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RIGHT.[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road March 1, 2023 6:00 P.M.]
SHOULD CALL THE MEETING OF THE CITY OF HI BEHALF.MADAM SECRETARY, WILL YOU CALL THE ROLL PLEASE? MR. DAVIDSON? HERE.
WE WILL FOLLOW THE AGENDA AS WRITTEN FOR MARCH 1ST, 2023.
UM, THE PROOF OF MINUTES, WE HAVE ONE SET OF MINUTES FROM JANUARY 4TH, 2023 MEETING IF THERE ARE ANY COMMENTS, ARE THERE ANY COMMENTS OR CORRECTIONS ON THE MINUTES? IF THERE IS NO COMMENTS OR CORRECTION ON THE MINUTES, THE MINUTES WILL STAND.
NEXT ON AGENDA IS TO APPROVE OF AGENDA.
MAY I HAVE A MOTION TO APPROVE AGENDA? I MAKE A MOTION TO APPROVE AGENDA FOR MARCH 1ST, 2023.
AND SECOND THAT THE MINUTES FOR THIS EVENING, MARCH 23, HAVE BEEN APPROVED.
ANY QUESTIONS ON THEM? OKAY, WE'LL MOVE ON.
NEXT ON THE AGENDA, SWEARING THE WITNESSES IN ACCORDANCE WITH THE RULES OF THE BOARD OF THE 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, RESPOND I DO.
TO THE FOLLOWING OATH, IF YOU PLAN TO COME UP TO THE PODIUM AND SPEAK, I NEED YOU TO STAND.
DO YOU HEAR BY SWEAR OR AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER A CASE REVIEW AND THE STAFF GIVES THIS REPORT, PLEASE STEP UP TO THE PODIUM.
STATE AND SPELL YOUR NAME FOR THE RECORD AND PLACE YOUR NAME ON A, ON THE, ON THE SIGN IS SHEET THAT'S ON THE PODIUM.
SINCE WE DON'T HAVE, DON'T HAVE ANY OLD BUSINESS THIS EVENING, WE WILL PROCEED TO THE NEW BUSINESS.
UM, THE NEW BUSINESS IS B Z A CASE 2302.
THE APPLICANT CURTIS THOMAS, IT'S REQUESTING OF VARIANCE FROM SECTION 1190 1.01.
LOCATION SHED PROPERTY IS LOCATED 62 14 OAK RIDGE DRIVE.
DON, CAN YOU READ THE STAFF REPORT PLEASE? YES, MA'AM.
UM, THE APPLICANT HAS STATED IT'S REQUESTING A VARIANCE OF THE CITY OF BARRETT ZONING CODE PERTAINING TO THE REQUIRED SETBACK FROM THE PROPERTY LINE FOR AN ACCESSORY BUILDING SECTION 1190 1.01 STATES QUOTE, IN ANY R B A P THROUGH PD OR I DISTRICT, AN 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 LOCK LINES.
IN ORDER FOR ANY STRUCTURE TO BE CLASSIFIED AS AN ACCESSORY BUILDING, IT SHALL BE AT LEAST FIVE FEET FROM ANY PERMANENT STRUCTURE.
IN MAY OF 2021, AN OFFICER OBSERVED THE BUILDING INSTALLED, BUT NO PERMIT HAD BEEN APPLIED FOR.
THE APPROPRIATE ACTION WAS TAKEN BY STAFF AS ILLUSTRATED IN YOUR PACKET.
A DECISION ON THIS VARIANCE IS NEEDED BEFORE A FINAL DISPOSITION OF THE COURT CASE IS DECIDED.
IN A JUDGE COX'S COURTROOM ON MARCH 16TH, 2023 IN EASTERN DIVISIONAL MUNICIPAL COURT, THE APPLICANT PROPERTY OWNER WISHES TO LEAVE THE BUILDING AS IT SETS ONE AND A HALF FEET FROM THE REAR PROPERTY LINE.
THEREFORE, THE APPLICANT REQUIRES A VARIANCE.
STAFF ANALYSIS IS AS FOLLOWS, LAWS APPROXIMATELY 3.32 ACRES.
THERE IS A 10 FOOT EASEMENT ALONG THE EAST OR REAR PROPERTY LINE, AS WELL AS A FIVE FOOT EASEMENT ALONG THE NORTH PROPERTY LINE.
THE STRUCTURE IS A STORAGE BUILDING PLACEMENT OF THE STRUCTURE ALONG THE EAST OR REAR PROPERTY LINE.
