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[I. Call To Order]

[00:00:05]

RIGHT. FOLKS, WE'RE GONNA GET STARTED TONIGHT. WELCOME EVERYBODY GOOD TO SEE YOU ALL OUR FELLOW BOARD MEMBERS, STAFF GUESS UH, FIRST CALL TO ORDER IS, UM. CALL TO ORDER SUGGESTED , COULD YOU JUST THE WORLD COCKROACH? MR LUCIEN IS HERE. MR SMITH HERE, SAMUELS. HERE. MR SCHELL PRESIDENT, MR JACOB TROUT HERE. AH! THIS MAKE IS WORKING OF SOME THIS ONE'S WORKING TODAY.

GOOCH YEAH, YOU CAN HAVE MINE TOO. I CAN SIT OVER THERE. MAYBE NEXT JERSEY SHARE, TOO. THANK YOU FOR WORKING, YOU KNOW? OKAY BECAUSE I WAS LIKE, YEAH, EXACTLY. MUCH BETTER COMFORT IN NUMBERS. THANK YOU, SIR. YOU'RE WELCOME. HOW ARE YOU? GOOD. GOOD. YEAH, RIGHT. NO, NOT AT ALL. SORRY ABOUT THAT GUYS. ALL RIGHT, UM. FIRST ITEM ON THE AGENDA. YES ACTION OF MINUTES

[III. Action of Minutes: July 25, 2022]

FROM OUR LAST MEETING JULY 25TH. 2022 ARE THERE ANY CORRECTIONS TO LAST MONTH'S MINUTES? MR CHAIRMAN. I MOVE TO APPROVE THE MINUTES FROM THE JULY 25TH DON'T IMPORT OF ZONING APPEALS EATING A SECOND, PLEASE. MR JACOB? YES. MR SMITH? YES. MR SCHELL? YES, MISS SAMUELS? YES. MR LEISURE I.

APPLICANTS HERE THAT WISH TO SPEAK TONIGHT. WE HAVE TO SWEAR YOU IN. IF YOU WANT TO COME UP AND TALK EVENTUALLY YOU SHOULD COME UP AND JUST BASICALLY BECOME UNDER OATH TESTIFIED. YOU JUST SWEAR YOU WELL, IT'S JUST THAT YEAH, ALRIGHT. IT DOESN'T HURT. PLEASE RAISE YOUR RIGHT HERE. YEAH. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? OKAY. THANK YOU. PROBABLY NOT A BAD IDEA. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? OKAY? ALRIGHT COULD

[VII. Cases]

WE GET THE STAFF REPORT FOR OUR AGENDA TODAY? OKAY YOU READY FOR THE FIRST ITEM, MR CHAIR? OKAY THANK YOU. CHAIR MEMBERS OF THE BOARD THE FIRST APPLICATION ITEM TONIGHT IS FOR THE VARIANCE TO THE POOL FENCING REQUIREMENTS OF CODIFIED ORDINANCE SECTION 11 73. POINT OUT TO E AT 83 23 CENTRAL COLLEGE ROAD. THE APPLICATION SITE IS LOCATED ON THE SOUTH SIDE OF CENTRAL COLLEGE ROAD EAST OF THE EVANS ROAD AND WEST OF JUG STREET. THE PROPERTY IS SURROUNDED BY OTHER AGRICULTURALLY ZONED PROPERTIES THAT ARE OR COULD BE USED FOR RESIDENTIAL LAND USES. THE SITE IS 6.5 ACRES IN SIZE AND CONTAINS A SINGLE FAMILY HOME. THE APPLICANT REQUESTS A VARIANCE FROM SECTION 11 73 4 OF THE REQUIREMENT THAT ANY PRIVATE SWIMMING POOL OR THE PROPERTY ON WHICH THE POOL IS LOCATED, SHALL BE ENCLOSED BY A WALL OR FENCE CONSTRUCTED SO AS TO PREVENT

[00:05:05]

UNCONTROLLED ACCESS. UM SO BASICALLY, THE APPLICANT WISHES TO NOT INSTALL ANY FENCING FOR THEIR POOL. THE POOL IS LOCATED TO THE REAR OF THE HOME. IT IS SHOWN ON THE SCREEN WITH THE LIGHT BLUE RECTANGLE. THE POOL IS 94 FT FROM THE WESTERN SIDE YARD PROPERTY LINE.

APPROXIMATELY 124 FT FROM THE EASTERN SIDE YARD PROPERTY LINE AND APPROXIMATELY 493 FT FROM THE REAR YARD PROPERTY LINE. THE APPLICANT PROPOSES TO USE A, UM S T. A S T M AUTOMATIC POOL SAFETY COLOR COVER. THIS MAY BE SIMILAR TO THE POOL COVER THE BUSY A APPROVED IN LIEU OF OFFENSE AT 69 58 LIMB. FLAM BENTON LAMPTON. SORRY, PARK. AND 10, NEW ALBANY FARMS AND 14 NEW ALBANY FARMS. FULL COVERS ARE RECOGNIZED BY BUILDING CODE AS AN APPROPRIATE METHOD TO SECURE A POOL. HOWEVER THE CITY OF NEW ALBANY HAS NOT ADOPTED A ZONING CODE THAT ALLOWS THE USE OF COVERS IN LIEU OF FENCING. THE APPLICANT PROVIDED THESE DIRECTIONAL PICTURES AS PART OF THEIR APPLICATION MATERIALS. THE COOLEST SCREENED FROM THE PUBLIC RIGHT OF WAY TO THE NORTH BY THE HOUSE. THE NORTHERN PORTION OF THE PROPERTY ALSO CONTAINS A STREAM. THE STREAM SERVES AS A NATURAL BARRIER BETWEEN THIS PROPERTY AND THE NEIGHBORING PROPERTIES TO THE WEST. HOWEVER THIS STREAM TO THE WEST IS NOT ON THIS SITE. IT IS ON THE NEIGHBORING SITES TO THE WEST.

THE SOUTHERN PORTION OF THE APPLICATION SITE IS MOSTLY WOODED. AND THE MAJORITY OF THE EASTERN NEIGHBORING PROPERTY IS ALSO MOSTLY WOODED. BUT IT IS WORTH NOTING THAT THE NEIGHBORING LOT TO THE WEST IS, UM BUILDABLE AND COULD POTENTIALLY BE DEVELOPED IN THE FUTURE. INCLUDED A MIS STAFF REPORT WAS AN EXTENSIVE HISTORY ON SEVERAL POOL BARRIER VARIANCE APPLICATIONS SUBMITTED SINCE 2007. THROUGH THESE APPLICATIONS . CITY STAFF, THE BOARD OF ZONING APPEALS IN THE PLANNING COMMISSION HAVE HAD TO WEIGH THE IMPORTANCE OF MANY FACTORS IN COMING TO DECISIONS ON THESE APPLICATIONS. SOME OF THE FACTORS STATED ON THE RECORD OUR PROXIMITY OF THE PROPERTY TO OTHER RESIDENCES. PUBLIC ACCESSIBILITY TO THE PROPERTY.

