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[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road February 7, 2024 6:00 P.M.]
I SHOULD CALL THE MEETING OF THE CITY OF HUBER HEIGHTS, BOARD OF ZONING.APPEALS TO ORDER MIGHT PRESS, UH, MADAM SECRETARY, WILL YOU CALL THE ROLE PLEASE? MR. DEAN? HERE.
WE WILL FOLLOW THE AGENDA AS AS WRITTEN.
OKAY, WE GOT ONE SET OF MINUTES FROM JANUARY 3RD, 2024 MEETING.
IF THERE ARE ANY, UM, ANY COMMENTS OR CORRECTIONS TO BE MADE TO THESE MINUTES, PLEASE SPEAK NOW.
SO, YOU KNOW NO, I THOUGHT YOU WAS DOING YOUR OKAY.
SEEING NO COMMENTS OR CORRECTIONS OR MINUTES WILL, WILL STAND APPROVE.
CAN I GET A MOTION TO APPROVE THE AGENDA? I'LL MOVE TO APPROVE THE AGENDA FOR THE JANUARY 3RD.
THE AGENDA FOR TONIGHT'S MEETING.
SORRY, I'M THINKING THE MINUTES MIDNIGHT'S MEETING.
DO I HAVE A SECOND? I'LL SECOND IT.
IT'S BEEN, IT'S BEEN MOVED BY MR. MARK, MARK MOCK, MOCK AND BEEN SECONDED BY MR. SCHAFFER THAT THE AGENDA FOR TONIGHT MEETING FOR FEBRUARY 7TH, 2024 BE APPROVED.
ARE THERE ANY OBJECTIONS TO SEEING ON A HEARING? NONE.
WE'LL PROCEED ON IN ACCORDANCE WITH THE RULES OF THE BOARD OF ZONING.
ANYONE WHO WISHES TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA OF THIS EVENING NEEDS TO BE SWORN IN.
I WOULD ASK EVERYONE TO STAND, RAISE THEIR RIGHT HAND AND RESPOND I DO 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, MAY, THAT MAY WISH TO SPEAK TONIGHT, AFTER CASE REVIEW AND THE STAFF REPORT, PLEASE STEP UP TO THE PODIUM.
STATE YOUR NAME, STATE AND SPELL YOUR NAME FOR THE RECORD AND PLACE YOUR NAME.
THERE'S A SIGNIN SHEET ON THE PODIUM.
SO WE WILL, THE FIRST ITEM ON THE AGENDA IS ALL BUSINESS IS, UM, BZA CASE 24 1.
THE APPLICANTS HINSLER HE WALL INCORPORATION WAS REQUESTING A VARIANCE FOR SEC FROM SECTION 1185 POINT 12 COMMU, UH, COMMUNICATION OF THE PROPERTY'S LOCATED AT 80 0 1 BRANCH PIPE.
THIS IS AN UPDATE I KNOW, I'M SURE AS STAFF HAS YES MA'AM.
'CAUSE THIS WAS ONE OF THE ONES WE HAD AT THE LAST MEETING.
AND I'VE UPDATED MY STAFF REPORT A LITTLE BIT AND IT'S HIGHLIGHTED AND READ FOR YOU THOUGH TO, TO READ.
YOU MAY HAVE ALREADY REVIEWED IT, SO I'LL JUST DO THE STAFF ANALYSIS AGAIN IF I MAY.
UH, THIS PROPOSAL REP REPRESENTS A SUBSTANTIAL REINVESTMENT IN THE COMMUNITY WITH THE CONSTRUCTION OF A FRESH BUILDING WITH MULTIPLE TENANTS.
AND STAFF AGREES THAT THE NUMBER OF REQUIRED PARKING SPACES THAT CALCULATE UP TO 93 IS UNNECESSARY FOR A BUSINESS OF THIS TYPE.
PUSHING THE BUILDING FURTHER WEST TO OPEN UP MORE PARKING COULD BE CHALLENGING DUE TO TERRAIN THAT INCLUDES A CREEK FLOWING FROM THE NORTHEAST CORNER TO THE SOUTHWEST CORNER OF THE PARCEL.
AN EXAMPLE THE RECENTLY OPENED TAYLOR MART AT 60 24 TAYLORSVILLE ROAD WAS APPROVED BY PLANNING COMMISSION FOR 31 PARKING SPACES.
AND IT'S BASICALLY THE SAME CONSIDER CONFIGURATION CONFIGURATION MINUS A FUELING STATION AS 8,001 BRAND PIKE CONVENIENCE STORES ARE STOP AND GO BUSINESS MODELS.
