[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road December 1, 2021 7:00 P.M.]
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I SHOULD CALL THE MEETING OF THE CITY OF HUBER HEIGHTS, BOARD OF ZONING APPEALS TO ORDER MATTER OF SECRETARY, PLEASE CALL THE ROW MR. DAVIDSON HERE.MR. DEAN, MS. NEWBIE, MR. STEWART, MAY I HAVE A MOTION TO APPROVE THE AGENDA? I'LL MAKE A MOTION TO APPROVE THE AGENDA.
CAN I HAVE A SECOND? I'LL SECOND WITHOUT OBJECTION.
THE AGENDA FOR TONIGHT'S MEETING IS APPROVED.
THIS IS SWEARING IN THE WITNESSES.
I WILL ASK FOR EVERYONE TO STAND AND RAISE YOUR HAND.
IF YOU'VE BEEN TO SPEAK IN ACCORDANCE WITH THE RULES OF THE BOARD OF ZONING APPEALS, ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN.
I WOULD ASK AS I DID FOR EVERYONE TO STAND AND, AND THIS IS THE QUOTE.
DO YOU HEAR BY SWEAR OR FIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD, I DO.
ANYONE THAT MAY WAIT TO SPEAK TONIGHT AFTER THE CASE REVIEW AND STAFF REPORT, PLEASE STEP TO THE PODIUM.
SPELL YOUR NAME FOR THE RECORD.
NEW BUSINESS BZA CASE 21 DASH 13.
THE APPLICANT READ BOND KAHALA.
DS IS REQUESTING A VARIANCE FROM SECTION 1181 DOT OH FOUR H E A COVER.
A COVER SHALL NOT BE TALLER THAN 14 FEET ABOVE GRADE.
AT ANY POINT, THE PROPERTY IS LOCATED AT 60 90 BUTTON BUSH STREET.
THANKS FOR COMING OUT ON A RAINY EVENING.
UM, THIS IS A RESIDENTIAL PROPERTY, A PLANNED MIXED COMMUNITY.
UH, ALL OF THE ADJACENT PROPERTIES ARE RESIDENTIAL AND ZONED AS PLANNED MIXED AS WELL AS STATED THE APPLICANT'S REQUESTING A VARIANCE OF THE CITY OF HUBER HEIGHTS ZONING CODE PERTAINING TO THE MAXIMUM ALLOWABLE HEIGHT OF A PROJECTION.
IN THIS CASE, THE REAR PATIO OR DECK COVER THE PROPOSED COVER NEEDS TO BE AS TALL AS 15 FEET ABOVE GRADE TO ALLOW UNIFORM ROUGH LINE WITH THE EXISTING HOME IN YOUR PACKET, YOU WILL FIND AN ILLUSTRATION OF THE PROPOSED COVER AND AN AERIAL VIEW OF THE PROPERTY AND THE NEIGHBORHOOD SECTION 1180 1.04 H STATES A COVER CAR PORT OR ENCLOSURE SHALL NOT BE TALLER THAN 14 FEET ABOVE GRADE.
AT ANY POINT, AS A RESULT, THE PROPERTY REQUIRES A VARIANCE FROM THE HEIGHT RESTRICTION.
THE STAFF ANALYSIS AS FOLLOWS LAW IS APPROXIMATELY A QUARTER ACRE.
UH, THERE ARE NO EASEMENTS ON THE PROPERTY.
THE STRUCTURE IS A REAR PATIO OR DECK COVER.
THE PLACEMENT IS ATTACHED TO THE REAR OF THE HOUSE.
THE CITY ENGINEERING DEPARTMENT HAS NO ISSUES REGARDING THIS REQUEST.
I'LL BE HAPPY TO ANSWER ANY QUESTIONS THAT I CAN THAT YOU MIGHT HAVE.
IS THERE ANY QUESTIONS FOR STAFF JUST TO CLARIFY SOME ALERT, I GUESS, UH, APPLICANT DID GET A PERMIT.
THERE HAS BEEN A PERMIT ISSUED FOR THE, UH, REAR PATIO COVER YESTERDAY 14 FEET FOR RIGHT NOW.
THAT IS THE LIMIT THAT WAS MADE VERY CLEAR TO THE APPLICANT AT THE TIME.
UH, THEY FIRST VISITED THE CITY BY ME AT THE WINDOW THAT ANYTHING ABOVE 14 FEET REQUIRES THE VARIANCE.
AND SO FOR THE DESIGN THAT WE SEE RIGHT NOW THAT WAS ALREADY APPROVED, AS FAR AS THAT WAS SUBMITTED, SIR, NOTHING'S BEEN APPROVED YET BECAUSE ONCE THE VARIANCE IS APPLIED FOR IT'S UP TO THE BOARD TO DECIDE WHETHER OR NOT THE HEIGHT LIMIT WILL BE ALLOWED TO BE EXCEEDED.
SO THE ONLY THING THAT WOULD BE APPROVED UPON INSPECTION WOULD BE IF THE HEIGHT WERE AT 14 FEET OR LESS AT ANY POINT ABOVE GRADE.
