Oct 06, 2021 Board of Zoning Adjustment

[ROLL CALL]

[00:00:06]

>> OCTOBER 6TH REGULARLY CALLED MEETING OF THE BOARD OF ZONING

AND ADJUSTMENT. >>

[APPROVAL OF MINUTES]

>> DOES ANYONE HAVE ANY COMMENTS ON OUR MEETING FROM

SEPTEMBER 1ST? >> I MOVE TO APPROVE THE

MINUTES. >> SECOND.

>> DREW GOODNER? >> YES.

>> FROST ROLLINS YES KIM WHITE YES JOHN HUFF

>> YES. >> ALL RIGHT I'VE GOT AN OPENING

[CHAIRMAN'S OPENING REMARKS]

[1. Variance to Section 511, Accessory Uses, of the City of Auburn Zoning Ordinance PL-2021-00588]

PL-2021-00588. >> GOOD EVENING, THE FIRST CASE TONIGHT IS A USE LIMITATIONS FOR ACCESSORIES REQUEST AT 1137 OWENS ROAD, SPECIFICALLY TO ALLOW AN ACCESSORY STRUCTURE TO BE PLACED 15-FEET IN FRONT OF THE PRINCIPLE STRUCTURE WHERE THE ORDINANCE REQUIRES THEY CAN BE NO CLOSER THAN 10-FEET TO THE REAR OF THE FRONT BUILDING LINE OF A RESIDENTIAL HOME.

SUBJECT PROPERTY IS LOCATED IN THE NC-18 ZONING DISTRICT ON OWENS ROAD, NEAR THE CARRY WOODS AREA.

IT'S NC-18 IMMEDIATELY AROUND IT.

TO THE NORTHWEST, IT'S THE DDH AREA AROUND THE DONAHUE INTERSECTION. THIS IS AN APPLICANT PROVIDED MAP SHOWING THE TOPOGRAPHY OF THE AREA.

ON YOUR DESKS, YOU HAVE ANOTHER PACKET FOR MORE TOME MATERIAL IN THIS CASE THAT I PROVIDED FOR BREVITY.

THE SITE ITSELF IS HEAVILY WOODED.

IT'S A 1 ACRE LOT, HAS A FLOOD -- NOT A FLOOD, A CREEK RUNNING ALONG THE BACK. THE APPLICANT INSTALLED THE SHED LAST YEAR WITHOUT A PERMIT AND SO IT DID NOT HAVE A REVIEW.

ALTHOUGH IT DOES HAVE TOPOGRAPHY AND WOODED AREAS, I FORGOT, WE DON'T HAVE AERIALS HERE. IT'S HEAVILY WOOD AND WE FEEL THERE ARE OPTIONS TO BE ABLE TO PLACE A CHEATED THE REAR OF THE BUILDING THAT WOULD BE CONFORMING WITH THE ZONING CODE.

THIS SHOWS THE LOCATION OF THE SHED ALONG THE FRONT.

FROM THE ROAD, IT'S HARD TO SEE. THERE ARE A LOT OF TREES AND SHRUBS AROUND IT THAT DO A GOOD JOB OF SCREENING IT.

CLOSE UP, YOU CAN SEE IT THERE. STAFF IS RECOMMENDING DENIAL BECAUSE THERE'S AN OPTION TO BUILD A SHED THAT FITS IN CONFORMANCE. WE HAVE HAD AN AWFUL LOT OF CORE SPAWN DANCE WHICH YOU HAVE RECEIVED AS WELLCORRESPONDENCE RECEIVED AS WELL THAT COMES OUT TO SIX NEIGHBORS WHO HAVE REACHED OUT IN SUPPORT OF THE REQUEST.

FIVE OF THOSE SIX ACCOUNT FOR FIVE OF THE SEVEN ADJACENT PROPERTIES OF THE HIMONT. MOST OF THEM SAID THEY DIDN'T RECOGNIZE THE SHED WAS THERE UNTIL THEY SAW THE SIGN WAS UP.

