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[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road August 2, 2023 6:00 P.M.]
ORDER.MEETING OF CITY HUBER HEIGHTS BOARD OF ZONING APPEALS.
MADAM SECRETARY, CAN YOU CALL THE ROLE MR. DEAN? HERE.
ANY CORRECTIONS ON MS. NEWBIE OR MR. MOCK? I THINK MRM MR. MOCK NOTIFIED ME, SO THAT'LL BE EXCUSED.
WE HAVE NOT HEARD FROM MS. NEWBY.
I SAY WE HAVE ONE SET OF, UH, MINUTES FROM JUNE 7TH, 2023.
IF THERE ARE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THESE MINUTES, PLEASE SPEAK.
IT'S THE ANY CORRECTIONS NEED TO APPROVE AGENDA TONIGHT.
MAY I HAVE A MOTION TO APPROVE THE AGENDA? MAKE A MOTION TO APPROVE THE AGENDA.
SECOND IT FIRST AND SECOND WITHOUT OBJECTION.
UH, THE AGENDA FOR TONIGHT MEETING IS APPROVED, SWEARING THE WITNESSES IN ACCORDANCE WITH THE ROLES OF THE BOARD OF ZONING APPEALS.
ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING ITEMS ON AGENDA THIS EVENING NEEDS TO BE SWORN IN.
I WOULD ASK EVERYONE TO STAND, RAISE THEIR RIGHT HAND AND RESPOND.
TO THE FOLLOWING OATH, 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.
ANYONE THAT MAY WISH TO SPEAK TONIGHT? AFTER THE CASE REVIEW AND THE STAFF REPORT, PLEASE STEP TO THE PODIUM.
STATE AND SPELL YOUR NAME FOR THE RECORD AND PLACE YOUR NAME ON THE SIGN END SHEET.
YOU MAY SIT, I SEE THERE'S NO OLD BUSINESS FOR TONIGHT.
UH, B C A CASE 23 DASH OH NINE.
APPLICANT SHARON LEONARD IS REQUESTING A VARIANCE FROM SECTION 1181 DASH 20.
PROPERTY IS LOCATED AT 76 0 1 SHALAMAR DRIVE.
MR. BEARD, CAN YOU READ YOUR STAFF REPORT? YES, SIR.
UH, THE OWNER IS REQUESTING A VARIANCE TO ALLOW CONSTRUCTION OF A REAR ADDITION THAT WILL ENCROACH INTO THE REQUIRED 40 FOOT REAR YARD SETBACK, AS CALLED OUT IN SECTION 1140 7.04.
AND IF APPROVED TO USE MATERIAL OTHER THAN BRICK FOR EXTERIOR SIDING AS REQUIRED IN THE SECTION 11 81 20, THIS CORNER LOT CONTAINS A SINGLE STORY.
THE PROPOSED EDITION WILL NOT ENCROACH INTO THE SECONDARY FRONTAGE ACCORDING TO THE HUBER RIGHT ZONING CODE SECTION 1140 7.04 AREA STANDARD.
THE REAR FOUNDATION OF THE HOUSE MUST BE SEPARATED FROM THE REAR PROPERTY LINE BY AT LEAST 40 FEET.
YOU DO HAVE AN ATTACHMENT CALLING OUT SETBACK REQUIREMENTS.
IN THIS CASE, THE PROPOSED REAR ADDITION WOULD HAVE ONLY 22 FEET, SEVEN INCHES OF SETBACK FROM THE PROPERTY LINE, THEREFORE REQUIRING A VARIANCE FOR CONSTRUCTION ACCORDING TO THE HUB.
RIGHT ZONING CODE SECTION 11 81 20, BUILDING MATERIALS FOR DWELLINGS.
ONE STORY DWELLINGS ALL EXTERIOR WALLS OF ONE STORY DWELLING SHOPPING, INSTRUCTED OF BRICK OR OTHER APPROVED MASONRY TYPE OF MATERIAL.