SO THAT RIGHT THERE, AND BASED ON THE PACKAGE, IT'S SHOWING THAT THE 14 FEET WITH WHERE
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AS FAR AS BASED ON THAT MEASUREMENT IS WHAT WE THINK.HOWEVER, UH, AND THE APPLICANT MAY WANT TO SPEAK TO THIS WHEN THEY APPLICANT WAS IN, HE INDICATED TO ME, IT MIGHT NEED TO BE HIGHER THAN 14 FEET, MAYBE AS HIGH AS 15 FEET.
AND AT THAT POINT, UM, I GAVE THEM W WE HAVE A HANDOUT AND INFORMATIONAL HANDOUT.
WE, FOR UNDERSTANDING ANYONE WHO'S DOING THIS TYPE OF WORK THAT TELLS THEM WHAT THE LIMITS ARE SO FORTH.
SO THEY WERE AWARE AT THAT TIME.
UM, AND THAT'S, THAT WAS THE END OF THE CONVERSATIONS WITH THEM.
WE ASKED FOR THE DRAWING, YOU SEE, WHICH WASN'T REALLY FURNISHED TO US INITIALLY, BECAUSE I FELT IT WAS IMPORTANT THAT THIS BOARD HAVE REPRESENTATION OF WHAT WAS GOING TO BE PROPOSED.
AND AS FAR AS I KNOW, IT WAS JUST WHAT WAS GOING TO BE PROPOSED.
WHAT WAS PROPOSED HAVE ALREADY? UH, THAT'S MY UNDERSTANDING.
I WAS NOT AWARE OF IT NOR WAS MY INSPECTOR, UM, THE WORK.
SO IF THE CURRENT STRUCTURE IS TALLER THAN 14 FEET OF UPGRADE IS IN VIOLATION OF THE ZONING CODE, EVEN IF A PERMIT HAS BEEN ISSUED.
SO THIS BOARD MUST NOW DECIDE THAT IF THAT IS THE CASE, IF IT IS TALLER THAN 14 FEET, AND YOU CAN ADDRESS THE APPLICANT WITH THAT, ONE OF TWO THINGS WILL HAVE TO HAPPEN.
UH, THIS BOARD WILL GRANT A VARIANCE OR THIS BOARD WILL DENY A VARIANCE AND THE APPLICANT WILL HAVE TO RECONSTRUCT THE PATIO COVER TO BRING IT TO THE, THE ALLOWED HEIGHT OF 14, 14 FEET.
AND JUST FOR CLARIFICATION, MR. MILAN, ON MY PART, THE HEIGHT OF 14 FEET THAT IS MEASURED FROM GRADE LEVEL, NOT THE PATIO LEVEL FROM GRADE LEVEL IS WHAT THE CODE SAYS.
IT SAYS AT ANY POINT ABOVE GRADE, NOW WE TYPICALLY ALLOW THAT MEASURE TO BE TAKEN AT THE FOUNDATION LINE BECAUSE SOME PROPERTIES ARE A LOT FLATTER THAN OTHERS IN THEIR SLOPE, IN THE REAR YARD, DEPENDING ON THE TERRAIN, YOU CAN HAVE AS MUCH OF A DROP AS 6, 8, 10 INCHES AS YOU MOVE AWAY FROM THE HOUSE.
SO WE, UH, WE ALWAYS MEASURE FROM THE FOUNDATION UP AT THAT POINT BECAUSE THAT'S WHERE IT WILL BE ATTACHED TO THE HOUSE.
JUST ONE MORE CLARIFICATION IN YOUR FOUNDATION, WHICH YOU COULD SEE ON THERE, THE SAME, THAT PART OF THE FOUNDATION.
YOU TALKED ABOUT THE PATIO TOP OF THE PATIO AND HAVING NOT BEEN THERE.
THAT, THAT WOULD BE THE GRADE WE WOULD USE BECAUSE THAT IS A FINISHED GRADE.
IS THERE ANYONE WHO WISHES TO SPEAK ON BEHALF OF THE AFRICAN? PLEASE STATE YOUR NAME PLEASE.
I NEED YOU TO WRITE THAT ON THE LIST THERE.
SO, BECAUSE OF THE SLOPE GOING DOWN OF THE SEWER IS RIGHT BEHIND OUR BACKYARD.
SO, UH, SO I WAS GOING DOWNWARDS AND WE HAD THE TOP IS WHERE IT'S ATTACHED TO THE HOUSE.
AND WHEN YOU LEVEL IT OUT, THE ROOF, IT ENDS UP MEASURING 2 14, 9 BECAUSE OF THE SLOPE FROM THE, FROM THE GRADE THAT'S ON THERE.
AND IF WE BRING IT DOWN, THE KITCHEN WINDOW IS END UP BEING COVERED.
SO THAT'S WHY WE'RE TRYING TO FIGURE OUT WHAT TO DO.
ARE THERE ARE ANY QUESTIONS FOR THE APPLICANT WITH NEWBIE? I THINK ABOUT WHEN I'M WANTING TO ASK NEXT, BECAUSE I'M LOOKING AT THAT PICTURE, IS IT THE, YOU'RE SAYING IT'S 14 FEET, NINE INCHES AT THE END.
BUT WHERE IT'S ATTACHED TO THE HOUSE TO THE SIDING, IT'S 14 EVEN.
