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[ROLL CALL]

[00:00:19]

>> ALL RIGHT, . CALLING ROLL]

[APPROVAL OF MINUTES]

>> I WILL MAKE A MOTION TO APPROVE THE MINUTES OF JUNE 2ND,

2021. >> SEC.

>> FROST ROLL LYNNES? >> YES.

>> EMMY SORRELS? YES KIM WHITE YES JOHN HUF YES.

[CHAIRMAN'S OPENING REMARKS]

THE COMMUNICATION TO MAY WITHIN 15 DAYS AFTER SUCH DECISION APPEAL TO THE CIRCUIT COURT HAVING JURISDICTION ACCORDING TO SEC 908.02 OF THE ZONING ORDINANCE OF THE CITY OF AUBURN, ALABAMA. [INDISCERNIBLE] OF FIVE MEMBERS WHEN POSSIBLE. ALL DECISIONS ARE MADE WITH A ROLL CALL VOTE AND A CONCURRING VOTE OF FOUR MEMBERS THE REQUIRED TO APPROVE APPLICATION FOR VARIANCE.

[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-2021-00293]

ANY OLD BUSINESS? >> THE ITEM ON TONIGHT'S AGENDA IS A CARRY OVER FROM LAST MONTH'S MEETING.

>> OH. AND I GUESS WE'LL GO AHEAD AND START WITH THAT REQUEST, PL-2021-00293.

>> YES, YOUR ONLY CASE TONIGHT IS A SET BACK VARIANCE LOCATED AT 211AL LON COURT IN THE NC20 ZONING DISTRICT, A VARIANCE OF 30-FEET TO THE MINIMUM REQUIRED 45 REAR YARD SETBACK TO ALLOW A REAR YARD SETBACK OF 15-FEET. THE LOCATION IS AT THE INTERSECTION OFFAL LON COURT AND SOUTH COLLEGE STREET.

THE SURROUNDING AREA IS ENTIRELY NC-20 LIKE THE SUBJECT PROPERTY.

YOU MIGHT RECALL A COUPLE OF MONTHS AGO, HAD ANOTHER REQUEST ON THE OPPOSITE SIDE OF THE STREET, JUST TO GET YOUR BEARINGS IN THAT AREA. THIS IS THE SITE PLAN FOR THE HOME. THIS IS ON THE NORTH SIDE OF THE INTERSECTION ON THE TALON COURT SIDE.

THE HOME ITSELF IS -- OR, EXCUSE ME, THE LOT IS APPROXIMATELY 35,900 SQUARE FEET AND IS LOT 7 OF THE TALON SUBDIVISION.

IT'S CURRENTLY VACANT BUT ALONG WITH THE REST OF THE NEIGHBORS, IT WILL BE A SINGLE FAMILY HOME WITH THE EXCEPTION OF THE LOT BACK BEHIND IT WHICH IS TO BE AN AMENITY LOT, AS YOU CAN SEE ON THE SITE PLAN HERE. THE APPLICANT WANTS TO BRING THE REAR SETBACK AS SHAWN IN THE SHADED AREA RIGHT THERE AND REDUCE THAT TO 15-FEET. THE BUILDABLE AREA WITHIN THIS LOT WITHOUT THE VARIANCE WOULD ALLOW FOR A HOMESITE THAT IS COMPARABLE TO THE OTHER HOMES IN THE SUBDIVISION.

HAVE NOT RECEIVED ANY CORE SPAWN DANCE FOR THIS CASE AND SUBJECT TO QUESTIONS FROM STAFF. THE APPLICANT IS HERE TONIGHT.

>> OKAY. APPLICANT?

>> WE'RE WITH THE FOUR SIDE GROUP REPRESENTING THE APPLICANT HERE. WHEN WE WERE FIRST LOOKING AT DOING THIS SUBDIVISION, WHAT? FOUR OR 5 YEARS AGO? WE WERE RUNNING INTO PROBLEMS WITH THE NEIGHBORS IN REGARDS TO BASICALLY THEM NOT SEEING THIS AS A SUBDIVISION AREA.

WE HAD AN EXTENSIVE MEETING WITH MAYOR HAMM AND DR. BENNETT WHO WAS THE MAYOR'S REP AT THE TIME AND TALKED ABOUT OUR DESIGN AND WHAT WE WERE THINKING ABOUT FOR THIS DEVELOPMENT AND SOME OF THE ITEMS WE DISCUSSED AND TALKED ABOUT DOING AS PART OF THAT MEETING, IT WAS FACILITATED BY PLANNING STAFF WAS TALKING ABOUT

[00:05:06]

TRYING TO MAKE THE STREET SMALLER IN SCALE AND MORE INTIMATE, MAKING IT MORE DECORATIVE AS OPPOSED TO WHAT YOU HAVE OUT THERE NOW, GRAN NET CURBING, DIFFERENT TYPES OF AILMENT TIMES. THERE'S STUFF LIKE THAT THAT WE WERE TALKING ABOUT THAT DR. BENNETT WAS RECOMMENDING WE DO WE IMPLEMENTED. TWO OTHER REQUESTS WAS THAT THE HOMES FRONTING SOUTH COLLEGE, THEY WANTED THE FRONT DOORS TO FACE SOUTH COLLEGE AND THE OTHER CONCERN WAS THE LOCATION OF THE HOUSE IN RELATION TO SOUTH COLLEGE.

