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[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road November 12, 2025 6:00 P.M.]
I WILL CALL THE MEETING TO ORDER.I SHOULD CALL THE MEETING OF THE CITY OF EBRA HEIGHTS BOARD OF ZONING APPEALS TO ORDER.
MAD SECRETARY, WILL YOU PLEASE CALL US A ROLE, MS. F BALLARD.
AND BOTH MS. BALLARD AND MR. SCHAFER'S.
WE HAVE ONE SET OF MINUTES FROM THE OCTOBER 1ST, 2025 MEETING.
IF THERE ARE ANY COMMENTS, CORRECTIONS TO BE MADE TO THESE MINUTES.
SPEECH PLEASE SPEAK AT THIS TIME SEEING, NO HEARING, NO COMMENTS OR CORRECTION.
THOSE MINUTES WILL STAND AND APPROVE.
MAY I HAVE A MOTION TO APPROVE THE AGENDA? I'LL MAKE A MOTION TO APPROVE THE AGENDA FOR TONIGHT.
AND SECOND THAT THE AGENDA FOR NOVEMBER 12TH, 2025 IS APPROVED.
IN ACCORDANCE WITH THE RULES OF THE ZONING BOARD, ZONING BOARD OF 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 ASK EVERYONE TO STAND, RAISE THEIR RIGHT HAND AND RESPOND.
I DUE TO THE FOLLOWING OATH, DO YOU HEREBY SWEAR OR AFFIRM ON THE TRUST 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 AND THE STAFF REPORT, PLEASE STEP TO THE PODIUM.
STATE YOUR NAME AND SPELL YOUR NAME FOR THE RECORD AND PLACE YOUR NAME.
WE WILL PROCEED NOW WITH THE OLD BUSINESS BZA CASE 25 0 7.
THE APPLICANT NVR RIDE HOME IS REQUESTING A VARIANCE FROM CA RIDGE TRAIL DEVELOPMENT AGREEMENT OF FIVE FEET MINIMUM SIDE YARD SETBACK.
PROPERTY IS LOCATED IS 35 0 5 ARROWWOOD STREET.
DON, WILL YOU GIVE A REPORT? YEAH.
GOOD EVENING EVERYBODY ON THE BOARD.
UH, SINCE THE, UH, STAFFORD REPORT WAS READ INTO THE RECORD IN A PRIOR MEETING, UH, THERE'S NO REASON TO REREAD IT.
HOWEVER, YOU MAY WANT TO ENGAGE WITH MS. BRIAN HOCKETT.
BRIAN HUBS AS SAY HAS UPDATES FOR THE BOARD, I BELIEVE.
TO POLL IN? UM, STATE YOUR NAME AND SPELL IT FOR THE RECORD.
UM, THANK YOU ALL FOR TAKING TIME TO ALLOW US TO COME SPEAK WITH YOU TONIGHT.
UM, FOLLOWING UP FROM OUR PREVIOUS MEETING, WE WERE TABLED AT OUR LAST MEETING.
AS DON STATED, UM, WE WERE COMING TO YOU SEEKING A VARIANCE APPROVAL AS WE DID HAVE A HOME THAT WAS BUILT OVER THE SIDE YARD SETBACK IN CARRIAGE TRAILS.
WE HAVE ON EACH INDIVIDUAL LOT A FIVE YARDS OR FIVE, UH, FEET SETBACK ON EACH HOME, WHICH WOULD GIVE US A 10 FEET, UH, BETWEEN THE HOUSES OVERALL.
UNFORTUNATELY, WE HAD A HOME THAT'S LOCATED OVER THAT SIZE SETBACK, SO THAT'S WHAT PROMPTED US TO COME SPEAK WITH YOU.
UM, IN THAT LAST MEETING, IN THAT LAST MEETING, THERE WERE A COUPLE THINGS THAT WERE BROUGHT, UM, TO OUR ATTENTION THAT WERE CONDITIONS THAT YOU WOULD LIKE FOR US TO, UM, MEET IN ORDER TO ACHIEVE APPROVAL OF THAT VARIANCE.
I HAD PROVIDED, UM, THE DOCUMENT THAT I BROUGHT IN THIS EVENING, UM, THAT I GAVE, UH, JERRY A COPY OF, I BELIEVE EACH OF YOU HAVE.
BUT THIS IS HOW WE PLAN TO ADDRESS EACH OF THOSE ITEMS THAT WERE DISCUSSED IN THE PREVIOUS MEETING.
SO THERE ARE REALLY TWO THINGS THAT WE WERE BEING ASKED, UM, TO ACHIEVE IN ORDER TO ACHIEVE TO MEET THIS VARIANCE.
