[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road October 4, 2023 6:00 P.M.]
[00:00:04]
I SHOULD CALL THE MEETING OF THE CITY OF HUBER HEIGHTS.
BOARD OF ZONING APPEALS TO ORDER.
MADAM SECRETARY, WILL YOU CALL THE ROLL PLEASE? MR. DAVIDSON? HERE.
MS. NEWBIE HERE WE HAVE ONE SET OF MINUTES FROM AUGUST 2ND, 2023 MEETING.
IF THERE ARE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THESE MINUTES, PLEASE SPEAK NOW.
SEEING NO COMMENTS OR CORRECTION, THOSE MINUTES WILL STAND APPROVED.
MAY I HAVE A MOTION TO APPROVE THE AGENDA FOR TONIGHT? I'LL MAKE A MOTION TO APPROVE THE AGENDA FOR TONIGHT.
IT'S BEEN MOVED BY MR. DEAN AND SECONDED BY MR. DAVIDSON THAT THE AGENDA FOR TONIGHT, OCTOBER 1ST, 2023, BE APPROVED.
IN ACCORDANCE WITH THE RULES OF THE BOARD OF ZONING APPEALS, ANYONE WHO WISHES TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA, THIS EVEN NEEDS TO BE SWORN IN.
I ASK EVERYONE TO STAND, RAISE THEIR RIGHT HAND AND RESPOND BY I DO TO THE FOLLOWING OATH.
DO YOU HEREBY SWEAR 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 CASE REVIEW, UH, REVIEW AND STAFF REPORT, PLEASE STEP UP TO THE PODIUM.
STATE AND SPELL YOUR NAME FOR THE RECORD AND PLACE YOUR NAME.
THERE'S A SIGN IN SHEET ON TOP OF THE PODIUM.
SINCE WE DON'T HAVE ANY, UM, OLD BUSINESS, WE WILL PROCEED TO GO TO THE NEW BUSINESS FOR TONIGHT.
THE FIRST ITEM ON THE NEWS BUSINESS IS B Z A CASE 2311.
THE APPLICANT J ROCK, JAZZ ROCK, JAZZ, ROCK ENTERPRISES, L L C IS REQUESTING A VARIANCE FROM SECTION 1190 1.01.
LOCATION, LOCATION PROPERTY IS LOCATED AT 43 60 TAYLORVILLE ROAD.
DON, CAN YOU READ YOUR STAFF REPORT? YES, MA'AM.
UH, THE OWNER IS REQUESTING OF VARIANCE OF THE CITY OF HUB BRIDE ZONING CODE PERTAINING TO THE PLACEMENT OF AN ACCESSORY BUILDING.
THE OWNER WISHES TO CONSTRUCT AN ACCESSORY BUILDING IN FRONT OF THE PRINCIPAL STRUCTURE, WHICH PLACES THE PROPOSED BUILDING IN THE FRONT YARD OF THE PROPERTY SECTION 1190 1.0.
ONE OF THE ZONING CODE STATES IN PART IN ANY 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 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 PLACEMENT WILL ALLOW THE OWNER TO BE IN COMPLIANCE WITH SECTION 15 21 0 6 C OF THE CITY FIRE CODE AS IT RELATES TO PROXIMITY TO A FIRE HYDRANT.
SECTION 1520 1.06 C STATES IN PART, HYDRANTS IN MULTIFAMILY AND COMMERCIAL DISTRICTS SHALL BE PLACED NOT MORE THAN 300 FEET APART, MEASURED ON THE MAIN AND NOT MORE THAN 400 FEET FROM ANY OPENING IN ANY BUILDING.
UH, THE BUILDING SEPARATION OF 10 FEET THAT YOU SEE ON YOUR PLAN IS SIMPLY A DESIGNATION OF SEPARATION.
ACTUAL SEPARATION AND PLACEMENT WILL BE COMPLIANT WITH ONLY BUILDING CODE REQUIREMENTS.
I HAD A CONVERSATION WITH THE, UH, FIRE ENGINEER THIS AFTERNOON AS SHE AGREED WITH THAT.
SO ONTO MY REPORT, UH, THE CITY ENGINEER HAS STATED THAT THERE IS NOT AN OPTION TO TAP THE 24 INCH WATER MAIN TO INSTALL A FIRE HYDRANT BRANCH.
