1. Variance to Table 5-2: Lot Area, Setback, Bulk Regulations and Parking Requirements: Neighborhood Conservation District of the City of Auburn Zoning Ordinance PL-2021-00173

[1. Variance to Table 5-2: Lot Area, Setback, Bulk Regulations and Parking Requirements: Neighborhood Conservation District of the City of Auburn Zoning Ordinance PL-2021-00173]

WE WILL BEGIN WITH ONE CASE. >> YOU MAY REMEMBER FROM THE LAST MEETING THERE WERE TWO CASES THAT WERE TABLE.

>> THEY WERE THERE. >> IT WAS PULLED BY THE

APPLICANT. >> THIS IS FOR A VARIANCE FOR ALLOWANCE OF A SETBACK OF 25 FEET.

THE PROPERTY IS SURROUNDED BY NC 14.

AND THE ORIGINAL STRUCTURE, YOU CAN SEE, IT IS SHOWN AS THE EXISTING STRUCTURE IN 2010, THEY WERE GOING TO GO FIVE AND HALF FEET FOR THE ADDITION. THEY WANT TO BUILD A ROOF OVER THE EXISTING PATIO WHICH WILL PUSH IT BACK FIVE AND A HALF FEET. HERE ARE SOME DESIGN IMAGES AND THE PLAN FOR THEIR ABILITY TO COVER THE BACK PORCH.

THE APPLICANT SUBMITTED THIS INFORMATION IN RESPONSE TO CONCERNS THAT THEY MIGHT DEVELOP FURTHER TO SHOW THEIR SEPTIC TANKS ARE IN THE WAY YOU CAN'T DO THAT.

THE PHOTOS ON THE LEFT ARE THE VIEW FROM THE NEIGHBORHOOD BEHIND THEIR HOUSE. THIS IS WHAT THEY CAN SEE FROM THEIR IN THEIR BACKYARD AND THIS SHOWS THE DISTANCE FROM THEIR HOUSE TO THE FENCE. FINALLY HERE'S THE VIEW FROM THEIR HOUSE INTO THE NEIGHBORS YARD I HAVE NOT RECEIVED ANY COMMUNICATION REGARDING THIS REQUEST THE APPLICANT IS HERE TO

ANSWER ANY QUESTIONS. >> DID WE NOT GET A COMMUNICATION FROM ONE OF THE NEIGHBORS VIA E-MAIL?

>> IS THE APPLICANT HERE AND WOULD LIKE TO SPEAK?

>> IT IS FUNNY DOING THIS IN PERSON.

WE ARE JUST TRYING TO DO OUR BACK PATIO.

I SPOKE TO MY NEIGHBOR BECAUSE HE WOULD BE THE ONLY ONE WHO WOULD SEE SOME OF IT. HE SAID IT WAS FINE WITH HIM.

HIS VIEW IS A GROUP. IT WOULD NOT CHANGE HIS VIEW OF ANYTHING. SHE HAS BEEN A GREAT HELP.

WE HAVE BEEN TRYING TO GET THIS TOGETHER.

FROM THEIR VANTAGE POINT WE ARE ON A HILL.

OUR FENCE LOOKS LIKE A 12-FOOT FENCE.

IT COVERS THE BACKYARD. HE HAD NO PROBLEM WITH IT.

I TOLD HIM WHAT WE WOULD DO. HE SAID WHATEVER I WANTED TO DO WAS FINE WITH HIM. WE DID NOT KNOW THE SETBACKS WOULD BE AN ISSUE UNTIL WE SPOKE TO OUR BUILDER.

WE ARE JUST TRYING TO MAXIMIZE OUR OUTDOOR SPACE.

WE JUST WANT SOMEWHERE TO BE OUTSIDE.

ALABAMA SUMMERS ARE HARD. THERE IS ONLY SO MUCH SHADE FROM THE UMBRELLAS. I THINK THAT IS ABOUT IT.

DO YOU HAVE ANY QUESTIONS? ANY CONCERNS.

[00:05:07]

THIS IS TAKING THE PATIO AND ADDING A ROOM.

WE WANT TO MAKE IT LOOK LIKE IT HAS ALWAYS BEEN THERE.

WE WILL BE FINISHED WITH THE ROOF ON THE INSIDE BUT IT WILL BE TOTALLY OVER THERE THIS IS WHERE WE ASKED YOU TO SUPPLY

MORE DOCUMENTS? >> THERE WERE NO PICTURES OF THE BACKYARD. WE PUT SETTLEMENT, BUT I DO NOT KNOW WHAT HAPPENED BUT THERE WERE NO PICTURES OF THE

BACKYARD. >> CAN YOU ADVANCE THE SLIDES A LITTLE BIT MORE. DOES ANYONE ELSE HAVE ANY OTHER

QUESTIONS? >> IF YOU LOOK AT IT, THE LARGE IS -- YARD IS LONG. I DIDN'T WANT TO DO ANYTHING ELSE. WE ADDED ONTO THE OTHER SIDE OF THE HOUSE BECAUSE OF THE FIELD LINES.