PARKING CONFIGURED FOR MULTIPLE TENANTS ARRIVING FOR AN EXTENDED SHOPPING EXPERIENCE IS UNNECESSARY.
OUR CITY PLANNER ADVISED THE ENGINEERING FIRM TO REQUEST A VARIANCE FOR THE PARKING REQUIREMENTS IN HIS COMMUNICATION WITH THE APPLICANT'S ENGINEER, HE SAID, QUOTE, I THINK THE PLANNING COMMISSION IS GOING TO HAVE A TOUGH TIME ALLOWING ADDITIONAL RETAIL USES THIS CLOSE TO THE INTERSECTION THAT'S REFERENCING I 70 AND BRAND PIKE, I CAN LEGITIMATELY ARGUE GAS STATIONS AND CONVENIENCE STORES DON'T GENERATE A LOT OF TRAFFIC.
IF THIS WERE TO MOVE FORWARD, I THINK THE PLANNING COMMISSION WILL PUT SIGNIFICANT RESTRICTIONS ON THE PERMITTED RETAIL USES SIZE OR SIMPLY DENY THE REZONING.
THAT'S THE END OF MY AMENDMENTS TO THE STAFF REPORT FOLKS.
DO ANY OTHER MEMBERS HAVE A QUESTION FOR US? AND I BELIEVE THE DEVELOPERS HERE THIS EVENING, IF YOU HAVE, IF YOU WISH, YOU CAN COME UP TO THE POLL AND STATE YOUR NAME AND SPELL IT AND SIGN PLEASE.
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IT'S, UH, RANDY TAKHAR.SORRY, I'M A LITTLE BIT UNDER THE WEATHER, SO
SO CAN YOU KIND OF TELL US WHAT YOU WANT US TO KNOW? UM, TELL YOU WHAT I WANT YOU GUYS TO KNOW.
WE OBVIOUSLY, YOU KNOW, HUBER HEIGHTS IN THE LAST FEW YEARS HAS REALLY STEPPED UP TO THE POINT TO WHERE IT'S, IT'S IMPROVING BUSINESS IS IMPROVING HOW IT'S CONDUCTED, AND, AND I THINK LEVELS HAVE GONE UP, UH, A BIT HIGHER, WHICH IS GOOD.
SO THAT'S WHAT WE WANNA LIVE UP TO.
THAT'S ONE OF THE REASONS WHY WE WANNA REDEVELOP THIS PROPERTY INTO A NICE LITTLE SHOPPING PLAZA.
IT'S NOT SOMETHING WE'RE CAN ATTRACT, UH, LONG DINING BUSINESSES, YOU KNOW, IT IS NOT BIG ENOUGH TO WHERE WE CAN ATTRACT LIKE A STEAKHOUSE.
UH, YOU KNOW, AT THE SAME TIME, WE ALSO WANT TO BE ABLE TO, WE ARE SMALL COMPANY BASED IN OHIO AND YOU KNOW, WE'RE LOCALLY OWNED, LOCALLY OPERATOR AND WE'RE WANTING TO, YOU KNOW, OBVIOUSLY BE ABLE TO COMPETE WITH THE BIGGER PLAYERS SHEETS COMING IN, KCS COMING IN.
SO FOR US, WE'RE NOT A COMP, YOU KNOW, THE COMPANY THAT CAN REALLY DO A LOT OF FOOD.
SO WE'RE FOR US TO GENERATE A LITTLE BIT EXTRA INCOME TO BE ABLE TO STAY COMPARED TO BE ABLE TO BE IN BUSINESS.
YOU KNOW, SO HENCE COLLECT A LITTLE BIT OF TENEMENT, LIKE MAYBE A COFFEE SHOP, DONUT SHOP, YOU KNOW, ONE OF THOSE SMALLER TYPE OF FACILITIES TO WHERE WE CAN STAY IN BUSINESS.
TO US, THE WAY IT IS RIGHT NOW, WE'RE NOT GONNA BE ABLE TO SURVIVE.
AND I DON'T THINK IT'S GONNA LOOK GOOD FOR OBVIOUSLY FOR US TO CLOSE A BUSINESS.
AND I DON'T THINK IT LOOKS REALLY GOOD FOR THE CITY TO EITHER BE LOOKING AT AN EYESORE EITHER.
SO THIS IS, THIS IS AN INVESTMENT THAT IS MAKING US THINK TWICE, THREE TIMES, FOUR TIMES.
YOU KNOW, IT'S, YOU KNOW, IF, IF WE DON'T DO IT, THERE'S NO WAY THIS GAS STATION'S GONNA SURVIVE.
THAT'S HOW WE'RE LOOKING AT IT.
