* 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. [00:00:03] I SHALL CALL THE MEETING OF THE CITY OF HUBER HEIGHTS. ZONING APPEALS TO ORDER. MADAM SECRETARY, WILL YOU CALL THE ROLL PLEASE? ALRIGHT, MS. BALLARD. HERE. MR. DEAN. HERE. MR. MOCK. HERE. MR. SCHAFER? HERE. MS. NEWBIE HERE. WE'LL FOLLOW AGENDA AS PRINTED FOR OCTOBER 7TH, 2026. UM, PROOF OF MINUTES. WE HAVE ONLY ONE SET OF MINUTES FROM JUNE 3RD, 2026 MEETING. ARE THERE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THOSE MINUTES? SEEING NO COMMENTS OR CORRECTIONS? THOSE MINUTES. STAND APPROVED. OKAY, THE PROOF OF THE, UH, AGENDA, MAY I HAVE A MOTION TO APPROVE THE AGENDA? I'LL MAKE A MOTION TO APPROVE THE AGENDA FOR TONIGHT. SECOND, IT'S BEEN MOVED. AND SECOND, THAT THE AGENDA FOR, FOR BZ, BOARD OF ZONING APPEAL, UM, OCTOBER THE SEVENTH, 2026 BE APPROVED. ARE THERE ANY QUESTIONS ON THE MOTION? NO QUESTIONS. MINUTES APPROVE. WE'LL FOLLOW THIS SWEARING OF WITNESS IN ACCORDANCE WITH THE RULES OF THE SUPPORT OF THE ZONING AND APPEALS. ANYONE THAT MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE, THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN. I ASK EVERYONE WHO TO STAND AND RAISE THEIR RIGHT HAND AND RESPOND. I DO. TO THE FOLLOWING OATH, IF YOU PLAN TO SPEAK TO THE BOARD, DO YOU HEREBY SWEAR AFFIRM ON THE THREAT OF PERJURY AND TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO. OKAY. ANYONE WHO THAT MAY WISH TO SPEAK TONIGHT? AFTER THE CASE IS REVIEWED AND THE STAFF REPORT, PLEASE STEP TO THE PODIUM, SPELL YOUR NAME FOR THE RECORD AND PLACE YOUR NAME. THERE'S A SHEET ON THE PODIUM, UH, TO WRITE YOUR NAME AND SIGN YOUR NAME ON THAT PIECE OF PAPER. SEEING THERE, THERE'S NO OLD BUSINESS, WE'LL MOVE ON TO THE, THE BUSINESS OF THIS EVENING. THE FIRST CASE ON THE AGENDA IS BZA CASE 26 0 6. THE APPLICANT, AND I HOPE I SAY PRONOUNCE HIS LAST NAME CORRECTLY. EARL GOODEN. GOODEN. GOOD. OKAY. GOODER. GOODER. OKAY. IT'S A QUESTION OF VARIANCE FROM, UM, SECTION 11 45 0 4 AREA, STANDARD SIDE. UM, SIDE YARD SETBACK PROPERTY IS LOCATED AT 72 31 SHO DRIVE. DON, CAN YOU READ THE STAFF REPORT PLEASE? YES MA'AM. GOOD EVENING. GOOD EVENING. GOOD EVENING EVERYONE. GLAD TO SEE YOU HERE FOR THE LAST HALF OF THE SUMMER OR THE FIRST PART OF THE FALL. I HAVEN'T SEEN YOU SINCE JUNE. THANK YOU ALL FOR BEING HERE. UH, FIRST CASE IS FOR 72 31 SHOW PLACE. DRIVE RESIDENTIAL PROPERTY, UH, ZONED R TWO RESIDENTIAL AS ARE THREE OF THE FOUR. THE FOURTH