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CALL THE ME.[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road October 2, 2024 6:00 P.M.]
CALL THE MEETING OF THE CITY OF HUBBERT HEIGHTS BOARD OF ZONING.MADAM SECRETARY, PLEASE CALL THE ROLL.
UM, WE'RE GONNA FOLLOW THE WRITTEN AGENDA AS WRITTEN.
WE HAVE ONE SET OF MINUTES FROM JUNE 5TH, 2024 MEETING.
UH, IF THERE ARE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THE MINUTES, PLEASE SPEAK NOW.
SO I TAKE IT WE DON'T, IT'S NO COMMENTS.
IS THERE NO COMMENTS OR QUESTION? THOSE MINUTES.
MAY I HAVE A MOTION TO APPROVE THE AGENDA? MOVE TO APPROVE THE AGENDA FOR THE SEASON? SECOND.
IT'S MOVED A SECOND THAT THE JENNIFER, THIS EVENING, UH, MEETING IS APPROVED.
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.
UM, AND I WOULD ASK EVERYONE TO STAND, RAISE YOUR RIGHT HAND AND RESPOND.
TO THE FOLLOW FOLLOWING OATH, DO YOU HEREBY SWEAR OR AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
ANYONE THAT MAY WISH, UM, TO SPEAK TONIGHT AFTER A CASE REVIEWED BY THE CI UH, THE CITY STAFF REPORT, YOU COME UP TO THE PODIUM, STATE YOUR NAME AND SPELL IT FOR THE RECORD.
AND THERE'S A SHEET ON THE PODIUM THAT YOU'LL WRITE THERE.
WE HAVE NO OLD BUSINESS, SO WE'LL JUST SKIP ALONG AND GO TO WHAT'S ON THE AGENDA.
THE NEW BUSINESS AND IT'S BBZA CASE 24 0 8.
THE APPLICANT, JOHN, JONATHAN, MARY, MARY MARY IS REQUESTING A VARIANCE FROM SECTION 11 9 9 1 0 1 ACCESSORY ACCESSORY BUILDING LOCATION PROPERTY.
THE PROPERTY IS LOCATED AT 82 16 CHAMBERSBURG ROAD.
OKAY, DON KING, CAN YOU PLEASE GET A STAFF REPORT? YES, MA'AM.
UH, I WILL RUN THROUGH THIS AS QUICKLY AS I CAN.
UH, THE OWNER IS REQUESTING A VARIANCE FROM THE CITY OF IDE ZONING CODE TO ALLOW A PROPOSED ACCESSORY BUILDING TO BE CONSTRUCTED IN THE FRONT YARD, EAST AND NORTH OF THE HOUSE, APPROXIMATELY 135 FEET OFF OF THE ROAD.
THE LOCATION WILL MEET THE REQUIRED SIDE YARD SETBACK OF FIVE FEET.
THE DIMENSIONS OF THE BUILDING WOULD BE 30 FEET BY 30 FEET BY 11 FEET TALL.
ZONING CODE SECTION 11 91 0 1 STATES THAT IN N-E-R-B-A-P THROUGH PD OR I DISTRICT, AN ACCESSORY BUILDING NOT EXCEEDING ONE AND ONE HALF STORIES OR 14 FEET IN HEIGHT, MAY BE PERMITTED IN A REAR YARD, NOT WITHIN FIVE FEET OF THE SIDE AND REAR LOT LINES.
IN ORDER FOR ANY STRUCTURE TO BE CLASSIFIED AS AN ACCESSORY BUILDING, IT SHALL BE AT LEAST FIVE FEET FROM ANY PERMANENT STRUCTURE.
AS A RESULT OF THE CODE RESTRICTION ON BUILDING LOCATION, THE PROPERTY OWNER REQUIRES A VARIANCE.
CITY STAFF FEELS THIS IS A REASONABLE REQUEST AND HAS NO OBJECTION TO THE GRANTING OF THOSE VARIANCE.
