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[00:00:01]

BUT YOUR MIC ON THERE. OKAY WE'RE IN MILITARY TIME. IT'S EXACTLY 6 30. SO I THINK WE'LL

[1. Call to order and roll call.]

GET STARTED HERE. AND. START WITH CALLED THE MEETING OF THE CITY OF GROWTH. CITY BOARD OF ZONING APPEALS TO ORDER AND THE FIRST ORDER OF BUSINESS IS ROLL CALL. CHAIR MALINGA. HERE. MR HAN HERE. THANK YOU. MR BRYANT. MEDICAL EXCUSE HIS EXCUSE. THANK YOU. OKAY? THE NEXT ITEM ON THE

[2. Approve the minutes from the September 26, 2022 Board of Zoning Appeals meeting.]

AGENDA IS TO PROVE THE MINUTES OF THE SEPTEMBER 26TH. 2022 BOARD MEETING OF ZONING APPEALS.

I'LL SECOND THAT. MALINGA. YES, MR HAN. BEAUTIFUL. GREAT. OKAY. THE THANK YOU. THIRD ITEM ON THE

[3. Hear the appeal of Kory and Lori Metcalf, property owners at 3917 Elm St., (Parcel #040-015377) for the following variances:]

AGENDA IS TO HEAR THE APPEAL OF COREY AND LAURIE METCALF, PROPERTY OWNERS OF 39 17 ELM STREET PARCEL NUMBER. 040-0. FOR THE FOLLOWING VARIANCES. ONE AS IT RELATES TO SECTION 11 35.1.

OH, DASH. ONE DASH A TO SEE THE MAXIMUM SQUARE FOOTAGE OF 900 SQUARE FEET FOR ALL GARAGE BUILDINGS. COMBINED BY 1688 SQUARE FEET FOR A TOTAL OF 2500 AND 88 SQUARE FEET, NUMBER TWO AS IT RELATES TO SECTION 11 35 10 DASH. ONE DASH A TO CONSTRUCT OF OUR BARN STYLE ACCESSORY BUILDING WITH THE COMBINATION OF WHAT AND METAL CITING AND MIDDLE ROOF. NUMBER THREE AS IT RELATES TO SECTION 11 37.8 H TO CONSTRUCT A BARN STYLE AS SENSORY BUILDING. WITH THE WALL HIKE VARYING FROM 98 TO 14 FT IN TIGHT OR 1 TO 6 FT. ABOVE THE EIGHT FT MAXIMUM WALL HEIGHT.

AND FOUR SECTION 11 37.8 H TO CONSTRUCT A BARN STYLE. ACCESSORY BUILDING 14 FT TALL, EXCEEDING THE MAXIMUM HEIGHT OF 13. FT BY ONE FT. DO YOU WANT TO PRESENT YOUR APPEAL? EITHER LORI OR POOR. CHECK AND WE SWEAR IN SPEAKERS, PLEASE. WHAT'S THAT? WE SWEAR IN OUR SPEAKERS? SORRY.

YEAH. ANYONE THAT I WOULD LIKE TO SPEAK. PLEASE RAISE YOUR RIGHT HAND AND SCAFFOLD WHERE YOU. OKAY. SORRY ABOUT THAT. HI. I'M LAURIE METCALF. MY HUSBAND, COREY. UM LIKE THE NOTICE, SAID, WE'RE JUST LOOKING TO, UM REALLY REPLACE OF ARM THAT IS CURRENTLY ON THE PROPERTY. THE USE OF THE BARN IS GOING TO BE FOR STORAGE OF EQUIPMENT THAT WE HAVE. FOR A TRACTOR AND OTHER USE ON THE PROPERTY. WE WANTED TO FIX UP THE OLD BARN, BUT UM, JUST REALLY ISN'T THE BEST WAY TO UTILIZE WHAT WE'VE GOT THERE. IT'S PRETTY PRETTY OLD, AND WE WOULD LIKE TO KIND OF STICK WITH THE FEEL OF THE OLD BUILD A PARK. IT WAS THE BARN NEAR BEFORE WAS USED FOR HORSES BY THE PREVIOUS OWNERS, THE FLETCHERS UM AND WE BOUGHT IT FROM THEIR FAMILY ONCE HE HAD PASSED. AND THEY RAISED QUARTER HORSES, SO WE JUST KIND OF WANT TO KEEP WITH THAT SAME HISTORY.

OF THE PROPERTY. AND, UH, UM, YOU HAVE ANY QUESTIONS, MR UH, NO, NOT AT THIS TIME. OKAY? SCOTT IF WE CONTACTED ADJACENT PROPERTY OWNERS, AND WE HAD ANY FEEDBACK YES, WE DID, AND WE DID NOT RECEIVE ANY COMMENTS BACK. AND, UH, I REVIEWED THE FILE AND BEFORE WE VOTE, THERE WOULD BE ONE STEP YOU ELATION AND THAT'S TO BEGIN CONSTRUCTION. WITHIN 12 MONTHS. IS THAT OKAY WITH YOU GUYS? ABSOLUTELY OKAY. IF. ANY OTHER QUESTIONS. OKAY, UM. LEGAL CAN I DO ALL FOUR OF THESE AT

[00:05:06]

ONE TIME OR STATE? DO THEM SEPARATELY. IF YOU FEEL COMFORTABLE THAT THEY'RE ALL GOING TO GO SMOOTHLY. YOU CAN DO IT ALL AT ONCE, OKAY? YEP OKAY. SO, UM. LIKE TO MAKE A MOTION TO ACCEPT AND APPROVE THE APPEAL. OF NUMBER ONE SECTION 11 35.1. TO EXCEED THE MAXIMUM SQUARE FOOTAGE OF 900 SQUARE FEET FOR ALL GARAGE BUILDINGS COMBINED BY 1688 SQUARE FEET FOR A TOTAL OF 2500 AND 88 SQUARE FEET, NUMBER TWO SECTION 11 35.1. OH, 18 TO CONSTRUCT A BARN STYLE ACCESSORY BUILDING WITH ALL COMBINATION WOOD AND METAL, CITING METAL ROOF. NUMBER THREE. AS IT RELATES TO SECTION 11 37.8 H TO CONSTRUCT THE BARDSTOWN ACCESSORY BUILDING WITH THE WALL HEIGHT DURING FROM NINE FT TO 14 FT IN HEIGHT OR ONE. TO SIX FT. ABOVE THE EIGHT FT. MAXIMUM WALL HEIGHT AND FOR SECTION 11 37.8 H TO CONSTRUCT A BARN STYLE ACCESSORY BUILDING. 14 FT TALL, EXCEEDING THE MAXIMUM PIPE OF 13 FT BY ONE SEAT. ONE FT. I WILL. SECOND THAT. CHAIR LINDA. YES MR HAWN. OKAY, YOU'RE MM HMM. APPEAL HAS BEEN APPROVED. AND I WOULD RECOMMEND WAITING 21 DAYS IT CAN BE REVERSED BY CITY COUNCIL, WHICH DOESN'T HAPPEN VERY OFTEN. OKAY THANK YOU SO

[4. Hear the appeal of Lonnie C. Maxson, Maxson Builders, representing the property owners Joe and Patty Vucjak at 4274 Moore Ave., (Parcel #040-000370) for the following variances:]

MUCH. WE APPRECIATE IT. THANK YOU. OKAY UH, THE NEXT ITEM ON THE AGENDA SINCE HERE, THE APPEAL OF LONNIE SEE MAXIM. UM ACTION BUILDERS REPRESENTING THE PROPERTY OWNERS, JOE AND PATTY.

AH. BY CHECK. IS THAT CORRECT? HE, JACK. OKAY AT 40 TO 72 MORE AVENUE PARCEL NUMBER 040-000.

