[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road May 4, 2022 6:30 P.M.]
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I SHOULD CALL THE MEETING OF THE CITY OF HERO HEIGHTS, ZONING APPEALS TO ORDER MADAM SECRETARY, WHERE YOU CALL THE ROLL PLACE.
ALL RIGHT, MR. DAVIDSON, MR. DEAN, MR. MOCK, MS. NEWBIE, MR. STEWART, MR. STEWART, AND I'LL BE WITNESS, RIGHT? OKAY.
WE ARE GOING TO FOLLOW AGENDA AS WRITTEN FOR TONIGHT ON THE FIRST ITEM ON THE AGENDA IS APPROVAL OF THE MINUTES.
WE ONLY HAVE ONE SET OF MINUTES FROM APRIL 6TH, 2022 MEETING.
IF THERE ARE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THESE MINUTES, PLEASE SPEAK.
NOW, YOU ALL GOT TO MEET MINUTES ONLY ON THE EMAIL, SEEING NO COMMENTS OR CORRECTION.
THESE MINUTES WILL STAND AS APPROVED.
MAY I HAVE A MOTION TO APPROVE THE AGENDA? MAKE A MOTION AND PRIVILEGE.
AND THEN FOR TONIGHT, COULD I GET A SECOND? I'LL SECOND.
IT'S BEEN MOVED BY MR. DAVIDSON AND SECOND BY MR. MARSH THAT THE MINUTES THAT THE AGENDA FOR THIS EVENING TO BE APPROVED, WAS THERE A QUESTION ON THE EMOTION WITHOUT QUESTION, WITHOUT AN OBJECTION TO AGENDA FOR TONIGHT, MEETING IS APPROVE IN ACCORDANCE WITH THE RULES OF THE BOARD OF THE ZONING OF PEERS, ANYONE WHO WISHES TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA TONIGHT, THIS EVENING NEEDS TO BE SWORN IN.
AND I WOULD ASK EVERYONE TO HAVE TO STAND.
THAT'S GOING WITH THAT WISHES TO SPEAK TONIGHT, RAISE THEIR RIGHT HAND AND RESPOND.
SO COULD YOU PLEASE STAND, SIR? YOU DON'T HAVE TO STAND.
YOU CAN JUST BE SEATED WHERE YOU AT JUST RAISE YOUR RIGHT HAND.
DO YOU HEAR BY SWEAR, AFFIRM ON THE THREAD, APPROACHED YOU TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD.
WHEN YOUR CASE COME UP, ANYONE THAT MAY WISHES TO SPEAK TONIGHT AFTER THE CASE REVIEW WAS READ BY THE CITY OF, UM, STAFF REPORT, PLEASE STEP TO THE PODIUM, STATE YOUR NAME, STATE, AND SPELL YOUR NAME FOR THE RECORD AND PLACED YOUR, WRITE YOUR NAME, PRINT YOUR NAME ON THE SHEET OF PAPER.
WE DON'T HAVE ANY OLD BUSINESS.
SO WE'LL GO AHEAD AND GET RIGHT TO THE NEW BUSINESS.
AND THE FIRST NEW BUSINESS CASE IS Z BZA CASE 2005.
THE APPLICANT RAYMOND DEWITT IS REQUESTING A VARIANCE FROM SECTION 11 91 0 1 AND 11 91 0 2, 2.
THE LOCATION ASSESSED FOR REBUILDING THAT ENCLOSED IN THE SECONDARY FRONT YARD.
IT IS 84, 88 QUICK BED ROW, UM, COURT, MR. MILO.
UM, THIS VARIANCE IS REQUIRED DUE TO SECTIONS 11 91 0 1 AND 11 23 66 OF THE HUBER HEIGHTS CODE.
THE PROPERTY OWNERS REQUESTING A VARIANCE OF THE CITY OF HUBER HEIGHTS, ZONING CODE PERTAINING TO THE PLACEMENT OF AN ACCESSORY.
BUILDING THE OWNER IS REPLACING THE EXISTING STORAGE BUILDING WITH A NEW AND LARGER BUILDING AND THE PRO'S LOCATION ENCROACHES INTO THE SECONDARY FRONT YARD.
TYPICALLY A REAR YARD EXTENDS FROM THE REAR HOUSE FOUNDATION TO THE REAR PROPERTY LINE ACROSS THE WIDTH OF THE PROPERTY.
SINCE THIS PROPERTY IS A CORNER LOT IS CONSIDERED TO HAVE TWO FRONTS, SECTION 1123 POINT 66 OF THE CODE DEFINITION STATES LOT CORNER MEANS A LOT FRONTING ON AT, AT THE INTERSECTIONS OF TWO OR MORE STREETS.
THIS SUBSTANTIALLY REDUCES THE DEFINED REAR YARD SECTION 11 91 0 1 OF THE ZONING CODE STATES IN ANY R B A P THROUGH P D R I DISTRICT AND ACCESSORY BUILDING NOT EXCEEDING ONE-ON-ONE HALF STORIES OR 14 FEET IN HEIGHT MAY BE PERMITTED IN ANYWHERE YARD, NOT WITHIN FIVE FEET OF THE SIDE AND REAR LOT LINES IN YOUR PACKAGE.
YOU WILL FIND AN AERIAL VIEW OF THE PROPERTY AND AN ILLUSTRATION OF THE EXISTING AND PROPOSED ACCESSORY BUILDING.
IF PLACEMENT OF AN ACCESSORY STRUCTURE IS TO EXCEED THE LIMITS OF THE REAR YARD.
THE APPLICANT THEREFORE REQUIRES A VARIANCE FOR THE BUILDING TO BE INSTALLED IN THE PROPOSED LOCATION STAFF ANALYSIS OF THE PROPERTY OF THE LAW'S APPROXIMATELY 0.2, FIVE ACRES.