IF YOU GO BACK UP TO THAT PROXIMITY MAP, YOU CAN SEE WHERE THIS IS AT. GREEN OUT LINES ARE THE EXISTING HOMES THAT ARE BUILT. THE ONE TO THE SOUTH OF US IS PLUS OR MINUS 60 OR 70-FEET. THE FRONT OF THE BUILDING IS OFF THE CURVE. TO THE NORTH OF THIS LOT, THAT HOUSE IS ALMOST 200-FEET OFF OF SOUTH COLLEGE SO THE THOUGHT PROCESS IS WHEN YOU'RE COMING IN, YOU DON'T HAVE HOMES RIGHT UP ON THE STREET THAT THEY'RE KIND OF SET BACK AND THAT WE KIND OF DON'T BREAK UP THAT VISION LINE.

WE TOLD THEM THAT WE WOULD TRY TO DO THAT BUT PROBABLY PART OF THAT WOULD REQUIRE A VARIANCE TO SLIDE SOME OF THESE BACK, SO THAT'S WHAT WE'RE HERE BEFORE YOU TONIGHT.

THE ONE ON THE SOUTH SIDE, ONE THE CRITICAL.

WE TRIED TO KEEP THAT ONE AS FAR BACK BUT THE HOUSE TO THE SOUTH OF THE HOUSE BEING BUILT RIGHT NOW IS ONLY ABOUT 70-FEET BACK.

IT'S NOT 200-FEET LIKE THE DRASTIC DIFFERENCE WE HAVE ON THE NORTH SIDE. THE WAY THIS ZONING IS SET UP IN THE NC-20 ZONING ARE FRONT SETBACK IS 40-FEET AND OUR REARK IS 40-FEET U FRONT SETBACK IS 40-FR FRONT SETBACK IS 40-FEET AND OUR REAR SETBACK IS 45.

IF WE ORIENT THIS HOUSE TOWARDS SOUTH COLLEGE WE HAVE A 40-FOOT AND THEN A 45 IN THE REAR AND THEN A 25-FOOT SET BACK OFF THE INTERYORE STREET AND 5-FOOT ON THE OTHER ONE.

IF WE FLIP THAT AND OR YEN AT A TIMED THE HOUSE AND CALL THE FRONT TALON'S COURT THERE, IT FLIPS ALL THAT AND REDUCES OUR SIDE SETBACKS AND ALLOWS US TO PULL THE HOUSE OFF BUT WE JUST DON'T HAVE OUR FRONT FACING SOUTH COLLEGE LIKE WE WERE ASKED TO DO IN THE INTENDED USE. THE OTHER PART OF THIS IS WE CAN'T HAVE ACCESS FOR A DRIVEWAY OFF SOUTH COLLEGE.

WE CAN ONLY HAVE DRIVEWAY OFF OF TALON'S COURT.

THE SLOPE FALLS, YOU CAN SEE ON THE SITE PLAN, WE HAVE A RETAINING WALL BACK IN THERE. WE ENDED UP REROUTING THE STREAM, PIPING A STREAM AROUND THERE AND THAT SITE FALLS OFF PRETTY GOOD. WE'RE RACING THAT UP FIVE OR 10-FEET SO TRYING TO GET A DRIVEWAY, WE'RE TRYING TO PUSH THE DRIVEWAY TOWARDS SOUTH COLLEGE.

IF WE HAVE THAT SETBACK TIGHT TO THERE, OUR DRIVEWAY IS GOING TO BE REALLY TIGHT TO SOUTH COLLEGE.

THE WHOLE INTENT OF THIS IS NOT TO BUILD A BIGGER HOUSE, IT'S REALLY TO BUILD THE SAME HOUSE BUT JUST SLIDE IT BACK ON THE LOT THAT IS FURTHER BACK THAT KIND OF KEEPS IN WHAT OUR DISCUSSIONS WERE ON THE CITY TRYING TO GET THE HOUSE ON THIS SIDE BACK AND OUR NEIGHBOR TO THE REAR IS ONLY ON AN AMENITY LOT. JUST SO YOU KNOW, THE HOME OWNER TO THE NORTH IS THE FAMILY THAT SOLD THIS PROPERTY.

THEY'RE AWARE AND ON BOARD WITH WHAT WE'RE PROPOSING TO DO.

