* 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. ALL RIGHT. [00:00:01] LARRY IS IN LIVING COLOR. ALRIGHT. WE'RE BACK IN ACTION FOLKS. [ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road September 2, 2020 6:30 P.M.] ALL RIGHT, MS. MS. MS. HOSKINS, LET'S LET MR. STEWART OPEN THE MEETING. YES, MA'AM. I SHALL CALL THE MEETING STEADY OF HUBRIS BORDERED ZONING APPEALS TO ORDER MADAM SECRETARY, PLEASE CALL THE ROLL. ALL RIGHT, MR. DEAN HERE, MR. FLORA, THIS NEWBIE, MISS NEWBIE. I SEE HER WITH NEWBIE. REMIND ME, MR. . MR. STEWART, PRESENT THE AGENDA. I MAKE THE MOTION TO APPROVE THE AGENDA. MS. NEWBIE JUST TEXTED HER TO LET HER KNOW HER MIKE'S MUTED. SHE MAY BE OFFLINE UNLESS YOU HAVE A PICTURE. MS. NEWBIE, WE CAN'T HEAR YOU. I HAVE A MEETING WITH LOS DIVA. SHE HAD TO LOG OFF AS, AS MUCH AS THESE PLATFORMS ARE BEING USED. THE PROBLEM MAY NOT BE OURS, MIGHT BE ALL THE OTHER. THEY'VE HAD SOON CRASHING AND SO FORTH. WE WERE HAVING PROBLEMS AT THE OFFICE THERE. YOU KNOW, I STRUGGLING TO NOT BE BUILT TO HANDLE THIS KIND OF CRAP HAPPENING AT THE SAME TIME. YOU KNOW, PURCHASER. YEAH. I TELL YOU WHY WE DON'T GET THIS. THEN LET'S SCHEDULE JERRY FOR NEXT WEEK POSSIBLE. UM, YOU KNOW, NO PRESSURE AND IT'S TOO AGREEABLE WHERE I CAN HAVE ALL FOUR DENISE, OUR REQUESTERS APPLICANTS, AS WELL AS BY THAT TIME I GET THE MEMBERS TO LET THEM KNOW AND MAKE SURE WE CAN EVEN DO A DRIVER, YOU KNOW, BUT LIKE DON IS SAYING IT MIGHT NOT EVEN BE US. IT COULD BE THE SYSTEM, BUT WE'VE HAD THEM ON OH SIX 47 NOW. SO IT'S BEEN ABOUT 30 MINUTES PAST. UM, HOW DO YOU AND DON FEEL ABOUT THAT? OR DO YOU WONDER TO TRY TO KEEP YOU DEPRESSED ON IT? I'D LEAVE THAT UP TO YOU, SIR. I'M HERE, I'M HERE. UM, BUT SO I'LL LEAVE THAT UP TO YOUR DECISION. WELL, I APPRECIATE THAT DON, JERRY APPLICANTS, WE GO, WE GOING TO CLOSE THIS CASE. A MEETING TONIGHT IS GLITCHES. OBVIOUSLY A LOT OF Y'ALL PROBABLY CAN SEE IT, BUT, UH, AND NEXT WEEK WE'LL HAVE MR. JERRY CONTACT. Y'ALL HIS SECRETARY THEN CONNECT WITH THE MEMBERS AND WE'LL MAKE THIS HAPPEN ONE DAY NEXT WEEK. IF IT'S, YOU KNOW, IT'S, IT'S ALLOWED. I DON'T KNOW. I LOVE DIXIE. NO, I WILL. I'M WILLING TO SAY THAT. UH, WE WANT TO EXPEDITE THINGS FOR ALL OF OUR APPLICANTS. YES OR NO FAULT OF HER OWN. WE'RE NOT ABLE TO DO THAT TO SEE EVENING. SO JERRY AND I WILL, UH, PUT TOGETHER [00:05:01] A DAY NEXT WEEK, HOPEFULLY EARLY IN THE WEEK, DEPENDING ON WHAT HER OTHER MEETINGS AND OBLIGATIONS ARE. CAUSE SHE DOES THIS FOR SEVERAL BOARDS. AS SOON AS SHE'S, I'M SORRY TO INTERRUPT YOU, DON. I'M GOING TO SHOOT FOR WEDNESDAY. TRY TO MAKE IT TO BE A LITTLE MORE SIMILAR THAN THE, LIKE WHAT WE NORMALLY HAVE. SO I WILL SHOOT