Link

Social

Embed

Download

Download
Download Transcript

[00:00:02]

I APOLOGIZE FOR THAT.

[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road November 4, 2020 6:30 P.M.]

I SHOULD CALL IT A MEETING OF THE CITY OF HUBER HEIGHTS, BOARD OF ZONING APPEAL TO ORDER MADAM SECRETARY, PLEASE CALL MR. DEAN.

MR. FLORA HERE.

MS. NEWBIE HERE, MR. STEWART PRESENT.

THANK YOU.

YEAH, I HAVE A MOTION TO APPROVE THE AGENDA, BUT TONIGHT I'LL MOVE THAT TO JENNIFER NOVEMBER 4TH, 2020.

CAN I GET A SECOND, SECOND WITHOUT OBJECTION.

THE AGENDA FOR TONIGHT'S MEETING IS APPROVED.

IS IT A SWEAR IN THE 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.

I DO TOO.

THE FOLLOWING.

OH, 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, THANK YOU.

ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER THE CASE REVIEW AND THE STAFF REPORT IS DONE.

I NEED YOU TO PLEASE STEP TO THE PODIUM, SPELL YOUR NAME FOR THE RECORD.

WE HAVE BEEN READY TO MOVE TO BZA CASE 2018.

OKAY.

OKAY.

VCA CASE 2015, THE APPLICANT JOHN HARPIS IS REQUESTING A VARIANCE OF THE SETBACK REQUIREMENT ON A SENSORY BUILDING UNDER THE SECTION 1190 1.01.

LOCATION PROPERTY IS LOCATED AT 4,391 SARATOGA PLACE.

MR. BERNARD, THANK YOU, MR. CHAIRMAN.

GOOD EVENING.

EVERYONE EVENING THE RUINS IN GOOD HEALTH.

UM, THE, THE PROPERTY THAT YOU'RE REVIEWING THE SAVING IS A RESIDENTIAL PROPERTY AND A PLANNED RESIDENTIAL USE DISTRICT.

ALL OF THE SURROUNDING PROPERTIES ARE EITHER PLANNED OR RESIDENTIAL OR ARE FOUR B RESIDENTIAL.

UH, THE APPLICANT IS REQUESTING A VARIANCE OF THE CITY OF HEBREW ZONING CODE PERTAINING TO THE LOCATION OF THE STORAGE BUILDING, WHICH WAS CONSTRUCTED WITHOUT OBTAINING A PERMIT.

THE CURRENT LOCATION, PLACES, THE BUILDING AGAINST THE PROPERTY LINE AND IN THE SIDE YARD SECTION 1190 1.01 STATES IN ANY R B A P THROUGH PD, WHICH ENCOMPASSES ALL PLAN DISTRICTS OR I DISTRICT THAN ACCESSORY BUILDING, NOT EXCEEDING ONE AND ONE HALF STORES OR 14 FEET IN HEIGHT MAY BE PERMITTED ANY REAR YARD, NOT WITHIN FIVE FEET OF THE SIDE AND REAR PROPERTY LINES.

IN ORDER FOR ANY STRUCTURE TO BE CLASSIFIED AS AN ACCESSORY BUILDING, IT SHALL BE AT LEAST FIVE FEET FROM ANY PERMANENT STRUCTURE.

HAD A PERMIT BEEN APPLIED FOR THE PLACEMENT AND SETBACK REQUIREMENTS WOULD HAVE BEEN CLARIFIED WITH THE APPLICANT.

WHEN THE PERMIT WAS ISSUED, THE APPLICANT WISHES TO HAVE THE STORAGE BUILDING REMAIN IN ITS CURRENT LOCATION.

UH, PERMIT HAS BEEN MAINTAINED, UH, EXCUSE ME.

A PERMIT HAS BEEN OBTAINED AND THE INSPECTION WILL MOVE FORWARD UPON TO THE DECISION OF THIS BOARD, UH, STAFF ANALYSIS, THE LOSS ABOUT A THIRD OF AN ACRE.

THERE ARE NO UTILITY EASEMENTS IMPACTED BY THIS VARIANCE.

IT IS A SINGLE FAMILY HOME.

THE VARIANCE WOULD HAVE BE ALONG THE WEST PROPERTY LINE, UH, ENGINEERING DEPARTMENT, NOT HAVE ANY COMMENTS ON THIS VARIANCE REQUEST.

I CAN ANSWER ANY QUESTIONS YOU MAY HAVE.

THANK YOU, SIR.

IS THERE ANY QUESTIONS FOR THE STAFF MS. MANEUVERING, THE FLORA, NOTHING FOR THE STAFF THERE, ANYONE THAT WOULD LIKE TO SPEAK IN BEHALF? I WOULD LIKE FOR MR. HARPER'S OR HIS REPRESENTATIVES TO STAY TO THE PODIUM AND STATE YOUR NAME, PLEASE.

MY NAME IS JOHN HARPIST AND 43 91 SARATOGA PLACE.

AND I READILY ADMIT THAT I FAILED TO FILL OUT THE ZONING PERMIT, BUT IF YOU READ THE LETTER

[00:05:01]

THAT I ATTACHED TO IT, UM, FRANKLIN, MY WIFE HAS BEEN GIVING ME GRIEF FOR THE LAST THREE MONTHS THAT I FAILED TO DO THIS.

WHAT I DID DO, I FELT WAS DUE DILIGENCE.

I DID, UH, ORIGINALLY CALL RUSSELL BOARDMAN, THE CITY ENGINEER, AND TALK TO HIM ABOUT EXTENDING OFFENSE AND BUILDING THIS STRUCTURE.

NOW, I REALLY ADMIT THAT THROUGH OUR DISCUSSION.

HE TOLD ME TO GO AHEAD AND BUILD RIGHT ON THE PROPERTY LINE THAT YOU MUST HAVE BEEN REFERRING TO THE FENCE ONLY.

AND NOT TO MY SHED THAT I TALKED TO HIM ABOUT IN THE SAME DISCUSSION.

I ALSO, THROUGH MY DUE DILIGENCE, I'VE MET WITH A CIVIL ENGINEER, CIVIL ENGINEER, JIM CLIENT, OR WHO TOLD ME NOT TO PUT THE PR THE STRUCTURE AT THE NORTH SIDE OF THE PROPERTY OR THE REAR OF THE PROPERTY.

THE PART TO THIS PART, THERE'S A SIX FOOT FENCE ALL THE WAY AROUND THE STRETCHER RIGHT NOW, BECAUSE WHEN I BUILT THIS, THERE WAS ABSOLUTELY NO RYAN HOMES THERE AT ALL.

NONE WERE AROUND THE PROPERTY AT ALL.

IT'S BEEN ABOUT ALMOST TWO YEARS.

AND HE WAS WORRIED THAT WHEN THE NEW PROPERTIES WOULD BE BUILT, THAT THERE WOULD BE POSTS MOST, MOST LIKELY A COVERT RUNNING ALONG THE BACK, WHICH THERE IS TO TAKE WATER TO THE WEST.

SO HE SAID STAY AWAY FROM THE BACK.

SO, AND ALSO IN MY DUE DILIGENCE, I TALKED TO DICK MEYER OF SHELEMIAH MEYER ENGINEERS, AND HIS, IF YOU LOOK AT THE PICTURES I SENT, UM, RECOMMENDATION WAS TO USE THE, UH, FOUR BY FOUR POSTS FOR THE FENCE AND AUGMENT THAT WAY ANOTHER FOR MY POOR POST, RIGHT ON IT SO THAT I COULD GET A NICE LEVEL SUPPORT TO HAVE, BECAUSE THERE'S NO PLACE FLAT IN THE BACK OR WHATSOEVER IT'S ON THE SLOPE.

SO THOSE FOUR OR FIVE, FOUR POSTS THAT ARE ON THE SIX ON THE SIX FOOT FENCE, I AUGMENTED IT BY PUTTING ADDITIONAL FOUR BY FOUR POST ON IT, PUT THE FLAT PLATFORM ON AND THEN BUILD OUT FROM IT AND, UH, READILY I, AGAIN, I ADMIT THAT I JUST FAILED TO KNOW ABOUT THE ZONING WEST.

UH, AFTER I TALKED WITH BILL BERGEN, I WENT ONTO MY OWN, UH, WHAT I THOUGHT WAS A DIRECTION.

AND I KNOW THAT HE DID NOT FEEL THAT HE WAS DRESSING THE SHED ITSELF.

