Video index

I. Call to order

III. Action on minutes

IV. Additions or corrections to agenda

VI. Cases

VII. Other business

Mar 25, 2024 Board Of Zoning Appeals

I. Call to order

III. Action on minutes

IV. Additions or corrections to agenda

VI. Cases

VII. Other business

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[00:00:03]

OK THAT'S BETTER. WE'RE GONNA GET STARTED ABOUT A MINUTE HERE, FOLKS, STAFF YOU HOW'S THAT? OK? AND WHATEVER THE CHAIR IS READY. OK, WHY DON'T WE GET STARTED? UM WELCOME,

[I. Call to order]

EVERYBODY. WELCOME TO OUR GUEST. WELCOME TO OUR FELLOW BOARD MEMBERS AND QUITE SOME TIME SINCE WE'VE BEEN TOGETHER SO GOOD TO SEE YOU ALL. UM I'D LIKE TO CALL TO ORDER THE MARCH 25TH 2024 MEETING OF THE BOARD OF ZONING APPEALS AT 6:30. P.M. CAN PLEASE READ THE CALL. CERTAINLY AND A BOARD MEMBERS WILL TURN ON THEIR MICS AND MAKE SURE TO SPEAK INTO THEM FOR THE RECORD, MR LAJEUNESSE. YES, PRESIDENT. MR SMITH. MR JACOB. MR MR SHOW SAMUELS PRESENT AND COUNCIL MEMBERS HERE. I HAVE FOUR BOARD MEMBERS PRESENT FOR THE MARCH 25 BC A MEETING. WE HAVE A QUORUM.

[III. Action on minutes]

THANK YOU. OK SO THE FIRST AGENDA ITEM IS AN ACTION ON THE EVENTS FROM THIS GOES BACK TO NOVEMBER. 27TH 2023 ARE THERE ANY UPDATES TO THE MEETING MINUTES? AND HERE. MR CHAIR. I MOVED TO ACCEPT THE MINUTES FROM THE NOVEMBER 27TH 2023 BC A MEETING A SECOND TIME. MR JACOB? YES YES. YES SAMUEL? YES FOUR. YES VOTES TO ADOPT THE MARCH MAY 7TH 2023 BZ A MINUTES MINUTES

[IV. Additions or corrections to agenda]

ARE ADOPTED. THANK YOU. OK THE NEXT AGENDA ITEM IS THE SWEARING IN OF ANY WITNESSES. APPLICANTS WHO WISH TO SPEAK TONIGHT. I THINK WE HAVE TWO PEOPLE. FOR VARIANCE TO THAT. CORRECT. OH, I HAVE SPEAKER CARDS FOR YOU. FIVE TOTAL. OK UH YEAH. AND IF YOU GUYS WILL GIVE ME A SPEAKER CARDS WHEN YOU GET A MOMENT OK, DO YOU SWEAR TO TELL THE TRUTH AND HOLD THE TRUTH, BUT NOTHING BUT THE TRUTH. THANK YOU, JOHN. OK? TWO CASES ON THE AGENDA TODAY. THE FIRST CASE IS

[VI. Cases]

VARIANCE 10 TO 024. UM THE APPLICANT REQUESTS THE VARIANCE TO ALLOW A DETACHED GARAGE TO ENCROACH APPROXIMATELY 16 FT INTO THE 30 FT REQUIRED REAR YARD SETBACK THAT'S REQUIRED BY THE CITY CODIFIED ORDINANCE CHAPTER. I WON'T READ THAT AT 78 09 LAMBDEN PARK ROAD. CAN WE HEAR THE STAFF REPORT? THANK YOU, TOO. THIS PROPERTY IS A CORNER LOT AND CONTAINS A SINGLE FAMILY HOME AS OUTLINED IN RED. AND THE LOT IS LOCATED WITHIN THE NEW ALBANY COUNTRY CLUB. AS YOU CAN SEE FROM THE SITE PLAN HERE THERE IS AN EXISTING HOME ON THE NORTHWEST CORNER WITH AN ATTACHED GARAGE JUST SOUTH OF THE PATIO. AND THE PROPOSED DETACHED GARAGES HERE HATCHED IN THE CORNER JUST NORTH OF THAT ATTACHED GARAGE. THERE IS A DRIVEWAY CONNECTING THE TWO AND A REAR YARD SETBACK OF 30 FT AS OUTLINED IN RED THE APPLICANT PROPOSES A VARIANCE TO ALLOW THE DETACHED GARAGE TO ENCROACH ABOUT 16 FT INTO THE 30 FT REAR YARD SETBACK. AND THE LETTER LITERAL AND TAPERS INTERPRETATION OF THE CITY CODE ORDINANCE DEPRIVES THE APPLICANT OF THE RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES BECAUSE IT IS A CORNER LOT. ON A CORNER LOT. THE REAR YARD IS NOT DETERMINED BY THE ORIENTATION OF THE HOME BECAUSE OF THE TECHNICAL DEFINITION OF A CORNER LOT. THE EASTERN PROPERTY LINE IS CONSIDERED THE REAR YARD.

THEREFORE THE PROPOSED DETACHED GARAGE IS ENCROACHING THE REAR YARD SETBACK. HOWEVER IF LAMBDEN PARK ROAD WAS NOT HERE AND THE FRONT OF THE HOME WAS ADJACENT TO SOLE COURT, THE VARIANCE WOULD NOT BE NECESSARY. THIS MARIAN'S REQUEST DOES NOT APPEAR TO BE SUBSTANTIAL BECAUSE THE NEW LOT COVERAGE IS RECORDED AT ALMOST 23% WHICH MEETS THE CODES ALLOWABLE MAXIMUM LOCK COVERAGE OF 30% IN ADDITION, THE PROPOSED DETACHED GARAGE MEETS ALL OTHER CITY CODE REQUIREMENTS. THE VARIANCE MEETS THE BAR AND INTENT OF THE CITY CODIFIED ORDINANCE BECAUSE THE DETACHED GARAGE IS SCREENED FROM THE NEIGHBORING PROPERTIES BY EXISTING TREES. AND EVEN THOUGH

[00:05:01]

THE DETACHED GARAGE IS CLOSER TO THE PROPERTY LINE THAN CODE ALLOWS THE EXISTING LANDSCAPING PROVIDES A BUFFER BETWEEN THE PROPERTIES AND STILL RIGHT HERE. YOU'VE GOT LITTLE ONES AND THEN YOU'VE GOT BIGGER ONES FURTHER NORTH. AS YOU CAN SEE, THE EXISTING HOME IS ABOUT TWO STORIES HIGH AND THE ATTACHED GARAGE IS ABOUT 1.5 STORIES, BUT THE NEW DETACHED GARAGE WOULD BE ABOUT ONE STORY. THE PROPOSED DETACHED GARAGE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD BECAUSE THE PROPOSED MATERIALS WHERE YOUR MIRROR THE EXISTING MATERIALS OF THE HOME THE PROPOSED EXTERIOR WALLS MATCH THE EXISTING EXTERIOR WITH SIMILAR BRICK MATERIAL AND A BRICK WATER TABLE . IN ADDITION, THE HEIGHT OF THE PROPOSED DETACHED GARAGE IS ONE STORY COMPARED TO THE TWO STORY EXISTING HOME. HISTORICALLY THE BC A HAS APPROVED THREE SIMILAR VARIANTS FOR CORNER LOTS BETWEEN 2017 TO 2023 WITHIN THE NEW ALBANY COUNTRY CLUB. THESE VARIANTS WERE APPROVED FOR IN CO ENCROACHMENTS OF 25 FT INTO A 30 FT REAR YARD SETBACK. 16 FT IN THE R INTO A 30 FT REAR YARD SETBACK, AND 15 FT IN A 30 FT REAR YARD SETBACK. IT SHOULD BE NOTED THAT NO GOVERNMENT SERVICES WILL BE IMPACTED BY THE VARIANCE, NOR WILL IT ADVERSELY AFFECT THE HEALTH AND SAFETY OF PERSONS RESIDING OR WORKING WITHIN THE VICINITY OF THIS PROJECT. DUE TO THE PROPERTY BEING A CORNER LOT AND THE LOCATION OF THE EXISTING HOME.

