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Good evening and welcome to the City of Dublin Board of Zoning Appeals meeting being held at 5555 Perimeter Drive.

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The meeting can also be accessed via the live stream video recorded on the city's website.

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We welcome public participation including public comments on cases.

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The meeting procedure for each case this evening will begin with a staff presentation followed by an opportunity for the applicant to make a presentation.

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The board will ask clarifying questions of staff first and then the applicant.

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The board will hear public comments from the podium.

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Each speaker must provide their name and address for the record.

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Following public comment, including those submitted by email,

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the board will deliberate on the case prior to rendering a decision.

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Judy, will you please call roll?

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Mr. Anderson.

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Here.

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Mr. Linville.

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Here.

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Mr. Murphy.

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Here.

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And Ms. Dale Sondra and Ms. Tysnick are absent.

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It appears so.

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So as the first order of the evening,

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we will have a brief executive session to adjourn to

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with all present board members and our board council

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to discuss matters of personnel,

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consideration of public official appointments. Is there a second? Second. Mr. Murphy. Yes.

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Mr. Anderson. Yes. Mr. Linville. Yes. So moved. I will take a brief recess

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will adjourn for the moment.

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Okay. Well we've concluded our executive session

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but seeing how we have, in addition to the board this evening, well, Judy could you please

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call roll again? Just for the attendance.

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Mr. Anderson, Mr. Linville, Mr. Murphy, Mr.

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Here.

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Moving on to the election of the officers. Is there a motion that one of you would like

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to make?

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Yes, I'd like to move to elect Patrick Murphy, Chairman. Is there a second? Second.

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Mr. Anderson. Yes. Mr. Linville. Yes. Mr. Alessandra. Yes. Ms. Murphy. Mr. Murphy, sorry.

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It's fine. Yes. I

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leave out anyone.

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And we will move to elect Garrett to the vice chair for one

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Yes.

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Mr. Enfield?

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Yes.

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Mr. Anderson?

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Yes.

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Mr. Murphy?

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Yes.

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Okay.

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We will move on to the acceptance of documents and approval of minutes from our last meeting.

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Because we have two new members to the board who were not here or present during that

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meeting, you may simply abstain from accepting the minutes as you are present.

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But yes, Judy, can you please call roll or rather, is there a to accept the documents into the record to approve minutes from the April 24th, 2025 meeting?

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Is there a second? Second. Please call roll. Yes.

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Mr. Murphy. Yes.

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Mr. Anderson. Yes.

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Mr. Linville.

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Epstein.

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Mr. Sondra.

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Epstein.

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And we will now move on to the swearing of witnesses and staff.

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Anyone intending to speak or to address this board on any of the cases this evening, please

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stand and raise your right hand and answer in the affirmative.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth

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in your testimony to this board?

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And we will move on to our first case this evening, that is case number 25-053-V for

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the Zobel residence request for review and approval of a non-use area variance to allow

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a deck to encroach into the rear yard setback.

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the 0.22 acre site is zoned PLR that's planned low density residential district

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post-preserve and is located at 6809 Holbein Drive. Presenting for the city

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will be Zach Council Planner 2. Zach. Great thank you and good evening. Before

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For you tonight is a variance application for DEC, as mentioned, for the Zoolow residents.

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This is a non-use area variance for these types of applications.

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What is being requested is usually a deviation from development standards.

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And what's being looked at by the board here and what staff has provided analysis on is

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looking at any evidence of practical difficulty or special condition to make meeting the

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develop the standards challenging or impractical. So some of the considerations are shown on

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the screen. Most of them are on the property, but you can also be looking at specific context

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of the building that may apply to the specific request. So there's a determination of approval

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or disapproval that are required tonight in the event that the applicant would prefer

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to table the application. That's also something that could happen. And if it

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that we can certainly discuss what that looks like.

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So this site is 0.34 acres in size,

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zoned a PLR, which is a planned low density

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residential district for post-preserve.

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This site does back up to an open space reserve

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to the south as well as several properties

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on the south side of Holbein Drive

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backing up to that space.

