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[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road March 2, 2022 6:30 P.M.]
I SHOULD CALL THE MEETING OF THE CITY OF HUBER HEIGHTS, BOARD OF ZONING APPEAL TO ORDER MADAM SECRETARY, PLEASE CALL THE ROLL.MR. DEAN, MR. MOK, DEAR MS. NEWBIE.
MADAM SECRETARY, WE HAVE ONE SET OF MINUTES OF JULY ON JANUARY 13TH, 2022 MEETING.
IF THERE ARE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THESE MINUTES, PLEASE SPEAK NOW AND SEEING NO COMMENTS OR CORRECTIONS, THE MEET, MEET MINUTES, STAY IN APPROVE, AND WE WILL PROCEED WITH THE AGENDA AS WRITTEN.
MAY I HAVE A MOTION TO APPROVE THE AGENDA? I MAKE A MOTION TO APPROVE THE AGENDA, MR. SECOND.
IT HAS BEEN MOVED BY MR. DAVIDSON AND SECOND BY MR. MARK MARK THAT THE MINUTES FOR, UH, MARCH 2ND, 2020 TO BE APPROVED AND THEY WERE PERFECT OR THEY MADE, THEY MADE A MOTION FOR THE OKAY.
WOULD THAT BE APPROVED? WE DON'T NEED TO TAKE A VOTE ON THAT.
SO WE'LL MOVE ON AS A GENEROUS WRITTEN.
NEXT IS THE SWEARING OF WITNESSES.
IF THERE'S ANYONE THAT WANTS TO SPEAK TONIGHT, IF YOU WOULD STAND AND, UM, COME, UH, IN FRONT OF THE POLIAN AND UM, WE WILL SWEAR YOU IN, DO WE HAVE ANYONE THAT'S GOING TO BE SPEAKING FOR ANY OF THE CASES THAT'S ON THE AGENDA TONIGHT.
SO THEY JUST CAN RAISE THE RIGHT HAND.
YOU RAISED AN ERASER RIGHT-HAND AND AFTER I READ THIS OFF, YOU CAN SAY I DO.
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 WILL ASK EVERYONE TO STAND, RAISE THEIR RIGHT HAND AND SPAWN.
DO YOU HEAR BACK SWEAR OR AFFIRM ON THE THREAT OF PRODIGY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD.
ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER THE CASE REVIEWS AND THE STAFF REPORT, PLEASE STEP UP TO THE PODIUM AND SPELL YOUR NAME FOR THE RECORD AND PLAY.
AND DOES THE SHEET ON THE POEM PULLIAM, AND YOU WOULD SIGN YOUR NAME ON THAT SHEET FOR US, PLEASE.
IF YOU'RE HAND WRITING IS NOT GOOD THAT GOOD.
SO FOR THE RECORDS, WE HAVE THAT IN THE RECORDS.
WE ARE GOING TO PROCEED WITH OLD BUSINESS.
OH, MRS. UH, BZA CASE 2113, THE APPLICANT.
AND I HOPE I PRONOUNCED THIS NAME CORRECTLY.
AND LET ME SPELL THAT FOR THE RECORD.
UH, FIRST NAME IS R I D V A N.
LAST NAME IS C H A K H A L I D Z E IS REQUESTING A VARIANCE FROM SECTION 1180 1.04.
A COVERAGE, A COVER SHOULD NOT BE TALLER THAN 14 FEET ABOVE GROUND.
AT ANY POINT, THE PROPERTY IS LOCATED AT 60 90 BUTTON BUSH STREET.
THANK YOU FOR EVERYONE FOR BEING HERE.
UH, I'LL REVIEW THE CASE REPORT FROM LAST YEAR FOR THIS VARIANCE REQUEST.
THE PROPERTY OWNER IS REQUESTING A VARIANCE OF THE CITY OF HUBRIS ZONING CODE PERTAINING TO THE MAXIMUM ALLOWABLE HEIGHT OF A PROJECTION.
IN THIS CASE, A REAR PATIO OR DECK COVER THE PROPOSED COVER NEEDS TO BE AS TALL AS 15 FEET ABOVE GRADE TO ALLOW A UNIFORM ROOF LINE WITH THE EXISTING HOME IN YOUR PACKET, YOU WILL FIND AN ILLUSTRATION OF THE PROPOSED COVER AND AN AERIAL VIEW OF THE PROPERTY AND THE NEIGHBORHOOD SECTION 1180 1.04 H STATES A COVER CAR PORT OR ENCLOSURE SHALL NOT BE TALLER THAN 14 FEET ABOVE.
AT AUNTIE POINT, AS A RESULT, THE PROPERTY REQUIRES A VARIANCE FROM THE HEIGHT RESTRICTION TO REVIEW THE FURTHER FACTS OF THE CASE THAT ARE NOT IN THE INITIAL REPORT.
THE PATIO COVER WAS CONSTRUCTED PRIOR TO THIS BOARD'S HEARING OF THE CASE.
IT WAS ALSO FOUND TO BE TALLER THAN 14 FEET
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BY MY INSPECTOR WHO MEASURED IT.HE MEASURED A MAXIMUM HEIGHT OF 14 FEET, EIGHT INCHES ABOVE GRADE.
