Zoning Board of Appeals - Regular Meeting

Yeah, we assume nothing's mentioned. Everything's good. There you go. Yeah. Yes, you're probably right. Right. All right. Yep. Are we ready? Ready when you are. Okay. Good evening. The September 2025 session of the city of Bowling Green zoning board of appeals is now in session. Will the secretary please call the role? That's me. Um, sorry, I forgot that was my duty, sir. It's been a while. Cherry Anderson here. Julie Broadwell here. Jeff Crawford here. Tim Emer here. Rod Noble here. David Fagger here. Oh, he is there. A quorum is present. Jay Sachman here. I know you were here.

A quorum is present. The first order of business is approval of the minutes from the August 2025 meeting as circulated. Are there any additions or corrections to the minutes? Is there a motion for approval? I will so move. Second. Moved by Mr. Anderson, seconded by Mr. Sachman. All those in favor say I. I. Opposed.

The minutes are approved. First of all, welcome to all of you and um let me say that we understand that being here and uh requesting a variance and the concept of zoning can be something difficult, especially when the city's tell trying to tell you what you can or can't do with your property. That in mind, I'd like to encourage you to feel at ease. We are your fellow citizens here volunteering our time and we're generally nice people and we just hope that uh we'll be able to come to some agreement and allow for you to do with your property what you you hope to do uh through your variance requests this evening. Our zoning code was updated recently a couple years ago and it does provide a process for allowing projects that don't cons don't strictly conform to the rules set forth in the zoning code. Excuse me. In order for your variance to be granted, uh we need your help. It's up to you to show us that your request meets the criteria provided in the code. And that involves a couple of things. Uh first, you need to show us credible evidence that strict enforcement of the code would cause you practical difficulty. And practical difficulty is something that we struggle with. It's um something that's unique to your situation that justifies the granting of a v variance. It's not just that you have too many cars. uh to park in your driveway or that your you know your your yard's not private enough. Those kinds of things. It needs to something that's unique to your situation. Um like the size of your lot or the slope of your lot or those sorts of things that aren't within your control that cause a practical difficulty. Um, you can you can do this uh by helping us out in your testimony this evening by being mindful of the seven criteria that were in the application package that you received that we need to look at uh and and find exist or not as um part of being able to grant your variance. As we proceed, I

will read the requests in the order that they are shown on the agenda. The city's planning director will then give an overview of the situation and talk a little bit about the applicable sections of the zoning code. You'll be invited then to come up to the podium. Uh we ask that you speak into the microphone, state your name and address and tell us again what your practical difficulty is that brings you here this evening requesting the variance. have um anyone else who would like to speak will then be allowed to testify either in support or against your request and then at the appropriate time we'll close the public comment part of this uh proceeding and you'll be able to go back and take your seat at that time and the board will discuss the request. members may uh ask for explanations, have questions for you at that time, and then after our deliberations, we can either approve your request, deny your request, approve it with conditions, or table it for further information. Appeals to decisions by the board can be made to the Wood County Court of Common, please. And as such, this is a quasi judicial proceeding. Uh this is being uh recorded and in case of necessity there would be a transcript made by a court reporter uh a verbatim transcript of the proceedings and um if you have not already um please sign in at the door there's a signin sheet back there and uh as I said it's a quasi judicial proceeding and as such um we ask that you swear your oath to tell the truth as you testify before us tonight. So at this point, if you plan to or think you might testify, please stand and raise your right hand. Do you swear that the testimony you will give in these matters tonight is the truth, will be the truth, the whole truth, and nothing but the truth will help you God.

Yes, I do. Okay. Thank you. All right. Um the first request is actually the first uh Brandon Flick 887 West Worster Street has asked that his request be uh taken off tonight's agenda and considered at a later meeting. So this the next uh is Scott and Michelle is it rail rail rail 985 West Worster have requested a variance to allow the construction of a 6ft tall fence which has already been constructed which would extend past the front-facing elevation of the principal structure on the adjacent lot to the east. Can you tell us what's going on with this one please?

Good evening. I'm actually going to have our senior planner, Chase Fletcher, um, give you the history of this property and I will chime in if you have any questions that I can help with. Okay, Chase.

All right. So, as Mr. Noble said, they're requesting the construction of a 6ft tall fence and I'm going to go through the PowerPoint here. Um, it is governed by section 150.79 under fences. Um, a fence shall not exceed heights indicated in table 25. Table 25 of section 150.79 uh for a sideyard. uh six foot tall max fences of more than four feet in height in the sideyard may not be extended closer to the street um right ofway um in the front facing elevation of any principal structure on the lot or the adjacent lot. Um here in this image if you take a look um the red line is where the fence uh currently is and the yellow line is the front-facing elevation of the house to the east of it. So that is the line which a fence uh cannot go past being six feet tall. This drawing was done after the fact of the the fence was put up. This is an aerial image of the property. Um here we have using pecttometry we have other images of the property. And then this is a letter that was from our code enforcement officer Jason West into the record. Um below is background information regarding um to the request for the new fence at 985 West Booster Street which was constructed prior to uh prior to the permit October 11th of 2024 through December 11th of 2025. um started working with contractor for fence permit application which ended up being constructed without a permit. Uh staff worked with the contractor to get the proper sketch during this time period uh which included the need for a variance. The contractor applied for a variance on December 22nd, 2024, January 8th, 2025. Zoning Board of Appeals did not approve the requested variance uh C attached exhibit A. Uh, since the variance originally requested