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SO THE PATIO RIGHT NOW IS ATTACHED TO THE HOUSE, CORRECT? YEAH.SO YOU TOOK THE SIDING OFF AND TOTALLY FOLDED IT TO THE HOUSE AND FROM THE WHAT MR. SAID AND ALL THAT FROM THE PATIO, WHICH IS YOUR SEMEN FOUNDATION, ALL THE WAY UP TO THE PEAK IS 14 FOOT ON YOUR HOUSE.
AND AS YOU GO FARTHER AWAY, WHICH WOULD BE, I THINK, WOULD BE WEST ON THAT 14.
NINE, AND YES, BUT YOU ALREADY, ALREADY FINISHED THE WHOLE PATIO AND EVERYTHING FOR RIGHT NOW.
IS THAT WHAT YOU'RE SAYING? YES.
SO LET ME ASK THE QUESTION WHEN YOU GOT THE PERMIT ON NOVEMBER THE 22ND, AND IT STATED 14, 14 FEET, AND, YOU KNOW, YOU WERE SUCCEEDING THAT, UH, WHY DID YOU COME BACK TO THE, TO THE CITY? WELL, I, I HAD CALLED, UH, GREG AND I HAD ASKED THEM TO COME OUT AND LOOK AND LOOK AT THE CONSTRUCTION AND, UM, SEE IF IT WAS CORRECT.
AND HE DID INFORM ME THAT IT WAS NOT CORRECT, THAT IT WAS EXCEEDING.
SO WE HAD STOPPED THE CONSTRUCTION, BUT, UM, BECAUSE WE ALREADY HAD PAID THEM, THEY WOULDN'T REFUND THE MONEY.
UH, WE WERE HOPING TO GET IT APPROVED BY THE CITY.
SO THEN YOU COME TO GET, TO GET THE APPROVAL FROM THE CITY AFTER THE FACT, IS THAT WHAT I'M HEARING? YES, MA'AM.
AND WHAT QUESTIONS, WHAT HAPPENED, MR. CHAIRMAN? IF I MAY.
UH, WHEN MR. SEAGRAVES, OUR INSPECTOR WENT OUT, HE TOLD ME THAT THERE WERE POSTS IN THE GROUND AT THAT WAS THE EXTENT OF THE CONSTRUCTION.
THAT'S WHEN HE HAD THE CONVERSATION SAYING YOU'RE GOING TO HAVE TO GET A VARIANCE.
SO AT THAT POINT, IT WAS QUITE CLEAR THAT TO CONTINUE THAT LINE OF STRUCTURE OF VARIANCE WOULD BE REQUIRED.
UM, SUBSEQUENT CONVERSATION, I THINK IT WAS MADE QUITE CLEAR.
NOW I HAVE NO OPINION ABOUT WHERE THEIR VARIANCE SHOULD BE GRANTED, BUT FROM THE CITY'S PERSPECTIVE, UM, WE WERE NOT AWARE THAT THE ROOF HAD BEEN COMPLETED BECAUSE WE'RE NOT GOING BACK TO DO ANY INSPECTIONS TO ANSWER THAT AFTER THE VARIOUS SITUATION HAS BEEN DEALT WITH.
UH, YOU MAY HAVE A SEAT MA'AM UM, I'M I'M I'M I'M I'M GONNA ASK FOR A MOTION TO APPROVE.
DID ANY OF Y'ALL WANT TO SPEAK TO, OKAY.
I'M GONNA ASK FOR A MOTION TO APPROVE, MAKE A MOTION TO THAT'S YOUR MAKEUP FRUIT EMOTION.
I MAKE A MOTION TO VOTE FOR THE CASE.
CAN I GET A SECOND? I'LL SECOND.
IT, WILL YOU READ IT VARIOUS, PLEASE.
BEFORE YOU DO THAT, YOU GOT TO DISCUSS BEFORE YOU CAN DO THAT.
AND DISCUSSION ONLY THING I SEE THERE IS, UM, OF COURSE, UH, AGAIN, UH, SOMEBODY COMPLETES THE, UH, THE VARIANTS AND EVERYTHING LIKE THAT BEFORE WE HAVE A CHANCE TO VOTE ON.
I DO SEE IF THIS IS TRUE, WHICH IT SEEMS AWFUL HIGH FROM THE PHOTOS AND ALL THAT.
ARE WE STILL TALKING 14 FEET OR ARE WE TALKING MORE THAN 14 FEET FROM THE HOUSE AND ALL THAT? SINCE WHAT, MR. SAID THE POSTER UP THERE BEFORE ANYTHING ELSE, GET A VARIANCE FIRST AND NOW IT'S FINISHED.
I DON'T KNOW WHAT THE FINAL HEIGHT IS RIGHT NOW.
YOU KNOW, THAT'S MY BIGGEST DISCUSSION RIGHT NOW.
IT'S HARD FOR ME TO, SINCE YOU KNOW, GOING OFF THIS DRAWING RIGHT HERE FIRST
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VERSUS THE FINAL, THE ROOF'S ON THERE, EVERYTHING'S ON THERE AND SHINGLES ARE ON THERE AND EVERYTHING.WHAT THE FINAL DIMENSIONS ARE.
