2:20 So tech technically there needs to be four of us to complete the quorum.
2:25 And as it sits now, there are two of us.
2:28 And there is another member, he should be here any minute.
2:32 That will give us three, although that's not a quorum.
2:36 We can still hear the cases.
2:38 The goal here is to not delay this and make everyone come back.
2:43 Um so we can hear it.
2:45 And the three of us can kind of give our recommendation.
2:48 And then uh the admin, but I think that uh non-administration would then approve them administratively.
2:56 So we'll still hear the cases, although we don't have a quorum button in order for a little bit and everything to kind of do that.
3:07 I feel folks don't have to come back.
3:11 So I'm trying to prevent that and uh, I think it's a good one.
3:20 Shortly he just text me and said, So, I appreciate it.
3:29 And then additionally, so um, there are printouts for that planning commission kind of shows the recommendation and um typically the board really follows what um the recommendation from planning commission, although you know, we don't always do that, but um we we really rely on their recommendation.
3:51 Um I think if if you s if you see that the recommendation recommending an approval, I think, you know, really come up, just kind of state your case, kind of what's going on.
4:01 But I think it should be fairly uh well for you.
4:04 If if uh if they are recommended recommending a disapproval, um really I would get up and kind of speak towards maybe why they are recommending a disapproval and why you can disagree with that.
4:22 So that's kind of a good how things will go.
4:27 So and then before you speak, please sign in and then we'll read the right hand, and then she'll swipe you in.
4:33 Once you use this once Rob's wrapped here, we'll go...
8:29 Alright, so as stated before, we don't have a quorum, but we will give our we will vote and then if they will kind of approve or disprove based on this administrative one.
8:43 It's been done in the past, from what I understand.
8:44 So, anyway, we'll get started.
8:50 I would like to call to order the hearing of the administrative board of zoning appeals at this time, I i i uh uh uh uh uh I know I didn't say this for, but if you intended to speak and provide testimony, please sign the sheet on the podium so we have the correct spelling of your name and address additionally prior to providing any testimony.
9:22 Raise your right hand this morning, we are also recording the hearing here, so please speak directing to our Mr.
9:35 I guess we can call the overall here, Robert Pasker here.
9:47 Here, uh so we don't we don't have a quorum, but I guess for the record, I guess people I guess the record now has who is here.
10:00 Um would you please read the first case?
10:06 BZ 826-501 South Detroit Avenue, also known as 1502 Lombard Avenue.
10:17 The applicant request variants on approach in order to install a bailout lane.
10:25 Is anybody in attendance want to speak on this case?
10:33 My name is John Slater, and I have with me Ben McDaniel.
10:38 We're both going to speak, so we'll both be sworn in.
10:42 Are you an attorney?
10:44 You will you attorneys on you this morning?
10:46 If he claims to speak, then he does.
10:49 Can you please say your name now?
10:51 Ben McDaniel, eleven thirty-six South Park Traveling Green, Kentucky.
11:02 So we have we have the packet, but it'd be good just kind of run through.
11:05 Um it looks like planning commissions recommended and um approval for the variance, but it'd be good just to kind of give a little get a little more background for the sure.
11:13 I'll just give you a quick executive summary.
11:15 And there's actually two variances being requested that are part of this.
11:19 Um, and again, my name is John Slater.
11:23 I'm an attorney with the Tucker Ellis Law Firm.
11:25 My address is 950 Main Avenue, Suite 1100 Cleveland, Ohio.
11:31 Um I represent driven brands, and I've represented them over the last three years.
11:38 McDaniel is with our engineering firm.
11:41 Uh, he does a lot of the site work and he's interacted with the city.
11:44 So we're requesting a area variance, two of them, um, based on the unique characteristics of this property.
11:51 We we think and we agree with the planning commission's recommendation.
11:55 Um there's the the property actually exists on three separate streets.
12:01 It's very small, about a half an acre.
12:03 And so we're on Detroit Avenue, Glendale, and Lombard Avenue.
12:08 Uh Lombard doesn't go all the way through, as you may see from the packet, and uh we've given you all the information because of that um and the required setbacks, it creates some real difficulties in building on the property.
12:22 Um we're actually improving the situation that it currently exists.
12:26 Right now, there's a existing building on the site that's not that's uh basically vacant.
12:32 It's a commercial building.
12:34 It's uh directly on Detroit Avenue and uh Glendale.
