Board of Zoning Appeals - Regular Meeting

Good evening.

I would like to declare open the September meeting of the Committee for the Urban Planning of the City of Beaver Creek.

Madam Secretary, could you do the... Miss Baron.

Mr. Reeder. Mr. Rauch. Mr. Esman.

May I have a motion to approve the agenda as presented? Yes. Is there a second? Yes. The motion presented is immediately supported. Who is in favor of... Contrary. The motion is approved. I can have a motion to approve the verbal of the meeting of August 12, 2026. A motion to approve the verbal. And there is a second. There is a second motion in the room. Further discussions. Who is in favor of this? Contrary. The motion passes. We have two public hearings tonight. The first is the Bizzarra 25. And there is a request for a resumption by the applicant. There is a correlated case. Can I have a motion to resend case BCA 26?

I propose a resend based on the fact that we still have a condenser.

Just a second. Second. Further discussion? Lawyer. Contrary case, who is in favor? Contrary. The motion is approved. The case will be resubmitted. We have another case. Madam Secretary, I update you. Please.

This is the case number Q265 on a question presented by Hope Joelle Thompson, 1199 Wallaby Drive, Beaver Creek, Ohio, 415432, which requires an appeal. Chapter 158,121-4 of the Beaver Creek City Zoning Code to allow the construction of a swimming pool in the front courtyard in a R1A district. The property is located at the northwest corner of Wallab Drive, previously described as Book 5, Page 5, Particle 229 of the Fiscal Affair of the County of Green.

thank you staff there is a presentation that you would like to make thank you president thank you commission so tonight we examine the case of deroga bz365 for the address 1199 wallaby drive Wallaby Drive is just behind the corner, not very far from here. Wallaby Drive is a corner lot, but the particularity, one of the uniqueness, is that it faces Wallaby Drive on two sides. In a way, it envelops the area.

You can see that here below there is Wallaby Drive and here above there is Wallaby Drive.

The house of the demand is here in the north. This is the house of the demand. Here is our suburb of the area. once again this is the house of the demand and in essence the image is turned to the side so the north is to your left and this is the house of the demand this white line here is the border of the property so the house of the demand is practically all towards the north compared to their property in the next slide you can see practically the house this line here is the border of the front property, the house and this is the point where they propose to place the pool once again this is an image of the front this is from the wave side, practically the side that runs from north to south they already have a privacy review around this side of the house and the pool will be located right behind this review This is a view from the inside, or rather from the curve. It's not really a cross. I think it's actually a cross, but this is a retrospective view. Again, the pool will be up here, behind the pool. And this is a view from south to north. This is their garage and the pool will be located along the garage above. So, looking at the criteria for the variant, that is, if the property in question could guarantee a reasonable return or a beneficial use without a variant. In our opinion, denying the variant would not deprive the claimant of a reasonable return, nor would it prohibit a beneficial use of the property. So we do not believe that this criterion is satisfied, since we believe that it could obtain a reasonable return from the house, regardless of the variant. The proposed pool would be 28 feet in the front courtyard on the south side of the house. But the position of the pool compared to the property is a rather large land. The pool will still be located about 85 feet from the edge of the front property to the south. Here is another representation, this is the south road, so the pool will be just over 85 feet from the road and from here this confinement is about 28 feet on this side of the pool. So basically we thought that given the dimensions of the lot, the position and the proximity of the house to the lot, the situation is this. As for the pool, we did not consider that the request was substantial, given the dimensions. The lot is almost half-acre, so we thought that in this case the criterion was satisfied. If the essential character of the neighborhood would be altered ... Again, this pool will be surrounded by an existing 1.80 m2 wooden pool that will almost completely block the view from the road. It is a land pool. Again, here are the two photos of the pool. So the pool is already there. It will be practically here, on this part of the pool near the garage, behind the pool. And we do not believe that the essential character of the neighborhood will be substantially altered or that someone will suffer a significant damage. It will not even necessarily be visible. So we thought this was satisfactory. Criteria numero quattro. Se la deroga influirebbe negativamente sull'erogazione dei servizi governativi? Certamente. Non riteniamo che influirebbe negativamente sull'erogazione dei servizi governativi. Quindi riteniamo che tale criteria sia causata. Number 5, if the owner of the property was aware of the requirements of the code at the time of purchase. We bought the property in 2020. At that time, practically all our codes and regulations were accessible online. The staff is always available and they certainly had the opportunity to know the code or find information at the time of purchase. So we did not consider that this criterion was necessary. Number 6, if the owner's difficulty could be solved in another way, instead of with a derogation. The house of the demand is, as I said, 16 feet from the northern border of the property. The only other point in which the pool is positioned is directly behind the house on the west side. However, in that area there are underground aerial devices in the courtyard. There is one in particular, an electric line that serves the house of the neighbor. Moreover, back there is a hut. Obviously the hut could be moved, so it doesn't bother us, but with the tools to be moved there would be an impact on the neighbors. As far as the electrical service and others are concerned, there is still another representation. So this is the line that goes towards the neighbor's house, this is the underground line that enters their house. There is a position here. So looking again at all the factors of the case, given the dimensions of the 8 and all the rest, the electric lines, the reset and the position of the house on the 8, We really didn't consider it feasible to try to fix it on the back. We thought this criterion was satisfactory. And finally, if the spirit and intent at the basis of the zoning requirement would be observed, would it be done with substantial justice? The spirit and intent of the code are to preserve the character of the neighborhood, safety, aesthetics and provide free and coherent visuals of the road landscape. And, you know, the demand lot is just over half Acre. Uh, the house is located disproportionately on the north side of the property. Uh, the pool will be retreated more than 80 feet from Walbe, almost 60 feet from the other side of Walbe. You know, it's far from the nearby properties. And again, being behind a review for the existing privacy, we heard that in our opinion the spirit and intent of the code would be respected and justice would be done by granting the request to the applicant. So we have found that this criterion is true. So in the complex, the staff recommends the approval of this request to allow the pool to invade the 28 feet of the front courtyard requested. Now I open the public hearing. Is there anyone here who would like to talk about this case?

