Granville Community Calendar

GPC Minutes 12/14/1998

GRANVILLE PLANNING COMMISSION

December 14, 1998

Minutes

WMeilkmebneferlsdPresent: Jack Burriss,KeithMyers,Richard Salvage,Gary Stansbury,William Wernet,Carl

Members Absent.

Also Present: Kathryn Wimberger,Village Planner

Visitors Present: Scott Rawdon S(entinel),Rufus Hurst, David Neel, Duane Goodwin, Stephen Blake,Dan Stevens

Minutes of November 9: Page 1, under Visitors,change Gary to Greg Ream. Sixth line up from bottom,change b"eyond"in Line 1 to into. Change Voice Vote to Roll Call B(urriss.No.Myers.Yes. Salvage.No. Stansbury.Yes.Wilkenfeld.Yes)

Page 3, line 2, change v"oice vote"to ROLL CALL VOTE OF 3 TO 2 B(URRISS, YES; MYERS,YES,SALVAGE,YES;STANSBURY,NO;WILKENFELD,NO)T,HE MOTION WAS APPROVED. Under Bank First National,Line 3, change to Mr. Salvage stated that only the changes

to the sign should be reviewed because the size of the previous free- standing sign on Prospect Street was granted a variance. Other members ofGPC disagreed.

MR. WILKENFELD MOVED TO APPROVE MINUTES AS CORRECTED. MR. SALVAGE

SECONDED,AND MINUTES WERE UNANIMOUSLY APPROVED.

Question andAnswer Sessionwith Ixtw Director,Rufus Hurst

Before the regular meeting,Mr. Hurst was requested to address the GPC with respect to properprocedures ofmeetings.

Mr.Hurst statedthat in an application thepublic is not invited to speak,although it is open to the public.In these administrative hearings one or more members of the public may be called on to

testij> and must be placedunder oath. All who plan to speak may be sworn in en masse.In a public

hearing there is no requirement that speakers be placed under oath. It's their opportunity to comment

on the wisdom of a legislative proposal.What is the difference between a public hearing and a hearing open to the public,andwhat is it that gives an individual the right to participate in a hearing

open to the public but not apublic hearing?

There is some discussion about revising some of our coded*ordinances toA ()make things

more clear and 1 (3m)ake changes tomake things enforceable. A lot ofpeople feel that as to certain

basic principles applicable to charter municipalities we ought to be able to structure our procedures

in a way we see fit based on home rule provisions. The courts seem to be allowing us to apply our

own criteria,butwe can't turn an open hearing into apublic hearing.

If the Planning Commission is making the jinal decision,that is an administrative hearing

and open to the public. It is not a public hearing,and their decision must be based on criteria,not

public opinion. Public hearings,or legislative hearings,are those hearings wherein when the GPC is

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aN done,all it does GPC is make a recommendation to Village Council as towhat it should do because the represents the begmning of a legislative process.i.e.r,ezoning. Under PUD there is a charter which says all ordinances must be passed by Village Council with GPC recommendation. In an administrative hearing decision,if someone is not happy with the decision,hish/er appeal to Common Pleas. If hesh/e is successful in saying that public opinion plaryeecdourse is to influencedthe thoughtprocess ofthe Board,hesh/ewill be able to get the decision a role or is basedi,npart,onpublic opinion. reversed because itV

If a person canprove s "tandingh,e"s/he has a right to be heard and has to be able to particularized interest"and a personal stake in the outcome. Usually this prove adjacent or contiguous to the subjectproperty. The applicant person has property present testimony in supportofthe application andmay crossem-xaamyionre.ma,not call on any experts to

To the question of who determines standing,Mr.Hurst replied that as a general rule the

chairman runs the meeting and the chairwouldmake the initial preliminary call. However,the chair,

upon challenge by another member will ask the Other members and make a call on whether to hold

the information.If someone can identijj;himh/erself,it might appear that in goodfaith hesh/e will

present relevant evidence andyou accept hish/er standing. Ifyou are unsure,you can askwhat this

persons' particularizedinterest is,vs.a community interest. Ifhesh/e refuses to answer.youwill have

to determine whether to use this evidence. The applicant can help to determine this person' s standing.

