[I. Call to order]
[00:00:07]
WE GET STARTED, FOLKS? WELCOME, EVERYBODY. HAPPY THANKSGIVING TO ALL OF YOU WHO ARE GOING TO CELEBRATE IT THURSDAY. THIS IS THE NOVEMBER 24TH, 2025 BOARD OF ZONING APPEALS MEETING. THE FIRST THING ON OUR AGENDA IS A CALL TO ORDER. WE HAVE THE STAFF OR THE ROLL, PLEASE, MR. PRESIDENT, MR. JACOB, PRESENT, MISS SAMUELS PRESENT. MR. WOOD. PRESENT. MR. SHELL PRESENT.
COUNCIL MEMBER SCHULTZ HERE. ALL VOTING MEMBERS ARE PRESENT. WE HAVE A QUORUM. OKAY. THANK
[III. Action on minutes]
YOU. SECOND ITEM ON OUR AGENDA IS ACTION ON THE MEETING MINUTES FROM OCTOBER 27TH, 2025.MR. CHAIRMAN, I MOVE FOR THE PASSAGE OF THE MINUTES FROM THE OCTOBER 27TH, 2020 FIVE MINUTES MEETING OF THE BZA. I'LL SECOND THAT MOTION. MR. JACOB. YES. MR. WOOD? YES, MISTER? YES, MISS SAMUELS? YES, MR. SHELL. YES. THE MOTION PASSES WITH ALL VOTES IN FAVOR OF THE MINUTES
[IV. Additions or corrections to the agenda]
AS SUBMITTED. OKAY. THANK YOU. THE NEXT ITEM ON OUR AGENDA IS ADDITIONS OR CORRECTIONS TO THE AGENDA FOR TONIGHT. ARE THERE ANY CORRECTIONS OR ADDITIONS? WE DO NOT HAVE ANY FROM STAFF.OKAY. THANK YOU. ANY OF OUR VISITORS WISH TO SPEAK TONIGHT? WE'LL HAVE TO SWEAR YOU IN AS WE DID LAST TIME. OKAY? I WANT TO SWEAR YOU HAD SOME STAND UP. RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? OKAY. THANK YOU. OKAY. I'VE ASKED
[VI. Cases]
STAFF TO GO BACK OVER THE ORIGINAL VARIANCE REQUEST JUST TO GIVE EVERYONE A LEVEL GROUND.AGAIN. WE KNOW WE HEARD THIS LAST TIME. THERE'S BEEN SOME ADDITIONAL INFORMATION SINCE WE'VE MET LAST. SO COULD WE HEAR THE STAFF REPORT FOR VARIANCE 86 TO 0 TWO FIVE? PULL.
SETBACK VARIANCE. YES. ALL RIGHT. SO AS YOU SAID THIS WAS FIRST HEARD ON OCTOBER 27TH AND WAS TABLED SO THE APPLICANT COULD WORK WITH THEIR NEIGHBOR TO RESOLVE SOME ISSUES. SO THE NEIGHBOR PRESENTED WITH THE DESIGN. AS FAR AS STAFF IS AWARE, THERE WERE NO COMMENTS GIVEN BACK TO THE APPLICANT FROM THE NEIGHBORS. SO WITH THAT BEING SAID, THE APPLICANT HAS RESUBMITTED THE SAME DESIGN AS BEFORE, AND WE'LL JUST GO OVER A COUPLE LITTLE HIGHLIGHTS FROM THE LAST TIME AS WELL. SO THIS IS JUST SHOWING THE PROPERTY. IT'S 7503 OGDEN WOODS IN THE FALL FOLIAGE. SO YOU CAN KIND OF SEE THE BACKYARD A LITTLE BIT MORE. AND THEN AGAIN WITH MORE OF A SPRING FOLIAGE. THIS SITE PLAN SHOWS IN BLUE THE AREA THAT IS GOING TO BE UNDER CONSTRUCTION. IF THEY GET THE VARIANCES, AS IN PERTAINING TO WHERE THE HOUSE IS AND THE EXISTING PATIO THAT WAS GIVEN A VARIANCE IN 2020, AND THEN WITH THE PROPERTY LINES AS WELL. SO THERE ARE TWO VARIANCES WITHIN THIS APPLICATION. ONE IS TO REDUCE THE REQUIRED 15 FOOT SETBACK FROM ANY PROPERTY LINE, AND THE OTHER IS TO ENCROACH NINE FEET INTO THE 20 FOOT EASEMENT ON THE REAR OF THE PROPERTY. SO FOR THE NEXT PICTURE WE'RE GOING TO DO VARIANCE A IN RED AND VARIANCE B IN BLUE. SO THIS IS JUST SHOWING THE ENCROACHMENTS WITHIN THE 15. THE 15 FOOT SETBACK FOR THE POOL. AND THEN WHERE THE EXISTING PATIO IS AS WELL. AND THEN WITH THE 20 FOOT EASEMENT IN THE REAR OF THE YARD, AND THEN JUST SOME SPECIAL CIRCUMSTANCES WITH THIS HOUSE. THE HOUSE IS SET BACK ABOUT 11.5FT FROM THE OTHER HOUSES ON THE PROPERTY. SO IT'S KIND OF LIMITING THE BACKYARD SPACE THAT THEY HAVE IN THE FIRST PLACE. AND THERE'S ALSO THAT EASEMENT THAT'S RUNNING IN THE BACKYARD. IT DOES NOT HAVE ANY UTILITY LINES OR PIPES UNDERNEATH THE GROUND OR ANYTHING LIKE THAT. IT'S JUST AROUND THE FOUR HOUSES, THE THREE ON THE LEFT SIDE OF THE PICTURE, AND THEN ONE THAT'S OUTSIDE OF THIS IMAGE. AND THEN WE JUST WANTED TO HIGHLIGHT THAT THE APPLICANT IS PROPOSING A LOT OF NEW LANDSCAPING THAT WILL HELP WITH THE SCREENING OF THIS PROJECT AS WELL, JUST TO KIND OF POINT THAT OUT MORE THAN LAST TIME. BUT I AM HERE IF YOU HAVE ANY QUESTIONS AND SO IS THE APPLICANT. WHAT WHAT ADDITIONAL INFORMATION WAS PROVIDED AS PART OF THIS LATEST PACKAGE? SO WE WERE JUST CLARIFYING HOW FAR THE HOUSE WAS SET BACK, BECAUSE I DON'T THINK WE HAD A FULL MEASUREMENT FROM THE LAST MEETING. AND THEN JUST POINTING OUT MORE OF THAT.
