but
all right
it's 6 p.m we can get started if
everybody is ready ladies and gents
yeah get that turned out
all right
I will call to order the October 2022
session of the Bexley Ohio Board of
zoning and planning
and if we could take a your microphones
by the way are red if you're they're not
on in green if they are
so pay heed to that and we'll
take a roll call
of the members
Mr King here
Mr Hall here Mr Turner Mr Schick here
Mr Marsh here Jeremy bingo I'm here as
well
thank you I want to uh make a couple of
comments um
that we should probably do with all the
notices and we're going to start doing
as a result of meetings we had here
recently but the board has a zoning and
planning has adopted a set of rules and
regulations uh rules for order and
conduct of business they are available
online I would assume
um the
dictate the the rules that we conduct
the business by the probably the most
prominent of those rules or the most
important one is that speakers are
generally limited to three minutes uh to
make their pronouncements now that's uh
not true of board members of course who
can ask questions uh and and make their
positions known but it's true of uh or
the staff when they're giving us a staff
report but nonetheless it applies to
others now the applicant themselves will
have a chance to make their presentation
and then uh rebut anybody who speaks
either in opposition or in in favor of
their position
so with that in mind
we have the first uh first uh
matter on the agenda is to allow public
comment not with regard to any
particular case but just with regard to
the operation of the bzap if there's
anybody here who wish to make comments
please come forward and you can have the
mic
seeing no indication of such move to the
approval of the minutes from the prior
meeting has everybody had a chance to
review the minutes of the prior meeting
are there any alterations modifications
additions or deletions that anybody
would like to suggest
if not I would entertain a motion to
approve the minutes of the September
meeting
so moves second
thank you Marsh
all in favor as Mr King making the
motion Mr Marsh with the second all in
favor of the motion please say aye aye
aye all opposed the matter is passed by
acclimation
and the minutes of the September meeting
are approved
the
first matter
on the docket is old business
and
is is
bzap2235 tabled
all of these are all three of these are
tabled
okay so we go right to new business then
is that but I want to note that 545
North Drexel is tabled to a certain date
which would be December 1st
okay it's table to a date certain
already Yes December 1st which is taking
the place of the November meeting which
would fall on Thanksgiving Day
ordinarily okay
all right
and the other two does it matter when
they're table two
uh we could table 2735 Allegheny two
certain date December 1st okay we're
hoping that they only need architecture
review but we can go ahead and do that
and table it then at that time if they
don't need it okay
okay
do I need emotion on that
I think it would be good okay is there a
motion to table
bzap-22-39 involving 2735 Allegheny
whose applicant and owner is Curtis
Allman
so moved SEC is there a second please
check thank you a second Marsh all right
the uh all in favor of tabling please
say aye
aye all opposed matters table till the
December 1st meeting thank you
about South casting him
no I've informed him that he needs to
resubmit a new application for just a
portion of the last application that was
already resolved okay cool
I have a question about the old business
the is
the item a on the old business is that
the same person that was at the last
meeting but it's a new name
isn't it yeah oh no on my screen it's
it's
the applicant name is on there twice
well that's weird the app and owners
different the owner is different you're
right the owner is here's here I think
his documentary see this right I see
that okay and I spoke with Muhammad
today okay so that's who was represented
maybe it's just yours is the same
typographical party oh interesting
all right oh that's the printed agenda
that's and this was the actual last
updated app got it okay okay you go to
the website instead of going to the
agenda and you just go to the link okay
got it yeah foreign
thank you
under new business we have application
number
bzap-22-41 involving 317 North Columbia
Stephen schwope the owner of the
property is Jennifer and Seth kameyer
is there someone here representing the
applicant please come forward
the request is to seek Architectural
Review and approval to allow a single
story addition to the rear of the house
and a new covered patio at the rear of
the house along with a new pergola
structure the applicant is also seeking
a variance from Bexley city code section
1250 2.09
in the R2 zoning District which requires
a 15-foot side yard setback and a
50-foot rear yard setback to allow the
one story addition and a new covered
exterior patio at the rear of the house
so they're seeking Architectural Review
and variances
sir if you would state your name
Steve schwope architect okay
and Steve would you raise your right
hand be sworn you swear or affirm that
the testimony you are about to give this
evening to the board would be the truth
the whole truth and nothing but the
truth yes thank you very much all right
says Heidi Dorn in front of your name
there but I know that's not your right
oh I moved you moved okay
Kathy give us a little rundown on
on this from the staff perspective
please okay I do want to point out that
originally when this application was
submitted it included a Pergola that
went along the side yard and connected
to this open porch that they're
requesting to add to the rear of the
property
um it did note on there that that was by
other and being we didn't have any
discussion related to that and I thought
it was a big ask
um I'm not including that as part of
this request because we've not been
discussed by architecture review so I
just wanted to make that clear so it's
not part of tonight's uh agenda is that
correct the pergola
uh I would like it to be but if if it's
if it's not appropriate to do so I I
think
I don't have any elevation okay I I
don't believe we have enough information
I don't have an elevation and I only saw
one uh site plan that included it yeah
so the um the owners intending on this
to be kind of future work in a different
phase at a different time I see it was
important for for me to at least
uh if we could lump it all in and same
Visa meeting that would have been more
efficient but yeah but if we have to
come back that's certainly something
that or you could come back for the
whole thing at once if you'd like as
well but uh we'll just we'll table that
part of it for now and we'll okay focus
on the the other part all right okay so
when we say table uh is it part of this
application
or I've actually included in my staff
report to make sure that any
recommendation or decision made this
evening excludes the pergola okay is
that okay that should be submitted
separately I think because just to keep
it clear is that the pergola on the sun
right there it shows up on one around
the AC units that's it okay yeah and
it's like one foot ten inches off that
property line which is going close is it
on the cycling that's the only place I
yeah it's not on that one and there's
only on the floor plan and there's no
elevation so we really can't critique
something that's not right okay
regardless
um there's a an area site plan too that
might be helpful in addition to the ones
I find that Karen that's also showing
um this property uh there's an auto
Court located in the center of the lot
the principal structure is located off
center into the north of the north side
of the auto Court portions of the
structure currently are
anywhere range from 12 feet to as little
as eight and a half feet off that North
Side property line
at the lot to the north of this property
is where the governor's mansion is
located and that lot fronts on Parkview
making North Columbia the rear yard of
that lot
so this house at 317 North Columbia
fronts on North Columbia and is
basically sitting next to the side of
the governor's rear yard okay that makes
sense the top part of this drawing on
the left
if I were to go beyond the top I'm in
the uh to the right yeah right so it
says that North is to the right in in
this picture do you have that oh there
it is it's in my staff report I do have
a site plan and Karen will show that the
big end at the bottom yeah
