[CALL TO ORDER]
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GOOD EVENING AND WELCOME TO THE CITY OF DUBLIN BOARD OF ZONING APPEALS.
THIS MEETING IS BEING HELD AT 5 5 5 5 PERIMETER DRIVE.
THE MEETING CAN ALSO BE ACCESSED VIA THE CITY'S LIVE STREAM VIDEO ON THE CITY'S WEBSITE.
WE WELCOME PUBLIC PARTICIPATION, INCLUDING PUBLIC COMMENTS ON THE CASES.
THE MEETING PROCEDURE FOR THE CASES THIS EVENING WILL BEGIN WITH STAFF PRESENTATION FOLLOWED BY AN OPPORTUNITY FOR THE APPLICANT TO MAKE A PRESENTATION.
THE BOARD WILL ASK CLARIFYING QUESTIONS OF STAFF FIRST AND THEN OF THE APPLICANT.
THE BOARD WILL HEAR PUBLIC COMMENTS FROM THE PODIUM.
EACH SPEAKER MUST PROVIDE THEIR NAME, ADDRESS FOR THE RECORD FOLLOWING PUBLIC COMMENT, INCLUDING THOSE SUBMITTED SEPARATELY BY EMAIL.
THE BOARD WILL DELIBERATE ON THE CASE PRIOR TO RENDERING A DECISION.
AND JUST FOR THE RECORD, IT IS THE BOARD OF ZONING APPEALS MEETING OF THURSDAY, FEBRUARY 22ND, 2024.
JUDY, WILL YOU CALL THE ROLE PLEASE? MR. KRETZ? HERE.
[ACCEPTANCE OF DOCUMENTS and APPROVAL OF MEETING MINUTES]
WE WILL MOVE ON TO ACCEPTANCE OF DOCUMENTS AND APPROVAL OF THE MINUTES.UH, DO WE HAVE A MOTION TO ACCEPT, UH, THE DOCUMENTS INTO THE RECORD AND PROVE THE MEETING MINUTES FROM THE JANUARY 25TH, 2024 MEETING? SO MOVED.
WE WILL MOVE ON TO THE SWEARING OF THE WITNESSES AND STAFF.
ANYONE INTENDING TO ADDRESS THE BOARD ON THE CASES THIS, THIS EVENING? PLEASE RAISE 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? OKAY.
[Case #23-137V]
FIRST CASE THIS EVENING IS CASE NUMBER TWO THREE DASH 1 3 7 V, AS IN VICTOR.THAT'S THE FAITHFUL FRIENDS VETERINARY CLINIC.
THIS IS WITH REGARD TO A NON-USE AREA VARIANCE.
SPECIFICALLY, THE VARIANCE IS TO ZONING CODE SECTION 1 53 0.044 D TWO LOWERCASE C TO PERMIT A ZERO FOOT SIDE SETBACK WHERE 20 FEET IS REQUIRED.
THE 3.42 ACRE SITE IS ZONED TF TECHNOLOGY FLEX DISTRICT, AND IS LOCATED SOUTHWEST OF THE INTERSECTION OF LIGGETT ROAD AND PERIMETER DRIVE.
THE CASE, UH, PRESENTATION THIS EVENING IS BY JAY HENDERSON OF PLANNING, UH, THE PLANNING TECHNICIAN JAY, GOOD EVENING.
THIS CASE IS FOR REVIEW AND APPROVAL OF TWO SEPARATE VARIANCE REQUESTS TO ALLOW FOR ZERO FOOT SIDE YARD SETBACK.
STAFF IS RECOMMENDING APPROVAL WITH NO CONDITIONS.
THE 3.42 ACRE SITE IS TF TECHNOLOGY FLEX DISTRICT HIGHLIGHTED IN YELLOW.
THE SITE CONSISTS OF TWO PARCELS UNDER SINGLE OWNERSHIP, THE NORTH PARCEL BEING WITHIN UNION COUNTY AND THE SOUTH PARCEL BEING WITHIN FRANKLIN COUNTY.
AS NOTED IN THE STAFF REPORT, THERE ARE THREE IMPORTANT SITE FEATURES ON THIS PROPERTY.
THE INDIAN RUN SOUTH FORK, THE SHARED PROPERTY LINE, AND THE DENSE VEGETATION ON THE SOUTHERN PARCEL.
AND IF WE COULD GET THE SLIDES UP ON THE, THE SCREENS, THAT WOULD BE GREAT.
THE IMAGE ON THE LEFT SHOWS THE DENSE VEGETATION FACING SOUTHWEST FROM POST ROAD AND LIGGETT ROAD.
AND THE IMAGE ON THE RIGHT IS A VIEW OF INDIAN RUN SOUTH FORK FACING WEST.
SO THERE ARE TWO PARCELS THAT REQUIRE VARIANCE TO CONSTRUCT A VETERINARY OFFICE HIGHLIGHTED IN BLUE.
THE TWO VARIANCES ARE REQUIRED DUE TO THE LOTS BEING IN SEPARATE TAXING DISTRICTS AND THE INABILITY TO COMBINE
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THE PARCELS BECAUSE OF THE JURISDICTIONAL LINE.BOTH PARCELS RE BOTH VARIANCE REQUESTS ARE FROM SECTION 1 53 0.044 D TWO C.
THE REQUIREMENT FOR THIS SECTION IS AS FOLLOWS, FOR BUILDINGS WITH THE HEIGHT BETWEEN 15 AND 29 FEET, THE REQUIRED SIDE AND REAR YARD SETBACK IS 20 FEET.
THE APPLICANT REQUESTS TO ALLOW ZERO FOOT SIDE YARD SETBACK FOR BOTH PARCELS CRITERIA A REQUIRES ALL CRITERIA TO BE MET.
STAFF HAS DETERMINED THE FOLLOWING, THE SITE IS SPLIT BY TWO SEPARATE PARCELS AND TWO SEPARATE TAXING DISTRICTS.
TYPICALLY, THE LOTS WOULD BE COMBINED THROUGH THE LOT COMBINATION PROCESS, BUT WITH THE JURISDICTIONAL LINE, THIS CANNOT BE COMPLETED.
THIS CREATES A NARROW NORTHERN PARCEL WITH LIMITED, LIMITED ABILITY TO DEVELOP THE LOCATION OF THE INDIAN RUN SOUTH FORK THAT RUNS SOUTHWEST TO THE NORTHEAST OF THE PROPERTY, ALONG WITH NATURAL FEATURES OF THE SITE LIMITS THE DEVELOPABLE AREA ON THE SOUTHERN PARCEL.
THE CURRENT SITE CONDITIONS EXISTED PRIOR TO THE VARIANCE APPLICATION AND THE PROPERTY OWNER HAS NOT DONE ANY WORK TO GREATLY AFFECT THE SITE.
ADDITIONALLY, BOTH PROPERTIES ARE UNDER SINGLE OWNERSHIP AND THE VARIANCE REQUEST WOULD ALLOW THE OWNER TO AN EQUAL OPPORTUNITY TO DEVELOP HIS OR HER PARCEL CRITERIA.
B REQUIRES TWO OF THE FOUR CRITERIA TO BE MET.
STAFF HAS DETERMINED THAT ALL ALL REVIEW CRITERIA FOR SECTION B ARE MET BASED ON STAFF'S FINDINGS OUTLINED IN THE REPORT.
SO STAFF IS RECOMMENDING APPROVAL OF BOTH VARIANCE REQUESTS WITHOUT CONDITIONS FROM SECTION 1 53 0.04, FOUR D TWO C.
UH, THANK YOU AND I'M HAPPY TO ANSWER ANY QUESTIONS.
DO WE HAVE ANY QUESTIONS FOR STAFF? YEAH.
AS A POINT OF CLARIFICATION, WOULD YOU BRING UP THE DIAGRAM AGAIN SHOWING THE POST ROAD AND WHERE THE BUILDING WOULD BE LOCATED? THIS ONE? OH YEAH.
SO AS I UNDERSTAND IT, THIS WOULD BE A SETBACK, PARTICULARLY FROM THAT CENTER DIVIDING LINE THAT SEPARATES THE TWO PARCELS.
WHAT ABOUT THAT, UM, DISTANCE TO THE, ON THE LEFT SIDE THERE, I DON'T KNOW IF THAT'D BE WEST SIDE, BUT THAT BACK CORNER IF LEFT SIDE WHEN WE'RE LOOKING AT IT, WHAT'S THE DISTANCE FROM THERE TO THE LINE? IS THAT, DOES THAT MEET THE EASEMENT REQUIREMENTS? YES.
SO THAT DISTANCE IS SHOWN AS 22.
POINT FIVE, FOUR FEET WHERE 20 FOOT WOULD BE REQUIRED THERE? CORRECT.
YEAH, I COULDN'T QUITE MAKE IT UP.
I ALSO HAD A CLARIFYING QUESTION.
SO JUST TO CLARIFY, IF IF THEY WERE ABLE TO COMBINE THE PARCELS, WOULD THEY NEED A VARIANCE? NO.
AND THE ONLY REASON THEY CAN'T IS BECAUSE IT'S ACROSS COUNTY LINES? CORRECT.
ALL JAY, WE'RE GOOD WITH THE STAFF.
OH WAIT, LET ME HAVE ONE MORE, JUST ONE LAST QUESTION, DAN, GO AHEAD.
UH, THE PARCELS WERE PURCHASED AT THE SAME TIME IN THE SAME SALE.
DO WE HAVE APPLICANT PRESENTATION YOU WANNA COME UP? IS IT MICHAEL? YEAH.
MICHAEL, IF YOU COULD STATE YOUR NAME AND ADDRESS, UH, WHEN YOU'RE UP TO THE PODIUM AND MAKE SURE IT'S GREEN THERE.
UH, MICHAEL HENDRICKS, 6 4 9 3D SIDE DRIVE, DUBLIN, OHIO 4 3 0 1 7.
I DON'T HAVE MUCH OF A PRESENTATION OTHER THAN THE LIMITATIONS WITH THE SITE WOULD BE, THERE'S NO ACCESS TO PERIMETER ROAD FROM THE SOUTHERN POR AS WELL AS THE CREEK RUNNING THROUGH THE MIDDLE OF THE AREA WITH THE FLOOD FLOODPLAIN.
WE'RE TRYING TO STAY OUT OF THAT AS WELL.
UM, IT'S JUST A SIZE BUILDING THAT WE NEEDED FOR THE VETERINARY CLINIC AND THE POSITIONING ALONG WITH THE NUMBER OF PARKING SPACES PER SQUARE FOOT PER ZONE.
THIS IS THE ITERATION OF THE SITE PLAN THAT MADE THE MOST SENSE.
UNFORTUNATELY, IT FELL ON THE COUNTY LINE, WHICH IS OUR, SO THE DIVIDING LINE BETWEEN THE PARCELS.
MICHAEL, ARE YOU, I JUST WANNA JUST, JUST FOR THE RECORD HERE, ARE YOU WITH ANY GROUP? ARE YOU THE OWNER OF THE PROPERTIES? ARE YOU THE OWNER OF THE PROPOSED VETERINARY CLINIC? YEP.
SO I OWN THE VETERINARY CLINIC RIGHT NOW WE'RE ON WARNER TEMPLE ROAD.
UH, SO RIGHT, WE'RE RIGHT WHERE WARNER TEMPLE MEETS INWARD PARKWAY.
WE LEASED OUT 2,500 SQUARE FEET THERE AND JUST NEED TO EXPAND.
SO ALSO IN THE PROPERTY? MM-HMM?
SO NO CORPORATION OR ANYTHING.
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JOEL'S GOOD, DAN? GOOD.DO WE HAVE ANY, UH, PUBLIC COMMENT? UH, ANYBODY HERE WANNA COMMENT? NO, WE'RE GOOD.
ANYTHING ONLINE? WE DO NOT HAVE ANYTHING.
SO GENTLEMEN, WHERE, WHERE ARE WE AT? WHAT ARE WE THINKING HERE? I'M, I'M SUPPORTIVE OF APPROVING.
I THINK IT'S A PRETTY STRAIGHTFORWARD ONE.
I MEAN, FROM SOME OF THE ONES WE'VE SEEN THAT ARE RELATIVELY CONVOLUTED.
THIS IS A, THIS IS A PRETTY STRAIGHTFORWARD ONE.
IT DOESN'T LOOK LIKE THERE'S MANY OPTIONS AVAILABLE HERE.
IT MEETS ALL THE CRITERIA, SO I'M IN FAVOR OF IT.
I THINK, UH, JUST CREATED BY THE FACT THEY CAN'T COMBINE THE LOTS, BUT IT DOESN'T CREATE ANY ACTUAL VISUAL DIFFERENCE BETWEEN A PROPERTY THAT WOULD MEET THE REQUIREMENTS.
COUNTY LINES ARE KIND OF OUTSIDE OF OUR JURISDICTION.
UM, BUT YEAH, I'M, I'M IN LINE WITH EVERYBODY ELSE IT SEEMS LIKE.
SO FROM THAT PERSPECTIVE, LET'S START WITH FIRST, IT'S GONNA BE TWO SEPARATE MOTIONS HERE.
UH, COULD WE GET A MOTION, UH, FOR A NON-USE AREA? VARIANCE SIDE YARD SETBACK ON THE NORTHERN PARCEL.
AND THEN WITH REGARD TO THE SECOND VARIANCE REQUEST, IT'S A NON-USE AREA, VARIANCE SIDE YARD SETBACK FOR THE SOUTHERN PARTIAL.
MR. HENDRICKS, YOU'RE GOOD TO GO? THANKS.
