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[00:00:03]

ALL RIGHT.

YEP.

[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road November 2, 2022 6:30 P.M.]

I SHOULD CALL THE MEETING OF THE CITY OF HUBA HEIGHTS BOARD OF ZONING APPEALS TO ORDER.

MADAME SECRETARY, WILL YOU PLEASE CALL THE ROLE? ALL RIGHT, MR. DAVIDSON? HERE.

MR. DEAN HERE.

MR. MOCK.

AND HE CALLED TO SAY HE WOULD NOT BE HERE.

MR. SCHAFFER? HERE.

MS. NEWBY HERE.

UM, BEFORE WE GO ON WITH THE AGENDA, WE NEED TO, UH, MAKE A, UH, HAVE A MOTION FOR THE ABSENT TO APPROVE OF THE ABSENT OF MR. MOCK.

I MAKE A MOTION TO APPROVE THE ABSENT OF MR. MON.

COULD I GET A SECOND? I'LL SECOND THAT.

IT'S BEEN MOVED BY MR. DAVIDSON, THE SECOND BY MR. DEAN, THAT MR. MARK IS APPROVED.

UM, HAS APPROVED ABSENT FROM THE MEETING OF NOVEMBER 2ND, 2022.

IS IS THERE ANY QUESTION ON THE MOTION? OKAY.

NO QUESTION MA'AM.

SECRETARY, WILL YOU TAKE A VOTE, PLEASE? MR. DAVIDSON? YES.

MR. DEAN? YES.

MR. SCHAFFER? YES.

MS. NEWBY? YES.

OKAY, THANK YOU.

WE HAVE ONE SET OF MINUTES TO APPROVE TONIGHT, UH, FOR, UM, OCTOBER 5TH, 2022.

IF THERE ARE NO COMMENTS OR CORRECTIONS TO BE MADE TO THESE MINUTES, HOLD ANY, IF NOT THE MINUTES WILL BE STAND AS WRITTEN.

NEXT.

MAY I HAVE A MOTION TO APPROVE THE AGENDA FOR TONIGHT? MAKE A MOTION TO APPROVE THE AGENDA.

COULD I HAVE A SECOND? I SECOND.

IT'S BEEN SEC.

IT'S BEEN MOVED BY MR. SCHAFFER AND SECOND BY MR. DAVIS THAT THE AGENDA FOR NOVEMBER 2ND, 2022 BE APPROVED.

ANY QUESTIONS ON THE, ON THE MOTION? NO QUESTIONS.

THE, THERE'S UH, NO NEED FOR A VOTE.

SO THE MINUTES ARE APPROVED.

WE WILL FOLLOW AGENDA AS WRITTEN.

ANY WITNESSES IN ACCORDANCE WITH THE RULE OF THE BOARD OF THE ZONING APPEAL? ANYONE WISHING TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA TONIGHT? NEEDS TO BE SWORN IN.

I ASK ANYONE, EVERYONE TO STAND, RAISE YOUR RIGHT HAND AND RESPOND.

I DO.

TO THE FOLLOWING OATH, IF YOU PLAN TO COME UP TO THE PODIUM AND GIVE TESTIMONY OR TO A CASE.

SO COULD, SO COULD YOU PLEASE STAY IN, RAISE YOUR RIGHT HAND.

DO 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? I DO.

OKAY.

THANK YOU.

DOE.

ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER THE CASE REVIEW AND THE STAFF GIVES THE REPORT, THE REPORT, PLEASE STEP TO THE PODIUM.

STATE YOUR STATE AND SPELL YOUR NAME FOR THE RECORD AND PLACE YOUR NAME.

THERE'S A SIGN IN SHEET ON THE PODIUM.

OKAY.

WE WILL PROCEED TO OLD BUSINESS.

THE FIRST OLD BUSINESS THAT WE HAVE IS BGA CASE 2215.

THE APPLICANT DEAN COUGAR, IS REQUESTING A VARIANCE FROM SECTION 1120 3.25 CARPORT HEIGHT.

THE PROPERTY IS LOCATED AT 7,000 PINE VIEW DRIVE.

DON, COULD YOU GIVE THE REPORT? YES, MA'AM.

TO STAFF REPORT? YES.

THANK YOU.

GOOD EVENING EVERYONE.

THANK YOU FOR BEING HERE.

UH, AS STATED, THE APPLICANT IS REQUESTING A VARIANCE OF THE CITY OF 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 CARPORT TO AN ALLOWABLE HEIGHT OR AS THIS BOARD FOR A VARIANCE FROM THE HEIGHT RESTRICTION.

THE HUB RIDE ZONING CODE SECTION 1120 3.25 DEFINES A CARPORT AS FOLLOWS, A ROOFED 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 REAR YARD AND MUST COVER IN AN IMPERVIOUS PARKING SERVICE.

THIS SHELTER SHALL BE ATTACHED TO, TO THE DWELLING OR ACCESSORY STRUCTURE AND SHALL NOT PROJECT BEYOND THE FRONT BUILDING LINE OF THE DWELLING.

THEREFORE, THE APPLICANT REQUIRES A HEIGHT 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. COOLER STAFF.

ANALYSIS OF THE PROPERTY IS AS FOLLOWS.

THE LAW IS APPROXIMATELY 0.25 ACRES, UH, REGARDING EASEMENTS.

THERE ARE NO UTILITY EASEMENTS WITHIN THE LIMITS OF THIS PROJECT.

THE STRUCTURE IS A CARPORT IS STATED.

THE PLACEMENT IS ATTACHED

[00:05:01]

TO THE SIDE OF THE HOUSE.

ENGINEERING DEPARTMENT HAD NO COMMENTS ON THIS VARIANCE REQUEST.

DO THE BOY HAVE ANY QUESTIONS FOR STAFF? DO WE HAVE ANY, THE INDIVIDUAL, THE APPLICANT FOR THIS CASE OUT IN THE AUDIENCE? COULD YOU GO TO THE PODIUM, SIR AND STATE YOUR NAME AND SPELL IT AND THIS SIGN? MY NAME'S DEAN COOGLER, K O O G L E R.

AND UH, I WONDERED, UH, I MISSED THE LAST MEETING.

I, I, I WAS MISUNDERSTANDING.

I GUESS IT WAS, I WAS SUPPOSED TO BE HERE, BUT FROM THE ONE BEFORE, I GUESS I PUT THE HAPPEN IN AND SHE SAID, I DON'T THINK YOU'LL MAKE IT TO BE ABLE TO MAKE IT INTO THE NEXT ONE.

I'LL LET YOU, YOU KNOW, WELL, I DIDN'T HEAR ANYTHING, SO I KIND OF MISSED THE LAST ONE.

AND THEN I GOT A CALL, SAID IT WAS DENIED.

AND MAN, THAT MAKES IT SOUND LIKE I DIDN'T EVEN CARE, YOU KNOW, IF I DIDN'T SHOW UP TO A MEETING OR SOMETHING.

BUT HE CALLED ME BACK, I THINK THE NEXT DAY OR A FEW HOURS LATER AND SAID I'D BE TO THIS ONE.

SO, BUT WHEN WE BOUGHT THIS CARPORT, WE PAID A LITTLE OVER $2,000 FOR IT AND I GOT THE PAPERWORK HERE THAT I ORDERED IT 12 BY 26.

THE LENGTH OF THE DRIVEWAY, THE WHERE I WAS GONNA BE AT BY 12, AND THAT'S WHAT I FIGURED IT WAS GOING TO BE WAS 12 BY 12 BY 26 LONG.

