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[00:00:01]

AT ANY TIME WE'RE RECORDING.

OH, OKAY.

[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road April 1, 2020 6:30 P.M.]

I SHOULD HAVE CALLED THE MEETING THOUGH.

THE CITY OF HUBER HEIGHTS BOARD OF ZONING APPEALS TO ORDER.

MADAM SECRETARY, PLEASE CALL THE ROLL.

MR. FLORES.

DEAR MS NEWBIE, MR YO, MR. DEAN.

MR. STEWART.

MR DEANS, UH, MIKE APPEARS TO BE MUTED AGAIN.

WE KNOW THAT HE IS MR. DEAN, WE DIDN'T HEAR A RESPONSE FROM YOU.

THIS MIC IS MUTED.

YOU SEE THAT HE'S PROBABLY GOING TO CALL IN.

HE IS CALLING.

DIDN'T HE CALL HIM? HE DID CALL IN.

HE DID CALL HIM.

YES.

THREE SIX SEVEN 56 73 MR DAME, IF YOU COULD CALL IN ON THE PHONE, WE WERE HAVING SOME TECHNICAL DIFFICULTIES.

FOLKS LISTEN AS THEY WOULD SAY ON TV.

PLEASE STAND BY.

LET'S GO OUT.

LET'S, LET'S MOVE ON.

MR CHAIRMAN, PLEASE.

MAY I HAVE A MOTION TO APPROVE THE AGENDA? I APPROVE.

THIS IS THE FLORA.

THIS IS EVEN NEW, BUT THAT OBJECT CAN GET AGENDA FOR TONIGHT'S MEETING IS APPROVED IN ACCORDANCE WITH THE RULES OF THE BOARD OF ZONING APPEALS.

ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA IS EVENING.

NEEDS TO BE SWORN IN.

I WOULD ASK EVERYONE TO STAND, RAISE THEIR RIGHT HAND AND RESPOND.

I DO TO THE FOLLOWING OATH.

DO YOU EVER BUY SWEAR OR AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.

THIS IS DON MAILLARD.

IS THERE ANYONE ELSE? IF THERE IS, PLEASE STATE YOUR NAME.

CRAIG HARDENED.

METRONET SAYS I DO IN CASE SHE'S NEEDED.

WOULD YOU REPEAT YOUR NAME PLEASE, SIR? CRAIG HARDEN, CRA.

I G H A R D.

I N.

AND I AM WITH METRONET.

THANK YOU GREG.

THANK YOU SIR.

IS THERE ANYONE ELSE? OKAY, WE'LL MOVE ON.

YOU DON'T HAVE THE BUSINESS.

SO WE HAVE NEW BUSINESS, B,Z , A K 20 DASH OLD TO BE HAPPEN AGAIN.

REQUESTING A BARRIER OF THREE.

HE PROMISED THAT REQUIRED 19 FOOT SETBACK FOR A FRONT PORCH CUPBOARD PROPERTY

[00:05:01]

LOCATED AT SEVEN TWO TWO SIX.

THE L PLAIN DRY.

MS MAILLARD.

YES SIR.

I SHALL READ YOU MY STAFF REPORT.

UM, THE APPLICANT CHRISTIAN GAINING AS YOU STATED IS REQUESTING A VARIANCE OF THE CITY OF HEBREW RIGHTS ZONING CODE PERTAINING TO THE CONSTRUCTION OF A FRONT PORCH COVER SECTION 1180 1.04 F REQUIRES 19 FEET OF SEPARATION BETWEEN THE FRONT PORCH COVER AND THE SIDEWALK SLASH RIGHT AWAY.

THE APPLICANT WISHES TO CONSTRUCT HER FRONT PORCH COVERED TO WITHIN 16 FEET OF THE SIDEWALK WHICH IS A THREE FOOT VARIANCE.

THIS SIZE ALLOWS FOR MORE COMPLETE COVERAGE OF THE PATIO.

CITY STAFF RECOMMENDS THE GRANTING OF THIS VARIANCE REQUEST.

OUR ANALYSIS OF THE PROPERTY IS THE LOT IS ABOUT 0.25 ACRES.

THE UTILITY EASEMENTS EXIST ALONG THE WEST, NORTH AND SOUTH PROPERTY LINES.

IT IS A SINGLE FAMILY HOME.

THE PLACEMENT OF THE COVER OF COURSE WILL BE TO THE FRONT OR NORTH SIDE OF THE HOUSE AND THE ENGINEERING DEPARTMENT DID NOT HAVE COMMENTS ON THIS VARIANCE REQUEST.

I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

DO ANYONE HAVE ANY QUESTIONS OR MR MALARKEY IF THERE ARE ANY QUESTIONS FROM THE APPLICANT? WELL, I ASKED THEM ASK FOR A MOTION TO APPROVE THIS BURIED MR .

