[00:00:04] GOOD EVENING EVERYONE. I WOULD LIKE TO CALL TO ORDER OUR REGULAR MEETING FOR THE ZONING BOARD OF ADJUSTMENTS AND. [Zoning Board of Adjustment on March 17, 2025.] ARE THERE ANY CITIZENS THAT ARE HERE THAT WOULD LIKE TO SPEAK TO THE BOARD ON ANY NON-AGENDA ITEMS? SEEING THAT THERE ARE NONE, WE WILL GO AHEAD AND MOVE TO OUR CONSENT AGENDA. AND OUR CONSENT AGENDA. WE WILL CONSIDER AND ACT UPON APPROVING THE MEETING MINUTES FROM THE JANUARY 21ST, 2025 AT OUR ZONING BOARD OF ADJUSTMENTS MEETING THAT DAY. I CAN MAKE A MOTION TO ACCEPT THE MINUTES AS THEY ARE. I SECOND. VERY GOOD. WE HAVE A MOTION AND WE HAVE A SECOND AND WE ARE READY TO VOTE. IF YOU VOTE TO APPROVE THE MEETINGS AS PRESENTED, PLEASE CAST YOUR VOTE. INTERMEDIATE PERSON. ALL RIGHT. THAT MOTION PASSED UNANIMOUSLY, AND WE ARE GOING TO GO AHEAD AND MOVE TO OUR REGULAR AGENDA. KEVIN. YES, SIR. HE DOESN'T HAVE TO READ IT. RIGHT. THE SUBJECT OR ANYTHING. JASON, DOES HE HAVE TO READ IT? YEAH. OH, I'M SO SORRY. YES. I'M SO SORRY, I TOTALLY. YES. JUST JUST FOR THE FIRST ITEM ON OUR REGULAR AGENDA IS TO HOLD THE PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY F&S VENTURES, LLC FOR A VARIANCE TO THE SECTION 4.3 AND SECTION NINE OF THE ZONING ORDINANCE TO ALLOW FOR THE REMODELING AND CHANGE OF USE FOR A NON-CONFORMING STRUCTURE. THIS PROPERTY IS LOCATED AT 1959 NORTH HIGHWAY NORTH STATE HIGHWAY 78. ZBA 2020 5-02. KEVIN OKAY. YEAH. SO OUR FIRST ITEM ON THE AGENDA IS A REQUEST TO REMODEL AN EXISTING STRUCTURE THAT'S LOCATED AT 1959 NORTH STATE HIGHWAY 78. THIS IS A BUILDING THAT'S CURRENTLY DEVELOPED LIKE A SELF STORAGE BUILDING. AND THEY'RE WANTING TO REMODEL IT FOR A MULTI-TENANT COMMERCIAL STRUCTURE THAT'S GOING TO INCLUDE A DOG, A PET GROOMING BUSINESS, A THRIFT STORE FOR A YOUTH WITH A MISSION THE CHURCH MISSION SERVICES, AND THEN TWO OFFICE USES. THEY DID PROVIDE ELEVATIONS AS WELL TO KIND OF SHOW WHAT THEY'RE WANTING TO DO, BUT ESSENTIALLY THEY'RE NEEDING THIS VARIANCE BECAUSE IT'S A NON-CONFORMING STRUCTURE. THE MAIN REASONS WHY IT'S A NON-CONFORMING STRUCTURE IS BECAUSE IT WAS BUILT PRIOR TO THE COMMERCIAL CORRIDOR ZONING ORDINANCE REQUIREMENTS BEING IN PLACE. I WAS ABLE THE EARLIEST PICTURE I WAS ABLE TO FIND, LIKE AERIAL PICTURE, WAS FROM 1995 1985, BUT IT DOES SHOW THAT THERE WAS DEVELOPMENT THERE. THIS IS A HIGH QUALITY PICTURE RIGHT HERE. BUT YEAH, BUT YEAH WE DID MAIL EIGHT NOTICES AND DIDN'T RECEIVE ANYTHING IN FAVOR OR IN OPPOSITION. BUT AS I MENTIONED, THE THE DEVELOPER THINKS THAT THIS VARIANCE IS, IS WARRANTED BECAUSE THERE REALLY ISN'T ANY OTHER WAY TO DEVELOP THE BUILDING WITHOUT TEARING IT DOWN AND HAVING A LARGE COST ON THE