Planning Commission - Regular Meeting

Call please. Mr. Rder here. Mr. Roach present. Miss Barhorst is absent. Miss Vest present. Mr. Esman present. Can I get a motion to excuse Miss Barhorse, please? I move that we excuse board member Barhorst. Is there a second to that? Second. All in favor say I. I oppose. Nay. Miss Barhor is excused. Could I get a motion to uh approve the agenda for tonight's meeting, please? Motion to approve the agenda for tonight's meeting. Is there a second to that motion? Second. Since there's a motion and a second, all in favor say I. I.

Oppos? Nay. Motion carries. The agenda is set. May I now get an approval of motion to approve the minutes of the November 12th, 2025 meeting, please. So moved. Is there a second to that? Second. I have a motion, a second on the floor. All in favor say I. I. All oppose? Nay. Motion carries. We have one item of business tonight and that's a public hearing on B25-5, Mark and Tanya Grove House, 859 Amy Lynn Drive. Madam Secretary,

this is case number V25-5 on an application filed by Mark and Tanya Gro House, 859 Amy Lind Drive, Beaver Creek, Ohio 45434, requesting a variance from chapter 158.104A 104A of the city of Beaver Creek zoning code to allow a detached garage to be located within the required 40ft front yard setback along Py Drive in an R1A district. The property is located on the southwest corner of the intersection of Amy Lynn Drive in Py Drive, further described as book six, page 2, parcel 167 on the Green County Property Tax Atlas. Thank you. The staff have a presentation for us, please.

Thank you, Mr. chair and board. Uh tonight, um as it was said, we we're looking at a variance request at 859 Amy Drive. The request is for a um detached garage to be located 8 feet into the required front yard uh on Paty Drive. So, we have um basically just kind of a an area of where the location of the house is. Um it it basically is a corner of Amy Lynn and Paty on the um here's our uh customary drive by. So this is the front of the house. This is the Amy Lynn side. So, this is the side that the um detached garage is. They want it basically located in this corner that's coming up here right there. So, I have a couple photos. Basically, this is looking down Paty. Um, you can see there's an existing uh 6-foot aluminum uh ornamental fence. Um, and this is basically looking from Paty

Drive. Basically, they were approved in I think it was 2005. they're approved uh the former um property owner was approved for a variance for that ornamental fence. Um mainly because or partially because that corner of the house normally that the the sixoot fence would have to come off that corner but because of the corner of they have an unenced porch there. Um and there was some other mobility things um and uh that there was they wanted a pool. There's some mobility issues with the property owner at the time and at the time there were trees uh basically lined down this side kind of spaced out and uh they intentionally went with a uh decorative or ornamental aluminum fence uh instead in the in the the report for that case uh to allow for the continued openness of the of the property. so it didn't obstruct the the openness feel of the and so they intentionally went with a ornamental fence at the time. Um and that like I said the trees that were kind of spaced down through there kind of screened it and uh also but anyway so this is where basically where they they're looking to put um the uh the garage in in this area right here. This is basically looking back. Uh this is looking back py um basically back at their house. The the garage would would sit in here. Um this is basically um the location in red is where the applicant is proposing uh that they they're requesting they put the shed. Um, and basically, uh, this green area basically is where the code allows them to have a the the, uh, detached garage. Um, and basically they're wanting to encroach that 8 ft um

into the required front yard basically even with the fence. So, basically, we we were looking at our um at looking at the criteria. uh we you know the first criterion is to whether or not they can yield a reasonable return on the property or if there's any beneficial use without the variance. Basically the applicant's property is about 1,200 a little over 1,200 square feet larger than the average interior lot. So there are lots already a little bit larger than some of the interior lots the average interior lot around them. Um and staff feels that we that the applicant can yield a reasonable return if the variance is not granted and also the property can be reasonably used with the detached garage located in a compliant location. The applicant uh you know can there is room on their lot for the detached garage. Uh so basically staff finds that this criterion is not met. The second criterion is the variance substantial. Uh the 8-oot encroachment is about 20% reduction in the required front yard setback. Um we staff doesn't feel like this deviation uh is necessarily substantial. The distance is not necessarily substantial. However, um you know, the proposed structure would have a a much greater visual impact on the on the surrounding neighborhood versus the ornamental fence that's you know in inherently open, which was part of the justification for the variance for the ornamental fence when it was proposed. And lastly, um we have no examples of detached garages encroaching into the front yard setback. Um there weren't any identified. We couldn't find any that were encroaching into that in that neighborhood. Um and so we were kind of staff was kind of neutral on that criterion. Uh while we don't necessarily see that the the distance is necessarily substantial uh as as you'll see in the next criterion u the visual impact and

