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[CALL TO ORDER]
EVENING AND WELCOME TO THE CITY OF DUBLIN BOARD OF ZONING APPEALS.YOU CAN JOIN THE MEETING IN PERSON AT 5 5 5 5 PERIMETER DRIVE AND ALSO ACCESS THE MEETING VIA THE LIVE STREAM ON THE CITY OF DUBLIN'S WEBSITE.
WE WELCOME PUBLIC PARTICIPATION, INCLUDING PUBLIC COMMENTS ON CASES.
UH, AS PART OF OUR CALL TO ORDER, WE WILL NOW, UH, ENGAGE IN THE, UH, PLEDGE OF ALLEGIANCE PLEDGE, PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
UH, NOW, MR. VITOR, UH, COULD, UH, YOU CALL THE ROLE PLEASE? MR. ANDERSON? HERE.
MR. DEANDRO IS ABSENT TONIGHT.
MS. SNICK HERE NOW, UH, ONTO THE NEXT MATTER,
[ACCEPTANCE OF DOCUMENTS AND APPROVAL OF MEETING MINUTES]
UH, ACCEPTANCE OF, UH, THE DOCUMENTS INTO THE RECORD AND APPROVE THE MINUTES FROM OUR MARCH 26TH MEETING.OUR LAST MEETING, UH, DO WE HAVE A, UH, MOTION? SO MOVED.
[Case #26-023V]
TERMS OF THE PROCEDURES FOR THIS EVENING, EACH CASE THIS EVENING WILL BEGIN WITH A STAFF PRESENTATION FOLLOWED BY AN OPPORTUNITY FOR THE APPLICANT'S, UH, OR APPELLANT.I BELIEVE IT'S JUST APPLICANT'S TONIGHT, UH, TO MAKE A PRESENTATION, UH, THE BOARD WILL ASK CLARIFYING QUESTIONS OF STAFF FIRST, UH, THEN TO THE APPLICANT.
UH, ANYONE WISHING TO MAKE PUBLIC COMMENTS WILL BE INVITED TO COME FORWARD UNDER EACH APPLICATION.
UH, PLEASE ENSURE THE GREEN LIGHT IS ON THE MICROPHONE.
UH, AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.
UH, WE REQUEST THAT YOU KEEP YOUR COMMENTS TO, UH, THREE MINUTES OR LESS.
UH, AT THIS TIME, WE WILL SWEAR ON ANY WITNESSES, UH, ANYONE INTENDING TO ADDRESS THE BOARD, UH, OR PROVIDE PUBLIC COMMENTS ON ANY ADMINISTRATIVE CASES.
UH, WE ASK THAT, UH, ANYONE WHO WOULD SEEK TO DO THAT, PLEASE STAND AND RAISE YOUR RIGHT HAND AND ANSWER IN THE AFFIRMATIVE.
UH, DO YOU SWEAR TO AFFIRM, SWEAR OR AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH IN YOUR TESTIMONY TO THIS BOARD? YEAH.
AND WE'LL MOVE ON TO THE FIRST CASE, UH, FOR THIS EVENING.
IT'S CASE NUMBER TWO SIX DASH 0 2 3 V, UH, REGARDING THE SHOE BACK RESIDENCE, UM, OR A NON-USE AREA VARIANCE.
UH, SO, UH, THEY REQUEST, UH, REQUESTED FOR REVIEW AND APPROVAL, UH, OF A NON-USE AREA VARIANCE FOR A GARAGE ADDITION TO ENCROACH INTO THE SIDE GUARD SETBACK.
UH, THE 0.28 ACRE SITE IS ZONED R DASH THREE SUBURBAN RESIDENTIAL DISTRICT AND IS LOCATED AT 61 51 WIDGEON COURTS.
UH, WE'LL BEGIN WITH THE STAFF PRESENTATION, UH, PRESENTED BY, UH, MISS, UH, UH, UM, TORY BRUBAKER.
THE CASE BEFORE THE BOARD TONIGHT IS A REQUEST FOR A NON-USE AREA VARIANCE TO ALLOW FOR A GARAGE ADDITION TO ENCROACH INTO THE SIDE YARD SETBACK.
THE SITE IS LOCATED AT 61 51 WID COURT.
THIS IS A SINGULAR STEP FOR THE APPLICANT.
THE PURPOSE TONIGHT IS TO ALLOW THE BOARD TO DETERMINE WHAT, IF ANY UNIQUE CIRCUMSTANCES ARE ASSOCIATED WITH THE PROPERTY, WHETHER THERE ARE ANY NATURAL CHARACTERISTICS, AND WHETHER THERE THERE WILL BE ANY IMPACT ON ADJACENT PROPERTIES IF APPROVED, THE APPLICANT MAY APPLY FOR A BUILDING PERMIT AND IF DISAPPROVED, THE APPLICATION WILL NEED TO BE MODIFIED TO MEET THE REQUIREMENTS OF THE ZONING CODE.
THE SITE IS A 0.28 ACRE LOT AND IS ZONED R THREE SUBURBAN RESIDENTIAL DISTRICT.
IT'S LOCATED IN THE HAWKS NEST SUBDIVISION, WHICH CONSISTS OF ALL SINGLE FAMILY HOMES.
ZOOMING IN, ZOOMING OUT A BIT ON THE SITE JUST TO SHOW THAT THE SITE IS INTERNAL TO THE NEIGHBORHOOD, AND IT IS SIMILAR IN SIZE WITH MAJORITY OF THE OTHER LOTS IN THIS SUBDIVISION, AND THAT THE SETBACKS FOR THE ZONING DISTRICT ARE APPLIED CONSISTENTLY THROUGHOUT JUST LOOKING AT SOME OF THE EXISTING CONDITIONS OF THE SITE.
THIS ADDITION WILL TAKE PLACE AT THE WESTERN ELEVATION ON THAT GARAGE SHOWN THERE,
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AND LOOKING AT OUR SITE PLAN, JUST SHOWING WHERE THAT ADDITION IS, AND IT'LL CROACH INTO THAT SIDE YARD SETBACK.THE REQUIREMENTS FOR THIS ZONING DISTRICT ARE TO HAVE A MINIMUM OF AN EIGHT FOOT SIDE YARD SETBACK ON BOTH SIDES WITH A TOTAL MINIMUM SIDE YARD SETBACK OF 18 FEET.
THIS VARIANCE REQUEST, THIS REQUEST WOULD REQUIRE TWO VARIANCES TO BE APPROVED.
ONE FOR A GARAGE ADDITION TO ENCROACH THREE FEET INTO THE EIGHT FOOT SIDE YARD SETBACK ON THAT WESTERN SIDE OF THE PROPERTY.
AND ALSO TO REDUCE THE TOTAL SIDE YARD SETBACK OF A BY APPROXIMATELY TWO FEET.
FOR VARIANCE CRITERIA A, ALL THREE OF THE FINDINGS ARE REQUIRED TO BE MADE.
WE FOUND THAT THERE ARE NO SPECIAL CONDITIONS APPLICABLE TO THE SITE.
THE SITE IS SIMILAR IN SIZE TO OTHER LOTS IN THE SUBDIVISION.
WE FOUND THAT THIS PROPOSAL WOULD CONSTITUTE ACTION BY THE APPLICANT, AND WE FOUND THAT THIS REQUEST WOULD IMPAIR THE INTENT OF THE CODE REQUIREMENTS.
SO NONE OF THE CRITERIA HAVE BEEN MET FOR VARIANCE CRITERIA B, AT LEAST TWO OF THE FOUR REQUIRED TO BE MET.
AND THIS HAS BEEN MET IN THIS CASE.
WE DO BELIEVE THAT GRANTING THIS EXPERIENCE REQUEST WOULD GRANT SPECIAL PRIVILEGES TO THE APPLICANT.
THIS REQUEST IS NOT RECURRENT IN NATURE.
IT WOULD NOT IMPACT THE, THE DELIVERY OF GOVERNMENTAL SERVICES.
AND WE DO BELIEVE THAT OTHER OTHER METHODS ARE AVAILABLE THAT THEY COULD BUILD AN ADDITION THAT WOULD MEET CODE REQUIREMENTS OR EXPLORE OTHER OPTIONS THAT WOULD GIVE THEM THE STORAGE THAT THEY'RE LOOKING FOR.
WITH THAT PLANNING RECOMMENDS DISAPPROVAL OF THE VARIANCE REQUESTS, AND I'M HAPPY TO ANSWER ANY QUESTIONS.
UH, DO WE HAVE ANY PRELIMINARY QUESTIONS OR STAFF AT THIS MOMENT? UH, JUST FOR CLARIFICATION, THE, UM, SO THERE, THERE WERE TWO PORTIONS OF THE, UM, UH, THE REQUEST.
IT'S TO, UH, IT WOULD BE AN ENCROACHMENT, UH, THREE FEET INTO THE SIDE YARD, UH, SETBACK.
UM, AND WHAT WAS THE OTHER ONE? REDUCING THE SIDE YARD SETBACK BY TWO FEET OR ONE FOOT? YES, THERE'S A TOTAL SIDE YARD SETBACK REQUIREMENT OF 18 FEET.
SO GRANTING THIS REQUEST WOULD ALSO REDUCE THAT TOTAL BY APPROXIMATELY TWO FEET, TO MY UNDERSTANDING.
ANY QUESTIONS OR ANYTHING FROM ANYBODY AT THE BOARD? OKAY.
UH, AT THIS TIME, UM, WE REQUEST THAT THE APPLICANTS, UM, PLEASE APPROACH THE, UH, PODIUM, UH, ENSURE THAT THE MICROPHONE IS ON BY.
UH, THERE'LL BE A GREEN LIGHTS.
AND, UH, PLEASE INTRODUCE YOURSELF.
UH, YOUR NAME AND ADDRESS FOR THE RECORD.
SIMPLIFIED LIVING ARCHITECTURE TWO ZERO OR 2 2 0 WEST BRIDGE.
AND THAT'S YOUR BUSINESS ADDRESS, CORRECT? YES.
UM, SO YEAH, WITH THIS, UM, THE APPLICANT HAS A VERY NARROW, UM, GARAGE.
THEIR GARAGE IS ONLY 20 FOOT SEVEN INCH OR 20.7 FEET WIDE.
UM, SO JUST A LITTLE BIT MORE THAN TWO FEET ON EITHER SIDE OF THE DOOR ONCE THE 16 FOOT DOOR'S OPEN.
SO THEY'RE JUST LOOKING FOR SOME ADDITIONAL SPACE TO BE ABLE TO STORE, UM, GARBAGE CANS AND BIKES AND ALL OF THE THINGS, YOU KNOW, THE TOYS THAT KIDS HAVE.
AND ALSO BE ABLE TO PUT BOTH OF THEIR VEHICLES IN THE GARAGE.
'CAUSE RIGHT NOW THEY CAN ONLY FIT ONE VEHICLE IN THE GARAGE.
