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IT ALL ON.[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road May 7, 2025 6:00 P.M.]
I SHOULD CALL THE MEETING OF THE CITY OF RIVER HEIGHTS BOARD OF ZONING APPEALS TO ORDER MATTER.SECRETARY OF POLICE CALL THE ROLL.
I'M SORRY, THIS ISN'T CORRECTED.
WE GONNA DO A, UM, SWEARING IN FIRST.
WE SWEAR HIM IN SO HE CAN THEN BE ON THE ROLL.
MR. DEAN, RAISE YOUR RIGHT HAND.
YOU'RE ABOUT TO FLAG ON THE SERIOUS SIDE.
RAISE YOUR RIGHT HAND LEFT ON THIS I'M, I HAVE READ.
AFFIRM TO SUPPORT, TO SUPPORT THE CONSTITUTION OF THE UNITED STATES CONSTITUTION OF THE UNITED STATES.
THE CONSTITUTION OF THE STATE OF OHIO, CONSTITUTION OF THE STATE OF OHIO.
THE CHARTER IN ALL ORDINANCE, IN ALL ORDINANCE OF THE CITY OF ER HEIGHTS OF THE CITY OF HUBER HEIGHTS.
THAT I WILL FAITHFULLY, HONESTLY.
AND IMPARTIALLY AND IMPARTIALLY DISCHARGE THE DUTIES OF MY OFFICE.
DISCHARGE THE DUTIES OF MY OFFICE TO THE BEST OF MY ABILITY.
LEMME GET SOME SIGNATURES AFTER THE MEETING.
NOW I SHOULD CALL THE MEETING OF THE CITY OF HUBER HEIGHTS.
BOARD OF ZONING APPEALS TO ORDER.
MADAM SECRETARY, WILL YOU CALL THE ROLL PLEASE? MS. BALLARD? HERE.
MS. NEWBIE HERE WE WILL TONIGHT WE WILL FOLLOW THE AGENDA AS WRITTEN.
THE NEXT NEXT ITEM IS THE APPROVAL OF THE MINUTES.
WE HAVE ONLY ONE SET OF MINUTES FROM OCTOBER 2ND, 2024.
IF THERE, ARE THERE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THESE MINUTES? IF NOT, AND SEE NO COMMENTS THAT THE MINUTES WILL BE STAND AS APPROVED.
NEXT ITEM IS APPROVAL OF THE AGENDA.
MAY I HAVE A MOTION TO APPROVE THE AGENDA? I'LL MAKE A MOTION TO APPROVE THE AGENDA FOR TONIGHT.
IT IS BEEN MOVED BY MR. DEAN AND SECOND BY MR. SCHAFFER THAT THE AGENDA FOR MAY 8TH, 2020, UH, 2020 MAY 7TH, 2025 BE APPROVED.
WILL THERE ANY QUESTIONS WITHOUT ANY QUESTIONS? THE AGENDA WILL BE APPROVED IN ACCORDANCE WITH THE RULES OF THE ZONING BOARD APPEALS.
ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA, THIS ISSUE NEEDS TO BE STORED IN.
SO I ASK A, ANY I ASK EVERYONE TO STAND.
PLEASE RAISE YOUR RIGHT HAND AND RESPOND.
TO THE FOLLOWING OATH, DO YOU HEREBY SWEAR OR CONFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO DO.
SO, AND, AND WHEN, WHEN YOUR CASE COME UP, ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER CASE REVIEW BY THE STAFF THIS REPORT, PLEASE STATE STEP TO THE PLAN.
THERE'S A PIECE OF PAPER ON THE PHONE AND WRITE YOUR NAME AND FOR THE RECORD AND PLEDGE YOUR NAME ON THE SHEET.
SINCE WE DON'T HAVE ANY OLD BUSINESS, WE'LL GET RIGHT INTO THE NEWS BUSINESS FOR 2025.
THE FIRST CASE IS BZA CASE 25 0 1.