FOR WEDNESDAY. I WILL GET AN EMAIL OUT TO YOU TOMORROW, IF THAT IS GOING TO BE POSSIBLE. SO EVERYONE WOULD BE ABLE TO KNOW IF THEIR CALENDAR WAS CLEAR. OKAY. DO EVERYBODY HERE THAT ARE THE APPLICANTS ONLINE AT THE SAME TIME? YES. THAT'S WHAT I'M GOING TO TRY FOR. I WILL PUT YOU ON THE EMAIL SO THAT YOU'RE AWARE FOUR OF WAY. SO I'M BACK. WE DON'T WE GO GOING, WE ALL WANT TO GO AHEAD, SIR. YOU GOT QUITE A BIT MORE HERE. YOU GOT THE OTHER MEETINGS. I MEAN RIGHT HERE. I DON'T KNOW WHAT HAPPENED. VERY GOOD. YOU WANT ME TO GO BACK OVER THERE? STAY WHERE I'M AT. OKAY. SO THE APPROVAL OF THE AGENDA WAS MADE BY MR. DEAN. YOU'RE GOING TO MOVE FORWARD TO CASE NUMBER ONE 2011, MR. STEWART, 2011. THANK YOU. YEAH, THE LLC IS REQUESTING A VARIANT OF FOUR FEET FROM THE 14 FOOT HEIGHT LIMIT ON ACCESSORY BUILDING SEXUALLY 1190 1.01 ASSESSORY STRIP DRIVE IN BYLAWS. PROPERTY IS LOCATED AT 43 60 TAYLORSVILLE ROAD. MR. MATTA CLARK. I'M HERE WITH HIM. I HAVE A QUICK QUESTION. YES, SIR. SO THIS IS FOR JERRY AS MUCH AS IT IS FOR YOU. SWEARING OF WITNESSES WERE REQUIRED PRIOR TO MY STAFF REPORT AS WELL. THAT'S YES, IT IS. ALRIGHT, SO APPLICANTS MAKE SURE ALL EVERYBODY'S UN-MUTED AND I WILL READ AS STATED. I NEED Y'ALL TO SAY I DO. AFTER I FINISHED 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, AGAIN, 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 THE THREAT OF PERJURY, THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD, THANK YOU. ANYONE THAT MAY WISH TO SPEAK TONIGHT IN REGARDS TO YOUR CASE, AFTER THE CASE REVIEW AND STAFF REPORT, PLEASE STEP TO THE PODIUM, SPELL YOUR NAME. WE'RE REALLY IDENTIFY YOURSELF FOR THE RECORD IF NEED BE. OKAY. SO I'LL, I'LL PROCEED WITH THE STANFORD PORT FOR CASE 2011. YES, SIR. PLEASE, DUDE. ALL RIGHT. VERY GOOD. WELL, GOOD EVENING, EVERYBODY. UM, SO FAR SO GOOD. SO, UH, THE APPLIC, THE PROPERTY IN QUESTION IS ZONED , WHICH IS A LIGHT INDUSTRIAL AREA. UH, ALL OF THE ADJACENT PROPERTIES ARE INDUSTRIALLY ZONED AS WELL. UH, THE APPLICANT IS REQUESTING A VARIANCE OF THE CITY OF HUBER HEIGHTS, ZONING CODE PERTAINING TO THE CONSTRUCTION OF AN ACCESSORY BUILDING SECTION 1190 1.01 LIMITS THE HEIGHT OF AN ACCESSORY BUILDING TO 14 FEET, EVEN IN AN INDUSTRIAL SETTING, DUE TO THE NATURE OF THE TRUCKING BUSINESS OF TALLER BUILDINGS REQUIRED TO ACCOMMODATE THE OVERHEAD DOOR HEIGHT FOR SEMI TRUCKS ENTERING THE BUILDING. THEREFORE, THE OWNER WISHES TO CONSTRUCT THE BUILDING WITH A HEIGHT OF 18 FEET. THAT WOULD BE TO THE PEAK OF THE ROOF. THE BUILDING WOULD BE SITUATED DIRECTLY BEHIND AN EXISTING ACCESSORY BUILDING WHILE MAINTAINING THE APPROPRIATE SEPARATION BETWEEN THE BILL. A CITY STAFF HAS NO ISSUE WITH