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[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road January 13, 2022 6:30 P.M.]
I SHOULD CALL THE MEETING.I SHOULD CALL THE MEETING OF THE CITY OF HEBREW HEIGHTS OR THE ZONING APPEAL TO ORDER.
MADAM SECRETARY, WILL YOU CALL THE ROLL PLEASE? MR. DAVIS, MR. DEAN, MR. MOK, MS. NEWBIE, MR. STEWART.
AND HE DID CALL THAT, UH, HE WOULDN'T BE HERE TONIGHT.
MAY I HAVE A MOTION TO APPROVE THE AGENDA FOR TONIGHT? MAKE A MOTION TO APPROVE THE AGENDA.
CAN I HAVE A SECOND? IT'S BEEN MOVED BY MR. DAVIDSON AND SECOND BY MR. MR. DEAN TO APPROVE THE AGENDA FOR THE NIGHT WITHOUT ANY OBJECTIONS.
THE AGENDA FOR THE NIGHT MEETING IS APPROVED IN ACCORDANCE WITH THE RULES OF THE BOARD OF ZONING APPEALS.
ANYONE MAY SPEAK WISH TO SPEAK OR GIVE TESTIMONY WITH GUARDING THE ITEMS ON THE AGENDA.
THIS EVENING NEEDS TO BE SWORN IN.
I WILL ASK ANY, ASK EVERYONE TO STAND, RAISE THEIR RIGHT HAND AND RESPOND.
DO YOU HEAR ABOUT SWEAR OFFER ON THE THREAT OF PREJUDICE TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD.
THANK YOU ALSO, ANY ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER THE CASE REVIEW AND STAFF REPORT, PLEASE STEP TO THE PODIUM AND SPELL YOUR NAME FOR THE RECORD AND WE'LL GET ON WITH THE NEW BUSINESS.
NOW, SINCE THERE IS NO OLD BUSINESS, WE'LL FOLLOW THE AGENDA ACCORDINGLY AND WE WILL GO TO THE NEW BUSINESS BZA CASE 2201, THE APPLICANT ANTHONY CURTIS IS REQUESTING A VARIOUS FROM SECTION 11 81 0 4 E PROJECTION FROM 16 FEET TO EIGHT FEET.
THE PROPERTY IS LOCATED AT 51 50 SOMERSET DRIVE, TIPP CITY, OHIO 4 5 3 7 1 6.
THANK YOU FOR MAKING THE TIME IN YOUR EVENING TO THE AIR.
THE SUBJECT PROPERTY IS A RESIDENTIAL PROPERTY AS ARE ALL OF THE SURROUNDING PROPERTIES.
UH, PROPERTY OWNERS REQUESTING A VARIANCE OF THE CITY.
IF YOU BRIDE ZONING CODE PERTAINING TO THE MAXIMUM ALLOWABLE LENGTH OF A PROJECTION.
IN THIS CASE, THE REAR PATIO DECK COVER.
IN THIS CASE AS A PERGOLA, THE PROPOSED COVER WILL PROJECT INTO THE REAR YARD, 18 FEET FROM THE REAR HOUSE FOUNDATION.
IN YOUR PACKET, YOU WILL FIND AN ILLUSTRATION OF THE PROPOSED COVER AND AN AERIAL VIEW OF THE PROPERTY AND NEIGHBORHOOD SECTION 1180 1.04.
HE STATES THE PATIO COVER OR PORCH SHALL NOT PROJECT.
AND THE CIDER WHERE A YARD, MORE THAN 16 FEET.
THE BUILDING LINE OF DWELLING PROVIDED IT DOES NOT COME NEARER TO THE SIDE OR REAR LOT.
WHY THAN A FIVE FEET AS A RESULT, THE PROPERTY REQUIRES A VARIOUS OF TWO FEET FROM THE PROJECTION RESTRICTION STAFF ANALYSIS FOR PROPERTY AS FOLLOWS.
THE LOT IS APPROXIMATELY A QUARTER ACRE.
