[1. Call to order/roll call.]
[00:00:09]
MILITARY TIMES, SO WE START RIGHT ON TIME. UM WELCOME EVERYONE TO THE CITY OF GROWTH CITY BOARD OF BUILDING ZONING APPEALS MEETING AND I'D LIKE TO CALL THE MEETING TO ORDER. AND START WITH ROLL CALL. MALINGA. HERE MR BRANDT. HERE MR HAN. GREAT, OKAY. AND NEXT DOOR BUSINESS LIKE THE START WITH THE MOMENT OF SILENCE.
OKAY AND IF YOU'D STAND, LET'S UH FACE THE FLAG. ELECTIONS. TO THE FLAG. THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD. INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU. THAT'S OKAY. THE NEXT ORDER OF BUSINESS IS. TO ELECT A CHAIR
[3. Elect a chair and vice chair.]
AND VICE CHAIR OF THE, UM THE COMMITTEE. DO I HAVE A NOMINATION FOR CHAIR ON NOMINATED GEORGE FOR THE CHAIR? DO I HAVE A 2ND 2ND THAT OKAY? ALL THOSE IN FAVOR SIGNIFY BY SAYING, AYE. HMM OKAY. DO I HAVE A NOMINATION FOR VICE CHAIR? I DON'T KNOW. EMANATE, JOHN. I'LL SECOND THE NOMINATION. OKAY ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. CONGRATULATIONS JOHN.CONGRATULATIONS. QUESTIONS, OKAY? UM. ALSO ANYONE THAT, UM, DESIRES TO SPEAK DURING THE PROCEEDINGS IF YOU WOULD STAND AND RAISE YOUR RIGHT HAND. AND WE'LL HAVE MRS SCOTT SWEAR YOU IN. YOUR FAMILY SWEAR ARE FROM THE TESTIMONY YOU'RE ABOUT TO GIVE IS TRUE AND CORRECT AND THAT YOU'RE TESTIFYING OF YOUR OWN FREE WILL. THANK YOU. LOOKS LIKE EVERYONE. THAT'S YOURS.
SIGN THE SIGNING, CHEAT, AND THE NEXT ITEM IS, UH, TO APPROVE THE MINUTES FROM OUR DECEMBER 27TH
[4. Approve the minutes from the December 27 meeting of the Board of Zoning Appeals.]
MEETING OF THE BOARD OF ZONING APPEALS. ARE THERE ANY ADDITIONS, CORRECTIONS OR DELETIONS? SO MOVE? APPROVE. MR BRANDT? YES TO YES, ON. OKAY, WE'RE ALL SET. OKAY THE FIRST[5. Hear the appeal of Brian Sweeney, JH Architects Inc. representing Matthew Carver, Health Care Logistics at 1850 Gateway Circle, (Parcel #040-004147), for a variance to Section 1137.05 Yard Obstructions and Fences; to install a 6' tall decorative fence in front of the 30* building front setback, encroaching the setback by 16', leaving a total front setback of 14'.]
ORDER OF BUSINESS IS TO HEAR THE APPEAL OF BRIAN SWEENEY JH ARCHITECTS INC REPRESENTING MATTHEW CARVER, HEALTHCARE LOGISTICS AT 1850. GATEWAY CIRCLE. PARCEL NUMBER 040.004147 FOR A VARIANCE TO SECTION 11 37.5 YARD OBSTRUCTIONS AND FENCES TO INSTALL A 6 FT TALL, DECORATIVE FENCE. IN FRONT OF THE 30 FT BUILDING FRONT SETBACK ENCROACHING THE SETBACK BY 16 FT , LEAVING IN TOTAL FRONT SETBACK OF 14 FT. UM WHO WOULD LIKE TO ADDRESS THE COMMITTEE. HMM.