AND THE EFFECTIVENESS OF A POOL COVER AND PROVIDING SAFETY. THE VARIANCES WITHIN THE NEW ALBANY FARMS SUBDIVISION OR APPROVED BECAUSE THE BZ A STATED THAT A GATED COMMUNITY WITH PRIVATE STREETS THE LARGE SIZE OF THE PROPERTIES AND PROXIMITY TO OTHER PARCELS CREATE SPECIAL CONDITIONS. AND CIRCUMSTANCES WHICH ARE UNUSUAL TO THE LAND THAT RESULT IN GENERAL ISOLATION FROM NEIGHBORS. BOTH APPLICATIONS INCLUDED THE INSTALLATION OF A POWERED AUTOMATIC SAFETY COVER. ALTHOUGH THE PROPERTY IS COMPARABLE TO RECENTLY APPROVED APPLICATIONS STAFF CANNOT SUPPORT THE REQUEST AS SUBMITTED. THE DISTANCE FROM THE POOL TO PROPERTY LINE LINES , ALONG WITH THE NATURAL BARRIERS, INCLUDING EXISTING TREES TO THE SOUTH, AND THE STREAM TO THE WEST, ARE CERTAINLY CONSIDERATIONS. HOWEVER IT DOESN'T CONTAIN ALL OF THE ELEMENTS THAT HAVE BEEN REQUIRED OF RECENTLY APPROVED VARIANCES. WHILE THE APPLICANT IS PROPOSING TO INSTALL A SAFETY POOL COVER AND POINTS OUT EXISTING NATURAL BARRIERS, THE NATURAL BARRIERS TO THE EAST AND WEST ARE LOCATED ON NEIGHBORING SITES. THERE WOULDN'T LAW IMMEDIATELY TO THE EAST IS BUILDABLE SO THAT LOT COULD BE BUILT ON IN THE FUTURE. SHOW THAT LOT BE DEVELOPED IN THE FUTURE. THE TREES ON THAT NEIGHBORING PROPERTY COULD POTENTIALLY BE REMOVED AND UNIMPEDED ACCESS TO THE SITE COULD BE CREATED. AND OR THE NEIGHBORING PROPERTY TO THE WEST . THE STREAM IS AN EXISTING NATURAL BARRIER, BUT, UM, AS PREVIOUSLY STATED, IT IS LOCATED ON A NEIGHBORING PROPERTY AND NOT ON THE PROPERTY IN QUESTION.

[00:10:02]

THE ONLY PORTION OF THE STREAM ON THIS PROPERTY IS LOCATED IN THE FRONT YARD TO THE NORTH.

HISTORICALLY THE BOARD OF ZONING APPEALS AND THE PLANNING COMMISSION HAVE ONLY APPROVED THESE TYPES OF VARIANTS REQUESTS. WHEN ADDITIONAL PLANTINGS AND OR BARRIERS ARE IN PLACE ON THIS SUBJECT, PARCEL. IN REVIEWING THE HISTORY OF THE OTHER REQUESTS. IT IS CLEAR THAT THE OTHER PROPERTIES WITH AN APPROVED VARIANTS HAVE HAD SOME EXISTING NATURAL FEATURES OR IMPROVEMENTS THAT WERE SUPPLEMENTED WITH ADDITIONAL BARRIERS. WHERE NONE OF THESE ITEMS EXISTED. A CODE COMPLIANT OFFENSE WAS REQUIRED TO BE INSTALLED. WITH THE EXCEPTION OF THE PROPERTY LINE TO THE SOUTH. THE PROPERTY LINES ON THIS SITE DO NOT CONTAIN MOUNTING OR LANDSCAPING TO PREVENT ACCESS. IN ADDITION, THE AREA IMMEDIATELY SURROUNDING THE POOL DOES NOT CONTAIN THE BOXWOOD HEDGES THAT WERE PROPOSED AND INCLUDED AS PART OF THE APPROVAL FOR THE HIGH GROWTH VARIANCES. WORST FENCING TO LIMIT ACCESS FROM NEIGHBORING LOTS ALSO DOES NOT EXIST SIMILAR TO OTHER PROVED VARIANCES AT THE OTHER PROPERTIES MENTIONED IN THIS STAFF REPORT. WITHOUT THESE THINGS THAT VARIANCE HAS BEEN DENIED AND PAST REQUESTS. AND A CODE COMPLIANT OFFENSE HAS BEEN REQUIRED IN THOSE REQUESTS AS WELL. THE EXAMPLE OF VARIANCE REQUESTS THAT WAS APPROVED AT LAM BENTON. UH 69 58 SPECIFICALLY WAS ALSO 6.5 ACRES IN SIZE AND SHARE SOME SIMILARITIES WITH THE LOT IN QUESTION. THE NEIGHBORING PROPERTY TO THE EAST WAS UNDEVELOPED AND WOULD IT AT THAT TIME. HOWEVER STAFF AND THE PLANNING COMMISSION RECOGNIZED THAT THE LAW PERMITTED SINGLE FAMILY USES AND KNEW IT COULD BE DEVELOPED IN THE FUTURE. WHICH REQUIRED THE APPLICANT TO INSTALL A CODE COMPLIANT FENCE ALONG THE EASTERN PROPERTY LINE. ALONG THE REAR PROPERTY LINE ON THAT SITE. UM IT DID CONSIST OF MOUNTING AND BACKED UP TO THE GOLF COURSE AND EXISTING HORSE FENCE. UM AND THEN ALONG THE PROPERTY LINE, WHERE IT IS ADJACENT TO JOHNSTOWN ROAD, THE PROPERTY INCLUDED A BRICK WALL AND A HORSE FENCE. IN CONCLUSION . STAFF RECOMMENDS ADDITIONAL IMPROVEMENTS BE PROVIDED TO CREATE, UH, UNINTERRUPTED BARRIER TO PREVENT UNCONTROLLED ACCESS. IF ADDITIONAL MEASURES SUCH AS A CONTINUOUS LANDSCAPE HEDGE AND MOUNTING OR A, UM. NON CODE COMPLIANT FENCE WERE INCLUDED. IN THE REQUEST ALONG THE SIDES OF THE POOL, THE APPLICATION WOULD BE MORE CLOSELY ALIGNED WITH OTHER SIMILAR APPROVED APPLICATIONS SHUT. THE BOARD OF ZONING APPEALS FIND THE APPLICATION HAS SUFFICIENT BASIS FOR APPROVAL. THE MOTION LISTED IN THIS STAFF REPORT WITH THE CONDITIONS ALSO LISTED IN THE STAFF REPORT WOULD BE APPROPRIATE AND THANK YOU.

