[* This meeting has been joined in progress *]
[III. Action on minutes]
[00:00:10]
GO. ALL RIGHT. THANK YOU. COUNCIL MEMBER. ACTION ON THE MINUTES. IF WE TAKE A MINUTE.
IF WE COULD PLEASE REVIEW THE JUNE 22ND MINUTES FOR THE BOARD OF ZONING APPEALS MEETING. ARE THERE ANY ADDITIONS OR CORRECTIONS FOR THE MINUTES? NONE FOR ME. NONE HERE. MAY I HAVE A MOTION? SO MOVED. SECOND. I'LL SECOND. OKAY. THANK YOU. CLERK. MR. WOULD. YES. MISS.
BRIGGS. YES. MR. JACOB. YES. MOTION PASSES. THANK YOU. ALL RIGHT. BEFORE WE WE'RE GOING TO
[IV. Additions or corrections to the agenda]
MOVE ON TO ADDITIONS OR CORRECTIONS TO THE AGENDA. ARE THERE ANY ADDITIONS OR CORRECTIONS TO THE AGENDA FROM EITHER STAFF OR BOARD MEMBERS THIS EVENING? NO CORRECTIONS.OKAY. WOULD ANYBODY WISH TO ADDRESS THE BOARD. PLEASE STAND OR EITHER OF YOU GOING TO BE ADDRESSING THE BOARD THIS EVENING? OKAY. CAN YOU PLEASE COME UP AND RAISE YOUR RIGHT HAND FIRST? IDENTIFY YOURSELF. GEORGE CLEARY WITH THE CLEARY COMPANY ON BEHALF OF THE OWNER.
OKAY. THANK YOU. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? I DO, THANK YOU.
PLEASE HAVE A SEAT. ALL RIGHT. ARE THERE ANY VISITORS HERE THAT WOULD LIKE TO SPEAK ON ITEMS? THAT IS NOT OUR AGENDA THIS EVENING. SEEING NONE, WE'LL MOVE TO. YES. OH. I'M SORRY. PLEASE COME FORWARD AND IDENTIFY YOURSELF. PLEASE. I'M DONNA LARKIN, I'M THE NEIGHBOR TO THE APPLICANT FOR THE VARIANCE CHANGE ON FARLEY COURT. OKAY. ARE YOU DO NOT PLAN TO ADDRESS YOU. I HAD SENT AN EMAIL AND I HOPE YOU ALL HAVE HAD SEEN IT AND HAD A CHANCE TO CONSIDER IT. YES. I DO UNDERSTAND FROM TALKING TO JANE, BUT WE WILL GET TO THIS LATER, I GUESS, ON YOUR AGENDA. BUT IF I NEED TO SPEAK, I WILL. OKAY. NOT PLAN TO, THOUGH. JUST FOR THE SAKE OF IT. CAN WE JUST WORRY IN JUST THAT WAY? YOU CAN COME UP FREELY WHEN THE TIME COMES. IF YOU'D LIKE TO SPEAK. OKAY. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? YES. ALL RIGHT. THANK YOU. PLEASE HAVE A SEAT, MISS. MISS LARKIN, MISS LARKIN, ARE YOU AT THREE SIX, SIX FOUR FARLEY COURT. OKAY. THANK YOU. ALL RIGHT. THE FIRST AND ONLY CASE
[VI. Cases]
ON THE AGENDA TONIGHT IS VARIANCE 43, 2026. A REQUEST FOR A VARIANCE TO TO CODIFIED ORDINANCE 1133.05 TO ALLOW A PORTION OF AN ATTACHED COVERED PORCH TO ENCROACH FIVE FEET INCHES INTO THE REQUIRED 30 FOOT REAR YARD BUILDING SETBACK AND APPROXIMATELY 0.37 ACRE SINGLE FAMILY RESIDENTIAL LOT AT 3676 FARLEY COURT. ALL RIGHT. CAN WE PLEASE HEAR THE STAFF REPORT? GOOD EVENING, BOARD MEMBERS. SO THIS VARIANCE IS FOR AN APPLICATION FOR AN ATTACHED COVERED PORCH TO ENCROACH INTO THE REQUIRED REAR YARD SETBACK. A TOTAL OF FIVE FEET AND EIGHT INCHES. THE SITE IS HIGHLIGHTED HERE IN RED ON THE EAST SIDE OF FARLEY COURT.HERE IS THIS PROPOSED SITE PLAN. THE RED LINE INDICATES THE EXISTING 30 FOOT REAR YARD SETBACK. THE APPLICANT IS REQUESTING THE ENCROACHMENT TO THIS 30 FOOT REAR YARD SETBACK BY FIVE FEET AND EIGHT INCHES. THE TOTAL STRUCTURE SQUARE FOOTAGE IS APPROXIMATELY 345FT■S AND APPROXIMATELY 108FT■!S OF THAT STRUCTURE WILL ENCROACH INTO THAT SETBACK. THE PAVER PATIO IS PERMITTED TO ENCROACH UP TO FIVE FEET FROM THE REAR PROPERTY LINE, AND THE APPLICANT IS PROPOSING AN ENCROACHMENT OF ONLY NINE FEET INTO THE REAR YARD SETBACK. IF THE STRUCTURE WERE TO DETACH GAZEBO OR PERGOLA, WHICH IS CATEGORIZED AS A RECREATIONAL AMENITY, THE CODE WOULD PERMIT THE STRUCTURE TO ENCROACH UP TO TEN FEET FROM THAT REAR YARD SETBACK, AND THAT ORANGISH YELLOW LINE IS THAT DEPICTION APPROXIMATELY ON THE PROPERTY.