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So this property is a corner lot

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with frontage on both Holbein Drive and Royal Plum Drive.

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This lot is one of the largest lots in section three

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of the neighborhood as it is approximately 149 feet wide

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at the rear property line and 120 feet deep.

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But although that it is one of the larger lots,

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it does have additional restrictions

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because it has frontage on both two public streets here.

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So there's two front building setbacks

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that really limit the location

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of where that building can be.

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This property does also have slope from Holbein Drive to the north and it slopes to the rear of the property approximately 10 feet.

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And you can see some of that here in the existing conditions, some of the photos that have been provided.

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So here you can see the rear of the house. You can see that this is a two-story house with a basement walkout

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based on that slope from Holbein Drive to the north.

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There are two sets of doors. There's one on the main level, which I'll say is that central, the middle level,

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and then there's the walk out. So currently, as constructed, this house does have an egress

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stairway that is able to get to the backyard and that's something that's required. I will

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say that this does encroach into the rear yard setback, which at least today would not

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be permitted if someone were to come forward with that in its current state. But that's

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just the existing conditions here and that egress is required. And again, you can

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just see some of the conditions you can see. So the rear of the yard, this open space reserve,

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there's a walking path back there, but there are no homes within several hundred feet to

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the south of this property.

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A few other things about the site itself. The front of the home

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is approximately 31 feet from Holbein Drive to the north, and the rear of the home

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is located approximately 33 feet from the closest part of the building to that rear

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property line. The area where the deck is proposed, which is highlighted in green, that

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it backs up to that main level door, which is setback 37 feet from the rear property

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line. So what's being requested tonight is a deviation from the rear yard setback requirement.

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That setback requirement is 30 feet. They have kids requesting a 20-foot setback, so

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encroaching 10 feet into that for this deck. So the deck's approximately 13 feet

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deep extending into that rear yard and 15 feet wide.

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If this were to be denied by the board tonight, the applicant would be required to meet the

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development standards, which would mean they would have about 7 feet to build this deck

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and then the egress as well to get out of that main story egress store.

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So just some things to consider with that.

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I won't go into the applicants reasoning behind the variance, I'll leave that to the applicant,

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and that's also been provided in your materials with their applicant statement, but I'll move

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forward into the criteria.

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So the first set of criteria, the three criteria shown on the screen, all three are required

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to be met for a variance to be approved.

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staff has reviewed this application to the applicable criteria and have found that all

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three of these have been met. Primarily what staff has looked at when you look at the first

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criteria here. Staff does acknowledge that there are similar conditions as you look at

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a lot of those properties along the south side of Holbein Drive in terms of a budding

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the open space, the grade change to the rear of the property, and then the main

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level egress out of the home, but this is really only a unique situation to a handful

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of properties in this section as identified by staff.

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So the main level egress requires a means of exiting the building to access the ground

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level of the property and with the limited space that really minimizes the amount

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of amenity space that is available and able to be constructed per code at this home.

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The home setback, the closest, it's one of the closest to the rear property lines along

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this side of the street, which does minimize the available area for the deck.

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And then all these conditions would contribute to a special circumstance applicable for this

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lot.

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Additionally, the criteria for the applicant action and action, and then the impairment

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of the intent and purpose of the requirements, staff has found that both of those are

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met with this request.

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And then two of the four criteria on the screen have to be met, staff has found that all four of these criteria are currently being met.

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With that playing staff is recommending approval of this variance for the 10 foot encroachment. Happy to answer any questions. Thank you.

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I have any questions for staff.

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Yeah, Zach.

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Could you put the, your guys' review of criteria A back up again.

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Now, word says these conditions are unique to only a handful of properties in the neighborhood.

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So you're talking about how close that setback goes to the back of the house.

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Like if you go back to the picture of the house, sorry to make it the one with the

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red and the green.

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So like there's that little sliver of white in between the house and the setback.

