Planning Commission

200 South Hamilton Road City of Gahanna Gahanna, Ohio 43230 Meeting Minutes Planning Commission Michael Tamarkin, Chair Thomas Shapaka, Vice Chair Michael Greenberg John Hicks Michael Suriano Thomas J. Wester Pam Ripley, Deputy Clerk of Council Wednesday, April 13, 2022 7:00 PM City Hall, Council Chambers A. CALL MEETING TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL Gahanna Planning Commission met in regular session on April 13, 2022. The agenda for this meeting was published on April 8, 2022. Chair Michael Tamarkin called the meeting to order at 7:00 p.m. with the Pledge of Allegiance led by Wester. Present 6 - Michael Tamarkin, Bobbie Burba, Michael Suriano, Thomas J. Wester, Michael Greenberg, and Thomas W. Shapaka Absent 1 - John Hicks B. ADDITIONS OR CORRECTIONS TO THE AGENDA - NONE C. APPROVAL OF MINUTES 2022-0102 Planning Commission Minutes 3.23.2022 A motion was made by Greenberg, seconded by Burba, that the Minutes be Approved. The motion carried by the following vote: Yes: 6- Tamarkin, Burba, Suriano, Wester, Greenberg and Shapaka Absent: 1- Hicks D. SWEAR IN APPLICANTS & SPEAKERS Assistant City Attorney Matt Roth administered an oath to those persons wishing to present testimony this evening. E. APPLICATIONS - PUBLIC COMMENT V-0012-2022 To consider a Variance Application to vary Chapter 1167.17(b) of the City of Gahanna Page 1 Planning Commission Meeting Minutes April 13, 2022 Codified Ordinances of the City of Gahanna, for shed installation for property located at 641 Gahanna Highlands Dr.; Parcel ID No. 025-009290; Current Zoning SF-3; C.A. and Rome Rosa, applicants. Planning & Zoning Administrator Zach Cowan provided a summary of the application; see attached staff presentation. The variance is to allow a shed to be placed in the side yard. The application is a result of a code enforcement violation. There is landscaping that shields the shed from the right-of-way. Staff supports the variance. Chair opened public comment at 7:05 p.m. Applicant Peter Riddell 194 W. Johnstown Rd, attorney for the applicant. The applicant is unable to attend. Riddell submitted copies of the application to the commission. See attached Exhibit A. Riddell explained it is a prefab shed that is on the side of the home. There are some trees and bushes already and they plan on adding additional landscaping. The shed is for storing lawn equipment. The back part of the property slopes downward making it an unsuitable area for a shed. No comments from the public. Chair closed the public comment at 7:07 p.m. No questions from the Commission. Motion was made by Greenberg, seconded by Suriano, that the Variance be approved. The motion carried by the following vote: Yes: 6- Tamarkin, Burba, Suriano, Wester, Greenberg and Shapaka Absent: 1- Hicks V-0013-2022 To consider a Variance Application to vary Chapter 1141.09 of the Codified Ordinances of the City of Gahanna, for a garage installation for property located at 1076 Gwyndale Ct.; Parcel ID No. 025-011827; Current Zoning SF-2; Terry Cullen, applicant. Planning & Zoning Administrator Zach Cowan provided a summary of the application; see attached staff presentation. The variance is to allow a garage to exceed the allowable area. The proposed garage exceeds the maximum area by only 65 sq. ft. The garage will be on the southwest corner of the house and meets all minimum setbacks. The proposed garage is to accommodate additional family member vehicles. Staff is in support of the variance. Chair opened public comment at 7:10 p.m. Applicant Terry Cullen CTM Construction 6, LLC. 210 Cedar St. Lot 143 Pataskala and Jim Draper 1076 Gwyndale Ct. homeowner is available for City of Gahanna Page 2 Planning Commission Meeting Minutes April 13, 2022 questions. No comments from the public. Chair closed the public comment at 7:11 p.m. Chair called on questions from the Commission; Greenberg asked if the front of the garage will be brick and siding. Cullen said the garage will be brick and siding to match the house per the HOA rules. Tamarkin asked if the garage was 65’ smaller could they build it without a variance. Cowan said that yes, they could, as it meets all other zoning requirements. Greenberg asked if they were going through the HOA Architectural Review Board and getting approval. Draper said they already have the approval from the HOA. Motion was made by Suriano, seconded by Burba, that the Variance be approved. The motion carried by the following vote: Yes: 6- Tamarkin, Burba, Suriano, Wester, Greenberg and Shapaka Absent: 1- Hicks V-0014-2022 To consider a Variance Application to vary Chapter 1143.08(b) of the Codified Ordinances of the City of Gahanna, for a shed installation for property located at 1185 Venetian Way; Parcel ID No. 025-005264; Current Zoning SF-3; Robb Shirey, applicant. Planning & Zoning Administrator Zach Cowan provided a summary of the application; see attached staff presentation. The variance is to allow a shed to be within the minimum rear yard setback. The application is a result of a code enforcement violation. Applicant noted that the shed would be placed over