THE BOARD CAN MAKE THE DECISION AT THIS POINT, WHETHER TO GRANT A VARIANCE OR REQUIRE THE REMOVAL OF THE PATIO COVER.
IF YOU HAVE ANY QUESTIONS, I'LL TRY TO ANSWER THEM.
ARE THERE ANY MORE WHO WISH TO SPEAK ON BEHALF OF THIS APPLICANT? YES.
WHAT'D YOU DO WHEN YOU GET UP? WE DON'T HAVE TO GIVE YOU OFF AGAIN.
I KNOW YOU ALL HEARD BEFORE, BUT YOU KNOW, THIS IS A DIFFERENT ONE.
SO ONCE AGAIN, DO YOU HEAR BY SWEARING FROM THE THREAT OF PREJUDICE TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU.
UM, I JUST WANT TO KNOW IT ACKNOWLEDGE OUR MISTAKE AND IT, I JUST WANT TO SAY, YOU KNOW, IT WAS AN HONEST MISTAKE.
UM, WHEN IT STARTED, WHEN THEY STARTED BUILDING THE PATIO, IT WAS A MEANT TO BE HIGHER THAN 14, BUT BECAUSE OF THE SLOPE, IT ENDED UP BEING EIGHT INCHES HIGHER BECAUSE OF THE SEWER IN OUR BACKYARD.
UM, AND THERE WAS ALREADY THE FINISHED CONCRETE.
AND WHEN, BY THE TIME THAT, UM, GREG CAME BY TO INSPECT IT, UM, WE HAD ALREADY PAID A KIND OF STRUCTURES TO FINISH THEIR JOB.
SO THERE, IT WAS EITHER STOPPED THEM AND THEY TAKE THE MONEY AND GO, OR JUST LET THEM FINISH AND TAKE THE RISK WITH THIS.
ANY OF THE MEMBERS HAVE ANY QUESTIONS FOR THE APPLICANT? MADAM CHAIRMAN I'LL ADD TO THAT, THAT THE MEASUREMENT AT THE HOUSE FOUNDATION IS 14 FEET.
IT IS AT THE EXTREME END WHERE THE SLOPE IS THAT IT GOES UP TO 14.
SO MR. UM, THERE'S NO APPLICANTS, UM, QUESTIONS FOR THE APPLICANT.
UM, I'M GOING TO CLOSE THE CASE AND I'M GOING TO READ THE STANDARDS.
AND THEN FROM THERE I WILL TAKE DISCUSSION BEFORE.
DO, DO WE NEED YOU ANYONE WANT A DISCUSSION BEFORE I READ THE STANDARDS? NO DISCUSSION.
I'M GOING TO START READING THE FOLLOWING STANDARDS.
FIRST STEP STATES WHERE THE PROPERTY IN QUESTION, AND AFTER I READ THE STANDARDS, WE NEED TO WALK.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHERE THERE WILL BE ANY BENEFICIAL BENEFIT USE USE OF THE PROPERTY WITHOUT THE FERRETS.
THE NEXT ONE WHERE THE VARIOUS A SUBSTANTIAL ARE SUBSTANTIAL.
MADAM, MADAM SECRETARY, WE TAKE THE BOAT.
WHAT ARE THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER A JOURN JOURNAL PROMPT WILL SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE SEVERITY.
WHERE THE VARIOUS WILL ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SEWER, SANITARY, SEWER, OR GARBAGE REMOVAL.
MS. NEWBIE KNOW WHERE THE PROPERTY OWNER PERKS THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS.
WELL, THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE ARBITRATED THROUGH SOME METHOD OTHER THAN A MR. DAVIDSON.
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MR. DEAN.WHERE THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRETTON OVER ITS MR. DAVIDSON.
AT THIS TIME I WILL CALL FOR A MOTION.
I MAKE A MOTION TO APPROVE THE VARIOUS.
IT'S BEEN MOVED BY MR. DANE AND SECOND BY MR. DAVIDSON THAT THE REQUEST BE APPROVED.
MADAM SECRETARY, WILL YOU TAKE ALL RIGHT, MR. DAVIDSON? YES.
WHAT DOES HE WROTE? UM, YOUR REQUESTS HAVE BEEN APPROVED.
YOU NEED TO GET WITH THE CITY AND DO WHATEVER ELSE THEY MIGHT NEED YOU TO DO.
OKAY, WELL, WE'LL PROCEED TO OUR NEXT CASE.
THE NEXT CASE IS B Z A K S 2203.
THE APPLICANT APRIL HAND MAJOR IS REQUESTING A VERGE FROM SECTION THAT'S 22.
IS REQUESTING A VARIANCE OF SECTION 11 47 0 4.
WHERE WE'RE YOUR SETBACK REQUIREMENT? UH, PROPERTY IS LOCATED AT 62 0 9 HEMMING WAY.
ARE WE DOING THAT'S THIRD CASE? YOU GOT WRONG? I GOT IT WRONG.
