[I. Call to order]
[00:00:08]
TO GET STARTED. WELCOME, EVERYBODY, TO THE NEW ALBANY BOARD OF ZONING APPEALS MEETING JUNE 22ND, 2026. THE FIRST ITEM ON OUR AGENDA IS THE ROLL CALL. MR. PRESIDENT, MR. JACOB, PRESENT MISS SAMUELS, MR. WOOD, PRESENT. MISS BRIGGS HERE. COUNCIL MEMBER. BRISK HERE.
THERE ARE FOUR FOUR VOTING MEMBERS PRESENT. WE HAVE A QUORUM. OKAY. THANK YOU. THE
[III. Action on minutes]
NEXT ITEM ON OUR AGENDA IS ACTION ON THE MEETING MINUTES DATED APRIL 27TH, 2026. ARE THERE ANY CHANGES, UPDATES, CORRECTIONS TO THE MEETING MINUTES? MR. CHAIRMAN, I MOVE TO ACCEPT THE MINUTES OF THE APRIL 27TH BOARD OF ZONING APPEALS MEETING. I SECOND THAT MOTION. MR. JACOB. YES. MR. WOOD YES, MISS BRIGGS YES. MR. LUSHNESS YES, THE AYES HAVE IT.THE MOTION PASSES WITH ALL VOTES TO APPROVE THE MINUTES AS SUBMITTED. OKAY. THANK YOU. THE
[IV. Additions or corrections to the agenda]
NEXT ITEM ON OUR AGENDA IS ANY ADDITIONS OR CORRECTIONS TO THE AGENDA OR ANY SWEARING IN OF OUR WITNESSES TONIGHT. ANY CHANGES? UPDATES? I'D JUST LIKE TO CALL THE BOARD'S ATTENTION TO IAN SUBBING FOR LAW DIRECTOR ALBRECHT TONIGHT. WELCOME, IAN. ANY CHANGES TO THE AGENDA AT ALL? NO. OKAY. ANY WITNESSES? APPLICANTS THAT WISH TO SPEAK TONIGHT. PROCESSES WE NEED TO SWEAR YOU IN. SO IF YOU COULD STEP UP TO THE MIC, STATE YOUR NAME AND WE'LL SWEAR YOU IN.ACTUALLY, LET'S DO YOU ALL AT THE SAME TIME. JUST STATE YOUR NAME FOR THE RECORD, PLEASE.
BRIAN JONES, BRIAN MURDOCH, RICH. TAYLOR, DENNIS. GOOD NIGHT. NEED TO RAISE YOUR RIGHT HAND. AND DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? OKAY. THANK YOU. BE
[VI. Cases]
SEATED. ALL RIGHT. TWO CASES TONIGHT. WE'RE GOING TO START WITH VARIANCE 3420 264326 OLMSTED ROAD SETBACK VARIANCE A VARIANCE TO ALLOW A PORTION OF A NEW HOUSE TO ENCROACH 20FT INTO A REQUIRED 30 FOOT YARD BUILDING SETBACK ON APPROXIMATELY 0.45 ACRE SINGLE FAMILY RESIDENTIAL LOT. AT 4326 OLMSTED ROAD. HERE. THE STAFF REPORT, PLEASE. YES, AND GOOD AFTERNOON. THIS IS THE LOT IN THE NEW ALBANY COUNTRY CLUB. SECTION FIVE. YOU CAN SEE IT IS SOUTH OF THE VILLAGE CENTER BETWEEN JOHNSTOWN ROAD AND 605 IS JUST OUT OF VIEW HERE.THERE'S A CLOSE UP OF THE PARCEL, AND I WANTED TO NOTE A FEW THINGS FOR YOU, INCLUDING THIS LEISURE PATH THAT COMES CLOSE TO THE LOT. THIS ENTIRE ADJACENT RESERVE THAT ABUTS THE LOT ON TWO SIDES. THIS IS FENWAY PARK ON THE SIDE HERE. AND THEN THERE ARE DENSE TREES AS WELL. AND I ALSO THOUGHT I'D POINT OUT THE SHAPE OF HOMES IN THE VICINITY WITH THIS L SHAPE, WHICH YOU CAN KIND OF SEE HERE AS WELL. SO THIS SHOWS THE EXISTING SITE AND THE PROPOSED SITE PLAN. THE APPLICANT PROPOSES A BRAND NEW HOM WITH AN ATTACHED GARAGE THAT WILL ENCROACH 20FT INTO THE 30 FOOT YARD REAR YARD SETBACK. THE REAR IS LESS VISIBLE FROM THE STREET AND WHILE BEING NEXT TO FENWAY CAUSES THERE TO BE MORE VISIBILITY FROM THAT LEISURE PATH, IT ALSO HAS LESS POTENTIAL TO CONFLICT WITH OVERCROWDING, WHICH THERE WOULD BE IF THERE WERE OTHER HOMES NEXT TO THIS PARCEL. HOWEVER, THIS HOUSE CONFIGURATION CAN BE CHANGED TO FIT THE THE SETBACKS. THIS SHOWS THE ELEVATIONS OF THE ATTACHED GARAGE PORTION. SO THIS WILL LOOK A LITTLE BIT DIFFERENT BECAUSE IT IS ATTACHED TO THE MAIN HOME. BUT THE MAIN POINT OF THIS IS TO SHOW THE FRONT ELEVATION AS BEING ONE STORY, AND THE REAR IS TWO STORIES. AND YOU CAN KIND OF SEE IT'S ABOUT HALFWAY INTO THE SETBACK OR INTO THE GARAGE PORTION. HERE IS WHERE THE SETBACK IS. SO THAT TWO STORY PORTION WILL BE ENCROACHING INTO THE SETBACK. THIS ENTIRE HOUSE AND THIS PORTION OF THE GARAGE IS WELL DESIGNED. IT LIKELY WON'T NEGATIVELY AFFECT THE NEIGHBORHOOD CHARACTER, BUT IT DOES APPEAR TO BE SUBSTANTIAL. AND THIS IS JUST A QUICK SUMMARY. THERE IS AGAIN REDUCED RISK OF OVERCROWDING DUE TO THE PARK, BUT IT COULD STILL DISRUPT VISUAL COHESION BETWEEN PROPERTIES. SIMILAR VARIANCES ARE MOSTLY APPROVED FOR CORNER LOTS OR LOTS, WITH SIMILAR UNIQUE SITE CONSTRAINTS. THE REQUEST DOES APPEAR SUBSTANTIAL AND APPROVAL MAY CONFER SPECIAL PRIVILEGE UPON THE APPLICANT. THERE IS ONE RECOMMENDED CONDITION OF APPROVAL THAT THAT DETACHED STRUCTURE THAT'S SHOWN IN SOME OF THE SITE PLANS BE ATTACHED AS SHOWN HERE. I'M