was not approved, the city has been in contact with the owners who hired an attorney to assist with resolving the current fence violation. The property owners applied for a variance and submitted an amended sketch on July 31st, 2025, which is the request you have on the agenda for today's meeting. Um, respectfully, Jason Westgate, zoning code enforcement officer. Um, that is some of the history of the background of this property. Um, here we also have more images of the property. as the fence is currently. And these are trees that are on the south side of the fence. And these were images. I believe they were submitted by the property owners of the inside of the fence. And this was the sketch that was submitted um for review today. Um as you can see, the fence was previously put up. Um the section in yellow is the area that has changed. Um they have cut the corners in um to make it not squared and that is the changes that were made. And we received one email in regard to the subject. Um, green council board members. Uh, my name is Thomas Girkin. I am the neighbor to the west of is it rail?

Yes, rail. Okay. U the rail residents. I have no opposition to their request for variance. They should be allowed to have their fence. Sincerely, Thomas Girkin. That was from Wednesday, September 3rd, 2025. Oh, an advertisement was placed in the newspaper of general circulation as required. A site notice was placed at the site. The other notices required by the administrative code were posted in proper time and location. A letter was mailed first class mail to the tax mailing address of the owner and adjoining property owners. Therefore, all procedural requirements for this hearing have been met. Thank you, Chase. Who will be speaking for the rails?

I'll start. You'll state your name and your address for the record, please. Hi, I am Michelle Rail. So, I'm the property owner. Um, I also have with me Douglas Ruck, who is um has been my counsel for this last year. What was the what was his name? Doug Ruck. Douglas Ruck. Yes. Okay. Will you uh affirm for me that you swore your oath to tell the truth? Absolutely. Thank you. Absolutely. Okay. Tell us what's going on. And as I mentioned several times, we're we're looking for that practical difficulty.

Right. Absolutely. So, um again, my name is Michelle Rail. Uh my husband and I are the property owners at 985 West Worster Street. Um just want to give you a little update here. Um my anxiety is pretty high about this whole situation. So I am going to read um something I prepared if that's okay. Like I said, please feel at ease. We're fellow citizens and we're we want to help you out if we can.

I appreciate it. Thank you though. Um okay. It's been a rough year. So for me, the backyard has always been a place of peace. Somewhere where I could come home after work. I could center myself, recharge myself. Um especially for the past six years and caring for my mother's battle with dementia. Uh she passed last August 2024. Um and in that space, our backyard became such a special place for me to be able to go outside and really connect or it should have been. I was not able to do so, which is the biggest problem in why I asked to find a contractor and did some due diligence. did I did my best to find a contractor that was actually going to do the right thing, but because of safety concerns with the long-term renters on Wilson Avenue, um, and some threats they've made against us, comments they've made, if we spent any time in our backyard before the fence was built, we were just barged with Facebook message threats. Um, they stand outside and smoke their marijuana, unfortunately. um berating somebody over the phone on a daily basis. This has been going on for the three years that they've been there. Um but because of those safety concerns, I decided to take the little tiny bit of money my mom left me and regain my backyard and have some privacy and be able to just go out and enjoy nature again. You know, I'm a Gen Xer, so I got to go out and uh I'm the one who who uh you know, played in the backyard all the time and and drank from the the hose and all of those fun things. So, this is my special place. Um I did tell the contractor multiple times, I have it in writing, that I told him that I did not

want him to touch my property and put a fence in until he had the proper permit. He assured me he would. I was going through the process of grieving my mom, trying to set up a memorial. That's neither here nor there except that is just the facts of kind of where I was at that time. Um, so he came in, he assured me that he had the permit, everything was good. It was just before my mom's memorial that I was trying to plan on central Ohio. I trusted him. I believed him. And I didn't have the time or the mental energy to follow up with him. And apparently he did not. And I found that out about six or seven weeks after he actually uh constructed that fence um through a violation notice. Um immediately contact the city. I've been trying to be in compliance this entire time. I did not want this to happen ever. Reached out to the contractor at that time. He promised me that he would take care of this, that he would apply for the variance, which he did. He paid for it. He in a public hearing admitted that he made it was his mistake 100%. But I'm the victim. I'm the one still dealing with this. Um I'm embarrassed by his behavior, his lack of preparation, and the fact that I didn't realize he wasn't prepared in that last meeting. I feel like I was really taken advantage of, and all I was trying to do was do the right thing and be able to enjoy my property. Um soon after that meeting I did um seek counsel and hired um Doug Rook who's here to kind of support me through the process too and help me with this. So he's I think willing and able to maybe give you some more information that maybe my anxiety won't allow me to give you right now.