UH, DO WE HAVE TO CLOSE IT AND THEN DISCUSS? FIRST MR CHAIRMAN, YOU CAN CLOSE THE VARIANCE AND DISCUSS IT WITH YOUR FELLOW OR, OKAY.

I CLOSED THE BCA CASE 20 DASH OH TWO OR FURTHER DISCUSSION FROM THE PANEL.

IS THERE ANY QUESTIONS OR CONCERNS? MR FLORA? MS NEWBY? NO, I DON'T HAVE ANY QUESTIONS OR CONCERNS.

THIS IS MR NEWBIE.

THIS IS MR DE FLORA.

I HAVE NO QUESTIONS OR CONCERNS EITHER.

WELL, WILL YOU EVER MAKE A MOTION? EXCUSE ME? UH, ASK FOR A MOTION TO APPROVE.

I MOVE THAT WE APPROVE THE VARIANCE.

I SECOND.

THIS IS MRS NEWBIE.

THANK YOU.

MR THE FLOOR.

WOULD YOU READ THE VARIANT LEEDS, WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE? YES.

WHETHER THE VARIANCE IS SUBSTANTIAL, NO.

WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER ADJOURNING PROPERTIES WOULD SUFFER A SUBSTITUTE, A SUBSTANTIAL DETRIMENT TO THE RESULT OF THE VARIANTS? NO.

WHETHER THE VARIANTS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL, SUCH AS WATER, SANITARY SEWER OR GARBAGE REMOVAL.

NO.

WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION? YES.

WHETHER THE PROPERTY OWNERS PREDICAMENT FEASIBLY CAN BE OBVIATED THROUGH SOME OTHER METHOD OTHER THAN A VARIANTS? NO.

WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE BE DONE BY GRANTING THE VARIANCE? YES.

THANK YOU.

MADAM SECRETARY, WILL YOU PLEASE CALL THE ROLE MR DE FLORA? YES.

MS NEWBIE? YES.

MR. DEAN? YEAH.

MR. STEWART? YES.

FOUR TO ZERO AND THAT IS APPROVED BCA KS 20 DASH OH TWO NOW WE'LL MOVE ON TO BZA

[00:10:01]

CASE 2003 THE APPLICANT'S CLAIM ADVOCATE CHRISTIAN GEETING IS REQUESTING NOW A VARIANT OF 1.5 FEET FROM THE REQUIRED THREE FOOT SIDE YARD THAT BACK FOR A CARPORT PROPERTY IS LOCATED AT SEVEN TWO TWO SIX BELL DRIVE.

MR MAILLARD? YES.

OUR STAFF REPORT RATES AS FOLLOWS, THE APPLICANT IS REQUESTING A VARIANCE FROM THE CITY OF HUBRIS ZONING CODE PERTAINING TO THE CONSTRUCTION OF THE CAR PORT SECTION 1180 1.04 D REQUIRES THREE FEET OF SEPARATION BETWEEN A CAR PORT AND THE SIDE PROPERTY LINE.

THE APPLICANT WISHES TO CONSTRUCT A CAR PORT TWO WITHIN ONE AND ONE HALF FEET OF THE SIDE.

PROPER DUE LINE.

THE EXISTING DRIVEWAY IS CLOSER THAN NORMAL TO THE PROPERTY LINE AS A RESULT OF THE ORIGINAL GARAGE HAVING BEEN CONVERTED TO LIVING SPACE ALONG WITH CONSTRUCTION OF A DETACHED GARAGE.

CITY STAFF RECOMMENDS THE GRANTING OF THIS VARIOUS REQUEST.

A ANALYSIS OF THE PROPERTY IS AS FOLLOWS, THE LAVA IS APPROXIMATELY ONE QUARTER ACRE.

UTILITY EASEMENTS EXIST ALONG THE WEST, NORTH AND SOUTH PROPERTY LINES.

IT IS A SINGLE FAMILY HOME.

THE PROPOSED CAR PORT WOULD BE ATTACHED TO THE WEST SIDE OF THE HOUSE.

UH, THE ENGINEERING DEPARTMENT DID NOT HAVE COMMENTS ON THIS VARIANCE REQUEST LIKE AN ANSWER.

ANY QUESTIONS YOU MIGHT HAVE.

MR MAILLARD FROM THE STAFF.

UH, I DO.

THIS IS MR DE FLORA.

YES SIR.

UH, THE CAR PORT, IS THAT ON WHAT'S ALREADY THE DRIVEWAY THERE? YES, THERE IS A DRIVEWAY THAT GOES ALONG THE WEST SIDE OF THE HOUSE THAT ENGAGES INTO A DETACHED GARAGE IN THE REAR.