[00:05:03]
HERE. THE APPLICANT IS HERE IF YOU HAVE ANY QUESTIONS. OKAY. IS THERE A MOTION TO ACCEPT STAFF REPORT INTO RECORD. SO MOVED. SECOND. MR. JACOB. YES. MR. WOOD YES. MISS BRIGGS. YES.MR. YES. MOTION PASSES. THE AYES HAVE IT WITH ALL VOTES TO ACCEPT THE DOCUMENTS INTO THE RECORD. OKAY. DO WE HAVE ANY QUESTIONS FOR STAFF FOR. AND I CAN START. IF NO ONE HAS QUESTIONS, GO FOR IT. OKAY, SO I HAVE A QUESTION ABOUT THIS STRUCTURE HERE. WHAT IS THAT, A RAISED STRUCTURE ALREADY? YEAH. AGAIN, BRIAN JONES, THE ARCHITECT FOR THE PROJECT THAT IS A RAISED STRUCTURE WITH A PERGOLA THAT IS WITHIN THAT SETBACK ZONE. SO STAFF, WAS THERE A IS THERE A PRECEDENCE HERE THAT WE ACCEPTED THIS OR SOME BOARD ACCEPTED THIS STRUCTURE AT ONE POINT? THERE ARE DIFFERENT SETBACK REQUIREMENTS FOR BUILDINGS VERSUS ACCESSORY STRUCTURES OR PAVER PATIOS, WHICH JUST MOSTLY IS IN PERGOLAS AS WELL. I BELIEVE IT'S 1515 FOOT REAR YARD SETBACK FOR PERGOLAS AND SIMILAR STRUCTURES. SO IT APPEARS THAT IT ISN'T ENCROACHING INTO THAT REQUIRED SETBACK. AND SO IT IS CONFORMING AT THE MOMENT. BUT BUILDING UP AND ATTACHING A BUILDING WOULD BE A DIFFERENT SETBACK. SO IS THE IS THAT EDGE SAME AS THIS EDGE. I CAN LET THE APPLICANT SPEAK TO IT AS WELL. BUT YEAH, IT APPEARS THAT IT KIND OF GOES OVER WHERE THIS, THIS KIND OF STRUCTURE IS, WHICH EXISTS RIGHT NOW. YES. OKAY. SO SO ARE WE ASKING FOR MORE SPACE THAN WHAT THIS IS ALREADY TAKING UP? WE WOULD PROBABLY NEED TO DO SOME SPECIFIC ASK FOR VERIFICATION, BUT I THINK IT'S VERY, VERY CLOSE. OKAY. SO SO THE INTENT IS TO STAY WITHIN THE BOUNDARIES OF THIS EXISTING STRUCTURE. I BELIEVE IT'S RAISED BECAUSE I REMEMBER RUNNING BY THERE. I BELIEVE IT'S A RAISED STRUCTURE TO THAT. OKAY, OKAY, OKAY, I HAVE ONE JUST QUICK FOLLOW UP FROM THAT. DO WE AND I'M NOT SURE IF MAYBE THIS IS A STAFF OR THE APPLICANT QUESTION, BUT DO WE KNOW HOW LONG THAT STRUCTURE HAS BEEN THERE? WAS IT INSTALLED WHEN THE HOME WAS ORIGINALLY BUILT? WAS IT INSTALLED FIVE YEARS AGO? DO WE KNOW? ANY TIMING ON THAT? I DON'T KNOW IF THE APPLICANT IS AWARE. I'M NOT SURE. I'VE GOT MY HEAD WHAT I CAN SPEAK TO. HAVING DONE ARCHITECTURE IN THE COMMUNITY FOR A VERY LONG TIME IS THE EARLY ZONING CODES IN THE DISTRICT ALLOWED FOR ANCILLARY STRUCTURES WITHIN TEN FEET OF THE REAR YARD, SO I SUSPECT THAT PROBABLY OCCURRED AT A TIME WHEN IT WAS SORT OF UNDER THAT ZONING CRITERIA. THANK YOU. THIS IS THE QUESTION THAT WE ALWAYS ASK IS THAT THE NEIGHBORS. HAVE THE NEIGHBORS BEEN AWARE OF THIS PROPOSAL, AND ARE THEY I THINK I SAW AN EMAIL IN HERE FROM ONE OF THE NEIGHBORS SUPPORTING IT. WHICH NEIGHBOR WAS THAT? AND THE NEIGHBOR TO THE RIGHT IS DOCTOR DURBIN AND HIS WIFE. AND WE ACTUALLY HELPED THEM WITH THEIR HOME A COUPLE DECADES AGO AND WORKED WITH THEM ACTUALLY THROUGH THE PROCESS, JUST TO MAKE SURE THAT WHAT WE WERE PROPOSING TO DO WAS DESIRABLE TO THEM. AND DO WE DO WE HEAR FROM ANY OF THE NEIGHBORS AT ALL WITHIN 200FT OR WHATEVER THE REQUIREMENT IS? THERE WAS ONE PERSON EXPRESSING CONCERN ABOUT THE CONSTRUCTION COMING OFF OF THE PARCEL INTO THE PARK, BUT NOTHING AGAINST THE VARIANCE ITSELF. I GUESS I UNDERSTAND WHAT THAT MEANS.
WHAT DO YOU MEAN, CONSTRUCTION COMING INTO THE WITH THE THERE'S GOING TO BE A NEW HOUSE BEING BUILT HERE, AND SO CAN BE DEMOLITION AND NEW BUILD. AND THEY WERE CONCERNED ABOUT CONSTRUCTION EQUIPMENT AND SUCH COMING ONTO THE LEISURE PATH THAT'S RIGHT NEXT TO THE PARCEL.