[Case #24-018V]
OUR SECOND CASE THIS EVENING, THIS IS CASE NUMBER TWO FOUR DASH 0 1 8 V, AS IN VICTOR, THE COOK RESIDENCE FOR A NON-USE AREA VARIANCE.SPECIFICALLY WITH REGARD TO THE VARIANCE, IT IS REQUESTING A VARIANCE OF THE ZONING CODE SECTION 1 53 0.074 C, EXCUSE ME, CAPITAL C FOR LOWERCASE C TO ALLOW A SWIMMING POOL BARRIER TO EXCEED THE MAXIMUM 10 FOOT BUFFER FROM THE EDGE OF A POOL.
THE 0.38 ACRE SITE IS ZONED PUD PLAN UNIT DEVELOPMENT DISTRICT RIVIERA, AND IS LOCATED APPROXIMATELY 150 FEET SOUTHEAST OF THE INTERSECTION OF TIM FALLS DRIVE AND CORNER COURT.
OUR CASE PRESENTATION IS BY CITY PLANNER ZACH GEL.
UH, WELL, THIS IS A VARIANCE REQUEST FOR A SWIMMING POOL BARRIER, AS THIS WILL SHOW UP ON THE SCREEN.
UM, THE SITE IS HIGHLIGHTED IN YELLOW.
IT'S APPROXIMATELY, UH, 0.38 ACRES IN SIZE AND OWN PUD RIVIERA, UH, THE SITE, AND YOU'LL SEE HERE IN THE EXISTING CONDITIONS.
SO IT'S CURRENTLY UNDER CONSTRUCTION, UH, FOR AN APPROVED PATIO AND SWIMMING POOL.
UH, YOU CAN SEE THE CONDITIONS OF THE SITE ARE RELATIVELY FLAT.
IT DOES BACK UP TO A RESERVE TO THE, TO THE EAST.
UH, SO THERE ARE, THERE ARE NO NEIGHBORS TO THE REAR OF THE PROPERTY, BUT THERE ARE NEIGHBORS TO THE NORTH AND SOUTH.
UM, AGAIN, THIS IS FLAT AND IS CURRENTLY UNDER CONSTRUCTION FOR TWO ITEMS THAT ARE APPROVED THROUGH BUILDING STANDARDS.
SO THE REQUEST TONIGHT IS SPECIFICALLY FOR THE SWIMMING POOL BARRIER FENCE IN THE LOCATION OF IT, UH, THE IMAGE IS THE SITE PLAN THAT WAS PROVIDED IN YOUR PACKETS, BUT THE REQUEST IS TO, UH, THE SECTION LISTED ON THE SCREEN.
SO, POOL BARRIERS ARE REQUIRED PER THE CODE.
UH, THIS IS AN EXTENSION FROM THE, FROM THE OHIO BUILDING CODE AND REQUIREMENTS FOR SAFETY THERE.
THIS IS TO ELIMINATE ANY POSSIBILITY OF PEOPLE WANDERING INTO THE POOL ACCIDENTALLY AND CREATING A HAZARD THERE.
THIS IS TYPICALLY A FENCE, UH, PER OUR ZONING CODE.
HOWEVER, IT'S REVIEWED A LITTLE DIFFERENTLY THAN FENCES.
UH, THERE ARE SOME ADDITIONAL ALLOWANCES THAT ALLOW IT TO ENCROACH, UH, INTO REAR YARD SETBACKS WHEN IT'S WITHIN 10 FEET OF THE SWIMMING POOL EDGE.
SO IT'S, IT'S NOT INTENDED TO TO SERVE AS YOU CAN ENCROACH INTO THE REAR YARD SETBACK AT ANY POINT, AS LONG AS IT'S ENCLOSING A SWIMMING POOL.
IT'S INTENDED TO MINIMIZE THE AMOUNT, UM, OF, OF ENCROACHMENT INTO THAT REAR YARD SETBACK WHILE CRE WHILE CREATING THE, THE APPROPRIATE, UH, SAFETY MEASURES FOR, FOR THAT AREA.
SO ANYWHERE OUTSIDE OF THAT 10 FOOT BUFFER, IT MUST MEET ZONING SETBACKS AND THOSE SETBACK REQUIREMENTS SIMILAR TO FENCES.
SO THE IMAGE ON THE LEFT SHOWS THE, UH, CURRENTLY CONSTRUCTED SCREEN PORCH, THE APPROVED LOCATION OF THE PATIO
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AND APPROVED POOL AREA.THE OUTLINE THAT YOU SEE IN GREEN AND RED, THAT REPRESENTS THE REQUESTED, UH, SWIMMING POOL BUFFER FENCE.
THE GREEN AREAS ARE THE LOCATIONS THAT CURRENT MEET CURRENTLY MEET THE ZONING REQUIREMENTS, UH, EITHER BOTH THE SETBACK REQUIREMENTS OR WITHIN THAT 10 FOOT BUFFER.
THE RED AREAS ARE OUTSIDE OF THAT BUFFER AND ENCROACHING INTO THE REAR YARD SETBACK.
SO THAT'S WHAT WOULD BE REQUESTED, UH, FOR APPROVAL TONIGHT.
SO STAFF HAS REVIEWED THE, UH, REQUESTS AGAINST THE CONDITIONS OR THE CRITERIA SHOWN ON THE SCREEN.
ALL THREE OF THESE ARE REQUIRED TO BE MET, UH, BASED ON STAFF'S ANALYSIS PERTAINING TO A SPECIAL CONDITIONS.
AGAIN, THE SA IS THE SITE IS RELATIVELY FLAT, UH, AND THE SIZE IS PRETTY COMPARABLE TO ADJACENT PROPERTIES.
STAFF HAS NOT BEEN ABLE TO IDENTIFY, UH, ANY REASON FOR THE SWIMMING POOL BARRIER NOT TO MEET THE ZONING CODE REQUIREMENTS.
SO WE HAVE FOUND THAT THIS CRITERIA NOT TO BE MET.
UH, SECOND IS THE APPLICANT ACTION INACTIONS.
THIS VARI IS BEING REQUESTED FOLLOWING AN APPROVED SITE PLAN, WHICH WAS PROVIDED IN YOUR PACKETS AS WELL, UH, WHICH PROVIDES A BARRIER LOCATION THAT MET THE REQUIREMENTS OF THE CODE.
UH, SO THIS VARIANCE ALSO COMES FOLLOWING THE SCREEN PORCH AND PATIO EDITION, UH, WHICH WERE INITIATED BY THE APPLICANT.
AND THEN FINALLY, THE IMPAIRMENT OF THE INTENT AND PURPOSE OF THE REQUIREMENT.
I DID, UH, TOUCH ON THIS A LITTLE BIT, BUT SWIMMING POOL BARRIERS ARE INTENDED TO BE SAFETY MECHANISMS, UH, AND NOT INTENDED TO, TO ALLOW FOR ENTIRE ENCROACHMENTS INTO THE REAR YARD SETBACK, UH, AS A, AS A PERIMETER YARD FENCE.
SO THIS WOULD BE, UH, CONFLICTING WITH FAT INTENT.
AND THEN WITH THE SECOND SET OF REQUIREMENTS, UH, TWO OF THE FOUR NEED TO BE MET, STAFF HAS FOUND THAT BOTH TWO AND THREE DO MEET.
SO IT DOES MEET CRITERIA B UH, WITH THAT STAFF IS RECOMMENDING DISAPPROVAL BASED ON THE, THE FINDINGS FROM STAFF, UH, LISTED IN THIS PRESENTATION, BUT ALSO IN YOUR, YOUR PACKET.
SO HAPPY TO ANSWER ANY QUESTIONS.
OTHERWISE, THE, THE HOMEOWNER IS ALSO HERE TO, UH, ANSWER ANY QUESTIONS.
DO WE HAVE QUESTIONS? YEAH, FIRST HALF.
I JUST, IN KIND OF REMEMBERING BACK, AM I CORRECT THAT FOR A BRIEF PERIOD OF TIME, SOMETIME IN THE LAST DECADE, THE CITY ACTUALLY FOR A WHILE APPROVED HARD COVERS THAT WERE, THAT YOU DIDN'T HAVE TO HAVE A FENCE AND THEN WENT AWAY FROM THAT AGAIN? IS THAT CORRECT? THAT WOULD'VE BEEN A BUILDING CODE REQUIREMENT? YES.
THIS IS, THIS WOULD BE SEPARATE, UH, FROM THAT REQUIREMENT, I BELIEVE.
YEAH, THIS IS A TOTALLY SEPARATE REQUIREMENT FROM, FROM HAVING THE COVER ON.
BUT THERE'S, AT ONE POINT, I REMEMBER THAT THERE WAS A, THERE WAS, YOU DIDN'T HAVE TO HAVE A FENCE IF YOU HAD A, THERE WAS A CERTAIN TYPE, I CAN'T REMEMBER THE NAME OF IT, BUT IT WAS A CERTAIN TYPE OF COVER THAT WAS LIKE AN AUTOMATIC ONE FOR, FOR SAFETY MEASURES.
THERE ISN'T ANOTHER OPTION OTHER THAN A FENCE FOR THIS TO MEET THE, THE REQUIREMENT.
THAT WOULD BE A SEPARATE REQUIREMENT, UM, THROUGH BUILDING STANDARDS IN ADDITION TO THIS? CORRECT.
SO ZACH, UNDER CRITERIA A ONE THAT, UM, SPECIAL CONDITIONS DON'T EXIST, DO YOU WOULDN'T CONSIDER THE NATURE RESERVE A SPECIAL CONDITION IN THIS CASE? BASED ON OUR ANALYSIS OF IT, IT DOESN'T PROHIBIT THE, THE SITE FROM MEETING THAT REQUIREMENT, ESPECIALLY SINCE THERE HAS BEEN AN APPROVED SITE PLAN THAT SHOWS THAT POOL BARRIER.
SO WE DIDN'T FIND ANY CONDITIONS SPECIFIC TO THE SITE THAT THAT CREATED THAT ISSUE.
UM, YOU COULD POTENTIALLY PUT THAT IN THE SECTION THREE WHERE IT'S IMPAIRING, IS IT IMPAIRING ADJACENT PROPERTIES? UM, BECAUSE THE RESERVES TO THE REAR, THERE'S NO PROPERTY TO IMPAIR, BUT BASED ON THE PURPOSE AND INTENT OF THE REQUIREMENT, THAT'S WHERE THAT KIND OF TAKES, TAKES OVER, UH, THAT REQUIREMENT.
ZACH, WAS THE POOL CONSTRUCTED, UM, IN LINE WITH THE NOVEMBER, 2023 APPROVED SITE PLAN? YES, IT'S CURRENTLY IN CONSTRUCTION.
UH, AS FAR AS I'M AWARE, IT DOES MEET THE REQUIREMENTS OF THE RIVIERA DISTRICT.
I GUESS WHAT I'M ASKING IS, IS IT BEING CONSTRUCTED CONSISTENT WITH THE PLAN THAT THEY SUBMITTED? IT'S BEING CONSTRUCTED CONSISTENT WITH THE APPROVED SITE PLAN, NOT WITH WHAT IS SHOWN ON THE SCREEN.
WHAT, CAN YOU SUMMARIZE WHAT THE MAIN DIFFERENCE IS FOR THE FENCE FROM WHAT THEY SUBMITTED IN NOVEMBER VERSUS WHAT THEY'RE REQUESTING NOW? SURE.
UM, WHEN THIS PULLS UP, IT, THIS IS, I HAVE THE APPROVED SITE PLAN FROM OUR BUILDING STANDARDS.
SO THE GREEN OUTLINES WHERE THE, THE APPROVED BUILDING STANDARDS PERMIT SHOWS THE FENCE.
UM, SO IT WOULD BE THE GREEN, UH, WHICH IS DIFFERENT FROM,
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AND THIS, SORRY, THIS DOES MEET THE CURRENT REQUIREMENTS AS PER THE SWIMMING POOL BARRIER REQUIREMENTS.UH, THE, WHAT IS SHOWN HERE, THIS IS THE SAME SCREEN PORCH, SAME PATIO, SAME POOL AREA WITH THE EXTENDED FENCE AS THAT, THAT BUFFER AROUND AND IT'S ENCLOSING THE ENTIRETY OF THE SCREEN PORCH AND THE PATIO.
SO THAT'S THE MAIN DIFFERENCE HERE.
THE, THE BUILT ENVIRONMENT IS STILL THE SAME AS WHAT WAS APPROVED BY BUILDING STANDARDS.
THIS IS STRICTLY FOR THAT, THAT BARRIER AND THAT TOP RIGHT PORTION OF THE FENCE.
UM, IT'S ONLY BECAUSE IN THE APPROVED VERSION IT HAS THE SLIGHT CUTOUT.
JOEL, DO YOU HAVE ANYTHING, ANY FOLLOW UPS? ANYTHING? YOU GOOD THINKING ABOUT IT, I GUESS YOU KNOW, ZACH, SO FOR CRITERIA A NUMBER TWO, I'M NOT FOLLOWING WHY GETTING AN APPROVED SITE PERMIT IS AN ACTION OR AN ACTION CAUSING THE NEED FOR THIS VARIANCE.
IT FEELS LIKE YOU COULD SUBMIT, UM, FOR APPROVAL AND CHANGE YOUR MIND, AND THAT WOULD NOT, THAT THAT'S NOT CAUSING YOU TO NEED THIS VARIANCE.
I, THAT'S, THAT'S A GREAT QUESTION.
SO IT'S NOT THAT THEY'VE RECEIVED A PERMIT FOR THIS, PER SE.
UM, THE WAY THAT STAFF IS ANALYZING THIS, IT'S THAT THERE ARE, THERE ARE BUILT ENVIRONMENTS THERE, THERE ARE PROJECTS THAT HAVE COME INTO PLAY THAT ARE CONTRIBUTING TO THE REQUEST THAT'S BEING MADE.