WE HAVE HAD TO REDO THEM. AND IF YOU HAVE DONE THAT BEFORE IT IS A NIGHTMARE. WE WILL PROTECT THAT AT ALL

COSTS. >> THANK YOU.

YOU CAN HAVE A SEAT. WE WILL OPEN THE PUBLIC HEARING.

WE WILL CLOSE THE PUBLIC HEARING AND OPEN FOR MOTION.

I THINK WE ARE UNCLEAR ON WHAT HE WANT TO DO.

I THINK HE HAS DONE A GOOD JOB PROVIDING US WHAT HE WANTS TO DO

AND SHOWED US EXAMPLES. >> I THINK THE MAIN DISCUSSION IS WOULD THERE BE ROOM TO DO ANYTHING ELSE.

THE ACTUAL LIVING SPACE WOULD BE AN ISSUE.

I HAVE NO PROBLEM WITH THIS I THINK THIS WOULD ADD TO THE CHARACTER OF THE HOME. THANK YOU FOR PROVIDING

ADDITIONAL INFORMATION. >> I THANK YOU FOR GIVING US THE

INFORMATION TO MAKE A DECISION. >> MY WIFE DID A GOOD JOB.

I WILL MAKE A MOTION TO APPROVE. >> I WILL SECOND.

(ROLL CALL). >> MOVING ON TO NEW BUSINESS.

[2. Variance to Table 5-2: Lot Area, Setback, Bulk Regulations and Parking Requirements: Neighborhood Conservation District of the City of Auburn Zoning Ordinance PL-2021-00215]

J. THE NEXT APPLICATION IS A REAR SETBACK REQUEST. LOCATED ADD 747 SOUTH COLLEGE STREET. IT IS AND THE SUBDIVISION THERE IS A VARIANCE OF 4-8 INCHES TO THE MINIMUM REQUIRED 45 INCHES REAR YARD SETBACK TO ALLOW A REAR SETBACK OF 40-4 INCHES.

THIS IS A SITE PLAN, THE PROPERTY IN QUESTION IS ON THE CORNER OF TALON CORD AND SOUTH COLLEGE.

IT IS -- THE PROPERTY TO THE REAR HAS REQUESTED TO MOVE THEIR PROPERTY LINE BETWEEN THEIR TWO PROPERTIES, APPROXIMATELY 5 FEET TO ALLOW FOR THE CONSTRUCTION OF A CARPORT ON THE PROPERTY, WHICH MEANS IT HAS TO HAVE A MINIMUM OF 5 FEET AND IT DID NOT HAVE THAT UNDER THE CURRENT SUBDIVISION AS IT CURRENTLY IS.

IN ORDER TO GET THAT SUBDIVISION BOUNDARY ADJUSTED, THAT WOULD IMPACT THE SETBACK ON THE NEIGHBORS.

THEREFORE, THAT IS WHAT IS BRINGING THEM TO YOU TODAY FOR THAT SETBACK REQUEST. THIS IS A PICTURE BETWEEN THE TWO STRUCTURES. YOU HAVE THE STRUCTURE ON THE

[00:10:01]

RIGHT-HAND SIDE OF THE SCREEN, AND THE STRUCTURE ON THE LEFT-HAND SIDE, IS THE HOUSE THAT WOULD LIKE TO BUILD A CARPORT. YOU CAN SEE THERE, THE PROXIMITY

OF THE TWO OF THEM. >> THE VARIANCES FOR THE

PROPERTY ON THE RIGHT-HAND SIDE? >> THE PROPERTY ON THE RIGHT

ONCE THE VARIANCE? >> THAT IS CORRECT.

>> AS IT CURRENTLY SAID, IT IS AS IT IS THEY CANNOT MOVE THIS IF IT MAKES ONE OF THEM NONCONFORMING.

IN ORDER TO DO THAT, THEY WOULD MAKE THE SUBJECT LINE NONCONFORMING BECAUSE THEY MOVED IT.

THEREFORE, THEY CANNOT DO THAT SUBDIVISION UNLESS A VARIANCE IS

ALLOWED. >> DO YOU MEAN THE CARPORT?

>> IT HAS GONE THROUGH PLANNING THE LINES ARE DRAWN, ALL OF THAT

IS DONE. >> ANY BOUNDARY LINE IS CONSIDERED A SUBDIVISION. IT WAS APPROVED, IT WAS APPROVED IN JUNE 2018 AND MARCH OF LAST YEAR.

MARCH OF LAST YEAR THEY APPROACHED THE CITY WITH A PLAQUE WHICH PROPOSED THIS LOT LINE.

>> SO IT WILL BE ADMINISTRATIVE APPROVAL?

>> THIS IS FOR THE LOTS. HOWEVER, BECAUSE THE SUBDIVISION WOULD CREATE THIS LOT THEY WOULD HAVE TO GET A VARIANCE BEFORE IT

COULD BE APPROVED. >> AS FAR AS CORRESPONDENCE WE

HAVEN'T SEEN ANYTHING. >> YOU SAID THEY REDUCE STUDENT SIZE. IF THEY DID WHERE IT WAS 5 FEET AWAY THERE WOULD BE NO VARIANCE REQUIRED FOR THE PROPERTY BECAUSE THE BOUNDARY LINE WOULD NOT HAVE TO BE MOVED.

