* 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. [00:00:01] OKAY, [ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road October 1, 2025 6:00 P.M.] I SHOULD CALL THE MEETING UP TO YOU. HOUSE, MR. OR ? MS. BALLOR? HERE. MR. DEAN? MR. MOCK? HERE. MR. SCHAFFER? HERE. MS. NEWBIE? HERE. MR. DEAN DID LET KNOW THAT HE WOULD BE HERE? YES. YES. OKAY. WE HAVE ONLY ONE SET OF MINUTES FROM JULY 2ND, 25 MEETING. IF THERE ARE ANY OTHER CORRECTIONS MADE TO THESE MINUTES, PLEASE READ DOWN. SEEING AND HEARING, NO COMMENTS. CORRECTIONS. THESE MINUTES. STAND APPROVED. MAY I HAVE A MOTION TO APPROVE THE AGENDA FOR THIS EVENING? I MOVE TO APPROVE THE AGENDA FOR THE EVENING. SECOND. IT'S BEEN MOVED. SECOND, THAT THE AGENDA FOR THIS EVENING IS APPROVED. AND OF COURSE, WITH THE RULES OF THE ZONING APPEALS, ANYONE WHO WISHES SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN. SO IF YOU ALL ARE IS GONNA GIVE A TESTIMONY FOR ANYTHING THAT'S ON THE AGENDA, I NEED YOU TO STAND AND RAISE YOUR RIGHT HAND. AND AFTER I READ THE OATH, UM, I JUST SAY I DO TO THE FOLLOWING. DO YOU HEREBY SWEAR AFFIRM ON THREAT OF PERJURY TO TELL THE TRUTH, THE TRUTH AND NUMBER. THANK YOU. UM, THIS FOR THE RECORD. ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER YOUR CASE, AFTER THE CASE REVIEW AND STAND COURT, PLEASE TALK TO THE PM STATE YOUR NAME, SPELL OF YOUR NAME FOR RICK, AND THERE IS A SIGN IN SHEET ON THE PODIUM AND SIGN YOUR NAME ON . THANK YOU. UM, O BUSINESS. THERE'S NO OLD BUSINESS FOR TONIGHT, SO WE WILL PROCEED WITH THE NEW VISIT TONIGHT. AND THE FIRST ONE IS, THIS IS CASE Z, CASE 25 0 6. THE APPLICANT 10 IS QUESTION OF VARIANCE FROM SECTION 1191 S SI BUILDING LOCATION PROPERTY IS LOCATED AS 68 38 GREEN EVERGREEN. SIR, CAN YOU, UH, READ THE REPORT PLEASE? YES, MA'AM. THANK YOU. GOOD EVENING EVERYONE. THANK YOU FOR BEING HERE. AS STATED, THE APPLICANT IS REQUESTING A VARIANCE FOR LOCATION OF ATTACHED GARAGE. PROPERTY IS UNPLANNED RESIDE HAS ARMED ADJACENT PROPERTIES. THE ADDRESS IS 6 8 3 8 EVERGREEN CIRCLE VARIANCES A REQUEST TO ALLOW CONSTRUCTION OF A DETACHED GARAGE IN THE SIDE YARD OF 68 3 8 EVERGREEN CIRCLE. THE PROPOSED GARAGE WILL INCLUDE A BREEZEWAY TYPE COVER CONNECTING THE ATTACHED AND DETACHED GARAGES. THE GARAGE MATERIALS MATCH THOSE OF THE HOUSE WITH A BRICK FRONT SIDED ON THE SIDES AND A MATCHING ROOF SECTION 11 91 0 1 OF THE ZONING CODE STATES IN A-R-B-A-P THROUGH PD OR I DISTRICT, AN ACCESSORY BUILDING NOT EXCEEDING ONE AND A HALF STORIES OR 14 FEET IN HEIGHT, MAY BE PERMITTED IN A REAR YARD. NOW WITHIN THE 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. AS A RESULT OF THE CODE REQUIREMENTS FOR ACCESSORY BUILDING LOCATION, THE OWNER WILL REQUIRE A VARIANCE MOVE FORWARD WITH THE PROJECT AS PLANNED CITY STAFF HAS NO OBJECTION TO THE GRANTING OF THIS VARIANCE ADJACENT TO PROPERTIES IN THE MIDDLE OF THE VARIANCE REQUEST. NO OBJECTION BEEN RECEIVED BY THE CITY. STEP ANALYSIS PARCEL IS APPROXIMATELY 0.33 ACRES. THE REQUIRED FIVE FOOT SIDE YARD SETBACK WILL PREVENT ENCROACHMENT INTO THE ACCESS EASEMENT. AND THERE ARE NO CITY UTILITIES AT PLAY. THE STRUCTURE IS A ATTACHED GARAGE. AS STATED, IT WILL BE LOCATED ON THE EAST SIDE OF THE HOUSE. AND THE ENGINEERING DEPARTMENT HAS NO CONCERN ABOUT THIS REQUEST THERE. THAT'S MY REPORT. THANK YOU. DO ANY BOARD MEMBERS HAVE ANY QUESTIONS FOR THE CITY STAFF? I HAVE A COUPLE. DON HAS CITY UNDER ANY OTHER DETACHED GARAGES IN THAT SUBDIVISION. I'M NOT AWARE OF ANY DETACHED GARAGES IN THAT SUBDIVISION, UM, IN MY TENURE WHERE I WOULD'VE INVOLVED WITH THE VARIANCE. SO I UNDERSTOOD. AND WE DON'T ENFORCE COVENANTS HERE, AS YOU KNOW, BUT I UNDERSTOOD THERE MAY HAVE BEEN A COVENANT PROHIBITING THAT. UM, BUT SINCE THE CITY DOES NOT ENFORCE EVIDENCE, I DON'T THINK IT'S INCUMBENT UPON THE BOARD TO DO THE SAME. UH, CAN YOU CONFIRM WHETHER OR NOT ANY NEIGHBORS HAVE RESPONDED EITHER IN SUPPORT OR OPPOSITION? WE'VE RECEIVED NO RESPONSE AS OF THIS MEETING. NO, SIR. UM, WAS NO OF THIS MARY REQUEST SENT TO ADJACENT PROPERTIES? YES, [00:05:01] SIR. ALL ADJACENT PROPERTIES, MEANING ANYONE THAT'S CONNECTED TO OR ACROSS THE STREET FROM THE VARIANT. SO WE RECEIVED NO RESPONSES EITHER WAY. NO, SIR. THANK YOU. UM, AND I WOULD LIKE TO SAY TO THE QUESTIONS THAT YOU ARE ASKING, UM, I LIVE IN THE NEIGHBORHOOD AND WE DO HAVE AN HOA IN THAT NEIGHBORHOOD, AND I SPOKE TO THE PRESIDENT OF THE HOA AND WE LOOKED AT THE COVENANTS AND THE WAY THAT MR. SIZEMORE HAS REDONE THE STRUCTURE OF THE GARAGE BECAUSE IT IS LOOKING LIKE IT IS ATTACHED WITH THAT BREEZEWAY GOING THERE. AND, UM, AS FAR AS WITH HIM DOING IT THAT WAY, WE HAVE NO CONCERNS AS FAR AS HIM PUTTING THAT STRUCTURE, THAT EXTRA GARAGE ON THE SIDE OF HIS HOME. I'M NOT SURE HE'LL BE GLAD TO HEAR THAT. MM-HMM . YEAH. AND, UM, HE SPOKE TO SOME OF THE NEIGHBORS IN THE NEIGHBORHOOD ALSO, JUST TO MAKE SURE THAT NO ONE HAD ANY CONCERNS ABOUT WHAT WAS GETTING READY TO HAPPEN ON THE PROPERTY. OKAY. MM-HMM . ANY OTHER QUESTIONS FOR THE STAFF APPLICANT OF THIS, UH, QUESTION? MRS. COULD YOU TO THE, UH, OWNER INFORMATION SHEET? UM, I'M GOOD. I CAN SPEAK WITH DON ABOUT IT IF THERE'S ANY QUESTIONS YOU HAVE FOR THE RECORD. I DON'T MEAN TO CUT YOU OFF BEFORE THE RECORD. CAN YOU STATE YOUR NAME, SPELL IT, AND SLIDE PAPER? UH, TIM THOMAS MOORE. T-I-N-S-I-Z-O-R. OKAY. THANK YOU. THANK YOU. SO THERE'S NOTHING YOU WANT. OKAY. SO IT'S NOTHING. EVERYTHING IS CLEAR. CLEAR. YOU GOOD WITH IT? OKAY. THANK YOU. I DO ASK QUESTIONS FOR QUESTIONS FOR THE BOARD FOR HIM. UH, CAN YOU EXPLAIN WHY A SECOND