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OKAY.I SHOULD CALL THE MEETING OF THE CITY OF HUBERT
[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road January 3, 2024 6:00 P.M.]
HEIGHTS BOARD OF ZONING APPEALS TO ORDER.OH, YOU CAN, YOU DON'T HAVE TO TAKE YOUR ROLL CALL AGAIN.
MADAM, UM, SECRETARY, WILL YOU CALL THE ROLL PLEASE? ALL RIGHT.
UM, AND THE FIRST ITEM ON AGENDA, MR. OATH, THE OFFICE FOR MR. SCHAFER.
SAY, WILL YOU STAND AND RAISE YOUR RIGHT HAND? LEFT HAND? AND WELL, THEY SAY YOU'RE SUPPOSED TO RAISE RIGHT HERE.
WILL YOU REPEAT THIS AFTER ME AND SAY, I, PAUL SCHAFER, I PAUL S SCHAFFER, DO SOLEMNLY SWEAR, DO SOLEMNLY SWEAR OR AFFIRM TO SUPPORT AND AFFIRM TO SUPPORT THE CONSTITUTION OF THE UNITED STATES CONSTITUTION? STATES CONSTITUTION OF THE STATE OF OHIO, CONSTITUTION OF THE STATE OF OHIO, THE CHARTER, CHARTER, AND ALL ORDINANCE OF THE CITY OF HEBREW HEIGHTS.
THE ALL ORDINANCE IS THE CITY OF HEBREW HEIGHTS.
AND THAT I WILL FAITHFULLY AND I WILL FAITHFULLY, HONESTLY.
HONESTLY, AND IMPARTIALLY AND IMPART DISCHARGE THE DUTIES OF MY OFFICE.
DISCHARGE THE DUTIES OF MY OFFICE.
SO WE WILL PROCEED WITH THE AGENDA.
COULD WE HAVE APPROVAL OF THE MINUTES IF THERE'S NO OBJECTIONS? ARE THERE ANY ADDITIONS TO THE DECEMBER 6TH, 2023, UH, BZA MEET, UH, MEETING MINUTES, NO OBJECTIONS.
CAN WE GET APPROVAL OF THE MINUTES? I'LL MAKE A MOTION TO APPROVE MINUTES.
AND SECOND THAT THE MINUTES BE APPROVED FOR DECEMBER 6TH, 2023.
ANY QUESTIONS ON THE MOTION? NO QUESTIONS, MADAM.
SECRETARY, WILL YOU TAKE THE, NO, WE DON'T NEED TO ROLL.
YOU DON'T NEED TO VOTE ON THAT.
IS THERE ANY ADDITIONS TO THE AGENDA FOR THE NIGHT? OKAY, SO MOTION TO APPROVE.
WE NEED A MOTION TO APPROVE IT.
COULD GET A MOTION TO APPROVE THE AGENDA.
I'LL MAKE A MOTION TO APPROVE THE AGENDA FOR TODAY.
IT'S BEEN MOVED BY MR. DEAN AND APPROVED BY AND SECOND BY MR. SCHAEFER THAT THE AGENDA FOR DECEMBER, I MEAN JANUARY 3RD, 2024, BE APPROVED.
WE, WE'LL CONTINUE TO PROCEED WHAT'S ON THE AGENDA? NEXT ONE IS SWEARING THE WITNESSES.
WHERE WE'RE GONNA GO IN ACCORDANCE WITH THE RULES OF THE BOARD OF THE ZONING APPEAL.
ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN.
I WILL ASK EVERYONE TO STAND, RAISE THEIR THEIR RIGHT HAND AND RESPOND OUT DUE 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 AFTER? WELL, WE DON'T HAVE ANYONE THAT WISHES TO SPEAK TONIGHT.
AFTER THE CASE REVIEW, A STAFF REPORT, PLEASE STEP TO THE PODIUM AND STATE YOUR NAME.
SO WE GOING TO JUST GO ON WITH THIS.
SO WE, WE DON'T HAVE ANY OLD BUSINESS.
WE'LL PROCEED WITH THE NEW BUSINESS.
THE FIRST CASE FOR 2024 IS BZA CASE 24 DASH 1 0 0 1.
THE APPLICANT WALL HOUSE OF WALL INCORPORATED IS REQUESTING A VARIANCE FROM SECTION 1180 5.12.
COMPUTERIZATION PROPERTY IS LOCATED AT 80 0 1 BRENT PIPE.
NEED THE REPORT, SIR? YES, MA'AM.
UM, AS STATED, THIS, UH, VARIANCE IS ON BEHALF OF THE, UH, OWNER OF THE BUSINESS AT 8,000 WANDA BRAND PIKE IN HUBER HEIGHTS.
FOR THOSE OF YOU NOT FAMILIAR WITH IT, THAT IS THE MARATHON STATION DIRECTLY NORTH OF I 70 ON THE WEST SIDE OF BRAND PIKE.
ACROSS WA IS, UH, WHERE THE NEW CASES IS BEING BUILT.
UH, IT'S ZONED TO BE THREE FOR COMMERCIAL USE.