THERE ARE NO EASEMENTS EFFECTED.
THE STRUCTURE IS A REAR PATIO OR DECK COVER.
UH, THE PLACEMENT IS ATTACHED TO THE REAR OF THE HOUSE.
CITY ENGINEER HAS NO ISSUES REGARDING THIS REQUEST.
CITY STAFF HAS NO OBJECTION TO THE GRANTING OF THE VARIANCE AT THIS PROPERTY.
I CAN ANSWER ANY QUESTIONS IF YOU HAVE.
YOU'RE WELCOME FOR THE RECORD.
WE HAVE, UM, SOME STATEMENTS THAT SAYS, MADAM SECRETARY, WE READ FOR THE RECORD ON THIS CASE MIGHT HAVE SECRETARY.
SO THE FIRST LETTER THAT I HAVE IS FROM THE APPLICANT, MR. TONY CURTIS, UM, DEAR BORDERS, ZONING APPEALS.
MY NAME IS ANTHONY CURTIS AND I LIVE IN THE PARK TOWN DEVELOPMENT, 51 50 SOMERSET DRIVE, TIPP CITY, OHIO.
I APOLOGIZE THAT DUE TO ILLNESS, NEITHER MY WIFE, NOR I COULD ATTEND THIS EVENING'S MEETING.
I WOULD LIKE TO ALSO THANK THE BOARD FOR RESCHEDULING THIS MEETING FOR THIS EVENING VERSUS DELAYING MY APPLICATION REVIEW UNTIL FEBRUARY.
I WOULD LIKE TO BUILD AN OUTDOOR LIVING AREA FOR MY FAMILY TO ENJOY THE CURRENT ZONING REGULATIONS STATE THAT YOU CAN EXTEND 16 FEET AWAY FROM THE BACK EDGE OF YOUR HOME.
I AM REQUESTING A VARIANCE THAT WILL ALLOW ME TO EXTEND TO 18 FEET.
THE ADDITIONAL TWO FEET WILL ALLOW ME TO BUILD A SUPPORT BEAM WAS AN OVERHANG FOR THE COVER PERGOLA AND ALSO A NEIGHBOR SENT IN A LETTER.
I'M WRITING TO EXPRESS MY SUPPORT FOR MY NEIGHBOR, MR. ANTHONY CURTIS, IN HIS CASE BEFORE THE BOARD OF ZONING APPEALS, MR. CURTIS HAS EXPLAINED IN DEPTH WHAT HIS PLANS ARE FOR HIS PROPERTY, AND I HAVE NO ISSUES OR CONCERNS WITH HIS MODIFICATION.
I TRUST MR. CURTIS GIVEN HIS EXTENSIVE BACKGROUND IN THE CONTRACTOR INDUSTRY WITH OVER
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30 YEARS OF EXPERIENCE AND KNOW FULL WELL, HOW MUCH PRIDE HE TAKES AND KEEPING HIS PROPERTY IN IMMACULATE SHAPE.I HOPE THE BOARD SEES IT THE SAME WAY AND GRANTS HIM THE REQUIRED PERMIT TO ALLOW HIS VISION TO COME TO LIFE.
THANK YOU FOR THE TIME AND CONSIDERATION IN THIS MATTER.
VERY RESPECTFULLY DANIEL RAMOS, MADAM SECRETARY.
DO WE HAVE ANYONE THAT WANTS TO SPEAK FOR THE APPLICANT? UH, IF YOU COULD GO TO THE PODIUM, UM, STATE YOUR NAME AND SPELL IT FOR THE RECORD.
MY NAME IS KENNETH CASTOR, UH, C KENNETH, K E N N E T H CASTRO, C A S T O R.
IF YOU COULD SIGN IN BEFORE YOU SIT DOWN.
UM, I LIVE AT 5 1 6 4 SOMERSET DRIVE THE NEXT DOOR NEIGHBOR ON THE OTHER SIDE FROM THE EMAIL THAT YOU HAVE, UH, AND, UH, I ENCOURAGE YOU TO GRANT THIS VARIANCE.