THERE DOES NOT APPEAR TO BE AN ALTERNATIVE LOCATION ON THE PROPERTY TO BUILD A DETACHED GARAGE OR ITS THEN THE EXISTING GARAGE. THE VARIANCE DOES NOT APPEAR TO BE SUBSTANTIAL, SINCE THE CHARACTER OF THE NEIGHBORHOOD WILL NOT BE ALTERED . THE PROPOSED DETACHED GARAGE IS THE EXACT SAME AS THE EXISTING MATERIALS AND DESIGN AS THE EXISTING HOME. THE LARGE EXISTING TREES, PROVIDE SCREENING AND BUFFERING FROM THE NEIGHBORING PROPERTIES WHERE THE ENCROACHMENT IS LOCATED. AND AT THIS TIME CITY STAFF WILL ANSWER YOUR QUESTIONS. IS THERE A MOTION TO ACCEPT STAFF REPORT EACH AND RELATED DOCUMENTS INTO RECORD. SOME OF THEM. SECOND.

FUN, AND SHE MISS SAMUELS. YES. MR JACOB? YES MR. YES MR LA? YES, FOR YES VOTES TO ACCEPT THE STAFF REPORT. MOTION PASSES. THANK YOU TO ANY OF OUR GUESTS WANT TO SPEAK ABOUT THIS? MR PARKER GOING FIRST. TODD PARKER ON THE APPLICANT ON BEHALF OF J. DEMARTE. I ARCHITECT WITH F FIVE DESIGN. I SIERRA DID A GREAT JOB WITH THE STAFF REPORT. UM, VERY THOROUGH. SHE BASICALLY SAID IT ALL. I MEAN, YOU KNOW, WE STUDY OTHER OPTIONS. YOU KNOW, MAYBE TRYING TO ATTACH SOMETHING AND YOU KNOW, IT STILL WOULD IF WE ATTACHED IT IN THE ENTIRE HOUSE WOULD BE IN THE REAR HEAD SET BACK, SO WE FELT THIS WAS OUR BEST OPTION TO GET ADDITIONAL GARAGE SPACE. UM, YOU KNOW AGAIN. IT IS APPROVED BY THE NEO A RC AS WELL. SO THAT, UH, YOU KNOW, IT IS PART OF THAT REQUIREMENT, SO THEY'RE OK WITH EVERYTHING WE'RE DOING HERE. SO ARE THERE ANY QUESTIONS? A COUPLE OF QUESTIONS, UH, FOR STAFF, DID WE HEAR FROM ANY OF THE NEIGHBORS? WE DID NOT HEAR FROM ANY NEIGHBORS AND THE CURRENT ATTACHED GARAGE. HOW MANY CARS IS THAT? IT'S THREE, BUT IT'S REALLY 2.5 THE WAY STAIRCASE ENCROACHES ON IT. AND SO WHAT'S THE BIGGEST NEED FOR THE DETACHED GARAGE? LIKE THE OK TASTY. HI THERE, UH J DE MARTE. RECENTLY RELOCATING TO NEW ALBANY FROM CONNECTICUT. UH 79 08 FOR 78 09. THEY HAVE TO PARK UM I HAVE TWO KIDS, AND WE HAVE FOUR CARS, BASICALLY, SO IT'S UH I DON'T REALLY HAVE A BIG DRIVEWAY AND I DON'T WANT PEOPLE HAVE TO PARK ON THE STREET. UH, THAT'S THE MAIN RATIONALE. THANK YOU. UH, QUESTION FOR STAFF. IF THIS WASN'T A CORNER LOT. WHAT'S THE SETBACK REQUIREMENT? 10. 10 FT. SO CAN YOU PULL THAT PICTURE BACK UP SHOWING THE SETBACK? SO WHERE WOULD THAT LINE BE? IF IT WAS A 10 FT SETBACK? I CAN'T REALLY SEE THAT FROM HERE. SO IF YOU LOOK AT THE SECOND LINE HERE , IT'S KIND OF IN BLACK. THAT WOULD BE THE 10 FT EASEMENT BETWEEN TWO PROPERTY LINES. 10 FT UTILITY IS OK, BUT YOU'RE NOT GOING INTO THAT. THAT OK? WHAT'S WHAT'S THE DEPTH OF THAT GARAGE. IT'S BASICALLY 24 BY 24. OK, I

[00:10:11]

MEAN, THAT'S KIND OF OUR STANDARD TWO CAR GARAGE IN THIS DAY AND AGE. AND IT'S A LITTLE TRICKY TO TELL FROM HERE, BUT THE SCREEN AND HOW HOW STRONG IS THE SCREEN? ALONG THE DRIVEWAY.

THERE'S MASSIVE HARD BODY THAT HAVE BEEN THERE FOR YOU KNOW, 20 YEARS, PROBABLY AND THEN THE ENTIRE REAR PROPERTY LINE. EVEN ALL THE WAY AROUND THAT CORNER. IT'S PRETTY DENSE, YOU KNOW, MIXTURE OF EVERGREEN AND DECIDUOUS TREES. SO THE NEIGHBORS TO THE NORTH JUST PUT A POOL IN AND YOU'VE GOT TO GET TO CERTAIN VANTAGE POINTS TO EVEN SEE IT SO YOU KNOW, THERE'S IT'S PRETTY, YOU KNOW, IT'S MATURE SCREENING, SO IS THE PROPOSED, UH, GARAGE SIMPLY THAT MEANING IT'S SIMPLY GONNA HAVE ELECTRICAL WITHIN. IT IS NOW AND NO OTHER. IT'S NOT GONNA BE LIKE AN APARTMENT OVERHEAD AND THERE'S NO WATER CONNECTED TO IT. IT'S GOT IT'S JUST A GARAGE.