THE PICTURE YOU'RE LOOKING AT IS A COUPLE OF WEEKS AGO.

THEY CAN BUILD THE CARPORT UNTIL THE WORK IS ALLOWED.

>> ANY MORE QUESTIONS FOR STAFF? IS THE APPLICANT HERE?

>> I THINK HE DID A GREAT JOB EXPLAINING.

THIS IS A VARIANCE FOR THE BENEFIT OF LOT TWO.

THIS IS BEING DONE FOR THE BENEFIT OF LOT TWO WHO WANTS A CARPORT. NOW, ON THE CARPORT FOR IT TO BE CONSIDERED AND ASSESS RESTRUCTURE IT HAS TO BE 10-FOOT OFF OF THE PRINCIPAL STRUCTURE. IT HAS TO BE 10-FOOT OFF AND OFF OF THE PROPERTY LINE. INSTEAD OF GOING FOR A VARIANCE FOR IT TO BE CLOSER TO THE HOUSE, THEY WORKED WITH THE PROPERTY OWNER NEXT WAR -- NEXT DOOR AND SHIFT PROPERTY LINE TO REQUIRE A VARIANCE OF ONE ATHLETE FOR THE REAR CORNER OF THEIR GARAGE. IF THIS CARPORT, WAS CONNECTED TO THE HOUSE, AND HAD A HEATING AND COOLING SPACE, IT WOULD BE REQUIRED TO BE 25 FEET SETBACK ON THAT SIDE.

BACK WHEN THIS CAME UP, WE TALKED THROUGH THE DIFFERENT

[00:15:05]

OPTIONS AND WE WENT THE ROUTE THAT WAS LEAST INTRUSIVE WHEN WE HAD THOSE DISCUSSIONS BACK IN OCTOBER OF LAST YEAR.

>> THE CARPORT IS NOT CONNECTED? >> THE WHOLE STRUCTURE WILL BE

SEPARATED. >> IT WILL BE A BREEZE WHILE THEY CONNECTED. YOU CAN SEE --

>> THIS IS A PICTURE SIMILAR TO WHAT THIS WILL LOOK LIKE.

THIS IS AN EXAMPLE OF WHAT THEY WANTED TO DO.

AT THIS LEVEL WE CALL IT THAT INSTEAD OF A CARPORT.

IT IS CONSIDERED A FANCY CARPORT.

BUT THEY'VE LIKE TO USE THE FANCY WORD FOR THIS.

SO, WHEN WE TALK ABOUT THE HARDSHIPS.

ON THIS PROJECT, BECAUSE IT IS ON SOUTH COLLEGE, WHEN WE STARTED GOING THROUGH THIS 5-6 YEARS AGO, ONE OF THE CONCERNS WE GOT FROM THE MAYOR AT THE TIME WAS HOW CLOSE THESE HOUSES WOULD BE FROM SOUTH COLLEGE AND CHANGING THE VIEWPOINT OF THEM BEING TOO CLOSE AND TRYING TO PUSH THEM AWAY.

THIS IS A CORNER LOT. WE HAD TO FRONTAGES.

IN THE MEETING WHAT WE AGREED UPON WAS SOUTH COLLEGE THE FRONT WHICH WAS THE 40-FOOT SETBACK BUT IT DID REQUIRE A REAR SETBACK. THAT IS AGAINST THIS LOT TOO.

IF YOU FLIP THAT, IF WE WOULD HAVE ORIENTATED THE HOUSE TOWARDS THE INTERNAL STREET, THEN WE WOULD HAVE BEEN ABLE TO SHIP THE HOUSE TOWARDS COLLEGE AND WE WOULD NOT HAVE THE SETBACK ISSUE. WE WERE TRYING TO MANAGE THAT AT THE TIME. SO, THE TWO FRONT IT IS WHAT IS CREATING THE HARDSHIP. WHEN YOU LOOK AT THE REST OF THE LOTS. J HAD THE SAME PICTURE.

YOU CAN SEE WHAT IT LOOKS LIKE TODAY.

IF YOU PULLED OUT THIS, ALL OF THE OTHER HOUSES ON THE CUL-DE-SAC WILL BE 35 FEET APART.

THERE IS A MINIMUM SEPARATION BETWEEN HOME.

THIS IS ON THE SHARED PROPERTY LINE.

IN THIS CASE, AS IT IS, THESE TWO STRUCTURES ARE GOING TO BE 77 FEET APART. THERE IS A SEPARATE CAP, MOST PEOPLE ASK THE BUILDER IF THERE'S ANOTHER LOT THAT THE HOMES CAN GO IN THAT IS HOW WIDE IT IS.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

THIS WAS AN ADD-ON BY THE HOMEOWNER DURING THE PROCESS.

