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I SHOULD CALL

[00:00:01]

THE MEETING OF THE CITY OF HUBER HEIGHTS, BOARD OF ZONING

[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road January 6, 2021 6:30 P.M.]

APPEALS TO ORDER MADAM SECRETARY, PLEASE CALL THE ROLL.

MR. DEAN, MR. DE FLORA HERE, MS. NEWBY, MR. STEWART PRESENT.

THANK YOU.

NOW WE GO INTO THE ELECTION OF OFFICERS.

SO AT THIS TIME, ARE THERE ANY NOMINATIONS FOR THE CHAIR, MR. CHAIR, ELECTED OFFICES STAY AS WE'RE IN 2021.

THANK YOU.

MA'AM IS THERE A SECOND? I'LL SECOND THAT THANK YOU, MR. DEAN, MADAM SECRETARY, PLEASE CALL THE ROLL JUST A MOMENT.

SO MS. NEWBY, YOU'RE MAKING A MOTION THAT THEY STAY THE SAME.

STUART WOULD BE THE CHAIR EVEN COULD BE THE VICE CHAIR.

MR. FLORA.

YOU SECONDED IT, MR. DEAN.

I'M SORRY.

MR. DEAN DID.

THAT'S WHY I WAS CHECKING.

NO PROBLEM.

ALL RIGHT, SO, UM, WE'LL JUST VOTE.

HAVE ONE VOTE THEN.

MR. DEAN.

YES.

MR. FLORA.

YES.

MS. NEWBIE.

YES.

MR. STEWART.

YES.

THANK YOU.

AT THIS TIME.

ARE THERE ANY NOMINATIONS FOR VICE CHAIR? WE MIGHT HAVE HAD, AND WE VOTED.

PAUL'S GOING TO STAY THE SAME.

YOU'RE SAYING.

OKAY.

ALL RIGHT.

ALL RIGHT.

THANK YOU.

THE APPROVAL OF THE AGENDA.

MAY I HAVE A MOTION TO APPROVE THE AGENDA MOTION THAT WE APPROVE THE AGENDA FOR ONE SIX 2021.

CAN I GET A SECOND? THANK YOU, MS. NEWBIE, WITHOUT ANY OBJECTION.

THE AGENDA FOR TONIGHT'S MEETING IS APPROVED IN ACCORDANCE WITH THE RULES OF THE BOARD OF ZONING APPEALS IN ONE 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, EVEN THOUGH WE'RE VIRTUAL TO RAISE YOUR HAND AND WHERE BY JUST THE, OH, DO YOU HEAR BY SWEAR OR AFFIRM UNDER THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD.

I DO.

YES, I DO.

THANK YOU VERY MUCH.

ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER THE CASE REVIEW AND STAFF REPORT, PLEASE STATE YOUR NAME AND YOUR RESIDENCE BEING THAT WE DON'T HAVE ANY OLD BUSINESS.

WE GO GO RIGHT INTO THE NEW BUSINESS VVA CASE 21 DASH OH ONE, THE APPLICANT RANDALL HOPPER.

IT REQUESTED A VARIANCE OF 11 FEET FROM THE 14 FOOT HEIGHT LIMIT SECTION NEVIN 91 DOT DASH DOT OH ONE BUILDING HEIGHT, THE PROPERTY LOCATED AT 77 14 MALE PLANE DRIVE.

MR. MALARKEY.

THANK YOU, MR. CHAIRMAN.

GOOD EVENING, EVERYONE AND HAPPY NEW YEAR TO EVERYONE.

YES.

UM, THE PROPERTY IN QUESTION IS ZONED R TWO WAS A RESIDENTIAL ZONING AS ARE ALL OF THE SURROUNDING PROPERTIES.

AS STATED THE APPLICANT'S REQUESTING A VARIANCE OF THE CITY OF HUBRIS ZONING CODE PERTAINING TO CONSTRUCTION OF AN ACCESSORY BUILDING SECTION 1190 1.01 LIMITS THE MAXIMUM ALLOWABLE HEIGHT OF AN ACCESSORY BUILDING TO 14 FEET.

THE APPLICANT WISHES TO CONSTRUCT A BUILDING WITH A MAXIMUM HEIGHT OF 25 FEET.

THE BUILDING WOULD BE 40 FEET WIDE, 48 FEET LONG AND 24 TO 25 FEET TALL.

THE BILLING LOCATION WILL BE IN THE BACK YARD OF THE PROPERTY.

THIS REQUIRES STAFF RECOMMENDED THE APPLICANT PLY FOR THE 25 FOOT HEIGHT.