Okay, Mr. Ruck. Sure. Thank you so much. You state your name and address for the record, please. I'm Doug Ruck. I'm not a Bowling Green resident. Well, I guess I do have property here in town, but uh 4613 Swan Road, Pimberville. Okay. You you can affirm for me that you swore your oath to tell? Yes, I I certainly did. Thank you.

So, yeah, I'm the attorney referred to in the letter that uh M. Sers read there who uh got the call out of the blue that I got this notice. I'm I could get fined $500 a day. Um, so I I think Michelle was I guess trying to at least address the initial problem here that there's a fence already built, which clearly it is violation. No question. And yeah, I mean it is. So, um, I I sort of reached out and and have had some discussions with the city attorney to say, you know, right, what can we do here? Those discussions are what led to this new application for variance. And two things that I now wish I had maybe helped her include in there um or maybe pointed out further. One was the the picture a couple back that shows really a lot better than drawings and sketches can maybe yeah kind of that picture showing what the landscaping and where the fence kind of hits it. And the second thing which we I guess we didn't really uh adequately address is that I mean technically we be asking for a variance of only two feet in height around that area that extends around because we could build if I understand if I read the code correctly you could put a 4-footer there. I mean we could literally go out with a chainsaw and cut down to that's how we deal with things in Pimberville of course. Um so addressing the um you know the the the hardship I guess stems from the fact that it is an unusual lot and you see this occasionally when the lots are you know reverse not in grease the the you know I've always sort of understood and I mean I've done a fair amount of municipal work myself the idea what you're trying to avoid I think it was shown on one of the sketches there is going down the street you you can't have fences that go out past people's houses all the way out to the sidewalk or right

of way because it looks ridiculous. This what what Michelle is proposing doesn't really do that. I mean, it it essentially just kind of backs stops the landscaping that's already there. The suggestion to cut the corners um is to I guess soften that um you know, a couple pictures back. Sorry to be constantly directing you down there. kind of soften that hard corner there, but then it also um the concern you would have I I would think is the property to the east there.

You know, when you sit on the porch, you don't want to be looking over and see a fence here and a fence here that blocks your view down the street. Well, cutting that corner would, I think, kind of largely ameliate that. I can tell you, um the property to the east is owned by Ed Powers, and that's where he grew up. Um, I did talk to him a couple days ago, as you might imagine. I mean, I probably all of you know him, I'm guessing. He's in the heat of the battle. The asphalt plants are closing in three or four weeks, and he's very busy. Um, I he did authorize me to relate to you. He's he's not objecting to it or expressing any real opinion. If I could characterize his position as, hey, whatever keeps my tenants and and their neighbors, you know, happy is fine with me. So I think you know as you go down the factors there it's not really of substantial variance in that it could be four feet and it would be fine. Um it's you know there's clearly other uses of the property. This property does not become unsealable or even unusable. It certainly becomes uh something less for the rails but uh the first factor I don't think is a slam dunk at all. I think what I really would focus on is the um you know, you don't want to be going around willy-nilly giving out variances that then change the whole point of zoning is to have a neighborhood character and a look and an aesthetic. And I think that's the third factor in the code. And I don't think that really substantially alters at all the uh the property or really significantly impacts the adjoining property there. Um, so Michelle, I guess, is prepared to, uh, you know, take any further questions. We weren't sure two hours ago whether she'd be able to speak here today. So, I mean, she's being honest that she's extremely anxious about this. Um, you know, has some unrelated health

issues with can affect even the ability to spit her words out sometimes. So, I guess I'm not really here necessarily as her counsel. That's going to be later. And I really appreciate that you've documented in the public records that this contractor did this because that's going to be exhibit A. Um I'm I guess more here to help her facilitate and get her words out and guide her to answer any questions you might have. So have at it. Okay. Um, you still

I I usually don't generally speak first, but I'm going to in this case and Miss Real, I'm totally sympathetic to your loss, and I'm, as we said last time, I'm very sorry for your loss. I'm dealing with a mother who has dementia myself right now. So, I I can relate a little bit. Um, that said, the the last time you were here, um, we turned down your request, as you know, for some what we felt were some sound reasons. Um, I feel like Mr. Rock, I this to me looks a little bit like uh an attempt to maybe circumvent that prior decision by bringing in a slightly altered plan uh that enables you to come back to us and take another bite. And um as far as I'm concerned um this, as I said the last time, um this to me is a substantial uh variance and it does change the character of the neighborhood. I'm not telling you how I'm going to vote. I'm going to listen to my fellow board members, but I want to get this out on the table of where uh this seems to have be be going in my opinion. Um, I think that your understanding of the code I don't agree with that uh it's designed to prevent a row of homes with encroaching fences. I think it's maybe almost the opposite. I think it's any encroachment. Uh, one may be worse than all in this in this instance. So, um, I'm not I'm not really uh in into that argument. Um, I do think uh, as I said, this is a substantial variance. I it hasn't changed from last time in a material way. Uh it does in my opinion alter the character of the neighborhood. And um I think as far as uh what might possibly be done to uh obiate the

situation with alternatives is um to deal with the landlord and the tenants. uh you know if they're if they're disturbing the peace and that sort of thing. I think you absolutely nothing will be done unless they do something to us physically.