EXISTING LAND USE IS A CONVENIENCE STORE WITH A GAS STATION ADJACENT TO LAND IS ZONED SIMILARLY EITHER PLANNED EMPLOYMENT PARK, WHICH IS THE MYERS STORE, UH, OR B THREE OR THE ODOT RIGHT OF WAY.
UM, THE OWNER'S REQUESTING A VARIANCE FROM THE CITY OF HUB HEIGHTS ZONING CODE TO REDUCE THE NUMBER OF REQUIRED SPACES FOR A PROPOSED RETAIL CONVENIENCE STORE FUELING STATION FROM THE REQUIRED 90
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SPACES, 2 23 SPACES.ZONING CODE SECTION ALLEGED 11 85 12, WHICH IS THE COMPUTATION OF NUMBER OF PARKING SPACES REQUIRED READS, PARAGRAPH E, THE CONVENIENCE STORE, MINI MARKET, OR CARRYOUT ONE SPACE FOR EVERY 125 SQUARE FEET OF FLOOR AREA.
THE APPLICANT DEVELOPER STATES ADHERING TO THESE PARKING SPACE REQUIREMENTS WOULD PREVENT REDEVELOPMENT AND IMPROVEMENT OF THE PROPERTY.
THEREFORE, THE APPLICANT REQUIRES A VARIANCE STAFF ANALYSIS OF THE PROPERTY.
IS THIS PROTO? THIS PROPOSAL REPRESENTS A SUBSTANTIAL REINVESTMENT IN THE COMMUNITY WITH A CONSTRUCTION OF A FRESH BUILDING WITH MULTIPLE TENANTS PLANNING AND ZONING.
STAFF AGREES THAT THE NUMBER OF REQUIRED PARKING SPACES THAT CALCULATE UP TO 93 IS UNNECESSARY FOR A BUSINESS OF THIS TYPE.
AN EXAMPLE, THE RECENTLY OPENED TAYLOR MART AT 60 25 TAYLORSVILLE ROAD WAS APPROVED BY PLANNING COMMISSION FOR 31 PARKING SPACES AND IS BASICALLY THE SAME STORE CONFIGURATION MINUS A FUELING STATION AT TAYLOR MART AS 8,001 BRAND PIKE.
CONVENIENCE STORES ARE STOP AND GO BUSINESS MODELS.
PARKING CONFIGURED FOR MULTIPLE PATRONS ARRIVING FOR AN EXTENDED SHOPPING EXPERIENCE IS UNNECESSARY.
UH, AS A SIDE NOTE, THE DEVELOPER OF THIS PROPERTY IS THE SAME GROUP THAT BUILT THE TAYLOR MARK.
SO WE HAVE AN IDEA OF WHAT THEY'RE WILLING TO DO AND WANT TO DO OF A LOT IS APPROXIMATELY TWO ACRES.
UH, THERE ARE NO EASEMENTS INVOLVED WITH THIS PROPOSAL.
UH, THE PROPO THE STRUCTURE WILL BE THE PROPOSED RETAIL CONVENIENCE STORE WITH THE FUELING STATION.
UH, TOTAL REDEVELOPMENT OF THE SITE WITH THE NEW BUILDING ON THE WEST SIDE OF THE PROPERTY WILL BE THE PLACEMENT.
ENGINEERING HAS NO COMMENT OR CONCERN WITH THIS PROJECT AS APPLIED FOR APPEARANCE.
I'LL ANSWER ANY QUESTIONS I CAN IF YOU HAVE ANY, ANYBODY ANSWER THE QUESTIONS? UM, SIR, I GOT, I I HAVE A COUPLE OF QUESTIONS.
THE, UH, EXISTING CURB CUTS THAT ARE SHOWN ON THE DRAWING, ARE THOSE, ARE THOSE THE EXISTING CURB CUTS OR WILL THOSE BE NEW CURB CUTS? NO, I THINK THOSE ARE PROBABLY GOING TO BE PROPOSED.
EVERYTHING YOU'RE SEEING IS A PROPOSAL BASED ON WHAT IS THERE.
EVERYTHING THEY DO WOULD HAVE TO ALIGN WITH ODOT REQUIREMENTS BECAUSE YOU HAVE A STATE ROUTE AND AN ODOT EASEMENT FOR I 70 AS WELL AS ANY ENTRYWAY.
SO I WOULD SAY THIS IS PRELIMINARY TO MORE ILLUSTRATE THE PLACEMENT OF THE BUILDING THAN ANYTHING ELSE.
UM, ONLY THE CITY ENGINEER CAN APPROVE A CHANGE TO THE AMOUNT OF REQUIRED ENTRYWAYS.
WHILE PLANNING AND ZONING STAFF AGREED THAT THE NUMBER OF REQUIRED PARKING SPACES CALCULATED UP TO NUMBER 93 IS UNNECESSARY, DID THEY PROVIDE IT? YES, I HAD, I HAD, UH, IN DISCUSSIONS WITH THE CITY PLANNER, WE AGREED THAT REALIZING THAT A ZONING CODE IS WRITTEN TO TRY TO BE ALL THINGS TO ALL THINGS THAT WITH THIS TYPE OF RETAIL OUTLET, UM, SINCE IT'S A STOP AND GO YOUR IN AND OUT TYPE SITUATION, THE CALCULATION PROB THAT, THAT WE FEEL, AND THE CALCULATION WAS DONE BY THE DEVELOPER BASED ON THE CITY REQUIREMENTS, UM, WAS FELT TO BE UNNECESSARY BECAUSE OF THE TYPE OF BUSINESS IT IS.