I'M AVAILABLE FOR ANY QUESTIONS. THANK YOU. SARAH MOTION TO ACCEPT STAFF REPORT FOR VARIANTS . 88 2022 SO MOVED. SECOND. MR SMITH. YES. MS SAMUELS? YES. MR SCHELL? YES MR JACOB? YES, MR LAST NAME? YES. SO ARE THERE ANY QUESTIONS FROM THE BOARD? THE AFRICAN HERE SHOW YOU THE AFRICAN DO YOU? YOU DON'T HAVE TO SPEAK. BUT IF YOU'D LIKE TO SPEAK OKAY? OKAY? I THINK MY BIGGEST THING IS THAT IF IT'S A SAFETY CONCERN, I THINK IT'S FULL COVER IS MORE THAN SUFFICIENT. SAME EVENT. I THINK THAT WHAT I KNOW IS DATABLE HIGHER. CONSIDERING FULL AUTOMATIC COVERAGE, PEOPLE THE THING YOU CAN HANDLE. THE WEIGHT OF £2000, BUT I THINK IT GOES NUMBER FOR SOME FIND MEASURES WHERE THEY CAN HANDLE IT, AT LEAST THE WEIGHT OF THE CHILD ANIMAL. GROWN ADULT ON IT AT THE SAME TIME. I DON'T THINK BY ADDING ANY HEDGES OR ANYTHING LIKE THAT. IT MAKES IT ANY MORE CITY. I DO. I DO THINK THAT I DO UNDERSTAND THAT SOME OF THEM

[00:15:08]

LIKE THIS STREAM FOR TEMPLE IS NOT ON MY PROGRAM, THE MIDDLE WEST. OR SOMETHING THAT NEEDS TO BE CROSSED. GET ON MY PROPERTY. WHAT I WOULD BELIEVE IS THAT IF SOMEBODY IS WILLING TO TRY THROUGH THAT HE PUT THE CREEK AND 500 DREAMS. HE WOULD BE EASILY WANT TO JUMP OVER TO GET INTO THAT. UM SO I WILL SAY THAT ALSO ON THE EAST SIDE OF THAT AREA WHERE WE ARE BUILDING A FARM. THERE IS ALSO BLOCKED OFF FROM ANY POTENTIAL PEOPLE THAT PLAN ON MOVING THAT PROPERTY NEXT WITH THIS, NOT DEFINITELY VACANT. I'LL TELL YOU WHAT IT OFTEN BL VISUAL MARKETING. IN THE NEIGHBORHOOD THAT EVER HAPPENED, BUT LIKE I SAID, I THINK THE CONCERN IS SAFETY. I DON'T THINK IT'S VERY BIG, NOT MORE FAVOR. ACTUALLY HAVE A COUPLE OF QUESTIONS FOR STAFF, SO THE SPIRIT OF THE CODE IS A SAFETY CODE. RIGHT NOT AESTHETICS DOES. IT'S NOT HOW IT LOOKS OR HOW IT OPERATES. IT'S REALLY A SAFETY CODE CORRECT. YES, I THINK THAT, UM ONE OF THE MAIN THINGS THAT STAFF WAS LOOKING AT. NOT ONLY FOR THIS APPLICATION BUT HISTORICALLY WAS JUST PREVENTING THE UNIMPEDED ACCESS TO THE SITE. SO HAVE THE NEIGHBORS BEEN ALERTED OF THIS VARIANCE? THIS PROPOSED VARIANTS AND OTHER YOUNG KIDS THAT ARE NEIGHBORS OF THIS PARTICULAR PARCEL OF LAND. THEY HAVE BEEN NOTIFIED. UM I DO NOT KNOW THE STATUS OF, UM WHETHER THEY HAVE CHILDREN. DO YOU HAPPEN TO KNOW IF YOUR NEIGHBORS OR HAVE YOUNG CHILDREN? IF YOU COULD COME TO THE MICROPHONES, SPEAKING TO BE GREAT. UM, I GUESS WHAT WHAT'S THE HESITATION? THE FANS I DON'T NECESSARILY I DON'T. IS IT AN AESTHETICS? YOU JUST DON'T LIKE THE LOOK OF THE FANS. I THINK, PARTIALLY, UM. ONE OF THE BIG REASONS I MOVED OUT 6.5 ACRE BOTTLE WAS THAT I WANTED TO HAPPEN. PROPERTY WITHOUT ANY INTRODUCTION. THEY DIDN'T CALL ME. BUT PARTLY YES, BUT I ALSO THINK IT'S UNDER I UNDERSTAND THE SAFETY RISK. NOT HAVING A FENCE, BUT ONCE AGAIN. MAKE A FOOL. COVERING MORE THAN SUFFICIENT. IT'S NOT BETTER.

THERE ARE FOUR BANDS IF I IF I'M ALWAYS PROMISED HER FROM ALL THE TIME. ALL THE TIME. IF I HAD TO PICK INDIVIDUAL WHETHER OR NOT YOU DEFENSIVELY COVER AT THE END OF THE DAY, I WOULD ALWAYS BE FULL COVER, BECAUSE ONCE AGAIN, SOMEBODY EXACTLY. YEAH IT'S FILLED AWAY, FORM THE POOL. AND GET IN HERE AS APPROACH COVERED . THERE IS NO WAY THEY FALL INTO THE WATER. BUT THAT PRESUMES THAT THE POOL COVERS ACTUALLY CLOSED AND IT IS BELIEVABLE. THAT IS, THAT IS THAT IS TRUE.

BUT THE ONLY PEOPLE THAT HAVE ACCESS TO MY WIFE. IS THE POOL INSTALLED CURRENTLY? YES. AND YOU HAVE A POOL COVER ON IT TODAY. YEAH. TWO QUESTIONS FOR STAFF. DO WE KNOW I KNOW THERE ARE COMMUNITIES AROUND CENTRAL OHIO THAT DO ALLOW POOL COVER IN LIEU OF FENCING. YOU ARE. WE ARE ANY OF YOU AWARE OF I WOULD JUST BE CURIOUS WHAT THE PERCENTAGES AND WHEN I'VE HEARD I'VE HEARD IT MORE PREVALENT IN DELAWARE COUNTY THAN IN FRANKLIN COUNTY. SO I, BUT NO, NOT OFF THE TOP.

THAT'S SOMETHING I COULD LOOK INTO. I DID NOT LOOK INTO LONGER SORT OF LOOK INTO THAT. AND I THINK YEAH. AND OHIO EVER SINCE SEXUAL ONLY I THINK BY SITTING THERE IN THE QUARTER. BEN. OR REQUIRE EVENTS REGARDLESS OF WHETHER OR NOT EVERYWHERE ELSE EXCEPT PARTNER. NORMALLY DUBLIN BRAND NEW WESTERVILLE. SECOND QUESTION THEIR ZONING BEING AGRICULTURAL HAS NO BEARING ON THE STANDARDS CORRECT. ONE THING I WILL ADD JUST FROM PREVIOUS DISCUSSIONS AS I DO KNOW THAT,

[00:20:09]

YOU KNOW, WE'VE HAD FAIRLY EXTENSIVE CONVERSATIONS ABOUT POOL FENCES HERE AT THE BCA AT THE PLANNING COMMISSION. I DO DO YOU KNOW AT SOME POINT CO CHANGES WERE DISCUSSED ABOUT POOL FENCES. YOU CAN ALWAYS TO THE CITY COUNCIL LEVEL, AND THERE WAS NOT AN APPETITE TO CHANGE ANY OF THE RULES AND RESTRICTIONS ABOUT FENCING. I DO HAVE A QUESTION AGAIN ABOUT THE SPIRIT OF THE, UM APPROVALS THAT WERE MADE IN THE PAST. IT SEEMS LIKE THERE WAS AN INTENT IF THERE WAS NOT AN OFFENSE. IF THERE WAS NOT A FENCE PRESENCE TO BE A LAYERING OF PROTECTION, SO CAN YOU SPEAK A LITTLE BIT MORE TO THAT? BECAUSE I THINK THAT SPEAKS TO THE FENCE. NO FENCE IN THE PLACE OF THE OH, COVER CONVERSATION THAT WE'RE THE SITUATION THAT WE'RE TALKING ABOUT RIGHT NOW. SURE YES. THE UM THE OTHER REQUESTS THAT WERE SIMILAR TO THIS UM, IN ADDITION TO THE POOL COVER, THERE WERE, UM NATURAL BARRIERS AND THEN ADDED BARRIERS. UM. THERE WAS AN INSTANCE WHERE, UM THEY ONLY HAD TO DO A CODE COMPLIANT OFFENSE AND ONE SIDE WHERE IT WAS ADJACENT TO ANOTHER RESIDENTIAL PROPERTY, AND ON THE OTHER SIDE. THEY ALREADY HAD THE HORSE FENCE , BUT THEY ALSO HAD DEATH. ADD AHEAD DRAWL. UM SO ON ALL SIDES , THERE WERE MULTIPLE LAYERS OF BARRIERS, UM, THAT WERE ADDED AS CONDITIONS OF APPROVAL TO HAVE UM, A NON CODE COMPLIANCE SENSE.