THE GRANTING OF THIS VARIANCE REQUEST A ANALYSIS OF THE PROPERTY. IT'S APPROXIMATELY THREE ACRES, [00:10:01] NO UTILITY EASEMENTS ARE SOLD ON THE PROPERTY. THEREFORE NONE WOULD BE IMPACTED BY THE BUILDING. UH, IT IS A COMMERCIAL BUILDING OF COURSE, UH, WILL BE PLACED TO THE REAR OF AN EXISTING ACCESSORY BUILDING. AND THE ENGINEERING DEPARTMENT HAD NO COMMENTS ON THIS VARIANCE REQUEST. ARE THERE ANY QUESTIONS FOR THE STAFF IT'S NEWBIE? NO, I, I DON'T HAVE ANY QUESTIONS MR. DEAN. UH, NO SIR. OKAY. NEURON. SO I NEED TO MAKE A MOTION OR, YOU KNOW, TO APPROVE THIS, UM, LIZ NEWBERRY, MR. DEAN, WHICHEVER I HAVE THE VARIANTS, I MODELED THAT I WILL MAKE THE MOTION OF CHAIR. I MOVE THAT CASE BZA CASE 2011, THAT IT REQUESTS OF THE PROPERTY ONLY BE APPROVED BY THE SPORT. AND I DID A SECOND. THANK YOU, MS. GREEN, MS. NEWBIE, MADAM NEWBIE, WHERE YOU READ VERY NICE WILL DO, SIR. THANK YOU. YEAH. THE VARIOUS STANDARDS, WHETHER THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER THERE WILL BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE APPEARANCE. YES. WHETHER THE VARIANCE IS SUBSTANTIAL YET. NO I'M OKAY. NO. WELL THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER AN ADJOURNED PROPERTY WAS SUFFER SUBSTANTIAL AS A RESULT OF THE VARIANTS. NOW WHAT ARE THE VARIOUS WILL ADVERSELY AFFECT THE DELIVERY OF GOVERNMENT OF SERVICE, WATER, SANITARY, SANITATION, SEWER, GARBAGE REMOVAL. NO. WELL, THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS. YES. WHERE THE PROPERTY ON A PREDICAMENT FEASIBLE LEAD CAN BE OPERATED THROUGH SOME OTHER METHOD. THEN THE VARIANTS. NO. WELL, THE SPIRIT AND BEHIND THE ZONING REQUIREMENTS WILL BE OBSERVED AND SUBSTANTIAL. JUST DONE BY GRANTING THE PARENTS. YES. THANK YOU. I'M SECRETARY, CAN YOU PLEASE CALL THE ROLL? MR. DEAN, MS. NEWBIE. YES. MR. STEWART. YES. V BCA CASE 20 HAS BEEN APPROVED WITH, UM, MARK IN REGARDS TO ANYTHING ELSE, MAKE SURE YOU CALL HIS OFFICE AND GET IN CONTACT WITH THEM OR LEAVE A METHOD. I'M PRETTY BUSY. AND SO THIS WOULD GIVE YOU A HEADS UP ON THAT. JAZZ IS SHE AND I HAVE SPOKEN SEVERAL TIMES MR. CHAIRMAN, AND WE HAVE THAT MOVING FORWARD ALREADY. THANK YOU. ALRIGHT. THANK YOU, SIR. ALRIGHT. BZA PAGE 23, APPLICANT JAMES CAMPBELL REQUESTING A VARIANCE OF A TWO FOOT FROM THE REQUIRED 14 FOOT HEIGHT RESTRICTION FOR AN ACCESSORY STRUCTURE, 1190 1.01, A SENSORY STRUCTURE, HEIGHT PROPERTY LOCATED AT 69 52 RIO PFISTER COURT. YES, SIR. THE ZONING OF THE PROPERTY IS, ARE, ARE TWO, WHICH WAS A RESIDENTIAL ZONING. ALL ADJACENT PROPERTIES ARE ZONED RESIDENTIALLY AS WELL. THE APPLICANT'S REQUESTING A VARIANCE OF THE CITY BE ROD'S ZONING CODE PERTAINING TO THE CONSTRUCTION