THAT IS THE INTENT TO USE LEISURE PATHS. NO. WE'LL HAVE BARRIER FENCES THAT PROTECT EXISTING TREES AND MAKE SURE WE CONTAIN, YOU KNOW. BUT IN ADDITION, WITH THE LEISURE PATH GOING ACROSS THE FRONT OF THE HOUSE, BE REALLY DELIBERATE ABOUT HOW THAT'S MANAGED. OKAY.
ALL RIGHT. LAUREN, DID I UNDERSTAND YOU CORRECTLY THAT YOU SAID THAT THERE WAS AN EXCEPTION, THAT THERE HAS BEEN A PRECEDENT IN THE SENSE OF IT FOR CORNER LOT? YES, FOR CORNER
[00:10:01]
LOT. AND THIS WOULD BE THIS IS A CORNER LOT. I MEAN, CORNER LOTS ARE TYPICALLY CONSIDERED TO HAVE TWO FRONT YARDS BECAUSE THEY ARE ON TWO STREETS. OKAY, SINCE THIS ISN'T ON TWO STREETS, IT COULD BE CONSIDERED A CORNER LOT. BUT TECHNICALLY, IN THE SENSE OF CODE, IT IS A STANDARD.GOT IT. THAT'S WHAT I WAS LOOKING FOR. THE GRAY. BECAUSE YOU DIDN'T WHEN YOU EXPLAINED THAT, YOU DIDN'T SAY IN THIS CASE IT WOULD BE OKAY. RIGHT, I UNDERSTAND, THANKS. THIS IS FOR SO WAS THERE. BUT FOR THIS TYPE OF LOT, WE'VE NEVER APPROVED THIS FAR OF A, YOU KNOW, ENCROACHMENT INTO THE SETBACK OFF TOP OF MY HEAD. YEAH, YEAH. NOT THAT I'M AWARE OF. YEAH.
EIGHT YEARS THAT I'VE BEEN HERE. NO. OKAY. FOR THE APPLICANT. I KNOW I SAW A DRAWING WHERE THERE WAS A POOL AND I READ WHERE THERE WAS, YOU KNOW, THAT'S POTENTIAL. ARE THERE ANY OTHER PLANS TO GO? YOU KNOW, SO ONCE THIS VARIANCE IS GRANTED, IF IT'S GRANTED, THEN IS THERE ANY PLANS TO GO INTO THERE AGAIN FOR ANY OTHER STRUCTURES OR IS THIS IT AS FAR AS YOU KNOW, RIGHT NOW WE'VE DONE SOME CONCEPTUAL LANDSCAPE PLANS, BUT WE HAVEN'T GOTTEN THAT FAR IN THE PROCESS. BUT IT IS HOPE THAT WE CAN KIND OF SEE ON THE SITE DIAGRAM THAT THERE'S A POOL IN THE CAVE. SO BUT WE ARE AWARE OF WITHIN THE COMMUNITY, A NUMBER OF HOUSES THAT HAVE EXISTING STRUCTURES THAT ARE WITHIN TEN FEET OF THE REAR PROPERTY LINE. BUT I KNOW THOSE ARE UNDER PREVIOUS CODE CRITERIA. SO I GUESS THE QUESTION FOR STAFF IS, WHEN THERE'S BEEN PREVIOUS STRUCTURES AND PEOPLE HAVE DECIDED TO BUILD A BIGGER STRUCTURE WITHIN THE BOUNDARIES OF THAT STRUCTURE, HAVE WE APPROVED THINGS LIKE THAT BEFORE? NOT IF IT'S SUBMITTED TO A PERMIT. WE WOULD NOT APPROVE IT. IF IT'S NOT MEETING THAT CODE REQUIREMENT, THERE MAY HAVE BEEN A TIME, YOU KNOW, DECADES AGO WHEN CERTAIN STRUCTURES WERE ALLOWED TO BE TEN FEET WITHIN A REAR YARD. BUT AGAIN, AS I MENTIONED EARLIER, THAT COULD BE LIKE A PATIO OR A PERGOLA. BUT AGAIN, IF SOMEONE WERE TO COME IN AND WANTED TO EXPAND THOSE OR IMPROVE THEM EVEN EVEN MORE, IT DIDN'T MEET CODE. WE WOULD BE BACK IN FRONT OF THIS BOARD. OKAY. ANY OTHER QUESTIONS, FOLKS? ANY APPLICANTS, ANY COMMENTARY, ANY OTHER ADDITIONAL COMMENTS? I THINK, YOU KNOW, THERE WERE A COUPLE OF DIAGRAMS THAT I THINK WERE HELPFUL FOR US. AND DO YOU HAVE THOSE? CAN YOU SHARE ANY OF THE PACKET THAT WE HAD IN OUR SUBMITTAL? I BELIEVE THEY HAVE THE PACKET AS WELL. SO THEY SHOULD BE ABLE TO THEY'RE SORT OF THERE WERE TWO SORT OF SITE DIAGRAMS IN YOUR PACKET THAT SORT OF ILLUSTRATED, YOU KNOW, REQUIRED SETBACKS THAT WERE REQUIRED BY ZONING CURRENTLY.