LET ME LOOK AT MY, LET ME LOOK UP THE ONE YOU SENT ME TO THE MAIL FAIRNESS RIGHT HERE.
I'M GOING READ IT FROM THIS FOR THE RECORD.
READ IT FROM THIS ONE THAT I HAVE WHAT'S RIGHT HERE.
WHERE TO FROM HERE? OH, TO ADD, OKAY.
THE ADDRESS IS 67 60 CHAMBERSBURG.
IT'S TOO SHORT TO BE APOLOGIZED WITH STUFF YOU CAN CORRECT ON THE SPOT.
SO WE'RE GOING TO WORRY ABOUT, OKAY.
LET ME GET BACK TO THE FLOW OF THINGS.
SO WE'RE GOING TO GO TO THE CITY STAFF CITY STAFF.
UH, THE, UH, PROPERTY IS 67 68 CHAMBERSBURG ROADS, PROPERTY REQUESTING A VARIANCE AS A RESIDENTIAL PROPERTY.
AS FAR AS SURROUNDING PROPERTIES, ARE THE APPLICANTS REQUESTING A VARIANCE TO ALLOW AN ACCESSORY BUILDING TO REMAIN IN THE FRONT YARD.
I HAVE A LETTER FROM THE APPLICANT I'LL READ FIRST, AND THEN I WILL READ MY STAFF REPORT IF THAT'S OKAY WITH THE BOARD.
THE DATE OF JANUARY 2ND, 2020 1, 20 22, EXCUSE ME.
AHMED ABDUL RAHEEM OF 67 60 CHAMBERSBURG ROAD RIGHTS.
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I ORDERED A PREFAB SHED ON 26, JULY, 2021.THE MAN MANUFACTURER INFORMED ME THAT THERE WERE AT LEAST 12 WEEKS ON BACK ORDER DUE TO COVID AND THE MATERIAL SHORTAGE ON AUGUST 16TH, 2021, THE SHED WAS DELIVERED WITHOUT NOTICE I WAS TOLD AN ORDER WAS CANCELED AND THE SHED I RESERVED WAS NOW AVAILABLE.
I WAS HAPPY THE SHED WAS AVAILABLE EARLY, BUT I DID NOT HAVE THE TIME NEEDED TO MAKE PROPER RANGE.
ONCE THE SHED WAS UNLOADED IN FRONT OF THE HOUSE, WHEREAS IT NOT WITH THE, IT IS NOT WITHIN HUBER HEIGHTS CODE SIDE, I'M AT ABDUL OR HAIM TECH, SERGEANT USA, OR FORCE MY STAFF REPORT RATES AS FOLLOWS.
AND THEN YOU SEE THE ATTACHMENTS IN YOUR PACKETS, THE PROPERTY OWNERS REQUESTING A VARIANCE OR THE CITY OF HUBRIS ZONING CODE PERTAINING TO THE PLACEMENT OF AN ACCESSORY BUILDING.
THIS NON-PERMITTED BUILDING WAS OBSERVED ON SITE BY A CODE ENFORCEMENT OFFICER ON PATROL UPON CONTACTING THE CITY.
THE PROPERTY OWNER WAS ADVISED THE LOCATION WAS NOT ACCEPTABLE AS WELL AS A VIOLATION OF CITY CODE.
THE OWNER WAS ADVISED TO PERMIT WOULD NOT BE ISSUED WITH THE BUILDING UNDER VIOLATION FOR ITS LOCATION.
THE ONLY OPTIONS GIVEN WERE TO RELOCATE THE BUILDING PROPERLY AND THEN APPLY FOR A PERMIT OR APPEAL, APPLY TO THE BOARD OF ZONING APPEALS FOR A LOCATION VARIANCE IN YOUR PACKET, YOU WILL FIND AN AERIAL VIEW OF THE PROPERTY AND A PHOTO OF THE ACCESSORY BUILDING IN THE FRONT YARDS, SECTION 1190 1.01 OF THE ZONING CODE STATES IN ANY R B A P THROUGH PD OR I DISTRICT AND ACCESSORY BUILDING NOT EXCEEDING ONE IN ONE HALF STORIES OR 14 FEET IN HEIGHT MAY BE PERMITTED IN A REAR YARD, NOT WITHIN FIVE FEET OF THE SIDE AND REAR LOT LINES IN ORDER FOR ANY STRUCTURE TO BE CLASSIFIED AS AN ACCESSORY BUILDING IS, SHALL BE AT LEAST FIVE FEET FROM ANY PERMANENT STRUCTURE.
THE APPLICANT THEREFORE REQUIRES A VARIANCE FOR THE BUILDING TO REMAIN IN ITS CURRENT LOCATION.
IF THE BOARD WOULD SHIFT GRANT A VARIANCE, THE PROPERTY OWNER WILL BE REQUIRED TO IMMEDIATELY OBTAIN A PERMIT.
STAFF ANALYSIS OF THE LOT IS APPROXIMATELY 0.6, NINE ACRES.
THERE ARE NO EASEMENTS AFFECTED BY THE PLACEMENT OF THIS SHED ON ANY POINT OF THE LOT.
