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[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road June 7, 2023 6:00 P.M.]
I SHOULD CALL THE MEETING OF THE CITY OF HUBER HEIGHTS, BORDER ZONING.APPEAL TO ORDER MATTER OF SECRETARY.
WILL YOU PLEASE CALL THE ROAD? OKAY, MR. DAVIDSON HERE.
MR. DEAN AND I DID GET, I DID HEAR FROM MR. DEAN, SO HIS ABSENCE WILL BE EXCUSED.
MS. NEWBY HERE WE WILL FOLLOW AGENDA AS COURT AS, AS, UH, WRITTEN APPROVAL OF MIN MINUTES.
WE HAVE ONE SET OF MINUTES FOR APRIL THE FIFTH, 2023 MEETING.
IF THERE ARE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THESE MINUTES, WE HAVE ANY, OKAY.
IF NOT, WILL, THE MINUTES WILL STAND APPROVED.
CAN I GET A MOTION TO APPROVE THE AGENDA? MAKE HAVE MOTION TO APPROVE THE AGENDA.
IT'S BEEN MOVED A SECOND AT THE AGENDA FOR JUNE 7TH, 2023 IS APPROVED.
FOLLOW SWEARING IN, IN ACCORDANCE WITH THE RULES OF THE BOARD OF ZONING, APPEALS TO WITNESS DISPUTE OR GIVE TESTIMONY REGARDING ITEMS ON THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN.
SO I ASK ANYONE THAT'S GOING TO COME TO THE PODIUM AND SPEAK ABOUT THE CASE TO STAND AND RAISE YOUR RIGHT HAND.
AND I'M GOING, UH, I WILL ASK EVERYONE, UH, TO, TO RESPOND OUT DUE TO THE FOLLOWING OATH.
DO YOU HEAR BY SWEAR OR AFFIRM I'M THREATEN 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 SPEAK TONIGHT.
AFTER THE CASE REVIEW AND, AND STAFF REPORT, PLEASE STEP UP TO THE PODIUM.
STATE YOUR NAME AND SPELL IT, UH, FOR THE RECORD.
AND THERE'S A SHEET ON THAT POEM AND THEN WE WANT YOU TO WRITE, SIGN YOUR NAME ON IT.
SINCE WE DON'T HAVE ANY OLD BUSINESS, WE GOING TO GO AHEAD AND PROCEED.
UM, OLD BUSINESS IS THE BCA CASE.
THE APPLICANT DOC DON CROSS IS REQUESTING A VARIANCE FROM SECTION 11 91 0 1.
UH, LOCATION OF HEIGHT PROPERTY IS LOCATED.
IT IS ANYONE OUT THERE FOR THIS CASE? I CAN STEP WE GOING BE LISTEN TO DAN.
YEAH, WE'RE GONNA HAVE, UM, THE CITY GIVE THEIR REPORT.
YOU CAN GO AHEAD AND HAVE A SEAT.
WE'RE GONNA HEAR FROM HIM FIRST.
THIS IS THE, AS YOU WILL RECALL, UH, THIS IS THE FOLLOW UP VARIANCE REQUEST FOR BUILDING HEIGHT FOR THE ACCESSORY STRUCTURE FOR MR. CROSS.
MR. CROSS HAS HAD THE LOT COMBINATION SUCCESSFULLY DONE AND APPROVED.
THEREFORE, THE BUILDING WILL BE PLACED TO THE REAR OF THE HOUSE IN AN APPROPRIATE DISTANCE.
UH, AND AS YOU WILL RECALLED THE LAST MEETING, IT WAS AGREED UPON THAT ONCE THAT WAS ACCOMPLISHED, THIS BOARD WOULD AGAIN HEAR HIS REQUEST FOR A HEIGHT VARIANCE.
AND THAT'S WHAT WE'RE HERE TO DO THIS EVENING.
SO ON THE SCREEN YOU'LL SEE THE PLANNING COMMISSION'S DECISION RECORD WHERE THEY VOTED TO APPROVE THAT LOCK, UM, COMBINATION.
ANY QUESTIONS FOR THE CITY? OKAY, NOW, MR. CROSS, YOU COME TO THE P**N AND IF THERE'S ANYTHING YOU WOULD LIKE TO SAY NOW, WHAT WOULD, IF THERE'S ANYTHING YOU WOULD LIKE TO ADD TO? NO, ARE YOU DONE? HE SAID EVERYTHING I WANTED RIGHT THERE.
IF THERE ARE NO QUESTIONS, I'M GONNA CLOSE THE CASE.
I'LL MAKE A MOTION THAT WE, UM, READ THE VARIANCES.
I'M GONNA READ THE VARIANCE AND I'M MAKE A MOTION TO REQUEST TO VOTE ON THAT.
THE VARIS OF THIS CASE, WE'RE GONNA GO MR. LONG, WE'RE GONNA START WITH A WHETHER THE PROPERTY INQUEST WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFITS USE OF PROPERTY WITHOUT THE VARIANCE.
NOW, SECRETARY WILL CALL THE ROAD.
WHETHER THE VARIOUS IS SUBSTANTIAL,
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MR. MOCK? NO.WHETHER THE CENTER CHARACTERISTIC OF NEIGHBORHOOD WOULD BE SUBSTANTIAL ALTER OF WHETHER AJOUR TIES WILL SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF VARIANCE.
WHETHER VANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICE SUCH AS, UH, SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL? MR. DAVIDSON? NO.
WHEN THE PROPERTY OWNER PURCHASED THE PROPERTY WITHIN THE KNOWLEDGE WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS, MR. MO? NO.
COULD WHETHER SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENTS WILL BE, WOULD BE OBSERVED AND STATUTE JUSTICE DONE BY GRANT VER MR. SCHAFFER? YES.
MR. DAVIDSON? UH, I THINK WE'RE, YES.
DIDN'T WE MISS F F? DID WE? OKAY.
I'M SORRY, WE GOING BACK FOR THE RECORD.
AND, UM, CORRECTED F WHETHER THE PROPERTY OWNER PREDICAMENT FE CAN BE AVERTED THROUGH SOME OTHER METHOD OF THE VARIANCE.
MAY I HAVE A MOTION TO APPROVE THE VERS? I'LL MAKE A MOTION TO APPROVE THE VARIANCE.
SECOND THAT THE VARIANCE BE APPROVED, MA'AM.
SECRETARY, COULD YOU CALL THE ROLL? ALL RIGHT.
OKAY, NOW WE GET TO THE NEW BUSINESS.
NEW BUSINESS IS GOING TO BE BZ BZ, A CASE 2305.
THE APPLICANT JOHN GREEN IS A QUESTION OF VARIANCE.