AND THEN THE SETBACKS WHICH WE'RE PROPOSING. AND SO WHEN YOU KIND OF LOOK AT THE BUILDABLE LOT AREA, BECAUSE THERE IS AN APPLICATION OF ADDITIONAL SETBACKS ON THE PARK SIDE, WHICH IS 20FT, RIGHT, WHICH INCREASES THE THE SETBACKS NEXT TO THE POND. AND THEN ALSO GIVEN THE SETBACKS THAT ARE IMPOSED WITH THE FRONT SETBACKS, RIGHT. THE HOUSE IS ANOTHER I THINK IT'S AT A 40 FOOT OR 43 FOOT SETBACK TO ALIGN WITH THE ADJACENT HOUSE, WHICH IS IN ADDITION TO THE 30 YOU KNOW, IT'S IT'S GREATER THAN THE 30 FOOT THAT'S REQUIRED BY ZONING. AND SORT OF WHEN YOU KIND OF LOOK AT THOSE TWO DIAGRAMS, ONE OF THE ARGUMENTS THAT WE WERE TRYING TO SUGGEST WAS THEY WILL, IN FACT, BE MORE PRESERVED SPACE WITH THE SETBACKS. AND DUE TO THE FACT THAT THERE IS NO ADJACENT STRUCTURE OR NEIGHBOR TO THE REAR YARD, FELT THAT THOSE. SO IF YOU KIND OF PAN OUT AND MAYBE GO BACK TO THE AERIAL VIEW. AND MAYBE EVEN A BIGGER ONE, IF YOU COULD. SORT OF, YOU KNOW, THIS WOULD ARE LIKE CLOSER. YEAH, THAT THAT'S PERFECT. SORT OF, YOU KNOW, THERE'S CURRENTLY UNDER CONSTRUCTION AT THE CORNER OF FENWAY AND ER AROUND THAT HAS NONCONFORMING REAR YARD WITH SORT OF A SIMILAR CONDITION, WHICH YOU GUYS ARE PROBABLY FAMILIAR WITH. WHERE IS THAT ONE. I DON'T, CAN YOU POINT TO THAT ONE. SO HERE. PERFECT. THANK YOU. THANK YOU. YOU KNOW,
[00:15:03]
ONE OF THE THINGS THAT HAPPENS WITH GARAGES, I KNOW THROUGHOUT THE COMMUNITY, THEY SOMETIMES FORCE DIFFERENT KIND OF CONDITIONS. BUT THIS HOUSE RIGHT HERE HAS, YOU KNOW, NON-CONFORMING REAR YARD WHERE IT ACTUALLY HAS PROXIMITY TO THE SIDE OF ADJACENT NEIGHBORING HOUSE THERE. I MEAN, I CAN KIND OF GO THROUGH THE PLAN AND POINT OUT SOME OTHER EXCEPTIONS, BUT IT'S CLEAR TO US THAT EXCEPTIONS EXIST AND HENCE REALLY WORKED WITH THE NEIGHBOR. YOU KNOW, ONE OF THE THINGS THAT COULD HAPPEN ON THIS SITE AND MAYBE BOUNCE TO THE NEXT SLIDE, IF YOU COULD. THERE, YOU KNOW, THE ABILITY TO DO PARKING THAT COULD REAR LOAD GARAGES. THERE REALLY IS NO PREVENTION FOR THAT IN ZONING. SO WHEN WE WERE WORKING WITH THE DURBIN'S, ONE OF THE KEY MOVES THAT WE MADE WITH THE PLACEMENT OF THE GARAGE WAS THEY WOULD MUCH RATHER BE LOOKING AT A NICE PIECE OF ARCHITECTURE THAT'S SIMILAR TO THEIR HOUSE. THEN LOOKING AT OUT OF COURT STUFF. SO BIG. A BIG PART OF THAT PIECE WAS.DRIVING THAT DRIVING THAT STUDY. THEN YOU ALSO, I THINK IN YOUR PACKET, YOU ALSO HAVE A PICTURE OF JUST A, AN IMAGE THAT'S TAKEN FROM KIND OF THE SOUTH SIDE OF FENWAY PARK LOOKING TOWARDS THE HOUSE. AND, YOU KNOW, ONE OF THEM HINTS AT THE NEW STRUCTURE THAT'S ADDED, BUT ONE OF THEM SORT OF SHOWS THE REALITY OF THE DENSITY OF THIS PLANTING, WHICH IS REALLY, REALLY SIGNIFICANT, BOTH SORT OF OFF SITE AND ON THE EDGE OF THE PROPERTY. HELP ME UNDERSTAND THE 30 FOOT SETBACK FOR THIS LOT. AND WHY IS IT 30FT VERSUS 20FT OR 10FT OR.
YEAH, IT ALL HAS TO DO WITH THE ZONING OF THE PROPERTY. LET ME SEE IF I CAN PULL UP THE ZONING MAP REAL QUICK. WE WON'T BE ABLE TO SHOW IT ON THE SCREEN. BUT A LOT OF THESE, THESE OLDER SECTIONS OF THE COUNTRY CLUB WERE ZONED BACK IN THE LATE 1990S AND EARLY 2000, AND A WHAT WE CALL A STRAIGHT ZONING DISTRICT OR EUCLIDEAN ZONING DISTRICT WAS APPLIED TO THEM.