OK, THANK YOU. QUESTION FOR STAFF. UM ANY OF THE PREVIOUSLY GRANTED VARIANCES, UH, IN THE PRESIDENT, WHERE THEY ALSO IN THIS NEIGHBORHOOD OR SIMILAR NEIGHBORHOOD. UH BELIEVE THEY'RE ALL IN THE COUNTRY CLUB AND KIND OF, I GUESS RANDOMLY PLACE WITHIN. I DON'T THINK IT WAS ANY WITHIN ONE SPECIFIC AREA OF THE COUNTRY CLUB. ANYONE HAVE ANY OTHER QUESTIONS? HAVE YOU MET YOUR NEIGHBOR YET TO THE EAST? IN THE EAST. THE ONE THAT THIS IS GONNA IMPACT THE MOST. STEP UP FOR THE RECORD. THANK YOU. NO I HAVE NOT. I HAVEN'T MOVED IN THE HOUSE YET, BUT I PLAN ON MEETING THEM, OK? WELCOME. THANK YOU. IS THERE A MOTION TO ACCEPT VARIANCE 10 TO 024. I'LL MOVE TO APPROVE VARIANCE 1020 24, BASED ON THE FINDINGS OF THE STAFF REPORT, WITH THE CONDITIONS LISTED IN THE STAFF REPORT, SUBJECT TO STAFF APPROVAL. WHICH THERE ARE NOT OH, I YEAH. TO SHOW YES, BUT REAL QUICK. I DON'T LOVE VARIANCES LIKE THIS, BUT I THINK THE CIRCUMSTANCES WITH THE PROPER SCREENING AND THE LIMITED AREA AND I WOULD RATHER HAVE CARS IN THE GARAGE THAN ON THE STREET. SO I WILL SAY YES. MR LAJEUNESSE? YES. MISTER JACOB? YES THE SAMUELS? YES I HAVE FOUR. YES VOTES ON THE VARIANCE. UM VA R 1020 24, WITH THE CONDITIONS LISTED IN THE STAFF REPORT. THANK YOU. WELCOME TO ALBANY. AND IF THERE ARE ADDITIONAL SPEAKERS FOR A VARIANT 11 IF YOU HAVE NOT YET PULLED OUT A CARD. I APPRECIATE THAT. OK ON TWO VARIANTS, 11 2024, THE APPLICANT REQUEST A VARIANCE TO ALLOW THE USE OF ARTIFICIAL TURF GRASS ABOUT 1000 52 SQUARE FEET WITHIN THE PARKING LOT ISLANDS AND CHILDREN'S PLAY AREA AT 6895 THAT THE ROAD THE CITY CODIFIED ORDINANCE, 1171.07 STATES, ARTIFICIAL PLANTS ARE PROHIBITED AND THAT ALL LANDSCAPE MATERIALS SHALL BE LIVING PLANTS FOR THE LANDSCAPING MATERIAL REQUIREMENTS FOR PLANTING, SUCH AS GRASS AND GROUND COVER TREES, SHRUBS AND HEDGES. CAN WE HEAR THE STAFF REPORT? THANK YOU. THE PROPERTY CONTAINS A NEW CHURCH KNOWN AS PLYMOUTH BRETHREN CHURCH, AND THE PROPERTY IS SOUTH OF CENTRAL COLLEGE ROAD AND WEST OF VEL HEIMER JUST IN THIS HIGHLIGHTED RED AREA. THE PROPERTY SHOWS THE SITE PLAN HERE. THIS IS WHERE BEETLE HUNTER ROAD IS FOLLOWING AN ENTRY DRIVEWAY. THERE IS AN EXISTING CHURCH TO THE NORTH, AND THE PLAY AREA IS HERE, SORT OF IN THE CENTER AND ALL THE OTHER RED HIGHLIGHTED. HERE ARE THE EXISTING PARKING ISLANDS. THE ARTIFICIAL TURF GRASS IS LOCATED WITHIN THE PARKING ISLAND AND PLAY AREAS, SEAS IN RED AND THE ARTIFICIAL TURF GRASS MAKES UP ABOUT 4% OF THE LOT. THE REMAINDER OF THE PROPERTY USES NATURAL TURF GRASS AND LANDSCAPE. THE FOLLOWING SHOULD BE CONSIDERED IN THE BOARD'S DECISION. THE APPLICANT STATES THAT THE ARTIFICIAL TURF GRASS IS NOT VISIBLE FROM THE PUBLIC. RIGHT AWAY FOR MULTIPLE REASONS. FIRST THE CHURCH

[00:15:06]

[00:20:03]

BEEN OUT OF TOWN. UM AND I MUST HAVE GOTTEN A DIFFERENT STAFF REPORT. UM MY BUT BE THAT AS IT MAY, I'LL, UM I CAN READ FROM IT, BUT YEAH, THIS THIS CHURCH, UM WHAT HAPPENED WAS IS THEY CONSTRUCTED THE CHURCH AND THEY INSTALLED THE FIELD TURF GRASS AND THEN ON FINAL INSPECTION, THE CITY SAID, UM THAT'S THAT'S NOT PERMITTED BY CODE. AND SO THE CITY SUGGESTED THAT FOR THE CHURCH TO SUBMIT IT VERY APPLICATION IN THIS CASE. YOU KNOW, IT'S UM, THE IN IN IN, SIERRA NOTED, YOU KNOW, THE ISLANDS ARE SCREENED. UM, IF YOU LOOK AT THE BEER IS DOWN SOUTH.

IF YOU LOOK AT IT, IT HAS A CURVED DRIVEWAY AND MATURE TREES AND LANDSCAPING AND MOUNDING AND , UM, THE ISLANDS ARE NOT VISIBLE FROM ANY PUBLIC RIGHT OF WAY. UM LIKE LIKE, SHE NOTED, THERE ARE OVER 250 FT FROM BEHEER. UM THE WAY THAT THE LANDSCAPING AND SCREENING AS IS THAT, UM, THIS IS A PRETTY UNIQUE SITUATION THAT IS NOT IS NOT VISIBLE FROM MANY PUBLIC RIGHT OF WAY. UM THE INNOCENTLY INSTALLED THIS, BUT THEY BELIEVED IT WAS AN UPGRADE.

HONESTLY TO, UM WHAT THE GROUND COVER TYPICALLY IS AND IT'S BASICALLY FOR DURABILITY AND MAINTENANCE. AND THEN OBVIOUSLY THE CHILDREN'S PLAY AREA. UM THERE'S NUMEROUS EXAMPLES IN THE CITY THAT USES THE SURFACE OF THE SOFTER SURFACE. UM WE BELIEVE THAT THIS PARTICULAR FIELD TURF IS MORE CLOSELY MIMICS, UM, NATURAL GRASS THAN SOME OF THE POURED THE PORT RUBBER THAT YOU KNOW IS AN OGDEN , THE NEW OGDEN PLAYGROUND OR THE DIFFERENT PARKS AND SCHOOLS THAT THAT UTILIZE THAT, UM, THAT POURED RUBBER THE UM, WHEN? WHEN YOU TALK ABOUT AN A, UH AN AREA VARIANCE YOU GO. THE CODE HAS ITS OWN FIVE FACTORS. AND THEN IT ALSO TALKS ABOUT AND SIERRA DID IN HER, UM, STAFF REPORT. THE DUNCAN FACTORS AND THE YOU KNOW WE COULD GO THROUGH THOSE, BUT THEY'RE ANALYZED IN BOTH THE APPLICATION AND THE STAFF REPORT AND NOT ONE. I THINK THE KEY THING IS NOT ONE FACTOR CONTROLS . IT'S JUST A IT'S A. IT'S A WEIGHING OF THE DIFFERENT FACTORS. UM, IN AS STAFF, YOU KNOW. SAYS THAT LAYERS OF LANDSCAPING PREVENTS FIELD TURF ISLANDS. UM, FROM VIEW FROM THE RIGHT OF WAY. UM YOU KNOW, THE CHURCH IS SURROUNDED BY GRASSLAND AND MATURE THERESA LANDSCAPING, UM, IN MY STAFF REPORT SAYS THAT THAT IS IN KEEPING WITH THE SPIRIT INTENT OF DESERTING CODE. UM THERE ARE OTHER EXAMPLES AS SIERRA NOTED OF FIELD TURF IN NEW ALBANY, THE VARIANT OF THE COURTYARD AROUND THE POOL. THE VARIANCE FOR A PRIVATE RESIDENCE THAT THAT UTILIZED FIELD TURF AROUND THE POOL. THE BARRINGTON SCHOOL AT AT WALTON PARKWAY IN BEHEER THAT THAT USES FIELD TURF. UM SIERRA DIDN'T INCLUDE THAT IN IN, BUT THAT'S IN THE CITY. AND IF YOU LOOK AT THEIR PLAY AREA, WHICH IS VERY CLOSE TO THE RIGHT OF WAY, THAT IS FIELD TURF, UM IT'S VERY VISIBLE, AND I NOTED THE OGDEN WOODS, THE NEW A NEW IN ALL PATH ROAD. UH AND OTHER EXAMPLES OF THE POURED RUBBER, UM, THE SURFACES FOR CHILDREN PLAY AREA. UM YOU KNOW, MY STAFF REPORT SAYS THE FIELD TURF AND ISLANDS APPEARS TO MEET THE SPIRIT AND INTENT OF THE, UM THE VARIOUS REQUIRED IN THE CODE, AND THERE ARE SPECIAL CIRCUMSTANCES THAT ARE PECULIAR, UM, TO FIELD TURF HERE. IT'S CONSISTENT WITH, UM, THE PREVIOUSLY APPROVED INSTALLATIONS IN THE CITY. UM SAVE FOR OBVIOUSLY FOR PLAY AREAS. UH, WE WOULD, AND I HAVE I HAVE A GENTLEMAN HERE FROM THE CHURCH AND I CAN TALK ABOUT THE INSTALLATION. UM, IN THEIR IN THEIR CHURCH. I HAVE CLAYTON HUGHES AND BOB JOHNSTON. THEY'RE TRUSTEES OF THE CHURCH. THANK YOU. I BUT I JUST WANTED TO THANK YOU. UM ANY QUESTIONS? YES I HAVE TWO. FIRST QUESTION IS THE, UH, STAFF FIRST, UM, CAN YOU MAYBE EXPLAIN TO ME HELP EDUCATE ME ON THE CLEARLY A DISCONNECT WHEN IT AS IT PERTAINS TO, UM THEM INSTALLING OR TAKING IT AS THEY'RE GOING THROUGH THE PROCESS AND OBVIOUSLY GOING THROUGH THE BACK AND FORTH WITH THE CITY TO THE POINT WHERE THEY WERE NOT MADE AWARE OF THIS UNTIL IT WAS A FINAL INSPECTION. SO WE'RE KEEP WALK THROUGH KIND OF HOW THE KIND OF STAGES OF CHECK INS KIND