SO HERE'S A ZOOMED IN VIEW OF THE SITE PLAN. THE GREEN BOX INDICATES THAT ENCROACHMENT AREA. AND THEN THE RED LINE INDICATES THE 30 FOOT REAR YARD SETBACK. IN REGARDS TO THIS SITE PLAN HERE. SO HERE ARE SOME ELEVATIONS AND RENDERINGS PROVIDED BY THE APPLICANT. SO THE TOP LEFT IS THE EXISTING. AND THEN THE OTHER THREE IMAGES. HERE ARE RENDERINGS WITH WHAT IT WOULD LOOK LIKE. SO IN SUMMARY THE SITE IS A MEDIUM DENSITY RESIDENTIAL PROPERTY.
[00:05:06]
THE BOARD EVALUATED AND APPROVED A SIMILAR VARIANCE DURING LAST MONTH'S MEETING THAT WAS MORE SUBSTANTIAL. REQUEST SIMILAR VARIANCES ACROSS OR SIMILAR VARIANCES.MOSTLY APPROVED FOR LOTS OF UNIQUE SITE CONSTRAINTS. THE REQUEST DOES NOT APPEAR SUBSTANTIAL. IF THE ADDITION WAS DETACHED, IT COULD ENCROACH UP TO TEN FEET. THE REQUEST IS NOT PRESERVED. THE INTENT OF THE ZONING REQUIREMENT. HOWEVER, IT IS NOT ANTICIPATED TO SUBSTANTIALLY AFFECT THE CHARACTER OF THE NEIGHBORHOOD. AND IF THIS VARIANCE WERE APPROVED, STAFF WOULD RECOMMEND A CONDITION OF APPROVAL THAT THE APPLICANT ADD ADDITIONAL LANDSCAPE SCREENING ON THE SOUTHERN AND NORTHERN SIDES OF THE PROPERTY OR OF THE IMPROVEMENT. SORRY. AND I'M HEARING. SO THE APPLICANT TO ANSWER ANY QUESTIONS. THANK YOU.
DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? YES. THE FIRST QUESTION I JUST WANT TO MAKE SURE WE UNDERSTAND WHAT WE'RE DECIDING HERE. IS IT THE THE THE COVERED PORCH PART OF THIS THAT WE'RE LOOKING AT FOR THE VARIANCE? IS THE BRICK, IS IT BOTH? I THOUGHT I READ IN HERE THAT THE BRICK WAS ACCEPTED FROM OR FIT NOT ACCEPTED, BUT FITS INTO THE.
YES. SO THE UNCOR UNCOVERED PATIO PAVER SECTION IS PERMITTED TO ENCROACH UP TO FIVE FEET FROM THE REAR PROPERTY LINE, BUT THAT ATTACHED PORTION OF THE. THE COVERED PORCH IS. WHAT IS THE ENCROACHMENT SO. I GUESS THIS IS. SO THIS SECTION HERE. OKAY.
YEAH. THANK YOU. AND THE DETACHED. IF IT WAS DETACHED. THAT IS A GAME CHANGER. COULD YOU KIND OF EXPLAIN. YEAH. SO IF THIS IF THIS GAZEBO OR PERGOLA WAS DETACHED, IT WOULD BE CATEGORIZED AS A RECREATIONAL AMENITY. AND THEN OUR CODE THAT IS ALLOWED TO GO UP TO TEN FEET FROM THE REAR YARD PROPERTY LINE. THANK YOU. AND WHEN WE'RE SAYING DETACHED, YOU KNOW, I MEAN, WHAT ARE WE LOOKING AT THERE? I MEAN, IS THIS TO ME THAT SEEMS THAT SAYS SEPARATE STRUCTURE. CORRECT. SO BUT I MEAN, HOW FAR AWAY DOES THAT HAVE TO BE? IS THERE JUST LIKE A GAP IN BETWEEN THEM THAT MEANS DETACHED OR IS THERE SOME SORT OF ACTUAL, YOU KNOW, FOOT REQUIREMENT THAT IT NEEDS TO BE CONSIDERED TO BE DETACHED? YEAH. THERE WOULD BE A GAP SO THAT IT WOULDN'T CONNECT TO THE PRIMARY STRUCTURE OF THE HOUSE. I SEE, BUT THERE'S NO REQUIREMENT. SO IT COULD BE AN INCH IT COULD BE CORRECT A FOOT. IT COULD BE TEN FEET. CORRECT. AND JUST BE CLEAR, EVEN IF IT'S IN THAT ONE INCH THEN IT FITS WITHIN THE CODE. THERE'S NO VARIANCES NECESSARY TO THE EXTENT YOU KNOW THE ANSWER TO THAT. THAT IS CORRECT. TRYING TO MAKE SURE I'M NOT OPEN PANDORA'S BOX. I JUST WANT TO PUT TOO MUCH EXTRA WORK BY ASKING MY QUESTION. BUT I AM CURIOUS WHEN LOOKING AT SIMILAR ONES, THAT WE HAVE CONSIDERED, OR THAT THE AT LEAST BZA HAS APPROVED IN THE PAST, TAKING LAST MONTH OUT SINCE ALL THREE OF US WERE HERE LAST MONTH, WHAT OTHER EXAMPLES THAT WE HAVE THAT HAVE BEEN CONSIDERED AND WHEN WERE THEY? AND COULD YOU GIVE SOME ILLUSTRATION TO THOSE. LOOKING AT FROM THE STAFF REPORT? I DO KNOW I CAN'T THINK OF