May
2023 meeting of the Bexley board
observing and planning border
Catherine called the role of the members
president Mr Battleship Forum here Mr
smart here Mr Levine here
here
I'm here as well thank you obviously
there we go
the minutes of the last meeting were
distributed and uh did everybody have a
chance to read them and get them
does anybody have any modifications
or suggested changes
if not I would certainly entertain a
motion to approve the minutes of the
main meeting
thank you I can't actually yeah so moved
thank you Mr second Marsh thank you Mr
Marsh
all in favor of approving the minute say
aye
all opposed
the motion carries and the minutes are
approved I abstain certain
I wasn't you were abstaining thank you
Mr Tron are abstained
um this is the opportunity for a public
comment if anybody wishes to comment on
the uh operation of the board of zoning
and planning uh now's your opportunity
to do so you cannot comment on a
particular case until that case is
called but if you wish to comment about
the general procedure and process you're
free to do so anybody here to do that
I see no indication of such
we'll go to Old business is there any
old business this month I didn't think
so
very good thank you new business
we can we have several cases the first
case is application
bzap-23-10 involving 2504 bexford place
the applicant is Yvonne riggy and the
owners are Matt and Lindsey Van Meter
who is here on that matter please come
forward
would you raise your right hand to be
sworn do you swear or affirm that the
testimony you give this evening to this
board will be the truth the whole truth
and nothing but the truth
thank you and your name
okay Yvonne thank you
the applicant in this case is seeking
approval from the bizap for variants
from Bexley city code section
1252.09 in the R6 zoning District which
requires an eight foot setback from the
side property line to allow an addition
to be two feet six inches from the West
Side property line but in the same
footprint as the attached Greenhouse the
applicant is also seeking approval of a
certificate of appropriateness to
replace the attached Greenhouse with
living space in the same footprint
all right
Kathy tell us the perspective of the
staff if you would please
in the house that enters the state as
well as your operator of the greenhouse
first examine requirement is 87 foot six
inch side yard setback for a lot that is
45 feet in width so it's slightly
smaller the greenhouse is currently
located two feet six inches off the West
Side property line so it was required by
the variance from Mexico section 12 to
2.09 to allow the addition to being
constructed in the same footprint as the
attached stream house
if the board finds it appropriate to
Grant a variance to allow the proposed
Edition the applicant has indicated that
the West sidewall on the Edition would
have a one-hour fire rating give you the
proximity to the side property line to
address the firing input as it does not
allowed for openings in a wall less than
three feet from a property
so windows can only be located on the
front and the rear of the condition and
why it is designed as proposed and just
to let the board know the distance from
that property line to the neighboring
property principal structure with 7.7
million so there's a total span of 10.29
feet between the proposed Edition and
the neighbors
the assistant principles
so seven feet from the neighbor's house
line to the neighbor's property line and
now there'd be an additional three feet
from the property line to the proposed
structure
two and a half so nine and a half
roughly or ten I guess you said 10. I'm
sorry 10.29 iron I heard the nine too
many times there my my mistake
Karen did your ARB folks look at this
they
um
approve this of the consent agenda item
recognizing that this is really more of
a zoning issue so if there's any word
approves this they're fine with the
architecture okay
all right
well miss Ricky tell us why it is that
we should
basically do away with the side yard set
back here
to get uh
you couldn't really figure it out
there
this is appropriate of this trying to
utilized
sun room Greenhouse space
um
it's really the one that I can do about
taking a huge addition off the back
space so essentially we're just asking
to improve what's currently there we're
not making it any worse one you know
they can stay in your house will start
the picture
maintaining the same exact setbacks that
referred from there
we asked the staff
how did the greenhouse get built there's
not the greenhouse and
ancillary structure or auxiliary
structure
you can find any information to indicate
if there was any stimulation
modified or continue
so there wasn't even a variance granted
in the first place probably
okay
but it could have been somebody just
said this is a greenhouse this is not a
house I'm going to build it I need it on
the side of the house and I put it there
it's certainly not the current owners to
put it there obviously so
well let me ask you have you talked to
the neighbor
and they're the ones affected by it the
most
hesitation
are there footings
under the greenhouse
so when you rebuild this are you
rebuilding all new foundations
experience using
something physically it looks okay the
players just to take all the slab okay