12:43 Um in other words, there's very very little setback.
12:46 This will improve the situation by one, reducing the size of the building, driven brands, which is they do the uh oil change, as you may be familiar.
12:57 Um normally have a three-bay type of uh facility.
13:00 We actually only have a two bay facility that we're proposing on this site, so it's much smaller.
13:05 We're reducing the footprint of the building itself.
13:09 Also, we're reducing the amount of impervious surface that currently exists on the property.
13:15 So, you know, overall the situation that exists there will be much better.
13:19 We think more in compliance with what your code would permit.
13:24 Um it's a permitted use.
13:26 Um we're actually closing one of the access drives on uh Glendale Avenue, so it reduces uh the amount of access to the main streets because we're right near the intersection.
13:39 We have the fire station across the street, Caddy Corner to us.
13:42 Then there's a right aid, what was a right aid kind of across the street, a U-Haul business, if you're familiar with it.
13:49 So again, um we believe it's appropriate because of the unique characteristics of the property on three streets, very small in size, and because there's an existing building there.
13:59 We haven't acquired the property yet, so there it's not a self-created hardship.
13:59 We're under contract, and we've been working with the city for almost a year now to get to this point.
14:11 Um, and we appreciate their recommendation also.
14:15 Uh we would ask for your recommendation.
14:17 We're here to answer whatever questions you may have, and I don't know if uh you may want to just talk real quickly about the variances.
14:24 Uh we on the east and west side, um, the variances that are required.
14:30 Uh so in this at the site we have a landscape uh that is required for the green belt way along um Glendale and Detroit that has kind of limited what we could provide in that area.
14:43 Um we just have a minor bit of pavement that will be there just to allow access for uh pedestrians to the building and then uh and try to minimize as much as we can in that area, providing uh all the required landscaping still within that space, and then along Lombard Avenue, uh we have a uh bailout lane that was requested by the city, and to do so to get that minimum width, we had to get into the 25 foot landscape buffer between that residential uses on the opposite side of Lombard Avenue, and then our commercial already zoned use.
15:17 Um we are gonna provide all the required screening in addition to the fencing along that uh buffer area to make sure that none of that light from the site lighting is bleeding off into the pedestrian side of things.
15:32 And so you understand Lombard Avenue doesn't have houses on both sides in this area, it just has the streets.
15:39 So there's already a buffer, and actually what's there now is just a guard rail.
15:42 So we're gonna be providing screening or otherwise, I think much improved situation.
15:47 So again, we're here to answer whatever questions uh there may be.
15:51 If there's comments or otherwise, we'd like an opportunity to address those from the public, but other than that, you know, that's our presentation again.
16:01 Thank you for your consideration.
16:07 Uh thank you for that presentation here.
16:10 You have in your packet uh variance exhibit A and Variance Exhibit B.
16:15 Are those two different designs or one the same?
16:21 Yeah, exhibit A, I believe is existing conditions.
16:24 It you'll see a building right on the corner.
16:26 So that's what's currently there, and again reflects that you can see the size of the building.
16:32 Exhibit B is our proposed building.
16:35 Again, much smaller, and because the people uh the bailout lane is for individuals that are in line to get service.
16:45 Um, although we also provided you some information, we uh typically our peak users are seven cars in an hour, and that's for a three-bay type of use.
16:57 So here we'd expect less.
16:59 But either way, if people get lined up and they want to leave because they don't want to work, that's the bail the reason for the bailout lane.
17:04 Understood, thank you.
17:08 I I drive by this property all the time.
17:11 I'm thrilled that um something's being proposed here.
17:16 I don't I don't have any further questions.
17:17 I don't know if anybody else does, but is there anybody else?
17:21 Yeah, I guess is there anybody else in attendance that wants to uh speak on speak about this project?
17:31 Thank you very much.
17:34 Not seeing any other um folks in attendance, uh, I guess we'll should should this variance be approved?
17:45 Yes, Robert Pasker.
17:56 If you if you move on the variance, the bail out lane.
17:59 If you if you plan on speaking, please come and um I mean we we did just vote um, but I guess my question was I live right on, I live on Lombard.
18:12 I live in the last house, which is the most probably the most appealing.
18:15 Please be sworn in.
18:17 Can you please state your name and address for the right?
18:21 Can you please state your name and address, Scott.
