[00:00:01]
WELCOME TO THE DUBLIN BOARD ZONING APPEALS MEETING OF THURSDAY, SEPTEMBER 28TH, 2023.
THIS MEETING IS BEING HELD AT 5 5 5 5 PERIMETER DRIVE.
THE MEETING CAN ALSO BE ACCESSED VIA THE CITY'S VIDEO LIVESTREAM ON THE CITY'S WEBSITE.
WE WELCOME PUBLIC PARTICIPATION, INCLUDING PUBLIC COMMENTS ON THE CASE THIS EVENING.
THE MEETING PROCEDURE FOR THE CASE WILL BEGIN WITH STAFF PRESENTATION FOLLOWED BY AN OPPORTUNITY FOR THE APPLICANT TO MAKE A PRESENTATION.
THE BOARD WILL THEN ASK CLARIFYING QUESTIONS, FIRST OF THE STAFF, AND THEN OF THE APPLICANT.
THE BOARD WILL HEAR ANY PUBLIC COMMENT, AND FOR ANY PUBLIC COMMENT, AND EXCUSE ME, PUBLIC COMMENT IN PERSON, THE SPEAKER MUST PROVIDE THEIR NAME AND FULL ADDRESS FOR THE RECORD FOLLOWING ANY PUBLIC COMMENT, INCLUDING THOSE SUBMITTED ONLINE.
THE BOARD WILL DELIBERATE ON THE CASE PRIOR TO RENDERING A DECISION.
JUDY, WILL YOU PLEASE CALL THE ROLE? YES.
[ACCEPTANCE OF DOCUMENTS and APPROVAL OF MEETING MINUTES]
DO WE HAVE A MOTION TO ACCEPT THE DOCUMENTS IN THE RECORD AND APPROVE THE MEETING MINUTES FROM AUGUST 24TH, 2023.IF ANYONE IS INTENDING TO ADDRESS THE BOARD THIS EVENING ON THE LONE CASE, PLEASE STAND, RAISE YOUR RIGHT HAND AND ANSWER IN THE AFFIRMATIVE.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH IN YOUR TESTIMONY TO THIS BOARD? GREAT.
[Case #23-094 ]
OKAY.FOR OUR CASE THIS EVENING, THIS IS CASE NUMBER TWO THREE DASH 0 9 4 TRUO.
THE TRUVIA RESIDENCE AT NINE FIVE LONGVIEW DRIVE WITH REGARD TO A NON-USE AREA VARIANCE, SPECIFICALLY, THIS APPLICATION IS FOR A VARIANCE REQUESTING, UH, OR EXCUSE ME, WITH REGARD TO ZONING CODE SECTION 1 53 0.074 E ONE C FIVE, TO INSTALL ROOF MOUNTED SOLAR PANELS ON A RESIDENTIAL STRUCTURE, WHEN THE ROOF AND PANELS ARE NOT OF A SIMILAR COLOR IN THE ROOF, IS NOT RECTANGULAR IN SHAPE, I THINK THAT THE PANELS ARE NOT RECTANGULAR IN SHAPE TO AVOID A COMPLEX AND NON-SYMMETRICAL CONFIGURATION.
THE 0.46 ACRE SITE IS ZONED R DASH TWO LIMITED SUBURBAN RESIDENTIAL DISTRICT, AND IS LOCATED 185 FEET SOUTHWEST OF THE INTERSECTION OF, UH, EXCUSE ME, OF THE INTERSECTION WITH DUBLIN ROAD.
OUR STAFF PRESENTATION THIS EVENING WILL BE BY TAMMY NOBLE.
UM, AGAIN, THIS IS A VARIANCE APPLICATION TO A SECTION OF OUR CODE
UM, THAT'S RECENTLY ADOPTED BY CITY COUNCIL RELATED TO, UH, RENEWABLE ENERGY, SPECIFICALLY SOLAR ENERGY.
UH, THE CODE HAS, UH, BEEN ADOPTED BY CITY COUNCIL IN JUNE, AND, UM, CITY STAFF HAS BEEN WORKING WITH APPLICANTS TO, UH, REVIEW APPLICATIONS WITHIN, UM, THE PURVIEW OF THE NEW CODE LANGUAGE.
AND THIS APPLICATION ADDRESSES, UH, TWO SECTIONS OF THE CODE.
ONE SPECIFICALLY RELATED TO SHAPE OF OR CONFORMITY OF THE PANELS AND COLOR OF THE PANELS.
THE SITE THAT WE'RE, UM, ADDRESSING TONIGHT IS APPROXIMATELY A HALF ACRE SITE LOCATED ON THE SOUTH SIDE OF LONGVIEW DRIVE.
THIS IS JUST, UH, WEST OF DUBLIN ROAD.
THIS IS A SUBDIVISION CALLED GOLD SUB SUBDIVISION.
UM, THIS IS SLIGHTLY SOUTH OF THE HISTORIC DISTRICT INSIDE THE, UM, UH, TWO 70 INTERSTATE AND WEST OF THE SCIOTO RIVER.
YOU CAN SEE THE SITE IS RECTANGULAR IN SHAPE, SIMILAR TO THE ADJACENT PROPERTIES, UH, WITHIN THE SUBDIVISION.
THERE'S NO UNUSUAL, UH, LOT CONFIGURATIONS FOR THE SITE.
UH, THE HOUSE IS ACCESSED FROM LONGVIEW DRIVE, UM, FROM A SINGLE ACCESS POINT, UM, WITH A SINGLE FAMILY, FAMILY RESIDENTIAL STRUCTURE IN THE CENTER PORTION OF THE SITE.
[00:05:01]
UH, THE PARTICULAR SECTION OF ZONING CODE THAT WE'RE ADDRESSING IS OUR ACCESSORY STRUCTURES SECTION.UM, THERE'S TWO PROVISIONS WITHIN THE ZONING CODE THAT WE'RE ADDRESSING TONIGHT.
AGAIN, ONE DEALS WITH THE PROVISION OF CODE THAT REQUIRES THAT SOLAR PANELS BE INSTALLED IN A RECTANGULAR SHAPE ON A ROOF LINE TO ALLOW FOR CONFORMITY OF THE, UM, UH, SOLAR INSTALLATION, AS WELL AS THE SOLAR PANELS ARE REQUIRED TO BE SIMILAR IN COLOR, UH, TO THE ROOF LINE.
THESE ARE AESTHETIC REQUIREMENTS.
AND JUST FOR THE BOARD'S CONSIDERATIONS, BECAUSE THIS IS THE FIRST TIME THAT WE'VE HEARD A CASE ASSOCIATED WITH A ZONING CODE, THESE ARE REQUIREMENTS THAT ARE APPLICABLE TO ALL PORTIONS OF A BUILDING.
THIS IS NOT SPECIFIC TO THE FRONT PORTION OF A BUILDING, AND IT'S ACTUALLY APPLICABLE TO BOTH RESIDENTIAL AND COMMERCIAL, UH, STRUCTURES.
SO I ALLUDED TO SOME BACKGROUND TO THIS CODE PROVISION.
UM, PLANNING HAD WORKED WITH CITY COUNCIL FOR A NUMBER OF YEARS, UH, TO ADOPT THIS ZONING CODE REGULATION, UH, SPECIFIC TO SOLAR ENERGY.
UM, THEY DID ADOPT THE, UH, SOLAR REGULATIONS IN JULY, EXCUSE ME, JUNE OF, UH, 2023, AND WAS APPLICABLE IN JULY OF 2023.
UM, THERE WAS AN EXTENSIVE REBUT REVIEW PROCESS TO ADOPT THE CODE REGULATIONS.
UH, WE DID, UH, COMPARISONS TO OTHER COMMUNITIES.
WE WORKED WITH THE, UM, UH, SEVERAL, SEVERAL BUSINESSES THAT WERE, UM, IN THE PRACTICE OF INSTALLING SOLAR ENERGY, UM, TO ADOPT THE PARTICULAR REGULATIONS.
UH, THIS IS AN ELEVATION OF THE APPLICANT'S SITE.
YOU CAN SEE THAT IT'S A U-SHAPED, UH, SINGLE FAMILY RESIDENTIAL STRUCTURE WITH A HIP ROOF.
UH, THE ROOF COLOR IS LIGHT IN COLOR, IT'S GRAY, UM, AND THE PITCH OF THE ROOF IS LOWER.
I WOULD, I'M NOT EXACTLY SURE WHAT THE ACTUAL GRADE OF THE ROOF IS, BUT IT'S A SLANTED ROOF.
AND AGAIN, IN A, IN A U-SHAPED PATTERN, THIS IS THE, UH, SOLAR PANEL LAYOUT THAT THE APPLICANT'S PROPOSING.
THE PANELS ARE PRIMARILY SITUATED ON THE MID PORTION OF THE ROOF LINE, AS WELL AS THE LEFT PORTION OF THE ROOF LINE.
THEY ARE MAXIMIZING THE, UM, AREA EXPOSED IN THOSE TWO PARTICULAR AREAS.
AND IT, UM, IN A, I WOULD SAY, PROBABLY A, A CONFIGURATION THAT'S MAXIMIZING THE, THE ROOF LINE.
IN TERMS OF THE REVIEW CRITERIA, UH, THE BOARD KNOWS THIS, BUT I'LL SAY THIS FOR, FOR THE APPLICANTS AND THE GENERAL PUBLIC.
UM, IN TERMS OF THE REVIEW CRITERIA, THE FIRST THREE FOR REVIEW CRITERIA ARE REQUIRED TO BE MET, UM, IN ORDER TO BE SUCCESSFUL FOR A VARIANCE APPLICATION.
THE FIRST IS ASSESSING WHETHER THERE'S SPECIAL CONDITIONS FOR THE PARTICULAR SITE.
UM, THIS PARTICULAR SITE IS, AGAIN, A LOT CONFIGURATION THAT'S SIMILAR TO MANY, UH, RESIDENTIAL LOTS WITHIN THE CITY OF DUBLIN.
IT'S A SUBURBAN COMMUNITY THAT'S, UH, SMALLER LOT SIZES.
THE PARTICULAR LAYOUT OF THE SITE IS NOT UNIQUE.
UM, AND AGAIN, THE ROOF COLOR IS LIGHT IN COLOR, AND THE SHAPE OF THE ROOF IS SIMILAR TO, UH, RESIDENTIAL STRUCTURES IN TERMS OF ACTIONS OR INACTIONS OF THE APPLICANT.
UH, WHERE TO ASSESS IF THAT, UH, BEARS ANY, UM, BEARING ON THE APPLICATION.
IN TERMS OF THIS PARTICULAR APPLICATION, THE APPLICANT HAS NOT DONE ANY TYPE OF ACTION OR IN INACTION TO, UH, POSSESS ANY TYPE OF SPECIAL CON CONDITIONS FOR THE APPLICATION.
SO THAT ACTUALLY IS MET, UM, WHETHER THE, UM, APPLICATION OR THE GRANTING OF A VARIANCE WOULD IMPAIR THE INTENT OR THE PURPOSE OF OUR REQUIREMENTS.
WE ARE STATING THAT, UM, GRANTING THE VARIANCE WOULD IMPAIR THE NEWLY ADOPTED REGULATIONS TO ENSURE THAT SOLAR PANELS BLEND, UM, WITH NOT ONLY THE STRUCTURE IN WHICH IT'S INSTALLED, BUT THE, UM, EXISTING COMMUNITY.
IN TERMS OF THE SECOND SET OF CRITERIA, TWO OF THE FOUR CRITERIA ARE REQUIRED TO BE MET.
UM, IN THIS PARTICULAR INCIDENT, THE APPLICANT IS MEETING TWO OF THE FOUR REQUIREMENTS.
THE FIRST IS THAT, UH, IF THERE ARE SPECIAL PRIVILEGES GRANTED ASSOCIATED WITH THE VARIANCE IN TERMS OF THIS PARTICULAR APPLICATION, WE DO BELIEVE THAT IF GRANTING THE VARIANCE, IT WOULD IMPAIR THE REGULATIONS, UM, AND HAVE IMPACTS ASSOCIATED WITH THE GRANTING
[00:10:01]
OF THE VARIANCE.UM, THE, THE, UH, TWO REQUIREMENTS IN THE MIDDLE, UH, RECURRENT IN NA NATURE, THIS IS A NEWLY ADOPTED LANGUAGE.
IT'S NOT RECURRING IN NATURE, AND WE HAVE NOT ADDRESSED ANY TYPE OF APP APPLICATIONS ASSOCIATED ASSOCIATED WITH IT.
UM, IT OBVIOUSLY DOESN'T IMPAIR ANY TYPE OF GOVERNMENTAL SERVICES.
AND THE FOURTH REQUIREMENT IS, IS THERE ANY TYPE OF APPLICABLE, UM, METHODS TO, UM, MEET THE CODE REQUIREMENTS? AND I'LL ALLOW THE APPLICANT TO ADDRESS THIS A LITTLE BIT MORE SO THAN MYSELF.
BUT, UM, WE DO BELIEVE THAT YOU CAN INSTALL SOLAR PANELS AND STILL HAVE ENERGY EFFICIENCY WITHOUT, UM, MAXIMIZING THE, UM, THE, UH, SPACE THAT'S BEING BEING REQUESTED.
SO IN TERMS OF THE FIRST CRITERIA, WE DO NOT BELIEVE THAT ALL OF THE CRITERIA HAVE BEEN MET.
AND BASED ON THOSE REQUIREMENTS, WE'RE, UH, RECOMMENDING DISAPPROVAL FOR BOTH OF THE TWO REQUIREMENTS.
AGAIN, THE SECOND SET OF CRITERIA HAVE BEEN MET, SO WE'LL CONCENTRATE ON THE FIRST.
I DO KNOW THAT THE APPLICANT'S PRESENT AND, UM, WILL PROVIDE ADDITIONAL INFORMATION, AND OF COURSE, I'M HAPPY TO ANSWER ANY QUESTIONS.
