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PRAIRIE TOWNSHIP ZONING COMMISSION
MEETING MINUTES: FEBRUARY 23, 2016
(As corrected 03/22/2016)
ATTENDANCE
Members Present: Christopher Finn, Chairman; Bruce Whyte, Vice Chairman; Howard
Balzer, Hulda Moffitt
Members Absent: Glen Hymer
Alternate Members Present: Melvin Jones
Alternate Members Absent: Cathy Schmelzer
Staff Present: Connie Swisher, Zoning Inspector
CALL TO ORDER
Chairman Christopher Finn called the regular meeting of the Prairie Township Zoning
Commission to order at 3pm on Tuesday, February 23, 2016, at the Township Hall, 23 Maple
Drive, Columbus, Ohio 43228.
ALTERNATE SEATED
Because of Mr. Hymer’s absence, Chairman Finn invited Melvin Jones to be seated at the
conference table with the Zoning Commission.
MEETING MINUTES
Mr. Finn asked for a motion to accept the January 26, 2016, Prairie Township Zoning
Commission regular meeting minutes as written, or with corrections as made.
Mr. Whyte made a motion to accept the January 26, 2016, meeting minutes as written; motion
seconded by Mr. Balzer. Roll call as follows:
2.
3.
4.
5.
Howard Balzer
Melvin Jones
Hulda Moffitt
Bruce Whyte
Christopher Finn
Aye
Aye
Aye
Aye
The motion was approved unanimously.
Prairie Township Zoning & Commercial Building Department
25 Maple Drive, Columbus, Ohio 43228
Phone: 614.878.3317 ♦ Fax: 614.878.0566
Zoning Commission Meeting Minutes: 02/23/2016
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OLD BUSINESS
Zoning Resolution Packet of Changes
Ms. Swisher stated that because of unanticipated staff shortages in the Zoning Department, the
packet of changes to the Zoning Resolution was not available for distribution to the Commission
as previously planned.
Also, in reviewing the package, Ms. Swisher said that she had determined there are more
changes which should be included. These changes have not been previously discussed by the
Zoning Commission, but they are needed to maintain consistency throughout the code. We
must always be vigilant for the circumstance in which a change in one section means that the
same change has to be made in another.
Zoning Variances & Amendments
Notification of Property Owners: Connie Swisher
There are sections in the Zoning Resolution that include requirements for creating mailing lists
for property owners who are to be notified about public hearings related to zoning variances
and appeals and zoning amendments. However, in rural areas, the distance requirement in
sections applying to the Board of Zoning Appeals is 1320 feet; and in sections applying to the
Zoning Commission, it is 1000 feet. This inconsistency between BAZ and Zoning administration
regarding distance should be corrected.
This difference in distance between BZA and Zoning is also reflected in sections that specify
requirements for the placement of signs about public hearings related to zoning variances and
appeals and amendments to the zoning code.
With respect to platted subdivisions, the distance of 320 feet is the same for both zoning
variances and appeals and amendments to the code.
ARTICLE V – ADMINISTRATION
In Section 543, Application and Standards for Variances, referring to the rural areas, it states
that a list of property owners within 1320 feet of the property that is the subject of the variance
from the Zoning Resolution must be included in a written application to the Zoning Inspector
and the Board of Zoning Appeals.
With respect to platted subdivisions, Section 543 also states that a list of property owners
within 300 feet from the lot that is the subject of the variance must be included in the written
application.
As corrected: 03/22/2016
Zoning Commission Meeting Minutes: 02/23/2016
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In Section 548, Notice to Parties in Interest, the distance “within 1320 feet of the property in
question” is specified.
In Section 562, Contents of Application for Conditional Use Permit, the distance “within 1320
feet of the property in question,” is specified (#6).
ARTICLE VI – AMENDMENT
In Section 603, Contents of the Application, with respect to the rural areas, it states that a list of
property owners within 1000 feet of the property that is the subject of the amendment must be
included in a written application to the Zoning Inspector.
With respect to platted subdivisions, Section 603 also states that a list of property owners
within 300 feet from the lot that is the subject of the amendment must be included in the
written application.
ARTICLE 13 – PLANNED UNITED DEVELOPMENT
In Section 1357, Notice to Property Owners by the Zoning Commission, property owners “within
1000 feet of the property in question” must receive a written notice of a public hearing.
Ms. Swisher recommended that the distance 1320 feet be changed to 1000 feet wherever it
occurs with regard to notification of rural property owners. In practice signs are placed 1,000
feet from the subject property. People driving by who live more than 1,000 feet away are very
likely to see the signs coming and going from their property. We are very careful to notify the
residents of all public hearings.
Mr. Jones remarked that the “1320 feet” distance might have been decided upon because it is
¼ of a mile.
ARTICLE V - ADMINISTRATION
Regarding Section 544, Use Variances Prohibited, Ms. Swisher stated that the Township
attorney has questioned the Township’s legal ability to prohibit use variances. Ms. Swisher said
that she planned on having another conversation with the attorney to clarify that the Township
cannot prohibit use variances.
If, in fact, the Township cannot prohibit use variances, it appears that Section 544 should be left
blank and that Section 940, Substantially Similar Uses, should remain.
Section 544 refers to Article IX, DISTRICT REGULATIONS , Section 940, Substantially Similar Uses,
because it states, “This provision shall be strictly construed so as not to conflict with
Section 940 of this Resolution.”
As corrected: 03/22/2016
Zoning Commission Meeting Minutes: 02/23/2016
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However, Section 940 contains a statement that raises a red flag if, in fact, the Township cannot
lawfully prohibit use variances. The statement is: Any use determined to be substantially similar
which has no “X” or “C” in the corresponding column of Table I shall be a prohibited use and
shall only be permitted upon rezoning.”
ARTICLE 10 – SUPPLEMENTARY DISTRICT REGULATIONS
In Section 1002, Principal Buildings per Lot, language should be inserted to permit the addition
to a principal dwelling of an accessory apartment, as an independent dwelling, in accordance
with all conditions in Section 568, Specific Conditional Use Criteria, item #44, Accessory
Apartment (Granny Flat). “Granny Flat” is one of the new items added to the code.
NEW BUSINESS
March Training Session
Ms. Swisher stated that Peter Griggs from the law firm Brosius, Johnson & Griggs LLC will be at
the March meeting of the Zoning Commission to hold a training session. The content includes
current law changes applicable to zoning administration, how to conduct regular and special
meetings, and how to conduct public hearings—with a focus on handling judicial matters at
public hearings.
NEXT MEETING & ADJOURNMENT
Mr. Finn announced that the next Zoning Commission meeting will be on Tuesday, March 22,
2016, at 3pm, in the Township Hall.
There being no further business before the Prairie Township Zoning Commission, Mr. Finn
adjourned the meeting at 3:45pm.
Respectfully submitted,
Hulda Moffitt, Secretary
As corrected: 03/22/2016