ENGINEERING NOTES ARE, THERE IS A CITY EASEMENT ALONG THE REAR PROPERTY LINE CONTAINING A CITY STORM WATER LINE.
IF EXCAVATION WERE TO BE NEEDED TO REPAIR THE STORM SEWER, THE BUILDING WOULD BE REMOVED BY THE EXCAVATOR IF NEEDED, AND NOT REPLACED OR REPAIRED AS AS NORMAL ANY STRUCTURE PLACED WITHIN AN EASEMENT, THE OWNER OF THAT STRUCTURE IS AT RISK FOR NEEDING TO BE REMOVED.
IF YOU HAVE ANY QUESTIONS, I'LL TRY TO ANSWER.
DO ANY OF THE MEMBERS HAVE QUESTIONS FOR THE STAFF? F SINCE THERE'S NO QUESTIONS FROM THE STAFF, UH, IS THERE ANYONE FROM ON BEHALF OF, UM, THIS APPLICANT IS ANYONE FROM WANNA COME UP AND SPEAK? UH, YEAH, I'M AGREEING WITH WHAT HE WAS SAYING AS FAR AS, FIRST OF ALL, I NEED, UM, IF YOU COULD JUST STATE, STATE
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YOUR NAME AND SPELL IT FOR THE RECORD.AND THEN I NEED YOU TO SIGN, THERE'S A PIECE OF PAPER ON THERE.
WELL, BASICALLY, UM, KIND OF WHAT HE WAS SAYING AS FAR AS MOVING THE SHED, WHEN I INITIALLY HAD THE SHED INSTALL, I DIDN'T HAVE A POOL.
JUST WASN'T THINKING ABOUT IT.
BUT HOWEVER, WHEN WE BUILT THE SWIMMING POOL, WE WERE TOLD THAT WE HAD TO, UM, DO A RETAINING WALL IN ORDER FOR THE STORM DRAINAGE, WHICH WAS SOMETHING THAT WASN'T INITIALLY GIVEN TO ME BY THE POOL.
UH, THE PEOPLE WHO WERE ACTUALLY BUILDING THE UNDERGROUND POOL.
SO WHEN THEY CAME IN, THEY SAID WE HAD TO DO THE RETAINING WALL AND WE HAD TO REMOVE THE SHED.
SO, UM, SO WE REMOVED THE SH SHED AND WE POSITIONED IT AT A DIFFERENT WAY.
UH, THE INSPECTOR CAME OUT, UH, AND TOLD ME THAT HE NEEDED ME TO MOVE IT UP A LITTLE BIT.
I DID MOVE IT UP AS MUCH AS I COULD.
THE EASEMENT IS KIND OF LIKE ON A HILL AS FAR AS THE STORM DRAINAGE.
AND IN ORDER FOR ME TO MOVE IT ANY FURTHER, IT WILL ACTUALLY BE ON THE HILL AND THE SHED WILL HAVE NO VALUE.
ANYONE HAS ANY QUESTIONS FOR, FOR MR. THOMAS? OKAY.
I'D LIKE TO SAY ONE OTHER THING IF I CAN.
SO AS FAR AS THE SHED, THE SHED IS A CUSTOM-BUILT SHED, YOU KNOW, FROM AMISH.
IT'S NOT ONE OF THOSE, YOU KNOW, HOME DEPOT TYPE SHEDS.
I HAD IT BUILT, I SUBMITTED PICTURES OF THE SHED THAT HAS ROOFING, SAME AS THE HOME, SAME INTERIOR, EXTERIOR OF THE HOME.
SO IT'S NOT A, YOU KNOW, A WINKY DINK SHED THAT BLOWS AWAY.
SO, UH, YOU KNOW, WHEN MY WIFE AND I, WE DECIDED TO DO THE SHED, WE WANTED TO DO SOMETHING THAT ACTUALLY MATCHED THE PROPERTY OF THE HOME SO IT WOULDN'T BE A EYESORE.
AND I SUBMITTED PICTURES OF THE SHED SO YOU GUYS CAN SEE THAT IT MATCHES THE HOME AND EVERYTHING.
CAUSE I TOOK TIME AND I INVESTED A LOT OF MONEY, NOT JUST IN THE SHED, BUT IN REGARDS TO THE RETAINING WALL THAT I WASN'T EXPECTING.
SO, COULD I ASK YOU A QUESTION, MR. THOMAS? SURE.
THE INSPECTOR CAME OUT AND SAID THAT.