SECTION 11 91 0 1 ASSESS ACCESSORY STRUCTURED LOCATION.
PROPERTY IS LOCATED 58 92 ON BED OAK COURT, RIVER HEIGHTS, OHIO.
UM, UH, AS STATED, MR. GREEN IS AT 58 92 RED OAK COURT AND THERE'S A RESIDENTIAL PROPERTY IN THE OAKS SUBDIVISION.
ALL ADJACENT PROPERTIES ARE ZONED RESIDENTIAL AS WELL.
UH, THE SECTION OF CODE IS 1190 1.01, WHICH IS LOCATION OF AN ACCESSORY STRUCTURE.
UM, I'LL READ MY CASE REVIEW, MY STAFF REVIEW.
AT THIS TIME, THE OWNER IS REQUESTING A VARIANCE.
MR. MALLARD, MA'AM, CAN YOU PULL THE MICROPHONE UP A LITTLE CLOSER? THANK YOU.
THE OWNER IS REQUESTING A VARIANCE TO ALLOW A STORAGE BUILDING TO REMAIN WITHIN THE FIVE FOOT SETBACK FROM THE REAR PROPERTY LINE.
THE BUILDING WAS OBSERVED BY A CODE ENFORCEMENT OFFICER AND DISCOVERED TO HAVE NO PERMIT.
THE OWNER WAS NOTIFIED BY A LETTER AND HE IMMEDIATELY CONTACTED THE ZONING OFFICE INVESTIGATION FINDS THE BUILDING IS WITHIN ONE FOOT OF THE REAR PROPERTY LINE AND WITHIN FOUR FEET OF THE WEST SIDE PROPERTY LINE.
ACCORDING TO THE HUBER HEIGHT ZONING CODE SECTION 11 91 0 1 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.
LOCATION IS IN THE REAR YARD IS REQUIRED, BUT DUE TO ITS PROXIMITY TO THE PROPERTY LINES, THE BUILDINGS DOES NOT MEET THE GUIDELINES SET FORTH IN THE CODE.
THEREFORE, THE APPLICANT REQUIRES A VARIANCE TO ALLOW THE ACCESSORY BUILDING TO REMAIN IN ITS CURRENT LOCATION.
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ANALYSIS OF THE PROPERTY IS AS FOLLOWS OF THE LAUS APPROXIMATELY 0.3 ACRES REGARDING EASEMENTS.THERE ARE EASEMENTS ON BOTH THE SOUTH AND WEST PROPERTY LINES.
HOWEVER, WHILE A STORMWATER CATCH BASIN EXISTS ON THE EXTERIOR OF THE FENCE, NO UNDERGROUND LINES LINED WITHIN THE ABUDDING EASEMENT.
SO NO UTILITIES WOULD BE IMPACTED WITH THE GRANTING OF THIS VARIANCE.
THE STRUCTURE IS A STORAGE BUILDING, 10 FEET IN LENGTH, EIGHT FEET IN WIDTH, EIGHT FEET IN HEIGHT, AND THE PLACEMENT OF THE BUILDING IS CURRENTLY AT THE SOUTHWEST CORNER OF THE PROPERTY.
THE ENGINEERING DEPARTMENT HAS NO CONCERNS REGARDING THIS CASE.
IF YOU HAVE QUESTIONS, I'LL ATTEMPT TO ANSWER THEM.
MR. REC, SO AS A, AS A, AS A RESULT OF, UH, MR. GREEN LIVING IN THE OAKS AND I'M A MEMBER OF THE OAKS, HUBER HEIGHTS, UH, HOMEOWNERS ASSOCIATION.
I'M RECUSING MYSELF IN THIS CASE.
THANK YOU FOR MAKING THIS, NOT IT FOR THE RECORD.
DO I, ANY OTHER BOARD MEMBERS HAVE ANY QUESTIONS FOR THE CITY REGARDING THIS SITUATION? YEAH, I GOT ONE QUESTION THERE.
UH, MS. MENARD, UM, I SEE YOU, I'M SORRY.
I HAVE, DON'T GET TO TALK YET.
I SEE ON THE REPORT AS ONE FOOT FROM THE PROPERTY LINE, FOUR FOOT FROM THE OTHER PROPERTY LINE, BUT IT LOOKS LIKE THE PHOTOS AND ALL THAT, I COULDN'T SEE ANYTHING CUZ THE FENCE WAS AROUND THE WHOLE HOUSE.
IT LOOKS LIKE IT'S ONE BY ONE ON THE FENCE.
CORRECT? WELL, HOWEVER, WE MEASURE THAT FROM THE WALL OF THE, OF THE STRUCTURE RATHER THAN THE ROOF LINE.
UH, IT JUST DIDN'T LOOK LIKE YOU HAD FOUR FOOT FROM THE FENCE TO THAT SHIP.
THAT WAS THE MEASUREMENT THAT I THINK THAT'S PRETTY CLOSE TO CORRECT.
THAT'S THE MEASUREMENT GREG AND I TOOK WHEN WE WERE OUT THERE FOR THE PROPERTY LINE, BUT NOT THE FENCE, CORRECT? WELL, FROM THE PROPERTY LINE, YES.
ANYONE ELSE? YOU HAVE ANY, ANY QUESTIONS? MR. OKAY, MR. SPEED, COULD YOU STATE YOUR NAME AND SPELL IT FOR THE RECORD AND THEN SIGN THE PAPERS? MY NAME IS JOHN GREEN, J O H N G R E E N E.
AND I THINK MR. MILLER, UH, SAID IT JUST ABOUT RIGHT.
I, UM, THE ONLY THING IS THAT I EXPLAINED TO HIM THAT WE HAD THE PEOPLE COME IN AND DO THE FENCE AND DO THE, UM, SHED AND THEY WAS GOING BY THE AUDITOR'S DIMENSIONS AND BY THE AUDITOR'S DIMENSIONS.
I THINK WE WERE INSIDE THE THING, SO, UH, WE, WE JUST WEREN'T AWARE THAT IT WAS ON, YOU KNOW, WHERE IT WAS SUPPOSED TO BE OR WASN'T WHERE IT WAS SUPPOSED TO BE.
DOES THAT MAKE SENSE? ANY QUESTIONS FOR THE RESIDENCE? UH, THE ONLY QUESTION I HAVE, YOU KNOW, JUST BEING A RETIRED FIREFIGHTER IS ANYTHING YOU HAVE TO GET AROUND THAT SHED, IT'S AWFUL CLOSE TO THE FENCE.
UH, I THINK THAT'S MORE MY CONCERN THAN ANYTHING ELSE THAT'S SO TIGHT AROUND THAT FENCE.
