[Zoning Board of Adjustment on November 18, 2024.]
          [00:00:04]
          THE GOVERNMENT. GOOD EVENING EVERYONE. WE ARE GOING TO START OUR MEETING THIS EVENING. THIS IS. IT IS 6:00 AND THIS IS THE REGULARLY SCHEDULED ZONING BOARD OF ADJUSTMENTS. REGULAR MEETING FOR NOVEMBER 18TH. THANK YOU SO MUCH FOR BEING HERE TODAY. ARE THERE ANY CITIZENS THAT WOULD LIKE TO ADDRESS THE BOARD ON ANY NON AGENDA ITEMS? SEEING THAT THERE IS NONE WE WILL GO AHEAD AND MOVE TO OUR CONSENT AGENDA AND THE ITEM ON OUR CONSENT AGENDA IS TO APPROVE THE MINUTES FROM LAST MONTH. AND SO BOARD YOU WILL SEE EARLIER THIS MONTH, EARLIER THIS MONTH JUST A COUPLE WEEKS AGO WASN'T IT. YES. BECAUSE IT WAS A SPECIAL CALLED MEETING. AND SO YOU WILL SEE THAT THOSE MINUTES IN YOUR PACKET. AND SO ONCE YOU'VE REVIEWED THOSE I WILL ENTERTAIN A MOTION TO APPROVE THOSE MINUTES. VICE CHAIR AISHA I APPROVE MOTION TO APPROVE. YES. 
          WE HAVE A MOTION TO APPROVE. WE HAVE A SECOND. I'LL SECOND IT. OH, NO. GO AHEAD. ALL RIGHT, I'LL SECOND. VERY GOOD. THANK YOU SO MUCH. WE HAVE A MOTION AND A SECOND. ARE THERE ANY DISCUSSION ITEMS ON THIS MOTION? SEEING THAT THERE IS NONE, WE WILL GO AHEAD AND MOVE TO A VOTE. IF YOU APPROVE THE MINUTES AS PRESENTED, GO AHEAD AND CAST YOUR VOTE. ARE WE DOING HANDS? ARE WE DOING. NO. IT SHOULD POP UP HERE THAT. 
          TIME. HANDS IN THE ORDER NOW. OKAY. VERY GOOD. WE WILL MOVE TO HANDS. SO IF YOU APPROVE THE MINUTES AS PRESENTED, WILL YOU JUST RAISE YOUR HAND? THAT IS UNANIMOUS. THE MINUTES ARE APPROVED. THANK YOU. SO MUCH. WE WILL GO AHEAD AND MOVE TO OUR REGULAR AGENDA THIS EVENING. WE HAVE TWO ITEMS ON OUR REGULAR AGENDA. THE FIRST AGENDA ITEM IS TO HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON THE REQUEST BY HANSON, BUT FOR A VARIANCE OF SECTION 1.2 OF PLAN DEVELOPMENT 2018 DASH TEN. TO ALLOW FOR AN UNENCLOSED ATTACHED PATIO COVER WITHIN THE REAR SETBACK PROPERTY LOCATED AT 1011 MANCHESTER DRIVE, THE ZBA NUMBER IS 20 2412. KEVIN. GOOD EVENING. 
