[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road September 1, 2021 6:30 P.M.]
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I SHOULD CALL THE MEETING OF THE CITY OF HUBER HEIGHTS, BOARD OF ZONING APPEALS TO ORDER MADAM SECRETARY, PLEASE CALL THE ROLL.
MR. DAVIDSON, MR. DEAN, MR. MOK HERE, MR. STEWART PRESENT.
MAY I HAVE A MOTION TO APPROVE THE AGENDA FOR TONIGHT? MAKE A MOTION APPROVED AGENDA WITHOUT OBJECTION.
THE AGENDA FOR TONIGHT'S MEETING IS APPROVED.
AT THIS TIME, WE WOULD DO SWEARING OF 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 HEAR BY SWEAR OR AFFIRM ON THE 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 AND SPELL YOUR NAME FOR THE RECORD OLD BUSINESS.
BEING THAT WE HAVE NO OLD BUSINESS, WE'RE GOING TO MOVE TO NEW BUSINESS BZA CASE 21 DASH 11.
THE APPLICANT SHAWNDA WHITMORE IS REQUESTING A VARIANCE FROM SECTION 1191 DOT OH ONE ACCESSORY BUILDING LOCATION FOR AN ACCESSORY STRUCTURE PLACED IN A SIDE YARD.
THE PROPERTY IS LOCATED AT 45 74
UM, AS THIS IS A RESIDENTIAL PROPERTY, AS STATED AS ALL, UH, JASON PROPERTIES ARE, UH, ONE, UH, CORRECTION, I'LL MAKE IT THE BOTTOM OF PAGE ONE, THE ATTACHMENTS, THERE WAS NO VIOLATION REPORT.
THIS PROPERTY IS NOT CURRENTLY IN VIOLATION.
I SOMETIMES EDIT PRIOR REPORTS.
I SIMPLY FAILED TO DELETE THAT.
SO MY STAFF REPORT READS AS FOLLOWS.
THE PROPERTY OWNER IS REQUESTING A VARIANCE OF THE CITY OF UBERIZED ZONING CODE PERTAINING TO THE LOCATION OF THE NEWLY PERMITTED ACCESSORY BUILDING SECTION 1190 1.0.
ONE OF THE HUBER RIGHTS CODE REQUIRES A LOCATION OF AN ACCESSORY BUILDING AND A REAR YARD, NOT WITHIN FIVE FEET OF A PROPERTY LINE OR ANY OTHER BUILDING.
THE APPLICANT HAS INSTALLED A STORAGE BUILDING IN THE WEST SIDE YARD OF HIS PROPERTY.
AS ONE APPLICATION FOR THE STRUCTURE WAS APPLIED FOR AND ISSUED BASED ON THE APPLICATION SKETCH, SHOWING THE PROPOSED SHED, BEING LOCATED IN THE REAR YARD.
YOU HAVE A COPY OF THAT ORIGINAL PAPERWORK IN YOUR PACKET.
UPON EXPIRATION OF THE PERMIT, OFFICER SEAGRAVES DROVE TO THE PROPERTY AND OBSERVED A BUILDING PLACED IN THE SIDE YARD.
AS A RESULT, CONTACT WAS MADE WITH THE OWNER WHO WAS THEN ADVISED THE LOCATION WAS NOT SATISFACTORY AND NOT AS ILLUSTRATED ON THE PERMIT.
APPLICATION RELOCATION TO THE REAR YARD IS REQUIRED TO BE COMPLIANT WITH CODE AND THEN RECEIVE FINAL APPROVAL.
THE OWNER WISHES TO HAVE THE BUILDING REMAIN IN THE SIDE YARD.
THE APPLICANT THEREFORE REQUIRES THE VARIANCE FROM SECTION 1190 1.01 STAFF ANALYSIS OF THE PROPERTY, AS THEY THOUGHT AS APPROXIMATELY A QUARTER ACRE, UH, REGARDING EASEMENTS THERE'S A SIX INCH WATER MAIN ALONG THE WEST PROPERTY LINE RUNS BETWEEN STREETS.
THERE'S A 10 FOOT EASEMENT, FIVE FEET OF WITH EXTENDS ONTO THIS PROPERTY.
UH, THE STRUCTURE IS A STORY-BUILDING EXCUSE ME, STORAGE BUILDING PLACEMENT IS ON THE WEST SIDE YARD.
UH, THE ENGINEERING DEPARTMENT REQUIRES ANY STRUCTURE TO REMAIN OUTSIDE OF THE CITY EASEMENT AS CURRENTLY INSTALLED.