an AEP electrical line if placed at the 10’ line. The Division of Engineering does not support the variance. They stated the shed would obstruct the maintenance and operation of the stormwater drainage way within the easement. Staff does not support the variance. Chair opened public comment at 7:16 p.m. Applicant Robb Shirey 1185 Venetian Way said they did apply for a permit in May 2020. In late August they received a letter stating the application had been denied, which was after the shed had been built. During that time a city representative came out to check on a complaint of his raised garden beds not complying. At that time, the city representative stated that the city was not issuing permits due to COVID. They said to go ahead and build it and take pictures along the way if there are any questions. The shed is built on pillars so there is waterway underneath the entire shed. He checked with the neighbor on the east who has lived in their house for 36 years and there has City of Gahanna Page 3 Planning Commission Meeting Minutes April 13, 2022 never been maintenance to any of the drainage area on his property. His question to engineering is how much maintenance happens with these areas. In the original application there was an asterisk response that said if they were to approve the permit there would be an understanding that the homeowner would be responsible for the removal or movement of the shed if maintenance needed to happen. Shirey is fine with that. No comments from the public. Chair closed the public comment at 7:18 p.m. Chair called on questions from the Commission. Shapaka asked for clarification: the shed is on concrete piers. Shirey said there are nine concrete piers that the shed is sitting on top of. The lowest side is about five inches off the ground and the highest side is about 14” off the ground. Shapaka asked if there were anything to run through there it would go right underneath it. Shirey said it would. Shirey said the shed is made of pressure treated lumber with pressure treated siding and cedar as well. Shapaka wanted it on record that if it is required to be moved for easement that Shirey is responsible to move it at his cost. Shirey understands. Greenberg asked if the approval include that if there is maintenance required of the storm way that the homeowner agrees to move the shed. Cowan said that it is already a part of the permit when placing anything in an easement; however, Planning Commission can make it a condition of approval. Greenberg asked if there was no other place on the property that the shed could be placed on the property that would not interfere with storm water drainage. Shirey said that there is nowhere else to place it. It is a yard with a little bit of a slope. There is no ravine, no gravel, nothing that would indicate that it is a storm water runoff area. Suriano said one of the staff comments was that it not be placed over an electric line and if it were out of the easement, where is the line? Shirey said on the site plan there is an existing deck and just in front of where the dashed line is, the electric line comes in from the back top left corner down the property line south and cuts east into the property and then up to the house. If they bolted, it to 10’ setback the pillars would be right where the electric line is. There is no running or pooling water. Suriano asked Cowan if there are any stipulations in code to the size of shed. Cowan said there are no stipulations to the shed size. Suriano asked if there was a hole’s inspection for the foundations and asked what they are set at. Shirey said they are set at 48”. They used augers on four-by-four posts. Burba asked Shirey if he agrees to move the shed if necessary. Shirey said that if the City has to come through and do some work, and if it needed moved, absolutely he would move it. He would just need some notice. Suriano asked if this is a utility easement. Cowan said it is a drainage stormwater easement. Suriano asked if code allows for structures within the easement. Cowan said this variance is only for the rear yard setback. This is not a variance to be in the easement. It would meet the zoning code City of Gahanna Page 4 Planning Commission Meeting Minutes April 13, 2022 requirement if it was 10’ from the rear property line. Engineering has been cracking down on structures and fences within easement because they have been noticing a lot of drainage issues around the city. If the Commission would approve this, Engineering would have the same stipulation that the structure would have to be removed if there is any maintenance required. Motion was made by Burba, seconded by Shapaka, that the Variance be approved. Discussion on the motion: Greenberg asked if language needed added to the motion that says the property owner will remove the shed if the city requests for maintenance in the easement. Roth said that he doesn’t think it is necessary because it’s implicit in the easement that if the City needs to get in there for drainage purposes, public purposes that it would have to be moved. However, if the Commission wanted to make