THE APPLICANT DAVID PRICE IS REQUESTING A VARIANCE FROM SECTION FROM SECTION 1190 1.01.
ACCESSORY BUILDING LOCATION, UH, LOCATION.
PROPERTY IS LOCATED AT 63 90 CHARLOTTE COURT.
DON, CAN YOU READ YOUR, UM, STAFF REPORT, PLEASE? YES, MA'AM.
I HOPE TO SEE YOU AGAIN THIS YEAR.
CHARLOTTE COURT IS A RESIDENTIAL PROPERTY ZONE, PLANT RESIDENTIAL, AS ARE ALL THE SURROUNDING PROPERTIES.
UH, AS STATED, THIS IS A REQUEST FOR AREAS FROM SECTION 11 91 0 1, WHICH IS A LOCATION OF AN ACCESSORY STRUCTURE DUE TO THE RECENT CONSTRUCTION, RELATIVELY RECENT CONSTRUCTION OF THE BUILDING, NO AERIAL MAP WAS AVAILABLE BECAUSE NOTHING'S BEEN FLOWN SINCE THIS HOUSE WAS BUILT.
SO IT WOULD'VE BEEN NOTHING BUT A DIRT LOT, WHICH WOULD NOT HAVE GIVEN REALLY ANY REFERENCE POINTS.
SO, UH, MY REPORT READS AS FOLLOWS, THE OWNER'S REQUESTING A VARIANCE FROM THE CITY OF HUB HEIGHTS ZONING CODE TO LOCATE
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AN ACCESSORY BUILDING WITH LESS THAN THE REQUIRED PROPERTY LINE SETBACK THE OWNER WISHES TO DECREASE, DECREASE THE SOUTH PROPERTY LINE SETBACK FROM FIVE E TO TWO FEET.SECTION 11 91 1 LOCATION STATES N-N-E-R-B-A-P THROUGH PD OR I DISTRICT AND ACCESSORY BUILDING NOT EXCEEDING ONE AND ONE HALF STORIES MAY BE PERMITTED IN ANY REAR YARD, NOT WITHIN FIVE FEET OF THIS SIDE AND REAR LOT LINES.
AS A RESULT OF THE CODE RESTRICTIONS ON BUILDING LOCATION, THE PROPERTY OWNER REQUIRES A VARIANCE.
CITY STAFF HAS NO OBJECTION TO THE GRANTING OF THIS VARIANCE.
ADJACENT PROPERTIES WERE NOTIFIED OF THE VARIANCE REQUEST AND NO OBJECTIONS HAVE BEEN RECEIVED BY THE CITY.
STAFF ANALYSIS AS FOLLOWS, THE LAWS APPROXIMATELY 0.28 ACRES.
UH, THE EASEMENTS, THERE ARE NO UTILITIES INVOLVED IN THE VARIANCE REQUEST.
THE STRUCTURE IS AS STATED IN ACCESSORY BUILDING PLACEMENT WILL BE SOUTH OF THE HOUSE IN THE REAR YARD.
UH, THE ENGINEERING DEPARTMENT HAS NO CONCERN ABOUT THIS REQUEST.
DO YOU HAVE ANY QUESTIONS? I'LL BE HAPPY TO ANSWER.
ANYONE DON'T HAVE ANY QUESTIONS FOR STAFF? UM, DO THE APPLICANT WISH TO COME FORWARD AND SPEAK ON THIS? DO YOU HAVE ANY? YOU GOOD? YOU COVERED IT VERY WELL.
SINCE WE DON'T HAVE ANY QUESTION, I'M GONNA CLOSE THE CASE AND, UM, I'M GONNA READ THESE AND THEN WE'LL CLOSE THE CASE.
READ, YEAH, READ THE, THIS, UH, AND THEN WE'LL CLOSE THE CASE.
SO WE'RE GOING TO LOOK, WE'RE GONNA TAKE EACH VARIANCE AND WE HAVE TO VOTE ON EACH VARIANCE INDIVIDUALLY.
SO I'M GONNA START WITH THE FIRST ONE.
