[00:00:01]
          IN. SURE. WE'LL DO THEM AFTER THAT. WE'LL DO THEM BETWEEN 2 AND 3. OKAY. OKAY. THE BOARD OF 
          [1) Call to order and roll call. ]
ZONING APPEALS IS NOW IN SESSION. WE'LL BEGIN BY HAVING THE ROLL CALL. MR. BRANDT HERE, CHAIR HELLINGA. MR. HAHN HERE. OKAY. THE SECOND ITEM OF BUSINESS. WE ALWAYS OPEN BY HAVING A MOMENT OF SILENCE, WHICH IS FOLLOWED BY THE PLEDGE OF ALLEGIANCE. SO WE'LL STAND. 
          USUALLY THE MOMENT OF SILENCE IS ABOUT A MINUTE LONG. OKAY. WE'LL BEGIN THE PLEDGE OF ALLEGIANCE. I 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. OKAY. THE NEXT ITEM, WELL, REALLY IS AN ITEM. WE WILL HAVE THE SECRETARY, LAURA SCOTT, SWEAR IN THOSE OF YOU WHO WISH TO TESTIFY. SO IF YOU'LL STAND THE ONES WHO WISH TO TESTIFY AND RAISE YOUR RIGHT HAND AND THEN SHOW. YOU SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH. AND. OKAY, THEN WE'LL PROCEED WITH THE FIRST ORDER OF BUSINESS. 
          [3) Approve the minutes from the August 25 meeting.]
AND. OH, NO, I'M SORRY. THE NEXT IS THE APPROVAL OF THE MINUTES I MOVE THAT WE APPROVE THE MINUTES OF THE AUGUST 25TH MEETING. WELL, SECOND. MR. BRANDT. YES, MR. HAHN? YES, 
          [4) Hear the appeal of Abigail Skoda, property owner for 3530 Whirla Way (Parcel #040-017753), for a variance to Section 1135.10–I: To encroach the 25’ rear setback by approximately 9’ with a deck, for a total rear yard setback of approximately 17’.]
CHAIR. THE MOTION CARRIES. THE MINUTES ARE APPROVED. THE NEXT ITEM THEY HAVE THEN IS OUR FIRST ITEM OF BUSINESS. AND THAT'S THE HEAR THE APPEAL OF ABIGAIL SOKA, PROPERTY OWNER FOR 3530 WORLA DRIVEWAY PARCEL NUMBER 040017753 FOR A VARIANCE TO SECTION 1130 5.10 DASH ONE TO ENCROACH THE 25 REAR SETBACK BY APPROXIMATELY NINE FEET WITH A DECK FOR A TOTAL REAR YARD SETBACK OF APPROXIMATELY 17FT. OKAY, WHO WOULD LIKE TO TESTIFY FOR THAT? IF YOU COME UP TO THE MICROPHONE, STATE YOUR NAME AND THEN JUST GIVE US YOUR STATEMENT. MY NAME IS ABIGAIL SKODA. MY STATEMENT IS THAT WE RECENTLY PURCHASED THE NEW BUILD FROM SCHOTTENSTEIN CENTER OVER IN HUDSON RUN, AND WE REALLY ENJOY THE HOME. WE WOULD LIKE TO BUILD A DECK AND A PATIO OFF THE BACK. HOWEVER, THE 35 FOOT NO BUILD ZONE IS NOT ALLOWING THAT OR NOT ALLOWING ENOUGH SPACE BECAUSE IT'S ALMOST THE WHOLE BACKYARD. SO WE WOULD LIKE TO GET AN APPEAL OR A VARIANCE APPROVED SO THAT WE COULD BUILD A BEAUTIFUL NEW DECK. OKAY, TONY, DO YOU HAVE ANY QUESTIONS? NO. AT FIRST I, I WAS WHEN I WENT BY THE PROPERTY BECAUSE YOUR BACKYARD GOES INTO YOUR SIDE NEIGHBOR. AND I BELIEVE WE MAY HAVE RECEIVED A LETTER, BUT MY FIRST I WAS THINKING, WOW, THAT'S GOING TO BE BIG UNTIL I SEE THE WAY THAT YOUR LOT SITS AND HOW IT LOOKS, I THINK IT COULD BE OKAY. YEAH. SO DOES FACE THE SIDE OF THEIR HOUSE? YEAH, SIDE OF THEIR HOUSE. IT'S THEIR GARAGE, RIGHT. IT WOULDN'T EVEN AP LIKE IMPACT THEIR THEIR LIFE AT ALL CORRECT. YEAH. YEAH. AND WE'RE VERY GOOD FRIENDS WITH THEM. THEY WROTE THE LETTER AND DEBBIE AND MARK ARE IN FULL SUPPORT OF THE BUILD AS WELL AS THE NEIGHBOR ACROSS THE STREET FROM DEBBIE AND MARK TO OUR SIDE, AS WELL AS ACROSS THE STREET FROM US, WHICH IS AWESOME. AND STEVEN, OKAY. YEAH, I THINK WE RECEIVED A LETTER FROM YOUR NEIGHBOR LOCKHART. THAT'S DEBBIE AND MARK. YEAH, RIGHT. THAT'S THE HOUSE RIGHT BESIDE YOU. CORRECT. 