[00:25:03]

OF OCCUR. YES SO WHEN WE REVIEW THE PLANS, I BELIEVE THE LANDSCAPE PLAN SAID TURF, AND SO WE INTERPRETED THAT AS NATURAL TURF AND I THINK THAT'S WHAT WAS INTENDED. BUT ARTIFICIAL TURF GOT INSTALLED. UH IT WAS DURING THE FINAL INSPECTION, THE STAFF FOUND THAT ARTIFICIAL TURF WAS INSTALLED, AND THAT'S WHEN WE NOTIFIED THAT THE PROPERTY OWNERS THAT THAT DID NOT MEET CODE REQUIREMENTS. UM IN THOSE CIRCUMSTANCES, STAFF NOTIFIES, UH, THE PROPERTY OWNERS THAT THERE'S TWO OPTIONS. YOU KNOW, THE FIRST IS THAT THEY COULD TAKE OUT THE ARTIFICIAL TURF OR WHATEVER IT IS. THAT'S NOT MEAN IN CODE AND MEET CODE REQUIREMENTS OR TWO THAT THEY CAN REQUEST A VARIANCE. UM, THAT HAS TO BE HEARD BY THIS BOARD, AND THAT'S THE ONLY WAY THAT IT THAT IT COULD BE ALLOWED. UM SO I GUESS THAT'S SORT OF, UH, A BRIEF SUMMARY OF HOW WE GOT TO THIS POINT. OK, THANK YOU. I ANSWERED MY SECOND QUESTION IN MY HEAD AS WE WERE GOING THROUGH THIS, SO I'M I'M ALL GOOD ON MY END. I DO HAVE A QUESTION. UM QUESTION FOR STAFF. COULD YOU GIVE COMMENT OR DETAIL AROUND THE VARIANCES? UM FOR THAT WERE APPROVED AT THE COURTYARD AT NEW ALBANY AND THE COMMUNITY POOL. YEAH. SO THE COMMUNITY POOL AT THE COURTYARD AT NEW ALBANY.

IT'S A 55 AND OLDER COMMUNITY, UH, BY C AND, UH, SO THEY RECEIVED A VARIANT APPROVAL FROM THE CITY PLANNING COMMISSION. I BELIEVE A FEW YEARS AGO, THERE'S A FENCED IN AREA WHERE THE COMMUNITY POOL IS AND JUST WITHIN THAT AREA WHERE THERE WOULD BE LIKE LAWN CHAIRS AND SEATING AND SORT OF ACTIVE AREA AROUND THE POOL, UH, THEY WERE ALLOWED A VARIANCE TO PUT ARTIFICIAL GRASS IMMEDIATELY AROUND THE POOL AREA ONLY AND THEN WE ALSO MENTIONED THAT THERE WAS A HOUSE, UM, IN THE COUNTRY CLUB THAT RECEIVED IT WAS A VERY SIMILAR, UH, CIRCUMSTANCE WHERE IT WAS, UH, I WOULD SAY A FAIRLY SMALL ARTIFICIAL AREA THAT WAS RAISED UP, UM, FROM GREAT AND SEPARATED FROM THE REST OF THE LAWN. UH AND THAT WAS PUT THERE. I MEAN, THAT WAS DUE TO HARDSHIPS. UM, BECAUSE THERE WAS A RETAINING WALL DUE TO A GRADE. UM AND SO THE APPLICANT COULD HAVE JUST PUT PAVEMENT DOWN. UM BUT THEY ELECTED TO PUT, UH, A TURF GRASS AND SO PLANNING COMMISSION ALSO PROVED THAT VARIANCE. SO IN THAT LADDER UM, SCENARIO. IT WASN'T A REQUIREMENT TO HAVE NATURAL MATERIAL IN THAT SPACE. UH, IT WAS IN BOTH OF THOSE CIRCUMSTANCES AND, UH, BECAUSE OF THE ZONING, THE PLANNING COMMISSION REVIEWED BOTH OF THOSE VARIANCES. OK, AND IT SOUNDS THAT THE COURT. THE NEW ALBANY ACTUALLY LET ME ASK YOU, THE COURTYARD AT NEW ALBANY. THE ONE THAT'S IN THE SUBDIVISION. UM IS THAT VISIBLE FROM ANYWHERE OUTSIDE OF THE COMMUNITY, OR IS THAT ENCLOSED WITHIN THE COMMUNITY? UH THE IT'S PART OF THE COMMUNITY HOUSE AND I WOULD SAY IT'S CENTRALIZED IN THE OVERALL SUBDIVISION. I BELIEVE THERE'S ABOUT 100 AND 20 OR SO UNITS, UH AND IT MIGHT BE VISIBLE FROM THE STREETS, BUT IT IS VERY CENTRALLY LOCALIZED WITHIN THE 55 OLDER COMMUNITY ITSELF. MR MAYOR. JUST A QUICK CLARIFICATION. UM SO IT SOUNDS LIKE IN BOTH VARIANCES THAT WERE GRANTED FOR THE ARTIFICIAL TURF.

IT WAS MORE FOR AN ACTIVE AREA. THAT'S CORRECT, WHETHER AROUND THE POOL OR SOME SORT. I KNOW.

UH, MY GRANDSON GOES TO BARRINGTON. RIGHT DOWN THE STREET. UM AND THEY HAVE A CERTAIN SECTION IN THE PLAYGROUND AREA THAT HAS TURF, BUT IT HAS A SLIDE. IT HAS EVERYTHING ON IT. AND THEN AFTER THAT, IT'S ALL NATURAL GRASS. SO IT SOUNDS LIKE THERE IS SOME SORT OF REASONING BEHIND ARTIFICIAL TURF. LIKE FOR THE PLAY AREA, WHICH I KNOW THEY'RE TALKING ABOUT, UM, SOUNDS LIKE WE'VE MAYBE DONE SOMETHING LIKE THAT. BUT DO YOU KNOW OF ANY OTHER INSTANCE WHERE WE'VE DONE SOMETHING FOR ISLANDS IN A PARKING LOT? BECAUSE I CAN'T THINK OF ANY NOW WE'RE NOT AWARE OF ANY OTHER AREAS WHERE, UH, PARKING LOT ISLANDS HAVE USED ARTIFICIAL AR CODE ALLOWS FOR, UH, GRASS OR MULCH OR SHRUBS AND USUALLY IT'S A COMBINATION THEREOF. UM BUT NO NO VARIANCES WITHIN THE CITY FOR THAT NATURAL LANDSCAPING AND THE CITY PARKING CODE DOES REQUIRE A MINIMUM OF 5% OF PARKING LOTS. UM, BE ISLAND TO ADD LANDSCAPING, UM, TO BREAK UP THE PAVEMENT. UM, AND SO THAT'S WHY THAT I SHOULD SAY THAT'S WHERE THAT REQUIREMENT. COMES FROM OK, THANK YOU. AND MAYBE I MISSED IT. BUT ARE THERE ANY, UM SLIDES OR PLAYGROUND EQUIPMENT ON THAT. CURRENT UH, IF YOU'LL GIVE YOUR NAME AND ADDRESS FOR THE RECORD.

