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[00:00:03]

YES,

[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road November 1, 2023 6:00 P.M.]

I SHOULD CALL THE MEETING OF THE CITY OF HUBBERT HEIGHTS.

BOARD OF ZONING APPEALS TO ORDER.

MADAM SECRETARY, WILL YOU PLEASE, UM, CALL THE ROLE MR. DAVIDSON? HERE.

MR. DEAN? HERE.

MR. MOCK? HERE.

MR. SCHAFER? HERE.

MS. NEWBY HERE WE HAVE ONE SET OF MINUTES FROM OCTOBER 4TH, 2023 MEETING.

IF THERE ARE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THESE MINUTES, PLEASE SPEAK NOW.

HEARING NO COMMENTS? UM, WE SEEING NO COMMENTS OR CORRECTIONS? THOSE MINUTES? STAND APPROVE.

OKAY.

MAY I HAVE A MOTION TO APPROVE THE AGENDA FOR WEDNESDAY, NOVEMBER 1ST, 2023.

I MAKE A MOTION TO APPROVE THE AGENDA FOR NOVEMBER 1ST, 2023.

IT'S BEEN MOVED BY MR. DAVISON AND, UH, SECOND BY MR. SCHAFER THAT THE MINUTES FOR TONIGHT MEETING BE APPROVED.

AGENDA, I MEAN, I'M SORRY, THE AGENDA BE APPROVED.

ARE THERE ANY OBJECTIONS? SO YOU NO OBJECTORS WILL PROCEED TO THE NEXT ITEM ON THE AGENDA THAT WE WILL FOLLOW TONIGHT 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 WOULD ASK EVERYONE TO STAND THAT'S GOING TO COME AND SPEAK AT THE PODIUM AND SPEAK, BUT YOU CAN STAND WHERE YOU'RE SITTING IF YOU PLAN TO SPEAK ON A CASE, UM, TO STAND AND RAISE YOUR RIGHT HAND AND, UM, AND RESPOND.

I DO.

TO THE FOLLOWING OATH, DO YOU HEREBY SWEAR OR AFFIRM ON THE THREAT OF PER YOU TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.

I DO.

THANK YOU.

UH, WHEN WE PROCEED TO YOUR CASE, ANYONE THAT MAY WISH TO SCREEN TONIGHT AFTER YOUR CASE IS HEARD, AFTER THIS, UH, THE STAFF OF THE CITY GIVE THEIR, UH, SCENARIO OF THE CASE REVIEW, UH, AND REPORT.

YOU COULD PLEASE COME TO THE PODIUM, STATE YOUR NAME AND SPELL YOUR NAME, AND THERE'S A, UH, SIGN IN SHEET ON THE PODIUM, AND WE WANT YOU TO WRITE YOUR NAME.

SINCE THERE'S NO OLD BUSINESS, WE WILL GO AHEAD AND PROCEED TO THE NEW BUSINESS.

AND THE FIRST NEW BUSINESS IS BZA CASE 2313.

THE APPLICANT, PEGGY HILTY KAUFMAN, IS REQUESTING OF VARIANCE FROM SECTION 11 41 0 1 PRINCIPAL PERMIT, PERMIT USE.

UH, PROPERTY IS LOCATED AT 1955 A ADAM ROAD.

DON, CAN YOU, UH, READ YOUR STAFF REPORT PLEASE? YES, MA'AM.

THANK YOU.

UH, THE, UH, PROPERTY IN, UH, THIS EVENING IS AN AGRICULTURAL PROPERTY AS ALL THE SURROUNDING PROPERTIES.

UM, THE APPLICANT IS REQUESTING A VARIANCE FROM THE CITY OF IDE ZONING CODE TO ALLOW CONSTRUCTION OF A SECOND SINGLE FAMILY DWELLING SECTION 11 42 0 1 OF THE ZONING CODE STATES THE FOLLOWING USES SHALL BE PERMITTED OF ALL PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT.

OTHER USES MAY BE CONSIDERED AND APPROVED BY THE BOARD OF ZONING, APPEALS TO BE OF SIMILAR CHARACTER AND THEREFORE PERMITTED A AGRICULTURAL OR BUILDINGS AND STRUCTURES COMMONLY REQUIRED FOR THE OPERATION OF A FARM.