WE ARE TRYING TO ACHIEVE, THIS DOES REQUIRE US TO RELOCATE A SEWER LINE AND SHIFT THE PROPERTY LINE.

THOSE ARE THE TWO THINGS WE WOULD HAVE TO DO OTHER THAN CHANGE THE OWNERSHIP BETWEEN THE TWO OF THEM TO COMPLY WITH, IN ORDER TO CONSTRUCT WHAT WE ARE DOING.

>> THANK YOU. DOES ANYONE HAVE ANY QUESTIONING

>> THE ONLY QUESTION I HAVE, YOU GUYS ARE COMING BACK AND ASKING FOR SOMETHING DIFFERENT, IS THAT CORRECT?

>> WE ONLY GOT FORWARD WITH PLANNING THE LOTS.

>> THESE ARE CUSTOM HOME SO EACH CHILD'S IS BEING DESIGNED TO

[00:20:03]

MEET THE LOT SIZES. SO, AT THAT.AND THEN OWNERSHIP

IS ESTABLISHED. >> OKAY.

>> THANK YOU. >> TO YOUR POINT, CONSIDERATION WAS MADE WHEN WE MADE CONSIDERATION ABOUT THIS IS HOW THE AREA LIVE. THIS IS MORE, THE HOMEOWNER LOT, YOU SAW THE VOID AND IT LOOKED LIKE SOMETHING COULD GO THERE AND IT WOULD NOT DO ANYTHING TO THE LOCAL ORFIELD OF THE HOME.

SO, I GUESS YOUR POINT WE WILL LEARN SO MUCH ABOUT THAT, WE WON'T JUST SLAM THE SIDE OF THE HOUSE.

>> WE WILL OPEN FOR DISCUSSION. >> THE SETBACK SUITE USUALLY SEE AND THIS IS THE SETBACKS. I DO SEE THE CONCERN WHERE YOU ARE ON COLLEGE STREET AND LOOKING AT THESE HOUSES I'M JUST TRYING TO THINK THROUGH THIS. I WANT TO FILL THIS VOID.

IF HE'S WILLING TO DO THAT, I AM INCLINED TO BE OKAY WITH THE

VARIANCE. >> I DON'T UNDERSTAND WHAT THE

HARDSHIP IS. >> ILLEGAL NONCONFORMITY MAKING

THINGS TOUGH. >> MAY HAVE SAID IT BUT I FORGOT, THE CARPORT, I SEE WHERE IT SITS BUT IT SITS FIRMER THAN WHAT THEY ARE SAYING HOW CLOSE WOULD IT BE?

>> IF THEY WERE TO BUILD IT RIGHT NOW IT WOULD BE ON TOP OF

THE PROPERTY LINE. >> IT'S NOT SHOWING THE PROPERTY

LINE. >> HOW MUCH ROOM IS BETWEEN -- IS THIS COMING BETWEEN THIS, IT LOOKS LIKE A GOOD 10 FEET.

>> >> THIS IS 5 FEET OFF OF THE

[00:25:19]

PROPERTY LINE, CORRECT? THE PROPOSED PROPERTY LINE

COLLECTS. >> IT DOES NOT SHOW THE CURRENT

ONE. >> I GUESS WHAT YOU ARE SAYING IS THIS IS MASSIVE. I SAY IT IS 12-15 FEET, AND IF THEY REDUCE IT IS 5-8 FEET. THIS IS FROM THE HOUSE FOR TOO FAR IS THIS FROM THE SIDE PROPERTY LINE CURRENTLY? SO FROM THE HOUSE TO THE CURRENT PROPERTY LINE IS, HOW MANY FEET.

>> I FEEL LIKE THIS IS MORE. >> IT LOOKS LIKE 32V.

THAT HAS TO BE FEET OFF OF THE HOUSE.

THEY CAN BUILD AND 18 FEET WIDE CARPORT?

>> THEY COULD BUILD THAT, YES. >> I CAN'T TELL, THEY CAN BUILD

IT 18 FEET WIDE. >> I'M HAVING A HARD TIME WITH

IT. >> I DON'T EVEN HAVE A CARPORT.

>> THEY COULD STILL BUILD A DECENT SIZE ONE.

>> I MAKE A MOTION TO DENY THE MOTION.

>> CALL THE ROLL. DEKE (ROLL CALL).

>> THAT IS 3-2. >> THAT IS NOT DENIED.

>> I THINK WE SHOULD DO OUR MOTIONS IN THE AFFIRMATIVE'S ANKLE FROM THERE. I MAKE A MOTION TO APPROVE THE

SETBACK. >> SECOND

(ROLL CALL). >> IS THAT A YES?

[00:30:05]

>> YES. >> THAT IS 2-3 WHICH I SUPPOSE

DOES NOT PASSES THAT CORRECT? >> CORRECT.

>> THANK YOU. >> MOVING ON,.