THAT'S WHERE I HAVE A HARD DECISION RIGHT NOW.
UH, I, I'M PRETTY MUCH IN LINE WITH MR. DAVIDSON UNTIL WE HAVE AN ACTUAL MEASUREMENT OF THE FINISHED PRODUCT.
I THINK MY INSPECTOR CAN MAKE A TRIP TO THE PROPERTY.
IF YOU WANT TO TABLE THIS UNTIL THE JANUARY MEETING OR THE NEXT MEETING, WHENEVER THAT MAY BE IN THE MEANTIME, SINCE THIS APPEARS TO BE A FINISHED PROJECT, CONSTRUCTION IS COMPLETED.
MA'AM, IT'S SIMPLE TO GO OUT AND TAKE A MEASUREMENT AND SEE WHERE WE ARE, AND THEN REPORT THAT BACK TO THOSE BOARD.
OR THE BOARD CAN GO AHEAD AND GRANT THE VARIANCE.
OBVIOUSLY THAT'S ENTIRELY UP TO YOU.
I WANT TO OFFER THE OPTION OF US GOING OUT AND DOING A PHYSICAL MEASUREMENT ON THE PROPERTY.
SO, YOU KNOW, WHETHER INDEED THE VARIANCES REQUIRED, IF WE FIND OUT THAT IT IS 14 FEET, THAT GIVEN POINTS MAY NOT BE APPEARS, THAT'S PROBABLY NOT THE CASE, BUT WE CAN VERIFY THAT IF YOU WISH OKAY, IS NEWBIE.
WELL, YOU ALL KNOW HOW I FEEL ABOUT PRODUCTS DOING SOMETHING THEN AFTER THE FACT COMING TO THE BOARD, BUT I WILL GO, I WOULD BE A SUB TO GO ALONG WITH THE RECOMMENDATION OF THE STAFF IS THAT WE TABLE THIS, WE GET AN ACCURATE MEASUREMENT AND THEN COME BACK IN JANUARY AND MAKE OUR FINAL DECISION TO BE FAIR ON THAT PART OF IT.
UM, AT THIS POINT, IF WE PERSONALLY AT THIS POINT, UM, BECAUSE THEY ALREADY DID IT, I THINK THAT IN, EVEN THOUGH THE PERMIT, THE PERMIT STATED THE REQUIREMENTS AND THEY WENT BEYOND THAT.
UM, I WOULDN'T VOTE TO GIVE THE VARIANCE AT THIS POINT.
SO I WANT TO BE FAIR AND ACCURATE, YOU KNOW, TO SEE EXACTLY, YOU KNOW, WHAT THE STRUCTURE IS TO LENGTHEN THE STRUCTURE.
AND IF IT MEETS, LIKE THE STAFF SAID, IT MIGHT BE EXACTLY AT 14 AND IT MIGHT NOT.
SO I WANT TO BE, YOU KNOW, FAIR AND LOOK AT IT FROM THAT STANDPOINT.
SO MY RECOMMENDATION IS THAT WE TAKE STAFF RECOMMENDATION AND TABLE IT AND HAVE A STAFF OF THE ZONING GO OUT AND YOU CAN GET THE EXACT MEASUREMENTS SO WE CAN BE, IT'D BE FAIR ACROSS THE BOARD.
AND MY CONCERN IS, IS THE SAME.
I, WE WENT OUT THERE TODAY AND LIKE YOU SAID, BECAUSE I DON'T GO ON PEOPLE PROPERTIES, AND I DIDN'T WANT TO DEFINITELY DIDN'T WANT TO KNOCK ON THE DOOR, BUT WE KNEW WE'RE GONNA HAVE THE MEETING TONIGHT.
UM, BECAUSE I CAN'T GUARANTEE IT SO 14 FEET, IT COULD BE HIGHER BECAUSE THE ROOF AND EVERYTHING IS DONE.
UM, SO I THINK, UM, WE DEFINITELY NEED TO TABLE THIS, UH, I'M SECRETARY UNTIL OUR NEXT MEETING, WHICH WILL BE RIGHT NOW AND MAKE A MOTION FOR THE NEXT MEETING.
YOU READY? I NEED YOU TO READ THE BARRON'S FOR ME, PLEASE.
AND SAY, SAYING THAT THE MOTION IS TO TABLE ON TO THE NEXT MEETING, WHICH IS JANUARY 5TH, 2022.
I WILL TABLE THIS UNTIL JANUARY THE FIFTH.
AND AT THAT TIME, IT STAFF WILL COME OUT AND DO THE MEASUREMENTS BECAUSE IT IS COMPLETE.
YOU KNOW, WHEN I CAME OUT THERE TODAY, I LOOKED, BUT LIKE I SAID, I DIDN'T WANT TO COME ON YOUR PROPERTY.
AND AT THAT TIME WE'LL MAKE OUR DECISION.
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OKAY.WE'LL SEE YOU BACK HERE IN JANUARY, BUT WE'LL BE IN CONTACT WITH YOU FOR A MOMENT, MR. CHAIRMAN.
WE WILL DO, UH, ANY ADDITIONAL BUSINESS.
