City of Norton, Ohio Board of Zoning Appeals Meetings, 16 Nov 2021

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From YouTube: 11-16-2021 BZA

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11-15-2021 - BZA Meeting

A

Oh there you go.

A

All right good deal.

B

Do you have too much caffeine today? I know he's like bouncing off the walls. What's going on what is going on with him.

B

It was that lunch.

B

Was it all chocolate or something.

B

Yeah, chocolate and caffeine.

C

Was supposed to come with a brown curry.

C

Kind of mixed up.

A

Market: okay, yeah see my kids.

C

A

Next, to that hand, place the um yeah.

B

C

We have four.

C

C

D

C

Can you hear can hear it is 6 p.m? On november 16 2021, I hereby call to order this hearing before the city of norton board of zoning and building appeals, because this is the quasi-judicial board.

C

Anyone wishing to speak with the intended purpose of providing information for or against the submitted application must sign the attendance sheet located at the podium when it is your turn to address the board, come to the podium, raise your right hand, and at such time I will administer the oath asking ask you to state your full name and address for the record. The procedure we follow is very simple.

C

The applicant will have their time to explain to the board the rationale for their application, at which time the board will ask any questions they deem necessary upon the applicant's completion. The chair will then ask for those people interested in speaking for or against this application to come to the podium.

C

If you so do, then you too will be asked to raise your right hand, and I will administer the oath and ask you to state your full name and address for the record.

C

If there is a need for the applicant to provide additional answers, just a reminder that you will still be under oath once all have been heard once all have been heard, the fact-finding portion of this hearing for this application will be closed and the chair will open the discussion to the members of the board until such a time as a motion is brought forward.

C

Okay, all right, if everyone please stand for the pledge of allegiance in a moment and a brief moment of silence,.

C

I pledge allegiance to the flag, the united states of america to the republic for which it stands. One nation, under god, indivisible with liberty and justice for all.

C

Okay, at this time, will the secretary please call the role.

B

C

B

Andrew president, nick president and tom here, thank you.

C

Okay, I now declare this public hearing convened on bza application, a9-2021 regarding property, known as 3552 brookside drive filed by fernando hern, hernandez, hernandez, hernandez, um requesting a variance from section 1296.03 parentheses, four, from the codified ordinance of the city of norton ohio for the purpose of a pole, barn, be it known. The application was filed with the city on october, 29th 2021 and the secretary sent notices via first-class mail at least 10 days prior to the original date of this hearing, as provided by section 6.03 of the charter of the city of norton ohio.

C

Would you like to come forward just come the podium and raise your right hand? um Do you swear to tell the truth and nothing but the truth so help you, god.

E

C

Okay, if you could please state your full name and address for the record.

E

My name is fernando hernandez. I live in curing town in 3552, brookside drive and uh well. The reason of my you know what I'm here is because I want to build a pole barn. Last year I built uh another building and uh you know in the beginning of this year. I noticed that it was not good enough. I am I didn't know, you know how much I can build, but I I talked to him. You know he.

E

He told me he's playing me and then uh that's why I'm here you know, I uh I uh you know, I yeah. I'm sorry, take your time.

C

Yeah take your time yeah, just yeah.

E

I'm sorry I'm a little shy, but.

E

B

You know you guys don't.

E

Know me my, like I told you my name is fernando. I I came to ohio 23 years old once we're about 20 and uh I'm a business owner. I own casa del rio in westworth, ohio and then about 11 years ago I came to uh the city of norton in 2013. I opened casa del mar and you know- and I love this album and I like it over here and that's why you know I want.

E

I want to make this my house forever and I just want to make it the way I like it or not, I'm requesting for more uh space for storage, because.

E

I run a room, you know I, uh I I've been collecting cars classic cars. I like to work on my house. I work on tools. I work on a fixing fixing top around the house and then.

E

That's fine, my family is growing. uh You know I live with my daughter, camilla, my son, my girlfriend her two kids and uh you know it's. We. We need more garage space and, like I said you know, I that the reason for uh for new garages to put away the classic cars also we love, we love the uh outdoor stuff. We will go kayaking when we can and then you know I.

E

I don't know you know, that's that's.

C

Okay, we can ask some questions.

E

F

C

We come across um questions like right now. I see you've got a note here that you want to you'll. Take the smaller shut down right. What's the size of the building, this other building that you have on the lot, what size is that that.

E

One is 24 by 27 26 by 27. I I did measure that uh I'm.

C

Sorry say that one more time.

E

C

E

Yeah and the one you know that I that I say that I I will turn down right now. You know there's holes and uh there's there's a nest for mice. So you know, if you guys, are it's coming down? No matter.

C

Okay, okay, so um where are you where's? Where are you putting it at on the property.

E

The property uh there's some pictures there.

