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AS PARDON THE SECOND CASE,[ AGENDA BOARD OF ZONING APPEALS City Governance Center - Council Chambers 6151 Brandt Pike June 3, 2026 6:00 P.M.]
I SHOULD CALL THE MEETING OF THE CITY OF HUBER HEIGHTS BOARD OF ZONING APPEALS TO ORDER.MADAM SECRETARY, WILL YOU CALL THE ROLL PLEASE? SURE.
WE'LL FOLLOW THE AGENDA FOR JUNE 3RD, 2026.
UH, THE NEXT ITEM ON THE AGENDA IS APPROVAL OF THE MINUTES.
WE HAVE ONE SET OF MINUTES FROM MAY 6TH, 2026 MEETING.
ARE THERE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THESE MINUTES? HEARING NO COMMENTS? UH, IT SEEMS LIKE THERE'S NO COMMENTS OR CORRECTIONS THAT NEEDS TO BE, UH, MADE SO THE MINUTES WILL STAND APPROVED.
MAY I HAVE A MOTION TO APPROVE THE AGENDA? I'LL MOVE TO APPROVE THE AGENDA FOR BOARD OF ZONING APPEALS SECOND JUNE 3RD.
AND SECOND THAT THE AGENDA FOR THE BOARD OF ZONING AND APPEALS CITY OF HUBER HEIGHTS, JUNE 23RD IS APPROVED.
ARE THERE ANY QUESTIONS ON THE MOTION? SEEING NO QUESTIONS WITHOUT ANY OBJECTIONS.
THE AMEND THE AGENDA WILL BE TO, FOR TONIGHT IT'S APPROVED.
WE CONTINUE ON IN ACCORDANCE WITH THE RULES OF THE BOARD OF ZONING APPEALS.
ANYONE WHO WISHES TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN.
I WILL ASK EVERYONE TO STAND, RAISE YOUR RIGHT HAND AND RESPOND.
TO THE FOLLOWING OATH, IF YOU WILL BE SPEAKING, SPEAKING, ANYBODY WHO'S GOING TO SPEAK NEEDS TO BE SWORN IN.
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.
ANY ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER THE CASE REVIEW AND THE STAFF REPORT, PLEASE STEP UP TO THE PODIUM.
STATE AND SPELL YOUR NAME FOR THE RECORD AND PLACE YOUR NAME.
THERE'S A SHEET ON THE PODIUM WHERE YOU CAN PRINT YOUR NAME AT SEEING NO, NO, THERE'S NO OLD BUSINESS.
AND I'M APOLOGIZE, BEFORE I READ THIS, I'M GONNA PROBABLY SAY YOUR LAST NAME, BRO.
THE THE APPLICANT GREGORY VIER IS REQUESTING A VERDICT FROM SECTION 11 41 0 4 AREA STANDARD REDUCED REAR SETBACK PROPERTY IS LOCATED AT 70 49 SAN SAND VIEW DRIVE.
DON, CAN YOU READ THE REPORT FROM THE YES MA'AM.
AS STATED, MR GEL IS REQUESTING A VARIANCE FOR THE AREA STANDARD REQUIRED ON A RESIDENTIAL PROPERTY.
THE OWNER'S REQUESTING A VARIANCE FROM THE CITY OF HUBER HEIGHT ZONING CODE TO CONSTRUCT A REAR ROOM ADDITION.
ADDITION, WHICH WILL REPLACE THE EXISTING ENCLOSED PATIO.
SINCE THE ADDITIONS AND ATTENDED FOR YEAR ROUND CONDITIONED USE, IT WILL BE IN ADDITION TO THE EXISTING HOUSE IN AN R FOUR ZONE DISTRICT.
THE MINIMUM REQUIRED REAR YARD SETBACK FOR A RESIDENTIAL STRUCTURE IS 40 FEET.
THE DIMENSIONS OF THE PROPOSED ADDITION, ACCORDING TO THE APPLICANT, WILL REQUIRE A DECREASED REAR YARD SETBACK OF 32 FEET.
