[00:00:01]
THINK WE'RE READY TO ROLL.WE GOT HERE IN THE CHEAP SEATS NOW.
[1. CALL TO ORDER – 5:30 PM]
GOOD AFTERNOON EVERYBODY.WE'RE GONNA CALL TO ORDER NOW.
[2. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED REGULAR MEMBER JOSH SURLEY AND ALTERNATE MEMBERS MELANIE BOSTIC AND CARISSA DAVIS]
TODAY WE'LL BE, UH, ADMINISTERING OATH OF OFFICE TO TWO NEWLY APPOINTED, UH, ALTERNATE MEMBERS, AS WELL AS APPOINTING A FORMER ALTERNATE, FORMER ALTERNATE, UH, JOSH TO A, UH, A MEMBER, A REGULAR MEMBER OF THE BOARD.SO I GUESS I WOULD WANNA DO THAT FIRST.
SO, UM, JOSH SURLY, MELANIE BOSTIC AND CARISSA DAVIS.
UH, WELCOME, UM, CARISSA AND MELANIE TO THE BOARD.
AND, UH, YES, JOSH, UH, WAS AN ALTERNATE MEMBER AND NOW IS MOVED TO REGULAR MEMBER.
SO IF YOU COULD RAISE YOUR RIGHT HAND AND REPEAT AFTER ME.
YOU SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE.
I, I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE.
THE DUTIES, THE DUTIES OF THE OFFICE OF BOARD MEMBER ZONING, BOARD OF ADJUSTMENT AND APPEALS, A BOARD MEMBER ZONING BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF BERNIE.
AND WILL TO THE BEST OF MY ABILITY AND, AND WILL THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND, PRESERVE, PRESERVE, PROTECT, AND DEFEND AND DEFEND THE CONSTITUTION AND LAWS, CONSTITUTION AND LAWS OF THE UNITED STATES.
OF THE UNITED OF THE UNITED STATES, UNITED AND OF THE STATE, THE STATES.
AND NEXT THROUGH, UH, WE JUST ASK THE BOARD MEMBERS, UH, IF THERE IS A CONFLICT OF INTEREST WITH, UH, ANYTHING THAT WE'RE GONNA TALK ABOUT TODAY.
THIS IS YOUR OPPORTUNITY TO GO? NOPE.
[4. DESIGNATE VOTING MEMBERS]
GO AHEAD AND I WILL DESIGNATE, UM, UH, MELANIE, UH, BOSTIC IS THE, THE VOTING MEMBER.UM, HOPEFULLY IN THE NEXT FEW YEARS, WE'LL GATHER TO HEAR TOGETHER AGAIN, AND IT WILL BE YOUR TURN THAT WE HAVE
WE'RE NOT EXACTLY MEETING EVERY, EVERY MONTH NOW.
[5. APPROVE MINUTES OF AUGUST 21, 2024]
APPROVING, UH, THE MINUTES.UM, I, I WOULD LIKE TO ADD TO THE MINUTES, UM, I THINK IT'S IMPORTANT, UM, THAT I FORGET THE GENTLEMAN'S NAME, UH, BUT WHEN ASKED ABOUT THE LANDSCAPING AND, AND EVERYTHING THAT WAS GONNA GO ON, UH, I BELIEVE THE GENTLEMAN SAID MULTIPLE TIMES THAT I'VE GONE BACK AND THERE WOULD BE NO TREES TAKEN DOWN.
AND, UH, I'D JUST LIKE THAT ENTERED INTO THE, THE RECORD.
AND SO YOU'RE SAYING THERE NO TREES WERE TAKEN DOWN.
HE SAID THAT NO TREES WOULD BE TAKEN DOWN SEVERAL TIMES.
THERE WAS ONE TIME WHERE HE WAS TALKING ABOUT IN FRONT, AND THAT IF THERE, THERE MIGHT BE NEEDED TO BE TAKEN DOWN ONLY IF THERE WAS LIKE A WATER MAIN THAT NEEDED TO HAPPEN.
AND I JUST WANNA MAKE SURE THOSE ARE, THOSE ARE ENTERED.
AND WITH THOSE BEING ENTERED, UM, I'M GONNA CALL FOR APPROVAL OR DISAPPROVAL OF THE MINUTES.
I'LL MAKE A MOTION TO APPROVE THE MINUTES.
ALRIGHT, IT'S, THE NOTES HAVE BEEN AMENDED AND APPROVED.
UH, THE NEXT SPOT, UH, THIS IS ACTUALLY OPEN TO EVERYBODY.
UM, THIS IS THE OPPORTUNITY FOR VISITORS AND GUESTS, UH, TO, TO ADDRESS US THE ZONING BOARD OF ADJUSTMENTS AND APPEALS ON ANY ISSUE.
UM, IN COMPLIANCE WITH GOVERNMENT CODE SECTION 5 5 1 0 0 7, UH, THE ZONING BOARD OF ADJUSTMENTS AND APPEALS MAY NOT DISCUSS ANY PRESENT ISSUE, NOR MAY TAKE ANY ACTION ON ANY ISSUE BEING PRESENTED AT THIS TIME.
BUT IF THERE'S ANYBODY OUT THERE THAT WOULD LIKE TO COME FORWARD AND TALK ABOUT WHATEVER THEY WOULD LIKE TO TALK ABOUT, THIS IS YOUR OPPORTUNITY.
[Receive comments on Variance No. 25-01, Irons & Grahams Addition, Lot 185A, (405 Lott St.).]
WELL, THE PUBLIC HEARING IS NOW OPEN, UH, TO RECEIVE COMMENTS ON VARIANCE 25 0 1 IRONS AND GRAHAMS EDITION LOT 180 5, A 4 0 5 LOT STREET.SO IF THE CITY WOULD LIKE TO COME FORWARD AND GOOD EVENING.
I'M A MEMBER OF THE PLANNING DEPARTMENT HERE AT THE CITY, AND I'LL BE PRESENTING THIS ITEM TODAY.
[00:05:01]
UH, WE'RE GONNA LOOK AT SOME OF THE BACKGROUND OF THE PROPERTY.THE APPLICANT SLASH OWNER SCOTT MILLER.
UM, THE PROPERTY IS 0.212 ACRES.
IT IS OWNED R TWO M AND IS ADDRESSED AS 4 0 5 LOT STREET.
THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW FOR AN EIGHT FOOT FENCE IN THE REAR AND SIDE YARDS OF THIS PROPERTY.
THIS IS AN AERIAL VIEW MAP WITH THE SUBJECT PROPERTY SHOWN IN YELLOW.
IN REGARD TO CITIZEN INPUT, UH, 67 NOTIFICATIONS WERE MAILED TO PROPERTIES WITHIN 500 FEET OF THE SUBJECT PROPERTY.
UH, AND THIS WAS NOTICED IN THE BERNIE STAR.
WE RECEIVED 11 WRITTEN RESPONSES IN FAVOR.
THE VARIANCE REQUEST IS IN RELATION TO UDC SECTION FOUR DASH FOUR B2, WHICH STATES THAT NO FENCE OR WALL OTHER THAN THE WALL OF A A PERMITTED STRUCTURE SHALL BE ERECTED OR ALTERED IN ANY SIDE OR REAR YARD TO EXCEED A HEIGHT OF SIX FEET.
UNLESS A HIGHER FENCE FOR SCREENING OR SECURITY PURPOSES IS REQUIRED BY THE CITY, THE FENCE ABUTS A COLLECTOR OR HIGHER ORDER STREET.
THE GROUND FLOOR ELEVATION OF THE PRINCIPAL DWELLING ON AN ABUTTING LOT IS AT LEAST FOUR FEET HIGHER THAN THE ELEVATION AT THE ABUTTING LOT LINE, OR THE FENCE IS A SOUND WALL OR FENCE REQUIRED BY THE STATE DEPARTMENT OF TRANSPORTATION.
THE SUBJECT PROPERTY DOES NOT MEET ANY OF THE CRITERIA.
UH, HOWEVER, IT DOES PARTIALLY MEET B AS THE PROPERTY AND A PORTION OF THE PROPOSED FENCE FRONT AND ALLEY, NOT THE REQUIRED COLLECTOR OR HIGHER ORDER STREET.
UH, THIS MAP SHOWS THE SUBJECT PROPERTY OUTLINED IN RED, UH, WITH THE BLUE LINE BEING THE PROPOSED AREA FOR THE EIGHT FOOT FENCE AND THE YELLOW LINE SHOWING, UM, THE PROPOSED FENCE THAT ABUTS OR THAT FRONTS THE ALLEY.
THIS MAP SHOWS THE SUBJECT PROPERTY IN RELATION TO OTHER NEARBY PROPERTY THAT HAVE FENCES TALLER THAN SIX FEET.
WE'RE GOING TO SHOW THESE FENCES IN THE FOLLOWING SLIDES.
UM, IT'S IMPORTANT TO NOTE THAT FOR THESE FENCES, THEY WERE PERMITTED PRE UDC AND WERE ALLOWED BY RIGHT AT THE TIME THEY WERE PERMITTED.
THESE ARE THE FIRST OF FOUR IMAGES.
SO THE IMAGE ON THE LEFT SHOWS THE FENCE ALONG THE ALLEY AT 4 0 7 OH GRADY STREET.
THIS FENCE IS APPROXIMATELY SEVEN FEET TALL.
THE IMAGE ON THE RIGHT SHOWS THE FENCE ALONG THE ALLEY AT THREE 10 WEST TYSON STREET.
THIS FENCE IS APPROXIMATELY EIGHT FEET TALL.
THE IMAGE ON THE LEFT ON THIS SLIDE SHOWS THE FENCE ON THE ALLEY AT 4 0 3 O'GRADY STREET.
THIS FENCE IS APPROXIMATELY SEVEN AND A HALF FEET TALL, AND THE IMAGE ON THE RIGHT SHOWS THE FENCE ON THE ALLEY AT 5 0 5 O'GRADY STREET.
THIS FENCE IS APPROXIMATELY EIGHT FEET TALL.
THESE TWO PHOTOS SHOW THE LOCATION OF A NEIGHBORING PROPERTIES RV RECREATIONAL VEHICLE.
THIS RV IS PARKED ALONG A SHARED LOT LINE AND IS IT IS COMPLIANT WITH CITY CODE AND ITS LOCATION.
UH, THE LOCATION OF THE RV IS ONE OF THE REASONS THE APPLICANT HAS PROPOSED A VARIANCE FOR A FENCE HEIGHT ON THEIR PROPERTY IS THEY WOULD LIKE TO FURTHER SHIELD THE VIEW OF THIS RV FROM THEIR PROPERTY.
UM, THE CURRENT FENCE SHOWN, SHOWN IN THIS PICTURE IS ABOUT APPROXIMATELY FIVE FEET TALL.
UM, WE'LL NOW GO OVER TO THE FINDINGS OF FACT.
UH, THE FIRST IS UNNECESSARY HARDSHIP, INCLUDING FINANCIAL HARDSHIP.