PROPERTY IS R ONE AS STATED, THE APPLICANT IS REQUESTING A VARIANCE FROM THE REQUIRED SIDE YARD SETBACK FOR A ROOM. ADDITION OWNERS REQUESTING A VARIANCE FROM THE CITY OF HUB, RIGHT ZONING CODE TO CONSTRUCT A SIDE ROOM ADDITION TO BE USED AS AN AGING PARENT SUITE. ZONING CODE SECTION 1140 5.04 AREA STANDARD IN AN R TWO DISTRICT REQUIRES A MINIMUM 15 FOOT SIDE YARD WIDTH WHEN MEASURED FROM THE STRUCTURES FOUNDATION WITH A SUM OF AT LEAST 30 FEET. THE PROPOSED ADDITION WILL COME WITHIN NINE FEET OF THE NORTH SIDE PROPERTY LINE REQUIRING A SETBACK, THE VARIANCE OF SIX FEET. 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 PROPERTIES WERE NOTIFIED OF THE VARIANCE REQUEST AND NO OBJECTIONS HAVE BEEN RECEIVED BY THE CITY. I'LL AMEND THAT, THAT I RECEIVED A VISIT FROM A NEIGHBOR. HE WAS JUST CURIOUS BECAUSE THERE ARE SO FEW VARIANCES IN THE NEIGHBORHOOD, BUT HE HAD NO OBJECTION WHATSOEVER. STAFF ANALYSIS IS AS FOLLOWS, THE PARCEL IS APPROXIMATELY A HALF AN ACRE. UH, EASEMENTS ARE NOT A FACTOR. UH, THE STRUCTURE IS A ROOM ADDITION TO BE PLACED ON THE NORTH SIDE. THE ENGINEERING DEPARTMENT HAS NO CONCERN ABOUT THIS REQUEST. I BELIEVE THE BUILDER IS HERE IF HE HAS ANYTHING HE WOULD LIKE TO SHARE. HELLO, MY NAME IS JASON, J-A-S-O-N-O-W-E-N-S, AND I'M THE GENERAL CONTRACTOR FOR BOTH OF THESE, UH, CLIENTS TONIGHT. UM, NOTHING REALLY, UM, MORE TO ADD OTHER THAN WE'RE [00:05:01] REQUESTING SIX FOOT SETBACK FROM THE ZONING REQUIREMENTS. SO THAT'S, ANY QUESTIONS I CAN ANSWER? ANYONE HAVE ANY QUESTIONS FIRST FOR, UM, STAFF ON THIS PRIOR TO GETTING WITH THE WITNESSES? QUESTIONS FOR DON? NO, NO QUESTIONS. DO YOU HAVE ANY QUESTIONS FOR HIM? FOR THE BUILD BUILDER CARE? OKAY. UH, THE OWNER, YOU WILL, YOU WISH TO COME UP TO THE PODIUM SPEAK. DO YOU HAVE ANYTHING YOU WANNA SAY? ALRIGHT, THANK YOU. WITH THAT BEING SAID, I'M GOING TO CLOSE THE CASE AND I WILL BEGIN TO READ THE VARIANCE. EACH VARIANCE THAT I READ, UH, THE SECRETARY WILL TAKE THE ROLE ON EACH VARIANCE, YES OR NO FROM THE COMMITTEE. THE FIRST ONE, WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE THERE CAN BE ANY BENEFIC USE OF THE PROPERTY WITHOUT THE VARIANCE. MADAM SECRETARY, MS. BALLARD? YES. MR. DEAN? YES. MR. MOCK? YES. MR. SCHAFFER? YES. MR. NEWBIE? YES. WHETHER VARIANCE IS SUBSTANTIAL, MR. DEAN? NO. MR. MOCK? NO. MR. SCHAFFER? NO. MS. BALLARD? NO. MS. NEWBIE? NO. WHETHER THE CENTRAL CHARACTER OF THE NEIGHBORHOOD WILL BE SUBSTANTIALLY ALTERED OR WHETHER