ADJACENT PROPERTIES WERE NOTIFIED OF THE VARIANCE REQUEST AND NO OBJECTIONS HAVE BEEN RECEIVED BY THE CITY.
ANALYSIS IS AS FOLLOWS, ALLOT IS APPROXIMATELY 1.64 ACRES.
THERE ARE NO CITY UTILITIES INVOLVED IN THIS VARIANCE REQUEST.
THE STRUCTURE IS AN ACCESSORY BUILDING PLACEMENT IS NORTHEAST OF THE HOUSE.
UH, THE ENGINEERING DEPARTMENT HAS NO CONCERN WITH THIS REQUEST.
I'LL BE HAPPY TO AN ANSWER ANY QUESTIONS IF I CAN.
ARE THERE ANY QUESTIONS FROM THE STAFF? FOR THE STAFF? SO, NO QUESTIONS.
I, I ASSUME YOU ARE HERE TO SPEAK ON THIS.
YOU CAN STEP UP TO THE PODIUM.
ON STATE YOUR NAME AND SPELL IT FOR THE RECORD, PLEASE.
UH, JONATHAN MARIN IS J-O-N-A-T-H-A-N.
AND MARIN IS SPELLED M-A-R-I-N.
YOU, YOU NEED ME TO SIGN ON HERE? YES, PLEASE.
IS THERE ANYTHING YOU WOULD LIKE TO, TO TELL THE BOARD REGARDING
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THIS, THIS CASE, YOUR CASE? UM, NOT REALLY.I MEAN, IT WAS KIND OF JUST SOMETHING THAT I WAS TRYING TO SEE IF I COULD GET BILLED.
UM, I KNOW IT WAS, I WAS TRYING TO GET PERMISSION FROM YOU GUYS.
I KNOW IT WAS OUT OF THE CODE.
UM, SO I WANTED TO MAKE SURE IT WAS OKAY BEFORE DOING ANYTHING.
UM, AND IT WAS JUST SOMETHING THAT I'M KIND OF WANTED TO DO JUST FOR EXTRA STORAGE AND, UM, IT'S, YOU KNOW, PERSONAL USE.
NOT REALLY SOMETHING THAT'S NEEDED, BUT SOMETHING KIND OF, I WANTED IT, YOU KNOW.
I THINK THE BOARD WOULD BE INTERESTED IN SEEING, HEARING THE REASON FOR NOT BEING ABLE TO LOCATE IT IN THE REAR YARD.
'CAUSE THAT'S WHAT THE VARIANCE IS ABOUT.
SO, UM, UH, IF YOU LOOK AT MY PROPERTY THERE, UH, RIGHT IN FRONT OF MY HOUSE THERE, UM, THERE IS A SEPTIC TANKS I WOULDN'T REALLY BE ABLE TO CROSS OVER TO, UM, PUT SOMETHING ON, ON THE, UM, ON THE WEST SOUTH SIDE OF THAT PROPERTY.
UM, AND THEN ON THE, UM, UH, EAST, UM, SOUTH, I HAVE A, I ALREADY HAVE A GARAGE BUILDING THERE, UH, BUILT AND IF IT'S ON THE SIDE YARD, IT'LL ACTUALLY BLOCK PART OF THAT GARAGE THAT'S BUILT ALREADY THERE.
UH, IT'S KIND OF HARD TO TELL WITH THE TREES THERE.
UM, BUT I, UH, THAT LOCATION THAT I WAS KIND, UM, HOPING TO GET IT APPROVED.
UH, IT JUST, IT, IT RUNS RIGHT INTO WHERE MY DRIVEWAY IS AT IT.
UH, I, I, NOW, I USE IT AS A PARKING SPOT ALREADY, SO IT WOULD JUST KIND OF BE MORE USEFUL FOR ME FOR, UH, AS A GARAGE INSTEAD.
