Board of Zoning Appeals - Regular Meeting

I'd like to call to order the Fischer Board of Zoning Appeals special meeting for March 4, 2026. I'd ask you to please rise with me and recite our pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Secretary, would you call the role, please? Mr. Faruchi, here. Mr. Ginslade. Mr. Sylvie, here. Mr. Stevenson

here. Mr. Lannon, we have three members. We do have quorum. We have a quorum to conduct tonight's business. Uh the first order of business on our agenda is approval of the previous minutes. I understand that we approved them last week, but we subsequently found a typo. So, we will need to add the addition of the approval update and reapproval of the January minutes. Um the updated copies are on your desk. um as well as approving this past February meetings minutes. Okay. So, uh our February minutes, we won't

visit until the end of the month. So, this is our January minutes. We had a a correction on the January minutes. Apparently, uh on one of the matters, it said it had been approved 3 to two and in two separate sections and it should have said denied 23, approved 32. Correct. on the uh columbarium for Christ the Savior which is VA25-28. So BA25-27 was the one there.

27. Okay, thank you. VA 2527 2528 I guess they were treated in the same petition. So any other um suggestions, comments, revisions? Do we have a motion to approve? I'll make a motion to approve the revised minutes. I'll second. All in favor? I. Okay. So, they've been approved and we're now square for the January minutes.

Our first public hearing is case number VA25-30 today and previous surface address 10747 G code way. Our petitioner is Stefan Lupkkey on behalf of Steve and Jennifer Heday. Understand Mr. Lupkkey is not here. Is that right? So, uh, Mr. Hide, are you going to present yourself? Great. Could you approach the podium, sir? State your name and, uh, and your address, please.

Yeah. My name is JD Durst, and I'm with BPI Outdoor Living as well. Okay. So, thank you guys for I know you made some special occasions, circumstances to hear this, so thank you. Um, so basically, I'm going to speak for um, Jennifer and Steve Heday to talk about their project. They asked us to design um an outdoor living space in their backyard, including a pool and a pool deck and some landscaping. Um I've got the slides. I hope you guys have gotten these from Stephan in advance. Um currently there is nothing in their backyard other than green lawn space. They do have some deck spacing um that's attached to the home, but there's nothing um in the green space at all currently. Um when we started the design, we became aware of the fact that the that we'd be going over I think the green space uh coverage aotment. And so we reached out to the city to ask some questions about that and we were told that um that there had been some precedent to go up to 55% green space coverage in the past. So working with the days we basically put together a plan um that's in front of you along with the calculations to kind of give you some background here. Um, as you can see, the rudimentary drawing is basically the pool, um, which is a 16x40 fiberglass swimming pool, uh, paper pool deck, and, uh, a small retaining wall to for the elevation grade. Um, we did kind of massage it out to stay within that 55% and hit it right on right on the nose there. So, there is less pool deck probably than what they would prefer, but we wanted to respect what we were told, uh, by by the city. So, um, those are the coverages there that you can kind of see. Um, and just some examples that we threw in based on uh what we were told within about a mile radius of of the day's home are about eight examples or so um of of previous projects that have up to that 55% coverage um that was allotted approved in the past. So um happy to answer any of the questions that I might know the answers to. Wanted to kind of keep respect your time and keep it short and brief, but certainly happy to talk to that. Um and I know Mr. Day would like to talk a little bit about a couple things too as well if you guys have any

questions for me.

Sure. We'll hear from Mr. Thank you. Appreciate your time here today. Um, basically just wanted to elaborate on the reasoning behind it. We are just looking for an outdoor space other than decks where we can entertain family and friends and be able to enjoy the outdoors and um just want to be able to have comfort outside in the sun. Um so it's basically just to uh realize that ambition is what we were looking to do and that's basically you know the amount of it there. I just appreciate your time and availability today.

Thank you. Thank you sir. At this time we're going to hear from staff. Staff. Good evening. Grace Wy, planner for the city of Fisers. Item before you today is a request for a development standards variance from section 3.2.3.B.5B B.5B of the city's UDO to allow an imperous surface coverage of 55% the installation of approximately 1,200 square ft of pavers around a pool. 10747 Gist Cove Way is located in the Springs of Cambridge neighborhood adjacent to the Gist Reservoir and near the intersection of Olio Road and 104th Street. Property is zoned R2 and is regulated by the city's UDO. Property is surrounded on two sides by Gist Reservoir. The area to the south is zoned R2 residential and the area to the north is zoned PUDM mixed use. Fischer's 2040 comprehensive plan designates this site as suburban residential. The proposed site plan is shown here. There will be approximately 1,200 square ft of pavers added around the proposed pool. This area is highlighted in yellow. The existing home and paved area add up to approximately 51% impervious surface coverage. Uh I believe in the petitioner's presentation they said 47% there may be some difference in the plans that we're working from but uh the byite impervious service coverage permitted in the UDO for this area is 50%. In August of 2019, the board heard and approved a request for this property to allow 51% impervious surface coverage. That variance was sought by the previous homeowners, not the Hedayes, to build the current primary structure.

No public comments have been received on this item. Staff has no recommendation of this request to the board of zoning appeals. Should the board approve this petition, staff recommends it is done with the following condition. The approval letter and related documentation be recorded on the property with the Hamilton County Reporters Office. Staff is available for questions. Thank you. Members of the board, do we have any member uh questions for staff or for the petitioner? I don't. No.

At this time, I'll open the public hearing. If anyone is here from the public to speak to this petition, please raise your hand. Seeing no hands raised, I'll close the public hearing and entertain a motion for this petition. I'll make a motion to approve um the petition um subject to the approval letter and related documentation be recorded on the property with the Hamilton County Recorders Office. We have a motion. Do we have a second? I'll second. We have a motion in a second. Secretary Mr. Sylvie. Yes, Mr. Stevenson. Yes, Mr. Fuuchi.

Yes. Motion passes. Thank you for your patience, folks. Thank you for coming back this week. Your petition has been granted. Thank you. At this time, we'll move on to any old business. No old business. Any new business? No new business. Okay. I'll close the special meeting of the Fischers Board of Zoning Appeals for Wednesday, March 4th, 2026.