yeah so the lot just north of here
there's a lot fronting on Parkview and
then there's a lot running on Columbia
yeah both sit next door and the center
one that fronts on Boston
so yeah the proposed Edition is right
here got it okay and there is nothing
it's Gardens and nor will there likely
ever be yeah right here but Gardens and
Landscaping so I thought it would be
good to show that as perspected with the
neighborhood is the governor coming
tonight to talk about this application
as a taxpayer that's my property so
you'll be here voicing the governor's
opinion
we all do don't we yeah we all have to
excuse ourselves yeah exactly right all
right okay so the one story Edition
proposed is proposed at 40 feet from the
rear property line so it requires a 10
foot variance and would be at the same
rear set back as the existing principal
structure
it was
it would like I would like to note that
it's also partially infilling
um
what would fall within a small portion
of that proposed covered patio
so the covered patios proposed at 35
feet nine inches from the rear property
line requiring a 14 foot three
interference and it will be 13 feet 5
inches from the side property line which
would require a one foot seven inch
variants although there is a variance
for this addition that does not encroach
into the required side yard setback as
much as portions of the existing
enclosed living space the space would
provide a covered outdoor kitchen for
entertaining alongside the pool and pool
deck currently under construction
uh there was a lot of discussion about
the design of the covered patio at the
ARB meeting and I'll defer to Karen as
to whether any of the suggested design
changes were implemented since the ARB
meeting the location of the principal
structure is not typical should the
board find that the requested variance
to be appropriate it should not include
the pergola shown along the north side
of the principal structure as part of an
approval
Kathy
um looking at the drawing isn't it nine
feet six and a half off the property
line if you look at where the dashed
line is that looks like well there's an
older King yeah that's the overhang
and the post is actually the 13 feet 5
inches so code allows uh overhangs and
soffits to go encroach two feet into
that setback
okay but
but there's been there was so much
discussion at the ARB meeting about you
know extending certain portions of that
roof that I don't know if Cameron's had
an opportunity to determine if that's
happened
um no we talked today those details
aren't done yet
um
and I think that's understandable
because we wanted to get the variance
first none of the details that we talked
about at ARB really have any kind of
substantive effect on the dreams it's
all about softening the the
um the rafters and giving them in detail
um
equalizing the overhang on all sides but
I believe that the size would be
extended would be towards school not
correct towards the West right so that
that wasn't really affecting that side
but there were a lot of details that we
went through at a level that is
um you know a complement to the
architecture because it was it was all
above and beyond what we normally do but
it was a great conversation and ways to
soften the rafters and tie in details to
match the home which is just gorgeous
um and to really maintain those kind of
details
um and I can't recall were they wanting
to see the end results of the design
changes
I can't remember if we
able it
no I think it was conditioned on
okay with your with your help on me make
sure that yeah
just to let you know that the revised
cycling now has the revised Dimensions
to uh
I don't get
formally implemented as part of the
application
okay I'm happy to go through any of
those details but I mean just they were
very detailed details
what kind of details don't have to do
with your footage or placement
they had to do with tying the
architecture into the beauty of the
existing home with fine details on
rafters and overings stuff like that so
would be I mean they are asking for
approval of the
of the architectural work here from us
so do you feel like the Architectural
Review Board gave it a passing grade yes
they would they would request that it's
conditioned on me reviewing the changes
and if I'm uncomfortable with them I
could take it back to actually do one
okay but I also wanted to say that from
a not from a zoning perspective although
you know it's kind of six one half dozen
the other there was something about the
the architecture of
the structure that close to the side
yard setback didn't give anybody any
heartburn and architecture review board
because there isn't another structure
right there so not I'm not really
talking about your job them doing your
job sign that permit from a basic
perspective there is no other structure
to take into consideration in care nor
will there ever be I don't think so
I hope you know the state budget goes
down in the government saw of a couple
square feet back bring everyone
foreign
all right
what do you think what what should what
should we why should we pass this well I
think the um I think the homeowners are
if you look at this site relative to how
how's it situated
um on the lot and then
they're they're up against it as far as
the outdoor amenities face that's would
actually be
cut money into the house and this one is
in this particular case they the
homeowners are are interested in
creating and energizing their backyard
which it doesn't a whole lot whole lot
of it exists begin with so this is the
usable space is
um by fault already
doesn't meet the what the existing
zoning code permits
um which I feel
you know puts them at a disadvantage so
the obviously the the amendment to the
zoning on the property to allow this
would really allow give them that that
outdoor living space that
everyone else kind of takes her takes
advantage of you know giving a house
that's normally situated on a lot of
this size
pool's already there right who's there
there actually used to be a pool
on the Left End
of that site plan that was removed
over the years
and currently installing this newer full
there is a pool that's directly west of
that on the other side of the fence the
rear property of the adjacent lot has a
rear yard with a pool on it so the two
will be right there in one another
um
that really
the existing house doesn't quite meet
the setbacks as it as it states today so
they're already added a disadvantage
when it comes to being in compliance
um we feel like the
the magnitude of the ask isn't really is
um it's not as
severe is probably what it would be if
it was on the front of the house or the
side that's open
um so
we feel like it's the extent of the of
the addition it's well gets within the
character of the existing house that has
to sees today
upstairs
well one story addition it's not that
big
is it
no it's not it's uh it's just enough for
them to
um engage with their backyard and make a
connection all that part yeah this is
the actual enclosed area
the patio um certainly is just no I'm
talking about being closed yeah I mean
it's just an amenity for the usability
of both the outdoor patio and the pool
area so what will that house I can't
really tell uh so one would be the
bathroom uh an outdoor bathroom gets
kind of engaged you know and the three
seasons that they use the patio space
um storage itself will contain all the
equipment
um that you don't necessarily have
dedicated space for currently
um you know the place and everything
else was just another way to add and add
some amenity to that outdoor patio and
um
kind of ties everything together
and it's a focal point
so the other side of the patio the
outdoor kitchen
um there's a you know there was a does a
couple things that gives them obviously
that usability outdoor to host or or you
know to have outdoor outdoor dining but
gives that outdoor patio a little bit
more privacy even those as Karen alludu
earlier there isn't a lot going on next
door in the north
um
how close is the house at the closest
point to on the Northern side to the
other craft lot what's that just
that would probably be a
living room addition they put on years
ago before I was born no I don't think
so just to look at them
you look relatively youthful yeah well I
think we appreciate that
everybody hears your comment I'm sure
don't worry about that they are I can't
say what certainly mentioned is but you
know say they're flirting with
um there's a walking path that goes from
from the back on that side so they do at
