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[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road June 4, 2025 6:00 P.M.]
I SHOULD CALL THE MEETING OF THE CITY OF HU HEIGHTS OF THE ZONINGMS. NEWBIE HERE WE ARE GOING TO FOLLOW THE AGENDA.
SO THE NEXT ON THE I AGENDA ITEM IS THE APPROVE OF THE MINUTES.
WE HAVE ONE SET OF MINUTES, UH, FOR MAY 7TH, 2025 MEETING.
ARE THERE ANY COMMENTS OR CORRECTIONS NEED TO BE MADE TO THE MINUTES? SEEING NONE, WE'LL MOVE ON.
MAY I HAVE A MOTION TO APPROVE THE AGENDA? I'LL MAKE A MOTION TO MOVE.
SECOND THAT THE GEN, THE AGENDA FOR JUNE 4TH, 2025 BE APPROVED.
ANY QUESTIONS ON THAT? OKAY, WE'LL MOVE ON.
NEXT ON THE AGENDA IS THE SWEARING OF WITNESSES IN ACCORDANCE TO THE RULES OF THE ZONING, UH, BOARD, UH, THE BOARD OF ZONING APPEALS.
ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ICE ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN.
I WILL ASK EVERYONE TO STAND UP.
RAISE YOUR RIGHT HAND IF YOU PLAN TO GIVE, UM, SPEAK ON THIS AND RESPOND.
TO THE FOLLOWING OATH, DO YOU HEREBY SWEAR OR AFFIRM ON THE, 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 WISH TO SPEAK TONIGHT AFTER THE CASE REVIEW BY THE CITY STAFF REPORT, PLEASE STEP TO THE PODIUM.
STATE AND SPELL YOUR NAME FOR THE RECORD.
AND THERE'S A SIGN IN SHEET ON THE PODIUM.
IF YOU COULD PRINT YOUR NAME ON THERE.
YOU DON'T HAVE TO DO A RIGHT, UH, RIGHT NOW, BUT IT'S ON THERE.
SINCE WE DON'T HAVE ANY OLD BUSINESS, WE WILL PROCEED WITHOUT NEW, NEW BUSINESS FOR THIS EVENING.
AND THE FIRST, UM, CASE IS BZA CASE 25 0 3.
THE APPLICANT KEITH, BE BE BEAN, IS REQUESTING VARIANCE FROM SECTION 11 91 0 1 ACCESSORY BUILDING LOCATION AND HEIGHT.
PROPERTY IS LOCATED AT 67 95 BURG ROAD, FISHBURG ROAD.
DAWN, CAN YOU GIVE US THAT REPORT PLEASE? YES MA'AM.
THIS PROPERTY IS A, IS ZONED SINGLE FAMILY RESIDENTIAL, ALTHOUGH IT IS USED AS A FARM ADJACENT LAND AROUND IT IS AGRICULTURAL RESIDENTIAL AND TO THE SOUTH CITY OF DAYTON, WHICH WE KNOW WILL BE RESIDENTIAL.
UH, AS STATED, THE APPLICANT'S REQUESTING A VARIANCE TO ALLOW AN ACCESSORY BUILDING TO REMAIN IN THE SIDE YARD.
UH, THERE ARE, THERE IS AN OUTSTANDING VIOLATION DUE TO THE LACK OF PERMIT AND THE BUILDING PLACEMENT.
OWNERS REQUESTING A VARIANCE FROM THE CITY OF HUBER HEIGHTS ZONING CODE TO ALLOW AN EXISTING AND UNPERMITTED ACCESSORY BUILDING TO REMAIN IN THE SIDE YARD.
THE BUILDING ALSO EXCEEDS THE HEIGHT LIMIT FOR THIS TYPE OF STRUCTURE.
IN THIS ZONING DISTRICT, THE PROPERTY OWNER CONSTRUCTED A BARN WITHOUT CONTACTING THE CITY.
HE SAYS HE WAS TOLD BY MONTGOMERY COUNTY THAT SAYS THE BUILDING WILL BE USED AGRICULTURALLY.
IT DID NOT REQUIRE A BUILDING PERMIT.
PARENTHETICALLY, I HAVE VERIFIED THIS FACT WITH THE CBO OF MONTGOMERY COUNTY.
UH, HE STATES IT SIMPLY DID NOT OCCUR TO HIM THE CITY WOULD HAVE AN INTEREST OR REQUIREMENT FOR A ZONING PERMIT IF MONTGOMERY COUNTY EXEMPTED HIM FROM A BUILDING PERMIT.