WHY DIDN'T YOU, AT THAT TIME, THAT'S ALMOST, WHAT, TWO YEARS, THREE YEARS, COME AND GET THE NECESSARY PAPERWORK THEN? WELL, ACTUALLY, WHEN HE INITIALLY TALKED TO ME AND I, WELL WE INITIALLY SPOKE, I WAS DEALING WITH MY UNCLE WHO CAME IN FROM CALIFORNIA.
HE HAD COVID AND I HAD TO PUT HIM INTO A, UM, ASSISTANT FACILITY, UH, LIVING FACILITY.
AND THEN I HAD TO REMOVE HIM FROM THE FACILITY.
YOU CAN VERIFY I HAD TO CROSSROAD NURSING HOME.
UH, THEN I HAD TO SUBMIT HIM THERE INTO THE ACTUAL UNIT, I MEAN TO THE NURSING HOME.
THEN RIGHT AFTER THAT HE GOES INTO HOSPICE FOR DEMENTIA.
SO HE'S BEEN DEALING WITH, YOU KNOW, AS FAR AS OVER A YEAR OR SO WITH DEMENTIA, HE'S STILL IN HOSPICE AND TIME JUST GETS PAST YOU WHEN YOU WORKING.
YOU HAVE OTHER THINGS GOING ON.
AND HONESTLY, THE, SHE WASN'T A PRIORITY FOR ME.
I HAD OTHER THINGS THAT SEEMED MORE IMPORTANT AT THE TIME.
SO, UM, WHEN I WAS SERVED AT THAT POINT, CLEARLY IT BECOMES VERY IMPORTANT TO YOU.
SO YOU HAVE A TENDENCY TO PUT THINGS RIGHT IN FRONT OF YOU AT THE TIME.
AND WHEN I WAS SERVED AND TOLD THAT I HAD A COURT DATE, AND HONESTLY I HAD COMPLETELY FORGOT ALL ABOUT IT.
AND THEN WHEN I GOT THIS COURT DATE, MY WIFE'S LIKE, WHAT IS THIS ABOUT? I'M LIKE, IT'S ABOUT THE SHED.
AND THEN AT THAT POINT I CAME IN, I SPOKE TO THE, UH, THE JUDGE AND YOU KNOW, HE GAVE ME INSTRUCTIONS ON WHAT I SHOULD DO.
AND THEN I CAME IN AND I WENT TO THE CITY.
I GOT THE INFORMATION REQUIRED, FILED FOR IT, TOOK SOME PICTURES AND GAVE THEM AND SET UP FOR THIS DATE.
ANYONE HAVE ANY QUESTIONS FOR THAT? THE APPLICANT? MADAM CHAIR? I DO.
UH, JUST TO CLARIFY, JUST TO CLARIFY YOUR STATEMENT.
YOU SAID YOU HADN'T SHED IN THERE BEFORE THAT SWIMMING POOL WENT IN THERE? THAT IS CORRECT.
AND IT WAS OFF THE PROPERTY LINE AT THAT TIME? IT WAS THE FIVE FOOT, OR I'M NOT SURE EXACTLY WHERE IT WAS LOCATED, UH, AS FAR AS IT, YOU KNOW, THE ACTUAL, BUT IT WAS MOVED CLOSER UP, BUT IT WAS ON THE SIDE.
I DON'T THINK IT, TO BE QUITE HONEST WITH YOU, I DON'T THINK IT WAS AT WITHIN THE FIVE FEET ANYWAY.
IT MIGHT HAVE BEEN MAYBE A FOOT OR SO CLOSER, BUT, BUT IT WAS FACING THIS WAY TOWARDS THE STREET.
AND THEN I MOVED IT AROUND TO FACE IT TOWARDS THE HOME.
BUT I DON'T THINK, IN FAIRNESS, I DON'T THINK IT WAS, YOU KNOW, WITHIN THE, IT PROBABLY WOULD'VE BEEN A ZONING VIOLATION EVEN AT THAT POINT.
DO YOU KNOW WHEN THE SHED WAS INSTALLED FIRST? UH, IT MIGHT HAVE BEEN MAYBE SIX MONTHS BEFORE I INSTALLED THE POOL.
AND THE POOL WAS NEVER EVEN SOMETHING THAT WE WERE GOING TO DO.
UH, MY WIFE AND I, WE NORMALLY TRAVEL FOR
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THE SUMMER AND WHEN COVID CAME, CAN'T GO ANYWHERE.SO I, UM, HAD A FRIEND WHO DOES POOLS AND WE WERE JUST TALKING ABOUT, YOU KNOW, DOING SOMETHING.
