[00:00:05]
GOOD EVENING.[CALL TO ORDER]
MAY 30TH, 2024.WELCOME TO THE CITY OF DUBLIN, BOARD OF ZONING APPEALS MEETING HELD AT 5 5 5 5 PERIMETER DRIVE.
THE MEETING CAN BE ALSO ACCESSED VIA THE CITY'S LIVESTREAM VIDEO ON THE CITY'S WEBSITE.
WE WELCOME PUBLIC PARTICIPATION, INCLUDING PUBLIC COMMENT ON CASES.
THE MEETING PROCEDURE FOR EACH 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 OF THE APPLICANT.
THE BOARD WILL HEAR PUBLIC COMMENTS FROM, UH, THE PODIUM.
EACH SPEAKER MUST PROVIDE THEIR NAME AND ADDRESS FOR THE RECORD FOLLOWING ANY PUBLIC COMMENT, INCLUDING THOSE SUBMITTED SEPARATELY BY EMAIL.
THE BOARD WILL DELIBERATE ON THE CASES PRIOR TO RENDERING A DECISION.
JUDY, WILL YOU CALL THE ROLE PLEASE? MR. DESLER? HERE.
[ACCEPTANCE OF DOCUMENTS and APPROVAL OF MEETING MINUTES]
CAN WE GET A MOTION TO ACCEPT THE DOCUMENTS INTO THE RECORD AND APPROVE THE MEETING MINUTES FROM APRIL 25TH, 2024.I'M GOING TO ABSTAIN SINCE I WAS NOT PRESENT.
WE'RE GONNA MOVE ON TO THE SWEARING OF WITNESSES AND STAFF.
IF ANYONE INTENDING TO ADDRESS THE BOARD HERE THIS EVENING ON ANY OF THE CASES, PLEASE STAND, RAISE YOUR RIGHT HAND AND ANSWER IN THE AFFIRMATIVE.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH IN YOUR TESTIMONY TO THE BOARD THIS EVENING? YES.
[Case #24-015V]
ALRIGHT, OUR FIRST CASE THIS EVENING IS CASE NUMBER TWO FOUR DASH 0 1 5 V, THE CONRAD RESIDENCE.THIS IS REGARDING A NON-USE AREA VARIANCE.
SPECIFICALLY, THIS IS A REQUEST FOR VARIANCE TO ALLOW A POOL, PATIO AND ACCESSORY STRUCTURE TO ENCROACH INTO THE REAR YARD SETBACK.
THE 2.7 ACRE SITE IS ZONED PLR, PLANNED LOAD DENSITY RESIDENTIAL DISTRICT, AND BISHOP'S CROSSING, AND IS LOCATED NORTHEAST OF THE INTERSECTION OF MILL SPRINGS DRIVE AND BISHOP'S CROSSING CIRCLE.
OUR CASE PRESENTATION THIS EVENING IS BY ZACH HOSHE.
THIS IS A REQUEST FOR A NON-USE AREA VARIANCE FOR THE CONRAD RESIDENTS.
UH, THE SITE IS SHOWN ON YOUR SCREEN.
IT'S ABOUT 0.27 ACRES IN SIZE.
AGAIN, ZONED TO THAT PLR, WHICH IS ESSENTIALLY A PLAN UNIT, DEVELOPMENT DISTRICT, UH, BACK WHEN THAT WAS DONE IN ABOUT 2000.
UH, THIS SITE IS 85 FEET WIDE AND 140 FEET DEEP.
THE HOUSE IS LOCATED APPROXIMATELY 50 FEET FROM THE REAR PROPERTY LINE, ABOUT 26 FEET FROM THE FRONT PROPERTY LINE, UM, AND HAS RESIDENCES ON ALL SIDES.
SO IT'S NOT ADJACENT TO ANY OPEN SPACE OR RESERVE.
UH, THERE IS A WALKING PATH THAT DOES KINDA STRADDLE THE SOUTHERN PROPERTY LINE.
UH, THE SHARED PROPERTY LINE THERE WITH THAT SOUTHERN, UH, NEIGHBOR THAT IS PUBLIC.
UM, AGAIN, THE HOUSE IS CENTRALLY LOCATED AND THERE IS A PATIO THAT'S EXISTING HERE.
THE SITE IS GENERALLY FLAT, UH, WITH MINIMAL VEGETATION, UH, THAT'S LIMITED MORE TO THE OUTSIDES OF THE, THE OUTSKIRTS OF THE PROPERTY.
UH, HERE YOU CAN SEE, UH, THE REAR YARD OF THE PROPERTY WHERE, UH, THIS REQUEST IS, UH, BEING ASKED FOR.
UH, THIS IS LOOKING FROM THE WALKING PATH ON THE SOUTH SIDE, LOOKING NORTH, SO YOU CAN GET AN IDEA OF, UH, WHAT THIS AREA CURRENTLY LOOKS LIKE.
SO THE APPLICANT IS REQUESTING A VARIANCE TO THE DEVELOPMENT TECH SPECIFIC TO THE REAR YARD SETBACK.
UH, WITHIN THIS DEVELOPMENT, THE SETBACK IS ESTABLISHED AS 25% OF THE LOT DEPTH, WHICH IN THIS CASE IS 35 FEET.
UH, THE APPLICANT IS REQUESTING A 25 FOOT SETBACK TO ALLOW FOR THESE IMPROVEMENTS TO OCCUR, WHICH INCLUDES SWIMMING POOL, THE SWIMMING BARRIER OR SWIMMING POOL BARRIER FENCE AND OUT, UH, OVERHEAD STRUCTURE, AND THEN THAT PATIO AREA AS WELL.
UH, THEY WOULD NOT BE ENCROACHING INTO THE 20 FOOT, NO BUILD ZONE THAT'S LOCATED AT THE REAR OF THE PROPERTY, WHICH THAT'S CONSISTENT.
[00:05:01]
CONSISTENT THROUGHOUT MANY OF THE, THE PROPERTIES ON THIS SIDE OF THE STREET.UH, A FEW OTHER REQUIREMENTS TO NOTE, UH, THE POOLS ARE REQUIRED TO BE LOCATED 10 FEET FROM THE HOME.
UH, IN PREVIOUS, PREVIOUS, UH, REQUESTS THAT WE'VE HAD, AT LEAST IN MY TENURE HERE, UH, THAT'S BEEN A TOPIC OF DISCUSSION AND IT WAS INTENDED TO, UH, MAKE SURE THAT ANY OPENINGS, IT'S AWAY FROM OPENINGS FOR SAFETY REASONS.
THIS REQUEST CURRENTLY, I BELIEVE, IS MEETING THAT REQUIREMENT, BUT AGAIN, BECAUSE THEY'RE MEETING THAT REQUIREMENT OR ASKING FOR THE NON-USE AREA VARIANCE FOR THIS, UH, THE APPLICANT DID PROVIDE A STATEMENT, WHICH I'LL LOOK TO THEM TO EXPLAIN THEIR REASONING FOR THE VARIANCE.
UH, BUT ONE THING I DID WANT TO POINT OUT IS THAT WITHIN THIS DEVELOPMENT, THE FRONT BUILDING LINE IS VARIED.
IT DOES STAGGER FROM 25 TO 30 FEET.
UH, THE FRONT SETBACK FOR THIS PROPERTY IS 25 FEET, AND THEN TO THE NORTH AND SOUTH IT'S 30 FEET.
AND IT DOES VARY JUST AS YOU KEEP GOING THROUGHOUT THIS DEVELOPMENT.
SO THE SETBACK IS CONSISTENT, CONSISTENTLY APPLIED THROUGHOUT ALL PROPERTIES, AND THEN THAT FRONT PROPERTY LINE IS STAGGERED.
SO YOU'LL SEE THAT IN THE FINAL PLOT.
AND I DO HAVE THAT IF YOU'D LIKE TO SEE THAT AT SOME POINT DURING THIS PRESENTATION.
SO STAFF DID REVIEW THIS APPLICATION TO THE APPLICABLE CRITERIA.
THE THREE CRITERIA SHOULD ON THE SCREEN, ALL HAVE TO BE MET.
UH, THE PRIMARY CONCERN THAT STAFF FOUND WAS REGARDING THE SPECIAL CONDITIONS.
SO, UH, THE SITE IS RECTANGULAR, UH, AND IS SIMILAR SIZE AND GEOMETRY TO SIM SEVERAL LOTS WITHIN THIS DEVELOPMENT.
UH, THE DEPTH OF THE LOT IS GENERALLY CONSISTENT WITH PROPERTIES TO THE NORTH AND SOUTH, UH, AND WITH SEVERAL RECTANGULAR LOTS WITHIN BISHOP'S CROSSING.
AND THEN, AS STATED, THAT FRONT BUILDING LINE, SE BUILDING LINE IS LESS RESTRICTIVE ON THIS SITE, UM, AS COMPARED TO THE NORTH AND SOUTH PROPERTIES.
UM, SO ALTHOUGH THOUGH THERE IS THAT BIKE PATH, IT DOESN'T IMPACT THE CONDITION OF THE SITE FOR WHAT IS BEING REQUESTED.
SO WITH THAT, STAFF HAS FOUND THAT THIS CRITERIA HAS NOT BEEN MET.
UH, FOLLOWING THAT STAFF DID FIND THAT THREE OF THE FOUR CRITERIA OF COLLECTION B ARE MET, TWO OF THE FOUR HAVE TO BE MET WITH THAT STAFF IS NOT SUPPORTIVE OF THIS VARIANCE DUE TO THOSE SPECIAL CONDITIONS.
UH, IN THE FIRST SET OF CRITERIA.
UH, I'M HAPPY TO ANSWER ANY QUESTIONS, OTHERWISE, THE, THE PROPERTY OWNERS ARE HERE TO, TO ANSWER ANY QUESTIONS AND ADDRESS ANY CONCERNS.
ZACH, DO YOU HAVE ANY QUESTIONS FOR STAFF? JOEL, PATRICK, DAN, YOU GUYS GOOD?
UH, REAL, REAL QUICK ON THE ASPECT.
I, I THINK I WANNA MAKE SURE I UNDERSTAND IT.
WITH REGARD TO THE STAGGERING OF THE HOMES, THEIR HOME ACTUALLY HAS A, A LARGER BACKYARD, YOU'RE SAYING, THAN SOME OF THE OTHER HOMES BASED ON WHERE THE, THE SETTING IS? CORRECT.
SO THROUGHOUT THIS DEVELOPMENT, ALL PROPERTIES EITHER HAVE A 25 OR 30 FOOT.
UH, SO THE BLUE REPRESENTS THE 25.
SO YOU CAN SEE HOW IT DOES VARY.
AND THEN HOW DOES, YOU HAD INDICATED SOMETHING ABOUT THE POOL HAS TO BE 10 FEET FROM THE HOME, WHICH IT APPEARS TO BE, BUT THEN YOU KIND OF, KIND OF TAILED OFF.
HOW DOES THAT IMPACT THE REQUEST FOR THE VARIOUS? WHAT IT WOULD IMPACT IS THE LOCATION IN WHICH THEY CAN PLACE A POOL ON THE SITE.
SO THEY HAVE ABOUT 20 OR 15 FEET FROM THE REAR OF THE HOME TO WHERE THAT SETBACK IS.
UM, ANYONE THAT WANTED TO BUILD A POOL HERE, THEY'D HAVE TO MEET THAT 10 FEET, BUT ALSO THAT REAR SETBACK.
SO IT'S NOT, IT'S NOT NOT PERTINENT TO THIS SPECIFIC REQUEST, BUT IT DOES PLAY OUT IN, IN THE LAYOUT OF WHERE YOU CAN PUT HOME.
AND AGAIN, THAT REQUIREMENT WAS PUT IN PLACE MORE OF A BUILDING REQUIREMENT FOR THAT SAFETY ASPECT, STOPPING PEOPLE FROM, YOU KNOW, BEING ABLE TO QUICKLY EXIT THE HOUSE AND POTENTIALLY FALL AND INJURE THEMSELVES IN THE POOL.
I ASSUME THAT YOU HAD DISCUSSIONS WITH THE APPLICANT ABOUT THE, THIS REQUEST PREVIOUSLY? I SPOKE WITH, UH, THEIR REPRESENTATIVE WHO IS NOT HERE AT THE MOMENT.
UM, BUT WE SPOKE ABOUT THE REQUEST.
UM, THEY DID MODIFY IT FROM THE ORIGINAL DISCUSSION THAT WE HAD TO ENCROACH LESS INTO THE, THE REAR SETBACK.
UM, THEY WERE INVOLVED IN A PREVIOUS VARIANCE THAT WE DID WHERE THERE WAS DISCUSSION ABOUT DO WE ALLOW FOR THIS TO GO INTO THE REAR SETBACK OR DO WE ALLOW IT TO COME CLOSER TO THE HOUSE.
UM, SO HE'S AWARE OF THOSE REQUIREMENTS AND I BELIEVE THAT'S PART OF THE DISCUSSION THAT THEY HAD, HE HAD BETWEEN HIM AND HIS OWNERS.
BUT I'LL LOOK TO THEM TO, TO SPEAK TOWARDS THAT.
[00:10:02]
THE ONE, UH, PICTURE THAT HAD LIKE, NOT THE PLA BUT UH, JUST THE, THEIR PROPERTY WHERE IT SHOWED THE, THE LINES? YES.SO WHERE ON HERE IN THEIR PROPERTY, WHAT WOULD THEY BE ABLE TO, TO PUT A POOL THAT SATISFIED THE NO BUILD ZONE, THE SETBACK, AND THE 10 FEET FROM THE HOME.
SO THE GREEN AREA IS THE BUILDABLE AREA TO THE REAR OF THE HOUSE.
UM, SO YOU WOULD HAVE TO TAKE 10 FEET FROM, IF YOU CAN SEE MY CURSOR MM-HMM.
SO YOU'RE REALLY LOOKING AT, IT'D BE ABOUT FIVE FEET THAT THEY WOULD HAVE.
UM, AGAIN, THAT'S NOT BEING REQUESTED TONIGHT.
IT IS JUST FOR THAT, THAT REAR SETBACK THAT THEY'RE CURRENTLY ASKING FOR.
STAFF FINISHED THE PRESENTATION.
SO I KNOW ANOTHER GENTLEMAN WALKED IN.
DO YOU WANT HOMEOWNERS TO KIND OF, EVERYBODY PROBABLY CAN MATRICULATE OVER AND WE'LL SWEAR IN, UH, YOU ONCE YOU INTRODUCE YOURSELF.
YEAH, BRIAN, LEMME DO THE LOREN, UM, APPLICANT OR, UM, REPRESENTING THE, UH, UH, THE HOMEOWNERS HERE.
UH, BRIAN LORENZ, L-O-R-E-N-Z-A-I-C-P, UH, 7 0 0 7 DISCOVERY BOULEVARD.
AND, UH, APPRECIATE THE OPPORTUNITY.
LEMME SWEAR YOU IN JUST TO MAKE SURE SINCE SURE.
CAN YOU RAISE YOUR RIGHT HAND, UH, AND ANSWER IN THE AFFIRMATIVE? OKAY.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH IN YOUR TESTIMONY TO THIS BOARD? I DO.
AND, UM, CHAIRMAN, WOULD YOU LIKE TO SWEAR THE HOMEOWNERS AS WELL THERE? THEY, THEY WERE, THEY ALREADY HAD BEEN SWORN IN.
I'VE BEEN DEALING WITH A REALLY, REALLY BAD COLD, LIKE ONE IN A MILLION.
UM, SO WE'RE HERE REPRESENTING THE HOMEOWNERS.
UM, TESTIMONY'S BEEN PROVIDED BY THE STAFF.
UH, OBVIOUSLY WE'RE LOOKING FOR RELIEF FROM THE, UH, REAR YARD SETBACK.
UM, WE'VE PROVIDED SOME INFORMATION, UH, DEALING WITH, YOU KNOW, THE, THE, UM, CIRCUMSTANCES WITHIN THE LOT.
UH, THE HOMEOWNERS HERE HAVE BEEN HERE.
HOW LONG YOU GUYS BEEN THERE? ALMOST EIGHT YEARS.
UM, SO, YOU KNOW, THEY'RE AWARE OF THE, UH, DEED AND COVENANTS AND RESTRICTIONS.
I I THINK ONE OF THE THINGS THAT REALLY HAMPERS THEM A LITTLE BIT, UH, IS NOT ONLY THE, UH, EASEMENT TO THE WEST, UH, WITH THE, UH, YOU KNOW, THE, UH, THE BIKE PATH, BUT ADDITIONALLY THE NO BUILD ZONE.
AND SO THERE ARE POOLS THAT ARE IN THE BISHOP'S RUN SUB SUBDIVISION.
UM, AND I'LL LET THEM TALK, YOU KNOW, A LITTLE BIT ABOUT THAT.
UH, AS FAR AS, UH, YOU KNOW, SEEKING RELIEF, UH, I DON'T THINK THAT THIS I REQUEST REALLY, UH, EMPOWERS THEM OR GIVES THEM A ADVANTAGE OVER OTHER PROPERTY OWNERS.
I KNOW, LIKE I MENTIONED IN THE PAST.
AND, AND WE'VE PROVIDED, UH, INFORMATION TO STAFF, UH, ABOUT SOME OF THE OTHER POOLS THAT, YOU KNOW, MAY HAVE BEEN APPROVED BEFORE OR WHETHER OR NOT, UM, THE ZONING CODE HAS CHANGED.
BUT, UH, WE WOULD, UH, APPRECIATE YOUR, UH, UH, ACCEPTANCE OF OUR, OUR REQUEST, AND WE'RE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.
AND SINCE THEY'VE BEEN SWORN IN, UH, I'LL GO AHEAD AND LET THEM SPEAK AS WELL, IF THAT'S, UH, APPROPRIATE, MR. CHAIR.
YEAH, THEY CAN BOTH COME UP AND PRESENT AS NEEDED.
UM, I'M JUST GONNA READ A STATEMENT THAT WE PREPARED, UH, FIRST OFF, UH, KENDRA, UM, OUR THREE BOYS.
AND I WOULD LIKE TO, CAN YOU JUST REAL QUICK, JUST MAKE SURE WE, JUST FOR THE RECORD, GIVE YOUR, GIVE YOUR NAME AND ADDRESS, PLEASE? YES, YES.
UM, IT'S JAMES AND KINDER CONRAD.
7 6 1 8 MILL SPRINGS DRIVE, DUBLIN, OHIO, 4 3 0 1 6.
UM, FIRST OFF, KENDRA AND I AND OUR, OUR THREE BOYS WOULD LIKE TO, UM, THANK YOU FOR THE OPPORTUNITY TO, UH, BLOCK OFF SOME TIME OF YOUR AGENDA
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THIS EVENING.UM, TO HEAR OUR PROPOSAL OF OUR REAR PROPERTY, UH, PROJECT, UH, WE'VE LIVED IN DUBLIN AND AT OUR CURRENT RESIDENCE FOR ALMOST EIGHT YEARS NOW.
UH, WE LOVE THE CITY AND OUR CURRENT HOME.
UH, THE COST OF LIVING HERE IS NOT CHEAP THOUGH.
AND AS OUR FAMILY GROWS, UH, WE HAVE ENTERTAINED OUR OPTIONS MOVING FORWARD, UH, WITH THE CURRENT HOUSING MARKET.