YEAH. JIM REED WITH PLYMOUTH BRETHREN CHRISTIAN CHURCH KNOW AT THE CURRENT TIME. THERE IS NOT THAT IS THE DESIGNATED PLAY AREA AND THERE IS MINE TO POTENTIALLY PUT SOME THINGS IN, BUT WE'RE JUST TAKING A STEP AT A TIME. AND I JUST WHILE I'M UP HERE, I JUST WANNA SAY WE

[00:30:01]

THOUGHT WE WERE DOING A STEP UP. OBVIOUSLY, IT'S VERY EXPENSIVE TO DO WHAT WE DID. UM AND DIDN'T THINK WE COULD BE. DEVIATING FROM ANYTHING BUT OUR CONCERN, JUST WITH SOME OF THE OTHER OPTIONS SUCH AS MULCH AND THAT ANYWHERE IN THERE YOU YOU'VE GOT A DIFFICULTY KEEPING IT CLEAN.

IT FLOWS OUT OVER ONTO THE PARKING LOT. IT BECOMES MORE OF A MESS, SO WE'RE WE'RE WE'RE WANTING TO LOOK BETTER. UM WE'RE WILLING TO IF IT WOULD HELP HIM POST A BOND TO COMMIT THAT IT WOULD STAY CLEAN. GOOD LOOKING. WE TAKE GREAT PRIDE IN OUR STRUCTURE, AND WE WANNA KEEP IT THAT WAY. THANK YOU. EXCUSE ME, SIR. WHILE YOU'RE UP THERE, CAN YOU JUST ANSWER A QUESTION? SO WHAT COULD JUST TELL ME THE REASON WHY YOU PUT ARTIFICIAL TURF AND INSTEAD OF GRASS? I HEARD I THINK I HEARD IT'S HARDER TO MOW BECAUSE IT'S SUCH A SMALL AREA THAT SEEMS WELL, THERE'S SIX INCH CURVES AROUND EACH OF THESE. THEY'RE RELATIVELY SMALL, SO YOU'D HAVE TO MOW IT WITH A WEED WHIPPER. BASICALLY YOU'RE NOT GONNA BE ABLE TO MOW IT WITH A LAWN MOWER, WHICH IS TOUCH AND GO FOR HOW IT LOOKS. YOU KNOW THE MESS ALL OVER THE PARKING LOT. UM AND SO ON, RIGHT? AND THEN WHEN IT'S PEOPLE GETTING OUT OF THEIR CARS ON A RAINY DAY AND SNOW AND SO ON, IT'S MUDDY. THIS ELIMINATES ALL OF THAT. UM BECAUSE, I FULLY UNDERSTAND THE CONCERN AROUND.

ASTROTURF AND EVERYBODY'S FRONT FRONT YARD, RIGHT? UM THIS IS OBVIOUSLY VERY HIGH GRADE TURF.

THE TYPICAL ROLL IT OUT. BUY IT AT HOME DEPOT AND ROLL IT OUT. ASTROTURF THAT'S THAT WAS WHAT WAS IN OUR MIND ANYWAY. UH, JUST ONE LAST QUESTION FOR STAFF. UM IF YOU LOOK ACROSS THE COMMUNITY IN ALL OUR PLAY AREAS DO WE HAVE ASTROTURF IN ANY OF OUR PLAYERS, PLAYGROUNDS? UH, NOT THAT WE'RE AWARE OF IT. THE BARRINGTON ONE IS, UH UH, I DIDN'T REMEMBER THAT. BUT I THINK THAT I'M SURE THAT WAS ALSO APPROVED BY THE PLANNING COMMISSION AS PART OF A FINAL DEVELOPMENT PLAN. UM BUT THAT'S THE ONLY, UM AREA THAT WE'RE AWARE OF. HOWEVER IT IS NORMAL FOR PLAYGROUND AREAS TO USE SOME OTHER TYPE OF SURFACE OTHER THAN NATURAL LANDSCAPING. THE CITY'S OWN, UM, YOU KNOW, PARK IMPROVEMENTS THAT WE'VE DONE THROUGHOUT THE COMMUNITY ARE POOR AND PLAY THE RUBBER SURFACE AND IT'S NOT IS NATURAL MULTITUDE. YOU KNOW, SOMETIMES IT'S A LITTLE MULCH PELLETS AS WELL. UM SO WE DO FEEL THAT SOME OTHER, YOU KNOW, ARTIFICIAL SURFACE WITHIN THE PLAYGROUND AREA IS WITHIN KEEPING, UM, WITH WITH THE COMMUNITY STANDARD. OK, THANK YOU. QUESTION FOR SETH. IS THERE ANYTHING REQUIRED TO DESIGNATE THAT SPECIFIC SPACE AS A PLAY AREA, OR IS IT WHATEVER THE OWNER CALLS IT AT THE TIME? WHATEVER THE OWNER CALLS IT AT THE TIME, NO REQUIREMENTS SPECIFICALLY FOR PLAY AREA. GENTLEMEN. ARE YOU FAMILIAR WITH WITH MR SHAY TOM SHAY, THE NEIGHBOR. AND HAVE YOU HAD SOUNDS LIKE MAYBE YOU'VE HAD SOME DISCUSSIONS WITH HIM. SO MY NAME IS ROBERT JOHNSTONE GO BY BOB. MY ADDRESS IS 1332 WINTRY COURT IN NEW ALBANY. I'M SECRETARY OF CHRISTIAN MAIN ROOM INCORPORATED, WHICH IS THE OWNER OF THE LAND AND THE BUILDING.

IT'S 6895 PEOPLE ON A ROAD. WE DO KNOW TOM AND SUSAN SY. WELL UH, FROM THE BEGINNING OF THE PROJECT, WE MADE IT AT AN ATTEMPT TO GO AROUND AND INTRODUCE OURSELVES TO ALL OF THE ADJACENT RESIDENTIAL PROPERTY OWNERS, AND WE MADE CONTACT WITH THEM THROUGHOUT THE PROJECT. WE GOT ALONG WELL, UH, WE ARE A FIRST TIME PROPERTY OWNER FOR THIS TYPE OF A BUILDING IN NEW ALBANY. WE WANT TO BE HERE LONG TERM. WE WANT TO DEVELOP A GOOD RELATIONSHIP WITH THE COMMUNITY. I THINK, AS MR MAYOR SAID IT WAS AN UNIN. VIOLATION OF A CODE BASED ON A MISINTERPRETATION OF A SPECIFICATION. UM, I'VE GOT 11 GRANDCHILDREN THAT ARE PART OF THE CONGREGATION THERE AND IN ADDITION TO THE PLAY AREA, ONE OF THE THINGS THAT'S REALLY BEEN BENEFICIAL, IN MY OPINION TO HAVING THE ARTIFICIAL TURF IN EACH OF THOSE ISLANDS IS WHEN WE ARRIVE FOR A CHURCH MEETING. WE TRY TO KEEP A GRIP ON OUR KIDS, BUT SOME OF THE FAMILIES HAVE THREE OR FOUR CHILDREN. IT'S UNCOMMON AND ONE OF THEM WILL DART OFF OR AFTER THE CHURCH MEETING IS OVER. THE KIDS GO OUT AND THEY CONGREGATE, ESPECIALLY IN THAT LARGER THEN THEY MIGHT DART BACK INSIDE TO TALK TO THEIR PARENTS ABOUT SOMETHING. WE'VE GOT A BUILDING AT 4895. WE BOULEVARD IN COLUMBUS. WE'VE HAD A LOT OF TROUBLE WITH THE KIDS GOING OUT ON NATURAL GRASS, AND THEY TRACK MUD BACK IN. THE OTHER THING THAT WE INVESTED IN IN THIS PROPERTY WAS ALL UNDERNEATH A CANOPY ALL OF THE CONCRETE SIDEWALK IN THE PLAZA IN THE FRONT IS UNDER SLAB HEATING IN IT, WHICH WAS DESIGNED FOR, UH TO PROVIDE PROTECTION AGAINST THE FALL AND SLIPPERY WEATHER, BUT ALSO IT'S REALLY HELPED TO PREVENT TRACKING A LOT OF AND SLUSH. AND SO IT'S A HUGE HELP FROM AN OUTSIDE MAINTENANCE STANDPOINT, BUT ALSO FOR AN INTERIOR MAINTENANCE TO KEEP OUR CARPETS CLEAN AND I WOULD REALLY APPRECIATE IF WE COULD KEEP IT