SO I TOLD MY WIFE, I SAID, WELL, IF YOU'RE HERE AND I'M HERE AND WE'RE STUCK, WE MIGHT AS WELL JUST, YOU KNOW, DO A POOL OR SOMETHING.
WE ENDED UP INSTALLING THE POOL.
IT, IT TURNED OUT TO BE A LOT MORE THAN WHAT I EXPECTED, BUT AT THE END OF THE DAY WE STILL FINISHED IT AND I THOUGHT IT CAME OUT PRETTY NICE, YOU KNOW, SO.
AND WHEN WAS THE POOL INSTALLED THEN? THE POOL WAS INSTALLED? I THINK IT MIGHT HAVE BEEN 21 RIGHT AROUND THE SAME TIME.
I THINK IT WAS FINISHED SEPTEMBER OF 21.
YEAH, IT WOULD'VE BEEN SEPTEMBER OF 21.
AND DID I SEE ON THIS APPLICATION IT SAYS IT'S A 15 BY 15 SHIFT, IS THAT CORRECT? UH, I THINK THAT MIGHT BE CORRECT.
SO YOU'RE WIDTH IS THE SAME AS YOUR LENGTH? SO IT'S A SQUARE.
BECAUSE USUALLY SHEDS ARE NOT 15 FOOT WIDE.
THAT'S WHY IT'S, I'M, I'M NOT SURE I, WHEN I JUST, WHEN I GOT THE SHED, I'M NOT SURE, YOU KNOW, I'M NOT A, I DON'T KNOW MUCH ABOUT, I KNOW MATH AND I'M PRETTY GOOD WITH NUMBERS, BUT AS FAR AS THE DIMENSIONS OF SHEDS AND STUFF, THAT'S NOT SOMETHING I TRULY KNOW.
WELL, 15 FOOT IS ALMOST LIKE A, A REGULAR GARAGE.
IT'S NOT, WELL, IT'S NOT A GARAGE.
THAT'S, I, I THINK I MIGHT HAVE GOT THAT FROM MY NEIGHBOR OR SOMETHING OR WHATEVER.
UH, MR. DAVIDSON, UH, TO ANSWER YOUR QUESTION REGARDING MR. SMITH'S OR MR. THOMAS'S POOL, PARDON ME, THAT WAS INSTALLED UH, WITH THE PERMIT IN JULY OF 2020.
AND THERE WERE A RASH OF SWIMMING POOL INSTALLATIONS DURING COVID MORE THAN WE'D EVER SEEN IN A DECADE.
SO IF I STAYED HOME,
BUT I KNOW IT WAS FINISHED IN YEAH, CUZ WE ARE IN 23, SO IT WAS FINISHED IN SEPTEMBER.
CUZ WE, THEY, THEY WERE HAVING ISSUES WITH, UH, LUMBER AND SOME OTHER STUFF.
AS A MATTER OF FACT, THEY WERE HAVING ISSUES WITH DOING A FENCE.
SO WE, MY FRIEND AND I, WE ACTUALLY, LIKE I SAID, I DON'T KNOW MUCH ABOUT FENCING.
SO WE BOUGHT A FENCE ONLINE TO, YOU KNOW, STAY IN COMPLIANCE IN REGARDS TO THE SIX FOOT F AND, AND WENT AND WHEN IT RENTED A, UH, YOU KNOW, BOBCAT AND SOME OTHER THINGS AND IT STARTED, I DIDN'T THINK I COULD DO IT, BUT IT, IT PASSED.
SO, YOU KNOW, SO WE'RE LIKE THAT UH, PERMIT WAS JULY, 2020 FOR THE POOL.
SIX MONTHS BEFORE THAT YOU HAD TO SHED THAT I HAD TO SHED.
SO IT'D BE AROUND THE 2020 TIME.
ANYONE ELSE? MADAM CHAIR? I JUST WANNA MAKE THE, UH, AND MR. CURTIS? YES, SIR.
UH, THE BOARD AWARE MR. CURTIS, YOU'RE, YOU'RE IN, UH, THE OAKS HOMEOWNER'S ASSOCIATION, CORRECT? I'M A MEMBER OF THAT BOARD.
I'M THE HOMEOWNER'S ASSOCIATION.
SO JUST AN EFFORT TO BE FULLY TRANSPARENT.
I JUST WANT EVERYONE TO KNOW THAT.
AND, UH, ASK IF ANYONE HAS ANY CONCERN WITH ME HEARING AND VOTING ON THIS CASE.
WELL, I SPOKE TO SOMEONE FROM A HOMEOWNER'S ASSOCIATION.
UM, I FORGET WHAT HER NAME WAS.