DUE TO THE HIGH PRESSURE OF THE WATER MAIN, THE REMAINING OPTION IS TO PLACE THE BUILDING WITHIN 400 FEET OF THE NEAREST HYDRANT WITH THE FOOTAGE BEING MEASURED BY THE TRAVEL ROUTE FIRE APPARATUS MUST TAKE TO ACCESS THE BUILDING.
HENCE THE NEED TO PLACE THE BUILDING IN THE FRONT YARD.
THEREFORE, THE APPLICANT REQUIRES A VARIANCE STAFF ANALYSIS AS FOLLOWS, AOT IS APPROXIMATELY 2.8 ACRES.
THERE ARE NO EASEMENTS INVOLVED.
THE STRUCTURE IS A PROPOSED 60 BY 80 BY 18 FOOT ACCESSORY BUILDING.
THIS BOARD GRANTED A FOUR FOOT HEIGHT VARIANCE IN SEPTEMBER 2ND, 2020.
FOR THIS PROPERTY, FOR THE ACCESSORY BUILDING, UH, THE PLACEMENT WILL BE THE FRONT YARD AND FRONT OF THE OFFICE BUILDING.
UH, THE ENGINEERING DEPARTMENT HAS NO COMMENT OR CONCERN WITH THIS PROJECT AS APPLIED FOR.
IF YOU HAVE ANY QUESTIONS, I'LL CERTAINLY TRY TO ANSWER 'EM.
DID ANYONE ON THE BOARD HAVE ANY QUESTIONS FOR THE STAFF? IS THERE ANYONE FOR HERE FOR TO SPEAK FOR THIS? YES.
COULD YOU COME UP TO THE PODIUM PLEASE? COULD YOU STATE YOUR NAME AND SPELL IT FOR US FOR THE RECORD? JASPER
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SAMARA.SPELL IT FOR IT FOR THE RECORD.
AND COULD YOU SIGN IT ON IT? YES.
WHAT COULD YOU TELL THE BOARD? WHAT DO YOU WANT LIKE TO TELL THIS BOARD ABOUT THIS THIS CASE? UM, WELL, WE, UM, TRIED TO DO A SAME BUILDING IN THE BACK A COUPLE YEARS AGO WHEN WE HAD THE APPROVAL FOR THE HEIGHT IN THE BACK, AND THAT'S WHEN EVERYTHING GOT APPROVED.
AND THEN WE FIND OUT THAT, UM, A FIRE HYDRANT IS REQUIRED TO THE BUILDING IN THE BACK, WHICH WAS, UM, YOU KNOW, TOO MUCH COST AND IT CAN BE TAPPED.
SO THEN WE STOPPED THE PROJECT AND THEN, UM, YOU KNOW, NOW WE CAME BACK TO DO THAT.
IF WE COULD DO THE, UM, AT THE FRONT, IT'S KIND OF NOT REALLY AT THE FRONT THE WAY THE PROPERTY IS.
SO THE, UM, PROPERTY IS AS IT SHOWS KIND OF A, IN THE PICTURE, SO YOU SEE THE SEMIS ARE PARKED, SO IT'S GONNA BE FURTHER BACK WHERE THE LAST, UH, RED TRUCKS THAT YOU'RE SHOWING.
SO IT'S KIND OF BE OVER THERE FACING WHERE THE TRUCKS ARE FACING.
SO IT'S, IT'LL BE SIDE OFF THE GARAGE.
UM, SO PRETTY BACK, UH, HIDDEN.
UH, YOU KNOW, IT'S NOT LIKE IT'LL BE RIGHT ON THE ROAD.
UM, NOT VISIBLE AND THAT'S THE ONLY OPTION.
UM, WE HAVE TO PLACE THE BUILDING OVER THERE.
DO ANY BOARD MEMBER HAVE A QUESTION FOR THE APPLICANT? I DO.
UM, WHAT'S THE BUILDING GOING TO BE USED FOR? STORAGE.
I WOULD SAY THEY PARK, BUT IT'S NO TIRES OR ANY EQUIPMENT, UH, SMALL THAT WE HAVE LIKE A SKID STEER OR A STUFF THAT'S SAVED FROM THE WINTER.
