[00:00:05]
[1. CALL TO ORDER – 5:30 PM]
EVENING EVERYBODY.I'M GONNA CALL TO ORDER TONIGHT FOR THE, UH, ZONING BOARD OF ADJUSTMENTS AND APPEALS MEETING.
[2. CONFLICT OF INTEREST DECLARATION]
FIRST OF OFF, IS THERE ANY MEMBER HERE TONIGHT THAT HAS A CONFLICT OF INTEREST? NO.[3. DESIGNATE VOTING MEMBERS]
THAT WE NEED FIVE VOTING MEMBERS AND WE HAVE FIVE PEOPLE HERE, UH, I WILL BE DESIGNATING THE REGULAR MEMBERS, RICHARD AND JOSH, UH, AND THEN WELCOMING, UH, MELANIE AND LAURA, UH, TO BEING ABLE TO VOTE.AND, UH, WE CERTAINLY WANT TO HEAR FEEDBACK FROM, FROM EVERYONE.
[4 APPROVE MINUTES OF MARCH 18, 2026]
UM, NEXT, I'D LIKE TO GO AHEAD AND, UH, SEE IF SOMEBODY WOULD LIKE TO SAY SOMETHING ABOUT THE MINUTES.YOU WANT ME TO JUST POINT OUT THE, THE ONE MISTAKE THAT WAS ON THIS? YEAH.
SO ON PAGE THREE, UM, UNDER PUBLIC COMMENT, YOU HAVE CHAIR BERGMAN OPEN THE MEETING.
IT WAS ACTUALLY JOSH, SHIRLEY BERGMAN WAS NOT HERE THAT DAY.
SO, UH, WITH THAT CHANGE, WE CAN, DO WE HAVE A MOTION FOR THE UPDATED MINUTES? A MOTION TO APPROVE THE EDITED MINUTES? SECOND.
LET IT BE KNOWN IT WAS UNANIMOUS
UM, NOW AT THIS TIME, UH, WE HAVE THIS OPPORTUNITY FOR VISITORS AND GUESTS WITHIN THE, UH, THE ROOM TODAY, UH, TO ADDRESS THE ZONING BOARD OF ADJUSTMENTS AND APPEALS ON, ON ANY, ON ANY ISSUE, UM, IN COMPLIANCE WITH LOCAL GOVERNMENT CODE SECTION 5 5 1 0.007.
UH, THE ZONING BOARD OF ADJUSTMENTS AND APPEALS MAY NOT DISCUSS ANY PRESENT ISSUE, UH, NOR MAY WE TAKE ANY ACTION ON ANY ISSUE AT THIS TIME.
SO ESSENTIALLY WHAT THAT MEANS IS THAT YOU CAN FEEL FREE TO COME UP HERE AND DISCUSS ANYTHING THAT YOU'D LIKE, JUST NOT ANYTHING THAT'S ON THE AGENDA TONIGHT.
SO WE'D LIKE TO OPEN IT UP TO IF ANYBODY WOULD LIKE TO COME FORWARD.
SO I'M GONNA GO AHEAD AND THERE WAS A HAND, OH, THERE WAS A HAND.
I DON'T KNOW IF THIS IS THE ORDER OF A, I THINK WITH REQUEST, BUT I DON'T SEE MY CUSTOMER'S NAME ON THERE.
I'M CONCERNED THAT MAYBE 1, 2, 3, 4, 5, THAT'S NOT WHAT YOU'RE LOOKING AT, TRAVIS.
OH, NO, WE WANT TO HEAR FROM YOU LATER.
SO, UM, WE ARE HERE TODAY AND THIS EVENING AS, AS YOUR NEIGHBORS AND, UM, YOU KNOW, A A NUMBER OF US ALSO OWN HOMES AND WE, WE WANT TO DO THINGS, UH, TO OUR HOMES AND PROPERTY.
AND SOMETIMES, UH, THERE ARE CODES THAT, UH, CONFLICT WITH, WITH OUR DESIRES AND SOMETIMES WE DON'T UNDERSTAND WHY.
AND YOU GO TO THE CODE AND IT EXPLAINED, AND THEN YOU CAN COME BEFORE THE, UH, BOARD OF ADJUSTMENTS AND MAKE AN APPEAL FOR, FOR A VARIANCE.
THERE ARE FIVE DIFFERENT STIPULATIONS THAT ARE MAPPED OUT WITHIN THE PAPERWORK THAT, UH, EVERYONE RECEIVED.
NOT THREE OUTTA FIVE, BUT ALL FIVE OF THOSE SHOULD BE MET IN ORDER TO, UH, HAVE APPROVAL.
UM, THERE ARE TIMES, UH, IN GOOD FAITH TO WHERE WE SEE, UH, SOMETHING AGAIN, WE'RE YOUR NEIGHBORS.
UH, THERE'S A HARDSHIP OF SORTS AND WE CAN, YOU KNOW, DISCUSS, UH, APPROVING THAT VARIANT.
UM, AGAIN, WE'RE YOUR NEIGHBOR.
WE LIKE TO DO STUFF, WE WANNA DO THAT AS WELL.
BUT AT ANY TIME, IF THERE'S ANYTHING THAT HAS TO DO WITH SAFETY, UM, THAT'S GONNA BE A LOT DIFFERENT.
UM, SO, UM, WHEN YOU COME UP, WHAT WE'D LIKE YOU TO DO IS, IS GO AHEAD AND HELP US TO UNDERSTAND, UH, THE SITUATION THAT YOU'RE IN, UM, THE VARIANCE ITSELF, UH, OR YOUR HARDSHIP, AND WE WILL GET MOVING FORWARD.
[Items 6 & 7]
UH, I'D LIKE TO GO AHEAD AND AGAIN, OPEN THE PUBLIC HEARING ITEM FOR DISCUSSION IS CONSIDERING VARIANCE 26 DASH ZERO SIX A REQUEST FROM BROWN AND MCDONALD'S, PLLC ON BEHALF OF, UH, PARDON ME, BUT JAMON KIRKWOOD AND MARIA DEMAR PEREZ KHO, UM, REQUESTING A VARIANCE TO THE CITY OF VERNA, UDC CHAPTER FOUR, SECTION 4.1, FOUR POINT B ONE TO ALLOW A FOUR FOOT FENCE OR WALL IN THE FRONT YARD THAT WOULD OBSCURE VISION ABOVE A HEIGHT OF THREE FEET, UH, FOR MIN SPRINGS UNIT, A UNIT THREE A BLOCK, ONE LOT, 2 58, 96 CABIN SPRINGS.UM, WOULD THE CITY LIKE TO COURSE YOU? YES.
UM, CHAIR, UH, MY NAME IS JOANNE MARIE ANDRADE.
[00:05:01]
WITH THE CITY, AND I'LL PRE BE PRESENTING TONIGHT'S, UH, VARIANCE.UH, THE VARIANCE, AS YOU SAID, IS FOR 96 CABIN SPRINGS.
THE SUBJECT PROPERTY SHOWN HERE, OUTLINED IN GREEN, IS APART APPROXIMATELY 2.583 ACRES AND LIES WITHIN THE MANGER SPRINGS.
THE APPLICANT IS BROWN AND MCDONALD ON BEHALF OF THE PROPERTY OWNERS, UM, HAMIN KIRKWOOD AND MARIA DELMAR PEREZ KEHO.
THE SUBJECT PROPERTY IS ZONED RM MANOR RESIDENTIAL.
THE SURROUNDING AREAS INCLUDE BOTH RM AND R ONE L, LOW RESIDENCE, UH, LOW DENSITY RESIDENTIAL MANGER.
SPRINGS IS PRIMARILY ZONED R ONE L WITH SEVERAL PARCELS ALONG THE EASTERN MOST EXTENSION OF CABIN SPRINGS RIGHT HERE, DESIGNATED R ONE M.
THE APPLICANT IS REQUESTING A VARIANCE TO UDC CHAPTER FOUR, SECTION FOUR FOUR B ONE.
THE REQUEST IS TO ALLOW A FOUR FOOT FENCE OR WALL AT THE FRONT OF THE PROPERTY LINE TO OBSCURE VISION ABOVE A HEIGHT OF THREE FEET.
THE PROPOSED HEIGHT IS, UH, THE PROPOSED HEIGHT OF FOUR FEET IS ALLOWED BY THE UDC IN THE FRONT YARD.
HOWEVER, THE UDC ALSO STATES THAT FENCES AND WALLS MAY NOT OBSCURE VISION ABOVE THREE FEET.
THEREFORE, THE VARIANCE IS RELATED TO VISIBILITY AND NOT THE OVERALL, UM, HEIGHT OF THE FENCE.
WALL GATE PUBLIC NOTICE WAS MAILED TO 29 PROPERTY OWNERS WITHIN 500 FEET ON MAY 4TH, 2026.
AND NOTICE WAS PUBLISHED IN THE BERNIE STAR ON MAY 3RD.
AS OF JUST A FEW MINUTES BEFORE THIS MEETING, THE CITY RECEIVED SEVEN RESPONSES.
THEY RECEIVED EIGHT RESPONSES, FOUR IN FAVOR, AND FOUR OPPOSED, UH, FOR THE IN FAVOR.
1 1, 1 RESPONSE WAS FROM THE 500 FOOT NOTIFICATION AREA.
SO THEY'RE RESPONDING TO THE LETTER THAT THEY RECEIVED.
AND THEN FOR ONE, ONE OF THE OPPOSED RESPONSES WAS ALSO FROM THAT NOTIFICATION AREA, THE OPPOSED RESPONSES FOCUSED ON NEIGHBORHOOD CHARACTER AND AESTHETICS, VISIBILITY OF HOMES FROM THE STREET, POTENTIAL PRECEDENT FOR ADDITIONAL FRONT YARD PRIVACY FENCING, CONSI CONSISTENCY WITH HOA GUIDELINES AND RESTRICTIONS AND POTENTIAL IMPACTS TO NEIGHBORHOOD APPEARANCE AND PROPERTY VALUES.
I DO WANNA MENTION THAT, UM, THE CITY DOES NOT ENFORCE OR UPHOLD HOA, UH, GUIDELINES OR RESTRICTIONS.
THAT'S PURELY, UM, A FUNCTION OF THAT ORGANIZATION.
THIS SLIDE SHOWS THE APPLICABLE UUDC STANDARD IN THE FRONT YARD.
A FENCE OR WALL MAY BE UP TO FOUR FEET IN HEIGHT.
HOWEVER, THE SAME SECTION ALSO STATES THAT NO FENCE OR WALL MAY OBSCURE VISION ABOVE THREE FEET.
THE PROPOSED FENCE AND GATES ARE FOUR FEET TALL, AND, UM, THEIR PROPOSAL WOULD BE TO OBSCURE ABOVE THE FOUR THREE FOOT THRESHOLD.
UM, SO THIS IS JUST AN ILLUSTRATION.
IT DOESN'T REPRESENT ANY OF THE PROPOSED DESIGN ELEMENTS.
IT'S JUST SHOWING THAT WHAT'S ALLOWED IS A FOUR FOOT WALL FENCE OR GATE.
YOU CAN OBSCURE VISION PAST, UH, BELOW THREE FEET, AND WE REQUIRE OPEN VISIBILITY.
AND THIS IS REQUIRED FOR ALL RESIDENTIAL PROPERTIES WITHIN, UM, THE CITY LIMITS FOR EXISTING CONDITIONS.
THE PROPERTY HAS TWO DRIVEWAY ENTRANCES FROM CABIN SPRINGS.
THE APPLICANT STATES THAT THE HOME IS SET BACK FROM THE STREET AND IS LOCATED UPHILL FROM THE FRONT PROPERTY LINE.
THIS STREET PHOTO SHOWS A SLOPED FRONT YARD, AS YOU CAN SEE HERE, UM, THESE EXISTING LIMESTONE BLOCKS AND AN ELEVATED BUILDING PAD.
UH, THESE CONDITIONS ARE RELEVANT TO THE APPLICANT'S STATED REASONS FOR REQUEST.
IT'S A LITTLE BIT TOUGH TO SEE HERE, BUT, UM, THIS IS ONE DRIVEWAY ENTRANCE.
THEY'RE PROPOSING, UM, THE LIMESTONE BLOCKS TO HIT AT FOUR FEET, AND THEN THE FOUR FEET GATES AT EACH ENTRANCE.
HERE'S THE BUILDING PAD, AND IT IS SLIGHTLY, UM, UPHILL.
THE PROPOSED FENCE WOULD CURVE ALONG THE FRONT OF THE PROPERTY.
THE FRONT PROPERTY LINE IS APPROXIMATELY 297 FEET.
THE PROPOSED FENCE INCLUDES STACKED SOLID LIMESTONE BLOCK SEGMENTS, TOTALING APPROXIMATELY 238 FEET.
AND THE TWO METAL GATES ACROSS THE PROPERTY'S DRIVEWAY TOTALING 70 FEET.
BOTH THE LIMESTONE BLOCKS AND THE METAL GATES ARE PROPOSED AT FOUR FEET TALL.
NEXT ARE THE REQUIRED FINDINGS OF FACT.
FOR THE VARIANCE REQUEST FOR THE FIRST FINDINGS, STAFF FINDS THAT LITERAL ENFORCEMENT WOULD REQUIRE THE APPLICANT TO USE A COMPLIANCE, A COMPLIANT FENCE OR
[00:10:01]
GAIT DESIGN.HOWEVER, THE LOT DOES NOT HAVE UNUSUAL CONSTRAINING FEATURES THAT REQUIRE OFFENSE OR WALL TO OBSCURE VISION ABOVE THREE FEET.
FOR THE SECOND FINDING, THE REQUEST WOULD NOT AUTHORIZE A NEW OR DIFFERENT USE.
THE PROPERTY WOULD REMAIN RESIDENTIAL CONSISTENT WITH THE USES ALLOWED IN THE RM ZONING DISTRICT.
FOR THE THIRD FINDING, THE APPLICANT IDENTIFIES THE HOME SETBACK AND UPHILL LOCATION AS UNIQUE CIRCUMSTANCES.
STAFF ANALYSIS FINDS THAT THOSE CONDITIONS ARE NOT UNIQUE TO THIS PROPERTY AND ARE CHARACTERISTIC OF THE SURROUNDING, UH, RESIDENTIAL NEIGHBORHOOD.
FOR THE FOURTH FINDING, THE FENCE VISIBILITY STANDARDS ARE INTENDED TO MAINTAIN AN OPEN STREET SCAPE AND NEIGHBORHOOD CHARACTER.
THE PROPOSED OPAQUE FENCE MATERIALS WOULD CREATE A GREATER SENSE OF ENCLOSURE THAN IS TYPICALLY PERMITTED.
AND FINALLY, FOR THE F FINDING, FOR THE FIFTH FINDING, STAFF FINDS THE VARIANCE IS NOT LIKELY TO NEGATIVELY AFFECT PUBLIC SAFETY.
UM, PUBLIC SAFETY, PUBLIC HEALTH AND WELFARE.
UH, THE PROPOSED OPAQUE FENCE MATERIALS, UM, ARE PRIMARILY RELATED TO AESTHETICS, OPEN STREET, SCAPE, AND NEIGHBORHOOD CHARACTER.
WAIT, SAY, CAN YOU REPEAT WHAT YOU JUST SAID PLEASE? SURE.
SO FOR THE FIFTH AND, UH, FOR THE FIFTH, FINDING THAT THERE IS NO ADVERSE IMPACT ON PUBLIC HEALTH, WELFARE AND SAFETY.
UM, IT'S NOT AFFECTED THE VARIANCE, UH, THE VISIBILITY REQUIREMENT IS AESTHETIC STREETSCAPE STAFF RECOMMENDS THAT THE ZONING BOARD OF ADJUSTMENT HOLD A PUBLIC HEARING AND DETERMINE IF THE CRITERIA FOR A VARIANCE HAS BEEN MET AND APPROVE OR DENY THE VARIANCE REQUEST FROM BROWN AND MCDONALD ON BEHALF OF HAMIN KIRKWOOD AND MARIA DELMAR PEREZ KEHO REQUESTING A VARIANCE TO THE CITY OF BURN UDC CHAPTER FOUR, SECTION FOUR FOUR B ONE TO ALLOW A FOUR FOOT FENCE OR WALL AT THE FRONT OF THE PROPERTY TO OBSCURE VISION ABOVE A HEIGHT OF THREE FEET FOR MENGER SPRINGS.
UNIT THREE, A BLOCK ONE LOT, TWO 50 A, UH, 2.583 ACRES LOCATED AT 96 CABIN SPRINGS.
THAT CONCLUDES, UH, STAFF'S PRESENTATION.
THESE ARE YOUR MOTIONS FOR CONSIDERATION, BUT WE DO HAVE AN APPLICANT RES REPRESENTATIVE HERE THAT HAS A PRESENTATION AS WELL.
WHEN, UM, YOU STATED THAT THE, THE APPLICANTS ARE SAYING THAT IT'S A UNIQUE CIRCUMSTANCE BECAUSE OF THE PROPERTY'S ELEVATION, CAN YOU TELL WHAT IS THE, WHAT IS THE UDC CODE ON THE ELEVATION? THERE ISN'T A UDC CODE ON THE ELEVATION THAT WILL ALLOW, UM, THAT WOULD QUALIFY AS A CIRCUMSTANCE THAT WOULD ALLOW, YOU KNOW, VARIANCES TO THE PROVISION.
UM, AND SO, WELL, MY, MY QUESTION IS, YOU, THERE ARE PROVISIONS WITHIN THE UDC THAT STATE THAT IF A HOUSE IS ELEVATED A CERTAIN AMOUNT FROM A ROAD, AND I'M NOT SURE WHAT, IT COULD BE A, A FEEDER ROAD ONLY.
THAT IS A GOOD QUESTION THAT BECAUSE IF WE STATE HERE THAT IT'S NOT UNIQUE TO THE, YOU KNOW, OR HOWEVER THESE FEATURES ARE NOT UNIQUE, THE SITE LAYOUT AND BEARING ELEVATION ARE CHARACTERISTIC OF THE RESIDENTIAL NEIGHBORHOOD.
I JUST REALLY WANT TO UNDERSTAND THAT BETTER.
AND, AND IF WE COULD FIND THAT OUT AND, SORRY, SPURS FANS, I'D LIKE TO UNDERSTAND THE, UH, THE EDC POSITION ON THE ELEVATED HOUSE.
UH, RESEARCH WHILE WE HAVE THE APPLICANT REPRESENTATIVE, I WILL CLARIFY THAT THE FINDING OF FACT CRITERIA IS, UM, STATED AS UNIQUE CIRCUMSTANCES RELATED TO THE PROPERTY IN PARTICULAR AND GENERAL CONDITIONS.
AND SO THE FINDING FOR THERE IS THAT WHILE THE CIRCUMSTANCE THAT WAS STATED IS UNIQUE, IT DOESN'T HAPPEN EVERYWHERE.
IT IS CHARACTERISTIC OF THE NEIGHBORHOOD.
IT'S NOT SOMETHING, IT'S NOT, UM, IT'S NOT UNIQUE TO THE PROPERTY, THE HILL COUNTRY.
GOOD EVENING, CHAIR BERGMAN AND BOARD MEMBERS.
MY NAME IS MIA MARIE PUGH WITH BROWN AND MCDONALD LAW FIRM HERE ON BEHALF OF THE PROPERTY OWNER OF, UM, YOU KNOW, 96 CABIN SPRINGS WITH ME TODAY.
I ALSO HAVE MR. GOODRICH, WHO IS A CONSULTANT TO THE PROJECT TO ANSWER KIND OF ANY MORE DETAILED QUESTIONS Y'ALL MAY HAVE.
[00:15:01]
SO Y'ALL ARE AWARE KIND OF WHERE THE PROPERTY IS SITUATED.SO THIS IS WHAT WE ARE PROPOSING.
UM, SO WE ARE HERE TO RESPECTFULLY REQUEST A VARIANCE FROM THE UDC SECTION FOUR DASH FOUR TO ALLOW THAT ONE ADDITIONAL FOOT OF SOLID FITS.
SO WE'RE NOT GOING ABOVE WHAT THE CODE HAS SET AS MAXIMUM.
WE'RE JUST ASKING FOR THAT ONE SOLID TO KEEP EVERYTHING A STRAIGHT LINE.
SO AS YOU CAN SEE FROM THIS RENDERING, IT'S GOING TO, THEY PLAN ON UTILIZING THOSE STANDARD LANDSCAPING LIMESTONE BLOCKS.
UM, ALSO YOU CAN CLEARLY STILL SEE THE HOUSE.