THE EXISTING ENCLOSED PATIO IS CLASSIFIED AS A PROJECTION AND DOES NOT HAVE A SETBACK REQUIREMENT.
ZONING CODE SECTION 1140 7.04 AREA STANDARD REQUIRES A MINIMUM OF 40 FEET FROM THE REAR HOUSE FOUNDATION TO THE REAR PROPERTY LINE.
AS A RESULT OF THE CODE RESTRICTIONS ON AREA STANDARD, THE PROPERTY OWNER REQUIRES A VARIANCE.
CITY STAFF HAS NO OBJECTION TO THE GRANTING OF THIS VARIANCE.
ADJACENT TO PROPERTIES WERE NOTIFIED OF THE VARIANCE OF QUEST AND NO OBJECTIONS HAVE BEEN RECEIVED BY THE CITY.
STAFF ANALYSIS AS FOLLOWS, THE PARCEL IS APPROXIMATELY 0.2 ACRES.
THE STRUCTURE IS A ROOM, A REAR ADDITION ON THE REAR OF THE HOUSE.
AND THE ENGINEERING DEPARTMENT HAS NO CONCERN ABOUT THIS REQUEST.
DO ANYONE HAVE ANY QUESTIONS FOR DI?
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SEE NO QUESTIONS.THIS IS YOUR OPPORTUNITY, SIR, TO SPEAK IF THERE'S SOMETHING YOU'D LIKE TO SAY.
I WASN'T REAL SURE WHAT ALL I NEED TO SAY ONTO THE THING.
THE ROOM RIGHT NOW IS 10 FOOT BY 13 AND WE FOUND OUT THAT THIS IS THE FIRST WE JUST MOVED INTO THE PLACE AND IT IS VERY COLD IN THE WINTER AND IT IS VERY HOT IN THE SUMMER AND ONLY ONE OF THE WINDOWS OPENED.
UH, AND SO WE WANTED TO DO SOMETHING WITH IT.
WE FIGURE WHY WE'RE DOING THIS, LET'S EXPAND IT, MAKE IT SO WE CAN USE IT ALL YEAR ROUND.
THAT'S WHAT WE'RE TRYING TO DO.
ANY QUESTIONS FOR THE APPLICANT? JUST STATE HIS NAME.
COULD STATE YOUR NAME AND SPELL IT.
UH, GREG GEL, UH, G-R-E-G-V AS IN VICTOR, EIGL.
SEEING THAT WE DON'T HAVE ANY QUESTIONS, I'M GOING TO CLOSE THE CASE.
YOU CAN, YOU CAN SIT, YOU CAN BE SEATED.
WHEN DO I FIND OUT WHETHER IT'S APPROVED OR NOT OR HOW DO I FIND OUT? HUT IN ABOUT TWO MINUTES.
YEAH, IN ABOUT ABOUT TWO MINUTES.
AS SOON AS I CLOSE THE CASE AND, AND, AND THE BOARD VOTE.
I AM GOING TO READ THE VARIANCE AND AFTER EACH VARIANCE, UM, THE SECRETARY WILL TAKE THE ROLE AND YOU ALL WILL SAY YES OR NO ON THAT.
SO THE FIRST ONE IS WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE.
MADAM SECRETARY, WILL YOU CALL THE ROLE PLEASE? MS. BALLARD? NO.
WHERE THE VARIANCE IS SUBSTANTIAL.
WHETHER IT'S THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIAL, ALTERED OR WILL ADJOURNING PROPERTIES WHETHER ADJOURNING PROPERTIES WILL SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHERE THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GAR GARBAGE REMOVAL.
WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS, MS. BALLARD? NO.
WHETHER THE PROPERTY OWNERS PREDICTING THE FEAS, WE CAN BE AVERTED THROUGH SOME OTHER, SOME METHOD OTHER THAN A VARIANCE.
WHERE THE SPIRIT OR INTENT BEHIND THE ZONING REQUIREMENTS WILL BE OBSERVED FROM JUSTICE DONE BY GRE ANCE.