the foundation public we're going to
leave us before friends basically there
is the greenhouse accessible from the
house or is it only accessible from the
outside
okay
so the reality of it is
um that with the new construction and
with the I forget whether it was
required to have a one hour two hour
separation you're probably creating a
more of a safer condition than what
exists today in terms of the reduced
distance to the property line
so yeah
so from a fire rating perspective
let me make you another argument
if everybody in Bexley wanted to get
into their side yard which I think I
haven't met anybody yet that doesn't
want to almost to expand their house how
do we
how do we avoid the creation of a bad
precedent here
you don't have to answer that question
by the way if you don't want to
it's somewhat rhetorical I think
um
well I I think in this case in this case
it's already there you're not expanding
the footprint or anything you're just
your your approach is to use the
existing footprint and
frankly improve the appearance and make
it more usable to the residents of the
house
um
aluminum
well
is there anybody in the audience that is
for or against this uh application that
like to speak
that has standing I should add
thank you
uh I don't see any indication of such
members of the board any questions or
comments
you know the only thing I'd say is I
drive down back I live around the corner
from there I never knew that was on
there like I he would have shown me that
picture and said it was around the
corner from my house my drive when I was
one of the office down down Baxter twice
a day and I never ever noticed this
thing so now that I noticed that I think
it's kind of ugly it would look better
at something else so I think
and that's kind of what my opinion is
but I just I mean the way it's
landscaped with the tree or whatever
I've never even noticed it there so just
interesting
but I mean if somebody
came to you Kathy right now and said I
want to put a greenhouse here
what would you tell them
right
so somebody
like this in 1957 or something and or
whenever they did it and
and now we're saying well this is
terrible it could be a lot better if
they built into this space I mean
I've got I'm just telling my own
personal and I'm only one vote mind you
and you only need what we have so one
two six of us you only need four votes
so you don't need my vote but
I'm I'm a little reticent to say I'm I'm
gonna okay what was inappropriately done
and we're I'm gonna cut a side yard set
back down
I just think the side yard setbacks are
there for a reason they create distance
between the homes they're close enough
as it is
and we start letting people use side
yard setbacks and pretty soon everybody
wants to do a side yard setback and I
voted against every one of them that
I've had so far I know I'm the king of
of protecting the side yard setbacks
probably by now but that's how I feel
about them I think
the better way to get rid of the side
yard setback is go to city council where
you vote for those people we're
appointed people
and let them change the law to say you
can get in your side yard setback if you
want or the new side yard setback is one
inch if you want you know and then if
they change the law then I'm gonna have
to be forced to follow it but
but as it sits that's how I feel about
it but other people feel differently
than I do and maybe many times in the
past felt differently than I do so I'm
just telling you what my perspective is
any other questions or comments
I have a question Kathy now that this
greenhouse is on your radar
let's say hypothetically the vote is no
here that is do you do anything about it
well how how could it is his question
why wouldn't you cite them for it
I guess I'd have to do some research I
mean it's unfortunate that if the person
that built that structure is not the
current owner right
and they want to do some research to
find out again
this structure is the industry lasts
it's difficult to see when you're
looking for trees and yeah I guess my
question would be
I mean to me it's a room and it's just
because it's made out of glass it's
considered a green Greenhouse if that
was if it was a walled sided room
we would never go after them I mean
there's so many of those there's so many
structures in the city that are already
in a setback that were never previously
they're non-conforming I mean
captain could be employed for the next
10 years going around getting all those
so so if to me if this was actually a
silent structure you know like an actual
little office or whatever that wouldn't
even be we wouldn't even talk about
going after them for a violation or or
non-conforming but
um so that that's that's my opinion of
it I don't I don't think we could I
again I'm just one person but I don't I
don't think we would go after him
because it's just
an existing structure that's
non-conforming so
and most people don't realize
yeah
existing house well it might be
expanding enough
right
um the fact that we have a letter from
the neighbor who's really the only party
infected by this saying they support it
and don't object is that ameliorate your
concern
not really
it ameliorates it that's a good word of
course it
diminishes my concern
but my concern is more about precedent
