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[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road October 5, 2022 6:30 P.M.]
I SHOULD CALL THE MEETING OF THE CITY OF HUBER HEIGHT, BONE OF ZONING APPEALS TO ORDER.UM, WE WILL FOLLOW THE AGENDA THAT'S WRITTEN TONIGHT IN THE FIRST, UH, BUSINESS.
TONIGHT IS FIRST TO WELCOME A NEW MEMBER TO THE BOARD, MR. PAUL SCHAFFER.
AND AT THIS TIME, IT GIVES ME GREAT PLEASURE TO MAKE YOUR OFFICIAL MEMBER OF THE BOARD.
IF YOU COME STAND AND TAKE THE OATH, RAISE THE RIGHT HAND.
IF YOU WERE, RAISE YOUR RIGHT HAND AND, UH, REPEAT AFTER ME.
DO SOLEMNLY SWEAR, DO SOLEMNLY SWEAR AFFIRM, AFFIRM TO SUPPORT THE CONSTITUTION OF THE UNITED STATES TO SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF THE STATE OF OHIO, CONSTITUTION OF THE STATE OF OHIO, THE CHARTER AND ALL, OR ORDINANCE OF THE CITY OF THE HEIGHTS, CHARTER ORDINANCE OF THE CITY OF BEAVER HEIGHTS.
AND THAT I WILL FAITHFULLY AND I WILL FAITHFULLY, HONESTLY AND IMPARTIALLY HONESTLY IMPARTIALLY DISCHARGE THE DUTIES OF MY OFFICE, DISCHARGE FOR THE DUTIES OF MY OFFICE TO THE BEST OF MY ABILITY TO THE BEST OF MY ABILITY.
NOW WE WILL TAKE MAD SECRETARY, WILL YOU PLEASE CALL THE ROLE? ALL RIGHT, MR. DAVIDSON.
MS. NEWBY HERE WE HAVE ONE SET OF MINISTER APPROVED FROM SEPTEMBER THE SEVENTH, 2022.
IF THERE ARE NO COMMENTS OR CORRECTIONS TO BE MADE TO THOSE MINUTES, IF THERE PLEASE SPEAK NOW.
NO COMMENTS, SEEING NO COMMENTS OR CORRECTION DISMISSED WILL BE APPROVED AS WRITTEN.
MAY I HAVE A MOTION TO APPROVE THE AGENDA? THE AGENDA FOR THIS EVENING? MAKE A MOTION TO APPROVE THE AGENDA FOR OCTOBER 5TH, 2022.
MAY I HAVE A SECOND? I'LL SECOND.
IT'S BEEN MOVED BY MR. DAVIDSON AND SECOND BY MR. MARK THAT THE AGENDA FOR THIS EVENING BE APPROVED.
ARE THERE ANY QUESTIONS ON THE, ABOUT THE AGENDA? OKAY, WITHOUT ANY OBJECTIONS, THE JENNIFER AND NIGHT MEETING IS APPROVED IN ACCORDANCE WITH THE RULES OF THE BO BOARD OF ZONING APPEALS.
ANYONE WHO WISHES TO SPEAK OR GIVE TESTIMONY REGARDING ITEMS ON THE AGENDA TONIGHT THIS EVENING NEEDS TO BE SWORN IN.
I WILL ASK EVERYONE TO STAND AND RAISE THEIR RIGHT HAND AND RESPOND.
I DO TO THE FOLLOWING OATH IF YOU PLAN TO COME UP TO THE PODIUM AND SPEAK ON ANYTHING ON THIS AGENDA TONIGHT.
DO YOU HEAR BY SWEAR TO AFFIRM ON THE THREAT OF PRAYER TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
ANYONE THAT MAY WISH TO TONIGHT AFTER CASE REVIEW IS, UH, READ BY THE STAFF.
STATE YOUR NAME AND SPELL IT FOR THE RECORD.
AND THERE IS A SIGNATURE SHEET ON THE PODIUM, UM, THAT YOU MUST SIGN ALL BUSINESS THIS EVENING.
WE HAVE ALL BUSINESS CASE 2214.
THE APPLICANT, WILLIAM E B SPIELBERG BERE, IS REQUESTING A SUPPLEMENTED VARIANCE FROM SECTION 1180 1.04 FOR HEIGHT AND PROJECTION OF A REAR PATIO COVER THAT HAS BEEN CONSTRUCTIVE.
PROPERTY IS LOCATED AT 64 50 FOR EMORY DOW PLACE.
UM, MY FIRST COMMENT, UH, IS WE HAVE JUST BEEN HANDED A SET OF PLANS BY MR. MILLBURY.
I SEE AT LEAST ONE CHANGE TO THE ELEVATION.
WE'VE HAD NOT HAD AN OPPORTUNITY.
OBVIOUSLY, STAFF HAS NOT HAD AN OPPORTUNITY TO REVIEW THESE.
UH, WE WILL NEED TO REVIEW THEM.
HOWEVER, AS YOU MAY HAVE NOTICED, I SEE THAT THE HEIGHT HAS BEEN REDUCED TO 16 FEET.
I'M ASSUMING THE PROJECTION HAS BEEN ADJUSTED AS WELL WITHOUT GOING THROUGH THE REVIEW.
BUT I'LL LET MR. BRE ADDRESS THAT IF HE WILL AT THE PODIUM.
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THE, UM, BOARD MEMBER HAVE ANYTHING FOR STAFF? NO.IF NOT, UM, WHOEVER'S GONNA SPEAK FOR THIS CASE, IF YOU, UH, PREFER YOU FIRST.
NOT, AND THE REASON WHY PREFER YOU FIRST, SINCE WE ARE JUST GETTING THIS DOCUMENTATION MM-HMM.
WE WANTED TO KNOW WHAT IS THE DEVIATION OR DIFFERENCE FROM WHAT WAS PRESENTED LAST MONTH COMPARED TO THIS MONTH.
SO WE CAN HAVE A CLEAR UNDERSTANDING.
THAT'S WHY I BROUGHT THE DRAWINGS, BUT IT WAS TOO HARD FOR ME TO TRY TO EXPLAIN IT WITHOUT YOU KNOWING WHAT IT, BUT FIRST, BEFORE I DO, I NEED YOU TO STATE YOUR NAME, SPELL IT, AND I NEED YOU TO SIGN THAT, THE PAPER ON THERE.
UM, I LIVE AT 64 54 EMERALD DOWNS HUB, RIGHTS, OHIO 45 4 24.
I, I GAVE YOU A SET OF DRAWINGS THAT I WANTED TO GO OVER.
THIS, THIS IS THE FIRST VARIANCE THAT YOU GUYS HAD PASSED FOR ME.
IT'S NOT CONTAINED TO THIS VARIANCE AT THIS POINT.
AND, AND I WILL GET TO THAT SHORTLY.
SO YOU HAD APPROVED ME A VARIANCE PRIOR TO THIS ONE, UM, YEAR OR SO AGO, MAYBE.
I DON'T KNOW HOW LONG AGO IT WAS, BUT IT'S BEEN A LITTLE WHILE.
THIS IS THE SAME DRAWING THAT YOU GUYS HAVE.
AND I'LL GO PER PAGE SO YOU UNDERSTAND WHAT I DID.
SO I'D SUBMITTED THIS BACK IN, I DON'T REMEMBER WHEN.
UM, CALLED FOR AN INSPECTION, HAD THE, UH, GUY COME OUT, INSPECT.
AND HE CALLED ME ON THE PHONE.
AND HE STATED THAT, UH, IT WAS TOO BIG AND TOO TALL.
AND AT THAT POINT IN TIME, I HAD NO CLUE.
SO WHEN I GOT BACK SHOP, I CALLED AND SAID, OKAY, WHAT'S GOING ON? I WENT TO THE DRAWING.