DO WE HAVE ANY QUESTIONS FOR STAFF? JOEL? I, I HAVE ONE QUESTION.
SO, FOR CRITERIA B NUMBER TWO, UM, I'M NOT FOLLOWING WHY THE CRITERIA IS MET.
I, I'M FOLLOWING WHAT YOU SAID ABOUT IT BEING THE FIRST REQUEST FOR THE VARIANCE MM-HMM.
I FEEL LIKE THE CONDITIONS ARE GENERAL OR RECURRENT IN NATURE.
SO COULD YOU JUST ELABORATE ON THAT? YEAH, SO, SO WHAT THIS IS TRYING TO DETERMINE IS IF IT'S RECURRENT IN NATURE, IT'S SIMPLY ASSESSING THAT WE SHOULD ADOPT OR REVISIT THE CODE REGULATIONS OPPOSED TO ENTERTAINING VARIANCES.
THIS IS THE FIRST VARIANCE OF THIS NATURE.
SO IT'S, WE'RE ASSESSING THAT IT'S NOT RECURRENT IN NATURE.
UH, TAMMY, WHAT CONVERSATIONS HAVE YOU, UH, HAD WITH THE APPLICANT, UH, WHEN THIS WAS INITIALLY BROUGHT IN, UH, IN ABOUT, YOU KNOW, ADVISING THAT YOU WOULD HAVE TO COME TO OUR BOARD, YOU KNOW, TO, I KNOW YOU PROBABLY TRIED TO CAME UP WITH SOLUTIONS.
I JUST WANT TO GIVE A LITTLE BACKGROUND IN THAT.
I WOULDN'T SAY PRIOR TO THE APPLICATION SUBMITTAL, WE HAD, UM, I WOULD SAY REOCCURRING CONVERSATIONS.
WE HAVE TALKED, UH, NUMEROUS TIMES, UM, SINCE THE APPLICATION HAS BEEN SUBMITTED, UM, THE APPLICANT HAS SOME INFORMATION THAT'LL PRESENT TO THE BOARD ABOUT EFFICIENCY OF ENERGY AND HOW THE PARTICULAR CON UH, CONFIGURATION'S IMPORTANT, UM, FOR THEIR ENERGY, UM, EFFICIENCY.
BUT IN TERMS OF PROCESS, WE TALKED ABOUT EITHER THE VARIANCE PROCESS VERSUS THE APPEAL PROCESS, AND JUST GENERALLY HOW THE CODE GOT ADOPTED.
UM, AND THAT'S JUST BROUGHT US TO THIS PARTICULAR STAGE OF THE PROCESS.
ARE YOU AWARE IF THERE WERE, DID, OR I GUESS, DID YOU HAVE ANY KNOWLEDGE OR PERSONAL DISCUSSIONS WITH THE APPLICANT RELATIVE TO COMING UP WITH OTHER OPTIONS FOR MAXIMIZING, UH, THE LOCATION OF THE PANELS THAT WOULD BE IN LINE WITH THE CODE? UM, WE HAVE, AND I THINK WHEN THE APPLICANT TESTIFIES FOR THEMSELVES, THEY HAVE PRESENTED ANOTHER OPTION.
AND AGAIN, ASSESSING WHETHER THAT'S ENOUGH ENERGY EFFICIENCY FOR THEIR PARTICULAR NEEDS.
I DO HAVE A QUESTION ACTUALLY.
IS THERE ANY CONSIDERATION FOR THE ENERGY EFFICIENCY IN THESE RELEVANT PARTS OF THE CODE ABOUT THE RECTANGULAR SHAPE AND THE COLOR? ARE THERE ANY EXCEPTIONS MADE FOR THE EFFICIENCY OF THE, OF THE PANELS? THE ONLY PART OF THE CODE THAT DEALS WITH ENERGY EFFICIENCY SPECIFICALLY IS W WHETHER OR NOT PANELS ARE INSTALLED TO THE FRONT OF THE PROPERTY, THEN THE RESPONSIBILITY IS ON THE APPLICANT AND OR COMPANY TO ENSURE THAT, THAT THAT'S A, THAT'S NECESSARY FOR THEM TO INSTALL TO THE FRONT, BUT OTHER SIDES OF
[00:15:01]
THE BUILDING, THAT'S NOT A REQUIREMENT.UH, MR. TRIBIANO, WOULD YOU LIKE TO STEP UP TO THE PODIUM? YOU'RE GONNA HAVE TO, AGAIN, JUST STATE YOUR NAME, UH, AND ADDRESS FOR THE RECORD, AND THEN MAKE, BUT MAKE SURE THE LITTLE LIGHT IS GREEN AND THAT WE'LL KNOW WHAT'S ON.
I'M JAKE TRIBIANO LIVE AT, UH, 95 LONGVIEW DRIVE, 4 3 0 1 7.
I, I KNOW WE'RE THE ONLY PEOPLE HERE TODAY, SO THANK YOU FOR, UH, SPENDING YOUR EVENING WITH ME.
UM, I WANTED TO PROVIDE A LITTLE BIT OF CONTEXT AND BACKGROUND ABOUT MYSELF BEFORE I GOT INTO OUR SPECIFIC VARIANCES, WHICH I, AS I KNOW THE PURPOSE OF, OF TONIGHT'S MEETING.
BUT, UM, SO I'VE, I'VE BEEN IN THE SOLAR INDUSTRY FOR THE PAST SEVEN YEARS, SPECIFICALLY IN RESIDENTIAL SOLAR.
I OWN A RESIDENTIAL SOLAR COMPANY.
AND, UH, MY WIFE AND I, I, I'M FROM THE AREA.
MY WIFE AND I BOUGHT OUR HOUSE A LITTLE BIT LESS THAN THREE YEARS AGO.
WE PLAN ON LIVING IN THIS HOUSE FOREVER.
AND SO WHEN, WHEN I SAW TAMMY'S, UH, MESSAGE ABOUT THE JANUARY, I DON'T KNOW IF YOU GUYS REMEMBER, BUT THERE WAS A BIG MEETING IN JANUARY ABOUT THIS, THIS SPECIFIC CODE THAT WE'RE TALKING ABOUT TODAY.
UH, I WAS REALLY ENCOURAGED BECAUSE IN MY EXPERIENCE AND, AND FROM THE HUNDREDS OF JURISDICTIONS I'VE WORKED WITH, THE NOT ALLOWING SOLAR, WHICH, WHICH WAS THE PRIMARY PURPOSE OF THAT MEETING, WAS NOT ALLOWING SOLAR ON THE FRONT OF HOUSES, AND SHOULD WE DO THAT OR NOT? AND THE VAST, VAST MAJORITY OF JURISDICTIONS ALLOW SOLAR ON THE FRONT.
THERE'S, THERE'S CERTAIN, YOU KNOW, UH, RESTRICTIONS AND, AND, AND UNIFORMITY AND THINGS LIKE THAT, BUT THE VAST MAJORITY OF OF JURISDICTIONS DO, DO ALREADY HAVE THAT.
SO WHEN THAT CAME UP, IT WAS, I THOUGHT IT WAS A GREAT OPPORTUNITY FOR ME TO GET INVOLVED AS A COMMUNITY MEMBER AND A, UH, SOME OF THAT WORKS IN THE SOLAR INDUSTRY.
AND SO I ATTENDED THE MEETING.
I WAS, I WAS EXTREMELY ENCOURAGED.
IT WAS OBVIOUSLY RIGHT HERE, I WAS SUPER ENCOURAGED BY DUBLIN'S COMMITMENT TO SUSTAINABILITY, WHICH THEY, WHICH IS SOMETHING THAT I KNOW THAT WE TOUT.
AND UH, ALSO, UM, I WAS SUPER ENCOURAGED BY THE, UM, THE AMOUNT OF COMMUNITY MEMBERS THAT SHOWED UP IN SUPPORT FOR SOLAR.
AND SO WHEN I LEFT THAT, AGAIN, THE, THE, THE PRIMARY DISCUSSIONS OF THAT MEETING WAS, SHOULD WE ALLOW IT ON THE FRONT OF THE HOUSE OR NOT? WHEN I LEFT THAT MEETING, I WAS SO ENCOURAGED BY THE CITY OF DUBLIN THAT I CALLED MY TEAM MEMBERS, AND OVER THE A SERIES OF, OF COMING, UH, WEEKS OR MONTHS, I CONVINCED THEM TO RELOCATE OUR HEADQUARTERS FROM GREENVILLE, SOUTH CAROLINA TO DUBLIN, OHIO.
SO WHEN I SAW THE CODE COME OUT IN JUNE, AND I HONESTLY DIDN'T EVEN NOTICE IT UNTIL I SUBMITTED, UH, THIS PERMANENT APPLICATION, WHICH IS OBVIOUSLY FOR OUR OWN HOME.
UM, BUT WHEN I SAW IT, I WAS, I WAS REALLY SHOCKED.
UM, NOT, NOT JUST BECAUSE WE DIDN'T DISCUSS THE, THE RECTANGLE SHAPE IN THE JANUARY MEETING OR THE COLOR MATCHING THAT WASN'T DISCUSSED IN THE JANUARY MEETING, AT LEAST NOT TO MY KNOWLEDGE AND NOT TO THE MEMORY OF, OF SOME PEOPLE THAT ALSO ATTENDED THAT MEETING.
BUT PRIMARILY BECAUSE THE, THOSE TWO REQUIREMENTS, THE FACT THAT A SOLAR ARRAY NEEDS TO BE IN A PERFECT RECTANGLE SHAPE ON ANY, UH, PART OF THE HOUSE, AND THAT THE COLOR NEEDS TO MATCH THE SOLAR PANEL, SOLAR PANELS ONLY COME IN BLACK, RIGHT? SO IT'S LIKE TELLING SOMEBODY THAT YOUR CAR NEEDS TO MATCH THE COLOR OF YOUR, YOUR TIRES, RIGHT? SO THOSE TWO SPECIFIC CODES ARE TRULY UNHEARD OF IN OUR INDUSTRY.
AND AGAIN, I'VE WORKED WITH HUNDREDS OF JURISDICTIONS FROM CALIFORNIA TO THE CAROLINAS AND ALL OVER OHIO, AND, AND I'VE NEVER SEEN ANYTHING LIKE THIS.
I TALKED TO, UH, A LOT OF VENDORS THAT WORK IN EVERY STATE IN THE COUNTRY, AND THEY ALL AGREED THAT THEY'VE NEVER SEEN ANYTHING LIKE THIS.
SO IT'S NOT A STRETCH TO SAY THAT DUBLIN HAS, AS IT STANDS, DUBLIN HAS THE MOST ANTI-SOLAR RESIDENTIAL CODE IN THE COUNTRY.
NOW, I DEFINITELY DO NOT BELIEVE THAT THAT WAS THE INTENT OF THE CODE THAT WAS PUT TOGETHER.
I, I BELIEVE THAT THE, THE INTENT, OBVIOUSLY, WE CLAIM TO BE THE MOST SUSTAINABLE AND RESILIENT GLOBAL CITY OF CHOICE.
SOLAR IS ALL ABOUT SUSTAINABILITY AND RESILIENCY.
SO THE, I SAY ALL THAT TO SAY THAT LIKE YOU C WE CAN'T HAVE THIS CODE AND ALSO CLAIM TO BE THE MOST SUSTAINABLE AND RESILIENT CITY, UH, YOU KNOW, ON A GLOBAL SPECTRUM.
BUT LUCKILY THIS, THE SOLUTION IS VERY SIMPLE.
IT'S JUST MAKING ADJUSTMENTS TO THOSE TWO SPECIFIC PIECES OF CODE.
I KNOW THAT WE ARE NOT HERE TO DISCUSS CODE, AND I KNOW THAT THAT'S NOT, UM, SOMETHING THAT WE HAVE THE ABILITY TO DO ON AN EVENING LIKE TONIGHT.
BUT, UH, GIVEN ME BEING A, AND, AND MY WIFE WE'RE DUBLIN HOMEOWNERS, I OWN A, A SOLAR BUSINESS THAT IS HEADQUARTERED IN DUBLIN.
I JUST WANTED TO USE THIS PLATFORM JUST TO VOICE MY FEEDBACK TO ALL OF YOU GUYS.
UM, SO THANK YOU FOR HEARING ME OUT, AND IF I CAN BE OF ANY ASSISTANCE IN FUTURE MODIFICATIONS TO THE CODE, I I WOULD BE MORE THAN HAPPY TO DO THAT.
UM, BUT TO, TO GET INTO THE VARIANCE THAT WE'RE OBVIOUSLY HERE TO TALK ABOUT TONIGHT.
SO WHEN, WHEN I WAS NOTIFIED AND, AND TAMMY, I, WE'LL HAVE TO GET
[00:20:01]
OFF OFF OFFLINE I GUESS, ABOUT THIS, BUT I, I WAS UNDER THE IMPRESSION THAT THE COLOR OF OUR ROOF WAS FINE.IT WAS JUST THE EQUIPMENT UNDERNEATH OF IT THAT NEEDED TO BE MODIFIED.
BUT E EITHER WAY, UM, THERE'S A, LIKE IN OUR AREA, LONGVIEW DRIVE, DAN, UH, GRANDVIEW, THE, THE KIND OF WATERFORD NEIGHBORHOOD, YOU CAN SEE THE VAST MAJORITY OF RU OF, OF, WHETHER IT'S THE FRONT, THE BACK, THE SIDE, YOU CAN SEE FROM SOME ANGLE PEOPLE, ALL SIDES OF PEOPLE'S ROOFS.
AND SO WHAT, AND, AND THE WHOLE POINT OF THE RECTANGLE AND THE COLOR CODE IS SO THAT IT, THAT SOLAR LOOKS AESTHETIC ON ROOFTOPS, BUT YOU HAVE TO SEE IT IN ORDER FOR IT TO LOOK AESTHETIC.