WELL, I DIDN'T REALIZE IT WAS, I DIDN'T EVEN MEASURE THE HEIGHT OF IT.

I JUST, THEY PUT IT UP, THE GUYS PUT IT UP IN ABOUT THREE HOURS OR SO.

AND UH, THEN WHEN HE CAME OUT AND DONE THE MEASURING, HE SAID, WELL, WE'LL HAVE TO FIND OUT ABOUT THIS, YOU KNOW, CAUSE IT'S A FOOT OVER AND THEN THAT'S, IT COMES TO THIS POINT AND I, HE TOLD ME THE SAME THING.

I'D EITHER HAVE TO GET A, GET IT LOWERED OR TAKE IT OUT OR APPLY FOR A VARIANCE.

SO WE GOT AHOLD OF THE COMPANY THAT PUT IT UP.

I HAD A HARD TIME GETTING AHOLD OF THEM AND UH, IT TOOK ME, IT TOOK ME A WHILE, BUT THEY HAD, THEY FINALLY SCHEDULED THE PEOPLE THAT PUT IT UP, I GUESS IT WAS THE MAINTENANCE PEOPLE THAT PUT IT UP.

SO THEY WERE SUPPOSED TO COME OUT LIKE ON A SATURDAY.

I DON'T, I DON'T REMEMBER A DATE.

THEY CALLED ME UP, WIFE WENT AND GOT A CASHIER'S CHECK MADE OUT FOR WHAT IT WAS GONNA COST US, WHICH WAS ANOTHER 11, ALMOST $1,200.

AND, UH, JUST TO GET IT LOWERED.

AND UH, THEN THEY CALLED ME UP FRIDAY AFTERNOON, SAID THEY WASN'T GONNA MAKE IT.

THEY DIDN'T HAVE THE PEOPLE TO COME AND DO IT.

SO I TRIED AND TRIED FOR A MONTH AND A HALF, TWO MONTHS TRYING TO GET AHOLD OF THEM.

I'D GET AHOLD OF SOMEBODY, WELL, WE'LL SCH WE'LL GET IT SCHEDULED.

AND I CALLED AND CALLED AND NEVER DID IT, NEVER DID IT, CALLED 'EM BACK, COULDN'T GET AHOLD OF NOBODY, AND THEN FINALLY GET AHOLD OF SOMEBODY AND SHE SAID, WELL, WE'RE HAVING A PROBLEM GETTING AHOLD OF THE PEOPLE THAT DO IT CUZ THEY GOT A, THIS COMPANY, AMERICAN STEEL WORKS OUT AT ALL STATES ALL OVER THE PLACE AND THEY'VE GOT CREWS THAT GO ALL OVER.

BUT, UH, THEY SAID THEY COULDN'T MAKE IT THAT DAY CAUSE OF THE PEOPLE.

AND THEN SHE SAID, WELL, LET ME GIVE YOU THE NUMBER TO THE, THE MAINTENANCE.

THE MAN THAT PUTS THE BUILDINGS UP ITSELF, THE ONE THAT WOULD BE LOWERING IT.

AND ALL I CA CALLED THAT.

ALL I COULD GET WAS A RECORDING SET.

HIS BOX WAS FULL.

I CALLED THAT LADY BACK, FINALLY GOT AHOLD OF HER AND SHE SAID, SHE SAID, WELL, LET ME GO AHEAD AND TRY AND GET AHOLD OF HIM AGAIN.

I NEVER HEARD ANOTHER THING OUT OF HER.

I TRIED TO CALL AND TRY TO CALL.

NOBODY WOULD EVER, IT WAS LIKE THEY WAS PUTTING ME OFF.

THEY DIDN'T WANT TO DO IT.

THEN THEY TOLD US THE PRICE IT WAS GONNA COST AND EVERYTHING.

AND THEN, AND THEN IT, THEY WOULDN'T DO IT.

SO THEN I, WHEN I WENT TRY AND APPLY FOR THE VARIANCE, BUT WHEN I BOUGHT IT, ORIGINALLY BOUGHT IT, I THOUGHT 12 WIDE, 26 LONG, AND 12 HIGHS.

THAT'S WHAT I WAS THINKING.

SO I JUST, THAT'S THE WAY I HAD IT INSTALLED.

SO, AND THEN I DIDN'T EVEN THINK ANYTHING ABOUT IT UNTIL THE GUY COME OUT, OUT AND MEASURED IT AND SAID IT WAS A FOOT TOO TALL.

SO THAT'S WHY I WENT AHEAD AND APPLIED FOR THE VARIANCE ON IT TO SEE IF I COULD GET THAT.

SO THAT'S, THAT'S WHERE I'M AT RIGHT NOW.

ANY BOARD MEMBERS HAVE A QUESTION FOR MR. COLE? MATT JUROR? I DO.

UM, DID YOU GET WITH THE COMPANY AND SAY, YOU KNOW, WHEN YOU BOUGHT IT, IT WAS ONLY SUPPOSED TO BE 12 FOOT AND YOU KNOW, THEY PUT UP THE WRONG ONE? NO, WHEN I ORDERED IT, WHEN THEY, WHEN THEY CAME OUT AND MEASURED AND TOLD US, I TOLD 'EM WHERE IT WAS GONNA BE, SHOWED 'EM EVERYTHING.

TOLD 'EM IT WAS GONNA BE, I I NEEDED A 12 WIDE AND 12.

I, I TOLD 'EM 12 BY 12.

WELL, WHAT IT ENDED UP WHEN, I CAN'T REMEMBER IF THE GUY THAT CAME OUT MEASURED IT, THE POST, HE ITSELF IS 12 AND THEN THE, THE GABLE ROOF IS PUT ME OVER THE THING.

I DIDN'T REALIZE THAT I WENT OVER, WENT, WENT THREE FEET OVER THE, THE 12 POST.

SO, AND THEIR FIX ON THAT, IT'S PROBABLY JUST CUT THE POST DOWN AND LOWER DOWN.

WELL, FROM WHAT THEY TOLD ME, THEY WERE GOING TO HAVE TO GET UP ON TOP OF IT AND TAKE

[00:10:01]

THE PANELS BACK OFF AND TAKE THE FRAME DOWN AND THEN CUT THE POST OFF AND LOWER THE THING DOWN.

THAT'S, THAT WAS, I EVEN GOT UP HERE MYSELF.

I'M, I GET DIZZY SPELLS AND I GOT UP ON THE GARAGE ROOF AND I'M LOOKING AT IT AND I SAID, MAN, THERE AIN'T NO DANG WAY I CAN GET UP HERE.

AND THE WIFE SAYS, WELL, MAYBE YOU CAN GET SOME HELP, YOU KNOW, I SAID, I'M NOT GONNA CHANCE THAT I DON'T HAVE THE RIGHT EQUIPMENT AND STUFF THAT THOSE GUYS, WHEN THEY PUT IT UP, LIKE I SAID, THREE HOURS IT WAS OUT.

THEY'D DONE THAT SO EASY AND MUCH.

AND, AND THEN THEY GAVE ME THE, LIKE THEY DIDN'T WANNA DO IT, YOU KNOW, COULDN'T GET AHOLD OF NOBODY.

I GOT A WROTE DOWN HERE, I CALLED AND CALLED, CALLED I TALKED TO CERTAIN PEOPLE AND THEN THEY'D PUT ME OFF AND WELL, SHE DON'T EVEN WORK HERE ANYMORE.

YOU KNOW, THE LAST PERSON I TALKED TO, I SAID, IT JUST SOUNDED LIKE A, LIKE THEY DIDN'T WANNA DO IT.