FOR THE FOLLOWING VARIANCES AS IT RELATES TO SECTION NUMBER ONE AS IT RELATES TO SECTION 11 35.1. OH, DASH 18 TO EXCEED THE MAXIMUM SQUARE FOOTAGE. OF 900 SQUARE FEET FOR ALL GARAGE BUILDINGS COMBINED BY 292 SQUARE FEET FOR TOLD GARAGE AREA I LOVING OF 1192 SQUARE FEET.

NUMBER. TWO AS IT RELATES TO SECTION 11 35.1. OH, AS ONE A TO CONSTRUCT A STEEL. GARAGE BUILDING WITH A DIFFERENT EXTERIOR FINISH THAN THE MAIN BUILDING. NUMBER THREE IS IT RELATES TO SECTION TABLE? 11 35.1 OUT THERE. SH ONE. TO ENCROACH THE 25 FT REAR YARD SETBACK BY EIGHT FT FOR TROUBLES AT BACK OF 17 FT FOR THE GARAGE. AND. FOUR AS IT RELATES TO SECTION 11 35.1 OH DASH ONE TO ENCROACH. THIS SIDE AND ENCROACHED THE SIX FT SIDE YARD BY TWO FT WITH THE GARAGE BUILDING. TOTAL ASIDE YARD SETBACK OF FOUR FT. I WANT TO PRESENT YOUR APPEAL, PLEASE. YEAH. EVENING. HELLO EVERYONE. MY NAME IS LONNIE MAXON WITH MAXIMUM BUILDERS. ALSO WITH ME TODAY IS MY BROTHER AND PARTNER IN THE COMPANY MICHAEL MAXON. I WANT TO START OFF BY THANKING EVERYONE HERE TODAY FOR LISTENING TO WHAT WE HAVE TO SAY FOR ANY CONSIDERATION, GUYS MY HAND THIS MAN I'M HERE ON BEHALF OF PROPERTY OWNERS, JOE AND PATTY. GOOD SHOCK. WE'RE ASKING TO PUT UP A 20. FT BY 32 FT GARAGE GREATLY BENEFIT THE AJAX.

BUT IN ORDER TO DO THIS, WE HAVE FOR VARIOUS REQUESTS, BUT WE ARE ASKING FOR IN ORDER TO MAKE THIS POSSIBLE. THE FOUR ADVANCE REQUESTED THAT YOU MENTIONED EARLIER. BY GRANTING US THESE VARIOUS REQUESTS IT WILL ALLOW FOR THE RESIDENT TOO EASILY MANEUVER THEIR VEHICLE AND LAWN EQUIPMENT AND OUT OF THE GARAGE AND PROVIDE THEM EASY ACCESS AND ALL THE GARAGE FROM BOTH THE ALLEYWAY AND FROM MORE AVENUE. AND HERE'S WHY. WE'RE ASKING FOR A FOUR FT BARRELS FROM THE SIDE PROPERTY LINE BECAUSE THIS WILL MAKE IT MUCH EASIER FOR THE RESIDENT TO ENTER AND EXIT THEIR GARAGE, MOVING THIS VARIANCE ANY CLOSER TO THE HOUSE, AND THE FOUR FT WE HAVE PROPOSED, WILL OBSTRUCT THE RESIDENTS ACCESS INTO THE NEW GARAGE BECAUSE IT WILL BE TOO CLOSE TO THE HOUSE.

WE'RE ASKING FOR A 17 FT BANDS FROM THE REAR PROPERTY LINE. THIS WILL ALLOW EASY ACCESS AND

[00:10:03]

OUT OF THE GARAGE AND AS I MENTIONED BEFORE MOVING IT ANY FURTHER AWAY FROM THE ALLEY AND CLOSER TO THE HOUSE WILL OBSTRUCT THEIR ACCESS AND ALLAH GARAGE. THERE IS CURRENTLY 552 SQUARE FOOT GARAGE SPACE THAT EXISTS NEARLY 142 SQUARE FOOT OF THAT IS CABINET SPACE THAT ALREADY EXISTED WHEN RESIDENT MOVED IN. LEAVING THEM WITH ABOUT 410 SQUARE FOOT OF USABLE GARAGE SPACE. THEY'RE SELLING ALLOWS THEM ENOUGH ROOM TO PARK WATER VEHICLES IN THE GARAGE, LEAVING THEIR SECOND VEHICLE OUT IN THE WEATHER AND THEIR CURRENT GARAGE CLUTTER WITH STORAGE AND LAWN EQUIPMENT. BUILDING THIS NEW GARAGE. IT WILL ALLOW THE RESIDENT TO HAVE BOTH OF THEIR VEHICLES SAFELY INSIDE OF A GARAGE BEING PROTECTED FROM THINGS SUCH AS CAR, BREAK INS OR BAD WEATHER AND WILL PROVIDE ADDITIONAL STORAGE SPACE NEEDED FOR THINGS SUCH AS A RIDING LAWNMOWER AND OTHER LAWN EQUIPMENT THAT THEY CURRENTLY HAVE NOXIOUS SPACE FOR. BY ALLOWING THIS VARIANCE IT WILL PROVIDE OUR CUSTOMERS WITH THE SAME PRIVILEGE OF GRASS SPACE AS A SURROUNDING NEIGHBORS. THE OTHER VARIANTS WE'RE ASKING FOR IS THE COLOR OF THE GARAGE.

CURRENTLY THE COLOR OF THE NEW GARAGES OUT MATCHED THE COLOR OF THE CURRENT HOUSE WITH THE RESIDENT SHOWS THE COLOR OF PATINA GREEN FOR THE COLOR OF THE GARAGE, AND WE'LL MATCH THAT COLOR TO THE COLOR OF THE PAINTING THEIR HOUSE ONCE THE BAR IS COMPLETE, AND THEY CAN DO A COLOR MATCH. THIS WILL ALLOW FOR THE HOUSE AND THE NEW GARAGE TO THE UNIFORM AND NOT STAND OUT FROM ONE ANOTHER. WE'RE ALSO ASKING FOR A VARIANCE ON THE MATERIALS. OF THE BUILDING FROM METAL INSTEAD OF STUCK OUT. DO THE HEAVY PRICE INCREASES. METAL BEING NON VISIBLE FROM EXISTING PRIVACY FENCES IN THE FACT THAT METAL HAS LESS MAINTENANCE FOR THE HOMEOWNER WITH LONGER LIFE SPAN OF A HIGHER QUALITY LOOK. I'VE READ SECTION 11 33 2003, AND I BELIEVE THAT OUR APPLICATION FOR RELIEF SATISFIES EACH OF THE FOLLOWING SIX CRITERIA IN THE FOLLOWING WAYS.

ONE THE GARAGE IS BEING BUILT ON PRIVATE PROPERTY, AND THE AREA WAS NO PEDESTRIAN TRAVEL AND NO OBSTRUCTION ANY CURRENT OR FUTURE PUBLIC IMPROVEMENT. IS IT CONTRARY TO PUBLIC INTEREST BECAUSE THE MAJORITY OF THE GARAGE IS HIDDEN BY WHITE VINYL FENCING AT THE PROPERTY OWNER INVESTED IN. AND AS BEFORE THE PROPERTY OWNERS UPGRADING THE COLOR OF THE OUTSIDER HOUSE TO MATCH THE GARAGE. FROM BOTH THE STREET IN THE ALLEY. THE ONLY VISIBLE PART OF THIS NEW GARAGE WILL BE THE GARAGE DOORS IN THE TOP OF THE GARAGE, DO BOTH SIDES OF THE GARAGE HAVING EXISTING FENCES. IN PLACE. THIS WILL BE AN UPDATE FROM THE OLD RUNDOWN SHED THAT WAS ON THE PROPERTY.