11 81 20 D THREE STATES, OTHER APPROVED MASONRY TYPE OF MATERIAL MEETS MASONRY MATERIAL APPROVED IN ADVANCE BY THE PLANNING COMMISSION SO AS TO BE HARMONIOUS AND APPROPRIATE IN APPEARANCE WITH THE EXISTING OR INTENDED CARRIER OF THE GENERAL, EXCUSE ME, INTENDED CHARACTER OF THE GENERAL VICINITY.
SO THAT SUCH USE WILL NOT CHANGE THE ESSENTIAL CHARACTER OF THE SAME AREA.
PARENTHETICALLY, AT THIS TIME, CITY COUNCIL HAS YET TO HEAR CASE TA, WHICH IS A TEXT AMENDMENT CASE 2314, PROPOSING A TEXT AMENDMENT TO ALLOW OTHER TYPES OF EXTERIOR CLADDING MATERIAL AS RECOMMENDED BY THE PLANNING COMMISSION.
THE FIRST READING OF THIS WILL BE AUGUST 8TH, 2023.
FOR REASONS OF ECONOMY, THE APPLICANT WISHES TO USE PREMIUM BOARD AND BAT AND SIDING.
FOR THOSE WHO DON'T KNOW, DICTIONARY.COM DEFINES THIS AS A SIDING CONSISTING OF WIDE BOARDS SET VERTICALLY WITH BUTT JOINTS COVERED BY SEAMS INSTEAD OF FULL DEPTH BRICK, THEREFORE REQUIRING A VARIANCE STAFF ANALYSIS.
THE LOT IS APPROXIMATELY 0.22 ACRES.
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EASEMENTS OR CITY UTILITIES TO CONSIDER.THE STRUCTURE IS A PROPOSED REAR ADDITION, OBVIOUSLY IN THE REAR YARD.
THE ENGINEERING DEPARTMENT HAS NO CONCERNS REGARDING THIS CASE.
IF YOU HAVE ANY QUESTIONS, I'LL TRY TO ANSWER THEM.
IS THERE ANY QUESTIONS FOR STAFF? UH, DO WE KNOW WHEN IT'S, THIS CASE IS GONNA COME UP IN FRONT OF THE CITY COUNCIL? UH, FIRST READING IS AUGUST EIGHT FOR, AND THAT'S FOR CONSIDERING OTHER A MODIFICATION TO 11 81 20 TO ALLOW OTHER TYPES OF EXTERIOR CLADDING.
UM, WOULD THIS BE, WOULD THIS BE CONSISTENT WITH THAT REQUIREMENT? UM, I DON'T KNOW THE DETAILS OF THAT TEXT AMENDMENT.
IF I WERE, IF, IF I MAY CONJECTURE HERE, I'M GUESSING THAT YES, THERE WILL BE OPTIONS SUCH AS CITING PROPOSED, BUT THAT'S SIMPLY, YOU KNOW, RECOMMENDATION OF PLANNING COMMISSION GOES TO CITY COUNCIL FOR A FINAL DECISION, AND THAT'S WHERE IT LIES.
HELLO? NO OTHER QUESTIONS? ANY OTHER QUESTIONS? MR. DEAN, DO YOU HAVE ANYTHING MR. MILLARD? I HAD ONE QUESTION, SIR.
AS FAR AS THE REPORT AND ALL THAT, I DON'T SEE THE DIMENSIONS HOW FAR THAT'S COMING OUT.
IS THAT ABOUT THE SAME DIMENSIONS OF WHAT THE PATIO IS NOW COMING OUT OF THE HOUSE? OH, UM, IT LOOKS TO ME LIKE, WELL, I I THINK THAT MIGHT BE A QUESTION BETTER ADDRESSED TO THE APPLICANT.
UM, I'M GUESSING THAT THE PATIO PROBABLY COMES OUT, IF I'M READING THIS CORRECTLY, ABOUT 12 FEET.
SO YES, THE, THE ADDITION IS, IS SUBSTANTIALLY FURTHER OUT THAN THE PATIO.