THERE ARE NO CITY EASEMENTS EFFECTED.
THE STRUCTURE IS AN ACCESSORY.
PLACEMENT IS PROPOSED WHERE YOU ARE WITH A MINOR FRONT
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ENCROACHMENT.THE CITY ENGINEERING DEPARTMENT HAS NO ISSUES REGARDING THIS VARIANCE.
IF YOU HAVE ANY QUESTIONS, I'LL TRY TO ANSWER THEM.
SO DO IT, THE BOY HAVING ANY QUESTIONS FOR THE STAFF, NO QUESTIONS.
UM, IS THERE ANYONE IN THE ARTISTS THAT WISH TO SPEAK ON THIS CASE IS COME UP TO THE PODIUM, SIR, AND STAYED STATE AND SPELL YOUR NAME AND WRITE IT DOWN FOR MY NAME IS RAYMOND DE WITT, R A Y N D D E W I T T.
UM, WE'VE GOT A 10 BY 10 SHED IN THE YARD.
NOW WE ACTUALLY NEED SOMETHING.
THAT'S QUITE A BIT LARGER FOR ALL THE BELONGINGS THAT WE HAVE.
UM, THE SIDE YARD OR BACKYARD IS ACTUALLY KIND OF SMALL CONCURRED TO THE SIDE.
SO IF WE PUT THE SHED LIKE DIRECTLY WITHIN THE BOUNDARIES OF THE HOUSE, IT, IT KIND OF BLOCKS YOU IN.
SO AROUNDS FOR A RASH AND ACTUALLY BRING IT OFF TO THE LEFT TOWARDS SHELL ROAD, MORE, WHICH, UM, IN THE PACKET, THERE WAS ALSO A DESCRIPTION THAT SHED THAT WE'RE WANTING TO PUT, WE'RE GOING TO WORK SUCH REBUILDING, BUILDING THAT WE'RE GOING TO HAVE BUILT.
DO ANY MEMBERS HAVE ANY QUESTIONS FOR THE HOMEOWNER? MADAM CHAIR? I DID SAY YOU'RE GOING TO GO TOWARDS SHAW BORE.
IT LOOKS LIKE YOUR DIAGRAM SHOWED A LITTLE BIT MORE ONE CHARLOTTE.
AND UM, YOU SEE WHERE THE SHED IS NOW, IF YOU SEE THE LITTLE SMALL BLIP NEXT TO THE BACK TO THE SHED, THAT'S WHERE THE FIREWOOD IS.
SO SECTION AND GO BACK TOWARDS THAT DIRECTION THERE, PORT SHAWL.
SO WE'RE STILL WITHIN THERE'S.
UM, I THINK THE SEWER LINES ARE 15 FEET FROM THE SIDEWALK INTO THE PROPERTY AND WE'RE GOING TO BE WELL WITHIN THAT DISTANCE FOR THAT.
SO WE'VE ALREADY, I'VE ALREADY HAD LOCATES ON EVERYTHING ELSE AS FAR AS WHAT UTILITIES ARE NEARBY.
SO IT WON'T BE NEAR ANY EASEMENTS OR ANYTHING LIKE THAT.
THAT'S ALL I HADN'T MET HIM AND SURE.
THERE'S MORE THAN NO MORE QUESTIONS.
FOR THE RECORD WE NEED, I NEED TO REDO THE, THE BZA CASE IS 2205.
WHAT I'M GOING TO DO NOW IS WITH THE BERETS AND YOUTUBE BARRACKS, I NEED YOUR MEMBERS.
NAY ON THE VARIANTS FIRST VARIANCE.
WHETHER THE PROPERTY IN QUESTION, WILL YOU AT REASONABLE WITH TURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIOUS, ALL THOSE, ALL THOSE IN AGREEMENT SAY, YAY.
ALL THOSE OPPOSE HAVE THE SAME.
AND NO MADAM SECRETARY WHEN YOU, YES.
SO ALL THOSE IN AGREEMENT SAY YES.
SO NOW WE'RE GOING TO CALL THE ROLL ON IT.
WELL THE VARIOUS SUBSTANTIATE STATUE.
ALL THOSE IN AGREEMENT YET? ALL THOSE OPPOSED AT THE SAY, RIGHT? NO.
WHEN YOU FIRST READ THIS, YOU GOT TO GIVE THEM A MINUTE TO ANSWER.
SO NOW WE'LL DO, WE'LL GO TO THE ONE.
I'LL GO BACK TO ALL THOSE IN FAVOR.
SO NOW I'M GOING TO CALL THE ROLES.
HE CAN INDIVIDUALLY SAY MR. DAVIDSON.
WELL THE ESSENTIAL CHARACTERISTIC OF THE NEIGHBORHOOD.
WELL THE CENTRAL CHARACTER IS TO GO TO THE NEIGHBORHOOD.
IT WOULD BE SUBSTANTIALLY ALTER WHETHER A JOURNEY PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VIRUS.
WELL THE VIRUS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENT SERVICES SUCH AS WATER, SEWER, SANITARY, SEWAGE, GARBAGE REMOVAL.
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AGREEMENTS SAY YES.OH, WELL THE PROPERTY ONLY PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF A ZONING RESTRICTION.
WHEREBY WHAT? WHERE? OH, I HAD A ZONE.
WHERE THE POP, THE ON THE PREDICAMENT FEASIBLY CAN BE ARBITRATED THROUGH SUCH SOME METHOD OTHER THAN A VARIANCE.
ALL THOSE AGREEMENTS SAY, YAY.
OH, THOSE ARE POLES, SO, OKAY.
WELL THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENTS WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GREG.