SO THERE IS AN EXISTING DRIVEWAY IN PLACE.

THANK YOU.

YOU'RE WELCOME.

ANY OTHER QUESTIONS, MS NEWBIE? NO, THIS IS MS. NEWMAN.

NO, I DON'T HAVE ANY QUESTIONS.

THERE'S THE DAY.

UH, NO.

I DON'T HAVE ANY QUESTIONS.

IS THERE SOMEONE WISHES TO SPEAK ON BEHALF OF THE APPLICANT? IS THERE ANY QUESTIONS BY THE APPLICANT WITH BZA CASE? 20 FEET? I'M SORRY.

I WILL.

CLOSE CASE BCA 20 DASH OH THREE I NEED A MOTION TO APPROVE MR FLORA.

I MAKE A MOTION TO APPROVE THIS VARIANCE.

MR DIDYMO SECOND.

THANK YOU SIR.

SECRETARY.

OH, I NEED, I'M SORRY.

I NEED YOU TO READ THEM.

GET VARIANTS FIRST PLEASE.

THIS IS MR FLORA.

WHETHER THE PROPERTY IN QUESTION WILL YIELD A RE REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE.

YES.

WHETHER THE VARIANCE IS SUBSTANTIAL.

NO.

WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER ADJOURNING PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT TO THE VARIANTS? NO.

WHETHER THE VARIANTS WOULD BE ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY SEWER OR GARBAGE REMOVAL.

NO.

WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WAS THE KNOWLEDGE OF THE ZONING RESTRICTION.

YES.

WHETHER THE PROPERTY OWNERS PREDICAMENT FEASIBLY CAN BE OBVIATED THROUGH SOME OTHER METHOD OTHER THAN A VARIANCE? NO.

WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE BE DONE BY GRANTING THE VARIANCE.

YES.

THANK YOU.

MADAM SECRETARY, PLEASE CALL THE ROLE MR DE FLORA.

YES.

MS NEWBY? YES.

MR. DEAN.

YES.

MR. STEWART.

[00:15:02]

YES.

UNANIMOUSLY, UH, APPROVED.

NOW WE WILL MOVE ON TO B Z A K S 20 DASH OH FOUR MR CHAIRMAN, I'M SORRY.

SO IF I MAY, UH, MR GATING PLEASE CONTACT ME AS WE DISCUSSED REGARDING OBTAINING, UH, APPLICATIONS FOR YOUR PERMITS AND WE'LL GET THAT TAKEN CARE OF YOU, UH, WITH YOU AS SOON AS POSSIBLE.

UH, THANK YOU MR CHAIRMAN.

PLEASE PROCEED.

THANK YOU SIR.

BZA CASE 20 DASH OH FOUR DID THAT HAPPEN TO GET METRO VIBRANT? THAT IS NOW EXITING.

PLEASE GO AHEAD.

THE APPLICANT, METRO FIBER NET L L STREET IS REQUESTING A VARIANCE TO THE MINIMUM 200 FEET FOOT FRONTAGE REQUIREMENT IN AN AGRICULTURAL ZONING DISTRICT FOR PROPERTY LOCATED AT 62 30 BELL FOUNTAIN ROAD.

MR MILAN .

MR CHAIRMAN, UM, HEY.

YEAH, BUT GETTING METRO TO ADD FIBER NET, IT WILL BE THE CONTRACTOR, THE OWNER OF THE PROPERTY, RICHARD AND MARYLAND'S STORK WHOSE ADDRESS IS 86 75 ALTHOUGH RAILROAD IN NEW CARLISLE, OHIO.

UH, THE REQUEST IS THE APPLICANT IS REQUESTING APPROVAL OF A VARIANCE OF SECTION 1140 2.05 OF THE CITY'S ZONING CODE TO ALLOW FOR A LOT TO SPLIT UP A PARCEL IN AN AGRICULTURAL ZONING DISTRICT, WHICH WOULD ALLOW FOR ONE LOT WITH THE FRONTAGE OF 90 FEET AND ONE LOT WITH THE FRONTAGE 92.83 THE LOCATION OF THE PROPERTY IS 62 30 BELL FOUNTAIN ROAD, HUBER HEIGHTS, OHIO.

BACKGROUND INFORMATION IS AS FOLLOWS, THE APPLICANT IS REQUESTING APPROVAL OF SECTION 1142 OH FIVE AS PREVIOUSLY STATED, THE CITY CODE FOR MINIMUM FRONTAGE OF AN AGRICULTURAL LOT IS 200 FEET, HAS THE REQUEST FOR THE DIMINISHED FRONTAGE.

THE DUNE WILL ALLOW FOR METRO FIBER NET TO CONSTRUCT A PUBLIC UTILITY STRUCTURE FOR A NEW FIBER NETWORK.