JOURNEY PROPERTIES WILL SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE. MR. MOCK? NO. MR. SCHAFER? NO. MS. BALLARD? NO. MR. DEAN? NO. MS. NEWBIE WHETHER THE VARIANCE, OH, NO. OKAY. , I'M SORRY. WHETHER THE VARIANCE WOULD ADVERSELY AFFECT DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATERS, SANITARY SEWAGE OR GARBAGE REMOVAL. MR. SCHAFER? NO. MS. BALLARD? NO. MR. DEAN? NO. MR. MOCK? NO. MS. NEWBIE? NO. WHETHER THE PROPERTY ONLY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS, MS. BALLARD? NO. MR. DEAN? NO. MR. MOCK? NO. MR. SCHAFER, NO. MS. NEWBIE NO. WHERE THE PROPERTY OWNER'S PREDICAMENT FEASTLY CAN BE ALTERED THROUGH SOME OTHER METHOD OTHER THAN THE VARIANCE. MR. DEAN? NO. MR. MOCK? NOPE. MR. SCHAFER NO. MS. BALLARD, NO. MS. NEWBIE, NO. WHERE THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENTS WILL BE OBSERVED OF SUBSTANTIAL JUSTICE DONE BY GRATTON. THE VARIANCE. MR. MOCK? YES. MR. SCHAFER? YES. MS. BALLARD? YES. MR. DEAN? YES. MS. NEWBIE? YES. MAY. CAN I HAVE A MOTION TO APPROVE THE VARIANCE? MAKE A MOTION TO APPROVE BZA CASE 26 0 6. SECOND IT'S BEEN MOVED. AND SECOND, THAT BZ, BZA CASE 26 OH DASH OH SIX BE APPROVED. IS THERE ANY QUESTION ON THE MOTION? SEEING? NO QUESTION. HEARING? NO QUESTION ON THE MOTION. MADAM SECRETARY, WILL YOU CALL THE ROLL MR. DEAN? YES. MR. MOCK? YES. MS. BALLARD? YES. MR. SCHAFER? YES. MS. NEWBIE? YES. FIVE TO ZERO. YOUR REQUEST HAS BEEN APPROVED. FIVE TO ZERO. UM, THE NEXT STEP WOULD, WOULD FOR YOU, WILL BE TO GET WITH THE, THE STAFF AND THE CITY TO SEE WHAT ANY ADDITIONAL STUFF THAT YOU MIGHT NEED TO DO. OKAY? I AM GOING TO MOVE ON TO THE NEXT CASE. EXCUSE ME. I'M HAVING A ROUGH DAY TODAY. OKAY. CASE BZA CASE 26 0 7. THE APPLICANT KENYA ALLEN IS REQUESTING A VARIANCE FROM SECTION 11 47 0 4 AREA STANDARD STANDARD REAR, UM, YARD SETBACK PROPERTIES. LOCATION LOCATED AT 99 36 WIS WHISPERING PI PINE DRIVE. YES, MA'AM. THE, UH, PROPERTY IS OWNED TO PLAN TO RESIDENTIAL AS ARE ALL ADJACENT PROPERTIES. THE APPLICANT, [00:10:01] THE OWNER, IS REQUESTING A VARIANCE FROM THE CITY OF HUBER HEIGHT ZONING CODE TO CONSTRUCT A REAR ROOM ADDITION TO BE USED AS AN AGING PARENT SUITE. THE ZONING CODE SECTION 1140 7.04 AREA STANDARD FOR A SINGLE FAMILY DWELLING REQUIRES A MINIMUM 40 FOOT REAR YARD SETBACK. THE PROPOSED ADDITION WILL COME WITHIN 32 FEET OF THE PROPERTY LINE, REQUIRING A SETBACK VARIANCE OF EIGHT FEET. AS A RESULT OF THE CODE RESTRICTIONS IN AN