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YEAH,

[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road August 5, 2020 6:30 P.M.]

[00:00:04]

I STILL CALL THE MEETING OF THE CITY HEIGHTS BOARD OF ZONING APPEALS TO ORDER NOW THE SECRETARY, PLEASE CALL ME MR. MR. DEAN, MR. STEWART, MAY I HAVE A MOTION TO APPROVE THE AGENDA, BUT TONIGHT THE GENDER FOR AUGUST 5TH, 2020, BE APPROVED WITHOUT ANY OF THAT CAN GET IN LIKE MEETING IT'S A POOL SWIRLING WITNESSES.

WE HAVE ALL THREE, UM, REPRESENTATIVES.

IT WOULD APPEAR.

WE HAVE AT LEAST THREE PARTICIPANTS THAT TOO, BUT MY ASSUMPTION AND WE HAVE ALL PARTICIPANTS WE CAN ANTICIPATE YESTERDAY.

ALL RIGHT, THANK YOU.

I HAVE DISTORTED THE WITNESSES IN AND WHEN I FINISHED STATE, I DO 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 FOR TONIGHT NEEDS TO BE SWORN IN.

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

WE SPEAK TONIGHT.

I NEED YOU IN REGARDING TO YOUR CASE, PLEASE STATE YOUR NAME AND YOUR ADDRESS.

OKAY.

THERE IS NO OWN BUSINESS.

AND SO WE'RE GOING TO GO ON TO THE NEW BUSINESS AND WE'RE GOING TO START OFF THIS AFTERNOON WITH BEES DA CASE 20 ZERO EIGHT APPLICATE AND BAR CUPO IS REQUESTING A VARIANCE.

I WAS THINKING 1180 ONE.ZERO FOUR EIGHT TO ALLOW SIX TB PETE.

HI.

HI BOY, REAR PATIO, PUBLIC PROPERTY LOCATED AT .

LET ME BUSH, MRS. MILAN.

YES, SIR.

THANK YOU, MR. STEWART.

GOOD EVENING, EVERYONE.

I HOPE EVERYONE'S DOING WELL.

GOOD EVENING.

UH, AS STATED, UH, THE, UH, APPLICANT AT 60 96 BUTTON BUSH STREET AS REQUESTING THE VARIANCE OF THE SUPER HEIGHTS, CERTAIN CODE FOR CONSTRUCTION OF A REAR PATIO COVER IT IS A RESIDENTIAL PROPERTY ZONE AS A PLAN MIXED USE.

UH, ALL ADJACENT PROPERTIES ARE ZONED AS WELL.

PLAN MIXED USE, AND THEY'RE ALL RESIDENTIAL.

UH, I'LL READ MY STAFF, REPORT US AS WRITTEN AND YOU ALL HAVE A COPY OF IT.

THE APPLICANT IS REQUESTING A MERITS OF THE CITY OF NEW BRIAN'S ZONING CODE PERTAINING TO THE CONSTRUCTION OF A RARER PATIO COVER SECTION 1180 1.04 ISH LIMITS THE HEIGHT AND THE PATIO COVER TO 14 FEET ABOVE GRADE.

THE APPLICANT WISHES TO CONSTRUCT A REAR PATIO COVER OF 16 FEET IN HEIGHT TO MATCH AN EXISTING WORTH LINE, WHICH WERE REQUIRED.

TWO FOOT PERIODS.

THIS HIGH ALLOWS FOR MORE CONSISTENT APPEARANCE AND ALLOWS ATTACHMENTS TO THE EXISTING ROOF LINE.

SO THE STAFF HAS NO ISSUE WITH THE GRANTING THAT THIS VARIOUS REQUEST, A STAFF ANALYSIS AS FOLLOWS THE LAW IS APPROXIMATELY A QUARTER ACRE.

A UTILITIES WILL NOT BE IMPACTED THIS, THE SINGLE FAMILY HOME

[00:05:01]

AND THE PLACEMENT OF THE STRUCTURE WILL BE ATTACHED TO THE REAR OF THE HOUSE.