AND THE STRUCTURE IS AN ACCESSORY BUILDING CURRENTLY PLACED IN THE FRONT YARD.
UH, THE CITY ENGINEERING DEPARTMENT HAS NO ISSUES REGARDING THIS VARIANCE.
IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO ANSWER THEM.
BEFORE WE, BEFORE WE GO INTO QUESTIONS, WE NEED TO CORRECT FOR THE RECORD.
THE NAME, UM, WE SAID APRIL HAMMOND ON THE ORIGINAL COPY IS, UH, AHMAD ABDUL.
SO WE PUT THAT MIXTURE IN THE RECORD BECAUSE THE NAME WAS CHATTING.
IT WAS DIFFERENT FROM WHAT THE SONG WAS THAT.
SO IT JUST, I JUST WANT ME TO PUT IN THE RECORD.
DOES ANYONE HAVE ANY, UM, DOES, IS ANYONE OUT IN THE AUDIENCE FOR THIS CASE? NO.
I KNOW YOU ARE WITH THE OTHER CASE DOES NOT APPEAR TO BE ALL RIGHT.
SO WE DON'T HAVE AN APPLICANT TO SPEAK ON IT.
SO, AND DISCUSSION FROM, REMEMBER MADAM CHAIR.
UM, I DID GO OUT TO SEE THE SITE.
UM, IT DEFINITELY IT'S SITTING ON CHAMBERSBURG AND THE HOUSE IS ALMOST FACED, RIGHT.
SO YOU CAN'T EVEN SEE THAT THE FRONT DOOR OF THE HOUSE, YOU KNOW, ACROSS THE STREET FROM WHERE OUR PART, UM, ALSO ON THAT SAME LOT, YOU COULD SEE THE ARROW PHOTO.
UM, THEY HAVE A GARAGE OUT THERE ON THE SIDELINE.
I, I THOUGHT IT WOULD BE PERFECT RIGHT THERE.
SO I DIDN'T UNDERSTAND, YOU KNOW, I THINK THAT'D BE A BIG ASK TO, FOR US TO GRANT THIS.
IS THERE ANY, DID ANYONE? I WENT, I WENT, I WENT AND SAW ALL THE PROPERTIES, SO, OKAY.
SO AS IN, DID ANYONE ELSE GO SEE IT? I DID NOT GO SEE IT.
YOU CAN SEE IN THE PHOTO ON WHERE THE SHED IS SITTING OUT IN FRONT OF THE HOUSE, THE ONE THAT LOOKS AT THAT'S AN ANGLE SHOT RIGHT THERE, NUMBER WE HIT ON.
SO IT'S A STEEL SHED IS THE BUILDING TO THE RIGHT OF THAT PHONE.
BECAUSE WHEN YOU GO INTO THE DRIVEWAY IS TO THE RIGHT THAT YOU CAN GO CAUSE THE GARAGE, AND THIS IS WHERE IT WAS DELIVERED.
IT SAYS, I LIKE THE, UH, IF I MAY, FOR A MONTH, THE APPLICANT TOLD ME HE WAS OUT OF TOWN.
HE HAS MILITARY, IT WAS DELIVERED AND PLACED THERE BY THE VENDOR.
UM, PRESUMABLY WITHOUT HIS KNOWLEDGE, MORE IMPORTANTLY AS I'M CONCERNED WITHOUT A PERMIT, BUT THAT MATTER WILL BE TAKEN UP WITH HIM.
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HIS REASONING FOR BEING THERE.UH, HE DIDN'T KNOW IT WAS GOING TO BE DELIVERED AND THAT'S WHERE THEY PUT IT.
THAT'S THE INFORMATION HE GAVE TO ME.
SO DID THE APPLICANT SAID THAT WHEN THEY DELIVERED THE DAY MAKEUP, UM, CONCRETE, DID THEY MAKE IT PERMANENT? I DON'T KNOW.
WE DON'T HAVE ANY, WE DON'T HAVE ANY REQUIREMENT FOR THAT, BUT IT MAY BE JUST CAUSE I DON'T GO ON PEOPLE'S CRAP.
MY GUESS IS, IS SITTING IN SOME BARKS OR CHIPS.
ANY OTHER QUESTIONS? I GOT HIM.
SO I'M GOING TO CLOSE THE CASE AND I'M GOING TO READ THE VARIANCE AFTER HE SPURTS.
MADAM SECRETARY, WILL YOU TAKE A VOTE? THE FIRST ONE WHERE THE PROPERTY IN QUESTION WILL YIELD AT REASONABLE RETURN OR WHERE THERE'LL BE ANY BENEFITS YOU USE OF THE PROPERTY WITHOUT THE VARIANCE.
WHERE ARE THE VARIOUS A SUBSTANTIAL MR. DAVIDSON? YES.
WELL, THE CENTRAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTER A WORD.
A WHETHER ADJOURNED PROPERTY WOULD SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VIRUS.
WHERE THE VERUS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENT SERVICES SUCH AS WATER, SANITARY, SEWER, OR, UM, MOMENT.