SO THE REQUEST IS DUE BASED ON OUR UNDERSTANDING TO THE PATIO BEING BUILT, THE SCREEN PATIO, THE PORCH, AND WANTING TO ENCLOSE THOSE ENTIRELY.
UM, SO THE PATIO CURRENTLY EXTENDS OUT TO 20 FEET FROM THE REAR PROPERTY LINE.
IT'S ALLOWED TO DO SO BECAUSE WE DO ALLOW AT GREAT PATIOS TO EXTEND FIVE FEET INTO THAT REQUIREMENT.
HOWEVER, FENCES OR SWIMMING POOL BARRIERS CAN'T EXTEND THAT DISTANCE.
SO THAT'S WHERE THE REQUIREMENT IS COMING INTO PLAY.
IT'S, UM, BECAUSE PATIOS ARE UNDER A LITTLE DIFFERENT, UH, SCRUTINY AND THEY ALLOW FOR MORE LEVERAGE THERE, UM, THAT'S WHY STAFF HAVE FELT THAT THE APPLICANT, THE ACTION, UH, WAS BASED ON THE APPLICANT.
THE ACTION WASN'T THE VARIANCE, IT'S WHERE THEY BUILT THEIR, THEY CHOSE TO BUILD THEIR PATIO, IS WHAT YOU'RE SAYING? CORRECT.
IS THE PATIO BEING CONSTRUCTED IN LINE WITH THE NOVEMBER APPLICATION OR WAS IT ALREADY CONSTRUCTED? UM, IT WAS APPROVED WITH THE NOVEMBER BUILDING STANDARDS APPLICATION.
SO, AND YOUR UNDERSTANDING IS THAT'S STILL ON TRACK TO BE CONSTRUCTED THE WAY IT WAS IN THE NOVEMBER APPLICATION? I WOULD LOOK TO, TO MR. COOK TO SPEAK TOWARDS WHERE THAT'S AT CURRENTLY.
I HAVE ONE QUICK QUESTION JUST FOR CLARITY HERE AND I'LL, I'LL DEFER TO, TO MY OTHER, UH, BOARD MEMBERS HERE.
SO THE, THE APPROVED BUILDING PERMIT SITE PLAN, CAN YOU, CAN WE PULL THAT BACK UP? THE GREEN? YEAH, THE GREEN WITH THE GREEN AROUND, YES.
SO ZACH, THIS IS WHAT WAS SUBMITTED BY THE APPLICANT, THIS EXACT DRAWING WITH THE FENCE ORIGINALLY? CORRECT.
THIS IS THE, WE HAVE THIS STAMPED IN OUR, OUR SYSTEM.
I HAVE A COUPLE FOLLOW UPS, BUT I, I'LL DEFER HERE.
DAN, WHY DON'T YOU GO, THIS MAY BE FOR THE APPLICANT, BUT UM, I, I NOTICED IN THE MATERIALS IT SAID THAT THE, UH, LINES RUNNING UNDER THE AREA WHERE YOU'D HAVE TO BUILD THAT FENCE WOULD BE IMPACTED ELECTRICAL POOL LINES, THOSE SORT OF THINGS.
UH, IS THAT SOMETHING THAT WOULD'VE BEEN CONSIDERED WHEN THE ORIGINAL APPROVAL WAS DONE OR IS THAT THE RESPONSIBILITY OF THE APPLICANT TO, UH, DECIDE WHERE THEY'D LIKE, YOU KNOW, THEIR JOB TO KNOW WHAT THOSE POSTS ARE LIKE UPFRONT? ARE YOU ASKING IF, IF I CAN JUST REPEAT THE QUESTION? ARE YOU ASKING IF THAT IS SOMETHING THAT IS DETERMINED? THE, THE LINE IN WHICH THOSE RUN IS DETERMINED BY THE CITY OR BY, BY THE APPLICANT? I GUESS WHAT I'M ASKING IS WOULD, AND THIS PROBABLY IS MORE FOR THE APPLICANT NOW, I THINK ABOUT IT, BUT WOULD IT BE REASONABLY KNOWN FOR, UH, SOMEBODY DESIGNING THAT PROJECT THAT THOSE LINES WERE THERE? SURE, I WOULD, I WOULD, I'LL WAIT, WAIT TO THE APPLICANT FOR THAT.
PATRICK, DO YOU HAVE ANYTHING? JOE, YOU GOOD, ZACH? WHERE, WHERE THE UTILITY LINE IS IN GENERAL IS, COULD THAT BE A SPECIAL CONDITION ON A CASE? IT COULD BE A SPECIAL CONDITION, YES.
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YEP.IS THERE A WAY WE CAN PULL UP THE, UM, THE PHOTOS THAT THE APPLICANT SUBMITTED, ZACH? BECAUSE I WANT TO ASK YOU JUST A, A BRIEF QUESTION ON THAT.
LIKE THE DRAWINGS, LIKE THE, UM, THE SITE PLAN, NOT THE PHOTOS.
NO, THERE WAS LIKE A, A SERIES OF DRAWINGS AND LIKE RENDERINGS.
I KNOW THAT WE CAN ASK THE APPLICANT A COUPLE QUESTIONS HERE, BUT ZACH, SO IF I'M LOOKING AT THIS ACTUAL PICTURE IS A, IS A GOOD, IS A GOOD ONE HERE BECAUSE THIS IS NOT WHAT WAS ACTUALLY REQUESTED, RIGHT? CAN WE GO TO THE, THE TOP ONE ON, OR THE, THE, TRYING TO THINK.
THERE'S LIKE A DRAWING FROM THE REVERSE OF THE, FROM THE BACK OF THE HOUSE.
ALRIGHT, SO THIS IS THE ONE THAT IS WHAT IS BEING REQUESTED, CORRECT? CORRECT.
BUT THE ONE YOU SHOWED, EXCUSE ME, THE ONE YOU SHOWED BEFORE WAS THE ORIGINAL? THAT'S THE ORIGINAL APPROVED.
I DON'T THINK THAT WAS THE ORIGINAL ONE EITHER.
MY UNDERSTANDING IS THIS IS TO SHOW IF THAT SECTION OF FENCE WERE TO MEET THE REQUIREMENTS WHERE IT WOULD BE CUTTING INTO THE APPROVED PATIO SPACE AND I AGAIN LOOK TO THE PROPERTY OWNER TO CORRECT.
SO WE SO WHAT YOU'RE, SO THE, THE, THAT'S, THAT'S, THAT'S FAIR.
SO THE PHOTO THAT WE HAVE UP NOW, WHERE THE FENCE IS LOCATED WOULD WOULD NOT BE VIOLATIVE OF THE, UM, THAT THE SETBACK? CORRECT.
IT WOULD, IF IT IS WITHIN THAT 10 FOOT BUFFER AROUND THE POOL, WHICH IT IS A LITTLE UNIQUE JUST BASED ON THE LAYOUT OF IT, THIS WOULD BE APPROPRIATE.
AGAIN, THAT WOULD NEED TO BE REVIEWED, BUT IT WOULD, IT COULD MEET SIMILAR TO THIS.
EVERYBODY ELSE HAVE ANYTHING FOR A SEC? OBVIOUSLY WE CAN CALL 'EM BACK UP.
I JUST WANNA MAKE SURE, JUST ONE LAST ONE.
JUST LOOKING AT THE PICTURE, DO YOU HAVE ANY IDEA WHAT THE, UH, LOWEST SETBACK IS BETWEEN THE RESIDENTS IN THAT SIDE YARD? I JUST NOTICED ON THIS PICTURE, YOU KNOW, THE SETBACK LINE LOOKS LIKE IT GOES, IS THAT THE, THE BLUE LINE IS NOT THE SETBACK, BUT THE PROPERTY LINE, IT'S PROPERTY LINE.
AND SO IS THERE ANY SETBACK THERE FOR THE HOUSE ITSELF? UM, THE SETBACK WOULD BE 25 FEET FROM THE REAR PROPERTY LINE.
SO THAT'S THE SAME FOR THE HOUSE FROM THE REAR AS WELL AS THE ANY FENCE OR PATIO.
ZACH, IN, IN YOUR JUDGMENT, IS IT POTENTIALLY TRUE THAT THE UTILITY LINE AT THIS PROPERTY IS IN A UNIQUE LOCATION OR IS IT IN A LOCATION CONSISTENT WITH MOST PROPERTIES? THE UTILITIES FOR THE, THE POOL? YES.
I'M NOT AWARE OF HOW THESE LINES LAY OUT FOR, FOR OTHER PROPERTIES, BUT THIS IS SOMETHING THAT WAS INSTALLED WITH THE POOL.
SO THIS IS SERVICING THAT POOL.
SO I DO, AGAIN, I'D LOOK TO THE APPLICANT TO EXPLAIN WHETHER THOSE WERE THERE PRIOR TO THIS POOL BEING HERE.
WE'LL PROBABLY BE CALLING YOU BACK UP, UH, APPLICANT.
MR. COOK, IF YOU COULD STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD, PLEASE.
TIM FALLS DRIVE, DUBLIN, OHIO 4 3 0 1 6.
AND IF YOU WANT TO GO WITH YOUR PRESENTATION.
YEAH, SO, UM, REALLY IF WE, WE CAN REFERENCE SOME OF THOSE SLIDES, ZACH, THE CHAT UP.
FIRST AND FOREMOST, THANKS TO YOUR HELP THROUGHOUT THIS PROCESS AND I'VE ASKED YOU A LOT OF QUESTIONS ALONG THE WAY.
SO, UH, REALLY THERE'S, IN MY OPINION HERE, THERE'S A TEXTBOOK LEGAL INTERPRETATION OF THE CODE, AND CERTAINLY THE CODE WAS WRITTEN FOR A REASON.
UH, MY PLEAD TO YOU IS MORE FROM THE KIND OF REAL WORLD INTERPRET INTERPRETATION OF WHAT YOU'RE SEEING.
SO, UH, FIRST IF YOU CAN GO TO THE, UH, THE PDF THAT WAS ATTACHED THAT SHOWS THE DISTANCES FROM THE REAR PROP.
YEAH, IT'S KIND OF HARD TO SEE IF YOU, IF YOU CAN SEE THERE, BUT THE MEASUREMENTS ARE FROM THE REAR SETBACK, UH, FROM THE REAR PROPERTY LINE RATHER TO THE SETBACK.
SO YOU SEE RIGHT THERE WHERE THE LINE SAYS, UH,
[00:30:01]
20 FEET, 25 FEET, TWO INCHES TO THE STEPS.THAT'S THE, THE DISTANCE WE'RE WORKING OFF OF ACROSS THE BACK.
AND YOU CAN SEE HOW THE PROPERTY LINE KIND OF ANGLES FROM THE TOP LEFT THERE DOWN TO THE BOTTOM RIGHT.
SO IT'S NOT A STRAIGHT LINE ACROSS THE BACK.
SO WHEN WE PUT THE POOL IN, WE, WE TILTED THE POOL JUST IN THE, YOU KNOW, THE CORRECT MANNER TO MAKE SURE THAT WE MET THE, THE SETBACK REQUIREMENTS.
AND THEN AS YOU'RE GOING THROUGH THIS PROCESS AS A HOMEOWNER, YOU DON'T REALLY THINK THROUGH, UH, A FENCE AT THAT POINT, RIGHT? BECAUSE ONE OF THE CONVERSATIONS, UH, WAS BROUGHT UP ABOUT A HARDCOVER.
THAT WAS ONE THING THAT OUR POOL CONTRACTOR MENTIONED TO US.
AND THEN WHEN WE GOT FURTHER INTO THE CONSTRUCTION, WE STARTED TALKING ABOUT THE FENCE.
SO THE FENCE WAS SUBMITTED AS PART OF THE POOL PERMITTING, UH, TO GET THINGS APPROVED AND GET THE CONSTRUCTION GOING.
UH, WHAT YOU'RE SEEING THERE THOUGH IS, IS MEETING THOSE REQUIREMENTS WHERE THE POOL IS AT.
SO FROM A REAL WORLD INTERPRETATION OF IT, WHAT I STRUGGLE WITH TO UNDERSTAND IS WE'RE ALREADY 10 FEET BACK INTO THE SETBACK FOR ABOUT A 40 FOOT SECTION, WHICH IS HOW LONG THE POOL IS.
ALL WE'RE SIMPLY ASKING FOR IS TO THE LEFT, TO CONTINUE THAT FOR ANOTHER 30 TO 40 FEET, UM, EVEN FIVE FEET, HONESTLY WOULD BE, WOULD BE TREMENDOUS FOR WHAT WE'RE TRYING TO DO WITH THAT, WITH THAT PROJECT.
BECAUSE TO YOUR QUESTION, UH, REGARDING THE UTILITY LINES, UH, THOSE WERE NOT THERE UNTIL, UH, THE POOL WAS CONSTRUCTED, WHICH WAS AFTER THE SCREAM PORCH PROJECT WAS STARTED.
SO AS A HOMEOWNER, AGAIN ADMITTEDLY DID NOT HAVE THE FORESIGHT TO KNOW THAT, UH, THESE UTILITY LINES WOULD BE RIGHT ON A 25 FOOT SETBACK, UH, WHERE THEY'RE LISTED NOW.
SO, UH, A COUPLE MOVING PARTS TO THAT, BUT I THINK THAT THE BIG THING TOO, IT IS WE'RE BEHIND US TO THE, THE SPECIAL CIRCUMSTANCES IN MY OPINION, THERE'S NOBODY THERE.
WE'RE BACK UP TO THE PRESERVE.
THE CLOSEST HOUSE IS THREE, MAYBE 400 YARDS AWAY, UH, TO THE DIRECT REAR OF THE PROPERTY.
