uh
yeah
see this is may isn't it may let's get
the money
the may
2022 meeting of the bexley board of
zoning and planning
uh
and uh if you don't mind kathy would you
take a role
of the president members please
mr turner here miss mitchell here mr
schick mr levine
and we welcome mr keith hall to the bee
zap who was previously an arb member
here
and chairman b hall
here as well we're going to have to be
careful that you can miss
oh i'm sorry mr marsh
mr marsh is also here
we certainly want to move the order
around yeah
you put
march between hall and b hall otherwise
we're gonna get mixed up
mr hall welcome
welcome back i guess huh
thursday
all right okay
for taking the second right exactly
well we certainly appreciate your
willingness to serve and your uh
your service so thank you
all right we have an opportunity um
for the public to comment on the general
business of the bzap
without talking about any particular
case
uh and so if there's anybody here that
wishes to make such a comment please uh
raise your hand let me know
i see no indication of such
the weather probably kept anybody that
was going to comment away
so we will dispense with that
and then we have approval of minutes
uh the february 22 minutes are the first
ones that are in our uh sites here
and we have delayed approval because of
the fact that we didn't have members
present that were at that meeting to
uh accurately uh
uh reflect
whether the minutes were
accurate and complete or not so
we i think we do have everybody here
tonight and so i'm going to ask that in
those minutes have been around and
available for quite some time
does anybody have any additions or
subtractions or modifications to the
february be zapp meeting minutes
all right i have no indication
of such do i hear a motion to approve
the february minutes
it's moon i'm fella sure do i hear a
second second please thank you very much
ryan
uh we can have a voice vote i think all
in favor of approval of the february
minute say aye aye aye
all opposed
the
motion passes unanimously
we have also got
the
april 2 2022 minutes
uh
available for approval i think they've
been passed around as well and does
anybody have any
uh additions deletions or
changes they'd like to suggest to the
april
minutes seeing none
do i hear a motion to approve the april
2022 minutes
thank you mr turner second ms mitchell
once again by those voice vote if we
could all in favor of approving the
april minutes say aye
aye
all opposed
the
motion passes unanimously in both the
february and april minutes
are approved
you abstain okay he abstains what we're
going to suggest at the end of the
meeting we're going to have uh the mayor
is going to come in and talk but what
we're going to suggest is that we send
the minutes out to everybody after the
meeting is over with
and
the people who were in attendance at
that meeting will then have an
opportunity to call in to the city staff
and let them know
prior to the next meeting whether they
have any changes so that even if they're
not present
they can make their suggested changes
known
and the board can then
vote
each month to approve the prior months
minutes and we don't have this lag time
of a couple months for approval because
there are some other ramifications of
that
that are not particularly good from a
procedural perspective so if you don't
mind we're going to institute that and i
think we might they might change some of
the
rules regarding time limitations that
started
upon approval of minutes to starting
when
approval of the variance application or
the special permit application is
granted
mr b hall
in the past people could could approve
vote to approve the minutes even if they
weren't in attendance so i don't know if
we need to clarify that
[Music]
i know i feel like when i first joined
the board like i approved the minutes
for the meeting that i wasn't on but
then this last for whatever reason it's
like no don't improve them and then i
just we had a discussion
because we have different promises
yeah yeah
well that's why i suggested to the mayor
that what we do is send everybody on the
board including
alternates
every month the minutes it's not that
hard to do
and then
this you can vote for
approval of the minutes or
against approval of the minutes as long
as you have input from all those who
were at the meeting they don't need to
be here necessarily but if they're given
an opportunity to make their suggested
changes then i think that that we would
be
much more uh say this way
um
[Music]
much more effective in approving minutes
in an accurate and complete and thorough
fashion if we know that nobody that was
here had voiced any objections or made
any suggested changes then i think we're
more easily able to vote to approve the
benefits
yes
right yeah email to them so that they
get it and pay attention to it
is there any possibility of doing a
email approval where basically we can
respond once we review them
no that's an offline meeting
so it's almost like a docusign where
like each person has to sign in and say
yes
i'm just trying to save you guys in
trouble if
if we get to a meeting there's not
enough people here or something
individually
um
we'll get an advisory opinion from the
city attorney and i'm just trying to
think of a way to make it easier i mean
sign legal documents all the time
it's raining so hard it's hard for
people to hear us
um the reason
just for those that don't know and i
know all of you attorneys do
you need to get them as soon as we can't
because the appeals process doesn't
begin until the minutes are opposed
and the approval needs to be on the
record at the next hearing
to anybody who wants to feel their case
we do need to get this
sooner than later
i i do know
i those i do know the state extended a
lot of like um
open air and
allow more permissive open-air
activities to take place online
i think if somebody i think on somebody
on the board needs to make the objection
but if somebody in the public read the
minute said hey that's not accurate went
to a board member and said hey i don't
think that minute uh reflects accurately
reflects what occurred then i think that
board member is is uh
maybe not mandated but would certainly
be
better served to uh
look at the
noted objection and see if that merits
uh discussion at the next board meeting
which i think only board members can
discuss the minutes we don't know if
anybody was delayed from february
because we weren't able to we don't know
and but the reason is because the time
frame
from filing the appeal starts when we
approve the minutes so we won't know for
30 days
yeah
those of us that have to deal with
deadlines all the time or we get sued
we're a lot more attuned to that stuff
anyway
all right um let's move on the first
thing on the uh agenda is a staff report
kathy on uh
application bzap 22-16
mr chairman
i do apologize uh before we get into new
business uh may i bring a matter of
discussion
uh
i don't see why not okay
um
because of the rain i'm just kidding
also some people on the other side can
hear me
we serve on this board to deal with
variances and situations that
both balance uniqueness and hardship and
having said that i would like to make a
motion to reconsider the application for
81 north drexel
81 north draxel yes sir commonly known
as the pool
oh okay
if i may well
uh the pool it's it's the it's the also
commonly known and perhaps more commonly
known as the honeycomb yeah the
huntington house
um
over the course of the last month uh i
have been thinking a lot about what has
happened i did report to staff that i
was contacted by
some members some individuals who came
publicly
contacted me privately i reported that
to the city so this is entirely of my
own volition i want to say that to to
everybody
uniqueness and hardship is something
that in zoning law um of course it
addressed at the very heart of it
um
after further consideration i think it's
very important for us to reconsider this
because
this is a very unique location and the
uniqueness and hardship are actually on
both sides because most importantly of
reverse frontage
lots which we have two that are kind of
adjacent to one another
but i'm concerned that we judged
more the applicant's ability to
compromise
and less whether or not they had
demonstrated themselves that they had
not created the hardship that they were
trying to abide under the uniqueness of
it and ultimately they were actually
well within our guidelines um as
demonstrated both by the staff reports
uh that supported this variant a rb
board that supported this variance um
and so i think for those reasons i would
just like us to to reconsider this
well
um
i think this is a case that i had to
recuse myself on was it not
okay do you want to grab the
grains on this one
i think we should have we had if there's
a second you can move forward but um you
know
yeah so i guess is the correct protocol
to have discussion and then see if
there's a vote yeah i think
it would be to see if there's a second
example
yes because it wouldn't be discussed it
would just simply reschedule onto
another agenda gotcha so i guess
discussion from the board if if there's
any discussion about whether we re here
uh what what's the address 81 more drugs
i know we're across the room for one
another we have this
if you don't mind speaking to your
microphone i apologize did you just
summarize what's the procedural status
of the case it there was a three to two
vote
and it takes majority
to pass
so three votes were not in favor two
votes were in favor with one recusal and
we also did not have a full board
so
i guess he's requesting an opportunity
for this to be reheard possibly by a
full board and discuss maybe whatever
concerns they still be out there
from a protocol standpoint only a board
member can ask for reconsideration
so he's made a motion essentially
how many times do we hear that case
twice and only one time there was
there wasn't a full board
for both times
oh it's the first one right
um but when we voted we voted based on
the majority of the attendees that were
there
five of the six because there was a
recusal
so i don't understand the terms not
having a full board
seven is a full board
so in order for this case to go forward
we need to have seven people
yeah no it's just a simple
request it's just uh somebody's saying
that they think that the board ought to
reconsider this case a board member is
asking
you know making a motion to reconsider
that case that's all that's all
it's just emotion
and it's in our uh
policy
reward that
members have the ability to request a
rehearing on the case only board members
it is unclear whether or not this board
does follow robert's rules um
so just the spirit of full disclosure if
we were following robert rules because i
was in the minority i would not have um
the opportunity to make this motion
it is city council is the only one that
has actually codified that they need to
follow robert's rules so there is
as a lawyer there's just many things
that sort of concern me about
the way the decision was made
um
that might cause more problems in the
long run um both this board and
just for i think we might
[Music]
that's the word
i don't want to chill further activity
for people trying to invest the
community especially when there's a lot
of uniqueness um and
i was just very concerned about the
weight that we were giving
consideration to some other than others
because i think that
due to our own self-imposed time
restriction we did not have an
opportunity to get into the dolby
factors
and having looked at the history of this
i don't think that it was the applicant
that necessarily created the hardship in
my personal opinion
i think it was actually
those in opposition who had created the
hardship on their own
due to the location of their own side
pool
and i think that it's not fair
to provide one with the opportunity to
have and
based on their opposition alone
say to somebody else we cannot that they
could not have that
so it is just it's it's rested
uncomfortably with me
okay
um
ryan would you comment on the interplay
between what your your motion
and the property owner's appeal rights
excuse me
can you comment on the interview
can you comment on the interplay between
your motion and the property owner's
appeal rights
the property owners have the ability to
appeal if you would to um
to counsel
and i could not speak for counsel if i
was a member of council myself i would
generally
provide deference to the vote here which
does not go in my favor i recognize that
it's also it's an escalation i don't
think is
is necessary here because
i i think by reopening this
reconsidering this and judging it
on
its merits on the merits of the variance
itself
i think we could avoid
prolonging this matter because i think
that one way or the other i think that
the applicant has a very strong case it
just might have to be made not in front