[3. Variance to Section 511.06(A) Detailed Accessory Use Regulations: Private Swimming Pools and Tennis Courts Accessory to a Residential Use, of the City of Auburn Zoning Ordinance PL-2021-00226]

>> THIS IS A VARIANCE REQUEST AT 1934 FAIRWAY DRIVE AND THE LIMITED DISTRICT WITH AN OVERLAY OF THE PLANNED DEVELOPMENT DISTRICT. IT IS SURROUNDED BY SIMILAR ZONING AND SIMILAR LAND USE. THE APPLICANT IS REQUESTING A VARIANCE OF 3 FEET 1 INCH TO THE MINIMUM 10-FOOT REQUIRED SETBACK BETWEEN A PRIVATE SWIMMING POOL AND A PRIMARY STRUCTURE TO ALLOW A PRIVATE SWIMMING POOL TO BE 6 FEET AND 11 INCHES FROM THE PRINCIPAL STRUCTURE. THE REGULATION IS THAT, ANY ACCESSORY STRUCTURES TO BE 10 FEET FROM THE STRUCTURE AND THE PRIVATE SWIMMING POOL ISN'T SO THEREBY HAVING TO ABIDE BY THE SAME SETBACKS, IT IS VERY SMALL ON THE SLIDE SO I APOLOGIZE. THIS IS THE MINIMUM SPACE.

ANY PRINCIPAL STRUCTURE, I KNOW THAT IN THE INSTANCE OF POOL SPECIFICALLY, THE BUILDING CODES LOOK CLOSER THAN THE REGULAR STRUCTURE DUE TO SAFETY. THE APPLICANT IS BRIAN YOUNG, AND I BELIEVE HE IS HERE THIS EVENING.

WE DID RECEIVE CONTACT FROM SEVERAL PEOPLE ASKING FOR INFORMATION. THE NEIGHBOR TO THE SOUTH CALLED AND WONDERED HOW IT WOULD AFFECT THEM THEY SAID THE POOL WOULD BE

SHIELDED FROM THERE PROPERTY. >> BETWEEN THE GARAGE AND THE POOL IS THAT A -- ON THE LEFT SIDE.

>> JUST A MINUTE. THIS IS AN EXISTING PATIO THAT YOU CAN SEE RIGHT HERE. THIS IS WHERE THEY ARE LOOKING

TO PUT THE POOL. >> IS THE PURPOSE OF THE

ORDINANCE SIMPLY FOR SAFETY? >> ANY USE IS SUPPOSED TO BE 10 FEET FROM THE PRINCIPAL STRUCTURE.

I STATED, THE INSPECTIONS LOOK FORWARD SAFETY REASONS LIKE IF

THE EVE OF THE -- >> AS IF YOUR INTERPRETATION IS AN INCONVENIENCE I LIKE THAT IN YOUR REPORT.

>> ANY OTHER QUESTIONS FOR STEPHANIE?

IS THE APPLICANT HERE? >> I AM THE HOMEOWNER, BRIAN YOUNG. THE MAIN REASON, I GUESS WE ARE HERE, WE HAD THE COURTYARD WHICH IS EXISTING.

IF YOU COULD BRING UP THE SITE PLAN, THERE IS A WALL THAT WRAPS AROUND THE CORNER OF THE HOUSE. INSIDE IS WHERE WE WANTED TO DO THE POOL. IF WE WERE TO HAVE THE POOL 10 FEET FROM THE HOUSE, THE POOL WOULD GET REDUCED TO 8-FOOT WIDE. SO, BASICALLY WE WANTED A POOL THAT WAS NARROW BUT 13-FOOT WIDE.

THE EXISTING COURTYARD, WAS A FOUNTAIN IN THEIR THAT HAS BEEN REMOVED. THIS IS NEXT TO THE HOME.

[00:35:01]

I SPOKE TO THE NEIGHBORS TO THE SOUTH.

IF ANYTHING, FROM AN INVASIVE STANDPOINT, THIS IS PUTTING IT

CLOSER TO ME. >> COULD YOU SHIPPED IT FURTHER

FROM THE HOUSE? >> THE WAY THE HOUSE IS, IT

WOULD RUN INTO THE OTHER WING. >> WHAT IS THAT OPEN SPACE IS NOT A WALL BETWEEN THE GARAGE AND THE PATIO?

>> IT IS A COVER. >> WILL THIS BE THE SAME

ELEVATION? >> IT WILL BE 6 INCHES LOWER.

IT WILL STEP DOWN INTO THE COURTYARD.

>> SO, IF IT WAS UP 6 INCHES, AND THE WALKWAY WAS 3 FEET, AND THEY COUNTED THAT, YOU WOULD BE WITHIN THE AREA.

>> YES, TO THE SIDE OF THE HOUSE, YES.

>> I DON'T KNOW IF THE COVERED OR UNCOVERED MATTERS.

>> THE UPSTAIRS STORY IS ABOVE THAT AS WELL.

ABOVE THE GARAGE IS TWO STORIES. >> IT LOOKS LIKE STEPS.

>> IF YOU WERE TO TAKE THE WALKWAY OUT, IT WOULD --

>> IT IS 4-5 FEET. >> THAT IS NOT COUNTED IN THE 1.

>> NO, SIR, IT IS NOT. >> 7 FEET FROM THE WALKWAY, OR ?

