[I. Call to order ]
[00:00:09]
WELCOME, EVERYBODY, TO THE AUGUST 25TH NEW ALBANY BOARD OF ZONING APPEALS MEETING. WELCOME TO THE BOARD. MR. SHULL. PRESENT. FIRST ITEM ON THE CALL. KIRK, CAN WE HAVE THE CALL, MR. PRESIDENT? MR. JACOBS. PRESENT, MISS SAMUELS. PRESENT. MR. SHELL PRESENT. MR. WOOD.
PRESENT. COUNCIL MEMBER SHELL. HERE. ALL VOTING MEMBERS ARE PRESENT. WE HAVE A QUORUM. OKAY.
[III. Action on minutes]
THANK YOU. SECOND ITEM ON THE AGENDA IS ANY ACTIONS ON THE MINUTES FROM OUR MEETING ON JULY 28TH, 2025. AND THEN CORRECTIONS OR UPDATES. NONE HERE. MR. CHAIRMAN, I MOVE TO ACCEPT THE MINUTES OF THE JULY 28TH, 2025 BOARD OF ZONING APPEALS MEETING. SECOND. MR. JACOBS? YES, MISS. SAMUELS? YES, MR. WOOD? YES. MR. YES. MR. SHELL. YES. THE AYES HAVE IT.MOTION PASSES. THEY'RE ALL VOTES TO APPROVE THE MINUTES AS SUBMITTED. THANK YOU. ALL RIGHT.
[IV. Additions or corrections to the agenda]
THE NEXT ITEM ON OUR AGENDA IS ANY ADDITIONS OR CORRECTIONS TO THE AGENDA FOR TONIGHT? NONE.OKAY. THANK YOU. DO WE HAVE ANY APPLICANTS OR FOLKS IN THE AUDIENCE WHO WISH TO SPEAK TONIGHT? OR TO SWEAR YOU IN? IF YOU'RE WILLING, IF YOU'RE WILLING TO SPEAK TONIGHT, YOU STAND UP, RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? OKAY.
[VI. Cases]
THANK YOU. OKAY. WE HAVE TWO CASES TONIGHT. THE FIRST ONE IS VARIANCE 62 025 PAVEMENT SETBACK. VARIANCE, VARIANCE TO BUSINESS AND COMMERCE. LGI ZONES. TECH SECTION. THREE B2 AND SECTION THREE B5. TO REDUCE THE REQUIRED PAVEMENT SETBACKS FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE BEACH ROAD AND MILLER ROAD INTERSECTION. STAFF REPORT PLEASE. YEAH. GOOD EVENING, BOARD MEMBERS. SO THIS VARIANCE IS FOR THE APPLICATION TO REDUCE PAVEMENT SETBACK ALONG BEACH ROAD AND AT THE EASTERN PROPERTY LINE WHICH IS TECHNICALLY WHICH IS THE REAR PROPERTY LINE. SO THIS IS THE SITE HIGHLIGHTED IN RED EAST OF BEACH ROAD. AND THIS THE PROPERTY IS SURROUNDED BY ONGOING DEVELOPMENT OF DATA CENTERS. SO HERE'S THE PROPOSED SITE PLAN. THE PROPOSED USE IS INTENDED FOR SPECULATIVE MANUFACTURING AND DISTRIBUTION FACILITY. THE A ON THE SITE PLAN INDICATES VARIANCE A, WHICH IS THE PROPOSED SETBACK ALONG BEACH ROAD, WHICH IS BEING REQUESTED TO BE REDUCED TO 149FT. THE REDUCED SETBACK IS ONLY IS PROPOSED TO BE UTILIZED FOR A DRIVE LANE AND ADDITIONAL PARKING FOR THE SITE, AND THE APPLICANT HAS STATED THAT THE BUILDING WILL STILL ADHERE TO THE 185 FOOT SETBACK. THE B INDICATES VARIANCE B, WHICH IS AT THE REAR YARD OR EASTERN PROPERTY LINE, WHICH WILL BE WHICH WILL BE REDUCED TO 15FT. THIS WILL ALLOW THE APPLICANT TO UTILIZE TRAILER PARKING FOR THE SITE AT THE REAR. THE SITE ALSO HAS AN 100 FOOT OVERHEAD ELECTRIC EASEMENT THAT YOU CAN SEE IN YELLOW. WHICH RUNS EAST TO WEST AT AN ANGLE ON THE NORTH SIDE OF THE PROPERTY, AND STAFF IS AWARE THAT THE PLAN IS IS A CONCEPT AND THE PROPOSED BASINS DO NOT MEET CODE. HOWEVER, THE APPLICANT HAS CONFIRMED WITH STAFF THAT THESE DESIGNS WILL CHANGE AND WILL BE MET IN THE FUTURE. SO IN SUMMARY, THE OWNER AND APPLICANT DID NOT CREATE THE LOT CONFIGURATION THROUGH SPLITTING THE LOTS. THE 100 FOOT UTILITY EASEMENT RUNS THROUGH THE NORTHERN PORTION OF THE LOT, LIMITING BUILDABLE AREA FOR STRUCTURES. THE PROPOSED USE ALIGNS WITH THE DEVELOPMENT TEXT AND FULFILLS THE NEED FOR MANUFACTURING DISTRIBUTION WITHIN THE BUSINESS PARK. AND ALL THOSE STAFF IS AWARE THAT THE STORMWATER REQUIREMENT IS CURRENTLY NOT MET. THIS DESIGN APPLICANT HAS CONFIRMED WITH STAFF THAT CHANGES WILL BE MADE TO THE STORMWATER DESIGN AND WILL MEET THE REQUIREMENTS IN THE FUTURE, AND SHOULD THE BOARD APPROVE THE VARIANCE, STAFF RECOMMENDS THE FOLLOWING CONDITIONS. CONDITION ONE THE BEACH ROAD NORTH LANDSCAPE AND DESIGN GUIDELINES ARE MET, AND TWO THE ZONING CODE SECTION 1171 .08 WET AND DRY STORMWATER BASINS ARE MET AND THE APPLICANT IS HERE AND I'M HERE FOR QUESTIONS. ALL RIGHT. THANK YOU. IS THERE A MOTION TO ACCEPT THE STAFF REPORT AND TO RECORD? MOTION TO ACCEPT. OKAY,[00:05:06]
I'LL SECOND THAT. MR. WOOD. YES, MISTER? YES, MISS. SAMUEL? YES. MR. YES. MR. JACOB. YES, YES.MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. THANK YOU. ANY QUESTIONS FOR STAFF? FOR THE BOARD. OKAY. WOULD THE APPLICANT LIKE TO SPEAK? AND, ERIC, IF YOU COULD JUST STATE YOUR NAME? THANKS. PUBLIC HEARING. PRESENTATION HERE. I DON'T THINK THAT SPEAKERS ARE.
PLEASED TO BE HERE TONIGHT TO ASK FOR THIS. VARIANCE BEACH ACCESS, LLC IS THE APPLICANT, AND THEY ARE AN AFFILIATE OF PANATTONI DEVELOPMENT COMPANY, WHO IS ONE OF THE LARGEST PRIVATE DEVELOPERS OF INDUSTRIAL SPACE IN THE WORLD. THIS IS A SITE THAT WAS ACTUALLY OWNED BY AMAZON DATA SERVICES, WHO OWNS A LOT OF PROPERTY AROUND THE CAMPUS. AND THE INTENT HERE IS TO BUILD A BUILDING THAT IS BASED ON A TENANT THAT WE DO. THE CLIENT DOES HAVE THE APPLICANT DOES HAVE A CONTRACT FOR A LEASE. AND SO PANTONI AND ITS AFFILIATE WILL BE THE OWNER AND WILL LEASE THIS, AS IS THEIR BUSINESS MODEL TO AN END USER.
UNFORTUNATELY, I CAN'T TELL YOU WHO THE END USER IS TONIGHT DUE TO ECONOMIC DEVELOPMENT REASONS, BUT IT IS A RECOGNIZABLE NAME, A BIG NAME, AND THIS VARIANCE IS NECESSARY AND PRETTY SHORT ORDER IN ORDER TO MAKE SURE THAT THOSE JOBS AND THAT INVESTMENT COMES ALONG WITH IT.