THE PRICE OF HOMES HERE HAVE, HAVE ELEVATED, UH, AS WELL AS THE INTEREST RATES.
UM, SO WE HAVE DECIDED WHAT IS MOST FINANCIALLY FEASIBLE FOR US, UH, AND OUR FAMILY IS TO INVEST IN OUR CURRENT PROPERTY.
UH, AND THAT IS WITH THIS OUTDOOR PROJECT THAT WE'VE INITIATED.
UH, WE DO LOVE OUR HOME, UH, BUT IT IS 2,500 SQUARE FOOT, UH, RANCH ON A QUARTER ACRE LOT.
UM, SO BEING A RANCH, THE SQUARE FOOTAGE DOES CONSUME A SUBSTANTIAL PERCENTAGE OF THE LOT IN THE OUTDOOR SPACE.
OUR THREE BOYS, UH, CADEN 13, BECKETT 10, AND HUDSON SEVEN ARE HIGHLY ACTIVE.
UH, THEY PARTICIPATE IN ALL KINDS OF SPORTS, UH, THEREFORE REQUIRING US TO REVOLVE OUR SCHEDULES AROUND THEIR ACTIVITIES.
UM, THIS HAS COME AT THE SACRIFICES OF, OF US PLANNING FAMILY VACATIONS DUE TO THEIR CONFLICTING SCHEDULES.
UM, OUR BOYS LOVE TO SWIM, SO WE FEEL ADDING A POOL WOULD, UH, FILL THAT VOID OF THEM MISSING OUT ON MORE VACATION AND TRAVEL EXPERIENCES.
UM, AS THEY GROW OLDER, OLDER, UM, THE BACKYARD WIFFLE BALL, SOCCER AND FOOTBALL GAMES, UM, ARE BECOMING LESS AND LESS REALISTIC, UH, WITH THE SIZE OF OUR LOT.
UM, SO THEREFORE, KENDRA AND I HAVE DISCUSSED HOW WE, UH, COULD ENHANCE OUR PROPERTY TO GIVE OUR BOYS, UH, CHILDHOOD MEMORIES, UH, AND BELIEVE BY ADDING A POOL TO THEIR HOME WOULD IN FACT DO THAT, UM, AS THEY GO THROUGH THEIR ELEMENTARY, MIDDLE SCHOOL, UH, AND HIGH SCHOOL YEARS AND BEYOND.
UH, THIS PROJECT WOULD GIVE US AN EXTENSION OF OUR CURRENT 2,500 SQUARE FOOT LIVING SPACE, UH, AS THE, AS THE BOYS CONTINUE TO GROW AND GET OLDER, UH, AND COULD USE THIS ADDITIONAL FUNCTIONAL SPACE.
UH, IT WOULD ALSO GIVE US THE OPPORTUNITY, UH, TO SPAN, SPEND, INCREASE TIME WITH THEM, UM, WHILE THEY'RE AT HOME, BEFORE THEY GO INTO THEIR LIFE OF INDEPENDENCE.
UM, AS WE PUT THIS IDEA TOGETHER, UM, WE CAME TO LEARN OF SOME OF THE RESTRICTIONS ON THE PROPERTY, UH, AND WITHIN THE CITY OF DUBLIN, UH, AGAIN, WE LIVE ON A VERY MODEST QUARTER ACRE LOT, SO DO NOT HAVE MUCH ROOM TO WORK WITH ORIGINALLY.
UM, OUR LOT HAS A 20 FOOT REAR NO BUILD ZONE.
UM, BUT WE ALSO CAME TO FIND OUT ABOUT THE 25% REAR SETBACK.
UM, SO WITH THIS 140 FOOT OF DEPTH ON OUR LOT, THAT RESTRICTS US FROM DOING ANYTHING ON 35, UH, FEET OF THE PROPERTY.
UH, THE REAR REAR YARD IS A TOTAL OF 51 FEET FROM THE BACK OF THE HOUSE, UH, WHICH GIVES US, UH, ESSENTIALLY 16 FEET TO WORK WITH, UH, FOR A POOL PROJECT.
UM, NATURALLY THIS IS NOT FEASIBLE, UM, FOR THE SCALE PROJECT THAT WE WOULD LIKE TO DO.
UM, OUR ORIGINAL SUBMISSION, UM, AS ZACH SPOKE ON, UH, TO THE CITY, WAS TO HERE, WAS TO ADHERE TO THE 20 FEET, NO BUILD ZONE.
UM, IF WE COULD GET AN IMP UH, APPROVAL TO ENCROACH UPON THE ADDITIONAL 15 FEET OF THE REAR SETBACK.
AFTER SUBMITTING OUR ORIGINAL SUBMISSION THAT WAS DENIED, UH, DUE TO THE RESTRICTIONS IN PLACE, WE DECIDED TO GIVE A LITTLE, UH, AND MOVE THE PROJECT FOUR FEET TOWARDS THE HOUSE, UM, TO GIVE BACK THAT ADDITIONAL FOUR FEET IN THE REAR SETBACK.
UM, SO WE DO, UH, STILL ADHERE TO THE 10 FEET, UH, FROM THE REAR OF THE, OF, OF THE, THE BACK OF THE HOUSE THERE.
UH, ORIGINALLY THAT WAS 14 FEET.
NOW IT IS, UH, 10 FEET BY GIVING BACK SOME MORE OF THAT REAR SETBACK.
UM, OUR LOT IN THE REAR IS LINED, UH, BY FULLY MATURE EVERGREENS, UH, WHICH ARE GREAT FOR PRIVACY FOR OUR NEIGHBORS TO THE BACK.
UM, WE ALSO HAVE 10 FEET OF BIKE PATH TO THE SOUTH OF OUR PROPERTY, UH, WHICH ADDS SEPARATION TO THOSE NEIGHBORS, UH, AND THEN A LARGE DISTANCE FROM PROJECT EDGE TO THE NORTH OF, FOR THOSE NEIGHBORS.
UM, SO PRIVACY IS NOT REALLY AN ISSUE ON OUR LOT.
UM, THAT IS, THAT IS WELL PROTECTED.
UH, THEREFORE, UH, WE GRACELY ASK FOR YOUR APPROVAL TO ENCROACH UPON THE ADDITIONAL 1111 FEET OF THE REAR SETBACK RESTRICTION.
UH, AGAIN, THIS COMES DOWN TO A DECISION THAT KENDRA AND I, UH, HAVE MADE TO ENJOY THESE YEARS.
UH, WE HAVE LEFT WITH OUR SONS, UH, UNDER OUR ROOF, UH, AND GIVING THEM THE BEST EXPERIENCE, UH, AS PARENTS DURING THEIR CHILDHOOD.
DO YOU HAVE ANY QUESTIONS FOR MR. LORENZ OR THE HOMEOWNER? GO AHEAD, DAN.
UH, DID YOU GUYS HAVE ANY DISCUSSIONS ABOUT ENCROACHING ON THE 10 FOOT SETBACK FROM THE HOUSE INSTEAD FURTHER ENCROACHING THERE? YEAH, I, I THINK WE DID.
AND, UM, YOU KNOW, ONE OF THE THINGS THAT I WANTED TO POINT OUT IS WE UNDERSTAND, AND I'VE IMPLORED TO THE, UM, YOU KNOW, THE FAMILY THAT,
[00:20:01]
YOU KNOW, VARIANCES ARE NOT EASY TO COME BY.YOU KNOW, WE HAVE TO HAVE A HARDSHIP, WE HAVE TO HAVE SIGNIFICANT, UH, YOU KNOW, DETAILS.
WE DON'T WANT TO BE IN THE BUSINESS OF, OF, OF GIVING EVERYBODY A AND I DON'T WANNA SAY BREAK, BUT, UM, YOU KNOW, AN OPPORTUNITY TO DO THINGS.
WE'VE BEEN WORKING ON THIS PROJECT SINCE, UH, JULY OF LAST YEAR.
UM, AND, YOU KNOW, TRYING TO MAKE IT WORK, UH, TRYING TO CREATE SOMETHING THAT IS PALATABLE FOR THE HOMEOWNERS, UM, THAT COMES IN CLOSER SPIRIT WITH THE CODE, OBVIOUSLY.
AND THEN, YOU KNOW, THE UNIQUE LAYOUT WITH THE SETBACKS AND WHATNOT, ESPECIALLY TO YOUR POINT, UM, THE, UH, THE, UH, E BIKE PATH EASEMENT.
SO WE DID EXPLORE THOSE TYPES OF THINGS.
I THINK, UM, OUR CONCLUSION WAS, UH, AFTER CONSULTING WITH THE DESIGNERS AND WHATNOT, THAT, YOU KNOW, THE LOCATION AND THE PROXIMITY IS IN THE BEST.
UM, I DON'T WANNA SAY INTEREST, BUT I, I THINK THE PROJECT IS, YOU KNOW, TO MAKE IT WORK.
IT, IT, IT'S THE BEST LOCATION THAT WE COULD DERIVE FROM THAT, UM, WITHOUT, YOU KNOW, PUTTING A A, A SKINNY POOL TOGETHER FOR THESE GUYS TO BE ABLE TO, YOU KNOW, UTILIZE WHAT THEY WANT FOR THAT.
UM, IN ADDITION, NOT TRYING TO BE, YOU KNOW, OVERBEARING TO THE NEIGHBORS AND WHATNOT, AND NOT TO CREATE A, UH, DIRECT, UM, COMPETITIVE ADVANTAGE, SO TO SPEAK, STICKING WITH THE SPIRIT OF THE CODE.
SO, I KNOW IT'S A LONG WINDED WAY TO GET THERE, DAN.
UM, BUT, YOU KNOW, WE DID TALK ABOUT THAT AND YOU'RE WELCOME TO, YOU GUYS ARE WELCOME TO CHIME IN AS, AS WELL AS I'M SURE THEY'D LOVE TO HEAR IT.
I MEAN, WITH THE COST OF THE PROJECT THAT WE'RE LOOKING AT, UM, WE, WE HAVE TRIED TO GIVE A LITTLE BIT WITH, WITH MOVING IT TOWARDS THE HOUSE TO AVOID, UH, ENCROACHING ON THE SETBACK.
UM, YOU KNOW, OUR KIDS ARE FAIRLY YOUNG, SO I THINK THE 10 FOOT FROM THE REAR HOUSE FOR SAFETY PURPOSES IS A MM-HMM.
UM, BUT AGAIN, WITH THE COST OF THE PROJECT, AS BRIAN MENTIONED, WE DON'T WANNA, WE DON'T WANNA GO MUCH SMALLER ON THE POOL SIZE.
UM, YOU KNOW, WE WANNA MAKE IT FEASIBLE, UM, FOR YOU SO YOU CAN KEEP GOING IF YOU GOT HIM.
OH, YOU WANNA, UH, WE CAN WAIT ON THAT.
PART OF MY QUESTION ASKED SOMETHING FOR THAT.
CAN YOU, CAN YOU ZOOM OUT? IS THIS DISCOVERY, IS THIS, SO THE QUESTION I HAVE, SO I THINK WE ALL APPRECIATE YOUR PRESENTATION.
I DON'T KNOW IF THEY'VE SHARED WITH YOU THE CONDITIONS.
WE HAVE THIS TINY LITTLE, VERY NARROW THING THAT WE'RE SUPPOSED TO CONSIDER.
NOT ABOUT COST, NOT ABOUT USE, NOT ABOUT IT.
IT IS ONE OF THEM THAT THEY'RE SAYING YOU DIDN'T MEET IS HOW IS YOUR LOT DIFFERENT THAN EVERYBODY ELSE'S? THIS IS ONE OF THE MOST COOKIE CUTTER LOOKING LOTS THAT I'VE SEEN.
WE DEAL WITH THEM ALONG THE RIVER, THEY'RE, YOU KNOW, SLOPING BACKWARDS, WHATEVER YOURS IS RECTANGULAR AND IT LOOKS LIKE EVERYBODY ELSE'S.
SO I WANT TO GIVE YOU THE OPPORTUNITY, 'CAUSE NO ONE'S SAID IT YET TO TELL US WHAT'S DIFFERENT ABOUT YOUR PROPERTY THAT NOBODY ELSE HAS IN YOUR NEIGHBORHOOD.
YEAH, I, I'LL GO AHEAD AND, AND ANSWER THAT AND THEN THEN, YOU KNOW, UM, ALLOW THE HOMEOWNERS TO JUMP IN AS THEY, AS THEY GO IN.
I, I THINK, UH, MR. KNIGHT, HOPEFULLY I PRONOUNCED THAT CORRECTLY.
UM, YOUR OBSERVATION IS, IS CORRECT.
I MEAN, IT'S A VERY BASIC G LOT.
UM, WHAT I THINK THAT WE, WE ENCOUNTER IS, AND AGAIN, YOU KNOW, THESE ARE SUBDIVISION COVENANTS THAT HAVE BEEN, YOU KNOW, PLACED IN, IN, IN THE ZONING CODE IS THE, UM, YOU KNOW, THE STRINGENT, UH, REAR, UH, NO BUILD AREA, UH, WHICH THE HOMEOWNERS HAVE GONE AHEAD AND, YOU KNOW, LANDSCAPED.
UM, AND IT, IT REALLY CREATES A PARTICULAR HARDSHIP FOR THEM, UH, TO BE ABLE TO UTILIZE THAT BACKYARD, UM, AS THEY WANT.
UM, NOW AGAIN, I DO UNDERSTAND THAT, AND, AND I THINK THEY WOULD TELL YOU THE SAME THING THAT THEY UNDERSTAND, YOU KNOW, AS, AS YOU'RE A HOMEOWNER, I'M SURE AS WELL, WE ALL KNOW WHAT WE SIGN UP FOR, RIGHT? UM, BUT I THINK THINGS CHANGE.
I THINK WITH THE, UH, THE PLACEMENT OF THE, UM, THE EASEMENT, UH, FOR THE BIKE PATH AND WHATNOT, IT, IT KIND OF PUTS US IN A CHALLENGE, ESPECIALLY WITH THAT STRICT, UM, UH, BACK, UH, SETBACK.
SO, YOU KNOW, MY ARGUMENT WOULD BE YES, IT MAY ON THE FACE LOOK, UM,
[00:25:01]
LIKE A COOKIE CUTTER LOT.UM, YES, WE UNDERSTAND THAT WE KNOW WHAT WE PURCHASED.
UM, AGAIN, NOT SPEAKING FOR THEM, BUT, UH, YOU KNOW, IT, IT CREATES A PRACTICAL DIFFICULTY FOR US TO FULLY, UH, ENJOY THE PROPERTY.
DO YOU, JIM, UM, OTHER PROPERTIES IN THE SUBDIVISION, UH, DO YOU KNOW OFF THE TOP OF YOUR HEAD, UH, THAT HAVE POOLS, UH, THAT MAYBE WE COULD ZOOM OUT AND, AND THERE IS ONE SORT OF SHOW BISHOPS RUN, WHICH IS, UH, MR. NYE, DID I, AM I SAYING THAT RIGHT, SIR? I'M SORRY, I DON'T WANNA NO, YEAH, YOU'RE CORRECT.
YEAH, THERE'S ONE IN, IN, UH, BISHOP'S RUN.
WHICH IS, UH, SAME PART OF OUR HOA.
AND I DON'T KNOW, LISTEN, I'M NOT HERE TO CONTEST, YOU KNOW, WHETHER WE'RE TALKING ABOUT THEIR LOT, RIGHT, CONRAD, OBVIOUSLY, I MEAN, THIS IS OUR, OUR OUR SITUATION.
WELL, THE THING THAT WE HAVE TO CONSIDER IS, I UNDERSTAND, WAS WHAT'S UNIQUE ABOUT THEIR LOCK.
SO WHAT YOU ANSWERED IS YES, THEY'RE ALL THE SAME.
I'M GIVING YOU THE OPPORTUNITY TO SAY SOMETHING I DIDN'T ANSWER.
THERE'S SOMETHING VERY UNIQUE ABOUT THEIR LOT.
I'M GIVING YOU THE CHANCE TO, TO TRY TO TELL US THAT I UNDERSTAND THAT, SIR.
UH, AND WHAT I'M SAYING TO YOU IS THAT YOU'VE GOT OTHER POOLS IN THIS SUBDIVISION, UH, THAT WERE PLACED WHETHER OR NOT, YOU KNOW, THEY WERE APPROVED, UH, PRIOR TO ZONING OR NOT.
UM, SO, YOU KNOW, AND, AND AGAIN, I'M NOT SAYING THAT THE BOARD HAS ALLOWED THAT TO HAPPEN, RIGHT? I'M NOT HERE TO, YOU KNOW, RULE ON, ON ON YOUR RULING.
WE'RE TALKING ABOUT THE SAME LOT.
WHAT I'M SAYING TO YOU IS THAT THERE'S A PRECEDENT SET, UH, BY OTHER POOLS IN THIS SUBDIVISION THAT, YOU KNOW, THEY WANT TO ENCOUNTER.
AND I UNDERSTAND YOUR POINT WHERE, YOU KNOW, THIS PROPERTY IS UNIQUE.
UM, YOU KNOW, THERE'S ALREADY BEEN A PRECEDENT SET OUT WHERE THESE HAVE BEEN APPROVED IN THE SUBDIVISION WITH THE SAME, UH, SETBACK REQUIREMENTS AND WHATNOT.
SO I'M NOT DISCOUNTING YOUR COMMENT
NO, AND I'M GONNA ASK, I'M ACTUALLY GONNA ASK THAT QUESTION TO THE CITY.
SO, YOU KNOW, I, WE HAVE, WE HAVE SOME OTHER ONES PRELOADED, SO I'M GONNA ASK THEM IF THERE'S OTHER ONES IN THE POOL, BUT THE CRITERIA THEY'RE SAYING ISN'T MET IS, SO LEMME GIVE AN EXAMPLE.
IF THERE WAS A BIKE PATH GOING THROUGH THEIR PROPERTY, NO ONE ELSE IN THE AREA HAD A BIKE PATH.
IF THEY HAD A RIVER THAT WENT INTO THEIR PROPERTY, NOBODY ELSE'S.
WHAT, UNDERSTAND, WHAT I'M SEEING AND WHAT I'M BEING TOLD IS THERE, THERE, THIS, THERE ARE SIMILAR ONES WITH SIMILAR PROPERTIES AND WE, AND I THINK THIS GETS CONFUSING TO A LOT OF PEOPLE, IT WAS TO US AT THE BEGINNING.
WE HAVE A VERY, VERY NARROW, THIS ISN'T A JUDGMENT CALL FOR US IF WE LIKE SOMETHING OR DON'T, IT IS THERE'S A SPECIFIC CODE.
AND ONE OF THOSE THINGS THAT WE HAVE TO FIND IS, IS THERE A SPECIAL CONDITION THAT'S PECULIAR TO THE LAND OR STRUCTURE INVOLVED? AND SO I'M, I'M TRYING TO TEE IT UP FOR YOU TO TELL US KNOW YOU'RE, WHAT'S PECULIAR, I I THINK, GO AHEAD.
UM, THE RANCHES ARE, ARE, ARE RARE IN OUR, IN OUR NEIGHBORHOOD.
SO THAT, THAT, THAT'S ONE THING THAT'S A LITTLE BIT DIFFERENT.