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
[00:20:05]
SOMETHING. YOU KNOW, THEY ARE ACTUALLY MAYBE BOUNCE BACK TO THAT THAT LARGER OVERVIEW. YOU CAN KIND OF SEE THAT THE WAY THAT THESE HOUSES WORK, THEIR GARAGES THAT ARE IN THIS ARE ACTUALLY TEN FEET OFF OF THOSE REAR PROPERTY LINES THAT ARE ADJACENT TO THE INBOUND HOUSES RIGHT BEHIND THEM. SO, SO WHAT THE APPLICANT IS ASKING FOR IS NOT UNNATURAL. THAT'S, THAT'S WHERE WE STARTED WITH THIS. YES. OKAY. JUST ONE QUESTION. AND THIS IS, I THINK FOR STAFF. SO WHEN THIS WAS CHANGED FROM TO THE 30 FOOT, DO WE KNOW THE REASONS BEHIND THAT CHANGE.YEAH. WITHOUT KNOWING THE SPECIFIC DETAILS OF THAT LOT RIGHT ACROSS THE STREET, THERE WAS A POINT IN TIME WHEN ACCESSORY UNIT OR ACCESSORY STRUCTURES LIKE GARAGES COULD BE LOCATED TEN FEET AWAY FROM YOUR PROPERTY LINES. THAT WAS CHANGED TO 30 TO MATCH THE BUILDING SETBACK. BUT AS FAR AS I'M AWARE, THERE'S NEVER BEEN A SETBACK FOR A HOME UNDER A ZONING DISTRICT THAT'S BEEN TEN FEET. OKAY. BUT ISN'T A GARAGE AN ACCESSORY STRUCTURE? IT'S NOT HOME. CORRECT THIS. AND THIS ISN'T AN ACCESSORY STRUCTURE. WHAT THEY'REEEEEEEEEO THE EXISTING HOUSE. INCREASE WITH ONE POINT OF CLARIFICATION FROM THERE. IN THAT EXAMPLE THAT YOU JUST SAID, IS IT DOES IT MATTER IF IT'S ATTACHED OR DETACHED? DETACHED? THAT IS THE DIFFERENCE. THAT'S WHY THE SETBACK IS DIFFERENT AND THAT'S WHY THEY'RE CONNECTING IT BECAUSE OF THERE ARE DISTANCE REQUIREMENTS FOR DETACHED STRUCTURES FROM THE MAIN HOUSE AND OTHER CONSIDERATIONS. AND SO THIS ONE MADE THE MOST SENSE. AND DESPITE THIS VARIANCE BEING NEEDED FOR IT. THANK YOU. SO IF IT WAS DETACHED THE VARIANCE WOULD BE DIFFERENT. YES. THE THE SETBACK WOULD NOT BE DIFFERENT. THERE WOULD BE OTHER REGULATIONS THAT WOULD APPLY ABOUT THE SEPARATION BETWEEN THE STRUCTURE AND THE HOUSE. I THINK THAT THERE'S ALSO AN ACCESSORY DWELLING UNIT IN THE HOME THAT CAN'T BE PERMITTED IN A STANDALONE ACCESSORY STRUCTURE. IT HAS TO BE ATTACHED TO THE HOUSE. SO I MY OPINION IS I JUST I HATE TO PENALIZE RESIDENTS WHERE WHEN THEY LOOK ACROSS THE STREET, THERE'S A HOUSE BUILT THAT FITS WITHIN THE BOUNDARIES OF WHAT THEY'RE ASKING FOR. SO. AND THERE'S NO NEIGHBOR TO THE BACK, THERE'S NO NEIGHBOR TO THE LEFT, THE NEIGHBOR TO THE RIGHT. IT SOUNDS LIKE YOU EVEN WORKED WITH THEM TO DESIGN THE PLACE. YEAH. IN THEIR MINDS, THIS IS A BETTER SOLUTION THAN THE ALTERNATIVE. OKAY. ANY OTHER QUESTIONS, FOLKS? I'M GOING TO MAKE A MOTION TO APPROVE VARIANCE 342026 WITH THE CONDITION. AND THE STAFF REPORT THAT THE PICTURES SHOW THE CONNECTION OF THE I BELIEVE IT WAS THE HOUSE TO THE GARAGE. IS THAT TRUE? THE DETACHED STRUCTURE SHALL BE ATTACHED TO THE MAIN HOME AS SHOWN ON THE SITE PLAN. CORRECT. I'LL SECOND THAT MOTION. MR. YES. MR. WOOD. YES. MR. JACOB. NO. MISS BRIGGS YES, THE AYES HAVE IT. THE MOTION PASSES WITH THREE VOTES TO APPROVE THE VARIANCE. AND. MR. JACOB. YEAH, SIMPLY THE PRESIDENT OF WHAT YOU SAID. I UNDERSTOOD HOW ACROSS THE STREET THEY'RE BOTH CORNER LOTS AND IT WAS DONE BEFOREHAND. BUT THE FACT THAT WITHIN WHAT WAS GIVEN TO US BY STAFF, THERE HASN'T BEEN ONE SINCE THAT WAS PUT FORTH. WHEN IT COMES TO THE CITY REGULATIONS. AND I WAS NOT HEARING OR READING ANYTHING THAT WOULD MAKE ME FEEL COMFORTABLE WITH VOTING FOR A YES THIS EVENING BASED ON THAT CRITERIA. SO THAT'S THE REASON FOR MY NO. CONGRATULATIONS.
BEAUTIFUL HOME. REALLY BEAUTIFUL HOME. YEP. ALL RIGHT. THE NEXT ITEM ON OUR AGENDA IS VARIANCE 42026 INNOVATION CAMPUS WAY PAVEMENT SETBACK VARIANCE VARIANCE TO ALLOW A PARKING LOT TO ENCROACH 20FT INTO A REQUIRED 25 FOOT SIDE YARD PAVEMENT SETBACK ON APPROXIMATELY 7.3 ACRE LIMITED GENERAL EMPLOYMENT LOT ON INNOVATION CAMPUS WAY, GENERALLY LOCATED WEST OF HARRISON ROAD AND EAST OF SMITH MILL ROAD. COULD YOU HEAR THE
[00:25:01]