THE SUBJECT PROPERTY DOES NOT APPEAR TO MEET FINANCIAL HARDSHIP STIPULATIONS.
IN ADDITION, THE PROPOSED FENCE DOES NOT FULLY MEET ANY OF THE FOUR EXEMPTIONS IN THE UDC.
HOWEVER, A PORTION OF THE PROPOSED FENCE DOES FRONT AN ALLEY.
THE SECOND IS NO CHANGE IN USE.
THE VARIANCE WILL NOT AUTHORIZE THE USE OTHER THAN THE USES THE ZONING DISTRICT ALREADY ALLOWS.
THE THIRD IS UNIQUE CIRCUMSTANCES RELATED TO THE PROPERTY AND GENERAL CONDITIONS.
THERE APPEARS NOT TO BE A UNIQUE CIRCUMSTANCE OF THE SUBJECT PROPERTY, UH, IN RELATION TO GENERAL CONDITIONS.
OTHER PROPERTIES THAT FRONT THE ALLEY BETWEEN LOT STREET AND HERB STREET HAVE FENCES RANGING FROM SIX AND A HALF TO EIGHT FEET TALL.
THE FOURTH FINDING IS, DOES NOT WEAKEN THE GENERAL PURPOSE OF ORDINANCE AND ESSENTIAL CHARACTER OF THE DISTRICT.
THIS FENCE WILL NOT ALTER THE CHARACTER OF THE DISTRICT AS THE SURROUNDING PROPERTIES HAVE FENCES ABOVE SIX FEET TALL.
THE FIFTH FINDING IS NO ADVERSE IMPACT ON PUBLIC HEALTH, WELFARE AND SAFETY.
THE PROPOSED FENCE COULD NEGATIVELY IMPACT ACCESS TO SUNLIGHT AND WIND FOR ADJACENT LOTS TO PRESERVE SAFETY FENCES EIGHT FEET AND TALLER REQUIRED ENGINEERED PLANS WITH THE CITY STAFF RECOMMENDS THE ZONING BOARD OF ADJUSTMENTS HOLD THE PUBLIC HEARING AND DETERMINE IF THE CRITERIA FOR A VARIANCE HAVE BEEN MET AND APPROVE OR DENY THE VARIANCE REQUEST FROM SCOTT AND JESSICA MILLER REQUESTING A VARIANCE TO THE CITY OF BERNIE UDC CHAPTER FOUR, SECTION 4.4 B TO ALLOW FOR AN EIGHT FOOT FENCE ALONG THE SIDE AND REAR OF THE PROPERTY, RATHER THAN A REQUIRED SIX FOOT FENCE FOR THE IRONS AND GRAHAM ADDITION LOT 1 8 5 A 4 0 5 LOT
[00:10:01]
STREET.UH, WITH THAT, I WILL YIELD TO THE BOARD WITH THESE MOTIONS FOR CONSIDERATION AS WELL AS FOR ANY QUESTIONS.
ARE THERE ANY, UH, I MEAN, IT'S, IT'S NEXT TO A COLLECTOR ROAD, RIGHT? IT'S, IT'S, IT'S ADJACENT TO IT.
SO, I MEAN, THAT DOESN'T MEAN THAT IT'S ON THE 'CAUSE.
THE, IS THE, IS THE ALLEY THE COLLECTOR, LET ME GO BACK TO OUR, YEAH, LET ME, ONE OF OUR, AND MAYBE A DEFINITION OF COLLECTOR VERSUS YEAH.
WHAT'S THE, WHAT IS THE DEFINITION OR COLLECTOR WHERE SOMEBODY IS COLLECTING IT? IT, UH, I'M NOT RISK MANAGEMENT OR
I, I'M NOT SURE ON THE EXACT DEFINITION.
UM, IT IS PART OF HOW WE ORGANIZE STREETS.
AND SO WE HAVE ARTERIALS COLLECTORS, CITY STREETS, UM, YOU CAN SEE, SO THE ALLEY IS MY NOTES.
IS THIS HERE AND THEN, AND THAT'S THE COLLECTOR.
SO IS THERE A COLLECTOR HERE? NO, THERE IS NOT.
SO I, I I MISUNDERSTOOD A STATEMENT.
UH, THE NEXT QUESTION I HAD WAS, UM, AT, AT ANY TIME THESE OTHER FENCES THAT ARE SEVEN FEET TO EIGHT FEET, I THINK I ONLY SAW ONE THAT WASN'T, UH, PRETTY OLD.
SO, I MEAN, WHEN THEY, WHEN THEY HAVE TO REDO THEIR FENCE, WHICH IT'S A NICER NEIGHBORHOOD, THEY'RE GONNA BE REDOING THEM.
UH, FROM WHAT I, IN MY EXPERIENCE, THEY'RE NOT ALLOWED TO PUT UP ANOTHER EIGHT FOOT FENCE.
THEY WOULD HAVE TO PUT UP A SIX FOOT FENCE IN ORDER WITH THE, UH, FOR THE UDC, I BELIEVE IF THEY REPLACE THE WHOLE FENCE, I, I BELIEVE THERE'S A STIPULATION THAT YOU CAN REPAIR CERTAIN AMOUNT, CERTAIN PERCENTAGE OF A FENCE AT ONE TIME.
WELL, YEAH, YOU CAN, YOU CAN DO THAT.
BUT IF YOU'RE REPLACING THE FENCE THERE, THEY CAN'T REPLACE IT WITH ANOTHER EIGHT FOOT FENCE.
THEY'RE GONNA HAVE TO REPLACE IT WITH A SIX FOOT FENCE, CORRECT? I BELIEVE SO, YES.
YEAH, THAT'S, THAT IS THE, THAT IS THE RULE.
I DON'T, I, I WOULD'VE TO DEFER TO THE PLANNING DEPARTMENT.
I'M, I'M NOT SURE ABOUT THAT RULE.
WE COULD, UH, WE COULD CALL THAT FRANKIE MIGHT KNOW THERE.
HI, I'M FRANKIE LINDA, THE ASSISTANT PLANNING DIRECTOR.
UH, IF THEY WERE REPLACING THE FENCE, THEY WOULD BE HELD TO THE SIX FOOT STANDARD.
ANYTHING ABOVE THE SIX FOOT WOULD REQUIRE A VARIANCE FROM THIS BOARD.
UM, FOR ANYWHERE ON THIS SITE.
UH, THERE ARE NO COLLECTORS IN THIS NEIGHBORHOOD.
COLLECTORS ARE GONNA BE LARGER THOROUGHFARES.
UM, SO THE STREETS AROUND HERE IN THE FLATS IN ANY NEIGHBORHOOD, WE CALL THOSE OUR LOCAL NEIGHBORHOOD STREETS.
UM, UH, THE CODE THAT BEN CALLED OUT HERE, UHHUH
SO IF THEY QUALIFIED FOR ANY OF THESE EXCEPTIONS, WE WOULD HAVE BEEN ABLE TO GRANT THEM A WAIVER WITHOUT COMING BEFORE YOU.
SO IT'S BECAUSE THEY DIDN'T MEET THESE REQUIREMENTS THAT WERE HERE FOR YOUR CONSIDERATION.
UM, IS THERE ANYONE LIVING IN THE RV? 'CAUSE I KNOW THAT'S A STIPULATION WITH THE CITY AS WELL.
IS ANYBODY IN THAT RV? SO THAT'S NOT SOMETHING WE'RE REALLY FAMILIAR WITH.
UH, I WILL SAY, UM, IT'S INCLUDED IN, IN THE A IS THAT WAS PROVIDED TO YOU THIS EVENING, BUT FOR THE ADJACENT SITE WHERE THE RV IS LOCATED, THEY DID RECENTLY APPLY FOR A DEMOLITION APPROVAL FROM THE HISTORIC LANDMARK, UH, COMMISSION.
ANY STRUCTURE OVER THE AGE OF 50 YEARS NEEDS TO GET PERMISSION FROM THAT GROUP, FROM THAT COMMITTEE, VERY SIMILAR TO THIS ONE BEFORE IT CAN BE DEMOLISHED.
AT THAT TIME, IT WAS PROVIDED TO HLC THAT THEIR INTENT WAS TO DEMOLISH THE HOUSE, REMOVE ALL THE ACCESSORY STRUCTURES, INCLUDING THE RV MM-HMM
AND TO SUBDIVIDE THE PROPERTY INTO TWO SINGLE FAMILY LOTS.
NOW, THAT IS WHAT WAS, UH, ON THE RECORD PROVIDED TO HLC.
THE HOUSES IN THE ALLEY THAT ARE ON O'GRADY, UM, I BELIEVE, OR WERE BUILT IN THE LAST FIVE YEARS, WAS, DID, DID THE UDC NOT APPLY AT THAT POINT IN TIME? THEY WERE, UH, THEY WERE BUILT PRIOR TO THE ADOPTION OF UDC.
RIGHT BEFORE, UM, RIGHT BEFORE, YEAH.
THERE'S A LITTLE BIT OF LAG TIME TOO BETWEEN WHEN THE, UH, UDC WHEN ANY CODE IS ADOPTED AND WHEN IT REALLY BECOMES EFFECTIVE.
SO IF THEY WERE ALREADY STARTING THE DEVELOPMENT PROCESS, UM, UNDER ONE SET OF RULES, IT WOULDN'T BE FAIR TO CHANGE THE SET OF RULES IN THE MIDDLE OF IT.
SO ANYTHING THAT WAS CONSTRUCTED, YOU KNOW, IN THE LAST FIVE YEARS MAY OR MAY NOT HAVE THE UDC APPLIED.
YEAH, I'M, I'M REALLY CURIOUS ABOUT THAT, UH, BEING SUDDENLY SIX FEET.
'CAUSE I DON'T THINK IT JUST HAPPENED WITH THE UDC.
WE'VE HAD A SIX FOOT FENCE LAW HERE FOR DECADES.
UM, HAS, HAS ANY PLANS FOR AN EIGHT FOOT FENCE BEEN ANY ENGINEERED PLANS AS REQUIRED? HAVE, HAVE THIS, HAS THAT HAPPENED? NONE OF THEM PROVIDED AT THIS TIME, BUT THE, THAT'S NOT
[00:15:01]
TOO UNUSUAL.UM, YOU KNOW, TO SAVE THEM FROM GOING OUT TO SPEND THE MONEY TO GET THE ENGINEERED PLANS, BECAUSE SOMETIMES THERE IS A PRETTY BIG LAG TIME WITH ENGINEERS FOR SMALL JOBS LIKE THAT TOO.
YEAH, I WAS GONNA ASK IF ANYBODY HAD MORE QUESTIONS.
UM, IS THERE A, A A POINT IN TIME WHERE AN RV, I GUESS FOR LACK OF A BETTER TERM, BECOMES SUBJECT TO SETBACKS? SIMILAR WAY A SHED SETBACK? THEY ARE.
SO THIS IS NOT, I MEAN, JUST LOOKING AT IT, IT SEEMS LIKE IT'S IN THE SETBACK, BUT YOU GUYS, BUT YOU SAID THAT IT WAS, IT COMPLIED.