UM, UNFORTUNATELY THEIR FAMILY ROOM IS BEHIND THE GARAGE, SO THERE'S NO SPACE TO PUSH THE GARAGE BACK TO BE ABLE TO DO LIKE A TANDEM PARKING WHERE THEY COULD BUILD SOME SPACE BEHIND THE EXISTING GARAGE TO GET SOME ADDITIONAL STORAGE SPACE.
SO UNFORTUNATELY, WITH THE WAY THAT THE GARAGE IS SITUATED WITHIN THE DESIGN OF THE HOUSE AND ALSO ON THE PROPERTY, THERE'S NO AVAILABILITY TO ADD ANY ADDITIONAL STORAGE SPACE WITHOUT ADDING A SHED OR SOMETHING LIKE THAT TO THE PROPERTY.
UM, AND THEN IT, YEAH, IT'S JUST UNFORTUNATE THAT WHEN THE HOUSE WAS BUILT, IT WAS PRETTY MUCH CENTERED ON THE LOT.
INSTEAD OF IT GOING ONE DIRECTION OR ANOTHER WHERE THEY COULD HAVE A LITTLE BIT MORE BUILDABLE SPACE AND USE THOSE FEW INCHES THAT ARE, OR FEW FEET THAT ARE ON EITHER SIDE TO BUILD SOME ADDITIONAL, UM, SPACE ONTO THE HOUSE.
UM, SO I KNOW THAT THEY HAVE A NEIGHBORING PROPERTY THAT THEY ACTUALLY, WHEN IT WAS CONSTRUCTED, THEY HAD PUT A FEW ADDITIONAL FEET ON THE SIDE TO BE ABLE TO HAVE SOME SPACE FOR GARBAGE CANS AND BIKES AND THINGS LIKE THAT.
SO THEY'RE NOT ASKING FOR, UM, MUCH
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SPACE.IT'S JUST ADDING FOUR ADDITIONAL FEET IN ORDER TO, UM, HAVE GARBAGE CAN SOME SPACE FOR GARBAGE CANS AND BIKES AND THINGS LIKE THAT JUST SO THEY CAN'T HAVE ADDITIONAL, ANOTHER VEHICLE IN THE GARAGE INSTEAD OF IT SITTING IN THE DRIVEWAY OR SITTING ON THE STREET FOR PARKING.
UM, DO WE HAVE ANY, UH, QUESTIONS FOR THE, THE APPLICANT AT, UH, AT THIS POINT? UM, IS, YOU SAID IT WAS 20 FEET, SEVEN INCHES, IS THAT THE WIDTH, THE WIDTH OF THE EXISTING GARAGE? CORRECT.
IS THAT FROM WALL TO WALL OR OPENING TO LIKE END OF THE OPENING? END OF THE OPENING? THAT IS, SORRY, SORRY.
UH, COULD WE PULL UP THE SITE PLAN JUST AS A VISUAL? THAT MIGHT BE, THAT IS, YEAH.
AND, UM, IS THE, HOW THIS HOUSE IS DESIGNED, IS IT A TYPICAL DESIGN WITH THE GARAGE BEING HOW IT IS OR, UM, IS THIS KIND OF A UNIQUE WITH THE LIVING ROOM BEHIND IT? UM, I DON'T KNOW IF YOU HAVE ANY PERSPECTIVE ON THE OTHER HOUSES IN THE NEIGHBORHOOD.
ARE YOU THE HOMEOWNER OR ARE YOU JUST SPEAKING ON BEHALF OF THE HOMEOWNER? I'M THE ARCHITECT.
THE HOMEOWNERS HERE AS WELL, IF YOU HAVE QUESTIONS FOR THE HOME.
UH, SO IN TERMS OF THE, UH, THE VEHICLES THAT ARE, UH, MEANT TO BE STORED IN THE, IN THE GARAGE, UH, WHAT, WHAT VEHICLES ARE THEY? UM, OH,
I'LL JUST ASK THAT YOU, UH, STATE YOUR NAME AND ADDRESS FOR THE, FOR THE RECORD.
I DID SEE YOU RAISE YOUR HAND.
SO YOU'VE BEEN SWORN IN, UH, ROGER SHOE BACK, 6 1 5 1 WID IN COURT, DUBLIN, OHIO.
UH, YEAH, MY WIFE AND I ARE, ARE DOING A REMODEL ON OUR HOUSE SO THAT WE CAN STAY IN THE HOUSE.
OUR FAMILY'S ACTUALLY QUITE LARGE.
WE HAVE FOUR CHILDREN AND THREE VEHICLES.
UH, ONE OF THOSE VEHICLES IS A VAN IN WHICH WE CAN CARRY OUR ENTIRE FAMILY.
THE OTHER TWO VEHICLES ARE MY WIFE AND I'S PERSONAL VEHICLES THAT WE DRIVE TO WORK OR TO COMMUTE WITH, ET CETERA.
UM, BECAUSE OF THE SITUATION WITH THE GARAGE ONLY HOLDING TWO VEHICLES, IF IT WERE COMPLETELY EMPTY, WE CAN NOW ONLY FIT ONE VEHICLE IN THERE, UH, BECAUSE OF OTHER ITEMS IN THE GARAGE, KIDS TOYS, BIKES, GARBAGE CANS, ET CETERA.
UH, THIS SMALL ADDITION WILL ALLOW US TO PUSH MORE THINGS OFF TO THE SIDE AND FIT TWO CARS INTO THE GARAGE, AND THEN ANOTHER CAR INTO THE DRIVEWAY.
UH, CURRENTLY I PARK MY CAR IN THE STREET PRETTY CONSISTENTLY SO THAT I'M NOT BLOCKING ANYONE IN.
UM, SO THIS WILL BE A LITTLE BIT SAFER, I THINK FOR THE ENTIRE STREET.
UH, WE DO HAVE SEVERAL SMALL CHILDREN LIVING ON THE STREET, SO TO GET AS, AS MANY ITEMS AS MANY CARS OFF THE STREET AS POSSIBLE IS, IS SOMETHING THAT WE WANT TO DO, UM, IN ORDER TO IMPROVE THE COMMUNITY, UH, ITSELF.
AND OUR HOUSE IS, UM, IT'S UNIQUE IN THAT MANY OF THE HOUSES IN THE NEIGHBORHOOD ARE THREE CAR GARAGES.
UH, SO THIS LITTLE BUMP OUT EXTENSION OFF TO THE SIDE WILL GIVE US THAT ADDITIONAL STORAGE TO MAKE IT MORE EQUIVALENT WITH OTHER HOUSES IN THE NEIGHBORHOOD.
UM, DID YOU, UM, LOOK WHAT OTHER KIND OF LIKE NON-CONSTRUCTION OR NON-A ADDITION OPTIONS, DID YOU LOOK AT? LIKE, IS THERE A, MAYBE THIS IS FOR THE CITY TOO.
I, I CAN'T SPEAK IF THESE THINGS ARE ALLOWED, BUT DID YOU DISCUSS WITH THE CITY IF THERE WAS LIKE A FENCED IN AREA OR LIKE SOMETHING ALONG THE SIDE OF THE HOUSE THAT COULD, UM, LIKE IN A LANDSCAPE WAY OR LIKE YOU SAID, A SHED OR AN APPROPRIATE OTHER STRUCTURE ON THE SIDE OF THE HOUSE INSTEAD OF DOING AN ADDITION? UH, NO.
I, I, I GUESS I HAVE NOT, BUT I THINK A SHED IS, IS PROBABLY A LITTLE BIT VISUALLY MORE INTERRUPTING AND ALSO WOULD PROBABLY ENCROACH FURTHER ONTO THE, THE NEIGHBORING PROPERTY.
UM, AND ALSO MAYBE, YOU KNOW, BE SOMETHING THAT, UH, WOULDN'T BE QUITE AS ACCESSIBLE AND SECURE AS THE GARAGE ITSELF AND ALL ON THAT SIDE WITH THE FAMILY ROOM BEING RIGHT BEHIND THE GARAGE, RIGHT BEHIND THE FAMILY ROOM IS ALREADY A PATIO SPACE BACK THERE.
SO TO BE ABLE TO HAVE SOMETHING BACK
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THERE WOULD HAVE TO BE PUSHED QUITE A BIT FURTHER BACK ONTO THE PROPERTY.AND THEN FOR STORING TRASH CANS AND THINGS LIKE THAT, IT'S NOT REALLY ACCESSIBLE TO BE ABLE TO TAKE THOSE FROM BACK THE BACKYARD ALL THE WAY UP TO THE STREET.
AND I, I'D ALSO ADD OUR NEIGHBOR'S HOUSE NEXT DOOR HAS A VERY SIMILAR FEATURE ON ITS GARAGE.
THEY ONLY HAVE THE TWO DOOR GARAGE, BUT THEY ALSO HAVE, THEY HAVE A BUMP OUT TO THE SIDE.
UM, THEIR HOUSE MUST HAVE POI BEEN POSITIONED IN THE LOT ON SUCH A WAY THAT, THAT, THAT BUMP OUT DID NOT ENCROACH.
WHEREAS OUR HOUSE, I BELIEVE WE HAVE QUITE A BIT OF SPACE, UH, IF YOU'RE LOOKING AT THAT LAYOUT TO THE RIGHT OF THE HOUSE OR WHAT WOULD BE TO THE EAST OF THE HOUSE.
UM, SO OUR HOUSE WAS KIND OF POSITIONED IN A, A LITTLE BIT OFFSET.
BUT YEAH, WE HAD, YOU KNOW, JUST LOOKING AT THE PROPERTY AND THE ZONING, LIKE THERE WAS REALLY NO OTHER OPPORTUNITIES TO LOOK AT OF WHERE SPACE COULD BE ADDED FOR THE STORAGE.
YOU KNOW, IT JUST MAKES THE MOST SENSE THAT IT'S RIGHT NEXT TO THE EXISTING GARAGE.
UH, IF THE ADDITION WERE TO BE ADDED, DO YOU KNOW HOW CLOSE OR FAR AWAY THAT WOULD BE TO THE HOUSE IMMEDIATELY ADJACENT TO YOU ON THAT SIDE ESTIMATE? I GUESS IN FEET, IF THE, IF THIS ADDITION GOES OUT FOUR FEET AND THEY HAVE EIGHT FEET HERE AND WE HAVE EIGHT, WE'LL HAVE FOUR, WHAT, 12 FEET? I BELIEVE 12 BETWEENING THE HOUSES.
UM, CURRENTLY THAT SPACE IS ACTUALLY A MULCH BED.
SO IF, IF WE, IF YOU KIND OF IMAGINE WHAT A MULCH BED LOOKS LIKE, IT WOULD GO OUT TO THAT CURRENT MULCH BED.
AND IF WE HAD A BED THERE, WHEN WE DO PUT A BED IN, WE'LL MAKE IT A LITTLE SMALLER.
SO IT'S, YOU KNOW, THERE'S A LITTLE BIT OF A YARD THERE AND MM-HMM
AND THE PASSAGEWAY WITH BETWEEN THE TWO HOUSES WILL BE A, A YARD AND A CONTINUOUS, UM, KIND OF PATHWAY.
SO WITH THE ADDITION ACT LIKE THE HOUSE IS NINE FEET OFF THE PROPERTY LINE NOW.