'CAUSE THE BACK BUILDING THAT WE HAVE, IT IS ACTUALLY A SMALL BUILDING.
IT HAVE A SMALL GARAGE, THE ENTRANCE STUFF.
SO IT'LL BE JUST FOR THE STORAGE FOR THE WINTER.
ANYBODY ELSE HAS ANY QUESTIONS SINCE THERE NO FURTHER QUESTIONS'.
GONNA CLOSE THE CASE AND, UM, MOVE FOR THE BENCH.
YOU CAN HAVE A SEAT IF YOU'RE NOT FEELING WELL.
IF YOU NEED TO LEAVE, PLEASE FEEL FREE TO.
I'M GONNA START READING THE VARIANCE.
AND THEN, UM, FROM THAT WE'RE GONNA START WITH VARIANCE EIGHT.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY, ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE.
MADAM SECRETARY, WHAT YOU CALL THE ROLE.
WHETHER CENTRAL CHARACTERISTIC OF NEIGHBORHOOD WOULD BE SUBSTANTIAL ALTER WHETHER ADJOURNING PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICE SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE, GARBAGE REMOVAL? MR. SCHAFER? NO.
WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS, MR. DAVIDSON? YES.
WHERE THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE AVERTED THROUGH SOME OTHER METHOD OTHER THAN THE VARIANCE? MR. DEAN? NO.
WHERE THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANT AND VARIANCE.
CAN I HAVE A MOTION TO APPROVE THE VARIANCE? I'LL MOVE TO APPROVE THE VARIANCE.
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I'LL MAKE A SECOND, PLEASE.IT'S BEEN MOVED BY MR. MARK AND SECOND BY MRS. SCHAFER, THAT THE VARIANCE BE APPROVED.
IS THERE ANY QUESTION ON THE MOTION? IF THERE'S NO QUESTION ON THE MOTION, MAY WE HAVE A A VOTE PLEASE.
THE VARIANCE PASSES FIVE TO ZERO.
YOU NEED TO GET WITH, UH, CITY STAFF MEMBERS FOR ANY ADDITIONAL INFORMATION THEY THAT MIGHT NEED.
HEY, I'M HAVE TO GO BACK TO SCHOOL TOMORROW.
WE WILL PROCEED TO THE SECOND CASE B Z A CASE 2312.
APPLICANT
PROJECTION PROPERTY IS LOCATED AT 70 63 GULFSTREAM PLACE.
THE, UH, OWNER APPLICANT IS REQUESTING A VARIANCE OF THE CITY OF HUBER RIGHT ZONING CODE PERTAINING TO THE ALLOWABLE PROJECTION OF A REAR PATIO COVER SECTION 11 81 0 4 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 OF THE 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 REARMOST FOUNDATION OF THE HOUSE.
THIS RESULTS IN THE PROPOSED COVER EXCEEDING CODE BY FIVE FEET IN PROJECTION.
THEREFORE, THE APPLICANT REQUIRES A VARIANCE STAFF ANALYSIS AS A FOLLOWS.
A LOT IS APPROXIMATELY 0.25 ACRES.
THERE ARE NO EASEMENTS INVOLVED WITH THIS PROPOSAL.
THE STRUCTURE IS A REAR PATIO COVER.
ZONING REMINDS THE APPLICANT THAT THE ALLOWED PROJECTION IS MEASURED FROM THE FOUNDATION OF THE HOUSE, NOT THE EDGE OF THE EXISTING ROOF.
THE PLACEMENT WILL BE REJECTING FROM THE SOUTH SIDE OF THE HOUSE.
UH, THE ENGINEERING DEPARTMENT HAS NO COMMENT OR QUESTION WITH THIS PROJECT.
I'LL ANSWER ANY QUESTIONS IF YOU HAVE ANY.
YOU WOULDN'T HAVE ANY QUESTIONS FOR STAFF.
SIR, WOULD YOU LIKE TO SPEAK ON BEHALF OF THIS, THIS CASE? UH, YOU TALK TO THE PODIUM, STATE YOUR NAME AND RE I MEAN SPELL YOUR NAME AND THEN SIGN THE THING FOR US.
