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I SHOULD[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road December 2, 2020 6:30 P.M.]
CALL THE MEETING OF THE CITY OF HUBER HEIGHTS, BOARD OF ZONING APPEALS TO ORDER MADAM SECRETARY, PLEASE CALL THE ROAD.MS. NEWBIE HERE, MR. STEWART PRESENT.
MAY I HAVE A MOTION TO APPROVE THE AGENDA? UM, I MOVED AT THE AGENDA FOR DECEMBER 20TH, 2020, I MEAN, DECEMBER 2ND OF 2020 TO BE APPROVED WITHOUT OBJECTION.
THE AGENDA FOR TONIGHT'S MEETING IS APPROVED.
IS THIS SWEARING, THE WITNESSES IN ACCORDANCE WITH THE RULES OF THE BOARD OF ZONING APPEALS, ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN.
I WOULD ASK EVERYONE TO STAND, RAISE THEIR RIGHT HAND AND RESPOND.
DO YOU HEREBY SWEAR OR AFFIRM UNDER THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD.
ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER THE CASE REVIEW AND STAFF REPORT, PLEASE STEP TO THE PODIUM.
OBVIOUSLY SPEAK OVER THE MICROPHONE, SPELL YOUR NAME FOR THE RECORD.
BEING THAT WE DON'T HAVE ANY OLD BUSINESS.
WE'RE GOING TO NEW BUSINESS BZA CASE 20 DASH 11, AND THIS IS REVISED.
JASMINE ENTERPRISES, LLC IS REQUESTING A VARIANCE OF 10.5 FEET FROM THE 14 FOOT HEIGHT LIMIT ON THE SENSORY BUILDING SECTION 1191 DOT OH, ONE OF TEXTUREY STRUCTURE.
HEIGHT PROPERTY IS LOCATED AT 43 16 TAYLOR BILL'S ROAD.
I HAD A WONDERFUL THANKSGIVING.
UM, SO AS STATED BY THE CHAIRMAN, THIS IS A REVISION OF A PRIOR VARIANCE FOR THE PROPERTY AT 43 60 TAYLOR'S MILL ROAD.
THE ZONING OF THE PROPERTY IS I ONE WHICH IS LIGHT INDUSTRIAL.
UH, THE ADJACENT PROPERTIES ARE SIMILARLY ZONED.
UH, THE, UH, APPLICANT'S REQUESTING REVISION OF A VARIANCE GRANTED ON SEPTEMBER 2ND, 2020, AND BY THE CITY OF HEIGHTS, MORTIS ZONING APPEALS PERTAINING TO THE CONSTRUCTION OF AN ACCESSORY BUILDING SECTION 1190 1.01 LIMITS THE HEIGHT OF AN ACCESSORY BUILDING TO 14 FEET, EVEN IN AN INDUSTRIAL SETTING, DUE TO THE NATURE OF THE TRUCKING BUSINESS, THE TALLER BUILDING IS REQUIRED TO ACCOMMODATE THE OVERHEAD DOOR HEIGHT FOR SUNLIGHT TRUCKS, ENTERING THE BUILDING.
THEREFORE, THE OWNER WISHES TO CONSTRUCT A BUILDING WITH A HEIGHT OF 25 FEET, WHICH IS 10.5 FEET COLOR THAT ORIGINALLY BY THIS BOARD, THE BUILDING WOULD BE SITUATED DIRECTLY BEHIND AN EXISTING ACCESSORY BUILDING WHILE MAINTAINING THE APPROPRIATE SEPARATION BETWEEN THE BUILDINGS.
SO THE STAFF HAS NO ISSUE WITH THE GRANTING OF THIS VARIANCE REQUEST.
THE STAFF ANALYSIS IS AS FOLLOWS.
THE LOT IS APPROXIMATELY THREE ACRES AND NO UTILITY EASEMENTS ARE SHOWN ON THE PROPERTY.
UH, THE CO THE STRUCTURE IS A COMMERCIAL BUILDING AND IT'S BEING PLACED TO THE REAR OF AN EXISTING ACCESSORY BUILDING.
UH, THE ENGINEERING DEPARTMENT DID NOT HAVE COMMENTS ON THIS VARIANCE REQUEST, AND I'LL BE HAPPY TO ANSWER QUESTIONS YOU MAY HAVE.
UH, IF THERE ARE ANY QUESTIONS FOR STAFF, JUST THE FLOOR.
UM, YOU'RE SAYING THAT THIS IS A CONSTRUCTION BUILDING, OR IT'S JUST A BUILDING THAT'S BEEN CONSTRUCTED.
NO, THIS IS A PROPOSED STRUCTURE THAT, UH, THE BOARD OF ZONING APPEALS, UH, GAVE A VARIANCE FOR, UH, AN ADDITIONAL FOUR FEET OF HEIGHT.
AND IN REVIEWING THE PLANS THAT WERE PROPOSED, IT WAS REALIZED THAT THE CONTRACTOR, I BELIEVE INTENDED TO ALLOW
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FOR A ROOF OVER THE TOP OF THE 18 FOOT HEIGHT.THEREFORE WE'RE NOW LOOKING AT A TOTAL HEIGHT FOR THE BUILDING, UH, REQUEST OF 24 AND A HALF FEET RATHER THAN 18 FEET AS PREVIOUSLY.