SINCE THAT WOULD ALLOW A DECREASE TO 24 FEET RATHER THAN VICE VERSA, THAT WOULD NOT A DECREASE IN HEIGHT, NOT REQUIRED, UH, AMENDED HEARING, UH, THE APPLICANT'S DRAWING CALLS FOR A FIVE FOOT REAR PROPERTY LINE SETBACK AND MINIMUM

[00:05:01]

21 FOOT SIDE YARD SETBACK.

CITY STAFF HAS NO ISSUE WITH THE GRANTING OF THIS VARIANCE REQUEST.

THE LOTS OF APPROXIMATELY ONE ACRE OR UTILITY EASEMENTS AND EXIST ALONG THE WEST AND SOUTH PROPERTY LINES AND SHOULD NOT BE IMPACTED BY THIS STRUCTURE.

UH, THE STRUCTURE IS A PROPOSED POLE BARN WITH A COVERED PATIO.

IT IS LOCATED IN THE SOUTHWEST CORNER OF THE PROPERTY.

THE ENGINEERING DEPARTMENT DID NOT HAVE COMMENTS ON THIS VARIANCE REQUEST.

UM, IF THERE ARE ANY QUESTIONS YOU MIGHT HAVE, I'LL BE HAPPY TO ANSWER THEM.

THANK YOU VERY MUCH.

UM, IF THERE ARE ANY QUESTIONS FOR STAFF MS. NEWBIE, I HAVE, I DON'T HAVE ANY QUESTIONS TO HIM.

THANK YOU, MR. D FLOOR.

NO QUESTIONS, MR. DEAN.

NO, SIR.

NO QUESTIONS.

THANK YOU.

I'M GOING TO ASK FOR A MOTION TO APPROVE B Z A K 21 DASH OH ONE.

I'LL MAKE A MOTION TO APPROVE IT.

CAN I GET A SECOND PLEASE? MISS NEWBIE.

LAST SECOND, MR. DEAN, WOULD YOU PLEASE READ THE VARIOUS, SIR? UH, YES, SIR.

THANK YOU FOR THE PROPERTY IN QUESTION, WILL YOU AND A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE? YES.

WHETHER THE VARIANCE IS SUBSTANTIAL.

YES.

WHERE THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER A JOINING PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT 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.

NO.

WHETHER THE PROPERTY OWNER PURCHASED A PROPERTY WITH KNOWLEDGE OF THE ZONING RESTRICTION.

YES.

WHETHER THE PROPERTY OWNER'S PREDICAMENT FEASIBLY CAN BE OBVIATED THROUGH SOME METHOD OTHER THAN A VARIANCE.

NO.

WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.

YES.

THANK YOU, SIR.

MADAM SECRETARY, WOULD YOU PLEASE CALL THE ROLL MR. FLORA? YES.

MISS NEWBIE? YES.

MR. DEAN.

YES.

MR. STEWART.

YES.

THANK YOU, MS. MAILLARD, IF THERE'S ANYTHING ELSE THE APPLICANT NEEDS, UH, YOU, YOU WILL TAKE CARE OF THAT FOR US.

YES, SIR.

I WILL.

THANK YOU VERY MUCH.

ALL RIGHT.

THANK YOU, SIR.

WE'RE GONNA MOVE DOWN TO, UH, ANY ADDITIONAL BUSINESS AND I SEE THAT WE HAVE NONE.

AND SO WE MOVED TO THE APPROVAL OF MINUTES WITHOUT OBJECTION.

THE MINUTES FROM THE DECEMBER 2ND MEETING, UH, WILL BE APPROVED IF THERE IS NO CO UH, ADVERSITY.

UM, MS. NOBODY Y'ALL HAVE ANY OBJECTION.

YOU MUST HAVE FLOOR OR MR. DANE.

NO, NO OBJECTIONS.

YES, SIR.

LIKE THAT, MR. FLORA, WE'RE A SERVICE TO THIS COMMUNITY FOR YEARS.

UH, HE WAS, UH, A VALUABLE MEMBER OF THIS BOARD.

I THINK HE'S GOING TO BE BEST.

WE CERTAINLY WISH HIM WELL, WE UNDERSTAND WHY YOU NO LONGER BE WITH, UH, WE ENCOURAGE HIM TO STREAM ALL OF OUR MEETINGS IN THE FUTURE SO HE CAN SEE HOW WELL WE'RE DOING AND LET US KNOW EXACTLY EXACTLY.

THIS IS YOUR FLOOR I'M.

UM, AND FOR ME TO JUST BE FINDING OUT AT THIS TIME, I WANT TO THANK YOU, SIR, FOR ALL YOU'VE DONE, BUT LIKE, YOU KNOW, WE DEDICATED OURSELVES TO MAKE SURE WE WERE GOING TO BE THE BEST OF HIS OWN IN COMMITTEE THAT THEY HAD.

AND YOU HAVE ACTUALLY EXEMPLIFIED THAT, SIR.

AND I WANT TO THANK YOU AND HAPPY NEW YEAR TO YOU AND YOUR FAMILY, SIR.

