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OKAY.

[00:00:04]

YOU'D HAVE TO KNOW.

I SHUT OPEN

[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road March 3, 2021 6:30 P.M.]

CALL THE MEETING OF THE STATE OF HUBER HEIGHTS, BOARD OF ZONING APPEALS TO ORDER MADAM SECRETARY, PLEASE CALL THE ROLL.

MR. DEAN HERE.

MS. NEWBIE HERE, MR. STEWART PRESENT.

MAY I HAVE A MOTION TO APPROVE THE AGENDA? I MOVE THAT THE AGENDA FOR MARCH.

OH, THANK YOU.

WITHOUT OBJECTION TO AGENDA FOR TONIGHT'S MEETING IS APPROVED AT THIS TIME.

WE'RE GOING TO 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 TO THE FOLLOWING OATH.

OKAY.

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.

THANK YOU, BC TO ANYONE THAT MAY WISH TO SPEAK TONIGHT.

AFTER THE CASE REVIEW AND STAFF REPORT HAS BEEN STATED, PLEASE STEP TO THE PODIUM, SPELL YOUR NAME FOR THE RECORD.

BEING THAT WE DON'T HAVE ANY OLD BUSINESS WE'RE GOING TO MOVE ON TO NEW BUSINESS BZA CASE 2104.

THE APPLICANT DAVID COX IS REQUESTING THE VARIANCE FROM SECTION 1140 2.05 AREA STANDARD DECREASED SIDE YARD SETBACK FOR CONSTRUCTION.

A ROOM ADDITION PROPERTY IS LOCATED AT 6,500 TAYLORVILLE ROAD.

MR. MALAR.

THANK YOU MR. CHAIRMAN.

GOOD EVENING, EVERYONE.

GOOD EVENING.

UH, STATE OF THE PROPERTY IN QUESTION IS ZONED A FOR AGRICULTURAL RESIDENTIAL USE.

THE ADJACENT PROPERTIES ARE THREE ZONE RESIDENTIALLY, ONE ZONED AGRICULTURALLY, THE APPLICANTS REQUESTING A VARIANCE, THE CITY OF UBERIZE ZONING CODE PERTAINING TO THE REQUIRED SIDE YARD SETBACK FOR PRINCIPAL STRUCTURE ON AN AGRICULTURAL ZONE PROPERTY.

THE OWNER WISHES TO CONSTRUCT AN ADA COMPLIANT ROOM ADDITION ON THE WEST SIDE OF THE EXISTING HOUSE.

THE OWNERS PROPOSED PLAN CALLS FOR BILLING TO WITHIN FIVE FEET.

THE WEST SIDE YARD PROPERTY LINE, SINCE ROOM ADDITION IS CONSIDERED PART OF THE PRINCIPLE STRUCTURE.

THE ADDITION MUST MEET THE SETBACK REQUIREMENT FOR THE PRINCIPAL STRUCTURE, SECTION 1140 2.05 OF THE HEBREW RIGHTS ZONING CODE, WHICH SETS FORTH AREA STANDARDS REQUIRES A MINIMUM SETBACK OF 30 FEET FROM THE SIDE OF YOUR PROPERTY LINE FOR AN AGRICULTURALLY ZONED PROPERTY, THE APPLICANT WOULD NEED A 25 FOOT SIDE YARD SETBACK VARIANCE TO BUILD THE PROPOSED ADDITION.

CITY STAFF HAS NO ISSUE WITH THE GRANTING.

THIS VARIANCE ANALYSIS OF THE PROPERTY A LOT IS ABOUT AN ACRE.

NO UTILITY EASEMENTS ARE IMPACTED IN THE GRANTING OF THIS VARIANCE.

THE STRUCTURE IS A SINGLE FAMILY HOME, UH, PLACEMENT WOULD BE IN ADDITION ADDED TO THE WEST SIDE OF THE HOUSE AND THE ENGINEERING DEPARTMENT DID NOT HAVE COMMENTS ON THIS VARIANCE REQUEST.

I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

THANK YOU, SIR.

YOU'RE WELCOME.

IS THERE ANY QUESTIONS FOR STAFF NEWBIE? NO, I DON'T HAVE ANY QUESTIONS AT THIS TIME.

THIS THE DEAN? NO, SIR.