UM, NATURALLY WITH A RANCH YOU'RE BUILDING OUT, SET UP, UM, AS WELL AS THE BIKE PATH AND, AND ENCROACHING ON OUR PROPERTY LINE.
SO I WOULD SAY THOSE TWO THINGS WOULD, WOULD MAKE IT UNIQUE.
IF, IF I HAVE A FOLLOW UP QUESTION ON THIS, CAN I ASK IT TO ZACH THOUGH, OR WOULD YOU RATHER WAIT? UH, WE CAN, YOU KNOW, I'M, I'M FINE WITH IT.
IF, IF, IF IT HELP CLEAR UP THIS YEAH, ASPECT.
IT'S ABOUT THE SAME CRITERIA A NUMBER ONE.
SO ZACH, AND JUST FOR THE BENEFIT OF THE APPLICANT THAT READS THAT SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST, WHICH ARE PECULIAR TO THE LAND OR STRUCTURE INVOLVED AND WHICH ARE NOT APPLICABLE TO OTHER LANDS OR STRUCTURES IN THE SAME ZONING DISTRICT, ET CETERA, IT DOESN'T SAY THAT VERY SPECIAL CONDITIONS EXIST.
IT ALSO DOESN'T SAY THAT THE SPECIAL CONDITIONS HAVE TO BE THE CAUSE FOR THE VARIANCE.
AM I FOLLOWING THAT CORRECTLY? I THINK HOW WE'VE, WE'VE APPLIED THIS IS, YOU KNOW, WE'RE LOOKING AT ARE THERE CONDITIONS THAT ARE MAKING IT IMPROBABLE OR IMPRACTICAL TO MEET WHATEVER REQUIREMENT IS BEING VARIED FROM.
SO THAT'S, THAT'S THE LENS THAT WE'RE, WE'RE LOOKING AT THIS THROUGH.
AND UM, SO IF, IF YOU TAKE OUT THAT LENS, 'CAUSE THAT'S NOT WHAT IT TECHNICALLY SAYS HERE.
IT JUST SAYS THAT A SPECIAL CONDITION AND CIRCUMSTANCE MUST EXIST RELATED TO THE LAND OR STRUCTURE.
WHEN YOU, AT THAT PICTURE YOU HAD UP EARLIER WITH THE BIKE PATH ON THE ONE SIDE, THE TALL TREES DIVIDING THE BACKYARD, IF YOU DO THE ZOOMED OUT VIEW THAT MR. NYE HAD.
SO I, I GET THAT TALL TREES AREN'T NECESSARILY UNCOMMON, BUT WHEN YOU LOOK AT THIS PICTURE, NOT EVERY SET OF HOUSES HAS THE TALL TREES DIVIDING IT AND NOT EVERY SET OF HOUSES HAS BIKE PATH ADJACENT.
I WOULD ACTUALLY SAY MOST DON'T,
[00:30:01]
AND MOST THE ONLY TWO HOUSES IN THIS PICTURE THAT HAVE THE SEPARATION WITH THE TREES AND THE BIKE PATH ARE THE APPLICANT'S YARD AND THEIR THEIR REAR NEIGHBOR.WHAT WOULD YOU SAY, I GET THAT THIS IS A GRAY AREA, BUT WHAT WOULD YOU SAY TO SOMEONE THAT SAID THAT IS A SPECIAL CONDITION? IT MIGHT NOT BE A VERY SPECIAL CONDITION AND IT MIGHT NOT BE A CAUSE FOR NEED FOR A POOL, BUT IT'S A SPECIAL CONDITION ABOUT THEIR LOT.
UM, SO I MEAN, I WOULD, I WOULD AGREE THAT THE, THE CONDITION OF HAVING THE, THE PUBLIC PATH GOING THROUGH THEIR PROPERTY IS SOMETHING UNIQUE TO THIS, THIS SITE.
I, I WOULD FULLY AGREE WITH THAT.
THE, THE CHALLENGE AND, AND PART OF THE DEFINITION FOR, FOR VARIANCES THAT, THAT WE BASE OUR REVIEW OFF OF THIS, AGAIN, THIS IS JUST STAFF, IS IS THAT MAKING IT A CHALLENGE TO MEET THE REQUIREMENTS.
UM, SO THAT'S, THAT'S THE LENS WHEN WE'RE, WHEN WE'RE LOOKING AT THE DEFINITION AND THEN KIND OF GOING TO THAT SPECIFIC, UM, CRITERIA ABOUT SPECIAL CONDITIONS.
'CAUSE IT DOES LIST OUT, YOU KNOW, THINGS TO CONSIDER.
IS IT, IS THE TOPOGRAPHY MAKING IT CHALLENGING TO MEET THIS? IS THERE SPECIFIC NARROWNESS OR UM, I GUESS SOMETHING UNIQUE ABOUT THE SITE THAT'S, THAT'S ALLOWING, REQUIRING THEM NOT TO BE ABLE TO MEET THAT SPECIFIC REQUIREMENT.
THAT'S REALLY THE LENS THAT WE'RE LOOKING AT THIS THROUGH UNDERSTANDING THAT THERE CERTAINLY COULD BE OTHER THINGS ON THE SITE THAT, THAT ARE UNIQUE SUCH AS THAT, THAT PATH OR MAYBE THE LOCATION OF, OF TREES AND VEGETATION ON THE SITE.
'CAUSE THAT'S GONNA VARY BASED ON WHATEVER PROPERTY HERE.
BUT THAT'S, THAT'S JUST A GENERAL SUMMARY OF IF THAT ANSWERS YOUR QUESTION.
CAN I FOLLOW UP ZACH? 'CAUSE I THINK THE PART THAT I'M READING IS IT SAYS WHEREBY THE LITTLE ENFORCEMENT WOULD INVOLVE PRACTICAL DIFFICULTIES YOU'RE SAYING.
SO IF THERE'S A BIKE PATH THROUGH THEIR FRONT YARD AND THEY'RE ASKING TO MOVE IT SOMEWHERE IN THEIR BACKYARD, IT'S NOT RELEVANT TO THE SPECIAL CONDITION BECAUSE IT'S NOT IMPACTING WHAT THEY'RE REQUESTING.
THAT IS BASED ON HOW WE WOULD REVIEW THIS AS STAFF.
AND I, AND, AND WHEN YOU GUYS LOOK AT IT, 'CAUSE I'M JUST, I MEAN LITERALLY READING IT, IT SAYS THAT IS NOT APPLICABLE TO ANY OTHER LAND OR STRUCTURE IN THE SAME ZONING DISTRICT.
SO THAT BIKE PATH DOESN'T EXIST ONLY ON THEIR PROPERTY.
I MEAN THAT, THAT EXTENSION DOES EVERYTHING ELSE IS OUT ON, ON PUBLIC STREET, BUT, BUT CORRECT.
AND, AND I JUST WANNA MAKE SURE I HEARD YOU EARLIER, RIGHT? 'CAUSE I, LEMME CHECK MY NOTES.
SO WHAT I WROTE DOWN WAS WHICH PIECE WOULD BE UNIQUE ABOUT THIS REQUEST IN THAT THE, THE BIKE PATH PIECE OF IT IS NOT IMPACTING WHERE THEY CAN BUILD THE POOL, RIGHT? BASED ON WHAT THEY'RE SHOWING.
ON THAT NOTE, I DID WANNA ASK, IS THERE A SETBACK REQUIREMENT FOR THE BIKE PATH? I CAN TELL THEY HAD THE PATIO ON THAT SIDE.
IT MIGHT NOT BE RELEVANT, BUT I WANTED TO, SO THAT, THAT PATH IS WITHIN AN EASEMENT, SO THERE'S NO, THERE'S NO SETBACK FROM THAT.
IT'D BE FROM THE PROPERTY LINE, WHICH IT, IT, THAT DOESN'T IMPACT THE SETBACK.
SO THEY WOULD JUST HAVE TO STAY OUT OF THE EASEMENT, WHICH I WANT TO SAY IT'S ABOUT 10 FEET AND THERE'S NOT A SIDE YARD SET BACK THEN ON THIS ONE.
THERE IS, SO IT WOULD BE SIX FEET PER SIDE, 18 FEET TOTAL.
SO, UM, IF ONE SIDE IS SIX FEET, THE OTHER HAS TO BE 12.
DO DO WE HAVE ANYTHING ELSE FOR THE APPLICANTS? YOU NO, PATRICK.
YEAH, I GOTTA TELL YOU, I, UM, I'M LOOKING AT THE BRIAN, I'M LOOKING AT, UH, LIKE THE MAP OF WHAT I BELIEVE TO BE THEIR SUBDIVISION.
I DON'T SEE ANY OTHER POOLS THERE.
SO BISHOP'S CROSSING AND BISHOPS RUN ARE PART OF THE SAME HOA, SO IT'S ACROSS TULLY MOORE AND THE FURTHEST, UH, CORNER LOT WOULD BE IN THE NORTH, UH, NORTHWEST, RIGHT NORTHWEST CORNER, WHICH LOOKS LIKE THEIR YARD'S BIGGER AND IT BACKS UP TO A RESERVE AREA.
THERE IS NOT HOUSING HOUSING BEHIND THAT.
AND WE CAN PROVIDE, UM, I CAN WORK WITH ZACH TO, TO GET YOU THE EXACT ADDRESS.
AND WHAT I, I MEAN, WHAT I'M SAYING IS I, I NEED, WHAT I'M LOOKING AT HERE IS I UNDERSTAND SOMETHING THAT IS WITHIN AN INTERLOCK WHERE THERE'S BEEN A POOL BECAUSE, AND THIS IS HOW I TOOK IT, IT YOU BRIAN KIND OF INSINUATED THAT THE CITY HAS APPROVED AND OR THE HOMEOWNER HAS BUILT
[00:35:01]
A POOL WITHIN ONE OF THESE LOTS WHERE WE HAVE THESE PROPERTY RESTRICTIONS AND THEY'VE ESSENTIALLY EITHER GONE AROUND IT OR HAD HAD APPROVAL.I DO YOU HAVE, AS YOU STAND HERE TODAY, DO YOU HAVE ANY, UH, SPECIFIC EVIDENCE THAT YOU CAN PUT FORTH FOR THIS BOARD INDICATING EITHER ONE WHERE THE HOMEOWNER HAS BUILT A POOL THAT MAY BE IN VIOLATION OF THE, NOT ONLY THE, THE REAR YARD SETBACK, BUT THE NO BUILD ZONE AND OR WHERE THE CITY MAY HAVE APPROVED? I, I BELIEVE BELIEVE THAT PROPERTY, UH, IS ENCROACHING ON THE 25% REAR SETBACK.
'CAUSE WE TALKED TO THE PROPERTY OWNER AND THEY DID HAVE TO GET A GRANTED VARIANCE FOR THEIR, OKAY.
DO WE HAVE A CASE ON THAT THEN? UH, IT SOUNDS IT'S 8 0 3 8 THAT, THAT'S THE ADDRESS THAT I'M SEEING.
DOES THAT SOUND RIGHT? I DON'T KNOW ON HERE.
MINE'S NOT AS GOOD AND I'M LOOKING TO SEE IF I CAN FIND THAT.
I, IN MY PREVIOUS RESEARCH I HAD NOT BEEN ABLE TO FIND THAT.
BUT I WILL CONTINUE TO LOOK HERE.
SO I THINK, UM, IF APPROPRIATE, UH, MR. CHAIRMAN, AND I'LL CONSULT WITH THEM, UH, QUICKLY.
I THINK WHAT MIGHT BE MOST APPROPRIATE, IF YOU'RE OKAY WITH THIS AND YOU KNOW, I'VE DONE CASES HERE IN DUBLIN BEFORE, UM, WE'VE, WE'VE, WE'VE GOT VARIANCES FOR PEOPLE WITH POOLS WHERE WE'VE ACTUALLY KIND OF GOT AWAY FROM THE, UH, REAR YARD SETBACK, UH, ISSUE AND MOVED, UH, TOWARDS A VARIANCE FOR THE SEPARATION BEHA BETWEEN THE HOUSE AND THE POOL.
SO, 'CAUSE THERE'S A, I THINK ZACH, I DON'T KNOW IF YOU WERE ON THAT ONE OR NOT WITH THE HO THE HO HOS UH, FOLKS, BUT, UM, I THINK THAT KIND OF WORKED OUT.
SO SORT OF SIMILAR SITUATION, WHAT I WOULD ASK IS THAT MAYBE WE TABLE OUR REQUEST, COME BACK AND ALLOW ME TO WORK WITH ZACH A LITTLE BIT MORE, YOU KNOW, OFFLINE, AND THEN COME BACK TO SEE YOU GUYS IN JUNE, UH, GIVE YOU MORE INFORMATION, PROVIDE YOU WITH THOSE DETAILS.
LET US DIG INTO, UM, YOU KNOW, THE, THE PROPERTIES THAT WE'RE CITING, LET US SEE IF, IF THERE ACTUALLY WAS A VARIANCE OR IF NOT, AND AGAIN, NOT THROWING THE CITY UNDER THE BUS OR ANYTHING LIKE THAT.
I MEAN, WE WOULD NEVER DO THAT.
UH, IS THAT AMENABLE TO THE BOARD AND, AND YOURSELF? YEAH, THAT'S TOTALLY FINE.
I DON'T, AND I DON'T, AND I WANT, I WANT TO BE CLEAR ON A COUPLE THINGS AND YOU CAN TAKE A SECOND BRIAN HERE.
I, I, I DO WANNA SAY THAT THERE ARE TIMES THAT, UH, AND WE'VE HAD IT BEFORE WHERE THE, SOMETHING HAS BEEN INSTALLED AND IT MAY HAVE BEEN THERE MAY HAVE BEEN A MISTAKE, UH, OR THE CODE WASN'T FULLY DEFINED.
THERE'S ALSO SITUATIONS WHERE THE HOMEOWNERS DID SOMETHING THAT'S RIGHT.
AND WHERE THEIR NEIGHBORS RATTED 'EM OUT AND THEN THEY HAD A CODE VIOLATION, THEY HAD TO COME BEFORE US POST INSTALLATION OF SOMETHING.
I DO WANT TO BE BEFORE YOU, BEFORE WE MOVE ON A MOTION, UH, I HAVE A, I HAVE ONE QUESTION FOR ZACH REAL QUICK, AND THEN I WANNA MAKE SURE THAT THERE'S NOT, THERE, THERE MAY BE SUPPORT.
I DON'T, I WANNA MAKE SURE WE HAVE JUST A, I WANNA HAVE AN UNDERSTANDING OF WHERE MY FELLOW BOARD MEMBERS ARE, UH, IN YOUR, THERE MAY BE FAVOR, THERE MAY NOT BE.
I'M JUST CURIOUS, ZACH, AS I LOOK AT THIS SUBDIVISION, OKAY.
AND OUTSIDE OF THAT ONE OUTLYING HOME THAT DOES BACK UP TO A RESERVE AREA, WHICH IT APPEARS TO HAVE A LARGER YARD, IS IS THE ASSUMPTION WITH THE PLAN UNIT DEVELOPMENT, AND ADMITTEDLY I HAVEN'T GONE THROUGH THE ENTIRE TEXT OF THAT.
IT, IT SEEMS LIKE NO, MAYBE ONE OR TWO OF THE HOMES WOULD BE ABLE TO EVEN QUALIFY TO HAVE A, UH, ANY REMOTE POSSIBILITY FOR A POOL BEYOND SIX TO EIGHT FEET AND, AND WIDTH.
I THINK THE ASSUMPTION WOULD BE CORRECT.
I MEAN, IT'S, MOST, MOST OF THE PROPERTIES ARE SIMILAR TO THE SIZE OF THE SLOT CURRENTLY.
UM, SO YEAH, THEY WOULD HAVE TO MEET WHATEVER THE SETBACK IS AND THEN THAT 10 FEET.
SO, UM, AND JUST GIVEN THE LAYOUT OF A LOT OF THESE HOMES, I MEAN, I, THERE ARE CERTAINLY PROPERTIES THAT WOULD BE ABLE TO MEET IT, BUT WITHIN BISHOP'S CROSSING THAT IT ITSELF THERE, I'M NOT AWARE OF ANY POOLS.
OBVIOUSLY WE, WE POINTED TO THE ONE IN BISHOP'S RUN ON THE NORTH SIDE.
UM, THAT WAS A FUTURE ADDITION IN, IN TERMS OF DEVELOPMENT, BUT THAT WASN'T ESTABLISHED WITH BISHOP'S CROSSING.
[00:40:01]
UH, JUST TO, JUST TO GET AN IDEA HERE BEFORE WE MOVE TO A POTENTIAL TABLE, I JOEL, ARE YOU LEANING ONE WAY OR ANOTHER? WAS THERE ANY PUBLIC COMMENT? OH YEAH, WE CAN CHECK ON THAT.WE DON'T, NONE DON'T HAVE ANY PUBLIC COMMENT? NO.
DID YOU HAVE ANYTHING FROM THE, THE OWNERS BEHIND? JUST CURIOUS, I'M SORRY, THE OWNERS THAT LIVED BEHIND YOU? YEAH.
DID YOU HAVE ANYTHING TO SUBMIT FROM THEM IN FAVOR OF YOU GETTING THE VARIANCE? UH, WE'VE TALKED TO OUR NEIGHBORS SURROUNDING US AND THEY'RE ALL, UH, THEY ALL APPROVE.
THEY, WE DON'T HAVE BUT THEY HAVEN'T PROVIDED ANYTHING NO.
WE CAN PROVIDE THAT IF WE, WE CAN PROVIDE THAT IF, IF WE NEED TO GOING FORWARD.
MEAN I'M JUST, JUST CURIOUS, UM, MR. CHAIRMAN, I'M SORRY, CAN I ASK A PROCEDURAL QUESTION BEFORE YOU KIND OF DO YOUR STRAW POLL IN, IN ADVANCE? WE APPRECIATE.
THE PROCEDURAL QUESTION MAY BE BETTER FOR ZACH, BUT WE'LL SEE.
SO IS IT THREE FIFTHS MAJORITY OR WHAT DO THEY, YOU KNOW, FOR A, FOR A, A VOTE IN THE AFFIRMATIVE, IS THAT WHAT THEY NEED? THREE OUTTA FIVE? CORRECT.
ARE YOU LEANING ANY WAY? SO I'M HUNG UP ON THE CRITERIA.
A, BECAUSE ON CRITERIA B, YOU KNOW, BASED ON THE CITY'S, THE STAFF IS SAYING THEY MET THREE, UM, I TEND TO AGREE THEY AT LEAST MEET TWO.
SO I'M MORE FOCUSED ON CRITERIA A, WHERE THEY HAVE TO MEET ALL THREE.
I'M MORE HUNG UP ON CRITERIA ONE.
SO STAFF, I AGREE WITH THEM ON CRITERIA TWO, ON CRITERIA THREE, I DON'T NECESSARILY AGREE THAT, UM, YOU KNOW, THEY SAY REAR SETBACKS ARE INTENDED TO ALLOW NATURAL UNDISTURBED SPACE BETWEEN HOUSES AND PROPERTIES.
THERE WOULD STILL BE SOME UNDISTURBED SPACE AND I, I DON'T SEE HOW IT'S NECESSARILY DIFFERENT THAN IF, UM, NOT THAT YOUR KIDS WOULD DO THIS, BUT IF THE KIDS WERE NOISY IN THE BACKYARD CAUSING A DISTURBANCE, THE NEIGHBOR BEHIND THEM BECAUSE OF THE POOL.