AND THE ENGINEERING DEPARTMENT HAD NO COMMENTS ON THIS VARIOUS.

I WOULD HAPPY TO ENTERTAIN ANY QUESTIONS YOU MIGHT HAVE WITH NEWBIE.

YOU HAVE ANY QUESTIONS, MS. FLORA? NO QUESTIONS, MR. D NO QUESTION, SIR.

DOMINIC QUESTION I HAD FOR YOU, MR. .

THEY WERE SAYING AS FAR AS THE CONSISTENCY OF THE ROOFING.

YES.

UH, THAT WAS, THAT WAS SOMETHING THAT YOU ACTUALLY, UM, SMALL, AS FAR AS HOW IT WAS GOING TO BE DESIGNED TO, YOU KNOW, FOR THE PURPOSE OF THEM ACTUALLY WANTING TO SIX, 16 FEET.

YES.

WHAT THEY WANT TO DO WITH THE REAR OF THE PROPERTY HAD SAY BOB OUT AND TO MATCH THE HEIGHT OF THE EXISTING WORLD WIDE.

SO IT DOESN'T LOOK LIKE IN TWO-STAGE ROW FOUR, WHICH WOULD BE A VERY ODD APPEARANCE.

YES.

BY RAISING IT TWO FEET, THEY CAN EXTEND THAT ROOF LINE INTO THE RARE, MATCH IT WITH THE EXISTING BREAKFAST AND HOOK THAT'S ON THE BACK OF THE HOUSE AND HAVE A VERY CONSISTENT LOOK FOR THE REAR OF THE HOUSE I WOULD BUY, BUT I DIDN'T WANT TO GO INTO PROPERTY, BUT YES, I KNEW THAT ANSWER FOR ME.

THANK YOU.

IS THERE ANY MORE QUESTIONS? WE'D ADVOCATE LIKE TO SAY ANYTHING IT'S NOT DENIED? I WOULD LIKE TO MAKE A MOTION FOR US TO APPROVE IT.

CAN I GET A SECOND TO ASK FOR SOMEONE ELSE TO MAKE THE MOTION? OKAY.

I'LL MAKE A MOTION FOR, I'M SORRY.

YOU HAVE TO MAKE A MOTION TO APPROVE.

I MAKE A MOTION THAT WE APPROVE THE ZONING VARIANCE.

16 FEET.

THANK YOU.

THANK YOU.

IT WAS THE FLOOR.

WAS THE FLOOR.

WOULD YOU READ THE VARIOUS PLEASER? WHAT IS THE PROPERTY IN QUESTION? WERE YOU ON A REASONABLE RETURN OR WHETHER THERE COULD BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANCE? YES.

WHETHER THE VARIANCE IS SUBSTANTIAL.

YES.

WHERE ARE THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY OLDER OR WHETHER ADJOINING PROPERTIES WOULD SUFFER A SUBSTANTIAL RESULT OF THE VARIANCE? NO.

ONE OF THE VARIANTS WOULD ADVERSELY AFFECT THE OF GOVERNMENT SERVICES SUCH AS WATER, SANITARY, SEWER, OR GARBAGE REMOVAL.

NO.

WHEN THE PROPERTY OWNER PURCHASED THE PROPERTY WITH KNOWLEDGE OF THE ZONING RESTRICTIONS, WHEN THE PROPERTY OWNERS PREDICAMENT, FEASIBLY CAN BE OBVIATED THROUGH SOME METHOD, OTHER THAN A VARIANCE, NO ONE OF THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE ABSURD IN SUBSTANTIAL JUSTICE.

YES.

THE SECRETARY, WOULD YOU PLEASE CALL THE ROLE? OKAY.

BEFORE WE CALL THE ROLL, I WANT TO VERIFY MR. DEEN MADE A MOTION, MR. JEFF LAWRENCE SECOND.

YES.

YES.

OKAY.

ALRIGHT.

SO NOW WE'RE GOING TO VOTE, MS. YES.

OKAY.

YES, YES, YES.

THANK YOU.

UH, FOR THE ZERO, UM, BZA CASE 20 DASH OH EIGHT HAS BEEN NOW WE'LL MOVE ON TO BZA CASE.