AND THIS VERMONT'S VARIANCE ALL THOSE IN AGREEMENT.
SO COULD THEY TAKE THE ROAD, MR. DEAN? YES.
CAN I DO A CORRECTION ON B? WHICH I WOULD SAY NO, I THINK I GOT DOWN FOR A YES.
SINCE WE HAVE ALREADY DONE SO CHAIR, CAN I HAVE A MUSLIM ONE TO MAKE A MOTION TO APPROVE THE VARIANCE? I MOVED TO MAKE A MOTION TO APPROVE THE VARIANCE.
IT'S BEEN MOVED BY MR. DAVIDSON.
THE SECOND BY MR. D THAT THE VARIANCE WILL BE APPROVED.
ARE THERE ANY QUESTIONS ON THE MOTION BEING NON MATTA PRESIDENT CALLED OR, I MEAN THE SECRETARY WHEN YOU CALL THE ROLL PLEASE.
SO WHAT YOU NEED TO DO, SIR, IS IT WOULD THE CITY TO SEE IF THERE'S ANYTHING ELSE, ADDITIONAL THAT YOU MIGHT BE REQUIRED TO DO? YES.
I GOTTA GET MY STUFF TOGETHER.
THE NEXT CASE IS BZ A CASE 2206.
THE APPLICANT JOHN CARMEN IS REQUESTING A VARIANCE FROM S FROM SECTION 11 91 0 1 AND 11 91 0 2 TO LOCATE ASSESS REBUILDING.
THE PROPERTY IS LOCATED AT 67, 29 WOOLARD COURT WILL MIRROR CORRECTION, MR. MILO.
SO FOR THE BENEFIT OF EVERYBODY HERE, I'M NOT READING THE SAME STAFF REPORT THREE TIMES IN A ROW.
THREE PEOPLE ARE GETTING THE EXACT SAME VARIANCE HERE.
PRETTY MUCH, BUT JUST SO IT'S A LITTLE REPETITIVE.
UM, PROPERTY IS A RESIDENTIAL USE.
AS ALL ADJACENT PROPERTIES ARE.
UH, THE PROPERTY OWNER IS REQUESTING A VARIANCE OF THE CITY OF EYEBRIGHT ZONING CODE PERTAINING TO THE PLACEMENT OF AN ACCESSORY.
BUILDING THE OWNER WISHES TO BUILD AN ACCESSORY BUILDING.
HOWEVER, THE PROPOSED LOCATION ENCROACHES INTO THE SECONDARY FRONT YARD BY WAY OF EXPLANATION.
TYPICALLY A REAR YARD EXTENDS FROM THE REAR HOUSE FOUNDATION TO THE REAR PROPERTY LINE ACROSS THE WIDTH OF THE PROPERTY.
SINCE THIS PROPERTY IS A CORNER LOT IS CONSIDERED TO HAVE TWO FRONT YARDS, SECTION 11, 23 0.6, SIX OF THE CODE DEFINES DEFINITIONS, PARDON ME, STATES, LOT COMMA CORNER.
IT MEANS A LOT FRONTING ON AND AT THE INTERSECTIONS OF TWO OR MORE STREETS, THIS SUBSTANTIALLY REDUCES THE DEFINED REAR YARD SECTION 11 91 0 1 OF THE SUNY CODE STATES IN ANY R B A P THROUGH PD OR I DISTRICT AND ACCESSORY BUILDING NOT EXCEEDING ONE-ON-ONE HALF STORIES OR 14 FEET IN HEIGHT MAY BE PERMITTED IN A
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REAR YARD, NOT WITHIN FIVE FEET OF THE SIDE AND REAR LOT LINES IN YOUR PACKAGE.YOU WILL FIND AN ARROW VIEW OF A PROPERTY AND AN ILLUSTRATION OF THE PROPOSED ACCESSORY BUILDING.
IF PLACEMENT OF AN ACCESSORY BUILDING IS TO EXCEED THE LIMITS OF THE REAR YARD.
THE APPLICANT THEREFORE REQUIRES A VARIANCE FOR THE BUILDING TO BE INSTALLED IN THE PROPOSED LOCATION STAFF ANALYSIS, AS, AS FOLLOWS, THE SLOT IS APPROXIMATELY 0.4 ACRES.
THERE ARE NO CITY EASEMENTS EFFECTED.
THE STRUCTURE WILL BE AN ACCESSORY BUILDING PLACEMENT AS PROPOSED REAR YARD WITH A MINOR FRONT ENCROACHMENT.
THE ENGINEERING DEPARTMENT HAS NO ISSUE REGARDING THIS VARIANCE.
IF YOU HAVE ANY QUESTIONS, I'LL ATTEMPT TO ANSWER THEM.
AND REMEMBER HAD A QUESTION FOR THAT.
ANYONE WISHING TO SPEAK ON THIS CASE, COME UP TO THE PORT, SPELL YOUR NAME AND PRINT YOUR NAME, SHEET OF PAPER.
UM, THIS IS VERY MUCH LIKE THE PREVIOUS CASE.
THIS IS PURELY FOR THE RECORD.
SO BECAUSE WE ARE RECORDING, STATE YOUR NAME AND SPELL IT.
UM, MY NAME IS JOHN HERMAN, J O H N H E R M A N.
AND THIS IS AN AESTHETIC TYPE THING.
IF YOU CAN SEE THERE'S TWO VERY LARGE TREES NEAR THE BACK FENCE.
AND WHAT WE WOULD LIKE TO DO IS PUT THE SHED PARALLEL TO THE FENCE AND CENTERED BETWEEN THOSE TWO TREES.