MS. NEWBY, WE'RE ON A BZ A CASE 2309.
DO YOU HAVE ANY QUESTIONS FOR THE STAFF? NO, I DON'T.
IF THERE'S ANYONE WHO WISHES TO SPEAK ON THE BEHALF OF APPLICANT, MR. LEONARD, DID YOU WANT TO COME UP AND SPEAK? YES.
PLEASE STATE YOUR NAME AND SIGN YOUR NAME.
THE ADDITION THAT I WANT TO DO IS TAKING A BEDROOM, HALF BATH OUT TO C TO MAKE THE HALF BATH, A FULL BATH, UH, PUTTING A WALK-IN, SHOWER IN.
UM, THE 12 FEET COMES OUT APPROXIMATELY THE SAME AS MY PATIO NOW, UM, WHICH HAS A COVER ON IT.
THE PATIO WILL NOT BE, WILL WILL REMAIN THERE.
UM, THE BOARD AND BATTEN SIDING HERE.
I HAVE A, A, UH, SAMPLE OF IT.
IF YOU, IF ANYONE WOULD LIKE TO TAKE A LOOK AT IT AND SEE, I ENCOURAGED HER TO BRING THAT IN CASE YOU MIGHT WANT TO LOOK AT IT.
AND THE REASON I CHOSE TO GO WITH THE SIDING WAS TO CUT DOWN THE COST OF THE BRICK, I THINK IN A STAFF REPORT, MAKE NOTE THAT IT, IT LOOKS LIKE THE SAME THING THAT'S IN THE DESIGN.
SO I YES, I, I I'M UNCERTAIN IT IS.
DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? NO.
ONLY QUESTION I HAVE IS, UM, WE HAVE TWO DIFFERENT CODES TO MAKE A DECISION ON.
ONE WOULD BE OF COURSE THE DISTANCE COMING IN YOUR BACKYARD.
THE SECOND ONE WOULD BE, UH, WHAT HE'S TALKING ABOUT FOR THE MATERIALS YOU HAVE ON THE BACKSIDE.
EVERYTHING WOULD BE SHOWN RIGHT THERE.
DO YOU HAVE ANY FLEX TO GO BACK TO BRICK? UM, DUE TO COST AT THIS TIME, NO.
I MEAN, POSSIBLY MAYBE HALF OF IT, YOU KNOW, FROM THE BOTTOM HALFWAY UP BRICK.
UM, BUT IT, IF I, IF I HAVE TO DO THE WHOLE BRICK, I PROBABLY WON'T DO IT.
IS THERE ANY MORE QUESTIONS FOR THE APPLICANT? OKAY, THIS
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TIME I'M GONNA GO AHEAD AND CLOSE THE HEARING.YOU SET IT FOR RIGHT NOW'S GREAT TO READ THE VARIANCES.
ALRIGHT, LET'S GO AHEAD AND READ THE VARIANCES.
WHETHER THIS PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE TO THE PROPERTY WITHOUT THE VARIANCE.
MADAM SECRETARY, MR. DEAN? YES.
WHETHER THE VARIANCE IS SUBSTANTIAL? MR. SCHAFER? NO.
KNOW WHETHER A CENTRAL CHARACTER OF A NEIGHBORHOOD WOULD SUBSTANTIALLY ALTERED OR WHETHER ADJOINING PROPERTIES WOULD SUFFER OF SUBSTANTIAL DETERMIN AS A RESULT OF THE VARIANCE.
WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENT SERVICES SUCH AS WATER, SANTER, SEWER, SEWER, OR GARBAGE REMOVAL.
WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION, MR. SCHAFFER? YES.
WHETHER THE PROPERTY OWNER'S PREDICAMENT FEASIBLY CAN BE AVERTED TO SOME OTHER METHOD THAN THE VARIANCE.
WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED IN SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.
CAN I HAVE A MOTION TO APPROVE THE VARIANCE? I'LL MAKE A MOTION TO APPROVE THE VARIANCE.