IN TOTAL, THIS WILL BE AN INVESTMENT BY THE APPLICANT OF ABOUT $33 MILLION BETWEEN THE LAND ACQUISITION AND THE VERTICAL IMPROVEMENTS. AS I MENTIONED, AMAZON DATA SERVICES WAS THE PREVIOUS OWNER. THEY SOLD THIS SITE TO MY CLIENT IN JUNE OF THIS YEAR. THE REASON FOR THAT SALE, AND THIS IS IMPORTANT TO HOW WE KIND OF GOT HERE WITH THIS PARCEL CONFIGURATION, WAS THAT THERE ARE SOME OHIO EPA REQUIREMENTS WITH RESPECT TO AIR QUALITY CONTROLS FOR DATA CENTERS. AND IT WAS DETERMINED THAT THIS LITTLE PIECE WAS KIND OF TIPPING THEM OVER THE EDGE. THAT IS AMAZON IN TERMS OF BEING ABLE TO GET THOSE APPROVALS FOR THE BALANCE OF THEIR CAMPUS. AND SO THIS SITE REALLY ONLY LENDS ITSELF TO BEING DEVELOPED WITH THE OTHER USES THAT ARE PERMITTED IN THE LGI ZONE. AND IT APPLIES. THOSE WOULD INCLUDE GENERALLY OFFICE AND THEN THE USES THAT WE'RE PROPOSING HERE TONIGHT, WE OBVIOUSLY KNOW THAT NOT A LOT OF OFFICES ARE BEING BUILT THESE DAYS. SO YOU KNOW THAT THAT LED US TO TO THIS CONCLUSION. THIS WOULD BE THE USE, YOU KNOW, THIS THIS PARTICULAR BUILDING IS PRETTY PROTOTYPICAL FOR THE END USER. AND THEY HAVE A LONG STANDING RELATIONSHIP WITH THIS APPLICANT. BUT WHEN WE GOT INTO DUE DILIGENCE AND STARTED TO REALLY PLAN FOR THIS SITE, THIS OVERHEAD ELECTRIC EASEMENT THAT'S SHOWN HERE IN GENERAL KIND OF CUTS OFF THAT PORTION OF THE SITE ON WHAT IS THE NORTH AND THAT GRAY AREA. THERE ESSENTIALLY IS LARGELY WELL, IT IS UNBUILDABLE IN TERMS OF UNDER THE ELECTRIC TRANSMISSION LINES. NO, NO BUILDINGS ARE PERMITTED FOR OBVIOUS REASONS. AND THEN IT REALLY MAKES THE AREA AROUND IT IN GRAY, PRETTY MUCH IF YOU WANT TO HAVE ONE CONTINUOUS BUILDING HERE, WHICH IS TYPICAL OF THESE SORTS OF USES, YOU'RE NOT ABLE TO TO BUILD IN THAT AREA. SO WE'VE GOT ALMOST SIX ACRES OUT OF 24 THAT CAN'T BE DEVELOPED WITH WITH THE BUILDING OF THIS MAGNITUDE OF NATURE. AND SO WHAT WE STARTED TO LOOK AT WAS, YOU KNOW, KIND OF SQUEEZING IT NORTH, SOUTH. AND, AND THEN THAT LED TO NEEDING SOME PAVEMENT SETBACK RELIEF, WHICH WE'RE ASKING FOR TONIGHT. THIS IS THE ELECTRIC EASEMENT AND THE LINES THAT EXIST. SO YOU CAN SEE THEY'RE PRETTY SUBSTANTIAL AND SIGNIFICANT. THIS IS LOOKING SOUTHWARD FROM MILLER ROAD. TO PUT THIS SITE IN CONTEXT, YOU CAN SEE AMAZON OWNS ON BOTH SIDES OF US. AND THEY OWN SUBSTANTIAL ACREAGE. AND EVEN TO THE SOUTH. THERE ARE A COUPLE OF OTHER DATA THAT ARE EITHER WE KNOW WILL BE HOPEFULLY IN THE FUTURE. DATA CENTER CAMPUSES ARE OWNED BY DATA CENTER USERS, AND THOSE ARE SITES THAT HAVE, YOU KNOW, IN SOME CASES HUNDREDS OF ACRES OR AT LEAST MORE THAN 100 IN MANY INSTANCES, AND THEREFORE HAVE THE ABILITY TO ACCOMMODATE
[00:10:05]
LARGER BUILDINGS WITH WHILE MEETING THE SETBACK REQUIREMENT FOR THE PAVEMENT. SO WE ENDED UP WITH A ASKING FOR A PAVEMENT SETBACK FROM THE CENTER LINE OF BEACH ROAD DOWN TO 39FT OF AN ENCROACHMENT INTO THAT SETBACK WITH THE PAVEMENT. WE ALSO, IN ORDER TO TRY TO MINIMIZE THAT VARIANCE, WE WE'RE ASKING FOR THE VARIANCE ON THE REAR BY PUSHING THE BUILDING BACK TOWARD THE REAR TEN MORE FEET INTO THAT REQUIRED SETBACK, THAT OBVIOUSLY MINIMIZED A BIT.THE SETBACK FROM BEACH ROAD OR THE ENCROACHMENT INTO THE SETBACK ON BEACH ROAD. IT WAS I THINK THE STAFF REPORT DID A GOOD JOB OF DEMONSTRATING SOME OTHER PRECEDENT FOR THE VARIANCES IN THE AREA. IT'S WORTH NOTING, AS YOU GO SOUTH OF JUG STREET, A LOT OF THOSE SETBACKS ARE ANYWHERE FROM 50 TO 100FT FROM THE CENTER LINE. AND SO THIS EXCEEDS THOSE SETBACKS AS YOU AS YOU MOVE FURTHER SOUTH, WHERE, INCIDENTALLY, THERE'S A LOT MORE TRAFFIC. YEAH, I WANTED TO DEMONSTRATE ALSO KIND OF THE PARCEL LINES IN A LITTLE MORE DETAIL ON THE LEFT THERE YOU CAN SEE THAT WE HAVE ABOUT 600 FOOT OF DEPTH FROM THE EDGE OF OUR PROPERTY LINE ON THE WEST ALONG BEACH ROAD. IF YOU LOOK AT SOME OF THE OTHER PARCELS, YOU CAN SEE THEY'RE EITHER CONFIGURED DIFFERENTLY OR THEY DON'T HAVE THE SAME PARCEL LINE AS WE DO. THE LONE EXCEPTION BEING HERE TO THE NORTH. AND THE ONLY REASON I THINK THAT THAT REALLY ISN'T THE SAME SITUATION AS HERE IS THIS IS ALL OWNED BY AMAZON, AND THEREFORE IT COULD BE COMBINED AT ANY TIME AND YOU COULD BUILD OVER THAT LINE ESSENTIALLY. SO BETWEEN THE RECTANGULAR SHAPE OF THE PARCEL, THE HIGH VOLTAGE LINES, THE DIFFERENCE IN SIZES OF OF THE PARCELS AROUND US. AND WHAT WE HAVE HERE, WE THINK THAT THE VARIANCES ARE JUSTIFIED. AND THEY GO TO SOME DETAIL WITH ALL OF THE FACTORS TO BE WEIGHED WHEN CONSIDERING THE VARIANCE, AND I'LL LEAVE THAT IN THE RECORD AND FOR YOUR CONSIDERATION. AND WITH THAT, I'D BE HAPPY TO TAKE ANY QUESTIONS. I ALSO HAVE REPRESENTATIVES OF THE APPLICANT HERE. THEY NEED TO ANSWER OPERATIONAL QUESTIONS. THANK YOU, THANK YOU. YEAH. SO JUST A QUESTION FOR STAFF. THE SURROUNDING LAND LOOKS LIKE IT'S STILL OWNED BY AMAZON.
CORRECT. SO THEY AND THEY SOLD THE LOT. SO CLEARLY THEY HAVE NO ISSUE WITH WITH THE VARIANCE.
YEAH. CORRECT I MEAN WE HAVEN'T GOTTEN ANY LIKE ANY RESPONSE BACK FROM THE APPLICANT, BUT I MEAN YEAH MR. UNDERHILL SO TWO QUESTIONS. IF I HEARD CORRECTLY DURING THE STAFF REPORT, SOME OF THE PAVEMENT IS NEEDED FOR ADDITIONAL PARKING. IS IS WHAT YOU'RE WHAT WOULD BE ALLOWED OVERLY RESTRICTIVE. WHAT WHAT SCOPE ARE WE LOOKING AT FOR THE NEED FOR THIS ADDITIONAL PARKING? WELL, I THINK IF YOU LOOK AT HOW THESE BUILDINGS OPERATE AND THE SHEER LENGTH OF THEM, HAVING THE PARKING IN THE FRONT IS IMPORTANT TO HAVE, YOU KNOW, PLACES WHERE THE WORKERS CAN COME AND GO AND NOT HAVE TO WALK THIS LONG DISTANCE, YOU KNOW, ACRES UPON ACRES. SO THAT'S ONE OF THE REASONS WE WE NEEDED THAT. THE OTHER THING IS WITH THE THE TRAILER PARKING AND BAYS HERE, THOSE OBVIOUSLY HAVE SOME, YOU KNOW, THESE ARE THE BAYS BACK HERE. WE WANTED TO MAKE SURE THAT WAS NOT FACING THE ROADWAY, WHICH WOULD BE VERY ATYPICAL IN NEW ALBANY.