And then the other thing is is creating that that island of unusable space. Uh as Mr. Ruck said, a 4ft fence would solve that. Um so those are my comments. I'm I my mind's not made up. I'm going to listen to my fellow board members. the issue of the lack of permit. I think last time as I recall there was some a little bit of dragging of the feet in responding to the city and I understand that you were in a not a good place at that time and I I can kind of excuse that. Um I think it was alluded to you know the onus of getting bent is on you as the property owner and I know for some of us um things that get built and then people come in here and ask us for forgiveness rather than permission that doesn't really go over very well. So,

I understand. Um, I apologize for the long- windedness, but with the history of this, I wanted to get that out. And again, I'm not telling you how I'm going to vote. Those are just my thoughts. Understand. Thank you. So, you're I'm sorry. My turn to jump in. Uh, you're still going to have the sixoot fence to the some of the property to the back. Correct. Yes. then you know so you're still going to have your privacy from your neighbors there with the sixoot fence in the back. Yes. Yeah. That's the goal is Yes. And it's still going to be there. The other thing is going to be

4 foot if if if you know when I'm saying 4 foot and if I remember right then the contractor said he would take care of it. That's what he said. I know. And that was one of the reasons that we kind of well I that last time I voted I I believe I voted no. I'm almost sure I did. Uh because that contractor said he was going to take care of it too. That contractor has basically disappeared now. Yeah, I I understand that. Yeah, which I'm sorry. Sorry for that.

Can I ask a question to Heather? This would be in compliance if they moved that six foot portion back in with the um front of the house on is it Wilson? Yeah. Yeah. Correct. If it was in line with the house, right? So they could still in theory have a sixoot fence surrounding the house. It would just be a smaller. Correct. Right. Where that dotted line goes through. Yeah. So how many feet is that? Do we know

it? It's I think about 20 feet 20 21 feet which is more than a third of the yard would be. It also would cut through our garden. Uh so we've built a wall a little raised wall that you saw in one of the pictures and it doesn't it's not going to remove any of the landscaping that's already there in the back. Those trees have been there for 20 plus years. Those bushes have been there for longer than that. That's why I was saying the 4ft fence. I mean, you still got a pretty good blockage of trees going along to the back. My biggest concern really is that side. They sit in that window.

Okay. And you still have the six foot. You still have the sixoot fence there for portion of it, not for all of it.

Part of the reason that I supported this request as it was presented the last time was because my logic was if they move that they if they move that back, they still have a sixoot fence. in their sidey yard. It didn't to me make that big. It's you still have if the neighbor didn't like that, they're still looking at a six foot fence in around the property except for the that 20 foot area. So then that just I mean on my in my like feasibly like what do I then do with 20ome feet of yard that people are going to walk through that people are going to already be we already have those neighbors trying to walk through anyway they're walk their dog over and it poops in our grass near the fence beside the fence like it doesn't keep us safe. It doesn't keep my daughter safe. is the property that's giving you the the hassle the one do east

straight east the one on Wilson. Yes. If you look at it the sixoot fence cuts off the right there. If you're saying they're looking out your window the window the the sixoot fence would cover the entire side of that house. There's no way they could look unless they don't have much of a backyard. They spend a lot of time in their front yard. You would still and you also can you show the picture on Wilson shows the vegetation. Yeah, that's a substantial amount of vegetation that covers the front of that. Just the one small corner is where they will be able to look in from the other. It will be the other side of that right there.

Yeah, it's that entire side that they will stand out in that yard. David, if I can build on maybe what you're saying is the six foot fence is there now. It has been there for some time and the problem still exists. So, no. Right. Making illegal is not going to change that. It doesn't No, no, no. Understand. But what I'm saying if it were taken down to 4 foot and and if we if she's having such problems with the uh the property next door and the renters, have you contacted the property owners? Yes. And said, "Okay, this is what we're he does not care." And documented completely through the police department and such.

Yes. I have called the police on multiple occasions and every time I do I get a Facebook threat from the renters physically threating threatening us. I just want to be in my backyard. I I had no idea this was an issue or I wouldn't have I would have dealt with this. We may have just moved and may have died out of Bowling Green for that matter. I really just want to have a yard that we can use. And we are the only property in that entire two section block that has, I believe, I think, I could be wrong, there might be one or two more, but we're the only one with a double lot. Everybody else has a single lot and their backyards face one another. All down. All down Wilson and Worooster. all down. Sunset and Wilson.

Julie, any comments, questions? I'm really sorry when you have neighborhood difficulties like this. I mean, I'm not um downplaying that whatsoever. Um but I would have to vote against this because it does substantially change the neighborhood. Um, I'm just wondering if you can't go a civil route or something in regards to your neighbors, which is not for us to decide or anything, but um, I mean, it just sounds like a terrible living situation for you, especially if you've got Facebook posts threatening you. I mean, we're not for civil. That's not for us to hide. I'm just I've contacted the police.