UM, WE THINK FOR THE PEOPLE THAT DRIVE THAT YOU SEE BEHIND THE SHED, THOSE PEOPLE WOULD HAVE A MUCH BETTER, UM, VIEW OF THE SHED BEING PARALLEL TO THE FENCE.
IT JUST, THERE'S GOING TO BE A NICE WINDOW ACROSS THE BACK OF THE SHED.
AND IF THAT WAS CAUGHT, IT MIGHT LOOK KIND OF FUNNY TO THEM.
SO, SO IT'S, THIS IS FOR THEM AND FOR US AS WELL.
AND THE AMOUNT OF ENCROACHMENT IS LIKE FOUR, FIVE FEET, SOMETHING LIKE THAT.
WE DIDN'T WANT TO ASK ANY QUESTIONS FOR MR. HARMON.
THE SHED IS THE YELLOW BOX ON THERE, CORRECT? OTHERWISE IT'S A POOL OR SOMETHING.
THAT THE POOLS IN PLACE RIGHT NOW, ACTUALLY AS OF TODAY.
JUST WANTED TO CONFIRM THAT I WAS LOOKING AT IT CORRECTLY.
SO IT'S THE CORNER THEN? THAT IS THE PIECE WE'RE TALKING ABOUT.
THE DEFINITION OF THE SIDE YARD.
I MEAN, IF DEFINITION FOLLOW THE SHAPE OR THE CURVE OF THE STREET, IT WOULD BE NO ISSUE WHATSOEVER, BUT IT DOESN'T, IT'S A STRAIGHT LINE AND IT CUTS THE BACKYARD IN HALF ALMOST.
I HAVE NO FURTHER QUESTIONS SINCE THERE'S NO MORE QUESTIONS.
I'M GONNA GO CLOSE THIS CASE AND READ THESE VARIANTS.
GET MYSELF BACK TOGETHER HERE.
WHERE THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE'LL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANTS.
MADAM SECRETARY, COULD YOU CALL IT MR. DEAN? YES.
WHETHER A CENTRAL CHARACTERS OF THE NEIGHBOR WHO WILL BE SUBSTANTIATE ALL TO THINK, OH, I'M MISSING NOTHING.
B WHETHER THE S THE VERUS A SUBSTANTIAL, OH, THOSE ARE AGREEMENT.
ALL THOSE OPPOSED HAVE THE SAME.
ALL THOSE AGREE WITH GAY? YES.
LET ME SEE WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WILL BE OKAY.
WHERE THE CENTRAL CHARACTER OF THE NEIGHBORHOOD,
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WHEN WE SUBSTANTIALLY ALTERED OR WEATHER JOURNEY PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.ALL THOSE IN AGREEMENT SAY, YAY.
WHAT DO YOU MATTER, PRESIDENT? MADAM SECRETARY, WILL YOU TAKE THE ROW, MR. MOK? NO.
WHERE THE VERUS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENT AND SERVICE SUCH AS WATER, SANITARY, SEWAGE, OR GARBAGE REMOVAL.
ALL THOSE IN AGREEMENT SAY, YAY.
WELL, THE PROMPTER ONLY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION.
ALL THOSE AGREEMENTS SAY, YAY.
MADAM SECRETARY, TAKE THE ROLL PLEASE.
WELL, THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE EV RELATED THROUGH SOME OTHER METHOD OTHER THAN A VETERANS.
ALL THOSE IN AGREEMENTS SAY, YAY.
WELL, THE SPIRIT AND THE TIP BEHIND THE ZONING REQUIREMENTS WOULD BE OBSERVED OR IN SUBSTANTIAL JUSTICE DONE BY GRETTON THE VERDICTS.
ALL THOSE IN AGREEMENTS SAY, YAY.
MADAM SECRETARY, WILL YOU TAKE THE ROAD, MR. DEAN? YES.
MAY I HAVE A MOTION TO APPROVE THE VARIANTS? I MAKE A MOTION THAT WE APPROVE THE VARIANCE FOR CASE NUMBER 2206.
IT'S BEEN MOVED BY MR. D BEING AND SECOND BY MR. MARSH TO APPROVE THE VARIX.
MS. NEWBIE, YOU WOULD NEED TO GET WITH THE CITY STAFFER AND SEE IF THERE'S ANY OTHER REQUIREMENTS THAT YOU MIGHT BE REQUIRED TO DO.
WE GOT TO MAKE SURE THAT I'M EDUCATED US.
GET THERE AND DO THE WHOLE OFF.
MAKE SURE THAT YOU HAVE SIGNED IN AT THE FOLIUM.
MAKE SURE THAT YOU HAVE SIGNED IN.
EDUCATION, TERRIBLE MIND IS A TERRIBLE THING TO WASTE HERE WITH GEAR.
WE'RE GOING TO HAVE TO LET YOU GO.
YOU CAN ALSO GO SINCE YOUR CASE IS DONE, YOU COULD STAY OBSERVED.
CAUSE YOU MIGHT BE WANTING TO BE ON THIS ONE DAY.
ONE OF THEM VOLUNTEER ONE DAY DOWN THE ROAD.
THE APPLICANT, THE WHITE WHITE HEAD IS REQUESTING A VARIANCE OF FROM SECTION 11 91 0 1 AND NOT A 9 29, 21 0 1 LOCATION OF ASSESS REBUILDING THAT ROPES IN A SECONDARY FRONT YARD.
THE PROPERTY IS LOCATED AT 7,500 DOWN THE MODELS.
SO THE, THIS PROPERTY IS ZONED R TWO, WHICH IS A RESIDENTIAL ZONING.
THE ADJACENT PROPERTIES ARE ZONED ARE THROUGH WITH THE EXCEPTION OF THE PROPERTY TO THE SOUTH WAS AS AGRICULTURAL.