Would you mind reading the sign at the top left, please?

I, Joel Thompson, 119 Wave Drive, affirm that the testimony that I am about to give in front of the advisory council for the zoning of the city of Beaver Creek is the pure truth, to the best of my knowledge. First of all, let me thank Mr. Fan. It was done very well and most of the research that he presented I have it in front of me, but I don't want to be repetitive with the information you already have. And you also have photos in front of you in those posters that give just a few additional details on how a property with the pool would appear installed. There is a sort of image generated by IA in there for you.

Let's put it verbally that we received a flyer from the applicant.

So, after the markings of the O.A.I. 811 in our garden, we noticed the presence of land service lines in addition to the electric and air lines for safety reasons. We thought it was better to find an alternative position to build the swimming pool. considering also the preferences of the neighbors, the aesthetics and the dimensions of our property. It seemed to us that the best solution was the side garden where we do not have any services to move. We have made the markings and taken some photos and there is nothing on the side of the garden that prevents us from installing the pool safely.

and everything comes back to the recinct limit.

That's why we want to move everything in the side garden and there are wide margins along the sides of the property. Our closest neighbors are 30 feet from that recinct and they also provided us with a letter in which they declare that they do not have problems with the construction of the pool.

in that side area, they are our closest neighbors.

The road in front is 80 feet away and the one on the side is 90 feet away. So let's think that there is plenty of space and the reception would block any visual from the road or the activities that take place in our property. and we also have neighbors behind Noe Alcivico 1300.

They surprised us by showing up today to offer their support.

We really appreciate that these people are here today.

Yes, go ahead. Yes, go ahead.

Please read the statement in the upper left corner.

My name is James Bird. The testimony I am about to give, in my opinion, We own the property directly behind them. We live on Beaverbrook Drive, but we have no objection to this change. I think you fit well into their lot and for how it is positioned, it looks more like a side garden than a front garden.

So I don't think Violi did the whole thing. So we support it.

Thanks.

The acoustics here is not excellent. What is the name and address again, please?

James Byrd, B-I-R-D. And the address of your property? The property behind is 1300 Wade. Maraco.

Repeat it.

1300. Arnica. Thank you, sir. Does anyone else wish to speak to the public audience? Anyone else? Last chance. We want to close the public hearing. Any discussion on the request?

We should probably ask the secretary if we have any written contributions.

We have received the letter that has just been presented.

It comes from 1699 of Wavedrive and I am in favor of the request. The members have just received a copy. Further discussion. I think that staff U has accurately summarized the state of the request and the conditions of the property and we should follow the recommendation. Can I have a motion to follow the recommendation of the staff? I propose the approval of case number V26-5. U as recommended by staff, U and I specifically believe that section 158172 H5A has been satisfied. I have a second for this motion. Motion approved. Other discussions on it? Mr. Secretary can make the appeal? Mr. Employee can make the appeal?

There is nothing else to submit to the council of urban development in this meeting. There is nothing else to submit to the council of urban development in this meeting.

There is nothing else to submit to the council of urban development in this meeting. There is nothing else to submit to the council of urban development in this meeting. There is nothing else to submit to the council of urban development in this meeting. There is nothing else to submit to the council of urban development in this meeting. There is nothing else to submit to the council of urban development in this meeting.