[00:00:01]
YES. GOOD EVENING. I'D LIKE TO CALL THE JULY 25TH 2022. NEW ALBANY BOARD OF ZONING AND
[I. Call To Order]
APPEALS MEETING TO ORDER MISS TAYLOR, CAN YOU PLEASE TAKE ROLL? MR SMITH? PRESENT, MR SHELL. MR JACOB PRESIDENT. MR LEGEND, SAYS MS SAMUELS, MISS WILL TROUT PRESIDENT THANK YOU.[III. Action of Minutes]
I WOULD LIKE TO REVIEW THE MINUTES OF THE APRIL 25TH 2022 MEETING. ARE THERE ANY ADDITIONS OR CORRECTIONS? MR CHAIRMAN, I MOVE TO APPROVE THE MINUTES FROM THE APRIL 25TH 2022 MEETING.SORRY JUST A SECOND ON THAT THERE WAS ONE CORRECTION WHICH I MADE FORWARDED TO CHRIS. IT SAYS MR GALLAGHER AT THE VERY TOP, AND IT SHOULD SAY, MR LOGIN, SO THAT CORRECTION HAS BEEN MADE RESTATE THE MOTION. OR. YEAH THAT'S OKAY. THAT'S FINE. YEP OKAY. MR CHAIRMAN WITH THE ADDITION CLARIFIED BY CITY STAFF MOVED TO ACCEPT THE MINUTES FOR THE APRIL 25TH MEETING. YOU KNOW, I WILL. SECOND. MR JACOB. YES. MR SMITH? YES. MR SHELL. AND I WOULD ASK IF THERE ARE ANY, UM ITEMS FROM VISITORS THAT ARE NOT ON TONIGHT'S AGENDA. SAYING NONE. I WILL MOVE ON. I WOULD LIKE TO SWEAR IN ALL OF OUR GUEST. SO IF YOU WOULD PLEASE RISE IF YOU'RE PLANNING ON SPEAKING TO THE COMMITTEE TONIGHT. AND DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT
[VII. Cases]
THE TRUTH? THANK YOU. ALL RIGHT . WE HAVE ONE CASE VARIANTS 74. 222 VARIANTS ALLOWS A PLAYGROUND TO BE LOCATED WITHIN A PLOTTED BUFFER AREA AT 73 65 MILTON COURT. MHM AND STAFF WILL HEAR THE REPORT, PLEASE. SURE. AS YOU MENTIONED. THIS IS A VERY ENSURE QUEST TO ALLOW A PLAYGROUND AND EXISTING PLAYGROUND TO REMAIN AND, UM REMAIN IN PLACE, WHICH IS IN A PLANTED BUFFER AREA AT 7365. MILTON COURT. I THINK ANDREA MIGHT HAVE BEEN THE ONLY ONE THAT WAS HERE BACK IN DECEMBER OF LATE 2021. WE DID HEAR A VARIANCE FOR THIS APPLICATION. IT WAS DENIED BY THE BOARD OF ZONING APPEALS AND ALL KIND OF GIVE EVERYONE A REFRESHER ON WHAT WAS HEARD. SO THIS IS THE PROPERTY OUTLINED IN RED HERE? THE APPLICANT ORIGINALLY 2021. JUST THIS IS THE HISTORY LESSON PORTION. SO IN 2021, THE APPLICANT BROUGHT FORTH A VARIANCE TO ALLOW A FENCE, WHICH IS SHOWN IN RED. AND A PLAYGROUND EXISTING PLAYGROUND TO REMAIN INSTALLED IN A ARE TO BE INSTALLED IN A PLANTED BUFFER AREA. WHICH IS SHOWN AND GREEN HERE. PLATT STATES THAT NO WORK OR ANY OTHER OBSTRUCTIONS CAN, UH, BE ALLOWED TO BE INSTALLED IN THE PLANET BUFFER AREA, SO VERY ANSWER WAS REQUIRED. DURING THE MEETING, THE APPLICANT REMOVED TO THE REQUEST FOR THE PLAYGROUND TO BE INSTALLED IN THE BUFFER AREA AND ONLY REQUESTED THAT THE VARIANTS BE APPROVED FOR THE FENCE ITSELF. THE VARIANCE WAS DENIED BY THE BOARD OF ZONING APPEALS.AND THEIR DENIAL FOR THE FENCE. THE BC A STATED THAT APPROVING THE VARIANTS REQUESTS WOULD NOT PRESERVE THE SPIRIT AND INTENT OF THE BUFFER ZONE REQUIREMENT, WHICH WAS PUT IN PLACE AT THE TIME OF REZONING. THE BOARD AGREED THAT THE PROPERTY COULD STILL BE ENJOYED WITHOUT GRANTING THE VARIANCE REQUEST AND DID NOT NOTE OF ANY SPECIAL CONDITIONS OR CIRCUMSTANCES WHICH WOULD JUSTIFY THE REQUEST AT THAT TIME. THE APPLICANT