Board of Zoning Appeals - Regular Meeting

Would everybody please rise and join me in the Pledge of Allegiance to the flag of our country. Did everybody get a chance to read the minutes? Yes. Any addition to subtractions?

I'll make a motion to approve the minutes as submitted. I'll second it.

All in favor? Say aye. Aye. Aye. Aye.

Hey, we wanted to call the first case, please. Thank you, Mr. James. Name is Craig cloudy. I'm the director of planning and zoning by name plate as yet to come in. The first case we have before us tonight is a variance request. Easy a case number three dash 26 dash a is located at 1175 Benning road. The applicant is Jeff Ross a lot. with Boss Renovations LLC. The action requested tonight is that the Union Township Board of Zoning Appeals grant variance relief from provisions of Section 602 of the Township Zoning Resolution to allow for approximately 30 by 12, a 360 square foot addition to encroach approximately 9.7 feet and 10.9 feet within the required side yard setback of 20 feet, resulting in two reduced side yard setbacks within the ER district per Article 6, Section 602.1. The subject property is zoned ER residential and it sits on 0.2420 acres. Some background information, the applicant in process of renovating the structure desires to construct the 12 by 30 foot addition to the rear of the existing structure. The proposed addition is to a legal non-conforming property requiring a 50-foot setback reduction, which aligns with the existing building footprint. The home is surrounded by vegetation to the south with nearby residential uses configured in a similar manner to the east and west. According to the applicant's statements, the proposed addition location is the only viable location for the addition in close proximity to the main structure. Some staff commentary after reviewing the application, the granting of this variance would not result in the establishment of a use that's not otherwise permitted within the ER district. The proposed structure is oriented as such that it allows for the best location or reasonable placement in use of the property when considering the limit of location caused by slope, terrain, stream setback, and opportunities for connection to the existing home. Minimum side yard setback standards within the ER district when applied to this property result in a 10 foot wide addition arguably depriving the applicant of reasonable use of the property. Minimum lot width standards within the ER district are at 175 feet. The existing lot measures at 50 feet. This hardship was not self-created by the applicant. The proposed structure does not impede and expand the building footprint closer to the property, therefore not impeding light or air to the adjoining residential properties, nor will the structure adversely impact the adjoining properties. It does not appear that this variance will result in an undue privilege being bestowed upon the applicant since the applicant is requesting the variance to accommodate a structure that would otherwise be permitted but for the purpose of replacement, purpose of placement. The action required tonight in accordance with Section 430 through 433 of the zoning resolution, the Board of Zoning Appeals is to enter into a motion to approve with modifications or deny the applicant's request for the variance to Section 602 of the zoning resolution as to allow for the construction of a 12-foot by 30-foot addition to the rear of the existing structure in the designated side yards based on the evidence, testimonies, and findings of fact.

That concludes the report. Okay, thank you. Does anybody speak in favor of this proposal? Step up here. State your name. Spell your last name.

I'm Jeff Roslo. Last name is R-O-S-S-E-L-O-T. And your address? is PO Box 398, Owensville, Ohio, 45160. And your phone number? 513-383-2940.

Raise your right hand. You solemnly swear the testimony you're about to give is the truth, the whole truth, and nothing but the truth. Do you have what you've got? I do. Okay, go ahead.

Well, first of all, I'd like to thank the board for allowing me to come in front of you with this application. Everything that is going on down there just like was stated and has been stated in the application itself, falls within the boundaries of the existing building. So we are not encroaching any additional room on any side boundaries. Once again, the lot is a challenge, being a 50-foot lot. And the only place to be able to do anything is to come off the back of that house where we have, where the setback is great and we've got plenty of room there. You know, the area down there is beautiful, although we've got some houses there that are less than that. And our focus is to come in there and to change that and to make those houses down in that area. Nice. And of course the race property values and just increase the neighborhood down there. So, um, with all that said, uh, the fact that the building that we have there is what we're stuck with. Uh, we understand that, uh, the ER district is different than that. Now with new billing, the new building codes and what we're, what got there is what we had. So we, We're not encroaching any closer than our existing building is. That's what we got. It's the only thing we have to work with. So that's my comments.

Any questions?

I had one question. I have to make two. Sure. So do you own two parcels down there? I do. The one right next door? Correct. Okay. So I guess my question is, I take it you're going to, You're not going to live in this place, correct? You're going to sell it. So did you think about taking two parcels and combine them to make one parcel of that?

No, I didn't really think about that. I mean, I bought both parcels existing the way they were from the previous owner, and that previous owner owned both of them as well. So I just purchased both properties from them the way they were.

