SO REALLY IT IS NO, NORMALLY WE CAN GO BACK AND WATCH THE VIDEO, BUT. ALL RIGHT. READY. YEAH.
[Special Zoning Board of Adjustment on November 4, 2024.]
[00:00:06]
THAT IS GOOD EVENING. I'D LIKE TO CALL TO ORDER WHILE ZONING BOARD OF ADJUSTMENTS. REGULAR MEETING. IT IS 601. THIS IS A SPECIAL MEETING SCENE BECAUSE WE DID NOT HAVE A QUORUM AT OUR REGULAR SCHEDULED MEETING LAST TIME. SO IF YOU ARE HERE TO PRESENT A CASE, WE DEEPLY APOLOGIZE TO YOU FOR THAT. AND WE ARE HAPPY TO LOOK AT EVERYTHING THIS EVENING. IS THERE ANYBODY PRESENT THAT WOULD LIKE TO MAKE ANY COMMENTS TO THE BOARD ON NON-AGENDA ITEMS? I MEAN, SEEING THAT THERE IS NONE WE WILL GO AHEAD AND MOVE TO OUR CONSENT AGENDA. OUR CONSENT AGENDA. WE NEED TO APPROVE THE MINUTES FROM OUR LAST MEETING. THAT IS FROM JULY 15TH, 2024.AND SO IF YOU HAVE AN UP, IS THAT NO. I'M SORRY. I'M LOOKING AT THE WRONG MINUTES. FORGIVE ME. SEPTEMBER 16TH. YES, I KNEW THAT I WAS GOING TO SAY THAT THAT SEEMS LIKE A LONG TIME AGO.
FORGIVE ME FOR THAT. SEPTEMBER 16TH. AND SO PLEASE TAKE A LOOK AT THOSE MINUTES, AND I WILL ENTERTAIN A MOTION IN A SECOND. MR. CHAIRMAN, BOARD MEMBER. BAPTIST. I'LL MAKE A MOTION TO APPROVE THE SEPTEMBER THE CAR SALE STEERING. YOU KNOW, WE CAN SELL YOU A CAR FOR THIS MUCH DOWN THIS MUCH A MONTH, BUT IN REALITY, THEY'LL GET YOU IN THEIR 2000 OR 3000. WE HAVE A MOTION. DO WE HAVE A SECOND? I'LL SECOND. BOARD MEMBER. LOVELACE. SECONDS. MOTION. SO YOU'RE, LIKE, VERY GOOD. IF YOU APPROVE THE MINUTES AS PRESENTE, PLEASE RAISE YOUR HAND. THAT PASSES UNANIMOUSLY. THANK YOU SO MUCH. WE WILL NOW MOVE ON TO OUR REGULAR AGENDA. AND THE FIRST ITEM THAT WE WILL LOOK AT TODAY IS WE WILL HOLD THE PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY COLLIN COUNTY COMMUNITY COLLEGE FOR A VARIANCE TO SECTION 7.3, ZONING ORDINANCE 2023 DASH 23 TO ALLOW FOR A TEMPORARY PARKING ON A FLEX BASED SURFACE FOR A PERIOD OF 24 MONTHS. THIS PROPERTY IS LOCATED AT 391 COUNTRY CLUB ROAD AND THE ZBA NUMBER IS 2024. DASH ZERO SIX KEVIN. YES. GOOD EVENING. SO COLLIN COLLEGE HAS REQUESTED A VARIANCE TO ALLOW FOR TEMPORARY PARKING FOR 24 MONTHS. THIS IS FOR 219 SPACES. AND TO GIVE YOU ALL SOME HISTORY, THE SITE ACTUALLY HAS A FLEX BASED SURFACE UNDERNEATH. SO THIS IS AN AERIAL IMAGE. AND I'M GOING BACK IN TIME TO FIND LET ME SEE I THINK I MIGHT SO THAT YOU CAN SEE THAT THIS WAS ACTUALLY THE STAGING AREA FOR THE SITE. AND ESSENTIALLY THEY JUST LET IT THE GRASS GROW ON TOP, TRYING TO THINK OF WHY WOULD I HAVE TO GO BACK A COUPLE OF YEARS. SO BUT THERE YOU GO. SO AS YOU CAN SEE ON THE NORTH SIDE, THIS IS WHERE THEY'RE WANTING THE PARKING. IT WAS ACTUALLY EVEN A PARKING LOT AT ONE POINT. AND THAT'S WHERE THEY'RE PLANNING ON HAVING THEIR OVERFLOW PARKING FOR STUDENTS.
THEY ARE REQUESTING IT FOR ONLY TWO YEARS SINCE THEY DO PLAN ON PROVIDING A PERMANENT SOLUTION WITH CONCRETE. AND SO THIS IS THE DRAWING THAT THEY'VE PRESENTED. AND THEY ARE PLANNING ON HAVING THIS MONITORED BY COLLIN COLLEGE POLICE DEPARTMENT. SO REALLY IT'S ONLY GOING TO BE USED FOR OVERFLOW PARKING ONCE. ONCE THE CONCRETE PARKING IS MAXED OUT. WE DID MAIL OUT 12 NOTICES AND WE DIDN'T RECEIVE ANYTHING IN OPPOSITION OR IN FAVOR OF THE CASE. AND WE DO HAVE THE APPLICANT HERE TO ANSWER ANY QUESTIONS. I'M GOOD AT MAKING DECISIONS. YEAH, FIRE AND ENGINEERING HAS LOOKED AT IT AND THEY'RE OKAY WITH IT. YEAH. THAT ONE ELECTRIC. HOW MANY SPOTS DO WE HAVE THAT STILL HAVE ELECTRIC. I THOUGHT WE USED TO.
HOW MANY USE THEIR MIC. OH OKAY. SO AWARE OF THIS. YEAH YEAH YEAH. OH OKAY. OH DISREGARD I SEE THE ANSWER. SO THE NOTICES WERE MAILED TO 12 PROPERTY OWNERS WITHIN THE 200FT. IS THAT WHAT YOU SAID? YES. OKAY. AND RECEIVED NO RESPONSE. CORRECT. THESE TWO DOUBLE ROWS, THEY MAD.
THE BOARD MEMBER. HAMZA, ARE THEY GOING TO POUR CONCRETE AND CONSTRUCT THE PARKING LOT AND DISCARD IT AFTER TWO YEARS? YES, THAT'S THE PLAN. THEY'RE CURRENTLY IN THE WORKS OF DESIGNING THE PARKING LOT FOR CONCRETE. I CAN HAVE THE APPLICANT TALK ABOUT THAT MORE.
AND THEN OVER HERE WHERE WE PUT THE NEW GUYS. YES, SIR. PLEASE STATE YOUR NAME. SURE. MY NAME
[00:05:06]
IS CHRISTOPHER. I'LL E Y L E I AM THE VICE PRESIDENT FOR FACILITIES AND CONSTRUCTION AT COLLIN COLLEGE. YEAH. THIS REQUEST HERE FOR THE VARIANCE IS DUE TO. WE'RE A VICTIM OF OUR OWN SUCCESS AND THE GROWTH OF WILEY. SO OUTSTANDING JOB TO WILEY, TEXAS AND THE SURROUNDING COMMUNITIES. WELL, WE NOTICED EARLIER THIS YEAR WAS BETWEEN 10 AND 2, TYPICALLY ON TUESDAYS AND THURSDAYS, WHICH IS OUR HEAVIEST CLASS LOAD TIME. OUR PARKING LOT WAS FULL AND STUDENTS WERE CIRCLING. SO IN A QUICK NEED TO FIX THAT, WE'VE BEEN ASKED TO COME UP WITH A SOLUTION. SO THIS IS THE SAFEST, MOST ECONOMICAL VERSION FOR US. BUT THEY WON'T SHOW UP THE TWO YEAR VARIANCE SIR, THAT YOU ASKED ABOUT IS SPECIFICALLY TO ALLOW US TO UTILIZE THE LOT AS IT IS NOW AND THEN. WE HAVE UNDER DESIGN, A PERMANENT PARKING LOT, AND WE'VE ALREADY CONTRACTED WITH RK ENGINEERS, OUR CIVIL ENGINEER FIRM, THE CONSULTANTS THAT WE USE WITH THE INTENT TO CONSTRUCT THAT AT SOME POINT. OBVIOUSLY, FUNDING DEPENDENT, WE ALL KNOW HOW THAT GOES. BUT THE INTENT WHERE WE ARE HAVING UNDER DESIGN IS ACTUALLY WHAT WE SEE HERE. AND FROM THIS PICTURE TO THE RIGHT, WHICH IS PART OF OUR MASTER PLAN, WHICH WOULD BE A MUCH LARGER PARKING LOT, MUCH IN THE STYLE THAT WE HAVE THERE TO THE SOUTH, WHICH WOULD BE FULL CONCRETE, WITH THE LIGHTING, WITH OUR SIGNAGE, WITH OUR WAYFINDING, ETC. SO IT WOULD MEET THE SAME, ESSENTIALLY THE SAME STANDARDS AS WE HAVE IN THE SOUTH. WHAT WE'RE LOOKING FOR IN THE TEMPORARY IS JUST THAT OVERFLOW. JUST IN THOSE RARE OCCASIONS WHEN WE NEED A COUPLE EXTRA SPACES, I THINK WE'VE USED THIS FOR NORMAL CLASSES RIGHT NOW. WE'VE HAD MAYBE 10 OR 12 CARS OVER THERE, NOWHERE NEAR WHAT WE'RE SEEING IN THE SPRING. WE'RE EXPECTING LESS. IT'S TYPICAL TO HAVE LESS ENROLLMENT IN THE SPRING SEMESTER, SO WE DON'T EXPECT THAT IT WOULD BE HEAVILY UTILIZED IN THE FOLLOWING FALL SEMESTER. WE WOULD EXPECT POTENTIALLY. WE ARE LOOKING AT OUR SCHEDULING TO TRY TO MINIMIZE THAT. I'D MUCH RATHER HAVE STUDENTS AND STAFF AND VISITORS PARKING ON PERMANENT PARKING, BUT AS PART OF OUR GROWTH PLAN, IT IS TO INCLUDE A NEW CONCRETE PARKING LOT ON THE NORTH SIDE. HE DID. HE SAID, I'LL COME BACK FOR THE QUESTIONS. YES. WHAT'S GOING TO HAPPEN TO IT AFTER TWO YEARS? I MEAN, SO THIS THIS SPOT RIGHT HERE THAT WE'RE TALKING ABOUT AFTER TWO YEARS, HOPEFULLY WE WOULD HAVE A NEW CONCRETE PARKING LOT THAT HAD GONE THROUGH THE TRADITIONAL PERMITTING PROCESS FOR CONSTRUCTION THROUGH THE CITY.THIS IS JUST OUR TEMPORARY ASK FOR NOW. SO THE REASON WE ASK FOR WHENEVER WE HAVE SOMETHING THAT DOESN'T MEET THE STANDARD, LIKE IN THIS PARTICULAR CASE, IS WE ALWAYS ASK FOR A TIME LIMIT SO THAT WAY THE APPLICANT UNDERSTANDS THAT THIS ISN'T, YOU KNOW, A PERMANENT SOLUTION. AND THEN THAT WAY, BUT ALSO IT GIVES THEM ENOUGH TIME TO INSTALL THEIR PERMANENT SOLUTION. IF FOR SOME REASON THEY DON'T MAKE IT, THEY WOULD HAVE TO COME BACK TO YOU ALL TO GET AN EXTENSION ON THE VARIANCE. OKAY, SO I WAS TELLING YOU JUST OBVIOUSLY THAT WE ARE PLANNING SO FAR. NO, WE CAN'T. WE'RE ALWAYS PLANNING FOR EXPANSION. IT'S ALWAYS FUNDING DEPENDENT. I THANK YOU SIR.