CAN I HAVE A SECOND? I'LL SECOND IT.
SECRETARY, CAN YOU CALL THE ROLL? ALRIGHT, SO WE ARE VOTING ON THE FIRST PART OF IT OR YOU WANNA SPLIT IT UP? ARE WE DOING IT ALL TOGETHER? IF I MAY ONE KIND OF FOLLOWS THE OTHER AT THIS POINT.
UM, I THINK IT'S THE BOARD'S DECISION WHETHER TO SPLIT THEM OR NOT.
WE DON'T KNOW WHAT THE TEXT AMENDMENT OUTCOME WILL BE, SO IT MAY BE IN THE BEST INTEREST OF EVERY ONE AT THIS TIME.
WE HAVE TO GO WITH WHAT THE CODE SAYS AT THIS TIME, WHEN IT WOULD REQUIRE THE VARIANCE ON BOTH.
SO WE HAVE AGREEMENT TO SPLIT 'EM OR COULD TOGETHER.
YOU YOU HAVE TO REDO THE MOTION.
YOU HAVE TO AMEND WHAT YOU GOT.
WHAT YOU'VE DONE AMEND THE MOTION TODAY.
WE WON'T DO ALL OF THE CRITERIA, BUT WE WILL HAVE TO REDO THE MOTION.
UH, SO IT SOUNDS LIKE WE HAVE A MOTION TO SPLIT THE 1181 DASH 20 AND 1181 DASH 20 D THREE.
DO I HAVE A PERSON AND SECOND COMMENDED? OKAY, SO THEORETICALLY, I THINK I HAVE TO WITHDRAW THE MOTION TO APPROVE BEFORE WE CAN DO A MOTION WITHDRAW THE, SO LET ME WITHDRAW THE MOTION TO APPROVE.
FIRST, WITHDRAW THE PERSON MOTION.
AND SECOND, YOU WANT TO WITHDRAW? YES.
AND MR. CHAIRMAN, UH, VICE CHAIRMAN, THAT'S 1147.
I BELIEVE YOU MAY HAVE SAID 1181 ON TWO OCCASIONS THERE.
I JUST WANNA MAKE SURE THAT THE RECORDING IS ACCURATE IN, IN WHAT WE'RE, IN, WHAT YOU'RE VOTING ON.
1147 IS THE SETBACK REQUIREMENT.
SO WE HAVE WITHDRAWN THE FIRST MOTION.
NOW YOU GOTTA MAKE THAT A MOTION.
NOW WE NEED A MOTION FOR 1147.
SO I'LL MAKE A MOTION TO APPROVE, UH, B C A CASE 2309 FOR THE 1147 SETBACK DASH OH FOUR.
SO WE ALL WENT THROUGH THE VARIANCES.
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GO AHEAD AND CALL FOR RULE.NOW I NEED A MOTION FOR THE 1181 DASH 20.
I'LL MAKE A MOTION TO APPROVE B C A CASE 2309 FOR THE 1181 DASH 22ND MOTION.
WE HAVE FIRST AND SECOND MADAM SECRETARY CAN ROLL.
SO WE HAVE A TITLE ON THE SECOND ONE.
SO WE HAVE A, IT'S AGREEMENT ON THE 11 47 0 4 A.
SO MS. LEONARD, OUR VOTE WAS ON THE 11 47 0 4.
THAT IS A SETBACK THAT PASSED TONIGHT AS FAR AS 1181 DASH 20, WHICH THAT'S THE BUILDING MATERIAL HAS FAILED.
IF IT'S TWO TO TWO VOTES OF AUTOMATIC FAILURE ON THAT.
SO IF YOU WANT TO GET WITH THE STAFF AND, YOU KNOW, SEE WHAT THE NEXT STEP IS OR SEE IF YOU WANT TO REDESIGN THE PLANTS OR SOMETHING LIKE THAT FOR THE APPROVAL OF THE CITY.
IS THERE ANY, UH, QUESTIONS? NO.
