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[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road September 7, 2022 6:30 P.M.]
SHOULD CALL THE MEETING OF THE CITY OF HUBER HEIGHTS, BOARD OF ZONING APPEAL TO ORDER MADAM SECRETARY, WILL YOU CALL THE ROLE PLEASE? MR. DAVIDSON HERE, MR. DEAN HERE, MR. MOCK HERE, MISS NEWBY HERE, WE WILL FOLLOW AGENDA AS WRITTEN FOR SEPTEMBER, UH, FOR SEPTEMBER 7TH, 2022.WE HAVE ONE SET OF MINUTES FROM THE AUGUST 3RD, 2022 MEETING.
IF THERE ARE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THIS MINUTES, PLEASE SPEAK NOW.
IT'S SEEING, SEEING NO COMMENTS OR CORRECTIONS THOSE MINUTES.
THE MINUTES WILL STAYING AS APPROVED.
MAY I HAVE A MOTION TO APPROVE THE AGENDA FOR TONIGHT? I MAKE A MOTION TO APPROVE THE AGENDA FOR SEPTEMBER 7TH.
I SECOND, IT'S BEEN MOVED A SECOND THAT THE, UH, AGENDA FOR SEPTEMBER 2ND, UM, IS APPROVED.
WITHOUT ANY OBJECTION, THE AGENDA FOR TONIGHT IS NEXT ITEM ON THE, UM, THE AGENDA, SWEARING OF WITNESS IN ACCORDANCE WITH THE RULES OF THE BOARD OF ZONING APPEAL.
ANYONE WHO WISHES TO SPEAK OR GIVE TESTIMONY REGARDING ITEMS ON THIS AGENDA THIS EVENING NEEDS TO BE SWORN IN.
SO I ASK ANYONE, SIR, IF YOU WANT TO DO TESTIMONY, IF YOU'LL COME UP TO THE PODIUM, DO YES.
UM, I ASK EVERYONE TO RAISE THEIR RIGHT HAND TO RESPOND.
I DO AFTER ME, DO YOU HEREBY SWEAR OR AFFIRM ON THE THREAT OR PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH OR NOTHING BUT THE TRUTH SO HELP YOU GOD, I DO.
THANK YOU CAN SAY ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER CASE REVIEWED BY THE, UH, THE CITY OF HUB STAFF REPORT, PLEASE STEP UP TO THE PODIUM, STATE YOUR NAME AND SPELL IT, UH, FOR THE RECORD AND PLACE YOUR NAME.
THERE'S A SHEET UP ON THE PODIUM WHERE YOU CAN SIGN YOUR NAME UP THERE.
SINCE WE DON'T HAVE ANY ALL BUSINESS, WE ARE GOING TO PROCEED WITH THE NEW BUSINESS.
THE CASE, THE ONLY CASE WE HAVE THIS EVENING IS BZA CASE 2214.
THE APPLICANT WHIM E BILL RE HILL BREAK.
BILL BREAK IS REQUESTING A SUPPLEMENT VARIANCE FOR SIX AND 1180 1.04 FOR HEIGHT AND PROJECTION OF A REAR PATIO COVER THAT HAS BEEN CONSTRUCTED.
THE PROPERTY IS LOCATED 64 50 FOR EMBR DOWN, UM, PLACE CITY STAFF MEMBER, PLEASE.
UM, SO I'M GONNA MAKE A SLIGHT DIRECTION TO THE STAFF RECORDING FOLKS RECEIVED ANY PACKET.
UH, THE PRIOR THIRD ERROR, THE APPLICATION IS REQUESTING A SUPPLEMENTAL PERTAINING TO THE COMPLETED CONSTRUCTION OF A REAR PATIO PATTERN IN FEBRUARY, 2021.
THIS FOR APPEARANCES FOR PROJECTION AND HEIGHT OF THE PROPOSED REAR TO COVER MR. MALLARD.
MA'AM I NEED YOU SPEAK INTO THE MICROPHONE A LITTLE BIT CLOSER.