THE LANDSCAPING THAT WAS PROVIDED, I THOUGHT I SAW ADDITIONAL PICTURES FROM THE APPLICANT. YEAH. SO WE HAD SOME PICTURES JUST OF THE BACKYARD AS IT EXISTS TODAY. JUST TO KIND OF GIVE A LITTLE BIT MORE CONTEXT TO THE BOARD, IF YOU GUYS WOULD LIKE ME TO GO THROUGH THOSE, I'M MORE THAN HAPPY TO. SO THIS IS FROM THE SIDES OF THE PROPERTY, LOOKING TOWARDS THE HOUSE AND THEN THE REAR YARD TOWARDS THE HOUSE ITSELF IS ON THE LEFT, AND THEN
[00:05:05]
THE ONE ON THE RIGHT IS FROM THE COVERED PATIO LOOKING TOWARDS THE REAR OF NEIGHBOR.SO THERE'S ALREADY THOSE EXISTING EVERGREEN TREES THERE. AND THEN THAT'S THE PATIO THAT'S ALREADY IN EXISTENCE TODAY, OBVIOUSLY. AND THEN JUST AGAIN, THE VIEW OF THE PATIO AS IT IS TODAY. OKAY. MR. A MOTION TO ACCEPT STAFF REPORT AND DIRECTOR. SECOND. MISS SAMUELS.
YES. MR. SCHELL. YES. MR. JACOB. YES. MR. WOOD YES. MR. YES. THE AYES HAVE IT WITH ALL VOTES TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD. THANK YOU. ALL RIGHT.
I'M GOING TO ASK THE BOARD IF THERE ARE ANY QUESTIONS FOR EITHER THE APPLICANT OR THE NEIGHBOR AT THIS POINT. WE'VE GONE DOWN THIS ROAD SO I CAN START. IF YOU GUYS DON'T HAVE QUESTIONS, I JUST HAVE ONE. AND I BELIEVE THERE WAS AND IF I HEARD WRONG, LET ME KNOW. WAS THERE LANDSCAPING CHANGES SINCE THE LAST TIME WE WERE HERE? JUST SORRY. SORRY I WASN'T HERE.
I, WE WANTED TO GO OVER THEM BECAUSE I DON'T THINK I WENT OVER THEM FULLY DURING INITIAL PRESENTATIONS. AND THEY'RE NOT NEW. THEY WERE ALWAYS PROPOSED TO BE THAT WAY. WE JUST DIDN'T GO OVER THEM WITH YOU GUYS. OKAY. IS THERE AN OVERVIEW THAT SHOWS THE NEIGHBORS AND WHICH ONES WE'VE RECEIVED LETTERS FROM? YEAH, I BELIEVE THAT THERE SHOULD BE SOME IN THE PACKETS. YES. YEAH. THANK YOU. AND WITH THOSE ADDITIONAL NEIGHBORS IN THIS NEW PACKET, ARE THOSE THE ORIGINAL ADDITIONS? YEAH. YEAH. SINCE THE LAST MEETING WHEN WHEN WE WERE HERE, THERE WERE SIX LETTERS. BUT COMING OFF THAT, I WENT AHEAD AND TRIED TO TALK TO MORE NEIGHBORS. AND I WAS 13, AND I SHARED A VISUAL THAT SHOWS KIND OF WHO WAS GREEN.
SORRY. JUST TO GET A BETTER IDEA WHAT THE PLOTS ARE. WE DID HAVE ONE PERSON WHO WE SPOKE TO THAT WANTED TO REMAIN NEUTRAL, AND THAT'S GOOD TOO, BUT THAT'S THE YELLOW THAT REPRESENTS THAT.
SHE JUST FELT LIKE IT WAS IMPORTANT TO JUST STAY MIDDLE GROUND, WASN'T OPPOSED TO IT.
DID HAVE QUESTIONS ABOUT THE CONSTRUCTION NOISE AND THINGS LIKE THAT. BUT SHE JUST WANTED TO BE NEUTRAL. OKAY. THANK YOU. MR. YEAH. CHRIS, CAN YOU GO BACK TO THE PICTURE THAT WE JUST HAD UP LOOKING AT THE REAR LANDSCAPING VIEW? YEAH, RIGHT THERE ON THE RIGHT. HOW MUCH OF THAT LANDSCAPING IS IN THE YARD THAT WE'RE LOOKING AT. AND HOW FAR BACK IS THE LINE? IT'S HARD TO SEE FROM THIS, BUT MAYBE YOU CAN JUST GET A SENSE OF IS THERE REAR LINE ON THE OTHER SIDE OF THOSE BUSHES, OR IS IT IN FRONT OF IT? IS IT IN THE MIDDLE? IT MIGHT BE. BUT THE PROPERTY LINE ACTUALLY EXISTS IN FRONT OF THOSE TWO TREES THAT. BUT THEY WERE BEHIND US.