DEVELOPER. THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS AS WELL. ANY QUESTIONS FOR KEVIN? ANY QUESTIONS FOR KEVIN? SO WHAT ARE THE PLANNED BUSINESSES THAT ARE THAT ARE GOING TO BE HOSTED IN THIS STRUCTURE? SORRY I MISSED THAT PART. LIKE WHAT ARE THE PLANNED BUSINESSES FOR? WHAT ARE THE PLANNED BUSINESSES THAT ARE GOING TO BE HOSTED IN THE REPORT? IT'S A IT'S A PET GROOMING BUSINESS. AND THEN YOU HAVE A THRIFT STORE FOR A MISSION. A CHURCH MISSION. AND THEN YOU ALSO HAVE TWO OFFICE USES. SO IT'S IN THE REPORT IF YOU WANTED TO SEE. IT'S ALSO CALLED OUT ON THE PLANS I BELIEVE FOR FOR PARKING. SO YEAH, IT'S LISTED IN THE FIRST PARAGRAPH OF THE REPORT. YEAH. KEVIN HIT ME ON THE STAND. SO I'M READING HERE IN PAGE FIVE. SO IT SAYS THAT. IT'S A REMODEL OF AN EXISTING SELF-STORAGE BUILDING TO THEN A MULTI-TENANT COMMERCIAL STRUCTURE. [00:05:04] IS THAT WHAT THEY. YES. SO THIS IMAGE SHOWS THE THE BUILDING THAT'S CURRENTLY DEVELOPED. AND THEY'RE WANTING TO REMODEL THIS BUILDING BY ESSENTIALLY CHANGING THE FACE OF THE BUILDING, THE EXTERIOR TO HAVE DOORS FOR A MULTI-TENANT BUILDING. OKAY. SO CAN YOU GO BACK TO THE PICTURE, THE PREVIOUS ONE, THE STREET VIEW? YEAH. OKAY. SO THOSE STRUCTURES ALREADY EXIST. IS THAT CORRECT? YES. OKAY. AND SO. OKAY. YEAH. OKAY. THANK YOU. AND IF IT'S STILL A IT'S A GAS STATION RIGHT NEXT TO THE STORAGE. AND HOW IS THE PARKING GOING TO BE DIVIDED BETWEEN THE. YES. SO THEY ARE PROPOSING TO PROVIDE A ROW OF PARKING ALONG THE FRONT OF THE BUILDING. SO. THANK YOU. MR. WARNER. YEAH. YEAH IT DOES. AND THEY DO HAVE A FIRE LANE THAT THEY'RE ALSO PROPOSING. IT'S GOING TO DEAD END, BUT IT WON'T EXCEED 150FT AS REQUIRED BY FIRE CODE. SO WOULD THE APPLICANT LIKE TO ADDRESS THE BOARD ON THIS MATTER? I'M HERE TO ANSWER ANYTHING YOU NEED OR TELL YOU WHAT WE'RE PLANNING TO DO EITHER WAY. DOES ANYONE HAVE ANY QUESTIONS FOR THE APPLICANT? ALL RIGHT. SEEING THAT THERE ARE NONE, I'M GOING TO GO AHEAD AND OPEN A PUBLIC HEARING. ARE THERE ANY CITIZENS THAT WOULD LIKE TO ADDRESS THE BOARD CONCERNING THIS AGENDA ITEM? SEEING THAT THERE ARE NONE, I WILL GO AHEAD AND CLOSE THE PUBLIC HEARING AND WE WILL MOVE TO BOARD DISCUSSION ON THIS AGENDA ITEM. MAYOR. KEVIN, LET ME I'M TRYING TO UNDERSTAND IN MY HEAD WHAT THE VARIANCE IS AND READING HERE. SO THE WAY I'M READING THIS, THE CURRENT USE OF THE BUILDING, THEY ARE SETBACK REQUIREMENTS, LANDSCAPING REQUIREMENTS AND AND ARCHITECTURAL REQUIREMENTS THAT IF THE PROPERTY OWNER WERE ASKED TO COMPLY WITH THOSE, IT WOULD EXCEED MORE THAN 50% OF THE VALUE OF THE STRUCTURE. THEY READ THAT CORRECTLY. CORRECT. BECAUSE THE CURRENT BUILDING ISN'T IN COMPLIANCE, SO THE ONLY WAY FOR THEM TO BE IN COMPLIANCE IS