TO A CLEANER LOOK THAT COMPLEMENTS THE HOUSE AS WELL AS INCREASING OUR PROPERTY VALUE.

GRANT THESE VARIANCES AND WE'RE NOT CONFER ANY SPECIAL PRIVILEGES BECAUSE THERE ARE OTHER EXISTING STRUCTURES IN THE SAME SETTING AREA WITH THE SAME VARIANCES THAT WE ARE ASKING FOR. WE UNDERSTAND THESE STRUCTURES MIGHT HAVE BEEN EXISTING BEFORE THESE PARTICULAR ZONING CODES WENT INTO EFFECT. WHAT WE WANT OUR CUSTOMERS TO HAVE THE SAME PRIVILEGES AND ACCESSES ARE SURROUNDING MAKERS. YES A LITTLE ENFORCEMENT OF THE ZONING CODE WOULD RESULT AND THAT'S UNNECESSARY HARDSHIP. BY DEPRIVING THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES AND THE SAME ZONING DISTRICT BECAUSE IT WOULD BE TOO CLOSE TO THE HOUSE TO ACCESS THEIR NEW GARAGE, PROVIDING OUR CUSTOMER FROM BUILDING THE NEW GARAGE IN ITS ENTIRETY.

RESULTING IN THERE NOT HAVING ENOUGH GARAGE SPACE FOR THEIR CURRENT LIVING ACCOMMODATIONS.

SPECIAL CONDITIONS DO EXIST BECAUSE THE CURRENT POSITION OF THE HOUSE DOES NOT ALLOW US TO BUILD A GARAGE ANY CLOSER TO THE HOUSE THAN THE PROPOSED AMOUNTS THAT WERE ASKING FOR IT. THERE ARE NO SPECIAL CONDITIONS AND CIRCUMSTANCES THAT RESULT FROM THE ACTION OF THE APPLICANT BECAUSE OF THE CURRENT POSITION OF THE HOUSE AND NO PREVIOUS WORK DONE BY US ON THE PROPERTY OR THE PROPERTY OWNER. ALSO ZONE REQUIREMENTS CAME INTO EFFECT AFTER THE DEVELOPMENT OF SUBDIVISION BY GRANTING THESE VARIANCES IT IS NOT WHY I LIKE THE SPIRIT OF THE ZONING CODE BECAUSE WE UNDERSTAND THE ZONING CODE IS SET AS A GUIDELINE FOR MEETING CURRENT CITY STANDARDS.

AND IF THERE ARE SPECIAL CIRCUMSTANCES WHERE THE CITY WILL ALLOW FOR SUCH VARIANCES.

IF THEY'RE WITHIN REASON. WE BELIEVE OUR VARIOUS REQUESTS ARE WITHIN REASON AND DO NOT OVER ALTER THE OVERALL INTENTION FROM THE CITY BEHIND EACH CODE. SORT OF RECAP EVERYTHING AND GIVE EVERYONE A COMPLETE UNDERSTANDING OF WHAT WE WANT TO DO IS THIS THE CURRENT HOUSE IS MADE UP OF A BEIGE COLORED STUCCO. IT WAS DARK COLORED SHINGLES, BLACK SHUTTERS AND BLACK OUTDOOR LIGHTING FIXTURES . THE CURRENT HOUSE WILL BE PAYING THE MASSACRE RAJ ONCE WEATHER PERMITS FOR OUTDOOR PAINTING, AND THE RESIDENT CAN GET AN EXACT COLOR MATCH. THE NEW GARAGE IS BEING BUILT IN PLACE. THE SHED WILL BE 24 FT WIDE. BY 32 FT. LONG RIGHT TO THOSE 640 SQUARE FEET. AND WILL BE MADE UP OF 29 GAUGE STYLE METAL SHEETS. THERE WILL BE 17 FT WIDE BY SEVEN FT. HIGH GARAGE DOOR AT EITHER END OF THE BUILDING THAT WOULD GIVE ACCESS FROM BOTH THE ALLEYWAY AND THE DRIVEWAY COMING, YOU KNOW, MORE AVENUE. THE DRIVEWAY COMING FROM

[00:15:02]

THE ALLEY TO THE GARAGE CONCRETE . WE HAVE AN APRON THAT COMES OFF THE GARAGE CONNECTING IT TO THE EXISTING DRIVEWAY. THE DRIVEWAY COMING FROM MORE AVENUE TO THE FRONT OF THE GARAGE WE'VE MADE OF CONCRETE, AND WE'LL HAVE AN APRON COMING OFF THE GARAGE LEADING INTO THE EXISTING CONCRETE DRIVEWAY. THE GARAGE FLOOR WE MADE WITH THE CONCRETE SLAB ACCOMPANIED BY EIGHT FT SIDEWALLS. PATINA GREEN VERTICAL RIBBED METAL SIDING THAT WILL MATCH THE NEW COLORS. THEY WILL PAINT THEIR HOUSE. THE ROOF WILL BE COVERED IN BLACK METAL SIDING TO MASS EXISTING ROOF. THERE WILL BE ONE MAN OR UNDER THE BUILDING. THE OVERALL HEIGHT OF THE BUILDING WILL BE 12 FT.

THERE WILL BE PRIVACY FENCING THAT WILL COVER BOTH SIDES OF THE GARAGE, LEAVING ONLY THE GARAGE DOOR ENDS EXPOSED FOR ACCESS INTO AND OUT OF THE GARAGE. THE GARAGE WILL BE ROUGHLY 101 FT. FROM MORE AVENUE. AND BEHIND THE EXISTING HOUSE, WHICH WILL CONCEAL MOST OF THE GARAGE. ALL IN ALL WHILE ALLOWING THESE VARIANCES ALLOWING OUR CUSTOMERS TO ENJOY THE SAME BENEFITS THAT THEY'RE SURROUNDING NEIGHBORS ARE ABLE TO ENJOY. THANK YOU GUYS FOR YOUR TIME. MR. A COUPLE OF PICTURES OUT HERE IS ARE THESE? THE OLD SHEDS THAT YOU THAT REPORT DOWN? YES. OKAY. YES, OKAY. BECAUSE IT LOOKS LIKE THEY HAVE SOME PICTURES IN HERE OF THE NEIGHBORS TO YEAH, THOSE WERE JUST SOME OF THE OTHER YES, PROPERTIES AROUND THE AREA. SO THAT'S THE SHED THAT IT'S GONE. NOW IT'S GONE. YES, THERE'S NO GOOD, SURE. YEAH, THERE'S NOTHING THERE NOW. THAT'S CURRENTLY WHAT IT LOOKS LIKE. YES. AND DID YOU SAY? ON THE BACK OF IT. THERE'S A NEW CONCRETE APRON APRON FOR THE ALLEY. HMM THEY WOULD CONNECT FROM THE FROM THE GARAGE GOING BACK INTO THE DRIVEWAY THAT RUNS OUT TO THE ALLEY. SO THEIR DRIVEWAY RUNS FROM OR AVENUE STRAIGHT TO THE YEAH, YEAH, DON'T HAVE GARAGE DOORS AT EITHER END AND THEIR GARAGE WILL BE OFFSET A LITTLE BIT FROM WHERE THEIR EXISTING DRIVEWAYS NOW SO THEY'LL HAVE AN APRON COMING OFF OF IT. CONNECTING BACK INTO THAT DRIVEWAY AND GET BACK OUT INTO THE ALLEY. YEP. BEFORE. YEAH. UM MISS SCOTT, HAVE WE CONTACTED ALL THE ADJACENT PROPERTIES AND WE HAD ANY RESPONSES? YES SIR. WE DID, AND WE HAVE NOT HAD ANY RESPONSES. THANK YOU. HEY GOOD PRESENTATION. UM. YEAH. SO I THINK. THE FIRST ALSO THERE ARE TWO STIPULATIONS AND YOU FIT ONE OF THEM A COUPLE OF TIMES, AND THAT IS THAT THE HOUSE WILL BE PAINTED TO MATCH THE NEW GARAGE. SO ANY APPROVAL WOULD BE BASED ON THAT. IN ADDITION, THAT CONSTRUCTION WOULD BEGIN WITHIN THE NEXT 12 MONTHS. YES, SIR. ACCEPTABLE. YES. YES, SIR. OKAY? OKAY NO. NO OTHER QUESTIONS. UH, MOVE THAT WE APPROVED THE APPEAL. OF MAXIMUM LONNIE MAXIMUM MAXIMUM BUILDERS. THE PROPERTY OWNERS OF JOE AND PATTY. OF A JACK. 40 TO 74 MORE AVENUE PARCEL NUMBER 040-00. 70 FOR THE FOLLOWING VARIANCES AS IT RELATES TO SECTION 11 35.