BUT AFTER A SET BEYOND THE EXISTING TREES THAT WERE ALREADY IN THERE, PROBABLY WERE, BUT PROBABLY PROBABLY IF YOU GO BACK TO THE PHOTO, CAN YOU GO TO THE MICROPHONE? I'M SORRY.
I'M SO SORRY. IF YOU GO BACK TO THE PHOTO THAT SHOWS THE EAST WEST VIEW, THE OTHER SIDE. SO YOU SEE THAT GREEN SPOUT THERE? THAT IS AN EXISTING DRAINAGE FROM THE FROM THE GUTTERS. AND THE PROPERTY LINE EXISTS, RIGHT? PRETTY MUCH ALONG THAT EDGE. OKAY. SO IT LOOKS LIKE THE ENTIRE LANDSCAPING FOR THE MOST PART IS IN THE EASEMENT. YES. THE ENTIRE LANDSCAPING IS IN EASEMENT. CORRECT. COULD YOU GO BACK? MAYBE I THINK IT'S BACK. NO. MAYBE IT'S FORWARD LOOKING AT THIS PICTURE OF YOU. THIS ONE RIGHT HERE. SO BY LOOKING AT THE AERIAL VIEW OF THE PROJECT AND I'M LOOKING AT WHERE YOUR SATELLITES AT RIGHT THERE. AND THEN THERE'S A SHRUB NEXT TO IT. AND MAYBE BEING MADE AWARE OF AT THE LAST MEETING WHERE YOU'RE THIS PROJECT WILL NOT BE VISIBLE FROM THE STREET. IS THERE SOMETHING THAT I'M NOT SEEING WHERE YOU'RE JUST RIGHT UP THERE, OR IS THAT YOU'RE GOING RIGHT UP TO THOSE TWO SHRUBS THAT ARE ON THE RIGHT SIDE? YEAH. I THINK WHEN WE TALKED AT THE LAST MEETING, THERE WERE TWO DIRECTIVES. IT WAS TO SEE IF WE CAN HAVE AMICABLE, AMICABLE CONVERSATIONS AND THEN LOOK AT OPPORTUNITIES TO FLIP THE DESIGN. FLIPPING THE DESIGN WOULD PUT US CREEPING OVER TO THE RIGHT OF THAT. SO THE PROJECT WILL END AT THE BRICK AND THE BRICK WATER THERE.
[00:10:07]
EITHER IT'LL JUST BE PATIO. SO IF YOU GO BACK IT, WE WE FELT IT WAS IMPORTANT TO MAKE SURE IT WAS LIKE TRULY IN THE BACK OF THE HOUSE, NOT VISIBLE FROM THE SIDE OF THE HOUSE. SO THE EXISTING DESIGN DOES GO TO THE BRICK OF THE HOUSE, BUT IF WE TRY TO FLIP THE DESIGN, IT WOULD HAVE CAUSED MORE COMPLEXITIES, NOT JUST WITH THE STREET VIEW, BUT ALSO FUNCTIONALITY WITH THE BACK STEPS AND ALL THE GEOMETRY FROM THAT STANDPOINT. THANK YOU.YEAH. YOU HAD MENTIONED A COUPLE THAT THE CAVEATS. HAVE YOU HAD ANY MEANINGFUL CONVERSATIONS WITH THE NEIGHBOR? I ATTEMPTED TO CALL THE LEASE ON? IT'S NOTED ON THE NOVEMBER 6TH DOCUMENT ON OCTOBER 28TH, OCTOBER 29TH AND OCTOBER 30TH LEFT MESSAGES WAITED A LITTLE WHILE AFTER THAT BECAUSE I DIDN'T WANT TO KEEP CALLING. MY STATEMENT WAS WRITTEN NOVEMBER 6TH. ON NOVEMBER 12TH, I DID CALL AGAIN, LEFT A VOICEMAIL. NOVEMBER 13TH, I RECEIVED A TEXT MESSAGE APOLOGIZING FOR THE DELAY IN RESPONSE, STATING HE HAD ALSO SPOKEN WITH KYLE ALBERT, THE DESIGNER, BUT HAD MENTIONED THAT HIS STANCE ON NOT WANTING TO HAVE ANY EXCEPTIONS STILL STOOD, SO WE NEVER ACTUALLY SPOKE. I RESPONDED BACK AND SAID I WAS MORE THAN HAPPY TO STILL HAVE A CONVERSATION. DISAPPOINTED THAT WE COULDN'T, BUT APPRECIATED THE MESSAGE BACK. THANK YOU. ANY OTHER QUESTIONS? MR. LEE, WOULD YOU LIKE TO SPEAK? THANK YOU. SO I GUESS JUST A COUPLE OF THOUGHTS IS THAT IF THE OTHER NEIGHBORS WERE, I GUESS, PROVIDING SUPPORT, NOT SURPRISING TO AMANDA AND I, JUST BECAUSE THEY'RE NOT IMPACTED LIKE WE ARE. IT'S NOT NOT THEIR DIRECT BACKYARD LIKE IT IS OURS. I UNDERSTAND THAT, YOU KNOW, THESE FOLKS WOULD LIKE TO PUT A POOL IN THEIR YARD. AND WE WERE IN A SIMILAR SITUATION WHEN WE LIVED IN NEW ALBANY LINKS. BUT HAVING A SMALLER LOT SIZE AND SET UP SIMILAR TO WHAT THE ROSS HAVE WHERE THEY CURRENTLY LIVE. WE WERE IN A POSITION WHERE WE JUST HAD TO MOVE TO GO FIND A PLACE IN A HOUSE IN A LOT THAT WAS MORE ACCOMMODATING TO HAVE A POOL, ESPECIALLY OF THE SIZE OF WHAT THEY'RE TRYING TO TO BUILD. SO I DO UNDERSTAND THAT.