          OUR FIRST ITEM ON THE AGENDA IS A REQUEST FOR A VARIANCE FOR THE REAR SETBACKS FOR AN ATTACHED PATIO COVER THAT MEASURES 600FT■!S, THE REAR SETBACKS OF E PLANNED DEVELOPMENT ARE 15FT, AND THE APPLICANT IS REQUESTING EIGHT FEET. AND AS YOU ALL ARE AWARE, THE ZONING ORDINANCE ALLOWS A TEN FOOT REAR SETBACK. SO THAT WOULD BE A TWO FOOT SETBACK. BUT BECAUSE THIS ISN'T A PLANNED DEVELOPMENT, IT'S 15FT. THE PATIO COVER IS UNENCLOSED AND IT'S ATTACHED TO THE HOUSE. THIS IS AN EXAMPLE OF WHAT IT WOULD LOOK LIKE. AND THE APPLICANT IS ALSO HERE TO ANSWER ANY QUESTIONS WE MAILED 26 NOTICES AND DID RECEIVE ONE IN FAVOR. THE APPLICANT HAS ALSO SENT THIS REQUEST TO THE HOA, AND AS FAR AS I KNOW, THEY'RE STILL IN THE REVIEW PROCESS FOR IT. THEY HAVEN'T RECEIVED A DECISION ON THAT ITEM YET, BUT WITH THAT, I'LL BE HAPPY TO ANSWER ANY QUESTIONS. AND THAT SHOWS WHERE THE NEIGHBOR THAT WAS IN FAVOR WITH THE CHECK MARK, IT'S RIGHT ACROSS THE STREET. ANY QUESTIONS FOR KEVIN? ALL RIGHT. IS THE APPLICANT HERE WITH THE APPLICANT? LIKE TO MAKE SOME REMARKS? WHEN YOU COME FORWARD, JUST PLEASE STATE YOUR NAME FOR US, SIR. YEAH. GOOD EVENING EVERYONE. YEAH. BASICALLY THE. I'M SORRY, WOULD YOU STATE YOUR NAME FIRST? MY NAME IS HASSAN. HASSAN. MY LAST NAME. BUT YEAH, I'M THE OWNER OF 1011 MANCHESTER. SHE IS MY WIFE. YOU KNOW, IF YOU ALLOW, I CAN CALL HER. SHE CAN COME HERE, MAYBE. NO. YOU'RE FINE. OKAY. BASICALLY, I MEAN, THE WE SIGNED A CONTRACT WITH THE CONTRACTOR, AND WE TOLD HIM TO GET THE PERMIT FROM THE CITY FIRST. THEN WE COME IN. HE CAME BACK THE 
          [00:05:07]
NEXT DAY. HE SAID THE CITY ASKED ME THE $1,500 INSURANCE. I SAID, OKAY, AND YOU HAVE TO PAY OR OTHERWISE JUST LET US KNOW. HE SAID, YEAH, OKAY, I WILL DO. SO HE STARTED THE WORK. I MEAN, WE ASKED HIM TWICE. HE SAID YES. CITY IS WORKING ON IT ONCE. I MEAN, MY WIFE, SHE SAID, I MEAN ALMOST YOU HAVE DONE THE WORK AND WHERE IS THE PERMIT? HE SAID, OH, OKAY, I WILL CHECK IT. 
          AND NEXT DAY HE SAID THE OH CITY SAID YOU HAVE TO GO TO THE FIRST EACH WAY. I SAID, OKAY, LET ME SEND THE PAPERWORK. AND LATELY I SAID, OKAY, WHAT'S THE UPDATE? HE SAID THE CITY DID NOT APPROVE YET, BUT THEY WILL CALL ME OR THEY WILL LET ME KNOW. I SAID OKAY AND IN THE MEANWHILE I GOT THE EMAIL AND FOR THIS TOWN, OUR MEETING. BUT THE THING IS, I MEAN, THE I MEAN OUR REQUEST BECAUSE ALMOST TIME WE HAVE SPENT A LOT OF MONEY ON THIS AND OUR NEIGHBORS, THEY DON'T HAVE ANY OBJECTION. AND WE THERE IS NO ANY ENCROACHMENT AND WE LEFT I MEAN, ALL THREE SIDES. THE, THE I MEAN THE WE DID NOT COVER THE WHOLE I MEAN AND WE, WE LEFT THE SPACE. I MEAN, I MEAN UNCOVERED THE BACK FENCE, BOTH SIDES AS WELL. YEAH. SO THAT'S MY CASE. YEAH. OKAY. THANK YOU. 
