here chairman
and it appears
now we need so we have five voters
so we need three positive votes for any
uh
measure to pass correct
[Music]
there is a uh
i think there's it's actually a statute
that allows for public comment on the
work of the board of zoning and planning
without having uh
any commentary on any one particular
case but rather just in general if
there's anybody that wishes to speak
sir
is there a microphone up there
not yet
all right
we might need one
all right i didn't realize that
thank you my pleasure and secondly while
i'm up here
over the course of many meetings i
recognize that many of you sit back from
your microphone to not do not speak into
your microphones not only is that
beneficial to the people in the audience
but if it's on youtube you want me you
want to make sure that those people are
hearing what you speak so i'd ask kindly
to sit closer or not sit back away from
your microphones okay thank you
cool thank you very much interesting
comment appropriate and well taken
anybody else wish to speak
i see no indication of such so we'll
go to the approval of the minutes did
everybody have a chance to review the
minutes of the prior meeting i know not
everybody was here for the prime meeting
but i don't believe those were
circulated german b-hall so i think we
should table the minutes okay we'll
table the approval of the minutes and
we'll uh
attack that issue at the next meeting
okay
oh this afternoon but no one would have
can i ask a process question please
um if you
if one of us were not at the meeting
that the minutes are being approved
do we then not vote to approve them
and if
i mean i think technically if you're not
here to see whether they're accurate or
they need to be modified in any fashion
that probably you should just abstain
from voting
what if you didn't have enough votes to
approve well then we'd have to uh take a
table until the next until the next time
we have a quorum of people who did read
the minutes just to process goods
thank you good question it's a robert's
rule of order question i'm not sure i
know the exact answer but i
i think i do but i might be wrong it's
been a i've been wrong numerous times
all right the uh
really we could go into new business can
we not we can okay
so the first
uh
staff report
actually we have a staff report
jason suti provided the staff report and
i have his staff report if you'd like me
to go over it okay and this is on uh
case 210920
uh st charles master plan
bzap dash 21-36
okay
kathy do you have that please i do
so the applicant is seeking plan review
and approval of a master plan and
approval of the landscape and lighting
plan as part of the west parking lot
modifications
so uh back in august the board had
reviewed those parking lot modifications
and had made recommendations as well as
uh staff recommendations
and the applicant have provided
the lighting
and
has met the criteria as far as
the location of
a walkway to adjoin the off-site parking
to
the campus
and
and also reshaping the drop off area
to the performing arts center
and
with those changes
was a reduction in the overall parking
count by 11 spaces to accommodate those
walkways and connections
and staff recommended that 388
accessible spaces be added because there
was not
adequate
count
to make sure we have the original eight
so uh
we are waiting for those modifications
which the applicant has agreed to okay
um and that can that was subject to
staff review i'm just simply giving an
update on that okay uh as well as the
overall master plan
st charles campus uh they're providing
this
to plan for future building expansions
and the established plan
looks at the big picture and the
alternative could be a series of
applications and variance requests
without an opportunity to understand the
plan for the success of the overall
outcome and future site development so
the applicant has provided
uh
a plan last month
and there were some suggestions made as
well as suggestions from the
architecture review board which karen
could touch on some of those
and they've done a lot of modifications
listening to
what was suggested and we now have our
final
uh
rendition
however
i would like to offer that going forward
should the board find
to
give a certificate of approval on this
master plan
each individual structure will be coming
back for design review
uh so there's this is just placement of
structures and what's proposed where and
working with the parking proposed and
modifications so if karen you'd like to
address any of the architectural items
yeah i would
say um
great job of listening to all the
feedback from our cultural rewards just
by way of reminders architecture
um
there are a lot of compliments about the
placement of things
and the lack of concentration on
the way that people progress through the
site the certification and the gathering
spaces
as well as a concern for the
building that
not it was just a proposed sighting of
the building over there's cylindrical
and stuff kitchen
and all of those things have been
addressed and fixed uh i think it looks
great it is a conceptual map it's a
national place so this is to say that
buildings aren't going to get tweaked
along the way a little bit but this will
be um
essentially placement of them
um you'll see where the
courtyard
is just a really nice
construct now and i think um the
applicant may want to talk to it but the
way i
the vision and that's not what we're
here to discuss today the position is to
have a real gathering space right
outside the convocation center and even
a space to have events going on in
gatherings with some nice arch work and
you know the planters that are proposed
there
may come where they go but the general
space
is what they're asking for approval
today um
i i would say that this address
really all the concerns
okay
so
are we
going to
uh
more or less approve the master plan as
as a with a vote
with with the recommendations that i
have it states um
the board of zoning planning is prepared
to act on a certificate of
appropriateness request the staff
recommends the following conditions a
full landscape plan be reviewed and
approved by the bexley tree and public
garden commission including screening of
the parking along broad street corridor
and the design of pedestrian crossings
and plaza spaces and that site
modifications design and materials will
be
in substantial conformance with the
rendering and plans submitted at the
board of zoning and planning meeting
unless otherwise modified in
collaboration with the arb and staff
okay
so in that case
why don't we have the applicant come up
this is bzap dash 21-36 2010 east broad
street
which is
the address of the saint charles
preparatory school
and uh
the request is for
a certificate of appro the approval of a
certificate of appropriatist
sir your raise your right hand you swear
affirm that the testimony you'll give
this evening will be the truth the whole
truth and nothing but the truth i do
thank you tell us your name my name is
brent foley with triad architects thank
you brian
um well thank you for having us again
and thank you for the compliments karen
we're very proud of the work we've done
to get back to this point i'm gonna
just rehash a little bit of what we
talked about last month since there's
some commissioners that uh board members
that weren't here the last time that
might be helpful thank you um so
last month we came and we submitted
preliminarily a version of this that has
been modified
uh we also talked a bit about the work
we had done
with the neighbors um since the the
previous time that we had been here you
guys may remember a year and a half ago
we had come in
for the east parking lot that got
approved earlier this year and we had
quite a bit of neighbor opposition to
that to that project
since that time
we have addressed the neighbors concerns
we've met with them multiple times we
have put screening on all the lighting
on that side
the new design of the parking lot does
isolate the drainage on the east side of
saint charles completely and we have our
new uh drainage line that's being
installed if you go past st charles
right now to um
uh to provide um our our own our
completely own private sanitary um i'm
sorry storm sewer system uh we prided
the landscaping along that side and
we've met with the neighbors and they
are in support of the the production uh
the way that we are going
um and so we came and last month we
presented it in general but i'll go over
a couple things so the octagonal
building
at the top left is the building we call
the convocation center which is all it's
a convocation center meaning it's a
gymnasium
and a meeting space it will replace our
existing gym
which is in the space there where you
see learning a new learning resource
center the existing gym if you've
attended a basketball game in st charles
is
no longer uh
very safe and we're hoping to to create
a better gym as well as it's not
competitive with other gyms that other
high schools have around around the city