SO WITH THAT, WE WOULD BE, WE WOULD STILL BE FIVE FEET OFF THE PROPERTY LINE, WHICH THEN WE DON'T HAVE TO DO ANY TYPE OF FIRE RATING AT THE FIVE FOOT MARK.
UM, AND THEN THE NEIGHBORING WOULD BE AT MINIMUM OF EIGHT FEET.
SO WE'RE AT LEAST, WE'RE AT LEAST 13, 13 FEET OFF THAT NEIGHBORING PROPERTY HOME.
SO IN TERMS OF THE, UH, UH, UH, A POTENTIAL, UH, ALTERNATIVE OR, OR COMPROMISE, UM, AND THIS MIGHT BE SOMETHING THAT, THAT YOU CAN, UH, COMMENT ON, UH, FROM OUR INFORMATION, IT SAID THAT YOU, UH, WOULDN'T BE IN, UH, VIOLATION IF THEY EXPANDED ONE FOOT, UM, INTO THE, UH, THE AREA RATHER THAN THE, THE PROPOSED, UH, AMOUNT OF SPACE.
HOW, HOW WAS THE, UM, UH, HOW WAS THIS, UH, THE, THIS MEASURE, UM, ARRIVED AT? HOW DID YOU COME TO THE, THE CONCLUSION FOR THE, UM, UH, THEY WOULD ENCROACH THE THREE EXTRA FEET OR AS OPPOSED TO SAY JUST ONE FOOT AND THEN OH, YOU'RE JUST SAYING LIKE, YOU COULD DO THE ONE FOOT OH, FROM A, WITHIN THE SETBACK.
FROM LIKE A COST MATERIAL BENEFIT STANDPOINT.
I THINK IF WE ADD ONE FOOT OUT, UM, YOU KNOW, BY THE TIME YOU HAVE DRYWALL STUDS, EVERYTHING ELSE, I, I, I THINK, YOU KNOW, WE'RE, WE'RE GAINING VERY MINIMAL STORAGE VERSUS THIS IS MINIMALLY, MINIMALLY INVASIVE ON THE SETBACK.
AND FROM A COST STANDPOINT, MATERIAL STANDPOINT AND BENEFIT STANDPOINT MAKES MORE SENSE AND, AND WOULD WORK, YOU KNOW, BETTER IN THE SITUATION GIVEN THE EXTRA STORAGE THAT WE WOULD LIKE TO GET.
YEAH, UNFORTUNATELY, WITH JUST ADDING A FOOT LIKE THAT DOESN'T EVEN GIVE SPACE FOR MORE THAN A BICYCLE.
IT DOESN'T EVEN FIT A TRASH CAN OR RECYCLE BIN OR ANYTHING LIKE THAT IN THE SPACE.
UM, SO I GUESS IN TERMS OF A, UH, ADDING TO THAT, IF, UM, A SAY A FLAT CEMENT SURFACE, UM, RATHER THAN A STRUCTURE OR SOMETHING IN ADDITION TO THE FOOT WHERE THE, UH, TRASH AND RECYCLING BINS COULD BE, UH, PLACED, UM, WOULD THAT BE A POTENTIAL SOLUTION AS WELL? UM, SO YOU'D GET THAT EXTRA FOOT FOR HOWEVER MUCH SPACE THAT CAN AFFORD YOU, AND THEN YOU WOULD HAVE THE, LIKE AN EXTERIOR
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FLAT CEMENT STRUCTURE WHERE YOU COULD POTENTIALLY KEEP THE, THE WASTE BINS OUTSIDE OF THE, UH, OF THE GARAGE.WOULD THAT BE A, A POTENTIAL COMPROMISE? I THINK FOR THE NEIGHBORHOOD, I THINK THAT THEY WOULD RATHER SEE SOME, A STRUCTURE COMPLETELY CLOSING OFF THE TRASH CANS.
UM, 'CAUSE THAT WOULD, THE SPIN OR THE SLAB IN THE STRUCTURE WOULD STILL BE WITHIN THE SETBACK AND WOULD STILL NEED A VARIANCE FOR THAT.
LIKE, AND THIS ALSO STILL DOESN'T GIVE ANY SPACE FOR BICYCLES OR KIDS TOYS OR ANYTHING LIKE THAT, THAT WOULD STILL HAVE TO BE IN THE GARAGE, WHICH MEANS THERE'S STILL ONLY SPACE IN THE GARAGE FOR ONE VEHICLE.
AND, UH, DO YOU HAVE ANY, UH, SHEDS OR STRUCTURES FOR STORAGE ELSEWHERE ON THE PROPERTY? LIKE THE BACKYARD OR, UH, STORING LAWNMOWERS, THAT KIND OF THING? NO, NO.
THERE IS A SMALL SHED IN THE BACK, I GUESS, BUT IT'S LIKE A PLASTIC DEAL, BUT OFF TO THE SIDE, BUT, OKAY.
DO YOU HAVE ANY OTHER QUESTIONS AT THIS TIME? UNFORTUNATELY, A QUESTION FOR THE BOARD, UH, IS THAT TRUE OR DO YOU KNOW IF THIS RULE, SAME SETBACK RULES APPLY FOR LIKE A PAVERS OR LANDSCAPING OR A PA A CEMENT PATIO ON THE SIDE OR SOME SORT OF SOMETHING LIKE THAT? ANY CEMENT PAVING OR ANYTHING LIKE THAT WOULD HAVE TO MEET THE SAME SETBACK REQUIREMENTS, BUT NOT LIKE LANDSCAPING.
NOT LANDSCAPING, THAT COULD EXTEND FURTHER.
ANY OTHER QUESTION? ANY OTHER QUESTIONS OR, UH, I SUPPOSE WE CAN ENGAGE IN? PLEASE GO FOR IT, PLEASE.
I'M SORRY, I JUST CAME UP WITH ONE MORE QUESTION.
UM, YOU MENTIONED SOME THINGS ABOUT THE CHARACTER OF THE OTHER HOUSES IN THE NEIGHBORHOOD IN YOUR PRESENTATION.
UM, HE, THIS, UM, SORRY, MR. ACH JUST SAID THAT THE, THEIR HOUSE IS A LITTLE BIT UNIQUE IN THAT THE GARAGE, WHAT IS, OR THAT BOTH AT THE HOUSE IS CENTERED DIFFERENTLY THAN OTHER HOUSES AND THAT, AND THAT THEIR GARAGE IS NARROWER, I GUESS, OR THERE'S A TWO CAR INSTEAD OF A THREE CAR.
IS, DO YOU HAVE ANY INFORMATION TO, UH, COUNTER THAT THERE ARE THREE CAR GARAGES IN THE NEIGHBORHOOD, BUT AS FAR AS THE LOT SIZES AND THE SETBACK REQUIREMENTS, THEY'RE VERY SIMILAR IN SIZE AND THEY ALL HAVE TO FOLLOW THE SAME SETBACK REQUIREMENTS.
BUT YES, THERE ARE THREE CAR GARAGES, BUT THERE ARE OTHER TWO CAR GARAGES.
LIKE DOES EVERY HOUSE HAVE A THREE CAR GARAGE OR NO? DO YOU KNOW? OKAY.
SO ON, ON THIS STREET, AND IF YOU WANNA PULL THE ARIEL UP, UM, IT APPEARS THAT MOST OF THE HOMES DO HAVE THREE CAR GARAGES.
I THINK THERE IS ONE MAYBE CATTYCORNER FROM, FROM THIS PROPERTY THAT HAS A TWO CAR.
BUT, UM, TO WHAT HAS BEEN STATED BEFORE TO OUR AWARENESS, A LOT OF THESE, OR ALL OF THESE LOTS DO MEET ALL THE SIDE YARD AND REAR YARD SETBACKS, WHICH ARE APPLICABLE TO THIS SITE TOO.
CAN YOU TELL IF FROM THESE PICTURES, IF IT'S A TWO OR THREE CAR GARAGE OR JUST GUESSING BY THE, LIKE THE DRIVEWAY OR
YEAH, IT LOOKS LIKE THEIR HOUSE DIRECTLY WEST OF THEM IS VERY SIMILAR SETUP WITH THE TWO CAR GARAGE.
AND LIKE, AND SAME WITH THE ONE NEXT TO THAT IS FROM.
DO YOU HAVE ANY OTHER QUESTIONS FOR, UH, PLEASE,
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OKAY.UH, AT THIS TIME, YOU, YOU, UH, MAY BE SEATED.
UH, WE WILL ENGAGE IN OUR, UH, DISCUSSION.
UM, BUT IF WE HAVE ANY OTHER QUESTIONS, WE MAY CALL YOU BACK UP.
SO IN TERMS OF THE, UH, UH, ELEMENTS THAT WE WOULD HAVE TO, TO MEET FOR THE, UM, UH, TO GRANT A VARIANCE, UM, WE, UH, I THINK WE'D RUN INTO SOME ISSUES WITH THE, UM, UH, SPECIAL CONDITIONS AND CIRCUMSTANCES, CIRCUMSTANCES, UH, WITH THE, UM, UH, THAT WERE PARTICULAR TO THE LAND, UM, UH, COM COMPLIANCE OR NON-COMPLIANCE WITH, UM, THE, THE GENERAL AESTHETICS OR THE, UH, UH, THE SCHEMATICS OF OTHER HOMES IN THE, THE AREA OF SOME HAVING THREE CAR GARAGES, A FEW HAVING TWO CAR GARAGES LIKE THIS ONE.
UM, BUT NOT REALLY, UH, DUE TO ANY SORT OF NATURAL FEATURES, IT'S NOT, YOU KNOW, UH, IT LOOKS LIKE IT'S A FAIRLY LEVEL, UH, PLANNED, UH, NEIGHBORHOODS.
SO, UH, I'M NOT SEEING ANY SPECIAL CIRCUMSTANCES THAT WOULD, UH, ASIDE FROM JUST DESIRING MORE SPACE FOR STORAGE, UM, OF PARTICULAR ITEMS, UH, THAT WOULD, THAT WOULD, WOULD FALL WITHIN THE, UM, UH, FALL WITHIN THIS CRITERIA.
UH, AND THE, UH, IT'S, UH, AND, AND THE OTHER, THE SECOND ELEMENT, OF COURSE, THE, UH, WHETHER IT'S NECESSITATED BY THE, UH, APPLICANT'S, UH, ACTION OR INACTION, UM, CLEARLY IT'S, IT, IT APPEARS TO BE SORT OF A, A PREFERENCE, UH, WHERE OTHER ALTERNATIVES MIGHT, MIGHT DO, UM, AND IF IT'S STRICTLY FOR, UH, FOR STORAGE.
UM, BUT, UH, OBVIOUSLY WE WOULD WANNA
BUT UNFORTUNATELY, I DON'T THINK THAT'S A, UH, A REASON THAT WOULD, UH, NECESSITATE THE, UH, THE EXTRA, EXTRA SPACE, UH, OR THE, UH, ENCROACHMENT INTO THE, UH, NON-USE, UH, THE, UH, THE MAG AREA.