THANK YOU. APPRECIATE IT. I WILL OPEN UP A PUBLIC HEARING ON THIS MATTER. IS THERE ANYONE PRESENT THAT WOULD LIKE TO SPEAK ON THIS REQUEST? SEVEN WITHOUT ELECTRIC AND TWO SEEING THAT THERE IS NONE, I WILL CLOSE THE PUBLIC HEARING AND WE'LL MOVE TO BOARD DISCUSSION. IS THERE ANY DISCUSSION? THE BOARD WANTS TO HAVE ABOUT THIS ITEM? WELL, I'M THINKING ABOUT IT, IF YOU DON'T MIND. CAN I GET YOUR NUMBER? SURE. FOR ONE, IF THERE'S NO DISCUSSION, I'LL BE HAPPY TO ENTERTAIN A MOTION AT ANY TIME. YEAH, I WAS THINKING WE NEED TO HAVE A GROUP CHAT OR SOMETHING IN REGARD TO ZBA 2024. THAT'S ZERO SIX. I MAKE A MOTION TO APPROVE THE VARIANCE OF SECTION 7.3 OF THE ZONING ORDINANCE 2023 DASH 23 TO ALLOW FOR TEMPORARY PARKING IN THE FLEX BAY SURFACE TO 24 MONTHS. IS THAT YOUR MESSAGE? NOT MINE. SO THANK YOU, SIR. DO I HAVE A SECOND? BOARD MEMBER. LOVELACE I'LL SECOND THE MOTION. SO, DO YOU WANT ANY OTHER DISCUSSION? QUESTIONS? ALL RIGHT, LET'S GO AHEAD AND VOTE. WE HAVE A MOTION AND WE HAVE A SECOND. IF YOU ARE IN FAVOR OF THIS VARIANCE AS PRESENTED, PLEASE RAISE YOUR HAND. THE FIRST ONE THAT PASSES UNANIMOUSLY. THANK YOU. SO MUCH. WE APPRECIATE THAT WE WILL MOVE ON TO OUR SECOND ITEM OF BUSINESS. WE WILL OH, HOLD THE PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY BRANT GUERIN FOR A VARIANCE TO SECTION 10.3 OF PLAN DEVELOPMENT 2020 1-08 TO ALLOW FOR AN UNENCLOSED ATTACHED PATIO COVER WITHIN THE REAR SETBACK. THE PROPERTY IS LOCATED AT 3304 GLENWOOD DRIVE, ZBA 2020 407. KEVIN. YES, OUR SECOND ITEM ON THE AGENDA IS A REQUEST FOR A VARIANCE FOR THE
[00:10:07]
PROPERTY LOCATED AT 3304 GLENWOOD DRIVE. THEY'RE ASKING FOR AN ATTACHED PATIO COVER TO ENCROACH WITHIN THE REAR SETBACKS AT 16FT IN LIEU OF 25FT. AND AS MENTIONED IN PREVIOUS VARIANCES, THE CITY'S ZONING ORDINANCE ALLOWS FOR TEN FEET. THIS IS A REQUIREMENT THAT'S FOUND WITHIN THE PLAN. DEVELOPMENT OF THE SUBDIVISION. THEY HAVE RECEIVED AN APPROVAL LETTER FROM THE STATES OF CREEKSIDE, HOA, AND WE DID MAIL 12 NOTICES AND RECEIVED TWO COMMON FORMS IN FAVOR OF THE REQUEST. AND WITH THAT, I'LL BE HAPPY TO ANSWER ANY QUESTIONS.I'M NOT TOO SURE IF THE APPLICANT IS HERE. YES, THEY ARE HERE FOR THIS ONE OR. SO ANY QUESTIONS FOR KEVIN ON THIS ITEM TO BROWN STREET? OKAY. THIS IS BLAINE. ASHLEY'S PRESERVES. YES.
YEAH, I'M RIGHT THERE WITH YOU. KEVIN. YOU MAY YOU MAY HAVE SAID IT ALREADY, AND I MAY BE JUST SKIPPING OVER IT IN THE IN THE READING HERE. IT'S JUST IT'S NOT WITHIN THE HOA SETBACK, BUT IT'S THE, IT'S CLEAR WITH THE CITY ORDINANCE, CORRECT? YEAH. THE ZONING ORDINANCE ALLOWS TEN FEET. SO IT'S MORE IT'S TIED TO THE PD. THE PLAN DEVELOPMENT DESIGN STANDARDS AND THAT'S WHY.
YEAH. ALL RIGHT. THANK YOU SIR. GENE. WHO? GENE. WHO. SO KEVIN, IN OTHER WORDS YOU'RE SAYING IF THIS PIECE OF PROPERTY WERE NOT PART OF A PD, BUT JUST REGULAR RESIDENTIAL ZONING, THIS WOULD NOT BE A NEED TO APPLY FOR A VARIANCE. IS THAT CORRECT? THAT'S CORRECT. YES. TO MOVE.
BUT SHE SAID SHE'D TAKE ELECTRIC IF WE. OKAY. THANK YOU. KEVIN, WOULD THE APPLICANT LIKE TO SPEAK GET LED LIT ON SITE AT THIS MEETING? HAVE ANY OF THOSE? YEAH. JUST PLEASE STATE YOUR NAME. YES. THIS IS Q CROCHET. OH, THERE'S A BUTTON. YEAH. SORRY. SORRY, GUYS. FIRST TIME DOING THIS. NO PROBLEM JASON I N AS IN NANCY E I'M HERE ON BEHALF OF THE GUARANTORS. AND THEY HAVE A PROJECT ORIGINALLY THEY. I DON'T KNOW THAT THAT LOOKS LIKE A WINE COURSE. I WAS GOING TO SAY WHAT HOW MANY, HOW MANY? NO ELECTRICS. DO WE HAVE THIS. THESE ARE MAKEUP BRUSHES.
WHATEVER. WE HAVE SEVEN. SO THERE WAS NO SETBACK. THIS IS CYPRESS, SO SUFFICE FOR US TO FIGURE OUT THAT THIS IS DIRTY BEES. SO THERE'S CURRENTLY NO ONE THERE RIGHT NOW. SO THERE'S AN ARTIST LIKE I DON'T KNOW IF GIVEN THE OPPORTUNITY, THERE'S NO. WOW, MAMA, THIS IS PRETTY COOL. I LIKE WOULD ALSO ADD THAT I SUPPORT THAT. YEAH I'LL GO AHEAD. YES. AND THEN ANYTIME IT'S ART I MEAN AN ACTUAL ORCHID. ANY QUESTIONS. YEAH. ALL RIGHT. THANK YOU SO MUCH. I WILL GO AHEAD AND OPEN A PUBLIC HEARING. IS THERE ANYBODY WHO WOULD LIKE TO SPEAK TO THIS REQUEST? THAT'S A SIGHT. SEEING THAT THERE IS NONE, I WILL CLOSE THE PUBLIC HEARING AND WE CAN MOVE ON TO BOARD DISCUSSION. THAT'S PRETTY COOL. I THINK IT I NOTES I THEY ARE GREETING CARDS.
ALL RIGHT. IF THERE'S NO BOARD DISCUSSION, I'LL BE HAPPY TO TAKE A MOTION ON THIS REQUEST.
YES. GO AHEAD MARK THAT. YES. BOARD MEMBER LOVELACE I'LL MOVE TO APPROVE THE VARIANCE AS REQUESTED. WE HAVE A MOTION. DO WE HAVE A SECOND BOARD MEMBER? HAMZA, I SECOND THE MOTION. HOME STORAGE. VERY GOOD. WE HAVE A MOTION AND A SECOND. IS THERE ANY FURTHER QUESTIONS OR DISCUSSION? ALL RIGHT. LET'S GO AHEAD AND VOTE. IF YOU ARE IN FAVOR OF THIS MOTION AND AS PRESENTED, PLEASE RAISE YOUR HAND. AND THAT MOTION CARRIES UNANIMOUSLY. THANK YOU SO MUCH.
WE WILL MOVE ON TO OUR THIRD ITEM THIS EVENING OR SOMETHING. LIKE WARMERS, WE WILL HOLD THE PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY WILEY SHOPS FOR A SLATE FOR A VARIANCE IN SECTION 7.3 ZONING ORDINANCE 2023 DASH 23. TO ALLOW FOR A TEMPORARY PARKING ON A TWO INCH ASPHALT PAVING WITH THREE INCH FLEX BASE COMPACTION FOR A PERIOD OF 24 MONTHS. THIS PROPERTY IS LOCATED AT 1820 NORTH STATE HIGHWAY 788. THE ZBA NUMBER IS 2024. DASH ZERO EIGHT KEVIN. YES. YES, SIR. OUR THIRD ITEM ON THE AGENDA IS A REQUEST FOR A VARIANCE FOR 1820 NORTH
[00:15:03]
STATE HIGHWAY 78. THIS IS ALSO FOR TEMPORARY PARKING OF TWO YEARS. AND SO TO GIVE Y'ALL SOME INFORMATION ON THIS SITE, IT'S ACTUALLY PART OF A PLANNED DEVELOPMENT THAT INCLUDES FOUR LOTS THAT ALLOW FOR SHARED PARKING AND CURRENTLY THERE'S TWO LOTS THAT HAVE BEEN DEVELOPED, BUT THERE'S TWO REMAINING LOTS THAT ARE UNDEVELOPED. SO THE PROPERTY OWNER IS ASKING FOR THE TEMPORARY PARKING. AND AS THEY WAIT FOR THE OTHER TWO LOTS TO BE DEVELOPED TO ALLOW FOR THE SHARED PARKING. SO THEY ARE PROVIDING TWO INCH ASPHALT PAVING WITH THREE INCH FLEX SPACE AND IT'S 40 PARKING SPOTS. AND THE FIRE DEPARTMENT AND ENGINEERING DEPARTMENT HAVE LOOKED AT IT AT THIS, AND THEY FIND THIS TO BE ACCEPTABLE. WE DID MAIL OUT FOUR NOTICES AND WE DIDN'T RECEIVE ANY IN OPPOSITION OR IN FAVOR OF THE REQUEST.YEAH. ANY QUESTIONS FOR KEVIN? YOU SAID THEY WERE PERSONAL. AND THERE'S A LETTER TOO THAT Y'ALL CAN READ REGARDING THIS DEVELOPMENT. OH. KEVIN, BOARD MEMBER JAKE, HELP ME UNDERSTAND SOMETHING. THE PROPERTY IS LOCATED AT 1820 NORTH STATE HIGHWAY 78, CORRECT? YES. AND YOU SAID THAT THERE ARE FOUR PROPERTIES AS PART OF THIS PD. YES. AND OF THE FOUR, IS IT ONE OF THE PROPERTY OWNERS? IS APPLYING FOR THE VARIANCE THAT BENEFITS ALL FOUR PROPERTIES.