ARE YOU GOING TO REFER YOU WERE REFERRING TO THE MOST RECENT LAMPTON 2020 CASE? THERE'S THAT ONE. AND UM, I THINK THE STAFF REPORT HAD, UM, A COUPLE THAT WERE FROM NEW ALBANY FARMS THAT WERE GRANTED BECAUSE OF THE REASONS STATED IN THE STAFF REPORT. THEY WERE UNIQUE. AND THEN THERE WAS FOR OTHER RECENT REQUESTS THAT, UM WE'RE MORE SIMILAR TO THIS LOT IN SIZE AND IN NATURE, WHERE THEY WERE ADJACENT TO OTHER NEIGHBORS, AND THEN THEY HAD TO, UM, PLACE THE BARRIERS, THE LANDSCAPING OR. UM, HORSE FENCE OR MOUNDING. UM, STUFF OF THAT NATURE. OKAY? IF THEIR ENVIRONMENT AROUND. NO. FOR LIKE A PRIVATE POND ON A RESIDENTIAL LOT, YOU KNOW? THIS COULD SECTION IS FOR PRIVATE SWIMMING POOLS. STATEMENT. I THINK THAT AND THE STATE. FOUR.

ON. ONCE AGAIN, I THINK IF THE REASON FOR THE FOR TAKING THE ISSUE. I CAN SAY THAT I DO WANT TO STAND MEMBER BACK, UM. PROBABLY PREPARED. I HERE. WHAT EXACTLY. I WOULD NOT GUILTY.

THAT MEANS OVER. THANK MISS WILL TRY. DID YOU HAVE SOMETHING TO SAY? SORRY I DIDN'T HAVE TO MISS SAMUEL. OKAY. SORRY. INTERVIEWING. OH, NO, I'M JUST TRYING TO AGAIN GATHER THE SPIRIT OF THE INTENT. UM WHAT THE FENCING WITH THE PROVISIONS THAT WERE MADE OR THE APPROVALS THAT WERE MADE WITH THE ADDITIONAL MEASURES BECAUSE IT SEEMS LIKE IT WAS WHEN THE PROPERTY I'M SORRY WHEN THE POOL COVERS ON THE PROPERTY LINE THAT IS DESIRED, TO BE SORT OF BLOCKED OFF VERSUS JUST AROUND THE CORNER, RIGHT? THAT AND MY PICKING UP THAT DIRECTLY SPECIFIC CODE SECTION IS, UM JUST TO PREVENT LIKE I SAID, THE UNIMPEDED ACCESS ONTO THE PROPERTY. WHERE THE POOL IS LOCATED. DO YOU HAVE ANY APPETITE FOR THE PROPERTY LINE.

HAVE YOU CONSIDERED THAT ESPECIALLY IF THERE'S DEVELOPMENT THAT COULD OCCUR ON THE OTHER SIDE OF NO, NO. WAY TO GO. HE'S I STILL PRETTY FROM THE CORNER OF AREA PRETTY HEAVY.

[00:25:15]

OVER 300 FT. WOULD BE VERY DIFFICULT. IN THE BLACK, THE PHYSICAL BARRIERS OR THE NATURAL BARRIERS ON YOUR PROPERTY ON THE SOUTH. BUT THE EAST AND WEST OR NOT WHEN YOUR PROPERTY OR PART OF. INSIDE THAT MY NAME IS PROBABLYY HAVE ANY SENSORY LIGHTS OF ANY SORT? SEVEN FOR EXAMPLE, IF ANY ANIMAL OR A PERSON WERE TO COME ONTO YOUR PROPERTY CAMERA CAMERG SOMEBODY GOING PROBLEM. ONE UM, I THINK I THERE'S ONE FACING THE FRONT SIDE OF THE DRIVEWAY. IF THERE'S ONE PLACE IN THE ACT. Q ACTUALLY POINTED OUT. A COUPLE MORE QUESTIONS FOR STAFF. THE.

ADDITIONAL MEASURES SO THAT CONTINUOUS LANDSCAPE HEDGE IS THAT COMPLETELY AROUND THE POLE . WHERE ON THE PROPERTY WOULD, UM RIGHT. THE. THE SUGGESTIONS AND THE STAFF REPORT IS THAT I THINK WHAT STAFF HAD ENVISIONED WAS, UM. WHICH SIDE WOULD BE. SO I THINK MAYBE SOME SOME HEDGES AROUND THE SIDES OF THE POOL. AND THEN FENCING, NOT NECESSARILY TO ENCLOSE THE WHOLE PROPERTY, BUT SOMETHING THAT WOULD COME OFF THE HOUSE AND DOWN TOWARD WHERE THE TREES START BECAUSE IT IS PRETTY WOODED TO THE SOUTH. SOMETHING TO, UM IMPEDE ACCESS. ON THE SIDES, UM AND THEN JUST KIND OF FIGURING OUT WHERE IT WOULD STOP SCREAMING DOWN. SO KIND OF STRAIGHT DOWN HERE. UM. SO I WILL JUMP IN JUST FOR A SECOND APOLOGIZE CHELSEA BACK SO THE THERE'S A SAY IT ANOTHER WAY. MAYBE THE INTENT OF THE QUARTER REQUIREMENT IS JUST STOP SOMEONE. WHETHER IT'S A CHILD, WHETHER IT'S A TODDLER, YOU KNOW ANYONE OTHER THAN A TODDLER COULD PROBABLY JUMP OVER A GATE RIGHT FOR THE ANTENNAS. JUST STOP SOMEONE. SO THAT CAN BE ACCOMPLISHED FIRE CODES AS BY OFFENSE, RIGHT? THAT'S THE EASIEST, SURE AS BEST WAY TO STOP SOMEBODY. COULD IT BE ACCOMPLISHED IN OTHER WAYS, LIKE HAVING A LANDSCAPE BADGE? SURE, THAT'S PROBABLY TO STOP A TODDLER OR CHILD. YOU KNOW, FROM GETTING PAST THAT POINT, OR AT LEAST STOPPING THEM FOR A MOMENT, THAT'S IT COULD BE WHAT I'M GETTING AT IS THAT INTENT COULD BE ACCOMPLISHED IN MULTIPLE WAYS BY ADDING ADDITIONAL LANDSCAPING. THAT YOU KNOW WE COULD DRAW LINES ALL AROUND ON THIS ON THE SCREEN, BUT IT COULD BE ACCOMPLISHED IN MANY WAYS THE INTENDS TO STOP SOMEONE. SHOP. AERIAL PHOTO. YEAH THAT THAT NAME UNDERSTANDING OF THAT. PEOPLE THAT HOUSE PARLOR. SOMEHOW. BUT ALL THE BRUSHES. BUT YOU DON'T THE PROPERTY. THAT'S. PROPERTY IF THE TODDLER WOULD LIVE THERE. THAT'S TODDLER COULD USUALLY TUTTLE ONTO YOUR LOT AND INTO YOUR POLL. BUT THERE IS NO NATURAL BOUNDARY BETWEEN YOU AND THEY'RE WELL OTHER THAN A TREE, WHICH CAN BE TAKEN OUT IN FIVE MINUTES. THERE'S NO OTHER BOUNDARY THAT WOULD BE THAT WOULD IMPEDE ACCESS TO THE POOL ON YOUR PROPERTY. YOU CAN GO INTO. WE'LL HAVE THOSE PROPERTIES DEVELOPED. PRESUMABLY THE TREES WOULD BE GONE, SOME OF THEM RIGHT? I CAN SPEAK TO. I'M SORRY. I CAN SPEAK TO THE PREVIOUS CASES. WITH THE