>> THESE ARE THE COLUMNS ON THE WALKWAY SUPPORTING THE GARAGE STRUCTURE, ON THE OUTSIDE OF THAT PATH.

>> IF I WALK UNDER, IS THERE SOMETHING LOOKING UP AT ME?

>> THE UPSTAIRS, BUT. >> IT LOOKS 3-4 FEET.

IN THEORY, YOU SHOULD HAVE YOUR 10 FEET.

>> THIS IS WHERE THE MASTER BATHROOM IS.

THAT ONE CORNER WE HAVE THE SAME ISSUE.

>> DID YOU LOOK AT FLIPPING IT THIS WAY, I AM ASSUMING YOU WOULD HAVE THE SAME ISSUE, HORIZONTAL AS OPPOSED TO

VERTICAL. >> S, GETS TIGHT.

>> THAT MEASUREMENT IS FROM THE TOP CORNER OF THE POOL THIS IS WHERE THE LINES SHOW UP. THE POINT OF THE POOL, THE

DISTANCE THAT I MEASURED. >> WHAT IS IT ON THE OPPOSITE

SIDE. >> I BELIEVE IT IS 10 FEET.

I DON'T KNOW WHY THEY COULDN'T INCORPORATE THAT AS LONG AS IT

IS. >> THE DISTANCE ON THE OTHER

CORNER IS THE SAME. >> THAT IS CORRECT.

>> AND TWO HER POINT YOU COULD NOT ROTATE THE POOL.

>> THE WALL, THAT SURROUNDS THE COURTYARD IS A 1 FOOT WALL.

WE HAVE CUT THAT PIECE OUT, OVER GOAL, IF YOU GET TO WHERE THE

[00:40:07]

KITCHEN IS, BASICALLY, WE HAD IT WHERE WE HAD THIS LOOKING OUT.

THERE WAS A PUTTING GREEN RIGHT THERE.

THERE WAS A LOT OF APATHETIC -- ACTIVITY THERE.

IT WOULD BE. >> WE TALK ABOUT SAFETY, FLORIDA COMES TO MIND WHEN THE BULLS ARE 0-TO FEED AND THERE ARE PROBABLY A LOT MORE POOLS ON THEIR. IS OUR 10-FOOT RULE COMMON OR IS THIS AN ODDITY BECAUSE YOU THINK THEY WOULD DEAL WITH IT A LOT MORE DOWN THERE AND HAVE MORE EXPERIENCE OR IS IT US INTERPRETING IT DIFFERENTLY FROM MOST.

>> I AM NOT SURE EXACTLY WHAT OTHER CITIES WE CONSULTED WHEN DEVELOPING THEIR. FROM WHAT I HAVE BEEN TOLD, IT IS SPECIFICALLY FOR POOLS TO MAKE SURE PEOPLE ARE NOT JUMPING

FROM THE ROOFS INTO THEIR POOLS. >> I THINK WITH LIONIZE, YOU ARE REFERRING TO THOSE SCREENED AND POOLS.

THOSE ARE A LOT OF TIMES CONNECTED TO THE HOUSE.

AT THAT POINT THEY ARE PART OF THE HOUSE.

>> I AM THINKING OF LEGITIMATE POOLS THAT I HAVE SEEN.

THEY ARE FROM THIS GAVEL TO THE HOUSE.

>> THEY ALSO HAVE DECKS WHERE YOU CAN JUMP FROM.

>> DOES ANYONE ELSE HAVE QUESTIONS FOR BRIAN QUICK'S.

>> I DO HAVE THE POOL BUILDERS HERE YOU HAVE ANY QUESTIONS.

>> THANK YOU. >> DOES ANYONE WANT TO SPEAK TO THE POOL BUILDER OR OPEN THE PUBLIC HEARING? OPEN THE PUBLIC HEARING FOR ANYONE WHO HAS ANYTHING TO SAY

FOR OR AGAINST THIS. >> BRETT ( INDISCERNIBLE ).

AND DISCUSSIONS ON THIS, THE QUESTION CAME UP ON WHETHER THIS IS AN ODDITY. THERE HAS BEEN THEY -- DEBATE WITH THE INTERNAL STAFF AND MY CONVERSATIONS ON WHETHER POOLS ARE CONSIDERED ACCESSORY STRUCTURES ARE NOT.

I HAVE IT AS AN ACCESSORY STRUCTURE BECAUSE IT IS

TECHNICALLY NOT A STRUCTURE. >> THAT WAS MY POINT.

>> I JUST WANTED TO BRING THAT TO LIGHT.

IN CONVERSATIONS I HAVE HAD WITH MANY, THERE HAS BEEN DEBATE.

I WAS TRYING TO TRACK DOWN JOHN. I HAVE HAD THAT SPECIFIC CONVERSATION WITH HIM, IN REGARDS TO A SIMILAR CASE.

I JUST WANTED TO BRING THAT UP. >> DE WANT TO CLOSE THE PUBLIC

HEARING. >> CLOSE THE PUBLIC HEARING AND OPEN IT FOR A DISCUSSION OR MOTION.