AND IT'S SO THEY IT'S OWNED BY ALL OF THEM EXCEPT STARBUCKS PROBABLY BOUGHT THEIR LOT. YEAH.
BUT THE WHOLE PLANNED DEVELOPMENT HAS ITS OWN DESIGN STANDARDS THAT ALLOW FOR THE SHARED PARKING. OKAY. SO THE LOT IN THE BACK IS PLANNED TO HAVE A WAREHOUSE INDUSTRIAL USE. THAT'S WHAT IS APPROVED WITH THE PD. AND SO THAT'S WHERE A LOT OF THE SHARED PARKING WOULD COME FROM.
ONCE THAT'S DEVELOPED. AND THE PICTURE YOU'RE SHARING HERE, THE SITE PLAN, IT'S THE GRAYED OUT AREAS WHERE THE DESIRE, THE PARKING, THE SHARED PARKING. YEAH. WHERE MY CURSOR IS RIGHT NOW, THAT'S WHERE THE TEMPORARY PARKING IS. EVERYTHING ELSE IS ALREADY DEVELOPED. YES. RIGHT.
OKAY. THANK YOU. KIM. VERY GOOD. ANY OTHER QUESTIONS FOR KEVIN? YES. IS THE APPLICANT PRESENT? YES. YES. THREE FOR YES. WOULD YOU LIKE TO SAY A FEW WORDS, SIR? YES. IF SO, PLEASE COME FORWARD AND TO THE MICROPHONE. I THINK THEY'RE GIVING IT AWAY FOR FREE. YOU DON'T HAVE TO, BUT IF YOU WANT TO, YOU'LL NEED TO COME FORWARD. I DON'T REALLY HAVE MUCH TO SAY. I'M HERE RIGHT NOW.
WE DON'T HAVE A LOT OF FOOD VENDORS. OKAY. THAT'S FINE. YOU STATE YOUR NAME, SIR, PLEASE.
THE BUTTON. IT'S ON. IT'S ON? YEP. IT'S THE RED LIGHT. JOSEPH O'CALLAHAN. THAT'S OKAY. E L A R I N I'M THE HEAD OF CONSTRUCTION AND DEVELOPMENT FOR SLATE. YEAH. VERY GOOD. ANYBODY HAVE ANY QUESTIONS FOR JOSEPH? HE HAS STATED THAT HE WILL BE HAPPY TO ANSWER ANY QUESTIONS ANY OF US HAVE. ONE THANK YOU ALL RIGHT JOSEPH. THANK YOU SIR. I THINK WE'RE GOOD. APPRECIATE YOU SIR.
WE'RE GOING TO GO AHEAD AND OPEN A PUBLIC FORUM. IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK ON THIS REQUEST? YES. I THINK IT'S COOL SEEING THAT THERE IS NONE. I WILL CLOSE THE PUBLIC HEARING AND WE WILL MOVE TO BOARD DISCUSSION. ANY DISCUSSION ON THIS ITEM? WE'RE NOT WITH THE SCOPE OF THIS ITEM. JESUS. IF THERE'S NO DISCUSSION ON THIS ITEM, I WILL BE HAPPY TO ENTERTAIN A MOTION FOR THIS REQUEST I LIKE IT. OH, THAT'S FUNNY, BOARD MEMBER LOVELACE I MOVED TO APPROVE THE VARIANCE AS REQUESTED. VERY GOOD. WE HAVE A MOTION. DO WE HAVE A SECOND? SECONDED BY BOARD MEMBER HINKLE. THANK YOU. SIR, WE HAVE A MOTION AND A SECOND. DO WE HAVE ANY ADDITIONAL QUESTIONS OR DISCUSSION? SEEING THAT THERE IS NONE, WE WILL MOVE TO A VOTE. IF YOU VOTE TO APPROVE THIS MOTION AS PRESENTED, PLEASE RAISE YOUR HAND. THIS IS UP TO YOU. THAT PASSES UNANIMOUSLY. THANK YOU SO MUCH. WE WILL MOVE ON TO OUR NEXT AGENDA ITEM. I DON'T THINK THAT'S IT. OH, OKAY. THIS AGENDA ITEM IS TO HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY ISAAC SHANE FOR A VARIANCE TO SECTION F. EXCUSE M, SF C POINT ONE OF THE PLAN DEVELOPMENT 1999 DASH 39 TO ALLOW FOR AN ENCLOSED DETACHED PATIO COVER WITHIN THE REAR
[00:20:09]
SETBACK. THE PROPERTY IS LOCATED AT 3503 BARBARY DRIVE. THE ZBA NUMBER IS 2024. DASH ZERO NINE.KEVIN OKAY, SO OUR FOURTH ITEM ON THE AGENDA IS A SIMILAR REQUEST TO THE SECOND ONE WE HAD WHERE THEY'RE ASKING FOR ENCROACHMENT OF A PATIO COVER THAT'S UNENCLOSED. IT'S ALSO DUE TO THE PLANNED DEVELOPMENT HAVING A RESTRICTION OF A 25 FOOT SETBACK. REAR SETBACK.
THEY'RE ASKING FOR 14FT. SO AS MENTIONED EARLIER, IF THIS WAS FROM THE CITY ZONING ORDINANCE, IT WOULD IT WOULD BE ALLOWED BECAUSE TEN IS WHAT THE MINIMUM IS. SO THEY DID ALSO RECEIVE AN APPROVAL LETTER FROM THE HOA. MCCREARY ESTATES. AND WE MAILED 31 NOTICES AND WE RECEIVED ONE COMMENT FORM IN FAVOR AND WARNED THEM. THAT'S IT'S OVER THERE. OKAY. YES. ANY QUESTIONS FOR KEVIN AS A YES. YES. OH YES. THANK YOU. KEVIN, IS THE APPLICANT PRESENT? WOULD YOU LIKE TO ADDRESS WOULD YOU LIKE TO SPEAK? IF YOU DO, PLEASE COME FORWARD. YOU DON'T HAVE TO, BUT YOU CERTAINLY CAN IF YOU WANT. IT'S YOUR CHOICE. THIS GUY. YEAH. SECOND. OH, OKAY. YEAH.
JUST STATE YOUR NAME AND YOUR MICROPHONE IS ON, SO YOU'RE IN GOOD SHAPE. WE NEED MORE FOOD.
I'M SORRY. I'M RACHEL LYNN, I'M ISAAC SHANG'S WIFE. WHY ARE THEY NOT HERE? YEAH. SO IT'S JUST BASICALLY SO THAT WE CAN ALL PLAY OUTSIDE IN THE SUMMER. SO IT'S HOT. YEAH. YEAH. SO THAT'S PRETTY MUCH. AND I DIDN'T KNOW THAT IT'S OUR HOA. YEAH. WE CAN'T. SO THAT WAS INTERESTING.
THAT'S ALL OKAY. VERY GOOD. ANY QUESTIONS FOR THE APPLICANT. THANK YOU. LISTEN I HAVE A QUESTION. THANK YOU OKAY. THANK YOU. JUST ONE CLARIFICATION KEVIN. I JUST STAY CLOSE. OKAY.
I NOTICE IT SAID OUTDOOR KITCHEN. DID I SEE THAT CORRECTLY FOR YES THAT'S A YES.
WE'RE WANTING TO DO AN OUTDOOR KITCHEN. WE'RE JUST WAITING FOR THE COVER TO BE APPROVED SO THAT I DON'T HAVE TO COOK ANYMORE. AND SO I'M ASSUMING THAT YEAH, THE FIRE DEPARTMENT AND ALL THAT OUTDOOR KITCHENS ARE PERFECTLY FINE. IT'LL BE YEAH, IT'LL BE PERMIT. IT'LL BE PERMITTED. AND EXPECTED AND ALL THAT. BUT YES, AN OUTDOOR KITCHEN IS PERFECTLY ALLOWABLE. WOW. OKAY. ALL RIGHT.
THAT'S ALL. THANK YOU, THANK YOU. YES. THANK YOU RACHEL. ALL RIGHT, WE'LL GO AHEAD AND OPEN A PUBLIC HEARING. IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK ON THIS AGENDA ITEM? SEEING THAT THERE IS NONE, WE WILL CLOSE THE PUBLIC HEARING AND WE WILL MOVE TO BOARD DISCUSSION. IS THERE ANY DISCUSSION THAT IS NEEDED ON THIS REQUEST? I MEAN, JUST COUNCIL ANY WE HAVE ALREADY APPROVED AND IF THERE'S NO DISCUSSION, I'LL BE HAPPY TO APPROVE OR NOT APPROVE. EXCUSE ME. TAKE A MOTION. ON BOARD MEMBER. I'LL MAKE A MOTION TO APPROVE THE REQUESTED VARIANCES.