IS BACK TONIGHT TO REQUEST THAT THE PLAYGROUND ONLY BE ALLOWED TO BE INSTALLED WITHIN THE BUFFER ZONE. SINCE THE TIME OF THE DENIAL AND LATE 2021, THE APPLICANT HAS PROVIDED NEW INFORMATION AS PART OF THE JUSTIFICATION FOR THE VARIOUS REQUEST, WHICH WAS NOT INCLUDED IN THE ORIGINAL APPLICATION IN LATE 2021. THE APPLICATION STATES THAT THEIR 10 YEAR OLD SON HAS AN AUTISM SPECTRUM DISORDER AND EXPRESSIVE SPEECH DELAY DIAGNOSIS. HAS A TENDENCY FOR ELOPEMENT AND IS UNABLE TO RESPOND TO QUESTIONS WHEN ASKED THE APPLICANT STATES THAT ALLOWING THE PLAYGROUND TO REMAIN IN ITS CURRENT LOCATION ALLOWS THEM TO MONITOR THEIR SON AT ALL TIMES INSURANCE SAFETY AND ENSURE THAT HE HAS NOT ELOPED OR LEFT THE YARD WITHOUT PERMISSION. BASED ON THIS NEW INFORMATION STAFF IS SUPPORTIVE OF THE VARIANCE REQUEST. WE DO HAVE TO RECOMMEND THE CONDITIONS OF APPROVAL IN THE STAFF REPORT , ONE OF WHICH WAS INCLUDED IN THE ORIGINAL STAFF REPORT, WHICH
[00:05:03]
IS THAT ALL OTHER AREAS WITHIN THE BUFFER ZONE BE UNDERSTOOD HERBS AND ALLOWED TO BE GROWN AND REESTABLISH REESTABLISHED AS HAS EXISTED HISTORICALLY, SO THAT'S KIND OF ALREADY ACTUALLY BEING A COMMON ACCOMPLISHED. THERE IS A RESTORATION PLAN THAT THE APPLICANT HAS BEEN WORKING WITH OUR CITY FORESTER IN OUR CITY CODE ENFORCEMENT OFFICER ON MAKING GOOD PROGRESS. I BELIEVE IT'S ALMOST SUBSTANTIALLY COMPLETE TO GET THAT BUFFER AREA THAT THEY DISTURBED RESTORED.THE SECOND CONDITION OF APPROVAL . THIS IS A NEW ONE STAFF RECOMMENDS A CONDITION OF APPROVAL TO THE PLAYGROUND EQUIPMENT MUST BE REMOVED IF THE CURRENT PROPERTY OWNERS OR THEIR FAMILY MEMBERS NO LONGER RESIDED THE PROPERTY IN THE PAST OVER TO BEN ALBRECHT, OR CITY LAW DIRECTORS HERE JUST TO GIVE SOME COMMENTS ABOUT THE 88 CONSIDERATIONS FOR THIS CASE.
YES SO I'M HERE. CHRIS WANTED ME TO I GUESS, PROVIDE LITTLE INFORMATION ABOUT THE IMPLICATION OF THE A, D A AND OR THE FAIR HOUSING ACT ON THE SITUATION ON THIS REQUEST, AND WHILE THE BBC A WOULD GENERALLY CONSIDER THE FACTORS THAT WERE SET FORTH IN THE STAFF REPORT THAT IT TYPICALLY CONSIDERS WHEN FACED WITH THE REQUEST, RIGHT LIKE THIS WHEN THERE'S AN INDIVIDUAL THAT DISABILITY INVOLVED IT'S ALSO APPROPRIATE AND THE B C. A SHOULD ALSO CONSIDER THE APPLICATION OF THE A. D, A. THE FAIR HOUSING ACT AND DETERMINING WHETHER OR NOT SOME TYPE OF AN ACCOMMODATION AS APPROPRIATE BASED UPON WHAT'S PRESENTED, UM AND THAT IS AN ADDITIONAL CONSIDERATION. YOU THINK ABOUT ALONG THE WAY AND LOOKING AT THE REQUEST, AND IF YOU HAVE QUESTIONS ALONG THE WAY, I'M HAPPY TO HELP ANSWER THEM. IS THAT YOUR COMPLETE YOUR REPORT? MR. YES. DO YOU HAVE A EMAIL. FROM ONE YES, LIKE TO ADD INTO THE REPORT. YES WE DO HAVE AN EMAIL LETTER THAT WAS INCLUDED BY FRANK SUDOL. WHO BACKS ARE WHO HAS A PROPERTY, UH , TOWARDS THE REAR OF THIS, THIS THIS PROPERTY THAT WE'RE TALKING ABOUT TODAY I DID FOR THE EMAIL TO THE BOARD OF ZONING APPEALS AHEAD OF THE MEETING AND PRINTED IT OUT IN FRONT OF YOU. IF WE COULD JUST INCLUDE THAT INTO, UM THE RECORD AND RELATED DOCUMENTS. THANK YOU WILL DO.