IS IT ON ONE? NO, IT'S ANOTHER ONE 50 GREEN.
JUST WE'LL ACT LIKE THAT DIDN'T HAPPEN.
UM, GOOD EVENING, LADIES AND GENTLEMEN, THANK YOU FOR BEING HERE.
UH, SLIGHT CORRECTION TO STAFF REPORT THAT YOU ALL RECEIVED IN YOUR PACKETS.
UH, THE PRIOR BZA CASE, 2102 WAS ACTUALLY FROM FEBRUARY 3RD, 2021.
I APOLOGIZE FOR THAT ERROR ON WITH THE STAFF REPORT, THE APPLICANT IS REQUESTING A SUPPLEMENTAL VARIANCE OF THE CITY OF HUBER EYE ZONING CODE PERTAINING TO THE COMPLETED CONSTRUCTION OF A RARE PATIO COVER IN FEBRUARY, 2021.
THIS BOARD GRANTED VARIANCES FOR THE PROJECTION AND HEIGHT OF A PROPOSED REAR PATIO COVER.
AT THAT TIME, THE VARIANCE WAS FOUR FEET FOR PROJECTION INTO THE REAR YARD AND TWO FEET FOR HEIGHT ON JULY 22ND, 2022.
DURING THE FINAL INSPECTION, IT WAS DISCOVERED THE PROJECTION EXCEEDED THE VARIANCE BY TWO AND A HALF FEET IN PROJECTION AND ONE FOOT IN HEIGHT, SECTION 1180 1.04 E LIMITS PROJECTION INTO A REAR YARD AT 16 FEET.
THE APPLICANT WISHES TO REMAIN PROJECTED AT 22.5 FEET INTO THE REAR YARD REQUIRING AN ADDITIONAL TWO AND A HALF FOOT VARIANCE SECTION 1180 1.04 H LIMITS HEIGHT OF A PROJECTION TO 14 FEET.
THE APPLICANT WISHES TO HAVE A HEIGHT OF 16
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FEET, EIGHT INCHES REQUIRING AN ADDITIONAL ONE FOOT VARIANCE.THEREFORE THE APPLICANT REQUIRES TWO ADDITIONAL VARIANCES, ONE OF TWO AND A HALF FEET.
ONE OF ONE FOOT, NO ADDITIONAL PERMIT IS REQUIRED.
IF THE BOARD GRANTS THESE VARIS, THE APPLICANT IS WAITING ON THE CITY'S FINALS INSPECTION APPROVAL IN ORDER TO RECEIVE FINAL STRUCTURAL APPROVAL FROM MONTGOMERY COUNTY BUILDING DEPARTMENT, THE CITY WILL PASS THE FINAL INSPECTION.
ONLY UPON GRANTING OF THE SUPPLEMENTAL VARIANCE STAFF ANALYSIS REMAINS THE SAME AS BEFORE THE LOTT, APPROXIMATELY HALF AN ACRE.
THERE ARE NO UTILITY EASEMENTS WITHIN THE LIMITS OF THIS PROJECT.
THE STRUCTURE ITSELF IS A SINGLE FAMILY HOME.
THE PLACEMENT OF THE PATIO COVER IS TO THE REAR, WHICH IS THE EAST SIDE OF THE HOUSE.
THE ENGINEERING DEPARTMENT DID NOT HAVE ANY COMMENTS ON THIS VARIANCE REQUEST.
IF THERE ARE ANY QUESTIONS I'LL BE HAVING TO ANSWER THEM.
UM, ANYONE ON THE BOARD HAVE ANY QUESTIONS FOR, FOR THE, FOR THE STAFF HEARING NONE.
UM, THE APPLICANT, DO YOU WISH TO COME FORTH, UM, AND SAY ANYTHING IN, IN, IN MY FAVOR.
FIRST STATE YOUR, UH, STATE YOUR NAME AND SPELL IT FOR THE RECORD.