STAFF REPORT, PLEASE? YES. SO AS YOU SAID, THIS IS A REQUEST FOR PAVEMENT SETBACK VARIANCE.THIS IS THE PARCEL IN THE BUSINESS PARK CURRENTLY UNDEVELOPED. IT IS COMPLETELY SURROUNDED BY SIMILAR USES AND THE ZONING TEXT OR ZONING DESIGNATION. THIS IS THE PROPOSAL WITHIN THIS SITE. BRAND NEW BUILDING AND DEVELOPMENT. AND TO POINT OUT, THERE IS THERE ARE THREE POINTS OF PROPOSED CROSS ACCESS HERE WITH THE SITE TO THE EAST, AND ALSO THE FRONT FACADES OF THESE TWO BUILDINGS WILL BE ALIGNED, WHICH IS ALWAYS STRONGLY ENCOURAGED BY OUR DESIGN GUIDELINES AND BY STAFF. THE NEIGHBOR HAS PROVIDED A FORMAL LETTER OF NO OBJECTION TO THE VARIANCE, AND STATES THAT THEY INTEND TO COOPERATE WITH THE DEVELOPER IN TERMS OF PROVIDING THIS CROSS ACCESS EASEMENT FOR SHARED ACCESS. AND ALSO, JUST TO NOTE, THIS PROPERTY JUST ADJACENT TO THIS DEVELOPMENT HAS BEEN APPROVED FOR A PAVEMENT SETBACK VARIANCE AS WELL. AGAIN, THIS SHOWS THE DEVELOPMENT, ALL OF THE SETBACKS FOR PAVEMENT AND BUILDINGS ARE MET ON ALL SIDES EXCEPT FOR THIS ONE. THE BUILDING SETBACK IS MET ON THIS SIDE AND THIS IS ENCROACHING FIVE FEET FROM THE LOT LINE. SO AGAIN TO SUMMARIZE THIS IS TO ENCROACH 20FT. THE SITE ITSELF DOES NOT NECESSARILY HAVE ANY CONDITIONS THAT NECESSARILY NECESSITATE THE VARIANCE, BUT THE REQUEST DOES NOT APPEAR TO BE SUBSTANTIAL. AND MANY SIMILAR VARIANCES HAVE BEEN APPROVED FOR SITES FROM THE BUSINESS PARK, WHICH ARE INCLUDED IN THE STAFF REPORT. THERE WILL BE NO NEGATIVE IMPACT TO THE ESSENTIAL CHARACTER OF THE AREA OR TO THE BUSINESS PARK, ESSENTIALLY BECAUSE ESPECIALLY BECAUSE THERE IS NO ABOVE GRADE ENCROACHMENT AND THERE IS ONE RECOMMENDED CONDITION OF APPROVAL, THOUGH THIS WAS KIND OF TOUCHED ON BY THE LETTER OF NO OBJECTION. THE APPLICANTS ARE HERE AND I'M HERE. IF YOU HAVE ANY QUESTIONS. IS THERE A MOTION TO ACCEPT STAFF REPORT INTO RECORD. SO MOVED. SECOND MR. WOOD YES. MR. JACOB. YES, MISTER. YES. MISS BRIGGS. YES, YES. HAVE A MOTION PASSES WITH ALL VOTES TO ADMIT THE DOCUMENTS. THANK YOU. ANY QUESTIONS? BOARD FOR STAFF. I CAN START. SO? SO WHAT BUSINESS IS HERE AND WHY YOU GOT. WHY DO YOU WANT TO DO THIS? HI. GOOD EVENING. THANK YOU. BRANT MURDOCK WITH PARTNERS WITH PARTNERS. WE BOUGHT THIS LAND. WE'RE FREQUENT FLIERS TO SEE YOU GUYS. WE ACTUALLY DEVELOPED THE SITE TO THE RIGHT, WHICH IS NOW HOUSED BY PPG HOUSING.
THEY'RE NANOTECHNOLOGY, FILM OPERATION, BEAUTIFUL. CLEAN ROOM, DOUBLE CHAMBER, WHITE FLOORS. WE'VE ALSO BUILT THE BUILDINGS ON THE OTHER SIDE OF HARRISON THERE. I DON'T KNOW IF THOSE ARE VISIBLE OR NOT. THOSE ARE CURRENTLY JUST WRAPPING UP CONSTRUCTION. ONE OF THE TWO BUILDINGS IS ACTUALLY FILLED ALREADY. THE OTHER ONE IS WELL UNDERWAY AND WE'VE NOW PURCHASED THIS SITE. SO THIS IS NOW GOING TO BE THE FOURTH BUILDING IN A ROW. THESE ARE ALL FLEX BUILDINGS. THEY'RE ALL ORIENTED TOWARDS JOBS. THEY ALL HAVE PILOT PROGRAMS. THEY'RE ALL WITH THE PORT AUTHORITY. AND THIS WOULD BE AS WELL NOT MAKING A PRESUMPTION ABOUT THE CRA, OF COURSE, BUT WE'D LIKE TO OBVIOUSLY PURSUE THAT. WE ACTUALLY DESIGNED THIS BUILDING IN CONCERT WITH THE BUYER OF THIS PPG BUILDING. IT'S A FAMILY OFFICE OUT OF FLORIDA, MSG, AND WORKED WITH THEM ON THE DESIGN OF THIS BUILDING TO MAKE SURE THAT IT LOOKED MORE LIKE A BUSINESS PARK, AS OPPOSED TO A BUNCH OF RANDOM BUILDINGS. THE BUILDINGS THAT ARE ACROSS THE STREET ARE ALSO BEING ACQUIRED BY THAT SAME FAMILY. THEY WILL ACTUALLY BE UP HERE THIS WEEK UP HERE REGULARLY. I THINK THEY'VE MET WITH SOME FOLKS FROM STAFF BEFORE. SO AGAIN, ASIDE FROM THE ESTHETICS, THIS WAS REALLY THE POINT OF THIS WAS TO THERE WERE A COUPLE POINTS OF THIS, ONE OF WHICH WOULD BE A LITTLE BIT MORE SEAMLESS ACCESS TO THE BUILDING NEXT DOOR. PPG IS ACTUALLY ALREADY PROVIDED AN RFP FOR INQUIRIES INTO MORE MANUFACTURING SPACE ADJACENT TO THEIR EXISTING SPACE. HOPEFULLY THEY WILL BE A TENANT THERE.
CAN'T PROMISE, BUT IT IS BUILDING BEING BUILT SPECULATIVELY. SO TO YOUR QUESTION, WHO WILL BE THERE? I CAN'T QUITE TELL YOU, BUT BASED ON THE RENTS AND THE CHARACTER OF THE NEIGHBORHOOD AND THE STYLE OF THE BUILDING, THE QUALITY OF THE BUILDING, BECAUSE WE DON'T BUILD WAREHOUSES, WE BECAUSE OF THE RENTS THAT WILL BE ASSOCIATED WITH THAT, IT WILL MOST LIKELY BE AN ADVANCED MANUFACTURER OF SOME FORMAT. THE OTHER REASON THAT I WOULD MENTION THAT WAS IMPORTANT FROM A DESIGN PERSPECTIVE, ASIDE FROM SORT OF MATCHING THIS UP WITH THE BUILDING NEXT DOOR, IN TERMS OF PUSHING IT BACK TO MAKE SURE THAT IT ALIGNS IS MAKING SURE THE HEIGHT IS THE PROPER HEIGHT SO IT LOOKS AGAIN, COHESIVE, AND THEN ADDING THE HAMMERHEAD STRUCTURE ON THE LEFT HAND SIDE THERE TO SHIELD THE DRUG COURT.