B ONE FAMILY DWELLINGS OR TWO FAMILY DWELLINGS WHEN LOCATED ON FIVE ACRES OR MORE.

THE PROPERTY IS A MULTI-GENERATION OWNED PROPERTY.

THE PROPOSED ADDITIONAL DWELLING WILL BE FOR MRS. HILTY KAUFMAN TO RESIDE IN WHILE THE REST OF THE FAMILY WILL REMAIN IN THE CURRENT DWELLING.

THERE IS AMPLE SPACE FOR A SECOND DWELLING, AND SINCE THE FAMILY ALSO OWNS THE LAND TO THE WEST, THERE IS NO IMPACT ON THE NEIGHBOR.

THE ZONING CODE LIMITS HOUSING ON AN AGRICULTURAL PROPERTY TO ONE SINGLE FAMILY DWELLING OR TWO FAMILY DWELLINGS.

ALSO KNOWS A DUPLEX.

THEREFORE, THE APPLICANT REQUIRES A VARIANCE.

STAFF ANALYSIS OF THE PROPERTY IS AS FOLLOWS, A LOT AS APPROXIMATELY 5.022 ACRES.

THERE ARE NO EASEMENTS INVOLVED WITH THIS PROPOSAL.

THE STRUCTURE WILL BE A SINGLE FAMILY HOME PLACEMENT WILL BE ON THE WESTERN PORTION OF THE PROPERTY.

THE ENGINEERING DEPARTMENT HAS NO COMMENT OR CONCERN WITH THIS PROJECT.

THE CITY PLANNER HAS NO OBJECTION THAT SAYS THIS IS A COMMON BUILD ON FAMILY OWNED AGRICULTURAL PROPERTIES.

UH, AS YOU CAN SEE BY YOUR DRAWINGS, I HAVE REPRESENTATIONAL OF WHERE THE PROPOSED HOUSE WILL BE PLACED.

THERE ARE ALSO SETBACKS THAT ARE KNOWN THAT IS SCALED.

THEY REQUIRE 30 FOOT SIDE YARD SETBACK FOR THE HOUSE ON AN AGRICULTURAL PROPERTY.

THEY'LL HAVE NO PROBLEMS MEETING ANY OF THOSE SETBACKS.

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

DO MEMBERS OF THE BOARD HAVE ANY QUESTIONS FOR THE STAFF? DON? I, I GUESS I

[00:05:01]

ONLY HAVE REALLY ONE QUESTION AND I'M, I'M NOT SURE IF YOU'RE GONNA BE ABLE TO ANSWER IT OR MAYBE THE, THE RESIDENTS, UM, WHY ARE THESE TWO SEPARATE? LOTS? THEY JUST HAVE TO USE SEPARATE PARCELS ALREADY.

YOU KNOW, IT'S, THEY CAN PROBABLY ANSWER THAT QUESTION FOR YOU BETTER THAN I CAN.

OKAY.

WELL, WE'LL, WE WILL WAIT BACK.

THANK YOU.

YES, BUT I, I WOULD DEFER TO THE PEOPLE WHO HAVE OWNED IT FOR FOUR OR FIVE GENERATIONS TO ANSWER THAT QUESTION.

THANK YOU.

YOU'RE WELCOME.

ANYBODY ELSE HAVE ANY QUESTIONS? OKAY.

IS THERE SOMEONE WHO WISHES, UM, TO SPEAK ON BEHALF OF THE APP? YOU KNOW, YOU CAN COME UP TO THE PODIUM.

YOU WANNA YEAH, IF YOU COULD STATE YOUR NAME AND SPELL IT FOR THE RECORDS.

PEGGY, P-E-G-G-Y-H-I-L-T-Y.

HILTY KAUFMAN.

K-A-U-F-F-M-A-N.

OKAY, THANK YOU.

AND THEN YOU CAN PUT IT ON THERE AFTER YOU GET TO RIGHT NOW THERE.

AND THIS IS MY SON.

OKAY.

WE'RE GONNA GET HIM IF HE'S GONNA TESTIFY, HE'S HAVE TO GET HIS SAY.

MY NAME'S TIM, T-I-M-L-T-H-I-L-T-Y.

PEGGY'S SON.

