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[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road May 5, 2021 6:30 P.M.]

[00:00:02]

I SHOULD CALL THE MEETING OF THE CITY OF HUBER HEIGHTS, BOARD OF ZONING APPEALS TO ORDER AT THIS TIME WE'RE GOING TO GO OATH OF OFFICE AND DEADLY MISS.

OKAY.

OH, FOOTBALL OFFICE.

AND AT THIS POINT, AT THIS MOMENT, I WOULD LIKE TO RECOGNIZE SCOTT DAVIDSON.

WOULD YOU PLEASE STAND UP, SIR, RAISE YOUR RIGHT HAND, SIR, PLEASE.

I REPEAT AFTER ME, I JUST GOTTEN DAVIDSON SCOTT DAVIDSON, DO SOLEMNLY SWEAR OR AFFIRM TO SOLEMNLY SWEAR OR AFFIRM TO SUPPORT THE CONSTITUTION OF THE UNITED STATES WHO SUPPORT CONSTITUTES, EXCUSE ME, PROSTITUTION IN THE UNITED STATES, THE CONSTITUTION OF THE STATE OF OHIO, THE STATE OF OHIO, THE CHARTER, AND ALL ORDINANCES CHARTER AND ALL ABOUT THE CITY OF HUBER HEIGHTS AND CITY OF HUBER HEIGHTS.

AND THAT I WILL, I WILL THANKFULLY, THANKFULLY, HONESTLY, HONESTLY, AND IMPARTIALLY DISCHARGE, PARSLEY, DISCHARGE THE DUTIES OF MY OFFICE DUTIES OF MY OFFICE TO THE BEST OF MY ABILITIES, TO THE BEST OF MY ABILITY.

SO HELP ME HELP ME.

AND AT THIS TIME I WOULD LIKE TO HAVE GREGORY MACH, PLEASE COME UP, SIR, RAISE YOUR RIGHT HERE, SIR.

I GRABBED MOM.

I GREG MOM DO SOLEMNLY SWEAR OR AFFIRM, DO SOLEMNLY SWEAR TO SUPPORT THE CONSTITUTION OF THE UNITED STATES TO SUPPORT THE CONSTITUTION OF THE UNITED STATES.

THE CONSTITUTION OF THE STATE OF OHIO, THE CONSTITUTION OF THE STATE OF OHIO, THE CHARTER IN ALL ORDINANCES, THE CHARTER AND ALL ORDINANCES OF THE CITY OF HUBER HEIGHTS OF THE CITY OF HUBER HEIGHTS.

AND THEN I WILL FAITHFULLY THAT I WILL FAITHFULLY HONESTLY, HONESTLY, AND IMPARTIALLY DISCHARGE AND IMPARTIALLY DISCHARGE THE DUTIES OF MY OFFICE, THE DUTIES OF MY OFFICE TO THE BEST OF MY ABILITY, TO THE BEST OF MY ABILITY.

SO HELP ME GOD.

SO HELP ME.

GOD.

THANK YOU, MADAM SECRETARY, WILL YOU PLEASE CALL THE ROLL? ALL RIGHT.

MS. NEWBIE HERE, MR. DEAN HERE.

MR. DAVIDSON HERE, MR. MAAN HERE.

MR. STEWART PRESENT.

MAY I HAVE A MOTION TO APPROVE THE AGENDA FOR TONIGHT? UH, MOVE THAT THE GENTLEMEN MAY 5TH BE APPROVED WITHOUT OBJECTION.

THE AGENDA FOR TONIGHT'S MEETING IS APPROVED.

WE HAVE A BCA CASE 2106.

AND AT THIS TIME, IF ANYONE'S WANTS TO SPEAK, I NEED TO YOU TO RATE, STAND, EXCUSE ME, AND RAISE YOUR RIGHT HAND AND REPEAT AFTER ME 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 YOU EVERYONE TO STAND WHAT YOU'RE DOING.

RAISE YOUR RIGHT HAND AND REPEAT AFTER ME.

YOU 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.

OPENNESS.

WE HAVE NONE AND WE WILL MOVE ON NOW TO NEW BUSINESS BZA CASE 21 DASH OH SIX.

THE APPLICANT ANDREW CIRCLE ARCHITECT, LLC IS REQUESTING AN 8.5 FEET VARIANT FROM SECTION 1181.

EXCUSE ME.

DOT OH FOUR H THE PROJECTIONS FOR A ROOF ADDITION OVER A NEW DECK PROPERTY IS LOCATED AT 30 16 SNOWDROP COURT.

MR. MILAN.

THANK YOU, MR. CHAIRMAN, FIRST OF ALL, STAFF

[00:05:01]

WOULD LIKE TO WELCOME THE NEW MEMBERS TO THIS BOARD.