WE GET READY TO GO OVER THE VARIABLES, THE VARIANTS.
NO, WE'RE GOING TO TALK ABOUT THE MEETING SCHEDULE.
YOU WANT TO TALK ABOUT THAT SCHEDULE? EVERYBODY GOT TOO.
SO WE NEED SOMEONE TO MAKE A MOTION TO APPROVE THAT I WILL.
I MOVE THAT THE 20, 22 BOARD OF ZONING APPEALS SCHEDULE BE APPROVED SECOND.
SO THAT SCHEDULE PASSES FIVE TO ZERO.
DO WE GET APPROVAL OF MINUTES WITHOUT ANY OBJECTION? THE MINUTES FROM OCTOBER THE 6 20 21 MEETING ARE APPROVED FOR DO ANY OBJECTION TO THAT PREVIOUS MINUTES.
SO WE'RE GOING TO GIVE MR. MALARA A MOMENT TO FINISH TALKING TO THE APPLICANTS, AND THEN WE WILL DISCUSS THE VARIANTS.
IN THE MEANTIME, MR. MOCK, I WANT TO APOLOGIZE THE AGENDA.
DIDN'T GO OUT WITH SEVEN O'CLOCK ON IT.
THAT IS FROM AN OLD, OLD AGENDA THAT THE TEMPLATE IS THERE.
SO EACH TIME I HAVE TO GO IN AND CHANGE THAT TO SIX 30 MINUS DATE, DIDN'T GO AHEAD AND CHANGE IT THIS TIME.
SO, SO NO MATTER WHAT YOU GET IN THE MAIL I SAW THERE WAS A COUNCIL WORK SESSION TODAY, AND I THOUGHT IT WAS, IT'S GOING TO BE AT SEVEN 30 AFTER OUR MEETING, BUT THEY DID END UP CANCELING THAT.
SO WE ARE GOING TO HAVE THIS DISCUSSION ON THE VARIANCE.
UM, I CAN MOVE ALONG A LITTLE BIT HERE.
SO WE HAVE TALKED TO SOME OTHER MUNICIPALITIES WE'VE TALKED TO OUR LEGAL DEPARTMENT AND, UM, THE WAY WE WERE DOING THE VARIOUS STANDARDS, WE'RE GOING TO CHANGE THAT TO, UM, EXPAND IT A LITTLE BIT.
SO ON EACH CASE, EACH VARIANCE STATEMENT WILL BE READ AND THEN VOTED ON EACH ONE OF YOU WILL VOTE ON EACH STATEMENT INSTEAD OF JUST THE PERSON WHO'S READING.
SO WE HAVE A SAMPLE THAT REATTACHED.
SO AGAIN, THE PERSON WHO MAKES THE MOTION IS GOING TO READ THESE STANDARDS, BUT THEN AT THE END, LIKE I SAY, WELL, UM, WE'LL CALL FOR ALL THOSE IN AGREEMENT, ALL THOSE OPPOSED, AND THEN WE'LL TAKE THE ROLE.
AND THAT'S AFTER YOU DIFFER AT THE, EACH ONE.
SO WE'RE GOING TO PUT THAT INTO THE PROCESS IN THE NEXT MEETING.
NOW WE'VE STATED THE NEXT MEETING IS JANUARY 5TH.
THAT'S OF COURSE, IF WE HAVE A CASE I'M TABLING THIS ONE, THAT MAY BE ENOUGH TO HAVE A JANUARY 5TH MEETING.
UM, BUT WE WOULD LIKE TO PUT THIS INTO PLACE AT THAT TIME.
UM, DOES ANYBODY HAVE ANY QUESTIONS ON THAT WORK? THAT'LL WORK IT'S SELF-EXPLANATORY I THINK SO.
SO WE WENT AHEAD AND DISCUSSED THE VARIANCE STANDARD UPGRADE CHANGE, WHERE WE WOULD CALL IT, UM, THEY'RE GOING TO BE VOTING ON THOSE INDIVIDUALLY AND THAT THAT'S GOING TO TAKE PLACE AT THE NEXT MEETING, WHICH WE HOPE WILL BE JUNE.
UM, JUST TO LET YOU KNOW, I DISCUSS THIS WITH OUR ACTING CITY MANAGER, AMANDA VAST EXPERIENCE IN MATTERS OF THIS NATURE.
AND, UH, HE WAS OF THE OPINION WE DID NOT.
I WANTED TO KNOW IF WE NEEDED TO GET AN OPINION FROM OUR LAW DIRECTOR.
HE FELT THAT NO, I MEAN, THIS IS PRETTY MUCH STANDARD PATTERN.
IT HAPPENS THAT I'M ON BOARD OF ZONING APPEALS WHERE I LIVE, AND THIS IS HOW WE'VE ALWAYS DONE IT.
EACH MOTION OF THE IS VOTED ON INDIVIDUALLY.
AND THEN, UH, SO YES, THAT'S THE WAY WE'LL START, BUT I FELT LIKE IT WAS, NO, IT WASN'T FAIR TO START IT IN
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THE MIDDLE OF A CASE.WE'LL START A CLEANUP AFTER THE FIRST OF THE YEAR.
