Hatcher leads city zoning issue discussion

DAVE MOSIER/independent editor

Even though a zoning appeal won’t come to Van Wert City Council until its February 24 meeting, the issue generated a significant amount of discussion during Monday’s Council meeting.

The discussion was led by City Law Director John Hatcher, who provided information related to the issue, including information on the property and a timeline on what has occurred to this point; a definition of “quasi/semipublic use” the city administration used to initially allow the property located at 233 N. Market St. to fall under that definition as part of the B-3 (business) zoning usage; information on Council’s power of review of zoning decisions, and that power’s limits; and his legal opinion on whether an appeal by Chris Wilson of the administration’s decision to allow the homeless shelter/drop-in center under the above usage was filed in a timely manner.

An attorney for Haven of Hope had sent a letter to the city stating that Wilson’s appeal was not filed in a timely manner, since it wasn’t filed within 30 days of the city’s decision to allow the shelter on November 6, 2019. However, Hatcher notes that, because the Wilsons were not notified of Haven of Hope’s application that was the basis for the city’s decision, the statute of limitation for the appeal under Ordinance 150.66 does not apply, and a more appropriate date to use for the 30-day appeal limit was December 18, 2019, when Haven of Hope withdrew its appeal to the city. Wilson filed his appeal on January 2, 2020, which Hatcher said was within the 30-day limit.

The law director noted that Franklin County Common Pleas Court had decided in 2000 that homeless shelters can be permitted as a “quasi-public” use (City of Bexley vs. Duckworth), but added that court’s opinion was later overturned on appeal — although the reversal was on a technical issue not related to the “quasi-public use” issue.

Hatcher stated, though, he was not telling City Council how it should vote on Haven of Hope’s appeal of the Van Wert Board of Zoning Appeals decision to reject the quasi/semipublic usage as appropriate for the facility.

“I believe that my function here is to make sure that City Council reaches a decision that is reasonable and well thought out,” Hatcher wrote. “I also hope that this information leads to further questions from Council, administration, both parties (to the issue), and the public at large.”

Council President Jon Tomlinson stressed to Council members that their job in hearing the appeal is not to decide whether a homeless shelter was needed — or wanted — in the city, but merely whether such a facility met the definition of “quasi/semipublic usage” under B-3 zoning.

“We’re not allowed to move the goal posts,” Tomlinson said, referring to discussion that centered on whether a homeless shelter/drop-in center was needed or wanted in the city.

Also Monday, City Auditor Martha Balyeat had a number of financial tasks for City Council, including preparing the city’s permanent appropriations legislation and approving a then-and-now certificate.

Safety-Service Director Jay Fleming also talked about several upcoming projects, including street resurfacing work and a water tower painting project, as well as a $950,000 project that would provide a solution to problems caused by the Municipal Building’s aging HVAC system. Balyeat said the city could issue 20-year municipal bonds to pay for the project and then purchase the bonds, essentially investing in itself and earning more interest than other low-risk investments, such as certificates of deposit (CDs), would generate.

“It’s a win-win situation,” Balyeat noted.

Council also prepared a measure authorizing Fleming to apply for a grant from the Ohio Department of Natural Resources (ODNR) that could be used to pay for one of the projects. Council will vote to approve that measure, as well as the bond measure, under its consent agenda at the February 24 meeting.

Council also discussed the charter government ballot issue to be placed on the ballot in November, with city officials seeking those who are interested in becoming members of a 15-member Charter Commission that would work to develop a city charter if city voters approved doing so. Getting one’s name placed on the ballot would only take getting five signatures on a petition.

Commission members’ names would also be placed on the ballot in November.