THE APPLICANT IS REQUESTING A VARIANCE OF THE CITY OF HUBER HEIGHTS, ZONING CODE.
YOU MAY HAVE HEARD THIS BEFORE THE SEASONING.
I APOLOGIZE PERTAINING TO THE PLACEMENT OF AN ACCESSORY.
BUILDING THE OWNER WISHES TO BUILD AN ACCESSORY BUILDING.
HOWEVER, THE PROPOSED LOCATION ENCROACHES INTO THE SECONDARY FRONT YARD BY WAY OF EXPLANATION.
TYPICALLY A REAR YARD EXTENDS FROM THE WAREHOUSE FOUNDATION TO THE REAR PROPERTY LINE ACROSS THE WIDTH OF THE PROPERTY.
SINCE THIS PROPERTY IS A CORNER LOT IS CONSIDERED TO HAVE TWO FRONT YARDS, SECTION 11, 23 POINT 66 OF THE CODE DEFINES DEFINITIONS STATES, LOT COMMA CORNER.
IT MEANS A LOT FRONTING ON AND AT THE INTERSECTIONS OF TWO OR MORE STREETS, THIS SUBSTANTIALLY REDUCES THE DEFINED REAR YARD SECTION 1190 1.01 OF THE ZONING CODE STATES IN ANY R B A P THROUGH P D OR A DISTRICT, AN ACCESSORY BUILDING, NOT EXCEEDING ONE IN ONE HALF STORIES OR
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14 FEET IN HEIGHT MAY BE PERMITTED IN ANY REAR YARD, NOT WITHIN THE FIVE FEET OF THE SIDE AND REAR LOT LINES IN YOUR PACKAGE.YOU WILL FIND AN AERIAL VIEW OF THE PROPERTY AND AN ILLUSTRATION OF THE PROPOSED ACCESSORY BUILDING.
IF PLACEMENT OF AN ACCESSORY BUILDING IS TO EXCEED THE LIMITS OF THE REAR YARD.
THE APPLICANT THEREFORE REQUIRES A VARIANCE FOR THE BUILDING TO BE INSTALLED IN THE PROPOSED LOCATION.
THE LOT IS APPROXIMATELY 1.5 ACRES.
THERE ARE NO CITY EASEMENTS EFFECTED.
THE STRUCTURE IS AN ACCESSORY.
PLACEMENT IS PROPOSED TO BE IN THE REAR YARD WITH A MINOR FRONT ENCROACHMENT.
THIS CITY ENGINEERING DEPARTMENT HAS NO ISSUES REGARDING THIS VARIANCE.
IF YOU HAVE ANY QUESTIONS, ALL ATTEMPT TO ANSWER THEM.
ANYONE ON THE BOARD HAVE ANY QUESTIONS FOR MR. MOUNTAIN? I HAVE ONE QUESTION.
IF THE ANGLE THAT HOUSE WAS COMING STRAIGHT DOWN, WOULD THAT STILL BE CONSIDERED A SIDE YARD? YOU CAN MOVE THAT SHIT WITH A LITTLE BIT OVER TO THE, IF YOU LOOK AT THAT PICTURE OF, WE RAN IN MY OPINION.
SO YOU'RE SAYING IF WE RAN A LINE PARALLEL TO THE SOUTH FOUNDATION, I BELIEVE WE WOULD STILL HAVE SOME ENCROACHED.
IT NOT AS MUCH PROBABLY, BUT I BELIEVE THERE'S A FENCE ISN'T THERE.
SO I THINK PROBABLY THE OUTLINE ALSO ILLUSTRATES WHERE THE FENCE IS LOCATED.
SO, UM, YOU KNOW, FOR A PHYSICAL DEFINITION, BUT THERE WOULD STILL BE ENCOURAGEMENT.
SORRY, IF YOU COULD, UM, STATE YOUR NAME MONDAY WHITE WHITEHEAD.
YOU HAVE ANYTHING YOU WANT TO SAY TO THE, THIS? UM, NO.
I SAID IT SAYS I CAN BUILD A NICE SHED.
AND DO YOU HAVE ANY QUESTIONS FOR THE HOMEOWNER PROPERTY OWNER? I HAVE A QUESTION.
IS THAT THE ONLY PLACE ON YOUR PROPERTY WHERE THE SHED WOULD WORK FROM WHAT I WOULD CONSIDER MYSELF SAYING IT WOULD WORK? YES, BECAUSE I DON'T WANT IT FARTHER BACK INTO THE YARD BECAUSE IN THE FUTURE I WOULD LIKE TO BUILD A BIGGER GARAGE.
YOU'RE NOT GOING TO USE THAT SHED FOR LIKE ANOTHER DRIVEWAY OR ANYTHING LIKE THAT, GOING INSIDE YOUR HOUSE OR ANYTHING AND JUST FOR LAWNMOWER STORAGE LAWN EQUIPMENT.
IF THERE'S NO OTHER QUESTIONS, I'M GOING TO CLOSE THE CASE THREE, THE VARIANCES.
WHAT ARE THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE, THERE CAN BE ANY BENEFITS YOU USE AS A PROPERTY WITHOUT THE VIRUS.
ALL THOSE IN AGREEMENT SAY YAY.
COULD YOU TAKE THE ROW MR. D? YES.
WHEN THE VIRUS IS SUBSTANTIAL, ALL THOSE AGREEMENTS SAY, YAY, ALL THOSE OPPOSED? SAY, HEY, MADAM SECRETARY, TAKE THE ROLL PLEASE.
WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER JOURNEY PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VERUS.
ALL THOSE IN AGREEMENTS SAY, YAY, ARE THOSE OPPOSED? SAY YAY BY A SECRETARY.
WILL YOU TAKE THE ROLL PLEASE? MR. MOCK? NOPE.