Ifyou hear someone speak andyou don' t think it's applicable after all,you can say it's the conclusion

of this Board that this person's testimony is not relevant and should not be used in the Finding of

Fact.

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Administrative Hearings:

Applications

Hearings open to the public

Not open to citizens'comments

To speak,citizens must have s'tanding'

Speakers must be sworn ine n(masse)

Citizens may be calledon to tesatn*dmqy be

Crosse-xamined

GPCmakesfinal decision

Decision is basedon criteria

Legislative Hearings:

Public Hearings

The public may speak

Speakers do not have to be sworn in

GPCmakes recommendation to Village Council

Decision based inpart onpublic input

If you allow people to speak in a nonp-ublic hearing,you are setting yourself reversal.Anyone dissatfiie*d with the decision who can convince reviewing authority up for a decision was tainted by those commentswillfind the decision reversed that your should be allowedto speak. Everyone with standing

These ordinances are 33 years old,and when they began,anyone could speak at any time. People may speakal Citizens Comments. Now it is time to review the planning and zoning sections.

Citizens Comments:None

New Business:

Stephen Blake,212 East Elm

The applicant is asking for approval for his alrdady built driveway,which replaced a gravel back yard. Mr. Blake said he had asked for approv before but it was in the wrong placeM.-s. Wimberger said that neighbors'concerns have been withdrawn. 4*

E_1_ MR. SALVAGE MOVED TO APPROVE APPLICATION AS SUBMITTED. MR.

MYERS SECONDED,AND IT WAS UNANIMOUSLY APPROVED.

Gramnlle GolfCourse Company

The applicant would like to proceed with the dedication of the land in the Bryn Du Woods development,Phase IV,to be designated as open space. This is an administrative act of the GPC. A lot split is necessary to accomplish this,and everything is in order,Ms. Wimberger said. The land will

become property ofthe village and the homeowners'association will take care ofrepairs.

MR. MYERS MOVED TO APPROVE APPLICATION. MR. WILKENFELD

SECONDED,AND MOTION WAS UNANIMOUSLY APPROVED.

First Presbyterian Church,110 West Broadway

Mr.Burriss excused himselffrom this application. }

Dan Stevens from Robertson construction wants to erect a temporary sign showing four subcontractors'

names. GPC members agreed the sign was too big and would not benefit the village; it

should be no more than 16 sq.ft. Building the church is a community project rather than a commercial advertisennent.

The names on the sign should match,GPC members agreed. The sign should be subdued and

limited to two colors.

The applicant asked to table application until next meeting,when he will bring in a revision.

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The sign can stay up for a year from time ofinstallation.

Granville Lumber Company,401 South Main

color anDduane Goodwin explained that the applicant would like to install a new sign,same logo and location,but smaller to fit within the code.

The problem is that the sign cannot be placed outside the TCOD,and the height requested for the new sign because of safety issues,is 6'from the ground to the bottom ofthe sign and cannot be a ground sign because ofthe view.

Mr. Stansbury stated that by changing the sign,applicant runs into TCOD and height problems. Remarkably enough,GPC members recommended applicant to leave the grandfathered sign as it is and just repair the decay;then he won't run into problems with the ordinance.

Mr. Goodwin asked to table the application until he can talk with the applicant.

Finding ofFact:

MR. SALVAGE MOVED TO ADOPT THE FINDING FOR A AND B UNDER NEW BUSINESS B (lake and Golf Course)AS FORMAL FINDING OF FACT. MR WILKEELI* SECONDED, AND FINDING OF FACT WAS UNANIMOUSLY APPROVED.

Adjournment:8:50p.m.

Next Meetings: December and 28 andJanuary 11.

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