THE NEIGHBORS TO THE LEFT AND TO THE RIGHT.
UH, DON'T HAVE A DIRECT SIGHT LINE OF ANY OF THESE, UH, THE FENCE AT ALL.
AND YOU CAN SEE THAT IN SOME OF THE PICTURES THAT I SUBMITTED.
UM, I THINK THE, THE OTHER PART TOO WOULD BE FROM THE UNDERGROUND UTILITY LINES.
THERE'S A WATER LINE FOR THE POOL, A GAS LINE, AND AN ELECTRIC LINE.
AND THAT PICTURE I SUBMITTED WITH THE, UH, TAPE MEASURE IS EXACTLY FROM THE 25 FOOT, UH, REAR PROPERTY LINE.
AND IF YOU CAN SEE ALMOST THE, THE TRENCHING THAT'S BEEN DONE THERE, THE DISTURBED GROUND, THAT'S EXACTLY WHERE THE POOL LINES ARE THAT WERE ALREADY APPROVED BY DUBLIN INSPECTORS AND, AND PASSED CODE AND SO FORTH.
SO WE HAVE AN ISSUE THERE JUST IN GENERAL.
SO, UH, WHAT WAS ORIGINALLY SUBMITTED REGARDING THAT FENCE, IF YOU CAN GO BACK TO THE, THE GREEN KIND OF BOXED VIEW, UH, THE, SORRY, THE THE POOL PLANS, THE CONSTRUCTION PLANS? YEAH.
AND THE ONE THAT SHOWS THE GREEN FENCE.
SOME, THERE'S A LOT OF PICTURES HERE.
THAT, THAT WAS PRETTY GOOD BY THE WAY.
I THOUGHT THAT LOOKED PRETTY GOOD.
THE CONSTRUCTION PLANES THAT SHOW THE, THE GREEN BARRIER GOING ALL, YOU KNOW, THE FENCE GOING ALL THE WAY UP TO THE HOUSE, CONNECTING TO THE, YEAH, THAT ONE.
SO THE, UH, HOW TO DESCRIBE THIS, THE BOTTOM LEFT CORNER OF THAT GREEN BOX CLOSEST TO THE HOUSE, UH, WE AMENDED, UH, A REVISED RATHER OUR SCREEN PORCH EDITION TO ADD IN A OUTDOOR KITCHEN.
SO THERE'S NOW AN OUTDOOR KITCHEN THAT TAKES UP A 12 FOOT BY 12 FOOT AREA, UH, IN THAT BOTTOM LEFT HAND CORNER.
SO IT, WHAT PROMPTED A LOT OF THIS CHANGE TO WITH THE FENCE WAS, UH, THE DESIGN FACTOR OF HAVING A FENCE CUT OFF THE ENTIRE PROPERTY WHEN YOU'RE WALKING FROM THE REAR OF THE PROPERTY OUT TO THE, TO THE POOL AREA.
SO, UH, THE IDEA THERE WOULD BE JUST TO EXTEND IT, AND THAT'S THE PICTURE I SENT ZACH.
IF YOU GO TO THE 3D RENDERING, THE ONE THAT WOULD, UH, THE OTHER, THE 3D WHERE IT SHOWS IT CUTTING BACK IN, YEAH, THAT ONE.
SO THIS, THIS WAS MY SUBMISSION TO SHOW WHAT THE CODE REQUIRES AND FOR US TO MEET THE CODE.
THE PROBLEM IS WHERE IT CUTS BACK IN TO ON THE STEPS SIDE OF THE POOL AND GOES STRAIGHT TO THE LEFT, THAT'S RIGHT ON TOP OF THOSE UTILITY LINES, THOSE UNDERGROUND UTILITY LINES.
SO THE REQUEST WAS TO JUST EXTEND THE FENCE IN A, A LINEAR MANNER FROM THE RIGHT SIDE OF THE PROPERTY TO THE LEFT AND CONNECT IT INTO THE SCREEN PORCH OVER THERE AND JUST, UH, AGAIN, IT'S ANOTHER 30 FOOT SECTION OF EXTENDING IT INTO THAT SETBACK.
SO, UM, I KNOW I HAD A LOT OF QUESTIONS ON THAT.
LEMME JUST SEE IF THERE'S ANYTHING ELSE ON MY NOTES HERE BEFORE WE OPEN IT UP FOR THAT.
UM, AND ONE OF THE CRITERIA STATEMENTS I MENTIONED WAS, OR, OR I GUESS ONE OF THE REQUIREMENTS OF THE STATEMENT IS TO SAY, YOU KNOW, ARE THE ISSUES THAT ARE BEING PRESENTED OR THE REQUEST FOR THE VARIANCE, UH, THE FAULT OF THE HOMEOWNER OR, OR ACTION OF MYSELF AND, UH, CERTAINLY BUILDING A SCREEN PORCH, YES, WE DID THAT.
UH, AT THAT POINT, DID WE KNOW THE POOL WAS GONNA GO IN, WE HAD NO IDEA WE'RE GONNA DO THE POOL.
IT JUST KIND OF HAPPENED THAT WAY.
SO IF WE HAD KNOWN IN ADVANCE THAT THE, YOU KNOW, THE POOL LINES WE NITIALLY WITH A FENCE OR A POOL BARRIER, UH, OF COURSE WE COULD HAVE ADJUSTED THINGS, BUT WE WERE BEYOND THAT AT THAT POINT, YOU KNOW, IN TERMS OF THE PROJECT AND WHERE WE WERE IN CONSTRUCTION.
UM, SO I THINK JUST OVERALL, AGAIN, I UNDERSTAND THE CODE, IT'S WRITTEN FOR A REASON.
I THINK IT'S MORE FOR PROPERTIES THAT BACK UP TO EACH OTHER.
YOU KNOW, IF WE HAD A NEIGHBOR RIGHT BEHIND US,
[00:35:01]
YOU CERTAINLY DON'T WANT YOUR FENCE RIGHT UP ON THEIR PROPERTY LINE AND VICE VERSA.UH, BUT I THINK THE UNUSUAL CIRCUMSTANCES HERE ARE TO THE FACT THAT WE ARE IN A PRESERVE.
THERE'S NOBODY AFFECTED TO THE LEFT OR THE RIGHT OF US AS FAR AS NEIGHBORS ARE CONCERNED, AND WE'RE LOSING QUITE A SIGNIFICANT AMOUNT OF USABLE SQUARE FOOTAGE IF WE HAVE TO ANGLE THE FENCE IN AT THAT POINT ON THE CORNER.
UH, JOEL, DO YOU WANT TO KICK OFF? YOU HAVE QUESTIONS? GO AHEAD.
WERE ANY OF THE THANK YOU FOR YOUR PRESENTATION, WERE ANY OF THE UTILITY LINES THERE BEFORE YOU CONSTRUCTED THE POOL? NO.
UM, SO I HEAR YOU ON LIKE THE FRUSTRATION WITH FORESIGHT AND HINDSIGHT'S 2020.
ARE, ARE THERE ANY REASONS YOU CAN POINT TO FOR NEEDING THE VARIANCE THAT, OR THINGS THAT YOU DID NOT DO? YEAH, UH, SO IF YOU CAN PULL UP THE PICTURE YOU JUST HAD UP ZACH OF THE FENCE CUTTING IN THERE TOWARDS THE PATIO.
SO IN THE CENTER OF THE KIND OF LEFT SECTION OF THAT, OF THE YEAH, RIGHT, RIGHT ABOUT THERE.
UH, THE MIDDLE PART OF THAT FENCE, RIGHT WHERE IT'S AT, UH, AGAIN, HINDSIGHT 2020, THERE IS AN UNDERGROUND GAS LINE THERE THAT'S PLUMBED FOR A FIRE PIT.
AND SO WAY THE WAY THE FENCE IS CURRENTLY LINED UP, THE FIRE PIT WOULD BE ABOUT THREE FEET FROM THAT FENCE.
AND SO IN ORDER TO, TO FIX THAT, WE'D HAVE TO AGAIN, GO BACK AND RETRENCH AND MOVE THINGS AROUND AND, AND ADJUST THAT, WHICH, UH, AGAIN, COULD IT BE DONE? PROBABLY.
UH, BUT I THINK AGAIN, JUST FROM THE REASONABLE STANDPOINT OR THE, THE LOGICAL STANDPOINT OF LOOKING AT THE DE AT THE DESIGN, I'M JUST STRUGGLING TO UNDERSTAND WHAT, UM, WHAT THIS REQUEST WOULD DO TO HARM ANYBODY ELSE OR, OR, YOU KNOW, ANY UNUSABLE CIRCUMSTANCES OR FACTS THAT WOULD CHANGE, UH, THE OPINION OF, OF A REASONABLE MIND.
LOOKING AT THIS, DID YOU, AND SO FOR THE, THE, YOU SAID THE GAS LINE FOR THE FIRE PIT? YEP.
DID YOU HAVE THAT PUT IN? YEAH, I DID.
I WAS GONNA CLARIFY THE ORDER OF THINGS THERE TOO.
DID, UH, YOU KNOW, YOU WANTED THE FIRE PIT LINE IN? WAS THAT AFTER THE PLAN FOR THE POOL? SO, YEAH, GREAT QUESTION.
SO THE PROJECT STARTED WITH, WITH THE SCREEN PORCH AND THEN IT EXTENDED INTO THE, TO THE, UH, POOL AREA.
PART OF THE POOL CONSTRUCTION WAS, HEY, WHILE YOU'RE DOING THIS TO BE CONSIDERED WHAT YOU'RE GONNA DO FOR YOUR PATIO AND, AND WHILE WE'RE HERE, WE CAN JUST GET THIS DONE AT THE SAME TIME.
SO I SAID, YEAH, THAT'S GREAT.
LET'S JUST, LET'S GET THINGS PLUMBED AND, AND PRE-WIRED.
SO WE DID THAT NOT ONLY FOR THE, UH, THE OUTDOOR KITCHEN AREA, BUT ALSO THAT, THAT, UH, GAS LINE FOR THE FIRE PIT.
I, I DO HAVE A, A QUESTION FOR YOU, UH, TYLER, THE, THE ORIGINAL PLAN, UH, THE APPROVE SITE PLAN, ZACH, IF YOU COULD BRING THAT UP PLEASE.
WILL WOULD THIS, AS CURRENTLY, IF THIS WAS TO BE INSTALLED, WOULD THIS CONFLICT WITH THE UTILITIES FOR THE, UM, THE ELECTRIC, THE POOL WATER AND THE GAS? UH, IT, IT WOULD IN A, IN A CERTAIN AREA, NOT, UH, IF YOU LOOK AT THE TOP THERE, YOU CAN SEE WHERE IT SAYS, UH, GAS LINE AND IT'S KIND OF GOT THE ARROW AND HOW IT CUTS THROUGH THERE.
SO THE FENCE CUTS DIRECTLY THROUGH THAT.
NOW IS IT POSSIBLE LIKE A PIECE OF SECTION OF FENCE COULD GO OVER THAT? POSSIBLY, BUT THE WHOLE ISSUE WITH THE FENCE TOO IS WE HAVE TO GET DOWN BELOW THE FROST LINE.
UH, JUST WITH THE GAS LINES AND WATER LINES IN GENERAL, THOSE ARE 24 INCHES DOWN AND WE GOTTA GO 30 INCHES, UH, FOR THE, FOR THE FENCE.
BUT IT DOES CUT, CUT CUTS RIGHT ACROSS THOSE UTILITY LINES.
HOW BIG ARE WE TALKING? SIX FOOT SECTIONS OF FENCE.
YOU KNOW, A BLACK ALUMINUM FENCE, YOU KNOW, NORMAL.
SO IT WAS A PRETTY GOOD GAP OF SPACE.
YOU COULD MAKE SURE THAT A POST ISN'T STUCK IN IT.
SO YOU'RE, WERE THE UTILITY LINES, UH, INSTALLED CONSISTENT WITH THE ORIGINAL PLAN WITH WHAT THEY'RE SEEN ON THE SCREEN? YES.
THAT'S THE CONSTRUCTION PLANS FROM THE POOL COMPANY.
I GUESS THAT'S WHERE I STRUGGLE A LITTLE BIT IS THAT YOU, YOU HAVE THE APPROVED PLANS THEN THE, THE REAL CHANGE WAS PUTTING IN THE PATIO, HAVING THOSE LINES GO IN.
AND SO NOWHERE IN THERE DID THE, UM, I GUESS LANDSCAPE OR LANDSCAPE ARCHITECT TO DESIGN IT.
UM, CONSIDER THAT THAT MIGHT BE A PROBLEM TO, YOU KNOW, PUT THE FENCE POSTS IN AFTER THAT.
WHAT I, WHAT I'VE LEARNED THROUGH THIS PROCESS IS THERE'S A, THEY'RE LOOKING OUT FOR WHATEVER THEIR ROLE IS IN THE PROJECT, NOT THE BIGGER PICTURE.
AND, AND, UH, TAKING ON THE GENERAL CONTRACTOR ROLE MYSELF WAS, UH, WAS EYE-OPENING, SO YEAH.
THAT, THAT DEFINITELY LEARNED THAT.
BUT THEY'RE ALL KIND OF CONCERNED ABOUT THEIR ROLE AND WHAT THEY GOTTA GET DONE
[00:40:01]
AND NOT LOOKING AT THE, THE OTHER PARTS.ANYTHING JULIE? GOOD THINKING.
PATRICK, YOU, YOU GOT ANYTHING? I'LL GO KEEP THINKING.