THE FIRST WAS THE CONCERN WAS THE BUYER.
THE, THEY WANTED FOR THE BUYER TO HAVE KNOWLEDGE, HAVE A DOCUMENT, HAVE IT SIGNED, UM, STATING THAT THE BUYER UNDERSTOOD, UM, THAT THERE'S A VARIANCE ON THAT LOT.
SO ON THE SECOND PAGE OF THIS DOCUMENT, WHAT WE HAVE HERE IS THE PLOT PLAN THAT I SPOKE OF IN OUR LAST MEETING.
WE ADDED A NOTARY BLOCK TO THIS DOCUMENT.
WE ADDED VERBIAGE TO THE TOP OF THE DOCUMENT THAT STATES THAT THERE'S A VARIANCE ON THIS HOME SITE.
OUR INTENT, ONCE WE DO GET A BUYER FOR THIS LOT, THE BUYER WOULD SIGN THIS DOCUMENT.
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THIS DOCUMENT TO YOU HERE, UM, AT ZONING.THE CONTROL IN PLACE WOULD BE THAT WE WOULD NOT GET A CERTIFICATE OF ZONING FOR THAT HOME, UM, WITHOUT GETTING SIGNED AND SENT TO YOUR OFFICE HERE IN HUBER HEIGHTS.
WE NEED THAT CERTIFICATE OF ZONING IN ORDER TO GET A C OF O ON THE HOME, WHICH WOULD ALLOW THE HOMEOWNER TO CLOSE AND MOVE INTO THE HOME.
UM, WHEN WE LAST SPOKE, WE HAD A BUYER THAT WAS INTERESTED IN THE HOME SITE.
THAT BUYER HAS SINCE MOVED ON AND PURCHASED ANOTHER HOME WITH ANOTHER BUILDER.
SO WE CURRENTLY DO NOT HAVE A POTENTIAL CUSTOMER FOR THIS HOME AS WE SPEAK TODAY.
QUESTIONS ON THAT FIRST PIECE? SO LET ME MAKE SURE I'M UNDERSTAND WHAT YOU'RE SAYING.
THAT THIS DOCUMENT THAT IS NOTARIZED, THAT THIS WILL BE THE BUYER WILL SIGN THIS.
SO WHAT YOU ASKING THIS BOARD TO DO IS APPROVE WHATEVER IT IS PRIOR TO A BUYER SIGNING THIS INFORMATION.
SO I'M ASKING FOR APPROVAL ON THE CONDITION, UM, A CONDITIONAL VARIANCE APPROVAL THAT WHEN WE DO GET A BUYER INTERESTED IN THIS LOT, WE WILL HAVE THIS DOCUMENT SIGNED BY THAT BUYER PROVIDE THAT DOCUMENT TO YOU HERE SO THAT YOU HAVE THE SAME KNOWLEDGE THAT WE HAVE THAT THE BUYER HAS.
WE'VE EXPLAINED IT TO 'EM, THEY UNDERSTAND THERE'S A VARIANCE, THEY ACCEPT THE VARIANCE, THEY SIGN THIS AND WE PROVIDE THAT DOCUMENT TO YOU.
AND THEN THE INSPECTOR WILL NOT PERFORM A FINAL ZONING INSPECTION UNTIL WE'VE RECEIVED THAT DOCUMENT NOTARIZED AND UNTIL WE DO OUR FINAL ZONING INSPECTION.
AS HE MENTIONED, THEY CAN'T GET THE CERTIFICATE OF OCCUPANCY FROM THE COUNTY TO ACTUALLY HAVE SOMEONE OCCUPY THE PROPERTY.
ANY OTHER BOARD MEMBERS HAVE ANY QUESTIONS ON THAT FIRST QUESTION? NO.
UM, GOING BACK TO MY FIRST PAGE, I PROVIDED TO YOU THE SECOND ITEM THAT WE WERE ASKED TO ADDRESS.
THERE WAS CONCERNS ABOUT POTENTIAL FIRE CODE ISSUES WITH THE HOME THAT IS BUILT OVER THE SIDE SETBACK.
WE HAD TALKED TO MONTGOMERY COUNTY.
UM, WE WORKED WITH AN ENGINEER.
WE GOT AN ENGINEER DRAWING, WHICH IS PROVIDED ON THE SECOND PAGE THAT LOOKS LIKE SUCH THAT EXPLAINS WHAT WE ARE GOING TO DO ON THE INSIDE AND OUTSIDE OF THAT HOME.
MONTGOMERY COUNTY ASKED US OR REQUIRED US TO ACHIEVE A ONE ONE HOUR FIRE RATED WALL ON THAT HOME THAT IS OVER THE SIDE SETBACK.