UM, SO THIS IS MORE OF A SECURITY FENCE, I WOULD SAY, VERSUS A PRIVACY FENCE.
I UNDERSTAND FROM SOME OF THE FEEDBACK FROM THE COMMUNITY AND FROM STAFF'S REPORT THAT NO ONE WANTS TO WALK OR DRIVE AROUND IN A COMMUNITY WHERE THERE'S WALLS UP.
THIS HOUSE IS STILL FULLY VISIBLE.
UM, ANYONE WALKING BY CAN, YOU KNOW, ADMIRE, YOU KNOW, THIS BEAUTIFUL HOME AND CREATE THAT OPEN ATMOSPHERE IN THE COMMUNITY.
SO THIS, UH, THE GATE PORTION OF IT, UM, IS A FOUR FOOT CUSTOM GATE DESIGNED BY VOSS INTERNATIONAL.
UM, SO IT'S GONNA CONSIST OF A STEEL FRAME WITH SOME WOOD ACCENTS.
UM, THE KEY IS THAT THIS IS GOING TO BE A RAM RESISTANT.
SO A CAR WILL NOT BE ABLE TO, YOU KNOW, DRIVE THROUGH AND ACCESS THE HOME.
UM, I WAS A LITTLE WORRIED ABOUT, YOU KNOW, FIRE OR EMS IF THERE WAS AN EMERGENCY CONSIDERING THE GATE, YOU KNOW, IT WAS GONNA BE RAN PROOF, BUT THERE WILL BE A KEYPAD AND OR A NOX BOX FOR EMERGENCY SERVICES TO ACCESS THE PROPERTY SHOULD ANYTHING GO WRONG.
SO AS YOU CAN SEE FROM THIS RENDERING, THERE'S GOING TO BE A 23 FOOT SETBACK FROM THE ROAD.
SO THIS ACCOMPLISHES TWO THINGS.
ONE, UM, IT HELPS MAINTAIN THAT OPEN STREET SCAPE AS YOU SAW FROM THAT FIRST IMAGE.
AND TWO, IT ALLOWS THE VEHICLES TO SAFELY QUEUE AT THE GATE WHILE THE GATE OPENS.
AND ENSURING THAT A CAR IS NOT STICKING OUT ON CABIN SPRINGS.
I MEAN, IT IS A CUL-DE-SAC, BUT STILL THE CARS WILL BE THERE.
AND THEN WHEN THEY LEAVE THE PROPERTY, THEY HAVE CLEAR VISION TO LOOK LEFT, LOOK RIGHT, AND THEN TAKE OFF.
SO AS STAFF STATED, UM, THERE ARE FIVE FINDINGS OF FACT THAT WE HAVE TO PROVE UP.
THE FIRST ONE, A LITERAL ENFORCEMENT, THE PROVISIONS OF THE REQUIREMENT WILL RESULT IN A UNNECESSARY HARDSHIP.
SO THE FINS HEIGHT PROVISION IS INTENDED TO BALANCE RESIDENTIAL SECURITY WITH MAINTAINING THAT OPEN STREETSCAPE.
HOWEVER, DUE TO THE UNIQUE TOPOGRAPHY, UM, WITH A HOUSE SITUATED SO HIGH, UM, THAT BALANCE IS JUST NOT ACHIEVED HERE.
THE STRICT COMPLIANCE WITH THE PROVISION WOULD DISPROPORTIONATELY LIMIT THE PROPERTY OWNER'S ABILITY TO JUST MAINTAIN THAT SENSE OF SECURITY.
AND THAT EXTRA ONE FOOT IS NOT GONNA HURT, YOU KNOW, THE PUBLIC OR MAKE ANY KIND OF IMPACT ON YOUR VISUAL SENSE FINDING.
THE FACT NUMBER TWO, UM, THE VARIANCE WILL NOT AUTHORIZE ANY USE OTHER THAN THE USE ALLOWED IN ITS CURRENT ZONING DISTRICT.
SO WE'RE, AGAIN, IT'S JUST THAT ONE FOOT FENCE.
NUMBER THREE, I WOULD ARGUE THAT THE PROPERTY DOES HAVE UNIQUE TOPOGRAPHY.
NO PROPERTY IN THE HILL COUNTRY IS GOING TO BE EXACTLY THE SAME.
THE PLACEMENT OF WHERE A HOME CAN BE DIFFERS DEPENDING ON THE ANGLE OF THE PROPERTY, IF IT'S LIMESTONE UNDERNEATH OR ANYTHING LIKE THAT.
SO I RESPECTFULLY DO STATE THAT, UM, IT IS UNIQUE.
THE PROPERTY IS SITUATED UP HIGH, AND BECAUSE OF WHERE IT HAD TO BE SITUATED, IT CREATES A BLIND SPOT DOWN BELOW.
AND FOR THEM THAT CREATES A SECURITY RISK.
THEY DON'T KNOW IF SOMEONE IS COMING UP THEIR PROPERTY.
SO HAVING THAT FOUR FEET BARRIER JUST GIVES THEM THAT PEACE OF MIND THAT THEY NEED.
NUMBER FOUR, UM, THE VARIANCE WILL NOT SUBSTANTIALLY WEAKEN THE GENERAL PURPOSE OF THIS ORDINANCE OR ANYTHING LIKE THAT.
THE UDC RA CIE FENCE IS TO BE UP TO FOUR FEET.
ALL WE'RE ASKING FOR IS THAT JUST ONE LITTLE FOOT, WHICH WILL MAKE A BIG DIFFERENCE TO US, BUT WILL MAKE A BIG DIFFERENCE AT ALL TO THE OPENNESS AND NEIGHBORHOOD VISIBILITY.
AND FIVE, I MEAN, THERE'S GONNA BE NO EFFECT TO THE PUBLIC HEALTH, SAFETY OR WELFARE.
THE ONLY ARGUMENT I COULD COME UP WITH
[00:20:01]
IS, YOU KNOW, CARS BACKING UP, BUT THAT KIND OF GOES BACK TO THAT 23 FOOT SETBACK.UM, LIKE A KING RANCH FORD F-150, THEY'RE 19 FEET LONG, A CADILLAC ESCALADE, THEY'RE 17 FEET LONG, SO THERE'S PLENTY OF ROOM FOR A CAR TO COMFORTABLY, YOU KNOW, PARK THERE, PUT IN THE KEY CODE AND ENTER AND EXIT THE PROPERTY.
SO I RESPECTFULLY REQUEST APPROVAL OF THIS ONE FOOT VARIANCE.
UM, I'M HERE TO ANSWER ANY QUESTIONS ALONG, UM, WITH THE CONSULTANT HERE.
SO I, I'M NOT SURE, I MEAN, YOU, YOU KEEP ON STATING THAT IT'S NOT THAT BIG OF A DEAL.
I MEAN, YOU, THERE'S THREE FEET OF SOLID LIMESTONE IS GONNA BE UN MABLE.
UM, I MEAN, WOULD YOU AGREE TO THAT? YES.
BUT AGAIN, BECAUSE OF THE TOPOGRAPHY, SO FOR OUR CLIENT'S POINT OF VIEW, UHHUH
WELL, AND THE, THE OTHER THING IS THAT YOU WERE TALKING ABOUT HOW THEY WORRY ABOUT SEEING DOWN.
BUT WOULDN'T YOU SAY THAT IF SOMEBODY WAS HIDING ON THE OTHER SIDE OF A TALLER FENCE, THAT THAT WOULD GIVE THEM MORE ROOM TO HIDE? AND THEN FURTHERMORE, I WOULD ALSO ASK THAT WHEN YOU SAY THAT IT DOESN'T HURT THE PUBLIC, YOU KNOW, IN ANY WAY SAFETY, I MEAN, I WOULD GUESS THAT THERE ARE REASONS WHY THERE'S A CERTAIN NEED FOR VISIBILITY ON THE, ON THE TOP 25% OF A FOUR FOOT FENCE.
SO, I MEAN, I JUST WANNA MAKE SURE THAT WHEN YOU'RE SAYING THESE THINGS THAT THEY, YOU KNOW, THEY, THEY STICK.
SO THREE FEASTS, UN MABLE, IF IT'S ELEVATED ANY HIGHER, THEY DON'T HAVE BETTER VISIBILITY, THEY HAVE LESS VISIBILITY.
UM, YOU ALSO CAN TAKE, IF, IF IF THE AESTHETIC OF HAVING TWO THOSE THINGS, THOSE STONES COME IN ALL KINDS OF SIZES.
SO YOU COULD REASONABLY HAVE THREE FEET STACK TOO HIGH.
AND ALSO, I MEAN, YOU HAVE FOUR, FOUR OF THE NEIGHBORS THAT ARE SAYING THAT THEY DON'T WANT IT.
SO I, I JUST WANT TO UNDERSTAND THE, THE HARDSHIP OF THE, THE ELEVATION, THAT DOESN'T MAKE ANY SENSE ANYMORE.
YOU CAN KEEP IT STRAIGHT AT THREE FEET.
THERE ARE REASONS WHY THE UDC HAS A CODE THAT THE TOP 25% IS VISIBLE.
BUT IN THIS SITUATION, UM, BECAUSE OF THAT CUSTOM GATE, I AGREE WITH THE, MAYBE THE LIMESTONE, BUT THAT GATE, IT HAS TO BE FOUR FEET WITH THE WAY THAT IT'S BEEN DESIGNED.
ANY SECURITY QUESTIONS I'M GONNA YIELD OVER TO THE CONSULTANT.
UM, BUT ANOTHER ASPECT IS THIS IS A FAMILY.
THEY HAVE YOUNG KIDS, THEY HAVE DOGS, AND THE, IT'S LESS HIGH ON THEIR SIDE.
SO A KID CAN JUMP IT, THEIR DOGS CAN JUMP IT.
AND BEING IN THE HILL COUNTRY, THAT'S A SLIGHT FEAR OF THEIRS.
AND ALL THAT'S WEIGHED OUT IN THE UDC WHEN THEY PREPARED THE UDC ITSELF AND THE CA CODES OR TAKE INTO CONSIDERATION ALL THAT.
AND IF YOU HAVE ANY, ANY SECURITY QUESTIONS, IF YOU WOULD LIKE TO COME UP BOARD MEMBERS, THANK YOU FOR VOLUNTEERING YOUR TIME TO KEEP OUR COMMUNITY BEAUTIFUL.
I'M A BERNIE RESIDENT, UH, AND HAPPY TO ANSWER ANY QUESTIONS OR CONCERNS.
UH, ONE OF THE THINGS THAT I DIDN'T HEAR COME UP IS WHEN WE LOOKED AT THE UNIQUE TOPOGRAPHY OF THIS, UH, OF THIS PARTICULAR DEVELOPMENT, UH, IN PARTICULAR THIS PARTICULAR LOT, UH, IT WAS NOT GONNA, IT WASN'T GONNA LEND ITSELF ON THE TECHNOLOGY SIDE FOR US TO BE ABLE TO COVER ALL OF THE ANGLES THAT SOME WOULD COULD COME OVER THE FENCE.
SO OUR SUGGESTION WAS, UH, TO USE, UH, WORKING DOGS, TWO TRAINED ANIMALS, UM, THE REASON WHY WE CAME IN AT FOUR FEET, NOT JUST THE AGE OF THE CHILDREN THAT RESIDE IN THE RESIDENCE, UH, BUT ALSO NEIGHBORS OR SOMEBODY WALKING THEIR DOG UP AND DOWN THE STREET THAT FOUR FEET.
BECAUSE OF THAT GRADUAL, THAT THAT GRADE INCREASE UP TO THE HOUSE, WE FELT LIKE WOULD, UH, LIMIT VISIBILITY AND THE ABILITY OF A DOG TO EITHER COME OVER THE FENCE TO TRY AND ATTACK THESE WORKING DOGS, UH, WHO WILL BE CONTAINED WITH INSIDE AN ELECTRONIC PERIMETER AS WELL.
BUT AS WE ALL KNOW, ELECTRONICS FAIL, YOU KNOW, ALL OF THESE THINGS.
AND SO IT'S JUST ANOTHER REDUNDANCY THAT WE'RE LOOKING AT, NOT JUST FOR THE SAFETY OF THOSE THAT LIVE IN THE NEIGHBORHOOD, BUT ALSO OF THE ANIMALS ON THE OTHER SIDE THAT ARE THERE TO EFFECTIVELY, UH, ALARM SOMEONE IF THERE ARE PEOPLE ON THE PROPERTY.
BUT THERE ARE WAYS RIGHT, WHERE YOU COULD BLOCK IT, BUT HAVE IT LESS OPAQUE OR NOT OPAQUE, CORRECT.
I MEAN, YOU COULD HAVE IT TO WHERE THERE WAS A METAL,
[00:25:01]
YOU KNOW, TWO BY TWO BEAM GOING ACROSS AND IT'S MESH, YOU KNOW, TO WHERE THEY COULD, YOU KNOW, LAW ENFORCEMENT COULD SEE THROUGH NOT NECESSARILY THE BAD GUY.AND SO JUST AS, AS A, AS A PERSON WHO SPENT HIS CAREER IN LAW ENFORCEMENT, UH, LOOKING AT THE PROPERTY AND HAVING BEEN THERE, UH, THERE WAS NOTHING THAT WOULD'VE STRUCK MY VIEW FROM STREET LEVEL OF THE ACTUAL RESIDENCE, UH, COMING UP.
WHETHER IT'S A THREE FOOT NO, I'M SAYING I'M, AND I DON'T MEAN TO INTERRUPT, BUT IF SOMEBODY, IF YOU HAVE A NEFARIOUS CHARACTER THAT IS, YOU KNOW, BEHIND THE WALL OF THE ALAMO HERE, THE LOWER IT IS, THE SAFER THE LAW ENFORCEMENT OFFICER IS GOING TO BE, I WOULD THINK BECAUSE THEY HAVE A HIGHER, I MEAN, FOUR FEET.
I MEAN, I DON'T KNOW WHY THE UDC IS THE WAY THAT IT IS, BUT I MEAN, IT'S GOTTA BE THERE FOR SOME SORT OF SAFETY REASON.
WELL, AND, AND NOT BEING AN EXPERT ON THE, I DON'T EVEN KNOW WHAT UDC UNDER STANDS FOR RESIDENT ACRONYM.
SO IT'S A UNIFIED DEVELOPMENT CODE.
SO WE HAVE, YOU KNOW, WE HAVE A BILLION DIFFERENT CODES.
LET'S SAY WE HAD 613 AT ONE TIME, AND NOW WE BOLT IT ALL DOWN TO ONE.
WELL, WE, NOW WE HAVE, YOU KNOW, WE HAVE A UDC CODE THAT IS MORE IN LINE WITH THE TYPES OF UNIQUE PROPERTIES THAT WE HAVE IN, IN THE AREA.
UM, SO WE HAVE SO MANY VARIANCES THAT WOULD HAVE TO COME FORWARD.
IN OTHER WORDS, YOU KNOW, TO ALLOW PEOPLE TO HAVE OBVIOUS VARIANCES.
SO THE UDC IS JUST AN, NOT AN ACRONYM, BUT IT'S AN ABBREVIATION.
AND JUST NOT HAVING EXPERTISE IN THAT AREA.
WHEN WE DID THE CONSULTATION BASED ON THE AGE OF THE CHILDREN AND THE DEPLOYMENT OF THE WORKING DOGS, WE FELT LIKE FOUR FEET WAS THE BEST COMPROMISE AS FAR AS BEING AESTHETICALLY PLEASING, UH, NOT, UH, TOO GREAT OF AN IMPACT ON THE NEIGHBORHOOD, BUT ALSO ACCOMPLISH WHAT OUR GOALS WERE.
SO I'M JUST GONNA JUMP IN BECAUSE AT THIS POINT, I MEAN, WE'RE YOU, YOU ALL ARE MAKING SOME VERY VALID POINTS AND THINGS THAT ARE UNDERSTANDABLE.
WE STILL HAVE FIVE CRITERIA THAT THEY HAVE TO MEET ALL OF THEM.
AND AS WHAT I'M LOOKING AT THREE OF THE FIVE, THEY'RE NOT MEETING AT THIS POINT.
SO I DON'T SEE HOW WE PUSH THIS THROUGH WHEN THERE'S THREE OF THESE FIVE CRITERIA THAT WE'RE NOT MEETING AT THIS POINT, WHICH OF THE THREE DO YOU FEEL WE DON'T MEET? UM, I DON'T SEE WHERE IT IS A HARDSHIP.
UM, THAT IT, IT DOESN'T, I MEAN, THERE'S NOTHING, UM, TO ME IT'S JUST A PREFERENCE.
IT'S A SECURITY PREFERENCE FOR THEM.
UDC HAS THEIR CODE FOR A REASON, AND SO IT'S NOT REALLY A HARDSHIP BECAUSE EVERYONE WHO LIVES IN THAT NEIGHBORHOOD HAS TO ABIDE BY THAT.
UM, I DON'T SEE WHERE, UM, IT'S UNIQUE TO THE PROPERTY OR TO THE NEIGHBORHOOD BECAUSE THERE'S MANY HOUSES IN THAT NEIGHBORHOOD THAT ARE ELEVATED.
SO IT'S NOT JUST THEIRS THAT'S ELEVATED.
WELL THEN WE JUST OPENED UP THAT KIND OF WORMS AGAIN.
SO WE NEED TO UNDERSTAND FOR THE OWNERS OF THE PROPERTY WHAT THAT UDC CODE IS.
DID YOU, DID YOU HAPPEN TO LOOK THAT UP? I'M SO SORRY.
WE DIDN'T HEAR YOU ARE ASKING FOR THE FOLLOW UP FROM YOUR QUESTION, IS THAT YES, MA'AM.
WHAT, WHAT I'M TRYING TO FIGURE OUT, JUST SO, JUST SO YOU KNOW, OKAY.
WE WANNA BE FAIR ON BOTH SIDES OF THE FENCE AND THERE IS GONNA BE A UNIQUENESS IN, IN ALL OF GOD'S CHILDREN AND ALL OF PROPERTIES AND STUFF LIKE THAT, RIGHT.
BUT THERE, THERE IS ALSO CODE THAT ALLOWS PEOPLE, UH, TO BE ABLE TO HAVE BETTER VISIBILITY OR LESS VISIBILITY FROM THE OUTSIDE IN.
SO I MEAN, THAT'S, THAT WAS MY CONCERN.
I JUST WANNA MAKE SURE EVERYTHING'S CLEAR ON BOTH SIDES.
AND, UH, YOU DID HAVE A GOOD RECOLLEC RECOLLECTION.
THE, UM, FOLLOWING LINE OF CODE AFTER THE, THE ONE THAT THEY'RE REQUESTING A VARIANCE TO DOES ALLOW FOR ADMINISTRATIVE EXCEPTIONS, UM, BUT TO THE REAR AND SIDE YARD ONLY FOR PRIVACY AND FOR SCREENING.
SO, UM, FOR WHAT NOW? FOR PRIVACY AND FOR SCREENING.
AND SO IF YOU WERE TALKING ABOUT YOUR REAR AND YOUR SIDE YARD, AND LIKE YOU RECALLED, IF THE GROUND FLOOR ELEVATION IS FOUR FEET HIGHER THAN THE LOT LINE, OR IF, UM, IT IS NOT, IF THE, A COLLECTOR ROAD OR A HIGHER ORDER ROAD WERE HIGHER, THEN THERE ARE PROVISIONS FOR AN ADMINISTRATIVE EXCEPTION THAT WOULD ALLOW THEM TO HAVE A HIGHER FENCE.
HOWEVER, THAT'S ONLY FOR THE SIDE AND REAR THE FRONT DOES NOT HAVE ANY ADMINISTRATIVE EXCEPTIONS FOR, UM, ANY CRITERIA.
HOLD, I, I HAVE A QUESTION WHILE YOU'RE UP THERE.
WELL, LET ME, I, LET ME CLARIFY, JUST, JUST TO BE CLEAR, YOU'RE SAYING THAT IT HAS TO BE A FEEDER
[00:30:01]
ROAD IN ORDER TO BE ABLE TO GET IT AT ALL? THAT'S ONE QUESTION.AND THEY'RE NOT ON A FEEDER ROAD, SO THEY, THEY COULDN'T ANYWAY, BUT YOU'RE ALSO SAYING THAT IT CAN'T BE THE FRONT.
SO NONE OF THESE EXCEPTIONS, UH, APPLY TO A FRONT YARD FENCE.
SO IF THEIR REAR YARD HAD NORTH MAIN STREET RIGHT ON THEIR BACKYARD AND THE ELEVATION WAS HIGHER, THEY CAN HAVE A TALLER FENCE THAN THE ALLOWABLE HEIGHT.