WAS PRESENTED TO THE BOARD. VERY GOOD. WE HAVE A MOTION. DO WE HAVE A SECOND VICE CHAIR, AISHA I SECOND, WE HAVE A MOTION AND A SECOND. ARE THERE ANY ADDITIONAL QUESTIONS OR ITEMS OF DISCUSSIO? LITERALLY SEEING THAT THERE IS NONE. I WILL ASK US TO GO AHEAD AND MOVE TO A VOTE. IF YOU APPROVE THIS MOTION AS PRESENTE, PLEASE RAISE YOUR HAND. I WOULD LIKE OH, NOW I'M GOING TO HAVE THIS MOTION CARRIES UNANIMOUSLY. THANK YOU SO MUCH. WE WILL MOVE ON TO OUR FIFTH AGENDA ITEM THIS EVENING. AND THAT IS TO HOLD THE PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY JOSEPH TIDWELL FOR A VARIANCE TO SECTION 4.2.16 OF PLAN DEVELOPMENT, 2005 DASH 24 TO ALLOW FOR AN ACCESSORY STRUCTURE WITHIN THE REAR SETBACK. THIS PROPERTY IS LOCATED AT 504 LANDING DRIVE. THE ZBA NUMBER IS 2024 DASH TEN. KEVIN OKAY. YEAH. SO OUR FIFTH ITEM ON THE AGENDA IS A REQUEST FOR A VARIANCE FOR THE REAR SETBACKS. SO THIS PROPERTY LOCATED AT 504 LANDING DRIVE IS PART OF A PLANNED DEVELOPMENT THAT HAS A REAR SETBACK RESTRICTION OF 10% OF THE LOT DEPTH. THAT MAKES IT BE 13FT. THE APPLICANT IS WANTING A TOUGH SHED THAT MEASURES 80FT■!S
[00:25:02]
TO BE WITHIN FIVE FEET. THAT'S FINE WITH THE ZONING ORDINANCE. ZONING ORDINANCE ACTUALLY ALLOWS THREE FEET, SO IT'S FINE. IF IT WAS CITY CODE. THE APPLICANT HAS ALSO RECEIVED APPROVAL FROM THE HOA FROM BRADDOCK PLACE ESTATES, AND WE MAILED 18 NOTICES AND RECEIVED FOUR IN FAVOR AND NONE IN OPPOSITION. IT LOOKS TO ME LIKE THOSE ARE CUT ART. ANY QUESTIONS FOR KEVIN? SO JUST FOR MY KNOWLEDGE, BETWEEN THIS SETBACK, THE BOTTOM RIGHT AND THE TEN FEET ONE THAT WE JUST DISCUSSED IN EARLIER CASES, SO EARLIER, IT'S TEN FEET. IF IT'S AN ATTACHED PATIO COVER, IF IT'S AN ACCESSORY STRUCTURE THAT'S DETACHED, IT'S THREE FEET. AND THAT THAT CITY CODE. DOES THAT MAKE SENSE. YEAH OKAY. GOOD QUESTION. ANYTHING ELSE. YEAH. THANK YOU KEVIN IS THE APPLICANT PRESENT? WOULD YOU LIKE TO ADDRESS THE BOARD OKAY. VERY GOOD. YEAH. I MEAN THEY LOOK LASER CUT. ASK A QUESTION. MR. I'M JUST CURIOUS. THE THIS IS BOARD MEMBER MICHAEL. IT SAID THAT THE HOA HAS GRANTED A CONDITIONAL APPROVAL LETTER. SO WHAT IS THAT CONDITION UPON? TYPICALLY, HOA IS ALWAYS WRITE IT THAT WAY BECAUSE THEY ALWAYS WANT TO MAKE SURE THAT THE APPLICANTS HAVE ACQUIRED THEIR PERMITS FROM THE CITY. THAT'S WHY IT'S CONDITIONAL. IT'S CONDITIONAL ON THEM GETTING THE CITY PERMITS. SO IN THIS CASE THEY WOULD NEED A VARIANCE. AND THEN THEY'RE GOING TO NEED ADDITIONAL PERMITS. SO OKAY THANK YOU. THAT'S ALL. WELL ANYTHING ELSE FOR KEVIN. ALL RIGHT I'M GOING TO GO AHEAD AND OPEN THE PUBLIC HEARING FOR THIS AGENDA ITEM. IS THERE ANYONE HERE THAT WOULD LIKE TO COMMENT ON THIS AGENDA ITEM. YOU'RE GOOD WITH THIS ONE. SEEING THAT THERE IS NONE I WILL CLOSE THE PUBLIC HEARING AND WE WILL CAN MOVE ON TO BOARD DISCUSSION. IS THERE ANY DISCUSSION ON THIS REQUEST? I JUST REALIZE THAT WE NEED TO GET RID OF A OH YEAH. IF THERE'S NO DISCUSSION, I'LL BE HAPPY TO ENTERTAIN A MOTION. BOARD MEMBER HAMZA FARAZ I MOTION TO APPROVE THE REQUEST. ZBA 222024 DASH TEN FOR JOSEPH TIDWELL. OKAY, GUYS, WE HAVE A MOTION. DO WE HAVE A SECOND? OKAY, I DON'T MIND, BUT I THINK WE HAVE ENOUGH VICE CHAIR ASIA HUDSON, I SECOND, WE HAVE A MOTION AND A SECOND. ARE THERE ANY ADDITIONAL QUESTIONS OR DISCUSSION. YEAH. YES. SEEING THAT THERE IS NONE WE WILL GO AHEAD AND MOVE TO A VOTE. IF YOU MOVE TO APPROVE THIS ITEM AS PRESENTED, PLEASE RAISE YOUR HAND. THAT'S AN ALTERNATE. THEN THAT ITEM PASSES UNANIMOUSLY. THANK YOU SO MUCH. WE WILL MOVE ON TO OUR LAST AGENDA ITEM OF THIS EVENING. AND THAT IS TO HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY SUSAN CHRISTENSEN FOR A VARIANCE TO SECTION 1.2 OF PLANNED DEVELOPMENT, 2018 DASH TEN. TO ALLOW FOR AN UNENCLOSED PERGOLA WITH A REAR WITH THE REAR AND SIDE APPROXIMATELY TO A MAIN STRUCTURE. SETBACKS. THE PROPERTY IS LOCATED AT 1024 MANCHESTER DRIVE, ZBA NUMBER 2024 DASH 11 KEVIN. WITH THIS OKAY, THE LAST ITEM ON THE AGENDA IS A REQUEST FOR A VARIANCE TO ALLOW FOR A PERGOLA AT 1024 MANCHESTER DRIVE. SO THIS PLAN DEVELOPMENT ACTUALLY STATES THAT ACCESSORY STRUCTURES AREN'T ALLOWED. SO THAT'S ONE OF THE REASONS THEY'RE NEEDING THIS VARIANCE. AND THEY'RE ALSO NEEDING THE VARIANCE BECAUSE SINCE ACCESSORY STRUCTURES AREN'T ALLOWED IT'S THE SETBACK OF THE MAIN STRUCTURE, WHICH IN THIS CASE IS I DO TO 15FT. SO THEY'RE ASKING TO BE CLOSER TO THAT. THEY'RE WANTING SIX FEET INSTEAD OF 15FT FROM THE REAR.THEY'RE ALSO ASKING TO BE ONE FEET AWAY FROM THE MAIN STRUCTURE. AND THEN A FOUR FOOT SIDE SETBACK INSTEAD OF FIVE FEET. AND THE PERGOLA IS UNENCLOSED ON ALL SIDES. I BELIEVE THE APPLICANT HAS ALSO ALREADY PURCHASED IT. YEAH. AND THEY DO. THEY HAVE RECEIVED APPROVAL FROM THE HOA FOR BIRMINGHAM BLUFFS. WE MAILED 30 NOTICES AND RECEIVED THREE IN FAVOR AND NONE IN OPPOSITION. THIS IS AN EXAMPLE OF WHAT IT WOULD LOOK LIKE. OKAY, DIRTY BEES SHOULD HAVE APPLIED EARLIER. THANK YOU. KEVIN. ANY QUESTIONS FOR KEVIN? CAN WE THROW HER OUT? BOARD MEMBER KEVIN. LET ME. THERE'S A PICTURE IN HERE IN OUR PACKET ON PAGE
[00:30:02]
48. IS THAT SIMPLY A DEPICTION OF WHAT IT WOULD LOOK LIKE ONCE CONSTRUCTED OR. THAT'S WHAT IT IS REALLY WHAT WE WANT. NO, THAT'S NOT WHAT IT IS. THAT'S CORRECT. I LIKE HER BETTER THAN NANA'S, BUT WE'VE ALREADY. YEAH. THE APPLICANT SAYS THAT'S WHAT IT WOULD LOOK LIKE. OKAY. DID YOU GET THAT FROM THE PURCHASE OF IT? YES. NO. OKAY. YEAH. FROM THE WEBSITE. UNLESS, UNLESS THEY WANT. AND THEN SO LET ME I'M TRYING TO UNDERSTAND AGAIN BOARD MEMBER SEQUENTIALLY GIVEN THE CONDITIONAL APPROVAL BY THE HOA AND IN THE HOA LETTER LIST, THREE CONDITIONS, ONE OF WHICH OBVIOUSLY IS GETTING A PERMIT FROM THE CITY, BUT IN TERMS OF MATERIAL COLORS AND MATCHING THE EXISTING EXTERIOR, AND THAT THE PERGOLA HAS TO BE MADE, HOW IS THAT? I WOULD LOVE TO SAY. IS THAT A RESPONSIBILITY OF THE HOA, ASSUMING THAT WE APPROVE AND THE APPLICANT MOVES FORWARD WITH THE CONSTRUCTION, THAT'S THE HOA RESPONSIBILITY OR WHO'S WELL, IT'S THE APPLICANT'S RESPONSIBILITY TO BE IN COMPLIANCE WITH THE HOA REQUEST. BUT WHEN IT COMES TO LIKE ARCHITECTURAL STANDARDS, THE CITY DOESN'T GET INVOLVED. SINCE THAT'S PART OF THE HOA DOCUMENTATION. WHAT ARE THESE HERE? THEY'RE SUGARS, OKAY. THEY'RE JUST LIKE SHE'S MORE FOCUSING ON THE. OH, CAN I HAVE A QUESTION FOR YOU? IT'S VERY STRANGE BECAUSE I WOULD HAVE THOUGHT THAT SHE WAS A THAT'S SOMETHING THAT YOU WOULD NEED TO HAVE ON THE VARIANCES LOOK LIKE IF YOU CAN KINDLY EXPLAIN SO BASICALLY AND WE DON'T HAVE WE HAVE WE HAVE VIOLATIONS IN THREE DIRECTIONS FOR THIS PARTICULAR PIRATES AND ONE IS YEAH. RIGHT NEXT TO THE MAIN STRUCTURE. IT'S GOING TO BE LIKE ONE FOOT CLOSE TO THE MAIN HOUSE. AND THEN MY UNDERSTANDING IS GOING TO BE 11IN CLOSE TO THE RIGHT SIDE AND SIX FEET AND THREE INCHES CLOSE TO THE REAR FENCE. YES. THAT'S CORRECT. AND THE REQUIREMENTS ARE 15 FOR THE BACK AND PROBABLY TEN FOR THE SIDE. IT'S A FIVE FOR THE SIDES. I BELIEVE, OR SIX. IT'S SIX OR LET'S SEE. SO ACCORDING TO CITY CODE WHAT'S THE REAR SIDE. IT'S THREE FOR AN ACCESSORY STRUCTURE. IT'S THREE FROM THE REAR AND FROM THE SIDE.YEAH. SO IT LOOKS LIKE THEY'RE FINE FROM FROM TWO SIDES. AND THEN HOW ABOUT THE ONE ONE FOOT CLEARANCE FROM THE MAIN CITY GUIDELINES ON THAT ONE. THAT IS FIVE FEET ZERO OKAY. OH THAT'S ZERO OKAY. YEAH. IT. WELL THE ZONING ORDINANCE RIGHT NOW READS FIVE. BUT THE FIRE CODE DOES ALLOW ZERO. SO THAT'S JUST TO HELP YOU I MEAN SO THAT'S WHY THEY HAVE TO ASK FOR THE VARIANCE. BECAUSE AND WE HOPE THAT PRESENT THAT AT A LATER TIME. YOU KNOW, FOR A POSSIBLE AMENDMENT. BUT AS OF RIGHT NOW ARE THE CITY CODE DOES SAY ITS STRUCTURE IS SUPPOSED TO BE FIVE FEET AWAY, BUT FIRE THE FIRE CODE AND THE BUILDING CODE TECHNICALLY DO ALLOW IT TO BE ZERO. I MEAN, IT MAY BE A. KEVIN, LET ME ASK YOU A QUESTIO. THIS PARTICULAR PROPERTY IS PART OF A PD ALSO, RIGHT? YES. OKAY. AND I THINK YOU READ IT TO US THAT THE SUMMARY OF THE PD DOES NOT ALLOW FOR ACCESSORY STRUCTURE, THAT I READ THAT SOMEWHERE. YES. THAT'S WITHIN THE DESIGN STANDARDS. OKAY. THAT'S THAT'S LIKE THAT'S HERE IT IS. THE PD HAS A PROVISION WHICH STATES NO ACCESSORY STRUCTURES ARE ALLOWED. I MEAN I LOVE THE IDEA. YEAH I. I JUST DON'T UNDERSTAND HOW THEY'RE GOING TO DO IT WITHOUT ELECTRIC. MAYBE THEY MEANT SO IN ADDITION TO THE IN ADDITION TO THE ISSUES OF THE SETBACK REQUIREMENTS NOT BEING MET, HENCE THE NEED FOR THE VARIANCE, IS THERE ALSO A REQUEST FOR VARIANCE TO ALLOW FOR THE ACCESSORY STRUCTURE IS SO THERE'S SO ARE WE LOOKING AT THAT OKAY. TWO SEPARATE THINGS HERE. IT'S WELL BY ALLOWING THE ACCESSORY STRUCTURE WITHIN THE SETBACKS YOU'RE ALLOWING FOR THE ACCESSORY STRUCTURE. BUT YOU KNOW THIS IS A HEAT TRANSFER MACHINE. SO THEY WOULD LOCK IT DOWN. BUT DON'T THEY HAVE TO HAVE ELECTRIC. YEAH YEAH THAT'S WHAT WE'RE CONFUSED. THAT'S WHAT THAT'S WHERE KEVIN DO WE KNOW IF THERE'S ANY OTHER PRECEDENT SET WITHIN THIS NEIGHBORHOOD WITH OTHER ACCESSORY STRUCTURES. SAY NO. I CAN PULL UP THE AERIAL IMAGE MAP, BUT AS FROM WHAT I KNOW, I HAVE, I HAVEN'T SEEN ANY OTHER VARIANCES OF THIS MATTER. PICTURES WOULD INDICATE WE ONE OF THE VARIANCES WE HAVE GOING LATER THIS MONTH IS IN THIS NEIGHBORHOOD, BUT IT'S FOR AN ATTACHED PATIO COVER. SO EVEN THOUGH AS I UNDERSTAND IT KEVIN JUST CLARIFYING THE HOA, EVEN THOUGH IT'S AGAINST THE RULES, HAS GIVEN PERMISSION PER THE VARIANCE. CORRECT? CORRECT. ONE THING TO KEEP IN MIND IS THAT
[00:35:03]
WHEN YOU SAY AGAINST THE RULES, THE DEVELOPER IS THE ONE WHO ORIGINALLY SETS THOSE RULES.CORRECT? SO IF THE HOA DECIDES TO ALLOW IT AT A LATER DATE FOR WHATEVER REASON, THAT'S WHEN THEY HAVE TO. ALSO, YEAH, THAT'S THE HOA AND THE RESIDENTS WHO ACTUALLY BUY THE HOUSES. YEAH.