UM, THE DETAIL THERE HAS A LOT OF VERBIAGE ON IT, BUT A SHORT EXPLANATION OF WHAT'S GOING TO HAPPEN INSIDE THAT HOME.
WE WILL REMOVE ALL OF THE DRYWALL ON THAT SIDE.
THAT'S OVER, THAT'S ALREADY BEEN DONE.
THAT DRYWALL WILL HAVE TO BE REPLACED WITH A TYPE X FIRE RATED DRYWALL THAT WILL GO ON THAT WALL ON THE INSIDE AND IT WILL EXTEND ALL THE WAY UP IN THE GABLE ALL THE WAY UP TO THE PEAK OF THE ROOF LINE.
AND THEN IN THE BASEMENT, THAT TYPE X DRYWALL WILL ALSO BE APPLIED TO THE BAND BOARD, UM, ON THE, UH, IN THE BASEMENT AS WELL.
ON THE OUTSIDE OF THE HOME, WE HAVE TO TAKE THAT SAME FIVE X FIVE EIGHTS TYPE X DRYWALL MATERIAL.
UM, THAT'S A EXTERIOR PRODUCT.
APPLY THAT TO THE OUTSIDE OF THE HOME, UM, TO GIVE US THAT ONE HOUR FIRE, FIRE RATING AND THEN PUT THE STRUCTURE ALL BACK TOGETHER.
SO WE GOT THAT DRAWING MADE BY ENGINEER.
UM, IT'S STAMPED DRAWING, THAT'S WHAT'S IN THE DOCUMENT HERE.
WE PROVIDED THAT TO MONTGOMERY COUNTY.
MONTGOMERY COUNTY GAVE US THE APPROVAL, SAID THAT IS WHAT THEY'D LIKE TO SEE.
WE HAVE STARTED, WE HAVE TORN OUT THE INSIDE OF THE HOME.
UM, WE ARE GONNA WORK TO PUT THAT BACK THIS WEEK AND THEN NEXT WEEK START WORKING ON THE OUTSIDE OF THE HOME.
IN MY DOCUMENT HERE TOO, WE'VE ALSO CONTACTED THE HOMEOWNER NEXT DOOR.
IN THE LAST TIME I SPOKE TO YOU ALL, WE TALKED ABOUT, I TALKED ABOUT THE FACT THAT WE MADE SURE BOTH THE RESIDENTS BESIDE US, UM, INVOLVED, WE'RE AWARE OF WHAT'S GOING ON.
WE AGAIN WENT BACK AND JUST SAID, HEY, WANTED TO LET YOU KNOW YOU'RE GONNA SEE US START TO TAKING APART THE HOME NEXT DOOR ON THE OUTSIDE.
AND THIS IS WHY WE EXPLAINED WHAT THAT FIRE RATING IS, WHAT WE'RE DOING AND HOW THAT IN PROTECTS THEM IN TURN.
SO THAT'S THE SECOND PIECE THAT WE WERE ASKED TO ADDRESS AND THAT'S OUR PLAN FOR HOW WE'RE GONNA ADDRESS IT.
QUESTIONS ON THAT POINT? ANY QUESTIONS ON THAT? BOARD MEMBERS? OKAY.
I DON'T HAVE ANY QUESTIONS ON THAT PART.
AND THEN ON THE FINAL PAGE THAT I PROVIDED WAS JUST A RECAP FROM OUR PREVIOUS MEETING, UM, FROM KEN CONWAY, THE DEVELOPER WHERE WE HAD PUT IN PLACE MOVING FORWARD IN THE CARRIAGE TRAILS DEVELOPMENT AND IN HUBER HEIGHTS,
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WE WILL PROVIDE A CERTIFICATION FROM OUR ENGINEER WHERE THEY WILL GO OUT, THEY WILL LOOK AT THE FOUNDATION, THEY WILL CERTIFY, PROVIDE US A LETTER THAT THAT FOUNDATION IS LOCATED WHERE IT'S SUPPOSED TO BE ON THE LOT PRIOR TO US PROCEEDING ON WITH CONSTRUCTION.AND THAT'S HOW WE CONTROL THIS FROM, FOR FUTURE, UH, HOMES BUILT WITHIN THE COMMUNITY.
SO THAT WAS JUST A RECAP FROM OUR PREVIOUS MEETING.
ANYTHING FURTHER? QUESTIONS, CONCERNS? BOARD? DO YOU ALL HAVE ANY? NO, THANK YOU.
IS THERE ANYONE ELSE THAT WISHES TO SPEAK ON THIS CASE? HELLO.
UM, IT WAS REALLY NICE TO HEAR THAT.