LET'S GO TO C2, WHICH IS A SITE PLAN.
SO EVERYBODY CAN SEE ON THE SITE PLAN.
IT SAYS, UH, PROPOSED COVERED PATIO, 27 BY 20, THERE IS A DOTTED LINE, AND THERE'S A SOLID LINE ON THAT PARTICULAR DRAWING.
WHAT THAT SHOWS YOU IS THERE'S A DOTTED LINE, IS THE ACTUAL SIZE OF THE PATIO, WHICH IS 27 BY 20.
THE DOTTED LINE IS THE ACTUAL ROOF LINE.
SO THAT KIND OF GIVES YOU THE, THE FALL INTO THE NEXT PAGE.
WHAT IS ON THIS DRAWING IS WHAT I BUILT AT MY HOME.
I DIDN'T DEVIATE FROM THIS DRAWING.
YOU FLIP TO THE NEXT PAGE ON PAGE S ONE, A ONE ON THAT PAGE, YOU CAN SEE THAT THE, UH, SIZE OF THE FOUNDATION, PHOTOS AND ALL THAT, IT'S ALL SPREAD OUT.
IF YOU LOOK AT WHERE THE FOUR POST POLLS ARE, THE SLAB WAS POURED PRIOR, A YEAR PRIOR.
THE NEXT WAS THE FOOTERS WERE PUT IN, WHICH WERE INSPECTED THE SAME YEAR AS THE, UH, I GOT THE PERMITS FOR.
I DIDN'T BUILD THE UNIT BECAUSE OF THE, UH, COVID HIT PRICE OF MATERIAL, BUT SKY HIGH.
SO I WAITED A WHILE UNTIL THE MATERIALS CAME DOWN.
IF YOU LOOK AT THE DRAWING, I GOT 21 3 PADS.
SO ALL THOSE DIMENSIONS ARE CORRECT.
I, I WENT LAST NIGHT AND CHECKED ALL OF 'EM.
SO THE, UH, THE SIZE AND WIDTH OF THIS PARTICULAR STRUCTURE IS EXACTLY WHAT'S ON THIS DRAWING.
GO TO THE NEXT PAGE, WHICH IS YOUR, UH, A TWO.
IF YOU LOOK AT THAT, THE HEADER HEIGHT FROM THE TOP OF THE BOTTOM OF THE HEADER TO THE TOP IS NINE FOOT TWO.
THAT'S EXACTLY WHAT I HAVE, IS NINE FOOT TWO.
IF YOU TAKE, AND I BROUGHT A COPY OF THE BEAM WORK AND THE TRUST WORK, IF YOU LOOK AT THE BEAM WORK IS 14 INCHES.
SO NINE FOOT TWO PLUS 14 PLUS THE TRUSSES ARE FIVE 11 AND, AND 16 FOR WHATEVER.
BUT IT COMES OUT TO 16 FOOT THREE ON THE BACK SIDE.
SO WHAT HAS HAPPENED, WHEN THE INSPECTOR CAME OUT, HE MEASURED, IF YOU LOOK AT MY DRAWING, HE MEASURED ON, ON THIS PARTICULAR, HE MEASURED HERE, WELL, YOU CAN'T DO THAT.
I GOT A FOUR INCH FALL ON MY SLAB.
FROM THE FRONT OF THE, FROM THE BACK OF THE HOUSE OUT IS FOUR INCHES.
I HAVE A, A, UH, ON MY YARD FROM POINT A TO POINT B, I GOT 27 INCHES OF FALL.
SO WHEN I COME DOWN, WHAT I DID WELL, WHAT I CREATED, I MIGHT, IF YOU LOOK HERE, WHAT I CREATED FROM HERE AROUND ON BOTH SIDES, THE DRAINAGE, THAT'S WHERE I GOT THE EIGHT INCHES.
IF YOU MEASURE HERE, THAT'S WHY THEY CAME UP THE EIGHT.
HE'S ACTUALLY RIGHT, ISN'T IT 16 EIGHT
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AT THAT POINT, IF YOU GO BACK BY THE HOUSE WHERE THE MAIN FOUNDATION IS, IT'S 16 THREE.SO I CAN UNDER, SO UNDERSTAND THAT CAUSE OF THE RIDGE GAP.
WHY, WHY? SO I WANTED, I COULDN'T EXPLAIN THE BRANDAGE TO YOU CAUSE I DIDN'T KNOW HOW TO EXPLAIN IT TO YOU WITHOUT HAVING A DRAWING.
SO WHEN, UM, THEY PA THEY FAILED IT, I GOT WITH DON AND THE, UH, HE SAID I HAD TO APPLY FOR A NEW VARIANCE.
I TALKED TO ARCHITECT, TALKED TO ENGINEER, TALK TO THE GUY, DRAW THE DRAWINGS, TWO OTHER BUILDERS, AND THEY ALL WILL STATE THAT I BUILT THIS DRAWING.
THE WAY THAT'S ON THIS, THIS STRUCTURE WAS BUILT AS A DRAWING.
I DIDN'T MAKE UP ANY NEW, YOU KNOW, I DIDN'T DO ANY OF THAT.
SO BY WHAT CITI SAID, AND, AND I THINK IT'S MORE OF A MIS COMMUNICATION THAN IT IS AN ERROR ON ANYBODY'S FAULT.
I CAME IN LAST TIME JUST THINKING IT WOULD BE SIMPLE, NO BIG DEAL.
UM, YOU KNOW, WE'LL GO THROUGH THE PROCESS, YOU KNOW, AND THEN I GOT A COUPLE BOARD MEMBERS, YOU KNOW, ONE SAID, YOU KNOW, GOT 40 YEARS IN EXPERIENCE.
I ACTUALLY DO GOT 40 YEARS OF EXPERIENCE IN DOING THIS.
I'VE TALKED TO OTHER ZONING OFFICIALS, YOU KNOW, AND I, I'M JUST NOT SURE HOW TO GET PAST ALL THIS TO MAKE THIS CORRECT.
I DIDN'T DO ANYTHING ON PURPOSE.
SO MY CONCERN IS, IS THAT I THINK THE FIRST VARIANCE IS CORRECT.
YOU KNOW, I DIDN'T MAKE IT ANY BIGGER.
YOU KNOW, THE, UH, I WAS TOLD THAT, UH, WE ONLY USE A PLOT PLAN, WHICH IS FINE.
BUT THE PLOT PLAN SHOWS THE ROOF EXPANSION BEING LARGER.
YOU KNOW, I CAN'T COVER A PATIO WITH, IF I'M DOING A 20 BY 27 PATIO, I CAN'T COVER, WELL, ROOT'S GONNA BE BIGGER.
THERE'S NO WAY IN MAKING IT NOT BIGGER UNLESS I DO A FLAT ROOF.
WELL, I DIDN'T TURN IT IN DRAWING FOR A FLAT ROOF.
SO THAT, THAT'S, YOU KNOW, I JUST WANTED TO MAKE THAT RIGHT.
NOW, THE NEW DRAWING, AND I GIVE YOU A COPY.
DID THEY GET A COPY OF THIS? IS THIS THE DRAWING? THE NEW ONE I TURNED IN? THIS IS THE OLD ONE.
I GOT A COPY OF THE NEW DRAWING TOO.
THIS IS WHAT THEY MADE ME DO TO MAKE IT WORK OUT FOR THEIRS, WHICH I THINK IS WRONG.
THEY MAY MAKE IT A HEIGHT TALLER AND THE PROJECTION COMING OUT WIDER.
WELL, MY PROJECTION HAS NEVER CHANGED FROM THE FIRST DRAWING, SO I DON'T KNOW WHY I WOULD HAVE TO DO THAT.
IT'S NEVER CHANGED FROM THE DRAWING.
SO MY, MY ISSUE WITH THIS IS I THINK THE FIRST PERIOD IS CORRECT.