setting issues and wanting to maintain
the Integrity of these side yard
setbacks
you know if you've got a I know we're
going to have one later where it's a
it's a rear yard setback and the setback
is 25 and this is only 22 or if I can't
remember the exact numbers right the
rear yard is is your backyard if you
want to use three feet of it and there's
a good reason for it I'm okay with a
backyard setback variance in that
situation but I feel like the side yard
setbacks are
really a
privacy
property value issue
and I say that slash a privacy issue and
a property value issue and I think that
the
handing them out ought to be like
pulling your molar out as opposed to
handing candy at it Halloween
I mean I think there should be a
Dagon good reason
to issue a side yard setback variants
yeah I guess I just look at it as if
this again if this wasn't made out of
glass and it was there and it was an
addition that was existing and falling
down and they wanted to come and replace
it or redo it in the same footprint that
it's in I don't think I would I would
not have any problem with that because
they're just replacing what's there even
though it's not conforming but yeah and
I I agree with that I think looking at
it as a non-conforming structure
we don't know when it was built who
built it or anything about it it's there
it's been there
and if you're not expand if you're
expanding the footprint on it I think I
would have a little more heartburn over
myself giving back that it's going in
and in its exact same size
um and it's actually an architectural
Improvement to the house to be frank
with you I think that that helps me get
over the hurdle if they were coming here
and wanted to take this and go all the
way down the side of the house I think
I'd be time out it's tell me what the
hardship is
when I I think to the fact that they've
oriented the windows to the front yeah
going back to your privacy comment this
will provide more privacy to the
neighbor because it's not all glass and
I like the firewall so I I think it's a
good solution for an existing situation
cool I respect your various opinions
well
do you have anything to add uh that
you'd like to add to the
factual
picture here if not uh I think we could
have findings of fact conclusions of law
anybody have any additional comments or
questions I mean it speaks for itself
here it is what it is so
nice and
um
[Music]
to allow an addition to replace the
existing greenhouse on the west side of
the peaceful structure shall be granted
as soon as
all right
is that reading comport with your
application and your request thank you
to do I hear a motion to approve the
findings of fact conclusions of law
please so moved Marsh Mr Marsh
second Mr chick thank you Mr Shea
Kathy call the roll please
yes
Mr Hall yes
divine yes
Mr Sharon yes
yes
I vote no but the application is granted
and distributed Brokenness is granted as
well good luck with your project
all right the next case is case
bzap-23-11 involving 2444 Bexley Park
Valerie Hollis is the applicant and
Casey King is the owner
it's ours would you raise your right
hand please
do you swear or affirm the testimony
you're going to give this evening will
be the truth the whole truth and nothing
but the truth
thank you very much
the applicant is seeking an approval
from vzap for Architectural Review and
approval of a Distributive
appropriateness for an attached garage
with a second floor above which will
replace the existing attached garage
with the second floor Edition
I'm not sure I read that right and a new
front copper awning the applicant is
also seeking a four foot four foot five
and a half inch variants from Bexley
city code section
1252.09 R6 running to allow new attached
garage with a second floor to be located
20 feet six and a half inches from the
rear property line to replace the
attached garage I have commented on your
case just now didn't I
anyway uh
Kathy tell us the staff's uh take on
this application please
set back in the west side of property
line structures and it includes attached
garages the existing attached garage is
one story
and of course
I was attached garage literally exciting
floors to be located 10 feet from the
West Side probably one
and then 20 feet six and a half inches
from the rear parking lot which would
approach four feet six and a half inches
into that three wearing something
existing driveway which is 1001 square
feet of car speed as an operative exit
at the corner of the lot where the alley
intersects with the South capacity
they plan to remove the driveway and add
798 square of a participating between
the alley garage and feet
in this application was first received
there was much more Hardscape composed
along the outside of the property and
after sleeping with The Gap and she
agreed to hold her Escape back and it's
still a reduction overall in its own now
good time to be accessible
there's also one three
um regarding and the changes will reduce
the heart escape and remove some cities
along we have to create more yard space
the overall massing infrastructure is
increased but it is all the way from the
best neighboring property in the air
being one of the Care and Share the
design of the teeth which encourage the
applicant to table the application but