AREA STANDARD, THE OWNER REQUIRES A VARIANCE. THE CITY STAFF HAS NO OBJECTION TO THE GRANTING OF THIS VARIANCE. ADJACENT PROPERTIES WERE NOTIFIED OF THE VARIANCE REQUEST AND NO OBJECTIONS HAD BEEN RECEIVED BY THE CITY. STAFF. ANALYSIS IS AS FOLLOWS, THE PARCEL IS APPROXIMATELY 0.15 ACRES EASEMENTS ARE NOT A STANDARD. THE STRUCTURE IS A ROOM ADDITION TO BE PLACED ON THE EAST SIDE OF THE PROPERTY. THE ENGINEERING DEPARTMENT HAS NO CONCERN ABOUT THIS REQUEST. I'LL HAVE, YOU HAVE TO HAVE ANY QUESTIONS IF YOU HAVE THEM. DO ANY THE BOARD MEMBERS HAVE QUESTIONS FOR THE STAFF? UH, WOULD THE OWNER OF THE PROPERTY LIKE TO SPEAK OR COME BEFORE THE PODIUM? STATE YOUR NAME, SPELL IT AND SIGN THE PIECE OF PAPER. HI, I'M KENDRA ALLEN. K-E-N-D-R-A-A-L-L-E-N. UM, , UH, OUR HOA HAS APPROVED THIS. WE HAD TO DO THAT BEFORE WE COULD SUBMIT EVEN FOR, UM, A ZONING PERMIT. UM, SO THEY HAVE APPROVED IT. THEY DON'T HAVE A PROBLEM WITH IT. MY DAD PASSED AWAY IN MAY. UM, SINCE THEN, MY MOM'S NEEDED MORE AND MORE ASSISTANCE. SHE LIVES IN THE NEIGHBORHOOD, BUT SOMETIMES EVEN GETTING TWO BLOCKS TO HER MIGHT BE DIFFICULT IF SHE NEEDS ME. UM, SHE'S FALLEN A FEW TIMES SINCE THEN AND IT WOULD JUST MAKE US ALL FEEL BETTER IF SHE WAS WITH US AND TAKING, MAKE SURE WE TAKE, SHE'S TAKEN CARE OF. SHE ALSO HAS A LITTLE DOG THAT NEEDS TO GO OUT AND GO FOR WALKS AND SHE CAN'T DO THAT. SO THIS IS GOOD FOR THE DOG TOO. THANK YOU. DO THE, UM, YOU SAY YOU ARE THE, DO YOU WANNA SAY ANYTHING ON THIS CASE? AREN'T YOU? YOU SAID YOU WAS DEALING WITH HER CASE ALSO? YES. OKAY. IF YOU, IF YOU WANNA SAY SOMETHING, THIS IS THE TIME . OH. AND I BROUGHT MY NEIGHBOR WHO'S RIGHT NEXT TO WHERE THE ADDITION IS. OKAY, SIR. YEAH. YEAH. YOU CAN GO. WHOEVER WANNA FLIP THE CORNER? WANNA GO? I GO. JASON OWENS. J-A-S-O-N-O-W-E-N-S. UM, JUST AS KENDRA ALREADY STATED, JUST FOR HER AGING MOTHER AND A PLACE THAT'S BEEN APPROVED BY THE, THE HOA AND IT'S EIGHT FEET AS OPPOSED TO SIXTH ON THE LAST ONE. SO I THINK IT'S A PRETTY REASONABLE REQUEST AND WE HOPE THAT YOU AGREE . OKAY. THANK YOU. THANK YOU. MY NAME IS JOHN HERMANS. J-O-H-N-H-E-R-M-A-N-N-S. I'M HER NEIGHBOR. I'M THE ONE WHO THE WOULD BE AFFECTED. THERE IS, WON'T BOTHER ME IN ANY WAY, SHAPE OR FORM TO DO THIS. YOU KNOW, IT WON'T AFFECT ME IN ANY WAY. OKAY. THANK YOU FOR YOUR COMMENTS. OKAY. WELL, WE'RE GONNA CLOSE THIS CASE. MM-HMM . I, I'M SORRY, I I'M RUSHING. ANYONE HAD ANY CON ANYTHING FOR, OKAY, SO WE'RE GONNA CLOSE IT