CAR GARAGES NEEDED? NO PROPERTY JUST FOR STORAGE IN ANOTHER VEHICLE FOR JUST PROTECTION. OKAY. UH, HAVE YOU SPOKEN TO YOUR IMMEDIATE NEIGHBOR ABOUT THE GARAGE? I, I HAVE NOT. NO. JUST ANNA'S THE ONLY PERSON I'VE SPOKE WITH. THAT'S ALL I HAVE THIS POINT. GOOD. THANK YOU, SIR. GOOD, THANK YOU. THERE'S ONE MORE QUESTION. I WILL CLOSE THE CASE AND I'LL MEET THE VARIANCE. EACH VARIANCE WILL, UM, MEMBERS NEED TO VOTE INDIVIDUALS FOR EACH THAT IS READ. SO I'LL START WITH THE FIRST ONE. WHETHER THE PROPERTY IN QUESTION WILL BE A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARI ONE. MRAM SECRETARY, CAN YOU CALL THE ROAD PLEASE? MR. BALL? NO. MR. MOCK? YES. MR. SCHAFFER? YES. MS. NEWBIE? NO. OKAY. WERE THE VARIOUS OR SUBSTANTIAL I UNDERSTAND TERRY. MR. MOCK? YES. MR. SCHAFFER? YES. MS. BALLER? NO. MS. NEWBIE? YES. WHETHER ESSENTIAL CHARACTERISTICS OF THE NEIGHBORHOOD WOULD BE SUBSTANTIAL ALTER, OR WHETHER ADJOURNING PROPERTIES WOULD SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF A VARIANCE. SECRETARY, MR. SHAFFER? YES. MS. BALLARD? NO. MR. MOCK? NO. MS. NEWBIE? NO. WHETHER THE VARIOUS ADVERSELY EFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SEWAGE, ARY, SEWAGE, OR GOVERNMENT GARBAGE REMOVAL? SECRETARY, MS. BALLARD? NO. MR. MOCK? NO. MR. SHAER? NO. MS. NEWBIE NO. WHERE THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS? MR. MA? YES. MR. SCHAFER? YES. MS. BALLARD? NO. MR. NEWBIE NO. WHERE THE PROPERTY ON PRED PREDICAMENT FEES CAN BE BURIED THROUGH SOME OTHER METHOD OTHER THAN A VARIANCE? MR. SCHA? NO. MR. BALLOR? NO. MR. MOCK? NO. MR. NEWBIE? NO. BUT THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENTS WOULD, WOULD BE OBSERVED WITH SUBSTANTIAL JUSTICE, UH, BY GRANTING THE VARIANCE. MS. BALLARD? NO. MR. MOCK? YES. MR. SCHAFFER? NO. MS. NEWBIE? NO. MAY I HAVE A MOTION TO APPROVE MS. VARIANCE? I MOVE THAT WE APPROVE THE VARIANCE. CASE NUMBER 25 DASH ZERO SIX SECOND. YEP. IT'S BEEN MOVED A SECOND. [00:10:02] THAT THE VARIANCE WE APPROVED FOR CASE NUMBER Z-Z-B-Z-A CASE 25 0 6 FOR THE DISCUSSION ON THE MOTION HEARING THE SCENE? NO DISCUSSION ON THE MO MOTION. MADAM SECRETARY, WILL YOU CALL ME OVER PLEASE? MR. SCHAFFER? NO. MS. BALLARD? YES. MR. MOCK? YES. MS. NEWBIE? YES. THE VARIANCE HAS BEEN APPROVED THREE TO ONE, SO, UM, GET WITH THE CITY, SEE IF THERE'S ANY ADDITIONAL THINGS YOU HAVE TO DO OKAY. ON THAT. THANK YOU. CASE CLOSED ON THAT ONE. YOU GOOD? OKAY, WE'RE GONNA MOVE ALONG. THE NEXT CASE IS THE BCA CASE 25 0 7. THE APPLICANT IN VROI HOMES IS REQUEST VARIANCE FROM THE CA CARRIAGE TRAIL DEVELOPMENT AGREEMENT OF FIVE FEET. SIDEWALK SETBACK PROPERTY IS LOCATED AT 25 0 5 ARROW WOOD STREET. DON? YES, MA'AM. AS STATED, THE APPLICANT RIDE HOMES IS REQUESTING VARIANCE RELIEF FOR A SIDE YARD SETBACK AT 3 5 0 5 ARROWWOOD STREET IN THE CARRIAGE TRAILS DUB UPON BY THE ZONING OFFICER. IT WAS DISCOVERED THAT THE SEPARATION BETWEEN 3 5 0 5 THIRD RELEVANT ARROWWOOD WAS LESS THAN THE MINIMUM COMBINED 10 FEET REQUIRED BY THE PUD AGREEMENT FOR THE SUBDIVISION. AFTER NOTIFICATION WAS MADE BUILDER, THEY HAD THE FOUNDATION'S RESURVEY AND FOUND THAT THE FOUNDATION OF THREE FIVE ENCROACHES BY 10 AND A QUARTER INCHES INTO THE YARD OF 35 11. THE VARIANCE REDUCING ITEM SETBACK FOR THIS PROPERTY ONLY WILL BE RIGHT THIS ON RECEIPT FILING APPROVAL AND OCCUPANCY CERTIFICATE FROM MONTGOMERY COUNTY, THE DEVELOPER CREATED A NEW POLICY WITH BUILDER THAT MOVING FORWARD UPON COMPLETION OF FOUNDATION PLACEMENT, RYAN HAVE AN OHIO REGISTER SURVEY SUBMITTED THE STATION FOR CORRECT PLACEMENT. SETBACK ASIDE OUR PREVIOUS E CERTIFICATE, THE FOUNDATION CERTIFICATE WILL BE SENT TO YOUR OFFICE FOR FILING WITH THE ZONING CERTIFICATE. THIS WILL ALLOW YOUR INSPECTORS TO RELY ON THE FOUNDATION CERTIFICATE WITHOUT HAVING TO MEASURE THEMSELVES AND GIVE RIDE NVR AN ADDITIONAL STEP IN THE PROCESS AS A TOOL TO ASSURE THE AGREED TWO FOUNDATION SURVEYANCE BEING QUOTE, COMPLETE PLANNING AND ZONING FEELS VARIANCE IS NECESSARY AND BELIEVES THE NEW POLICY CREATED IS A REASONABLE PREVENTATIVE MEASURE TO ENSURE THE SITUATION DOES NOT ARISE AGAIN. HOWEVER, THE ZONING DEPARTMENT WILL CONTINUE TO CHECK SETBACK MEASUREMENTS AS PART OF THE FINAL INSPECTION PROCESS, STEPH AND OF THE PROPERTY, THE PARCEL IS APPROXIMATELY 0.2 ACRES. THERE ARE NO CITY UTILITIES IN PLAY. IF THIS INGLE FAMILY HOME, THE VARIANCE WOULD BE ON THE EAST OF THE HOUSE. THE ENGINEERING DEPARTMENT HAS NO CONCERN ABOUT THIS REQUEST. UH, I KNOW REPRESENTATIVES ARE HERE FROM WRIGHT HOMES AND I DEFER TO THEM FOR ANY SPECIFIC QUESTIONS, BUT I AM HAPPY TO ASK YOU ANY JOURNAL THAT WERE NOT COVERED IN MY STAFF REPORT. HAVE ANY QUESTIONS FOR THE STAFF? I, ONE, IT SAYS THAT THE HOME ENCROACH THE FOUNDATION ENCROACHES BY 10 AND A QUARTER INCHES INTO THE YARD. IS THAT JUST THE SETBACK? ENCROACHES 10 AND A QUARTER INCHES. ARE WE SAYING THIS FOUNDATION YOU DON'T HAVE THE NEIGHBOR'S LOT? NO, THE SETBACK ENCROACHES. SO THERE'S A MINIMUM REQUIRED 10 FEET, FIVE FEET BETWEEN HOUSES. FIVE FEET. FIVE FEET. FIVE FEET. AND THEY, THEY ENCROACHED THEY'RE ONLY FOUR FEET. 1 1 3 QUARTERS INCHES. YES, SIR. SO IF I MAJOR FROM THE PROPERTY LINE TO HOUSE, IT'S FOUR FOOT ONE THREE QUARTER INSTEAD FIVE FEET. CORRECT. SO FOUNDATION IS THE SETBACK MADE FOR THE FOUNDATION. OKAY. OKAY, THANK YOU. YOU'RE WELCOME. UM, HAS THIS CONTRACTOR HAD OTHER ENCROACHMENT ISSUES IN THIS SUBDIVISION IN WHICH WERE HAD TO FILE ERRS? UH, NO. NOT FOR VARIANCE. OKAY. NO, SIR. UH, WOULD GRANTING THIS VARIANCE HAVE ANY EFFECT ON DRAINAGE HIGHER ACCESS IN