FIRST NAME IS Y A S I N AND LAST NAME IS S H A K A R O V.
WHAT CAN YOU TELL, IS THERE ANYTHING YOU'D LIKE SPECIFICALLY TELL THE BOARD, UM, ON THIS, ON YOUR CASE? UM, NOT REALLY.
ANY PERSON ON THE ON THE BOARD HAS ANY QUESTIONS FOR THE APPLICANT.
MR. SCHAEFFER? SO I GUESS I HAVE A DESIGN QUESTION WITH REGARDS TO THE COVER ITSELF.
IS IT GONNA BE A FLAT TOP OR IS IT UH, UH, GONNA BE A ROOF.
HOW'S IT ROOFED? IT'S GONNA BE FLAT.
LIKE, UH, IT'S GONNA LIKE FROM THE BA IF THIS IS THE HOUSE, IT'S GONNA GO LIKE THIS.
I GUESS MY, MY CONCERN IS THIS, THAT THE DECK IS PRETTY TALL IN THE CORNER.
AND YOU'RE ONLY ALLOWED TO ATTACH AT THE 14 FOOT POINT.
AND SO IF YOU, IF, IF YOU ATTACH IT TO 14 FOOT FROM THE GROUND MM-HMM.
IT'S GONNA BE ATTACHED TO THE, UH, DECK ITSELF.
SO IF I WERE STANDING AT THE EDGE OF THE DECK OKAY.
CAN, CAN I STAND UNDER IT WITHOUT IT IN MY HEAD AND STILL HAVE A SLOPE THAT'S NOT TOO HIGH WHEN IT ATTACHES TO THE BACK OF THE HOUSE? 'CAUSE IT CAN'T BE ANY HIGHER THAN 14 FEET AT THE BACK OF THE ROOF.
IT SHOULD BE 14 FEET FROM THE FROM, AND YOU'LL, THE CITY WILL TELL YOU EXACTLY WHERE THEY MEASURE FROM.
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THAT, THAT BLACK LINE ON THE BACK THERE, ON THE, WHERE THE HOUSE IS UHHUH,SO IF THAT'S NOT A VERY STEEP SLOPE, THAT'S GONNA HAVE TO BE A REALLY STRONG CANOPY IN ORDER TO HOLD A LOT OF SNOW.
'CAUSE IF YOU GET SIX OR EIGHT INCHES OF SNOW ON TOP OF THAT AND IT DOESN'T HAVE ANY SLOPE, IT'S JUST GONNA HOLD, IT'S A LOT OF WEIGHT.
I MEAN, I'M NOT THE CONSTRUCTION GUY.
SO WHOEVER IS BUILDING IT, OKAY.
LIKE, I'M PRETTY SURE THEY KNOW IT.
SO, I MEAN MY, THIS, THIS IS MY ONLY CONCERN.
AND IF I MAY, AND, AND YOUR CONCERN WAS LEGITIMATE, WE ALWAYS, UH, GIVE INFORMATION OR RECOMMEND THAT THESE UH, UH, FOLKS HAVE THEIR CONTRACTOR CONTACT MONTGOMERY COUNTY BUILDING DEPARTMENT.
BECAUSE LIFT AND LOAD IS ALWAYS A CONCERN OF THIS TYPE OF CONSTRUCTION.
SO I MEAN, IT'S, IT'S, THIS ISN'T THEIR CONCERN THAT'S GONNA SAY YAY OR NAY TO THIS.
I JUST, MY CONCERN IS THIS MM-HMM.
WELL THEN THE TIME TO ASK FOR THAT 15 FEET INSTEAD OF 14 FEET IS NOW NOT AFTER IT HAPPENS.
YOU SEE WHAT I'M SAYING? CAN WE GO BACK, GO BACK TO THAT PICTURE, THE PREVIOUS ONE.
I JUST, CAN I, CAN I JUST MAKE SURE MM-HMM.
WE TALKING ABOUT THIS SIDE, RIGHT? FROM LIKE A GROUND TO LIKE THIS ONE.
WELL, AT, AT THE, SO 14 FEET IS AT THE BACK WHERE IT'S GONNA ATTACH TO THE HOUSE.
