[00:00:02]
[CALL TO ORDER]
THE CITY OF DUBLIN, BOARD OF ZONING APPEALS MEETING BEING HELD AT 5 5 5 5 PERIMETER DRIVE.THE MEETING CAN ALSO BE ACCESSED VIA THE LIVESTREAM VIDEO RECORDED ON THE CITY'S WEBSITE.
WE WELCOME PUBLIC PARTICIPATION, INCLUDING PUBLIC COMMENTS ON CASES.
THE MEETING PROCEDURE FOR THE CASE THIS EVENING WILL BEGIN WITH A STAFF PRESENTATION FOLLOWED BY AN OPPORTUNITY FOR THE APPLICANT TO MAKE A PRESENTATION.
THE BOARD WILL ASK CLARIFYING QUESTIONS OF STAFF FIRST AND THEN THE APPLICANT.
THE BOARD WILL HEAR PUBLIC COMMENTS FROM THE PODIUM.
EACH SPEAKER MUST PROVIDE THEIR NAME AND ADDRESS FOR THE RECORD FOLLOWING PUBLIC COMMENT, INCLUDING THOSE SUBMITTED BY EMAIL.
THE BOARD WILL DELIBERATE ON THE CASE PRIOR TO RENDERING A DECISION.
JUDY, WILL YOU PLEASE CALL THE ROLE MR. MURPHY? HERE.
[ACCEPTANCE OF DOCUMENTS and APPROVAL OF MEETING MINUTES]
NEED TO ACCEPT THE DOCUMENTS APPROVAL FROM THE LAST, UH, MEETING.IS THERE ANY MOTION FOR THAT? UH, SO MOVED.
WE'RE GONNA SWEAR IN THE WITNESSES.
SO ANYONE WHO INTENDS TO ADDRESS THE BOARD TONIGHT ON THIS CASE, PLEASE RAISE YOUR RIGHT HAND AND THEN 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? RIGHT.
[Case #24-039V ]
WE HAVE ONE CASE BEFORE US, UH, THIS EVENING.IT IS CASE NUMBER 2 4 0 3 9 V.
UM, FOR THIS WE HAVE A REQUEST FOR A VARIANCE TO ALLOW PATIO TO ENCROACH APPROXIMATELY 14 FEET INTO THE REQUIRED REAR YEAR REAR YARD SETBACK.
THE 0.28 ACRE SITE IS ZONED PUD, OUR PLANNED UNIT DEVELOPMENT DISTRICT NORTHEAST QUAD, AND IS LOCATED APPROXIMATELY 600 FEET WEST OF THE INTERSECTION OF DOMINO DRIVE AND KELLY DRIVE.
ZACH, DO YOU HAVE A PRESENTATION? YES, I DO.
UH, TONIGHT WE'LL BE FOCUSING ON THE SITE HIGHLIGHTED IN YELLOW ON YOUR SCREEN.
UH, THIS SITE IS 0.28 ACRES IN SIZE END ZONED WITHIN OUR PLA UH, PLAN DEVELOPMENT DISTRICT, THE NORTHEAST QUAD.
THIS NEIGHBORHOOD IS BETTER KNOWN AS W DOT WOODS.
UH, THIS SECTION, WHICH WAS SECTION 10 OF W DOT WOODS, WAS APPROVED BY CITY COUNCIL BACK IN 2019.
SO IT IS RELATIVELY NEW, UH, AS A LOT OF THE HOMES ARE CURRENTLY BEING FINALIZED OR, UH, NEWLY CONSTRUCTED.
THIS LOT SPECIFICALLY IS MORE RECTANGULAR IN SIZE AND IT'S GEOMETRY WITH ABOUT A HUNDRED FEET OF WIDTH AT ABDOMINAL DRIVE.
THIS LOT IS SLIGHTLY LARGER THAN SIMILAR.
LOTS IN THE NEIGHBORHOOD THAT ARE ON THE STRAIGHTAWAYS OF DOMINO DRIVE.
UM, THE ONES AROUND THE, THE CORNERS AND THE CURVES ARE LARGER, AND THOSE ARE THE LARGEST LOTS ON THIS STREET.
UH, THIS IS, THE SITE INCLUDES A TWO STORY HOUSE WITH A SIDE LOADED GARAGE, UH, WHICH IS RELATIVELY UNIQUE TO THIS STREET.
UH, AS MOST OF THE HOUSES HERE ON THE STREET ARE, IF NOT ALL OF THEM ARE, UH, FRONT LOADED, HAVE FRONT LOADED GARAGES.
UM, THERE ARE, HOWEVER, SOME HOMES THROUGHOUT THE REST OF OT WOODS THAT DO HAVE SIDE LOADED, BUT MOST OF THEM ARE FRONT LOADED.
UM, IN ADDITION TO THIS, THERE ARE NO NATURAL FEATURES ON THE SITE.
UH, THE IMAGE SHOWN SHOWS SOME OF THE CONTOURS AND TOPOGRAPHY OF THE SITE, UH, WHICH RELATIVELY DOES NOT, GENERALLY DOES NOT, UH, IMPACT THIS SITE SPECIFICALLY.
SO SHOWN ON THE SCREEN, UH, YOU CAN SEE THE REAR YARD OF THE HOME AND OF THE SITE.
UM, THIS IS LOOKING FROM THE NORTH, SO LOOKING SOUTH, UH, AND YOU CAN SEE SOME OF THE ADJACENT PROPERTIES.
UH, THE REAR PROPERTY LINE ON THAT LEFT PHOTO IS ABOUT WHERE THOSE, THOSE TREES ARE LOCATED.
UM, SO THIS VARIANCE REQUEST IS, UH, FOR A VARIANCE TO THE PUD DEVELOPMENT TEXTS FOR THE REAR YARD SETBACK.
UH, SO THE DEVELOPMENT TEXT STATES THAT THE REAR YARD SETBACK SHALL BE 25% OF LOT DEPTH.
UM, THIS IS A CONSISTENT REQUIREMENT THROUGHOUT THE ENTIRETY OF WYANDOT.
SO YOU HAVE A LOT OF LARGER LOTS THAT WERE ORIGINALLY BUILT IN WYANDOT THAT THIS REQUIREMENT'S APPLICABLE TO, BUT ALSO TO A LOT OF THE SMALLER LOTS, UH, SUCH AS THE LOTS ON THIS STREET.
SO 25% IN THIS CASE WOULD BE 32 FEET.
UH, THE IMAGE ON THE LEFT KIND OF HIGHLIGHTS THE REQUIREMENT, WHAT ALLOWANCES WE HAVE FOR PATIOS, AND THEN WHAT THE REQUEST IS.
UH, SO THE REQUEST IS TO ENCROACH APPROXIMATELY 14 FEET INTO THE REQUIRED REAR YARD SETBACK.
SO THAT SETBACK IS ACTUALLY 13 FEET AS REQUESTED FOR THIS PATIO.
UM, YOU CAN SEE THE 32 FOOT SETBACK AND ORANGE ON THE SCREEN.
THE GREEN BOX IS THE FIVE FOOT PATIO ENCROACHMENT THAT WE ALLOW PER ZONING CODE FOR ALL PATIOS TO ENCROACH INTO THE REAR YARD SETBACK.