PARTICULAR? NO. IS THE FOUNDATION CERTIFICATION POLICY ENFORCEABLE BY THE CITY AND WILL THE STAFF VERIFY COMPLEX GOING FORWARD? WELL, [00:15:01] SO, SO AS I STATED, WE WILL DO OUR NORMAL FOUNDATION INSPECTIONS. THAT'S HOW WE FOUND THIS. UM, BUT WHAT THE CERTIFICATION WILL DO IS, SO THE FOUNDATION'S PUT IN PLACE BY THE EXCAVATING COMPANY AND THEN RYAN WILL HAVE IT SURVEYED AT THAT POINT IN TIME. SO IF THERE IS A PROBLEM WITH THE PLACEMENT OF THAT FOUNDATION, THEY'LL KNOW IT THEN AND THEY'LL CORRECT, THEY'LL PHYSICALLY CORRECT IT. THE ONLY, I CAN ONLY TELL YOU THAT THIS HAPPENED WHEN I WAS STILL IN THE FIELD INSPECTING A FEW YEARS AGO WITH ANOTHER BUILDER. FOR SOME REASON, THEY PUT THE HOUSE WITHIN 14 FEET OF THE SIDEWALK INSTEAD OF THE REQUIRED 25 FOOT. AND THEY THOUGHT THEY WOULD JUST COME, YOU KNOW, COME BACK IN ONE OF THE BOARDS TO GET A VARIANCE. AND THE DEVELOPER, AFTER I SPOKE TO THE DEVELOPER AND I TOLD THE GENTLEMAN, NO, YOU WON'T. AND HE SPOKE TO HIM, CONWAY, HE WAS THE DEVELOPER AND KEN SAID NO. SO THEY HAD TO TEAR IT OUT AND START OVER AGAIN. SO THESE ARE, THIS IS AN ANOMALY. THIS MAY VERY WELL HAVE BEEN AN EXCAVATOR'S ERROR, READING HIS STAKES. DON'T KNOW. BUT I BELIEVE THAT IF IT HAPPENS AGAIN, IT'LL BE CAUGHT SO EARLY ON THAT THE CORRECTION WILL BE MADE BEFORE THE HOUSE IS CONSTRUCTED. UM, IF THE INSPECTOR NOTICE THIS VISUALLY YES. AS WELL. HE IS GOT A PRETTY GOOD EYE. SO THEN HE GOT OUT AND MEASURE. HE COULD TELL BY LOOKING HOW CLOSE THEY LOOKED AND THEN HE, HE GOT OUT AND TOOK A MEASURE TO SEE HOW MUCH SPACE THERE WAS BETWEEN THE HOUSES. WITH THE AVERAGE PERSON LOOKING AT THE HOUSES ON THE STREET EVERY DAY, THE GUY WHO LIVES ACROSS THE STREET, WOULD HE NOTICE THE SEPARATIONS ARE DIFFERENT? I DOUBT IT. THANK YOU. REPRESENTATIVE FOR WHY? WAIT JUST A SECOND. SO THE HOUSE, THAT'S NOT A RENDERING, THE HOUSE IS BUILT. OH YES, THE HOUSE IS BUILT. OKAY. THAT'S WHY WE'RE HERE. BUT IF IT WAS, DON'T MEAN TO SPEAK OUT OR TURN. IF IT WAS JUST A FOUNDATION, THEY WOULD'VE TORN IT DOWN. TORN IT DOWN TO BE PUT IT, NO, THIS HOUSE WAS FULLY CONSTRUCTED AND PROBABLY SOLD. YOU GUYS DON'T BUILD 'EM UNLESS THEY'RE SOLD. CORRECT. RIGHT. YOU, YEAH. BUT DOES THAT ANSWER YOUR QUESTION, MR. MARK? OKAY. YES, I'M SORRY. OH, OKAY. THANK YOU. JUST STATE YOUR NAME AND SPELL IT FOR THE RECORD PLEASE. UH, MY NAME IS BRIAN HOCKETT. B-R-I-A-N, LAST NAME H-O-C-K-E-T-T. UH, AS DON SAID, I WORK WITH RYAN HOLMES. UM, FIRST I WANT TO THANK YOU GUYS FOR YOUR TIME THIS EVENING. APPRECIATE YOU TAKING TIME TO ALLOW US TO MEET AND SPEAK WITH YOU. UM, SECOND FROM THE START, JUST WANNA APOLOGIZE THAT WE'RE HERE. UM, OBVIOUSLY WE HAD AN ERROR IN THE CONSTRUCTION PROCESS. WE APOLOGIZE FOR THAT AND, UM, APOLOGIZE FOR TAKING EVERY TIME IN THIS MEETING FOR THAT. BUT, UM, AS DON SPOKE OF EARLIER, DO FEEL THE PROCESS MOVING FORWARD, UM, IT'S GOING TO HELP TO NOT HAVE THIS PROBLEM IN THE FUTURE. UM, AS HE STATED, DURING THE CONSTRUCTION PROCESS, ONCE WE WOULD PUT THE FOUNDATION IN THE GROUND, WOULD BE VERIFYING THAT THAT FOUNDATION IS IN THE CORRECT LOCATION BEFORE WE WOULD MOVE ON TO THE NEXT STEP OF PROCESS, WHICH WOULD BE FRAMING AT THAT TIME. IF WE FOUND THERE TO BE AN ERROR, WE WOULD RIP THAT FOUNDATION OUT THE GROUND, MAKE A CORRECTION TO NOT MOVE FORWARD. UM, WE WILL ALSO TAKE THAT LETTER THAT'S OR CERTIFICATION FROM THE ENGINEER WHEN THEY CERTIFY THE FOUNDATION'S IN THE CORRECT LOCATION AND PROVIDE THAT TO THE OFFICE HERE AT HUBER HEIGHTS. ANSWER ANY QUESTIONS. IS THE HOUSE SOLD? SO THIS HOUSE WAS ORIGINALLY SOLD. UM, WE DID HAVE A CUSTOMER THAT WAS INVOLVED WITH US. DON IS CORRECT. THAT IS TYPICALLY OUR PROCESS. WE HAVE A CUSTOMER WHEN WE START A HOME. CUSTOMER IS INVOLVED IN THE PROCESS. WHEN THIS HAPPENED, WE DID MAKE THE CUSTOMER THERE AWARE OF WHAT WAS HAPPENING. UM, AT THAT TIME, THE CUSTOMER CHOOSE TO NOT NO LONGER BE IN AGREEMENT WITH US. UM, THERE WAS CONCERN, THEY WANTED TO SEE WHAT WOULD HAPPEN FROM THIS MEETING TONIGHT. UM, THE CUSTOMER IS STILL VERY INTERESTED IN THE HOUSE AND WOULD LIKE TO POTENTIALLY COME BACK, BUT WE NEEDED TO HAVE THIS MEETING AND SEE HOW THAT WOULD PROGRESS. WE DID OUR HOMEOWNER TO THE RIGHT OF THIS HOME, WHICH WOULD BE TO THE EAST. WE MADE THEM AWARE. THEY'VE ALREADY CLOSED. WE'VE ALSO MADE OUR HOMEOWNER TO THE WEST, UM, WHICH WOULD BE TO THE LEFT. WE'VE MADE THEM AWARE AS WELL AS TO WHAT'S GOING ON, UM, WITH THE POTENTIAL VARIANCE HERE, UM, TO MAKE THEM AWARE ACROSS THE STREET FROM THIS, THERE'S ACTUALLY A POND. SO THERE'S NOT A HOMEOWNER OR A DETENTION AREA, SORRY. SO THERE'S NOT A HOMEOWNER INVOLVED ACROSS THE STREET NOW AT THIS PARTICULAR NOT GO THROUGH WITH THIS SALE MM-HMM . AND SOMEONE ELSE COMES ALONG, YOU'LL MAKE THEM AWARE OF THIS SITUATION? YES, MA'AM. YEAH, WE WILL MOST DEFINITELY. UM, AT AS PART OF OUR PROCESS AT THE CLOSING, WE ACTUALLY, WE WOULD COVER THIS BEFORE THAT, BUT AT THE CLOSING TOO, UH, STEP IN THE PROCESS, THEY'RE PROVIDED A PLOT [00:20:01] PLAN OR AN ASBUILT SURVEY THAT ACTUALLY SHOWS HOW THEIR HOME SETS ON THE LOT. SO THEY DON'T RECEIVE THAT DOCUMENTATION, BUT WE WOULD MOST DEFINITELY MAKE THEM AWARE OF THE VARIANCE THAT WOULD BE ON THEIR LOT, UM, AT THE POINT OF PURCHASE. THANK YOU. I, I HAVE SOME OTHER QUESTIONS. YES, SIR. IF, UH, GIVEN YOUR COMPANY'S SIZE AND EXPERIENCE, CAN YOU TELL US WHAT QUALITY CONTROL PROCESSES WERE MISSED THAT THIS HAPPENED? SURE. UM, SO WE HAVE A PROCESS WHERE WE PIN OUR FOOTINGS WHERE, UM, WE, FOR LACK OF BETTER TERMS, LOCATE THE CORRECT CORNERS OF THOSE BUILDINGS. IT'S