AND BECAUSE THERE IS NO CUMULATIVE PARKING FOR ANY PERIOD OF TIME, I THINK.
SO RECOLLECTION, UH, ARE YOU HERE FOR THE BOARD OF ZONING APPEALS MEETING? YES.
WE'RE IN THE PROCESS OF, OF DISCUSSING YOUR PROPERTY RIGHT NOW.
I I HOPE THAT HELPED ANSWER YOUR QUESTION.
I DIDN'T MEAN TO, WELL, I GUESS THE, THE, THE QUESTION THAT I HAD WAS, UH, SINCE THEY SAID THAT 93 WASN'T NECESSARY, DID THEY PROVIDE A NUMBER THAT IS, UH, THEY WERE REQUESTING, UH, THEY'D BE DROPPED DOWN TO 23? ARE, IS THE PLANNING AND ZONING REQUESTING TO BE DROPPED TO 23? OR IS THE THAT'S NO, ALL WE'RE DOING IS, IS IS AGREEING WITH THEIR, THEIR PROPOSAL THAT THAT IS A REASONABLE AMOUNT FOR IT TO BE DROPPED DOWN TO, BASED IN ON WHERE THE SITE IS, WHAT THE SITE IS IN COMPARISON TO THE TAYLOR MARK, WHICH WE WENT AND LOOKED AT, COUNTED THE SPACES, UH, FOUND THAT THEY HAVE A FEW MORE, BUT IT'S A DIFFERENT CONFIGURATION.
SO THE, UH, CITY PLANTER'S, UH, FEELING WAS WHAT THIS IS PROPOSED TO BE IS, IS SUITABLE FOR THIS SITE.
QUESTIONS FOR THIS BEFORE WE ASK OTHER QUESTIONS, SINCE I'M SURE THAT THE GENTLEMAN JUST, JUST, JUST ENTERED, WILL WANT TO SAY A FEW WORDS.
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TO GET HIM SWORN IN ACCORDING TO OUR AGENDA.ARE YOU, IS THERE ANY MORE QUESTION ON BEHALF OF THIS CASE? YES.
ARE THERE ANY MORE QUESTIONS FOR STAFF? GO AHEAD.
ANY MORE QUESTIONS FOR THE STAFF? NO, SIR.
MR. MARK, ANY QUESTIONS? OKAY, SIR.
SO THIS, THE EXISTING BUILDING IS GOING TO BE REMOVED AND EVERYTHING'S SORT OF TURNED AROUND AND MOVED TO THE WEST.
WELL, SO IN ORDER TO TAKE IT TO, TO ENLARGE THE, THE, THE BUILDING, THEY'LL TEAR DOWN THE EXISTING BUILDING.
THEY'LL RECONSTRUCT, IF YOU WILL, OR RECONFIGURE THE LOT AND AS YOU SEE WHERE THE BUILDING'S GOING TO BE PLACED, BUT WE'LL PUT IT ON THE WESTERN PORTION OF THE LOT.
THIS IS A PROPOSED DRAWING THAT CAME FROM THE DEVELOPER.
AND THEY WILL THEY BE REMOVING THE UNDERGROUND TANKS AND REPLACING THE NO.
'CAUSE THEY'RE GOING TO HAVE A FUELING STATION AS FAR AS I KNOW.
MY GET, NO, I WOULD, I WOULD NOT ANTICIPATE THEM NEEDING TO REMOVE UNDERGROUND TANKS FOR ANY REASON.
BUT THEY'LL HAVE TO APPLY TO ALL OF THE FEDERAL AGENCIES AND SO FORTH BEFORE ANYTHING WORKS.
SIR? UM, YOU HERE FOR THE CASE, IF YOU CAN COME TO THE POLLING, I'M GONNA READ YOU, UM, A STATEMENT.
AND THEN YOU CAN STATE YOUR NAME AND PRINT IT ON THAT.
BUT FIRST I NEED TO SWEAR YOU, IF YOU RAISE YOUR RIGHT HAND IN ACCORDANCE WITH THE RULES OF THE ZONING, THE BOARD OF ZONING APPEALS, ANYONE WHO WISHES, WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN.
UM, I WILL ASK THAT AFTER YOU READ, AFTER I GIVE THE RESPOND THAT YOU RESPOND 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.
UM, IF YOU COULD STATE YOUR NAME AND SPELL IT FOR THE RECORD.
AND THEN YOU CAN SIGN, THERE'S A PIECE OF PAPER ON THERE IF YOU CAN SIGN THAT.
I AM THE ARCHITECT FOR THE PROJECT.
AND COULD YOU SPELL, COULD YOU SPELL THAT FOR THE RECORD? SO THE SPELL YOUR NAME FOR THE RECORD.
MY LAST NAME OR BOTH? LAST NAME.
WHAT, UH, COULD YOU TELL US THE BOARD ABOUT THIS, ABOUT THIS CASE? IF THERE'S ANYTHING YOU WANNA SAY.