YOU HAVE ANY QUESTIONS? NO DOUBT, MR. DEAN.
WHAT DO YOU DO ANYTHING TO ADVOCATE WOULD LIKE TO SAY IT.
SO I NEED YOU TO PLEASE SAY YOUR NAME AND SPELL IT AND YOUR ADDRESS.
ARE YOU THERE? YEAH, I'M HERE.
SO GO AHEAD AND STATE YOUR NAME FOR THE RECORD.
AND WHAT WOULD YOU LIKE TO ADD? UM, NOTHING.
I, YOU KNOW, WE ORIGINALLY, UM, LIKE, UM, DON JUST SAID THAT, UM, WHEN WE REQUESTED, UM, EARLY IN SEPTEMBER, THE BUILDING HAD FOR 18 WAS, UM, YOU KNOW, WE WERE NOT CONSIDERING THE ROOF TO BE LIKE THAT.
SO WHEN WE, AFTER WE GOT THE PERMISSION TALK TO THE CONTRACTOR, THEN THEY EXPLAINED THAT IT'S NOT POSSIBLE TO HAVE, BECAUSE WE HAVE A TRUCKING BUSINESS AND SEMI-TRUCK HEIGHT ACTUALLY IS MORE THAN 13 FEET.
SO IN ORDER TO HAVE THE GARAGE DOORS, WE WILL NEED THE GARAGE DOORS TO BE 16 FEET.
AND THEN, UM, THE GARAGE DOORS AND A ROOF, UH, ITSELF WILL BE LIKE TWO FEET FROM THE ROOF.
SO WHAT THAT WILL PUT US, YOU KNOW, 18, AND THEN THE PEAK HIGH WOULD THE SLOPE THAT IT NEEDED TO BE FOR THE, UM, SNOW AND THE WEATHER RELATED.
IT NEEDS TO BE AT, YOU KNOW, 24, BUT THE BUILDING WALLS OR, YOU KNOW, I, I WOULD SAY HOW THE APPEARANCE OF THE BUILDING WALLS WILL BE 18 FEET, BUT THE PEAK WILL GO UP TO LIKE 24.
AND, UM, I THINK HALF WHICH I REQUESTED IN THE VARIANCE.
YOU HAVE ANY QUESTIONS FOR THE APPLICANT? NO.
NO, AND I HAVE NO QUESTIONS EITHER.
I NEED TO ASK FOR A MOTION TO APPROVE, PLEASE.
I MAKE A MOTION TO APPROVE THE 2011.
I'LL SECOND THAT THANK YOU, SIR.
MR. FLORA, WILL YOU READ THE BARRIERS FOR ME PLEASE? WHAT ARE THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE? YES.
WHETHER THE VARIANCE IS SUBSTANTIAL.
WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER ADJOURNING PROPERTIES WITH SEPHORA DETRIMENTAL, SUBSTANTIAL DUCT FERMENT AS A RESULT OF THE VARIANCE.
NO, WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES, SUCH AS WATER, SANITARY, SEWER, OR GARBAGE REMOVAL.
WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION.
NO, WHETHER THE PROPERTY PREDICAMENT FEASIBLY CAN BE OBVIATED THROUGH SOME OTHER METHOD OTHER THAN A VARIANCE.
WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE BE DONE BY GRANTING THE VARIANCE.
MADAM SECRETARY, PLEASE CALL THE ROLL.
AND THAT'S FOR THE APPROVAL OF THE VARIANCE.
AND YOU JUST GET WITH MR. MAILLARD.
UH, IF THERE'S ANYTHING ELSE HE MAY NEED AS FAR AS FILING.
THANK YOU, RAY, CONTACT YOU REGARDING, UH, THE ADJUSTMENTS TO THE PERMIT, ET CETERA.
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OKAY.SO I WILL CONTACT YOU TOMORROW THOUGH.
MA'AM IS THERE ANY ADDITIONAL BUSINESS THAT WE NEED TO TAKE CARE OF? MADAM SECRETARY THAT YOU KNOW OF? NO, WE'RE MOVING ON TO THE MINUTES.
APPROVE OUR MINUTES WITHOUT OBJECTION TO THE MINUTES FROM THE NOVEMBER 4TH, 20, 20 BZA MEETING.
IF THERE IS NO OBJECTION, THEN I WOULD LIKE FOR US TO HAVE IT APPROVED.
ALL WE HAVE LEFT IS THE UPCOMING MEETINGS, WHICH WE HAD ACTUALLY AGREED TO THE LAST MEETING OF JANUARY, THE SIX, 20, 20 IT'S ON A WEDNESDAY, OBVIOUSLY.
AND WE CAME AND THE TIME STAYS AT SIX 30 AND IN THE NEXT, OH, I'M SORRY.
I STAND CORRECTED WEDNESDAY, JANUARY SIX, 20, 21 AND WEDNESDAY, FEBRUARY THE THIRD, 2021.
AND IF THERE'S NOTHING ELSE WE NEED TO DO, THEN NOT WOULD LIKE TO ADJOURN THIS NEW BEING.
I MAKE A MOTION THAT WE ADJOURN THE MEETING.
AND HAPPY HOLIDAYS TO YOU ALL.