IS THERE ANY WAY TO MOVE IT OUT A LITTLE BIT MORE FROM BOTH DIRECTIONS? WE HAVE, WE HAVE CONTACTED SEVERAL PEOPLE TO MOVE THE SHED AND I CAN'T GET ANYBODY TO COME OUT AND MOVE, MOVE THIS THING.
UM, WE'VE CALLED 'EM, THEY SAID THEY WAS GONNA CALL BACK AND, AND NOBODY'S CALLING BACK.
WE JUST CAN'T, YOU KNOW, AND I EVEN ASK IF LIKE, WE COULD PICK IT UP AND MOVE, BUT IT'S LIKE 3000 POUNDS, SO I CAN'T EVEN DO THAT.
CAN I, SO MY NAME'S TRACY GREEN, T R A C I GREEN, G R E E N E.
BUT WE CAN'T, I CAN WALK LIKE THROUGH THE WHOLE THING.
I MEAN, I'M ABLE TO GET THROUGH THERE.
I DON'T KNOW IF THAT MAKES A DIFFERENCE OR NOT.
THERE'S NOTHING, NOTHING FLAMMABLE STORED IN THAT STORAGE AT ALL.
IT'S JUST THE POOL, UM, THE, THE LAWN FURNITURE AND THE STUFF FOR OUR POOL.
YEAH, NO CHEMICALS, ANYTHING LIKE THAT IN THERE.
WE HAVE A SALTWATER POOL, SO THERE, THERE'S NOT EVEN ANY CHEMICALS IN THERE.
YEAH, I SEE THE HILL WHERE IT'S GOING TO BE VERY HARD TO MOVE IT ANYWHERE ELSE.
SO THERE'S A BIT OF A HILL THERE.
IF THERE'S NO OTHER QUESTIONS, I'M GONNA CLOSE THE CASE AND READ THESE VARIANTS.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE BE
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ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE CLEARANCE.MAY I HAVE SECRETARY? WILL YOU CALL MR. MA? YES.
MR. SCHAFFER'S NOT GONNA BE A PART OF THIS.
WHETHER THE VARIOUS IS SUBSTANTIAL, MR. DAVIDSON? NO.
WHETHER THE CENTRAL CHARACTERISTIC OF NEIGHBORHOOD WOULD BE SUBSTANTIAL, ALTERED, OR WHETHER AJOUR PROPERTIES WILL SUFFER FROM A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHETHER VARIS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICE SUCH AS WIRES, SANITARY SEWAGE OR GARBAGE REMOVAL? MR. DAVIDSON? NO.
WHETHER THE PROPERTY OWNER PURCHASE THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS, MR. MOCK? NO.
WHETHER THE PROPERTY OWNER PRE PARTICULAR FEAST CAN BE OVERT THROUGH SOME OTHER METHOD OTHER THAN THE VARIANCE.
WHERE THE SPIRIT OR INTENT BEHIND THE ZONING REQUIREMENTS WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANT AND THE VARIANCE.
MAY I HAVE A MOTION TO, TO APPROVE THE VARIOUS MAKE A MOTION, UH, FOR B Z A CASE 23 DASH OH FIVE? I'LL SECOND.
IT'S BEEN MOVED IN SECOND THAT THE VARIANCE WILL BE APPROVED.
MADAM SECRETARY, WE HAVE REVOK.
THE SAYS FOR APPROVAL THREE TO ZERO WITH ONE MEMBER NOT.
HAVE YOU TALKED TO GREG REGARDING WRAPPING THIS UP? YOU MAY WANT TO GIVE GREG SEAGRASS A CALL TOMORROW.
I'LL PROBABLY SEE HIM IN THE MORNING.
I HAVE THE MICROPHONE MUCH CLOSER TO MY MOUTH NOW, SIR.
UM, SO I WANNA MAKE SURE THAT HE'S ON BOARD WITH WHAT'S HAPPENED HERE.
AND FOR THE RECORD, I AM GOING TO SPELL THE FIRST AND LAST NAME IS I DO NOT WANT TO DISRESPECT THE APPLICANT BY PRONOUNCING THE NAME WRONG.
SO THE BZ CASE 2306, THE APPLICANT AND I WILL SPELL HIS FIRST NAME.
LAST NAME K A D I R O V IS REQUESTING FROM THE, FROM, THIS IS REQUESTING A VARIOUS FROM SECTION 11 8104 PROPERTY, UH, PROJECTION HEIGHT PROPERTY IS LOCATED AT 60 27 BOOKED BUTTON BUSH STREET TIP TIPS TO HOW YEAH, THE PROPERTY IS A RESIDENTIAL PROPERTY AS ALL THE SURROUNDING PROPERTIES ARE.
APPLE'S REQUESTING A HEIGHT VARIANCE FOR A REAR PATIO COVER VARIANCE FROM SECTION 1180 1.04 H.
THE OWNER, UH, IS REQUESTING TO CONSTRUCT A REAR PATIO COVER, WHICH WOULD EXCEED THE ZONING CODE'S HEIGHT LIMIT.
THIS PROPOSED PLANS WILL COMPLIMENT THE HOME'S DESIGN AND ARCHITECTURE ACCORDING TO THE HEIDE ZONING CODE SECTION 1180 1.04 H.
A COVER CARPORT OR ENCLOSURE SHALL NOT BE TALLER THAN 14 FEET ABOVE GRADE AT ANY POINT.
THE PROPOSED COVER WOULD CON ATTAIN A HEIGHT OF 16 FEET, WHICH IS TWO FEET ABOVE THE ALLOWABLE HEIGHT.
THEREFORE, THE APPLICANT REQUIRES A VARIANCE TO ALLOW THE COVER TO BE BUILT AS PROPOSED.
IF THE BOARD GRANTS THE VARIANCE OF DISTRESS TO THE APPLICANT THAT ANY HEIGHT THAT EXCEEDS THE GRANTED VARIANCE WILL NOT PASS FINAL INSPECTION.
THE APPLICANT ALSO SHOULD SUBMIT DRAWINGS TO THE MONTGOMERY COUNTY BUILDING REGULATIONS DEPARTMENT STAFF.
ANALYSIS OF THE PROPERTY IS AS FOLLOWS, A, THE LATUS, APPROXIMATELY 0.4 ACRES, THERE ARE NO EASEMENTS TO CONSIDER.
THE PROPOSED STRUCTURE WILL BE 16 FEET IN LENGTH, 26 FEET IN WIDTH, AND 16 FEET TALL.
REAR PATIO COVER, THE PLACEMENT IS ON THE NORTHEAST CORNER OF THE HOUSE.