of the character of the neighborhood may is a little more substantial. Um basically whether or not the essential character of the neighborhood would be substantially altered or whether joining properties would suffer substantial detriment as a result of the variance. Um you know again there are very few garage detached garages in the neighborhood. Um you know staff is aware of any of those detached garages uh encroaching in the required setback. Um what I have here is a demonstration basically we identified basically five uh other corner lots that had detached garages. Um and and you can see the locations of in these blue uh highlighted parcels of where the other garages are that are located in the um required or that are located the corner lots that have detached garages. Basically, none of those are located in the required front yard. All of them are in compliant locations. Um the proposed structure will have a greater visual impact uh than the existing ornamental fence which maintains that sense of openness. Um the request would would not be consistent with the established character of the neighborhood. Um you know because as far as we could see you know in the neighborhood you know the the existing primary structures and accessory structures like detached garages all are conforming with this with the setback requirements. Um, and there is a new garage, detached garage that was built on the corner lot just about 300 south of the applicants. And this image is this image is turned sideways. Uh, so north is actually uh pointing to the right. Um, but you can see basically where the applicant the applicant there is on the right and uh just you know a few properties uh to the south um is basically a a detached garage that was

built um basically the end of last year. It was last they built this detached garage in a compliant location. Um so with that um staff felt that this criterion was also not met. The fourth criterion was whether governmental services would be adversely affected. U staff does not feel like there would be any adverse effects to the delivery of governmental services. So, we felt that criterion was met. The fifth criterion, whether the property owner purchased the property with knowledge of the zoning restrictions. Um, we're not aware that this that the staff we're not aware if the staff had knowledge or not knowledge of any zoning restrictions. However, uh, our zoning code is made public is a publicly available online. So, there's opportunity for people to look up um, you know, if they're interest if they need to know those kind of restrictions. Uh the front yard setback is a long-term uh is a long-standing code requirement uh in in the zoning code and that 40 foot setback was a requirement when that subdivision was established. So u it's not a far as the code requirement goes it's not a change that of any time recent since the applicant it was you know that that code requirement was there for a long time prior to the purchase of that property. So there was opportunity for the property owner to have knowledge of that uh with that. So therefore the criteria we feel like criterion was not met. Uh criteria number six whether the property owner's predicament could be feasibly um you know corrected by some other method. Um there are other locations on the property um where that would be sufficient for the location of the detached garage. Uh the applicant could just move the garage back eight feet from where they proposed it. Um the applicant could reduce the depth of the

current garage the the proposed garage by 8 feet um which would make it compliant. The applicant could rotate the building so that it's 35 feet wide and and 30 feet deep as you know basically just rotate the building. Um and then uh the app so basically staff feels like the basically the the applicant's plan for the garage just is just simply in conflict with what the zoning code requires like they have the ability to to have a compliant garage. Um so what I have here basically is what I pointed out earlier in green basically shows the um the location of where they can have a garage. they they could potentially put one here and my understanding is that shed's going to be removed anyway and and the pool this it's an above ground pool that you know could be you know relocated so they could put it here but even if they chose to leave the garage over on this side um basically um you know the red is where they've proposed it to be the orange is basically moving the garage back the 8 ft so it's even with that front property setback and And the yellow is basically rotating the garage. Uh so it's 35 ft wide and 30 feet deep. And then the other option would be basically, you know, just have the garage just reduce the front just reduce the depth by 8 feet and they could have a basically a 27 by30 garage and which would also still be compliant. So u basically um basically this is their deck. Here's the sidewalk going around. So you can see you know there's there is space between uh between the the structures and uh their existing uh deck and and garage that's there. So lastly would the spirit and antenna behind the code requirement be observed

