WEBVTT 00:00:01.730 --> 00:00:10.275 - Okay, we'll call the order of the meeting of the Electoral Board of Zoning Appeals for October 14th 00:00:10.275 --> 00:00:19.076 - of 2026. Caleb with Julius and the Pledge of Allegiance. I pledge allegiance to the flag of the United 00:00:19.076 --> 00:00:28.220 - States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty 00:00:28.220 --> 00:00:30.014 - and justice for all. 00:00:32.898 --> 00:00:42.462 - Roll call please. David Drake. Here. Travis Conyer. Here. Pat Wieselowski. Here. Caleb Plummer. Here. 00:00:42.462 --> 00:00:52.026 - Matt Siebaugh. Here. The first item on our agenda is approval of the minutes for our meeting for June 00:00:52.026 --> 00:01:02.622 - 10th, 26th. So moved. Seconded. Second. We have a motion and a second. All those in favor say aye. Aye. Opposed? 00:01:03.202 --> 00:01:12.655 - Motion carries. Does anyone have a conflict of interest with any of the items on our agenda this evening? 00:01:12.655 --> 00:01:21.930 - Hearing none, we have no old business, new business. There's nobody here to care about that, but I will 00:01:21.930 --> 00:01:31.294 - make it for the record and get the BZA 26-7 petition involving the home business in a residential zoning 00:01:31.426 --> 00:01:38.724 - at 4504 North Triple Crown Drive has been withdrawn. So the only item on our agenda for this evening 00:01:38.724 --> 00:01:45.951 - is a petition for a variance from development standards to allow a six foot fence in the front yard 00:01:45.951 --> 00:01:53.321 - along the corner of West Justice Avenue and North Loudoun Road. Location is 7548 West Justice Avenue. 00:01:53.321 --> 00:01:56.862 - Petitioner is Erin Taylor, case number BZA 26-6. 00:01:57.186 --> 00:02:04.452 - On the agenda tonight, petitioner Aaron Taylor is requesting a variance from development standards to 00:02:04.452 --> 00:02:12.003 - allow a six foot fence in the front yard setback along the corner of West Justice Avenue and North Loudon 00:02:12.003 --> 00:02:19.268 - Road, subject parcels located at 7548 West Justice Avenue. The parcel is a corner lot pursuant to the 00:02:19.268 --> 00:02:25.822 - Unified Development Ordinance. Corner lots have two front yards, a primary and a secondary. 00:02:26.626 --> 00:02:33.570 - The UDO requires fences along the road frontage to have a maximum height of four feet. The proposed 00:02:33.570 --> 00:02:40.584 - fence will be located approximately 30 feet from the middle of the street. Originally, the fence was 00:02:40.584 --> 00:02:47.528 - to be located 25 feet from the middle of the street and the petitioner increased it to 30 feet from 00:02:47.528 --> 00:02:54.750 - the middle at the planning department's request, so we appreciated that. The petitioner has large dogs. 00:02:55.234 --> 00:03:02.991 - capable of jumping a four-foot fence. In all actions on variance requests, the Borazanian Appeals shows 00:03:02.991 --> 00:03:10.599 - the following decision criteria. One, general welfare, the approval of the variances from development 00:03:10.599 --> 00:03:18.654 - standards will not be injurious to the public health, safety, morals, and general welfare of the community. 00:03:19.042 --> 00:03:25.559 - Staff finding approval would not cause any significant problems in relation to public health and safety. 00:03:25.559 --> 00:03:31.952 - Two, adjacent property, the use or value of the area adjacent to the property included in the variance 00:03:31.952 --> 00:03:38.407 - will not be affected in a substantially adverse manner. Staff finding the development standard variance 00:03:38.407 --> 00:03:42.814 - will not affect adjacent properties in a substantially adverse manner. 00:03:44.226 --> 00:03:50.743 - Practical difficulty, the strict application of the terms of the zoning ordinance will result in the 00:03:50.743 --> 00:03:57.454 - practical difficulties in the use of the property. The petitioners need to contain their dog's conflict 00:03:57.454 --> 00:04:04.100 - with the height restriction applicable to a fence and side yard of a corner lot. Four, compliance with 00:04:04.100 --> 00:04:11.198 - comprehensive plan. The variance request is substantially in compliance with the existing comprehensive plan. 00:04:11.938 --> 00:04:19.097 - Staff finding the subject parcels located in prominence fields, phase one. Petitioners providing a safe 00:04:19.097 --> 00:04:26.256 - area for when pedestrians walk near their property. Five, financial hardship. The need for the variance 00:04:26.256 --> 00:04:33.277 - does arise from some condition peculiar to the property involved. While corner lot is not peculiar to 00:04:33.277 --> 00:04:34.654 - the subject parcel, 00:04:35.074 --> 00:04:42.356 - A financial hardship is created when requesting a variance to allow six foot fence along the secondary 