ANYTHING THAT'S COME TO THIS BOARD. I KNOW THE PLANNING COMMISSION HAS APPROVED A COUPLE OF THEM, ONE OF THEM BEING, I BELIEVE IN NOTTINGHAM TRACE. MAYBE A YEAR AND A HALF AGO. SARAH IF YOU REMEMBER THAT SOUNDS ABOUT RIGHT. THERE, THERE'S 1 OR 2 THAT COME TO MIND THAT HAVE BEEN IN FRONT OF THE PLANNING COMMISSION AND APPROVED AND HELP EDUCATE ME A LITTLE BIT, WHICH I SHOULD KNOW THE ANSWER TO THIS, BUT I DON'T WHAT REMIND ME WHY IT WENT TO PLANNING COMMISSION, EVEN THOUGH THAT WAS A HOUSE AND IT DIDN'T COME HERE JUST FOR THE SAY SO. SO I UNDERSTAND. YEAH. SO IF IT'S IN A PUD TEXT PLANNING AND DEVELOPMENT TEXT, THOSE ALWAYS USUALLY DEFAULT TO PLANNING COMMISSION. THIS PROPERTY IS WHAT WE CALL STRAIGHT ZONED WHICH IS THE EUCLIDEAN ZONING. WHAT'S THE ZONING R-2, R-3 AND THOSE TYPES OF VARIANCES IN THAT ZONING DISTRICT COME TO THE BOARD OF ZONING APPEALS. I APPRECIATE THAT. THANK YOU. OKAY. I HAVE A QUESTION FOR STAFF. I KNOW OBVIOUSLY WE HAVE ONE NEIGHBOR HERE TONIGHT THAT WE RECEIVED THE EMAIL FROM. IF WE HEARD FROM HIS THE CITY HEARD FROM OTHER NEIGHBORS. WE HAVE NOT. AND THERE WAS SOME SORT OF NOTIFICATION TO THE NEIGHBORS LIKE WE'VE. THE CITY TYPICALLY DOES. CORRECT? THAT IS CORRECT.
OKAY. ALL RIGHT, ALL RIGHT. IF THERE'S NO OTHER QUESTIONS AT THIS TIME, I MOVE TO ACCEPT THE STAFF REPORTS AND RELATED DOCUMENTS INTO THE RECORD FOR VAR432026. SECOND. OKAY. MR.
[00:10:01]
JACOB? YES. MR. WOOD YES, MISS. BRIGGS YES. MOTION PASSES. ALL RIGHT. WOULD THE APPLICANT LIKE TO COMMENT ON THE APPLICATION ANY FURTHER THAN WHAT'S BEEN DISCUSSED SO FAR? ALL RIGHT.THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT AT THIS TIME I DO, YES. COULD WE GO BACK TO THE DRAWINGS WHERE THERE WAS A SIDE VIEW? OKAY. GRAB THE LASER. YES.
THAT'S THE ONE. THE THIS SLIDE. I THINK THERE WAS ONE MORE. OH, YEAH. RIGHT THERE. IF YOU COULD.
SO IF THIS IF YOU WERE GOING TO PUT THE THIS LEAVE IT ATTACHED AND BUT BRING IT WITHIN SO THERE'S NO VARIANCE NEEDED. HOW MUCH ARE YOU HAVING TO TAKE OFF THERE ON THIS. BACK TO THE GREEN. SO IT WOULD BE THAT I BELIEVE IT'S 6FT OR 5 FOOT EIGHT RIGHT HERE. OKAY. IT WAS WE'VE BEEN IN DESIGN WITH THIS CLIENT SINCE DECEMBER OF 25. AT ONE POINT WE WERE GOING TO TAKE IT MORE LINEAR AND HEAD SOUTH. HOWEVER, THAT REALLY MADE IT TIGHT FOR LIKE A DINING ROOM TABLE OR ANYTHING FOR THEIR FAMILY, AND HENCE WHY WE WANTED TO COME OUT. THE FAMILY WOULD LIKE TO KEEP IT ATTACHED TO THE STRUCTURE. THAT FIREPLACE. IF YOU GO BACK TO THE RENDERINGS PAGE, IS EXISTING. SO RIGHT HERE IS WHERE THE EXISTING HOUSE IS. IT'LL ALSO HELP WITH LEAKING AND RETAINING, MAKING SURE THERE'S NO MOISTURE BUILDUP. WE HAVE FAILING STEPS RIGHT NOW BECAUSE NONE OF THIS SECTION IS COVERED WITHIN THAT SETBACK. SO A LOT OF IT'S JUST FOR SITE MAINTENANCE. AND THEN THE COVERED AREA FOR THEIR FAMILY TO EAT AT. I HAVE, I THINK, MORE OF A QUESTION FOR STAFF. IS THERE A DIAGRAM? CAN YOU HEAR ME? YOU TRY ONE MORE TIME. MAYBE PULL UP CLOSER TO YOU A LITTLE BIT. TEST. I CAN HEAR YOU OVER THERE. MAYBE I JUST NEED TO TURN IT UP A LITTLE BIT. SORRY. OKAY. IT SHOULD BE GOOD NOW. WAS THERE A DIAGRAM AT THE BEGINNING OF YOUR PRESENTATION, JAY, THAT SHOWED THE LOCATION OF THIS HOME ON FARBER COURT? YES, IT IS HERE. YEAH. THANK YOU. SO IF YOU CAN SEE, THE ADDITION WILL COME BACK. HERE'S THE REAR YARD. IT'S NOT A CORNER LOT, BUT YOU CAN SEE IT'S A ODDLY SHAPED LOT.