THE APPLICANT.

ARCA DECK IS LISTING A VARIANT OF THE COLLECTION, LOVING 81 DOT OH FOUR H TO ALLOW 18 EAT.

I BORE A NOONER COURT PROVINCE LOCATED

[00:10:01]

AT FOUR FLAG.

YES.

UH, AGAIN, THIS IS A RESIDENTIAL PROPERTY, UH, ZONE PLAN MAX, AS ARE ALL OF THE SURROUNDING PROPERTIES.

ALL RESIDENTIAL, UH, STAFF REPORT READS AS FOLLOWS.

UH, THE APPLICANT IS REQUESTING A VARIANCE OF THE CITY OF NEW BRIDE ZONING CODE PERTAINING TO THE CONSTRUCTION OF A REAR PATIO COVER SECTION 1180 1.04 AGE LIMITS THE HEIGHT OF THE PATIO COVER TO 14 FEET ABOVE GRADE.

THE APPLICANT WISHES TO CONSTRUCT THE REAR PATIO COVER OF 18 FEET HEIGHT TO IMAGINE EXISTING WORK, WHICH WILL REQUIRE FOUR FOOT MERITS.

THIS HEIGHT ALLOW FOR MORE CONSISTENT APPEARANCE, EXISTING GROWTH LINE.

SO THE STAFF HAS NO ISSUE WITH THE GRANTEE OR THE EXPERIENCE REQUEST.

OUR STAFF ANALYSIS IS QUARTER ACRE, A UTILITY EASTERN US, AND WILL NOT BE ACTED.

THIS IS THE SAME FAMILY HOME OR AT THE STRUCTURE AT THE REAR OF THE HOUSE AND THE ENGINEERING DEPARTMENT THAT I'D HAVE COMMENTS ON SCENARIOS.

LAST TAKE ANY QUESTIONS YOU HAVE ABOUT THE STUDY.

IS THERE ANY QUESTIONS FOR STAFF THE FLOOR? YEAH.

WHERE EXACTLY IS THE PATIO GOING TO BE COVERED? BECAUSE I'M SEEING, I'M SEEING THAT IT'S PEAKED IN THE BACK AND THEN FROM THE, THAT WE'VE GOT MR. CORNET, ARE YOU GOING RIGHT? YES, I'M HERE.

UM, MY ARCHITECT REP I THINK IS ON HERE AS WELL.

I AM TIM STEVENS WITH ONLINE.

LET'S JUST SAY THAT'S A QUESTION FROM A BOARD MEMBER IS WHERE EXACTLY THE ATTACK WILL TAKE PLACE ON THE PATIO COVER AT THE 18.

YEAH, A, UH, A ROOM TIE IN OVER TOP OF IT BEING A DECK THAT WE HAD BUILT A COUPLE YEARS AGO FOR MR. CORONETS, THE PROPERTY DROPPED OFF IN THE PAN AND WHERE THAT'S, WHAT WE NEED AS THE HEIGHT REQUIREMENT.

AND THE, IT IS ON THE BACK OF THE HOUSE.

ON THE LEFT HAND SIDE WHERE I AM, IT DOES NOT TAKE OUT BEYOND THE, UH, EXISTING STRUCTURE, RICH STACK ABOVE THE THING RANGE.

OKAY.

THANK YOU.

ANY MORE QUESTIONS OR CONCERN? I MAKE A MOTION TO APPROVE AND I GET A SECOND.

THE MOTION WHEN YOU READ IT, IT'S POLICEMEN, SHOULDN'T IT? I DON'T WANT TO BE READ BY THE ONE TO MAKE THE MOTION.

THAT IS CORRECT.

THAT'S CORRECT.

I'LL START WHETHER THE PROPERTY QUESTIONS WILL YIELD A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE MARRIOTT'S.

YES.

WHETHER THERE'S A VARIANCE IS SUBSTANTIAL.

NO.

WHETHER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER IT'S TURNING PROPERTIES, BUT SUFFERS SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANCE.