THAT'S THAT'S PRETTY MUCH IT. YOU KNOW, WE JUST FEEL THAT, YOU KNOW, PROPERTY VALUE IS VERY IMPORTANT TO US. YOU KNOW, THE CLOSER TO THAT THAT THAT POOL IS TO OUR YARD, IT'S JUST GOING TO INCREASE THE NOISE, WHICH IS ANOTHER CONCERN THAT GOES ALONG WITH PROPERTY VALUES.
AND THEN JUST THE PRECEDENT THAT IT SETS. I MEAN, THERE'S THREE, THREE HOUSES THAT ARE, I GUESS, TO THE EAST OF WHERE THE ROSS LIVE, THAT IF THIS HAPPENED TO GO THROUGH, WHAT WOULD KEEP ALL THOSE OTHER NEIGHBORS FROM WANTING TO DO SOMETHING SIMILAR? SO JUST THE PRECEDENT THAT IT SETS. SO QUESTION ABOUT PROPERTY VALUE. KEEP TALKING ABOUT PROPERTY VALUE. AND WHAT TELL ME, HELP ME UNDERSTAND WHY YOU THINK IT'S GOING TO DEGRADE YOUR PROPERTY VALUE. SO I THINK JUST WITH HAVING THEIR POOL BEING SO CLOSE TO OUR PROPERTY LINE AND TO OUR POOL AND NOW ENCROACHING IN THAT EASEMENT IS JUST GOING TO BE LESS ATTRACTIVE FOR ANY FUTURE BUYER COMPARED TO WHAT WE HAD THE PICTURES AREN'T VERY. THEY DON'T RESEMBLE EXACTLY WHAT IT LOOKS LIKE IF YOU'RE ACTUALLY OUT THERE ON THE PROPERTY. SO PICTURES CAN BE SOMEWHAT DECEIVING. AND, YOU KNOW, WE PROBABLY OWN, I DON'T KNOW THE EXACT IT'S EITHER 5 OR 10FT ON THE OTHER SIDE OF THE FENCE, INTO THEIR LAND, INTO INTO THEIR LOT. SO, YOU KNOW, THAT POOL IS GOING TO BE BASED ON WHAT THEY HAVE DRAWN AND WHAT THEY WERE WANTING TO DO IS REALLY GOING TO ENCROACH ON HOW WE WANT TO USE OUR BACKYARD JUST FOR PEACE AND QUIET AND THAT TYPE OF THING. SO YOU UNDERSTAND THAT THERE'S PRECEDENCE AT THAT PROPERTY WHERE WE'VE ALREADY APPROVED A PATIO, RIGHT? SO YOU UNDERSTAND THAT THAT'S ALREADY BEEN APPROVED BY IT WAS BEFORE MY TIME ON THIS BOARD. BUT RIGHT. IT'S PRECEDENCE BEFORE PROBABLY EVERYONE ON THIS BOARD. RIGHT. SO THAT'S WHERE I'M STRUGGLING A LITTLE BIT IS BALKING ON NOT APPROVING SOMETHING THAT A PREVIOUS BOARD HAS APPROVED. SO IS IT IS IT PROXIMITY TO YOUR HOUSE OR IS IT JUST SIMPLY THE NOISE THAT COULD POTENTIALLY BE GENERATED FROM A POOL? BECAUSE, I MEAN, ARGUABLY YOU COULD HAVE PARTIES ON THAT PATIO EVERY NIGHT AND IT WOULD BE THE SAME PARTIES. BUT I MEAN, PEOPLE ARE GOING TO USE THEIR YARD. WE EXPECT PEOPLE TO USE REGARD.
I'M NOT SAYING YOU CAN'T HAVE A POOL, RIGHT. IT'S JUST THAT AND I WAS ONE THAT I SPOKE WITH HIS
[00:15:05]
WIFE AND I WAS FINE WITH THAT. I'M LIKE, I DON'T CARE IF YOU PUT PATIO ON IT. I RECALL THE CONVERSATION. YOU CAME TO THE HOUSE, WE TALKED ABOUT IT. I WASN'T GOING TO SAY ANYTHING. I DIDN'T GO TO THE MEETING. I DIDN'T DIDN'T PROVIDE ANY PUSHBACK THERE. I JUST THINK A POOL PROVIDES A WHOLE DIFFERENT LEVEL OF NOISE THAN A PATIO. AND YOU GOT YOU GOT YOU GOT SOMETHING COOL, RIGHT? PARDON ME? YOU HAVE A POOL, TOO. WE DO HAVE GROWN CHILDREN NOW. WE DON'T. I MEAN, I GUESS YOU CAN TELL ME IF OUR KIDS ARE LOUD, BUT I, WE NEVER REALLY EVEN USE.OUR KIDS ARE ACTUALLY VERY QUIET. THEY'RE JUST. LET'S FINISH HERE. WE'LL GIVE YOU GUYS A CHANCE TO REBUTTAL. WE TRY TO BE VERY RESPECTFUL, BUT, YOU KNOW, I MEAN, THEY HAVE LITTLE ONES AND I WANT THEM TO USE THEIR YARD. I MEAN, I DON'T EXPECT IT TO CONSTANTLY BE LIKE HUSH HUSH, BUT IT'S IT'S DEFINITELY I MEAN, THEY HAVE A TRAMPOLINE IN THEIR BACKYARD CURRENTLY AND IT'S IT'S DEFINITELY IMPACTED. IT'S IT'S NOISY. I MEAN, IT JUST IS WHAT IT IS. MAYBE WE SHOULD HAVE DONE OUR DUE DILIGENCE ON, YOU KNOW, PUTTING A POOL IN BEFORE WE DID IT BECAUSE IT I MEAN, IT'S IT'S DEFINITELY GOING TO IMPACT THE VALUE OF OUR, YOU KNOW, IF WE GO TO SELL SOMEDAY AND THEY'RE, YOU KNOW, IF THE ROTHS HAVE A POOL AND THEN I'M NOT SURE WHAT THEIR NAMES ARE BESIDES THEM, YOU KNOW, AND IT JUST KEEPS GOING. IT'S GOING TO FEEL LIKE NEW ALBANY PLAIN TOWNSHIP RIGHT THERE, AFTER POOL AFTER POOL AND JUST CHANGE.