THIS IS A DETACHED GARAGE STRUCTURE. AND THIS IS THE HOME. OKAY. THANK YOU. HAS THE LET'S SAY HYPOTHETICALLY WE WOULD APPROVE THIS EVENING. HAS THE. OWNER OR HAVE YOU AGREED TO THIS POTENTIAL CONDITION THAT HAS BEEN RECOMMENDED WHERE IT SAYS THE APPLICANT SHALL ADD LANDSCAPING SCREENING ON THE SOUTHERN AND NORTHERN SIDES OF THE IMPROVEMENT? YES, SIR. AND THEY ARE AGREEABLE TO IT. YES, SIR. OKAY. THANK YOU. HAVE THERE BEEN ANY PLANS FOR THAT YET? YEAH. WE HAVE ALLOWANCE BUILT INTO THE CONTRACT WITH SOME RECOMMENDATIONS FROM THE HARDSCAPE COMPANY. LANDSCAPE COMPANY? OH I'M SURE, BUT LIKE IN PARTICULAR, ANY KIND OF DRAWINGS, ANY KIND OF DIAGRAM, ANYTHING THAT YOU'VE GOT THAT COULD SHOW. NO, SADLY OUR RENDERINGS, WE DON'T HAVE THE CAPABILITY IN OUR PLATFORM FOR LANDSCAPING OUTSIDE OF SOME OF THESE MINOR BUSHES AND SUCH. RIGHT NOW THERE IS QUITE A FEW TREE SHRUBS ON THE SOUTH SIDE AND THEN ON THE NORTH SIDE. IT'S A HEAVILY DENSE, WOODED KIND OF LOT. SO ON THE NORTH SIDE THERE'S PLENTY OF COVERAGE ALREADY, BUT THEY PLAN TO GO BACK WITH SOME SORT OF SCREENING WALL AT THE SAME LOCATION. SINCE WE'RE NOT ENCROACHING ANY FURTHER ON THAT SOUTH SIDE. AND DO YOU HAVE AN IDEA OF WHAT'S BEEN PROPOSED, YOU KNOW, TREE WISE, I MEAN, WHAT SIZE ARE WE LOOKING AT? WHAT TYPE? WHAT'S THE SCREENING BASICALLY GOING TO DO? ARE WE GOING TO HAVE LITTLE ONES JUST LIKE THAT. OR IS IT GOING TO BE SOMETHING BIGGER. THAT'S. NO IT'LL BE MORE UP AT THAT. I ASSUME THESE CURRENT ONES ARE PROBABLY TEN FEET, ROUGHLY ABOUT THE SAME HEIGHT AS THAT FIRST FLOOR CEILING. OKAY. AND WOULD THE APPLICANT NEED TO WORK WITH CITY STAFF ON AN AGREEABLE FOR THAT LANDSCAPING, OR ARE WE JUST TRUSTING THEY'RE GOING TO PUT IT. HOW'S THAT? OH, WE WOULD LIKE THE APPLICANT TO WORK WITH STAFF. OKAY. AND
[00:15:01]
TYPICALLY WHAT IS INSTALLED TO PROVIDE SCREENING AND ESPECIALLY IN THE COUNTRY CLUB OR LIKE THE TALL, LARGE SEA GREEN JUNIPER, OKAY. EVERGREEN TREES IS WHAT'S TYPICAL. AND WHAT IS THE TIMELINE TYPICALLY GIVEN? OR IS THAT BY THE END OF CONSTRUCTION OR IS IT ARE THEY GIVEN CERTAIN TIME FRAMES WITH THE CITY? YEAH, WE WOULD WE WOULD BEFORE WE'D EVEN ISSUE A PERMIT, WE'D WANT TO HAVE THE LANDSCAPE PLAN IN PLACE. AND THEN BEFORE WE FINAL OUT THE PROJECT, WE WOULD COME OUT AND DO AN INSPECTION TO MAKE SURE THEY'RE INSTALLED. THEN, OKAY.THANKS, CHAIR. WITH THE ADVICE BE TO ADD THAT AS A CONDITION, JUST YOU KNOW THAT THE APPLICANT, IF IT IS APPROVED, THAT THE APPLICANT WOULD WORK WITH CITY STAFF ON THAT. YEAH, I THINK WE IF THE MOTION MOVES FORWARD. YEAH, LET'S I WOULD BE OPEN TO THAT CONSIDERING THAT FOR SURE. ALL RIGHT. I HAVE ONE OTHER FOLLOW UP QUESTION. I THINK IT'S FOR STAFF ON THE IN THE DIAGRAMS, IT LOOKS LIKE THERE'S KIND OF A, A MAYBE A STANDALONE ELECTRIC OR GAS FIREPLACE WITH LIKE A TV OVER IT. IF YOU MAYBE WANT TO GO TO THE RENDERINGS. YEAH. SO LIKE IN THE BOTTOM RIGHT, IT'S IN THE CENTER THERE. IT LOOKS LIKE THE, THAT WALL IS. STONE. I KNOW THERE WAS SOME. YOU KNOW. YEAH, IT'S ACTUALLY A CULTURED STONE VENEER FIREPLACE. I THOUGHT THERE WAS A STIPULATION IN THE COUNTRY CLUB THAT ANY STRUCTURES OR WALLS WERE TO BE BRICK. I CAN'T COMMENT. WE DID GET THIS THROUGH TWO ROUNDS OF NEW ALBANY COUNTRY CLUB ARC REVIEW AND THAT WAS CHANGED TO BRICK. SO I'M SORRY THE RENDERING DOESN'T REFLECT THAT, BUT IT WILL BE BUILT WITH THE BRICK TO MATCH THE HOME. THAT WAS ONE OF THEIR DISAPPROVALS.