SO MY ASSUMPTION THEN IS, IS PROBABLY AN IGNORANT QUESTION, BUT THE HOA NOW IS IN CONTROL AND NOT THE THAT IS, THAT IS CORRECT. YES. PRETTY CRAZY UNLESS THERE ARE ANY OTHER QUESTIONS FOR KEVIN. YEAH. SO KEVIN AGAIN, BOARD MEMBER MICHAEL HOWARD. YEAH. WELL WE'RE TALKING ABOUT A PD. SO IT'S NOT THAT THE HOA IS NECESSARILY ALLOW OR DISALLOW. AND THIS IS AGREEMENT BETWEEN US THE CITY AND THE DEVELOPER EVIDENCING THE PD TO NOT HAVE ANY EXCESS RESTRICTIONS AT ALL. RIGHT? I MEAN, SINCE THE PD HAS SAID THAT IT'S NOT LIKE THE PD ALLOWS IT, BUT THEN YOU KNOW, THE HOA CAN GIVE YOU A VARIANCE IN TERMS OF HEIGHT OR SETBACK. THIS THIS AGREEMENT, THE PD SAID NO ACCESSORY STRUCTURE, RIGHT. AND TYPICALLY A DEVELOPER WOULD ADD A STATEMENT LIKE NO ACCESSORY STRUCTURES ALLOWED TO GET THEIR ZONING APPROVED. BECAUSE IF YOU LOOK THE LOT DOESN'T HAVE MUCH OF A REAR YARD, RIGHT? SO INITIALLY, IF THEY WANT TO GET THE PROJECT PAST THAT, THAT'S THE STEP THAT THEY WOULD HAVE TO TAKE. ONCE THE HOA TAKES OVER, IT'S UP TO THEM TO DECIDE IF THEY WANT ACCESSORY STRUCTURES OR NOT. AND BUT THEY HAVE TO GO THROUGH THE VARIANCE PROCESS TO GET THAT APPROVED BECAUSE WE CAN'T WE AS THE CITY CAN'T DO SOMETHING THAT THE PD DOESN'T ALLOW. AND THAT'S CORRECT. I NOTICED THAT YOU DID. I'M ASSUMING THERE ARE NO THERE ARE NO EASEMENTS OR ANYTHING IN THOSE IN THOSE AREAS. RIGHT. THE SETBACK AREAS THERE. NO, IT'S ONLY THE 15 FOOT REAR SETBACK. BUT THAT'S FOR THE PRIMARY STRUCTURE. OKAY. RIGHT OKAY. THANK YOU. OKAY. THANK YOU KEVIN, IS THE APPLICANT PRESENT? WOULD YOU LIKE TO ADDRESS THE BOARD? IF YOU DO, PLEASE COME FORWARD AND STATE YOUR NAME.
OKAY? OKAY. WE DON'T HAVE SUSAN CHRISTIANSEN AND I HAVE PICTURES OF FOUR OTHERS IN THE NEIGHBORHOOD. OKAY. THAT'S THAT'S SUPER HELPFUL. SO THERE'S OTHERS IN THE NEIGHBORHOOD AS WELL? YEAH. WE DON'T HAVE WE DON'T VERY GOOD THAT ARE ALREADY BUILT. WE DON'T HAVE ANY ANY QUESTIONS FOR THE APPLICANT. THANK YOU. THANK YOU SUSAN. APPRECIATE YOU SO MUCH. THANK YOU. WE'RE GOING TO GO AHEAD AND OPEN A PUBLIC HEARING FOR ANYBODY WHO WOULD LIKE TO MAKE ANY COMMENTS BASED UPON THIS. WE DO HAVE ONE COMMENT FORM ALREADY SUBMITTED. CHERYL HARMON IS CHERYL HARMON COME FORWARD PLEASE. OKAY, CHERYL, I JUST INTRODUCED YOU, BUT WHEN YOU COME TO THE MIC, PLEASE STATE YOUR NAME AND THEN GIVE ANY COMMENTS THAT YOU HAVE. MY NAME IS CHERYL HARMON. I'M HERE WITH MY HUSBAND, JOHN HARMON, AND I'M A RESIDENT OF BIRMINGHAM BLUFFS IN GENERAL. WE DON'T OPPOSE THE PERGOLA AT ALL, BUT WE DO HAVE SOME CONCERNS. FROM THE PICTURES. IT DOESN'T APPEAR THAT THAT PERGOLA HAS ANY TYPE OF GUTTER SYSTEM AND SOME OF YOU MAY KNOW, BIRMINGHAM BLUFFS HAS HAD A GREAT NUMBER OF DRAINAGE PROBLEMS. YOU KNOW, WATER MITIGATION PROBLEMS, WATER THAT ORIGINALLY WAS SUPPOSED TO RUN FROM BACK OF PROPERTY TO FRONT OF PROPERTY TO GO ALONG THE CURB AND THEN ENTER A WATER INLET THAT DOESN'T ALWAYS HAPPEN. AND THAT'S PARTICULARLY SIGNIFICANT. IN FRONT OF MY HOUSE, THERE'S WATER CONSTANTLY, YOU KNOW, EVEN EVEN WHEN IT'S 100 DEGREES OUTSIDE, THERE IS WATER THAT FLOWS IN FRONT OF MY PROPERTY.
SO I'M CONCERNED THAT THERE ARE NO GUTTERS. I DON'T KNOW OF ANY PLAN NECESSARILY TO TRY TO DRIVE THE WATER TOWARD THE FRONT OF THE PROPERTY, WHICH IS MANCHESTER, AS OPPOSED TO SINCE IT'S SO CLOSE TO THE BACK OF THE PROPERTY. IF IT'S GRANTED A VARIANCE, IT WOULD RUN OVER THE STONE WALL AND THEN ENCROACH UPON OTHERS PROPERTIES. SO I AM CONCERNED ABOUT THAT. I DIDN'T SEE ANY NOTATION THAT THERE WAS GOING TO BE A CONCRETE PAD THERE IS A CONCRETE PAD LIKE I HAVE.
OKAY. AND WHETHER THE STRUCTURE IS ACTUALLY GOING TO BE ANCHORED TO THAT CONCRETE PAD AND NOT THAT I'M OPPOSING THE CONCRETE PAD BY ANY MEANS, BUT THAT'S JUST THAT MUCH LESS GROUND SPACE FOR RAINWATER TO BE ABSORBED. SO THAT WATER IS GOING TO HAVE TO GO SOMEWHERE. AND I AM WITHIN, YOU KNOW, PROXIMITY TO THE PROPERTY. AND LIKE I SAID, WE HAVE BEEN WITH THE ENGINEERING COMPANY FOR THREE YEARS, WORKING WITH THEM AT VARIOUS POINTS AND NOT NECESSARILY YOUR PROPERTY.