AND, UM, YOU KNOW, WE TALKED AND SHE ACTUALLY TOLD ME SHE WENT BY AND SAW THE SHED CUZ SHE THOUGHT IT WOULD BE A NICE, OR, AND SHE SAW WAS WELL BUILT AND SHE HAD NO PROBLEM WITH IT.
AS A MATTER OF FACT, SHE SAID SHE WOULD SPEAK WITH PEOPLE FROM THE ASSOCIATION ON MY BEHALF.
SO I GUESS YOU'VE ALREADY HAD THAT CONVERSATION WITH HER.
WE'VE, WE'VE TALKED, SO, YEAH, SHE'S THOUGHT IT WAS A REALLY NICE, SHE, SHE SAID, AS A MATTER OF FACT, SHE BUILT ONE LIKE IT HERSELF.
LIKE I SAID, I I DON'T WANT TO MIX THE TWO.
WELL, I DON'T MEAN, I JUST WANTED TO BE TRANSPARENT THERE, THAT RELATIONSHIP.
AND IF ANYBODY HAS CONCERN ABOUT IT, UH, I DON'T, I DON'T HAVE A CONCERN ABOUT ANYTHING.
I, THE, THE, THE BOARD, UH, COMMISSION, IT'S GONNA BE A CONFLICT OF INTEREST.
SO FOR THE RECORD, UM, VERY GOOD.
NOT NOT TO VOTE BECAUSE IT CAN COME BACK.
IF SOMETHING COME UP, IT CAN COME BACK AND SAY THAT THERE WAS A MEMBER ON THE BOARD, YOU KNOW, SO WE WANT TO AVOID CONFLICT OF INTEREST ON THAT MATTER.
ANYONE ELSE WANNA SPEAK FOR ANY ON, ON MS. THOMAS BEHALF? OKAY.
SO AT THIS POINT, IF THERE'S NO MORE QUESTIONS, I'M GONNA CLOSE THE CASE AND READ THE VARIANCES, AND THEN WE'RE GOING TO VOTE INDIVIDUAL FOR EACH VARIANCE THAT IS ON THIS CASE.
AND MR. SCHAFFER, I WILL BE CALLING YOU.
MY VARIANCE FIRST ONE IS WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE.
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SECRETARY, WILL YOU CALL THE ROLL PLEASE? MR. DAVIDSON? YES.WHETHER THE IS SUBSTANTIAL MAY IAM SECRETARY, MR. DEAN? NO.
WHETHER THE CENTRAL CHARACTERISTIC OF THE NEIGHBORHOOD WOULD BE A SUBSTANTIAL ALTER WHETHER ADJOURNING PROPERTY WILL SUFFER FROM A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE, MA'AM? SECRETARY? MR. MOCK? NO.
WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVER? MA'AM? SECRETARY MR. DAVIDSON? YES.
WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION, MA'AM? SECRETARY MR. DEAN? NO.
WHETHER THE PROPERTY OWNER PREDICAMENT PEACEFULLY CAN BE OUT THROUGH OTHER METHOD, THROUGH SOME METHOD OTHER THAN THE VARIANCE.
MA'AM? SECRETARY? MR. MOCK? YES.
WHETHER THE SPIRIT OR INTENT BEHIND THE ZONING REQUIREMENTS WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANT A VARIANCE.
MAY I HAVE A MOTION TO APPROVE THE, THE VARIANCE? I MAKE A MOTION TO APPROVE THE VARIANCE FOR A CASE NUMBER 23 0 2.
IT'S BEEN MOVED BY MR. DANNY, THE SECOND BY MR. DAVIDSON.
IS THERE A QUESTION ON THE MOTION? THERE'S NO QUESTION.
CAN WE HAVE A VOTE? ALL RIGHT.
IT, UM, YOUR REQUEST FAILED THREE TO ONE.
UM, YOU NEED TO TALK TO WHATEVER NE NEXT, NEXT STEPS YOU NEED TO TAKE WITH THE CITY AS FAR AS, AS FAR AS MOVE.
SO JUST WANNA MAKE SURE THE VARIANCE FAIL.
SO WHY, I GUESS I'LL SELL THE HOME.
YEAH, I THINK THAT'S, I THINK THAT'S, YOU KNOW, CAN I JUST SPEAK, SAY A COUPLE THINGS? UM, AS I GO THROUGH THE CITY, UH, IN COOPER HEIGHT, YOU KNOW, I HAVE FIVE OTHER PROPERTIES IN THIS CITY.
YOU KNOW, IT'S NEVER BEEN AN ISSUE.