of a council but in front of a judge i
would like to avoid that
so um
procedurally if we vote to reopen it
then we put it back on the exact we put
it back on the agenda in a month from
now and and
do they come in and provide additional
testimony and information or do we just
vote again
there would be some discussion involved
okay
uh does the board have any
comments discuss further discussion
my personal thing is i don't feel that
anything has changed i don't feel that
anything has changed since the
application is here i think the
neighbors property versus this property
are two different issues because this is
a front yard the neighbor's property was
decided so the state of the
neighborhood is not the same as the
benefit of this
um
and i know i'm not trying to stop you
this kind of contradicting a lot but um
and the other part of it is i i'd like a
little better definition of hardship
because they bought the house knowing
the way the house was
and knowing where the property lines
were knowing how it laid out
and then they want to put a pool in
front here and claim that it's a
hardship because they can't put a pill
in front of you and i don't i don't
know whether that means that doesn't
necessarily mean my personal definition
of a hardship but i don't know whether
legally i'm
speaking correctly
and i would simply say um i agree with
mr turner the eucharist uniqueness was
not unknown to the homeowner when they
purchased the home
i think that was something that
stood out to me throughout the times
that we heard the case i don't think
it's fair
for you to assume
our
our judgment was
unfair and harsh
um because we heard this case equally at
the same time and we all spoke on the
record what we felt were our reasons for
our vote um if you feel like you
disagreed with your vote that's okay but
to to assume that somehow we judged it
harshly
i judged it purely on the fact that
you know i'm not sure where you're
coming from
i didn't say you judged it commercially
you said it wasn't fair for us to assume
our position you said our position of
judgment was too harsh
because we were judging based on
what were your
meetings
based on the fact that we were
judging it
too harshly somehow like as if we were
creating a discriminatory
position and we didn't i don't i think
you used a lot of adjectives there i
just don't agree with okay i don't agree
with what you said that's fine no no
that's why we laugh about this and we're
going to you know after the baseball
game is over we're going to go have a
look okay
um
i think a lot of can i say one more
thing please um to come to this
i think you called it uh chairman b hawk
quasi
judicial forum
and
threaten future lawsuit
that's essentially what you no it's not
okay um
[Music]
i got it you've said a lot of things
that's really rude i like
um
okay
and ask a
community member's right
to escalate it as you call it
to
city council is their right to do that's
the procedural step after they have come
into this body and received the judgment
that they received so you to come in
here and make
a
to say hey can we recall this case
because i don't want it to escalate to
council and then potentially to a judge
one factor i mentioned
i it doesn't matter if you mentioned 30
factors the one factor
to me it's just not appropriate to say
okay what i'm going to say
just like calling the as9 or what i'm
saying yes
wasn't what you have to say i said i was
accusing you of discriminatory no i
didn't say you accused me i said this
board
he used a word that i did not use all
right let's let's let's focus on the
topic at hand
at hand is that i i disagree with these
expressions that's all i have understood
is there any other
uh discussion on this topic i would like
to have just the opportunity to respond
to both of what i've said both what has
been said here um
i think that there is entirely a very
reasonable misunderstanding of what is
either the front or the side lot on both
of these properties and i think that we
need if a vote was to carry forward i
think that we need to have more
discussion on reverse product lots and i
don't think that we took that properly
into consideration reverse frontage loss
and i just think that we owe that
with regards to the lawsuit um
i simply just wanted to avoid the burden
on the city
of what i would generally look at as a
counselor in a situation like this
all right so
is there a motion on the there's a
motion on the floor to rehear
uh 81 north drexel do i hear do i hear a
second
not hearing a second the motion dies
thank you very much thank you
all right
the first uh application is case b z ap
dash 22-16
turn myself back on uh 2012 52.15
g1
which requires accessory structures and
uses to be permitted only in the rear
yard
in order to allow an in-ground swimming
pool to be located in the south side
yard
are the applicants
available sir please come forward
if you would raise your right hand
do you please state your name uh i'm
brian griffith uh standing in for
quitting board
okay as a representative
and and your relationship to the
applicant is uh i am a landscape
architect with easy living tools we are
the pool installer and have applied on
their behalf uh uh the negron family
unfortunately is out of town today so
i'm there uh with their blessing to
speak on their uh on their case all
right do you swear or affirm that the
testimony you give this evening will be
the truth the whole truth and nothing
but the truth yes i do thank you very
much
uh kathy can you give us a staff report
on this matter please yes i can
okay so this property
250 south parkview is located in the r3
zoning district
lot standard lots in that zoning
district are 90 feet wide by 160 feet
deep this slot in fact is 142 feet wide
and 250 feet deep
the swimming pool poles typically are
required to have an eight-foot setback
from the side and or rear property line
houses are required to have a 12-foot
setback from the property line the
proposed pool in the side yard
uh is
planned at 18 and a half feet from the
side property line
um
and it's further located along a patio
so
which is located in an l-shaped in
the inner part of the l-shape of this
house
the applicant is further provided
notes regarding the variance worksheet
and
to address the
questions in our applications does the
property question require variance in
order to yield a reasonable return can
there be any beneficial use of the
property without a variance
the applicant has indicated the side
yard provides an optional place for sun
exposure and a beneficial relationship
to existing patio is a variant
substantial
no the substantial existing vegetation
and additional landscaping improvements
are planned with this project would the
essential character of the neighborhood
be substantially altered or would
adjoining property suffer a substantial
detriment as a result of the variance
no the pull is an accessory structure is
flush with the existing grade and poses
minimal visual impact surrounding
properties
uh would the variance adversity affect
delivery of government services no
access to the property is still
is structure will not impede
this did the property owner purchase a
property with the knowledge of zoning
restrictions no the pool is adjacent to
the existing patio the homeowner assumed
the poll was an outdoor
improvement not considered
oh i'm so sorry
really affects the sound in here i'm
shocked it does yeah can you hear any
audience
so so
uh huh the poll is adjacent to the
existing patio well i think anyway
can the
property owner
predicament feasibly over
obviate through some method other than
the variance yes admittedly there is a
space elsewhere on the property however
this location provides the most optimal
sun exposure for swim activity
and in the spirit of the intent behind
zoning requirements observed and
substantial justice does a granting
done by granting the variance in our
opinion yes the placement of the poll
and proposed landscape improvements will
bring increased value to the property
okay
karen did you uh did the arb weigh in on
this this did not go to airbnb this is
simply a zoning issue yeah okay in fact
you're only here for me on one case
real that's going to be it i'm just a
techie person that's a sad sad thing for
us so
and also i'd like to point out you know
technically if you shift this pole you
know maybe another 20 feet further back
i'm not sure
how much less of an impact it would be
than from where it's proposed currently
in other words if it were 20 feet back
it would be in the backyard you could
push it 20 feet back but you could also
pull it eight feet from that side
property line so
they've kept that in consideration of
where they located it in that side yard
i see
that's an interesting fact
all right
um
sir
i'm on medicare you'll have to say your
name again for me because i forget sure
thing uh brian griffith thanks thanks
brian
uh could you tell me uh
whether you have anything to add to the
uh staff report to help us understand
what the situation is here um so
we did explore alternatives uh the
homeowners uh considered you know
pushing it back into that corner so it'd
be technically behind the rear facade
but there are some very large
uh large mature trees back in that
corner they'd rather not be underneath
uh i tried talking them into an
automatic pool cover but they're that's
not the look they're going for so uh
they want to see water at all times
so uh but they are creating a whole
landscape outdoor room around this pool
uh with additional screening and
landscape on
on all sides that are either you know
adjacent or
uh they're even creating kind of a
landscape there in between the rear yard
and so
uh they really are kind of creating an
architectural exterior room for the pool
and
it's a very minimalist design where it's
literally pool and coping and then it's
surrounded by lawn so
still very kind of a gardenesque uh you
almost might call it a garden pool so
not to bring another yeah you know pool
project your land was feeling
comfortable
right
is there an ariel
in that in the package that kind of
shows that oh there we go perfect
it's a little blurry let me see if
there's another one
yeah okay so you show us by era where
we're talking exactly so right in there
okay gotcha
so it's very heavily landscaped
yeah and and
i heard additional landscaping going on
that uh would be the north side can you
tell us since you're the landscape
architect what kind of
plants they're thinking about um we did
submit a landscape plant with that i
know uh the plants that are primarily on
the street side
are evergreen so they'll have year-round
screening
as well as a lot of use of evergreens on
the adjacent property line
the trees that are
to the
are i believe their horn beats which is
very architectural tree uh but uh a lot
of this has been built for for screening
and uh there are also a lot of uh
fire instructors i believe in there as
well uh we're kind of a joint venture
with peabody landscape so
uh peabody would could give you the
duration of the plants even more so than
i but
in this
scope we're sure
oh i see
those are the trees that currently exist
on the north side
there are some mature evergreens there
and they're trying there's one that
they're trying to save
uh but some of the other ones were
pretty run down so they're they're doing
a lot of clearance
you know whether there's been any any
discussion with the land owner to the
north side uh
south south to the south uh not to my
knowledge i can't say that if there
hasn't but
that's my knowledge
and the supports 48-inch fence is
proposed wrought iron fence around that
um i believe they're trying to utilize
their existing they have kind of a very
historic wrought iron fence okay that i
believe needs height and so they're
trying to use that enclosure any gates
that they need to have
the appropriate self-closing
self-latching mechanism will be modified
to perform that function
can i ask really quickly is the stone
wall that's on the
plan is that existing or is that um
okay
they have kind of an elevated patio
and then there's kind of a nice natural
stone wall that steps down and so the
pool is in kind of a lower
lower piece
is there anyone in the audience that is
for or against this application please
i see no indication of such members of
the board do you have any questions and
or comments
mr griffith
um
there was uh but uh they they really
like this placement just
uh just the way that it the relationship
to the patio being closer to the to the
to the home where the door walking out
is i think they like to be able to come
straight out the door walk down and into
it
this photo is interesting because
this property right to the
north
south of it has the same configuration
exactly i just noticed the pool right
here
look at that their whole outdoor living
space is completely on the other side
but it's the same plan yeah
and i believe that adjacent even with