SO THEY EVEN TOLD ME A PRICE ON THE THING AND I HAD A CASHIERS CHECKED, EVERYTHING MADE OUT AND THEY CALLED AND SAID THEY WASN'T GONNA MAKE IT.

SO, AND THAT WAS THE LAST POSITIVE THING I HEARD FROM THEM.

THAT'S WHY I WENT AHEAD AND SEE IF I COULD APPLY FOR A VARIANCE ON IT.

HAVE YOU, UM, ARE YOU DOING, I'M SORRY.

YEAH.

HAVE YOU CHECKED WITH SOME OTHER COMPANY THAT DOES SIMILAR WORK LIKE THAT? THAT COULD WORK? I GOT AHOLD OF THIS PLACE UP ON BRANT AND THEY DON'T, THEY DON'T EVEN DO CARPORTS ANYMORE.

THEY, THEY HAD A CARPORT AND THAT'S WHERE I FIRST LOOKED AT 'EM AND THEN I FOUND THIS OTHER COMPANY WAS A LITTLE CHEAPER THAN THEY WERE AND THEY DON'T EVEN DO CARPORTS ANYMORE.

THEY'RE JUST, IT'S LIKE ALL THEY DO SHEDS NOW.

SO, BUT I COULDN'T, I'D ASKED AROUND EVERYTHING ELSE, BUT I COULDN'T FIND ANY PLACE LOCAL AROUND IT WOULD DO IT.

ANYBODY ELSE HAVE ANY QUESTIONS? NO QUESTIONS.

NO ADDITIONAL QUESTIONS.

YOU HAVE ANY, ANYTHING ELSE YOU WOULD LIKE TO SAY, SIR? OTHER THAN I'D LIKE TO HAVE THE VARIANCE.

I MEAN, CAUSE IT'S ONLY A, IT'S A FOOT, BUT THERE'S TREES GROW UP.

IT DOESN'T, THE NEIGHBOR, IT DON'T BOTHER HIM.

NOBODY, NONE OF THE NEIGHBORS BOTHERED ANY OF 'EM.

THE GUY NEXT DOOR TO HIM, HE SAID I COULD DO WHATEVER I WANT AND I MENTIONED SOMETHING ABOUT TRIMMING ONE OF HIS TREES ONE TIME.

HE SAID, YOU CAN TAKE THAT TREE OUT IF YOU WANT.

I DON'T CARE.

SO IT TORE HIS ROOF UP, BUT OKAY.

WELL WE'RE GONNA CLOSE THE CASE.

I CLOSED THIS CASE BZ, BZA CASE 2015 AND I WILL START READING THE VARIANCE.

OH, YOU CAN SIT DOWN, SIR.

OKAY.

YOU WANT ME TO SIGN THIS? YES.

MAKE SURE YOU SIGN THAT BEFORE YOU SIT DOWN.

UM, I'M GONNA READ EACH VARIANCE AND AFTER EACH VARIANCE, THE SECRETARY WOULD TAKE A ROLE AND YOU CAN SAY YES OR NO FOR EACH APPLY EACH VARIANCE.

OKAY.

HERE ARE, HERE WE GO.

WHERE 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 CALL THE ROLE PLEASE? MR. DAVIDSON? YES.

MR. DEAN? YES.

MR. SCHAFFER? YES.

MS. NEWBY? YES.

WERE THE VARIANCE SUBSTANTIAL BY THE SECRETARY, MR. DEAN? NO.

MR. SCHAFFER? NO.

MISS MR. DAVIDSON? NO.

MISS NEWBY? NO.

WHETHER CENTRAL CHARACTER, CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER AJOUR PROPERTY WOULD SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE MATTER OF SECRETARY MR. SCHAFFER? YES.

MR. DAVIDSON? YES.

MR. DEAN? YES.

MISS NEWBY? YES.

WHERE THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL? MADAM SECRETARY, MR. DAVIDSON? NO.

MR. DEAN? NO.

MR. SCHAFFER? NO.

MISS NEWBY? NO.

WHERE THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION? MR. DEAN? NO.

MR. SCHAFFER? YES.

MR. DAVIDSON? YES.

MISS NEWBY? YES.

WHERE THE PROPERTY OWNER'S PREDICAMENT FEASIBLY CAN BE AVERTED THROUGH SOME OTHER METH METHOD OTHER THAN A VARIS.

MADAM SECRETARY MR. SCHAFFER? YES.

MR. DAVIDSON? YES.

MR. DEAN? YES.

MISS NEWBY? YES.

WHETHER THE SPIRIT INTENT BEHIND HIS ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING NEVAS.

MR. DAVIDSON? NO.

MR. DEAN? NO.

MR. SCHAFFER? NO.

MS. NEWBY? NO.

OKAY.

MAY I HAVE A MOTION TO APPROVE VERE CAN I, UH, MODIFY THAT MOTION IF YOU DON'T MIND, UH, ON THE B C A CASE 2215.

UM, WHEN THE VOTE GOES THROUGH, IF WE CAN GIVE HIM MORE TIME TO OVATE TO SITUATION, WHATEVER IT IS, HAVE TO, CAN I TAKE HIM VOTE? YEAH, BECAUSE YOU'RE GOING, IT WOULD HAVE TO HAVE TO DO A DENT.

UM, MAKE A MOTION.

APPROVE THE BZA CASE.

22 DASH 15.

OKAY.

CAN I HAVE A SECOND? SECOND.

IT'S BEEN MOVED BY

[00:15:01]

MR. DAVIDSON AND SECOND BY MR. SCHAFFER THAT THE CASE, THE BZA CASE 20, UM, 2215 BE APPROVED.

IS THERE ANY QUESTIONS ON THE MOTION? NO QUESTIONS ON THE MOTION.

MYAM SECRETARY, WILL YOU TAKE A VOTE PLEASE? MR. DEAN? NO.

MR. SCHAFFER? NO.

MR. DAVIDSON? NO.

MS. NEWBY? NO.

SO IT FAIL FOUR TO ZERO.

NOW WE WILL DO MAKE A MOTION.

WELL ADDENDUM TALK ABOUT WHAT YOU WANNA DO.

YEAH.

YEAH.

TALK ABOUT WHAT YOU WANT TO DO TO ADD IT TO THE RECORD.

ASK FOR MOTION TO, UM, GIVE THE BTA CASE 2215 SINCE HE HAS BEEN HAVING ISSUES OF TRYING TO FIND A COMPANY TO DO THAT.

GIVE HIM LIKE A THREE MONTH WINDOW.

ALL RIGHT THEN CAN I HAVE A SECOND ON THAT? I'LL SECOND IT.

IT'S BEEN MOVED BY MR. DAVIDSON A SECOND BY MR. SHAER THAT WE GIVE THE APPLICANT ON THE BZ BZA CASE 2215, UH, THREE MONTH EXTENSION SINCE HE'S BEEN WORKING TO TRY TO ABIDE BY WHAT THE O OHIO, UH, REVISED CODE SAY ON THE VARIANCE.

ANY QUESTIONS ON A MOTION? IF THERE'S NO QUESTION ON A MOTION, CAN I HAVE A VOTE PLEASE? ALL RIGHT, MR. DEAN, THIS IS YOUR VOTING ON A THIRD THREE MONTH EXTENSION.

NO.

MR. SCHAFFER? YES.

MR. DAVIDSON? YES.

MS. NEWBY? YES.

THREE TO ONE.

THREE TO ONE.

OKAY.

SO WE GOT THREE MONTHS.