THIS WILL BE ESSENTIALLY A, WHAT I WOULD DESCRIBE AS A A A HUT, A BUILDING.

YOU MIGHT TYPICALLY SEE A ASSOCIATED WITH A CELL PHONE TOWER WITH THE ABSENCE OF A CELL PHONE TOWER.

IF I'VE MISSTATED THAT IN ANY OF THE, UH, ATTENDEES THAT ARE THERE REPRESENT THE COMPANY CAN CORRECT ME.

AFTER THIS, UH, STEADY CITY STAFF RECOMMENDS THE GRANTING OF THIS VARIANCE.

THANK YOU.

IS THERE ANY QUESTION OR STAFF, MS THE FLOOR? LET ME PLAY.

MR. DEAN? NO, IT'S NEWBIE.

NO.

IS THERE A PERSON WHO WISHES TO SPEAK ON BEHALF OF THE APPLICANT? I MAKE A MOTION FOR US TO APPROVE.

WELL, I WILL CLOSE BZA K 20 DASH OH FOUR I NEED A MOTION FOR APPROVAL.

IT'S NO BIG.

I MOVE THAT THE CASE BE APPROVED.

B Z OH TWO OH FOUR DASH OH FOUR.

THANK YOU.

CAN I HAVE A SECOND? MR D FEMALES.

OKAY.

YEAH.

THANK YOU MISS YOUR BERETS.

UH, YES I DO.

MR STALLWORTH.

WELL THANK YOU VERY MUCH.

I WILL DO SO WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THEY'RE OKAY, THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE.

YES.

WHEN THE BEAR IS SUBSTANTIATED, NO WHERE THE CHARACTERS OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER A JOURNEY PROPERTIES WAS SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF BARRETT'S.

KNOW WHAT VAST WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICE

[00:20:01]

SUCH AS WATER SEWERS, SANITARY SEWAGE, GARBAGE REMOVAL.

NO.

WHETHER THE PROPERTY OWNER APPROACHED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION.

YES.

WHETHER THE PROPERTY OWNERS PREDICAMENT FEASIBLY CAN BE OBVIATED THROUGH SOME OTHER, SOME METHOD OTHER THAN A BIRDS KNOW WHERE THE SPIRIT IN A TENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DUG BY GRANTING THE SPIRITS.

YES.

THANK YOU.

MS NEWBY, WILL YOU PLEASE GET OFF THE ROAD? MR DEFLORA? YES.

MS NEWBIE? YES.

MR. DEAN? YES.

MR. STEWART .

YES, THANK YOU.

UH, EASY ECA CASE 20 DASH OH FOUR IS APPROVED.

MR MALARA, YOU CAN CONTACT THEM TO LET THEM KNOW AND NECESSARY THINGS THAT THEY NEED TO GET WITH YOU ON.

YES, SIR.

WILL DO.

AND THANK YOU.

UM, THERE IS NO ADDITIONAL BUSINESS, UM, APPROVAL OF MINUTES, BUT DOLLAR OBJECTION.

THE MINUTES FROM MARCH THE FOURTH 2019 BZA MEETINGS ARE APPROVED.

THE UPCOMING MEETING THAT WE HAVE IN IS IN MAY, MAY THE SIX AND WEDNESDAY, JUNE THE THIRD.

AND YOU KNOW, IF SOMETHING COMES UP, WE ALL KNOW WHAT WE'RE GOING THROUGH.

I'M QUITE SURE MR MONARCH OR JERRY WOULD CONTACT US AND LET US KNOW.

YES, SIR.

BEFORE IT GROWS.

UH, UH, JERRY, ONE OF THE PAPERWORK THAT YOU HAVE FOR ME TO SPY, UM, HOW DO YOU WANT YOU TO DO THIS? WE'RE GONNA HOLD IT UNTIL NEXT MONTH.

OKAY.

DO YOU WANT ME TO HOLD ON TO IT? YES, I WILL HOLD IT UNTIL NEXT MONTH.

OKAY.

OKAY.

YOU HOLD THAT COPY.

OKAY.

I UNDERSTAND.

OKAY.

THANK YOU.

IS THERE ANY OTHER THINGS THAT WE NEED TO GO THROUGH? I MOVED TO ADJOURN.

I SECOND THIS.

MS NEWBIE.

LET'S DO THE FLORA WITHOUT ANY FURTHER.

WITHOUT ANY FURTHER ADO, WE ADJOURN.

GOOD WORK EVERYONE.

THANK YOU MS MILAD AND JERRY.

THANK YOU ALL.

BE SAFE.

BE SAFE TOO.

* This transcript was compiled from uncorrected Speech-to-Text.