[00:40:01]
MAKE SURE THAT WE HAVE THEM ALL. SO. SO WILL YOU BE TYING CAN I OH, CAN I ASK IF SHE'S GOING TO ADDRESS. SHE NEEDS TO COME TO THE MICROPHONE. BUT OKAY. SO I JUST BASICALLY WANTED QUESTIONS AND WE CAN ASK QUESTIONS OF HER. SO WHAT I'D LIKE TO KNOW IS SINCE SHE STATED THAT SHE DOES HAVE A FRENCH DRAIN, I'D LIKE TO KNOW, NUMBER ONE, IF THERE'S GOING TO BE GUTTERS. AND NUMBER TWO, IS SHE GOING TO TIE LIKE DOWNSPOUTS INTO A FRENCH DRAIN SO THAT THAT WATER IS MITIGATED TO MANCHESTER SO THAT IT CAN RUN PROPERLY, YOU KNOW, INTO THE WATER INLETS THERE, AS OPPOSED TO RUNNING BACKWARDS OR JUST COMING OFF OF THE, THE ROOF ONTO PROPERTIES THAT ARE BEHIND HER HOME. THEY DIDN'T DO ANYTHING. AND WHICH ULTIMATELY YOU'RE GOING TO END UP ON MY PROPERTY AS WELL. SO THAT THAT'S THAT'S MY CONCERN. AND THEN I GUESS ULTIMATELY, IF IT'S NOT ADDRESSED IN A PROPER MANNER AND WE DO END UP WITH WATER ENCROACHMENT, WHO DO WE GO TO? I MEAN, I WOULDN'T WANT TO SUE MY NEIGHBOR HERE. DO I COME BACK TO THE ZONING? DO I GO TO THE CITY ENGINEERING LIKE I'D LIKE FOR THOSE THINGS TO BE ADDRESSED AHEAD OF TIME, BECAUSE I'D LIKE FOR YOU NOT TO HAVE TO SEE ME AGAIN. YEAH, AND I'D LIKE TO STAY FRIENDLY WITH A NEIGHBOR.YOU KNOW? BUT, I MEAN, ULTIMATELY, WE DON'T OPPOSE IT, BUT WE ARE VERY CONCERNED BECAUSE BIRMINGHAM BLUFFS, I WILL SAY, DIDN'T HAVE THE BEST DEVELOPMENT PLANS FOR WATER MITIGATION. AND EVEN IF YOU PULL UP A SCHEMATIC, YOU WILL SEE EVEN IN THE DEAD OF SUMMER, WATER RUNS THROUGH MY PROPERTY AND THROUGH THE FRONT OF MY PROPERTY. AND IT IS AN EYESORE, SO I APPRECIATE ADDRESSING THOSE CONCERNS. THANK YOU CHERYL, APPRECIATE YOUR TIME. THANK YOU SUSAN. YOU ARE INVITED TO COME BACK AS THE APPLICANT AND HAVE A REBUTTAL. IF YOU WOULD LIKE TO ANSWER ANY OF THE QUESTIONS THAT WERE POSED BY THIS PUBLIC FORUM. ARE WE SAYING NO TO THAT? GO AHEAD. OH, DO YOU HAVE ANYTHING YOU WANT TO SAY IN RESPONSE? WELL, I DIDN'T THINK ABOUT DRAINS, YOU KNOW, ON IT. BUT I MEAN, THAT'S SOMETHING I COULD DO, OF COURSE. BUT THE NEIGHBORHOOD DID PUT IN OR. NO, I THINK IT'S THE FOR SURE. THE HOUSE NEXT DOOR, WE BOTH GOT FRENCH DRAINS BECAUSE IT WAS GOING OVER THE WALLS OF THE HOUSE BEHIND US. AND ALSO THEY KIND OF DUG OUT A LITTLE BIT OF A TRENCH ACROSS THE WHOLE BACK PART OF THE YARD. OKAY. VERY GOOD. THANK YOU. CAN I ASK A QUESTION? YES. SOME MORE QUESTIONS? SURE. JUST TO BE CLEAR, THE CONCRETE PAD IS NOT GOING TO COVER THE FRENCH DRAIN INLETS. NO. OR ANYTHING LIKE THAT? NO, THE FRENCH DRAIN IS IF YOU'RE BEHIND ME ON THE LEFT. ALL RIGHT, LET'S ADDRESS THE BOARD. OKAY. SORRY. I'M SORRY. THE FRENCH DRAIN IS ON THAT SIDE OF THE PROPERTY. SO I KNOW YOU ALL ARE SUPER FRIENDLY AND ALL THAT, BUT WHY DO WE KEEP ASKING FOR EVERYBODY TO LOOK IS WE WANT TO MAKE SURE THAT EVERYBODY'S ADDRESSING JUST THE BOARD. REGARDLESS. WAIT UNTIL HE CALLS YOU UP, PLEASE. OH, SORRY. NO, NO. NO NO NO NO NO NO NO NO. SO IF WE ARE DISCUSSING THIS IN THIS CASE AND IF THE PERGOLA AT ITSELF DOES NOT CHANGE THE NATURAL FLOW OF WATER, THEN IS IT UP TO US TO THINK ABOUT? COCO DIDN'T NEED ALL THE TROUBLE THAT MIGHT HAVE BEEN THERE. WELL, HOW DOES COCO GOING TO BE HARD? WELL, YEAH, THAT WELL, SO THIS MEANS YES AND NO. IN A WAY. I MEAN, THAT THAT CAN BE A CONSIDERATION TO WHETHER TO APPROVE IT OR NOT. THAT BEING SAID, OR ARE THEY GOING TO REFILL IT? IT IS AN ALTERNATE OR A NO. WITH THE FRENCH DRAINS HAVING BEEN PUT IN, I FEEL LIKE THE SOLUTION TO DRAIN THE WATER OFF OF THIS. THE APPLICANT'S YARD TO THE FRONT OF TO MANCHESTER, HOW IT WAS SUPPOSED TO BE DESIGNED IN THE FIRST PLACE. I BASED ON THE SIZE OF THE HOUSE AND THE SIZE OF THE PERGOLA. I'M NOT AN ENGINEER, BUT I DON'T THINK THERE WOULD BE A MASSIVE AMOUNT OF WATER THAT WOULD BE ADDED AND IT WOULD RUN OFF TO THE I GUESS TO THE RIGHT AS YOU'RE LOOKING AT THIS, AND THEN TO MANCHESTER, IS HOW I SEE IT SAYS THE BUILDING DEPARTMENT WILL LOOK AT THAT. BUT AT THE SAME TIME, I GUESS TO ANSWER YOUR QUESTION, I'M HAVING A HARD TIME SAYING YES OR NO. GOOD. IF YOU FEEL LIKE THAT WOULD BE SUCH A ISSUE THAT IT'S DETRIMENTAL BECAUSE THE YARD IS, YOU KNOW, A LITTLE BIT SMALLER, THEN YOU CAN ALWAYS ASK THE APPLICANT TO ADD, YOU KNOW, YOU DON'T HAVE TO ACCEPT IT AS IT IS. YOU CAN SAY, I WOULD LIKE TO SEE, YOU KNOW, GUTTERS PUT IN ON IT, BUT SO THEY'RE SELLING FOOD. THAT'S JUST SOMETHING FOR YOU ALL TO THINK ABOUT. SURE. YOU KNOW, WHETHER THAT'S THE RIGHT SOLUTION OR NOT. 6 OR 10, 9 TO 4. LET ME ASK THE APPLICANT BECAUSE IN THE LETTER FROM THE HOA, IT DOES SAY THAT THE PERGOLA MUST BE INSTALLED EXACT PRIOR TO SUBMISSION. BUT DO WE
[00:45:04]
KNOW KEVIN OR ANYONE WHAT THE SUBMISSION WAS? YOU KNOW YOU KNOW WE NEED TO THE HOA KNOWS BECAUSE I MEAN THERE ARE IT WOULD BE GOOD TO KNOW WHETHER OR NOT THE SUBMISSION DOES ADDRESS AND OR MITIGATE THE CONCERNS BY THE OTHER PROPERTY OWNER. THAT SUBMISSION WOULD COME TO US ONCE THE IF THE ITEM WAS APPROVED, THEN WHEN IT CAME TO THE BUILDING DEPARTMENT AS PERMITTED, THAT'S WHEN WE WOULD SEE THAT SUBMISSION. BUT AT THIS POINT IN OUR AREA, IT'S JUST WHETHER IT SHOULD BE ALLOWED OR NOT. YEAH. OKAY. SO I GUESS MY QUESTION IS THE LETTER FROM THE HOA SUGGESTS TO US THAT SOMETHING HAS BEEN SUBMITTED ALREADY TO THE HOA. THE SAME PICTURE THAT I HAVE. DO YOU WANT ME TO? DO YOU KNOW THAT? SURE. SO LET ME GO TO THAT AND LET ME TELL YOU WHAT I'M ASKING. KEVIN. DO YOU KNOW WHERE TO GO? THE OTHER HOMEOWNER TALKED ABOUT THE IMPORTANCE OF THE STRUCTURE BEING ANCHORED TO THE GROUND. RIGHT. AND SO THE PICTURE OR SOMETHING SUGGESTS THAT THAT THING WAS ANCHORED. AND I DON'T KNOW WHAT THE HOA LETTER IS REFERRING TO WHEN IT SAYS MUST BE I THINK IT'S WAY NORTH. IT'S APPROVED ON THESE CONDITIONS, ONE OF WHICH INSTALLED JUST AS THE WAY YOU SUBMITTED. AND I DON'T KNOW WHAT THE SUBMISSION WAS. SO THAT WOULD BE WHAT THE APPLICANT GAVE THE HOA INITIALLY, WHAT THEY WERE ABLE TO INITIALLY REVIEW. THAT'S THE SUBMISSION. BUT THAT HASN'T BEEN LOOKED AT BY THE CITY. SO THE CITY STILL NEEDS TO EVALUATE IF THAT MEETS CODE. THE BUILDING CODE. I THINK SHE HAS AN IMAGE OF WHAT SHE SENT THE HOA, IF THAT'S WHAT YOU WOULD WANT TO SEE. OKAY, I GOT MY MARCHING ORDERS. WAS THAT THE COLOR PICTURE WE WERE LOOKING AT? AND FOR WHAT IT'S WORTH, THE BUILDING CODE DOES REQUIRE WILL REQUIRE THIS TO BE ANCHORED TO THE GROUND. AND IT WILL REQUIRE CONCRETE, A CONCRETE PAD. NOW THE NEXT THING TO THE OTHER HOMEOWNER TALKED A GREAT CONCERN ABOUT THE DRAINAGE. AND THAT'S ONE OF THE OTHER CONDITIONS HERE IN THE HOA LETTER. THAT'S WHAT I WAS GOING WHEN I ASKED THE QUESTION EARLIER. ASSUMING THAT THE VARIANCE IS GRANTED AND THE APPLICANT GOES THROUGH THE CITY PERMITTING TO CONSTRUCT THE PERGOLA, GIVEN THAT THERE IS AN ISSUE, WE KNOW NOW ABOUT DRAINAGE, IS THAT A RESPONSIBILITY OF THE CITY AS PART OF THIS PD TO SAY, LOOK, WHEN THE PERGOLA IS INSTALLED, GIVEN THAT IT'S ONLY FOUR FEET AWAY FROM THE NEXT PROPERTY, YOU KNOW THERE NEEDS TO BE SOME SORT OF DRAINAGE. IS THERE GOING TO BE PART OF THE PERMITTING PROCESS? DO WE KNOW OR HOW DO WE KNOW IF THAT'S GOING TO BE ENFORCED OR NOT BY THE CITY? OKAY, BUT THEY'RE IN A TENT DRAINAGE. YEAH. OKAY. I NEED TO MAKE SURE I CITY MANAGER, I SAY THIS CORRECTLY. OH, HE'S PUBLIC INFORMATION OFFICER, THE CITY.AND HE REVIEWS PLANS IN SUCH A WAY TO TRY TO HELP PROPERTY OWNERS AND BUILDERS FOLLOW TEXAS STATE LAW AS FAR AS WATER MITIGATION GOES, AND TRANSFERRING WATER FROM ONE PROPERTY TO ANOTHER, YOU KNOW, FLOW RATES HAVE TO STAY THE SAME. THE AMOUNT HAS TO STAY THE SAME. YOU CAN EITHER NEITHER, YOU KNOW, RETAIN OR DETAIN OR ADD TO, YOU KNOW, THE WATER FLOWS. WE WILL DO OUR PART AS BEST WE CAN, BUT AT THE END OF THE DAY, KEEP IN MIND THAT THE CITY IS A REVIEW INSTRUMENT, NOT AN APPROVAL INSTRUMENT. SO IF AFTER SOME TIME, IF THE ENGINEER AND ARCHITECT SAY THAT THIS IS WHAT'S GOING TO HAPPEN, YOU KNOW, AND IF THIS IS HOW WE BUILD IT, THEY'RE THEY'RE STATE LICENSED OFFICIALS. WE TAKE THEIR WORD FOR IT. AND IF THERE WERE ISSUES AFTER THE FACT, TO ANSWER YOUR QUESTION, NO, THE CITY IS NOT. WE TRY TO HELP OUT AND I'M SURE I'M SORRY I FORGOT YOUR NAME. HARMON. YEAH, YEAH. CHERYL, SHE KNOWS THAT. AND I'VE BEEN INVOLVED IN THAT ISSUE. SO THE CITY HAS HELPED OUT QUITE A BIT. I THINK. BUT IS IT OUR DIRECT RESPONSIBILITY? NO, BUT, YOU KNOW, THAT'S WHAT WE DO HERE IN WYLIE. YOU KNOW, THAT'S ONE OF THE REASONS A LOT OF PEOPLE COME TO LIVE HERE. I LIKE TO THINK, YOU KNOW, BUT IT IS. WILL WE HELP? YES. IS IT OUR RESPONSIBILITY? NO. DOES THAT HELP OUT? I USED TO WATCH IT.