LIKE ONE OF DASH ONE A TO EXCEED THE MAXIMUM SQUARE FOOTAGE OF 900 SQUARE FEET. FOR ALL THE GARAGE BUILDINGS COMBINED BY 292 SQUARE FEET. FOR TOTAL GARAGE AREA OF 1192 SQUARE FEET.

RELATES TO SECTION 11 35.1 OH DASH ONE A TO CONSTRUCT A STEEL GARAGE BUILDING WITH THE DIFFERENT EXTERIOR FINISH, THEN THE MAIN BUILDING THAT'S METAL VERSUS STUCK HOME. UM AS IT RELATES TO SECTION 11 35 22 1. OH DASH ONE TO ENCROACH THE 25 FT. VERY HARD SET BACK BY EIGHT FT FOR TOTAL SETBACK OF 17 FT. BUT THE GARAGE AND NUMBER FOUR IS IT RELATES TO SECTION 11 35.

0.1 OH, DANISH ONE TO ENCROACH. THE SIX FT SIDE YARD. BY TWO FT WITH THE GARAGE BUILDING FOR TOTAL SETBACK. YARD SHUT BACK SIDE YARD SETBACK OF FOUR FT. I SECOND THAT. KALINGA. MR HAN YES. OKAY VARIANCES APPROVED, UE CITY COUNCIL HAS THE ABILITY TO REVERSE ITS DECISION. OTHERS 21

[00:20:14]

DAY WAITING PERIOD THERE AND THERE AND THE TWO STIPULATIONS WHICH WE MENTIONED, OKAY, CONSTRUCTION WITHIN 12 MONTHS AND ALSO THE PAINTING TO MATCH THE GARAGE OF THE HOUSE. OKAY, WE'LL DO. THANK YOU. THANK YOU. THANK YOU APPRECIATE IT. MAYBE THE. NEXT ITEM ON THE AGENDA IS

[5. Hear the appeal of Stanley W. Young, III, representing Branham Sign Co. and Aldi Inc. for 2398 Stringtown Rd., (Parcel #040-005710) for a variance to Section 1145.14 (d); to permit the 164sf east building elevation existing tower glass window image to remain.]

TO HEAR THE APPEAL OF STANLEY W. W YOUNG, THE THIRD REPRESENTING , UM, RIGHT, UM, SIGN COMPANY AND ALL THE INK. OR 23 98 STRING TOWN ROAD PARCEL NUMBER. FOUR FOR A VARIANCE TO SECTION 11 45.14 D TO COMMIT THE 164 SQUARE FEET EAST BUILDING, UM, ELEVATION. EXISTING GLASS TOWER.

TO SHOW WINDOW IMAGE TO REMAIN SO YOU WANT TO PRESENT YOUR CASE, PLEASE? GOOD EVENING, MR CHAIRMAN. MY NAME IS STANLEY W. YOUNG THE THIRD I'M A SCIENCE CONSULTANT AND APPLICANT AGENT FOR RANDOM SIGN COMPANY AND ALSO ALL THE INK. UM THIS IS MR PAVEL AIRS. MR POLARIS IS A PROJECT MANAGER FOR ALL THE INK AND IS PRETTY HEAVILY INVOLVED IN A LOT OF THE CONSTRUCTION AND OVERSEEING OF THE PROJECTS FOR ALL THESE, UM, WHAT I'D LIKE TO START WITH IS, UM, I RECEIVED AN EMAIL. TODAY FROM MR RUSS WHITE, WHO IT IS. THE DIRECTOR OF REAL ESTATE FOR ALL THESE AND WAS PRETTY HEAVILY INVOLVED IN THE VERY INITIAL BEGINNINGS WITH STAFF BELIEVE, MISS SCOTT HEAD WORKED WITH MR WHITE. PREVIOUSLY ON THIS, UH LOCATION. AND I JUST WANT TO FOR THE RECORD. READ THIS END OF THE MINUTES AND GIVE YOU A COPY OF IT ALONG WITH SOME ADDITIONAL DATA. BUT IT GOES ON TO SAY THIS. IT SAYS, UM, UM I WAS IN CLEVELAND TODAY. AND HE HAS A MEETING THERE TILL 12 TO 4. SO HE WAS NOT ABLE TO MAKE IT TODAY. SO MR POLARIS IS HERE. UM IT'S THEIR POSITION. THAT WOULD BE ALL THESE THAT THAT VERTICAL TOWER WITH THE IMAGES IS A PART. OF THEIR NATIONAL PROTOTYPE AND HAS BEEN UTILIZED IN EVERY OTHER FACILITY. THAT HAS BEEN BUILT. IN THE LAST THREE PLUS YEARS.

WITHOUT AN ISSUE. AND THESE INCLUDE. AND IT GOES ON TO NAME AND I WON'T PASS OUT SOME PICTURES. UM THESE CITIES AND MUNICIPALITIES. CITY OF DUBLIN, HILLIARD. HILLIARD GROWN BLOOD LOOK, ROAD LOCATION GROW PURPORT, WESTERVILLE. WORTHINGTON AND UPPER ARLINGTON . AND THERE'S MORE STORIES IN THE PIPELINE THAT ARE BEING WORKED ON AS WE SPEAK. WHAT THEY ARE. THEY'RE INTERNALLY ILLUMINATED. PANELS THAT MOUNT ON THE INSIDE OF THE WINDOWS. UH AND IT WAS NEVER HIS INTENTION. TO TRY AND SNAKE OR TO GET SOMETHING BY INITIALLY PASSED THE COMMISSION. IN THE VERY BEGINNING IS THESE WERE NOT ISSUES AND THEY HAD ASSUMED THEY AS MR WHITE ASSUMED IT WOULD NOT BE AN ISSUE. UM AND WE HAD FIGURED IT WAS GONNA BE OKAY AS IT WAS IN ALL THESE OTHER CITIES. SO, UM SOMEONE IN THE PAST THESE OUT JUST FOR YOUR.