UM, WHAT WAS, UH, REQUESTED SEEMS LIKE, UH, I MEAN I HAVEN'T SEEN ANYTHING, BUT I KNOW THAT YOU GUYS WILL, THAT EVERYTHING IS, UH, GONNA BE HANDLED WITH THE PROPERTY OWNER.
UM, WHOEVER OWNS THAT HOME IS, IS GOING TO KNOW THE VARIANCE AND THAT WE ARE MAKING SURE THAT, UH, WE'RE PROTECTING THEM FROM FIRE.
IS IT, IS IT FIVE FOOT OR IS IT, DOES IT HAVE TO BE FIVE FOOT ON EACH SIDE OR DOES IT HAVE TO BE 10 FEET TOTAL? IT HAS TO BE FIVE FOOT MINIMUM FROM THE PROPERTY LINE FOR ANY HOUSE BUILT IN CARRIAGE TRAILS, IT COULD BE GREATER THAN FIVE FEET.
BUT IT HAS TO BE A MINIMUM OF FIVE FEET.
I JUST WANTED TO MAKE SURE 'CAUSE I DIDN'T KNOW IF IT WAS LIKE AN EITHER OR TYPE THING.
LIKE ONE PERSON HAS FOUR OR THE OTHER ONE HAS SIX.
NO, NO MINIMUM FIVE FOOT ON BOTH SIDE PROPERTY LINE SIDE BACKS FOR ANY HOUSE BUILDING CHARACTERS.
UM, I NOTICED THAT THE MEMORANDUM THAT, UH, DAWN HAD WROTE UP WAS ON JULY 28TH.
UH, IN REFERENCE TO THIS, I KNOW THAT THE HOUSE NEXT DOOR AT UH, 35 11 SOLD, UM, PRETTY MUCH ONE MONTH ALMOST EXACTLY LATER.
SO I'M NOT SURE WHEN HUBER HEIGHTS ZONING ACTUALLY REALIZED THAT THERE WAS A PROBLEM.
'CAUSE THAT WAS TALKED ABOUT THE LAST TIME.
IT WASN'T RYAN, IT WAS HUBER HEIGHTS THAT THOUGHT LIKE, HEY, THE HOUSES ARE TOO CLOSE.
UM, SO IF THAT WAS, IF THEY STARTED THE CONTRACT ON JUNE 17TH, WHICH IS WHAT RECORDS SHOW, AND THEN JUST A MONTH AND 12 DAYS LATER HUBER HEIGHTS WAS NOTIFYING RYAN LIKE, HEY, THERE'S, THERE'S AN ISSUE WITH HOW CLOSE THESE HOUSES ARE.
WHY THAT WE WERE ONLY A MONTH AND 12 DAYS IN THAT HOUSE WAS NOT COMPLETE.
THEN WHY DID WE COMPLETE THIS HOUSE KNOWING THAT WE WEREN'T IN COMPLIANCE? UM, AND WHEN WE CONTINUE TO BUILD AND WE DON'T STOP THE CONSTRUCTION KNOWING THAT THEN YOU KNOW, WE KNOW THAT WE HAVE A SIGNIFICANT VIOLATION.
UH, THE APPROVAL OF THIS IS GOING TO SET A PRECEDENCE FOR AFTER THE FACT VARIANCES.
MA'AM? NO, THIS BOARD DOES NOT SET PRECEDENTS PRECEDENT.
EACH, EACH CASE IS, UH, WEIGHED ON ITS OWN MERITS.
THE BOARD OF ZONING APPEALS DOES NOT ISSUE PRECEDENTS.
WELL WHAT WE DO FOR A DEVELOPMENT NOW WITH AN AFTER THE FACT VARIANCE APPROVAL, SOMEBODY, ANOTHER DEVELOPER CAN COME AND DO THAT AS WELL AND SAY, WELL, HEY, YOU GAVE NVR THE APPROVAL WE MESSED UP TOO.
EACH CHASE THE STONE ON THE FASHION THAT CHASE ITSELF AND IT'S NOT A RELEVANT FACTOR TO WHETHER THOSE VARIANCE WILL BE APPROVED OR APPLICABLE LAW.
WELL THE, THIS IS PUBLIC COMMENT, CORRECT? LIKE TO WHERE I CAN ISSUE A COMMENT.
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JUST STEERING YOU TOWARDS, TOWARDS THE, THE CASE RELEVANT FACTORS RELEVANCE OF THIS VARIANCE AND THE VARIANCE THAT WE HAVE TO LOOK AT AS A COMMITTEE, AS A BOARD ON THAT PART OF IT.SO, UH, THE REASONS TO APPROVE A VARIANCE IS UNNECESSARY HARDSHIP DUE TO CIRCUMSTANCES SPECIFIC TO THE PROPERTY AND NOT CAUSED BY THEMSELVES.
