[0:12] Okay, we are good to go.
[0:15] All right, this is the Board of Zoning
[0:16] Appeals, uh August 12th, 2026. Uh we'll
[0:20] start with the call to order.
[0:22] » Yes, Mr. Ailor.
[0:23] » Here.
[0:24] » Ms. McCoy.
[0:25] » Here.
[0:26] » And Ms. Arnold.
[0:27] » Here.
[0:28] » Next item is uh appointment of
[0:31] the replacement vice chair, and I'm
[0:32] going to move that we uh table that till
[0:35] next meeting.
[0:37] » I'll second.
[0:38] » Second.
[0:41] » Ms. McCoy.
[0:41] » Yes.
[0:42] » Ms. Arnold.
[0:43] » Yes.
[0:43] » And Mr. Ailor.
[0:44] » Yes.
[0:49] » All right, next we have the approval of
[0:51] the minutes uh for the May 13th, 2026
[0:54] meeting.
[0:55] Um
[0:56] I'll go ahead and move to approve those
[0:58] minutes.
[0:59] » Second.
[1:02] » Mr. Ailor.
[1:03] » Oh, yes.
[1:05] » Ms. McCoy.
[1:06] » Yes.
[1:06] » And Ms. Arnold.
[1:07] » Abstain.
[1:13] » All right.
[1:19] All right, uh next we'll move to
[1:21] communication uh by the village.
[1:24] » Yep, I will give a brief update here.
[1:27] Um
[1:28] Just wanted to thank everybody for being
[1:29] here. This is our first BZA meeting
[1:31] since May
[1:33] of 2026. Um
[1:35] I want to also introduce our newest
[1:37] employee here. This is Cameron Davis. He
[1:39] is our official code enforcement
[1:41] officer. Uh just hired. Uh and started
[1:44] on on Monday.
[1:46] Um he'll be enforcing um the upcoming
[1:49] property exterior property maintenance
[1:50] code that the village has has passed. Um
[1:53] so we're getting him used to everything
[1:55] and getting him on onboarding and the
[1:57] training underway this week.
[1:59] Uh so we'll we'll try to have them on
[2:01] and just wanted to introduce him to the
[2:03] board. So.
[2:04] » Welcome.
[2:06] » Um other than that
[2:09] as far as um next month goes at next BZA
[2:14] meeting, we are anticipating one
[2:16] application for the September meeting.
[2:18] Um it it could be related to a uh fence
[2:22] on a corner lot property.
[2:24] Um as of now we've not received that
[2:26] application, but we are anticipating
[2:27] that. Um
[2:29] Additionally, we will have
[2:31] two new members joining the board next
[2:33] month. Um and we'll officially be up to
[2:36] a a full five members, which is great.
[2:38] So.
[2:39] Um
[2:40] that is all that I have at this time.
[2:43] » Thank you. Uh and now we'll move on to
[2:45] public comments. We'll open up uh public
[2:47] comment for anybody who has any comments
[2:49] unrelated to the application on
[2:51] tonight's agenda.
[2:55] Seeing none, we'll move on to old
[2:56] business, uh which there is none, so
[2:58] we'll move on to uh new business. And so
[3:01] we're going to
[3:03] start with the public hearing uh for CU
[3:06] 26-1.
[3:09] » Yep, so this is for anybody that would
[3:11] like to speak on tonight's
[3:13] uh application regarding the conditional
[3:15] use.
[3:16] Um we will have a separate time for Mr.
[3:18] Bidi to approach uh the board if if you
[3:21] have any questions. Um but this is for
[3:23] anybody that would like to speak at this
[3:25] time.
[3:31] » If anyone's here that has thoughts about
[3:33] the um item that we're going to be
[3:34] discussing tonight, now is the time.
[3:39] » Okay, seeing none, uh at this point I'm
[3:42] going to recuse myself um from the
[3:45] consideration of the application, and
[3:47] I'm will hand it off to somebody else
[3:49] who wants to
[3:50] go through this.
[3:51] » Yeah, I can I can an update on on the
[3:53] application tonight. So,
[3:55] um let's see here.
[4:08] All right. So, tonight's application is
[4:10] for a request for conditional use.
[4:13] Uh the properties under consideration
[4:15] tonight are along West South Avenue
[4:18] uh in the RS3 Old Town Residential
[4:21] District. Uh they are two joining vacant
[4:24] parcels.
[4:25] Um
[4:27] um and the applicant is requesting
[4:29] conditional use uh in order to construct
[4:32] a two-family residence, uh otherwise
[4:33] known as duplex.
[4:35] These are listed as a conditional use in
[4:38] the RS3. So, although they're not
[4:40] permitted outright, um that is the
[4:42] purpose of the BZA process here tonight
[4:44] is uh to hear the conditional use
[4:46] request um
[4:47] and to decide on that.