They said they will not nothing can be done until they physically do something to us. They don't care about Facebook threats. was putting that on record. This seemed to be reasonable to me and and again trying to go through the process and making sure that we had the proper permit which is what I asked for from the beginning.

Yeah. And I I I uh totally there's I don't think it would be just to hold that against you because I do 100% believe you that the contract said yeah we're good to go and then turns out you know we weren't. So, I don't think it is a significant uh change. You're allowed to have a 4-ft fence. You want a six-foot fence. There's mitigating landscaping. They've taken mitigating steps to try to reduce the angles on the corner. And I I guess I don't what characteristic of the neighborhood did it change, I guess, is is what what I'd ask because I really don't think that it's changed the character of the neighborhood at all really. So, I was uh before it the first time and and I think I'm even like more for it this time. So, that's that's where I'm at on it.

Okay, Jerry. Yeah. A couple of things. Um Michelle, first of all, I'm sorry for your loss. Thank you for being here today. Thank you for your willingness to amend things. You are a victim in this. you sought permits. I'll have questions for our planning department. Do we know this ARV ventures? I'm going to be asking you about that. Is this a frequent flyer on this? I'm new to this board, as you know, and I don't like this idea of people getting just going ahead and building stuff and then saying, "Hey, we'll go up and ask forgiveness." But that's not what you wanted to do. You were asking for.

That's right. Also, I appreciate this view right here, Chase, because when I was reading about this today, we don't want to have in this city a place where you where you you can go to your front porch and not see anything but wooden fences. But look at this. Because I was out there today, I'm not worried about the west side of their property or the east side of yours. Who's going to stand in that narrow piece of land on the side of the building unless they're out there smoking dope? And I don't care about them anyway. But from their front porch um from their front porch when I was out there today, you have to look for the fence. It's tucked in behind all these trees. And I just if that's what it takes, you didn't seek to thumb your nose at this the city zoning code. Um I do see moving that over. you're going to have this whole chunk of land out there that is just space that won't be really usable for you.

And I just think that in the spirit if this were just putting up big fences and creating fortresses, I can easily be against that. I am not against this. Anything else from the board? Anyone in the lobby care to address this? I would just say one one more one quick thing. Sure, Mr. R.

I I just want to address your the idea or the your concern. Um I can understand a little heartbeat burn that you were already here on this thing. This is to some extent a sec asking for a second bite of the apple, but it's because the first one was done by this person you rightly asked about that. I mean, I'm going to be finding out all of those things in a lawsuit very soon. Um, so the the reason we're here is um when I when you know when I look at this and what happened and the denial, I'm like, "Wow, they probably were right. That's if you read the code, that's what it says." Um, you know, we're here in direct consultation with the city attorney who said, "Why don't you come up with something that I mean, he and I more or less put half a dozen options together. This was the one that seemed the most sort of reasonable, practical, but yet not going to cost an arm and a leg to the land owner. So that that's the only reason we're here. We're not trying to, you know, just keep running back and back and back. I mean, wasting everyone's time and insulting your intelligence and certainly she's not doing that. I mean, sometimes attorneys do that despite their best efforts. But, uh, I just wanted to let you know that for sure. So, thank you.

I have one last question. Um, and I guess this is for Jason. Um, Heather, the sideyard is the side fence is also 6 feet. I thought a side lot had to be 4 feet. No. Okay.

I also feel a need to clarify my position. I think it got confused. My logic was if they move this in compliance that did not as a six they can move it and it'll be still be a sixoot fence in the sideyard. That to me is that to me puts it over the top that I would support it as is because that doesn't make a substantial difference to me. If you move that thing if you make her move that thing back and it's incompliant, she still has a six-foot fence in her side yard. She doesn't want to move it.

I'm in I'm in to be clear, I'm in support of this. What What characteristic of the neighborhood has been changed? I mean, we actually kind of get a little bit of advantage on this one because there's been a pilot program in place for the last, you know, 6 months or whatever. And has there been any complaints to the city about the fence? Not that I'm aware of. So, are we just like enforcing the code just to enforce the code? Like, it it just doesn't seem significant to me. Well, think about if these neighbors weren't causing a problem, why I mean, if someone else moves in there, why should they have their view blocked by this six-foot fence? Yeah.

I think we have to go past if it's just troublesome neighbors. And when you I mean, you look at it and it it people sitting on their front porch

do see this huge fence. It is it is different. I mean, you can't just go sit out on your porch. you are seeing this huge fence that's there and bringing it back would be in compliance and you know Michelle is saying they would lose 21 ft which that's the difficulty. I mean I'm not saying that this whole thing was handled right. I'm really sorry about that. But I do think for that house on Wilson Street that is that is a substantial change. I don't know why all those trees are in back, but that's not what we're here for either.