YES.

THANK YOU.

WE APPRECIATE THE SERVICE YOU PROVIDE THE CITIZENS.

UBER HIDES ONTO THIS CASE.

UH, MR. CIRCLE IS HERE REPRESENTING THE OWNERS, THOMAS MANGOLD.

UM, ALL OF THE SURROUNDING PROPERTIES ARE, OR WILL OUR ZOOM PLANNED TO MIXED USES IN THE CARRIAGE TRAIL SUBDIVISION WHEN BROOKS UP DIVISION, UM, THE, UH, APPLICANT IS REQUESTING A VARIANCE OF THE CITY VIEW BRIDES ZONING CODE PERTAINING TO THE ALLOWABLE HEIGHT FOR A REAR PATIO COVER SECTION 1180 1.04 H LIMITS THE MAXIMUM HEIGHT ABOVE GRADE TO 14 FEET.

THE APPLICANT WISHES TO CONSTRUCT A REAR PATIO COVER THAT IS IN KEEPING WITH THE HEIGHT OF THE ROOF LINE OF THIS NEWLY CONSTRUCTED HOME.

THE OWNER FEELS THIS WILL BE MORE AESTHETICALLY PLEASING.

AND IN STAFF'S OPINION, THIS TYPE OF CONSTRUCTION TENDS TO BE MUCH MORE STABLE THAN FORMED METAL COVERS IN A MUCH LONGER LIFESPAN CAN BE EXPECT.

THE APPLICANT WILL REQUIRE A VARIANCE OF EIGHT AND A HALF FEET TO CONSTRUCT AS PROPOSED CITY.

STAFF HAS NO ISSUE WITH THE GRANTING.

THIS VARIANCE REQUEST STAFF ANALYSIS OF THE PROPERTY IS AS FOLLOWS OF OFFICE, APPROXIMATELY A QUARTER ACRE UTILITIES, AND THIS WILL NOT BE IMPACTED BY THIS CONSTRUCTION.

UH, THE STRUCTURE IS A RESIDENTIAL USE.

THE PLACEMENT OF THE PATIO COVER WILL BE THE REAR OF THE HOUSE OF THE SOUTHWEST CORNER.

NOW THE ENGINEERING DEPARTMENT DID NOT HAVE COMMENTS ON THIS VARIANCE REQUEST.

IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER.

THANK YOU, SIR.

SIR.

DO ANYONE HAVE ANY QUESTIONS FOR STAFF? IF THERE IS SOMEONE WHO WISHES TO SPEAK ON BEHALF OF THE APPLICANT, WOULD YOU LIKE TO SPEAK, SIR, PLEASE STAND UP.

STATE YOUR NAME AND YOUR ADDRESS PLEASE.

OKAY.

JUST YOUR NAME, JUST YOUR NAME.

OKAY.

WELL, MY NAME IS ANDREW CIRCLE AND, UH, I THINK MR. MAILLARD SAID IT PRETTY SUCCINCTLY.

UM, WE'RE JUST LOOKING TO DO A, UM, A ROOF COVER OVER A DECK ADDITION THAT IS IN KEEPING WITH THE HOUSE AND WITH THE NEIGHBORHOODS.

SO IT'S ASPHALT SHINGLES, IT'S A WOOD STRUCTURE, UM, WOOD COLUMNS AND WOOD DECK STRUCTURE BELOW.

SO IT'S, UM, SUBSTANTIAL, UM, AND, AND REALLY BUILT TO MATCH THE REST OF THE HOUSE THAT'S THERE.

SO THAT'S PRETTY MUCH.

OKAY.

DO Y'ALL HAVE ANY QUESTIONS FOR THE APPLICANT? YES, MR. CHAIR.

UM, I DID GO TO THE NEIGHBORHOOD.

THAT'S THE ONE WHERE IT'S JUST DUG OUT FOR THE BASEMENT RIGHT NOW.

IT'S NOT BUILT OR ANYTHING.

THIS HOUSE IS BUILT.

IT'S ONE OF THE TWO ON THE STREET THAT IS IT'S TOWARDS, UM, THE MAIN, THE MAIN STREET.

THERE CAN'T REMEMBER THE CAUSE OF THIS NEW STREET.

IT WASN'T ON MAPQUEST OR ANYTHING LIKE THAT.

RIGHT.

IT'S A BLUE SIDING.

OKAY.

THE EXISTING HOUSE HAS BLUE SIDING THERE.

UM, THEY ACTUALLY ARE RESIDING THERE NOW IT'S COMPLETE.

SO THIS WOULD BE, YOU KNOW, CONSTRUCTION AFTER THE FACT AFTER IT'S BUILT.