>> SO IF THE POOL IS AT THE EDGE OF THE HOUSE, AND THEY PULL IT BACK 6-8 INCHES, THE ONE ON THE RIGHT-HAND SIDE BY THE KITCHEN SHOULD NOT COME INTO PLAY BUT THE ONE OF THE LEFT COULD COME INTO PLAY DEPENDING ON THE ELEVATION OF THE PATIO.

THEY MAY BE OKAY IF THEY PULLED THEIR DECK UP ABOUT 6 INCHES.

>> JOHN, OUT OF ALL OF THE YEARS WE HAVE DONE THIS, THIS IS THE LEAST INTRUSIVE REQUEST WE HAVE HAD.

HOW CAN THIS AFFECT ANYONE IN THE CITY OR HIS NEIGHBORS?

>> WE CAN MAKE THIS ARGUMENT ABOUT ANYTHING.

>> NO, EVERYTHING ELSE HAS SOMETHING ELSE.

>> WE ARE VIOLATING THE LAW WITH EVERY VARIANCE.

>> I AGREE. >> WE HAVE TO LOOK AT IT WITH A

PRACTICAL I. >> IT IS LIKE WITH THE POOL.

I WOULD ARGUE IT IS NOT A STRUCTURE.

BUT I DON'T MAKE THE LAWS. WITH OTHER THINGS UNDERSTAND, IF THEY SAY IT IS FOR A SAFETY ISSUE ARE THEY THROWING IT UNDER

THAT,. >> I HEAR WHAT YOU'RE SAYING BUT MY POINT IS, THEY MAY NOT EVEN HAVE TO BE HERE.

THAT IS BASICALLY WHAT I AM SAYING.

>> THERE IS NO ISSUE OR DOING AN APPEAL OF THE INTERPRETATION OF

[00:45:05]

SENSORY STRUCTURE EVERYONE WHO WANTS A POOL IS FREE FOREVER.

>> I THINK THAT IS AN ODD PART OF THE COLD.

>> THAT IS WEIRD. WHEN YOU'RE DIGGING UP THE GROUND. I WILL MAKE A MOTION TO APPROVE PL 2021-00226. (ROLL CALL).

[4. Variance to Table 5-2: Lot Area, Setback, Bulk Regulations and Parking Requirements: Neighborhood Conservation District of the City of Auburn Zoning Ordinance PL-2021-00227]

>> ALL RIGHT, PL-2021-00227. >> THIS IS A REQUESTS FROM GEORGE AND CECELIA HERNDON IN THE NC-12 ZONING DISTRICT.

THE VARIANCE REQUEST IS FOR TWO AND HALF FEET WHERE THE REQUIRED SETBACK IS 30 FEET. THE PROPERTY IS LOCATED ON WILSON STREET IN NC-12. HERE IS AN EXHIBIT SHOWING THE PROPOSED PORCH FRONT ADDITION. THE PORCH EXTENDS AS I SAID TO AN FEET OVER THE BUILDING SETBACK LINE.

I DID NOT RECEIVE -- I DID RECEIVE A CALL FOR INFORMATIONAL PURPOSES. I BELIEVE THE PROPERTY OWNER IS HERE. HE IS.

HERE IS A PICTURE SHOWING WHERE THE PATIO PORCH WOULD GO.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

>> ANY CORRESPONDENCE ON THIS. >> JUST ONE CALL FOR

INFORMATION. >> DOES ANYONE HAVE QUESTIONS FOR LOGAN? IS THE APPLICANT HERE?

>> I AM THE HOMEOWNER. WHAT WE ARE PROPOSING IS ADD A 10-FOOT WIDE FRONT PORCH. IT IS 21-FOOT LONG, CENTERS ON THE HOUSE FACING THE STREET. WE THOUGHT WE WERE CLEAR FOR A WHILE. WE SPOKE TO TWO DIFFERENT BUILDERS AND WERE GETTING READY TO MOVE AHEAD AND ADDED RESURVEYED. THIS IS WHAT I CALLED AN ABNORMAL CURVE IN THE STREET. IF YOU LOOK YOU CAN'T SEE A REASON FOR THE CURB BUT BOTH CORNERS OF MILES ON THE FRONT, I HAVE PLENTY OF ROOM FOR THE SETBACK TO BUILD A PORCH.

WHEN YOU GET TO THE CENTER, I'M 30 INCHES SHORT BECAUSE OF THE CURVATURE OF THE STREET. WE ARE ASKING FOR A VARIANCE OF 30 INCHES. IT WILL BE A COMPLETELY OPEN PORCH, THE PORCH OF CEILING FANS AND LIGHTS.

IT WILL BE SOMETHING THAT WILL MAKE MY WIFE HAPPY TO SIT ON HER FRONT PORCH AND VISIT WITH HER NEIGHBORS AS THEY WALK THE STREETS IN THE AFTERNOON, THAT IS SOMETHING SHE HAS WANTED FOR A LONG TIME. I HOPE YOU GIVE US CONSIDERATION FOR THAT. I AM HAPPY TO ANSWER ANY QUESTIONS. I DON'T KNOW WHAT ELSE TO TELL

YOU. >> THANK YOU.