THIS ONE DOES NOT ENCROACH INTO THE EASEMENT.
IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO ANSWER THEM.
IS THERE ANY QUESTIONS FOR STAFF FROM ANY BOARD MEMBER? NOPE.
I HAVE ONE MS. MAILLARD FOR CLARIFICATION, SIR.
UM, IN REGARDS TO THE PROPERTY, AS FAR AS THE DRAINAGE, THE WAY THAT THE DRAINAGE WAS RUNNING IN THE BACK, ALONG THE
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NORTH CORNER, THAT'S WHERE THE DRAIN IS AT AND THE WAY THE YARD IS SLOPED, DO THAT, PREVENT THEM FROM BEING ABLE TO MOVE, UH, THE SHED OR BECAUSE I WEAR OUT WHAT I'M GETTING AT IS WHEN I WALKED IN AND LOOKED AT THE FOUNDATION.AND THEN AS I WALKED AROUND THE PERIMETER OF THE YARD ALL THE WAY AROUND TO, TO THE, ON THE OTHER SIDE OF THE PATIO, I SAW WHERE THE DRAINAGE THAT'S WAY THE WATER WAS RUNNING.
SO I DIDN'T KNOW IF YOU HAD CONSIDERED THAT OR IF THAT IS TO BE CONSIDERED.
OKAY, WELL THAT IS CERTAINLY SOMETHING THE BOARD COMES THE CENTER OF MY CONSIDERATION BEGINS AND ENDS WITH PROPER PLACEMENT OF AN ACCESSORY STRUCTURE RIGHT NOW REGARDING A DRAINAGE SITUATION.
THE CITY ENGINEER DOES NOT WANT ANYONE BLOCKING ANY NATURAL COURSE OF DRAINAGE.
UM, SO THE ANSWER WOULD PROBABLY BE FINDING THE PROPER PLACEMENT IN THE REAR YARD WHERE DRAINAGE WOULD NOT BE BLOCKED.
AND PLACING A STRUCTURE DOES NOT NECESSARILY BLOCK DRAINAGE AS WATER COULD RUN AROUND THE STRUCTURE AND TAKE ITS NATURAL COURSE TO DRAINAGE.
BUT, UM, AS FAR AS AN OFFICIAL OPINION ABOUT THAT, I DON'T HAVE.
SORRY, JUST WANTING TO KNOW CLARIFICATION.
IS THERE ANYONE WHO WISHES TO SPEAK ON BEHALF OF THE APPLICANT AT THIS TIME, SIR, PLEASE COME UP TO THE PODIUM AND STATE YOUR NAME.
SEAN WOODMORE S H A W N W H I T T E M O R E.
UM, I DID APPLY FOR A, A, AN ACCESSORY BUILDING PERMIT.
IT WAS GRANTED, UH, WHEN I DID APPLY, I DID STATE THAT IT WAS IN MY REAR YARD BASED ON THE INFORMATION IN THE PERMIT PACKAGE.
UH, WHAT I DID IS I LOOKED AT THE PERMIT PACKAGE.
I LOOKED AT MY LOT, WHICH IS NOT REPRESENTATIVE REPRESENTED IN THE PERMIT PACKAGE.
UH, AND I DREW A PARALLEL LINE FROM THE BACK CORNER OF MY HOME, TO THE SIDE PROPERTY LINE AND SAID, THIS IS MY SIDE YARD.
AND THAT'S, THAT'S WHAT DROVE ME TO PLACE IT, WHERE I PLACED IT, THAT, AND OF COURSE THE DRAINAGE ISSUE, UH, WHICH IT DOES WHEN WE GET HEAVY RAIN, LIKE WE HAVE HAD, THERE WILL BE STANDING WATER THROUGHOUT THE, THROUGHOUT THE BACKYARD THAT IS DRAINING TO THAT STORM DRAIN THAT IS IN THE BACK CORNER OF MY PROPERTY.
UM, SO THAT, AND WHAT I BELIEVE WAS MY BACKYARD IS WHERE THE REASON I PUT THE SHED THERE AND I'VE ALREADY POURED CONCRETE, IT'S SITTING ON A CONCRETE PAD.
IF I HAVE TO MOVE IT, I'M GOING TO HAVE TO POUR CONCRETE AGAIN, BECAUSE I DON'T WANT TO JUST SET IT ON THE GROUND BECAUSE THAT INVITES VARMINTS TO LIVE UNDER IT.
