June 9, 2014
Harrison Township Zoning Appeals Board
June 9, 2014
The Harrison Township Zoning Appeals Board June meeting was called to order by chair Leah Black at 7:00 pm. Present were Leah Black, Margaret “Peggy” Egbert, Frank Miles, Joe DeFelice, and Robin Welsh. Absent were Larry Smith and Kenny Cookson.
Minutes from the April meeting were not read. They will be read at July meeting in addition to the minutes from this meeting.
Leah Black called to order the appeals hearing for Paul Pence/Penlin Seeding, 11658 Bulen Pierce Road, Lockbourne, OH 43137, for violation of Section 17.03 Conditional Uses (H)
Legal Notice was read by secretary, Robin Welsh
Letter submitted by Paul Pence was read by secretary, Robin Welsh
Hearing Ground Rules were read by secretary, Robin Welsh
Present: Paul Pence 11658 Bulen Pierce Road, Lockbourne, OH 43137
Chris Pence 11134 Bulen Pierce Road, Lockbourne, OH 43137
Joe DeFelice stated in January 2008 Penlin Farms was zoned General Business with conditional uses H and N. then in January, 2014 Penlin Seeding applied for a permit for a new building. The application was denied due to lack of information. Sec. 11.02.07 (2-2) state “a development plan shall contain a site plan for the property, drawn to scale, showing all property lines and building outlines, access drives, parking areas, and other notable physical features, including underground drainage systems. In addition, the Development Plan shall contain a narrative description of the proposed use and how such use will impact adjacent property. The Development Plan shall contain specific information identifying such impacts, including but not limited to storm runoff and traffic, and how such impacts will be addressed in development of the property.
Currently the prep work of graveling the building pad has been completed. This area is currently being used as parking and is in violation due to no fence or screening.
Chris Pence stated their intent to still build on the location. The parking area was improved with the gravel. Currently employees are parking there during the day. He understands the current concern for the screening. The only change since the approval of the plan in 2008 is the gravel pad.
Peggy Egbert asked Joe if the pad is legal.
Joe DeFelice stated yes it is legal but parking on it without fencing or screening blocking site of the vehicles from the road is a violation.
Frank asked Chris what contact he has had with Joe regarding this violation.
Chris stated he did not have contact with Joe after the January 2014 application was denied until he received the violation.
Frank stated the letter clearly states an intent to build.
Chris stated the current plan is in limbo until an exact size of the building is determined.
Frank said to Chris you are professionals and this should be done by the book.
Paul stated we are just in a time constraint.
Chris stated when they improved the parking area he did not think it was an issue, the plan for the building is drawn out except the building itself has not been added. They are waiting to determine the exact size and specifications of the building so it is not necessary to reapply for a permit with changes to the building size.
Paul stated Todd Younkin is currently drawing the plan that will be submitted once the specifications have been determined.
Leah Black asked if anyone had additional questions or comments.
Margaret “Peggy” Egbert made a motion to uphold the violation.
Frank Miles seconded motion
Roll call vote: Frank – yes to upholding the violation
Peggy – yes
Leah – yes
Frank stated, “I take this job seriously and believe the violation has to stand.
Leah stated to Paul and Chris Pence this is your 2nd notice.
Paul asked what the 2nd notice means and what would happen next.
Joe stated Penlin Seeding has 30 days before the violation goes to the prosecutors office. Once the prosecutor receives it they will have 30 more days to submit an application with complete development plan and narrative. Joe said if this is submitted within the second 30 days he will contact Jamie at the prosecutors office and let him know he has received the application with all the completed paperwork.
Chris asked once the plan is submitted and approved do we have a year to build.
Joe stated the building must begin within one year of the approval of the application.
Peggy made a motion to adjourn
Frank seconded the motion
Next meeting will be Monday July 14, 2014