ANY, ANY, ANY, ANY QUESTIONS FROM UM, UM, BOARD MEMBERS? NO QUESTIONS.
WHAT TYPE OF, YOU SAID YOU WERE THINKING ATTRACTING COFFEE SHOPS OR SOMETHING SIMILAR, CORRECT? YES, SIR.
IS THERE ANY RESTRICTION IN WHAT YOU MIGHT ACCEPT? I MEAN, IF SOMEBODY SAYS, I WANNA OPEN A HAIR SALON.
NO, HAIR SALON IS NOT A, THEY WOULDN'T BE INTERESTED, BUT WOULD IT BE, I MEAN, IF FOR A SPOT LIKE THAT, IT WOULD BE A HORRIBLE LOCATION, RIGHT? YEAH.
YOU KNOW, I I I MEAN WE'RE NOT INTERESTED IN HERE S SALON.
I MEAN, YOU KNOW, THE OTHER THING IS, YOU KNOW, LIKE A UPS STORE WHERE SOMEBODY'S GONNA DROP OFF A PACKAGE OR A FEDEX STORE, RIGHT? AND GO, THAT'S ONE OF THE THINGS WE'RE THINKING.
UM, YOU KNOW, AN ICE CREAM SHOP, YOU KNOW, WITH LIKE MAYBE ONE OR TWO TABLES.
UM, YOU KNOW, YOU COULD EVEN HAVE NOWADAYS, YOU KNOW, PHONE ANSWERING SERVICE, RIGHT? SO THERE'S ONE OR TWO PEOPLE THAT ARE JUST DOING A PHONE ANSWERING SERVICE, NOTHING ELSE.
UM, YOU KNOW, I MEAN, I COULD GO ON, I MEAN, GO ON AND ON.
I MEAN, IT'S, UH, CHECK CASHING.
WHAT DOES THAT REQUIRE? ONE PERSON COMES IN, ONE PERSON LEAVES, RIGHT? NOT VERY MANY CUSTOMERS.
SO THESE ARE THE TYPE OF TENANTS THAT WE'RE ENTRUSTED IN ATTRACTING.
IF YOU ASK ME MY PREFERENCE, MY PREFERENCE WOULD BE A COFFEE SHOP BECAUSE I THINK THAT WOULD HELP THE GAS STATION SIDE OF IT OUT.
BUT WHETHER I GET MY PREFERENCE AS A TENANT IS A DIFFERENT STORY.
BUT WE'RE DEFINITELY NOT, YOU KNOW, THERE'S NO WAY WE'RE GONNA BE ABLE TO ATTRACT LIKE A LARGE SITTING TYPE OF FACILITY IN THERE.
LIKE A, YOU KNOW, NOWADAYS DOMINO'S OR PIZZA, WHICH IT'S ONLY CARRY OUT PIZZA OR DELIVERY.
THERE'S NOT A VERY MANY PLACES WHERE YOU CAN ACTUALLY SIT DOWN AND EAT A PIZZA.
WE WOULD TARGET SOMETHING ALONG THOSE LINES OF, UM, OKAY.
JUST NO OTHER QUESTIONS WE'RE GONNA PROCEED ON TO UM, SO HE CAN SIT DOWN.
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WHAT I'M GOING TO DO, PROCEED IS READ OUT, READ THE VARIANCES, AND EACH INDIVIDUAL VARIANCE SAY, UH, WE WILL TAKE A VOTE ON THERE, YES OR NO.SO I'M GONNA START WITH THE FIRST VARIANCE.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFITS USE OF THE PROPERTY WITHOUT THE VARIANCE.
MADAM SECRETARY, CAN YOU TAKE THE ROLE PLEASE? MR. DEAN? YES.
WHETHER THE VARIANCE IS SUBSTANTIAL.
WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIAL, ALTERED, OR WHETHER ADJOURNING PROPERTIES WILL SUFFER 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 GARBAGE REMOVAL.
WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION, MR. MOCK? YES.
WHETHER THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE AVERTED THROUGH SOME OTHER METHOD? SOME METHOD OTHER THAN A VARIANCE.
WHETHER THE SPIRIT INTENT BE BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED ON STATUTE JUSTICE DONE BY GRANT VERS.
COULD I HAVE A MOTION TO APPROVE THE VARIANCE? UM, I'LL MAKE A MOTION THAT WE APPROVE THE VARIANCE FOR BCA CASE 24 DASH OH ONE.
DO I HAVE A SECOND? I'LL SECOND IT.
IT'S BEEN MOVED BY MR. DEAN A SECOND BY, UH, MR. SCHAFFER THAT THE VARIANCE BE APPROVED.