and substantial justice be done by granting the variance? Um, you know, again, you we have those setbacks, front yard setbacks for, you know, to provide for openness, um, to, you know, for aesthetics, consistent aesthetics within the neighborhood. Um, the applicant staff feels basically the applicant's request is merely a preference, uh, rather than the necessity caused by physical, you know, constraints of the property. Um, you know, they're they do have the ability to put it in a compliant location. and they're just opting they're just asking to encroach in that front yard setback. um the grants of the the granting of the variance you know SAP feels the granting of the variance without a practical difficulty uh you know is not really doing substantial justice but if in essence you know providing them a privilege that's not granted to others in the in the neighborhood including the person that just down the street that built you know the they build a compliant everyone else is building compliant accessory structures detached garages they have the ability to do that and the applicant also has the ability to build a compliant garage. Uh so with that staff feels that criterion is also not met. So basically just looking at um basically a summary of the of the seven criteria um staff feels that you know the the the the criterion are not met sufficiently to grant the variance and recommend disapproving the variance request. Thank you. Let me open the public hearing now for this. So, the public hearing is now open. Oh, well, I thought we'd do that as part of the But we can just Is the applicant here? Would you like to speak?

If you'll please read the little card in the upper leftand corner. I'm Mark White House at 859 Amy Lynn Drive, Beaver Creek, Ohio 45434. Affirm that the testimony that I'm about to give before the zoning board of the city of Eve Creek is the whole truth and the best of my knowledge. Thank you. So, I've actually been dealing with this for almost two and a half years. My my uh the whole reason behind it is my mother is almost 90 years old and we started talking about converting our garage into a mother-in-law suite and then building a garage. So the main the main reason that we opted for where we are is because we actually were originally were going to put it on the side but there's all kinds of drainage issues. Everybody we came out said that the drainages are a nightmare there because We've already between the neighbor and I, we've spent over $20,000 fixing all the drainage there. And if we put a garage there, we'd have to tear all that up and it would be an open up a whole another issue of drainage of a way because originally, I guess from the county, they said that that property next to me wasn't even supposed to have a house on it. When the city engineer came out or the county engineer came out, he didn't even have that house on their drawings. And so that was so then when we got contractors in there, they said the only way to have a size because the reason we wanted a bigger garage is because we wanted garage so that my parents could put cars in there, too. Plus, we have a camper. I thought as we got to looking at it, we could put the camper in if we had a taller, wider building. So, the biggest problem with that was the concrete all the way up to the garage um and drainage. And then to get the size

garage because we have to be five feet off the fence line, it now encroached into the back side of the house. So the size garage honestly would be smaller than the house that the the garage we have in our house. So then we opted into looking at a room addition on the back. So we've we've actually looked at a lot of things. So this is I know he says it's convenience. It really isn't. This just seems to be the best option for the size garage we have. And as far as the zoning goes, I mean, I had no clue that that fence was a var was variance. That's why originally I wanted to put it there. I thought the fence is there, the garage can be there.

So, we didn't and I I'll be honest, I didn't know that was all counted as frontage. So, I've looked at the the size of the lot because it's irregularly shaped. I thought we could go into the the wooded area and cut down some trees and move it back a little bit. And then I was told that was all easement and all the when they went from the electrical from uh pole electric to ground electric. There is all kinds of major I mean that actually the electric that supplies the ent total new plat there and that was built in the 90s with along with our house that feeds that whole area. So again, that ran into construction problems on that side of the house. So again, we started looking into that. So because of this the the weird angle of our lot, the farther back I bring that garage, the closer it gets to my house. So I've actually the engineers when we had the survey redone, if I move that more, the farther I move that in the back of the house, the closer it gets to my deck. So, if I move that back and keep the size of the garage where I have it, I'm literally going to have eight feet from my garage wall to my back deck. And now it's going to be almost to the it's literally going to cover the whole deck of my house, almost be to where the pool is. So, that actually leaves me hardly any usable backyard for grandkids or anything to play. You know, maybe that's a, you know, that's a preference, not a necessity. But cutting all those trees down, the reason we cut them down is because they were all overgrown and I was afraid they were going to fall on my neighbors houses and my house. So, we cleaned up the yard. I've taken very good care of the property. It looks 100% better than I mean, I want to landscape the area and make it look nice. The other thing is if I bring the garage back, then I'm going to have that ornamental fence. I think that would