I KNOW THAT WAS A LOT OF INFORMATION.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS IF YOU HAVE ANY.

>> WHEN YOU SAY THE LOT I GUESS IT'S TO THE EAST, THAT'S OUT

DOOR RECREATIONAL USE? >> THAT'S JUST AN AMENITY LOT.

>> LIKE A PUBLIC AREA? >> FOR THE NEIGHBORHOOD, YEAH.

IN MOST TRADITIONAL NEIGHBORHOODS HERE, OPEN SPACE IS USUALLY A REQUIREMENT. IT'S NOT A REQUIREMENT IN THE NC ZONING. I DON'T THINK WE HAD AN OPEN SPACE REQUIREMENT. WE JUST DID IT BECAUSE WE HAD A LEFTOVER LOT THAT WE COULDN'T DO ANYTHING ELSE WITH.

>> SO THAT'S YOUR ARGUMENT FOR LOT 7, WHAT'S YOUR ARGUMENT FOR

[00:10:04]

LOT 1? >> WHAT DO YOU MEAN?

>> WHICH WAY DOES LOT 1 FACE THE HOUSE?

>> IT FACES SOUTH COLLEGE. >> IT FACES SOUTH COLLEGE?

>> UH-HUH. >> OKAY.

SO IF IT FACES SOUTH COLLEGE WHICH I DON'T KNOW WHEN I HAVE DRIVEN BY I DON'T LOOK THAT WAY BUT I'LL BELIEVE YOU, DID YOU ASK FOR A VARIANCE ACROSS? IT'S NOT FITTING ACROSS ON LOT 7? IF YOU LOOK AT LOT 1 COMPARED TO LOT 7 IT KIND OF LOOKS ABOUT THE SAME SO I GUESS I'M KIND OF CONFUSED. IF YOU'RE SAYING IT WORKED ON LOT 1, I'M SOON FUSED ON WHY I DOESN'T WORKCFUSED ON WHY I DOESN'TOFUSED ON WHY I DOESN'TNFUSED ON WHY I

DOESN'T WORK ON LOT 7. >> CAN YOU GO BACK TO THE PROX MAP? THE HOUSE AJAY SEN OF LOT 1, THAT HOME IS ONLY PLUS OR MINUS, ABOUT 70.

>> DO YOU OWN THAT PROPERTY? >> NO.

>> I'M NOT TALKING ABOUT THAT HOUSE, I'M TALKING ABOUT THE ONE

THAT'S BEING BUILT RIGHT NOW. >> RIGHT.

THE HOME CAN'T BE ANY CLOSER TO 45.

ON THAT PARTICULAR HOME, I DON'T KNOW, WHAT DO YOU THINK? THE FRONT PORCH MAKES IT PRETTY CLOSE TO THAT LINE BUT THEN IT JUTS BACK AND AROUND. I THINK THE POINT WAS WE WERE WANTING THE HOUSES TO BE STACKED AND THEN YOU HAVEN WANTING THE HOUSES TO BE STACKED AND THEN Y' WANTING THE HOUSES TO BE STACKED AND THEN YI WANTING THE HOUSES TO BE STACKED AND THEN Y WANTING THE HOUSES TO BE STACKED AND THEN YT WANTING THE HOUSES TO BE STACKED AND THEN YOU HAVE THIS ABRUPT.

THEY WOULD STAGGER SO YOU HAVE THIS ONE BACK AND THIS 1200-FOOT BACK. THAT WAS THE INTENT OF WHAT DR. BEN NIT AND MAYOR HAMM AT THE TIME WAS REQUESTING US TO

DO. >> OKAY.

YOU'RE SAYING LOT 1? >> I DON'T UNDERSTAND THE DIFFERENCE BETWEEN LOT 1 AND LOT 7.

THE 3 TO THE SOUTH ALL LINE UP AND LOOK LIKE THEY'RE ABOUT THE

SAME OFF THE SOUTH COLLEGE. >> THEY'RE ABOUT 70-FEET OFF.

>> OKAY. >> SO THEY'RE FURTHER BACK THAN

LOT 1. >> OKAY.

>> BUT LOT 1 AND LOT 7 SEEM TO BE ABOUT THE SAME SIZE LOT SO HOW CAN YOU MAKE IT WORK ON LOT 1 WITHOUT A VARIANCE AND YOU

CAN'T MAKE IT WORK ON LOT 7? >> YEAH.

LOT 7 IS TWICE AS BIG AS LOT 1. IT'S BIGGER IN SIZE.

WHAT WE'RE TRYING TO DO -- >> THAT WOULD MAKE IT EASIER.