AND I WILL READ THE VARIANCE AND WE'LL GO FROM THERE. OKAY. WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIARIES OF THE PROPERTY WITHOUT THE VARIANCE. SECRETARY. MR. DEAN? YES. MR. MOCK? YES. MR. SCHAEFER? YES. MS. BALLARD? YES. MS. NEWBIE? YES. WHETHER VARIANCE IS SUBSTANTIAL, MR. MOCK? NO. MR. SCHAFFER? NO. MS. BALLARD? NO. MR. DEAN? NO. MS. NEWBIE? NO. WHETHER ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIAL ALTER WHETHER JOURNEY PROPERTIES WILL SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE. MR. SCHAEFFER? NO. MS. BALLARD? NO. MR. DEAN? NO. MR. MOCK? NOPE. MS. NEWBIE, NO. WERE THE VARIANCE, WERE ADVERSELY AFFECTED DELIVERY OF GOVERNMENT SERVICES SUCH AS WATER, SANITARY SEWAGE, OR GARBAGE REMOVAL. MS. BALLARD? NO. MR. DEAN? NO. MR. MOCK? NO. MR. SCHAFER NO. MS. NEWBIE NO. [00:15:01] WHERE THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION? MR. DEAN? NO. MR. MOCK? NO. MR. SCHAFER NO. MS. BALLARD? NO. MS. NEWBIE, NO. WHERE THE PROPERTY OWNER IS PREDICTED FEASTLY AVERT THROUGH SOME OTHER, CAN BE AVERTED THROUGH SOME OTHER METHOD OTHER THAN THE VARIANCE. MR. SCHAFER? NO. MS. BALLARD? NO. MR. DEAN? NO. MR. MOCK? NO. MS. BALLARD, OR I'M SORRY, MS. NEWBIE? NO. WHERE THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENTS WILL BE OBSERVED IN SUBSTANTIAL JUSTICE DONE BY THE GRANTING VARIANCE. MS. BALLARD? YES. MR. DEAN? YES. MR. MOCK? YES. MR. SCHAFER? YES. MS. NEWBIE? YES. MAY I HAVE A MOTION TO APPROVE THE VERS FOR BZA CASE 26 0 7. I'LL MOVE THAT WE APPROVE BZA CASE 26 0 7. I'LL SECOND IT. IT'S BEEN MOVING. SECOND. THAT BZA CASE 26 0 7 BE APPROVED. IS THERE ANY QUESTIONS ON THE MOTION? HEARING NONE OR SEEING NO QUESTION ON THE MOTION. MAD SECRETARY, WILL YOU TAKE THE, THE, UM, VOTE PLEASE. MS. BALLARD? YES. MR. SCHAFFER? YES. MR. DEAN? YES. MR. MOCK? YES. MS. NEWBIE? YES. FIVE TO ZERO. YOUR REQUEST HAS BEEN APPROVED FIVE TO ZERO. SO GET YOU ALSO GET WITH THE STAFF TO SEE WHAT, ANY ADDITIONAL INFORMATION OR STUFF THAT YOU WOULD HAVE TO DO. ALL RIGHTY. SINCE THERE, IS THERE ANY ADDITIONAL BUSINESS? I HAVE NOTHING YET. OKAY. UPCOMING MEETINGS. NOVEMBER THE THIRD AND DECEMBER THE SECOND. SO AT THIS TIME I DON'T HAVE ANY APPLICATIONS, BUT WE'LL LET YOU KNOW. OKAY. SO THE LAST ITEM ON THIS AGENDA. ADJOURNMENT. THANK I MOVE THAT WE ADJOURN. THANK YOU MR. SCHAEFER. ALL RIGHT. WE ARE ADJOURNED TO DEC TO NOVEMBER 3RD. THANK YOU. * 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.