Um, one quick addition if I if I may. I think um one of the drawings that I submitted, I don't know which one, actually shows that we talked about in in talking with um Mr. Rock and and the city attorney, we're willing to put landscaping um all around. If you look at the picture with the mailbox right there. So, we just recently found out we thought we were giving about um a twoftish um strip of land between our fence and the property line. It actually ends up being closer I think it's closer to 8 foot 5 8T because that post for that is actually the pin was found recently by the city workers not me. Um, and they told us that that all is our property from the mailboxes over. We have more than enough room to put bushes, to put anything to soften that look. I am happy to do that. Um, anything to make it that would also help reduce some of the sound and the noise that comes from the neighbors as well. But as Mr. Rex said, Eddie Powers, the owner of that house, has no no position on it. He is not opposed to this. So,

are you talking about the the um the the clipped corners landscaping there? Yes. Yeah, there is already landscaping on the opposite corner. This one we would add some. They're trees. There's there's a couple of trees, but we would add more landscaping to make it more appealing on the other end if we're allowed to do this.

Any other questions for Mrs. Rail? Okay, we kind of extended the comment period, so we'll close that now. And um I guess since I went first before after hearing all of you and your comments and concerns, um I could be persuaded to to be in favor of this if um if the applicant could agree to and I'm going to suggest a minimum of um my day job is doing this a little bit. So, um, uh, half a dozen 4 foot arborite on the east side.

I think the west side doesn't appear to be an issue to me, but clip the corners as you've requested and a half a dozen at least 4 foot ar and it might do you some good as they grow up too because they're going to go higher than six feet. So, that's another thing. Yes. So, uh, that's that's where I am. Are you talking about all the way along the fence line or just that clip corner?

Well, let me be more specific. Um, where they're taking out it looks like two sections of fence to round off basically that corner. So, if if we could do say three on that clipped side and then three on the east facing side going back to the to the north. We we did consider actually putting them all down um the entire fence, but that'd be better. I mean, yeah, that was the thought process to to really soften the whole thing. I mean, we don't want it to be a nice story. We we really So, that's that's my final thoughts. I'm uh on the fence on this one a little bit,

but uh Jeff made a good point uh with with the whole, you know, she moves it over 20 foot. I mean, she's really going to lose a lot of her yard, a lot of her space, but there's not going to be be a little bit of a difference in the house, and that the homeowner doesn't seem to care. Um, so I don't know. What do you mean by the homeowner? The the the homeowner Eddie Powers. And he would have been notified twice. Yes. Right. And had an opportunity to, right? Yes.

Two times. Correct. Not at all. Correct. Correct. I also feel like we have to be careful about suggesting the planning our the landscaping what they should put in. Is that our sure that's okay. You can ask them to amend. Oh condition. No, I think this is one of those times where you said you could vote yes, no, or yes with consideration. I think this is a yes with consideration

as stated by you with the arborite which our our person Thank you Michelle has been and I think the history tells us that the track record is there. They're willing to do that. Yes. with a condition. Okay, Tim, that I think it's good compromise, David. I'm in agreement with the compromise and and it would help cut down on some of the noise as they talk. We've used that on some of my properties and it is very effective. Julie, I'd still be a no.

Okay. All right. Any anything else? If not, is there a motion for the disposition of this request? ISO moved uh with with the uh arboride six would you say six of them? Yeah. Three three along the I'll call it the clipped corner and three on the east face. Clipped corner going north. You need a second for Jay? Yes. I would second that.

Okay. Any discussion? Okay. It's been moved and seconded that the variance request be approved with the condition that um three minimum 4T high arborvite be planted along the quote unquote clipped section of the fence to the east and another three minimum 4ft arborvite along the east facing fence going north from the clipped section of the fence. Now, that didn't confuse everybody, I hope. But all right, Mr. Secretary, would you please call the role? Julie Broadwell, no. Jeff Crawford, yes. Tim Emer,

yes. Rod Noble, yes. David Fleger, yes. Jay Sachman, yes. Jerry Anderson, yes. Yes, I'm sorry to have put you through this again, but your variance was been approved with that condition and wish you all the best. Thank you everyone. Appreciate your uh considered discourse here after what happened today nationally. It's nice that we can still do this here and also nice digs you have here. I haven't been here since I used to have an office. Thank you. You did right.

Thank you. Okay, next request. Benjamin Maxwell, 922 Morning Dub Lane, has requested a variance to allow the construction of a 6ft tall fence in the front yard, which is a corner lot. The fence would be along the front yard facing Crim Street, which would be 2 feet taller than the 4ft maximum height allowed. Heather or Chase, one of you care to give us the rundown here?

