September 28, 1998
Meeting was called to Order by Mayor William McCune
Mayor McCune asked that everyone (in the room) be sworn in.
Roll: Mayor William McCune, Guy Hansford, James Cufr
Absent: Lowell Masirovits, Edwin Ward
Also Present: Bill Douglass, Cayce Baxley, Jim Reuschling, Don Lampson, Art Aho, Terry Finger, Tom Fleming, Administrator Dan Weir, The Gazette
M. McCune stated that there was still quorum with the three members present. This meeting was called to discuss a request by William Douglass to re-zone a parcel of land. He wants to change the land from Residential to Commercial.
W. Douglass states that he is not the owner, but the manager, his sister is the actual owner.
D. Weir - Originally, the Parcel was commercial and was zoned to RD Multi-family, now they want to have it back to commercial .
M. McCune - Looks like the Parcel has been split zoned. Part zoned residential and part zoned commercial, when it was re-zoned in 1982.
W. Douglass - Clarify that Bill. The 333 feet deep half the distance from Jefferson Street was zoned commercial, the other 220 feet, toward Satin street was zoned Residential.
W. McCune - Let me read what we have from 1982. Basically, members present were Robert Topper, Guy Hansford, Bill Herndon, and Frank Bishop absent was Margaret Skidmore, the others present were E. John Phelps Zoning Inspector, Mr. & Mrs Dennis Osborne, W.E. Douglass, C. Lily, R. Lilly, H. Childs, and B. Childs. The agenda read as a request for rezoning of the property located at 54 West Jefferson Street. Gave a description of the meeting. : Mr. Douglass presented his request showing a map of his property, he stated that his property has a frontage of 138 feet and goes back 499 feet. The front 332.12 feet where the building is located and zoned commercial and the back 166.88 feet is zoned residential single family. Is that close to the dimensions?
W. Douglass - I don't know that those footages are correct, but they are approximately, within a foot or two. It was zoned commercial, and we wanted to make it two family.
W. McCune - Now your requesting the whole property to be zoned from Multi Family to Commercial.
W. Douglass - That is correct.
T. Finger - Just a point of clarification, on the application, the present zoning lists it RS, you are saying RD.
D. Weir - It is RD.
W. McCune - That is what it says here in the last official Planning Commission Minutes, that it was changed to Residential RD Multi-Family.
G. Hansford - Was that passed by Council? You are reading the Zoning Commissions notes. What did Council do?
D. Weir -Council passed an ordinance to go ahead and change that.
W. McCune - Ordinance number 1583. Was passed on October 18, 1982.
G. Hansford - To rezone to RD.
W. McCune - Whereas, on the 12th day of August 1982 , the Jefferson Village Planning Commission voted to recommend to the Jefferson Village Council to change the Zoning from Commercial B1 to Residential RD, of the following description. The property which I have just mention earlier. It was passed October 18, 1982, signed by Frank Bishop , the Mayor and Trudy Armstrong was the Clerk Treasurer. It was done by Ordinance 1583.
T. Fleming - RD or RS?
D. Weir - RS is single family dwelling , RD is multi family Residential.
W. McCune - That paper you have must have a typo on it.
D. Weir - That RS is how our current zoning district map shows that parcel as being zoned RS, that is why it says RS.
T. Finger - The current zoning map -
W. McCune - Is wrong.
J. Lampson - It is also wrong on the Gazette, it lists the Gazette as RS.
W. McCune - That would be Burgess & Niple, they did the map.
W. McCune - The was the original map in 1976, the map showed the Gazette building sitting in commercial.
Dan went to get the acutal Zoning map.
Dan and the Commission looked over the map, and how it should have appeared on the map.
W. McCune - Burgess & Niple transposed some properties and actually made the Gazette property RD instead of reverting it , it shows it right here. Then there is a piece, which is your property Bill, which would be the back piece of it, from West Jefferson Street. By Ordinance it was changed to all RD, but basically that is where we are at. Bill, any comments?