BELIEVED IN THIS INSTANCE THAT ONE OF OUR BENCHMARKS, UM, HAD HAVE EITHER GOTTEN STRUCK OR DISLOCATED BY POTENTIALLY ANOTHER CONTRACT WORKING AT AN AREA. AND YOU THINK THAT'S WHERE THE AIR CAME UP OR HAPPENED? UM, AND THAT'S WHY WE PROPOSED WORKING WITH THE DEVELOPER, THIS NEW PROCESS MOVING FORWARD. WOULD THAT EXPLAIN, WHEN I LOOK AT THE PICTURES MM-HMM . IT LOOKS LIKE THE POLE HOUSE SITS ON THE LOT CAN OFFICE LIKE IT OUT, OUT HOUSE SQUARE, CORRECT? IT'S CANDID. YES, SIR. IS THAT AS A RESULT OF THE CORNER PIN BEING OUT OF PLACE? THAT'S WHAT WE BELIEVE. OKAY. YES. YES SIR. UM, I THINK YOU'VE COVERED HOW, HOW THIS WOULD BE HANDLED IN THE FUTURE. WOULD IT, UM, WHAT I'D REALLY LIKE TO SEE THE BUYER BUY INTO THIS, DO YOU HAVE ANYTHING IN THE WAY OF NOTICE, SUPPORT, ENCOURAGEMENT, UH, ANYTHING FROM THE, THE POTENTIAL BUYER THAT, THAT SAYS, HEY, I'M JUST WAITING ON THE VARIANCE TO SAY YEAH. YES, AND IT'S ALL, IT'S VERBAL AT THIS POINT, BUT YES, WE HAVE A MUTUAL UNDERSTANDING WITH THE BUYER THAT THIS GOES, GETS GAINS APPROVAL. UM, WE CAN HAVE THAT, THAT TALK AND GET BACK IN THE CONTRACT WITH THEM. THE, THE BUYER DEFINITELY WANTS A HOUSE. THEY WANT TO MOVE IN, THEY WANT LIVE THERE. THERE'S JUST A LOT OF UNCERTAINTY. OBVIOUSLY WE DIDN'T KNOW HOW THE BOARD WAS GONNA RESPOND TO, UM, THE CONVERSATION WE'RE HAVING TONIGHT. SO, WHICH WE UNDERSTOOD. WE WANT THE BUYER TO BE COMFORTABLE. WE WANT THEM TO UNDERSTAND WHAT'S GOING ON AND HAVE THEIR BUY IN WITH WHAT WE'RE DOING. SO THAT'S WHY WE CHOSE AT THAT POINT IN TIME, UM, TO PAUSE UNTIL WE CAN GET THIS FIGURED OUT AND THEN BRING THEM BACK INTO THE, I CAN JUST TELL YOU FROM MY PERSPECTIVE. YEAH. UM, KNOWING THAT THE BUYER KNOWS WHAT THE ISSUES ARE MM-HMM . AND IS COMMITTED TO THE PROPERTY ANYWAY, IS ALMOST ESSENTIAL FREEING THE VOTE. YEAH. UM, I, I'VE JUST, IF THEY BUY INTO IT. OKAY. YEAH. UH, AND IF THEY HAVEN'T BOUGHT INTO IT, AND I'M NOT ASSURED THAT THEY EVEN KNOW OR UNDERSTAND WHAT THEY'RE BUYING INTO, I'M VERY, VERY HESITANT. UNDERSTOOD. BUT LIKE I SAID, WE HAD THESE CONVERSATIONS, UM, WITH THEM. THEY UNDERSTAND THE VARIANCE THAT WE'RE HAVING TONIGHT. THEY'RE STILL INTERESTED IN THE PROPERTY, THEY'D LIKE TO COME BACK. THEY WOULD JUST LIKE KNOW THAT WE HAVE THE APPROVAL FOR THE VARIANCE FOR THE LAW. SO, SO THEY UNDERSTAND AND APPRECIATE, I MEAN, I'M NOT, THIS, THIS PROPERTY'S ALREADY SET UP ON MINIMUMS, RIGHT? SURE. AND WE'VE, WE, YOU KNOW, BASICALLY APPROVED THESE, THESE LOST BE BUILT RIGHT TO THE LINE, CORRECT? NO, NO, NO. FUDGE FACTOR. YEAH. UM, SO THE NEIGHBORS ULTIMATELY WIND UP HAVING TO MOVE TRASH CANS BACK AND FORTH AND DO MAINTENANCE AND SIDING AND ROOFS AND EVERYTHING ELSE. AND OVER TIME NEIGHBORS TEND TO GET UNCOMFORTABLE WITH THEIR NEIGHBORS INTRUDING ON THEIR PROPERTY BECAUSE THEY DON'T HAVE A WIDE SPACE. RIGHT. AND SO THEIR GRASS GETS TRAMPLED, THEIR FLOWERS AND WHATEVER. THEY CAN'T HIDE. THEY CAN'T PUT THE TRASH CANS WHERE THEY WANT. UM, I I I'M JUST CONCERNED THAT THE, THE BUYER UNDERSTANDS THAT THE 10 FOOT MINIMUM IS ALREADY A 10 FOOT MINIMUM FOR GLU REASON. YEAH. AND THAT GETTING UP SEVEN OR 8% OF THAT IS NOT TRIVIAL, AT LEAST IN MY BOOK. BUT IF THE BUYER BUYS INTO THAT, I'M OKAY. THAT'S WHAT I'M LOOKING FOR IS WHERE'S, WHERE'S THIS COMMITMENT FROM THE BUYER? AND, AND, AND I GOTTA TELL YOU, I'VE TALKED TO A LOT OF PEOPLE WHO LIVE OVER IN HARRIS TRAILS. I'M NOT SURE THEY GET THE WHOLE STORY WHEN THEY BUY THEIR HOUSES. SO THAT'S, I'M, I'M REAL CONCERNED ABOUT THAT HERE. OKAY, WELL THEY'RE 'CAUSE THE HOUSE IS HITTING LIKE THAT. YEP. SO THEY'RE GAINING IT OVER HERE. THEY'RE LOSING IT OVER HERE. SO THEY'RE NOT ENCROACHING ON LAND ANYWHERE. IT'S JUST THAT THAT OFFSET IS OFF THE SPOT BETWEEN THE FRONTS OF THOSE GARAGES ARE SO NARROW THAT IT'S GOING TO BE PROBLEMATIC. FOR EXAMPLE, NEITHER OF THEM COULD PUT, OR BOTH OF THEM CAN'T PUT THEIR WASTE CANS LES ON THE SIDE OF THE HOUSE THERE. SO MR. I [00:25:01] THINK THE ANSWER TO THAT QUESTION, AND BRIAN CORRECT ME IF I'M WRONG, YOU'RE DOWN TO ABOUT NINE FEET SEPARATION OF THE FRONT CORNER OF THOSE HOUSES. THAT'S WHAT YOU ARE ASKING, RIGHT? RIGHT. THAT'S CORRECT. YES. THE REAR, THE CLOUD LINE IS THE SAME. YES. IT'S JUST THE HOUSE IS A LITTLE IN, SO YEAH, THEY HAVE A LITTLE MORE ROOM OVER HERE. A LITTLE LESS ROOM OVER HERE. NO, THEY HAVE THE AMOUNT OF ROOM THEY'RE SUPPOSED TO HAVE ON THE ONE SIDE, WHICH IS FIVE FEET. THEY HAVE RIGHT ABOUT FOUR FEET ON THE OTHER SIDE. SO I'M LOOKING AT THE, AT THE GRAPHIC THAT'S INCLUDED ON PAGE SOMETHING, UH, A COUPLE PAGES UP FROM THAT. IT'S THE PLAN, THIS ONE. AND IT SHOWS FIVE SIX AT THAT FRONT LEFT CORNER. UM, AND IT IS FOUR ONE ON THE FRONT RIGHT CORNER, THAT ONE. SO I MEAN, THE LOT DOESN'T CHANGE. THE HOUSE IS JUST LITTLE C**K. SO DOES ANYONE ELSE HAVE ANY QUESTIONS BEFORE I CLOSE THIS CASE? DO YOU HAVE ANY, ANYTHING ELSE YOU WANT TO SAY? I DON'T BELIEVE SO. I APPRECIATE YOUR TIME. THANK YOU FOR LETTING US SPEAK AGAIN MUCH. DO WE HAVE ANYONE, THE NEIGHBORS IN THE NEIGHBORHOOD YOU MIGHT WANTS TO SPEAK? HELLO? DIA SCHWARTZ. AND UH, I'LL SIGN IN. OH, COULD YOU ALSO SPELL YOUR NAME? I'M DONE FOR THE RECORD, PLEASE. THANK YOU. C-I-D-Y-S-C-H-W-A-R-D-Z. THANK YOU. WHAT CAN YOU SHARE WITH THE SCHOOL? UM, I'VE COME TO SPEAK ON THIS VARIANCE REQUEST FOR MANY REASONS. I LIVE IN TRAILS AND I ALSO LIVE IN ORION BUILT HOME. I'M A LONG RESIDENT OF HUBER HEIGHTS AND I CARE ABOUT THE CITY AND ITS RESIDENCE WHILE LIVING IN ORION HOME THAT IS INSIDE . AND PAYING ATTENTION TO WHAT OUR LOCAL GOVERNMENT ALLOWS. I HAVE