least have
three to five feet I would assume I
think three feet I came across a couple
different plans one should have an
addition I didn't know if that Edition
was incorporated into this footprint but
I did see one that did say five feet
that included the addition prior to that
than it was the eight and a half feet
yeah that um there were multiple
editions on that North Side one in the
living room in the kitchen being another
um
yeah
it was specifically done inside and it
serves them well
this was
the extent of the outdoor patio was
simply
complement that that building line that
was already established so we'll
was a bit of that driving Factor at that
point
what's that a picture of right there
kitchenette
most of that Adam's picture looking
North when you're standing inside the
patio so they have looking North when
I'm standing inside the patio okay so
you'll have an outdoor kitchen with a
um basically working countertop uh with
all of their appliances and and storage
that they need for outdoor cooking
this is all that would be all undercover
though underneath the overhang
okay so it's not depicted on this site
plan but it's
probably on the floor plan
right here so if you're standing in
there you're looking at this and you
come beyond that AC
um
did you so if you're standing here
yeah
I just don't see it here I see the
bathroom and the no this is the
kitchenette okay we're on the side I see
okay who's looking at the governor's
yard
and that's standing right here looking
out
so what does the uh Shrubbery or the the
plantings along the north side what do
they look like
if I were to look to be looking at the
new edition here from the governor's
mansion from the backyard from the
perspective of the governor's mansion
they have a they have a six foot high
privacy screen for a fencing up all the
way across that North Side so you're not
you're not able to see back and forth um
okay I believe on their sideest it is
the garden so there's your ample
vegetation screens
from all directions there on our on our
side of the property there's an
excessive Landscaping
plan that's going to be presented to the
ARB
um come spring just to help you know
right before they start doing their
plantings but there's a there's a scheme
that's intended to
fully block
the view of the fence the view of things
to the north yeah even though there's
Adventures that's something that Orlando
looked at
okay
um
and you can kind of see in this thing if
they need these photographs that's
probably the best one you can kind of
see how heavy this foliage in the fences
um that separates the two properties
[Music]
and I I'm sure there's security there
too
[Music]
um
don't let me see that yeah
so here's the backyard
and then there's this and I wonder when
you look at the way this greenhouse is
laid out if this lot wasn't split if
there wasn't
you know because a lot of these houses
particularly when you look at you know
the way it was that's quite stuck on one
side of the lot if if there had been
more land to the north originally and it
was in the middle of two Lofts or
whatever but yeah I think it's a I think
it's a very nice application and given
the lot layout in the screening that's
there I don't know I don't have any
concerns
I would like to come over for a cookout
maybe
we'll send the invitation for sure
the architecture review board loves
these Dormers so much
that they're calling them we can't win
their Dormers yes
well he's in the building business isn't
he the owner yes he is all right
well is there anybody in the audience
that is for or against this particular
application
all right I see no indication of such
members of the board questions comments
if not I think we can
call the question
uh do we need two separate votes then or
not on this one we've got to group it
all together can you okay I think we can
yeah
so finding some fact and decision of the
board for application remember
bzap-22-41 for property located at 317
North Columbia on consideration of the
application proposed variance and
evidence and testimony before it the
board finds the applicant has proven
that the criteria to Grant the area of
variance in Mexico section 12 2611c have
been met and a 10-foot variance to the
rear yard for a room addition
and an 18 foot one inch variance to the
rear yard set back
and one foot seven inch
experience to the side yard setback
under brexit code section 12
52.09 R2 zoning
could be granted to allow the room
Edition and covered in porch Edition
with the following condition that the
pergola is not a part of this approval
and can be submitted under a separate
application and two final design review
is subject to review and approval by the
design consultant based on the
recorded decision from the architecture
and Landscape plans to be reviewed by
the landscape consultant right that's
number three to be reviewed and approved
or those conditions acceptable to you
one clarification the landscaping and
hard savings that Aid is that a board
hearing from the ARB or is that internal
yeah there's a staff that's like my
equivalent for landscape so they're
that's strictly just been in staff
review staff review and approval now
does do they have to file another app
another application with another filing
fee to get the formula done
um yes
um well unless you feel that we should
weigh back
we anticipated a variance per item and
I'm not I could double check to make
sure that was even covered on there
that's why I was kind of surprised
because it never was disgusted angry how
much is the fee
it's 90.
don't forget their staff time involved
so go cut the board uh stand some a
um
review the review the pergola from a
dimensional standpoint only and approve
it based on a conditional approval from
an arv so the variance could
I think all we can do is give you a feel
for what the board if the board members
have a feeling based upon the
information they have
they can give you that sense
and that's probably about it because we
have to have a formal
uh
review about the staff first and then
they presented to us so I don't think we
could probably do that but especially
when I included in my staff report and I
I just feel it's a big ask being 10 uh
one foot 10 inches from the property
line yeah also the drawing says the
purple is by others she said is it's
something just a different others and
um
but I didn't understand what you said
well
by others okay I just wanted to see
whether he was even involved okay but
he's involved in the design not the
constructions yeah I think the main
thing also is that it has to be publicly
noticed yeah
so we need to have exact numbers yeah
the government might want to come talk
about it
I don't have any concerns ever unless
the governor shows up
okay we were being a little a little
facetious here but nonetheless because
uh anybody have any other difficulties
with the reading of the findings of
conclusions of law
in which case uh can I have a motion to
approve the funding to find conclusion
to the wall please
second Marsh thank you gentlemen
um
yes Mr Turner yes Mr Hall yes Mr King
yes Mr Marsh yes Mr chairman B Hall I I
just want to say that the juxtaposition
of the main house to the north property
line being so close already and
um
the fact that it's not contiguous to
anybody's home or property has an impact
on my vote I even noticed the property
to the West is located at the uh
other end of their lot so for that
reason I vote Yes as well
and the matter is
your application is passed with regard
to everything but the pergola terrific
and I think now you're going to have to
go through the process of the pergola
and that's perfectly fine we're happy to
do that so appreciate it thank you
thanks for the nice work this is a nice
project
okay
the next case before the board is
application
bzap-22-40 involving 295 South Dawson
and uh
the app again is the Ryan brothers
landscape coming it says here Ryan
ruthers but I assume that's the brothers
and uh the uh I also don't know what
happened with the font here no well you
know we won't let that compare our
ability to make a decision here uh the
the applicant is seeking uh variants
from Bexley city code section
1252.15 G1
accessory structures and uses shall be
permitted only in the rear yard and
shall be at least three feet from all
property and right-of-way lines to allow
a hot tub and freestanding sauna to be
located in the North Side yard between
the house and the driveway
a lot in question is about 80 by 180 uh
oh no it was yeah 80 by 180.