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THE ENGINEERING DEPARTMENT HAS NO CONCERNS REGARDING THIS CASE.IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO ANSWER THEM.
BOARD MEMBERS HAVE A QUESTION FOR THE STAFF.
I HAVE A QUESTION FOR THE STAFF.
SO I'M LOOKING AT THE, UH, DRAWINGS THAT ARE UP ON THE SCREEN MM-HMM.
IS THAT WHERE, IS THAT THE POINT, SAME POINT THAT YOU WOULD MAKE THE MEASURE FOR THE GRADE? YEAH.
WE WOULD GO FROM THE LEVEL OF, OF WHATEVER THAT WAS BUILT UPON.
SO THE PATIO WOULD THEN BE THE GRADE AND IT WILL BE MEASURED FROM THAT PLANE TO THE PEAK OF THE ROOF.
SO IT'S NOT FROM SOME LOWER PART ON THE PROPERTY? NO, SIR.
THAT'S THE ONLY QUESTION I HAD.
ANYBODY ELSE HAVE QUESTIONS FOR THE STAFF? THE AKIN WAS TO COME UP, STATE YOUR NAME, SPELL IT, AND SIGN BEING TO SAY WHAT YOU FIRST NAME ARAM.
WE'RE TRYING TO GET THE BUILD, UH, YOU CAN SPEAKING IN THE MICROPHONE HERE.
YEAH, WE'RE TRYING TO BUILD, UM, LIKE A BACKYARD, UH, DOCK.
LOOK, WE'RE TRYING TO MAKE THE SAME HIGH, UM, MORNING ROOM LIQUOR AND THEN LIKE A, IN THE SIDE.
AND IF YOU GUYS, IF YOU LOOK THE DRAW, YOU GUYS PROBABLY SEE WHAT I'M TALKING ABOUT.
I WANNA MAKE LIKE A SAME HIGH, LIKE, KIND OF EXTENDED, UM, MORNING ROOM, LIKE 14 OR 16 FEET AND THEN RIGHT INTO THE ROOF LINE OF THE MORNING ROOM.
THE SAME HIGH, THE MORNING ROOM, NO.
I THINK YOUR PLANS ARE PRETTY DETAILED.
I THINK WE HAVE A PRETTY GOOD IDEA.
I GUESS THE ONE QUESTION I WOULD HAVE FOR YOU IS, UM, ARE YOU CONFIDENT IN THESE MEASUREMENTS? I MEASURED WITH MY FATHER, BUT I'M NOT EXACTLY SURE THE HIGH, THE MORNING ROOF IS PROBABLY A LITTLE BIT HIGHER THAN THE 16.
I JUST WANNA MAKE YOU AWARE THAT, UH, HISTORICALLY THE BOARD HAS NOT LOOKED FAVORABLY UPON SOMEONE COMING BACK AFTER THEY'VE GOT AN APPROVED VARIANCE FOR AN INCREASE TO THE VARIANCE.
LIKE FROM WHERE WE GET EXACTLY.
TO MEASURE, MEASURE, LIKE FROM LIKE EXACTLY FROM THE TOP OR WHERE'S THE LIKE, UH, START OF, UH, TAB WOOD, YOU KNOW, LET ME CLARIFY THAT FOR YOU.
AND MR. SCHAFFER JUST POINTS WELL TAKEN.
WE HAVE A LITTLE BIT OF HISTORY WITH THESE KINDS OF, OF SITUATIONS.
THAT'S WHY I STRESSED IN MY REPORT THAT YOU HAVE TO UNDERSTAND IF IT'S MM-HMM.
SO AS MR. SCHAFFER STATED, IF YOU FEEL THAT YOU MAY GO SIX INCHES HIGHER, ONE FOOT HIGHER, THAT DOESN'T MEAN YOU HAVE TO GO TO THAT HEIGHT.
BUT IF WE DON'T, IF YOU DON'T MODIFY YOUR HEIGHT REQUEST, THEN YOU MUST GO NO HIGHER THAN THAT.
IN OTHER WORDS, IF, IF, IF, IF I MAY, I DON'T WANNA PUT WORDS IN YOUR MOUTH.
UH, WHEN MY INSPECTOR GRAY COMES OUT MM-HMM.
IF IT'S 16 FEET IN ONE INCH, IT FAILS.
NOW, YOU KNOW, YOU'RE SHOOTING FOR 16 FEET.
IF YOU THINK IT MIGHT BE 17 TO GIVE YOU A A A A LITTLE MARGIN, JUST BEAR WITH ME.
I'M NOT SAYING IT HAS TO BE 17 MM-HMM.
IF YOU ASK FOR A 17 FOOT VARIANCE RIGHT NOW, IF THE BOARD WOULD DECIDE IN YOUR FAVOR AND IT'S ONLY 16 FOUR, THAT'S OKAY.
IF YOU ASK FOR 16 FOOT VARIANCE
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AND IT'S 16 FOUR, THAT'S A PROBLEM.UM, LET'S SAY THEN IT'S 17 THEN I'M NOT, IT'S BETWEEN LIKE 16 AND 17, I'M SURE.
LIKE, BUT INCHES, I'M NOT SURE.
LIKE MAYBE TWO, THREE INCHES MIGHT BE DIFFERENT.
SO YEAH, I, I I WILL JUST SHARE WITH YOU AS A, AS AN ENGINEER MM-HMM.
AND SO I WOULD, I'M CONCERNED ABOUT THAT FOR YOU.
I, ON THE OTHER HAND, STRONGLY RECOMMEND THAT YOU TAKE THE BOARD'S RECOMMENDATION AND INCREASE THE VERY VARIANCE HEIGHT AT THIS TIME TO COMPENSATE FOR A FEW INCHES OVERAGE BY ASKING FOR A 17 FOOT HEIGHT VARIANCE AT THIS TIME AS A STAFF MEMBER.
I'LL RECOMMEND THAT TO YOU AND WE CAN DO THAT RIGHT NOW.
AND THIS DECISION WILL BE CONSIDERED BY THE BOARD AND THAT GIVES YOU A LITTLE BIT OF CUSHION.
MS. NEWBIE, CAN I MAKE A MOTION TO YEAH.
CHANGE THE REQUIREMENTS TO 17 FOOT BEFORE WE MAKE A VOTE ON IT.
I THINK WE CAN TAKE THAT IN CONSIDERATION.
WHO'S GONNA SECOND WHO'LL SECOND IT? I'LL SECOND IT.
IT'S REMOVED A SECOND THAT WE CHANGED THE HEIGHT REQUIRING THAT THE APPLICANT IS REQUESTING FROM 16 TO 17.