I HAVE ONE QUESTION ALVIN, WHEN DID LOOK AT IT TODAY.

UM, AND WELL, YESTERDAY, I'M SORRY.

AND I WAS TRYING TO UNDERSTAND, UM, MS. MAILLARD WAS THAT ON THE LEFT SIDE WHERE THE CARS ARE PARKED, WE WERE NOT, OR THEY, IF YOU'RE LOOKING AT THE HOUSE, IT WOULD BE ON THE RIGHT SIDE, WHICH IS, WHICH IS NARROW THAT NARROW WHEN I COME IN AND IF I NOT ON THAT SIDE, ON THE OPPOSITE SIDE, RIGHT? YEAH.

THEY HAVE 30 FEET OF SETBACK RIGHT NOW ON THAT SIDE OF THE HOUSE.

UH, SO THEY'RE, YOU KNOW, THE 25 FOOT ADDITION IS WHERE THE VARIANCES, THEY WOULD BE COMING WITHIN FIVE FEET OF THE PRICE.

OKAY.

SO THAT'S WHY IT WAS CLEARED IT UP.

THANK YOU, SIR.

YOU'RE WELCOME.

UM, DO ANYONE WOULD LIKE TO SPEAK MR. MRS. COX WOULD Y'ALL LIKE TO STAND AND ANYTHING Y'ALL NEED TO SAY

[00:05:05]

I'M DOING THIS FOR MY 80, EXCUSE ME, STATE YOUR NAME.

DAVID COX.

UM, I'M DOING THIS FOR MY PARENTS.

WHO'D MOVED IN WITH US RECENTLY AND UH, WE WANT TO TRY AND GET THEM A PLACE THAT'S ADA COMPLIANT THAT THEY CAN MAKE THEIR OWN.

UM, THE ONLY PLACE THAT REALLY MAKES SENSE TO BUILD IS ON THAT SIDE OF THE HOUSE AND, UH, IT WOULD MAKE IT EASIER FOR UTILITIES AND EVERYTHING ELSE TO GET INTO DEBT.

THAT ADDITION.

OKAY.

ALL RIGHT.

THANK YOU, SIR.

IS THERE ANY QUESTIONS FOR THE APPLICANT? NO.

CAN I GET A MOTION TO APPROVE? UM, MAKE A MOTION THAT WE APPROVE THE VARIANCE FOR BZA CASE 21 DASH OH FOUR.

CAN I GET A SECOND, A SECOND THAT MOTION, THE DEAN, WILL YOU PLEASE READ THE VARIANTS? WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE? YEAH.

YES.

WHETHER THE VARIANCE IS SUBSTANTIAL.

NO, THE ACCESSORIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER ADJOINING 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, SEWER, OR GARBAGE REMOVAL, WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH KNOWLEDGE OF THE ZONING RESTRICTION.

YES.

THE OWNER'S PREDICAMENT FEASIBLY CAN BE OBVIATED THROUGH SOME OTHER METHOD THAN OTHERS.

NO.

YEAH.

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

YES.

THANK YOU, SIR.

MADAM SECRETARY, WILL YOU PLEASE CALL THE ROW MR. DEAN? YES.

MS. NEWBIE.

YES.

MR. STEWART.

YES.

BZA CASE 2104.

MR. COX, THE COX'S, UH, HAVE BEEN APPROVED.

UH, ANY OTHER QUESTIONS OR CONCERNS, PLEASE TAKE IT OVER MR. MAILLARD, IF I MAY, MR. CHAIRMAN PHILLIPS, WHEN YOU'RE READY TO SUBMIT PLANS, SIMPLY BRING THEM HERE TO CITY HALL.

WE'LL TAKE CARE OF THAT FOR YOU.

YOU'LL BE SUBMITTING TO BOTH US FOR THE PLACEMENT AND TO MONTGOMERY COUNTY FOR YOUR BUILDING PERMITS.

SO WE CAN CERTAINLY START THAT PROCESS FOR YOU.

OKAY.

THANK YOU.

YOU'RE WELCOME.

THANK YOU, SIR.

