* 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 6151 Brandt Pike January 7, 2026 6:00 P.M.] [00:00:04] I SHOULD CALL THE MEETING OF THE CITY OF HUBER HEIGHTS, BO BOARD OF ZONING APPEALS ORDER. WE WILL FOLLOW THE AGENDA AS WRITTEN FOR JANUARY 7TH, 2026, AND AFTER THE CALL, THE MEETING TO ORDER. THE NEXT IS ELECTION OF OFFICER. WE'LL TAKE ANY, UM, NOMINATIONS FOR CHAIR. THE FIRST ONE WE'LL TAKE ANY NOMINATION FOR CHAIR. I NOMINATE, UM, EVA NEWBIE. SECOND IT, AND MOVE AND SECOND, UH, NOMINATION FOR CHAIR EVA NEWBIE, VICE CHAIR. OKAY, HANG ON. OKAY. THAT'S OKAY. SO, SHEILA MOTION, I'M SORRY. AND PAUL SECONDED. ARE THERE ANY OTHER NOMINATIONS FOR CHAIR? ALL RIGHT, WE'RE GONNA GO AHEAD AND VOTE ON THAT FOR EVA. MS. NEWBIE, DO YOU ACCEPT THAT? I ACCEPT IT. OKAY. MS. BALLARD? YES. MR. MOCK? YES. MR. SCHAFFER? YES. MS. NEWBIE? YES. CONGRATULATIONS. SECOND IS VICE CHAIR. I WOULD LIKE TO DOMINATE, UH, ROBERT DEAN. SECOND, UH, SHEILA, ANY OTHER NOMINATIONS FOR VICE CHAIR? AND I'LL ACCEPT THAT NOMINATION ON BOB'S BEHALF. HE COULDN'T BE HERE THIS EVENING. UM, LET'S SEE. MS. BALLARD? YES. MR. MOCK? YES. MR. SCHAFFER? YES. MS. NEWBIE? YES. OKAY. SO THOSE TWO OFFICES FOR 2026 WILL BE MS. NEWBIE AND MR. DEAN. OKAY. MR. MR. MR. MAY, MR. MOCK, MOCK NEED TO SWEAR YOU IN? YEAH. OKAY. I'M GONNA READ YOUR OATH AND, OKAY. WHEN I SAY I, YOU STATE YOUR NAME AND I CAN YOU RAISE YOUR RIGHT HAND, PLEASE? I GREGORY MOCK, DO SOLEMNLY SWEAR OR AFFIRM SOLEMNLY SWEAR OR AFFIRM TO SUPPORT THE CONSTITUTION OF THE UNITED STATES, SUPPORT THE CONSTITUTION OF THE, THE CONSTITUTION OF THE STATE OF OHIO, THE CONSTITUTION OF THE STATE OF OHIO CHARTER AND ALL ORDINANCE OF THE CITY OF HUBBERT HEIGHT, THE CHARTER, AND ALL ORDINANCES OF THE CITY OF HOUSTON. AND THAT I WILL FAITHFULLY, FAITHFULLY, HONESTLY. HONESTLY. AND IMPARTIALLY. AND IMPARTIALLY DISCHARGED THE DUTY, DISCHARGE THE DUTIES OF MY OFFICE. OF MY OFFICE TO THE BEST OF MY ABILITY TO THE BEST OF MY ABILITY. SO HELP ME, GOD, HELP ME GOD. CONGRATULATIONS. GLAD YOU'RE BACK ON THE TEAM. AND NOW WE THANK YOU MR. MARK. SIGN YOUR LIFE AWAY. RIGHT HERE. SIGN HERE. AND HERE WE CAN GET THOSE LETTERS. OKAY? OKAY. OKAY. ALL RIGHT. WE'LL PROCEED WITH MADAM SECRETARY. WILL YOU PLEASE CALL THE ROLE? OKAY, MS. BALLARD HERE. MR. DEAN, HIS ABSENCE IS EXCUSED. MR. MOCK? HERE. MR. SCHAFER? HERE. MS. NEWBIE HERE. WE ONLY HAVE ONE SET OF MINUTES. NOVEMBER 12TH, 2025 MEETING. IF, IF THERE ARE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THESE MINUTES, PLEASE SPEAK NOW. REVIEW THEM, SEEING NO COMMENTS OR CORRECTIONS. THE