AND AS YOU'RE VIEWING THOSE, UMH CITY LOCATION. I WOULD WANT TO BRING YOUR ATTENTION TO A COUPLE OF POINTS FROM A VISUAL PERSPECTIVE. THIS PARTICULAR ELEVATION. OF THIS BUILDING, WHICH IS THE EAST SIDE SITS OVER 300 FT AWAY. FROM STRING TOWN ROAD. IT ONLY HAS ONE WALL SIGN . AND OF COURSE, I THINK THERE IS A PRESENCE WITH A TENANT PANEL ON A SHARED MONUMENT TYPE SIGN. SO THE SIGNAGE IS REALLY VERY LIMITED. IN TERMS OF WHAT WOULD TYPICALLY D EXPECTED FROM

[00:25:03]

A BUILDING ROOM BUSINESS THAT WOULD BE CLOSER TO THE ROAD. UMR THIS THIS ELEVATION. I THINK IT WAS AROUND 985 SQUARE FEET ONLY 164.7. ACTUALLY HAS THOSE ARCHITECTURAL IMAGES OF THE VEGETABLES AND THE WORD FRESH. THAT IS, IF YOU TAKE THAT AND EXTRAPOLATED OUT AND WHEN IT COMES OUT TO ABOUT 17% OF THE TOTAL WINDOW AREA FOR THAT PARTICULAR SITE. UM SO WE JUST BELIEVE THAT THESE IMAGES ARCHITECTURALLY IN NATURE OF THE FRUITS AND THE VEGETABLES AH ARE DECORATIVE IN NATURE. AND ADD TO THE LOOK OF THE SITE, AS YOU CAN SEE, WITH SOME OF THE OTHER LOCATIONS AND WE DON'T THINK IT'S OVERKILL. WE DON'T THINK IT'S EGREGIOUS AND ANYWAY. AND I WOULD CERTAINLY. REQUEST YOUR CONSIDERATION AND YOUR THOUGHTS AND IDEAS. I'LL HAVE PAT SAY A FEW WORDS, AND HE CAN MAYBE ANSWER SOME QUESTIONS SPECIFICALLY ON THIS SITE. MAYBE MORE THAN WHAT I'M I CAN DO SO GOING BACK. HE HAS IT GOING, OBVIOUSLY, STANDARDS SET ON PAINFUL AREAS. I'M THE REAL ESTATE PROJECT MANAGER FOR ALL THE UM, AS HE STATED, WE'VE WE'VE KIND OF BEEN DOING THESE IN THE LAST THREE OR FOUR YEARS ALL AROUND KIND OF COLUMBUS GREATER COLUMBUS AREA WITHOUT ANY ISSUES. WE APOLOGIZE. WE NEVER WE NEVER SEEM TO MISS SOMETHING. AND THEN THIS KIND OF THE FIRST TIME IT'S POPPED UP. IN THIS KIND OF SCENARIO, SO IT'S NEVER GOOD TO GO BACK AND TRY TO FIX THINGS AFTER IT'S ALREADY HAPPENED, BUT WE NORMALLY DO THINGS BUT CORRECTLY AND DON'T RUN INTO THESE OFTEN, BUT YEAH, SO I WAS KIND OF LOOKING THROUGH SOME OF THE STAFF REPORT, AND I THINK THERE'S THINGS IN THERE LIKE WINDOWS SIGNAGE AND SEASONAL AND SALES AND THINGS LIKE THAT. BUT TO US, THIS IS MORE OF AN IT'S NOT AN ARCHITECTURAL FEATURE, BUT IT'S INTEGRATED INTO THE DESIGN OF THE BUILDING. IT IS OUR NATIONAL PROTOTYPE. WE USE THEM ALL AROUND THE COUNTRY. UM AND IN THE AREA STATED AROUND GREATER COLUMBUS AREA UM, SO WE WE'VE NEVER REALLY RUN INTO THIS. IT'S KIND OF SEMI PERMANENT. I DON'T WANT YOU GUYS TO THINK THAT THIS IS AN AREA THAT WE'RE GOING TO BE INTER CHANGING WITH ADVERTS AND THINGS LIKE THAT. UM IT'S SEMIPERMANENT . THE ONLY TIME IT WILL BE CHANGED IF THERE'S A REBRANDING . YOU KNOW ALL THE A FEW YEARS AGO CHANGED ITS LOGO, SO WE CHANGE SIGNAGE ACROSS BUILDINGS LIKE THAT, SO IT'S SEMIPERMANENT . NOT REALLY GONNA CHANGE. UM AND IF YOU NEED SOME SORT OF AN AGREEMENT TO IT WILL STICK TO THAT. SAME. WHAT IS THERE TODAY WILL BE THERE TOMORROW OR FOR THE NEXT FEW YEARS. AS TO NOT BE USED AS AN ADVERTISEMENT OR LIKE A SOME KIND OF GAUDY WINDOWS SIGNAGE THAT YOU THINK OF IT IN A TYPICAL SETTING. SO I WAS JUST LOOKING THROUGH THE PLANTS TODAY. WE WE'VE BEEN A PART OF THIS COMMUNITY, THE GROVE CITY SINCE THE NINETIES, I WAS JUST LOOKING AT HER OLD PLANS SO AND WE'VE HAD GREAT RESPONSE FROM NOT ONLY INTERNALLY OR OPERATIONS, UM AND MANAGERS AND EMPLOYEES, BUT ALSO THE COMMUNITY HAS REALLY TAKEN TO THE NEW STORE, AND WE'VE REALLY SEEN ENOUGH TURN IN CUSTOMER ENGAGEMENT AND REALLY ENOUGH TURNING JUST CUSTOMERS IN GENERAL, SO WE'D LIKE TO THANK THE COMMUNITY FOR THAT, TOO. SO UM. WELL NOT WANTING TO COMPARE US TO EVERYONE ELSE. UM UM IN DUBLIN, UPPER ARLINGTON, WORTHINGTON GROW FOR WESTERN VILLAINS WEIRD. UM HAS THIS ISSUE COME UP BECAUSE THEY HAVE VERY SIMILAR SIGNAGE CODES IN THEIR RESPECTIVE MUNICIPALITIES . HAVE YOU APPEALED IN ANY OF THESE OTHER LOCATIONS? FORBEARANCE I DO NOT BELIEVE WE HAVE APPEALED IN ANY OTHER SCENARIOS LIKE THIS, UM SOME OF THOSE BUILDINGS WERE DONE BEFORE MY TIME, BUT MOST OF THE TIME IF IT DOES NEED SOMETHING DONE. WE DO IT AHEAD OF TIME, OBVIOUSLY, BUT YEAH, IN ANY CASE RIGHT NOW, WE DON'T HAVE ANY OPEN CASES. AND THERE'S CURRENTLY NO ISSUES WITH THEM AROUND THE AREA. JUST LEAVE THEIR CODE ENFORCEMENT OFFICER HASN'T SEEN IT IF YOU DID IT AFTER THE YOUR OCCUPANCY. RIGHT WHEN THESE WELL, JUST AS A SIDE NOTE. I'VE BEEN A SIGN CONSULTANT PROGRAM SITE COMPANY , WHICH THEY HOLD THE MASTER ACCOUNT AND HALF FOR OVER 10 YEARS WITH ALL THESE, AND I CAN TELL YOU THAT IF THERE WAS ANY ISSUES WITH PSYCHO RESEARCH OR ANY SPECIAL APPROVALS OR APPEALS TO BE A FOR THIS TYPE OF KIND OF ISSUE, I WOULD HAVE BEEN INVOLVED, AND I CAN HONESTLY SAY THAT I'VE NOT HAD ANYTHING FOR ANY OF THE STORIES THAT I HAVE PRESENTED TO YOU THAT WERE OF AN ISSUE. FOR THE RECORD. I KNOW YOU WERE HERE FOR A LONG TIME

[00:30:06]

FAMILIAR WITH YOUR OLD STORE, UM, OFF OF AGAINST, UM WHAT IS THE OLDEST AGE OF THE STORES THAT YOU PRESENTED HERE IN THE GENERAL COLUMBUS AREA AS FAR AS DESIGN WAS FIVE YEARS, 10 YEARS , UM, WITH THIS TEXTURAL ELEMENT , IT'S WITHIN THE 3 TO 43 TO FOUR YEARS ARCHITECTURAL ELEMENT. BUT THERE AGAIN, IN ALL HONESTY, MAYBE THEIR CODE ENFORCEMENT OFFICER HASN'T NOTICED. THESE OTHER AREAS RIGHT, SO IT HAS TO BECOME AN ISSUE BECAUSE THERE WAS SEEN IT.