ADDITIONALLY, THE BUILDING HEIGHT OF 16 FEET EXCEEDS THE ALLOWABLE HEIGHT FOR AN ACCESSORY STRUCTURE.
THE STRUCTURE WAS OB, UH, WAS OBSERVED RATHER BY A ZONING INSPECTOR WHO SEEING THE BUILDING PLACEMENT INVESTIGATED AND FOUND NO PERMIT ISSUED BY CITY.
A VIOLATION NOTICE WAS MAILED TO THE PROPERTY OWNER WHO THEN RESPONDED TO THE INSPECTOR'S REQUEST THAT HE MAY CONTACT ZONING CODE SECTION 11 91 0 9 0 1 LOCATION STATES IN PART 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 AS A RESULT OF THE CODE.
RESTRICTIONS OF BUILD LOCATION AND MAXIMUM ALLOWABLE HEIGHT, THE PROPERTY OWNER REQUIRES A VARIANCE.
CITY STAFF HAS NO OBJECTION TO THE GRANTING OF THOSE VARIANCE ADJACENT TO PROPERTIES WERE NOTIFIED OF THE VARIANCE REQUEST AND NO OBJECTIONS HAVE
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BEEN RECEIVED BY THE CITY AS STAFF ANALYSIS IS AS FOLLOWS, THE PARCEL AS APPROXIMATELY 25 ACRES, THERE ARE NEW CITY UTILITIES AFFECTED BY THIS VARIANCE REQUEST.UH, THE STRUCTURE IS AN ACCESSORY BUILDING, UH, PLACEMENTS EAST OF THE HOUSE IN THE SIDE YARD, APPROXIMATELY 400 FEET OFF OF THE ROAD.
UH, THE ENGINEERING DEPARTMENT HAS NO CONCERN ABOUT THIS REQUEST.
IF YOU HAVE ANY QUESTIONS, I'LL BE HAPPY TO TRY TO ANSWER 'EM TOO.
I'VE GOT, I'VE GOT A QUESTION.
ON THE SCREEN UP HERE, WHICH ONE OF THE BUILDINGS IS IT? IT'S THAT BIG RED BARN TO THE SIDE OF THE HOUSE? YEAH.
ANY OTHER MEMBERS HAVE ANY QUESTIONS FOR STAFF? I'VE QUESTION.
UM, DID I HEAR YOU SAY THAT? DID, DID MR. BEAN ACTUALLY BUILD THAT BARN BEFORE GETTING THEIR PERMIT? YEAH.
HE HAS NO PERMIT FROM THE CITY.
HE WAS TOLD BY MONTGOMERY COUNTY, SO HE WENT TO MONTGOMERY COUNTY FOR A BUILDING PERMIT IN THE STATE OF OHIO.
YOU ARE EXEMPT FROM THE REQUIREMENT FOR A BUILDING PERMIT IF THE BUILDING IS AGRICULTURALLY USED, WHICH THIS WILL BE OKAY.
JUST BECAUSE YOU'RE ZONED, EVEN THOUGH IT'S ZONED RESIDENTIALLY THE PROPERTY BECAUSE THE USE IS AGRICULTURAL, HE'S EXEMPT FROM THE BUILDING PERMIT.
HENCE HE FELT WELL AND I DON'T NEED ANYTHING FOR IT.
AND WE HAVE IN THE PAST ENCOURAGE MONTGOMERY COUNTY TO TELL FOLKS, LOOK, IF YOU TELL 'EM THEY DON'T HAVE A BUILDING PERMIT, THAT DOESN'T MEAN THEY DON'T NEED A ZONING PERMIT.
PLEASE TELL 'EM TO CONTACT US.
I'M ASSUMING THAT CONVERSATION DIDN'T TAKE PLACE.
ANYBODY ELSE HAVE A QUESTION? DID YOU HAVE ONE? SO THE APPLICANT IS NOT PRESENT.
SO WE NEED TO DO, DO WE HAVE ANYONE THAT WANTS TO SPEAK AGAINST IT? OKAY.
SO WITH THAT IN MIND, WE ARE GOING TO CLOSE THE CASE AND READ THE VARIANCE.
SO I'M GONNA CLOSE THE CASE AND READ THE VARIANCE.
EACH VARIANCE I READ, I NEED A RESPONSE FROM YOU EITHER WAY ON THIS.
SO I'M GONNA GO WITH THE FIRST ONE.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFITS TO USE OF THE PROPERTY WITHOUT THE VARIANCE MATTER OF SECRETARY, WILL YOU TAKE THE ROLE PLEASE? MS. BALLARD? NO.
WHETHER THE VERY IS SUBSTANTIAL MR. DEAN? YES.