TO SIGNIFICANTLY ALTER THE BUILDING BY TEARING IT DOWN AND SHRINKING THE SIZE OF THE BUILDING, ESSENTIALLY. OKAY. OKAY. THANK YOU. I THINK THE APPLICANT IS ACTING IN IN A WELL MANNERED WAY TO INCREASE THE ESTHETIC LOOK OF THE BUILDING BY ADDING THE STONE MASONRY AND CHANGE THE ESTHETICS IN A FAVORABLE WAY. AND THERE'S REALLY NOTHING ELSE THAT THEY CAN DO WITH THIS BUILDING EXCEPT FOR TEARING IT DOWN THE WAY THAT I UNDERSTAND IT. I THINK THEY'RE DOING A GOOD THING. ALL RIGHT. IS THERE ANY MORE DISCUSSION? IF NOT, I WILL GO AHEAD AND ENTERTAIN. ENTERTAIN A MOTION FOR THIS AGENDA ITEM. MR. CHAIR, MAKE A MOTION TO APPROVE THE ITEM AS PRESENTED, LISTED ON THE AGENDA AND AS PRESENTED BY STAFF. WE HAVE A MOTION. DO WE HAVE A SECOND? I SECOND IT. ALL RIGHT. WE HAVE A MOTION AND A SECOND. LET'S GO AHEAD AND PUSH THIS TO A VOTE. WE ARE VOTING ON THE FIRST AGENDA ITEM TO APPROVE THE VARIANCE AS PRESENTED. OH, I WAS LOOKING AT THE WRONG SCREEN. SO SORRY. FORGIVE ME. IT'S NOT MY FIRST RODEO, BUT FORGIVE ME ABOUT THAT. YES, THAT HAS PASSED UNANIMOUSLY. OF THE MEMBERS THAT ARE PRESENT THIS EVENING. SO THANK YOU SO MUCH. THAT MOTION PASSES. WE'RE GOING TO MOVE TO OUR NEXT AGENDA ITEM, AND WE ARE GOING TO HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON THE REQUEST BY TINA BROWN FOR A VARIANCE TO SECTION FIVE POINT C OF THE PLAN DEVELOPMENT 2000 DASH 20 TO ALLOW FOR A FENCE EIGHT FEET IN HEIGHT. THIS PROPERTY IS LOCATED AT 1911 FOUNTAIN SPRAY DRIVE, ZBA NUMBER 2025-03. KEVIN. YES. SO THE APPLICANT IS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 1911 FOUNTAIN SPRAY [00:10:06] DRIVE TO ALLOW FOR A FENCE THAT HAS A HEIGHT OF EIGHT FEET. THE PLAN DEVELOPMENT OF THE CASCADES HAS A HEIGHT LIMITATION OF SEVEN FEET. AND THAT'S ESSENTIALLY WHY WE'RE HERE TODAY FOR THAT THIS ITEM. THEY HAVE RECEIVED APPROVAL FROM THE HOA TO ALLOW FOR FOR WHAT THEY'RE PROPOSING. AND WE DID MAIL 22 NOTICES AND DIDN'T RECEIVE ANY IN OPPOSITION AS WELL. AND ESSENTIALLY THIS JUST SHOWS WHERE THEY'RE PLANNING ON INSTALLING THE FENCE. IT IS BOARD ON BOARD, CEDAR FENCE WITH METAL POSTS. GREAT. THANK YOU KEVIN. ANYBODY HAVE ANY QUESTIONS FOR KEVIN? KEVIN. SO THIS PROPERTY IS PART OF A PD? YES. AND IF IT WERE NOT A PD IT'S SUBJECT TO THE REGULAR CITY ZONING REQUIREMENTS. THE EIGHT FOOT WOULD HAVE BEEN ALLOWED EIGHT FOOT FENCE. YES. THAT'S CORRECT. OKAY. THANK YOU. IS THE APPLICANT PRESENT WITH THE APPLICANT LIKE TO MAKE ANY REMARKS? IF YOU DO, WOULD YOU PLEASE COME TO THE MICROPHONE, SIR? STATE YOUR NAME AND THEN YOU MAY SHARE YOUR REMARKS. MY NAME IS ANTHONY TAPIA, AND I'M HERE ON BEHALF OF MISS BROWN. WE PUT THE FENCE IN. SO WE HAVE HERE. I DON'T KNOW IF Y'ALL