look worse than having the garage at the front of the fence because if I do that, what I'm gonna have to do is bring the fence all the way back to the thing. So now half um eight feet of my drive driveway is going to have fence down it. So I did I didn't think that looked very good. Plus I looked at the in the pictures if you look there's a actually a bend in the street. So, for the most part, if you sit on my thing and look at my garage, my garage, except for my neighbor Rita behind me, my garage is almost perfectly with every front house all the way down Paty Drive. Rita is the only house that is set back a little bit because of that bend. The only problem, the only po portion of the neighborhood that really might see it popped out a little bit is if you're coming from the other way. So, I mean, That's all I have to say.

Great. Please stay available in case we have questions. I will say the other thing, too, is I mean I I don't want to have to remove the deck because it is handicap accessible. It was originally put in by the Shalley's when they built the house. So, it's a great house for my mom to live in because she's everything's handicapped. If I have to tear the deck down, then I she lose as we lose all that outside spa, usable space, too, because I have to move everything back. Thank you. Is there anyone else that would like to speak for the public hearing? Okay. If you'll please read the card corner.

I Steve Diorio of 3024 Paty Drive. Affirm the testimony I'm about to give before the B board of zoning appeals of the city of Beer Creek is the whole truth to the best of my knowledge. Uh I've lived there since 1991. His house and my house were the two first two houses Ron Kilgore built or built. So you don't know anything about the plaid I can tell you. It was developed most of it was developed by a guy named Bob McDaniels back in the late 80s and then Ron Kilgore from my house west on Paty he developed that. Okay. The only problem I don't have a problem with the garage. Mark's a great neighbor. Keeps his property great. The only problem I see happening is where is the curb cut going to go? Because you got Amy Lynn, you got a house across from Amy Lynn with a curb cut, then my next door uh Swain Tedar, his curb cut, then mine, then I don't know where Mark's going to come out. I thought it was going to come out between mine and my next door neighbor, Mr. Teders. That's just a lot of curb cuts before Amy Lynn and a lot of cars going around like that, you know. Now, I lived there when the original owner Bob Sally got the variance for the fence. I know he had to come back two or three times to get it, you know, but I mean that's it's perfect. The fence he put up, one of the big metal steel fences I they're expensive. And back then that was in 2005 it was 12 grand. So, you know, it was a lot of money. I just wanted, you know, I don't want a curb cut coming out right across my driveway or in between me and Mr. Teders next to me because then you got five drive four driveways in the street right there with not even

a half a block, you know, that's a lot of and then how many cars are going to get parked on the streets, you know? So that's my concern basically is the curb cut and where all the parking's going to be because right now my neighbor next door, Mr. Teddar, he has four grown kids. When they come over with their cars, I can't even see up Paty to get out, you know. So because all the cars I have to rely on my cars, you know, more brains than I got. It beeps when a car is coming. But, uh, I just, you know, I don't know where it's in the yard back there. I can I don't that that looks like it takes up the whole yard, but it's probably better than having it sitting real close to the street, you know? I think I don't know. So, that's about all I guess. You know, you know where the curb cuts are going to go. Yeah. Okay. I gonna I just don't know where it's going to where it's going to be at. If it's going to be in You see what I'm saying? I said my my driveway and he has his and the next guy has his. of his is going to come in between mine and my next door neighbors. That's a lot of curb cuts and and it's only 200 feet from Amy Lynn Drive. So

that's a lot of traffic and everything else there.

Matt, can you pull up? Do we have that on a map by any chance? I think this is counselor is part of the public hearing. Thank you. So looking at the um to looking at sorry basically the curb cut would be basically the driveway was going to be the they had it as being the full width of the uh of the garage according to their plan according to the plans that the applicant submitted. the the the um driveway would be the full width of the garage. Thank you. Is there any other comments? Anyone else like to speak for the different look at the front of Amy Lynn on my driveway? If you go across the street, it literally is 100% in front. I mean, lined up. You can drive from my driveway right into the garage to the driveway of the house across the street. And then if you notice the house then the next house next to me has a a driveway. So there's three driveways right there. It would be no different than what's what would happen on that side.