so that is the convocation center
uh there the learning resource center
then is in the space of the existing
gymnasium uh once we build the gymnasium
the intent would be to build that
portion and then we are also connecting
uh a lobby to the performing arts center
that is the space of the existing
theater and that would be expanded uh to
have a space that's a little bit more in
line with the level of production that
we believe that st charles puts on so
that's kind of the buildings a little
bit the big moves um from last time so
last time you will remember we asked for
a parking reduction as well as parking
in front of the uh the building which
was was granted the feedback that we
received was we wanted to create a
better pedestrian experience uh if we
could scroll down to the to the front
can just start so you can see we
extended
uh the walkway we have coming out of
what
is labeled there as the new common lobby
that that walkway is existing
uh the parking spaces that are in front
of it will be changed into a drop-off
and then that extends all the way to
broad street that is directly across
from the entrance to wolf park it was
kind of convenient that as you extended
that line it was right there currently
when we have special events if you
recall
uh part of the discussion last month was
that we have a special duty officer and
we use wolf park as overflow parking so
they'll be able literally to direct
those people now directly to that part
that uh walkway which will lead people
directly to the site
another part of our parking strategy is
the parking lots across alum creek and
you'll see uh on the left there that
arrow that extends over is our bridge
that goes across allen creek and there's
a little stairway at the end we've now
incorporated that into a pedestrian
experience as well that leads to um the
main courtyard uh which will now become
kind of the main gathering space so now
anybody who's coming to saint charles
off site from those two spaces that we
use for parking will have a pedestrian
experience uh that guides them there
we are pretty proud of the the the plaza
space that's been created inside those
um the buildings so now it opens to the
east so you can imagine i'm sorry the
west you can imagine beautiful sunsets
over the trees over alum creek uh the
dashed lines are intended to heavy gas
lines are intended to represent
a walkway that's on three sides opening
to the west
and the little the little green dots are
more of a hedge row there so that would
open to the west and the aesthetic of
those walkways
would be uh to match the front of the
building so there's that walkway on the
front of the building uh we're calling
that the fraternal twin of the existing
uh uh courtyard there uh it's intended
to be a a similar type of space
um
it will be able to so as you come around
the drop the other big move we made is
we moved that drive
uh to the uh west so as you came around
that drive previously and went to the
drop-offs that's there it was a pretty
tight turn around the performing arts
center and it actually kind of wasn't
super safe
as we were thinking about that moving
that over there
helped us actually kind of create a
connection between the grotto space
and uh the courtyard space so that would
be intended to be a paver space or more
of a pedestrian space people would drive
through there but during the day
it'll be kind of flush the intent for it
to be flush on the east side and as
water comes down there will be a curve
on the west side to catch that water
it'll all gently slope in that direction
but it's intended to feel very
pedestrian and then you can see there
would be
landscaping improvements around the
grotto
the space in the corner uh the south
west corner of the convocation center um
there's another landscaping space there
those are intended to be a little bit
more quiet reflective area
we've we've inten we've kind of
created accidentally but something we're
celebrating the north side of the site
is the athletic portions of the building
the right side of the site is the
academic the south is the arts and then
to the west is uh kind of the spiritual
reflective things along the way so
symbolically we think that's actually
pretty nice
so anyway we're very proud of this
we think it does uh solve all the issues
that were brought up by both the arb and
this group
we also have provided the lighting
uh just a couple technical things we
provided the lighting uh information
that was requested we provided a
preliminary uh landscaping uh plan that
shows the screening on broad street uh
we did speak to jason we intend to
provide the additional uh accessible
spaces that he's asked for uh we have i
actually have that drawing i can give it
to you now or we can just submit it to
jason separately whichever you prefer uh
but we fully intend to comply with that
we would very much be happy to come back
to uh tree and public garden commission
for those approvals
with that i will take any questions all
right
members of the board do you have any
questions or comments for
mr foley
i think comment-wise i'm really glad to
hear that you have resolved some of the
uh
resistance and concerns that the
community had i think that was part of
the reason why i was not supportive of
the project it is absolutely beautiful
um
and
certainly st charles is one of our
community partners so i'm glad that you
um worked really closely with the the
members of the community there because
that was
a big sticking point for me so thank you
thank you they've become
we're good neighbors together so it's
good
all right is there anybody in the
audience that is either for or against
this matter that has standing
all right
um
if the members of the board don't have
any additional comments or questions
uh why don't we hear the findings of
fact conclusions of law
kathy
the findings effect and decision of the
board for application number vzap dash
21-36 for property located at 2010 east
broad street st charles
the board finds that after review of the
plans in consideration of the
application evidence and testimony given
and the recommendation from the
architecture review board the board
finds that a certificate of
appropriateness should be issued
for
the saint charles master plan
the
and the final
lighting
and landscape planned
subject to the following conditions
that the full landscape
plan be reviewed and approved by the
tree and public garden commission
including screening of the parking along
broad street corridor and the design of
pedestrian crossing in plaza spaces
that these site modifications
design materials will be in substantial
conformance
with the rendering and plans submitted
at the border zoning and planning
meeting on september 23rd 2021
unless otherwise modified in
collaboration with the architecture
review board and staff
okay
any
modifications or
adjustments to that
reading
okay if not i would
entertain
motion to call the question
so moved
second
thank you
cathy call the roll
mr schick
yes mr marsh yes mr levine yes miss
mitchell yes chairman viho i vote yes as
well the certificate of appropriateness
is granted and it's a nice project and
thank you for all your
many accommodations and continuing
cooperation on this project it's a
beautiful project
mississippi if i did go to waters mr
chairman i would just like to say one
thing as a sidebar um
when i was the assistant director of
building and zoning services at city
columbus saw a lot of uh triad
architects and mr foley himself and that
was almost 10 years ago and so um once
again thank you i'm sorry i was going to
make a comment but cool moved on thank
you all right thank you very much thank
you gentlemen
all right
that's that's all the new business or
the the staff reporting there was right
that is correct we are
and is there old business
[Music]
that was the old business just out of
order here okay on my agenda all right
so the new business involves
uh
application
involving 328 south merkel
did i collect the wrong bza meeting
do i have
eight twenty six out eight twenty cents
you know don't trust me
i don't know which meeting on that
birthday
okay
yeah that's right we're right here 407.
okay well i just switched over so i was
over here
and now no no i'm over here okay well no
i'm really screwed up
go back to where you just
meeting
there you go thank you very much you are
now right here
can you make it bigger i gotta know it's
fine thank you
i feel like i'm at the office all the
young people are telling me exactly what
i need to do and you know it's a
beautiful world
anyway
i thought i was one of the young people
that i'm quickly learning that i'm not
all right the next case involves
um 407 north view
and uh it is case number bzap 21-28
the applicant is
who's also the owner of the property
and the applicant is seeking approval of
a lot split
to separate lots 19 and 20
in the second rule our uhl rules
subdivision
to take it back to the original lots of
record and includes a vacated
right-of-way along the south side of lot
19.