so Mr Ryan
if you'd come forth
your name Pat Ryan Mr Ryan do you swear
we're affirm that any testimony you're
about to give the board this evening
will be the truth the whole truth and
nothing but the truth yes I do thank you
very much
Kathy we'll listen a little bit here
okay so this is the R6 ending district
and lots are typically 50 foot by 120
feet this particular lot is 82 feet wide
and 180 feet deep
so with uh the fact that this lot is
well accessory structures are required
to be in the rear yard set back three
feet from the side or rear property line
however spot requires the additional
five feet for a total of eight feet
back at this lot is 30 actually 32 feet
wider than the average lap most likely
contributes to the applicant's request
to place both the sauna and Spa and the
side yard between the house and the
driveway this provides a 20-foot setback
from the property line for the sauna and
a 16 foot eight inch setback from the
side property line for the spa
uh the opportunist submitted a landscape
plan to further screen the structures
from the street and the neighboring
property
staff feels very sees very few requests
for a freestanding sauna right the
barrel style is charming and unique in
design the Chief Building officials only
comment was to have the applicant
provide sufficient information for
proper anchoring of the sauna
particularly because it's round
if the board finds that the location of
the sauna is in the proposed the
proposed side yard space appropriate to
Grant a variance I would add that the
landscape plan be subject to review and
approval by the city's landscape
consultant and that the information
related to the anchoring of the
structure also be provided with the
building permit application
all right
Mr Ryan tell us what they want to do and
why they want to do it where they want
to do it thank you chairman the they
have moved from actually I think from
Boston if I'm if I'm um and they lived
in a brownstone with no backyard moved
to Bexley he's got all this yard he's
really excited about it one of the
things he's always wanted was a barrel
sauna
um and look for the original we were
going to put it on the south side of the
house that's where when their initial
consultation they wanted on the south
side and they just didn't have the space
that would have been a tough sell uh
because the distance between the house
and the property line and they're going
to group both of them so we Revisited
the idea of having pushed over to the
north side where you have plenty of
space as far as a setback goes because
it is a wider lot
um and then also just from like a
functional standpoint the bathroom the
closest bathroom is right off the screen
porch so whenever you I at least for me
whenever I get into water or you know
sauna you're going to be half naked and
I try to get to the bathroom as quickly
as possible she's got traipsing around
everywhere so that was one of the
reasons that we did that and then also
to tie in
um a living space as well and have it
all kind of grouped there on the west on
the north side of that property uh it is
very heavily landscaped already they
have very mature
um I don't think they're elegant
Testament chairman but I think they're
green they're on the same variety that
you have at the house
um so they're 20 feet tall
um and you wouldn't see it and then on
the front side of that the uh fans we'd
plant really tall Evergreens so that
would be blocked basically on all four
sides
okay
anybody in the audience for or against
this application
I should say who has standing
I see no indication as such
members of the board questions or
comments
the only question I have is when you
leave the sauna you have to go out on
the driveway to go around the hot tub no
so we are actually going to change we're
going to put a door
um in the screen and porch we're
actually going to put a door coming out
of the of the screen and porch and head
directly to the sauna so you enter into
there you come around and you enter
basically into the bathroom same thing
with the hot tub
so I'm sorry where's the dog the door is
right where that six inches is it's
going to be to the left okay of that
that little like where it Jets out into
the yeah the that side
none of us have this
there's a bush there but uh since change
we're gonna come straight out and then
over
sure excuse me
to the West yeah
I want to lightly shaded uh that's all
vegetation it's very thick yes yes
I know where to go and the whole line
from the gate over is completely covered
there's a little bit of space where they
have like a firewood rack but then we're
gonna plant and then above the firewood
rack is all green and we're going to
plant below that so you can't I mean you
have true
screening natural screen on on the north
side of it
and I'd like to point out that a lot of
times accessory structures in side yard
concerns sometimes are related more for
like fire equipment but in this case
you've actually got a whole driveway
next to it that leads to the backyard
so I'm at a loss for where the three
feet is where the setback is that we're
worried about I'm not sure there's no
encroachment on the setback they're
they're they're the required the minimum
setback in an approved location is like
three feet or eight feet from the spa
and in this case that's why I wanted to
point out that the saunas it's 16 feet 8
inches from the property line so it's
way further past the way right and the
no the sun is 20 feet and the yeah about
17 feet for this for the spa yeah
so there's some pretty big trees in
there are you taking those out yes yeah
there's a Hemlock that's failing oh that
one right there that's coming out it has
um in the delligent that's eating it and
frankly it just kind of looks pretty
ugly it's bent
um that one's gonna come out and then
there's uh one I think to the West if I
remember but I think that's either like
a red bud but we're going to replace it
with dogwoods and I think another
Redbone if I'm if I'm remembering it
correctly
is that in your landscape plan
so is the is the tree and garden
commission gonna have to look at that
have they looked at it already
I was going to have Elena review his
landscape plan
um and and I know that they're they hate
to see loss of caliper and anytime that
they can replace something substantial
with something else that's to be good
for your business exceptional they're
Brandon said and if you take a caliper
tree down
getting the owner to agree to to plant
another tree to obviously you're not
going to take a 30 inch caliper replace
it but love to yeah you can find one
right there but replace it with
something that's appropriate okay and
another so that we don't lose the canopy
is the concept I um yeah next is a
special place for that reason I'm full
yeah I like that idea you ought to be
the number one cheerleader for that idea
I would think I just like Curious I mean
yeah I do make money off of it but I
also like them a lot yeah I appreciate
it I hate to see him go get more than a
monetary interest a love a truth oh yeah
oh yeah absolutely
what's the plan for the plantings up
against the fence taxes hex eye and
they're going to start out at five to
six feet tall it's a upright Evergreen
that is a quick grower doesn't grow very
fast it's more
um uh vertical growth habit and they'll
have immediate coverage and it'll be
something that they're going to put some
money into that knowing that they have
to scream it and they want to screen it
too they don't want to people peeking in
I know it's going to be kind of sticking
out like a sore thumb being a cedar
rounded sauna how far does that how does
it get oh well I mean they'll get 25
feet now we'll keep them pruned at the
fence line so they don't get crazy but
they're
they're monsters when you get to them at
the you know in state
you see him over Bexley
is there any other example in Bexley um
a song like this that you know the the
last one that we did was an Upper
Arlington
um yes
well it's not like this but there is one
at Drexel and Clifton the southwest
corner in the backyard uh
Clifton but it's more of a box like
Square yeah yeah this one's truly unique
and I don't even think that one's
screened it's just an accessory
structure in an appropriate location so
well uh any thoughts or suggestions or
issues that you see
with this application of board members
any more questions than Mr Ryan the only
thing I would I don't know whether we
can put in there is it can be landscape
screening but I think we need to make
sure it's screened it could be it needs
to be screened from the street I mean I
I think it can be great escape screening
I mean you're saying that but trees die
good for your business but um but I just
don't know whether we're going to put it
something in there to make sure that
there's well I think you should put the
condition that the landscape plan should
be reviewed by our landscape consultant
yeah landscape consultant okay let her
do we have to worry about that like five
years from now if the trees die that
they replace them
you have to worry about that everywhere
and the landscape plan on this has
actually changed we have actual
Evergreens right now and I'll just
resubmit that to you Kathy but it's it's
more Evergreen than it is flowering
knowing that we're going to have to
block that fence and we're going to have