OKAY.

SO MR. COUGAR, UNDER CIRCUMSTANCES WE, THE BOARD WILL EXTEND YOU THREE MONTHS TO BE IN COMPLIANCE WITH WHAT THE VI THE VARIANCE SAYS FOR, UM, THE SECTION 1120 3.25.

SO WITHIN THREE MONTHS YOU NEED TO, UM, COME BACK AND LET US KNOW IF YOU HAVE APPLIED WITH OUR REQUEST.

OKAY? THREE MONTHS WITH TODAY, MADAME CHAIRMAN, IF BY MAY, UM, IF THE APPLICANT WERE TO BECOME COMPLIANT CONTACT ZONING, SAY I'M COMPLIANT, WE WOULD GO BACK OUT, DO AN INSPECTION OF FIRM THAT COMPLIANCE, WE WOULD ISSUE HIM A CERTIFICATE THAT SAYS HE'S PASSED OUR INSPECTION.

OKAY.

I DON'T SEE, WITHOUT ALL DUE RESPECT, ANY REASON TO COME BACK BEFORE THE BOARD.

OKAY.

THAT, THAT IS THE CASE.

IF AT THE END OF THAT TIME, AND MY QUESTION TO YOU IS, IF WE HAVE NOT RECEIVED FROM HIM NOTIFICATION THAT THE ADJUSTMENT'S BEEN MADE WHERE WE CAN DO COMPLIANCE, DOES THIS BOARD WANT TO HEAR THIS CASE FOR A THIRD TIME IN ORDER TO MAKE A MOTION ON APPROVING OR DENYING THIS VARIANCE? WHAT'S THE BOARD, WHAT'S THE MEMBERS OF THE BOARD'S PLEASURE ON THAT.

THAT'S A GOOD POINT SIR.

AND BECAUSE IT THEN WOULD BECOME A NON-COMPLIANT STRUCTURE.

SO THEY'VE ALREADY, UM, THAT'S A PROBLEM.

AND, AND SINCE FOR, FOR THE PROPERTY OWNER? YEAH.

AND SINCE THE DVA HAVE ALREADY BEEN DENIED, WHAT WOULD BE, CAUSE THEY'VE DENIED IT.

SO MY REC MY RECOMMENDATION WOULD BE THAT IF HE IS UNABLE TO BECOME COMPLIANT, UH, WE WOULD, I THINK WE WOULD NEED TO HAVE AN ADDITIONAL HEARING SO THIS BOARD CAN MAKE A FINAL DECISION WITH, UH, WITHOUT EXTENSION AND AT THAT TIME DECIDE WHETHER OR NOT A VARIANCE WILL BE GRANTED.

IT SOUNDS LIKE THE BOARD'S RULING AGAINST A VARIANCE AT THIS TIME, BUT WITH THE EXTENSION FOR TIME FOR COMPLIANCE, WE WANT TO MAKE SURE IF THERE'S A CHANGE IN ATTITUDE OR DECISION THAT THAT'S HURT AS WELL.

BUT THAT'S ENTIRELY UP TO THE BOARD.

MAYOR, PRESIDENT, UM, I HAVE A SUGGESTION IF I MIGHT, UM, THAT IF AFTER THE THREE MONTHS HE'S STILL NOT IN COMPLIANCE, I WOULD LIKE TO SEE A FILING FROM SMALL CLAIMS COURT AGAINST THE BUILDER AND GIVE HIM TIME THEN TO TAKE THAT THROUGH THE SMALL CLAIMS PROCESS AND ASSUMING THAT THE SMALL, IF THE SMALL CLAIMS PROCESS THEN TURNS HIM DOWN, THEN WE WOULD REHEAR IT.

JUST MY THOUGHTS.

RIGHT.

I'M, I I MEAN I'M FINE WITH THE THREE MONTHS.

UH, YOU KNOW, OF COURSE HE HAS TO GO TO OTHER BUILDERS OR WHATEVER TO TRY TO GET IT REMOVED DOWN.

UH, I MEAN THE SITUATION IS, IT'S OUT OF COMPLIANCE RIGHT NOW WAY TWO TO THREE MONTHS.

AND IF IT FAILS AGAIN, I HAVE NO PROBLEM BRINGING BACK UP TO THE BOARD, YOU KNOW, BUT I'M JUST GIVING A THREE MONTH WINDOW.

KEEP IN MIND WE HAVE ALREADY TURNED IT DOWN.

MM-HMM.

, I MEAN VOTED AGAINST ITSELF.

YEP.

WOULD IT BE MAKE IT LOGICAL TO BRING THEM BACK IN

[00:20:01]

EVEN THOUGH WE HAVE VOTED? I, I WOULD GO ALL FOR MR. LAWRENCE'S RECOMMENDATION THERE.

I'M TOTALLY FINE WITH THAT, YOU KNOW.

OKAY.

SO IN THE RECORDS WE WANTED TO STATE THAT IF THE APPLICANT IS NOT IN, HAVE NOT MADE THE COMPLIANCES WITHIN THE THREE MONTH PERIOD OF TIME, THAT THE BOARD WILL GO ALONG WITH WHAT THE RECOMMENDATION THAT THE STAFF HAS MADE.

DOES EVERYONE AGREEABLE ON THAT? DO WE NEED TO TAKE A VOTE ON THAT THEN? FOR RECORD? OKAY.

WON'T HAVE TO BE, I'LL DO IT ONE WAY OR ANOTHER.

I'LL DO IT MYSELF.

WELL, WE DON'T WANT YOU UP THERE, YOU KNOW, YOU KNOW I'M NOT, I'VE ALREADY THOUGHT OF A DIFFERENT WAY TO DO IT MYSELF.

I'VE GOT ENOUGH PEOPLE WHO CAN HELP ME, BUT I CAN, I CAN.

OKAY.

BUT DEFINITELY GET PEOPLE TO HELP YOU CUZ WE DON'T WANT YOU UP THERE, YOU KNOW, WE'RE NOT ASKING YOU TO DO IT YOURSELF.

I KNOW, RIGHT? OKAY.

I'VE ALREADY, ALREADY IN MY MIND AND I TALKED TO SOME OF THE RENTAL PLACES FOR EQUIPMENT WHERE I DO MYSELF AND THE BOTTOM PARTS IS THE SAME PIECE.

THERE'S SIX, SIX STRUTS ALL THE WAY DOWN AND THE SOLID PIECE ALL THE WAY DOWN.

AND THEY'VE GOT LIKE TWO FOOT UP WITH THESE UPPER POST SET DOWN OVER, CUT THEM OFF OUT FOUR, FIVE FEET, MAYBE CUT THEM OFF AND THEN LOWER DOWN THE FEET AND EVERYTHING'S SOLID AND ALL I GOTTA DO IS, OK.

THAT WAS MY, THAT WAS MY QUESTION THERE CUZ I'D BE SURPRISED YOU COULDN'T CUT.

THEY'RE ALL THE SAME POSTS AND ALL THAT.

SO ONCE YOU DO YEAH, ONCE YOU DO THAT, SIR, PLEASE GET A HOLD TO THE STAFF HERE.

THAT'S TO LET 'EM KNOW THAT THAT'S BEEN DONE AND THANK YOU FOR YOUR COOPERATION AND TRYING TO, OKAY.

ALL RIGHT.

BUT THAT CLOSES THAT CASE.

WE'LL MOVE FORWARD TO.

THANK YOU SO MUCH FOR COMING IN.

YOUR COOPERATION.

OKAY, MA'AM.

OKAY, MA'AM.