I DON'T SEE HOW IT'S ANY DIFFERENT THAN KICKING A SOCCER BALL OR RUNNING A LAWNMOWER.
UM, SO I, I DON'T NECESSARILY AGREE WITH THE CITY STAFF ON NUMBER THREE THAT IT WOULD CAUSE A SUBSTANTIAL ADVERSE EFFECT.
UM, AND BELIEVE ME, THEY DO HAVE A LOT OF BALLS THAT WAY
SO I, FOR ME IT COMES DOWN TO CRITERIA ONE.
AND THAT'S WHERE I'D BE CURIOUS THE REST OF THE BOARD'S THOUGHTS.
LIKE THE QUESTION I ASKED WASN'T A LEADING QUESTION, I WAS JUST TRYING TO REALLY TEST THE LIMITS OF THAT.
'CAUSE IT, IT DOESN'T SAY VERY SPECIAL CONDITIONS AND IT ALSO DOESN'T FOR ME SAY THE CONDITIONS, THE SPECIAL CONDITIONS HAVE TO CAUSE THE NEED FOR THE VARIANCE.
I COULD SEE SOMEONE MAKING THE ARGUMENT, IT'S NEXT TO THE BIKE PATH AND THERE'S THE TREE LINE.
UM, THE APPLICANT DIDN'T MAKE THAT CASE, SO I'M NOT SURE IT'S FOR ME TO MAKE THAT CASE.
BUT I, I'D BE CURIOUS WHERE EVERYBODY ELSE STANDS ON CRITERIA ONE FOR ME TO MAKE UP MY MIND.
DAN, WHAT DO YOU, UH, WHAT ARE YOU THINKING HERE? I'D AGREE ON CRITERIA B UM, AGREE WITH PLANNING.
SO, YOU KNOW, IT'S KIND OF MOOT.
UM, KIND OF THE OPPOSITE ON CRITERIA A THAN JOEL IN TERMS OF ONE AND THREE.
UM, SO THE THIRD CRITERIA, I THINK THE REASON I ASKED YOU IF YOU'D LOOKED AT MOVING INTO THE 10 FOOT ENCROACHMENTS, 'CAUSE THAT TAKES IT OFF THE TABLE, RIGHT? YOU'RE, UM, YOU'RE NOT, UH, YOU KNOW, ENCROACHING IN THAT LINE SETBACK REGARDLESS OF WHAT PURPOSE IS.
THERE'S A SPECIFIC DISTANCE FOR IT THAT'S WRITTEN OUT.
I MEAN, I, YOU KNOW, WE, I THINK YOU CAN GO BACK TO THE, TO THE SUBDIVISION COVENANT IF YOU'VE GOT AN ISSUE THERE, BUT THAT'S NOT, YOU KNOW, FROM A PRESS TO SAY, UM, SO ON THE SPECIAL CONDITIONS I'M TRYING TO GET AROUND IT, I CAN SEE BOTH SIDES.
BUT WHEN, TO JASON'S POINT, WE LOOK AT ALL OF THESE OTHER HOMES THAT ALSO WOULD HAVE REAL TROUBLE FITTING IN A POOL.
IT DOESN'T SEEM THAT UNIQUE TO ME.
SO, SO THAT'S A CHALLENGE FOR ME.
UM, THE BIKE PATH IS, IS CERTAINLY SOMETHING TO CONSIDER.
AND I ASKED IF THERE'S A SETBACK REQUIREMENT FOR THE BIKE PATH, UM, BECAUSE IF THERE WAS, AND THAT WAS FURTHER LIMITING YOU, THEN THAT WOULD BE A SPECIAL CONDITION.
BUT I THINK EVERYBODY ADJACENT TO YOU HAS THE SAME REAR SETBACK REQUIREMENT WITHIN THAT FIVE FEET, WHETHER IT'S 25 FOOT OR 30 FOOT, AND YOU ACTUALLY, IT LOOKS LIKE BENEFIT FROM HAVING THE EXTRA FIVE FEET FROM THAT STANDPOINT.
I CAN UNDERSTAND YOUR COMMENTS ABOUT THE FOOTPRINT OF A RANCH HOME TAKING UP MORE
[00:45:01]
OF THE ACREAGE, BUT ALSO WHEN I LOOK AT THE OVERHEAD PHOTOS, IT DOESN'T LOOK SIGNIFICANTLY DIFFERENT.SO, UM, MY SUGGESTION WOULD BE, ONE, PURSUE IT FROM THE SUBDIVISION COVENANT SIDE OR TWO, UH, EASE SOME OF THE CONCERNS OF THAT A THREE REQUIREMENT BY ENCROACHING INTO THE SETBACK FROM THE HOME RATHER THAN INTO THE PUBLIC SETBACK.
PATRICK, PATRICK? UM, WELL I'M, UH, I DON'T NECESSARILY SHARE THE SAME, UM, UH, PERSPECTIVE WITH RESPECT TO THE FIRST CRITERIA.
UM, I'M, I'M, MAYBE I'M STRUGGLING TO FIND A, UH, CONNECTION BETWEEN THE, UH, THE PRESENCE OF THE EASEMENTS AND THE, UH, THE MATTER AT HAND THAT THAT WOULD BE PRACTICAL FOR THE ENFORCEMENTS OF THE, UH, UM, OF THE VARIANCE.
UM, SO I, I'M, I'M LEANING AGAINST, UH, I'M LEANING AGAINST APPROVING IT BECAUSE I, I DON'T REALLY SEE HOW THAT WOULD MAKE IT SO UNIQUE AS TO, UM, MAKE THE LAND SO UNIQUE AS TO THE, THE, THE POINT THAT, UH, UM, IT WOULDN'T BE ABLE TO, THEY, THEY WOULD ALLOW THEM TO, TO PUT THE, UH, POOL IN ITS SPECIFIC LOCATION.
UM, I, I'M JUST THINKING REALLY THE, THE, THE MAIN ISSUE HERE IS THAT IT'S, IT'S TOO SMALL OF A, OF A, OF A BACKYARD LOT, UH, FOR IT TO BE A REALLY SUBSTANTIAL POOL.
UM, AND I DON'T THINK THAT'S NECESSARILY AFFECTED BY HAVING AN EGRESS, UH, ADJACENT TO THE PROPERTY.
UM, SO I I I'M NOT REALLY, UH, MAYBE I'M JUST NOT FOLLOWING ON THAT, BUT I, I DON'T REALLY SEE THAT AS BEING A COMPELLING REASON.
UM, BUT YEAH, I, I'M, I'M, I'M NOT REALLY SEEING TOO MUCH ELSE IN TERMS OF, UM, UH, A COMPELLING REASONS TO, TO, UH, TO GRANT THE VARIANCE, UH, BASED ON THE REQUIREMENTS WE HAVE.
I MEAN, IT'S KIND OF THE SAME AS EVERYBODY ELSE AND I, I, I DON'T SEE WE CAN GET THERE.
THE, THE, THE THING I WILL SAY TO JOEL IS I, I DON'T THINK IT'S VERY SPECIAL.
SO WHEN YOU LOOK UP THE DEFINITION FOR SPECIAL, IT SAYS UNIQUE OR DIFFERENT.
SO I DON'T CARE IF IT REALLY SAYS SPECIAL OR VERY SPECIAL TO ME, THE WAY I LOOK AT IT, I'M JUST TELLING YOU MY ANSWER IS THEY HAVE TO HAVE SOMETHING UNIQUE OR DIFFERENT ABOUT THEIR PROPERTY THAT EVERYBODY ELSE DOESN'T HAVE.
LIKE WE'VE, WE'VE SEEN A LOT OF 'EM ALONG THE RIVER, SOMETHING COMPLETELY DIFFERENT.
I JUST WANNA KIND OF ANSWER THE QUESTION.
'CAUSE YOU ASK ALL OF US OUR THOUGHTS, I JUST DON'T SEE IT THIS, UNFORTUNATELY, THIS NEIGHBORHOOD TRYING TO FIND, YOU KNOW, ANY WAY WE COULD FIND SOMETHING UNIQUE.
I JUST CAN'T FIND SOMETHING THAT'S DIFFERENT ABOUT THIS PROPERTY THAN ANY OF THE OTHERS.
AND AS I INDICATED TO THE APPLICANTS, THAT'S WHAT WE'RE REQUIRED TO DO.
SO WHETHER WE AGREE WITH IT, DON'T AGREE WITH IT, THAT'S THE CRITERIA WE'RE REQUIRED TO LOOK AT.
AND I JUST CAN'T FIND ANYTHING THAT'S, THAT'S UNIQUE ABOUT THIS, UNFORTUNATELY.
JOEL, I'M JUST GONNA COMMENT REAL QUICK ON, ON YOUR NOTE THAT IF WE'RE LOOKING AT THE CODE SECTION, UM, THE SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST, WHICH ARE PECULIAR TO THE LAND OR STRUCTURE INVOLVED AND WHICH ARE NOT APPLICABLE TO OTHER LANDS OR STRUCTURES IN THE SAME ZONING DISTRICT.
THAT'S, I MEAN, THAT'S, I DON'T KNOW HOW, JUST BY LOOKING AT THE AERIAL PHOTO AT THE SAME TIME, I UNDERSTAND THE BALANCE HERE THAT WE'RE IN A SUBDIVISION WHERE REALLY NOBODY CAN GET A POOL BASED ON UNFORTUNATELY THAT NO BUILD ZONE.
SO THAT'S WHY I WANT TO ASK, HAVE YOU LOOKED IN BRIAN TO ALTERING THE TEXT RELATIVE TO THE NO BUILD ZONE OR HOMEOWNER THAT'S UP ONE OF YOU? THAT IS, IT'S UP TO YOU.
IT'S SOMETHING THAT WE CAN CERTAINLY DO.
I HAVEN'T FOUND ANY, UM, YOU KNOW, INFORMATION OR, UM, YOU KNOW, I GUESS A PATH FORWARD IN THAT REGARD, BUT IT HASN'T BEEN EXHAUSTED.
SO IT'S SOMETHING THAT WE WILL CERTAINLY PUT ON OUR HOMEWORK LIST AND, AND, YOU KNOW, NEED BE COME BACK.
YEAH, IT SOUNDS, IT SOUNDS LIKE, UM, I MEAN YOU MAY HAVE POTENTIAL ONE HERE, BUT IT FROM EVERYBODY ELSE, IT LOOKS LIKE IT WOULD PROBABLY BE NO IF HE PUSHED IT TO A VOTE TONIGHT.
UM, BUT I, I WANNA MAKE SURE YOU'RE, YOU KNOW, YOU'RE AWARE THE HOMEOWNERS ARE AWARE, WE WANT TO BE ABLE TO DO EVERYTHING WE CAN FOR YOU IN THIS SITUATION, BUT WE CAN'T BE IN A POSITION WHERE WE'RE SETTING PRECEDENT TO ALLOW ALL THOSE OTHER HOMEOWNERS THAT HAVE THE EXACT SAME CONDITION TO BE ABLE TO HAVE A POOL OR SOME ADDITIONAL
[00:50:01]
TYPE STRUCTURE.IT WOULDN'T EVEN HAVE TO BE A POOL, IT COULD BE AN ACCESSORY STRUCTURE, ATTACHED STRUCTURE.
IT COULD BE LARGE OUTDOOR PATIO AND KITCHEN OR SOMETHING.
AND THEY'RE GONNA SAY, WELL, THIS ONE HOMEOWNER DID IT.
THIS IS THE EXACT SAME AND WE, WE REALLY CAN'T BE IN, PUT THE CITY IN THAT UH, POSITION.
UM, THAT SAID, I THINK THERE'S AN AVENUE POTENTIALLY IF YOU LOOK INTO ALTERING THAT NO BUILD ZONE BECAUSE EVEN CHANGING SOME OF THAT TEXT WOULD GET YOU, YOU'RE ONLY ASKING FOR 10 FEET, UM, FROM THAT ASPECT.
SO I THINK THAT'S THE WAY FORWARD AND I THINK THAT YOU'D PROBABLY HAVE A LOT OF, IF YOU WENT TO EVERYBODY ELSE IN THE NEIGHBORHOOD AND SAID, LISTEN, WE'RE ALL IN THIS TOGETHER.
I THINK YOU COULD GET A LOT OF SUPPORT, WHICH IS DIFFERENT THAN SOME OTHER NEIGHBORHOODS.
I THINK THAT'S SO EXPLORE, I'M SORRY, I DIDN'T MEAN TO CUT YOU OFF.
UM, FIRST AND FOREMOST, YOU KNOW, I WANT TO THANK YOU GUYS.
THIS KIND OF DIALOGUE IS NOT NORMAL.
UM, WE APPRECIATE YOUR FEEDBACK GIVING US, YOU KNOW, THAT, UH, YOUR SENTIMENT WHERE YOU'RE FEELING STRAW POLL, WHATEVER YOU WANNA CALL IT, IT DOESN'T NORMALLY HAPPEN.
UH, I THINK IT SPEAKS TO THE, UH, PROFESSIONALISM FROM THE CITY AND CITY, CITY LEADERSHIP THAT YOU WOULD INDULGE US WITH, THAT, UM, STAFF HAS BEEN REALLY GREAT TO WORK WITH AND I'VE DONE, YOU KNOW, NUMEROUS PROJECTS HERE.
I KNOW BASSAM VERY WELL AS WELL.
UM, SO THANK YOU FOR YOUR KINDNESS AND HELPING US.
WHAT I THINK WE WANT TO DO IS PROBABLY TABLE THE REQUEST.
WE'LL TALK ABOUT, YOU KNOW, SOME, SOME IDEAS I'LL GET WITH ZACH, I'LL, AND, UH, JUST WORK THROUGH HIM IF THAT'S, IF THAT'S OKAY WITH THE, WITH THE BOARD.
YEAH, THAT'S, THAT'S WHAT THE APPLICANT WANTS.
WE CAN MOVE FORWARD WITH THAT AND WE'LL GET A, WE CAN GET A MOTION TO, AND IT'S BEEN A, IT'S BEEN A GREAT EXPERIENCE.
HONESTLY, I'M NOT SAYING THAT 'CAUSE I'M UP HERE.
UM, YOU KNOW, I DO THIS ALL OVER THE UNITED STATES, CANADA, GREAT BRITAIN, UM, IN A COUPLE IN AUSTRALIA.
AND, UH, YOU KNOW, DUBLIN'S ALWAYS BEEN REALLY KIND AND, UH, ACRIMONIOUS TO UH, YOU KNOW, HAVING THESE HONEST AND UPFRONT DISCUSSIONS.
SO THANK YOU GENTLEMEN FOR YOUR TIME.
AGAIN, WE'RE NOT HERE TO ASK YOU TO, YOU KNOW, DESIGN OUR PROJECT.
THAT'S, THAT'S OUR, THAT'S MY JOB, RIGHT? UH, BUT YOUR FEEDBACK REALLY HELPS SO THAT WE CAN GO BACK AND, AND TALK AND, AND TAKE A LOOK AT NEXT STEPS.
UM, WE GET A MOTION TO TABLE CASE TWO FOUR DASH 0 1 5 V.
I MOVE TO TABLE CASE TWO FOUR DASH ZERO 15 V SECOND PLEASE.
THANKS A LOT GUYS, APPRECIATE GOOD LUCK.
ALRIGHT, WE'RE MOVING ON TO OUR NEXT CASE.
MAKE SURE HERE THIS IS, UH, CASE
[Case #24-061V]
NUMBER TWO FOUR DASH 0 6 1 V.THE ADDRESS IS 17 NORTH RIVERVIEW STREET.
THIS IS REGARDING A NON-USE AREA VARIANCE.
SPECIFICALLY, THIS IS A VARIANCE, UH, EXCUSE ME, A REQUEST FOR VARIANCE TO ALLOW MAXIMUM BUILDING FOOTPRINT TO EXCEED THE PERMITTED AMOUNT AND TO REDUCE THE REQUIRED REAR YARD SETBACK.
THE 0.18 ACRE SITE IS ZONE HD DASH HR, THAT'S HISTORIC RESIDENTIAL DISTRICT AND IS LOCATED SOUTHWEST OF THE INTERSECTION OF WING HILL LANE AND NORTH RIVERVIEW STREET.
TAYLOR'S GONNA BE OUR CASE PRESENTER FOR OUR STAFF THIS EVENING.
TAYLOR, THANK YOU AND GOOD EVENING.
THIS IS A REQUEST FOR TWO VARIANCES FOR 17 NORTH RIVERVIEW STREET.
THE 0.1 ACRE ONE EIGHT ACRE SITE IS LOCATED SOUTHWEST OF THE INTERSECTION OF WING HILL LANG AND NORTH RIVERVIEW STREET IN THE HISTORIC DISTRICT.
THE HOUSE IS CITED NEAR THE MIDDLE OF THE LOT WITH FRONTAGE ON NORTH RIVERVIEW STREET AND A LARGE FRONT SETBACK.
A DETACHED OUTBUILDING IS LOCATED AT THE REAR OF THE LOT AND IS APPROVED TO BE DEMOLISHED.
THERE ARE MINIMUM, UH, NATURAL FEATURES ON THE SITE, INCLUDING TWO LARGE TREES WHICH WILL ALSO BE REMOVED.
THE PROPERTY IS ADJACENT TO SINGLE FAMILY HOMES TO THE NORTH AND SOUTH DUBLIN SPRINGS PARK TO THE EAST AND COMMERCIAL BUSINESSES TO THE WEST.
IN 2021, THE SEA ACQUIRED PROPERTIES ON NORTH FOR REVIEW STREET TO FACILITATE IMPROVEMENTS TO THE AREA AND REQUESTED RFPS.
THE CITY RECEIVED SEVERAL PROPOSALS INCLUDING COHA FOR PROPERTIES IMMEDIATELY NORTH OF WING HILL LANE TO ESTABLISH A MIXED USE WALKABLE
[00:55:01]
COMMUNITY CALLED THE ATCH HEADQUARTERS PROJECT.IN 2023, THE CITY AUCTIONED THE THREE RESIDENTIAL PARCELS SOUTH OF WING HILL LING.
THE SUBJECT PARCEL AND THE IMMEDIATE PROPERTY TO THE NORTH WERE ACQUIRED BY THE CURRENT OWNER AND APPLICANT.
TONIGHT'S VARIANCE REQUESTS ARE CONCURRENT WITH TWO REQUESTS HEARD AT LAST NIGHT'S A RB MEETING, A MINOR PROJECT REVIEW FOR A REMODEL AND CONSTRUCTION OF AN ADDITION TO THE EXISTING RESIDENCE AND A DEMOLITION REQUEST FOR AN ACCESSORY STRUCTURE.
AT THE MEETING LAST NIGHT, THE BOARD APPROVED BOTH APPLICATIONS WITH THE MAXIMUM ALLOWANCE THEY CAN GRANT FOR A REAR YARD SETBACK AND A MAXIMUM BUILDING, UH, FOOTPRINT TO ASSIST WITH TONIGHT'S, UM, VARIANCE DETERMINATION.
THE PLANS WERE APPROVED WITH THE UNDERSTANDING THAT THE APPLICANT HAD TO COME BEFORE BZA TO GAIN APPROVAL OF THE VARIANCE REQUESTS.