[00:30:06]

MOUNTING. IT WAS A IT WAS A COMPREHENSIVE VIEW THAT WE'VE LOOKED AT OR ABOVE. IT WAS VERY LATE NIGHT WE LOOKED AT THE PART OF THE PROPERTY. YOU WHERE THE FENCE WAS WHERE IT WASN'T AND WE TALKED ABOUT ALL THESE SCENARIOS , AND WE MADE SURE THAT WE ADDED LANDSCAPING, MOUNTING FENCING, WHERE THERE BECAUSE THEY'RE MOST OF THAT PROPERTY AND LAND IN A PARK WITH A FIRE RECALL CORRECTLY WAS ACTUALLY COVERED WITH A HORSE FENCE, WHICH, OF COURSE, IS NOT THE CODE COMPLIANT FENCE. BUT WITH THE MOUNTING THE HORSE FENCE BECAME MORE UH, I DON'T KNOW TRUSTWORTHY. UM, I BELIEVE IS A DIFFERENT SITUATION. WOULD STAFF HAVE A REQUIREMENT FOR THE SIZE OF THE BOXWOOD HEDGING. I THINK, UH, MAYBE NOT ON THE SPOT RIGHT NOW, BUT I THINK WE WOULD PROBABLY WANT TO DEFER BACK TO THE CASES WHERE THOSE WERE APPROVED. YEAH, I THINK THERE WERE NO LESS THAN 40 INTEREST. MAYBE BUT AGAIN, THAT'S A GUESS AT THE TEMPLE TRACK, BUT AND WE TALKED A LOT ABOUT LIKE WITH AN ARBORIST ABOUT HOW QUICKLY GOT OR HOW CLOSELY TO PLACE THOSE TO A CHILD COULD NOT GET THROUGH THOSE. SO IT WAS VERY INTENSE AMOUNT OF HORTICULTURE. ADRIAN THOSE CASES DID YOU ALLOW SIMPLY BOX CERTAIN. IT'S A BOX WOODS FOR BOUNDARY, SO I'M SPEAKING TO THE MOST RECENT CASE THAT WAS LAST, UH, LAST MAY, I GUESS TO MAYS AGO. UM AND WHAT I RECALL IS WHERE THERE WAS NOT AN EXISTING FENCE. THE PROPERTY WAS MAYBE 75% CONTAINED BY FENCING AND WHEN THERE WAS NOT, AND THERE WAS ALSO A CREEK, BUT THAT HAD SOME ACCESS AS WELL OR THAT IMPEDED ACCESS AS WELL. WHERE THERE WAS NOT A FENCE OR THE CREEK. THERE WAS A SECTION WHERE WE ALLOWED MOUNTING AND FOX WAS THANK YOU. IF I THINK, YEAH. ANY OTHER QUESTIONS, FOLKS. NO MY STATEMENT LESS QUESTION. UM, PART OF THE CONSIDERATION. YOUR IS NOT PRESENT DAY IT'S WHAT COULD BE IN THE FUTURE. SO THAT'S THAT'S PART OF THE CHALLENGE. BECAUSE I HEAR YOU, UM AS YOU'RE MENTIONING THE WOODED AREAS TWO DIFFERENT SIZE , BUT I THINK THE CONSIDERATION I'LL JUST SPEAK FOR MYSELF WILL BE, UM YOU KNOW EXACTLY WHAT IS ON YOUR PROPERTY. WHERE THE, UM ITEMS THAT ARE PROHIBITING ACCESS THAT ARE PHYSICALLY ON YOUR PROPERTY AND LESS CONCERNED WITH WHAT'S PHYSICALLY PRESENT AT CURRENT STATE ON THIS SURROUNDING PROPERTIES. I DON'T WANT TO GET SAYING THAT. YOU'RE GONNA LIVE. COOL. STOP CALLING. THE BEST. THE SUSTAINABLE HIGH.

SO I GUESS THAT LEAVES ME WITH A QUESTION FOR STAFF. I KNOW THAT THERE WAS NO APPETITE IN THE PAST. DO WE HAVE ANY RECORD OF PERHAPS. WHY. NO I THINK THAT THERE JUST HASN'T BEEN AN APPETITE FOR MANY OF OUR BOARDS AND COMMISSIONS ARE CITY COUNCIL TO RELY SOLELY ON OFFENSE OR NOT SORRY. WE'RE LIKE SOLELY ON A ON A ON A COVER ALONE. WE WANT THAT ADDITIONAL SECONDARY LEVEL OF STOPPING SOMEONE. IN ADDITION TO YOU KNOW, I THINK THERE THERE ARE MANY REASONS FOR IT. RIGHT YOU KNOW IS IT IS THE IS THE COVER. YOU KNOW COVERED. IS IT ACTUALLY ACTIVATED? HOW DO WE GO ABOUT MAKING SURE THAT IT'S ACTUALLY WORKING PROPERLY ON AN ONGOING BASIS IS ANOTHER THING WHICH WE HAVE STARTED WORKING ON MR BROWN CODE ENFORCEMENT CASES . UM BUT I THINK THAT THE APPETITE IS JUST HAVING THAT SECONDARY LEVEL LEVEL OF PROTECTION. OKAY? THAT'S HELPFUL . THANK YOU. AND YOU KNOW, EVERY TIME WE VOTE ON ONE OF THESE IF WE START TO RELAX STANDARDS, THEN THE NEXT PERSON THAT COMES UP AND USES YOUR CASE AS AN EXAMPLE WHERE YOU LET YOU LET HIM AND HE HAD NO BOUNDARIES OTHER THAN THIS ISN'T IT JUST IS VERY DIFFICULT FOR US TO JUST OKAY, THESE UNLESS THERE'S REALLY TIGHT SITUATIONS TOO DANGEROUS POINT WITH MOUNDING AND DIFFERENT THINGS. AND I UNDERSTAND WHAT YOU'RE SAYING. YOU'RE YOU'VE GOT A BIG BIG LOT AND THE CHANCES OF IT HAPPENING ARE VERY SLIM. THEY JUST WATERED DOWN OUR ABILITY TO MAKE DECISIONS IN THE FUTURE. EVERY TIME WE APPROVE ONE UNDERSTAND. AT THE END OF THE DAY, I WOULD BE INVOLVED. I WOULD NEVER WANT TO BUY A GROUNDING ONE. YES. ONE LAST QUESTION FOR ME. SO THE