Thank you. Anyone else would like to speak at the public hearing? If not, I'm closing the public hearing. Board members. Any discussion? Any questions? Mr. Chair, I'm sorry to interrupt. I just wanted to put on record that there were three written letters that came in and BCA members received copies of each and make sure those are included in the record, please. Thank you. And I think each board members had the opportunity to review those. Is that correct? Thank you very much. Board questions, comments, concerns.

I'm just going to ask if we could see the video of looking down. I look at the corner down Passy Drive up. So, we we do have pictures. That's a picture looking down Pacy Drive. Um but yeah, we can we can replay the video. and this is the required front yard. Yes, the the house their house is at that 40 foot setback

in both directions as well as pretty much the majority of the h I mean that the houses on that that street had to be minimally at the 40 foot setback. Most houses are built right on that 40 foot setback just to maximize the rear yard. It's not always the case, but often is. right about there. Thank you. Oops, my bad. Um, I can read it again if you like.

That's a 10 foot from the back of the fence. Yeah. Yeah, there's a might back up. So, yeah, there's a there's a 10 foot easement from the fence to the property line. The rear yard requirement is uh typically I don't I don't know specifically on this PED, but the rear yard would be a 50 foot and it would be from this corner kind of like an an arc. So, it would be outside of that area. I mean, it would be allowed to be in the rear yard anyway, but thank you.

Yes. Yes, the the the current fence does extend into the required front yard. Um, so yeah, the the existing fence uh does extend beyond the neighbors the front of the neighbor's house. Yeah. Any other questions? I've got a few for the applicant, please. Sure. If you want to I apologize to make you sit up and down, but uh we're recording. Just need you to hear the mic. Okay. Um a couple of things if you can help me out here. Uh first, just very briefly, can you kind of walk me through if you were granted this, what did you envision the garage doing? How's it functioning? I heard maybe the outuilding going away and a few other things that weren't necessarily in the presentation. So, if you had it, what would you be doing with it?

I I would be putting our vehicles in it. We do have to park some stuff on the in the in the street, which I was hoping we could get those off the street in the garage and or the driveway. Um, if my parents moved there, they'd be it's big enough that we could get actually forward vehicles in the garage in that garage. so my parents could park their cars and stuff into it because we would be losing that space inside the garage. Um, so that would be it. I mean, and obviously, you know, my garage now, I got tools and things, you know, that most people do if you do things like that. So, I'd have some room. So, all that would be out of the driving space because right now, um, with stuff in the garage, I don't have enough room for only one car right now. So, I could get all that out of there and use that, you know, hopefully for my parents.

Okay. Um, but as you can see, can I add something, too? If you not, see how that the diagonal I think that's what's real, that's what's really causing problems is how much of a angle I have. Right. So because of that, every I mean I was kind of surprised when I had builders come out and tell me they said they were saying for every five feet you move that back. He goes you you're going to have to bring that garage way over because I have plenty of space all the way to the front, but that corner I can't encroach in that area at all. So, I was hoping if I moved it as far to the end of that lot, that tree line would kind of block a lot of the garage

and it would be I wouldn't have to put a fence back up either. That would be the other, you know, would do away with that part of the fence. Yeah. I I see the geometry problem. So, let me dance with you there. Yeah. Um, when I do the math here, I'm think I'm coming up with 1,50 ft. Is that right? Yeah, pretty close. Yeah. Okay. And what's the existing size of of the garage that you're converting so you have more living space for your in-laws? I'm sorry, for your parents, rather. Um, I think it's it's I can't think off the top of my head. I want to say it's 20 28 by 24, I think. Something like that. Maybe not quite that big.

I know. Let's put it this way. That truck you saw in the driveway barely gets I mean it it hits my work little workbench I have if I pull it in the garage. Yeah. You want to fit campers and so forth. I got you. Um, with respect to some of the drainage stuff, uh, help me get some of this sorted out in my head. You got the shed back on the back, what is it? Souththeast corner. Yeah, right there. You got any drainage problems now with the area of the shed?