SO WHEN I LOOK AT THAT RED LINE, IT LOOKS LIKE'S A SLOPE.
SO THE BACK OF THAT ROOF LINE, THE BACK OF THE, OF THE ROOF AGAINST THE HOUSE WHERE PASSES TO THE HOUSE.
HAS TO BE AT 14 FEET, NOT THE FRONT.
PAUL, I COULD PROBABLY HELP YOU WITH THAT.
I, I COME OUT THE OTHER DAY AND I THINK I TALKED TO YOUR WIFE, UM, MATTER, MATTER OF FACT, UM, WE HAD A RELATIVE JUST TWO MONTHS AGO FOR ABOUT THE SAME THING.
WE KIND OF CONVINCED THEM THAT THEY MIGHT WANT TO PROJECT A LITTLE BIT HIGHER 'CAUSE YOUR BACKYARD SLOPES VERY FAST.
AND SAME THING WITH, UH, PAUL IS SAYING THERE, I THINK YOU'RE GOING TO HAVE A HEIGHT VARIANCE PROBLEM, WHICH IS NOT GONNA BE IN COMPLIANCE.
THAT'S WHAT WE'RE SAYING ON THERE.
IF I MAY, THE CONCERN HERE IS THAT, AS MR. SHAVER SAID, IF WE GET A FOOT OF SNOW AND YOU DON'T HAVE ENOUGH SLOPE TO LET NATURE TAKE ITS COURSE AND DRAIN THAT AWAY, WILL THAT STRUCTURE HOLD THAT SNOW? THAT'S WHY IT'S IMPORTANT YOU HAVE THE BUILDING PERMIT, BUT ALSO THAT YOU HAVE ENOUGH SLOPE FOR SNOW MELT TO EXIT THAT ROOF WITHOUT JUST LYING THERE BECOMING HEAVY, BECOMING WET AND POSSIBLY AFFECTING THE STRUCTURE ITSELF AT SOME POINT.
SO IF BY ASKING FOR ANOTHER FOOT OF HEIGHT AT THE HOUSE, WHETHER YOU NEED IT OR NOT, YOU HAVE THAT CUSHION.
AM I CORRECT? AM I INTERPRETING YOUR CONCERN CORRECTLY? EXACTLY RIGHT.
SO IF YOU THINK IT'S GONNA BE 14, AND I'M, I'M CONCERNED 'CAUSE IT LOOKS LIKE THE, THE, THE DECK DECK OF THE DECK IS PROBABLY ABOUT FOUR, FIVE FEET OFF THE GROUND IN THAT CORNER.
SO IF IT'S FIVE FEET THERE AND I ADD EIGHT FEET, THAT'S ONLY, THAT'S 13 MM-HMM.
AND NOW I'M TALKING ABOUT RISE OVERRUN IN ORDER FOR THE SLOPE OF 21 FEET AND ONLY ONE FOOT OF RISE.
AND SO I'M THINKING THE BUILDER, IF HE'S THINKING HE'S GOT 14 FEET ON THE FRONT END AND HE CAN GO TO 18 OR 19 ON THE BACK, THAT'S A PROBLEM.
'CAUSE HE CAN'T, HE CAN ONLY GO TO 14 FEET ON THE BACK WHERE HE ATTACHES TO THE HOUSE AND 14 FEET.
HE'S I'M JUST THINKING YOU'RE GONNA HAVE A PROBLEM LIKE ON THE HOUSE SIDE, IT SHOULD BE 14 FEET.
THE HOUSE SIDE SHOULD BE 14 FEET.
SO IF YOU'RE, IF YOU'RE AT 14 FEET THERE AND YOU START TO SLOPE AWAY WHEN YOU GET 21 FEET AWAY MM-HMM.
SO YOU'RE GONNA BE DUCKING UNDERNEATH THE ROOF.
THE, UH, THAT BIG DOOR IS LIKE, UM, ABOUT, I THINK IT WAS LIKE FOUR FEET HIGH FROM THE GROUND.
I SEE WHAT YOU'RE TALKING ABOUT.
YOU MAY REMEMBER WHEN WE, WHEN WE DISCUSSED THIS MM-HMM.