SO I FELT LIKE I'VE DONE DUE DILIGENCE.

IF YOU LOOK AT THE STRUCTURE, IT'S ONLY ABOUT A FOOT AND A HALF, MAYBE TWO FEET ABOVE THE SIX FOOT FENCE AT SOUTH VISUALLY, YOU CAN'T SEE IT.

THE NEW HOUSE THAT'S BEEN BUILT ADJACENT TO ME BY RYAN HOMES, THERE WAS NO WINDOWS WHATSOEVER.

THEY CAN SEE IT.

I ALSO PUT IT AGAINST THE FENCE BECAUSE THIS IS A, A COMPOSITE STRUCTURE BUILDING WITH A RUBBER ROOF ON IT.

AND IF I WOULD ATTEMPT TO MOVE IT, I MIGHT AS WELL DESTROY IT ONCE YOU TAKE AND PUT THE SCREWS INTO IT AND SCREW IT TO THE DECK.

AND AGAIN, I GAVE THAT DATA AND MY FILE, UH, IF I, IF I TRY TO MOVE IT THE FIVE FEET OVER AND BACK, I WANT TO DESTROY IT.

UM, THE OTHER THING I WANT TO MENTION TOO, IS BY WHAT I DID IN REGARD TO TYING IT TO THAT SIX FOOT FENCE AND PUTTING THE LATTICE ON THE SIDE.

SO NO ONE COULD GET UNDERNEATH IT.

IF YOU LOOK IN OUR, AND MY VERY AREA AT THE BEGINNING, THERE'S PEOPLE THAT HAVE STRUCTURES THAT ARE, UM, STORAGE BUILDINGS, WHERE THEY'RE SETTING UPON BLOCKS AND THEY'RE NOT HOLDING IT TO ANY SORT OF STRUCTURE AT ALL.

AND I'M WORRIED THAT KIDS ARE GOING TO GET UNDERNEATH THOSE.

YOU CAN DRIVE RIGHT DOWN IT'S TAYLORVILLE ROAD AND SEE THEM.

KIDS WILL GET UNDERNEATH IT AND PUSH IT OVER.

MINE IS TOTALLY STABLE BECAUSE I ATTACHED IT TO THE FENCE.

SO AGAIN, I READILY ADMIT THAT I FAILED TO FILL OUT THE ZONING WAS MY IGNORANCE BECAUSE WHEN I TALKED TO BILL BERGMAN, I THOUGHT THAT I HAD IT ALL COVERED AND DID DUE DILIGENCE TALK TO THE CIVIL ENGINEER AND TALK TO A STRUCTURAL ENGINEER ABOUT HOW TO ATTACH IT.

AND BASICALLY I FAILED.

AND I'M HERE TO SAY THAT I'M ASKING FOR LENIENCE ON THE FACT THAT I FAILED.

I ASK THE QUESTION AT NO TIME, SIR, AT ANY TIME THAT YOU TALKED TO THESE INDIVIDUALS THAT THEY DID NOT MAKE, DID THEY MENTION TO YOU THAT YOU NEED TO COME TO THE CITY PRIOR TO DOING ANYTHING? NO, SIR.

NO.

MA'AM IN FACT, BILL BERGMAN, IF YOU TALK TO HIM, I GOT HIM ON THE PHONE.

I'VE TALKED TO HIM SEVERAL TIMES SINCE, UH, RYAN'S BEEN BUILDING HOMES THERE.

YOU KNOW, RYAN HAS NOT FOLLOWED GOOD CIVIL ENGINEERING PRACTICES BY MAINTAINING IT.

AND I KNOW HE KNOWS WHO I AM, BUT WHEN I TALKED TO HIM, WE TALKED SPECIFICALLY ABOUT EXPANDING MY SIX FOOT FENCE OUT TO THE EAST.

AND THEN I SENT HER, I WAS ALSO GOING TO BUILD A SHED TOO.

AND HIS COMMENT WAS, DON'T WORRY ABOUT IT.

YOU DON'T NEED A PIT PERMIT.

YOU CAN, YOU CAN BUILD IT ON THE PROPERTY LINE.

HE WAS SPECIFICALLY TALKING ABOUT THE FENCE.

I'M SURE.

BUT WHEN I HEARD HIM, IF I MAY, I THINK YOU MEAN RUSS BERGER, BEN BELLBIRD, I'M SORRY.

I'M SORRY.

GO AHEAD.

[00:10:01]

RUSSELL RUSSELL BERWYN.

I'M CORRECT.

YOU'RE CORRECT.

RUSSELL BERGMAN, THE CITY ENGINEER.

AND HE SAID, GO AHEAD AND BUILD A RIGHT ON THE PROPERTY LINE.

DON'T WORRY ABOUT IT.

AND HE GOOGLED IT WHEN I TALKED TO HIM.

AND AGAIN, I'M GOING TO SAY I HAD TWO ITEMS THAT I WAS TALKING TO HIM ABOUT THE SHED AND THE FENCE.

AND WHEN I, WHEN HE RESPONDED TO ME, HE WAS TALKING ABOUT THE FENCE, CAUSE I'M SURE HE UNDERSTANDS THE ZONING, BUT I HEARD BOTH OF THEM WERE OKAY.

AND THAT WAS MY MISTAKE, BUT NO, NOT ONE OF THEM, NOT DICK MEYER OR, OR JIM CLIENT INJURE WHO ARE PERSONAL FRIENDS OF MINE, BOTH OF THEM, YOU KNOW, DICK MYERS, A STRUCTURAL ENGINEER.

AND JIM KLEINER JUST SAID, BE CAREFUL NOT TO BUILD ALONG THE BACK BECAUSE SHE WAS SURE THERE WAS GOING TO BE A CULVER.

WE GOING BACK THERE AND THERE IS BASED UPON HOW THEY'VE BUILT THE SITES ADJACENT TO ME.

OKAY.

THANK YOU.

THANK YOU.

AS THE FLOOR, UM, DRAINAGE FOR THAT SHED, IS THERE A GUTTERS PLACED ON IT OR HOW, HOW DOES THAT ROOF DRAIN ROOF DRAIN STREETS DOWN TO THE GROUND AND IT'S ALL FLAT AND IT HAS NATURAL DRAINAGE AWAY FROM IT.

OKAY.

I WOULD, I WOULD CAUTION THE WEAR AND TEAR OF YOUR FENCE POSTING RIGHT AROUND THAT AREA.

YES, SIR.

I'VE HAD A FENCE BEFORE AND IT'S A BEAR.

I'VE BEEN WATCHING IT AND I'VE TREATED THE FENCE BEFORE I DID IT.

AND I USED ALL PRESSER TREATED WORD WOOD FOR THE BASE.

IF YOU LOOK AT THE DRAWING I SENT IN, IT'S GOT, UH, UH, TWO BY SIX POSTS THAT GO TO THE FENCE AND ALL THAT'S PRESSURE TREATED WOOD, BUT YOU'RE RIGHT.

I WOULD STILL MAKE THAT.

I ALSO PUT A RANGE SHIELD CAP AROUND THE EDGE OF IT ON THE BOTTOM.

AND THEN AGAIN, I PUT LANTUS.

SO NOBODY COULD CRAWL UNDERNEATH THAT EVER.

ISN'T THAT THE PREFERENCE THAT WE HAVE IS WE, WE BEING A HOMEOWNER AND WHAT YOU WANT TO DO TO IMPROVE WHAT YOU HAVE.

WE WORRY ABOUT THE NEIGHBORS, WHAT EFFECT THAT MAY HAVE, IF THAT POST ENDS UP ROTTING, FOR INSTANCE, AND THE FENCE STARTS FALLING ON YOUR NEIGHBORS.

THAT'S WHAT WE LOOK AT WHEN WE'RE UNDERSTOOD.

AND I WOULD MAINTAIN THAT FENCE FOREVER.

IF YOU SEE THE HOUSE AND YOU SEE THE PROPERTY, I, IF YOU, IF YOU LOOK AT IT AND DRIVE BY WHERE I PUT, THIS IS THE RIGHT PACE, EVEN THOUGH IT DOES NOT MEET YOUR ORDINANCE, IT'S IN THE CORNER VISUALLY, YOU CAN'T SEE IT, THE NEW HOUSE THEY PUT NEXT TO ME, IT'S THE GARAGE SIZE AND THERE'S NO WINDOWS VIRTUALLY.

NOBODY KNOWS IT'S THERE.

