for November 19,
Resolution No. 97-38, A Resolution To Authorize The Village Manager To Advertise For Bids For The Purchase Of Water And Sewage Treatment Chemicals, was introduced and read in full by Councilmember McGowan. Seconded by Councilmember Montgomery. Motion Carried. Resolution No. 97-38 was adopted.
Resolution No. 97-39, "A Resolution To Enter Into An Easement and Maintenance Agreement With The Thomas J. Evans Foundation, was introduced and read in full by Councilmember Montgomery. Seconded by Councilmember McGowan.
Councilmember Rader asked the Manager if there would be a financial burden to the taxpayers at any time in the future.
Manager Hickman noted the obligation of the Village with arrangements with Granville Mill and Abes Body Shop for participation in the maintenance in their areas. Also an agreement has been made with the township to share in the expenses. He noted that the critical part of this agreement is obtaining a storm sewer easement.
Roll Call Vote: McGowan yes, Bellman yes, Montgomery yes, Rader yes, Freytag yes, Marshall yes. Six yes votes. Resolution No. 97-39 was adopted.
Resolution No. 974- 0, A" Resolution To Allow The Manager To Enter Into Negotiations With The Township Trustees For The Exchange Of Property Adjacent To The SWeacsotnedweadter Treatment Plant, was introduced and read in full by Councilmember Bellman. by Councilmember McGowan.
Township Trustee Jim Havens noted he would be working with Rob Drake on the Pprreopsaercautitoonr. of this agreement which would then be reviewed and approved by the County
Village of Granville
Council Meeting Minutes
November 5, 1997
Page 5
Motion Carried. Resolution No. 97-40 was adopted.
Resolution No. 97-41, "A Resolution To Award The Proposals For Deposit Of Public
Funds, was introduced and read in full by Councilmember Rader. Seconded by Vice Mayor
Freytag. Motion Carried. Resolution No. 97-41 was adopted.
Resolution No. 97-42, "A Resolution To Establish The Time And Place Of A Public
Hearing For The 1998 Municipal Budget As Proposed By The Village Manager, was
introduced and read in full by Vice Mayor Freytag. Seconded by Councilmember Rade,
Motion Carried. Resolution No. 97-40 was adopted.
Cox Cable Ordinance -
Vice Mayor Freytag requested more information about Frontier Vision before Council
considers this ordinance.
Mayor Matshall and Councilmember Montgomery
Township Trustee Jim Havens, speaking for the township residents, expressed appreciation to Mayor Marshall and Councilmember Montgomery for all the cooperation given to the township during their time on Council.
Councilmember Rader moved to adjourn Freytag the meeting at 9:12p.m. Vice M or seconded. Motion carried.

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