Oh, yeah. It gets wet. There's actually a lot of drainage problems in this yard. And by building the garage, I was hoping I'd take care of that kind of too at the same time. it when it rains that is like a a little lake back there in that tree line. So what we had to do is so the original drainage from my neighbor all his water was coming into my yard and that whole side where the shed was literally it would it was underwater. Okay. So the the the shed gets wet now.

Not anymore. But I don't know why the original owners, whoever did it, I don't know who built the original shed, but there was a they poured a concrete slab, but there was nothing on it. And this was just like built on a skid. So my dad and I actually put it, we lifted the shed up, emptied it, lifted it up, moved it onto the concrete, which helped. But since we took care of all the drainage on that side. So there is pipe all the way from the about eight feet into that corner of my sidey yard there. So where those green lines are there, there's about eight feet back. There's drains pipe that goes to the sewer at the front of the house down the whole yard. They had to literally dig up my whole sideyard and my neighbor's yard because he had drainage problems. So there's yard drains. I think he's got two or three. I've got one. And then that all actually the we had to correlate all that with the

McGomery County. So that's if I go in there and tear things up to put a driveway in it, it's going to I'm confused. You're talking about the drainage which is on the south side of the house or is it where the shed is that side? Okay. And then it so where the So there's two drainage problems. The one that I took care of right there. Yep. All the way down. So there's a manhole cover at the corner of my property on that side. Okay.

That the county or somebody I don't know if it's the county or the city came in and they drill a hole into that sewer system there. And I mean the pipe, the drainage pipe, I mean it's about 12 in pipe. Okay. Goes all the way down. Okay. So help me with this. Um where I see the 5-ft easement there. Um where is your grain tile relative to that five foot easement line? You know what? I'm not I don't I'm not sure. I know I I that we have a fence line there. Can you see the fence on there? Um, I can't really tell. I assume it's at the I think that dotted Well, is the is the easement that dotted line?

Yeah. Okay. So, the the fence is actually right pretty close to that property line when they came out on the uh this Matt told me I needed to have a survey. So, I had a survey done. So, at your property line. Yeah. So, the fence is pretty close to the property line. So, it's about it's that whole corn that corner where the fence is and and and then there's about this much of the fence. I mean, can I go come up and point up there? How about you use the Yeah. So, if I get you away from the mic, we don't hear you on Okay. on the right.

So, there's drainage. So, this So, all this area Oops. There we go. So, this this part of my yard when every every spring Yeah, I got that. But my question to you is a specific one. I still don't hear the answer. Where is the drain tile?

Okay, the drain tile is comes from this my neighbor's yard way over here. comes down and there's a yard drain here and in his yard and one in his yard here. So, the drain tile is coming all the way up where I'd put my driveway and then it come it comes through my fence and into his yard. So, it had to be a joint effort by us. Okay. So the drain tile comes from this side, right?

It it started in my neighbors and then it comes in here, goes all the way down here and then my house actually all my gutters go into it because that they suggested I tie all that in not to overflow so that it went directly in the drain and didn't come on top of the thing. So there's drain. So this the the gutters here drain into it. The drain this drains into it. this D. So there's also PI um piping coming across like this. So that's where they did I answer your question or not?

You did, but uh I feel like uh somebody's house cat trying to follow this green arrow bouncing around everywhere. Give me an estimate um relative to the fence line or from the house. I'm I'm maybe five or eight feet off of this or that or I'm square in the middle. I I don't that line is when you're when you're pointing it's gone everywhere. I would do it too, but I I just don't have an answer. Okay. It probably from my fence line, it's probably three feet into the Okay. into the yard. Gotcha.

And then it curves and so I actually have a double. So the fence is probably I don't know maybe five feet and there's a double gate. So it kind of it comes down comes over and is going right kind of down the the on the if you're looking at the yard the left it's more into the left side of the gate. So, I'd say maybe six feet from the property line. That answer's perfect. That Okay. Um, how deep do you think the drain tile is? 12 in, 18 in. I don't know. It they had to It was high. It was closer to the surface there. So, if I I look at my yard drain. If I take the cap of my yard drain down,

okay, my arm goes down into the pipe about that far. So, it's higher there because it's got to get a slope to go to the sewer. Farther out, it goes deeper.

