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[00:00:02]

READY.

I SHOULD CALL THE MEETING OF THE CITY

[ AGENDA BOARD OF ZONING APPEALS City Hall - Council Chambers 6131 Taylorsville Road June 8, 2022 6:30 P.M.]

OF HEBER HIGHEST BOARD OF ZONING APPEALS TO ORDER MADAM SECRETARY, PLEASE CALL THE RO MR. DEAN, MR. MOK, MR. STEWART, MS. NEWBIE A YEAR, WE WILL FOLLOW THE AGENDA AS WRITTEN.

WE HAVE ONE SET OF MINUTES FROM MAY 4TH, 2022 MEETING.

IF THERE ARE ANY COMMENTS OR CORRECTIONS TO BE MADE TO THESE MINUTES, PLEASE SPEAK NOW.

YEAH, NO COMMENTS ARE QUICK AND THE MINUTES WERE STAN APPROVE.

AND MAY I HAVE A MOTION TO APPROVE THE AGENDA AND MAKE A MOTION TO APPROVE THE AGENDA FOR THE JUNE 7TH MEETING? I SECOND, IT'S BEEN MOVED BY MR. D, UM, THEY, AND SECOND BY MR. DAVIDSON, THAT THE MEN, THE AGENDA FOR JUNE 8, 20, 20, 20, 20 SECOND, BE APPROVED.

OKAY.

IN ACCORDANCE WITH THE RULES OF THE BOARD OF ZONING APPEALS, ANYONE WHO WISHED TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEED TO BE SWORN IN.

I WOULD ASK EVERYONE TO STAND, RAISE YOUR RIGHT HAND AND RESPOND.

I DO TOO.

THE FOLLOWING OATH, IF YOU PLAN TO SPEAK AT THE POLL, DO YOU HEAR BY SWEAR AND AFFIRM OR FIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD, THANK YOU.

ANYONE THAT MAY WISH TO SPEAK TONIGHT AFTER CASE REVIEW AND THE STAFF REPORT, PLEASE STEP TO THE PODIUM, STAKE STATE, AND SPELL YOUR NAME FOR THE RECORD AND PLACE YOUR NAME ON THE S ON THE SIGNATURE SHEET.

THAT'S LOCATED ON THE PODIUM.

SINCE WE DON'T HAVE ANY ALL BUSINESS FOR THIS EVENING, WE WILL PROCEED ONTO THE NEW BUSINESS.

WE HAVE, UM, BZA CASE 2209.

THE APPLICANT NATALIE WILLIAMS IS REQUESTING A VARIOUS SECTION 1120 5.0 2, 11 91 0.01, NON PERMIT, ASSESSABLE BUILDING AND LOCATED OVER ASSESSABLE.

BUILDING PROPERTY IS LOCATED AT 7,000 MONTE Q ROLL STAFF.

YES, MA'AM GOOD EVENING, EVERYONE.

THANK YOU FOR COMING THIS EVENING.

UH, MY STAFF REPORT FOR THIS PROPERTY IS AS FOLLOWS.

THE PROPERTY OWNER IS REQUESTING A VARIANCE TO ALLOW NEWLY CONSTRUCTED, NON PERMITTED ACCESSORY BUILDING TO REMAIN IN THE SIDE YARD.

AND WITHIN INCHES OF THE HOUSE, THE BUILDING WAS OBSERVED BY A CODE ENFORCEMENT OFFICER NOTIFIED THE PROPERTY OWNER OF THE, UH, VIOLATIONS AT THE OWNER'S REQUEST.

GREG SEAGRAVES MET AT THE PROPERTY AND EXPLAINED THE BUILDING'S PLACEMENT ISSUES.

THE REAR YARD HAS INCREASING ELEVATION TOWARD THE EAST.

THUS WOULD REQUIRE SINKING POSTS TO RAISE THE SHED TO A LEVEL OF ELEVATION, PLACING IT IN THE MORE LEVEL AREA OF THE REAR YARD MAY PLACE IT TOO CLOSE TO THE HOUSE.

THE FOLLOWING IS A STATEMENT I'M MAKING AFTER HAVING DISCUSSED IT WITH THE FIRE INSPECTOR.