SO WHAT, WHAT I AM HERE TO, WHAT, WHAT I, WHY I AM APPLYING FOR A VARIANCE HERE AND WHY I SPECIFICALLY BELIEVE THAT I'M IN A UNIQUE POSITION IS BECAUSE THERE'S THREE REASONS WHY YOU CANNOT SEE THE SOLAR PANELS.
IT IS NOT VISIBLE FROM THE PUBLIC TO SEE THE SOLAR PANELS THAT WOULD BE LOCATED ON MY ROOF, WHETHER IT'S IN A RECTANGLE OR NOT A RECTANGLE.
SO FIRST AND FOREMOST, YOU CAN'T REALLY TELL FROM THIS PICTURE, BUT YOU'LL SEE IN, IN ANOTHER PICTURE, LIKE THE CENTER OF OUR HOUSE IS A DECK.
SO LIKE, IT'S, IT'S, IT'S MORE IN A, IN THE SHAPE OF A U.
SO YEAH, IF YOU GO, YEAH, THERE YOU GO.
SO THERE'S, THERE'S ABSOLUTELY, IT IS ABSOLUTELY IMPOSSIBLE TO SEE THE SOLAR PANELS FROM THE FRONT OR EITHER SIDE OF OUR HOUSE.
SO FIRST AND FOREMOST, WE HAVE A UNIQUELY SHAPED HOUSE.
I'VE WALKED, I'VE PAID A LOT ATTENTION TO HOUSES.
THERE'S NOT A LOT OF HOUSES AROUND US THAT ARE THAT EXACT SAME SHAPE, WHICH AGAIN, BLOCKS OFF AT LEAST 75% OF THE POSSIBLE AREAS THAT YOU COULD SEE OUR ROOF.
AND THE SECOND THING IS THE BACKSIDE OF OUR HOUSE, WHICH IS NOT PICTURED IN THIS, BUT WE HAVE A VERY DENSE TREE LINE THAT GOES BETWEEN MY HOUSE AND THE NEIGHBORS BEHIND ME.
AND A LOT OF THAT TREE LINE IS PINE.
SO IT'S YEAR ROUND, IT'S GREEN, AND YOU CANNOT, YOU CAN, COULD BARELY OR, OR NOT EVEN SEE IT FROM MY NEIGHBORS.
I ATTACHED SOME PICTURES IN THE P D F THAT I INCLUDED.
YOU, YOU DON'T NEED TO GO, OR I GUESS YOU CAN IF YOU WANT TO, TAMMY.
BUT, UM, THERE'S SOME PICTURES I TOOK FROM THE OTHER, FROM GRANDVIEW AVENUE.
SO THIS IS THE, THIS WOULD BE THE BEST SHOT OF SEEING THE BACKSIDE OF MY HOUSE FROM A PUBLIC SPACE.
AND AS YOU CAN TELL, OR MAYBE YOU CAN'T TELL, BUT EITHER WAY, THERE'S ABSOLUTELY NO WAY THAT YOU CAN SEE MY ROOF FROM A PUBLIC SPACE, WHICH AGAIN, THE WHOLE POINT OF THIS CODE IS TO KEEP SOLAR AESTHETIC TO THE PUBLIC.
THE THIRD THING IS THAT THE SLOPE OF MY ROOF.
ALSO, I KNOW THERE'S A LOT OF HOMES IN DUBLIN WHERE THEY'RE MORE LIKE SEVEN OR EIGHT, 12 PITCHES WHERE YOU, YOU GET A LOT MORE LIKE VISUAL OF THE, THE ROOF SPACE.
I HAVE A MUCH, UH, MORE LIKE SHALLOW, UH, PITCH TO MY ROOF.
SO BECAUSE OF THOSE THREE THINGS, I BELIEVE THAT MY HOUSE IS SPECIFICALLY UNIQUE IN THAT A VARIANCE SHOULD BE GRANTED BECAUSE IT IS SIMPLY NOT VISIBLE TO, UH, TO THE, TO THE ROOF SPACE.
IF YOU WOULDN'T MIND, TEAM, IF YOU COULD GO BACK TO THE DESIGN THAT I PROPOSED, UM, OR LIKE, LIKE THE, THE ONE THAT GOT DENIED, IF YOU WILL, UH, BACK ONE, IT'S NOT THE RECTANGLE ON THE OTHER ONE.
COULD, COULD YOU GO TO THE DESIGN THAT WE DID WHERE IT'S NOT A RECTANGLE? YES.
SO, UM, YEAH, THIS, THIS ONE RIGHT HERE.
SO, SO I, I, AGAIN, I WANTED TO PRY A LITTLE BIT MORE CONTEXT BECAUSE I KNOW EVERYONE, YOU KNOW, MOST PEOPLE DON'T DO SOLAR EVERY DAY.
SO THE REASON THAT WE WOULD LIKE IN, IN, IN REALLY ALL HOMEOWNERS, BUT SPECIFICALLY FOR MY HOUSE, THE REASON THAT I WOULD LIKE TO HAVE THIS EXACT NUMBER OF PANELS ON THIS PART OF THE ROOF FACE IS BECAUSE THOSE ARE THE TWO ROOF FACES THAT GET THE MOST SUNLIGHT OF ALL OF THE ROOF FACES ON MY PROPERTY.
AND THE REST OF THE, THE ROOF FACE ON MY PROPERTY GET A DECENT AMOUNT OF SHADE AND ARE ALSO VISIBLE FROM THE STREET.
UM, SO THE REASON THAT WE HAVE THEM, AND YOU CAN KIND OF SEE THEY'RE, THEY'RE, THEY'RE GOING WITH THE LINES IN THE ROOF.
UM, THE REASON WE HAVE THAT IS BECAUSE THAT GETS US TO ABOUT A HUNDRED PERCENT OFFSET OF OUR, OF OUR ENERGY USAGE, UH, WHICH MAXIMIZES OUR SAVINGS AND MAXIMIZES OUR ENVIRONMENTAL IMPACT.
AND IT REALLY MAXIMIZES THE, THE PURPOSES OF GOING SOLAR.
UM, IF YOU COULD GO TO THE OTHER ONE, THE ONE WITH THE RECTANGLES ON IT, AND I DON'T KNOW IF THIS IS JUST ME.
I'VE, I'VE ASKED A COUPLE PEOPLE ABOUT THIS.
'CAUSE AGAIN, I'VE BEEN IN THE INDUSTRY FOR SEVEN YEARS NOW, BUT AS A, AS SOMEBODY IN THE INDUSTRY, IF I SAW, WHICH AGAIN, THIS IS NOT GONNA BE VISIBLE TO ANYBODY, BUT IF I SAW THIS ROOF WITH THE RECTANGLES, I WOULD ASSUME THAT THIS WAS LIKE A HOBBYIST D I Y PERSON WHO DID THE INSTALL, BECAUSE THERE IS SO MUCH MORE SPACE ON THE ROOF TO BE USED TO MAXIMIZE, UH, SOMEBODY'S ENERGY USAGE.
SO LIKE, LIKE FROM A PROFESSIONAL SOLAR INSTALLATION COMPANY THAT DOES THINGS THE RIGHT WAY, YOU RARELY EVER SEE ON THIS TYPE OF ROOF
[00:25:01]
THAT HAS SO MANY PEAKS AND VALLEYS, YOU USUALLY BUILD IT WITH THE ROOF AS OPPOSED TO JUST ARBITRARILY HAVING A, A RECTANGLE.UM, SO, UH, I, I WANTED TO ALSO SHOW, JUST AGAIN, TO PROVIDE A LITTLE BIT MORE CONTEXT WHY.
SO THERE'S A DIFFERENCE IN NINE PANELS BETWEEN WHAT WE WOULD LIKE AND BETWEEN WHAT WOULD BE, UH, YOU KNOW, ESSENTIALLY CODE COMPLIANT OR WHATEVER.
AND I WANTED TO PROVIDE A LITTLE BIT MORE CONTEXT OF LIKE, HOW DOES THAT IMPACT US AND WHY IT IS IMPORTANT FOR US, AND WHY WE PAID A HUNDRED DOLLARS FOR A VARIANCE FEE TO, UH, SPEND OUR, OUR, UH, YOU KNOW, WHAT IS IT THURSDAY NIGHT WITH YOU GUYS? NOT THAT I DON'T WANNA DO THAT, BUT, UM, TIM, W WOULD YOU MIND GOING BACK TO THE, UH, LIKE THE PART THAT SAYS LIKE THE, LIKE THE DATA WHERE IT SAYS LIKE HOW MUCH MORE WE'D BE SAVING WITH THE EXTRA NINE PANELS? OKAY, COOL.
I JUST, I'M SEE WHAT I'M LOOKING AT.
BUT, BUT LONG STORY SHORT, YOU CAN SEE THERE, THERE IS AN, AN ENORMOUS DIFFERENCE BETWEEN HOW MUCH MONEY WE WOULD BE SPENDING TO A E P AND VERSUS HOW MUCH MONEY WE WOULDN'T BE IF WE HAD THIS, THESE ADDITIONAL NINE PANELS.
THERE'S A MASSIVE IMPACT IN TERMS OF OUR ENVIRONMENTAL FOOTPRINT.
WE BOTH, WE HAVE TWO DAUGHTERS THAT ARE UNDER THE AGE OF THREE YEARS OLD.
SO THAT'S SOMETHING THAT'S VERY IMPORTANT TO US.
UM, AND SO IT DOES MAKE A HUGE IMPACT ON OUR OVERALL, LIKE THE OVERALL SUCCESS OF OUR SOLAR PROJECT.
UM, AND THEN, THEN ONE OTHER THING THAT I DID WANNA MENTION AS WELL IS THAT, AND, AND THIS IS SOMETHING THAT, AGAIN, YOU WOULDN'T REALLY THINK ABOUT THIS UNLESS YOU SPEND TIME IN THE INDUSTRY.
IF I HAVE TO DO THIS, IF I HAVE TO DO THIS 19 PANEL JOB, I FIRMLY, AND I THINK A LOT OF PEOPLE BELIEVE THAT THE CODE AS IT STANDS TODAY IS GOING TO BE MODIFIED IN THE FUTURE TO NOT REQUIRE THAT EVERY SINGLE ROOF SPACE HAS A RECTANGLE ON IT.
SO WHEN THAT DAY COMES, WHETHER IT'S CITY COUNCIL GETS TOGETHER TOMORROW, OR WHETHER IT'S IN A YEAR, I'M GOING TO ADD SOLAR PANELS TO THIS SYSTEM.
AND THE WAY THAT YOU INSTALL THE, THE PROPER WAY TO INSTALL SOLAR PANELS IS YOU PUT FOOTERS INTO THE ROOF.
SO YOU PUT LIKE, LIKE A, JUST LIKE, LIKE A BRACKET ESSENTIALLY INTO THE ROOF, AND THEN YOU ATTACH A RAIL TO IT AND YOU, AND, AND SO YOU, WHEN YOU MOUNT THE PANELS, SO IF YOU SEE HERE LIKE, LIKE YOU'D MOUNT LIKE ONE ROW ON, ONE ON, ON TWO SETS OF RAILS, ESSENTIALLY THE, THE REASON THAT YOU DO THAT IS SO IT'S VERY SYMMETRICAL.
SO IT LOOKS THE BEST FROM, AND IT LOOKS THE MOST UNIFORM AND SYMMETRICAL IF I HAVE TO ADD ON IN THE FUTURE.
YOU HAVE TO DO ESSENTIALLY DO LIKE A RAIL SYSTEM WHERE WHEN, WHEN YOU DO RAILS, THERE'S, THERE'S DIP IN EVERYONE'S ROOFS.
NO MATTER HOW PERFECT YOUR ROOF IS, THERE'S GONNA BE MINOR DIPS AND MINOR CREASES WHERE THE TRUSSES ARE AND THINGS LIKE THAT.
SO IF YOU DON'T USE RAILS, THAT'S WHEN YOU GET LIKE A PANEL THAT'S A CENTIMETER ABOVE THE PANEL NEXT TO IT, OR MAYBE IT'S LIKE SLIGHTLY OFF AND IT JUST DOESN'T LOOK AS UNIFORM OR PRETTY FROM THE GROUND.
WHICH I, I KNOW IS SOMETHING THAT, THAT DUBLIN IS TRYING TO AVOID, UH, THAT HAPPENING IF, IF POSSIBLE.
SO IF I HAVE TO ADD ON AND IF, IF, IF I HAVE TO ADD ONTO THE SYSTEM, IT'S NOT GOING TO LOOK AS GOOD AS IF I JUST DID IT FROM THE GET GO AS I WANT TO DO IT.
UM, I KNOW THAT WAS, UH, THAT WAS A LOT OF TALKING FOR ME, SO I WILL, UH, I GUESS PASS THE MIC OR WHATEVER WE DO NEXT.
UM, I HAVE SOME COMMENTS BUT I'LL USUALLY RESERVE MINE TILL THE END.
SO WE'LL, WE'LL START HERE WITH JOEL.
DO YOU WANNA GO AHEAD AND ASK SOME QUESTIONS? YEAH, THANKS FOR PROVIDING THE CONTEXT AND INVESTING THE TIME.
UM, SO YOU KNOW, TO THE RAIL SYSTEM THAT YOU'RE TALKING ABOUT AT THE END MIGHT BE NAIVE QUESTION, BUT YOU KNOW, COULD YOU, YOU KNOW, HAVE PART OF THE RAIL BE TALLER ON SO THAT YOU COULD GET ANOTHER ROW? TAMMY, CAN YOU PULL THE PICTURE BACK UP? THE LAST PICTURE THAT YOU HAD, IT HAD THE THREE DIFFERENT ROOF ANGLES.
UM, THE ONE THAT HAD THE PANELS ON IT, ONE HAS THE ARRAY.
THAT ONE I'M HAVING A LOT OF TROUBLES HEARING YOU OUT.