WILL ACCEPT THE MOTION TO ACCEPT THE STAFF REPORT AT THIS POINT. SECOND. MR SMITH. YES MR SCHELL ? YES, MR JACOB? YES? I'M SORRY, MR JACOB 100 SECONDS. ALL RIGHT . DO WE HAVE ANYONE THAT WOULD LIKE TO SPEAK THIS EVENING? PLEASE COME UP TO THE PODIUM AND STATE YOUR NAME AND ADDRESS.
CHELSEA SING AND I LIVE AT 73 65 MILLION COURT. UH, WE ARE, YOU KNOW, THANK YOU. BECAUSE IT'S HEALTH, AND WE'VE BEEN WORKING WITH PAM TO REMEDY THE AREA THAT WE DIDN'T LEAVE UNTOUCHED. UM SO I THINK WE'VE COMPLETELY SPENT A LOT OF TIME AND EFFORT MONEY WITH OPEN NURSERY TO PLANT NATURAL. UM GRASS, WILD GRASS, NATURAL TREES. WE'RE NOT GOING TO TOUCH THE AREA AGAIN. SO WE DID SO BEFORE NOT REALIZING THAT WE I DIDN'T KNOW WE SHOULDN'T HAVE DONE. WE DIDN'T KNOW WE COULDN'T DO WHAT WE DID. SO, UM, WE COMMIT TO LEAVING IT UNTOUCHED, AND WE DON'T TAKE DOWN THE PLAYGROUND MOVIE. THE PROPERTY. WE DON'T PLAN TO DO ANYTHING. ANY QUESTIONS FOR ME? I WAS JUST CURIOUS THE FENCE. YOU GUYS DECIDED THIS TIME NOT TO INCLUDE DEFENSE. IS THAT CORRECT? THAT'S RIGHT IS THAT WAS THE REASON FOR THAT? UH WE WERE THINKING ABOUT PUTTING IN A POOL, BUT WE JUST KIND OF PUT THAT PLAN ON HOLD AND WE'RE NOT ACTIVELY KILLING THAT RIGHT NOW . SO THE DEFENSE THE INTENT WAS ALSO TO. IT WAS GOING TO ACCOMPANY PEOPLE. SO YEAH, THERE'S REALLY NO NEED FOR IT NOW. THANK YOU. THANK YOU FOR COMING THIS EVENING, SO MHM.
WOULD WE SUCCESSFULLY ALLEVIATE THE ISSUE IF WE WOULD MOVE THAT PLAYGROUND TOWARDS WHERE THE POOL WAS PROPOSED. WOULD THAT TAKE THAT OUT OF THE SPACE? SO IF IT WOULD READ IF THE PLAYGROUND WERE TO BE RELOCATED OUTSIDE OF THE BUFFER ZONE, CORRECT? YES, WE WOULD NO LONGER NEED TO VARIANTS. JUST TO KNOW IT'S ABOUT 5 30 FT MEASUREMENT. IT'S ABOUT MIDWAY THROUGH THE.
SO ABOUT HALF OF THE PLACE THAT IS OUT OF THE BUFFER ZONE AND ABOUT HALF AS IN, UM AND WE GOT IT INSTALLED YEARS AGO WITH PERMISSION FROM THE HOMEOWNER ASSOCIATION, NOT REALIZING THAT WE EVEN HAD THAT PURPOSE ZONE AND I KNOW IT HURTS IS NO EXCUSE, BUT WE DIDN'T KNOW AND
[00:10:01]
WE GOT WE THOUGHT WE GOT THE RIGHT APPROVAL. SO IT IS NICE WHERE IT IS BECAUSE I MEAN, PUT IT WHERE IT WAS. FOR A COUPLE OF REASONS. UM, FIRST WE CAN SEE IT INSIDE OUR KITCHEN AND LIVING AREA, SO THAT'S WHY IT'S NICE. WE COULD SEE OUR KIDS WHEN THEY'RE THERE, INCLUDING MY SON.UM AND THEN WE ALSO THOUGHTFULLY PLACED IT BECAUSE YOU'RE NOT SUPPOSED TO BE ABLE TO VIEW IT FROM THE STREET. ANOTHER NEIGHBORS AREN'T SUPPOSED TO BE ABLE TO DO IT. AND THAT'S THE HOMEOWNERS ASSOCIATION ROLE, SO IT WAS FOR THE RIGHT SPOT. WE CAN SEE IT WHEN WE'RE INSIDE AND I CAN'T SEE IT FROM THE STREET SO BECAUSE WE'RE SORT OF AT AN ANKLE, SO IT'S CLEAN. I THOUGHT WE PUT IT IN THE RIGHT SPOT, NOT REALIZING IT WAS YOU KNOW, HALF OF IT IS IN THE BUFFER ZONE IS THE PLACE THAT ANCHORED DOWN IS IT? IS IT MOVABLE AT THIS POINT OR IT'S