NO, WHETHER THE VARIANCE WOULD BE AT FIRSTLY, THE FACT THAT DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY, SEWER, OR GARBAGE REMOVAL.

NO, BUT THEN THE PROPERTY OWNER PURCHASED THE PROPERTY, LOOKING AT KNOWLEDGE OF THE ZONING RESTRICTION, WHETHER THE PROPERTY OWNER REDO YOUR MINT PEACEABLY AND BE OBVIATED THROUGH SOME OTHER METHODS.

OTHER THAN THE VARIANTS KNOW WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED IN SUBSEQUENT TRIP VERSUS PECAN PROBABLY CREATE A PIECE OF THE VARIOUS YES.

MADAM SECRETARY, THE OTHER ROW.

MR. DEAN.

MISS NEWBIE.

YES.

MR. DEFLORA.

[00:15:01]

YES.

AND MR. STEWART.

YES.

THANK YOU.

BZA CASE 20 SAID THAT'S PRETTY BAD.

I WAS ASKING YOU WHICH POINT DID WE, I HAVE WHAT THE LAST ONE IS, UH, BZA CASE, UH, 2010, CORRECT.

EASY.

STEVEN STAIN IS REQUESTING A VARIANCE OF SECTION 11.74 TO ADD REAR ADDUCED.

YOU ATTACH THE ROCK.

THE PROPERTY IS LOCATED AT 43 ROLL APPEAL BY MS. ARD, SIR.

UM, 64 43 GROVE HILL DRIVE AS A RESIDENTIAL PROPERTY IS ZONED ARE FOR SINGLE FAMILY AS ARE ALL OF THE SURROUNDING PROPERTIES.

UH, THE APPLICANT HAS REQUESTED TO EMBARRASS WITH THE 16 AND A HALF OF 16.5 FEET FROM THE REQUIRED 40 FOOT DEPTH, UH, SEARCH IN 1147 OH FOUR REQUIRES A REAR YARD DEPTH OF 40 FOOT FOUR.

ANY PRINCIPLES STRUCTURE IN THIS CASE, THAT WOULD BE THE HOUSE.

UH, THE GARAGE ADDITION, WHICH IS ATTACHED GARAGE BECOMES PART OF THE HOUSE WHEN THE GARAGE IS EXTENDED, THEREFORE IT MUST BE THE REQUIRED REAR YARD DEPTH FROM FOUNDATION TO REAR PROPERTY LINE, A VARIANCE OF 16 AND A HALF FEET ALLOWS THIS ADDITION WHILE MAINTAINING AN AMPLE REAR YARD, 23 AND A HALF FEET FROM THE GARAGE TO THE REAR PROPERTY LINE.

AND OF COURSE THE JORDY OF THE HOUSE, 40 REAR IS NOT EFFECT.

SO WE STILL MAINTAIN THAT.

UH, SO THE STAFF HAS NO ISSUE.

THE GROUND IS VERY TO REQUEST A SURVEY ANALYSIS IS, AND THE LOT IS APPROXIMATELY QUARTER ACRE, UTILITY EASEMENTS, EXISTING ALONG ALL PROPERTY LINES.

OBVIOUSLY THEY WILL NOT BE IMPACTED BY THIS CONSTRUCTION.

IT'S A SINGLE FAMILY HOME AS PREVIOUSLY STATED THE PLACEMENT WILL BE EXTENDED FROM THE NORTH.

THE FOUNDATION OF THE EXISTING GARAGE ENGINEERING DEPARTMENT DID NOT HAVE ANY COMMENTS ON THIS VARIANCE REQUEST.

I'LL ENTERTAIN ANY QUESTIONS YOU MAY HAVE.

THANK YOU, SIR.

DO ANYONE HAVE ANY QUESTIONS? IT'S NEW BIG, MR. D NO, SIR.

THIS IS THE FLOOR.

YOU KNOW, THE EXTENSION.

IS THAT GOING OVER NEW FOUNDATION OR FOUNDATION THAT'S ALREADY THERE AND IT'S JUST SAYING KNOWLEDGE TO ANSWER THAT QUESTION, SIR, WOULD THAT HAVE TO BE REMOVED AND THEN THERE'LL BE A NEW FOUNDATION SUPPORTING THE EXTENSION.