OKAY.

OKAY, NOW WE HAVE, WE CAN GO ON TO THE NEW BUSINESS AT HAND.

THE FIRST NEW B NEW BUSINESS THIS EVENING IS BGA CASE 2217.

THE APPLICANT, CHRIS LEDFORD, IS REQUESTING OF VARIANCE FROM SECTION 1190 1.01.

LOCATION OF ACCESSORY BUILDING PROPERTY IS LOCATED AND THE PROPERTY IS LOCATED AT 48 10 BAYVIEW COURT.

DON? YES MA'AM.

THE APPLICANT IS REQUESTING A VARIANCE OF THE CITY OF RY ZONING CODE PERTAINING TO THE LOCATION OF A CONSTRUCTED STORAGE BUILDING.

ON SEPTEMBER 30TH, 2022, A ZONING CERTIFICATE WAS ISSUED TO THE PROPERTY OWNER FOR CONSTRUCTION OF A STORAGE BUILDING AT 48 10 BAYVIEW COURT.

UPON INSPECTION BY THE ZONING DEPARTMENT, THE BUILDING WAS FOUND PLACED IN THE SIDE YARD RATHER THAN THE REAR YARD AS REQUIRED.

THE REQUIRED REAR YARD LOCATION WAS PROVIDED TO THE OWNER WHEN THE PERMIT WAS ISSUED.

SECTION 1190 1.01 OF THE HUB RIGHTS ZONING CODE STATES IN ANY R B A P THROUGH PD OR I DISTRICT AND ACCESSORY BUILDING NOT EXCEEDING ONE AND ONE HALF STORIES OR 14 FEET IN HEIGHT, MAY BE PERMITTED IN ANY 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, IT SHALL BE AT LEAST FIVE FEET FROM ANY PERMANENT STRUCTURE.

CLOSE QUOTE, THE BUILDING BUILDING DOES NOT MEET THE FIVE FOOT SEPARATION REQUIREMENT FOR THE HOUSE FOUNDATION LINE AND THEREFORE THE APPLICANT REQUIRES A LOCATION VARIANCE IF THE BUILDING IS TO REMAIN IN THE SIDE YARD.

STAFF ANALYSIS IS THE LATTICE APPROXIMATELY 0.3 ACRES REGARDING EASEMENTS.

THERE IS A SANITARY EASEMENT THAT LIES ON THE SOUTH SIDE FROM THE FRONT CORNER OF THE HOUSE AND WIDENING TO APPROXIMATELY 18 FEET AT THE REAR CORNER.

THE STRUCTURE IN QUESTION IS THE STORAGE BUILDING, UH, PLACEMENT CURRENTLY IS ON THE LEFT OR SOUTH SIDE OF THE HOUSE.

ENGINEERING STATED IT IS ILLUSTRATED ON THE ATTACHED MAP.

AN EIGHT INCH SANITARY SEWER MAIN, WHICH IS THE GREEN LINE ON THE MAP, RUNS ALONG THE SOUTH SIDE OF THE PROPERTY, WIDENING FROM APPROXIMATELY NINE FEET OFF THE FRONT CORNER TO 25 FEET OFF THE REAR CORNER.

ENGINEERING HAS NO PARTICULAR CONCERN WITH THE PROXIMITY OF THE SEWER MAIN.

THAT ENDS MY REPORT.

IF YOU HAVE ANY QUESTIONS I CAN ANSWER, I'LL BE HAPPY TO.

DO ANY OF THE BOARD MEMBERS HAVE QUESTIONS FOR STAFF? JUST I HAVE ONE.

MS. MILLARD? YES, SIR.

ON THE APPLICATION, I THINK ON THIS APPLICATION THAT DID SHOW THE APPLICANT SAY THAT SHED WOULD BE IN THE REAR YARD, CORRECT? THAT'S MY UNDERSTANDING, YES, SIR.

OKAY, THANK YOU.

[00:25:01]

THAT'S ALL.

ANYBODY ELSE HAVE ANY QUESTIONS? MR. SCHAFFER? MR. DEAN DON'T HAVE QUESTIONS.

DO WE HAVE ANYONE THAT WANTS SPEAKING FOR THIS CASE? COULD YOU COME UP TO THE PODIUM? STATE YOUR NAME, SPELL IT.

UH, CHRIS LEDFORD.

L E D F O R D.

UM, WHEN I FIRST STARTED THIS PROJECT, UM, I WAS UNDER ONE, A HUNDRED PERCENT INTENTION IS TO PUTTING IT WHERE IT NEEDS TO GO.

ONCE WE STARTED THE PROJECT, UM, THE WAY THAT OUR YARD IS, IT COMES OFF AND IT SLOPES DOWN AND I WAS CONCERNED ABOUT THE RUNOFF AND POSSIBLE EROSION AFTER ADDING, UM, A STRUCTURE THERE.

SO I CONTACTED A CITY MEMBER AND WAS TALKING TO HIM ABOUT IT AND HE SAID THAT THE WAY THAT THE YARD IS, THAT I WOULD BE NOT, I WOULD BE, BUT UM, HE WOULD SEE NO PROBLEM WITH PUTTING IT WHERE IT IS NOW AND ASKING FOR A VARIANCE.

SO THAT'S WHAT I'M DOING TODAY.

SO YOU SAID A CITY MEMBER? MM-HMM.

A COUNCIL MEMBER, YOU SAW NO PROBLEM.

HE OR SHE SAW NO PROBLEM WITH IT BEING PUT WHERE YOU HAVE IT AT NOW.

CORRECT.

AND ASKING FOR A VARIANCE AND ASK FOR AND ASK FOR VARIANCE.

YES.

UH, MAY I ASK WHO THAT PERSON OR, OR YOU SAY A CITY MEMBER? YOU'RE NOT REFERRING TO A MEMBER OF STAFF AT THIS BUILDING? UM, UH, COUNCIL MEMBER.

OKAY.

THANK YOU FOR THAT CLARIFICATION.

OKAY.

IT'S A COUNCIL MEMBER.

OKAY.

UM, SO DID AN INSPECTOR COME OUT WHEN THE INSPECTOR CAME OUT TO, BECAUSE I'M LOOKING AT THIS.

THIS IS 2021, RIGHT? OKAY, LET ME LOOK AT THIS ONE.

ANYBODY GOT ANY QUESTIONS? WHY? I LOOKED AT MY, MY ONE BLANK ON MY QUESTION.

NO QUESTIONS, MA CHAIR? YEAH, GO AHEAD.

UH, THE OTHER DAY I DID GO OUT THERE AND I THINK I TALKED TO YOUR FATHER OR WHATEVER LIKE THAT MM-HMM.

, HE DID LET ME IN THE BACKYARD, THE LOOK OF THAT.

I DID SEE WHERE THE SLOPE GOES, ABOUT 20 FEET FROM THE BACK OF THE PROPERTY LINE AND THEN IT SLOPES DOWN PRETTY FAST.

I UNDERSTAND THAT.

CORRECT.

BUT WITH THAT SHED SIZE AND ALL THAT, THAT WOULD STILL BE ON THE FLAT PART BEFORE THE SLOPE, COULDN'T IT BE THE, THE SLOPE? SO WE MEASURED IT OUT AND IT'S LIKE 12 AND A HALF FEET FROM THE, IF YOU, IF YOU TAKE A STRAIGHT LINE FROM THE BACK OF OUR HOUSE, IT'S LIKE 12 AND A HALF FEET.

