[00:00:01]
[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road December 6, 2023 6:00 P.M.]
CALL THE MEETING OF THE BOARD OF ZONING APPEALS TO ORDER.MADAM SECRETARY, WILL YOU CALL THE ROLL PLEASE? ALL RIGHT.
COULD WE, UM, WE WILL FOLLOW AGENDA AS WRITTEN.
THE NEXT ITEM ON THE AGENDA IS THE APPROVAL OF THE MINUTES.
MAKE A MOTION TO APPROVE THE MINUTES.
IT'S BEEN MOVED BY MR. DAVIDSON AND SECOND BY MR. SCHAFFER THAT THE MINUTES BE APPROVED FOR DECEMBER 6TH, 2023.
ANY QUESTIONS ON THE MOTION MINUTES FOR NOVEMBER 1ST? OH MA'AM.
ANY, ANY QUESTIONS ON THE MOTION? IF NONE.
WE'LL FOLLOW APPROVAL OF THE AGENDA.
CAN I HAVE, UM, I MAKE A MOTION TO APPROVE THE AGENDA, PLEASE? I'LL SECOND.
IT'S BEEN MOVED BY MR. SCHAFFER AND MOVED BY AND SECOND BY MR. MARKS THAT THE MINUTES, THE AGENDA FOR TONIGHT MEETING BE APPROVED.
WITNESSES, ANYONE THAT WISHES TO SPEAK THIS EVENING NEEDS TO BE SWORN IN.
SO IF YOU WOULD STAND, RAISE YOUR RIGHT HAND.
UH, AND AFTER I READ THIS, YOU SAY I DO.
ANYONE WISHING TO SPEAK OR GIVE TESTIMONY REGARDING ITEMS ON TONIGHT'S AGENDA? PLEASE STAND.
DO YOU SWEAR SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
ONCE YOU, WHEN WHEN THE CASE BECOME UP AND YOU GO TO THE PODIUM, PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD AND THERE'S A PIECE OF PAPER ON THE PODIUM BEFORE YOU SIGN.
SINCE WE DON'T HAVE ANY OLD BUSINESS, WE WILL PROCEED TO THE NEW BUSINESS OF TONIGHT.
THE NEW BUSINESS IS BZA CASE 2316.
THE APPLICANT, SEAN LAMBER, IS REQUESTING A VARIANCE FROM SECTION 1180 1.04.
PROJECTION PROPERTY IS LOCATED AT 60 85.
UM, CHURCH HILL DOWNS, HUBER HEIGHTS, OHIO.
WILL WE HEAR FROM THE CITY? YES, MA'AM.
WELCOME TO THE LAST MEETING IN 2023.
THE, UH, THIS EVENING'S CASE IS, UH, FOR RESIDENTIAL PROPERTY, SINGLE FAMILY RESIDENTIAL AS ARE THE SURROUNDING PROPERTIES.
UH, THE OWNER APPLICANT WISHES TO CONSTRUCT A REAR PATIO COVER THAT WILL EXCEED BOTH PROJECTION AND HEIGHT LIMITATIONS STIPULATED IN THE CITY'S ZONING CODE.
THE PROPOSED PROJECTION INTO THE REAR YARD IS 22 FEET AND THE PROPOSED HEIGHT IS 21 FEET.
SECTION 1180 1.04 STATES IN PARAGRAPH EA PATIO COVER OR PORCH SHALL NOT PROJECT INTO THE SIDE OR REAR YARD MORE THAN 16 FEET FROM THE BUILDING LINE.
AND IN PARAGRAPH, EXCUSE ME, IN PARAGRAPH H, A COVER CARPORT OR ENCLOSURE SHALL NOT BE TALLER THAN 14 FEET ABOVE GRADE AT ANY POINT.
THEREFORE, THE APPLICANT REQUIRES A VARIANCE FROM BOTH SECTIONS OF THE ZONING CODE.
STAFF ANALYSIS IS AS FOLLOWS, THE LOT IS APPROXIMATELY ONE QUARTER ACRE.
THERE ARE NO EASEMENTS INVOLVED AS STATED, THE PROPOSED STRUCTURE IS A REAR PATIO COVER TO BE ATTACHED TO THE WEST FACADE.
UH, ENGINEERING HAD NO COMMENTS NOR CONCERNS ABOUT THIS PROJECT, AND IF THERE'S ANY QUESTIONS, I'M HAPPY TO ANSWER 'EM.