AND I'LL, I MUST SAY THEY HAVE NO JURISDICTION ON A RESIDENTIAL PROPERTIES.

I JUST RAN THIS PAST.

I MEAN, HE AGREED WITH THE FOLLOWING STATEMENT, HAVING A BUILDING SO CLOSE TO THE HOUSE PRESENTS A POTENTIAL LIFE SAFETY ISSUE.

IF THE SIDE WINDOW AT THE SOUTHWEST CORNER NEEDED TO BE USED IN AN EMERGENCY FOR EXITING THE HOUSE OR FOR EMERGENCY RULE BY RESCUE PERSONNEL, THE EGRESS IS BLOCKED.

THE APPLICANT THEREFORE REQUIRES A VARIANCE FOR THE ACCESSORY BUILDING TO REMAIN IN ITS CURRENT LOCATION.

IF A VARIANCE IS APPROVED BY THE BOARD, THE OWNER WILL IMMEDIATELY OBTAIN A PERMIT.

STEPH ANALYSIS OF THE PROPERTY OF A LOT IS A PROXIMITY POINT 200 ACRES.

THERE ARE NO CITY EASEMENTS AFFECTED IN THE CURRENT LOCATION.

HOWEVER, A 10 FOOT EASEMENT EXISTS ALONG THE REAR PROPERTY LINE.

THE STRUCTURE IS A STORAGE BUILDING, CURRENT PLACEMENT AT THE SOUTH SIDE YARD OF THE HOUSE.

UH, I HAD ASKED THE CITY ENGINEER TO LOOK AT THE SLOPE IN THE BACKYARD WHERE THE PROBLEM MIGHT BE PRESENTING THE NEED TO PUT POSTS IN THE GROUND.

HIS REPORT AS FOLLOWS THE CITY ENGINEERING DEPARTMENT FINDS THAT THERE IS A FOUR FOOT DECREASING ELEVATION FROM THE EAST PROPERTY LINE, WHICH WOULD RELIEVE THE REAR LINE TO THE MID YARD.

THIS SLOPE MAY CAUSE WATER TO COLLECT AT THE SHED IS PLACED AT THE BOTTOM OF THE SWALE IN THE REAR YARD.

I'LL TRY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

UM, ANY OF THE BOYS HAVE ANY QUESTIONS FOR THE STAFF? SO IT'S THE STAFF.

I MEAN, THE BOARD DOES HAVE ANY QUESTION FOR THE STAFF.

DOES NOTE, THE APPLICANT WAS TO SPEAK BEFORE THIS

[00:05:01]

COMMISSION, YOU HERE TO GIVE US, YOU KNOW, WHATEVER YOU WANT TO TELL US.

UM, WHEN I, WHEN GREG DID COME OVER AND LOOKED AT MY PROPERTY, HE AGREED THAT I DIDN'T REALLY HAVE ANYWHERE ELSE THAT I COULD PUT IT.

AND I DIDN'T ASK FOR A VERY ANSWER BEFORE, BECAUSE I DIDN'T KNOW I NEEDED ONE.

THE SHED'S BEEN THERE FOR TWO YEARS BEFORE WE CONTINUE ON STATE YOUR NAME AND SPELLING THEM AND THE SIGN, THE PAPER, NATALIE WILLIAMS, AND A T A L I E WILLIAMS, W I L L I A M S.

THANK YOU.

YOU CAN, YOU CAN JUST CONTINUE.

UH, THE REASON THAT I HAD PUT IT THERE ALSO WAS, THERE IS AN EXISTING EIGHT BY EIGHT CONCRETE SLAB.

WHEN I PURCHASED THE HOUSE, I ASKED THE INSPECTOR WHAT HE THOUGHT THAT SLAB WAS FOR.

AND HE SAID THAT THERE WAS EVIDENCE OF AN EXISTING SHED THERE BEFORE.

SO I DIDN'T REALIZE THAT I WASN'T ALLOWED TO PUT ONE THERE, BUT ANYONE ON THE BOARD HAVE ANY QUESTIONS FOR MS. WILLIAMS? I PROBABLY DO.

YOU KNOW, I DID STOP BY YOUR HOUSE AND DID LOOK AT FROM LONGFORD.

UM, I THINK OUR CONCERNS, IF I COULD SPEAK FOR THE BOARD IS A SAFETY ISSUE.

