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[00:00:01]

I MOVE INTO GENDER FOR

[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road July 8, 2020 6:30 P.M.]

JULY 8TH, 2020 VIEW PRO WITHOUT OBJECTION.

YOUR AGENDA FOR TONIGHT'S MEETING IS APPROVED.

NOW WE GO DO THE SWEARING IN OF THE WITNESSES, 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 THIS EVENING NEEDS TO BE SWORN IN IT.

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

I DO TO THE FOLLOWING OATH.

DO YOU HEAR BY SWEAR OR AFFIRM? I'M SORRY.

ALL RIGHT.

THAT'S OKAY.

DO YOU HEREBY SWEAR OR AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD, ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER THE CASE REVIEW AND STAFF REPORT, PLEASE STEP TO THE PODIUM, SPELL YOUR NAME FOR THE RECORD BUSINESS.

BEING THAT WE DON'T HAVE ANY OLD BUSINESS.

WE GOING TO GO RIGHT INTO THE NEW BUSINESS BZA CASE 2005, THE APPLICANT SCOTT DEVIN DAVID'S SON IS REQUESTING A VARIANCE TO ADD A SHED TO THE PROPERTY FOR MAINTENANCE OF THE PROPERTY.

PROPERTY IS LOCATED AT 45 70 CHAMBERSBURG ROAD.

MR. MAILLARD.

WELL, GOOD EVENING, EVERYONE.

GOOD EVENING.

GLAD TO SEE EVERYONE BACK.

HEALTHY.

HAPPY.

YES.

THANK YOU.

UM, AS YOU STATED, UH, THE DAVIDSON'S ARE REQUESTING A VARIANCE.

THE APPLICATION IS A VARIANCE OF THE UBAR ZONING CODE PERTAINING TO THE CONSTRUCTION OF AN ACCESSORY BUILDING SECTION 1120 3.02, WHICH ARE OUR DEFINITIONS.

STIPULATES.

A PRINCIPLE STRUCTURE MUST EXIST TO ALLOW AN ACCESSORY STRUCTURE TO BE BUILT.

IN OTHER WORDS, ON THE NORMAL CIRCUMSTANCES, YOU WOULD NEED A HOUSE TO HAVE AN ACCESSORY STRUCTURE.

YES, THE APPLICANT WISHES TO CONSTRUCT A STORAGE BUILDING ON PROPERTY THAT HAS DIRECTLY ADJACENT AND CONNECTED TO THE RESIDENTIAL PROPERLY PROPERTY.

ALL THOSE SEPARATELY, PARCELED AND ADDRESS THE LAKE PROPERTY IS WE'VE CALLED IT IS UNDEVELOPED AND DOES NOT CONTAIN THE REQUIRED PRINCIPLE STRUCTURE.

THE BUILDING WILL ALLOW STORAGE OF MAINTENANCE EQUIPMENT, ET CETERA.

CITY STAFF HAS NO ISSUE WITH THE GRANTING OF THIS VARIANCE REQUEST.

UH, ANALYSIS OF THE PROPERTY IS IT'S ABOUT FIVE AND A HALF ACRES.

UTILITY EASEMENTS EXIST.

STAFF RECOMMENDS CALLING EIGHT ONE ONE PRIOR TO CONSTRUCTING ANY BUILDING.

THIS, THE UTILITY EASEMENT IS ON THE NORTH EAST CORNER OF THE PROPERTY.

WELL AWAY FROM THE PROPOSED BUILDING SITE.

OKAY.

IT'S SANITARY SEWER, BUT WE ALWAYS RECOMMEND DIALING EIGHT ONE, ONE THEY'LL COME OUT, LOCATE EVERYTHING FOR FREE.

ALRIGHT.

UH, THE STRUCTURE IS A STORAGE BUILDING HAS STATED, UH, IT IS WELL OUT OF THE RIGHT OF WAY AND AT LEAST FIVE FEET FROM ANY PROPERTY LINES ENGINEERING DEPARTMENT DID NOT HAVE ANY COMMENTS ON THE VARIANCE.

YOU'LL SEE.

THERE'S A MAP INCLUDED WITH YOUR PACKET THAT SHOWS YOU, UH, THE SITE AS IT EXISTS.

I'LL HAVE TO ANSWER ANY QUESTIONS YOU HAVE.