SO THERE ARE SPECIAL REQUIREMENTS FOR RVS AND WHERE THEY'RE, WHERE THEY CAN BE PARKED AND WHERE THEY CAN'T BE PARKED.
NOW THIS WAS A RULE THAT WAS CHANGED IN THE UDC AS WELL, I BELIEVE.
SO YOU'LL SEE THE ENFORCEMENT IS A LITTLE BIT DIFFERENT ACROSS THE CITY.
SO ESSENTIALLY IF, IF AN RV OR TRAILER, 'CAUSE THE SAME RULES KIND OF APPLY, UM, WAS PARKED IN A SPACE OR HAD BEEN DESIGNATED AS A SPACE BEFORE THE UDC, MAYBE THEY WERE DOING IT FOR 10, 15 YEARS SINCE THEY BOUGHT THE HOUSE IN 2005, UM, THEY WOULD HAVE BEEN ALLOWED TO CONTINUE DOING IT THAT WAY.
UH, THAT BEING SAID, I'M NOT FAMILIAR WITH THE SETBACKS OFF THE TOP OF MY HEAD.
I'M, I'M PRETTY SURE, I THINK THE SETBACKS FOUR FEET AND IT'S THE BASE OF THE, OR I WENT AND LOOKED AT IT.
I MEAN, THE BASE OF THE RV IS, BUT THEY HAVE A PUSH OUT OR A SLIDE.
SO THAT'S, THAT WOULD BE DEFINITELY, THAT WOULD IN A REAR, I WOULD THINK THE REAR SETBACK AS WELL.
'CAUSE IT'S ALMOST AGAINST THE BACK FENCE, WHICH IS TYPICALLY A, A BIGGER SETBACK.
IS THERE ANY FEEDBACK FROM THAT PROPERTY OWNER, THE RV PROPERTY? IS THERE ANY FEEDBACK IN PUBLIC COMMENT OR ANY OF THE THINGS THAT GOT PUT OUT? ARE THEY HERE TONIGHT? THEY'RE NOT HERE TONIGHT.
UM, AND THEN CAN YOU HELP ME UNDERSTAND, I'LL CHECK AND I'LL CHECK THE RESPONSES WE GOT AND SEE IF THEY RESPONDED.
CAN YOU HELP ME UNDERSTAND THE CODE ORDINANCE 2016 DASH 13 THAT THEY, THAT, UM, SCOTT AND JESSICA MILLER SITE? I JUST WANNA MAKE SURE I UNDERSTAND.
I DON'T HAVE A COPY OF IT IN FRONT OF ME.
I, I READ IT AND I, THIS IS NOT VERBATIM, BUT IT, IT PERTAINS TO NOT LIVING IN AN RV.
UH, IT'S ALLOWED FOR A VISITOR FOR THERE'S, AND I CAN'T QUOTE THE PERIOD OF TIME.
BUT IT'S A WEEK OR SOMETHING LIKE THAT.
IT'S A SHORT TERM STAY SOLUTION, NOT A LONG TERM LIVING.
IN THE, THERE IS A, THERE'S A FINE THAT CAN BE LEVIED, UM, IF THAT, IF THE STIPULATIONS OF THAT PARTICULAR ORDINANCE ARE NOT MET, AND IT IS A MAXIMUM OF $500.
SO IF THE CITY IS, LET'S JUST SAY THE CITY WENT OUT THERE AND FIND THEM $500, IT'S NOT LIKE THE CITY CAN DO ANY, I MEAN, THERE'S NO ADDITIONAL ENFORCEMENT.
THERE'S NO ADDITIONAL ENFORCEMENT.
SO THAT'S KIND OF WHAT I'M CONFUSED ABOUT.
I, I THINK THAT ANSWERS MY QUESTION, BUT IF Y'ALL HAVE ANY ADDITIONAL COMMENTARY, SO I APOLOGIZE, I DON'T HAVE THE COPY IN FRONT OF ME.
I DO KNOW THAT THIS, UM, UH, AN, IT WAS AN ACTIVE CODE CASE AND THERE WAS AN INVESTIGATION DONE INTO IT, AND IT WAS DETERMINED AT THAT TIME THAT IT MET THE CODE REQUIREMENTS.
WELL, CARISSA, DO YOU HAVE ANY QUESTIONS FOR THE CITY? NO, SIR.
AND NOW WOULD LIKE TO GO AHEAD AND THEN, AND INVITE YOU TO COME UP AND, AND SPEAK PLEASE.
UH, GO AHEAD AND ANNOUNCE YOUR NAME AND, ALL RIGHT.
AND, UH, YEAH, WE'RE SEEKING THE, UH, THE VARIANCE FOR THE, THE TALLER FENCE, THE, THE POINTS THAT THE CITY BROUGHT UP.
WE, YOU KNOW, WE, WE DO TEND TO AGREE WITH IN, IN TERMS OF, YOU KNOW, WHY WE'RE LOOKING FOR THE VARIANCE.
UM, THE, I GUESS THE ONLY ITEMS WE WOULD LIKE TO ADD TO IT ARE, ARE ONE, WE FEEL IT IS, AS THEY POINTED OUT, CONSISTENT WITH THE NEIGHBORHOOD.
UM, YOU KNOW, ALMOST EVERY FENCE IN THE NEIGHBORHOOD IS, IS TALLER THAN SIX FEET.
UM, TWO, THE RV IS, UH, IN MY, IN MY OPINION, UM, HOPEFULLY NOT BEING LIVED IN, BUT IS MORE OF A JUNK VEHICLE AT THIS STAGE.
AND SO WHEN READING THE, UH, CITY ORDINANCE 2 0 1 16 DASH ONE THREE, UH, WE FEEL THAT IT, UM,
[00:20:02]
UNDER THE TERM JUNK VEHICLE SHOULD NOT BE PARKED THERE.AND SO FOR THAT REASON, AFTER WE DID, YOU KNOW, MAKE OUR COMPLAINT, UM, AND WE'RE TOLD, OH, YOU KNOW, IT WOULDN'T BE REMOVED.
THAT'S WHY WE, WE DECIDE TO, YOU KNOW, MOVE FORWARD WITH THIS REQUEST.
YOU KNOW, THE, THERE, THERE IS A THIRD, YOU KNOW, SMALLER REASON.
AND THAT'S, YOU KNOW, THERE'S A SIGNIFICANT NOISE FROM, I THINK IT'S A, AN AIR COMPRESSOR OR SOME KIND OF, YOU KNOW, GENERATOR OR SOMETHING THAT'S BEING USED RIGHT THERE.
AND SO WE FEEL THAT A HIGHER FENCE WOULD HELP WITH THAT AS WELL.
WHAT DO YOU MEAN BEING USED RIGHT THERE? IS THAT YOU THINK IT'S IN THE RV BEING USED OR? I, I, IT'S SO LOUD.
BUT IS IT AFTER 10 O'CLOCK AT NIGHT OR ANY OF THOSE THINGS? YOU KNOW, WE, WE HAVEN'T MOVED INTO THE LOCATION YET, SO I CAN'T SPEAK TO THAT.
AND THAT, THAT VEHICLE WAS THERE BEFORE YOU MOVED IN, CORRECT? YES.
YOU DO YOU CURRENTLY HAVE A POOL OR YOU IT'S BEING BUILT.
CERTAINLY A PRIVACY ISSUE TOO, THEN POTENTIALLY.
AND THEN, UH, ONE THING THAT WE HAVEN'T BROUGHT UP YET IS A, YOU KNOW, A ACROSS THE PROPERTY FROM THEM IS A, UH, MULTIFAMILY, UH, CONDO COMPLEX.
AND, UM, UH, YOU KNOW, CURRENTLY AT NIGHT, THE LIGHTS FROM THAT COMPLEX THAT SHINE INTO THEIR ALLEYWAY DO SHINE, YOU KNOW, DIRECTLY INTO OUR HOUSE WHERE IF WE DID HAVE A SLIGHTLY TALLER FENCE, WE THINK THAT THAT WOULD BLOCK THAT AS WELL.
UM, AND OBVIOUSLY, YOU KNOW, ADDITIONAL PRIVACY FROM THAT, UH, CONDO COMPLEX.
WHEN I LOOKED AT IT, UM, YOU KNOW, YOU, YOU'RE, YOU'RE TALKING ABOUT A, A DIFFERENCE BETWEEN HAVING A SIX FOOT FENCE AND AN EIGHT FOOT FENCE, WHICH, UM, OBVIOUSLY THERE ARE REASONS WHY THERE SIDNEY ORDINANCES FOR, FOR SIX FOOT FENCES.
WHEN YOU SAY THINGS LIKE THE LIGHTS THAT ARE COMING IN, THERE'S, THERE ARE ORDINANCES.
TRUST ME, WE'VE GONE OVER THAT TOO.
THERE ARE ORDINANCES FOR LIGHTS AND WHERE THEY CAN BE POSITIONED.
UH, AS JUSTIN MENTIONED, YOU KNOW, THE SOUND ORDINANCES AND THINGS LIKE THAT, I, I'M ABOUT TO HAVE MY FRONT STREET TORN UP FOR I DON'T KNOW HOW LONG.
RIGHT? I MEAN, THEY'RE, THEY'RE GONNA BE OUT THERE A WHILE.
THEY'RE REDOING THE ENTIRE STREET SOMETIMES.
SO, I MEAN, THESE ARE THINGS THAT WE ALL, WE ALL DEAL WITH A A I'M NOT A SCIENTIST, BUT I, I DON'T KNOW HOW MUCH TWO FEET IS GONNA HELP WITH, WITH NOISE EITHER.
THIS, THIS SEEMS LIKE IT'S A, YOU KNOW, IT'S A REQUEST.
IT'S NOT THE PRETTIEST OF YARDS.
YOU HAVE A FENCE THERE THAT, UH,
IT'S NOT EXACTLY, YOU KNOW, A PRIVACY FENCE WHATSOEVER.
SO A FENCE IS GONNA HAVE TO GO UP THERE.
UM, YOU KNOW, WE'RE, WE'RE FORCED TO, UH, MAKE THESE DECISIONS ON, ON THE HARDSHIPS.
AND IT'S, AND, AND, UH, YOU KNOW, IT'S, IT'S UP TO YOU TO MAKE SURE AND, AND HELP US TO UNDERSTAND WHAT THAT, WHAT THAT ACTUAL HARDSHIP IS IN ORDER TO, TO APPROVE, UH, THE VARIANCE.
I JUST WANNA PULL UP, OOPS, SORRY.
THIS IS MY WIFE JESSICA, BY THE WAY.
UM, IS THERE A PICTURE OF IT ON HERE? WHAT'S, WHAT YOU LOOKING FOR? THE RV, THE RV PICTURE.
YEAH, THERE'S A, THERE'S A PICTURE OF IT IN HERE.
I THINK JUST THROUGH THE FENCE THOUGH.
SO THAT LOOKS LIKE DIRECTLY FROM OUR DINING ROOM.
THAT'S OUR VIEW, LIKE THEIR RV.