WILLIAM BRE, LAST NAME SPELLED B I L B R E Y.
UM, AGAIN, IT'S IT'S DONE AND I, I MADE AN ERROR AND I APOLOGIZE FOR THAT.
YOU WANNA HAVE, I DO GO AHEAD.
AFTER YOU WERE DOING THE FIRST VARIANCE, WHAT HAPPENED THAT NOW YOU'RE OVERSIZED? WELL AS A BUILDER, I DO THIS A LOT OF TIMES, THE I'VE NEVER, I'VE ALWAYS MEASURED IT OFF THE FOUNDATION TO THE END OF THE, OF THE, UH, HEADER.
WELL, THE CITY HERE TAKES IT ALL THE WAY TO THE END OF THE, UH, ROOF LINE.
SO THAT'S WHERE WE GAINED THE FOOTAGE AT.
AND THEN ON THE HEIGHT, IT WAS JUST THE GRADE OF THE YARD.
THAT'S WHERE THE AIR GOT MADE UP.
CAUSE WHEN IT IT'S GOT A BIG SLOPE IN THE YARD, SO THAT'S WHERE I GAINED THE HEIGHT.
I CAN SAY THAT LOOKS LIKE THE HOUSE LOOKS LIKE IT WAS BUILT WITH THE HOUSE.
SO, SO WHEN YOU HAVE THE, YOU SAID IT'S FROM THE, THE SLOPE BEING THERE IS WHAT ADDED THAT ADDITIONAL FOOTAGE.
IF WE WERE LOOK AT IT LEVEL, IT MATCHES SLOPE WAS IF I TOOK ONE OF THE STEPS OUT, INSTEAD OF PUTTING THREE STEPS IN, I WOULD TOOK ONE OUT AND THEN UNDER THE HIGH, LIKE, SO IT'S ALMOST LIKE A PERSPECTIVE KIND OF QUESTION MAYBE.
COMPARED TO BUILDING IT TOO LONG AND TOO HIGH.
SO SOUNDS LIKE I DIDN'T MEAN TO INTERRUPT YOU.
I'M TRYING TO VISUALIZE, OKAY.
THIS SAID BECAUSE OF THE SLOPE, SLOPE.
SO THE SLOPE MADE IT GO UP HIGHER.
MY SLOPE FROM ONE END TO THE OTHER IS ABOUT 12 INCHES.
AND I, I HAD, I PUT THREE STEPS.
SO IF I LEFT TO ONE STEP OUT AND BROUGHT IT UP TO THAT HEIGHT, THEN I WOULDN'T, THE HEIGHT WOULDN'T BE AN ISSUE.
IT'D STILL BE AN ISSUE ON THE PROJECTION BECAUSE I TOOK IT.
I DIDN'T KNOW THAT WENT ALL THE WAY TO THE SOFA VERSUS, I MEAN, TO THE WHOLE END OF THE ROOF INSTEAD OF THE BEAM, IF THAT, I KNOW THAT DOESN'T MAKE SENSE, BUT IT MAKES, IT'S JUST THAT IT'S BIGGER THAT WAY.
THAT'S WHY IT PROJECTS MORE IN THE YARD.
ANY OTHER QUESTIONS FOR THE APPLICANT? SO JUST TO, JUST TO CLARIFY, YOU'RE SAYING IT WAS SOFTEN IT'S BECAUSE THE WAY THE ROOF IS MADE, YOU HAVE A SAW, RIGHT? SO YOU MAJORED TO THE WALL, NOT TO THE ROOF, CORRECT? THE EDGE OF THE ROOF, THEN PASS THAT.
SO MY, MY PAD'S THE ACTUAL SIZE OF WHAT BLOOD.
SO IT'SS ESSENTIALLY CORRECT THE PHOTOS AND EVERYTHING MADE IT BIGGER, YOU KNOW? CAUSE OKAY.
I, I, I FILLED OUT THE APPLICATION WRONG, BASICALLY WHAT I ASSUME.