WHERE THE PROMPTER ON THE PURSE TO PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS.
WHERE THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE.
I WOULD OBLIGATE AIDED THROUGH SOME METHOD OTHER THAN A VARIANCE.
WHERE THE SPIRIT IS, TIT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING OF AARON'S.
MAY I HAVE A MOTION TO, TO APPROVE THIS CASE? I MOVED TO APPROVE THIS CASE.
I'M HAVING THE DAY TO DAY AND SECOND BY MR. DEAN.
MY FRIENDS AND I'M HAVING MY SECOND MUST BE MET.
SECRETARY, COULD YOU TAKE THE FALL MR. DAVIDSON? NO.
MS. NEWBIE, NO VARIANCE FAILS FOUR TO ZERO.
WE'RE GONNA TAKE JUST A BREAK.
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OKAY.WE'RE GOING TO GO TO THE NEXT CASE IS CASE 2203, ABRAHAM MY OWN WITH THE HABITAT FOR HUMANITY.
THEY KNOW HOW, UM, THE APPLICANT IS REQUESTING EVERENCE TO ACQUIRE A REAR YARD SETBACK.
THE ADDRESS IS 62 0 9 HYMNING WAY.
THIS VARIANCE IS REGARDING A STRUCTURE WITHOUT A PERMIT AND HAVING AN INADEQUATE REAR YARD SETBACK.
THE PROPERTY OWNER IS REQUESTING A VARIANCE OF THE CITY OF HUBER HEIGHTS, ZONING CODE, PERTAINING TO THE REQUIRED REAR YARD SETBACK FOR A PRINCIPAL STRUCTURE.
IN THIS CASE, HE REAR ROOM ADDITION.
THE RESIDENT HAD A REAR ROOM ADDITION CONSTRUCTED, BUT FAILED TO OBTAIN HIS OWN NEW CERTIFICATE OR BUILDING PERMIT.
IN ADDITION BECOMES PART OF IN THIS CASE, THE HOUSE IS NOT CONSIDERED AN ACCESSORY STRUCTURE.
NORMALLY THIS SITUATION WOULD BE A SIMPLE MATTER OF BOOKKEEPING.
THE OWNER WOULD APPLY A FOR THE ZONING CERTIFICATE TO NO PUNITIVE ACTION TAKEN.
HOWEVER, THE REAR ADDITION IS CONSTRUCTED TO CLOSE TO THE REAR PROPERTY LINE WITHIN 28 FEET, RATHER THAN THE REQUIRED 40 FEET.
THEREFORE ZONING CERTIFICATE MAY NOT BE ISSUED WITHOUT A VARIANCE BEING GRANTED.
THIS IS A HABITAT FOR HUMANITY HOME CONSTRUCTED IN 2020, AT WHICH TIME ALL PERMITS WERE OBTAINED FOR THE ORIGINAL HOUSE FROM BOTH THE CITY AND MONTGOMERY COUNTY BUILDING REGULATIONS.
THE CITY BELIEVES A SIGNIFICANT LANGUAGE BARRIER THAT MAY HAVE EXISTED BETWEEN THE RESIDENT AND THE CONTRACTOR COULD HAVE BEEN A CONTRIBUTING FACTOR IN THIS SITUATION.
ALSO, THE CITY BELIEVES THERE WAS NO INTENT ON THE PART OF THE RESIDENT TO SKIRT THE CODE.
THE RESIDENT APPLIED FOR HIS OWN CERTIFICATE AFTER BEING MADE AWARE OF ITS NECESSITY HABITAT FOR HUMANITY TO DIRECTOR, NORMALLY IS AWARE OF THE CURRENT SITUATION.
ADDITIONALLY, THE ISSUE WITH MONTGOMERY COUNTY'S BUILDING PERMIT IS BETWEEN THE OWNER AND MONTGOMERY COUNTY.
AND SHE HAD TO HAVE NO BEARING ON THE BOARD'S DECISION.
THE CITY'S ZONING CERTIFICATE, INDEMNIFIES THE CITY FROM ANY RESPONSIBILITY TO NOTIFY OTHER AGENCIES, MAKING IT THE APPLICANT'S RESPONSIBILITY IN YOUR PACKET, YOU WILL FIND PHOTOS OF THE ADDITION ALONG WITH THE VIOLATION OF CASE REPORT AND A COPY OF THE LETTER MAIL TO THE OWNER.
SECTION 1147 OF THE ZONING CODE PERTAINS TO OUR FOUR SINGLE FAMILY DISTRICTS, SECTION 1140 7.04 AREAS, STANDARD SPECIFIES A REQUIRED REAR YARD DEPTH OF 40 FEET.
THIS MEASUREMENT IS TO BE TAKEN FROM THE REAR MOST FOUNDATION OF THE BUILDING.
THE APPLICANT THEREFORE REQUIRES A VARIANCE OF 12 FEET FOR THE ADDITION TO REMAIN WITHIN 28 FEET OF THE REAR PROPERTY LINE.
THE CITY HAS NO OBJECTION TO THE GRANTING OF THIS AREAS AS STAFF ANALYSIS AND THE PROPERTY HAS LOTS OF APPROXIMATELY 0.2, FIVE ACRES.