Okay. So the one next door, would you, this is my last question, the one next door, would you consider upgrading that or build something new there also?

Well, our plan is to upgrade that existing house as well.

Okay.

Yeah. So we would go in, once we finish this one, we'd go in and do the same thing on that one. That one will not require a room addition. Okay. It's big enough to be able to rehab it as it is. So we wouldn't have to do anything on that one.

All right. Thank you. Sure.

Any other questions?

Who started the room addition already?

Well, part of it was started, and then we came in when we bought it. Part of it was started when we bought it. Oh, what? Yeah, and then we went ahead and came in and started working on it as well. So the house had started to be rehabbed when we bought it, and so much of that that we had to take most of that out. It was bad.

Okay. Any questions? No. Thank you. Okay, thank you. Is there anybody else to speak in favor of this proposal? Hearing none, hold on. Is there anybody to speak against this proposal? You speak against the proposal or for it?

I'm against.

Okay, then step up here.

If I may, I would like to present these to you.

Okay, let's get you swore in first.

I've always heard that a picture is worth a thousand words. And this is what it's going to do to me. Okay. That's my view. And this is my view. Okay. And this is another view. Okay. It will take that view I looked at.

Step back here and let me get, step back so I can swear you in.

Okay.

State your name and spell your last name.

My name is Kenneth Thomas, T-H-O-M-A-S. And your address? 1173 Benning Road, Milford, Ohio, 45150.

And your phone number?

513-628-9759.

Okay, raise your right hand. You solemnly swear testimony you're about to give is the truth, the whole truth and nothing but the truth, so help you God?

I do.

Okay, go ahead.

Well, the main thing is not here, but I believe that they are already in violation of about six points of the established district proposed in 1959. And it's under 601 compliance and regulations. I believe they are in violation of number one right off. What did it say? No building structure or land shall be used or acquired and no building or structure apart thereof shall be erected, constructed, or reconstructed. That's the point he's doing. There are no existing floors or walls in that place. He tore the whole place down sneaky like it. He did the floors first, then they went in, put in the walls, and then they tore down the outside, burned it in the backyard, snapped up the walls, and put their siding up really quick. That's one. And then number two would be a violation of A, to provide for greater height or bulk. Well, that's what it's gonna do. It's gonna put a bulk there. And then on C, to occupy a greater percentage of the lot area. Once he does that, there's no room in that backyard for a swing set, sandbox, or kids. Everybody forgets about kids. Kids gotta have a place to play. They won't have one. And D, to have narrow or smaller rear yards, front yards, side yards, or other open spaces than hereon required or any other manner to be contrary to the provisions of this resolution. Well, he's going to definitely reduce the backyard and the side yard. He is going to be within 10 foot of me. And that isn't right. And that's what it says here. Number three, no yard or existing lot at the time of passage of this resolution shall be reduced in dimension or area beyond the minimum requirements set forth therein. Yards or lots created after the effective date of death shall meet the least minimum requirements. And that's what he's doing. He's reducing it. And let's see, the last one. Number four. No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with the regulation in this resolution. And this was, as you gentlemen probably know, was 1959. So I would say the township trustees at that time could foresee a problem like this. And that's why these are here. And that, to me, that addition is going to violate every one of these things I just read.

Okay. Anything else? Please? Anything else?

No, not at this time.

Okay, anybody? Come up and say something later. Okay, well, hold on. And a member of the board have any questions? Okay, you can have a seat. Is there anyone else to speak against? State your name and spell your last name.

William Herring, H-E-R-R-I-N-G. And your address. 1155 Benning Road. And your phone number. 513-324-3400. Raise your right hand.

You solemnly swear the testimony you're about to give is the truth, the whole truth, and nothing but the truth, so help you God?