>> BUT IF YOU WANT THE FRONT 45-FEET OFF OF SOUTH COLLEGE, I THINK WHAT WE'RE TRYING TO SAY IS WE'RE TRYING TO BUILD THE SAME FOOT FINGERPRINT BUT WE'RE TRYING TO SLIDE IT BACK INTO THE LOT SO IT'S NOT AS CLOSE TO SOUTH COLLEGE.

>> GO TO THE OTHER -- WHAT WAS THE OTHER SLOT.

THANK YOU. IT LOOKS LIKE THAT LOT IS A LITTLE BIT DEEPER SO I GUESS YOU COULD SLIDE IT BACK 5 OR 10-FEET

WITHOUT A VARIANCE. >> YEAH, WE'RE TRYING TO BASE THE ENVELOPE TO WORK OFF OF TO SITE A HOUSE OFF THIS.

WHEN SCOTT AND I MET WITH THE CITY, THEY ASKED US TO PUSH THIS THING BACK AS FAR AS WE CAN WE'RE IN THE PROCESS OF DOING THAT. IF WE GET THE VARIANCE, WE CAN SLIDE THIS THING BACK AND DO IT. IF WE CAN'T, THEN WE'RE GOING TO HAVE TO DEAL WITH PUTTING IT WITHIN THE ENVELOPE THAT DOESN'T

REQUIRE A VARIANCE. >> SO THIS IS BASICALLY A DESIGN

INTENT ISSUE? >> WELL, IT'S ME AND SCOTT UPHOLDING OUR WORD TO THE MAYOR AND CITY STAFF 5 YEARS AGO WHEN WE TALKED ABOUT SLIDING THIS STUFF BACK.

WE'RE TRYING TO BE MEN OF OUR WORD, BUT ALSO, YES, IF WE SLIDE THE HOUSE BACK, IT'S MORE FOR OF ARCHITECTURAL INTENT AND GETTING IT TO FITE INTO CHARACTER WITH THE SAY JAY SENT PROPERTIES IS WHAT WE'RE TRYING TO DO. WE'RE NOTASENT PROPERTIES IS WH

[00:15:01]

WE'RE TRYING TO DO. WE'RE NDSENT PROPERTIES IS WHAT WE'RE TRYING TO DO. WE'RE NJSENT PROPERTIES IS WHAT WE'RE TRYING TO DO. WE'RE NESENT PROPERTIES IS WHAT WE'RE TRYING TO DO. WE'RE NCSENT PROPERTIES IS WHAT WE'RE TRYING TO DO. WE'RE NENSENT PROPERTIES IS WHAT WE'RE TRYING TO DO. WE'RE NTSENT PROPERTIES IS WHAT WE'RE TRYING TO DO. WE'RE NENT PROPERTIES IS WHAT WE'RE TRYING TO DO. WE'RE NNT PROPERTIES IS WHAT WE'RE TRYING TO DO. WE'RE NT PROPERTIES IS WHAT WE'RE TRYING TO DO. WE'RE N PROPERTIES IS WHAT WE'RE TRYING TO DO. WE'RE NPROPERTIES IS WHAT WE'RE TRYING TO DO. WE'RE N PROPERTIES IS WHAT WE'RE TRYING TO DO. WE'RE NOT TRYING TO INCREASE.

IT'S JUST SLIDING THIS THING BACK INTO THE LOT.

WE DO HAVE A TOPO FALL DOWN. THE HOUSE ON GARAGE ONE HAS HAS A GARAGENE HAS HAS A GARAGE COMING UP.

IT'S GOING TO BE 8 TO 10-FEET BELOW THE HOME THAT'S THE FRONT OF THE HOUSE FACING SOUTH COLLEGE SO THERE'S A GRADE ISSUE, TOO, ON THE NORTH SIDE OF TALON COURT.

>> SO IT'S A MATTER OF KEEPING YOUR RELATIVE TO A DESIGN

INTENT? >> CORRECT.

>> MY QUESTION WITH THAT IS THAT HAPPENED BEFORE IT WAS PLATTED, RIGHT? WHY WASN'T THAT INCLUDED IN THE

PLAT? >> WHAT'S THAT NOW?

>> THIS WORD THAT YEAR TRYING TOO KEEP.

>> YEAH, THEY SAID TO TRY TO PUSH IT BACK.

>> WE HAVE HAD PEOPLE COME BEFORE US BEFORE THAT WENT

BEFORE PLANNING, IS THAT RIGHT? >> YEAH.

>> THEY WILL COME AND ASK FOR THE VARIANCE AND GET THE RULES AND ALL THAT DOWN AND THEN GO FOR PLANNING, IS THAT RIGHT?

>> WAIT, WAIT, SHE'S SAYING NO. >> FOR A SUBDIVISION PLAT?

>> I JUST WEB THERE WAS A CASE WHERE SOMEBODY CAME BEFORE US.