C

Oh here I see pictures of area where I want to build the car.

E

Pretty secluded there's a bunch of trees, there's it's far away from all the property lines you know from my neighbor, so I don't think I would bother anybody.

G

Okay, this- I have a question for you about that. This is showing pictures of the land itself, but what we actually need to do is we need to see it on your plot, okay, where it's going to be located on that, but, right on on the information that you gave us there's no indication of where it's located.

C

C

I'm sorry the little one, no, the one to the left. That's when he's tearing down.

B

C

No, the one that he's keeping is 26 by 27 for a total of 702.

E

G

So that's right, yeah, correct.

C

G

What's the size of this that you're going to remove.

E

That one is about it's probably half of the size that the one I have now the metal building, so that would be.

G

The diaphragm said it was 12 by 16.

G

Would you say your garage.

D

Was 26 by 27.? Yes, thank you. Thank.

E

D

You know I can only.

F

E

I only have to cut here and a bunch of tools and workbenches and last year, so I you know, after what I knew.

E

On the building.

D

On the building um there will be, there will be a water, runoff and so on. Will you will you have gutters on it and so on? Where would you pump the water so to speak?.

E

In that wetland area, did you have behind them yeah it's just behind this wetland and I'm planning to do that.

D

E

C

E

Oh, it's coming down this way. Sorry, the building is, you know it's not there, but it's it's by 12, I'm putting I'm planning it. You know. So I can work on the cars right.

D

G

It's this one right here.

C

So this is what I I can follow. This is the.

F

C

And this is the pool and where's your current. The building you have now.

A

C

One I have now.

C

So the shed you have currently is right here or the building building, and this is coming out and then where's the new building gonna go right in here: yeah, okay, okay, that makes it one.

D

F

C

Perfect on this picture,.

D

No, I don't think well, it's under the trees, I think so he's building it like.

C

It's kind of candy corn.

D

He's building it like.

C

See how he's got um this is where the current building he has there's.

D

C

Shed that he's taking down yeah.

D

C

His pool and then the building would be over here.

D

Yeah he's building it like you got it right here, but I think the ankle might be wrong right. That's where he's building it.

G

D

You're right you've got it really.

A

C

Do you have a septic.

A

C

It's like five.

E

Five: seven.

C

G

C

E

Where's that the uh septic is behind the house, it's between the pool and the in the house, okay,.

C

E

Far away from uh the.

D

Do you have any idea how far away it will be from the neighbors or your property line, or the neighbor's property line about where you're putting the building.

D

I mean approximate, maybe I know it.

C

Can it be at least 10 feet away.

C

E

Relationship tonight.

B

E

Might now a little bit.

F

Because you know the there's no leaves yeah but.

C

The light leaves.

E

C

So the the code reads that you have to be a hundred feet when you have that much acreage, you're supposed to be 100 feet away from the neighbors and your.

F

C

Is that does that sound like 100 feet? Is that possible.

C

A

G

C

He's scott.

D

Shall be connected to a building, including the church and in my neighboring property.

G

Okay, so that's he's talking about a building.

D

F

G

100 feet from any.

F

Building from the neighbor's.

C

G

Including neighbors buildings so.

C

We've been to his or the neighbors.

G

Yes, 100 feet away from neighbors building for his building. Okay,.

C

B

G

Our rules and regulations.

A

C

D

Think you could do that actually save yourself. Here's a this is a hundred feet. This is 100 feet right, yeah attached to it. Oh that's almost.

D

So, in other words, you just go all the way around here, so there's so if you use the 100-foot rule um and then here's this here's his uh home health system is here so they're they're ready for this is all it's like.

D

C

I'm getting yeah yeah, I think the.

D

Rules kind of like.

C

Right for his property, it doesn't make sense. Well, I think.

D

You could do 50 quite easily because this one is at 50 and you could and here's this hotel.

G

Before you go any further, yes, there's something less than any than 100 feet from any dwelling unit, including an attached garage on any neighboring project. Yes,.

A

So, there's only first there's only for his neighbors okay yeah, so that doesn't apply to us here. Okay, so we aren't there yeah. I think this is.

C

That was his perfect okay.

G

E

G

With us, we're just trying to figure.

E

Out something with me, you know, I I don't know much information because I told the builder to uh hold on and see if I was going to get it or not, and I didn't talk.

F

To the country I'll.

E

Probably talk for next.

C

So now it's just a matter of this extra square footage. How many seven are going to be 700 and more than that, because he's got 1920 plus the 720 right. So it's 2640 in our max so he'll be 640 square feet over right square foot, wise 640 square feet.

G

Oh because that's what you're, putting in the total for the other.

C

Right for the total yeah, the total for his lot size should be 2 000 and he's going to have a total of 26.40. So he's really only asking for a variance for 640.

D

His new garage is 1920.