that a condition, then it should be done at the time of the motion. There is a motion with a second on the floor; if the Commission wants to make it a condition, they need to take care of the motion and second that was made first and then make another motion with the condition. Roth said to withdraw the motion that was made and make a new motion. Motion was made by Burba to withdraw the approval of V-0014-2022, seconded by Shapaka, to withdraw the approval. The motion was carried by the following vote: Yes: 6- Tamarkin, Burba, Suriano, Wester, Greenberg and Shapaka Absent: 1- Hicks Motion was made by Burba, seconded by Shapaka, that the Variance be approved with the stipulation that should the City of Gahanna request that the shed be moved for maintenance of the drainage area the resident and subsequent residences will relocate the shed at their expense. Discussion on the motion: Suriano is in support of the motion, given the rear yard setback variance is within three feet. He appreciates staff’s review and recommendation for non-approval, but knowing that the structure is on a foundation of 48” and off grade, he thinks there will be minimal impediments to storm water and drainage if it is allowed to flow underneath the shed and given the stipulation that it be moved if required to access the easement. The motion carried by the following vote: Yes: 5- Tamarkin, Burba, Suriano, Greenberg and Shapaka Absent: 1- Hicks Abstain: 1- Wester V-0015-2022 To consider a Variance Application to vary Chapter 1171.03 of the Codified Ordinances of the City of Gahanna, for a fence installation for property located at 543 Tall Oaks Dr.; Parcel ID No. 025-009817; Current Zoning PUD; Matteo Triberti, applicant. City of Gahanna Page 5 Planning Commission Meeting Minutes April 13, 2022 Planning & Zoning Administrator Zach Cowan provided a summary of the application; see attached staff presentation. The variance is to allow a 6’ privacy fence in the front yard and move it outward towards McCutcheon Road. The property contains double frontage on the north and south end. The fence is to be in what is typically considered the rear year. It will be replacing an existing 4’ fence that does not effectively provide privacy from McCutcheon Road. Several neighbors have existing privacy fences to the same depth. Chair opened public comment at 7:37 p.m. Applicant Matteo Triberti contacted the Clerk’s Office and is unable to attend this evening. No comments from the public. Chair closed the public comment at 7:37 p.m. Chair called on questions from the Commission. Shapaka asked Cowan if the 6’ height will be just along the sides or all of the fence. Cowan said it will be all the fence will be 6’. Shapaka asked whose responsibility it is to maintain the grass and trees on the other side of the fence. Cowan said it is the responsibility of the property owner to maintain. Greenberg said in looking at the current fence you can see through the slats. Is the new fence slats going to be next to each other and screen out any view inside the backyard? Cowan said per his understanding it will be a privacy fence. Greenberg said it appears just across the street there is a fence just like it. Cowan confirmed it is, and there are similar fences that neighbor this property that have a privacy fence. Tamarkin asked whether that part of the variance is to go from a 4’ fence to a 6’ fence. Cowan confirmed it is from a 4’ to 6’ with a privacy fence in the front yard. Tamarkin said it appears in the arial view that several neighboring fences are 6’ and go as far back as the request. Cowan confirmed there are several fences in line with this request. Motion was made by Shapaka, seconded by Wester, that the Variance be approved. The motion carried by the following vote: Yes: 6- Tamarkin, Burba, Suriano, Wester, Greenberg and Shapaka Absent: 1- Hicks DR-0006-2022 To consider a Design Review Application for site plan, landscaping and building design for property located at 555 YMCA Place; Parcel ID: 025-012051; Current Zoning SO; YMCA Picnic Shelter; Donald Weaver, applicant. Planning & Zoning Administrator Zach Cowan provided a summary of the City of Gahanna Page 6 Planning Commission Meeting Minutes April 13, 2022 application; see attached staff presentation. The Design Review is for a 760 sq. ft. picnic shelter. Code requires a design review for any structure in a commercial zoned property. Code lacks specific language regarding these types of structures. It says that materials that should be constructed will enhance the development in a positive manner. The shelter will be constructed using wood columns and trim painted drift gray, and slate gray shingles. The Land Use Plan designates this property as civic/institutional and does recommend pedestrian friendly facilities. The shelter will be located on the north side of the property. The shelter will be between trees with no trees being removed. The structure is compatible with the existing structure. The shelter will not be visible from the street. Staff recommends approval of the application. Chair opened public comment at 7:43 p.m. Applicant