* 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. [ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road July 2, 2025 6:00 P.M.] [00:00:03] I SHOULD, I SHOULD CALL THE MEETING OF THE CITY OF RIVER HIGH ORDER ZONING APPEAL ORDER MATTER. SECRETARY, WILL YOU CALL ROLE PLEASE? SURE. MR. BALL HERE. MR. DEAN? HERE. MR. MOCK? HERE. MR. SHEER. MR. NEWBIE. HERE WE'LL FILE THE AGENDA COURT THAT'S WRITTEN FOR JULY 2ND, 2025. UM, WE HAVE ONE SET OF MINUTES FROM JUNE 4TH, 2025 MEETING, IF THERE ARE ANY. ARE THERE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THESE MINUTES? SPEAK NOW. OKAY. OKAY. SO WE'LL PROCEED TO APPROVE OF, EXCUSE ME, OF THE AGENDA. MAY I HAVE A MOTION TO APPROVE THE AGENDA? I MOVE TO APPROVE THE AGENDA FOR THE MEETING FROM JULY 2ND, 2025. SECOND, IT'S BEEN MOVED A SECOND THAT THE AGENDA FOR JULY 2ND, 2025 IS APPROVED. ANY QUESTIONS ON, UH, THE MOTION? MORE QUESTIONS. WE WILL PROCEED WITH THE AGENDA. THE NEXT ITEM ON AGENDA IS TO WITNESS, UH, SWEARING IN OR 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 AGENDA THIS EVENING NEEDS TO BE SWORN IN. I ASK EVERYONE, UM, TO STAND, RAISE YOUR RIGHT HAND AND RESPOND. I DO. AFTER 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. I DO. OKAY. ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER THE CASE REVIEW AND THE STAFF REPORT, PLEASE STEP UP TO THE PODIUM. STATE YOUR NAME, SPELL YOUR LAST NAME FOR THE RECORDS, AND PLACE YOUR NAME ON THE SIGN IN SHEET. UM, THAT'S ON THE PODIUM. SINCE WE DON'T HAVE ANY OLD BUSINESS, WE'LL PROCEED ON WITH THE NEW BUSINESS. UM, THE CASE NEW BUSINESS FOR THE NIGHT IS BZA CASE 25 0 5. THE APPLICANT HOWARD ADAMS IS REQUESTING A VARIANCE FROM SECTION 11 51 1 0 4 REAR YARD DEPTH AT SECTION 1180 1.20. BUILDING MATERIAL PROPERTY IS LOCATED AT 66 44. LOVE LOW LO DRIVE. UM, AND WITH THIS CASE, JUST FOR THE RECORD, SINCE THERE'S TWO VARIANCE FOR THIS CASE, WE'RE GONNA DO ONE VARIANCE WITH THE ONE CASE. GO THROUGH THAT AND READ THE VARIANCE AND WE'LL PROCEED TO THE OTHER, THE SECOND VARIANCE THAT READ IT. UH, WITH THAT BEING SAID, DON, CAN YOU, UH, READ YOUR STAFF REPORT? YES, MA'AM. THANK YOU. GOOD EVENING EVERYONE. THANK YOU FOR BEING HERE. I STATED THE ADDRESS IS 6 6 4 4 LOLLY DRIVE AS RESIDENTIAL ZONE. THE PROPERTY AS ARE ALL THE PROPERTIES ADJACENT TO IT. THE APPLICANT IS REQUESTING TWO VARIANCES, UH, ONE FROM SECTION 1150 1.04, WHICH IS A REDUCTION OF THE REQUIRED 40 FOOT REAR YARD DEPTH TO A DEPTH OF 27 FEET, TECHNICALLY 26 FEET NINE INCHES ON YOUR PLANS. UH, REGARDING SECTION 1180 1.20 D TWO, INSTALLATION OF BOARD AND BATON WOOD SIDING, RATHER THAN THE REQUIRED MASONRY CLADDING THAT WERE MAINTAINED THE INTEGRAL LOOK OF THE DWELLING AS A RESULT OF THE CO REQUIREMENTS ON BUILDING SEC BACK AND EXTERIOR CLADDING, THE OWNER UNIT WILL REQUIRE THESE VARIANCES TO MOVE FORWARD WITH THE PROJECT AS PLANNED. EACH VARIANCE REQUEST WILL BE CONSIDERED AND VOTED ON SEPARATELY. CITY STAFF HAS NO OBJECTION TO THE GRANTING OF EITHER OR BOTH VARIANCES. ADJACENT PROPERTIES WERE NOTIFIED OF THE VARIANCE REQUEST AND NO OBJECTIONS HAVE BEEN RECEIVED BY THE PROPERTY. STAFF ANALYSIS IS AS FOLLOWS, ALLOWS APPROXIMATELY 0.18 ACRES. EASEMENTS ARE NOT A FACTOR. THERE ARE NO UTILITY CITY UTILITIES IN PLAY. THE