IT ONLY STICKS UP ABOVE THE FENCE ITSELF, MAYBE A FOOT AND HALF 18 INCHES.

AND, AND YOU CAN'T HARDLY SEE AT ALL.

THE OTHER THING THAT I'VE DONE IS I PUT A SECURITY LIGHT ON IT, SO THAT THAT WHOLE AREA COULD BE COVERED WITH A CAMERA.

I GOT A CAMERA ON IT TO, TO, TO ONE MONITOR THAT WHOLE SIDE OF THAT STREET.

SO AGAIN, I, I FAILED TO DO THE ZONING.

I LEARNED MY LESSON, BUT I'M ASKING FOR REPAIRING.

ALL RIGHT, MR. HARPER, OBVIOUS.

UM, I WENT BY THERE TODAY AND I HAD TO VISUALIZE EVERYTHING I DO.

AND I REMEMBER THE HOUSE.

I REMEMBER, UH, LOOKING AT THE SHED, UH, ON A PREVIOUS ROUTE WE HAD, UH, ATTEND TO.

AND IT'S BEEN THERE FOR AWHILE.

YES, SIR.

THE WAY THAT IT WAS READING, THE WAY I READ IT, I THOUGHT YOU WAS GETTING READY TO TRY TO INSTALL A NEW SHED, BUT YOU'RE TALKING ABOUT THIS EXISTING SHED THAT SITS RIGHT THERE TO THE CORNER OF THAT FIT.

YOU SEE YOUR HOUSE AT NEIGHBOR'S HOUSE? YES, I, I, LIKE I SAID, I BUILT IT RIGHT WHEN I MOVED IN TWO YEARS AGO BEFORE THERE WAS NO RYAN HOMES AROUND ME WHATSOEVER.

THERE WAS NOTHING THERE.

IT WAS JUST OPEN FIELD.

AND AGAIN, AGAIN, I TALKED TO THROUGH A CIVIL ENGINEER BECAUSE I WAS WORRIED ABOUT THE SLOPE AND THERE WAS GOING TO PAWN TO THE WEST, WHICH THEY DID DO.

AND I WANTED TO MAKE SURE THAT THE I DIDN'T IMPINGE ON INFRINGE UPON THAT CULVERT THAT THEY PUT IN.

ALL RIGHT, SIR.

THANK YOU VERY MUCH.

THANK YOU.

YES.

I NEED A MOTION TO APPROVE.

I MAKE A MOTION TO APPROVE.

CAN I GET A SECOND? I'LL GO AHEAD AND THE SECOND, BUT I'M STILL VERY ADAMANT ABOUT HOW IT WAS DONE AND I'M GOING TO GO AHEAD AND MAKE US EMOTIONAL, UM, MAKE A MOTION THAT THE SECOND WAS IT THE FLOOR, IF YOU PLEASE READ THE BARRIER, EXCUSE ME FOR ME, PLEASE.

WHETHER THE PROPERTY IN QUESTION WILL A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE.

YES.

WHETHER THE VARIANCE IS SUBSTANTIAL.

[00:15:01]

NO.

WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER ADJOURNING 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 THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION.

NO, WHETHER THE PROPERTY OWNERS PREDICAMENT FEASIBLY CAN BE OBVIATED THROUGH SOME OTHER METHOD OTHER THAN THE VARIANCE.

NO.

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

YES.

THANK YOU, MR. FLORA, MADAM SECRETARY, PLEASE CALL THE ROAD.

MR. FLORA.

YES.

MS. NEWBIE.

YES.

MR. STEWART.

YES.

THAT WAS THREE ZERO.

UM, YOU WOULD GET YOUR, YOUR LYFT LARD AND GET YOUR, UM, IT, ANY TYPE OF NECESSARY PAPERWORK TO JUSTIFY FOR THE FUTURE.

UM, YOU KNOW, THE PERMIT IS, IS VALUABLE WHERE YOU HAVE YOUR SHED.

WE, YOU KNOW, THAT'S, IT'S BEEN STATIONARY THERE FOR TWO YEARS.

I'VE SEEN IT, BUT MY POINT IS, UM, I'M GLAD YOU CAME TO GET THE PERMIT, BUT, UH, YOU KNOW, UH, THIS IS NOT SOMETHING WE TAKE LIGHTLY, SIR.

I SHOULD HAVE KNOWN.

OKAY.

ALL RIGHT, SIR.

YOU KNOW, MY THING IS, IT WAS VERY HARD FOR ME.

I WANTED TO VOTE NO ON, TO BE QUITE HONEST WITH YOU.

BUT THE THING OF IT IS, IS BECAUSE, UM, WE HAVE HAD SEVERAL OTHER CASES LIKE THIS AND YOU KNOW, W YOU SAID IN THE PRESS, IF WE DO IT FOR ONE, WE'VE GOT TO DO A FULL, OTHER THAN THAT, WE JUST WANT TO BE STRAIGHT ACROSS AS A BOARD MEMBER.

I WANT TO BE STRAIGHT ACROSS THE BOARD.

ANYTIME TIME SOMEONE COME IN HERE.

AND IT'S JUST THAT I'M SEEING A LOT, PEOPLE DOING ARBITRARILY, DOING STUFF.

THEN AFTER THE FACT, THEY WANT THE BOARD TO GIVE THEM LENIENCE.

AND MR. MANAG, YOU TAKE CARE OF HIM, BUT HE ALREADY HAS BEEN ISSUED AS PERMITTED.

UH, I'LL NOTIFY THE, UH, GREG, THE ZONING OFFICER THAT HE CAN MOVE FORWARD.

ALL RIGHT.

THANK YOU, SIR.

ALL RIGHT.

THE MATTER OF BUTTONING UP SOME PAPERWORK WON'T HAPPEN YET.

THANK YOU.

NOW WE SHOULD MOVE ON TO BZA CASE 2017.

THE APPLICAT CORETTA TINS DOLL IS REQUESTING A VARIANCE FROM SECTION 1190 1.01 LOCATION FOR THE PLACEMENT OF AN A SENSORY BUILDING PROPERTY IS LOCATED AT 42 18 SILVER OAK WAY.

MR. MILAN.

YES, SIR.

MR. CHAIRMAN, THE, UH, PROPERTY IS OWNED AT PLANNED RESIDENTIAL AS ALL THE SURROUNDING PROPERTIES ARE.

UH, AS YOU MENTIONED, THE APPLICANT'S REQUESTING A VARIANCE OF THE CITY OF HUE, BRIDES ZONING CODE PERTAINING TO THE LOCATION OF THE STORAGE BUILDING.

THE APPLICANT WAS FOUND TO HAVE A NON PERMITTED MEANING NO PERMIT WAS APPLIED FOR NOR ISSUED ACCESSORY BUILDING PLACED AGAINST THE SIDE OF THE HOUSE.

THE APPLICANT WISHES TO HAVE THE BUILDING REIGN IN ITS CURRENT LOCATION.

BEFORE ZONING CAN ISSUE A PERMIT.

THE BUILDING IS REQUIRED TO BE LO RELOCATED AND PROPERLY PLACED.

DO YOU EVER HIDE CITY CODE REGARDING YOUR ACCESSORY STRUCTURES READS AS FOLLOWS SECTION 1191 OH ONE LOCATION IN ANY 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 ANY REAR YARD, NOT WITHIN FIVE FEET OF THE SIDE AND REAR LOFT LINES IN ORDER FOR ANY STRUCTURE TO BE CLASSIFIED AS ACCESSORY BUILDING SHALL BE AT LEAST FIVE FEET FROM ANY PERMANENT STRUCTURE.

STAFF ANALYSIS IS THE LOT IS APPROXIMATELY A QUARTER OF AN ACRE.

A UTILITY EASEMENTS WILL NOT BE IMPACTED BY THIS VARIANCE.

THE STRUCTURE IS A SINGLE FAMILY HOME.

UH, THE PLACEMENT IS CURRENTLY AGAINST THE WEST SIDE OF THE HOUSE.

UH, ENGINEERING DEPARTMENT DID NOT HAVE ANY ISSUES WITH THIS VARIANCE REQUEST.

I CAN ANSWER ANY QUESTIONS YOU MIGHT HAVE.

DO Y'ALL HAVE ANY QUESTIONS FOR STAFF? NO QUESTIONS, NO BIG

[00:20:01]

SEMINAR, SIR.

I HAVE A QUESTION.

NO, SIR.