BUT WHAT WE HAD TO DO WAS WORK WITH THAT NEIGHBOR TO MAKE SURE THAT WE DIDN'T HAVE TRUCKS COMING OUT THE SAME LOCATION AS VEHICLES. CAN IT BE DONE? YES. DO WE LIKE IT? IT'S PROBABLY
[00:30:05]
NOT THE SAFEST MOVE, AND UNFORTUNATELY, THIS SITE'S A LITTLE TOO TIGHT TO FIT TO.IT'S A LITTLE TOO TIGHT TO FIT TWO DRIVEWAYS IN, AND SO BEING ABLE TO LEAK OUT INTO THE OTHER ACCESS DRIVE IS PRETTY HELPFUL FROM A, FROM A TRAFFIC PERSPECTIVE AND A SAFETY PERSPECTIVE. AND WE'RE SORRY, WHERE IN THIS PICTURE IS THE OH, SORRY IS EXTENSION OF THE PAVEMENT. LIKE WE'RE SURE IT'S ACTUALLY THAT SECOND ROW OF PARKING RIGHT THERE. SO YEAH, CAN YOU GRAB THAT? NEXT. I'M GOING TO HOLD IT. SORRY, THIS IS A SETBACK RIGHT HERE THAT WE'RE REQUESTING. AND I GET OPTICALLY GOING FROM 25 TO 5. YEAH. IT'S PRETTY SEVERE. YEAH TOTALLY UNDERSTOOD. THIS IS ALREADY A SETBACK ON THIS SIDE ON THIS OTHER LOT RIGHT HERE WHICH WE DEVELOPED. AND SO WE WOULD ACTUALLY INCREASE THE LANDSCAPING THROUGH HERE TO MAKE SURE THAT IT'S PROPERLY SHIELDED. BUT ALSO IT'S NOT GETTING RID OF THE GRASS THAT'S ON THEIR SIDE. IT'S JUST PUSHING UP TOWARDS THAT. SO IT'LL PROBABLY BE LIKE A TWO FOOT RETAINING WALL. MAKE SURE THAT IT FEELS COHESIVE THROUGH HERE. PUT UP SOME LANDSCAPING, SOME LANDSCAPING. BUT ULTIMATELY THE THREE ACCESSES ARE PRETTY CRITICAL FOR CAR LEAKAGE SO THAT YOU DON'T HAVE THEM ALL COMING BACK UP OUT HERE AND COMING OUT AT THE SAME LOCATION AS THE TRUCKS. SO. SO DOES THIS PICTURE ASSUME THAT THE SETBACK, THE VARIANCE IS ACCEPTED? IS THAT WHAT I'M LOOKING AT OR. NO. WELL, IT'S DESIGNED AS IF THIS WOULD BE WHAT IT WOULD LOOK LIKE. YES. OKAY. THIS IS PRECISELY IT WITH THE VARIANCE. WITH THE VARIANCE ACCEPTED. YES. YES. SO THIS IS THE PROPOSAL. YES. THAT LINE THERE WOULD COME IN 1520FT IF THAT WAS NOT TRUE. CORRECT. THAT'S CORRECT. YES. CAN YOU GO BACK TO THE OTHER PICTURE. SO WHERE WOULD YOU PARK CARS? THAT'S A GREAT QUESTION. IT'S PART OF THE PROBLEM. SO IT ALSO MAKES SURE THAT WE HAVE ADEQUATE PARKING. IF THIS WAS A WAREHOUSE BUILDING YOU WOULDN'T NEED THE CAR PARKING. BUT BECAUSE IT'S A MANUFACTURING BUILDING, MOST LIKELY THERE'S SOME SORT OF ADVANCED MANUFACTURING R&D FACILITY. YOU DO NEED A LITTLE BIT HEAVIER PARKING, WHICH THIS ACTUALLY DOES PROVIDE US A LITTLE BIT EXTRA THERE. AND YOU BUILT THE BUILDING NEXT DOOR. YEAH. OKAY. AND THEN THE TWO BUILDINGS RIGHT HERE, THIS BEING HARRISON RIGHT HERE, AND THIS OBVIOUSLY BEING INNOVATION. YEAH. SO WITHIN THE PACKET I SEE THAT THERE'S A CONDITION THAT I ASSUME THEY'VE THAT STAFF HAS INFORMED YOU OF OR TO CONSIDER THAT INVOLVES CROSS ACCESS. ACCESS SHALL BE REQUIRED IN A WRITTEN AGREEMENT OF CROSS EASEMENT SHALL BE PROVIDED WITH THE ADJACENT PROPERTY WITH WHICH THE CROSS IS PROPOSED.
ARE YOU SUPPORTIVE OF THAT WITH THE THREE ACCESS POINTS TO THE EASEMENT IN A WRITTEN AGREEMENT? YES. FOR THAT. OKAY. OKAY. THANK YOU 100%. AND THEN TO THE POINT THAT WAS MADE BY MR. CHRISTIAN, WE DID ACTUALLY REQUEST WE KNOW YOU'RE BUYING THIS BUILDING FROM US EVENTUALLY. WOULD YOU PLEASE PROVIDE A NOTICE OF WHY YOU'RE SUPPORTIVE OF THIS? AND I BELIEVE THEY PROVIDED THAT HOPEFULLY YOU HAVE THAT THAT LETTER, IF YOU HAVE ONE COPY, IT WAS JUST PROVIDED ON THE 15TH. THAT SPEAKS TO WHY THEY'RE VERY SUPPORTIVE OF THIS AS WELL. AND THERE'S NO STAFF, THERE'S NO UTILITY OR ANY ANY ISSUES THAT WE WOULD HAVE TO CONSIDER. WE'VE HELD HARMLESS SITUATION, I ASSUME, NOT THAT I'M AWARE OF AT THE MOMENT. AND IF THAT IS NEEDED TO BE PURSUED, WE CAN HAVE ENGINEERING. TAKE A LOOK AT IT. I BELIEVE ENGINEERING HAS ALREADY STARTED TAKING A LOOK AT IT. THAT'S CORRECT. WE'VE GOT UTILITIES ALL THE WAY ACROSS THROUGH INNOVATION THERE. UNDERSTOOD. I JUST WANTED TO ASK. THANKS.
SURE. ABSOLUTELY. I JUST HAVE A QUESTION FOR STAFF. IS 25 FOOT SETBACK COMMON IN THE BUSINESS PARK? YEAH. IT'S THE BASELINE SETBACK BETWEEN PROPERTIES. BUT AS LAUREN MENTIONED IN THE STAFF REPORT, THERE'S PLACES ALL OVER THE BUSINESS PARK WHERE THAT'S BEEN REDUCED. OKAY.