UH, DO YOU HAVE ANY QUESTIONS OR COMMENTS OR ANYONE ELSE WANNA YEAH, UM, I THINK I HAVE SOME DISAGREEMENTS.
UM, I WILL, I WILL, UH, SAY FOR THE SPECIAL CONDITIONS, I, I DO THINK IT'S PERSUASIVE THE HOUSE BEING A TWO CAR GARAGE AND A LOT OF THE OTHER ONES BEING A THREE CAR GARAGE AND THE POSITIONING OF THE, UM, STRUCTURE ON, ON THE LOT.
SO THAT WOULD BE FINE WITH ME FOR MEETING THAT CRITERIA.
AND THEN, UM, FOR TWO, I, I UNDERSTAND THE, UM, THE FACT THAT THEY APPLIED, YOU KNOW, SEEMS TO BE GETTING PUT BACK ON THEM BECAUSE THEY HAVE POTENTIAL OTHER REASONS, BUT IT SOUNDS LIKE WHAT THEY'RE TRYING TO PUT IN STORAGE IS TYPICAL GARAGE STUFF THAT YOU PUT IN STORAGE, UM, BIKES AND, AND TRASH CANS.
AND, UM, I THINK IT'D BE IMPRACTICAL TO HAVE THEM PUT THEM IN A SHED, WHETHER IT BE BEHIND THE HOUSE OR I DON'T THINK IN FRONT OF THE HOUSE WOULD WORK EITHER.
SO, UM, I WOULD FIND CRITERIA TWO MET, AND THEN I WOULD FIND CRITERIA THREE AND A MET AS WELL.
I DON'T THINK THREE FEET IS A HUGE DEAL, UM, AND IT STILL SOUNDS LIKE THERE'S A DECENT AMOUNT OF FEET AFTER THE CALCULATION.
SO, UM, I WOULD FIND THOSE, AND THEN I WOULD AGREE WITH THE CITY ON CRITERIA B AS TO TWO AND TWO AND THREE.
SO I WOULD, UH, I WOULD BE OF THE OPINION OF APPROVING THE VARIANCE.
YEAH, I GUESS I HAVE A BIT OF A CONCERN WITH THIS BEING ON THE SIDE ENCROACHMENT AND THEREBY KIND OF BRINGING THE NEIGHBOR'S PROPERTY INTO THE PICTURE A LITTLE MORE THAT, UM, I MEAN, IF, AS OPPOSED TO IF IT WAS IN THE BACK OR THE FRONT WHERE THERE'S NEIGHBORS ARE FARTHER AWAY AND THERE'S A LOT MORE SPACE
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BETWEEN HOUSES, BUT I MEAN, YOU'RE TALKING ABOUT 18 FEET TOTAL, I BELIEVE, BETWEEN THESE HOUSES.AND TO TAKE FIVE OF THAT AWAY, OR FOUR OF IT AWAY ON ONE SIDE, UM, IS GONNA BRING IT, YOU KNOW, THAT MUCH CLOSER TO THEIR NEIGHBOR'S HOUSE.
AND, UM, YOU KNOW, IT MAKES IT ALREADY NARROW SPACE, OBVIOUSLY MORE NARROW.
SO I, I GUESS I HAVE A BIT OF A CONCERN ABOUT THAT AS FAR AS, UM, THAT WOULD BE TOWARDS, I GUESS, CRITERIA A THREE.
UM, I ALSO DON'T THINK A ONE FOOT GARAGE ADDITION IS, IS GONNA SOLVE THE PROBLEM EITHER.
UM, SO, AND, AND AGAIN, I GUESS I WOULD KIND OF AGREE WITH MY COLLEAGUE HERE THAT, UM, THERE IS A, AN ARGUMENT TO BE MADE THAT THERE ARE SOME EXTENUATING CIRCUMSTANCES WITH THE SIZE OF THIS GARAGE COMPARED TO OTHER ONES IN THE POSITIONING OF THE HOUSE.
BUT I DON'T KNOW, THAT'S WHERE I'M AT RIGHT NOW.
YEAH, I ECHO SOME OF THOSE THOUGHTS TOO, JUST HOW IT MIGHT AFFECT THE NEIGHBOR PROPERTIES.
AND THEN, UM, YOU KNOW, LOOKING AT THAT AERIAL VIEW, IT, THE LOT SEEMS TO BE SIMILAR IN SIZE TO THE OTHER PROPERTIES IN THE NEIGHBORHOOD.
AND, UM, YOU KNOW, WOULD BE BE SETTING A PRECEDENCE IF THIS IS APPROVED.
AND, YOU KNOW, THE, THOSE, UH, RESTRICTIONS WERE SET FOR A REASON.
SO I'M NOT SURE EITHER RIGHT AT THE MOMENT, UH, WOULD WE KNOW EXACTLY, UH, OR, OR HAVE AN ESTIMATE OF HOW MUCH SPACE WOULD BE, UM, LEFT BETWEEN, UH, THIS RESIDENCE AND THE NEAREST NEIGHBOR IF, UH, THERE WAS AN EXPANSION, UM, HOW, UH, HOW MUCH ACTUAL PRACTICAL SPACE WOULD THERE BE BETWEEN THEM AND TWO HOMES IF THIS WERE TO MOVE FORWARD? I THINK THE ASSUMPTION OF 13 FEET WAS PROBABLY ACCURATE IN THIS CASE, WITH THE NEIGHBORING HOME REQUIRED TO MEET THE EIGHT FOOT SETBACK, AND IF THEY STILL HAVE FIVE FEET ON THAT SIDE AS WELL.
OH, DO WE HAVE ANY PUBLIC COMMENT PERHAPS FROM THE NEIGHBOR OR ANYBODY IN THE NEIGHBORHOOD OR ANYTHING? THERE WAS ONE ONLINE PUBLIC COMMENT.
DO WE HAVE THAT PUBLIC COMMENT IN OUR PACK? THAT COMMENT WAS ADDED INTO ONBOARD.
UM, IT WAS A MESSAGE FROM THE, IT WAS FROM THE, THE NEIGHBORHOOD ASSOCIATION.
UM, THAT WAS ADDRESSING THIS, IS THAT SENT OUT YESTERDAY? THAT WAS UPDATED YESTERDAY, CORRECT.
SO I GUESS, UM, WHILE WE'RE LOOKING AT THAT, UM, ONE OF THE STICKING POINTS, UH, FOR ME, UM, WITH REGARD TO THE, THE SECOND, UH, ELEMENT, UH, IS THAT, UH, THERE MAY BE SOME LESS CONVENIENT, UH, ALBEIT COMPLIANT MANNERS THROUGH WHICH, UM, THESE MEANS CAN BE MET.
[00:35:01]
UH, IF THE CONCERN IS FOR STORAGE OF RECREATIONAL EQUIPMENT OF, UM, TOYS, UH, UH, CHILD'S THINGS, BICYCLES, UM, AND THERE IS NO SHED ON THE PROPERTY, UH, THERE IS THE ALTERNATIVE THAT A SHED COULD BE, UH, CONSTRUCTED SOMEWHERE, UH, IN A COM, IN A COMPLIANT AREA OF THE PROPERTY, UM, IN THE, UH, IN THE BACKYARD.UH, IT MIGHT NOT BE AS, AS EASY AS, UH, CONVENIENT AS HAVING IT READILY AVAILABLE IN THE GARAGE, UH, FOR STORAGE.
BUT I THINK GIVEN THE, UH, THE SQUARE FOOTAGE THAT WOULD BECOME AVAILABLE FROM THE, UH, GARAGE EXPANSION, THAT MIGHT BE AN ALTERNATIVE.
UM, SO I, I DON'T SEE THIS AS BEING THE, UH, UH, NECESSITATED, UM, THE NECESSARY SOLUTION TO, TO THAT PROBLEM.
UM, SO THAT'S, UM, PART OF WHERE I, I AM, UH, IN TERMS OF MY, MY RATIONING, DOES THE SUBDIVISION ALLOW STRUCTURES LIKE SHEDS? YES.
A SHED WOULD BE ALLOWED AS LONG AS IT MET ALL THE SIDE THE SETBACK REQUIREMENTS.
I DON'T SEE, I CAN'T FIND THIS PUBLIC COMMENT IN THESE MATERIALS.
CAN YOU BE, GIVE ME ONE MOMENT AND I CAN PULL IT UP.
I KNOW THERE WAS A NOTIFICATION ON IT.
UM, IT WAS A COMMENT FROM THE TREASURER OF THE HOA ESSENTIALLY SAYING THEY WERE NOT SUPPORTIVE OF THE ADDITION IN THAT THEY FOUND ALL THE OTHER PROPERTIES IN THE SUBDIVISION WERE REQUIRED TO MEET THE SETBACK REQUIREMENTS, AND THEY BELIEVED THAT THIS PROPERTY SHOULD MEET THEM AS WELL, AND THAT IT WOULD IMPAIR THE INTENT OF THE REQUIREMENT AS IT WOULD REDUCE THE OPEN SPACE AVAILABLE.
AND, UH, WHEN WAS, WHEN WAS THAT SENT, UH, SUBMITTED TO THE CITY OF DUBLIN? WHEN WAS IT SENT? I'M SORRY.
WHEN DID, WHEN WAS THAT RECEIVED? ON TUESDAY.
DO YOU HAVE ANY OTHER, UM, COMMENTS, UH, ANYTHING ELSE WE'D LIKE TO DISCUSS OR, UM, JUST, UH, YEAH, YOU MAY, YOU MAY APPROACH, UM, WITH THE, THE PARAPHRASING OF THE PUBLIC COMMENT THAT WAS MADE, UM, SINCE THAT'S NOT AVAILABLE, I'D LIKE TO PARAPHRASE SOME OF THE COMMENTS I'VE RECEIVED FROM MY NEIGHBORS, UM, ALL OF WHICH HAVE BEEN POSITIVE AND, UH, APPROVING OF THIS ADDITION TO THE HOME THINKING IT WOULD, IT WOULD BE BEST FOR THE COMMUNITY, FOR THE STREET, UH, SPECIFICALLY OUR NEXT DOOR NEIGHBOR, UH, WHO HAS A VERY SIMILARLY STRUCTURED, UH, LITTLE POP OUT ON THEIR GARAGE.
LITTLE ADDITION SAID, OH, THAT WOULD BE, YOU KNOW, TO PARAPHRASE, THAT WOULD BE GREAT.
THAT WOULD, THAT WOULD REALLY HELP YOU GUYS OUT, GIVE YOU SOME MORE STORAGE, GIVE YOU SOME MORE ROOM.
UM, AND LIKE I SAID, WE'VE, WE'VE GROWN INTO THIS HOME.
WE'VE BEEN THERE 13 YEARS, AND WE,
[00:40:01]
WE WANT TO BE IN THE NEIGHBORHOOD, WE WANT TO BE THERE, BUT, YOU KNOW, OUR FAMILY HAS GROWN.UH, THERE'S JUST A LOT OF STUFF.