NOT. IT'S NOT CEMENTED IN, BUT IT WAS PROFESSIONALLY INSTALLED AND IT'S NOT AN EASY THING TO JUST MOVE PICTURES OF IT. IT'S YOU WOULD LIKE TO SEE IT. YEAH. YES, PLEASE. THANK YOU. RIGHT? SO WHEN WE PUT IT UP , HE CAME AND TALKED TO US LITERALLY THE NEXT DAY BECAUSE I CAN SEE THAT SO WE WORKED WITH HIM AT THE TIME, AND WE PLANTED A LOT OF TREES, HEMLOCKS AND THEN A SECOND LAYER OF OUR PROVIDES TO BLOCK IT AS MUCH AS WE COULD. AND HE WAS OKAY WITH IT. I KNOW HE'S CONCERNED ABOUT SETTING A PRECEDENCE. UM AND HE'S TOLD. YOU KNOW, HE'S PERSONALLY I DON'T MIND IT. I JUST DON'T WANT TO SET A PRECEDENCE. SO I GET THAT, BUT, UM MICHELLE IN AND THIS IS A CURRENT PHOTO WITH THE WHOLE LEGEND. THINGS FOR THAT'S IT. YEAH. JUST TOOK THAT PICTURE THIS MORNING FOR IS IT? IN THE WINTER MONTHS, DOES IT IT'S DINNER. BUT IT'S STILL PRETTY THICK AND WE PLANTED OUR PROVIDES AND HEMLOCKS EVERGREENS TO BLOCK THE VIEW. UM AND WE DID AROUND WHEN WE FIRST PUT IT UP AFTER TALKING TO FRANK, AND THEN WE GET ANOTHER ROUND LAST SPRING, SO IT'S PRETTY THAT AREA LOOKS PRETTY MUCH AS IT IS. BUT THERE ARE OTHER TREES THAT YOU KNOW. SHOULD THAT AREA IS MOSTLY ALL EVERGREEN. THANK YOU. CAN YOU DON'T NEVER USED THIS. THIS IS THE FIRST TIME I THINK I'M KIND OF A NEW UH, WHAT IS THIS? OKAY? TREE. WHERE WE. YEAH, I BELIEVE THAT THIS REFLECTS THE CLOSELY REFLECTS THE APPROVED REMEDIATION PLAN THAT THEY HAVE WITH THE CITY. OKAY SO THE YELLOW IS THE BUFFER ZONE, RIGHT? YES OKAY. SO ONE OF THE ONE OF THE WAYS TO NOT CREATE PRESIDENT IS TO SAY, WELL, THIS LOT IS UNIQUE, AND THIS IS THE ONLY WAY THAT WE WOULD BE ABLE TO FIX THIS PROBLEM. I NEED TO UNDERSTAND IT WOULD BE HELPFUL TO UNDERSTAND WHY THE PLAYGROUND IS NECESSARY OR, YOU KNOW IT'S IMPORTANT THAT IT'S THERE. AS FAR AS WHERE THE LOT IS AND WHERE EVERYTHING ELSE IS SO LOOKS TO ME UNTRAINED EYE THAT THIS COULD BE SOMEWHERE HERE AND YOU'LL BE ABLE TO SEE YOUR CHILD VERY WELL, BECAUSE YOU'D BE LIKE FIVE HOUSE. I'M SCARED. OKAY? FREEZE. IT'S HARD TO SEE THE PICTURE. BUT THERE IS TREES. YOU FOR THAT. EXTENSIVE SIDE. WHITE. HMM. HMM. BUT IF YOU WERE LIKE ON THE PATIO, YOU COULD SEE HIM PLAYING RIGHT. LIKE IF YOU WERE LIKE ON YOUR PROPERTY, MHM. RIGHT? HOW COULD YOU SEE HIM? BETTER. FROM THE LOOK AT THIS FROM WHERE IT IS CURRENTLY, BECAUSE WOULDN'T SHE BE LIKE? LOOKING PAST THE POOL AND OKAY? YOU GO BACK. THIS IS THIS IS GREAT ENGLISH IS HERE.
OKAY? THAT WOULD BE. PIZZA. TO SEE IF SHE WAS OH, YEAH. YOU WANT TO DO IT? OKAY? OKAY?
[00:15:27]
MHM.OKAY I MEAN, I HATE TO TAKE AWAY SHOPS. RIGHT AND I'M I'M I'M UNDERSTANDING OF OUR CONCERNS TO HAVE TO COMPLY WITH THE HOMEOWNER ASSOCIATION AND PUT OTHER SCREENING IN THERE. UM, BUT OTHER THAN LANDSCAPING. IS THERE ANY OTHER REASON WHY THE PLATE GROUND COULDN'T BE LOCATED SOMEWHERE ELSE ON THE PROPERTY? AND IT'S OBSTRUCTED BY THIS SHRUBS AND TREES.