the driveway it's crazy yeah it's like
exactly the same
yeah that's funny you're right
just to answer probably the same guy
both those two interacts with the
neighbors outdoor space
it's on the opposite 1928
and sometimes it's about the views all
right from the house
for safety concerns
a lot of times people will locate a
swimming pool in a location where they
it can be easily viewed from the house
for safety concerns
they do have children yeah and that that
is a certain concern and i mean
once again to reiterate what you said or
just to make sure that we understand
what you're saying
if they move the pool
20 feet further into the backyard
they could move it
a whole 10 feet closer to the lot line
of the other house
and they wouldn't need a variance
correct
all right
yeah they're not here but they were
certainly given notice were they not
okay
yeah on the other hand
sure that's kind of why i pointed that
out because they're not here so that and
they were noticed and they also have the
same exact situation on the other side
of their house
no
plus we've had a fair share of people
who did show up to complain so you know
they we do get if somebody's really
against something we we've seen
opposition on many occasions
of course yeah well
yeah of course if there's one thing i've
learned in two years in the support it's
that people who are in opposition are
incredibly motivated to show up
typically
all right uh any further questions or
comments from board members
if not i would uh request a reading of
the findings of fact conclusions of law
the findings of fact and decision to the
board for application number bzap dash
22-16 for property located at 250 south
parkview upon consideration of the
application proposed variants and
evidence and testimony before it the
board finds the applicant has proven
that criteria to grant an area variants
in bexley code section 122611c have been
met
and a variance from mexico section
1252.15 g 1 to allow an in-ground poll
in the south
side yard
18
feet 6 inches from the south side
property line
shall be granted with the following
condition that the landscape plan be
reviewed by the landscape consultant
all right members of the board any uh
problems with the findings of paying
conclusions of law the way they were
written
mr griffith you have any objection to
those findings in fact and they meet
with your approval
all right
yes thank you do i hear a motion to
approve the findings of fat conclusions
of law
as written
um i said emotion mr hall moves
is there a second please second second
alicia thank you
uh
please call the world captain mr schick
yes miss mitchell yes mr turner yes mr
marsh yes mr hall yes mr levine
yes
chairman viho
i vote yes also so the variances are
granted good luck it's a nice project
thank you very much
we also commented sir that uh when
i think all of us whenever we do
anything with any of our properties we'd
love to see somebody as diligent as you
because you arrived very early for this
meeting
you like that
they're very they're very anxious for us
to start digging so yeah i would not
recommend starting tonight all right
what's the uh what's the lead time on a
fiberglass pool right now
if i can get a show fast enough
all right
there you go
for you
i was going to say you've got a new yard
and you just already have too many
varied
let's get you
going
all right
the next case on the docket is
application
22-17 involving 2702 bryden road the
applicant is pat ryan the owner of the
property is mark hunger
the applicant is requesting a variance
from baxter city code section
1252.15 g1 in this case which requires
accessory structures
and uses to be permitted only in the
rear yard
to allow a fireplace on the side yard
which will replace the existing
grille structure
who is
here on behalf of the afghan please come
forward sir
your name is
pat ryan pat thank you
would you raise your right hand please
tell us that you swear or affirm that
your testimony this evening will be the
truth the whole truth and nothing but
the truth i do thank you thank you
all right kathy tell us what the staff
thinks about this
particular application
uh
just for future use i want to add the
variance criteria questions in the staff
report for the board members review i
don't know if i necessarily have to go
through them unless we get into some
right details so right i agree with the
same time
okay i think it's an interesting way to
present the case though and is quite
helpful and it's there if you need it so
yeah all right this property is located
in the r6 zoning district and it the
standard lot size is 50 by 120 this lot
in fact is 75 by 139
and currently has a patio located along
the side of the house and there is an
existing grill and counter that the
applicant is requesting to replace the
grill with an outdoor fireplace and add
a grill to the north end of the counter
the location is five feet from the side
property line typically an accessory
structure is allowed to be three feet
from a property line
and the fireplace a new girl are
proposed at the same
setback
okay
space is currently being used in similar
manner it appears to be small expansion
to the existing counter and is set back
two feet two feet further from the side
property line than the standard three
feet
if the board finds it appropriate to
allow the new fireplace and replacement
grill in the side yard it would be
further subject to a building permit and
must meet the fire code requirements
staff would also recommend that the
proposed landscape plan be implemented
all right this one also did not come to
arb but i did look at the structure
okay
looks fine
to you
all right mr ryan yes tell us if there's
anything you would add to this
rendition to let us give you some idea
what you're doing and why you're doing
it where you're doing it be happy to
they have an existing um grill that is
exactly or it's actually two feet closer
to the property line than it is
um
not very functioning and frankly pretty
ugly
and mark would agree with me on that and
it was a mistake putting it in so we're
they're gonna be redoing their porch
which is a huge um
their living space basically they're out
their living space we're just adding to
that basically the same square footage
um of the existing structure but just
replacing it with a fireplace instead of
a
ugly grill
they're they're fully landscaped on the
backside already we're going to be
adding some additions
um neighbors that have no issue with it
we talked to them and then they have
tons of hornbeam and evergreens on the
back side of it so they're not going to
see much of it and frankly you wouldn't
see it from the street because we are
going to heavily landscape that corner
so you wouldn't see into there
beautiful
all right
is there anybody in the audience that is
here for or against this application
please
i don't see any indication of such
members of the board any questions or
comments regarding this
application
all right
can we have findings in fact conclusions
of law please ms rose sir the findings
of fact and decision of the board for
application number bzap dash 22-17
for property located at 2702 brighton
upon consideration of the application
proposed variants and evidence and
testimony before it the board finds the
applicant has proven that criteria to
grant an area of variance in mexico
section 1226
c have been met and a variance from
mexico section
1252.15 g1
to allow a fireplace and grill in the
side yard patio
shall be approved
with the condition that the landscape
consultant review the landscape plan
okay mr ryan that seemed
well suited to your request yes chairman
all right
members of the board any changes or
requested modifications to the findings
of fact conclusions of law
if not i will entertain a motion to
approve the findings of fact conclusions
of law
mr mood mr schick makes the motion is
there a second please second second ms
mitchell
ms rose you want to call the roll please
mr shake
yes
miss mitchell
yes mr turner yes mr marsh
yes mr levine yes mr hall yes
chairman b hall i vote yes nice project
thank you sorry you had to go through
all this just for that okay that's okay
he's not going oh you're on the next one
too
oh you're gonna stick around here
regardless yeah
no that's a good project thank you i'm
excited for it
all right the next case before the board
is application bzap bzap-22-18
involving 444 north parkview
the applicant once again pat ryan the
owner is domicile ventures llc
and the applicant is requesting a
variance from city code section
1262.04 b
regarding the location of off street
parking to allow for parking spaces to
be installed in the front of the home
mr
ryan you've been sworn in i'll swear
again again just for the heck of it
you swear or affirm the testimony that
you give in this matter will be the
truth the whole truth and nothing but
the truth my new chairman thank you sir
thank you uh cathy please call the roll
no no call the roll wait we'll wait to
do that for a few minutes give us your
staff
report this this property is located in
the r2 zoning district standard size is
120 in width by 200 deep
this lot is 180 feet 85 feet wide and
196 feet deep
and
at 196 feet deep at the north and in 245
feet 0.75 deep at the south
and
the side property line so it's deeper on
the south end than it is at the north
end
um i
have a overhead view of the site we'll
we'll go back to this in a minute karen
a mexico section requires no space or
aisles or any portion of the driveway
that does not access the rear parking
space or garage will be located in the
front yard in the r1r2 r3r6 or 12 or
open space district
i thought it would show
but this would be helpful to show the
perspective of the block
and the curved section of this street
front yard parking is prohibited the
proposal plans to accommodate parking
outside of an existing stucco wall which
is four feet
back of the average front yard setback
for this block
this place is 95 percent of the proposed
parking within the front yard setback
and includes a basketball hoop that is
typically located in the rear yard
even with the proposed landscape
screening the scenes excessive at the
front property line along north park
view
which shifts to the east
as the road continues north placing the
parking area approximately 19 feet back
from the front property line and the
property line is approximately 26 feet
back from the street
staffs concerned about the amount of
hardscape proposed
to accommodate parking in a basketball
court in the front yard on on a property
of this size
if the board finds it appropriate to
grant a variance staff would recommend
that there not be overnight parking and
that the landscape plan be implemented
i'm sorry the last sentence that there
not be overnight parking what and that
the landscape plan be implemented okay
there's some existing landscape but i
think he's showing some proposed and
karen if you would go back to that first
picture
i'm sorry the second one there we go yes
so
thank you gosh i should have a pointer
yeah okay so you can show the location
of where the proposed
expansion is and that's that's in front
of
a stucco wall
and also in front of the structure which
is to the
further down and it's in yellow
and then if you scoot this plan further
up
now up
make the plan go up the other half there
we go okay so now i want to show this
turnaround area in relationship to that
existing site how it is currently
so it's really placing that just
out in the front
and if that gate's shut then cars will
simply park on that pad
so there are two parcels here
there are which are looked upon as one
okay
bye next week
at least
hmm may i say something just oh yeah
you're going to get a chance to
completely discuss okay
just wait for the staff is that the end
of your report
it is and i might send one picture to
karen if i can locate it
i don't know if she can do it i don't
know if you can do anything with it or
not
[Music]
surface yeah i got you i didn't think it
would be
uh mr ryan tell us uh what you're
thinking about here and what what's
going on and then we'll get a new
picture we'll look at it as well sure
and if you need a pointer to point to
things uh we can get you one there oh
about him okay chairman the basketball
hoop got scrapped i talked to the owner
he was worried about you know this has
been multiple conversations he's worried
about uh basketballs being balanced at
10 30 at night in the front yard
lights so that scrap that's going to go
to the backyard if he so chooses we
don't have a plan for that but it's no
longer going to be the front okay his
biggest concern is that because of that
gate um you know if you are
um amazon he's mostly looking for a
turnaround upfront versus parking he
wanted it to be comfortable enough
people could turn around
um
you know comfortably so yeah without
like a six-point turn it's a narrow