IF YOU'LL EXCUSE ME, I'LL CONFER WITH HER WHILE YOU'RE FINISHING UP.
THANK DON AND I BOTH GONNA BE HERE.
YOU DO THE, I KNEW YOU DO, YOU DID COME BACK AFTER THE FACT.
I I'M SORRY, MY MIND WAS MESSED UP.
I, I'M SAYING I HAD TO BE THERE AT SIX 30.
YOU WERE GONNA BE 20 MINUTES EARLY.
HUH? YOU WERE GONNA BE 20 MINUTES EARLY.
YEAH, THAT'S WHAT I SAID BECAUSE I TO YEAH.
SO WHAT HE NEEDS, I JUST ASK A QUESTION JUST FOR MY OWN KNOWLEDGE ON THE BRICK.
IS THE FULL BRICK, DOES THAT COUNT AS A BRICK ON A STRUCTURE? WHEN I'M COMING UP TO THE PODIUM? I CAN'T ANSWER AND DONNA HAVE TO ANSWER IT.
THAT WOULD BE SOMETHING WE CAN'T ASK AS A BOARD.
AND I'M SORRY, I'M AS A BOARD WE CAN'T ANSWER THAT BECAUSE WE ARE NOT THE EXPERTISE ON THE MATERIALS THAT WOULD HAVE TO COME FROM, UH, CITY STAFF.
I WAS LOOKING FOR MY OWN GENERAL KNOWLEDGE.
SO, SO I MEAN THAT WOULD BE SOMETHING IF I ISSUE, I WOULD REPRIMAND YOU TALK TO THE CITY BEFORE YOU, IF YOU, IF YOU THINKING ABOUT IT, TALK TO THEM.
THEY CAN GIVE YOU MORE DETAILS THAN WE COULD.
'CAUSE IN THE, THE CODE HERE IT SAYS BRICK OR OTHER APPROVED MASONRY TYPE OF MATERIAL.
I, I'VE SEEN SOME OTHER PLACES WHERE THEY REDO THEIR, OUTSIDE OF THEIR HOUSE.
THEY USED THE
I DUNNO IF YOU KNOW WHAT I'M TALKING ABOUT.
SO I WAS LIKE, I DON'T KNOW WHAT QUALIFY AND YOU COULD LOOK IT UP IN THE OHIO ADVISE CODE THAT'S GONNA, WE FOLLOW OKAY.
THAT THE OHIO VIS CODE, BUT THEY, THE CITY WOULD BE, HAVE MORE EXPERTISE ON THAT AND THE MATERIALS ENGINEER STUFF, IT'S, IT'S JUST, THIS IS ALL WE HAD DONE.
I HAVE A LOT OF TURKEY SNIPERS.
THAT'S THE ONLY REASON I GOT THAT
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PROBLEM ELECTION.OKAY, GO AHEAD AND CONTINUE HERE.
APPLICANT LON OV IS REQUESTING A VARIANCE FROM SECTION 1181 DASH OH FOUR D.
PROJECTIONS PROPERTY IS LOCATED AT 60 29 CHURCHILL DOWNS.
MR. MILLARD, CAN YOU READ THE STAFF REPORT? YES, SIR.
THE OWNER APPLICANT IS REQUESTING OF VARIANCE OF THE CITY OF RIDE ZONING CODE PERTAINING TO THE ALLOWABLE PROJECTION FOR A REAR PATIO COVER.
SECTION 1180 1.04 E OF THE ZONING CODE STATES A PATIO COVER OR PORCH SHALL NOT PROJECT INTO THE SIDE OR REAR YARD MORE THAN 16 FEET FROM THE BUILDING LINE OF THE DWELLING.
PROVIDED IT DOES NOT COME NEAR TO THE SIDE OR REAR LOT LINE THAN FIVE FEET.
THE OWNER WISHES TO CONSTRUCT A REAR PATIO COVER AND THE DESIGN CALLS FOR THE COVER TO EXTEND 21 FEET BEYOND THE REAR MOST FOUNDATION OF THE HOUSE.