IS THERE ANY QUESTION ON THE MOTION? NO QUESTION ON THE MOTION.
MADAM SECRETARY, WILL YOU CALL THE ROLL PLEASE? MR. MOCK? YES.
SINCE IT, IT IS, UM, TWO TO TWO, UM, FOR AND AGAINST SINCE IT'S A TIE.
ALRIGHT, WE WILL PROCEED TO THE NEXT CASE ONCE I FIND THE PAPERS.
OKAY, WE'LL PROCEED TO NEW BUSINESS.
THE FIRST ITEM ON THE NEW BUSINESS IS BZA CASE 24 0 2.
THE APPLICANT IRENE TH THURSTON THURSTON, IT'S REQUESTING OF VARIANCE FROM SECTION 1190 1.01.
ASSESS SENSITIVE STRUCTURE, LOCATION.
THE PROPERTY IS LOCATED AT 52 94 BRIDGE, BRIDGE VIEW DRIVE.
WE'LL HEAR FROM MR. DON ON THE STAFF REPORT.
UH, ALSO THIS ATTENDING THE MEETING THIS EVENING IS ZONING OFFICER GREG C GRAVES WHO WAS INVOLVED WITH THIS PROJECT AS WELL.
UH, THE ADDRESS 52 94 BEACH VIEW DRIVE IS A RESIDENTIAL PROPERTY AS ALL OUR ADJACENT PROPERTIES, UH, THE APPLICANT'S REQUESTING A VARIANCE TO ALLOW NON-CONFORMING STRUCTURE TO REMAIN IN ITS CURRENT LOCATION.
YOU HAD SEVERAL ATTACHMENTS IN YOUR PACKET.
UH, VIOLATION CASE REVIEW A COPY OF THE WITHDRAWN PERMIT APPLICATION FROM 2019.
UH, THE ZONING INSPECTOR'S, PHOTOS, CURRENT PLACEMENT, SKETCH AND STATEMENT AND THE OWNER'S STATEMENT.
UH, THE OWNER'S REQUESTING A VARIANCE FROM THE CITY OF IDE ZONING CODE TO ALLOW NON-CONFORMING STRUCTURE TO REMAIN LOCATED IN THE SIDE YARD ZONING CODE SECTION 11 91 0 1 LOCATION STATES IN ANY RBAP THROUGH PD OR
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I DISTRICT AN ACCESSORY BUILDING NOT EXCEEDING ONE IN ONE HALF STORIES 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.
SECTION 11 87 0 5 A FOUR DEALS WITH NON-CONFORMING USES OF LAND.
IT STATES NO EXISTING STRUCTURE DEVOTED TO A USE NOT PERMITTED BY THE ZONING CODE IN THE DISTRICT IN WHICH IT IS LOCATED SHALL BE ENLARGED, EXTENDED, CONSTRUCTED, RECONSTRUCTED, MOVED OR STRUCTURALLY ALTERED EXCEPT IN CHANGING THE USE OF THE STRUCTURE TO A USE PERMITTED IN THE DISTRICT IN WHICH IT'S LOCATED.
IN SIMPLE TERMS, IF YOU PUT IT BACK UP, YOU GOTTA MOVE IT TO THE RIGHT PLACE.
THAT'S WHAT THAT COMES DOWN TO.
THE APPLICANT PROPERTY OWNER HAS RECONSTRUCTED AN EXISTING STORAGE BUILDING THAT IS NON-CONFORMING DUE TO ITS LOCATION IN THE SIDE YARD.
THE BUILDING HAS NO PERMIT AND AN APPLICATION FOR PERMIT SUBMITTED IN AUGUST OF 2019 WAS NOT ISSUED DUE TO THE OWNER INFORMING THE CITY THAT THE STRUCTURE WAS NOT BEING BUILT.
THE SKETCH SUBMITTED ON THAT APPLICATION PLACED THE PROPOSED BUILDING IN THE REAR YARD.
THE OWNER REFERENCES A PRIOR VARIANCE FOR THE CURRENT BUILDING LOCATION.
THERE IS NO RECORD OF A VARIANCE IN THE CITY RECORDS.
IT IS POSSIBLE THAT A PERMIT WAS NOT REQUIRED AT THE TIME OF ORIGINAL CONSTRUCTION.
THERE WAS A TIME WHEN A STORAGE SHED DEFINED AS A BUILDING 12 BY 12 BY EIGHT OR SMALLER WAS NOT CONSIDERED AN ACCESSORY BUILDING, SO DID NOT REQUIRE A PERMIT AND COULD THEREFORE HAVE BEEN PLACED IN THE SIDE YARD.