ZACH, COULD YOU BRING UP THE ONE, UM, OH, I GUESS LEMME ASK THIS, TYLER, WHAT KIND OF CONVERSATIONS HAVE YOU HAD WITH THE CITY ABOUT TRYING TO COME UP WITH A SOLUTION BEFORE BRINGING THIS, UM, APPEAL
UH, I'VE HAD ZACH OUT TO THE PROPERTY, UH, TO WALK IT WITH ME.
UH, BUNCH, BUNCH OF EMAILS, PHONE CALLS, UH, JUST, JUST TRYING TO DO THE RIGHT THING FROM FROM DAY ONE, RIGHT.
AND THAT'S BEEN THE WHOLE PROJECT, UH, FOR THE POOL PIECE, BUT THE PATIO AND, AND OF COURSE THE SCREEN PORCH.
UM, SO THAT'S, THAT IS KIND OF PART OF MY FRUSTRATION IS AS A HOMEOWNER, YOU, YOU TRY TO DO THE RIGHT THING, SET YOURSELF UP FOR SUCCESS, FOLLOW ALL THE RULES, UH, AND THEN KIND OF LATER IN THE PROJECT YOU REALIZE, WAIT, HOLD ON, I DIDN'T REALIZE THIS WAS GONNA BE AN ISSUE DOWN THE ROAD.
AND IT SEEMS THERE'S LIKE A LOGICAL SOLUTION TO, TO GET THROUGH THAT.
BUT I'VE TRIED TO USE THE RESOURCES AVAILABLE TO US AS A HOMEOWNER.
AND ZACH, AGAIN, YOU'VE BEEN VERY HELPFUL THROUGHOUT THE PROCESS TO, TO WALK ME THROUGH THAT AND, AND VISIT IN PERSON.
BUT THERE'S BEEN PHONE CALLS, EMAILS, UH, IN PERSON COMMUNICATION PICTURES.
I MEAN, IT'S, IT'S BEEN EXTENSIVE.
CAN YOU PULL UP THE ONE, UM, THE RENDERING WITH, WITH A, THE KIND OF, THE, THE CUT A LITTLE BIT? LIKE WHAT WOULD BE ACCEPTABLE? YEAH.
SO TYLER, THIS THIS BOTTOM RIGHT PICTURE, UM, THIS IS SOMETHING THAT, HAVE YOU TALKED WITH YOUR POOL CONTRACTOR, THE, UM, THE CONTRACTOR RELATIVE TO THE, THE PATIO OR THE LANDSCAPING? IS THAT A WORKABLE SOLUTION THAT'S THERE? I KNOW THAT LET'S ASSUME FOR THE PURPOSES THAT YOU COULD GET MAYBE A, A FOOT MORE OFF OF THE PATIO TO NOT, NOT CONFLICT POTENTIALLY WHERE THE, THE FIRE PIT IS.
IS THAT SOMETHING THAT YOU'VE CONSIDERED? I MEAN, HONESTLY, FIVE FEET WOULD DO IT.
IF, IF YOU, IF YOU KEPT THAT SAME ANGLE AND WE CUT IN AT THE TOP LEFT THERE BY THE STEPS, IF WE'RE ABLE TO JUST GET FIVE FEET INSTEAD OF 10 FEET, THAT THAT WOULD BE A USABLE SOLUTION.
'CAUSE THE FIRE PIT WOULD THEN BE ABLE TO, UH, BE SURROUNDED BY, BY CHAIRS AND HAVE A FUNCTIONAL SETUP.
WHAT'S THE, WHAT HE'S ASKING FOR WHAT? 10? YES.
UM, SO I'M JUST TRYING TO COME UP WITH SOMETHING.
ISN'T THE OTHER OPTION TO MOVE THE FENCE IN.
CAN'T YOU ALSO HAVE A STRAIGHT LINEUP? YOU BROUGHT THAT FENCE DOWN.
YEAH, BUT IT'S NOT GOING, IT, I THINK IT'S STILL GONNA CUT TO WHERE THE, THE PROPOSED YOU'RE ONE FOOT LINE.
I'M SAYING IT'S NOT IN THERE YET.
SO THERE'S A WAY TO MAKE THIS THE, IF THE, THE GOAL IS TO MAKE THE FENCE STRAIGHT, THERE'S A WAY TO DO IT.
NOT, I DON'T THINK, I'M JUST TRYING TO COME UP WITH LEAVING THE, THE PART THAT'S NEAR THE, YOU DON'T WANT THE FENCE RIGHT ON TOP OF THE POOL.
THAT'S WHAT, THAT'S WHAT I THOUGHT YOU WERE SAYING.
NO, WHAT I'M SAYING IS LIKE, SO THE, UH, IF WE'RE LOOKING AT TO WHERE THE NORMAL PATIO IS NOT WHERE THE POOL DECK PATIO IS BETWEEN PORTION BETWEEN THE SCREEN AND PORCH AND THE POOL, YOU'RE TALKING RIGHT.
THAT WHERE THAT, WHERE IT CUTS DOWN, HE'S ASKING FOR 10, BUT WOULD ACCEPT SOMETHING LESS MAYBE TO GET, IT LOOKS LIKE IT'S ON THE PATIO.
SO THERE'S NOT A FIRE PIT IN THIS DRAWING.
IT'S NOT THERE IN THE DRAWING.
SO CAN YOU, THE FIRE PIT'S ALREADY PUT IN THE, THE IT'S PULLING YEAH.
BUT THE BUT THE, THE FIRE PIT ITSELF IS THE STRUCTURE.
SO WHY DON'T YOU MOVE IT CLOSER TO THE HOUSE? IS IT, WOULD THAT VIOLATE THE CODE? BECAUSE I KNOW THERE'S, IS IT SIX FEET? I CAN'T REMEMBER WHAT THE REQUIREMENT IS IT 10? THERE'S A CODE FROM THE HOUSE I KNOW FOR THE FIRE PIT FOR, I DON'T KNOW IT OFF THE TOP OF MY HEAD, UNFORTUNATELY.
YOU KNOW WHAT I'M TALKING ABOUT THOUGH.
IS THERE A WAY THAT YOU COULD MOVE THE FIRE PIT AWAY FROM THE FENCE TOWARDS THE HOUSE? MORE LIKE CLOSER TO THE CENTER OF THAT AREA? NOT IN THE CENTER, BUT CLOSER TO IT.
UM, THERE, I MEAN, THERE PROBABLY IS A WAY TO, TO DO THAT AS FAR AS THE CONSTRUCTION AND WHAT THAT ALL REQUIRES.
THEY, I MEAN, THE PAPER PATIO IS ALREADY BASED AS FAR AS WHERE WE'RE AT IN THE CONSTRUCTION.
IT'S BEEN UPDATED SINCE THE PICTURES I SENT A FEW WEEKS AGO.
UM, SO THAT WOULD REQUIRE ANOTHER HARDSHIP ON OUR END TO, TO REDO THAT UNFORTUNATELY.
BUT I MEAN, FIVE, FIVE FEET HONESTLY FROM THAT, WHAT YOU'RE SEEING, INSTEAD OF 10 FEET, FIVE FEET WOULD BE A, UH, THAT, THAT THAT'D BE A VERY WORKABLE SOLUTION AND NOT HAVE TO, UM, GO THROUGH ANOTHER CONSTRUCTION PROCESS ON THE, ON THE GAS LINES.
WAIT, IS THE STAND, YOU'RE SAYING THE SAND CONCRETE'S ALREADY IN NOW THE, THE, UH, BASE.
SO THAT, YOU KNOW, THE, THE, UH, WHAT DO THEY CALL IT? THE BASE, THE SAND? YEAH.
UH, YEAH, THEN ALL THE ROCKS AND FOUNDATION.
SO THEIR NEXT STEP IS LITERALLY NEXT WEEK PUTTING DOWN, DOWN PAVERS.
I'VE GOT TWO QUESTIONS FOR YOU.
[00:45:01]
FIRST ONE, CAN YOU JUST SPEAK TO THE GEN WHAT THE GENERAL REQUIREMENT IS FOR A SWIMMING POOL BARRIER? LIKE WHEN DO YOU HAVE TO HAVE A SWIMMING POOL BARRIER? SO A SWIMMING POOL BARRIER IS REQUIRED WITH ALL SWIMMING POOLS IN THE CITY NOW.UM, SO THE, THE ONLY PREFERENCE TO IT IN, IN TERMS OF, UM, THE LOCATION OF IT.
SO IT HAS TO FULLY ENCLOSE THE SWIMMING POOL.
UM, IT CAN USE, YOU CAN USE THE HOUSE AS PART OF THAT PERIMETER IF YOU'RE DOING THAT.
THERE ARE BUILDING CODE REQUIREMENTS ABOUT LOCKS ON DOORS AND WINDOWS.
UM, SO YOU'RE SEEING IN SOME OF THESE, THE RENDERINGS, THEY'RE USING THE EDGE OF THE HOUSE THAT IS CONSIDERED A BARRIER.
UM, THE ONLY WHERE IT DIFFERS FROM FENCES IS THE ALLOWANCE FOR IT TO ENCROACH INTO THE REAR YARD.
SO IN THIS CASE, THE POOL IS BUILT TO 25 FEET FROM THE REAR PROPERTY LINE.
THE PATIO IS BUILT TO, TO 20 FEET.
IT'S NOT REALLY LOOKING AT THE PATIO, BUT IT'S LOOKING AT THE EDGE OF THE POOL.
SO THAT'S WHERE IT HAS A, SOME SPECIAL EXCEPTIONS TO WHAT A TYPICAL FENCE WOULD BE.
BUT AGAIN, IT IS, IT'S REQUIRED WITH ALL POOLS IN THE CITY.
CAN IT, SO THEN THE SECOND QUESTION, NOR ARE SWIMMING POOL BARRIERS, CAN A FENCE BE WITHIN THE 10 FOOT OR COULD A FENCE BE THAT CLOSE TO THE EDGE OF THE PROPERTY LINE? IT COULD NOT, NO, NOT WITHOUT A VARIANCE.
IF THAT WERE APPROVED WHEN WE'RE LOOKING AT THE PICTURE, THE BOTTOM RIGHT PICTURE, UM, AS IS WOULD NOT REQUIRE ANY VARIANCE I THINK WE ESTABLISHED.
WHEN I LOOK AT THAT PICTURE, AND THIS MIGHT JUST BE THE, A VISUAL TRICK, BUT IT SEEMS LIKE EXTENDING FIVE MORE FEET BEFORE THAT JUTS DOWN WOULD ALSO NOT REQUIRE A VARIANCE.
ARE YOU ASKING ON THE, THE FAR RIGHT SIDE OF THE, THE IMAGE? UM, BOTTOM RIGHT OF OR BOTTOM RIGHT IMAGE.
AND THEN, UH, BASICALLY THE CENTER WHERE WE'RE TALKING ABOUT THE PATIO AND THE POOL DECK.
WE HAVE THE FENCE MEETING, KIND OF THAT INTERSECTION AS IT TURNS DOWN.
IF I UNDERSTAND IT, THE FIVE FOOT VARIANCE WE'RE DISCUSSING WOULD BE FIVE MORE FEET BEFORE THAT SLAMS DOWN.
BUT WHEN I LOOK AT THIS PICTURE, IT DOESN'T, IT SEEMS THAT THE PROPERTY LINE GETS FURTHER AWAY THERE.
SO WOULD THAT REQUIRE ANY VARIANCE TO GET THOSE OTHER FIVE FEET? LEMME PULL UP THE, THE SCALED SITE PLAN HERE.
MAYBE THAT CAN, CAN HELP US OUT HERE EXTENDING PAST, RIGHT? LIKE RIGHT HERE LOOKING AT THE PICTURE.
WHILE YOU'RE DOING THAT, UH, CAN I ASK A, A QUESTION ABOUT, UM, LIKE THE NATURE OF THE FENCE THAT, UH, WOULD IT BASICALLY ENCIRCLE THE, UH, THE SWIMMING POOL? IS, IS THERE A REQUIREMENT THAT IT, UM, LOOK A CERTAIN WAY OR THAT POSTS, UM, UH, ARE SPACED, UH, A CERTAIN NUMBER OF FEET BETWEEN EACH OTHER? OR ARE THERE ANY REGULATIONS IN THAT REGARD FOR ZONING REQUIREMENTS? UM, IT WOULD HAVE TO BE FOUR FEET TALL, AND THEN IT WOULD HAVE TO BE, CALL IT AN OPEN DECORATIVE FENCE.
SO BLACK ALUMINUM IS SOMETHING THAT WE SEE QUITE OFTEN WITH THESE TYPES OF BARRIERS.
SO IT WOULD DEFAULT TO THE REQUIREMENTS OF THE FENCE CODE, UM, OUTSIDE OF THE LOCATION AROUND THE FENCE.
SO IN TERMS OF THE SPACING OF POSTS, WE DON'T HAVE ANYTHING IN THE ZONING CODE THAT STATES THAT IT HAS TO BE THAT WAY.
UM, THERE'S SOME DIFFERENT REQUIREMENTS FOR OTHER TYPES OF FENCES, BUT FOR FENCES THAT APPLY TO THIS, IT'S PRETTY STRAIGHTFORWARD GENERALLY.
SO WOULD IT BE POSSIBLE TO, I I, I DON'T KNOW, THIS IS JUST MAYBE SORT OF ABSTRACT FOR ME.
UM, IT, WOULD IT BE POSSIBLE TO CREATE THE POSTS OF USING THE RECOMMENDED SCHEMATIC HERE, UH, AND SPACING THEM IN SUCH A WAY THAT THEY WOULD GO OVER TOP OF THE GAS LINE? OR WOULD THAT CAUSE SOME SORT OF UTILITY ISSUE? I'D LIKE TO THINK THAT'S POSSIBLE.
UM, BUT WITHOUT THE CONTRACTOR HERE, I WOULD NOT BE ABLE TO, TO ANSWER THAT.