HERE. SO UH HUH. YEAH. MHM. AND THE KITCHEN IS THE LITTLE PIZZA SLICES, RIGHT? AND IS THAT THE WHOLE THAT WAS SOMETHING YOU WERE THINKING ABOUT DOING? IT'S NOT THERE. YES WE'RE NOT CURRENTLY. I MEAN, WE THE WE CAN BUILD THAT. OUR FOOT BUFFER. ACTIVELY PLANNING THAT RIGHT NOW. UM. THE REQUEST WAS FOR OFFENSE. KIND OF LIKE A ALMOST LIKE AN INVISIBLE FENCE AROUND THE PERIMETER. OF THE. SO. ACTIVELY STANDING ON DOING THAT. OKAY QUESTION FOR YOU THIS IN STATS REPORT. THEY THEY PUT INTO PROVISIONS THAT IF THEY HAD TWO CONDITIONS. RIGHT ONE WAS THAT, UM, THE ALL OTHER AREAS WITHIN THE BUFFER ZONE WOULD BE UNDISTURBED AND ALLOW FOR GROWTH AND REESTABLISHMENT OF THE ZONE . YOU HAVE NO ISSUE WITH THAT ONE AND THAT THE PLAYGROUND EQUIPMENT MUST BE REMOVED. IF THE CURRENT PROPERTY OWNER OR THEIR FAMILY NO LONGER RESIDE AT THE PROPERTY, OR COMES OUT OF OUT OF USE. UM EXPLAIN TO ME. I SEE THE PLAYGROUND PIECE. WEIRD WE ARE ONLY TALKING. HOW MANY, APPROXIMATELY HOW MANY FEET TO GET FROM WHERE THE PLAYGROUND IS TODAY TOWARDS WHERE THE POOL WOULD BE. WHAT? I DON'T UNDERSTAND WHAT THE ISSUE WOULD BE OF JUST ATTEMPTING TO MOVE IT 15 FT OR SO TOWARDS THE HOUSE TO WHERE THE PROPOSED SWIMMING POOL IS. AM I MISSING SOMETHING? OTHER THAN JUST I MEAN, IT'S RIGHT. IT'S JUST THE PHYSICAL MOVING OF THE PEACE. JUST ASKING FOR VARIANTS. IT'S EASIER TO SEE THERE. HMM. IT'S ONLY I GUESS ABOUT SEVEN FT IN THE BUFFER. I DON'T KNOW. I DIDN'T MEASURE EXACTLY HOW FAR IT IS. IN THE GRASSY CLEARED AREA THAT WAS THERAPY. THE PROPERTY. MHM. WE CAN LIFT IT OUT, BUT I THINK THE EFFORT TO TAKE IT OUT. IT'S GOING TO HAPPEN TO DISASSEMBLE THIS SONG, RIGHT? I BROUGHT RECEIVES. WE SPENT $40,000 THE PLANT TREES BLOCK IT SOMETHING, FRANKS. YOU AND HE WAS OKAY WITH THAT, AND I CALLED HIM BEFORE WE FOUND THE VARIANCE REQUESTS. AND YOU KNOW WE HAD A HANDSHAKE AND HE SAID, YET THEORY AND WITH IT. I JUST WORRY ABOUT THE QUESTION. UNHAPPY TO NEVER TELL ANYONE. WE GOTTA VARIANCE. QUIET. YOU KNOW, WE KNOW WE'RE NOT. WORKED HARD TO MAKE IT LUSH. AND IT IS YOU
[00:20:03]
CAN YOU KNOW, I GET NOT WANTING TO LOOK AT THIS KITCHEN ON. ANY OTHER QUESTIONS. THANK YOU SO MUCH FOR COMING OUT. WOULD ANYONE ELSE LIKE TO SPEAK ON BEHALF OF THIS? OKAY? UM WHAT I WENT BEFORE WE OPEN IT UP OR I GUESS TO START TO OPEN IT UP FOR DISCUSSION. UM I WILL GO BACK TO FRANK'S LETTER AND MAKE SURE THAT THE COMMITTEE SEES THE SIX IF THE VARIANTS WERE APPROVED. I WOULD REQUEST THE FOLLOWING CONDITIONS CONDITIONS BE SPECIFIED INSIDE. OF THE VARIANCE. UM. HAVE YOU SEEN FRANK'S LETTER YET? OKAY, OKAY. AND DID YOU SEE THAT WHAT HE WAS REQUESTING AS HIS SIXTH VARIANCES? HIS SIX UM, CONDITIONS THAT HE REQUESTED.COULD YOU SORRY? I JUST KNOW. OH, YEAH. I THINK THAT WHAT FRANK IS ASKING IS ALREADY IN LINE WITH WHAT WE'RE DOING IS PART OF THE MEDIATION EFFORT. WE WORKED WITH PAM AND THE FORESTER TO CONFIRM HOW MANY THINGS WE HAD TO PLANT WHERE WE HAD TO PLANT