I'M ASSUMING WHEN THAT'S BUILDING PROPER DRAINAGE WILL BE PLACED.

YOU DO HAVE A NEIGHBOR WITH THE SURE.

I'LL MAKE A MOTION TO APPROVE THE EXTENSION.

I'LL SAY, OKAY.

MR. D WILL YOU PLEASE ONE OF THE PROPERTY IN QUESTION WHERE YOU WANT A REASONABLE RETURN OR WHETHER THERE CAN BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT VARIANCE,

[00:20:01]

WHETHER THE PERIOD IS SUBSTANTIAL OR THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD SUBSTANTIALLY RESEARCH SUBSTANTIALLY ALTERED, WHETHER IT'S 20 PROPERTIES OR SUFFERED A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIOUS? NO, WHETHER THE VARIANCE, WHATEVER WE AFFECT GOVERNMENTAL SERVICES, SUCH AS WATER, SANITARY, OR GARBAGE REMOVAL, WHERE THE PROPERTY OWNER PURCHASED THE PROPERTY KNOWLEDGE RESTRICTION.

YES.

WILL THE PROPERTY OWNERS PREDICAMENT THESE? WE CAN BE OBVIATED OTHER THAN A VARIANCE, WHETHER THE SPIRIT BEHIND BE OBSERVED.

YES.

THANK YOU, SIR.

SECRETARY, WILL YOU CALL THE ROW? ALL RIGHT.

MS. NEWBIE, KEEP MOVING YOU OUT.

YES.

MR. FLORA.

YES.

MR. DEAN AND MR. STEWART.

THANK YOU.

THAT'S BZA CASE 2010.

THEN PROVE THE ADVOCATE CAN VARY BY TONY.

IT'S BEEN APPROVED.

THANK YOU, SIR.

THERE ARE NO ADDITIONAL BUSINESS.

NO, WAIT A MINUTE, MR. CHAIRMAN, IF I MAY, YOU GET ALL OF THE APPLICANTS, I KNOW WE HAVE AT LEAST ONE APPLICATIONS WE NEED FOR ONE OTHER PATIO.

THE OTHER APPLICANTS, PLEASE CONTACT GREG STEVE GRAVES AT OUR OFFICE.

WHEN YOU SUBMIT, IF YOU HAVE ANY QUESTIONS REGARDING PLOT, WE NEED TO SEE AS FAR AS PLANTS ARE CONCERNED, GRAPES, GRAPES CAN ANSWER THOSE QUESTIONS FOR YOU.

I'M JUST MAKING SURE THAT IN SAYING WHAT YOU SAID.

YES.

I HEARD.

THANK YOU.

ALRIGHT.

THANK YOU, SIR.

LEADING.

NOW WE MOVE ON TO THE MINUTE.

DO HAVE ANY OBJECTIONS TO THE MINUTES OF JULY THE EIGHTH, KNOWING TODAY, DO YOU LIKE THE MINUTES? REALLY? YOU PROBABLY NEED A PRINT OUT.

OH, THAT'S ME, ME, ME DENVER.

THE SECOND 2020, AND THEN WEDNESDAY FOR THIS 2020 IS EVERYBODY IN THE PORT THAT IS NOT EXITING? WELL, WE HOPE SO, BUT NOT TO DO AWAY.

I MAKE A MOVE THAT WE ADJOURN.

IS THERE ANY OTHER, UM, ANY OTHER THING THAT WE TALKED ABOUT OR SOMETHINGS CAME UP THAT YOU NEED TO LET ME KNOW WITH NOTHING, SIR.

I AM NOT THE CHAIRMAN.

THANK YOU, MR. DEAN AND MR. DICK FLOOR.

I SECOND THE MOTION TO ADJOURN.

THANK YOU.

THANK YOU ALL Y'ALL ATTENTION.

AND THEN THEY'VE WORKED OUT THOUGH.

WHAT? GOOD MEETING .

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