MS. HAR, IS THERE SOMETHING YOU WOULD LIKE FOR THE BOARD TO SAY TO THE, THE BOARD ABOUT YOUR, UM, APPLICATION? WELL, THE REASON WE'RE DOING IT, UM, MY FIRST HUSBAND PASSED AWAY, AND SO THEN I WAS LEFT WITH THE 45 ACRES AND I HAD A SON THAT WAS INTERESTED IN, UH, MAYBE BUILDING OR DOING SOMETHING ON THE LAND.

SO I PUT ME OFF FIVE ACRES IN THE MIDDLE.

AND SO THAT'S HOW WE GOT IT NOW.

AND, UH, I REMARRIED AND MY SECOND HUSBAND JUST PASSED AWAY ABOUT THREE MONTHS AGO.

AND THEY'RE TALKING ABOUT THE HOUSE I LIVE IN IS VERY LARGE AND, UH, THEY'VE TALKED ABOUT PUTTING, PUTTING A SMALL, MAYBE A TWO BEDROOM HOME BACK THERE AND ON AT ONE LEVEL.

SO I ALSO WILL BE ABLE TO LOOK OVER AT THE POND.

THEY'VE GOT A TWO ACRE POND AND I CAN SEE WHAT'S GOING ON.

SO THAT'S THE REASON THAT WE WANTED TO PUT A SECOND HOME ON.

IT'LL STILL, THE, THE PROPERTY WILL STILL SAVE, SAVE THE FAMILY, THE HOUSE.

OKAY.

ANYTHING ELSE? ANY, ANY, ANY ANYONE ON THE STAFF HAVE ANYTHING FOR MS. MRS H? SHE, I THINK SHE ANSWERED MY QUESTION.

SHE ASKED DID SHE, SHE ASKED A QUESTION.

OKAY.

ANYONE ELSE? DO THE SON WISH TO SAY ANY? NO.

I JUST REITERATE WHAT MOM'S, YOU KNOW, IF SHE'S GETTING UP IN AGE, IN THE HOUSE THAT SHE'S IN MAKES A LOT MORE THAN SHE'S NEEDS OR WANTS TO TAKE CARE OF.

IT'S GOT STAIRS AND STEPS AND WHOLE BASEMENT FINISHED.

TRYING TO FIND A WAY TO, TO ACCOMMODATE HER FINAL YEARS IN A PLACE THAT'S ACCOMMODATING FOR HER.

SHE HAS A GOLF CART.

UM, GET AROUND THE FARM.

UH, WE, WE TREAT IT WITH ONE PROPERTY.

IT'S TWO PROPERTIES, BUT IT'S ALL ONE, ONE BIG FAMILY PROPERTY.

SO IT'S JUST GONNA BE REALLY NICE FOR HER TO BE ABLE TO STAY, PUT IN A SAFE PLACE AND, UH, KEEP AN EYE ON HER AND MAKE SURE THAT THE OKAY.

THANK YOU.

WE, WE, UM, SORRY FOR YOUR LOSS AND THANK YOU FOR SHARING THE INFORMATION WITH US.

ABSOLUTELY.

IF YOU ALL DON'T HAVE ANYTHING ELSE, NOPE, I WILL CLOSE THIS CASE.

YOU, YOU CAN.

OKAY.

THANK YOU.

AND I WILL READ THE VARIANCES.

OKAY.

WHETHER THE PROPERTY IN QUESTION WOULD YIELD A REASONABLE RETURN OR WHETHER THE THERE WOULD BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE.

MADAM SECRETARY, PLEASE CALL THE ROLE.

MR. DAVIDSON? YES.

MR. DEAN? YES.

MR. M? YES.

MR. SCHAFFER? YES.

MS. NEWBIE? YES.

WHERE THE VARIANCE IS SUBSTANTIATE.

MR. DEAN? YES.

MR. MOCK? YES.

MR. SCHAFFER? NO.

MR. DAVIDSON? NO.

MS. NEWBIE? NO.

OKAY.

WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WILL BE SUBSTANTIAL ALTER, OR WHETHER JOURNEY PROPERTIES WILL SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.

MR. MOCK? NO.

MR. SHAFER? NO.

MR. DAVIDSON? NO.