I'M CONCERNED.

UM, BUT I WOULDN'T LIKE TO WAIT UNTIL THE LOCKED OUT HERE.

UH, THE REPRESENTATIVE, THE HOMEOWNER, UM, MS. CORETTA TYNDALE, WILL YOU STAND UP AND SPEAK? IT'S NOT YOU.

NOPE.

OKAY.

YOU'RE NOT HERE.

NO, ONE'S HERE TO REPRESENT US.

WELL, THE THING IS MAILLARD DID WHERE HE'S LOCATED AND HE SUMMARY AND ANALYSIS OF THE APPLICANT, AS WELL AS WHAT Y'ALL HAVE SEEN.

UM, I CAN'T APPROVE THIS AND IT TAKES THREE.

AND WHERE IT'S LOCATED IS IN MY SUBDIVISION.

WE HAVE BYLAWS, BUT BEING AS A CITIZEN ELECTED CHAIRMAN, ONCE I SAW THAT TODAY, THAT'S AUTOMATICALLY, NO, YOU CAN'T HAVE A SHED SITTING ON THE SIDE OF THE BUILDING, RIGHT.

ADJACENT TO THE HOUSE.

IT'S EITHER IN THE BACKYARD OR, YOU KNOW, OR EVEN BEHIND THE FENCE, THE WAY THAT IT'S SITTING.

AND SO I WOULD LIKE TO GET YOUR KIND OF INPUT IN WHAT YOU ACTUALLY LOOKED AT MR. MALARKEY, UH, WOULD YOU TALK TO, OKAY, WELL, I'LL HAVE TO REALIZE I HAVE OFFICERS IN THE FIELD THAT DO THE STORMING.

IT WAS FA IT WAS REPORTED TO ME BY ZONING OFFICER SPOTTED IT.

THANK YOU.

MY PEOPLE ARE PRETTY ATTUNED TO LOOKING FOR THINGS THAT THEY KNOW ARE OUT OF CHARACTER.

AND, UH, SO THERE WAS A, AND I BELIEVE YOU'VE GOT IT IN YOUR PACKET WAS THE RECORD OF THE VIOLATION HISTORY, BUT THE SHORT END OF IT IS SHE WAS SENT A LETTER ABOUT IT.

SHE NEEDED TO GET A PERMIT.

SHE NEEDED WOULD NEED TO RELOCATE THE STRUCTURE TO BECOME COMPLIANT WITH CODE IN ORDER TO BE ISSUED A ZONING CERTIFICATE.

UM, AND, UH, SHE, UH, EXPRESSED AN INTEREST IN LETTING IT STAY WHERE IT WAS.

SO, UM, WE EXPLAINED TO HER, OF COURSE, WELL, YOU CAN CERTAINLY APPLY TO THE BOARD OF ZONING APPEALS, UH, FOR, UH, VARIOUS REQUESTS.

AND SHE DID, AND HERE WE ARE, THAT'S IT? YEAH.

I'VE GOT A COMMENT ON THAT PROBABLY GOES ALONG WITH YOUR THOUGHT PROCESS THOUGH.

UM, WELL, THE SHED RIGHT NEXT TO THE ACTUAL STRUCTURE, MOST PEOPLE PUT, UH, HAZARDOUS ITEMS IN THERE AND IF IT BECOMES REALLY HOT, THEY CAN BECOME FLAMMABLE, WHICH MAKES IT, UH, A HAZARD IN ITSELF TO THE, THE HOMEOWNER, NO MATTER HOW PLEASING IT IS, AND TO BE FIVE FEET AWAY, IF THAT'S A MOVABLE SHED, THAT'S WHAT SHOULD HAPPEN.

AND IT DOESN'T LOOK LIKE IT'S ON ANY POOR CONCRETE WHATSOEVER.

IT'S JUST SITTING IN THE YARD.

SO I THINK IN THIS INSTANCE, I AM OF AGREEMENT WITH YOU, DAWN, THAT IT SHOULD BE AT LEAST FIVE FEET FROM THE STRUCTURE, SIMPLY FOR SAFETY REASONS.

YOU GET ONE HOUSE TO START GOING UP IN FLAMES BECAUSE OF HAZARDS THAT ARE IN A SHED.

THERE'S MORE THAN THAT.

AND I, AND, UH, I HAVE NO OPINION ON THIS.

THAT'S YOUR DECISION ALSO, IT IS IN THE SIDE YARD, NOT THE REAR YARD, RIGHT? SO WHAT'D YOU SAY IT'S IN THE SIDE YARD, NOT THE REAR YARD, NOT ONLY IS IT TOO CLOSE TO THE BUILDING AND IT IS ON THE SIDE OF THE, OF IT'S IN THE SIDE YARD.

ALL RIGHT.

SO THERE'S NO REPRESENTATIVE FOR THIS PCA CASE.

SO THAT'S, THAT'S THE CONCERN THAT I HAVE ALSO, IF YOU'RE GOING TO BE ADAMANT WHAT YOU WANT, AND I KNOW THINGS ARE HAPPENING, THAT PEOPLE CAN'T COME WELL, IF YOU FIRMLY BELIEVE, OR YOU WANT TO ADDRESS YOUR OPINION ON THIS, COME TO US.

AND YOU KNOW, SO IT'S LIKE, WE JUST DO THIS BECAUSE WE GOT TO ON THIS PART OF IT.

SO I'M GETTING VERY LEERY OF ANY MENTORS THAT DON'T COME BEFORE US WITH THESE CONCERNS, WHEN ZONING GO OUT AND DOING THEIR JOB, YOU KNOW, THERE'S SUCH AN INCONSISTENCY.

NOW, ALL OF A SUDDEN PEOPLE ARE DOING WHAT THEY WANT TO DO AND NOT COMING BEFORE THE SICK.

SO I REALLY HAVE CONCERN, RIGHT.

I MAKE A MOTION TO GO AHEAD AND ROLL ON THIS.

UM, EVEN THOUGH THAT THE OCCUPANT ISN'T HERE, WE GOT TO GIVE IT A SECOND.

OKAY.

I'M SORRY.

I MAKE A MOTION TO APPROVE.

YEAH.

I'LL MAKE A MOTION TO APPROVE.

DID YOU MAKE THE MOTION? YOU GOT A SECOND.

IF YOU, YOU SAID NO, I'M GET A SECOND.

OKAY.

OKAY.

ALL RIGHT.

LET'S DO THE FLOOR.

WHEN YOU READ THE VARIOUS POLICE, WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN, OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT

[00:25:01]

THE VARIANCE.

YES.

WHETHER THE VARIANCE IS SUBSTANTIAL.

YES.

WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED, OR WHETHER ATTORNEY PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.

NO, WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICE, SUCH AS WATER, SANITARY, SEWER, OR GARBAGE REMOVAL.

SO WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THESE ZONING RESTRICTION, NO, WHETHER THE PROPERTY OWNERS PREDICAMENT FEASIBLY CAN BE OBVIATED THROUGH SOME OTHER, SOME METHOD OTHER THAN A VARIANCE.

NO.

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

NO, THANK YOU, MR. FLORA, MADAM SECRETARY, PLEASE CALL THE ROW.

OKAY.

MR. DE FLORA.

NO.

OKAY.

NO, MR. STEEL.

NO.

SO THERE WE'LL HAVE TO RELOCATE FOR SUBMITTING THE PACKAGE TO US, MADAM SECRETARY.

SO THAT CASE FAILED THREE TO ZERO.

YES MA'AM.

THANK YOU.

ARE WE GOING TO MOVE ON NOW TO BZA CASE 2018, THE APPLICANT'S TODD AND JONI OLIN HOUSE.

THERE ARE REQUESTING THE VARIANCE FROM SECTION 1193 DASH OH TWO RV PARKING.

THE PROPERTY IS LOCATED AT 48 69 MIDDLE VISTA ROAD, MR. MILAN.

YES, SIR.

UM, THE AREA IS ALL RESIDENTIAL ZONE TO PLANNED RESIDENTIAL.

UH, THE APPLICANT'S REQUESTING A VARIANCE OF SECTION 1190 3.02 REGARDING OFF STREET PARKING AND RESIDENCE, NO DISTRICTS, UH, TO QUOTE THE CODE, NO OFF STREET PARKING AND ANY RESIDENCES AT RESIDENTIAL ZONING DISTRICT SHALL BE PERMITTED FOR ANY TRAILER, RECREATIONAL VEHICLE BOAT IN OPERATIVE OR UNLICENSED, MOTOR VEHICLE CONSTRUCTION OR FARM EQUIPMENT, OR ANY VEHICLE DESIGNER CONSTRUCTED TO PROVIDE SEATING FOR MORE THAN NINE PEOPLE, EXCEPT AS FOLLOWS EACH SUCH.