Yes, sir. Go ahead. I would like to submit just one picture. THIS IS A PICTURE TAKEN PROBABLY 25 YEARS AGO, AND IT SHOWS MY HOUSE, BUT IT'S TAKEN FROM MR. THOMAS'S HOUSE, AND IT SHOWS HIS HOUSE COMPLETELY SURROUNDED BY WATER. WE LIVE IN A FLOOD ZONE. SO I JUST WANT YOU TO UNDERSTAND WHERE HE WANTS TO PUT THIS ADDITION IS IN THE FLOOD PLANE AND WILL BE AFFECTED BY WATER, YOU KNOW, FROM TIME TO TIME. my biggest concern is the sewer and he makes this house bigger. That means the sewer is going to probably take on more. Um, it'll, it'll actually be affected because it will be in the house is bigger. You're going to have more people living there and I think it'll affect the sewer and that concerns me greatly. Um, the people who lived there before had never updated their sewer. My house was updated in the seventies. Um, it's a nice feature. I, I'm just concerned that I'm going to sit outside. I'm going to smell things that I don't want to smell. And I'm afraid that this addition will affect my house and my family. And I'm concerned for Mr. Thomas as well. He, um, won't be able to sit in his backyard. They'll have a huge addition looking over him in his backyard. I don't think that's right. And just for the, um, just to state a point to the foundation that was poured there was not there before the last owner sold it. This gentleman has put that in there after he bought it and has done a lot of things very quickly to, you know, avoid permits in my opinion. So I don't think he's done it the right way. I don't think it's fair to Mr. Thomas. Um, our bedroom, if you look at that picture, Our bedroom window looks straight out at his house, and I'll be affected by my view. Instead of looking down through the valley, because my house sits behind Mr. Thomas' house and this house, I can look right down through the valley when I'm in my bedroom, and now I'll look at this addition. So I would appreciate it if you guys think hard on it and take into consideration we were there before him. He bought this property knowing that it was what it was, and he chose to do it. And then he's chosen to break the rules, and I don't think it's right.

Are you saying that he?

He did the foundation.

That Mr. Rosslet poured the foundation?

Yes, sir.

How long ago did he do that?

Maybe two months ago.

Okay. Any other questions?

I just want another question. What type of sewer system do you have?

Do I have? I have an updated septic system, which a leach line and a leach bed and my house and my septic system actually are above the floodplain. His house and his septic are in the floodplain. Okay. Which I know my understanding was you weren't allowed to put an addition on being in the floodplain first of all. And then the fact that it might affect the, septic. A bigger house, more people. It's an old, outdated septic system. I don't think you can update it because of the fact that it's in the floodplain. It's a very touchy area.

Thank you all. Anybody else to speak against it? We'll give you... We might have to keep your picture. Thank you, sir. Anybody else to speak against it? Hearing none, we'll close the testimony on this and go to the board. Any discussion of the board?

Yeah, I was going to ask the gentleman with rehab again. did he get permit i mean he does he have a comment back to i mean do we get building permits for that foundation you just can't will you come on up yeah can you address the comments that the gentleman there said i mean the building you just can't put a foundation in it no and it was put in in in the middle of winter because of whether knowing that we were pulling permits so that's what this process has been obviously i can't pull permits until i get his own permit

So, but the foundation in the middle of winter, and we've done that before and taking pictures of doing the accounting because we were trying to beat, beat weather because weather was so bad. So it is poor. There is a footer there and there's a wall, but there's no permit.

You took the car for the horse or whatever, right? It was in that case.

Yes. Okay. Yes. But like I said, we've worked with the county before on other projects and we do that with pictures. And so, when weather's bad like that, they'd allow us to do that.

How about the floodplain in the, I mean, when you get your permit, I mean, typically they look at all that stuff, too.

Right. We've talked to them about that. And the subfloor level is not in the floodplain. Also, the floodplain does not have anything to do with the new septic system that will be going in there. The septic system will be upgrading that floodplain. So it's got the floodplain does not reach subfloor level on where that room addition is.

All right. So when you say if you do get a variance and you do submit drawings to the township county for a building permit, they might have what happens is they have concerns with all this stuff. Well, just other than what they just told you, you know, six months ago or so. I mean, you could be in a world of hurt.

Well, I've had discussions with them over there about it. I understand. And we've been over it. I don't think there's going to be any issues. They indicate that there aren't any because of all the information I've given them.

But you have drawings that you gave them. Yes. Have you gotten a proof set of plans for a new septic system yet?

Not yet.

Is the proposed addition going to increase the bedrooms? Is that to increase bedrooms?

It has a bedroom. It's considered a two-bedroom now, so it would be a three-bedroom home.

Another bathroom put in? That doesn't matter.

Another bathroom.

The septic is all based on bathrooms. Or I mean bedrooms.

Mr. Wright, do you have anything?