CHANGE. I DON'T I MEAN, SOME LOTS ARE JUST TOO SMALL FOR THAT ACCOMMODATION. WE LIVED IN THAT SITUATION AND WE HAD TO GO FIX IT BECAUSE WE WANTED TO HAVE A POOL. I MEAN, THERE'S ROOM FOR THEM TO HAVE A POOL WITHIN THE GUIDELINES OF WHAT WHAT THE LAND WILL ALLOW WITH THE LOT WILL ALLOW ON THE PROPERTY VALUE FRONT HAVE. I'M GOING TO GO A STEP FURTHER HERE.
HAS THERE BEEN ANY RESEARCH OR HAVE YOU LOOKED INTO THE SPECIFIC DIMINISHED VALUE THAT YOU'LL EXPERIENCE? NO. OKAY. I THINK WE'RE JUST APPROACHING IT FROM LIKE A NOISE LEVEL. AND, YOU KNOW, I MEAN, SO OKAY, OKAY. MR. ROTH, DO YOU HAVE ANY REBUTTAL TO THAT? I GUESS, RESPECTFULLY, JUST TO ANSWER AMANDA'S QUESTION. CORRECT. THERE HASN'T BEEN TREMENDOUS AMOUNT OF NOISE. I MEAN, THERE HAS BEEN TIMES WHERE THERE'S BEEN PARTIES AND STUFF FROM HER YARD, AND WE JUST DEAL WITH IT. IT'S OKAY. THERE'S BEEN TIMES THAT IT'S GONE LIGHT. THERE'S BEEN TIMES THAT IT HASN'T, BUT IT'S NEVER BOTHERED US. THAT'S WHAT NEIGHBORS DO. BUT IN TERMS OF THE PROPERTY VALUES, THE RESEARCH, I DID REACH OUT TO THREE REALTORS IN THE NEW ALBANY AREA JUST TO ASK HYPOTHETICAL, BECAUSE I THOUGHT, WHY NOT? AND AND THE BIGGEST RESPONSE FROM THEM WHEN DESCRIBING THE SITUATION WAS THERE WOULD BE AN ARGUMENT IF THEY DIDN'T HAVE THEIR OWN POOL, BUT THERE'S NOT GOING TO BE ANYONE THAT WOULD BE HESITANT TO BUY A HOUSE THAT WHERE THERE'S A POOL BEHIND THEM, WHEN THERE'S AN EXISTING POOL THAT ALREADY EXISTS ON PROPERTY, ESPECIALLY WITH THE AMOUNT OF SCREEN EDGE. PERMISSION TO SHARE ANOTHER SET OF PHOTOS. THIS WOULD BE FROM THE STREET WHEN IT'S CLOSED, SO YOU CAN SEE THE FRONT OF THE HOUSE. YEAH, SO DOES STAFF. DO YOU HAVE THESE PHOTOS? THIS IS NEW.
YEAH, WE NEED TO. YEAH. I'M SORRY. I THINK WE NEED THE STAFF TO REVIEW THEM FIRST.
YEAH. I'M SORRY KYLIE, THIS IS JUST A I WANTED TO INCLUDE THESE JUST BECAUSE IT KIND OF SHOWS YOU CAN'T SEE THE YARDS FROM ONE ANOTHER. THERE'S SO MUCH SCREEN, AND WE'RE ONLY GOING TO SUPPLY EVEN MORE SCREEN. WE CAN'T CONTROL THE NOISE. I MEAN, WE WILL, BUT OUT OF ALL THE GREENS ON THAT LETTER OF APPROVAL, THERE'S 20 KIDS UNDER THE AGE OF EIGHT, SO THERE'S NO SAFETY CONCERNS. WE'RE DEFINITELY NOT GOING TO HAVE THEM OVER OUR HOUSE AT THE SAME TIME, THAT'S FOR SURE. BUT YOU KNOW, WE'LL HAVE THE KIDS USE THE POOL AS THEY WOULD, BUT WE'RE ALWAYS GOING TO BE RESPECTFUL FROM OUR NEIGHBORS. EVEN JAN HALE, WHO LIVES IN THE YELLOW, THE HOUSE THAT WAS YELLOW, SHE TALKED ABOUT ALL HER GRANDCHILDREN COME OVER AND PLAY IN THE POOL, AND SHE HOPES THAT IT WORKS OUT. AND WE HEAR THE NOISE ALL THE TIME. IT'S JUST KIDS BEING KIDS, SO IT'S NOT A CONCERN WITH US. WE'LL BE RESPECTFUL, BUT WE CAN'T CONTROL IT. LIKE I MENTIONED, WE DO HAVE A TRAMPOLINE. IT WON'T FIT IF WE DO THIS PROJECT, SO THAT'LL GO AWAY. BUT NO DIFFERENCE IN NOISE VERSUS SOMETHING LIKE THAT VERSUS A POOL. BUT THAT'S ALL I REALLY WANTED TO ADD. I KNOW WE HAVE NEIGHBOR SUPPORT FROM A LOT OF FOLKS. STILL WISH WE WOULD HAVE BEEN ABLE TO HAVE A CONVERSATION A LITTLE BIT ON THE FRONT END, BUT WE ARE WHERE WE ARE TONIGHT, AND I APPRECIATE YOU GUYS LISTENING MORE TO THE, YOU KNOW, THE CASE JUST QUICKLY. AND I KNOW THERE'S A LITTLE BIT IN OUR STAFF REPORT, BUT COULD YOU KIND OF SHOW US THE EXTRA LANDSCAPING THAT MIGHT GO IN.