I MEAN, THAT IS BUTTED RIGHT UP AGAINST THE HOMES.

UM, BEING A FIREFIGHTER, RETIRED MYSELF, I KNOW THAT IS A BIG SAFETY ISSUE AND YOU NEED ALL X THAT YOU CAN.

IS THERE ANY PLACE EVEN WITH THE POSTS BEING UP TO PUT IT IN THE BACKYARD? CAUSE I DID SEE YOU, THE BACKYARD WAS STILL KIND OF EMPTY SPACE RIGHT THERE FOR A SHED WHERE EXACTLY I DID SUBMIT A PICTURE, A COUPLE PICTURES OF THE BACKYARD ALSO.

YEAH, WE HAVE THE ARIEL THERE, BUT WITH THE SLOPE, I DON'T, I DON'T EVEN KNOW WHERE IT WOULD GO.

AND I, WHEN GREG CAME OVER, I ASKED HIM THERE'S I HAVE OTHER, I SUBMITTED A COUPLE OTHER PICTURES WITH MY APPLICATION.

I'M SORRY.

UM, THAT PHOTO IS ONE THAT GREG TOOK.

THE OTHER PHOTO IS FROM GOOGLE EARTH STREET VIEW.

I DON'T HAVE ANY PHOTOS.

OH.

I, I HAD THEM PRINTED OUT ON A PAPER LIKE THIS AND SUBMITTED WITH THE APPLICATION WHEN I TURNED IT IN.

I, I, I DIDN'T SEE.

OKAY.

UM, BUT I, I, I, I AGREE WITH WHAT YOU'RE SAYING.

SO PLEASE CONTINUE.

RIGHT.

UM, I DON'T, WHEN I ASKED HIM TO WHAT TO WALK INTO THE BACKYARD AND SHOW ME WHERE EXACTLY HE THOUGHT IT COULD GO.

AND HE SAID HE DIDN'T SEE ANY SPACE WHERE IT COULD GO EITHER BECAUSE OF THE SLOPE.

YEAH.

I KNOW WHAT YOU'RE SAYING.

CAUSE LONGFORD HAS THE HILL THE WHOLE WAY AND EVERYTHING LIKE THAT.

I DO UNDERSTAND IT'S NOT A LEVEL REAR YARD, BUT YOU KNOW, EVEN FOR A SAFETY ISSUE FOR MYSELF, YOU KNOW, I FIND IT BEING SO CLOSE TO THE HOUSE.

TOTALLY BLOCKING THAT ONE.

THAT BEDROOM DOES HAVE ANOTHER WINDOW.

THAT'S ALL I HAVE.

OKAY.

I HAVE A QUESTION LOOKING AT THIS.

IS THERE A POSSIBILITY THAT SINCE YOU OWN THE CORNER LOT, RIGHT? THAT THAT SHED COULD BE MOVED CLOSER TO THE FENCE.

IF THE GIFT TO GIVE, IF WE'RE TALKING CONCERN, THE SAFETY CONCERN ABOUT EGRESS AND SOMETHING UNFORTUNATE HAPPENED, AND YOU HAVE TO GET OUT THAT BEDROOM, EVEN THOUGH YOU SAID THAT YOU HAVE ANOTHER, THERE'S A FRONT WINDOW.

IT'S A CAUSE THAT THAT BEDROOM IS ON THE CORNER.

SO THERE'S A WINDOW ON THE FRONT AND THE WINDOW ON THE SIDE.

OKAY.

WERE YOU ASKING MY OPINION AS WELL? UM, IF THIS BOARD AGREES TO GRANT A VARIOUS BASED ON THAT SHED BEING MOVED AWAY FROM THE HOUSE A COUPLE OF FEET, THEN THAT'S OKAY WITH ME BECAUSE THIS BOARD HAS THE POWER TO GRANT THAT VARIANCE AND STIPULATE TO THAT.

THE, I WILL SAY THIS, THAT, AND I'M SURE SCOTT.

SO WHERE WOULD YURI WITH THIS MINIMAL SPACE BETWEEN TWO STRUCTURES? AND IN MOST CASES IT APPLIES TO PERHAPS A MOTOR HOME IS BEING STORED IN THE SIDE DRIVEWAY.