I HAVE 12 TO 13 OTHER ADDRESSES WHERE THERE'S OTHER VIOLATIONS IN REGARDS TO SHEDS.
I'M NOT HERE TO SAY THAT I'M JUST HERE.
WHEN I PUT THE SHED THERE, I DID EVERYTHING I WAS ASKED TO DO.
I ADMIT I WAS, YOU KNOW, UH, GUILTY OF NOT RESPONDING IN A TIMELY FASHION.
LIFE CAME IN FRONT OF ME AND IT WAS WHAT IT WAS.
BUT AT THE SAME TIME, I HAVE NO PLACE TO PUT THE SHED.
SO, UM, I REALLY NEED TO LEAVE THE SHED AND WHERE IT'S AT, AND YOU GUYS ARE, YOU KNOW, HANDCUFFING ME IN REGARDS TO THE SHED, YOU KNOW, UH, YOU RIDE DOWN, UM, BE ON ROAD, YOU KNOW, THEY'RE BUILDING NEW FACILITIES RIGHT THERE.
AND THERE'S A CLIFF AS FAR AS MOVING DOWN BELL FOUND ROAD.
YOU KNOW, THERE'S NO FENCE OR ANYTHING.
SOMEBODY CAN DRIVE DOWN THAT ROAD AND THAT CAR CAN GO INTO THAT DITCH AND SOMEBODY CAN SERIOUSLY BE KILLED.
AND I, I JUST THINK THAT, YOU KNOW, WE ARE SITTING HERE IN REGARDS TO THE SHED.
I THINK IT'S UNFAIR, YOU KNOW? WELL, MR. THOMAS, YOU KNOW, WE, THOMAS.
UM, YOU HAVE A RIGHT TO FEEL THE WAY THAT YOU DO.
WE FOLLOW EACH CASE IS INDIVIDUAL CASE BY CASE.
AND WE'RE NOT GONNA, UM, AND THIS IS WHAT THE COM UH, WHAT THE COMMISSION DECIDE, THE BOARD DECIDED.
UM, AND YOU HAVE A RIGHT TO THE WAY THAT YOU FEEL.
UM, WE, WE FOLLOW WHAT THE, THE RULES SAY IN, IN, UH, OHIO REVISED CODE.
I'M SAYING THERE'S OTHER SHEDS THAT THEY'VE BEEN REVISED.
I KNOW FOR A FACT, I KNOW I'M NOT THE ONLY ONE WHO'S EVER BEEN IN VIOLATION FOR THIS SHED.
AND I FEEL LIKE THIS IS, YOU KNOW, I'M BEING TARGETED.
I'M, YOU KNOW, AND THAT'S JUST HOW I FEEL.
YOU KNOW, I THINK IT'S UNFORTUNATE AND UNFAIR.
YOU KNOW, WE TALKING ABOUT A SHED, WE'RE NOT TALKING ABOUT, UM, YOU KNOW, A IRON SHED, A $20 SHED WE'RE TALKING ABOUT A SHED THAT
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I SPENT THOUSANDS OF DOLLARS FOR IT AND I SPENT A LOT OF MONEY TO HELP IMPROVE THE PROPERTY.YOU KNOW, AND I DON'T LIVE IN A SLUM AREA.
YOU KNOW, MY HOME IS NOT A, YOU KNOW, AN FOR THE COMMUNITY.
AND THAT WAS ONE OF THE QUESTIONS THAT WAS ASKED IN REGARDS TO THE SHED AS FAR AS THE, YOU KNOW, THE DRAINAGE AREA AND STUFF LIKE THAT.
I THOUGHT THAT WOULD BENEFIT ME AS FAR AS, YOU KNOW, IF SOMETHING HAPPENS, I HAVE NO PROBLEM IF THE CITY NEEDS TO COME IN AND IN REGARDS TO THE DRAINAGE OR WHATEVER, AND THEY HAVE TO TEAR DOWN THE SHED, THAT IS WHAT IT IS.
BUT AS OF NOW, I'M JUST PUT IN A SITUATION WHERE, YOU KNOW, MY HANDS ARE HANDCUFFED.
I DON'T KNOW WHAT TO DO AND I'M JUST ASKING SOME TYPE OF LENIENCY AND, YOU KNOW, AND, AND TO BE FAIR, AND I DON'T THINK THAT'S THE CASE HERE.
OKAY, WELL, EVERYONE HAS A RIGHT TO THEIR OPINION.
AND, UM, WE HAVE MADE OUR DECISION AND CHAIR, CAN I REPLIED TO ANY OF THAT? SURE.