THERE'S, AND IN THE GARAGE, THERE'S YARD EQUIPMENT, THERE'S, YOU KNOW, MY LAWN MOWER, ET CETERA.
ALL THESE DIFFERENT ITEMS, ALL THE TOYS, ALL THE BIKES, IT'S ALL TAKES UP A LOT OF SPACE.
UH, IT'S JUST SOMETHING THAT WE, WE NEED THIS EXTRA SPACE, UM, IN ORDER TO GET OUR CARS IN THE GARAGE AS WELL.
UM, AND WITHOUT IT, YOU KNOW, WE, WE JUST GONNA BE IN A POSITION WHERE IT'S, IT'S GONNA MAKE IT MORE DIFFICULT FOR US, UH, LIVING IN THIS HOME, AND WE WANT TO ADD ONTO IT.
WE WANT TO BE IN THE COMMUNITY.
UM, SO I'D APPRECIATE YOUR CONSIDERATION FOR THIS.
SO TO CLARIFY, THE, UH, THE HOUSE THAT WOULD BE ON THE SAME SIDE AS THE ADDITION, THE OWNER DIDN'T OBJECT, CORRECT? THAT'S CORRECT.
AND THE NOTICE FOR PUBLIC HEARING WAS PLACED IN OUR YARD, UH, AVAILABLE FOR ALL TO SEE, UH, THERE'S NO COMMENTS OBJECTING.
UM, YOU KNOW, HAD I, I PROBABLY WOULD'VE ASKED FOR, UH, PERHAPS A LETTER OR SOMETHING HAD I KNOWN.
BUT I, TO PARAPHRASE, UH, YOU KNOW, AS WAS PARAPHRASED BY THE OTHER PUBLIC COMMENT, LIKE, OUR, OUR NEIGHBORS ARE, ARE, ARE APPROVING OF THIS.
IF I MAY, AS FAR AS THE EVIDENTIARY VALUE OF THE PARAPHRASE COMMENTS, UH, AS YOU MAY KNOW, BOTH COMMENTS HERE ARE ESSENTIALLY HEARSAY.
UH, I UNDERSTAND THOUGH THAT, UH, ZACH HAS A COPY OF THE OFFICIAL PUBLIC COMMENT THAT THE CITY RECEIVED RECEIVED.
AND IF YOU WOULD LIKE THE STAFF TO READ THAT VERBATIM INTO THE RECORD, YOU CAN DO SO.
HOWEVER, YOU WOULD NEED TO MOVE FIRST TO WAIVE THE 14 DAY EVIDENTIARY SUBMISSION PERIOD, AND THEN TO ACCEPT IT AS, UH, RECORD EVIDENCE.
HOW DO WE FEEL IF WE'D LIKE TO HAVE IT READ INTO THE RECORD? I'M, I'M ASSUMING SO, JUST SO WE CAN BE THOROUGH.
UH, DO WE HAVE A MOTION TO WAIVE THE 14 DAY, UH, PERIOD OF
DO WE HAVE A SECOND? SECOND, SECOND.
UM, MR. PATAR, COULD YOU YEAH.
SO THIS LETTER THAT THE CITY RECEIVED IS DATED MAY 26TH, 2026.
IT WAS RECEIVED FROM THE HAWKS NEST HOMEOWNERS ASSOCIATION BOARD, AND IT READS, DEAR BOARD OF ZONING APPEALS, FOLLOWING UP ON THE VOICEMAILS THAT WE LEFT, THE RESIDENTS OF THE HAWKS, THE HAWKS NEST RESIDENCE OWNER, UH, ASSOCIATION, THE HNHA RECEIVED THE ATTACHED PUBLIC NOTICE FROM THE CITY OF DUBLIN BOARD OF ZONING APPEALS REGARDING THE PROPOSED EDITION AT THE S SHOEBOX RESIDENCE AT 61 51 WIGGY IN COURT, DUBLIN, OHIO.
THE PUBLIC NOTICE WAS THE FIRST TIME THE HNHA LEARNED ABOUT THE PROPOSED PROJECT.
IT APPEARS FROM THE ARCHITECT SUBMITTING THE PRO THE PROJECT PLAN THAT THE PROPOSED PROJECT WOULD ADD FOUR FEET TO THE SIDE OF THE REAR SIDE OF THE GARAGE, NARROWING THE DISTANCE FROM THE EXISTING SIDEWALL OF THE GARAGE TO THE PROPERTY LINE FROM NINE FEET TO FIVE FEET, AND PLACING THE ADDITION INTO THE NO BUILD ZONE BY THREE FEET.
HNHA OPPOSES GRANTING THE, THE NON-USE AREA VARIANCE BY THE PROPOSED PROJECT FOR THE FOLLOWING REASONS.
THE VARIANCE WOULD ALTER THE VISUAL LOOK OF THE HAWKS NEST NEIGHBORHOOD BY BRINGING A PERMANENT STRUCTURE TOO CLOSE TO THE PROPERTY LINE AND TOO CLOSE TO THE NEIGHBORING RESIDENCE.
THE SIDE YARD SETBACKS OF THE NEIGHBORHOOD HAVE LONG BEEN ESTABLISHED.
MOST ORIGINAL BUILDERS IN HAWKS NEST CONSTRUCTED HOMES WITH THE MAXIMUM WIDTH PERMITTED BY THE CITY OF DUBLIN ON EACH LOT.
MANY HOMES AND HOS NEST ARE ALREADY CLOSELY POSITIONED NEXT TO EACH OTHER.
PROPERTY OWNERS AND HOS NEST SUBDIVISION CHOSE TO ABIDE BY THE HOS NEST HOMEOWNERS ASSOCIATION CODE OF REGULATIONS AND ABIDE BY THE DECLARATION OF RE OF RESTRICTIONS ATTACHED TO EACH PROPERTY OWNER'S DEED WHEN THEY PURCHASED THEIR PROPERTY.
THE DECLARATION OF RESTRICTIONS WERE CLEARLY NEGOTIATED BY THE CITY OF DUBLIN AND THE DEVELOPER OF THE HAWKS NEST SUBDIVISION, AND APPROVED BY THE CITY OF DUBLIN, REQUIREMENTS OF THE HAWKS NEST HOME HOMEOWNERS ASSOCIATION CODE OF REGULATIONS AND THE HAWKS NEST SUBDIVISION'S DECLARATION OF RESTRICTIONS PROHIBIT THE VARIANCE BEING CONSIDERED BY THE CITY OF DUBLIN BOARD OF ZONING APPEALS.
THE PROPERTY OWNERS OF 61 51 WIGGIN COURT, DUBLIN, OHIO, HAVE NOT APPROACHED THE HNHA BOARD, UH, REQUESTING A VARIANCE TO THE HAWKS NEST HOMEOWNERS ASSOCIATION
[00:45:01]
CODE OF REGULATIONS AND THE DECLARATION OF RESTRICTIONS IF APPROVED BY THE CITY OF DUBLIN BOARD OF ZONING APPEALS, A PRECEDENT WOULD BE SET ENCOURAGING MORE PROPERTY OWNERS TO SEEK APPROVAL FROM THE CITY OF DUBLIN AND BY THE H NHA BOARD FOR FUTURE SETBACK SLASH NOBU ZONE VARIANCE REQUEST THROUGHOUT HOS NEST SUBDIVISION BUILDING INTO NO BUILD ZONES, UH, WILL PERMANENTLY ALTER OUR, OUR CAREFULLY PLAN NEIGHBORHOOD.THE HNHA BOARD IS NOT IN FAVOR OF THE VARIANCES BEING GRANTED BY THE CITY OF DUBLIN BOARD OF ZONING APPEALS.
NONE OF THE BOARD MEMBERS ARE ABLE TO ATTEND THE MAY 28TH PUBLIC HEARING ON THE V THIS VARIANCE REQUEST.
THIS LETTER IS BEING SENT IN LIEU OF APPEARING AT THE PUBLIC HEARING.
THANK YOU FOR YOUR CONSIDERATION.
IN THIS, THE SIGNATURES ON THIS ARE, UH, BARACK KRISHNAN, PRESIDENT CARMEN SAVINO, VICE PRESIDENT AND SUSAN SEAMAN, UH, TREASURER.
UM, NOW, UH, AS A JUST POINT OF ORDER, WE, WOULD THEY BE, UH, IF WE GRANTED THE, UM, VARIANCE AND ALLOW THEM TO BUILD INTO THE, THEIR QUOTE NO BUILD ZONE, UH, WOULD THEY BE IN STILL IN VIOLATION OF THEIR HOA? UH, I KNOW THAT'S NOT BINDING ON US.
UH, THAT'S A POINT OF OF ORDER.
SO THE CITY OF DUBLIN WOULD NOT, WE DO NOT REGULATE ANY DEED RESTRICTIONS OR, UH, ANYTHING THAT IS PRIVATE AGREEMENTS BETWEEN PROPERTY OWNERS AND THEIR HOA.
SO IT'S HARD FOR US TO SAY, UM, AND WE, WE WOULD HAVE THE ZONING PROCESS, BUT IF THERE'S AN ALTERNATE, UM, NOT ALTERNATE, BUT ADDITIONAL PROCESS NEEDED WITH THEIR HOA, THEY WOULD HAVE TO GO THROUGH THAT AS WELL.
UM, WE JUST HAVE NO INVOLVEMENT WITH THAT.
JUST WANTED TO MAKE THAT POINT FOR CLARIFICATION JUST FOR, FOR OUR, UH, UH, PURPOSES OF OUR DISCUSSION.
UM, I, I WOULD ALSO NOTE TOO, THAT, UM, ONE OF THE CONSIDERATIONS FOR GRANTING THESE VARIANCES ISN'T NECESSARILY THE, UM, WELL, OBVI, OBVIOUSLY, WE DO CONSIDER THE, UM, YOU KNOW, THE, THE IMPACT ON THE, THE NEIGHBORS, UH, AND THE INDIVIDUALS RESIDING IN THOSE, UH, IN THESE RESIDENCES.
UH, BUT WE DO CONSIDER THE CHANGES, ESPECIALLY WHEN THEY'RE, YOU KNOW, PERMANENT OR RELATIVELY PERMANENT IN, UH, NATURE, UH, AS THEY DO RUN WITH THE LAND, AND HOW THEY MAY IMPACT OR AFFECT, UM, FUTURE OWNERS OF, UH, THAT PROPERTY AND, UH, THE, UM, SURROUNDING PROPERTIES.
UM, SO WHILE IT IS, UH, OBVIOUSLY VERY COMPELLING TO TAKE INTO CONSIDERATION THE, UH, PRESENT DAY IMPACTS ON THE, UH, HOMEOWNER, UH, WE, WE ARE, ARE SORT OF BOUND BY THESE, UH, UH, ORDINANCES THAT WOULD, UH, THAT, THAT LOOK TO THE FUTURE, UM, AND NOT JUST, UH, THE HERE AND NOW, BUT, UH, THE IMPACT THAT, UH, UH, MAKING THESE CHANGES WOULD HAVE MOVING FORWARD.