[00:05:01]
UM, SO THAT 14 FEET IS BEING REQUESTED FROM THAT ENCROACHED AREA.UM, THE APPLICANT DID PROVIDE A VARIANCE STATEMENT, WHICH I WILL LEAVE TO THEM TO EXPLAIN THEIR CASE, UH, ONCE WE'RE THROUGH WITH THIS PRESENTATION.
SO STAFF HAS REVIEWED THIS APPLICATION TO THE APPLICABLE CRITERIA.
ALL THREE ARE REQUIRED TO BE MET, UM, FOR VARIANCE TO BE APPROVED WITH THIS FIRST SET, UH, BASED ON STAFF'S ANALYSIS OF THE RE THIS REQUEST, STAFF HAS FOUND THAT, UH, CRITERIA ONE, TWO, AND THREE ARE NOT BEING MET.
UM, GOING DOWN THE LIST HERE, THE SPECIAL CONDITIONS, UH, GENERALLY THE SITE IS TYPICALLY IS A TYPICAL RECTANGULAR SHAPE, UM, SIMILAR TO A LOT OF ADJACENT PROPERTIES IN SECTION 10 OF THIS DEVELOPMENT.
UM, THERE ARE NO NATURAL FEATURES THAT ARE LIMITING THE DEVELOPMENT OF THE SITE AND THE PLACEMENT OF THE HOME IS GENERALLY CONSISTENT WITH OTHER PROPERTIES IN THIS NEIGHBORHOOD.
UM, WE DEFINITELY WOULD CONSIDER THAT ALTHOUGH THE HOME DOES HAVE A SIDELOADED GARAGE, WHICH IS UNIQUE FOR THE STREET, THAT ORIENTATION ISN'T GENERALLY UNIQUE TO THE NEIGHBORHOOD WINE DOGWOODS.
SO BASED ON THAT, STAFF HAS FOUND THAT THERE'S NO SPECIAL CONDITIONS APPLICABLE TO THE SITE.
UM, ADDITIONALLY, THE, THE APPLICANT PURCHASED THE LOT AND BUILT THE HOME RECENTLY IN THE PAST COUPLE YEARS, UH, SINCE THE APPLICANT BUILT THIS HOUSE IN HIS CURRENT CONFIGURATION.
UM, THERE WAS NO CONSIDERATION OF THAT BUILDABLE PATIO AREA AT THE TIME.
UM, AND THEN MOVING FORWARD TO THE SECOND SET, STAFF HAS FOUND THAT TWO OF THE FOUR ARE BEING MET.
I DID WANT TO MENTION THE RECURRENT NATURE.
UH, THIS WAS PROVIDED IN THE, THE PLANNING REPORT AS WELL, BUT WE HAVE, OUR STAFF DID MEET WITH A REPRESENTATIVE OF THE DEVELOPER LAST SEPTEMBER, UM, BECAUSE WE'VE BEEN MADE AWARE OF A COUPLE INSTANCES WITH LOTS IN THIS NEIGHBORHOOD, UH, WHERE THEY HAVE SIMILAR CONDITIONS TO THIS, WHERE THERE'S NOT ENOUGH BUILDABLE AREA, UM, TO PUT A PATIO.
SO THE APPROACH IN THAT SITUATION WAS TO RECOMMEND THAT THEY GO AND MODIFY THEIR DEVELOPMENT TEXT TO CHANGE THE REAR SETBACK.
UM, WE HAVE NOT RECEIVED AN APPLICATION FOR THIS.
UM, WE WOULD STILL EVEN MOVING FORWARD WITH THIS.
REGARDLESS, THE OUTCOME OF THIS VARIANCE WOULD RECOMMEND EITHER THE DEVELOPER OR ONCE THE HOA IS FORMED AND, AND, UM, ABLE TO PROCEED WITH AN APPLICATION TO MODIFY THE DEVELOPMENT TEXT.
IT'S NOT A GUARANTEE TO BE APPROVED BY PLANNING COMMISSION, BUT THAT AT LEAST ADDRESSES THE REQUIREMENTS FOR ALL LOTS WITHIN THIS NEIGHBORHOOD.
SO WITH THAT, UH, PLANNING STAFF IS NOT SUPPORTIVE OF THIS IN VARIANCE REQUEST.
UM, I'M HAPPY TO ANSWER ANY QUESTIONS OTHERWISE, THE, THE HOMEOWNERS ARE HERE TO ANSWER ANY QUESTIONS AND ADDRESS, UH, ANY OF YOUR CONCERNS.
I HAVE ONE QUICK QUESTION ABOUT THE COMMENT YOU JUST SAID.
IF THEY WERE TO APPLY AS, AS A HOMEOWNERS ASSOCIATION OR THE DEVELOPER TO CHANGE THE TEXT AND AN APPLICATION WAS DENIED, WOULD THEY BE ABLE TO SUBMIT A NEW APPLICATION BASED UPON THE CHANGE TEXT IF THEY WERE IN COMPLIANCE WITH THAT? IN OTHER WORDS, IT WOULDN'T BE PRECLUDED FOR FOREVER FROM BEING ABLE TO PUT SOMETHING IN IF THE, IF THE TEXT CHANGED? NO.
SO SOMEONE, IT, LET'S SAY THAT THE, THEY WENT FORWARD WITH A DEVELOPMENT TEXT CHANGE AND ARE YOU ASKING IF IT WAS DISAPPROVED OR IF THE VARIANCE WAS DISAPPROVED TONIGHT? CORRECT.
AND THE SETBACK WAS CHANGED? THAT'S A GREAT QUESTION.
I, I THINK WE WOULD, I KNOW OUR REQUIREMENT IS TYPICALLY THE SAME REQUEST CAN'T BE MADE WITHIN A YEAR OF ITSELF.
UM, MY INITIAL THOUGHT IS THEY WOULDN'T BE ABLE TO FOR A YEAR, BUT WE'D BE HAPPY TO, TO LOOK DEEPER INTO THAT FOR YOU.
DO YOU KNOW HOW LONG THE DEVELOPMENT, THE CHANGE OF A DEVELOPMENT TEXT TAKES? I'M GUESSING IT'S NOT AN OVERNIGHT PROCESS, RIGHT? IT'S NOT OVERNIGHT.
UM, THIS WOULD BE A RELATIVELY SIMPLE CHANGE.
SO PROBABLY AT MOST, I'D SAY TWO MONTHS.
BUT THAT'S JUST DEPENDENT ON WHEN WE'RE ABLE TO GET AN APPLICATION AND, AND GET IT TO A POSITION TO TAKE FORWARD A PLANNING COMMISSION, UM, PLAN COMMISSION'S THE ONLY BODY THAT WOULD HAVE TO REVIEW THAT CHANGE.
ANYBODY HAVE ANY QUESTIONS FOR STAFF? JUST TO PIGGYBACK ON THAT, TO CLARIFY, I'M NOT FOLLOWING WHY THEY WOULDN'T BE ABLE TO MAKE THE REQUEST IF, IF THE RULE CHANGED, WOULDN'T THEY BE ASKING FOR A VARIANCE TO A, A, A DIFFERENT VERSION OF THE RULE? THAT'S A, I MEAN, THAT'S A GREAT QUESTION.
UM, WE HAVEN'T RUN INTO THAT SITUATION THAT I'M AWARE OF, SO WE'D PROBABLY NEED TO CONSULT OUR, OUR LEGAL TEAM.
I THINK YOU MAKE A GREAT POINT THAT IF THE REQUIREMENT'S CHANGING, THEN THAT MAYBE THAT, UM, REFRESHES THE DEADLINE ESSENTIALLY.