OF AN ACCESSORY STRUCTURE. THE STRUCTURE WILL BE A SHELTER FOR A RECREATIONAL VEHICLE DUE TO THE SIZE OF THE RV. I HAVE 16 FEET IS REQUIRED. SECTION 1190 1.01 LIMITS ACCESSORY STRUCTURE, HEIGHT TO 14 FEET, THEREFORE VARIANCE OF TWO FEET AS NEEDED. THIS IS A FAIRLY LARGE LOT WITH AMPLE ROOM FOR A STRUCTURE OF THIS SIZE AND HEIGHT CITY HAS NO CITY. STAFF HAS NO ISSUE WITH THE GRANTING OF THIS VARIANCE REQUEST. THE STAFF HAS RECEIVED STATEMENTS FROM NEIGHBORING PROPERTIES STATING THEY TOO HAVE NO ISSUE WITH THE STRUCTURE OR THE VARIANCE. A STAFF ANALYSIS OF THE PROPERTY IS AS FOLLOWS A LOTS, PROBABLY 0.8 ACRES OR UTILITY EASEMENTS EXIST ALONG THE NORTH AND SOUTH PROPERTY LINES. THE STRUCTURE [00:15:01] WILL BE A COVER FOR THE RV BEHIND THE SINGLE FAMILY HOME. UH, THE, UH, ALL THE OTHER REQUIRED RESTRICTIONS FOR PARKING. THIS TYPE OF VEHICLE I E A SOLID SURFACE IMPERVIOUS SURFACE, THE APPLICANT STATES WILL BE FOLLOWED. SO WE HAVE NO CONCERNS ABOUT THAT. ENGINEERING DIDN'T HAVE ANY COMMENTS ON THE REQUEST. I CAN ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU. MA'AM YES, SIR. YOU HAVE ANY QUESTIONS? NO, I DON'T. MS IS NEWBIE. NO, I DON'T HAVE ANY CHAIR AND I DON'T EITHER. UM, WELL I DO HAVE SOMETHING SAYING MR. LAUREN, THAT WAS, UM, A DEAD END. UH, CAUSE I ACTUALLY WENT OR HAD TO GO AROUND THE WAY IT WAS ACTUALLY THE LAST HOUSE. YOU HAVE TO KIND OF FIND IT. YEAH. THEN I SAW THE NICE PIECE OF LAND AND ALSO BEHIND IT AS WELL AS FOR EXAMPLE. YES, SIR. OCCUPANT LOVE THE AREA. ALL RIGHT. THANK YOU. UM, ONE NEED TO MAKE A MOTION TO APPROVE A CHAIR. I MAKE A MOTION THAT WE APPROVE THE VARIANCE. I SECOND, THE MOTION. THANK YOU FOR THE SECOND IS NOW EXITING. UM, MS. MR. DEAN, WILL YOU READ IT, SIR? 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 OR THE VARIANCE IS SUBSTANTIAL. NO, WHETHER THEY ESSENTIAL CHARACTERS, A NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER ADJOINING 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 KNOWLEDGE OF THE ZONING RESTRICTION. YES. WHETHER THE PROPERTY OWNER PREDICAMENT FEES, OBVIATE IT THROUGH SOME METHOD. OTHER ZEN OF VARIOUS, NO. ONE OF 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, PLEASE CALL THE ROGUE MS. NEWBIE. YES. MR. DEAN. YES. MR. STEWART. YES. THANK YOU. BZA CASE 2012 HAS BEEN APPROVED. NOW WE GOT TO MOVE ON TO BZA CASE 2013, THE APPLICANT JOE LOCKE CAMPBELL EXITING OWNER, JOE BREEZE IS REQUESTING A VARIANCE OF SIX FEET FROM THE REQUIRED 10 FOOT FROM THE YARD SETBACK FOR A CARPET IT'S ONLY 80 FEET. NO, EXCUSE ME. EXCUSE ME. WHO IS THIS? JODY JOHNSON WITH BUSHES HOME IMPROVEMENT. OKAY. NOW YOU'RE INCORRECT BECAUSE THIS IS GOING TO THE REAR OF THE