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[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.