THE A RB HAS THE AUTHORITY TO GRANT WAIVERS OF UP TO 20%, WHICH ARE DEVIATIONS TO ZONING REQUIREMENTS TO NUMERIC AND ARCHITECTURAL STANDARDS SPECIFIC TO THE HISTORIC DISTRICT.
SHOULD THE VARIANCES NOT BE APPROVED THIS EVENING, THE APPLICANT IS REQUIRED TO REDESIGN THEIR PROJECT WITHIN THE LIMITS OF THE GRANTED, UH, WAIVERS AND GO BACK TO A RB TO RECEIVE APPROVAL OF THE PROJECT.
THE PURVIEW OF THE BOARD OF SODIUM PEELS IS STRICTLY FOR THE TWO VARIANCES REQUESTS THIS EVENING.
AS A RB DETERMINES THE CHARACTER AND THE APPROPRIATENESS OF BUILDINGS WITHIN THE HISTORIC DISTRICT.
THE SITE IS ZONED HISTORIC RESIDENTIAL DISTRICT AND IS ADJACENT TO BOTH HISTORIC CORE AND HISTORIC PUBLIC.
THE THREE RESIDENTIAL PROPERTIES SOUTH OF WING HILL LANE, INCLUDING THIS SITE, WILL BE THE ONLY PROPERTY ZONED HISTORIC RESIDENTIAL DISTRICT NORTH OF BRIDGE STREET.
THE SURROUNDING CONTEXT IS CHANGING AND WILL BE UNIQUE COMPARED TO OTHER RESIDENTIAL AREAS WITHIN THE HISTORIC DISTRICT.
THE KATCH HEADQUARTERS PROJECT TO THE NORTH OUTLINED IN RED HERE ON THE SCREEN IS GOING THROUGH THE PLANNING AND APPROVAL PROCESS, WHICH WILL INCLUDE A REZONING FROM HISTORIC RESIDENTIAL TO HISTORIC CORE STAFF HAS RECEIVED APPLICATIONS THROUGH THE UM, ARCHITECTURAL REVIEW BOARD TO REDEVELOP AN INFILL PROPERTIES IMMEDIATELY WEST OF THE SITE, WHICH INCLUDES ADDITIONAL MIXED USE DEVELOPMENT ALONG BLACKSMITH UH, LANE.
THESE ARE THE EXISTING CONDITIONS OF THE SINGLE FAMILY RESIDENTS FACING NORTH RIVERVIEW AND NORTH BLACKSMITH LANE.
AND TONIGHT THIS IS A REQUEST FOR TWO VARIANCES TO ALLOW A MAXIMUM BUILDING FOOTPRINT OF 2007 46 SQUARE FEET, WHERE THE HISTORIC DISTRICT CODE PERMITS 1,979 SQUARE FEET AND TO ALLOW A MINIMUM REAR YARD SETBACK OF 20 FEET, WHERE THE HISTORIC DISTRICT CODE PERMITS A 30.45 FOOT SETBACK.
SO FOR TYPICAL RESIDENTIAL PROPERTIES, THE FOOTPRINT OF A HOME IS GOVERNED BY THE MAXIMUM LOT COVERAGE.
THE HISTORIC DISTRICT IS DIFFERENT WHERE THE FOOTPRINT OF A HOME IS GOVERNED BY THE MAXIMUM BUILDING FOOTPRINT AND THIS IS TO REGULATE THE SIZE AND THE APPROPRIATENESS OF BUILDINGS WITHIN THEIR HISTORIC CONTEXT.
SO ON THE SITE PLAN HERE YOU CAN SEE THE YELLOW LINE IS THE CODE REQUIRED SETBACK.
THE GREEN LINE IS THE A RB WAIVER.
THE RED LINE IS THE VARIANCE REQUEST FOR THE 20 FOOT REAR YARD SETBACK AND THE BLUE LINE IS A HIGHWAY EASEMENT FOR PUBLIC IMPROVEMENTS.
ALL OF THE FINDINGS UNDER THE FIRST SECTION OF THE NON-USE VARIANCE REVIEW CRITERIA MUST BE MET.
CRITERIA ONE IS MET, THIS IS ONE OF THREE PARCELS SUBJECT TO THE HISTORIC RESIDENTIAL ZONING NORTH OF BRIDGE STREET.
THE PROPOSAL IS CONSISTENT WITH THE CHANGING CHARACTER OF THE AREA AND LARGER FOOTPRINTS OF BUILDINGS WITHIN THE HISTORIC CORE.
THE HISTORIC NATURE AND THE LOCATION OF THE EXISTING HOME LIMITS THE DEVELOPABLE AREA TO THE REAR OF THE HOUSE FOR ANY ADDITIONS OR SITE IMPROVEMENTS.
CRITERIA TWO IS ALSO MET THE APPLICANT DID NOT CREATE THE CURRENT CONDITIONS OF THE SITE, INCLUDING AN OUTBUILDING WITH IN CLOSE PROXIMITY TO NORTH BLACKSMITH LANE, THE NEW CONSTRUCTION RESULTS AND A GREATER REAR YARD
[01:00:01]
SETBACK THAN THE EXISTING.THEREFORE BRINGING THE SITE CLOSER TO COMPLIANCE WITH THE CODE.
THE A RB DETERMINES THE APPROPRIATE CHARACTER SCALE AND MASSING WITHIN THE HISTORIC DISTRICT, AND CONCLUDED THAT THE MAXIMUM BUILDING FOOTPRINT OF 2,757 SQUARE FEET IS APPROPRIATE FOR THE SITE.
LASTLY, CRITERIA THREE IS MET.
THE THREE SINGLE FAMILY RESIDENCES WITHIN THIS BLOCK ARE REALLY ISOLATED FROM THE REST OF THE HISTORIC RESIDENTIAL DISTRICT.
AND THE PROPOSAL IS CONSISTENT WITH IN THE ITS IMMEDIATE VICINITY, GIVEN THE CHANGES TO THE SURROUNDING CONTEXT AND THE DENSITY THAT ARE GOING ON.
AT LEAST TWO OF THE FINDINGS UNDER THE SECOND SET OF REVIEW CRITERIA MUST BE MET.
BASED ON THE ANALYSIS OF THE FIRST SET OF CRITERIA, STAFF HAS FOUND THREE OF THE FOUR CRITERIA TO BE MET AND THEREFORE THE APPLICANT IS MEETING THE REQUIREMENT FOR APPROVAL.
WITH THAT PLANNING RECOMMENDS APPROVAL OF THE TWO VARIANTS REQUESTS AND I'M HAPPY TO ANSWER ANY QUESTIONS.
DO WE HAVE ANY QUESTIONS? UH, FOR STAFF? THINKING I HAVE ONE.
THANK YOU FOR THE PRESENTATION.
UM, ALSO ON CRITERIA A NUMBER ONE FOR A DIFFERENT REASON FROM THE LAST CASE, THE, THE PART ABOUT IT, UH, NOT BEING APPLICABLE TO OTHER LANDS OR STRUCTURES IN THE SAME ZONING DISTRICT, MY UNDERSTANDING IS THESE ARE THE, THERE'S GONNA BE THREE PROPERTIES IN THIS DISTRICT, TWO OF THE THREE ARE BEFORE US THE NIGHT.
IT'S THE SAME VARIANCE REQUEST.
UM, IT FEELS LIKE IT IS APPLICABLE TO OTHERS.
WHY, WHY IS IT APPROPRIATE? I GUESS WHY WOULD WE PERMIT A VARIANCE THEN IF IT'S APPLICABLE TO OTHER PROPERTIES VERSUS CHANGING THE ZONING CODE? IF THE INTENT IS TO BUILD OUT THESE PROPERTIES, WHY WOULD WE NOT ENCOURAGE CHANGING THE ZONING CODE VERSUS GIVING A VARIANCE TO THE CODE? YEAH, SO KIND OF GIVEN WHAT'S GOING ON IN THE SURROUNDING VICINITY, UM, RIGHT, WE DO HAVE A COUPLE PROPERTIES WITHIN THIS BLOCK THAT HAVE SIMILAR CONDITIONS.
HOWEVER, THIS DOES NOT EXPAND BEYOND THESE THREE PROPERTIES.
UM, SO REALLY IT'S LIMITED TO THIS BLOCK.
SO JUST TO CLARIFY THOUGH, FOR THE CRITERIA, AM I FOLLOWING IT RIGHT IT'S ONLY RELATED TO WHICH ARE NOT APPLICABLE TO OTHER LANDS OR STRUCTURES IN THE SAME ZONING DISTRICT.
AND THE ONLY THREE ONES IN THIS ZONING DISTRICT, THERE'S ONLY THREE PROPERTIES, RIGHT? TWO OF THE THREE ARE BEFORE US TONIGHT.
MAYBE IF, IF I CAN CLARIFY, THAT SAME ZONING DISTRICT EXISTS SOUTH OF BRIDGE STREET.
SO THE INTENT WAS TO SAY THESE ARE THE ONLY THREE NORTH OF BRIDGE STREET THAT ARE WITHIN THAT ZONING.
I JUST WANTED TO CLARIFY FROM THE CHART EARLIER WITH THE DIFFERENT ACRONYMS. THANK YOU.
I, I JUST THINK AFTER OUR LAST CASE CASE, THAT'S THE CLARIFICATION THAT I WANT AS WELL.
SO JUST TELL ME THE CITY'S PERSPECTIVE ON THIS.
'CAUSE IT DOES SAY PECULIAR TO THE LAND OR STRUCTURE.
ARE YOU INTERPRETING THE LAND BEING THIS PLOT WHERE ALL THREE OF THESE, OR THIS, A STRUCTURE COULD BE ONE HOUSE AND THIS, YOU'RE SAYING THE LAND IS UNIQUE BECAUSE ALL OF THEM ARE GONNA BE BUILT ON THE SAME, I GUESS, I DUNNO IF IT'S PLOT TECHNICALLY, BUT THE SAME, UH, PIECE OF LAND.
HOW ABOUT THAT? IS THAT, IS THAT KIND OF HOW YOU'RE INTERPRETING IT? IT THE BOTH OF THOSE ITEMS ARE, THEY KIND OF WORK IN TANDEM, RIGHT? SO WE HAVE THE EXISTING LAND AND THEN THE EXISTING HOMES, WHICH ARE SETBACK WITH A VERY LARGE FRONT SETBACK FROM THE PROPERTY LINE.
UM, AND THOSE ARE EXISTING CONDITIONS.
SO THE APPLICANT IS NOT, YOU KNOW, IT THAT'S EXISTING.
SO IT REALLY LIMITS THE DEVELOPABLE AREA OF THE LOT.
BUT IF YOU LOOK AT AN AERIAL IMAGE, ALL THREE OF THOSE HOMES NORTH OF BRIDGE STREET ARE, THEY'RE RIGHT IN LINE WITH EACH OTHER.
SO IT'S REALLY, IT'S KEEPING WITH THE HISTORIC CONTEXT FOR THE AREA, UM, YOU KNOW, UNFORTUNATELY IT DOES LIMIT WHAT THEY CAN BUILD AND ADD TO THE REAR OF THE HOME.
DOES THAT, DOES THAT HELP? YEAH, I THINK IT, IT JUST, I I, I KIND OF THE SAME QUESTION JOEL DID.
I JUST THINK FROM OUR EARLIER CONVERSATION IS THAT IT NEEDS TO BE UNIQUE TO EACH PROPERTY AND, AND THE APPLICATION SAYING THERE'S THREE OF THESE IS THE EXACT OPPOSITE OF UNIQUE TO EACH PROPERTY.
IT'S, IT'S LIKE IF THE LAST APPLICANT HAD SAID TO US, WELL, YEAH, ALL OF MY
[01:05:01]
NEIGHBORS WANNA DO THIS AS WELL, BUT WE'RE ON THE SAME STREET.SO I GUESS I WANNA GIVE YOU THE CHANCE TO SAY, HOW ARE THESE UNIQUE FROM EACH OTHER? IF YOU'RE SAYING THEY'RE ALL THROUGH THE EXACT SAME, I THINK THAT'S, I'M, I'M JUST STRUGGLING HOW YOU MET THAT CRITERIA.
IF THEY ARE THE SAME, MAYBE THAT'S NOT WHAT YOU MEANT.
THAT'S WHAT I WANNA, WANNA ASK.
SO THE THIRD PROPERTY, WHICH IS NOT PART OF TONIGHT'S REQUEST, IT'S WITHIN THIS BLOCK OF RESIDENTIAL DEVELOPMENT NORTH OF BRIDGE STREET AND IS SLIGHTLY DIFFERENT THAN THE TWO PROPERTIES BEFORE YOU THIS EVENING.
AND THE FACT THAT IT HAS MULTIPLE FRONTAGES, UM, AND I KNOW THAT APPLICANT IS REALLY, THEY'RE IN A VERY DIFFERENT BOAT THAN THESE TWO PROPERTIES TONIGHT, TAKING THIS BLOCK AS IT RELATES TO THE REST OF THE RESIDENTIAL PROPERTIES TO THE SOUTH.
THOSE RESIDENTIAL PROPERTIES, THE BUILDINGS ARE CITED MUCH CLOSER TO SOUTH RIVERVIEW STREET.
WHEREAS HERE ON NORTH RIVERVIEW, ALL THE BUILDINGS ARE SET PRETTY MUCH IN THE MIDDLE OF THE LOT.
UM, SO THAT'S REALLY HOW THEY DIFFER IT.
WE'RE NOT GONNA SEE THIS AGAIN PER SE ON SOUTH RIVERVIEW BECAUSE THERE'S MORE DEVELOPABLE AREA ON THOSE LOTS.
SO THAT'S HOW THEY ARE DIFFERENT.
SO I THINK PART OF THE ISSUE HERE IS WE'D MAYBE DRAWN A HARD LINE ON WHAT PECULIAR OR UNIQUE MEANT.
AND WOULD IT BE YOUR OPINION THAT THIS ZONE IS VERY LARGE? IT CAN BE PECULIAR FOR TWO OUT OF MANY IN THIS ZONE TO BE IN A SPECIAL SITUATION, EVEN THOUGH IT'S NOT UNIQUE, IT'S STILL PECULIAR, IF THAT MAKES SENSE.
IT CAN APPLY TO MULTIPLE HOMES AS LONG AS IT'S NOT SOMETHING THAT YOU SEE.
I MEAN, AS LONG AS IT'S STILL, IN MY OPINION, PECULIAR, IT'S NOT SOMETHING THAT APPLIES TO MOST OF THE DISTRICT.
WOULD YOU AGREE WITH THAT? THAT'S CORRECT.
DO YOU KNOW WHAT, UH, IF YOU HAVE ANY IDEA, AND I CAN OBVIOUSLY ASK THE APPLICANT WHAT, WHAT'S THE PLAN FOR THE PROPERTIES? I WILL LET, I MEAN RIGHT.
THE REQUEST IS TO MODIFY THE, THE EXISTING HOME SLIGHTLY, UM, TO BUILD AN ADDITION AND THEN TO DEMOLISH THAT REAR OUTBUILDING STRUCTURE IN THE BACK, UM, TO ESSENTIALLY BRING ALL THE BUILDINGS TOGETHER AS ONE BUILDING ON SITE.
UM, IF THERE'S SPECIFIC QUESTIONS YOU HAVE REGARDING THE PROJECT, I'LL LET, WHICH OH, SURE.
NO, I JUST, YEAH, SO I MEAN, SPEAK TO IT.
THESE ARE GONNA BE HOMES ON THE LOTS, RIGHT? CORRECT.
THEY'RE MAINTAINING THEIR RESIDENTIAL USES AND THEY, THE THREE PROPERTIES WITHIN THIS BLOCK WILL BE THE ONLY RESIDENCES NORTH OF BRIDGE STREET.
SO THE OTHER RESIDENTIAL HOMES NORTH OF HERE.
ALTHOUGH THE BUILDINGS ARE STAYING, THEY'RE JUST BECOMING RETAIL USES A RESTAURANT, VARIOUS DIFFERENT COMMERCIAL PROPERTIES.
CAN YOU GIMME THE NUMBERS AGAIN? UM, FOR WHAT A RB APPROVED ON THE, UH, BUILDING FOOTPRINT? YEAH.
SO THE, OR THEY DIDN'T APPROVE IT.
SO FOR THE BUILDING FOOTPRINT, THE WAIVER THAT WAS APPROVED, UM, WAS 2003 75 SQUARE FEET.
AND THEN THE APPLICANT IS REQUESTING THE VARIANCE TWO, PERMIT 2007 46 SQUARE FEET.
UM, WITH THAT IS THAT, IS THAT, I'M SORRY TO INTERRUPT, BUT IS THAT, UM, I WOULD IMAGINE IF YOU'VE SEEN ANY DRAWINGS, OR BASED ON YOUR UNDERSTANDING, IS THIS GONNA BE A MULTI-LEVEL HOME OR IS IT GONNA BE JUST, IS THE SQUARE FOOTAGE ON THE ORIGINAL ELEVATION OF THE BASE ELEVATION OR IS IT ON A SECOND OR THIRD FLOOR? THERE ARE MULTIPLE LEVELS TO THE HOME.
UH, I KNOW THAT THE ORIGINAL PART OF THE HOME IS THEY'RE NOT REALLY CHANGING THE FOOTPRINT OR THE NUMBER OF LEVELS FOR THAT PIECE.
UM, I BELIEVE THERE'S TWO LEVELS TO THE ADDITION TO THE REAR, BUT I'LL LET THAT'S FINE.
YEAH, I WAS JUST, IF YOU KNOW, AND THEN, UH, WHAT'S THE FOOTAGE THEN ON THE, THE SETBACK? CAN YOU, WHAT'S THE ACTUAL AMOUNT THAT THEY'RE ASKING FOR? FOR THE VARIANCE REQUEST, IT'S 20 FEET.
AND WHAT WAS THE WAIVER TO? UH, 24.4.
[01:10:01]
AN ADDITIONAL, SO IS IT, SO THEY WANTED 44 AND A RB GAVE 'EM 20? NO.SO THE, THE WAIVER ALLOWS THEM TO BE SET BACK 24.4 FEET.
SO THEN THERE'S A DIFFERENCE OF 4.44 FEET.
AND DID YOU SAY THEY A RB COULDN'T HAVE GRANTED A VARIANCE ANY BIGGER THAN THAT? THAT WAS THEIR MAXIMUM? CORRECT.
AND THE ONLY OTHER THING I WANTED TO MENTION AS WELL WAS THAT A RB EXPRESSED FULL SUPPORT FOR A MAXIMUM BUILDING FOOTPRINT UP TO 2007 57 SQUARE FEET.
SO THEY ARE WITH THIS VARIANCE REQUEST, THEY ARE UNDERNEATH THAT AND IN LINE WITH THE, UM, THE CHARACTER AND UM, THE SQUARE FOOTAGE THAT THE A OR B WAS COMFORTABLE ALLOWING.
THEY DON'T GET TO MAKE THAT DECISION, ISN'T IT? I'M SORRY.
IT'S NOT THEIR DECISION TO MAKE, IT'S OUR DECISION.
THEY CAN ASK FOR SOMETHING, CORRECT.
THEY JUST EXPRESS SUPPORT FOR THEY SUPPORT.