all right who is here on this case
to speak to us
on behalf of the applicant
yes ma'am
i'm here on behalf of the applicant and
the applicant is here as well
okay cool thank you very much
uh are you gonna
present
um i can i didn't know if there was a
staff comments
there are going to be some staff
comments i just want to swear you in oh
sure and perhaps mr liu mr liu come on
up mr liu
good evening thank
if you both raise your right hand you
swear or affirm that any testimony you
give this board this evening will be the
truth and the whole truth nothing but
the truth
thank you very much kathy tell us uh
from the staff's perspective what we're
looking at here
so the applicant received a conditional
certificate of appropriateness to allow
an existing deteriorated structure to be
demolished and a new single-family
dwelling to be constructed one of the
conditions of the approval number seven
the owner must combine the parcels or
request a councilmatic variance
from the r3 lot size and a lot split
from the board of zoning and planning
so mexico section 12 2602 lots in
combination if a vacant non-conforming
lot or parcels in any district adjoining
one or more lots or parcels in common
ownership
such lot shall be replated and such
parcel shall be combined to create
conforming or more conforming lots or
parcels as a
prerequisite for development
so
over the years we have found where you
have existing lots that may have two
parcels and there's a principle
structure that might be like right next
to that dividing line of those two
parcels so this code
allows for that those two parcels to be
looked at as one parcel they now become
one when they have common ownership
otherwise we've had applicant or owners
selling lots off and then you created a
a non-conforming principle structure and
in some cases fire safety issues because
they're too close to the property line
so if we created this code section
however we do have some growing pains in
the process because we've never thought
about these existing non-conforming lots
they're actually meant more for in this
case here's a lot that's
what 60 by 40 and that's at the corner
of rural and northview at the at the
north end of this block it's owned by
this property owner that we did get them
to combine that so then when they add on
to this they can use that as their side
yard however you've got a lot of these
odd situations and in this case
the applicant
uh owns two lots a lot 19. karen wants
to go to the next
slide
it
shows
the north lot 19
i'm sorry 20.
lot 20 is consistent with all of the
lots to the north
and lot 19 is more consistent with the
lots to the south all of those are being
in the r3
okay
sure here's this is 19 i'm sorry this is
20 and this is 19. so here's an existing
principal structure and there's a
detached garage so the arb
approved those to be demolished and the
new structure is proposed only on this
lot
and he did that with the intention of
requesting the lot split to take them
back to the two original lots this slot
is larger though because this is an e
cement city right-of-way eastman that
was vacated years ago so that got split
between these two lots so these
these lots are very
parcels why do they need to be split
because of this code section adopted in
2016 all of the lots existing in that
situation under common ownership are
looked upon as a single parcel
so even though there's two parcel
numbers
always thinks it already says it's
separate i i understand that you have to
go to council to approve the lot size
which don't meet the r3 zoning and this
board has the authority to split the lot
so we had a public meeting at city
council on the 21st to discuss the lot
sizes
all of these lots in this block are
non-conforming they're existing
non-conforming none of them meet the
minimum lot size of a 60 by 90
or 14 400 square feet which is a
requirement of the r3 zoning district
the lot on this block range in 78 feet
in width to 75 feet in width and 149
feet in depth to 139 feet in depth
so by splitting these two parcels you're
actually making lot number 19
in conformance with a lot size not the
like dimensions we're creating a lot
that doesn't conform to required lot
sizes correct
so it's a technicality you know it's
it's unfortunate but that's
the code because of the existing code
that we've adopted
it's it makes these type of items happen
however it gives the board the
opportunity to review these and find out
if it's proper to allow these to be
split or not so what is the role of city
council versus the role of the board of
zoning and planning the city council
they have the authority to allow grant a
variance to a lot size that doesn't meet
the r3 zoning district size requirements
this board has the authority to allow a
lot split however
based on the fact that this lot size is
not yet approved by council
any action taken this evening would be
contingent subject to city council's
approval of that lot
variance it just so happens that our
meeting occurs before city councils
meeting next tuesday well they usually
have them at the council meetings this
was just a public hearing it was a
special meeting so i was trying to make
that happen but here we are
today are there two separate tax bills
um yes
they are they've got two partial numbers
so you're saying just split parcels that
are already split well then it's not
right
it's because our code looks at it as one
lot yeah it's it's not splitting tax
parcels
it's it's a buildable lot which is
currently
that buildable lot is currently two tax
parcels and so my question is and then
they want to split it into two two
buildable lots on two tax parcels right
on the 20 lot
there's going to be restrictions on the
size of the structure that can be built
on that right we have to meet the size
requirements of the r3 zoning district
and what's proposed on the south lot
do meet the r3 zoning disk requirements
based on just that individual lot okay
so the concept would be and we'll we'll
let the presenters uh
and the applicant talk to us but
is that we're going to sell
the north lot
off
possibly
yeah maybe
okay so
go ahead we um
my wife and i want to build on the
bigger lot yeah the new home
but financing wise we don't need a two
partial
in the future because
my two daughter
one already graduated
one more year
why we needed two lots
if somebody can benefit another last
view another home
you know if they have a kids because we
love the vaccine
my kids love the vaccine and when they
go to college right now this is actually
really prepared for them to go to
college
so i say hey maybe build another home
somebody can use the
school yeah and that way we don't have
to come out a lot of money
pay the two separate you know i mean
because you're already going to pay to
demolish the home and the garage correct
and then you're going to build a brand
new home that has a garage
if somebody want to build one and we
want to sell it yeah but you're going to
spend a lot of money demolishing and
then you're going to spend a lot of
money building oh yeah yeah okay oh yes
all right
kathy can i already prove
the archetype of submitter uh
what's called the design
already renderings
already approved
krb already approved the demolition and
the construction okay arb's already
stainless okay
it has 14 conditions so it has a lot of
things that need to be done but okay but
and one of them is
watchable
either combine the parcels or request a
lot split which the applicant has
requested yeah so the variance so kathy
can you mitchell you have i do um so
19
has a different lot size
allowable lots or allowable structure
than what like
19 would correct
yes this was the original lot of record
which is probably similar to this but
because of that vacated right away it
gained the width
so my question is 19
doesn't require the size of just a
garage a whole house can be placed on
this lot right oh okay right
it just happens here's one of those
situations where you've got an accessory
structure sitting on one parcel and the
principal structure's sitting on the
other end i didn't buy a house for that
reason
and actually if you take the right way
into consideration all the lots are
probably identically sized
and and this is on the the edge of the
r3 zoning district because right across
the street over here is all r6 zoning
which are smaller lot size requirements
so it's not like it's in the smack in
the middle of the r3 zone in the
district and it's going back to the
original lots of record
if you look at the back city a lot a lot
we smaller than that
because the new law right that's reason
restrict that
but that means a new law
wouldn't build a new home
you know yeah i got you i mean it's for
those of us that are lawyers we we deal
with these with the parcel numbers and
lot splits a lot and this is a very
unusual this is an artificially created
situation by a bexley statue
right they created
is there a way first by the auditor's
office when they pass that law
so is there a way for us to make a
recommendation to council to review that
just to clean it up or is that is this
as clean as it can be council is going
to have to make their own independent
determination
they don't they're not going to listen
to us well i think they're they're
coming to us to say
they need for us to seek
approval
of the lot split
then
they're going to have to approve
whatever else is going on there the
resolution
right
so and they're going to do so here
shortly and they could possibly be
successful at the bees app and be
unsuccessful at city council right vice
versa possibly
of course if they're not successful here
they're not going to be able to go to
city council i think that's