BUT, UM, THAT, THAT WAS REALLY THE ONLY REASON WHY I WOULDN'T BE ABLE TO PUT IT ON THE SIDE OR THE, THE BACK OF THE, UH, YARD.
THERE'S ALREADY A STRUCTURAL THERE.
DO ANYONE HAS ANY QUESTION FOR THE APPLICANT? I, I'VE GOT A QUESTION NOW.
HIS PROPERTY IS THE 82 16? CORRECT.
NOW WHERE IS IT GONNA ACTUALLY BE BUILT? IS IT, AM I IT GOING TO BE IN THE FRONT YARD? YOU CAN STEP OVER, YEAH.
IT'LL BE IN THIS, THIS SECTION HERE.
YEAH, JUST KIND OF THE WAY THE DRIVEWAY IS.
I USE THAT AREA OF THE PARKING LOT ALREADY.
AND, UH, I JUST WANTED TO MAKE A CONSTRUCTION THERE.
ANYONE ELSE HAVE ANY QUESTIONS FOR THE APPLICANT? SINCE THERE'S NO MORE QUESTIONS, I'M GONNA CLOSE THE CASE.
NOW I'LL START READING THE VARIANCE.
AND, UM, EACH VARIANCE I READ IS AN INDIVIDUAL VOTE FOR EACH ONE OF THEM.
THE FIRST ONE IS WHETHER THE PROPERTY IN QUESTION WILL YIELD OR REASONABLE RETURN, OR WHETHER THERE BE ANY BENEFITS USE OF THE PROPERTY WITHOUT THE VARIANCE.
ADAM? SECRETARY, COULD YOU COMMENT MS. BALLARD? NO.
WHETHER VARIES IS SUBSTANTIAL.
WHETHER THE, WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIAL ALTER OR, OR WHETHER ADJOURNING ADJOURNED PROPERTIES WILL SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITATION, SEWER, OR GARBAGE? RE GARBAGE REMOVAL.
WHETHER THE PROPERTY OWNER OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION, MR. DEAN? NO.
WHETHER THE PROPERTY OWN OWNER'S PREDICAMENT FEASIBLY CAN BE ALTER THROUGH SOME OTHER METHOD OTHER THAN A VARIANCE.
WHETHER THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENTS WILL BE OBSERVED FROM SUBSTANTIAL JUSTICE DONE BY GRETEN, THE VARIANCE.
COULD I HAVE A, A MOTION TO APPROVE, UM, THE VAL, THE VARIANCE? I'LL MAKE A MOTION TO APPROVE CASE 24 DASH ZERO EIGHT THAT THE BUILDING BE APPROVED AS SUBMITTED.
MAY I HAVE A SECOND? I'LL SECOND.
AND SECOND THAT THE VARIANCE BE APPROVED.
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THERE ANY QUESTIONS ON THE MOTION? SEEING, NO HEARING, NO QUESTIONS.MADAM SECRETARY, COULD YOU CALL THE ROLE PLEASE? MS. BALLARD? YES.
SO YOUR, IT PASSES FOUR TO ZERO.
YOU NEED TO GET WITH THE CITY TO SEE WHAT REQUIREMENTS OR ANYTHING THAT YOU NEED TO DO.
WE'LL CONTINUE WITH THE, YOU FREE.
YOU DON'T HAVE TO STAY IF YOU DON'T WANT, JUST MAKE SURE YOU GET WITH THE YEAH, I ASK HIM TO HANG FOR JUST A MINUTE.
SO WE'RE GONNA FINISH THIS UP REAL QUICK.
UM, ADDITIONAL, ARE THERE ANY ADDITIONAL BUSINESS? I HAVE NOTHING.
UM, NOVEMBER 6TH AND DECEMBER 4TH.
AND IT LOOKS LIKE WE'RE PROBABLY GONNA HAVE A CASE FOR NOVEMBER 6TH.
IF SAYING NOTHING ELSE TO DO, CAN I HAVE A MOTION TO ADJOURN? I MAKE A MOTION.