I DON'T REMEMBER THE EXACT CASE BUT BASICALLY THEY WERE LIKE --

>> OKAY, I THINK WHAT YOU'RE REFERRING TO MAY BE BLANKET VARIANCES FOR AN ENTIRE SUBDIVISION THAT'S BEING DEVELOPED. SO PRIOR TO THOSE LOTS EVEN

BEING DEVELOPED. >> CORRECT.

>> YES. >> WHICH WOULD BE WHAT THIS

WOULD BE. >> WELL, KNOW, THESE HAVE BEEN

PLATTED. >> NO, NO, NO.

I'M SAYING BEFORE THEY WERE PLATTED, THEY COULD HAVE COME BEFORE US AND SAID THESE ARE THE VARIANCES, WHICH IS WHAT YOU'RE

SAYING. >> THAT'S TYPICALLY NOT --

>> IT'S ODD BUT SOMEBODY CAME BEFORE US AND DID THAT IF I

RECALL >> THERE HAVE BEEN A FEW BUT I THINK THEY HAVE BEEN FOR BLANKET VARIANCES WHERE ONE PHASE HAS BEEN PLATTED BUT OTHER PHASES HAVE NOT.

>> THE ONLY THING I'M THINKING OF IS WOODWARD EKES.

>> THAT'S A WHAT I'M THINKING. >> WE DESIGNED THE HOMES FOR A 10-FOOT SETBACK TO HAVE GARAGES IN THE REARS AND HAVING LONGER DRIVEWAYS. WE ENDED UP AMENDING THE PDD AND THERE'S AN INCENTIVE AND EXCHANGE AGREEMENT AS PART OF THE PDD, IF YOU AGREE TO CERTAIN INCENTIVES AND WE ENDED UP JUST ROLLING VARIANCES. AT THE TIME, FOREST WAS NOT COMFORTABLE HAVING IT BLANKET UNTIL HE SAW IT SO WE CAME BEFORE YOU GUYS, GOT THE VARIANCE, THAT WAS AFTER THE PLAT, GOT THAT, AND ONCE IT GOT BUILT AND HE THOUGHT THAT IT

LOOKED GOOD -- >> PD D LIKE A PUD?

>> YEAH. BUT YOU'RE RIGHT, WE GOT A VARIANCE BUT AFTER IT GOT PLATTED.

>> IS THIS HOME DESIGNED ALREADY?

>> ABOUT HALFWAY. >> SO THERE'S NO ADVANTAGE INCURRED IN REDUCING YOUR BUILDABLE AREA, BASICALLY.

THAT'S A DISADVANTAGE, REALLY. >> WELL, I THINK PART OF THAT IS WHERE YOU'RE GOING TO ACCESS IT. REDUCING THE BUILDABLE AREA JUST IN REGARDS TO SHIFTING IT BACK? I DON'T THINK -- I GUESS, YEAH, YOU COULD. I THINK IF IT'S GOING THAT WAY, WE WOULD PROBABLY JUST REORIENTATE AND MAKE IT TO OUR ADVANTAGE. WE'RE TRYING TO KEEP THE HOUSE

FACING SOUTH COLLEGE. >> IT SAYS HERE LOT 1A NEARING COMPLETION AND ALSO HAS ENTRANCES FACES BOTH STREETS.

SO IS LOT 1A A SOUTH COLLEGE ADDRESS OR TALON ADDRESS?

>> SOUTH COLLEGE. >> I'M SORRY, FROST, BECAUSE I

INTERRUPTED YOU EARLIER. >> NO, GO AHEAD.

I'M CONFUSED ABOUT THE TIME LEA. I UNDERSTAND THAT YOU HAD THESE CONVERSATIONS WITH MAYOR HAMM AND THEM 5 YEARS AGO BUT THIS WASN'T PLATTED UNTIL MORE RECENTLY THAN THAT.

WHEN YOU MADE THE PLAT, WHY DIDN'T YOU JUST CUT DOWN THE

[00:20:03]

AUXILIARY LOT OR SOMETHING. >> THE SETBACKS ARE NOT PART OF THE PLAT. THE ORIENTATION OF THE HOME SETS THE FRONT AND SIDE SETBACKS. THOSE ARE THE BOUNDARIES.

WE'RE COMING BEFORE YOU BECAUSE IF WE ASSUME THE HOUSE IS ORIENTATEKED TO COLLEGE AND WE HAVE A 45-FOOT REAR SET BACK AGAINST OUR AMENITY LOT, THAT'S OUR INTENT.