THEY LIKE TO HAVE AT LEAST TWO FEET, SO THEY HAVE ACCESS.

UM, SO ANYTHING THAT WOULD GET REASONABLE ACCESS TO MOVE IT AWAY FROM THE HOUSE, I BELIEVE FROM A LIFE SAFETY ISSUE.

AND I'M NOT AN EXPERT ON THAT, BUT I'VE TALKED TO THEM WOULD PROBABLY NOT BE A BAD IDEA AND ALLOW IT TO STAY PRINCIPALLY IN THE SAME LOCATION.

ANYONE ELSE HAS ANY QUESTIONS

[00:10:01]

IS THAT I GOT ONE MORE.

SO IT'S THAT COMPLETELY SEALED ON THAT CONCRETE SLASH THAT THAT SHED IS A 12 BY EIGHT.

AND THE SLAB THAT IT SITS ON IS AN EIGHT BY EIGHT.

SO IT COMPLETELY SITS ON THE SLAB.

YES.

AND THAT SLAB IS ALL THE WAY UP TO THE HOUSE.

YOU CAN ACTUALLY SEE ON THE SIDING AND THE BRICK, A BLACK CAULK LINE FROM WHERE THEY HAD THE SHED BEFORE UP AGAINST IT.

AND IT CAULKED AROUND IT.

MADAM CHAIR.

UM, I UNDERSTAND YOU PURCHASED THE PROPERTY AND THERE PROBABLY WASN'T SHIT THERE PROBABLY WASN'T IN, YOU KNOW, COMPLIANCE EITHER.

SO WE'RE TAKING THE CONSIDERATION WHERE THE SHIT IS PUT RIGHT NOW.

DO YOU HAVE ANY FLEXIBILITY TO MOVE IT AWAY FROM THE HOUSE? UM, I WOULD JUST, I WOULDN'T KNOW WHO TO DO IT.

I MEAN, I COULDN'T DO IT MYSELF.

IT'S I DON'T KNOW HOW I WOULD MOVE, HOW IT WOULD GET IT MOVED.

DO YOU HAVE ANY RECOMMENDATIONS ON THAT? THE PEOPLE THAT SELL THESE SHEDS ALL ON THE CORNER, LOTS AND EVERYTHING LIKE THAT, THEY HAVE GUYS COME OUT, MOVE THEM, BUILD THE FOUNDATIONS FOR THE NEW ONE OR SOMETHING LIKE THAT.

YOU KNOW? CAUSE THE QUESTION IS IF YOU DON'T WANT TO MOVE IT TO THE BACKYARD, I THINK OUR QUESTION IS, DO YOU WANT TO MOVE IT OUT? FOR LEAST A SAFETY ISSUE? YEAH.

I MEAN, IF THAT'S WHAT ALLOWS ME TO LEAVE IT RIGHT THERE AND NOT PUT IT IN THE BACKYARD YET.

YEAH.

MR. DAVIDSON, I'M NOT SURPRISED.

THE COMMENT YOU MADE ABOUT THE CAULKING.

THERE WAS A TIME BEFORE MY TIME WHEN SHEDS WERE DEFINED AS BEING 144 SQUARE FEET OR LESS, AND THEY'LL TALK IN EIGHT FEET.

DIDN'T WERE NOT CONSIDERED ACCESSORY STRUCTURES IN A CORRECTLY, BY THE WAY, WERE NOT.

AND THEREFORE DIDN'T HAVE TO HAVE A PERMIT SO THEY COULD PUT THEM ANY PLACE UP AGAINST HOUSES THAT WE KNOW IT'S HAPPENED.

WE SEE THEM, SOME OF THEM.

SO I'M NOT SURPRISED AS A SLAB THERE, I'M NOT SURPRISED AS TO IF THERE WAS A SHED THERE PREVIOUSLY THAT WAS PUSHED RIGHT UP AGAINST THE HOUSE BECAUSE THERE WAS A TIME IN THE, IN THE, IN HISTORY WHEN THOSE THINGS WERE ALLOWED TO HAPPEN.

SO ALL THE QUESTIONS OTHER THAN MAKE AN EMOTION TO MEN.

SO GO AHEAD.