BUT IN ORDER TO DO THAT, YOU'VE GOT TO MAKE SURE YOU'VE GOT A PLACE TO STORE TRAILERS, BUT ALSO FOR MANEUVERABILITY HERE FOR LOADING AND UNLOADING THOSE, THOSE BAYS. SO THAT'S KIND OF WHAT WAS DRIVING THIS. OKAY, SECOND QUESTION. AND I'M NOT SUGGESTING OR IMPLYING THAT THESE CONDITIONS SHOULD BE INCLUDED, BUT JUST FOR THE SAKE OF ASKING THE CONDITIONS THAT STAFF LISTED AS POSSIBLE ADDITIONS, HAVE THOSE BEEN DISCUSSED AND IS THE APPLICANT AGREEABLE? YES, WE AGREE TO THOSE CONDITIONS. IT'S WORTH. I'M GLAD YOU MENTIONED THAT, BECAUSE THE PLAN WE PUT TOGETHER WAS MORE OF A SITE CAPACITY STUDY TO DEMONSTRATE THAT WE COULD FIT THE PARKING AND THE BUILDING ON THERE. WE UNDERSTAND THERE, YOU KNOW, WE'RE NOT COMMITTING TO THIS, NOR SUGGESTING TO YOU THAT THIS IS WHAT IT'S GOING TO BE IN TERMS OF THE DESIGN OF THE LANDSCAPING AND THE PONDS. AND WE RECOGNIZE THAT STAFF HAS BEEN VERY CLEAR THAT WE NEED TO MEET THOSE UNDERLYING STANDARDS. SO NO VARIANCES FROM THOSE REQUIREMENTS. SO I HAVE A QUESTION. SO THIS IS A CONCEPTUAL SITE PLAN FROM THE STANDPOINT OF OF THE THE POND DESIGNS AND THE LAND WHERE LANDSCAPING IS JUST GENERALLY ILLUSTRATED IN THE FRONT. THERE'S REALLY NOTHING THERE LANDSCAPING WISE. BUT WE WILL
[00:15:03]
NEED TO REDESIGN THE PONDS ESPECIALLY, AND THEN MAKE SURE THAT WE'VE GOT THE BERM AND LANDSCAPING THAT IS REQUIRED FROM THE BEACH. I'M JUST LOOKING AT THIS PICTURE RIGHT HERE. IT SHOWS JUST THE BUILDING DOESN'T SHOW ANY LANDSCAPING. AND IT SAYS THE CONCEPTUAL PLAN. SO WHAT WHAT WHAT ARE WE VOTING ON HERE IF THIS IS CONCEPTUAL. SO YOU'RE VOTING ON THE BUILDING AS IT, AS IT'S SHOWN IN THE PARKING UNDERSTANDING WITH THE CAVEAT THAT LANDSCAPING NEEDS TO BE COME INTO COMPLIANCE WITH CODE, AS DO THE ENGINEERING FOR THE PONDS. SO THE BUILDING AND THE PARKING, THAT'S A WHOLE SEPARATE ISSUE THAT THE LAST THING IS YOU'RE GOING TO ABIDE BY THE CODES THAT GOVERN THE THE LANDSCAPING AND STUFF. SO WHAT YOU'RE REALLY VOTING ON ARE THE PLACEMENT OF THE BUILDING AND THE PARKING AND PAVEMENT. SO ON THIS PICTURE, WHERE'S THE VARIANCE REQUIRED FOR THE BUILDING? LET'S START WITH THAT. FOR THE BUILDING. YEAH. THERE IS NO BUILDING SETBACK VARIANCE OKAY. JUST PAVEMENT. JUST PAVEMENT PAVEMENT. AND THAT'S FOR THE PAVEMENT BEING 39 FOOT CLOSER OR 30 ENCROACHING 39FT INTO 185 FOOT SETBACK FROM THE CENTER LINE OF THE RIGHT OF WAY FOR THAT IS THAT 39 OR 49 4949 OKAY. SORRY. 49 AND THEN IN THE REAR. WE'RE IT'S A 25 FOOT REAR YARD SETBACK FOR PAVEMENT, AND WE'RE ASKING FOR 15FT. SO WE'D BE ENCROACHING TEN FOOT INTO THAT REAR YARD. AND AND IS THAT WHAT IS THAT NORTH. WHAT IS THAT WEST. WHAT IS THAT NORTH IS ACTUALLY VERTICAL ON YOUR SCREEN. THAT'S EAST AND THAT'S WEST. IS THERE A VARIANCE REQUEST FOR THE BOX ABOVE THERE WITH THE POWER LINES GO ACROSS. WE ASK FOR THAT. WELL THAT NO THERE IS THAT ALL IS COMPLIANT WITH CODE. THE INTENT HERE WAS TO DEMONSTRATE THAT THIS EASEMENT WAS IN PLACE AND THAT WE WE CAN'T PUT A PLACE A STRUCTURE UNDER THERE AND THEN IT ALSO THIS BOX HERE REALLY MADE IT SOMEWHAT IMPOSSIBLE TO BUILD A BUILDING ANY FURTHER NORTH THAN WE PLACED IT. SO THE ONLY VARIANCES ARE ON THIS SIDE AND ON THIS SIDE FOR PAVEMENT.NOT HAS THERE BEEN PRECEDENTS FOR THIS IN ANY OTHER BUILDINGS. YEAH, THERE HAVE BEEN PAVEMENT SETBACK REQUESTS APPROVED BY BOTH THE PLANNING COMMISSION IN THE PAST. HOW MANY EMPLOYEES? MY NAME IS CARLA. I'M WITH DEVELOPMENT COMPANY. GAVE THE ADDRESS OR 3972 BEACH ROAD NORTHWEST JOHNSTOWN, OHIO, 179 JOBS, APPROXIMATELY. SO THAT THAT SHOWS A LANDSCAPE BERM.
IT'S IT'S SHOWN, BUT IT'S NOT CLEAR. WHERE DO I SEE THAT? YEAH. THIS IS LIKE ALONG HERE.
RIGHT HERE. YEP. OKAY. IT'S A EIGHT FOOT TALL BURN WITH TREES AND FENCE. SO THE VARIANCE THAT WE'RE ASKING FOR 49FT, THERE IS 185FT FROM THE MIDDLE OF THE ROAD TO THE FACE OF THE WALL OF THE BUILDING. SO THE VARIANCE REQUEST IS FOR THE PAVEMENT. WE WANT TO INCLUDE ONE ROW OF PARKING FOR 19 FOOT AND THREE FOOT OF LANDSCAPE BUFFER FROM THE FACE OF THE WALL, AND A FIVE FOOT SIDEWALK FOR EMPLOYEES TO WALK ON. AND THEN THE ONE ROW OF 19 FOOT STALLS OF THE CAR PARKING, AND THEN 22FT OF DRY. WHILE THAT IS REQUIRED BY THE CITY, SO THAT TOTAL IS 49FT, AND WE WILL STILL HAVE THE LANDSCAPE PER THE CODE. AND WE ALSO HAVE A RETENTION PONDS ALREADY DESIGNED. SO WE DO HAVE MUCH PROGRESS IN THE DESIGN. AND WE ARE ACCOUNTING FOR LANDSCAPE AND STORMWATER DESIGN. SO THAT COVERS THIS SIDE RIGHT HERE.
THIS SIDE HERE IS FOR THE TRACTORS. YEAH. SO WHEN YOU HAVE THE 53 FOOT SEMI TRAILERS THEY NEED 135FT OF TURN RADIUS TO COME IN AND BACK INTO THE DOCKS. SO THAT RIGHT THERE IS 60 FOOT OF DOCK SPACE, 75 FOOT OF ASPHALT PAVING, AND THEN IT HAS 55 FOOT OF TRAILER PARKING.
SO THAT'S THE MINIMUM THAT IS REQUIRED FOR A SEMI TO COME IN AND PULL IN AND PULL OUT. AND WHERE WOULD THE RETENTION PONDS BE. SO THERE IS A RETENTION POND THAT WE DESIGNED THAT'S GOING TO BE HERE. SO THIS BUILDING IS GOING TO GO ALMOST UP TO THE LINE OF THE EASEMENT.