You know, candidly, I think you just have to balance the opportunity to rehab these structures. I really don't think there's a market for a two-bedroom, one-bathroom home. I would be hard-pressed. I'm sure there's somebody that would buy it, you know, but at the end of the day, I mean, if these two lots were vacant, platted, with no houses on them, they could come in and get building permits under the existing code, under there's some relief provisions in the zoning code that basically modify all the setbacks to percentages, and I don't know... exactly what that section is off the top of my head, but I know we've had to do that from time to time where there are these smaller non-conforming lots. In this case, these lots obviously predate zoning. I think they're three-tenths of an acre or something like that. Narrow lots, obviously platted in an area that was developing differently than what the zoning code, when it was adopted. And I don't believe anything's ever changed down here, at least in the... My time, and I would be hard-pressed if it's changed 40 years prior to that. So, I mean, I think there's a balancing test. You know, if they can get the permits, you know, for the septic system, I mean, there's a lot of what-ifs here. You have the county public health district that is going to weigh in on, you know, it has to be built properly for the septic system. They have to prove to the county building department that the footer and foundation passes inspection, which that will be a challenge. And then they still have to come in and get a zoning permit if the board will approve this.

Is all of that held up, though, until we make a decision? Correct. Yes. So we can't know what that answer will be.

No, so he's sort of proceeding at his own risk here with some of this, you know, pending the outcome of this hearing. And, you know, if he's denied... then he's back to square zero. If he gets an approval with conditions, he can at least go and he'll have to spend more money to go get permits on septic system drawings and all that. And then just to address something else, and again, I'm not the floodplain administrator for the county. The county actually administers the flood regulations in townships. If you're a city, you get to manage your flood regulations. You can build in the floodplain. You can't build in the floodway. There's a big difference. And you have to take special precautions on that. You have to have, you know, the structure has to have ventilation and things. It's not ventilated, but it's the way water can get in, water can get out. There's a whole bunch of complicated regulations. The county has a floodplain manager that actually looks at those things. I don't doubt that water's gotten up at least as high as Benning Road. I think we may have seen a time or two down there, but it's sort of life on the river, right? So then, you know, with that, the county is going to look at the placement of the septic system. They're going to look at if the septic system, the existing one's deficient. He just said he's adding an extra bedroom, so that changes the game. And so, you know, in that, he's going to have to get approvals on all those things.

So basically, if it's conditional upon... So you've granted them the variance. Yeah, go get all your...

The conditional is go get all this other stuff, and then... Then all the safeguards and the county has to do their job and enforce the flood rights and the public health regulations and the building code.

Yeah, and they can answer our concerns that we have. Correct. Okay.

And we've been in contact with that department. They've been out there and surveyed the situation, so we're in discussions with them now and developing a separate system for that property.

I have no more questions I just I don't think anybody else has any more questions do you I'll tell you what my opinion is if prove it

And then that gives him the opportunity to go get all these permits and address all the other, the neighbor's concerns too, you know, with the height and with the sewer system and you know, the floodplain and all that, that would, that would address that. And it might be to the point where they have to come back, you know, and I agree with Corey saying about the foundation and stuff. They're going to have to go out and, you know, Windsor test or whatever, all that stuff, and hopefully they can get that. But what I'm getting at is that's the only way he can move forward. He's never going to be able to move forward. No one is down there for that matter. I mean, because of the way the children wants to use it, unless they bought the place outright. That's what I think.

I don't want to disregard the concerns of the neighbors. Right.

Okay. I think if we approve it, it has to be with the conditions.

Which I think is what Mr. Wright was alluding to. Well, that's the conditions.

You're going to fall on the building department, Claremont County, and the health department.

Well, that's what I'm getting at.

And there's a good chance that you don't know what's going to happen with that.

Okay.

That's a unique situation to get a septic system for. Mm-hmm. Mm-hmm. Anybody else have any?

But if they did, if he did clear all those.

It doesn't show well with putting a foundation in without a permit to come ask for our variance. Say again? It doesn't show well here in front of us having the foundation in with no permit, right? Yeah, that's, yeah, that's ask for forgiveness kind of thing.

If I might add, I mean, we have the ability, if the board were to find, I mean, that there's been an encroachment, we have the ability to enforce that at the permitting level with that. That if it's found in violation as an encroachment, we can, prior to an action, we can take action at the staff level and deal with that.

Well, I mean, since the neighbors brought this stuff up to our attention in the meeting, I think it's only...

It has to be addressed. And if it's approved, we would address it at the permit level. Correct. If it's denied, we'll address it from the enforcement level.

Correct.

Okay. Excuse me. I didn't fill out a paper.

You can fill one out if you want to speak. We'll open it back up.

Okay.

I don't know if some of the concerns, though, are relative to what we're making the decision upon, though. No. It's not, but I'd like to see them addressed.