THIS RESULTS IN THE PROPOSED COVER EXCEEDING CODE BY FIVE FEET IN PROJECTION.
THEREFORE, THE APPLICANT REQUIRES A VARIANCE.
THE STAFF ANALYSIS ALLOT IS APPROXIMATELY A QUARTER ACRE.
THERE ARE NO EASEMENTS INVOLVED WITH THIS PROPOSAL.
THE STRUCTURE IS A REAR PATIO COVER ZONING WOULD REMIND THE APPLICANT THAT THE ALLOWED PROJECTION IS MEASURED FROM THE FOUNDATION OF THE HOUSE, NOT THE EDGE OF THE EXISTING ROOF.
AND WE'LL ALWAYS MAKE THAT CLEAR.
UH, THE PLACEMENT PROJECT FROM THE WEST SIDE OF THE HOUSE.
UH, THE ENGINEERING DEPARTMENT HAS NO COMMENT OR CONCERN WITH THIS PROJECT.
DO WE HAVE ANY QUESTIONS FOR THE STAFF? NO.
WITH THAT BEING SAID, MR. OV, WOULD YOU WISH TO COME UP AND SPEAK? YES.
TO STATE YOUR NAME AND SIGN ON THE PAPER PLEASE? LON SHAKAR.
SO, UH, WE WANNA BUILD A PATIO COVER MADE FROM ALUMINUM.
AND THE REASON WHY I WANT TO DO 21 FEET AWAY FROM MY HOUSE IS BECAUSE MY DECK IS 20 FEET, UH, AWAY FROM THE HOUSE BY 28.
AND I WANT TO COVER THE WHOLE THING BECAUSE IF I DO 16, IT'S JUST GONNA HAVE POSTS IN THE MIDDLE AND I DON'T THINK THAT'S GONNA LOOK NICE AT ALL.
AND LIKE FIVE FEET OF MY DECK IS GONNA BE LIKE OPEN AT THE FRONT.
DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? I DO.
SO THIS IS AN ALUMINUM STRUCTURE? YES.
AND IT'LL HAVE A ROOF ON IT? YES.
AND THAT WILL, THAT ROOF OVERHANG THE EDGE LINE, IT'S GONNA BE 20 FEET, SAME AS THE DECK, AND THEN ONE FOOT HANGOVER SO IT DOESN'T RAIN ON THE DECK, BASICALLY.
UM, SO MY, MY CONCERN IS THAT THIS BOARD DOES NOT ENJOY SEEING AN APPLICANT A SECOND TIME WHEN AFTER CONSTRUCTION, SOMETHING IS BUILT AND IT IS SLIGHTLY BIGGER THAN WAS REQUIRED.
I CONFIRMED IT WITH THE BUILDERS.
TO MAKE SURE, YOU KNOW, IT'S NOT GONNA PASS 21 FEET, EVEN THE GUTTERS, IT'S WITHIN THE 21 FEET.
'CAUSE I KNOW YOU GUYS WANT THE EXACT MEASUREMENTS ON IT.
I I I'M JUST SUGGESTING IT DOESN'T HA HURT TO ASK FOR 22 FEET
UM, SO IT, BUT YOU HAVE TO ASK, NOT ME.
I WOULD LIKE, IF IT'S POSSIBLE FOR 22 FEET, YOU MAY ASK TO HAVE YOUR PROPOSAL AMENDED.
AND I'LL MAKE NOTES TO THAT PROPOSAL RIGHT NOW, FOLKS.
MS. TEAM, DO YOU HAVE ANY QUESTIONS? NO.
SO IT LOOKS LIKE WE'RE GOING TO HAVE A AMEND FOR B C A CASE 23 DASH 10 INSTEAD OF 21 FEET.
I GUESS WE'RE GOING FOR 22 FEET.
IS THERE ANY QUESTIONS FOR IT'S, IT'S A VARIANCE FOR SIX FEET.