IF WE SAY OUR FRORNT IS TALON COURT ANDFRONT IS TALON COURT AND OUR REAR IS TOWARD THE NORTH, WE ONLY HAVE A 15-FOOT SIDE SETBACK AND I ONLY HAVE A 25-FOOT SETBACK AGAINST SOUTH COLLEGE BUT A 450-FOOT OFF TALON COURT AND A0-FOOT OFF TALON COURT AND A 45 SO YOU CAN. REORIENTATE THE HOUSE AND GET IT TO WORK BUT I DON'T THINK THE BEST INTEREST OF THE CITY, ALL THOSE HOMES ALONG SOUTH COLLEGE ARE FACING SOOTH COLLEGE SO THAT'S WHAT WE'REUTH COLLEGE SO THAT'S WHAT WE'RE TRYING TO

MAINTAIN. >> YOU CAN DO AN ADMINISTRATIVE REPLAT. HE CAN DO THAT, RIGHT?

>> UH-HUH. >> SO HE WOULDN'T HAVE TO GO THROUGH PLANNING OR ANYTHING ELSE, JUST DO IT

ADMINISTRATIVELY. >> MOVING THE LOT LINE BETWEEN

THE LOT AND LOT 7? >> CORRECT.

>> THE CITY IS HERE TODAY. DOES THE CITY HAVE ANY SAY AS TO WHETHER THEY WOULD LIKE THE HOUSES FURTHER BACK ON SOUTH COLLEGE. IS THAT A --

>> BECAUSE THIS IS A SUBDIVISION PLAT, THERE ARE NO CONDITIONS.

IF YOU MEET THE SUBDIVISION REGULATIONS, THAT'S HOW THE VOTE IS AND HE MEETS THE NC-20 SETBACK, SO THAT'S ALL THAT

WE'RE LOOKING FOR RIGHT NOW. >> SO WHY COULD YOU NOT MOVE

THAT LOT LINE BACK? >> THE REAR LOT LINE?

>> UH-HUH. >> I GUESS IN THEORY YOU COULD.

THERE'S SOME DRAINAGE EASEMENTS AND SEWAGE EASEMENTS BUT I GUESS YOU COULD, IN THEORY, MOVE THE PROPERTY LINE BACK AT OF THAT AMENITY AREA. WE WOULD HAVE TO SHIFT THE

AMENITY BUILDING. >> IS IT BUILT? HUH-UH. THAT'S JUST AN ACCESSORY, RIGHT?

>> NOT IF IT'S ON ITS OWN LOT, NO.

>> I GUESS YOU COULD IN THEORY SHIFT THE PROPERTY LINE BACK THERE AND REDUCE THE AMENITY LOT.

>> IS THERE A MINIMUM? >> AT THAT POINT IT WOULD BE AN OUT DOOR RECREATION USE AND I DON'T KNOW WHAT THE SETBACKS

ARE. >> OR A SIZE IS MORE OF THE

QUESTION. >> I DON'T THINK THERE'S A MINIMUM SIZE. WHAT'S LEFT OVER IS WHAT IT WAS, IF I RECALL. I'M GOING OFF OF MEMORY.

>> ANY OTHER QUESTIONS OR COMMENTS?

>> THERE WOULD BE A -- BY ADJUSTING THE PROPERTY LINE AND MOVING THE BUILDING BACK TO THE AMENITY BUILDING, THEY WOULD HAVE TO SOON SENT WITH, LIKE BRETT WAS SAYING, THE EASEMENTS THROUGH THE THAT AMENITY SITE BECAUSE THEY WOULDN'T BE ABLE TO PUT THE BUILDING ON THE EASEMENT, HOWEVER, THERE DOES APPEAR THAT THERE COULD BE SOME AREAS BACK THERE TO RELOCATE THE STRUCTURE ONTO BUT THAT'S REALLY FOR BRETT TO SAY YAY OR NAY.

>> WE WOULD JUST HAVE TO LOOK AT IT.

>> BUT HE'S TALKING ABOUT DOING BASICALLY A YARD AND YOU CAN HAVE AN EASEMENT GOING DOWN THE BACK OF YOUR YARD IF YOU'RE NOT

BUILDING ON TOP OF SET EASEMENT. >> CORRECT.

>> IT'S JUST UNDER GROUND RETENTION -- [INAUDIBLE]

>> GOT YOU. BRETT, ARE YOU LOOKING SOMETHING

UP TO SHOW US? >> NO, I DON'T HAVE ANYTHING.

>> ANYTHING ELSE? ANY OTHER QUESTIONS? OKAY. THANK YOU.

>> IF YOU GOT UNDERGROUND HOLDING AREA, WHICH I'M HEARING

[00:25:09]

YOU SAY, THAT STILL WOULDN'T MATTER.

YOU CAN MOVE THAT LOT LINE BACK AND STILL HAVE THAT EASEMENT.

>> DO YOU WANT ME TO ANSWER YOU? >> YEAH, SOMEBODY.

>> I THINK IT COULD BE DOABLE. I THINK THERE'S QUITE A BIT

UNDER THAT ONE LINE. >> THE WHOLE LOT?