THIS SITUATION WOULD MAKE IT LEGALLY NON-CONFORMING WITH THE CURRENT CODE.
BUT IF REBUILT OR REPLACED, IT MUST CONFORM WITH CURRENT CODE WHICH REQUIRES PLACEMENT IN THE REAR YARD WITH APPROPRIATE SETBACKS.
THE APPLICANT WISHES FOR THE BUILDING TO REMAIN IN ITS CURRENT LOCATION.
THEREFORE A VARIANCE IS REQUIRED.
A STAFF ANALYSIS OF THE PROPERTY OF THE LAWS OF APPROXIMATELY 0.25 ACRES.
THERE ARE NO CITY EASEMENTS ON THE PROPERTY.
THE STRUCTURE IS A STORAGE BUILDING.
PLACEMENT CURRENTLY IS IN THE EAST SIDE YARD.
UH, THE ENGINEERING DEPARTMENT HAS NO CONCERN WITH THIS REQUEST.
IF YOU HAVE ANY QUESTIONS, EITHER I WILL ANSWER THEM OR GREG WILL ANSWER.
HAVE ANY QUESTIONS TO FOR THE STAFF ON THAT? YEP.
AND I BELIEVE THE APPLICANT IS HERE AS WELL, MA'AM.
IF THE APPLICANT WOULD LIKE TO COME UP TO THE PODIUM AND STATE YOUR NAME AND SPELL IT AND SIGN.
UH, I DID NOTE THAT YOU SAID SIR, THAT UH, THE DATE WAS AUGUST OF 19, I BELIEVE WHEN I FIRST APPLIED FOR THE PERMIT.
IT WAS APRIL OF 19 'CAUSE I HAVE A COPY OF IT AT HOME.
I ALSO, UM, IN CASE I HAD TO GO BACK AND REVIEW SOME RECORDS AT THE TIME I BOUGHT THE HOUSE, THE SHED WAS THERE AND I BOUGHT THE HOUSE IN 2004.
UH, MAY OF 19, MARCH 19 THERE AND APRIL, A WIND STORM CAME, DAMAGED MY ROOF.
SO I WANTED TO FIX IT OR REPLACE IT.
SO I CONTACTED THE CITY TO FIND OUT WHAT I NEEDED TO DO AND WAS TOLD I WOULD HAVE TO APPLY FOR A PERMIT, WHICH I BELIEVE I HAD DONE.
UM, I DID ALSO AT THAT TIMEFRAME, UNFORTUNATELY, FIND OUT I HAD CANCER.
SO I CAN'T REMEMBER IF I WITHDREW MY PERMIT OR WHAT I DID BECAUSE I STARTED HAVING CHEMO AND I LEFT A POWER OF ATTORNEY FOR THE PERSON WHO WAS GONNA REPRESENT ME TO DO WHAT NEEDED TO BE DONE.
SO FOR A NUMBER OF MONTHS I WAS IN AND OUT OF RIPPA HOSPITAL RECEIVING CHEMO.
AND HE PROCEEDED WITH DOING WHAT HE THOUGHT I WANTED DONE.
AND I THOUGHT, I THINK HE THOUGHT I HAD A PERMIT AND EVERYTHING WAS APPROVED AND WE WOULDN'T HAVE A PROBLEM BECAUSE I WAS GRANDFATHERED IN.
AND SO THEN HE MOVED FORWARD AND FROM WHAT I UNDERSTOOD, HE WAS SUPPOSED TO BE REPLACING PARTS OF THE SHED THAT NEEDED TO BE REPLACED BECAUSE OF THE ROOM ROOF DAMAGE.
SO IT INTENDED MORE EXTENSIVE WORK THAN WHAT WE THOUGHT.
SO, UM, AS FAR AS I KNOW, I WAS NOT AWARE I WAS IN ANY VIOLATION UNTIL DECEMBER WHEN I GOT A CITATION TELLING ME THAT I WAS IN VIOLATION BECAUSE THE SHED'S BEEN THERE FOR FIVE, ALMOST FIVE YEARS NOW.
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AND I WASN'T AWARE THAT THERE WAS A PROBLEM.AND SO THAT'S WHY I'M ASKING FOR THE VARIANCE BECAUSE THERE IS A POSSIBILITY I HAVE CANCER AGAIN AND IF I HAVE TO MOVE IT AND HAVE TO MAKE ARRANGEMENTS, I'M GONNA PROBABLY HAVE TO GET SOMEBODY TO DO THAT AGAIN.
'CAUSE I HAD TO GO BACK AND DO SOME RESEARCH TOO.
ANYONE HAVE ANY QUESTIONS? APPLICANT? GO AHEAD.