          OKAY. YEAH. I'D LIKE TO HAVE THAT LETTER ENTERED AS AN EXHIBIT INTO THE RECORD, PLEASE. 
          YES, SIR. IS SOMEONE SAID THAT THE LOCKHART'S MIGHT BE HERE, ONE OF THEM. OKAY. THEY'RE THEY'RE TRYING TO GET TO COSTA RICA. THEY'RE HAVING A LITTLE. OKAY. THEY DON'T NEED TO HEAR THE LETTERS. ENOUGH. YEAH, THEY'RE IN FAVORABLE TO WHAT'S BEING DONE. IS THERE ANYONE ELSE WHO WOULD LIKE TO TESTIFY ON THIS? OKAY, IF NOT, THEN I'LL MAKE A MOTION TO APPROVE. 
          [00:05:06]
MOVE TO GRANT THE APPEAL OF ABIGAIL SOKA OF 3530 WORLA WAY, WHICH IS PARCEL NUMBER 040. 
          HYPHEN 017753. FOR A VARIANCE TO SECTION 1130 5.1-1 TO ENCROACH THE 25 FOOT REAR SETBACK BY APPROXIMATELY NINE FEET WITH A DECK FOR A TOTAL REAR YARD SETBACK OF APPROXIMATELY 17FT, WITH THE CONDITION THAT CONSTRUCTION IS TO BEGIN WITHIN 12 MONTHS. DO I HAVE A SECOND? I'LL SECOND. OKAY. IT'S BEEN MOVED AND SECONDED. CAN WE HAVE THE VOTE, PLEASE, MR. BRANDT? YES, MR. HORN? YES. OKAY. THE MOTION CARRIES, AND AS THE CONDITION REQUIRES YOU TO START WITHIN 12 MONTHS. NOW, THE OTHER THING IS, YOU SHOULD NOT REALLY BEGIN WITHIN THE NEXT 21 DAYS BECAUSE COUNCIL, IF SOMEONE WANTS TO GO TO A COUNCIL AND APPEAL IT, THEY CAN HAVE IT REVERSED. WHAT WE'VE DONE. BUT THAT IS ONLY HAPPENED ONCE OR TWICE, AND I'VE SERVED IN THIS CAPACITY FOR MORE THAN 12 YEARS, SO IT'S NOT VERY LIKELY TO HAPPEN. OKAY, OKAY, WELL YOU MAY LEAVE IF YOU WISH, OR YOU CAN STAY FOR THE REMAINDER OF THE MEETING. OKAY. 
          [5) Hear the appeal of Tori Moore, Superior Fence and Rail, representing the property owners Kevin and Ivette McDaniel at 4893 Tayport Ave. (Parcel #040-011158), for a variance to Section 1135.14-III: To encroach the 30’ front building setback on Sunny Rock Ln. by 3’, with a 4’ tall fence, for a total setback of 27’.]