18:39 You you may have not seen any of the plans, but it doesn't look like there are any nothing's coming in and off of Lombard Avenue.
18:48 Oh, he needs to be sworn in.
18:51 You'll need to be sworn in, they're gonna gotcha.
18:54 If you agree, you swear if you're about to say it's the best or not.
19:01 And I'll just if I may, this is the plan here.
19:04 We're not gonna be accessing your street.
19:07 That was a big thing because they because a lot of uh children walk through there or something.
19:12 They walk their dogs around through through here and so like there'll be no access to the fact we're closing access.
19:18 And then you live right here.
19:20 Yes, uh actually right here.
19:23 So again, and I just wanted to make sure because that's kind of a my dog actually got hit by a car there a long time ago.
19:30 I've lived in this area for a long time.
19:32 They actually closed that off because of the safety issue.
19:35 That's why they closed that off because the traffic's really bad at that corner, like you said, and turning that corner, trying to get out of that from there with the building so close to Glendale is kind of a safety issue.
19:47 So, I mean So we're removing the building that was here, and we're gonna move it right here, and it's about half the size.
19:56 So it basically the only entrance is uh, that would be the only entrance.
20:00 Well, I got no uh no objections other than the oil place in the understood.
20:13 Um but so we did vote and we are approving it.
20:18 Um I administratively, so and so then um it will be approved administratively going forward.
20:24 So yeah, I think I think we're all set.
20:31 Secretary, please read the next case.
20:35 Thank you very much.
20:36 15 uh 4606 Rambo Lane.
20:42 The zoning district is 10 RS6.
20:46 The applicant requests a variance in order to install a six-foot privacy fence in the secondary front edge on a dual frontage lot.
20:56 Does anybody in attendance want have want to speak?
21:00 Um if you haven't please sign in.
21:04 Okay, please raise your right hand to be sworn in.
21:08 Richard McGranahan Junior, 4606 Rambo Lane.
21:11 Can you swear when you're about to say if you're the best or not?
21:20 Um so please kind of give some background.
21:23 We have a pack of it if you could.
21:25 Um looks like planning commission is recommending to disapprove the variants.
21:31 Um kind of want to hear more from yourself and get more information for the board.
21:37 Well I have a um I live on a corner lot of the front yards on Rambo, the backyard is kinda on bar still.
21:47 I have a pool, so I wanted to get a privacy fence because we live by a park and there's people walking down the street all the time, and just I just wanted some privacy.
22:00 Okay, and it looks like from the road to the fence, it's fifteen feet, yeah.
22:08 Well, approximately 15 feet from the fence to the road, yeah.
22:13 And has Department of Transportation looked at this at all?
22:22 As Department of Transportation looked at this.
22:25 I haven't heard from transportation on this one.
22:35 So you I was trying when I was reading this before.
22:41 Thank you for coming and being proactive and not just putting it up.
22:48 You don't want to put it on the side of your garage, start there.
22:53 That's because I will lose some of my yard in the pool will be like this close to the fence.
23:01 Well, have no room.
23:03 You mean next to the house?
23:06 Are you staying inside of the sidewalk?
23:08 I'm looking on this.
23:10 I'm looking right here.
22:59 I'm looking right here.
23:14 Like it's it looks like it's a fence right.
23:16 What is that right there by your that's the sidewalk outside?
23:19 That is a sidewalk.
23:20 Yeah, yeah, that's right here.
23:23 Oh, that's where you wanna go.
23:26 It's like kind of a little bit of extended past the garage and it goes to his house.
23:33 What if you put a fence up and put a little door up there?
23:38 Just trying to help.
23:39 I'm just trying to help.
23:41 Yeah, so that's what you're here.
23:44 Yeah, that's the sidewalk.
23:46 So you you just want to put your fence like where the existing fence is, but you just want to do a privacy fence.
23:57 No, that ain't gonna work.
23:59 And how high do you want to go?
24:03 Yeah, transportation, I don't believe will go for that.
24:06 Um just because I mean you can put an extra fence over there so that nobody gets there.
24:16 Uh do dual fences, but I understand what you're saying.
24:19 Only thing is uh because it is on the corner there, it's probably wouldn't go for that.
24:25 I I'm almost positive they wouldn't, but I'm not transportation.
24:30 Yeah, the this board has traditionally taken a pretty hard stance on fence sizes going in and extending the.