uh the way it sits so
well let me ask is there anybody in the
audience that's here for or against this
particular application
i see no indication of such
board members you have any questions i
mean this is definitely a
an unusual situation or comments but i
think the way you stated it
uh ryan was exactly
right
you you stated it technically again it's
it's two different lots today it is it's
two different tax parcels it's just the
fact that this garage structure is on
one all of a sudden makes it one
building lot yeah the way bexley looks
at it but yeah i i personally don't have
any concerns about it um
and again if that garage wasn't there it
would be a no-brainer right
[Music]
okay
then mr chairman for the uh sir
for that northern lot
would there be any hardships being
created by the by any existing setbacks
or all the setbacks appropriate
um for this existing
for the property as proposed this
evening
is the building still it hasn't been
demolished yet has it no there's too
many the conditions have to be satisfied
and
one of those conditions is the split or
the combined of the parcels now should
this all be granted whatever's
constructed on that north lot
if it doesn't meet the septic
requirements they would have to request
a variance i think his question might be
correct me if i'm wrong is the building
on the south lot if you create a
separate lot here if we do create a
separate lot is does it conform with all
the setback requirements it's pretty
close to the north lawn well but but
those have been approved for demolition
what if he doesn't demolish
well then that could be yes i just can't
build the new one i i dig that what if
he just says i'm moving to massachusetts
and i'm going to sell it after we do the
launch play
then we're back to square well i i
understand what his intent is but then
we're back to square one with a
deteriorated home
on a site that an owner
does not want to put invest the money in
because of that yeah i i understand what
you're saying but so
think me through with this
we get we grant the lot split
a conditional life
okay okay well i mean
a conditional lock split hmm
yeah it works the other way so i'm not
worth it
well i think we almost have to
i'm not sure i've never heard of a
conditional plot split before but we're
seeing some new new ground here anyway
so yeah we've touched on a couple
different issues it's my question
some form of fashion once this process
runs of course
right
it looks roughly the same size as
what's up 25 percent
right kathy
25 lock coverage 85
right this is a
70 by 140 so it's a 10 000
my current home are way smaller than
that and they'd be on 2800 square feet
you can look at the other lots to the
north and you can see there are
buildings on those lots so that they
must be buildable
so what about utility-wise
but i'd also like to add that
the demolition cannot occur
until we have approved construction
documents so he cannot demo one of the
one or both of those structures until he
has an approved
building permit so that as soon as he
demos he can build but also within the
resolution it does indicate that
if the new resident on lot 19 has not
begun within one year of the final
approval of the variance by council all
variants approved and the resolution
shall expire
so if we give this so then what we're
left with is we're left with two lots
one demolished that the individual can
then walk away and sell and we really
have nothing that we can do to control
that
if
he can't demolish unless he's intending
to build otherwise it'll stay just the
way it is so that so the resolution if
it passes
he's
got one year to build and if he doesn't
build he has to demolish to build
then it goes back to what we're dealing
with right now
which the owner can do tomorrow
and then with bexley's consent once this
process moves forward
consents to a lot split for purposes of
the county
but i thought the condition
but i thought the condition um that's
one of the conditions of the arb that
was the assignment
or get the zoning i thought it was a
split they have to combine
19
20 is could be sold
that would prevent
a combination to prevent them
so
is the concern that it sells and sits
back i know what we could do
we could make the lot split contingent
upon the house being constructed because
the house is entirely being built on lot
1919.
so once it's constructed that lot split
becomes official
oh yeah you could you can build a house
on lot 19 even though he owns both
not if he owns it though until until the
house is completely transferred though
he said they're saying oh he could
transfer he could demolish the garage
just say he just demolished just the
garage yeah
and then he could sell the northern lot
which he could do
not if it creates a variance for the
principal structure
so i wonder if the if the because of the
bexley statute
i wonder if the title examiner would say
i don't think i can give you clean title
to the north lot
[Music]
i mean i think they need you but they
might not you're right
mr chairman
yes ma'am if the owner were to convey
the north law which is lot number 20.
it still would be
under bexley code a combined lot
so legally title could transfer but
under bexley code it's still only a
piece of one larger lot which is the
combination of 19 and 20. and the new
owner couldn't do anything without this
board's approval yeah
well that that was my point to to mr
levine's comment but missed in
mr line is saying
how many
how many title examiners are going to go
and look at this rather unusual 2016
bexley statute and they the title
examiner may not look at it and the new
owner might have a case against my
client
for selling them a lot that couldn't be
billed on without city approval
but the point is is the city is
protected right the city still maintains
the ability to review whatever is going
to be proposed there and built there
yeah yeah i think
i think if we just put a simple
condition on it then i think we're fine
yeah
this is like a
bar exam question
so
you've got all the lawyers all popping
up there's 18 issues in here we've got
to spot them all
well i i think that if it's adequately
conditioned i think you're right uh ryan
that that we could probably
at least have a vote i don't know how
people are going to vote but that that's
another story but
but the idea being we're granting the
lot split
the the proposition for the board's
voting would be
do you approve of a graining of the lot
split
conditioned upon
further approval
by city council
which is required
for you to go through the process of
demolish
demolishing current buildings and
reconstructing one and i think it almost
sounds like we'd want to make a
contingent upon all of the above
occurring
approved by city council demolishing
rebuilding
then the lot split is approved upon the
condition of those events is that
acceptable to the applicant
yes because we already
we already hired the three pillar yeah i
appreciate that right
we're already
we're not playing games either up here i
want you to know
but will who make it too complicated
yeah well it's it is a fairly
complicated situation but
so
does that just as a just to go around
the table here does that
kind of conditioning
meet your
approval
yes and combined with miss rosen's
classification on that i thought that
was very helpful
okay
it was
i think
if there's nobody that is in the
audience i think we've already asked
have we uh on this case so let's let's
get finding it's a fact conclusion of
the law because that might be uh they
need to be constructed here by you on
the lamb sort of
i wouldn't give you this easy assignment
you know if you were some rookie
i think i've got it okay all right
the findings of fact and decision of the
board for application number bzap dash
21-28 for property located at 407
northview
the board
finds it
appropriate to grant
a variance to 12
52
to grant a lot split in accordance with
1250 criteria of 1252.09 r3 zoning
conditioned upon approval of resolution
10-21
lexi city council to grant a variance to
the r3 zoning lock size requirements
and further subject to demolition of the
existing structure and construction of a
new
single-family dwelling on lot 19 before
the split becomes official
i might add the words in conformance
with other bexley
requirements in other words the cons
the demolition and construction have to
be in conformance with other bexley
uh
but other than that i'm fine performance
with
with other bexley
regulations and
statutes in other words they have to go
through the regular demolition process
of the architecture review board
certificate of appropriateness that too
because demolition isn't automatically
granted you have to have all these
things you have to to abide by to get a
demolition permit right
so i'm just saying
those kinds of regs would be
part of
what they have to go through okay
all right mr liu
and
help me with the name again
the late no mr lou i got yes rosa mr
rosen
did you hear that render
ring of the findings of that and
conclusions of law
is that acceptable to you and your
client
okay thank you
all right do i hear a motion to approve
the fighting effects and conclusions of
law as iterated by ms rose so moved
second thank you
who's talking to that um
mr sheen
all right
um
miss mitchell yes
mr marsh yes mr levine yes mr schick yes
chairman b hall i vote yes also so your
your lot split is approved on the
conditions
duly noted thank you good luck with your
project thank you for
for going through all this thank you
thank you it looks like a beautiful
addition to the neighborhood it does
yeah it'll be a lot better but
thank you thank you
careful there's a couple people in this
room were born in 1937.