OKAY. AND JUST TO BE CLEAR, THE CODE ALLOWS FOR STONE. THAT'S A COUNTRY CLUB SEPARATE APPLICATION IS THEIR RECOMMENDATION OR REQUIREMENT. EXCUSE ME. OKAY. THANK YOU.
OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY. IS THERE ANYONE PRESENT FROM THE PUBLIC? MISS LARKIN, WOULD YOU LIKE TO SPEAK? PLEASE COME FORWARD. I'M SORRY. FIRST OF ALL, I DO APOLOGIZE. I BELIEVE THAT THIS IS IT'S PREMATURE TO EVEN BE CONSIDERING THIS UNTIL WE HAVE FINAL APPROVAL FROM THE HOA. I WAS TOLD THAT IT HAS ONLY GONE THROUGH ONE CONCEPTUAL APPROVAL.
IT HAD NOT GONE THROUGH THE PRELIMINARY. IT HAD NOT GONE THROUGH FINAL. SO MY INFORMATION IS DIFFERENT THAN WHAT HE IS TELLING YOU. I DO KNOW THAT THAT WALL HAS TO BE BRICK. SO THAT'S THE FIRST THING. THE SECOND, THERE'S ONLY 4 OR 5 NEIGHBORS THAT ARE WITHIN THE NOTIFICATION AREA, SO ONLY A FEW OF US WOULD HAVE GOTTEN THAT LETTER, AND I HAVE NOT BEEN ABLE TO REACH SOME OF THEM TO FIND OUT THEIR THOUGHTS. SECOND, I BELIEVE THAT WHEN JAY WAS DOING THE ANALYSIS ON THIS, YOUR TERMINOLOGY AND THE COUNTRY CLUB COMMUNITY TERMINOLOGY FOR RECREATIONAL AREA BEING ALLOWED WITHIN TEN FEET OF THE LOT LINE ARE DIFFERENT. THE PART OF THE NEW ALBANY DESIGN GUIDELINES THAT APPLIES IS THAT NO PERMANENT STRUCTURE CAN BE BUILT DETACHED FROM THE HOME. SO THIS IS NOT AN. EITHER WE APPROVE IT ATTACHED OR THEY'RE GOING TO MOVE IT AWAY FROM THE HOUSE AND IT WILL BE APPROVED. IT'S EITHER IT'S ATTACHED OR IT'S NOT THERE AT ALL. SO THAT IS A BIG ISSUE WHICH WOULD MAY AFFECT YOUR DECISION. YEAH. BEFORE WE MOVE ON TO YOUR NEXT QUESTION, CHRIS COULD JUST SO WE CAN MAKE SURE, BECAUSE I WANT TO MAKE SURE I GET ALL MY QUESTIONS AS YOU'RE RECITING THEM. I DON'T LOSE TRACK OF THEM BACK PERTAINING TO HOA VERSUS CITY. CHRIS, COULD YOU ASSIST ME ON CITY VERSUS HOA? THE HOA HAS LEGAL AUTHORITY TO CONDUCT THEIR OWN PROCESS AND TAKE UP CONCERNS OR APPROVALS LEGALLY. CORRECT. WHICH IS DIFFERENT THAN THE CITY PROCESS.
THAT ACCURATE? YEP, THAT'S EXACTLY RIGHT. IT'S TWO SEPARATE PROCESSES. WE DO ADVISE APPLICANTS WHEN THEY SUBMIT PERMITS THAT THIS IS ONLY LIKE A ZONING REVIEW FROM THE CITY STANDPOINT. AND WE MAKE SURE THAT THEY'RE AWARE THAT THE HOA APPROVAL PROCESS.
SO SO WHERE JAY WAS CITING PLAYGROUND OR OR RECREATIONAL AMENITIES, THAT'S DIFFERENT.