I'M WILLING TO CONCEDE THAT COMMUNICATION BETWEEN MYSELF AND THE CITY FAILED.
BECAUSE MOST OF THE TIME WHEN I DO A BUILDING STRUCTURE, WHEN I POUR A FOOT OR A ZONING WILL COME OUT AND DO, THEY'LL DO A WALKTHROUGH AT THAT POINT IN TIME.
THEY DON'T WAIT UNTIL THE END OF THE PROJECT TO SAY, OH, BY THE WAY, YOU MADE A MISTAKE.
THAT TWO THINGS HAPPENS WITH THAT.
NUMBER ONE, I'VE ALREADY BUILT THE STRUCTURE.
NUMBER TWO, I MEAN, THERE'S A LARGE COST INVOLVED IN CHANGING THE STRUCTURE THAT'S ALREADY BUILT.
AND THAT'S NOT FAIR TO ME AS A HOMEOWNER OR AS A CONTRACTOR.
YOU KNOW, IF I WAS DOING THIS FOR A HOMEOWNER, I DON'T KNOW WHAT I, I MEAN THIS, I DON'T KNOW HOW I WOULD EXPLAIN THIS BECAUSE LIKE I SAID, AS FAR AS I'M CONCERNED, I REALLY DIDN'T MAKE A MISTAKE.
BUT I WAS ABLE TO OWN UP TO, I MADE A MISTAKE JUST TO BE, IF MYSELF AND THE CITY COULD WORK ON IT TOGETHER AND SAY, OKAY, YOU KNOW, I DIDN'T DO ANYTHING OUTTA MALICE AND I WANNA MAKE THAT STRAIGHT.
I DIDN'T BUILD A BUILDING TWO AND A HALF FEET BIGGER THAN WAS SUPPOSED TO.
IF I TURNED THIS IN FOR A, UH, ROOM ADDITION, IT'D BE THE SAME THING.
YOU KNOW, I BUILD A SHED THAT WAS APPROVED TWO YEARS AGO.
AND BY THE YOUR RULES IT WOULD BE WRONG BECAUSE I GOT OVERHANGS ON IT TOO.
SO I CAN CORRECT, I CAN, I CAN COMMENT ON SOME OF THOSE COMMENTS SURE.
UH, REGARDING THE FOOTERS, CITY OF HUBER HEIGHT DOES NOT INSPECT FOOTERS NOR ISSUE PERMITS.
THAT'S THROUGH THE MONTGOMERY COUNTY BUILDING DEPARTMENT.
SO WE WOULD HAVE NOTHING TO DO WITH THAT.
WE DO NOT ISSUE PERMITS NOR DO INSPECTIONS ON PATIOS, ON SLABS.
THERE ARE NO, WE, THE DIMENSIONS ON A SHED ARE DETERMINED BY THE WALLS, NOT BY THE ROOF LINE.
WELL, THAT'S WHAT YOU'RE DOING THIS BY, BY THE ROOF LINE.
A SHED IS AN ACCESSORY STRUCTURE.
AND THE CODE INSPECTOR CAME OUT THERE IN JANUARY.
MY NEIGHBOR NEXT DOOR SAID HE WAS OUT THERE IN JANUARY.
THE TRUSTES WERE LAYING ON THE GROUND.
WELL, LET'S, WOULD THERE NOW BE A TIME THAT THEY WOULD SAY SOMETHING AT THAT POINT? WELL, LET'S DO THE, WELL, WE DON'T, BUT WE DON'T INSPECT FOR STRUCTURE.
AND, AND IT HAPPENS THAT, THAT INSPECTOR'S IN THE AUDIENCE.
HE CAN ADDRESS THAT IF HE, IF, IF HE WANTS TO.
UH, I, AS FAR AS WHEN HE MAY HAVE BEEN THERE AND WHAT HE MAY HAVE LOOKED AT.
BUT WE COME OUT, WHEN WE'RE CALLED TO DO A FINAL INSPECTION, UM, MY
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UNDERSTANDING WAS WE DIDN'T RECEIVE A CALL FOR AN INSPECTION BECAUSE OF THE EXPIRATION OF THE PERMIT.HOWEVER, THAT WAS BECAUSE OF COVID AND SUPPLY ISSUES.
UH, SO, UM, AT SOME POINT THERE WAS A ARRANGEMENTS MADE FOR AN INSPECTION TO BE DONE.
WE TYPICALLY DON'T GO OUT TO A PROPERTY PRIOR TO CONSTRUCTION AND PRIOR TO BEING CALLED.
SO I HAVE TO DEFER TO GREG ON THAT AND, AND ASK IF HE MADE A, A TRIP OUT TO THE PROPERTY PRIOR TO MAKING AN ARRANGEMENT TO DO THE FINAL INSPECTION.
DID YOU MAKE A TRIP OUT THERE TO YOUR, DO YOU REMEMBER IF YOU MADE A TRIP OUT THERE? YES, I DO REMEMBER AFTER, AFTER, EXCUSE ME, COULD YOU COME TO THE PODIUM PLEASE? AND YOU STATE YOUR NAME AND, UH, WRITE IT DOWN SINCE YOU'RE SPEAKING.
WHAT IT IS IS IF WE DON'T GET A CALL FOR A FINAL INSPECTION WITHIN THE ONE YEAR EX EXPIRATION OF THE, THE PERMIT ITSELF, UH, SOON AFTERWARDS I'LL GO BY AND IF I CAN SEE FROM THE ROAD WHETHER IT'S BEEN DONE OR NOT, YOU KNOW, AT THIS POINT WHAT I DID IS I DROVE BY AND IT WASN'T DONE.
SO I MADE A NOTE THAT IT WASN'T DONE, PERMIT EXPIRED, CLOSED THE PERMIT.
UH, THEN I THINK ABOUT A WEEK LATER, HE CALLED ME AND I, HE SAID, WELL, I NEED YOU TO INSPECT IT.
AND I SAID, YEAH, I, I'D BEEN, I THOUGHT I'D TOLD YOU I'D BEEN BY.
AND UM, SO HE ASKED FOR THE INSPECTION CUZ HE NEEDED IT FOR THE MONTGOMERY COUNTY FINAL, IF I'M REMEMBERING CORRECTLY.
AND AT THAT POINT I SAID, HEY, I CAN GO OUT AND TAKE A LOOK AT IT WON'T TAKE ME VERY LONG, AS LONG AS THERE'S NO GATES, I'LL GET BACK HERE.
REALLY ALL I LOOKED AT WAS THE GENERAL SITUATION.
AND THEN I ALSO MEASURED IT FROM THE GROUND TO THE PEAK ON THE FRONT IS WHERE WE ALWAYS MEASURE IT FROM.
AND THEN I MEASURED IT FROM THE FOUNDATION OF THE HOUSE TO THE LEADING EDGE OF THE COVER, WHICH IS WHAT THE CODE STATES.
AND AT THAT TIME, I CALLED HIM, TOLD HIM WHAT I FOUND.
UH, ACTUALLY, FROM WHAT I REMEMBER, I THINK IT WAS TWO FOOT BEYOND WHAT HAD BEEN APPROVED ON THE PROJECTION.
AND I MEASURED IT FROM THE FRONT AND IT WAS, I DON'T KNOW, SIX INCHES, EIGHT INCHES OVER MAYBE.
AND HE COULD BE VERY WELL RIGHT, THAT IT MIGHT BE A LITTLE LOWER AT THE HOUSE, BUT, UH, WE ALWAYS GO BY THE HIGHEST POINT AND THAT'S GENERALLY THE HIGHEST POINT.
SO OTHER THAN THAT, THAT'S ABOUT IT.
WELL, LIKE I SAID, MY COMMENT IS THAT I WANTED YOU GUYS KNOW THAT I DID NOT BUILD THIS TWO AND A HALF FEET OUTTA MALICE.