AND WE LIKE HAVING SITUATIONS LIKE THIS WHERE THERE'S CROSS ACCESS BETWEEN SITES. SO THE WAY THAT WE LOOK AT IT IS SO LONG AS THEY CAN STILL PROVIDE THE SAME LEVEL OF LANDSCAPE SCREENING BETWEEN THE SITES, WHICH AS I MENTIONED, THEY CAN THEN WE'VE GENERALLY BEEN SUPPORTIVE OF THOSE REQUESTS. BUT YEAH, IT IS THE BASELINE SETBACK REQUIREMENT. AND I WILL ALSO NOTE THAT THE ZONING TEXT ALLOWS IF TWO PARCELS LIKE THIS ARE OWNED BY THE SAME PROPERTY OWNER AND THEY'RE COMBINED, THEN THERE IS A ZERO FOOT PAVEMENT SETBACK. BUT BECAUSE THESE ARE STILL TWO SEPARATE SITES, TECHNICALLY THIS THIS SETBACK APPLIES. AND THERE ARE SOME, IF I MAY JUMP IN THERE. WE DISCUSSED WE COULD SELL THAT LAND TO THEM NOW AND DO A
[00:35:03]
DEVELOPMENT AGREEMENT. BUT BECAUSE WE'RE FROM THE COMMUNITY AND BECAUSE THIS WILL BE OUR FOURTH BUILDING, AND IT JUST MAKES SENSE FOR US TO KIND OF CARRY THE WATER AND THEN HAVE THEM ACQUIRE IT ONCE IT'S LEASED UP. WE JUST DON'T WANT TO BE A FEE FOR SERVICE DEVELOPER IF WE WANT TO TAKE OWNERSHIP OF WHAT WE SO HELP ME WITH ARE THERE THREE ACCESS POINTS? RIGHT? BECAUSE YOU WERE MENTIONING A WALL. SO ARE THERE THREE BASICALLY SHARED ACCESS POINTS TO YOUR THE NEIGHBORING BUILDING? YOU GOT IT. YES, ABSOLUTELY. SO THERE'S ONE RIGHT THERE. THERE'S ANOTHER ONE RIGHT HERE AND ANOTHER HERE. SO FOR CAR TRAFFIC. YEAH. WHEN I REFERENCED THE WALL, IT'S NOT REALLY A WALL. I'LL CALL IT LIKE A FOOTER WALL, RIGHT. 18 INCH KIND OF JUST TO MAKE SURE THAT WE'VE GOT. AND IF LANDSCAPING AND IF THE ENGINEERS ASSUME IT'S NOT NECESSARY, THEN EVEN BETTER.BUT IF WE NEED TO, WE WANT TO MAKE SURE IT'S SPRUCED UP AND LOOKS, LOOKS PROPER. I JUST HAVE ONE FOLLOW UP. YOU REFERENCED THE WHAT WAS THE LETTER THAT YOU REFERENCED? YES.
WHO'S IT FROM? I DON'T KNOW IF IT'S WHO ARE BUYING THIS PROPERTY FROM US. DO YOU GUYS ALL HAVE THAT? I DON'T KNOW THAT THAT'S IN MY PACKET. I THINK IT WAS PROVIDED AFTER PACKETS WENT OUT. I DON'T KNOW IF WE CAN DO IT TO THEM. I JUST WANT TO MAKE SURE THAT IT'S ENTERED INTO THE INTO THE RECORD. I MEAN I'D LIKE TO SEE A COPY, BUT IT'S NOT LIKE WOULD YOU LIKE. SURE. IT'S. THANK YOU. YEAH. DO YOU GUYS ALL HAVE THIS? OKAY. IT IS FROM MSG OHIO. I CAN PASS IT DOWN. BUT AGAIN, I MAYBE WHEN WE DO, WE ALREADY DID THE DOCUMENTS, DIDN'T WE.
WE'LL JUST ADD THIS ONE IN MAYBE AT THE END. I JUST WANT TO MAKE SURE IT'S. YEAH. AGAIN, I DON'T THINK IT WAS PROVIDED IN THE PACKETS BECAUSE WE RECEIVED IT AFTER PACKETS WENT OUT. BUT WE WE CAN'T INCLUDE THAT IN THE RECORD OR SEND IT. YEAH. I THINK THAT'S, THAT'S REALLY KEY. YEP. YEAH. DO WE NEED TO MOVE THAT NOW OR MAKE IT PART OF THE VOTE. YOU CAN ADD IT AS A CONDITION. OKAY. FOR ON THE MERITS JUST SAY CONDITION AS A SECOND CONDITION BECAUSE THERE'S ALREADY A CONDITION IN THE STAFF REPORT, RIGHT? YEAH. OKAY. I'M GOOD.
THANK YOU. ANY OTHER QUESTIONS? COMMENTS. I MOVE TO ACCEPT VARIANCE. VAR 40 2026 SECOND WITH I'M SORRY WITH THE CONDITION NOTED ON THE BACK RELATING TO THE CROSS ACCESS AND THE WRITTEN AGREEMENT AND THE SECOND CONDITION APPROVING AND ACCEPTING THE LETTER THAT WAS JUST SUBMITTED THIS EVENING. SECOND. MR. JACOB YES. MR. YES. MR. WOOD YES, MISS BRIGGS YES, THE AYES HAVE IT. THE MOTION PASSES WITH ALL VOTES TO APPROVE THE VARIANCE, SUBJECT TO THE CONDITION IN THE STAFF REPORT AND THE SECOND CONDITION ACCEPTING THE LETTER FROM MSG OHIO, LLC. OKAY, GREAT. THANK YOU. THANK YOU VERY MUCH. KEEP DEVELOPING GUYS. ALL RIGHT. ANY OTHER BUSINESS TONIGHT, FOLKS? OKAY. MOTION TO ADJOURN THE MEETING. SO MOVED. SECOND. OH, SORRY. MR. JACOBS. YES. MR. WOOD. YES. MR. YES, MISS.
* This transcript was compiled from uncorrected Closed Captioning.