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Is that like these houses along that road, that's how these houses are and the rest

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of the development is has some more room or yeah so there has been of the

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properties here one of these southern properties on the south side of Holbein

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did request a variance back in 2014 for a deck and that was approved by the

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board at that time all other decks that have been constructed out there

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meet the permitted development standards they had a little bit more

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space to work with as well. So in this case, what staff looked at was just the minimum

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amount of space between where the door is located in the rear property line, so about

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7 feet, understanding that the width that you need of egress in the staircase to get

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out of there, but also having a menable space at that deck, we found that to be

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a challenge with the current conditions of the building and the lot. So that contributed

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to our understanding of this.

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Okay, then while I have you, one more question.

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So is it not recurrent because of this is only an issue

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with those certain set of houses?

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Is that why the city thinks it's not recurrent?

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Are you referring to B2?

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Yeah, because it was a little conclusory

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so I just wanted a little more.

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Yeah, so typically with this criteria, what we'd be looking at is, is there an alternative

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measure that the city needs to take to be able to fix these issues?

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So an example would be if there were multiple properties in a neighborhood that had the

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same problem, is a variance the appropriate process to go about handling that or is

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it better handled through Planning and Zoning Commission and an amendment to the development

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standards? In this case, we found that because this is such a limited application, that it's

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not a recurrent issue in nature, so we felt that the variance would be the best avenue

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to fix that. Is that?

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Yep.

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Perfect.

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Thanks.

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Yeah,

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I have a quick question, too.

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Back to criteria A3,

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you said that the, or found that the, that

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the.

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Sorry, I'm just reading my note here.

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You said no adverse impact to the surrounding community.

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And because there's no, is this because there's no, like, there's no other property behind,

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another house behind this property, just a big open park?

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So that's why it's not affecting any, that's why it meets that criteria,

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because there's no other buildings right behind this house?

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Yeah, that's one of the primary reasons we would find this criteria met is because it's

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not impacting or it's not encroaching closer to an adjacent property.

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It's open space that will never be developed for a single family home or any other use.

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So we found that that's meeting that requirement as it's not impacting any real property.

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Okay.

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So it's not impacting any other home property, basically.

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Correct.

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It's just about okay, thank you.

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And the 2014 variance with the Holbein Drive property.

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How, do we know how far into the rear setback

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that deck encroached?

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I can pull that up, just give me a moment.

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Sure, no problem.

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Do we have any other questions in the meantime?

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I don't know if this is for the applicant

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or if you know the answer to this

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while you're doing that.

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I'm just curious.

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on this red and green drawing, where is the,

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I guess I might have seen it on another picture,

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but is the door for this deck,

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is it right there where you put in the arrow, okay?

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It's right where the cursor is.

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It's not marked on this graph at all,

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so I just wanna make sure where that was, thank you.

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Alright,

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so the 2014 case, which is case 14-055V was an encroachment of 6 feet into the 30 foot rear yard setback.

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It looks like the deck that they had was 10 feet by 20 feet.

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Thank you.

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any other questions for staff?

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At this time, we ask that the applicants please approach

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the podium.

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When you get there, there will be a button that you press when the microphone

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turns green. Yep, you got it. Okay. Please state your name and address and you may proceed.

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So I'm Mark Zobel. The address is 6809 Holbein Drive.

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Thank you. You may proceed. I'm sorry, I could not hear you.

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Oh, I'm sorry. You may proceed with your presentation.

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Zack, first of all, thank you, as mentioned, for all of the help on this.

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I don't have a lot of due information to add. It's a pretty thorough process.

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You're just restating. This will enable us to better enjoy our residents more personally

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and improve the aesthetics of the neighborhood as well as the value of our home.

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The key thing, Mr. Linville as you were talking, there's nobody behind us, which obviously gives

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a lot of expansive space so that kind of mitigates the need for the rear setback, which is because

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there's no property behind it. Additionally, we did reference one of our neighbors who

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has built a deck, so there's some precedent here as well. And finally, the staircase

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that the builder built back in the day when they were building the house already encroaches

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is back in there and isn't the most attractive thing in the universe. So putting something

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in there that is a little bit better aesthetics than what that represents is one of the reasons

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that will improve the value of our home and the neighborhood. And lastly, you know, am

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I homes at the time we were not aware of a setback variance that was not disclosed

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to us? I think that's one of the criteria on B if I remember correctly. And that

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That might have certainly impacted our view of the house at that particular time.