PROPERTY. THE SET REQUIRED SETBACK FOR A TYPE OF A STRUCTURE. THAT NATURE IS 10 FEET FROM A REAR PROPERTY LINE. SO THAT'S WHY THE VARIANCE IS BEING IS STAYED IN THE WAY IT IS. PLEASE PROCEED. MR. STEWART. THANK YOU. NO PROBLEM. SECTION 1181 DASH OH FOUR D PROJECTIONS PROPERTY LOCATED AT FIVE, FIVE EIGHT ZERO GRANT. YES, SIR. ZONING OF THE PROPERTY IS, ARE FOR RESIDENTIAL AS ARE ALL THE SURROUNDING PROPERTIES. UH, THE OWNER WISHES TO CONSTRUCT A CAR PORT TO COVER A REAR LOADING DRIVEWAY DUE TO THE SHALLOWNESS OF THE, WHERE YOU ARE ON THIS CORNER. LOT, THE CAR PORT NEEDS TO EXTEND WITHIN FOUR FEET OF THE PROPERTY LINE, SECTION 1180 1.04 D REQUIRES 10 FEET OF SEPARATION BETWEEN A CAR PORT AND THE REAR PROPERTY LINE, A VARIANCE OF SIX FEET AS NEEDED FOR THE CAR PORT TO BE OF A SIZE FOR NORMAL USE. THE SIZE ALLOWS FOR MORE COMPLETE COVERAGE OF THE REAR DRIVEWAY. SO THE STAFF HAS NO ISSUE WITH THE GRANTING OF THIS VARIANCE [00:20:01] ANALYSIS OF A LOT IS AS FOLLOWS A LOTS APPROXIMATELY A QUARTER ACRE UTILITY EASEMENTS EXIST ALONG THE WEST AND SOUTH PROPERTY LINES. IT IS A SINGLE FAMILY HOME. THE PLACEMENT OF THE PROPOSED STRUCTURE WOULD BE TO THE REAR OR EAST SIDE OF THE HOUSE. THE ENGINEERING DEPARTMENT DID NOT HAVE COMMENTS ON THIS VARIANCE REQUEST. I CAN ANSWER ANY QUESTIONS YOU MAY HAVE. DO YOU HAVE ANY QUESTIONS NOW? THANK YOU VERY MUCH. UM, I'LL MAKE A MOTION THAT WELL, BEFORE I GO MAKE A MOTION, UM, MR. MALARA THEN THAT'S WHEN I, THAT IS ACTUALLY WHAT YOU'RE TALKING ABOUT, WHERE IT'S IT'S RIGHT OFF OF, UH, BETWEEN BRENT PIKE AND, UM, UH, IT'S UM, IT'S ON, YOU'RE ON THE CORNER OF BRANTON POWELL. SO IT'S A RARE, THE DRYER IS REAR LOADING UNTIL THE REAR OF THE HOUSE. HENCE THE NEED FOR THE VARIANCE BECAUSE, UM, OF THE, OF THE REAR PROPERTY LINE BEING THE PROPERTY LINE, THAT'S IMPACTED MORE SUBSTANTIALLY BY THE CAR PORT AND EXACTLY. EXACTLY. OKAY. THANK YOU, SIR. I ASKED FOR A MOTION TO APPROVE MR. CHAIRMAN, MR. MISS NEWBIE. I MOVED THAT, UM, KAY BZA BZA CASE 2013 THAT THE REQUEST TO BE APPROVED BY THIS BOARD. THANK YOU. MA'AM CAN I GET A CHAIR? THANK YOU, MR. DAME, MS. NEWBIE, WILL YOU PLEASE READ THE VARIOUS FORESTS PLEASE? SURE. OKAY. WHAT ARE THE PROPERTY IN QUESTION WILL YIELD A REASONABLE RETURN OR WHETHER IT BE ANY BENEFICIAL USE OF THE PROPERTY WAY OUT THE VARIANCE? YES. WHETHER THE VARIOUS A SUBSTANTIAL, NO, WHETHER THE CITRUS CHARACTER OF THE NEIGHBORHOOD WILL BE SUBSTANTIALLY ALTERED OR WHETHER A JOURNEY PROPERTIES WILL SUFFER A SUBSTANTIAL DETRIMENT. AS A RESULT OF PARENTS KNOW WHETHER THE VARIOUS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICE, SUCH AS WATER, SANITARY, SEWAGE, OR GARBAGE