Catawba Island Township Board of Township Trustees
Zoning Hearing Minutes
August 26, 2025
Chairman William Rofkar called to order the public zoning hearing on Tuesday August 26, 2025, at 10:40 a.m. in the conference room of the administration building. Trustee Diane Belden and Fiscal Officer Shelly Garica were in attendance. Trustee Matt Montowski recused himself due to a conflict of interest. Due to the large number of attendees, the decision was made to move the meeting to the Community Hall.
William Rofkar made a motion to move the meeting and continue it at the Catawba Island Community Hall. Diane Belden seconded the motion. All voted aye. Motion carried.
William Rofkar made a motion to reconvene the zoning hearing. Diane Belden seconded the motion. All voted aye. Motion carried.
William Rofkar called to order the meeting on August 26, 2025 at 10:55 a.m. He explained to the public that Matt Montowski has a conflict of interest with the case and would not be in attendance.
In attendance were: Diane Belden, William Rofkar, Shelly Garcia, Vicki Wheatley, Jack Madison, William Baker, Dorthy Baker, Nancy Oreskovich, Lisa Murphy, Jean Hartline, Robert Garcia, Nancy Caldwell, Brian Caldwell, Flint Heidlebaugh, Helen Fegan, Craig McCoy, Janda Combs, Frank Carchedi, Barb Osterling, Bob Osterling, John Brewer, Todd Jagucki, Pat Horn, Mark Urbanic, Kim Mulholland, Linda Fox, Erik Funfgeld, Chuck Gaskey, Dan Barlow, Heidi Cline, John Hall, DJ Litz, Mel Fenger, Kim Schaffer, Zsolt Veress, Brenda Markle, Ann Gerber, Elizabeth Volchko, John Volchko, Vicki Beal, Jonnie Myers, Jeff Allen, Dawn Allen, Steve Cellier, Kathy Heidlebaugh, Carol Rizzollo, Debra Pinkerton, Lori Waite, Nikolai Blumensaadt, Gino Monaco, Quintin Smith, Eric Schramm, Barbara Lockner, Suzanne Troxel, Michelle Coon, Tony Corona, Steven May, J. Bou-Sliman, Holly Hall, John Calandra, William Chappelear, Carol Shoemaker, Andy French, Robert Nesper, Gary Gearhart, Judi Gearhart, Regis Holland, John Krone, Chris ?, Keith Deters, Steven Morris, Sarah Riedmaier, Randy Riedmaier, Reggie Langford, Tami Blackburn, Robin DeGraff, Kimberly Young, Todd Young, Patricia Sawyer, Antonette Deluca, Michael Schenk, Virginia Schenk, John Imke, Lisa Putka, Mark Putika, Jim Boule, LJ Overmyer, Cheryl Wendt, Chris Cellier, and Ann T. Rumpf.
Chairman Rofkar noted that the purpose of the public hearing is to consider Case #737720, with is a rezoning application by Robin DeGraff to rezone 2 parcels of land located in lot 11, section 3 of Catawba Island Township from “A” Residential Low-Density District to “R-1” Residential District. Parcel #013-14451-1955-000 contains 17.204 acres of land and Parcel #013-14456-19461-000 contains 24.24 acres of land.
Fiscal Officer Shelly Garcia read the letter from the Regional Planning Commission from the meeting that was held July 15, 2025 regarding this rezoning request. At that meeting the Regional Planning Commission voted to recommend approval of the rezoning request.
Fiscal Officer Shelly Garcia then read the letter from the Catawba Island Township Zoning Commission from the meeting that was held on July 23, 2025 regarding this zoning request. At that meeting the Township Zoning Commission voted to recommend to the trustee’s approval of the rezoning request of case #737720.
Fiscal Officer Shelly Garcia and Zoning Inspector Vicki Wheatley then read letters of both support and opposition into the record. There was a total of 29 letters read into record at this hearing. There were also 16 letters regarding this rezoning request that were received and read at the previous trustee meeting. All letters were filed with hearing correspondence.
After all letters were read, Chairman Rofkar took a moment to explain how the trustees have to observe the law. He stated the power and limitations of township trustees is defined in the Ohio Revised Code, and is dictated by the Ohio Legislature. It is very specific and uniform across the state. Township trustees are limited in their power and cannot act beyond what is permissible in the ORC. It does not allow trustees to stop property sales or deny property owners reasonable use of their property.
Chairman Rofkar then opened the floor to the applicant Robin DeGraff. Robin spoke to the residents who were in attendance. She gave a history of the property and how she came to be in the position to have to sell it. She stated that she has tried for over a year to try to sell the property as a horse farm. No one has come forward to buy. This is why she feels the need to rezone the property to get more opportunity to get a buyer for the property. She stated that according to what the property is currently zoned, she is allowed one house per acre which means that 40 homes can currently be put on the property with no zoning change required.
This zoning change from “A” to “R-1” will only allow for a few more homes than what is already allowed.
The hearing was then opened up to the floor if anyone in the audience wanted to speak. Many residents in attendance took this opportunity to speak.