to have to screen that fence from the
East to the West well I I think the way
we should draft it is that it's
dependent upon the landscape uh
experts
oversight with the idea that we want
some screening
from the street I mean if she thinks
that it shouldn't be screened from the
street that would be okay but I think we
should put in our condition that we we
do want to see an appropriate landscape
approval for
and now we're looking at where it would
be so we're looking at the street out
there is that correct correct so
somebody driving by there they've got
the tree that's already out there by the
street that's going to remain
but some of these trees in here are gone
correct the big one right there that's
the face it looks okay right now until
you actually see it it's pretty it's
starting to thin out pretty pretty
rapidly okay yeah
so that's coming out that one's coming
out yes okay
I think you just put the
addiction that the
to be reviewed
yeah yeah that's exactly how it sounds
that's a good way to put it reviewed for
screening from the street
I mean I don't know what whether that
Barrel looks good or doesn't look good
but if it's screened it won't matter too
much
all right so can you walk through what
the real hardship is with putting this
in the backyard where it should go the
backyard it's it's not as deep as it
seems they have a ton of I mean the
actual linear footage seems like it's a
decent amount but they have a huge
um Evergreen like hedge back there
Norway spruces that are sticking 15 feet
out into the yard
so and then there's also I think it's 25
feet from a door and then another 25
feet to a bathroom if we stuck it behind
the garage which we talked about all the
different options yeah the first one was
like to the left or the South Side
that's where they kind of wanted it and
I was like man that's gonna be really
really tough
so I guess I'm not suggesting that far
in the backyard but there is a there's a
large patio right in the back of this
that
you know maybe the patio sort of morphs
and wraps the corner versus putting
these things on the corner I I don't
know I'm just wondering
oh I see you're saying yeah I'm just
wondering yeah part of the zoning is you
know proven the hardship yeah and I'm
not quite sure I'm there yet so I
understand that functionality you come
right out of the back where I mean it
just made like functional sense I
understand like the form of it is not
quite there but the function of though
you know having them kind of grouped
together and that's actually the least
visible one of the things we talked
about putting in the backyard the good
friends of the neighbor and the neighbor
would have seen it you know there's no
way of screening that
um without having a couple years of
growth for the trees to get in
so that was we kind of compromised on
having it on that side and hoping that
um it's far enough back from the setback
and that we can screen it properly
enough from the street that nobody
really ever see it
Heath just to be careful here and make
sure
hardship is sort of a a concept that
everybody's been on every board wants to
bring up but the the actual word
hardship doesn't appear
in the statute and you can look at the
uh questions that they ask here at the
bottom of the of the sheet and they give
you the precise verbiage that describes
the criteria So when you say what's the
hardship and then you're going to use
that as a criteria for voting I think we
need to make sure that the voting public
here
understands that that's not really one
of the criteria but you know is the
variance substantial would the essential
character of the neighborhood be
substantially altered or would a joining
property suffer a substantial detriment
as a result of the variance uh would
there would the variance adversely
affect the delivery of governmental
Services fire blah blah blah Did the
property owner purchase the property
with knowledge of the zoning
restrictions
which most people do
um Can the property owner's predicament
feasibly obviated through some other
method other than a variance which is
where you're headed there right and uh
is the spirit and intent behind the
zoning requirement observed and is it a
substantial Justice Done by granting the
variance uh and then does the property
in question require a variance in order
to yield a reasonable return can there
be any beneficial use of the property
without the variance of course those
things yeah no not one of those things
is designed to be conclusive or or
exclude the the but we're we're to
consider all seven of those things just
I have one more question yes ma'am there
is going to be offense around the spa
the white Landscaping
anything with 18 or more inches of water
even though it's fenced off completely
in the back does it have to be
immediately surrounding it because the
entire backyard is fenced off I
understand but it has to be completely
fenced minimum 48 inches with all Gates
self-closing self-latching
that's that's the pull requirement is
that directly how far away from the pool
does that have to be is it just the
backyard or does it have to be well I'm
just saying you can't count on that
cover as being adequate it has to be
fenced 48 inch high fence is the minimum
height Karen can you pull up like Google
keep any kids from getting
basically the reasoning even though the
backyard's fenced yeah all the way
around yeah yeah because you can go down
that driveway and access so you can't oh
yeah yeah
yeah we gotta think about some toddler
getting in the backyard and the pool is
not protected right see that yeah so
you'd want to wrap that fence around so
that you can get it off from the
backyard even because the right where
the driveway access gotcha to somewhere
around that Spa has to be a fence
okay
I don't think that'll
harm the function of that okay I just
didn't recall and I wanted to make sure
that you were aware and that's something
I can review you know honestly Kathy I
thought it was just the backyard you had
to keep like strangers from wandering in
and tumbling over not your own toddlers
or
coming in and out that's fine and we can
draw that in there anybody keep anybody
well I think you'd like to see what it
looks like from this from Dawson looking
backwards is what uh yeah do the little
street view guy and draw Brian is
foreign
[Music]
that's the house correct yes sir
so the tub is going to be on the left
side of the of the driveway but the
right side of the house right and
currently there's no in that picture
there is no uh fence that runs across
the front of that
and he's got a gate also driveway gate
so can you see the edge of that screen
porch is that what I see yes
so that will all be
deleted it's through the view it'll all
be yeah correct
and then and then Karen can you go back
to the
uh elevation View and I just want to see
how the backyard lays out one of the
other things I should mention is that as
it sits right now we're actually
dropping down an elevation they have a
foot
from the back of their screen and porch
to the driveway and you can't make that
slope with pavers so we were actually
step out of the back door onto six
inches or I think it's seven and a half
inches there's gonna be a retaining wall
and then back down onto the driveway so
it won't sit up I mean
yes 295 South Boston
so they're going to remove all those
trees make a patio that is all Oak Leaf
hydrangeans the spreading variety which
they do not like I had a ton of lambs
here they do not like bees that was one
of the first conversations that we
talked about uh afraid of them one of
the things that they did ask me to take
into consideration was right
um or the yellow shrubs are there
um they have a playground directly
adjacent across the driveway and they
wanted to be able to see
their kids playing and still have like a
cup of coffee so that's why we have the
because we talked about putting the hot
tub there and that would break up that
view of being able to see in the
backyards and making sure the kids are
okay
so we put a seating area there
um that way that they can sit and you
know that it makes it just more
functional it makes it more flow better
um
and I think prettier so that's why we
put the patio there and it kind of
rearrange the
on the north side of the house knowing
that you know we screen it properly you
won't ever see it
I just want to make sure it's not
visible
well has anybody discussed this with the
property owner on the right
do you know I believe so is that the one
that you said that was no the resident
at
three 303 303 yes she called me today
and
said she didn't get a notice but she
noticed the sign in the yard so she was
inquiring about it and I explained to
her the location and she was fine with
it I did speak with the homeowners they
said that both left and right North and
South had no issues
um I was you know I think that they did
they would be here but I no I have not
for a fact said yes or no that they've
made any comments about that
well
This truly is a situation where
so the law is
no accessory structures in the side yard
period
three feet doesn't have anything to do
with anything here because we're not
three feet it's just a matter of we have
a hot tub
that is fairly close to the house to the
right when there is in fact room in the
backyard to do so
