* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. YES, [00:00:02] I SHOULD CALL THE MEETING OF THE CITY OF [ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road June 5, 2024 6:00 P.M.] HUBER HEIGHTS, BOARD OF ZONING APPEALS TO ORDER. MADAM SECRETARY, WILL YOU CALL, EXCUSE ME. CALL THE ROLE PLEASE. MS. BALLARD? HERE. MR. DEAN? HERE. MR. MOCK. HERE. MR. SCHAFER PRESENT. MS. NEWBIE HERE. WE'LL FOLLOW THE AGENDA AS WRITTEN. UM, PROOF OF THE MINUTES, WE HAVE ONE SET OF MINUTES FROM APRIL THE THIRD, 2024 MEETING. ARE THERE ANY COMMENTS OR CHANGES OR CORRECTIONS NEED TO BE MADE TO THOSE MINUTES HEARING OR SEEING NONE? THE MINUTES WILL BE, UM, STAND HAS WRITTEN. MAY I HAVE A MOTION TO APPROVE THE AGENDA FOR THIS EVENING? I MOVE TO APPROVE AGENDA FOR THIS EVENING. I'LL SECOND IT. IT'S BEEN MOVED. AND SECOND, THAT THE AGENDA FOR THE BOARD OF ZONING APPEALS OF THE CITY OF HUBERT HEIGHTS, UM, JUNE 5TH, 2024, IS APPROVED. ANY QUESTIONS ABOUT THE AGENDA? NO QUESTIONS. NO VOTE THAT WE NEED TO TAKE ON THAT, RIGHT? OKAY. NO VOTE. WE WILL PROCEED. WITNESSES IN ACCORDANCE WITH THE RULES OF THE BOARD OF 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, I WOULD ASK EVERYONE TO STAND, RAISE YOUR RIGHT HAND AND RESPOND. I DO. TO THE FOLLOWING OATH. OKAY. YOU READY? OKAY. DO YOU HEREBY SWEAR OR AFFIRM ON A THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO. WE DO. OKAY. THANK YOU. ALSO, ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER THE CASE, UH, REVIEW AND STAFF REPORT, WHAT WE NEED YOU TO DO AFTER THAT IS STEP UP TO THE PODIUM, STATE YOUR NAME AND SPELL IT FOR THE RECORD AND PLACE YOUR NAME. THERE'S A SHEET ON THE PODIUM. WE NEED YOU TO WRITE YOUR NAME ON THAT SHEET. WE DON'T HAVE ANY OLD BUSINESS FOR TONIGHT, SO WE WILL PROCEED WITH THE NEW BUSINESS FOR TONIGHT. THE FIRST NEW BUSINESS FOR TONIGHT IS BZA CASE 24 0 6. THE APPLICANT DAVID AND BONNIE LAUER. LOUD, L-O-U-D-N-E-R. LAUNER. THANK YOU. I REQUESTING A VARIANCE FROM SECTION 11 91 0 1 ASSESSABLE BUILDING LOCATION, PROP, UH, LOCATION. THE PROPERTY IS LOCATED 64 70 ALTAR ROAD. OKAY, DAN, DON? YES MA'AM. GOOD EVENING EVERYONE. THANK YOU FOR BEING HERE. UH, THE AFOREMENTIONED PROPERTY IS A SINGLE FAMILY HOME. IT IS ZONED R FOUR SINGLE FAMILY AS ARE THE ADJACENT PROPERTIES. UH, THE OWNER'S REQUESTING A VARIANCE FROM THE CITY OF IDE ZONING CODE TO ALLOW A NON PERMITTED STORAGE BUILDING TO REMAIN IN THE SECONDARY FRONT YARD, WHICH IS ELK COURT AND LOCATED LESS THAN FIVE FEET FROM THE HOUSE. THE ZONING STAFF HAS BEEN ADVISED THAT THE OWNER HAS SPECIAL NEEDS. ADDITIONALLY, WE ARE ADVISED THAT FOR HIM TO ACCESS TO STORAGE BUILDING, IT NEEDS TO REMAIN