MINUTES OF THE DECEMBER 3, 2014 ZONING COMMISSION MEETING
Brendan and Erin Astley
Paul Shaw called the meeting of the Catawba Island Township Zoning Commission to order . He announced the date was December 3, 2014 and the time was 7:30 PM.
Mr. Shaw, Chairman of the Catawba Island Zoning Commission, introduced himself and the other members of the Zoning Commission. They were Jordan Davenport, Vice Chairman, and Stephen Lonneman. Mr. Shaw requested Tim McKenna, an alternate Commission member, join the other Commission members at the table and serve as a voting member. Walter Wehenkel , Zoning Inspector & Zoning Commission Secretary, and Matt Montowski, Township Trustee, were also introduced by Mr. Shaw.
Chairman Shaw welcomed those in attendance. He stated the Zoning Commission appreciated their interest. He reminded those in attendance that the Commission is conducting a public meeting and he requested that debates/talking amongst yourselves was not permitted. He asked that all attendees sign the register. If they wanted to speak, they should be recognized by the chairperson and identify themselves by name and address for the record. He then requested all cell phones be turned off. The Pledge of Allegiance was recited.
Chairman Shaw suggested the agenda for the meeting be as follows:
Consider application #668109 from Tomi L. Johnson to rezone property at 5121 & 5131 Sloan St., Port Clinton, OH, consisting of a single family home and a triplex home on two parcels from the R-4 district to the C-2 district
The reading and approval of our last meeting minutes from November 5, 2014.
Any old business
Any new business
Tomi L. Johnson Rezoning Request – “R-4” to “C-2”
Mr. Shaw requested a motion to consider application # 668109 from Tomi L. Johnson to rezone property at 5121 & 5131 Sloan St., Port Clinton, OH, consisting of a single family home and a triplex home on two parcels from the R-4 district to the C-2 district. Stephen Lonneman so moved. His motion was seconded by Jordan Davenport and unanimously passed.
Chairman Shaw asked if any Commission member has a personal or professional conflict concerning the case. There was none. Mr. Shaw requested Walter Wehenkel read the recommendation letter from The Ottawa Regional Planning Commission that recommended approval of the rezoning request. Mr. Wehenkel noted the letter identified the ownership incorrectly. The land is owned by Tomi Johnson alone. Her husband is not listed on the deed. Mr. Wehenkel noted there was no other written correspondence, though he had verbal communication with an adjoining property owner who was in attendance. Chairman Shaw requested the legal description of the property be read by the Vice Chairman, Jordan Davenport. Mr. Shaw opened the hearing to discussion from the floor. He reminded the attendee to state their name and address for the record and reiterated that only one person at a time could speak.
Mr. Shaw noted the applicant or their representative was not in attendance. He offered other in attendance the opportunity to address the Commission. Erin Astley of 4259 Converse Ave addressed the Commission. She submitted a letter from her and her husband and a notarized letter from another neighbor, Joseph Remalius of 4232 Converse. Mr. Shaw read both letters into the record.
Mrs. Astley she understands Mrs. Johnson interest in changing the zoning. Her and her husband purchased their house in March of 2013. They have a young family with three children, ages 4, 7, & 9. She is concerned about the increased traffic and the problem that renters can bring with them. When they purchased the home they knew the Miller Boat line was there. But the boat line operates on a regular daily schedule. She stated they were not ignorant of where they moved, but Millers does not create late night noise as it closes around sunset.
It is one thing to have a parking lot near you, but weekly renters can be problematic. When they bought the property, it was not zoned commercial. Mrs. Astley stated she used to run an apartment complex in Columbus. She knows the issues that renters can bring with them. She stated she has heard that Tomi Johnson is looking at leaving the area. Mrs. Astley is concerned that if she leaves the area and is an absentee landlord, that the renter situation could become a real problem. She moved into a residential neighborhood and the zoning change would significantly impact that situation.