[00:35:01]

AS A HUGE BENEFIT TO US AS A AS A GROUP. JUST TO FOLLOW UP, MR. JOCKEY OBVIOUSLY HAS SOME CONCERNS WHEN HE ADDRESSED THOSE WITH YOU. HOW HOW DID THAT CONVERSATION GO ABOUT THE TURF SPECIFICALLY, I'M SORRY. I WASN'T AWARE THAT HE ADDRESSED A CONCERN ABOUT THAT. SPECIFICALLY I HAD SPOKEN TO OTHER TRUSTEE JEFF SU, WHO I THOUGHT HAD SPOKEN TO TOM AND SUSAN ABOUT THIS, AND I WAS NOT AWARE THAT THEY HAD A DIFFICULTY WITH IT DID DID YOU SEE THIS LETTER? HAS THIS NOT BEEN DISTRIBUTED TO THE FOLKS HERE. WHILE YOU'RE GIVING HIM THE LETTER, I'LL JUST POINT OUT MR SHOCKY, UH, PROPERTY. CORRECT ME IF I'M WRONG IS THE REAR OF I GUESS THE WESTERN PART OF YOUR CAMPUS RECALL IT CORRECT, SO HE'S KIND OF IN THIS PICTURE ON THE LINE. THAT'S HIS.

THAT'S HIS PROPERTY LINE. OK? NO. I HAD NOT SEEN THIS LETTER. I HAD SEEN A COPY OF THE LETTER THAT WAS SENT OUT BY THE ZONING BOARD FOR THE HEARING TONIGHT, BUT NOT THIS LETTER HERE. HAVE YOU SEEN THAT, JIM? NO. THE DATE THAT LIST WEDNESDAY. I DO SEE THAT HE INDICATES HE DOES NOT WISH TO JEOPARDIZE OUR FRIENDLY RELATIONSHIP. BASICALLY, I DO HAVE STRONG FEELINGS IN THIS REGARD. THERE TO COMMENT FURTHER ON THAT TO TOM AND SUSAN. JUST JUST FOR AWARENESS, HE SAID THAT DIRECTLY TO US SO PARDON ME. HE SAID IT DIRECTLY TO THE BOARD. OK, YEAH. ANY OTHER QUESTIONS.

COMMENTS CONCERNS. UH, QUESTION FOR STAFF. IF THE BOARD FEELS APPROPRIATE. COULD WE MODIFY THE VARIANCE TO SIMPLY INCLUDE THE PLAY AREA AND NOT INCLUDE THE ISLANDS. UH, YES, THAT'S WITHIN THE BOARD'S POWER. THANK YOU. I'M GONNA MAKE A MOTION. YEAH, I. I DON'T AND I UNDERSTAND THE COST. AND THE INVESTMENT TO TEAR THAT UP AND PULL IT OUT. AND I DON'T THINK ANYBODY LOVES BEING ON THIS BOARD AND MAKING THOSE TYPES OF DECISIONS AND WE APPRECIATE YOU BEING IN NEW ALBANY. WE DO HAVE TO PROTECT THE CITY WITH WITH SETTING PRECEDENTS IN IN THE COUPLE OF PRESIDENTS AND I WAS I PLAN. I SIT ON THE PLANNING COMMISSION AND A COUPLE THAT WE'VE APPROVED, I THINK WERE MUCH SMALLER SCALE. WE'RE MUCH MORE ISOLATED. IN MY OPINION, THIS IS A THIS IS A PRETTY BIG AREA WHEN YOU WHEN YOU DRIVE IN I AND IT'S ALREADY BEEN DONE, AND WE DIDN'T GET THE CHANCE TO SAY HEY, YAY OR NAY OR MAYBE HERE AND NOT THERE AND SO JUST CANLEY PUTS US IN A VERY TOUGH SPOT TO JUST AND I HATE TO SPEAK FOR THE BOARD. BUT I'LL SPEAK FOR MYSELF TO JUST CAR CARTE BLANCHE APPROVED THIS, KNOWING THAT THAT'S GONNA OPEN THE FLOODGATES FOR PRETTY MUCH ANYBODY TO COME IN AND PUT BACK TO BERU ASTROTURF IN THE FUTURE. AND SO THAT'S THAT'S MY CONCERN, SETTING THAT LOGICAL PRECEDENT. UM THAT WOULD BE OPEN TO THE DISCUSSION OF THE PLAY AREA, I. I CAN SEE THE BENEFIT THERE WITH THE CHILDREN. I PROBABLY DROVE A LITTLE BIT OF PROVING THE OTHER ONES. I CONCUR WITH YOUR IF YOU'LL GIVE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. TIME IS TIM GOODEN. I'M A NEIGHBOR. AT 7367 CENTRAL COLLEGE ROAD. MY PROPERTY I OWN IS JUST SEE IT THE SECOND ONE IN FROM THE CORNER. I'VE COME BEFORE YOU TONIGHT. THANK YOU FOR YOUR PRESENTATION. I HAVEN'T BEEN HERE BEFORE I MOVED INTO NEW ALBANY FROM AUSTRALIA IN A LITTLE WHILE AGO, UH, A FEW YEARS AGO AND GREAT BEST NEIGHBORHOOD BEST NEIGHBORHOOD.

I COME HERE TO SUPPORT THIS APPLICATION. IT LOOKS VERY ATTRACTIVE. IT LOOKS LIKE NATURAL GRASS. IF WAS NATURAL GRASS OR IT? THAT'S WHAT IT LOOKS LIKE. I HAVE SEEN CHILDREN PLAYING IN THOSE AREAS. UM ALL THE TIME WHEN THE CHURCH IS IN FUNCTION. IT'S AN IDEAL PLACE. I WOULD JUST I'D LIKE TO TAKE FROM A NEIGHBOR. I SUPPORT THE APPLICATION BECAUSE IT LOOKS IT LOOKS VERY SMART. YOU. UM I DON'T THINK YOU COULD IMPROVE ON IF I'M AN ACETIC PERSPECTIVE.

THANK YOU. THANK YOU. THANK YOU. I WAS JUST GONNA ADD THAT I CONCUR, HANS WITH WHAT YOU SAID, UH AND JUST ADD THAT, UM, AS MUCH AS I'VE BEEN A RESIDENT OF NEW ALBANY AND PAYING ATTENTION TO THE LONG TERM PLANNING AND THE PRIORITIES OF COUNCIL AND, UH, THE CITY ITSELF, UM

[00:40:05]

MAINTAINING THE SPIRIT OF TRADITIONAL GREEN SPACE WHERE WE CAN DO IT AND WHERE IT MAKES THE MOST SENSE. UM OBVIOUSLY ACKNOWLEDGING IN THIS CASE, OBVIOUSLY WHEN IT COMES TO PLAYGROUNDS AND POOL AREAS AND JUST GENERAL ACTIVITIES, THAT'S ONE AREA BUT A PARKING LOT DUE TO LET'S ALSO BE MINDFUL THAT JUST LIKE NOAH'S USED TO BE AN EVENT CENTER NOW IT'S A CHURCH.