MEETINGS, THE MINUTES WILL BE STAND APPROVED AS APPROVED. MAY I HAVE A MOTION TO APPROVE THE AGENDA? I'LL MOVE TO APPROVE THE AGENDA FOR THE BOARD OF ZONING APPEALS FOR JANUARY 7TH, 2026. IT'S BEEN MOVED. IT'S BEEN MOVED. AND SECOND THAT THE AGENDA BE APPROVED. ARE THERE ANY QUESTIONS ON, ON THE MOTION HAND? NO QUESTIONS WILL PROCEED IN ACCORDANCE WITH THE RULES OF THE BOARD OF THE ZONING APPEALS. ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING ITEMS ON THE AGENDA TONIGHT THIS EVENING NEED TO BE SWORN IN. I ASK EVERY, I ASK EVERYONE TO STAND AND RAISE THEIR RIGHT HAND AND RESPOND. I DO. TO THE FOLLOWING OATH, DO YOU HEREBY SWEAR 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. WE WE CAN BE SEATED AFTER ANYONE THAT MAY WISH TO SPEAK [00:05:01] TONIGHT. AFTER THE CASE REVIEW AND THE STAFF REPORT, PLEASE STEP TO THE PODIUM, SPELL YOUR NAME FOR THE RECORD AND PLACE YOUR NAME ON AND PLACE AND SIGN YOUR NAME. THERE'S A SHEET UP THERE THAT YOU SIGN YOUR NAME ON. OPPOSING. SEE NO, NO OLD BUSINESS. WE WILL MOVE TO THE EVENING BUSINESS. NEW BUSINESS IS K-Z-Z-B-Z-A CASE 20 26 0 1. THE APPLICANT KEPT SIGNS IT'S REQUESTING A VARIANCE. SECTION 10 89 0 5 GROUND SIGN, GROUND SIGN SETBACK PROPERTY IS LOCATED AT 64 88 CHAMBERS, CHAMBERSBURG ROAD. DON? YES MA'AM. THANK YOU. WELCOME EVERYBODY TO THE NEW YEAR IN THE NEW BUILDING. GLAD TO SEE YOU ALL HERE. ONE CORRECTION ALL MADE TO THE RECORD. THE SECTION OF CODE IS 1180 9.05. I BELIEVE MS. NEWBIE MAY HAVE SAID 10 89. YEAH. YEAH. SO YOU SAID 1189. UH, STAFF REPORT IS AS FOLLOWS, APPLICANT IS CAP SIGNS OF 74 64 WEBSTER STREET IN OHIO. THE APPLICANT, UH, OR THE THE BUSINESS, EXCUSE ME, IS THE NEW CHINA COTTAGE AT 64 88 CHAMBERSBURG ROAD. ZONED B ONE COMMERCIAL ADJACENT LAND IS ZONED COMMERCIAL EXCEPT FOR PROPERTY TO THE EAST WAS AS RESIDENTIAL ZONED. UH, THEY'RE REQUESTING AN A VARIANCE RELIEF REPLACEMENT OF A NEW MONUMENT SIGN AT SEVEN FEET, SIX INCHES BEHIND THE ROAD RIGHT OF WAY. SECTION 11 89 0 5 B ONE CALLS FOR A SETBACK OF 15 FEET BEHIND THE RIGHT OF WAY, SECTION 11 89 0 5. GROUND SIGN STATES SETBACK UNLESS OTHERWISE STATED IN THIS CHAPTER, ANY TEMPORARY OR PERMANENT GROUND SIGN OR ANY PART THEREOF SHALL BE SET BACK A MINIMUM DISTANCE OF 15 FEET FROM ANY RIGHT OF WAY DUE TO VARIATIONS IN THE CITY RIGHT OF WAY. LINE ALONG CHAMBERSBURG ROAD, THE RIGHT OF WAY IN FRONT OF THIS BUSINESS BORDERS THE SOUTH SIDE OF THE SIDEWALK. THE APPLICANT FEELS LOCATING THE SIGN AT THE 15 FOOT SETBACK WOULD DECREASE ITS VISIBILITY IN ORDER TO INSTALL THE SIGN AS PLANNED. THE APPLICATION REQUIRES