WOULD LIKE TO SEE THIS, BUT THIS IS A PICTURE OF THE FENCE BEFORE, AND THE NEIGHBOR HAS AN EIGHT FOOT FENCE AS WELL. IT'S ACTUALLY A LITTLE BIT HIGHER THAN EIGHT FOOT. WE HAVE HERE THE BUILDING PERMIT CARD THAT WE RECEIVED. I KNOW THAT THERE WAS IN THE PORTAL, THERE WAS COMMUNICATION THAT IT NEEDED TO BE ADJUSTED. AND OUR OPERATIONS MANAGER, ELI, HE CALLED AND SPOKE TO SOMEBODY AT THE CITY AND WE DON'T HAVE HIS NAME, REGRETTABLY. THEY'VE SAID THAT HE DOESN'T WORK THERE ANYMORE, BUT HE EXPLAINED THE SITUATION. ALSO IN THIS PHOTO, YOU CAN SEE THERE'S AN APARTMENT COMPLEX BEHIND. THAT WAS PART OF THE REASON SHE WANTED THE FENCE RAISED. SO HE EXPLAINED THAT TO THE CITY WORKER. HE GAVE US THE GO AHEAD. BUT WE DON'T HAVE THAT IN WRITING. AND THEN WE DO HAVE THE WHICH HE HE HAS PULLED UP HERE ON THE SCREEN, THE SURVEY IN WHICH WE, WE SUBMITTED TO TO GET THE APPROVAL. OKAY. THANK YOU SIR. THANK YOU. WE'RE GOING TO ENTER A PUBLIC HEARING ON THIS AGENDA ITEM. ARE THERE ANY CITIZENS PRESENT THAT WOULD LIKE TO ADDRESS THE BOARD CONCERNING THIS AGENDA ITEM. SEEING THAT THERE ARE NONE, I WILL CLOSE THE PUBLIC HEARING AND WE WILL MOVE TO BOARD DISCUSSION. ANYTHING ON BOARD? I DON'T HAVE ANYTHING. NOPE. ALL RIGHT. SEEING THAT THERE'S NO DISCUSSION, I WILL ENTERTAIN A MOTION FOR THIS REQUEST. MR. CHAIR, I MAKE A MOTION TO APPROVE THIS ITEM AS PRESENTED ON THE AGENDA AS PRESENTED BY STAFF. WE HAVE A MOTION. DO WE HAVE A SECOND? I SECOND. THANK YOU SO MUCH. WE HAVE A MOTION AND A SECOND. WE WILL NOW VOTE ON THIS AGENDA ITEM AS PRESENTED. THAT MOTION PASSES UNANIMOUSLY. THANK YOU SO MUCH. WE WILL MOVE ON TO OUR THIRD AGENDA ITEM FOR THIS EVENING, AND IT IS TO HOLD THE PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY JAMES DONOVAN FOR A VARIANCE TO SECTION 11.8 OF PLANNED DEVELOPMENT, 2005 DASH 24. TO ALLOW FOR SIDE SETBACKS OF A THREE FEET IN LIEU OF TEN FEET. THE PROPERTY IS LOCATED AT 1303 SHADOW HILLS DRIVE, ZBA 2020 504. KEVIN. YES, THE APPLICANT IS REQUESTING FOR SITE SETBACKS OF THREE FEET IN LIEU OF TEN FEET FOR THE PROPERTY LOCATED AT 1303 SHADOW HILLS DRIVE, AND THE PURPOSE FOR THIS REQUEST IS TO ALLOW FOR AN ATTACHED GARAGE EXTENSION. AND THIS IS THE SITE PLAN THAT THEY'VE SUBMITTED. ESSENTIALLY IT IS AN ATTACHED ADDITION. SO IT'S A SIDE STEP BACK TO THE MAIN STRUCTURE. AND THEY'RE ASKING FOR THE THREE FEET. IT IS IT DOES STILL ALLOW FOR ACCESS AND MAINTENANCE AT THOSE THREE FEET, SO THEY COULD STILL USE IT TO CUT THE GRASS AND ANYTHING LIKE THAT. THEY ARE ALSO NOT PROVIDING ANY WINDOWS ON THAT SIDE THAT'S ADJACENT TO TO THE FENCE. AND THE HOA DID OR ACTUALLY THEY SENT A REQUEST TO THE HOA, BUT WE WERE STILL WAITING ON A RESPONSE