YEAH. SO WE'RE THE FENCE. YOU CAN GO TO THE OTHER PAGE WHICH SHOWS MORE OF THE. OH NO, THE DESIGN PAGE. I THOUGHT THERE WAS ONE THAT WAS A LITTLE MORE DETAILED, BUT THE DESIGN PAGE IS GOOD. SO THAT'S ME. SO BASICALLY. YEAH, THAT'D BE GREAT. BASICALLY IN FRONT OF THE FENCE IS GOING TO GO THREE FEET OFF AND THEY'LL BE EXISTING LANDSCAPE. THAT ALL
[00:20:03]
GOES IN FRONT OF THE FENCE. AND WE'RE GOING TO PUT SOME BEHIND IT WITHIN THAT THREE FEET TO WE NEED TO WORK WITH THE CITY ENGINEER FIRST TO MAKE SURE THAT WE DO WHAT THEY WANT. BUT AS JIM AND I SPOKE, WE WANT TO MAKE SURE WE CAN DO EVERYTHING THAT WE CAN TO KEEP ADDITIONAL SCREENING UP. PROBABLY BUILD SOME OF THOSE TALL TREES UP AND, YOU KNOW, DO EVERYTHING FIRST AND FOREMOST TO WHAT THE CITY ENGINEER IS RECOMMENDING. AND THEN, YOU KNOW, MAKE SURE THAT IT'S APPROVED. BUT THERE'S GOING TO BE A LOT OF SCREENING, A LOT OF LANDSCAPING. WE WANT TO JUST COMPLIMENT WHAT ALREADY EXISTS THERE. ONE OF THE REASONS WHY MY WIFE AND I BOUGHT THIS HOME IS BECAUSE IT DIDN'T LOOK LIKE A TYPICAL NEW ALBANY BACKYARD, WHERE SOMETIMES WITH THE NEWER DEVELOPMENTS, YOU SEE RIGHT BEHIND SOMEONE'S, YOU KNOW, INTO SOMEONE'S BACKYARD. WE HAVE SOME BEAUTIFUL SCREENS ALREADY AND WE JUST WANT TO COMPLIMENT THAT, BUT IT'LL IT'LL KIND OF LINE UP ALL AROUND IT. AND QUESTION FOR STAFF WHAT TYPICALLY WOULD BE USED. WOULD THEY BE ARBORVITAE OR ON A PAGE. YEAH. THAT'S I'LL LET THEM SPEAK TO WHAT THEY'RE PROPOSING TO USE. BUT YEAH WHEN WE'VE LOOKED AT SIMILAR APPLICANT RESIDENTIAL SCREENING APPLICATIONS, TALLER ARBORVITAE SEA GREEN JUNIPER PLANT MATERIAL HAS BEEN USED. BUT I'LL LET THEM TALK TO I CAN'T READ THAT LIST UP THERE ON THE TOP LEFT, BUT I'LL LET THEM SPEAK TO THAT. YEAH, BUT THAT ENTIRE BACK WOULD BE EITHER SOME EXISTING AND SOME ADDITIONAL. YEAH, WE'RE NOT GETTING RID OF ANYTHING THAT EXISTS TODAY ANYWHERE NEAR THE EASEMENT OR ANYWHERE NEAR THE PROPERTY LINES ON OUR SIDE.WE'RE JUST GOING TO ADD TO IT. THANK YOU. AND EVEN WHEN YOU SEE EAST AND WEST, YOU SEE THE SAME THING IN TERMS OF SCREENERS THAT WE HAVE ON BOTH SIDES, WHERE THE POOL UTILITY IS GOING. BASED ON THE SLOPE OF THE YARD AND HOW THINGS KIND OF FLOW DOWN. NATURALLY. IT SEEMS TO BE THE BEST SPOT. BUT JIM AND KYLE ALBERT HAD RECOMMENDED, WE TALKED ABOUT GOING UP HERE TOO, BUT HAD IT OVER HERE. IS THAT NEAR OUR YOUR POOL EQUIPMENT IS KIND OF LIKE THEIR.
YEAH, THAT MAKES SENSE. YEAH YEAH YEAH SIMILAR TO THEIRS YOU KNOW SCREENING OVER THAT AS WELL. YOU CAN'T SEE IT. YOU CAN'T SEE YOU WON'T BE ABLE TO SEE IT. SO WHO FROM THE TOWN DETERMINES WHAT SUFFICIENT FOR SCREENING. WHO WILL DO THAT. THE CITY ENGINEER. REALLY? ANYTIME WE'RE WORKING IN AN EASEMENT, WE WOULD JUST WANT TO MAKE SURE THAT, AGAIN, WE'RE AVOIDING ANY EXISTING LINES, IF THERE ARE ANY. WE KNOW NOW THAT THERE ARE NOT ANY LINES DOWN THERE, BUT SOMETIMES OVER TIME, THESE AREAS GET USED FOR MAYBE INTENTIONALLY BUT UNINTENTIONALLY USED FOR DRAINAGE RUNOFF FROM THE HOMES. SO WE USUALLY LIKE TO WORK WITH APPLICANTS JUST TO MAKE SURE THAT THEY'RE SITED APPROPRIATELY AND NOT TO INTERFERE WITH ANY OF THAT. AND DO YOU EVER WORK WITH THE NEIGHBOR TO MAKE SURE IT'S SUFFICIENT FOR THE NEIGHBORS? WE HAVE HAD SIMILAR CONDITIONS OF APPROVAL PUT ON THAT. THEY WERE TOGETHER TO COME UP WITH THAT WITH THE DESIRED LANDSCAPE TREATMENT. AND THEN WE EVALUATE THAT. YES. OKAY. MR. SCHULTZ, YEAH. JUST FOR THE RECORD, THE STAFF REPORT SAYS THE POOL EQUIPMENT IS PROPOSED TO BE THREE FOOT SIX INCHES AWAY FROM THE WEST SIDE OF THE PROPERTY LINE. IT IS MY UNDERSTANDING THAT THE NEIGHBOR TO YOUR WEST IS OKAY WITH YOUR PROPOSAL.