MAY I HAVE A MOTION TO APPROVE THE VARIANCE? I'LL MAKE A MOTION TO APPROVE THE VARIANCE BCA CASE 26 0 4.
SECOND IT'S BEEN MOVING SECOND THAT THE VARIANCE FOR BC CASE 26 0 4 BE BE APPROVED.
ARE THERE ANY QUESTIONS ON THE MOTION, HEARING, HEARING, OR SEEING? NO QUESTIONS MA'AM.
THE VARIANCE HAS BEEN APPROVED.
WHAT YOU NEED TO DO, SIR, IS GET WITH THE, THE YOUNG GENTLEMAN DOWN AT THE END AND HE'LL TELL YOU WHERE, WHAT? I'M THE YOUNG GUY AT THE END,
HE'LL TELL YOU WHAT NEXT STEPS YOU NEED TO TAKE.
DON, DO YOU NEED TO SEE HIM NOW? OR THEY CAN COME BACK? YOU'VE GOT MY CONTACT INFORMATION.
WHY DON'T YOU GIMME A CALL TOMORROW? OKAY.
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IS B-G-B-Z-A CASE 26 0 5.THE APPLICANT DEREK FAIRCHILD IS REQUESTING A VARIANCE FROM SECTION 11 42 0 5 AREA STANDARD SIDE YARD SETBACK PROPERTY IS LOCATED 90 70 TAYLORVILLE ROAD.
I JUST REALIZED WE HAVE TWO HEARINGS TONIGHT FOR THE SAME THING.
I DON'T RECALL THE AREA STANDARD BEING ON THE AGENDA TWICE IN THE SAME MEETING BEFORE JUST HAPPENED TO REALIZE THAT.
ANYWAY, A LITTLE BIT OF TRIVIA.
SO OF AREA STANDARD, THE APPLICANT IS REQUESTING A VARIANCE FROM THE REQUIRED SIDE YARD SETBACK FOR AN ATTACHED GARAGE OWNER REQUESTING A VARIANCE FROM THE CITY OF HUBERT HEIGHTS ZONING CODE TO CONSTRUCT AN ATTACHED GARAGE TO THE EAST SIDE OF THE HOUSE.
THE PURPOSE IS TO ACCOMMODATE MORE VEHICLES IN AN AGRICULTURALLY ZONE DISTRICT.
THE MINIMUM REQUIRED SIDE YARD SETBACK FOR A RESIDENTIAL STRUCTURE IS 30 FEET.
THE PROPOSED GARAGE WOULD COME WITHIN 10 FEET OF THE EAST SIDE PROPERTY LINE.
REMEMBERING THIS IS AN ATTACHED GARAGE, THEREFORE IT BECOMES PART OF THE HOUSE ZONING CODE SECTION 11 42 0 5 REQUIRES A MINIMUM 30 FOOT SIDE YARD WIDTH WHEN MEASURED FROM THE STRUCTURES FOUNDATION.
AS A RESULT OF THE CODE RESTRICTION ON AREA STANDARD, THE PROPERTY OWNER REQUIRES A VARIANCE.
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.
ANALYSIS IS AS FOLLOWS, A PARCEL IS APPRO APPROXIMATELY 2.65 ACRES.
THE STRUCTURE AS STATED, IS AN ATTACHED GARAGE, WHICH WILL BE PLACED ON THE EAST SIDE OF THE HOUSE.
ANY QUESTIONS FOR THE YEAH, I GUESS I GOT ONE QUESTION FOR THE CITY.
IS THIS PROPERTY STILL ZONED AGRICULTURAL? YOU KNOW, THERE ARE A LOT OF THEM THAT WERE JUST NEVER CHANGED BECAUSE YOU'RE ALLOWED TO BUILD A SINGLE FAMILY HOME ON AN AGRICULTURAL LOT.
AND I THINK, I'M GUESSING FOLKS JUST LIKE THE IDEA OF IT STILL BEING ABLE TO HAVE AN AGRICULTURAL USE IF YOU WANT TO HAVE HORSES OR ET CETERA, YOU HAVE THAT OPTION BECAUSE IT'S ALREADY ZONED AGRICULTURALLY.