be careful
and they haven't been remodeled either
unbelievable
all right the next case is a case
b z ap dash
21-37 involving 809 south cassingham
the applicant is apparently the owner
brenda parker ms parker are you here
okay
all right are you going to present
would you please come forward and be
sworn in
do you swear or affirm that any
testimony you give this evening will be
the truth the whole truth and nothing
but the truth yes thank you very much
kathy the this is a case where the
applicant is seeking architectural
review and approval of a new screen
porch over an existing deck
and a new roof on an existing second
floor sleeping porch
and a variance from bexley city code
section 1252.09
r6 zoning district which requires
a six foot six inch setback from the
side yard property line
for a 40 foot wide lot
to allow a screen porch to be
constructed on the existing deck which
is located five feet one inch from the
north side of the property line
so with that
introduction
give us the staff's position on this
matter
so typically you have eight foot side
yard setbacks in the r6 zoning district
but the fact that this lot is only six
point
forty feet in width it's a six point six
foot
six foot six inch setback right so the
existing deck which typically they can
encroach four feet into those setbacks
however in this case this deck is
constructed five
feet one inch from the side yard
property line
so i've reviewed
the
neighboring property
and this is a one foot five inch
encroachment into the side yard setback
but it's not within the five-foot
separation that would typically be
required for fire separation
on
neighboring properties
so with that in mind should the board
find it appropriate to grant a variance
to allow the screen force to be
constructed on the existing deck
uh staff
does not find this as a an extreme
encroachment
okay and then if as far as the roof
structure on the sleeping porch i will
defer to karen on any design comments
okay
karen i apologize i thought i attached
the record action but i guess i didn't
but this project was
voted on as a conspiracy
item from their
okay
and it looks as if well i'll let you
give us a uh
idea of why they're doing this and why
they they want to encroach a little bit
over there as opposed to building it
six feet six inches away
um so i think
it's a very
narrow area of deck it's only ten foot
five inches and so they wanted to make
use of that full ten foot five inches as
opposed to giving up an extra foot and a
half
which would take it down to eight feet
which you know is hard to get kind of
a table in there or a furniture
arrangement
so
and
the
building is angled to the lot so it's
five foot one at the worst case
um but you know it's five foot eleven
down at the other end so you know it's
not
five foot one the entire length of the
property line
that's a good point it looks like that
here
um so that's that's the reason why they
want to use the that full portion of the
deck
um for the screen porch
got it
okay
so
and miss parker you what's your
relationship to the i'm the architect
thank you very much
the deck is also
already in existence at five foot one
inch correct okay correct
all right is there anybody
in the audience that is here pro or con
this case please
i see no indication such
uh members of the of the panel
do you have any questions or comments
okay
um
kathy
uh
can you give us findings of fact and
conclusions of law on this the final
defining effect decision of the board
for application number bzap dash
21-37 for property located at 809 south
cassingham
upon consideration of the application
proposed variance and evidence and
testimony before the board finds the
applicant has proven the criteria to
grant an area of variance to mexico
section 122611c
have been met and variants
from mexico section
1252.09 r6 zoning to allow a screen
porch
cons to be constructed on the existing
deck which sits five feet one inch from
the north side property line
and is consistent with the principal
structure
okay we can do this in one
one fell swoop here the board further
finds it appropriate to grant a
certificate of an appropriateness
appropriateness as recommended by the
architecture review board
to allow the screen porch and
modifications to the roof on the second
story
sleeping port
as submitted
okay
parker are you okay with that rendition
of the findings of fact and conclusions
of law yes okay
is there a motion
to uh prove the findings of bank so
moved second thank
you okay
we got a third on that one now he beat
me through the side that might be a good
sign for you oh i put you down a second
oh um we have a streak going you've had
yours it's playoff time
kathy why don't you call the roll
yes miss mitchell yes mr marsh yes mr
levine yes chairman b hall
just for the sake of president i know
but the matter passes
and you have your ability to move
forward with the
variance that you needed thank you thank
you
all right
the next case is case
pzap dash 21-38
the property is located at 2199 east
main street it's the blackmore library
the owner is capital university i hope
and the applicants are susan hunter and
james gray
who are here tonight
all right
why don't you come forward and we'll
swear you in
and
the applicant is seeking architectural
review and approval from the from b zap
to allow
a temporary banner to be posted on the
west side of blackmore library building
in this case to announce a new mascot
the
applicant is also seeking a variance
from mexico city code 1260.07 b2
which limits a non-residential temporary
sign to 64 square feet in area
to allow
a 600 square foot temporary banner on
the west wall of lake moore library
building
afghans also request future banners
two banners per year maximum
subject to staff design and review
if the board finds the size location
appropriate to grant a variance so you
want sort of a variance and
sort of an ongoing variance to utilize
the exact same location with the exact
same size or smaller
uh in the future but no more than twice
a year did i state that accurately you
did sir okay
your name sir jim gray jim would you
please uh raise your right hand and do
you swear or affirm that any testimony
you give the board this evening will be
the truth the whole truth and nothing
but the truth i do thank you sir and
what is your position with the
university i'm the
sign contractor the manufacturer of the
of the banner and the system that we're
going to put in okay very good
so kathy do you have a staff perspective
on this matter please i do staff would
like to point out that the university
has
had a prior displays related to the
university on the wall of the blackmoore
library we reached out to them to
provide process for future displays and
would need that they would need to be
submitted to the board of zonian
planning for review staff finds that the
current request for announcement of a
new mascot to be appropriate and why we
have this application before the board
at this time
the fact that they would like to request
future banners might be something we
need to
discuss further to see what the board
may find acceptable based on the
following items the
the proposed frame and its color
uh allow future banners to be attached
to the wall mounted bracket the length
of time the banner should be displayed
and the size
so
typically we have
we allow banners and they're usually
much smaller so this is something a
little bit different and it's you know
for the university it's not just simply
selling something it's just you know
promotional for special events and such
so it's a little bit special
um the size is a little larger than what
we typically have
and usually
with banners the only criteria is that
if it ever shows where that has to be
replaced if it's up for a certain time
period
uh and also
what's the city's view of what temporary
means temporary is typically
30 days
so this is this is something a little
unusual so
you know based on
and those are typically for
an event or it's a business a grand
opening you know so this is something a
little bit special in nature
um
so you're not with the university but i
assume the name is changing because
there are some religious intonations to
crusader and and we're trying to get
away from that
is that are you with the university
privy to that why it's changing
well they did go through an extensive
you're not going to change the name
indians are you okay
i think they did go through a pretty
extensive stakeholder review and survey
process and allowed their stakeholders
to vote so
oh
yeah is it a secret it's a
secret all i have is a sample
[Music]
before the next meeting so i wanted to
get at least this part of this request
in for this meeting and then if you want
to table the rest of it to decide or
unless you have enough information to
well
let's um
first of all
are there any questions from members of
the board about
i mean i i think we probably want to get
into some discussion about um what does
temporary mean
we don't want to six months time frames
probably
and to cover the whole year but on the
other hand might be for announcing a new
uh
mascot you didn't want more than 60 30
days or
60 days you know might might want the
whole football season or something what
would we expect them to come back every