UM, WELL BASICALLY THIS IS A GAS STATION SLASH UM, CONVENIENCE STORE SLASH RENTAL FACILITY.
UM, IT'S A SINGLE STORY, MASONRY, LOW RISE BUILDING.
UM, WE WILL HAVE, UH, PART OF THE BUILDING WILL BE A CONVENIENCE STORE OR WE'LL SELL THE, THE GASOLINE.
UH, THE OTHER PARTS, OUR TARGET, UH, TENANT AUDIENCE WOULD BE SOME OF THE SMALLER MOM AND POP SHOPS, RETAIL, UH, MAYBE A LAUNDROMAT, A BARBERSHOP, BEAUTY SHOP, UH, THINGS THAT WILL COMPLIMENT THE ACTUAL, UM, LOCATION.
UM, ASIDE FROM THAT, UH, DO YOU HAVE ANY OTHER, HAVE ANY QUESTIONS FOR ME? ANY BOARD MEMBERS HAVE QUESTIONS FOR THE GENTLEMEN? UH, PERHAPS YOU CAN EXPLAIN TO THE BOARD MEMBERS HOW THE CALCULATION WAS COME TO ABOUT HOW MANY PARKING PLACES YOU WANT TO REDUCE TO.
UM, UNFORTUNATELY THE, THE SITE DESIGN WAS DONE BY THE SITE ENGINEER.
UH, AND I DON'T KNOW THE EXACT CALCULATIONS, UM, BUT I DO KNOW WE CHECKED THE ZONING AND THE PARKING WAS A LITTLE BIT HEAVY WITH OUR PARKING REQUIREMENT WAS A LITTLE BIT HEAVY.
AND BECAUSE OF OUR TARGET TENANTS, WE, UH, OPTED TO GO FOR THE VARIANCE.
ANYBODY ELSE HAVE ANY QUESTIONS? NOPE.
IF THIS IS GOING TO BE DEVELOPED FOR A, GOTTA SPEAK UP, STOP AND GO THAT YOU DON'T NEED EXTENDED PARKING.
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IF THEY'RE GONNA OPEN UP THE STORES TO A LAUNDROMAT OR BARBER SHOP BEAUTY SALON, THAT TO ME WOULD BE EXTENDED PARKING.YOU'RE JUST NOT GOING TO RUN IN AND OUT.
I WAS THINKING SOMETHING SIMILAR.
I DON'T KNOW IF THERE WOULD BE A RESTRICTION ON THE TYPE OF BUSINESS THAT COULD BE THERE.
THEN ONCE THIS IS BUILT AND WHAT I THINK WHAT IT WOULD COME DOWN TO EXACTLY.
DO YOU WANT TO SPEAK TO THEIR CONCERNS, SIR? WELL, OKAY.
UH, COULD YOU REPEAT PLEASE? MY STATEMENT WAS THAT THIS STATES THAT THE CONVENIENCE STORES ARE STOP AND GO BUSINESS MODELS AND PARKING IS CONFIGURED FOR MULTIPLE PATRONS ARRIVING AND THEY DON'T NEED AN EXTENDED PARKING FOR AN EXTENDED STAY.
BUT IF YOU'RE GOING TO OPEN IT UP TO A LAUNDROMAT OR BARBERSHOP, BEAUTY SALON, ANYTHING ALONG THOSE LINES, THAT TO ME SAYS THAT YOU'RE GONNA NEED EXTENDED PARKING.
IT'S NOT GONNA BE A RUN IN AND RUN OUT TYPE OF SITUATION.
NOT FOR THE, UH, CONVENIENCE STORE, BUT FOR THE OTHERS.
OR NOT FOR THE OTHERS, BUT FOR THE CONVENIENCE STORE, IT'S QUICK IN AND OUT.
UH, THE ONES THAT WE'RE LOOKING AT ARE ONES THAT MIGHT BE THERE FOR 30 MINUTES OR SO.
THAT, THAT, THE EXAMPLE OF, YEAH, LAUNDROMAT, LAUNDROMAT BEAUTY SALON IS NOT A 30 MINUTE THING.
BECAUSE YOU TALKING ABOUT, UH, YOU MENTIONED IN THERE SOMETHING ABOUT RENTAL.
HE GONNA RENT SOME OF THE SPOTS TO DIFFERENT BUSINESSES.
AGAIN, LOW TRAFFIC TYPE OF THE TENANTS THAT WERE WORKING CONCERN.
SO WHEN, I DON'T MEAN TO CUT YOU OFF, BUT WHEN YOU SAY LOW TRAFFIC, WHAT IS YOUR DEFINITION OF LOW TRAFFIC WHEN YOU'RE TALKING ABOUT BUSINESSES WITH LOW TRAFFIC? WELL, AGAIN, SOMEBODY WHO COMES IN, SPENDS 30 MINUTES OR SO AND THEN GETS THEIR BUSINESS DONE AND LEAVES MAYBE A BRANCH BANK, SOMETHING ALONG THOSE LINES.
AND THAT, AGAIN, THAT'S OUR, THAT'S OUR KIND OF TARGET AUDIENCE.
UH, WE'LL HAVE TO EVALUATE WHETHER OR NOT WE WILL ACCEPT A PARTICULAR TENANT OR NOT BASED ON, UH, THE TYPE OF BUSINESS THAT IT IS.