Donald Weaver 620 Reindeer Lane, Project Architect. They YMCA is wanting a shelter to better serve the kids that attend programs during the summer. Neil Eichensehr from the YMCA shared that they have a day camp program and would like some additional shade for the camp. The shelter will also be available to the community. Weaver said no trees will need to be removed, just some scrub brush. No comments from the public. Chair closed the public comment at 7:45 p.m. Chair called on questions from the Commission. Greenberg asked the capacity of the shelter. Eichensehr said there will be six tables with six kids per table, capacity of 36. Burba asked if any landscaping will be done. Eichensehr said they will mow around the shelter. Shapaka asked if it is being built on a concrete pad and how the public can use it and if there is a fence around the property. Eichensehr said the shelter will be on a pad, there is no fence around it and there is a walkway to access the property. Shapaka asked how the shelter will be monitored at nighttime. Eichensehr said there is not lights around the shelter and it is visible to the neighbors. Motion was made by Wester, seconded by Suriano, that the Design Review be approved. Discussion on the motion: Suriano is in support of the structure. The motion carried by the following vote: Yes: 6- Tamarkin, Burba, Suriano, Wester, Greenberg and Shapaka Absent: 1- Hicks DR-0007-2022 To consider a Design Review Application for a sign for property located City of Gahanna Page 7 Planning Commission Meeting Minutes April 13, 2022 at 1379 Johnstown Road; Parcel ID: 025-009559; Current Zoning NC; High Bank Distillery Co.; Tim Kaskewsky, applicant. Planning & Zoning Administrator Zach Cowan provided a summary of the application; see attached staff presentation. The request is to amend an existing Master Sign Plan (MSP). The existing sign plan is specific to this tenant space only. They are proposing a sign for the primary wall to be 91.25 sq. ft., a secondary wall sign to be 22.5 sq. ft. with a 1” black, acrylic font and square borders with a transparent background exposing white, vertical siding of the building with gooseneck lighting. Cowan said the MSP was passed 26 years ago and may be outdated. Staff recommends approval. Chair opened public comment at 7:54 p.m. Applicant Tim Kaskewsky, 159 E. Livingston Ave, Fasten Designs Architect. Kaskewsky said the signs have not changed since the original Design Review Application and was not included in the first application. It is consistent with the brand standard of the company, and the proportions are also derived from their standard graphics. No comments from the public. Chair closed the public comment at 7:55 p.m. No questions from the Commission. Motion was made by Greenberg, seconded by Suriano, that the Design Review be approved. Discussion on the motion: Shapaka is in support of the application and it is in character and appropriate for the building. Suriano is in support of the signs and they are proportionate to the building. Greenberg is in support of the application. Greenberg directed his comment to Cowan; the MSP is 26 years old for that area and is out of date. How does it get corrected or fixed? Is it just by store front? Cowan said it would be up to the property owner to apply for a new MSP. Tamarkin said the sign is proportionate for the building. He is a big believer that sign regulations should allow a tenant to use their colors, and their logos on their signs. The MSP should not determine color or font. The motion carried by the following vote: Yes: 6- Tamarkin, Burba, Suriano, Wester, Greenberg and Shapaka Absent: 1- Hicks F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS - NONE H. OFFICIAL REPORTS City of Gahanna Page 8 Planning Commission Meeting Minutes April 13, 2022 Assistant City Attorney- none Director of Planning Planning & Zoning Administrator Zach Cowan said that at the next meeting Fine Line Auto Body has two applications coming forward. Cowan shared that his last day with the city is on April 14, 2022. He has enjoyed working with the commission, and they have set the standard high for other commissions. Council Liaison - none Chair Tamarkin shared that the Planning Commission meetings are now being broadcast on the Gahanna YouTube Channel. I. CORRESPONDENCE AND ACTIONS - NONE J. POLL MEMBERS FOR COMMENT The Commission thanked Cowan and wished him luck in his future endeavors. Wester said that this evening the commission approved some things where the surveys do not show all the easements. They are mortgage surveys. There are some surveys that show the drainage lines when a subdivision is platted, where the swales are, and the drainage is. They will also have all the utilities on them. In looking at the surveys tonight, there are notes on some that say they do not show all the easements. Essentially, a property owner can be working with incomplete information. Wester supported the City Engineer and his comments on one of the applications tonight. K. ADJOURNMENT There being no further business the meeting adjourned at 8:03 p.m. City of Gahanna Page 9