driveway compared to the other ones
around he's got a 12-foot driveway
and there's some parking car courts
across the street um so
he's he's strictly just trying to and
they he had a ton of trees being taken
out uh blue spruce that got needle cast
and bites
along the left side and it's pretty ugly
at the moment so we're trying to push it
up against uh and then heavily landscape
that front so that he you know wouldn't
be he has not such an elevation change
from the street
to that area that i don't think would be
that noticeable but that's not for me to
decide um
so that's strictly it's not parking to
be more like a turnaround
in that area he's got plenty of parking
spaces for his personal vehicles in the
back
this would be more so for guests and
deliveries
so you're saying uh from the street
level the grade goes it's considerable i
think it's i think it's six six point
two
six six feet two inches if i remember
correctly it's it's you can't quite tell
from the pictures
you can never tell elevations that
sounds about right i was just there
today that does sound about right that
grade definitely does change
what's the distance of the wall in the
street
i couldn't tell you that i'm sorry i
think it's so we are it's 26 from
setback and then another it's got to be
75 to 100 at least
am i right about that kathy i don't
think so i will tell you
no to the wall
oh i'm sorry
parking place parking area is
approximately 19 feet from the front
property line the front property line is
26 feet back so it's the parking pad is
approximately
40 feet
just shy of 40 feet
from the street so
is is it now if somebody pulls in the
driveway to make a delivery there's no
parking on this street right
at this point
i think there is chair there is parking
i think you can park on the street yeah
um so
if somebody drives up the driveway to
make a delivery they have to back out
correct is what's happening
and if they had to turn around they
could turn back out and come out
frontwise exactly
that's right or if they're dropping a
kid off they can pull off to the side
drop the kid off turn around and then
come back down
you know it's funny i
i've been there maybe 10 times and every
single time i'm there it's a traffic jam
somebody's pulling up when somebody's
trying to pull out and that's
i guess what he's what he's after
is there anybody in the audience that is
for or against this matter
i please
no indication of such
uh members of the board any comments or
questions of mr ryan or the staff i do
have a quick question um
based on this rendering here
um
can you hear me okay i feel like yeah no
i can't yeah i'm posting them down yeah
um
so based on this rendering about how
many cars would this additional
expansion accommodate
so i believe that we are 20 feet across
um so you know the average parking lot
is there um parking space is about 12
feet
comfortable like the bigger ones not
though this plan indicates 30 feet this
way
and 20 feet this is 20 seconds 20 feet
that way 30 feet that way so it's a
comfortable turnaround it is
technically
what's what's
i'm just curious to i mean is that all
asphalt in the back i mean that's is
that all that's all asphalt at the
moment and then we'd be
putting it there's me it would be a
drain across he's got a lot of water
right to break up um
yeah right right there to be a drain
there
and then he's actually talking about uh
heating that driveway and the whole
thing would be pavers um it's a
unilocked product it's it's it'd be
beautiful i mean it add a lot of value
to the house
how pervious is it 150 interlocking yeah
yes right
town hall is the name of the and it
looks like clay brick but it's a
two and
three quarter inch brick that you can
drive a semi over top of
but it looks like the old-fashioned clay
brick
[Music]
so that's what the whole driveway would
be the whole driveway would be that and
then we'd edge it with a um like a
basalt paver it looks like an old like
uh cobblestone it's a it's a concrete
manufactured product but the soldier
course or the border would be
like a cobblestone border
two or three deep depending on
what we're allowed to do
and we we actually not to keep going on
this but we we actually drove it a
little bit um
one of the reasons we came up with the
dimensions is that
because of
the wall and where the side door is
which is technically his front you know
he wants people to enter in it's on the
side to be able to pull in and pull back
around comfortably
i mean i couldn't do it in my truck at
20 feet
i know i realize that it's a bigger
truck but
standard car you need because of the
position of that and we played with that
curve on that one side over and over and
over again to be able to accommodate
um a like a turnaround versus like a
nose in because you still having to back
down the driveway or do a six-point turn
i think that's my
concern with this is that like where the
car is shown if you're talking about it
being a true turnaround
where that car is shown right now those
gates are closed they're gonna have to
back up and sort of maneuver their way
out of there it's not a true turnaround
or true back in and back out type of
thing
um plus i think
if you're not setting it up for parking
i think i misunderstood it's 30 feet
wide this way so it can fit easily fit
three spaces
so
to me if you have this wide
area of pavement up there
there's going to be people parking there
um i don't think
you know even if the board says we don't
want parking there and so we'll prove it
without parking i think that's going to
be a very difficult thing to put you
know police we just need to understand
that
but it just seems very
expansive to me i appreciate the fact
that you've taken out the
uh the basketball court yes that that
was a concern to me when i first read
through this me too yeah so i think
that's a big move in the right way but i
also think that if you're gonna design
it as a turnaround
um where to back in get out and that
sort of thing then then great do that
from my experience i don't think the
amazon guys the delivery guys don't pull
in the driveway i think they probably
have a rule where they're not supposed
to come onto the property but i don't
know that specifically
they're always in the street and they're
always like blocking the street to some
extent which like
look right we have a bunch of trucks not
only anybody pulling the driveway unless
we absolutely need them exactly
i i mean and you know trucks leak oil on
concrete it's just not i'm sure they
have the same policy
i will tell you the way that that and i
appreciate your your concern and i
understand that the way that that the
driveway comes in it kind of angles
back in
in the and be able to comfortably make
that back and then come back around you
know what is it 30 feet i don't know
that but it's definitively 20. i mean i
drove it
myself i i'm really not concerned about
necessarily you know i think you guys
can figure that out and make that work
but it's just it's a lot of pavement up
there that
i think undoubtedly will be cars parking
there sure
and i i don't think that's you know what
the your community wants necessarily so
keith do you think if it were
smaller
if it if it was really a and you know i
i really truly understand the need for a
turnaround because you know i guess they
have those gates closed so if i if i
head in
then i'm pulling down and you know i'm
sure half the people that are backing
down end up in the front yard along the
way so i
you know design it as a turnaround you
know um minimize it yeah so that you do
i think it needs to be forward i
wouldn't cut it off the back i think if
you had basically if you came up made a
little tighter and you put basically one
space in there so that somebody could
pull in
back up hopefully not hit the gates yeah
and then get out
heavily landscape around it then i think
that would be a reasonable solution okay
from my perspective
i'm sorry you're suggesting adding a
little bit more uh landscape
that would be on the street side i'm
saying probably take it from 30 down to
15 feet and take the 15 feet i don't
know i think this would be west so we'll
just pull this line in this way
and then
and then just adjust your landscaping to
sort of hug the whole thing so it's
tucked into the landscaping right next
to it yeah i mean this this is a big lot
so they would they would be allowed to
do a circular drive
correct
uh what's the width yes
so
they could do it if they wanted to do a
circular drive they could come in they
could do a circular drive without ever
coming
to anyone except the city
so i mean my i'm not a fan of parking
out front but i also understand you know
i think the issue is if you have one
person come
to service
your refrigerator they block your whole
driveway or they're coming to pick
someone up they're completely blocked
and i i agree i like the suggestion of
it's you know 30 feet
seems like a parking lot versus a
turnaround
and and so i'd rather see it limited to
two spaces and again i don't know how to
sit
there's no way the city can go out there
and force
um
that people are parking overnight i
think i think we should make it a
stipulation but i think yeah limiting it
to two two vehicles
seems to be
much more reasonable given that where
that car is shown is gonna be
you know just as you pointed out it's
gonna they're gonna have to back in and
back out to even get that car out of
there so
um that would that would just be my
comment i i support that um
because we've actually made a compromise
like this before i think it was our
first meeting back in person that's why
i remember so well the 30 north drexel
and that was the property at the corner
of drexel and cassidy
and we also stipulated no out front
parking i've never every time i've
driven by there there's never been any
cars in front of the house
30 north drexel
caddy corner just north of drexel circle
um can i ask a quick question
um so i
i see circular driveways or you know the
little half moons throughout bexley i
see cars parked there all the time sure
during the day
and i've been to a few parties where
they've been parking at night so
i guess
what would be the difference from a half
moon shaped circular drive that allows
parking or maybe it's not supposed to
it's just not
okay you're not allowed to park but
you're allowed to use it or stop and
drop something off and get back in your
car and leave yeah i'm i'm certain that
doesn't happen
i'm not ratting anybody out i'm just
saying i'm certain that it doesn't
happen so to your point you know
it's almost impossible to police
um
but if it's a problem the city typically
gets nervous oh yeah someone someone
lets you know if there's a problem
i just i don't know i mean circular
versus this weird l-shape to me is a
kind of tomato tomato
that was my but again i mean i'm here
to hear you guys thoughts i mean that's
we did like a lot coverage of a circular
versus a pull off and it was actually
less
lock coverage for the pull off versus
the circular and the other problem with
that i mean aesthetically and
functionally i'm a function that's why i
already got a design
but the the front corner of his house
right where that little square is that's
his front door so the circle
drive there's still going to be a
bottleneck right at that corner where
people are trying to get in and out and
so it defeats the person the purpose of
the circular drive if he had a doorway
down the middle where you could have
three or four cars parked on the circle
and then three or four cars parked back
that you know that that would suffice
the other i guess um
like a hardship whatever you want to
call it is where that car is parked
right now he
that car would not be able to make one
fell swoop turn and then come back
around
um so like when we measured it i think
it was
i mean from pete's park right there we
would need about 20 feet this way
to be able to come because they're not
going to park
um
they're not going to park just like that
right there's not enough space to do
that so they're going to be nosed in
and they're gonna have to nose back out
and then pull back around so it looks
like there's enough room for three three
cars and i understand that 30 feet is a
lot
um
so let me ask you this question right
along that line while you're on point i
don't mean to interrupt you
um
i think i'm getting the sentiment that
there's a lot more
favor
being cast upon something that would be
15 feet which would be and it probably
wouldn't be the 15 feet that include
where the car is currently parked
because as you say that's almost an
impossible swing out yes but maybe 15
feet to the opposite side or somewhere
in the middle of what's currently
proposed do you think that your
client would go along with with that as
a as a
modification to the application i think
15 might be a little short chairman
be perfectly honest i think it would
um
a standard parking space is nine by 18.