SO I WAS WORRIED THAT THE, YOU KNOW, RAIN WA WA RAIN RUNOFF WOULD A ERODE THE, THE FOUNDATION OF THAT AND THEN I'D BE IN A BIG PROBLEM.

YEAH.

I, I DIDN'T HAVE A TAPE MEASURE OR NOTHING LIKE THAT, BUT YOU KNOW, WE MEASURED, I DID STEP ABOUT 20 FEET, YOU KNOW, MY FEET ARE ABOUT 12 INCHES, SO THE, THE HOUSE KIND OF SITS AT AN ANGLE.

SO IT ALL DEPENDS ON WHERE YOU STARTED FROM.

IT'S HARD TO EYEBALL.

I DID THE IMAGINARY LINE STRAIGHT DOWN THE BACK OF YOUR PROPERTY.

OF YOUR HOUSE.

YEAH.

THEN I WENT FROM THERE TO THE EDGE OF WHERE THE HILL DOES START, YOU KNOW, AND I WAS MEASURING THERE BECAUSE WHAT SIZE IS YOUR SHED RIGHT NOW? 12 BY 12.

OKAY.

CAUSE I, I WAS FIGURED 20 FEET.

SO EVEN 20 OR THE 12 FEET INSIDE THAT 20 FEET WINDOW WOULD STILL GIVE YOU ROOM TO PUT ON THE FLAT AREA? WELL, WHEN, WHEN WE MEASURED IT OUT, IT WAS ONLY LIKE 12 AND A HALF FEET.

OKAY.

THAT'S ALL THE QUESTIONS I HAVE RIGHT NOW.

I AIN'T LOST WHAT I WAS GONNA ASK.

SO ANY OTHER QUESTIONS? SINCE THERE'S NO QUESTIONS, WE ARE GONNA CLOSE THE CASE AND GO THROUGH THE VARIANCE.

OKAY.

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.

SECRETARY, TAKE, TAKE THE VOTE PLEASE.

MR. DEAN? YES.

MR. SCHAFFER? YES.

MR. DAVIDSON? YES.

MS. NEWBY? YES.

WERE THE VARIANCE OF SUBSTANTIAL MR. SCHAFFER? NO.

MR. DAVIDSON? NO.

MR. DEAN? NO.

MISS NEWBY? NO.

WHETHER THE CENTRAL CHARACTERISTIC OF THE NEIGHBORHOOD WOULD BE SUBSTANTIAL, ALTERED, OR WHETHER AUR PROPERTY WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE? MADAM SECRETARY MR. DAVIDSON? YES.

MR. DEAN? YES.

MR. SCHAFFER? YES.

MR. NEWBY? YES.

[00:30:01]

WHERE THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL BY MR. DEAN? MR. NO.

MR. SCHAFFER? NO.

MR. DAVIDSON? NO.

MISS NEWBY? NO.

WHERE THE PROPERTY OWNER APPROACHED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION? MR. SCHAFFER? YES.

MR. DAVIDSON? YES.

MR. DEAN? YES.

MISS NEWBY? YES.

WHERE THE PROPERTY OWNERS PREDICAMENT FEASIBLY CAN BE AVERTED THROUGH SOME OTHER METHOD OTHER THAN A VARIANCE.

MR. DAVIDSON? YES.

MR. DEAN? YES.

MR. SCHAFFER? YES.

MR. NEWBY? YES.

WHERE THE SPIRIT AND ATTEMPT BEHIND THE ZONING REQUIREMENTS WOULD BE OBSERVED OR SUBSTANTIAL JUSTICE DONE BY GRANTING THE VERS MR. DEAN? YES.

MR. SHAFER? NO.

MR. DAVIDSON? NO.

MISS NEWBY? NO.

MAY I HAVE A MOTION TO APPROVE THE VARIANCE FOR BZ BZ? UM, CASE 20 22 17.

I'LL MAKE A MOTION TO, UH, APPROVE CASE BZ 2217.

COULD I HAVE A SECOND? I'LL SECOND.

IT'S BEEN MOVED BY MR. SHAER AND SECOND ABOUT MR. DEAN THAT BCA CASED 2217 BE APPROVED.

IS THERE A QUESTION ON THE MOTION? NO QUESTION ON THE MOTION.

MAY I VOTE PLEASE? MR. DAVIDSON? NO.

MR. DEAN? NO.

MR. SCHAFFER? NO.

MR. NEWBY? NO.

YOU FAIL AS OF THIS, THIS POINT.

IT, IT, YOUR REQUEST HAS FAILED FOUR TO ZERO.

IF YOU HAVE ANY ADDITIONAL QUESTIONS YOU CAN GET WITH THE STAFF PERSON.

OKAY? ONCE I GET THESE PAPERS TOGETHER, WE, OKAY, I GOT IT.

THIS ONE RIGHT HERE? YEP.

OKAY.

THE NEXT CASE IS BGA CASE 2218.

THE APPLICANT JULIE HOLMES IS REQUESTING OF VARIOUS FROM SECTION 1180 1.0 4.3.

PROJECTION PROPERTY IS LOCATED AT 61 85 PINE POINT PLACE.

DONE? YES MA'AM.

AND THE APPLICANT IS REQUESTING A VARIANCE OF THE CITY OF HUB RIDE ZONING CODE PERTAINING TO THE REQUIRED SEPARATION FROM THE PROPERTY LINE FOR A PATIO COVER.

THE PROPERTY OWNER WISHES TO INSTALL A PATIO COVER ON THE WEST SIDE OF THE HOUSE TO COVER AN EXISTING PATIO.

THE EXISTING PATIO COMES TO A THIN, ABOUT ONE FOOT OF THE FENCE OR PROPERTY LINE.

SO COVERING THE PATIO WOULD BRING THE COVER TO WITHIN THE SAME PROXIMITY TO THE PROPERTY LINE.

THE INTENT IS TO ALLOW COVERAGE OF THE ENTIRE PATIO BY A 12 FOOT BY 29 FOOT ALUMINUM COVER SECTION 1180 1.04 E OF THE ZONING CODE.

STATES QUOTE, A PATIO COVER OR PORCH SHALL NOT PROJECT INTO THE SIDE OR REAR YARD.

MORE THAN 16 FEET FROM THE BILL LINE OF THE DWELLING PROVIDED DOES NOT COME NEARER TO THE SIDE OR REAR LOT LINE THAN FIVE FEET.

IN ANY CASE, THE PATIO COVER OR PORCH SHALL NOT BE CONSTRUCTED CLOSER THAN 25 FEET FROM MANY THOROUGH FAR ROAD OR STREET.

THEREFORE, THE APPLICANT REQUIRES A VARIANCE IN ORDER TO INSTALL THE PROPOSED COVER.

THE LOT IS APPROXIMATELY 0.2 ACRES.

THERE IS A SHARED 10 FOOT EASEMENT ALONG THE WEST PROPERTY LINE FIVE FEET ON EACH PROPERTY.

NO CITY UTILITIES LIE WITHIN THIS EASEMENT.

THE STRUCTURE IS ASIDE.

PATIO COVER WE PLACE ON THE LEFT OR WEST SIDE OF THE HOUSE.

UH, ENGINEERING HAS NO CONCERN ABOUT THIS INSTALLATION.

I'LL BE HAPPY TO ANSWER ANY QUESTIONS I CAN DO.

ANY BOARD MEMBER HAVE ANY QUESTIONS FOR THE STAFF MEMBER IS THE APPLICANT, WOULD THE APPLICANT WISH TO SPEAK? STATE YOUR NAME AND SPELL IT.

UH, MY NAME IS JULIE HOLMES.

H O L M E S.