[4:49] So, uh
[4:50] getting a little bit more specific into
[4:52] the
[4:53] uh application,
[4:56] the applicant uh has provided some some
[4:58] illustrations um
[5:01] of potential options for what that site
[5:04] could eventually look like. Um we've
[5:05] [snorts] had
[5:07] multiple conversations with Mr. Beatty
[5:09] in the past just regarding the the
[5:11] zoning setback requirements, lot
[5:13] coverage requirements, um
[5:16] lot widths, and
[5:18] uh as well as parking requirements uh
[5:20] for a duplex structure. Um the main
[5:22] reason
[5:24] um
[5:25] why the applicant is requesting the
[5:27] conditional use
[5:29] uh is because
[5:30] currently the way that the two parcels
[5:32] sit, um they are too small individually
[5:36] to create a duplex structure, but uh if
[5:38] the applicant were to combine the two
[5:40] parcels into one new lot, um he would
[5:42] have enough square footage to construct
[5:45] a duplex. So, in the RS3 specifically,
[5:48] uh the minimum lot size required for a
[5:51] duplex structure is 8,000 square feet.
[5:55] But, if the applicant were to combine
[5:57] these two lots, which which he would
[5:58] plan on doing,
[6:01] the new lot would be
[6:02] close to 12,000 square feet. So, almost,
[6:04] you know,
[6:05] 30 33% more than what's required.
[6:10] So, yeah.
[6:11] Going more into the
[6:13] other zoning requirements,
[6:15] the minimum lot width for a duplex
[6:18] structure
[6:19] is 50 feet.
[6:21] If you were to combine these two lots,
[6:23] you'd get 90 feet of frontage along West
[6:26] South Avenue.
[6:28] So, that would be 40 feet more than
[6:29] what's required.
[6:31] And then also, the applicant is
[6:32] proposing that each
[6:35] each residential unit within the duplex
[6:37] would be roughly
[6:40] 1,568 square feet.
[6:43] And only 800 square feet is actually
[6:45] required per residential unit in a
[6:48] duplex. So, he'd almost be doubling
[6:52] you know, what's required by code
[6:54] per residential unit.
[6:58] So,
[6:59] in terms of the surrounding area that
[7:01] this property
[7:04] is located near,
[7:06] there are other instances of duplex
[7:08] structures in the RS3 district.
[7:11] And, you know, looking back through old
[7:13] old BZA
[7:15] hearings and applications,
[7:18] conditional uses for a duplex that have
[7:20] been approved in the past.
[7:22] And then also, directly across the
[7:23] street from this property
[7:26] is a
[7:27] is a multi-family
[7:29] structure. It has eight units. I looked
[7:32] it up earlier today. This was built
[7:34] back in the '70s. So, you know, either
[7:37] the zoning didn't exist at that time, or
[7:39] the zoning has changed over time, but it
[7:41] it still staff still feels like a duplex
[7:45] within this area is in character with
[7:48] with the RS3 district.
[7:51] So, we uh we do recommend
[7:54] um if the if the board chooses to to
[7:56] grant the conditional use, staff would
[7:58] just recommend to just add a few
[8:00] conditions at the end.
[8:02] Um
[8:03] you know, just just clearly articulating
[8:05] that you know
[8:07] the two parcels
[8:08] have to be combined in order for this to
[8:10] work. Um also that
[8:14] you know, the applicant will continue
[8:15] working with the village to obtain all
[8:17] the necessary zoning permits and um
[8:21] that will that we will also apply the
[8:23] the new uh
[8:25] chapter 1178 architecture standards that
[8:28] were passed uh by council in the summer.
[8:31] So,
[8:32] those are some of the the
[8:33] recommendations that that we might
[8:36] that we would recommend the board to
[8:37] consider um
[8:39] if if they were to grant the conditional
[8:41] use application.
[8:43] So,
[8:44] that's kind of all I have, but I'm happy
[8:45] to answer any questions and and um
[8:48] Mr. Reed, if you if you do want to
[8:50] present anything or say anything at this
[8:52] time, you're more than welcome to.
[8:53] » Um not really. It's kind of
[8:55] straightforward.
[8:56] Um you know, I'm happy to answer any
[8:57] questions that might arise.
[9:00] » Well, I think that a question that comes
[9:01] to my mind is I think that um when
[9:04] you're
[9:06] trying to deviate from the zoning, um we
[9:09] have to consider the overall look,
[9:11] character, and feel of the neighborhood
[9:13] and it should at a minimum stay with it
[9:15] if not elevate it. And I think what
[9:17] you're doing here is is you know, you're
[9:19] exceeding what we're looking for in a
[9:21] duplex and you are. So, I'm you know, if
[9:24] I'm we're looking at a conditional use,
[9:25] that would be a reason to to be
[9:27] favorable for it. So, we're looking at a
[9:29] nice structure that's going to elevate
[9:32] the area, particularly in Old Town.