MR. DEAN? NO.

MS. NEWBIE? NO.

WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY

[00:10:01]

SEWAGE, OR GARBAGE REMOVAL? MR. SCHAFER? NO.

MR. DAVIDSON? NO.

MR. DEAN? NO.

MR. MOCK? NO.

MS. NEWBIE? NO.

WHERE THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION.

MR. DAVIDSON? YES.

MR. DEAN? YES.

MR. MOCK? YES.

MR. SHAFER? YES.

MS. NEWBIE? YES.

WHERE THE PROPERTY OWNER OWNER'S PREDICAMENT PREDICAMENT FEASIBLY CAN BE AVERTED THROUGH SOME OTHER METHOD OTHER THAN THE A VARIANCE? MR. DEAN? NO.

MR. MA? NO.

MR. SCHAEFFER? NO.

MR. DAVIDSON? NO.

MS. NEWBIE? NO.

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

MR. MA? YES.

MR. SCHAEFFER? YES.

MR. DAVIDSON? YES.

MR. DEAN? YES.

MS. NEWBIE? YES.

OKAY.

MAY I HAVE A, UH, MOTION TO APPROVE THE VARIANCES? I MOVE TO APPROVE THE VARIANCE.

MAY I SECOND? I'LL SECOND.

IT'S BEEN MOVED BY MR. MARK AND SECOND BY MR. DEAN THAT THE VARIANCE BE APPROVED.

ARE THERE ANY QUESTIONS? OKAY.

SINCE THERE'S NO QUESTIONS, MA'AM.

SECRETARY, WILL YOU TAKE THE ROLE? MR. DAVIDSON? YES.

MR. DEAN? YES.

MR. MOCK? YES.

MR. SCHAEFFER? YES.

MS. NEWBIE? YES.

YES.

FIVE ZERO.

YOUR VARIANCE IS PAST FIVE TO ZERO.

THANK YOU.

UM, GET WITH THE CITY, THE CITY, THE STAFF TO SEE IF THERE'S ANYTHING ELSE THAT YOU MIGHT NEED TO DO.

THAT'S IT.

THANK YOU.

UNLESS YOU WANNA STAY FOR THE OTHER CASES.

, YOU ALL HAVE A GOOD DAY.

THANK YOU SO MUCH.

YOU ARE WELCOME.

THANK YOU ALL.

OKAY.

YOU ARE WELCOME.

OKAY.

OOH, MY KIDS LOOK AFTER ME LIKE THAT.

I KNOW .

OKAY, WE'LL GO TO THE SECOND CASE ON THE AGENDA TONIGHT.

BCA CASE 2314.

THE APPLICANT, FRANK MCCORD, IS QUESTION OF VARIANCE FROM SECTION 11 91 0 1 ACCESSORY STRUCTURE.

LOCATION PROPERTY IS LOCATED AT 48 86 NEBRASKA AVENUE.

CAN WE HAVE THE REPORT? YES, MA'AM.

THIS IS A RESIDENTIAL ZONED PROPERTY AS ALL ARE THE SURROUNDING PROPERTIES.

AND THE OWNER APPLICANT IS REQUESTING A VARIANCE FROM THE CITY OF IDE ZONING CODE PERTAINING TO THE REQUIRED SETBACK FROM THE PROPERTY LINE FOR A NEW STORAGE BUILDING SECTION 11 91 0 1 OF THE ZONING CODE STATES N-N-E-R-B-A-P THROUGH PD OR I DISTRICT, AN ACCESSORY BUILDING NOT EXCEEDING ONE AND A HALF STORES OR 14 FEET IN HEIGHT, MAY BE PERMITTED IN ANY REAR YARD, NOT WITHIN FIVE FEET OF THE SIDE AND REAR LOT LINES.

IN ORDER FOR ANY STRUCTURE TO BE CLASSIFIED AS AN ACCESSORY BUILDING, IT SHALL BE AT LEAST FIVE FEET FROM ANY PERMANENT STRUCTURE DUE TO THE PROPERTY BEING A QUARTER LOT.

THE REAR YARD DEPTH IS SHALLOW.

I SCALE IT AT ABOUT 20 FEET.

TYPICAL OF THAT AREA WOULD BE 40 FEET REQUIRED.