OBJECT IS SUBSEQUENTLY REFERRED TO AS A VEHICLE SECTION 1190 3.02 B EIGHT STATES.

THE VEHICLE SHALL BE PARKED ON A CONTINUOUS HARD SURFACE EQUIVALENT AND STRENGTH TO THE EXISTING DRIVEWAY.

SECTION 1190 3.02 C STATES.

IF THE MEASUREMENTS ARE TERRAIN OF THE SIDE, YARD AND BACKYARD ARE SUCH THAT NO NEITHER ONE CAN ACCOMMODATE THE VEHICLE.

OR IF THERE IS NO REASONABLE ACCESS TO SIDE OR REAR YARD THAT CAN ACCOMMODATE THE VEHICLE, SUCH A VEHICLE MAY BE PARKED ON THE DRIVEWAY IN THE FRONT YARD.

THE CORNER LOT IS ALWAYS DEEMED TO HAVE REASONABLE ACCESS TO THE REAR YARD.

AND A FENCE IS NOT NECESSARILY DEEMED TO PREVENT REASONABLE ACCESS A STAFF ANALYSIS OF THE SITUATION.

THE LOT IS APPROXIMATELY A QUARTER ACRE UTILITY EASEMENTS WOULD NOT BE IMPACTED.

IT'S A SINGLE FAMILY HOME.

SHOULD IT BE PARKED IN THE FRONT DRIVEWAY AS A RESULT OF THIS? IT WOULD HAVE TO BE AT LEAST 12 FEET BEHIND THE CURB AT ALL TIMES, WHEELS WOULD HAVE TO BE CHOCKED AS WELL.

THE ENGINEERING DEPARTMENT WOULD GRANT A SECOND CURB CUT FOR ACCESS TO A REAR YARD DRIVEWAY AND SLAB.

SHOULD THE REQUEST ARISE? UH, ANSWER ANY QUESTIONS.

YOU MIGHT HAVE NO QUESTIONS WITH NUVEEN, MR. MAZARRA LOOKING AT THIS.

UM, AND THEN WE WILL HAVE THE OCCUPANT, THE APPLICANT SPEAK.

THERE WERE TWO SIDES, OBVIOUSLY BECAUSE CORNER LIGHT, UM, ONE COMING AROUND THE CURVE AROUND THE BED.

UM, BECAUSE IT WAS SAYING THAT THE PAD HAD TO BE THE LIP OF THE SIDE OF THE HOUSE.

NO.

UM, IN ORDER FOR A RECREATIONAL VEHICLE TO BE PARKED ON, UM, UH, UH, PROPERTY, IT HAS TO BE IN A REAR OR SIDE YARD ON THEIR DRIVEWAY.

HOWEVER, THE CORNER HOUSE HAS TWO FRONT EDGES, SO THERE ARE TWO FRONT YARDS HERE.

SO IN THIS SITUATION, IF THEY WERE TO PARK IT ON A SLAB, THAT SLAB WOULD HAVE TO BE LOCATED TO THE REAR OF THE HOUSE BEHIND THE SOUTH FOUNDATION,

[00:30:01]

WHICH IS ACTUALLY THE SECOND FRONTAGE WITHIN THAT AREA, WHICH WOULD THEN REQUIRE, WOULD NOT REQUIRE A DRIVEWAY TO BE INSTALLED.

RIGHT? UH, HOWEVER, MOST RECREATIONAL VEHICLES THAT ARE FULLY ENCLOSED, YOU DON'T WANT TO DRIVE IT OVER THE GRASS AS A RULE, THEREFORE, UM, THAT WAS THE REQUEST FOR THE ABILITY TO PARK IN THE FRONT.

AND BECAUSE THERE IS A REASONABLE ACCESS TO THE REAR YARD WHILE I CAN GRANT DISPENSATIONS TO FOLKS, IF THERE IS NO REASONABLE ACCESS, THIS WOULD NOT, UH, WOULD NOT QUALIFY FOR THAT SPECIAL DISPENSATION BECAUSE THERE IS ACCESS.

OKAY.

OKAY.

THANK YOU, SIR.

YOU'RE WELCOME.

UM, WHO WOULD LIKE TO BE FIRST AND THEIR REPRESENTATIVE? TYLER JONI? YES.

MY NAME IS TODD OHLHAUSEN, 48 69 MEADOW VISTA.

YES.

OKAY.

UM, THE WAY THE HOUSE IS SITUATED, UH, FOR THE SETBACK, IT'S SUCH A, UH, IT'S 25 FEET FROM THE CORNER OF THE HOUSE, WHICH MEANS MY DRIVEWAY IS ABOUT 25 FEET LONGER THAN MY NEXT DOOR NEIGHBOR'S DRIVEWAY.

SO I CAN PARK OUR RV ON OUR DRIVEWAY AND IT'S STILL NOT STICK OUT PAST WHERE A NORMAL CAR IS IN HIS DRIVEWAY.

SO I STILL HAVE ROOM BEHIND MY RV TO PARK A SMALL KIA RIO SEDAN AND STILL NOT COME ACROSS THE SIDEWALK AT ALL.

SO THERE THERE'S PLENTY OF ROOM TO DO THAT.

UM, I HAD TALKED TO THE INSPECTOR AND, AND WE TOOK A LOOK AT THE PLAT MAP FOR LACK OF A BETTER TERM.

UM, AND TO COME IN ALONG THE S TO, TO GET TO THE BACKYARD, WE HAVE TO GO, IT WOULD BE A LONG, IT WOULD BE ABOUT A HUNDRED FOOT LONG DRIVEWAY BECAUSE THE HOUSES AT THE AG ONE, I HAVE TO GET PAST THE SIDE.

SO TO GET PAST THE SIDE, WHAT'S CONSIDERED THE OTHER FRONT OF THE HOUSE.

I HAVE TO COME FROM THE STREET ALL THE WAY IN, AT THE STREET.

THERE'S A TELEPHONE POLE RIGHT AT THAT CORNER.

SO I HAVE TO COME UP FROM THE TELEPHONE POLE TO PUT A DRIVEWAY OR, OR TO PUT A PLAN IN ORDER TO PUT A PAD THERE.

SO WE'RE TALKING ABOUT SOMETHING, A DRIVEWAY WITH PAD, BIG ENOUGH TO PUT THIS ON AND GET IT PAST THE SIDE OF THE HOUSE, ABOUT A HUNDRED FEET LONG.

AND IT WOULD HAVE TO BE ABOUT 10 FEET WIDE AND THE SIDE YARD IS SLOPED.

SO IT WOULD BE A MAJOR CONSTRUCTION TO TRY TO, TO PUT THIS ON.

OKAY.

I, IN OUR, IN OUR REQUEST THAT FIRST OF ALL, THIS WAS, THIS WAS A TEMPORARY PURCHASE TO SEE IF WE WANTED TO DO THE RV THING.

MY WIFE AND I ARE RETIRED MILITARY, WE'VE GOT A DAUGHTER THAT'S IN THE AIR FORCE.

HIS SON THAT'S IN THE NAVY, PRETTY MUCH GOT THEM ALL COVERED.

UH, AND, AND THE GOAL WAS TO SEE IF WE WANTED TO DO THIS RV TO GO VISIT OUR KIDS ON A REGULAR BASIS.

OUR DAUGHTER JUST MOVED FROM RIGHT PAT TO SCOTT AIR FORCE BASE NEXT TO ST.

LOUIS.

IT'S NICE TO HAVE THAT.

SO WE COULD GO SEE OUR GRANDDAUGHTER.

OUR SON IS DOWN IN SOUTH CAROLINA AT GOOSE CREEK AT THE SUB BASE DOWN THERE.

HE'S AN ENGINEER, A REACTOR OFFICER DOWN THERE.

UM, SO LIKE I SAID, THE, THE REASON FOR PURCHASE TO SEE IF THIS WAS SOMETHING WE WANTED TO DO, WE DID NOT SINK A LOT OF MONEY INTO A 2001 RV IT'S IN GREAT SHAPE.