UM, I, WELL WE HAVE DIFFERENT CODES.
DO WE HAVE ANY OTHER QUESTIONS FOR STAFF? YEAH, I JUST WANTED TO ASK CLARIFYING QUESTION ON WHAT BASSAM CLARIFIED EARLIER.
SO FOR HISTORIC DISTRICT, HISTORIC RESIDENTIAL ZONING, ARE THESE THE ONLY, 'CAUSE THE COMMENT EARLIER GOT MADE, THERE'S ONLY THREE PROPERTIES WITHIN THE ZONING DISTRICT.
UM, I JUST WANT TO, IT'S NORTH, NORTH OF, UH, BRIDGE STREET.
SO IN THE PLANNING REPORT, OR THE SAME CHART HERE, SO THE ONE RED BLOCK THAT YOU SEE UP NORTH OF WHAT'S, WHAT'S THE STREET CALLED? UH, NO IT'S NOT.
WING LANE, RIGHT? THE ONES NORTH WHERE IT'S RED, THEY'RE GONNA CONVERT THAT TO, UH, HD HC.
SO WHAT'S RELEVANT, I THINK YOU'RE ASKING IS, IS THE DISTRICT THE THREE HOMES THAT ARE THE NORTH OF BRIDGE OR DOES IT CONSIST OF THE STUFF SOUTH OF BRIDGE? YES.
IS HISTORIC DISTRICT HISTORIC RESIDENTIAL, LIKE LEGALLY SEP YOU MEAN, IS IT A SEPARATE DISTRICT FROM THE HDHP AND HDHC? YES.
THEY HAVE DIFFERENT REQUIREMENTS.
WITHIN, THEY'RE ALL WITHIN THE HISTORIC DISTRICT, BUT THEY'RE DIFFERENT ZONING CLASSIFICATIONS WITH DIFFERENT LOT REQUIREMENTS.
SO, 'CAUSE IT WAS JUST REFERRED TO MULTIPLE TIMES THAT HOMES IN THE NEARBY PARTS OF THE HISTORIC DISTRICT.
AND I JUST WANTED TO CLARIFY THAT THOSE ARE DIFFERENT DISTRICTS.
THE, THAT CRITERIA ONE AND CRITERIA A ONLY HAS TO DO WITH, UM, HISTORIC DISTRICT, HISTORIC RESIDENTIAL.
AM I FOLLOWING THAT CORRECTLY? OKAY, THANK YOU.
AND THAT DISTRICT DOES NOT JUST COMPRISE OF THESE THREE HOMES, THERE ARE MANY OTHER HOMES IN THAT SAME DISTRICT.
I'M TRYING TO YES, BUT TO THE SOUTH, TO THE SOUTH OF THAT STREET, BUT THEY'RE STILL WITHIN THE SAME DISTRICT.
AND, AND SO THERE'S, ARE THERE HOMES WITHIN THAT SPECIFIC DISTRICT YOU'RE SAYING THAT WOULD HAVE THE SAME ISSUE? NO.
SO THE THREE PROPERTIES TO THE NORTH OF BRIDGE STREET, TWO OF WHICH YOU'RE BEING CONSIDER OR YOU'RE CONSIDERING TONIGHT, HAVE VARIED DIFFERENT CONDITIONS THAN THE HOMES TO THE SOUTH ON SOUTH RIVERVIEW STREET.
SO IF YOU RECALL, I MENTIONED AND TALKED ABOUT HOW THE HOMES ON SOUTH RIVERVIEW STREET ARE CITED CLOSER TO THE ROAD ON SOUTH RIVERVIEW.
UM, WHEREAS THE PROPERTIES HERE ON NORTH RIVERVIEW, THEIR POSITION, THE HOUSE IS POSITIONED IN THE MIDDLE OF THE LOT.
SO YOU HAVE VERY DIFFERENT SETBACKS THAT ARE, YOU KNOW, EXISTING CONDITIONS.
UM, IT AFFECTS THE AMOUNT OF THE LOT THAT IS ACTUALLY DEVELOPABLE FOR ANYONE MOVING INTO THOSE HOMES.
UM, SO THEY'RE REALLY DIFFERENT FROM THE REST OF THE HISTORIC RESIDENTIAL DISTRICT.
A APPROXIMATELY HOW MANY HOMES ARE IN THE DI IN THAT DISTRICT? IS IT MORE THAN 10? YES.
ANYBODY ELSE HAVE ANY QUESTIONS? NOT RIGHT NOW.
SORRY, I HAVE SOME MORE QUESTIONS.
SO I'M, I'M STILL A LITTLE BIT CONFUSED HERE, AND I'M TRYING TO GRAPPLE WITH IT.
I DON'T CARE WHERE THE FOUNDATION OF THE
[01:15:01]
HOMES ARE.I DON'T THINK THAT MATTERS IN THEORY IF THEY'RE REQUESTING DEMOLISHING, THEY COULD HAVE DEMOLISHED THEM.
WHAT YOU'RE ASK WHAT YOU'RE SAYING IS THAT THIS REQUEST IS FOR WHERE THE HO THEY WANT TO KEEP PART OF THE FOUNDATION OF THE ORIGINAL HOME.
BUT ARE THE LOT SIZES DIFFERENT ON THE SOUTH RIVERVIEW LOTS? UM, THEY ALL KIND OF VARY, BUT RIGHT.
A LOT OF THE LOTS IN THE HISTORIC DISTRICT ARE TRADITIONALLY NARROWER, NOT AS BIG THAT, YOU KNOW, COMPARED TO LOTS THAT YOU PROBABLY TYPICALLY SEE IN SUBURBAN DEVELOPMENT.
UM, SO GIVEN ALL THAT EXISTING CONTEXT OF THE LOT, YEAH, NO, AND I MEAN, WHAT YOU'RE, WHAT I'M HEARING IS THAT THE, THE HOMES THAT ARE IN QUESTION, YOU KNOW, WE HAVEN'T GOT TO THE NEXT CASE, BUT THE HOME IN QUESTION NOW HERE, IT'S ACTUALLY IN A MORE FAVORABLE POSITION BECAUSE IT'S IN THE MIDDLE OF THE, THE, THE PROPERTY.
WHEREAS I THINK YOU HAD INDICATED SOME ON THE SOUTH OF BRIDGE STREET WERE MORE ABUTTING UP TO, UH, THE ROADS OR THE OTHER PROPERTY LINES.
UM, I THINK ONE THING THAT'S REALLY IMPORTANT TO CONSIDER WHEN A RB IS CONSIDERING ADDITIONS TO HISTORIC HOMES, THEY HAVE TO BE SUBORDINATE, UM, IN NATURE.
SO THEY CANNOT EXTEND OUTWARD FROM THE HOME.
UM, THEY CANNOT BE OVERLY TALL.
JUST, UH, FOR A COUPLE EXAMPLES.
SO WITH THE HISTORIC DISTRICT CODE, UM, HAS REQUIREMENTS FOR THAT, AND THEN THE GUIDELINES FOR THE HISTORIC DISTRICT ALSO HAVE REQUIREMENTS FOR THAT.
SO THAT ALSO REALLY, I KNOW THAT'S, YOU DON'T CONSIDER THAT, BUT THE ARCHITECTURE REVIEW BOARD HEAVILY COMMENTS ON THAT FOR ANY ADDITIONS? NO, I, I'M, I'M SURE THEY DO.
I I JUST WANNA MAKE SURE I, I HEARD SOMETHING CORRECTLY THAT YOU JUST SAID.
YOU HAD SAID THAT YOU CAN'T EXTEND THE BUILDING FOOTPRINT THAT'S ALREADY THERE.
THAT'S PART OF THE A RB CODE THAT THEY HAVE TO, THEY'RE GOVERNED BY, THEY CAN EXPAND THE MAXIMUM BUILDING FOOTPRINT AS LONG AS THEY'RE NOT EXCEEDING WHAT'S PERMITTED BY CODE.
RIGHT? WELL, WE HAVE, BUT THOSE, THAT'S THE SAME ANYWHERE.
'CAUSE IT'S BASED OFF THE SIZE OF THE LOT IN THE, UH, THE HOME SIZE.
THAT'S ONE OF THE BUILDING FOOTPRINT.
SO IT DOESN'T REALLY MATTER WHERE THE, THE BUILDING'S LOCATED.
SO IF I CAN MAYBE, YEAH, GO AHEAD.
UM, PART OF WHAT WE LOOK AT WITH THE HISTORIC DISTRICT CODE IS, AND, AND WE DON'T DO THIS REALLY ANYWHERE ELSE EXCEPT FOR SPECIFIC PROPERTIES THAT HAVE HISTORIC DESIGNATIONS, IS THAT IF A PROPERTY IS, IS DESIGNATED HISTORIC, UM, THERE'S OTHER TERMINOLOGY, I DON'T HAVE IT RIGHT NOW, BUT THE REQUIREMENTS IN OUR DESIGN GUIDELINES THAT PROVIDE DIRECTION FOR HOW ADDITIONS SHOULD BE PROVIDED, UM, IN THIS CASE, YOU KNOW, WE'RE THE, THE INTENT WITH THE, THE CODE AND THE DISTRICT IS TO PRESERVE THE FORM AND THE, THE APPEAL OF THE BUILDING IN ITS CURRENT FORM.
SO, YOU KNOW, WHAT WE'VE SEEN WITH A RB AND WHAT THEY LOOK AT IS, ALL RIGHT, IS WHAT'S BEING ADDED.
IS THAT TAKING AWAY FROM THE CHARACTER OF THE HOME THAT IT CURRENTLY HAS OR IS IT PRESERVING THAT AND ENHANCING THAT? SO THAT'S WHY IN THE SETBACK WITHIN, ON NORTH RIVERVIEW STREET, I BELIEVE THE FRONT IS, I THINK IT'S 20 FEET.
UM, BUT THE INTENT IS TO HAVE THOSE HOMES OUT CLOSER TO THE STREET.
THESE ARE PUSHED BACK A LITTLE BIT FURTHER.
SO IT REALLY DOES LIMIT, WE CAN'T BUILD, OR THE INTENT WITHIN THAT DISTRICT IS NOT TO BUILD FORWARD OF THAT STRUCTURE.
'CAUSE YOU DON'T WANT TO TAKE AWAY FROM THE CHARACTER THAT'S BEEN ESTABLISHED.
THAT DOESN'T REALLY, IT'S NOT RELEVANT BECAUSE IT'S, WE'RE TALKING ABOUT THIS, THIS THE, THE ACTUAL FOOTPRINT IN OF ITSELF.
CAN YOU TELL ME, ZACH, IF YOU RECALL, OR DO YOU KNOW MM-HMM,
SO WE HAVEN'T HAD ANY COME FORWARD SINCE THAT NEW CODE HAS BEEN.
CAN YOU TELL ME WHEN, UM, IF YOU RECALL, 'CAUSE I'M TRYING TO REMEMBER HOW MANY HOMES WITHIN THE HISTORIC DISTRICT, N-H-D-H-R, WHAT, WHICH, WHAT YEAR WAS THAT CREATED THAT ZONING DISTRICT? THAT WOULD'VE BEEN 21.
SO EVEN BEFORE THEN, I'M TRYING TO THINK OF WAIVER, NOT WAIVERS, BUT VARIANCE REQUESTS THAT WOULD HAVE COME TO US ON, ON SOMETHING SIMILAR TO THIS.
IF, YOU KNOW, IT DOESN'T MATTER, YOU CAN THINK ABOUT
[01:20:01]
IT.YEAH, I MEAN, IN MY TIME HERE WE HAVEN'T, WE HAVE A, HAD HEADACHE IN THE DISTRICT.
UM, FOR WHAT IT'S WORTH, UM, I CAN'T THINK OF ANY, UM, TYPICALLY APPLICANTS DO WORK WITH, I MEAN WE DO SEE WAIVERS PRETTY COMMONLY FOR BUILDING ADDITIONS.
AND WHEN THOSE ADDITIONS ARE CONTEXTUALLY APPROPRIATE AND A RB DOESN'T HAVE ANY CONCERNS WITH HOW THEY'RE SUBORDINATE TO THE RIGHT, THE HISTORIC PART OF THE HOME, UM, THEN A RB HAS GRANTED THOSE INSTANCES AND THOSE WAIVERS.
UM, BUT IN MY TIME ALSO, LIKE WE HAVE NOT HAD A VARIANCE REQUEST LIKE THIS.
DO WE HAVE ANY OTHER QUESTIONS? UH, I KNOW I MAY HAVE ONE MORE.
I NEED TO CHECK ONE MORE REFERENCE ONE THING HERE.
UH, JUST SO I, I'M NOT SURE EVERYBODY CHECKED THEIR EMAILS, BUT THE, AND I THINK THIS, THE REASON I'M GONNA BRING THIS UP 'CAUSE I, IT MAY HAVE BEARING ON THIS, THAT, UH, THE SECOND CASE THAT WE HAVE, THAT'S TWO FOUR DASH 0 3 0.
UM, I THINK LAST ONE, THAT'S A RB NUMBER.
LEMME LOOK, UH, LET'S SEE, 2 4 0 6 2 V.
THAT'S THE 27 NORTH RIVERVIEW REQUESTING THE SAME THING.
A RB REJECTED A COUPLE THINGS.
I KNOW THEY ALLOWED THE WAIVERS TO GO THROUGH, BUT CAN YOU JUST DESCRIBE IF, IF, UH, YOU'RE AWARE WHAT WAS REJECTED LAST NIGHT? SO THE APP, THE REQUEST FOR THE MINOR PROJECT REVIEW AS WELL AS THE DEMOLITION WERE TABLED UNTIL JULY.
UM, SO THE APPLICANT NEEDS TO WORK THROUGH SOME DESIGN ITEMS RELATED TO THAT REQUEST.
UM, WHAT THE A RB DID APPROVE WERE THE TWO WAIVERS FOR THE REAR YARD SETBACK AS WELL AS THE MAXIMUM BUILDING FOOTPRINT.
I THINK IT WAS SPECIFICALLY THAT THE PROPOSAL DIDN'T MEET CODE GUIDELINES AND THE SECRETARY OF INTERIOR STANDARDS RELATIVE, UH, TO THE ADDITIONS.
SO JUST FOR ANYBODY THAT MAY HAVE NOT READ THE EMAIL THAT WE GOT THIS AFTERNOON, JUST TO MAKE SURE.
ANYBODY ELSE? I HAVE ANY QUESTIONS.
SORRY THAT TOOK THAT SO LONG, BUT I WANT TO MAKE SURE WE'RE THOROUGH.
UH, FOR THE APPLICANT, IT'S MR. TAYLOR.
IF YOU PLEASE WOULD JUST STATE YOUR FULL NAME, UH, AND YOUR ADDRESS AND IT CAN BE A BUSINESS ADDRESS.
RICHARD TAYLOR, ARCHITECTS 48 SOUTH HIGH IN DUBLIN.
UM, SHE SAID EVERYTHING I THINK I WOULD'VE SAID IF SHE HADN'T.
I JUST WANNA CLARIFY A COUPLE OF THINGS.
UM, AS FAR AS THE LOCATION OF THESE TWO HOMES ON THOSE LOTS RELATIVE TO THE BULK OF THE HOMES THAT ARE IN THIS, THE BULK OF THIS DISTRICT SOUTH OF BRIDGE STREET, THESE HOUSES ARE FURTHER BACK SINCE IN THE HISTORIC DISTRICT.
WE CAN ONLY ADD TO THE BACKS OF THE HOUSES.
CAN'T ADD TO THE SIDES OF THE FRONTS.
WE HAVE LESS AREA TO WORK WITH IN THE BACK.
I THINK THAT'S THE POINT WE'RE TRYING TO MAKE THERE.
UM, THE, UH, UH, THE CONDITIONS OF THE, OF THE PROPERTY THAT, THAT ARE UNIQUE, AND THIS IS SOMETHING WE'VE BEEN DISCUSSING, UH, WITH A RB SINCE DECEMBER, UM, AND THAT THEY HAVE AGREED TO, UM, AS WELL AS PLANNING HAS AGREED TO, IS THAT THESE, THERE ARE THREE LOTS.
WE'RE WORKING WITH TWO OF THEM.
THEY'RE KIND OF AN ORPHAN FROM THE REST OF THE DISTRICT 'CAUSE THEY'RE CUT OFF BY BRIDGE STREET.
AND THE PROPERTIES DIRECTLY TO THE NORTH ARE GONNA BE REZONED TO HISTORIC CORE, WHICH IS 85% LOT COVERAGE.
AND THE PROPERTIES DIRECTLY TO THE WEST ARE COMING RIGHT UP TO THE ALLEY, VERY CLOSE TO OUR PROPERTY.
UM, THAT'S ALSO HISTORIC CORE.
THERE ARE NEW BUILDINGS, MULTI-STORY BUILDINGS GOING THERE THAT ARE ALSO 85% LOT COVERAGE.
UM, SO OUR DISCUSSION THAT WE'VE HAD, AND THAT HAS BEEN, UH, AGREED TO WITH A RB, IS THAT THE CONDITIONS SURROUNDING THESE PROPERTIES MAKE THEM VERY UNIQUE.
THEY'RE LITTLE ISLANDS IN THE MIDDLE OF ALL THIS URBAN STUFF THAT'S GOING ON.
SO MAKING THESE, ADDING ONTO THESE HOMES THAT MAKE THEM LARGER, UM, IS SOMETHING THAT EVERYONE'S AGREED IS APPROPRIATE DOWN HERE.
NOW FROM THE A B'S PERSPECTIVE, UH, WE NEED TO MAKE SURE THAT WE ARE KEEPING THE ORIGINAL STRUCTURES INTACT.
SO THE ADDITIONS THAT WE'RE DOING IN, IN THE CASE OF BOTH HOUSES, UM, THE ORIGINAL STRUCTURES INT WERE PUTTING A ONE STORY ADDITION, UH, TO THE BACK OF IT, AND THEN A STORY AND A HALF EDITION BEHIND THAT.
SO THERE'S A CLEAR DISTINCTION BETWEEN THE THREE SECTIONS OF THE HOUSES, BUT THAT DOES PUSH THE BACK OF THE HOUSE BACK CLOSE TO THE BLACKSMITH ALLEY.
UM, AND, AND THAT'S WHAT WE'RE LOOKING FOR A VARIANCE FOR, IS TO BE ABLE TO GO FARTHER BACK THERE.
SO WE HAVE ROOM TO FIT THE STUFF BETWEEN
[01:25:01]
THE STREET AND THE, AND THE HOUSE ITSELF.UM, AS FAR AS WHAT WAS APPROVED, AND THIS IS, YOU ASKED ABOUT THE 27 HOUSE, UM, THE HOUSE ITSELF IS NOT OFFICIALLY APPROVED, BUT THE ONLY ITEMS THAT WE ARE REWORKING RIGHT NOW ARE, ARE TWO SPECIFIC ITEMS ABOUT A, A SLIGHT OFFSET IN THE LOCATION OF THE TWO ADDITIONS THAT WE'RE DOING.
AND THE OTHER IS THE, THE, UM, CONDITION OF THE MATERIALS.