AND THEN THERE IS GOING TO BE RETENTION PONDS HERE. THE WAY THE THE SITE FLOWS, HALF OF THE RETENTION POND, HALF OF THE FLOW SOUTH OF IT IS GOING TO GO TO THE SOUTH POND, AND THEN THE NORTH HALF IS GOING TO GO ON THE NORTH PONDS. SO THERE'S NO STORMWATER BASIN REQUIREMENT ON THE TO THE LEFT. SO WHAT DO YOU SAY. THAT'S THE WEST SIDE WHERE THE NO YOU'RE NOT GOING TO
[00:20:04]
REQUESTED. SO WE ACTUALLY HAVE A 35 FOOT EASEMENT HERE FOR THE UTILITIES. AND THEN WE HAVE A 50 FOOT RIGHT OF WAY FROM THE CENTER OF THE ROAD. SO THAT'S 85FT IN. WE CAN'T BUILD ANYTHING. AND IT'S PART OF THE SETBACK REQUIREMENT. AND BECAUSE I JUST WANT TO BEFORE WE'RE CONSIDERING THE VARIANCE, I WANT TO MAKE SURE WE'RE NOT SETTING YOU UP FOR FAILURE. WE WORKED TOGETHER. YEAH. YEAH. SO IT IS IN STAFF. IT'S FEASIBLE FOR THEM TO MEET THE STORMWATER AND GUIDELINES WITH THE WHAT'S WRITTEN. OKAY. WE CAN OKAY. YEAH OKAY. ANY OTHER QUESTIONS FOLKS. OKAY. IS THERE A MOTION TO ACCEPT THIS VARIANCE? I'LL MOVE TO APPROVE APPLICATION PR 60 2025 WITH THE TWO CONDITIONS LISTED IN THE STAFF REPORT, ONE BEING THE BEACH ROAD NORTH LANDSCAPING DESIGN GUIDELINES ARE MET. SECOND, ZONING CODE SECTION 1171 .08 WET AND DRY STORMWATER BASINS ARE MET SECOND. MR. SHELL YES. MR. MR. JACOBS YES. MISS. SAMUELS YES.WITH NO NOTING THE THE PRECEDENT THAT IS LISTED HERE, AS WELL AS THE CONFIGURATION, THE UNIQUE CONFIGURATION OF THE PARCEL AND THE ELECTRICAL EASEMENT AS FACTORS. MR. WOOD? YES. MR. YES, YES, THE MOTION PASSES. CONGRATULATIONS, GUYS. THANK YOU. ALL THOSE IN FAVOR, THANKS FOR BRINGING MORE JOBS. YEAH. OKAY. LET'S MOVE ON TO OUR SECOND CASE OF THE NIGHT.
LET'S SEE VARIANCE. HOLD ON A SECOND. IT'S VARIANCE 61 2025. HOT TUB VARIANCE. VARIANCE TO 1998 ECHO. SEE ZONING TEXT SECTION 3A05B TO ALLOW A HOT TUB TO BE CONSTRUCTED ABOVE GROUND AND ELIMINATE THE FENCING REQUIREMENT. 7116 TUMBLE BROOK DRIVE APPLICANT JOSEPH ERB OF STAFF REPORT, PLEASE. ABSOLUTELY. SO THIS IS A VARIANCE REQUEST TO ALLOW HOT TUB TO BE ABOVE GROUND AND TO BE SCREENED BY LANDSCAPING IN LIEU OF FENCING REQUIREMENTS.
THE AREA ZONING TEXT REQUIRES ALL SWIMMING POOLS AND SPAS TO BE COMPLETELY ENCLOSED BY FENCING AND TO BE IN-GROUND CONSTRUCTION. SO THIS IS 7116 TUMBLE BROOK DRIVE. IT IS A 0.23 ACRE SITE LOCATED IN HAMPSTEAD VILLAGE, AND THE PHOTO ON THE LEFT HERE IS ANOTHER IMAGE OF THE BACKYARD WHERE THE LANDSCAPING IS MORE VISIBLE AND THE PLAN ON THE RIGHT SHOWS THE PROPOSED ADDITIONAL LANDSCAPING. THE HOT TUB IS PROPOSED TO BE LOCATED UNDERNEATH THE PERGOLA, WHICH IS SHOWN RIGHT HERE. WHEN THE EXISTING AND PROPOSED LANDSCAPING ARE ADDED TOGETHER, IT APPEARS THAT THE HOT TUB WILL BE FULLY SCREENED FROM NEIGHBORING PROPERTIES. AGAIN. VARIANCE A IS TO ALLOW THE HOT TUB TO BE ABOVE GROUND. THE EXISTING AND PROPOSED LANDSCAPING WILL HELP PRESERVE THE CHARACTER OF THE NEIGHBORHOOD AND THE SPIRIT AND INTENT OF THE ZONING REQUIREMENT, WHICH IS TO MINIMIZE THE VISUAL IMPACT OF POOLS AND SPAS ON ADJACENT PROPERTIES. ALSO, THE ZONING CODE FOR POOLS AND SPAS DOES NOT REQUIRE IN-GROUND CONSTRUCTION, SO IT WOULD BE IN LINE WITH BASE CODE. IN THIS REGARD, VARIANCE B IS TO ELIMINATE FENCING REQUIREMENTS, AND THE APPLICANT PROPOSES LANDSCAPING IN LIEU OF A FENCE. THERE IS VERY LITTLE PRECEDENT FOR VARIANCES TO HOT TUBS, THOUGH THERE IS AN EXTENSIVE HISTORY OF FENCE VARIANCES FOR POOLS WHICH IS INCLUDED IN THE STAFF REPORT. THE HOT TUB MEETS ALL OTHER REGULATIONS FOR.
ASIDE FROM THESE VARIANCES, INCLUDING BEING IN THE REAR YARD, IN THE BUILDING LINE OF SIGHT AND BEING SCREENED. LET ME KNOW IF YOU HAVE ANY QUESTIONS. I DO HAVE A QUESTION.
IF THE BASE COAT FOR VARIANCE A IF THE BASE CODE DOES NOT REQUIRE IN-GROUND CONSTRUCTION OF THE HOT TUB, THEN WHY DOES THAT HAVE TO BE A VARIANCE FOR IT TO BE CONSTRUCTED ABOVE GROUND? BECAUSE THE ZONING TEXT OVERLAY IN THIS AREA PROVIDES ADDITIONAL REQUIREMENTS. IN ONE OF THOSE IS TO HAVE ALL POOLS AND SPAS BE IN-GROUND. OKAY. THANK YOU. IS THERE A MOTION TO
[00:25:03]
ACCEPT STAFF REPORT INTO THE RECORD. SO MOVED. SECOND. IS THAT MR. WOOD OR MR. YES. MR. WOOD THANK YOU, MR. JACOB. YES. MR. WOOD YES. MR. YES. MR. CHAIRMAN. YES. MISS. SAMUELS YES, YES. MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. THANK YOU. ANY QUESTIONS FOR STAFF FOLKS? SORRY, I WAS VERY EAGER WITH THAT. OKAY. I HAVE ONE QUESTION FOR STAFF ON THE ZONING TEXT THAT WE HAVE FOR POOLS AND SPAS, BECAUSE THIS IS THE FIRST TIME I'VE SEEN A FENCE REQUIREMENT FOR A HOT TUB ABOVE GROUND, IT'S MY UNDERSTANDING THAT THE THE ZONING TEXT, WHEN THEY TALK ABOUT ALL SWIMMING POOLS SLASH SPAS, I ALWAYS FELT AND THIS COULD BE, I MEAN, A GRAY AREA, BUT I ALWAYS FELT THIS WAS THOSE SWIMMING POOLS THAT ALSO INCLUDE SPAS THAT ARE PART OF THE SWIMMING POOL. IS THAT MY UNDERSTAND? IS MY UNDERSTANDING THAT CORRECT? AND THIS HOT TUB IS KIND OF SOMETHING A LITTLE BIT DIFFERENT THAN WHAT OUR ZONING TEXT HAS STATED? YEAH. WE, IN CONSULTATION WITH BEN ALBRECHT, THE CITY LAW DIRECTOR, WE DETERMINED THAT IT WOULD INCLUDE DUE TO THE LANGUAGE OF THE TEXT, IT INCLUDES ALL SPAS AND ALL POOLS, REGARDLESS OF HOW THEY'RE CONSTRUCTED, WHEN THEY'RE CONSTRUCTED, IF THEY'RE TOGETHER, IF THEY'RE BUILT WITH PART OF THE HOUSE. BUT IT IS A GRAY AREA THAT OVER TIME HAS BEEN A LITTLE CONFUSING. YEAH, I THINK THEN WHAT I WOULD SUGGEST EVEN BEFORE WE THIS IS SOMETHING SEPARATE THAT MAYBE WE THINK ABOUT REWORDING THAT ZONING TEXT TO SET ASIDE HOT TUBS THAT ARE STANDALONE, KIND OF ON A SEPARATE TEXT FOR THEM, I THINK WOULD PROBABLY MAKE SENSE BECAUSE I GET THIS 100% SHOULD HAVE A FENCE AND THE WHOLE THING. BUT I JUST FOR MY OWN CLARIFICATION, I WANTED TO SEE IF THAT WAS OKAY. THANKS. I KNOW YOU MENTIONED LITTLE PRECEDENT. HAVE HAVE WE EVER APPROVED AN ABOVE GROUND HOT TUB? YES. WHEN THERE HAVE BEEN ZONING REGULATIONS IN PUDS, THEY THERE ARE A FEW THAT HAVE VERY SIMILAR, IF NOT EXACT ZONING TEXT AS THIS. LET ME FIND THAT REAL QUICK. IT WAS IN THE STAFF REPORT, I BELIEVE, ON THE THIRD PAGE IN 2020, THERE WAS ONE THAT WAS APPROVED WITH CONDITIONS BE ABOVE GROUND FOR A 