NOT TO COMPLETELY, UH, NEUTRALIZE THE, THE, THE ARGUMENTS HERE, BUT IT SEEMS LIKE WE HAVE THE APPROVED PLAN AND THEN WHICH, WHICH RUNS, IT RUNS AFO OF THIS, UH, THE GAS PIPING, AND THEN WE HAVE THE ALTERNATIVE PLAN, WHICH WOULD COMPLETELY ENCIRCLE, UH, WHERE THE GAS PIPING IS.
UM, BUT I MEAN, I THINK THERE MIGHT BE ROOM FOR A COMPROMISE IN BETWEEN THE TWO WHERE THERE'S, YOU KNOW, A SPACING OVER TOP
[00:50:01]
OF THE, THE GAS PIPING, UM, THAT RUNS CLOSER TO THE, THAT THAT WOULDN'T NECESSARILY NEED THE VARIANCE AND WOULD RUN CLOSER TO THE SCHEMATICS THAT ARE LAID OUT HERE.UM, IT, UM, SO I, I GUESS, UH, IT, WHAT WOULD BE THE REASON TO SORT OF ENCIRCLE THE, UM, THE FULL GAS PIPING? UH, IS IT LIKE FOR AESTHETIC PURPOSES, IS IT THE MOST UTILITARIAN WAY OF, LIKE THE MOST AESTHETIC WAY OF, UH, SOLVING THIS UTILITARIAN PROBLEM? OR IS IT, UM, YEAH, WHAT WHAT WAS THE SORT OF REASON FOR THAT? WAS THAT YEAH, NO, GOOD QUESTION.
SO THE, THE ORIGINAL, YOU'RE TALKING ABOUT THE ORIGINAL DRAWING THAT BRINGS THE FENCE BACK UP TO THE HOUSE AND CUTS OVER THE GAS LINE.
UM, THE ALTERNATIVE DRAWING, UH, THE WHAT YOU ARE PROPOSING FOR VARIANCE? YEAH.
THEY WOULD SORT OF GO SOME, YEAH.
SO WE, WE AVOID THE, THE UTILITY LINES IS THE PRIMARY THING THAT, I MEAN, IT IS LITERALLY RIGHT ON TOP OF IT.
UH, AND THEN AGAIN WITH THE, THE FIRE PIT ISSUE AS WELL, UH, THAT ALLOWS THAT SPACE TO BE USED AS INTENDED.
AND THEN AGAIN, MY WHOLE THING TOO IS AGAIN, THIS IS THE, THE REAL WORLD VERSUS THE CODE PART OF IT, BUT WE'RE ALREADY 10 FEET BACK FOR THE MOST OF OUR YARD AND WE'RE ASKING FOR ANOTHER 20, PROBABLY 30 FEET IF YOU GO FROM WHERE THAT 45 DEGREE ANGLE IS OVER TO THE SCREEN PORCH.
AND WE COULD EVEN, I KNOW YOU DREW THE LINE ALL THE WAY TO THE SIDE.
WE, I WOULD EVEN BE THRILLED WITH CUTTING IT IN AT THE CORNER RIGHT THERE AND CONNECTING IT TO THE RIGHT SIDE OF THE SCREEN PORCH AT A FIVE FOOT SETBACK INSTEAD OF THE 10 FOOT, BUT CONNECTING, YEAH, RIGHT THERE.
I THINK THAT DAN, THAT'S YOUR, THAT THAT, THAT IS EXACTLY YOUR QUESTION.
COULD IT GO STRAIGHT ACROSS AND THEN CUT INTO THE RIGHT EDGE OF IT? RIGHT, RIGHT.
IT SEEMS TO ME THE ISSUE IS FROM GOING BEHIND THE, THE SCREENED IN PORCH, BUT I KNOW YOU WERE GONNA CLARIFY SOMETHING THERE.
YEAH, SO THE PROPERTY LINE DOES, IT IS NOT PARALLEL WITH THE BACK OF THE SCREEN PORCH, WHICH IS KIND OF WHAT YOU'RE SEEING WITH THE DIMENSIONS.
HOPEFULLY EVERYBODY CAN SEE 'EM TRYING TO ZOOM AS MUCH AS POSSIBLE.
BUT YOU CAN SEE THAT THERE ARE SEVERAL 25 FOOT CALL OUTS HERE.
UM, SO THERE IS, BASED ON THIS DRAWING, IT APPEARS THAT THERE IS SOME SPACE, UM, TO DO A RIGHT ANGLE HERE.
AGAIN, WITHOUT BEING ABLE TO CONFIRM THIS, I, I CAN'T CONFIRM THIS RIGHT NOW, BUT BASED ON THIS DRAWING, IT LOOKS LIKE THERE MIGHT BE AN OPPORTUNITY.
UM, BUT YOU DO STILL HAVE THIS ENCROACHING INTO THE 25 FOOT AS YOU GET BACK TO THE SWIMMING POOL.
BUT, AND I'M NOT HOLDING YOU TO THIS 'CAUSE YOU'RE NOT, YOU'RE JUST DOING IT FROM THIS DRAWING, BUT BECAUSE IT'S A POOL FENCE, THEY WOULD BE ALLOWED TO DO THAT.
IT LOOKS LIKE THERE'S ENOUGH ROOM FOR THAT TO COME STRAIGHT ACROSS, UNDER WHERE IT SAYS THIS, THIS STAMPED CONCRETE PORTION OF IT.
SO IF WE WERE LOOKING AT THIS HOW I HAD DONE IT, IF IT IS MEETING THIS SECTION, THEN YOU WOULD HAVE THIS SMALL WHERE MY CURSOR IS, THAT WOULD BE GREEN AND BE ABLE TO BE DONE.
UH, THE RED LINE GOING FROM THE EDGE OF THE GREEN THROUGH THAT APPROVED PATIO, THAT IS BECAUSE THOSE ARE NOT CONSISTENTLY 25 FEET AND IT'S BEYOND THE DISTANCE FROM THE POOL WITH WHICH YOU'D GET AN EXCEPTION FOR THAT.
SO IT'S OUTSIDE OF THAT 10 FOOT BUFFER AND IT IS WITHIN THE 25 FOOT SETBACK.
THOSE ARE THE TWO CRITERIA THAT IT DOES NOT MEET.
AND THAT'S WHERE THAT ANGULAR 10 FOOT MARKING BESIDE THE TWO RED ARROWS IS SHOWING.
THAT'S WHERE BASICALLY STOPS LEAVING THE, THE 10 FOOT PERIMETER AROUND THE POOL? CORRECT.
IS IT AROUND THE POOL ITSELF OR THE POOL DECKING? IT'S AROUND THE EDGE OF THE POOL.
SO WE WOULD TYPICALLY CONSIDER THAT THE EDGE WATER.
I THINK I GOT THE SOLUTION HERE.
I, I WANT TO GO BACK TO THE OTHER, UM, WE HAD THE DOUBLE RENDERINGS, YOU KNOW, YOU HAD THE, THE, THE KIND OF TWO PUT UP.
SO I, I'M, I'M STILL, I WANNA MAKE SURE I'M CLEAR ON THIS.
FOCUSING ON THE BOTTOM RIGHT PHOTO HERE, ZACH, IF, IF IT'S SOMETHING WHERE, SO I, AGAIN, I WANT TO CONFIRM BECAUSE I THINK THERE'S JUST GOING BACK AND FORTH THAT BOTTOM RIGHT ONE THAT WOULD NORMALLY, I MEAN IF, IF THAT'S WHAT THE HOMEOWNER WANTED TO DO, THAT COULD BE FINE.
SO WHAT WHAT I'M SAYING IS, IS THAT WITH WHEN, WHEN THE, WHEN THE, UM, AND I DON'T KNOW LIKE WITH THE, THE ACTUAL MEASUREMENT OBVIOUSLY, BUT WHEN THE, THAT ANGLE CUTS DOWN TOWARD FROM THE POOL TOWARD THE, THE, WHERE THE STAMP CONCRETE'S GONNA BE, THE OTHER ONE
[00:55:01]
NOT RIGHT, THE LEFT.I THINK I CAN CLARIFY FOR YOU.
THIS IS ALL AN EXCEPTION AS IS JUST BECAUSE CORRECT.
SO IF IT'S SOMETHING WHERE THE, WE'RE NOT GOING AS FAR DOWN MEANING, AND I THINK THIS IS, YOU KNOW, THE HOMEOWNER MENTIONED SOMETHING POTENTIALLY ABOUT WHERE IT'S, INSTEAD OF THE 10 FEET WHERE IT GOES ALL THE WAY PAST THE, UH, SCREENED AND PORCH, THAT IT THEN JUST GOES A LITTLE BIT DOWN AND THEN CUTS, RIGHT? CORRECT.
HAVE YOU MEASURED THAT RELATIVE TO WHERE THAT ANGLED PROPERTY LINE IS TO WHERE THAT, HOW CLOSE THAT ACTUALLY IS TO THE 25 FOOT? WE HAVEN'T.
UH, THIS IS, I DON'T BELIEVE THIS IS ONE OF THE LAYOUTS THAT WE HAD DISCUSSED PREVIOUSLY, BUT AGAIN, WE'D BE HAPPY TO DO THAT FOLLOWING THIS MEETING.
YOU CAN GET A PRETTY GOOD IDEA FOR IT ON THE YEAH.
SO I THINK IT'S THE ONE YOU'S GOT THE MOUSE ON RIGHT NOW IS THE PROBLEM, IS THE, THAT'S WHERE THE 25 FOOT ONE THAT'S, SORRY, WHERE, WHERE'S THE MOUSE? SORRY, I CAN'T SEE.
AND SO AS YOU MOVE RIGHT TO LEFT, IT'S, YOU INCREASE, INCREASE THE, RIGHT.
SO, BUT, SO LOOKING HERE, IF WE'RE, IT SEEMS LIKE THERE'S, THERE IS BECAUSE YOU'RE, YOU'RE STAMPED CONCRETE, WHERE DOES THAT STAMP CONCRETE RUN TO, UH, TYLER ON THIS, ON THIS PHOTO? DO WE, DO WE KNOW IT'S ABOUT, SO WHERE IT'S, SO IT'S PAVERS NOW, BUT THAT MATTERS.
BUT, UH, WE GOT THAT APPROVED.
THE, THE, UH, 25 FOOT STEPBACK IS UH, RIGHT WHERE THAT ARROW, RIGHT, WHERE THE YEAH, RIGHT.
ZACH, WHO'S, IS ZACH DOING THAT? YEAH.
SO THAT IS WHERE THE, THE PATIO IS GONNA GO TO.
IT'S GONNA BE RIGHT ON THE 25 FOOT LINE.
AND, AND THIS IS ANOTHER CONSIDERATION, AND, AND ZACH TAUGHT ME THIS TOO, THE PATIO CAN ACTUALLY GO FIVE FEET BACK RIGHT INTO THAT.
SO IF WE COULD COMPROMISE TO WHERE THE FENCE MEETS THAT 20 FOOT SETBACK INSTEAD OF 25, THAT ELIMINATES THE CURRENT CONCERN OF THE UNDERLYING GAS LINES.
UH, WE CAN 90 IT INTO THE SCREEN PORCH RIGHT THERE.
AND I THINK THAT WOULD BE A, A VERY REASONABLE SOLUTION.
SO, YOU KNOW, SO ZACH, THAT'S AN INTERESTING POINT.
SO IN THEORY, THEY CAN ENCROACH FIVE ADDITIONAL FIVE YARDS WITH THE PATIO, BUT IT CAN'T BE FOR THE FENCE THAT'S ACCOMPANYING THE POOL AND PATIO.
WHAT IF, WHAT IF THAT FENCE WASN'T FOR THE POOL? SO REGARDLESS, REGARDLESS WHETHER IT'S A CONSIDER A SWIMMING POOL BARRIER, WHICH IS THAT'S HOW WE WERE CONSIDERING THIS TONIGHT VERSUS A REGULATED FENCE, THE FENCE WOULD HAVE TO MEET THE SETBACK REQUIREMENTS THE SAME WAY THAT THE SWIMMING POOL BARRIER HAS TO OUTSIDE OF THAT BUFFER.
UM, SO AGAIN, THE, THE ONLY EXCEPTION FOR THAT BUFFER IS WHEN IT'S AROUND THE POOL AND THAT'S 10 FOOT BUFFER.
OTHERWISE, IT'S CONSIDERED UNDER THE SAME REQUIREMENTS AS, AS A FENCE.
SO NOT, NOT TO GO STRAIGHT TO OUR DISCUSSION, BUT I JUST WANNA MAKE A POINT.
MY STRUGGLE IS I THINK THERE'S A WAY TO MAKE THIS HAPPEN.
I DON'T THINK THERE'S A WAY TO MEET THE CRITERIA.
I JUST WANNA SAY THAT IN THE MIDDLE.
SO THE APPLICANT UNDERSTANDS THAT.
I DON'T THINK THAT WE CAN MEET THE CRITERIA TO GIVE A VARIANCE AS MUCH AS, YOU KNOW, I, I'M NOT SAYING ANY OF THINGS AREN'T LOGICAL.
I THINK THE PROBLEM IS WE'RE, WE'RE STRICTLY KIND OF BOUND BY LANGUAGE THAT YOU DIDN'T CREATE THIS.
BUT I, BUT I THINK THERE MIGHT BE OTHER OPTIONS.
I THINK THAT'S WHAT WE'RE, JUST SO YOU KNOW, OUR DISCUSSION, WE'RE TRYING TO FIND A WAY FOR YOU TO NOT HAVE TO GET A YES FROM US, BUT STILL BE ABLE TO, TO DO SOMETHING WITH THIS, IF THAT MAKES SENSE.