AND I'M PRETTY SURE IT VIOLATES THE CODE, BUT THEY'RE TELLING ME IT DOESN'T.
SO, WELL, IT'S HARD FOR US TO MITIGATE THE VIEWS OF, YOU KNOW, OTHER CITY MEMBERS WHO ARE, YOU KNOW, I, I DON'T, I DON'T KNOW WHAT THE, BUT IF THE CODE ISN'T BEING ENFORCED, WHAT IF THE CODE'S NOT BEING ENFORCED? THAT'S AN ISSUE, RIGHT? CORRECT.
AND THAT'S WHY WE'VE COME THIS FAR.
BUT YOUR VARIANCE IS FOR OFFENSE, NOT FOR THE CODE CONVERSATION.
'CAUSE I'VE HEARD FROM THE CITY THAT THEY'VE, SO INVESTIGATION, SO THAT WOULD BE TWO SEPARATE PROCESSES, RIGHT.
AND THEY CAN BE DEALT WITH TONIGHT OR TABLED OR WHATEVER.
BUT IF, IF IT WAS A QUESTION OF WHETHER OR NOT THE RV SHOULD BE THERE AND CODE COMPLIANCE FEELS THAT IT SHOULD, THAT IT'S OKAY, THEN THAT, AND IT WOULD COME DOWN TO AN INTERPRETATION OF THE LAW.
THAT WOULD BE THE BASIS FOR AN APPEAL.
OF, OF THE DECISION REGARDING THE RV, BUT
[00:25:01]
WOULD NOT HAVE BEARING ON THE VARIANCE ITSELF.I MEAN, IT JUST, IT, IT SEEMS LIKE THIS IS, THIS IS A CONVERSATION BETWEEN THESE FOLKS AND, AND THE CITY TO TRY AND FIGURE OUT WHAT'S SUPPOSED TO GO ON WITH THAT RV.
BUT WE'RE, YOU KNOW, AS THE BOARD WE'RE BEING PUT IN THE POSITION TO MAKE THE DECISION WHETHER, OH, YEAH, WE AGREE WITH YOU THAT IT'S A DILAPIDATED, YOU KNOW, UGLY JUNK RV AND MEETS THE CRITERIA HERE.
BUT FROM WHAT I'M BEING TOLD, THE CITY SAYS IT'S NOT.
THE REPRESENTATIVES OF THE CITY COULD PROBABLY SPEAK TO THAT, BUT THEN OF COURSE, YOU GUYS CAN, UH, APPLY YOUR EXPERIENCE AND UNDERSTANDING HOWEVER YOU SEE FIT.
YEAH, I MEAN, IT, IT, WHEN I MA'AM, WHEN I, WHEN I LOOK AT IT, RIGHT, AND, AND I'M YOUR NEIGHBOR.
I MEAN, I, I'VE BEEN DOING THIS FOR WAY TOO LONG, I THINK.
BUT, UH,
UM, YOU KNOW, WHEN, WHEN I LOOK AT THIS, I UNDERSTAND THAT IT IS NOT PRETTY MM-HMM
RIGHT? AND THEN I GO, OKAY, WELL, YOU, YOU KNEW THAT WHEN YOU MOVED IN AND YOU KNEW WHERE YOUR, YOUR, YOUR LIVING ROOM WAS GONNA BE, RIGHT.
BUT I DIDN'T THINK IT WAS GONNA STAY.
WELL, THAT'S WHAT I'M CURIOUS ABOUT.
LIKE, LIKE WHO TOLD YOU THAT IT WAS GONNA GET MOVED, RIGHT? OR WAS THAT AN ASSUMPTION, OR? IT WAS AN ASSUMPTION BECAUSE I READ THE ORDINANCE, SO I WAS LIKE, OKAY, THIS CAN'T STAY HERE.
AND WHEN I BROUGHT IT TO BETTY, SHE SAID THEY DON'T ENFORCE IT IN OUR AREA.
THAT'S A, SO, I, I HAVE A QUESTION REAL QUICK.
IF THE RV WASN'T THERE, WOULD YOU BE SEEKING A VARIANCE ON THE FENCE SITE? NO.
CAN THE CITY HELP ME UNDERSTAND THE DEFINITION FOR A JUNK VEHICLE IN THE CITY OF BURN? FRANKIE, I DON'T KNOW IF YOU COULD SPEAK TO THAT OR NOT, OR IF WE NEED TO TABLE AND TRY TO GET CODE ENFORCEMENT HERE OR SOMETHING.
YEAH, I MEAN, THERE THERE IS A, THERE IS A STATEMENT MADE WITHIN THE PAPERWORK TODAY THAT THE CITY IS REFUSING TO DO SOMETHING FOR WHICH IT HAS AN ORDINANCE.
THAT'S, THAT'S WHAT I, THAT'S WHAT I READ IN THE, IN THE PAPERWORK.
SO AGAIN, I'M LOOKING AT THIS LIKE, AND I DON'T, YOU KNOW, IF THE FENCE, LET'S, LET'S TAKE THE FENCE OUT OF IT.
RIGHT NOW, WE'RE BEING FACED WITH, YOU'RE TELLING US THAT THE CITY REFUSED TO DO ITS JOB, RIGHT? THAT, THAT IT'S REFUSING TO ENFORCE THIS ORDINANCE AND THAT BETTY SAID THAT THEY DON'T ENFORCE IT IN THIS AREA.
SO, I, I, THAT KIND OF LEAVES ME AT A, WHAT ARE WE DOING HERE? SO I WOULD PULL IT BACK TO SOMETHING MIKE SAID.
ABOUT TWO DIFFERENT TYPES OF APPLICATIONS THAT THIS GROUP OVERSEES.
ONE IS THE APPEAL, WHICH IS IF THEY WERE APPEALING THE OFFICIAL DECISION OF CODE ENFORCEMENT ABOUT THE ENFORCEMENT OF OH, GOT IT.
THAT WOULD HAVE TO COME THROUGH AN APPEAL.
IT WOULD HAVE TO BE ADVERTISED IN THE AGENDA TO MAKE SURE WE'RE COMPLYING WITH STATE LAW.
TONIGHT, HOWEVER, IT'S ABOUT THE VARIANCE TO ALLOW THE EIGHT FOOT FENCE INSTEAD OF THE ALLOWED SIX FOOT FENCE.
THANK YOU FOR THE CLARITY ON THAT.
I'M REALLY CURIOUS AS TO YOUR THOUGHTS ON, ON THIS, WHAT THE, THE CITY HAS THE RESPONSIBILITY TO, TO GO OUT THERE AND ENFORCE THE CODES, RIGHT? AS, AS THE BOARD OF ADJUSTMENTS WE'RE SUPPOSED TO MAKE DECISIONS BASED ON THE UDC AND HARDSHIPS THAT COME BEFORE US.
SO YOU MENTIONED THAT BASED ON YOUR READING OF THE CODE MM-HMM
YOU MADE AN ASSUMPTION THAT THE RV WAS GONNA BE MOVED.
CAN YOU, THE ORD, OH, GO AHEAD.
I, UH, SO I READ THROUGH IT AS WELL, BUT MAYBE FROM A DIFFERENT LENS.
WHAT, WHAT CRITERIA WOULD REQUIRE THAT TO BE MOVED AND WHERE WOULD IT NEED TO BE MOVED TO, ACCORDING TO YOUR, SO THE ORDINANCE, 2016 DASH 13 SAYS, REQUIRING THAT VEHICLES TRAVEL TRAILERS AND TRUCKS BE PARKED ON AN IMPROVED SURFACE, WHICH THIS IS NOT, AS OPPOSED TO A FRONT OR SIDE YARD FURTHERS THE FOREGOING GOALS OF THE CITY'S MASTER PLAN.
BUT NOW, NOW, WHEN YOU TAKE INTO CONSIDERATION THAT IT WAS THERE BEFORE THE UDC, SO IF, IF WE WERE, IF WE WERE TO BASE IT ON, 'CAUSE THESE ARE GRANDFATHERED CLOSETS, RIGHT? YOU CAN IMAGINE YOU JUST BUILT THAT POOL.
WHAT? AND WE DECIDE YOU CAN'T PUT A POOL WITHIN 15 FEET OF THE BACK FENCE, THEN YOU'RE GONNA HAVE TO GET RID OF YOUR POOL.
YOU CAN'T EAT, YOU KNOW, YOU CAN'T DO THAT.
DO WE KNOW THAT IT WAS GRANDFATHERED? IT, UH, IT WAS NOT, UH, OH, THAT'S WHAT I, I MISUNDERSTOOD THAT.
A, ACCORDING TO THE, UH, THE LAW THAT WAS PASSED, WHICH WE READ MM-HMM
THERE WERE NO GRANDFATHER PROVISIONS.
IT HAS FOR THIS SPECIFIC CODE, FOR THIS SPECIFIC ORDINANCE.
IT DOES NOT, THERE'S NOTHING ABOUT GRANDFATHERING IN, I MEAN, I MEAN, HONESTLY, I, YOU KNOW, WE'RE ALL GONNA VOTE
[00:30:01]
TOGETHER, RIGHT? YOU GUYS DETERMINE WHETHER YOU WANNA MOVE FORWARD AND ALL THAT STUFF.BUT THIS SOUNDS TO ME IF THERE'S AN ORDINANCE ISSUE AND THEY ARE CONFIDENT THAT THE, THAT, THAT THE CITY IS NOT TAKING CARE OF THE CITY NEEDS TO ADDRESS IT.
I, I MEAN, BEFORE IT COMES TO US, TO ME, I, I, I WOULD HATE FOR US TO APPROVE OF VARIANCE OR DISCUSS APPROVING A VARIANCE FOR IF THE RV WASN'T THERE, THEY WOULDN'T BE ASKING FOR THE VARIANCE.
AND THAT, AND IF THE RV BY THE CODE SHOULD BE THERE, THE CITY'S SUPPOSED IT'S SUPPOSED TO TAKE CARE OF IT.
IT'S NOT US, BUT WE NEED MORE CLARITY.
AND, AND SO I THINK IT'S A DECISION OF DO WE CONTINUE ON THIS PATH OR DO WE WALK THROUGH WHAT WAS JUST OUTLINED? THAT WE HAVE TO GO THROUGH A FORMAL PROCESS.
BUT IN MY MIND, THE BIGGER ACCOMPLISHMENT FOR THE NEIGHBORHOOD MM-HMM
WOULD BE, I'M CONCERNED TO HEAR, I'M CONCERNED TO HEAR A QUOTE THAT SAYS, WE DON'T ENFORCE THAT.
I WOULD, I WOULD STRUGGLE WITH THAT.
AND SO I, I WOULD WANT US TO UNDERSTAND THE, THE CITY DID AN INVESTIGATION.
LET'S GO THROUGH THAT PROCESS AND LET THEM SORT THAT OUT.
IF IT COMES TO US AS AN APPEAL IN THAT VEIN YEAH.
THEN I THINK WE'RE MORE APT TO REALLY EXPLORE IT.
