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[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road July 7, 2021 6:30 P.M.]
OF THE CITY OF HUBER HEIGHTS, BOARD OF ZONING APPEALS TO ORDER MADAM SECRETARY, PLEASE CALL THE ROAD, MR. DAVIDSON HERE.MS. NEWBIE HERE, MR. STEWART, MAY I HAVE A MOTION TO APPROVE THE AGENDA? I'LL MAKE A MOTION TO APPROVE THE AGENDA.
CAN I GET A SECOND? SECOND? THANK YOU.
YOU 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.
SO I WOULD ASK EVERYONE TO STAND, RAISE YOUR RIGHT HAND AND RESPOND.
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 STAFF REPORT, PLEASE STEP TO THE PODIUM.
SPELL YOUR NAME FOR THE RECORD.
IS THAT ME? I DON'T KNOW WHAT I'M SUPPOSED TO DO.
THE SECOND, THE APPLICANT, THE APPLICANT BCA CASE 2107, THE APPLICANT PAUL FOLTZ IS REQUESTING A VARIANCE FROM SECTION 1190 1.01.
ASSESSORY BUILDING LOCATION AND THE SENSORY STRUCTURE IN THE SECONDARY FRONT YARD PROPERTY IS LOCATED AT 68 0 2 LONG FOOT ROAD.
AND AT THIS TIME WE'RE GOING TO OPEN UP DISCUSSION BETWEEN THE BOARD MEMBERS, MR. CHAIR.
UM, I SEE MR. POLCE DID RESUBMIT HIS APPLICATION KIND OF WITH THE SUGGESTIONS WE WAS TALKING ABOUT, ABOUT PUTTING A FENCE ON THE OUTSIDE THE WHOLE THING.
SO I THINK HE, UH, IS TRYING TO GET THIS, YOU KNOW, SITUATED FOR THE BOARD AND ALL THAT TO LOOK PROPERLY.
WHAT'S HIS NAME? MR. MONK MUGS.
I HAVE NO QUESTIONS OR CONCERNS.
OKAY, MR. FALSE, WOULD YOU LIKE TO SAY, EXCUSE ME, MR. FALSE FALSE.
WOULD YOU LIKE TO SAY SOMETHING, SIR, PLEASE STEP UP TO THE PODIUM.
I DON'T KNOW THAT I CAME PREPARED WITH SOMETHING TO SAY.
UM, BUT, UM, JUST WOULD LIKE TO GET THIS DONE BEFORE WINTER SETS IN.
UM, YOU KNOW, I SEE THE IMPORTANCE OF GETTING THE FENCE AROUND THE BUILDING AS OPPOSED TO USING THE BUILDING AS A, AN ABUTMENT FOR THE FENCE.
SO, UH, THAT WILL BE MY GOAL IN CONSTRUCTING.
THIS IS TO MAKE SURE THAT THE FENCE IS AROUND.
UM, I WILL DISCUSS MY CONCERNS WITH THE, WITH THE FENCING CONTRACTOR TO MAKE SURE THAT THINGS ARE WORKED OUT, UH, ACCORDING TO YOUR EXPRESS DESIRES.
ANY QUESTIONS FOR MR. FOX? I NEED TO MAKE A MOTION TO APPROVE.
I'LL MAKE A MOTION TO APPROVE, UH, BZA CASE 2107.
PLEASE READ THE VARIANTS, PLEASE, SIR.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE.
WHETHER THE VARIANCE IS SUBSTANTIAL.
WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER ADJOINED PROPERTIES WOULD SUFFER OF SUBSTANTIAL DETERMENT AS A RESULT OF THE VARIANCE.
NO, WHETHER THE BEARINGS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENT SERVICES, SUCH AS WATER, SANITARY, SEWER, OR A GARBAGE REMOVAL.
WHETHER THE PROPERTY OWNER PURCHASED A PROPERTY WITH KNOWLEDGE OF THE ZONING RESTRICTION.
NO, WHETHER THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE OBLIGATED TO SOME OTHER METHOD OTHER THAN THE BEARINGS KNOW WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED IN SUBSTANTIATE JUSTICE DONE BY GRANTING THE VARIANCE.
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THANK YOU, SIR.MADAM SECRETARY CALL THE ROLL.
PASS BCA K IS 21 DASH OH SEVEN HAVE BEEN PASSED BY SPORT.
LIKE JUST EXPRESS MY THANKS TO YOU ALL FOR YOUR HELP WITH THIS.
YOU APPRECIATE, WELL, HAVE A BLESSED EVENING.
WE'LL MOVE ON TO BZA CASE 2108.
THE APPLICANT CURTIS DAVIS IS REQUESTING A VARIANCE FROM SECTION 1190 1.01.
A SENSORY BUILDING LOCATION FOR AN ACCESSORY PROPERTY IS LOCATED AT 50 40 LOCK VIEW DRIVE, MR. MOLART.