IF YOU CHOOSEHOME. MOST OF THEM SAID THEY DIDN'T RECOGNIZE THE SHED WAS THERE UNTIL THEY SAW THE SIGN WAS UP.

IF YOU CHOOSE TO APPROVE THE, THERE'S A STACK OF RECOMMENDED OPTIONS THAT WE ROULADE RECOMMEND ADDS WELL SUCH AS WAYS TOWOULD RECOMMEND ADDS WELL SUCH AS WAYS TO MITIGATE THE VISIBILITY OF THE SHED TO NOT MAKE IT A DRATRYMENT TO THE COMMUNITY.ETRIMENT TO THE COMMUNITY.

SUBJECT TO YOUR QUESTIONS. >> SO THEY PUT IT IN AND SOMEBODY DROVE BY AND SAW IT AND NOW IT'S HERE.

[00:05:03]

>> WE RECEIVED A COMPLAINT THAT IT MIGHT NOT HAVE BEEN PERMITTED. WE REACHED OUT TO THE OWNER.

THEY SINCE PUT IN A BUILDING PERMIT FOR IT, HOWEVER, IT STANDS UNTIL THIS IS AJUDE INDICATED AND THE APPLICANT ISD INDICATED AND J INDICATED AND U INDICATED AND C INDICATED AND I INDICATED AND A INDICATED AND T INDICATED AND E INDICATED AND D

INDICATED AND AND THE APPLICANT. >> THANK YOU, ANYMORE QUESTIONS FOR STAFF? IS THE APPLICANT HERE?

WOULD THEY LIKE TO SPEAK? >> IF YOU'RE ABLE TO, IF YOU CAN STAND UP AND SIGN IN RIGHT THERE AT THE TABLE AND COME UP AND SPEAK, PLEASE. THANK YOU.

>> UP HERE? >> YES, SIR.

>> GOOD AFTERNOON. I WANTED TO THANK EVERYONE FOR HEARING OUR REQUEST. I GO BY CHUCK.

ONE OF THE THINGS I WANTED TO MENTION AS A PREFACE TO SOME OF THE OTHER COMMENTS WAS THAT WHERE WE WOUND UP PUTTING THE SHED, AND WE TRIED TO OPTIMIZE THE POSITION SO THAT IT WASN'T SO VISIBLE AND IT WOULDN'T BE OBSTRUCTIVE, THE REASON, MY FAULT, THERE WAS A MISUNDERSTANDING IN THIS CASE ABOUT WHO SHOULD HAVE POLICE DEPARTMENT FOR THE PERMIT.

THAT'S ME, AND ALSO A MISINTERPRETATION OF THE ZONING ORDINANCE AND WE PLACED THE SHED APPROXIMATELY 25-FEET BEHIND THE FRONT OF THE GARAGE, WHICH IS NOT THE ROAD FACING AND I ONLY SAY THIS NOT AS AN EXCUSE, BUT SOME TO MAKE IT CLEAR THAT OUR ACTION WERE NOT A PURPOSEFUL ATTEMPT TO BREAK REGULATIONS.

WE'RE HERE NOW BECAUSE WE WISH TO MAINTAIN THE SHED IN ITS CURRENT POSITION. THE INTEND OF THE ORDINANCE, THIS A SIMPLE WAY, IS TO ENSURE THE NEIGHBORHOOD RETANS ITS CHARACTER AND AESTHETIC, PARTICULARLY WITH REGARD TO TREAT ORIENTED DWELLINGS AND WE CONTEND THAT THE SHED IS NOT UNATTRACTIVE, WOULD BE WELL MAINTAINED AND AS JAY NOTED, I THOUGHT THERE WERE FIVE BUT APPARENTLY SIX E-MAIL COMMUNICATIONS FROM NEIGHBORS, MOST OF THEM ADJACENT NEIGHBORS WHO LIVE TO THE NORTH AND EAST MAINLY ACROSS THE STREET INDICATING THEY HAVE NO ISSUES WITH THE CURRENT POSITION OF THE SHED. PHOTOINGLY ALL OF THEM ARE AWARE THAT WE PLAN TO PAINT THE STRUCTURE.