UH, IT WILL MOVE AND EVENTUALLY IT, IT WILL START TO FAIL.
SO SITTING ON CONCRETE IS THE BEST AVENUE.
SO I'M GOING TO HAVE TO POUR CONCRETE.
IT'S GOING TO HAVE TO BE 10 TO 15 FEET, UH, FROM ANY PROPERTY LINE, WHICH IS GOING TO PUT IT IN.
AS THE CITY IS DEFINED BACKYARD, IT'S GOING TO PUT IT IN THE MIDDLE OF MY YARD SOMEWHERE.
YOU KNOW, IT WON'T BE OUT OF THE WAY LIKE IT SOMEWHAT IS NOW.
UM, I HAVE TO SAY, I, I DON'T AGREE THAT WHAT THEY'RE CALLING MY BACKYARD IS MY BACKYARD BECAUSE NOWHERE CAN I FIND IN THE ORDINANCE THAT THE BACKYARD IS DEFINED AS A PARALLEL LINE FROM THE REAR CORNER OF A HOUSE TO A PROPERTY LINE.
I COULD READ THAT FOR YOU, SIR.
I COULDN'T, I COULDN'T FIND IT IN THE ORDINANCE ANYWHERE.
SO I CAN CLARIFY THAT FOR YOU.
THE SECTION 1191, OH, OR 1120 3.1, ONE NINE DEFINITIONS YARD, COMMA, REAR YARD, CALMER REAR MEANS A YARD EXTENDING ACROSS THE FULL WIDTH OF THE LOT MEASURE BETWEEN THE REAR LOCKED LINE AND THE FOUNDATION WALL OF THE BUILDING.
I DIDN'T UNDERSTAND THAT TO BE, AND I LOOKED AT THE SIDE GUARD LINE, WHICH SAYS A YARD EXTENDING FROM THE FRONT YARD TO THE REAR YARD AND MEASURED FROM THE SIDE LOT LINE OF THE FOUNDATION OF THE BUILDING.
SO THAT'S WHERE I'M SAYING, I WENT TO MY CORNER, MY BACK CORNER OF MY HOUSE RIGHT THERE.
AND I DREW A STRAIGHT LINE TO MY SIDE PROPERTY LINE
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AND JUST SAID, THAT IS MY SIDE.I ASSUMED THAT THAT'S WHAT MY SIDE YARD WAS.
I WOULD AGREE THAT IT PROBABLY IS THERE FOR THE SHED BEING LOCATED IN THE SIDE.
YARD IS A VIOLATION OF THE CODE.
I THINK WE'RE, WE'RE, WE'RE NOT UNDERSTANDING THE SAME THING.
I'M NOT SURE WHAT CAN I SHOW YOU? WELL, I I'M SEEING, YEAH, PLEASE GO AHEAD.
WELL, WHAT I BOUGHT, WHAT I DID IS I WENT FROM HERE TO HERE BECAUSE THIS IS WHAT I VIEWED AS MY SIDE PROPERTY LINE.
SO I DREW A LINE FROM HERE TO HERE IS THAT MY SHED IS BEHIND ME.
AND THEN THE INSPECTOR CAME OUT AND HE WALKED TO THIS CORNER OF THE HOUSE AND SAID, YOU KNOW, THERE'S A PARALLEL LINE THAT RUNS FROM HERE TO HERE AND THIS WAS YOUR BACKYARD.
AND YOU KNOW, AND I DIDN'T UNDERSTAND THAT IF MY LOT WAS SQUARE AND YOU KNOW, WE'RE HA WE'RE HAVING THIS DISCUSSION.
BUT IF YOU LOOK AT THE SHAPE OF MY LIFE, MY LOT IS, YOU KNOW, GOT A BUNCH OF SIDES TO IT.
AND MY HOUSE IS NOT SQUARE ON THE LOT.
YOU KNOW, IT'S, IT'S PARALLEL TO THE OPPOSITE PROPERTY LINE.
SO THAT, THAT WAS MY REASON FOR THINKING IT WAS IN THE BACKYARD.
UH, COULD I ASK A QUESTION? YES.
MA'AM YOU MAY, UM, SIR, ONCE YOU, WHEN YOU DID YOUR PERMIT AND YOU SAW THAT, WHAT YOU, WHAT IT DIDN'T GO THE WAY YOU SET, WHY DIDN'T YOU COME BACK AND REVISE THE PERMIT REQUEST? ALSO? I DIDN'T, I DIDN'T KNOW FOR A YEAR I GOT MY PERMIT IN JULY OF 2020, AND HE CALLED ME IN THE END OF JULY, 2021.