[00:35:10]

ADDITIONAL MEASURES IF WE IF WE GO FORWARD, AND WE APPROVE THIS VARIANCE WHO DEFINES WHAT THE DETAILS OF THOSE ADDITIONAL MEASURES. YOU KNOW? HOW DO WE KNOW THAT THAT IT'S SUFFICIENT FOR US TO IMPROVEMENTS? YOU COULD, UM THANKS. LIKE HIS WILL TROUNCE STATED AT THE PLANNING COMMISSION THEY WORKED ON UM WHAT THOSE MEASURES WOULD LOOK LIKE. AND SO THE BOARD PUT COME UP WITH UM, SUGGESTIONS SIMILAR TO WHAT WAS IN THE STAFF REPORT. UM OR IF THE APPLICANT YOU COULD, YOU KNOW, PROVE IT WITH CONDITIONS OR THE APPLICANT. WANTED TO TABLE AND FIGURE OUT HIS OWN MEASURES OF HOW HE WOULD LIKE TO DO THE BARRIERS. JUST MULTIPLE GROUT. SO WOULD YOU BE WILLING TO WORK WITH US ON SOME NATURAL BARRIERS IF WE DECIDED TO GO THAT DIRECTION? I THINK.

THEY'RE ONLY ONLY VERY NICE HAPPENED. BECAUSE PART OF IT, BUT IT I HAVE A LOT OF WHAT'S THAT HAVE TO CREATE A LOT OF. OTHER THAN THAT EAST SIDE OVER THERE, PART OF IT IS STILL. WHAT EAST SIDE IS. TO THE OTHER. OH YEP. THANK YOU. INSIDE. AND THAT'S THE UNDEVELOPED LOT. THIS IS THE WHITE RIGHT, RIGHT, BUT H THERE. THEY MARRY HER ALWAYS.

IN THE BARRIER, WOULD NOT THE CONTINUOUS, VERY WILL NOT HAVE TO BE ON THE PROPERTY LINE. IT WOULD JUST HAVE TO BE WITHIN THE PROPERTY LINE. A CERTAIN AMOUNT AWAY FROM THE POOL CORRECT.

RIGHT GUYS, OKAY. IN THE PAST IN THE PAST IN THE PAST, YEAH, IT WAS AROUND THE PROPERTY OR YEAH , OKAY. I DON'T KNOW WHY WE LIKE CROSSED OVER THE YOU KNOW, A THIRD OF THE THIRD OF THE PROPERTY WASN'T IN THE FENCE. OKAY? OUTSIDE OF THE FENCE. REALLY? A WAY TO ENCLOSED STRUCTURE EITHER AT THE STRUCTURE OR ON THE LOT TO PREVENT ACCESS. HOW LONG IS YOUR POOL BEEN OPERATIONAL. MONTH. DID YOU HAVE TO PROVE TO YOUR INSURANCE COMPANY? UH THAT YOU PULL COVER IS OPERATIONAL. I WANT TO KNOW THAT I HAVE TO REMEMBER AND THAT'S ALL EVERY WORD. I SENT THEM WITH THE FULL I'M LIKE, WAIT. THE CERTAIN CLIENTS. STAFF TWEETED. WE'VE DONE THE POOL COVER THING A FEW TIMES AND WE ALWAYS TALK ABOUT AND ANNUAL CERTIFICATION. IS THAT MECHANISM IN PLACE THAT WE ARE OUT? ASKING FOR CERTIFICATIONS. THAT IS OKAY. AS OF THIS YEAR AS OFFICIAL TOLD TO YOUR KIDS. IN THEIR NEIGHBORS, KIDS.

PROMOTION HERE, GUYS. MR CHAIRMAN, WOULD YOU? WANT TO GIVE AFGHAN OPPORTUNITY TO TABLE IT AND COME BACK WITH A DIFFERENT PLAN. OR DO YOU WANT TO VOTE ON IT TONIGHT? SO WHAT I STRUGGLE WITH IS THE DEFINITION OF WHAT THESE ADDITIONAL NATURAL BARRIERS COULD BE. I MEAN, I SEE MOUNDING OR NOT COMPLAIN FANS. I SEE HEDGES, BUT I DON'T KNOW WHAT IT WOULD LOOK LIKE OR WHERE

[00:40:06]

IT WOULD BE ON THE PROPERTY SO THAT THAT'S WHY I'M STRUGGLING A LITTLE BIT. BUT I GET IT. I GET IT'S IF YOU DON'T HAVE TO PUT A FENCE IN. WHY WOULD YOU PUT A FENCE UP? BUT I'M CONCERNED ABOUT SETTING A PRECEDENCE THAT WE'RE NOT GONNA DO ANYTHING HERE. JUST LET LET IT BE FREE.

TO PIGGYBACK ON WITH THE CHAIRMAN JUST POINTED OUT. I MEAN, WHAT HE LISTED WHERE? WHAT? UH WHAT WOULD YOU BE WILLING TO EVEN ENTERTAIN OUTSIDE THE FENCE? BECAUSE YOU SAID YOU'D BE WILLING TO BUT SO FAR ARE WE'D LIKE TO SEE SOME MAYBE SOME WHERE WE CAN WORK WITH HIM. YOU HALFWAY ON THAT, AT LEAST AND HOW DOES THIS TYPICALLY WORK? SO IF I SAID APPLICANT, GO BACK AND COME BACK TO US AND MAKE A RECOMMENDATION ON HOW YOU COULD REMEDIATE THIS POTENTIAL ISSUE. HOW DOES THAT TYPICALLY WORK? DO WE WORK WITH THEM LIKE OFFLINE AND THEN COME BACK? COME BACK IF YOU WERE TO TABLE TONIGHT, YOU COULD CERTAINLY PROVIDE DIRECTION ON, UM. WHAT YOU THINK WOULD BE SUITABLE. BY YOU WOULD TABLE WITH THE DIRECTION THAT HE WOULD, UM COME BACK WITH THE REVISED APPLICATION. MAYBE JUST TO SPELL IT OUT TO A LITTLE BIT FURTHER, JUST SO YOU'RE AWARE OF KIND OF WHAT PEOPLE HAVE DONE IN THE PAST. APPLICATIONS LIKE THIS HAVE BEEN TABLED JUST TO KIND OF ELIMINATE SOME OF THE AMBIGUITY THAT'S KIND OF AROUND PLACING CONDITIONS OF APPROVAL ABOUT SOMETHING CONCRETE EXAMPLE THAT ANDREA MENTIONED ABOUT THE LAMBDA PARK PROPERTY. THEY WORK WITH THE LANDSCAPE ARCHITECT TO DRAW UP DIFFERENT PLANS FOR WHAT THOSE BARRIERS COULD LOOK LIKE AND THEN BRING IT BACK TO THE BOARD. THEY DID ASK FOR TAYLOR.

I THINK A COUPLE OF TIMES IT WAS LIKE IF I RECALL CORRECTLY OF OURS BECAUSE TWO OR THREE MONTHS , MAYBE PROCESS WHERE SOME BACK AND FORTH YOU KNOW AT THE MEETING, OF COURSE, NOT OFFLINE.