SO GENTLEMEN, GENTLEMEN, CAN I INTERRUPT YOU REAL QUICK? WE NEED TO TALK, JUST A REMINDER THAT YOU'RE STILL IN THE PUBLIC HEARING, RIGHT? WHICH IS REALLY SUPPOSED TO BE PRESENTATIONS, UH, AFTER THE PUBLIC HEARING CLOSES IS WHEN YOU WOULD TYPICALLY DELIBERATE AND ASK QUESTIONS.
WHAT, WHAT MIKE'S TRYING TO SAY IS WE SHOULD ARGUE AMONGST OURSELVES,
FROM, FROM OUR PERSPECTIVE AS THE HOMEOWNERS, UM, YOU KNOW, THIS PROCESS IS NOT CHEAP.
THIS, YOU KNOW, ADDED AN ADDITIONAL $500 TO STAND BEFORE HERE, YOU KNOW, BEFORE YOU ALL HERE TODAY.
UM, CURRENTLY I'M SUPPOSED TO BE COACHING, UH, SIXTH GRADE FOOTBALL AND, AND SAID, WE'RE HERE.
I I UNDERSTAND WHERE, WHERE IT SOUNDS LIKE YOU'RE GOING, YOU WANNA GET TO THE HEART OF THE ISSUE.
AND I, I COMPLETELY AGREE WITH YOUR, YOUR LOGIC.
I DO THINK THE REASON THIS BOARD EXISTS AND MEETS IS TO ALLOW FOR VARIANCES IN CERTAIN SITUATIONS THAT, THAT, UM, WE MIGHT FIND OURSELVES IN THAT REQUIRE A HUMAN INTERPRETATION OF, UM, YOU KNOW, THE, THE, THE LAWS THAT THE CITY PASSES, WHICH, YOU KNOW, SOMETIMES REQUIRE THAT OBVIOUSLY.
AND SO I GUESS OUR ASK, UH, OF, OF, OF YOU TODAY WOULD BE TO MAYBE MAKE THIS, UM, YOU KNOW, CERTAINLY STILL PURSUE, YOU KNOW, WHATEVER IS THE ROOT CAUSE, BUT AT THE SAME TIME, UM, YOU KNOW, MAKE IT BETTER ON THE, THE RESIDENT OF BERNIE, WHICH IS US IN THIS CASE, BY APPROVING THE VARIANCE.
DO YOU GUYS HAVE ANYTHING ELSE THAT YOU WANT TO SAY BEFORE WE TALK AMONGST OURSELVES? I WOULD SAY ALL OF OUR NEIGHBORS WE'RE COMPLETELY, LIKE THEY SAID, WE'VE ALWAYS HAD EIGHT TO 10 FOOT I WANT FENCES HERE.
AND THEY ALL APPROVE THAT WE SHOULD.
ALL OF OUR NEIGHBORS ARE WONDERFUL.
I HAVE A FEELING OUR NEIGHBORS ARE GREAT.
SO YES, ONE OF EM'S DON EDMONDSON.
AND IF HE APPROVES, YOU KNOW WHAT? HONESTLY, I, I LOOK SINCE HE BROUGHT THAT I WANT, I WANT, I WANT YOU TO UNDERSTAND, I I, I'VE SAID THIS SEVERAL TIMES OVER THE YEARS.
WE'RE WE'RE, AND I SAID, WE'RE, WE'RE YOUR NEIGHBORS.
YOU KNOW, WE, WE, SOME THINGS WE WANT, YOU KNOW, THIS JUST MAKES COMPLETE SENSE, STUFF LIKE THAT.
WHAT WE HAVE TO DO IS LOOK PAST OUR TIMEFRAME HERE.
LIKE I SAID, YOU PUT UP SOMETHING THAT MAKES SENSE FOR YOU.
YOU CAN COME OUT HERE AND SAY, OH, WE JUST NEED TO PUT A A SLAB DOWN.
THIS IS ALL WE'RE GONNA DO WITH IT.
THE MOMENT YOU LEAVE, WE DON'T HAVE ANY JURISDICTION OVER.
IF SOMEBODY WANTS TO PUT IT, YOU KNOW, WHATEVER THEY USE IT FOR, YOU WANNA LIVE HERE FOREVER.
I, I, YOU KNOW, THAT TYPE OF, WE, THERE ARE OTHER, YOU KNOW, CIRCUMSTANCES THAT WE HAVE TO CONSIDER OVER, OVER TIME.
AND I WOULD SAY ABOUT 12 YEARS AGO, THERE WAS AN EDMUNDSON THAT CAME IN THIS ROOM,
SO WE'RE CONSTANTLY, WELL, IT USED TO BE CONSTANTLY THE UD C'S SUPPOSED TO TAKE CARE OF ALL THIS STUFF, UM, OR CUT DOWN ON IT.
AND IT, AND IT HAS, WE USED TO MEET EVERY OTHER MONTH.
MAYBE NOW IT'S ONCE A YEAR, IT SEEMS LIKE I, I, I DON'T KNOW, YOU KNOW.
BUT WHAT WE, WHAT WE DO IS, YOU KNOW, IT IT, IT'S NOT JUST FOR TODAY.
IT DOES HAVE AN IMPACT ON YOU AND, AND THE COMMUNITY.
BUT GOING BACK TO WHAT YOU JUST SAID, YOU DO HAVE FULL APPROVAL, UH, THAT I THINK THAT SAYS A LOT ON, YOU KNOW, THE, THE NEIGHBORHOOD AROUND YOU ACCEPTING THAT, YOU KNOW, WE, WE HAVE 'EM, WE SEE 'EM ALL THE TIME.
WE JUST HAVE TO, WE HAVE TO BE VERY, UH,
[00:35:02]
WE HAVE TO TAKE INTO CONSIDERATION THE FACT THAT, YOU KNOW, THERE'S, IF THE CITY'S NOT DOING ITS JOB, AND THAT'S WHAT REALLY SHOULD HAPPEN, THAT'S WHAT SHOULD HAPPEN.IF THAT, IF THAT RV NEEDS TO GO AWAY, AND, YOU KNOW, WE DON'T HAVE TO DO AN ORDINANCE AND CHANGE ALL THAT, AND I GET THAT, BUT HOW LONG WOULD THAT TAKE TO GET THEM TO, I'M NOT SURE.
I FEEL THAT'S WHY WE CAME HERE TOO.
YOU KNOW, HE'S, HE'S TO BE AT A GAME.
I MEAN, DON'T HAVE THAT MUCH TIME.
I, YOU KNOW, WE, WE WANNA BE AS EFFICIENT, UH, AS POSSIBLE, BUT WE NEED TO BE FAIR AND WE NEED TO BE, WE NEED TO DO THINGS LEGALLY AS, AS WELL.
SO LIKE, IF, IF IT WERE TO BECOME AN APPEAL, I THINK YOU HAVE A LOT OF
I THINK YOU HAVE A LOT OF BACKING, BUT I'M GONNA CLOSE
[Consider Variance No. 25-01, A request from Scott & Jessica Miller, requesting a variance to the City of Boerne UDC, Chapter 4, Section 4.4B, to allow for an 8-foot fence along the side and rear yard of the property, rather than the required 6-foot fence for Irons & Grahams Addition Lot 185A, (405 Lott St.).]
THE, THE PUBLIC AND GO TO OUR INTERNAL, UH, DISCUSSION.UM, WELL NOW, UH, SO NOW JUST PROCEDURALLY, SINCE WE DON'T DO THIS VERY OFTEN, THE BOARD IS FREE TO TALK, DISCUSS, ASK QUESTIONS OF THE PEOPLE IN THE ROOM.
THE, THE OPPORTUNITY FOR THE PUBLIC TO SPEAK WITHOUT BEING QUESTIONED BY THE BOARD IS TECHNICALLY OVER.
YOU CAN ALLOW IT AS THE CHAIR IF YOU WOULD LIKE.
UH, GOING FORWARD, THERE ARE REALLY FOUR COURSES OF ACTION.
ONE WOULD BE TO TAKE NO ACTION, WHICH MEANS NO VARIANCE.
AND THE CODE GETS ENFORCED AS, AS APPLIED.
YOU COULD APPROVE, YOU COULD DENY, OR YOU COULD TAPE.
AND, AND SO WHAT, UH, WHAT YOUR TASK IS, IS TO TAKE THE TESTIMONY THAT'S BEEN GIVEN TO YOU TONIGHT AND APPLY ONE OF THOSE FOUR ACTIONS.
UM, SO JUST TO, WHEN, WHEN WE VOTE, UH, THERE ARE FIVE PEOPLE WHO VOTE.
IF, UH, SOMEBODY SAYS THAT WE'RE GONNA VOTE FOR APPROVAL, SOMEBODY SAYS, I, I THINK WE SHOULD APPROVE SOMEBODY SECONDS THAT, AND WE VOTE.
IF IT'S FOUR AND ONLY TWO PEOPLE SAY THEY'RE FOUR, IT'S, IT'S NOT PASSED.
SO IT, IT'S IMPORTANT THAT WE, YOU KNOW, WE DISCUSS WHAT'S, YOU KNOW, WHAT'S GOING ON.
AND, UH, I THINK ANOTHER WAY TO SAY WHAT, WHAT MR. BERGMAN IS SAYING IS THAT APPROVAL OF A VARIANCE REQUIRES A FOUR-FIFTHS VOTE OF THE BOARD FOUR FIFTHS.
SO FOUR, APPROVAL OF A VARIANCE REQUIRES FOUR OF THE FIVE OF YOU THAT ARE VOTING MEMBERS TO, TO OAK.
AND IF WE WERE TO MAKE A, A DECISION TODAY, OR, OR TAKE OR NOT MAKE A DECISION AND YOU DON'T GET IT, YOU KNOW, OR, OR THEY, THEY DON'T MM-HMM.
IF WE ALLOW THEM TO APPEAL SOMETHING WITH THE CITY, THERE'S, YOU KNOW, IT WOULD, IT WOULD BE DIFFERENT.
SO IF, IF WE ASK FOR THAT ROUTE, IS THERE A TIME CLOCK THAT WE CAN PUT ON? I I THINK WE COULD.
I DON'T THINK THEY SHOULD BE OUT THERE WAITING FOREVER IF WE, IF WE DECIDED THAT WE NEED THEM TO GO BACK AND WORK THIS OUT WITH THE CITY AND GET IT DEFINED, WHETHER THEY HAVE A HARDSHIP BECAUSE THE CITY'S REFUSING TO, YOU KNOW, ENFORCE THE CODE.
WELL, WELL, IT WOULD BE UP TO THIS BOARD TO DETERMINE IF THE CONDITIONS OF THE HARDSHIP HAVE BEEN MET.
AND THAT IS A UNIQUE CIRCUMSTANCES, UH, OR A CIRCUMSTANCE UNIQUE TO THIS PROPERTY, OR LITERAL ENFORCEMENT OF THE CODE IS NOT WARRANTED CODE FORM.
SO A UNIQUE, UH, WHAT, WHAT THE BOARD IN ITS REASONABLENESS WITH ITS EXPERIENCE WOULD CONSIDER A U UNIQUE CIRCUMSTANCE.