ARE THERE ANY QUESTIONS ON THE MOTION? THIS IS NO QUESTIONS.
MAY I HAVE A VOTE ON THE CHANGING OF, OF THE, THE LENGTH VARIANCE TO 17? RIGHT.
SO WE'RE VOTING ON THE CHANGING OF THE HEIGHT HEIGHT TO FROM 16 TO 17.
ANYTHING ELSE WOULD YOU LIKE TO SAY TO THE BOARD BEFORE? NO, THAT'S ALL.
I'M GONNA READ THE VARIANCE AND WE ARE GOING TO THAT AND THEN WE WILL, I WILL MAKE A MOTION TO VOTE ON THAT.
WHETHER THE PROMPTING QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROMPTING WITHOUT CO CONVEYANCE.
MADAM SECRETARY MR. SCHAFFER? YES.
WHETHER THE VARIANCE IS SUBSTANTIAL? MR. DAVIDSON? YES.
WHETHER THE CENTRAL CHARACTERISTIC OF THE NEIGHBORHOOD WOULD BE SUBSTANTIAL, ALTERED, OR WHETHER AJOUR PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHETHER THE VARIOUS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICE SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL? MR. SCHAFFER? NO.
WHETHER THE PROPERTY OWN THE PROPERTY OWNED, PURCHASE THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS.
WHETHER THE PROPERTY OWN PREDICAMENT PROFUSELY CAN BE A VERDICT THROUGH SOME OTHER METHOD OTHER THAN A VARIANCE.
WHETHER THE SPIRIT OR INTENT BEHIND THE ZONING REQUIREMENTS WOULD BE OBER OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.
MAY I HAVE A MOTION TO APPROVE THE VARIS? I'D LIKE TO MAKE A MOTION TO APPROVE PZA A CASE 2306.
MAY I HAVE A SECOND ON THAT? I'LL SECOND.
THAT BZ A K CASE 2306 BE APPROVED.
THERE'S ANY QUESTIONS ON THE MOTION? SO, YOU KNOW, HERE ARE NO QUESTIONS ON THE MOTION, MA'AM.
SECRETARY, WE TAKE THE RO UH, VOTE PLEASE.
THE MOTION CARRIED FOR THE VER THE VARIANCE.
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YOU CAN GO.OKAY, WE'LL GO TO B Z A CASE 2307 APPLICANTS CLIFF.
CLIFF AT APRIL PENNINGTON A REQUESTING A VARIANCE FROM SECTION 11 91 0 1 STREET STRUCTURE LOCATION PROPERTY IS LOCATED AT 66 19 DEER BLUFF DRIVE, HUB HEIGHTS, OHIO.
THIS IS AGAIN, A RESIDENTIAL PROPERTY.
ALL SURROUNDING PROPERTIES ARE RESIDENTIAL AS WELL.
UH, THE APPLICANT WISHES TO LOCATE A STORAGE BUILDING WITH LESS THAN FIVE FEET OF SETBACK REQUIREMENT.
THE SECTION OF AC UH, CODE IS 11 91 0 1.
UH, THE STAFF OVERVIEWS AS FOLLOWS.
THE OWNER IS REQUESTING A VARIANCE TO ALLOW PLACEMENT OF A STORAGE BUILDING INSIDE OF THE REQUIRED FIVE FOOT SETBACK FROM THE PROPERTY LINES.
ACCORDING TO THE WRIDE ZONING CODE SECTION 11 91 0 1 IN N E R B A P THROUGH PD OR I DISTRICT, AN ACCESSORY BUILDING NOT EXCEEDING ONE ON ONE F STORES OR 14 FEET IN HEIGHT MAY BE PERMITTED IN ANY REAR YARD, NOT WITHIN FIVE FEET OF THE SIDE AND REAR PROPERTY LINES.
IN ORDER FOR ANY STRUCTURE TO BE CLASSIFIED AS AN ACCESSORY BUILDING, IT SHALL BE AT LEAST FIVE FEET FROM ANY PERMANENT STRUCTURE.
THE PROPOSED LOCATION WOULD PLACE THE BUILDING WITHIN TWO FEET OF THE PROPERTY LINES.
THEREFORE, THE APPLICANT REQUIRES A VARIANCE TO ALLOW THIS TO BE BUILT AS PROPOSED.
THE PROPOSED STRUCTURE WILL LIE WITHIN A UTILITY EASEMENT.
IT'S THE WHITE DASHED LINE ON THE HERB.
HOWEVER, ZONING DOES NOT ENFORCE EASEMENTS VOID OF CITY UTILITIES.
THERE ARE NO CITY UTILITIES IN THIS EASEMENT.
THAT'S NOT TO SAY THAT PLACING A STRUCTURE IN AN EASEMENT IS A GOOD OR BAD IDEA.
IT'S TO SAY WE DON'T ENFORCE THAT EASEMENT BECAUSE THERE'S NO CITY UTILITY THERE.
STAFF ANALYSIS IS OF THE LOT IS APPROXIMATELY 0.2 ACRES.
THERE ARE NO EASEMENTS TO CONSIDER.
THE PROPOSED STRUCTURE IS AN EIGHT BY 12 AND A HALF STORAGE BUILDING.
IT WOULD BE AT THE NORTHEAST CORNER OF THE HOUSE.
THE ENGINEERING DEPARTMENT HAS NO COMMENTS REGARDING THIS CASE.
IF YOU HAVE ANY QUESTIONS, I'LL TRY TO ANSWER THEM.
MAY ANYONE HAVE QUESTIONS FOR, FOR THE CITY? THERE ARE SEVERAL PHOTOS ATTACHED THAT WERE TAKEN, PROVIDED BY THE APPLICANT HERE.
DO WE KNOW, ARE, ARE THERE ANY NON-CITY UTILITIES THAT ARE RUNNING IN THAT EASEMENT? WELL, THE, THE, IT'S BEEN MARKED, WELL MARKED BY, OOPS.
UH, CAN YOU JUST SCROLL BACK UP ONE, JERRY, I'M SORRY.
SO YOU, YOU, YOU MAY BE FAMILIAR WITH THOSE MARKINGS MEAN ORANGES, COMMUNICATIONS RED TEND, UH, USED TO BE ELECTRICAL.
SO I'M ASSUMING THAT HASN'T CHANGED SINCE I WAS A S LOCATOR ABOUT 20 YEARS AGO.
THOSE COLORS TEND NOT TO CHANGE.
IS THAT A YELLOW? I DON'T KNOW IF THAT'S A YELLOW VETERAN FLAG OR IF THAT'S A PROPOSED, UH, PLACEMENT FLAG.