FROM THEM. [00:15:07] IT'S THE BRADDOCK PLACE HOMEOWNERS ASSOCIATION. SO WE DO NOT HAVE AN APPROVAL. WE DON'T HAVE IT TO THIS POINT UNLESS THE APPLICANT BROUGHT IT TODAY. BUT WE DID MAIL 19 NOTICES AND RECEIVED FOUR IN FAVOR. THE PACKET SAYS THREE, BUT LAST WEEK WE GOT ONE EXTRA ONE. AND THAT'S LOCATED BEHIND THE LOT, I BELIEVE. YEAH. SO, KEVIN, IF THE BOARD MADE A MOTION TO APPROVE THIS, THE HOA WOULD STILL HAVE TO APPROVE IT BEFORE. THAT'S CORRECT. YES THAT'S CORRECT. AND THEY STILL HAVE TO APPLY FOR BUILDING PERMITS AS WELL. VERY VERY GOOD. SO IT'S ON THE SIDE OF 1305. THE NEW CONSTRUCTION IS GOING TO BE ON LIKE IF YOU GO BACK TO THE PREVIOUS SCREEN. SO 1305 THEY APPROVED IT. THE HOUSE NUMBER 1305. YES. IT'S GOING TO BE THEIR SIDE. OKAY. YES. AND KEVIN, DID I UNDERSTAND YOU CORRECTLY TO SAY THAT ON THE. THE 1305 PROPERTY WHERE THIS APPLICANT PROPOSES TO PUT THAT STRUCTURE, THERE WILL BE NO WINDOWS. CORRECT. YEAH. NO WINDOWS ON THAT SIDE. SO AND I'M ASSUMING THIS I'M ON PAGE 28 WHERE WE HAVE THAT THE LAYOUT RIGHT THERE. SO THOSE WITH THE GREEN CHECK MARKS WHERE THOSE ARE THE, THOSE ARE THE, THE THE FOLKS THAT RESPONDED. YES. IN FAVOR. IN FAVOR. CORRECT. I KNOW YOU SAID THERE ARE THREE CHECK, BUT YOU HAVE FOUR FOR NOW. WHILE YOU HEARD BACK FROM FOUR IN FAVOR? WERE THERE ANY IN OPPOSITION? NONE IN OPPOSITION. OKAY. ALL RIGHT. THANK YOU. THANK YOU. KEVIN. IS THE APPLICANT HERE? AND WOULD THE APPLICANT LIKE TO ADDRESS THE BOARD? ALL RIGHT. I DON'T BELIEVE THE APPLICANT IS HERE. SO WE WILL GO AHEAD AND MOVE TO A PUBLIC HEARING ON THIS REQUEST. ARE THERE ANY CITIZENS PRESENT THAT WOULD LIKE TO ADDRESS THE BOARD ON THIS AGENDA ITEM? SEEING THAT THERE ARE NONE, I WILL CLOSE THE PUBLIC HEARING AND WE WILL MOVE TO BOARD DISCUSSION. IS THERE AN EXPECTED TIMELINE FOR THE HOA TO FOR THEIR APPROVAL? LIKE TYPICALLY WE WAIT FOR THE HOA APPROVAL BEFORE THE CITY ACTS. TYPICALLY IT'S NOT REQUIRED. IT'S JUST SOMETHING THAT WE LIKE TO DO, BUT IT DOES NOT REQUIRE THE HOA LETTER. WELL, WHAT HAPPENS IF THE CITY APPROVES SOMETHING BUT THE BUT ACTUALLY WANTS TO DENY IT, AND THE HOA DENIES IT. OKAY, YEAH. IF SOMEBODY LIVES IN AN HOA, THEY PRETTY MUCH. AND THEY'RE TRYING TO DO A ZBOA TYPE OF SITUATION. THEY'VE GOT TO GET APPROVAL FROM BOTH ENTITIES IN ORDER TO MOVE FORWARD. WE USUALLY LIKE TO HAVE THE HOA GET APPROVAL FIRST, BECAUSE THAT SHOWS THAT THE NEIGHBORHOOD AS A WHOLE IS GENERALLY OKAY WITH THE IDEA. BUT IN THIS PARTICULAR CASE, EVEN THOUGH WE DON'T HAVE THE HOA LETTER, WE'VE GOT LIKE LITERALLY THE NEXT DOOR NEIGHBOR WHO'S PROBABLY GOING TO BE MOST AFFECTED SEEMS TO BE OKAY WITH THE IDEA. SO WE WENT AHEAD AND AND MOVED FORWARD WITH THIS ITEM FOR