>> YEAH, YOU'RE TRYING TO ORIENTATE --

>> DO WE HAVE A PICTURE? IT LOOKED LIKE IT HAS A VALLEY

IN IT. >> TO THE RIGHT, THAT'S ALL

EIGHT ROWS OF CHAMBERS. >> YEAH, THERE'S A CULVERT THAT COMES UNDER SOUTH COLLEGE THERE SO IT RUNS DOWN OUR STREET AND IT RUNS DOWN THE SHARED PROPERTY LINE AND HAS AN EASEMENT ON IT AND THEN RIGHT ON THE SHARED LOT LINE AT THE REAR OF THIS LOT AND ON THE AMENITY LOT AND THEN NEXT TO THAT IS WHERE THE UNDER GROUND DETENTION SYSTEM THAT SCOTT'S REFERRING TO --

>> I THINK I COULD MAKE IT WORK IF THAT MAKES IT EASIER ON

EVERYBODY. >> TO BE QUITE HONEST WITH YOU WITH YOU HAVING UNDER GROUND RETENTION THERE, THAT MAKES A HUGE -- THAT MAKES A DIFFERENCE TO ME IN YOUR ARGUMENT.

>> WE WERE TRYING TO PRESERVE THE LAWN AS AN OPEN SPACE BUT, YEAH, I WANT TO SAY WE HAVE A PRETTY BIG PIPE.

THE BOX CULVERT COMING UNDER THE ROAD WAS BUILT LIKE IN THE 20S.

IT'S LIKE 8 BY 8. AT THE END OF THE DAY, IT WAS ONLY ABOUT FIVE OR 6 ACRES UPSTREAM DRAINING THROUGH IT SO WE HAVE LIKE A 36-INCH PIPE ROUTING THROUGH THIS SYSTEM THROUGH HERE AND HAVE AN UNDERGROUND RETENTION SYSTEM SO WE PUT IT UNDER GROUND AND MADE THIS LAWN OVER THE TOP OF IT.

THAT'S WHAT THIS LOT ESSENTIALLY BACKS UP TO, THAT STORM PIPE AND THEN THAT SEPARATE UNDER GROUND DETENTION SYSTEM BACK THERE.

>> SO IT'S NOT BUILDABLE? >> IT'S NOT, NO.

THE ONLY AREA WE COULD PUT ANYTHING.

>> IS WHERE YOU HAVE THAT BUILDING.

>> IS WHERE WE HAVE THAT GAZEBO. THAT'S ABOUT THE ONLY BUILDABLE AREA. WE HAVE W5U8S TO DEAL WITH THE GRATES BUT THAT'SWALLS TO DEAL GRATES BUT THAT'S REALLY THE

ONLY PLACE -- >> RIGHT HERE?

>> SCOTT, WERE YOU SAYING SOMETHING?

>> YEAH, I THINK I'M LOOKING AT MOVING FURTHER EAST BACK DOWN ON THE OTHER SIDE. TO ME, IT'S GOING TO BE THE SAME HOUSE REGARDLESS AND SO TO ME, TO BRETT'S POINT, I KNOW YOU GET A LOT OF GUYS TRYING TO -- THIS HAS NOTHING TO DO OTHER THAN THE FACT THAT IT'S GOING TO MAKE THE STREET LOOK BETTER, DRIVING DOWN AND GETTING HIT IN THE FACE WITH TWO HOMES.

>> I AGREE. >> THAT WAS THE WHOLE REASON WE SAT AROUND THE TABLE AND SAID -- AND I THINK IT'S EVEN IN THE MINUTES. THAT'S WHY WE DIDN'T GO BACK.

I THINK THEY KEPT MINUTES OF THAT MEETING.

I WENT THROUGH A DIFFICULT TIME DOING THIS SO THAT WAS ONE OF THE TIMES THAT I WANTED TO MAKE IT LOOK LIKE IT WANTED TO BE THERE, NOT THAT ANYBODY GAVE A RIFF ABOUT WHAT GOING DOWN THAT STREET SHOULD BE, SO THAT'S ALL WE'RE DOING.

IF I NEED TO MOVE A LOT LINE, IF THAT MAKES IT EASIER, I WANT TO LOOK AT MOVING THE AMENITY BUILDING TO DO THAT.

>> I'M THE OWNER OF IT. IT'S THE SAME HOUSE.

>> HOW LASHLG IS THE HOUSE? IT SEEMSLARGE IS THE HOUSE? IT SEEMS LIKE WHEN WE LOOK AT ITEM D, YOU HAVE 8800 BUILDABLE, IS IT AN 8,000 SQUARE FOOT HOUSE?

>> NO, EITHER WAY IT'S THE SAME HOUSE.

I DON'T KNOW. >> THAT'S WHY I'M CONFUSED.

>> THE FIRST FLOOR IS 4,200. >> EVEN THAT FITS QUITE EASILY

IN WHAT'S ALREADY PROPOSED. >> IT'S NOT A FITTISH.