SO IRENE, I JUST WANNA BE CLEAR, THIS ALL OCCURRED WHILE THE, THIS, THIS RECONSTRUCTION OCCURRED WHILE YOU HAD GIVEN YOUR, YOUR LEGAL AN EX-HUSBAND POWER OF ATTORNEY, YOUR POWER OF ATTORNEY TO SOMEBODY ELSE.
AND SO THEY WERE TAKING CARE OF IT FOR YOU IN MY BEHALF, YES.
UM, IT LOOKS LIKE THERE'S BEEN THREE OR FOUR LETTERS SENT.
DID YOU NOT RECEIVE ANY OF THEM? NO, I DID NOT.
THE FIRST LETTER I RECEIVED WAS IN DECEMBER.
THAT'S THE FIRST TIME I GOT ANY NOTICE OR WAS AWARE OF ANY VIOLATIONS.
SO WA WAS YOUR POA PICKING UP YOUR MAIL AT THE HOUSE AT THAT TIMEFRAME? POSSIBLY, YES, BUT THAT WAS 2019.
SO WAS THAT A 2019 TIMEFRAME THAT I RECEIVED LETTERS? NO, UH, 2023? NO, I ONLY RECEIVED THE ONE ON SEVENTH DECEMBER AND THAT'S THE FIRST TIME I BECAME AWARE OF ANY VIOLATION.
AND I RESPONDED IMMEDIATELY, BUT RIGHT BACK WITH A LETTER TO THE CITY ON IT.
THERE IS NO OTHER QUESTIONS FROM, UM, THE BOARD.
YOU HAVE ANY OTHER QUESTIONS? YOU GOOD? OKAY.
WE'LL PROCEED WITH GOING THROUGH THE VARIANCE AND, UM, OKAY.
UH, MADAM CHAIRMAN MA, MAKE IN, IN, IN RESPONSE TO MR. DE'S QUESTION AND TO CLARIFY, WE WERE SENDING, I BELIEVE THE FIRST COUPLE OF LETTERS WHEN I STARTED DOING MY REPORT TO THE ADDRESS IN COLUMBUS, POSSIBLY THAT WAS ASSOCIATED WITH YOU, YOUR ADDRESS.
I DON'T EVEN KNOW WHY IT WAS ADDRESS.
HOWEVER, WHEN I CHECKED, I, I WENT, BECAUSE THAT'S WHAT'S ON THE AUDITOR'S WEBSITE AND THAT'S WHAT WE USE.
SO WHEN I DID THE REPORT, I CHANGED THE ADDRESS.
SO THE LETTERS THAT TWO OF THE LETTERS THAT WERE MAILED TO HER MAY HAVE BEEN, WERE PROBABLY MAILED TO THIS ADDRESS IN COLUMBUS UNTIL WE LOOKED INTO IT AND DISCOVERED THAT WE, SHE'S NOT GETTING THIS, SO WE CHANGED IT.
SO IT IS POSSIBLE THAT SHE ONLY RECEIVED ONE LETTER AFTER THE ADDRESS WAS UPDATED AFTER THE MAILING ADDRESS WAS UPDATED.
SO I WANT TO CLARIFY THAT TO ANSWER YOUR QUESTION AND TO MAKE IT CLEAR TO HER AS WHY SHE ONLY PROBABLY RECEIVED ONE LETTER.
SO WHAT DATE DO YOU HAVE A DATE THAT YOU ALL UPDATED HER ADDRESS? I DON'T HAVE THAT.
I COULDN'T FIND IT IF I LOOKED IN THE DATABASE, BUT THE IMPORTANT THING IS WE GOT, WE GOT IT UPDATED.
WOULD YOU CONSIDER, UH, MR. THURSTON'S RESPONSE TIMELY TO THE DECEMBER LETTER? YES.
ANY OTHER QUESTIONS? OKAY, SINCE THERE'S NO OTHER QUESTION, WE'LL PROCEED WITH THE VARIANCE AND WE'LL VOTE AS STATED BEFORE IN TO THE INDIVIDUAL VARIANCES, WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE, THERE CAN BE ANY BENEFITS TO USE OF THE PROPERTY WITHOUT THE VARIANCE.
WHETHER THE VARIANCE IS SUBSTANTIAL MR. SCHAFER? NO.
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MR. DEAN? NO.WHERE THE ESSENTIAL CHARACTERISTIC OF NEIGHBORHOOD WOULD BE SUBSTANTIAL, ALTERED, OR WHETHER AJOUR PROPERTIES WOULD SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHETHER THE VANS WOULD ADVERSELY AFFECT THE DELIVERY OF GOB OF GOVERNMENTAL S SUCH AS WATER, SANITARY SEWAGE, OR GARISH REMOVAL? MR. MOCK? NO.