UM, SO IN TERMS OF THE, UH, ACTUAL ELEMENTS THEMSELVES, HAVE WE, UH, MOVED ANYWHERE, ANY OTHER, UH, POINTS THAT WE WOULD LIKE CLARIFICATION ON OR, UM, UM, I'M STILL WHERE I WAS AT THE BEGINNING, AND I THINK IT HELPS THAT THE, UH, NEIGHBOR HAS NOT OBJECTED TO THIS.
UH, ANY, ANYONE ELSE HAVE COMMENTS ON THE ELEMENTS? OKAY.
LOOK LIKE YOU'RE THINKING OVER THERE.
IS THERE ANYTHING YOU MIGHT BE WORKING ON? YEAH, I GUESS I'M, I'M STILL CONCERNED.
I MEAN, FOR ONE, I DON'T KNOW THAT, I DON'T THINK WE, I DON'T THINK PERSONALLY I'M, THAT THE, EVEN THOUGH IT'S BEEN READ INTO THE RECORD THAT, UM, THAT THE HOMEOWNER'S ASSOCIATION'S OPINION OR THE NEIGHBOR'S OR ANYTHING IS, IS REALLY, UM, THAT BINDING ON US OR DOESN'T MOVE ME ANYWAY, ONE WAY OR THE OTHER.
UM, YEAH, I GUESS I'M KIND OF STILL THE SAME WAY.
I, I THINK WE STILL HAVING A HARD TIME GETTING AROUND A THREE PERSONALLY, AND IT SEEMS LIKE THERE'S LESS, LESS, UH, DRASTIC MEASURES THAT COULD BE DONE AS AN ALTERNATIVE THAN, THAN GRANTING A
[00:50:01]
A VARIANCE LIKE THIS.DO YOU HAVE ANY THOUGHTS, COMMENTS? UM, UH, I WOULD SAY I'M, I'M STILL SORT OF WHERE, UH, I WAS BEFORE IN TERMS OF GRANTING THE VARIANCE.
I, UH, I DO SEE SOME, UH, VIABLE ALTERNATIVES, UM, FOR, TO FACILITATE STORAGE ON THE PROPERTY THAT, UH, WOULDN'T, UM, REQUIRE THE, UH, UH, EXPANSION OF THE GARAGE INTO THE, INTO THE SETBACK, UM, INCLUDING A SHED ON THE PROPERTY.
UM, AND I MEAN, ONE OF THE CONSIDERATIONS IS THAT, UH, IT'S NOT DUE TO THE, UH, TO GRANT OF VARIANCE.
IT WOULDN'T BE DUE TO THE, UM, UM, A, UH, ACTS BY ACTION OR INACTION OF THE, OF THE APPLICANT.
UM, IF, UH, IT, IT'S A MATTER OF, UM, LOOKING FOR SPACE FOR, UH, FOR STORAGE, THEN, I MEAN, THAT IS NECESSITATED BY, YOU KNOW, THE, YOU KNOW, VERY HAPPY EXPANSION OF, OF, UH, THE FAMILY.
UM, SO I, WHILE THAT'S, UH, UH, I, I I JUST FIND THAT THERE WOULD BE SOME ALTERNATIVES IN PLACE THAT WOULDN'T NECESSITATE THE EXPANSION OF THE, UH, UH, THE GARAGE PER SE.
UH, SO I'M, UH, STUCK ON THE, UH, UH, SECOND CRITERIA, UH, SECOND A CRITERIA.
UM, BUT IF, UH, IS THERE ANY, IF THERE'S NO OBJECTION, DO YOU, YOU THINK WE ARE, I THINK WE'RE KIND OF SETTING WHERE WE ARE.
CONTINUE? YEAH, I THINK I, GOING ALONG WITH OTHER ALTERNATIVES, I MEAN, I THINK WE ARE KIND OF BOUND LIKE THE, THIS, I DON'T KNOW HOW TO SAY THIS WITHOUT SOUNDING CRASS OR WHATEVER, BUT LIKE, THE SIZE OF YOUR FAMILY IS NOT ONE OF THE CRITERIA THAT WE'RE REALLY ALLOWED TO GO BY IN THESE SITUATIONS.
UM, AND TO TAKE, LIKE, ADDRESS THE, TO SET A PRECEDENT FOR A VARIANCE, WHEN, AGAIN, I'VE, I'VE SEEN PLENTY OF SITUATIONS WHERE PEOPLE HAVE LANDSCAPING OR NON THINGS ON THE SIDE OF THEIR GARAGE FOR THEIR CANS THAT TAKE 'EM OUTTA THE PUBLIC VIEW.
AND, UM, AND THERE'S WAYS TO DO THAT THAT, THAT ARE FINE AS FAR AS I'M CONCERNED.
AND, UM, AND NOT EYE SORES OR ANYTHING ELSE.
UM, AND AGAIN, LIKE A SHED OR SOMETHING TO THAT EFFECT TO GET O OTHER THINGS OUT.
THE GARAGE IS JUST A LESS, I MEAN, I SYMPATHIZE WITH NOT, WITH HAVING NOT ENOUGH SPACE IN YOUR GARAGE, BUT AGAIN, IT'S 'CAUSE I HAVE TOO MUCH STUFF, NOT BECAUSE THE GARAGE, NOT THE GARAGE'S FAULT.
UH, YEAH, I, I WOULD JUST UNDERSCORE THE FACT THAT, UH, YOU KNOW, MY, WE'RE JUST BOUND BY THESE, THESE ORDINANCES.
UH, IT'S OBVIOUSLY IF WE COULD GRANT EVERYTHING AND, AND REMAIN IN COMPLIANCE, UH, WITH THEM WITHOUT, UH, YOU KNOW, STEPPING ON ANY, UH, ADMINISTRATIVE TOES OR ANYTHING, THEN WE, WE MOST LIKELY WOULD.
IT'S JUST, YOU KNOW, IT'S, UH, WHAT WE'RE BOUND BY.
WE'RE JUST, UH, A DELIBERATIVE BODY ESSENTIALLY.
SO, UM, WOULD OR I, FROM THE SOUNDS OF IT, I THINK WE'RE ABOUT READY FOR A, A VOTE.
UH, IS THERE A MOTION TO APPROVE A NON-USE AREA VARIANCE TO, UH, CODE SECTION 1 53 0.022 C3 TO ALLOW A GARAGE, UH, ADDITION TO ENCROACH THREE FEET INTO THE SIDE YARD SETBACK? SO MOVED.
[00:55:02]
WITH THAT, UH, THE MOTION, UH, UH, MOVING ON[Case #26-030V]
TO THE SECOND CASE THIS EVENING, THAT'S CASE NUMBER 2 6 0 3 0 V.UH, I HOPE I DON'T BUTCHER THIS NAME.
UH, EDI NAD NALA RESIDENCE, UH, FOR A NON-USE, UH, AREA REQUESTING, UH, ARE REVIEW AND APPROVAL OF A NON-USE AREA VARIANCE FOR A DECK TO ENCROACH INTO THE REAR YARD, REAR YARD SETBACK.
THE 0.23 ACRE SITE IS ZONED PUD PLANNED UNIT DEVELOPMENT DISTRICT OAK PARK, AND IS LOCATED AT 6 9 9 9 PRIMROSE COURT.
UH, ONCE AGAIN, WE'LL BEGIN WITH THE STAFF PRESENTATION.
UM, SO MS. UH, BREWBAKER, THANK YOU.
THIS CASE BEFORE THE BOARD IS A REQUEST FOR A NON-USE AREA VARIANCE TO ALLOW FOR A DECK OR PATIO TO ENCROACH INTO THE REAR YARD SETBACK.
AGAIN, THIS IS A SINGULAR STEP FOR THE APPLICANT.
THE PURPOSE IS TO ALLOW THE BOARD TO DETERMINE IF THERE'S ANY UNIQUE CIRCUMSTANCES APPLICABLE TO THE PROPERTY, WHETHER THERE'S ANY NATURAL CHARACTERISTICS, OR WHETHER THERE WILL BE ANY IMPACT ON ADJACENT PROPERTIES.
THE SITE LOCATED AT 6 9 9 9 PRIMROSE COURT IS 0.23 ACRES IN SIZE.
IT'S IN PLANNED UNIT DEVELOPMENT, OAK PARK LOCATED IN SUB AREA A, WHICH IS CONSIDERED THE PARK HOME SUB AREA.
THIS SUB AREA CONSISTS OF ALL THE PERIMETER HOMES OF THE SUBDIVISION, AND THEY ALL BACK UP TO OPEN SPACE RESERVES.
HERE IS JUST SOME OF THE EXISTING CONDITIONS OF THE SITE SHOWING FROM THE REAR INSIDE OF THE PROPERTY AND SHOWING THAT IT BACKS UP TO THE OPEN SPACE RESERVE WITH THE BIKE PATH BEHIND.
MOVING ON TO OUR SITE PLAN, YOU CAN SEE THAT THERE'S A THREE CAR SIDE LOADED GARAGE THAT PUSHES THE HOME FURTHER INTO THE LOT.
THERE HAVE BEEN SEVERAL VARIANCE REQUESTS APPROVED BY THE BOARD FOR SAME REQUEST, HAVING A PATIO OR DECK ENCROACHING INTO THE REAR YARD.
PREVIOUSLY, THE REQUIREMENT FOR THE PUD IS A 25 FOOT REAR YARD SETBACK FOR ALL HOMES AND SUB AREA A, THE REQUEST IS TO ALLOW FOR A 15 FOOT ENCROACHMENT.
THERE IS A 10 FOOT EASEMENT AT THE REAR OF THE PROPERTY, OF WHICH THE STRUCTURE WOULD NOT ENCROACH INTO FOR VARIANCE CRITERIA A ALL THREE ARE REQUIRED TO BE MET.
WE DO BELIEVE THAT THERE ARE SPECIAL CONDITIONS APPLICABLE TO THE SITE.
HAVING THE SIDE LOADED THREE CAR GARAGE PUSHES THE HOME FURTHER INTO THE SITE.
THERE'S ALSO THE OPEN SPACE RESERVE AT THE REAR OF THE PROPERTY LEAVING MORE OPEN SPACE.
WE DO NOT BELIEVE THERE IS ANY APPLICANT ACTION ASSOCIATED WITH THE PROPOSAL.
AND THE PROPOSAL IS CONSISTENT WITH PREVIOUS APPRO APPROVALS AND WOULD NOT IMPAIR THE INTENT OF THE CODE REQUIREMENT FOR VARIANCE CRITERIA.
B TWO OUT OF THE FOUR CRITERIA MUST BE MET.
WE DO NOT BELIEVE ANY SPECIAL PRIVILEGES WOULD BE GRANTED TO THE APPLICANT AS PREVIOUS CASES HAVE BEEN APPROVED FOR SIMILAR REQUESTS ON LOTS THAT SHARE THESE SAME CONDITIONS.
THIS REQUEST IS RECURRENT IN NATURE AS MULTIPLE VARIANCE REQUESTS HAVE BEEN APPROVED FOR THESE REAR YARD ENCROACHMENTS.