IN ITS CURRENT LOCATION. THE ZONING CODE SECTION 11 91 0 1 STATES IN ANY RBAP THROUGH PD OR 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 SITE. AND REAR LOT LINES. IN ORDER TO, TO ALLOW THE BUILDING TO REMAIN IN ITS PRESENT LOCATION, THE APPLICANT REQUIRES A VARIANCE FROM THE BOARD. IF A VARIANCE IS GRANTED, THE OWNER MUST APPLY FOR THE PROPER ZONING PERMIT. CITY STAFF FEELS THIS IS A REASONABLE REQUEST AND HAS NO OBJECTION TO THE GRANTING OF THIS VARIANCE. THE STAFF ANALYSIS AS FOLLOWS ALLOWS APPROXIMATELY 0.25 ACRES. THERE ARE NO CITY UTILITIES INVOLVED IN THIS VARIANCE REQUEST. THE STRUCTURE AS STATED, IS A STORAGE BUILDING PLACEMENT IS NORTH OF THE HOUSE IN THE ALP COURT. FRONTAGE, UH, THE ENGINEERING DEPARTMENT HAS NO CONCERN WITH THIS REQUEST. THERE ENDS MY REPORT. THANK YOU. DO ANY OF THE BOARD MEMBERS HAVE ANY QUESTIONS FOR DON? WOW, I GOT UP EASY. OKAY. UM, IS THERE ANYTHING THAT THE APPLICANT WOULD LIKE TO, TO SAY OR ANYONE THAT WANNA SPEAK ON THIS CASE? MY NAME IS SUZANNE LAUNER WHITMER. I CAN SPELL ALL OF THAT FOR YOU OR I CAN WRITE IT HERE. WE NEED BOTH. UH, S-U-Z-A-N-N-E-L-O-U-D-N-E-R-W-I-T-T-M-E-R. [00:05:03] THERE IS NO HYPHEN, THERE'S JUST A SPACE. UM, MY PARENTS, MY BROTHER AND I HAVE BEEN WORKING TO KEEP THEM INDEPENDENT. AND SO THE PLACEMENT OF THE BUILDING WAS TO ALLOW THEM TO BE ABLE TO, SORRY. SO IT'S EMOTIONAL AS THEY GET OLDER, UM, WAS TO ALLOW THEM TO STILL HAVE THEIR INDEPENDENCE. IF YOU DRIVE BY THE HOUSE OR TAKE A MINUTE TO LOOK IN THE BACKYARD, YOU'LL DISCOVER THAT, UM, THE FLOWERS ARE IMMACULATE. UM, ALL OF THE FLOWERS, WITH THE EXCEPTION OF ONE FLOWER BED, UM, ARE LOCATED UP AGAINST THE, UH, THE PATIO. UM, PURPOSE BEING THAT THEY CAN ACCESS THOSE FROM A FLAT AND SAFE WALKWAY, UM, WITHOUT BEING A FALLING OR TRIPPING HAZARD TO WHERE WE HAVE TO CALL, UM, THE EMS OFTEN. UM, SO A LOT OF THOUGHT WAS PUT INTO IT. THE SHED IS, UM, RIGHT UP AGAINST THE PATIO. UM, MY BROTHER AND I ARE IN THE PROCESS OF BUILDING A RAMP. WE HAVE A, UH, UH, A TEMPORARY RAMP THAT CAN BE COLLAPSED AND PUT AWAY FOR NOW, UM, UNTIL WE'RE ABLE TO FINISH UP THE PERMANENT RAMP, BUT WE WEREN'T GONNA FINISH IT IF THE VARIANCE WAS NOT GRANTED. OKAY. UM, BUT IT IS TO PREVENT THEM FROM WALKING ON THE UNEVEN TERRAIN SO THAT THEY DON'T FALL AND TO KEEP THEM SAFE. OKAY. SO, THANK YOU. MM-HMM. , DO YOU ANYONE HAVE ANY QUESTIONS FOR OKAY. SINCE WE DON'T HAVE ANY QUESTIONS, WE'RE GONNA GO AHEAD AND CLOSE THIS CASE AND I'M GONNA READ THE VARIANCE AND WE'RE GONNA VOTE ON THE IN INDIVIDUAL, THEN WE'LL MAKE A DECISION. THANK YOU SO MUCH. OKAY. LET ME, UM, READ THE VARIANCE STANDARDS. THE FIRST ONE IS WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFITS USE OF THE PROPERTY WITHOUT THE VARIANCE. MY SECRETARY, TAKE THE CALL. ROLL PLEASE. MS. BALLARD. READ THAT AGAIN, PLEASE. OKAY. WHETHER THE PRO PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE? NO. MR. DEAN? NO. MR. MOCK? YES. MR. SCHAFFER? YES. MS. NEWBY? YES. WHERE THE VARIANCE IS SUBSTANTIAL. MR. DEAN? NO. MR. MOCK? NO. MR. SCHAEFFER? NO. MS. BALLARD? NO. MS. NEWBIE? NO. WHETHER ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIAL, ALTERED, OR WHETHER AJOUR PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE. MR. MOCK? NO. MR. SCHAFER? NO. MS. BALLARD? NO. MR. D, NO. MS. NEWBIE? NO. WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL? MR. SCHAFER? NO. MS. BALLARD? NO. MR. DEAN? NO. MR. MOCK? NO. MS. NEWBIE? NO. RATHER, THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE VARI OF KNOWLEDGE OF THE ZONING RESTRICTIONS. MS. BALLARD? NO. MR. DEAN? NO. MR. MOCK? NO. MR. SCHAFER NO. MS. NEWBIE? NO. WHETHER THE PROPERTY OWNER'S PREDICAMENT FEASIBLY CAN BE AVERTED THROUGH SOME OTHER, OTHER, OTHER, SOME METHOD OTHER THAN A VARIANCE. MR. DEAN? NO. MR. MOCK? NO. MR. SCHAFER NO. MS. BALLARD? NO. MS. NEWBIE? NO. WHETHER THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENTS WOULD BE OBSERVED WITH STATUTE OF JUSTICE DONE BY GRANT. THE VARIANCE. MR. MOCK? YES. MR. SCHAFER? YES. MS. BALLARD? YES. MR. DEAN? YES. MS. NEWBIE? YES. OKAY. MAY I HAVE A MOTION TO, UM, APPROVE THE VARIANCE? I MAKE A MOTION TO APPROVE BCA CASE 24 0 6. SECOND. IT'S BEEN MOVED. AND SECOND, THAT THE BZA CASE 24 0 6 WILL BE APPROVED. ARE THERE ANY QUESTIONS ON THE MOTION? IF THERE'S NO QUESTIONS, LET'S VOTE. ALL RIGHT. MS. BALLARD? YES. MR. DEAN? YES. MR. MOCK? YES. MR. SCHAFER? YES. MS. NEWBIE? YES. FIVE. UM, THE VARIANCE HAS BEEN APPROVED. UH, WE RECOMMEND THAT YOU JUST [00:10:01] GET WITH THE CITY TO SEE IF THERE'S ANY ADDITIONAL INFORMATION THAT, UH, YOU NEED. AND, UM, YES MA'AM. THANK YOU. APPRECIATE, AND YOU ALL BE SAFE. YOU KNOW, DO WHAT YOUR DOCTOR SAY. DO, HERE'S YOUR APPLICATION FOR YOUR, JUST TAKE THAT WITH YOU. YES, YOU, YOUR HONOR. I DON'T CARE. THANK YOU MUCH, YOUR HONOR. YOU'RE WELCOME. THANK YOU. YOU'RE WELCOME. WELCOME. HAVE A GOOD DAY. THANK YOU. OH MY GOD. BE LIKE THAT. I DON'T WANNA BE LIKE THAT. YEAH, YEAH. THAT'S OKAY. THAT'S OKAY. HEY, THAT ONLY COST YOU 10 MINUTES, BRO. IT'S GOOD. . OH, THAT HOW THAT'LL SEE YOU TOMORROW. THAT'S HOW YOU CAME. I'M, I'M HURT. DID YOU LEAVE? ALRIGHT, WELL, WE'LL GO TO THE NEXT CASE ONCE I FIND WHAT IT IS. OKAY. THE NEXT CASE IS B-Z-B-Z-A CASE 24 0 7. THE APPLICANT, MELISSA WEINER, IS REQUESTING A VARIANCE FROM SECTION 