WHERE THE PROPERTY OWNER PURCHASED WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS? MR. SCHAFER? YES.
WHETHER THE PROPERTY OWNER'S PREDICAMENT FEASTLY CAN BE AVERTED THROUGH SOME OTHER, SOME METHOD OTHER THAN A VARIANCE MR. DEEM? NO.
WHETHER SPIRIT INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING A VARIANCE.
MAY I HAVE A MOTION TO APPROVE THE VARIANCE? I'LL MAKE A MOTION THAT WE APPROVE THE VARIANCE FOR BZA CASE 24 DASH OH TWO.
DO YOU HAVE A SECOND? I'LL SECOND.
IT'S BEEN MOVED BY MR. DEAN AND SECOND BY MR. SCHAFER THAT THE VARIANCE BE APPROVED FOR BZA CASE 24 0 2 2.
ANY QUESTIONS ON THE MOTION? THERE'S NO QUESTIONS ON THE MOTION.
YOUR REQUEST FOR THE VARIANCE HAS PASSED.
SO, UM, GET WITH THE CITY OF SEE IF THERE'S ANYTHING ELSE YOU MIGHT NEED TO DO.
ALRIGHT, WE'RE GOING TO PROCEED TO THE NEXT CASE.
THE APPLICANT JOSH DY IS REQUESTING A VARIOUS FOR SECTION 11 91 0 1 ASSESS ASSESSIBLE, UH, STRUCTURE, LOCATION, HEIGHT, AND PROPERTY.
THE LOCATION, THE PROPERTY LOCATION IS 20 67 40 DOW DRIVE.
UH, THE PROPERTY AT 67 40 DOW DRIVE IS A RESIDENTIAL PROPERTY AS ARE THE ADJACENT PROPERTIES.
THE APPLICANT IS REQUESTING A VARIANCE FROM THE CITY OF HUBER HEIGHT ZONING CODE TO EXCEED THE MAXIMUM ALLOWABLE HEIGHT OF AN ACCESSORY BUILDING.
IN THIS CASE A DETACHED GARAGE ZONING CODE SECTION 11 91 0 1 LOCATION STATES IN ANY RBAP THROUGH PD OR I DISTRICT, AN ACCESSORY BUILDING NOT EXCEEDING ONE AND ONE 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 TO FULFILL THE INTENDED USE OF THIS GARAGE.
A VEHICLE LIFT MUST BE INSTALLED, WHICH WILL REQUIRE 12 FOOT CEILINGS.
SO THE PROPOSED BUILDING ITEM IS 17 FEET, 10 INCHES.
CITY STAFF RECOMMENDS GRANTING A HEIGHT VARIANCE OF 20 FEET TO THE PEAK OF THE ROOF TO ALLOW FOR ANY CONSTRUCTION ADJUSTMENTS THAT MAY ARISE.
THEREFORE, VARIANCE IS REQUIRED.
THE APPLICANT IS UNDER NO OBLIGATION TO CONSTRUCT TO A HEIGHT OF 20 FEET IF THE RECOMMENDED VARIANCE IS GRANTED.
STAFF ANALYSIS AS FOLLOWS, A LOT IS APPRO, EXCUSE ME, APPROXIMATELY 0.25 ACRES.
THERE ARE NO CITY EASEMENTS ON THE PROPERTY.
THE STRUCTURE IS A DETACHED GARAGE.
PLACEMENT WILL BE THE REAR YARD IN THE SOUTHEAST CORNER.
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UH, THE ENGINEERING DEPARTMENT HAS NO CONCERN WITH THIS REQUEST.DOES ANYONE HAVE ANY QUESTIONS FOR DOLLAR? DOES THE APPLICANT WISH TO COME FORWARD ON STATE YOUR NAME, SPELL IT? UH, MY NAME'S JOSHUA HANEY.
AND UH, YOU KNOW, I DON'T HAVE A WHOLE LOT MORE TO ADD TO IT.
JUST, UH, A COUPLE OF MY NEIGHBORS ACTUALLY DECIDED TO SHOW UP IN FAVOR OF IT AS WELL.
SO I'VE SPOKEN TO NEIGHBORS AND JUST MADE SURE THAT NOBODY HAD ANY ISSUES WITH THE IDEA AND EVERYBODY SEEMS TO BE GOOD WITH IT.
UM, YOU KNOW, PART OF MY REASON FOR DOING THIS IS, UH, I WAS CONSIDERING, YOU KNOW, SELLING MY HOUSE AND MOVING OUTTA HEWARD, GET SOMETHING BIGGER.