WHAT I'M SAYING IS WHERE YOU, WHERE IT WAS SAID THAT YOU SUPPOSED TO PUT IT, YOU DIDN'T PUT IT THERE.
AM I CORRECT? TO ASSUME THAT I ASSUMED THAT I PUT IT WHERE I SAID I WAS PUTTING IT.
SO TO CLARIFY THE INSPECTION, UH, WHEN THERE WAS NO REQUEST FOR A FINAL INSPECTION MADE, UH, AND THE PERMITTED EXPIRED, MY INSPECTOR GOES THROUGH PERMITS WHILE THEY EXPIRE.
IT'S ALWAYS UP TO THE APPLICANT TO SCHEDULE THEIR FINAL INSPECTIONS.
WHEN THAT DOESN'T HAPPEN AND IT EXPIRES, THEN HE IS GOING TO MAKE A TRIP TO THE PROPERTY.
AND THAT'S WHAT THIS ONE IS ENSUED AFTER THAT.
BUT WHAT I'M SAYING IS WHERE YOU SIT ON THE PIT PERMIT THAT YOU WAS GOING TO PUT IT, YOU DIDN'T PUT IT THERE, RIGHT? NO, I THOUGHT I DID.
UM, I, I MEAN, BECAUSE IF YOU LOOK AT THE PERMIT, THEY, THEY GIVE YOU THREE OPTIONS, SQUARE, SQUARE, SQUARE, AND THERE'S, THERE'S A, THERE'S A PARALLEL LINE THAT SAYS, OKAY, HOW PARALLEL LINE TWO SIDE YARDS.
I'M NOT ON A CORNER ON EITHER SIDE, BUT I DON'T HAVE A SQUARE YARD.
SO WHAT I DID IS, LIKE I SAID, I WENT FROM THE CORNER OF THE HOUSE AND I WENT STRAIGHT ACROSS PARALLEL TO THE STREET.
LIKE IF IT WAS A SQUARE YARD, PARALLEL TO THE STREET.
AND I WENT TO THE SIDE PROPERTY LINE AND SAID, OKAY, BACK HERE IS MY BACKYARD.
IF I MAY, IF I MAY GO BACK TO WHAT HE WAS SAYING ABOUT THE FINAL INSPECTION, I DID NOT KNOW I WAS SUPPOSED TO CALL FOR A FINAL INSPECTION.
UH, I, I, I, IT WASN'T, I DIDN'T SEE A DOCUMENTED ANYWHERE.
UM, IT MAY HAVE BEEN, I MAY HAVE MISSED IT.
UH, BUT I, SO I DIDN'T KNOW, UH, UH, YOU'LL NOTICE THERE'S A YELLOW BOX AND THE MOTHER SAYS, PLEASE CALL FOR PLACEMENT AND FINAL INSPECTIONS.
OH, UM, I COMPLETELY MISSED THAT.
WHAT HAPPENS TO FOLKS MISSING FREQUENT? I COMPLETELY MISSED IT.
GO AHEAD, MR. SECRETARY, CAN YOU GO AHEAD AND PULL UP THE STRUCTURE PERMIT APPLICATION? I THINK WHERE THE DISCREPANCY IS, IS, YOU KNOW, EVEN THOSE, THOSE THREE BLOCKS ARE SQUARE.
YOU KNOW, UM, WE HAVE DIAMOND SHAPE LAWS.
WE HAVE ANGLE SHAPED LAWS AND EVERYTHING LIKE THAT.
JUST THE DOTTED LINES OFF THE HOUSE AND ALL THAT SHOW WHERE THE SIDE YARD IS, EVEN THOUGH YOUR HOUSE IS COCKED, THAT MEANS YOUR PILLOW.
WELL, MARK STILL WILL BE PARALLEL FROM THE HOUSE.
I THINK THAT'S WHERE THE BIGGEST DISCREPANCY IS, IS THE APPLICATION.
EVEN THOUGH YOU'RE MISUNDERSTANDING, THOUGHT THE SIDE YARD COME AT AN ANGLE JUST ON THE PERMIT COMES AT THAT PARALLEL MARK ACROSS THE WHOLE BACK OF THE HOUSE.
SO IF YOU GO ACROSS THE WHOLE BACK
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OF YOUR HOUSE, THAT IS THE BACKYARD.AND THAT'S WHAT WE'RE SEEING ON THE APPLICATION HERE.