THANK YOU GUYS. THANK YOU. OKAY. THE NEXT ITEM WE HAVE IS TO HEAR THE APPEAL OF TORI MOORE, SUPERIOR FENCE AND RAIL, REPRESENTING THE PROPERTY OWNERS, KEVIN AND YVETTE MCDANIEL, AT 4893 K PORT AVENUE. PARCEL NUMBER 040. HYPHEN 011158. FOR A VARIANCE TO SECTION 1135 .14 HYPHEN 111 OR IS THAT II? IT'S II OKAY TO ENCROACH THE 30 FOOT FRONT BUILDING SETBACK ON SUNNY ROCK LANE BY THREE FEET WITH A FOUR FOOT TALL FENCE FOR A TOTAL SETBACK OF 27FT. DO I HAVE A SECOND? I JUST READ, I THOUGHT, OH NO. YEAH, NOT THE MOTION. 
          YOU'RE JUST SORRY. THAT'S MY PROBLEM. MY FAULT. SO. SO THEY WANT TO SPEAK. OKAY. WE'LL LET YOU MAKE THE STATEMENT. WOULD YOU IDENTIFY YOURSELF FOR US AND. YEP. MY NAME IS ANDREW WILSEY, OWNER OF SUPERIOR FENCE AND RAIL, REPRESENTING THE MCDANIELS. SO YOU KNOW THE APPEAL HERE, ESPECIALLY IF WE LOOK AT THE SIDE PROPERTY. YOU KNOW GIVEN THE EXISTING YOU KNOW PLANNING AND FOLIAGE. YOU KNOW THE LITTLE OFFSET THAT WE HAVE ENCROACHING YOU KNOW DOES NOT IMPEDE OR BECOME A SAFETY HAZARD. YOU KNOW IN THAT AREA GIVEN THE HEIGHT OF THE FENCE AS WELL AS, YOU KNOW, THE, YOU KNOW, IF YOU WERE TO DRAW YOUR YOUR SAFETY VISION TRIANGLE, YOU KNOW, FOR YOU KNOW, THE CORNER AS WELL DOES NOT LOSE OR ENCROACH ON, YOU KNOW, ANYTHING IN THAT AREA THAT WOULD, YOU KNOW, LEAD TO, YOU KNOW, SAFETY ISSUES OR ABILITY TO ACCESS THOSE UTILITIES OR PUBLIC RIGHT OF WAYS IN THAT AREA. OKAY. IT'S OUR UNDERSTANDING THAT THIS HAS ALREADY BEEN DONE, THAT THERE WAS A PROBLEM WITH DETERMINING WHERE THE PROPER SETBACK WAS. AND I GUESS OUR INSPECTOR IDENTIFIED THAT IT HAD BEEN BUILT ROUGHLY THREE FEET FROM WHERE IT SHOULD HAVE BEEN, CORRECT? YEP. OKAY. TONY, DO YOU HAVE ANY QUESTIONS? NO, ACTUALLY, I WAS GOING TO BRING THAT UP. LOOKS LIKE THE LAST REPORT WAS SEPTEMBER OF LAST YEAR WHEN WHEN SOMETHING HAPPENED AT THAT POINT. YEAH, YEAH. COMING TO THE HOUSE AND LOOKING AT IT I MEAN IT LOOKS IT LOOKS RIGHT. IT LOOKS LIKE IT FITS IN GOOD WITH YOUR PROPERTY. WELL, THANK YOU VERY MUCH. I DON'T KNOW WHAT HAPPENED BACK THEN AND WE DON'T NEED TO GET INTO THAT. OH EXCELLENT. EXCELLENT. BUT I'M JUST WAS PUTTING IT ON THE RECORD THERE. YEAH. I JUST WANTED IT TO BE IN THE RECORD BECAUSE WE WILL NOT BE PUTTING ANY CONDITION ON ABOUT YOUR NEEDING TO DO THE BUILDING WITHIN 12 MONTHS OR ANYTHING BECAUSE YOU'VE ALREADY DONE IT. OKAY. THANK YOU. I'M OKAY. OKAY. IF YOU'D LIKE TO SAY SOMETHING JUST TO SAY THAT THIS IS ALL BEEN APPROVED WITH THE HOA AS WELL, EVEN WITH THE VARIANCE HAS BEEN APPROVED THROUGH THE HOA AS WELL TOO. OKAY. AND I HAVE THE PAPERWORK FOR THAT AS WELL. WELL, WE DON'T NEED TO SEE THAT. THAT'S A PRIVATE ORGANIZATION AND WE REALLY. 