          THANK YOU SIR. IS THERE ANY QUESTIONS. THANK YOU SIR. IS THERE A REASON WE DON'T HAVE THE HOA APPROVAL FOR THIS? DID YOU APPLY FOR THE HOA? HOA HOA IS APPROVAL, HE TOLD ME. HE SAID THE HOA WILL TAKE A LIKE FOUR WEEKS TO SIX WEEKS. SO HOA DID NOT REPLY US BACK YET BECAUSE I SENT AN EMAIL TO THE HOA ONCE. I MEAN, HE TOLD ME THE CITY SAID THAT GO TO THE WHO FIRST, YOU KNOW, SO I BELIEVE THE ISSUE IS WAITING FOR THE CITY APPROVAL AND PROBABLY THEN THEY WILL GO AND DO IT. YOU KNOW. SO TYPICALLY THE WAY IT WORKS IS HOA GIVES A CONDITIONAL APPROVAL AND THEN PEOPLE BRING IT TO US. AND THEN SINCE WE KNOW THAT THE HOA HAS APPROVED IT, THEN THE CITY IS MORE I DON'T KNOW WHY. I MEAN, BECAUSE I TWICE I, I SENT EMAIL TO THE HOA AND HE SAID THAT HE SPOKE WITH THE HOA ALSO AND BASICALLY HE SAID THE HOA SAID THAT YOU HAVE TO SEND THE EMAIL. I SAID I ALREADY SENT THE EMAIL. SO HE SAID THAT WHEN I SPOKE WITH THE HOA. THEY SAID THAT IT WILL TAKE 4 TO 6 WEEKS TO GET APPROVAL OR SOMETHING ELSE. YOU KNOW. IT'S ALREADY, YOU KNOW, THEY HAVEN'T RECEIVED CONFIRMATION ON THE FROM THE HO. SO THIS IS THE APPLICATION THAT THEY SUBMITTED FOR THE HOA. BUT WE DON'T KNOW YET IF IT WHAT THE HOA IS GOING TO DECIDE ON. SO KEVIN CONSTRUCTION HAS NOT STARTED ON THIS PROJECT. IT HAS. RIGHT. YEAH. IT HAS THE. YEAH. 
          OKAY. YEAH. SO THAT'S WHAT I WAS GETTING AT WAS THAT THE REASON THAT WE TOOK IT IS BECAUSE IT WAS ALREADY DONE. AND WHAT WHAT THE CITY LOOKED FROM THE CITY'S PERSPECTIVE IS YOU HAVE SOMETHING BUILT WITHOUT A PERMIT. WELL, HE CAN'T GET A PERMIT UNTIL, YOU KNOW, ZBA CONSIDERS, YOU KNOW, THIS BOARD CONSIDERS THAT ITEM AND YOU'RE RIGHT UNDER NORMAL CIRCUMSTANCES, IF IT HADN'T ALREADY BEEN BUILT, THEN WE WOULD HAVE ASKED FOR HIM TO HAVE HOA APPROVAL FIRST. BUT IT'S WHEN IT'S ALREADY DONE, WHICH YOU KNOW. HE EXPLAINED THAT SOMETIMES CONTRACTORS GET A LITTLE AHEAD OF THEMSELVES OR DON'T EXACTLY FOLLOW THE RULES. 
          SOMETIMES, UNFORTUNATELY. THEN THAT'S WHY HE'S HERE BEFORE YOU THIS EVENING. OKAY. SO. SO, KEVIN, CAN YOU REMIND US OF THE CITY GUIDELINES? I KNOW IT'S UNDER THE PLANNED DEVELOPMENT. 