HOWEVER, WHAT THEY'RE REQUESTING IS FOR A VARIANCE TO THE FRONT YARD.
AND THAT'S A FUNCTION OF, UM, AS I MENTIONED, IT'S AESTHETICS, IT'S NEIGHBORHOOD CHARACTER.
IT'S SOMETHING THAT THIS COMMUNITY, UM, ADVOCATED FOR WHEN THEY WERE CREATING THEIR UNIFIED DEVELOPMENT CODE.
IT'S, IT'S PRETTY COMMON FOR, UM, COMMUNITIES TO WANT TO CREATE THAT SENSE OF OPENNESS, COMMUNITY CHARACTER VISIBILITY, AND IT'S WELL WITHIN THEIR RIGHT.
UM, AND THAT'S WHY WE HAVE THIS VARIANCE PROCESS THAT HAS FIVE CRITERIA THAT ALL MUST BE MET.
AND I, I UNDERSTAND, YOU KNOW, THE SECURITY ASPECTS.
I'VE BEEN IN SECURITY FOR 26 YEARS MYSELF AND, AND, UM, YOU KNOW, PERIMETER EGRESS INGRESS.
AND I, I, I DO FEEL, YOU KNOW, THAT THERE ARE OPTIONS, YOU KNOW, AVAILABLE FOR THAT, THAT EXTRA, THAT EXTRA FOOT.
AND IT MIGHT ACTUALLY PLEASE NEIGHBORS AS WELL, BUT THAT'S REALLY UP TO THE BOARD AND, AND NOT ME, BUT I'M SORRY, JOSH, YOU YOUR QUESTION.
UM, AND I, I BELIEVE I HEARD THIS COME UP IN THE PAST, BUT, UH, CORRECT ME IF I'M WRONG, BUT IS THERE A CERTAIN DISTANCE OF SETBACK FROM THE FRONT PROPERTY LINE WHERE THE HEIGHT OF THE FENCE WOULD NO LONGER BE REGULATED? UNFORTUNATELY, NO.
THAT'S NOT HOW THE, UM, CODE IS WRITTEN.
IT JUST SAYS IN THE FRONT YARD SPACE, IN THE FRONT YARD SPACE IS DEFINED AS THE SPACE IN FRONT OF THE FRONT BUILDING LINE.
SO WHERE YOUR BUILDING IS FOUR FEET.
SO THERE HAVE BEEN OTHER PROVISIONS WHERE IF YOU WANTED A TALLER, UM, SIDE YARD FENCE, YOU WOULD HAVE THE FRONT AT THE FOUR FEET WITH THE ONE FOOT VISIBILITY.
AND ONCE YOU GET THAT FENCE BEHIND YOUR BUILDING LINE, THEN YOUR SIDE YARD CAN BE SIX FEET.
AND SO WE, WE'VE HAD THAT AS A SOLUTION TO A HIGHER PRIVACY FENCE, UM, BUT STILL MAINTAINS THAT THE FRONT ANY FENCE IN THE FRONT YARD SPACE.
DID YOU HAVE ANY, UH, QUESTIONS? UM, I DO NOT RIGHT NOW.
THE PUBLIC HEARING OUR DISCUSSION, I AM GONNA GO AHEAD AND, UH, YOU WANT ME TO CLOSE IT, CORRECT? CHAIRMAN? YES.
DO YOU WANNA ASK IF ANYBODY IN THE AUDIENCE WANTS TO SPEAK? WELL, THAT'S BEFORE YOU CLOSE, YES.
WE WANT TO, UH, INVITE FOLKS UP TO TALK FROM THE NEIGHBORHOOD OR FROM OTHER RESIDENTS.
WOULD ANYBODY LIKE TO COME UP THEN NOW WE'RE CLOSING IT.
I HAD LIKE TO HEAR YOUR THOUGHTS.
I MEAN, FROM THIS, FROM THE IMAGE, THE HOME REALLY DOES SIT UP HIGH ON THE PROPERTY.
I MEAN THE, THE VANTAGE POINT OF THE PICTURES, YES.
IF THERE'S SEVERAL IN THE NEIGHBORHOOD THAT SIT THAT WAY MM-HMM
THAT'S JUST, IF, IF THAT'S THE CHARACTERISTICS OF THE ENTIRE NEIGHBORHOOD, RIGHT? MM-HMM
AND I JUST, I FEEL LIKE THERE'S GOT TO BE COMPLIANT ALTERNATIVES THAT, THAT THEY CAN COME UP WITH.
I MEAN, TO GO SOLID THREE FEET AND THEN SOME SORT OF, YOU KNOW, TRANSPARENT LAST FOOT ON TOP OF IT SEEMS LIKE SHOULD NOT BE AN ISSUE.
AND THE UDC CODE WAS CREATED FOR A REASON.
UM, DOES IT MATTER THAT THE IMAGE AND THE PACKET, THE, THE GATE WAS DIFFERENT? IT WAS MORE YOU COULD SEE THROUGH IT VERSUS THE ONE THAT WAS PRESENTED TONIGHT? DOESN'T MATTER.
I THINK THIS IS, YOU KNOW, ONE OF THOSE SITUATIONS WHERE ALL FIVE OF US COULD FEEL LIKE MAYBE IT MAKES SENSE TO DO
[00:35:01]
A SOLID FOUR FOOT FENCE.AND MAYBE IF WE OWN THAT HOUSE, WE WOULD WANT TO DO THE SAME THING.
BUT WE HAVE CONSTRAINTS ON US.
AND YOU KNOW, WE, I I DON'T SEE THAT IT MEETS THE CRITERIA THAT, THAT WE'RE BOUND BY.
LIKE JOSH, I THOUGHT THERE WAS AN EXCEPTION THAT IF YOU MOVED A CERTAIN NUMBER OF FEET OFF THE PROPERTY LINE, YOU COULD BUILD A TALLER FENCE, BUT APPARENTLY NOT.
I THINK IT'S FOUR FEET BEHIND THE FRONT PROPERTY LINE IS WHEN YOU CAN START GOING UP TO SIX, SIX FEET OR SOMETHING LIKE THAT.
IF I MAY INTERRUPT IF WE CAN YES, MA'AM.
REQUEST A CONTINUANCE TO EXPLORE MORE OPTIONS AND SEE AND WORK MORE WITH STAFF TO SEE IF WE CAN COME UP WITH A SOLUTION.
AND I'D MAKE ONE MORE COMMENT OF COURSE.
AND THAT ANYTHING THAT WE DECIDE AS THE CITY BASED ON THE HOA, IF, IF THE CITY APPROVED IT, THE HOA CAN STILL DENY IT.
AND TOTALLY UNDERSTAND THAT WE HAVE ALREADY BEEN WORKING WITH HOA, UH, THEY WANT, WE, THEY WANTED TO DEFER FIRST TO Y'ALL'S DECISION AND THEN WE WOULD CONTINUE DISCUSSIONS WITH THEM.
SO WE'RE, WE'RE TAKING CARE OF THAT.
I JUST FEEL LIKE IF YOU COME BACK, YOU, YOU NEED TO COME BACK WITH A COMPLIANCE SOLUTION AT THAT POINT.
I FEEL LIKE THERE MIGHT BE OTHER DESIGNS POSSIBLE THAT WILL HELP SATISFY SOME OF Y'ALL'S CONCERNS.
I THINK IT WOULD SATISFY, I THINK Y'ALL CAN FIGURE IT OUT A HUNDRED PERCENT.
BUT I MEAN IT, I BUT YOU GUYS ALSO HAVE A CLIENT
THAT'S WHO YOU'RE TRYING TO SATISFY, RIGHT? SO WE, I, YES.
SO KIND OF RESPECTFULLY COULD REQUEST A CONTINUANCE AND, UH, COME BACK AND TRY TO SEE IF WE CAN, I MEAN THAT'S, I, YOU KNOW, AS LONG AS THAT'S GOOD WITH ANDREA.
I MEAN YOU CAN TABLE IT FIGURE.
YEAH, I, I MEAN I WANNA GIVE THEM THE OPPORTUNITY TO FIGURE THEY CAN WITHDRAW THEIR APPLICATION.
I'LL MAKE A MOTION TO TABLE, UH, VARIANCE NUMBER TWO SIX DASH ZERO OR YEAH.
AYE SARA, THAT IS CLOSED UNTIL, UNTIL NEXT TIME.
[Items 8 & 9]
TO OPEN THE PUBLIC HEARING TO RECEIVE COMMENTS ON VARIANCE NUMBER 26 DASH ZERO SEVEN AT THE RANCHES AT CREEKSIDE UNIT FOUR A BLOCK ONE LOT 5 5 1 7 5 SIM SIMRAN CREEK.THE ITEM FOR DISCUSSION IS CONS.
WELL, I WOULD LET THE CITY GO AHEAD AND DESCRIBE IT.
IF YOU DON'T RECOGNIZE ME, I'M THE NEWEST MEMBER TO THE PLANNING TEAM HERE WITH THE CITY OF BERNIE.
UH, SO I'LL BE PRESENTING MY FIRST BOA CASE WITH Y'ALL TODAY.
SO THE PROPOSED REQUEST IS FOR, OH, EXCUSE ME, THIS IS NOT MY PRESENTATION.
SO THE PROPOSED REQUEST IS FOR A VARIANCE TO ALLOW A DECK AND PERGOLA TO ENCROACH INTO THE REQUIRED 10 FOOT SETBACK AT THIS PROPERTY.
THE ADDRESS IS 1 7 5 SIMRAN CREEK.
THE APPLICANT TODAY IS ROB NIK AND THE OWNER OF THE PROPERTY IS TRAVIS COATES.
THE PROPERTY IS 0.3 ACRES AND IT IS CURRENTLY ZONED R TWO M MODERATE DENSITY RESIDENTIAL.
THE SUBJECT PROPERTIES CURRENTLY ZONED AS I MENTIONED, R TWO M.
SO WE CAN SEE THAT THAT NEIGHBORHOOD AT THE RANCHES AT CREEKSIDE ARE ALSO ZONED R TWO M.
AND THEN THE PROPERTIES JUST BEHIND THAT PROPERTY ARE LOCATED IN THE TRAILS AT HERF RANCH SUBDIVISION.
THOSE PROPERTIES ARE ZONED AS R ONE M, MEDIUM DENSITY RESIDENTIAL.
BOTH ARE SINGLE FAMILY RESIDENTIAL PROPERTIES.
SO THE REQUEST TODAY IS A VARIANCE TO THE CITY OF BURN UDC CHAPTER FOUR, SECTION FOUR TWO C 1D TO ALLOW AN ACCESSORY STRUCTURE TO ENCROACH TWO FEET, TWO INCHES INTO THE REQUIRED 10 FOOT REAR YARD SETBACK FOR THE RANCHES AT CREEKSIDE UNIT FOUR, A BLOCK ONE LOT 55, ALSO KNOWN AS 1 7 5 SIMRAN CREEK CITIZEN INPUT ON THIS CASE.
87 NOTIFICATIONS WERE MAILED OUT TO PROPERTIES WITHIN 500 FEET OF THE PROPERTY ON MAY 4TH, 2026.
AND A PUBLISHED NOTIFICATION WAS PUBLISHED IN THE BERNIE STAR ON MAY 3RD, 2026.
WE RECEIVED THREE COMMUNITY RESPONSES.
UH, ONE RESPONSE WAS IN FAVOR OF THIS REQUEST AND TWO RESPONSES WE RECEIVED AGAINST THIS REQUEST.
UH, NONE OF THOSE PROVIDED ANY REASONS BEHIND
[00:40:01]
WHY THEY WERE IN FAVOR OR AGAINST THIS REQUEST.SO THIS IS THE SECTION WHERE IT'S COMING OUT OF THE FOLLOWING MAY ENCROACH THE REAR YARD SETBACK, PROVIDED THAT THERE REMAINS A SEPARATION OF AT LEAST 10 FEET BETWEEN THE ENCROACHING FEATURE AND THE REAR LOT LINE DECKS, PATIOS, AWNINGS, AND PERGOLAS.
SO THIS IS AN AERIAL VIEW OF THE PROPERTY, SO YOU CAN KIND OF HAVE AN UNDERSTANDING TO GET YOUR BEARINGS.
UH, WE CAN SEE THAT THE SUBJECT PROPERTY IS LOCATED HERE.
UH, THERE IS CURRENTLY APPROVED UNAPPROVED POOL LOCATION.
AND WITH THAT POOL, THERE'S ALSO AN APPROVED DECK LOCATION ON THIS PROPERTY.
UH, SO YOU CAN SEE THIS IS THE SUBJECT PROPERTY'S ENTIRE LOT.
YOU CAN SEE THERE'S AREA HERE.
AND YOU CAN ALSO SEE THAT THERE'S A 25 FOOT OPEN SPACE LOT LOCATED JUST BEHIND THE PROPERTY, AS WELL AS A 20 FOOT DRAINAGE EASEMENT LOCATED HERE.
BEFORE WE REACH ANY OF THE PROPERTY LINES AT THE TRAILS OF HERF RANCH.
SO THAT IS APPROXIMATELY 45 FEET OF OPEN SPACE BEHIND THAT PROPERTY.
AND AND THAT'S UNDEVELOPABLE? THAT IS CORRECT.
IT'S UNDEVELOPABLE THE WAY IT IS NOW, IT'S PLATTED AS A OPEN SPACE LOT AND THE OTHER ONE'S FOR DRAINAGE.
SO THIS IS THE STREET VIEW OF THE SUBJECT PROPERTY FROM THE FRONT.
HOWEVER, WE ARE MORE CONCERNED WITH WHAT'S GOING ON IN THE BACK.
SO YOU CAN SEE THIS IS ON THE LEFT HAND SIDE, THE SUBJECT PROPERTY VISIBLE FROM HERF RANCH BOULEVARD.
YOU CAN SEE THE SUBJECT PROPERTIES HERE.
AND THEN AS WE COME INTO THAT, UH, 25 FOOT PLATTED LANDSCAPE LOT, YOU CAN SEE THIS IS THE SUBJECT PROPERTY RIGHT HERE.
AND THIS IS JUST ILLUSTRATING WHAT THE REAR OF THAT PROPERTY LOOKS LIKE.
WHAT IS GOING ON BEHIND THAT PROPERTY.
SO RELEVANT TO THE REQUEST IS THAT PERMIT 20 26 2 1 15 RES WAS APPROVED PREVIOUSLY.
AND SO THIS DOES ACTUALLY SHOW A PERMIT, WHICH HAS BEEN ISSUED, UM, AS A COMPLIANT DESIGN.
SO IT WAS FOR A POOL PERMIT, BUT IT ALSO INCLUDES THAT DECK LOCATION.
SO WE CAN SEE HERE THAT IN THIS PERMIT THERE WAS A COMPLIANT DESIGN, WHICH ILLUSTRATES, UH, CALLING OUT 10 FEET OF SPACE BETWEEN THE PROPERTY LINE AND THE DECK, AND THEN ALSO HERE AS WELL.
SO THESE WERE, THESE ARE APPROVED PLANS, I SHOULD SAY.
SO THE APPLICANT IS MAKING A REQUEST FOR, UH, TWO FEET, TWO INCHES TO ENCROACH INTO THE SETBACK.
UH, SO THIS IS THEIR SUBMITTED PROPOSED DESIGN HERE.
UH, ONCE AGAIN, UH, THE STRUCTURES ARE NOT CONSTRUCTED ON SITE.
UM, HOWEVER THE APPLICANT DID PURCHASE THE STRUCTURE AS IT IS AT THIS TIME.
UM, AND SO THAT IS THE REASON BEHIND THIS REQUEST.
SO WE CAN SEE HERE JUST TO KIND OF UNDERSTAND WHAT'S GOING ON WITH THIS SITUATION HERE.
SO WE HAVE AN APPROVED POOL LOCATION WITH A NEW PROPOSED DECK DESIGN.
AND WE CAN SEE HERE THIS SUBJECT PROPERTY'S RESIDENCE.
AND THEN BEHIND HERE WOULD BE WHERE HER FRENCH SUBDIVISION IS LOCATED.
IS THERE A RENDERING PROVIDED THAT SHOWS THE ACTUAL SHAPES OF, INSTEAD OF JUST THE SQUARE, UH, OF THE STRUCTURES THEMSELVES LIKE THIS? YEAH.
UH, SO, UH, JUST FOR UNDERSTANDING ON THE CASE, THIS IS SUBJECT PROPERTY.
WE HAVE THE PROPOSED DECK LOCATION, THE APPROVED POOL LOCATION, AND THE PROPERTY LINE LOCATED HERE.
WE CAN SEE THAT BEHIND THE PROPERTY OFF LOT IS 25 FEET OF OPEN SPACE AND THEN 20 FEET OF DRAINAGE EASEMENT.
SO IT'S THAT 45 FEET OF OPEN SPACE THAT'S LOCATED BEHIND THE PROPERTY.
IT WON'T BE DEVELOPED FROM THE CURRENT CONDITIONS THAT IT'S IN, BUT WE SEE HERE THAT THIS IS THE 10 FOOT REQUIRED SETBACK THAT IS ON THE PROPERTY.
AND SO YOU MAY BE WONDERING AS WELL WHY THIS POOL WAS ABLE TO ENCROACH INTO THIS 10 FOOT SETBACK.
SO POOLS WITHIN THE CITY OF SHIRTS ARE ACTUALLY ALLOWED TO COME UP TO THREE FEET.
SO THIS DISTANCE CAN BE APPROVED UP TO THREE FEET.
AND ON THAT PERMIT THAT THEY SUBMITTED, IT'S FIVE FEET.
SO THEY'RE DOING A LITTLE BIT MORE HERE WITH THE POOL DESIGN.
HOWEVER, AS WE MOVE FORWARD WITH THIS PROPOSED DECK LOCATION, THEY'RE ENCROACHING TWO FEET, TWO INCHES.
SO YOU HAVE THE REQUEST IS FOR A SEVEN FOOT, SEVEN INCH SETBACK INSTEAD OF A 10 FOOT SETBACK ON THEIR PROPERTY.
WE CAN ALSO SEE HERE THAT THERE'S, AND WE SAW KIND OF HERE ON THE SIDE THAT THERE'S SOME OPEN SPACE THAT'S STILL LOCATED BEHIND THE PROPERTY LOCATED ON SITE.
SO THESE ARE ARCHITECTURAL RENDERINGS OF THE DESIGN SUBMITTED BY THE APPLICANT.
WE CAN SEE THAT THIS IS CALLED OUT AS SEVEN FOOT 10 INCHES.
UH, THIS IS FROM, FROM THE APPLICANT AND THIS IS THE REAR.
SO FINDING OF THE FACT, UH, SO AS A REMINDER FOR THE BOARD, UH, ALL FIVE CRITERIA MUST BE MET OR SHOULD BE MET.
SO THE UNNECESSARY HARDSHIP, INCLUDING FINANCIAL HARDSHIP.
SO THERE ARE COMPLIANT ALTERNATIVES THAT CAN SERVE THE PROPERTY.
LITERAL ENFORCEMENT OF THE UDC DOES NOT RESULT IN AN UNNECESSARY HARDSHIP.
THEY WOULD JUST HAVE TO ALTER THEIR DESIGN TO THE DECK.
UH, THIS VARIANCE IS ONLY AUTHORIZING USES THAT ARE ALLOWED IN R TWO M, MODERATE DENSITY RESIDENTIAL UNIQUE CIRCUMSTANCES RELATED TO THE PROPERTY AND GENERAL CONDITIONS.
SO THE VARIANCE REQUEST SOUGHT DOES NOT APPEAR TO BE DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
HOWEVER, THERE IS A 25 FOOT OPEN SPACE LOT AND THAT 20 FOOT DRAINAGE
[00:45:01]
EASEMENT LOCATED BEHIND THE PROPERTY, AND FOUR, IT DOES NOT WEAKEN THE GENERAL PURPOSE OF THE ORDINANCE AND ESSENTIAL CHARACTER OF THE DISTRICT.SO THE 10 FOOT REAR YARD SETBACK IS APPLICABLE TO ALL RESIDENTIAL BUILDINGS WITHIN THE CITY OF SHIRTS.
SO ANYONE WHO'S GONNA PULL A PERMIT LIKE THIS ONE WOULD HAVE TO COMPLY WITH THIS DESIGN.
SO THE PROPOSED VARIANCE DOES HAVE THE POTENTIAL TO WEAKEN THE GENERAL PURPOSE OF THE UDC.
DID YOU USED TO WORK IN SHIRTS? I DID.