BUT WE'RE, WE'RE OPEN TO LOOKING INTO THAT IF THAT WE COME INTO A SITUATION WHERE THAT'S, THAT'S POSSIBLE.
ARE YOU ABLE TO BRING UP THE, UH, MAP YOU HAD BEFORE THE PICTURE? NO.
[00:10:01]
YEAH, I CAN'T.UH, SO JUST WONDERING HERE, DOES THE HOUSE ENCROACH INTO THE 32 FOOT SET SETBACK? I KNOW THAT THERE'S THE FIVE FOOT LEEWAY.
THE HOUSE IS JUST OVER 32 FEET FROM THE REAR PROPERTY LINE, SO NO, THE, THE HOUSE MEETS THE ZONING REQUIREMENTS.
WHOEVER IS GONNA ADDRESS, IF YOU JUST COME UP TO THE PODIUM, THERE'S A LITTLE BUTTON ON THERE ONCE IT'S GREEN AND YOUR MICROPHONE WILL GO BELOW GREEN AS WELL.
IF YOU JUST STATE YOUR NAME AND THEN YOUR ADDRESS BEFORE YOU START TALKING, PLEASE.
DO DRIVE, UH, W OHIO, 4 3 0 1 6.
HEY, I AM PARVATI PEN, UH, FROM 4 0 9 4.
DO DRIVE DUBLIN, OHIO 4 3 0 1 6.
SO, UH, WE SIGNED FOR THE HOUSE IN 2021, UH, MARCH.
SO DURING THAT TIME IT WAS TRINITY HOMES THAT WERE LIKE, UH, THE, THEY WERE SELLING THE HOUSES.
SO WE WERE NOT AWARE OF THIS, YOU KNOW, SETBACK SINCE, YOU KNOW, WE, WE, WE ARE, WE MOVED HERE FROM HILLARD.
SO OVER THERE WE DO, WE DON'T USE TO HAVE A HOA AND YOU KNOW, IT WAS A ALREADY BUILT PATIO, SO WE WERE NOT AWARE OF ALL THESE REQUIREMENTS.
SO, BUT THE BUILDER, UH, PRO BUILDER ASK US, IF YOU WANT A PATIO, WE CAN GIVE YOU LIKE 20 BY 20 CONCRETE PATIO.
AND WE SAID, MY WIFE SAID, NO, WE DON'T WANT CONCRETE.
WE'LL GET, GET NICE STONE PATIO.
AND WE MOVED IN, UH, JULY 4TH, UH, 2023.
SO AFTER A MONTH IN AUGUST, UH, YOU KNOW, I, WE, MY WIFE, SINCE WE ARE FROM INDIA, YOU KNOW, WE LOVE STAYING OUTSIDE AND IN OLD HOUSE ALSO ALWAYS, WE USED TO STAY OUTSIDE.
WE HAVE THREE KIDS, THE TWO ARE HERE, AND ONE OF THE GIRL IS SICK, SO SHE'S NOT HERE.
SO WE, IN AUGUST, I APPLIED FOR THE PATIO, JUST NOT THE VARIANCE, JUST REGULAR APPLICATION.
UH, IMMEDIATELY THEY DENIED, UH, SAYING THAT, YOU KNOW, YOU CAN BUILD ONLY IN FIVE FEET.
THEN I WAS, THAT'S, THAT'S THE TIME I LEARNED EVERYTHING.
LIKE, OH, WHAT IS THIS SETBACK? AND, YOU KNOW, WHAT IS THIS? FIVE FEET? I LEARNED EVERYTHING, YOU KNOW.
THEN I WAS, I ASKED THE CITY, LIKE, I ONLY HAVE 32 FEET.
NOW YOU ARE SAYING ONLY FIVE FEET.
LIKE, I CAN ONLY CONSTRUCT STEPS OVER THERE WITH THE FIVE FEET, NOT THE PATIO.
THEN I LEARNED THAT, YOU KNOW, THE, MY ORIGINAL PLAN WAS LIKE 21 BY 40 WHERE, UH, IT WAS STEPPING ONTO THE DRAINAGE EASEMENT OR THE 10 FEET AT THE END.
SO THEN I, I, THAT IS ONE POINT THEY MENTIONED IN THE DENIAL.
SO WHAT I DID, I CHANGED MY PLAN SO THAT I'M NOT TOUCHING THE DRAINAGE EASEMENT AT ALL ON THE EAST SIDE AS WELL AS NORTH SIDE.
SO I JUST MOVED IT PARALLEL AND I MADE IT LIKE 19 BY 40, BUT I'M NOT TOUCHING THE DRAINAGE EASEMENT ANYWHERE, EVEN ON THE NORTH SIDE AS WELL AS IN THE, UH, EAST SIDE.
SO I CHANGED IT, YOU KNOW, PEOPLE SUGGESTED, UH, LIKE, YOU, YOU CAN DO THE VARIANCE EVEN I'M NOT AWARE, LIKE WHAT IS VARIANCE AND ALL THAT.
I JUST LEARNED FROM THE NEIGHBORS AND EVERYONE.
UH, AND AGAIN, THERE IS ONE MORE POINT I WANT TO ADD.
ONE OF MY NEIGHBOR, THIRD HOUSE FROM MY HOUSE, UH, HE WAS APPROVED THE PATIO.
HE BUILT A NICE 20 BY 40 FOOT, SAME DIMENSIONS AND EVERYTHING.
WHEN I ASKED THE CITY, THEY SAID WE MADE A MISTAKE, AND, UH, I ASKED THEM LIKE, UH, THEN YOU MADE A MISTAKE, BUT YOU'RE NOT GIVING ME, YOU KNOW, I'M, HE CAME AND RIGHT AWAY IN ONE OR TWO MONTHS, HE GOT THE PERMISSION AND HE BUILT IT.
EVEN MY NEIGHBOR ON THE RIGHT SIDE, HIS NAME IS MIKE, I THINK I ASKED HIM TO JOIN.
HE ALSO REQUESTED FOR, UM, PATIO, BUT INITIALLY CITY DENIED IT, BUT MIKE TRIED TO LIKE, YOU KNOW, SINCE HE'S HERE, HE KNOW EVERYTHING.
HE, HE FOUGHT A LITTLE BIT, BUT THEN AGAIN HE GOT A PERMIT SAYING THAT HE HAS A CORNER LOT WITH ONLY TWO SIDES.
SO HE HAS THE SAME 33, 34 FEET IN THE BACK.
HE GOT PERMIT AND HE BUILT THE PATIO.
AND WHEN IT COMES TO MY HOUSE, I REQUESTED ALL THREE NEIGHBORS AROUND MY HOUSE.
IS, IS THERE ANY PROBLEM, ALL WHERE IS VERY SUPPORTIVE.
AND THEY SAID, YOU CAN BUILD, NO WORRIES.
EVEN THE NEIGHBOR IN THE BACK, IT, HE'S HOUSE IS ALMOST ONE 50 TO 200 FEET FROM MY HOUSE.
AND HE SAID, OKAY, YOU ARE COMPLETELY FINE.
YOU CAN GO AHEAD AND BUILD IT.
SO THAT'S WHEN LIKE, YOU KNOW, I REQUESTED THE VARIANCE, AND NOW AGAIN, THEY WERE SAYING THAT, YOU KNOW, IT WAS NOT, UH, YOU KNOW, THEY, THEY CANNOT, I DON'T KNOW WHAT TO DO.