REMOVAL. KNOW WHETHER THE PROPERTY OWNER OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTIONS. YES. WERE THE PROPERTY OWNERS PREDICAMENT FEASIBLY CAN'T BE OBVIATED THROUGH SOME OTHER METHOD. OTHER THAN OF BIRDS KNOW WHETHER THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENTS WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THIS VARIANCE. YES. THANK YOU. MA'AM MADAM CHAIR, PLEASE CALL THE ROAD. MR. DEAN. YES. MR. STEWART. YES. THANK YOU. BZA K 2013 HAS BEEN APPROVED. WE'RE GOING TO MOVE ON THESE EA CASE 2014. THE APPLICANT JOHNSON IS NOW EXITING. NICK WORSE IS REQUESTING A VARIANCE OF FOUR FEET FROM THE 14 FOOT HEIGHT RESTRICTION ON PROJECT TEN SECOND, 1181 DOT FOUR H PROJECTIONS PROPERTY IS LOCATED AT DICKSTEIN 36 TAVIN STEER DRIVE. MR. MALARKEY. YES, SIR. AS ONLY OF THE PROPERTY IS PLANNED RESIDENTIAL AS ARE ALL OF THE SURROUNDING PROPERTIES. AS YOU STATED, THE APPLICANT'S REQUESTING A VARIANCE FOR THE CONSTRUCTION OF A REAR PATIO COVER. THE COVER WILL BE CONSTRUCTED OVER AN EXISTING ELEVATED DECK, THEREFORE REQUIRING FOUR FEET OF VARIANCE RELIEF, SECTION 1180 1.04 H LIMITS THE TOTAL HEIGHT OF A PATIO COVER TO 14 FEET ABOVE GROUND LEVEL. THE CHALLENGE HERE BEING THE EXISTING ELEVATOR DECK, FOUR FEET OF VARIOUS WILL ALLOW CONSTRUCTION OF A USABLE AND AESTHETICALLY PLEASING COVER OVER THE DECK. SO THE STAFF HAS NO ISSUE WITH THE GRANTING OF THIS VARIANCE REQUEST. STAFF ANALYSIS ON THE PROPERTY IS AS FALLS A LOT AS A APPROXIMATELY 0.4 ACRES, UTILITY EASEMENTS WILL NOT BE AFFECTED. IT IS A SINGLE FAMILY HOME AND THE, UH, THE STRUCTURE WOULD BE ATTACHED TO THE REAR OR EAST SIDE OF THE HOUSE. UH, THE ENGINEERING DEPARTMENT DID NOT HAVE ANY COMMENTS ON THIS VARIANCE REQUEST. I CAN ANSWER ANY QUESTIONS. THE ONLY QUESTION I WAS GOING TO ASK WAS, IS IT GOING TO BE ATTACHED TO THE HOUSE WHEN THERE ARE ANY REQUIREMENT WHEREBY YOU KNOW, THE, THE COVER WOULD ACTUALLY BE ATTACHED TO THE HOUSE, BEING THAT, WHATEVER THAT CONNECTION. [00:25:01] OKAY. UM, I I'LL LET YOU ALL OUT. I'LL GIVE YOU THE FACTS AND THEN I'LL LET MR WORST ANSWER THE QUESTION ABOUT WHETHER YOUR PLANS TO ATTACH IT. TYPICALLY A PATIO COVER NEEDS TO BE ATTACHED TO THE HOUSE. HOWEVER, BECAUSE OF THE RECENT, UH, UH, PROMINENCE OF WHAT WE WERE CALLING PERGOLAS OR ABUTTING PERGOLAS, WHERE IT'S NOT A TRADITIONAL PATIO COVER, UM, WE, IF IT'S STRUCTURALLY SOUND AND THE WAY IT'S BUILT, WE'RE ATTACHING IT TO THE HOUSE OR NOT ATTACHING IT TO THE HOUSE, DOESN'T MAKE THE STRUCTURE UNSTABLE. THEN WE DON'T NECESSARILY REQUIRE THE ATTACHMENT. AND OF COURSE WE'RE NOT BUILDING INSPECTORS EITHER. UH, SO I'LL LET MR. WORST, HE CAN COMMENT ON, ON WHETHER THE