Okay. So, u you've heard the staff presentation. I I'd like to just take the opportunity to to see how you answer this question. staff says, you know, look, there there's a bunch of factors that we're required to evaluate and the next guy that comes along gets the same analysis with the same factors and you have to be consistent in answering everybody's requests. And here, it's not like we have an ingground pool or something that makes it impossible to move the thing. It's just your preference not to move it, right? So when staff says we don't recommend it because there are ways that solve this that aren't your first best option but nevertheless you could have what you wanted or you can slightly modify it and make it further away from the deck or ro rotate it around spin around all that. And I I understand clearly why you don't want to do it. It's reasonable why you wouldn't want to do it. But how do you respond to the request that it it's going to set the bar for everybody else coming down here

when you can just move it? Well, I guess I I mean I could move it eight feet back. I I mean, but I mean, what's I guess what's what's reasonable? I mean, if it takes up to your yard that you have literally a nice lot that you know. Yeah. I feel like I mean, I I I'm just be honest. Had I known you couldn't use your sidey yard, I'd have never bought a house on the old side. I mean, I was blown away when they told me I had to get a variance because to me, I've got a beautiful yard, got tons of you yard, and it's it's just a waste.

Well, I'm going to state for the record. You've got a beautiful home. You guys are showing off with your Christmas decorations. Congratulations on that. Um, and I've got a stack full of letters here of nice neighbors that say you're a great family and they like having you there and your home's beautiful and they don't object to it. And I've got a couple folks who have concerns, but I've got staff that says this just ignores the rules. It doesn't apply the rules the same way. Um, I would have to disagree. I don't think I'm ignoring them. I mean, I guess nobody's ever complained about the fence, so I guess at this point the fence has been up for years. What I mean is and I I mean I've looked at the linage on that front of that garage and honestly I don't see how it's encroaching. I mean there's some houses that are L-shaped that the garages I mean I didn't want to get in trouble but I'd have loved to do the you know measure it because they're definitely closer to the street. You know, the L-shaped, they're definitely closer, the garage opening is definitely closer to the street than 40 feet. And I mean, eight feet. I could make it wider, but that really is not going to be able to even be used. I can't put a camper in a 20 24 foot deep. The depth is what I need the depth. And I can stack car, you know, four stack cars. If I do it long ways, I would literally to do it use it the way I want, I'd have to have the garage door on this side. And then I'd have a driveway all the way down that.

Yeah. So, I mean, I've looked at options that are weird shaped and not squared, you know, where they're coming in and they're building straight on with a another area where you could use it more like a garage without space, but, you know, not that that's an excuse, but I mean, they're all cost per prohibited to do anything like that. I mean, the the cost of these garages, the lowest cost I got until I wanted to do a steel building was $140,000 for a garage. Yeah.

And this is I can do it with concrete and everything. I mean, that to me that's important. I don't want to lose my yard so much my grandkids have nowhere to play. Um, and then I've got to it's, you know, eight by 8 feet by 30 feet is a lot of extra concrete cost. And then I got now I have to move my fence all over the place because I have to angle it and do that. And if I did it here, it would be a nice straight line to the edge of the garage. You're kind of losing me there a little bit, too. Um, the the fence can come to the front. Well, I guess it can't because part of the fence would be sitting 8 feet out, right? So you'd have to

and see that's kind of way I look at it too is by the nature of the Beaver Creek approving that design in the house they put a pad porch open porch right there in the corner of the house. Yeah. Yeah. You couldn't move if you move the fence back you have no access from the so the fence would have to stay until the garage and then I have to bring it back. To me, that would look aesthetically, in my opinion, is far worse than just a fence straight to the front of the garage because you would actually have a fence going like this and then your driveway would be here and you'd have a fence along the driveway.

Yeah. I I don't think staff is going to have a problem with you moving the fence to go to to the corner of the garage, the the way that you're describing it. But I I understand what you're saying. Okay. Well, I think that answers all of my questions. And is there anything else that uh you think we haven't discussed that's relevant? No. Okay. Thank you, sir. All right. Thank you.