I'LL GO CLOSE IT OUT.

OKAY.

THANK YOU.

YOU HAVE ANYTHING ELSE YOU NEED? I DON'T THINK SO.

THINKING ABOUT THAT.

SO WHAT WAS YOU SAYING? I MAKE A MOTION THAT MEANT TO HER REQUEST TO MOVE AT TWO FOOT OUT FOR THE SAFETY ISSUE.

IF THE APPLICANT IS OKAY WITH THAT.

OKAY.

SO YOU MAKE AN EMOTION THAT THE BALL WAS THAT THE APPLICANT MOVE IT TWO FEET AWAY FROM WAS PREVIOUS THAT OKAY.

SINCE HE'S MAKING, DO I HAVE A SECOND ON THAT? IT'S BEEN MOVED AND SECOND THAT THE BOARD IS REQUESTING THAT THE APPLICANT, UH, FOR THIS TO BE APPROVED, THAT THE APPLICANT MOVED THE LOCATION OF THE SHED TWO FEET AWAY FROM WHERE IT ORIGINALLY IS DUE TO US BEING CONCERNED ABOUT IT.

BEING A SAFETY.

WE HAVE A QUESTION ON THE MOTION.

THERE IS NO QUESTION ON THE MOTION.

I DON'T KNOW.

I CAN ANSWER THAT QUESTION FOR YOU.

SO YOU SEE GREG ABOUT GETTING A PERMIT, YOUR, YOUR PERMITS VALID FOR ONE YEAR FROM DATE OF ISSUANCE.

SO YOU HAVE PLENTY OF TIME TO, TO GET SOMEBODY TO DO THAT FOR YOU.

YOU'RE WELCOME.

OKAY.

OKAY.

SINCE THERE'S NO QUESTION ON EMOTION, WE'RE GOING TO GO TO THE BERETS AND SECRETARY FOR EACH VARIOUS, THE SECRETARY GOING TO CALL THE ROLE AND WHERE THE MEMBERS OF THIS BOARD.

SO EITHER SAY YAY, YES OR NO ON EACH ONE OF THESE, UM, ITEMS, THE FIRST ONE WHERE THE PROPERTY QUESTION, WHAT YOUR YIELD AT REASONABLE RETURN OR WHETHER THERE WOULD BE ANY BENEFICIAL USE OF PROPERTY WITHOUT THE VARIANCE.

MADAM SECRETARY WILL TAKE THE ROLE PLACE DAVIDSON.

YES.

MR. DEAN.

YES.

MR. MOCK.

YES.

MS. NEWBIE.

YEAH.

WELL THE VARIOUS SUBSTANTIATE.

SO MS. MADAM SECRETARY WHERE AM I? OKAY.

SO, OKAY.

WHO THE BIRD IS SUBSTANTIAL.

I'M SORRY.

OKAY.

MR. DAVIDSON.

YES.

MR. DEAN.

YES.

MR. MOCK.

YES.

[00:15:01]

MS. NEWBIE.

YEAH, WHETHER THE CENTRAL CHARACTER OF THE NEIGHBORHOOD WILL BE SUBSTANTIALLY ALTERED OR ADJOURNED PROPERTY WILL SUFFER A SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANTS.

MR. DEAN.

NO.

MR. MOK.

NO.

MR. DAVIDSON.

NO.

MS. NEWBIE.

NO.

WELL, THE VARIOUS WOULD AVERT ADVERSELY AFFECT THE DELIVERY OF GOVERNMENT OR SERVICES SUCH AS WATER CENTER, SEWAGE OR GARBAGE REMOVAL.

MR. MOK.

NO.

MR. DEAN.

NO.

MR. DAVIDSON.

NO.

MS. NEWBIE.

NO.

WHERE THE, THE OWNED APPROACHES THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION.

MR. DEAN.

NO.

MR. DAVIDSON.

NO.

MR. MOCK, MS. NEWBIE.

NO, WE'RE THE PROP.

THE ONLY PREDICAMENT FEASIBLY CAN BE OUT AND ADVOCATE THROUGH SOME METHOD OTHER THAN THE FERRETS.

MR. DAVIDSON.

YES.

MR. DEAN.

YES.

MR. MOCK.

YES.

MS. NEWBIE.

