RESOLUTION NO. 2016-10
A Resolution to Adopt Village Council’s January 20, 2016 Decision, with Findings of Fact, Concluding that the Proposed Solar Array in Conditional Use Application #2014-187 submitted by Denison University is Not A Commercial Use AND DOES NOT VIOLATE THE STATUTORY PROHIBITION ON COMMERCIAL USES FROM AN ACCESSORY BUILDING IN GRANVILLE CODE § 1157.14(i).
WHEREAS, on January 8, 2015, the Granville Board of Zoning and Buildings Appeals approved Application #2014-187, submitted by Denison University, for a Conditional Use to install a proposed solar array on the Denison University Campus; and
WHEREAS, the decision of the Granville Board of Zoning and Buildings Appeals was appealed and a hearing was conducted before Council on March 4 and March 11, 2015; and
WHEREAS, on March 11, 2015, Village Council affirmed with modifications the decision of the Board of Zoning and Building Appeals Application #2014-187; and
WHEREAS, Council formalized its March 11, 2015 decision in writing, with findings and conclusions of fact, by Resolution No. 2015-25 on April 1, 2015; and
WHEREAS, Council’s decision was appealed to the Licking County Court of Common Pleas pursuant to Ohio Revised Code § 2506.04; and
WHEREAS, on November 2, 2015 the Licking County Court of Common Pleas remanded the matter to Council with instructions to make a finding as to whether the proposed Conditional Use constitutes a “commercial use” from an accessory building for purposes of Granville Code Section 1157.14(i); and
WHEREAS, on January 20, 2016 Council held a supplemental hearing and received evidence and testimony from the parties on this limited issue.
NOW, THEREFORE, be it resolved by the Council of the Village of Granville, Ohio, that:
Section I: Council hereby finds that the proposed conditional use in BZBA Application No. 2014-187 does not constitute a “commercial use” from an accessory building for purposes of Granville Code Section 1157.14(i), and hereby adopts the decision with findings of fact attached hereto and incorporated herein as Exhibit “A.”
Section II: This Resolution shall take effect and be in force immediately upon passage.
Passed this 3rd day of February, 2016.