THERE ARE NO EASEMENTS AFFECTED.
IT IS A RARE ADDITION PLACED AT THE NORTHEAST CORNER OF THE HOUSE.
THE CITY ENGINEER HAS NO ISSUES REGARDING THIS VARIANCE.
I DO HAVE AN APPLICATION FROM THE OWNER IN MY POSSESSION.
SO WE'RE AT THAT POINT WITH THE APPLICATION THAT HAS BEEN SUBMITTED FOR OUR CONSIDERATION.
I'LL BE HAPPY TO ANSWER ANY QUESTIONS.
THE STAFF LET'S NOT HAVE ANYONE SPEAK THAT WANTS TO SPEAK ON THIS CASE.
WHEN YOU COME TO THE POLLING, YOU KNOW, SAY YOUR NAME AND THEN, AND THEN, UH, YEAH, ABRAM.
I WAS JUST HELPING HIM WITH, OKAY.
WELL, IF YOU WANT TO, IF YOU, IF YOU CAN SPEAK FOR HIM, AS LONG AS YOU, YOU TOOK THE, YOU TOOK THE OFF.
MY NAME IS ELI AND I WAS JUST HELPING HIM.
I WAS, UH, HIS ENGLISH IS A NEW IMMIGRANT.
UH, HE WAS A REFUGEE WAS, UH, HIS KIDS.
SO HOW DID THAT HELP YOU BUILD THIS HOUSE? PLEASE SPEAK INTO THE MICROPHONE, HELP HIM BUILD THIS HOUSE.
AND I USUALLY HELP HIM WITH WHATEVER HE NEEDS, IF HE NEEDS TO DO, HE GOT ABOUT FOUR KIDS, FIVE KIDS NOW, AND HE GOT THIS HOUSE AND I WAS BACK IN THE AFRICA TO HELP MY PARENTS, MY DAD.
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SO HE TRIED TO BUILD, ENDED UP A CONTRACTOR, I GUESS HE GAVE HIM THE APPLICATION AND HE DIDN'T KNOW.HE SAID, OKAY, WE JUST HAVE TO DO AND THAT HE SIGNED THE LEASE OR WHATEVER.
AND HE BUILT HIM THIS WITHOUT ANY PERMISSION.
IF HE WOULD HAVE KNOW HE WOULD HAVE DONE IT BY THE BOOK, BUT HE DIDN'T KNOW ANYTHING ABOUT ZONING OR HE THOUGHT WAS, HE'S DOING GOOD STUFF FOR HIS KIDS MORE ROOM.
HE JUST TRIED TO MAKE IT A BIGGER FOR HIS KIDS, BUT HE DIDN'T KNOW TRYING TO DO ANYTHING.
DO ANY OF THE MEMBERS OUT ON QUESTIONS FOR, YOU KNOW, WHO WE HIRED TO DO THE ADDITION AND THEY DIDN'T ASK FOR A PERMIT OR ANYTHING LIKE THAT? HE GAVE HIM THE FORM.
I THINK, I BELIEVE, UH, YEAH, HE'S STILL, HE SAID HE TOOK IT A FORM AND HE LIKE, WHAT YOU YEAH.
I THINK HE NEED TO DO THIS BECAUSE SOMEBODY, ONE OF HIS, A JOB WORKERS TO DO THAT AND HE GOT THE APPLICATION AND HE GAVE IT TO HIM AND HE TOOK IT TO, HE PUT IT IN A CAR.
HE SAID, WE'LL TAKE CARE OF IT.
SO HE THOUGHT HE WOULD BE TAKING CARE OFF.
SO THE INDIVIDUAL THAT DID JUST SAY THAT HE WAS GOING TO TAKE CARE OF EVERYDAY FOR YES.
AND THEN HE JUST TAKE HIM THE MONEY, BUT THIS IS THE CONTRACT.
THAT IS WHAT I'VE BEEN TALKING IN.
THAT ONE ON THE PAGE IS MISSING NOTHING.
LET ME GET THAT GUY'S NAME AGAIN.
CAN YOU GUYS WAIT, LET ME MAKE A COPY.
WE'RE GOING TO MAKE A COPY FOR OUR RECORDS IF YOU DON'T.
SO MADAM CHAIRMAN, THIS WON'T REQUIRE ANY TRANSCRIBING FROM THE SECRETARY.
WELL, THIS IS NOT A COMMON SITUATION.
DOES ARISE CONTRACTORS TAKE ADVANTAGE OF TRUSTING PEOPLE.
UM, AND FORTUNATELY FOR OUR COMMUNITY WHERE WE'RE DEVELOPING A VERY LARGE IMMIGRANT POPULATION, WE'RE VERY DIVERSE NOW, BUT THERE ARE SOME LANGUAGE BARRIERS THAT NEED TO BE OVERCOME.
WE'VE BEEN DEALING WITH THIS FOR SOME TIME.
UH, SO AGAIN, I DON'T BELIEVE THAT THERE THERE'S ANY MALICIOUS INTENT HERE ON THE PART OF THE, OF THE PROPERTY.