OKAY.

OKAY.

MS. HOLMES, UH, I'M NOT SURE IF THE PICTURE IS IN THE FILE ANYWHERE THAT WOULD SHOW FROM THE BACKYARD BETTER VIEW OF THE PATIO ALONG THE SIDE OF THE HOUSE.

UH, FROM THAT

[00:35:01]

WOULD BE FROM THE BACKYARD.

NO, I'M JUST, IT'S NOT IN THERE.

OKAY.

UM, OUR BACKYARD CANNOT BE ACCESSED EXCEPT FROM THE SIDE OF THE HOUSE.

EXCUSE ME.

THERE'S NO, UH, ACCESS TO THE BACKYARD FROM THE BACK OF THE HOUSE.

WE'D BE GOING OUT THE BEDROOM DOORS.

SO FROM OUR LIVING AREA TO THE OUTSIDE AREA WHERE YOU HAVE A GRILL AND YOU KNOW, TABLE THAT SORT OF THING IS ON THE LEFT HAND SIDE.

IT'S ACTUALLY OUR BACKYARD IS ON THE SIDE OF THE HOUSE.

, I DUNNO HOW TO EXPLAIN IT OTHER THAN THAT.

UM, THERE IS, IF I CAN SHARE A PHOTO.

OKAY.

WAS IT? THANK YOU.

IT'S, IT'S VERY HARD TO EXPLAIN.

OUR BACK DOOR IS ON THE SIDE OF THE HOUSE, WHICH IS WHERE THE PATIO IS AND WE'D LIKE TO COVER IT.

DOES THAT MAKE A LITTLE MORE SENSE SEEING THE PICTURE? MM-HMM.

.

OKAY.

THANK YOU.

THANK YOU.

I UNDERSTAND THAT IT WOULD, UM, ACTUALLY COME TOO CLOSE TO THE PROPERTY LINE WHERE THE FENCE ALREADY IS.

THE PATIO IS, WE ARE NOT LOOKING TO PUT IN ANY KIND OF A PERMANENT PATIO COVER.

NOTHING THAT COULD BE CONVERTED TO A PERMANENT PATIO ENCLOSURE.

IT'S JUST A SIMPLE PATIO AWNING.

EXCUSE ME, I'M CONFUSED.

YOU'RE REFERRING TO AS THIS, AS A NOT A PERMANENT PATIO COVER.

I MIGHT BE USING DIFFERENT TERMINOLOGY THAN IT WILL BE ATTACHED TO THE HOUSE WITH THE POST GOING INTO THE GROUND.

THAT'S A PERMANENT PATIO AREA.

OKAY.

I'M SORRY.

THAT'S FINE.

NO PROBLEMS. NO, NOT INSULATED.

THAT COULD THEN BE CONVERTED TO A UNDERSTOOD AND ENCLOSED THREE SEASON ROOM.

THANK YOU.

THAT WOULD'VE BE DIFFERENT.

SO ANYONE HAS ANY QUESTIONS FOR THE APPLICANT? SO THE, COULD THIS BE CLASSIFIED AS A CAR PA A PATIO THEN IF THIS WAS THAT CASE? I'M SORRY, SAY THAT AGAIN.

COULD THIS BE CLASSIFIED AS A CAR PATIO SINCE IT'S ON THAT HOUSE? NO, BECAUSE YOU CAN'T KNOW.

ONCE YOU IDENTIFY THIS AS A PATIO COVER, THE CODE PROHIBITS PARKING UNDERNEATH THE PATIO COVER ON A SLAB.

OKAY.

DO ANYBODY ELSE HAS ANY QUESTIONS MADAM? I, I DO.

UM, BECAUSE I HAVE TWO QUESTIONS.

ARE YOU PLANNING ON PUTTING GUTTERS AROUND IT? YES, IT DOES COME WITH GUTTERS.

OKAY.

THAT THEN I DON'T HAVE ANY OTHER QUESTIONS.

DO YOU HAVE ANY MM-HMM.

ANY QUESTIONS? SINCE WE DON'T HAVE ANY ADDITIONAL QUESTIONS, WE'LL GO AHEAD AND CLOSE THE CASE AND START READING A VARIANCE.

THANK YOU, MA'AM.

THANK YOU.

OKAY.

WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE TURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE MATTER OF SECRETARY.

MR. SCHAFFER? YES.

MR. DAVIDSON? YES.

MR. DEAN? YES.

MISS NEWBY? YES.

WHERE THE VARIANCE IS SUBSTANTIAL.

MR. DAVIDSON? NO.

MR. DEAN? NO.

MR. SCHAFFER? NO.

MISS NEWBY? NO.

WHETHER CENTRAL CHARACTERISTIC OF NEIGHBORHOOD WILL BE SUBSTANTIAL ALTER, UH, WHETHER ADJOURN A DRAWING PROPERTY WILL SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.

MR. DEAN? NO.

MR. SCHAFFER? YES.

MR. DAVIDSON? YES.

MISS NEWBY? YES.

WHETHER VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL.

MR. SCHAFFER? NO.

MR. DAVIDSON? NO.

MR. DEAN? NO.

MR. NEWBY? NO.

WHETHER THE PROPERTY OWNER APPROACHED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS? MR. DAVIDSON? YES.

MR. DEAN? YES.

MR. SCHAFFER? YES.

MISS NEWBY? YES.

WHERE THE PROPERTY OWNERS PREDICAMENT FEASIBLY CAN BE VERY THROUGH SOME OTHER METH, SOME OTHER METHOD THAN A, THAN A VARIANCE.

MR. DEAN? YES.

MR. SCHAFFER? YES.

MR. DAVIDSON? YES.

MISS NEWBY? YES.

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

MR. SCHAFFER? YES.

MR. DAVIDSON? YES.

MR. DEAN? YES.

MISS NEWBY? YES.

OKAY.

MAY I HAVE A MOTION TO APPROVE THE VARIANCE FOR THIS CASE? MAKE A MOTION AND APPROVE THE BZA CASE 22 DASH 18.

I HAVE A SECOND.

I'LL SECOND.

IT'S BEEN MOVED BY MR. DAVIDSON OR SECOND

[00:40:01]

BY MR. SCHAFFER.

IS THERE A QUESTION ON THE, ON THE MOTION SEEING NO QUESTION ON OR HEARING? NO QUESTION ON THE MOTION.

MAY I HAVE A VOTE PLEASE? MR. DEAN? NO.

MR. SCHAFFER? YES.

MR. DAVIDSON? NO.

MS. S NEWBY? YES.

TWO.

TWO TO TWO RECEIVED AS A FAILED MOTION.

OKAY.

SINCE IT'S TO THE FULL IT, IT IS RECEIVED AS A FAIL MOTION.

SO YOUR, YOUR REQUEST HAS NOT BEEN, IS NOT GOING TO BE GRANTED THAT PRESIDENT.

I'D LIKE TO MAKE A MOTION THAT WE HAVE THIS CASE RETURNED FOR NEXT MONTH WHEN WE HAVE FIVE MEMBERS AND THE TIE CAN BE BROKE.

DO WE HAVE A SECOND ON THAT? AND SECOND.

OKAY.

IT'S BEEN MOVED BY MR. SHAFER A SECOND BY MR. DAVIS THAT WE, UH, TABLED THIS CASE UNTIL NEXT MONTH, DECEMBER, WHERE WE HAVE ALL THE MEMBERS PRESENT TO EITHER SEE WHICH WAY EITHER IT'S GONNA BREAK THE TIE OR IT'S GOING TO STAND THAT THE MOTION THAT WAS HELD TONIGHT WILL STAND.

