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[00:00:03]

YOU

[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road October 7, 2020 6:30 P.M.]

THAT'S YOUR CALLED A MEETING OF THE SUIT OF HUBER HEIGHTS, BOARD OF ZONING APPEALS TO ORDER MADAM SECRETARY, PLEASE CALL THE ROW.

MR. DEAN HERE, MR. DEFLORA HERE.

MS. NEWBIE HERE, MR. YOH, MR. STEWART, PRESENT APPROVE OF THE AGENDA.

WE HAVE A MOTION TO APPROVE THE AGENDA.

I MOVED THAT TO GENDER FOR EIGHT OCTOBER SEVEN, 2020, WITHOUT OBJECTION, AGENDA FOR TONIGHT'S MEETING, IT'S APPROVED SWORN TO 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.

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

I DO TO THE FOLLOWING OATH.

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.

THANK YOU.

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.

I'VE NEVER ACTUALLY DONE THIS BEFORE.

SO, UM, MY NAME'S THEODORE DORIAN.

IT'S A T H E O D O R E.

LAST NAME DOREEN DOR IOWAN.

OH, UM, AGAIN, I'VE NEVER, I APOLOGIZE.

I'VE NEVER ACTUALLY, ONCE HE DOES IT, THEN YOU CAN COME UP.

YOU DON'T HAVE TO WRITE ABOUT A PROBLEM AT ALL.

NO PROBLEM.

VERY GOOD.

ALRIGHT.

THIS IS THE BZA CASE.

2016, SORRY.

BCA CASE 2015.

STAND CORRECTED THE ADVOCATE.

JOHN HARPIS INTO REQUESTING A VARIANCE OF THE SETBACK REQUIREMENT FOR NECESSAR REBUILDING SECTION 1190 1.01.

LOCATION PROPERTY IS LOCATED AT 43 91 SARATOGA PLACE.

THIS CASE HAS BEEN RESCHEDULED TO NOVEMBER THE FOURTH, DUE TO THE APPLICANT'S UNAVAILABILITY.

THERE'S NO OBJECTIONS.

WE'LL MOVE ON TO BCA CASE 2016.

THE APPLICANT DATING HOME IMPROVEMENT FOR THEO.

DORIAN IS REQUESTING A PARENT OF THREE FEET FROM THE REQUIRED THREE FOOT SETBACK FOR A CAR POINT SECTION 1184 DOT OH FOUR D PRINT IS THE PROJECTIONS PROPERTY LOCATED AT 48 36 NELA PARK DRIVE WITH SOME LARD.

YES, SIR.

GOOD EVENING, EVERYONE.

GOOD EVENING.

UH, AS STATED THE PROPERTY IS ZONED R FOUR WAS A RESIDENTIAL AS ARE ALL OF THE ADJACENT PROPERTIES.

UM, THE APPLICANT IS REQUESTING A VARIANCE OF THE CITY OF YOU'VE ARRIVED ZONING CODE PERTAINING TO THE CONSTRUCTION OF A CAR PORT SECTION 1180 1.04 D REQUIRES THREE FEET OF SEPARATION BETWEEN A CAR PORT AND THE SIDE PROPERTY LINE.

OKAY.

THE APPLICANT WISHES TO CONSTRUCT A CAR PORT EXTENDING ENTIRELY TO THE SIDE PROPERTY LINE OR AS NEEDED FOR SUFFICIENT COVERAGE.

STAFF SUGGESTED FOR THE MAXIMUM VARIANCE.

EVEN IF IN THE FINAL ANALYSIS, IT MAY NOT BE NEEDED FOR COMPLETE COVERAGE.

UH, THIS SIZE VARIOUS WILL ALLOW FOR COMPLETE COVERAGE OF THE SIDE DRIVEWAY AND VEHICLE CITY STAFF HAS NO ISSUE WITH THE GRANTING OF THIS VARIOUS REQUEST.

PROPERTY ANALYSIS OF 20, ABOUT A QUARTER OF AN ACRE LOT, AND UTILITIES MIGHT EXISTS ALONG THE SOUTH PROPERTY LINE, WHICH WILL NOT BE INFECTED BY THIS PROJECT.

THIS IS A SINGLE FAMILY HOME.

THE PLACEMENT OF THE CAR PORT WILL BE ON THE EAST SIDE OF THE STRUCTURE.

ENGINEERING HAD NO COMMENTS ON THIS VARIANCE REQUEST.

I CAN ANSWER ANY QUESTIONS YOU MIGHT HAVE.

THANK YOU, SIR.

YOU'RE

[00:05:01]

WELCOME.

IS THERE ANY QUESTIONS FOR STAFF MS. NEWBIE DON'T HAVE ANY QUESTIONS? THE FLOOR, THIS IS GOING OVER A CONCRETE THAT'S ALREADY POURED NOT TO MINE.

IS IT ALREADY POURED? YEAH.

OKAY.

THANKS.