IT RUNS GREAT, BUT IT WAS A TEST TO SEE IF THIS WAS SOMETHING WAS GOING TO WORK FOR US.

UH, LAST MONTH WE WERE GONE FOR 21 DAYS, SO IT WAS ONLY PARKED IN THE DRIVEWAY 10 DAYS AND IT WAS ON OUR SOLID DRIVEWAY.

OKAY.

ARE THERE ANY QUESTIONS FOR ME? NOPE.

OKAY.

THE ONLY, ONLY THING THAT WE HAVE TO, AND, AND, UH, LET ME LET YOUR WIFE SAY WHAT SHE HAS TO SAY.

I LIKE TO INTERJECT, UH, JOANIE OHLHAUSEN.

UM, THE ONLY OTHER THING I WAS GOING TO ADD IS THAT WE HAVE, WE HAVE, UM, SPOKEN TO OUR NEIGHBORS KIND OF, UM, THE, THE COUPLE THAT LIVE, TWO COUPLES THAT LIVE DIRECTLY IN FRONT OF US, UH, MEADOW VISTA, AND THEN IT CHANGES TO LODGE THE UI.

I BELIEVE.

UM, THEY, THEY'RE THE ONES WHO ACTUALLY, UH, SENT, UM, SIGNED THE LETTERS AND, AND SUPPORTED US.

UM, THE OTHER TWO NEIGHBORS, THE ONE CLOSEST TO US, AND THEN ACROSS THE STREET, THEY'RE BOTH RENTERS.

SO, UM, THEY'RE VERY SUPPORTIVE AND THEY HAVE NO CONCERNS WITH US PARKING THAT, UH, YOU KNOW, PARKING THE VEHICLE THERE.

UM, THEY, THEY DIDN'T FEEL COMFORTABLE.

THEY SENT IT ON TO THE ELDERS.

THEY DIDN'T FEEL COMFORTABLE SIGNING IT ON BEHALF OF THE OWNERS.

UM, SO I JUST DID WANT TO MENTION THAT AT LEAST OUR IMMEDIATE NEIGHBORS ARE VERY SUPPORTIVE OF, OF, YOU KNOW, PARKING THERE, UM,

[00:35:01]

AND DIDN'T HAVE ANY ISSUES AT ALL.

AND I, AND I THINK YOU, I THINK BOTH OF YOU, THANK YOU FOR YOUR SERVICE.

UM, COULD I ADD ONE THING, SIR? YES.

WHEN WE WERE FIRST NOTIFIED THAT THAT THIS WAS GOING TO BE AN ISSUE.

YEAH.

UM, THE FIRST THING I DID WAS WENT DOWN TO WRIGHT PATTERSON AIR FORCE BASE BECAUSE THEY HAVE A STORAGE LOT FOR RVS, UM, BECAUSE WE ARE USING OUR SO FREQUENTLY, IT DOES NOT MAKE SENSE TO WINTERIZE ALL THE WATER LINES, PUMP AIR, AND PUT EM IN ANTIFREEZE INTO EVERYTHING AND THEN HAVE TO PUMP IT OUT EVERY TIME WE USE IT AGAIN.

RIGHT.

AND THEN DO THE SAME THING WHEN WE COME BACK, UM, BECAUSE WE ARE, WE ARE USING THIS THING.

WE, IT, IT NEEDS TO, WE HAVEN'T PLUGGED INTO A ONE 10 OUTLET AND THAT, THAT RUNS A LITTLE 700 WATT HEATER THAT KEEPS IT FROM FREEZING ON THE INSIDE.

THAT THAT'S ALL IT REQUIRES AT RIGHT PATTERSON.

THAT IS NOT AN OPTION.

IT'S A STORAGE LOT.

YOU PUT IT IN BEHIND A FENCE.

YOU HAVE TO GIVE THEM 24 HOUR NOTICE IF YOU WANT TO TAKE IT OUT.

THE ONLY PROBLEM IS FOR RETIREES THERE'S A YEAR AND A HALF LONG WAITING LIST.

AND THAT IS FOR A MONTHLY CHARGE OF $35 NOW TO GO TO A CLOSE AREA AND TRY TO DO THE SAME THING, IT'S OVER $150, AND IT WOULD PRETTY MUCH MAKE IT JUST NOT WORTH TRYING TO MAINTAIN IT AND KEEP IT AND DO THE PROCESS OF EVERY TIME WE WANTED TO USE IT, WHICH WE'RE STILL SHOOTING AT TWO TRIPS FOR ABOUT A WEEK EVERY MONTH.

I APPRECIATE THAT.

AND THE, THE INSIGHT, YOU KNOW, UH, OF THE PLANS OF ATTACK, BUT WE HAVE TO ADHERE BY THE CODE.

UM, AND I DON'T WANT YOU, YOU CAN'T HAVE YOUR MOTOR HOME IN THE DRIVEWAY.

I'VE HAD SEVERAL CASES WITH THIS AND IF THERE'S ANOTHER WAY TO STILL BE ABLE TO LOCATE, UM, AND THIS IS THE LONG MOTOR HOME TOO, I SAW IT AND THE CAR WAS BEHIND IT.

BUT THE ONLY THING THAT I HAVE REALLY GOT TO SAY TO YOU, I SAT THERE AND LOOKED AT THE ENGINEERING, BUT AS ALSO THE LOCATION OF WHERE YOU'RE LOCATED, WHEN YOU SAID ABOUT BOTH SIDES, THE ONLY OTHER AREA IS THAT SIDE TO THE STREET, WHICH IS LONG ENOUGH FOR THE RV, BUT THAT'S ON THE HOUSE SIDE, NOT ON THE GARAGE SIDE.

THEN I LOOKED ON THE SIDE OF THE HOUSE VERSUS WHERE YOU HAVE A NICE STORAGE SHED BACK THERE IN THE BACK.

BUT THE ONLY THING, SIR, AND MA'AM, I WANT Y'ALL TO UNDERSTAND.

IT'S NOT BECAUSE WE DON'T APPRECIATE YOUR SERVICE AND YOUR LOVE FOR ONE ANOTHER AND FOR FAMILY, BUT WE CAN APPROVE THAT.

WE CAN NOT HAVE MOTOR HOMES IN A DRIVEWAY.

I APPRECIATE YOUR NEIGHBORS, BUT AS WHAT MATTERS COUNCIL SAID THERE, UM, IF WE START THIS, IT'S NOT JUST YOU.

UM, WE HAVE TO GO BY THE RAGS AND WELL, I CALLED IT THE BIBLE.

UM, AND IT TELLS US THAT THIS IS SOMETHING THAT WE CAN'T THEN IF THAT'S WHY I BROUGHT UP ABOUT THE PATH TO, UH, MR. MOLART, UM, AS FAR AS BEING ABLE TO SUPPORT, UM, THE, THE, THE UNIT, BUT FOR IT TO BE PARKED IN FRONT OF YOUR HOUSE AND I'LL LET THEM SPEAK.

BUT I JUST WANT YOU TO KNOW IT'S NOT SOMETHING THAT I'M TAKING LIGHTLY.

UM, YOU KNOW, I, AND SYMPATHIZE THE FACT, AS FAR AS THE AIRPORTS AND THE, WHAT THE BASE IS OFFERING YOU AND THE TIMELINE VERSUS TRYING TO GO PRIVATE, BUT I DON'T WANT TO DISCOURAGE YOU THAT YOU HAVE TO GET RID OF IT.

IT'S JUST THAT IT CAN'T BE IN THE DRIVEWAY AND NOT, YOU KNOW, I CAN'T TELL YOU WHAT TO DO WITH IT.

I GO AND TELL YOU WHAT'S IN THE RAGS.

AND I BROUGHT UP THE PAD BECAUSE THAT'S THE ONLY THING I ACTUALLY SAW THAT I WANTED TO INTERJECT TO MR. MALARA BEFORE I EVEN SPOKE TO YOU AND THE WIFE IS THAT SIDE TO THE ROAD.

IT WOULDN'T BE IN YOUR DRIVEWAY AND IT'S THE LENGTH OF YOUR HOUSE.

BUT LIKE HE SAID, THAT'S NOT THE ISSUE.

IT'S WHERE IT NEEDS TO BE, WHERE IT'S PARKED AT NOW VERSUS WHERE TO SHARE IT.

UM, IT JUST CAN'T BE IN YOUR DRIVEWAY.