THE ONE WITH THE ORANGE ROOF ON THE LEFT.
SO IN THE BOTTOM LEFT CORNER, YOU KNOW, OBVIOUSLY THAT'S NOT HOW YOU WANT TO ASSEMBLE IT 'CAUSE YOU CAN'T GET AS MANY PANELS ON THE ROOF, BUT YOU KNOW, ON THIS ROOF, WOULD YOU BE ABLE TO HAVE A RAIL AT THE TOP OF THAT BOTTOM LEFT SECTION BE TALLER SO YOU COULD GET A WHOLE NOTHER STACK ABOVE IT? OR IS THAT NOT FEASIBLE? ALRIGHT, SO ARE YOU SAYING LIKE, UM, SO THERE'S LIKE A, A GROUP OF NINE THAT'S FACING, IT'D BE FACING WEST, ARE YOU SAYING ON THE OTHER SIDE OF THE ROOF OF THAT? NO, I'M SAYING SO ABOVE THAT
[00:30:01]
SET OF THREE, IF YOU ADDED ONE MORE ROW AT THE TOP, COULD, COULD YOU HAVE A RAIL THAT'S SLOPED SO THAT YOU COULD FIT THEM, FIT ANOTHER ROW THERE? OR IS THAT NOT FEASIBLE? ARE YOU SAYING IN THE, IN THE CENTER PART? SORRY, JOEL, I'M JUST HAVING A, DO YOU MEAN IN LIKE THE CENTER OF THE, THE BUILDING OR IF YOU START AT THE BOTTOM LEFT PANEL, GO UP ONE, THEN ONE MORE ABOVE THAT.COULD YOU ADD ANOTHER ROW OF THREE? OH, YOU OKAY.
IF YOU HAD, IF YOU, IF YOU HAD A SLOPING RAIL, IT MIGHT BE A NAIVE QUESTION, BUT NOT SURE.
I THINK HE'S SAYING WOULD YOU, HE COULD TILT THE PANEL.
I DON'T BELIEVE THAT THAT IS ALLOWED, UH, TO CODE AND, AND TO BE HONEST, WITH MY EXPERIENCE, I DEFINITELY WOULDN'T, FROM, FROM AN AESTHETIC STANDPOINT, I WOULDN'T RECOMMEND THAT BECAUSE IT, IT JUST KIND OF LOOKS A LITTLE BIT STRANGE ON THE ROOF.
UM, SO, SO YEAH, I MEAN YOU COULD LIKE YOU, YEAH, YOU COULD DO THAT, BUT IT, I DON'T BELIEVE THAT THAT WOULD BE TO CODE, I WOULD'VE TO DOUBLE CHECK, BUT IT WOULDN'T BE SOMETHING THAT WOULD, UH, THAT WOULD MAXIMIZE AESTHETICS, I WOULD SAY.
AND THEN MY ONLY OTHER QUESTION WAS ON THE, THE COLORS BEING SIMILAR, YOU KNOW, CAN YOU JUST TALK ABOUT THERE IS A LITTLE BIT OF SUBJECTIVITY AND HOW SIMILAR OF A COLOR.
UM, SO CAN YOU JUST SHARE YOUR THOUGHTS ON THAT? AND THEN SECOND, HAVE YOU THOUGHT ABOUT PAINTING A ROOF BLACK SO THAT IT WOULD, YOU WOULDN'T HAVE THIS ISSUE? UM, SO, SO THE FIRST ONE WAS, SORRY, CAN YOU SAY THE FIRST ONE AGAIN? JOEL, DO YOU THINK THE PANEL IS A SIMILAR COLOR TO YOUR ROOF? I, I THINK THAT IT IS DEFINITELY A SIMILAR COLOR TO, TO MY ROOF.
IT'S, I WOULD SAY IT'S LIKE A MEDIUM TO DARK GRAY COLOR.
AND UM, I MEAN I, I GUESS THAT THAT'S A, SOMETHING THAT I WOULD, I WOULD DISAGREE WITH THE, I I KNOW THAT'S MORE OF LIKE THE APPEAL ROUTE, BUT I DO THINK THAT MY COLOR IS, IS SIMILAR TO, TO BLACK.
I THINK THAT GRAY IS A LOT MORE SIMILAR TO BLACK THAN THE VAST MAJORITY OF OTHER COLORS.
UM, IF THAT'S WHAT YOU'RE ASKING.
AND SO, UM, 'CAUSE THAT'S OBVIOUSLY SUBJECTIVE.
SOME PEOPLE WILL THINK THAT THAT'S NOT SIMILAR, OTHERS WILL THINK IT'S SIMILAR FOR THOSE THAT WOULDN'T THINK IT'S SIMILAR.
HAVE YOU THOUGHT ABOUT PAINTING YOUR ROOF BLACK SO THAT IT, THAT THERE WOULD BE NO DISCREPANCY? YEAH, I DON'T EVEN, SO I DON'T, I'VE NEVER HEARD OF ANYONE PAINTING THEIR ROOF.
I LIKE, I DON'T EVEN EVEN SURE IF THAT'S LIKE REALLY AN OPTION.
WE COULD GET A NEW ROOF, BUT THAT'S GONNA BE LIKE 15 TO $20,000.
AND THE WHOLE, FOR MOST PEOPLE, THE PRIMARY REASON THEY GO SOLAR IS TO SAVE MONEY.
AND IF I GOTTA SPEND 15 TO $20,000 ON A NEW ROOF, WELL NOW I'M NOT SAVING ANY MONEY.
AND THEN, UM, SO YEAH, I, I, I WOULD, THAT WOULD BE LIKE, I DON'T EVEN KNOW IF WE WOULD DO THE PROJECT IF WE HAD TO FORK UP 15 TO $20,000 TO, TO GET A NEW ROOF JUST TO MATCH.
AND, AND THE THING AGAIN, FOR WITH THE SPECIFIC VARIANCE TO MY SITUATION IS THAT NO ONE'S GONNA, THE ONLY PEOPLE THAT ARE GONNA SEE THE ROOF IS MY DAUGHTERS WHEN THEY'RE KICKING THEIR SOCCER BALL IN THE BACKYARD, YOU KNOW? SO IT'S, IT'S, IT, THE, THE BENEFIT WOULD BE TO ME AND MY WIFE AND MY TWO DAUGHTERS WHO WOULD, UH, YOU KNOW, DON'T CARE FOR, UH, LACK OF A BETTER WORD.
YOU, YOU MIGHT JUST CON YOU KNOW, DEPENDING WHERE THIS GOES OR YOU KNOW, IF YOU KEEP THE APPLICATION OR WITHDRAW IT, DEPENDING WHAT YOU DO, YOU MIGHT THINK ABOUT, I DON'T KNOW WHAT THE COST IS TO PAINT A ROOF THAT, SO I, I KNOW YOU CAN PAINT A ROOF.
IT DEPENDS ON THE TYPE OF ROOF.
IT'S JUST SOMETHING TO CONSIDER.
BUT I, I HAD NO OTHER QUESTIONS.
UH, DAN, DO YOU HAVE ANYTHING? NO, I DON'T RIGHT NOW, PATRICK.
THE FIRST THING I JUST WANT SOME CLARIFICATION TO MAKE SURE YOU UNDERSTAND, WE DEALT WITH THE SOLAR APPLICATION BEFORE THE CODE WAS IN PLACE.
YOU UNDERSTAND, WE'RE NOT THE ONES THAT ENACTED THE CODE.
WE HAVE NO ABILITY TO CHANGE IT, RIGHT? YEAH, ABS, ABSOLUTELY.
I I JUST WANTED TO PROVIDE A LITTLE CONTEXT IN MY BACKGROUND.
I KNOW THAT IT'S PRIMARILY FOCUSED ON WHAT CHANGES THERE SHOULD BE THE CODE.
AND I JUST WANNA MAKE SURE WE HAD SOME CONFUSION ON APPLICANTS BEFORE THAT THEY THOUGHT WE WERE THE RIGHT BODY THAT MADE THAT DECISION THAT NONE OF US ARE ON CITY COUNCIL, NOR DO WE HAVE ANY SAY IN THAT.
RIGHT? YOU YOU GOT THAT RIGHT.
YEAH, NO, I JUST WANNA MAKE SURE THAT FIRST, BECAUSE LAST TIME PEOPLE WERE, WERE I THINK NOT CLEAR ON THAT TO START WITH.
CAN YOU GO BACK TO THE FIRST SET OF CRITERIA PLEASE, TAMMY? OKAY.
SO ARE YOU ABLE TO SEE THE YEAH.
UH, SO, SO BASICALLY THE WAY I LOOK AT OUR JOB IS WE HAVE TO MEET THESE CRITERIA.
WHAT I HAVEN'T HEARD IN YOUR PRESENTATION IS HOW YOU'VE MET ONE IN THREE.
AND WE HAVE TO, ALL OF US HAVE TO, WELL THREE OF US AT LEAST HAVE TO FIND THAT YOU'VE MET THEM.
DO YOU MIND ADDRESSING AT LEAST ONE IN THREE AND HOW YOU BELIEVE YOU'VE MET THEM
[00:35:01]
JUST WITH SOME SPEC SPECIFICITY, PLEASE.SO, UM, I WOULD SAY IN TERMS OF THE, LIKE LOT CONFIGURATION, A AGAIN, I'M JUST GOING BACK TO LIKE THE CORE PURPOSE OF THE CODE IS OBVIOUSLY AESTHETICS, RIGHT? IT'S, THAT'S THE WHOLE, WHOLE PURPOSE OF IT.
IT'S, IT HAS NOTHING TO DO WITH LIKE ENGINEERING OR ANYTHING LIKE THAT.
SO WITH IT BEING ALL ABOUT AESTHETICS, MY, I DO BELIEVE THAT OUR HOUSE IS A SPECIAL CONDITION BECAUSE THERE IS ABSOLUTELY ZERO NO CHANCE THAT ANYBODY COULD SEE IT.
EVEN MY NEIGHBORS IN THEIR BACKYARD WOULD NOT BE ABLE TO SEE THE SOLAR PANELS BECAUSE OUR HOUSE IS SHAPED LIKE A U AND BUT YOU, SO YOU BELIEVE THERE'S NO OTHER HOUSE IN, IN DUBLIN THAT YOU COULDN'T SEE THE, THE BACK OF THEIR HOUSE.
I'M, THAT'S WHAT, THAT'S WHAT'S SPECIAL WOULD'VE TO BE, IT'S UNIQUE TO YOUR PROPERTY.
THE OTHER, SOMEBODY ELSE WOULDN'T HAVE THAT.
SO, SO I'M SAYING THAT UNIQUELY THE SHAPE OF OUR HOUSE, LIKE BEING IN A, IN A U WHERE LIKE THE SOLAR PANELS WOULD NOT BE VISIBLE TO, TO ANYBODY.
THAT'S, THAT'S MORE OF WHAT I WAS GOING AT THAN JUST GENERALLY NOT SEEING THEM.
BUT LEMME MAKE SURE I UNDERSTAND THIS.
I THOUGHT YOU SAID THAT THEY WEREN'T VISIBLE BECAUSE OF THE TREE LINE, BECAUSE OF THIS, HOW YOUR HOUSE WAS SITUATED.
IT'S NOT BECAUSE OF HOW YOUR HOUSE IS LAID OUT, RIGHT? SORRY, IT'S BOTH.
AND WHAT ABOUT THE, WHAT ABOUT NUMBER THREE AND THEN NUMBER THREE? UH, SO THIS IS JUST IN REGARDS TO, UM, LIKE, WAIT, THIS IS, THIS IS ESSENTIALLY, SORRY, LEMME LEMME JUST READ THIS AGAIN.
IT'S JUST THE, THE INTENT AND PURPOSE OF THE CODE OF WHY THEY'RE RECTANGULAR AND WHY THEY'RE TO MATCH THE COLOR IS HOW THIS WOULDN'T, HOW HAVING A COLOR THAT DOESN'T MATCH AND HAVING A A NON RECTANGULAR PATTERN WOULDN'T IMPAIR THE EXACT REASON THEY MADE A CODE THAT SAID YOU HAD TO DO THOSE TWO THINGS.
YEAH, I, SO THE INTENT AND PURPOSE OF THE REQUIREMENT IS, I, I, IF I'M ANSWERING THIS CORRECTLY, THE INTENT AND PURPOSE OF THE REQUIREMENT IS SO THAT TO THE PO TO ANYBODY IN THE PUBLIC, WHEN THEY SEE SOLAR PANELS, IT LOOKS AESTHETIC, RIGHT? THEY, THEY, THE CITY COUNCIL OBVIOUSLY THOUGHT THAT A RECTANGLE ON A BLACK ROOF WAS THE BEST LOOKING THING.
THE, I GUESS HOW MINE MEETS THAT INTENT IS THAT NO ONE IS GOING TO SEE MY HOUSE AND THINK THOSE, THERE'S SOLAR PANELS THAT AREN'T IN A RECTANGLE SHAPE.
'CAUSE THEY WON'T BE ABLE TO SEE THEM.
DOES DOES, IS THAT A PROPER ANSWER? I I DON'T KNOW IF THAT NO, IF THAT'S YOUR ANSWER, THAT'S, THERE'S, THERE'S NOT AN IMPROPER WAY.
I JUST WANTED YOUR OPINION ON IT.
I, I JUST DIDN'T KNOW IF I, IF I, UH, ANSWERED YOUR QUESTION.
YOU KNOW, I'M LOOKING AT THE CODE SECTION AND AS JOE SAID, IT'S OUR OBLIGATION TO COM, YOU KNOW, COM TAKE WHAT YOUR VARIANCE REQUESTS AND SEE IF IT CAN, AND WE SEE IF WE CAN MAKE IT WORK FOR YOU IN THE CODE.