PERHAPS THE RV, PERHAPS IT'S NOT.
IF THE RV'S NOT THERE IS A UNIQUE CIRCUMSTANCE.
THOSE ARE ALL QUESTIONS THAT I'VE HEARD YOU HAVE.
IF YOU HAVE THOSE QUESTIONS STILL, THEN AGAIN, I THINK YOU COULD APPLY WHAT YOU KNOW AND APPROVE, APPLY WHAT YOU KNOW AND DENY.
OR IF YOU DON'T WANT TO MAKE A DECISION, BUT NOT LET IT DIE DUE TO LACK OF ACTION, THEN YOU COULD TABLE.
BECAUSE IF YOU DON'T MAKE A MOTION EITHER WAY AND THERE'S NO ACTION, THEN THERE IS NO VARIANCE.
IF YOU TABLE, DOES IT GO JUST TO NEXT MONTH? OR HOW DOES THAT WORK? SO IF IT'S TABLED, UH, WE WOULD ASK YOU TO SET THE TIME PERIOD.
AND, UH, IF, IF YOU JUST TABLE IT, THERE IS NO TIME, THERE IS NO SHOT CLOCK.
IF YOU ASK FOR IT TO BE ON THE NEXT MONTH'S REGULAR MEETING DATE, THEN WE WOULD SET IT UP FOR THAT.
UM, WELL, LET'S, LET'S, LET'S TALK ABOUT WHAT WE'RE, YOU KNOW, WHAT'S GOING ON RIGHT NOW MM-HMM
AND I LET YOU KNOW, LET'S START WITH STEVE.
OR ACTUALLY, YOU KNOW WHAT,
WELL, I, I KIND OF TOOK THE PERSPECTIVE THAT THIS VARIANCE IS TRYING TO COUNTERACT SOMETHING THAT WHAT THE CITY DOESN'T, DIDN'T DO WITH THIS CODE ORDINANCE.
SO IT'S HERE BECAUSE SOMETHING DIDN'T HAPPEN PRIOR.
SO THAT'S WHERE I, THAT'S THE RUB FOR ME.
[00:40:02]
SO THE WHOLE THING WITH THE, BY THE WAY, THAT TRAVEL CENTER IS MUCH NEWER THAN THE ONE THAT I HAVE IT AT THE RANCHI PAID A THOUSAND DOLLARS FOR MINE AND IT'S PRETTY COOL.
20, YOU GOTTA REMOVE IT YOURSELF OR WHAT? SUFFICE TO SAY, YOU KNOW, IT REALLY IS NOT A BAD LOOKING TRAILER.
I THINK IT'S TWO SEPARATE ISSUES.
I THINK THAT THE TRAILER BEING THERE AND WHETHER THE CITY WAS, WAS NOT, DIDN'T DO WHAT THEY WERE CALLED TO DO, IS A WHOLE SEPARATE ISSUE WITH REGARD TO WHETHER OR NOT THERE'S A FENCE THERE.
IF I LIVED THERE, HAD A SWIMMING POOL IN MY BACKYARD, WELL, WITHOUT THE SWIMMING POOL, I'D WANT AN EIGHT FOOT PRIVACY FENCE.
JUST BECAUSE YOU WANNA BE OUT THERE WITH YOUR, YOUR FAMILY ENJOYING HAMBURGERS OR WHATEVER.
I'VE LIVED IN TOWN, EIGHT FEET FENCE, SIX FOOT FENCE ON DIFFERENT SIDES AT DIFFERENT TIMES.
AND I, I THINK IN MY OPINION, AN EIGHT FOOT FENCE WAS DESIRABLE.
I DIDN'T WANNA SPEND THE MONEY, SO I DIDN'T DO THAT.
I HAD SIX FOOT ON ONE SIDE, EIGHT FOOT ON THE OTHER.
BUT I THINK FROM A PRIVACY PERSPECTIVE, ESPECIALLY WITH A SWIM POOL, UM, I WOULD WANT THE EIGHT FOOT FENCE.
AND I THINK THE RV THING IS A WHOLE SEPARATE ISSUE.
AND WE COULD PUSH THAT BACK TO THE CITY, AND MAYBE IT DOESN'T MATTER IF THERE'S AN EIGHT FOOT FENCE, BUT UN UNFORTUNATELY, THAT'S NOT WHAT'S BEING BROUGHT TO US TODAY.
IF THEY'RE NOT JUST ASKING FOR AN EIGHT FOOT FENCE BECAUSE THEY WANT PRIVACY, THEY WANT AN EIGHT FOOT FENCE, BECAUSE THEY'RE SAYING THAT THE CITY, AND THIS IS THEIR, YOU KNOW, THIS IS WITHIN THE PAPERWORK, THE CITY REFUSED TO AND, AND STATED THAT THE CITY REFUSED TO, TO REMOVE THE, THE VEHICLE OR FORCE THEM TO REMOVE IT.
I, I CAN SEE THAT IT, UM, OF COURSE, IF I HAD MOVED IN THERE, I WOULD'VE MAYBE THOUGHT THE SAME THING.
BUT THERE AGAIN, I I, I DON'T SEE A PROBLEM.
UH, ANYWAY, YOU ALREADY KNOW WHERE I'M AT.
I, I, I THINK IT'S TWO DIFFERENT ISSUES AS WELL, BECAUSE I MEAN, LEGITIMATELY, IF, IF WE WEREN'T TALKING ABOUT THE RV, WE WOULDN'T BE HERE TALKING FOR A VARIANCE.
AND THE VARIANCE, MAYBE BECAUSE WE HAVE SEEN OTHER COME TO US FOR AN EIGHT FOOT FENCE AND WE'VE, WE'VE SAID NO TO SOME BECAUSE THE CODE IS REALLY A SIX FOOT FENCE ON THIS TYPE OF PROPERTY AT THIS ADJACENT PROPERTY.
WHAT BOTHERS ME IS ONE, I, I'D LIKE TO GO BACK.
DO WE KNOW WHAT A JUNK VEHICLE IS DEFINED BY? BECAUSE THAT, THAT'S WHAT, THAT LEAVES SO MUCH ROOM FOR INTERPRETATION.
IT HAS TO BE IN WORKING ORDER.
THERE, THERE ARE SPECIFIC, THERE'S SPECIFIC LANGUAGE THAT I'M NOT QUALIFIED TO INTERPRET FOR YOU.
UM, ON WHAT AN RV IS, WHERE THEY'RE ALLOWED, WHAT A JUNK VEHICLE IS, WHERE THEY'RE ALLOWED OR NOT.
UM, AND THAT WOULD BE PLANNING AND THAT THAT WOULD BE A PLANNING OR CODE ENFORCEMENT, UH, JURISDICTION.
HOWEVER, UM, THAT BEING SAID, I THINK WHAT, WHAT I WOULD, WHAT I WOULD SAY IS THAT YOU'VE BEEN GIVEN TESTIMONY AND EVIDENCE TONIGHT, AND THAT IS THE EVIDENCE THAT YOU NEED TO ACT ON.
NOT A WHAT IF OR A, OR A COULD BE OR A PROPOSED.
AND SO BASED ON WHAT YOU'VE HEARD TONIGHT, FROM BOTH SIDES, YOU WOULD NEED TO MAKE YOUR BEST JUDGMENT WELL, WHETHER IT'S GO FORWARD OR NOT.
AND SO MY CONCERN IS THAT WE'RE TAKING A TESTIMONY FROM CITIZENS THAT THE CITY SAID SOMETHING MM-HMM
AND, AND I WOULD HESITATE TO SAY, YEP, THAT'S WHAT THEY SAID.
BECAUSE IT, TO ME, IT SOUNDS VERY DIFFICULT TO BELIEVE, AND I'M NOT QUESTIONING Y'ALL, IT'S JUST THE INTERPRETATION.
I WOULD STRUGGLE THAT A CITY OF BERNIE EMPLOYEE SAID, NO, WE'RE NOT ENFORCING THAT CODE.
UM, IS THAT AN INSTANCE THAT WE HAVE IN, IN MY EXPERIENCE, IF CODE ENFORCEMENT WAS CALLED OUT AND CHOSE NOT TO FOR ENFORCE, THEN FOR ONE REASON OR ANOTHER, IT'S ALLOWED RIGHT OR WRONG.
SO THE ASSUMPTION HAS TO BE THAT IT WOULD BE THERE, IT'S ALLOWED TO BE THERE AND COULD BE THERE.
I THINK IF, IF IT IS SUCH THAT IF THE CITY HAS DECIDED THAT IT'S NOT GOING TO ENFORCE THE CODE, THEN THAT IS, I WOULD SAY THAT THAT'S A HARDSHIP FOR THEM.
BUT WE'RE SAYING TWO DIFFERENT THINGS.
WHY? WELL, BECAUSE THEY EXPLAINED THAT THE EMPLOYEE OF THE CITY MM-HMM
WHICH I AGREE THAT WE DON'T ENFORCE THAT LOCALLY.
THAT WOULD BE A PROBLEM FOR ME.
AND THAT WOULD BECOME THE HARDSHIP THAT I WOULD CONSIDER BECAUSE THERE'S RULES IN PLACE AND WE'RE NOT, WHETHER IT'S SUPPOSED TO BE THERE AND IT'S OKAY, OR NOT THAT'S A DECISION, BUT SAYING WE DON'T ENFORCE IT IS A COMPLETELY DIFFERENT ANSWER.
SO THAT, THAT WOULD BE MY CLEAR IF, IF, IF I WERE TO SAY, LET'S COME BACK NEXT MONTH AND GET SOME ANSWERS ON THIS, IT WOULD BE IN THAT VEIN OF ARE WE CHOOSING NOT TO
[00:45:01]
ENFORCE THE CODE OR DID WE DO AN INVESTIGATION AND FOUND THAT IT'S LEGAL? BUT TO MIKE'S POINT, THAT'S, THAT'S NEITHER HERE NOR THERE REALLY.WE HAVE A CITIZEN SAYING THIS HAPPENED.
WE HAVE CITY OFFICIALS SAYING WE DID AN INVESTIGATION.
WE WOULD APPROPRIATELY ASSUME THAT IT'S ALLOWABLE.
BUT WHERE I HANG UP ON THOSE TWO IS SAYING WE DON'T ENFORCE IT.
JUST THAT QUOTE ISN'T A YES OR A NO.
IS IT LOUD OR NOT? WE DON'T ENFORCE IS NOW A HARDSHIP? SO THERE, DOES THERE NEED TO BE SPECIFIC DOCUMENTATION LIKE SOMETHING IN WRITING, WE ARE NOT GOING TO ENFORCE THIS.
UM, VERSUS THIS IS JUST WHAT BETTY TOLD ME OVER THE PHONE.
I I, IN FAIRNESS TO THE CITY AND THE EMPLOYEE, I, I WOULDN'T WANNA MAKE AN ASSUMPTION THAT MM-HMM
I'D WANT TO TABLE IT AND SAY MM-HMM
WAS IT THIS, WAS IT THAT BEFORE WE MAKE A DECISION.