97.5FT■!S HOT TUB. AND THEN IN DECEMBER OF 2021, THERE WAS ONE THAT WAS WITHDRAWN. SO THAT IS THE ONLY PRECEDENT THAT THERE IS FOR HOT TUB VARIANCES FOR ABOVE GROUND. AND THOSE WERE BOTH ABOVE ABOVE GROUND JUST TO CONFIRM. YES. AND IT LOOKS LIKE THE CONDITION OF THE 2020 APPROVAL WAS FENCING FOR THE ABOVE GROUND. SO WAS THAT WAS THAT A COMBINATION POOL SPA OR WAS THAT JUST THE STANDALONE? I BELIEVE IT WAS JUST A STANDALONE. AND ON THE ON THE CONDITIONS, WAS THERE ANY DISCUSSION ABOUT LANDSCAPING THAT CAME A LITTLE BIT CLOSER TO THE HOT TUB THAN BECAUSE, I MEAN, I COULD I'M LOOKING HERE, IT'S A LITTLE BIT OFF TO THE SIDE OF THE PROPERTY, WHICH MAY WORK, BUT WAS THERE ANY DISCUSSION ABOUT MOVING IT CLOSER, WHICH MAY SHADE IT A LITTLE BIT MORE? THERE WAS NO DISCUSSION ABOUT IT. THERE IS SOME THAT IS CLOSER AND SOME THAT IS FARTHER. BUT THAT WAS NOT SOMETHING THAT WE DISCUSSED.NO. AND PIGGYBACKING OFF COUNCIL MEMBER SCHULTZ COMMENT OR OBSERVATION AND IT MIGHT BE A LITTLE PUT MY DUMB HAT ON FOR A SECOND, BECAUSE I WANT TO MAKE SURE I'M CONNECTING THE DOTS CORRECTLY. WHAT LED US TO TONIGHT IS IT BECAUSE THERE HAS BEEN A GRAY AREA SLASH OVERLAP WHEN IT COMES TO THIS TYPE OF CASE AND POOLS? OR HAS THERE DO WE HAVE A SECTION THAT WOULD BE DEDICATED ALREADY TO HOT TUBS, SAUNAS THAT ARE SPA TYPE SITUATIONS? AND THIS JUST DIDN'T MAKE THAT? OR ARE WE HERE BECAUSE WE LACK THAT. BECAUSE THERE'S KIND OF THAT GRAY AREA. CAN YOU GET A LITTLE CLARIFICATION ON WHAT KIND OF LED US HERE WHEN IT COMES TO WHAT'S KIND OF SET IN CODE? YES. SO THESE THE THE TEXT REGULATION THAT THEY'RE REQUESTING A VARIANCE TO IS PRESENT IN ALL OF THE 1998 THE HISTORIC COUNTRY CLUB PROPERTIES. CANDIDLY, FOLKS OFTEN DON'T POOL PERMITS TO GET HOT TUBS INSTALLED ON THEIR PROPERTIES. SO THAT'S WHY I THINK THIS VARIANCE ANECDOTALLY DOESN'T COME UP VERY OFTEN BECAUSE HOT TUBS ARE TYPICALLY INSTALLED ABOVEGROUND, THEY'RE NOT TYPICALLY INSTALLED
[00:30:03]
UNDERGROUND. THAT'S WHY I THINK I DON'T I DON'T KNOW THAT I'M ANSWERING YOUR QUESTION PERFECTLY, BUT THAT'S WHY WE'RE HERE TONIGHT. THE ONE, AS LAURA MENTIONED, THE ONE THAT WAS HEARD IN STAUNTON IS THE EXACT SAME LANGUAGE WORD FOR WORD IN A DIFFERENT NEIGHBORHOOD. AND THE BOARD DID, I THINK IT WAS THE PLANNING COMMISSION. CORRECT? THE PLANNING COMMISSION DID APPROVE THE VARIANCE TO ALLOW IT TO BE ABOVE GROUND, BUT THEY HAD TO INSTALL THE FENCING. YEAH. THANK YOU. THAT'S GOOD FOR ME. THEN. JUST POINT OF RECORD.THIS PARTICULAR RESIDENT IS NOT IN THE COUNTRY CLUB. AND HAMPSTEAD HEATH IS NOT PART OF THE NEW ALBANY COUNTRY CLUB. RIGHT. THE SORRY I MEANT TO SAY THE, THE 1998 ZONING DISTRICT.
SORRY ABOUT THAT. OKAY. SORRY I HAVE A QUESTION FOR STAFF STEPPING BACK SO THAT WE GOT THE LETTER OF THE EVERYTHING. WHAT'S THE SPIRIT OF THE CODE? SO I KNOW IN PAST CONVERSATIONS WE'VE HAD ABOUT POOLS AND FENCING ETC. IT'S BEEN YOU DON'T WANT A CHILD TO RUN BY IT AND FALL IN OR THINGS LIKE THAT. WHAT WOULD BE THE SPIRIT OF THE CODE IN THE CONTEXT OF WHAT WE'RE DEALING WITH TODAY? YEAH, I THINK AND AS LAUREN PRESENTED IT, KIND OF SPLITTING THEM INTO TWO VARIANCES AS PRESENTED IN THE STAFF REPORT. YOU KNOW, THE FIRST ONE, YOU KNOW, I THINK BOTH OF THEM ARE VERY, VERY CLEAR IN TERMS OF IT'S THE TEXT THAT'S SUPPOSED TO BE UNDERGROUND. THEY'RE ASKING TO DO THE ABOVEGROUND. I DO THINK, AS LAUREN MENTIONED IN THE STAFF REPORT IN HER PRESENTATION, THAT THERE ARE OTHER WAYS TO, YOU KNOW, THE REQUIREMENT TO HAVE IT UNDERGROUND IS TO SCREEN IT FROM ADJACENT PROPERTIES VISUALLY. AND THERE ARE MULTIPLE WAYS FROM STAFF'S PERSPECTIVE, TO BE ABLE TO DO THAT WITH ADDITIONAL LANDSCAPING AS SHE WENT THROUGH THE FENCING REQUIREMENT.
THERE'S A LONG HISTORY, AND I DID A GOOD JOB OUT IN THIS. IN YOUR STAFF REPORT OF TYPICALLY CANDIDLY, THOSE VARIANCES DON'T GET APPROVED VERY OFTEN. BOARDS OVER TIME HAS LOOKED HAVE LOOKED AT. AND MR. SCHELL SEES SOME SOME MORE OF THEM AT THE PLANNING COMMISSION LEVEL. THEY LOOK AT THE SIZE OF THE PROPERTY. THE INTENT OF THAT IS TO REALLY PREVENT ANY UNIMPEDED ACCESS INTO A POOL OR A SPA, AND IN SITUATIONS WHERE THERE'S MORE DENSE NEIGHBORHOODS LIKE THIS ONE, WHERE THERE'S NOT AN ABILITY TO CREATE THAT UNIMPEDED ACCESS WITHOUT INSTALLING A FENCE, THOSE VARIANCES HAVE NOT BEEN APPROVED. OKAY. THAT'S HELPFUL.
SO IT'S THE IN-GROUND PORTION IS MORE ABOUT A SCREENING CONCERN. THE FENCING IS A SAFETY SAFETY CONCERN. AND IT LOOKS LIKE THE VARIANCES HAVE OFTEN ONLY BEEN APPROVED IN THE PRESENCE OF A COVER WITH THE PRESENCE OF A COVER. AND THEN THERE'S USUALLY A LARGER LOTS, TYPICALLY WHERE THERE'S AN ADDITIONAL ABILITY LIKE IF THERE'S LIKE A LARGE STAND OF TREES, OKAY, OR PRESERVATION ZONE, WHERE IT REALLY SERVES AS THAT ADDITIONAL LAYER OF IMPEDED ACCESS. THANK YOU. I'M ASSUMING THAT THE NEIGHBORS HAVE BEEN ALERTED AND WE HAVE NO COMMENTARY FROM THE NEIGHBORS, NO COMMENTS FROM NEIGHBORS. OKAY. ARE WE LOOKING TO CHANGE THE CODE AT SOME POINT TO HELP FACILITATE THIS GOING FORWARD? COUNCILMEMBER SCHULTZ DIRECTION, WE CAN CERTAINLY LOOK AT WHAT WOULD BE NEEDED TO UPDATE THE 1988 PUD.
IT'S THE LARGEST ZONING DISTRICT IN THE CITY. WE COULD LOOK AT WHAT STEPS WE NEED TO BE TAKING TO CLARIFY THE REGULATIONS THAT APPLY TO POOLS VERSUS SPAS. THAT'S SOMETHING I THINK WE COULD TAKE A LOOK AT. THE REGULATIONS ABOUT POOL FENCING HISTORICALLY HAVE NOT BEEN SOMETHING THAT COUNCIL MEMBERS HAVE BEEN INTERESTED IN RELOOKING AT, JUST IN AN OVERABUNDANCE OF CAUTION FOR SAFETY. YEAH. I'M CURIOUS, IS THERE A CODE REQUIRED OR RESTRICTION TO ALLOW ABOVE GROUND POOLS IN THE CITY? CODE RESTRICTION TO ALLOW ABOVE GROUND POOLS? I'M SORRY TO NOT TO NOT ALLOW ABOVE. NO, NO, THAT THAT RESTRICTION TYPICALLY COMES IN IN THOSE OVERLAY PUD TEXT. OKAY OKAY. I WOULD LIKE TO MAKE ONE CORRECTION. I BELIEVE I MAY HAVE RECEIVED ONE INQUIRY ABOUT THIS VARIANCE. IT WAS JUST ASKING FOR GENERAL INFORMATION I BELIEVE. DID WE RESPOND BACK TO THEM. YEAH, I TOLD THEM WHERE THEY COULD FIND THE INFORMATION ONLINE AND THEY WENT WITH THAT. OKAY. ANY OTHER QUESTIONS FOLKS? JUST TWO MORE.