UH, WHERE THE VARIOUS WOULD AVERSELY AFFECTED THE DELIVERY OF GOVERNMENTAL SERVICES, SUCH AS WATER, SANITARY, SEWAGE, UH, GARBAGE REMOVAL.
ALL THOSE IN AGREEMENT SAY, YAY.
WHERE THE PROPERTY OWNER OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS.
ALL THOSE IN AGREEMENT SAY, YAY.
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ALL THOSE OPPOSED? SAY YAY.WELL, THE PROPERTY OWNER OWNER'S PREDICAMENT, FEASIBLY CAN BE OPERATE ARBITRATED THROUGH SOME OTHER, OTHER, SOME METHOD OTHER THAN A VIRUS.
ALL THOSE IN AGREEMENT SAY YAY.
WHAT ARE THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.
ALL THOSE AGREEMENTS SAY, YAY.
MATTER OF SECTOR WOULD TAKE THE MR. DAVIDSON.
MAY I HAVE A MOTION TO APPROVE THE VARIANTS? I MOVED TO APPROVE THE VARIANCE.
MAY I HAVE A SECOND? A SECOND.
IT'S BEEN MOVED BY MR. MARSH MOCK AND SECOND BY MR. DAVIDSON THAT THE, UH, THE VARIOUS TO BE APPROVED.
MAY I HAVE A VOTE, MR. DAVIDSON? YES.
PASSPORT IS IT'S FOUR TO ZERO, THE VARIOUS APP CHECK WITH THE CITY TO SEE IF THERE'S ANY ADDITIONAL INFORMATION AND STUFF YOU MIGHT HAVE TO DO.
MORE? YEAH, THAT THOUGHT WAS I'D LOST A YEAR IN THE LAST TWO YEARS WHEN I SAID 20 TO 20.
THE FINAL CASE IS BZA CASE 2208.
THE APPLICANT JOHN PAYNE IS REQUESTING A VARIANCE FOR SECTION 1120 3.205 CARPORT CARPORT PROMINENTLY OPENED ON AT LEAST TWO SIDES.
THE PROPERTIES LOCATED 73 0 1 STONE HEARSE, DRY MOUTH.
UH, THIS IS A RESIDENTIAL PROPERTY AS ALL THE ADJACENT PROPERTIES ARE THE PROPERTY OWNERS REQUESTING A VARIOUS OF THE CITY OF HUBRIS ZONING CODE TO ALLOW A NEWLY CONSTRUCTED CARPORT TO REMAIN IN, CLOSED ON ALL SIDES.
ALL OTHER PROPERTY OWNER APPLIED FOR OUR CARPORT UPON INSPECTION BY THE ZONING OFFICER, THE CAR FOUR PORT WAS FOUND TO BE ENCLOSED ON ALL SIDES, WHICH IS NOT MEET THE DEFINITION OF A CAR PORT SECTION 1120 3.25 OF THE ZONING CODE STATES.
CARPORT MEANS A ROOF SHELTER FOR AN AUTOMOBILE OR SIMILAR MOTOR VEHICLE, WHICH IS PERMANENTLY OPEN ON THE LEAST TWO SIDES.
THE SHELTER MUST BE LOCATED IN THE SIDE OR REAR YARD AND MUST COVER AN IMPERVIOUS PARKING SERVICE.
THE SHELTER SHALL BE ATTACHED TO THE DWELLING OR ACCESSORY STRUCTURE AND SHALL NOT PROJECT BEYOND THE FRONT BUILDING LINE OF THE DWELLING.
THE MATERIAL USED FOR THE EXTERIOR PLANNING SHALL BE HEAVY, PERMANENT TYPE, SUCH AS MASONRY ALUMINUM WOOD OR RIGID VINYL CLOTH TYPE MATERIALS, SUCH AS CANVAS VINYL, CLOTH, OR OTHER NON RIGID MATERIAL MAY NOT BE USED AS EXTERIOR CLADDING.
THE APPLICANT OWNER WISHES TO KEEP THE CAR PORT ENCLOSED ON ALL SIDES.
STAFF REPORTS THAT BEYOND THE ENCLOSURE ISSUE, THE CAR MEETS HEIGHT AND A PROPERTY LINE SETBACK REQUIREMENTS.
THE APPLICANT THEREFORE REQUIRES A VARIANCE FOR THEIR CAR FORT, EXCUSE ME, CAR PORT TO REMAIN ENCLOSED ON ALL OF THE SIDES STAFF ANALYSIS AS THE LOT IS APPROXIMATELY 0.18 ACRES.
THERE ARE NO CITY EASEMENTS EFFECTED.
THE STRUCTURE IS OF COURSE A CAR PORT PLACEMENT IS ON THE WEST SIDE OF THE HOUSE.
THE CITY ENGINEERING DEPARTMENT HAS NO ISSUES REGARDING THIS VARIANCE.
IF YOU HAVE QUESTIONS, I'LL ATTEMPT TO ANSWER THEM.
AND YOU WOULDN'T HAVE ANY QUESTIONS FOR MADAM CHAIR.
UM, MR. MILLER, UH, PARDON I'M JOHN'S WIFE.
AND, UH, HE HAS PROBLEMS HEARING.
YOU PROBABLY DIDN'T HEAR MOST OF WHAT WENT ON HERE TONIGHT.
SO, UH, YOU KNOW, WHEN HE'S SPEAKING WITH YOU OR MAYBE YOU SPEAK A LITTLE LOUDER, YOU'LL BE ABLE TO HEAR YOU PLEASE.