24:38 Um I'm pretty sure city council just recently, I think last year passed um an amendment to the legislation to actually be a little bit more lenient on it, and being that they we just recently passed it's a fairly updated, um, fairly updated legislation.
24:56 We kind of really go by what they say.
24:58 We don't know, not always, but I would say most of the time.
25:02 So you can put up a privacy fence, it just can only be three and a half feet tall.
25:08 Unless you do the setback right, and unless if you went to the edge of your corner of your building, you could do a six foot fence.
25:16 So if you came off the corner of your garage and over, you could do a six-foot fence without a variance.
25:22 But I'm I guess I'm just giving you options on what you could do without asking for a variance, pending our decision, um, but yeah, I guess that's kind of how it's we've been handling these of recent.
25:42 But I guess I don't know if anybody else has any.
25:47 I I won't I won't go for it just because we did just pass it.
25:53 So you you have the ability to do a six-foot privacy fence, it's just you'll probably have to bring it back.
26:00 Bring it and move it in closer to your garage, like right off your corner of your garage.
26:04 And you have the existing sidewalk there, if you went.
26:08 I was gonna my sidewalk's gonna be on the other side of the fence.
26:13 Well, you could where his existing sidewalk is from the garage to the house, it extends maybe six inches off the corner of the garage.
26:23 It's like in the corner of the garage, like the I have a doorway right here in the sidewalk.
26:31 I I wouldn't expect you to put a fence that blocks your sidewalk.
26:36 Esther's right there.
26:38 Why are you just letting us talk?
26:40 So she's so the side.
26:43 She works for planning commission.
26:45 I had spoken to him earlier on, and the sidewalk walk you are referring to, that's a pathway.
26:50 It's not the public sidewalk.
26:52 So and there's not like a door to the garage that's redeemed the fenced area.
26:58 So it's coming all outside.
27:00 So whether you when you move the fence inwards to get the six foot high, you can still access your pathway to your house.
27:08 So it there's not really a hardship here.
27:17 Okay, I don't know.
27:22 I guess it's up to the to the board to to vote on if your parents should be approved.
27:27 I don't know if there's anything else you'd like to say.
27:31 Does anybody else in attendance want to come out in the corner?
27:36 But he can still access this.
27:29 So I'm hearing nobody else.
27:42 Should this variance be approved?
27:51 That has not been approved.
27:56 Secretary, can you please read the next case?
28:04 Address is 1607 Hamilton Street.
28:10 Applicant request a variance in order to build a detached garage and the front yard setback.
28:24 Just state your name and address for the record.
28:25 Johnny Jones, 1607 Hamilton Street.
28:34 Is your final address for that?
28:44 Or the address in question.
28:48 And I'm here to support Johnny 1607 Hamilton.
29:00 I guess give us a little more background on we have the packet, but maybe give a little more background on what you guys are trying to do.
29:09 I mean, so uh Johnny wants to uh build a garage to um pull in cars and and close them.
29:17 Um he has a double lot, um, and um on the lot that his house sits, um, there's not really a practical or um or a good way to put a garage behind the house.
29:32 Um he owns the the lot to the left as part of the same uh um address, and so that's wide open, um able to to build a garage.
29:43 Um we were familiar with the 60 foot front setback, and when took a tape measure to it, it brings the front of the building, uh sorry, the rear, the the rear uh part of the building right next to um a very mature tree with um exposed roots that are very large.
30:08 Um and so it posed some uh logistical problems for pouring a concrete foundation, and then uh kind of raises some um some future uh questions about the uh integrity of the concrete foundation and the future and the uh integrity of the the building um building on top of that root system.
30:32 Um so uh we applied um to not do a full uh not to do away with the front variance altogether, but just to uh move it 20 feet up and have a 40-foot variance because I think what was applied for.
30:50 Um, um, you know, based on I guess what I read here, um it sounds like some of the concerns were um you know somewhat agreed upon.
31:02 I think that um we met at least five of those um required approval uh criteria.
31:09 So I don't have much else to say aside from that, other than um I had a question.
31:18 I know there's a contingency recommendation on here, and I just had a question about that, but what is the question on the so the approval's contingent on the condition on the condition that a driveway is installed to meet uh zoning requirements?
31:33 I don't think that's a problem.
31:34 Uh does that have to be a part of the uh the exact same project, or can that be done after the fact?