BECAUSE WHEN WE MAKE A DECISION ON THIS, THAT IS THE PERMANENT DECISION MM-HMM
AND SO I, I, IN FAIRNESS TO THE CITY, I JUST, I I WANT MAKE SURE WE UNDERSTAND IF IT WAS A NO ENFORCEMENT OR IF IT WAS A DECISION THAT IT'S ALLOWED.
WAS I WOULD BET MONEY THAT IF THE BOARD, IF THE BOARD, IF THE BOARD IS, IS WANTING TO CONSIDER THE PRESENCE OF THE RV AS THE UNIQUE CIRCUMSTANCE, AND IF IT'S WEIGHING HEAVILY ON, UH, ON YOUR, IF, IF THAT FACT IS, IF THAT FACT IS, IS A VERY PERTINENT TO YOUR DECISION, I DON'T THINK WE'RE GONNA BE ABLE TO GET THE ANSWER FROM CODE ENFORCEMENT TONIGHT ON WHY THEY MAKE THE DECISION.
AND SO FOR THAT MA, FOR THAT REASON, YOU MIGHT WANT A TABLE, OR AGAIN, YOU COULD DECIDE TO GO ONE OF THE OTHER WAYS, RIGHT? SO WE HAVE TABLED VARIANCE REQUESTS BEFORE WHEN ADDITIONAL INFORMATION WAS NEEDED.
I CAN PROBABLY ONLY REMEMBER ONE TIME IN THE LAST 25 YEARS.
BUT IT IS AN APPROPRIATE COURSE OF ACTION PER THE RULES IF YOU THINK YOU WOULD BE MAKING A MISTAKE WITHOUT THAT IN, UH, WITHOUT THAT INFORMATION.
SO MY CONCERN THERE, WE HAVE EVERY RIGHT TO DO ALL OF THOSE THINGS, BUT IF WE MAKE A DECISION AND WE USE WHAT WE KNOW TONIGHT, IT REALLY TAKES THE VOICE OF THE CITY ON CODE ENFORCEMENT OFF THE TABLE.
LIKE WE DON'T KNOW WHAT THEY SAID OR DIDN'T SAY.
WE'RE MAKING AN ASSUMPTION BASED ON WHAT WE KNOW AND BASED ON ONE HALF OF THAT CONVERSATION.
AND, AND SO I, I WOULD JUST TO MAKE SURE WE FULLY, LIKE WHAT'S THE ISSUE AT ISSUE IS, IS CODE ENFORCEMENT SAYING THEY'RE NOT GONNA ENFORCE THE CODE OR IS CODE ENFORCEMENT SAYING WE DID AN INVESTIGATION AND DETERMINED IT'S LEGAL AND WE'RE GOOD BECAUSE OTHERWISE I I DON'T SEE WHERE WE WOULD HAVE A VARIANCE DISCUSSION.
WAS, WAS CODE ENFORCEMENT GIVEN THE OPPORTUNITY TO BE HERE AND THEY'RE NOT? OR WERE THEY SORT OF UNAWARE THAT, FRANKIE, DO YOU HAVE AN ANSWER FOR THAT? SO CODE ENFORCEMENT WAS INFORMED, UM, AND WE DID HAVE SOME CONVERSATIONS WITH THEM OVER THE LAST, UM, COUPLE OF WEEKS, UM, ABOUT THIS SITE.
UM, BEYOND THE INFORMATION I'VE ALREADY PROVIDED ABOUT A, A COMPLAINT WAS PUT IN, IT WAS RESEARCHED AND, UM, THE CASE WAS CLOSED.
BEYOND THAT, I DON'T HAVE ANY ADDITIONAL INFORMATION ON THE CASE.
SO AFTER TWO WEEKS OF, OF SPEAKING WITH THIS PERSON, I MEAN, NOT CONSTANTLY, BUT IT WAS NOT THE, THE QUESTION THAT HE HAS WAS NOT DETERMINED.
I'M SAYING THEIR FINDINGS WERE WERE, WERE NEGATIVE.
IT WASN'T IT WERE WITHIN COMPLIANCE.
YOU HAVE TO ASSUME THAT THAT'S, THAT WAS THE DETERMINATION.
IT WAS WITHIN COMPLIANCE AND IT WAS CLOSED.
THAT'S, THAT'S MY ASSUMPTION AS WELL.
I MEAN, THAT'S, THAT'S ALL WE WE CAN DO.
I MEAN, BUT IF I WAS THE CITIZEN AND A CITY EMPLOYEE TOLD ME, WE DON'T ENFORCE THAT.
THAT'S A BIG OPEN QUESTION FOR ME.
WELL, PLAYING TELEPHONE HERE, RIGHT.
'CAUSE THE WHAT IFS AND EVERYTHING, I MEAN, THEY COULD HAVE SAID WE'RE NOT GONNA ENFORCE THAT.
IT'S BECAUSE THEY'VE ALREADY INVESTIGATED, THEY DON'T HAVE ANYTHING TO WITH ENFORCE.
SO WE'RE BASING THE HARDSHIP UPON THE FACT THAT, THANK YOU.
THAT THE, THAT THE CITIZENS ARE STATING THAT THE CITY SAID THAT THEY'RE NOT GONNA DO ANYTHING ABOUT THE RV, BUT THE RV IS GONNA BE GONE AT SOME POINT AND WE'RE GONNA PUT UP AN EIGHT FOOT FENCE, WHICH DOESN'T SEEM LIKE THAT BIG OF A DEAL TO BEGIN WITH, AS STEVE'S SAYING, BECAUSE THE REST OF THE NEIGHBORHOOD, THE, THE REST OF THE NEIGHBORHOOD HAD.
SO, SO GOING BACK A LITTLE BIT TO THE, TO THE SETBACK ISSUE, AND I KNOW WE, WE DIDN'T REALLY COME TO A CONCLUSION, BUT I'M FAIRLY CERTAIN THAT THIS RV IS IN IT WENT OUT THERE AND LOOKED AT IT THOUGH, AT LEAST ONE SETBACK.
[00:50:01]
THE, THE SLIDE THAT COMES OUT IS MAYBE A FOOT AND A HALF FROM THE FENCE.THE BACK OF IT IS PROBABLY IN THE SETBACK.
AND THERE WOULDN'T, A BUILDING WOULDN'T BE ALLOWED TO BE BUILT THERE.
BUT THE THING, THE THING THAT I SEE WITH WHAT YOU'RE, WHAT WITH WHAT YOU'RE SAYING IS THAT THE, THE CODE ENFORCEMENT OFFICER INVESTIGATED IT AND DETERMINED THAT IT WAS OKAY, BUT THE TESTIMONY WE HEARD WAS THAT THEY SAID THAT WE DON'T ENFORCE IT IN THAT AREA.
SO WE HAVE, AND, AND THE CODE WOULD SAY THAT IT HAS TO BE ON AN IMPROVED SURFACE.
THAT'S TODAY THOUGH, CODE ENFORCEMENT ISN'T, APPARENTLY THAT'S NOT GRANDFATHERED THOUGH.
FOR THE, FOR THE SERVICE OR ANYTHING LIKE THAT.
SO I, I, YOU KNOW, WE CAN WISH, BUT I WISH THEY WERE HERE, THEY'RE HERE TO GIVE THEIR SIDE THE OTHER SIDE'S NOT HERE.
SO WE HAVE TO USE THE TESTIMONY.
AND THEY WERE, THEY WERE INVITED TO BE HERE.
IS THAT WHAT THAT I HEARD THAT CODE ENFORCEMENT WAS INVITED, BUT THEY, THEY DIDN'T SHOW UP.
I WOULD LIKE TO, IF I MAY CHAIRMAN, YES, PLEASE.
IF IT WAS AN APPEAL, THEN THEY WOULD BE HERE.
SO STANDARD THEY DON'T ATTEND THIS.
IT DOES HAVE AN EXTRA ASSOCIATED COST WITH THAT.
UM, IF IT WAS AN APPEAL, THEY WOULD BE PRESENT.
AND, AND THE OTHER THING, LIKE I SAID, THEY, I MEAN THEY DID GO OUT THERE, RIGHT? THERE WAS, THERE WAS SOMEBODY THAT INVESTED.
I MEAN, I BELIEVE, YOU KNOW, SOMEBODY WENT OUT THERE AND INVESTIGATED IT.
IF, IF THE ORDINANCE SAYS IT HAS TO BE ON AN APPROVED SURFACE AND IT'S NOT, AND WOULD SAY I DIDN'T LOOK AT THAT THOUGH.
UM, THAT, THAT WOULD BE MY HOLD UP.
LIKE WHERE DO WE MAKE THAT EXCEPTION? WELL, WE'RE NOT, WE DON'T KNOW ABOUT THAT.
BUT THAT'S NOT, THAT'S NOT OUR THING TO DO.
I DIDN'T SEE IF IT WAS ON A SURFACE.
DID YOU CHECK AND SEE IF IT WAS ON, I DON'T THINK ANYBODY WAS OUT THERE TO LOOK AT THE SURFACE.
I'M LIKE LOOKING AT THAT THING AS LIKE, I'M LOOKING, I WONDER IF I WANNA BUY THIS OR
STEVE WILL, IF, IF YOU'LL ALLOW ME TO REDIRECT ONE MORE TIME.
UM, WHETHER IT'S ALLOWED OR NOT REALLY IS NOT AN ISSUE TONIGHT.
I THINK FOR THE BOARD AND ITS DELIBERATIONS TONIGHT, YOU HAVE TO ASSUME THAT IT, IT, THAT IT WILL STAY THERE.
WHETHER, WHETHER IT SHOULD BE ALLOWED OR NOT.
UH, THE CODE ENFORCEMENT, THE TESTIMONY IS CODE ENFORCEMENT HAS LOOKED AT IT AND DETERMINED IT CAN'T STAY.
AND SO THEREFORE IT WILL SEPARATE ISSUE.
AND IT'S A, YOU'RE ASKING FOR AN EIGHT FOOT FENCE ON THREE SIDES? IS THAT WHAT I UNDERSTAND? NO, JUST ON THAT SIDE.
IF YOU LOOK AT THE, THE BLUE MARKER, THEY'RE GOING SIDE YARDS.
IT'S, UH, YEAH, SO IT'S NOT ALL THE WAY UP TO HERE, BUT IT'S TO WHERE THE HOUSE IS.
SO IT WOULD BE THE ENTIRE FENCE AROUND IT.
THEY WOULD WANT AN EIGHT FOOT.
UM, I MEAN IF THIS ALL CENTERS AROUND THE RV YEAH.
YOU CAN GO AHEAD AND COME UP PLEASE AND RE RESTATE YOUR NAME SO THEY CAN HEAR SCOTT MILLER.
UM, ITEM C UH, THE GROUND FLOOR ELEVATION OF THE PRINCIPLE DWELLING ON UN BUDDING LOT IS AT LEAST FOUR FEET HIGHER THAN THE ELEVATION.