AND SO, YOU KNOW, OUR SITUATION, BUT A LITTLE DIFFERENT THAN THE ONES THAT WERE, UM,
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ACTUALLY LET'S, UM, I DON'T WANT HIM IN HERE UP AND LET'S GET THROUGH AND SEE WHAT THEY HAPPENED TO YOU ALL AFTER THIS.SO LET ME ASK IF ANYONE ON THE MEMBERS HAVE ANY QUESTIONS FOR THE STAFF, THEN WE'LL GET TO THE RESTAURANT.
SO JUST SPEAK UP A LITTLE LOUDER.
UM, I KNOW IT'S GOING TO BE HARD TO ANSWER THIS, BUT DO YOU SEE THIS AS A SAFETY ISSUE WITH THE FIRE DEPARTMENT BEING ENCLOSED IN FOR A FUMES OR ANYTHING AND STILL ATTACHED TO THE HOUSE? UH, TO MY KNOWLEDGE, THIS IS GOING TO BE USED AS A STORAGE FACILITY, NOT FOR PARKING VEHICLES.
IS THAT CORRECT? UM, ACTUALLY IT STARTED OUT.
THAT'S WHAT WE STARTED OUT WITH.
HE HAD A CAR AT THE TIME AND WE BUILT THAT FOR HIS CAR SAM, BECAUSE OF HIS HEALTH.
SO WHAT HAPPENED THEN? UM, YOU KNOW, IT WAS LIKE, WHAT ARE WE GOING TO DO WITH IT? OKAY.
SO THE ANSWER IS NO, THERE WILL NOT BE A CAR PARKED IN THAT SPACE.
SO THERE ARE NO B THERE SHOULD BE NO ISSUE WITH FUMES.
NOT A GAS CAN OR ANYTHING LIKE THAT.
YOU'D HAVE TO ADDRESS THAT TO THE APPLICANT, BUT IN MY OPINION, NO MORE SO THAN AN ENCLOSED GARAGE.
ANYONE ELSE HAS ANY OTHER QUESTIONS FOR, UH, MATT CHAIR, MR. MAILLARD? UH, IF I'M READING THE REPORT CORRECTLY, THIS WAS ALREADY ERECTED AND ENCLOSED.
THE INSPECTOR HAD ISSUED A PERMIT FOR A CAR PORT AND WHEN HE WENT OUT, BECAUSE I BELIEVE THE APPLICATION HAD EXPIRED AND HE HAD NOT BEEN CALLED FOR AN INSPECTION.
THIS IS WHAT HE DISCOVERED UPON A PER A RIVAL.
NOW CAN HE SPEAK HERE OR DOES HE HAVE TO GO OUT THERE? YEAH, HE'S FINE RIGHT THERE.
IF WE CAN HEAR HIM AND JUST MAKE SURE BEFORE Y'ALL IN, Y'ALL GO UP THERE AND SIGN.
YOU'LL BE ABLE TO SPEAK FROM HERE.
COULD YOU GIVE ME YOUR NAME AND THEN YOU'LL HAVE, IS THERE ANYTHING YOU WANT TO, YOU HEARD IT, YOU HEARD WHAT THE STAFF SAID ABOUT THEIR REPORT? IS THERE ANY ADDITION YOU WANT TO ADD OR YOU WANT TO EXPLAIN THE REASON BEHIND THE, UM, IS THERE ANYTHING YOU WANT TO ADD? YOU PROBABLY DIDN'T HEAR WHAT THEY WERE SAYING.
UM, IS THERE ANYTHING YOU WANT TO ADD TO, WELL, W WELL, LET'S START THIS OUT, WORKING WITH THE GRAY AND, UH, WE WERE IN COMPLIANCE WITH THE CAR.
UH, HE DROVE OVER THERE AND LOOKED AT TWO OTHER WIFE, LOOKED AT IT AND EVERYTHING WAS FINE.
I MEAN, HAD LAPTOP NURSING ONE JOKE, RIGHT? UH, AND THEN I'VE GOT A REAL PROBLEM WITH MOROCCO AND FIELDS AND ALL MY FEET.
AND I MEAN, THREE, THREE TIMES FOR THIS, THEY'RE NOT DOING ANYTHING OF THEM TO THE VA.
AND SO THE END RESULT WAS I HAD TO GIVE HIM MY DRIVER'S LICENSE TO THE BERKSHIRE
SO I BOUGHT MY THIRD TERMINAL ZAN AND PUSH BACK SIX TIMES OVER $6,000.
IT CAME TO THE US THAT TURNED INTO STORES.
I HAVE, WE HAVE SEVERAL FEATURES OF DISABILITY.
UH, WE HAVE A WALKER WHEELCHAIR, UH, CHANGE, UH, JAZZY, SCOOTER.
[00:40:01]
SO WE THOUGHT, WELL, LET'S DO THIS.I DID NOT KNOW I WAS NOT IN COMPLIANCE OR WE'D NEVER DONE THIS.
KEEP THEM ALL BEING A PART OF IT.
I HAD CALLED HER AWAY FROM MY HAIR, BUT ANYWAY, WE'RE HERE TRYING TO GET HER TO BEARISH SHOW WOULD BE USED THAT FOR THE STORE, WE BOTH HAVE DISABILITIES AND IT WOULD BE YOUR ENOUGH TO BE ABLE TO SHORE A THING.
DID YOU GUYS SEE THIS WRONG WITH THAT? CORRECT.
I HAVEN'T BEEN IN A WALL COMBINING CITIZENS OR 78 YEARS.
UM, I'M SURE THE MILITARY, I SHOWED THEM THREE DIFFERENT, UH,
AND WHEN I FOUND OUT THAT WE WERE WRITING FISH SAYING, I DO WRITE A CHECK OR TRY TO GET HER.
AND SO WE'RE REALLY A COMMERCIAL.