THE DECK'S NOT FACTORED IN HERE TO THE HIGHEST POINT OF THE ROOF, TO THE HIGHEST POINT OF THE ROOF OF WHAT YOU'RE BUILDING.
AND THEN YOU GOT YOUR SLOPE DOWN.
SO HERE, AND IT HAS TO COME DOWN YOUR SLOPE THERE.
SO THE ADVICE IS GIVE YOURSELF SOME ADDITIONAL ROOM AND ALL YOU HAVE TO SAY IS,
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I'D LIKE TO MODIFY THIS, I BELIEVE, BUT I'LL TURN THAT OVER TO THE CHAIR AND THE SECRETARY TO SAY WHAT THE PROCEDURE IS TO MAKE THAT MODIFICATION.WHEN I WENT OUT THERE AND SAW IT, SAME THING WHAT PAUL'S SAYING, I I WHAT THESE PLANS THAT WE SUBMITTED IN HERE MM-HMM.
AND, AND JUST WHAT I'VE SEEN TRYING TO SAVE YOU TROUBLE LATER, THE BOARD IS VERY, I THINK SAVE YOU TIME.
WE ARE VERY FICKLE ABOUT ASKING FOR PERMISSION LATER.
IT, IT'S BEST TO ASK BEFORE RATHER THAN AFTER.
SO IF I, IF I WERE YOU, AND I'M NOT TELLING YOU WHAT TO DO IF I WERE YOU, I MIGHT ASK THAT TO BE 16 FEET AT THIS POINT.
YOU KNOW, IF I DON'T USE IT ALL, THAT'S FINE.
BUT YEAH, PLEASE, BECAUSE I, I'M, I'M A MECHANIC.
SO, SO ALL YOU HAVE TO DO IS ASK FOR AN AMENDMENT RIGHT NOW.
I'D LIKE TO AMEND MY APPLICATION TO 16 FEET.
AND I THINK WE CAN ACCOMMODATE, I WOULD LIKE TO ADMIT MY APPLICATION TO 16 FEET.
I'LL BE, THAT'S, SO I'LL MAKE A MOTION THAT WE ACCEPT THE, UH, THE, UH, AMENDMENT TO HOLD UP.
LEMME SEE WHAT SECRETARY, WHAT HER STUFF IS.
HOLD UP BEFORE YOU MAKE A MOTION.
THE VARIANCE REQUEST WAS TO EXCEED THE 16 FOOT PROJECTION LIMIT.
THERE WAS AT THE TIME, THERE WAS NO REQUEST TO EXCEED THE HEIGHT LIMIT.
SO WHAT WE'RE DOING IS, IS CHANGING THAT TO ALLOW THE APPLICANT TO EXCEED THE HEIGHT LIMIT THAT WOULD BE IMPOSED BY AN INSPECTION.
AND AS MR. SCHAFER POINTS OUT, ASK FOR PERMISSION NOW, NOT FORGIVENESS LATER.
SO GIVE YOURSELF PLENTY OF ROOM.
YOU DON'T HAVE TO USE IT ALL, BUT YOU HAVE THE ABILITY TO USE IT AND WE'LL MODIFY ALL THE RECORDS ON THE APPLICATION TO INDICATE THAT.
REALLY JUST TRYING TO HELP YOU OUT.
AND I THINK THAT'S YOUR FAMILY OVER ON THE OTHER SIDE STREET.
THEY HAD TO DO THE SAME THING.
THEY HAD TO CHANGE YOUR HOUSE.
UH, THAT, THAT'S MY BROTHER ACTUALLY.
YEAH, BECAUSE I STOPPED AND TALKED TO THEM FIRST YEAH.
AND THE ROOF STYLE IS VERY COMMON IN ELECTION PLACE.
UH, THERE'S PROBABLY ABOUT, I WOULD SAY EIGHT OR NINE DIFFERENT HOUSES HAVE THAT FLAT ROOF WITH THE TAPER.
SORRY, IT'LL COST YOU A LITTLE BIT OF TIME ON THE FRONT END, BUT NO MORE MONEY.
SO
WE WANTED TO VERIFY THE SECTION OF CODE THAT WE'RE GOING TO REFER TO.
AND WHAT FEET WERE WE GOING TO? 16.
AND AGAIN, IT DOESN'T HAVE TO BE 16.