Just one clarification for from staff. I think you had mentioned, wasn't there some I I feel like I read in the the record somewhere that there was whether or not it's legally binding. I I I don't know. But when the original variance was approved, there was some uh some reasons added by the applicant. Well, one of the I can't remember exactly what that was and I wasn't finding it

in in that variance approval. Part of the justification was the fact that obviously there was the issue with the unenclosed porch on the corner. So, there was, you know, some some issues as far as coming off the corner of the house because we came off the corner of the house there with the fence. Basically, this was open. So they're not really able to adequately enclose it unless they put up, you know, some kind of railing or something across that part of it. Um there was um from my understanding there was the the previous owner there was some mobility issues as far as um they could have because they were going to put in a pool. There was something about a railing around the top of the pool um that could have been done except with the mobility issues there were some problems. There was some but part of the justification and part of the reason was the the openness of the uh fence that was specifically uh addressed was the fact they went with uh part of the reason they went with the fence they did was because it was open and with the with the trees kind of spaced across when you're looking it really didn't detract from the openness of of that area because of how that fence was constructed. Um I will point out the the existing fence. Uh the applicant alluded to the survey he had done. Basically what this is what I had done was basically overlaid the the surveyor's um survey onto the aerial the GIS aerial so that we could get a good scaled representation of kind of what we had in the yard and all that kind of stuff with you know pictures are always helpful. So, I I did measure from the applicant's proposed location to the deck and it was approximately 13 and a half ft. And and if the applicant just moved the if they moved the building straight, you know, basically back that 8 feet to be in line with that front yard setback, it was basically approximately 11 feet basically from the orange line to the deck. So, it was

roughly a twoft difference as far as I know the applicant had some concerns as far as how close it would push that to his deck and all that and was actually only about a twoft difference. Uh, if he rotated the rotated it, you know, 90° um it was it was ended up being somewhere like seven and a half ft to the deck, which it doesn't sound like that option. the applicant wasn't as that one wasn't as feasible. But but like I was saying, just to move the deck back um or to move the the the detached garage back eight feet would only, you know, move that just a couple feet closer to the to the existing deck.

We wouldn't have that issue at all if there were a regular lot that was totally squared rather than that back angle on the where the easement is. Yeah, obviously. Yeah, the angle of the the angle of the yard, you know, causes it to move in a little bit certainly. Um, if is that angle unique to that neighborhood or

uh No, there's there's lots of um there's lots of properties in that that have just weird angles on their parcels. It's not I can go we can you want I can go back and we can I had a picture this one. But you can I mean there there are some pretty there are some pretty wild angles. I mean there's some like the I mean there's there's there's hardly a perfectly rectangular there's there's few there along here on the straightaway some there are some but there's a lot that have just some unique unique angles for sure.

If that didn't have that angle it wouldn't be an issue to move back and forth left or right. Correct. Yeah. Yeah, I mean it would be Yeah, as far as the proximity to the deck, it you know, yeah, he would be the same distance whether he moved it straight back or not. So, the uniqueness of the lot could has a has an effect upon this request.

Um, I wouldn't I wouldn't say so because he still has the ability to comply. Um, yeah, he will be, you know, maybe two feet closer to his deck, but he still has, you know, ample space uh between, you know, between the his his detached garage, the proposed detached garage and the deck. Um, you know, there's there's still ample space. There's there's still multiple alternatives to, you know, having it encroach 8 feet, you know, into the the required front yard setback. um you know to to move it back that eight feet to where it's supposed to be. So you know and it and it causes it to be approximately two feet closer to the deck. You know I don't I don't know as far as that tradeoff.

Okay. They said there are other options too. Any other question? That answered my question. Thank you. Any other questions? Any further discussion with the board? Are we prepared to make a motion? Can I have the motion?

For case V255, I my vote is to deny the variance. For what reason? Um I can specifically. Um three

based on criteria three. Thank you. Is there a second of that motion? Second. All in favor of the motion. No, we do a roll call vote on this. Oh, yeah. Madam Secretary, could you call the role? Mr. Raider, I want to make sure and clarify that we're doing this in the negative or the positive this time. Are we voting to deny or are we voting to approve? You are you the motion was made to deny the application. Okay, then my vote is yes. To deny. Yes. Mr. Roach. Yes. Miss Vest. Mr. Espman.

Yes. There being no further business before the board of zoning appeals for the city of Beaver Creek, I will accept a motion to adjurnn. I move to adjurnn. There a second. Second. We are adjourned.