THANK YOU, SIR.

UM, ARE THERE ANY QUESTIONS FROM THE, UH, FOR THE STAFF NEWBIE? NO QUESTIONS, NO QUESTIONS, NO QUESTIONS.

IS THERE ANYONE WHO WISHES TO SPEAK ON BEHALF OF, OF THE APPLICATION DID Y'ALL NEED TO SPEAK OR WAS IT OKAY? OKAY.

ALRIGHT.

WELL, I'M ASKING FOR A MOTION TO APPROVE.

I MOVE THAT WE APPROVE THE REQUEST OF BZA K 2005 OH FIVE,

[00:05:01]

MR. OR MRS. NEWBERRY, WILL YOU PLEASE READ THE VARIANCE FOR ME PLEASE? CLOSE AT FIRST.

OH, OKAY.

I'M SORRY.

YEAH.

UM, YEAH, I DID.

YEAH, NO, I, UH, I CLOSED THIS CASE AFTER THEY'VE BEEN APPROVED NOW.

I'M SORRY, MS. NEWBY, WOULD YOU PLEASE READ THE VARIOUS, PLEASE? I WILL DO IT.

WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE IN A BENEFICIAL USE OF THE PROPERTY WAY OUT THE VARIANCE.

YES.

WHERE THE VARIANCE IS SUBSTANTIATED.

YES.

WHERE THE CENTRAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER A JOURNEY PROPERTY WILL SUFFER SUBSTANTIAL DETRIMENT AS A RESULT OF THERE IS NO.

WELL, THE VARIOUS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENT SERVICE, SUCH AS WATER, SANITARY, SEWER, OR GARBAGE REMOVAL.

NO.

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

NOW WHETHER THE PROPERTY OWNER PREDICAMENT FEES BELIEVE WELL, I BETRAYED THROUGH METHODS OTHER THAN A VARIANCE.

NO.

WELL, THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WILL BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIANCE.

YES.

THANK YOU.

MADAM SECRETARY, PLEASE CALL THE ROLL.

MR. FLORA.

YES.

IT'S NEWBIE.

YES.

MR. DEAN.

YES.

MR. STEWART.

YES.

VCA CASE 2005 HAS BEEN APPROVED NOW WITH THE MOVE TO BZA CASE 2006, THE APPLICANT MICHAEL THOMPSON IS REQUESTING A VARIOUS TO ADD A SHED TO DECIDE OF THE PROPERTY.

PROPERTY IS LOCATED AT 77 19 SPRUCE HILL COURT.

MR MALARA PLEASE.

YES, SIR.

A STAFF REPORT READS AS FOLLOWS.

THE APPLICANT IS REQUESTING A VARIANCE OF THE CITY OF HUBER HEIGHTS ZONING CODE PERTAINING TO THE PLACEMENT OF AN ACCESSORY BUILDING SECTION 11, THE 91.01 STIPULATES QUOTE, AN ACCESSORY STRUCTURE MAY BE PERMITTED IN ANY REAR YARD AND NOT WITHIN FIVE FEET OF THE SIDE AND REAR PROPERTY LINES.

IT SHALL BE AT LEAST FIVE FEET FOR MANY PERMANENT STRUCTURE.

OKAY.

THE APPLICANT WISHES TO REPLACE AN EXISTING NONCONFORMING STORAGE BUILDING BY PLACING A NEW BUILDING IN THE SAME LOCATION AT THE SIDE OF THE HOUSE.

AS YOU WILL SEE ON YOUR MAP, THE EXISTING BUILDING HAS NO PERMIT ON RECORD.

THEREFORE STAFF'S KNOWLEDGE OF CURRENT LOCATION WILL NOT HAVE BEEN PREVIOUSLY APPROVED.

THE APPLICANT HAS SUBMITTED AN APPLICATION TO THE CITY FOR THE PROPOSED BUILDING LOCATION.

AND THE SIDE YARD WILL ALLOW THE BUILDING TO BE PLACED OUTSIDE OF A UTILITY EASEMENT.

STAFF HAS NO ISSUE WITH THE GRANTING OF THIS VARIANCE PROPERTY ANALYSIS AS FOLLOWS A LOT OF US APPROXIMATELY 0.2, FIVE ACRES, UTILITY EASEMENTS EXIST ALONG THE NORTH AND EAST PROPERTY LINES.