THEM TYPE WE HAD TO PLAN AND WE'VE COMMITTED. WE'RE NOT TOUCHING THAT AREA, SO WE'LL LET IT GROWN NATURALLY, OKAY? THANK YOU. ALRIGHT COMMITTEE QUESTIONS I YOU KNOW, I AM APPRECIATIVE OF DEFINITELY THE WORK THAT YOU FOLKS HAVE DONE INPUTTING INTO. REALLY NOT ONLY WORKING WITH THE CITY, BUT OBVIOUSLY WORKING WITH YOUR NEIGHBOR TO SHOW THAT YOU'RE ACTING IN GOOD FAITH, AND I ALSO APPRECIATE THE WORK OF THE STAFF TO PUT TOGETHER THESE RECOMMENDATIONS. THE ONE THING I GUESS YOU KNOW IF WE ARE GOING TO SET UP AND SOME FORM OF NEW PRESIDENT, YOU KNOW THE ONE THING THAT STANDS OUT TO ME REGARDING FRANK'S LETTER THAT I TEND. TO WANT TO GET IN LINE WITH A LITTLE HAVE SOME INTERESTING IS NUMBER FIVE WHEN THE PLAYGROUND EQUIPMENT IS REMOVED, THE AREA WILL BE ALLOWED TO RETURN. THE PRE DEVELOPMENT STATE AND THE QUESTION, I GUESS IS WHO'S. IS IT BEEN DETERMINED? YOU KNOW WHOM? WHOMEVER THE NEXT OWNER IS . THEY TAKE THAT OUT. WOULD YOU BE TAKING THAT AND I GUESS THAT'S WHERE I WANT TO MAKE SURE WE NIP THAT CORRECTLY BEFORE. IF WE TAKE ANY ACTION ON THAT WE WILL COMMIT TO TAKING IT OUT. AND WHEN WE IF WE LIST THE PROPERTY FOR SALE WOULD MAKE SURE THAT EVERYONE KNOWS HOUSE DOESN'T COME WITH THE PLAYSET AND WE'LL TAKE IT DOWN. OKAY. THANK YOU. HOW WOULD THAT BE INCLUDED IN LIKE A SEE DEED OR WHATNOT. IS THAT A BUYER BEWARE . BEWARE SITUATION OR I'M SORRY . COULD YOU REPEAT THAT IN DREAMS? I APOLOGIZE. THE QUESTION IS WHEN THEY HAVE A NEW HOMEOWNER HOW WOULD THAT CONDITION THE STATED UM WOULD IT BE ON THE DEED WOULD IT BE? YOU KNOW SOMETHING THAT WOULD BE? UM UH, LIKE THE LAW THAT THEY WOULD HAVE TO FOLLOW BACK UP BLACK OF A BETTER TERM. I THINK THAT'S SOMETHING TO PUT IN THE DEED THAT THIS CONDITION RUNS WITH THE NEED AND AS SOON AS THE NEEDS GONE, PLAYGROUND GOES AWAY , AND THAT WAY IT'S CLEAR THAT IT DOESN'T CONTINUE ON AND ONCE IT'S OUT, IT GOES BACK TO ITS PRE EXISTING CONDITION OR PRE EXISTING STATE. CAN I JUST ASK ONE MORE QUESTION FOR THE HOMEOWNER? UM IF YOU DID. I GUESS. TWO QUESTIONS ONE HAVE YOU HAVE YOU GOTTEN ESTIMATE ON WHAT IT WOULD COST TO MOVE? WE HAVE NOT. UM, WITH WITH YOUR SON. AND AGAIN I'M CERTAINLY NO EXPERT ON AUTISM AND DIFFERENT HUGH MOVED TO PLAYGROUND. 15 FT IS THAT. WOULD THAT IMPACT HIM TO STAY WITH THAT? IF HE IS USED TO SOMETHING BEING IN ONE SPOT, AND YOU MOVED IT. BUT THERE BE ANY TYPE OF YOU GET USED TO IT. EVENTUALLY, HE DOES HAVE RIGOR IN TERMS OF WHAT HE EXPECTS AND WHAT HE USED TO BE THE END OF THE WORLD. NO, BUT YOU KNOW HE IS. ON HAS HIS WAY OF DOING THINGS AND LIKES IT TO STAY THAT WAY. BUT IS THAT PART OF THE REASON FOR NOT WANTING TO IT'S JUST THE PLACEMENT AND SAFETY. I MEAN, HE EVEN WHEN WE ARE WITH
[00:25:08]