STRUCTURE IS A REAR ADDITION ON THE SOUTH SIDE OF THE HOUSE. THE ENGINEERING DEPARTMENT HAS NO CONCERN ABOUT THE REQUEST. YOU'LL SEE IN YOUR PACKET THERE THE SECTIONS OF CODE REGARDING AREA STANDARD BUILDING MATERIALS. UM, ALSO THERE IS A STREET VIEW IMAGE OF THE PROPERTY THAT'LL GIVE YOU AN IDEA OF WHAT IT LOOKS LIKE. SO YOU CAN DECIDE ON THE CLADDING REQUEST. AND IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER 'EM NOW. SO THERE IS THE PROPERTY AS IT SITS, AND OF COURSE WE HAD THE VIEW OF THE ACTUAL PROPOSED SETBACK. UH, FOR THE REAR EDITION [00:05:03] THERE'S A SETBACK AND IF GERALD MOVED OUT A COMPANY, YOU'LL SEE THE BOARD AND BAD SIGHTING PROPOSED. THANK YOU. SO DO WE BOARD MEMBERS HAVE ANY QUESTIONS FOR THE SNAP? ANY QUESTIONS? EVERYBODY GOOD? I'M GOOD. UM, DO YOU WISH THE, UM, APPLICANT, DO YOU WISH TO SAY ANYTHING BEFORE WE VOTE ON THIS OR ARE YOU GOOD? WE'RE GOOD. THANK YOU. SO WITH THAT IN MIND, I WILL CLOSE THIS CASE AND THEN I'M GONNA GO FIRST WITH THE FIRST VARIANCE, WHICH IS THE VARIANCE REGARDING SECTION 11 51 0 4, THE REAR YARD DEPTH, THE SEC, UH, THAT WE'LL START ON THAT ONE FIRST. OKAY, HERE WE GO. EACH INDIVIDUAL VOTED EACH ONE OF THE ISLANDS. WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE BARR SECRETARY CALL THE ROAD. MR. DEAN? YES. MR. MOCK? YES. MS. BALLARD? YES. MS. NEWBIE? YES. WERE THE VERY SUBSTANTIAL MR. MOCK? NO. MS. BALLARD? NO. MR. DEAN? NO. MR. NEWBIE? NO. WERE THE CENTRAL CHARACTERISTICS OF NEIGHBORHOOD WOULD BE SUBSTANTIAL. ALTERED, UH, UH, WHETHER AUR PRO AJO PROPERTIES WILL SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE. MS. BALLARD? NO. MR. DEAN? NO. MR. MOCK? NO. MS. NEWBIE NO. WERE THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GOVERN, UH, DOCK REMOVAL. MR. D? NO. MR. MON? NO. MS. BALLARD? NO. MR. NEWBIE? NO. WERE THE PROPERTY OWNED OWNER APPROACHED THE PROPERTY WITH THE NO. OF THE ZONING RESTRICTION? MR. MOCK? NO. MS. BALLARD? NO. MR. DEAN? NO. MS. NEWBIE? NO. WHERE THE PROPERTY OWNERS PREDICT THE FEES BECAME BE INTO SOME OTHER METHOD OTHER THAN A VARIANCE? MS. BALLARD? NO. MR. DEAN? NO. MR. MOCK? NO. MS. NEWBIE? NO. WHETHER THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENT WILL BE OBSERVED SUBSTANTIAL JUSTICE DONE BY GRANT VARIANCE. MR. MON? YES. MS. BALL? YES. MR. DEAN? YES. MS. NEWBIE? YES. MAY I HAVE A MOTION TO APPROVE THE VERDICTS FOR THE FIRST SECTION OF THIS REQUEST? UH, MADAM CHAIR, I MOVE THAT WE APPROVE, UH, THE FIRST VARIANCE FOR CASE 25 0 5. MAY I HAVE A SECOND? SECOND MS. MOVE SECOND. THAT THE VARIANCE FOR THE FIRST PART OF THE CASE, THE APPROVAL, WHICH IS SECTION 11 51 0 4. WHERE YOUR DEBT THERE ANY QUESTIONS ON THE MOTION THAT MADAM SECRETARY CAN GET A VOTE? MR. DEAN? YES. MR. M? YES. MS. BALLARD? YES. MS. NEWBIE? YES. OKAY. SO THAT, THAT'S PART OF HAS PASSED. AND I'M GONNA GO ON TO THE SECOND PART OF THIS, THE PART ABOUT THE, UH, 1180 1.20. I'M, UH, BUILDING MATERIALS. SO ONCE AGAIN, I'M GOING TO EACH VARIANCE AND WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE MATTER. SECRETARY, WILL YOU PLEASE BY THE ROLE MR. MA? YES. MS. BALLER? YES. MR. DEAN? YES. MS. NEWBIE? YES. WE'RE THE VERY SUBSTANTIAL MS. BALLARD, UM, MR. DEAN? NO. MR. MO? NO. MS. BALLER? I'M SORRY. MS. NEWBIE? YEAH. NO, I MEAN, I'M