I BUILT EXACTLY WHAT'S ON HIS DRAWING.
UM, I DON'T KNOW HOW THE ZONING BOARD HERE WORKS AS FAR AS THE ZONING, BUT WHEN I SUBMIT A I, I SUBMITTED A FULL SET OF DRAWINGS TO THEM.
IF THERE WAS ANYTHING AT THAT POINT IN TIME, NOW I PAY A FEE.
DO YOU GUYS DO A PLANS EXAMINATION OR NOT? WE LOOK AT THE PROJECTION AND THE HEIGHT.
AND THESE, WE, WE, WE FURNISH THOSE PLANS TO OUR BOARD MEMBERS OKAY.
I CANNOT COMMENT OR COMMENT ON THEIR AREAS OF EXPERTISE OR THEIR, THEIR FAMILIARITY WITH PLANS, REVIEWS.
I DON'T KNOW IF ANY ONE OF THEM ARE ENGINEERS, CIVIL OR OTHERWISE OR FAMILIAR WITH READING PLANS.
BUT THEY'RE CERTAINLY, THEY'RE PROVIDED TO THEM.
WELL, LIKE I SAID, I WANTED TO EXPLAIN TO YOU WHY THE EIGHT INCHES WAS DIFFERENT.
THEY LEFT ME WITH A WATER ISSUE.
I HAD TO PUT A DRAIN IN THE BACKYARD.
IT GOES OUT, IT SWELLS AROUND THAT.
THAT'S WHY IT'S EIGHT INCHES, FOUR INCHES ON THE SLAB, FOUR INCHES ON THE SLOPE BACK DOWN.
MY YARD STARTS UP AND COMES OUT.
ALL THE WATER COMES FROM THE BACK ALL THE WAY TO THE FRONT.
SO THAT'S WHY I HAD TO, THAT'S WHY THE EIGHT INCHES FROM WHERE HE MEASURES AT AS FAR AS THE PROJECTION OUT, THAT HAS NEVER CHANGED FROM THIS DRAWING.
SO MY COMMENT IS, IF THE CITY NEEDS ME TO DO WHAT WE'RE HERE FOR NOW FOR ANOTHER VARIANCE, I UNDERSTAND WHAT THEIR POINT IS.
LIKE I SAID, TALKING TO ARCHITECT ENGINEERS AND ALL THEM, I UNDERSTAND THEIR, THEIR VIEW WITH THAT.
AND I, I'M NOT OPPOSED TO THAT.
BUT I DON'T WANT TO BE TURNED DOWN FOR SOMETHING THAT I, YOU KNOW, THAT SOMEBODY THINKS I DID OUTTA MALICE OR I DON'T KNOW WHAT I'M DOING.
I REALLY DO KNOW WHAT I'M DOING.
I WAS KIND OF TAKEN BACK BY A COUPLE BOARD MEMBERS, YOU KNOW, MAKING STATEMENTS THAT, YOU KNOW, I WASN'T, YOU KNOW, I SHOULD KNOW THAT I DO KNOW WHAT I'M DOING.
I, I KNOW WHAT I DID, I KNOW HOW THE PROCESS WAS DONE AND I DID NOT DO ANYTHING OUTTA MALICE OR DID I, DID ANY, DID ANYTHING TO DO ANYTHING TO BREAK ANY CODES.
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I, YOU KNOW, LIKE I SAID, MOST JURISDICTIONS WHEN I DIG A FOOTER, ZONING SHOWS UP.I DON'T BUILD A BUILDING OR BUILD A STRUCTURE AND THE ZONING COMING OUT TO TELL ME IT'S WRONG.
NOW IN COMMERCIAL, I DO NOT ON RESIDENTIAL, NEVER.
BUT THIS IS THE FIRST TIME I'VE EVER HAD A ZONING INSPECTION ON RESIDENTIAL, NEVER HAD ONE.
THEY JUST COME OUT AND DO IT ON THEIR OWN.
SO THIS IS KIND OF NEW TO ME TOO.
AND WITH YOU, I KNOW NOW I GOT A COUPLE ADDITIONS OF BUILDING YOUR CITY.
SO I'M HOPING THAT THIS DON'T CREATE AN ISSUE AT THIS POINT.
YOU KNOW, I DON'T WANT, YOU KNOW, THAT TO BE A PROBLEM.
BUT THE, UH, I JUST KNOW, I WANT YOU GUYS TO UNDERSTAND I DIDN'T DO ANYTHING OUT MALICE.
I BUILT WHAT I TOLD YOU I WAS GONNA BUILD.
I DIDN'T DO ANYTHING DIFFERENT.
MY CONCERN IS IF THERE'S A PLAN EXAMINATION DONE, YOU HAVE THE ORIGINAL DRAWING.
I DIDN'T MAKE IT ANY WIDER IS EXACTLY WHAT'S THERE.
SO IF YOU NEED TO LOOK AT PICTURES, THERE'S PICTURES ON MY WEBSITE.
CAN YOU LOOK AT THE PICTURES YOU WANNA LOOK AT TOO? THAT'S FINE.
I DIDN'T BRING ANY PICTURES FOR IT.
IS THERE ANY QUESTIONS OR SOMETHING I DIDN'T ANSWER? I, I UM, SIR, I HAVE A COMMENT.
FIRST OF ALL, UM, THE BOARD, UM, WE ARE A BOARD THAT LOOK AT THE FACTS AND THE REGS OF THE OHIO STATE REVIS.
SO, UM, I DON'T THINK WE ARE, WE DON'T WANT IT TO BE, AND I WANT STATED FOR THE RECORD, WE DIDN'T DO ANYTHING OR SAY ANYTHING ABOUT MALICE.
WHAT WE ARE HERE AS A BOARD VOLUNTEERING, LOOKING AT WHAT YOU PRESENT AND WHAT THE OHIO REVISED CODE SAID YOU CAN AND CANNOT DO.
SO I JUST WANNA SET THE RECORD STRAIGHT, UM, BECAUSE WE HAVE INDIVIDUAL MIGHT THINK THE LAST MEETING WE WANT TO CLEAR UNDERSTANDING OF WHAT YOU DID.
THAT'S, AND ON THAT NOTE, I'M GOING TO LET ANY MEMBERS OF THE BOARD HAVE ANYTHING THEY WANT TO ASK THE INDIVIDUAL PROPERTY OWNER, NEW KID.
I GUESS THE, THE ONE QUESTION I HAVE IS, IS ACTUALLY FOR MR. SEAGRAVES AND THAT IS, ARE YOU IN AGREEMENT THAT, UH, MR. BERRY BUILT WHAT HE SAID HE WAS GOING TO BUILD? IF YOU WERE TO LOOK AT THE, IF, UH, I'D HAVE TO GET SOME DIFFERENT, I DON'T REMEMBER EXACTLY.
I'D HAVE TO LOOK AT SOME OF THAT A LITTLE MORE CLOSELY.
BUT, UH, ALSO I'D HAVE TO TAKE A LOOK AT THE APPLICATION ITSELF.
CAUSE IF HE'S GOT SOMETHING THAT IS OVER WHAT'S, FOR INSTANCE, IN THIS PARTICULAR SITUATION, IT WAS A VARIANCE.
SO I LOOKED AT THE VARIANCE AND THAT'S WHAT IT NEEDS TO BE, PERIOD.
SO IT SOUNDS AS THOUGH THERE'S A DIFFERENCE THOUGH IN THE INTERPRETATION OF WHERE THE REFERENCE POINT IS FOR THE MEASUREMENT FOR THE VARIANCE.
AND YOU RIGHT, I UNDERSTAND RIGHT.
THEN PROVE THE CERTAIN REJECTIONS.
AND THAT'S WHAT I WAS GOING BY.