YOU KEEP SAYING SHIRTS INSTEAD.
I JUST WANTED TO LET YOU KNOW.
SO LET IT BE KNOWN THAT EVERY TIME HE SAID CHURCH, WOULD YOU AGREE HE MEANT BERNIE I THE CITY OF BERNIE? OH MY GOD, FOR THE RECORD.
YES,
AND NUMBER FIVE, NO ADVERSE IMPACT TO THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE SETBACK, BUT THE PROPOSED VARIANCE ENCROACHES TWO FOOT TWO INCHES INTO THE SETBACK.
SETBACKS ARE INTRODUCED IN ORDER TO KIND ALLOW SOME COMPLIANCE FOR EMERGENCY ACCESS EGRESS, SUCH AS FOR FIRE, UH, TO COMPLY FOR, YOU KNOW, NUISANCE PER EXAMPLE.
UH, SO THIS COULD IMPACT FIRE SAFETY, THE ENJOYMENT OF ADJACENT PROPERTIES AND NEIGHBORHOOD CARE.
SO SO YOU WOULD, WHAT YOU'RE SAYING IS THAT THE, UH, THE PROPOSED VARI AND IN NUMBER FOUR, THE PROPOSED VARIANCE HAS THE POTENTIAL TO WEAKEN THE GENERAL PURPOSE OF THE UDC? THAT'S CORRECT.
AND THEN I, I DID UNDERSTAND WHAT YOU SAID ABOUT NUMBER FIVE.
DO YOU GUYS HAVE ANY QUESTIONS FOR, FOR HIM? ALRIGHT, COOL.
OH, OH, ARE YOU FINISHED? I'M FINISHED.
I, UM, CAN YOU JUST REPEAT WHAT YOU, YOU, YOU, YOU TALKED ABOUT HOW THE POOL ENCROACHES IN THE SETBACK ALREADY.
WHAT IS THE, UM, WHAT ARE THE GUIDELINES THERE? SO IT IS CODIFIED THAT WAY SPECIFICALLY IN THE UDC, THAT POOLS WITHIN THE CITY OF BERNIE ARE ALLOWED TO ENC OR NOT TO ENCROACH, BUT THEY'RE ALLOWED TO COME UP TO THREE FEET, UP TO THREE FEET TO THE PROPERTY LINE.
THAT IS HOW IT IS CODIFIED AT THIS TIME.
SO, AND THEN MY OTHER QUESTION, I I BELIEVE TOWARD THE BEGINNING OF YOUR PRESENTATION, YOU MENTIONED THAT THEY, THERE WAS AN APPROVED, UH, DECK.
IT'S AN APPROVED LOCATION FOR THE DECK.
SO IT CAME WITH THE POOL PERMIT.
THESE WERE SUBMITTED TOGETHER AS ONE ITEM.
AND SO WE CAN SEE HERE THAT ON THE PROP, OR EXCUSE ME, ON THIS PERMIT, WHAT THEY HAD EXHIBITED TO US WAS, UH, 10 FEET.
SO THEY'RE JUST A LITTLE SMALLER THEY'RE GOING TO, SO THEY'RE JUST COMING IN TWO FEET.
SO THEY PREVIOUSLY SUBMITTED AN APPROVED STRUCTURE AND THEN REDESIGNED IT AND NOW IT'S ENCROACHING? THAT IS CORRECT.
IT'S THE APPROVED LOCATION AND IT IS STILL APPROVED.
THEY CAN STILL GO AHEAD AND FOLLOW THROUGH WITH THIS DESIGN.
MR. STEFANI, WOULD YOU LIKE TO
AND THEN GO AHEAD AND LET US UNDERSTAND WHY IN THE WORLD WOULD YOU WANNA PUT A DECK RIGHT THERE? SO THE DECK IS TO SUPPORT THE ACCESSORY STRUCTURE, WHICH IS A 12 BY 16 PAVILION.
UM, SO RIGHT NOW, UM, AS WE WENT THROUGH THIS, IT WAS APPROVED THROUGH THEIR HOA AS A DIFFERENT PLAN ALTOGETHER.
UM, SO EVERYTHING WAS APPROVED THERE WITH THE DECKING SHOWN AT TWO FEET AWAY FROM THE FENCE.
AS WE GOT THROUGH THE CITY OF BERNIE, WE WERE DENIED ON THAT, UH, REQUEST FOR THE DECKING TO ENCROACH.
SO WE CHANGED THE DESIGN AND THEN WE RESPECTED THE, THE CODE OF 10 FEET, WHICH IS WHAT YOU SEE RIGHT NOW ON THE PLAN.
SO THEY SAID YOU COULD THEN REQUEST FOR A VARIANCE TO SEE IF YOU CAN ENCROACH THAT TWO FEET, TWO INCHES INTO THE 10 FOOT BUILDING SETBACK FOR THE POOL DECK, WHICH WOULD THEN ALLOW THE CUSTOMER WHO HAS ALREADY PURCHASED THE 12 BY 16 STRUCTURE TO HAVE THAT SPACE FOR THAT STRUCTURE.
AND WHAT ALTERNATIVES HAVE YOU PRESENTED YOUR CUSTOMER FOR? YEAH, ADHERING TO THE UD C'S OPPOSED TO COMING BEFORE THE BOARD.
UM, SO IT'S, IT'S MAKING A SMALLER STRUCTURE TO, TO THIS WOULD THEN SUPPORT A 12 BY 12 STRUCTURE OR CHANGING THE ORIENTATION OF THE 12 BY 16 STRUCTURE TO NOT RUN, I GUESS ADJACENT, UH, LONG WAYS, BUT BASICALLY LIKE, YOU KNOW, UH, COME MORE PERPENDICULAR IN THE, IN THE LONGER STRETCH OF THE, THE STRUCTURE.
NOW ANOTHER QUESTION IS THAT IT SAYS THAT THEY'VE ALREADY PAID FOR THE STRUCTURE.
DID THEY PAY FOR A CHANGE ORDER OR DID THEY PAY JUST FOR THE STRUCTURE BECAUSE NO, SO YEAH, SO PER CONTRACT THEY HAD, BECAUSE OBVIOUSLY WE PROCEEDED THROUGH THIS THINKING THAT, UM, YOU KNOW, 'CAUSE E EVEN IN COUPLE, A COUPLE LIKE ITEMS
[00:50:01]
IN THE CODE, IT, IT SHOWS THREE DIFFERENT MEASUREMENTS THAT YOU CAN COME UP TO THREE FEET, YOU CAN COME UP TO FIVE FEET, YOU CAN COME UP TO 10 FEET.AND IN MODERATE DENSITY, I WAS READING FIVE FEET.
UM, AND THEN THERE'S UH, ANOTHER SECTION THAT, THAT SAYS SOMETHING DIFFERENT.
BUT I WAS CLARIFIED ONCE I WENT THROUGH AND TALKED TO MEMBERS ON THE CODE THAT KNOW YOU'RE LOOKING AT THE WRONG PARK, IT'S 10 FEET.
SO THEY SAID, BUT, AND THIS IS ALREADY CONTRACTED.
SO, UM, YOU KNOW, UM, OBVIOUSLY THIS WOULD JUST BE A CHANGE, YOU KNOW, A CHANGE ORDER TO THE SIZE OF THE PAVILION.
IF, IF WE CAN'T GET THE ADDITIONAL TWO FEET, TWO INCHES, UM, OR CHANGE THE ORIENTATION OF IT.
CAN I JUST MAKE ONE MORE COMMENT? OH, YOU, I, I THINK I KNOW WE HAD, THIS IS THE FLOOR IS YOURS? YEAH.
UH, I KNOW THAT WE HAD, UH, APPROVALS FROM, FROM NEIGHBORS ADJACENT.
UM, I THINK THERE'S MAYBE, MAYBE, MAYBE SOME OF THEM HERE.
UM, I THINK I KNOW THAT THERE ARE OTHER, WHAT WAS IT? ONE AND TWO.
AND I KNOW THAT, UH, BECAUSE I WAS INFORMED THAT THERE WEREN'T ANY DENIALS.
THERE WEREN'T ANY LIKE, REJECTIONS TO IT.
SO, UM, BUT THIS IS, SO THIS IS NEW TO ME RIGHT NOW.
UM, BUT I GUESS I WILL SAY FROM THE STREET VIEW, IT'S NOT SOMETHING THAT'S PRESENTED TO THE PUBLIC.
THIS IS ALL DIRECTLY BEHIND THE HOUSE.
AND IN NO ANGLE WILL THIS BE SOMETHING THAT'S PRESENTABLE TO, UM, PASSERBYS OR, OR TRAFFIC, RIGHT? UNLESS YOU'RE LIKE, REALLY YOU'RE WALKING DOWN THE ALLEY, YOU GOT, YOU GOT A REALLY AN OR YOU WALK THROUGH THE SETBACK OR YOU KNOW, THE, THE, THE DRAINAGE EASEMENT, YOU KNOW, IF YOU'RE BACK THERE.
UM, BUT I DON'T THINK THE, THAT WOULD, I DON'T THINK IT'S ANYTHING THAT WOULD BE AN EYESORE FROM SOMEONE FOR THAT, FROM THAT PER PERSPECTIVE.
DOES ANYBODY HAVE ANY QUESTIONS FOR MR. STEF? I DON'T.
I MADE SUCH A COMPELLING CASE.
IT'S JUST GONNA GET APPROVED FOR
ADMIT TO SAY THAT WHEN, THANK YOU.
I I SHOULD CONCLUDE MY PRESENTATION HERE WITH THE LAST TWO SLIDES.
SO THE STAFF RECOMMENDATION STAFF RECOMMENDS THAT THE ZONING BOARD OF ADJUSTMENT HOLD A PUBLIC HEARING AND DETERMINE IF THE CRITERIA FOR A VARIANCE HAS BEEN MET TO APPROVE OR DENY THE VARIANCE REQUEST FROM ROB NIK ON BEHALF OF TRAVIS COATES REQUESTING A VARIANCE TO THE CITY OF BERNIE UDC CHAPTER FOUR, SECTION FOUR TWO C 1D, TO ALLOW AN ACCESSORY STRUCTURE TO ENCROACH TWO FEET, TWO INCHES INTO THE REQUIRED 10 FOOT REAR YARD SETBACK FOR THE RANCHES AT CREEKSIDE UNIT FOUR, A BLOCK ONE LOT 55, ALSO KNOWN AS 1 7 5 CIMARRON CREEK.
AND HERE ARE YOUR MOTIONS FOR CONSIDERATION.
IF ANYONE WOULD LIKE TO STEP FORWARD, PLEASE STATE YOUR NAME.
WE LIVE AT 1 77 CIMARRON CREEK NEXT DOOR TO THE COATS.
AND WE HAVE NO PROBLEM WITH THEM BUILDING, UH, A PERGOLA TWO FEET INTO, I GUESS THE, THE DANGER ZONE
UM, WE CAN SEE THE BACKYARD COMPLETELY FROM OUR BACKYARD.
UM, WE DON'T HAVE ANY PROBLEMS, LIKE I SAID, BUILDING A PERGOLA, YOU CAN'T SEE IT FROM THE FRONT YARD.
UM, LIKE THE GENTLEMAN SAID, YOU HAVE 45 FEET OF OPEN SPACE BEHIND THE HOUSE.
THERE ARE TREES, UM, I DON'T THINK DIRECTLY BEHIND THEIR HOUSE, THE COACH'S HOUSE, BUT THERE'S TREES, THE NEIGHBORS THAT, UH, ARE ON, ON THE GREEN BELT.
ON UH, I THINK IT'S RATTLESNAKE BLUFF OR WHATEVER THE NAME OF THAT STREET IS BEHIND THERE.
BUT, UM, I SAID WE CAN, WE CAN SEE DIRECTLY INTO THEIR BACKYARD AND WE DON'T HAVE ANY PROBLEM WITH THEM BUILDING IT INTO THAT TWO FOOT.
WE'RE WAITING FOR THE POOL TO BE DONE.
WAIT, GET YOUR INSIDE OVER DRY OR BRIBE WITH THE POOL.
YOU WANT YOUR NAME, MA'AM? YES, MY NAME'S DONNA EGGERT.
I LIVE AT 1 79 CIMARRON CREEK.
SO I'M TWO HOUSES DOWN FROM THE COATS.
UM, I UNDERSTAND THE REQUIREMENT IS WHAT, 500 FEET FROM HOMES OR WHATEVER LIKE THAT.
BUT ANYWAY, WE CAN'T SEE THEIR BACKYARD.
UM, SO WE HAD NO ISSUE WITH APPROVING, UM, THE BUILD OF THE, UM, PERGOLA GOING IN THAT EXTRA TWO, 2.2 FEET.
BUT I AM KIND OF CURIOUS ABOUT THE, UH, RESPONSES BECAUSE MYSELF AND THE MCCRAY'S VOTED YES.
YET YOUR VOTE SAID THERE WAS ONE YES.
[00:55:03]
UNLESS I JACKED UP THE FORM.OH, WE HAVE YOU AS A YES, YOU DO.
I'M UPDATED ON, I I TURNED IT IN ON MONDAY THE 18TH, SO I'M SORRY I TURNED IT IN ON MONDAY THE 18TH.
SO I HAVE, YOU'RE YOU'RE ON THERE ALSO.
I, IT'S
WOULD ANYBODY ELSE LIKE TO COME UP HERE AND TALK ABOUT IT? OKAY, WE'RE GONNA GO AHEAD AND CLOSE THE PUBLIC HEARING.
NOT A LOT OF UNIQUE, UH, I THINK, UM, HARDSHIP, BUT I THINK THAT YOU HAVE NEIGHBORS COMING FORWARD.
THEY'RE THE ONLY ONES THAT WOULD REALLY TAKE IT.
WHAT DO YOU WELL, AND I FEEL LIKE THE, THE SETBACK IS USUALLY FOR SAFETY REASONS.
SO THE EMERGENCY VEHICLES AND THINGS GET BACK THERE, BUT THEY'VE GOT THAT 25 FEET BEHIND THEM.
I WAS GONNA SAY, IF, IF THEY, IF ANYBODY CATCHES ON FIRE, JUST JUMP IN THE POOL.
JUST JUMP IN THE POOL FOR HEAVEN'S SAKE, IT'S RIGHT THERE.
YOU KNOW, THE, THE FACT THAT THE POOL IS GOING TO ENCROACH THE SETBACK MORE, A LOT MORE.
IS, IT'S INTERESTING TO ME THAT THE UDC ALLOWS THAT, BUT THEY, BUT IT DOES.
SO MAYBE IF IT'S LIKE A SWINGING ARM OF A, OF A BUCKET TRUCK OR I, YOU KNOW, WHO KNOWS? YEAH.
I MEAN THE THINGS THAT KIND OF WEIGH ON ME IS THE, A LACK OF VISIBILITY.
IT'S NOT REALLY GONNA AFFECT ANYBODY.
THE PEOPLE THAT IT ARE, THAT IT IS GONNA AFFECT HAVE SAID THAT THEY'RE FINE WITH IT.
I DON'T KNOW THAT THEY MEET EVERY REQUIREMENT THAT WE'RE LOOKING FOR, BUT THIS MAY BE ONE OF THOSE SITUATIONS WHERE YOU KIND OF LOOK AT IT AS, YOU KNOW, WHAT'S THE RIGHT THING TO DO? UM, I'M HAVING A HARD TIME FINDING SUBSTANTIAL ISSUES WITH IT.
THAT WOULD BE PROBLEMS FOR ANYBODY.
RICARDO? I TEND TO AGREE WITH JOSH THAT IT SEEMS LIKE, UH, IT IS A, THE POOL'S GONNA EXTEND CLOSER TO THE FENCE THAN THIS IS.
WELL I'M GLAD I'M NOT A ARCH, AN ARCHITECT.
NO, THAT WOULD ACTUALLY, THAT'D BE KIND OF NEAT, BUT, OKAY.
ANY THOUGHTS? I WOULD'VE SQUARED IT OFF AND PUT IT ALL THE WAY BACK EVEN WITH THE POOL, BUT THAT WOULD BE A VARIANT.
ALRIGHT, WELL LET'S GO AHEAD AND SEE IF ANYBODY WOULD LIKE TO MAKE A MOTION.
DO YOU HAVE ANY THOUGHTS, MELANIE? WELL, I JUST, THIS MIGHT BE A PHILOSOPHICAL QUESTION, BUT THE UDC OR WHEN WE HAVE NEIGHBORS THAT COME FORWARD UNOPPOSED, IT DOESN'T MATTER VERSUS VEHEMENTLY OPPOSED.
HOW DOES THAT AFFECT THE UDC? ARE WE STILL STRICTLY, YOU MEAN OUR DECISION OR IT DOESN'T AFFECT THE UUD C WHATSOEVER.
SO NEIGHBORHOOD IMPACT SHOULD OR SHOULD NOT HAVE ANY IMPACT ON HOW THE UDC IS APPLIED TO VARIANCES.
YOU'RE SAYING NEIGHBOR'S INPUT.
HOW DOES IT REFLECT ON THAT? WELL, THE UUD C IS CODE AND IT'S, AND IT'S, YOU KNOW MM-HMM
WELL, AND THE NUMBER FOUR THAT WE'RE FOLLOWING HERE TALKS ABOUT IT NOT ALTERING THE ESSENTIAL CHARACTER OF THIS SPECIFIC, UM, DISTRICT.
SO THAT'S WHERE THE NEIGHBORS COMING IN SAYING INTO PLAY, IT'S NOT GONNA AFFECT.
WHAT THAT'S GONNA LOOK LIKE THAT.
NO, I JUST BROUGHT IT UP TO, TO SWAP TO THE, TO THE SECTIONS IF YOU WANTED TO REFERENCE THEM FOR THE THANK YOU
'CAUSE I MEAN, KIND OF GOING THROUGH, I THINK WE CAN PROVE ALL OF THESE POINTS.
UM, WHAT'S UNIQUE ABOUT IT IS THE FACT THAT THE POOL'S GOING BACK AND YOU'VE GOT THAT GREEN BELT BEHIND IT.
SO THAT IS UNIQUE TO THAT PROPERTY COMPARED TO SOME OF THE OTHERS.
I MEAN, I, I I FEEL LIKE THEY'RE, WE CAN MAKE A CASE FOR EACH OF THESE, HONESTLY.
AND WHEN DOES THE POOL COULD BE FINALIZED? NO.
UM, WHAT DATE ARE WE INVITED OVER
I THINK IT WOULD BE, BECAUSE THAT'S KIND OF, OF ONE THE REASONS THAT WE'RE HERE.
YOU KNOW, HOW IS IT AFFECT, HOW IS IT IT CAN AFFECT EVERYONE ELSE OTHER THAN THE APPLICANT.
SO THAT, THAT COMES INTO CONSIDERATION, WHICH IS THE REAL PURPOSE OF THE UUD C RIGHT.
TO MAKE THIS AS A GOOD PLACE TO LIVE AND NEIGHBORS.
AND, BUT WE'VE ALSO HEARD, AND NOT TO WASTE EVERYBODY'S TIME, MAYBE IT'LL SAVE
[01:00:01]
SOMEBODY SOME TIME.WE'VE ALSO HEARD SOME REALLY, REALLY BAD ARGUMENTS.
RIGHT? SO ALWAYS MAKE SURE YOU'RE LOADED WITH THE RIGHT.
DO I HEAR A MOTION? I THINK I'M GONNA MAKE A MOTION TO, WHERE IS MY PAPERWORK HERE? SORRY.
I'LL MAKE A MOTION TO APPROVE THIS VARIANCE.
ALL THOSE IN FAVOR? A UNANIMOUSLY TED APPROVED.
GONNA GO AHEAD AND OPEN THE PUBLIC HEARING
[Items 10 & 11]
TO RECEIVE COMMENTS ON VARIANCE NUMBER 26 DASH ZERO EIGHT FIRST STREET FOR OAK PARK EDITION.FIRST BLOCK, TWO LOTS, ONE, TWO AND 16 3 0 5 OAK PARK DRIVE.
I'M A, I'M A MEMBER OF THE PLANNING DEPARTMENT AND WE'LL BE PRESENTING THIS ITEM.
FIRST WE'LL LOOK AT THE BACKGROUND OF THIS PROPERTY.
UH, THE APPLICANT IS BLAINE TY MATTHEWS ON BEHALF OF THE OWNER, DANNY MUNOZ.
UH, THE PROPERTY IS 0.9961 ACRES IS ZONED R ONE M, AND HIS ADDRESSED IS 3 0 5 OAK PARK DRIVE.