          IT'S LIKE A 15 FOOT CLEARANCE. BUT NOW THE CITY. IF THE PLANNED CLEARANCE WAS NOT THERE, THE CITY'S GUIDELINE IS ABOUT 10FT OR 5FT. THE CITY'S IS TEN FEET, TEN FEET FOR PATIO COVERS. SO THIS WOULD BE A TWO FOOT VARIANCE FROM THAT. YEAH. AND JUST TO MAKE SURE I UNDERSTAND THE ORIENTATION CORRECTLY, THIS IS THE SIDE OF THE HOUSE THAT THIS IS ON WOULD BE THE SIDE FACING BROWN STREET. YES. IT BACKS UP TO BROWN STREET CORRECT? YES. NOT THE OKAY. 
          THANKS. YEP. ANY OTHER COMMENTS FOR KEVIN. ALL RIGHT I'M GOING TO GO AHEAD AND OPEN A PUBLIC HEARING. IS THERE ANYBODY HERE THAT WOULD LIKE TO SPEAK ON THIS ISSUE. SEEING THAT THERE IS NONE I WILL CLOSE THE PUBLIC HEARING AND WE WILL MOVE TO BOARD DISCUSSION. IS THERE ANY DISCUSSION THAT WE HAVE ON THIS REQUEST? IF THERE'S NO DISCUSSION, IF A MEMBER WOULD 
          [00:10:07]
LIKE TO MAKE A MOTION TO APPROVE THIS ITEM, I WILL CERTAINLY ENTERTAIN THAT. I MOVED TO APPROVE THE VARIANCE AS REQUESTED. OKAY, WE HAVE A MOTION. DO WE HAVE A SECOND I SECOND IT WE HAVE A MOTION AND A SECOND. IS THERE ANY FURTHER DISCUSSION. ALL RIGHT. WE WILL GO AHEAD AND MOVE TO A VOTE. ARE WE VOTING ON THE MACHINE. ALL RIGHT. LET'S GO. I THINK WE CAN GO AHEAD AND START VOTING AT THIS POINT. SO CAST YOUR VOTE. WE HAD. SO CAN YOU REVOTE PLEASE REVOTE. NATIONAL PADLOCK. YES OKAY. LET'S TRY AGAIN. HOW ABOUT THAT? WE WILL FIGURE THIS OUT. 
          AS SOON AS SOON AS I PUSH IT. IT'S LOCKS. PROBABLY LET EVERYBODY ELSE GO. AND THEN YOU DO YOURS. OKAY. YEAH. OKAY. HEY, THERE WE GO. SO, WITH THAT MOTION CARRIES. THANK YOU. SO MUCH, KEVIN. APPRECIATE YOU VERY MUCH. ALL RIGHT. WE WERE GOING TO GO AHEAD AND MOVE TO OUR SECOND AGENDA ITEM. AND THAT IS TO HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY DOUGLAS BEACH FOR A VARIANCE TO SECTION 25.4 OF THE ZONING ORDINANCE, 1991 DASH 22 TO ALLOW FOR AN ACCESSORY STRUCTURE OVER THE MAXIMUM ALLOWED SQUARE FOOTAGE. THIS PROPERTY IS LOCATED AT 1800 STONE GLEN DRIVE. THE ZBA NUMBER IS 2024 DASH 13. KEVIN, OUR LAST ITEM ON THE AGENDA IS A REQUEST FOR A VARIANCE TO ALLOW FOR AN ACCESSORY STRUCTURE THAT MEASURES 1620FT■!S. THE PLAN DEVELOPMENT WHERE THE HOUSE IS LOCATED WAS ESTABLISHED IN 1991 AND HAS A MAXIMUM ALLOWED ACCESSORY STRUCTURE. SQUARE FOOTAGE OF 600FT■!S. AND SO THAS ESSENTIALLY WHY THE VARIANCE IS REQUIRED. SINCE THEN, THE ZONING ORDINANCE HAS BEEN AMENDED TO TAKE INTO ACCOUNT THE ACTUAL LOT SIZE OF HOUSES AND USING THE CURRENT CALCULATIONS, THIS ACCESSORY STRUCTURE WOULD BE ALLOWED AND THAT CODE IS WRITTEN WITHIN THE REPORT AS WELL. AND I CAN GIVE YOU THE NUMBERS IF YOU WANT. I ALREADY DID THE CALCULATIONS DOWN HERE, BUT ESSENTIALLY THE BUILDING, THIS IS WHAT IT LOOKS LIKE. IT HAS A CARPORT AND A GARAGE DOOR. IT'LL BE USED FOR A WAREHOUSE WORKSHOP OR AS A WORKSHOP, AND WE ACTUALLY DID RECEIVE TWO COMMON FORMS IN FAVOR OF THE 17 THAT WE MAILED OUT. AND IT'S THEY'RE ACTUALLY THE NEIGHBORS, THE DIRECT NEIGHBORS OF THE HOMES. AND I HAVE THE LETTERS HERE. THEY DIDN'T REALLY SAY ANYTHING. 