>> DOES ANYONE ELSE HAVE ANY QUESTIONS?

>> THANK YOU. >> WE WILL OPEN THE PUBLIC HEARING FOR ANYTHING THAT MAY BE SAID FOR OR AGAINST THIS.

CLOSE THE PUBLIC HEARING AND OPEN TO THE BOARD FOR DISCUSSION

OR A MOTION. >> I THOUGHT HE MADE A GOOD POINT IT IS THE CURVE OF THE STREET AND INHIBITS THE VARIANCE , IT MAKES A LOT OF SENSE TO ME.

>> ANYTHING THAT ADDS TO THE HOUSE I AM ALL FOR THAT.

AND WE ARE TALKING TO AN ATHLETE.

[00:50:20]

>> I MAKE A MOTION TO APPROVE PL-2021-00227.

>> (ROLL CALL). >> OKAY PL-2021-00230.

[5. Variance to Table 5-2: Lot Area, Setback, Bulk Regulations and Parking Requirements: Neighborhood Conservation District of the City of Auburn Zoning Ordinance PL-2021-00230]

THE LAST CASE FOR THE EVENING. TWO DIFFERENT CASES.

ONE IS FOR A MINIMUM SIDE YARD SETBACK AND THE NEIGHBORHOOD CONSERVATION 11 DISTRICT. IT IS LOCATED AT 255 PAYNE STREET. YOU CAN SEE IT THERE.

JUST SOUTH OF BATCH AND NORTH OF ( INDISCERNIBLE ).

THE APPLICANTS ARE REQUESTING, ONE REQUEST FOR A VARIANCE OF 9 FEET TO THE MINIMUM 12 FEET TO ALLOW A SETBACK OF 3 FEET ON THE HOMES OF NORTHSIDE. THE SECOND REQUEST IS FOR 9 FEET-4 INCHES TO THE REQUIRED TOTALS YARD SETBACK UP 25 INCHES TO ALLOW A TOTAL SIDE YARD SETBACK OF 15.8 INCHES.

THEY DO HAVE A MINIMUM SIDE IN CASES WHERE, THE REQUEST WILL EQUAL LESS TOTAL SIDE ACCUMULATIVE OF BOTH SIDES PUT TOGETHER. THIS IS REGARDING JUST ONE SIDE

OF THE HOUSE. >> THIS IS A SITE PLAN OF THE PROPOSAL. THIS IS THE THIRD TIME THAT YOU WILL HEAR THIS CASE. THE FIRST TWO WERE IN 2016, WHEN IT WAS FIRST CONSIDERED THERE WERE CONCERNS ABOUT THE PROXIMITY, THE SECOND TIME THERE WERE SPECIFIC CONCERNS REGARDING DRAINAGE AND FIRE SAFETY. THE APPLICANT CAME BACK TO US AND PRESENTED YOU WITH REVISED SITE PLANS THAT SHOWED MATERIAL THAT THEY DID TO FACILITATE THIS.

YOU CAN SEE IF THAT WILL ALLEVIATE YOUR CONCERNS.

THIS IS THE CARPORT EXTENSION THAT WOULD BE ON THE SIDE CLOSEST TO THE NEIGHBORING HOME. THAT IS IMPORTANT TO NOTE, EVEN WITH A VARIANCE APPROVAL THAT WAS NOT CONCERNED ABOUT FIRE SAFETY. ANYTHING WOULD HAVE TO MEET A BUILDING CODE WHICH DOES TAKE INTO CONSIDERATION, THE FIRE

SAFETY OF THE STRUCTURE SPIRIT. >> WE DID HERE A LOT OF CORRESPONDENCE FROM THE NEIGHBORS.

WE HEARD FROM THE ADJACENT NEIGHBORS FROM THE NORTH AND SOUTH THEY WERE IN SUPPORT. SINCE THEN WE HAVE HEARD FROM THE NEIGHBORHOOD ASSOCIATION AS WELL IN SUPPORT OF THEIR REQUEST. THIS IS A SITE PLAN THAT SHOWS THIS WAS PART OF THEIR REMODEL. THIS IS A PICTURE OF THE SIDE BETWEEN THE TWO BUILDINGS. THE SIDE ON THE RIGHT YOU CAN SEE THE COVERED AREA. THAT IS WHERE THE COVERED CARPORT WOULD BE. THE ADJACENT HOUSE TO THE LEFT, IT SHARES A DRIVEWAY. THEY RECENTLY PUT IN A STRUCTURE THEMSELVES. THIS IS FOR THEIR OWN GARAGE, THE POSITION THEY PUT IT IN WOULD NOT IMPACT THE FIRE SAFETY OF THIS. THE REPRESENTATIVE IS HERE.

ANY OTHER QUESTIONS? >> SO THERE IS NOTHING PERMITTING THE NEIGHBOR FROM DOING THE SAME THING?

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