THAT ANSWERS IN THE AFFIRMATIVE.

THAT IS ALREADY POURED.

YES, SIR.

OKAY.

THANK YOU.

WHAT'S THE DEAN? NO, I DON'T HAVE ANY QUESTIONS.

THANK YOU.

OKAY.

UM, THE ONLY WAY MR. MILAD CLEAR ME UP CLEAR MY MIND WHEN I WENT TO THE RESIDENCE, THE CARPORT THAT YOU ALREADY SAID IS POURED HAD TWO GARBAGE CANS THERE.

I'M LOOKING AT THE WIDTH.

I DIDN'T GO UP ON THE PROPERTY I PULLED IN FRONT OF IT, BUT THE HE'S ASKING FOR A CARPORT TO EXTEND FROM THE DWELLING OVER TO THE EDGE OF THE, THE DECK, CORRECT? WELL, YES.

AT THE MAXIMUM THAT MY RECOMMENDATION TO THE APPLICANT WAS INSTEAD OF ASKING FOR MAYBE ONE OR TWO FEET OF RELIEF.

YES.

LET'S ASK FOR COMPLETE RELIEF AND THEY'RE NOT GOING TO BUILD ANY MORE OF A CAR PORT THAN THEY NEED TO.

SO IF THEY ARE STILL ONE OR TWO FEET OFF, BUT DEPENDING ON WHAT IT TAKES TO COVER THAT VEHICLE AND THE CONCRETE REASONABLY TO PROTECT THE VEHICLE, THEY MAY IN FACT NEED TO GO TO THE PROPERTY LINE.

OKAY.

ALRIGHT.

THANK YOU, SIR.

YOU'RE WELCOME.

IS THERE ANYTHING TO ADVOCATE WOULD LIKE TO SAY AT THIS TIME, IF YOU DO COME TO THE PODIUM, PLEASE STATE YOUR NAME AND ADDRESS THEO DORIAN.

UM, AGAIN, I'VE NEVER DONE THIS BEFORE.

UH, I'M NOT REALLY SURE WHAT THE PROCESS, OH, I'M SORRY.

48 36 NELA PARK DRIVE HEIGHTS, OHIO, OR FIVE 44.

UM, I'VE NEVER ACTUALLY BEEN TO A MEETING LIKE THIS.

I'M NOT ENTIRELY SURE OF THE PROCESS, BUT BASICALLY I'M JUST TRYING TO GET A CAR PORT TO PROTECT MY VEHICLE FROM, YOU KNOW, WE'VE HAD THAT TORNADO SIDE, A LOT OF HAIL IT'S ON MY, ON MY CAR.

SO I JUST WANTED TO, YOU KNOW, PROTECT WHATEVER WHAT I GOT, YOU KNOW, BEING.

SO I JUST BOUGHT MY HOUSE THREE YEARS AGO AND WE'VE BEEN DOING IMPROVEMENTS THAT WE TAKE A LOT OF PRIDE AND EVERYTHING.

HOPEFULLY WE CAN.

YEAH.

AND, AND THE, UM, AND YOUR NEIGHBOR NEXT DOOR, I SAW, YOU KNOW, IT'S NOT MUCH SPACE, BUT IT'S NOT GOING TO EXCEED, PASS YOUR PROPERTY LINE.

IS THAT CORRECT? OH, OKAY.

THAT WAS MY MAIN CONCERN BECAUSE THERE WAS NO LETTERS OR ANYTHING IN THE PACKAGES FOR US, YOU KNOW, YOUR NEIGHBOR, NOT HAVING A, UH, HAVING A PROBLEM WITH IT VERSUS WHAT YOU'RE TRYING TO DO.

OF COURSE.

OKAY, SIR.

THANK YOU VERY MUCH.

I JUST WANT TO REITERATE THAT WE DO NOTIFY THE NEIGHBORS, THE MEETING IS BEING HELD AND WHAT HE'S ASKING TO DO.

SO THEY HAVE AN OPPORTUNITY TO VOICE YES OR NO, AND WE DID NOT HAVE ANY NEGATIVE.

OKAY.

THANK YOU.

MA'AM SECRETARY.

I'M ASKING FOR A MOTION TO APPROVE THIS BZA CASE 2016, BUT DO YOU HAVE TO CLOSE IT FOR DISCUSSION FIRST? OKAY.

SORRY.

ALRIGHT.

ANY QUESTIONS OR CONCERNS FROM THE COMMITTEE MS. NEWBY? NO, I HAVE NOT.

WHAT'S THE DEAN.

NO, SIR.

THANK YOU, SIR.

MR. FLORA, I WOULD JUST CAUTION TO HAVE THE PROPER DRAINAGE IT'S RIGHT AT THE EDGE AND THE NEIGHBOR PROPERTY LOOKS IT SLOPES TOWARDS YOUR HOUSE, NOT AWAY.

SO I WOULD JUST CAUTION WITH PROPER DRAINAGE FOR THE CARPORT.