UH, NO, I, I UNDERSTAND NOW, BUT YOU KNOW, I, I DIDN'T, I DIDN'T UNDER, I, I MISUNDER, I, I GUESS I MISINTERPRETED WHAT I WAS LOOKING AT.
UH, AND I COMPLETELY MISSED THE CALL FOR, TO CALL FOR A FINAL INSPECTION.
I ALSO, WITH THAT FINAL AND IT ALSO, IT STAYS HERE AS WELL, INSPECTION BEFORE POINT CONCRETE.
UM, LET ME CLARIFY THAT IF I'M, IF I MAY, UM, THAT SECTION OF THAT STATEMENT DOES NOT APPLY TO ON-PREMISE CONCRETE, MEANING CONCRETE, NOT IN THE RIGHT OF WAY, BECAUSE WE DID NOT ISSUE PERMITS NOR WHEREBY CRIME INSPECTIONS FOR THAT.
THIS IS A GENERALIZED, UH, SITUATION WHERE IF SOMEONE IS FOR INSTANCE DOING, IN ADDITION, EXTENDING A DRIVEWAY WHERE THEY'RE GETTING INTO THE RIGHT OF WAY, WHERE CONCRETE IS PART OF THAT ENTIRE SCOPE OF WORK, THEN TO GET AN INSPECTION FOR CONCRETE, BUT ON-PREMISE CONCRETE.
THERE'S NO MISTAKE ON HIS PART OR MISUNDERSTANDING THERE.
DID YOU FINISH YOUR QUESTION, SIR? YEAH, THAT'S ALL I HAD.
ANY CONCERNS OR QUESTION? ANY MORE QUESTIONS FOR THE APPLICANT? NO MORE QUESTIONS.
I'M GONNA ASK FOR A MOTION TO APPROVE.
WE HAVE TO APPROVE, AND EVEN THOUGH WE APPROVE IT, WE STILL CAN VOTE.
NO, THE MOTION HAS TO BE MADE WHILE MAKE THE MOTION HAS TO BE AT THE MOTION.
I'LL MAKE A MOTION TO APPROVE.
CAN I GET, UH, EXCUSE ME, I ASK FOR A SECOND, SECOND, DISCUSS THIS.
DID YOU KNOW? I'M JUST MAKING SURE.
GREG, WILL YOU READ THE BARRIERS PLEASE? I DO NOT HAVE TO BRING YOUR STUFF IN YOUR NOTEBOOK.
VARIANT STANDARDS, WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE.
WHETHER THE VARIANCE IS SUBSTANTIAL.
WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER A JOINT PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIOUS.
WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES, SUCH AS WATER, SANITARY, SEWER, OR A GARBAGE REMOVAL.
WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITHIN KNOWLEDGE OF THE ZONING RESTRICTION.
WHETHER THE PROPERTY'S OWNER PREDICAMENT FEASIBLY COULD BE OBVIATED THROUGH SOME METHOD OTHER THAN A VARIANCE.
WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.
UM, MADAM SECRETARY, WILL YOU PLEASE CALL THE ROLL? DO WE NEED TO HAVE A DISCUSSION? ALL RIGHT.
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TO KNOW HOW TO GO AND VOTE.SO THE MOTION WAS MADE AND SECONDED AND WE WERE GOING TO VOTE.
NO, MR. STEWART, NO REQUEST FOR YOUR VARIOUS HAS FAILED FIVE TO ZERO AND YOU WILL HAVE TO RELOCATE YOUR SHIT.
IF THAT WAS WHAT ACTUALLY HAPPENED, BUT IN ACCORDANCE WITH THE RULES AND REGULATIONS, UM, IT'S GOING TO HAVE TO BE MOVED TO A SUFFICIENT SPACE, BUT DEFINITELY NOT ON THE SIDE YARD.
WE'LL MOVE ON ANY ADDITIONAL BUSINESS.
THERE'S NOTHING WE CAN MOVE ON TO APPROVAL OF MINUTES.
THE MINUTES FROM THE AUGUST 4TH, 2021 BZA MEETING ARE APPROVED.
AND IF THERE'S NOTHING ELSE I WOULD LIKE TO ADJOURN THIS MEETING.
IS THERE ANYTHING ELSE WE NEED TO TALK ABOUT IN THE DISCUSSIONS OR ANYTHING? THE MEETING IS ADJOURNED.