11 90 91 0 1, A LIABLE HEIGHT. THE PROPERTY IS LOCATED AT 67 45 PITTSBURGH ROAD. UH, THE PROPERTY IS A SINGLE FAMILY HOME, UH, SURROUNDED BY RESIDENTIAL PROPERTIES WITH THE EXCEPTION OF THE SOUTH SIDE OF THE ROAD, WHICH IS IN THE CITY OF DAYTON. UM, APPLICANT IS, UH, AND OWNER IS REQUESTING A VARIANCE FROM THE CITY OF HUB BRIDE ZONING CODE TO ALLOW A PROPOSED ACCESSORY BUILDING TO EXCEED THE ALLOWABLE 14 FOOT HEIGHT BY FIVE FEET FOR A TOTAL BUILDING HEIGHT OF 19 FEET. THIS VARIANCE WOULD FACILITATE THE USE OF A LIFT INSIDE THE BUILDING ZONING CODE SECTION 11 91 0 1. STATES IN ANY RBAP 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 SITE, AND REAR LOT LINES. AS A RESULT OF THE CODE RESTRICTION ON BUILDING HEIGHT, THE PROPERTY OWNER REQUIRES A VARIANCE. CITY STAFF FEELS THIS IS A REASONABLE REQUEST AND HAS NO OBJECTION TO THE GRANTING OF THIS VARIANCE. STAFF ANALYSIS AS FOLLOWS, AS PARCEL AS APPROXIMATELY 0.7 ACRES, UH, THERE ARE NO CITY UTILITIES INVOLVED IN THIS VARIOUS REQUEST. UH, THE STRUCTURE IS A STATED AND ACCESSORY BUILDING WOULD BE PLACED IN THE NORTH OR REAR OF THE HOUSE. UH, THE ENGINEERING DEPARTMENT HAS NO CONCERN WITH THIS REQUEST. YOU HAVE QUESTIONS FOR ME? I'LL BE HAPPY TO ANSWER IF I CAN. ANY MEMBER HAVE QUESTIONS FOR STAFF ON, ON THIS CASE? YEAH, I GUESS ONE I GOT, I DO HAVE ONE QUESTION, DON. SURE. DO YOU KNOW, IS THE, UH, PROPERTY LOCATED ACROSS THE STREET OWNED BY THE CITY, OR IS THAT IT? I DON'T KNOW. IT IS IN THE CITY OF DAYTON. IT'S NOT ANYMORE. SORRY. NO, THAT'S OKAY. BECAUSE SHE KNOWS IT'S NOT ANYMORE IN THE CITY OF DAYTON. IT'S IN SOMEBODY ELSE IN THE DEVELOPER OUT OF CINCINNATI OR COLUMBUS. AND THEY WANT TO DEVELOP SINGLE FAMILY, DON'T THEY? MELISSA? ISN'T THAT THE, WHAT THE YEAH, THAT'S WHAT THERE'S BEEN A BIT OF AN UPROAR ABOUT THAT AMONG PROPERTY, BUT THEY ONLY, THEY PLANTED THE FIELD ACROSS THE STREET, SO I'M ASSUMING IT DIDN'T GO THROUGH AT LEAST NOT THIS YEAR, RIGHT? NOT THIS YEAR, YES. BUT THAT'S BEEN, I'VE LIVED HERE 25 YEARS AND IT'S BEEN A GOLF COURSE TO HOUSES TO OPEN THE FIELD. OKAY. THANK YOU. THANK YOU. DO YOU WISH TO COME UP ANY, IF YOU DON'T HAVE ANY QUESTIONS, ARE YOU GOOD? I'M GOOD. OKAY. APPLICANT SAYS SHE'S GOOD AND DON'T HAVE ANY QUESTIONS, SO WE'LL PROCEED ON, WE'LL CLOSE THE CASE AND I WILL READ THE VARIANCE AND THEN WE'LL MOVE ON. OKAY? ALL RIGHTY. OKAY. OKAY. WE'RE GONNA START WITH A, WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BE BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE. MR. MR. DEAN? SORRY. MM-HMM? , GO AHEAD. YES. MR. MOCK? YES. MR. SCHAFER? YES. MS. BALLARD? YES. MS. NEWBIE? YES. WHERE THE VARIANCE, VARIANCE IS