I mean there is room to do it it may not
be their their number one choice but I
think we have a little bit of an issue
here on you know are we setting a
precedent for letting somebody do
something in a side yard that we don't
certainly want to create a rash of this
occurring uh because we did it in one
situation
now that's my own the sort of
observation about the
about the
parameters that we're that I just read
off here right that we have to take into
consideration
uh
and I realize there's a driveway that
separates this side yard from the other
side yard already and that isn't going
anywhere so that is something that is
certainly taken into consideration here
foreign
well I think we have to take into
consideration that the hot tub you know
you're in the sauna you close the door
nobody could see you or hear you right
but the hot tub is something where you
can sit in there and drink and party
right so are we letting somebody do
something that is got some potential for
partying
uh in a side yard
when they have a backyard and the law
we're not making these laws up you know
we have to we have to abide by them it
says no accessory structures in a side
yard period you know would that be any
different than a fireplace I mean in the
side yard because we've gotten that
approved before and I I I guess that's
my only question as to why this would be
is a little bit different is a is a
fireplace an accessory structure
it would be the same but also every
single property is unique yeah yeah yeah
yeah right I mean we have to look at
each situation as it is sure I
understand
I mean I I guess
from my perspective with the with the 20
feet and the driveway the barrel sauna
is a little bit different than the hot
tub
and there's plenty of screening too I
mean there's there's yeah it's not a
it's a driveway I don't think it's a
visual problem I think it's
auditory problem you understand
might not be a problem at all I mean I'm
only one vote of six so you know I I do
think screening from the street is
critical for that so yeah and just
looking at these you know looking at
these views and everything like if you
took down the trees that you said you
were going to say this thing you're
going to see this out there yeah the one
tree in front stays okay the tree juice
but even the density of those trees
together you know sort of you take one
out that you're going to see through
and
you know I I do have concerns about the
activity that they are putting into the
side yard with with these structures
um you know I think there's you know a
safety issue with the hot tub that
hasn't been you know fully addressed
um
and it just seems like there's a lot of
other options
um you know there's all this backyard
that that should be you know taken a
little bit more into consideration
that's
we talked about usable square footage of
the backyard of the whole entire
property how do we achieve
you know letting the kids run around
without you know these in the way the
side yard as it is the north side is
completely useless as far as unless you
just want to plan it it's Shady because
of the shade trees on the North side in
the house on the South Side
um so we were trying to maximize usable
square footage to be able to
achieve both you know
aesthetically in functionality I use it
all the time reform and function have to
meet on an axis somewhere sometimes it's
all the way down here and sometimes it's
down there and most times in the middle
that's what we were trying to achieve
here is before man function no knowing
that it's going to be the screening is
important not only for the homeowners
but obviously for everybody else
a couple questions
thank you to the
south of the hot tub yes is what the
exist screen porch and there's no
screening between the screening ports
and the hot tub there is there are
screens oh you're talking about like oh
there's no screenshots no there's just
the screen screen uh to the to the east
yes there's and then
to the north leaders visual screening
abundance of visual screening they have
a they have a row of Western red Cedars
running the entire rank of that driveway
it's full coverage
but immediately outside of the house
like immediately no if you look at the
The View we had up there a second ago to
Mr Hall's point this one yeah I mean if
you if you were
could you see down the driveway
no because one of the things that we're
going to do is we call it turn in the
corner which blocks your view from the
street side in so instead of just having
like one row of it against the fence
we're actually going to come back with
two or three so that it actually hugs
that corner and you can't see it you
know if you're going if you're coming
down south and looking West then it'll
be just a complete green screen
there's not that much visual the
Evergreen starts there's nevergreen
right there that has pretty decent
coverage looking
um from Southwest and then obviously
north
um you know Northwest you won't see it
but that is one of the things we plan on
doing is actually kind of nestling that
sauna in there so that you don't or if I
were concerned about the hot tub from my
perspective I mean that's I think to Mr
B Hall and P more social situation you
know I mean if if there were people in
the hot tub and you were standing where
this
at this Viewpoint and walked you know 15
Steps North
would you see that no that's one of the
things we did because they don't want to
be seen either right I mean they don't
like they they want to enjoy it in the
privacy of their backyard or side yard
technically is that in the backyard is
that hot tub in the backyard because it
doesn't come off of the
back of the house
no well you've got a screen porch next
to it what's next to that screen porch
it's a close living space
that's a good question I have to go back
to the well I think the garage is a
little further from there oh the garage
is back there
yeah so that looks like living space
that's those yeah that's the family room
back there to disregard that
but you can't I mean to answer your
question it's you you would not be able
to see it like the entire goal of the
landscape plan is that you would not be
able to see it from the screen
you can't see it from them from North
looking South
at least we at least be uh year-round
trees yes okay have a great thank you
oh
yeah I just got to be honest one would
seem like a reasonable variance the the
presence opportunities seems like
an Entertainment District or something
yeah I'm sort of joking yeah yeah it's
it's a little much so the the bear the
only thing I can comment on that Patrick
is that the the sauna like is it's a
two-person song it's not very okay it's
like it is inside another hot tub I
think is six by eight and again it's
like a four or five person sauna so
you're not get I mean little kids maybe
but
um you're not getting six Rowdy adults
in there because I mean if they do
confident call because they can be on
top of each other and they got a whole
nother ball wax going on there anyway so
like I that's like one of the things we
did take into considerate I mean not
consideration but the space would not
allow for a monster hot tub I think it's
only like a four-person hot tub
and I'm guessing they probably want to
keep that within eyeshot just do the
fact that it's a water feature correct
you know safety reasons right outside
the screen Force we talked about that
they I mean they're they're going to
lecture or not they're going to put an
electronic gate on it I mean they are
very concerned about the safety and
um with the case that's one of the
reason we moved the hot tub where it was
so that they can have full view of the
backyard and make sure that the kids are
oh that was one of the requests
with design they're going to be
Landscaping grown right up too and even
maybe on the barrel yes it's going to be
kind of looking like I said nestled in
really like the the goal is that you
kind of only see the door right so like
we're gonna have Oak Leaf hydrangea
green right and then it kind of just
kind of like you have a pathway through
and then right you lead right to the
door on basically all three or four
sizes besides the actual entrance will
be landscaped around
I like the look of the seat the Cedar
and and green foliage if you get a
couple flowers around it great but
um
I think a little Charming would would
the owners consider
the barrel sauna in the side yard and
the
hot tub in the rear yard is there some
connection between the two from a
plumbing perspective or anything
utilities I mean it's the expense of
having to run 220 all the way into the
back and how to get it underneath the
concrete I I know I'm not an electrician
but I'm guessing that that's going to
cost prohibitive
um because they are encased on basically
all of those sides you know there's no
easy way in electric back there
there's no separate panel in the garage
it's all being fed from the basement
um so that was the considerations from
Costco's and and uh functionalities have
them all kind of
grouped together because you have the
air conditioner all the utilities are
sitting right there can we see the
backyard again
I don't miss you
yes
can you flip it around so we sort of can
see in
fact looking East
sorry is that what you mean well you
kind of can you can it rotate yeah does
it rotate so you can get that same sort
of 360.