UH, MR. CURTIS, UH, SINCE HE HAS MOVED IN, UH, HAS, UH, DONE SOME IMPROVEMENTS AND EVERYTHING HE HAS DONE AS, UH, CERTAINLY, UH, ADDED TO THE APPEARANCE OF THE PROPERTY.
I'VE SEEN HIS PLANS FOR THIS, AND I KNOW THAT, UH, IT ALSO WILL, UH, BE AN APPROPRIATE ADDITION.
SO AGAIN, I, UH, THANK YOU FOR THE OPPORTUNITY AND ENCOURAGE YOU TO GRANT THIS REQUEST FOR VARIANCE AND I, GREG, THANK YOU.
DO ANYONE HAVE ANY QUESTIONS FOR EITHER THE STAFF OR THE INDIVIDUAL SPEAKER FOR THE APPLICANT? MADAM CHAIR? I HAVE A COUPLE OF QUESTIONS.
SOME MR. BART, UH, THE PROJECTION, WHICH I SEE IN THE PLANS.
PLUS I WAS OUT THERE TODAY AND TALKED TO THE APPLICANT.
UM, I GUESS HE'S GOING 16 FEET OUT TO THE FOOTER LINE.
THE OTHER TWO FOOT WOULD BE FOR THE ROOF LINE TO EXTEND PAST THAT.
NOW I BELIEVE THAT'S THE CASE, CRA ANY, YOU KNOW, THE CODE RESTRICTS THE PROJECTION TO 16 FEET PERIOD FROM THE, FROM THE FOUNDATION LINE, NOT EVEN A ROOF OVERHANG THAT WOULD HAVE ANY, ANY PROJECTION INTO THE REAR YARD, UH, HAS TO BE 16 FEET OR LESS, OR REQUIRES A VARIANCE.
SO THAT'S, THAT'S WHY WE'RE HERE YET.
THE STRUCTURE ON WHICH IT SITS OR MAYBE COVERING, UH, CAN PROJECT ALL THE WAY TO THE BACKYARD.
IT'S A DECK OR PATIO, BUT THE PROJECTION COMING OFF NEXT COVERING, IT CANNOT EXTEND MORE THAN 16 FEET.
UM, ALSO, YOU KNOW, LIKE I STATED I WAS OUT THERE TODAY.
I DID SEE A COUPLE HOUSES TO THE EAST OR WEST WHEREVER DIRECTION HAD ABOUT THE SAME PER COLA, YOU KNOW, WHICH IS THE OPEN ROOF LINE.
IT'S NOT ENCLOSED SUNROOM OR ANYTHING LIKE THAT.
THE APPLICANT DID HAVE THE, THE CONCRETE DOWN, WHICH IS 15 FEET RIGHT NOW.
UM, HE'S DOING THE EXTRA FOOT FOR THE FOOT OR FOUNDATION FOR THE POST.
UM, AS FAR AS THE NEIGHBORHOOD, WHAT I SAW, YOU KNOW, A COUPLE OTHER NEIGHBORS HAD, YOU KNOW, ABOUT THE SAME SETUP.
I DIDN'T SEE ANY ISSUES WITH HER OR ANYTHING LIKE THAT.
ANY OTHER QUESTIONS FROM IF THERE'S NO QUESTIONS, ANY QUESTIONS FOR THE APPLICANT ON BEHALF? THOSE, IF THERE IS NO QUESTION, MAY I HAVE A MOTION TO, I MAKE A MOTION TO GO TO VOTE ON THIS SECOND.
IT'S BEEN MOVED BY MR. DAVIDSON AS SECOND BY MR. MARSH TO APPROVE THE VARIANCE.
ARE THERE ANY QUESTIONS ON THE MOTION? IF THERE WAS NO QUESTIONS, CAN I HAVE A VOTE? HE'S GOING TO READ THE VARIANCES FIRST IN THE VOTE.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT A VARIANCE.