AND THEN THERE'S NO OTHER WAY, MS. MALARKEY, DO YOU LIKE TO INTERJECT OR IS IT YEAH, CAUSE I JUST, THAT'S WHAT I'M JUST SAYING.

I WANT Y'ALL TO UNDERSTAND.

I WENT AND LOOKED AT IT, UM, READ EVERYTHING

[00:40:01]

AND I WAS LIKE, WELL, I WANT TO PUT MY EYES ON IT MYSELF AND I COULD NOT SEE, I BROUGHT UP THE PAD WITH, LIKE HE SAID, WELL, THAT'S UP TO Y'ALL UM, AS A HOMEOWNER, BUT AS FAR AS THAT RV SITTING IN THE DRIVEWAY, SORRY, SIR.

AND MA'AM, EVEN THOUGH I DON'T HAVE A SIDE AND, AND MY DRIVEWAY SETBACK SO THAT MY RV IS EQUAL TO MY NEXT DOOR NEIGHBOR, SIDEBAR, YOU MOVED EVERY, IF YOU MOVED THAT TO OUR ERP, EVERY THREE DAYS BY SOME OTHER EPISODES THAT I'VE ENCOUNTERED, THERE'S NOT A LOT CAN BE SAID BECAUSE IT'S MOVED, BUT IF IT SITS THERE PAST THREE DAYS, SOMEBODY COMPLAINED, UM, THEN THEIR DESK, THAT'S ANOTHER ISSUE OF, OF GETTING THE, UH, LAW ENFORCEMENT INVOLVED, BUT TO RESOLVE THAT, UM, I'M, I'M PERSONALLY IS GOING TO HAVE TO DENY THAT, SIR, BUT I KNOW KNOW, BUT I WANTED TO MAKE SURE, YEAH, WE GOT TO DO A DISCUSSION, BUT I WANT YOU TO UNDERSTAND THAT I DID THAT AND I DID IT BECAUSE THAT'S HOW I FEEL.

I WANT TO LOOK AT WHAT THE HOMEOWNERS ARE TRYING TO OFFER AN ASS OF US TO DO, BUT THEN WHEN I COME BACK TO THE BIBLE, IT'S LIKE, NO.

OKAY.

UM, SO, UM, NOW WE HAVE A SEAT.

UM, IS THERE ANYTHING ELSE MS. BLUE NEWBIE? NO, IT WASN'T YOUR FLOOR, UH, JUST CLOSE FOR DISCUSSION.

YEAH.

YEAH.

THAT'S WHAT HE SHOULD'VE BEEN CLOSED.

OKAY.

ALL RIGHT.

WHAT ARE YOU DOING MS. NEWBIE? I'M THE BABY.

I MEAN, YOU KNOW, BECAUSE HERE WE SAY, WE SIT IN A PRECEDENT WHEN THEN IF YOU DO IT, WE COULD'VE DONE IT WITH THE FIRST CATS.

OKAY.

EITHER IF WE'RE GOING TO BE CONSISTENT, YOU KNOW, AND I'M KIND OF, I'M LEANING TOWARDS THE RESIDENTS BECAUSE WE HAVE SET A TONE HERE TONIGHT WITH THE FIRST GENERAL I GOT TO DO WHAT I THINK IS RIGHT.

SO MY THING IS I, AT THIS POINT, HOW MANY TOWARDS THE OWN HOMEOWNERS, BECAUSE IT'S ALMOST SIMILAR, SAME CASES, SITUATIONS, AND WE'LL, YOU KNOW, RIGHT.

IS RIGHT.

WRONG IS WRONG, YOU KNOW, AND WE JUST, WE HAVE TO BE CONSISTENT IN THE DECISIONS THAT WE MAKE, BECAUSE IF WE DON'T BE CONSISTENT IN DECISIONS THAT WE MAKE, THEY CAN COME BACK FOR THE CITY.

WE DO NOT.

MR. CHAIRMAN, IF I MAY.

YES, SIR.

UM, TWO THINGS I WOULD, I WANT TO, TO MENTION, AND I DON'T WANT ANYONE TO MISUNDERSTAND THE IMPLICATION OF THE REQUIREMENT THAT SOMETHING BE PARKED IN A SITE OR A YARD BECAUSE THIS PROPERTY DOES NOT HAVE MUCH OF A REAR YARD BECAUSE THAT REAR YARD IS GOBBLED UP BY THE SECOND FRONT.

SECONDLY, I DON'T BELIEVE THIS BOARD SETS PRECEDENT.

I BELIEVE THAT DEALS WITH EACH CASE UPON ITS OWN MERITS.

UNDERSTAND MS. NEWBIES CONCERN.

I SHARE CONCERNS FOR FOLKS WHO SAY, WELL, THEY, THEY DID IT FOR MY NEIGHBOR.

THEY'LL DO IT FOR ME, BUT I CAN REMEMBER A PRIOR CHAIRMAN OF THIS BOARD SAYING THAT THIS BOARD DOES NOT SET PRECEDENT.

UM, WE DECIDE EACH CASE ON ITS OWN MERITS INDIVIDUALLY.

AND THAT'S WHAT A MARIAN SAYS.

UM, AND I SIMPLY WANTED TO POINT THAT OUT.

I HAVE NO OPINION ON THIS.

I APPRECIATE IT.

WE WILL DO WHATEVER THE BOARD DIRECTS US TO DO.

THANK YOU.

THANK YOU, SIR.

IT WAS THE FLORIDA.

YEAH.

I'VE GOT A COUPLE OF THINGS TO POINT OUT.

UM, IT DOESN'T NECESSARILY SIT ON A CORNER, A DEFINED CORE LOT.

IT'S ON THE SAME STREET.

IT'S NOT TWO DIFFERENT STREETS.

SO THERE'S THAT.

IF YOU LOOK AT THE PICTURE ITSELF WHERE RVS ARE NORMALLY PARKED, THEY HAVE NO ROOM TO BUILD OVER ON THAT SIDE.

SO, UH, BECAUSE THEY CAN'T EXTEND BEYOND THAT.

I BELIEVE THE EXTENSION TO THE SIDE WAS MADE SO THAT YOUR SIDEWALKS CAN BE CLEAR.

UH, THIRD THING IS PARKING IN THE BACK.

I HAVE, I, I DON'T KNOW WHAT THAT'S GOING

[00:45:01]

TO DO FOR THE DRAINAGE.

IF YOU PUT, UM, A DRIVEWAY THAT GOES STRAIGHT FROM THE BACKYARD, STRAIGHT TO THE STREET, WHAT'S IT GOING TO DO TO THE SIDEWALK? NOW YOU GOT MORE WATER GOING TO THE SIDEWALK.

WHAT'S IT GOING TO DO TO THE CURB? WHAT'S IT GOING TO DO TO THE STREET THERE, THERE'S MORE EROSION WHERE, WHEN THEY FIRST DEVELOPED THIS PLAQUE, THEY DIDN'T ACCOUNT FOR THAT.

AND IT'S ON A CORNER.

SO THERE'S, I DON'T KNOW IF YOU'VE SEEN A LOT OF CORNERS WHEN THEY DO EXTRA STUFF TO IT, YOU HAVE EXTRA MUD, EXTRA PUDDLES.

AND THAT WOULD BE A CONCERN TO ME TOO, TO WHERE WE HAVE POTHOLES AROUND GOING AROUND THAT SIDE NATURALLY.

UM, THOSE ARE THE THINGS THAT STOOD OUT TO ME WHEN I'M, WHEN I'M LOOKING AT THIS, THE LAST THING I WAS THINKING OF, AND WE'VE DONE THIS BEFORE IS TO MAKE IT SO THAT THE VARIANCE GOES WITH THE OWNER.

SO IF THE OWNERS ARE SELLING THEIR PROPERTY, THE NEXT PERSON THAT COMES IN, IF THEY HAVE AN RV, THEY WOULD STILL HAVE TO COME BACK FOR A VARIANCE AGAIN.

SO THE VARIANCE IS STUCK WITH NOT JUST THE PROPERTY, BUT THE PROPERTY OWNERS AT THAT TIME.

SO WHAT YOU'RE SAYING, IF W WHATEVER WAY WE GO WITH THIS, THIS JUST BE SPECIFICALLY FOR THE, THIS PROPERTY OFF.

CORRECT.

OKAY.

SO IF THEY SELL IT FOR ONE, THEY SELL THAT, THAT, UH, VERUS IS NOT AS NOT GOOD.

THEY WOULD HAVE TO COME IF THEY HAD IT.