00:04:42.356 --> 00:04:49.638 - front yard. Compliance with other town codes. The variance request is substantially in compliance with 00:04:49.638 --> 00:04:56.921 - other town codes. Staff finding the property is currently in compliance with all other town codes. And 00:04:56.921 --> 00:05:02.718 - I want you to know that I allowed the petitioner to go ahead and put up the fence 00:05:03.458 --> 00:05:11.165 - Originally, this petition was to come before you in September. And there was an email confusion. And 00:05:11.165 --> 00:05:18.795 - she had made arrangements for the fence to go up after she would have attended the BZA meeting. And 00:05:18.795 --> 00:05:26.807 - she had it all planned. And her son, she's having a birthday party I think September 24th for her little 00:05:26.807 --> 00:05:32.606 - boy. And there was going to be other children. And she wanted the fence up. 00:05:33.410 --> 00:05:41.149 - So we talked about it and I let her go ahead and put it up with the understanding if you rolled against 00:05:41.149 --> 00:05:48.666 - her, she would have to bring that side yard fence down to four feet and she was fine with it and she 00:05:48.666 --> 00:05:56.331 - has paid for the building permit. The Board of Zoning Appeals action shall be in the form of approval, 00:05:56.331 --> 00:06:00.126 - approval with conditions, denial or a continuance. 00:06:00.738 --> 00:06:07.462 - The Board of Zoning Appeals takes final action on all variance petitions. Staff recommendation, the 00:06:07.462 --> 00:06:14.186 - purpose of the variance is to provide relief in situations where the land or other condition offers 00:06:14.186 --> 00:06:21.582 - resistance to meeting a particular zoning regulation through no fault of the occupant of the land. Therefore, 00:06:21.582 --> 00:06:27.902 - based on the above criteria, it is the staff opinion that the variance meets all requirements 00:06:28.322 --> 00:06:36.298 - and criteria and therefore recommends approval of the variance request. The board may approve the variance 00:06:36.298 --> 00:06:43.828 - if after testimony and discussion it finds that the request meet all six of the stated requirements. 00:06:43.828 --> 00:06:51.580 - If the board denies a variance it shall state which requirements have not been met. So this is location 00:06:51.580 --> 00:06:57.246 - and then there's the fence pictures of the fence already up and this is the 00:06:57.538 --> 00:07:06.582 - The top one is the one that would have needed a four foot fence on that side. And so I allowed to go 00:07:06.582 --> 00:07:15.627 - ahead and put up with six foot. I wondered when I saw the picture how you put that fence on there to 00:07:15.627 --> 00:07:25.029 - make it look like it was already there. And there's some more of the fence in its entirety. But I assume 00:07:25.029 --> 00:07:26.910 - the neighbor on that 00:07:28.098 --> 00:07:36.235 - East side didn't complain. I've not heard from anybody regarding this petition. I see they have some 00:07:36.235 --> 00:07:44.453 - type of offense. There in their yard. So my only concern was I wasn't sure I didn't figure that ready 00:07:44.453 --> 00:07:52.509 - to do this, but I wasn't sure that I didn't really think it was a good idea to put a six foot fence 00:07:52.509 --> 00:07:57.182 - all the way down the property line all the way around the 00:07:57.698 --> 00:08:05.778 - The building and I see that didn't that didn't happen. Yeah. Does anybody have any questions for Denise? 00:08:05.778 --> 00:08:13.782 - Petitions here any questions or anything you want to say or you just want to answer questions you asked 00:08:13.782 --> 00:08:21.631 - about my neighbor next door? He said he didn't care. He said he could come to me if we needed him to, 00:08:21.631 --> 00:08:27.326 - but I didn't know we did it. Anybody have any questions? No, I have none. 00:08:27.522 --> 00:08:36.181 - a motion that we approve the petition for a variance from development standards to allow a six-foot 00:08:36.181 --> 00:08:45.100 - fence as shown at 7548 West Justice Avenue, case number BZA 26-6. I'll second. We have a motion to the 00:08:45.100 --> 00:08:54.106 - second roll call, please. K.D. Drake. Yes. Travis Croninger. Yes. Caleb Plumlin. Yes. Matt Seabal. Yes. 00:08:54.106 --> 00:08:57.310 - Katliss Lawski. Yes. Motion carries. 00:08:59.170 --> 00:09:09.535 - Thank you. And may have a BZA case on November 18. Probably the one that was next on the agenda for 00:09:09.535 --> 00:09:20.003 - tonight will return to you. OK. And other than that, that's all the new business I have at this time 00:09:20.003 --> 00:09:28.606 - for November. Privilege of the floor? I don't see any floor to have privilege, so. 00:09:28.770 --> 00:09:34.974 - Do we have any comments from the board? Seeing none, we're adjourned.