nine by 18.
so
nine by 18 with a probably a 24 foot
aisle behind it for two-way traffic that
allows enough room from the yes to back
up and get out i'd be fine with 20 feet
wide okay which is to allow two vehicles
rest rest of the members are is 20 feet
not and 20 feet not starting where the
white car is but starting somewhere to
the is i'm looking at this picture to
the left of the white car or so maybe
nine feet that car is nine that parking
spot's nine feet nine feet go nine feet
that way and go and then 20 feet should
be in 20 feet
yeah yes yes
and of course there is landscaping
to the street side of this proposed
heavy
heavy landscape he's got evergreens um
acoustic dogwoods mixed in there so we
have a multi-stem deciduous tree to
break up the monotony of just a wall of
evergreens it's all going to be lit at
night
underneath so we're not gonna be shining
it on the
turn around
trying to bring the view
closer to the street so you're not being
your eyes not carrying towards the part
the turn around
also
this did not come to the board to arb
but architecturally i just wanted to
remind everybody about the new materials
and looking at this picture that would
be a win
yeah as a matter of fact do you mind
pulling up the town hall is
is that a condition of this that he uses
town hall papers all the way up down
that driveway is that a condition that's
what he's got all the drawing
he's not making them any better look at
some pretty pictures certainly
i'm asking i think it's certainly there
it is
um
aesthetic appeal of what they're right
there install
that's it right there
so that's nice
yeah it'll be in a hair it would be a
herringbone on a 90 so it would look
pretty much just like that
then
every time i say soldier course try some
cars in the marines um but the
that coping on the bottom would be
earlier the border would be a basalt and
then you can look that up as well it'd
be um
yes it would be a basalt price herbicide
assault dissolved unilak
yes yeah mr chairman the the reason i
just thought that it was worthwhile
pulling this up is
we are looking at a large you know
pervious surface i think it's going to
be it makes a big difference at least to
be that it's not blacktop asphalt
[Music]
yeah i mean yeah he's he's number one
he's very concerned about the safety
this is why he put the um the gate in
and i mean he
you know i haven't seen a car parked out
front it might be because you can't
go around it but every time i mean it's
open closed the gate um he's he's very
concerned about safety and
for what matters
you know i i can
almost assure you it would be overnight
parking he's got very nice cars he wants
them to be in the back locked up
tucked away
okay
so
are you
willing
to add
as a condition of the requested variance
that we did not exceed 20 feet in width
uh for the proposed alteration
i'm here on behalf of him i'd obviously
talk to him but i think that's fair i
think um that's something i can i mean
you know uh 30 would be ideal but i
think 20 would work as far as to be able
and if we could push it that way uh to
the left you know so basically we'd only
be one foot off of where we're at right
now
um but it would be less
yeah i mean you'd be able to make the
turn which is the which is the the whole
hardship here is that turn yeah uh to be
able to get in and out right i think
that 20 feet would suffice do you feel
like you need to
make a have a formal communication with
your client or do you think you can go
ahead today and and i think we can go
ahead and and
absolutely i mean my
step out of here i'll make that phone
call
but i think that 20 feet is better than
nothing and i think that my question is
do you want to make a phone call before
we vote if you if you have time
we'll hear the last case and then call
you back great i'll give you time much
appreciate that yeah that way i can
definitively get an answer and
yeah
excellent okay if we approved it and
then he says no you'd have to go start
the process yeah right yeah okay let's
do that let's let's uh
just have a slight adjournment of this
particular case and we'll call the next
case right in the meantime give you a
few minutes
appreciate it thank you all right
we don't have to table it do we want to
stop we're just recessing yeah we just
adjourn for a few minutes that's all
okay
so the next case on the docket is
application
bzap-22-19 involving 292 north cassidy
and that would be christina
penavska
not too bad huh who's also the owner of
the property and the applicant
ms panovska is requesting architectural
review and approval for a certificate of
appropriateness to allow in addition to
the rear of the principal structure the
applicant is also seeking a various
bexley city code section
1252.09 this is an r6 zoning area
which requires an eight foot setback
from the side yard property
to allow
a one-story addition
and covered porch
to encroach three feet six inches into
the side yard setback
so
with that
miss panovska would you raise your right
hand and be sworn
plea do you swear or affirm that the
testimony you're about to give this
evening will be the truth the whole
truth and nothing but the truth
thank you very much
ms rose
okay
this property is located in the r6
zoning district standard lot size is 50
feet wide by 120 feet deep
this lot in question is 50 feet wide and
149.23 feet deep
the survey shared in the application
indicates that there is eight feet
between the house and the north property
line
so when i added up the figures shown in
the breakdown it
was something more than that so i just
wanted to clarify that i've got to go
with the survey because they're
typically sealed as opposed to
a site plan unless there's an angle
going on with this house
okay i'm not sure i understood what you
just said
the survey that's included that's a site
plan so the applicant provides a site
plan but there's also a survey that was
uploaded to this application a survey
has an eight next to the house which
tells me there's eight feet between the
house and that side property line but
when you add up her three feet
six inches and four feet eight inches
you're going to get eight feet two
inches so
i just wanted to clarify that so that's
a two inch discrepancy yes possible so
i'm just going to go with the eight feet
to be on the safe side okay
all right so uh
this would place the small addition four
feet six inches from the north side
property line the deck is allowed to
encroach into the setback being is not
covered so that's not an issue
uh the addition proposed will extend 15
feet one inch from the rear of the
existing structure
and extend along the north side
property line
and accommodate a first floor bathroom
a covered deck and will also have an
uncovered deck and ex and steps
extending an additional seven feet
and then i just provided the ariel so we
could get an idea of how it relates to
the neighbor's house
please and then if karen wants to
address any architectural comments
uh
yes
um while i'm pulling this out
i will
just briefly tell you that this did come
to arb okay thank you voted
unanimously as a consent agenda item
with no issues okay thank you
pretty unique
yeah it's a great house
no you're doing good
because i can't multiply
there it is and you're looking from the
alley at the back of the house
and right there there's an existing deck
that they will they will be removing
that and then adding the addition and an
additional deck
it does look like the side yard lines
might not be perfectly perpendicular or
parallel rather excuse me well according
to her figures the house pulls further
away from the
side property line hopefully that's the
case but i want to err on the side of
caution
i i may have dimension to the outside of
the fence instead of
the center of the fence so and and yeah
fences don't always represent so but at
least we have the eight feet and that's
the standard side yard setback
so to start with
okay
ms vanaska tell us why you're doing this
and why you need that three feet
six inches okay
um if uh we can go to the plant then
should we get that microphone too i'm
sorry could you hear me now better yeah
okay if we can go to the uh a plan
really quickly
so currently and that actually works as
well um what you're seeing right there
at the existing uh sliding doors that is
nine feet of glass uh currently and that
is the lifeline of our house right now
uh we have two daughters they're
constantly in and out of that backyard
and that
cedar deck is
flushed the first floor so it's more or
less an extension of our house
so that was very important to us to keep
it
the edition
so if you go back up to the floor plan
what you'll notice
is by keeping those sliding doors and
pushing them out
the new bath
which was so desperately neat because we
only have one
um had to shift so that the sight line
from the living room the dining room the
kitchen remained such that we could see
our kids play out there
additionally our neighbors to the north
have become
um we've become really close with um and
so
we are
maintaining the deck uh we love to sit
out back
especially after the kids go to sleep um
and you know they're on their deck we're
on our deck and it feels like we're both
in the same room even though there's a
fence line between us um so in the in
the proposed addition that even though
there's a covered deck we do have a
neighbor window which you'll see in a 3d
view
so that three foot six inches would
allow us to have a bath the back of the
property um
but also maintain that that lifeline of
that you know the central
uh
axis of the house
so if you keep going i think one more
you might be able to see the
or maybe a couple more
yeah they almost kind of line up
should be a 3d view
that's the neighborhood windows
referring to so as you can see
that's the existing sliding doors um the
proposed deck that more or less mimics
our our current one um and then
the neighbor window to the north
so
i i'm kind of a
stickler as other board members will
tell you for side yard setbacks and
i mean they are what they are
and now we want to go into one well
everybody in the whole city wants to go
into their side yard setback because
they could really add some square
footage to their living space
and
so
absent some pretty significant reason
i'm a little reticent to start approving
sideyard setback encroachments that's
just me now i'm just one vote the fact
that i'm the chairman doesn't make my
voting most time my vote doesn't matter
they've already decided by the time it
gets to me but
i i kind of need to look at the floor
plan again and have you
tell me
what it is about the width
yes
okay
that
if it were
along the dotted line that i see going
up the left-hand side you're telling me
you can't shove that bathroom further
into the sitting area and shorten this
the width of the new deck and stay in
side the current side yard setback so um
we cut maybe six inches i'm sorry we
potentially could up to six inches but
if you if you see these sliding doors i
don't know if you're able to kind of
hover over them um that's the nine feet
of glass back there that's i see the
nine feet of glass yeah so we could
shift that towards
the new mud room and we can shift
everything over but i think we'll still
encroach into that setback maybe not
three foot six maybe two feet um it was
just uh
we could reconsider doing the bath i
suppose
but that is a three foot shower three by
three it's as tight as we could make it
um
within that space
i mean you could do a
if the dotted line you see the dotted
line that i'm referring to
if the dotted line thank you
were if you stayed within the dotted
line you don't lose your nine feet of
glass right
as i understand it i'm gonna make sure i
understand what i'm talking about here
because i may not
um
then that i don't think really affects
your deck very much
and
the
the bath could be a
half bath instead of a bath with a
that's a shower there as i understand it
is that right
correct we currently won't have one full
bath in the house so this was uh coved
happened and we have two children so we
yeah i did i dig it
yeah