time um well that was another thought i
had i mean my thought was if
if the board was comfortable with it
that they could submit future
banners to staff to review it if you're
okay with the size the location the
lighting right
yeah i think that's right i think we
would suggest i would suggest that we
say
we're gonna say it's okay to have a
banner in this location with this
the amount of quality that we're gonna
be finding out about here in a few
minutes
and as long as there's no nudes or
whatever on there i don't know what what
else you you i mean there might be news
i wouldn't allow that
but but the city would would have to uh
the staff would have to review the
content of the sign once we're down
online okay so tell us a little bit
about what you're doing in
the quality of it and
how it's going to be erected and how
it's going to be lit and those kind of
things i will do that the one thing that
i thought i uploaded kathy was the
rendering of the full building with this
is that on your website there it is
there it is no this
oh
no i want to give that to i didn't think
maybe is that emailed
that was email okay
yeah see they have to be uploaded to the
application so we can pass it around oh
okay
awesome
this is what i had requested him to
submit so thank you very much for this
[Music]
so in this particular panel this very
first left side one
that's the best
visual um
that's the best visual location for the
panel to go
yeah that's the part in the red the
people that are driving yeah you don't
want them to turn their head and wreck
where you're going downstream you know
so um and it will always stay in that
position
um we will not adjust the size of it
because there's a framing system that
goes with that i see and it and i have
the i have the pieces with me to show
you how the framing system works if you
need to see that okay okay um
tonight
this is a rigid uh uh
structure that's going to withstand wind
oh yeah it's only one inch off the wall
okay
this actually bolts
to the building
and then these these go to the pipe that
i showed in my
and since it's becoming part of the
permanent structure do you provide or do
you also install any kind of water
protection anything like so it's
anchoring into the building but what
happens if water were to get into
the structure you know what we do with
that once we penetrate the building
we're going to use a concrete anchor in
there but prior to that we flood that
hole with silicone
so that it doesn't go into there it's
repelled out
that's all i was waiting to hear
yeah it doesn't go in we always do that
with anything that we do
and those are the fastening points
that's that square that you see is
galvanized pipe so it doesn't rust
schedule 40 pipe
these are cadmium plated so that they
don't rust and the bolts are black oxide
so they don't rust so
they go around through the banner and
they hook it and we draw it up tight you
see many of these systems if you go to
easton we've done them at eastern
they're above amc theater where they put
those big graphics where they advertise
it's in a new lazarus garage there did
you see that they advertised peloton and
and a bunch of other things there where
it's pulled tight so they're they're
everywhere in the city that we've done
these and they work very very well it's
the same system i don't know if you
drive downtown you see orange barrel
with all the graphics on it's the same
system that they use on their building
okay so it's that's that's what they're
asking to do to put that system in and
what is the material that the actual
banner is made out of it is called a
coulee bright or a panaflex material
that material is used in high-rise signs
that you drive down the freeway where
you see cracker barrel or you see
mcdonald's or whatever in those big
signs it's a very very thick
water-repelling material okay
it's plastic it's a plastic yeah
and
being on the this is the west side of
the building it's going to be on so it's
going to get some
impact from wind it's going to get the
wind and that's why we only got it one
inch off the wall so it's only going to
be off the wall the thickness of this
right here i see right there
and how is this lit
we haven't determined if there's going
to be any lighting on it yet we just
don't know that what we're going to do i
mean we've talked about it they've
talked about it um we haven't come up
with anything there's a couple things
that we've talked about but nothing
concrete yet
do you mind if we would were to ask you
to
have the lighting plan once it's devised
approved by the uh city i would do that
and i don't know who if the city would
do that but
that's going to be of another we don't
do that venue okay there'll be somebody
like uh claypool electric i see one
we'll have to submit for that okay so we
want to keep that separate from what
we're asking to do here yeah that's fine
i just think we should be asked if we're
going to grant future
signage
to go up
that one it would be conditional upon if
they add any sort of additional lighting
because that changes the
attention span of the drivers going by
when there's also lighting
and then also
define temporary
i think we need to define it
a little bit
[Music]
i would be
of the ill to say temporary is no more
than 60 days
i'll just throw a number out to the
board for consideration i was thinking
90 do you think 90. yeah if you have a
big major event that you're trying to
really draw attention and support for
even this i would think would need to be
up at minimum 90 days i mean it's
changing their entire
brand
if you will so the community that's
attached to capital
and attached to whatever
needs to have time to marry to it as
well and vice versa i'd give the
opportunity for capital she said to get
that out and also to do it in the
highest quality way possible
um 60 versus 90 days is
at minimum i think 90 is good i mean i
don't think you need a two year long
sign but
yeah at minimum 90 days
is 90 acceptable to the other board
members is it reasonable are you are you
seeing a minimum of 90 or i was just
saying that i think we should we should
define temporary
yeah i i just don't think if they want
to come back you know to staff for
example for another
event and say it's um
say it's for peloton for example we
don't want to sign up there for like six
months for peloton right what about an
academic semester
well that's
was the semester of 16 weeks
so
16 weeks
yeah please did you yeah did you uh get
sworn in uh do you swirl or affirm any
testimony you give the board this
evening will be the truth the whole
truth nothing but the truth thank you
please proceed
it's part of
really a new brand and identity so i
think that it was our hope that we could
keep it up for at least
primarily because it's a complete shift
in our our brand i mean we are moving
away
from the crusader and this is
um it's been something that's been
somewhat divisive and somewhat difficult
for
um
we've gone through a very sensitive
betting process
process
come to a conclusion
as you always
make sure that you know everyone has a
chance to appreciate and understand what
it is so it's it's part of a larger
writing
project that we've got going on on
campus
and i would think even for this
particular launch not future signs but
for this particular launch a longer time
period is appropriate
i it could literally be a part of it
could literally
it's going to look like it's part of the
university signage you know way finding
signage whatever you want to call it
it's just really big
so it'll also take a while for it to
sink in
absolutely
so a four-month maximum would be our
definition of temporary
or for this sign and then future signs
if you want them for maybe 90 days yeah
i think the this sign for this purpose
i'm okay with that sign being up longer
whatever longer is i don't care but
anything else i think should not be
exceed 60 to 90 days
okay
is there anybody in the audience that's
for against this matter please
sir
i didn't swear you in earlier did i no
sir you swear or affirm that any
testimony you're about to give this
evening would be the truth the whole
truth and nothing but the truth
thank you please for the record state
your name john lewis 663 euclair avenue
thank you uh two things first i'm
absolutely thrilled uh several years ago
out of the clear blue sky there was a
huge mural on the side this exact same
place out of nowhere i was fit to be
tied to see a great big mural with no
advice for no advancement notice from
anybody spoke to kathy spoke to the
mayor so i i thank you for that for
starters i do have a question regarding
what this picture whatever you want to
call it is going to look like do you
have to prove what it's going to be
i would think i mean they're not showing
it today and that's i think it could be
a staff approval as opposed to the board
of zoning but i do think that each
design for each new sign would have to
go through staff
thank you don't you all think
that yeah yeah i think it should be
staff yeah yeah that was my
understanding for mistakes
correct and i also think that the
signage should directly relate to the
the university and the university
mission like it shouldn't be oh we
partnered with
this company that's sponsoring an air