YEAH, WHETHER IT'S SPIRIT AND TICK BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE DONE BY GRANTING THE VARIOUS MR. DEAN.

YES.

MR. MOCK.

YES.

MR. DAVIDSON.

YES.

MS. NEWBY? YES.

OKAY.

OH, WE GOT DO THE OTHER I'M SORRY.

MY MIND IS OKAY.

SO I'M GONNA ASK THE MOTION TO APPROVE THE VARIOUS.

SO WE'VE ALREADY GOTTEN MR. DAVIDSON WHO LED THE MOTION.

SO WE'RE GOING TO RESPOND TO SO MOVE.

OKAY.

WE ARE, WE DID THE SECOND.

OKAY.

WE'RE GOING TO VOTE ON THE WHOLE THING.

THE TWO OF THEM, THE VARIANCE VOTES WERE TAKEN.

NOW WE'RE GOING TO VOTE ON THE MOTION.

OKAY.

MR. DAVIDSON MOVED FOR THE MOTION AND MR. MOCK SECOND, DID IT, MR. DAVIDSON? YES.

MR. DEAN? YES.

MR. MOK? YES.

MS. NEWBY.

YES.

WELL SHE, CARRIE, UM, WELL, THE NEXT STEP FOR YOU IS TO GO THROUGH THE CITY AND FIND OUT WHAT ADDITIONAL, UM, STUFF THAT YOU WOULD NEED TO DO.

OKAY.

ON THAT, THE MAN OVER THERE, I CAN HELP YOU.

OH, I'VE HEARD IT OUTSIDE.

CAUSE I WAS WHOOPS.

I SAW MY RIGHT WITH THAT.

YEAH.

I DIDN'T WANT TO SAY SHE SEEMED LIKE I GAVE THE WRONG.

I MISS MY ALL MESSED UP.

I'M STILL TIRED.

I NEED TO TAKE LET'S THE MEETING FOR JUNE SOUTH.

ONE OF THE DOCTORS, HE MIGHT HAVE TO HAVE SURGERY BECAUSE HE HAS STOP NO MORE.

ALL RIGHT.

OKAY.

THE NEXT CASE.

OKAY.

BZA CASE 2210, THE APPLICANT JAMES PARKER IS REQUESTING A VERSE OR SECTION 1181 POINT 11 TO LOCATE POOL IN THE SECONDARY FRONT YARD PROPERTIES LOCATED AT 56 0 1 RICE PLACE.

UH, THE PROPERTY OWNER IS REQUESTING A VARIANCE TO ALLOW PLACEMENT OF AN ABOVE GROUND POOL, A SWIMMING POOL AND A SIDE YARD.

AND WITH A SETBACK OF EIGHT FEET FROM THE SIDE PROPERTY LINE, THE OWNER RECEIVED A PERMIT WHICH IS ATTACHED FOR A PREVIOUS POOL.

IN 2006, THE PERMIT SHOWS PLACEMENT IN THE SIDE YARD WITH NO VERUS REQUIRED.

THIS WAS DUE TO NO REAR YARD PLACEMENT REQUIREMENT IN THE CODE UNTIL AN ORDINANCE UPDATE IN JUNE OF 2019.

AS OF JUNE, 2019, THE CODE 11 81, 11 B RATES, SWIMMING POOLS.

THE POOL SHALL BE LOCATED IN THE REAR YARD AND NOT BE LOCATED CLOSER THAN 10 FEET TO ANY PROPERTY LINE.

SUCH DISTANCE SHALL BE MEASURED FROM THE EDGE OF THE POOL.

THE APPLICANT THEREFORE REQUIRES A VARIANCE TO INSTALL THE SWIMMING POOL AS PROPOSED IN THE SIDE YARD.

AND WITHIN EIGHT FEET OF THE NORTH SIDE, A PROPERTY LINE.

IF THE VARIOUS IS APPROVED BY THE BOARD, THE OWNER WILL IMMEDIATELY OBTAIN A PERMIT.

[00:20:01]

A STAFF ANALYSIS LAW IS APPROXIMATELY A QUARTER ACRE.

THERE ARE NO CITY UTILITIES AFFECTED IN THE PROPOSED LOCATION.