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YES.YOU HAVE TO SCOTT, YOU HAVE TO ASK ALL THOSE IN AGREEMENTS.
WHETHER THE VARIANCE IS SUBSTANTIVE.
SEE ALL THOSE OPPOSED? SAY I, SORRY.
ALL THOSE OPPOSED? SAY I LET'S JUST SAY THERE'S NO ONE OPPOSED.
SO NOW I'M GOING TO ACTUALLY TAKE A VOTE.
NOW YOU CAN GO ON TO NUMBER TWO, WHETHER THE VARIANCE IS SUBSTANTIAL.
ALL THOSE IN AGREEMENT SAY AYE.
SEE WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER IT'S JOINING PROPERTIES, WHICH SUFFER OF SUBSTANTIAL DETERMENT AS A RESULT OF THE VARIOUS.
NO, ALL THOSE AGREEMENTS SAY I AYE.
ALL THOSE POSTS SAY I, UM, SECRETARY, RIGHT? MR. DAVIDSON.
MR. MOCK, CAN I ASK A QUESTION ABOUT THIS? OKAY.
THEY WILL BE WITH THE VARIANTS.
IT'S A DETRIMENT TO THE OTHER PROPERTIES.
THAT'S WHY YOU DID SAY NO, SIR.
YOU'RE VOTING IN THE NEGATIVE.
SO WE'RE VOTING IN THE NEGATIVE.
SO YOU'RE AGREEING WITH THE NO MOTION.
I'M AGREEING WITH THE NO MOTION, CORRECT? MS. NEWBIE.
WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THAT DELIVERY OF GOVERNMENT SERVICES SUCH AS WATER, SANITARY, SEWER, OR GARBAGE REMOVAL.
WHETHER THE PROPERTY OWNER PURCHASED A PROPERTY WITH A KNOWLEDGE OF THE ZONING RESTRICTION SAY NO ONE AT ALL IS AN AGREEMENT.
OR AS OPPOSED TO SAY, OH, MR. DAVIDSON.
WHETHER THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE OBVIATED THROUGH SOME OTHER METHOD.
NO, ALL THOSE INGREDIENTS SAY AYE.
WHETHER THE SPIRIT AND INTENT BEHIND THIS ZONING REQUIREMENT WOULD BE SERVED IN SUBSTANTIAL JUSTICE.
BE DONE BY GRADING THE VARIANTS.
ALL THOSE OPPOSED MR. DAVIDSON.
NOW WE'RE GOING TO TAKE THE ROLE ON THE MOTION FOR APPROVAL.
WE PUT IT, WE PUT A COUPLE OF NEW PROCEDURES IN PLACE TONIGHT.
SO THAT'S WHY IT WAS A LITTLE SHAKY GETTING STARTED.
SO IT HAS BEEN APPROVED FOR YOUR NEGATIVE.
THANK YOU TO ALL OF YOU FOR YOUR SERVING IN THIS CAPACITY.
KNOW HOW DIFFICULT IT IS TO GET PEOPLE TO STEP UP AND VOLUNTEER FOR THINGS NOW AGAIN, THANK YOU VERY MUCH.
MR. CURTIS IS WATCHING ONLINE TOO, SO YES.
MADAM CHAIRMAN ISLAND TO CONTACT.
MR. CURTIS CASEY WAS UNABLE TO WATCH FOR ANY REASON TECHNICAL DIFFICULTIES.
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WITH THE AGENDA.WELL, WHAT AM I AGENDA THOUGH? OKAY.
IS THERE ANY ADDITIONAL BUSINESS TO BRING BEFORE THE BOY? OH, OKAY.
WELL WE DO HAVE SOME ADDITIONAL ITEMS ON THE AGENDA TONIGHT.
THE FIRST ONE IS ELECTION ELECTION OF OFFICER MADAM, MADAM SECRETARY.
I, UM, HAVE HAD A PHONE CONVERSATION WITH MR. STEWART, EVEN THOUGH HE COULDN'T BE HERE TONIGHT, HE DOES NOT WANT TO SEEK, UM, EXTENDING HIS CHAIR POSITION.