THE DRAWINGS WERE A NEW ISSUE AT THAT POINT.
BUT I, I THINK THAT SOMEBODY CAN CORRECT ME IF I'M WRONG AND MY INTERPRETATION, MY INTERPRETATION IS THAT THE REFERENCE POINT FOR THE PROJECTION FROM THE DRAWINGS IS DIFFERENT THAN THE REFERENCE POINT FOR THE VARIANCE.
IS, IS THAT THE WAY STOP INTO THAT IS IS THAT THE WAY I'M UNDERSTANDING THIS, THE, THE REFERENCE POINT, FROM WHAT I'M UNDERSTANDING FROM THE CITY, IS DIFFERENT THAN WHAT THE REFERENCE POINT IS ON THE DRAWING.
BUT I GAVE THEM A FULL SET OF DRAWINGS ANYTIME.
I'D GIVE YOU AN EXAMPLE, IF I BUILD A ROOM EDITION AND WE COULD CONSIDER THIS, ALL I'D HAVE TO DO IS PUT WALLS IN AND BE A ROOM EDIT.
I WOULD GIVE YOU THE OUTSIDE DIMENSIONS.
I WOULD NEVER GIVE YOU ANY OVERHANG DIMENSIONS.
I I'VE NEVER DONE THAT FOR 40 YEARS.
SO, SO, SO NOTHING NOTHING'S CHANGED BETWEEN THE DRAWINGS THAT WERE ORIGINALLY SUBMITTED AND THE AS-BUILT STRUCTURE.
AND HAD THE, THE MEASUREMENT POINTS BEEN THE SAME BETWEEN THE DRAWINGS AND THE ORIGINAL VARIANCE MM-HMM.
IT, IN MY, IN MY INTERPRETATION, IF I SAID SUBMIT A SET OF FULL SET OF DRAWINGS TO AN ENTITY, THEY, YOU KNOW, WHEN THEY REVIEW THAT DRAWING, IT SHOULD COME BACK TO ME AT THAT POINT IN TIME.
ALL THE BUILDING DEPARTMENTS DO.
I'VE ONLY HAD IT HAPPEN ONCE IN ZONING THAT WAS ON A COMMERCIAL SIDE, NEVER ON A RESIDENTIAL SIDE THAT WOULD COME BACK TO ME AND SAY, HEY, THIS ISN'T WHAT YOUR APPLICATION SAYS.
I'M NOT PUTTING BLAME ON ANYBODY.
SO MY CON COMMENT WITH IS I DON'T THINK ANYBODY WAS WRONG.
I DON'T THINK THE CITY'S WRONG FOR ASKING ME TO CHANGE IT, YOU KNOW, TO MEET WHAT THEY WANT ON THE, UM, DRAWING OF THE NEW DRAWING THAT I SUBMITTED.
I DON'T THINK THAT THEY'RE WRONG FOR ASKING THAT.
BUT IN THE SAME TOKEN, I DON'T THINK I'M WRONG FOR WHAT I DID FOR THE FIRST TIME BECAUSE I, I DID THAT BY THAT DRAWING.
I DIDN'T DO IT BY THIS DRAWING.
YOU KNOW, I DIDN'T BUILD IT 16 FOOT EIGHT ON THE OUTSIDE ON PURPOSE.
IF YOU MAJOR FROM THE INSIDE WHERE THE FOUNDATION WHERE IT SHOULD BE MAJOR BECAUSE OF THE DIFFERENCE IN FALL WITH THE YARD,
[00:25:01]
YOU KNOW, YOU WOULD HAVE YOUR 16 FOOT, YOU KNOW, WE REQUIRED, AND I'M GONNA TELL YOU 16 THREE BECAUSE THAT'S WHAT IT WORKS OUT IN MATH WISE ON TRUSSES AND ALL THAT.I ACTUALLY MEASURED, IT WAS 16 THREE AND FIVE EIGHTS AND THAT WAS OFF THE TOP OF MY RIDGE CAP.
SO, YOU KNOW, WE GOT SHINGLES AND CAP AND ALL.
SO, YOU KNOW, WE COULD BE AN INCH, INCH AND A HALF OFF.
SO WE'RE, YOU KNOW, 16 TWO, SOMEWHERE IN THAT BALLPARK.
BUT I MEASURE EVERY OTHER POINT ON THIS DRAWING, EVERY SINGLE POINT I GOT THE NINE FOOT TWO, I, I BASICALLY HAVE TO CHANGE THAT DRAWING TO FIT WHAT THEY WANT ME TO FIT IN THAT SPACE.
AND THAT TO ME, I, I BUILD IT RIGHT THE FIRST TIME.
NO OTHER QUESTIONS? ANY OTHER QUESTIONS? DO YOU HAVE ANYTHING ELSE YOU'D LIKE TO SAY? I DON'T THINK SO.
LIKE I SAID, I THINK THAT THE, UH, LONG, LONG STORY SHORT IS IF THE CITY WANTS ME TO DO THIS NEW VARIANCE AND, AND APPLY FOR THAT, WHICH I HAVE DONE AND WE APPROVE IT THAT WAY, I'M OKAY WITH THAT.
BUT I JUST WANT YOU GUYS TO UNDERSTAND I DID NOT DEVIATE ONE BIT AT ALL.
I TURNED IN A FULL SET OF DRAWINGS, THE SAME THING I DID THE SECOND TIME.
I DID, I ONLY TURNED IN A FEW PAGES, BUT THEY ALREADY HAD THE REST OF IT.
SO I JUST WANNA MAKE SURE THAT EVERYBODY UNDERSTANDS WHY I GOT A DIFFERENCE IN HEIGHT AND WHERE THE DIFFERENCE IN PROJECTION.
IT JUST, YOU KNOW, I DON'T KNOW WHY, I DON'T KNOW WHY IT WAS NEVER PICKED UP PRIOR.
ANY OTHER WITNESS WHO WANNA SPEAK ON THIS CASE? IF YOU DO, PLEASE COME TO THE PODIUM.
STATE YOUR NAME, SPELL IT AND SIGN THE SHEET ON THE PAPER PLEASE.
UH, MY NAME IS MICHAEL BAILEY.
UH, I ACTUALLY LIVE ACROSS THE STREET FROM BILL.
I WAS ONE OF THE, UH, ORIGINAL HOMEOWNERS THAT WENT INTO THAT AREA WHEN THEY BUILT IT.
AND OF COURSE THEY'RE TALKING VARIANCES AND ALL OF THESE OTHER THINGS.
BEFORE YOU GET, SO, UM, I NEED YOU TO SPELL YOUR NAME.
OH, MY LAST NAME, FIRST NAME? FIRST NAME IS MICHAEL ALDEN.
LAST NAME IS BAILEY, B A I L E Y.
AGAIN, UH, MY CONCERN HERE IS TWO THINGS.
ONE, I KIND SUPPORT HIM ON IT.
IT DOESN'T DETRACT FROM THE NEIGHBORHOOD AT ALL.
I DON'T KNOW IF THAT WEIGHS ON THE OPINION OF ANYBODY OR ANY OF THAT.
IT ONLY ADDS TO THE QUALITY OF THE NEIGHBORHOOD AND THAT I ACTUALLY PLAN ON HAVING ONE BUILT MYSELF, WHICH IS MY CONCERN.
AND MY SECOND KIND OF QUESTION IS, AM I GONNA RUN INTO THIS TYPE OF PROBLEM ON, AND, AND IT SEEMS TO ME IT'S JUST WHERE YOU MEASURE FROM, WHERE YOU MEASURE FROM.
SO IF YOU MEASURE FROM I GUESS THE FOOTERS OR, OR, OR THE WHERE THE VARIANCE IS OR THAT, IS THAT SOMETHING THAT CAN BE CORRECTED NOW OR IS THERE NO WAY TO CORRECT IT? AND YOU'RE TALKING ABOUT TAKING DOWN A WHOLE STRUCTURE.