AND, AND I, WHAT I WANNA MAKE SURE IS I HEAR YOU SAYING IF THERE'S A WAY TO DO IT, THE CITY IS ABSOLUTELY WILLING TO GO TRY TO HELP THEM COME UP WITH THAT PLAN, RIGHT? ABSOLUTELY.
I JUST WANTED TO MAKE SURE THE APPLICANT UNDERSTOOD.
'CAUSE I KNOW WE'RE KIND OF ALL OVER THE PLACE WITH QUESTIONS AND STUFF, BUT THERE'S, IF THEY CHOSE TO TABLE THIS, WHATEVER THEY WANTED, YOU KNOW, I KNOW WE WOULD HAVE TO DO THAT PORTION, BUT THEY SAID, I'D LIKE TO TRY TO EXPLORE SOME OTHER OPTIONS.
YOU'RE SAYING ABSOLUTELY HAPPY TO DO THAT, RIGHT? YEAH.
DO WE HAVE ANY OTHER, UH, QUESTIONS FOR THE APPLICANT OR FOR STAFF THIS TIME? YOU KNOW WHAT, I CAN'T GUARANTEE THAT I WON'T.
AFTER WE, YEAH, NOW IT'S TALKING DISCUSSION HERE.
I THINK WE'RE, WE'RE GONNA, WE'LL HAVE SOME DISCUSSION, UH, REAL QUICK BEFORE THAT.
DO, DO WE HAVE ANY, IS THERE, DO WE HAVE ANY PUBLIC COMMENT? WE DO NOT, NO.
TYLER, WHY DON'T YOU HANG TIGHT THERE? 'CAUSE YOU MAY HAVE TO, INSTEAD OF GOING BACK UP, UM, YOU KNOW, NORMALLY JOEL, I USUALLY START WITH YOU.
[01:00:01]
THINKING HERE AND IF YOU, IF YOU WANT TO PASS AND DEFER TO SOMEBODY ELSE, WE CAN DO THAT TOO.UH, I, LIKE I HEAR THE APPLICANT ON THE FRUSTRATION.
IT FEELS LIKE THE APPLICANT'S TRYING TO DO LIKE THE RIGHT THING WITH WORKING THROUGH THE PROCESS AND BUILDING, YOU KNOW, FLYING THE PLANE WHILE BUILDING IT.
IT WOULD BE THE METAPHOR I'D USE, BUT THE THING I'M MOST HUNG UP ON IS THIS CRITERIA A NUMBER TWO, THAT THE VARIANCE IS NOT NECESSITATED BECAUSE OF ANY ACTION OR INACTION OF THE APPLICANT.
LIKE NONE OF US DECIDED WHAT THE CRITERIA ARE, OBVIOUSLY.
UM, BUT I FELT LIKE I WAS REALLY PUSHED, LIKE HOPING TO HEAR SOMETHING THAT WE COULD POINT TO THAT WASN'T SOMETHING THE APPLICANT DID.
AND I WAS ASKING ZACH ABOUT THE DIFFERENCE IN REQUIREMENT FOR A FENCE VERSUS A POOL BARRIER.
IT SOUNDS LIKE IT'S THE SAME REQUIREMENT.
THE DIFFERENCE IS AN APPLICANT COULD MAKE A CASE FOR POTENTIALLY MAKE A CASE FOR A FENCE WHERE CRITERIA TWO WOULDN'T BE AN ISSUE BECAUSE YOU WOULDN'T NEED THE FENCE AROUND THE YARD BECAUSE OF YOU WOULDN'T NEED IT WHERE IT IS BECAUSE OF THE UTILITY LINE OR THE POOL.
UM, BUT THEN YOU'D BE STUCK BACK AT CRITERIA A NUMBER ONE.
YOU'D HAVE TO MAKE A HARD CASE THAT THERE'S SPECIAL CONDITIONS WHERE YOU NEED THE FENCE AND IT FEELS LIKE A STRETCH.
SO LIKE I HATE TO BE AGAINST IT.
I'M JUST REALLY HUNG UP ON CRITERIA A NUMBER TWO AS A STARTING POINT.
DAN, WHAT ARE YOU THINKING? THAT PRETTY MUCH NAILS WHAT I WAS THINKING.
I, WHEN I LOOK THROUGH, I DON'T AGREE NECESSARILY WITH ALL OF, UM, PLANNING'S REVIEW.
I THINK, UM, FOR ME, CRITERIA A ONE IS MET BECAUSE I DO THINK THAT THE RESERVE PROVIDES A SPECIAL SITUATION THAT THAT DOESN'T REPEAT FOR EVERYONE ELSE IN THE DISTRICT.
UM, I THINK THAT, UH, LIKEWISE A THREE IS MET IN MY OPINION.
I THINK WE HIT TWO OUTTA THE FOUR FOR CRITERIA B, WHICH IS ALL THAT'S NEEDED.
I I, YOU KNOW, I WOULD SAY THAT ONE IS, IS MET.
UM, I, I DON'T THINK IT PROVIDES SPECIAL PRIVILEGES TO THE OWNER JUST BECAUSE THE WAY I LOOK AT IT.
UM, IT'S NOT, IT'S, IT'S NOT A, IT'S NOTHING REPEATABLE.
IT'S NOT A SPECIAL PRIVILEGE THAT THEY'D HAVE VERSUS ANYBODY ELSE SPECIAL PRIVILEGE THEY'D HAVE VERSUS SOMEBODY WHO'S IN THE EXACT SAME LOT.
UM, BUT I DO GO BACK TO THE SAME ISSUE WE'VE HAD SEVERAL TIMES CLIENT AC OR APPLICANT ACTION AND INACTION.
AND I THINK THAT IT'S HARD TO BUILD A CASE WHERE THE GAS LINE, ANYTHING THAT WAS A PART OF ONE OF THE PROJECTS, EVEN THOUGH THEY WEREN'T CONCEIVED TOGETHER, BUT WHERE THEY DON'T, THAT ACTION FROM ANOTHER PROJECT HASN'T CREATED THIS ISSUE, AT LEAST IN THE GAS LINE ISSUE.
WHAT I'D LIKE TO SEE, UM, YOU KNOW, IF IF THIS WAS SOMETHING WE DIDN'T RULE ON AND CAME BACK, I'D BE CURIOUS TO KNOW SOME OF THOSE ANSWERS THAT YOU CAN'T GIVE US ON THE FLY.
BUT, UM, WHAT WOULD BE THE, I'D JUST BE CURIOUS WHAT WOULD BE THE, THE MOST ACCEPTABLE SOLUTION THAT WOULD, UM, I MEAN TO, TO PATRICK'S POINT, MAKE A, MAKE A COMPROMISE TO WHERE YOU CAN AVOID THE DISRUPTION TO THOSE LINES.
I THINK THAT THAT CAN BE DONE IN THIS SECOND PROPOSED, THE APPROVED MODEL.
I THINK THAT THE SPACING CAN BE DONE.
I DO AGREE THAT IT MAKES A DISJOINTED BACKYARD EXPERIENCE FOR YOU TO HAVE YOUR PATIO KIND OF SPLIT WITH A FENCE IN THE MIDDLE.
AND SO THAT'S, THAT'S WHERE I'M AT, IS, UM, BEING BOUND TO THESE CRITERIA.
I FIND IT TOUGH TO MAKE THE CASE, UM, FROM A COMMON SENSE PERSPECTIVE.
I'D LIKE TO SEE WHAT OTHER SOLUTIONS COULD BE FOUND THOUGH, PATRICK? UM, YEAH, NOT TO, UH, UH, I, I GUESS I JUST KIND OF ECHO, UM, THE SENTIMENTS THAT HAVE BEEN EXPRESSED, UH, TO THIS POINT.
I MEAN, THERE IS THAT, UM, SO I MEAN ESSENTIALLY WE'VE GOT TWO PROPOSALS, UM, NEITHER OF WHICH IS, IS PARTICULARLY IDEAL, ONE OF WHICH WOULD, UH, YOU KNOW, BE IN VIOLATION OF THE, UH, OF THE CODE.
UM, AND THE OTHER IS, YOU KNOW, DOESN'T PROVIDE THE, UM, UH, THE SAFETY, UM, WITH REGARD TO THE, THE, THE GAS LINES THAT, THAT, UM, THE APPLICANT IS, IS LOOKING FOR.
UM, AND IT, AND, AND WHEN I, WHEN I WAS, UH, TRYING TO GAUGE THE LEVEL OF UTILITY VERSUS THE, UH, THE LEVEL OF AESTHETICS, I WASN'T, I WASN'T BEING FLIPPANT THERE.
'CAUSE A LOT OF DECISIONS HERE ARE MADE BASED ON THE AESTHETIC PURPOSES OF, OF CERTAIN DECISIONS AND SOME, UH, VARIANCES ARE GRANTED SPECIFICALLY FOR THAT PURPOSE.
[01:05:01]
LANGUAGE OF THE CODE, I THINK THERE IS A COMPROMISE IN BETWEEN THE TWO PROPOSALS THAT, UM, I MEAN IT'S PROBABLY BEYOND, UH, US TO EXPLORE TONIGHT.UM, BUT I WOULD BE WILLING TO TO HEAR ONE OF THOSE, UM, BECAUSE I, I THINK WE COULD PROBABLY, YOU KNOW, GRANT A VARIANCE, UH, FOR A SOLUTION THAT ISN'T NECESSARILY, UM, IT DOESN'T NECESSARILY WOULDN'T RUN A FOUL OF, OF WHAT YOU WOULD LIKE.
UM, AND WE CAN KIND OF JUST, YOU KNOW, PUSH THINGS A LITTLE BIT FORWARD WITH, UH, UH, CLOSER COMPLIANCE TO THE, THE CODE AS IT'S, AS IT'S WRITTEN.
SO YEAH, I, I SUPPOSE I JUST ECHOED THE SEN SENTIMENTS OF, UH, EVERYONE ELSE TONIGHT.
SO IF THE APPLICANT SUBMITTED A, UH, A NEW BUILDING PLAN BASED ON THE ALTERED FENCE LINE WHERE IT WAS A FEW FEET BEYOND, SO WITHIN THAT FIVE FOOT RANGE WHERE THE PATIO TECHNICALLY COULD GO TO BASED ON, UH, SOME OF THE, WE CALL IT THE CONTRACTOR'S DECISION TO PUT GAS LINES AND UTILITIES IN CERTAIN SPOTS.
I MEAN, HOW DOES THAT WORK IN TERMS OF BRINGING THAT BACK, YOU KNOW, RIGHT, BECAUSE I, I ASSUME THAT THERE'S A PROCESS MM-HMM.
IF, IF THIS WERE TABLED TONIGHT MM-HMM,
TRUTHFULLY, THE, THE VARIANCE REQUEST IS PRETTY GENERAL OF JUST, IT DOESN'T MEET THAT 10 FOOT BUFFER.
SO IF THAT WERE TO BE THE CASE, THEY'D SUBMIT A REVISED SITE PLAN TO US AND WE'D BRING THAT BACK BEFORE YOU AND HAVE TO BE REVIEWED LIKE A VARIANCE TONIGHT ON THE, THE BUILDING PLAN WOULD HAVE TO BE, YOU'RE SAYING, OR WOULD IT BE, WOULD IT BE A NEW, WOULD IT BE A SIMILAR, IT WOULD BE JUST A NEW REQUEST TO OUR BOARD.
UH, SO ANY CHANGE TO AN APPROVED BUILDING PLAN WOULD NEED A REVISION THROUGH BUILDING STANDARDS.
UM, THAT CAN HAPPEN BEFORE OR AFTER A VARIANCE REQUEST.
UM, BEFORE VARIANCE REQUESTS, THEY WOULD, OR SORRY IF IT HAPPENED BEFORE, A VARIANCE REQUEST BUILDING COULD NOT APPROVE IT, THEY WOULD ESSENTIALLY HAVE TO DISAPPROVE IT, UH, STATING THAT IT DOESN'T MEET THE ZONING REQUIREMENTS.
SO VARIANCES STILL HAVE TO COME FIRST, BUT THEY WOULD HAVE TO GO THROUGH A REVISION TO BUILDING STANDARDS BECAUSE THAT HAS TO HAPPEN ANYWAY.
SORRY JOE, I DIDN'T WANNA CUT YOU OFF.
ACTUALLY, I THINK WE, ONE OF MY VERY FIRST HEARINGS, WE KIND OF DID THAT CHICKEN IN THE EGG APPROACH OF THE VARIANCE AND HAVING THEM GO, DO YOU REMEMBER THAT? AND HAVING THEM GO BACK AND WHAT THE PROCESS WAS? WELL, SO HERE'S MY THOUGHT.
I DON'T THINK THE, THE, THE FIRST THREE CRITERIA ARE NOT ALL MET.
THAT'S NOT WHAT WE'RE TASKED TO DO.
WE HAVE TO FIND THAT ALL THREE OF THESE ARE MET.
THEY'RE NOT, UM, I THINK THERE'S WAYS THAT THE CITY CAN HELP THEM FIND A WAY TO GET TO WHERE THEY WANT TO GO.
I, I JUST CAN'T, WITH WHAT WE'RE REQUIRED TO DO, FIND THAT ALL THREE OF THOSE ARE MET.
BUT AS JOEL SAID, WE DIDN'T CREATE THE CRITERIA.
WE JUST HAVE TO, WE HAVE TO USE THEM.
YEAH, I THINK THERE'S, THERE'S AN AVENUE HERE, BUT I'M NOT SURE IT'S, WITH THE VARIANCE THAT'S BEEN SUBMITTED, I THINK THERE, THERE HAS TO BE SOME ADDITIONAL CONSIDERATION.