SORRY. NO, I LACK THAT. OKAY. WELL, THE CENTRAL CHARACTERISTICS OF NEIGHBORHOOD WOULD BE SUBSTANTIAL HALTER OR WHETHER AJOUR PRACTICE WOULD SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE. MR. D? NO. MR. [00:10:01] MOCK? NO. MS. BALLARD? NO. MS. NEWBIE? NO. WHETHER THE VARIANCE WOULD DIVERSITY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE AND GARBAGE? MS. BALLARD? NO. MR. DEAN? NO. MR. MOCK? NO. MS. NEWBIE NO. WHERE THE PROPERTY OWNER, OWNER PURCHASED THE PROPERTY WITH THE NOT OF THE ZONING RESTRICTION? MR. DEAN? NO. MR. MOCK? NO. MS. BALLARD? NO. MS. NEWBIE NO. WHERE THE PROPERTY OWNER'S PREDICAMENT FEES BECAME BE VERTED TO SOME OTHER, SOME OTHER, SOME METHOD OTHER THAN THE VARIANCE? MR. DEAN? YES. MR. MOCK? NO. MS. BALLARD? NO. MS. NEWBIE NO. WHERE THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENTS WILL BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE. MR. MOCK? YES. BALLARD? YES. MR. DEAN? YES. MS. NEWBIE? YES. MAY I, MAY I HAVE A MOTION TO APPROVE THE SECOND PART OF THIS VARIANCE? I'LL MOVE TO APPROVE THE SECOND PART OF THE VARIANCE REGARDING SECTION 1180 1.20. WE'LL HAVE A SECOND. I'LL SECOND. IT'S BEEN MOVING SECOND THAT THE SECOND PART OF THIS VARIANCE, UM, BE APPROVED. ARE THERE ANY QUESTIONS ON THE VARI ON THIS? SO YOU, NO QUESTIONS MADAM SECRETARY, WE CALL THE ROLE PLEASE. MR. MA? YES. MS. FOWLER? YES. MR. DEAN? NO. MS. NEWBIE? YES. THREE TO ONE. OKAY. THREE TO ONE ON THAT? YES. SO BOTH, BOTH AREAS? BOTH. BOTH OF AS PATS. SO WHAT YOU WOULD NEED IS TALK TO THE, UM, CITY STAFF, SEE IF THERE'S ANY, ANY ADDITIONAL THING YOU MIGHT NEED PRIOR TO YOU DOING WHAT YOU DO AT YOUR HOME. OKAY? THAT'S IT FOR THAT. NO. MOVING ON ALONE. ANY ADDITIONAL BUSINESS? I HAVE NOTHING MA'AM. OKAY. BOARD ANY ADDITIONAL BUSINESS? ANY ADDITIONAL BUSINESS? ALRIGHT. OKAY. UPCOMING MEETINGS. UH, AUGUST 6TH, 2025 AND THEN SEPTEMBER 3RD, 2025. AND AT THIS, AT THIS POINT WE DON'T HAVE ANY CASES SO, UM, I'LL KEEP IN TOUCH WITH YOU AS VICTIM. OKAY. UM, AND I WANTED TO SAY THAT BCA IS GOING TO GIVE A PRESENTATION TO COUNSEL. IT'S JUST A YEARLY UPDATE AS TO WHAT WE'VE KIND OF BEEN DOING. AND THAT'S IN AUGUST. AND THIS NEWBIE WON'T BE AVAILABLE. SO MR. DEAN WILL DO THAT. BUT IF YOU GUYS WANNA COME, HE COME SORT SINCE I GONNA BE THERE, BE A ONE EYE JACK, THE COME AND SUPPORT ON THAT. IT DON'T TAKE THAT LONG. THEY'RE GONNA ASK YOU A COUPLE QUESTIONS ABOUT HOW MANY CASES WE HAVE. IS THERE ANYTHING THAT YOU SEE A PATTERN? AND REALLY, HONESTLY, THIS IS WHAT THE THIRD OR FOURTH CASE WE DID IN 2025. SO I THINK PEOPLE, OR FIVE, I THINK PEOPLE ARE REALLY GETTING THE HANG AND BY WORD OF MOUTH. SO WE HAVEN'T HAD ANY CASES. I THINK THAT, THAT WE'VE GOTTEN PAST THAT POST COVID BUILDING, FRENZY STORAGE SHEDS AND SWIMMING POOLS. RIGHT? SO I THINK THAT'S WHY THINGS HAVE THAT IS GOOD. SEEMS GOOD TO ME. THE THIRD, TUESDAY OF AUGUST, THE 19TH OF AUGUST, SIX O'CLOCK. TEAMWORK, MAKE THE DREAM WORK. SO, YOU KNOW. THANK YOU MR. DEAN, CO-CHAIR FOR FILLING THAT IN. OKAY. SISTER, NO OTHER BUSINESS. CAN I GET A, UH, A MOTION TO ADJOURN? ADJOURN. SECOND. IT'S BEEN MOVING SECOND THAT WE ADJOURN UNTIL AUGUST THE SIXTH. SEE YOU THEN. THANK YOU EVERYONE. ALRIGHT. * 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.