i hear what you're saying
um
but like
what what i'm
reticent to do is i mean i i think that
a lot of people could do what you're
doing to their house
with outside yard setbacks
and there is a side yard setback i mean
i i'm
i'd certainly
see there's other people here that think
uh how they think about it i'm just
telling you my thoughts in my
i appreciate it um
just uh for the boards um
our neighbor to the north is here
uh
and he had a letter support which we
didn't not realize that we had to have
notarized so um i'm happy to have him
speak on our neighbors on their behalf
sure um
and i'm gonna ask i was gonna ask if
there's anybody in the audience that's
here and i know he's been here for quite
a while there aren't too many other
cases so i suspected he might be here
for this case sir if you would come
forward and
let me swear you in
your name please
ross
mr ross
you swear or affirm the testimony you're
about to give this evening will be the
truth the whole truth of nothing but the
truth yes thank you sir what is your
perspective on this request i am the
north side property owner so i own the
property just directly to the north of
it on maryland cassidy so just just so i
get my very straight north means left as
i'm looking at this particular track
where the setback that you're talking
about you're going to be the issue it's
going to be getting closer to your house
that's that's my property line okay
thank you very much i'm very happy that
you're here and from my perspective
you know christina has come and talked
to us our families are very close
because of that natural boundary that we
share
particularly the last couple of years
there's been a lot of sitting on the
deck talking to each other
so
you know they came to us very early on
and we talked with them about it
we're perfectly comfortable from the
north side from our perspective on
everything that they proposed to do we
walked through and we looked at where
the boundaries would lie and where
things would sit and from our
perspective on the north side we have no
issue with anything they're proposing
thank you for coming to tell us that
because i think that makes our decision
making a lot easier when we hear what
the neighbor has to say and thanks for
sitting through this meeting this long
to do so thank you
yes sir
do you have a driveway coming off the
alley in the garage yeah well i got
about this much space up a little bit so
he's got a little parking bed
i've got a carport and a garage
right off of the alley off of maryland
okay
not sure
i
rick just so you don't i don't really
have any concern about this particular
situation
i have
a concern about setbacks side yard
setbacks especially just
getting
approved when there's not a
another way to go about it or
some awkward problem with the lot the
way it's situated
that makes me
say yeah this is a this situation needs
a variance right that's my problem
so when i first looked at this i um
i thought well you know the side yard
setback thing you know why don't they
just shift the whole thing towards the
driveway
and now i was going to come in and talk
about this tonight and then take a
little bit of a green space down the
edge of the driveway between there and
the house and fill that in and
everything but
looking at the design looking at the
inside you you made a point to say that
when you're in the in knowing that you
know this is this is not a big foot
floor plan you got got a lot of humans
living in your house
and
knowing that you know wanting to maybe
sit in the living room and see through
the entire house out to the back
i think does bring some justification to
what they're trying to do
um
i think that the
i wonder if the house next door i can't
tell from the pictures even has
well that would be a rear yard i guess
if he's facing maryland but
i would wonder what their set pack is
you know
if they're even at eight feet and i
think by having a you know defense the
privacy fence i assume that's probably
already always going to be there because
of how close your homes are together
so i have to ask myself
you know
how important is you know adhering to
the side guard but i think i think the
design of the house is
the addition is very nice it's very
unique
and
get you know really looking at the
interior of your floor plate and
everything i think you've done a good
job of maximizing what you're trying to
do here and
i do think it's important that when you
walk in the front door
to be able to have that flow of looking
through your dining room looking through
what you're calling a sitting room
out to the deck out to the back area so
that's
that's my uh
response to it i understand i agree
thinking of it as a parent actually
increases the marketability of the house
too if they were to ever move on um that
would be something i would frankly
notice right away
i too have just one but you know a
backyard
rascal
all right
are there any other questions from
members of the board or comments no i
was just gonna
say side yard setback i i mean
we moved because i lived in the house
with one and a half baths and my wife
said why i'm not sharing a bathroom with
two boys
so
we mark women
yeah and we had an architect come in we
had a lot of design done
and we just couldn't figure it out and
so
i hear so even making it a half bath for
what you're trying to do i don't i i
mean
i know it's not probably by definition a
hardship but coming from my past
experience i call that a hardship not
not being able to put in a second second
we need to transition from hardship to
practical difficulty okay yeah we were
talking about medical difficulty okay
hardship is
[Music]
we've learned that from dawn
past and katherine i think it's a better
we should probably i've heard that all
night so i think it's a great idea i'm
not very good at youtube
okay but
it's a hardship when it's a conditional
use and then it's the practical
difficulty when it's
no sorry i don't think the word hardship
appears in our statute that's my
recollection mayor's here you'll know
anyway i i don't understand
isn't it true isn't it true mr mayor
that sorry i can't
we are
a hundred percent invested in this house
you know covet happened and we realized
we were gonna upgrade this house
um but because of cobin we realized we
watched our neighbors come out of the
woodwork and hold each other up during a
time that was very isolating and
confusing and scary
and that's when we realized we could
either move to a bigger house but no we
wanted to stay here
just because we had people that we
wanted to you know move closer to and
you know in a strange
that bad way
so um you know
it is a practical hardship yes um and i
understand your concerns but um we're
trying to you know put the roots down
here and not have to look else
i love the project
actually
and i think we're supposed to look at
every um case uniquely and individually
versus i i
understood where you were i'm just
friends i totally do
um i do appreciate the fact that you
engaged your
neighbor uh to the extent that you did
i live in a house with one and a half
bath
with three boys and two girls so i fully
understand um
um it's a lot of humans um yeah so you
know
should this pass i
hope that it meets your expectations so
that your family can grow because we
want to keep them back thank you
i hate to tell you but you're all making
my case by making these comments because
everybody would like to expand
that's in situations like this and i
think that's the only
reticence i have but nonetheless
uh do we have any other additional
comments or questions and if not uh can
we have findings in fact conclusions law
kathy
the findings of fact and decision of the
board for application number bzap dash
22-19
for property located at 292 north
cassidy upon consideration of the
application proposed variance and
evidence and testimony before it the
board finds the applicant has proven
that the criteria to grant an area of
variance in mexico section 12 2611c have
been met and a four foot six century
variants from mexico section
1252.09 are zoning to allow a one-story
addition to the rear of the property
shall be granted as submitted
okay
any is that acceptable lingard
are no conditions on
landscaping here are there
okay
um
members of the board any
modifications to that rendition of the
findings of conclusions of law
if not i would entertain a motion to
approve the findings of fact gurus of
law
i make a motion to approve mr hall
second second by mr turner
all right kathy please call the role
uh
mr hall
yes mr levine
yes mr marsh yes mr turner yes miss
mitchell yes mr schick yes chairman b
hall
i vote no
because of the reasons that i stated
but i think it's a beautiful project and
i love it i appreciate the building
looks fantastic and we're glad to have
you staying where you are
thank you i appreciate it thank you can
i read the findings now for the
certificate of approval oh we have two
that's right i forgot on this one you
know we didn't have that all night long
get me well this is a structure set okay
uh the findings effect and decision of
the board for application number bzap
dash 22-19
for property located at
292 north cassidy the board finds that a
certificate of appropriateness
uh should be
issued
as
recommended by the architectural review
board as submitted
right
that certainly fine with you members of
the board any changes if not
i would entertain a motion to
approve the findings of fact conclusions
of law in this matter so moved so move
sec is there a second i'll second ms
mitchell
kathy please call the wall mr hall yes
mr levine yes mr marsh yes mr turner yes
miss mitchell yes mr schick yes chairman
b hall i vote yes on this one thank you
thank you good luck with your project
it's a nice project thank you
all right let us reconvene that's the
last case i had among the cases is that
i know that we're reconvening as i'm
saying the
case involving 444 north parkview i'm
just asking are there any other cases on
the docket but i don't think there are
no just ordinances
so we were
we will reconvene not just for the
record this is case
dash 22-18
and the question was uh would would your
client be willing to go along with a
modification of the requested variance
to the extent of limiting the width of
the of the turnaround i'll call it uh at
20 feet
20 feet would work if we are allowed to
push it that nine feet back so we can
make that
first turn not hit the gate yeah that's
acceptable and we we agree okay
beautiful all right so
just for clarification so
you're going to take the 90 now you're
going to take
off the eastern portion of the of the 30
feet
correct where the car is
the same as where it is now one foot one
foot difference it'll be one foot closer
to the house than the street because we
had it at 30. we're going nine still
taking the 20 so we have that one foot
going back towards the fence okay
closer than it was clarification
okay
and with that in mind is there anybody
in the audience that is forward against
this application i don't see anybody
that is indicating such
and
any further questions i think we've gone
through all these already questions and
comments
so can we have findings in fact
conclusions of law please ms rose
the findings effect decision of the
board for application number bzap-22-18
for property located at 44 north view
upon consideration of the application
proposed variants and evidence and
testimony before the board finds the
applicant has proven
that the criteria to grant an area
variants in mexico section 122611c have
been met and a variance from mexico
section
1262.04 b
to allow
a turnaround parking pad as modified to
20 by 20
at the western end of the
plan submitted
right
be
approved with the following conditions
that the landsat consultant review the
landscape plan and that there not be any
overnight parking
correct are those conditions acceptable
to you mr ryan perfect chairman thank
you sir
members of the board do we need to add a
condition that the
existing asphalt be replaced to match
the new
papers as long as it's on the plan then
i'm fine with that
so