AND, UM, EACH YOU SAY YOU CEASE CH UM, SHARES, NOT THAT YOU DON'T KNOW BECAUSE WE ALL HAVE CASES THAT WE DEAL WITH AND WE DO NOT DISCUSS OTHER CASES.
SO ON THAT PART OF IT, AND NO ONE IS TARGETING, WE JUST ARE FOLLOWING WHAT THE RULES IN THE BOOKS.
I DIDN'T SAY YOU WERE TARGETING ME.
I SAID IT WAS UNFORTUNATE AND UNFAIR.
I SAID THAT THERE WERE OTHER SHEDS IN THE AREA THAT, YOU KNOW, ARE IN VIOLATION AS WELL.
AND I, YOU KNOW, AND THAT'S WHAT I SAID.
I DIDN'T SAY ANYTHING ABOUT YOU TARGETING ME AT ALL.
I DIDN'T SAY, I SAID IT WAS UNFORTUNATE AND UNFAIR, WHICH IS SEPARATE.
YOU KNOW, SO LIKE I SAID, YOU CAN HAVE A RIGHT TO YOUR OPINION, I'M SORRY YOU FEEL THIS WAY, BUT THAT'S THE DECISION.
YOU WANTED TO SAY SOMETHING MR. DAVIDSON.
UH, WHEN I COME UP FROM MY DECISIONS, ONE, YOU HAD THE SHED THERE BEFORE.
THAT WE COULD STRAIGHTEN THAT ISSUE BEFORE EVEN THE POOL OR SOMETHING LIKE THAT.
I, I DID GO OUT AND LOOK YOUR PROPERTY.
I DO SEE WHERE YOUR FENCE ANGLES UP.
SO YOU, YOU STILL HAVE IT, I UNDERSTAND ABOUT THE HILL.
YOU CAN STILL ANGLE THAT SHED UP AWAY FOR, YOU KNOW, THE FOUR MORE FEET.
AND EVEN THOUGH YOU PUT A RETAINING WALL AROUND THE POOL, YOU COULD STILL BUILD UP THE BACK OF THAT SHED SO THAT SHED'S STILL LEVEL WITH YOUR, YOUR HILL.
BUT THEN IF, ACCORDING TO WHAT SHE MENTIONED AS FAR AS THE DRAINAGE, IF I WAS TO MOVE IT UP FOUR MORE FEET, I'M ACTUALLY RIGHT UP A ACROSST RIGHT INTO THE DRAINAGE, WHICH DOESN'T ACTUALLY WORK.
AND THAT WAS ONE OF THE THINGS THAT WAS ONE OF THE REASONS WHY I ASKED FOR, YOU KNOW, SOME ASSISTANCE HERE.
BECAUSE IF YOU LOOK AT THE SHED WHEN YOU MOVE, THE SHED KNOW THERE'S ONLY ONE PLACE YOU CAN MOVE THE SHED TO THE SIDE OF THE HOME, WHICH AT THAT POINT TAKES AWAY FROM THE SHED AND TAKES AWAY.
NO ONE WANTS TO SHED ON THE SIDE OF THEIR HOME.
BUT IF YOU MOVE IT UP FOUR FEET, YOU'RE GOING UP INTO THE HILL.
AND THAT'S WHERE THE DRAINAGE COMES OUT AS FAR AS NOT ONLY THE POOL, BUT THE DRAINAGE ITSELF.
SO THERE'S THAT FOUR FEET THAT YOU'RE TALKING.
AND THAT WAS ONE OF THE THINGS THAT I MENTIONED TO THE, TO THE ZONE PERSON WHEN HE WAS THERE.
HOWEVER, YOU KNOW, HE DIDN'T THINK THAT IT WOULD WORK.
BUT, YOU KNOW, HE DIDN'T SAY THAT, BUT HE KIND OF AGREED.
AND THAT'S, AND THAT'S WHY I DIDN'T MOVE IT, YOU KNOW, AND THEN, LIKE I SAY, THEN THINGS JUST HAPPENED.
AND THEN AT THAT POINT IT JUST, IT WASN'T A PRIORITY.
AND I JUST THINK IT'S UNFORTUNATE THAT, YOU KNOW, THAT WE ARE HERE IN REGARDS TO A SHED.
AND LIKE I SAID, THE OTHER THING I TOOK IN, YOU KNOW, PLACE OF THAT IS THAT WATER LINE THAT'S RIGHT UNDERNEATH THERE.
WE TRY TO KEEP STUFF AWAY FROM BUILDING OR BUILDINGS ON TOP OF THE WATER.