BETWEEN YOU GUYS AND THE APPLICANT, BUT JUST TO GIVE THE APPLICANT A LITTLE BIT OF IDEA OF WHAT THAT LOOKS LIKE, TYPICALLY INVOLVES. SORRY SOMEONE PUTTING TOGETHER A PLAN THAT DESCRIBES THOSE. YOU KNOW WHAT THE PLANTINGS ARE, WHERE THEY'RE AT EXACTLY ON THE PROPERTY JUST TO MAKE THE BOARD A LITTLE MORE COMFORTABLE. THAT WAS MY VOICE. THE PROBLEM WITH THE. MY. THE REASON WELL, MANY POINTS. GREEN. YEAH UNFORTUNATELY, YOU LIVE IN NEW ALBANY, RIGHT CODES WITHIN THAT PRESERVED THIS COMMUNITY AND TO ME, IT'S A HUGE SAFETY ISSUE.

AND GOD FORBID, GOD FORBID THAT THAT YOU DON'T CLOSE THE COVER ONE DAY AND SOMETHING HAPPENS.

OUTAGE. I MEAN, I FEEL REAL BACK ON IT. I DON'T THINK YOU HAVE TO PUT IT ON YOUR PROPERTY. YOU COULD DO IT CLOSER TO THE POLE AND SCREEN THE POOL WITH EDGING . IF YOU WORKED WITH THE LANDSCAPE ARCHITECT THAT THAT'S JUST, I THINK ONE OTHER OPTION. DECIDE MAYBE THE SIDE OFFENSE, BUT THERE'S NO HERE. AROUND. NOW I MEAN, THERE'S NO GUARANTEE YOU COME BACK HERE AND IT'S GOING TO GET APPROVED. IT WOULD HAVE TO BE A REALLY TIGHT PLAN THAT WE'RE ALL COMFORTABLE THAT IT PROVIDES THE PROBLEM, BUT I THINK THERE'S PRECEDENCE TO DO SO. YOU STACK THEM CLOSE TOGETHER. YOU DON'T HAVE TO PUT ADVANTAGES. BUTTHEAD RESERVE LOOK A LOT BETTER, TOO. I THINK YOU HAVE TO GO. I THINK WE WOULD WANT TO JUST NEGATIVE CONVERSATION. WANT TO WORK WITH YOU? OFFLINE? PROBABLY BUT I WOULD SAY, MY GUESS WOULD BE NO LESS THAN 36 INCHES. BUT THAT'S NO, JUST THE GAS. I'LL BE HONEST WITH YOU GUYS. WE DON'T WANT TO WASTE YOUR TIME. THEY'RE WILLING TO WORK WITH. YOU HAVE THE RIGHT SOLUTION. SO AND I THINK YOU'RE GETTING THE IDEA HERE THAT SOMETHING IS GOING TO HAVE TO BE DONE. SO WE WANT TO HAVE A MOTION TO TABLE THIS. IT'S GIVEN APPETITE TO COME BACK WITH REVISED. LET'S PUT HEDGES AROUND ETHIC AND THE GRADE OR IS THIS JUST GOING TO SAY AND I JUST BUILD A FENCE AROUND IT. I DON'T KNOW. IT'S I DON'T WANT TO WASTE TIME. MR CHAIR. UM. JUST SO WE DON'T LOSE SIGHT. THIS STAFF REPORT STAFF IS RECOMMENDING HEDGES. AND MOUNDING OR A NON CODE COMPLIANCE FENCE, SO IT WOULD BE A COUPLE MEASURES THAT

[00:45:05]

STAFF WOULD AT LEAST BE LOOKING FOR. CAN WE CHANGE THOSE RECOMMENDATIONS? YOU CAN. SO THAT'S THAT'S PART OF THIS WHOLE DISCUSSION IS, LET'S LET'S DO WHAT'S RIGHT FOR ALL OF US.

THANK YOU HAPPY AND MAKE US HAPPY AND IMPORTANT. STEADY. YOU KNOW THAT ONE. IN OTHER CULTURES. AND I THINK IT'S THE PROXIMITY OF HOW THEY'RE PLANTED TO CREATE THAT. THAT'S SOMEWHAT OF A BARRIER. CHILDREN. SO I THINK THERE ARE SOME OPTIONS AND I THINK WHATEVER YOUR LANDSCAPER COMES UP, WHETHER YOU COME BACK WITH SOMETHING, YOU KNOW THE STAFF IS GOING TO TAKE A LOOK AT IT. THEY'RE GOING TO PINE AND WHETHER OR NOT IT'S SAFE AND MEETS WITH THE PRESIDENT. AND WOULD YOU KNOW BE GOOD GOING FORWARD AND YOU GUYS ARE GOING TO DISCUSS IT AS WELL. SO.

YEAH. PREPARED. YEAH. YEAH. I MEAN, IF YOU PUT A FENCE UP THERE, THIS GOES AWAY, RIGHT? YEAH I WAS. I WAS GOING TO ADD TO IT JUST TO BE PERFECTLY CLEAR. LIKE EVEN IF I HAD JUST PUT UP A VARIANT STILL HAS TO BE GRANTED. SO WE STILL HAVE TO EVALUATE IT HAS TO COME BACK TO YOU GUYS. IT'S NOT A IT'S NOT JUST THAT. YOU KNOW, WE PUT THE BARRIER UP OR THAT THE HEADS UP WHEN WE WANT TO COME BACK AND START TO RETURN BACK TO PURPLE ELECTRICAL BACK HERE. YES DISCUSSION, SO WE'RE AWARE OF WHAT'S GOING TO HAPPEN. GOTCHA. ALRIGHT, I'LL MAKE A MOTION TO POSTPONE THIS. TABLE UM, IS IT FOR NEXT MONTH OR OUTSIDE? YOU DON'T HAVE TO PUT A TIME TABLE ON IT WHENEVER HE'S READY TO COME BACK. THIS GOES AWAY. YEAH WE'LL NEVER SEE YOU AGAIN. 2ND 2ND. MR LESTER HAYES? YES. MR SHELL. MR JACOB? YES. MS SAMUELS? YES, MR SMITH? YES.

THANK YOU, SIR. APPRECIATE IT. THANK YOU. ALL UM, NEXT ON THE AGENDA IS VARIANCE 89 TO 0 TO TWO PARENTS TO ALLOW FOR THE USE OF METAL MATERIAL FOR A WHILE. AS REQUIRED PER CODE 22 NEW AVENUE FARMERS, RAYLAN APPLICANT KEVIN REINER AND CHRIS CODY. THE STAFF REPORT. GOOD EVENING. I'M HERE AND I'LL BE PRESENTING THE VARIANTS FOR PROJECT AT 22 NEW ALBANY FARMS. THIS PROJECT IS TO PERGOLAS MADE OF GALVANIZED STEEL. MATERIAL OF THE PROJECT IS THE SOLE REASON FOR THE VARIANCE. ACCORDING TO CODE 11 65, OR FOUR B ONE. ALL PERGOLAS FINISHED SURFACES MUST BE WOOD BRICK STONE COMPOSITE, CITING SCREEN OR ANY COMBINATION THERE OF THIS APPLICANT IS REQUESTING THE USE OF METAL MATERIAL. THIS PROPERTY IS LOCATED BETWEEN KITZMILLER ROAD AND ROUTE 605.