and that was part of it that would be
drafted as per submitted plans right he
could have replaced that even without
coming before the board but it is part
of this project okay all right well i
think that's a good point
you certainly understand that's one of
the aspects uh that's being approved
here yes sir thank you sir
i'm sorry um
do i hear a motion to approve the
findings of fact conclusions of law as
read by ms rose
is there a second
second ms mitchell thank you so much
i was in my mind saying how good i'm
glad to hear that
all right uh with that kathy would you
please call the roll mr marsh
yes
mr turner yes
miss mitchell yes mr schick yes
mr hall yes mr levine yes
chairman b hall i vote yes also
and the variance is granted and it's
appreciated i was gonna i don't know if
everybody on the board knows this but
i'd like to have mr ryan tell us a
little bit about
his military service i think it's very
interesting would you please tell them i
will thank you i was uh i enlisted in
2001
i was active for about 18 months i
busted up my knee they were going to
either kick me out or send me to the
rotc i decided to go to rotc six months
later i was in western iraq with lima
company um and spent
uh 210 days in western iraq um
and
some of the summer boys in lima company
didn't do too well that's correct we
were one of the heart we were the single
most hardest hit uh unit since the
vietnam war
um
so
well this memorial day sir i think yeah
yeah thank you thank you well the whole
board i think uh appreciates that
service yeah it means a lot to us so
thank you very much it means a lot to us
thank you
thank you thank you guys
good luck with the project nice project
thank you maureen good night
all right we have some additional
business
that the mayor would like to make a few
comments about if you don't mr mayor do
you swear or affirm that any testimony
oh that's right you don't get you don't
get i think we're just wondering
i think you're gonna
if you can scroll us down to
the ordinance
bio break sounds good oh yeah we'll take
a look we're going to take a break
absolutely there we go
[Music]
see the other problem is
let us
know what you're thinking about here
all right uh thank you for your time
um if you do you guys have can you pull
up ordinance 19 yeah it's on there if
you click on that ordinance 1922
sorry rick yeah we're gonna
it's an ordinance to tweak or amend
section
1226.19 and it it does
three to four things here
if you scroll down
to section
1226.19 a
currently the way the code is written
an appeal the appeals process
for a record decision made by you all
doesn't start until meeting minutes are
approved
um
and journalized
so
like tonight we had february and marches
meeting minutes on there so if you're an
applicant and you guys approve it right
in february it's approved but the
meeting that's not going to prove till
march or april or may
you know you have a homeowner sitting
out there going
i don't know if someone's going to
appeal because the appeals process
doesn't start until you guys so what
this does is
it it says right there after regular
records of decision has been received in
writing by the applicant and has been
posted to the city's website that's when
the 30-day clock starts uh for the
appeals process that's a fantastic and
very sensible change yep trying to clean
it up for for our neighbors so
uh the next one
yeah
we're in trouble
so it doesn't say hardcode
and writing so we talked about this a
lot the system generates and they're
already they have to file through the
system in the first place yeah so that
counts
i'm sorry
yeah
but then it has to go to the website as
well because it's two things that the
extra step is the website and i think
that makes sure that even if somebody
who had some interest in the hearing
wasn't present hadn't listened to the
audio
this is a this was inspired by a real a
real case i'm not going to bring it up
just in case we're attempting fake not
something you guys discussed today
um but uh where an applicant
was
initially waiting because of the
decision that was rendered in november
and then you know these efforts in
december and then in january there was
not a junior yeah
that's right so
it was a commercial property they were
invested they were in a contingent
contract
you know they had a zoning contingency
but it was 90 days which is pretty
normal so they had to go at rest forward
even though they had potential
because
they had no choice like they couldn't
get the seller to work
so
you guys know the reason for it yeah
i i think it's a perfectly sensible way
to do it and it gets the applicant
notice it gives the general public
notice it starts it's it's a more
routine activity and it starts the clock
running at a date certainly how
well because they're receiving it by
email
it also takes time to write these record
of decisions to make sure that we've got
everything as conditioned
yeah what he's saying is don't use the
word received use the word sent
see if you just said
that the record of the decision has been
uh uh
transmitted correct in writing to the
applicant
again
i mean i think that'd be safer
yeah
okay
what if you have a large number
what if you have the wrong email in the
sense they claim they never received it
because they're the applicant they their
applicant
because of our system
has been interacting all the time yes
it's our viewpoint so it's the software
you apply and then they
get an email once something's been done
well
yeah i mean but i mean
are you suggesting that we just say the
the the
upon the decision being made
they're the applicants
is
is with our legal counsel who advise us
on this
certified mail is no longer the only
standard there is electronic notice
that's allowed for
other course
so we're trying to
provide for that frankly certified mail
is more problematic in many ways
so we have a
we have a
form of communication that we've already
engaged with that applicant
that form of communication we can tweak
the wording based upon what you're
saying
it makes perfect sense um it may be
posted to the city's website and at such
time
the applicants show also received notice
from city staff so that that there's a
very different
verifiable uh
some of the contracts
some of the contracts that we
well my old company used to use it would
stay
you would say based on the date
uh that it would say
email sent certified like it actually
defined
what the what the notices could be
so maybe adding that language to it and
say the day that
the email was sent or the day that
certified
or date was faxed like it had like four
or five different things that actually
happened no that's a good question like
that i mean it was
you said they filed their application
through viewpoint is there a way for
that um platform to sort of explain the
steps in the process in writing and have
them agree that when you get a decision
it will come in this format so they
agreed to it up front
and then you
you know i don't know
i don't know
last year
it just does i don't know what i'm
saying
anything we do goes to that they get
notified
i know
but what we're talking about is not no
what we're talking about them basically
acknowledging that now they've received
their decision the thing that they
wanted more than anything else not just
applying for it i don't know i don't
know
so yeah that's true
yeah well yeah this is all about the app
so the other thing i should say is the
applicant in order to even get that
decision
either they or their representative was
present at the hearing
heard the record decision yeah agreed to
the record decision and saturday
if this is like an additional step
that's redundant
i like transmitted better and but i
think that uh
i think we understand the spirit of what
you're trying to get yeah yeah
okay
i think in general
the board would certainly
uh recommend approval of a change to
this section such as you're suggesting
okay which is how this whole ordinance
started and then when we turned to our
legal counsel to ask their perspective
on this then they were given
they're given the myriad of other issues
so
that's why god made lawyers uh that's
right
is it possible to utilize
for
major decisions like this as well and
not just you know for any of the changes
that karen was just saying would
trigger an email is it possible when the
notice of appeal goes out that
that we can also electronically text
because i'm just looking through what
ohio
ohio provides and um
text messages also constitutes written
notice here in the state as well so it's
just kind of doubling up
so this next section that's about to
talk about use a slightly different
language that might satisfy everything
we're talking about so it's going to
scroll to the top of page two
it talks about as notice is provided
through the city's application software
um
there's your certified map
or yeah we're just adding this yeah
because that's what we use now so it
alleviates the burden of having a
certified mail when it's already on
viewpoint
yeah that's another good then in that
instance you'd have a definitive date of
service
with no questions yeah that's just
appropriate
as well
yeah
that that's another good change though
in my
opinion and catherine's comment on that
verbatim is sorry kathy
uh
you guys and vaccines did not do
certified male 1
she
[Music]
i'm just saying if for some reason we
change and aren't using the actual city
zoning software to do it
we'd have to come back and amend the
amendments
i'm just saying if we did more of a
general electronic transfer language
then
we don't have to i mean if all of a
sudden the software company goes under
now you have to send it via a regular
email and then all of a sudden
we just get a newer software you could
you could call it like a form of
electronic communication generated by
the city yeah
when we wanted to start transferring
with our mind right
you can leave it i'm just saying that i
just was trying to avoid possibly having
to come back later yes was that an
insult about my uh
i mean i'm fine with it as is it's just
a suggestion
uh e
scroll down to section e we have
adding email
taking out the certified
i see the mail read the whole thing
clerk of course i'll give written notice
of the oral argument at least 15
calendar days in advance of the date of
the argument to the appellant and aptly
by
by what used to say certified amount now
says mail email
or personal service and then what's
stricken is and all persons required to
be notified of the hearing on the
application before the board appealed
from by regular mail and so
the logic of this change was that this
is simply giving notice that the oral
argument is going to be occurring and
under this framework
this appeals process doesn't it doesn't
allow any additional
witnesses
no it doesn't no it's not it's it's
available it's a public record that's
available anyone you know can in
retrospect go leave it if they wish or
come to hearing which
also needs to be published through all
the means so providing notice to
everyone that had noticed in the
original application doesn't serve a
practical purpose because
um and
typically everything that we every case
that we could think of when this has
happened
the um
you know the initial notice of that
appeal and the
notices follow
were adequate for people to understand
sure
now what
what about
would you post this on the
site as well
yeah and so you know that would provide
for notification to everybody
anyway because it's a meeting of council
is required by lots of people from the
site
actually really quickly i do want to
take back the text message comment but
this is just interesting that uh
notice requires prominence and uh
california judge which is not persuasive
on us but um in california they ruled
that text messages are very common that
there's nothing to highlight therefore
not prominent
so that might not satisfy those
requirements so because people get too
many text messages yeah yes i can
testify to this yeah
yeah
i can too
how many unreads do you have right now i
took the batch off
he sent me a screenshot he had 746.