THIS REQUEST WOULD NOT IMPACT THE DELIVERY OF GOVERNMENTAL SERVICES, AND THERE IS ANOTHER METHOD THAT IS AVAILABLE.
THEY COULD REDUCE THE SIZE OF THE PATIO OR DECK, OR ALSO BUILD INTO THE SIDE YARD.
WITH THAT PLANNING RECOMMENDS APPROVAL OF THE VARIANCE REQUEST TO ALLOW A, A DECK TO ENCROACH 15 FEET INTO THE 25 FOOT REAR YARD SETBACK.
AND I'M HAPPY TO ANSWER ANY QUESTIONS.
UM, SO IN TERMS OF SIMILAR, UM, UH, VARIANCES THAT HAVE BEEN GRANTED, CAN YOU, UH, COMMENT ON, ON THAT A LITTLE BIT MORE? UM, ARE THEY SIMILAR IN SIZE, SIMILAR IN AREA, THAT SORT OF THING? YES.
THIS IS A REOCCURRING REQUEST WITH THE WAY THAT THE HOMES ARE SITUATED ON THE LOT.
IT LEAVES ESSENTIALLY NO SPACE IN THE REAR YARD TO BUILD ANY STRUCTURES.
WE'VE HAD APPROXIMATELY EIGHT OR NINE OTHER REQUESTS COME BEFORE THE BOARD THAT WERE APPROVED ALL FOR EITHER DECKS OR PATIOS.
AND, UH, THAT'S COMMON FOR THIS
[01:00:01]
SPECIFIC LIKE NEIGHBORHOOD? UM, CORRECT, YES.IN THIS SUB AREA SPECIFICALLY.
UH, ANY OTHER QUESTIONS FOR STAFF? SO ARE THE OTHER SUB AREAS, THE HOUSES AREN'T SET UP LIKE THIS? SO THERE'S, THERE'S FOUR SUB AREAS IN THIS NEIGHBORHOOD.
UH, THE PARK HOMES, WHICH IS SUB AREA A ARE ALL THE PERIMETER LOTS, AND THOSE ALL HAVE 25 FOOT SETBACKS.
THE INTERIOR LOTS ARE NARROWER, BUT THEY ALLOW ACCESSORY STRUCTURES TO BE FIVE FEET FROM THE REAR PROPERTY LINE.
UM, AND THEN SUB AREA, I'M GONNA CALL IT C IT'S NOT C, BUT THERE'S TWO NEW SUB AREAS THAT WERE BUILT THAT ARE BEING CURRENTLY BEING BUILT.
THOSE ARE MUCH DIFFERENT TYPES OF, UM, PROPERTY TYPES AND HOME TYPES.
THEY'RE VILLA HOMES AND THEN SOME LONGER LOTS.
SO THEY HAVE, I BELIEVE THE VILLAS HAVE ABOUT 15 FEET.
SO THIS HAS BEEN A COMMON OCCURRENCE WITH A LOT OF THESE PERIMETER SITES WHERE THEY DO HAVE THE DEEPER SETBACK.
AND WHEN THESE HOMES WERE ORIGINALLY BUILT, THEY MAXED OUT THE LOTS, AND THAT'S RECORDED THROUGH SEVERAL OF THE OTHER VARIANCES AND, UH, THE MINUTES THAT HAVE BEEN IMPROVED THROUGH THOSE CASES.
SO THIS IS A VERY SIMILAR CASE THERE.
THE MOST RECENT ONE WE HAD WAS LAST YEAR, AND IT WAS ACTUALLY THE PROPERTY JUST TO THE, THE WEST OF THIS.
HOW CLOSE TO THE, UH, THIS PROPERTY WAS THE ONE THAT WE GRANTED FOR THE, THE VARIANCE WE GRANTED LAST YEAR? UM, NOW HOW MANY HOUSES DOWN IS IT? ONE HOUSE DOWN IS THE ONE JUST TO THE WEST OF THIS.
YOU HAVE ANY OTHER QUESTIONS AT THIS TIME? YEAH, YOU SAID THAT, UM, IN THE, IF YOU, WHAT YOU SAID JUST NOW MATCHES THIS REPORT, YOU SUBMITTED THAT CRITERIA, I GUESS IT'S B TWO HAS TO DO WITH THE RECURRENCE OR THAT IT'S RECURRENT IN NATURE.
MAYBE I'M UNDERSTANDING THIS WRONG, BUT IT SEEMS LIKE IT IS RECURRENT IN NATURE, SO IT ISN'T THERE A WAY TO, LIKE, HAVEN'T THEY CONSIDERED AMENDING THE, THE HOA DOCUMENTS TO FIX THIS PROBLEM IF IT'S ALL THESE HOUSES HAVE THE SAME ISSUE? SO IT'S KIND OF ONE OF THOSE, UH, DOUBLE NEGATIVES WHERE IF IT IS RECURRENT, THAT MEANS THAT THE CRITERIA IS ACTUALLY NOT MET.
UM, IF IT'S RECURRENT IN NATURE, THAT MEANS THAT THERE SHOULD BE A SEPARATE, IT SHOULD LEAD TO A DIFFERENT, UM, PROCESS SUCH AS WHETHER THE HOA OR, OR THE NEIGHBORHOOD NEEDS TO AMEND THE CODE.
SO IF THERE'S SO MANY INCIDENCES, THAT'S SOMETHING THAT CAN OCCUR.
SO THAT'S WHY, AND, AND STAFFS.
SO I'M JUST, IT'S A, LIKE YOU SAID, SO YOU'RE, THERE IS A WAY THAT THIS COULD BE RESOLVED, BUT WITHOUT THIS VARIANCE IS, IS WHAT YOU'RE SAYING WHEN IT'S NOT MET? YES.
THE, THE PROCESS COULD BE A AMENDED FOUND DEVELOPMENT PLAN THAT IS INITIATED BY THE NEIGHBORHOOD THEMSELVES TO RIGHT.
AND THAT IS SOMETHING THAT IN THE PAST AS WE WENT THROUGH A NUMBER OF THESE, WE BROUGHT THIS UP WITH THE NEIGHBORHOOD AND WE ACTUALLY MADE, UM, SOME PRETTY SIGNIFICANT CHANGES IN PLANS AND CODES SO THAT WE WOULDN'T RUN INTO THIS ISSUE WITH FUTURE NEIGHBORHOODS.
AND THAT'S OUR NEIGHBORHOOD DESIGN GUIDELINES.
SO, UM, BECAUSE OF A LOT OF THIS, WE'VE LEARNED FROM THAT AND APPLIED ELSEWHERE IN THE CITY.
THANK YOU, DANIEL, THROUGH QUESTIONS FOR STAFF AT THIS TIME.
UH, WELL WITH THAT, UH, WE, UH, THE APPLICANT MAY APPROACH THE PODIUM, UH, AGAIN, ENSURE THAT THE, UH, MICROPHONE IS TURNED ON, THE GREEN LIGHT SHOULD BE ON.
UM, PLEASE STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD.
AND, UH, MY ADDRESS IS 6 9 9 PRIMROSE CODE DUBLIN, OHIO.
UM, UM, BECAUSE OF THE THIRD CAR GARAGE, MY HOUSE IS PUSHED IT TO BACK AND, UH, UH, WITHOUT
[01:05:01]
ENCROACHING INTO THAT SETBACK.AND IT IS JUST FIVE FEET AND I CANNOT BUILD MY PAD, UH, DECK.
SO I WOULD LIKE TO GET A ROLL ON THIS.
UM, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT WORKING ON THEM? MAYBE, WHAT IS THE STOCKPILE AREA THAT'S LISTED ON THIS, UM, SITE PLAN? UH, IT IS ONE 30 BY 80, SO I CAN ADDRESS THIS, THE STOCKPILE AREA THAT'S FROM THE, THE ORIGINAL, UH, PLOT PLAN FOR THIS.
SO WHEN THEY WERE BUILDING THE HOME, THEY WOULD STOCKPILE ALL OF THE, THE DIRT AND XFI, UH, AND THAT'S SOMETHING THEY WERE REQUIRED TO PROVIDE.
SO THAT'S JUST A CARRYOVER FROM, FROM THOSE PLANS.
ANY OTHER QUESTIONS FOR THE APPLICANT? YEAH, DOES HE THINK THIS WOULD, UH, IMPAIR THE, SO BEHIND YOUR HOUSE IS, THERE'S A RESERVE, I THINK IT'S CALLED.
IS THERE LIKE A PATH BACK THERE THAT PEOPLE WALK AROUND? IS THAT WHAT'S, IS THAT WHAT THE RESERVE IS? YEAH, THAT IS THE RESERVE, BUT I'M NOT ENCROACHING INTO THAT.
CAN, CAN YOU REPEAT THE QUESTION AGAIN? YEAH.
BEHIND YOUR HOUSE THAT SAYS IT BACKS UP TO A RESERVE, UM, IS THERE LIKE A PATH BEHIND YOUR HOUSE, THE PUBLIC THAT THE NEIGHBORHOOD USES OR SOMETHING LIKE THAT? OR WHAT IS YEAH, THEY GO INTO THE PARK.
SO THERE'S A PARK BACK THERE? YES.
AND RIGHT UP TO YOUR LAND THERE IS, OR IS THERE LIKE A PATHWAY OR SOMETHING BEHIND THERE? A WALKWAY.
THERE'S A PATHWAY, A WALKWAY IN THE PARK BACK THERE.
DO YOU THINK THIS, UH, STRUCTURE YOU'RE GONNA BUILD IS GONNA IMPAIR THE USE OF THE WALKWAY OR IN ANY WAY OR NO? UM, PEOPLE WOULD OBJECT TO IT IF THEY WERE WALKING BY ON THE PATH BACK THERE.
UH, THERE IS A STILL SPACE BETWEEN MY, UM, BOUNDARY AND THAT PATHWAY.
AND THERE IS A STILL, YEAH, THE 10 FOOT EASEMENT.
I GUESS FOR CLARIFICATION, UH, UH, FROM STAFF, UH, THE, THIS WOULD JUST ENCROACH INTO THE, UH, THE SETBACK AREA WOULDN'T ENCROACH INTO ANY, UH, UTILITY EASEMENT AREA OR ANYTHING ALONG THOSE LINES, CORRECT? NO, IT WOULD NOT ENCROACH INTO THE 10 FOOT EASEMENT.
ANY OTHER QUESTIONS FOR THE APPLICANT OR SHOULD WE MOVE ON TO THE YEAH, UH, YOU MAY BE SEATED, SIR.
UM, DO WE HAVE ANY, UH, PUBLIC COMMENTS ON THIS MATTER? I DON'T, NO.
I GUESS WE CAN ENGAGE IN OUR DISCUSSION AT THIS POINT.
UM, I, I DO SEE THAT, I MEAN THE, I MEAN THE, THERE WAS THAT IRONY THERE ABOUT THE, UH, YOU KNOW, SPECIAL CONDITION EXISTING FOR, UH, MULTIPLE PROPERTIES.