slapping their
you know just do it sign on the side of
the wall like not calling out anyone
board of specific and our university
leadership to receive approval as well
so it goes through a pretty careful
vetting process on our end as well
and this sign is a rendering correct it
just doesn't have the actual
mascot in there and yeah i just wanted
to clarify because i just don't want
there to be any um question in this
particular case with this inaugural year
of the mascot i would
petition that maybe we could even extend
it to a six-month period of time for
this first go around if not a little bit
longer our hope is not to keep it on
definitely obviously we need to be
sensitive to what's happening
and actually look at um different events
that are having our campus and make sure
that we're not leaving a message that's
really outdated
but um
in this particular case i would say that
this is
given at least the option to extend that
between you know four and up to six
months and then replace it
future banners would be a smaller period
of time unless petitioned otherwise for
a special announcement of this magnitude
to her point
ms mitchell's point
uh
i mean if somebody came to university
and said here's a million dollars i want
you to advertise nike
i mean the university might very well
pass muster on that i'm not sure
that we would want it for
advertisement of any commercial
endeavor
outside of i mean you could have a
fundraiser for the university
that might be a commercial endeavor i
guess but at least it's university
oriented so are you okay
in in line in light of ms mitchell's
comments to say as a condition that it
would relate to university
activities
and endeavors
so if we have 100 years of music like in
let's see three years our university
will turn 200 years old i mean that's a
significant milestone for the university
or
so
i think um obviously it would support
absolutely support mission and then any
programming that goes on on campus
i'm okay with this six month period i
mean just because i understand branding
and marketing and that importance but
you know
four to six months is more than
sufficient to me or okay tonight i mean
i'd be i'd be fine with even longer for
for this initial banner just because
it's such a big you know
branding opportunity for them if we were
just if we were to approve this event
what would be the most feasible date you
could hang this banner
we were hoping um the mascot
announcement will be made prior to this
but we were hoping that this that
blackmore library banner could actually
be
so any time leading up to that point
we'd have
additional amount coming back to campus
rick you have any problem with these
most people just once they're at the
light is when they're really going to
capture it or walking up but i mean
it'll and it's going to draw attention
because whatever the mascot is is going
to be this smack in the middle
does it start with a c
[Laughter]
i know so i thought the blink yes for
blink once for yes and two for now i'm
trying to get i'm trying to give you to
give up the secrets
the flags along main street he's given
us permission to
use those flags to also
um create something very simple that is
the
rendering of the banners that will
appear along main street but in between
those banners right there will be
jim what is the name of of your company
west camp press we're out of westerville
okay
all right
so do we have a timeline for future
banners and does the board have any
suggestions
if we're looking if we're concerned
about the length of time are we
concerned about the maximum length of
time or the minimum like the time
maximum no more than two consecutive
academic semesters
expect to do it twice a year so yeah is
that with it yeah we're suggesting
they would only do two banners per year
max
that's sort of the request
if that's okay that would be one of the
conditions in 90 days for the
going future banners
once we get the map past the mascot it's
okay i don't care what it is but
level
90 days sound sensible or because 98
sounds what do you think
when we take down the batter after 90
days then there's going to be an empty
period where they're sure
any kind of a special event we could do
so on a case-by-case basis or well i
don't think we want to do a case by case
i mean
if we said
that there's 12 months of the year you
can put a banner up for four months at a
time
that's the school year essentially
right
i mean you're not really interested in
putting a banner up in the middle of
summer when there's no students here i
mean there's not there are some students
here i'm sure but
[Music]
so
because i don't think we want you coming
back every
so often just to get us to say okay to a
certain time frame do you you folks
agree with that
i agree 100 percent is a year a calendar
year or a roll in 12 months
uh i would say it would be a 12-month
period starting from the day we give
the approval and then 12 months from
there every 12 months
if that two banners for 12 month period
starting october first yeah
how about this
when does school start
okay so why don't we say starting august
1st because they may want to have a
banner up for the new students that are
coming in who knows but august 1st until
august 1st or july 31st is the 12-month
period that's probably easier that
probably makes more sense from the
university's perspective so if we get
ready to do that what's the time period
nope 12 months august first starts the
12 month period and two banners for 12
month period correct four months for no
more than four months except in the
first case
where it sounds like we're okay with six
months
[Music]
is that yeah
am i am i hitting the points well the
university the university is going
through a lot of expense for this i
don't see what would also be the harm in
allowing them to keep that space during
the summer of next year with this first
sign and then on august 1 they may have
a new
campaign that they're going to want to
launch oh yeah i totally agree with that
meeting with staff in the middle
i just i think i don't understand the
point tell me what how are you how you
would change the conditions
just in this particular one the new
mascot announcement i would allow them
to leave that one up until august 1
2022. i see
would be lighting or any kind of
additional yeah
you know directional wedding would have
to be approved by the staff
but everything else would also be at a
staff level all everything else and and
the content of future signs would be
approved by staff and they she'd bring
it to us if if you know she wasn't sure
what was being proposed karen and i
usually have these discussions and then
we decide to take it to the board if
we're not comfortable with it yeah
i mean if it's a picture of the statue
of david you know a beautiful piece of
art i mean you might you guys might want
to run it by us but we may not want to
go you might
good point good point
yeah if you get that
yeah have them bring it here from
wherever it is room i guess um
all right
there's a lot of conditions here i think
we've got them all straight
kathy hopefully
are we okay if kathy takes a shot at
finding the fact conclusions of law
the findings the fact and decision of
the board for application number
bzap-21-38
for property located at 2199 east main
street blackmore library
west
facing wall
uh upon consideration of the application
proposed variants and evidence and
testimony before the board finds the
applicant has proven the criteria to
grant
area variance to mexico section 12
26 11
c
has been met and a variance from mexico
section 1260.07 b 2 to allow a 600
square foot banner okay with the
following conditions and tomorrow at the
first banner is subject to a one-year
period
all banners
are subject to design review and
approval by staff
and by the capital university board of
trustees and be university oriented
and future
calendar year
will start on august 1st
2022
and banners
be allowed to
remain in place for four mer uh for a
four month period of time
per banner
and a maximum of two per year
maximum of two per year
and any lighting is subject to further
review and approval by staff
or the board of zoning and planning if
staff is not comfortable with what's
proposed there you go
that was a mouthful
would it make more sense to make it six
months so two per year six months so
there's it's not empty
well and that actually saves us money
because every time
all right have him go up twice not four
times
i don't know i probably spoke out of
turn i don't know that we would go to
the board of trustees but absolutely
approved by president
yeah i don't think we care what they do
internally okay
so i think take the board trustees out
of that yeah because they they've got
their own internal structure and their
university leadership approved by
capital yeah yeah there you go well and
be university oriented
they're coming to us so it's going to be
approved by capital
i don't think you need to put anything
about approved by capital yeah right
i think
what the word you used was
related to capital or what word did you
use university oriented university
oriented
i think the concern was that they
i think it's somehow some way contain
any commercial advertisement
that's absolutely correct so when i was