WHETHER THE PROPERTY IN QUESTION WILL YIELD WHETHER THE PROPERTY IN QUESTION WILL YIELD A OR RETURN, OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE.
MADAM SECRETARY, COULD YOU CALL THE ROLE PLEASE? MS. BALLARD? NO.
WHETHER THE VARIANCE IS SUBSTANTIAL MR. DEAN? NO.
WHETHER THE CENTRAL CHARACTER OF THE NEIGHBORHOOD WILL BE SUBSTANTIALLY ALTERED OR WHETHER AUR PROPERTY WOULD SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VIRUS.
WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL? MR. SCHAFER? NO.
MR. MOCK MILLER, MS. NEWBIE NO.
WHERE THE PROPERTY OWNER, OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION? MS. BALLARD? NO.
WELL, THE PROPERTY OWNER PREDICAMENT FEE CAN BE ALTERED THROUGH SOME OTHER METHOD.
O OTHER DID A VARIANCE FOR MR. DEAN? NO.
WHETHER THE SPIRIT OR AN INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL.
JUST JUSTICE DONE BY GRANTING THE VARIANCE.
MAY I HAVE A MOTION TO APPROVE THE MERITS? I'LL MOVE TO APPROVE THE VARIANCE FOR BZA CASE 25 0.
IT'S BEEN MOVED A SECOND THAT THE VARIANCE BE APPROVED FOR CASE.
ANY QUESTIONS ON THE, ON THE VARIANCE APPROVAL? NONE.
WILL YOU TAKE THE VOTE MR. DEAN? YES.
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FIVE TO ZERO.THE VARIANCE SHOULD REQUEST HAS BEEN APPROVED.
ALRIGHT, WE JUST MOVE IT ALONG.
MAY I ASK, DOES GREG ALREADY HAVE AN APPLICATION FOR YOU FOLKS? I THINK HE MIGHT.
DID YOU FILL OUT A PAPER APPLICATION? THAT'S FOR THE EVIDENCE.
THE NEXT, OKAY, THE NEXT CASE IS BZA CASE 25 0 2.
THE APPLICANT RICHARD RICHARD MONTE, IS REQUESTING OF VARIANCE FROM THE SECTION 11 99 1 0 1 ACCESSORY BUILDING LOCATION.
LOCATION PROPERTY IS LOCATED AT 74 59 BELL BELL FOUNTAIN ROAD.
ALRIGHT, SO THE PROPERTY IS A RESIDENTIAL PROPERTY.
UH, THREE OF THE SURROUNDING PROPERTIES ARE RESIDENTIAL AS WELL.
ZONED RESIDENTIAL, I SHOULD SAY THE EASTERN PARCEL IS AGRICULTURE.
THE APPLICANT IS REQUESTING A VARIANCE FROM SECTION 11 91 0 1 REGARDING THE LOCATION OF AN ACCESSORY STRUCTURE.
UH, THERE IS AN AERIAL MAP OF THE PROPERTY AND THE GENERAL VICINITY AROUND PROPERTY FOR THE, UH, THE OWNER'S REQUESTING A VARIANCE FROM THE CITY OF HUBER HEIGHTS ZONING CODE TO LOCATE AN ACCESSORY BUILDING IN A FRONT YARD.
THE PROPERTY IS A CORNER LOT AT BELL FOUNTAIN ROAD AND TAYLORSVILLE ROAD WITH THE SECOND FRONTAGE ON TAYLORSVILLE.
THE TAYLORSVILLE ROAD FRONTAGE IS WHERE THE PROPOSED BUILDING WOULD BE LOCATED.
ZONING CODE SECTION 11 91 0 1 STATES IN ANY RBAP THROUGH PD OR I DISTRICT, AN ACCESSORY BUILDING MAY BE PERMITTED IN ANY REAR YARD CITY STAFF AS A RESULT OF THE CODE RESTRICTIONS ON BUILDING LOCATION, THE PROPERTY OWNER REQUIRES A VARIANCE.