WE HAVEN'T HAD ANY PUSHBACK. I MEAN, WE HAVEN'T YET IN THE VIDEO. IF IT WAS SEEN IN THE BEGINNING, IT WOULD HAVE BEEN PERMITTED OR SOMETHING ALONG THOSE THAT NATURE WOULD HAVE BEEN PERMANENT AHEAD OF TIME. THIS KIND OF FIRST TIME REMEMBER RUNNING IN INTO THIS ISSUE. OR WAS THIS. WHEN THIS DESIGN WAS BROUGHT IN FOR THE NEW CONSTRUCTION OF THE NEW ALL THESE WAS THIS BROUGHT UP? DURING THIS TIME, THE SAME COMMISSION OR ANYTHING ELSE.

UNFORTUNATELY IT WASN'T AND IF IT HAD BEEN, THEN WE WOULD HAVE BEEN ABLE TO ADDRESS IT ANOTHER WAY, OTHER THAN HAVING ISSUE A NOTICE OF VIOLATION, WHICH NOW IS BEING APPEALED. SO I MEAN, THIS IS OUR CODE, AND I FORCED THE SECTION OF THE CODE EVERY DAY. SIMILARLY WITH OTHER BUSINESSES, UM GENERALLY, IT'S NOT AS DONE AS PERMANENTLY. IT'S USUALLY YOU KNOW, ADVERTISING IS A WINDOW CLING OR SOMETHING LIKE THAT. IN THIS CASE, IT'S MUCH MORE PERMANENT. UM IT'S ILLUMINATED. IT WAS OBVIOUSLY THOUGHT THROUGH AND PLANNED OUT FROM THE BEGINNING, BUT NO, WE DIDN'T GET A CHANCE TO LOOK AT IT. I WISH WE HAD. IT'S GOT WHAT WAS THE FIRST TIME WE KNEW THAT IT EXISTED. SOMETIME AFTER, UM OCCUPANCY AFTER THE GRAND OPENING. THIS IS YOUR WORDS SEMIPERMANENT. RIGHT WHERE IT COULD BE CHANGED. IT IS IT IS LOOMING ATED RIGHT IS INTERNALLY ILLUMINATED. IT'S BASICALLY DISPLAY BOX THAT RUNS UP THE WHOLE HEIGHT OF THE BUILDING INTERNALLY. UM THAT'S ELIMINATED INTERNALLY. AND THEN IT'S BASICALLY A VINYL PANEL THAT KIND OF IT'S LIKE THAT, BUT YOU IF YOU REMOVE THE SIGNAGE. IT'S BASICALLY A BLANK WALL A WINDOW LOOKING INTO A IT'S NOT LOOKING INTO THE STORE. WHERE IT HAS NOTHING. THERE'S NO VIEW OF ANYTHING INTERNALLY. DOES THAT MAKE SENSE? UNLESS THROUGH FOUR YEARS OF THESE HAVE BEEN CHANGED FROM THE INITIAL DESIGN. CORRECT YEAH, THEY'RE THEY'RE NOT MEANT TO BE CHANGED. THEY'RE THEY'RE KIND OF AN ARCHITECTURAL ELEMENT THAT JUST IS USED. BRIGHTEN UP THE BUILDING AND FRESHEN IT UP.

IT'S NOT REALLY ADVERT. WE DON'T USE IT AS AREA. OH, I LAUREN, ASSUMING EVERY CONTRACTOR OR SIGN CONTENT. THE G C OR THEY GOT A COPY OF OUR SCIENTISTS. SPORT HAS ITS WHEN THEY PULL THEIR PERMITS, AND THEY KNOW WHAT CITY SIGN DELIVERS. THEY SHOULD THEY DON'T RIGHT AND THE GOOD IS AVAILABLE ON OUR WEBSITE. RIGHT? AND I HAVE WORKED WITH STAND FOR A VERY LONG TIME. AND IT WAS SOMETHING THAT I THINK NEITHER ONE OF US WAS AWARE OF UNTIL YEAH. AND I THANK YOU. I'M SORRY. I THINK TOO IN DEFENSE OF MR WHITE. HAVE YOU READ THAT? EMAIL? UM BECAUSE OF ALL THE OTHER LOCATIONS THAT YOU KNOW, PRIMARILY, I MEAN, THERE THEY HAVE A LOT OF SOMEWHAT OF A RESTRICTED SIGN CODE AND UPPER ARLINGTON AND HILLIARD. NON ILLUMINATED SIGNAGE. YOU HAVE TO BE A CERTAIN WAY. I MEAN, THEY'RE VERY VERY RESTRICTIVE IN NATURE . AND I KNOW GROSS CITY FOR A LONG TIME SLOWER, HAS SAID. I'VE WORKED WITH HER AND STAFF FOR MANY, MANY YEARS AND, UH. IN HIS DEFENSE. HE JUST DIDN'T FEEL AS IF THE CITY WAS GOING TO BE AN ISSUE AND THAT'S WHY IT REALLY WASN'T BROUGHT. IT SHOULD HAVE BEEN. OBVIOUSLY, IT SHOULD HAVE BEEN IT WASN'T BECAUSE HE DIDN'T FEEL AS IF IT WAS GOING TO BE AN ISSUE. BECAUSE WE'VE HAD ALL THESE OTHER LOCATIONS AND MUNICIPALITIES THAT HAVE OKAY, SO THAT'S THAT'S WHY IT WASN'T REALLY DISGUSTING IN LINKED TO BE FAIR. BECAUSE ALL THESE AND YOUR COMPANY CONSIDERED THIS TO

[00:35:01]

BE SIGNAGE. UM IF WE. THAT'S STRANGE TRIP, I GUESS CONSIDERED A SIGN BECAUSE THAT'S THE EARLY THAT WE'RE STRUGGLING. THAT'S MADE BY VENDOR BUT IN THE TYPICAL SENSE OF LIKE A SIGNAGE FOR ADVERTISING OR SOMETHING LIKE THAT. IT'S THAT WE DON'T REALLY CONSIDER IT SIGNAGE BECAUSE WE DON'T USE IT TO ADVERTISE ANYTHING. IT'S REALLY JUST AN ELEMENT OF THE BUILDING.

IF I MAY JUST HAVE TO WORK PATTERN WAS SAYING, UM THE ONLY ELEMENT THAT ONE WOULD REALLY CONSIDERING. I'VE BEEN IN THE SIGN INDUSTRY FOR OVER 35 YEARS TO BE ASSIGNED WOULD BE THOSE LOWER TWO PANELS THAT WOULD SAY FRESH, THEY HAVE ALPHABETS. IT'S A WORD. IT'S AN ADJECTIVE DESCRIBING THE PRODUCT THAT IS BEING SOLD OR SERVED WITHIN THE STORE. SO WITH THAT RESPECT TO ANSWER YOUR QUESTION, I WOULD SAY YES, THAT THERE'S LOWER TWO PANELS IN THOSE SITUATIONS WOULD BE CONSIDERED A SIGN, HOWEVER. IN HIS COMMENT, WHICH I AGREE WITH. THE UPPER AREA THAT HAS ARCHITECTURAL IMAGES THAT SHOW FRUITS AND VEGETABLES AND THINGS LIKE THAT REALLY ARE JUST A PRODUCT THAT YOU WOULD SEE IN ANY STORE AS YOU WOULD GO THROUGH THEM ALL WAY OR WHATEVER IT MAY BE, YOU KNOW, DISPLAYING DIFFERENT TYPES AND KINDS OF IMAGES THAT THEY SELL IN THEIR STORES. REALLY, NOT A SIGN. IT'S A IT'S A DECORATIVE OR IMPORTANT MENTAL T. IMAGE OF SOMETIMES SO THAT PORTION OF IT? YES I WOULD SAY THE AND TO BE FAIR TO ANSWER YOUR QUESTION AS A SON. BUT THE REST OF IT AND IN MY PROFESSIONAL OPINION, NO, THEY WOULD JUST BE SIMPLY ARCHITECTURAL IMAGES TO PROJECT . WHAT? WHAT THE STORE IS ACTUALLY SELLING. WELL, IF WE SAY THE BOTTOM TWO PANELS WOULD BE A SIGN, DON'T ISN'T THERE? I HAVE TO READ IT AGAIN THAT YOU'RE ONLY ALLOWED SO MANY. YOU CAN HAVE TWO PANELS AND A GREAT CITY SIGN CODE, BUT THE SQUARE FOOTAGE IS ANYTHING OVER 40 FT IN LENGTH AND FRONTAGE, YOU CAN HAVE 2 15 SQUARE FOOT SIZE 30.