I MEAN, SO IF THIS GETS APPROVED, THAT WOULD BE WONDERFUL.
IT'S NOT APPROVED, UH, FROM SIDEWALL, OUR COMPLIANCE, WHICH WE WOULD BE MORE THAN HAPPY TO DO MORE OF IT.
SO I APOLOGIZE FOR THIS BECAUSE IT'S NOT
HAVE YOU SAY OPPORTUNITY FOR YOU TO COME UP AND SPEAK WITH YOU ABOUT THIS? OKAY.
ANYONE BOARD MEMBERS HAVE ANY QUESTIONS FOR THE OWNER? MADAM CHAIR? I DO.
UM, MS. PAYNE, THANK YOU FOR YOUR SERVICE START WITH, AND, AND WE'RE LOOKING AT THIS FOR THE VARIANCE AND ALL THAT.
I GUESS MY QUESTION IS, IS THERE A POSSIBILITY OF PUTTING A SHED BACK THERE AND KEEPING THE CAR PORT OPEN? YEAH.
UM, THE PROBLEM WITH THAT, NEITHER ONE OF PARTICULARLY BE AN ISSUE TO BE ABLE TO WALK THE YARD.
WE, YOU KNOW, WHEN YOU, WHEN YOU DON'T HAVE GOOD MOBILITY WALKING IN THE GRASS, YOU'RE ALL THE TIME TAKING A CHANCE OF BALDWIN.
SO WE HARDLY EVER USE THE YARD.
UH, THE REASON, YOU KNOW, IT'S CONVENIENT TO THE BRONX AND IT'S ALL ON PAYMENT, CONCRETE AND IT OFF.
SO THAT MAKES IT EASIER TO HAVE THE ELEMENT THAT WE NEED TO HAVE TO BE GOOD TO BEGINNING IN AND OUT OF THAT.
YOU KNOW, THAT, I GUESS THE THING I THINK IT'S SO SAD, UH, AND I KNOW, YOU KNOW, WE DIDN'T DO THE THINGS WRONG, UM, TO TEAR THAT DOWN IN THE FRONT AND THE BACK.
I MEAN, TO US, IT'S A COMPLETE LOSS OF MONEY.
PLUS WE HAVE NO USE FOR IT NOW.
I MEAN, HE DOESN'T HAVE A CAR AND, YOU KNOW, IT'S, IT'S GOING TO SET THERE OPEN AND WITH NO USABILITY AT ALL.
SO, UM, I MEAN, IF YOU SEEN THE BROAD TO THE WHEELCHAIR, TO THE WALKTHROUGHS, AND LIKE HE SAID, IT WOULD BE A BIG HELP TO BE ABLE TO PUT ALL THAT STUFF IN THERE THAT, THAT WE NEED THE STORE.
BUT I MEAN, YOU KNOW, I REALIZE WE'RE WRAPPED WITH IT, SO THANK YOU, MADAM CHAIR.
I HAVE NOTHING BEFORE ANYONE ELSE HAVE ANY QUESTIONS, MAN? COULD YOU STATE
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YOUR NAME IS YOUR NAME AND THEN SIGN THAT RIGHT? I'M JOANNE JOHNSON THING.ANYONE ELSE HAVE ANY QUESTIONS FOR? THERE'S NO MORE QUESTIONS.
WE ARE GOING TO CLOSE THE CASE AND I'M GONNA READ THE VARIANCE.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE'LL BE ANY BENEFICIARIES OF THE PROPERTY WITHOUT THE VERUS, ALL THOSE AGREEMENTS SAY, YAY.
MADAM SECRETARY, WE TAKE THE ROAD.
WELL, THE V VERUS A SUBSTANTIAL.
ALL THOSE OTHER WOMEN SAY, YAY.
SECRETARY, WILL YOU TAKE THE MR. MOK? NO.
WHERE THE CENTRAL CHARACTERISTIC OF NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER JOURNEY PROPERTIES WAS SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VIRUS.
ALL THOSE OTHER PAYMENTS SAY YAY.
ALL THOSE OPPOSE MR. DAVIDSON.
WHERE THE VARIOUS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENT TO SERVICE SUCH AS WATER SENSITIVE, SANITARY, SEWAGE, OR GO UP GARBAGE REMOVAL.
ALL OF THOSE AGREEMENTS SAY, YAY.
WHERE THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS.
ALL THOSE OPPOSE, MR. DAVIDSON.
WHERE THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE OPERATED THROUGH SOME OTHER METHODS OTHER THAN THE VARIANCE.
WHERE THE SPIRIT AND TIT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED, OBSERVED A STATUE OF.BY GRANTING THE VARIANCE, ALL THOSE IN AGREEMENT, ALL THOSE OPPOSED LET'S SAY ABOUT GRIEVING OR POLES.
MAY I HAVE A MOTION TO APPROVE THE VARIANCE? MAKE A MOTION TO APPROVE THE VARIANCE BZA CASE TWO DASH OH EIGHT SECOND.
IT'S BEEN MOVED BY MR. DAVIS A SECOND BY MR. MARSTON.
IT'S BEEN APPROVED THREE TO ONE.
IS THERE ANY ADDITIONAL BUSINESS? MADAM CHAIR? I HAVE NONE.
THERE IS NO ADDITIONAL BUSINESS.
UPCOMING MEETINGS ARE JUNE 1ST, WHICH LAST SIX.
IF THERE'S NO ADDITIONAL BUSINESS, I NEED TO DISCUSS, MAY I HAVE A MOTION TO ADJOURN, MAKE A MOTION TO ADJOURN THE MEETING.
DO I HAVE A SECOND? SECOND? IT HAS BEEN MOVED.
AND SECOND THAT THE MEETING OF GERM ALRIGHTY.