CUZ ACTUALLY, UH, WE'VE TALKED ABOUT HIM.
I'M GONNA ACTUALLY HAVE HIM DO IT, THIS COMPANY DO IT FOR ME.
BUT, YOU KNOW, WHERE DO WE GO WHEN THIS, IF THIS COMES UP AGAIN OR HOW DO WE ADDRESS THIS ISSUE SO THAT THIS DOESN'T HAPPEN AGAIN? I KNOW THE CITY DOESN'T DO SOME THINGS, BUT I GUESS THE INDUSTRY NORMALLY DOES.
AND AGAIN, THAT SUGGESTS PROBABLY POLICY AND HOW YOU DETERMINE ON THE PLANS AND THAT, CUZ I WOULDN'T, EXCUSE ME, I WOULDN'T BE ABLE TO READ ANY OF THAT EXCEPT THAT IF IT WAS A YELLOW LINE AND I'D SAY FROM THIS LINE TO THAT LINE, THAT'S WHAT I WOULD DO.
SO, SO THEY SHOWED IT TO ME, I WOULD THINK THAT THEY KNEW WHAT THEY WERE DOING.
SO, YOU KNOW, TWO THINGS AGAIN, FIRST THING IS, IS THIS A CORRECTABLE PROBLEM ON THE OPINION ON WHERE YOU MEASURE FROM AND WHERE IT SHOULD BE? IF, IF THAT CAN BE, OR DO YOU KNOW THE NEIGHBORS, I GUESS MYSELF AND BILL AND US, HOW DO WE ADDRESS ISSUES LIKE THIS? I DON'T MEAN TO CUT YOU OFF, SIR, BUT YOU ASKED HIM QUESTIONS THAT THAT'S NOT RELATED TO ANY SPECIFICALLY WELL, BUT SPECIFICALLY TO THIS.
BUT THAT, THAT WOULD BE SOMETHING THAT I WILL MAKE THE RECOMMENDATION, ADVISE YOU IF YOU HAVE QUESTIONS ON WITH THE VARIANCE AND STUFF THAT YOU COME AT A TIME AND TALK TO THE INDIVIDUALS THAT THE EXPERTISE THAT COULD GIVE YOU MORE KNOWLEDGE AND UNDERSTANDING.
RIGHT NOW WE ARE TALKING ABOUT THIS CASE AND WHAT YOU HAVE TO PRESENT TO THIS CASE.
WHAT I HAVE TO PRESENT TO THIS CASE IS THAT I DON'T THINK THAT THE STRUCTURE AS, AS A NEIGHBOR, AGAIN, JUST VIEWING THE STRUCTURE IS A PROBLEM TO THE NEIGHBORHOOD.
I DON'T THINK THAT, I THINK IT ONLY ADDS TO THE QUALITY OF THE NEIGHBORHOOD.
AND AS A HOMEOWNER, I, I THINK THAT WOULD BE MY FINAL VIEW ON IT.
SO I'M JUST SAYING TO YOU THAT I THINK THAT AGAIN, THAT IT ADDS TO THE QUALITY.
I ACTUALLY WOULD, AGAIN, SIDEBAR WANT TO DO ONE FOR MYSELF BECAUSE I'VE SEEN THAT STRUCTURE.
[00:30:01]
ALL RIGHT.ANY OTHER BI ANY ANYONE ELSE? MY NAME'S PATRICK LONG.
COULD YOU SPEAK UP A LITTLE BIT LOUDER PLEASE? MY NAME'S PATRICK LONG.
I'M BILL'S DIRECT NEIGHBOR 64 74.
AND I WAS THERE, I SEEN IT BUILT AND IT, IT'S ACTUALLY REALLY GOOD QUALITY WORK THAT WAS DONE AND ON.
I DON'T THINK IT TAKES AWAY FROM THE NEIGHBORHOOD.
IT'S REALLY WELL BUILT IN MY OPINION.
DO ANY ANYONE HAVE ANY QUESTIONS TO, BESIDES ANYONE FOR THE OTHER WITNESSES THAT CAME FOR THIS CASE? ANYONE, SINCE THERE ARE NOT ANYMORE QUESTIONS, I WILL CLOSE THIS CASE AND WE WILL DISCUSS AND READ THE VARIS STANDARDS AS FOLLOW UP.
AND EACH MEMBER, EACH VARI THAT I READ, I NEED A UM, YES OR NO VOTE FOR EACH INDIVIDUAL VARIS THAT IS BEING READ.
THE FIRST VARIANCE IS WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY, WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE MATTER OF SECRETARY, WILL YOU CALL THE ROLE PLEASE? MR. DAVIDSON? YES.
WHETHER THE VARIOUS IS SUBSTANTIAL MATTER SECRETARY MR. DEAN? YES.
WHETHER CENTRAL CHARACTERISTIC OF THE NEIGHBORHOOD WOULD BE STATUTE ALTER, UH, WHETHER A JOURNEY PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE MATTER? SECRETARY, MR. MOCK? NO.
WHETHER VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL? MR. SHAFER? NO.
WHERE THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS? MR. DAVIDSON? YES.
WHERE THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE ALL AVERTED THROUGH SOME OTHER METHOD OTHER THAN AVE, MR. DEAN? NO.
WHETHER THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.
CAN I HAVE A MOTION TO APPROVE THE VARIANCE? I MAKE A MOTION TO APPROVE THE VARIANCE CASE.
IT'S BEEN PROVED BY MR. DAVIDSON AND SECOND BY MR. SHAFER THAT THE VARIANCES BE APPROVED.
ARE THERE ANY QUESTIONS ON THE MOTION SEEING OR HEARING? NO QUESTIONS MA'AM.
SECRETARY, WILL YOU TAKE A VOTE, PLEASE? MR. DEAN? YES.
THE REQUEST HAS PASSED FIVE TO ZERO.
UH, WE NEED TO GET WITH WILL BE IN CONTACT.
GET WITH, UH, THE CITY BUILDING TO GET CLARIFICATION THAT WHATEVER YOU NEED TO DO.
CONTACTING WHO COME OUT? YEAH.
[00:35:04]
ALL RIGHT.OKAY, WE GONNA MOVE ON? I GOT A HEADACHE, MADAM SECRETARY, IF I MAY, I WANT TO CLARIFY TO THIS BOARD, UM, THAT THERE'S A, A, A UNIQUE SITUATION PERHAPS WITH THE CITY OF HUBER RIGHTS AS PERTAINS TO ZONING VERSUS BUILDING.
WE CONTRACT WITH THE MONTGOMERY COUNTY BUILDING DEPARTMENT FOR ALL BUILDING INSPECTIONS.
ZONING IS, WHAT ARE YOU DOING? WHERE ARE YOU DOING IT? THAT'S ALL WE'RE INTERESTED IN.
AND THAT YOU ARE WITHIN OUR CODE.
A VARIANCE IS REQUIRED WHEN YOU WANT TO DO SOMETHING THAT LIES OUTSIDE OF OUR CODE.
EVERYTHING THAT MY INSPECTOR DID IN THE FIELD WAS ABSOLUTELY THE WAY HE SHOULD HAVE DONE IT.
THERE WAS NO MISINTERPRETATION OF OUR CODE OR OUR STANDARDS.
AND I WANT TO BE CLEAR ON THAT.
AND I, I APPRECIATE YOU SUPPORTING YOUR, YOUR INSPECTORS BECAUSE, UH, I, I DON'T WANNA SAY, CAUSE WE GOTTA, WE ON RECORD IT, BUT I THINK THERE WAS A DISRESPECT.