IT'S AN ALIME NUMB SIDED STRUCTURE.

WE PLAN TO PAINT WIT THE SAME COLOR PAINT AS ON THE SIDE LEA OF OUR HOUSE AND ALSO TO EXTEND. YOU CAN SEE THE ROCKS UP AT THE TOP OF THE HILL GOING BACK TO THE TREE LINE.

AS YOU GO BACK, WE'RE PLANNING ON PUTTING SOME FAIRLY LARGE GROWING BUSHES THAT WOULD LIMIT EVEN FURTHER THE VISIBILITY OF THE STRUCTURE. OUR BIGGEST ISSUE WITH TRYING TO MOVE THE SHED ANYWHERE ELSE IS RELATED AS INDICATED IN OUR REQUEST IS THE TOPOGRAPHY. THERE'S AN AVERAGE OF 70 TO 20% GRADE ONCE YOU GET AROUND THE NORTH SIDE OF THE HOUSE AS JAY INDICATED, THERE'S A LOT OF SPACE BEHIND OUR HOUSE, BUT THE DIFFICULTY MAINLY WOULD BE TRANSPORTING THAT TO THE BACK OF THE HOUSE SHORT OF HIRING A HELICOPTER, I GUESS, TO LIFT IT UP AND DROP IT OVER ON THE OTHER SIDE OF THE HOUSE.

AT THIS POINT, DOES ANYBODY HAVE ANY QUESTIONS ABOUT ANYTHING

THAT I SAID? >> ANYBODY HAVE ANY QUESTIONS

FOR THE APPLICANT? >> THE ONLY OTHER THING IS THAT I'M NOT SURE WHAT THE ESSENCE OF THE COMPLAINT IS.

[00:10:07]

>> STAFF HAS NOT RECEIVED ANY ARGUMENTS OPPOSED TO THE

REQUEST. >> I HAVE A QUESTION.

SO YOU RECEIVED A COMPLAINT JUST BECAUSE IT WAS NOT PERMITTED, THAT WAS KNOWN BUT NOT NECESSARILY ANYTHING IN OPPOSITION TO THE SHED BEING WHERE IT'S LOCATED? JUST TRYING TO SEEK CLARIFICATION.

>> SURE. YEAH, THE COMPLAINT THAT INITIATED THE NEED FOR THE VARIANCE WAS A REQUEST FOR MORE INFORMATION ABOUT WHAT THE REQUIREMENTS WERE FROM THE CITY WITH REGARDS TO THAT PROPERTY AND THE SHED'S LOCATION, WHERE IT WAS, SO A QUICK SEARCH THAT THERE WAS NO PERMIT CREATED FOR THAT SHEET TO BE PUT INTO PLACE AND SO THEN IT TURNED INTO AN ISSUE WHERE WE'RE REACHING OUT AND MAKE SURE THAT PERMITS ARE FILED AND ANY REQUIRED ACTIONS ARE BEING MET.

>> SO THIS IS MORE ON ISSUE OF YOU DIDN'T ASK RATHER THAN THIS IS SOMETHING WE OPPOSE? IT LEANS MORE TOWARDS THAT?

>> THERE ARE OPTION ON THEIR PROPERTY TO PUT A SHED IN A LOW DHAGS CONFORMS WITH THE ORDINANCE.

THE ACTION THAT THEY'RE PROPOSING TO MAKE, AND FIRST, THAT'S WHAT INFORMED THE STAFF RECOMMENDATION, WAS THE FACT THAT THERE IS AN OPPORTUNITY TO PUT SOMETHING WHERE IT NEEDS TO BE, HOWEVER, BASED ON THE FEEDBACK WE RECEIVED FROM THE NEIGHBORHOOD AS WELL AS THE MID GAITING MEASURES THEY PLAN ON MAKING, I DON'T THINK THAT APPROVING THIS VARIANCE WOULD HAVE ANY NEGATIVE EFFECT ON THE NEIGHBORHOOD.