>> SO WHAT WILL THE SOUTH SETB? >> THEY'RE CHANGING THE BACK SET

LINE. >> BUT THE WHOLE ARGUMENT IS TO

PUSH IT BACK FROM THE ROAD. >> IF WE'RE SLIDING IT BACK 30-FEET, WE'RE GOING TO BE BACK --

>> SO YOU'RE GOING TO BE 70-FEET.

>> SO IF WE DID THIS, I WOULD WANT TO CONCERN IT ON THAT,

[00:30:01]

OTHERWISE THIS GIVES THEM FREE REIGN TO GO ALL THE WAY UP TOO

COLLEGE OR ALL THE WAY BACK. >> WE DON'T DISAGREE.

YES. THAT'S WHAT I WAS TRYING TO EXPLAIN. IT'S NOT LIKE WE'RE TRYING TO MAKE MORE BUILDABLE SQUARE FOOTAGE.

>> THAT'S WHAT I'M TRYING TOO SAY, TOO.

WHATEVER WE'RE ENCROACHING BACK IS WHAT WE HAVE TO COME OFF, THAT'S FINE. THAT'S THE INTENT.

>> LIKE YOU KNOW, IF WE DON'T GET IT IN WRITING, IT DOESN'T

COUNT. >> UNDERSTOOD.

100%. >> ALL RIGHT, ANY OTHER QUESTIONS? ALL RIGHT THANK YOU, BRETT.

>> NO PROBLEM. >> OPEN TO PUBLIC HEARING.

CLOSE PUBLIC HEARING. OPEN TO BOARD DISCUSSION.

>> TO ME, WITH THAT LOT HAVING ALL THE RETENTION UP UNDER IT, TO ME THAT'S A BIG DIFFERENCE MAKER.

THEN ALL OF A SUDDEN THAT LOT IS BUILDABLE, THEY CAN'T DO ANYTHINGISN BUILDABLE, THEY CAN ANY' BUILDABLE, THEY CAN'T DO ANYY BUILDABLE, THEY CAN'T DO ANYT BUILDABLE, THEY CAN'T DO ANYTHING ABOUT THAT. I THINK IT MAKES A BIG DIFFERENCE BUT ALL OF A SUDDEN IF THIS LOT BEHIND IT BECOMES BUILDABLE, THEN YOU HAVE SOMEBODY WHO COMES IN AND LIKE WHY IS THIS 15-FEET? BUT IT WON'T EVER COME TO THAT.

>> ARE YOU TALKING ABOUT THE COMMUNITY SPACE?

>> UH-HUH. >> THEY MADE ME DO THAT IN FEAR THAT I WAS GOING TO BLOW OUT THE CUL-DE-SAC.

>> THAT'S WHY THEY PUT THE DETENTION THERE, THE UNDER

GROUND. >> THEY DIDN'T WANT ME SHRINKING THE FRONT LOT TO MAKE THAT A BUILDABLE LOT AND THEN GO DOWN

TO ROAD, BLOW THAT OUT. >> IS THAT WHY THE PLAT WAS

DENIED THE FIRST TIME? >> WELL, THERE'S A LOT OF REASONS. [LAUGHTER]

>> I WASN'T PRIVY TO THAT BACK THEN.

>> IT'S PLATTED AS AN UNBUILDABLE LOT RIGHT NOW NO MATTER WHAT, OTHER THAN THE AMENITY.

>> I HEAR YOU BUT TO ME, THE DETENTION HOLDS YOUR FEET TO THE FIRE. THE STORM WATER RUNOFF IS A HUGE DEAL. YOU JUST CAN'T ALL OF A SUDDEN

SAY JUST KIDDING. >> VERY EXPENSIVE.

>> I GOT IT. I UNDERSTAND.

HE CAN'T DO ANYTHING ELSE WITH THAT LOT WHICH TO ME MAKES IS DIFFERENCE. I UNDERSTAND WITH THEM TRYING TO

PUSH IT BACK, SO. >> SO WOULD IT BE RIGHT IF IT WERE A VARIANCE OF 30-FEET TO THE MINIMUM REQUIRED 45-FOOT REAR YARD SETBACK TO ALLOW A SETBACK OF 15-FEET CONDITIONED

ON THE 70-FOOT FRONT SETBACK? >> MAXIMUM OR MINIMUM SETBACK?

>> MINIMUM SETBACK. >> YEAH, VERY GOOD.

>> THAT LAW DEGREE CAME IN HANDY.

>> SECOND. >> FROST

>> YES. >> SORRELLS.

>> YES. >> WHITE.

>> YES. JOHN HUFF.

>> YES. >> ALL RIGHT, THAT IS IT FOR THIS

* This transcript was compiled from uncorrected Closed Captioning.