AND I NEED TO CLARIFY SOMETHING BECAUSE OF THE ZONING, WHICH IS B THREE, WHICH IS OUR MOST INCLUSIVE COMMERCIAL ZONING.
THERE'S NOT A WHOLE LOT THAT, THAT WE WOULD, LET ME REPHRASE THAT.
THE CITY WOULD NOT HAVE A LOT OF CONTROL OVER WHAT BUSINESSES WENT IN THERE.
AND YOUR POINT IS WELL TAKEN THAT THERE'S A DIFFERENCE BETWEEN A BAKERY WHERE YOU'RE IN THERE TO GET A BOX OF DONUTS OR A COUPLE OF MUFFINS AND YOU'RE GONE AND A LAUNDROMAT WHERE YOU MIGHT BE THERE FOR TWO HOURS.
SO I THINK THE CONCERN IS WELL TAKEN BY THE BOARD THAT IF WE'RE GOING TO REDUCING PARKING SPACES, WE HAVE TO BE ABLE TO ACCOMMODATE THE BUSINESS COMING IN AND OUT OF THE PARKING AREA, CROSS TRAFFIC, ET CETERA, WITH A STACKING CONCERN.
BY THAT, I MEAN CARS SITTING IN LINE WAITING TO DO SOMETHING.
AND I BELIEVE THAT'S THE CONCERN, IF I'M HEARING IT CORRECTLY.
WHEREAS AT THE SAME TIME, YOU'RE NOT GONNA, I, I DON'T THINK SOMEBODY WITH A, WITH A SIT DOWN RESTAURANT IS GONNA SAY, THAT LOOKS LIKE A GREAT SPOT.
SO WE WOULD HOPE THAT, YOU KNOW, SOMEBODY WITH A LAUNDROMAT AND THEY SAY, HEY, WE KNOW WE'VE GOT 15 MACHINES IN HERE.
THAT COULD BE 15 PEOPLE THAT ARE GONNA BE HERE FOR TWO HOURS.
DEPENDS ON, YOU KNOW, YOU GOTTA LOOK AT IT REALISTIC.
AND EVEN WITH THE BARBER SHOP AND A SALON.
MY WIFE IS A RETIRED HAIRDRESSER, MY DAUGHTER IS A HAIRDRESSER.
UM, SO I THINK IT WOULD, WE WOULD HAVE TO, YOU KNOW, GIVE SOME GRIEVANCE TO WHOEVER THE BUSINESS OWNER THAT WOULD WANT TO RENT THAT SPACE TOO.
'CAUSE THEY'RE GONNA LOOK AT IT AND SAY, DO I WANT TO PUT MY MY FIVE STAR RESTAURANT HERE, YOU KNOW, WITH A WONDERFUL DINING EXPERIENCE? OR DO I WANT TO HAVE MY BUSINESS HERE? 'CAUSE THEY'RE GONNA BE LOOKING AT PARKING.
I THINK THAT IT WILL ATTRACT THE TYPE OF TENANTS THAT WOULD SAY, HEY, I HAVE A, A SMALL BUSINESS.
I WANT TO BE ABLE TO SELL POKEMON CARDS OR SOMETHING LIKE THAT.
AND THEY KNOW THAT PEOPLE ARE GONNA BE IN THERE FOR HOURS.
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SO I THINK THERE IS A BALANCE THERE.SOME SENSE FROM THE BUSINESS OWNERS, UH, IN CONJUNCTION WITH, YOU KNOW, WHAT THE PROPERTY HAS TO OFFER, WHAT THE DEVELOPER HAS.
MAY I MAKE A SUGGESTION FROM MY PERSPECTIVE THAT PERHAPS WE NEED TO TABLE THIS FOR ANOTHER MEETING AND ASK THE OWNERS OF THE BUSINESS TO BE HERE MM-HMM.
I THINK THAT'S A VERY, AS A WISE, THAT THAT'S THE BOARD'S PROGRESS.
I, I, I THINK BECAUSE, YOU KNOW, WE DON'T WANT TO DO ANYTHING THEN SEVERAL MONTHS DOWN THE ROAD HERE COME THE BUSINESSES.
UM, WANTING US WANTING A VARIANCE OR WHATEVER TO THIS PROPERTY, BECAUSE I'M, IF I'M RECALLING WHERE THAT PROPERTY, WHAT THEY TALKING ABOUT, I DON'T KNOW.
YOU KNOW, I THINK THAT THAT IT, IT'S REASONABLE TO BE CONCERNED THAT IT'S RIGHT ON THE GROUND.
AND I THINK IT WOULD BE, IT MIGHT BE BENEFICIAL TO THE BOARD FOR THE OWNERS OF THE BUSINESS TO BE ABLE TO TELL THE BOARD IF THEY'RE GOING TO LIMIT THEIR TENANT SPACES TO CERTAIN TYPES OF TENANTS TO CONTROL THE PARKING SITUATIONS SINCE THEY'RE ASKING FOR THE REDUCTION IN PARKING.
WE'VE, WE'VE ALL PROBABLY SEEN THE RUSH ON THE, UH, LUSCIOUS FROZEN TREATS ON BRAND PIKE.