[9:34] So, and it looks like you're going to
[9:35] have a lot of green space around it, and
[9:37] I like that. And I assume that other
[9:39] structures in that area also have
[9:41] yardage and green space and
[9:43] » Yes, the maximum lot coverage in that
[9:45] district is
[9:47] 35%
[9:49] and he's he's staying well well below
[9:51] that. He's around
[9:53] just based on the different options
[9:57] around 26%. He's he's staying well under
[9:59] the maximum lot coverage that's required
[10:02] or the minimum.
[10:04] And that's ultimately what I was saying.
[10:06] » I have a question. So, at this time you
[10:09] would you're not clear if you're going
[10:11] to do option one or option two if this
[10:13] was to be granted.
[10:14] » That's correct.
[10:15] » Um, where would the cars be parked if
[10:18] you didn't have garages?
[10:20] » In the driveway.
[10:21] » Just in a
[10:22] just like a single car driveway?
[10:24] » That's correct.
[10:25] » Okay.
[10:25] » Most people on South Avenue
[10:29] » That's right. Yeah.
[10:31] Yeah.
[10:31] » So, they asked me to
[10:33] install a driveway, so
[10:35] » Okay.
[10:36] » Yeah, until the minimum parking
[10:38] requirements are the same per
[10:40] residential unit. Just two off-street
[10:42] off-street spaces they're required. So,
[10:44] you know, as long as
[10:46] four spots are accounted for across the
[10:48] plan.
[10:49] » And the residents living around this um
[10:52] potential um duplex were obviously
[10:55] notified, I would imagine.
[10:56] » Yep. Yep.
[10:58] Neighbor notices were sent out prior to
[10:59] the meeting.
[11:01] Ultimately, the reason why I chose to go
[11:03] from single family to duplex because
[11:06] technically like being common through
[11:09] the two lots technically could have a
[11:11] single family and a single family.
[11:12] » Mhm.
[11:13] » But then aesthetically, you're like
[11:15] right up 5 ft and you're touching each
[11:17] other. So, I thought for the
[11:19] neighborhood aesthetics, it'd be nicer
[11:21] to have more green space, more livable
[11:23] space.
[11:25] And also next to that multi-family,
[11:27] there is a duplex as well like almost
[11:30] directly across from South Avenue.
[11:35] » When I assume that's why the the duplex
[11:37] is allowed with a conditional use
[11:39] because it can be done in a certain way,
[11:40] too. Yeah.
[11:42] To fit into the neighborhood.
[11:44] Uh and I appreciate staff's
[11:45] recommendations that um it will have to
[11:47] align with the architectural design
[11:49] standards for the area.
[11:50] Um so
[11:52] » Yeah, and all of that will be reviewed
[11:55] with a zoning permit application. You
[11:57] know, we'll do the zoning permit
[11:59] first and then
[12:01] any building permits will be obtained
[12:03] through the West Jefferson office.
[12:06] » Okay.
[12:17] Do you lead us now to go through
[12:18] fact-finding even though you approved
[12:23] » All right. So, if you guys are done
[12:24] going over the questions, you can you
[12:25] can move along to the the finding of
[12:27] facts.
[12:29] » I speak for the neighborhood through
[12:30] those minutes.
[12:32] Based on your previous minutes.
[12:33] » Yeah.
[12:34] » Yeah.
[12:35] » Sure.
[12:36] » There's only three of them, so that's
[12:38] better than the variance.
[12:39] » So, my question would be since Mr. Ayler
[12:41] recused himself,
[12:43] we still have a quorum.
[12:46] As long as you and I both vote the same
[12:48] way.
[12:48] » Okay.
[12:49] » If we vote opposite ways, that would be
[12:51] hard and we might have to revisit it in
[12:53] the same way.
[12:54] Okay.
[12:57] Okay. So, we now are going to go um with
[13:01] the deliberation um for the application
[13:05] of
[13:07] CU-26-1.
[13:10] And we're going to go through the
[13:12] ordinances. So, the first one is
[13:14] 1138.06C3A.
[13:18] Um the first thing to consider, the
[13:19] proposed use is a conditional use of the
[13:21] zoning district and uh applicable
[13:23] development standards
[13:25] established in the zoning ordinance are
[13:27] met.
[13:32] Any discussion with that?
[13:33] » No, as so indicated by staff, I believe
[13:35] them.
[13:37] » So, I would
[13:39] agree with that.
[13:41] And then moving on from that is
[13:43] 113806C3B.
[13:46] The proposed development is in accord
[13:48] with appropriate plans for the area.
[13:52] » Agreed.
[13:53] » I would agree.
[13:57] And the next one is 113806C3C.