THE FIVE FOOT ACCESS EASEMENT ALONG THE NORTH PROPERTY LINE WOULD NOT BE IMPACTED BY THIS PLACEMENT.

THE STRUCTURE IS AN ABOVE GROUND.

SWIMMING POOL PLACEMENT WOULD BE IN THE NORTH SIDE YARD OF THE PROPERTY.

THE CITY ENGINEERING DEPARTMENT HAS NO COMMENTS REGARDING THIS.

I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE FOR STAFF? NO.

NO.

OKAY.

UM, IS THE OWNER HERE TOO, WOULD LIKE TO SPEAK WHEN YOU PROCEED TO THE POEM WHERE YOU STATE YOUR NAME AND SPELL IT AND THAT SIGN THE PIECE OF PAPER DOES SIGNATURE PAPER ON A PODIUM.

JAMES POTTER, J A M E S POTTER, P O T T E R.

OKAY.

LIKE MR. MALLARD SAID, UH, MILLER TET.

WE USED TO HAVE A POOL THERE.

WE GOT A PERMIT FOR IT YEARS AGO.

AND UNTIL RECENTLY WE, THE NEW ZONING SAID WE HAD TO HAVE IT IN THE BACKYARD.

OF COURSE MY BACKYARD IS MUCH SMALLER THAN EITHER OF MY SIDE YARD AND THE FRONT SIDE YARD SOAPS OFF TO POWELL ROAD REAL BAD.

SO THE SITE AREA IS THE ONLY AREA I REALLY HAVE TO, THAT CAN PLACE A POOL OF THAT SIGN.

SO YOU SAID THAT PREVIOUSLY WHERE YOU WANT TO PUT THE POOL AT NOW WAS THERE WAS ONE THAT PREVIOUSLY YES, WE HAD ONE 16 YEARS AGO OR SO I FORGET WHEN WE GOT YOUR PERMIT, BUT WE USED TO HAVE ONE THERE WITH NO PROBLEMS FOR, FOR YEARS AND THE KIDS GREW UP, SO WE DIDN'T HAVE HER FOR A COUPLE OF YEARS.

AND THEN WE, UH, APPLIED AGAIN FOR PERMIT.

AND THAT'S WHEN THEY SAID IT HAD TO BE IN THE BACKYARD.

MS. NEWBY, THE, THE PERMIT FOR THE PRIOR POOL HAS AN ATTACHMENT THAT DOES, WAS APPROVED SHOWING THE POOL IN THE SAME LOCATION.

AND IT WAS ATTACHED TO THE ORIGINAL PERMIT.

OKAY.

SO NO QUESTIONS, NO QUESTIONS.

I JUST HAVE ONE.

OKAY.

SO THIS ISN'T A REPLACEMENT.

THIS IS AGAIN, WE HAD ONE IT'S BEEN GONE A COUPLE OF YEARS.

WE'RE PUTTING IN A NEW ONE IN THE SAME SPOT.

YES.

OKAY.

WE ARE ASKING FOR A LITTLE LARGER POOL, 18 FOOT BEFORE WE HAD MAYBE A 16 FOOT.

SO THAT'S WHY WE'RE CLOSER TO THE PROPERTY LINE.

WE'RE ASKING FOR A VARIANCE TARIFFS THAT HAVE 10 FEET TO EIGHT FEET.

THANK YOU.

18 OR 15 FOOT EIGHT.

YES.

OKAY.

SINCE THERE'S NO OTHER ADDITIONAL QUESTIONS FOR THE APPLICANT, I'M GONNA CLOSE THE CASE AND READ THESE STANDARDS.

VERY ESTABLISHED.

YOU CAN BE SEATED.

THANK YOU, SIR.

OKAY.

I'LL START THIS AGAIN.

WHETHER THE PROPERTY IN QUESTION, WILL YOU YIELD A REASONABLE RETURN OR WHETHER THERE WOULD BE ANY BENEFICIAL USE OF THE PROPERTY WITHOUT THE VARIANTS? MR. DEAN? YES.

MR. MOCK.

YES.

MR. DAVIDSON.

YES.

MS. NEWBIE.

YES.

WELL, THE VET WERTHER, THE VERUS IS SUBSTANTIATED.

MR. DAVIDSON.