YOU KNOW, I MEAN, YOU KNOW, WE DON'T WANT TO CONTINUE TO HAVE, GO THROUGH THAT SAME PROCESS EVERY TIME SOMETHING WANT TO COME, YOU KNOW.
SO HOW DO THE OTHER BOARD MEMBERS FEEL? OKAY.
UM, WOULD WE NOT HAVE TO OBTAIN A ZONING PERMIT FOR A BUSINESS TO MOVE IN PRIOR TO GETTING A BUILDING PERMIT? YES, YOU WOULD, BUT, UH, WE, BECAUSE OF THE ZONING CLASSIFICATION FOR THAT, FOR THAT PROPERTY.
WE HAVE TO ALLOW ANY OF THE PERMITTED, PRINCIPAL PERMITTED USES TO GO IN THERE.
NOW THAT MEANS THE OWNERSHIP HAS A WIDE AND VARIED ARRAY ARRAY OF BUSINESSES TO PLACE THERE.
BUT ON THE OTHER HAND, I DON'T HAVE, I, AS THE ZONING MANAGER, I DON'T HAVE ANY ABILITY TO STIPULATE WHAT MAY OR MAY NOT GO THERE IF IT'S WITHIN THREE BUSINESS CLASSIFICATIONS, B ONE B TWO, AND B THREE BECAUSE B THREE ALLOWS EVERYTHING IN B TWO AND B ONE.
THEREFORE, YOU HAVE CONTROL OVER WHAT YOU WANT TO GO IN THERE.
I HAVE LITTLE CONTROL OVER WHETHER I CAN PREVENT IT OR NOT.
NOT THAT I WANT TO PREVENT BUSINESS.
SO THE CONCERN OF THE BOARD IS THAT WE WANNA MAKE SURE, THEY WANT TO MAKE SURE IF THEY VOTE FOR THIS VARIANCE, THAT THERE'S NOT GOING TO BE A TRAFFIC NIGHTMARE THERE ONCE NEW BUSINESSES MOVE IN.
SO DON, I GUESS I GOT A QUESTION.
SO, UM, THE CONCERN IS THAT THE CURRENT ZONING DOES NOT PROVIDE ANY RESTRICTION FOR THE TYPES OF BUSINESSES THAT WOULD GO IN THERE.
IT, IT, IT, IT PROVIDES RESTRICTIONS, BUT IT'S A WIDE ARRAY OF POSSIBILITIES.
YET THE CALCULATION FOR THE NUMBER OF PARKING SPOTS AND THE VARIANCE THAT THE, THE ZONING BOARD CAME UP WITH SAY, SAYING THAT THEY DON'T HAVE A CONCERN WITH THE 90 OR 93 SPOTS IS BASED ON THE FACT THAT THIS IS STOP AND GO, WHICH WE ARE NOT RESTRICTING THAT TO, WE CANNOT RESTRICT THAT.
IS THERE A ZONING CODE THAT WOULD RESTRICT TO THAT? IT WOULD'VE TO BE REZONED, TO PLAN COMMERCIAL.
UM, IN ORDER FOR THAT TO BE THEN WOULD GO TO THE PLAN COMMISSION, NOT TO THE BOARD OF ZONING APPEALS.
UH, AND THAT WOULD INVOLVE THE CITY PLANNER LOOKING AT IT AND SAYING, UM, HERE'S, AND THEY WOULD HAVE TO PRESENT A DETAILED PLAN AT THAT POINT TO THE SATISFACTION OF THE PLANNING COMMISSION IN ORDER TO BE RECONSIDERED FOR REZONING TO PLAN COMMERCIAL.
AND THEN THAT DOESN'T NECESSARILY RESTRICT WHAT IS DONE, BUT I BELIEVE IT PROVIDES MORE ROOM FOR DISCUSSION ON WHAT THE OWNERSHIP WILL BE WILLING TO DO, WHAT PLANNING COMMISSION WOULD WANT TO SEE THERE OR WOULD NOT WANT TO SEE THERE.
THIS, HAD, THIS PROCESS HAD TO GO TO THE PLANNING, RIGHT?
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NO, IT DIDN'T.HE TALKED TO, THIS IS NOT, THIS IS, THIS IS NOT A PLANNED USE.
SO WHAT I DISCUSSED IT WITH THE CITY PLAN.
THAT FOR, YOU KNOW, IF THEY WANT, THEY'RE ASKING FOR REDUCTION, UH, WE WOULD ASSUME THAT THEY'RE GOING TO GO WITH LOW IMPACT, LOW, UH, PARKING LENGTH OR DURATION BUSINESSES.
AND I WOULD'VE TO AGREE A LAUNDROMAT IS NOT A LOW DUR A SHORT DURATION PARKING SITUATION.
AND I JUST THREW THAT OUT AS A, AS AN EXAMPLE OF SOME OF THE TARGETS WE'RE LOOKING AT, COULD THIS NOT BE AN APPROVAL WITH CONDITIONS? ONE OF THE CONDITIONS BEING THE ACCEPTANCE OF THREE ZONING ACCEPTANCE OF PARTICULAR, UM, LOW, LOW IMPACT TENANTS.
