A Heritage Lakes homeowner must abandon her at-home business following a Nov. 14 verdict of the Hilliard Planning and Zoning Commission.

A Heritage Lakes homeowner must abandon her at-home business following a Nov. 14 verdict of the Hilliard Planning and Zoning Commission.

The homeowners association lodged a complaint with the city of Hilliard, making city officials aware that Krista Herbert, of Heritage Point Court, was operating a business at the residence.

After hearing from Herbert and area residents, commission members unanimously rejected the application for a conditional use permit needed for the at-home business.

Herbert told commission members she is a franchise owner of Budget Blinds of Worthington and Upper Arlington and while she typically received daily deliveries from FedEx and UPS, it was no different than any other homeowners' deliveries of shipments.

Her neighbors took exception.

Patrick Miller, also of Heritage Point Court, recalled seeing a semi-truck that dropped off large shipments and had to back out of the cul-de-sac.

Herbert said that while that had occurred earlier in the year, she now exclusively receives deliveries via FedEx and UPS and those drivers have access to her garage to leave deliveries inside.

"The deliveries are products for our customers that we then take to their houses to install," Herbert said.

No customers visit and no employees work at the residence, she said.

But Miller reported that on occasion, a person has left a vehicle at Herbert's house and it remained there until the evening.

Kevin Munson, president of the Heritage Lakes homeowners association, told commission members this marked the first instance of involving the city's zoning agency to enforce the association's restrictions of at-home business operations.

Chairman Bill Uttley made it clear the commission had no authority to enforce the regulations of homeowners' associations, but it could rule in this matter because it also violated the city's zoning codes.

"There probably are (other at-home businesses in Heritage Lakes), but we have to draw the line somewhere," Munson said, in explaining why Herbert's at-home business was brought to the city's attention.

City Planner John Talentino recommended the commission approve the conditional use permit, but with a battery of conditions that included prohibiting the delivery of merchandise to the residence.

Commission member Thomas Lyden made a motion to approve the special permit application without any conditions, which members unanimously rejected, effectively denying Herbert a way to lawfully conduct any kind of business operation from the residence.

After the ruling, Herbert conferred with city officials concerning an appeal, which would first be made to the Hilliard Board of Zoning Appeals.

In other action, commission members approved a variance to allow the color red to be ussed on a monument sign for OhioHealth, a tenant of the Gateway at Hilliard, which is currently under construction at Cemetery Road and Britton Parkway.

The unanimous ruling contradicted the staff's recommendation to reject the variance, citing a desire to stick with the original plan for signs of uniform color for the development.

Jodi Sink, operations manager for OhioHealth, appealed for unique signs because most people visiting have not previously been to the site.

"It's vital for (patients and emergency departments) to locate the site quickly," Sink said.

"I'm a big fan of uniformity, but I agree with her point," said Mayor Don Schonhardt, who also sits on the commission.

"If we expect medical providers to locate in our city, we need to consider their needs," he said.

"(OhioHealth) provides a unique and vital service and I think deserves an exception that distinguishes it from the remainder of the developments," Schonhardt said.

The directional sign for the Urgent Care at OhioHealth will have a red band at the top as the result of the commission's decision to amend the original graphics plan.

In other decisions, commission members:

* Approved a variance for a directional sign for Premium Beverage Supply, 3701 Lacon Road.

* Approved a final plat for property of Swordfish City LLC, for parcels at 4530, 4280, and 4266 Cemetery Road.

* Approved a conditional use permit to allow outdoor storage at Beacon Sales Acquisition, 3950 Parkway Lane.

* Approved a final plat for easements of Echo Continental Hilliard LLC, at Britton Parkway and All Seasons Drive.

* Tabled until Dec. 12 an application for Jimmy John's to build a restaurant at 3555 Main St. After discussion, the applicant agreed to work with staff for a revised layout for the restaurant.

* Tabled until Dec. 12 an application for final approval of a plan to build 50 single-family condominiums known as the Courtyards at Hayden Run. The application was tabled without discussion as more time was needed to finalize details, including a tree replacement policy, Talentino said.