[00:20:02]
THAT IS CONSIDERED LIKE A BASKETBALL COURT OR A PLAY, A SWING SET, RIGHT. OR A SOCCER NET, SOMETHING THAT CAN BE EASILY MOVED. IT DOES NOT PERTAIN TO PERMANENT STRUCTURES.RIGHT. SO I BELIEVE WE'VE GOT A DISCONNECT THERE, WHICH IS WHY I THINK IT NEEDS TO GO TO BE FINALIZED BY THE HOA BEFORE YOU ACT ON IT HERE, SO THAT WE CAN GET THAT DEFINITIVE RULE. SO CAN WE GO AHEAD, COUNCIL MEMBER I WAS JUST GOING TO SAY, AND THIS IS CONFUSING. I KNOW I'VE DEALT WITH THIS PERSONALLY WHEN I WAS TRYING TO DO SOME THINGS IN MY BACKYARD BETWEEN CITY AND HOA. SO REALLY BETWEEN THE TWO, WE DON'T REALLY ADDRESS WHAT HOA GUIDELINES ARE BECAUSE THEY ARE REALLY DIFFERENT IN ALL THE DIFFERENT COMMUNITIES. AND SO REALLY WHAT THE BOARD IS GOING TO DO IS JUST SIMPLY I HEAR, I HEAR WHAT YOU'RE SAYING, BUT THAT WOULDN'T HAVE ANY PRECEDENCE ON WHAT THIS BOARD WOULD DO AS FAR AS WHAT OUR GUIDELINES AND STANDARDS ARE FOR THE BZA APPRECIATE YOU SHARING THEM, BUT JUST BUT I DO THINK SET EXPECTATIONS, BUT I DO THINK THAT THE BOARD NEEDS TO BE AWARE. IT'S NOT AN EITHER OR. WE DO IT IN THIS FORM OR IT'S GOING TO BE ALLOWED THE OTHER WAY REGARDLESS, BECAUSE THAT WILL NOT HAPPEN IN PLANTER'S GROVE. SO I JUST WANT TO BE CLEAR ON THAT. THE THING THAT REALLY CONCERNS ME IS THAT THIS IS SETTING A NEW PRECEDENT FOR OUR COMMUNITY. IF THEY ARE ALLOWED TO DO THIS HERE, YOU KNOW, HOW MANY OTHER PEOPLE ARE GOING TO START DOING IT DOWN THE ROAD? IT WILL DEFINITELY HAVE AN IMPACT ON OUR COM COMMU. PLANTERS GROVE HAS ALWAYS BEEN KNOWN FOR LARGE, WIDE OPEN YARDS, LOTS OF GREEN SPACE, NO FENCES, THE WHOLE NINE YARDS. SO NOW IF YOU START BUILDING BACK INTO THE SETBACKS, WE'RE NOT GOING TO HAVE THE LARGE GREEN SPACES ANY LONGER AND IT BECOMES AN ISSUE. ONE HOUSE IS NOT A PROBLEM. BUT WHEN THIS BECOMES A PRECEDENT FOR FUTURE HOMES, IT WILL AND COULD, COULD AND WILL BECOME A PROBLEM. SARAH, DID YOU HAVE A QUESTION FOR. I DID, AND I DON'T WANT TO BEAT A DEAD HORSE, BUT AND I THINK MAYBE YOU REFERENCED THIS, I'M JUST MAKING A GENERAL COMMENT. YOU KNOW, WE RECEIVED PAPER WORK TODAY SAYING THAT THE PROPOSED DESIGN HAS BEEN REVIEWED AND APPROVED BY THE NEW ALBANY COUNTRY CLUB COMMUNITY'S ARCHITECTURAL REVIEW COMMITTEE, CONFIRMING THAT THE IMPROVEMENT IS CONSISTENT WITH THE ARCHITECTURAL CHARACTER AND STANDARDS OF THE COMMUNITY. SO I JUST THINK IT'S IMPORTANT TO SAY THAT ON THE RECORD, EVEN THOUGH I UNDERSTAND AND CERTAINLY AGREE WITH THE COUNCIL MEMBER'S POINT, THAT THERE ARE TWO VERY DIFFERENT THINGS, I DON'T KNOW IF THE APPLICANT CARES TO COMMENT, BUT HE'S SAYING THAT IT'S APPROVED.
YOU'RE SAYING THAT IT'S NOT. I WAS TOLD BY THE ASSOCIATION THAT IT WAS NOT. IT HAD ONLY GONE THROUGH CONCEPTUAL REVIEW. AND CONCEPTUAL REVIEW IS A VERY HIGH OVER YOU SAYING IT'S AN ATTACHED PORCH ON THE REAR OF THE HOUSE. YES, WE AGREE IN CONCEPT THAT THAT CAN GO FORWARD. WHEN WAS THAT? I TALKED TO THEM LAST FRIDAY. OKAY. WELL, SINCE IT'S MISS LARKINS FINISHED WILL PAY THAT BACK TO YOU, SIR. I JUST WANT TO PUT THIS OUT INTO THE RECORD.
SO STAFF SENT OUT LETTERS TO 12 RESIDENTS IN THE AREA. THANKS, JAY, I APPRECIATE THAT. OKAY, OKAY. WE'RE NOT 12 OF US WITHIN THE NOTIFICATION AREA, SO I'M SURPRISED. OKAY. OKAY. THE OTHER THING YOU'RE REFERENCING BACK TO APPROVALS, BUT THAT WAS IN NOTTINGHAM TREES, WHICH IS A TOTALLY DIFFERENT SET OF GUIDELINES. ABSOLUTELY. SO THEY'RE NOT COMPARABLE. SO FOR WHAT IT'S WORTH, LIKE I SAID, ONE HOUSE ISN'T A PROBLEM. BUT WHEN WE START SETTING A PRECEDENT THAT OTHERS WILL FOLLOW, AND I WILL TELL YOU, THE HOUSE ON THE OTHER SIDE OF ME TRIED TO DO SOMETHING SIMILAR. TEN, 15 YEARS AGO, AND THEY WERE NOT ALLOWED TO DO IT.