come on
I think you can grab that Arrow yeah
this one yeah
there we go look at you
I do it for you sure I can try more
can you move it up a little bit just
move it up so we can see the house next
door
that's an attached garage there huh
correct
I mean I I just think that there's a
reason that the code says accessory
structures should be in the rear yard
and I think there's times when when
we've approved things but to me to put a
sauna and a hot tub
in the side yard back close to the
neighbor and even though there's no one
here tonight if you know if I moved in
and somebody had a hot tub right next to
me I'm I might not like it go to the
next house what's that go to the next
house that's on the market yeah yeah
maybe but I I just you know I to me
there's
many other Solutions other than uh
requesting to put an accessory structure
uh not in the rear yard so I'm I'm not
in favor of this I understand that from
entertaining aspect of it I mean that's
that what makes the most logical and and
preferential sense
um to have it all grouped there so that
you have eyes on everything and you
still don't chew up in the backyard
um so that's one of the reasons why I
put it over on that side
review again
and then the other question I have is
for Kathy if if the sauna was actually
attached to the house
almost like an addition
it meets the set I mean it wouldn't be
in a sensory structure and it'd be okay
because it means the setback
um I believe that's the case
if it was attached in that location it
could
but the hot tub is not falling into that
category no the hot tub's not but the
sauna yeah the sauna might again and it
is not coming to architecture view as
from a staff perspective I think that
the um her design I think that I have
that Barrel could be very interesting
right there because it's kind of an
object and it's enclosed it's the hot
tub and uh that bothers me design wise
yeah me too I don't do they have to be
here
it'd be preferable I mean do they have
to be no I mean it's you know all the
electric is there the other I I don't
know where else to put it you know it's
to make sense and still have usable
living space outdoor living space
um that concrete's an issue having to go
underneath that with utilities would be
because you have to feed it all the way
from there
um so you can put it behind the garage
everything again it's not visible that's
one thing to talk about like safety like
behind the garage was out like no it's
yeah I can think of one other instant
project we have lately
I don't think we can we support you guys
we need to have an interior changeable
that's right next to the door so you
could go in and out a cold Orange Bowl
when it's enclosed it's different but
that's right it's what architecturally
just seems like I can Envision a lot of
ways to cover it in green or against it
that could be a really cool
objects sure but
anyway right so we can landscape the
outside of the fence that you wouldn't
see the hot tub other than when you
enter the gate we can put the gate
however we'd like you know we can put it
facing the door where the sauna so the
saunas entrance and the hot tub entrance
are the same and then we can landscape
the heck around it with the same shrub
or you know Green Mountain box or
something so that the only thing that
you would see would be the fence and
some Shrubbery if that would help if the
visual and the sound barrier because it
doesn't it does make a difference on the
sound
um
so the area right just to the left just
left right here
right in there what is there patio well
currently chair uh it is uh Landscaping
it's lands here and it comes out and the
hot tub go right there yeah
putting it behind the principal
residential use structure not
necessarily behind the garage
that's that's where I was getting at
earlier was it yeah I I don't have a
problem with the design or anything I
actually think it is a cool thing and
it's the greenery does grow up around it
and everything I think that is a that's
a nice aspect of it but
this is two accessory structures in the
side yard and and that's where it's a
lot
um you know this board has approved
fireplaces in the side yard and other
things but those have all been singular
accessory structures
there's a lot going on here and I'm just
wondering if it's even possible to push
that
um uh
hot tub back so it's it's back in that
patio area or something I I just
productive because I think eventually
you're not going to see the sun I think
if the greenery grows up around it the
way you see it and everything it's just
going to break down that's the plan
well
if we were to think the hot tub in a
foot or two in the landscape around it
so then you know your your visual from
Street in your visual from the side is
deleted
what if you went forward on the basis of
sauna only
I can present that to him I mean you
know I I think the sauna um again a
perfect world
the hot tub would be there but again you
know
um I think they're really really adamant
about having the hot tub also okay so
let me do this
I mean you're certainly entitled to a
vote tonight if you wish right yeah
there's six people here you need four
votes right that's how or that's right
isn't it yeah can I I've got to get out
of the county to get into man number
seven here you need four votes when
they're six you're getting four but your
lawyer not a physicist don't worry about
it I did take the summation of infinite
series and sequences at DUI University
but I can't remember much about it but
uh the
it seems to me that
that I'm not getting the sense that you
got a lot of votes here or this as it is
currently now I'm only one vote mind you
and your Visual and you're listening to
the comments is just as important as
mine uh or more important but
uh I I would think that maybe if you
tabled this to the next meeting you
could discuss some of the things with
your client and come back with either I
mean they might tell you no we want to
go forward and get a vote just like it
is that's fine too you know I'm not
trying to I would recommend against that
I mean if I were talking to them
obviously based on the conversation we
had tonight uh what if we were what
would we to delete the hot so the
condition that it was approved I did
make a promise that he would be sitting
on his patio by Thanksgiving so
I'm thinking this would have gone a lot
differently to be honest with you but so
no I if we were to get rid of the hot
tub and think about a different spot and
it says that has to have the hot tub
there yeah then we can come back and get
a vote until you get that vote but if we
were able to put this on in yeah and
then continue with just the general
landscape package
um I'll be okay with that Victory that's
coming down correct and I think you
might want to rethink it due to the
you've got this component that wasn't
discussed yeah it was very true I mean
yeah and and aesthetically you know how
does that fit into right right
so practically how does it fit into that
little yeah I mean right so I mean do
you go right up against it do you put a
buffer around right I mean without you
got to be able to get out of the hot tub
so you need some room around it I
thought when that was presented was to
hug it immediately up against it right
um and then have the gate a little bit
farther out where that comes out on this
side of it
um on the east side and then that way
the sauna entrance in the hot tub
entrance are together and then landscape
the heck out of it I love it you're
already standing there already doing the
design work on something that you hadn't
even done before tonight so so I mean
that was that was my thought when I
first got presented but if we could do
that I mean I think that that would be
that's definitely acceptable okay
let's uh would would you consider making
them uh uh or asking us to table the
matter
until the December first meeting
of the sauna only
as it is currently because
we're working on a location that meets
cooked then it won't have to come back
so if I can put it behind a garage or
somewhere in the backyard
yeah or on the back patio right so again
just for clarification's sake I can put
out where that table is and it would be
okay
table for that that's the table right
there James um
right here right
that's in the backyard
stop beyond the back of the house though
right it's not you on the back of the
house no because the back of the house
were those you go up yeah right there
and then the Garage you have a little
bit of a Breezeway mud room and then the
garage is
behind that
well my good if it were in the area see
I'm looking at this and I'm having
trouble
uh getting it to jive with my picture of
green space back there where there's now
Green Space I don't see Green Space here
I don't know I'm losing so that is the
green space that you're speaking of is
right there and that comes out and goes
back to hard surface now there's an
elevation change so there's a step down
which is why you see the the green
shrubs all the way around it on the
little Peninsula up there that is
actually
um a step down and then you have a
buffer so you don't hit the wall that
will build it and then the driveway so
there's landscape in front of that also
so this could this barrels