THE EAST EASEMENT PROJECTS, 10 FEET INTO THE REAR YARD.

THERE ARE NO CITY UTILITIES AFFECTED.

THE STRUCTURE WILL BE A STORAGE BUILDING LOCATED IN THE SIDE YARD TO THE SOUTH.

YEAH, THE ENGINEERING DEPARTMENT DID NOT HAVE COMMENTS ON THIS VARIANCE REQUEST.

I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE FOR THE RECORD MR. CHAIRMAN, WE HAVE RECEIVED ONE LETTER IN SUPPORT.

I DON'T THINK THERE'S ANY NEED TO READ INTO THE RECORD UNLESS YOU SOLE WISH.

UH, THERE, THERE IS.

IF THERE'S NO, UH, NO COMPLAINTS AS FAR AS NOT WANTING THIS TO GO THROUGH.

OKAY.

UM, IS THERE ANY QUESTIONS FROM THE STAFF? THIS IS GOING ON AN EXISTING FOUNDATION THEN? I DON'T KNOW.

MY, I ASSUME IT PROBABLY OWNS ARE GOING TO BE PLACED WHERE THE EXISTING SHED IS.

I MEAN, WE DON'T HAVE A REQUIREMENT FOR A FOUNDATION AT AN ACCESSORY BUILDING, BUT THE UNDERSTANDING OF THAT WITH THE POSITION OF THE SWIMMING POOL, ET CETERA, IN THE YARD, CONSIDERING THIS SHED APPEARS NOT TO HAVE HAD A PERMIT.

THAT'S NOT WHOLLY UNCOMMON IN THE CITY.

RIGHT.

UM, IT SEEMS TO ME IT'S REASONABLE TO PUT IT WHERE THE EXISTING ONE IS.

IS THERE ANYONE WOULD LIKE TO SPEAK IN REGARDS TO, YES.

MA'AM PLEASE COME UP.

STATE YOUR NAME.

LINDA CAMPBELL, C A M P B E L L.

WE LIVE

[00:10:01]

NEXT DOOR AND WE DIDN'T HAVE ANY OBJECTIONS TO THE SHED GOING UP.

OKAY.

WELL THANK YOU.

MA'AM THANK YOU, SIR.

I ASKED FOR A MOTION TO APPROVE.

I, UH, I APPROVE THE MOTION IN A SECOND.

I'LL SECOND.

IT WAS THE FLOOR.

THE BARRIERS SIDE, WHETHER THE PROPERTY IN QUESTION WILL RE YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BIT BENEFIT, 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 OF THE VARIANCE.

NO, WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY, SEWER, OR GARBAGE REMOVAL.

NO.

WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THESE ZONING RESTRICTION.

YES.

WHETHER THE PROPERTIES 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.

GRANTING THE VARIANCE.

YES.

MR. DEAN.

YES.

MR. DEFLORA.

YES.

MS. NEWBIE.

YES.

MR. STEWART.

YES.

CASE 2006 HAS BEEN APPROVED.

WE'RE GOING TO MOVE ON TO THE NEXT CASE.

BZA CASE 2007.

THE ADVOCATE DAVEY EBY IS REQUESTING A VARIANCE FOR A POLE BARN, NOT BEHIND THE HOUSE PROPERTY LOCATED AT 78 94 CHAMBERSBURG ROAD.

MR. MALAR.

YES.

STAFF REPORT READS AS FOLLOWS AS STATED.

THE APPLICANT IS REQUESTING A VARIANCE OF THE CITY OF UBERIZED ZONING CODE PERTAINING TO THE PLACEMENT OF AN ACCESSORY BUILDING SECTION 1190 1.01 STIPULATES QUOTE, AN ACCESSORY STRUCTURE MAY BE PERMITTED IN ANY REAR YARD AND NOT WITHIN FIVE FEET OF THE SIDE AND REAR PROPERTY LINES.

IT SHALL BE AT LEAST FIVE FEET FROM ANY PERMANENT STRUCTURE.

THE APPLICANT WISHES TO CONSTRUCT A LARGE POLE BARN.

MY CALCULATIONS, 2,880 SQUARE FEET FORWARD.

AND TO THE SIDE OF THE HOUSE, THIS IS A LARGE, RELATIVELY SECLUDED LOT.