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That's it.

249
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Okay.

250
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Any questions for the applicant?

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00:20:00,100 --> 00:20:05,780
I guess generally, can you sort of describe, but the, so we see the stairway and stuff

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that's there currently.

253
00:20:06,960 --> 00:20:10,340
How will the deck look compared to that, like how does that look going to be different?

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So you may approach just a point, or just look over your shoulder, I guess, on your

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computer screen.

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So if you look at the left most part of the house a little bit to the left Zach where the gutter is, the downspout.

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So it will run from that point to this corner, if you will, where our bump out is.

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That's the 15 feet. So it'll be symmetrical with that.

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And then if you think about the egress staircase that you're looking at right now, it's going to extend roughly that same distance.

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obviously be on the second level instead of the staircase with the staircase

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then being on the south side cascading down. Could you show the side view

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looking west as well? Keep going please.

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00:21:00,630 --> 00:21:03,710
It will literally be the same as our

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next door neighbor, one adjacent house to us where the staircase is kind of

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viewable from from the back of the house. There's not enough room for a

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staircase on either side without having it kind of stick out.

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Sure.

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00:21:20,630 --> 00:21:26,390
And the doorway on the bottom part, how do you reconcile the

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upper door and the lower door?

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00:21:30,190 --> 00:21:32,730
It's a walkout basement, obviously, with some windows.

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We may or may not in a future meeting apply for a variance down there,

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but right now we're just trying to get that second story to begin.

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And then, obviously, you can still walk out of the walkout basement.

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It's just you have a covering above you, if you will.

275
00:21:49,770 --> 00:21:49,970
Okay.

276
00:21:50,330 --> 00:21:51,770
I just wanted to get a visual there, but yeah.

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Sure.

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Any other questions?

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00:22:00,660 --> 00:22:02,260
Are decks common in your neighborhood?

280
00:22:03,360 --> 00:22:04,200
Very common.

281
00:22:04,640 --> 00:22:08,660
And right down the row, I think it's seven for seven.

282
00:22:08,760 --> 00:22:12,360
There's seven houses before the new development that Virginia Homes is building.

283
00:22:12,640 --> 00:22:14,240
I think everyone there has a deck.

284
00:22:14,520 --> 00:22:16,380
I do know on the royal plume side,

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Every single house on that side has a deck as well.

286
00:22:20,780 --> 00:22:21,180
Okay.

287
00:22:30,800 --> 00:22:36,900
Any other questions for the applicant or would you like to engage in our discussion or discussion?

288
00:22:38,560 --> 00:22:39,140
Okay.

289
00:22:39,660 --> 00:22:44,560
You may have a seat and we will commence our discussion.

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00:23:07,790 --> 00:23:13,310
Without any additional questions for the staff or the applicant, do we have any public comments?

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00:23:14,090 --> 00:23:14,670
We do not.

292
00:23:14,850 --> 00:23:14,950
No.

293
00:23:15,390 --> 00:23:15,710
Okay.

294
00:23:15,710 --> 00:23:15,790
Yeah,

295
00:23:40,640 --> 00:23:52,140
so I agree with everything the staff had discussed in criteria A, including the

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00:23:52,140 --> 00:23:57,640
special circumstances. It sounds like there's only a few houses that have this setback that

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00:23:57,640 --> 00:24:02,560
close to the house, and the fact that all that open area is behind it. I was looking

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00:24:02,560 --> 00:24:07,760
at the map and it looks like there's not a lot of houses with that as well. So usually

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00:24:07,760 --> 00:24:13,880
that one I think in my eyes is the toughest and I think it passes it. I think two is, I

300
00:24:13,880 --> 00:24:19,920
agree with what the staff has written. They did not necessitate it because any of the action

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00:24:19,920 --> 00:24:26,040
are in an action of the applicant. And then I also agree with three for the reasons they

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00:24:26,040 --> 00:24:33,540
put in the report. I also agree with everything in, would that be criteria B? It says criteria

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00:24:35,940 --> 00:24:44,760
except for number four, but because I agree with one through three, I'm not going to go

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00:24:44,760 --> 00:24:45,380
into that right now.