UM, SO CAN I MOVE MY MOUSE? CAN I MOVE THE MOUSE ON THIS TO SHOW SOMETHING? MM-HMM
SO THIS LOT IS CURRENTLY EMPTY, LIKELY WILL GET BUILT, AND THE ELEVATION OF THIS IS SIGNIFICANTLY HIGHER OF, OF THE ROAD RIGHT HERE IS SIGNIFICANTLY HIGHER THAN OUR ELEVATION.
SO IT'S, IT'S MY BELIEF THAT WHEN SOMEONE DOES BUILD ON THIS LOT, IT WILL BE, UH, SIGNIFICANTLY HIGHER.
I MEAN IT'S, IT'S FROM YOUR, THE BASE OF YOUR HOUSE TO THE FENCE.
SO YOU'D HAVE TO HAVE AN ELEVATION FROM THE, LIKE THE, I GUESS WHAT THE FOUNDATION TO THE, TO THE FENCE LINE? YEP.
MAYBE WHAT HE'S SAYING IS BECAUSE OF THE, AND YOU CAN CORRECT ME IF I'M WRONG, 'CAUSE OF THE TOPOGRAPHY, EITHER HIM OR THE NEIGHBORING LOT WILL PROBABLY MEET THE REQUIREMENT FOR A TALLER FENCE 'CAUSE OF THE, THERE, THERE'S A GOOD CHANCE THERE, THERE THERE'LL BE AN EIGHT FOOT FENCE THERE ANYWAY, IF SOMETHING GETS BUILT THERE.
IS THAT THE IMPLICATION OR, UM, YEAH, WHAT I WAS GETTING AT IS YES, I THINK THE HOUSE NEXT TO US ON THE, ON THAT SIDE WILL BE SIGNIFICANTLY HIGHER THAN US.
SO HAVING THAT TALLER FENCE WOULD, WOULD CERTAINLY BE, UM, YOU KNOW, WOULD, WOULD BE NICE AND MIGHT QUALIFY UNDER THIS SECTION HERE.
THAT, UH, POINT OF CLARIFICATION THAT IS BUILT INTO THE UDC AND THAT IS AN EXCEPTION PROVIDED BY RIGHT.
SO THAT DOES NOT REQUIRE APPEARANCE.
[00:55:01]
AND THEN MY ONLY OTHER THING ON THE DELAY, UM, ITEM, IF WE, IF WE PUSH, I FORGOT WHAT THAT WAS CALLED, BUT, UM, YEAH.A TABLE IT OR, YEAH, THE TABLE IS, UH, WE'RE SET TO, TO MOVE IN, UH, HERE SHORTLY.
AND, UM, THE, UH, BECAUSE OF THE POOL, I THINK WE HAVE A FENCE REQUIREMENT.
UM, SO THAT WOULD NOT BE IDEAL IF WE GOT PUSHED ANY FURTHER BECAUSE THEN WE WANNA KNOW IF WE COULD BUILD A SIX OR EIGHT FOOT.
SO I JUST WANTED TO THROW THAT IN THERE AS WELL.
I MEAN, I, I MIGHT CONSIDER DOING THAT ONE FENCE LINE TO TAKE CARE OF THE RV, WHICH SEEMS TO BE THE, THE REAL POINT.
'CAUSE THAT'S, AS I THINK BACK TO HOW WE'VE BEEN GUIDED ON THOSE THINGS BEFORE, I MEAN, WE COULD, WE COULD EVEN SAY AS FAR AS THE RV, RIGHT? YEAH.
AND THEN YOU HAVE TO TAPER OFF, BUT THE RV'S NOT GONNA BE THERE FOREVER.
BUT WE'RE GONNA HAVE TO ASSUME RIGHT NOW IT'S, IT'S A FOREVER RV.
UM, I, I THINK STEVE'S POINT'S, RIGHT? WE HAVE TO SEPARATE THE TWO.
WE TAKE BOTH SIDES OF WHAT WE'VE HEARD AND APPLY WHAT WE KNOW AND, AND MAKE A DETERMINATION ON.
AND, AND I THINK IT'S A POINT OF CLARITY.
IS IT THE WHOLE FENCE OR IS IT ONE LINE? UH, I THINK THE WHOLE, THE WHOLE REASON WHY IT'S STATED THAT WE'RE HERE IS BECAUSE OF THAT RV.
THAT'S, THAT'S THAT'S THE, THAT'S THE ALLEGED HARDSHIP.
UH, OR IT, IT'S WHERE THE, YOU KNOW, FROM WHERE THE HARDSHIP COMES, UM, YOU KNOW, IT, IT, IT, I, WHEN I EIGHT FOOT FENCE AROUND MY HOUSE, DUDE, I MEAN IT'S JUST, WE CAN'T, THERE'S A LOT OF PEOPLE IN BURNING POINT, BUT THE CODE IS SIX.
UM, I KNOW YOU HAVE SOMETHING, YOU HAVE SOME THOUGHTS
UH, OH, WE GOT BIG GUNS COMING AGAIN, JUST SCROLLING
OH, OH, THAT
OR, IT'S A FULL LOT, BUT IT'S THE HALF OF, THAT'S NOT FENCED TODAY.
AND THAT IS SOMEONE ELSE'S PROPERTY, OR YOU DON'T HAVE BOTH CORRECT.
UH, THERE USED TO BE A TIN TO FENCE ON ONE SIDE ON THE ALLEY, BUT IT WAS TORN DOWN ON THE PHONE BOX.
THAT ANSWERS WHAT I WAS LOOKING AT.
SOMEBODY'S GONNA HAVE TO PACKAGE THIS UP NICELY.
AND THERE'S OTHERS AS WELL THAT I, I I BELIEVE THAT WERE MISSED IN THERE.
AND, AND THE FLATS IS SUCH A UNIQUE AREA BECAUSE EVERYTHING IS DIFFERENT.
EVERY HOUSE IS DIFFERENT FROM THE NEXT ONE.
I THINK THE UDC TRIED TO PUT UNIFORM CODES THAT WOULD HOPEFULLY FIT EVERY SITUATION.
AND I THINK IN A LOT OF NEIGHBORHOODS, SIX FOOT FENCES MAKE A LOT OF SENSE.
AND I THINK IN SOME AREAS MAYBE THEY DON'T PROVIDE THE PRIVACY THAT THEY'RE MEANT TO PROVIDE.
AND I THINK THE HARDSHIP, BASED ON THE INFORMATION WE HAVE, OBVIOUSLY WE DON'T HAVE EVERYTHING, BUT THE HARDSHIP TO ME APPEARS TO BE POTENTIALLY THAT THERE'S SOME ORDINANCES THAT MAYBE AREN'T BEING ENFORCED.
SO WE'RE TOLD, UM, AND ALL THE NEIGHBORS SEEM TO BE FOR IT.
SO THOSE ARE THE FACTORS THAT ARE KIND OF WEIGHING ON ME.
SO IF YOU WERE TO PACKAGE THIS UP, WHAT WOULD YOU PROPOSE? ASK QUESTION.
LEMME ASK ANOTHER QUESTION REAL QUICK.
WITHOUT A VARIANCE, THEY COULD PUT A SIX FOOT PRIVACY FENCE, CORRECT.
[01:00:01]
SIDES.UH, ON THE SIDE AND REAR ON THE SIDE AND REAR ON THE FRONT.
THEY CAN DO ANYTHING IN FRONT OF THE HOUSE.
ESSENTIALLY IT'S THREE FEET, RIGHT.
OF OPAQUE AND UP TO FOUR WITH SOME TRANSECT.
ONCE YOU PASS THE FRONT OF THE SLAB, YOU HAVE TO BE THE SMALLER FENCE, RIGHT? CORRECT.
BACK IT, HERE'S THE RUBIK'S CUBE.
WELL, IT, IT, THE QUESTION IS, ARE YOU ACCEPTING THE FINDINGS AND APPROVING A VARIANCE REQUEST AND THEN ARE YOU PUTTING ANY CONDITION ON IT OR ARE YOU SAYING NO, WE SHOULD DENY THE REQUEST? I THINK YOU'RE SAYING ACCEPT THE REQUEST, BUT I, YOU KNOW, IN FOR, FOR THE REASON OF TRYING TO MAKE A DECISION BASED ON WHAT WE'RE PRESENTED TODAY, I THINK THAT WE CAN'T PLAY WHAT IF.
AND WE HAVE TO MAKE A DECISION BASED ON WHAT WAS PRESENTED TODAY.
WOULD YOU CONSIDER TABLING IT AND GETTING MORE INFORMATION OR IS THAT A SEPARATE ISSUE? NOT RELEVANT AND THEY NEED TO GO BACK TO CODE ENFORCEMENT? I, I THINK IT'S A SEPARATE ISSUE SIMPLY BECAUSE MY GUESS IS SIX FOOT FENCE OR EIGHT FOOT FENCE.
I, IF THAT RV SHOULD NOT BE THERE, THEY'RE GONNA PURSUE IT BECAUSE EVEN WITH AN EIGHT FOOT FENCE, IT STILL IS, THEY'VE GOT A 10 TO 12 FOOT RV, AT LEAST 12 FOOT.
AND THEIR BELIEF SHOULDN'T BE THERE BY, BY CODE.
LIKE I'M STILL DESIGNATE YOU, I'LL MAKE A MOTION.
I WOULD MOVE THAT THE ZONING BOARD OF ADJUSTMENT EXCEPT THE FINDINGS AND APPROVE THE VARIANCE REQUEST.
EIGHT FOOT FENCE AS DESCRIBED WITH THE CAVEATS OF, WITH REGARD TO THE FRONT YARD AND ALL THAT.
SO, SO IF I UNDERSTAND CORRECTLY, YOU'RE MAKING THE MOTION TO APPROVE AN EIGHT FOOT FENCE ON THE REAR AND SIDES UP TO THE FRONT BUILDING LINE? YES SIR.
AND, AND IF AND IF THAT WERE TO FAIL, CAN WE COME BACK AND SAY, OKAY, WELL CAN WE VOTE ON TABLING IT? YOU WOULD NEED TO TAKE ACTION ON THAT MOTION OR AN ALTERNATE MOTION, BUT UH OKAY.
SO THAT MOTION COULD FAIL AND SOMEBODY COULD PROPOSE ANOTHER MOTION? YES.
YOU'LL SECOND STEVE'S MOTION? YEAH.
ALRIGHT, WELL ALL THOSE IN FAVOR OF APPROVING DO I HAVE YAYS? WOW, YOU GOT FIVE OUT OF FIVE.
SOMETIMES IT JUST TAKES STEAM TO JUST LIKE SAY SOMETHING
I WOULD BE INTERESTED IN THAT TRAILER THOUGH, BECAUSE IT HAS TWO
IT, IT HAS TWO AC UNITS AND MINE ONLY HAS ONE.
MR. CHAIRMAN, ARE WE ADJOURNED, SIR? WHAT'S THAT? WE HAVE NO STAFF COMMENTS.
ARE WE ADJOURNED? WE ARE ADJOURNED.