Yeah, thank you, Mr. Noble. Okay, so as you said, the gentleman is requesting a 6ft tall fence. Um again fences are governed by section 150.79 fences um except for when fences are required by the zoning code for screen. A fence shall not exceed heights indicated in table 25. Table 25 uh front yard 4ft max. So this property as you can see from this aerial image is on the corner of Morning Dove Lane and Crim Street. The section that we're talking about um is on the east side of the property. And since it's on a corner lot, it technically has two front yards. That is why it's limited on one side to 4 feet um that were they're requesting for six feet. Um here is another image of that home on the corner. This is from the east, west, north. That's corner image. But this section here um on the side, that is the area that they are requesting. And this image here shows the section. It's 50 feet of fence along Crim Street and then that additional 14 ft also on Crim Street. That comes in a little bit. Um those are the areas that they're requesting it to be 6t tall instead of 4t tall. Uh we received no letters um in regards to this. Um an advertisement was placed in the newspaper of general circulation as required. A site notice was placed at the site. The other notices required by the administrative code were posted in proper time and location. A letter was mailed first class to the tax mailing address of the owner and adjoining property owners. Therefore, all procedural requirements of this hearing have been met.

Thank you. U Mr. Maxwell, I assume would please speak into the microphone and state your name and address for the record. Uh Benjamin Maxwell, 922 Morning Dove Lane. You confirm for me that you swore your oath to tell the truth. Yes, I do. Okay. You would tell us what you would like to do and bear in mind this practical difficulty issue that we need to address.

Yeah. So, um, from the other three sides of the property, um, so that' be the west side, south side, north side. Um, I have approval for the 6ft fence. This 50ft and 14t section is along Crim Street. Um, the house that would be to the east of that, they do already have a split rail fence with wire up between it. Um, I have a dog. This is my first house I've purchased. I was unaware of this six-foot rule being a technical two front yards. Um, I guess my worry is my dog being outside either jumping the fence or barking at the other dog all day. Um, causing more difficulty than good than just having a sixoot fence instead of a 4ft fence. How tall is How tall is the fence across the street from you? The the the split rail with the wire.

I would assume four foot. I haven't put a tape measure to it, though. Okay. Um and then again, I mean, just overall privacy. Um I'm doing the rest of it 6 foot. This would be the section at 4T. Um I know it's not the practical difficulty, but this Crim Street is a deadend street with absolutely no um residents on it. The only other driveway off this street or housing on the street is a gabled barn. Um, that'd be to the southeast of my property. And that's all I have. Okay. Questions for Mr. Maxwell?

Can we go back to the view? A street level view? [Music] Yes. Something more. Yeah. Go back one. Okay. So, the the the side that faces morning dove is going to have a six foot fence and crim. No, I'm No, this is what he's asking for back here. What's going to be what is facing morning dove? Uh like the awning that is morning dove. Will there be a fence on that side? Um on the opposite side towards the gray house, there'll be one running towards his split rail or chain link fence then back.

Yeah. But he doesn't need a permit for that. He doesn't need So the sixoot fence would run between the garage and the side of the house and this side of the house. It would it would go straight and then cut into the house before the utilities. No fence along morning dove. Not in the front yard. No. No. No. No. Um, yeah. You're stuck with two front yards, aren't you, Benjamin? Because I'm out there today and I'm saying the front of that house faces Morning Dove. Yes. But you are being asked to uh abide by the other front yard. Yes. Gotcha. And that garage is yours, correct? That is my garage. Yes.

What kind of dog do you have? Good question. Um, he's a rescue, so he's currently living with my parents house until I kind of figure this all out. Um, so I can bring him there, but he he's a lab mix with something. Benjamin, could a four could a 4 foot fence contain him? I don't know. I've seen him jump him before to be honest. The chain link, not a not a privacy fence, but he's part kangaroo. I'm concerned. Any other questions?

I'm just going to make a comment. There's a house on um I think it's Enterprise, not Summit. And they're a corner lot and they have a sixoot fence and then the side that's on Enterprise is 4 feet. And they have two dogs that stand on their hind feet and bark. But it's in compliance and it looks really nice. you can um so I think having the 4 foot on streets I mean it's unfortunate but some people buy corner lots and what the zoning code says is 4T if you're on a corner lot for that side. Um and I mean it's the house I'm talking about looks really nice and they just moved in a little while ago. Um, but I guess if it's a dog situation, it'll be a dog situation that you'll need to factor in there. But I would say that it needs to be a 4ft fence

side. I can caveat onto that because I do I live off a ridge in Prospect and I've got one that's a kangaroo, too. And we have a 4ft fence and it's a chainlink fence. So what we've done is just put a little interior barrier to divert them to keep them away from getting at that fence. So and it to make it can made made to be look nice using vegetation and all inside of there but it will contain them. Okay,

understood. Any other questions for Mr. Maxwell? You can have a seat and we will close the or anyone else care to make a comment question. Okay, we'll close the public comment portion of the hearing and um discussion amongst the board members. Anybody else have any comments, thoughts? I myself Go ahead.

Oh, I'm sorry. I don't have too much of a problem with this one because I think it's far back from the intersection where it's not going to pose a problem. It's not really posing a problem to any other property owner because there's no other house, you know, behind him or, you know, he's got a street to the other other side of him. So, you know, you he wants some privacy back there. Probably have, you know, sit around and have a fire. See, he's got a fire pit back there. So, I I don't have too much of a problem. I don't think it's really going to be out of line. Can I ask a question for clarification? Even though Benjamin sat down, no other house faces Crim Street in that section from Morning Dove South. Is that correct?