SO WE HAD WANTED TO REPLACE MATERIAL MATERIALS AND WHAT THE A RB IS ASKING US TO DO IS TO EXAMINE THOSE MATERIALS BEFORE WE TAKE THEM OFF TO MAKE SURE THAT, THAT WE'RE NOT DESTROYING HISTORIC FABRIC, BUT THE FOOTPRINT OF THE HOUSES AND THE LOCATION OF THE HOUSES AND THE MAKEUP OF THE HOUSES WILL BE EXACTLY THE SAME.
UM, ONCE THEY APPROVE THOSE, THOSE MINOR TECHNICAL ISSUES ON THERE.
UM, THAT'S IT AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.
ANY QUESTIONS FOR THE APPLICANT? GO AHEAD, DAN.
UH, JUST TO VERIFY ANY CHANGE YOU WOULD MAKE TO THAT OFFSET AS A RESULT OF REWORKING? UM, I'M SORRY, SAY THAT AGAIN? ANY CHANGES THAT YOU'D HAVE TO REWORK FOR THE, THE OFFSET THAT YOU DISCUSSED.
UM, THEY WOULD NOT AFFECT THIS VARIANCE, RIGHT? IT WOULDN'T REMOVE THE NEED FOR THE EXTRA FOUR AND A HALF FEET? NO, THEY WOULD ACTUALLY BE ON, THEY, THEY WOULD BE THIS WAY, NOT THIS WAY.
SO THE SIDES A LITTLE NARROWER.
I I JUST HAVE ONE CLARIFYING QUESTION.
YOU SAID THAT THEY'RE, THEY'RE SET FURTHER BACK THAN OTHER PROPERTIES IN THE ZONING DISTRICT.
WOULD YOU SAY THEY'RE SET FURTHER BACK THAN A MAJORITY OF THE PROPERTIES? WELL, I'VE DONE A COUPLE OF PROJECTS ON SOUTH RIVERVIEW AND WE HAVE SEVERAL, THE, THE LOTS THAT ARE PROBABLY, AND I'M JUST THIS ANECDOTAL, ARE PROBABLY TWICE AS DEEP AS THESE ARE.
UM, THE OTHER ISSUE IS ON, ON ONE OF THESE, ON THE 27 PROPERTY, WHICH IS THE NEXT ONE YOU'RE GONNA LOOK AT.
WE HAVE STREETS ON THREE SIDES ON THIS PROPERTY.
UM, WE HAVE STREETS ONLY ON ONE SIDE OF ALL THE OTHER HOUSES IN THE OTHER AREAS.
SO WE DON'T HAVE, UH, WE HAVE THE, ALL THAT SPACE IN THE BACK THAT WE DON'T HAVE HERE BECAUSE WE HAVE A HIGHWAY EASEMENT AND A NUMBER OF OTHER CITY IMPOSED RESTRICTIONS BACK THERE.
ARE YOU AWARE OF ANY, UH, FUTURE CHANGES TO, UH, IT WAS A, SORRY, BLACKSMITH ALLEY THERE THAT RAN ON ONE SIDE.
ARE YOU, BECAUSE IT SOUNDS LIKE THAT'S WHERE YOU COULD BE AFFECTED BY THE STREET STATION.
IT'S AN INTERESTING QUESTION ON THE SOUTH SIDE OR ON, ON WHERE WE ARE.
WELL ON THE SIDE THAT, THAT THIS, AS I UNDERSTAND IT, THAT THIS ADDITION WOULD NEARLY BORDER.
SO, UM, THE ADDITION IS WE'RE LOOKING, THIS WOULD BE ON THE WEST OR LEFT SIDE, CORRECT? CORRECT.
SO THAT'D BE CLOSER TO BLACKSMITH ALLEY.
AND I'M JUST CURIOUS HOW THAT STREET, SMITH STREET SCAPE WILL BE AFFECTED, UH, WITH THE CHANGES TO, UH, THE REST OF THE HDHC DISTRICT AND THESE TWO HOMES.
SO I'LL GIVE YOU THE THUMBNAIL ANSWER.
I COULD SPEND AN HOUR ON THIS, BUT I WON'T.
SO WE'VE HAD EXTENSIVE DISCUSSIONS WITH ENGINEERING AND WITH PLANNING WITH A RB ABOUT PROPOSED CHANGES TO BLACKSMITH LANE THAT IMPACT US.
SO WHEN THESE PROPERTIES BEFORE MY CLIENT PURCHASED THEM, THE CITY IMPOSED, UH, A HIGHWAY EASEMENT ON ALL ACROSS BLACKSMITH LANE.
AND THE IDEA WAS THAT THEY'RE GONNA DO SOME FUTURE IMPROVEMENTS, INCLUDING ON STREET PARKING, A TREE, LAWN SIDEWALK AND UTILITY BURIAL ALONG THERE, WHICH IS, WHICH IS ALL GREAT, BUT THAT DOES IMPACT POTENTIALLY THE LOCATION OF OUR GARAGES AND DRIVEWAYS AND HOW FAR THE HOUSE SETS BACK AND ALL THAT.
WE MADE SEVERAL PROPOSALS AND NEGOTIATED WITH THE CITY, UM, THE DISTANCES THESE HOUSES COULD SET BACK FROM THE HIGHWAY EASEMENT.
AND AGAIN, I WON'T GO INTO ALL THE DETAILS, BUT WE HAVE WORKED VERY CLOSELY WITH THE CITY, WITH THE ENGINEERING DEPARTMENT TO DETERMINE WHERE THE DRIVEWAYS ARE GONNA BE, HOW FAR THE HOUSES ARE GONNA SET BACK.
UM, LAST NIGHT AT A RB ONE COMMISSIONER WAS CONCERNED THAT OUR, WE WERE GOING TO USE GARAGE DOORS THAT OPEN OUT, HE WAS CONCERNED THAT THAT WOULD IMPACT THE, THE, UH, UH, HIGHWAY EASEMENT.
UM, BUT YEAH, THAT WE, THAT'S BEEN VERY WELL CONSIDERED IN ALL OF THIS.
SO I, I HAVE ANOTHER QUESTION.
I, IT KIND OF GOES ON WITH SOMETHING YOU SAID THE YOU'RE NOT, AND ZACH OR TAYLOR, MAYBE YOU CAN HELP ME OUT HERE, YOU'RE NOT ALLOWED TO BUILD TO THE FRONT OF THE STRUCTURE ADD-ON? THAT'S CORRECT.
CAN YOU BUILD ABOVE THE PRIMARY STRUCTURE THAT'S THERE? YOU CAN ADD ON, TYPICALLY THE HISTORIC STRUCTURE NEEDS TO BE THE
[01:30:01]
DOMINANT, UM, THE HISTORIC STRUCTURE NEEDS TO BE THE DOMINANT STRUCTURE ON THE LOT WHERE EITHER AN ADDITION IS IN LINE WITH THAT ROOF LINE OR SUBORDINATE TYPICALLY UNLESS OTHERWISE APPROVED BY THE BOARD, YOU HAVE TO MAINTAIN A FACADE BASICALLY.I WOULD BE BANISHED FROM THE A RB MEETINGS FOREVER IF I PROPOSED SOMETHING LIKE THAT.
WHAT THE CODE WANTS IS NON SEQUITUR WITH THESE HOMES BASED ON WHAT'S BEEN APPROVED IN THE SOUTH.
IT'S, IT'S, THE WHOLE THING HERE IS THESE LOTS ARE IN THE MIDDLE.
THOSE OTHER ONES, MY UNDERSTANDING, YOU HAD MORE BEHIND.
SO YOU'RE NOW YOU'RE SAYING, OH, WELL YOU ONLY CAN ADD BEHIND, BUT YOU'RE LIMITING YOURSELF.
IN THEORY, THERE SHOULD BE A VARIANCE OR SOME KIND OF WAIVER TO ADD ON TO THE FRONT OF THE PRINCIPLE STRUCTURE WHEN THERE'S AN EXTENSIVE AMOUNT OF SQUARE FOOTAGE IN THE FRONT.
AM I THINKING OF THAT INCORRECTLY? SO MAYBE I CAN ADD A COUPLE THINGS.
THE MOST OF WHAT THAT AFFECTS IS REALLY THE REAR YARD SETBACK.
SO THE ADDITION HAS TO BE PER THE HISTORIC DISTRICT CODE, THE ORIGINAL STRUCTURE HAS TO REMAIN, UH, IN THE FRONT, HAS TO BE INTACT.
SO ALL ADDITIONS HAVE TO BE IN THE BACK.
SO IF THE ORIGINAL BUILDING WAS CLOSER TO NORTH RIVERVIEW, THAT WOULD ALLOW MORE SPACE IN THE BACK SO THAT THE SETBACK COULD POTENTIALLY BE WELL, NO, NO.
I MEAN WE WOULDN'T, WE WOULDN'T BE HERE.
SO THAT'S WHAT I'M GETTING AT IS THAT YOU'RE, YOU, YOU'VE CARVED OUT SOMETHING IN THE HISTORIC WHATEVER THE A RB CODE IS, AND ADMITTEDLY I HAVEN'T REVIEWED IT.
I TRY TO STICK TO THE BZA STUFF.
BUT I'M JUST HAVING A HARD TIME UNDERSTANDING WHY THERE WOULDN'T HAVE BEEN A REQUEST TO, AND MAYBE YOU CAN'T.
IS THERE EVER A SITUATION WHERE YOU HAVE A VARIANCE TO THE, THOSE, THOSE A RB CODES TO ALLOW EITHER BUILDING ON THE PRIMARY STRUCTURE BASED ON A CONDITION LIKE THIS OR FORWARD OF THE STRUCTURE? N NO.
MR. TAYLOR, HAVE YOU THOUGHT ABOUT DOING THAT IN THIS SITUATION? HAVE YOU THOUGHT ABOUT A A TO UTILIZE SOME OF THAT FRONTAL SPACE? WELL, I'VE BEEN THIS FOR 30 YEARS DOWN HERE AND IT'S NEVER HAPPENED.
I'VE BEEN DOING THIS FOR 30 YEARS DOWN HERE.
UM, AND IT'S NEVER HAPPENED AND IT'S NEVER BEEN PROPOSED.
AND I, I KNOW I'M ABSOLUTELY CERTAIN THAT IT WOULDN'T EVEN BE CONSIDERED THE, THE IDEA.
I MEAN, THESE ARE, THESE HOUSES WERE PRESENTED AS HISTORIC PARTS OF THE FABRIC AND THEY'RE NOT GONNA ALLOW THEM TO BE OBLITERATED IN THE FRONT BIKE.
YOU'RE, YOU'RE PRESENTING SOMETHING TODAY THAT HAS NEVER BEEN PROPOSED TOO.
SO IT'S, THERE'S PRECEDENT SETTING BOTH WAYS IS WHAT IS WHAT I'M GETTING AT.
UM, I'M, I'M, I'M COMFORTABLE WHERE I'M AT.
I DON'T HAVE ANY MORE QUESTIONS.
IT'S TOO BAD THEY DON'T JUST PICK UP THE HOUSE AND MOVE IT FORWARD, KEEP THE FACADE THERE.
AND NOW THAT'S AN INTERESTING POINT THAT YOU BROUGHT UP THERE BECAUSE THAT WE DID ASK, AND IN FACT THE HOUSE ON 27, WE ARE NOT MOVING IT FORWARD, BUT WE ARE ROTATING IT SLIGHTLY TO STRAIGHTEN ON THE LOT, BUT IT WAS VERY CLEAR TO US THAT THOSE HOUSES WOULD NOT COME FORWARD ANY FURTHER.
ARE THEY ON SLABS OR IS THERE ARE THEIR BASEMENTS? WELL, THE HOUSE THAT WE'RE TALKING ABOUT RIGHT NOW IS ON A BASEMENT.
THE ONE TO THE NORTH IS PRETTY MUCH SITTING ON THE GROUND.
SO THAT'S WHY WE'RE LIFTING IT UP AND BUILDING A NEW FOUNDATION.
IT'S ABOUT TO COLLAPSE IN ON ITSELF.
SO, AND JUST TO CLARIFY IT ACTUALLY, MAYBE I'M MISUNDERSTANDING WHAT YOU'RE SAYING, JASON, BUT IT LOOKS LIKE THERE'S LESS ROOM IN THE FRONT ANYWAY.
IF YOU WERE BUILDING AN ADDITION, MORE SPACES IN THE BACK, THERE'S NO, WHAT THEY'RE SAYING IS THE HOMES THAT ARE IN THE SOUTH, THEY'RE ALL ON THE STREET.
THAT MEANS THE ENTIRE BACKYARD IS WHERE THEY CAN BUILD RIGHT HERE.
THESE THREE HOMES FALL, THEY'RE DIFFERENT.
THERE'S MORE ROOM TO THE WEST ON THOSE LOTS RIGHT.
AND ON THIS ONE THERE'S LESS ROOM.
IT'S KIND OF COMPACTED BECAUSE OF WHERE THE ORIGINAL FOOTPRINT OF THE PROPERTY IS.
RIGHT? IS THAT, THAT'S WHAT I WAS GETTING AT WHERE THE IN THEORY, THE VARIANT SHOULD BE NOT WHAT.
SO, UM, DO WE HAVE ANY MORE QUESTIONS FOR APPLICANT OR STAFF OR DO YOU WANNA MOVE TO DISCUSSION? THANK YOU VERY MUCH FOR A PRESENTATION, BY THE WAY.
YOU, YOU KNOW, YOU ALWAYS REMIND ME LIKE, I FORGET, I'M LOOKING.
I CAN, I HAVE IT HERE ON MY CHECKLIST.
UH, IS THERE ANY PUBLIC COMMENT ON THIS? WE HAVE NOT RECEIVED ANY PUBLIC COMMENT.
WELL, I'M UH, GONNA GO DOWN THE LINE HERE.
JOEL, WHAT ARE YOU THINKING ON THE TWO, TWO SEPARATE REQUESTS? UM, I'M SUPPORTIVE OF BOTH.
I THINK IT'S MUCH LESS OF A STRETCH ON CRITERIA A ONE VERSUS THE FIRST CASE.
I THINK THE, THE APPLICANT'S REPRESENTATIVE, YOU KNOW, MADE A REALLY HARD CASE ON WHY THERE ARE SPECIAL CONDITIONS BEYOND, UM, EVEN WHAT WAS INITIALLY PRESENTED BY
[01:35:01]
THE CITY STAFF.I THINK THE ONLY THING THAT WAS CLOSE IS AS WE KIND OF DOVE INTO A LITTLE BIT THAT A ONE, AND I THINK THESE ARE PECULIAR ENOUGH FOR, FOR, FOR ME, SO I WOULD APPROVE.
UM, WELL, I'M IN LINE WITH EVERYBODY ELSE ON, ON THIS.
UM, I, I UNDERSTAND THAT THERE'S SOME UNIQUE CIRCUMSTANCES THAT ARISE FROM THE, UH, HISTORICAL NATURE OF THESE PROPERTIES THAT WOULD, UH, IMPEDE ANY SORT OF, UH, UH, CONSTRUCTION ON THE, THE FRONT, UH, OF THE PROPERTY.
UM, SO, UH, YEAH, I'M, I'M IN LINE WITH EVERYONE ELSE.
I MEAN, YOU HAVE THREE, BUT I, I'M ALSO IN SUPPORT.
I, I WAS STRUGGLING WITH THE FIRST ONE, BUT I THINK THAT HEARING THE PRESENTATION THAT IT'S UNIQUE THAT WE HAVE TWO DIFFERENT PROPERTIES ADJACENT TO EACH OTHER THAT ARE APPLYING AT THE SAME TIME.
WHAT'S UNIQUE TO ME IS ONE WAS ONE HAS TWO ROADS, ONE HAS THREE, THEY'RE IN THE CENTER OF THE PROPERTY COMPARED TO OTHER ONES.
SO I FEEL LIKE THERE IS SOME UNIQUENESS TO EACH OF THEM THAT, THAT, THAT STANDS ALONE, WHICH LETS THEM BOTH BE UNIQUE IN AND OF THEMSELVES.
THEY'RE ALSO UNIQUE COUPLED TOGETHER, BUT I THINK THEY HAVE ENOUGH UNIQUENESS STANDING ALONE THAT, THAT I WOULD BE, UM, IN FAVOR OF THIS AS WELL.
WHEN THEY'RE ALL UNIQUE, THEY CAN'T BE INDIVIDUALLY UNIQUE.
UM, I'M AGAINST THE SQUARE FOOTAGE FOR THE REASONS I SAID.
I THINK THIS SHOULD BE A, A SOMETHING TO THE A RB TO TO, TO GET THIS, THE LARGER STRUCTURE.
AND I THINK YOU CAN GET YOUR SQUARE FOOTAGE IN SOME OTHER WAY.
UM, BUT I'LL GIVE YOU THE FOUR FEET.
SO YOU GOT, UH, ONE, FOUR AND A PASSAGE.
WHY DON'T WE, WHO WANTS TO DO THE, THE MOTIONS ON THESE? WE HAVE TO DO TWO SEPARATE ONES.
I'M FINE DOING, IF YOU WANT ME TO LET JUST FIND IT.
IS IT? THAT'S WHAT THE NEXT ONE.
I MOVE TO APPROVE THE NON-USE AREA VARIANCE TO ZONING CODE SECTION 1 5 3 0.173 A TO ALLOW A MAXIMUM BUILDING FOOTPRINT OF 2,746 SQUARE FEET.
ALSO MOVE TO APPROVE THE NON-USE AREA VARIANCE TO ZONING CODE SECTION 1 53 0.173 B TO ALLOW REAR YARD SETBACK OF 20 FEET FROM THE PROPERTY LINE.
[Case #24-062V]
27, UH, EXCUSE ME, 27 NORTH RIVERVIEW STREET.WE, WE KIND OF HINTED ON IT IN THE LAST CASE PRESENTATION.
UH, THIS SPECIFICALLY IS CASE 24 DASH 0 6 2 V AND SPECIFICALLY A REQUEST FOR VARIANCE TO ALLOW MAXIMUM BUILDING FOOTPRINT TO EXCEED THE PERMITTED AMOUNT AND TO REDUCE THE REQUIRED REAR YARD SETBACK.
THE 0.21 ACRE SITE IS ZONE HD DASH HR HISTORIC RESIDENTIAL DISTRICT, AND IT'S LOCATED SOUTHWEST AT THE INTERSECTION OF WING HILL LANE IN NORTH RIVERVIEW STREET.
AGAIN, OUR CASE PRESENTATION IS BY TAYLOR FROM THE CITY.
UM, THIS IS A REQUEST FOR TWO VARIANCES FOR 27 NORTH RIVERVIEW STREET.
THE 0.21 ACRE SITE IS LOCATED SOUTHWEST OF THE INTERSECTION OF WING HILL LANG AND NORTH RIVERVIEW STREET IN THE HISTORIC DISTRICT.
THE HOUSE IS CITED NEAR THE MIDDLE OF THE LOT WITH FRONTAGE ON NORTH RIVERVIEW STREET AND A LARGER FRONT SETBACK.
A DETACHED OUTBUILDING IS LOCATED AT THE REAR OF THE LOT AND IS PLANNED TO BE DEMOLISHED.
THERE ARE MINIMAL NATURAL, UM, FEATURES ON THE SITE, INCLUDING A LARGE TREE WHICH IS PLANNED TO BE REMOVED.