C

Right and the one that he already has is 720.

C

D

Taking the shed off.

C

C

702. yeah, okay, so 702 plus.

D

702., so I came up with 622 square feet, of variance.

F

C

Right yeah yeah, my mouth is: I had 720, so I I had that wrong. Yeah yeah, all right.

D

C

Okay, so tom right tom tom, do you have any um questions or anything, any input that you want to? No.

F

C

No you're good, okay.

C

Nick, how about you get anything else you want to ask? No, I don't.

D

Have anything else other than it's going to it's not going to encroach upon your home health system, which is good, usually on accessory buildings? I believe the our ordinances say that no gutters are required.

D

However, for the sake of best water best water practice, we always want the contract to put gutters on and somehow control the flow and you're going to do that by putting the flow water into that weather area, which I think is important.

D

That's all I have as far as the questions I think.

C

I I have I I think um I wanted to ask about the easement the evaporation transpiration easement. Is that part of your septic, because is that what you were saying bill.

D

That's what happened yeah.

C

That's the way I took it.

G

C

The septic okay and then you have the wetlands, so nothing you're doing is going to encroach on those two correct you're not going to be over top of those okay.

C

Andrew you got anything else: you're thinking, okay,.

A

I just wanted to see the location of the nearest houses compared to the wetland where he's going to be doing it, because wetlands can be oversaturated and then cause problems for neighbors too, since this is just on the white land here putting them. I.

E

Think there's one night.

A

Doesn't look like it's going to encroach on any of the neighbors, so I don't have any other questions.

C

Okay, um so everybody's done, okay, you may be seated having heard the testimony of the applicant. Is there any one present who wishes to speak for or against this application?

C

I'm going to ask this two more times. Having heard the testimony of the applicant, is there anyone present who wishes to speak for or against this application, and one last time, having heard the testimony of the applicant? Is there anyone present? Who wishes to speak for or against this application.

C

Everyone present having been given the opportunity to be heard at this public hearing. I now declare the fact-finding portion of this hearing closed at this time. The board will discuss the application with the option of asking additional questions until a decision is reached.

C

um Did you sign in when you signed in there yeah sign in? If you would too all right? um Do we have anything.

B

I was gonna say thanks fernando thoughts.

C

Comments, emotions anything. uh I could make uh emotion. Okay, let me think about it for one second, okay,.

C

E

Those in there.

G

Please come back up to the mic. Oh.

C

No just mike that mike, so we can hear you.

E

Yeah there's a couple pictures there. I built a uh like a little building is to protect the uh full equipment. It's not for storage.

C

Is it by the pool like on the.

E

On the next to the fence, next.

C

Oh okay, I think that's the part of the.

D

Pool right, I think, that's part of the pull yes.

E

I just put a picture there.

F

E

You guys can see.

C

It okay. Thank you.

A

This is that almost looks like a september septic system.

C

Is this your septic, your septic lid, or, is that what is that.

A

C

Is the wow yeah.

A

Okay, so that's here and the new one is going further.

A

D

D

D

I would like to make motion.

D

For dza application, 89-2021 fernando hernandez owner 3552 brookside drive parcel number 4607972.

D

A variance of zoning code 1296.03.

D

For the make up motion to approve has requested the requested variants to an accessory building square footage of approximately 622 square feet of additional area. All setbacks shall be in accordance with the city of norton setback, ordinances.

G

C

Secretary ralph call.

B

Okay, nick yesterday, andrew yes sandy, yes and tom, yes, thank you.

C

Okay, I now declare this hearing closed and you are.

B

You are approved.

B

um Also, fernando just give us a little bit of time in the morning um and we'll get your permit ready and all that good stuff, so maybe like around 10 30.. That's.

E

E

F

Yeah, you just have to.

B

Pick up the zoning permit yep.

C

Oh no here you can have them sorry.

E

Oh yeah, so you know I started with here.

D

E

Yeah and then el camino, I bought one el camino, yeah yeah.

D

E

That was gonna be for sale because she's falling out with that guy.

C

Oh, here's a limited time.

E

E

Yeah, oh yeah, I do too and now you know the new cars can stay outside the new old cars.

B

You're welcome.

C

Thank you all right. um Do we have any changes to the minutes for june 15th.

C

Nick any changes from to the minutes from june 15th, okay- and I don't think tom was here- was he here? Oh yeah, he was I'm sorry, no, no, no changes. Okay, then.

G

I'll make a motion to accept the minnesota's, forgetting.

C

Thank you. I suck at the motion.

B

B

Okay, um yeah andrew yes, sandy.

C

B

D

B

Yes, thank you.

C

All right, so that's it.

C

I'm sorry what time 6 6 27 I'm turning the meeting. Thank you. Thank you.

A

C

Okay, nick, I need that.