CITY STAFF HAS NO OBJECTION TO THE GRANTING OF THIS VARIANCE.
ADJACENT PROPERTIES WERE NOTIFIED OF THE VARIANCE REQUEST AND NO OBJECTIONS HAVE BEEN RECEIVED BY THE CITY.
STAFF ANALYSIS AS IT FOLLOWS, THE LOT IS APPROXIMATELY, APPROXIMATELY 0.75 ACRES.
UH, REGARDING EASEMENTS, THERE ARE NO CITY UTILITIES INVOLVED IN THIS VARIANCE REQUEST.
THE STRUCTURE IS AN ACCESSORY BUILDING PLACEMENT WOULD BE NORTH OF THE EXISTING DETACHED GARAGE.
UH, ENGINEERING DEPARTMENT HAS NO CONCERN ABOUT THIS REQUEST.
AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS IF YOU HAVE ANYONE BOARD MEMBERS HAVE ANY QUESTIONS FOR US.
APPLICANT, DO YOU HAVE ANYTHING YOU WOULD LIKE TO SAY TO THE BOARD ON THIS? COULD YOU STATE YOUR NAME AND SPELL IT FOR THE RECORD, PLEASE? OKAY.
NAME IS RICHARD MONTY, R-I-C-H-A-R-D.
BUT WHAT I WANTED TO SAY WAS THIS STRUCK, WHAT IT IS IS BASICALLY REPLACING AN OLD STRUCTURE THAT'S FALLING APART.
SO I'M NOT ASKING FOR A NEW BUILDING ASSESSMENT TO REPLACE THE OLD ONE.
AND IF I, YOU KNOW, I, I HAVE IN MY STATEMENT THERE, BUT IF I THE ONLY PLACE I COULD PUT IN MY BACKYARD, I WOULDN'T HAVE MY BACKYARD BECAUSE MY, THE, THE, THE AMOUNT OF THE YARD I HAVE FROM THE BACKYARD IS SO SMALL COMPARED TO RESCUE PROPERTY.
AND LIKE YOU SAID, YOU KNOW, WE, SO EARLIER WE GOT THREE, THREE BIG DOGS.
THAT'S KIND OF, YOU KNOW, I NEED SOMETHING FOR THEM TO ROMAN IN TOO.
SO ANYONE HAVE ANY QUESTIONS FOR THE APPLICANT? OKAY.
OKAY, WE'RE GONNA GO READ THE, UM, THE VARIANCE.
OKAY? THE FIRST ONE, WHETHER THE PROPERTY IN QUESTION WILL YIELD, AT LEAST WILL RETURN, OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VES.
NOW YOUR SECRETARY, CAN YOU CALL THE ROLE PLEASE? MR. DEAN? YES.
WHETHER THE VES IS SUBSTANTIAL? MR. MA? NO.
WE, THE CENTRAL CHARACTER OF THE NEIGHBORHOOD WILL BE SUBSTANTIAL.
ALTER WHETHER AJOUR PROPERTY WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF VARIANCE.
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NO.WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOV GOVERNMENT SERVICE SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GOVERNMENT, UH, GARBAGE REMOVAL.
WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION, MR. DEAN IT AGAIN? OKAY.
WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION? NO.
WHETHER THE PROPERTY OWNER'S PREDICAMENT FEASTLY CAN BE AVERTED THROUGH SOME OTHER METHOD OTHER THAN A VERDICT? MR. MOCK? NO.
WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED FROM SUBSTANTIAL JUSTICE DONE BY GRANT VARIANCE.
YOU, YOUR VARIANCE HAS MOTION.
I'M TRYING TO RUSH UP
CAN I BE A MOTION TO APPROVE THE VARIANCE? I MOVE.
CAN I GET A SECOND? I'LL SECOND IT.
AND SECOND, THAT VARIANCE BE APPROVED FOR CASE BEZ 25 0 2.
ANY QUESTIONS? MADAM SECRETARY, CAN YOU TAKE THE VOTE? MS. BALLARD? YES.