UM, AGAIN, THE PROPERTY IS ADJACENT TO SINGLE FAMILY HOMES TO THE NORTH AND THE SOUTH DUBLIN SPRINGS PARK TO THE EAST AND COMMERCIAL BUSINESSES TO THE WEST.
UM, SINCE WE HAVE GONE THROUGH A LOT OF THIS BACKGROUND WITH THE PREVIOUS CASE, I'LL TRY TO JUST KIND OF TOUCH ON SOME HIGHLIGHTS HERE.
UM, SO RIGHT IN 2021, THE CITY ACQUIRED THESE PROPERTIES, UM, TO FACILITATE IMPROVEMENTS.
UM, THE CITY HAD SEVERAL PROPOSALS INCLUDING THE ATCH DEVELOPMENT NORTH OF THIS, UM, THIS PROPERTY.
UM, THE CITY AUCTIONED THESE THREE RESIDENTIAL
[01:40:01]
PRO PARCELS.UM, SO THIS, THE OWNER OF THIS HOME AS WELL AS THE PREVIOUS CASE, ARE OWNED BY THE SAME PERSON.
UM, TONIGHT'S VARIANCE REQUESTS ARE CONCURRENT WITH THE TWO REQUESTS HEARD AT LAST NIGHT'S A RB MEETING.
UM, THAT WAS ALSO FOR A MINOR PROJECT, UM, REVIEW CASE FOR A REMODEL AND CONSTRUCTION OF AN ADDITION TO THE EXISTING RESIDENCE AND A DEMOLITION REQUEST FOR THE ACCESSORY STRUCTURE OUTBUILDING LAST NIGHT.
AT THAT MEETING, THE BOARD DID EXPRESS THEIR SUPPORT FOR THE REQUESTED VARIANCES.
UM, THEY ALSO APPROVED THE MAXIMUM ALLOWANCE THEY CAN GRANT FOR THE REAR YARD SETBACK AND THE MAXIMUM BUILDING FOOTPRINT.
UM, THE A RB APPROVED WAIVERS FOR THESE ITEMS, BUT THEN TABLED THE MINOR PROJECT REVIEW AND THE DEMOLITION APPLICATIONS TO THE JULY A RB MEETING TO RESOLVE DESIGN ISSUES.
AGAIN, JUST A FRIENDLY REMINDER.
THE A RB HAS THE AUTHORITY TO GRANT WAIVERS OF UP TO 20%, WHICH ARE DEVIATIONS TO ZONING REQUIREMENTS.
SHOULD THE VARIANCES NOT BE APPROVED FOR THIS PROPERTY.
THE APPLICANT IS REQUIRED TO REDESIGN THEIR PROJECT WITHIN THE LIMITS OF THE GRANTED WAIVERS AND PRESENT THE REVISED PROJECT TO A RB IN JULY.
AND JUST ANOTHER FRIENDLY REMINDER THAT THE PURVIEW OF THE BZA IS STRICTLY FOR THE TWO VARIANCE REQUESTS, UM, SINCE THEY RB DETERMINES THE CHARACTER AND THE APPROPRIATENESS OF BUILDINGS IN THE HISTORIC DISTRICT.
SO THE SITE IS ZONED HISTORIC RESIDENTIAL DISTRICT, AGAIN ADJACENT TO HISTORIC CORE AND HISTORIC PUBLIC.
THE THREE RESIDENTIAL PROPERTIES, UM, INCLUDING THIS SITE, WILL BE THE ONLY PROPERTIES ZONED HISTORIC RESIDENTIAL DISTRICT NORTH OF EAST BRIDGE STREET.
UM, WE NOTED THE SURROUNDING CONTEXT IS CHANGING, UM, AND ARE UNIQUE COMPARED TO OTHER, OTHER RESIDENTIAL PROPERTIES IN THE HISTORIC DISTRICT.
THE KATCH HEADQUARTERS PROJECT TO THE NORTH, AGAIN OUTLINED IN RED HERE, UM, IS GOING THROUGH THE PLANNING AND APPROVAL PROCESS, WHICH INCLUDES THAT REZONING TO THE HISTORIC CORE STAFF IS ALSO WORKING THROUGH APPLICATIONS TO THE WEST OF NORTH BLACKSMITH LANE, UM, TO REDEVELOP AND INFILL THOSE PROPERTIES.
UM, AND INCLUDES ADDITIONAL MIXED USE DEVELOPMENT, WHICH IS CLOSE TO BLACKSMITH LANE.
THESE ARE THE EXISTING CONDITIONS OF THE SINGLE FAMILY RESIDENTS FACING NORTH RIVERVIEW STREET AND NORTH BLACKSMITH, NORTH BLACKSMITH LANE, SORRY.
AND TONIGHT THIS IS A REQUEST FOR TWO VARIANCES TO ALLOW A MAXIMUM BUILDING FOOTPRINT OF 2007 54 SQUARE FEET, WHERE THE HISTORIC DISTRICT CODE PERMITS 2002 92 SQUARE FEET.
ADDITIONALLY, TO ALLOW A MINIMUM REAR YARD SETBACK OF 20 FEET, WHERE THE HISTORIC DISTRICT CODE PERMITS A 26.97 FOOT SETBACK.
AND AGAIN, JUST A REMINDER THAT, UM, TYPICALLY FOR RESIDENTIAL PROPERTIES THAT DO COME BEFORE YOU, THE FOOTPRINT IS GOVERNED BY THE MAXIMUM LOCK COVERAGE.
WHEREAS HERE, UM, THE MAXIMUM BUILDING FOOTPRINT, UM, REGULATES THE SIZE AND THE APPROPRIATENESS OF BUILDINGS IN ADDITIONS WITHIN THEIR HISTORIC CONTEXT.
SO HERE ON THE SITE PLAN, THE YELLOW LINE IS THE CODE REQUIRED SETBACK.
THE GREEN LINE IS THE A RB WAIVER.
THE RED LINE IS THE VARIANCE REQUEST FOR THE 20 FOOT REAR YARD SETBACK.
AND THE BLUE LINE IS THE HIGHWAY EASEMENT FOR, UM, PUBLIC IMPROVEMENTS.
ALL OF THE FINDINGS UNDER THE FIRST SECTION OF THE NON-USE VARIANCE REVIEW CRITERIA MUST BE MET.
THE FIRST RE FIRST CRITERIA IS MET.
AGAIN, THIS IS ONE OF THREE PARCELS SUBJECT TO THE HISTORIC RESIDENTIAL ZONING NORTH OF BRIDGE STREET.
THE PROPOSAL IS CONSISTENT WITH THE CHANGING CHARACTER OF THE AREA AND THE LARGER BUILDING FOOTPRINTS IN THE HISTORIC CORE.
THE HISTORIC NATURE AND THE LOCATION OF THE EXISTING HOME LIMITS THAT DEVELOPABLE AREA, UH, TO THE REAR OF THE HOUSE FOR ANY ADDITIONS AND SITE IMPROVEMENTS.
CRITERIA TWO IS ALSO MEANT THE APPLICANT DID NOT CREATE THESE, UM, EXISTING CONDITIONS ON SITE, INCLUDING THE OUTBUILDING WITHIN CLOSE PROXIMITY TO NORTH BLACKSMITH LANE.
THE NEW CONSTRUCTION RESULTS IN A GREATER REAR YARD SETBACK THAN THE EXISTING CONDITIONS.
SO THIS BRINGS THE SITE CLOSER TO COMPLIANCE WITH CODE.
THE A RB DETERMINES THE APPROPRIATE CHARACTER SCALE AND MASSING WITHIN THE HISTORIC DISTRICT, AND CONCLUDED THAT THE MAXIMUM BUILDING FOOTPRINT OF 2007 57 SQUARE
[01:45:01]
FEET IS ALSO APPROPRIATE FOR THIS SITE.OOPS, SORRY, I SKIPPED A SLIDE.
UM, AND THEN LASTLY, CRITERIA THREE IS THE, UM, THE LAST CRITERIA AND IS ALSO MEANT THE THREE SINGLE FAMILY RESIDENCES WITHIN THIS BLOCK, AS WE PREVIOUSLY DISCUSSED, ARE ISOLATED FROM THE REST OF THE HISTORIC RESIDENTIAL DISTRICT PROPERTIES.
THE PROPOSAL IS CONSISTENT WITH THE IMMEDIATE VICINITY, GIVEN THOSE CHANGES TO THE SURROUNDING CONTEXT AND THE HIGHER DENSITY THAT IS POPPING UP, AT LEAST TWO OF THE FINDINGS UNDER THE SECOND SET OF REVIEW CRITERIA MUST BE MET.
BASED ON THIS ANALYSIS WITH THE FIRST SET OF REVIEW CRITERIA, STAFF HAS FOUND THREE OF THE FOUR CRITERIA TO BE MET, AND THEREFORE THEY'RE MEETING THE, UM, REQUIREMENT FOR APPROVAL.
WITH THAT PLANNING RECOMMENDS APPROVAL OF THE TWO VARIANCE REQUESTS.
I'M HAPPY TO ANSWER ANY QUESTIONS.
WE HAVE ANY QUESTIONS FOR STAFF? QUICK QUESTION.
UM, IT'S CITED HERE IN THE, IN THE PLANNING REPORT THAT THEY'RE ASKING FOR 2,754 SQUARE FEET AND THEN IT WAS SAID EARLIER 2,757.
I JUST WANT TO CLARIFY WHICH ONE IT IS.
THE APPLICANT IS REQUESTING 2,754 SQUARE FEET.
THE 2007 57 NUMBER IS THE NUMBER THAT A RB SAID THAT THEY WOULD SUPPORT.
SO THERE, THE APPLICANT'S ACTUALLY PROPOSING A MAXIMUM BUILDING FOOTPRINT JUST UNDERNEATH THAT.
IS THERE ANYTHING THAT WE SHOULD KNOW THAT WE SHOULD BE AWARE OF COMPARED TO WHAT WE JUST HEARD? UM, NO, THEY ARE BOTH REALLY IDENTICAL IN THEIR REQUESTS.
THE, THE DIFFERENCES ARE JUST, IT'S A NUMBERS DIFFERENCE BETWEEN THE DIFFERENT PROPERTIES, DIFFERENT SQUARE FOOTAGES.
THIS LOT IS SLIGHTLY LARGER THAN THE 17 NORTH RIVERVIEW PROPERTY.
UM, BUT A RB MADE THE RECOMMENDATION THAT THE MAXIMUM BUILDING, UM, FOOTPRINT OF BOTH HOMES, UM, IS TO NOT TO BE THE SAME, BUT THEY BOTH CANNOT EXCEED 2007 57.
SO THEY SET THAT EVEN BAR FOR BOTH PROPERTIES EVEN THOUGH THIS IS A SLIGHTLY LARGER LOT.
DO WE HAVE ANY ADDITIONAL QUESTIONS? STAFF, CAN YOU COME UP TO THE PODIUM JUST TO MAKE SURE, JUST SO WE CAN HAVE THE RECORD CLEAR.
I HAVE NOTHING TO ADD TO THAT.
UM, I'M GONNA DO THIS JUST SINCE IT'S A SINGULAR CASE.
CAN YOU JUST AGAIN, UH, INTRODUCE YOURSELF AND YOUR ADDRESS FOR THE RECORD PLEASE, FOR THIS CASE? RICHARD TAYLOR.
RICHARD TAYLOR, ARCHITECTS 48 SOUTH HIGH STREET, DUBLIN.
AND THEN MR. TAYLOR, IS IT FAIR TO ASSUME THAT THE TESTIMONY THAT YOU GAVE, UH, PREVIOUSLY FOR CASE TWO FOUR DASH 0 6 1 V REGARDING ONE SEVEN NORTH RIVERVIEW STREET WOULD BE THE SAME AS WHAT YOU WOULD PROVIDE FOR CASE TWO FOUR DASH 0 6 2 V ON THE ADDRESS TWO SEVEN NORTH RIVERVIEW STREET? UH, THE SITUATION'S A VERY SIMILAR, IF THAT'S WHAT YOU MEAN.
I'M JUST, I JUST WANNA MAKE SURE THAT THERE'S SOME FORM OF A RECORD TO THE EXTENT SOMETHING COMES UP AT ANOTHER TIME WITHOUT HAVING TO REHASH THE 40 MINUTES OF DISCUSSION THAT WE PREVIOUSLY HAD.
THE ONLY THING THAT I WOULD ADD VERY MINOR IS THAT ON THE, AND, AND YOU SAID MATERIAL, I'M NOT SURE IF THIS IS WHAT YOU MEAN.
WE DO HAVE A HIGHWAY EASEMENT ON THREE SIDES OF 27.
SO WHERE ON 17? ALTHOUGH WE, WE AREN'T GOING ANY WIDER, WE COULD, WE CAN'T GO ANY WIDER ON 27.
SO WE HAD EXPLORED AN OPTION EARLY ON FOR DOING A SIDE LOADING GARAGE OFF OF WING HILL, BUT WE WERE TOLD WE COULDN'T DO THAT BECAUSE WE'VE GOTTA STAY 15 FEET OFF THE ROAD.
AND, YOU KNOW, IT'S A LONG STORY, BUT THE USABLE SPACE IS SMALLER ON THAT LOT.
ON 27, IT'S A LARGER LOT WITH ACTUALLY LESS USABLE SPACE BECAUSE OF THE, UM, THE ADDITIONAL STREET WITH THE EASEMENT.
ANYTHING ELSE? THAT'S ALL I GOT.
I WANNA MAKE SURE WE MIGHT HAVE SOME QUESTIONS.
TO CLARIFY, YOU, HAVE YOU ALREADY STARTED THE PROCESS OF MOVING THE, THE, THE FOUNDATION? NO.
AS SOON AS WE WE'RE GONNA NEED A BUILDING PERMIT.
AND THEN, UM, IF EVERYTHING GOES THE WAY THAT WE PLANNED, IF YOU GUYS WANNA
[01:50:01]
COME WATCH THEM MOVE THE HOUSES, IT'S THE COOLEST THING IN THE WORLD.UH, I IMAGINE THAT YOU ALL ARE GONNA DO THE SAME THING.
UH, I'M GONNA DO THE SAME THING THAT I DID LAST TIME BECAUSE I THINK THIS IS A, SHOULD BE AN A RB TYPE VARIANCE WAIVER TO MOVE IT FORWARD.
BUT THAT'S, THAT'S MY TAKE JUST FOR THE SQUARE FOOTAGE.
I'M, I'M SUPPORTIVE OF THE SETBACK.
NO PUBLIC COMMENT ON THIS ONE.
WE PROBABLY HAVE 30 PEOPLE PUBLIC, 30 PEOPLE HAVE, UH, DO WE HAVE ANY SEVERAL COMMENTS? NO, SEVERAL COMMENTS.
ARE WE GOOD? OTHERWISE, ARE YOU THE SAME? I'M SUPPORTIVE OF BOTH.
I WOULD JUST NOTE THAT I AGREE THAT THIS MAYBE SHOULD BE ITS OWN DISTRICT, THESE THREE HOMES IF IT'S GONNA STAY PATRICK? BOTH.
AND I, AND I JUST WANNA SAY, BECAUSE WE STRUGGLE WITH A ON THE OTHER ONE, I THINK THAT HAVING THE HIGHWAY EASEMENT ON THREE SIDES OF THIS PROPERTY MAKES IT UNIQUE FROM THE OTHER PROPERTY.
THAT WAS ONE OF THE THINGS THAT WAS SAID EARLIER THAT I THINK STOOD OUT TO ME.
AND I WANT TO JUST CLARIFY FOR THE RECORD THAT THE OTHER PROPERTY HAD IT ON TWO, THIS HAD IT ON THREE.
I THINK IT MAKES BOTH OF THEM UNIQUE.
SO IF THIS COMES UP AGAIN, I, I DO AGREE WITH, WITH JASON, I THINK THERE'S OTHER THINGS THAT COULD BE DONE, SHOULD BE DONE FOR THIS AREA.
UM, I THINK THERE'S THINGS THAT COULD BE DONE THAT, THAT COULD, WOULD ACCOMPLISH A LOT MORE AND STILL KEEP THE SAME REQUIREMENTS THAT THE CITY HAS.
HOWEVER, THAT'S NOT WHAT WE'RE SUPPOSED TO DECIDE.
AND SO BASED ON WHAT WE'RE SUPPOSED TO DECIDE, I AM, UM, IN FAVOR OF IT.
AND IF YOU HAVE NO OBJECTION, I'LL JUST GO RIGHT INTO IT.
I THINK YOU SHOULD, I THINK YOU SHOULD DO THAT.
REGARDING 24 0 6 2 B, I MOVE TO APPROVE THE NON-USE AREA OF VARIANCE TO ZONING CODES.
SECTION 1 53 0.173 A TO ALLOW A MAXIMUM BUILDING FOOTPRINT OF 2,754 SQUARE FEET.
ALSO MOVE TO APPROVE THE NON-USE AREA OF VARIANCE TO ZONING CODE SECTION 1 53 0.173 B TO ALLOW A REAR YARD SETBACK OF 20 FEET FROM THE PROPERTY LINE SECOND PLEASE.
[COMMUNICATIONS]
COMMUNICATIONS? JUST A FEW.UM, NEXT MEETING WILL BE IN JUNE.
UM, SO I WOULD EXPECT US TO HAVE THAT CASE.
UM, AND OTHER NEWS, THIS IS JASON'S LAST MEETING WITH US AFTER HIS LONG TENURE WITH THE BOARD.
I MEAN, WE WILL, WE'LL PROBABLY BE WORKING WITH YOU HERE SOON ON, ON OTHER PROJECTS, BUT, UM, WE'RE REALLY EXCITED THAT, THAT WE'VE HAD THE OPPORTUNITY TO WORK WITH YOU AND YOU'VE BEEN A GREAT CHAIR FOR US.
SO, UH, WE JUST WANNA SAY WE APPRECIATE YOUR WORK AND, UM, ALL THE DEDICATION YOU'VE, YOU'VE GIVEN TO THIS BOARD.
SO, UH, WE DO HAVE A BOARD AND COMMISSION RECOGNITION AND SWEARING IN ON MONDAY, WHICH IS FROM FIVE 30 TO SIX 30.
UH, WE WILL HAVE A NEW MEMBER JOINING US.
UM, SO IF YOU GET THE OPPORTUNITY TO COME AND YOU HAVE A SPARE MONDAY, UH, FOR THOSE THAT ARE NOT BEING SWORN IN TO, TO ANY OF THE BOARDS, UH, WE ENCOURAGE YOU TO JOIN AND MEET WITH SOME OF OUR CITY COUNCIL MEMBERS AND, UH, THE NEW MEMBER.
SO I THINK THAT'S ABOUT IT, UNLESS YOU ASKED HIM.
DO YOU HAVE ANYTHING ELSE? OKAY.
I REALLY CAN'T THANK THE CITY ENOUGH FOR THE OPPORTUNITY.
I CAN'T BELIEVE IT'S BEEN, GOSH, OVER SIX YEARS, UH, SINCE I'VE BEEN ON THIS BOARD.
SO IT'S BEEN A GOOD TIME AND I ENJOY GIVING BACK AND I LOOK FORWARD TO SERVING THE CITY IN, IN OTHER AREAS IN THE FUTURE.
WISH YOUR LAST GI IN MY HEAD THIS GAVEL LAST TIME.
AND UH, WE'LL SEE YOU NEXT MEETING.