          THEY JUST CHECKED THE BOX. SO THERE'S REALLY NOT MUCH TO SHOW. AND YEAH, THE APPLICANT IS ALSO HERE, IF YOU WANTED, IF YOU HAD ANY QUESTIONS OR ANYTHING LIKE THAT. OKAY. ANY QUESTIONS. AND THEY DO HAVE AN HOA APPROVAL LETTER AS WELL. THANK YOU KEVIN. ANY QUESTIONS FOR KEVIN. YES KEVIN. LET ME MAKE SURE I UNDERSTAND. SO THE EXISTING LOT WAS PART OF A PD AND THERE'S A NUMBER THERE FOR THE PD CREATED IN 1999 THAT HAD THIS BASE STANDARD ZONING 1985 ZONING ORDINANCE. RIGHT. YOU'RE SAYING THAT NOW THOUGH THE CITY'S BASE ZONING ORDINANCE HAS BEEN UPDATED SO THAT IF THIS PROPERTY, THIS PROPERTY WERE NOT PART OF A PD, GIVEN THE CURRENT CITY ZONING, THIS STRUCTURE WOULD BE PERMITTED. YES. THAT'S CORRECT. AND THEN IN YOUR PACKET, YOU ALSO HAVE A FLOOR PLAN THAT SHOWS THE ADDITION THAT THE CONTRACTOR IS ALSO PLANNING ON DOING. AND THAT'S THIS PAGE THAT I'M SHOWING ON THE MAP OR ON THE PRESENTATION. 
          YES. WHAT IS IT? THAT'S NOT PART OF IT. NO. YEAH. THAT'S NOT PART OF THIS ACCESSORY STRUCTURE. BUT THIS SQUARE FOOTAGE IS TAKEN INTO ACCOUNT WITH THE NEW CALCULATION FOR, FOR THAT. YEAH. 
          GREAT. SUPER HELPFUL. THANK YOU. SO KEVIN HARBISON WHAT IS THAT. DO WE LOOKING AT ON PAGE 24. 
          [00:15:08]
THAT RIGHT THERE. THIS ONE OR WHICH PAGE. THAT'S THAT'S WHAT WE'RE TALKING ABOUT TODAY. 
          THAT'S THE STRUCTURE THE RENDITION OF THE ACCESSORY STRUCTURE WE'RE TALKING ABOUT. 
          YES. AND THIS STRUCTURE IS SEVEN FEET AWAY FROM THE FENCE LINES, RIGHT? YES. SO YEAH, TODAY WE'RE JUST DISCUSSING THE SQUARE FOOTAGE. IT'S IN COMPLIANCE WITH ALL SETBACKS, SETBACK REQUIREMENTS, SAYING THAT IT IS IT IS JUST SQUARE FOOTAGE IS WHAT WE'RE LOOKING AT TODAY. I BELIEVE THE APPLICANT IS HERE. MR. BEACH, WOULD YOU LIKE TO ADDRESS. I AM I'M A REPRESENTATIVE. OKAY. IF YOU'RE GOING TO TALK, WILL YOU? YEAH. YOU CAN COME FORWARD. MY NAME IS JOSH CANTRELL. I'M THE GENERAL CONTRACTOR FOR DOUG BEACH AND JANE BEACH ON THIS PROJECT. 