SO YOU HAVE ANY OTHER QUESTIONS.
WELL, SINCE WE DON'T HAVE ANY OTHER QUESTIONS, I'M GONNA CLOSE THE CASE.
I'M GONNA READ THE STANDARD VARIANCE AND EACH VARI IS GONNA BE READ INDIVIDUALLY AND RESPOND YES OR NO TO EACH OTHER.
AND I WILL START WITH VARIANCE NUMBER EIGHT, LETTER EIGHT.
WHETHER THE PROMPT IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIS.
MADAM SECRETARY, WILL YOU TAKE THE ROLE PLEASE?
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MR. DAVIDSON? YES.WHETHER CENTRAL A CHARACTER, MR. JEFF'S NEIGHBORHOOD WOULD BE SUBSTANTIAL ALTERED, OR WHETHER ADJOURNING PROPERTIES WOULD BE, WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE MAAM SECRETARY.
WERE THE VARIOUS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY, SEWER OR GARBAGE REV REMOVAL.
WERE THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION MATTER? SECRETARY MR. DEAN? NO.
WHERE THE PROPERTY OWNER PREDICAMENT FEES BELIEVE CAN BE AVERTED THROUGH SUCH SOME METHOD OTHER THAN THE VARIANCE.
WHERE THE SPIRIT AND TENT BEHIND HIS ZONING REQUIREMENT WOULD BE OBSERVED A SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.
MAY I HAVE A MOTION TO APPROVE THE VARIOUS I MOVE TO APPROVE? MAY I HAVE A SECOND? I SECOND IT'S BEEN MOVE WAS SECOND THAT THE VARI SAW APPROVE.
WILL YOU TAKE THE ROLE PLEASE? MR. DEAN? NO.
NO, TWO, TWO TO THE TWO WE HAVE.
YOU WANT DISCUSSION DISCUSSION? YOU WANT TO DISCUSS IT WITH WHEN THERE'S A TWO, TWO, SINCE WE ARE SHORT A, A ONE TO BREAK THE TIE WHEN THERE'S A TI, WHEN THERE'S A TIE LIKE THIS, THERE A NO.
SO, UH, WE NEED TO DISCUSS YEAH.
UH, I WENT OUT THERE TO THE APPLICANTS.
HE DOES HAVE A LONG RECTANGULAR PROPERTY.
SO I MEAN, HIS BACKYARD GOES FOREVER AS FAR AS, UH, YOU KNOW, BEING TWO AND A HALF FEET DEEPER IS IRRELEVANT SINCE A LONG YARD.
AND AS FAR AS THE HEIGHT, YEAH, THE GRADE GOES DOWN.
SO IT'S EVEN WITH A ROUGH LINE AND EVERYTHING LIKE THAT.
WHAT I SAW ON THE PLANS, IT'S ALMOST EVEN WITH THAT, OTHER THAN THE SLOPE OF THE, THE HILL, YOU KNOW? SO THAT'S WHY I PROVED THE VARIANCE FOR MYSELF.
LET ME ASK THIS QUESTION, BUT THAT SLOPE WAS THERE IN FEBRUARY 20, 21, RIGHT.
DID THE LANDSCAPE OF THE LAND CHANGE FROM FEBRUARY 3RD, 2021? WHEN, WHEN HE FIRST CAME, THEN WE GAVE HIM TO NOW.
NO, BUT I THINK THE, WHAT HE WAS TALKING ABOUT, I MEAN, HE COULD RAISE THE GROUND UP AND MAKE IT THE SAME HEIGHT TO WHAT IT WAS.
HE DIDN'T, HE LEFT THE SLOPE, GO OUT THERE AND JUST LEFT THE ROOF LINE THE SAME.
SO, I MEAN, IF HE WOULD BRING BACKFILL IN AND, AND MAKE IT LIKE THAT, HE WOULD BE IN, IN COMPLIANCE.