they ought to be continued on those
seven review if the board finds it
appropriate Center Avenue and each they
may want to remand one design and bring
it back to the architecture of the
keyboard however I'll have cameras even
changes that have taken place since that
week
um these are these these plans that I've
pulled up are actually the new the
newest version
um and I I just had a chance to look at
them because they just came in on
Tuesday but to me it looks like Valerie
has done
um everything that the board asked them
ask her to do the garage was a little
bit
um High The Ridge High the ridge was
almost equal to the primary structure so
the board asked her to simplify the
detailing including coins which are on
the back and just to let that be the
front and more formal part of the house
and bring the Ridgeline down
um there were kind of a list of things
enough that the board asked that
um they approve the or recommend to come
here to make sure she could get the
variance but then remand it back to ARB
for final design review but it does look
to me like
with a short review here that all the
things that the board has asked and
addressed
okay so does does that mean that in your
opinion it's not if if it passes it does
not need to go back to ARB or no I think
it should okay I think it would be a bad
precedent to not send something back
that they asked to be back I just wanted
to compliment Valerian that she is it
looks to me like she is following the
direction of the board
um it it would likely
be a consent agenda item next month and
she won't even really have to physically
come you don't have to beg yeah but I
think it's you know it's important for
this board to respect I I agree with
that 100 yeah
all right uh is there anybody in the
audience that is Pro or con this case I
don't see any indication so Allie tell
us a little bit about why you decided to
do this the way that you're now
suggesting it be done
yeah
all of the project was adding a
functional barrage currently that I
arrived from where the phase of the
garage too low of going to be part of
their cars really
um
since their uh their mother is living
with them so he's now open bird
and this needs a space of Refuge so
um
consent agenda
I think we've done a good job you know
even grabbing more of a setback to the
side of yard and also giving them a yard
right now in the 30th or yards concrete
driveway
so they really don't have any
accessible playing
um so by doing this they'll really
increase
the size of their side yard
while giving
more parking spaces since they do have
more drivers
members of the board any questions or
comments
uh Mr chairman I walk by this property
um every single day and I've always
found the permeable surface there to be
you know a bit of an eyesore and so when
I saw Valerie sign up front and then
this on a consent agenda I knew that
something interesting was going to
happen I like the design I think it's
going to bring it in better Conformity
because these um these long driveways
um they're almost like trying to pretend
that they're in North Bexley they just
don't belong right on those Corner Lots
especially the corner ones
thank you
Mr Shank
any other questions or comments one
question is the living space above the
garage
separated from the accesses through the
garage and not through the house
before
because but in the future we've decided
so then you put that with us here from
the second floor to the second floor
Edition currently that's a closet so we
designed it with a 45
but the main access part will be on the
first floor up the stairs to that second
Portage
I have a question is the tree and
Landscape folks have to approve this too
so some trees are coming down the trees
are coming down up on the Alley so that
you can have alley entrance is that what
I understand okay
yeah it is
that's an understatement right
I don't think we would typically take it
to trampol Garden unless in the process
we realize that street trees they were
in the cities right away
I mean there it's a private we are
gaining so much Green Space by this
project
what else
sure
we tend not to take
additions and Renovations just new
builds and anything that goes into the
city right away I mean I'm fine if we
just ask staff to look at the landscape
plan
sure I think that's sensible
are you okay with that okay
all right
and you're okay going back to ARB you
understand because you you've already
made some uh tweaks here and there I I
take it okay
very good uh
can't think we have the findings of fact
and conclusions of law
consideration of the application for
post variance and items
to support or
advisor to be granted very very
expensive discussion 12 2016 results
[Music]
and
page 26 2023
selling board meeting
to the final design Global and
certificate of the properties should
return to the ARG or final vertical
being established landscape
okay that was a mouthful
Cameron quick question in the in the
agenda you have a note on there about
the copper
roof on the front is there any kind of
variance or anything needed for that I
don't know why I'm just questioning why
that's in
as a Visa yeah that's just great here
okay all right I just want to make sure
it wasn't something we needed to cover
okay I just want to make sure that it