NEED I SAY MORE, UH, THE HARDSHIP CANNOT BE AS RESULT OF NV R'S OWN ACTIONS.
THIS WAS KNOWN, LIKE I SAID, AT LEAST SINCE JULY.
DID THEY FINISH THE HOUSE PRIOR TO ASKING? UH, UH, YOU SHOULD APPROVE A VARIANCE WHEN THE APPLICANT DEMONSTRATES THAT A LITERAL ENFORCEMENT OF THE ZONING WHICH RE WOULD RESULT UNNECESSARY HARDSHIP OR PRACTICAL DIFFICULTIES DUE TO THE UNIQUE PHYSICAL CONDITIONS OF THIS SPECI SPECIFIC PROPERTY.
AND IF YOU GO BACK AND YOU LOOK THAT LOT SIZE IS THE SAME LOT SIZE AS THE OTHER ONES SURROUNDING IT.
SO THIS WASN'T A HARDSHIP, IT WAS THE CITY ZONING OR ANYTHING.
THIS, THIS WAS ALL JUST TO CLARIFY, THE APPLICABLE TEST FOR THIS IS PRACTICAL DIFFICULTIES IS NOT UNNECESSARY HARDSHIP.
ARE YOU HERE? 'CAUSE YOU KNEW THAT I WAS GOING, GOING TO BE HERE.
DID THEY REQUEST YOU TO BE HERE FOR THAT? I'M HERE 'CAUSE I REPRESENT THE CITY.
I KNOW, I WAS JUST, I WAS JUST ASKING A POINT BLANK QUESTION.
I'M HERE 'CAUSE I WORKED IN THE CITY.
SO MA'AM, CAN I ASK WHAT IS, OH, EXCUSE ME.
WHAT IS THE POINT THAT YOU ARE TRYING TO RELAY TO THIS BOARD THAT HAS TO MAKE A VOTE ON THIS? UM, THERE'S THINGS THAT'S BEYOND THE BOARD'S.
HOW CAN I SAY THIS TO BE APPROPRIATE BEYOND OUR REACH TO BE ABLE TO DO MM-HMM
SO WHAT, WHAT IS, WHAT IS THE POINT, UH, YOU WERE TRYING TO RELAY TO THIS BOARD? THE POINT THAT I'M TRYING TO MAKE IS THAT THIS WAS KNOWN BEFORE THE HOUSE WAS FINISHED.
IT WAS KNOWN THAT WE VIOLATED THE ZONING HERE.
THE HOUSE WAS STILL FINISHED AND THEN HERE NOW IT'S AFTER THE FACT THAT WE'RE, THAT THEY'RE ASKING FOR A VARIANCE AND THE VARIANCE IS BEING REQUESTED OVER A HARDSHIP THAT THEY CREATED.
THAT'S MAINLY WHAT I'M TRYING TO SAY.
ANYONE ELSE, ANYONE ELSE WANNA SPEAK ON THIS CASE? SEEING NO ONE ELSE WANT TO SPEAK ON THIS CASE? I AM GOING TO CLOSE THE CASE AND READ THE VARIANCE.
AND FOR THOSE THAT THIS IS YOUR FIRST TIME ATTENDING A ZONING, A MEETING, EACH VARIANCE THAT WE READ, WE HAVE TO VOTE ON EACH INDIVIDUAL VARIANCE ON THAT.
SO I JUST WANT TO MAKE IT BE CLEAR.
SO I'M FINNA CLOSE THE CASE AND WE WILL START READING THE VARIANCES AND MATTER.
UH, SECRETARY, UM, YOU WILL TAKE THE ROLE AFTER EACH VARIANCE.
THE FIRST VARIANCE ON THIS CASE FOR BZ BZA CASE 25 0 7.
THE FIRST VARIANCE IS WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT VARI VARIANCE.
MADAM SECRETARY, PLEASE TAKE THE ROLE.
WHETHER VARIANCE IS SUBSTANTIAL MR. MOCK? NO.
WHETHER ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIAL ALTER WHETHER ADJOURNING PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHETHER VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL.
RATHER, THE PROPERTY OWNER, WHICH YOU DON'T HAVE ONE, PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS.
WHERE THE PROP OWNER, WHICH WOULD BE THE, THE PEOPLE THAT'S BUILDING IT RIGHT NOW? UH, OWNER PREDICAMENT FEASIBLY CAN'T BE AVERTED THROUGH SOME
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OTHER METHOD OTHER THAN THE VARIANCE.WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WILL BE OBSERVED FROM SUBSTANTIAL JUSTICE DONE BY GRADING THE VARIANCE.