305
00:24:51,140 --> 00:24:57,540
Any other comments, questions, any clarity needed for the?

306
00:24:58,040 --> 00:24:59,860
No, I tend to agree with the staff as well.

307
00:24:59,940 --> 00:25:02,720
I think all of the A criteria have been met.

308
00:25:03,220 --> 00:25:07,360
I think the fact that there's the green space behind it and it's not going to block

309
00:25:07,360 --> 00:25:14,300
anyone else's view and that there's precedent for this in the area, makes

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00:25:14,300 --> 00:25:16,680
sense and I have no other questions at this point.

311
00:25:19,330 --> 00:25:20,330
Brad, do you have anything

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00:25:20,330 --> 00:25:21,030
you'd like to add?

313
00:25:25,270 --> 00:25:30,510
No, I've had some clarification questions about

314
00:25:32,610 --> 00:25:38,110
about A3 but I think they've been answered. This is kind of a high

315
00:25:38,110 --> 00:25:44,830
visibility area because the it's on the corner and two streets and the path from

316
00:25:44,830 --> 00:25:50,830
the park and all that so yeah this I think is an improvement over the

317
00:25:50,830 --> 00:25:56,250
staircase as you mentioned and as long as it I agree that it's met all the

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00:25:56,250 --> 00:25:57,930
required criteria as well.

319
00:26:00,380 --> 00:26:05,160
Okay yeah I believe we're all sort of on the same

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00:26:05,160 --> 00:26:07,220
sort of on the same page here.

321
00:26:08,340 --> 00:26:14,580
I'm inclined to agree as well with the city's assessments of the situation.

322
00:26:15,020 --> 00:26:26,540
I do believe that the criteria are sufficiently met as to grant the variance as requested.

323
00:26:26,540 --> 00:26:31,760
One thing also of note is that the reserve

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00:26:33,940 --> 00:26:37,740
development standards are fairly open, and

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00:26:37,740 --> 00:26:50,020
I think given the fact that it's a deck that doesn't block the aesthetics, the overall flow

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00:26:50,020 --> 00:26:59,840
So the area is also noteworthy in that it doesn't lessen the view, it doesn't hasten

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00:26:59,840 --> 00:27:05,940
any sort of navigable properties of the land itself.

328
00:27:07,480 --> 00:27:11,740
So with that, I believe we are ready to move.

329
00:27:13,060 --> 00:27:21,080
So, with regard to the motion to approve a non-use area variance to the post-preserved

330
00:27:21,080 --> 00:27:28,800
development standards, I won to allow a deck to encroach 10 feet into the 30-foot setback.

331
00:27:29,500 --> 00:27:30,320
Is there a second?

332
00:27:32,380 --> 00:27:32,740
Second.

333
00:27:33,960 --> 00:27:35,500
Judy, could you call the roll please?

334
00:27:35,940 --> 00:27:36,700
Mr. Denville?

335
00:27:39,920 --> 00:27:40,380
Yes.

336
00:27:41,060 --> 00:27:41,920
Mr. Murphy?

337
00:27:42,420 --> 00:27:42,740
Yes.

338
00:27:42,980 --> 00:27:43,560
Mr. Anderson?

339
00:27:44,200 --> 00:27:44,460
Yes.

340
00:27:44,460 --> 00:27:44,640
Yes.

341
00:27:44,700 --> 00:27:45,560
Ms. Dale Sondra?

342
00:27:46,000 --> 00:27:46,280
Yes.

343
00:27:48,260 --> 00:27:49,200
It is so moved.

344
00:27:49,480 --> 00:27:50,220
Your variance is granted.

345
00:27:52,630 --> 00:27:53,010
Okay.

346
00:27:53,450 --> 00:28:04,810
Any public comments since then or are you with no nothing further for this board?

347
00:28:05,370 --> 00:28:07,050
We will adjourn for the evening.

348
00:28:07,970 --> 00:28:08,930
Thank you very much.