YOU'RE SITTING THERE EATING. I MEAN, PART OF MY CONCERN IS HEARING FROM THE OTHER PROPERTY OWNER OF THE WATER ISSUES IN THIS IN THE BIRMINGHAM BLUFFS SUBDIVISION, TOO. WE HAVE A LETTER HERE FROM THE HOA THAT SAYS DRAINAGE ISSUES MAY ARISE AND THE APPLICANT HAS TO ADDRESS IT. SO THE SETBACK WILL BE ONLY FOUR FEET FROM THE OTHER PROPERTY. SO FOR ALL THOSE THINGS, MY OTHER QUESTION THAT I'M I'M HAVING A LITTLE ANGST WITH IS CAN'T WE THE CITY STAFF FINE CONDITION UPON GRANTING YOU THIS VARIANCE IS YOU MUST GET INVOLVED IN SOME DRAINAGE MITIGATION ISSUES. WE DON'T TELL YOU WHAT IT IS HOW TO DO IT. WOULD IT BE FRENCH DRAINAGE DOWNSPOUTS THAT GO INTO A FRENCH DRAIN BACK INTO THE STREETS OR WHATEVER, BUT JUST THAT AS A
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CONDITION OF APPROVING IT, THE DRAINAGE ISSUES MUST BE MITIGATED BY THE APPLICANT OR BE ADDRESSED BY THE APPLICANT. I WAS JUST WONDERING THAT HAVE WE SET ASIDE? THAT'S NOT SOMETHING THAT I FEEL COMFORTABLE THINKING THAT WE CAN BE INVOLVED IN. OKAY. YOU KNOW, LIKE I MENTIONED BEFORE, THE ENGINEER AND THE ARCHITECT, HER FOLKS WILL LOOK AT THAT. THEY'LL SUBMIT PLANS TO THE CITY, WE REVIEW THEM. AND BASED ON WHAT WE ARE GIVEN, WE'LL EITHER APPROVE OR, YOU KNOW, EITHER APPROVE A PERMIT OR DENY A PERMIT, NOT THE THERE'S A FINE LINE THERE, BUT WE'RE NOT APPROVING THE STRUCTURE ITSELF PER SE, BUT THE PERMIT TO BUILD THE STRUCTURE, IF THAT MAKES SENSE. AND THEN AFTER THAT, AS LONG AS IT'S BUILT TO THOSE STANDARDS, THEN AND IT HAS FINAL APPROVAL OR NOT FINAL APPROVAL, BUT THERE'S A FINAL INSPECTION BY THE CITY, THEN, THEN AFTER THAT, IT IS THE RESPONSIBILITY OF THE PROPERTY OWNER. AND ONE LAST QUESTION AGAIN, KEVIN. IF THIS WERE NOT PART OF A PD, THIS WOULD HAVE BEEN APPROVED AS PART OF THE REGULAR RESIDENTIAL ZONING ORDINANCE. RIGHT. REQUIRING THREE FOOT. THAT'S THIS ONE IS OKAY. OKAY. AND THEN JUST THIS THIS MAY BE GETTING INTO BOARD DISCUSSION TERRITORY, BUT OKAY, I GOT SOMETHING.ABSOLUTELY. THE WAY THE WAY I SEE THIS IS THAT THE ACTUAL QUESTION THAT'S BEING POSED TO US RIGHT NOW IS NOT FUNDAMENTALLY DIFFERENT THAN THE OTHER ONES THAT WE'VE SEEN, BECAUSE THE PERMITTING PROCESS THAT'S GOING TO HAPPEN AFTER THE VARIANCE, THE CITY ZONING ORDINANCE IS THREE FEET IS MY AND WE'RE BEING ASKED FOR A VARIANCE BEYOND OR BEYOND THE PD OR CORRECT THE SEVENTH, ALTHOUGH IT'S WITHIN THE CITY ORDINANCE, IT'S STILL OKAY. I KNOW THAT THERE'S THIS OTHER AND I DON'T WANT TO I DON'T MEAN TO BE FLIPPANT ABOUT YOUR ISSUE AT ALL AND THE DRAINAGE, AND WE UNDERSTAND THAT ISSUE. I FEEL LIKE THAT THAT ISSUE IS NOT NECESSARILY THE WAY I'M LOOKING AT IT BEFORE US RIGHT NOW. I THINK WE'RE JUST LOOKING AT THE ZONING ORDINANCE AND THEN THE DRAINAGE ISSUES WOULD BE HANDLED BY THE HOA AND THE PERMITTING PROCESS AFTER THIS. YEAH, I APPRECIATE THOSE COMMENTS. AND THAT'S CERTAINLY SOMETHING WE CAN LOOK AT AT DURING THE BOARD DISCUSSION. I JUST WANT TO MAKE SURE THAT ANY QUESTIONS FOR KEVIN OR THE APPLICANT AT THIS POINT WE HAVE THOSE COVERED SO WE CAN CLOSE THE PUBLIC HEARING AND GO TO THE BOARD DISCUSSION. ANY OTHER QUESTIONS? WHAT'S THE PROBLEM WITH THAT? IF YOU'RE GOING TO IS HE GOING TO HIDE BEHIND THE CONFLICT OF INTEREST? IT'S UP TO YOU. YEAH I MEAN WE'RE NOT. NO. YEAH. YOU MAY YOU MAY JUST FOR A FEW MOMENTS. YOU MAY AND I UNDERSTAND YOU'RE NOT DIMINISHING. YOU KNOW HOW I FEEL ABOUT THIS, BUT IT TOOK OVER TWO YEARS BECAUSE OF ENGINEERING PROBLEMS THAT WERE APPROVED BY THE CITY ON MISTAKES THAT WERE MADE BY SCHAUBERG DEVELOPER THAT HAD A DIRECT IMPACT ON MY PROPERTY AND SOME SURROUNDING PROPERTIES. SO TO SAY THAT, YOU KNOW, WELL, IT'S GOING TO BE UP TO THE HOMEOWNER. YOU KNOW, I JUST DON'T I DON'T AGREE WITH THAT. I THINK THAT THE CITY BEARS RESPONSIBILITY IN MAKING SURE THAT ALL OF US IN OUR COMMUNITY ENJOY OUR PROPERTIES. THAT'S WHY WE DID MOVE HERE TO WILEY. AND, YOU KNOW, TO YOUR POINT, YES, THE CITY WAS VERY, VERY HELPFUL. THE ENGINEERING COMPANY WAS, YOU KNOW, THE ENGINEERING DEPARTMENT WAS VERY HELPFUL, BUT NOTHING HAPPENED WITH SCHAUBERG UNTIL THE CITY BECAME INVOLVED. AND IT TOOK TWO YEARS TO RECTIFY. EVEN I'LL SAY A GOOD PERCENTAGE OF THE PROBLEM, NOT 100%, BUT A GOOD PERCENTAGE OF THE PROBLEM, ENOUGH THAT WE CAN LIVE WITH IT.
SO I DON'T WANT TO THINK THAT THE CITY BEARS NO RESPONSIBILITY. AND JUST LIKE, OH, OKAY, WELL, YOU KNOW, YOU COULD JUST MOVE IT CLOSER TO THE PROPERTY LINES WHEN IT RAINS.