HIM. UM WE'VE BEEN AT THE PARK IN OUR NEIGHBORHOOD AND WE ARE THERE AND NOT CLOSE BY AND THE POLICE FOR CALL BECAUSE WE WEREN'T RIGHT WITH HIM. WE'RE WATCHING HIM. BUT PEOPLE TALK, YOU KNOW, WHERE'S YOUR PARENTS? AND HE CAN'T REALLY ANSWER DOESN'T ANSWER YOU CAN UNDERSTAND SO WE'RE JUST ALWAYS WORRIED HE'S HAD A TENDENCY TO JUST TAKE OFF DOWN THE STREET, SO IT'S JUST NICE TO BE ABLE TO NO, WE WORK FROM HOME. UM, WORK A LOT JUST WORK AND LOOK OUT AND SEE COME, AND THAT'S EVEN MOVE IT CLOSER TO THE HOUSE BECAUSE THAT ONE SIDE SO UM, IT'S JUST FOR US. WE JUST LIKE TO BE ABLE TO WATCH HIM, UM HE'S GETTING BETTER AS HE GETS OLDER, BUT HE'S STILL THERE WAS JUST ELOPEMENT EVENT AT HIS, UM, THERAPY CENTER LAST WEDNESDAY WHEN HE WAS THERE AND THE KID TOOK OFF DOWN. THE HIGHWAY, YOU KNOW, AND THEY DIDN'T NOTICE BECAUSE IT HAPPENS FAST. AND SO IT'S JUST ALWAYS A WORRY. BASEMENT IS PARTICULARLY IMPORTANT, MORE IMPORTANT THAN THE COST OF YES. SOMEWHERE YES. I MEAN, YES, WE WOULD. I COULD GET AN ESTIMATE. WE HAVEN'T BUT WE KIND OF LIKE WHERE IT IS. IT'S JUST A NICE LINE OF SIGHT TO WATCH. IN THEORY, YOU SAID YOU ALSO HAVE A TWO YEAR OLD. CORRECT YES, OLD WOULD ALSO WANT TO PLAY ON THE PLACE THAT, AS YOU KNOW, AS THEY GROW A LITTLE BIT OLDER, AND SO IN THEORY, THIS PLACE THAT COULD BE IN PLACE FOR SAY, THE NEXT 12 AND 14 YEARS UNTIL YOUR YOUNGEST CHILD AGES OUT OF A PLAYGROUND. SET UP. IT COULD, UM YOU KNOW, IN TERMS OF FRANK'S VIEW, THOSE TREES ARE GOING TO KEEP GETTING BIGGER AND BIGGER, THOUGH. SO UM IT ALREADY GREW IN REALLY NICELY . WE HAD, UM SO I GET IT. BUT, YES, IT'S WE'RE NOT EXPECTING TO GET SOME YEARS OF USE OUT OF IT, RIGHT? OUR COMMITTEE ANY OTHER ANY OTHER QUESTIONS? QUESTIONS. DOES ANYONE HAVE EMOTION? WE WANT TO OPEN UP FOR DISCUSSION. I THINK YOU OPEN IT. DISCUSSION. UM AND I'M JUST SO WE CAN KIND OF MAYBE SET THE CONVERSATION. THEN WE CAN MAYBE GO FROM HERE. I AM IN AGREEMENT WITH RECOMMENDATIONS FROM STAFF. HOWEVER I'M ALSO INCLINED TO, UM HAVE SOME AGREEMENT WITH NUMBER FOUR AND FIVE ON FRANK'S LIST. I LIKE IF WE DID PUT UM, SOME CONDITIONS IN THAT WE THERE'S NO EXPANSION. THAT IF THIS IS WHERE IT'S GONNA BE, IT'S GOING TO BE MORE IMPORTANTLY, UH, IF AND WHEN THEY DECIDE TO MOVE ON TO A NEW RESIDENTS, AND THERE'S A NEW OWNER THAT IT GOES BACK TO ORIGINAL STANCE. SO UM, I KIND OF SET THAT THERE AND SEE WHERE YOU GUYS WANT TO TAKE IT FROM THERE. TO BE ABLE WE WILL NOT EXPANDED IN ANYWAY. JUST LEAVE IT AS IS AND WE COMMIT TO TAKING IT DOWN WHEN WE GET. THAT'S KURT . WELL SO NUMBER THREE. IT'S UM OF, UM FRANK'S NO. POINT NUMBER THREE SAID THAT YOU KNOW IF THIS IS ALLOWED TO DO TO A ACCOMMODATIONS FOR A CHILD THAN THE PLAYGROUND EQUIPMENT MUST BE REMOVED ONCE THE CHILD IS NO LONGER IN THE FULL TIME RESIDENTS. I GUESS I WANT TO SIDESTEP THAT ONE. MY THINKING BECAUSE THAT WOULD PROHIBIT THE YOUNGER CHILD. I THINK THAT IS SOMETHING THAT WE WOULDN'T HAVE TO TAKE IT FROM YOU TWO YEAR OLD TO BE 10 WHEN THAT HAPPENS, SO RIGHT. I DON'T WANT THAT CHILD TO BE CRYING AS THEY GO. SO I THINK THAT I THINK WE HAVE TO. I GUESS I WOULD LIKE TO SEE IT. YOU KNOW, IT APPEARS THAT A LOT OF THIS IS WELL. A