[14:01] The proposed development will be in
[14:03] keeping with existing land use character
[14:06] and physical development potential of
[14:08] the area.
[14:12] » As long as it's approved with your
[14:13] recommendations, agreed?
[14:16] » And I would agree with that, too. And
[14:17] then as if it were to be approved, then
[14:21] they would have to go through um P&Z?
[14:24] » No, this would just be handled through a
[14:26] zoning permit.
[14:27] » Zoning permit, okay.
[14:28] » No different than you know, if a new
[14:30] single family home were being proposed.
[14:33] » Okay.
[14:35] And then the next one to discuss would
[14:36] be 113806C5A.
[14:40] » You don't have to read those cuz
[14:42] » I don't
[14:44] » It's kind of the way the code's written,
[14:45] those are basically just the exact
[14:46] opposite statements of what
[14:48] » I got you. If we were going to
[14:49] » Yeah,
[14:50] so you don't have to go through those,
[14:52] but um
[14:58] It's basically just saying
[15:00] It's not a conditional use permit. It's
[15:02] not in line with the
[15:04] » So, So, all that we need to discuss were
[15:06] these first three ordinances?
[15:07] » Yep.
[15:08] » Okay.
[15:09] » Yeah, the conditional use one is a
[15:10] little shorter than this.
[15:11] » Okay.
[15:12] » It's a variance. It's not like a
[15:13] variance.
[15:13] » Okay.
[15:15] Wonderful.
[15:18] So, then we would just do the findings
[15:20] of acts.
[15:21] » Yes.
[15:22] » Okay.
[15:24] » So, this just takes a little time for
[15:26] those in the audience cuz we're typing
[15:27] it up so that we can read it.
[15:30] Um and then we agree that it's accurate
[15:31] and then we vote. Is that how it
[15:33] happens?
[15:34] » Yes.
[15:34] » Okay.
[15:35] Yeah.
[15:36] » Call and I just voted too.
[15:37] » Okay.
[16:02] » [snorts]
[16:55] » So, we can hear.
[17:00] » We don't necessarily have her do this,
[17:02] but
[17:02] we can if if you guys want to.
[17:11] » Okay.
[17:25] » And here we'll go on to
[17:28] the three
[17:30] vote points.
[17:50] » [cough]
[17:50] [clears throat]
[18:12] » So, I would like to ask um
[18:15] to approve the finding of facts. A
[18:17] motion to approve the finding of facts.
[18:19] » Motion to approve the finding of facts.
[18:23] » And Miss McCoy, you'll have to second.
[18:25] » Second. To approve.
[18:28] » All right.
[18:29] Miss Arnold?
[18:30] » Yes.
[18:30] » And Miss McCoy?
[18:31] » Yes.
[18:36] » All right. Findings of facts are
[18:37] approved. Two votes
[18:40] to zero.
[18:41] And we can move on to the
[18:44] actual application CU 26-1.
[18:47] » [snorts]
[18:56] » And this is um since we approved the
[18:58] finding of facts, this is um where I
[19:00] would request a motion.
[19:01] » Yeah. So, and just
[19:03] » No more discussion.
[19:04] » Right. And just to clarify, this is this
[19:06] is specifically for the use itself. So,
[19:09] we're not You you aren't approving the
[19:11] design or
[19:12] any of that. All of the setbacks
[19:15] and zoning requirements and design will
[19:17] be approved
[19:19] administratively through the zoning
[19:20] staff through zoning permit.
[19:22] This is just for the use.
[19:25] » Okay.
[19:26] Um
[19:27] that being said, I would like to request
[19:29] a motion to approve um the conditional
[19:32] use for CU-26-1
[19:36] with the um recommendations of the
[19:39] planning staff. The approval to be
[19:41] contingent that the two parcels be
[19:42] combined prior to issuance of any
[19:44] permits. The proposed dwelling meets the
[19:47] requirements of chapter 1170
[19:49] architectural and site design.
[19:51] And all applicable zoning and building
[19:53] permits shall be obtained prior to start
[19:56] of construction. So, I would request a
[19:58] motion to approve the conditional use
[20:00] with those recommendations.
[20:02] » Motion to approve the conditional use of
[20:05] CU-26-1
[20:07] um
[20:08] as stated.
[20:09] » [laughter]
[20:14] » I think you need a second.
[20:15] » A second.
[20:17] » Ms. McCoy?
[20:18] » Yes.
[20:18] » And Ms. Rule?
[20:19] » Yes.
[20:20] » Okay.
[20:22] Conditional use application CU-26-1
[20:25] is approved with the stated conditions a
[20:27] vote of two to zero.
[20:30] » Okay.
[20:30] » And that's it.
[20:33] Just uh just need a motion to adjourn
[20:35] and a second.
[20:35] » Motion to adjourn. I second.
[20:37] » All right. We are adjourned.