31:42 Different permit, different project.
31:45 I wouldn't say you're saying it's not a private uh problem, you need a driveway leading to a garage.
31:53 You cannot drive on dirt or gravel.
31:57 That's why we are recommending approval, however, you have to put in a driveway.
32:01 We give you at least a year to put in a driveway.
31:59 As long as you're working with us, then there's no problem.
31:59 I haven't put in I have a driveway, but where the building will sit, we have to have a two-no problem.
32:18 Yeah, so that is something you have to submit um the certificate of zoning compliance, and you have driveway width maximum is twenty four foot.
32:26 So it's something that you would have to like reconfigure to lead to the garage.
32:35 And the the front of the home is that twenty feet off of the road, and they're essentially saying that this will sit back an additional twenty feet.
32:45 Is that what you're asking for?
32:47 My understanding, correctly.
32:55 So I think the drawing shows ported foot in the front, so do you asking for what's many foot um variants?
33:03 Yeah, no, you you use you provided it and answer my question, I shouldn't see it.
33:12 Yeah, I think the the normal is 60 foot front, and I think the request is forty foot, so exception of twenty foot.
33:20 So the two trees way back in the back.
33:26 I think he's you know, in I think he's definitely willing to do the driveway, so as part of that contingency, so uh I don't have another question.
33:35 I just have a question.
33:36 Um so are you taking down your fence?
33:42 You have a fence there, right?
33:44 You're gonna take down your fence.
33:45 No, that's a problem.
33:46 That's what that's why I wouldn't drive to the way all the front of the fence because I do have a doll.
33:54 Oh, he I think are you talking about on the front, the wood panel fence in the front by the sidewalk, the chain link.
34:01 Oh yeah, you have to come down for the driveway.
34:05 I think it's already done.
34:08 We have a little panel guy.
34:09 It will be taken down yesterday.
34:11 Yeah, you got two vacant lasts next to you, right?
34:18 I don't have any more questions.
34:27 I think we're all set in.
34:29 Um, should this variance be approved?
34:41 I don't know if that's a good one.
34:56 Secretary, can you please read the next case?
35:07 The applicant requests a variant in order to install a six-foot wrought iron fence and two front edges in a sign exceeding height restrictions.
35:19 Hello, are you an attorney?
35:22 You have to have a chance to sign in.
35:25 Can you please raise your right hand if you forhand?
35:26 I'm David Munger with Munger Mugger Architects 225 North Michigan.
35:42 No, take it all like buttons, please.
35:46 I'm here on behalf of the diocese of Toledo.
35:51 They are planning to or they're building a a new pastoral center.
35:56 Um at the corner of Collingwood in Delaware, right across the street from the school and the cathedral.
36:03 And there's an existing sign on the uh Delaware and Collingwood corner, which looks like this.
36:13 It was in your packet.
36:15 And uh the diocese would like to have a similar sign to that at the corner of Melrose and Collingwood.
36:27 And the existing piers that are along both sides of the Collingwood would also be matched.
36:36 You can see those uh right below this.
36:29 And they're also in your the pictures also in your packet.
36:43 Um the idea would be to create uh a unified campus feel on both sides of of Collingwood and to be able to address the signage of the pastoral center, and so it's gonna help wayfinding as far as the materials go.
37:04 We're gonna try to match uh the existing materials as close as we can.
37:09 Those have been installed for a while, so um, there's been some fading, but we're gonna try to match the same materials.
37:19 Does anybody else in attendance uh want to speak on this case?
37:24 I I don't have to this variance be approved.
37:31 Yes, Robert Pasker.
37:46 BZA 26-18, 3243, 134th Street, RD 6.
37:58 The applicant requested variance in order to build a second garage above side size limits in the front yard setback, reach a combined total of six parking over the maximum allowed of four.
38:17 Caleb Seeger, one, two, three, four, East Eury Road, Erie, Michigan.
38:28 I'm the owner of 3243 134th Street, Toledo, Ohio.
38:40 Yeah, I guess we have a little more background on the variance that you guys are asking for.
38:45 So we're looking to add this garage.
38:48 It does not meet the setback requirements.
38:51 Um, there was a few questions of mine too where we could maybe set it back a little bit, but this is the very last house in the street.
39:03 Um Carl does own that there was a couple lots that were combined for the house, um, but he owns the additional one, two, three afterwards.