Right, but I mean... Well, you can't address them unless he gets a... Well, I mean, I don't necessarily have a problem with what he's doing other than the fact that he did it the cart before the horse, and the fact is that the only way he can get all this other stuff done is it has to either be approved or disapproved or, you know... But no, I, I, I agree with you. I mean, it's, you know, I mean, but as they pointed out in front of us, we have to address, in my opinion, we have to address what they have, but if you just read through this, either approve this or you don't, but then he can't get, I mean, common sense, he ain't going to get anything done.

Okay.

Go to the podium.

I'm now open it back up for discussion of the public. State your name.

Bridget Herring.

Spell your last name.

H-E-R-R-I-N-G. And your address. 1155 Benning Road, Milford, Ohio 45150.

And your phone number.

513-739-4123.

Can I raise your right hand? You saw me swear to testimony. You're about to give us the truth, the whole truth and nothing but the truth. So help you God.

Yeah, I do.

Okay, go ahead. What do you want to say?

So I just wanted to make a couple points. Um, I'm all for cleaning up Benning road. I'm I've been here before with my concerns over some of the things going on on our road. So I would have tried to support Mr. Ross a lot. if I didn't feel like he tried to do it behind everybody's back. Multiple people have brought that property over the years since the Bilby's owned it when we first bought on Binning. But when he bought it, the only thing that people did before him was put a roof on it. They did not any construction inside. Over the winter, when he says he was trying to do it before the weather hit for that, Then it's completely false. They did it when it was freezing cold. And then when we noticed once it got warmer, he was like there was no more work. So it was like he was trying to get it done before... people came to the opinion of, wow, this isn't done. But I think, and I'm not overly educated in this, but when you see septic systems built all throughout Claremont County, they're usually in a mound system or something like that. There is no way to do that. on that piece of property so my only like one of my concerns is i mean he does have two lots but i think he's kind of being greedy he wants to get the most bang for his buck he's not trying to clean up binning road and make a nice little house that's what other people have done the other house on the other side of the white one he fixed up a little house and it's a little house you know so i think People could fix up little houses on Benning Road without trying to come in, make it so much bigger. He's trying to make both of them and make a big profit. He doesn't plan on living there, so the rest of us all do like living on Benning Road. And having what we have there, so it's just kind of like I feel like he's been dishonest in how he kind of did the cart before the horse. And, you know, I would have supported him if he was trying to make it just clean up a property that's been a little bit of a blight, but he's just taken it a little too far. That's all I have.

Any questions from the board? I don't think so. Okay, thank you. Thank you. All right, thank you. Seeing as how I opened it back up, what do you have to say? And you're still under oath. Okay.

I would just like to add that I have lived next door to that property for 43 years. And I know the history next door pretty well. There are no sufficient water there. There is a well. that goes dry, both houses, matter of fact, run into all of that well. You can't flush the toilet and take a shower at the same time. It goes dry. The septic system, both houses ran into the same septic system. And there had been times that it has overflowed. And George, which was my neighbor at the time, when it comes time for the inspections, he wouldn't let anybody use any water, so it didn't run over. So that's two things there. And at the same time, I've been looking out my kitchen windows for 43 years. I am fortunate enough to live by the Cincinnati Nature Center. So I get to see all kinds of wildlife out those windows. If that addition goes up, that's gone. And I think there is such a thing called the view easement. If I'm not mistaken, I've read that someplace. So why can he come in after 43 years and take my view I've been looking at. He's not going to live there. He doesn't care about the view. He's seeing things through dollar signs. I'm seeing it through looking at my neighborhood. It's pretty down there. It's green. It's right on the east fork. I can sit on my front porch, could almost fish in the river. You know what I'm trying to say? It's great down there. So why should I have to give it up after 43 years so he can make a couple of bucks? I mean, that's just not fair. And isn't there such a thing as a view easement? I think I've heard that someplace. You can't just destroy somebody's view that you've had all those years. I believe if you look it up in easements, I believe there is such a thing. Thank you.

Thank you.

All right, one more.

Yes, sir. So my question to all of you is, why don't you pause this and wait for him to address the other issues, the septic system and all the other things, the water, the septic, before you grant him this? Let him get his ducks in a row. Get everything straightened out before you give him permission. Don't abort him for his bad behavior. Make him do his due diligence. That's my question to you.

All right. Did you get caught by the building department? Is that why the construction stopped?