THOSE ARE 55 SQUARE FEET TO THOSE TWO SIDES COMBINE THOSE TWO WINDOW CABINETS COMBINED.

BUT IT WOULD STILL ACTUALLY SEE THAT 30 SQUARE FEET TO BE FAIR. CORRECT SO THE DEFINITIONS OF INFORMATIONAL SCIENCE AS WE USE IT HERE IN GROVE CITY IS AT THE TOP OF THE SCREEN. UM, THIS IS USED BY BUSINESSES TO PROMOTE PRODUCTS, SALES OR SEASONAL PRODUCTS PLACED IN WINDOWS ARE ON THE PREMISES AND WE HAVE THERE IS A RESTRICTION. AS FAR AS HOW MUCH OF THAT YOU CAN HAVE. AND WITH THE FRONTAGE OF 40 FT. OR MORE. YOU CAN HAVE TWO SIGNS UP TO 15 SQUARE FEET. SO IF YOU THINK OF LIKE TACO BELL OR RALLIES OR YOU KNOW, KFC ANY OTHER BUSINESS? THEY'RE ALLOWED TO HAVE TWO OF THOSE SIGNS IF THEY'RE IN A STANDARD COMMERCIAL DISTRICT, AND THEN WE HAVE OTHER DISTRICTS LIKE PLAYING UNIT DEVELOPMENTS WHERE THEY'RE NOT PERMITTED AT ALL. AND SOME AREAS OF PARKWAY CENTER. YOU'RE NOT ALLOWED TO HAVE ANY WINDOWS SIGNAGE. SO WE HAVE THIS RESTRICTION AND WE HAVE TO WORK WITHIN THE BOUNDARIES OF THAT CODE, AND THAT'S WHY THE NOTICE WAS ISSUED, AND, UH, WE'RE ASKING IT TO BE REMOVED. THE OTHER PART OF IT IS THAT IF THIS WERE TO BE CONSIDERED SIGNAGE WORK, SAYS FRESH. WE CALL THAT A SIGN THEN THAT WOULD REQUIRE A SIGN PERMIT, JUST LIKE THE ALL THE CABINET SIGN AND JUST LIKE THE PLANET FITNESS LETTERS, AND JUST LIKE THE MONUMENT SIGN AT THE ENTRANCE THAT HAS ALL THE ON IT IF WE CONSIDER THAT THAT IT WOULD REQUIRE A PERMIT, AND IF THEY WERE TO APPLY FOR A PERMIT, BASED ON OUR CODE, I WOULD HAVE TO DENY IT AND THEY COULD ESSENTIALLY BE BACK HERE. FOR A VARIANCE, BUT IT'S JUST WHAT I HAVE TO WORK WITH. AND JUST TRYING TO WORK WITH COMPLIANCE OF THE SIDED MR HUNT, IF I MAY SUGGEST SOMETHING TO YOU IN THE SPIRIT OF GOOD FAITH. IN THE SPIRIT OF COMPROMISE. UM. WE DISCUSSED IT, AND I THINK IT WOULD BE A REASONABLE THANKS TO DO WOULD BE TO ELIMINATE THE WORD FRESH ALTOGETHER. TAKE THOSE TWO PANELS ON AND JUST SIMPLY CONTINUE TO TOWER DOWN WITH JUST ARCHITECTURAL IMAGES. DECORATIVE IMAGES OF FIRST AND VEGETABLES THAT WOULD ELIMINATE THE WORD FRESH, WHICH IS ASSIGNED AND WOULD SIMPLY BE AN ARCHITECTURAL FEATURE OF THE BUILDING HAS PATTERN INDICATED AND WOULD MORE THAN LIKELY, UM THAT'S MUSTER WITH ZONING DEPARTMENT. IT'S OUR IT'S OUR WAY OF SAYING, HEY, WE'RE WILLING TO MAKE SOME CHANGES, AND AT LEAST WE WOULD REALLY LIKE TO KEEP WE'D LIKE TO KEEP SOMETHING THAT WE HAVE BUT YET MODIFIED AND AN EFFORT TO COME CLOSER TO WHAT KIND OF PERMITS AND I DON'T THINK WE'RE GONNA NEED A PERMIT TO DO THAT. BECAUSE IT WOULDN'T BE CONSIDERED SCIENTISTS JUST

[00:40:01]

ARCHITECTURAL FEATURE. UM MR CHAIRMAN. WHEN I LOOK AT THIS PROPERTY AND ESPECIALLY THE BUILDING AND HOW FAR IT SET BACK OFF THE STRING TOWN ROAD. NOT TO MAKE AN ARGUMENT FOR THEM, BUT FROM ST TOWN ROAD FROM PUBLIC RIGHT AWAY. I DON'T THINK YOU CAN EVEN SEE THE WORD FRESH BASED OFF THE ELEVATION CHANGE ON THE PARKING LOT AND VEHICLES ARE PARKED OUT THERE. UM SO YOU KNOW WHAT ONE THING OR SIGN CODE DOES NOT DEAL. IS IT JUST NOT TAKE INTO CONSIDERATION THE DISTANCE OF THE RIGHT AWAY THAT A BUILDING SETS IT'S UNFORTUNATE BECAUSE THE FURTHER BUILDING SETS THAT SIGNAGE IS ALLOWED GETS SMALLER. WHERE BASICALLY SOMETIMES A FEELING SHOULD BE THAT WE INCREASE THE SIGN EACH BASED OFF HOW MANY FEET YOU ARE OFF THE RIGHT AWAY. AGAIN OUR SIGN CODE DOESN'T DO THAT. SO TAKING EVERY BUILDING INTO CONSIDERATION AND TRYING TO WRITE A CODE. IT IS DIFFICULT, UM TO DO. YOU KNOW, SO AS I LOOK AT THIS, UH YOU KNOW HOW PICK ANY WE GET. AND YOU KNOW, ME AND LAURA HAVE DISCUSSED THIS OVER AND OVER AGAIN. YOU KNOW, THE THING WE DON'T WANT TO DO IS SET A PRESIDENT'S BUT LIKE I SAY, THE DISTANCE OF STRING TOWN ROAD, I THINK MAKES A GOOD ARGUMENT TO JUST LEAVE IT AS IT IS, IN MY OPINION. NOW I DON'T VOTE ON THIS PANEL. UM I HAVE LOOKED AT THE OTHER LOCATIONS THAT THEY TALKED ABOUT AND PLAYING CITY. SOME OF THE OTHERS. AND YES, THEY DO HAVE IT. AH, AND THOSE PROPERTIES ARE EVEN CLOSER TO THE ROAD WHERE MAYBE IT DOES HAVE AN IMPACT ON FOR SIGNAGE. BUT AGAIN, THIS IS JUST THE PERSON COMING IN FROM THEIR CAR INTO THE FRONT DOOR THAT THIS IS YOU KNOW WHETHER YOU WANT TO CALL IT ADVERTISEMENT OR IT'S JUST A NICE FEELING. I GUESS WHEN YOU COME UP TO THE STORE AND SEE THIS FRESH PRODUCE. BUT AGAIN, THAT'S MY OPINION. I DON'T VOTE ON THE SUPPORT. THAT'S CONCERN THAT I HAVE THIS IS THE IF WE OPEN THIS DOOR. SOMEONE ELSE COMES IN AND IT'S THE NUMBER OF QUESTIONS ASKING FOR A VARIANCE. IS THERE ANY SPECIAL PRIVILEGED THAT WE STOLE ON SOMEONE. YOU KNOW IF OTHER PEOPLE CONSIDER THIS TO BE A SIGN, EVEN THOUGH IT'S SET BACK OPEN UP THE FLOODGATES AND SOMEONE PUTS A BIG GARISH WENT RIGHT ALONGSIDE THE ROAD. I THINK THAT'S PROBABLY YOUR CONCERNED, TOO, RIGHT? SO IT'S UH IF I COULD JUST STOP ON ON THE PRECEDENT PART I DID, AND I'M NOT SAYING THAT WORRYING ABOUT PRESIDENT IS OVERBLOWN. BUT WHEN IT COMES TO A VARIANCE, EVERY CONSIDERATION IS VERY SITE SPECIFIC. AND IF THE PANEL HAS CAN ARTICULATE A REASON AS TO WHY THIS MAY NOT THIS ALLOWING THIS MAY NOT BE SUBSTANTIAL. AND SOME OTHER SIGN THAT COMES THROUGH IS IF WE CONSIDER EVEN CONSIDER IT A SIGN THAT I THINK THAT'S A DEFENSIBLE POSITION THAT WE CAN DEFEND. THERE'S NO OTHER PANEL. YOU GUYS HAVE NO IN MIND TO PUT UP ANYWHERE ELSE. WITHIN THE STORY . NO, THAT'S THAT'S IT. SO WE'RE WILLING TO MAKE A CHANGE IF THAT'S AGREEABLE TO YOU, OR IF YOU FEEL AS IF, AS THESE TWO GENTLEMEN HAD INDICATED THE WORD FRESH IS NOT SO MUCH OF AN ISSUE MORE SITE SPECIFIC ON THE VARIANTS AND YES, SO THEY'RE VARIANCES WILL COME AND GO. ABOUT EACH ONE SHOULD BE BASED ON JUDGED UPON ITS OWN MERIT. AND I DO AGREE WITH YOUR LAW DIRECTOR. GIVE US JUST A COUPLE OF MINUTES AND LIKE TO CONFIRM LIKE THIS. IT'S TRUE, HONEY.