I DID PROVIDE EVERYBODY WITH A DRAWING IN CASE IT, UH, YOU WEREN'T ABLE TO GET IT IN YOUR, IN YOUR PACKET.
DID AND THE BOARD MEMBERS HAVE ANY QUESTIONS FOR THE STAFF TO THE STAFF FOR THIS? OKAY.
UM, WOULD YOU WRITE, LIKE, TO SPEAK ON THIS BEHALF? YOU CAN COME UP TO THE PODIUM.
YOU DON'T HAVE ANY QUESTIONS? NO.
THE PROBLEM'S PRETTY SELF-EXPLANATORY IS THE ONE I'M REQUESTING.
DO ANYONE HAVE ANY QUESTIONS FOR THE I DO.
COULD YOU COME UP? YES, ABSOLUTELY.
I JUST HAVE ONE QUESTION, MR. LAMBERT? YES, SIR.
SO THE ONES THAT I HAVE SEEN HAVE BEEN ATTACHED AT OR NEAR GUTTER LEVEL TO THE ROOF.
WHAT IS THE PURPOSE OF ATTACHING IT AT THE PEAK OF THE ROOF? IS THERE AN ADVANTAGE TO THAT? WELL,
[00:05:01]
IT WON'T BE ATTACHED TO THE PEAK OF THE ROOF.THE ACTUAL PEAK OF THE HOUSE WILL BE MUCH HIGHER THAN THE STRUCTURE THAT I'M BUILDING.
THIS LOOKS THERE, BUT, BUT, BUT IT, BUT IT WON'T SLOPE.
IT'LL ALMOST LOOK LIKE THE MORNING ROOMS THAT RYAN BUILDS ONTO THE BACK OF THE HOUSE.
IT'LL JUST BE OPEN OVER THE DECK.
ANYONE ELSE HAVE ANY QUESTIONS? IF NOT, THANK YOU.
AFTER EACH VARIANCE WE HAVE TO VOTE.
FIRST VARIANCE 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, IF YOU COULD TAKE, OKAY.
WHETHER THE VARIOUS IS SUBSTANTIAL? MR. DEAN? YES.
WHERE THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WILL BE SUBSTANTIAL ALTER, OR WHETHER JOURNEY PROPERTY WILL SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHERE THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL.
WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS, MR. DAVIDSON? YES.
WHETHER THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE ELIMINATED THROUGH SOME OTHER, SOME METHOD OTHER THAN A VARIANCE.
WHETHER THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENT WILL BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANT VARIANCE.
MAY I HAVE A MOTION TO APPROVE THE VARIANCE FOR BZA CASE 2316.
I'LL MAKE A MOTION TO APPROVE THE VARIANCE FOR BZA CASE 23 DASH 16.
IT'S BEEN MOVED BY MR. DANE AND SECONDED BY MR. DAVIDON DAVIDSON.
DAVIDSON THAT BZ BZA CASE 2016 BE APPROVED.
ANY QUESTION ON THE MOTION? THERE'S NO QUESTION ON A MOTION.
MADAM SECRETARY, WILL YOU TAKE THE VOTE PLEASE? MR. MOCK? YES.
UM, YOU WOULD NEED TO GET WITH THE CITY TO SEE IF THERE'S ANY, ANY OTHER NECESSARY THINGS THAT YOU MIGHT NEED TO DO.
IS THERE ANY, ANY ADDITIONAL BUSINESS? I HAVE NOTHING MA'AM.
SINCE THERE'S NO ADDITIONAL BUSINESS UPCOMING, WE HAVE A SCHEDULE FOR THE 2024.
I DON'T HERE IT'S WELL, 2024 MEETING SCHEDULE.
IS THERE ANY QUESTIONS ON THE SCHEDULE FOR 2024? IF NOT.
NEXT UPCOMING MEETING IS ON THE, THE TWO DAYS AFTER NEW YEAR'S AND I'LL LET YOU KNOW AS WE GET CLOSER TO IT, IF THERE ARE CASES OR IF THERE'RE NOT.
IF THERE IS NO FURTHER BUSINESS THAT WE NEED TO TAKE CARE OF.
MAY I HAVE A MOTION TO ADJOURN? I'LL MOVE TO ADJOURN FOR THE DECEMBER BOARD ZONING APPEALS.
ME IT'S BEEN MOVE A SECOND THAT WE ADJOURN.