BUT, YOU KNOW, I CAME, WE CAME HERE WITH A LOT OF DREAMS. ALL OUR LIFE SAVINGS WE PUT INTO THE HOUSE IN, FOR THIS HOUSE, WE ALMOST 20 $800,000, LIKE COMPLETE, NOT JUST THE PAYMENTS AND EVERYTHING, LIKE APPLIANCES, FURNITURE, ALL OUR SAVINGS WE PUT IN THE HOUSE.
NOW, AFTER LEARNING ALL THIS, MY WIFE WAS LIKE COMPLETELY UNHAPPY.
SHE SAYS THAT WE MIGHT NEED TO MOVE FROM HERE BECAUSE WE BOUGHT WITH SO
[00:15:01]
MUCH MONEY AND NOW WE WERE NOT EVEN ABLE TO GET OUR OWN PATIO.THAT TOO, LIKE IF YOU, IF I BUILD MY PATIO, IT'S FAR AWAY FROM THE HOUSE IN THE BACK AND MY NEIGHBORS ARE, YOU KNOW, VERY, UH, FRIENDLY TO ME AND THEY'RE OKAY WITH THAT, YOU KNOW? SO YEAH, MAYBE MY WIFE, ALL I CAN SAY IS I DON'T EVEN HAVE 1% IDEA THAT WE WILL NOT GET A PATIO, IF AT ALL, IF I KNEW WE WOULDN'T EVEN HAVE COME HERE BECAUSE THAT IS A TOP, TOP PRIORITY FOR US.
BECAUSE MOST OF THE TIME WE SPEND LIKE, YOU KNOW, IN THE SUMMERS WITH THREE KIDS, WE IN, HED, WHEN WE HAVE A PATIO, WE USED TO SPEND OUTSIDE WITH THREE KIDS WITH LIKE CHAIRS.
I WAS DREAMING THAT KIND OF HOUSE HERE.
AND NOW AFTER WE CAME, WITHIN TWO MONTHS, HE'S GOING THROUGH ALL OF THIS.
SO YEAH, SO WITHOUT PATIO, I DON'T KNOW, LIKE, YOU KNOW, I NEVER IMAGINED A HOUSE WITHOUT A PATIO.
AND NOW LIKE, YOU KNOW, WHERE ARE WE GOING WITH THIS? I DON'T KNOW.
SO I WANT TO ADD, AFTER I GOT THE DENIAL FROM THE CITY, THEY SAID, YOU HAVE TO GET THE DEVELOPER, UH, YOU KNOW, SENT A REQUEST.
I WENT AFTER DEVELOPER FOR ONE MONTH, DEVELOPER DIDN'T RESPOND.
THEN I WENT AFTER THE H-O-A-H-O-A SAYS, UH, WE ARE NOT SUPPOSED TO DO ANY APPLICATION LIKE THAT.
I FOLLOWED UP WITH THE CITY LIKE EVERY DAY, EVERY WEEK, LIKE FROM THE LAST EIGHT MONTHS I'M FIGHTING WITH THEM.
WHEN I SAY FIGHTING, I'M, YOU KNOW, SENDING EMAILS AND EVERYTHING.
THIS HOA SAYS THAT, YOU KNOW, WE ARE NOT THE REAL HOA, UH, SOMETIME IN THE MID 2024, WE ARE GOING TO GIVE THE HOA TO THE HOMEOWNERS AND THEY CAN DO WHATEVER YOU WANT.
AND THE HO CLEARLY SAYS, I'M NOT GOING TO DO ANY APPLICATION FOR YOU GUYS.
I'M NOT EVEN AWARE OF WHAT IS THIS APPLICATION YOU GUYS ARE TALKING ABOUT.
THEN THE, THE ANOTHER PROBLEM IS, UH, THE BUILDER TRINITY HOMES, HIS SON MAINTAINS OUR HOA, HE'S THE OWNER OF HOA.
THEY'RE ALL TOGETHER, YOU KNOW, NOW HOA CANNOT BLAME THE DEVELOPER WHO BUILT THOSE BUILDER.
THEY ARE RELATED AND THEY CANNOT, LIKE, YOU KNOW, THEY DON'T WANT TO INTERFERE HERE.
AND WE ARE STRUCK, YOU KNOW, WITHOUT KNOWING ALL THIS, MY BUILDER DIDN'T EXPLAIN ANY OF THIS.
LIKE, YOU KNOW, HEY, YOU WILL HAVE, YOU WILL, YOU WILL NOT HAVE ANY PATIOS.
THEY, THEY ASKED US IF WE NEED A 20 BY 20 PATIO, AND WE THEN I FELT AFTER CLOSING THE HOUSE, I SHOULD HAVE REQUESTED THAT CONCRETE.
IF I WOULD'VE KNOWN, THEN I WOULD'VE BUILT SOMETHING ON TOP OF CONCRETE.
I FELT, BECAUSE I DIDN'T KNOW, LIKE, YOU KNOW, THERE IS NO PATIO POSSIBLE FOR THIS HOUSE.
SO YEAH, I, THAT'S ALL, YOU KNOW, I THINK I CAN THANK YOU.
DOES ANYBODY HAVE ANY QUESTIONS RIGHT NOW? I CAN'T TELL YOU NONE OF, IF ZACH HAS IT, I DUNNO IF WE'RE ALLOWED TO SHARE THIS INFORMATION, BUT WHEN THEY BUILD SUBDIVISIONS, THE BUILDER KIND OF STAFFS THE HOA UNTIL THEY TRANSITION IT TO THE NEW HOMEOWNER.
SO I I'M, IT SOUNDS LIKE THAT'S HAPPENING IN THE MIDDLE OF THIS YEAR, AND THAT'S KINDA WHAT YOU WERE FINDING OUT AS WELL.
THIS IS STILL THE, THE BUILDER'S OWN HOA THAT YOU UNDERSTAND, RIGHT? THAT'S MY UNDERSTANDING, YES.
AND THAT'S WHO WE WOULD'VE MET WITH, UM, BACK IN SEPTEMBER LAST YEAR.
ANYBODY HAVE ANY QUESTIONS FOR THE APPLICANT RIGHT NOW? AND JUST TO CLARIFY, DID YOU SAY THAT YOU REACHED OUT TO THE BUILDER AND, UH, THEY'RE, THEY'VE BEEN UNAVAILABLE? YEAH, SO THEY'RE SAYING IT'S NOT OUR RESPONSIBILITY THAT TRINITY HOMES, THEN WE REACH OUT TO H-O-A-H-O-A SAYS, I'M NOT AWARE OF ANY APPLICATION YOU'RE ASKING, AND WE ARE NOT RESPONSIBLE FOR, TO DO ANY APPLICATION THEN.
UH, IF THEY HAD PUT IN THE CONCRETE PATIO, UH, AT THE TIME OF THE BUILD, WOULD THAT HAVE CHANGED THE POSITION OF THE HOUSE AT ALL? NO.
SO, SO WOULD THAT, WOULD THAT HAVE, UM, BEEN THE SAME SHAPE OF PATIO IS WHAT YOU'RE LOOKING FOR NOW? SIMILAR, BUT I'M EXTENDING, UH, TOWARDS THE SOUTH SIDE, BUT 20 BY HERE IN MY PLAN.