SUBSTANTIAL. MR. MOCK? NO. MR. SCHAFER? YES. MS. BALLARD? YES. MR. DEAN? YES. MS. NEWBY? YES. WHETHER ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD, WOULD BE SUBSTANTIAL, ALTERED, OR WHETHER JOURNEY PROPERTY WOULD SUFFER A SUBSTANTIAL DETRIMENT AS, AS A RESULT OF THE VARIANCE. MR. SCHAFER? NO. MS. BALLARD? NO. MR. DEAN? NO. MR. MOCK? NO. [00:15:01] MS. NEWBIE NO. WHERE THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL. MS. BALLARD? NO. MR. DEAN? NO. MR. MOCK? NO. MR. SCHAFFER? NO. MS. NEWBIE? NO. WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION, MR. DEAN? NO. MR. MOCK? YES. MR. SCHAFER? YES. MS. NEWBIE? YES. SORRY. MS. BALLARD, OKAY. YES. MS. NEWBIE? YES. OKAY. OKAY. WHERE THE PROPERTY ONLY PREDICAMENT FEAS PLEA CAN BE AVERTED THROUGH SOME OTHER METHOD OTHER THAN A VARIANCE. MR. MOCK? YES. MR. SCHAFER? YES. MS. BALLARD? YES. MR. DEAN? YES. MS. NEWBIE? YES. WHERE THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE? OBSERVE AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE. MR. SCHAFER? NO. MS. BALLARD? NO. MR. DEAN? NO. MR. MOCK? YES. MS. NEWBIE? YES. OKAY. MAY I HAVE A MOTION TO APPROVE CASE? 24 0 7 24. YEAH. OH SEVEN. I MOVE TO APPROVE KBZA CASE 24 0 7. COULD I HAVE A SECOND? SECOND. IT'S BEEN MOVING. SECOND. IT THAT CASE BZA CASE 24 0 7 BE APPROVED. ARE THERE ANY QUESTIONS ON THE MOTION HEARING? NO QUESTIONS OR SEEING NO HANDS? UH, MADAM SECRETARY, WILL YOU TAKE A VOTE? OKAY. MR. SCHAFER? NO. MS. BALLARD? YES. MR. DEAN? NO. MR. MOCK? YES. MS. NEWBIE? YES. 2, 3, 3 TO TWO. OKAY. YOUR REQUEST PASS, GET WITH THE CITY STAFF TO SEE WHAT YOU NEED TO DO. OKAY? THANK YOU VERY MUCH. THANK YOU. YOU ARE WELCOME. MOVING ALONG. OKAY. WHAT ELSE BEFORE BUSINESS? NONE. AND WE DON'T HAVE ANY ADDITIONAL BUSINESS UPCOMING MEETINGS? JULY 3RD. THE DAY BEFORE 4TH OF JULY. DOES ANYBODY WANNA TALK ABOUT THAT? DO YOU WANT TO, I MEAN, IT'S OF COURSE, DEPENDS ON IF WE HAVE CASES, BUT IT IS THE DAY BEFORE HOLIDAY, SO AT THIS POINT I DON'T HAVE ANYTHING. BUT IS ANYBODY GONNA BE OUT OF TOWN OR ANYTHING LIKE THAT THAT I NEED TO KNOW OF? I'LL BE AROUND. I'LL BE HERE. OKAY. I'LL BE HERE. YEAH. OKAY. OKAY. SO I'LL LET YOU KNOW IF ANYTHING COMES IN. OKAY. GOOD. YOU KNOW, CAN WE BRING FIREWORKS FOR THE PARKING LOT AFTER? YES. OKAY. I'LL GET SOMETHING FROM MY NEIGHBOR. OKAY. AND THE NEXT ONE AFTER JULY 3RD, THE NEXT ONE WILL BE AUGUST 7TH. OKAY. SO IF WE DON'T HAVE ANY ELSE, ANYTHING ELSE TO DISCUSS, CAN I HAVE A MOTION TO, MAY I HAVE A MOTION TO ADJOURN? I'LL MAKE A MOTION TO ADJOURN. SECOND. IT'S BEEN MOVING. SECOND THAT WE ADJOURN. ALRIGHT. 18 MINUTES. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.