THIS COULD EASILY BE FLIPPED ONE DAY AND I WANT TO BE MINDFUL OF THAT AS WELL SO THAT I CONCUR WITH HANS'S STATEMENT. I EXPECT IF YOU WILL, PLEASE STEP UP AND, UH, GIVE YOUR NAME AGAIN FOR THE RECORD. I JUST WANTED TO INQUIRE . I'M NOT FAMILIAR WITH THE ZONING BOARD'S PROCEDURE PROTOCOL. BUT IN A CASE LIKE THIS, WHERE WE DIDN'T REALIZE THAT ONE NEIGHBOR THAT WE THOUGHT WE HAD A GOOD RELATIONSHIP WITH IS UNHAPPY WITH IT. CAN WE ASK FOR THE DECISION TO BE POSTPONED TO YOUR NEXT MEETING, AND WE CAN SPEAK WITH THE SHOCKY AND OTHER NEIGHBORS BESIDES MR GOODEN TO SEE IF ANYONE ELSE HAS A CONCERN AND JUST BRING THAT BACK TO YOUR STAFF? YEAH, YOU COULD TELL US WHEN STEVE, MAYBE YOU CAN PITCH IN, BUT SO HOW DOES THAT PROCESS WORK? DO THEY HAVE TO REAPPLY OR WE JUST POSTPONE IT OR WE TABLE SO IT'S UP TO THE BOARD IF THEY WANT TO TABLE IT AT THE APPLICANT'S REQUEST. IF WE GIVE THEM LIKE IT'S UP TO, I THINK OUR DISCRETION IF WE SAY IT'S THE NEXT MONTH OR WHATEVER WE WANNA DO IT. I GUESS WE SHOULD PERHAPS ASK EVEN IF WE DID THAT. COULD THAT INFLUENCE YOUR DECISION OR OR NOT? EVEN IF THE SHOCK IS WERE COMFORTABLE WITH IT. I'LL. UM I'LL COMMENT, UM LIKE MY PEERS HERE. IT IS OUR JOB TO UPHOLD THE SPIRIT OF THE ZONING. AND UM, WHILE THE NEIGHBOR FEEDBACK IS DEFINITELY SOMETHING THAT WE HOLD, DEAR, UM WE DO. ALSO HAVE THE CODE TO ABIDE BY. SO I'LL SAY THAT THAT ALSO IS A FACTOR. IT'S NOT SOLELY ON THIS NEIGHBORS. UM, PERSPECTIVE AND I DO EMPATHIZE.

I UH, RECOGNIZE THAT YOU ARE INTENDED TO DO THE BEST OF THE BEST, AND I ALSO RECOGNIZE HAVING BEEN ON THIS BOARD FOR A YEAR. NOW I THINK THAT YOU KNOW THERE ARE A LOT OF NUANCED CODES IN OUR AREA. UM, BUT I ALSO RESPECT THAT IT IS OR A DESIGNATED REASON. IT'S THE REASON WHY YOU, ALBANY HAS THE BEAUTIFUL BUILT ENVIRONMENT THAT WE HAVE. SO IN THIS ROLE, IT IS OUR JOB TO UPHOLD THE SPIRIT OF THE CODE, AND UNTIL THAT TIME THAT THE CODE CHANGES, UM I WOULD TEND TO AGREE. UM WITH HANS THAT, UM THERE DOES NOT SEEM TO BE PRECEDENT FOR THE ISLANDS. BUT WOULD BE WILLING TO HAVE APPETITE TO CONSIDER THE PLAYGROUND AREA OF SAFETY PURPOSES. IT SOUNDS LIKE THE VARIANCES THAT WERE APPROVED BY THE PLANNING COMMISSION WERE ON THE BASIS OF SAFETY AND, OF COURSE, CHILDREN PLAYING AS A SAFETY CONCERN. THANK YOU. SO LET ME LET ME JUST ASK THE COURT HERE. SORRY. UM IF A NEIGHBOR WERE TO COME BACK WHAT AN IMPACT YOUR DECISION MAKING AT THIS POINT. IS IT WORTH US POSTPONING THIS A MONTH? OR NO, I DON'T BELIEVE IT'S NOT GONNA CHANGE MY OPINION, SO I I'LL I'LL SAY IT'S IT DOESN'T MAKE SENSE FOR ME TO PUSH THIS. OK THANK YOU FOR YOUR TIME, MR REED OR MR HU, AND THEY WANT TO SAY SO DO WE HAVE A MOTION FROM THE VOICE THAT YOU WANNA OH, SORRY. AGAIN THIS IS UNUSUAL SORT OF SITUATION. UM BECAUSE IT IS INSTALLED. UM WOULD THERE BE ANY APPETITE TO MAYBE GIVE THEM LIKE A CERTAIN PERIOD OF TIME TO GET THE ISLANDS IF THAT'S GONNA BE THE ULTIMATE DECISION OF THE BOARD, UM, COULD THEY PUT A CONDITION ON LIKE HAVING IT OUT BECAUSE I THINK THERE'S A JUNE I THINK THAT THE CORRESPONDENCE THEY GOT FROM THE CITY WAS IT HAS TO EITHER GET A VARIANCE OR BUT THERE'S A JUNE DEADLINE OR SOMETHING LIKE THAT. UM I DIDN'T KNOW IF THIS BOARD GIVE THEM A LITTLE MORE TIME TO GET THEIR MONEY TOGETHER TO GET THAT. SO STEVE. HOW HOW DOES THAT WORK? I MEAN, CAN WE? CAN WE, UH, IS THERE A PERIOD IN WHICH THEY START INCURRING PENALTIES FOR THIS OR HOW HOW DOES THAT WORK? AND CAN WE PUSH THAT DATE? SO CURRENTLY I BELIEVE THAT, UH, THE BUILDING HAS WHAT'S CALLED CONDITIONAL OCCUPANCY, SO THAT MEANS THEY ARE PAYING A CONDITIONAL OCCUPANCY FEE EVERY MONTH OR A FEW MONTHS. I BELIEVE IT'S ON A MONTHLY BASIS AND SINCE AND EVEN IF IT'S UH IF IT'S PARTIALLY APPROVED TONIGHT, UM, YOU KNOW, AS AS LONG AS THERE ARE OUTSTANDING CONDITIONS THAT NEED TO BE ADDRESSED, WHETHER IT'S PART OF A

[00:45:01]

CONSTRUCTION OR A VARIANCE. UH, THE CITY WOULDN'T ISSUE FULL OCCUPANCY. UM UNTIL ALL THOSE THINGS ARE ADDRESSED, UH, SO I THINK SORT OF THE MECHANISM FOR THE CITY TO ENSURE THAT THIS VARIANCE IS ADHERED TO, UH I GUESS IN A TIMELY MANNER WOULD BE THAT CONDITIONAL OCCUPANCY, UM, THAT THAT IS IN PLACE NOW. IS THERE? UH, I'M SORRY, IS THERE UM AN EXPLORATION UNCONDITIONAL SO I BELIEVE IT EXPIRES. UH DURING THIS TIME OF YEAR, IT'S IN A MONTH BY MONTH BASIS. I BELIEVE, YOU KNOW, UH, WE TRIED TO GET THEM THE FULL OCCUPANCY WITHIN A YEAR WITH THAT BEING SAID IF I THINK THE BOARD CAN CERTAINLY IF THEY WANT TO PUT A TIME FRAME ON, UM I DON'T KNOW IF THAT WOULD CHANGE THE CONDITIONAL OCCUPANCY. BUT THE BOARD I THINK IN THE PAST HAS CERTAINLY PUT A TIME FRAME WITH WHICH TO ADHERE TO A CERTAIN CONDITIONS AS PART OF A VARIANCE APPROVAL, SO WHAT WOULD WHAT TIMING WOULD BE ACCEPTABLE TO YOU ALL? THEY'RE TALKING ABOUT PLANTING. UM I THINK YOU CAN PLAY WITH THE SPRING AND THE FALL. UH, MAYBE BY AUGUST OR SOMETHING LIKE THAT BE GIVEN A CHANCE TO GET THE SORRY. I THINK THAT I DON'T KNOW. I DON'T KNOW.