BUT OTHER THAN THAT, I, I COULDN'T TELL YOU.
WE HAVE A LOT OF AGRICULTURAL LOTS IN VERY UNIQUE SECTIONS OF TOWN THAT AREN'T IN THE OUT, EXCUSE ME.
THE OUTLIERS ACTUALLY IN TOWN ON MAIN DRAGS THAT JUST WERE NEVER WERE THERE BEFORE THIS BECAME A CITY AND BEFORE IT WAS BECAME, YOU KNOW, RESIDENTIALLY POPULATED AND JUST NEVER CHANGED.
ANY OTHER QUESTIONS? I CAN SAY SOMETHING I, YOU, YOU WOULD HAVE TO BE SWORN IN.
AND, UH, SO IF YOU WOULD STAND, RAISE YOUR RIGHT HAND AND RAISE YOUR RIGHT HAND.
I'LL SWEAR YOU IN AND THEN YOU CAN COME UP.
DO YOU HEREBY SWEAR TO AFFIRM ON THE THREAT OF PERES TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
YOU CAN PROCEED TO THE PODIUM.
STATE YOUR NAME AND SPELL IT AND SIGN.
AND I'M, THIS IS JUST A COMMENT FOR MY NEIGHBOR.
I'M THE ONLY NEIGHBOR THAT COMES ON THE, ON, ON THE EAST SIDE OF HIM AND WE HAVE NO OBJECTIONS AT ALL FOR THAT.
IT'S NOT GONNA IMPACT US AT ALL.
ANYONE HAVE ANY QUESTIONS FOR THE, THE NEIGHBOR? AND WE HAVE HORSES OUT THERE.
THAT'S WHY WE ARE AGRICULTURE AND WE HAVE A BIG BARN.
IT'S MORE THAN 14 FEET TALL, WHICH IS NICE.
APPRECIATE YOU COMING IN, MAKING TESTIMONY, SIR.
SO WE WILL CLOSE THE CASE AND PROCEED WITH THE VARIANCES.
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THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFITS USE OF THE PROPERTY WITHOUT THE VARIANCE MATTER.SECRETARY, PLEASE TAKE THE ROLE.
WHETHER ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIAL ALTER WHETHER JOURNEY PROPERTIES WOULD SUFFER OR SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.
WHETHER VARIANCES WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL.
WHERE THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION? MS. BALLARD? NO.
WHETHER THE PROPERTY OWNER, UH, PREDICAMENT FEAS BE CAN BE VARI THROUGH SOME METHOD OTHER THAN A VARIANCE.
WHERE THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENTS WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANT, THE VARIANCE.
MAY I HAVE A MOTION TO APPROVE THE VARIANCE? TWO, THREE.
I'LL MAKE A MOTION TO APPROVE.
GUYS, WANT ME, DIDN'T I? YEAH.
GO AHEAD AND READ THE LAST ONE.
WHETHER THE, WHETHER THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENT WILL OBSERVE STANDARD JUSTICE DONE BY GRANT LAVERS.
MAY I HAVE A MOTION TO APPROVE THE VARIANCE? I MAKE A MOTION THAT WE APPROVE THE VARIANCE FOR CASE 26 DASH OH FIVE.
AND SECOND THAT THE VARIANCE FOR CASE NUMBER BZA CASE 26 0 5 BE APPROVED.
ARE THERE ANY QUESTIONS ON THE MOTION? HEARING NONE QUESTIONS, MADAM SECRETARY, WILL YOU CALL THE ROLL PLEASE? MS. BALLARD? YES.
NEXT THING ON THE AGENDA IS THERE'S NO ADDITIONAL NEW BUSINESS.
NEXT MEETING MEETINGS ARE JULY 1ST AND AUGUST 5TH.
SO, AND AT THIS, AT THIS POINT, WE DON'T HAVE ANY CASES, BUT I'LL LET YOU KNOW.
ANYTHING ELSE? MAY HAVE A MOTION TO ADJOURN.