WITH REGARD TO THE ROOF MOUNTED EQUIPMENT, I'M NOT SEEING, AND I COULD BE WRONG, I'M NOT SEEING ANYTHING THAT SAYS THERE'S AN OBLIGATION TO MINIMIZE THE VIEW FROM ANY OTHER HOME OR THE PUBLIC.
IT'S ACTUALLY LISTED IN THE GROUND MOUNTED EQUIPMENT.
BUT IN THE BUILDING A ROOF MOUNTED SECTION, I'M NOT SEEING IT.
I, I DON'T KNOW, TAMMY, I I'M NOT SEEING THAT IN THERE.
SO THERE'S, THERE'S TWO SPECIFIC VARIANCES THAT YOU'RE REQUESTING, RIGHT? THE COLOR AND THE LOCA, ESSENTIALLY THE LOCATION.
UH, 'CAUSE YOU WANT TO, YOU KNOW, UTILIZE THE, THE MOST PORTION OF THAT ROOF AND YOUR BELIEF THAT WOULD BE LESS OF A CUMBERSOME VIEW FROM THE NEIGHBORS OR WALKING ON THE STREETS.
I THINK EVERYTHING YOU'RE SAYING COMPLETELY MAKES SENSE.
UNFORTUNATELY IT'S COMPLETELY OUTSIDE OF THE CODE.
AND IF YOU WANT TO BE ABLE TO DO WHAT YOU WANT TO DO, UH, NOW WITHOUT WAITING, I GUESS FOR A, AN AMENDMENT, 'CAUSE YOU COULD, YOU KNOW, YOU CAN WORK TO AMEND THE, THE CODE.
I THINK THAT WOULD PROBABLY TAKE, UH, 12 TO 18 MONTHS MINIMUM.
I THINK THAT'S WHAT IT TOOK BEFORE THEN.
THAT WOULD BE, THAT WOULD BE FINE.
UM, I HEAR YOUR ARGUMENTS RELATIVE TO THE, THE FACT THAT THE MOST OF THE PANELS ARE BLACK AND HOW MANY ROOFS ARE BLACK OR DARK GRAY IN THE CITY? PROBABLY NOT MANY.
UH, BUT AGAIN, THAT, THAT'S RELATED TO THE CODE AND NOT REALLY BEFORE US TODAY.
SO UNFORTUNATELY YOU'VE BEEN UNABLE TO ARTICULATE ANY, UH, YOU KNOW, MEETING THE CRITERIA IS ONE IN THREE FOR EITHER VARIANCE.
AND ME, I'M INCLINED, UH, YOU KNOW, TO AGREE WITH THE CITY AND, UH, RECOMMEND AGAINST THE VARIANCES HERE.
I'M NOT SURE WHERE, WHERE ANYBODY ELSE SITS, BUT THAT'S WHAT, I'M JUST GONNA STATE THAT NOW.
DO YOU HAVE ANY RESPONSE TO WHAT I SAID? IT'LL HELP US CLARIFY OUR DELIBERATION.
SO IS IT SAFE TO SAY THAT YOU GUYS DO NOT LIKE THE, ESSENTIALLY THE, THE FACT THAT MY HOUSE IS IN THE SHAPE OF A U IS NOT OF ANY UNIQUENESS TO YOU GUYS? WELL, SO WHAT YOU'RE ASKING US IS TO GIVE YOU A VARIANCE BY, AND I'LL JUST CALL IT YOU WANT US TO MAKE A VARIANCE AND SET PRECEDENT
[00:40:01]
FOR SOMEBODY THAT HAS A UNIQUE ROOF DESIGN.DO YOU KNOW HOW MANY UNIQUE ROOFS DESIGNED THERE ARE IN THE CITY OF DUBLIN? THOUSANDS.
SO ON THAT PRESS, YOU KNOW THAT ALONE, WE CAN'T, WE CAN'T DO THAT.
OTHERWISE, ANY PERSON THAT'S GONNA COME IN HERE, THEY'RE GONNA SAY THIS CASE GOT GRANTED A VARIANCE BECAUSE OF THE WAY THEIR ROOF LOOKED.
SO MY ROOF ALSO LOOKS WEIRD AND I COULD PROBABLY POINT TO MAYBE ONE OR TWO OTHER ONES, BUT IT'S OBSCURE, IT'S DIFFERENT, IT'S UNIQUE.
AND THEN THEY WOULD WANT THAT SPECIAL CONDITION.
WELL, I MEAN, WOULD I BE ABLE TO ADD TO THAT THE UNIQUENESS OF THE ROOF BY SAYING THAT IT IS IMPOSSIBLE TO SEE IT FROM THE SIDE YARDS BECAUSE I FEEL LIKE MOST THAT DOESN'T MATTER.
YOU COULD ACTUALLY KEEP WHAT YOU HAVE.
'CAUSE I'M, I'M LOOKING AT ALL THIS.
I'M LOOKING AT WHAT YOU'RE SENDING AND TO, TO BE COMPLIANT WITH THE CODE, YOU COULD GET YOUR OTHER PANELS AND YOU CAN PUT 'EM ON ANOTHER PORTION OF ANOTHER ROOF, UH, AREA BECAUSE THEN THAT WOULD MEET THE OTHER REQUIREMENTS IN THE CODE BECAUSE YOU COULD DEMONSTRATE TO US THAT TO MAXIMIZE YOUR ENERGY EFFICIENCY, YOU WOULD HAVE TO PUT IT ON A FRONT FRONT PAC, UH, STREET FACING, FRONT FACING, NORTH FACING.
YOU COULD PUT IT ON THIS PURE WEST SIDE, ANOTHER RECTANGULAR PANEL THAT WOULD ALL BE COMPLIANT WITHIN THE CODE AS IT'S BEFORE US TODAY.
NOW IT MAY NOT AESTHETICALLY LOOK THE BEST, BUT WITH REGARD TO ROOF-MOUNTED PANELING, THERE'S NOT NECESSARILY A SPECIFIC, UM, REQUIREMENT THAT IT CAN'T BE VIEWED FROM ANOTHER HOME OR FROM THE STREET.
YEAH, IF YOU'RE MORE THAN HAPPY TO COME UP, YOU CAN COME RIGHT UP TO THE PODIUM.
YEAH, I HAD THOUGHT ON THAT TOO.
THIS QUESTION IS ACTUALLY FOR YOU JAKE.
UM, SO HOLD ON A SECOND REAL, REAL QUICK.
CAN YOU, UH, STATE YOUR NA NAME AND ADDRESS PLEASE? SORRY.
UM, SO YOU JUST REQUESTED MAYBE THAT WE COULD ADD PANELS TO WHICH PORTION OF OUR ROOF.
COULD YOU JUST REITERATE THAT ALL I'M SAYING IS THAT YOU HAVE OPTIONS NOW AND THESE ARE THINGS THAT YOU WOULD NEGOTIATE WITH THE CITY.
IT WOULDN'T NECESSARILY EVEN BE WITH THE BOARD BECAUSE IS WHAT HAS HAPPENED HERE IS YOUR APPLICATION FOR WHAT YOU WANT IS NOT WITHIN LINE WITHIN THE CODE.
SO IT'S NOT WITHIN LINE WITHIN THE CODE, THEN YOU HAVE TO COME TO US FOR A VARIANCE.
SO, BUT YOU COULD WORK WITH THE DEPARTMENT OF DEVELOPMENT, BILLING DEPARTMENT, IF I'M NOT WRONG HERE, TAMMY.
AND THEN YOU COULD WORK TO MEET THE CODE SECTIONS WITH WHAT YOU WANT.
SO YOU CAN GET YOUR, IN MY OPINION, MOST LIKELY YOU PROBABLY COULD GET YOUR OTHER NINE PANELS.
IT WOULD JUST HAVE TO BE ON A DIFFERENT, UM, L ROOF ELEVATION.
SO A BIG PART OF PLACEMENT OF SOLAR PANELS IS, IS OBVIOUSLY PUTTING THEM ON PARTS OF THE ROOF THAT GET THE MOST SUNLIGHT.
SO IF I PUT THOSE NINE PANELS ANYWHERE ELSE ON ANY OF THE OTHER ROOF BASES I HAVE, THEY WOULD NOT PRODUCE AS MUCH ENERGY AS THEY WOULD IN THOSE TWO SPECIFIC LOCATIONS.
SO THAT'S WHY WE, WE WANT THEM TO BE THERE.
IF YOU INSTALL OUR HOUSE, WE'VE GOT HUGE PINE TREES AND THAT, THAT THE MAP DOESN'T REALLY DO A GREAT JOB OF, OF SHOWING YOU.
BUT LIKE THERE ARE MASSIVE PINE TREES THAT SHADE THE EVENING.
UH, THE EVENING LIGHT, WHICH ESSENTIALLY COVERS BOTH WEST SIDES OF OUR ROOF ARE ESSENTIALLY ENTIRELY SHADED FROM 3:00 PM ON, UH, IF NOT EARLIER.
AND THEN THE OTHER SIDE, LIKE THE FAR EAST SIDE, IS COMPLETELY SHADED BY A TREE BETWEEN MY HOUSE AND THE NEIGHBOR'S HOUSE, A BIG OAK.
AND THEN THE FRONT OF OUR HOUSE IS NORTH SO THAT YOU JUST DON'T GET ENOUGH SUNLIGHT.
AND LIKE, LONG STORY SHORT THAT THERE'S, THERE'S NO OTHER TRULY ELIGIBLE ROOF SPACE THAT WOULD PROVIDE ANY EFFICIENCY FOR SOLAR.
I COMPLETELY, I COMPLETELY UNDERSTAND WHAT YOU'RE SAYING.
UNFORTUNATELY THOUGH, BASED ON THE CODE THAT'S IN BEFORE US, THAT'S NOT PART OF THE CRITERIA FOR OUR EVALUATION.
IT'S REALLY ONLY RELATED TO THE COLOR HERE, IF THAT'S WHAT WE'RE HERE BEFORE.
AND THE, UM, PLACEMENT, THE, THE PLACEMENT OF OF THE RECTANGLES.
UM, JOEL, DO YOU WANNA HAVE, DO YOU HAVE ANOTHER QUESTION? OKAY.
DOES THAT MAKE SENSE WHAT I'M SAYING? I KNOW IT'S A LITTLE OBSCURE.
SO, SO HERE, HERE'S THE THING.
I GUESS IT'S LIKE THIS, YOU'RE GONNA GET, IF YOU WANT, YOU'RE GONNA GET YOUR 19 PANELS IN AN IDEAL SPOT.
YOU MAY GET SIX OR NINE OTHER PANELS, NOT IN THE BEST SPOT, BUT IT'S GONNA GIVE YOU SOMETHING NOT MUCH.
IT'D BE KIND OF LIKE IF SOMEBODY SAID, HEY, YOU CAN GO OUT TO DINNER, BUT AS SOON AS YOU GET TWO THIRDS DONE WITH YOUR DINNER, I'M GONNA TAKE THE REST OF YOUR PLATE IS KIND OF WHAT IT'S LIKE.
IT'S, IT COULD BE A GOOD ANALOGY.
I'M JUST TELLING YOU THAT WE HAVE TO INTERPRET THE CODE AS IT IS AND WE CAN'T SET PRECEDENT THAT WOULD HAVE, 'CAUSE EVERY PERSON IS GONNA COME IN WITH SOME BELIEVED SPECIAL CONDITION THAT IS GONNA RELATE TO SOMETHING OR OTHER, BUT THAT'S NOT REALLY WHAT THE INTENT OF THE CODE IS.
AND I DON'T THINK I'M STATING THAT WRONG.
THAD, AM I STATING ANYTHING INCORRECTLY? NO, YOU'RE CORRECT.
I MEAN, THE, THE JOB OF THIS BOARD IS TO TAKE THE CODES IS WRITTEN AND APPLY, UM,
[00:45:01]
THE CRITERIA THAT ARE SET FORTH FOR VARIANCE CONSIDERATION.AND SO THE BURDEN TO MEET THOSE CRITERIA ON THE APPLICANT, UM, TO PUT FORWARD INFORMATION AND EVIDENCE TO SHOW THAT THOSE CIRCUMSTANCES HAVE BEEN THOSE CRITERIA HAVE BEEN MET.
YEAH, UH, JUST MAYBE TO UNDERSCORE SOME OF WHAT'S BEEN DISCUSSED TO THIS POINT.
UH, THE, THE PURPOSE HERE ISN'T NECESSARILY FOR EXPLICITLY AND SPECIFICALLY TO, UH, PROMOTE, UM, THE, THE ENVIRONMENTAL, UM, UH, CONCERNS AND THE, UH, THE ENERGY EFFICIENCIES THAT WERE, THAT WOULD BE GRANTED BY, UH, INSTALLING SOLAR PANELS.
IT'S, IT'S SORT OF A BALANCE BETWEEN THAT AND, UH, THESE, THE STANDARDS THAT ARE, ARE SET BY THE, UM, UH, BY THE CITY IN TERMS OF, UH, YOU KNOW, JUST THE AESTHETICS AND, AND, UH, THE, THE MAKEUP OF, OF THE, UH, THE PANELS THEMSELVES.
SO NOT ONLY WOULD WE BE LOOKING TO, UH, YOU KNOW, TAKING A VERY SYMPATHETIC LIGHT TO YOUR CIRCUMSTANCES, UH, WE WOULDN'T JUST BE LOOKING TO LOWER YOUR ENERGY COSTS AND LOWER YOUR CARBON FOOTPRINT AND, AND, AND ALL OF THAT.
WE WOULD, WE WOULD ALSO WANNA DO THAT IN A MANNER THAT IS, UH, WITHIN KEEPING UP WITH THE, UH, THE STANDARDS THAT ARE SET, UH, BY, YOU KNOW, THE, THE CITY OF DUBLIN AND, AND, UH, MAINTAIN THOSE WITHIN THE CITY AS WELL.