SEEN WITH FIRSTHAND EXPERIENCE HOW MUCH WE ALREADY GIVE THE DEVELOPERS AND VOTERS FIVE FOOT SETBACKS ON CI YARDS ARE THE BASELINE PER RESIDENTIAL CODE OF OHIO. IT IS WHAT THE CITY OF DELAWARE AGREED TO WI WITH THE DETAILED DEVELOP PLAN THAT WAS APPROVED. I'VE READ THAT IF THERE'S UNDER A FIVE FOOT SETBACK FROM THE PROPERTY LINE, THEY NEED TO CONSTRUCT THAT EXTERIOR WALL ON THAT HOME WITH A COMBUSTIBLE MATERIAL OR A SPRINKLER SYSTEM FOR FIRE SAFETY. HAS THAT HAPPENED? DOES THE VINYL SIDING HAVE GYPSUM BOARD UNDERNEATH? IS MATERIAL FIRE RESISTANT RATED? THIS IS ALREADY AN ANSWERED, BUT DO THE FUTURE HOMEOWNERS EVEN KNOW WHAT'S HAPPENING HERE AND THAT THEY'RE LOSING ALMOST A FOOT OF THEIR BARE MINIMUM SIDE YARD? IT'S THINGS LIKE THESE THAT HAVE TO BE TAKEN INTO ACCOUNT WHAT SEEMS LIKE A SIMPLE VARIANCE. I FOR INSTANCE, CAN HEAR PLAIN AS DAY WHEN MY NEIGHBOR'S OUTSIDE, WHEN HE WHISTLES, WHEN HE AWAY. I FEEL LIKE WHEN I'M IN MY BACKYARD ON MY PATIO THAT I'M SITTING WITH THEM BECAUSE WE ARE SO CLOSE AND OUR MOA DOESN'T EVEN ALLOW PRIVATE FENCES. A LITTLE OVER 10 INCHES DOESN'T SEEM LIKE MUCH, BUT WHEN YOU ONLY HAVE SIX INCHES AS IS, THAT IS A LOT. NOW TOP THAT OFF WITH THE FACT THAT OUR CITY CODE AND THE MOA HAS RULES THAT TRASH CANS HAVE TO BE BACK FROM THE FRONT OF YOUR HOME AND SHIELD AND VIEW. THE TWO HOUSES HAVE GARAGES BACK TO BACK, WELL SIDE TO SIDE. TYPICAL TRASH CAN STORAGE PLACEMENT IS ON THE SIDE WITH THE GARAGE. OUR TRASH CANS ARE SLIGHTLY OVER 26 INCHES WIDELY OUTSIDE. THIS WILL LEAVE THIS HOME WITH UNDER TWO FEET OF SPACE FROM BROADWAY LINE. WE ALREADY CAN EASILY START IN TRASH HANDS, YET WE REQUIRE THEM TO BE AGAINST. HOUSES ARE MADE WITH BULE MATERIALS, FIRES AND GARAGES ARE THE MOST DESTRUCTIBLE FIRES FOR A HOME. AND KITCHENS ARE THE NUMBER ONE PLACE THAT HOUSE FIRES IN. IF THESE HOMES ARE LIKE MINE AND LIKE MY NEIGHBOR, THAT MEANS THAT OUR KITCHEN AND GARAGES ARE SIDE BY SIDE AND IN MY CASE IS SEPARATED BY 10 FEET. THE NUMBER ONE SPOT IN THE HOME FOR FIRES. THE NUMBER ONE SPOT FOR THE MOST DESTRUCTIVE HOUSE FIRES AND TRASH CANS. BRIDGING THE GAP BETWEEN HOUSES SHOULD ALREADY BE CONCERNING BY PROVING THIS VARIANCE, IT FURTHER ENHANCES THE ABILITY FOR FIRES TO SPREAD IF PRECAUTIONS SUCH AS THE FIRE SAFETY RATE MATERIALS AREN'T USED AND INCREASES THE RISK FOR PROPERTY IMAGE OF THE SIDES OF THESE TWO HOMES, ALSO IT FURTHER UNDERMINES THE SLIGHTEST PRIVACY [00:30:01] THAT THEY HAVE WITH ENCROACHMENT. IF THIS WAS A BUILDER WHO PUT THEIR CUSTOMERS FIRST, ADDRESSED THE SHODDY WORKSMANSHIP ISSUES, MANY OF US RYAN HOMEOWNER FACE AND ABIDE BY OTHER CITY CODES THAT WE HAVE, I WOULD BE ALL RIGHT WITH THE APPROVAL, THE VARIANCE AS LONG AS THEY SHOWED PROOF OF INFORMING THE HOMEOWNER AND THAT THEY'RE AWARE AND THAT THAT SIDE OF THE HOME IS CONSTRUCTED WITH THE FIRE RELATE FIRE RATED MATERIALS THAT I BELIEVE THAT'S THE CASE HERE THOUGH. THIS THE COMPANY'S CUSTOMERS HAVE TO FIGHT FOR SIMPLE FIXES FOR THEIR HOMES UNDER WARRANTY THAT ARE LIED TO FOR THEM TO SIGN ON THE DOTTED LINE FROM BUILD REPS THAT BUILD HOMES WITH BOWING WALLS, PLUMBING ISSUES, TONS OF ROOFING ISSUES THAT RESULT LEAKS IN EXTENSIVE DAMAGE. HOLES IN SUBFLOORING THAT'S COVERED WITH CARPET OR LINOLEUM TRASH AND VENTS AND DRAINS. ZO OR SEED THAT FAILS TO GROW CORRECTLY BECAUSE IT'S PLACED OVER TRASH OR LARGE, LARGE ROCKS THAT YOU CAN EVEN SEE IN THE PICTURES THAT COULD BE RIGHT BEFORE SODDING. THEY JUST SAW OVER THE ROCKS, UM, SINKING AND ROADING YARDS, PORCHES, DETACHING AND CAVING IN AND OUTSIDE VENT THAT AREN'T EVEN FLUSHED WITH THE HOME, THAT HAVE NO COLORS ON THEM, PROTRUDING SEVERAL INCHES AWAY FROM THE SIDING AND AREN'T EVEN SEALED. SO THEY CAUSE RAIN DAMAGE OR JUST A, A NAMED FEW OF THE SO MANY EDGE US AND HUBER FACE WITH MVR. POOR WORKMANSHIP IS EVIDENT. AND THIS VARI VARIANCE EVEN SHOWS THAT TOP THAT BEING CITY DISOBEYING CITY CONSTRUCTION START AND TOPS START AND TOP LINES DUMPSTERS THAT OVERFLOW AND HAVE TRASH FLOWING THROUGHOUT THE NEIGHBORHOODS. THE CONSTRUCTION DUST THAT I HAVE NOT SEEN KEPT TO A MINIMUM AND THE COMPLETE DISREGARD TO CITY POSTED SIGNS THAT SAY NO CONSTRUCTION TRAFFIC, YET WE'RE CONSISTENTLY DRIVING THROUGH AND EVEN PARKING THOSE VARIOUS STREETS. FOR A COMPANY WHO SEEMS TO SHOW A GREAT LACK OF AIR FOR OUR QUALITY OF LIFE, OUR CITY RULES, AND CAN EVEN BACK THEIR OWN WARRANTIES OR WORKMANSHIP ISSUES WITHOUT BEING FORCED TO. I FIND IT IRONIC THAT THEY ASK FOR LENIENCY, ESPECIALLY TO A CITY. THEY WON'T EVEN CLAIM THAT THESE HOMES ARE INDEED BUILT IN. I ENCOURAGE YOU THAT IF YOU WOULD LIKE TO APPROVE THIS, THE FIRST TABLE, THIS VARIANCE UNTIL PROOF IS SHOWN THAT THE OWNER IS AWARE AND THAT THE SIDES OF THE HOME ARE CONSTRUCTED TO ATE FIRE SAFETY ISSUES PERSONALLY, SINCE THEY HAVE SHOWN SEVERAL INSTANCES OF DISREGARD TO CITY CODES, ORDINANCES AND LEAVE THEIR CUSTOMERS WITHOUT A FIGHT FOR WHAT'S RIGHT AND FAIR, I'M AGAINST THE APPROVAL. IF ONLY WE WERE GIVEN SOME LENIENCY AND CARE FROM THEM, MAYBE I WOULD FEEL DIFFERENT. THANK YOU GUYS. ANY QUESTIONS? THANK YOU MA'AM. THANK YOU. OKAY, SEEING THAT I'M HEARING THAT YOU NO MORE QUESTIONS. DISCUSSION. WE GOT ANOTHER, I'M SORRY. MY NAME IS SHEENA MAYS, S-H-E-E-N-A-M-A-Y-S. AND I ALSO LIVE CARRIAGE TRAILS IN NVR OWNED BY RYAN. UM, THIS REQUEST IS NOT ABOUT AESTHETICS OR CONVENIENCE, IT'S ABOUT SAFETY. IT'S ABOUT CUTTING CORNERS. AND I'M HERE TONIGHT TO BOAST THE VARIANCE REQUESTS FROM MARINE HOMES. THIS VARIANCE THAT THEY'RE ASKING FOR ISN'T SMALL MATTER. IT ENSURES THAT THERE'S ADEQUATE SPACE BETWEEN THESE HOMES, UM, AS CINDY TALKED ABOUT. 