No. No, the construction stopped because I contacted the building department to come down because from talking to Mr. Thomas... We found out that there was a, there's a water issue. So I applied at that time. I had the health department come down. We needed to vacate the existing. Well, that was it. And I applied for a permit for a new will at that time. Uh, I'm sorry, but I forget his name. It's his first name's Paul, Paul Sanders. He came down and we went over the whole process and then he had a medical issue and had to leave for approximately a month. So I had to stop progress completely because I was waiting for a permit. I had to get a permit from him for a new well before I could move forward. So that's what stopped everything down there. We know about the well. We know about the water issue. We're putting in a new well. We're putting in a new septic system. We're spending money to do all this stuff to bring this thing up to what's going to be a beautiful home down there in a very degraded area right now. So we're going through all the right stages. Did we put the foundation in ahead? Absolutely. Do I do it all the time? Yes. Will I have to probably get an engineer to sign off on it? That's what we normally do. If the foundation goes in ahead of a billing permit, then I have to get a an engineer to come in and he will look at it and measure it and test it and he will sign off on it and it goes through to Claremont County. We do it all the time.

So what you're saying is if you didn't need this variance, if there wasn't a need for that, you would be proceeding along as you have in the past on other properties in this same manner. Did I hear you say that right?

You didn't need the water permit, which kind of seems like that started everything.

Well, when I contacted them, yeah. I mean, when I contacted the county about that, and of course when I did, when the health department came down, that's when we talked about, you know, we're going to get a building permit. And that's when, at that time when he came down, the foundation was already selling the end. He goes, you know, you've got to get a building permit. I said, absolutely. You know, let's get started on the water permit. That's going to be the slowest one. And I can't get a well drilling company until the water permit. They won't drill a well until they have permit in hand. So once he was off for a month, and it takes another month to get a permit, I can't even get a driller in there yet. So we just did get that permit last week. So we do have a well permit now, which will be passed on to a well drilling company. But I'm going to hold up on all that now until we get the zoning approved so that we can go to Claremont County who will approve the rest of the project or not. Once again, they're going to have questions that they run into on every issue. So I'm going to have to jump through those hoops. But we've already had that discussion. So I know there's going to be some stuff that we're going to have to work with and there's going to be some engineers involved. You know, we're willing to spend that money to do what we need to do down there to make that thing nice.

Unless I'm mistaken, I asked you when we first got there, if you built that foundation, you told me no, the guy before you built it.

You were talking, I thought you were talking about the house.

Nope, I was talking about the foundation.

Yeah. I didn't realize that. The foundation is mine. We did put that in, absolutely.

Okay, thank you. I believe you can get a septic design approval without having a building permit for that lot. So if you want to continue this, we just table it until he can get the well permit and present it to us and the septic designed for that. They're not going to put a mound on that. It's got to be a hybrid system.

No, there's a multitude of different septic systems we can put on this.

It's probably going to be a discharge system. We can get a design from the county that says it can be done. Let's give him an exception or has to go through.

And again, this is your hearing. I think that that's probably some sage counsel as we continue it. Let him go get the well permit from the county and go get the septic approval from the county for a three-bedroom, two-bathroom. Is it a three-bedroom, two-bathroom? Correct. Go get those. We will then refile, re-advertise the hearing. And before we do it, we'll re-notice it and all of that. I mean, it's the same notice requirement. It goes back in the paper. Everybody, since we send letters back out, it'll be just like starting over, basically. And then that kind of pauses the proceeding. The record doesn't change. There'll be minutes from this meeting in this case. And then when we pick it back up, we'll reopen the hearing. And then the board can hear from the applicant regarding the septic and the well permits and if they were able to address that.

I agree. And then, Corey, he'll be bringing this stuff to you guys, right?

Well, yeah. We'll want him to bring those to us so that we can, before we spend money to advertise it in the paper, that we have something to talk about.

Would it also include the building design or house design?

You know, I'd say that might be premature in that. You know, in my mind, he may want to check with floodplain manager to make sure that, because there's a clause in there, and if I remember correctly, as long as you're modifying 50% or less of the structure, generally get you get a pass on that or it's but it's 50 percent of the value of the structure there's a double part calculation and different floodplain managers consider it differently but i would definitely get something from the floodplain manager too that states that whether or not a 30 by 12 addition you know because again that's the third concern we heard tonight was you know that's in the floodplain well yeah we know it's a floodplain but um That you are allowed to build the floodplain subject certain conditions and you do get some exceptions in that so I think that that's probably you know, it might be beneficial to allow him to go on some more fact-finding and Not maybe not apply for full engineering plans and building plans but to address the three and you know, issues that were presented this evening.

I don't have a problem with that. I just, when he goes in for, like, say, you know, the sewage and the floodplain and that, somewhere in there he's going to have to tell, if they don't have a drawing, he's going to have to tell these people it's a three-bedroom, two-bath.