J. Reuschling - The need for commercial is based on someone coming in and wanting to put a funeral parlor in. They want to keep the structure of the house. They are willing to sign something to keep the house looking the same. As far as needing the commercial space in Jefferson, it is needed. As a realtor we are caught in the middle. Because of the Comprehensive Zoning thing, we have a small town that is growing and we never really expanded the commercial or the multi-family or some of these other things. We have a need. These people are not interested in doing things in our town unless there is a need for that. The zoning needs to be changed, I view it as a process, that is needed. There were problems when Thorn's had to re-zone. The fact is , we didn't want it but it was needed. It is easy for people to stand at the Zoning meetings and say "We don't want this" but you still have to look at the overall picture. There are needs for commercial , residential and even industrial. We also have difficulties getting something new in, but you can't forget that sometimes something new is needed.
T. Finger - I remember Council's process, I don't remember many problems. There wasn't many problems getting properties re-zoned for two medical clinics, the Village and this Planning Commission puts together a plan that is covered by the Ohio Revised Code, the plan is for the betterment of the community and the best interest of the community. We have a plan in effect. If you look at the zoning map there is a lot of yellow commercial out there. Whether the property is for sale or not, that is not the function of government to dictate which one has to sell their property. You drive through the commercial district right now, there is commercial property for sale, the Case house, is for sale, the property across from Thorne's , the Bed and Breakfast is for sale that is commercial property. I understand the Realtors argument, but again, as a Resident, one who moved here because of the residential character, I am in favor of protecting what we have today.
J. Reuschling - You still have to look at the case, this is a special case. Obviously, the founding fathers, or whoever, at some point in time, did consider that area commercial, because it was originally commercial. That counts for a little bit.
A. Aho - I would like to read a letter from the neighbor from Horace Childs. Expressed in the letter their objection to the zoning change. They feel this change would lower their property value of their house. Property located is located to the West of the Douglass property line, which is the East property line. In the event this request is granted, we would also like our property changed also. Signed Mr. & Mrs. Horace Childs. Secondly on my own behalf, I sought property on West Jefferson in 1988, I relied on the opinion of that time, where residential and commercial start and stop.
A. Aho - It is a nice residential street and still is, I paid value for what I have, based on the information at that time. I am opposed to this change. I would have to concur with Mr. Finger and also add comment that the community has a right to say how much multi-family , residential, commercial , single and industrial. If we wanted to, the residents could say we don't want any multi-family. The U.S. Census, you'll find that we have an overwhelming amount of multi-family. To come up and say that we have a need, that is your opinion.
Resident - lives on West Jefferson Street, and would like things to stay the same. Will do anything to keep this from happening. I will start a historical committee to protect this 1 and ½ blocks.
Resident - Why do we need two funeral homes on West Jefferson Street.
W. McCune - That is not the Planning Commissions....
Resident - Well why do we though?
C. Baxley - Mr. Reuschling stated that this wasn't done on a whim, it was a carefully thought out process. When the property originally changed zoning that is when it became and to go back again, obviously we are talking dollars. There are plenty of commercial lots available. Explained views on changing zoning. When we did the Comprehensive Plan, we said that was it, its fine as it is.
Resident - Leave the zoning the same on West Jefferson Street. Too much traffic, too much congestion.
J. Lampson - Has concerns for the Village, school issue, as the community grows, the community has to support the growth It is important to put the infrastructure to bring the young people back to the area. Bill McCune and I have great disagreement about the industrial growth in the Village. I do not want to see the commercial districts fall down. The century homes we have here are priceless. We want to keep the community the same, we have to allow some growth.
A. Aho - Asked how many people found Jefferson a desirable area, and we want to bring our children back here, many residents have choose to live here.
M. Aho - Expressed that this is not a good reason to change something, we have no guarantee, what will happen. Look at the day care on Market street, now it will be a office building.
Resident - The Douglass family is getting older, and want to get rid of the property, will get a better dollar amount if its commercial.
C. Baxley - Expressed that the highest and best use is the use it is now. Went over some statistics.
J. Reuschling - Went over RD use and highest and best use.
C. Baxley - Stated that you can't speculate.
W. McCune - Any other comments. Read a letter opposing the change, from Mary Hall, 95 West Walnut Street.
D. Weir - I have a letter from Ed Ward opposing the change.
J. Cufr - Looking at the complete road of nice houses, we never plan, we have to be consistent with our thinking, I also feel we need more businesses to help pay for the new school, I oppose what is in front of us.
Motion by Mayor McCune to turn down the request for commercial.
2nd by Cufr
Roll: McCune, yea; Cufr, yea. Hansford, yea.
Meeting Adjourn,
Mayor William A. McCune, Chairman