Appeals.

May we start with a roll call, please.

Matt Scottman present.

Jason Applegate.

Here.

Eric Merton.

Here.

Here.

Daniel Rose.

Here.

Mr.

Chairman, we have five members present.

It will require a minimum of three affirmative votes to carry any motion.

Today's meeting is being streamed and it will be archived in a couple of days at New Albany City Hall.com.

Thank you.

For those of you who are joining us for the first time, I want to walk through a little bit about how these meetings are conducted.

There are two items on the agenda tonight.

When an agenda item is called, we'll ask the applicant or their representative to come forward.

Tell us a little bit about their project and what they're proposing.

And then entertaining any questions that the board may have.

At that point, we will welcome all those who would like to speak in favor of or in opposition to a particular DACA to come forward and share their thoughts.

After public comment is closed, we'll hear the staff report, and that is the recommendation from the professional staff seated to my right.

After that, the chairman will entertain a vote from any member of the board and we'll decide whether or not a uh docket will pass or or not.

So with that, we're gonna begin with Docket B 1726.

Phonias, Morius requesting a special exception to permitting accessory dwelling in the mixed density residential district at 2401 Fairmont Avenue.

Hello.

Hi, sorry, I should find this report and uh my name is King Lynx.

I'm here on behalf of the applicant for this special exception, Mr.

Morius.

Um basically it is the request for a special exception as was stated to permit an accessory dwelling unit.

The dwelling unit in question was originally um a structure that existed on the property prior to Mr.

Moritas actually purchasing the property at that time was occupied by as he would describe homeless persons.

Um since he purchased the property, he has basically um redone the whole thing, improved the property, it looks much better now, um, has it rented out to one person, it doesn't it's not um linked in by any of the prior homeless people if you would like to call them squatters or anybody of that nature.

Um so basically the reason for the special exception is um you know uh again it's in line with the comprehensive plan, I'll save that.

Um the purpose of the comprehensive plan as it has was redone for 2025 is to focus on the you know supply of housing available, all sorts of different types of housing.

Um this case, it's like it's a smaller piece of housing that's available for this one person, so I think it meets that criteria.

Um it's in uh so it's in harm harmony with the objectives of comprehensive plan.

It's in within the MDR district, which is also within you know the purposes of the MDR district are to provide that um the transition from the low density residential use institution to traditional provide that broad range of housing types, so it provides another one of those um options therein.

Um and then with regard to the other criteria.

Um I should point out that the commission heard this on June 16th and it passed with a vote of seven to one with a favorable recommendation to bring to the BCA here tonight.

When the planning commission reviewed, it would have considered you know the application's compliance with the comprehensive plan, as I pointed out, evaluation of the traffic patterns, promotion of public health, safety and general welfare under the section 7.12 C4, and again, planning commission obviously found in favorable that all those items are met to sit forward it in with a favorable recommendation.

Um this special exception as requested will not be injurious to the use and enjoyment of other property made vicinity, it's essentially everywhere to be pointed out.

It's already cured an injury that was um present upon that community when it had a more dilapidated structure with certain individuals who are not upkeeping it in the house at that or not house, but structure at that time.

That's not the case any longer.

Um it certainly is not going to substantially diminish and pair property values within the neighborhood for the same reason.

It should increase or not have any effect on the surrounding property values.

Um it really isn't appropriate here for the existing or intended character of the immediate vicinity.

Again, that's kind of a residential area, it's a mixed density residential.

Um, so it's in harmony with that.

It's not gonna change the essential character of the area for the same reason.

Um it will not include normal and orderly development and improvement of surrounding property.

It's a pretty small structure, it shouldn't have really any effect on the surrounding area as well.

If anything, it just adds to the residential kind of nature of the area.

Um public facilities are already available there, it's already on um utilities, no additional services would be needed.

And there are there's nothing showing that there will be any effect on traffic and whatnot.

And again, the plane commission would have already evaluated that at their meeting back in June.

So we just asked that the special exception be for intention.

Thank you.

An electrical hookup for the structure in question.

And the intent for that permit was to use the structure for support of the applicant's intention to build on that property.