AUGUST SEPTEMBER SEPTEMBER, SO IF WE COULD HAVE SEPTEMBER END OF SEPTEMBER, THAT WOULD BE EXCELLENT. BUT IT'S NOT. IT'S NOT CRITICAL. THAT'S JUST A REQUEST. WE CAN. WE'LL WHERE WHERE? YOU KNOW WHERE WE WILL. YOU KNOW, THIS IS THIS IS A PARTNERSHIP, SO WE'RE GOING TO WORK. OK? IS THERE A MOTION? AND 11. WELL I'LL I'LL MOVE TO APPROVE APPLICATIONS VARIANCE 1120 24 WITH THE FOLLOWING CONDITIONS ONE. THE VARIANCE WILL ONLY EXTEND TO THE PLAY AREA. IT WILL NOT EXTEND TO THE ISLANDS. SECOND CONDITION WOULD BE THAT THE ISLANDS. ARE UPDATED WITH PROPER COVERAGE. BY END OF SEPTEMBER. LIKE SEPTEMBER 30TH SEPTEMBER 30TH. THANK YOU. ARE YOU DONE? THANK YOU. THE 1ST AND 2ND ALL RIGHT, UH, MR SHELL? YES. SAMUEL YES, MR JACOB? YES YES, YES. VOTES ON THE MOTION TO APPROVE THE VANCE ON THE CONDITION THAT IT ONLY EXTENDS TO THE PLAY AREA, NOT TO THE ISLANDS AND THAT THE ISLANDS BE UPDATED WITH PROPER COVERAGE BY SEPTEMBER. TH IS THAT CORRECT? MOTION PASSES. THANK YOU. THANKS AND THANK YOU. THANK YOU GUYS.

THANK YOU. THANK YOU. THANK YOU. F. I THINK WE HAVE SOME OTHER BUSINESS. YOU HAVE YOUR

[VII. Other business]

ORGANIZATIONAL MEETING A QUICK QUESTION ON THAT. DO WE KNOW IF KIRK KIRK IS CURRENTLY THE VICE CHAIR VICE CHAIRMAN DID INVADE WITH KIRK LIKE TO CONTINUE THAT WORK. SIX MONTHS, SO I KNOW SO.

WE CAN EITHER VOTE ON IT TONIGHT AND ASSUME HE WANTS TO DO IT, OR WE COULD PUSH IT TO THE NEXT MEETING WHEN EVERYBODY'S GONNA BE HERE AND VOTE. WHATEVER YOU GUYS THINK. OR TAKE CARE OF IT TODAY, MHM. JUST NOMINATE HIM AS THE VICE NOMINATE HIM OR SOMEONE ELSE WANTS IT. OK, SO I'LL SPEAK FOR MYSELF. I'M I'M HAPPY TO RELIEVE MYSELF FROM DUTY. BUT I'M HAPPY TO ALSO STAND. SO IF SOMEONE IS WANTS TO BECOME THE CHAIRMAN. I'M HAPPY TO PASS UP MY SEAT. I'D LIKE TO NOMINATE MR LA MAINTAIN THE HE'S DOING A GREAT JOB AND I SECOND THAT OK? RIGHT NOW. WE'RE HERE TO DO THE REST OF THE BOARD, HUH? RIGHT? YEAH, SO WE'LL DO A VOTE ON THE CHAIR, VICE CHAIR SECRETARY AND THE DATE AND TIME OF REGULAR MEETINGS. WE WANT TO VOTE ON THEM SEPARATELY. OK, LET'S DO WE DO IT ALL AT ONCE, OR CERTAINLY, IF WE'RE CHANGING IT ALL I'D LIKE TO DO THEM INDIVIDUALLY. WE GOT A 1ST AND 2ND TOO TO VOTE SEAN IN 00. I DIDN'T QUITE HEAR THAT. OK SO, UH, IF YOU'LL REPEAT THAT, PLEASE. THE FIRST WAS THAT? UH YES, AND THE SECOND WAS OH, MISTER LA ALL RIGHT, MISS SAMUELS, ABE ABE. OH, MR JACOB JACOB. OK, MR JACOB WAS THE MOVEMENT SECOND, I SECONDED.

MS. SAMUELS MADE THE ORIGINAL MOTION. OK SO YES, MR JACOB. YES, AND TO UH, MR LAJEUNESSE? YES AND MR SHOWER? YES. FOR YES. VOTES TO APPOINT MR AS CHAIR. I HO. I HOPE THAT'S NOT INDICATIVE

[00:50:10]

OF YOUR PERFORMANCES HARD. IT WAS TO GET YOU BACK INTO THAT POSITION. ALL RIGHT, UM I GUESS WE GO WAS CHAIR PERSON. I'M GONNA NOMINATE. UH, MR SMITH. AND THAT UNLESS ONE OF YOU ARE INTERESTED IN THAT I WOULD WELCOME THE OPPORTUNITY TO SERVE AS VICE CHAIR. OK I WILL NOMINATE MR JACOBS. AND YOU SNOOZE YOU LOOSE. I GUESS YOU'RE NOT HERE. REALLY JUST MISS SAMUELS. YES, MR JACOBS. YES, AND SHE I WOULD SAY YES AND I. I AGREE WITH ABE. I JUST FEEL A LITTLE BAD FOR KIRK SINCE HE WASN'T HERE. I. I HAVE, UH, FOUR YES, VOTES TO APPOINT MR JACOB AS VICE CHAIR MOTION PASSES. AND THEN I MOVE TO NOMINATE MISS SAMUELS AS SECRETARY OF THE BOARD. SECOND OH, DID YOU OUT WITH IT? BOOSTER HAS HER SHALL I WAS LOOKING DOWN? THANK YOU, MISS YES? OH, WAIT THE MOTION. THAT WAS MISTER JACOBS. YEAH IT IS. AND, UM, MR LAJES, SECOND UH, MR SHELL? YES AND THE SAMUELS? YES THANK YOU. YES, GOOD POINT AS SECRETARY. AND TIMING 630 STILL, I MEAN, WE TRIED IT OUT. YEAH WORKS FOR EVERYONE. STAFF YOU GUYS ARE GOOD AND WORKING WELL, FOURTH MONDAY OF THE MONTH, OK? SOUNDS GREAT. GOOD SO WE CAN JUST KEEP THAT WE DON'T HAVE TO DO THE MOTION ON THAT. BUT YOU SAY THAT WE'RE KEEPING IT. SAYING AND THEN AS WE DO ANNUALLY AND AS YOU'VE NOTICED ON YOUR AGENDAS, UH, WE REPEAT THE ATTENDANCE REQUIREMENTS. I'M GONNA READ IT OUT FOR THE RECORD, BECAUSE THAT'S WHAT I DO WITH MY BOARDS.

UH, ATTENDANCE IS DEFINED AS IN PERSON PRESENCE DURING THE HEARING AND CONSIDERATION OF APPLICATIONS WITHOUT A CONFLICT OF INTEREST BEFORE THAT COMMISSIONER BOARD AT THAT MEETING ATTENDANCE OF ALL CURRENT SERVING MEMBERS OF THE COMMISSION OR BOARD IS ENCOURAGED AND THREE CONSECUTIVE ABSENCES BY ANY MEMBER OR FOR ABSENCES IN ANY 12 MONTH PERIOD.

SHA CONSIDERED A FORFEITURE OF THE MEMBERSHIP TO THE COMMISSION BOARD. THE FORFEITURE WOULD OCCUR REGARDLESS OF REASONS FOR ABSENCES. THE APPLICABLE DEPARTMENT DESIGNEE WOULD THEN NOTIFY THE CLERK OF COUNSEL SO THAT THEY CAN INFORM COUNSEL THAT A NEW APPOINTMENT NEEDS TO BE MADE. AND THAT IS THE ATTENDANCE POLICY. THANK YOU. YEAH. I'M SUPPOSED TO PULL MEMBERS FOR A COMMENT. THEY COME HOW EVERYTHING'S GOING. NO COMMENT. NO COMMENT. OK? UM MOVE TO ADJOURN THE MEETING FOR THIS EVENING. AND IS THERE A SECOND? OK, SHE AND I UNDERSTAND YOU DO REAL. COPY THIS, MR LAJEUNESSE? YES MR SHELL? YES MS SAMUELS? YES MR JACOB? YES, FOR GUEST VOTES TO ADJOURN. WE ARE ADJOURNING AT 7:23 P.M. BEAU

* This transcript was compiled from uncorrected Closed Captioning.

I. Call to order

Mar 25, 2024 Board Of Zoning Appeals

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