          IT'S NICE TO KNOW THAT THEY APPROVED IT, BUT WE REALLY DON'T HAVE ANY JURISDICTION 
          [00:10:04]
OVER WHAT THEY DO OR DON'T DO. PARDON ME, JUST FOR THE RECORD, WOULD YOU MIND IDENTIFYING YOURSELF? KEVIN MCDANIEL, THE OWNER OF 48, 93. THANK YOU VERY MUCH. OKAY. I HAVE ONE QUESTION BEFORE I MAKE THE MOTION. SHOULD I DO THIS IN THE NAME OF TORY MOORE, SINCE HE'S THE ONE THAT ACTUALLY FILED FOR THE APPEAL, OR SHOULD I DO IT IN MR. MCDANIEL AND HIS WIFE'S NAME? PROBABLY IN THE LATTER. I WOULD THINK THAT'S WHAT I FELT, BUT I JUST WANTED TO MAKE CERTAIN FROM YOUR REPORT, OKAY, I MOVE TO GRANT THE APPEAL OF KEVIN AND YVETTE MCDANIEL AT 4893 TAYPORT AVENUE, PARCEL NUMBER 040. HYPHEN 011158. FOR A VARIANCE OF SECTION 1135 POINT 14I, I, I TO ENCROACH THE 30 FOOT FRONT BUILDING SETBACK ON SUNNY ROCK LANE BY THREE FEET WITH A FOUR FOOT TALL FENCE FOR A TOTAL SETBACK OF 27FT. CAN I JUST ASK ONE QUESTION? I JUST THOUGHT OF IT TO YEAH, GO AHEAD, MR. RUSSO. THE BUILDING DEPARTMENT, DO THEY NEED TO STILL GO OUT AND DO ONE FINAL INSPECTION? SO IT WOULD BE ON RECORD THAT THE BUILDING DEPARTMENT, THAT IT WAS PASSED AND APPROVED, SINCE THIS IS I GUESS I'LL LOOK INTO IT, BUT I BELIEVE THAT IT'S ALREADY BEEN LOOKED AT AND DETERMINED THAT THAT'S WHERE IT IS. SO OKAY. PROBABLY NOT OKAY. OKAY. SECONDED. YES. I'LL SECOND JUST TO CLARIFY FOR THE RECORD, IS YOUR MOTION TO APPROVE THE THE APPLICANT'S APPLICATION ON BEHALF OF THE MCDANIELS? WELL, I CAN DO IT THAT WAY. IF IT NEEDS TO BE, I'LL, I'LL STAND TO HAVE IT AMENDED TO SHOW THAT IT'S BEING DONE ON BEHALF OF TONY MOORE ON BEHALF. THANK YOU. MCDANIELS. 
          OKAY. SO SO THE MOTION'S BEEN MADE. IT'S BEEN SECONDED. MAY WE HAVE A ROLL CALL, MR. BRANDT? YES, MR. HORN? YES. OKAY. IT'S BEEN GRANTED. AND YOU DON'T HAVE TO WAIT 21 DAYS OR ANYTHING BECAUSE IT'S ALREADY BEEN DONE. SO I WOULD ASSUME YOU CAN JUST HAVE THEM COME OUT AND MAKE THE INSPECTION WHEN YOU WISH. OKAY. DO WE DO WE DO YOU GUYS CALL US TO DO THAT OR ARE YOU GUYS JUST MAKE THE INSPECTION? WELL, YOU YOU CAN CALL. OKAY THEN. LAURA AS THE ZONING INSPECTOR. AND THEN SHE CAN SEE THAT THE INSPECTOR THAT'S GOING TO MAKE THE INSPECTION COMES OUT. OKAY. THANK YOU. YEAH. THANK YOU GUYS. THANK YOU. APPRECIATE IT. OKAY. 
          THANK YOU. YEAH. THANK YOU FOR COMING. DO WE HAVE ANY NEW BUSINESS? NO, SIR. WE HAVE ONE APPLICATION FOR THE OCTOBER MEETING, THOUGH. OKAY. THAT'S GOING TO BE ON THE 27TH. OKAY? OKAY. DOES ANYONE ELSE ON STAFF? MIKE, DO YOU HAVE ANYTHING OR NOTHING? THANK YOU. OKAY. WELL, THEN I'LL ADJOURN THE MEETING. THANK YOU FOR COMING.
* This transcript was compiled from uncorrected Closed Captioning.