WE'LL MOVE ON TO BZA CASE 2105, THE APPLICANT MIKE COLLINS, DBA CLEAN, ALL PRESSURE CLEANING IS REQUESTING A VARIANCE FROM SECTION 1180 9.07 DASH BEFORE, WHICH IS GROUND SIGNS, GROUND MOUNTED SIGN TO BE PLACED SIX FEET FROM THE SIDEWALK TO ALLOW SIGN, TO BE VISIBLE FROM THE STREET PROPERTIES LOCATED AT 49 45 KITTRIDGE ROAD, WHICH THE LR.

THANK YOU, MR. CHAIRMAN.

THANK YOU, SIR.

PROPERTY IS ZONED , WHICH IS LIGHT INDUSTRIAL.

THE A IS CURRENTLY A COMMERCIAL USE.

YES, SIR.

THE SURROUNDING PROPERTIES ARE ALSO ALL I ONE, THE PROPERTIES ACROSS THE STREET ARE RESIDENTIAL, BUT THEY LIE WITHIN THE CITY OF DAYTON, UH, THE APPLICANTS AND REQUESTING A VARIANCE.

SO THE CITY OF HUBRIS ZONING CODE PERTAINING TO THE PLACEMENT OF THE GROUND SIDE, SECTION 1180 9.07, THE FOUR REQUIRES ANY GROUND SIGN QUOTE SHALL BE SETBACK, A MINIMUM OF 15 FEET FROM THE RIGHT OF WAY, CLOSE QUOTE, THE APPLICANT WISHES TO INSTALL GROUND SIDE WITH A SIX FOOT SETBACK FROM THE RIGHT OF WAY.

THIS WILL REQUIRE A VARIANCE OF NINE FEET.

THE PROPOSED LOCATION ALLOWS ADEQUATE VISIBILITY OF THE SITE AND ALSO ELIMINATES POTENTIAL LINE OF SIGHT ISSUES FOR PEOPLES EXITING THE PROPERTY AS WELL AS THE VEHICLES EXITING TO THE WEST ON THE CUTER RIDGE ROAD FROM HEATHER WAY, CINDY STAFF HAS NO ISSUE WITH THE GRANTING OF THIS VARIANCE REQUEST.

PROPER ANALYSIS IS AS FOLLOWS.

A LOT IS APPROXIMATELY 0.5 ACRES.

UTILITY EASEMENTS WILL NOT BE IMPACTED BY THE SITE LOCATION.

THE STRUCTURE IS COMMERCIAL IN NATURE PLACE THEM KNOW THE SIDE WOULD BE BEHIND THE FRONT YARD BETWEEN THE SIDEWALK AND THE BUILDING.

UH, THE ENGINEERING DEPARTMENT DID NOT HAVE COMMENTS ON THIS VARIOUS REQUESTS.

I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU THEY HAVE.

THANK YOU, SIR.

YOU HAVE ANY QUESTIONS,

[00:10:01]

MATT? I MEAN, IT'S NEWBIE, I'M SORRY.

FOUR STAFF, NO SEEN STAFF.

WOULD ADVOCATE LIKE TO SAY ANYTHING BEFORE YOU MAKE, PLEASE STAND AND STATE YOUR NAME PLEASE.

THANK YOU.

HI, MY NAME IS MIKE COLLINS.

YES, SIR.

UM, I BROUGHT SOME PICTURES IF YOU GUYS, I DON'T KNOW IF YOU HAVE SIDE OF IT OR NOT.

IT WOULD SHOW THAT IF WE HAD TO PLACE A SIGN, THE 15 FEET, IT WOULD BE OVER THE SIDEWALK.

SO WE COULDN'T.

RIGHT.

IT'S IMPOSSIBLE.

SO BASICALLY I'D SAY, YOU KNOW, I JUST NEED IT FOR ADVERTISEMENT FOR MY BUSINESS.

YEAH.

THERE'S NO GREEN BUILDING, A LITTLE OLD GRAY BUILDING.

YEAH.

AND WE'RE TRYING TO CLEAN IT UP AND CLEAN THE LOT UP AND EVERYTHING, GETTING IT LOOKING GOOD.

AND IT'LL BE A LIGHTED SIGN.

SO IT SHOULD MAKE IT LIGHT UP A LITTLE BIT AROUND THERE.

OKAY.

ALL RIGHT.

WELL THANK YOU, SIR.

DO Y'ALL STAFF, DO Y'ALL HAVE ANYTHING NEWBIE? DO YOU HAVE ANY QUESTIONS? NO, SIR.

I'M SORRY.