I SAID 19 BY 40, THEY OFFERED 20 BY 20 JUST A SQUARE CONCRETE.
UH, WERE YOU GIVEN A TIMETABLE BY THE, UH, THE DEVELOPER, UH, THE TEMPORARY HOA, UH, FOR WHEN THEY WOULD BE TRANSITIONING TO THE NEIGHBORHOOD? NO, THEY DIDN'T GIVE TRANSITION.
SO ONE OF MY NEIGHBOR WAS REACHING OUT TO THEM TO FIND OUT WHEN ARE THEY DOING ALL, AND THEY'RE LIKE, WE ARE PLANNING TO DO VERY SOON, BUT NO RESPONSE.
AND THEY LIKE, YOU KNOW, THEY GO ON VACATIONS EVERY WEEK AND YOU KNOW, THEY DON'T RESPOND TO YOUR EMAIL FOR A WEEK.
WE HAVE TO KEEP ON WAIT TO GET SOME ANSWER FROM THEM.
DID YOU SAY THAT THEY SAID THEY WERE GOING TO TRANSITION IN THE MIDDLE OF 2024, WAS WHAT THEIR GOAL WAS? I HEARD FROM SOMEONE, BUT I'M NOT SURE, YOU KNOW, IF THEY ARE PLANNING TO DO THAT, IF NOT.
I, I NOTICED THE APPLICANT SAID THAT THERE WAS AN APPROVED PATIO NEXT TO THEM THAT THE CITY SAID THEY MADE A MISTAKE ON.
IS THAT, IS THAT ACCURATE? THAT'S MY UNDERSTANDING AS WELL, YES.
UM, THERE'S A PATIO ON THIS STREET THAT WAS APPROVED.
UM, IT WAS APPROVED IN FAULT, UM, AS IT DOES NOT ACTUALLY MEET THE REQUIREMENTS.
[00:20:01]
SO I KNOW THAT THAT'S BEEN BROUGHT UP TO, UM, OUR LEGAL DEPARTMENT.UM, I'M NOT SURE THE STATUS OF WHERE THAT'S AT, AND I DON'T KNOW WHERE THAT'S, THAT'S GOING, BUT I AM AWARE THAT, THAT THAT DID HAPPEN, YES.
AND WAS THAT IN, IN PLANNING OR DID THAT REACH THE BOARD? UM, SO THAT WAS APPROVED THROUGH OUR, OUR PLANNING STAFF.
AND THEN ALSO, UH, IS IT YOUR UNDERSTANDING THAT THE BUILDER GRADE CONCRETE PATIO WOULD ALSO REQUIRE A VARIANCE OR NOT? ANY SORT OF, ANY SORT OF PATIO, WHETHER THE DEVELOPER IS DOING IT OR WHETHER A PROPERTY OWNER IS DOING IT, HAS TO MEET THE REQUIREMENTS? UM, SO IF, IF SOMETHING WERE POURED HERE, AND I'M SPEAKING HYPOTHETICALLY, UH, IF SOMETHING WERE POURED HERE THAT DID NOT MEET THE REQUIREMENTS OF WHATEVER THE SETBACK WAS, UM, A VARIANCE WOULD BE REQUIRED IN THAT, IN THAT INSTANCE.
NOBODY HAS ANY QUESTIONS RIGHT NOW.
DO WE HAVE ANY PUBLIC COMMENT ON THIS ONE? WE DID NOT RECEIVE ANY PUBLIC COMMENT, NO.
I'VE GOT A QUESTION, UM, FOR ZACH.
SO IS THERE ANY PRECEDENT WHERE THE CITY HAS APPROVED SOMETHING AND THEN GONE BACK ON IT AND THEN ISSUED A CITATION OR SOMETHING LIKE THAT? I DON'T HAVE THE KNOWLEDGE OF.
I, I BELIEVE WE'VE HAD THOSE INSTANCES, INSTANCES IN THE PAST.
I DON'T KNOW THE RESOLUTION OF, OF WHAT THOSE HAVE HAVE COME TO.
UM, WHAT I, MY UNDERSTANDING IS THAT IN THOSE SITUATIONS, WE DO TYPICALLY REQUIRE IT TO BE REMEDIED, UH, TO MEET THOSE REQUIREMENTS OR TO OBTAIN A VARIANCE.
UM, BUT I DON'T, AGAIN, I DON'T, I DO NOT KNOW THE SITUATION OF AND WHERE THAT ONE IS AT.
AND THEN IN REGARDS TO THE RECURRING NATURE, BECAUSE THIS IS GETTING INTO OUR DISCUSSION, BUT I'M INCLINED TO DISAGREE ON THEIR RECURRING NATURE.
BASED ON WHAT YOU SHARED, IS THAT SOMETHING THAT WOULD PRECIPITATE THE CHANGE THAT WE'RE TALKING ABOUT WHERE THEY MAY, IN THE NEIGHBORHOOD GRANT, WOULD THERE BE SOME SORT OF LARGE SCALE VARIANCE THAT COULD BE GRANTED OR, OR CHANGE THE REQUIREMENTS FOR THAT NEIGHBORHOOD IN PARTICULAR? WHAT WOULD BE THE, THE REMEDY IF THAT WAS THE CASE? SO THROUGH THE VARIANCE PROCESS, THAT IS GONNA BE SITE SPECIFIC.
UM, SO THE ONLY WAY THAT CHA THAT CHANGES CAN BE MADE TO A WHOLE DEVELOPMENT IS THROUGH THE DEVELOPMENT TEXT BEING AMENDED.
UM, NOW I DID WANT TO NOTE AS WELL THAT, THAT THAT PROCESS WAS PROVIDED AS SUPPLEMENTAL INFORMATION AND THAT STANDS, THAT STANDS SEPARATE FROM THIS REQUEST TONIGHT.
UM, BUT THAT'S JUST TO GIVE YOU AN IDEA THAT WE'RE AWARE OF THESE SITUATIONS ELSEWHERE AND WE'RE TRYING TO REMEDY IT OUTSIDE OF THE VARIANCE PROCESS THE BEST THAT WE CAN TO ADDRESS THIS ON A HOLISTIC LEVEL.
UM, THAT POTENTIALLY, YOU KNOW, SPEAKING ABOUT THAT, THAT PROCESS THAT POTENTIALLY DOESN'T ALLEVIATE ALL THE ISSUES THAT PROBABLY, THAT LIKELY DOES NOT ALLOW SOMEONE FREE REIGN TO, TO PUT IT AS, AS LARGE AS POSSIBLE.
WE TRY AND MAKE SURE THAT IT'S CONSISTENT THROUGH, UH, ADJACENT NEIGHBORHOODS AND WHAT WE'VE DONE ELSEWHERE.
SO IT'S PROBABLY WOULDN'T BE AS RESTRICTIVE AS WHAT IT, THE REQUIREMENT IS NOW, BUT IT WOULDN'T BE AS LOOSE TO ALLOW SOMEONE TO BUILD UP TO THEIR PROPERTY LINE OR BUILD 10 FEET OUT.
SO AGAIN, THAT'S SUPPLEMENTAL TO THIS, THIS VARIANCE IS STANDING ON ITS OWN, BUT THAT WAS JUST PROVIDED TO GIVE YOU AN IDEA OF WHAT WE'VE HEARD YOU GUYS ARE, YOU CAN SIT DOWN FOR RIGHT NOW IF YOU WANT TO.