YEAH, THE NATASHA THEY'VE SIGNED THOSE AND THE SHIFTS ON THE OPPOSITE SIDE IS ALSO SIGNED. THAT WAS MY NEXT QUESTION. YOU'RE FIVE FEET AWAY FROM THEM AND THEY ARE ALSO OKAY. YEAH. AND IF YOU PULL THOSE EAST WEST PHOTOS UP AGAIN, YOU'LL SEE THE SIGNAGE THAT ALREADY EXISTS. BUT WE ACTUALLY AS NEIGHBORS BOTH PLANTED TOGETHER BECAUSE IT'S KIND OF RIGHT IN THE MIDDLE OF BOTH OUR PROPERTY LINES. THE OTHER VIEW. SEE THESE WE'VE ADDED SINCE WE'VE LIVED THERE. AND THE AND ON THE OTHER SIDE, THE SAME THING IF YOU FLIP. YEP. THERE'S THERE'S A SIMILAR YOU CAN'T SEE IT ON THAT SIDE. BUT WE'LL MAKE SURE WHEN THIS GOES UP WE, WE WORK WITH THEM ON WHAT TO DO. AND AGAIN THEY'VE SIGNED A LETTERS OF SUPPORT. AND THEY ALSO HAVE YOUNG KIDS. SO NO SAFETY CONCERNS FROM THAT STANDPOINT WITH THE WITH THE FENCE, WITH THE AUTO COVER AND ALL THAT. WE'RE YOU KNOW, MY KIDS ARE YOUNG, SO WE'RE MAKING SURE THE SAFETY SIDE IS COVERED. ANYTHING TO ADD ANYONE? ANY QUESTIONS FROM THE BOARD? IS THERE A MOTION ON THIS BEFORE YOU MAKE A MOTION ON THAT? I THINK YOU ACCEPTED THE DOCUMENTS INTO THE RECORD BEFORE YOU GOT THE MOST RECENT PICTURE. SO MAKE SURE YOU INCLUDE THAT IN THE RECORD. SO DO WE HAVE TO REVISE THAT? REVISE THAT. SO IS THERE A MOTION TO ACCEPT THE REVISED STAFF REPORT THAT INCLUDES THE ADDITIONAL PICTURES. SO MOVED
[00:25:01]
SECOND. MR. JACOB. YES, MR. WOOD? YES. MISS SAMUELS YES. MR. SHELL YES. MR. YES, YES.HABIT. MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS AS REVISED. OKAY. THANK YOU. ALL RIGHT. I'M JUST GOING TO COME DOWN TO ME. I'M GOING TO MOVE TO APPROVE APPLICATION VARIANCE 86 2025 WITH THE CONDITIONS OUTLINED BY STAFF, WHICH IS THE HOME OWNER ENTERS IN A HOLD HARMLESS AGREEMENT. YOU KNOW THAT MEANS YEAH OKAY. AND THEN THE APPLICANT WILL WORK WITH THE CITY ENGINEER FOR LANDSCAPING WITHIN THE EASEMENT. SECOND. MR. YES. MR. JACOBS? YES. MISS SAMUELS. YES. WITH COMMENT. I THINK I JUST WANT TO. ADD A LITTLE NARRATIVE HERE.
THIS SEEMS TO BE A CONTENTIOUS SITUATION BETWEEN NEIGHBORS. AND WE HATE HATE TO SEE THAT AS THE BOARD IS VOTING RIGHT NOW, I'M JUST GOING TO BRING UP SOMETHING THAT WE USE AS A RUBRIC CALLED DUNCAN FACTORS. AND IN EVALUATING WHETHER THIS VARIANCE IS IN LINE WITH THE SPIRIT OF THE ZONING CODES, AS WELL AS IF IT'S ANY SIGNIFICANT IMPACT OR IF THERE ARE SPECIAL CIRCUMSTANCES. ALL OF THOSE WERE NOTED AS PRESENT IN THIS IN THIS SITUATION. SO I WANT YOU TO UNDERSTAND THAT IT'S IT IS A FINITE RUBRIC THAT WE GO BY AS WE'RE EXPLORING THESE.
AND I WILL NOTE THE SPECIAL CIRCUMSTANCES AND ALSO THE ALIGNMENT WITH THE SPIRIT AND ALSO THE WILLINGNESS OF THE APPLICANT TO ALIGN WITH THE CONDITIONS THAT WERE SET OUT BY STAFF AS RATIONALE FOR MY. YES. AND I'M SO SORRY THAT I'M ON MONDAY. JOIN THE CLUB. MR. SHOW.