IF, UH, IF THEY HAD RV, THE NEXT PROPERTY OWNER, YOU CANNOT BE TRANSFERRED TO THE NEW OWNER.

RIGHT.

THAT'S WHAT I FEEL BE BETTER.

YEAH.

I BELIEVE THAT WOULD HAVE BEEN RECORDED IN THE BEARINGS RECORD.

IT WOULD TO BE PACIFIC IN THERE.

YES.

MA'AM BECAUSE TYPICALLY A VARIANCE IS A PERMANENT STATE OF AFFAIRS, BUT IF WE STIPULATE THAT IF THE BOARD STIPULATES THAT, THEN THAT'S HOW IT WOULD BE HANDLED.

WE'VE WE'VE DONE THAT ONE OTHER TIME AS WELL WITH THAT, THEN SECRETARY, UM, WE INCLUDE IT, THE MARRIOTT'S RECORDED INTO THE RECORD.

OKAY.

OKAY.

ALL RIGHT.

UM, THEN LET'S MAKE A MOTION TO APPROVE.

I'LL MAKE A MOTION TO APPROVE THE VARIANCE STIPULATION WITH THE STIPULATION THAT THE VARIANCE IS TIED TO THE OWNER OF THE PROPERTY.

AS LONG AS THE OWNERS RESIDE AT THE PROPERTY, I GET A SECOND.

I WILL SECOND THAT MOVING.

WAS IT A FLORA? WILL YOU PLEASE, SIR, READ THE VARIANCE? WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE.

YES.

WHETHER THE VARIANCE IS SUBSTANTIAL.

NO.

WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED, OR WHETHER ADJOURNING PROPERTIES WOULD SUFFER A SUB SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.

NO ONE OF THE VARIANTS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY, SEWER, OR GARBAGE REMOVAL.

NO.

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

YES.

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

NO.

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

YES.

THANK YOU, SIR.

MADAM SECRETARY, PLEASE CALL THE ROAD.

MR. FLORA.

YES.

YES.

MR. STEWART, YOU ASKED WHAT THE VARIANCE, INCLUDING STIPULATION, STIPULATION.

OKAY.

AND I WILL SAY YES.

AND THAT WAY YOU CAN LEAVE YOUR RV THERE, YOU'LL GET THE NECESSARY, UM, PERMIT CERTIFICATE TO SHOW, BUT INDIVIDUALLY IT WON'T BE WHERE YOU CAN TRANSFER IT ONCE YOU AND THE WIFE DECIDED TO RELOCATE.

THIS IS JUST LIKE YOU SAY YOUR CASE.

AND THANKS TO THE CHAIRMAN, THEY HELPED ME SEE A LITTLE MORE LIGHT THAN WHAT I SAW.

SO FOR, UM, THAT WAS VERY PERSUASIVE AND VERY FORMATIVE ON BOTH THEIR PARTS.

SO, UM, IT HAD BEEN APPROVED, SIR.

AND MA'AM, AND I'VE BEEN THERE.

I'VE ALREADY ENTERED IT INTO THE PERIMETER RECORD IN OUR DATABASE.

I THANK YOU VERY MUCH, MS. MILAD.

[00:50:05]

I DON'T PLAN ON LEAVING EITHER.

YOU'RE WELCOME.

HAVE A BLESSED.

ALL RIGHT.

IS THERE ANY, UH, UH, ANY ADDITIONAL BUSINESS? YES, THERE IS.

I NEED TO MAKE A MOTION TO APPROVE THE 20, 21 NEW MEETING CALENDAR.

YES.

I JUST WANT TO BRING UP AGAIN.

UM, THE TIME OF MEETING, THAT'S OPEN TO BE CHANGED, UM, WHERE WE USED TO MEET AT SEVEN, WE HAVE TO, TO SIX 30.

DO YOU WANT TO LEAVE AT SIX 30? DO YOU WANT TO MOVE IT TO SIX? WHATEVER YOU ALL WOULD VOTE ON A NEW YEAR'S.

WE'RE HERE, JERRY AND I ARE HERE.

SO, SO FOR ME, SIX 30, WHAT'S THE FLOOR TO YOU? UH IT'S UH, IT'S NEITHER HERE NOR THERE FOR ME, SO, OKAY.

WELL, THAT'S, I LEAVE AT SIX 30, THE REASON, BECAUSE THAT WAY IT'S NOT TOO LATE, BUT WE GET OUT OF HERE AND TO GIVE PEOPLE IF THEY WANT TO COME IN FROM WORK TO SPEAK TO US, ARE WE GIVING THEM THEIR CONSIDERATION OF SIX 30? ALL RIGHT.

ALL RIGHT, MAN.

I'M SECRETARY.

OKAY.

SO, SO THE DATES ARE THERE.

THEY JUST FALL FIND THE, UM, THE FIRST WEDNESDAY, UM, AT ONE TIME, LIKE THE, UH, JANUARY AND JULY, WHEN HAD TO BE CHANGED BECAUSE OF THE HOLIDAYS.

I DON'T BELIEVE ON THIS YEAR'S CALENDAR.

OKAY.

ALL RIGHT.

I NEED TO MAKE A MOTION TO APPROVE THE 20, 21 MEETING CALENDAR.

I MOVED THAT, UH, 20, 21 WE CAN COUNT ON CALENDAR WILL BE APPROVED WITH THE TIME BEING AT 6:30 PM.

UM, THE FIRST WEDNESDAY OF THE MONTH, THE 2021.

THANK YOU.

CAN I GET A SECOND? I SECOND.

THANK YOU, MR. FLORA, MADAM SECRETARY, PLEASE CALL THE ROAD.

MR. FLORA.

YES.

MISS NEWBIE, MR. STEWART.

YES.

THANK YOU.

WE HAVE GOT THINGS SET UP FOR 2021, RIGHT? UH, APPROVAL OF MINUTES WITHOUT OBJECTION.

THE MINUTES FROM THE OCTOBER SEVEN 2020 BZA MEETING THE ARE APPROVED.

NO OBJECTIONS, NO OBJECTIONS AND OBJECTIONS.

OKAY.

NO ROLL CALL IS NEEDED.

AND NOW WE GOT THE UPCOMING MEETING, WHICH IS WEDNESDAY, DECEMBER THE SECOND.

SO AGAIN, YOU CAN TAKE A VOTE ON THAT.

A LOT OF TIMES THE DECEMBER MEETINGS ARE CANCELED BECAUSE THE HOLIDAY MONTH, RIGHT NOW WE DO HAVE ONE POTENTIAL CASE.

SO IT WOULD BE COMING IN FOR THAT ONE.

OR IF YOU WANTED TO, UH, CANCEL THE DECEMBER MEETING, WE WOULD MOVE THAT POTENTIAL CASE TODAY.

YEAH, YOU'RE WORRIED.

UH, I'VE GOT NO OBJECTIONS TO THE DECEMBER CASE.

I DON'T HAVE ANYTHING COMING UP DURING THE WEEKS.

YOU KNOW WHAT WE'D WANT TO LINGER ON FOR THE START.

AND THE SECOND IS EARLY IN THE MONTH.

SOME OF THOSE MEETINGS THAT ARE LATER IN THE MONTH KIND OF MOVE THOSE AROUND, BUT SO WE CAN KEEP THAT.

THEN THE NEXT MEETING WILL BE DECEMBER, DECEMBER THE SECOND, WHEN I COME UP TO AN OLD GERMAN.

AND IF THERE'S NO OTHER CONCERNS WE HAD, UM, DANIEL, YO RESIGN THIS, UH, THIS PAST MONTH.

RIGHT? SO YEAH.

SO THE PROCESS IS THEY DO, UM, POST THAT OPENING ON THE WEBSITE.

I THINK THEY ACTUALLY PUT IT ON FACEBOOK ALSO.

UM, APPLICATIONS ARE ACCEPTED IN, AND THEN THEY ACTUALLY DO DO SOME INTERVIEWS.

SO, UM, YES.

SO WE HOPE TO GET THAT, UH, PERSON IN PLACE.

OKAY.

YEP.

THAT'LL WORK.

AND MR. ACCIDENTAL WORK, MR. DEAN IS GOING TO GET THE NEW CALENDAR AND MAKE SURE THAT OKAY.

ALL RIGHT.

WELL, IF THERE'S NOTHING ELSE, MR. MALARA, DO YOU HAVE ANYTHING, SIR? NO, SIR.