39:14 Um, the next house is across the street from the next house in line from his that makes sense.
39:27 The neighbor's house, yeah.
39:28 So he's he kind of like sticks out and almost like a little peninsula area is very at the end.
39:34 Um, I know the setback requirements uh the the house that he um owns is what he would be blocking, so it's not necessarily a blocking of a neighbor's view of the lake or anything, um, and it's completely on the end.
39:53 Um the new proposed building would match the house with the fake stone to dress up the neighborhood, make everything look good.
40:05 Um the uh cedar shake siding and the gables and whatnot.
40:11 Um, there would be a little bit of concrete added but not much just to maintain the garage doors of the new house or the new garage.
40:22 Now I know in the code, and this isn't a huge thing, but with the fire codes, if there's uh doors that directly align from existing buildings that you have to go 10 feet instead of five, but our placement in there's like there would be a service door at the end of the building, but it does not directly line up with any of the existing buildings of door spaces.
40:51 So the way that I look at it as possibly could go backwards another five feet, depending on fire rated materials or whatever on the end of that building as well.
41:19 Is anybody else in attendance want to speak?
41:24 Um some clarification.
41:27 So this is not going to be the front yard.
41:30 This is the uh rear yard.
41:32 So with the way um the director made an interpretation.
41:37 If you have fit front in the lake and the front of the house is front in the lake, that is your front yard.
41:44 The street is your rear and side yard.
41:47 So in this case, it would not be the front yard set back, it would be the rear yard paving requirements.
41:54 So you're saying the front of his yard isn't like yes, that is how the director has always interpreted it.
42:07 I was originally in here uh two years ago to get a setback on the house, and the the city had told me that my backyard was the property to the north, because I had to be 25 feet off the backyard, and I was looking for a four-foot variance to save a tree, and so I always considered the backyard to be towards the north, and the front yard was actually towards the street, so but that's last time I was in here and asking for a variance on the property.
42:45 You said last year?
42:46 Two years ago, 23, excuse me.
42:48 Oh, we changed a whole lot.
42:53 Well, I that's I didn't know that.
42:56 We changed a whole lot.
43:01 Yeah, because originally my original house is where this garage was going to go, which I um removed and added to my property, and um the original house actually stuck out even with the current the the little house next door at 3235, and this garage is actually gonna sit back a little farther if we you know than the original house was there, so the property has also been in his family for three generations too, yeah.
43:36 I I don't have any questions.
43:42 I'm looking at this page here that you submitted.
43:45 Okay, you have the three-car garage, and then you have another garage right here too.
43:51 Oh, there's there is a garage behind uh greenhouse, and there's an existing garage that I left that was a part of the original house that was on the property.
44:02 And you need another garage, yeah.
44:07 Is more of a shed, it can barely fit a Jeep in it, um, and I just use that for utilitarian use for a lot of my hunting equipment and stuff, but um the I have uh um four historical vehicles, uh the three of them coming from my dad that passed away.
44:27 One's my fiance's uh historical vehicle from her dad, and um I have a couple Jeeps too besides my company vehicle, but uh I'm just looking to get them off another property than my dad's property that I would like to sell on Shoreline, but I need the garage space over there to keep the cars out of the weather and without the extra cars car space.
44:51 Okay, I don't have anything else.
44:59 Robert Pasker, yes, and East Williams.
45:09 You're more than welcome to stop by.
45:19 Have a good morning.
45:23 And maybe it'll be always like a phone side.
45:27 So I wouldn't get a lot of the way.
45:36 Alright, so the next one.
45:29 So you can please relax.
45:52 The applicant requests a vo variance in order to install a six-foot privacy fence around exterior seating area within the front yard setback.
46:04 Does anybody in attendance want to speak on this page?
46:49 I'm representing 406 North Westwood.
46:58 Um so currently there is a deck and it has a three-foot fence.
47:06 We're asking for it to be six feet to sort of create a boundary for the lounge and the neighborhood to help with the separation between the two.
47:28 Is the deck in the front?
47:30 It is in the front.
47:31 Yeah, that's gonna be right.
47:32 Yeah, and so the the deck is being redone.
47:37 They want to hire the fence about three feet to separate it from the neighborhood and keep people contained onto the deck.
47:48 This this is not a deck.
48:06 Are you going to build a deck?
48:08 It's a very small deck now.