pointing out
university related to their mission or
specif i don't mean to advertise
you know half off at the bookstore
it really ties to
like the 200 year anniversary is a great
example um just something that's
significant mitchell i know exactly what
you mean because you said that the
chairman chairman had actually said well
if if it just furthers the mission of
the university to his own point one
million dollar check does further the
mission of the university it's not that
we're questioning the current
administration right just planning for
right
so no commercial advertising should that
be a number four i think that would be
right no commercial advertising
uh to tell them they can't uh put up a
banner
yeah we are but i tell you what are we
regulating
they can't have a banner at all
that's big that's this big
commercial advertising as a primary
subject i don't i don't i don't know
that i'm not a lawyer i don't know the
ins and outs all i'm
all i'm saying is i would not want to
drive down main street
and see
nike
on the side of the wall
we are we are a zoning board we have the
authority now i understand i was just
kind of pointing out
you know hey
guidelines just recommendations feedback
call whatever you want
well i'm comfortable adding it in here
so in case i'm not here two years from
now that the next person knows what they
should and shouldn't but for your sake
i'm hoping you're not
me too
and if they ever need a variance from
that then they can come and seek the
variance absolutely all right that was
quite a mouthful there
hey
you want to
no do you understand all the terms and
conditions that were read off
are you are they acceptable to the
applicant
so we changed to six months right yes
six months this one the first one and
this is well that's one year
every six months
yes
august 1st 2022 is when the next banner
will go up
for six months and six months
so we put a new banner up for six months
but we want to put one up that we had
before that we got approval for do we
have to come back and get approval from
now since it's already approved
it's all staff approval so you can just
send me an email let me know what's
going on and
yeah your answer is probably not
right but that's a good question yeah
we're trying to make it where you don't
have to come here
for meetings okay so i think we've got
it where we want it do i have
a
motion to approve the fighting effect
second
she beat you this time
i was waiting on it all right
um
kathy please call the role mr levine yes
mr schick yes mr marsh yes ms mitchell
yes chairman b hall i vote yes as well
good luck thank you come on
tell us the name
i'm kept law 13 can you tell me i gotta
make it it's uncapped
can you tell me you gotta do this
we do have some other business on the
docket as i've been told so
um
mr levine
yes
um
what do you consider the case in january
of this year for 2753 sherwood road
2753 sherwood 27.54
54. okay
and uh it involved a two-level garage
you know when we had the debate about
what a level and what's a story and
anyway the applicant
it was tabled initially in december and
they came back at a lower
height
and anyway my neighbor
approached me and asked me to take a
look and i i went
and saw this
this garage under construction in his
backyard and and it is really
overwhelming
and
what i
i want to bring i'm bringing a motion to
reconsider the case
it's b zap
21-20 according to what kathy told me
and what i'm asking what i'd like to ask
the board to consider is
some screening in terms of plant
material arbor arbavidi
to so that this neighbor
on briden is not looking at a
sheer
overpowering wall
in their backyard
okay
2754 sherwood
they came back with a new design
sherwood yeah it's on
it's on the um
on the north side it's on the north side
of sherwood and the house that is
that is
looking at it is on
brighton the south side of brighton and
there's no alley
between those two
streets
are we potentially considering an issue
that they have gone outside the
certificate of appropriateness
i mean should that be
there's been a certificate appropriate
and a variance granted for the structure
yeah there's been a variance already
granted but i'm just wondering if it
like you shoot from ground to the sky
like is it really
more overwhelming than perhaps what we
approved or
that's hard for me to say so we maybe
okay
rick
you don't know anything about the height
you didn't measure it or anything like
that you're just suggesting that
there should have been
possibly a condition associated with the
with the granting of the variance and
that condition would then if you're
going to build something this massive
this post
that there should have been a at least
some kind of a screening condition
associated with the variance that's
right and if
if this brighton road neighbor had
appeared to the hearing which he did not
and expressed this concern i think we
would have readily
required it
okay so
that's my motion is to consider is to
consider some screening
but it's like material if what's being
built
is to what to the specs that we approved
well we don't know that i can't say that
it is or it isn't i can't assume that it
isn't
so did your neighbor i didn't i don't
ask him from a process standpoint is
with the neighbor be
expected to file whatever necessary
complaints through kathy's office no
the neighbor cannot
only a member of the board can file a
motion to reconsider
because we have a concern that it's not
being built as we have a concern that it
was improperly granted possibly it could
have been granted with with
more
attention to uh the fact that it's
so big and so white and so close and
that we should have uh done a better job
so he's saying can we as a board
reconsider our decision
the neighbor has no
authority to ask us to reconsider
nor does the and why would the applicant
ask us to reconsider now let's talk a
little bit about some of the
do would there have to be notice sent
again would just have to go on a docker
down the line
i was contacted by a neighbor related to
that
you were contacted i'm sorry right by
the neighbor
okay
okay and the neighbors can't do anything
about it but okay so
would it go on the october docket
do you have enough time to get that
notice out i'm going on vacation next
week and i've already prepared my well
that vacation was canceled i forgot to
tell you
um for the just the zoning board
for just a zoning board i would have to
give a two week notice so i could
probably
this is this is the question i think the
city attorney is
well i mean a board member can request a
reconciliation
and another board member would have to
agree
i understand that i understand that
process what i don't understand is the
grounds for bringing in the first place
just because a neighbor said hey
i don't like this
and
you know can you look at it what the
neighbor says is irrelevant well how
about that because it didn't matter
whether the neighbor brought it up to
him or not he could have been walking
his dog
and said wow that's not okay and i voted
to grant that variance and i want the
board to reconsider i mean we have to
vote on the motion to reconsider and
that's the past
but when you say reconsider don't ask me
this as a legal question does that mean
you can reconsider anything about the
application because if it's already
built in the ground
what if what if we say what the board
says
you have to tear this roof down and
rebuild the roof on a house
remember that case
how long ago was that
part of me but the building was already
built in that case as well
but it was built
and we had to reconsider the motion to
reconsider in that case
said we want to re-look at this
situation that's all so it's up to this
board they can decide if they want to
reconsider the case any case for any
reason doesn't mean ultimately
right it also doesn't mean doing it it
just means
that it would come before the board
the applicant would have a right to say
i understand although i'm just trying to
i'm trying to anticipate
what happens
or
i'm just trying to understand what
happens for a reconsideration of
something that's already
in process
that the
reconsideration would be
[Music]
which i can't say
yeah yeah
well and it it just so happens that
those backyards are not large in that
particular uh area you gonna you have a
picture
but emotionally reconsider just says
we're gonna reconsider it doesn't seem
to vote for it or against it i mean
the question is is there adequate
grounds
as brought forth by the moving
member
to reconsider
make a motion make a motion please the
motion's already made all right second
you second okay
any further discussion or questions from
members of the board
the question is should we reconsider
this case
and he is suggesting mr movement is
suggesting that he's
want to reconsider for purposes of
adding conditions
so there you go do you need to vote any
further questions please call the roll
uh mr levine yes
mr marsh
no
[Music]
miss mitchell no
mr shaykh no
chairman b hall i vote yes
the motion fails
all right
is there any other business before the
board
there being none yes sir
i'll entertain a motion to adjourn
thank you meetings adjourn
thank you for bearing with me since we
didn't have jason here for our
commercial stuff