SO, UM, I, I'M SYMPATHETIC TO YOUR, YOUR CONCERNS ABOUT THE PLACEMENT OF THE, OF THE PANELS AND HOW THAT WOULD, UH, MAYBE LESSEN THE EFFICIENCY OF, OF THE PANELS THEMSELVES AND THE ENERGY GENERATION THAT THEY, THEY CAN PROVIDE.
UH, BUT IF YOU CAN DO AS CLOSE TO THAT AS YOU CAN WHILE ALSO MAINTAINING THESE, THESE STANDARDS, THEN THAT MIGHT BE, UH, THE OPTION, UM, THE OPTION FOR YOU, UH, GOING FORWARD.
UM, AGAIN, YEAH, AS, AS I THINK WE'VE, WE'VE KIND OF THOROUGHLY ESTABLISHED, UH, WE, WE AREN'T THE LEGISLATIVE BODY FOR THE CITY.
WE DON'T, WE CAN'T MAKE THOSE DECISIONS.
WE'RE BASICALLY JUST SORT OF INTERPRETING THAT AND SEEING IF A, A VARIANCE, UH, SHOULD BE GRANTED UNDER THE CIRCUMSTANCES.
SO, UH, I MEAN, I WOULD SAY YOU CAN KEEP THAT OPTION OPEN TO, UM, YOU KNOW, SPEAK WITH, UH, CITY COUNCIL, UH, REGARDING MODIFYING THE, THE LANGUAGE OF THE CODE, UH, TO MAYBE BE A LITTLE MORE, UH, OPEN TO THESE, THESE, UH, UH, DIFFERENT STRUCTURES AND, UH, HOW, HOW THOSE WOULD, UH, UH, MAY MAYBE, UH, TILT THE BALANCE A LITTLE BIT TOWARD THE ENERGY EFFICIENCY LESS THAN THE, UM, YOU KNOW, THE, THE AESTHETICS THAT, UH, THE CITY HAS BEEN IS, IS SHOOTING FOR TAMMY.
I, CAN I ASK TAMMY A QUESTION? UM, SO TAMMY, IF WE VOTE NO ON THE VARIANCES AND THEY DECIDE LATER TO GO WITH THE FEWER SOLAR PANEL ROUTE AND THEN ADD PANELS TO THE OTHER PARTS OF THE ROOF, UM, AS MR. DESLER WAS DISCUSSING, WOULD THEY BE ALLOWED TO STILL PUT PANELS ON THIS SECTION OF THE ROOF IN A CONFIGURATION WITHIN THE CODE? OR WOULD THEY NOT BE ALLOWED TO PUT PANELS THERE BECAUSE WE VOTED NO ON THIS VARIANCE.
I MEAN, ONE OF THE, THE BIGGEST HINDRANCE TO THIS APPLICATION IS THE COLOR.
UM, SO THE SHAPE I THINK WE COULD PROBABLY, UM, MODIFY TO GET THEM WHAT THEY WANTED, BUT I'M, I'M JUST NOT SURE WE CAN GET AROUND THE COLOR.
SO, SO ON THE SHAPE, IF WE VOTE NO ON THE VARIANCE TO, TO, YOU KNOW YEAH.
TO LET THEM HAVE IT NOT BE IN A RECTANGULAR CONFIGURATION MM-HMM.
'CAUSE THEY WOULDN'T NEED A VARIANCE.
SO MY, MY NEXT QUESTION IS ABOUT THE COLOR.
AND I FEEL LIKE THIS IS AN IMPORTANT PRECEDENT WE'RE GONNA SET ON THE COLOR.
AND I COULD REALLY SEE THE ARGUMENT EITHER WAY.
AND, AND SOMETHING I'M STUCK ON IS IN, IN THE PLANNING REPORT.
SO THE COMMENT MADE HERE, YOU KNOW, BY, YOU KNOW, BY THE PLANNING TEAM, THE, THE ROOF COLOR IS LIGHT GRAY, WHICH IS SIMILAR TO MANY ROOFS AND SHAPE AND PATTERN IS NOT UNIQUE OR COMPLICATED.
I GUESS I'M STRUGGLING WITH WHY, YOU KNOW, SHOULD GRAY AND BLACK BE CLOSE ENOUGH IF GRAY, IF THE CITY IS ACKNOWLEDGING GRAY IS SO COMMON ACROSS THE CITY, LIKE UNLESS THE INTENT OF THE CODE WAS TO NOT HAVE ANY SOLAR PANELS, IT FEELS LIKE A CONTRADICTION.
[00:50:01]
FROM MORE CONTEXT ON THAT AND, AND HOW, YOU KNOW, COMMON GRAY ROOFS ARE IN THE COMMUNITY.AND IF YOU'LL GIVE ME SOME LATITUDE.
SO I WAS GONNA INTERJECT EARLIER.
A SIMILAR IN COLOR DOESN'T MEAN THE ROOF HAS TO BE BLACK.
WE HAVE APPROVED, THE CITY HAS APPROVED APPLICATIONS WHERE THEY WERE DARK ROOFS, UM, MOSTLY DARK GRAY.
AND OUR INTERPRETATION, LIGHT GRAY IS NOT SIMILAR TO BLACK AND THAT IT PROVIDES A NOTICEABLE APPEARANCE.
UM, WE, THAT'S ONE OF THE THINGS THAT WE'VE TALKED ABOUT WITH NOT ONLY THE APPLICANT THAT'S BEFORE US TONIGHT, BUT OTHER APPLICANTS.
IF THE INTERPRETATION IS THAT WE'RE INCORRECTLY INTERPRETING THAT GRAY IS NOT SIMILAR IN COLOR, THEN THE CORRECT MEASURE FOR THAT APPLICATION WOULD BE AN APPEAL PROCESS, NOT NECESSARILY A VARIANCE.
UM, THE VARIANCE, IF WE WERE TO SAY A GRAY ROOF WAS UNUSUAL IN THE CITY OF DUBLIN.
I CAN, I CAN LITERALLY SHOW YOU THE ORTHO FOR THIS RESIDENTIAL COMMUNITY.
AND THERE'S, MOST OF THE ROOFS SURROUNDED ARE SIMILAR IN COLOR, AND THAT'S ONE COMMUNITY WITHIN THE CITY OF DUBLIN.
SO IN OUR INTERPRETATION, IT'S NOT UNIQUE.
UM, BUT IT MAY WARRANT SOME CONVERSATIONS ABOUT, UM, WHETHER OUR DECISION'S CORRECT OR IN THEIR OPINION IS CORRECT.
SO I, I UNDERSTAND FROM THE APPLICANT, YOU KNOW, YOUR, YOUR TAKE IS THAT THE ONLY COLOR FOR SOLAR PANELS IS BLACK.
I, THAT'S THE ONLY SOURCE I HAVE.
SO I'M CURIOUS, LIKE, WHAT IS YOUR OPINION ON, ARE THERE OTHER COLOR SOLAR PANELS THAT COULD BE CLOSER TO THEIR ROOF COLOR? I THINK MORE IMPORTANTLY, THERE'S OTHER ROOF COLORS THAT CAN MATCH THE BLACK PANELS.
AND AGAIN, WE'VE APPROVED OTHER APPLICATIONS.
UM, WE HAVE TALKED TO OTHER SOLAR COMPANIES ABOUT WHAT, WHAT OTHER COLOR OPTIONS THERE ARE FOR PANELS.
AND THIS IS MY EDIFICATION, SO IF THIS IS INCORRECT, PLEASE, PLEASE CHIME IN.
UM, I'VE TALKED TO A COUPLE COMPANIES WHERE THEY ALLOW GRAY-ISH PANELS, UM, AND WE'VE TALKED THROUGH WHAT THAT MEANS AS FAR AS EN ENERGY EFFICIENCY AND WHY THEY DO OR DON'T, UH, PROVIDE THAT AS AN OPTION.
BUT THERE ARE GRAY PANELS THAT SOME COMPANIES OFFER.
UM, BUT AGAIN, WE'RE BASING OUR JUDGMENT ON THE FACT THAT A LIGHT GRAY ROOF IS NOT SIMILAR IN COLOR AS BLACK PANELS.
I'D LIKE TO ADD SOME CONTEXT TO THE, THE GRAY PART.
SO THERE, THERE'S THE SOLAR PANELS MADE UP OF SQUARE CELLS IN THE PANEL.
IF YOU'RE GETTING LIKE A RESIDENTIAL HIGH EFFICIENCY SYSTEM, THE CELLS ARE GONNA BE BLACK.
SO YOU CAN GET A GRAY FRAME SYSTEM, WHICH IS JUST ALL THE, THE FRAME OF THE SYSTEM IS GRAY.
AND TO BE HONEST, I KNOW AESTHETICS ARE IMPORTANT.
THAT'S, THAT'S WHY THIS CODE WAS MADE.
THE ALL YOU'RE GONNA DO IS SEE A BUNCH OF BLACK SQUARES ON A GRAY, ON A SHINY GRAY, UH, BACKGROUND.
IT'S ABSOLUTELY, IT'S UNANIMOUSLY LIKE IN THE SOLAR INDUSTRY, THAT'S, THAT'S FOR COMMERCIAL USE WHEN YOU CANNOT SEE THE SOLAR PANELS, LIKE WHEN NO, WHEN THEY'RE JUST ON A ROOFTOP, THAT'S A FLAT ROOF THAT NO ONE CAN SEE.
SO LIKE GRAY, GRAY, GRAY FRAMED SOLAR IN 2023 SHOULD BE, IS NOT SOMETHING THAT ANYONE SHOULD BE PUTTING ON THEIR RESIDENTIAL ROOF.
SO I JUST HAVE TWO CLARIFYING QUESTIONS FOR YOU THEN.
SO, 'CAUSE YOU COULD MAKE A CASE EITHER WAY ON, IF THE FRAME WAS GRAY AND THE TILES WEREN'T, OR THE TILES PART OF THE PANEL AND THEN IT'S GRAY AND YOU KNOW, YOU WERE MAKING THE CASE EARLIER, NOBODY CAN SEE THE PANELS.
UH, AND THAT SHOULD BE A CONSIDERATION WE SHOULD HAVE.
SO I'M NOT FOLLOWING THE ARGUMENT LIKE AGAINST HAVING THE FRAME BE GRAY BECAUSE PEOPLE COULD SEE IT.
SO DO YOU THINK PEOPLE COULD SEE THE PANELS OR NO? NO, DEFINITELY NOT.
BUT SO, SO, UH, A LITTLE BIT MORE, UH, A COUPLE LAYERS DEEP.
SO GRAY FRAME PANELS ARE ESSENTIALLY NOT MADE.
THEY WERE MADE LIKE 10 YEARS AGO.
LIKE IF YOU SEE SOME LIKE OLD UGLY SOLAR PICTURES, USUALLY IT'S LIKE A GRAY FRAME SYSTEM.
AND THEY STOPPED THE, FOR LIKE THE VAST MAJORITY OF MANUFACTURERS, IF NOT ALL OF THEM.
I DON'T EVEN KNOW IF THEY MAKE THEM FOR RESIDENTIAL USE ANYMORE.
SO THE ONLY ONES THAT HAVE GRAY FRAMES ARE LIKE SOLAR PANELS THAT ARE LIKE 150% IF NOT LARGER, UH, THAN THE RESIDENTIAL PANELS.
SO THEY'RE, THEY'RE, THEY'RE, UH, THEY ARE, UH, LOWER EFFICIENT.
THEY'RE MADE FOR COMMERCIAL OR UTILITY SCALE SOLAR, NOT FOR, UH, NOT FOR RESIDENTIAL SOLAR.
SO THEY, THEY'RE LIKE, I MEAN, I COULD LOOK INTO IT IF YOU GUYS WOULD APPROVE GRAY FRAME SOLAR PANELS, I COULD CERTAINLY LOOK INTO IT, BUT MOST LIKELY IT'S GONNA END UP WITH ME HAVING A LESSER QUALITY PANEL ON A ROOF, WHICH WILL COME WITH MORE ISSUES DOWN THE ROAD, WHICH I'LL END UP HAVING TO GET REPLACED.
MY SECOND QUESTION WAS, ARE YOU STILL GOING? SORRY,
[00:55:01]
I WAS JUST GOING TO INTERJECT SOMETHING TO THE DISCUSSION ABOUT FRAMING IS IF, UH, THE PANELS WERE FRAMED IN GRAY WITH BLACK PHOTOVOLTAIC CELLS AND, AND THE GRID PATTERN THAT THE APPLICANT DISCUSSED, THAT WOULD THEN RUN AFOUL OF ANOTHER SECTION OF THIS CODE.I APPRECIATE YOU INTERJECTING WITH THAT.
MY SECOND QUESTION WAS FOR TAMMY, BACK TO THIS, LIKE, I'M, I'M STILL HUNG UP ON THAT THE CITY IS USING THE LANGUAGE THAT LIGHT GRAY IS SIMILAR TO MANY ROOFS IN THE COMMUNITY YET, UH, YOU KNOW, THE CITY'S SUPPORTIVE OF SOLAR PANELS WITHIN THE CODE.
AND SO WE GET BACK TO THE WORD SIMILAR, YOU KNOW, CAN YOU TALK MORE, IT'S ABOUT THESE OTHER ROOFS, LIKE I'M STRUGGLING WITH, HOW DO WE HAVE SOME KIND OF DEFINITION AROUND LIKE HOW DARK IS DARK ENOUGH FOR THE GRAY, YOU KNOW, IS THERE ANY, NO PUN INTENDED, BLACK AND WHITE WAY TO, TO DO THAT SO THAT WE DON'T HAVE TO MAKE JUDGMENT CALLS IN THE FUTURE ABOUT HOW SIMILAR A ROOF COLOR IS? SO PERHAPS THIS MIGHT HELP A BIT.
SO WHEN WE, WHEN PLANNING HAD INTRODUCED LANGUAGE TO CITY COUNCIL ABOUT THESE REQUIREMENTS, WE GAVE ILLUSTRATIONS OF WHAT WE, WHAT WOULD BE APPROVED AND WHAT WOULD NOT BE APPROVED UNDER THAT CODE.