um so I want to be moved
to the West you know yes because you
could relocate that right here have a
really nice pathway with Greenery that
would be a beautiful view when you're
sitting in screen porch rather than
looking at a hot tub and putting a hot
tub over here there's a window there and
I I was looking at that earlier and I
think the nice thing about the placement
of it currently is it's on a solid piece
of the wall it's not blocking any of the
windows sure so that's what I do you
know from my perspective your question
would putting the hot tub where the
table is
I think
that that starts to become a little more
acceptable to me just because of the way
the house is designed and is elongated
along one side
um it pushes your rear yard back and I
think that putting it where the table is
or in that general area the only thing
that kind of kind of meets the spirit of
the zoning code a little bit more than
just putting it into the side yard the
way it is now
agreed first off sorry for interrupting
it in the second off
um the fencing I have to figure that out
yeah that I'm de-wrap the whole you know
basically where you step down into the
landscape before you get to the driveway
is that where you fence it off and then
I just use it as a point of reference
but I think if you if you put it in that
you know space space beyond your behind
the screen poor
that starts to feel a little bit better
I look at through your yard you know I
think I could accept the rear yard to
either start you know starts at the back
wall of the screen porch or even at the
back wall of the you said that was a
family room on the other side but in
that zone somewhere okay I don't
necessarily think that the rear yard I
know technically it does
um you know starting at the back wall of
the garage back there
but I think you're right it keeps more
important with the spirit of requested
it being a rear yard yes
well so we have a variance request
that says we have an accessory structure
in a side yard and
we're saying
are you willing to modify your request
is what we're really doing here to take
the hot tub and the screen towards
or take the hot I mean take the hot tub
out until you come back with a a another
plan for the hot tub I think he needs to
I don't think he can be uh hogtied into
saying it's going to go in this exact
location yet right and he doesn't want
to vote on that and then he comes back
and finds out it's got to be five feet
to the left because of Plumbing or
electrical issues I think I think that
the the again if at least for me and I
know in the homeowners I think that it's
very fair that we we could table the hot
tub and we can come back to that it's
absolutely necessary otherwise we can
you know we can proceed with
construction based on having the barrel
tub and then come back and I want to ask
does this word feel that that hot tub
meets code if it's beyond the screen
porch
uh I think it it is more
Falls in line with what Keith Hall just
said uh along the lines that if it meets
the spirit but because this house has
got
and and and that maybe this house would
be the subject of a variance because of
the unusual way that gets built right
most houses here's the end and that's
the end of the house right here we go
with the condition that it be somewhere
behind that yeah I I think we have a
procedural problem here more than we do
a a
architectural problem and that is we
have a variance request it has it it's
asking for an accessory structure in a
side yard
and what we're saying is
it sounds like your chances of getting
an accessory structure called a hot tub
into that side yard is not garnering a
tremendous amount of of support now
uh you can it may be that somebody
doesn't like the barrel sure back there
as well okay because we're setting some
precedent here
that you can build things in your side
yard that are accessory structures which
I think is is a precedent that the board
is going to be very very has to be very
careful about sure right but I think
that if you say I amend the request to
take out the hot tub I don't think we
can do it condition upon the hot tub
being removed no I think you have to
amend your request to take the hot tub
out and then we have a vote on the
accessory structure being the barrel
understand how
uh
the the other alternative is
uh that we say condition upon moving the
hot tub somewhere else and I don't think
you're ready to do that
because we need to know where you know
and as long as it was behind the
existing screen Porsche and that would
at least allow me to say hey look this
is where this is Drop Dead to right it
has to be behind the screen porch and we
still gonna have to go
before isn't there some desirability
what
huh that you'd walk from the top into
the the sauna into the hot tub that's
more I think chairman I think that's
more of like grouping your utilities
yeah like exactly it's not something
like a grill yeah yeah throw it all
together put your grill next to your
um air conditioner your gas meter
because they're all ugly to look at
um that's my thinking on those as far as
structures I mean I'm more plants than
you know pavers so if we can better days
up a little bit I mean let me ask you
this if let's just say the barrel is
where the hot tub is in this picture
that I'm looking at right now and the
hot tub is behind the screen Imports
into what is designed to be a patio here
but currently is Green Space yes you
could dig into that and put the hot tub
there possibly then they're juxtaposed
they're right around the corner from
each other right and I got a hot tub at
least
in a way that
it's possible to interpret these
protocols that we have to follow here as
being in the spirit of the rear yard I
think we should just take the hot tub
out completely and we can revisit that I
you know again it's not going to fly
from I mean if our Betty man right on
the votes that we have you are right I
don't think it's no question about
completely I can we can I have a
conversation I got a meeting with them
tomorrow morning at 9 30. we can go
through the different options as far as
that goes
um and see if they even need it you know
they might say scrap the whole project
because we want that hot tub and it's
either yes or no or right yeah we don't
need that bad so yeah all right
with that in mind
um
I'll just ask you verbally here will you
amend your application to take the hot
tub out of the out of the consideration
of yes okay so the variance request is
so amended
and we can move forward and if there's
any more comments about the barrel or
questions we can ask them but if not I
suggest we move forward on the issue and
call the question if
we can have a reading of how now it
would read the findings of fact the
decision of the board for application
number
vzap-22-4 property located at 295 South
Dawson
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 of variance to Mexico
in section 12 2611 C have been met at
variance from Mexico in section 1252.15
G1 to allow Asana to be located in the
side yard with the condition that a
landscape plan will be implemented to
screen view from the street and
neighbors to the north
subject to review and approval by the
landscape consultant and to further be
maintained
okay
any problems with that reading no so I'm
going to get to the board for a vote Yes
can I just confirm one last answer in
this the
um the door
the new door and the screen porch would
still
be installed correct and even without
that um I believe so just the flow they
actually have a spacing problem where
like the door that comes out into the
screened in porch is the off center from
the door that you get out of the
screened-in porch it's like the just the
furniture setup is awkward so we're
gonna put a door out the back
um so that just their Furniture Works a
little bit better and then they can come
in and out with the sauna so that would
be on that back section and just so you
know Patrick
um that's something that stack can do
without coming together we got it okay I
just think that would for privacy
reasons they would want that for the
door yeah we would want them to want
that yeah instead of having to come all
the way around yeah
okay
and you know I don't mean to Prejudice
anybody's vote here so it's just I think
it's it stands on its own and it either
is acceptable or not and so what that's
reading does any member of the board
have any problem with the findings of
fact conclusions of law if not can I
hear a motion to approve same so move
chick Mr second Marsh Mr Marsh
Kathy please call the roll
Mr King yes Mr Sheikh yes
Turner yes
yes
no chairman B Hall I vote no also for
the reasons that I I just think it's
dangerous to to deal with the side yard
setback but there were four positive
votes which is what you needed so the
variance as amended is granted excellent
good luck appreciate it thanks chairman
board thanks guys thanks
all right
I don't have my screen anymore oh I've
got the ocean here though there's
nothing else all right I don't see any
other cases on the docket is am I just
having a like a Oasis scene an oasis
they call that a
H all right
at seven
30 just about 7 28 who I hear a motion
to adjourn
Mr Marshall yes of course March makes a
motion the Jordan the Jordan to uh