>> RIGHT, BUT JUST THE INITIAL COMPLAINT WAS MORE OF A YOU

DIDN'T ASK ISSUE. >> I CAN'T SPEAK TO WHAT MIGHT

HAVE MOTIVATED THE FIRST ONE. >> OKAY.

I DON'T KNOW WHAT THEY LOOK LIKE WHEN THEY COME IN.

THE ONLY ONE I HAVE EVER DONE IS, HEY, WAIT A MINUTE, YOU NEED CHECK ON THIS. I DON'T THINK THIS IS PERMED BUT THAT'S BECAUSE I WAS ON THE BZA AND DIDN'T SEE IT COME THROUGH.

>> THAT'S MY PRESUMPTION. >> I WILL OPEN THE FLOOR IF ANYONE WANTS TO SPEAK UP FOR OR AGAINST THE PERMIT.

YOU CAN SIGN IN AND SPEAK. >> MY NAME IS CHAD CUNNINGHAM AND I LIVE AT 506 CUNNINGHAM. OUR LOT IS THE ONE THAT SHARES THAT LONG PROPERTY LINE THAT THE BUILDING IS UP AGAINST.

IT WAS PUT UP SOME TIME THIS SUMMER, IT'S NOT BEEN THERE FOR A YEAR. WHEN IT WAS PUT THERE ORIGINALLY I FIGURED IT WAS JUST BEING PUT THERE MILLION IT WAS MOVED TO A PLACE AND THEN THEY MOVED INTO IT AND THAT'S WHEN I CALLED THE CITY BECAUSE IT IS 5-FEET AWAY FROM THE PROPERTY LINE, WHICH IS IMPORTANT, I SUPPOSE, BUT IT'S ALSO IN THE FRONT YARD, FROM MY UNDERSTANDING OF A FRONT YARD AND YOU CAN SEE IT FROM MANY DIFFERENT VANTAGE POINTS ON OUR PROPERTY AND SO THAT WAS WHY WE ORIGINALLY CALLED AND FOUND OUT THAT, YES, THEY DIDN'T GET IT PERMITTED AND THAT'S PROBABLY WHY IT GOT PLACED WHERE IT WAS AND I THINK THAT IT TOOK SOME TIME FOR THE COMPLAINT TO GO THROUGH AND FOR IT TO GET TO THIS POINT WHERE A VARIANCE WAS

[00:15:01]

THEIR DRIVEWAY IS A TOPOGRAPHIC FEAT BUT THERE'S A ROAD THAT COULD GET INTO THE BACK AND MY WIFE AND I ARE FRANKLY MOST OPPOSED TO IT BECAUSE IT'S A NONPERMANENT ACCESSORY BUILDING.

IT'S A PREFABRICATED STRUCTURE. I KNOW THAT YOU CAN TAKE CARE OF THAT AS WELL AS YOU CAN, IT WILL DEPRECIATE OVER TIME AND AT SOME POINT IT WON'T LOOK SO GOOD AND YOU CAN VERY VISIBLY SEE IT AS YOU DRIVE DOWN AND, AGAIN, CAMERA LENSES, YOU CAN DO GREAT THINGS WITH THOSE. REALTORS KNOW THAT.

LAY IT A LITTLE LOWER AND MAKE IT LOOK LIKE YOU CAN'T SEE IT SO MUCH BUT WHEN YOU'RE HEADING SOUTH ON OWENS ROAD, IT'S UNJOB STRICTED AND IT'S CHEERILY UNOB THERE.

I KNOW IT BECAUSE I SEE IT REGULARLY.

IF YOU'RE DRIVING NORTH, YOU CAN'T REALLY SEE IT AS WELL AS YOU CAN IF YOU'RE DRIVING SOUTH AND THAT'S A FRANKLY BECAUSE MY LOT IS THERE AND WE HAVE WOODS LOT IS THERE AND WE HAVE WOODS AT THAT POINT BUT OUR WOODS ARE CLEARED OUT.