I MEAN, YOU KNOW, I DIDN'T APPRECIATE THESE COMING TO FORMS COMING IN THIS TO GIVE US TIME TO LOOK AT THIS AND I APPRECIATE EVERYTHING THAT YOU DO AND YOU GOT A GREAT MEMORY IF YOU CAN REMEMBER ABOUT THAT SONG.
I, I RESPECT YOU FOR RESPECTING YOUR, THE PEOPLE THAT SUPPORT YOU.
AND WE NEED, THEY NEED TO REALIZE APPLICANTS NEED TO REALIZE YOU CAN SUBMIT A SET OF VERY DETAILED DRAWINGS.
WE DON'T REQUIRE ANY MEMBER OF THE ZONING BOARD TO HAVE A DEGREE IN ENGINEERING.
WE'RE LUCKY WHEN ONE DOES, BUT WE DON'T REQUIRE IT.
WE DON'T REVIEW PLANS AS ENGINEERS BECAUSE WE ARE NOT, WE LOOK AT VERY BASIC THINGS DIMENSIONALLY, DOES THIS FIT WHAT YOU SAID YOU WERE GOING TO BUILD DIMENSIONALLY? DOESN'T FIT WHAT THE VARIANCE WAS THAT WE REQUIRED YOU TO GET.
THAT'S THE LONG AND THE SHORT OF IT.
SO, BUT THANK YOU FOR YOUR TIME.
WE'RE GOING, WE GONNA KIND OF CHANGE THE AGENDA EVEN THOUGH YOU ALL APPROVED THE AGENDA BECAUSE WE HAVE AN APPLICANT THAT'S BEEN SITTING HERE FOR 45 MINUTES AND WE WOULD LIKE YOU OKAY.
SO WE GONNA GO WITH THE THIRD CASE ON THE AGENDA SO SHE DON'T HAVE TO BE HERE ALL NIGHT WITH US.
WHERE AM I STILL SITTING? I GOT MY ALL MESSED UP.
WE ARE GOING TO DO, THAT'S, I SAW B UH, BZA CASE 2216.
SO YOU CAN COME TO THE PODIUM, BUT WE'RE GONNA READ I'M, WELL, I'M SORRY.
AND THEN THE, UM, THE STAFF HERE BY CITY STAFF IS GOING GIVE THEIR REPORT.
THE APPLICANT FAST SIGN IS REQUESTED OF VARIOUS FROM, UM, SECTION 1180 9.04 TOTAL SQUARE FOOTAGE PROPERTIES LOCATED AT 7 7800 CENTRAL POINT 70 BOULEVARD.
SO THE APPLICANT AS STATED, IS REQUESTING A VARIANCE OF THE CITY OF HUBER RIDE ZONING CODE PERTAINING TO THE MAXIMUM ALLOWABLE SQUARE FOOTAGE FOR WALL SIGNAGE STOOPS.
FREIGHTLINER IS RESIGNING THEIR BUILDING AS YOUR RENDERINGS AND THIS ILLUSTRATE THE PROPOSED EAST FACING SIGN IS 148.5 SQUARE FEET.
THIS PROPOSED SIGN EXCEEDS THE MAXIMUM ALLOWABLE SQUARE FOOTAGE OF 75 SQUARE FEET.
I'M SORRY, ALTHOUGH WALL SIGNS ARE PERMITTED ON MULTIPLE SIDES.
UP TO A COMBINED TOTAL OF 200 SQUARE FEET ALONG INTERSTATE 70 PER SECTION 1190 0.10, SECTION 1180 9.07.
C1 STATES NO SINGLE SIGN MAY EXCEED 75 SQUARE FEET.
THIS SECTIONS IS REFERENCED AS APPLICABLE IN AND TWO SECTION 1180 9.10 IS UNLESS SPECIFIED OTHERWISE.
SORRY ABOUT ALL THE NUMBERS GUYS, BUT I'VE GOTTA READ 'EM INTO THE REPORT.
THEREFORE, THE APPLICANT REQUIRES A SQUARE FOOTAGE VARIANCE OF 73 AND A HALF SQUARE FEET FOR THE LARGER EAST FACING WALL SIGN.
FAST SIGN HAS APPLIED FOR PERMITS.
UH, APPROVAL IS BURIED ON THE DECISION OF THIS BOARD.
ALICE OF THE PROPERTY IS, IS APPROXIMATELY SEVEN ACRES.
UH, THERE ARE NO EASEMENTS INVOLVED IN THIS TYPE OF A VARIANCE.
UH, THE STRUCTURE IS WALL SIGNAGE.
THE PLACEMENT WILL BE ATTACHED TO THE EAST SIDE OF THE BUILDING.
AND ENGINEERING HAD NO COMMENTS BECAUSE THERE'S NOTHING IN AN ENGINEERING PERSPECTIVE THAT NEEDED TO BE LOOKED AT.
UH, IF YOU HAVE ANY QUESTIONS, I'LL TRY TO ANSWER THEM FOR YOU.
BEFORE WE GET WITH THE QUESTION FROM THE BOARD, LET ME CORRECT, I GAVE THE NUMBER WRONG.
[00:40:01]
THE RECORD.DO UM, MEMBERS HAVE ANY QUESTIONS FOR THE STAFF? YEAH, MATTER.
UM, MR. MALAR, THIS IS THE SAME PLACE PLACEMENT OF THE SIGN THAT'S ON THERE RIGHT NOW.
RIGHT? AS FAR AS I KNOW, IT'S, IT'S WHAT WE CALL A RE-SIGNING.
IT'S NOT A REFACING BECAUSE THAT'S TYPICALLY YOU'RE JUST TAKING A CABINET SIGN AND CHANGING IT.
YOU'RE TAKING THAT FREIGHTLINER OFF AND PUTTING THIS IN PLACE OF IT.
NO DIFFERENT DIMENSIONS OR ANYTHING LIKE THAT.
SO WHAT STOOPS IS TRYING TO DO IS USE AN EXISTING SIGN THAT THEY HAVE IN ANOTHER LOCATION, NOT IN OUR STATE.
SO ECONOMY WISE, IT SAVES THEM MONEY TO USE THIS EXISTING SIGN AND BRING IT, BUT IT DOESN'T FIT IN THE CODE.
SO THAT'S KIND OF WHY WE'RE HERE.
SO IT'S AN UPDATED SIGNAGE, BUT IT'S USED FROM AN ANOTHER, UM, FACILITY THAT THEY HAVE.
IT'S STILL THAT OVERHANGING WHERE THE FREIGHTLINER SIGN IS RIGHT NOW, CORRECT? YES.
IT WILL BE GOING IN THE SAME EXACT SPOT.
I WENT PAST IT AND SAID YEAH, IT LOOKS LIKE THE SAME.
I KNOW IT'S VERY CONFUSING CUZ IT ALMOST LOOKS EXACTLY LIKE THE SAME, BUT YEAH, THEY'RE, THEY'RE UPDATING THE SIGNAGE.
SO, SO THAT'S ALL THE QUESTIONS I HAVE, MAAM.
ANYONE ELSE HAVE ANY QUESTIONS? YOU HAVE ANYTHING YOU WANT TO TELL THIS BOARD? I THINK I JUST TOLD YOU GUYS.
UM, CAN I JUST PUT MY OPINION THAT I DON'T DO ANY KIND OF CONSTRUCTION, BUT I DO KNOW THAT I NEED TO GO TO MY ZONING BEFORE I EVEN GO TO MY BUILDING.
SO JUST THOUGHT I PUT THAT IN THERE.
IF WE DON'T HAVE ANY MORE QUESTIONS, I GUESS I WILL MOVE, UM, TO CLOSE THE CASE AND THEN WE ARE GOING TO READ THE VARIANCE.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE MATTER OF SECRETARY, WILL YOU PLEASE TAKE A VOTE? MR. DEAN? YES.
WHETHER VARIANCE IS SUBSTANTIAL NOW I'M SECRETARY.