NAMING OUT THIS EVENING, AS STATED THE ADDRESS 50, 40 LARGE VIEW DRIVE, RESIDENTIAL PROPERTY, ALL ADJACENT PROPERTIES OR RESIDENTIAL AS WELL.
THE, UH, APPLICANT'S REQUESTING OF AREAS OF THE CITY OF HUBER HEIGHTS, ZONING CODE PERTAINING TO THE LOCATION OF A NON PERMITTED EXISTING ACCESSORY BUILDING SECTION 11 91 0 1 OF THE HUBER HEIGHTS CODE REQUIRES LOCATION OF AN ACCESSORY BUILDING IN A REAR YARD, NOT WITHIN FIVE FEET OF A PROPERTY LINE OR ANY OTHER BUILDING.
THE APPLICANT HAS INSTALLED A STORAGE BUILDING CLOSER THAN FIVE FEET FROM THE PROPERTY LINE.
THE BUILDING WAS INSTALLED WITHOUT THE ZONING DEPARTMENT'S KNOWLEDGE AS NO ZUNI CERTIFICATE WAS APPLIED FOR ZONING BECAME AWARE OF THE SITUATION.
AND UPON AN INVESTIGATION FOUND THE BUILDING PLACED WITHIN TWO AND A HALF FEET OF THE EAST PROPERTY LINE.
THE PROPERTY OWNER WAS ADVISED OF THE PERMIT REQUIREMENT AS WELL AS THE FIVE FOOT SETBACK REQUIREMENT AND HAS CHOSEN TO ASK FOR A VARIANCE.
SO THE BUILDING MAY REMAIN IN ITS CURRENT LOCATION.
THE APPLICANT THEREFORE REQUIRES A VARIANCE FROM SECTION 1190 1.01 CITY HAS STAFF HAS NO ISSUE WITH THE GRANTING OF THIS VARIANCE REQUEST.
THE APPLICANT HAS SUBSEQUENTLY APPLIED FOR A ZONING CERTIFICATE, WHICH WILL BE ISSUED IF THE BOARD GRANTS, THIS VARIANCE STEPH ANALYSIS OF THE PROPERTY IS AS FOLLOWS WITH A LOT OF SUB PROXIMATELY, A QUARTER ACRE, NO EASEMENTS ARE IMPACTED BY THE PROPOSED LOCATION.
THE STRUCTURE IS A SEVEN BY SEVEN BY EIGHT RESIDENCE STORAGE BUILDING THAT'S IN THE SOUTHEAST CORNER OF THE YARD.
THE ENGINEERING DEPARTMENT DID NOT HAVE COMMENTS ON THIS VARIANCE REQUEST.
AND I CAN ANSWER ANY QUESTIONS THAT YOU MAY HAVE ANY QUESTIONS FOR THE BOY CHAIR.
I DID GO OUT THERE AND TAKE A LOOK AT TODAY.
UM, IT LOOKS LIKE THE SHED IS ON A PERMANENT WHAT FOUNDATION.
SO AT SEVEN BUCKS, LIKE IT'S, WOULDN'T BE FEASIBLE, BE, YOU KNOW, MOVED OVER, YOU KNOW, TO TWO AND A HALF FEET OR ANYTHING LIKE THAT.
HE KIND OF HAS IT FRAMED IN RIGHT NOW IN THE BASE OF IT.
SO JUST SOMETHING TO KEEP IN MIND.
WELL, YOU, YOU, THIS IS ABOUT THE THIRD CASE.
YOU KNOW HOW I'M ABOUT RULES AND REGULATIONS AND, UM, SOMEWHERE DOWN THE LINE, WE'RE GOING TO HAVE TO STOP PEOPLE DOING STUFF AND COME COMING AFTER THE FACT WITH QUESTIONS, LEAVING TO SEE ON IT.
BUT I'M GONNA GO ALONG WITH WHATEVER THE BOARD SAYS TONIGHT, BUT THAT'S JUST MY, MY TAKE ON THIS THAT GOTTA STOP IT.
THIS SPOT, THE THIRD OR FOURTH CASE THAT PEOPLE DO STUFF, THEN THEY FIND OUT, OH, I'M SUPPOSED TO FOLLOW THIS RULE.
AND THEN THEY COME AND WANT US TO GRANT THEM LEAN AND SAND WITH SOME DOORS DOWN THE LINE.
WE'RE GOING TO HAVE TO STOP ON THAT.
SO, BUT I WILL GO, WHATEVER THE MAJORITY OF THE BOARD SAY TONIGHT, I WILL GO ALONG WITH IT, BUT I'M VERY ADAMANT ON HOW I FEEL ABOUT STUFF LIKE THIS.
MARK, UNDERSTANDING WHERE YOUR POSITION IS AND HER POSITION IS, UM, IN THIS PARTICULAR CASE, I HAVE NO QUESTIONS.