          OKAY. ANY QUESTIONS ABOUT IT? ANY ADDITIONAL QUESTIONS THAT WE HAVE? I DON'T BELIEVE SO RIGHT NOW, SIR. SO I HAVE HOA APPROVAL. WE'VE GOT SETBACKS OF OVER TEN FEET FROM THE SIDE. AND THEY ALSO GAVE US OUR REQUIREMENTS FROM THE FENCE AT THE DRIVEWAY. IF YOU'RE IF YOU'RE LOOKING AT THAT, THEY HAVE OUR REQUIREMENTS. SO OUR, OUR PLACEMENT SHOULD BE SHOULD BE CORRECT OKAY. SO FAR SO FAR I THINK I'D LIKE TO COMPLY WITH ALL OF ALL OF THE CITY REQUIREMENTS BECAUSE I WORK WITH YOU ALL OFTEN. SO THANK YOU SIR. WE APPRECIATE IT. ANY ADDITIONAL QUESTIONS OKAY. GREAT. THANK YOU SO MUCH. I'M GOING TO GO AHEAD AND OPEN A PUBLIC HEARING FOR THIS MATTER. DOES ANYONE HERE PRESENT THAT WOULD LIKE TO ADDRESS THE BOARD CONCERNING THIS REQUEST. SEEING THAT THERE IS NONE, I WILL CLOSE THE PUBLIC HEARING AND WE'LL MOVE TO BOARD DISCUSSION. IS THERE ANY DISCUSSION THAT WE WOULD LIKE TO HAVE ABOUT THIS REQUEST? MR. CHAIR, GIVEN THAT THE ACCESSORY STRUCTURE COMPLIES WITH THE SETBACK REQUIREMENTS, GIVEN THAT THE RIVERSIDE HOMEOWNERS ASSOCIATION HAS HAS GIVEN A CONDITION OF APPROVAL, GIVEN THAT THIS PROPERTY IS IN COMPLIANCE, IF IT WERE NOT IN THE PD AND JUST COMPLY WITH THE CITY'S BASE ORDINANCE BASED UPON THOSE THREE FACTORS, I'D MAKE A MOTION TO APPROVE THE VARIANCE AS REQUESTED BY THE APPLICANT. VERY GOOD. WE HAVE A MOTION. DO WE HAVE A SECOND VICE CHAIR? I SECOND, THANK YOU. OKAY. GO AGAIN. VICE CHAIR ISI SECOND, THANK YOU SO MUCH. WE HAVE A MOTION AND A SECOND, DO WE HAVE ANY ADDITIONAL DISCUSSION? ALL RIGHT. WE WILL GO AHEAD AND MOVE TO A VOTE. LET'S GO AHEAD AND CAST OUR VOTE ON THIS REQUEST. AND THAT MOTION CARRIES. THANK YOU SO MUCH. WE APPRECIATE IT I DON'T BELIEVE WE HAVE ANY ADDITIONAL ITEMS ON OUR AGENDA. 
          SO I WILL ENTERTAIN A MOTION FOR ADJOURNMENT. I SO MOVED AND WE HAVE A SECOND. I'LL SECOND. VERY GOOD. IF YOU ARE IN FAVOR OF ADJOURNING OUR MEETING TODAY IS CAST YOUR VOTE. HOLD ON. WE GOTTA LET HER CATCH UP. OKAY. I'M SORRY I MISSED TO MAKE THE MOTIONS, MR. GORDON IS AARON. 
          AARON? AARON. SECOND. FROM. AND THAT MOTION CARRIES AND WE ARE ADJOURNED. THANK YOU SO MUCH FOR
* This transcript was compiled from uncorrected Closed Captioning.