I DON'T WANT TO DO SOMETHING ON MY LOT THAT'S GOING TO EXPOSE IN 10 YEARS WHAT BAY A WELL TAKEN CARE OF BUILDING OR A RUN DOWN SHED AT THAT POINT, WHICH MOST SHEDS WILL BECOME IN TIME.

THIS IS A PERMANENT LINE THEY'RE ASKING FOR.

THERE'S NO GUARANTEE THAT THAT HEDGE LINE WILL BE MAINTAINED.

THERE'S NO SUGGESTION THAT THE NEXT HURRICANE OR TREE CREW THAT COMES THROUGH WON'T TAKE DOWN THAT ONLY THICKET OF TREES BECAUSE THE ONLY PLACE YOU CAN'T SEE THE BUILDING FROM RIGHT NOW BESIDES ANY WINDOW AT THEIR HOME IS WHEN YOU'RE STANDING RIGHT ON THE STREET AND LOOKING UP AT THEIR HOUSE, THERE'S A HUGE THICKET OF TREES RIGHT THERE THAT BLOCKS ANY VIEW OF IT.

YOU WALK AROUND IT, UP THE STREET, YOU CAN SEE IT.

YOU WALK AROUND IT, UP THE STREET, YOU CAN SEE IT.

FRANKLY, I THINK IT SHOULD BE MOVED AND THAT MIGHT CAUSE SOME TROUBLE. I DON'T THINK IT WILL TAKE A HELICOPTER, I THINK IT WILL TAKE SOME AMOUNT OF A TRUCK OR SOMETHING BUT THAT'S WHAT I'M COREYED ABOUT.

I'M WORRIED ABOUT IN TIME THE SAVRDAS MAY KEEP A TREE LINE.

THE PEOPLE WHO MOVE IN MAY NOT LIKE SWEET GUM TREES, I PARTICULARLY HATE THEM IN WHICH CASE I WOULD CUT THEM DOWN AND WHEN THAT TIME COMES, THAT'S AN EXPOSED BUILDING AND AT THAT POINT IN TIME, IT'S GOING TO BE IN THE FRONT YARD OF A 1 ACRE LOT AND THERE'S NO OTHER PROPERTY IN HEAD ESTATES THAT'S SIMILARLY SITUATED AN AND SO THAT'S WHY WE'RE OH POSED TO AN THAT'S WHY WETHAT'S WHY WE'RE OPPOSED TO IT.

THANK YOU. >> MAY I RESPOND?

>> YES, YOU CAN TALK. >> I APPRECIATE CHAD'S CONCERNS ABOUT WHAT'S HAPPENING IN THE FUTURE AND I CAN'T GUARANTEE HOW LONG I OR MY WIFE WILL BE ON THIS EARTH BUT WE HAVE NO PLANS OF REMOVING ANY INDIVIDUALATION, WE HAVE NO INTENTION OF NOT MAINTAINING THE STRUCTURE. CHAD REFERRED TO A ROAD ON THE SIDE, REFERRED TO A TRUCK. I WOULD HAVE TO REMOVE SEVERAL LARGE TREES IN ORDER TO GET A TRUCK BACK THERE WITH THAT PARTICULAR STRUCTURE. I DON'T THINK THE STRUCTURE IS AS VISIBILITY AS HE IMPLIES WHERE YOU CAN SEE IT WHEN YOU'RE COMING, DRIVING SOUTH FROM THE READ.

WE INDICATED THAT WE WILL PAINT IT AND ALSO ADD THAT VEGETATIVE

[00:20:03]

IF BARRING PROBLEMS WITH THE TOPOGRAPHY I COULD GET THE SHED AROUND THE BACK OF THE HOUSE, I THINK IT WOULD BE MORE VISIBLE AND MORE DISTRACTED FROM THE CUNNINGHAM HOUSEHOLD THAN WHERE IT IS NOW, WHICH IS AS FAR AWAY AS IT COULD BE FROM THEM, THANK

YOU. >> THANK YOU.

WOULD ANYONE ELSE LIKE TO SPEAK? I WILL CLOSE THE PUBLIC HEARING AND OPEN IT UP TO BOARD DISCUSSION AND/OR A MOTION.