AND I'M, IT IS CRAZY TO SAY THIS, BUT LIKE EXACT SPECIFIC MEASUREMENTS BECAUSE IT, IT, I THINK WE'RE REALLY ONLY TALKING A COUPLE FEET POTENTIALLY BASED ON WHAT THE APPLICANT WOULD WANT RELATIVE TO THE CUT DOWN INSTEAD OF ALL THE WAY AROUND THE, UM, SCREEN AND PORCH, WHICH I DON'T THINK YOU'LL EVER GET.
BUT I THINK THERE IS AN AVENUE BY WHICH IT CAN BE SOMEWHAT ANGLED TOWARD WHERE IT ABUTS UP TO THE, ENCOMPASSES THE WHOLE PATIO AREA.
UM, AND THAT MAY NECESSITATE AN ADDITIONAL VARIANCE.
AND THE BASIS FOR THE VARIANCE MAY BE DIFFERENT.
IT MAY BE BASED ON CIRCUMSTANCES OF SOMETHING THAT YOUR CONTRACTOR PROPOSED OR THAT WERE ALTERATIONS WITHIN THE DESIGN THAT NEED TO BE FURTHER EXPLAINED.
THAT MAY HAVE NOT BEEN NECESSARILY SPECIFICALLY ARTICULATED HERE.
UM, I THINK THAT'S THE KEY FOR ME.
I'M OPEN TO HEARING DIFFERENT PROPOSAL.
THE KEY FOR ME IS I, I WOULD JUST WANT TO HEAR THAT IT, THE NEED FOR IT IS NOT BECAUSE OF SOMETHING YOU DID OR DID NOT DO.
[01:10:01]
BUT I THINK I SAID THAT COMING FROM JASON'S, I JUST TO BE CLEAR, I DON'T THINK THE ARGUMENT MY CONTRACTOR DID, IT GETS YOU OUT OF IT.AND I THINK THAT JOEL SAID IT TOO, BUT I JUST WANNA MAKE SURE THAT THAT'S, THAT'S CLEAR SO THAT THE APPLICANT DOESN'T THINK THAT, THAT THE NECK IS BE LIKE, OH, I'LL COME BACK AND SEE MY CONTRACTOR SAID THIS AND I, 'CAUSE I THINK I WANNA CLEAR THAT'S WHAT YOU WERE SAYING AS WELL.
IT HAS TO BE SOMETHING THAT WAS PREEXISTING, SOMETHING HE HAD NOTHING TO DO WITH.
HAD A QUESTION, UH, FOR THE APPLICANT.
JUST TO CLARIFY THAT PATIO THERE, THAT DOES AT THE VERY, YOU KNOW, FAR LEFT SIDE OF IT FROM OUR PICTURE HIT 25 FEET.
WAS THAT THAT WAS EXISTING WHEN YOU, YOU BUILT THAT AS WELL.
I MEAN IT'S, IF I CAN JUST ADD TO THE COMMENTS THERE, IT'S AGAIN, THE, THE REASONABLE SOLUTION TO ME WOULD BE ALLOWING THE FENCE TO MEET WHERE A PATIO WOULD GO BACK AND YOU CAN CALL IT A POOL BERRY IF YOU WANT.
THE POOL BERRY PORTION IS ALREADY RUNNING 40 FEET ALONG THE BACK 10 FEET INTO THE SETBACK, FIVE FEET ALONG THE PATIO TO MATCH THAT STRUCTURE, I THINK IS A, IS A, FOR CERTAINLY A GREAT COMPROMISE ON OUR END FOR THE UTILITY ISSUES, BUT ALSO AESTHETICALLY THAT HELPS QUITE A BIT WITH THE FIRE PIT ISSUE THAT WE MENTIONED EARLIER WITH THE GAS LINE.
SO I GUESS WHAT, WHAT I'M, WE'RE HEARING YOU WE'RE, I THINK, I THINK THAT COULD BE A COMPROMISE.
I THINK IT'S SOMETHING WHERE YOU'RE GONNA HAVE TO, TO WORK WITH ZACH AND THERE'S GONNA HAVE TO BE ESSENTIALLY A RESUBMITTAL ARTICULATING EXACTLY THE, FOR THE REASONS THAT YOU'RE, YOU'RE TALKING ABOUT.
UM, AND AGAIN, TRYING TO AVOID, UH, SOMETHING THAT, YOU KNOW, WAS WHERE YOU HAD COME UP WITH, I, I TOTALLY UNDERSTAND LIKE AESTHETICALLY THE WAY IT LOOKS WHERE THE SETBACK IS.
BUT THE PRIMARY OBLIGATION WE HAVE IS THAT WE DON'T WANT TO BE IN A POSITION WHERE A HOMEOWNER SAYS, WELL, I HAD ALL THESE GREAT PLANS AND HALFWAY THROUGH I HAD TO CHANGE ALL THIS STUFF.
AND THEN THEY NEED ALL THESE VARIANCES.
AND AESTHETICALLY IT WOULD LOOK GREAT AND THE WHOLE COMMUNITY WANTS IT TO BE THAT WAY.
BUT THERE'S CERTAIN STANDARDS THAT WE HAVE AND THAT'S, YOU KNOW, WHY THE CITY CODES IN PLACE.
NOW THERE ARE AVENUES TO GET AROUND THOSE STANDARDS AND THAT'S WHAT THESE VARIANCES ARE.
BUT WE JUST WANNA MAKE SURE THAT THE WAY THAT THE VARIANCE IS PROPOSED AND ARTICULATED IS BASED ON MEETING THOSE, THOSE CODE STANDARDS.
UM, AND IT'S REALLY IN SECTION A, UM, WHERE THERE'S JUST A BIT OF A SHORTFALL.
SO I, I DON'T THINK IF YOU ASK FOR US TO VOTE, IT SOUNDS LIKE YOU'RE GONNA GET A REJECTION AND IF YOU DO THAT, THAT MEANS THAT YOU CAN'T BRING IT BACK FOR ANOTHER YEAR.
IS THAT RIGHT ZACH? WELL, THE BEST THING TO DO, I THINK WOULD BE TO TABLE THE DECISION AND WORK WITH THE CITY POTENTIALLY ON SPECIFICALLY MEASURING WHERE THEY'RE GONNA GO.
AND THEN IF IT DOES REQUIRE A VARIANCE THAT MAY NOT NECESSARILY BE AS LARGE, THAT MAY BE SOMETHING THAT, YOU KNOW, WE CAN CONSIDER, UM, FOR A FUTURE, FUTURE MEETING.
I, YOU KNOW, WE'RE HAPPY TO HEAR ANY OTHER, I'M DEFER TO MY FELLOW BOARD MEMBERS WITH ANYTHING ELSE TO ADD HERE.
I WOULD, I WOULD SAY BEING REALISTIC, IT, IT WOULD BE HARD TO FIND SOMETHING THAT WOULDN'T BE APPLICANT ACTION AND ACTION, IN MY OPINION ON IT.
I MEAN, I'M TRYING TO BRAINSTORM.
NO, I MEAN FOR NEXT TIME, YOU KNOW, IT'S, IT'S HARD FOR ME TO, TO THINK OF HOW YOU GET AROUND THAT FROM THE STANDARD.
BUT, UM, I MEAN THE ALTERNATIVE ZACH WOULD BE TO CHANGE THE CODE, WHICH WOULD BE A MUCH MORE SIGNIFICANT PROCESS.
I IMAGINE IT'S MORE THAN THE YEAR.
UM, SO THAT'S MY, THAT'S MY INPUT.
IT'S, IT'S HARD FOR ME TO SEE IT, BUT I'M NOT, UH, I ALSO, UH, YOU KNOW, WOULD GIVE YOU THE SAME WARNING JASON DOES.
IF YOU VOTED ON IT AND IT DIDN'T GO FAVORABLY, HE'D BE STUCK THAT WAY.
SO THAT, I AGREE THAT THAT'S WHERE MY ENCOURAGEMENT, IF YOU TABLED IT AND BROUGHT IT BACK SO THAT YOU DON'T HAVE THE SAME LIKE LONG DISCUSSION TO GET TO THE SAME CONCLUSION AGAIN WOULD BE, IS THERE SOMETHING CREATIVE YOU CAN DO THAT YOU CAN USE AS THE REASON FOR NEEDING THE VARIANCE ON THAT PART THAT IS NOT BECAUSE OF THE UTILITY LINE OR SOMETHING THAT YOU DID? UM, THAT'D BE MY ENCOURAGEMENT.
SO BASICALLY WE, WE DO THE TABLING PORTION OF IT.
WE KIND OF WANT TO HEAR FROM YOU IF YOU WANT US TO VOTE, BECAUSE IF YOU SAY WE WANT US TO VOTE, WE'LL DO THAT FOR YOU.
BUT I THINK WE'RE, WE'RE GIVING YOU A, WE'RE WE'RE TRYING TO GIVE YOU THE BEST HINT WE CAN AS AS TO ANOTHER WAY TO GET THROUGH THIS.
IS TABLING IT FOR LIKE THE NEXT MONTH MEETING OR HOW IS THIS TABLED FOR? IT WOULD BE DEPEND.
IT WOULD, IT WOULD DEPEND ON WHEN YOU WOULD WANNA BRING IT BACK.
IT COULD BE AT THE NEXT MONTH MEETING.
IT COULD BE IN THREE MONTHS OR NEVER.
BECAUSE YOU MIGHT BE ABLE TO COME UP WITH POTENTIALLY A SOLUTION.
UM, ZACH, I DIDN'T SEE JUST, AND I'M THINKING ABOUT IT.
WERE THERE ANY, DO WE HAVE, I REMEMBER HAVING CASES WITH POOLS AND FENCES BEFORE AND STRUCTURES
[01:15:01]
AND SETBACKS, BUT THERE WEREN'T, I DON'T THINK THERE WERE ANY IN THE MATERIALS.'CAUSE THERE WAS ANOTHER POOL IN RIVIERA THAT GOT APPROVED AND WE GAVE A VARIANCE FOR, AND THAT WOULD'VE BEEN FOR THE POOL ITSELF WITHIN THE SETBACK.
WE, I DON'T RECALL WITHIN THE PAST, AT LEAST SINCE I'VE BEEN DOING THIS, THAT WE'VE TAKEN A POOL BARRIER BARRIER SPECIFICALLY.
BEFORE YOU, SO, OKAY, SORRY, THAT PROMPTS ANOTHER QUESTION.
IF THAT'S THE CASE, YOU'RE SAYING THAT I COULD HAVE INITIALLY APPLIED FOR MY POOL TO BE 20 FEET FROM THE REAR PROPERTY LINE, NOT 25, AND THAT WOULD'VE SOLVED ALL OF THIS.
SO IT WOULD HAVE TO STILL GO BECAUSE WE GET THE EXTRA FIVE FEET.
YOU, YOU WOULD'VE HAD, WE WOULD'VE HAD TO HAVE A VARIANCE TO GET THAT ADDITIONAL, BUT, BUT THERE'S PRECEDENT THAT YEAH, BUT I THINK THE YARD DIDN'T HAVE THE SPACE THAT YOURS DID.
THAT'S, I THINK THAT'S, THAT'S IF, IF I'M RECALLING CORRECTLY.
WHEN, IF I'M RECALLING THE SAME CASE, I THINK YOU ARE HERE, UM, IT WAS A VERY, THERE WAS VERY LIMITED DEPTH TO BE ABLE TO PUT ANY, WHETHER IT WAS A PATIO OR A SWIMMING POOL.
IT MIGHT'VE BEEN EVEN A ZERO ENTRY.
'CAUSE I REMEMBER THE APPLICANT, I CAN'T REMEMBER REMEMBERING THIS.
IT WAS FOR AN INDIVIDUAL THAT HAD SIGNIFICANT HEALTH PROBLEMS AND THEY HAD HAD, I REMEMBER THAT, YEAH.
THEY NEEDED LONGER BECAUSE THEY NEEDED MORE DEPTH TO GET THE ZERO ENTRY.
I CAN'T BELIEVE I REMEMBER THAT CASE.
UM, YEAH, TYLER, SO I THINK THIS IS, YOU KNOW, WHERE WE'RE ALIGNED, UM, AGAIN, IF WE, IF YOU'RE GONNA ASK FOR A VOTE, IT, IT SOUNDS LIKE THERE'S NOT ENOUGH TO GET YOU THERE.
AND ZACH, I'LL SEE YOU TOMORROW.
CAN WE GET, CAN WE GET A MOTION TO, TO TABLE THE, THE CASE PLEASE? I'D MOVE TO TABLE, UH, CASE 24 0 1 8 V, THE COOK RESIDENCE SECOND.
HOPEFULLY WE CAN GET IT FIGURED OUT HERE VERY SOON.
[COMMUNICATIONS]
HAVE ANY COMMUNICATIONS? I'M NOT SEEING ANYTHING LISTED HERE.OUTSIDE OF, WE WILL HAVE A MEETING NEXT MONTH.
WE HAVE A LARGE AMOUNT OF CASES THAT HAVE COME IN OVER THE PAST MONTH.
UM, I WANNA SAY WE CURRENTLY HAVE SIX OR SEVEN.
SO WE WILL HAVE A MEETING IN MARCH.
WHAT'S THE DATE, WHAT'S THE DATE OF THE MARCH MEETING THAT WE JUST, THAT WOULD BE THE 28TH.
SO IF YOU HAVE ANY ISSUES, PLEASE LET ME KNOW AHEAD OF TIME.
NO, I, WE WILL, WE'LL MAKE SURE WE'RE, WE'RE SQUARE.
WELL WITH THAT, THIS MEETING OF THE BOARD IS ZONING, APPEALS IS ADJOURNED.