OKAY? BASICALLY WHAT WE DO. IS THERE ALLOWED AROUND THE BACK HALF OF THE PROPERTY, BUT IT IS NOT ALLOWED IN THE BUILDING SET BACK. SO THE PARKING SETBACK IS THAT 15 FT. SO WE'RE LOOKING AT PUTTING THIS 6 FT FENCE RIGHT IN FRONT OF THE PARKING SETBACK TO ENCAPSULATE THE ENTIRE PARKING LOT. AND THEN WE'LL HAVE A ROLLING GATES AT EACH ENTRANCE TO PROHIBIT CARS FROM PASSING IN AND OUT. UM REGIONS FOR THIS IS THE OWNER HAS HAD TROUBLE WITH PEOPLE TRUST PASSING ON THE PROPERTY, UH, GOING THROUGH THE DUMPSTER. UM. THEY HAD PEOPLE OVER THE SUMMER THAT CAME AND WE'RE HAVING A CAR DRIFTING PARTIES ON THE PROPERTY, AND, UH , THE BUILDING IS CALLED OR THE
[00:05:02]
BUSINESSES CALLED HEALTHCARE LOGISTICS, SO THEY GET A LOT OF UNWANTED ATTENTION FROM PEOPLE THINKING THAT THEY MAY HAVE PRESCRIPTION DRUGS AND THE FACILITY, WHICH IS NOT THE CASE, BUT THAT DOESN'T STOP PEOPLE FROM COMING ON THE PROPERTY. AND UH, ROOTING THROUGH THE DUMPSTER , SO HOPING TO PUT UP FENCES, A SECURITY MEASURE. GREAT. AH MISS SCOTT, IF WE, UH, SEND NOTIFICATIONS TO THE JASON PROPERTY OWNERS YES, WE HAVE. WE HAD ANY RESPONSES. NO, WE HAVE NOT OKAY. MR BRANDT. DO YOU HAVE ANY QUESTIONS? I HAVE NO QUESTIONS. WILL THE YOU START ROLLING? IT WILL WILL. WE NEED ELECTRICIAN OR YOU HAVE AN ELECTRIC GATES. YEAH IT WILL BE AN ELECTRIC SLIDING GATES. OKAY, SO YOU'LL HAVE THE APPROPRIATE PERMITS FOR THE ELECTRICIAN. THE KNOCK BOX CARD READERS YOU HAVE KNOCK BOX OR FIRE DEPARTMENT. EVERYTHING THAT I SEE. OKAY, OKAY. BUT THAT'S ALL I HAVE. OKAY, AND, UH. THE I REVIEWED EVERYTHING. HERE IT LOOKS LOOKS FINE TO ME. THE ONLY ADDITION TO YOUR REQUEST IS THAT CONSTRUCTION BEGIN WITHIN THE NEXT 12 MONTHS. IS THAT SORT OF THE PLAN? OKAY, SO YOU'RE OKAY WITH THAT? OKAY? AH IF THERE ARE NO OTHER FURTHER QUESTIONS I'D LIKE TO UM, MOVE THAT WE GRANT THE APPEAL OF BRIAN SWEENEY, JH ARCHITECTS AND REPRESENTING MATTHEW CARVER HEALTHCARE LOGISTICS. AT 1850. GATEWAY CIRCLE. PARCEL NUMBER 040-00. 4147 FOR A VARIANCE DISSECTION 1137 POINT OF FIVE YARD OBSTRUCTIONS AND FENCES TO INSTALL A 6 FT. TALL DECORATIVE FENCE IN FRONT OF A THE 30 FT BUILDING FRONT SETBACK ENCROACHING THE SETBACK BY 16 FT , LEAVING A TOTAL OF FRONT SETBACK OF 14 FT TO HAVE A 2ND 2ND. MR BRYANT? YES, INGA ON. OKAY. THANK YOU. VARIANCES IS GRANTED AND THEN HOPEFULLY GET THAT UP THERE SOON. HELP YOU GUYS OUT. OKAY? YEP. THERE'S A.THE CITY COUNCIL CAN REVERSE THE DECISION OF OURS, WHICH IS PRETTY RARE OCCASIONS SO WE'D RECOMMEND THERE'S 21 DAY WAITING. PERIOD IF YOU START BEFORE AND IT'S YOUR OWN RISK, BUT I DON'T THINK YOU APOLOGIZE. OKAY OKAY. GREAT. OKAY, NOTIFIED. OF THAT 21 DAYS GOES BY. YEP BUILDING DEPARTMENT WILL BE SENDING YOU A LETTER JUST CONFIRMING WHAT HAPPENED TODAY AND GIVING YOU AN UPDATE ON THAT 21 DAY. YEAH YEAH, WELL, YES. AFTER 21 DAYS, YEAH. WHETHER IT BE A LITTLE WARMER, SEEKING POUR CONCRETE MIXER. OKAY YOU'RE QUITE WELCOME. THANK YOU. THANKS
[6. Hear the appeal of Gregory Baker, property owner at 4996 Snowy Creek Dr., (Parcel #040-012432), for a variance to Section 1137.05 Yard Obstructions and Fences; to install a 4' tall decorative fence in front of the 3C building front setback, on a corner lot along Shoreside Dr., encroaching the setback from 8' to 14' resulting in a front setback ranging from 22' to 16'.]