I MIGHT CALL YOU BACK UP THERE WE'RE HAVE SOME DISCUSSION.
CAN I ADD JUST ONE POINT C? CERTAINLY.
SO I WENT TO CITY TO SIT ONE TIME, LIKE TO GET EXPLAINED, LIKE WHY GOT DENIED.
I ASKED THE CITY FOLKS, LIKE THERE WERE A LOT OF PATIOS BUILT IN THE NEIGHBORHOOD, BUT HOW DID THEY GOT PERMISSION? THEN THEY SAID TO ME, OH YEAH, A LOT OF POWER BUILT WITHOUT THE PERMISSION, BUT WE CANNOT DO ANYTHING TO THEM.
YOU KNOW, THEY JUST SAID THAT TO ME.
THEN I THOUGHT, OKAY, I'M DOING ALL THE RIGHT WAY AND NOT GETTING ANYTHING, YOU KNOW, BUT WHEN SOMEONE BUILT ALREADY, YOU KNOW, THEY WERE NOT ABLE TO DO ANYTHING.
SO I JUST THOUGHT LIKE, IT'S NOT FAIR FOR ME, BUT I JUST WANT TO ADD THAT POINT.
I I HAVE A QUESTION ON THAT, IF THAT'S ALL RIGHT.
UM, THANKS FOR YOUR PRESENTATION.
WHEN YOU SAY A LOT OF PATIOS, SPECIFICALLY, HOW MANY PATIOS DO YOUR NEIGHBORS HAVE ON YOUR STREET? SO NOT JUST MY NEIGHBORHOOD, THE, THE NEW NEWLY MOVED IN, THEY DIDN'T DO IT, BUT THEY WERE ALREADY, LIKE, WHEN I PASSED THROUGH THE HOUSES, I SEE THE PATIOS.
UH, I DON'T SEE THERE IS A 32 FEET, UH, LEFT, YOU KNOW, BETWEEN THE PATIO AND THE BORDER OF THE HOUSE.
UM, SO I JUST ASK THE CITY, SAME THING.
I SAW THE PATIOS, YOU KNOW, SOME PATIOS.
[00:25:01]
HOW DID THEY GOT THE PERMISSION? THEN THEY SAID, YOU KNOW, A LOT OF PEOPLE, UH, BUILT, UH, YOU KNOW, WITHOUT PERMISSION, BUT WE CANNOT DO ANYTHING NOW.YOU KNOW, THAT'S WHAT THEY SAID.
AND THEN THE NEIGHBOR THAT YOU CITED EARLIER THAT HAD THE PATIO, WHAT IS THE PROXIMITY OF THEIR HOUSE TO YOUR HOUSE? LESS THAN HALF MILE, LIKE WITHIN THE VAN ATWOODS.
AND THEN DID YOU, WERE YOU AWARE OF THAT PATIO BEFORE YOU BUILT YOUR HOUSE OR DID YOU BECOME AWARE? NO, I'M NOT AWARE.
I JUST USED TO SEE THEM, BUT I NEVER THOUGHT OF, YOU KNOW, THERE IS THIS, THERE IS SOMETHING CALLED SETBACK AND YOU CANNOT GO BEYOND THAT.
YOU KNOW, I'M NOT AWARE OF THOSE RULES BECAUSE IN I'M FROM, HED, I DON'T, YOU KNOW WHAT THEY, THEY DON'T HAVE ALL THIS.
BUT ON THE, ON THE NEIGHBOR THAT YOU CITED THAT HAD A PATIO, DID YOU BE, WERE YOU AWARE THAT THEY HAD A PATIO BEFORE OR AFTER YOU BUILT YOUR HOUSE? AFTER, AFTER, YOU KNOW, NOW WHEN I CAME TO KNOW, YOU KNOW, THEY, THIS IS NOT ALLOWED.
I'M NOTICING LIKE, YOU KNOW, I AM SEEING THE PATIOS, THEN THAT'S WHEN I ASK THE CUSTOMER.
BUT BEFORE, I'M NOT AWARE OF THAT.
SO WE SAW THEM BUILDING AFTER WE MOVED INTO OUR NEW HOME, BUT AT THAT POINT OF TIME, WE DIDN'T EVEN START OUR APPLICATION AND ALL OF THIS, BUT AS SOON AS IT WE MOVED IN, WE SAW THAT THEIR PATIO IS GETTING BUILT.
UM, I'M READY TO MOVE TO THE DISCUSSION.
I MISSED, DID WE, DID WE HAVE THE PUBLIC COMMENT OR NO, THERE WAS NOT ANY THERE.
I'D LIKE TO HEAR THE, YOUR ALL THOUGHTS BEFORE I CHIME IN.
ABSOLUTELY, YEAH, I'LL SHARE MINE.
I, UM, CERTAINLY LOOKING THROUGH THE PICTURES, I CAN UNDERSTAND YOUR, YOUR THOUGHTS AND I CAN UNDERSTAND THE DESIRE TO HAVE YOUR KIDS OUTSIDE.
UM, WE'RE BOUND TO WHETHER OR NOT WE AGREE THAT CRITERIA ARE MET, ARE NOT MET AS IT'S PRESENTED TO US.
UM, I ONLY DISAGREE WITH THE ONE POINT UNDER CRITERIA B, UM, THE RECURRING NATURE.
SO I THINK THAT THREE OUT OF FOUR ARE MET ON THAT SIDE, BUT I WOULD AGREE WITH PLANNING THAT, UH, THESE CONDITIONS, THESE CRITERIA AS THEY'RE READ, ARE NOT MET.
UM, MY THOUGHT BECAUSE I AM, WOULD BE LEANING TOWARDS DISPROVING THE VARIANCE, BUT MY THOUGHT IS THAT, UH, GOING THROUGH THE, THE DEVELOPMENT DOCUMENTS IS PROBABLY THE BEST COURSE OF ACTION IF THIS IS SOMETHING THAT'S GONNA HAPPEN OVER AND OVER AGAIN.
WHEN I LOOK AT YOUR LOT IN PARTICULAR, UM, UH, THE CLOSEST TO HAVING KIND OF THE, UH, THE SPECIAL CONDITION THAT WOULD BE NEEDED FOR THE FIRST CRITERIA IS THAT THE REAR NEIGHBORS ARE A LITTLE FURTHER BACK, AND I THINK THERE IS MORE SPACE THERE.
UM, YOU KNOW, I THINK INCIDENTALLY THAT'LL BE A GREAT PLACE FOR THE KIDS TO PLAY.
UM, I WOULD HOPE THAT IF THIS IS SOMETHING WHERE THE BUILDER HAS KIND OF LEFT FOLKS WITH, UH, NOT THE COMPLETE PICTURE OF WHAT WOULD BE REQUIRED, I MADE THEM THINK THAT MAYBE IT'D BE POSSIBLE TO LEAVE A PATIO THERE, THAT THEN I WOULD HOPE THAT THERE IS SOME LARGER SCALE REMEDY.
UM, BUT OUR ROLE ON THE BOARD AND, AND THE, UM, YOU KNOW, REQUIREMENTS THAT, THAT ARE MADE OF US, I THINK LEAD ME TO LEAN TOWARDS DISAPPROVAL.
YEAH, I'M, UH, I MEAN, I'M, I'M SYMPATHETIC TO YOUR, TO YOUR CAUSE AND, UH, YOUR, YOUR SITUATION.