WHETHER THE ESSENTIAL CHARACTERISTICS OF NEIGHBORHOOD WOULD BE STA SUBSTANTIAL ALTERED OR WHETHER A JOURNEY PROPERTY WOULD SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE? MR. SHAFER? NO.
WHETHER VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATERS, SANITARY SEWER OR GARBAGE REMOVAL? MR. DAVIDSON? NO.
WERE THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION? MR. DEAN? NO.
WHERE THE PROPER ONLY PREDICAMENT FEASIBILITY CAN BE AVERTED THROUGH SOME OTHER METHOD OTHER THAN THE VER MR. MOCK? YES.
WHETHER THE SPIRIT OR INTENT BEHIND HIS ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARI.
COULD I HAVE A MOTION TO APPROVE THE ERICS I'LL MAKE A MOTION TO APPROVE THE VARIANCE FOR BZA CASE 22 DASH 16.
CAN I HAVE A SECOND? A SECOND.
IT'S BEEN MOVED BY MR. DEAN AND SECOND BY MR. SCHAFFER THAT WE APPROVE THE VARIANCE.
IS THERE A QUESTION ON THE VARIANCE? ON THE MOTION? I'M SORRY.
THERE'S NO QUESTION ON THE MOTION MATTER.
SECRETARY, WILL YOU TAKE A VOTE PLEASE? MR. DEAN? YES.
[00:45:01]
ALMOST, I WAS WONDER I WAS TRYING TO BE PROFESSIONAL CAUSE YOU KEPT DODGING.OKAY, LET'S GET THIS ONE CASE THAT WE COULD REALLY TALK.
THE APPLICANT DEAN COUGAR IS REQUESTING A VARIOUS FROM SECTION 1120 3.25 CARPET CARPORT HEIGHT TIES LOCATED AT 7,000 PINE VIEW DRIVE.
DON, CAN YOU READ YOUR REPORT? YES MA'AM.
THE APPLICANT IS REQUESTING A VARIANCE OF THE CITY OF VIEW BRIDE ZONING CODE PERTAINING TO THE ALLOWABLE HEIGHT OF A CONSTRUCTED CARPORT.
THE CARPORT WAS FOUND TO EXCEED BY ONE FOOT THE ALLOWABLE HEIGHT OF 14 FEET, AT WHICH TIME THE CARPORT RECEIVED A FAILURE FROM THE ZONING INSPECTOR.
THE OWNER WAS TOLD HE HAD TWO CHOICES, EITHER LOWER THE CAR PORT TO ALLOW BULL HEIGHT OR ASK THIS BOARD FOR A VARIANCE FROM THE HEIGHT RESTRICTION.
THE HUB BRIGHT ZONING CODE SECTION 1120 3.25 DEFINES A CARPORT IS FOLLOWS A ROOF SHELTER FOR AN AUTOMOBILE OR SIMILAR MOTOR VEHICLE, WHICH IS PERMANENTLY OPEN ON AT LEAST TWO SIDES AND IS NO TALLER THAN 14 FEET.
THE SHELTER MUST BE LOCATED IN THE SIDE OR WHERE YARD AND MUST COVER AN IMPERVIOUS PARKING SERVICE.
THE SHELTER SHALL BE ATTACHED TO THE DWELLING OR ACCESSORY STRUCTURE AND SHALL NOT PROJECT BEYOND THE FRONT BUILDING LINE OF THE DWELLING.
THEREFORE, THE APPLICANT REQUIRES A HIGH VARIANCE OF ONE FOOT.
THE PROPERTY OWNER OBTAINED THE PROPER PERMIT FROM ZONING PRIOR TO CONSTRUCTION.
AT THAT TIME, ALL PHYSICAL LIMITATIONS WERE SUPPLIED TO MR. KLER, UH, AND ALLISON.
THE PROPERTY IS THE LOTT APPROXIMATELY A QUARTER ACRE.
THERE ARE NO UTILITY EASEMENTS WITHIN THE LIMITS OF THIS PROJECT.
THE STRUCTURE IS A CARPORT WHICH IS ATTACHED TO THE SIDE OF THE HOUSE.
UH, THE ENGINEERING DEPARTMENT DID NOT HAVE COMMENTS ON THIS VARIANCE REQUEST.
I'LL TRY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
ANYONE HAVE QUESTIONS FOR THE STAFF? SO THIS GENTLEMAN I HAVE QUESTION.
SO THIS GENTLEMAN BUILT THIS BEFORE GETTING THE VARIANCE YOU, THAT IS CORRECT.
AND ALL OF OUR APPLICANTS ARE MADE VERY AWARE OF LIMITS ON WHAT THEY'RE BUILDING AND THEY COME INTO THE FRONT DESK TO FILL OUT AN APPLICATION.
AS A RULE, THEY'RE GIVING A HANDOUT THAT HAS SPECIFIC INFORMATION PERTAINING TO THEIR PROJECT.
SO YES, HE WAS, HE SHOULD HAVE BEEN AWARE OF THE 14 FOOT HEIGHT LIMIT.
HERE, THERE NO ONE HERE TO, OKAY.
WELL, SINCE WE DON'T HAVE ANY MORE QUESTIONS, WE GONNA CLOSE THE CASE AND GO TO THE VARIANCE.
WHETHER THE PROMPTING QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFITS TO USE OF PROPERTY WITHOUT THE VARIANCE.
WHETHER VARIANCE IS SUBSTANTIAL, WELCOME SECRETARY.
WHETHER CHAR, WHETHER CENTRAL CHARACTERISTIC OF NEIGHBORHOOD WOULD BE SUBSTANTIAL ALTER WHETHER A JOURNEY PROPERTY WILL SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF, OF THE VARIANCE.
WHETHER VARIANCE WOULD ADVERSELY AFFECT DELIVER GOVERNMENT SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL? MR. DEAN? NO.
WHETHER THE, WHETHER THE PROCTOR ONLY PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION.
WHETHER THE PROPERTY OWNER PREDICTED FEES CAN BE AVER THROUGH SOME OTHER METHOD OTHER THAN A VARIANCE.
WHERE THE SPIRIT OR TENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND STATU JUSTICE DONE BY GRANTING THE VARIANCE.
[00:50:01]
MS. NEWBY? NO.COULD I HAVE A MOTION TO APPROVE THE VARIANCE? I'LL MOVE TO APPROVE THE VARIANCE FOR CASE NUMBER EASY CASE 2215.
THIS MAS MOVED BY MR. MOCK IS SECOND BY MR. DAVIS.
THAT THE VARIANCE FOR CASE DOING THIS, UM, CASE 2015 BE APPROVED.
IS THERE ANY QUESTIONS ON THE MOTION SAYING, HEARING? NO QUESTIONS ON THE MOTION? I SECRETARY, WILL YOU TAKE A VOTE PLEASE? MR. MOCK? NO.
5 0 5 THAT IS NOT APPROVED? CORRECT.
IS THERE ANY NEW BUSINESS? WELL, WE ALREADY DID THE NEWMAN IN ADDITIONAL BUSINESS IN NO ADDITIONAL BUSINESS.
UPCOMING, NEXT UPCOMING MEETINGS WILL BE NOVEMBER THE SEVENTH.
I MEAN, I'M SORRY, NOVEMBER THE SIXTH AND DECEMBER THE SEVENTH.
I KNOW HE CAN GET HIM MESSED UP MY MIND IF THERE IS NO OTHER STUFF TO DISCUSS.
CAN I HAVE A, A MOTION TO ADJOURN? OH, MAKE A MOTION TO ADJOURN.
WELL, WHO GONNA SECOND IT? I'LL SECOND IT.
IT'S BEEN MOVED BY MR. SHAER AND SECOND BY MR. DAVIDSON THAT WE CLOSE THIS MEETING AT 7 21 HERE.