A VARIANCE. STAFF FEELS THIS IS A REASONABLE REQUEST AND HAS NO OBJECTION TO THE GRANTING OF THE VARIANCE. STAFF ANALYSIS IS AS FOLLOWS, THE PARCEL IS APPROXIMATELY 1.35 ACRES. THERE ARE NO CITY UTILITIES IN PLAY. THE STRUCTURE IS THE CHINA COTTAGE SIGN, THE PLACEMENTS IN A PENINSULA THAT LIES BETWEEN THE ENTRANCE AND THE PARKING AREA. UH, THE CITY ENGINEER HAS NO PLANS TO CHANGE THE TRAFFIC PATTERN OR RIGHT OF WAY, THEREFORE HE HAS NO OBJECTION TO THIS VARIANCE REQUEST. THERE ENDS MY REPORT. QUESTIONS FOR THE STAFF IS, UM, IS THERE SOMEONE THAT WOULD WISH TO SPEAK FOR THE APPLICANT? I'M GONNA ASK YOU TO TURN THAT MICROPHONE ON PLEASE. THE LITTLE BUTTON. YEP. GET IT. OH, GREEN LIGHT. VERY GOOD. DAVID WILLIAMS, D-A-V-I-D-W-I-L-L-I-A-M-S CAP. 7 4 6 4 WEBSTER STREET, DAYTON, OHIO OR, OR VANDALIA. UM, I CONCUR WITH EVERYTHING STEPH HAS SAID. WE APPRECIATE THE FAVORABLE NOD. UM, I THERE'S A WEIRD SETBACK THERE FOR CHINA COTTAGE'S PROPERTY. IT SETS BACK FURTHER THAN EVERYBODY ELSE'S SETBACK ALONG THAT SECTION OF CHAMBERSBURG, WHICH REALLY MAKES THEIR SIGN GO MUCH FURTHER BACK THAN MOST ALONG THAT PART OF CHAMBERSBURG. UM, SO THE BIGGEST CONCERN IS THE WOODED LOT NEXT TO CHINA COTTAGE'S NEW LOCATION ON A WESTBOUND TRAVEL THAT THE, THE WOODED LOT REALLY BLOCKS YOUR VIEW OF THE SIGN IF IT'S SET FOR THEIR BACK. SO THEY'RE REALLY JUST ASKING FOR ABOUT THREE MORE FEET TO PUSH THAT SIGN A LITTLE BIT FURTHER FORWARD SO THAT PEOPLE CAN SEE THAT SIGN ON THEIR APPROACH TO MAYBE COMING INTO THAT PROPERTY AND PROBABLY CREATING A LITTLE SAFER PASSAGE FOR PEOPLE THAT MIGHT TURN IN THERE QUICKER IF THEY DIDN'T SEE IT. THE OLD SIGN THAT WAS THERE FROM THE PREVIOUS, UH, OWNER, WHICH WAS THERE APPARENTLY FOR A LONG TIME, UM, THAT SIGN WAS ABOUT FOUR FEET FROM THE EXISTING POLE [00:10:01] TOWARDS THE STREET. SO WE'RE GONNA BE, WE'RE REQUESTING SEVEN AND A HALF. SO IT'S ABOUT THREE AND A HALF FEET FURTHER OUT BECAUSE WE'RE A LOWER SIGN ACCORDING TO CODE. THAT'S WHAT WE HAVE TO DO. UM, YOU KNOW, I COULD, I COULD GO ON FOREVER ABOUT SIGNS IN THE COMMUNITY THAT ARE MUCH CLOSER THAN THAT TO SIDEWALKS ALL OVER HUBER HEIGHTS. I DON'T SEE ANY REASON TO DO THAT. UM, AND SO WE'RE JUST ASKING FOR THE SAME OPPORTUNITY TO IDENTIFY OUR BUSINESS AS EVERYBODY ELSE WITH A, A LITTLE FORGIVENESS ON THE SETBACK, UH, CLOSER TO CHAMBERSBURG. IF THERE'S ANY QUESTIONS ABOUT THE SIGN, I'M HERE TO ANSWER THOSE TECHNICAL QUESTIONS. IF YOU HAVE ANY QUESTIONS ABOUT THE SIGN, I, I OF COURSE CAN ANSWER THOSE FOR YOU. WON'T HAVE ANY QUESTIONS FOR YOU. THANK YOU. THANK YOU SIR. THANK