THANK YOU.

ANY OTHER QUESTIONS? THE ONLY QUESTION I HAD WAS THIS IS A NEW SUBDIVISION, I BELIEVE, I BELIEVE SO.

YEAH.

I CAN ANSWER THAT QUESTION IF I MAY IS A NEW SECTION, UH, OF THE WINDBROOK SUBDIVISION NORTH, JUST ON THE NORTH EDGE OF KIRA TRAILS.

OKAY.

SO IT IS A NEW SUBDIVISION AND THIS IS ALL NEW CONSTRUCTION.

OKAY.

AND THANK YOU, SIR.

I, UM, CAUSE MY MAIN CONCERN WAS JUST MAKING SURE, UH, WHEN YOU ASKED FOR THE VERGE VERSUS WHERE THE BAREST HAS ALREADY STATED SET UP ADS, I JUST WANTED TO MAKE SURE WHEN I SAW THAT IT WAS NEW, THAT OTHER RESIDENTS WAS GOING TO BE ABLE TO DO THAT AS WELL.

IT WASN'T WHERE YOU WAS.

THEY HAD AN ASSOCIATION WHERE THEY DIDN'T ALLOW THIS TO HAPPEN IN THAT COMMUNITY IS A REASON I ASKED YOU THAT QUESTION.

OKAY.

UM, YEAH, THERE'S A HOA, BUT THEY STATED THEY, I NO, UM, INPUT ON A, UH, ROOF LINE ISSUE OR A DECK ISSUE LIKE THIS.

UM, OKAY.

PRETTY MUCH SAID TALK TO ZONING, SO ALL RIGHT, SIR.

THANK YOU VERY MUCH.

ALL RIGHT.

THANK YOU.

I'LL MAKE A MOTION FOR SOMEONE TO APPROVE IT.

I MAKE A MOTION THAT WE APPROVE THE VARIANCE FOR CASE 21 AND SIX.

CAN I GET A SECOND PLACE? I'LL SECOND WAS THE DEAN, WOULD YOU BE READ THE BARRIERS PLEASE, SIR.

PROPERTY IN QUESTION WILL YIELD A REV REASONABLE RETURN OR WHETHER THERE CAN BE

[00:10:01]

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 ADJOINING PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE, NO VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY, SEWER, OR A GARBAGE REMOVAL.

NO.

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

YES.

WHETHER THE PROPERTY OWNERS PREDICAMENT FEASIBLY CAN BE OBVIATED THROUGH SOME METHOD OTHER THAN A VARIABLE.

NO.

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

YES.

THANK YOU, SIR.

MADAM SECRETARY, PLEASE CALL THE ROLL.

ALL RIGHT, MR. DAVIDSON.

YES.

MR. DEAN.

YES.

MR. MOCK? YES.

MISS NEWBIE.

YES.

AND MR. STEWART.

YES.

VARIANT FOR BCA CASE 21 DASH OH SIX HAS BEEN APPROVED.

YOU'RE WELCOME.

I WOULD LIKE TO MOVE ON NOW TO ANY ADDITIONAL BUSINESS.

IF THERE IS NONE, THEN WE NEED TO APPROVE THE MINUTES WITHOUT OBJECTION, IF ANY, LET ME KNOW NOW SO WE CAN APPROVE THE MINUTES.

NEW BEAM WAS THE DEAN FROM MARCH 3RD, 2021.

I HAVE NO OBJECTIONS, NO OBJECTIONS WITHOUT OBJECTIONS.

THE MINUTES ARE APPROVED.

ALL WE HAVE LEFT IS UPCOMING MEETING, UH, WHICH IS WEDNESDAY, JUNE THE SECOND, 2021 AT SIX 30.

IF ALL GOES WELL.

AND THEN WEDNESDAY, JULY THE SEVENTH, 2021, UH, AT SIX 30.

IS THERE ANY OTHER BUSINESS BESIDES WHAT WE HAVE TO DO? MADAM SECRETARY? YES.

UM, MR. MOCK AND MR. DAVIDSON, I WILL GET YOU A COPY OF THE VARIANT STANDARDS.

I APOLOGIZE.

IT DIDN'T HAVE THAT IN YOUR PACKET, BUT I'LL GET THAT FOR YOU.

UM, YOU GOING TO BRING IT WITH YOU OR AS YOU SEE SOMEONE HAS IT SO THAT YOU CAN, UM, READ THOSE.

OKAY.

RIGHT.

AND WE'LL SIGN EVERYTHING AFTER.

IS THERE ANY MORE OR ANY OTHER CONCERNS? I HAVE NOTHING, SIR.

THANK YOU, SIR.

AND THIS MEETING IS ADJOURNED.

THANKS EVERYONE.