you can read them without saying you've
read
[Laughter]
uh
the only thing we're striking out is the
bexley uh it just says
okay any appeal
right
uh obviously yeah
by a vote of simple majority city
council may at its sole discretion
decline jurisdiction based upon a
conflict of interest or perceived
conflict of interest or for any other
cause which council deems appropriate
should council decline jurisdiction the
decision of the board of zoning and
planning is deemed final and binding
okay so let me read that whole thing you
know people like to counsel and then
when you read the back stories consider
and determine any emotions filed
made procedural determinations and for
good cause shown
for good cause continue or amend
any of the periods or deadlines provided
in this section
except for the time for filing another
appeal which cannot be enlarged or
altered that would be perfectly fine
so now by a vote of the simple majority
city council may in its sole discretion
decline jurisdiction
huh
decline jurisdiction
based on a condition conflict of
interest or perceived conflict of
interest
or for any other cause which council
deems appropriate
huh
so
clarification please within our city the
visa
decision and if this was triggered this
final environment obviously an applicant
still or
or
still has the ability
to build its decision into the county
oh yeah many cities
so it's final within the
jurisdiction of the city
it could be appeal just to frank county
common police court yeah
this was um
brought up as an issue when council did
decline jurisdiction based upon a
perceived conflict of interest or real
conflict of interest
and it was remanded back to council
because the code did not allow council
to do that
oh really remitted by the quarter column
please back down
yeah and so because of that council
didn't have adequate members to vote
the
judge downtown felt that the cic
conflict of interest was not
substantial enough in their opinion
although every council member there had
voted
in favor of development already as a
member of the csc yeah so um it just
felt
to those council members
that yeah
that they they weren't in a position to
sit in that
so what happens if if let's say you have
a council meeting and there are some
conflicts of interest maybe the guy
works for arbiter's uncle or something
and he abstains he or she abstains right
and let's say that happens to a couple
council members
does council lose the ability to make a
decision if two or three council members
abstain or recuse themselves what
happens
then
they could still go to the majority so
they need four members
for a quorum
okay and then they need three out of
four
yeah but i mean they'd have to have a
majority obviously to pass anything
but so if there's not a quorum what does
council do
right
yeah in this last case it got sent back
to calisthenics
yeah but i'm saying on other matters
just any legislation if if if
there's legislation that's being
discussed and three people feel like you
know i work for
such and such a company and i have to
pull myself out i don't know that hasn't
happened
yeah that's interesting
i have a question about
just this is more about about kind of
that process just actually
for cic i thought there was a limit that
you weren't supposed i thought it was
supposed to be
like a separate entity i didn't realize
there were three council members on cic
i thought it was supposed to be like a
it because because i always thought it
was separated from the city like that's
how they can do some of the things they
do
but then it doesn't make sense to me
that if they're separated from the city
that there's three council members
on that committee that doesn't really
make sense to me ohio statute requires
that at least 40 percent of the members
be elected officials from the case
okay
so
here's the
it's not a true conflict of interest
because council members do not have a
financial interest right
right so
while they have already
voted in favor of something it's not a
true cognitive interest it just doesn't
make for a good court i mean it's just
not a great
process
right and that's why perceived conflict
of
i see
so is this more or less
i'm just asking
so we know what this is based on the
decision that happened
do you what are there things besides cic
where you think this could come into
play
that
i i'm just asking if there's something
out there that we're missing or
something that i'll say you took into
consideration about making this change
that
yeah
we've had businesses come into the city
elected officials have been investors in
the business
and
there have been decisions they've had to
recuse themselves
that's never shown up as an appeal but
it could
and i don't also don't think we've got a
point where like the majority of
councils invested in any business but it
could happen
and i think it's an interest in public
interest
and based upon their own
statutory requirements for council
members and their ethical
guidelines to be able to step away from
those cases more likely
you would have that there would be
different reasons that different people
would have to abstain or refuse
themselves right one person is a
relative one person is a next-door
neighbor one person works for the same
company or whatever you know and you and
you have to have some several council
members
restrained from voting because of
different reasons then you might get
yourself into that situation right which
is actually what happened
initially
the fourth member
had spoken out their opinion publicly
about what they felt
so
they had
so should we also look at n is that new
too
yes okay
so an appeal has been filed and prior to
any final determination by city council
the zoning officer
shall suspend any active permits
pertaining to that part of the
application that is under appeal and
shall withhold the issuance of any new
permits
pertaining to that part of the
application that is under appeal
makes sense
standard yeah
i think that texts
right
right absolutely yeah
is
the the is it hard for the city
zoning officer
to uh
interpret the section that says
pertaining to that part
of the application
because these applications might have
numerous aspects to them but
is that a
gonna be difficult for you
no
that makes good sense
just trying to help just trying to help
i get it
all right cool any other
suggested changes
not with this but the mayor is going to
speak i think our ordinance
yeah but not with this so yeah i think
so the action
tonight yeah i'm taking
you know i don't know why there's this i
think it's a new zoning board
so i don't know if you guys were
comfortable recommending this council or
not subject to the
conversation that's occurred tonight
oh
so
i i think i mean as a whole your changes
take them all into consideration
are we are you comfortable for instance
with that one
change that we have made
uh recommending approval do we have
anybody that on the board is not
uh feel like they're ready to vote on
whether to recommend approval or not you
can vote no of course but
okay then why don't we uh why don't i
entertain a motion
to
approve all of the suggested changes as
modified in our discussion tonight
um to city council
is there such a motion
thank you ms mitchell second mr shik
um
i think we should call the role on this
one all right mr schnick yes miss
mitchell yes mr turner yes mr marsh yes
mr hall yes mr levine yes chairman
behold i vote yes also so
the matter is a is a approved by the
board for recommendation of city council
thank you that's right beautiful and let
me tell you something
i appreciate the swiftness of the action
maybe it is the fact that we've got
somebody who's familiar with the
situation
and with laws
on the zoning board but on the zoning
committee i should say but
these kind of swift changes
that uh
are are very excellent and and
defy the rule that government moves at a
sloth's pace
so i appreciate them
i appreciate that
that do you want to talk about soil
that'll be third
is
um
primarily an adoption ordinance for the
livingston avenue plan
but
unlike our our typical adoption
ordinances for plans it also has an
immediate um
takeaway
to the online version of the livingston
i've been playing but essentially if you
go to
page bottom of page two of this
ordinance it takes
what is currently
the main street design guidelines
because there are no standards in
commercial service for livingston so it
points to main street design guidelines
as a document to look at but main street
design guidelines are
um
still great but they're 20 years old and
they really pertain to main street right
um and it it replaces supplants out with
the 22 2022 joint livingston avenue plan
so
is everyone familiar with the joint
living staffing plan or do i need to do
a quick recap on that
alicia is a alicia so i think we're all
you're wondering if i'm supposed to
recuse at all just because of
how
ingratiated i am with this well you live
on livingston and i live on your
steering committee member but the
steering committee is a advisory
committee it's just
it's i don't think that you have a
conflict but
i'm not giving you legal advice the only
person who would not might not be is mr
hall who's just uh but you're certainly
familiar with what is going on
the city of columbus and the city of
bexley are sort of combining forces to
figure out
right and the the speed of this of the
street and other things as well yeah and
so specific to the
specific to the zoning
area this commercial service area
a lot of it has to do with setback from
the street uh providing for an adequate
pedestrian right away in front of it
because right now there is not one
um providing for some tree line space or
some public space in front of buildings
um
you know really encouraging buildings to
be built to that frontage that's like
main street and the park could be to the
rear
and encouraging um
circulation streets down the road to
kind of eliminate curb cuts so you guys
just had a real world scenario last
meeting where
the
former lucky lotto building came forward
and uh we had that you know
recommendation that you allow a variance
for even less than they're going to put
there
on the ifcom that that right-of-way ever
get installed so that's it that you
already did congratulations yeah that's
a that's an example of what would happen
as you look at those guidelines and you
review uh
so it codifies it
gives it the force of
the zoning code and then on page four
there's another
um
actually i'm sorry i was incorrect page
four is where the mainstream design
guidelines
are referred to in terms of landscape
features the first one i looked at was
design standards there were no design
standards so it provides for some design
standards
that's where you see mainstream design
guidelines
so as we were talking about accounts of
tonight we realized this is indeed
designing change and
one would want some b-zap review
um it had a first reading
on
uh tuesday last this tuesday night
actually and which means the fourth
reading is not until
the fourth
tuesday
which i don't have that date off the top
of my head
fourth tuesday
28th 28th
of june so you actually are meeting
lucky you you're meeting before
the fourth the fourth tuesday in june
so
certainly i just threw a 100 and some
page document at you guys and said do
you think this is a good idea
so i i think it's
obviously makes a lot of sense if you
want to review that a little bit
first before making a determination
yeah
i just want to say it's on the record
but i really like the phrase tactical
urbanism
thank you tactical what disturbance i do
too
tactical urbanism all right
and it didn't actually specifically make
its way into plan because columbus was a
little squamish about this concept but
one of the things that we talked about
for tactical urbanism so one of the one
of the
less desirable assets on livingston
avenue is the fact that you have
power poles aep poles on both sides of
the streets just like kind of looming
over the street
so a tactical urbanist concept is to
take those poles and
engage with artists to paint them and
give it like this kind of cool artsy
look as you go down the street sort of
like embrace embrace the bulls because
they're there
so that's tactical urbanism so is
creating like
you know
temporary uh bike parking areas or
little like pocket parks just doing
things that are
what we've done even um you know placing
flower baskets in unconventional places
which they were doing this morning i
noticed when i was driving down main
street
yes
and back on the moon
all right i mean so i i'm
suggesting maybe we should wait till we
have
i mean i'm not i'm just saying that's
you know it's a lot of document to
consume i think it's been through a
pretty thorough process um
council obviously this this would
approve that document as well which is
beyond that
so
i i just don't want to push you guys
anything you're not comfortable with but
if you're comfortable with
recommendation then obviously that well
let's let's hear as uh is there anybody
that is
not comfortable with voting one way or
the other i'm not saying how you're
going to vote now but not comfortable
that we're not in other words that we're
not adequately informed to make a
recommendation to city council
i prefer to wait okay that's that's my
opinion anybody else i prefer weight
okay yeah right i think that's sensible
i i just want to say i support waiting
because i think um
if you really delve into it and really
um sort of understand what's being
proposed i think when if and when it
comes before this body in any way shape
or form just having that opportunity to
really understand it now we'll will aid
you well um
it's a great plan i mean i'm a lot
closer to it and have seen the evolution
of it so i think it'll be great if you
have the time to really delve into it
and study it and even propose questions
that you might have about it okay that's
great
and i think it'll give more meaning to
our recommendation as well
it's also if for some reason that link
is hard to work out it's on our website
under documents
documents what
uh documents and then there's a uh
there's a um
under documents under documents
documents
and then there's a folder called
scrolling down earlier
okay
is it one of those or is it all of those
oh i'm sorry it's 20 21
21.
there it is okay
so i found it we've tried to attach it
to the agenda but it's 53 megabytes
oh okay
so this will be on our june 23
cool that makes perfect sense and then
the solar panel ordinance um
i was we were hoping to have met with
arb members before this meeting so it's
been
um
it's
i think it's happening next week maybe
june 1st okay so
i would prefer to hear
from that workshop if there's anything
that kind of comes out of that for you
guys to hear that before that
recommendation
cool
yeah for sure that makes sense yeah
so
all right
good and then between me now and then
matt and i'll cook up like five more
second order
that sort of that needed a little
cleanup and you guys are doing it we
appreciate that
all right
yeah all right something like that thank
you for your time
thank you thank you councilman klingler
thank you mayor kessler we appreciate it
very much
all right is there any further
business before the board ms rose
boker
members of the board if not i entertain
a motion to adjourn
ocean thank you motion
motion
automatically passed
your
bless your