THE BUILDING WOULD BE WELL OVER 400 FEET OFF OF THE ROAD AND 25 FEET FROM THE CLOSEST ADJACENT PROPERTY CITY STAFF HAS NO ISSUE WITH THE GRANTING OF THIS VARIANCE PROPERTY ANALYSIS IS IT'S APPROXIMATELY 11 ACRES.

UTILITY EASEMENTS ARE NOT IMPACTED.

THE STRUCTURE IS A POLE BARN.

YOU WILL BE LOCATED NORTHEAST OF THE HOUSE.

THE ENGINEERING DEPARTMENT DID NOT HAVE ANY COMMENTS ON THIS VARIANCE REQUEST.

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

DO WE HAVE ANY QUESTIONS FOR STAFF AND THERE'S NO QUESTIONS.

DO YOU HAVE ANY THING THAT YOU WANTED TO HAVE? ANY QUESTIONS YOU HAVE FOR THE APPLICANT? OKAY.

BANDERA NONE.

WHAT DO YOU THINK IT WOULD BE? I THINK WE NEED TO GO AHEAD AND APPROVE IT.

WHAT'S THE DAME.

WOULD YOU MAKE THE APPROVAL? WE NEED TO MAKE A MOTION.

I NEED TO MAKE A MOTION.

I MAKE A MOTION THAT WE APPROVE THE VARIANCE FOR MR. DB.

YOU READ THE VARIOUS, PLEASE, SIR.

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

WHETHER THE VARIANCE IS SUBSTANTIAL.

NO, WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY

[00:15:01]

ALTERED OR WHETHER A JOINED PROPERTIES WOULD SUFFER US AS SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.

NO, WHETHER THE VARIANCE WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES, SUCH AS WATER, SANITARY, SEWER, OR GARBAGE REMOVAL.

NO.

WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION, WHETHER THE PROPERTY OWNERS PREDICAMENT FEASIBLY CAN BE OBVIATED THROUGH SOME METHOD OTHER THAN A VARIANCE.

NO.

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

YES.

THANK YOU, SIR.

MADAM SECRETARY, WILL YOU PLEASE CALL THE WORLD MS. NEWBIE? YES.

MR. D YES.

MR. FLORA.

YES.

AND MR. STEWART.

YES.

BZA CASE 2007 HAS BEEN APPROVED.

I JUST WANT TO TELL Y'ALL I WASN'T LOOKING FOR THE BARN I WANTED.

I WAS TRYING TO FIND IT.

I COULDN'T SEE, I COULDN'T GET THE MEASUREMENTS OF WHERE IT WAS LOCATED, BUT WHEN I WENT DOWN TO WHERE HIS ASS, I WAS LIKE, IT HAS TO BE FAR OFF THE ROAD.

CAUSE I COULDN'T SEE IT RIGHT OFF A TABLE.

JUST WANT Y'ALL TO KNOW THAT.

ALL RIGHT.

WE'RE GOING TO MOVE ON ANY ADDITIONAL BUSINESS BEING THAT THERE IS NONE.

I NEED TO MAKE IT A MOTION FOR APPROVAL OF THE MINUTES WITHOUT OBJECTION, MINUTES FROM THE APRIL 1ST, 2020 VCA MEETINGS.

I MOVE THAT THE MINUTES FROM THE APRIL MEETING, 2020, WE CA CAN BE APPROVED.

THANK YOU.

DO WE HAVE ANYTHING ELSE WE NEED TO COVER? THE NEXT MEETING? THE NEXT MEETING WILL BE IF ALL GOES WELL, IT'LL BE THE 5TH OF AUGUST, 20, 20 WEDNESDAY, SEPTEMBER, AND THEN SEPTEMBER THE SECOND.

SO WE GOT TO AUGUST 5TH, 20, 20, AND WEDNESDAY, SEPTEMBER THE SECOND.

ANY COMMENTS OR CONCERNS? ALL RIGHT.

THANK YOU.

WELL, BEING THAT WE'VE COVERED ALL THE THREE BZA CASES AND THANK YOU, MR. MALARKEY FOR YOUR, YOUR ATTENTIVENESS, SIR.

UM, I'M GOING TO MAKE A MOTION.

I SECOND THAT MOTION.

THANK YOU EVERYONE.

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