THAT'S A QUESTION THAT DON MA'AM PLANNING COMMISSION DID PUT RESTRICTIONS ON WHO COULD BE IN THE TAYLOR MARKET.
RIGHT? THE PLANNING COMMISSION DID.
UM, I, THAT'S SOMETHING I WOULD DISCUSS WITH THE CITY PLANNER.
I DON'T WANT, SO, AND THE REASON I SAY THAT IS THE BOARD OF ZONING APPEALS HAS PUT RESTRICTIONS ON VARIANCES THEY'VE GIVEN BEFORE.
SO IF YOU'RE ASKING THEM TO DO THAT NOW, AND IT SOUNDS LIKE YOU MIGHT BE, THEN YOU'RE GOING TO NEED TO TELL THEM WHAT YOU'RE GOING TO PROPOSE RESTRICTED.
UNDERSTAND IF YOU'RE NOT, IF, IF AT THIS POINT YOU WEREN'T PREPARED TO DO THAT, AND I UNDERSTAND THAT, THAT'S FINE.
AGAIN, THAT MAY BE SOMETHING THAT SHOULD BE TABLED, I THINK BROUGHT BACK TO THE BOARD OR THE OWNER WITH THE OWNERS OF THE BUSINESS, THE DEVELOPER OF THE BUSINESS BEING HERE TO ANSWER THOSE QUESTIONS.
I'M PREPARED TO ASSUAGE THOSE CONCERNS.
MY, MY RECOMMENDED, BUT I DON'T HAVE THE FINAL SAY SO IS THAT WE TABLED THIS SO WE CAN BE CLEAR AND THE BUSINESS OWNERS COULD COME AND TO EXPLAIN, BECAUSE I DON'T WANT SIX MONTHS DOWN THE ROAD, SOME OF THE BUSINESS OWNERS COMING BACK IN SAYING THEY, THAT THEY NEED THIS A CHANGE, YOU KNOW, IN THE PROCESS.
SO I DON'T KNOW HOW THE REST OF THE BOARD FEELS, BUT I THINK THIS SHOULD BE TABLED.
I THINK THIS OUGHT TO BE TABLED.
I THINK THAT THE OWNERS OUGHT TO COME BACK AND ATTEMPT TO HAVE THE PROPERTY REZONED APPROPRIATELY TO COME IN AND ASK THIS COMMISSION TO, TO APPROVE IT OF VARIANCE FOR SOMETHING LESS THAN 30% OF THE PLANNING ZONE'S OWN REGULATION IS, I HAVE A VERY DIFFICULT TIME WITH, PARTICULARLY IF WE'RE GONNA SAY THAT THIS WAS FOR STOP AND GO AND IT'S NOT, AND IT'S OPEN TO ANYTHING ELSE.
IF IT'S TRULY GONNA BE STOP AND GO ZONE IT APPROPRIATELY, GET IT REZONED, HAVE THE APPROPRIATE RESTRICTIONS.
BECAUSE WHAT WE AGREE TO HERE IN THIS FORUM AND NOW WHERE WE HAVE THE GENTLEMAN'S AGREEMENT THAT SAYS, WELL, WE'RE ONLY GONNA HIRE, WE'RE ONLY GONNA LET THESE PEOPLE COME IN TODAY, DA DA DA DA DA.
WORKS UNTIL YOU SELL IT OR UNTIL THE NEXT OWNER COMES ALONG.
AND, AND THEN THAT AGREEMENT IS NULL AND VOID.
VARIANCES STAY WITH THE PROPERTY.
THE VARIANCE WOULD STAY WITH THE PROPERTY.
BUT THE SITE AGREEMENTS RE REZONING WOULD, UH, SO THAT WOULD NOT INVOLVE THE BOARD OF ZONING APPEALS.
THAT WOULD ABORT, THAT WOULD INVOLVE A SUBMISSION TO THE PLANNING COMMISSION AND A RECOMMENDATION FROM THEM TO CITY COUNCIL.
AND I JUST, I'M JUST LOOKING AT THIS AND I'M THINKING IF THE BOARD OF ZONING OR IF THE BOARD OF PLANNING FEEL, FEELS THAT THEIR OWN REGULATION IS TOO RESTRICTIVE, THEY OUGHT CHANGE IT.
MR. D, HOW DO YOU FEEL? I FEEL IT SHOULD BE TABLED UNTIL OUR NEXT MEETING.
SO CAN I GET A RECOMMENDATION AND MOTION THAT THIS CASE BE TABLED UNTIL THE NEXT MEETING? I'LL MAKE A MOTION FEBRUARY 7TH.
I'LL MAKE A MOTION THAT ANYMORE DISCUSSION ON THIS CASE BE TABLED UNTIL OUR FEBRUARY 7TH MEETING AND HAVE THE OWNERS HERE TO DISCUSS THIS WITH.
DO I HAVE A SECOND ON THAT? I'LL SECOND.
IT'S BEEN MOVED BY MR. DEAN AND SECONDED BY MR. MARSH THAT THIS CASE BZ 24 0 1, BE TABLED UNTIL FEBRUARY 7TH, IN WHICH THE ONUS WILL COME IN
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AND GIVE, UM, CLARIFICATION ON HOW, WHAT'S GONNA GO INTO THAT PROPERTY BEFORE ZONING, MAKE THAT DECISION.IF THERE'S NO QUESTION ON THE MOTION, CAN I GET A VOTE PLEASE? MADAM SECRETARY? MR. DEAN? YES.