'CAUSE GOD FORBID ONE OF THEM CATCH FIRE. WE DEFINITELY HAVE OTHER ISSUES. SO THIS IS NOT A MISTAKE THAT SHOULD BE EXCUSED WITH A SIMPLE EXCEPTION. RYAN HOLMES HAS A LONG TRACK RECORD IN CARRIAGE TRAILS OF CUTTING CORNERS AND DISMISSING VALID HOMEOWNER CONCERNS. I CAN SPEAK FROM PERSONAL EXPERIENCE. MY HOUSE WAS BUILT IN 2019. I AM THE SECOND OWNER OF THAT PROPERTY BY 24. THERE WAS SUCH A HUGE GAP BETWEEN THE THRESHOLD AND THE FRONT PORCH THAT I COULD LITERALLY FIT MY ENTIRE HAND DOWN IN THERE. AND WHEN I REACHED OUT TO RYAN HOLMES, THEY FLAT OUT DISMISSED ME, TOLD ME THAT IT WAS NOT A STRUCTURAL ISSUE AND THEREFORE IT WAS NOT GOING TO BE COVERED UNDER WARRANTY. TOOK MONTHS OF BACK AND FORTH AND FINALLY THREATENING LEGAL ACTION WITH FAITH CAME IN AND TOOK CARE OF THE PORCH. AND DURING THAT REPAIR PROCESS, IT WAS DISCOVERED THAT DURING THE INITIAL BUILD WAS NO STRUCTURAL SUPPORT PLACED INSIDE THE CONCRETE OF THE PORCH. NONE. IT WASN'T JUST A SMALL [00:35:01] OVERSIGHT, IT WAS DILIGENCE. UM, AND THAT'S WHAT HAPPENED WHEN THERE WAS MORE CONCERN WITH SPEED AND PROFIT THAN WITH QUALITY AND SAFETY. AND I KNOW I'M NOT ALONE. I HAVE A NEIGHBOR RIGHT ACROSS THE STREET THAT HAD THE SAME ISSUE. ONLY THEY WERE OUT MONEY OUT OF THEIR POCKET BECAUSE THEY DIDN'T FIGHT THE WAY THAT I DID. SO WHEN BRIAN HOLMES WAVES AWAY THINGS AS NOT STRUCTURAL OR NOT COVERED, LEAVING HOMEOWNERS FIX ISSUES BY THEMSELVES THAT IT SHOULD NEVER HAPPEN. UM, THEY SHOULD HAVE BEEN COVERED UNDER WARRANTY REPAIR. AND THIS IS AN ISOLATED INCIDENTS. IT IS PATTERNS OF THEIRS. WHEN RYAN HOLMES ASK YOU TO APPROVE THIS VARIANCE, THEY'RE NOT ASKING YOU TO JUST OVERLOOK A ONETIME MISTAKE. THEY'RE ASKING YOU TO AVOID PATTERN OF CARELESS CONSTRUCTION AND DISMISSIVE BEHAVIOR TOWARDS HOMEOWNERS. AND THAT IS WHY THIS VARIS MATTERS SO MUCH. IF THIS BOARD GRANTS IT, YOU'RE TELLING RYAN HOLMES THAT IT'S ACCEPTABLE THEN TO IGNORE THE DEVELOPMENT AGREEMENT TO CUT CORNERS, UM, TO ASK FORGIVENESS. INSTEAD OF DOING THE WORK RIGHT THE FIRST TIME, YOU'RE REWARDING A MISTAKE CAUSED BY CARELESS BUILDING PRACTICES. THE DEVELOPMENT AGREEMENT WAS PUT IN PLACE TO PROTECT OUR COMMUNITY AND CARRIAGE TRAILS, OUR HOMES SAFETY AND OUR INVESTMENT. RYAN HOMES SHOULD BE REQUIRED TO FOLLOW IT NO MATTER WHAT. IT COSTS THEM TO PICK THEIR MISTAKE, PERIOD, HOLD THE BUILDER TO THE SAME STANDARDS THAT WE HOMEOWNERS ARE HELD TO. AND IF THEY DON'T REQUIREMENTS OF THE DEVELOPMENT AGREEMENT, THEN THEY SHOULD REQUIRED TO FIX IT UNTIL THEY DO. THAT'S THE RESPONSIBILITY. SO PLEASE DO NOT APPROVE THIS VARIANCE TONIGHT. THANK YOU. OKAY. SINCE THERE'S NO QUESTIONS, WE'LL CLOSE THE CASE AND READ THE VARIED STANDARDS AS FOLLOW. YOU SEE WHETHER PROPERTY QUESTION WILL YOU RELEASE, OVERTURN WHETHER THERE THERE CAN BE ANY BENEFICI USE OF PROPERTY WITHOUT VARIANCE. AND SECRETARY TECHNICAL PLEASE. MR. MARK? NO. MR. SCHAFFER? NO. MS. BALLARD? NO. MR. NEWBIE? NO. WHETHER VARIANCE IS SUBSTANTIAL. MR. SHAFER? YES. MR. BALLARD? YES. MR. MA? YES. MS. NEWBIE? YES. WHETHER CENTRAL CHARACTERISTICS OF NEIGHBORHOOD WOULD BE SUBSTANTIAL, ALTERED, OR WHETHER AJOUR PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE. MS. BALLARD? YES. MR. MA? YES. MR. SHAFER. MS. MS. NEWBIE? YES. WE EVENTS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICE SUCH AS WATER, SANITARY SEWAGE OR GOVERNMENT REMOVAL. SORRY, GO AHEAD MR. MA. NO. MR. SCHAFER? NO. MS. BALLARD? NO. MS. NEWBIE? NO. WHERE THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION. MR. SCHAFFER? YES. MS. BALLARD? YES. MR. MA? YES. MS. NEWBIE? YES. WHERE THE PROPERTY OWNER OWNER'S PREDICAMENT FEASTLY CAN'T BE A THROUGH OTHER METHOD OTHER THAN THAN A VARIANCE. MS. ER? YES. MR. MOCK? NO. MR. SCHAFFER? YES. MS. NEWBIE? YES. WHERE, WHERE THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENTS WILL BE OBSERVED OR SUBSTANTIAL JUSTICE DONE BY GRAND VARIANCE. MR. MOCK? YES. MR. NO. MS. BALLARD? NO. MS. BIE? NO. MAY I HAVE A MOTION TO PROVE THIS? A, I'D LIKE TO MAKE A MOTION TO TABLE THIS CASE BZ 25 0 7 UNTIL SUCH TIME AS THE BUILDER CAN BRING VERIFICATION OF THE KNOWLEDGE OF BUYER DISAPPROVAL. IT MEET FIRE CODES ASSOCIATED WITH HAVING A LESS THAN 10 FOOT SEPARATION. A SECOND BACK BUYER ACCEPTANCE CALL. IS THAT WHAT YOU SAID? BUYER ACCEPTANCE. I, I WANT, I WANT ASSURANCE THAT HE, UH, BUILT WITH A 10 FOOT SEPARATION, LESS THAN 10 FOOT SEPARATION. THAT IT MEANS THE REQUIRED ANCE. NO, I'M ON THE BUYER PART. YOU WANT VERIFICATION THAT THE BUYER IS ACCEPTING IT OR IS NOTIFIED? BOTH. OKAY. HANG ON. THAT HE ACCEPTS AND APPROVES. THAT'S BETTER. [00:40:03] NOW THE BUILDING PART, THE BUILDING PART IS TO VERIFY THAT THE STRUCTURES MEET FIRE REQUIREMENTS GIVEN A LESS THAN 10 FOOTS AS A CONSTRUCTION REQUIREMENTS. ALRIGHT, AND I'VE GOT A QUESTION ALSO. I KNOW THAT THERE'S A BUYER THAT'S INTERESTED IN THE QUALITY NOW, BUT IF THAT BUYER DOES NOT BUY THAT PROPERTY, I THINK THAT THE NEXT PERSON THAT YOU TALK TO, WE NEED TO KNOW THAT THEY ARE AWARE OF WHAT'S GOING ON OF THAT PROPERTY. YOU HAVE TO BE ATTACHED TO THE YEAH, SOMEHOW IT SHOULD BE ATTACHED TO, YEAH. IS THIS VARIANCE ONLY REQUIRED THE OCC OCCUPANCY? UH, IT'S NOT REQUIRED FOR SALE. CORRECT. THE SALE CAN BE COMPLETE WITH CONDITIONAL OCCUPANCY BASED ON GETTING THE VARIANCE APPROVED. SO THE, THE INSPECTION OR APPROVAL PROCESS WORKS THIS WAY. MONTGOMERY COUNTY ISSUES A CERTIFICATE OF OCCUPANCY TO ANY STRUCTURE IN THIS COUNTY. WHAT THE CITY IS DOING IS SAYING THAT YOU BUILT THE HOUSE, YOU SAID YOU'RE WHEN TO