I WENT AND LOOKED AT IT TODAY.

UH, YESTERDAY IT KEEPS SAYING TODAY, YESTERDAY, AND IT IS VERY NICE BUILDING, BUT I DIDN'T KNOW IF YOU WERE TRYING TO GO COMING UP THE HILL.

I THOUGHT IT WAS A HOUSE AND I GOT UP TO IT.

AND THEN WHERE YOU'RE TALKING ABOUT NOW YOU TALKING ABOUT DOWN TO THE RIGHT.

WOULD IT BE ON THE RIGHT OR THE LEFT? WHEREVER YOU'RE GOING ON THE LEFT-HAND SIDE.

RIGHT.

OKAY.

IF YOU WANT, I WOULD LIKE TO SEE IT IF YOU DON'T MIND.

SURE.

UH, YEAH.

MS. JEREMY AND I DO HAVE MR. COLLINS APPLICATION ALREADY.

OKAY.

ALL RIGHT.

THANK YOU, SIR.

ALL RIGHT.

I'M GOING TO ASK FOR A MOTION TO APPROVE SNOOPING.

I MAKE A MOTION THAT BZA CASE 2105.

BE APPROVED.

MADAM SECRETARY, PLEASE CALL THE ROLL.

I'M SORRY.

I'M SORRY.

SORRY.

YEAH, WE LOOKED AT ME TOO.

OKAY.

THANK YOU.

WHETHER THE PROPERTY WESTERN, WILL YOU YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VERUS, WILL THE VARIOUS BE SUBSTANTIAL? YOU KNOW, WHETHER THERE IS SUCH A CHARACTERISTIC OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED, UH, WHETHER ADJOURNED PROPERTY WOULD SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF ERIC SNOW, WHETHER THE BEARS WERE ADVERSELY AFFECTED THE DELIVERY OF GOVERNMENT SERVICE, SUCH AS WATER, SANITARY, SEWAGE, OR GOVERNMENT REMOVE $1, WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION.

YES.

WHERE THE POCKET OWNERS PREDICAMENT FEASIBILITY CAN BE OPERATED THROUGH SOME OTHER METHOD.

OTHER THAN THE MERITS KNOW WHERE THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENTS WOULD BE OBSERVED OF STATURE.

JUDGE JUSTICE DONE BY GRANT NOVAERUS YET.

THANK YOU.

MA'AM MADAM SECRETARY.

NOW PLEASE CALL IT A REBEL.

THANK YOU, MR. DEAN.

YES.

YES.

MR. STEWART.

YES.

THANK YOU.

BZA CASE 2105 IS APPROVED.

UH THERE'S ANYTHING MR. MAILLARD, EXCUSE ME.

I HAVE EVERYTHING I NEED.

I'LL PROCESS EVERYTHING, MIKE.

THANK YOU.

ALL RIGHT.

THANK YOU VERY MUCH, SIR.

WE GOING TO MOVE ON ANY ADDITIONAL BUSINESS.

WE NEED TO TALK ABOUT THE PUPILS.

OKAY.

OKAY.

WE'LL DO THAT.

OKAY.

ALL RIGHT.

UH, WE NEED APPROVAL OF MINUTES WITHOUT OBJECTION.

IF ANY, I WOULD LIKE TO APPROVE THE MINUTES FOR FEBRUARY 3RD, 2021.

THERE WAS NO OBJECTIONS.

[00:15:01]

FEBRUARY 3RD, 2021 BZA MEETINGS ARE APPROVED UPCOMING CALLING MEETINGS.

IT'S GOTTA BE APRIL THE SEVENTH, 2021, WEDNESDAY MAY THE FIFTH 2021.

AND IF THERE'S NO OBJECTIONS, I WILL PROCEED TO ADJOURN.

IS THERE ANY QUESTIONS OR CONCERNS AT THIS TIME, MR. MAILLARD, SIR, I HAVE NOTHING.

THANK YOU.

MOVING.

WHAT'S THE DATE I CALLED THIS BZA.

I MEAN, THERE'S ONLY PERMISSION, UM, CASE AND OPENING UP THE MEETING TO ADJOURN WITH THE APPROVAL OF BOTH BCA CASES.

THANK YOU VERY MUCH.

* This transcript was compiled from uncorrected Speech-to-Text.