SO, I MEAN, WOULD THAT HOUSE, WOULD THOSE PEOPLE COME BACK AND TRY TO DO IT BECAUSE THEIR HOUSE SITS SIDEWAYS TO MINE, THEY WILL ACTUALLY COME BACK. TO MY. DO YOU HAVE INFORMATION OF WHO DID NOT ALLOW THEM TO DO SO? WAS IT YOUR HOA OR WAS IT THIS BODY? I BELIEVE? I DON'T KNOW FOR SURE. OKAY. I DON'T KNOW FOR SURE BECAUSE BEFORE IT WAS BUILT, BEFORE THEY ACTUALLY BUILT AN ALTERED VERSION, I WAS TOLD IT HAD BEEN APPROVED BY BOTH. OKAY. AND THEN SIX MONTHS LATER WHEN I REALIZED IT, I MEAN, THERE'S IN NO WAY THIS THIS WOULD HAVE BEEN APPROVED BY THE HOA. I REALIZED IT, IT HAD NOT BEEN APPROVED. OKAY, SO I'M NOT SURE. BUT AGAIN, THEY DIDN'T HAVE TO HAVE A VARIANCE BECAUSE THEY ENDED UP MAKING IT SMALLER, KNOWING IT WOULD NEVER PASS THE HOA. GOTCHA. OKAY. BUT AGAIN, IT'S JUST AN EXAMPLE OF IF IF WE ALLOW IT ONCE, HOW
[00:25:07]
MANY MORE TIMES IS IT GOING TO HAPPEN AND HOW DO YOU STOP IT FROM HAPPENING AGAIN? DOES THE SCREENING THAT THEY'RE GOING TO HAVE TO PUT IN ALLAY ANY OF YOUR CONCERNS ABOUT? WELL, NO, BECAUSE ACTUALLY THE SCREENING WOULD WOULD ACTUALLY OBSTRUCT MY VIEW EVEN FURTHER. THIS HOME, YOU CAN SEE HOW HIGH THAT ROOF IS. SO FROM MY HOUSE, LOOKING DOWN TOWARDS THE GREEN SPACE AT THE NORTH END OF OUR COURT, THIS ACTUALLY OBSTRUCTS MY VIEW QUITE A LOT. CHRIS, COULD YOU PUT THE MAP UP? THE AERIAL VIEW SHOWS UNDERSTAND WHICH. YEAH. ARE YOU ON THE LEFT? ARE YOU THE NORTH OR SOUTH TO THE SOUTH OF THIS HOUSE? OKAY. OKAY. AND SO THE HIGHER ROOF ACTUALLY OBSTRUCTS MY VIEW AND GOING EVEN FURTHER OUT. I MEAN, I CAN'T DO ANYTHING ABOUT THE PART THAT'S NOT IN THE SETBACK. BUT GOING EVEN FURTHER OUT OBSTRUCTS MY VIEW EVEN FURTHER.SO, AND ESPECIALLY BECAUSE IT'S A HIGH ROOF, MOST OF THE PORCHES IN PLANTERS GROVE DO NOT HAVE HIGH ROOFS LIKE THAT. SO JUST. BUT AGAIN, IT'S. THE IF YOU PUT TALL BUSHES, TALL ARBOR ALONG MY LOT LINE, I'VE ALREADY GOT THEM ON MY SOUTH PLOT LINE. SO WITH HEMS BEING ON THAT END NOW I'M HEMMED IN ON THE NORTH AS WELL. SO IT JUST OBSTRUCTS THE SIGHT LINES.
THE VISUAL. OF THE NEIGHBORHOOD. I STOOD. AND AGAIN, I'M JUST I'M REALLY CONCERNED ABOUT SETTING A PRECEDENT. I'VE BEEN THERE 27 YEARS IN AUGUST, AND I JUST DON'T WANT THIS HAPPENING ALL OVER THE COMMUNITY. ALL RIGHT. THANK YOU. THANK YOU. THE APPLICANT HAVE ADDITIONAL COMMENTS? JUST CLARIFYING. WE DO HAVE THE SECOND APPROVAL FROM NEW ALBANY COUNTRY CLUB ARCHITECTURAL REVIEW BOARD, AND I CAN SEND THOSE EITHER HERE OR TO THE NEIGHBOR. AND ALL WE ARE WAITING ON, PER THE ARC COMMENTS, IS THE CITY'S APPROVAL. WELL, WHEN DID YOU RECEIVE THAT? IT WAS DATED SEVEN SEVEN. WAS THE DATE OF THE REVIEW SUBMISSION TWO AND THE FIRST SUBMISSION WHICH WAS APPROVED? SAME STRUCTURE. SIZE WAS ON SIX TWO. SO WE'RE THROUGH BOTH OF THOSE APPROVALS. AND TO YOUR NOTE, IT'S OUR UNDERSTANDING WE ARE JUST APPROVING THE FIVE FOOT EIGHT ENCROACHMENT. THANK YOU. OKAY, GREAT. AND SO THAT'S TO YOUR POINT THAT THAT'S THE I GUESS WHERE I CIRCLE BACK TO IS HEIGHTS ONE THING, BUT IT'S THE ENCROACHMENT THAT IS BEFORE US RIGHT NOW THAT WE'RE TAKING IN. CORRECT. I DO WANT TO MAKE A CLARIFYING QUESTION OR STATEMENT. THE PAPER THAT YOU GUYS RECEIVED WAS PROVIDED IN YOUR DIGITAL PACKET. I JUST DID NOT INCLUDE IT IN THE PACKET. THAT'S WHY I PLACED IT ON THE DESK. SO THIS WAS PART OF THE SUBMITTAL FROM EARLIER. THANK YOU JAY, BECAUSE I DID NOT CATCH THAT. YEAH. YOU'RE WELCOME. ALL RIGHT. CHARITY, WANT TO CAN WE HAVE THOSE. YES.