WHETHER THE CENTRAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIAL, ALTERED, ALTERED, OR WHETHER ADJOURNING PROPERTIES WILL SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHETHER THE VARIANCE WOULD AVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL? MR. SCHAFER? NO.
WHETHER THE PROPERTY ONLY PER OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION.
WHERE THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE OUT AVERTED THROUGH OTHER METHODS OTHER THAN A VARIANCE.
WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WILL BE OBSERVED OF STATUTE OF JUSTICE DONE BY GRANT AND VARIANCE.
CAN I HAVE A MOTION TO APPROVE THE VARIANCE? WHO WAS THE, WHO WAS, HOLD ON 25 TO 3 25 TO WHAT? NO, I'M SORRY.
CAN I HAVE A MOTION TO APPROVE THE VARIANCE? I MOVE THAT WE APPROVE THE VARIANCE.
MAY I HAVE A SECOND? I'LL SECOND.
AND SECOND, THAT THE VARIANCE FOR PROPERTIES
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BZA CASE 25 0 3 BE APPROVED.ANY QUESTIONS ON THE MOTION? NO QUESTIONS.
MADAM SECRETARY, WILL YOU CALL THE ROLE PLEASE? MS. BALLARD? YES.
DE VARIANCE HAS BEEN APPROVED.
JUST MOVING ALONG, WE'LL GO TO THE NEXT CASE.
AND I'M A, I'M APOLOGIZE BEFORE I DO THIS 'CAUSE I'M GONNA GET YOUR NAME WRONG, THE LAST, YOUR LAST NAME.
SO I DON'T WANT YOU TO BE OFFENDED, JUST LOOK AT IT AND DO IT EXACTLY AS YOU SAID.
NOPE, I'M GONNA LET YOU DO IT.
OH, YOU MUST BE A FORMER TEACHER.
THE APPLICANT PAULINE BY DONNA DO BALD BOB BALD DODO.
IS A QUESTION EVENTS FROM SECTION 11 91 0 1 ACCESSORY BUILDING HEIGHT PROPERTIES LOCATED 69 81 FITCHBURG ROAD.
DON CAN GIVE US A REPORT, MA'AM? YES.
SO THE PROPERTY IS ZONED AT RESIDENTIAL AS ARE THE SURROUNDING PROPERTIES.
AS STATED, THE APPLICANT'S REQUESTING A VARIANCE OF THE 14 FOOT HEIGHT RESTRICTION ON AN ACCESSORY BUILDING DUE TO THE HEIGHT OF THE, UH, THIS IS FOR, UH, AN ACCESSORY BUILDING FOR MOTOR HOME STORAGE.
UH, DUE TO THE HEIGHT OF THE MOTOR HOME, THE 14 FOOT OVERHEAD DOOR IS REQUIRED, THUS REQUIRING A BUILDING HEIGHT OF 16 FEET.
STATES IN PART IN ANY RBAP THROUGH PD OR I DISTRICT, AN ACCESSORY BUILDING NOT EXCEEDING ONE AND A HALF, ONE HALF STORIES OR 14 AND FEET IN HEIGHT MAY BE PERMITTED IN ANY REAR YARD.
AS A RESULT OF THE CODE RESTRICTIONS ON BUILDING HEIGHT, THE PROPERTY OWNER REQUIRES A VARIANCE OF TWO FEET.
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 PARCEL IS APPROXIMATELY ONE ACRE.
THE EASEMENTS ARE NOT A FACTOR IN THIS SITUATION.
THE STRUCTURE IS AN ACCESSORY BUILDING.
A PLACEMENT WOULD BE NORTH OF THE HOUSE IN THE REAR YARD.
AND ENGINEERING DEPARTMENT HAS NO CONCERN ABOUT THIS REQUEST.
IF YOU HAVE ANY QUESTIONS, I'M GLAD TO ANSWER THEM.
ANYONE HAVING QUESTION FOR DON? UH, MS. LADY? YES.
YOU WISH TO, TO SPEAK
P-A-U-L-I-N-E-B-A-L-D-O-N-A-D-O.
AND TECHNICALLY EVERYTHING THAT DAWN SAID WAS, WAS VERY CONCLUSIVE, UH, OR INCLUSIVE.
AND, UH, IT'S MY MOTOR HOME IS TALL.
PLUS IT HAS THE ACCESSORIES ON THE TOP, WHICH ARE THE AIR CONDITIONER AND OTHER THINGS.
SO WANNA MAKE SURE THAT I HAVE ENOUGH ROOM FOR IT.