AND SO AGAIN, I TOLD THEM THAT WHO MAKES THE MOTION IS GOING TO READ THEM, IS THAT CORRECT? AS FAR AS, YES.
I THINK THAT'S, THAT'S THE WAY WE'LL DO THAT.
WE'LL, WE'LL NOT MAKE ENOUGH OF A CHANGE BECAUSE YOU DON'T WANT TO, IT DOESN'T HAVE TO COME BACK TO THE CHAIRMAN TO BE READY TO LEVER MAKES THE MOTION, CAN THEN READ EVERY INDIVIDUAL, ALL OF THE INDIVIDUAL ONES, AND EVERYBODY CAN VOTE.
I THINK WE KEEP THAT PART OF THE PROGRESS OR THE PROCESS WHERE IT HAS, AND THEN YOU WILL, AND YOU SAY CALL THE ROAD.
SO WHAT WILL HAPPEN? LET'S SAY VARIOUS NUMBER ONE AND THE VOTE IS KIND OF, WELL, WE'LL HAVE TO BE TABULATING.
I WAS OKAY WITH IT BECAUSE THE BOARD, THIS IS SO SMALL OF A BOARD AND YOU KNOW WHAT YOU'RE, WHAT YOU WIND UP DOING IS COMING TO A CONSENSUS FOR EACH OF THE, EACH OF THE STANDARDS.
UM, AND AT THE END, UH, YOU STILL HAVE TO VOTE TO APPROVE.
SO AFTER THE STANDARDS ARE RED OR BLUE, THEN YOU CAN, YOU CAN DO YOUR FINAL VOTE AND MOVE ON FROM THERE.
SINCE THESE WOULDN'T NECESSARILY HAVE, THEY CAN'T HAVE A BEARING, BUT, BUT THERE ARE REQUIREMENT TO BE READ.
AND WE'RE NOT CERTAIN WHY THEY WERE BEING HANDLED THE WAY THAT BE WATER AND SEWER IS GOING TO BE IMPACTED, BUT REASONABLE RETURN, A LOT OF THOSE ARE OPINIONS, SUBJECT, SOME ARE MORE OPINIONS.
SO THEN WE'RE ABLE TO TAKE THE ROLE ON THE ACTUAL MOTION.
BUT YES, I'M NOT SURE ABOUT HOW THE TABULATION IS BECAUSE I KNOW MOST PLACES, MAJORITY WIDOWS, THE MAJORITY OF THE, WELL, WE AT EACH MODE, EACH MOTION THAT THE SLUGGARD ON WHATEVER THE MAJORITY IS, THAT'S WHAT THE LOAD IS ON THAT.
I THINK THE HARD IS GOING TO BE, THE ANSWER IS NUMBER E IF A PROPERTY OWNER PURCHASED PROPERTY AND KNOWLEDGE OF THE ZONING RESTRICTION OR NOT.
I MEAN, THAT'S THE HARDEST ONE AT ALL OF THEM.
HOW DO YOU ANSWER THAT? I MEAN, FOR THIS CASE RIGHT HERE, SHE KNEW ABOUT THE VARIANCE BEFORE SHE BUILT.
SO, I MEAN, THAT WOULD BE YES ON THAT, BUT IT WASN'T BEFORE PURCHASING AND I'VE NEVER QUITE UNDERSTOOD THAT VERBIAGE.
AND WHY DOES IT MATTER? BUT WELL, BECAUSE IT'S IN THE CHARTER.
UM, THAT'S WHAT I GET IS, SO IN OTHER WORDS, THAT THE STANDARDS ARE IN THE CHARTER.
WHY THAT ONE, HOW ANYONE WOULD DETERMINE THAT OTHER THAN THIS, YOU REMEMBER THE, THE PROPERTY WE HAD A FEW WEEKS AGO THAT WAS REPAIRING DIESELS RIGHT NOW THAT WAS A BUSINESS.
IT WAS AGRICULTURE AND THEY'RE TRYING TO DO BUSINESS.
SO DAVID IS AN AGRICULTURAL PROPERTY, UM, ZONED AGRICULTURALLY.
AND THE, YOU MAY RECALL THE APPLICANT SAID, WELL, I THOUGHT, BECAUSE IT WAS AGRICULTURAL, IT WOULD BE A PROBLEM, RIGHT? SO THERE'S A SITUATION.
THEY DO INDEED DP TO ME, THEY KNEW THEY WERE AGRICULTURAL FAILED TO DETERMINE WHETHER OR NOT THEY COULD RUN A BUSINESS.
I THINK IN A RESIDENTIAL AREA, WHEN SOMEONE'S BUYING A HOUSE, THAT'S NOT SOMETHING THEY'RE NECESSARILY CONSIDERED.
WHAT CAN I DO WITH THIS PROPERTY? AFTER I BUY THE HOUSE, I WILL TELL YOU THIS.
THERE IS A STRONG FEELING AMONG A LOT OF OUR CITIZENS, THAT WHEN I BUY A PIECE OF PROPERTY, I CAN DO WHAT I WANT WITH IT.
WE HAD, UH, MANY MONTHS OF EDUCATING SOME OF OUR NEW HOMEOWNERS THAT NO, YOU DON'T HAVE THE RIGHT TO DO WHATEVER YOU WANT TO ON YOUR PROPERTY.