SO TO ANSWER YOUR QUESTION, THERE APPEAR TO BE EASEMENTS, UH, CLOSE TO WHERE THAT YOU LI THAT SHED IS PROPOSED TO BE LOCATED.
SO MIKE, YOU CAN SEE IT'S WELL MARKED BY DIALING 8 1 1.
THEY DO, THEY DO A PRETTY GOOD JOB WHEN YOU HAVE 'EM COME OUT.
I, I, I GUESS MY CONCERN, MY CONCERN IS THAT IT APPEARS AS THOUGH THE EDGE OF THE SHED
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WOULD BE AT THE EDGE OF THE GAS LINE.WELL LET'S, AFTER THIS QUESTION, THEY CAN COME UP TO SPEAKER.
ANY MORE QUESTIONS FOR THE STAFF? NO.
IF THERE'S NO MORE QUESTIONS FOR STAFF, THE APPLICANT CAN APPROACH THE PODIUM AND WE DISCUSS.
HI, MY NAME IS CLIFFORD PENNINGTON.
PENNINGTON, P E N N I N G T O N.
UH, WE'RE CHOSEN US LOCATION ONLY BECAUSE IT'S REALLY THE ONLY FLAT AREA WE HAVE THAT'S LARGE ENOUGH FOR THE BUILDING.
I DID ASK WHEN THEY CAME OUT IF THEY COULD TELL ME IF IT WAS GONNA CAUSE A PROBLEM WHERE WE WERE SITTING RIGHT AT THE FRONT EDGE OF THE GAS GAS LINE.
AND I WAS PRETTY MUCH TOLD AT THAT POINT, IF WE HAVE TO COME IN YOUR YARD AND DIG FOR A GAS LINE, THERE'S A BIG PROBLEM.
SO HE SAID I SHOULD BE RELATIVELY SAFE.
UH, WE DON'T HAVE ANY INTENTIONS OF PUTTING CONCRETE INTO THE GROUND TO MAKE IT COMPLETELY PERMANENT.
WE WERE GOING TO USE THE CROSS, UH, CONCRETE BEAMS TO SET THE FLOORING ON AND THEN SET THE BUILDING ON TOP OF THAT SO IN CASE IT EVER DID HAVE TO BE MOVED, WE COULD MOVE IT.
BUT THAT WAS REALLY THE ONLY LOCATION WE HAD.
UM, AND IN ORDER TO GET IT IN A FLAT AREA, WE HAD TO BE A LITTLE BIT CLOSER TO THAT PROPERTY LINE AND THE FENCE LINE THAN TO GET BACK WITHIN THE FIVE FEET AND ANYWHERE ELSE WE PUT IT IN OUR YARD, PARTICULARLY I'M CLOSER THAN FIVE FEET TO OUR HOUSE AND TO GET A LEVEL SPOT.
SO THAT'S THE REASON WE WERE TRYING TO GET UP IN THAT CORNER.
SO THAT'S THE REASON WE REQUESTED A VARIANCE.
AND WE DID HAVE THEM COME OUT AND MARK EVERYTHING.
UH, THE ONLY MAJOR UTILITY GOING THROUGH OUR YARD THAT WE COULD SEE ANYWAY BY THE MARKINGS, UH, WAS THAT YELLOW GAS LINE.
AND THERE IS A, UM, SOME INTERNET LINES THAT GO BEHIND OUR FENCE ON THE OTHER SIDE OF OUR FENCE.
UM, BUT THE ONLY OTHER THING, KIM, LIKE DOWN THE SIDE OF THE YARD.
SO THAT WAS WHERE WE THOUGHT WOULD BE THE SAFEST PLACE AND THE FLATTEST LOCATION TO PUT IT.
AND WE DID MAKE SURE IT WAS WITHIN TWO FEET, SO WE GET A LAWNMOWER AROUND BEHIND IT OR DO MAINTENANCE ON THE FENCE OR WHATEVER LIKE THAT.
WE WERE JUST TRYING TO MAKE SURE WE STAYED SAFELY AWAY.
HAVE ANY QUESTIONS FOR THE HAPPEN? YES, MS. SNOOPY? UH, THE ONLY THING I HAVE, JERRY, CAN YOU GO TO THE ONE, THE THIRD ONE? I THINK IT IS.
YOU COULD SEE THE NEIGHBOR'S SHED.
UH, THE ONLY QUESTION I HAD IS, YOU KNOW, LOOKING AT YOUR NEIGHBOR WITH THAT BIG SHED THAT'S STILL WITHIN THE VARIANCE.
YOU KNOW, HE'S, THAT'S THE ONLY QUESTION I HAD RIGHT THERE.
HE HAD THAT SHED WITHIN THE FIVE FEET FROM THE, THE PROPERTY LINE.
HE DOESN'T HAVE ANY BACK FENCING ON HIS PROPERTY.
UM, AND IF I PUT MINE RIGHT, LIKE IN LINE WITH WHERE HIS WAS THE SLOPE OF MY PROPERTY, I WOULD HAVE TO BE LIKE BUILDING UP THE FRONT END OR SOMETHING.
AND I DIDN'T REALLY WANT TO HAVE TO TRY TO TACKLE THAT.
UM, I MEAN, MY YARD JUST GRADES OFF PRETTY HEAVILY RIGHT THERE.
SO THAT'S THE REASON I WAS TRYING TO STAY BACK UP ON, ON THAT FLAT AREA.
THAT'S ONLY ONLY QUESTION I HAD MISSED.
I MEAN, I TRIED TO STAY WITHIN IT WHEN I LOOKED AT IT, BUT I WAS LIKE TO BUILD IT OUT FAR ENOUGH AND GET THAT DROP.
I, I SAID NO IF I COULD DO IT OR NOT.
WELL, THANK YOU FOR ALL THE PHOTOS.
YOU KNOW, WE APPRECIATE MORE PHOTOS AND NODS.
ANYBODY ELSE HAS ANY QUESTIONS? MA THERE'S MORE QUESTIONS.
I WILL READ THE BARRS OF THIS CASE.
WELL, THE PROPERTY IN QUESTION WILL YIELD A REASON FOR RETURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY.
THE VARIANCE MATTER OF SECRETARY.
WHERE THE VARIANCE IS SUBSTANTIAL.
WERE THE CENTRAL CHARACTERISTIC NEIGHBORHOOD WOULD BE SUBSTANTIATE, ALTERED OR WHETHER JOURNEY PROPERTIES WOULD SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIOUS VARIANCE.
WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL? MR. DAVIDSON? NO.
WERE THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE JONING ZONING COM UH, RESTRICTIONS.