AND UNDER THAT, THOSE ILLUSTRATIONS, WE SHOWED ROOFS AGAIN, WHAT WE WOULD APPROVE AND WHAT WE WOULDN'T APPROVE.
AND THEY, THE ONLY ONES THAT WE SHOWED THAT WE WOULD APPROVE WERE, AGAIN, VERY DARK IN NATURE.
THEY WERE MOSTLY A GRAY WITH SOME ELEMENTS OF BLACK IN THEM.
AND THEN OF COURSE, BLACK ROOFS, UM, THE, WE WILL NOT APPROVE, WERE MORE, UM, THEY HAD SOME ORANGE TENTS TO THEM.
UM, AND AGAIN, THAT'S PART OF COUNCIL'S REVIEW OF OUR CODE LANGUAGE WAS TO LOOK AT THOSE PICTURES AND ESSENTIALLY, I WANNA SAY BUY INTO IT, BUT AT LEAST KNOW WHAT WE'RE INTENDING TO DO WHEN WE ADOPTED THE REGULATIONS.
THAT WAS THE OTHER ATTACHMENT IN THE PRE-READ.
I I HAVE A QUESTION FOR TAMMY THAT MIGHT SAVE US ALL TIME NEXT MONTH.
AT THE SAME TIME, THE, YOU MENTIONED DARK COLORS.
IS IT JUST, IS IT JUST DARK GRAY OR IS DARK BROWN, FOR EXAMPLE, CONSIDERED A DARK COLOR? OR IS DARK BLUE CONSIDERED A DARK COLOR? LIKE THAT IS SOMETHING THAT WOULD HELP ME BECAUSE I, I DO HAVE TWO CUSTOMERS WHO ARE IN WIND OUT WOODS, WHICH, UH, EVERY SINGLE ROOF IS THE SAME EXACT COLOR.
IT'S DRIFTWOOD, WHICH IS LIKE A DARK BROWN.
AND THEY ARE INTERESTED IN DOING THE APPEAL PROCESS, WHICH I WAS HOPING THAT MAYBE WE COULD SAVE EVERYONE SOME TIME AND GET SOME CLARITY ON THAT, ON WHETHER DARK BROWN WOULD BE CONSIDERED CLOSE ENOUGH TO BLACK.
I KNOW THAT'S NOT WHAT WE'RE HERE, WE'RE HERE TO DISCUSS, BUT, UH, JOEL, YOU MENTIONED THE COLOR SPECTRUM THING IS VERY CONFUSING.
WELL, AND IF, IF I COULD JUMP IN THERE BECAUSE THE, THE QUESTION ABOUT PROCESS MAY SEEM PEDANTIC, BUT I THINK IT IS IMPORTANT BECAUSE YOU HAVE DIFFERENT STANDARDS THAT THIS BOARD WOULD APPLY IF THEY WERE HEARING, IF YOU WERE HEARING AN ADMINISTRATIVE APPEAL FROM THE DECISION VERSUS A VARIANCE LIKE WHAT IS IN FRONT OF THE BOARD TONIGHT.
SO I WOULD BE, UM, RELUCTANT FOR MS. NOBLE TO ANSWER THAT QUESTION WITHOUT HAVING MATERIALS IN FRONT OF HER THAT COULD THEN BE BACKUP IN FRONT OF THIS BOARD IN A MONTH OR TWO MONTHS TIME.
THAT DOESN'T PUT ANYBODY IN A GOOD SITUATION.
UM, AND TO THAT POINT, I THINK, AND, AND THIS WAS ALLUDED TO EARLIER, THE FIRST CRITERIA FOR THE VARIANCE REVIEW, WHICH OF COURSE DISAPPEARED FROM MY COMPUTER SCREEN, UM, IS WHETHER SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST, WHICH ARE PECULIAR TO THE LAND OR STRUCTURE INVOLVED, AND WHICH ARE NOT APPLICABLE TO OTHER LANDS OR STRUCTURES IN THE SAME ZONING DISTRICT.
SO WHAT STAFF IS SAYING IN THE CONTEXT OF THIS VARIANCE APPEAL IS THAT A LIGHT GRAY ROOF IS NOT, IT'S NOT, UH, UH, SPECIAL OR UNUSUAL, UM, ON STRUCTURES IN THE SAME ZONING DISTRICT.
SO REALLY THE QUESTION THAT IS BEFORE THE BOARD IS NOT SO MUCH, IS NOT AT ALL WHETHER LIGHT, GRAY AND BLACK ARE SIMILAR.
IT'S WHETHER LIGHT GRAY IS UNUSUAL OR UNIQUE
[01:00:01]
IN THIS ZONING DISTRICT.THANK YOU FOR THE CLARIFICATION THAT, JOE, I KNOW YOU GOT A QUESTION WAITING.
WELL, IT'S NOT REALLY A QUESTION.
IT'S KIND OF THAT'S THE POINT THAT I WAS GONNA MAKE.
I, I FEEL LIKE I WE'RE HAVING A CONVERSATION ABOUT SOMETHING THAT'S NOT BEFORE US.
THIS ISN'T A DEBATE ABOUT WHAT THE CODE SHOULD BE OR OTHER APPLICATIONS TO ME, UM, KIND OF LIKE PATRICK SAID, THIS ISN'T A, THIS ISN'T A PERSONAL VENDETTA OF WHETHER, UM, THIS PANEL THINKS THAT IT'S APPROPRIATE, NOT APPROPRIATE.
IT IN GENERAL, IT'S TO APPLY THESE CRITERIA TO THE CODE AND ARE THEY MET.
AND UNFORTUNATELY, I DON'T SEE ANY WAY THAT EITHER OF THESE APPLICATIONS MEET THE NECESSARY CRITERIA.
AND SO I KNOW THAT JASON HAS ALREADY STATED HIS OPINION, I'M OF THE SAME OPINION AND THAT THIS IS NOT MET.
AND SO TO LET THE APPLICANTS KNOW, I THINK WE SHOULD, WE SHOULD AT THIS POINT HEAR FROM THE REST OF THE BOARD.
BUT IF THREE PEOPLE SAY NO, IT, IT DOES NOT PASS.
UH, WE'LL GET TO THAT IN A SECOND.
YEAH, I DO WANNA MAKE SURE, UH, DO WE HAVE ANY PUBLIC COMMENT REAL QUICK BEFORE WE START OUR FULL DELIBERATION? WE DO NOT, NO.
I THINK THAT WAS A, A REALLY HELPFUL CLARIFICATION.
UH, NOT ONLY WITH REGARD TO THE STANDARD, RELATIVE TO THE VARIANCE REQUESTS, BUT ALSO, UH, COMPARING, UH, THE ADMINISTRATIVE APPEAL, UH, VERSE THE, THE REQUEST FOR VARIANCE, WHICH IS, WHICH IS ALSO I THINK FAIRLY SIGNIFICANT, UH, FROM A STANDARD PERSPECTIVE.
I'VE ALREADY STATED WHERE I WAS, UH, JOEL, YOU OBVIOUSLY, I DON'T WANT TO, UH, DISRUPT.
IF YOU HAVE ADDITIONAL QUESTIONS FOR STAFF OR THE APPLICANT, PLEASE FEEL FREE TO DO SO.
OTHERWISE, DO YOU HAVE AN INITIAL POSITION OR YOU YOU CAN THINK ABOUT IT? WE CAN PASS ALONG TO SOMEBODY ELSE.
I'M, I'M READY TO DELIBERATE TOO.
SO, UM, ON THE, THE VARIANCE REGARDING THE REC RECTANGULAR IN SHAPE, I'M A NO ON THAT.
UM, IT WOULD TAKE A LOT TO CONVINCE ME OTHERWISE ON THE COLOR.
I REALLY AM TORN OVER THE WORD SIMILAR.
YOU KNOW, IT'S NOT LIKE THERE'S BEEN THAT MANY APPLICATIONS BEFORE.
THE BOARD WITH DARK GRAY, THE CITY LANGUAGE SET, IT'S SUPER COMMON.
THE CITY SAID THE INTENT OF THE CODE WAS TO SUPPORT SOLAR, YOU KNOW, BUT MAINTAIN ARCHITECTURAL DESIGN STANDARDS.
I, I FEEL THIS PRESSURE TO MAKE A JUDGMENT ON HOW SIMILAR IS THE COLOR.
UM, AND SO I, I'M OPEN TO BEING CONVINCED EITHER WAY ON THAT.
AND I FEEL LIKE IT'S, I DON'T MEAN TO HOLD THIS UP.
IT FEELS LIKE AN IMPORTANT PRECEDENT 'CAUSE THIS WON'T BE THE LAST ONE WITH A GRAY ROOF.
YEAH, I THINK THE DIFFERENCE IS EXACTLY WHAT THAD SAID.
IT'S NOT NECESSARILY GRAY, BUT THE LIGHT GRAY BETWEEN THE BLACK IS, THAT'S NOT WHAT WE'RE JUDGING.
IT'S AS IF THEIR HOME IS IN A LOCATION THAT HAS SIMILAR, CERTAINLY SITUATED COLORS ON THE ROOF.
THE OTHER THING IS, JOEL, IS THAT THE, THE DIFFERENCE BETWEEN THE EVALUATION OF THE ADMINISTRATIVE APPEAL RELATIVE TO THE COLOR AND THEN THE VARIANCE FOR THE REQUEST TO INSTALL OF A A DISSIMILAR COLOR IS COMPLETELY DIFFERENT.
SO I'M NOT SURE IF THAT WOULD OBVIOUSLY EVEN STILL BE AN OPTION FOR THEM AT THIS POINT.
WE COULD TABLE THIS POTENTIALLY THAT I THINK THAT MAY BE AN OPTION.
I I WILL, I WILL GIVE THAT TO YOU ONCE WE FINISH DELIBERATING.
I I JUST HAVE A VERY QUICK QUESTION.
SORRY, I DIDN'T MEAN TO CUT YOU OFF, BUT, UM, I, I, AM I UNDERSTANDING THIS CORRECTLY THAT LIKE THE, I GUESS THE BEST OUTCOME FOR ME TODAY WOULD'VE BEEN, OR US TODAY WOULD'VE BEEN, YOU CAN DO THE SHAPE THAT YOU WANT TO, BUT NOW YOU NEED TO FILE AN APPEAL FOR COLOR.
IS, AM I UNDERSTANDING THAT CORRECTLY OR NO? I THINK WE PROBABLY WOULD'VE HAD SOMETHING WHERE YOU, WITH YOU TABLE YOUR ENTIRE VARIANCE APPLICATION AND YOU WOULD WORK WITH THE CITY ON TRYING TO PUT TOGETHER, UH, AN APPEAL RELATIVE TO THEIR DETERMINATION THAT YOU WEREN'T WITHIN THE GUIDELINES OF THE CODE RELATIVE TO THE COLOR.
I THINK, YOU KNOW, YOU'RE PROBABLY, YOU PROBABLY, AS JOEL MENTIONED, I YOU'RE GONNA HAVE NOS ACROSS THE BOARD RELATIVE TO THE SHAPE WITHIN THE CODE.
UH, BUT FROM A COLOR PERSPECTIVE, I THINK THAT WOULD BE, YOU KNOW, TABLING THAT ASPECT AND THEN WORKING WITH THE CITY, PUTTING THE FORMAL REQUEST.
AND AGAIN, I'M NOT, I DON'T KNOW THE SPECIFIC, UM, PROCEDURE FOR THAT, BUT IT'S SOMETHING TO THE EFFECT OF, YOU'RE GONNA PUT IN THAT WE WANNA PUT THIS COLOR ON, THEY'RE GONNA SAY NO, AND YOU'RE GONNA SAY, WELL, I THINK I'M WITHIN CODE.
AND THEY'RE GONNA SAY, NO, YOU'RE NOT.
AND THEN WE WOULD BE HERE AT A, UH, A SEPARATE, UM, YOU, IT MAY STILL HAVE TO COME BACK BEFORE OUR BOARD, BUT THE STANDARD OF THE, OUR EVALUATION IS DIFFERENT, IF THAT MAKES SENSE.
IF WE VOTE NO ON THE COLOR, CAN THEY STILL APPEAL THROUGH THAT PROCESS OR DOES THAT NOT LET THEM APPEAL? SO THEY COULD APPEAL, BUT IT WOULDN'T BE AN APPEAL ON WHETHER THE COLOR IS SIMILAR OR NOT.
IT WOULD BE AN APPEAL ON WHETHER ZONE, WHETHER THE VARIANCE CRITERIA WERE MET WITH RESPECT TO THE COLOR, WHETHER THE, WHETHER THE CIRCUMSTANCES
[01:05:01]
OF THE STRUCTURE ARE UNIQUE IN THAT ZONING DISTRICT.SO IT WOULD BE APPEAL, BUT IT WOULD BE APPEAL OF THE KIND OF THE WRONG QUESTION.
SO EVEN IF WE VOTE NO ON THE COLOR, THEY STILL HAVE OTHER AVENUES TO TRY TO GET.
NOT NECESSARILY, WHAT HE'S SAYING IS IF THEY PROCEED WITH THE COLOR AND WE VOTE NO, THE APPEAL IS NOT NECESSARILY ON THE COLOR.
IT'S THE APPEAL RELATIVE TO THE VARIANCE CODE STANDARDS THAT WE HAVE.
SO, SO IF THEY, SO THE WAY THAT IT WOULD, SORRY, THE WAY THAT IT WOULD GET TEED BACK UP IN FRONT OF THIS BOARD IS IF THE APPLICANT WERE TO SUBMIT SOME, SUBMIT AN APPLICATION THAT RESOLVED THE SHAPE ISSUE, AND IF THAT APPLICATION WERE THEN DENIED BY STAFF ON THE BASIS THAT THE PANELS AND THE ROOF ARE NOT SIMILAR COLOR, THEN THAT COULD BE APPEALED TO THIS BOARD BY FILING A NOTICE OF APPEAL WITHIN 20 DAYS OF STAFF'S DECISION.
