Granville Community Calendar

RESOLUTION NO. 09-36

BY: Councilmember Barsky

RESOLUTION NO. 09-36

A RESOLUTION REMANDING THE DECISION OF THE GRANVILLE PLANNING COMMISSION TO DENY THE APPLICATION FOR  A CHANGE OF USE FOR 123 SOUTH PROSPECT STREET AND ADOPTING DECISION FINDINGS AND CONCLUSIONS OF FACT 

WHEREAS, on April 13, 2009, the Granville Planning Commission denied the application submitted by Barbara Franks and Dan Rogers for a change of use for 123 South Prospect Street; and

WHEREAS, the decision of the Granville Planning Commission was appealed and a hearing conducted before Council on June 3, 2009; and   

WHEREAS, on June 17, 2009, Council voted to remand the matter to the Granville Planning Commission for further proceedings by a vote of 5-1 with one member absent; and 

WHEREAS, Council desires to formalize in writing its decision of June 17, 2009 to remand the matter back to the Granville Planning Commission; and

WHEREAS, Council has made decision findings and conclusions of fact supporting its decision, attached hereto and incorporated herein as Exhibit "A." 

NOW, THEREFORE, BE IT RESOLVED by the Council of Granville, Ohio, that:

Section 1. Pursuant to Sections 1137.01 (j) and (k) of the Codified Ordinances of Granville, Ohio, the Council hereby remands the decision of the Granville Planning Commission denying the change of use for 123 South Prospect Street to the Planning Commission for further proceedings consistent with the decision findings and conclusions of fact in Exhibit "A", and hereby specifically adopts the decision findings and conclusions of fact attached hereto and incorporated herein as Exhibit "A."

Section 2. This resolution shall take effect and be in force immediately upon passage.

Passed this 15th day of July, 2009.

 

BEFORE THE COUNCIL OF THE VILLAGE OF GRANVILLE, OHIO

In the Matter of the Appeal of Barbara Franks and Dan
Rogers from the Decision of the Planning Commission
of the Village of Granville Denying the Change of Use
Application for 123 South Prospect Street, Granville, Ohio
(Planning Commission Application No. 09-03 As Amended).

DECISION OF COUNCIL AND FINDINGS AND CONCLUSIONS OF FACT

This Decision with Findings and Conclusions of Fact is adopted by Council pursuant to Section 1137.02 of the Codified Ordinances of the Village of Granville. Section 1137.02(j) states that "Council may affirm, reverse, revoke, modify or remand for further proceedings the decision or order appealed from" and Section 1137.02(k) states that Council "shall formalize its decision in writing, including in the decision findings and conclusions of fact."

The applicants before the Village Planning Commission were Barbara Franks and Dan Rogers, who sought approval for a change of use for 123 South Prospect, Granville, Ohio.  Upon review of the application, the Village Planning Director concluded that the Planning Commission should require that the applicants apply for and receive a variance from the Board of Zoning and Building Appeals for the reasons that the applicants could not meet the parking space dimension requirements nor the accessibility requirements for the parking spaces (stacked parking).  Further the Planning Director had concerns with the accessibility of vehicles to the rear structure because there was no clear indication of control by the applicant over the shared driveways between 117 South Prospect and the subject property; between the subject property and the 127 South Prospect Street, and between the subject property and the Park National Bank property to the west.  The Planning Director also recommended that the applicants should be required to provide written evidence (i.e. through a cross-access agreement) of their right to continue to utilize these shared drive accesses for this additional parking.  After hearing the application on April 13, 2009, the Village Planning Commission by a vote of four to one denied the application for change of use.

Council's decision in this appeal is based on the testimony and evidence presented at the hearing before Council conducted on June 3, 2009, and upon a consideration of the testimony and evidence presented before the Village Planning Commission, included in the record transmitted to the Council.  On June 17, 2009, Council remanded the decision of the Village Planning Commission to the Village Planning Commission for further proceedings by a vote of five to one, with one Member absent.  By majority vote of the Council Members hearing these appeals, Council now remands the decision of the Village Planning Commission to the Village Planning Commission for further proceedings by written decision.  Council makes the following findings and conclusions of fact:

Council hereby finds that the decision of the Village Planning Commission should be remanded to the Village Planning Commission to review and consider all testimony and evidence, including the taking of new testimony from the neighbors and others as necessary and appropriate, to do the following:

1. To determine both the prior and current use of the property (barn) located at 123 South Prospect, Granville, Ohio.

2. To examine the safety issues associated with the proposed use of the property (barn) located at 123 South Prospect Street, Granville, Ohio, including, but not limited to, parking, intensity of the use of the proposed use, ingress and egress to the property, and the existence of any current or proposed agreements for ingress and egress (use access) and parking with the neighbors.

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