SO IF I MOVE THE SHED, THEN IT'S DIRECTLY ON THE WATER LINE.
IT'S ACTUALLY QUITE THE OPPOSITE.
IF I, IF I MOVE THE SHED, ACCORDING TO WHAT YOU WERE SAYING THERE, IF ON THE HILL THE SEWAGE DRAIN COMES OUT OF THAT HILL, THERE'S A AND YOU CAN SEE RIGHT THERE, IF I MOVE THE SHED UP FURTHER, WE'RE ACTUALLY MOVING IT INTO THE WATER TO THE SEWAGE DRAIN SEWER ACCORDING TO THE, THE, UM, STORM SEWER LINE RUNS ALONG THE REAR PROPERTY LINE.
UH, I BELIEVE THERE'S A CATCH BASIN INVISIBLE IN THE PROPERTY TO THE NORTH.
UM, SO BY, I BELIEVE BY GETTING FIVE FEET OFF OF THE PROPERTY LINE, YOU'RE WELL CLEAR OF THAT STORM SEWER, SIR.
BUT, BUT THERE'S NO INTERFERENCE BY MOVING IT, YOU'RE NOT MOVING IT INTO ANOTHER UTILITY.
YOU'RE MOVING IT FURTHER AWAY FROM THE STORM, UH, SEWER.
THAT'S, THAT'S UNDERGROUND BACK THERE.
BUT IT'S AGAIN, BUT I'M, IN ORDER TO DO THAT, I WOULD HAVE TO ELEVATE THE SHED.
AND THEN MOVE IT UP TO THE HILL.
WHAT THE TRAIN IS, IF, I'M SORRY, I DON'T KNOW WHAT THE TRAIN IS, BUT YES SIR.
THAT'S WHAT WAS, I THINK THOSE ARE WHAT THE NOTES ARE FROM THE INSPECTOR IN HERE.
SO IF YOU LOOK, IF YOU LOOK, IF YOU'RE LOOKING AT THAT, THE, THERE'S A SLOPE IN REGARDS TO IT COMES DOWN.
SO IF I MOVE THE SHED UP, I'M MOVE IT IN THE SLOPE AND I HAVE TO ELEVATE IT AND BRING IT FURTHER INTO THE HILL.
YOU ELEVATE JUST THE BACK AND YOU KEEP THE FRONT THERE.
WE'VE SEEN THAT IT WOULDN'T BE LEVELED.
I, I DID GO OUT THERE AND SEE IT.
I DID SEE YOUR HILL, WHAT YOU'RE TALKING ABOUT THERE.
AND I, AND YOU KNOW, AND THAT WAS ONE OF THE THINGS THAT WHEN THAT CONVERSATION AND THE COM CAME INTO
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PLAY, I ACTUALLY CALLED THE, THE, UH, PEOPLE WHO ACTUALLY SAW THE SHED.AND THEY WERE SAYING THAT, YOU KNOW, IT'S KIND OF DIFFICULT OR WHATEVER, AND YOU KNOW, IT IS WHAT IT IS.
AND I'M JUST SAYING, YOU KNOW, I THINK THAT, YOU KNOW, MAYBE WE CAN REVISIT THIS, YOU KNOW, AND IF NOT, I UNDERSTAND.
I MEAN, I'M, YOU KNOW, BUT AT SOME POINT I JUST THINK IT'S UNFAIR.
MR. THOMAS, AT THIS POINT, THE, THE BOARD HAS MADE THIS DECISION.
AND UM, SO THERE'S NOTHING ELSE TO DO.
YOU CAN TALK TO THE CITY AND FIND IF THERE'S SOMETHING ELSE TO THAT COULD BE DONE.
BUT AT THIS POINT, THE BOARD HAS MADE A DECISION.
I THINK I SPOKE WITH HIM ONCE AND HE MADE IT CLOSE.
CASE CLOSED AS FAR AS WE CONCERNED.
YOU GOOD THAT WAY? I'LL SEE YOU GUYS IN COURT.
LET'S PROCEED ON, IS THERE ANY ADDITIONAL BUSINESS? IF THERE'S NO ADDITIONAL BUSINESS, THE NEXT MEETING, UH, WILL BE APRIL THE FIFTH.
FIRST WEDNESDAY, AND THEN THE FOLLOWING.
CAN I GET A MOTION TO ADJOURN? I MOVE TO ADJOURN.
CAN I GET A SECOND? IT'S BEEN MOVED.
AND SECOND THAT WE ADJOURN THIS MEETING.