THE APPLICANT IS REQUESTING A VARIANCE TO AN, TO ALLOW FOR AN ADDITIONAL 10 FOOT WIDE CURB CUT AT THIS PROPERTY.
THIS IS A ZONING VIEW OF THE SUBJECT PROPERTY WITH THE PARCEL HIGHLIGHTED IN YELLOW HERE IN THE MIDDLE OF THE SCREEN.
UM, THE PROPERTY IS ZONED R ONE M.
IT IS WITHIN A RESIDENTIAL DISTRICT WITH SOME COMMERCIAL PROPERTIES TO THE WEST.
REGARDING CITIZEN INPUT, 66 NOTIFICATIONS WERE MAILED TO PROPERTIES WITHIN 500 FEET OF THE SUBJECT PROPERTY.
AND THIS REQUEST WAS NOTICED IN THE BERNIE STAR.
WE RECEIVED FIVE RESPONSES, FOUR OF WHICH WERE IN FAVOR AND ONE OF WHICH WAS OPPOSED.
THOSE OPPOSED MENTIONED THE NEGATIVE IMPACT THIS VARIANCE COULD HAVE ON NEIGHBORHOOD CHARACTER.
THIS VARIANCE RE REQUEST RELATES TO UDC SECTION FOUR THREE A SIX, WHICH STATES CURB CUTS SHALL NOT EXCEED A TOTAL OF 18 FEET IN WIDTH.
AND LOTS ARE LIMITED TO NO MORE THAN TWO CURB CUTS.
THIS SLIDE SHOWS SOME OF THE EXISTING CONDITIONS ON THE PROPERTY.
UH, HIGHLIGHTED HERE IN BLUE IS THE FIRST OF THREE EXISTING CURB CUTS ON THIS PROPERTY.
UH, THIS ONE IS APPROXIMATELY 18 FEET WIDE.
THIS IS THE SAME, UH, AERIAL VIEW WITH THE OTHER TWO EXISTING CURB CUTS SHOWN AT THE TOP OF THE SCREEN ALONG OAK PARK.
UH, THEY'RE APPROXIMATELY 10 FEET WIDE.
UH, THE TOTAL OF THE, THE TOTAL WIDTH OF THE EXISTING CURB CUTS IS APPROXIMATELY 38 FEET.
UH, I WOULD LIKE TO MENTION THESE EXIST IN A LEGALLY NON-CONFORMING STATE AND ARE ALLOWED TO CONTINUE IN THEIR USE.
UH, THIS SLIDE SHOWS A SURVEY VIEW OF THE SUBJECT PROPERTY WITH THE NEW PROPOSED, UM, FOURTH CURB CUT FOR THE PROPERTY, SHOWN AN ORANGE ALONG FIRST STREET.
THIS WOULD BE APPROXIMATELY 10 FEET IN WIDTH, BRINGING THE TOTAL CURB CUT WIDTH IF THE PROPOSED WERE APPROVED TO 48 FEET.
AND THIS IS ALL, ALL OF THESE THINGS ARE CURRENTLY ON THE LOT.
THERE'S THE FRAME SHED RIGHT THERE, AND THERE ARE STONE PLANTERS RIGHT THERE.
EVERYTHING ON THIS PARTICULAR PLAT IS, IS STILL THERE? I DON'T BELIEVE SO.
I BELIEVE THERE'S TWO ACCESSORY STRUCTURES AND I BELIEVE THE PLANTERS ARE NO LONGER THERE.
THIS IS A STREET VIEW OF THE SUBJECT PROPERTY FROM FIRST STREET LOOKING EAST.
YOU CAN SEE BACK HERE THIS KIND OF SHINY METAL ROOF IS A, UH, PERMITTED METAL BUILDING THAT EXISTS ON THE PROPERTY THAT THE APPLICANT WOULD LIKE TO ACCESS WITH THE PROPOSED DRIVEWAY.
THIS IS ANOTHER STREET VIEW OF THE PROPERTY TRYING TO SHOW THAT CRESCENT SHAPED DRIVE.
UH, THERE IS QUITE A BIT OF LIKE A LIVING SCREEN ACROSS THE FRONT OF THIS PROPERTY ON OAK PARK.
SO IT'S DIFFICULT TO GET A IMAGE FROM THAT SIDE.
SO THIS IS ALSO FROM FIRST STREET LOOKING TOWARDS OAK PARK, KIND OF JUST TO SHOW THAT CRESCENT SHAPED DRIVE.
UM, AGAIN, THE ORANGE LINE SHOWS THE APPROXIMATE LOCATION OF THE DRIVEWAY WITH
[01:05:01]
THE CURB CUT ALONG FIRST STREET.UM, THEY WOULD LIKE TO INSTALL THIS TO PROVIDE ACCESS TO THEIR, UH, ALREADY PERMITTED METAL BUILDING.
UH, THIS SLIDE SHOWS THE SAME SITE PLAN WITH SOME ALTERNATIVE OPTIONS IDENTIFIED BY CITY STAFF.
UH, BOTH OF THESE OPTIONS WOULD UTILIZE EXISTING CURB CUTS INSTEAD OF CREATING A NEW ONE, UH, AND WOULD ALLOW THEM TO CONTINUE WITHOUT THE NEED FOR A VARIANCE.
WE WILL NOW GO OVER THE FINDINGS OF FACT.
UH, THE FIRST IS UNNECESSARY HARDSHIP, INCLUDING FINANCIAL HARDSHIP.
THE PROPOSED DRIVEWAY WOULD CAUSE THE PROPERTY TO EXCEED THE TOTAL NUMBER OF ALLOWED CURB CUTS AND THE MAXIMUM ALLOWED WIDTH OF CURB CUTS OF 18 FEET.
THE NEED FOR THIS VARIANCE APPEARS TO BE RELATED TO THE PROPOSED LOCATION OF THE DRIVEWAY IN THE LOT AND DOES NOT APPEAR TO BE THE RESULT OF ANY HARDSHIP.
THE SECOND FINDING IS NO CHANGE IN USE.
THIS VARIANCE WILL NOT AUTHORIZE ANY USE OTHER THAN THE USES THE ZONING DISTRICT ALREADY ALLOWS.
THE THIRD IS UNIQUE CIRCUMSTANCE.
UH, THIS IS A FAIRLY LARGE PROPERTY.
IT WAS ORIGINALLY THREE LOTS THAT WERE DEVELOPED AS ONE PROPERTY.
UM, THIS LARGE, THIS LARGE LOT SIZE AND ITS PREVIOUS STATUS IS THREE LOTS.
DOES SUPPORT THE IDEA THAT AN ADDITIONAL CURB CUT MAY BE APPROPRIATE.
HOWEVER, THE SIZE OF THE PROPERTY IN ITS PREVIOUS STATUS, THREE LOTS, IS NOT UNIQUE TO THE PROPERTY AND AS A RESULT IS NOT A RESULT OF GENERAL CONDITIONS OF THE DISTRICT WHICH THE PROPERTY IS IN.
UH, ADDITIONALLY, THERE ARE OTHER SOLUTIONS THAT WOULD ALLOW, UH, THE SAME, UH, OUTCOME FOR THIS PROPERTY.
FOURTH IS, DOES NOT WEAKEN THE GENERAL PURPOSE OF ORDINANCE AND ESSENTIAL CHARACTER OF THE DISTRICT.
UH, CURB CUT REQUIREMENTS ARE CENTRAL TO THE PURPOSE OF THE U-D-C-U-D-C.
PURPOSE STATES EIGHT THINGS THE CODE WAS WRITTEN TO PROTECT.
UH, TWO OF THOSE ARE SECURING SAFETY AND PREVENTING THE OVERCROWDING OF LAND.
IN THE CASE OF THIS PROPERTY, THIS VARIANCE WOULD ALLOW FOR ADDITIONAL DENSITY OF CURB CUTS ALONG FIRST STREET.
THIS VARIANCE ALSO HAS THE POTENTIAL TO AFFECT THE TOTAL NUMBER AND SPACING OF DRIVEWAYS ALONG THIS NEIGHBORHOOD STREET, WHICH COULD POTENTIALLY NEGATIVELY IMPACT THE OVERALL SAFETY ABOVE VEHICLES AND PEDESTRIANS IN THE AREA.
LAST IS NO ADVERSE IMPACT ON PUBLIC HEALTH, WELFARE OR SAFETY.
THE TOTAL NUMBER OF CURB CUTS AT A PROPERTY IS LIMITED FOR SEVERAL REASONS, INCLUDING THE NEED TO MAINTAIN ADEQUATE SPACING FOR TURNOUTS IN RELATION TO TRAFFIC SAFETY.
WHILE THIS IS A LARGE PROPERTY, INCREASING THE NUMBER OF CURB CUTS ALSO FOR THIS PROPERTY ALSO INCREASES THE NUMBER OF LOCATIONS WHERE CARS CAN BE TURNING IN AND OFF OF FIRST STREET.
ALLOWING THIS ADDITIONAL CURB CUT WILL INCREASE THE DENSITY OF TURNOUTS AND COULD ADVERSELY IMPACT THE SAFETY OF THE DISTRICT.
STAFF RECOMMENDS THAT 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 BLAINE TY MATTHEWS ON BEHALF OF DANNY MUNOZ REQUESTING A VARIANCE TO UDC CHAPTER FOUR, SECTION THREE A SIX TO ALLOW FOR AN ADDITIONAL 10 FOOT WIDE CURB CUT ON FIRST STREET FOR OAK PARK EDITION BLOCK TWO LOTS, ONE, TWO, AND 16, ALSO KNOWN AS 3 0 5 OAK PARK DRIVE.
UH, WITH THAT I WILL YIELD TO THE BOARD FOR QUESTIONS AND DISCUSSION WITH THESE MOTIONS.
ARE THESE STILL, UH, THREE SEPARATE LOTS OR HAVE THEY ALL BEEN COMBINED INTO ONE? I BELIEVE THEY'VE ALL BEEN COMBINED INTO ONE.
IF, AND I I'M ASKING IF THIS IS CORRECT, IF I HAVE A FENCE THAT IS EIGHT FEET TALL AND THE UDC SAYS THAT IT SHOULD BE SIX.
RIGHT, BUT IT'S ALREADY BEEN THERE.
AND THEN, UH, I NEED TO MODIFY IT, RIGHT? I WANT TO DO SOMETHING TO IT.
DOES THAT MAKE THAT FENCE NOW SUBJECT TO THE UDC? YES.
SO IT, THERE WOULD BE A THRESHOLD AT SOME POINT TO MODIFICATION.
SO LIKE IF YOU WANT TO, I, I DON'T KNOW EXACTLY WHERE THAT THRESHOLD WILL BE FOR A FENCE, SAY, WELL, THE, THE, THE QUESTION IS GONNA LEAD TO THIS.
IF, IF WE ALLOW, IF WE ALLOW THIS AND THE PROPERTY WAS MODIFIED, THE PROPERTY ITSELF WOULD THEN THE OTHER THREE
SINCE IT'S NO LONGER GRANDFATHERED THAT WE'VE CHANGED THE DYNAMICS OF THE CURB CUTS, THE AMOUNT OF
WOULD THAT THEN NOT SUBJECT THOSE OTHER THREE TO ADHERENCE AND THEY GET TO BE SEALED OFF OR WE SEE OTHER VARIANCE FOR EACH OF THEM, OR? I THINK THAT WOULD ONLY APPLY IF THEY WERE TO ALTER THE EXISTING DRIVEWAYS.
BUT IF THEY WANTED TO DIG UP, SAY ONE OF THE DRIVEWAYS AND MOVE IT 10 FEET IN OTHER DIRECTION, THEN IT WOULD HAVE COME TO COMPLIANCE.
DO Y'ALL HAVE ANY QUESTIONS? SO WHEN YOU ASKED IF THAT WAS STILL ONE LOT OR THREE, IF THAT'S AN INTERESTING
[01:10:01]
QUESTION BECAUSE THEY LISTED ON HERE AS LOTS ONE, TWO, AND 16.SO I SEE WHERE YOU'RE, YOU'RE COMING FROM ON THAT FOR SURE THAT THEY'RE STILL LISTING IT AS THREE LOTS EVEN THOUGH THEY HAVE TO PLA IT.
THAT'S HOW THINGS ARE PLATTED.
YEAH, THEY, THEY, THEY'LL ALWAYS BE THE, AND THEN MY OTHER QUESTION IS JUST, I MEAN, IS THERE A DRIVEWAY POURED BACK THERE THAT THEY'RE GONNA DRIVE ON OR THEY JUST NO, SO THEY ARE WANTING TO INSTALL THE DRIVEWAY, WHICH NECESSITATES THE NEED FOR A CURB CUT IF THEY IN THIS PROPOSED LOCATION.
SO THE DRIVEWAY WOULD BE, UM, IT HAS NOT BEEN POURED YET.
AND WHAT'S TO STOP THEM FROM DRIVING OVER THE CURB TO JUST GET UP THERE? IF THEY DON'T GET THAT CURB CUT, IT'S ILLEGAL
UM, WHICH IS PROBABLY WHAT'S HAPPENING 'CAUSE YEAH.
OKAY, BECAUSE THAT BUILDING'S ALREADY BACK THERE.
THEY'RE GETTING TO IT SOMEHOW.
ANYBODY HAVE ANY QUESTIONS? OKAY.
APPLICANT AND THE OWNER ARE HERE AS WELL.
IF YOU HAVE ANY QUESTIONS FOR THEM OR IF THEY WOULD LIKE TO SPEAK.
YES, YES, WE ARE DEFINITELY GOING TO ASK THEM TO STEP FORWARD NOW IF THEY WOULD LIKE TO SPEAK.
HI, WHAT'S YOUR NAME? TY MATTHEWS.
I'M THE CONTRACTOR WORKING FOR, FOR DANNY AND MARY MUNOZ.
AND UM, SO THE METAL BUILDING IS ACTUALLY BRAND NEW, SO WE JUST PUT THAT IN.
UM, THIS WAS, YOU KNOW, ONE OF EVERYBODY WANTS TO SHOP IN THEIR, UM, PROPERTY AND DANNY'S GOT ROOM AND THAT WAS THE BEST LOCATION FOR IT.
SO WE GOT THAT APPROVED THROUGH THE CITY.
THEN, UM, AS THE PROGRESS KIND OF PROG, OR AS THE PROJECT PROGRESSED, WE ADDED, DECIDED TO ADD THE DRIVEWAY AND THAT WAS WHEN WE FOUND OUT THAT THERE WAS AN ISSUE WITH AN ADDITIONAL CURB CUT.
SO THE INTENTION IS TO, UM, POUR A CONCRETE DRIVEWAY COMING FROM THERE STRAIGHT BACK TO HIS SHOP.
THAT'S THE EASIEST FOR TRAILERS, EASIEST FOR IN AND OUT AND UM, IT'S JUST A, YOU KNOW, JUST A BASIC SHOP, JUST A PERSONAL USE SHOP.
IT'S, AND UM, SO I FEEL LIKE THE CHARACTERISTIC OF THE FACT THAT IT IS THREE LOTS AND IT'S A, A VERY LARGE PROPERTY, UM, SEEMS TO MAKE IT MAKE SENSE TO ALLOW FOR THIS SMALL CURB CUT.
IT DOESN'T HAVE ANY ADVERSE EFFECT ON FIRST STREET.
UM, IT'S A FULLY DEVELOPED STREET.
UM, ALL THE OTHER DRIVEWAYS AND NEIGHBORS PROPERTIES ARE IN PLACE.
I DON'T SEE, UM, ANY REAL OPPORTUNITY FOR CHANGE ON THOSE PROPERTIES.
UM, THE, UM, YEAH, I DON'T, I DON'T REALLY SEE AN, AN ADVERSE EFFECT BASED ON THE SIZE AND TALKING WITH THE CITY.
I THINK THAT'S THE ONLY HOLD UP FOR OUR DRIVEWAY PERMIT WHEN WE SUBMITTED WAS JUST THE ADDITIONAL CURB CUT.
UM, OTHER THAN THAT, AS FAR AS I KNOW, THERE WAS NO OTHER COMMENT GIVEN TO US OTHER THAN THIS.
WELL, YOU HAVE A, JUST, JUST BECAUSE YOU'RE, YOU'RE CURIOUS, YOU HAVE, UH, THREE DRIVEWAYS IN A, I BELIEVE IT'S MEDIUM DENSITY AND YOU KNOW, THAT'S, THAT'S ADDITIONAL IN AND OUT, RIGHT? MM-HMM
FOR PEOPLE TO HAVE TO, AND HOW MANY OF THOSE ARE GONNA BE, YOU KNOW, WITHIN A MEDIUM DENSITY MM-HMM
THERE'S RULES AS TO WHY THAT'S THERE.
YOU HAVE A GRANDFATHERED OR WHATEVER THE TERM MIGHT BE.
AND THERE ARE ACTUALLY TWO ALREADY ON THAT FACING, YOU KNOW, THEY'RE, THEY'RE BEYOND WHAT WE NOW KNOW AS BEING, YOU KNOW, AESTHETIC, SAFE, WHATEVER.
IT'S ALREADY, YOU KNOW, IN, IN THE UVC.
SO I MEAN THERE, THERE ARE PROBABLY REASONS WHY, YOU KNOW, OUTSIDE OF THAT, THAT IT MIGHT NOT BE, UH, YOU KNOW, GOOD TO HAVE THAT OR THERE COULD BE SAFETY CONCERNS.
YEAH, I MEAN IT IS A CORNER LOT AND SO WE FELT LIKE THE CIRCULAR DRIVE WAS JUST TO ADD TO THE, YOU KNOW, AESTHETIC OF THE HOME.
AND THEN OBVIOUSLY THE, UM, DRIVE ON FIRST STREET IS TO ACCESS THEIR GARAGE OF THEIR HOUSE.
AND SO THIS ADDITIONAL DRIVE WOULD BE SPECIFICALLY JUST FOR THE SHOP.
UM, THE ADDITIONAL ROUTES THAT THE CITY PROPOSED, WHICH WOULD TO UTILIZE THE EXISTING CURB CUTS JUST WOULD CREATE A REAL PROBLEM WITH THE EXISTING PROPERTY.
UM, THE, THE ONE THAT WOULD, IF WE ACCESSED THE DRIVEWAY FOR THE GARAGE, THE WATER LINE RUNS RIGHT THROUGH THERE, SO IT'S GONNA HAVE TO BE RELOCATED.
UM, THEY WOULD HAVE TO RELOCATE THEIR FENCE.
UM, THERE'S AN EXISTING CAN WHAT, WHAT HE'S TALKING ABOUT.
CAN WE SEE THAT IN SOME SORT OF A VISUAL PLEASE.
I DON'T HAVE ALL THE FANCY SLIDES LIKE THE ATTORNEY DID.
UM, BUT YEAH, SO, UM, YEAH, SO THE PROPOSED LOCATION, IF WE WERE TO USE THE, THE STREET OR THE DRIVEWAY THAT'S ON FIRST STREET, WE WOULD HAVE TO RELOCATE THAT FENCE.
THE WATER WATERLINE RUNS BASICALLY AT A DIAGONAL FROM THE CORNER OF THE HOUSE OVER TO WHERE THE CORNER OF OUR PROPOSED DRIVEWAY IS.
SO WE WERE TRYING TO MISS ALL OF THOSE UTILITIES AND, AND IT'S THE MOST STRAIGHT ACCESS TO THE SHOP.
AND WE ARE, THERE IS A DOUBLE GATE THERE AND WE ARE CURRENTLY USING THAT FOR, OR THAT IS THE ROAD WE USE FOR CONSTRUCTING THE METAL BUILDING JUST TO GET IN AND OUT OF THEIR PROPERTY.
'CAUSE IT KEEPS US OUT OF THE FRONT OF THEIR PROPERTY WHERE EVERYTHING IS RIGG, IS THAT WHAT YOU WERE TALKING ABOUT? RIGHT? NO, THAT, YEAH.
SO WE ARE CURRENTLY GOING OVER
[01:15:01]
THE CURB.CAN WE GET ALAN HERE? PLEASE DON'T
BUT THE BUILDING IS ACTUALLY COMPLETE AND UM, WE WOULD JUST, WE'VE ACTUALLY, THE ONLY THING PENDING IS REALLY GETTING THIS DRIVEWAY IN.
SEE IF THEY CAN I KNOW I, BUT THE ONE THAT'S COMING OFF THE CIRCULAR DRIVE, I MEAN IT, THERE'S, SO THE ISSUE WITH THAT, AND I DON'T HAVE A, A RENDERING AND I SHOULD HAVE BROUGHT A PICTURE OF IT.