WE'RE JUST GIVING YOU THAT LITTLE BUFFER.
SO THE FIRST THING WE'RE GOING TO DO IS AMEND THE VARIANCE THAT ORIGINALLY WHERE YOU ASKED FOR 14 FEET, WASN'T IT? SO THIS PART'S STAYING, WE'RE ADDING THIS PART.
BUT THEN WE'RE GONNA MODIFY IT.
ADD WE'RE GONNA ADD TWO MORE FEET TO THE VARIANCE AND TO MAKE IT FOR NINE, UH, 1190 1.016 TO SECTION 11 91 0 1.
SO I WILL MAKE AN AMENDMENT TO ADD A VARIANCE FOR 11 91 0 1 AT 16 FEET TO B Z A CASE 2312.
DO I HAVE A SECOND ON THAT MOTION? I SECOND.
AND SECOND THAT IT, THAT THE VARIOUS WILL BE MODIFIED TO 11 91 0 1 BY TWO FEET.
IS THERE ANY QUESTION ON THE MOTION? OKAY.
SEEING NO QUESTION ON A MOTION, MAY I HAVE A, OH, I GOTTA GO THROUGH THIS AND YOU, AND YOU MAP THAT YOU SUBMIT NOW.
READ THE VARIANCE ON THIS CASE.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN.
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GOT A CLOSE CASE.UH, NOW I'LL READ THE VARIANCE STANDARDS.
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 THE ROAD PLEASE.
WHETHER THE VERY SUBSTANTIAL MR. MOCK NO.
WHETHER THE CENTRAL CHARACTERISTICS OF NEIGHBORHOOD WOULD BE SUBSTANTIAL ALTER WHETHER ADJOURNING PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GAR GARBAGE REMOVAL? MR. DAVIDSON? NO.
WHETHER THE PROPERTY OWNER APPROACHED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION, MR. DEAN? YES.
WHERE? THE PROPERTY OWNER PREDICTIVE FEES, WE CAN BE AVERTED THROUGH SOME OTHER METHOD OTHER THAN THE VARIANCE.
WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANT AND DE VARIANCE.
MAY I HAVE A MOTION TO APPROVE THE VARIANCE AS AMENDED? AS AMENDED? I, I WILL, UH, MAKE A MOTION TO APPROVE THE VARIANCE AS AMENDED.
MAY I HAVE A SECOND? I'LL SECOND.
IT'S BEEN MOVED BY MR. SCHAEFFER.
SECOND BY MR. MARK THAT WE APPROVE THE VARIANCE AS AMENDED.
IS THERE ANY QUESTION ON THE MOTION? SEEING NO QUESTION ON THE MOTION, MAY I HAVE A VOTE PLEASE? MR. DAVIDSON? YES.
YOU NEED TO GET WITH THE CITY, SEE IF THERE'S ANY ADDITIONAL STUFF THAT THEY MIGHT NEED.
I'LL WAIT UNTIL YOU FINISH UP.
ARE THERE ANY ADDITIONAL BUSINESS OKAY, FOR YOUR RECORD UPCOMING NEXT UPCOMING MEETINGS.
NOVEMBER 1ST AND DECEMBER THE SIXTH.
SINCE WE HAVE NO ADDITIONAL MEET, UM, BUSINESS.
MAY I HAVE A MOTION TO ADJOURN? MADAM CHAIR? I HAVE ONE ADDITIONAL BUSINESS.
UM, I WILL BE RESIGNING IN DECEMBER'S MEETING, SO IF ANYBODY HAS ANYBODY THINKING ABOUT TAKING MY SPOT OR SOMETHING LIKE THAT, JUST PUT THE FEELER OUT THERE.
WE, WE SAW THAT ALREADY HAVE ALREADY ADVERTISED.
SO WE FULLY WILL, APPLICATIONS HAVE TO BE IN BY OCTOBER 30TH.
WELL, GOOD LUCK ON YOUR PROCEEDING AS FUTURE CITY COUNCIL.
CAN I HAVE A MOTION TO ADJOURN? I'LL MAKE A MOTION TO ADJOURN.
SECOND WHO DON'T NEED TO VOTE? THE MEETING IS AUR UNTIL NOVEMBER.