48:11 It's going to be redone.
48:12 And with the revision, the fence will be higher.
48:17 So how tall is this right now?
48:21 This is three feet?
48:23 Oh, it's not all that's fine.
48:25 That's not three feet at all.
48:28 This is actually a six.
48:30 It got maybe a few feet.
48:34 From my understanding it's trying to be moved from three to six.
48:41 Tell me what's wrong.
48:44 I see what's wrong.
48:45 I want you to tell me.
48:48 Because it looks like from the drawings that we have, uh, is looking like they're trying to make it bigger.
48:54 And go all the way around.
48:57 Okay, and um, so they had gone through its own change process, and we had a lot of complaints, a lot of people calling.
49:08 Um they had concerns about um noise, and when you're expanding the deck in the front, you're adding on to the concerns that people already had.
49:19 So we told them to come to BZA and make the case, but we are still recommended disapproval because initially they said they were going to put parking in the rare yard, but right now we parking where in the red.
49:32 So the uh properties next to the back, so that people would no longer park in the front.
49:39 But when we go to site plan, there's no parking on the site plan anymore.
49:44 So this is going to amplify the issues that were already raised during the zone change process, which they said that we're going to address, but now we are going to see a larger deck in the front.
49:58 Yeah, that's what I'm looking at.
50:03 So is this a is this a like a bar?
50:10 And is it residentially zoned?
50:13 What is the zone, Esther?
50:15 It's zoned commercial.
50:18 But their residence is next to it.
50:20 And across from it.
50:22 So I'm guessing I'm trying to figure out because I'm looking at this here.
50:26 Um and it looks like a deck going from the front on what Westwood to the side and all the way around and make it handicap accessible.
50:40 Is that what we got?
50:41 So this is what we got.
50:47 And they want to come across the front too.
50:49 Yeah, it's going to come to the front.
50:51 So we saw a deck, but in the side plan is showing out our outdoor patio.
50:58 Okay, we got some cleaning up to do.
51:02 Um and they are working with you guys.
51:07 They have been working with us, but that we told them to come to BCU because that's not uh the zoning code does not allow that.
51:15 And if they also need an outdoor patio permit from the division of transportation, which I don't know if you already got that.
51:23 I haven't seen anything from transportation.
51:25 Yeah, so that has not been approved yet.
51:32 Okay, just to confirm that it appears that transportation does not have an issue with their variances.
51:38 I am not aware of that.
51:40 So transportation usually looks at so if it's that, then it's the just the deck.
51:47 But on the side plan, it's a patio.
51:49 So I don't know which it is.
51:53 So I don't know what transportation actually we review, whether it's a patio or a deck.
51:58 It's not going to be extended out any further than what's already there, right?
52:08 So no, it looks like it's coming out a lot farther than what's there.
52:12 It's coming off a lot.
52:13 Yeah, it's gonna be bigger than what's actually.
52:21 And they want the approval for a fence in order before.
52:28 Oh, here's the side.
52:53 Um should this variance be approved?
53:05 It has an approved.
53:07 Tell them to fix this.
53:13 I don't know what Trey Vine doing, but he needs to call her today.
53:23 Tell him that you can trust me at these time.
53:26 I actually must stop.
53:35 Oh, we'll hold them in the whole approval minutes from last week.
53:39 So I guess do you need anything else from us?
53:43 Uh, kind of go by it.
53:48 No, I think I can handle everything from administrator point of view.
53:52 Um thanks for printing those out.
53:55 I think it did help.
53:56 Um, so if you maybe choose so planning uh planning commission's recommendations, um she printed them out and put them up there so everybody can read them before they came up.
54:06 I thought that would work pretty good.
54:08 So just find out from the owner what they saw.
54:16 We don't know what you're selling.
54:19 Is that not just how we sent an email to the um applicant that we cannot hear it.
54:29 I sent you an email.
54:32 I had uh a letter to show up at 10 o'clock.
54:29 No, I sent you an email three weeks ago, and before that, Josh had been with you.
54:46 I sent you an email.
54:47 I know you were C Ced on the email.
54:50 So that one is we deferred due to lack of information.
54:53 So your sign needs a base.
54:57 It needs a base that is compliant with the zoning code.
55:00 Of course, sign cannot be heard by the BCA.
55:03 You have to put a base there before we uh need to be.
55:12 But until you have a compliant base, we can hear it.