WHERE THE PROPERTY OWNER PREDICAMENT FEAS CAN BE AVERTED THROUGH SOME OTHER METHOD OTHER THAN A VARIANCE.
WHERE THE SPIRIT OR INTENT BEHIND THE ZONING REQUIREMENTS WOULD BE
[00:40:01]
OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTON VENCE.MAY I HAVE A MOTION TO APPROVE THE VARIANCE? I'VE MOVED TO MAKE A MOTION FOR BZA CASE 23 DASH OH SEVEN.
AND SECOND THAT THE VARIS BE APPROVED.
IS THERE ANY QUESTIONS ON THE MOTION? THERE IS NO QUESTION ON THE MOTION.
MADAM SECRETARY, COULD I HAVE A VOTE? MR. MOG? YES.
WHAT IS, OKAY, THE BEARS HAVE BEEN APPROVED.
UM, GET WITH THE CITY TO SEE IF THERE'S ANY ADDITIONAL THINGS THAT YOU MIGHT NEED TO DO OR ANY OTHER ADDITIONAL STUFF THAT NEEDS TO BE DONE.
OKAY, WE WILL PROCEED TO THE NEXT AND FINAL CASE FOR THIS EVENING.
THE APPLICANT WILLIAMS, WILLIAM KINGSLEY NICELY, NICELY IS REQUEST FOR VARIOUS RESPECT FROM SECTION 1181.
SWIMMING POOL, SWIMMING POOL LOCATION PROPERTY LOCATED AT 7,900 HUNTSMAN COURT, OHIO.
YES, THIS IS, UH, AGAIN, A SINGLE FAMILY RESIDENTIAL PROPERTY AMONG, UH, ALL SINGLE FAMILY RESIDENTIAL PROPERTIES IN THE AREA.
UM, THE SECTION OF CO PERTAINING TO THIS IS 1181, WHICH IS A LOCATION OF A SWIMMING POOL.
THE OWNER IS REQUESTING A VARIANCE TO ALLOW PLACEMENT OF AN ABOVE GROUND SWIMMING POOL THAT WILL ENCROACH INTO THE SECONDARY FRONT YARD OF THIS CORNER PROPERTY.
ACCORDING TO THE HUBER RIGHTS ZONING CODE SECTION, THE LAY OF 81.00 NO SWIM POOLS SHALL BE ALLOWED IN ANY RESIDENTIAL DISTRICT EXCEPT AS AN ACCESSORY USED AND UNLESS IT COMPLIES WITH THE FOLLOWING CONDITIONS AND OTHER CONDITIONS THAT REQUIRED IN THIS ZONING ORDINANCE.
A THE POOL IS INTENDED AND IS TO BE USED PRINCIPALLY FOR THE ENJOYMENT OF THE, UM, OCCUPANTS OF THE PRINCIPLE USE OF THE PROPERTY ON WHICH IS LOCATED.
IN OTHER WORDS, YOU'RE NOT SELLING TICKETS FOR SOMEBODY TO SWIM IN YOUR POOL.
B THE POOL SHALL BE LOCATED IN THE REAR YARD AND NOT BE LOCATED CLOSER THAN 10 FEET TO ANY PROPERTY LINE.
SUCH DISTANCE SHALL BE MEASURED FROM THE EDGE OF THE POOL AND THE ACCESSORY STRUCTURES ASSOCIATED WITH THE POOL OPERATIONS SHALL MAY RETAIN THE SAME SITE AND REAR YARD SETBACK REQUIREMENTS.
THE PROPOSED LOCATION WOULD PLACE THE ABOVE GROUND POOL PARTIALLY INTO THE FRONTAGE ON TIMBER HILL DRIVE, THERE IS A SUBSTANTIAL AREA FENCED YARD INTO THE SECONDARY FRONT TO ENCLOSE THE POOL.
NOW FENCING IS PERMITTED ANYWHERE.
IT DOES NOT IMPACT THE CITY RIGHT OF WAY.
THE PROPOSED LOCATION WILL MAINTAIN MORE THAN THE REQUIRED 10 FOOT SETBACK FROM THE SOUTH PROPERTY LINE.
IN ORDER FOR THE POOL TO BE PLACED AS PROPOSED, THE OWNER REQUIRES A VARIANCE FOR ENCROACHMENT TO THE YARD ON TIMBER HILL DRIVE STAFF ANALYSIS OF THE LATIS, APPROXIMATELY 0.3 ACRES.
THERE ARE NO EASEMENTS TO CONSIDER.
THE STRUCTURE IS A PROPOSED ABOVE GROUND SWIM POOL.
THE PLACEMENT WILL BE IN THE REAR AND SECONDARY FRONT YARDS.
AND THE ENGINEERING DEPARTMENT HAS NO CONCERNS REGARDING THIS CASE.
UH, IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO ANSWER THEM.
WE'RE GONNA HAVE ANY QUESTIONS FOR STAFF.
I I DO HAVE A QUESTION FOR STAFF.
SO IF THE, UH, THE HOUSE THAT'S IDENTIFIED AS 79 0 1 ON THIS MAP, UH, KIND OF BEHIND THE PROPERTY, IF YOU WERE TO EXTEND THE SIDE YARD OF THAT HOUSE STRAIGHT BACK THROUGH THE FENCE LINE, DOES THE POOL ENCROACH UPON THAT? I E IF 79 0 1, IF THAT POOL BELONGED TO 79 0 1 AND THAT BACKYARD JUST CONTINUED ALL THE WAY TO THE, THE, TO THIS HOUSE,
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WOULD THE POOL STILL BE IN THE BACKYARD OR WOULD IT BE IN THE SIDE YARD? YOU SEE WHAT I'M SAYING? IF IT'S A CORNER LOT, IT HAS TWO FRONT YARDS, SO I DON'T, SO WHERE IT WOULD, UH, WHERE IT WOULD BE AT 79 0 1, I WOULDN'T, DIDN'T REALLY, SO 79 0 1, IF I WERE TO TAKE THAT SIDE YARD THAT'S ON TIMBERLINE AND DRAW THAT LINE STRAIGHT BACK ALL THE WAY TO 7,900, BASICALLY IT WOULD BE CORNERED TO CORNER ON THOSE TWO HOUSES.AND SO ASSUMING 7,900 WAS, I SEE WHAT YOU'RE GETTING AT.
SO IT'S, IT'D BE IN THE BACKYARD OF 79 0 1, BUT IT'S NOT IN THE BACKYARD OF 7,900.
BECAUSE THE YARDS ARE DEFINED BY FOUNDATION LINES.