SO THERE'S A 20 FOOT A ROLL-UP DOOR, WHICH FACES FIRST STREET.
SO IF WE CAME FROM OAK PARK, NOW HE'S COMING IN AND HE'S NOT ACTUALLY IN AN ANGLE TO WHERE HE COULD ACTUALLY BACK INTO HIS SHOP.
SO THAT, THAT ROLL-UP DOOR FACES FIRST STREET.
YOU SHOULD SEE ME PARK MY 28 FOOT TRAILER ON SCHOOL STREET.
SO IT WAS DESIGNED TO ALWAYS HAVE THE DRIVEWAY COME IN FROM THAT WAS THE INTENTION.
WE WERE UNAWARE THAT THERE WAS AN ISSUE WITH AN ADDITIONAL CURB CUT REQUIREMENT.
UM, IT JUST, IT, IT SEEMED LIKE IT WAS KIND OF A NO-BRAINER, BUT, AND THIS IS, UH, IT IS A CORNER LOT AS WELL, CORRECT? THAT'S RIGHT.
SO IF YOU, YOU KNOW, IF I HAD A REAL CONCERN ABOUT THE SAFETY OF THE CORNER ASPECT, IT WOULD BE THAT YOU WERE PUTTING IT, YOU KNOW, TOWARDS OAK PARK ON THAT SIDE, CORRECT? YES SIR.
YEAH, OAK PARK IS A PRETTY BUSY STREET.
FIRST STREET IS RELATIVELY LIGHT IN TRAFFIC.
AND AGAIN, BEN HAD US CHECK ALL OF THE, UM, AND BEN'S BEEN GREAT TO WORK WITH BY THE WAY.
AND SO VERY, VERY NICE, PLEASANT.
UM, BUT WE HAD US CHECK ALL OF THE SPACING REQUIREMENTS IN RELATION TO THE NEIGHBORS AND ALL THOSE THINGS.
AND WE ARE, YOU KNOW, WE'RE OUTSIDE OF THE, WE'RE THERE'S PLENTY OF ROOM BETWEEN OUR DRIVEWAY AND THE DRIVEWAYS THAT ARE CURRENTLY THERE.
DO YOU GUYS HAVE ANY MORE QUESTIONS FOR THE CONTRACTOR? DID THE, DID Y'ALL HAVE ANYTHING YOU WANTED TO SAY, DANNY OR MARY? I, OKAY, THANK YOU.
WOULD LIKE TO GO AHEAD AND OPEN IT UP TO THE REST OF YOU FOLKS IF SOMEBODY WOULD LIKE TO COME FORWARD AND SPEAK ABOUT THIS PARTICULAR VARIANCE.
ALRIGHT, SO AT THIS POINT I'M GONNA YAWN AND I'M GONNA CLOSE THIS PARTICULAR, OH MY GOODNESS, I'M VERY FAMILIAR WITH THIS PROPERTY.
I, I BIKE AND RUN BY IT ALL THE TIME.
AND, AND OAK PARK IS VERY BUSY.
UM, FIRST IS NOT, AND I GUESS IF YOU CONSIDER THE THREE OTHER DRIVEWAYS ALREADY GRANDFATHERED IN AND REALLY THIS IS THEIR FIRST CURB CUT, IF YOU KIND OF THINK ABOUT IT IN THAT WAY,
AND THEN THE NEXT PEOPLE MOVE IN AND THAT'S IT.
IT'S ALL NO MORE CURBS,
UM, KINDA THE MOST DIFFICULT ONE FOR ME SO FAR.
LAURA
USED TO BE THREE LOTS AS FAR BACK AS IT SITS, AND IT IS FAR ENOUGH AWAY FROM THE NEIGHBOR'S DRIVEWAY, BUT THEY DO HAVE THREE ALREADY.
SO
YOU KNOW, PART OF ME WONDERS IF THE, IF THE INTENT OF THE UDC WAS, AND MAYBE THEY THOUGHT ABOUT THIS ALREADY, BUT THE FACT THAT IT'S A CORNER LOT, SO YOU'RE FACING TWO STREETS.
SO A LOT OF LOTS DON'T DO THAT.
AND THEY'RE ALLOWED TWO CUTS, RIGHT, ON ONE FRONTAGE, AS LONG AS IT'S WITHIN WHAT, 18 FEET, RIGHT, TOTAL.
AND WE HAVE TWO ROAD FRONTAGES, WHICH KINDA MAKES ME THINK, OKAY, TWO ON EACH, THAT SORT OF FITS THE INTENT OF THE UDC, BUT I KNOW IT'S NOT SPELLED OUT THAT WAY.
IT'S ACTUALLY SMALL UDC, YOU KNOW, I COULD, I COULD SEE THE LONG BLUE LINE COMING OFF THE CIRCLE DRIVE.
BUT IT DOES THROW A LOT OF TRAFFIC OUT ONTO, OR I DON'T KNOW HOW MUCH TRAFFIC WILL BE IN AND OUT ONTO OAK PARK, WHICH IS A REASON NOT TO PUT IT, NOT TO DO THAT LONG BLUE LINE.
IF I WERE TO KINDA LIKE SUMMARIZE, IT WOULD BE THAT OAK PARK DRIVE IS THE BUSIEST TREE AND HAVING MORE TRAFFIC GOING IN AND OUT OF THERE WOULD BE BAD.
[01:20:01]
YOU HAVE THE PROPOSED COMING OFF OF THE DRIVEWAY OFF OF FIRST STREET, AND THAT IS GOING TO BE A UTILITY NIGHTMARE.UM, I DON'T KNOW HOW TO EVEN WORK WITH THE CITY ON SOMETHING LIKE THAT.
WOULD THAT BE PRETTY MUCH THE SUMMATION? I THINK, WHY DO YOU SAY UTILITY NIGHTMARE? BECAUSE IF YOU WERE TO HAVE TO PULL UP THE REWIND THE WATER LINE, YOU MEAN? MM-HMM
OH, CAN YOU CLARIFY? IS THAT JUST A SPRINKLER LINE OR IS THAT THE ACTUAL WATER? NO, SIR.
THAT'S THE MAIN WATER LINE OF THE HOUSE.
THAT'S, THAT'S PROBABLY LIKE ABOUT 20 BUCKS.
BUT IT'S ON THE CUSTOMER SIDE OF THE METER.
PART OF IT, ONCE WE GET INTO THEIR PROPERTY, THAT'S CORRECT.
IT WOULD BE ON THE CUSTOMER SIDE.
SO THE METER IS OVER NEAR THE CURB AND THEN IT'S THE CUSTOMER'S MAIN LINE THAT RUNS OVER TO THEIR PROPERTY.
IT IS NOT, SO JUST TO CLARIFY, IT'S NOT THE UTILITY WATER LINE, IT'S THE CUSTOMER'S WATER LINE.
I DON'T KNOW WHICH WAY TO GO IT.
SO IT SEEMED LIKE THE, THE LESSER OF ALL EVILS, UH, YOUR LAST POINT KIND OF MADE ME THINK MORE OF, YOU KNOW, ALONG THE LINES OF MAYBE THAT'S THE HARDSHIP, IS YOU REALLY CAN'T, YOU'VE GOT THE SPACE TO UTILIZE, BUT YOU CAN'T ACCESS IT WITHOUT CREATING A POTENTIAL PROBLEM ON OAK PARK TRYING TO BACK TRAILERS IN.
WELL, JUST, JUST TO MAKE IT CLEAR, THIS IS THAT THAT IS A JUST GREAT EXAMPLE OF CREATING A HARDSHIP, RIGHT? CORRECT.
YOU NEVER HAD TO PUT THE RIGHT, I MEAN, I'M NOT SAYING ANYTHING THAT'S DONE RIGHT, BUT YOU NEVER HAD TO PUT THE BUILDING RIGHT THERE.
YOU COULD'VE THOUGHT OF THAT BEFORE, YOU KNOW? YEAH.
BUT I ALSO JUST DON'T SEE ANY EVIDENCE THAT, UM, THAT SPECIFIC CURB CUT LOCATION CREATES A MEASURABLE TRAFFIC OR VISIBILITY CONCERN.
AND THAT MY ORIGINAL ASSUMPTION WAS GONNA BE THAT IT WAS GONNA BE ON OAK OAK PARK DRIVE, RIGHT? RIGHT.
AND A THIRD ONE ON OAK PARK DRIVE.
AND THEN IF IT WERE TO BE CLOSER TO THE CORNER WHERE THOSE TREES ARE, IT'S, THERE'S ALREADY AN OBSTRUCTION, IT WOULD BE VERY BAD, UH, RIGHT THERE.
ESPECIALLY WITH OAK PARK BEING AS BUSY AS IT'S BEING THAT IT'S ON THIS SIDE, IT, YOU KNOW, IT, IT MAKES A LITTLE MORE SENSE.
SO JUST AS A CLARIFICATION, THERE WERE A COUPLE NEIGHBOR COMMENTS ABOUT THIS NOT BEING USED FOR COMMERCIAL PURPOSES, AND I HEARD YOU SAY IT'S PURELY FOR PERSONAL USE.
THIS IS JUST A PERSONAL WORKSHOP.
AND THIS IS JUST THE EASIEST WAY TO ACCESS IT WITHOUT HAVING TO ADVERSELY AFFECT THE REST OF HIS PROPERTY.
THE, AND, AND I'M GLAD THAT YOU BROUGHT THAT UP, BECAUSE THAT DOESN'T MEAN THAT THE NEXT PERSON THAT ACTUALLY MOVES IN ISN'T GOING TO DECIDE THAT THEY'RE GONNA TURN IT INTO A COMMERCIAL OR NOT COMMERCIAL, BUT I MEAN, YEAH, I MEAN, I GUESS THEY'D HAVE TO GET CITY APPROVAL, RIGHT? IF THEY WERE GONNA RUN A BUSINESS OUT OF IT OR SOMETHING.
I'M, I'M NOT SURE WHAT THE CODE IS IN REGARDS TO THAT, BUT THERE'S NOT, BUT IT'S ALWAYS, IT'S ALWAYS, IT'S ALWAYS A HARDSHIP ON US.
'CAUSE WE HAVE TO CONSIDER FUTURE.
I RECOGNIZE THE POSITION YOU'RE IN.
AND I, AND I RECOGNIZE THE, THE WHY THE UDC IS THERE AND WHY THAT CODE IS THERE.
I JUST THINK THAT BECAUSE THIS IS THREE LOTS AND WE'RE IN THE BACK OF THE PROPERTY AND WE'RE ON FIRST STREET, I, I THINK, UM, IT MAKES ROOM FOR AN EXCEPTION IN THIS SPECIFIC CASE.
I, AND SO I I COMPLETELY UNDERSTAND.
NO, AND I, AND AGAIN, WE APPRECIATE Y'ALL VERY MUCH REGARDLESS.
THE ONE RESPONDENT WHO LIVES ON FIRST STREET WAS IN FAVOR OF IT.
UM, I, I MOVED TO APPROVE, OH MY GOSH, WHAT'S MY VERBIAGE?
[01:25:01]
PARK EDITION FIRST BLOCK, UH, BLOCK TWO LOTS.ONE, TWO, AND 16 KNOWN AS 3 0 5.
I, YOU FIRST IT ALL SECOND READ IT FOR YOU.
SO WE'LL PUT IT UP FOR A VOTE.
ALL THOSE IN FAVOR RAISE THEIR HAND.
WE'RE, WE'RE ALL GETTING ALONG TONIGHT.
WE'RE ON NUMBER 73 IN THE DOCKET TODAY.
LET'S SEE, THIS IS, UM, SO WE JUST DID THAT ONE.
SO GONNA OPEN THE PUBLIC HEARING FOR
[Items 12 & 13]
CONSIDER VARIANCE NUMBER 26 DASH ZERO NINE A REQUEST FROM JOSH PULLUM REQUESTING A VARIANCE TO THE CITY OF BURN UBC CHAPTER FOUR, SECTION 4.5 A THREE TO NOT REQUIRE GARAGE OR CARPORT FOR OAK PARK ADDITIONS.SECOND BLOCK FIVE LOT 3 1 9 ROOSEVELT AVENUE.
AND I WILL JUST PERSONALLY SAY THIS IS THE FIRST TIME I'VE EVER HAD SIX OR SEVEN ON ONE DOCKET.
AND THE FIRST TIME I'VE HAD SOMEBODY REQUEST NOT TO BUILD ANYTHING.
YES, THIS IS DEFINITELY A FIRST FOR THIS BOARD.
SO, BUT, UM, JUST TO REPEAT WHAT YOU SAID, THIS IS FOR 1 0 9 ROOSEVELT AVENUE, THE APPLICANT, AND THE OWNER OF THIS PROPERTY IS JOSH PULLMAN.
THE PROPERTY IS JUST OVER A QUARTER OF AN ACRE AND IT IS ZONED R ONE M MEDIUM DENSITY RESIDENTIAL.
AND THEY HAVE REQUESTED A VARIANCE TO NOT REQUIRE A GARAGE OR CARPORT.
THIS IS ALSO A FIRST FOR ME,
HERE WE HAVE THE ZONING MAP OF THE PROPERTY.
THIS WHOLE AREA, THE NEIGHBORHOOD IS ALL ZONED R ONE M.
UM, THIS PROPERTY WAS NOTICED TO 70, I'M SORRY, 71 NOTIFICATIONS WERE MAILED TO PROPERTY WITHIN 500 FOOT RADIUS ON MAY THE FOURTH.
AND IT WAS NOTICED IN THE BERNIE STAR.
UH, WE HAVE RECEIVED AT THIS TIME SEVEN DIFFERENT RESPONSES, EITHER IN PERSON IN WRITING OR, UH, THROUGH PHONE CALLS.
AND FIVE OF THEM WERE IN FAVOR OF THE REQUEST AND TWO OF THEM WERE AGAINST THE REQUEST.
THEIR REASON WAS THEY WANTED ADDITIONAL INFORMATION ABOUT THE PROJECT.
UH, THIS IS UPDATED FROM YOUR PACKET, UM, BECAUSE WE DID RECEIVE MORE SINCE YOU RECEIVED IT.
SO THIS VARIANCE IS IN REGARDS TO SECTION FOUR DASH FIVE A THREE, WHICH STATES THAT ALL SINGLE FAMILY RESIDENCES AND DUPLEX RESIDENCES SHALL INCLUDE A GARAGE OR CARPORT.
IT IS WORTH NOTING THAT THIS APPLIES TO ALL SINGLE FAMILY AND DUPLEX RESIDENTS, REGARDLESS OF THEIR ZONING DISTRICT.
SO WHETHER THEY'RE ZONED RM, UH, R ONE M, WHATEVER.
IF IT'S A SINGLE FAMILY DUPLEX, A SINGLE FAMILY OR DUPLEX, THIS REQUIREMENT APPLIES.
SO HERE WE HAVE AN AERIAL VIEW OF THE PROPERTY AT, UH, THE NORTH SIDE OF THE SCREEN IS ROOSEVELT STREET.
YOU'LL SEE THAT AS WE'RE GOING THROUGH THE PRESENTATION, 'CAUSE THE, UH, THE SLIDES KIND OF ROTATE AROUND, UH, THAT WAY YOU CAN STILL READ THE INFORMATION THAT IS ON THEM.
HERE WE HAVE A RECENT STREET VIEW OF THE PROPERTY.
SO THIS WAS PURCHASED BACK IN FEBRUARY OF THIS YEAR BY THE CURRENT OWNERS.
UM, THEY PURCHASED IT WITH THE INTENT OF REMODELING THE SITE, AND THEY DID COME IN FOR CITY PERMITS.
AND THEY DID LET US KNOW THAT THE PREVIOUS TENANT, UM, EXCUSE ME, THE PREVIOUS OWNER HAD CONVERTED THE GARAGE WITHOUT A PERMIT.
UM, AT THIS TIME, THEY WANTED TO GET EVERYTHING UP TO CODE TO MAKE, MAKE SURE EVERYTHING WAS, UH, IN LINE AND SAFE FOR THEM FOR THIS PROPERTY.
UM, AT THIS TIME, YOU CAN SEE THAT THEY WENT AHEAD AND RECEIVED A PERMIT AND STARTED DOING THE WORK FOR THE REMAINING, UH, THE REMAINING PART OF THE REMODEL, NOT FOR THE GARAGE CONVERSION ITSELF.
AND THAT'S WHY YOU'LL SEE A DUMPSTER OUT THERE.
AND THEY'VE RECENTLY DONE OTHER WORK TO THE SITE.
OKAY, HERE WE HAVE A RECENT SURVEY OF THE PROPERTY HERE ON THE RIGHT, YOU CAN SEE THE FULL PROPERTY.
LIKE I SAID, IT'S A LITTLE OVER A QUARTER OF AN ACRE, SO IT'S REASONABLY SIZED.
UM, AND THE HOME IS PRETTY CENTRALLY LOCATED.
SO HERE IF WE ZOOM IN A LITTLE SO YOU CAN READ, WE CAN SEE THAT HERE.
UM, AGAIN, WE, WE FLIP RIGHT AROUND.
SO ROOSEVELT IS NOW AT THE, AT THE SOUTH SIDE OF THE, UH, SCREEN.
UH, BUT HERE ON THE RIGHT SIDE, THE PROPERTY, UM, EXCUSE ME, THE HOME IS JUST UNDER 10 FEET FROM THE PROPERTY LINE.
[01:30:02]
THE, UH, THE HOME IS SET BACK 30.7 FEET, HOWEVER, RIGHT HERE IS WHERE THE CURRENT GARAGE IS, AND THE APPROXIMATE DISTANCE FROM WHERE THE GARAGE IS TO THE FRONT PROPERTY LINE IS APPROXIMATELY 40 FEET.AND IT IS A SINGLE CAR GARAGE CURRENTLY.
DO WE KNOW HOW IT WAS LISTED WHEN THEY PURCHASED THE HOUSE? I MEAN, DID THEY PURCHASE IT AND IT WAS LISTED AS A GARAGE OR DID THEY PURCHASE IT AND IT WAS LISTED AS A ROOM? I'M, I DON'T KNOW.
UH, SO HERE WE HAVE AN ALTERNATIVE OPTION.
SO, BEFORE APPLYING FOR THE PERMIT, THEY DID LOOK AT A FEW, UH, DIFFERENT OPTIONS, INCLUDING HERE, UH, CONSTRUCTING A DETACHED CARPORT IN THE REAR OF THE PROPERTY.
HOWEVER, BECAUSE IT'S ONLY 9.9 FEET FROM THE PROPERTY LINE TO THE EDGE OF THE HOUSE HERE, UH, IT, IT'S TOO SMALL, IT'S TOO NARROW IN ORDER TO MEET THE REQUIRED, UM, DRIVEWAY WIDTH AS WELL AS THE SPACING REQUIREMENT FROM THE DRIVEWAY TO THE PROPERTY LINE.
UH, WHAT YOU'LL SEE HAVE CROSSED OUT HERE IS WHAT THEY WERE HOPING WOULD BE THE CASE.
UM, THEY'RE HOPING IT WAS AN ERROR WITH THE SURVEY.
UM, TO MY KNOWLEDGE, THE SURVEY IS STILL ACCURATE.
SO THEY DID EXPLORE THIS, AND HERE WE CAN TAKE A LOOK AT THE PROPOSED FLOOR PLAN.
SO ROOSEVELT STREET IS AT THE TOP OF THE SCREEN AGAIN.
UM, AND SO HERE WE CAN SEE THAT THEY'RE PROPOSING TO CONVERT THE GARAGE INTO A MASTER BEDROOM.
THE APPROXIMATE SIZE OF THE, UH, OF THE HOME WITH THE CONVERSION IS JUST OVER 1200 SQUARE FEET.
UM, THEY DID LOOK INTO THE POSSIBILITY OF BUILDING AN ADDITION TO THE REAR OF THE HOME.
SO OVER HERE, HOWEVER, BECAUSE OF THE EXISTING CONFIGURATION, THAT WAS A MORE SIZABLE, UM, REMODEL THAN WHAT THEY HAD INTENDED.
UH, LOTS OF DIFFERENT PLUMBING AND ELECTRICAL WORK LIKE, HERE WE GO.
SO FINDINGS A FACT, UH, NUMBER ONE, UH, HAVING TO DO WITH THE UNNECESSARY HARDSHIP, INCLUDING A FINANCIAL HARDSHIP.
THE PHYSICAL DEVELOPMENT ON THIS LOT LIMITS GARAGE OPTIONS, BUT THE NON-FINANCIAL HARDSHIP IS UNCLEAR.