UH, UNFORTUNATELY THOUGH, YEAH, WE ARE BOUND BY THE, UH, THE LAWS AS IT IS CURRENTLY.
UM, AND UH, FROM WHAT IT SOUNDS LIKE FROM, UH, THE CITY'S PRESENTATION, IT DOES SOUND AS IF THAT YOUR, UH, CONCERNS ARE, UH, FAIRLY POPULAR AMONG, UM, PEOPLE IN YOUR NEIGHBORHOOD.
SO THERE MIGHT BE, YOU KNOW, MEANS OF CHANGE, UH, ONCE THE HOA IS IS, UM, TRANSFERRED OVER, UM, ONCE YOU GUYS HAVE MORE OF A, UM, MORE OF A VOICE IN TERMS OF YOUR ROLE, UM, WITHIN THE NEIGHBORHOOD.
UM, I, I THINK SORT OF A, A DETRIMENT TO THE, UM, THE, YOUR CASE WOULD BE THAT IT'S, IT'S A FAIRLY NEW PROPERTY.
UM, AND THIS IS, YOU KNOW, THERE'S, THERE'S A CLOSE ENOUGH AMOUNT OF TIME BETWEEN, YOU KNOW, YOU PURCHASING AND, UM, AND NOW, UH, THAT IT WOULDN'T NECESSARILY, YOU KNOW, UH, BRING THINGS TO, UM, UH, UH, CAUSE THINGS THAT OUTSIDE OF YOUR CONTROL, UM, THERE, THERE WOULD HAVE BEEN SOME MORE CONTROL OVER, UM, YOU KNOW, WHERE YOU, WHERE YOU LAND AND, AND YOUR, YOUR ULTIMATE GOALS FOR YOUR, UH, FOR YOUR PROPERTY.
[00:30:01]
NOT REALLY SEEING MUCH OF A MUCH ROOM FOR, UM, FOR VARIANCE HERE.I, I DON'T, I I I'M NOT TOO CERTAIN ABOUT THE, THE SIDE GARAGE AND WHY THAT WOULD BE A SPECIAL CONDITION.
UM, YEAH, SO I, I'M, I'M SORT OF, YEAH, I'M NOT REALLY SEEING ANYTHING THAT, UH, THAT WOULD REALLY LEAD ME AWAY FROM THE CITY'S DETERMINATION AT THIS POINT.
YEAH, I, I TEND TO AGREE, UM, ALSO SYMPATHETIC TO YOUR SITUATION AND, BUT WE CAN ONLY LIKE, YOU KNOW, MAKE A JUDGMENT BASED OFF OF WHAT WE'VE HEARD AND WHAT WE'VE READ.
SO, UM, IT'S HARD TO RATIONALIZE A SPECIAL CONDITION, YOU KNOW, HOUSE WAS BUILT, UM, WHICH LIMITS THE SUB, YOU KNOW, HOW MUCH ROOM YOU HAVE FOR A PATIO.
UM, I'M NOT SURE OF THE THIRD, YOU KNOW, CRITERIA AND CRITERIA A, BUT YOU KNOW, ULTIMATELY IT'S PRETTY, THERE'S A PRETTY STEEP THRESHOLD FOR ME TO GET OVER TO RATIONALIZE IT, SO I'M INCLINED TO, UH, DISAPPROVE.
YEAH, I'M, I'M THE, THE SAME AS EVERYBODY ELSE.
AND I THINK THAT, I DON'T RECALL IF ANYBODY THAT'S HERE TONIGHT WAS ON THE BOARD WHEN WE HAD WENT THROUGH A RASH OF THEM IN THE SAME NEIGHBORHOOD, BUT THE, THE SITUATION WE HAD WAS IF YOU BUILT YOUR HOUSE, CRITERIA TWO WAS A PRETTY HIGH HURDLE TO OVERCOME BECAUSE YOU HAD A LOT OF SAY IN THE LOCATION OF IT, OR AT LEAST COULD HAVE DONE SOMETHING ABOUT IT.
I THINK IT WAS WHAT PATRICK WAS SAYING IS IF YOU BOUGHT THE HOUSE WHEN IT WAS ALREADY THERE, YOU DIDN'T HAVE ANY, ANY CONTROL OVER IT.
SO, YOU KNOW, AS OF RIGHT NOW, I MEAN, I, I JUST CAN'T SEE A WAY WE CAN GET THROUGH THE, THE FIRST PART OF THIS, WHAT I WILL TELL YOU, AND I, AND I THINK THAT ZACH KIND OF LAID OUT A CLEAR PATH HOW THERE'S A POSSIBILITY OF THIS.
SO RIGHT NOW IT SOUNDS LIKE ALL FOUR OF US WOULD BE VOTING AGAINST GRANTING YOU THE VARIANCE, WHICH MEANS YOU WOULD NOT BE ABLE TO GET IT TONIGHT.
UM, AS ZACH SAID EARLIER, IF IT'S DENIED, YOU'D HAVE TO WAIT ANOTHER YEAR TO REQUEST ANOTHER VARIANCE.
YOU HAVE THE ABILITY TO, I GUESS, WITHDRAW TECHNICALLY OR TABLE IF WE VOTE ON IT, YOUR APPLICATION, UM, NOT NECESSARILY SUPPOSED TO RECOMMEND THIS, BUT THAT'S WHAT I WOULD THINK WOULD BE THE BEST OPTION FOR YOU BECAUSE YOU HAVE TWO OTHER MECHANISMS IN WHICH YOU COULD POSSIBLY BE ABLE TO PUT A PATIO IN.
UM, THE FIRST IS ASKING THE DEVELOPER HASN'T DONE A A LOT SO FOR YOU SO FAR TO COME TO THE CITY TO ASK FOR A CHANGE IN THE TEXT, BUT I BELIEVE ESPECIALLY WHERE THE PROJECT IS RIGHT NOW, AND FROM WHAT YOU'VE SAID, THERE'S GOING TO BE A TRANSITION OF THE HOMEOWNERS ASSOCIATION FROM A TEMPORARY HOA TO A PERMANENT HOA, YOU CAN BE ON THAT, GET YOUR NEIGHBORS TO BE ON IT, AND THEN AS AN HOA, IT'S SOMETHING THAT SEEMS LIKE IT WOULD BE BENEFICIAL TO, TO ALL THE PEOPLE THERE, COME TO THE CITY AND ASK FOR A CHANGE TO THE TEXT.
AND SO WE CAN'T TELL YOU WHAT TO DO.
I CAN JUST TELL YOU IF YOU'D LIKE US TO VOTE, WE'RE HAPPY TO DO THAT.
IT APPEARS THAT IT'S GOING TO BE DENIED.
IT, IT, IT DOES PUT THAT PRECLUSION ON YOU IF YOU WISH TO HAVE US, WE CAN, I THINK EVERYONE BE, UH, BE OPEN TO TABLING THIS FOR YOU, WHICH IS KIND OF PULLING BACK, UH, A VOTE SO IT'S NOT VOTED ON TO GIVE YOU THOSE OTHER OPTIONS.
YEAH, AND MAYBE, UH, TO ADD TO THAT, IT'S, IT'S MORE OF A PAUSE ON, ON THE VOTE, SO IT STILL KEEPS THE APPLICATION OPEN, UM, IN CASE SOMETHING COMES UP WHERE WE NEED TO COME BACK BEFORE YOU.