NOPE.

MR. DEAN.

NO.

MR. NO.

MS. NEWBIE, NO ONE OF THE CENTRAL CHARACTER OF THE NEIGHBORHOOD WOULD BE SUBSTANTIALLY ALTERED OR WHETHER JOURNEY ADJOURNED PROPERTY WAS SUFFERED SUBSTANTIAL DETRIMENT AS A RESULT OF THE VARIANTS.

MR. MOK.

NO.

MR. DAVIDSON.

NOPE.

MR. DEAN.

NO.

MS. NEWBIE.

NO.

WHERE THE VARIOUS WOULD ADVERSELY AFFECT THE DELIVERY OF GOVERNMENTAL SERVICES SUCH AS WATER, SANITARY, SEWAGE, UH, GARBAGE REMOVAL.

MR. DEAN.

NO.

MR. MOCK.

NOPE.

MR. DAVIDSON.

NO.

MS. NEWBIE.

YOU KNOW WHETHER THE PROPERTY OWNER PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE ZONING RESTRICTION.

MR. MOK? NO.

[00:25:02]

MR. DAVIDSON.

NO.

MR. DEAN.

NO.

MS. NEWBIE.

NO.

WELL, THE PROPERTY OWNER PREDICTABLE FEASIBLY CAN BE A VERDICT THROUGH SUCH METHODS THROUGH SOME OTHER METHOD OTHER THAN THE VERDE'S MR. DAVIDSON.

YES.

MR. DEAN.

YES.

MR. MOCK.

YES.

MS. NEWBIE.

YEAH.

YES.

WELL, THE SPIRIT INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AS SUBSTANTIAL JUSTICE DONE BY GREG NEFARIOUS.

MR. MOK? YES.

MR. DAVIDSON.

YES.

MR. DEAN.

YES.

MS. NEWBIE.

YES.

NOW AT THIS TIME I ASKED HIM, UH, I'M, UH, FOR A MOTION TO APPROVE THE VARIOUS.

I MET WITH THE MAKEUP MOTION GROUP BZA CASE 22 DASH 10.

WE'LL HAVE A SECOND.

IT'S BEEN MOVED AND SECOND THAT THE VARIOUS WILL BE APPROVED.

UH, MADAM SECRETARY, WE CALL THE ROAD.

OKAY.

MR. DEAN? YES.

MR. MOK? YES.

MR. DAVIDSON? YES.

MS. NEWBIE? YES.

OKAY.

SO IT PASSES.

SO THE NEXT STEP, SIR, IS TO TALK WITH THE CITY STAFF TO SEE WHAT ADDITIONAL STUFF THAT YOU MIGHT NEED OR PAPERWORK THAT YOU MIGHT NEED TO FILE.

THANK YOU.

OKAY.

OKAY.

THANK YOU.

CAUSE I SAID, I BE HERE FOR JUST 30.

IS THERE ANY ADDITIONAL BUSINESS? NONE WE'LL PROCEED.

UPCOMING MEETINGS, JULY SIX AND AUGUST 3RD.

AND SO WE DO HAVE A MEAT OR A CASE SCHEDULED FOR THE JULY 6TH MEETING.

OKAY.

YES.

THAT, THAT HOLIDAY MONDAY, THAT MONDAY IS THE HOLIDAY.

WE DO THE SAME THING WE DID WITH THE SO WEDNESDAY IS THE SIXTH, RIGHT.

BUT WEDNESDAY WAS TWO DAYS AFTER HOLIDAY THIS WEEK OR LAST WEEK.

YEAH, WE HAD FROM BOTH THE CASES, SO, OKAY.

OKAY.

YEAH.

IT'S NOT GOING TO BE CANCELED.

I JUST WANT TO KNOW FROM MY, YEAH.

WE'LL HAVE THE JULY 6TH.

OKAY.

THAT'S GOOD.

GOOD.

SO I HAVE ALL MY FINGERS FROM FIREWORKS, SISTER.

NO.

IS THERE ANY ADDITIONAL, NOTHING ADDITIONAL.

CAN I GET A MOTION TO ADJOURN THE MEETING I MOVED TO OBSERVE MY SECOND, THE MOVE OF SECOND THAT THE MEETING IS ALRIGHTY.