UM, BUT THAT WOULD BE AN INTERESTING TOPIC TO DIVE INTO.
LIKE, UM, I ALSO WENT OUT TODAY.
UM, I RUN THE DOORBELL CAUSE I NEEDED TO GET IN THE BACK TO SEE NOT DIDN'T AS MS. NEWBIE SAID, I DIDN'T WANT
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TO GO UP ON THE PROPERTY WITHOUT NOTIFICATION.UH, ONCE I WENT ON THE PROPERTY AND THEY, UH, PURDUE CAME IN WHEELCHAIR BOUND, BUT CAME TO THE DOOR, UH, I WAS ACTUALLY PULLING OFF AND I TURNED AROUND AND CAME BACK.
SO THEY GAVE ME PERMISSION TO GO IN.
UM, AND THEIR BACKYARD IS ON A SLOPE.
AND EVEN IF THEY HAD MOVED IT OVER, UM, THERE WOULDN'T HAVE BEEN ANY SIDEWALK IF THEY WANTED TO DO A SIDEWALK TO CARRY THE, UH, WHEELCHAIR AROUND TO THE BACK.
ALSO THERE'S A RAMP ALREADY BUILT AS YOU SAW, UM, TO THAT WOULDN'T STRUCTURE.
UM, I KNOCKED NEXT DOOR, UH, JUST FOR KEEPSAKE, UH, TO SEE IF ANYONE HAD ANY COMPLAINTS WITH THE WAY THE FENCE WAS PUT UP, UM, BESIDE IT, AND IT WAS A GAP, BUT THE NEIGHBOR DIDN'T HAVE ANY PROBLEMS, UH, WITH THAT CONCERN.
AND SHE DIDN'T HAVE ANY CONCERN AT ALL ABOUT THE SHED, BUT I, BECAUSE IT WAS MY FIRST TIME SEEING IT, I WANTED TO SEE IF THE NEXT DOOR NEIGHBOR HAD COMPLAINTS OR CONCERNS.
UM, BUT WHEN I WENT IN THE BACK, THERE WAS NOWHERE ELSE.
UH, FOR THE LITTLE AREA THEY HAD BUILT IN THE BIN, ANOTHER TWO FEET OVER, LIKE I SAID, IT DIDN'T, IT WOULDN'T HAVE BEEN A GOOD PATHWAY, UH, FOR ANY TYPE OF, UH, DISABLED, UH, UH, EQUIPMENT.
SO, UM, CAN YOU TELL ME WHICH NEIGHBOR? UH, THIS PICTURE? OH, RIGHT THERE.
NICK'S UH, 50 50, RIGHT? NO, YOU DIDN'T GET 50 50.
AND SO, UM, THAT'S ALL I REALLY, I, I HAVE, UM, I'M GONNA MAKE A MOTION, UM, FOR US TO APPROVE.
I'M MAKING A MOTION TO APPROVE BZA CASE 2108.
I SECOND, MADAM SECRETARY, PLEASE CALL THE ROLL.
BZA CASE 2108, UH, HAS BEEN APPROVED BY THE, UH, STANDING BOARD MEMBERS.
HE HAS TO READ THE PARENTS LEAD, READ THE BERETS, PLEASE.
VARYING STANDARDS FOR BZA CASE 2108.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BIT OF OFFICIAL USE OF THEIR PROPERTY WITHOUT THE VARIANCE.
WHETHER THE VARIANCE IS SUBSTANTIAL.
WHETHER THE CENTRAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER A JONI PROPERTIES WOULD SUFFER A SUBSTANTIAL DETERMENT AS A RESULT OF THE VARIANCE.
WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENT SERVICES, SUCH AS WATER, SANITARY, SEWER, OR GARBAGE REMOVAL.
WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH A KNOWLEDGE OF THE ZONING RESTRICTION.
NO, WHETHER THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE OBSOLETED THROUGH SOME OTHER METHOD THAN THE VARIANCE.
WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE BE DONE BY GRANT THE VARIANCE.
MADAM SECRETARY, PLEASE CALL THE ROOM.
ONCE AGAIN, BZA CASE 2108 HAS BEEN APPROVED ADDITIONAL BUSINESS.
WE'LL MOVE ON TO THE APPROVAL OF THE MINUTES WITHOUT OBJECTION.
THE MINUTES FROM THE JUNE TWO SECOND.
IF THERE'S NO OBJECTIONS, ANYBODY HAVE ANY OBJECTIONS ARE APPROVED.
UPCOMING MEETINGS, AUGUST THE FOURTH, 2021 AND WEDNESDAY, SEPTEMBER THE FIRST 2021 Y'ALL HAVE ANY TYPE OF VACATIONS OR ANYTHING COMING UP ON THOSE SET DATES.
HE LET MADAM SECRETARY KNOW SO SHE CAN, UH, GIVE UP THEIR ABSENCE.
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I HAVE NOTHING.