Dorthy Baker stated that her and her husband have a property that is zoned so they can have 30 condos on it, and they would never do that. She also stated that she understood that Ottawa Co. Regional Planning has already approved this request, but said that Mark Messa has in his notes that not everyone was in favor of it. And lastly, she was disappointed that Trustee Montowski was not here. She asked if he had a legitimate conflict with this case.
William Rofkar stated that the trustees do not report to each other and he was not sure what the conflict of interest was.
Chris Cellier asked what happens if there is a tie vote since there are only two trustees voting on this.
William Rofkar stated if there is a tie vote with one yes, one no and there is an abstention then the request does not move forward. The zoning will remain as it is.
Zsolt Veress requested that Mrs. DeGraff withdrawal her application and asked her to continue to try to sell her property with the current zoning.
Mike Schank stated that he was at the Ottawa County Regional Planning Meeting when this was voted on and now looking back, he should have been more diligent and aware of things regarding land use before they voted.
Quintin Smith asked Mrs. DeGraff if she had someone interested in the property if it gets rezoned. Mrs. DeGraff stated that she does have a potential buyer contingent on the rezoning.
However, she was unsure of the plans on what they wanted to do with the property.
William Baker stated that his father bought the property back in the early 70’s as it was going to become a housing development, and he was against that. He eventually sold it and it became a horse farm. It has been a horse farm and has been agricultural in order to keep it from being developed.
Robin DeGraff then got back up to speak. She stated that she has not seen a proposal from the potential buyers yet. She stated they could have something tree lined to enhance the area and it could be a very nice addition. She stated that eventually something else will be put there. This vote is only about a zoning change and that the development plans would have to be approved when that time comes as well.
Robert Nesper stated that he was not comfortable doing zoning changes based on the financial situation of the owner. He said the zoning change was at the expense of neighboring properties, and there would be no benefit to the community to allow this change. There is also no hardship in this case and no reason they can’t keep it zoned “Agricultural” as it would still allow for one-acre lots, it is just for the profit.
William Baker asked Fiscal Officer Shelly Garcia to re-read a portion of his letter that he submitted earlier. He asked that the five questions be read again. The five questions are ones that are asked to the Catawba Island Board of Zoning Appeals before any variance is voted on.
They are:
- Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance?
- Whether the variance is substantial?
- Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance?
- Whether the variance would adversary affect the delivery of any government services?
- Whether the property owner purchased the property with knowledge of the zoning restrictions?
Trustee Diane Belden then addressed the audience. She stated that she has done a lot of research on this over the last month or so and spoke to the zoning inspector, lawyers, Regional Planning and others and has come up with her ideas and beliefs on this issue. She stated the current land use plan identifies this area as low density residential, and she does not understand why we would increase that. She stated we would set a precedence with other zoned areas and adjoining properties. There are currently seven other developments underway and she was not sure why we would want to add more. She stated we cannot stop the growth but can make choices in the development and in how we zone things.
William Rofkar addressed the audience and stated that he is very familiar with zoning, and has been to court cases and knows how the system works, and that unless township trustees stay within the framework of the law this will not hold up in court. We have created our own land use plan and our zoning book. The zoning resolution is made up by people from this community, multiple zoning boards and multiple township trustee boards over the last six decades. He stated that the DeGraff application, according to our own guidelines, is reasonable. He stated that these are the rules put in place by our community over the last six decades. He said it is very clear as to what you will get in the R-1 district. He stated our zoning system is designed with checks and balances. He stated that the role of township trustee is to thoughtfully appoint board members and depend on them to do the work necessary using sound and legal criteria and to rely on their recommendation. He stated voting against our own zoning board and our own rules does not make sense and he knows it would have legal implications. He stated that he has heard the public, and does not disagree but he has a job to do and cannot get his personal opinion involved. He knows this is a good system put in place by our own community. He appreciates the work that the Zoning Commission and Regional Planning has done, and we have a zoning resolution that is lawful and is in place.
Diane Belden then spoke again and stated that she spoke to two separate lawyers about what the ramification would be and was told that as an elected township trustee, you are a legislative decision maker when voting on zoning changes. She stated her role as an elected trustee, is to exercise legislative judgement which can absolutely include weighing public sentiment, community integrity, and constituents’ concerns.
William Rofkar then asked if they were done with the discussion, and ready for a motion. Diane Belden stated yes.
Diane Belden made a motion to deny application #737720 to change the property from Low Density “A” District to “R-1” District. William Rofkar seconded the motion. Diane Belden voted in favor, with William Rofkar opposing the motion. The motion did not pass.
William Rofkar made a motion to adjourn the meeting, Diane Belden seconded the motion. All voted aye. Motion carried. The meeting was adjourned at 12:32 p.m.
__________________________ _____________________________
William Rofkar, Chairman Shelly Garcia, Fiscal Officer
**Subsequent clarification by Ottawa County Prosecuter James VanEerten found that the Board of Trustees did not have a majority vote to deny the recommendation of the Zoning Commission, the law dictates that the changes recommended by the Zoning Commission are, in fact, adopted.
As a result of the failure to have a majority vote in favor of denial, the property will be rezoned at the expiration of 30 days, unless the Board of Trustees is presented with a valid referendum petition within the 30-day window.
See attached letter of explanation from Mr. VanEerten dated August 27, 2025. (click on link below)