wasn't something we had to have
yeah
by the way it does
yeah nice project
um do I hear a motion to approve the
findings and conclusions of law please
thank you Mr Turner second Marsh from
Marsh
Kathy please call the roll
yes
sure yes yes
I also vote Yes the the variance granted
and the distributed appropriateness
granted
uh and it's remanded to the ARB for
their review thank you very much very
nice project nicely done
all right the next case
for the board is case bzap
23-13 involving 505 North Stanberry and
Mr Gary Alexander is the applicant and
the owners of the property of Jonathan
and e-line Brandt did I say that first
name correctly
Helene it's an unusual first name
all right Mr Alexander would you raise
your right hand do you swear or affirm
that the testimony you're about to give
the board this evening will be the truth
the whole truth and nothing but the
truth I do thank you very much
all right the applicant is seeking
approval from the board of zoning and
planning for
uh review and approval of distributed
appropriateness and a variance for an
addition to the front of the house
addition to the rear and a new front
porch
Kathy
existing house at 505 I understand Berry
is 40.5 feet from the front of the Union
making it not good morning and that it
encroaches
1.27 rupees
petition at the front of the house does
not encourage and you've heard in the
existing structure that landfills the
North End of the front side
recommended that a certificate of
earlier
you need that subject to a various
review and you get a granted the designs
to be positioned those conditions are
already shared with the
obtained
you you said it all that's perfect
um yeah this was recommended positively
well there's line positive recommended
for approval
um here with the um
architecture being fine with a few weeks
to some molding details that they wanted
all right
Mr Alexander what else why you chose to
do this in the way you have
it's like the door's falling off
something happens I'm not sure what
happened
I think we can we can proceed sure
um have the Architects back there take a
look at it you know
well we are not proposing to extend any
further into the setback than that front
face of the house currently does so the
goal is to Simply maintain the distance
that's there with the addition on the
right so we just want to hear that on
the right side so when you're on the
porch those walls align also the way the
roof is framed will be framed it makes
it a lot easier to put the plane of the
roof for this Edition in the plane the
same plane of the roof as the existing
when we line those walls up so
um it would not be creating a press in
the neighborhood since the house is
already at that point the porch doesn't
require variance so it's not going to be
really noticeable considering the
portion and the back we're addition to
back doesn't require any kind of
variance either we're replacing an
aluminum
aluminum sunroom in the back with the
addition to making a flow space so
it's interesting but the most logical
way yeah
things pretty logical
been both front and back to me but
all right is there anybody in the
audience that's four against this
application wishes to speak that has
standing to do so
I see no indication
members of the board any questions or
comments
we're we're
not the Architectural Review Board
already approved this so we don't we
don't need to do any further work in
that regard
anybody have any thoughts
questions
so it's pretty straightforward to me
Kathy how about findings the fact and
conclusions of law please
I think that's perfectly fine in this
case especially
the decision of the board for
applications
from consideration of the application of
those variants and evidence essentially
reported the board finds the applicant
has proven that the criteria between
period of variance in this success
in 1252.09
to allow additions to the front
which also puts an important words
Edition and also addition to the rear
shall be granted that's submitted
the board for Their fines based on the
recommendation from the architecture
board got a certificate yeah
should also be granted
as submitted perfect
Mr Alexander that okay
you want to hear a motion to approve the
findings the fact and conclusions of law
please so moved Marsh
Schick I think he beat you by one tenth
of a second you're gonna have to second
second
um
would you call the roll please Ms Rose
yes
about yes
yes
I vote Yes also good project interesting
project thank you for good work thank
you all
Mr chairman I'm gonna have to recuse
myself in the next one oh okay
thank you sir
so just for
uh
purposes of uh discussion here
the requirement is still going to be
four votes just because
well I guess it's three out of five
isn't it it's three out of three out of
five yeah so three out of five votes uh
the next case is uh case number
bzap-23-12 involving 88 South Parkview
the applicant is Pat Ryan the owner is
Tracy Ediger and the request if you come
forward sir the applicant is Seeking a
special permit to allow six foot fence
along the Powell Avenue side Yard East
of the driveway
Bexley city code section 1264.03b
uh says no offense wall or combination
of the thereof shall exceed 48 inches in
height in this side yard setback area as
it faces a public or private Street