I'M WANTING TO PUT A 14 FOOT TALL, UH, GARAGE DOOR AND I NEED THE ADDITIONAL CLEARANCE TO MAKE SURE THAT THAT GARAGE DOOR CAN, UH, OPERATE PROPERLY.
SO I'M ASKING FOR THE 16 FOOT TALL BUILDING IN ORDER TO, TO DO THAT.
DID ANYONE OF THE BOARD MEMBERS HAVE A QUESTION FOR MS. LADY? NO QUESTIONS.
ALRIGHT, WE'LL CLOSE THE CASE.
AND, UM, PROCEED WITH THE VARIANCE.
AND WE'LL START WITH THE VARIANCE.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE A BENEFIT TO USE OF THE PROPERTY WITHOUT THE VARIANCE.
MADAM SECRETARY, WILL YOU CALL THE ROLE PLEASE? MR. DEAN? YES.
WHETHER THE VARIOUS IS SUBSTANTIAL.
WHETHER THE CENTRAL CHARACTERISTIC OF THE NEIGHBORHOOD WOULD BE SUBSTANTIAL, ALTERED, OR WHETHER JOURNEY PROPERTIES WILL SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
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WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION, MS. BALLARD? NO.WHETHER THE PROPERTY ONLY PREDICAMENT FEASIBLY CAN BE AVERTED THROUGH SOME OTHER METHOD OTHER THAN A VARIANCE.
WHERE THE SPIRIT AND INTENT OF THE ZONING REQUIREMENTS WOULD BE OBSERVED? A SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.
AND I FORGOT TO ASK, DID YOU HAVE ANY WITNESSES? WAS THERE ANYBODY WITNESS? OKAY, GOOD.
I JUST KNOW THAT THE NEXT ONE SAY YES.
I GOT ONE MORE TO READ WHERE THE SPIRIT INTENT OF BEHIND ZONING REQUIREMENT WILL BE RESERVED IN.
I THOUGHT I READ THAT SUBSTANTIAL JUSTICE DONE.
DID SHE NOT DO DELTA DD? THEY DID I MISS MY, MY DELTA? I SHOULD KNOW THAT ONE BY HEART.
WHETHER THE VARIES WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICE SUCH AS WATER STORAGE, SEWAGE SAN SANITARY SEWAGE AND GOVERNMENT REMOVAL.
I HAD ALREADY HAD NOTE ON THAT.
I'M SORRY ON THAT ONE, MAY I HAVE A MOTION TO APPROVE THIS VARIANCE FOR BZ BCA CASE 25 0 4.
I'LL MAKE A MOTION TO APPROVE BCA CASE 25 0 4.
CAN I GET A SECOND? I, I SECOND.
THAT BCA CASE 25 0 4 BE APPROVED.
IS THERE ANY QUESTIONS ON THE, ON THE MOTION? THERE'S NO QUESTIONS.
MADAM SECRETARY, WE CALL THE WRONG PLEASE.
AND, AND SPEAKING TO THE BOARD.
REALLY APPRECIATE WHEN APPLICANTS COME IN OKAY.
AND ANYTHING ELSE WE CAN DO FOR YOU? NO, JUST HOLLER FOR, YOU KNOW, COME TO THE CITY.
AND, AND THANK YOU FOR THE NEIGHBORS COMING TO SEE YOU.
SEE WHAT THE CITY OF HUBERT HEIGHT BOARDS BE DOING.
AND THEN Y'ALL MIGHT WANT TO JOIN ONE OF THE BOARDS, RIGHT? WE'RE NEW TO THE AREA AND I'VE BEEN ON BOARDS SPEAK BEFORE, SO YEAH, GO ON THE SITE.
IT'S A BEAUTIFUL R RV BY THE WAY.
WHAT'S THAT? IT'S A BEAUTIFUL RV.
YEAH, WE WANNA KEEP IT THAT WAY, THAT'S WHY.
SILVER AND M WITH THE, THE CLASS A.
OKAY, LET'S, WE GOING TO CLOSE THIS OUT SO WE CAN GO.
I DON'T MEAN TO BE THAT, BUT I GOT ONE EYE HERE.
ANY ADDITIONAL BUSINESS? I HAVE NOTHING MA'AM.
WE ALREADY KNOW PAUL, YOU'RE GONNA BE OUT ON THE SECOND.
AND YOU'LL LET US KNOW IF THERE'S ANY CASES? YES, SURE WILL.
WITH THAT, DO I HAVE A MOTION TO ADJOURN? DO ALL YOUR HANDS GO UP AT ONE TIME? I MOVE THAT WE ADJOURN.
IT'S BEEN MOVED A SECOND THAT WE ADJOURN THE MEETING FOR THE NIGHT.