SO PLACEMENT OF THE STORAGE BUILDING WITHIN THE REQUIRED SETBACKS IS NOT PRACTICAL.

AS YOUR PHOTO SHOWS THE SHED IS CURRENTLY ON SITE.

THERE WAS A PERMIT ISSUED FOR THIS BUILDING IN THE DISTANCE PAST WITH NO DATE AVAILABLE.

WE CONSIDER THIS TO BE A LEGALLY NON-CONFORMING STRUCTURE.

A NON-CONFORMING STRUCTURE MAY NOT BE REPLACED WITH ANOTHER NON-CONFORMING STRUCTURE.

SINCE THERE'S NO RECORD OF A PRIOR VARIANCE BEING GRANTED FOR THE LOCATION, THE APPLICATION REQUIRES A VARIANCE.

OT IS APPROXIMATELY A QUARTER ACRE.

THERE ARE NO EASEMENTS INVOLVED WITH THIS PROPOSAL.

THE STRUCTURE ISN'T PROPOSED.

STORAGE BUILDING LOCATED IN THE REAR YARD, AND THE ENGINEERING DEPARTMENT HAS NO COMMENT NOR CONCERN WITH THIS PROJECT.

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

DO THE BOARD HAVE ANY QUESTIONS FOR GOD? YEAH, I DO.

MR. MILLARD? UH, SIR, ON THE APPLICATION, IS THAT, UH, SHED GONNA BE THE SAME SIZE THAT'S IN THERE NOW? YES.

I GOT A NOD FROM THE APPLICANT, SO I'M GONNA SAY YES.

THANK YOU.

YOU'RE WELCOME.

THAT'S ALL I HAVE NO QUESTIONS.

OKAY.

I'M GONNA CLOSE THE, NO, I'M SORRY.

YOU GOT THE UM, HMM.

APPLICANT? YEAH, THE APPLICANT.

I HAD SEEN HIM ON THERE.

IF YOU WANT TO COME TO THE PODIUM AND, UH,

[00:15:01]

STATE YOUR NAME AND SPELL IT AND THEN SIGN THE SURE.

UH, MY NAME IS, UH, FRANK MCCOY, UH, F-R-A-N-K, LAST NAME SPELLED M-C-C-O-Y.

THANK YOU.

WELL, WHAT WOULD YOU LIKE FOR THIS BOARD TO HEAR OR THE COMMISSIONER HERE ABOUT YOUR THIS CASE? SURE.

UM, ESSENTIALLY WHAT I'M, UH, REQUESTING IS JUST TO REPLACE THE EXISTING SHED.

IT'S BEEN AROUND FOR AT LEAST 40 YEARS TO MY KNOWLEDGE, AND IT'S OLD AND IT NEEDS TO BE REPLACED, UM, DUE TO, UH, A NEED FOR SECURITY.

UM, IF I WOULD PREFER TO HAVE IT LOCATED BEHIND A HOUSE WHERE IT IS CURRENTLY FENCED IN, WHICH PROVIDES, YOU KNOW, THE SECURITY THAT I REQUIRE, YOU KNOW, WHICH IS SIMILAR TO, YOU KNOW, THE SURROUNDING, YOU KNOW, HOUSES IN THE NEIGHBORHOOD.

UM, ALSO AS YOU CAN SEE FROM THE DIAGRAM, AND AS MR. UH, MILLER HAD JUST SAID, UM, MY, UH, YARD BEHIND THE HOUSE IS VERY SHALLOW, UH, AS WELL AS THE SIDE YARD, UH, TO THE, UH, RIGHT OF THE STRUCTURE.

UM, THE YARD ACTUALLY TO THE LEFT OF THE STRUCTURE IS UNEVEN.

AND THOUGH IT'S HARD TO TELL FROM THIS PHOTOGRAPH, IT HAS A TENDENCY TO SLOPE FORWARD TOWARDS THE SIDEWALK, DOWN TOWARDS THE NEIGHBOR, AND ALSO BACK TOWARDS THE FENCE, YOU KNOW, WHICH WOULD, YOU KNOW, MAKE IT, YOU KNOW, UH, CUMBERSOME AS WELL AS POSSIBLY EXPENSIVE, YOU KNOW, IN ORDER TO PLACE A SHED OF SIMILAR SIZE IN THAT LOCATION AND TO CONSTRUCT, YOU KNOW, THE NECESSARY FENCE TO PROVIDE THE SECURITY THAT I CURRENTLY HAVE WITH THE EXISTING STRUCTURE.