We have all the drawings. All the drawings and everything has been done. Everything's ready to go to Claremont County for permitting right now. The well permit's done. I can give it to you tonight. Everything's ready for the county. I'm just going to pack it. Okay.

I mean, I think the only other thing is a lot of the things we're talking about this evening are things that are outside of our regulatory purview. And I would, not to caution the board, but I would generally advise to, you know, it's very common that we issue conditions, go comply with all other county permits and agencies of record. That's perfectly acceptable. But I think when we start... moving across the, hey, go make sure you play nice in the sandbox, to we're going to start regulating these things, I think that could be potentially problematic. And that's my professional guidance.

No, you're right.

So really at hand is, is the variance, I think in this particular instance, is the variance request justified and does the lot configuration constitute a hardship on its face as it sits right now? I think that's really for the board's consideration.

Yeah, because just looking at it before any discussion, I already had my motion written out to approve it. because I have no reason based on the things that we regulate to say no. I would not disagree with that.

So... But in light of knowing what we know or heard, should we put these conditions on it that he'll come with this, you know, comes with this? But as Corey pointed out, he's going to have to do that anyway.

Right. So I don't know. I just don't feel the need to stand in the way of something that he's going to find out. If we postpone it, he's going to find out.

I agree.

If we approve it, he's going to find out. Correct. But we're the wrong... forward to address some of these other things. We've got to stay in our lane.

The only hiccup I would argue would be the foundation.

That's the only that falls within our guidelines. And that will be addressed.

And we will address that, and we have the ability to double the fees, and we will double the fees for the addition on that.

And that will be addressed. Yes. I'm going to make a motion. You guys can do what you want with it. I make a motion to approve the applicant's request for a variance of Section 602 of the zoning resolution to allow for the construction of a 12-foot by 30-foot addition to the rear of the existing structure. in the designated side yards based on the evidence, testimony, and finding of fact, which is that it is the only viable placement due to the lot layout and is not to deprive the applicant of reasonable use of the property.

Do I have a second? I'll second that. Roll call.

Mr. Ford? Aye. Mr. McAdams? Aye. Mr. Canberra? Aye. Aye. Mr. Walters? No. And Mr. Yang? No. Motion carried, 3-2.

Okay. Now we're over with. It's done. See that you get with... permit, not you, see that you get all with the permit people and get all your paperwork done. With us. Union Township.

okay second thank you sir i'm going to go ahead and take this one this is uh case 426a this is an application for 4450 eastgate boulevard filed by scott r everett uh appalachian farm products llc of gilbert avenue cincinnati ohio property owner is here tonight where the representative of the representative is of the property owner uh noble family uh actually they're the master lesser of the or less lesser of the facility uh known as the jungle gyms complex So what we have here, everybody knows where this is. It's kind of in the vicinity of Eastgate Square and Clepper Lane. The specific project site is kind of on the Eastgate Square side of the property, not kind of the more like toward Eastgate Boulevard over toward kind of Fuji Steakhouse, that kind of area, by the pavilion in the back. And this will give you a good example of the aerial photograph there, kind of on the eastern side of that. This application seeks to establish a conditional use dual use recreational medical cannabis dispensary that would be licensed and regulated through the Division of Cannabis Control and pursuant to Article 6, Section 662.3 and the modified cap provisions as contained in the updated resolution passed by the Board in March of this year. Uh, so with that, this is our fourth cap license. We are limited to four. This will be it. You'll see, unless one closes falls off or whatever, uh, staff analysis, looking at this, uh, it is compliant with, uh, and with these, uh, following what we've done in the past, we do sort of a punch list analysis on this. It, it literally complies with every provision of that 500 feet from all uses set forth in the section, a hundred feet. It is, there is no residential use around there. Additional screening and buffering exist on the site. The hours of operation will not extend past 9. Newly installed lighting will comply with all elements of dark sky compliance and our lighting code. Affirmatively, they already are located in a joint economic development district, so that is already met in that. The owner and applicant has agreed to the other conditions, and there's one section that's not applicable, and J through L, it meets those requirements. So looking at this, this is a permissible use in the B1 district. It's fully compatible with the Horizon 2030 plan and the recommendations for the Central Retail Corridor. It does not appear to operate in a manner hazardous or injurious to adjacent uses, appears adequately served by public utilities and infrastructure, and it is anticipated to operate in a similar manner as existing permitted cannabis dispensaries, which, as I've noted to the board on several occasions, we literally have no issues. And I would say that this site is so large that if we do have stacking issues, they can very easily be accommodated on this site, and there is an abundance of overflow parking available. So I can think of a few sites more well suited for this in the township. And with that, the board is to enter into a motion. And again, I borrowed some language here. Enter into a motion to approve. As submitted, approve with additional modifications or deny this request. So really approve, approve with some modifications or deny. We did include, you know, eight boilerplate conditions. These are standard conditions. If you remember, deja vu all over again. We did this a couple months ago, and so that's for the board's consideration.