SO WHEN I LOOKED AT YOU DID ADMIT WE ADMITTED STAFF REPORT ALREADY, RIGHT? YEAH. SO WHEN I LOOKED AT THE STAFF REPORT. THANK YOU FOR DOING SUCH A PHENOMENAL JOB GOING BACK THROUGH THE HISTORY OF OF ALL OF THAT, I NOTICED THAT ALL THE THINGS LISTED WERE CONCERNING A POOL AND NOT HOT TUB, BUT MAINLY A POOL AND FENCING. RIGHT. OKAY. I JUST WANT TO
[00:35:02]
MAKE SURE I DIDN'T MISS IF THERE WAS ONE FOR A HOT TUB, RIGHT? I DO THINK THOUGH, IF WE AGAIN, MY PERSONAL THOUGHT, IF WE DO CHANGE THE TEXT, I THINK ULTIMATELY THE LANDSCAPING PACKAGE AND SOMETHING LIKE THIS IS KEY JUST TO MAKE SURE, BECAUSE WE ARE IN A NEIGHBORHOOD, THAT THAT TEXT SHOULD DEFINITELY HAVE SOME SORT OF LANDSCAPING IN LIEU OF, YOU KNOW, I THINK A FENCE IN JUST OVER A HOT TUB. YEAH, I GOT THOUGHTS ON THAT. BUT DEFINITELY I THINK THE LANDSCAPING PACKAGE SHOULD BE REALLY GOOD SO THAT NOBODY COULD COULD SEE IT. AND I THINK THE APPLICANT WOULD PROBABLY WANT THAT TOO WHEN THEY'RE IN THERE AS WELL. SO ANYWAYS, MY THOUGHTS. YEAH, I WOULD JUST REITERATE WITH, WITH THE PLANNING COMMISSION, WHEN WE SEE THIS KIND OF CASES, SAFETY IS BY FAR THE BIGGEST FACTOR WHEN WE'RE LOOKING AT AT THESE CASES AND SOME OF THESE BIGGER LOTS, WHEN THERE'S, YOU KNOW, THERE MIGHT BE A HALF AN ACRE OR AN ACRE SURROUNDING IT AND THERE'S TREES AND THINGS. IT'S A LITTLE BIT DIFFERENT WHEN YOU WHEN YOU COME CLOSER TO IN THE CITY, YOU KNOW, WE WOULD LOOK AT, YOU KNOW, WHAT KIND OF FENCING THERE IS, WHAT KIND OF ACCESS DO YOU HAVE FROM THE NEIGHBORS. AND SO I WOULD JUST SAY SAFETY IS ALWAYS BEEN THE NUMBER ONE, I GUESS, PRIORITY WHEN WE'RE MAKING THESE DECISIONS. WITH THE APPLICANT. LIKE TO ADD ANYTHING. YES.THANK YOU. JOE ERB 7116 BROOK DRIVE. MR. CHAIRMAN, MEMBERS OF THE COMMITTEE, THANK YOU FOR THE OPPORTUNITY TO BE HERE TODAY. MY WIFE STACY AND OUR SON LEO ARE HERE CELEBRATING MY 43RD BIRTHDAY HERE AT CITY HALL, WHICH I CAN'T THINK OF A WAY TO DO IT. A COUPLE OF QUICK POINTS THAT I DID WANT TO MAKE. IF YOU LOOK AT THE LANDSCAPING, I DO NOT THINK THAT THE SCOPE OF HOW IT LOOKS ON HERE DOESN'T JUSTICE TO HOW MUCH LANDSCAPING IS PUT IN THERE. BEFORE WE STARTED THIS PROJECT, A BIG THING THAT WE WANTED WAS MORE PRIVACY. YOU KNOW, NO DISRESPECT TO MY NEIGHBORS. THEY'RE WONDERFUL PEOPLE. BUT TO HAVE SOME MORE SHADING IN OUR BACKYARD FOR WHEN WE LIKE TO ENTERTAIN AND HAVE THE KIDS RUNNING AROUND. SO THE AMOUNT OF TREES THAT HAVE BEEN PUT IN ALONG THE BACK AND ALONG THE SIDE ARE PRETTY SUBSTANTIAL. SO THERE IS A LOT MORE AND THAT WILL GROW OVER TIME. AS YOU CAN IMAGINE, WE'RE NOT PUTTING IN, YOU KNOW, FULL GROWTH TREE. THEY WILL GROW OVER THE OVER THE YEARS. SO THAT'LL THAT'LL HELP WITH THAT ISSUE. AND I KNOW IT APPEARS THAT THEY ARE CLOSER TO THE PROPERTY LINE, BUT FROM WHERE THEY ACTUALLY ARE, THEY ARE PRETTY CLOSE TO THE HOT TUB. SO JUST JUST TO MAKE THAT POINT, THEN TWO OTHER QUICK ISSUES. ONE, WE DID MAKE SURE THAT WE GOT A HOT TUB THAT HAS SECURITY. AS A FATHER OF A SOON TO BE SEVEN YEAR OLD FIRST GRADER IN NEW ALBANY SCHOOLS, HIS SAFETY IS PARAMOUNT. NOT JUST TO TO TO ME, BUT TO MAKE SURE THAT KIDS IN THE NEIGHBORHOOD WOULD BE SAFE AS WELL. SO THAT IS SOMETHING THAT WE THOUGHT ABOUT WHEN WE WHEN WE LOOKED AT THE HOT TUB THAT WE WOULD LIKE TO HAVE. AND THEN AS IT RELATES TO THE THE HOMEOWNERS ASSOCIATION, WHERE WE LIVE IS A NEIGHBORHOOD THAT, AS YOU ALL KNOW, IS SPLIT BETWEEN THE CITY OF COLUMBUS AND THE CITY OF NEW ALBANY, WHERE ONLY 2 OR 3 STREETS, KIND OF IN OUR LITTLE AREA, ARE IN THE CITY OF NEW ALBANY, THE REST IN COLUMBUS, WHERE THE VARIANCE WOULD NOT BE NEEDED FOR THAT AREA. AND OUR HOMEOWNERS ASSOCIATION DID APPROVE OUR OUR REQUEST. AND THEN FINALLY, AS IT RELATES TO SAFETY, LIKE I SAID, WE ARE FULLY UNDERSTAND THAT THAT IS AN IMPORTANT ISSUE. IF YOU GO ACROSS THE STREET FROM OUR HOUSE, THERE IS AN UNFENCED GIANT POND WHERE IF WE'RE TALKING ABOUT SAFETY CONCERNS FOR OUR YOUTH, THAT IS A MUCH GREATER RISK. IT IS AN AREA WHERE I SEE CHILDREN GOING DOWN ALL THE TIME, RIDING THEIR BIKES, SCOOTERS, FISHING, WHERE THERE IS NO SECURITY AND THERE ARE NO PARENTS THERE IN OUR BACKYARD, WHICH IS SCREENED, A MOTHER AND A FATHER WHO ARE THERE ALL THE TIME, A LOCKED TUB. AND WE ALSO HAVE PROPER SECURITY AS IT RELATES TO CAMERAS AND THAT TYPE OF THING, TO MAKE SURE THAT WE MONITOR OUR PROPERTY WITH MOTION SENSORS AND THAT TYPE OF SECURITY AS WELL. SO HAPPY TO ANSWER ANY QUESTIONS AND REALLY APPRECIATE THE OPPORTUNITY TO BE HERE. THANK YOU. THANK YOU. I'M SORRY YOU SAID A LOCKED TUB.
YEAH. CAN YOU EXPLAIN THAT? JUST IS IT JUST LIKE A PADLOCK? I MEAN, WHAT KIND OF SAFETY? I WOULD LIKE TO DEFER TO THE BOSS HERE. I BELIEVE IT HAS A I THINK IT'S IN THE REPORT. I DON'T I DON'T HAVE A PICTURE. IT'S OKAY. TYPICALLY THEY'RE TYPICALLY THEY'RE THE COVER THAT COMES DOWN. THEY CAN LOCK IT HAS A SECURE A LOCK. SO YOU HAVE TO UNLOCK IT TO LIFT IT UP.