No. Like come up to the microphone. Would you come up? I'm I'm sorry, Benjamin. I put you in that position. My bad. So, so to the souththeast of my property, the only driveway or housing that relately touches it is a gabled barn. You can see the corner. I see the gabled barn to the lower left there. Yeah. Yep. Right there. So, the lot behind me is an empty lot, too, owned by the um people next to it. So, there's no housing there either. But the sixoot fence would face the property to the east then to Crim to Crim the other side. That house.

That is correct. Yes. Correct. Anyone else final thoughts? This reminds me of a request that we approved last year at the corner of Winter Garden in Burggoy. It's a corner lot in the same configuration and we allowed that six-foot fence. Yes. In the sidey yard and quite frankly, it looks terrible and I wish I'd have voted no on that one.

I'll agree with um We don't operate under precedent. I realize that I'm just going by the visual that I have of that one at the corner of Morian Winter Garden. Um I also feel like the neighbor across Crim Street has a 4ft fence and um I'm afraid I'm just not seeing the practical difficulty here on this one and I'm not going to be able to support it. Any others? Final thoughts? Benjamin, how do you feel about putting up a 4 foot fence? You're just saying you need to get your dog better trained.

Yeah, I mean I'm I'm able I mean put up the fence myself no matter what. I can put up a 4ft privacy fence. I'd rather not to keep it consistent with the rest of the backyard and for foot traffic walking by whatnot. It's actually a private backyard. But um yeah, I understand. I bought this property un knowing of the city rules. So yeah, the majority of it is six foot. Just that small other front yard is the difficulty. Everything else is your six foot legal except for that one small section. That is from the garage forward to the house and then over. Yeah, that proposed fence. That's what it would Yes. Yeah. But that small section measures Where's my diagram? Feet. How many?

50. 50. It's 50 and 14, isn't it? 64. Yes. Okay. So, it's 64 feet. Okay. That's what I thought. You can go back to your seat if you'd like. Okay. And by the way, thank you for buying a house in Bowling Green. Yeah. No kidding. Graduate. I love the city. There you go. Had to. Thanks, man. To me, making this a 4 foot fence does not make it um Yeah. It's still a fence on a sideyard. So I have no problem with six with it as it's presented. Okay. Anyone care to make a motion on the disposition of this case?

So move I move that it's uh we approve it as presented. Second. Second. Okay. Who's that? Moved by Mr. Crawford, seconded by Mr. Fleeer that the variance request be approved as submitted. Any further discussion? Mr. Secretary, call the role, please. Um, Jerry Anderson, yes. Julie Broadwell, no. Jeff Crawford, yes. Tim member, yes. Rod Noble, no. David Fleger, no. Jay Sachman, I'm gonna say no on this.

Sorry, Mr. Maxwell, your request was not approved. Uh reminder, you have the option to go to the Wood County Court of Common, please, and appeal our decision. Any lobby visitations? I apologize, the email I sent this morning had confusing dates. Um we are planning the u workshop for October and the idea is that if we have an agenda item which I think we're going to Is that right Heather? You know of one or not yet? The other one was November, wasn't it? We don't. Okay.

We don't have any yet that I'm aware of.

Okay. If we if we do have an agenda item, we would meet at 6:00 in the conference room over here. If we don't, we'll do it at 7 o'clock. We'll as soon as Heather knows whether we have um any any business before the board, we'll um we'll let you know which time that is. And um please let me know if you want I'm going to put together a little agenda. Um if there's anything that you want to discuss um please let me know and we'll get that on the agenda. I can tell you what I intend to put on there is is practical difficulty. What does it mean and how do we how do we deal with it? um this whole thing about how the meetings run, our negotiations and how we or amend motions or condition requests and that sort of thing. We did get some guidance from um the city attorney's office on that which we'll we can discuss next month. Um and and some of those kinds of things. I have been doing some research. I've got some cases actually from um around the state that deal with practical difficulty issues and talk about um negotiations among the board. Actually, Jeff, one of them was talking about what you brought up about landscaping and can we tell them what variety of tree and that sort of thing. So, um that's that's kind of where I'm going with it. So, if you if you all have anything else, just please let me know and we'll get that on the agenda and out in plenty of time before that.

Is there any way to discuss because like that young lady came in here and to deal with a contractor that just didn't do their job. I mean, is there any way to kind of Heather to hold those people somewhat accountable? I mean, I know it's not the direct focus of us. We're hoping to have someone from the city attorney's office at the meeting next month. So far, I don't think that's been committed as far as I know, but that's our hope that I hope so, too. Have someone there. I think that's I think that's important. And if we can get that done, it'd be really good to have have that resource. And we've run that on concrete work before, too.

Yeah. Constantly. And it's it's almost like let me do it now and then ask for forgiveness as we go. Right. Okay. Anything else? Motion to adjurnn. So moved. Second. Second. All in favor? I opposed. We'rejourned. Thank you.