THERE ARE ZONING LAWS, ZONING LAWS, ZONING REGULATIONS, OR CITY LAWS.
SO YOU HAVE TO ASK FOR PERMISSION, NOT FOR FORGIVENESS, UH, THAT NOT EVERYTHING IS A NEGOTIATION.
SO WE'VE BEEN DOING THAT ON A CASE BY CASE BASIS FOR THE LAST WE'RE DOING IT BEFORE I BECAME MANAGING, WHEN I WAS STILL IN THE FIELD, I THINK WE'VE DONE A PRETTY GOOD JOB OF COMMUNICATING THAT THIS WAS SIMPLY A SITUATION.
I BELIEVE WHERE SOMEONE DECIDED, WELL, WE PAID FOR
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IT.WE'RE GOING TO GO AHEAD AND GET IT DONE.
THEY KNEW THEY WEREN'T SUPPOSED TO DO SO I'VE SAID ENOUGH, OKAY.
ALL THE CASES WE HAVE DONE IN THEM, MAJORITY OF THEM COME, AND THEN THEY WON'T GIVE THEM GIVEN THIS AFTER THE FACT.
AND THAT SAID THAT SETTING A TONE WITH THE CITY AND YOU KNOW, PEOPLE TALKING TO SAY, WELL, GO AHEAD AND DO IT BECAUSE, YOU KNOW, I GOTTA DO IS GO UP THERE AND THEY GONNA, THEY GONNA FORGIVE YOU.
THERE HAS TO BE SOMEWHERE WHERE WE JUST STOP IT.
WE KNOW HOW ADVISE COLE SAID THIS.
AND WE NEED TO, YOU KNOW, YOU KNOW, THE WHOLE PURPOSE OF THIS COMMITTEE IS TO REVIEW THEIR ANSWERS.
AND THAT IS YOUR DECISION AS A COMMUNITY OR AS A COMMITTEE, I HAVE A CODE I HAVE TO ENFORCE, AND I'LL ENFORCE THAT CODE.
YOU HAVE THE POWER TO GRANT A VARIANCE AND YOU SHOULD EXERCISE THAT POWER FREELY, BUT THAT'S WHY YOU'RE HERE.
SO THAT DOES BECOME YOUR DECISION.
AND WHAT IF, UH, IT'S FOR THE VARIANCES AND WE WERE SAYING IT'S VOID EACH INDIVIDUAL, BUT DOES THE VARIANCE WITH US DISAGREEING ON THE VARIANCE, STOP US FROM BEING ABLE TO VOTE? I BELIEVE THE, WHAT YOU'RE AGREEING ON AS YOU READ THE STANDARDS IS WHAT WE'RE TALKING ABOUT.
VARIOUS STANDARDS OF THE VARIANCE.
DOES IT MEET THIS LEVEL OF A STANDARD? OKAY.
THE CONSENSUS VOTE IS TAKEN WITH EACH STANDARD TO BEING READ EITHER, GO SEE EITHER THE MAJORITY RULES.
SO YES OR NO, IN THE FINAL ANALYSIS, YOU'RE STILL GOING TO TAKE A VOTE ON WHETHER YOU'RE AWARDING THE VARIANCE.
YOU SEE WHAT I, BACK TO WHAT YOU WERE JUST SAYING AS FAR AS E, BUT WE DON'T KNOW ABOUT THE PROPERTY, EVEN IF IT WAS A MAJORITY OR NEVER, ONE OF THEM WOULD EVEN GET A DAY FOR A COUPLE OF THEM.
THE MAJORITY OF THAT WOULD BE A THREE.
WELL, YOU KNOW, SO HE COULD DO IT LIKE, AND WHAT I CAN, IF YOU HAVE A QUESTION, GO AHEAD.
NO, IS, IF I LOOK AT A PROPERTY AND YOU SEE THE REALTOR PROPERTY SHEET, I'M GOING TO BUY THIS HOUSE.
I MEAN, IT'S GOING TO HAVE SOLD OR ONE RESIDENTIAL OR WHATEVER OTHER STANDARD.
BUT ANYWAY, THAT RESIDENTIAL IS, IT'S ALL IN THERE FROM THE COUNTY RECORDS.
AND I THINK THERE MAY BE A PERCEPTION THAT FOLKS WILL SAY, WELL, IT'S RESIDENTIAL.
NOW I'M GOING TO GET OVER IN A DIESEL MECHANIC SHOP.
I MEAN, I DON'T HAVE NO ROOM TO PUT AN EXTRA DRIVEWAY ON MY HOUSE.
BUT, UM, THAT WOULD BE THE KIND OF THING I'D LOOK AT.
I WOULDN'T HAVE, I MEAN, DO YOU LOOK AT SOME OF THESE AND SAY, UH, WHAT IS CONSIDERED REASONABLE AND CUSTOMARY? ONCE AGAIN, YOU ARE NORMAL STICK OR WHATEVER.
THE GLASGOW STATES TO THE RULES.
THERE'S SOME STUFF WE HAVE DONE SOME ASSUMPTIONS TOWARDS.