SO WE'RE GOING TO WAIT FOR IT TO COME BACK SO SHE CAN TAKE NOTES.
IS THERE ANYTHING ELSE YOU YOU YOU'D LIKE TO SHARE OR DID YOU WANT TO COME UP BECAUSE YOU ARE WITH THE HABITAT FOR HUMANITY.
DO YOU SEE ANYTHING THAT YOU'D LIKE TO SAY? SO YOU SAID HAVING KIDS, YOU SAY YOU HAVE, OH, I HAVE A NEW BABY A MONTH AGO.
HUH? HE JUST DIDN'T HAVE A NEW BABY A MONTH AGO.
DOES THAT MAKE FIVE? WOULD THAT MAKE SIX? A FIVE.
YOU KNOW WHAT? A SMALL LUNCH CHOCOLATE, SUGAR.
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OKAY.WELL, WE CAN PROCEED NOW THAT THE SECRETARY AMOUNT OF SECRETARY IS BACK.
SO IF YOU WANT TO COME TO THE PODIUM, YOU SAY SOMETHING, CAN YOU STATE YOUR NAME FOR THE RECORD? AND THEN MY NAME IS NORMAN.
M I O Z Z I, AND I'M THE EXECUTIVE DIRECTOR AT HABITAT FOR HUMANITY OF GREATER DAYTON.
SO LET ME GET MY NAME ON HERE.
AND THEN JUST FOR THE RECORD, JUST TO BE CLEAR.
SO, UH, MR. MATER, HIS WIFE ARE THE OWNERS OF THE PROPERTY HABITAT FOR HUMANITY.
UM, WE DID BUILD THE HOME ORIGINALLY, UM, BUT I, I WANNA MAKE SURE THAT THE, THAT YOU UNDERSTAND HOW OUR, HOW OUR PROGRAM WORKS.
SO WE WERE THE CONTRACTOR THAT BUILT THE HOUSE, MR. MATA, AND HIS WIFE PURCHASED THE HOUSE FROM US.
AND THEN OUR RELATIONSHIP NOW IS THAT WE, UM, SERVICE THE MORTGAGE ON THE PROPERTY, UH, FOR MR. MONITOR.
UM, I THINK JUST LIKE, UH, YOU AND MR. MAILLARD, UH, WERE SURPRISED TO HEAR ABOUT THIS.
WE WERE ALSO, AND WE UNDERSTAND THE, UM, THE CHALLENGE, OF COURSE, THAT'S PRESENTED TO YOU GUYS RIGHT NOW.
UM, BUT I DO WANT TO SPEAK JUST A LITTLE BIT ABOUT MR. MODERN, HIS WIFE, AS YOU JUST HEARD HE'S, YOU KNOW, FIVE CHILDREN.
UM, MR. MATER WAS IN OUR PROGRAM FOR FIVE YEARS PRIOR TO GETTING THE OPPORTUNITY TO PURCHASE HOME, PURCHASE THIS HOME IN HUBER HEIGHTS, WHICH IS SOMETHING THAT THEY, UH, WAITED FOR BECAUSE THEY WANT IT TO BE CLOSE TO WHERE HE WORKS, WHICH IS NORTH OF TOWN.
UM, HE'S ONE OF THE HARDEST WORKING FAMILIES.
HE AND HIS WIFE WERE THE HARDEST WORKING FAMILIES THAT WE HAD IN OUR PROGRAM.
THEY DO SWEAT EQUITY TO, UH, AS BASICALLY A PART OF THEIR DOWN PAYMENT, WHICH THEY COMPLETED IN ABOUT THE FIRST, PROBABLY EIGHT MONTHS TO A YEAR.
AND THEN JUST REALLY WE'RE WAITING FOR THE OPPORTUNITY TO PURCHASE A HOME.
AND I KNOW THEY LOVE BEING IN HUBER HEIGHTS.
SO, UM, WITH THAT SAID, UM, AS SOON AS WE FOUND OUT ABOUT, ABOUT WHAT HAD TAKEN PLACE, I SPOKE TO ABRAHAM AND THE FIRST THING HE SAID IS, OH, NO, WE WE'VE, YOU KNOW, MY CONTRACTOR GOT ALL THE PERMITS AND I'M LIKE, WELL, I DON'T THINK THAT HAPPENED BECAUSE I GOT A CALL FROM, UH, DON, YOU KNOW, ABOUT THAT YOUR HOUSE.
UM, I TRULY BELIEVE THAT HE WAS TAKEN ADVANTAGE OF, UM, YOU KNOW, THAT RIGHT OFF THE BAT, HE SAID, I, I GAVE HIM THIS, I TOLD HIM THIS, I TOLD HIM HE NEEDED TO DO THIS.
UM, AND OBVIOUSLY IT DIDN'T TAKE PLACE.