AND IT'S A SLIDE. OKAY. IT'S A SLIDE COVER. SO ONCE YOU UNLOCK IT THEN IT SLIDES OUT AND KIND OF GOES INTO IT'S KIND OF STORAGE AREA. BUT IT DOES HAVE TO BE LOCKED AND UNLOCKED TO TO
[00:40:03]
COVER IT. IS THERE A MOTION ON. THIS VARIANCE? 61 2025I MOVE TO APPROVE VARIANCE 61 TO 0 TWO FIVE. I'LL SECOND. BEFORE BEFORE WE GO THROUGH THAT MOTION, ARE YOU WANTING TO CONSIDER ANY ADDITIONS IF YOU'RE CONSIDERING APPROVING IT, ARE YOU WANTING TO ADD ANY CONDITIONS IN THERE ABOUT POSSIBLY ADDING OTHER LANDSCAPING OR OTHER SAFETY FEATURES? OR. I WAS NOT. BUT IF I'M OPEN TO A DISCUSSION BEFORE WE PROCEED, I BECAUSE I WAS LISTENING TO MR. HERB'S JUST DESCRIPTION AS WELL AS STAFF GOING BACK TO ADDING TO AND.YEAH, I WASN'T I MEAN I'M AGAIN I'M OPEN TO THE DISCUSSION BUT SO LET'S JUST LET'S JUST START WITH THAT OKAY. THE LANDSCAPING. SO THE LANDSCAPING THERE FOLLOWING THE CODES REQUIRED IN ORDER TO INSTALL THIS HOT TUB. CORRECT. IS THAT TRUE? ALL CODES ARE BEING ALL THE REQUIREMENTS FOR LANDSCAPING ARE BEING FOLLOWED. SORRY. YES. BEING FOLLOWED. YES. YES OKAY.
SO I HAVE I HAVE A CLARIFYING QUESTION THERE WHEN WE TALK ABOUT PART A AND WHEN WE TALK ABOUT THE SPIRIT OF PART A, WE WERE SAYING THAT SCREENING WAS THE BIG CONCERN. SO WE FEEL THAT THE SCREENING FACTOR IS SUBSTANTIAL OR IS SATISFIED BY THE LANDSCAPING PROPOSED. YES.
OKAY. SO I GUESS WHAT YOU'RE SAYING, HANS, IS WITH, FOR EXAMPLE, VARIANCE A. WOULD YOU BE COMFORTABLE IF THE CONDITION WOULD BE TO INCLUDE AS LONG AS THE SCREENING IS IN PLACE AS A CONDITION? OKAY. I FEEL MUCH BETTER. IS THERE ANYTHING ELSE THAT ANYBODY ELSE FROM THE WELL IS? ARE WE CATCHING THAT IN BE. AM I MISSING SOMETHING? YEAH. I JUST WANT TO MAKE SURE THAT WE'RE NOT ADDING ANYTHING IF IT'S ALREADY. WHERE AM I COVERING WHAT WE'RE NEEDING TO? IT MIGHT BE A LITTLE BIT OF A BOTH. AND BECAUSE I THINK B IS DEALING MORE WITH THE FENCING FROM A SAFETY PERSPECTIVE, BUT I THINK THAT WE'VE BEEN HAVING DISCUSSION THAT THE LANDSCAPING MIGHT, IN THE ABOVE GROUND NATURE MIGHT BE FACTORS IN THAT SAFETY SPACE TO. YOU CAN VOTE ON THIS SEPARATELY. YEAH I THINK THAT MIGHT BE VOTED ON SEPARATELY. YEAH. SO IS THERE ANYONE THAT WOULD LIKE TO ADD A CONDITION TO VARIANCE A BEFORE I. BECAUSE IF SO I CAN WITHDRAW AND THEN RESTATE BECAUSE I'M COMFORTABLE WITH MOVING FORWARD WITH VARIANCE. A WELL BEFORE WE DO THAT, BEFORE WE SPLIT THEM. IS THERE A CONDITION ON ANY OF THESE VARIANCES. THAT'S THAT'S WHAT I'M MISSING. WHERE ARE WE. WE WE DID NOT INCLUDE ANY CONDITION NO CONDITIONS OKAY.
SO THAT WAS MY POINT. WE WE'RE SEEING IT UP HERE. BUT THERE'S NOTHING IN THE STAFF REPORT INDICATING A ARE THEY ADDING ADDITIONAL LANDSCAPING OR ARE WE REQUIRING ADDITIONAL LANDSCAPING. SO MY MY OPINION I'M NOT MY ACKNOWLEDGMENT WAS THAT THE LANDSCAPING REQUIREMENT HAS BEEN ALREADY MET. IT HAS NOT BEEN ALREADY MET. IT WILL BE MET IF THE PROPOSED LANDSCAPING IS ADDITIONALLY PUT INTO PLACE WITH THE EXISTING LANDSCAPING, BUT THAT WE'RE NOT HERE TO TALK ABOUT THAT WE'RE ASSUMING THAT THAT'S ALREADY GOING TO BE IN PLACE. CORRECT? WELL, WE'RE ASSUMING THAT. SHOULDN'T WE PROBABLY HAVE THAT IN THE VARIANCE. VARIANCE A JUST TO MAKE THAT CLEAR. YEAH. THE CONDITION THAT THE MAINTAIN.
THAT'S FINE. YEAH. LANDSCAPING IN THE PROPOSAL OKAY. SO I WILL WITHDRAW MY ORIGINAL MOTION SO THAT WE CAN CLARIFY. SOMEONE ELSE WANT TO ARTICULATE WHAT THAT CONDITION WOULD. SURE.
OKAY. I'LL DO MY BEST. LET'S SEE. I MOVE THAT WE ACCEPT VARIANCE 61 TO KNOW. IS THAT THE RIGHT ONE? YES. OKAY, I'LL START OVER. I MOVE THAT WE ACCEPT VARIANCE 61 2025 PART A WITH THE CONDITION THAT THE LANDSCAPING IS DEVELOPED AS PROPOSED HERE I'LL SECOND. MISS SAMUELS. YES, MR. WOOD? YES. MR. JACOB. YES. MR. YES. MR. SHELL, I WOULD SAY YES. AND
[00:45:08]
JUST THE FACT THAT NO NEIGHBORS COMPLAINED OR SHOWED UP TO VOLUNTEER ANY ADDITIONAL. WELL, WE WE CONFIRMED THAT. RIGHT. SO SO THERE'S BEEN SOME BACK AND FORTH. WE, WE LET THEM KNOW WHERE TO FIND THE INFORMATION. THEY HAVEN'T HEARD. WE HAVEN'T HEARD BACK FROM THEM. THAT'S CORRECT. AND THEY KNEW THAT THIS WAS HAPPENING TONIGHT. YES. THE AYES HAVE IT. THE MOTION PASSES. THANK YOU. ADS TO APPROVE 61 2025 A ON THE CONDITION THAT THE LANDSCAPING IS DEVELOPED AS PROPOSED HERE. SO I HAVE A QUESTION BEFORE WE MOVE TO BE FROM IN MY MIND I SEE B AS THE SAFETY CONSIDERATION WITH THE FENCING. SO ONE WAS A WAS CONSTRUCTING ABOVE GROUND. WE SAID SURE, AS LONG AS THE LANDSCAPING IS PROVIDING THE SCREENING FOR B, WE'RE CONSIDERING SAFETY. AND THE HISTORIC SOLUTION TO THAT HAS BEEN FENCING. AND MY QUESTION TO THE BOARD IS, DOES THE ABOVE GROUND NATURE OF THE SPA NOT POOL, BUT ONLY SPA SUPPORT THAT SAFETY SPIRIT OF THE CODE? I WOULD SAY HISTORICALLY, AGAIN, THAT DIRECT VARIANCE HASN'T BEEN ASKED FOR EXCEPT ON ONE CONDITION. AND SAUNTON, AS YOU MENTIONED, THE STAFF REPORT, BUT I THINK THAT'S A GREAT THING FOR YOU GUYS TO DISCUSS, IF THAT, IF THAT MAKES SENSE. AND AND CHRIS, HISTORICALLY, AGAIN, WITH MOST OF THESE HAVE BEEN POOLS, BUT EVEN WITH HOT TUBS THERE'S BEEN A FENCING REQUIREMENT. IS THAT ACCURATE.SO YES, THIS WOULD BE A FIRST. YES. HOW HOW TALL IS THIS THING? I MEAN, HOW MANY STEPS TO WALK INTO THIS THING. TO HAVE THE HEIGHT? MR. CHAIRMAN, MEMBERS OF THE COMMITTEE, THERE IS THE DESCRIPTION OF THE HOT TUB IN YOUR PACKET. I BELIEVE THAT THE STEPS THAT THERE ARE THREE STEPS TO GET UP TO IT. AND JUST AS A POINT WHEN YOU'RE LOOKING AT A IN-GROUND HOT TUB, YOU KNOW, THAT'S SOMETHING WHERE IF A KID IS RUNNING ACROSS THE YARD, THEY MIGHT NOT SEE IT AND FALL IN IT. I THINK ANDRE THE GIANT WOULD NOT BE ABLE TO RUN ACROSS THE YARD AND FALL INTO THIS. IT'S A SUBSTANTIAL PIECE AND UNDER A ROOF PERGOLA. IT'S NOT. IT WOULDN'T COME OUT OF NOWHERE TYPE OF LOOK. AND AS YOU SAW IN THE LANDSCAPING, IT IS NOT SOMETHING THAT YOU WOULD RUN FROM ONE YARD INTO THE OTHER AND JUST GET TO. THERE IS A BARRIER THERE FROM THERE AND SURROUNDED BY LANDSCAPING AND THE NEW AND THE NEW PATIO THAT WE HAD INSTALLED AS WELL. I THINK YOU SAID, AS WELL AS A LOCKED AS WELL AS IT BEING LOCKED, THE COVER, YOU HAVE THAT AS WELL FROM A SAFETY PERSPECTIVE. YES MR. CHAIRMAN, COUNCIL. YES, IT WOULD BE LOCKED AT ALL TIMES WHEN NOT IN USE. AND ARE YOU AWARE OF ANY FENCING FROM ANY OTHER, YOUR NEIGHBORS THAT HAVE HOT TUBS THAT ARE IN CONSIDERING YOU SAID THERE'S BEEN THE ONES YOU'RE AWARE OF, MR. CHAIRMAN, MR. JACOB I, AS AN ITALIAN FROM NEW JERSEY, I'M NOT PRONE TO SNITCHING ON PEOPLE. IT'S NOT IN MY NATURE. THAT BEING SAID, IF YOU GO THROUGH NOT JUST MY NEIGHBORHOOD, BUT UP THE NEIGHBORHOOD TO THE BACK AND ACROSS HARLEM ROAD, YOU WILL SEE HOT TUBS THAT DO NOT HAVE FENCING. I MARRIED A ATTORNEY WHO'S A STRICT RULE FOLLOWER, SO WE MADE SURE THAT WE WERE DOING EVERYTHING BY THE BOOK. AND AS A FORMER IN A PREVIOUS LIFE AS A FORMER CITY COUNCILMAN WHERE WE USED TO LIVE, I RESPECT THE THE COMMISSION. SO I WANTED TO MAKE SURE THAT WE WERE DOING EVERYTHING CORRECTLY. BUT IF YOU LOOK AROUND, YOU WILL SEE RAISED HOT TUBS IN OUR COMMUNITY THAT DO NOT HAVE FENCING, THAT DO NOT HAVE SCREENING, AND YOU WILL SEE PONDS THAT DO NOT HAVE FENCING, THAT DO NOT HAVE SCREENING. THIS IS SUBSTANTIALLY MORE SECURE THAN ANY OF THOSE THAT HAVE BEEN INSTALLED WITHOUT THE PROPER AUTHORITY OR INSTALLED BY THE CITY WITHOUT ANY FENCING.