WELL, HOUSE PRICES ARE EXPENSIVE RIGHT NOW, OF COURSE.
SO I SAID, WHAT DO I NEED TO BE HAPPY IN THE HOUSE THAT I'M IN? UM, AND IT WAS DETACHED GARAGE WAS MY BIG THING.
SO, UH, JUST A HOBBY OF MINE TO WORK ON CARS AND ALL THAT.
SO I THINK THAT'S ABOUT ALL I GOT.
ANYBODY HAVE ANY QUESTIONS FOR THE APPLICANT? OKAY, SO YOU NEED TO PUT IN A VEHICLE LIFT.
YOU'RE PUTTING IN A VEHICLE LIFT.
OKAY, WELL, WE'LL READ THESE VERSIONS AND MOVE ON.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER IT BE THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE.
WHETHER THE VARIANCE, WHETHER THE VARIANCE IS SUBSTANTIAL.
WHETHER THE CENTRAL CHARACTERISTIC OF NEIGHBORHOOD WOULD BE SUBSTANTIAL, ALTERED, OR WHETHER JOURNEY PROPERTY WOULD SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHERE THE VAS WOULD ADVERSELY AFFECT THE DELIVERY OF GOV GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL? MR. SCHAFER? NO.
WHERE THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION.
WHERE THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE AVERTED THROUGH SOME, SOME METHOD OTHER THAN A VARIANCE.
WHERE THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.
MAY I HAVE A MOTION TO APPROVE THE VARIANCE AND MOVE TO APPROVE BZA CASE 24 0 3.
AND SECOND THAT BZA CASE 20 24 0 3 MM-HMM.
IS THERE, IS THERE A QUESTION ON THE MOTION? SINCE THERE'S NO QUESTION ON THE MOTION, MADAM UH, SECRETARY, WILL YOU TAKE A VOTE, PLEASE? OKAY.
PASSES FOUR ZERO YOUR REQUEST FOR THE VARIOUS PASSES.
UM, GET WITH THE STAFF TO SEE IF THERE'S ANY ADDITIONAL STUFF THAT YOU MIGHT NEED TO DO.
WE'LL CONTINUE ON THE, THE AGENDA AND THEN WE CAN GET UP OUTTA HERE.
NEXT ON THE AGENDA, NEWS BUS, NEW BUSINESS OR CONTINUING ADDITIONAL BUSINESS IS THE ELECTION OF OFFICERS.
I'M LOOKING FOR A NOMINATION FOR A NEW CHAIR FOR 2024.
[00:35:06]
ALRIGHT.MR. SCHAFER HAS NOMINATED EVA.
ARE THERE ANY OTHER NOMINATIONS? OKAY.
SO I NEED A MOTION FOR EVA NEWBIE TO BE THE CHAIR.
I MOVE THAT, UH, EVA NEWBIE BE THE CHAIR OF THE BOARD OF ZONING APPEALS AND A SECOND SECONDER.
I DIDN'T ASK IF YOU'D ACCEPT THAT.
I'M LOOKING FOR A NOMINATION FOR VICE CHAIR.
I WOULD LIKE TO NOMINATE MR. DEAN FOR VICE CHAIR.
MR. DEAN, DO YOU ACCEPT THAT? YES.
ANY OTHER NOMINATIONS FOR VICE CHAIR? I NEED A MOTION TO, FOR MR. BOB DEAN TO BE THE VICE CHAIR.
THAT PASSES IS FOUR TO ZERO FOR MR. BOB DEAN.
MARCH THE SIXTH AND APRIL THE THIRD.
AND I DO ALREADY HAVE A CASE FOR MARCH 6TH.
MR. FYI IT WILL NOT BE HERE FOR MARCH 6TH.
OH, YOU GOING ON CRUISE, AIN'T YOU, AUSTRALIA? OH, ACTUALLY I'LL BE IN NEW ZEALAND.
YOU DIDN'T GET FROM THE BOARD? YEAH, MY DAUGHTER'S, MY DAUGHTER'S, UM, BEST FRIEND AND HER HUSBAND ARE GOING TO UM, AUS IN MARCH TOO BECAUSE UH OKAY.
HE MIGHT SEE HER, HE, HER AND HIM.
'CAUSE THEY COMING BACK ON APRIL THE SIXTH BECAUSE MY DAUGHTER GOT A ENGAGEMENT PROBLEM.
BECAUSE MY DAUGHTER GOT AN ENGAGEMENT PARTY THERE.
DO, CAN I GET A MOTION TO ADJOURN? I AMEND TO ADJOURN.