SO, YOU KNOW WHAT WE WERE, WHAT WE'RE ASKING FOR, WE UNDERSTAND THE SEVERITY OF THIS, OR, YOU KNOW, ON HIS BEHALF, UM, IF YOU WOULD BE ABLE TO GRANT THE VARIANCE, THEN UNDERSTAND THAT THE OTHER THING, AND WE'VE ALREADY TALKED TO ABRAHAM, HE'S ALREADY TALKED TO THE MONTGOMERY COUNTY BUILDING DEPARTMENT ABOUT THE CHALLENGE, THE NEXT CHALLENGE THAT HE HAS, WHICH IS OF COURSE GETTING THE REST OF THIS OR GETTING THE ADDITION INSPECTED AND HOPEFULLY COMING TO A SUCCESSFUL CONCLUSION REGARDING THAT.
UM, I DON'T KNOW IF THERE, ARE THERE ANY QUESTIONS ABOUT ANYTHING ELSE THAT I MIGHT BE ABLE TO SHARE? MAYBE I CAN HELP.
I DO WANT TO SAY THAT, YOU KNOW, LIKE THROUGH OUR, THROUGHOUT OUR PROGRAM, ABRAHAM, LIKE SOME OF THE OTHER FAMILIES THAT WE SERVE, UM, WHERE WE DO HAVE A LANGUAGE BARRIER, WE WILL TYPICALLY, WE WILL BRING IN SOMEONE TO INTERPRET SO THAT, YOU KNOW, THEY DO UNDERSTAND OF COURSE THE THINGS IN OUR PROGRAM AND THEY UNDERSTAND ABOUT BEING, YOU KNOW, HOMEOWNERS.
UM, ABRAHAM WAS ONE OF THOSE WE HAD TO, YOU KNOW, ALWAYS HAVE SOMEBODY THERE JUST TO MAKE SURE THAT THINGS WERE UNDERSTOOD.
I BELIEVE THAT THE GENTLEMAN WHO DID THE WORK FOR HIM, UH, TOOK ADVANTAGE OF THAT.
AND SO WE'RE AT THE, WE'RE AT THE CROSSROADS WHERE WE ARE NOW.
WELL, I'M VERY FAMILIAR WITH HABITAT FOR HUMANITY TEST.
I USED TO WANT FOR A PROBLEM THAT WE WORKED WITH Y'ALL SO I'M VERY FAMILIAR.
DID Y'ALL HAVE ANY QUESTIONS FOR THE DIRECTOR? OKAY.
NOW THAT MY SUGAR'S UP A LITTLE BIT.
WITH THE PROPERTY IN QUESTION, WILL YOUR YIELD AT REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANTS? MADAM SECRETARY, WILL YOU TAKE A VOTE PLEASE? MR. MARK? YES.
WELL, THE VARIOUS SUBSTANTIATE, MR. MOK.
WELL, THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER ADJOURN PROMPTLY WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RE ZAP.
OTHER BARRIERS MAY HAVE SECTOR WHERE YOU TAKE THE MR.
[00:40:01]
MOK.WELL, THE BRANCH WILL ADVERSELY AFFECT THE DELIVERY OF GOVERNMENT TO SERVICE SUCH AS WATER SANITARY, SEWER GARBAGE WITH MR. MOK.
WELL, WHERE THE PROPERTY ON APPROACH THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION MAP A SECRETARY, WE TAKE A VOTE.
WELL THE PROPERTY OWNER, WHAT FEES? WE CAN OBLIGATE THROUGH SOME OTHER METHOD OTHER THAN THE BIRDS, MR. MOK WITH HER CAN BE F RIGHT? YES.
WHERE THE SPIRIT INTENT BEHIND HIS ONLY REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.
MAY I HAVE A MOTION TO APPROVE THIS VARIANCE? I'LL MAKE A MOTION TO APPROVE THE VARIANCE FOR BZA CASE 2203 SECOND.
IT'S BEEN MOVED BY MR. DANE AND SECOND BY MR. MA, THAT CASE BZ Z A CASE, UH, 2203 BE APPROVED.
DERRICK, MAY I HAVE A VOTE? IS THERE NOT HAVE A, A SECRETARY? MR. MA? YES.
VENUS HAS BEEN APPROVED FOR ZERO.
WE'LL SEE THAT HE GETS HIS CERTIFICATE OF ZONING COMPLIANCE FROM THE CITY WILL BE MAILED TO YOU.
THANK YOU FOR YOUR VOLUNTEERS, BUT THANK YOU FOR DOING WHAT YOU DO.
WELL, WE'LL CONTINUE WITH THE AGENDA.
ANY ADDITIONAL BUSINESS THAT NEEDS TO BE DISCUSSED TONIGHT? I DON'T.
IF THERE'S NO ADDITIONAL MYTH BUSINESS, WE WILL MOVE ON UPCOMING MEETINGS, APRIL SIX AND MAY 4TH.
IF THERE'S NOTHING I CAN, I HAVE A MOTION TO ADJOURN.
WHAT WAS THAT? OH, THAT'S THE FIRST I SPOKE UP REAL QUICK.
IT'S BEEN MOVED AND SECOND BY THE TWO GUYS DOWN AT THE END DAVIDSON, THE MARKET TO MEET AND BE A JAR.