YES. AND I WOULD JUST SAY AS A FOLLOW UP WITH THE PREVIOUS BOARD ADDING A VARIANCE A NUMBER OF YEARS AGO TO ADD THE PATIO, JUST THINK WOULD BE A LITTLE UNIQUE FOR US TO TO NOW ALL OF A SUDDEN CHANGE TUNE AND AND SAY NO WITH THE SPECIAL CIRCUMSTANCES OF THE LAWN. AND MR. WOOD I'M A NO. THE AYES HAVE IT. THE MOTION PASSES WITH FOUR VOTES IN FAVOR AND ONE VOTE AGAINST. APPROVAL OF THE VARIANCE. FOR THE RECORD, CAN YOU EXPLAIN THE NO. THE RATIONALE? YEAH, I JUST REVIEWED THE FACTORS. AND BASED UPON THAT, YOU KNOW, I THINK THAT FIRST OF ALL, LET ME SAY I RESPECT WHAT YOU'RE DOING. I REALLY DO. AND AND HOPE THAT IT WORKS OUT FOR YOU. BUT FROM MY VIEW, I JUST FELT THAT SOME OF THE FACTORS WEIGHED IN FAVOR OF A NO. YOU KNOW, AND PARTICULARLY, I MEAN, WE TALKED TO THE NEIGHBORS. IT COULD BE A SUBSTANTIAL CHANGE TO THE NEIGHBORHOOD. AND THEN I DO WANT TO ADDRESS WE'VE TALKED ABOUT THE VARIANCE ON THE PATIO, BUT THE ORDINANCE DOES TREAT THE VARIANCE DIFFERENTLY. THOSE VARIANCES DIFFERENTLY BETWEEN DECK PATIOS AND POOLS. AND SO THERE IS A LITTLE BIT OF A DIFFERENCE THERE IN LOOKING AT THOSE. THANK YOU. OKAY. CAN WE GET ALL OUR VOTES IN OKAY.
THANK YOU. CONGRATULATIONS. THANK. EVERYONE'S FREE TO GO I THINK WE HAVE OUR NEXT BID ON
[VII. Other business]
OUR AGENDA IS ANY OTHER BUSINESS. WE DON'T HAVE ANY ANY OTHER BUSINESS. WE DO WANT TO JUST REMIND THE BOARD I THINK I MENTIONED THIS LAST TIME, BUT I KNOW I SAW SOME OF YOUR FACES IN THE THE HEADSHOTS. SO THANKS EVERYONE FOR STOPPING BY. WHO WAS ABLE TO PARTICIPATE IN THAT? IF YOU WERE NOT ABLE TO PARTICIPATE IN THAT FIRST ROUND OF HEADSHOTS, WE WILL BE WORKING ON A MAKEUP DATE. WE'LL SEND THAT OUT TO YOU GUYS WHEN WE'VE IDENTIFIED THAT DATE. WE ALSO HAVE THE VOLUNTEER APPRECIATION EVENT ON DECEMBER 9TH AT 5:00 AT BROOKHOUSE BLUE.IT'LL BE SOME HEAVY APPETIZERS PROVIDED. IT'S A RECOGNITION OF ALL THE WORK THAT YOU GUYS DO.
SO WE HOPE THAT YOU YOU STOP IN. WHAT'S THE DATE ON THAT? THAT IS DECEMBER. MAKE SURE YOU TELL US RIGHT. YEAH DECEMBER 9TH 5:00 AT BROOKHOUSE BLUE WHICH IS. WE CAN SEND YOU THE ADDRESS I CAN'T REMEMBER THE I KNOW, BUT. OH. DECEMBER 9TH. OKAY. OKAY. ANY OTHER COMMENTS
[VIII. Poll members for comment ]
[00:30:10]
QUESTIONS? MR. CHAIR, IF YOU'LL INDULGE ME FOR A SEC, I JUST I DON'T KNOW IF WE'RE MEETING NEXT MONTH. HOWEVER, I WOULD BE REMISS IF I DID NOT BID FAREWELL TO OUR LIKELY OUTGOING MEMBER, MR. SHELL, AS HE MOVES ON TO THE TOWNSHIP IN HIS ROLE AS INCOMING TOWNSHIP TRUSTEE. I HAD THE PRIVILEGE OF MEETING. HE WAS ONE OF THE FIRST FOLKS I MET WITH BEFORE EVEN MOVING TO THIS TOWN, AND WHEN I JUST WANTED TO DIP MY TOE INTO COMMUNITY EVENTS, HE WAS VERY WELCOMING. AND THE THE KEY THING THAT I, I ALWAYS GET A KICK OUT OF THAT. I, I'M VERY CONFIDENT HE'S GOING TO CARRY OVER INTO HIS ROLE AS TOWNSHIP TRUSTEE, AS HIS FAMOUS QUESTION THAT HE ASKED EVERY MONTH, WHICH IS, YOU KNOW, HOW DO THE NEIGHBORS FEEL? AND FRANKLY, I THINK THIS CASE IS VERY REFLECTIVE OF WHAT WE NEED TO CONTINUE TO FOCUS ON WITH OUR VARIOUS ROLES. SO WITH THAT, I JUST WANT TO THANK HANS FOR HIS SERVICE TO THIS BOARD. THANK YOU FOR YOUR INSTITUTIONAL KNOWLEDGE, ESPECIALLY ON THE PLANNING COMMISSION, AND BEST OF LUCK. THANK YOU VERY MUCH, I APPRECIATE IT. SECOND OUT. YEAH, AND HANS IS A REALLY GOOD BASKETBALL PLAYER. I WANT TO PUT THAT OUT THERE. I PLAYED BACK WHEN THERE WAS THE OLD MAN BASKETBALL LEAGUE. WE PLAYED ALL THE TIME. HE CAN SHOOT, HE CAN SHOOT, HE CAN SHOOT A BASKETBALL. YEAH, I THINK JEREMIAH'S GOTTA TELL HIM. INDONESIA. ALL RIGHT. IS THERE A MOTION TO ADJOURN THE MEETING FOR TONIGHT? SO MOVED. SECOND, MISS SAMUELS? YES, MR. WOOD? YES. MR. YES. MR. JACOB. YES. AND MR. Y* This transcript was compiled from uncorrected Closed Captioning.