THANK YOU, MR. .

I NEED, I ASKED FOR A MOTION TO APPROVE.

I'LL MAKE A MOTION TO APPROVE.

I SECOND, THE MOTION.

WAS IT A FLORIDA? WOULD YOU PLEASE READ THE VARIOUS STANDARDS, PLEASE? WHETHER THE PROPERTY IN QUESTION, WILL YOU AND 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 IT TURNING PROPERTIES WOULD SUFFER AT 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.

[00:10:02]

WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THESE 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, MR. FLORA, MADAM SECRETARY, PLEASE CALL THE ROLL.

MR. DEAN.

YES.

MS. NEWBIE.

YES.

YES.

MA'AM YES.

MR. STEWART.

YES.

PASS A FOR THE APPROVAL.

YOU HAVE THEIR APPROVAL.

UM, DEFINITELY.

PLEASE CONSIDER THE DRAINAGE THAT MR. BROUGHT TO YOUR ATTENTION.

OKAY.

UM, THANK YOU VERY MUCH.

ALL RIGHT.

DO WE HAVE ANY ADDITIONAL BUSINESS THING THAT WE HAVE? NONE APPROVE OF MINUTES WITHOUT OBJECTION.

THE MINUTES FROM SEPTEMBER THE SECOND 2020 VCA MEETING ARE APPROVED THE NEXT UPCOMING MEETING.

IT'S GOING TO BE WEDNESDAY, NOVEMBER THE FOURTH AND WEDNESDAY, DECEMBER THE SECOND, 2020.

AND IF WE DON'T HAVE ANY MORE INFORMATION OR CONCERNS, I WOULD LIKE TO, YES.

MA'AM.

I JUST WANT TO SAY WE HAVE A COUPLE OF CASES LINED UP FOR THE NEXT MEETING, SO WE WILL HAVE THE NOVEMBER MEETING.

OKAY.

OKAY.

AND MR. UM, MR. MAILLARD, THE GENTLEMEN THAT DIDN'T COME FROM, UH, BCA IS 2015.

YES, SIR.

BECAUSE I GUESS FOR REFERENCE AND THE WENT AROUND, I SAW A LOT OF THE SHARES RIGHT AT THAT CORNER OF THE BACKYARD OF PEOPLE FENCES.

SO I WOULD GO AND USE THAT AS A REFERENCE FOR YOU BECAUSE HE SENT ME THE OLD DESK AS A ROAD TOO.

I SAW QUITE A FEW SHARES RIGHT THERE, ADJACENT TO THE FEDS.

SO I DIDN'T KNOW IF THAT WAS SOMETHING THAT WE MADE A BEAT.

WELL, WE CONCERNED.

OKAY.

SO CODE ENFORCEMENT IS ALERTED TO SEVERAL, UH, NO ONE'S ALLOWED TO, AND THIS, WE CAN'T ALWAYS ASSUME OFFENSES ON THE PROPERTY.

RIGHT? THAT'S THE FIRST THING.

UM, WE KNOW SOME THAT ARE NOT, WE ALSO HAVE ACTIVELY, UH, ARE PURSUING SOME SITUATIONS WHERE SHEDS ARE BEING PLACED WITHOUT A PERMIT.

UM, AND NO ONE IS ALLOWED TO HAVE A SHED CLOSER THAN FIVE FEET TO A PROPERTY LINE, NOR CLOSER THAN FIVE FEET TO A BUILDING WITHOUT THIS BOARD'S APPROVAL OF A VARIANCE, THEY MUST REQUEST.

OKAY.

SO I CAN'T SPEAK TO THOSE SPECIFIC, HOWEVER, UM, I WOULD HOPE THAT WOULD NOT HAVE ANY BEARING ON YOUR DECISION BECAUSE THOSE COULD BE PROPERTIES THAT ARE UNDER VIOLATION CURRENTLY.

CORRECT.

OKAY.

ALL RIGHT.

THANK YOU.

CAUSE I WAS JUST GOING TO USE THAT AS A REFERENCE, HAD THEY BEEN HERE BECAUSE JUST TO MAKE SURE THAT THEY W IF WE HAD REJECTED IT, THAT WASN'T BEEN, THE FIRST THING CAME OUT.

SO THAT'S WHY I RODE THROUGH THE NEIGHBORHOOD JUST TO SAY, WAIT, IS THIS JUST THE ONLY ONE? AND IT WAS SEVERAL.

AND THAT'S WHY I ASKED THE QUESTION, SIR.

ALL RIGHT.

THANK YOU VERY MUCH.

IS THERE ANYTHING ELSE? WHAT'S THE DEAN, MISS NEWBIE, THE FLORIDA MOTION TO CONCLUDE MOTION TO CONCLUDE.

I AGREE.

THANK YOU FOR YOUR COMING.

THANK YOU FOR YOUR TIME MEETING AS A JURY.

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