BUILD. WE INSPECT THE EXTERIOR APPOINTMENT. THEY HAVE TO HAVE AN APPROVAL TAG FROM MY INSPECTOR TO PRESENT TO THE MONTGOMERY COUNTY INSPECTOR SO HE CAN SAY THIS AS WELL. SO MONTGOMERY COUNTY, WILL GRANITE OCCUPANCY PERMIT FULL STRUCTURE TO BE OCCUPIED? IS THE OCCUPANCY CERTIFICATE REQUIRED PRIOR TO THE SIGN OF SALES AGREEMENT? I CANNOT ANSWER THAT, BUT I ASSUME IT'S BRAND. THAT'S A QUESTION FOR YOU. SO THERE'S NOTHING TO PREVENT SELLING ON THAT CONDITION. CORRECT. HOWEVER, HOWEVER, WE WOULD NOT ISSUE A FINAL INSPECTION TAG UNLESS THE VARIANCE IS APPROVED. BUT I UNDERSTAND WHAT YOU'RE SAYING. SO I THINK IT NEEDS TO BE, IT IT, I THAT A STATEMENT THAT IF THIS VARIANCE IS APPROVED, IT WILL BE INDICATED IN THE DEED OF RECORD. SO FOR WHOEVER PURCHASES IT. BUT I'M NOT A LAWYER, SO I DON'T KNOW HOW THAT WOULD BE HANDLED. COULD WE MAKE VARIANCE CONDITIONAL LAW APPROVAL CONDITIONAL UPON THE REMAINING EVIDENCE, WHICH IS THE BUYER'SS KNOWLEDGE AND ACCEPTANCE SO THAT WE DON'T HAVE TO EE I UNDERSTAND. WELL, BUT THAT HAVE TO BE BASIC SE BUYER, RIGHT. ONCE THEY BUYER CLIENTS, RIGHT. IT'S ACCEPTING THE RISK OF THAT'S EXACTLY BUYER B OR CAVEAT OUTDOOR. OKAY. SO, SO IN THIS SITUATION, IF THE VARIANCE IS GRANTED WITH A CONDITIONAL GRANT THAT WE WANT WRITTEN PROOF FROM THE BUYER THAT THEY'RE IN AGREEMENT WITH THE VARIANCE, THAT IS PROBABLY SOMETHING THAT OTHER THAN TABLING IT, I WOULD WANT TO GET A SECOND OPINION FROM, FROM OUR FORMER LAW DIRECTORS. THAT'S WHY I I, YEAH, I WOULD GET, I WOULD WANT AN OPINION FROM THE LAW DIRECTOR ON THAT, OR AT THE VERY LEAST FOR A CITY PLANNER. SO LET ME MAKE SURE I'M GOING. SO I AM GOING, I WOULD SUGGEST NOT TO INTERRUPT MM-HMM . I KNOW, YOU KNOW, TABLING NEEDS ANOTHER NOT, BUT THAT'S IN THIS SITUATION, I, I AGREE WITH PAUL. WHAT THAT'S WORTH. UH, IT SHOULD BE TABLED. IN THE MEANTIME, WAYNE HOLMES GETS THAT WRITTEN SWORN OR ASKS BUYER TO BE THE MEETING TO SPEAK HIS BOARD. AND I WILL ALSO CHECK AND SEE WHETHER GALLEYS ARE OF A CONDITIONAL VARIANCE BASED ON A WRITTEN AGREEMENT FROM THE BUYER THAT THEY ACCEPT THE VARIANCE. NOW I NEED TO MAKE SURE I'M HERE. YES MA'AM. UM, THE PEOPLE THAT ARE LOOKING AT THE PROPERTY NOW, THEY KNOW ABOUT THIS VARIANCE. CORRECT. BUT IF THEY DO NOT, IF THEY DO NOT GO THROUGH WITH THAT SALE AND THEN YOU TRY TO SELL IT TO SOMEBODY ELSE, MY BIGGEST ISSUE IS I WANNA MAKE SURE THAT THEY KNOW WHAT'S REALLY GOING ON WITH THAT PROPERTY. AND LIKE WE SAID, IF YOU COULD ATTACH SOMETHING TO THE DEED OR WHATEVER. SO THEY JUST KNOW THAT THEY'RE NOT COMING IN BLIND BUYING A PROPERTY AND NOT KNOWING WHAT'S GOING ON. WELL, VARIANCE IS TIED TO PROPERTY FOR LIFE. OKAY. YEAH. YES. YEAH. SO, BUT WE [00:45:01] JUST NEED TO MAKE SURE THAT WHOEVER IS PURCHASING THE PROPERTY, THAT THEY KNOW WHAT'S GOING ON WITH THE PROPERTY THAT WOULD COME UP WITH A TITLE SEARCH. I DUNNO, I DON'T KNOW. WELL, LET'S, LET'S GO. WE, WE HAVE THOSE ON THE FLOOR. MM-HMM . WANTS TO TABLE, TABLE. SO WE NEED, WE NEED THE FIRST AND SECOND THAT, I'LL SECOND THAT. LET'S MOVE A SECOND THAT THIS CASE WE TABLE FOURTH TO NEXT MONTH. IT'LL BE NEXT BOARD BE NOVEMBER 11TH, 12TH. I'M SORRY. UH, IS THERE ANY QUESTION ON THE MOTION? I'LL JUST MAKE YOU AWARE AGAIN, I WAS BE AT THAT MEETING. SO NO QUESTIONS ON WILL YOU BE ABLE TO GET THAT, UM, APPROVAL FROM DR SOMETHING IN WRITING OR HAVE THEM APPEAR HERE BY THEN? YEAH, WE WILL SPEAK WITH THEM. WE, YEAH, WE NEED TO HAVE A CONVERSATION WITH THEM. AND, AND JUST TO REITERATE TOO, LIKE THEY ARE NOT THE, WE'RE NOT CURRENTLY CONTRACTED WITH THEM. WE BOTH, WE ARE NOT CURRENTLY IN CONTRACT. SO THEY'RE NOT TECHNICALLY CURRENTLY THE BUYER OF THAT ALL. BRIAN, IF YOU CONVERSATION, IF YOU BRING US SO TO SEE THAT'S NOTARIZED. OKAY. VERY GOOD. SO, SO THIS, THIS IS PART OF THE CONCERN AND, AND I I WANT TO BE CLEAR THAT IS FROM MY PERSPECTIVE, THE CONCERN IS WE'RE TRYING TO DO JUSTICE FOR THE COMMUNITY. AND THE QUESTION IS, IS JUSTICE SERVED AND, AND THE UNDUE BURDEN QUESTION, OKAY, SO THE QUESTION IS, IS IT AN UNDUE BURDEN FOR THE BUYER OR IS IT AN UNDUE BURDEN FOR THE, THE BUILDING? AND I'M FAR LESS CONCERNED ABOUT BEING AN UNDUE BURDEN FOR KILLER 'CAUSE OF THE SIZE OF THE BILL. I'M MUCH MORE UPEND CITIZEN. IF THE CITIZEN IS WILLING TO RUN INTO THIS AND ACCEPT IT, I'M MUCH, MUCH BETTER WITH THE SITUATION. SO LET'S, LET'S PROCEED ALL WITH THE VOTE, YOU KNOW, BECAUSE WE CAN BE HERE BEING DIALOGUE, DEBATE ALL NIGHT, ALL THAT. SO LET'S SEE WITH THE VOTE, UH, WE HAVE A MOTION THAT WE TABLE THIS. WE HAVE A MOTION THAT THIS BE TABLED TO NOVEMBER THE 12TH, WHEREAS THE, THE PROPERTY DEALER WILL COME BACK WITH SOME TYPE OF DOCUMENTATION AND UH, AND IF THERE IS A BUYER ON THAT, THAT BUYER, THIS DOCUMENTATION IS NOTARIZED THAT THEY ARE AWARE OF THE SITUATION OF PROPERTY. IS THAT CORRECT? THAT'S WHAT WE ASKING FOR. SO SECRETARY, CAN YOU PLEASE TAKE A VOTE? DO YOU HAVE A QUESTION? DON'T WANT OVERSTEP THAT YOU, YOU WERE ALSO SPEAKING OF QUESTIONS ON THE FIRE COAT. ANY FURTHER NEED FROM US ON THE FIRE COAT PART OF IT? I WILL HAVE A DISCUSSION WITH FIRE DEPARTMENT MYSELF, SEE WHAT, IF ANYTHING, THEY WOULD . 