Is that it?

I would, that's all I have. That's all you have. That's all I have. Yes, sir.

Is there anybody here to speak in favor of this proposal? Come on up. State your name. Yes, sir. My name is Scott Everett. Spell your last name.

E-V-E-R-E-T-T. And your address? It's 3090 Williams Creek Drive in Cincinnati, Ohio, 45244.

And your phone number?

Area code 312-316-8700. Raise your right hand.

You solemnly swear the testimony you're about to give is the truth, the whole truth, and nothing but the truth. So help you God. I do. Okay, go ahead.

Good evening. My name, again, is Scott Everett. I'm the general counsel to VEX Science. We're a publicly traded company on the Canadian Stock Exchange. We have been in this business for close to 15 years now. We have operations in Arizona. Our corporate team is based in Phoenix, but I live here in Cincinnati, as I mentioned. I had quite a history with the cannabis industry. I worked with these guys for the last few years to help develop sites throughout the state of Ohio. The company has a cultivation manufacturing facility in Jackson that employs 120 people. We also have a dispensary there, Athens, Portsmouth, Jeffersonville, Columbus. And then we just opened our most recent store, which is our sixth location in Fairfield, adjacent to the Jungle Jim's location there. So we've had the good fortune to develop a great relationship with these folks, and we're just looking to expand on it. partner with Union Township and continue our business. I've had the opportunity to review the staff letter and the conditions set forth therein, and we're prepared to comply with them.

Questions more? No. Okay, thank you. Does anybody else speak in favor of it? State your name.

Phil Adams. Spell your last name. A-D-A-M-S. And your address. 17 Landis, Ross, Ohio. And your phone number. 513-519-5011.

Raise your right hand. You solemnly swear to tell the truth, the whole truth, and nothing but the truth. So how have you got it?

I do.

Go ahead.

I'm just here in support. They are a tenant at Fairfield. We had a long relationship with them. It took us a long time to understand them. the cannabis industry and went through quite a few. We vetted quite a few of the companies out and very comfortable with these guys. And here to answer any questions, I did a lot of the drawings myself. We were very understanding of where we wanted to place it and make sure, you know, we didn't want to put it on the corner. So there's some people that for good or bad.

Okay. Any questions from the board? Okay, thank you. You're welcome. Anybody else will speak in favor of it? Is there anybody speak against it? Hearing none, we'll end the testimony of the public and discussion of the board.

I have no issue with that.

It seems like it's all in order.

Waiting for a motion.

Did somebody say that the time... The constraints are in the new language.

They're not proposing any. The only reason that was an issue in the last one was because he asked for extended drive-through hours. They're not proposing any. It's still 9 o'clock. It's in the record. And the state actually regulates the opening time. Correct.

Ready for a motion.

Okay, I'll make a motion. Good job. All right, bear with me. It says in accordance with section 444, three of the zoning resolution, the Board of Zoning Appeals is to approve as submitted with the additional modifications of this conditional application and applicant presented tonight in Union Township Case 4-26-A.

There aren't any additional modifications. What you meant to say was... I MAKE A MOTION TO APPROVE. ADDITIONAL CONDITIONS.

THAT WOULD BE ONE THROUGH EIGHT.

YEAH, ONE THROUGH EIGHT. GOT YOU, GOT YOU. SORRY. SORRY.

ANYWAY. DID YOU ADD THAT ONE THROUGH EIGHT?

YES.

OKAY.

ROLL CALL. Do we have a second?

We need a second. Who made the motion? Who made the second? He made the motion. We still need a second. You still need a second?

No. I was helping him with his motion. Mr. Kangaroo had a second. Roll call, Mr. Adams.

McAdams. Yes. Sorry.

Mr. Kangaroo. Aye. Yes. Mr. Ford. Nay. Mr. Walker. Aye. Mr. J. Aye. Motion carried.

Okay, is there anything else to come before this board this evening? Sir, I don't have any more business for the board. Mr. Flaude, do you have any more business for the board this evening? I do not. That's it.

Hearing none, I have a motion to adjourn.

I'll make a motion to adjourn.

And a second. I'll second. All in favor? Aye. We are adjourned.

Thanks, everybody.

Thank you very much.