YOU ARE VERY, I WAS TRYING TO RUSH IT, BUT YOU'RE VERY
THANK YOU BOTH, BOTH OF YOU ALL FOR COMING IN.
YOU MIGHT NEED TO GET WITH THE CITY IF THERE'S ANYTHING ELSE THEY MIGHT NEED FROM YOU.
ALL YOUR APPLICATION JURY SUPPORT, YOU HAVE ALLEVIATED A LOT OF STRESS MOVING FROM ILLINOIS OVER TO HUBER HEIGHTS.
AND I JUST WANT YOU TO KNOW SINCE WE'VE BEEN HERE, HOW MUCH WE ENJOY BEING HERE.
WHAT PART ILLINOIS WERE YOU FROM? ILLINOIS? WE WERE, UH, HALFWAY BETWEEN ST.
WE CAME HERE FOR GRANDCHILDREN.
WE GLAD TO HAVE YOU IN OUR CITY.
OKAY, NEXT WE'RE GONNA FOLLOW THIS AGENDA, GREG.
HE'LL PROCESS THE, THE NEXT THING ON THE AGENDA IS SELECTION OF OFFICERS.
I DIDN'T SPEAK, YOU SEE THAT? THE AGENDA.
SO THAT'S USUALLY DONE IN JANUARY SINCE WE HAVEN'T BEEN HERE, BUT WE'RE DOING IT TODAY.
SO WE WE'RE GONNA LOOK FOR A MOTION.
WHAT ARE WE, WE'RE LOOKING FOR CHAIR.
OKAY, WE LOOKING FOR A MOTION FOR A CHAIR.
I MAKE A MOTION THAT WE KEEP EVA AS OUR CHAIRPERSON.
SO I HAVE TO ASK EVA IF YOU ACCEPT THAT.
SO THEN SHEILA, YOU'RE SECONDING IT.
ANY QUESTIONS? NOW I HAVE TO ASK IF THERE ARE ANY OTHER, ANY OTHER, YEAH.
MADAM SECRETARY, COULD YOU TAKE A VOTE PLEASE? ALL RIGHT.
SO WE'RE VOTING ON EVA REMAINING THE CHAIR.
I DUNNO WHY THAT T HAVE A PERSON.
OKAY, NEXT ONE IS VICE CHAIR RECOMMENDATION FOR VICE CHAIR.
DO I HAVE ANY RECOMMENDATION? I'LL, I'LL MAKE THE MOTION THAT WE LEAVE MR. DEAN AS VICE.
DO YOU ACCEPT THAT? I'LL SECOND IN.
YES, YOU CAN SIT NEXT TO ME TOO.
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I'LL KEEP YOU SAFE HERE.AND MR. SHAER, YOU SAID I CAN DO THAT? YES, SIR.
IS THERE ANY, ANY OTHER NOMINATIONS FOR THE VICE CHAIR? NONE.
YOU CLOSE IT, MADAM SECRETARY, COULD YOU CALL HALL, TAKE A VOTE, PLEASE.
OKAY, WELL THE YEAR'S ALMOST OVER WITH ANYWAY.
IN YOUR PACKET YOU HAD, UM, UPCOMING MEETINGS.
ANY CONCERNS OR QUESTIONS WITH THE SCHEDULE AS WRITTEN? SO WE DO HAVE, UM, SOMEONE HAS SUBMITTED AN APPLICATION FOR THE JUNE MEETING.
SO GOING FORWARD WE WILL HAVE THE JUNE.
NO QUESTIONS ON THE APPLICATION.
WOULD THAT OTHER THING IS? YEAH, IT IS JUNE 4TH.
NOT FORGETTING ABOUT WHAT I, OKAY.
I'LL MAKE A MOTION TO ADJOURN.
DO I HAVE A SECOND ON THE MOTION TOT ADJOURN? I'LL SECOND.
SECOND THAT WE ADJOURN THE MEETING FOR MAY 7TH, 2025.
ALRIGHT, THANK YOU GENTLEMEN AND LADY.