FOR ATTENDING. OKAY NEXT ITEM ON THE AGENDA IS THE APPEAL OF GREGORY BAKER, PROPERTY OWNER OF , UM FOR 996, A SNOWY CREEK DRIVE PARCEL NUMBER 040-01. 432 FOR A VARIANCE TO SECTION 11 37.0. YARD OBSTRUCTIONS AND FENCES TO INSTALL A 4 FT. TALL DECORATIVE FRANCE IN FRONT OF THE BUILDING FRONT SETBACK ON THE CORNER LOT ALONG. SURE SURE, SIDE DRIVE ENCROACHING THE SETBACK. FROM 8 FT TO 14 FT, RESULTING IN A FRONT SETBACK RANGING FROM 22 TO 16 FT. UM YOU JUST LIKE TO EXPLAIN THE REASON FOR YOUR APPEAL, PLEASE. IT'S THE GREG BAKER HERE OF THE SETBACK BASED ON THE SHAPE OF THE PROPERTY AND THE FENCING GOING STRAIGHT OFF THE HOUSE.CROSSES THE SETBACK. UM. THAT THE 48 INCH FENCES WE WANTED TO HIRE A FENCE DECORATIVE FENCES BECAUSE OF THE BREED OF DOG WE HAVE JUST PUT THE FENCE UP BECAUSE WE HAVE A DOG AND WE DON'T WANT HER RUNNING OUT TO GET PEOPLE OR PEOPLE. YOU KNOW. OTHER DOGS RUNNING IN, UM SHE IS A GOLDEN RETRIEVER, AND SHE'S KIND OF FEISTY, SO WE WANTED TO PUT JUST THE ALUMINUM FENCE IN SO THAT WE COULD SHE COULD STILL SEE HOW PEOPLE CAN SEE. AND WE WEREN'T YOU KNOW? CAUSING ANY ISSUE WITH OBSTRUCTION. BUT, UM, WHEN WE WENT TO SEE IF WE COULD PUT THE FENCE IN AND WE FOUND OUT THAT WE WERE TOO CLOSE. WE HAVE BIG, TALL TREES THAT WERE ALREADY UP IN A CEMENT PAD WHEN
[00:10:04]
WE BOUGHT THE HOUSE, RIGHT? AND SO THEY'RE ALREADY ENCROACHING IN ON THE PROPERTY ANYWAY. UNTIL THIS WE WANT TO AT LEAST PUT THE FENCE ON THE OUTSIDE OF THE TREATIES BECAUSE THE CEMENT PAD GOES RIGHT UP TO HIM, SO WE CAN'T PUT IT EVEN ALONG IN IN FRONT OF THE TREES TO NOT ENCROACH, SO WE DIDN'T HAVE MUCH CHOICE. WE WANTED TO AT LEAST GET THE TREASON, KEEP THE TREES AND THEN TO NOT MAKE THE FENCING LOOK. WEIRD YOU KNOW, WEIRD, ODD SHAPED BECAUSE, UM, TO NOT ENCROACH. THEN WE WOULD REALLY HAVE TO, LIKE, MAKE IT DIAGONAL, AND IT WOULD JUST NOT LOOK VERY ATTRACTIVE ON THE PROPERTY. MOST OF THE OTHER FENCES IN THE AREA OF THE ANODIZED BLACK ALUMINUM FENCES. IF THERE ARE ANY, THEY'RE THEY'RE DIFFERENT. IT'S ALL VARIABLE. THERE'S OUR NEIGHBOR NEXT TO US HAS A WOODEN UM, PRIVACY FENCE THAT WE WOULD BE GOING ALONG, BUT IT LOOKS LIKE WE TALKED TO THEM. THEY SAID THAT THEY DIDN'T KNOW THEY MIGHT TEAR IT DOWN. IT'S LOOKING LIKE IT'S GOING TO FALL DOWN. UM BUT THERE'S OTHER PEOPLE THAT HAVE ALUMINUM. THEN THERE'S SOME PEOPLE HAVE WOODEN PRIVACY, SO THEY'RE ALL DIFFERENT. MISS SCOTT, HAVE WE CONTACTED THE ADJACENT PROPERTY OWNERS? HAVE WE HAD ANY RESPONSES WE HAVE AND WE HAVE NOT HAD ANY RESPONSES, OKAY? MR HAN. DO YOU HAVE ANY QUESTIONS, SO IT'S PRETTY STRAIGHTFORWARD, OKAY? I JUST HAVE ONE AND THAT IS THIS IS A STRAIGHT FENCE ACROSS THE FRONT OF YOUR PROPERTY, SO THERE WON'T BE ANY BLOCKING OF VIEW ANYONE DRIVING OR ANYTHING. CORRECT THAT'S WHAT I THOUGHT WAS THE CASE, SO I APPRECIATE YOUR ANSWERING. THANK YOU