IS THAT CORRECT? MR. LAR, IF HE BROUGHT BACKFILL IN AND, AND FILLED IT UP, THEN THE HEIGHT WOULD BE LESS BECAUSE OF BACKFILL.
AND MY INSPECTOR LOOKED AT THE PROPERTY.
WHEN WE LOOKED AT THE HEIGHT OF A STRUCTURE, WE MEASURE IT FROM THE FOUNDATION THAT THE, TO THE HEIGHT OF THE STRUCTURE, IF THERE'S A SLOPE INVOLVED THAT SHOULD, THAT SHOULD BE ACCOUNTED FOR WHEN THE PLANS ARE SUBMITTED.
SO YOU ASK FOR A VARIANCE TO ACCOMMODATE THAT SLOPE TO ANY PORTION OF THAT STRUCTURE IS ABOVE GROUND LEVEL.
THAT'S WHAT THE VARIANCE SHOULD ACCOUNT FOR.
AND THAT SHOULD, I'M ASSUMING THAT'S WHAT IT WAS ACCOUNTING FOR.
UM, SO WHAT WE HAVE IS A STRUCTURE THAT NEEDED THE ADDITIONAL VARIANCE TO BE COMPLIANT WITH THE FIRST VARIANCE MM-HMM
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AND THE ADDITION OF A THIRD STEP IT'S THERE, IT IS WHAT IT IS.UM, SO WHAT DO YOU DO TO CHANGE THAT? DO YOU TEAR OUT AN EXISTING PATIO TO, TO HAVE LESS, TO NOT NEED A SECONDARY VARIANCE? THAT'S A, THAT'S A GOOD QUESTION.
I THINK THAT'S SOMETHING THE BOARD PROBABLY HAS TAKEN INTO CONSIDERATION, UM, IN ORDER FOR IT TO RECEIVE A PASSING INSPECTION FROM MY GUY, IT'S EITHER GOING TO HAVE TO BE BASED ON THE ORIGINAL VARIANCE, WHICH STANDS AT THIS POINT OR A SUPPLEMENTAL VARIANCE, WHICH YOU NOW HAVE A TIE ON, WHICH IF I'M NOT MISTAKEN, A TIE IS A NO VOTE.
SO THE QUESTION IS THE ONLY WAY IT PASSES AN INSPECTION, IF, IF THIS BOARD EITHER TABLES THIS FOR HIM TO MAKE THE PROPER ADJUSTMENTS AND HEARS IT AGAIN AT A LATER DATE, OR HE HAS TO MAKE THE CORRECTIONS IN ORDER TO PASS BY THE ORIGINAL VARIANCE THAT WAS GRANTED.
MA'AM DO YOU HAVE ANYTHING YOU WANNA SAY? YEAH.
I DON'T THINK THAT ANY OF THIS IS IRRELEVANT.
I THINK OUR ZONING REGULATIONS ARE WHAT THEY ARE.
WE HAVE ALREADY GRANTED A VARIANCE.
WE GRANTED A VARIANCE TO A PROFESSIONAL CONTRACTOR WHO HAS YEARS OF EXPERIENCE, SO I WILL STAND BEHIND MY VOTE.
AND LIKE THE CITY SAID, WE GOT ONE OF TWO OPTIONS AS A BOARD.
I, I WOULD LIKE TO HAVE A MOTION TO TABLE THIS UNTIL THE NEXT MEETING OR WHERE YOU HAVE A TABLE OF FIVE, BUT OKAY.
WE'RE GONNA TAKE WHAT I'M GOING BY, WHAT THE CITY SAID.
WE CAN EITHER TABLE OR IT, AND HE CAN GO BACK AND DO THOSE THINGS.
JUST BECAUSE WE'LL TABLE THIS AND WE WANT TO CLOSE.
CAUSE I, SOME THINGS I'M GONNA SAY IT MIGHT NOT, IT'S NOT COULD CHANGE.
IT DID NOT CHANGE ON THAT PART OF IT.