all right sir your name please
Mr McCoy do you swear or affirm the
testimony you're going to give this
evening will be the truth the whole
truth and nothing but the truth thank
you very much
Kathy tell us what where and why
on
Parkview please
foreign
fences or walls exceeding
48 inches in height as measured from
average grade maybe a lot of them with a
special limit from the board
that you consider the volume criteria
and within these applications
foreign
they would like to place a 72 inch opens
along the side property line comparable
about for a distance of 68 feet
the property line is approximately to be
behind the sidewalk
there's a row of trees along the east
side yard that then Spears will be in
the center of the road with through
stabbing both sides of the fence that
was concerned if the existing landscape
is adequate defense would not change the
visibility
visibility which the number of existing
trees and stress there is an existing
Fence located along cow just east of
this property which had a variance on a
vial from 1988 then it was recently
replaced but I did not run against the
medicines
this came into question when this
patient was filed as to why that fence
would be that way or through itself
should the board of granite variance for
the new plans staff would recommend that
they need to be appointed submitted for
review and approval by The Elaine state
within substance
remain defer to the treatment commission
however
the applicant has proposed additional
relief
in Poland the France row of the existing
trees along pal
also the original offense was opposed to
solid but now they've modified it as
shown so it does meet the criteria as
far as the open space above
okay
you don't have anything to say about
this one do you Ms Booker okay I would
only have been concerned if it was
all the way up but they put the 18 inch
um lattice
okay
I don't see anybody left to comment on
this that has standing I don't think uh
but uh uh if that's the case you
certainly might be able to argue
standing you know but this is not the
Supreme Court of the United States
Senator
not yet yeah
um Mr McCoy tell us uh why we should
uh approve this application especially
for 68 feet alert along the city
sidewalk
thank you Kathy
um so uh
Philip Harris and Tracy they actually uh
got a little ambitious and got a dog and
didn't think about getting a fence so
they have a two-month-old puppy at home
and it is stuck with just on a leash in
that massive backyard
um so they wanted to try to get the
fence in order to let the dog roam free
and
um enjoy the backyard so we were
proposing on uh putting a six foot tall
fence to uh get some privacy into from
Powell
um
on the backyard even though we are
playing our uh we are
building right in between the offset
hemlocks that currently exist
um we were trying to make the fence as
inconspicuous as possible so
um I would say just as the hemlocks
exist it's already going to be a pretty
well hidden fence
um and there are existing hydrangea that
we would transplant and if we need more
than we would we would get more in there
as well
um to help kind of fill those voids uh
in between each of those hemlocks uh on
the offset of the hemlocks I would say
they are at a diagonal about
three to four feet yeah and between the
hemlocks
um and then so then we would have enough
clearance to be able to go through them
and then uh there's also a bottle brush
Buckeye that we will we will move around
as well help screen in between the voids
of the hemlocks
a bottle brush Buckeye
that's the new one on me
large scrub it actually can get all the
way eight to ten feet tall and wide
all right learn something new every day
my dad used to tell me
um
members of the panel any questions or
comments about this
request and of course
it's con it's got some conditions
associated with it and that is the top
I I used to question why it's a double
wide gate I mean just
um just so we we Service uh this
property for mowing so then we would be
able to get in and out of that gate
there okay right off the driveway thank
you
selfish you're thinking selfishly yeah
I want to keep Ryan happy you know yeah
I understand
any other comments or questions if not
Kathy
please
variance
special permit right
importance that says 12 64.3
at the net
and it should be he ran into allow a six
foot fence along the Powell Avenue side
of the society
with the lattice as a condition
okay
yeah but Gladys said additional
landscape okay
thank you
all right is that uh meet your approval
yes okay thank you members of the uh
board do I have a motion to approve the
findings of fat and conclusions along
I'll make a motion Turner Mr Turner
thank you second I second second Mr Hall
thank you sir
Kathy call the roll
yes
I vote Yes also the decision is positive
on your application and the uh
uh project looks good
should build defense first and buy a
puppy second probably
you're welcome thank you
all right is there any other business
before the board from the staff's
perspective
any other member have any additional
business
if not
I'll accept a motion to adjourn
without vote
meaning is adjourned
what happened to that door back there it
just fell off its hinge
thank you sir
yeah
he didn't respond you said it's on your
back page
ants