THANK YOU MUCH.

UH, IT WAS, IT WAS A PLEASURE TO BE ON THIS BOARD AND HELP, UM, JUST HAVE A, A REGULATORY MEETING EVERY MONTH AND BEING ABLE TO FUNCTION AS A GROUP WHERE IN A, IN A SOCIETY AND CITY, A LOT OF THINGS HAVE BEEN FALLING APART OVER THE PAST FOUR YEARS WHERE WE JUST KEPT EVERYTHING TOGETHER AND WE KEPT MOVING FORWARD.

SO IT WAS A PLEASURE TO BE ON THE BOARD WITH ALL OF YOU AND TO

[00:10:01]

ANY MORE COMMUNICATION WITH YOU GUYS IN THE FUTURE, I'M NOT MOVING FAR.

UH, THE REASONS ARE PERSONAL AND PROFESSIONAL FOR REASONS FOR MY MOVE.

SO I WILL BE NOT FAR AWAY, HOPEFULLY, UH, WE'LL RUN INTO EACH OTHER.

WELL, HOPEFULLY WE DO.

AND PRAYERS AND PRAYERS ARE FOR YOU AND THE FAMILY, BUT DEFINITELY A PROSPEROUS NEW YEAR, SIR.

THANK YOU.

ALL RIGHT.

THANK YOU.

WE MOVING ON TO UPCOMING MEETINGS, UM, BEING THAT, UH, MR. FLORES, STEPPING DOWN MR. MALARKEY, AND WE ALREADY HAVE A VACANT SEAT.

HOW WILL WE BE WORKING THAT PROGRAM? UH, I'LL DEFER TO, UH, TO THE MADAM SECRETARY ON THAT MADAM SECRETARY.

CAN YOU HELP ME? SO WE HAVE, UM, AN ADVERTISEMENT OUT FOR THAT OPENING.

IF WE HAVE A CASE AND WE HAVE NOT GAINED A PERSON ON THE BOARD, UM, THE THREE OF YOU WOULD HAVE TO BE IN AGREEMENT ON THE CASE.

UM, SO IF ANYONE WAS NOT ABLE TO BE AT A MEETING, WE WOULD HAVE TO CANCEL THAT KIND OF THING WITH IT JUST BEING THE THREE OF YOU.

SO HOPEFULLY WE CAN GET AT LEAST ONE OF THOSE OPENINGS FILLED SOON.

OKAY.

ALL RIGHT.

THANK YOU.

MA'AM AND THE NEXT MEETING WE WILL HAVE THEIR SCHEDULE IS, WAS FEBRUARY THE THIRD AT 2020, 2021 AT SIX 30.

AND IS THERE ANY OTHER BUSINESS OR ANYTHING ANYONE WANTS TO SAY BEFORE WE ADJOURN? I DO HAVE ONE THING.

YES, MA'AM.

THAT'S WE'RE HAVING THE MEETINGS VIRTUAL.

UM, WOULD WE BE ABLE TO START EARLIER BEFORE WHEN YOU ALL WERE HAVING TO TRAVEL UP UP HERE, THAT KIND OF THING, BUT NOW THAT YOU'RE HOME, IS, IS ANYONE AVAILABLE TO DO THE MEETING EARLIER SINCE WE'RE DOING THEM VIRTUALLY? WELL I'M I'M UH, GO AHEAD, MR. DAYTON, MUNDANE.

WHAT'D YOU SAY I COULD DO EARLIER.

WE WERE THINKING AS EARLY AS POSSIBLY FIVE 30.

IS THAT TOO EARLY FOR ANYONE? NO, THAT'LL WORK JUST FINE.

THAT'LL WORK FINE FOR YOU, MS. NEWBIE.

YEAH, THAT'D BE FINE.

AND THAT WILL WORK FINE FOR ME TOO.

JERRY FIVE, FIVE 30.

IT WILL BE, THAT WOULD GET US THROUGH THAT VIRTUAL MEETING QUICKER.

NOW, IF WE GO BACK TO HAVING THE MEETINGS HERE, WE CAN OF COURSE ADJUST THAT IF THAT NEEDS TO BE DONE.

YEAH.

OKAY.

THAT'LL WORK WELL, THANK YOU.

AND IF THERE'S NOTHING ELSE, UH, JERRY, I'LL GET ALL THE PAPERWORK UP TO YOU OR COME UP AND SIGN THE MINUTES.

OKAY.

AND I'LL MAKE SURE I COME UP WITH THAT.

SO IF THERE'S NOT, IF THERE'S NOTHING ELSE, THEN I WILL CLOSE THE MEETING.

ANYTHING ELSE? I HAVE NOTHING ELSE, SIR.

THANKS EVERYONE.

HAVE A GOOD EVENING.

BYE-BYE THANKS.

* This transcript was compiled from uncorrected Speech-to-Text.