OKAY.

DO ANYONE HAVE ANY QUESTIONS FOR THE APPLICANT? I HAVE ONE.

HOW FAR FROM THE HOME THAT STRUCTURE IS THIS SHED? UM, IT'S HARD TO TELL THAT FROM THE PHOTOGRAPH, BUT IT'S ACTUALLY 10 FEET.

THAT'S WHAT I WAS GATHERING.

I JUST WASN'T SURE.

YEAH.

ANY OTHER QUESTIONS? NO.

THERE BE ANY OTHER QUE QUESTIONS? I WOULD CLOSE THIS CASE AND READ THE VARIANCE.

OH, YOU CAN SIT DOWN.

I'M SORRY.

OKAY.

UH, I DID HAVE ONE POINT, UH, BECAUSE THERE WAS ONE SHED THAT WE HAD LOOKED AT.

UH, THIS EXISTING SHED AS IT STANDS IS 10 FEET BY 10 FEET.

UM, I LOOKED THROUGH AMAZON, LOOKED THROUGH LOWE'S, LOOKED THROUGH, UH, OTHER PLACES, AND I'M FOUND IT, UH, PRACTICALLY IMPOSSIBLE TO FIND A 10 BY 10 FOOT SHED.

THE SHED THAT WE HAD LOOKED AT THAT WE WERE LOOKING TO INSTALL THERE PRIOR TO ME FINDING OUT ABOUT THE VARIANCE IS 10 FEET BY 12 FEET, SO IT WOULD ONLY BE TWO ADDITIONAL FEET AND THAT WOULD BE FROM FRONT TO BACK.

SO I JUST WANTED TO, TO ADD THAT IN THERE.

OKAY.

SO NOTED IN THE RECORDS, BUT IT WOULD STILL MEAN THAT IT WOULD BE EIGHT FOOT FROM THE HOUSE.

OKAY.

SO IT WOULD STILL BE, YOU KNOW, WITHIN THE, THE FIVE FOOT RANGE FROM THE HOUSE.

OKAY.

MS. NEWBY, I HAVE ONE FOLLOW UP QUESTION ON THAT.

WELL, LET ME, LET ME OPEN THE CASE.

OKAY, GO AHEAD.

OKAY.

UH, WITH THAT BEING SAID, YOU KNOW, YOU'RE ONLY TALKING 10 FEET FROM YOUR ROOF LINE TO THE SHED.

IS THERE A WAY TO TURN THE SHED WHERE IT IS ONLY 10 FEET FROM THAT HOUSE? WELL, WELL ACTUALLY, UM, THE POINT WITH THIS SHED, THE WAY IT WAS CONSTRUCTED IS LOOKING AT THE ROOF.

IT'S ACTUALLY 12 FEET BY 12 FEET.

UH, THE FOUNDATION IS 10 FEET BY 10 FEET.

SO ACTUALLY IT EXTENDS OUT ON ALL FOUR SIDES.

UH, THE SHED THAT I'M LOOKING AT ON THE SIDES, IT EXTENDS OUT.

BUT ON THE FRONT AND THE BACK, IT DOES NOT EXTEND AT ALL.

SO BY THE AERIAL VIEW, IT WOULD BE THE EXACT SAME SIZE AS WHAT YOU SEE THERE.

THAT'S ALL I HAVE.

THANK YOU.

OKAY.

I MEAN, OBVIOUSLY IF, IF THE 10 BY 12 IS NOT ACCEPTABLE, I MEAN, IF I COULD GET 10 BY 10, I WOULD FIND A WAY TO MAKE IT WORK, BUT I JUST WANTED TO BRING THAT POINT UP BECAUSE OF THE SHED THAT I HAD PREVIOUSLY IDENTIFIED.

OKAY.

THANK YOU.

THANK YOU.

NOW I WILL CLOSE THE CASE AND READ THE VARIANCE, IF YOU DON'T MIND.

OKAY.

WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFITS TO USE OF THE PROPERTY WITHOUT THE VARIANCE.

I SECRETARY MR. DEAN? YES.

MR. MOCK? YES.

MR. SCHAFER? YES.

MR. DAVIDSON? YES.

MS. NEWBIE? YES.

WHERE THE VARIANT IS SUBSTANTIAL.

MR. MOCK? NO.

MR. SCHAFER? NO.

MR. DAVIDSON? NO.

MR. DEAN? NO.

MS. NEWBIE? NO.

[00:20:03]

WHETHER CENTRAL CHARACTER, CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER AJOUR PROPERTIES WILL SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE? MR. SCHAEFFER? NO.

MR. DAVIDSON? NO.

MR. DEAN? NO.

MR. MOCK? NO.

MS. NEWBIE, NO.

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

MR. DEAN? NO.

MR. MOCK? NO.

MR. SCHAFER? NO.

MS. NEWBIE? NO.

WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION, MR. SCHAFER? YES.

MR. DAVIDSON? YES.

MR. DEAN? YES.

MR. MOCK? YES.

MS. NEWBIE? YES.

WHERE THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE AVERTED THROUGH SOME, SOME OTHER METHOD OTHER THAN THE VARIANCE.

MR. DEAN? YES.

MR. MOCK? YES.

MR. SCHAFER? YES.

MR. DAVIDSON? YES.

MS. NEWBIE? YES.

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

MR. SCHAFER? YES.

MR. DAVIDSON? YES.

MR. DEAN? YES.

MR. MOG? YES.

MS. NEWY? YES.

MAY I HAVE A MOTION TO APPROVE THE VARIANCE? I'LL MAKE A MOTION TO APPROVE THE VARIANCE FOR BCA CASE.

23 DASH 14.

I'LL SECOND IT.

IT IS BEEN MOVED BY MR. DEAN A SECOND BY MR. SCHAFER THAT THE VARIANCE FOR THIS CASE BE APPROVED.

IS THERE ANY QUESTION ON THE MOTION HEARING? NO QUESTIONS ON THE MOTION MATTER.

SECRETARY, WILL YOU CALL THE ROLE MR. MOCK? YES.

MR. SCHAFER? YES.

MR. DAVIDSON? YES.

MR. DEAN? YES.

MS. NEWBIE? YES.

FIRST HAS BEEN APPROVED FIVE TO ZERO AND YOU WOULD NEED TO GET WITH THE CITY TO SEE WHAT ADDITIONAL, IF THERE'S ANY ADDITIONAL STUFF THAT YOU MIGHT NEED TO DO PRIOR TO PUTTING UP THE SHED.

OKAY.

SO I WOULD JUST COME DURING NORMAL BUSINESS HOURS AND SPEAK TO SOMEONE AT THE, THE FRONT DESK.

ALRIGHT.

I'LL SPEAK NOW.

OKAY? OKAY.

THANK YOU FOR COMING IN.

SHOULDA SPOKEN ABOUT BECAUSE YOU GOT, WE GOT THIS.

OKAY.

WE'LL FOLLOW THE AGENDA.

WE, WE DON'T NEED DOWN HERE.

WE CAN MOVE ON AND BE THROUGH BY.

RIGHT.

OKAY.

FOLLOWING THE AGENDA, IS THERE ANY, THERE'S NO ADDITIONAL BUSINESS THAT I'M AWARE OF.

OKAY.

UPCOMING MEETING WEDNESDAY, DECEMBER THE SIXTH IS OUR NEXT MEETING.

AND RIGHT NOW WE HAVE ONE CASE.

ONE CASE.

SO THAT MIGHT BE, WE MIGHT BE GENERAL, YOU KNOW.

WELL, NO, NO, WE'LL HAVE TO HAVE IT.

YOU GOTTA HAVE IT 'CAUSE YOU CAN POST IT.

IT'S BEEN PUBLIC WORK.

IF THERE'S NO QUESTIONS OR ANYTHING, CAN I HAVE A MOTION TO ADJOURN? MOTION TO ADJOURN.

I SECOND CAN MOVE BY MR. MARKS AND SECOND BY MR. UH, DAVISON THAT WE ADJOURN THE MEETING.

ALL RIGHT.

THANK YOU EVERYONE.