UM, I, I KNOW OUR STAFF ALSO IS SYMPATHETIC IN THIS.
IT'S, WE'RE DEDICATED TO, TO TRYING TO MAKE THIS RIGHT IN THE NEIGHBORHOOD.
UM, AND, AND I KNOW WE'LL CONTINUE TO REACH OUT AND, AND, UH, ENGAGE WITH THOSE THAT ARE CURRENTLY IN CHARGE, UH, TO GET AN APPLICATION.
I KNOW I'VE SPOKE WITH A FEW, UM, AT LEAST ONE OF THE ADJACENT NEIGHBORS AND TALK TO ABOUT THAT PROCESS AND WHAT THAT LOOKS LIKE.
SO I KNOW THERE IS SOME INTEREST FROM OTHER RESIDENTS, UM, AND HOPEFULLY THAT'S, IDEALLY THAT IS A, A BETTER APPROACH TO THIS, UH, RATHER THAN THE SINGLE VARIANCE, BUT JUST WANTED TO OFFER THAT, THAT ADDITIONAL INSIGHT.
YEAH, I THINK I HEAR THE MESSAGE FROM THE CITY IS YOU UNDERSTAND THERE'S SITUATION AND YOU WANT TO HELP, BUT THAT YOU, SOMEONE HAS TO BRING IT TO YOU FORMALLY TO HELP.
AND I KNOW WE HAVE NO CONTROL OVER DIRECTING THE CITY, BUT I THINK AFTER HEARING THIS TONIGHT, I, I WOULD ASK IF EVERYONE ELSE'S THOUGHTS THE SAME.
I THINK THE CITY REACHING OUT AGAIN TO THE DEVELOPER AND JUST SAYING, THIS IS AN ISSUE, WE'D LIKE YOU TO, TO TRY TO ADDRESS IT.
AGAIN, I KNOW WE DON'T HAVE CONTROL OVER THAT, BUT I FEEL LIKE THERE'S A UNANIMOUS SUPPORT FROM THE BOARD THAT WE WOULD, WE WOULD AT LEAST ASK IF THAT'S POSSIBLE, THAT THERE BE SOME ATTEMPT FOR THE, FOR THE WHOLE SUBDIVISION IF, IF NOT TO HELP THE RESIDENTS, WHICH I KNOW THE CITY WANTS TO DO, BUT IT ALSO WOULD LESSEN A BURDEN BECAUSE I HAVE A FEELING THERE'S GOING TO BE REPEATED REQUESTS OF THE SAME THING.
AND SO FIXING THEM BEFORE THEY COME KIND OF SOLVES THE PROCESS IN ADVANCE.
I WILL MENTION, I KNOW BASSAM'S HERE AND, AND I'LL MENTION TO JENNY AS WELL THAT THAT'S A SUGGESTION, SOMETHING
[00:35:01]
THAT THE BOARD HAS SUGGESTED.SO I'LL, WE'LL TOUCH BASE WHEN WE'RE BACK AT THE OFFICE AND FIGURE OUT A GAME PLAN TO, TO REACH BACK OUT.
SO AT THIS POINT, IT'S KIND OF UP TO YOU IF YOU, IF YOU'RE OPEN TO US TABLING IT, IT'S SOMETHING WE CAN, WE CAN DISCUSS UP HERE.
IF YOU WANT US TO VOTE ON IT, WE'RE HAPPY TO DO THAT.
DO YOU HAVE A, COULD YOU COME THE MIC AND JUST LET US KNOW WHAT YOU, WHAT YOU'D LIKE TO DO? YEAH, WE WOULD LIKE THAT SUGGESTION OF PAUSING IT.
UH, AND YOU KNOW, MAYBE I HEARD FROM OTHER NEIGHBORS ALSO.
THEY'RE TRYING TO, YOU KNOW, GET THE PER PERMIT, YOU KNOW, THEY ASK ME WHAT IS THE PROCESS I EXPLAIN THEM.
AS YOU SAID, YOU KNOW, BEFORE EVERYONE COMES WITH THE VARIANCE.
I, I WILL BE FULLY SUPPORTIVE IF I, IF I NEED TO, IF ANYTHING NEEDS TO BE DONE FROM MY SIDE, I WILL BE THERE AND, YOU KNOW, THANK YOU.
WELL, YEAH, THANK YOU FOR COMING.
AND I, I THINK THE, THE FACT THAT THERE'S OTHER NEIGHBORS THAT HAVE THE SAME ISSUE, MAYBE EVERYBODY JOINING TOGETHER WHEN THERE'S THE HOMEOWNERS ASSOCIATION FORMED, I THINK YOU ALREADY HAVE A CONNECTION IN ZACH THAT THE CITY'S WILLING TO LISTEN TO WHAT YOU HAVE TO SAY.
SO THAT'S A, A GOOD FIRST STEP.
SO WE WOULD NEED A MOTION AT THIS POINT AT THE TABLE.
IS THAT ACCURATE, ZACH? CORRECT.
JUST A MOTION TO TABLE THE APPLICATION.
UH, SO I, UH, JUST ONE MORE THING TOO.
I, IT, UH, A, A DOING THIS BY WAY OF VARIANCE IS, IS LIKE KIND OF A, LIKE WHACK-A-MOLE SORT OF APPROACH TO IT.
SO I THINK BY GOING THIS ROUTE, UH, YOU WOULD BE, UH, CREATING A MORE COMPREHENSIVE SORT OF SOLUTION FOR NOT ONLY YOURSELVES BUT YOUR NEIGHBORS AND, AND THAT SORT OF THING AS WELL.
SO I THINK, UH, THAT'S, THAT'S, UH, THAT'S WELL TAKEN.
UH, SO ON IN THAT, ON THAT NOTE, UM, I WOULD MOVE THAT, UH, WE TABLED THE, THE APPLICATION AT THIS TIME.
DO A SECOND, SECOND, UH, DO WE HAVE TO CALL ROLL ON THAT? YES.
JUDY, COULD YOU CALL ROLL PLEASE? OKAY.
SO IT'S, IT'S STILL PENDING, BUT SURE.
THIS BE IN CONTACT WITH ZACH IF THERE'S ANYTHING TO BE CHANGED WITH THAT.
DO YOU HAVE ANY COMMUNICATIONS
[COMMUNICATIONS]
FOR TONIGHT, ZACH? UH, NO COMMUNICATIONS AT THE MOMENT.UM, WE ARE, I KNOW THAT JASON IS APPROACHING HIS, UH, TIME UP ON THE BOARD.
UH, SO I BELIEVE NEXT MONTH WOULD BE HIS LAST MEETING.
SO, UH, WE WILL BE ENGAGING IN THE PROCESS OF FINDING A NEW MEMBER FOR THIS BOARD.
UM, SO I'M SURE THAT WILL HAPPEN SOMETIME THIS SUMMER.
SO ONCE I HAVE MORE INFO TO SHARE, I'LL SHARE IT.
UM, BUT I WOULD EXPECT TO HAVE OUR NEXT MEETING, WHICH I BELIEVE IS MAY, I WANNA SAY MAY 30TH.
IT'S THE LAST THURSDAY OF THE MONTH, SO WE DO HAVE A COUPLE APPLICATIONS IN, SO I WOULD EXPECT TO HAVE THAT MEETING.
IF THERE'S NOTHING ELSE, GUESS WE'RE ADJOURNED.