STRUCTURE HE PLANS ON ATTACHING IT TO THE HOUSE, RIGHT? YEAH. PLEASE STATE YOUR NAME AND YOUR ADDRESS PLEASE. FOR THE RECORD. MR. WORSE, YOU'LL NEED TO UNMUTE YOUR MICROPHONE. OKAY. CAN YOU HEAR ME NOW? YES, SIR. YES. THANKS. WORST ADDRESS IS 66 36 TAVIN SATER DRIVE. OKAY. THANK YOU, SIR. WHAT DID YOU HAVE ANYTHING TO ADD AS FAR AS THE CONNECTION OF THE, THE CARPORT DITCH REQUESTING PATTY NEGATIVE? YES. THE PATIO COVER WOULD BE CONNECTED AND STRUCTURALLY TIED TO THE HOUSE. VERY GOOD. YES. YES. OKAY. THANK YOU, SIR. THANK YOU. I APPRECIATE THAT. YES. UM, CAN I ASK SOMEBODY TO APPROVE EASY CASE 2013 PLEASE? MR. CHAIR, I MAKE A MOTION THAT WE APPROVE THE VARIANCE. YEAH, I MEANT 2014. I APOLOGIZE. UM, MADAM SECRETARY, I MEAN MY, UH, MR. NEWBY WHERE YOU SECOND THAT MOTION. MR. DANE, WILL YOU PLEASE READ THE VARIANT, SIR? YES, SIR. WHETHER THE PROPERTY IN QUESTION WHERE YOU HAD 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 IS A NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER A JOINING PROPERTIES WOULD SUFFER A SUBSTANTIAL DETRIMENT AS 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 A PROPERTY WITH KNOWLEDGE OF THE ZONING RESTRICTION. YES. 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. UH, MADAM SECRETARY, PLEASE CALL THE ROOM. YES. MR. DEAN. YES. MR. STEWART. YES. THANK YOU. BZA CASE 2014 HAS BEEN APPROVED BEING THAT WE DON'T HAVE ANY ADDITIONAL BUSINESS, UM, NEED TO GET A MOTION TO APPROVE THE MINUTES OF AUGUST, 2020, MISS NEWBIE. I MOVE THAT THE MINUTES FOR AUGUST 5TH, 20, 20 BEING APPROVED BY THE BOARD. THANK YOU. MA'AM WE GOT AN UPCOMING MEETING, UH, WEDNESDAY, OCTOBER THE SEVENTH AND GLAD WE WAS ABLE TO CONTINUE TO MEET TONIGHT. SO HOPEFULLY, AND MAYBE NOT ONE NEW DAY, NOVEMBER THE FOURTH, UH, 2020, OBVIOUSLY. BUT IF ANYTHING ELSE COMES UP, UH, ON THOSE DATES FOR YOU, JUST PLEASE LET US KNOW, UH, IN CASE WE NEED TO RESCHEDULE. I THANK YOU ALL FOR YOUR TIME. IS THERE ANYTHING ELSE? UH, JERRY OR MR. MAILLARD? UM, ONE QUICK THING, NICK, WE ALREADY HAVE YOUR PAPERWORK. DON'T WORRY. ON THE, UH, ON YOUR PATIO COVER YOURS, SUBMITTED THAT, GREG DIDN'T YOU, AS FAR AS PUTTING THAT PERMIT YEAH. REGARDING THE PERMIT, HAVE YOU SUBMITTED TO HANDLE WHERE YOU WAITING FOR THE, FOR THE BOARD? I WAS WAITING. I WAS WAITING FOR THIS. I HAVEN'T SAID VERY GOOD. ALRIGHT. SO YOU KNOW, THE PROTESTANT, IF YOU HAVE ANY QUESTIONS, FEEL FREE TO CONTACT ME. OKAY. SOUNDS GREAT. THANKS DAN. YES, SIR. THANK YOU. THANK YOU. YOU TOO. YOU'RE WELCOME. NOPE, WE CLOSE TONIGHT. [00:30:01] THANK YOU, JERRY. THANKS. BYE. BYE. BYE. BYE. SEE YA. THANKS MR. ALRIGHT. I BLESS. * 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.