UH, MA'AM, CHAIRMAN, A QUESTION FROM STAFF.

IF NEXT MONTH AS WE APPROACH THE DATE OF THE SCHEDULED MEETING, SHOULD WE FIND OUT THAT PERHAPS ANOTHER MEMBER IS NOT ABLE TO ATTEND HOLIDAYS OR COME IN, ET CETERA, ARE, IS THAT, THAT THIS BOARD'S INTENT TO NOT RESCHEDULE A HEARING UNTIL WE KNOW FOR CERTAIN THAT WE'VE RECEIVED A DEFERMENT OF RESPONSE THAT EVERYONE WILL BE HERE? THAT MAKES SENSE.

OKAY.

I AGREE.

THANK YOU.

SO WE, WE'LL PUT THAT IN THE RECORD THAT WE WILL NOT HEAR THIS CASE.

WE SAYING NEXT MONTH, DECEMBER THE, WELL THIS IS THE SEC, THE SEVENTH, BUT WE GONNA ENSURE THAT WE DON'T HAVE THE ADEQUATE STAFF, THE FULL STAFF ON DECEMBER 7TH THAT WE WOULD PUT THIS CASE ON HOLD UNTIL WE HAVE THE FULL BOARD HERE.

THANK YOU.

OKAY.

ANY QUESTIONS ON THAT? EVERYONE AGREE? MM-HMM.

.

OKAY.

I HAVE TO TAKE A NOTE ON THE, OKAY.

SO WE ARE GONNA TAKE A VOTE ON THE TABLE OF THE MOTION THAT MR. SCHAFFER BROUGHT TO THE TABLE.

SO, ALL RIGHT.

MR. DAVIDSON? YES.

MR. DEAN? YES.

MR. SCHAFFER? YES.

AND MS. NEWBY? YES.

SO YOU'VE HEARD WHAT THE BOARD CAME UP WITH.

UM, WE MIGHT SEE YOU IN DECEMBER IF WE GOT A FULL BOARD, BUT WILL THE STAFF WILL LET YOU KNOW, WILL KEEP YOU ABREAST OF WHEN THE WHOLE MEMBERS OF THE BOARD THIS YEAR AND WE'LL COME BACK AND WE RELOOK AT THIS CASE.

MADAM CHAIR, CAN I ADD ONE MORE THING TO THAT? CAN YOU GET SOME DRAWINGS OF WHAT YOU HAVE IN MIND AND PLAN FOR THE PATIO, YOU KNOW? YEAH.

MORE OFFICIAL DRAWINGS.

SO US AND I'LL GET YOUR SORRY ABOUT THAT.

.

YEAH, CUZ I THINK YOU STATED LIKE A METAL PATIO COVER, YOU KNOW, NOT WOOD OR ANY ROOF LINE OR ANYTHING LIKE THAT.

THAT'S WHY I WAS KIND OF JUST SEEING THE FINISH PRODUCT OF IT, YOU KNOW, UH, YOUR BASIC ARISTOCRAT ALUMINUM ON HIM.

YEAH.

IF YOU CAN GET LIKE A PAMPHLET OR SOMETHING LIKE THAT THAT SHOWS, UH, YOU KNOW, THAT'S WHAT I'M JUST CURIOUS WHAT IT WOULD LOOK LIKE, YOU KNOW, FOR THE, THE NEIGHBORHOOD.

YEAH.

IF YOU WANT TO PUT THAT FOR THE NEXT, NEXT TIME.

YEAH.

OKAY.

WELL THANK YOU MA'AM.

THANK YOU.

OKAY.

WERE THERE ANY ADDITIONAL BUSINESS? MM-HMM.

, IF THERE'S NONE, THE NEXT UPCOMING MEETING IS DECEMBER THE SEVENTH, 2022.

COULD I HAVE A MOTION TO ADJOURN? I'LL MAKE A MOTION.

WE ADJOURN A SECOND.

UH, I DO HAVE

[00:45:01]

UPCOMING.

OH, OKAY.

I'M SORRY.

STUFF HERE.

UM, WHAT DOES THE BOARD THINK ABOUT CHANGING THE TIME, THE SIX O'CLOCK INSTEAD OF SIX 30? SO WHEN WE, UM, AT THE END OF DECEMBER, I DO THE CALENDAR FOR NEXT YEAR.

UM, I WAS GOING TO APPROACH THAT MYSELF ASKING IF YOU WANTED TO CHANGE THE TIME TO SIX BEFORE I DID THAT NEXT YEAR'S CALENDAR? DEPENDS, BUT WE DON'T HAVE EVERYBODY HERE.

YOU KNOW, I DON'T HAVE NO PROBLEM WITH ANYBODY.

GOT A PROBLEM.

YOU DON'T HAVE A PROBLEM WITH GETTING HERE THAT EARLY.

SO I WANNA CHECK WITH MR. MOCK TO MAKE SURE THAT THERE'S NOT A WORK THING OR SOMETHING THAT WOULD PROHIBIT HIM FROM BEING HERE.

IF HE DOESN'T HAVE A PROBLEM WITH IT, THEN WE CAN MOVE THIS TO SIX.

OKAY.

WE JUST HAVE TO, UM, GO BEFORE AS WE ADVERTISE THE SCHEDULE SHOWING THAT IT'S SIX.

OKAY, NO PROBLEM.

SO DISCUSSION? YEP.

ANOTHER THING I WANTED TO BRING UP IS, AS MR. MALLARD SAID, A LOT OF TIME THE DECEMBER ONE IS CANCELED BECAUSE OF THE HOLIDAYS, BUT YOU GUYS HAVE IT EARLY IN THE MONTH.

I REALLY DON'T SEE THAT AFFECTING HOLIDAYS UNLESS IF WE HEAR SOME OF YOU'RE GONNA BE ON A VACATION OR FAMILY IN THAT KIND OF THING, WE WOULDN'T WANT TO HAVE A MEETING WITHOUT ALL OF YOU.

ESPECIALLY WITH THIS PARTICULAR CASE.

MM-HMM.

, THE OTHER THING IS I DON'T THINK WE HAVE ANY OTHER CASES IN RIGHT NOW.

SO IF IT WASN'T FOR HER, WE PROBABLY WOULD CANCEL THE DECEMBER ONE.

BUT I THINK SINCE WE'RE GOING TO HAVE HER COME BACK, THE DECEMBER ONE SHOULD MOVE FORWARD.

OKAY.

OKAY.

SOUNDS GOOD TO ME.

FINE.

THAT SOUNDS GOOD.

QUICK NOTES ON THAT.

YEAH.

MAKING NOTES SO WE CAN OKAY.

WERE YOU, I I WILL JUST HAVE COME BACK FROM MY CRUISE TO THE SOUTHERN CARIBBEAN, SO I TO BE A REAL GOOD MOVE, I'M GOING TO UH, ST.

KITS ANTIGUA, BARBADOS.

WELL, I'VE BEEN THERE, I'VE BEEN ALL THEM PLACES.

NEED SOMEBODY GO WITH YOU TOO? I'VE BEEN ALL THAT.

THAT'S GONNA BE A NICE ONE.

OKAY.

CAN I HAVE A MOTION TO ADJOURN THE MEETING? MOTION TO ADJOURN PLEASE.

IT BEEN, CAN I GET A SECOND? SECOND.

IT'S BEEN MOVED BY MR. SHAFER AND SECOND BY MR. DAVIS THAT THE MEETING IS ADJOURNED EVERY TIME I BACK.