MINUTES
DRAFT
CALL TO ORDER: John Richardson, Chairman
ROLL CALL: Scott Evans, John Richardson, Robert Giesse, Don de Reynier, and Matt Evans
were present. Also present was Township Attorney, Bridget McGraw.
Minutes Minutes DT Zoning Commission Meeting of 09/12/05
Administering the oath to those giving testimony by Township Attorney Bridget McGraw.
CASE 2005-515 Zone Change, R-SF to O, Robertson’s Property
Staff Report Lois McKnight explained the location of subject property which is 1.5141 acres. She said it is surrounded by Residential Single Family Zoning and Conditionally Permitted uses in R-SF such as schools. She explained the history of the property. The requested rezoning planned for a single storey building for a bank with a drive through. Ms. McKnight stated that the Warren County Regional Planning Commission recommended denial. There were two prior rezoning applications to rezone the property to General Business which were both verbally amended to Neighborhood Business PUD at the WCRPC meetings. An earlier application showed the bank and also a jewelry store on the property. There was a Resolution 2005-28 denying the rezoning included five findings for denial.
The Resolution 2005-28, denying the rezoning request of the prior application, included following five (5) findings for denial:
1. that there was no evidence presented before the Board that the property owner made a good faith effort to market the property as it is currently zoned;
2. the Property owner rejected a bona fide offer for the property for its appraised value as it is currently zoned;
3. the zone change request is not in compliance with the Township land use plan and such a zone change would have no broader land planning objective or benefit to the surrounding property owners;
4. economic viable use of the Property has not been denied to the property owner; and
5. there is no evidence that the Property owner cannot construct a single family residence on the Property as it is zoned for a reasonable return on its investment in the Property.
Considering all the previous issues and the situation being the same the staff recommended denial.
John Richardson asked some questions about previous cases which they submitted. Bob Giesse said this was a very thorough report and very well spelled out. John Richardson confirmed that the Liberty Bible Academy was zoned R-SF. Mr. Richardson said since there is no applicant tonight should we continue the case or make a decision tonight. He asked if there were any other comments on the case.
Lois McKnight read an e-mail dated 10/16/05, to her from Tim Hershner regarding this case. She said he stated that on the Robertson’s zone change application they allege certain comments from Tim Hershner and the township regarding the subject property and appropriate uses and how a reasonable zone change application would be positively received. Mr. Hershner respectfully requested and recommended that the case be continued until the next regularly scheduled meeting. This extension would allow the applicant to have time to provide evidence when and where such statements were made by Mr. Hershner and the township. This would allow Mr. Hershner and the township an opportunity to respond to the allegations. Mr. Richardson said this is another reason to table the case. Mr. Giesse said the summation in the WCRPC is very good. He said he didn’t see any reason to do anything but deny this. They had an opportunity to be here tonight. Don de Reynier said they could have come here tonight and addressed those 5 findings from the trustees, and if there were changes. Mr. de Reynier said he is not inclined to give them a lot of extra time at another meeting. Matt Evans said in all fairness even it they are not here we should look at this objectively. Mr. Evans said just because they are on the edge of the R-SF area, it doesn’t mean they should change this to commercial. There was some discussion on the previous offer to purchase this property from the owner of the school. Matt Evans looked at the internet on this property and it is listed as being under contract. John Richardson asked Briget McGraw if it is appropriate at this time to hear public comment. Ms. McGraw said yes.
Administering the oath to those giving testimony by Township Attorney Bridget McGraw.
Concerned Citizens Diana Halligan, 4071 Brookside Court, said that she had been to several meetings
regarding this property at the county she said she knows there are people who are not here tonight who feel very
strongly about this possible zone change. They are against this change because of the possible domino affect. John
Richardson closed the open portion of the meeting.
Old Business
Zoning Code Update
ADJOURNMENT Motion by Matt Evans to adjourn. 2nd by Scott Evans
Roll Call Scott Evans-Yes, John Richardson-Yes, Robert Giesse-Yes, Matt Evans-Yes,
Don de Reynier-Yes The motion was approved.
_________________________________________________ _____________________________________
John Richardson, President Date Marilyn Arnold, Secretary Date