JUST IF YOU DON'T MIND, A COUPLE QUICK QUESTIONS. SO YOU MENTIONED THE LANDSCAPING WE HAVE. YOU MENTIONED THESE ARE CLOSER THAN MAYBE THEY LOOK ON THE SCREEN, BECAUSE I WOULD LIKE TO SEE CLOSER SCREENING IF THAT'S POSSIBLE. AND MAYBE I DON'T KNOW THESE ARE VARIETIES BUT YOU KNOW THOSE TYPICALLY ARE VARIETIES ARE PRETTY TIGHT AND YOU CAN'T SNEAK THROUGH THEM REAL EASY. I GUESS I WOULD LIKE TO SEE IT MORE BOXED IN IF IF I HAD TO SAY I APPRECIATE THAT, MR. CHAIRMAN. MR. WE CAN WE HAVE HAD SOME OF THE LANDSCAPING ALREADY INSTALLED, BUT WE ARE NOT OPPOSED TO INSTALLING MORE IF THAT'S A NECESSITY, TO MAKE SURE THAT
[00:50:04]
THIS IS DONE IN SUCH A WAY THAT IT IT PROVIDES FOR THAT SAFETY FACTOR. THANK YOU. SO WHAT IS THE FENCING REQUIREMENT IS IF YOU'RE GOING TO DO IF HE'S GOING TO DO LANDSCAPING THAT IS AKIN TO FENCING REQUIREMENT IS WHAT IS THE THE FENCE HAS TO BE ALL THE WAY AROUND THE POOL OR SORRY THE IN THIS INSTANCE THE HOT TUB. IS THERE LIKE A SPACING FOR THE BARS. IT'S JUST SOME KIND OF FENCING. YEP. ALL THE WAY AROUND IT. IT HAS TO BE 48IN TALL. ALL RIGHT. SO LET'S JUST GO BACK REAL QUICK. SO THE LANDSCAPING PLAN HAS ALREADY BEEN APPROVED BY THE TOWN.CORRECT. ARE RETURNING LANDSCAPING INTO LIKE, SAFETY LANDSCAPING. NOW, IS THAT LIKE WHAT WE'RE TRYING TO DO? YES WE ARE. YEAH. OKAY. SO OKAY. SO SO THIS WOULD HAVE BEEN NICE TO HAVE A SCALED PICTURE. WHAT WHAT HAS THE LANDSCAPING ALREADY BEEN INSTALLED? MR. CHAIRMAN, EVERYTHING THAT YOU SEE HERE HAS BEEN ALREADY INSTALLED WITH SOME SLIGHT VARIATION OF SOME SMALL PLANTS. IF YOU LOOK ON THE LEFT SIDE, THAT FRONT ROW OF SMALL PLANTS HAS BEEN MOVED TO. YEAH. AND THEN MAYBE IF YOU COULD SHOW US ON HERE, IF YOU COULD SEE THE PICTURE WHERE ANYTHING MIGHT BE. I INCLUDED IT AT THE VERY BACK HERE. THIS IS A PHOTO THAT THE APPLICANT SENT ME WITH THE BACKYARD. AT PRESENT I'M NOT SURE. WHAT CAN YOU PULL IT UP ON THE RING CAMERA MIGHT BE HELPFUL. HE DOESN'T GO THAT FAR. OKAY. SO IF YOU. IF YOU PLEASE GO BACK TO THE. THERE WE GO. THE ONLY MODIFICATIONS FROM HERE. SO THIS SO THIS WOULD IT'S NOT A VERY BIG SPACE. SO IT KIND OF COMES LIKE RIGHT THROUGH. HERE IS HOW IT LOOKS WITH THE THREE ARBORVITAE AND TWO OTHER TREES HERE I'M SORRY SPRUCE. AND THEN THESE PLANTS HERE. THIS FRONT ROW WAS PUT HERE JUST BECAUSE IT LOOKED BETTER. BUT THERE IS THESE ARE THESE ARE TALL HERE. SO IT BLOCKS THIS WAY. THESE ARE PLANTED. SO FOR OUR NEIGHBOR THAT'S OVER HERE. AND THEN THERE ARE ALREADY EXISTING TREES HERE. SO THIS IS ALL BLOCKED OFF FROM THIS NEIGHBOR'S HOUSE WITH THIS KIND OF ALL CONNECTS. BUT AT A FURTHER DISTANCE FROM HERE, IF THAT MAKES SENSE. YES IT DOES. I ACTUALLY HAVE A DIFFERENT QUESTION BECAUSE THERE'S A LOCK. IS THAT THE EQUIVALENT OF A POOL COVER? YEAH, THAT WOULD BE THE EQUIVALENT POOL COVER. AND WE HAVE PRECEDENT FOR POOL COVER BEING. APPROVED IN LIEU OF FENCING. YES. OKAY. ANY OTHER QUESTIONS. THANK YOU. THANK YOU. ALL RIGHT. I'LL MOVE THAT. UNLESS ANYBODY OKAY. MOVE TO APPROVE VARIANCE 612025B WITH THE RATIONALE THAT THERE HAVE A EQUIVALENT OF A POOL COVER IN LIEU OF THE FENCING SECOND. MISS SAMUELS. YES. MR. JACOBS. YES. MR. WOOD YES. MR. LAJEUNESSE. YES. MR. SHELL YES, YES, THE MOTION PASSES WITH ALL VOTES IN FAVOR. OKAY. THANK YOU. VARIANCE. OKAY. THANK YOU. SORRY. CONGRATULATIONS. THANK YOU. GOOD LUCK GUYS. GOOD LUCK. THANK YOU. THANKS FOR LETTING US WORK THROUGH THAT. IT'S WE WANT TO PRESERVE THE CODE AND MAKE SURE EVERYONE'S SAFE. SO. ABSOLUTELY. YEAH. YEAH. AND HAPPY BIRTHDAY. HAPPY BIRTHDAY. THANK YOU. ENJOY YOUR BIRTHDAY. OKAY. DO WE HAVE ANY OTHER BUSINESS FOR TONIGHT? WE DO NOT. THANK YOU GUYS. THANK YOU. ANY QUESTIONS? COMMENTS? ANYONE? ANYONE? OKAY. IS THERE A MOVEMENT TO ADJOURN THE MEETING. SO MOVED. SECOND. MR. JACOBS? YES. MR. WOOD? YES. MR. YES. MISS. SAMUELS YES. MR. SHELL? YES. MOTION PASSES
* This transcript was compiled from uncorrected Closed Captioning.