YOU. ALRIGHT, WE WILL CLOSE THE CASE AND I WILL START READING THE VARIANCE STANDARDS AS FOLLOWS. WE'LL VOTE ON THESE INDIVIDUALLY. OKAY. WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFITS USE OF THE PROPERTY WITHOUT THE VARIANCE. MADAM SECRETARY, PLEASE TAKE THE ROLE. MS. BALLARD? NO. MR. MOCK? NO. MR. SCHAFER? NO. MS. NEWBIE? NO. WHETHER THE VARIANCE IS SUBSTANTIAL. MR. MOCK? NO. MR. SCHAFER? NO. MS. BALLARD? NO. MS. NEWBIE, NO. WHETHER THE CENTRAL CHARACTERISTICS OF NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED AND OR WHETHER ADJOURNING PROPERTIES WILL SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE. MR. SCHAFER? NO. MS. BALLARD? NO. MR. MOCK, NO. MS. NEWBIE NO. WHERE THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GOBBLES REMOVAL. MS. BALLARD? NO. MR. MOCK? NO. MR. SCHAFER? NO. MS. NEWBIE? NO. WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION, MR. MOCK? NO. MR. SCHAFER? YES. MS. BALLARD? NO. MS. NEWBIE, NO. WHETHER THE PROPERTY OWNER PREDICAMENT FEASIBLY CAN BE AVERTED THROUGH SOME OTHER METHOD OTHER THAN THE VARIANCE MR. SCHAFER? NO. MS. BALLARD? NO. MR. MOCK? NO. MS. NEWBIE, NO. WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENTS WILL BE OBSERVED OF SUBSTANTIAL JUSTICE DONE BY GRANT NEW THE VARIANCE. MS. BALLARD? YES. MR. MOCK? YES. MR. SCHAFER? YES. MR. SCHAFFER? YES. MS. NEWBIE? YES. MAY I HAVE A MOTION TO APPROVE THE VARIANCE? I'LL MAKE A MOTION TO APPROVE VARIANCE PCA CASE 26 0 1 SECOND. IT'S BEEN MOVED. AND SECOND, THAT THE VARIANCE FOR PROPERTY FOR B-G-B-C-A CASE 26 0 1 BE APPROVED. IS THERE ANY QUESTION ON THE MOTION? NO QUESTIONS, MADAM. SECRETARY, WILL YOU VOTE? TAKE THE VOTE. ALL RIGHT. MR. MOCK? YES. MS. BALLARD? YES. MR. SCHAFFER? YES. MS. NEWBIE? YES. FOUR TO ZERO. IT PASSES. FOUR TO ZERO. THANK YOU. THANK YOU. YOU SIR. THANK YOU. AND GOOD LUCK. WE WILL. YEAH. I THINK IT'S A BEAUTIFUL BUILDING ALSO. THIS IS REALLY NICE IN HERE. I WATCHED THIS GOING UP. I I DID NOT BID ON THE SIGN UP. YOU NOTICE THE LAMP GUY. . THANK YOU. THANKS AGAIN. OKAY. BYE-BYE. THANK YOU. OKAY. THAT'S SOME NEW AND WE DON'T HAVE ANY RIGHTS OVER RIGHT THERE. THE ADDITIONAL BUSINESS. ADDITIONAL BUSINESS. WE HAVE NONE. UM, UPCOMING SCHEDULE OF MEETINGS? NO, WE DON'T HAVE TO VOTE ON HIM. OKAY. YEP. SO THE NEXT MEETING IS FEBRUARY 4TH. ALRIGHT. THERE'S NOTHING ELSE. WE [00:15:01] END UP TO MAKE A MOTION TO ADJOURN. I MAKE A MOTION TO ADJOURN. I'LL SECOND THAT. IT'S MOVE OR SECOND THAT WE ADJOURN SINCE WE, AND IT'S SIX 15 RIGHT NOW. * 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.