SO ON A, ON A, SO YOU NOW HAVE THE FRONT LINE, THE FRONT YARD ON TIMBER, THE SECONDARY FRONT AS WE CALL IT, RUNNING PARALLEL TO THE SOUTH FOUNDATION LINE OF THE HOUSE.
SO IT STRIKES STRAIGHT ACROSS FROM FRONT TO BACK FOLLOWING THAT FOUNDATION LINE.
AND THAT'S WHAT CAUSES THAT SECONDARY FRONT TO BE WIDER AS A WEDGE, IF YOU WILL.
THAN IT WOULD BE IF IT WERE AT THE, AT THE END OF THE PROPERTY WITH TENDS TO SIT THIS HOUSE, I DON'T WANNA SIT THE HOUSE SETS A SKEW, BUT WHEN YOU CONSIDER THE CURVATURE OF THE ROAD AND THE RADIUS OF THE ROAD, IT DOES KIND OF SIT A SKEW IN A RELATIONSHIP TO THE ROAD, WHEREAS THE OTHER ONES HAVE BEEN ADJUSTED ENOUGH WHERE THAT'S NOT THE CASE.
SO I, I TAKE YOUR MEANING, BUT THEY'RE REALLY TWO SEPARATE PROPERTY LINES OR, OR, OR BOUND YARD BOUNDARIES.
YEAH, I GUESS THE, THE, THE CONCERN I HAVE IS WITH THE INFORMATION THAT'S PROVIDED HERE, I CAN'T TELL WHERE THE POOL'S BEING PLACED.
I THINK THAT THE, UH, THAT THE PRO, THE APPLICANT IS PREPARED TO ANSWER THAT QUESTION.
IF THERE'S SOME, OKAY, THIS IS WILLIAM.
COULD YOU PROBABLY, WELL PULL THAT DOWN.
UM, LISA, YOU, UM, BIE, L I S A B E E D Y.
UH, THE POOL WOULD, UM, BE IN PRETTY MUCH DIRECTLY IN THE MIDDLE OF THE YARD, UM, WHICH IS LIKE 30 FEET FROM THE SOUTH FENCE, WHICH IS TOWARD THE TIMBER.
UM, UH, IT'S KIND OF HARD FOR ME TO REALLY EXPLAIN, EXPLAIN IT.
LITTLE POINT IT UP ON THE SCREEN.
IT'S GOING HAVE COME RIGHT HERE.
THAT'S THE SENTENCE RIGHT THERE.
IT'S GONNA COME ABOUT NINE FEET OUT FROM THE EDGE OF THE HOUSE, SO IT'S GONNA HAVE TO, TO GO ABOUT RIGHT.
WHAT IS THE DIAMETER OF THE POOL? THE DIAMETER OF THE POOL.
BUT IT WOULD'VE TO BE 10 FOOT FROM THE CORNER.
AND IT'S GOING TO GO DOWN BECAUSE THERE'S AN INCLINE ON THE, IN THE YARD.
SO IT HAS TO BE SET DOWN ABOUT TWO AND A HALF TO THREE FEET ON THE ONE SIDE TO GET IT TO, TO LEVEL OUT.
I I AND TO ANSWER MR. DAVIDSON'S QUESTION, THERE IS NO REQUIRED SEPARATION FROM THE HOUSE FOR A SWIMMING POOL.
SO YOU DON'T CARE ABOUT JUMPING OFF THE ROAD RIGHT.
I GUESS ONLY ONE OTHER QUESTION.
ARE YOU PLANNING ON PUTTING ANY DECKING AROUND THE POOL? THAT'S THE BIGGEST PROBLEM WE HAVE IS THERE'S ALREADY A DECK THERE AND WE CAN'T SCOOT THE POOL OVER TO THE LEFT TO, UM, TO MEET YOUR GUYS' REQUIREMENTS.
SO WE HAD TO SET IT OUT TO AVOID THE UTILITY LINES AND AWAY FROM THE DECK.
ANY OTHER QUESTIONS FOR THE PPLICANT? THERE'S NO OTHER QUESTIONS.
NO OTHER QUESTIONS? I MOVE FORWARD.
WHETHER THE PROPERTY INQUEST WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFITS TO USE OF THE PROPERTY WITHOUT THE VARIANCE.
[00:50:01]
MR. SCHAFFER? YES.WHETHER THE VIRUS IS SUBSTANTIAL? MR. SCHAFFER? NO.
WHETHER THE CENTRAL CHARACTERISTIC OF NEIGHBORHOOD WOULD BE SUBSTANTIAL, ALTERED, OR WHETHER JOURNEY PROPERTIES WILL SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHERE THE VARIS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWER, OR GARBAGE REMOVAL? MR. MOCK? NO.
WHETHER, WHETHER THE PROPERTY OWNER PUR PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS? MR. SCHAFFER? YES.
WHERE THE PROPERTY OWNER PREDICAMENT FEASTLY CAN BE REVERTED THROUGH SOME OTHER METHOD OTHER THAN A VARIANCE.
WHERE THE SPREAD AND INTENT BEHIND THE ZONING REQUIREMENTS WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.
MAY I HAVE A MOTION TO APPROVE THE VARIANCE FOR B C A CASE 2308 OF MOVE TO APPROVE CASE NUMBER 2,308.
THAT BZA CASE 2308 BE APPROVED.
WILL THERE ANY QUESTIONS ON THE MOTION HEARING ON NO HEARING? NO QUESTIONS ON THE MOTION.
MADAM SECRETARY, COULD YOU PLEASE CALL THE ROLL? MR. DAVIDSON? YES.
WHAT IS ZERO? VERISH HAS BEEN APPROVED FOR THE ZERO.
NO JUMPING ON THE OFF THE ROOF.
YOU NEED A MOTION TO ADJOURN? NO, DON'T.
THE 10 FOOT, I NEED TO BE ON THE, I CAN RUN IN, BUT I DON'T WANT TO POLITICAL, CORRECT.
OH, THIS IS FROM LAST TIME? YEAH, THEY'RE JUST MEETING YOUR SIGNATURE.
SO WE'RE NOT GONNA HAVE ANY IN JULY.
IS IS THE AREA CONTINUE ON WITH THE AGENDA? IS THERE ANY ADDITIONAL BUSINESS? NO ADDITIONAL BUSINESS.
THE NEXT UPCOMING MEETINGS? AUGUST 2ND, 2023 AND SEPTEMBER 8TH BECAUSE WE'RE NOT HAVING A JULY MEETING.
CAN I HAVE A MOTION TO ADJOURN? I'LL MAKE A MOTION TO ADJOURN.
CAN I HAVE A SECOND? I'LL SECOND.
THAT MEETING FOR TONIGHT IS ADJOURNED.