Y'ALL'S CONSIDERATION. THERE ARE ALSO MULTIPLE HOMES IN THIS NEIGHBORHOOD THAT HAVE SIMILAR ADDITIONS WITH THE SAME VARIANCES. ALL RIGHT. ANY OTHER DISCUSSION? IF NOT, I'LL ENTERTAIN A MOTION. I MAKE A MOTION TO APPROVE THE VARIANCE AS PRESENTED. WE HAVE A MOTION. DO WE HAVE A SECOND? I'LL SECOND. THANK YOU SO MUCH. WE HAVE A MOTION AND A SECOND. AND SO WE WILL GO AHEAD AND MOVE TO A VOTE TO APPROVE THE VARIANCE AS PRESENTED. THAT MOTION PASSES AS WELL. WE WILL GO AHEAD AND MOVE ON TO OUR FOURTH AGENDA ITEM. WE ARE MOVING RIGHT ALONG. WE ARE TO HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON THE REQUEST BY BRIAN SHEARER. I BELIEVE THAT'S HOW YOU PRONOUNCE THAT. FOR VARIANCE OF SECTION 9.2 OF THE PLAN. DEVELOPMENT 2005 DASH 44 TO ALLOW FOR SIDE SETBACKS OF SEVEN FEET THREE INCHES IN LIEU OF TEN FEET. THIS PROPERTY IS LOCATED AT 1804 STONE GLEN DRIVE. ZBA 2025-05. KEVIN OKAY, SO THIS IS A REQUEST SIMILAR TO THE ONE THAT WE JUST DID RIGHT BEFORE THIS. THEY'RE ASKING FOR SEVEN FEET THREE INCHES IN LIEU OF TEN FEET. THE PROPERTY IS LOCATED AT 1804 STONE GLEN DRIVE. [00:20:02] AND THIS IS WITHIN THE RIVER CHASE HOMEOWNERS ASSOCIATION. THE MAIN REASON I'M SO SPECIFIC WITH THE SEVEN FEET THREE INCHES FOR THE VARIANCE, FOR THE YEAH, FOR THE SETBACKS IS BECAUSE THERE IS AN EXISTING UTILITY EASEMENT THAT'S AT THAT DISTANCE. SO THEY'RE NOT GOING TO BE ENCROACHING ONTO THAT UTILITY EASEMENT. AND THEN HERE ARE THE PLANS OF WHAT THEY'RE PROPOSING. I BELIEVE IT'S A GAME ROOM THAT THEY'RE WANTING TO HAVE BACK THERE, BUT IT IS ALL ATTACHED TO THE MAIN STRUCTURE THROUGH A BREEZEWAY. SO THEY HAVE AN EXISTING PATIO THAT THEY'RE CONNECTING TO. AND THEY ALSO DON'T HAVE ANY WINDOWS FACING THE DEFENSE PROPERTY. THE ADJACENT PROPERTY. WE MAILED 23 NOTICES AND RECEIVED TWO THAT WERE IN FAVOR OF THE REQUEST. KEVIN, WHO IS THE UTILITY EASEMENT HOLDER? IT'S JUST A UTILITY EASEMENT. SO I'M NOT TOO SURE IF THERE ARE EVEN UTILITIES ON THERE. IF IT'S NOT LABELED, IT'S USUALLY JUST RESERVED FOR THE CITY. OKAY. OKAY. IT COULD BE SOMETHING AS SIMPLE AS A CUT THROUGH FOR FRANCHISE UTILITIES, YOU KNOW, INTERNET, CABLE, THAT SORT OF THING. OR POSSIBLE FUTURE SEWER WATER LINE, YOU KNOW, THAT SORT OF THING IF IT'S NOT ALREADY THERE. BUT A LOT OF TIMES IN SUBDIVISIONS, I KNOW THIS SUBDIVISION WAS PHASED. THERE WAS I THINK THERE WAS THREE PHASES IN RIVERCHASE WHEN THEY DESIGNED THEM IN SUCH A WAY. THEN THEY USUALLY END UP DESIGNING A UTILITY EASEMENT THAT GOES THROUGH A CERTAIN AREA. IN OTHER WORDS, SO THEY CAN CAP THAT UNTIL THEY GET THE SECOND PHASE STARTED AND THEN THEY OPEN IT UP. OKAY. ALL RIGHT. THANK YOU. KEVIN, IS THE APPLICANT HERE? AND WITH THE