BUT, UH, GIVEN, UH, STAFF'S EXPLANATION, I THINK THAT'S, UH, THAT'S A SUFFICIENT RATIONALE TO, UH, UH, TO FIND THAT IT, UH, WOULD COMPLY, UH, WITH OUR, UH, UM, POTENTIALLY GRANTING THE, THE VARIANCE.
UM, I DON'T THINK THE, UH, VARIANCE WOULD, WHAT HAS BEEN NECESSITATED BY THE, UM, BY THE APPLICANTS.
UH, AND, UH, I DON'T SEE IT CAUSING A SUBSTANTIAL ADVERSE IMPACT ON, UH, THE PROPERTY OR, UM, IN THE VICINITY OF THE, OF THE PROPERTY.
UH, IT LOOKS LIKE THE, THE EASEMENT IS, UH, THE, THE WALKWAY IS, IS FAIRLY FAR FROM THE, UH, FROM THE PROPERTY
[01:10:01]
ITSELF, UH, GIVEN THE, UH, THE OVERHEAD, UH, SATELLITE VIEW THAT WE, WE JUST, UH, WE JUST LOOKED AT.UM, SO I'M INCLINED TO FIND THAT THE, UH, ELEMENTS FOR VARIANCE ARE, ARE GRANTED IN TERMS OF CRITERIA.
A, UM, I MAY HAVE SOME SQUABBLES WITH REGARDS TO SOME OF THE CRITERIONS NOT MET UNDER CRITERION B, BUT, UM, WITH THE ONES THAT ARE MET, I, I'M INCLINED TO AGREE AS WELL.
UM, SO DO WE HAVE, UH, ANY OTHER, UH, QUESTIONS, COMMENTS, THOUGHTS ON, ON THIS MATTER? I CONCUR WITH PATRICK.
UM, I GUESS WITH THAT, ARE WE READY FOR A VOTE? OKAY.
UH, IS THERE A MOTION TO APPROVE THE NON-USE AREA VARIANCE TO THE OAK PARK DEVELOPMENT STANDARDS? UH, SUB AREA A THREE C TO ALLOW A PATIO OR DECK TO ENCROACH 15 FEET INTO THE 25 FOOT REAR YARD SETBACK? SO MOVED.
UM, SO NOW IN TERMS OF, UH, THE LAST, UH, SO YOU'VE APPROVED, YOU'RE, YOU'RE SET, YOU'RE GOOD.
UM, DO WE HAVE ANY, UH, COMMUNICATIONS?
[COMMUNICATIONS]
YES.SO I HAVE TWO ITEMS, UH, THAT I WANTED TO BRING TO YOUR ATTENTION.
THE FIRST IS, IT SHOULD BE ON EVERYONE'S CALENDAR, BUT ON JUNE, MONDAY, JUNE 8TH FROM FIVE 30 TO SEVEN IS THE BOARDING COMMISSION CELEBRATION OF SERVICE.
UM, SO THOSE THAT ARE LEAVING THE BOARDS AND THOSE THAT ARE, ARE JOINING THE BOARDS, UH, THERE'LL BE A CELEBRATION HERE AT CITY HALL BEFORE THAT COUNCIL MEETING ON THE EIGHTH.
SO, UM, I WOULD ENCOURAGE YOU ALL IF YOU'RE AVAILABLE AND WOULD LIKE, THERE'S USUALLY FOOD, UH, SO PLEASE COME AND, AND ATTEND.
UH, THERE'LL BE A SHORT SERVICE OF, UM, YOU KNOW, DEDICATING SOME TIME TO THOSE THAT HAVE SERVED.
AND, UM, THEN WELCOMING IN THOSE THAT, THAT ARE HERE.
I'M SURE THERE WILL BE A PICTURE AS WELL THAT WILL PROBABLY BE ON THE WEBSITE.
SO, UM, JUST WANTED TO BRING THAT TO EVERYONE'S AWARENESS.
THAT'S IN ABOUT A WEEK AND A HALF.
AND THEN THE SECOND THING IS, UM, WE WERE THINKING ABOUT RECURRING TRAININGS OR OPPORTUNITIES TO REFLECT ON ANY QUESTIONS THAT HAVE COME UP THROUGH CASES THAT HAVE OCCURRED OR MAYBE SOME CHALLENGING, UM, TOPICS THAT, THAT WE'VE HAD TO, TO SPEND TIME DELIBERATING ON.
UM, MAYBE ON A MEETING WHERE WE HAVE A LIGHTER AGENDA OR IF YOU ALL JUST WANTED TO HAVE A MEETING THAT WAS DEDICATED SPECIFICALLY TO, UM, HAVING THIS, THIS SHORT TRAINING.
UM, WE CAN GO THROUGH JUST THE BASICS OF, UM, WHAT WE'RE LOOKING FOR WITH VARIANCES AND, AND WHAT THE CRITERIA IS AS WELL AS, UM, ADMINISTRATIVE APPEALS.
'CAUSE I KNOW WE'VE HAD A COUPLE OF THOSE RECENTLY.
AND THEN ANSWER ANY QUESTIONS THAT MAY HAVE COME UP IN HOW TO LOOK AT THOSE MOVING FORWARD.
SO I WANTED TO OFFER THAT OUT THERE FOR YOU ALL IF YOU WANT TO THINK ABOUT IT.
PONDER, UM, WE WOULD LIKE TO DO THAT THIS SUMMER.
UH, I'M NOT SURE WHAT OUR CURRENT CASES LOOK LIKE CURRENTLY.
I DON'T KNOW IF WE WILL HAVE A MEETING IN JUNE OR CASES IN JUNE.
UM, AND I KNOW THAT THERE'S A B AND C JOINT MEETING COMING UP PROBABLY IN AUGUST OR SEPTEMBER.
I DON'T KNOW HOW THE DATE FOR THAT, BUT WANTED TO THROW THAT OUT THERE FOR EVERYONE IF THAT'S SOMETHING THAT YOU WERE INTERESTED IN.
NOW, UH, WOULD THAT JUST, UM, INVOLVE OUR ATTENDANCE, THE ATTENDANCE OF THE BOARD? OR WOULD THERE BE, UH, ANYBODY ELSE FROM THE CITY WHO MIGHT BE LISTENING IN? UM, IT WOULD BE DURING A TYPICAL MEETING TIME.
SO, UM, WE WOULD PROBABLY, BETWEEN MYSELF AND ANTHONY, WE WOULD PUT A PRESENTATION TOGETHER FOR YOU ALL, UM, AND THEN JUST HAVE SOME TIME, IT'D BE A DISCUSSION ITEM SO IT WOULDN'T BE WE SPEAKING AT YOU.
UM, WE WOULD LOOK FOR ANY QUESTIONS THAT YOU ALL HAVE AND HAVE SOME CONVERSATION ABOUT THAT AND JUST BEST PRACTICES.
IN SIMILAR TRAININGS THAT I'VE DONE FOR A COUPLE, UH, OTHER JURISDICTIONS, WE DO SOME HYPOTHETICALS IN PARTICULAR TO GET YOU THINKING AND PRACTICE SOME ENGAGING BACK AND FORTH, UH, CHALLENGING EACH OTHER THE WAY THAT YOU DO.
SO IT'S, THAT CAN ALSO BE REALLY HELPFUL TO GET JUST SOME NEW SITUATIONS THAT HAVE COME UP HERE, BUT ALSO SOME THAT HAVE COME UP IN OTHER PLACES THAT ARE HELPFUL FOR YOUR DISCUSSION.
[01:15:01]
SURE.AND IF WE HAVE ANY COMMENTS OR ANYTHING, WE MIGHT SEND THEM VIA EMAIL OR IS THERE SOMEBODY PARTICULARLY WE SHOULD REACH OUT TO ZACH OR, YEAH, I THINK IF YOU, IF THAT'S SOMETHING THAT WE'RE GOING TO DO AND YOU HAVE ANY SPECIFIC QUESTIONS THAT YOU WOULD LIKE FOR US TO COVER, PLEASE SEND THOSE TO US AHEAD OF TIME.
WE PROBABLY WILL NOT ANSWER YOU, BUT WE'LL KEEP THAT IN MIND AND THEN SHARE THAT DURING THE MEETING.
AND THAT'S ONE THAT YOU DON'T NEED TO CC ANY OTHER BOARD MEMBERS.
JUST SEND IT DIRECTLY TO ZACH.
YEAH, I THINK IT'S A GOOD IDEA.
I THINK DOING IT DURING ONE OF OUR NORMAL BOARD SESSIONS MAKES SENSE TOO.
IF WE DON'T HAVE A MEETING AT THAT MONTH.
JUST TO BE CLEAR, IF YOU DO THIS, IT WOULD NEED TO BE A PUBLIC MEETING REGARDLESS.
SO, UH, IT WOULD MAKE SENSE TO TAG IT ONTO SOMETHING ELSE WHERE WE HAVE FEW CASES.
IT COULD BE A SPECIAL MEETING IF YOU'D PREFER TO CALL IT THAT WAY OR A MONTH WHERE WE DON'T HAVE ANY CASES AND YOU WANNA DO THIS INSTEAD, BUT IT, BECAUSE YOU WOULD BE DISCUSSING AS A MAJORITY PUBLIC BUSINESS TO SOME EXTENT, IT WOULD STILL QUALIFY AS A PUBLIC MEETING.
SO I GUESS IF, IF THERE IS A PREFERENCE OR IF THERE'S, IF YOU DON'T CARE WHETHER OR NOT WE HAVE A CASE GOING ON THAT NIGHT OR NOT, THAT WILL HELP US.
AND MAYBE PLANNING AHEAD WITH THESE, I KNOW WE LOVE SPENDING ONCE ONE, UH, THURSDAY A MONTH HERE, BUT JUST WANTED TO THROW THAT OUT.
IF THAT'S, IF YOU WOULD PREFER FOR IT TO BE ON A NIGHT WHERE WE HAVE A CASE OR TWO, THEN WE WILL LOOK FOR SOMETHING LIKE THAT.
IF YOU ARE OKAY WITH IT BEING ON A NIGHT WHERE WE DON'T HAVE A CASE, BUT WE HAVE A SCHEDULED MEETING, THEN WE'LL LOOK AT THAT AS WELL.
YEAH, I THINK PREFERENCE WOULD BE THE SAME IF WE HAVE ONE CASE AND THEN IF NOT, I, I DON'T MIND MEETING WITH EVERYONE AS IF WE'RE VERSUS HAVING A NIGHT OFF.
WE SHOULD DO IT ON A NIGHT WHEN WE HAVE A LIGHT LOAD OR SOMETHING.
DO YOU THINK AFTER IF IT'S, IF THERE'S A CASE THAT NIGHT, WE'LL DO IT AFTER.
WELL WE WILL LOOK AND GET THAT SCHEDULED, UM, ONCE WE HAVE A CASE
SO I, LIKE I SAID, WE DON'T HAVE ANYTHING FOR JUNE CURRENTLY.
UM, WE'LL FOLLOW UP IF ANYTHING CHANGES.
UH, WITH UH, NO OTHER MATTERS BEFORE THIS BOARD, UH, WE ARE ADJOURNED.