[00:45:15]

UM WOULD IT BE APPROPRIATE TO ADD A COUPLE OF STIPULATIONS PART OF VOTING ON THIS AND JUST SEE IF THEY'RE AMENABLE? IF WE COME TO COPPER MINES WOULD SAY, THROW THOSE OUT BEFORE WE DO IT, AND THEN WE'LL MAKE ONE MOTION WITH THOSE STIPULATIONS THAT YOU ARE. SO, UM I THINK THAT MOST OF THEM, MR HAN AND MYSELF. WHAT ENTERTAIN. THE ADDITIONAL ADDITIONAL STIPULATION IS THAT THOSE TWO WORDS OF FRESH BE TAKEN OFF AND REPLACED WITH SOMETHING THAT IS COMMENSURATE WITH VEGETABLES OR WHATEVER IS ON THE SIDE. AND THAT NO AND THEN ANOTHER ONE IS THAT NO ADDITIONAL WINDOWS SIGNAGE BE. PRODUCED OR UTILIZED DOWN THE ROAD. WITH THOSE BIG SUSCEPTIBL? UM OKAY. THE MAKE A MOTION THAT WE APPROVE. THE APPEAL OF STANLEY W. W YOUNG REPRESENTING MY FRIEND. SIGN COMPANY AT ALL THE INK 23 98 STRING TOWN ROAD. PARCEL NUMBER 040-005. 710 FOR A VARIANCE THIS SECTION 11 45 POINT 14 DAY TO PERMIT. THE 601 164 SQUARE FEET EAST BUILDING ELEVATION EXISTING TERROR WINDOW IMAGE TO REMAIN WITH THE STIPULATION THAT THE BOTTOM TWO PANELS BECAUSE INVERTED FROM THE WORDS FRESH TO AN APPROPRIATE. VEGETABLE FRUIT OR WHATEVER. AND THAT SECONDLY, THAT NO OTHER, UM, WINDOW SIGN IT BE, AND IT IS BUILDING. AND, UH, THIRDLY, THAT THIS SPEED DONE WITHIN A REASONABLE TIME PERIOD. THREE DAYS. 36 6 WHAT DO YOU THINK IS REASONABLE? 30 DAYS, 60 DAYS IS ADEQUATE 60 DAYS 66! 60 DAYS. OKAY. 60 DAYS, 60 DAYS. BUT I SAID I SECOND THAT CHAIR MALINGA. YES MR HAN. OKAY NOW THERE'S A 21 DAY WAITING FOR YOU . THAT CITY COUNCIL CAN REVERSE ANY DECISION WE MAKE. IT'S VERY RARE. BUT, HOWEVER, IT'S SO IT'S A WARNING. LET'S SAY I DON'T KNOW IF IT'S A WARNING OR WHATEVER. BUT I APPRECIATE YOU COMING TO TOWN AND SORRY THE SITUATION EXISTENCE ANYWAY. THANK YOU VERY MUCH APPRECIATED . THANK YOU. SORRY ABOUT THAT. OKAY. NEXT. ITEM ON THE AGENDA IS, IS THERE ANY NEW BUSINESS?

[6. New business]

YES CHAIR. HE LINDA. I WOULD LIKE TO ASK IF WE COULD APPROVE THE PROPOSED 2023 EASY A SCHEDULE. OKAY? I'D LIKE TO, UM, TOMORROW. PROPOSED THAT MAKE MOTION THAT WE APPROVED THE RHODES CITY BOARD OF ZONING APPEALS 2023 SCHEDULED AS DISTRIBUTED THE 2ND 2ND. CHAIR KALINGA. YES, MR HAN. THANK YOU. MHM AND ANYTHING ELSE? THAT IS OUR NEXT, UM NEXT MEETING IS ON THE 28TH OF DECEMBER. CORRECT. YEP THAT'S GOT IT. DECEMBER 28. YEAH YES, AND THAT I BELIEVE IS . WAS THAT A WEDNESDAY AND, UM YES. I'M SORRY. IT'S DECEMBER. THE 27TH. I KNOW THAT'S 2023. UM I HAVE THE 27TH. I'M SORRY. I APOLOGIZE. THANK YOU. THANK YOU GOT RIGHT. YEAH I THINK THAT'S THE 28TH 27TH ON MY CALENDAR, BUT I'M PROBABLY AN ERROR. TELL ME TO LOOK AT THE ORIGINAL

[00:50:06]

SCHEDULE. THAT'S YOURS TOO THIN HERE. IS THAT SCHEDULE RIGHT HERE RIGHT NOW. 0.7 SORRY.

SORRY. RIGHT HERE. UM. YEAH IT'S TUESDAY, DECEMBER 27TH APOLOGY. WANT TO KEEP IT ON THAT THERE? WE WANT TO MOVE TO WEDNESDAY. IT DOESN'T MATTER. I BELIEVE SO. I DON'T KNOW IF WE HAVE ANYTHING YET. I CAN LET YOU KNOW WHEN WE GET TO NOVEMBER 30TH AND A COUPLE OF DAYS. OKAY. OKAY, GREAT, OKAY. LIKE TO ADJOURN THE MEETING. THANK YOU. TH

* This transcript was compiled from uncorrected Closed Captioning.