APPLICANT LIKE TO ADDRESS THE BOARD ON THIS REQUEST. OKAY. VERY GOOD. DOES ANYBODY HAVE ANY QUESTIONS FOR THE APPLICANT? THEY ARE PRESENT AND WILLING TO TALK IF NEED BE. YES. I HAVE A QUESTION. I MEAN, I'M LOOKING AT THE HOA APPROVAL, AND THERE ARE FOUR ITEMS ON IT. SO ALL THOSE HAVE BEEN ADDRESSED, LIKE ANY DRAINAGE ISSUES, IS THE RESPONSIBILITY OF THE OWNERS AND THE MAINTENANCE. OBVIOUSLY YOU'LL BE DOING, BUT DOES THE NEW CONSTRUCTION AFFECT ANY WATER FLOW OR ANY DRAINAGE OR ANYTHING. THANK YOU. ALL RIGHT. WE'LL GO AHEAD AND MOVE TO A PUBLIC HEARING. IS ANYONE HERE? ANY CITIZENS PRESENT? WOULD THEY LIKE TO ADDRESS THE BOARD ON THIS MATTER? SEEING THAT THERE ARE NONE, WE WILL GO AHEAD AND MOVE TO A BOARD DISCUSSION ON THIS MATTER. ANY COMMENTS? NO COMMENTS. THERE'S NO COMMENTS. I'LL GO AHEAD AND ENTERTAIN A MOTION. MAKE A MOTION TO APPROVE THE ITEM AS PRESENTED ON THE AGENDA AS PRESENTED BY STAFF. WE HAVE A MOTION. DO WE HAVE A SECOND? I SECOND IT. VERY GOOD. WE HAVE A MOTION AND A SECOND. LET'S GO AHEAD AND MOVE TO A VOTE TO AFFIRM THE VARIANCE AS PRESENTED. AND THAT MOTION PASSES. WE WILL MOVE TO OUR LAST AGENDA ITEM THIS EVENING IN OUR REGULAR AGENDA, AND IT IS TO HOLD THE PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY JOSEPH SOTELO FOR A VARIANCE TO SECTION 25.4 OF ZONING ORDINANCE, 1991 DASH 22 TO ALLOW FOR AN ACCESSORY STRUCTURE OVER THE MAXIMUM ALLOWED SQUARE FOOTAGE. THIS PROPERTY IS LOCATED AT 1901 STONE GLEN DRIVE, ZBA 2020 5-06. THANK YOU. SO THIS LAST ITEM ON THE AGENDA IS A REQUEST TO ALLOW FOR AN ACCESSORY STRUCTURE THAT MEASURES 700FT², WHICH IS OVER THE MAXIMUM ALLOWED OF 600FT². AND THIS IS REFERRING BACK TO THE 1991 ZONING ORDINANCE THAT HAD THAT 600 SQUARE FOOT LIMITATION. THE PROPERTY IS ACTUALLY DEVELOPED WITHIN A PLANNED DEVELOPMENT THAT CALLS BACK TO THAT 1991 ZONING ORDINANCE. SO WE DON'T WE NO LONGER HAVE THAT LIMITATION. SO IF IT WASN'T IN THE PD, THIS WOULD BE ALLOWED PENDING THE BUILDING PERMITS. RIGHT. IT IS IN COMPLIANCE WITH SETBACK REQUIREMENTS. [00:25:03] SO THIS ISN'T A REQUEST FOR ANY VARIANCES ON THAT. AND THE RIVERCHASE HOMEOWNERS ASSOCIATION DID PROVIDE A CONDITIONAL APPROVAL LETTER AS WELL. SO IT'S THERE. YEAH. AND WE MAILED 18 NOTICES AND DIDN'T RECEIVE ANY IN FAVOR OR IN OPPOSITION OF THE REQUEST. AND THE APPLICANT IS HERE TODAY. SO IT'S A 35 BY 20 STRUCTURE. THE STRUCTURE? YES, SIR. I'M LOOKING AT PAGE 48, I THINK. YEAH, THAT'S WHAT, 35 BY 20 IS WHAT THE BUILDING IS. AND YOU'RE SAYING THAT CURRENTLY. WHAT FOR? THIS BUILDING, THE PD, WHATEVER ZONING ORDINANCE WE HAVE WOULD NOT RESTRICT IT TO 6 TO 600 SQUARE FOOT. 600FT² IS THE MAX THE MAXIMUM THAT THEY COULD GO WITH WITH THE 1991 