BUT THEN IT GOES BACK TO WHAT YOU WERE SAYING THOUGH, THAT IT, EVEN IN EACH CASE, CASE BY CASE MATCHES.
BUT LIKE YOU SAID, THOUGH, ONCE WE GIVE THAT LEEWAY WAY GOING TO TAKE IT WELL, LIKE YOU SAY, IT COULDN'T STOP.
AND THEN IT'S ITS TEAM, YOU KNOW, BECAUSE MOST PEOPLE, YOU KNOW, THEY DON'T COME TO THESE MEETINGS, THEY GONE ON THERE AND LISTEN TO AND READ AND LISTEN AND, AND, AND THEY KNOW, AND THE PEOPLE THAT'S BUILDING OR WHATEVER, OR TELL THEM, YOU KNOW, SO I JUST THINK THAT IT WOULD TAKE A CASE BY CASE.
HOWEVER, WE HAVE TO SET A CERTAIN STANDARD.
WE HAVE TO FOLLOW WITH ALLOW REVISE CALL.
AND WE GOT TO SET THAT STANDARD THAT, HEY, YOU KNOW, WE CAN BE SYMPATHETIC, EMPATHY, WHATEVER YOU WANT TO BE.
BUT THE ROOM IS STILL THE, UH, LET ME MAKE A COMMENT.
IT'S MY JOB TO ENFORCE THE CODE, NOT THIS BOARDS.
THIS BOARD DOES NOT HAVE, UH, THE, THE, THE VERY FACT THAT YOU'RE IN PANELED TO GRANT VARIANCES MEANS YOU CAN DO THINGS THAT ARE EXCEPTIONS TO THE CODE.
SO YOU DON'T HAVE TO WORRY ABOUT ENFORCING WATSON, THE CODE, YOU MAKE AN INCISION BASED ON FACTS AND A CONSENSUS.
BUT AS FAR AS, AND THE REASON WE'RE HERE IS BECAUSE SOMEONE WANTS TO DO SOMETHING THAT LIES OUTSIDE OF THE CODE.
YOU ARE NOT SETTING PRECEDENT, NOTHING YOU DO HERE IS GOING TO MAKE ME CHANGE THE WAY I ENFORCE THAT CODE.
AND NOTHING YOU DO HERE IS GOING TO CAUSE THE CHARTER AND THE CODE TO BE CHANGED.
SO, UH, AND I'M NOT TRYING TO INFLUENCE WHAT YOUR DECISION IS, BUT I WANT TO, OR I WANT TO REMOVE ANY MISUNDERSTANDING THAT IT'S YOUR JOB TO ENFORCE THAT CODE.
I ALWAYS FELT THAT BECAUSE YOU AND I HAVE TALKED ABOUT IT MANY TIMES, BUT LIKE MS. NEWBY WAS SAYING, THOUGH, I WENT, WE WENT TO THE CASE BY CASE.
[00:35:01]
AND THAT'S HOW I ALWAYS WANTED TO GO OUT TO THE JOB SITE TO SEE EXACTLY BESIDES JUST A PICTURE.AND THEN LIKE TODAY I WENT OUT AND IT WAS ALREADY DONE.
AND I APPRECIATE IT BECAUSE HE, HE ACT MS. DAVIS HAD ALREADY Y'ALL TOOK IT OFF.
THAT HELPED ME BECAUSE I SAW IT.
I TOOK A PICTURE WITH MY CAMERA, WITH MY PHONE, BUT NOT TO THAT INTEL, I'LL SAY, WOW, IT'S ALREADY DONE.
I COULDN'T GO BACK TO THE PEOPLE YARD, YOU KNOW? AND THAT'S, IT WAS, YOU KNOW, STREET, PUBLIC STREETS AND ALL THAT.
SO THAT WAS THE MAIN THING, NOT GOING ON THEIR PROPERTY.
AND THE ISSUE IS, LIKE I SAY, WE'RE HERE TO MAKE THE RECOMMENDATION, BUT WE STILL HAVE TO TAKE CONSIDERATION THAT THEY KNOW IF THEY THINK THEY DO, THEY RESEARCH AND IT PUTS THE CITY, IT PUT THE CITY STAFF IN A BAD SITUATION, DRAG, THEY TRY AND ENFORCE SOMETHING, YOU KNOW, BACK AND FORTH.
SO, YOU KNOW, I JUST DON'T LIKE, DON'T COME, DON'T COME AFTER THE FACT AND THINK WE'RE GOING TO BE SYMPATHETIC.
SOMETIMES YOU JUST GOT TO MOVE YOUR SHIT.
SOMETIMES HE IS GOT TO MOVE STUFF.
SO WE'VE GONE THROUGH ALL OF THAT.
THAT'S NOT GOT THE RIGHT DATES ON IT.
SO AGAIN, WE'LL LET YOU KNOW NEXT MONTH, IF JANUARY 5TH IS GOING TO BE THE MEETING AT SIX 30, AT 6 30, 6 30.
WE'VE ALREADY, DON'T SIX 30 AND LONG TIME AGO.
THAT'S NOT ME CHANGE THE TEMPLATE.
MAKE A MOTION TO ADJOURN, MOTION PERCEPTIVE.