COUPLE OF THEM ARE COVERED IN STAFF'S RECOMMENDATIONS. AND TO YOUR POINT YOU'RE RIGHT. FOUR AND FIVE WOULD BE THE ONES UM AND THEN YOU YOU SAW, I GUESS JUST AS TO BE A GOOD NEIGHBOR. THE REQUEST FOR NO FERTILIZER, FERTILIZER OR PESTICIDES, WEED KILLERS TO BE USED IN THE AREA. I DON'T KNOW. UM IF YOU AND. AND FRANK ARE WOULD DISCUSS THAT. UO MOWING. I DON'T UNDERSTAND. I WOULD THINK YOU WOULD WANT TO KNOW. I THINK THAT'S FROM THE NATURAL BUFFERS ON IT SOUNDS LIKE RIGHT. THAT LITTLE. SURE I CAN SHOW YOU THE AREA THAT HE'S TALKING ABOUT AN AREA. RE AND FOURTH WEST NAVY AND WE CAN HEAR THEM OUT AND THAT IS IN FRANCE.THAT'S WHAT HE IS. REPORTED. AND THAT'S WHAT WE WERE ME EATING. SO IT HAS GRASS, BUT WE PLANTED IT WITH NATURAL GRASS, WILD GRASS. SO I THINK THAT'S WHAT YOU'RE SAYING. THAT'S WHAT HE'S
[00:30:06]
OKAY, OKAY. AND WE WILL NOT OKAY? ANYONE HAVE A MOTION? DO YOU WANT TO GIVE YOU A LANGUAGE IN THERE ON? UH MR CHAIRMAN. I MOVE TO APPROVE. UH, VARIANTS V . A. R. S 4 TO 0 TO TWO WITH CONDITIONS. ALL OTHER AREAS WITHIN THE BUFFER ZONE MUST BE RATE MUST REMAIN UNDISTURBED AND ALLOWED TO GROW OVER TIME TO RE ESTABLISH THE ZONE AS IT HAS EXISTED HISTORICALLY.ADDITIONALLY THE PLAYGROUND EQUIPMENT MUST BE REMOVED IF THE CURRENT PROPERTY OWNERS OF THE FAMILY IS NO LONGER RESIGNING ON THE PROPERTY. PRIOR TO THEM, LEAVING OUR HOUSE BEING SOLD. UM AND THEN ALSO. ONE OTHER IN THE VARIANCE IS ONLY FOR THE CURRENT PLAYGROUND EQUIPMENT. NO ADDITIONAL EQUIPMENT IS ALIVE. AND WHAT ABOUT NUMBER FIVE? THAT IS INCLUDED IN OH, YES, YOU'RE RIGHT. I WILL. SECOND THAT. MR JACOB? YES. MR SMITH? YES, MR SHELL. IT'S THREE YESES TO MOVE TO APPROVE VARIANTS 74 TO 0 TO TWO. CONGRATULATIONS. IS THERE ANY OTHER BUSINESS? HE BROUGHT
[VIII. Other Business]
FORTH TODAY. JUST REAL QUICKLY FROM STAFF WHO WOULD LIKE TO FORMALLY WELCOME CHELSEA NICHOLAS. SHE'S OUR NEWEST PLANNER TO THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE CITY OF NEW ALBANY. SO YOU'LL SEE MORE OF HER SO SHE'LL BE TAKING OVER A LOT OF CHRISTMAS DUTIES FOR SENDING OUT QUORUM CALLS AND WRITING STAFF REPORTS SO IT SHOULD BE A NEW PRIMARY CONTACT MOVING FORWARD. YOU GUYS WILL STILL SEE CHRIS AND I WILL BE DOING A LOT OF COMMUNICATING WITH CHELSEA. HERE'S WHO WE'RE EXCITED TO BRING HER ON TO THE CITY OF NEW ALBANY. SHE'S JOINING US FROM THE CITY OF WESTERVILLE, WHERE SHE'S BEEN EMPLOYING HER THERE FOR SEVERAL YEARS. SO IF YOU HAVE ANY QUESTIONS, FEEL FREE TO REACH OUT TO CHELSEA AND SHOULD BE TAKING THE LEAD FROM HERE ON OUT . WELCOME WELL, CHELSEA. THANKS FOR JOINING US. UM I'M GOING TO PULL MEMBERS FOR COMMENTS. DO YOU HAVE ANY COMMENTS ON TONIGHT'S, UM VARIANCE? I THOUGHT YOU DID A VERY GOOD JOB. WELL, THANK YOU. ALL RIGHT, AND THEN AT THIS POINT, THEN I'LL MOVE FOR ADJOURNMENT. SECOND THANK YOU HAVE A GOOD EVENING. MR SMITH? YES MR JACOB? YES, MR SHELL.* This transcript was compiled from uncorrected Closed Captioning.