ZONING ORDINANCE. BUT IT'S NOT IT'S NOT A SET NUMBER WITH THE ZONING ORDINANCE. IT'S A PERCENTAGE OF THE MAIN STRUCTURES BUILDING SIZE. BUT THIS IS PART OF A PD. YES. THE REQUEST THAT THEY'RE MAKING IS REQUIRED BECAUSE OF THE PD. OKAY. CALLING BACK TO THE 1991 ZONING ORDINANCE. SO THAT'S WHAT I'M ASKING. BUT FOR THIS PD IT WAS THERE. IS THERE A LIMITATION AND A BIG DISTORTION CAN BE YOU CAN PUT UP WHATEVER SIZE OR FOR THE PD IT'S 600FT². CORRECT. YEAH. AND IF IT WERE NOT IN THE PD, IS THERE ANY RESTRICTION ON THE SIZE? YES. IT'S 60% OF THE. OH SO IT'S A PERCENTAGE OF THE LOT. IT'S 5% OF THE LOT OR 60% OF THE MAIN STRUCTURE SIZE. WHICHEVER IS LESS. WHICHEVER. WHICHEVER IS LESS. YES. OKAY. OKAY. WHICH THEY WOULD BE IN COMPLIANCE FOR. RIGHT. EASILY. EASILY. YEAH. YEAH. YEAH. ALL RIGHT. WOULD THE APPLICANT LIKE TO ADDRESS THE BOARD ON THIS MATTER? OKAY. QUESTIONS? APPLICANT IS HERE IF WE HAVE ANY QUESTIONS FOR HIM. YES. FOR FOR FOR FOR. CAN YOU CAN YOU EXPLAIN THESE FIGURES? YES. I'M TRYING TO MAKE SENSE OF WHAT IS THE RED BOX HERE? YES. IS THIS THE. WHAT'S THE RED BOX IN THIS FIGURE? THAT'S THE STRUCTURE. YEP. THAT'S THE STRUCTURE WHERE THEY'RE PLANNING ON HAVING IT. SO THERE'S ALREADY A CONCRETE THERE. AND THEN THE DRAWINGS OF THE STRUCTURE IS WHAT THEY ALSO PROVIDED. SO. ALL RIGHT. I'M GOING TO GO AHEAD AND OPEN A PUBLIC HEARING FOR THIS AGENDA ITEM. IS THERE ANY CITIZENS PRESENT THAT WOULD LIKE TO ADDRESS THE BOARD ON THIS AGENDA ITEM? SEEING THAT THERE ARE NONE, I WILL CLOSE THE PUBLIC HEARING AND WE WILL MOVE TO BOARD DISCUSSION. ANY DISCUSSION ON THIS MATTER? BOARD. ALL RIGHT. IF THERE'S NO DISCUSSION, I WILL BE HAPPY TO ENTERTAIN A MOTION. I LIKE TO ENTER A MOTION. TO APPROVE. I'M SORRY. THE VARIANCE AS REQUESTED. YES. TO APPROVE THE VARIANCE AS PRESENTED. PERFECT. THANK YOU. SECOND THE MOTION. VERY GOOD. WE HAVE A MOTION. AND A SECOND. WE WILL NOW GO AHEAD AND MOVE TO A VOTE. PLEASE CAST YOUR VOTE TO APPROVE THIS AGENDA ITEM AS PRESENTED. AND THAT MOTION PASSES AS WELL. THANK YOU TO ALL. I DON'T BELIEVE WE HAVE ANY OTHER GENERAL BUSINESS. IS THAT CORRECT, KEVIN? I MEAN, JASON, THAT IS CORRECT. OKAY. WE HAVEN'T RECEIVED ANY. YEAH, WE HAVEN'T RECEIVED ANY REQUEST. SO AS OF RIGHT NOW, WE DON'T HAVE A MEETING. BUT. OKAY, I'LL LET YOU KNOW. ALL RIGHT? YES, SIR. I'LL MAKE A MOTION AND I WON'T MAKE A MOTION. I WILL ENTERTAIN A MOTION FOR US TO BE ADJOURNED. I'LL MAKE A MOTION TO ADJOURN. OKAY. SECOND. WE HAVE A MOTION AND A SECOND. CAST YOUR VOTE TO ADJOURN. OKAY. NO. YOU CAN. AND THAT MOTION PASSES. WE ARE ADJOURNED. THANK YOU SO MUCH FOR BEING HERE THIS EVENING. * This transcript was compiled from uncorrected Closed Captioning.