SO IF WE WANT TO EXTEND THIS TO ANOTHER MONTH AND TABLE IT, YES, WE CAN DO THAT, BUT THAT'S JUST MY MOTION.
UM, ANYONE ON A SECOND, MR. DAVIDSON'S MOTION TO TABLE UNTIL OCTOBER.
THE, WHAT IS THE THIRD, THE FOURTH OF NEXT MONTH? FIFTH, OCTOBER 5TH.
AND IF THE, IF THE OWNER WOULD BECOME COMPLIANT WITH THE INITIAL VARIANCE IN THE MEANTIME, I'M SURE HE'LL NOTIFY US OF THAT.
AND, UH, IF THAT, IF IT DOES BECOME COMPLIANT WITH THE INITIAL VARIANCE, THEN WE'LL OBVIOUSLY COMMUNICATE THAT TO THE BOARD.
THAT THAT'S BEEN TAKEN CARE OF IN PAST OUR FINAL INSPECTION.
SO DO I HAVE A SECOND TO, TO, TO TABLE THIS AND GIVE THE APPLICANT TIME TO EITHER CORRECT IT OR COME BACK AND, UH, WE HAVE A FULL, A FULL BOARD.
DO I HAVE A SECOND ON MR. DAVIDSON'S, UH, MOTION? I WILL SAY IT'S BEEN MOVED A SECOND THAT WE TABLE THIS CASE OF BZ CASE 2214 UNTIL OCTOBER.
UM, AT WHICH TIME WE WILL, OCTOBER 5TH, 2022.
UM, AT WHICH TIME WE WILL HAVE A FULL BOARD, UM, OR THE APPLICANT CAN MAKE SOME CHANGES PRIOR TO THEM.
AND IF, IF THE APPLICANT DOES DO SOME CHANGE AND COME THROUGH THE CITY, THE CITY WILL LET THE BOARD KNOW THAT IT HAS BEEN CORRECTED, REC FILED BECOMES I IMPLIED.
SO CAN WE TAKE A VOTE ON THE MOTION TO, TO TABLE IT TO OCTOBER 5TH, 2022, MR. DEAN? YEAH.
UM, YOU HAVE HEARD, UM, WHAT THE BOARD HAS DECIDED, UM, THAT GIVES US ENOUGH TIME TO, TO GIVE YOU A FAIR PLAY.
WE WANNA BE FAIR ACROSS THE BOARD REGARDLESS.
SO WE ARE TABLING IT UNTIL OCTOBER 5TH, DOWN 2022, UM, AT 6:30 PM THAT DAY.
AND YOU CAN COME BACK AND WE'LL GO, WE'LL MOVE FROM THERE.
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OKAY.WITH THAT, WE DON'T HAVE ANY ADDITIONAL BUSINESS EXCEPT FOR WE DID THE CITY JUST INFORM ME THIS, THIS, THIS, TODAY THAT WE DO HAVE A BOARD MEMBER, UH, THAT WILL BE WITH US NEXT MONTH.
SO WE WANNA WELCOME YOU TO THE BOARD AND LOOK FORWARD TO WORKING WITH YOU.
START NEXT MONTH, MR. PAUL SHAFER NAME SOUNDS SO BAD.
OH, I DON'T KNOW HOW TO KEEP UP WITH THAT STUFF.
I'M UM, ON THAT PART OF IT, IF THERE'S NO ADDITIONAL NEW BUSINESS, UH, UPCOMING MEETING WILL BE WEDNESDAY, OCTOBER THE FIFTH, 2022.
IF THE BOARD DOES NOT HAVE ANYTHING ELSE TO DISCUSS, MAY I HAVE A MOTION TO, UM, MAKE A MOTION? YOU ADJOURN.
IS BE, CAN I HAVE A SECOND ONE SECOND? OKAY.
IT HAS BEEN MOVED BY MR. DAVIDSON AND SECOND BY MR. BING THAT WE ADJOURN UNTIL WE MEET AGAIN WEDNESDAY, OCTOBER 5TH.