CAN I, MAY I HAVE A MOTION TO APPROVE THE VARIANCE? I MOVE THAT WE APPROVE THE VARIANCE ON BZA CASE 2 5 0 7.
CAN I HAVE A SECOND? I'LL SECOND IT.
AND SECOND, THAT THE VARIANCE FOR BZ BZ A BZA CASE 25 0 7 BE APPROVED OR THERE WAS ANY QUESTIONS ON THE MOTION? THERE IS NO QUESTIONS ON THE MOTION.
MADAM SECRETARY, WOULD YOU CALL FOR A VOTE? MR. DEAN? YES.
VARIANCE APPROVED? THREE TO ZERO.
UM, INDIVIDUAL NEED TO SEE THE CITY FOR ANY ADDITIONAL INFORMATION THAT NEEDS TO BE.
WITH THAT, WE'LL COMMUNICATE MA'AM.
WE'LL PROCEED TO THE N NEXT CASE.
THE NEXT CASE NEW BUSINESS IS BZ, BZA CASE 25 0 9.
THE APPLICANT KEVIN LANCE, IS REQUESTING A VARIANCE SECTION 1320 SWIMMING POOL FENCE.
PROPERTY IS LOCATED AT 77 0 4.
COULD YOU GIVE REPORT STAFF REPORTS? YES, MA'AM.
THE APPLICANT IS REQUESTING A VARIANCE TO SUBSTITUTE THE FIVE FOOT FENCE REQUIREMENT WHEN INSTALLING AN IN POOL.
THIS IS A RESIDENTIAL PROPERTY AS ALL THE SURROUNDING PROPERTIES ARE.
SECTION OF CODE IS 1329 SWIM POOL FENCING.
THE APPLICANT REQUESTING A VARIANCE OF A FIVE FOOT FENCE REQUIREMENT ON A PROPERTY WITH A SWIMMING POOL OF TWO FEET OR GREATER.
THE HOMEOWNER WISHES TO USE A MOTORIZED POOL COVER IN CONJUNCTION WITH AN EXISTING FOUR FOOT PERIMETER FENCE AS DESCRIBED.
THE HEAVY DUTY MESH POOL COVER IS MOTORIZED AND OPERATED WITH A PROGRAMMABLE KEYPAD.
ONE OF THE ZONING CODE STATES A SWIMMING POOL OR ANY OTHER TYPE OF POOL, WHICH HAS A DEPTH OF 24 INCHES OR MORE.
AT ANY POINT, INCLUDING BUT NOT LIMITED TO HOT TUBS OR SPAS, SHALL BE REQUIRED TO HAVE A FENCE OR WALL OF ADEQUATE STRENGTH TO PREVENT UNCONTROLLED ACCESS BY CHILDREN OR UNAUTHORIZED PERSONS.
AND TO MEET THE FOLLOWING REQUIREMENTS REQUIREMENT A THE SWIMMING POOL OR THE ENTIRE REAR YARD OF THE PREMISES ON WHICH THE SWIM POOL IS LOCATED SHALL HAVE A FENCE OR WALL, NOT LESS THAN FIVE FEET IN HEIGHT, AND MAINTAINED IN GOOD CONDITION WITH A GATE AND LOCK.
THIS FENCE CODE IS IN PLACE FOR THE PROTECTION OF THE PUBLIC.
AS A SWIMMING POOL IS CONSIDERED AN ATTRACTIVE NUISANCE.
THE PROPERTY OWNER BEARS ALL RESPONSIBILITY TO SEE THE POOL AREA IS SECURED.
AS A RESULT OF THE CODE RESTRICTIONS, THE OWNER WILL REQUIRE VARIANCE TO MOVE FORWARD, BUT THE PROJECT IS PLANNED.
CITY STAFF HAS NO OBJECTION TO THE GRANTING OF THIS VARIANCE ADJACENT TO PROPERTIES WERE NOTIFIED OF THE VARIANCE REQUEST AND NO OBJECTIONS HAVE BEEN RECEIVED BY THE STATE STAFF.
ANALYSIS IS THE PARCEL IS APPROXIMATELY 0.34 ACRES.
THERE ARE NO CITY UTILITIES IN PLAY.
THE STRUCTURE IS AN END GROUND POOL, THREE, TWO FEET IN LENGTH BY 14 FEET IN WIDTH BY THREE TO SIX FEET IN DEPTH.
THE LOCATION OF THE POOL WILL BE THE SOUTH SIDE OF THE HOUSE, WHICH IS THE REAR YARD.
THE ENGINEERING DEPARTMENT HAS NO CONCERN ABOUT THIS REQUEST.