AND THEN IT IS, IT, IT TEES UP THE QUESTION SIMPLY OF WHETHER STAFF HAS CORRECTLY INTERPRETED THE CODE OR NOT WITHOUT THE, YOU KNOW, SEVEN DUNCAN FACTORS FOR VARIANCE C CAN I JUST MAKE SURE I'M UNDERSTANDING THAT CORRECTLY? YEAH, SO IT, I CAN GO OVER IT WITH YOU IF YOU WANT.
SO YOUR BEST BET IS PROBABLY TO TABLE THE ENTIRE VARIANCE DECISION, SUBMIT THE APPLICATION RELATIVE TO SOME FORM OF YOUR RECTANGULAR SHAPE ON WHATEVER ROOF, UH, ELEVATION YOU WANT.
THE TWO, IF YOU WANT TO ADD ANOTHER ONE, WHATEVER TO GET THE OTHER NINE, YOU CAN, THE CITY IS GONNA MAKE A DETERMINATION WHETHER THE COLOR OF THAT PANEL IS WITHIN CODE.
IF THEY SAY, NO, IT'S NOT, YOU'RE GONNA SAY, I BELIEVE IT IS, THEN YOU'RE GONNA PEEL THAT DECISION.
YOU'RE GONNA BE BACK IN FRONT OF OUR BOARD AGAIN.
BUT THE STANDARD BY WHICH YOU HAVE TO MEET IS DIFFERENT AND IT MAY BE MORE FAVORABLE FOR YOU.
IT MAY NOT, I DON'T KNOW THE ANSWER TO THAT.
WE'RE NOT, WE HAVE THAT'S NOT BEFORE US.
UM, BUT THAT'S PROBABLY YOUR BEST OPTION RIGHT NOW.
UM, 'CAUSE YOU HAVE A, YOU, YOU OBVIOUSLY HAVE NOS ON THE, UM, UH, THE SHAPE AND YOU KNOW, JOEL IS STILL THINKING ABOUT THE COLOR, WHICH IS FINE.
CAN WE JUST CLARIFY, DOES EVERYONE A NO ON THE SHAPE? I I THINK THAT WAS IMPLIED, BUT YEAH.
I THINK IT'S HELPFUL JUST FOR YOU TO HEAR EVERYONE SAY THAT.
WELL LET, WELL HOLD, HOLD YOUR QUESTION.
LET'S MAKE, LET'S MAKE THIS EASIER.
DAN AND PATRICK, WHERE, WHERE DO YOU, WHERE DO YOU FEEL RELATIVE TO THE COLOR THAT'S BEFORE US? ALRIGHT.
SO THE COLOR, PERSONALLY, I THINK YOU MADE A GREAT POINT WHEN YOU SAID IF YOU PUT IN GRAY FRAMES AROUND IT, IT WOULD LOOK LIKE A BUNCH OF BLACK BOXES.
I THINK EVERYBODY REALIZES GRAY CONTRAST WITH BLACK, BUT THAT DOESN'T MATTER.
WHAT, UH, WE DON'T MAKE THAT DETERMINATION THAT'S MADE BY PLANNING.
SO WHAT WE'RE LOOKING AT IS DO THEY MEET THE, THE FIRST AND THIRD CRITERIA? I HAPPEN TO AGREE WITH PLANNING THAT THEY DID NOT, I THINK YOU MADE A LOT OF GREAT POINTS ABOUT, UM, ALIGNING THE CODE WITH WHAT WE AS A COMMUNITY WANT.
I LIKE, I THINK HE MADE A GREAT POINT ABOUT IT NOT BEING VISIBLE, BUT WE'RE BOUND TO FOLLOW THESE PROCEDURES, FOLLOW THESE STEPS AND MAKE JUDGEMENTS.
SO MY, UH, MY THOUGHT WOULD BE NO, ON BOTH PATRICK, UH, YEAH, I MEAN WE'RE, WE'RE SORT OF SADDLED WITH THE, UH, THE, THE CODE AS IT IS RIGHT NOW.
UM, IT OBVIOUSLY IN DRAFTING THE LEGISLATION, UH, IT WAS OPEN TO PUBLIC COMMENTS, UH, A LOT OF MATTERS AND, UH, MATERIAL FACTS WERE CONSIDERED AND, AND COMING TO ITS CONCLUSIONS AND NOW IT'S RUNNING THROUGH, YOU KNOW, THIS WHOLE PROCESS TO SORT OF MAYBE IRON OUT SOME OF THOSE THINGS AS WELL.
UM, SO I MEAN, AS IT STANDS RIGHT NOW, I'M NOT SEEING ANY REAL, UM, ANY REAL AVENUE TO, UM, GRANT THE VARIANCES.
UM, I, BUT YOU KNOW, I, I THINK, YOU KNOW, I I WOULD UNDERSCORE THE THE FACT THAT, UM, YOU KNOW, THERE IS A LEGISLATIVE ADMINISTRATIVE PROCESS THAT YOU COULD GO THROUGH THAT, UH, YOU COULD MAKE SOME MODIFICATIONS TO THAT CODE.
UM, UM, BUT YEAH, AT THIS JUNCTURE, THROUGH THIS, UM, UH, THROUGH THIS BODY, I, I DON'T REALLY SEE MUCH LEEWAY IN THAT REGARD.
SO FOR ME, 'CAUSE I, I WAS A NO UPFRONT ON THE SHAPE, BUT I WAS QUESTIONING THE COLOR.
I'M A NO ON THE COLOR BASED ON TAMMY'S COMMENT AROUND WHAT THEY SHARED WITH CITY COUNCIL IN THE IMAGES WHEN THEY MADE THE DECISION, CITY COUNCIL HAD BEFORE THEM LIGHT GRAY ROOFS WITH BLACK TILES.
AND IN MY MIND, CITY COUNCIL DETERMINED THAT WASN'T SIMILAR IN COLOR.
I DON'T FULLY FOLLOW WHY US JUST VOTING NO ON IT SO THAT THERE'S THE PRECEDENT THEY KNOW SAVES THEM ANY TIME GIVEN THEY CAN'T DO A NON RECTANGULAR
[01:10:01]
ROOF EITHER WAY.SO THAT, THAT WE COULD VOTE NO ON THE, ON THE SHAPE, THEY COULD STILL COME BACK WITH A DIFFERENT SHAPE AND COLOR.
I'M NOT FOLLOWING WHY THAT SAVES THEM ANY TIME, BUT I'M A NO ON BOTH EITHER WAY, IF WE VOTE, OKAY, SO MR. TRUVIO, YOU HAVE OPTIONS, YOU CAN ASK US TO PROCEED WITH THE VOTE, WHICH YOU KNOW THE ANSWER TO, I'D RECOMMEND AGAINST THAT, BUT YOU DON'T HAVE TO TAKE MY RECOMMENDATION.
AGAIN, BEST BETTS TABLE, TABLE THE APPLICATION, SEE WHAT HAPPENS, WORK WITH THE CITY, SEE IF WE CAN FIND, UH, YOU COULD DO THE, YOU KNOW, AGAIN, A FORMAL APPLICATION RELATIVE TO THE COLOR AND THEN, UH, POTENTIALLY APPEAL THAT, WHICH WOULD BE A SEPARATE, YOU'D BE BACK IN FRONT OF US, BUT BE UNDER A SEPARATE STANDARD.
SO, AND WE'RE HAPPY TO ANSWER ANY OTHER QUESTIONS.
UH, YOU KNOW, OBVIOUSLY YOU CAN FEEL FREE TO CROSS EXAMINE TAMMY AS MUCH AS YOU WANT STILL.
SO, UM, YEAH, I GUESS I, I, YEAH, I WOULD LOVE TO, I GUESS I'M HAVE TO SPEAK WITH TAMMY AND MAYBE CITY COUNCIL, WHOEVER MORE I, I'M JUST, HONESTLY, I'M JUST STUNNED THAT I'M, THAT WE'RE ALL WASTING OUR TIME ON THIS TO BE COMPLETELY FRANK.
I MEAN, WE WE'RE LIKE, I'M NOT, I'M NOT EXAGGERATING WHEN I SAY THAT THESE ARE THE MOST AGGRESSIVELY ANTI-SOLAR CODE AND I KNOW THAT HAS NOTHING TO DO WITH YOU GUYS, BUT THIS IS TRULY THE MOST, MOST, UH, ANTI-SOLAR CODE OF ANY COMMUNITY IN THE ENTIRE COUNTRY THAT I CAN FIND.
SO, LIKE, IT'S, IT'S JUST, I'M, I'M OBVIOUSLY FRUSTRATED RIGHT NOW, BUT IT JUST SEEMS HYPOCRITICAL THAT WE'RE GONNA CONSIDER OURSELVES A SUSTAINABLE CITY, BUT ALSO PREVENT, LIKE YOU MENTIONED, YOU KNOW, THE VAST MAJORITY OF PEOPLE ARE NOT GONNA BE ABLE TO, TO EVEN GO SOLAR ANYWHERE ON THEIR PROPERTY BECAUSE THEY DON'T HAVE A BLACK GRAY AND EXTREMELY DARK GRAY ROOF.
SO JUST VERY, VERY DISAPPOINTED.
I CAN UNDERSTAND YOUR FRUSTRATION.
UM, I JUST DON'T THINK THIS WAS THE FORUM TO KIND OF PURSUE IT.
JUST WANTED TO NOTE THAT I DO UNDERSTAND.
I, I I THOUGHT I HAD HAD MAYBE A CHANCE WITH THE SHAPE OF OUR HOUSE, BUT ARE YOU, UM, SO WHAT DO YOU WANNA DO? TABLE.
SO CAN WE GET A, UH, BASED ON THE APPLICANT'S RECOMMENDATION, CAN WE GET A MOTION TO, UH, TABLE CASE TWO THREE DASH 0 9 4? SO MOVED SECOND PLEASE.
I, I HOPE WE'LL BE ABLE TO WORK IT OUT FOR YOU THE BEST WE CAN, BUT THAT'S SOMETHING YOU'LL HAVE TO TAKE UP WITH THE DEPARTMENT OF DEVELOPMENT PLANNING, UH, AND CITY COUNCIL.
UH, TAMMY, DO WE HAVE ANY COMMUNICATIONS? UM, WE DON'T, BUT I WOULD LIKE TO ADD ONE ADDITIONAL COMMENT.
UM, ONE THING I DON'T KNOW THAT I WAS CLEAR ENOUGH ABOUT WHEN WE DID REVIEW THE CODE REGULATIONS WITH CITY, UM, COUNCIL MEMBERS, WE DID REQUEST THAT WE COME BACK BEFORE CITY COUNCIL WITHIN ONE YEAR FOR THE ADOPTION OF THOSE REGULATIONS TO, TO RE ADDRESS THE REGULATIONS.
AND SO, UM, WE'VE NOT ONLY COMMITTED TO DOING THAT, BUT WE'VE ALSO GIVEN CITY COUNCIL UPDATES ON HOW THE REGULATIONS ARE GOING, AND WE INTEND TO KEEP DOING THAT.
UM, WE HOPE THAT THIS IS A PROCESS THAT WILL CONTINUE TO EVOLVE.
SO JUST FOR THE PUBLIC THAT MIGHT BE WATCHING.
TAMMY, I HAVE A QUESTION FOR YOU.
IS, IS THERE ANY WAY TO EXPEDITE THAT OBVIOUSLY AS NOT JUST AS A DUBLIN HOMEOWNER THAT WANTS TO GO SOLAR, BUT ALSO AS A DUBLIN, A HOME OR A BUSINESS OWNER THAT'S LOCATED IN DUBLIN THAT I KNOW THAT THE REST OF MY TEAM AFTER TONIGHT'S MEETING AND, AND OBVIOUSLY IT'S NOT YOUR GUYS' FAULT, BUT THEY'RE GOING TO WANT TO RELOCATE OUR HEADQUARTERS.
SO LIKE, I'M JUST, I, IS THERE ANY WAY TO EXPEDITE THAT PROCESS WHILE I HAVE YOU HERE? THAT WOULD BE UP TO CITY COUNCIL.
WHAT WOULD, I GUESS WHAT, IS THERE ANY, IS THERE ANY STEPS FOR ME AS A CITIZEN TO GET A HOLD OF CITY COUNCIL AND HAVE A MEETING WITH THEM? OR HOW DOES THAT WORK? I'VE, SORRY, I'VE NEVER GONE THROUGH THIS.
SO THERE IS A COMMUNICATION FORM ONLINE TO, UM, LIKE BASICALLY EMAIL CITY COUNCIL.
THERE'S ALSO FOR EVERY CITY COUNCIL MEETING TIME AT THE BEGINNING TO GIVE PUBLIC COMMENT TO THE FULL COUNCIL SITTING UP, YOU KNOW, IN THE SEATS THAT THESE BOARD MEMBERS ARE IN, UM, ABOUT ITEMS THAT AREN'T ON THE AGENDA.
SO THAT WOULD BE AN OPPORTUNITY FOR YOU TO COME AND, AND MAKE YOUR VOICE HEARD ON THAT MATTER AS WELL.
DO YOU KNOW WHEN THAT THE NEXT MEETING IS? OFF THE TOP OF MY HEAD, I DO NOT, BUT WE CAN FIND OUT OFFLINE, WE CAN ADJOURN THE MEETING AND, AND ADDRESS THAT.
WELL, WITH NO COMMUNICATIONS, UH, DO WE HAVE ANYTHING FOR OCTOBER TAMMY YET? YEAH, THERE'S LIKELY A COUPLE CASES THAT WILL BE, THAT WILL BE HEARD.
WELL, WE'LL SEE EVERYBODY IN OCTOBER.