AND I REVIEWED EVERYTHING AND I HAVE NO QUESTIONS. SO IF THERE ARE NO OTHER NO, THEY'RE QUESTIONS. UM. ONE OF THE THINGS IS IF WE GRANT YOU THE VARIANTS ARE YOU PREPARED TO DO THE INSTALLATION WITHIN THE FIRST WITHIN THE NEXT 12 MONTHS? YES YES. WE ALREADY HAVE A TIMELINE OF LIKE, HOPEFULLY, FEBRUARY WE KNEW WE HAD TO WAIT LIKE 21 DAYS. SO IT'S OUTSIDE OF THAT. I'M FREE. GREAT OKAY, LIKE TO MAKE A MOTION TO GRANT THE APPEAL OF GREGORY BAKER, PROPERTY OWNER. AT 49 AND 96 SNOWY CREEK DRIVE PARTIAL NUMBERS 04001. FOR A VARIANCE TO SECTION 11 37.05, THE ART OBSTRUCTIONS AND FENCES.TO INSTALL A 4 FT TALL, DECORATIVE FENCE IN FRONT OF THE 30 FT BUILDING FRONT SETBACK ON THE CORNER LOT ALONG THE SHORE SIDE DRIVE ENCROACHING THE SETBACK FROM 8 TO 14 FT, RESULTING IN A FRONT SETBACK RAGING FROM 22 TO 16 FT. I HAVE A SECOND I'LL SECOND THAT. MR BRYANT? YES KALINGA? YES, MR HAN. WRITE YOUR VARIANCE HAS BEEN GRANTED AS WE MENTIONED IN THE LAST SITUATION. THERE'S 21 DAY WAITING PERIOD WHERE THE UH CITY COUNCIL COULD REVERSE OUR DECISION, BUT THAT'S SORT OF PRAYER. SO WE SUGGEST YOU HOLD OFF 21 DAYS. THANK YOU FOR COMING. THANK YOU VERY MUCH. THE NEXT ITEM ON THE AGENDA, WHICH WAS TO HAVE BEEN THE APPEAL OF
[7. Hear the appeal of Rebecca Mott, Plank Law Firm LPA for 5824Quail Run Dr., (Parcel #040-009118), for the following variances. (Staff note: the applicant is appealing the Building Inspectors "Notice of Corrections" decision {Exhibit 2) in sequential order (see Exhibit A.) Staff has attempted to summarize each item as a variance appeal request for this agenda.)]
REBECCA MARCH AND PRANK LAW FIRM PLANK LAW FIRM L P A. FOR 5824 QUAIL RUN DRIVE, PARCEL 04000.FOR THE FOLLOWING VARIANCES, AND THERE WERE A LIST OF SIX DIFFERENT VARIANCES. THIS VARIANCE HAS BEEN POST ROUND TWO ARE FEBRUARY 26TH MEETING. IF I MAY, THOUGH, I'D LIKE TO ASK JUST TO QUESTION THEIR NUMBER OF ITEMS ON HERE THAT ARE NOT REALLY SUMMONING ISSUES. I WAS WONDERING IF YOU COULD, UH, ADVISE LAURA OF THE ONES THAT REALLY WE DON'T HAVE JURISDICTION OVER AND MAYBE HAVE THOSE REMOVED FROM THE AGENDA AND I THINK PART OF THE REASON FOR THE POSTPONEMENT IS TO GIVE US TIME TO FIGURE THAT OUT. WE ARE IN PROCESS OF THAT, AND I THINK WE'VE MADE MISS MY AWARE OF SOME OF THOSE AS WELL. SO BY THE TIME THIS COMES AROUND TO FEBRUARY, IF THEY'RE HERE AT ALL, WE'LL HAVE IT CLEANED UP FOR ALL OF US. WE HAVE THE JURISDICTION TO HANDLE. OKAY GREAT. THANK YOU. UM IS THERE ANY NEW BUSINESS? IF THERE'S NO NEW BUSINESS, AND I BELIEVE YOU WON'T BE ABLE TO ATTEND HERE NEXT MONTH. THAT SHOULD GO INTO THE RECORD. YES I WILL BE AVAILABLE. MR HON, WILL YOU BE AVAILABLE SHOULD BE AVAILABLE.
[00:15:04]
OKAY, GREAT, OKAY. MHM AND IF THERE ARE NO OTHER QUESTIONS, COMMENTS OR NEW BUSINESS I'D LIKE TO ADJOURN. THANK YOU. THANK YOU. THANK YOU, OKAY.