AND YOU KNOW HOW IT RAINS HERE. AND IT'S LIKE TODAY IT RAINED REALLY HARD. THAT WATER COMING OFF OF THAT ROOF, THAT'S GOING TO BE WITHIN JUST A FEW FEET OF THE PROPERTY LINE. AT A MINIMUM, I THINK IT NEEDS GUTTERS, DOWNSPOUTS, TIES INTO THAT FRENCH DRAIN AND TAKE IT OUT TO MANCHESTER. OTHERWISE IT'S GOING TO COME REAL HARD OFF OF THAT ROOF. IT'S GOING TO GO OVER THE WALL AND IT'S GOING TO END UP ON MY PROPERTY. SO AGAIN, I SAY TO YOU, THE CITY DOES BEAR RESPONSIBILITY AND I DON'T WANT IT JUST TO BE SHRUGGED OFF ON THE HOMEOWNER BECAUSE, YOU KNOW, I DON'T WANT TO HAVE ANY, LIKE, CONTEST WITH HER. OKAY. SO I'D LIKE THOSE THINGS TO BE ADDRESSED BEFORE SHE GOES AND INVESTS IN THE PROPERTY WITH WITH THIS. I MEAN, IT'S A VERY NICE STRUCTURE. I'M HAPPY FOR HER. CHERYL. THANK YOU. THANK YOU SO MUCH FOR YOUR COMMENTS. I REALLY APPRECIATE YOU. WOULD THE APPLICANT LIKE TO HAVE ANY KIND OF REBUTTAL REMARKS FROM THAT LAST COMMENT SHOW BUSINESS? IS THERE ANYBODY ELSE IN THE ROOM THAT WOULD LIKE TO SPEAK TO THIS ISSUE? OKAY, BECAUSE OF THAT, I'M GOING TO CLOSE THE PUBLIC HEARING AND WE CAN GO AHEAD AND MOVE TO BOARD DISCUSSION. WHAT DISCUSSION DO WE HAVE ON THESE ON THIS REQUEST? I JUST SHARE MY OPINION. MR. WE JUST LOST QUINCY JONES. LIKE THE ENTIRE PERGOLA IS 120FT■!S AND ONLY ONE SIDE IS
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FACING FACING HER. HER HOUSE, WHICH IS 30FT■!S. AND NO MATTER HOW HARD IT RAINS, 30FT■!S IS NT GOING TO GATHER MUCH WATER AS TO ASK THE APPLICANT TO INSTALL GUTTERS AND DRAINAGE AND EVERYTHING. SO HOW WOULD YOU GO ON BASED ON JUST NUMBERS? I THINK THE PERGOLA IS NOT GOING TO EXACERBATE THE PROBLEM THAT'S ALREADY EXISTS. THAT'S JUST MY $0.02 SO FAR. THANK YOU. OH MY GOD, I THOUGHT SHE WAS GOING TO MAKE IT TONIGHT. BOARD MEMBER. HI STAN, BECAUSE I KNOW AGAIN, WE'RE NOT TALKING ABOUT THE CITY'S ZONING ORDINANCES FOR THIS PARTICULAR MATTER. WE'RE TALKING ABOUT THE STANDARDS SET BY THE PD FOR THE SETBACKS AND THOSE KIND OF THINGS. AND WHAT I'M NOTICING IS THAT INSTEAD OF CELEBRATING HER. SO IF AN ACCESSORY STRUCTURE, THE PD REQUIRED IT TO HAVE A FIVE FOOT SETBACK, THE APPLICANT IS ASKING FOR WITHIN A ONE FOOT SETBACK FROM THE MAIN STRUCTURE. IS THAT CORRECT? KEVIN? THE GOLDEN GIRLS OH YEAH. AND I MEAN, THERE'S THE GOLDEN. YES. BUT AS JASON MENTIONED EARLIER, FIRE CODE ALLOWS A ZERO. NO, NO. YEAH. I JUST WANT TO MAKE SURE FOR THE RECORD, I'M UNDERSTANDING WHAT I'M GOING TO BE VOTING ON SO THAT THE PD REQUIRES A FIVE FOOT SETBACK. THE APPLICANT IS DOING A ONE FOOT SETBACK. IS THAT CORRECT? JUST AS A YES. YES. OKAY. THE PD ALSO REQUIRES A 15 FOOT SETBACK, BUT THE APPLICANT IS DOING A SIX FOOT SETBACK. IS THAT CORRECT? REAR SETBACK? YES. THAT'S ACTUALLY TEARED UP A LITTLE BIT. SHE IS LAUGHING AND THEN THOUGHT IT WAS WITHIN THE PD. REQUIRES A FIVE FOR A FIVE FOOT SIDE SETBACK. BUT HERE THE APPLICANT IS DOING A FOUR FOOT SETBACK. IS THAT CORRECT? YES.SO WHAT I WAS HOPING TO DO ON PAGE 47, IT SAYS FOR THIS YEAR, YOU KNOW, HAVE YOU EVER PLAYED CARDS AGAINST HUMANITY FIVE INCHES SHORT OF FIVE. YEAH. WE USUALLY HAVE TO ROUND DOWN.
RIGHT. YEAH. OKAY. OKAY. WELL THEY IT'S A CARD GAME BASICALLY A CARD THAT HAS A PHRASE IN THIS PARTICULAR SUBDIVISION. THE IS IT THE BIRMINGHAM. IS IT BIRMINGHAM SUBDIVISION. YES BIRMINGHAM BLUFF. DO WE HAVE ANY SIMILAR. AND THEN YOU GET A BUNCH OF CARDS UNNECESSARILY.
PERGOLAS BUT ACCESSORY STRUCTURES THAT HAVE BEEN IMPROVED WITH THESE KINDS OF VARIANCES TO, TO THE SETBACK AND ALL THOSE REQUIREMENTS, AS FAR AS I KNOW, WE DON'T HAVE ANY VARIANCES WITHIN THIS SUBDIVISION. WE HAVE A NEW ONE, BUT WE HAVEN'T CONSIDERED IT YE.
OKAY. AND THE HOA HAS APPROVED THIS WITH THOSE CONDITIONS. YES. THAT'S OKAY. YEAH. THANK YOU KEVIN. WINTER TIME YOU GUYS CAN PLAY. YEAH. YOUR HOME MICROPHONE CARD WAS STUFFED INTO. THANK YOU. ANY OTHER COMMENTS DISCUSSION QUESTIONS THAT WE HAVE. ANYBODY WANT TO STATE THEIR OPINION ON THIS MATTER AS A PART OF OUR BOARD DISCUSSION. SURE. I'LL JUST JUST REAL FAST LIKE WITHOUT WITHOUT COMMENTING ON AND CERTAINLY WITHOUT ABDICATING ANY RESPONSIBILITIES, THE CITY MAY OR MAY NOT HAVE WITH RESPECT TO THE DRAINAGE ISSUES, I THINK THE QUESTION BEFORE THE ZBA NOT THE CITY, BUT BEFORE THE BOA IS JUST ABOUT THE ZONING ORDINANCES AND THE SETBACK THAT WE DID IT. SO THAT'S I UNDERSTAND THERE ARE OTHER ISSUES HERE, BUT I THINK THAT WE'RE WE'RE LOOKING AT A LIMITED A LIMITED SUBSET OF IT. GOOD. I'M GOOD JUST FOR THE ZONING ORDINANCE. HOW MANY OF US I DON'T KNOW, HOW ARE WE GOING TO GO WITHOUT YOU? THANK YOU.
YEAH. ANY OTHER COMMENTS? THAT'S A SHORT PERIOD THAT I AND I WILL JUST STATE. JUST SO JASON'S ALREADY MENTIONED IT. JUST SO WE'RE CLEAR, THIS BOARD IS NOT REQUIRED TO PRESENT A MOTION AS IT'S PRESENTED. SO WE ARE WE HAVE THE AUTHORITY TO AMEND THE MOTION IF WE FEEL LIKE IT IS NECESSARY AND IMPORTANT TO DO THAT. SO THAT STUCK AROUND. I JUST WANT TO MAKE SURE THAT WE ALL UNDERSTAND THAT EVERYBODY ELSE HAS ROTATED. WITH YOU, BECAUSE YOU GUYS HAVE ALL THE CORE STUFF GOING ON AND HE'S AWESOME. HE'S HE'S KEVIN. THAT'S AWESOME. DO YOU KNOW IF THERE HAS BEEN ANY DRAINAGE ISSUES PER SE ON THE APPLICANT'S PROPERTY? YEAH, I TRIED THAT. WE DON'T KNOW THAT. SO WE KNOW SHE'S HAD FRENCH DRAINS PUT IN BY THE DEVELOPER. RIGHT. SO I MEAN CIRCUMSTANTIAL EVIDENCE SAYS YE. JULIE. JULIE. OKAY. YEAH. SO SHE'S SAYING IT'S JUST HER
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STREET. OKAY. BUT THERE HAS BEEN AND CHERYL'S RIGHT THAT BIRMINGHAM BLUFFS DID HAVE SOME SERIOUS DRAINAGE ISSUES FROM PART OF THAT WAS IN THE FLOODPLAIN RIGHT BEFORE IT WAS BUILT. AND YOU KNOW THEY DID GO THROUGH THE PROCESS. THEY DID GO THROUGH REVIEW PROCESS. THEY DID GO THROUGH THE FEMA PROCESS AND ALL THAT OTHER STUFF. BUT AT THE END OF THE DAY, THERE WERE SOME LOTS THAT SHE SOUNDS LIKE MAY NOT HAVE AT THE END OF THE DAY, BEEN BUILT TO THE STANDARD THAT THEY SHOULD HAVE BEEN. AND SO, YEAH, THERE HAS BEEN SOME ISSUES OUT THERE. OKAY. I DON'T KNOW SPECIFICALLY ALL THE LOTS THAT HAVE HAD THOSE, BUT YOU KNOW, AND IF SHE'S HAD ANY SPECIFIC ISSUES, BUT I THINK THERE HAS BEEN LIKE MORE DRAINAGE ISSUES IN THIS ONE THAN NORMAL. SO YOU DO NOT LOOK LIKE YOU'RE 53, YOU KNOW, BOARD MEMBER. BUT THE THING THAT GIVES ME SOME COMFORT LEVEL WITH THE REQUEST OF THE VARIANCE IS THE HOA LETTER, THAT THIS IS AN ACTIVE HOA STILL, CORRECT? OKAY. OH, OKAY. THAT THEY HAVE IMPOSED THOSE THREE CONDITIONS. LIKE I SAID, I ACTUALLY I CAN SAY FOR SURE THAT THE CITY PERMITS AT FIRST AND THEN THOSE THREE, ONE OF THE THREE BEING THAT ANY DRAINAGE ISSUES THAT MAY ARISE DUE TO IMPROVEMENT WILL BE THE RESPONSIBILITY OF YOU, THE OWNER. AND SO AND I UNDERSTAND THE AUTHORITIES OF THESE HOA HAVE. AND SO YEAH, THERE AT THE RISK OF US THE CITY IMPOSING CONDITIONS THAT WE MAY NOT HAVE NECESSARILY THE AUTHORITY TO IMPOSE, I.E. FRENCH DRAIN OR DRAINAGE STRUCTURES OR SOMETHING, YOU KNOW, I'M GOING TO WELL, ONCE WE'RE DONE WITH THE BOARD DISCUSSION, MAKE A MOTION TO APPROVE IT. SO YEAH, OKAY. YEAH. ANY OTHER DISCUSSION? JUST TAKE THE ELEVATOR UP TO THE SECOND FLOOR LEFT. WE'RE NOT VERY GOOD SEEING IF THERE'S NO MORE DISCUSSION.AND IF ANYONE IS WANTING TO MAKE A MOTION FOR THIS REQUEST, I WILL BE HAPPY TO ENTERTAIN THAT MOTION. BOARD MEMBER. BOARD MEMBER. MICHAEL, I MAKE A MOTION THAT WE APPROVE THE VARIANCE AS REQUESTED BY THE APPLICANT. GOOD NIGHT. WE HAVE A MOTION TO APPROVE IT AS PRESENTED. DO WE HAVE A SECOND FOR THAT MOTION? VICE CHAIR I SECOND, WE HAVE A MOTION AND WE HAVE A SECOND. DO WE HAVE ANY OTHER DISCUSSIONS, COMMENTS, QUESTIONS? SEEING THAT THERE IS NONE, WE WILL GO AHEAD AND MOVE TO A VOTE. IF YOU MOVE TO APPROVE THIS AGENDA ITEM AS PRESENTED, WILL YOU PLEASE RAISE YOUR HAND THAT PASSES UNANIMOUSLY? THANK YOU. SO MUCH. THAT BRINGS US TO THE END OF OUR ITEMS TODAY. AND SEEING THAT THERE'S NO MORE ITEMS ON OUR AGENDA, I WILL GO AHEAD AND ENTERTAIN A MOTION TO ADJOURN. I SO MOVE BOARD MEMBER, WE HAVE A SECOND VICE CHAIR ASIA A SECOND.
IF YOU MOVE TO APPROVE ADJOURNING THIS MEETING, PLEASE RAISE YOUR HAND AND WE ARE
* This transcript was compiled from uncorrected Closed Captioning.