UH, AS I MENTIONED, THEY DID EXPLORE ALTERNATIVES AND HAVING A DRIVEWAY AROUND THE SIDE THERE IS, IS NOT AN OPTION.
UM, AT LEAST WITHOUT A DIFFERENT VARIANCE, UH, NO CHANGE IN USE IS NUMBER TWO.
THIS VARIANCE WILL NOT AUTHORIZE ANY USE OTHER THAN THE USES ALREADY ALLOWED IN THE ZONING DISTRICT.
UM, THIS IS TO NOT REQUIRE SOMETHING.
UH, NUMBER THREE IS DEALING WITH UNIQUE CIRCUMSTANCES RELATED TO THE PROPERTY AND GENERAL CONDITIONS.
SO THE ON PERMITTED CONVERSION AND THE RESTRICTIVE LOT GEOMETRY WERE INHERITED, NOT CREATED BY THE OWNER.
THIS HOME WAS CONSTRUCTED BACK IN 1962, WELL BEFORE THE UDC WAS ADOPTED IN 21.
UH, NUMBER FOUR, IT DOES NOT WEAKEN THE GENERAL PURPOSE OF ORDINANCE AND ESSENTIAL CHARACTER OF THE DISTRICT.
UH, THIS REQUIREMENT PROMOTES ORDERLY DEVELOPMENT TO ENSURE ADEQUATE OFF STREET PARKING AND CHARACTER.
UH, HOWEVER, THE EXISTING 40 FOOT DRIVEWAY PARTIALLY SATISFIES THIS INTENT.
AND NUMBER FIVE, NO ADVERSE IMPACT ON PUBLIC HEALTH, WELFARE AND SAFETY.
UM, THIS PROPOSED VARIANCE COULD IMPACT NEIGHBORHOOD PARKING CAPACITY, NEIGHBORHOOD CHARACTER, AND GENERAL WELFARE IN THE AREA.
SO STAFF RECOMMENDS THAT THE ZONING BOARD OF ADJUSTMENT HOLD A PUBLIC HEARING AND DETERMINE IF THE CRITERIA FOR A VARIANCE HAVE BEEN MET AND APPROVE OR DENY THE VARIANCE REQUEST OF JOSH FULLMAN, UH, REQUESTING A VARIANCE TO THE CITY OF BERNIE UDC SECTION.
UH, SECOND BLOCK FIVE LOT 3 1 0 9 ROOSEVELT.
AND HERE ARE YOUR EMOTIONS FOR CONSIDERATION.
THE APPLICANT OWNER IS HERE AS WELL, IF YOU HAVE ANY QUESTIONS FOR THEM.
DOES ANYBODY HAVE ANY QUESTIONS? I MEAN, MY QUESTION, AND I'M NOT SURE IF IT'S TO YOU OR TO THE OWNER, BUT IF YOU HAVE A 40 FOOT DRIVEWAY, WHY WOULDN'T YOU JUST ADD A CARPORT TO THAT AND MEET THE UDC? SO I CAN EXPAND ON THAT? UH, WE DO HAVE FRONT SETBACK REQUIREMENTS.
SO IF WE TAKE A LOOK HERE, A ATTACHED GARAGE, MINIMUM SETBACK IS 25 FEET.
SO THERE IS POTENTIAL TO PUT AN ATTACHED GARAGE HERE.
UH, HOWEVER IT WOULD REQUIRE, UH, TAKING SOME OF THE EXISTING GARAGE SPACE IN ORDER TO MEET THE MINIMUM DIMENSIONAL STANDARDS.
UH, THEY'RE OH, FOR THE, YEAH, FOR GARAGE.
UH, A PARKING SPOT IS NINE BY 18.
SO A GARAGE, A SINGLE CAR GARAGE
[01:35:01]
NEEDS TO BE AT LEAST 20 FEET LONG AND, YOU KNOW, 10, 11 FEET WIDE.SO THEY WOULD RUN INTO SOME ISSUES THERE.
UH, POTENTIALLY MAKING THE, UH, THE USABLE SPACE INSIDE THE EXISTING HOME SMALLER.
IF THEY DID WANT TO DO EIGHT DETACHED, UH, ITEM, WHETHER IT WAS A GARAGE OR A CARPORT, IT'S NOT ALLOWED IN FRONT OF THE HOME.
IT HAS TO BE SET BACK ONE AND A HALF TIMES THE FRONT SETBACK.
SO IN THIS CASE, IT WOULD HAVE TO BE SET BACK 45 FEET.
AND AS WE DETERMINED IT CAN'T FIT THROUGH HERE.
OF COURSE, THERE IS THE OPTION OF MOVING THE DRIVEWAY TO THIS SIDE.
HOWEVER, THEN YOU COULD RUN INTO ISSUES LIKE IMPERVIOUS COVER AND CHARACTER OF THE NEIGHBORHOOD, THINGS LIKE THAT.
SO THAT, THAT BRINGS UP MY QUESTION RIGHT NOW.
SO YOU'RE SAYING IT'S NOT BIG ENOUGH, IT'S BIG ENOUGH FOR A CAR, BUT IT'S NOT BIG ENOUGH FOR IT TO BE LISTED AS A DRIVEWAY, AN OFFICIAL DRIVEWAY, RIGHT.
I MEAN, YOU CAN DRIVE A CAR THROUGH 10 FEET, 9.9, RIGHT? SO, RIGHT.
AND, AND WHEN YOU SAY IMPERVIOUS, SO I'M, I'M, NOW I'M GONNA GO INTO WHAT IS A DRIVEWAY? MM-HMM
SO IF THEY, IF THEY, THEY COULD VERY EASILY DO THAT IN THE BACK.
LET'S PRETEND LIKE THEY DON'T EVEN NEED A DRIVEWAY.
THEY'RE JUST GONNA MIRACULOUSLY APPEAR IN THAT, YOU KNOW, IN THE, IN THE PARKING AREA IN THE BACK.
THEY COULD ESSENTIALLY, THEY CAN, THEY CAN DRIVE AROUND THEIR HOUSE ALL DAY, CAN'T THEY? SO IF IT'S GOING TO BE AN APPROVED SERVICE, UH, OR RATHER TAKE A STEP BACK.
SO THIS REQUIRES A PERMIT TO MAKE THIS CHANGE, UH, TO CONVERT THE REMODEL, THE GARAGE TO THE INTERIOR SPACE.
WE WILL NOT ISSUE A PERMIT UNLESS THEY MEET THIS REQUIREMENT OF SOME KIND OF CARPORT OR A GARAGE.
IN ORDER FOR THAT TO BE MET, THERE DOES HAVE TO BE A SAFE TRAVEL WAY TO THAT CARPORT OR GARAGE.
SO FOR A DRIVEWAY, OUR MINIMUM STANDARD IS NINE FEET WIDE.
PLUS WE REQUIRE ALL IMPERVIOUS COVER TO BE AT LEAST TWO.
UH, UH, YEAH, ALL IMPERVIOUS COVER TO BE AT LEAST TWO FEET FROM THE PROPERTY LINE.
SO THAT WOULD REQUIRE A MINIMUM OF 11 FEET.
AND, AND THAT IS A VERY NARROW DRIVEWAY.
AND I WILL ALSO SAY THERE IS SOME VEGETATION THAT ISN'T REALLY CAPTURED IN THIS SURVEY.
SOME EXISTING TREES ON THE SITE.
ANYBODY HAVE ANY QUESTIONS? NO.
I, UH, WOULD MR. PULLMAN LIKE TO COME UP? JUST STATE, STATE YOUR NAMES.
SO A, AS SHE SAID, WE PURCHASED THE HOME BACK IN FEBRUARY AND WE KNEW THAT THE GARAGE WAS CONVERTED, BUT WE WEREN'T AWARE THAT IT WASN'T DONE PROPERLY, THAT THEY HADN'T PERMITTED THE WHOLE THING.
UM, SO AS WE STARTED GOING THROUGH EVERYTHING, UH, WITH MS. LINDER, SHE WAS KIND OF SHOWING US HERE'S AN OPTION, HERE'S AN OPTION.
AND EVERY SINGLE ONE, UH, BECAUSE OUR GOAL HAS BEEN TO PLAY BY THE RULES, RIGHT? WE'VE BEEN TRYING TO GO THROUGH AND GO THROUGH EVERYTHING WITH HER.
AND EVERY SINGLE THING THAT WE KIND OF WENT UP AGAINST, WE GOT SHOT DOWN.
AND SO THE, THE, THIS LAST ONE WAS KIND OF GETTING INTO THE BACKYARD BUILDING, YOU KNOW, A PORT, OR SORRY, A PORT, UH, PORT CARPORT.
UM, THERE IS A HACKBERRY TREE THAT'S RIGHT ABOUT AT THAT SAME SPOT WHERE IT SHOWS THE, THE NINE FOOT NINE.
AND SO IT IS A HACKBERRY THAT'S RIGHT THERE SO EASILY COULD GO AWAY, BUT WE'RE LIMITED BY GETTING BACK THERE.
WE'RE, WE'RE OKAY WITH THE, THE NARROWER DRIVE, BUT AS SHE STATED, THAT WASN'T AN OPTION.
UM, SO OUR, OUR GOAL HAS BEEN TO KIND OF, THIS WHOLE TIME HAS BEEN PLAY BY THE RULES, BUT WE JUST KIND OF RAN OUTTA RULES THAT WE COULD HIT.
A LOT OF PEOPLE SOMEHOW JUST FORGET
I CAN CERTAINLY BE APPRECIATED.
SO WE ACTUALLY DID TAKE TIME TO GO THROUGH AND OUR NEIGHBOR, WHO'S RIGHT ACROSS THE STREET FROM US, MARK, HE WAS ONE OF THE, UH, RESPONSES.
HE, HE WAS SUPPOSED TO BE HERE TONIGHT.
HE HAD AN ISSUE WITH HIS GRANDDAUGHTER AND SO HE COULDN'T COME AND HE HAD SAID HE WAS ALL IN FAVOR OF IT.
UM, AND SO WE, WE WENT THROUGH AND GOT ADDRESSES OF EVERYTHING KIND OF SOUTH OF RIVER ROAD THAT'S IN THAT LITTLE AREA OFF OF OAK PARK AND MM-HMM
THERE'S OBVIOUSLY A LOT OF HOMES THAT HAVE HAD A GARAGE CONVERTED.
SO WE, WE'VE GOT A BUNCH OF THOSE ADDRESSES, IF, IF THAT'S HELPFUL IN ANY WAY TOO.
DOES ANYBODY HAVE ANY QUESTIONS FOR THEM? TO YOUR EARLIER QUESTION ABOUT WHEN WE PURCHASED THE HOME, WE JUST BOUGHT IT PRIVATE SELLER.
IT WASN'T EVER LISTED ON THE MARKETPLACE.
AND SO THAT'S, THERE WASN'T ANY TRANSACTION LIKE THAT THAT WOULD'VE TOLD US THAT IT WASN'T PERMITTED OR ANYTHING LIKE THAT.
IT WASN'T LIKE AN MLS LISTING THAT WE'VE HAD.
HAVE MORE QUESTIONS NOW WE'RE GONNA OPEN IT
[01:40:01]
UP TO THE PUBLIC.IF SOMEBODY WOULD LIKE TO COME FORWARD, PLEASE STATE YOUR NAME.
I'M, UH, A MEMBER OF THE HOA OF HILL COUNTRY PLAZA AND WE GOT TWO, UH, MAILINGS FOR VARIANCES AND ONE WAS TO ASK FOR TWO FEET.
AND NOW, UH, THIS VARIANCE, UH, YOUR HOUSE ISN'T RIGHT BEHIND HILL COUNTRY PLAZA.
IS THAT SO, SO I'M, THAT'S, THAT WAS MY CONFUSION.
FROM FOR US THEN, BECAUSE YOU HAD OPPOSED IT, RIGHT? YEAH.
AND I, I'D LIKE TO, I HAVE NO PROBLEM.
I HAVE, I JUST TAKE THAT BACK.
LET IT BE KNOWN ON THE RECORD THAT IT HAS BEEN CHANGED TO A THUMBS UP.
IS THAT GOOD?
WOULD ANYBODY ELSE LIKE TO COME FORWARD FIRST? THANK YOU ALL.
OH, WE, WE FOUND IT VERY INTRIGUING AS WELL.
I'M GONNA GO AHEAD AND CLOSE THE PUBLIC HEARING.
I, I, THE EASIEST THING I'VE EVER DONE IN MY LIFE.
UM, BUT I DO WANT TO HEAR FROM THE COLLECTIVE.
WHAT DO YOU THINK? AGAIN, THAT'S A TOUGH ONE BECAUSE I THINK IT'S A TOUGH ONE BECAUSE, I MEAN, IT'S REQUIRED BY THE UDC THAT THEY HAVE THIS, UM, BUT NOW THEY'RE GONNA HAVE TO CONVERT IT BACK.
SO WHERE ARE WE AT? LIKE, TO MEET THIS, WE'RE GONNA HAVE TO CONVERT IT BACK AS OPPOSED TO JUST IMPROVING WHAT THEY ALREADY WALKED INTO.
I THINK THEY'RE REALLY IMPROVING.
THE STRUCTURE ITSELF, OBVIOUSLY PLENTY OF PARKING ON THAT DRIVEWAY, THEY, IT'S NOT LIKE THEY'RE PARKING ON THE STREET BECAUSE OF IT.
'CAUSE THEY'VE GOT 40 FEET OF A DRIVEWAY, WHICH IS A LOT BIGGER THAN WHAT I HAVE, SO.
MAYBE WE, WE OUGHT TO SAY AS LONG AS THEY MAKE THE REST OF THEIR DRIVE THEIR REST OF THEIR FRONT YARD OF THE DRIVEWAY FOR EVERYBODY
IT'S NICE TO BE ABLE TO SELL IT AS A THREE BEDROOMS. WAIT, Y'ALL ARE GONNA BE OUR NEIGHBOR FOREVER.
HE DIDN'T SAY ANYTHING ABOUT SOLID
OH, THAT'S, IT'S THEIR MASTER BEDROOM.
WELL, AND I MEAN, THEY BOUGHT IT AS A THREE BEDROOM YEAH.
YEAH, I MEAN, TO ME IT SOUNDS LIKE THEY'VE SORT OF ENTERTAINED IT, UH, OTHER OPTIONS, WAYS TO GET AROUND IT, NOT NECESSARILY GET AROUND IT, BUT APPEASE THE, UH, CITY AND KEEP HITTING ROADBLOCKS.
UM, TO ME THAT QUALIFIES AS A HARDSHIP.
DO, DO I HEAR A MOTION? MOTION TO APPROVE? MOTION TO APPROVE.
ALL IN FAVOR? THAT UH, OH, I'M GONNA ABSTAIN.
OH, AND UH, WE'RE GONNA GO AHEAD AND TAKE, HAVE TO TAKE A THREE MINUTE BREAK FOR, UM, YEAH, WE'RE GONNA TAKE A THREE MINUTE BREAK.
I'D LIKE TO CALL TO ORDER, UH, OR REOPEN TODAY THIS EVENING.
AND WE ARE GOING TO BE FIRST DISCUSSING,
[Items 14 &16]
I ARE GONNA RECEIVE COMMENTS ON VARIANCE NUMBER 26 DASH 10 SHIRTS.ADDITION PT 1 48 AND PT 1 46 AND BEVERS DO PT LOT 12 212 SOUTH SA STREET.
HI, THIS IS ALSO ANOTHER INTERESTING ONE.
UH, SO THE APPLICANT IS HEATHER BATEMAN, UM, AND THE OWNERS,
[01:45:01]
JEFF AND STEPHANIE ANDERSON.UH, THE OWNERS ARE HERE TONIGHT, BUT THE APPLICANT WAS HERE EARLIER AND UNFORTUNATELY SHE DID HAVE TO LEAVE.
UH, THIS PROPERTY IS 0.164 ACRES AND IT'S LOCATED AT TWO 12 SOUTH SAUNDERS.
SO THERE ARE TWO VARIANCE VARIANCE REQUESTS THAT ARE RELATED TO THIS PROPERTY FOR THE SAME PROJECT.
SO I'M GOING TO DO A PRESENTATION OF BOTH VARIANCES AND THE PROJECT, BUT YOU WILL NEED TO VOTE ON EACH SEPARATELY.
SO THE FIRST VARIANCE TONIGHT IS TO ENCROACH EIGHT, EIGHT FEET INTO THE REQUIRED 20 FOOT SOUTH SIDE YARD SETBACK.
THE SECOND VARIANCE IS TO ENCROACH 10 FEET INTO THE REQUIRED 20 FOOT REAR YARD SETBACK.
SO HERE IS THE STREET VIEW OF THE HOME.
THIS HOME WAS CONSTRUCTED IN 1962.
THIS WAS, UH, NOTICED IN THE BERNIE STAR ON MAY THE THIRD AND 73 NOTIFICATIONS WERE MAILED TO PROPERTIES WITHIN 500 FOOT, UM, TWICE, BECAUSE IT'S TWO VARIANCES, IT WAS TWICE.
SO FOR THE FIRST, UH, VARIANCE, WHICH IS THAT SIDE YARD, THERE WERE EIGHT RESPONSES RECEIVED IN FAVOR OF THEIR REQUEST.
AND TWO THAT WERE RECEIVED AGAINST THE REQUEST.
AND THERE WAS NO REASON PROVIDED FOR THOSE FOR THE REAR YARD.
THERE WERE SEVEN RESPONSES RECEIVED IN FAVOR AND TWO RESPONSES RECEIVED AGAINST THE REQUEST WITH NO REASON PROVIDED.
AND THOSE WERE MORE UPDATED THAN WHAT WAS PROVIDED IN YOUR PACKET LAST WEEK.
HERE IS THE ZONING MAP FOR THIS PROPERTY.
IT IS ZONED C3 COMMUNITY COMMERCIAL ZONING DISTRICT.
AND THIS DISTRICT CREATES DIMENSIONAL STANDARDS.
THIS IS HOW TALL YOU CAN BUILD WHAT YOUR SETBACKS ARE, THINGS LIKE THAT.
IT ALSO, UH, ALLOWS AND PROHIBITS CERTAIN USES.
THIS IS A COMMERCIAL CATEGORY, SO IT DOES PROHIBIT DETACHED SINGLE FAMILY DWELLINGS.
HOWEVER, THIS PROPERTY IS ALSO WITHIN THE DOWNTOWN COMMUNITY OVERLAY.
DISTRICT OVERLAY DISTRICTS SIT ON TOP OF ZONING DISTRICTS AND CREATE ADDITIONAL RE REGULATIONS.
IN THIS CASE, THE DOWNTOWN COMMUNITY OVERLAY DISTRICT DOES NOT CREATE ANY DIMENSIONAL STANDARDS.
SO THE DIMENSIONAL STANDARDS OF C3 APPLY.
HOWEVER, IT DOES ALLOW AND PROHIBIT ADDITIONAL USES.
IN THIS CASE, IT DOES PERMIT DETACHED SINGLE FAMILY DWELLINGS.
SO IN THIS CASE, THE SINGLE FAMILY DWELLING IS ALLOWED.
THE SINGLE FAMILY DWELLING IS ALLOWED BECAUSE IT IS WITHIN THAT DOWNTOWN COMMUNITY OVERLAY DISTRICT.
HOWEVER, THAT DISTRICT DOES NOT ADDRESS, UH, DIFFERENT SETBACK REQUIREMENTS FOR SINGLE FAMILY IN C3.
SO HERE WE HAVE OUR C3 DIMENSIONAL STANDARDS.
SO OUR FRONT SETBACK IS ZERO FEET, THE SIDE SETBACK IS FIVE FEET.
AND THEN THESE LAST TWO IS ARE WHERE WE'RE CONCERNED WITH TONIGHT.
SO THE REAR SETBACK ACROSS C3 IS 20 FEET FOR PROPERTIES ON THE SIDE AND REAR SETBACK, I'M SORRY, SIDE AND REAR PROPERTY LINE THAT ARE ADJOINING RESIDENTIAL.
SO HERE WE HAVE THAT SAME CHART ON THE LEFT, AND WE HAVE THE PROPERTY HERE TO THE NORTH.
THIS IS A COMMERCIAL PROPERTY.
SO THE SIDE SETBACK IS FIVE FEET.
HERE TO THE WEST IS ANOTHER COMMERCIAL USE.
AND HERE ON THE SOUTH SIDE IT'S RESIDENTIAL.
IT'S A SINGLE FAMILY DWELLING.
AND BECAUSE IT'S RESIDENTIAL, THE 20 FOOT SETBACK APPLIES.