DO ANYONE, UH, ANY OF THE BOARD MEMBERS HAVE ANY QUESTIONS FOR, UH, THE STAFF? IS THERE ANYONE THAT WANTS TO SPEAK ON THIS FROM THE AUDIENCE? IF YOU DO, UM, PROCEED TO THE PODIUM, STATE YOUR NAME AND SPELL IT.
WHAT INFORMATION WOULD YOU LIKE TO SHARE WITH US, MR. UM, JUST SOME OF THE, UH, RESEARCH THAT I HAD DONE ABOUT THE POOL COVER.
UM, I DID FIND THAT, UH, SURROUNDING CITIES, UH, DID HAVE FOUR FOOT, UH, FENCES FOR AN IN-GROUND RESIDENTIAL
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POOL.UH, DAYTON VANDALIA TIP, CITY RIVERSIDE, EVEN AK ACRONYM COLUMBUS.
UM, I DID, UH, LOOK AT THE, UH, OHIO STATE CODE, UH, DATED 2015 AND BEYOND, UH, WHERE A COMPLIANCE SAFETY POOL COVER CANCER AS A SUBSTITUTE BARRIER, UH, PROVIDED IT MEETS A S TM F 34 6 STANDARD, WHICH IS AMERICAN SOCIETY FOR TESTING MATERIALS, WHICH THE POOL COVER, UH, I PLAN ON INSTALLING WOULD MEET THAT AS WELL.
UM, THE CITY OF VANDALIA, UM, THEIR ORDINANCE CODE ALSO, UH, THEY ACCEPTED A, UH, UH, AN F 1346 CODE MET, UH, POOL COVER.
UM, SO, UH, DAYTON ALSO, IT'S, UH, I KNOW WE'RE, I'M BUILDING IN, UH, PUTTING IT IN IN HUBER HEIGHTS, BUT I WAS JUST KIND OF CITING SOME OF THE OTHER SURROUNDING CITIES.
UM, IT'S NOT, UM, EXPLICITLY PROHIBITED IN, UH, DAYTON CODE.
UM, AND, UH, LIKE MY APPLICATION STATED, UM, I DO HAVE A FOUR FOOT METAL FENCE AROUND THE PROPERTY AND, UH, ALL THE GATE CAN BE LOCKED.
UM, AS OF A RECENT INFORMATION, UH, SOMEBODY RECOMMENDED I PUT, UH, MAGNETIC LOCKS ON THE TOP TO FURTHER PUT IT AWAY FROM, UM, A SMALL CHILD REACHING OUT, WHICH I WOULD DO AS WELL.
UM, AND, UM, SOME OF THE OTHER CODE THAT I HAD SEEN WAS, UH, WE DO HAVE ALARMS, UH, ON OUR HOUSE BECAUSE THAT'S ANOTHER ACCESS POINT TO GET TO, TO GO THROUGH THE HOUSE.
SO WE DO HAVE, UH, ALARMS ON ALL OF OUR DOORS GOING OUT TO THE HOUSE AND THEY LET US KNOW WHEN THEY'VE EVER BEEN OPEN.
UM, BUT THAT'S THE INFORMATION THAT I WANTED TO ADD.
DO ANY MEMBERS OF THE BOARD HAVE ANY QUESTIONS FOR YEAH, I DO.
UM, MR. LANCE, HOW, HOW IS THIS POOL COVER OPERATED? IS IT BY A REMOTE CONTROL? ARE THERE CONTROLS AT THE POOLSIDE? THE, UH, IT COULD BE.
IT'S WHEREVER I DECIDE TO PUT IT.
THERE, UH, THERE'S A, ONE OPTION IS A KEY LOCK, BUT I'M GONNA GO WITH THE, UH, HARDWIRED, NOT WIRELESS.
IT'LL BE HARDWIRED KEYPAD ENTRY.
IT'S A FOUR DIGIT PIN, SO I'M GONNA LOCATE THAT INSIDE MY HOUSE.
AND, UM, IT'S AN AUTOMATIC POOL COVER.
UM, THE SPECIFICATIONS, UM, WHICH I WAS RESEARCHING, THERE'S NO WAY THE, THE, THE TRACKS ARE MOUNTED UNDERNEATH THE LIP OF THE POOL.
SO THE MATERIAL GOES ALL THE WAY TO THE EDGE AND THEN THERE'S A TRACK UNDERNEATH IT, AND THERE'S NO WAY TO GET, UM, INSIDE THE WATER FROM THE EDGE OF THE POOL TO WHERE THE TRACKS ARE.
UM, SOME OF THE SPECIFICATIONS I SAW WAS, UM, 276 POUNDS, UH, WITHIN AN 18 INCH DIAMETER FOR 24 HOURS.