'CAUSE THEIR RESIDENTIAL INSPECTIONS ARE VIRTUALLY NON EXIST. THEY DON'T, THEY REALLY DON'T HAVE JURISDICTION, BUT I'M SURE THEY HAVE ANY TO TALK TO THE FIRE INSPECTORS AND IF THERE'S ANYTHING YOU SUGGEST, THEY SUGGEST YOU PROVIDE VOLUNT. THANK YOU. YOU'RE WELCOME. SO KEEP COMMUNICATING WITH, UH, WHAT'S POSSIBLE MR. IF THERE'S NO OTHER QUESTIONS ON THIS MATTER. SECRETARY, PLEASE TAKE NOTE. GO AGAIN. THE TABLE, THE CASE. TAKE THE CASE. MR. MOCK. YES. MR. CHAFER? YES. YES. MS. ALLEN? YES. MS. NEWBIE? YES. SO THIS CASE WILL BE TAPD UNTIL NOVEMBER THE 12TH. OKAY. ALL RIGHT. THE NEXT CASE IS, UM, PCA CASE 25 0 8 APPLICANT, DAWN DAN CHAP IS FROM SECTION 11 81 0 4 DIS LOCATED 6,700 DOW DRIVE. YES, MA'AM. UH, THE, THE PROPERTY IN QUESTION IS ZONED OUR FOUR SINGLE FAMILY RESIDENTIAL AS ALL SURROUNDING PROPERTIES ARE THE APPLICANT'S RESTING OF VARIANCE TO ALLOW CONSTRUCTION OF CARPORT IN A FRONT YARD AS PICTURED IN YOUR AERIAL VIEW. THIS IS A CORNER LOT AND AS THIS BOARD IS AWARE, CORNER LOT IS SET TO FRONTAGES. THE MAIN FRONT BEING ON VAL DRIVE THE SECONDARY FRONT ON LOCUS STREET DRIVE, THE PROPOSED CARPORT WILL BE LOCATED ON LOCUST VIEW, A 22 AND A HALF FEET LONG, 14 FEET WIDE. THE APPLICANT'S MEASUREMENT PLACES AT 13 FEET BEHIND THE LOCUST VIEW DRIVE SIDEWALK AND BEHIND THE PRIVATE FENCE SECTION 11 81 0 4 OF [00:50:01] THE ZONE CODE STATES A CARPORT MAY EXTEND UP TO 16 FEET INTO ANY SIDE OR REAR YARD FROM THE BUILDING, BUT SHALL MAINTAIN A MINIMUM OF THREE FOOT SETBACK OF A SIDE LOCK AND 10 FEET FROM A REAR LOCK LINE. IN ANY CASE, THE CARPORT SHALL NOT BE CONSTRUCTED CLOSER THAN 25 FEET FROM ANY THOROUGHFARE ROAD OR STREET. IN THIS CASE, A SIDE LOT LINE WOULD NOT COME INTO PLAY BECAUSE OF THE SECOND FRONT. IT'S JUST A SIDE NOTE. AS A RESULT OF THE CODE RESTRICTIONS FOR A POWERPORT LOCATION, THE CODE WILL REQUIRE VARIANCE TO MOVE FORWARD WITH THE PROJECT AS PLANNED CITY STAFF HAS NO OBJECTION TO THE GRANTING OF THE VARIANCE ADJACENT TO PROPERTIES WERE NOTIFIED OF THE VARIANCE REQUEST AND NO OBJECTIONS HAVE BEEN RECEIVED BY THE CITY. STAFF. ANALYSIS IS AS FOLLOWS, A PARCEL IS APPROXIMATELY 0.25 ACRES. THERE ARE NO CITY UTILITIES IN PLAY. THE STRUCTURE IS A CARPORT PLACED ON THE SOUTH SIDE OF THE HOUSE. THE ENGINEERING DEPARTMENT HAS NO CONCERN ABOUT THIS REQUEST. I'LL ANSWER ANY QUESTIONS. I CAN'T. WE HAVE ANY QUESTIONS FOR THAT? THIS IS A CASE BECAUSE OF THE TWO ROAD FRONTAGES WERE SAYING THAT'S ALSO A FRONT YARD. IT IS A FRONT YARD. IT IS A SECONDARY MACULAR. YES, SIR. BECAUSE IT'S A QUARTER LOCK. YES SIR. AND THAT'S WHY THEY HAVE TO MAINTAIN, THAT'S IN SETBACK. YES. OKAY. JUST MAKING SURE I UNDERSTOOD CORRECTLY. YES. THANK YOU. KATE. DON, IS THIS GOING TO BE ON THE INSIDE OF A FENCE? YES, MA'AM. OKAY. AS I READ THE, AS I READ THE PROJECT, GO AHEAD. DO WE HAVE ANYONE HERE, UM, THAT WOULD LIKE TO SPEAK ON BEHALF OF THIS PROPERTY? UH, DAN CHAPMAN. I'M THE OWNER. UH, D-A-N-C-H-A-P-M-E-N. UM, I JUST WANT TO GET THE, OUT OF THE SUN. THAT SUN BEATS DOWN ON THE SIDE OF THE HOUSE THERE. WANT TO, I CAN'T REALLY PUT A GARAGE THERE, SO I THOUGHT MAYBE A CARPORT WOULD BE A BIT UPDATE. UM, IT'LL BE APPROXIMATELY FOUR FOOT BACK ON THE INSIDE OF THAT FENCE. SO I WON'T EVEN BE UP AGAINST THE FENCE BECAUSE ONE OF THE STIPULATIONS FOR OUR CARPORT IS BE PERMANENTLY OPEN ON TWO SIDES. IN THIS CASE THAT WILL BE THE CASE. YEAH. SO THIS WOULD BE MORE LIKE A PATIO, A COVER WOULD BE WITH SOME YES. AND A TOP YES. DECORATIVE POST PROBABLY. YES. CORRECT. OKAY. THAT'S ALL I GOT. NO QUESTIONS? NO OTHER QUESTIONS. THERE'S NO OTHER QUESTION. I'LL CLOSE THE CASE, THESE VARIANCE. OKAY. WHETHER PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY, BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE BURNS MATTER. SECRETARY. MR. SHAER? YES. MS. BALLARD? YES. MR. MA? YES. MS. NEWBIE? YES. WHETHER THE VARIANCE IS SUBSTANTIAL, MS. BALLARD? NO. MR. MA? NO. MR. SCHAFFER? NO. MS. NEWBIE? NO. WHETHER THE THE CERTAIN CHARACTERISTICS OF NEIGHBORHOOD WOULD BE SUBSTANTIAL, ALTERED, OR WHETHER THE JURY PROPERTIES WILL SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE? MR. SHAFFER? NO. MS. BALLARD? NO. MR. MOCK? NO. MS. NEWY NO. WHETHER THE VARIANCE WOULD LY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE OR GOD. WHICH REMOVAL IT? MS. BALLARD? NO. MR. MO? NO. MR. SCHAFER? NO. MS. NEWBIE? NO. WHEN THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE NOT OF THE ZONING RESTRICTION, MR. MO? YES. MR. SCHAFER? YES. MS. BALLARD? YES. MS. NEWBIE? YES. WHERE THE PROPERTY OWNERS' PREDICAMENT FEASTLY CAN BE AVERTED THROUGH SOME OTHER METHOD OTHER THAN THE VARIANCE. MR. SCHAEFFER? NO. MS. BALLARD? NO. MR. MOCK? NO. MS. NEWBIE NO. WHERE THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENTS WOULD BE OBSERVED OR SUBSTANTIAL JUSTICE DONE BY GRANT VARIANCE. MR. SPELLER? YES. MR. MA? YES. MR. JABER? YES. MS. NEWBIE? YES. MAY I HAVE A MOTION TO APPROVE THIS VARIANCE? I MOVE THAT WE APPROVE BCA CASE 25 0 8. I'LL SECOND IT. IT'S BEEN MOVED. AND SECOND [00:55:01] THAT THIS VARIANCE BE APPROVED. IS THERE ANY QUESTION ON THE MOTION? NO QUESTIONS ON THE MOTION MATTER. SECRETARY, WILL YOU CALL THE FOR VOTE, PLEASE? MR. MOCK? YES. MR. SCHAFFER? YES. MS. BALLARD? YES. MR. NEWBIE? YES. ZEBRA NEW VARIANCE HAS BEEN APPROVED. CAN YOU PLEASE SEE WHAT THE CITY SEE? THERE'S ANY ADDITIONAL INFORMATION OF THINGS SHE MIGHT NEED TO DO? THANK YOU. ALRIGHT. ADDITIONAL BUSINESS. I SEE NONE ADDITIONAL BUSINESS FOR THIS COURT AS STATED IN THE, UM, UPCOMING MEETINGS IS NOVEMBER THE 12TH AND THAT, AND I JUST WANNA MAKE SURE THAT MEETING WILL STILL BE HERE IN, UM, THE OLD IN THIS BUILDING. OKAY. AND MR. SCHAFER, WE KNOW YOU WON'T BE HERE. OKAY. AND DECEMBER 3RD AND I'LL LET YOU KNOW WHERE THAT MEETING'S GONNA BE. IF THERE ARE NO OBJECTIONS, MAY I CALL FOR ADJOURN? I MOVE TO ADJOURN. YES. MOVE A SECOND. THAT ADJOURN THIS MEETING. THANK YOU EVERYONE. THANK YOU. UM, RESIDENT. * 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.