AND I APOLOGIZE FOR BEING LATE.
I HAD A DRIVE FROM CINCINNATI AND I HAD SOME BAD TRAFFIC.
SO THEN WE KNOW WE WILL BE MEETING ON FEBRUARY 7TH.
WE'LL CONTINUE TO PROCEED WITH THE AGENDA.
CAN YOU SIGN THAT, PRINT THAT RIGHT THERE.
ALRIGHT, SIR, WE GOTTA GET ENOUGH.
I GOTTA GET SOME MORE FEMALES ON HERE.
WE WILL PROCEED WITH THE AGENDA.
ADDITIONAL NEW BUSINESS IS THAT THIS IS THAT TIME OF YEAR THAT WE HAVE TO DO WHAT WE HAVE TO DO.
AND THAT IS ELECT ELECTION OF OFFICERS.
THE FIRST, SO FIRST WE'LL BE ELECTING THE 2024 CHAIR.
SO I'M GONNA OPEN THE FLOOR TO ANY NOMINATIONS FOR 2024 CHAIR.
I LIKE TO NOMINATE MR. SCHAFER FOR CHAIR.
AND ARE MR. SCHAFER, DO YOU ACCEPT THAT? I DO.
AND ARE THERE ANY OTHER NOMINATIONS? YES.
I'D LIKE TO NOMINATE MS. NEWBIE, HER CHAIR.
MS. NEWBIE, DO YOU ACCEPT THAT? YES, I DO.
ARE THERE ANY OTHER NOMINATIONS? OKAY.
SO I'LL NEED A MOTION WITH MS. NEWBIE BEING, LET'S SEE, MR. SCHAFER WAS NOMINATED FIRST.
IS THERE A MOTION TO PUT MR. SCHAFER AS THE 2024 CHAIR? I WOULD MOVE THAT WE PUT MR. SCHAFER AS A 2024 CHAIR.
AND IS THERE A SECOND? CAN I SECOND MY OWN? YEP.
SO NOW WE'RE GONNA VOTE ON THAT.
AND NOW I NEED A MOTION FOR MS. NEWBIE.
I MAKE A MOTION THAT MS. NEWBIE BE THE 2024 CHAIR AND I NEED A SECOND.
I'LL SECOND IT AND I NOW NEED A VOTE.
SO WE'RE AT A TIE ON BOTH OF THESE.
SO THE CHAIR WILL REMAIN THE SAME AS AN INTERIM UNTIL WE CAN GET A, UM, SECOND PERSON OR A FULL VOTE.
SO NOW I AM LOOKING FOR NOMINATIONS FOR VICE CHAIR FOR 2024.
ARE THERE ANY NOMINATIONS I NOMINATE MR. DEAN.
MR. DEAN, DO YOU ACCEPT THAT? YES, MA'AM.
AND I'D LIKE TO NOMINATE MR. MON.
OTHER NOMINATIONS? MR. SCHAFER, YOU'VE NOMINATED MR. MON? CORRECT.
SO WE'LL GO WITH, UH, MS. NEWBIE, 'CAUSE YOURS CAME IN FIRST.
SO THAT WAS FOR MR. DEAN? YES.
SO I NEED A MOTION FOR MR. DEAN.
I MAKE A MOTION THAT MR. MR. DEAN BE CONSIDERED FOR THE VICE CHAIR FOR 2024.
AND SO NOW I NEED A MOTION FOR MR. MOCK.
I'LL MAKE A MOTION FOR MR. MOCK.
[00:35:02]
ALL RIGHT.SO WE'LL KEEP IT LIKE THAT UNTIL THE COME, SO WE'LL VOTE AGAIN NEXT MONTH ON THESE TO SEE IF WE CAN GET A FULL VOTE OR IF WE HAVE A NEW MEMBER THAT WOULD HELP BREAK THOSE TIES.
SO THERE'LL BE NO VICE CHAIR AT THE MOMENT FOR 2024.
IS THERE ANY QUESTIONS OR CONCERNS WITH THE SCHEDULE FOR 2024? IF NOT, WE WILL PROCEED WITH THE NEW SCHEDULE.
AND THE NEXT MEETING IS FEBRUARY 7TH.
FEBRUARY 7TH AT THE NEXT MEETING.
AND IF FOR SOME REASON THE OWNERS TELL US THEY CAN'T MAKE THAT, I'LL LET YOU KNOW.
I THINK IT'S IMPORTANT THAT THEY BE HERE.
ARE YOU DOING THAT? THANK YOU.
ARE THERE ANY NEW ADDITIONAL WE NEED TO TALK ABOUT? IF NOT, MAY I HAVE A MOTION TO ADJOURN? I'LL MAKE A MOTION TO BE ADJOURNED.
IT'S BEEN MOVED BY MR. DEAN THAT WE ADJOURNED.
DO WE HAVE A SECOND? I'LL SECONDED.
IT'S BEEN SECOND BY MR. SCHAFFER MEETING ADJOURNED TO FEBRUARY 7TH.