THAT'S THE MATERIAL AS IT SITS JUST IN, UP IN AIR.
WHEN IT'S IN ABOVE WATER OR SITTING AND THERE'S WATER UNDERNEATH IT, IT CAN TAKE 2000 POUNDS BECAUSE THE WATER HELPS TO DISTRIBUTE THE WEIGHT ON THE POOL COVER.
SO IT GOES ACROSS THE POOL AND IT LOCKS.
IF THERE IS, I DID CHECK IF WITH THE BUILDER, UM, THE POOL INSTALLER, IF THERE IS ELECTRICAL PROBLEM, LIKE I LOSE ELECTRICITY AND THE POOL COVER'S OPEN.
THERE'S A MANUAL WAY TO SHUT THE POOL COVER AND THEN IT WOULDN'T STAY LOCKED UNTIL YOU MANUALLY OPEN IT OR THE ELECTRICITY CAME BACK.
SO NOBODY GOING OVER THE FENCE COULD USE THIS MANUAL METHOD NO.
ANY OTHER QUESTIONS? SO JUST ONE QUESTION FROM ME, MR. LANCE.
SHY OF SOMEBODY COMING IN THERE WITH A BOWIE KNIFE OR SOMETHING TO SLICE THROUGH IT AND THEN USE YOUR POOL, WHICH THEN THAT'S A WHOLE NOTHER ISSUE.
THIS FABRIC IS FROM EVERYTHING.
I'M JUST SCANNING OVER THE DOCUMENT, BUT YOU'VE RESEARCHED IT.
THIS FABRIC IS VERY ROBUST, IT SOUNDS LIKE.
AND IT IS, UH, IT WILL BE THE WINTERIZED FABRIC, WHICH MAKES IT EVEN THICKER AND MORE INSULATED TO HELP, UH, CUT DOWN ON, UH, KEEPING THE WATER FROM GETTING COLD DURING THE WINTER.
SO IT'S BENEFICIAL IN TWO, TWO, AT LEAST TWO DIFFERENT WAYS.
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THAT'S ALL I HAVE THEN.I'M GOING TO CLOSE THIS CASE AND PROCEED WITH THE VARIANCE.
WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFICIARY USE OF THE PROPERTY WITHOUT THE VARIANCE.
MADAM SECRETARY, PLEASE CALL THE ROAD.
WHETHER VA THE VARIANCE IS SUBSTANTIAL.
WHETHER ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WILL BE SUBSTANTIAL ALTER WHETHER AJOUR PROPERTY WILL SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHETHER VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL? MR. DEEM NO.
WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION, MR. MOCK? NO.
WHETHER THE PROPERTY OWNERS PREDICT ME FEASIBLY BE, CAN AVERTED THROUGH, THROUGH SOME OTHER METHOD OTHER THAN A VARIANCE.
RATHER, THE SPIRIT INTENT BE BEHIND THE ZONING REQUIREMENTS WILL BE BE OBSERVED ON SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.
MAY I HAVE A MOTION TO APPROVE THE VARIANCE FOR BZA CASE 25 0 9.
UH, MADAM CHAIR, I MOVE THAT WE APPROVE THE BZA CASE 25 0 9.
AND SECOND, THAT THE VARIANCE FOR BZA CASE 25 0 9 BE APPROVED.
IS THERE ANY QUESTIONS ON THE MOTION? THERE IS NO QUESTIONS ON THE MOTION.
MADAM SECRETARY, WILL YOU PLEASE CALL THE ROLE MR. MOCK? YES.
ANY, ANY ADDITIONAL BUSINESS? THE 2026 SCHEDULE.
I EMAILED YOU THAT I DIDN'T PRINT YOU A COPY TODAY, SO, UM, I CAN EMAIL THAT AGAIN JUST TO BE SURE YOU HAVE IT.
NEXT UPCOMING MEETING IS DECEMBER 3RD AND JANUARY 7TH.
SO AT THIS POINT I DON'T HAVE ANY CASES FOR DECEMBER 3RD.
IF WE DO THE MEETING WILL STILL BE HERE AT THIS BUILDING AND, UM, WE'RE HOPING THE JANUARY MEETINGS WILL BE IN THE NEW BUILDING, BUT I'LL LET YOU KNOW.
IF THERE ARE NO OTHER QUESTIONS, CAN I HAVE A MOTION TO AD ADJOURN? I MAKE A MOTION THAT WE ADJOURN.
DO WE HAVE A SECOND ON THAT? DO WE HAVE STAY? I'LL SECOND THAT IT'S BEEN SECOND.
IT'S BEEN MOVE THAT WE ADJOURN THE MEETING FOR NIGHT.
THANK YOU EVERYONE FOR COMING IN.