APPROVALS ENTERED INTO THE RECORD, WHICH IS THAT IN THE FORM OF A MOTION. WELL ARE WE THE ARE YOU TALKING ABOUT WHAT JAY GAVE US. OH NO THAT'S. NO THIS IS PART OF THE STAFF REPORT. NO, I WAS TALKING ABOUT WHAT THE APPLICANT. OH, THE INFORMATION THAT HE SHARED. BUT ARE WE SURE? BECAUSE I THINK THE SIX TWO MEETING WAS CONCEPTUAL ONLY. ARE WE SURE IN ORDER TO MAYBE PUT THAT ON RECORD THAT WE SURE. WE KNOW WHAT WE'RE PUTTING ON RECORD.
YEAH. I THINK WE'D NEED THE ACTUAL APPROVALS, WHATEVER. I THINK EACH DOCUMENT TO DO THAT.
AND THAT WAS MY ONLY POINT BECAUSE I DON'T WE DON'T HAVE THAT IN FRONT OF US WHERE. YEAH, I THINK DO DO YOU HAVE THE ARK EMAIL CONFIRMING THAT IT WAS APPROVED? WAS THAT WHAT YOU WERE READING EARLIER? AND THEN I HAD A SUDDEN IN THIS DOCUMENT. AND THEN IF YOU PULL, I DON'T KNOW, NATURAL PROCESS, BUT THE N A THE NEW ALBANY COUNTRY CLUB, HOA.ORG, IF YOU PULL UP THE APPROVED PROJECTS. SO FAR WE'RE AT THE TOP OF THE LIST FOR THE YEAR AT THREE, SIX, SEVEN, SIX FARLEY COURT. IT SAYS APPROVED WITH CONDITIONS. I THINK THE ONLY THING THAT WE HAVE FROM THE ARCHITECTURE, THE ACTUAL FROM THE ARCHITECTURAL REVIEW COMMITTEE IS THE THE DATE OF THE SIX TWO. AND YOU SAID THERE WAS A SEVEN SEVEN. RIGHT. SEVEN, SEVEN SEVEN. YEAH. THAT'S WAS
[00:30:07]
APPROVED AS WELL. I THINK THAT'S THE ONE THAT WE'RE MISSING I AGREE. YEAH. IT HAD THE ONE, TWO, THREE, FOUR CONDITIONS. IT WAS THE CITY'S APPROVAL. A TRIM COLUMN DETAIL AND SOMETHING ABOUT A POTENTIAL ROOF OVER THE FRONT DOOR AS WE'RE DOING A NEW FRONT DOOR.BUT THAT WAS A RECOMMENDATION. SO AGAIN, NOTHING ABOUT SETBACK OR SIZE OR ENCROACHMENTS HAVE BEEN CALLED BY THE HOA ON EITHER OF THE CONCEPTUAL OR THE SECOND SUBMITTAL, JUST FOR THE BOARD'S CONSIDERATION, JUST SO WE KEEP THE PROCESSES SEPARATE. YES. JUST A SUGGESTED CONDITION COULD BE THAT THE APPLICANT PROVIDE PROOF THAT THAT AT THE TIME OF PERMITTING THAT IT WAS APPROVED BY THE BOARD BY THE. SEE, I'M ALREADY GETTING THEM MIXED UP. THE THE HOA WE'VE DONE THAT BEFORE IN THE PAST. THANKS FOR THAT CLARIFICATION. I SEE. OKAY. ANY OTHER QUESTIONS OR POINTS FROM THE BOARD COUNCIL MEMBER? JUST ONE. DID I READ? I'VE BEEN LOOKING FOR IT AND I CAN'T FIND IT NOW. BUT DID I READ THAT THE HOMEOWNER WAS THAT STATED THEY WERE AWARE OF THE 30 FOOT SETBACK? I'VE BEEN READING A LOT OF DOCUMENTS, BUT I THINK THAT WAS IT. THIS PARTICULAR CASE THAT I HAD READ, THAT THEY WERE AWARE OF IT. RIGHT? YEAH.
OKAY. I'M GETTING A THUMBS UP FROM THE. OKAY. SO THEY WERE AWARE WHEN THEY BOUGHT THE PURCHASE, THE HOUSE OF THE SETBACK. OKAY. ALL RIGHT. DID WE HAVE A MOTION ON THIS APPLICATION? OKAY. AND I WILL MOVE TO APPROVE VAR432026 WITH THE CONDITION THAT THE APPLICANT SHALL ADD LANDSCAPING SCREENING ON THE SOUTHERN AND NORTHERN SIDE OF IMPROVEMENTS IN CONSULTATION WITH CITY STAFF, ALONG WITH A SEPARATE CONDITION THAT PROVIDE THAT THEY PROVIDE PROOF OF THE HOA'S ARCHITECTURAL REVIEW COMMITTEE THAT HAS SUBMITTED TO CITY STAFF. SECOND. MR. JACOB. YES, MR. WOOD YES, MISS BRIGGS YES, THE AYES HAVE IT. APPLICATION PASSES. ALL RIGHT. THANK YOU. ANY MEMBERS HAVE ANY COMMENTS OR ANYTHING THEY WOULD LIKE TO DISCUSS BEFORE THE COMMITTEE TIME? THE BOARD. ALL RIGHT. ALL RIGHT. SO I MOVE TO ADJOURN THE MEETING AT 705 SECOND. MR. JACOB. YES. MR. WOOD. YES, MISS
* This transcript was compiled from uncorrected Closed Captioning.