Jordan Davenport commented that the local police department does a good job at controlling noise situations. Brendan Astley stated he is worried more about the activities that could occur in the back yard that his could see. Erin Astley added they are concerned about the rezoning and asked if it can be controlled in some fashion. Walter Wehenkel stated the change of zoning does not allow conditions to be placed on the property. Neither the Zoning Commission nor the Township Trustees have that authority.
There being no further comments, Chairman Shaw closed the public hearing. Stephen Lonneman asked why the “C-2” District was requested when the balance of the neighborhood is either “C-1” or “C-3” Mr. Wehenkel stated the owner filed the application for the zoning change. There was not much discussion between Mrs. Johnson and Mr. Wehenkel concern her zoning district choice. A general discussion followed concerning the “C-1”, “C-2”, and “C-3” zoning districts and the differences between permitted and conditional uses (one family dwelling, permanent use).
Tim McKenna stated the requested “C-2” zoning is not found elsewhere in the Ottawa City Subdivision. Jordan Davenport agreed stating either “C-1” or “C-3” would match better with the existing zoning in the subdivision. Stephen Lonneman asked if the structures are presented rented. Erin Astley stated they are rented long term which is more than a month at a time.
Matt Montowski stated that the Ottawa Regional Planning Commission looked at the zoning change and compared it to the recommendations in the Catawba Island Land Use Plan. The Planning Commission did not look at from the perspective of whether the “C-1”, “C-2” or “C-3” zoning district was the better choice. Tim McKenna asked if the Commission could not accept the “C-2” request, but rather, approve a “C-1” or “C-3” zoning change. Mr. Wehenkel read from the zoning resolution where the Zoning Commission has the authority to modify the request. He stated it was within the law for the Commission to approve something different than the requested district.
Jordan Davenport stated he was concerned over the neighbor’s comments and the lack of attendance by the applicant. Stephen Lonneman stated the Commission’s role is to make a recommendation to the Trustees. Jordan Davenport stated that based upon the Land Use Plan and the zoning of the adjoining area, he would not oppose a “C-1” or “C-3” zoning change. Stephen Lonneman asked when the Land Use Plan was developed. Mr. Wehenkel stated it was prepared in 2006 and it is scheduled to be reviewed in 2015. A committee will be appointed by the Trustees to do that review.
There being no further discussion. Chairman Shaw asked the Commission members if they were ready to reach a decision. Jordan Davenport moved to modify the rezoning request and recommend Application #668109 from Tomi L. Johnson for the property at 5121 & 5131 Sloan St., Port Clinton, OH, consisting of a single family home and a triplex home on two parcels be rezoned from the “R-4” district to the “C-3” district. Stephen Lonneman seconded the motion. Upon roll call vote, all Commission members voted yes.
Mr. Shaw announced the proposed Application #668109 from Tomi L. Johnson to rezone property at 5121 & 5131 Sloan St., Port Clinton, OH, consisting of a single family home and a triplex home on two parcels from the “R-4” district to the “C-3” district will be recommended to the Catawba Island Trustees for their consideration . The date of the Trustees meeting is December 23, 2014 at 7:00 p.m. in the Township Administration Building.
Approval of Minutes
It was moved by Tim McKenna that the November 5, 2014 meeting minutes be approved as sent. Stephen Lonneman seconded the motion. The motion was passed.
Mr. Wehenkel stated the rezoning request for Quinstock Farms LLC was approved by the Trustees at their November 25, 2014 meeting. A conditional use request has been filed and will be heard by the Board of Zoning Appeals at its December 10, 2014. He invited the Commission members to attend.
Mr. Wehenkel stated he has no pending case for the Commission’s next meeting. The next scheduled meeting for the Zoning Commission is January 28, 2015 for the reorganizational meeting and the approval of tonight’s minutes.
Chairman Shaw requested a motion to adjourn. Stephen Lonneman moved to adjourn the meeting. Paul Shaw seconded the motion. The meeting was adjourned at 8:28 p.m.