IT IS PART OF THE NEW ALBANY FARMS SUBDIVISION. AND ALSO THIS THIS PERGOLAS WOULD BE LOCATED HERE. YOU CAN SEE IT. TWO WORLDS PRETTY HIGHLIGHTED. AT THE REAR OF THE PROPERTY. THE CITY RECOMMENDS APPROVAL FROM MULTIPLE REASONS, INCLUDING THE PERGOLAS WON'T BE VISIBLE BECAUSE IT IS LOCATED AT THE REAR OF THE HOME, AND IT WILL BE COVERED IN FLORA. ALSO BECAUSE OF THE SIMPLE DESIGN, IT WILL NOT NEGATIVELY IMPACT. THE SITE, ESPECIALLY CONSIDERING ITS USE FOR FLORA. ONE EXAMPLE IN THE SUBMITTAL MENTIONED WAS THE USE OF WAS STEREO, WHICH WILL COVER THE PERGOLAS. AND THEY REQUIRE A HEAVY METAL IN ORDER TO KEEP THEM UP. AS A RESULT, THIS PROJECT WILL PROVIDE AN EMPHASIS ON AND NATURAL LANDSCAPE WITHOUT DRAWING ATTENTION TO ITSELF. IT

[00:50:04]

WILL PROVIDE THE GARDEN WITH MORE OF A FINALIZED DESIGN INTENDED TO CREATE A NATURALIZED LANDSCAPE FEATURE IN THE BACKYARD. FOR THESE REASONS. STAFF RECOMMENDS APPROVAL FOR THIS VARIANCE. WORSHIP TO ACCEPT THAT REPORT. SO MOVED. SECOND. MR SMITH? YES, MISS SAMUELS? YES. MR SCHELL? YES. MR JACOB? YES, MR LATENESS. DO YOU SPEAK? FOR STAFF. IS THERE A REASON WE HAVEN'T WE DON'T HAVE STEEL. WHEN ARE PERFECT LAST. I THINK IT'S JUST THAT THAT SECTION OCCURRED. THAT SERUM MENTIONED IS A REFERENCE TO ALL RECREATIONAL AMENITIES. SO IT DOESN'T SPECIFICALLY PARSE OUT PERGOLAS. I THINK AT THE INTEREST OF YOU CAN NEVER RIGHT PERFECT CODE, BUT IN AN INTEREST TO YOU COVER AS MANY RECREATIONAL AMENITIES AS POSSIBLE. WE JUST ELIMINATED THE MATERIAL. I HAVE ONE QUESTION FOR THE APPLICANT. UH I STRAINED THROUGH AND, UH, APPRECIATE THE REASONING BEHIND GOING WITH THIS MATERIAL OVER OTHER OPTIONS. UH WHAT'S THE GUESS? THE GAME PLAN . IS IT GOING TO BE EVENTUALLY? JUST UH, MAYBE COVERED IN GREENERY OF SOME SORT, OR IS IT GOING TO LOOK LIKE THAT? WHAT'S THE LONG TERM PLAN WITH SYRIA? SO, UM ON EACH OF THE OUTER GOMA LEGS. AND THAT WILL GROW UP. AND REAL PROBLEM. THE CROSS MEMBER SO, UM. WHEN IT'S. GROWN IN, YOU'LL SEE VERY LITTLE. I ASSUME I JUST WANT TO DOUBLE CHECK.

THANK YOU VERY MUCH. SO MAYBE MAYBE I MISSED IT. BUT WHY? WHY DID WE GO AND STEAL HERE? RATHER THAN AN APPROVED MATERIAL. UM AWARE THAT IT WASN'T CODE DOESN'T SPECIFICALLY STATE PURPLE WAS LIKE THIS IS CLEAR. UM. YOU KNOW WHAT? WHAT COULD BE USED, BUT BEAUTIFUL FOR HOLA, AND IT'S GONNA LAST LONGER THAN WOOD. AND THAT'S WHY IT WAS JUST JOURNEY UP PRECEDENTS HERE.

STAFF OF ACCEPTING US SOMETHING LIKE THIS. NO HOWEVER THERE THIS EXAMPLE ON THE LEFT HAND SIDE IS FROM UPPER ARLINGTON. WE INSTALLED THAT. JUST A FEW MONTHS AGO AND FOR ANOTHER MOMENT. JUST VISIBLE TO NEIGHBORS. OR IS THIS PRETTY MUCH HIT THE SEVEN ACRES O ON THE IN NEW ALBANY? IT IS HIDDEN. THEY SORT OF HAVE WING OF THE HOUSE. ON THIS SIDE. WHICH IS NOT VISIBLE FROM THE ROAD SPLITS AROUND. ANY OTHER QUESTIONS. I DON'T NOTICE THE SORRY THE NEIGHBORS HAVE BEEN NOTIFIED, AND I SEE THAT IN THE STAFF REPORT. HAS THERE BEEN ANY REQUESTS FOR FEEDBACK FROM THE NEIGHBORS? HAVE WE RECEIVED ANYTHING BACK? NO, NOT AT THIS TIME. I'LL MAKE A MOTION. IN FLOOD DISCUSSION WAS QUITE MOVED TO APPROVE VARIANCE 89 TO 0 TO TWO ONE SECOND. MR SMITH? YES. AND WAS THAT MR LUCIEN? YES. THIS IS MISS SAMUELS. MR SHELL. YES MR JACOB? YES. THANK YOU. OKAY? THANK YOU, OCEAN APPROVED OR ACCEPTED. CONGRATULATIONS. TO YOU. YEAH, YOU CAN GO. THANK YOU. ALL RIGHT, HELP ME OUT JUST

[00:55:14]

ANY OTHER BUSINESS. ANY OTHER BUSINESS WANT TO? I THINK YOU ALL HAVE MET. CHARLES SEES WE'VE HAD A FEW MORE TO THEIR RANKS. THIS IS SIERRA. THEY BOTH STARTED AROUND THE SAME TIME.

CHELSEA I THINK I INTRODUCED YOU. REALLY I APOLOGIZE TWICE, BUT CHELSEA JOINS US FROM THE CITY OF WESTERVILLE THAT 10 PLUS YEARS THERE AND THEN SIERRA HEELS FROM PHILADELPHIA, JUST GRADUATED UNDERGRAD SO EXCITED TO HAVE THEM BOTH. YOU'LL BE SEEING THEM A LOT MORE. BOTH HERE. BORDER ZONING APPEALS PLANNING COMMISSION IN THE AIR B STILL AROUND, HE'S STILL AROUND . HE'S TRAPPED IN DELAWARE TONIGHT, STEPHEN I INTERCHANGEABLY DELAWARE, THE CITY, THE STATE. YES, HE'S TRAPPED. THERE IS LIKE GOT CANCELED TWICE OR SOMETHING LIKE THAT. YEAH SO VERY NICE JOB, LADIES. THANK YOU VERY MUCH. THANK YOU. WELCOME I GUESS MEETING IS ADJOURNED. RIGHT OR NOT, YOU HAVE TO MOVE TO ADJOURN. EVERYONE DOES IT DIFFERENTLY. CATCH

* This transcript was compiled from uncorrected Closed Captioning.