SO HERE WE HAVE THE PROPOSED SITE PLAN.
SO WE HAVE SONDER STREET HERE ON THE RIGHT WE HAVE THE EXISTING HOME RIGHT HERE AND HERE.
OUTLINED IN RED IS THE PROPOSED ATTACHED GARAGE.
IT WILL BE ATTACHED TO THE HOME RIGHT HERE.
AND IT IS OVER THE TOP OF THE EXISTING DRIVEWAY WAY.
WE'LL GO MORE INTO DETAIL HERE IN A MOMENT.
UH, BUT HERE IS THE FLOOR PLAN OF THE PROPOSED GARAGE.
SO WE'LL ATTACH TO THE HOME HERE.
WE'LL HAVE A LITTLE HALLWAY WITH A RESTROOM, A LITTLE COURTYARD, OPEN AREA GRASS BETWEEN THE GARAGE AND THE EXISTING HOME.
AND THEN IT'S A TWO CAR GARAGE WITH A STORAGE AREA SLASH MAN CAVE AREA.
OKAY, SO HERE IS THE EXISTING CONDITIONS ON THE SITE.
WE HAVE SAUNDERS STREET OVER HERE, THE EXISTING HOUSE AND THE EXISTING DRIVEWAY TO THE NORTH.
[01:50:01]
THE COMMERCIAL OVER HERE TO THE WEST COMMERCIAL AND TO THE SOUTH.THE RESIDENTIAL, THE EXISTING HOME IS SET BACK ABOUT 10 FEET FROM THE PROPERTY LINE.
THAT MEANS THE EXISTING HOME IS ALREADY ENCROACHING IN THAT SETBACK.
SCREW HERE IS THE PROPOSED GARAGE IN THE YELLOW.
YOU CAN SEE, LET ME TOGGLE A LITTLE, LITTLE FOR YOU THERE.
IT'S GOING TO GO ON TOP OF WHERE THE DRIVEWAY IS RIGHT NOW.
SO IT'S NOT GOING TO HAVE A HUGE IMPACT ON IMPERVIOUS COVER.
AND NOW LET'S LOOK AT THE VARIANCES ONE AT A TIME.
SO THE FIRST VARIANCE IS HERE TO THE SOUTH SIDE YARD.
UM, SO YOU CAN SEE THAT THE PROPERTY KINDA CUTS IN A LITTLE HERE.
AND SO THE DISTANCE, THE CLOSEST DISTANCE FROM THE PROPOSED GARAGE TO THE PROPERTY LINE, THE SIDE PROPERTY LINE IS GOING TO BE 12 FEET FROM OVER HERE.
IT WILL BE CLOSER TO 13, BUT THIS WILL BE THE CLOSEST.
AND THEN HERE IS VARIANCE TWO.
SO AGAIN, THE EXISTING HOME IS SET 10 FEET FROM THE REAR PROPERTY LINE, AND THEY'RE PROPOSING WITH THE NEW GARAGE TO MAINTAIN THAT.
SO THE PROPOSED GARAGE WILL BE 10 FEET AWAY FROM THE REAR PROPERTY LINE.
SO HERE'S BOTH OF THEM TOGETHER.
AGAIN, 10 FEET FROM THE REAR AND 12 FEET FROM THE SET.
OKAY, SO HERE ARE OUR FINDINGS OF FACT NUMBER ONE, UNNECESSARY HARDSHIPS INCLUDING FINANCIAL HARDSHIPS.
UH, THE APPLICATION OF C3 STANDARDS APPLIED TO A RESIDENTIAL USE COMBINED WITH AN EXISTING NON-CONFORMING STRUCTURE CREATE A STRUCTURAL HARDSHIP THAT PROHIBITS PRODUCTIVE, UH, EXCUSE ME, THAT PROHIBITS A REASONABLE IMPROVEMENT.
UH, THE OVERLAY DISTRICT ALLOWS THE RESIDENTIAL USE BUT PROVIDES NO ADJUSTED DIMENSIONS FOR THEM.
THAT GAP PAIRED WITH THE HOME'S EXISTING ENCROACHMENT, UH, LEAVES APPLICANT WITH VERY LITTLE BUILDABLE AREA.
NO CHANGE IN USE IS NUMBER TWO.
UH, THIS VARIANCE WILL NOT AUTHORIZE ANY USE OTHER THAN WHAT THE ZONING DISTRICT ALREADY ALLOWS.
THREE IS CONCERNING UNIQUE CIRCUMSTANCES RELATED TO THE PROPERTY AND GENERAL CONDITIONS.
IT WAS CONSTRUCTED IN 1962, UM, AND THE NEIGHBORHOODS SHIFT FROM RESIDENTIAL TO COMMERCIAL OVER THE YEARS CREATED A REGULATORY GAP, UM, THAT THE CURRENT OWNERS DID NOT CAUSE.
UM, THE OWNERS INHERITED BOTH THE NON-CONFORMING STRUCTURE AND THE ZONING FRAMEWORK THAT WASN'T DESIGNED FOR THE SITUATION.
UH, NEITHER OF THESE ITEMS WERE OF THEIR DOING.
NUMBER FOUR, THAT IT DOES NOT WEAKEN THE GENERAL PURPOSE OF ORDINANCE AND ESSENTIAL CHARACTER OF THE DISTRICT.
UH, SETBACK REQUIREMENTS UNDER UDC SECTION THREE FIVE SERVE IMPORTANT PURPOSES AS OUTLINED.
UM, THE PROPOSED SETBACKS OF 10 FEET TO THE REAR AND 12 FEET TO THE SIDE MAINTAIN MEANINGFUL SEP SEPARATION.
BUT THEY DO FALL SHORT OF THE 20 REQUIRED BY CODE.
NUMBER FIVE IS NO ADVERSE IMPACT ON PUBLIC HEALTH, WELFARE AND SAFETY.
THE PROPOSED GARAGE ADDITION WILL MAINTAIN THAT 10 FEET OF CLEARANCE FROM THE REAR AND 12 FEET FROM THE ADJOINING RESIDENTIAL PROPERTY TO THE SOUTH.
AND THESE ARE CONSISTENT WITH DIMENSIONAL STANDARDS FOUND IN LESS INTENSIVE ZONING DISTRICTS.
UM, I ALSO WANTED TO MENTION, UM, THAT THE APPLICANT DID SUBMIT TWO LETTERS OF SUPPORT FROM, UH, NEIGHBORS AS WELL.
UH, LIKE I MENTIONED, UH, THESE ARE TWO SEPARATE VARIANCES.
SO WE DO HAVE TWO SEPARATE RECOMMENDATIONS AND WE WILL NEED TWO SEPARATE VOTES ON THEM.
SO JUST DOES C3, DOES C3 REQUIRE A HOUSE TO HAVE A GARAGE? GREAT QUESTION.
UH,
SO IT WOULD APPLY IN THIS CASE.
SO IF THAT WERE THE CASE, AND THERE'S ALSO A REQUIREMENT FOR SIZE OF A GARAGE, IS THERE ANY OTHER SPACE ON THAT LOT THAT WOULD ALLOW FOR A GARAGE TO BE PUT A PROPER SIZE? SO MY QUESTION ON THAT IS, IN LOOKING AT THIS PICTURE, THERE'S A GREENWAY IN BETWEEN THERE.
IF THAT WAS UP AGAINST THE HOUSE, WHICH MOST GARAGES NORMALLY ARE MM-HMM
[01:55:01]
WOULD THAT NOT GIVE THEM THE SPACE ON THAT SIDE THAT WAS REQUIRED? LEMME PULL THIS BACK WAREHOUSE.
SO, UM, UNLIKE, UM, MOST HOUSES THAT ARE CONSTRICTED WITH THE ATTACHED GARAGE, THIS ONE SINCE IT'S AN ADDITION, HAS ALL THESE WINDOWS HERE ON THE SIDE.
AND SO THIS WOULD ALLOW THERE TO STILL BE LIGHT AND WINDOW THROUGH THE HOUSE.
I'M, I DON'T HAVE A FLOOR PLAN.
I'M NOT SURE WHAT IS ON THE OTHER SIDE OF THESE WALLS.
THE APPLICANT IS HERE IF YOU HAVE ANY QUESTIONS FOR THEM.
UM, AS FAR AS ALTERNATIVES, IMAGINE THEY'RE ALSO PROBABLY TRYING TO MAKE USE OF THAT EXISTING DRIVEWAY, DRIVEWAY, WHEREAS IF IT WERE SHIFTED OVER, WELL, IT LOOKS LIKE THEY HAVE TO EXPAND IT ANYWAY.
I MEAN, WHAT'S THERE NOW IS BLACKTOP.
SPECULA WHO, WHO KNOWS, WHO KNOWS.
DID, WHAT WERE YOU GONNA SAY? UM, AS FAR, FAR AS ALTERNATIVES, UM, THERE ARE OTHER REQUIREMENTS, UH, RESTRICTING HOW FAR THE GARAGE CAN GO IN FRONT OF THE HOUSE.
UM, UH, SOMETHING THAT IS CODIFIED TO NOT ALLOW IS WHAT WE LOVINGLY CALL SNOUT HOUSES.
UM, WHICH IS WHERE THE GARAGE STICKS OUT FURTHER.
AND DOES THIS ONE DO THAT? IT WILL NOT.
THIS WILL BE FLUSH WITH THE HOUSE.
AND SO THAT WAS A CONSIDERATION THEY MADE WITH DESIGNING IT.
AND THE, THE NEXT, THE, AND JUST FOR THE SAKE OF TIME, THE NEXT ONE THAT'S COMING UP, ARE THERE REALLY ANY REALLY BIG THINGS THAT ARE DIFFERENT THAT STAND OUT? SO THIS IS PRESENTATIONS FOR THE LAST TWO, UM, VARIANCES, RIGHT? THE REAR AND THE SIDE.
SO THE NEXT ONE IS HOW DIFFERENT IS IT BESIDES IT JUST THE ORIENTATION AND MAYBE THE FEET DIFFERENCE IS THERE? GO AHEAD.
IT'S JUST TWO, TWO SEPARATE SETBACKS, I THINK.
SO THE FIRST VARIANCE IS FOR THE SIDE SETBACK.
AND THE OTHER, AND THE SECOND IS FOR THE REAR, BUT THEY'RE BOTH FOR THE SAME GARAGE.
WE'LL, YEAH, WE'LL VOTE, VOTE SEPARATELY.
SO I, I KNOW THIS IS A HYPOTHETICAL, BUT IF THIS PROPERTY WERE ZONED CONSISTENT WITH ITS USE MM-HMM
AS A, AS A RESIDENTIAL ZONING, UM, WITH THE SETBACKS THAT WOULD BE REQUIRED, WOULD THIS REQUIRE A VARIANCE OR IS IT ONLY BECAUSE IT'S ZONED COMMERCIAL WITH LARGER SETBACKS?
AND THE HOME IS CONSTRUCTED, BUT THEY'RE MANDATED TO HAVE A GARAGE.
IT BE, SAME AREA, BUT IT BEFORE THE MANDATE.
SO I MEAN, BUT WITH A CARPORT YOU COULD PUT THAT UP AGAINST THE HOUSE.
YOU WOULD HAVE YOUR SIDE SPACE.
YOU CAN'T HAVE A CARPORT IN THE FRONT OF THE HOUSE THOUGH.
SO IF IT'S ATTACHED
BUT IF IT'S DETACHED, THERE'S DIFFERENT SETBACKS INVOLVED.
ANY OTHER QUESTIONS? UM, WELL MY OTHER QUESTION IS, OKAY, SO THE HOUSE WAS GRANDFATHERED IN AND I GET IT THAT IT'S 10 FEET, BUT WITHOUT THAT GARAGE, EMERGENCY VEHICLES CAN GET BACK THERE.
BUT I FEEL LIKE AS SOON AS THAT GARAGE IS PUT IN, THERE'S NO WAY FOR AN EMERGENCY VEHICLE TO GET TO THE BACK OF THAT HOUSE ANY LONGER.
WELL, IT'S REQUIRED 10 FOOT, IT REQUIRED 20 FEET.
BUT THAT'S WHAT WE'RE GIVING HIM A VARIANCE ON, IS INSTEAD OF BEING 20 FEET, IT'S 10 FEET.
IF IT WERE LIKE FOUR FEET, I MIGHT, YOU KNOW, THEY SHOULD BE ABLE TO TO GET BACK THERE.
AND THAT'S WHY THAT HOUSE IS PERMITTED, I WOULD GUESS, TO BE IN THAT POSITION AS WELL.
WELL, THE HOUSE WAS THERE BEFORE WE EVER HAD THOSE REQUIREMENTS.
I MEAN, IT WAS GRANDFATHERED IN, BUT I JUST FEEL LIKE AS WE PUT THIS BIG GARAGE, THERE ARE, THERE'S A BIG TREE ON THE SIDE.
LIKE, I DON'T KNOW HOW AN EMERGENCY VEHICLE WOULD EVER GET BACK THERE.
WELL, IF, BUT HERE'S, HERE'S THE THING.
WE CAN'T VOTE ON THAT BECAUSE IF THERE IS OBSTRUCTION, THERE IS A ORDINANCE THAT REQUIRES EGRESS TO THE BACK OF THE HOUSE.
SO AT THAT POINT THAT WOULD COME UP.
YOU KNOW WHAT I MEAN? WE COULDN'T VOTE ON THAT RIGHT NOW.
YOU KNOW, THAT WOULD BE SOMETHING FOR, I WAS JUST SO TO DRIVE PORTION WHERE IT TALKS ABOUT NUMBER, THAT TREE NUMBER FIVE, IT TALKS ABOUT THE VARIANCE WILL NOT ADVERSELY AFFECT PUBLIC HEALTH, SAFETY OR WELFARE.
AND THAT TO ME IS A SAFETY ISSUE.
DO YOU HAVE ANY QUESTIONS FOR HER? NOPE.
WOULD, UH, WOULD THE BATEMAN'S OR HEATHER BATEMAN OR
[02:00:02]
ONE OF THE ANDERSON'S LIKELY TO COME UP, COME ON UP.UM, THERE WAS ORIGINALLY A CARPORT OKAY.
WITH THE HOUSE THAT WAS CONVERTED WHEN WE PURCHASED.
UM, AS YOU CAN SEE FROM THE SURVEY THERE, THEY DEEDED OVER ABOUT 10 FEET OF PROPERTY SO THAT THE PREVIOUS OWNERS 20, 30 YEARS AGO COULD BACK OUT OF THE CARPORT.
AND THAT'S WHY THAT LITTLE OH, THAT'S CONCRETE CUT OUT SITS THERE.
UM, HAVING TALKED TO BOTH NEIGHBORS, THEY'RE PRETTY EXCITED ABOUT IT BECAUSE THEY BOTH WANT TO REPLACE A FENCE THAT'S GONNA ATTACH THAT LITTLE CORNER.
THERE'S A FENCE, UM, A WOODEN STAKE FENCE THAT NEEDS TO BE REPLACED.
IT'S OPEN RIGHT NOW TO THE PUBLIC AND THEY GIVE YOU RELEVANCE.
ANNIE'S APOTHECARY IS ACROSS THE STREET FROM US.
BRANTLEY'S BEACH, STRO, ALL OF THAT'S BEHIND US.
UM, LOVE FREE ROOM, BUT WE DO GET TRAFFIC OF PEOPLE CUTTING THAT CORNER AND COMING THROUGH OUR DRIVEWAY TO GET TO THEIR VEHICLES MM-HMM.
SO, UM, THERE'S A SAFETY ISSUE THERE.
WE HAD A CONFRONTATION ONE NIGHT WITH ONE GUY AND I WAS LIKE, JUST GO ON.
AND WE'RE NOT GONNA START THAT WITH HERE.
NOT TONIGHT
AND THEN TRAVIS, HE'S GOT THE COMMERCIAL PROPERTY BEHIND US, SO WHY CAN'T THEY PUT A FENCE THERE? NOW THEY'RE WAITING TO SEE WHAT HAPPENS AND WHERE IT'S TIED INTO.
YOU KNOW, 'CAUSE WE, WE TALKED ABOUT IT A COUPLE WEEKS AGO WHEN I HAD THEM ASK THEM TO SIGN THE LETTERS AND THAT'S WHEN BECKY BROUGHT UP THE IDEA OF PUTTING A FENCE.
'CAUSE HER TENANT HAS A LITTLE PUPPY.
SO YOUR NEIGHBOR TO THE SOUTH IS IN FAVOR OF THE GARAGE.
BECKY, SHE WATCHES OUR DOG FOR, SO WE WERE JUST CURIOUS 'CAUSE IT DIDN'T, THEIR, THEIR STUFF DIDN'T SHOW UP ON HERE.
UM, YEAH, THEY, THEY BOTH NOTARIZED LETTERS THAT WERE IN, IN THE PACKET.
BECKY AND TRAVIS IN THE APPLICATION.
THEY'RE NOT IN THE, UH, THE PUBLIC NOTICE RESPONSE.
I KIND OF, I WAS LOOKING AT THE PUBLIC.
I WAS LIKE, THAT WAS SOMETHING I HAD EARLIER.
YOU GUYS HAVE ANY MORE QUESTIONS FOR MR. ANDERSON? NO, I DON'T.
OH, ANYBODY IN THE PUBLIC WANNA COME FORWARD? I DON'T THINK THERE'S ANYBODY IN THE PUBLIC HERE.
MRS. ANDERSON, WE NEED YOU TO COME FORWARD PLEASE.
THANK YOU GUYS FOR DOING THIS FOR US TONIGHT.
UM, THE ONE THING THAT WAS NOT ANSWERED BY JEFF, THIS, THE LITTLE GREEN SPACE BETWEEN THE HOUSE AND THE GARAGE.
SO THAT IS OUR WATER UTILITY, GAS POWER.
YOU CAN'T YEAH, THAT WOULD BE A NICE $50,000 YEAH.
THAT WOULD IMMEDIATELY PUT THEM.
AND WE, AND WE'D LIKE TO TO KEEP THAT ANYWAY BECAUSE RIGHT.
OKAY, WE'RE GONNA CLOSE THE PUBLIC HEARING.
[Items 15 &17]
I AM PERSONALLY IN FAVOR OF THIS.I, I DON'T, I MEAN, I DON'T SEE ANY ISSUES AS LONG AS THE NEIGHBOR TO THE SOUTH IS FINE.
I MEAN, IF YOU'RE THE GOLLY, EVERYTHING SEEMS TO BE, TO ME IT'S IN LINE.
I MEAN, SERIOUSLY, WE'RE GONNA DENY IT AND THEY'RE GONNA SAY YOU NEED TO BUILD A GARAGE
SO, UM, TECHNICALLY IT'S NOT REQUIRED.
WELL, THEY, I THINK THAT CAME ABOUT BECAUSE THIS IS BEARD.
THIS IS TOTAL AFTER, AFTER, AFTER WORK DISCUSSION.
SO WHAT, WHAT DO DO WE HAVE? DO WE HAVE A MOTION? I MOVE, WE APPROVE THE TWO VARIANCES.
WELL, WE'RE GONNA HAVE TO DO THEM SEPARATELY THOUGH.
AND I HATE TO, I HATE TO, YOU KNOW.
SO LET'S START WITH THE, I MOVE, UH, WE APPROVE VARIANCE, UH, 2016 A REQUEST FROM BATEMAN'S ON BEHALF, UH, BLAH, BLAH, BLAH.
UH, UDC CHAPTER THREE, SECTION 3.5 POINT B TO ALLOW FOR AN PATCH GARAGE TO ENCROACH EIGHT FEET INTO THE REQUIRED 20 FOOT SOUTH SIDE SET YARD SETBACK ON CHURCH EDITION PT 1 48 AND PT 1 46 AND RIVER'S DOOR PT LOT 12 2 12 SOUTH SAUNDERS STREET.
[02:05:01]
DO I HEAR A SECOND? I'LL SECOND.ALL IN FAVOR FIRST ONE'S PASSED.
WE APPROVE
REQUEST FROM THE BATEMANS ON BEHALF OF, UH, THE ANDERSONS, UH, UDC CHAPTER THREE, SECTION 3.5 POINT B TO ALLOW FOR AN ATTACHED GARAGE TO ENCROACH 10 FEET INTO THEIR REQUIRED 20 FOOT REAR YARD SETBACK FOR SHORT SEDITION PT 1 48 AND PT 1 46 AND BE DORF PT LOT 12 2 12 SOUTH STREET.
OH, WERE YOU SAYING THAT? WERE YOU READING THAT? YEAH.
ALL THOSE IN FAVOR, UNANIMOUSLY PASSES.