HE DOES WANT TO STAY AS A MEMBER OF THE BOARD, BUT NOT AS THE CHAIR.
SO AFTER THAT BEING SAID, ARE THERE ANY, ANYONE WHO WANTS TO SPEAK IN FAVOR OF THEMSELVES STATING THAT THEY'RE WANTING TO BE CHAIR? OR IS THERE ANYONE WHO WOULD LIKE TO NOMINATE SOMEONE TO BE CHAIR? MADAM SECRETARY? I THINK SINCE EVA IS THE SENIOR MEMBER OF THE BOARD AND ALREADY VICE CHAIR THAT SHE JUST MOVE UP AND ASSUME THE CHAIRMANSHIP.
I WILL, IF NOT, I'D BE WILLING TO STEP UP.
SO A MOTION WAS MADE FOR MS. NEWBY TO BE THE CHAIR BY MR. DEAN.
SO WE'RE GOING TO MOVE ON TO VICE CHAIR.
NOW WITH HER MOVING UP, WE WILL NEED A NEW VICE CHAIR, WHICH WE WOULD HAVE NEEDED ONE ANYWAY.
SO IF ANYONE WOULD LIKE TO, UM, SPEAK UP FOR THAT OR NOMINATE SOMEONE.
OH, IT'S LIKE TO RUN FOR VICE CHAIR POSSIBLE.
SO I NEED A MOTION FOR MR. DAVIDSON TO BE THE VICE CHAIR.
I'LL MAKE THAT MOTION, MR. DAVIDSON TO BE VICE CHAIR.
OKAY, SO NOW WE'RE GOING TO VOTE, MR. DAVIDSON.
YES, WE HAVE A NEW CHAIR AND A NEW VICE CHAIR.
THIS, EVERYONE HAS A COPY OF THE 2022 SKI MEETING SCHEDULE.
IS THERE ANY OTHER CONCERNS? OBJECTIONS WHEN THE SCHEDULE A SECOND, SAY WHAT? OKAY.
NEVADA GOING AND NOT BEING COLD.
AND AGAIN, THESE MEETINGS ARE, UM, YES, BASED ON CASES A MONTH COMES UP WHERE THERE ISN'T A CASE YOU WOULD BE NOTIFIED THAT THAT MEETING IS CANCELED, WHICH WE SHOULD STILL HAVE SOMETHING FOR FEBRUARY 2ND.
PREVIOUS CASE WE HAVE A PREVIOUS AND A NEW ONE.
SO THERE WILL BE, UM, TWO CASES SO FAR FOR FEBRUARY.
THIS CHAIR I'LL MAKE A MOTION TO APPROVE A UPCOMING YEAR.
COULD I GET A SECOND? IT'S BEEN MOVED BY MR. DAVIDSON AS SECOND BY MR. DEAN TO APPROVE THE 20, 22, UH, MEETING SKETCH OPS SPIRITUAL.
IF THERE'S NO OBJECTIONS TO THE DECEMBER 1ST, 2021 BZA MEETING, UH, MINUTES, THEY WILL BE APPROVED.
ANY OBJECTIONS? ANY CORRECTIONS.
UPCOMING MEETINGS, FEBRUARY 2ND AND MARCH 2ND.
MADAM CHAIRMAN SAID HIS STAFF WOULD LIKE TO CONGRATULATE THE NEW OFFICERS OF THE BOARD.
WE THANK YOU FOR YOUR SERVICE.
LOOK FORWARD TO WORKING WITH YOU IN THE NEXT YEAR.
IF THERE'S NO ADDITIONAL BUSINESS, MAY I PLEASE HAVE A MOTION TO ADJOURN THE MEETING FOR TONIGHT? I'LL MAKE A MOTION TO ADJOURN AND YOU HAVE A SECOND.
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A SECOND BY MR. MOSS TO ADJOURN THE MEETING FOR TONIGHT.