AND IF I MAY, MR. VICE CHAIR, THIS IS, THE APPLICANT NEEDS TO KNOW THAT THIS IS A GOOD IDEA, BUT DON'T FEEL
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COMPELLED TO GO BEYOND YOUR ORIGINAL REQUEST.THIS IS WHAT WE CALL WIGGLE ROOM.
SO IF THERE'S NO MORE QUESTIONS FOR THE APPLICANT, I'LL GO AHEAD AND CLOSE THE HEARING FOR RECORD.
VICE CHAIR, YOU, YOU'RE NEED TO MAKE A NOTATION THAT THE, THE COMMITTEE VOTED ON RECOMMENDATION ON THE ADDITIONAL WHATEVER.
WHEN I DO, UH, THE MOTION TO APPROVE IT, I WILL GO AHEAD AND DO THAT FOR, BECAUSE CHANGE JUST CHANGES ONE.
SO TO START WITH, I NEED A MOTION TO AMEND THIS FROM THE 21 FEET TO 22 FEET.
CAN I HAVE A FIRST I'LL MAKE A MOTION TO AMEND TO, UH, 22 FEET.
THIS IS FOR THE AMENDMENT FIRST.
I JUST SAID THE WAY IT'S GONNA BE READ IN THE RECORD.
YOU WANNA DO THE VARIANCES FIRST? YEAH, WE'RE GONNA DO THE, DO THE VARIANCES.
THAT'S WHAT THE VARIANCE FIRST, SORRY.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OF WHETHER THERE COULD BE ANY BENEFICIAL USE TO THE PROPERTY WITHOUT THE VARIANCE.
WHETHER THE VARIANCE IS SUBSTANTIAL.
WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD SUBSTANTIALLY BE ALTERED OR WHETHER ADJOINING PROPERTIES WOULD SUFFER A SUBSTANTIAL DETERMINANT AS A RESULT OF THE VARIANCE? MR. DEEM NO.
WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE, EXCUSE ME, THE DELIVERY OF GOVERNMENT SERVICES SUCH AS WATER, SANITARY SEWER, OR GARBAGE REMOVAL.
WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH A KNOWLEDGE OF THE ZONING RESTRICTION, MR. DEAN? YES.
WHETHER THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE AVERTED TO SOME OTHER METHOD THAN THE VARIANCE MS. NEWBIE? NO.
WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.
CAN I HAVE FOR A MOTION TO APPROVE, BE THE A CASE 23 DASH ONE WITH ADMITTED DISTRICT? I'LL MAKE A MOTION TO APPROVE B Z A CASE 23 DASH ZERO.
MADAM SECRETARY, CAN YOU CALL THE ROLL MR. SCHAFER? YES.
MS. SHAKARA, YOU CAN GET WITH THE CITY AND, UH, GET THE PROPER PAPERWORK.
I'LL STEP OUT WITH YOU IN JUST A SECOND.
DO WE HAVE ANY ADDITIONAL BUSINESS? I DON'T SEE ANY OTHER THAN I DON'T WANT YOU TO FORGET ABOUT TUESDAY'S MEETING WITH COUNSEL.
SO ON TUESDAY THE EIGHTH, UH, THE B Z A IS COMING TO THE CITY COUNCIL MEETING TO DO THE REPORT.
MS. DUBY OR YOUR, IF YOU, IF SOME OF YOU ALL CAN'T COME, I DON'T STRESS YOURSELF, DON'T STRESS OUT.
SO WITH THAT BEING SAID, THE UPCOMING MEETINGS ARE SEPTEMBER 6TH, 2023 AND ALSO OCTOBER 4TH, 2023.
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AND THE VOLUNTEER APPRECIATION DINNER.WHAT DAY IS THAT? THE 13TH OF SEPTEMBER.
I'M MY CALENDAR 12 TO DECEMBER.
ALRIGHT, WE NEED TO ADJOURN THE MEETING.
THE MEETING'S ADJOURNED AT 6:33 PM NO TEXT VALID.