I DON'T SEE ANY COMPELLING REASONS THAT I WOULD SUPPORT THIS VARIANCE REQUEST. I STEW NEIGHBOR CONDITIONS, I KNOW WE HAVE SOME NATURES IN SUPPORT OF IT BY IT IS A PREFABRICATED SHED IN FRONT OF THE HOME THAT IS VISIBLE.

I HATE THAT THEY WENT ABOUT TEA THE WRONG WAY AND WOULD HAVE TO MOVE IT IF IT'S DENIED, BUT WHAT'S NOT OUR ISSUE.

ANY OTHER COMMENTS? I WILL MAKE A MOTION TO DENY

PL-2021-00588. >> HAVE WE LOOKED AT THIS? I'M A LITTLE CONFUSED, I GUESS. SINCE WE'RE COMING TO THIS AFTER THE FACT, YOU'RE SAYING THAT YOU DIDN'T APPLY FOR A VARIANCE BUT

YOU WOULD HAVE, RIGHT? >> THEY DIDN'T APPLY FOR A BUILDING PERMIT SO THEY HAD NO WAY OF KNOWING, THEY DIDN'T LOOK AT THE ORDINANCE TO SAY. THEY WERE UNAWARE THAT THEY WERE PLACING THIS IN AN INCORRECT PLACE BUT IF THEY APPLIED FOR A PERMIT, THEY WOULD HAVE BEEN TOLD YOU CAN'T PUT IT THERE.

>> AND I WOULD HAVE HAD THE OPTION TO APPLY FOR A VARIANCE.

AFTER TALKING WITH FOLKS IN THE CITY PLANNING OFFICE, THEY RECOMMENDED THAT I -- THEY SAID APPLY FOR A PERMIT AND WAIT UNTIL IT'S DENIGHED AND APPLY FOR THE VARIANCE AND I SAID CAN I TO THE DO THIS AT THE SAME TIME? SO EVERYTHING WAS SUBMITTED TOGETHER AND IN MY PERMIT APPLICATION, I INDICATED THAT I WOULD BE ALSO SUBMITTING A

REQUEST FOR AN ADJUSTMENT. >> SO WE WOULD HAVE ENDED UP IN

THE SAME PLACE. >> AND WE WOULD HAVE DENIED IT

IF IT WASN'T ALREADY THERE. >> AB, I WILL SECOND THE MOTION.

>> DREW GOODNER YES FROST ROLLINS EMMY SORRELLS YES KIM

[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-2021-00607]

WHITE YES JOHN HUFF YES. >> SECOND VARIANCE REQUEST?

AMBER? >> YES, THIS IS GOING TO BE A REQUEST FOR A VARIANCE OF 5-FEET TO THE MINIMUM REQUIRED 35-FOOT FRONT SET BACK TO ALLOW A FRONT SET BACK OF 30-FEET.

THE OWNER WISHES TO CONSTRUCT A SINGLE FAMILY HOME ON THE PROPERTY AND IT'S LOCATED AT 1321 EAST UNIVERSITY DRIVE AND THE NEIGHBORHOOD CONSERVATION DISTRICT IS NC-15.

HERE YOU CAN SEE THE IRREGULAR SHAPE OF THE LOT.

A LARGE PORTION OF WHICH IN THE REAR IS COVERED WITH FLOOD PLANE AS WELL AS A 450 FOOD EASEMENT ON THE BACK.

THE APPLICANT WISHES TO MOVE THE HOME FURTHER FROM THE FLOOD PLANE WHICH WOULD CAUSE THEM TO ENCROACH INTO THAT SET BACK 5-FEET AND WE DO FIND THAT THERE ARE UNIQUE CIRCUMSTANCES AND

[00:25:09]

HERE'S A LOOK AT THE PROPERTY. IT'S VEGETATED FULLY THIS WILL SHOW YOU MOORS CREEK. WE RECOMMEND APPROVAL FINDING UNIQUE CIRCUMSTANCE TEA AND HARDSHIP.

THE APPLICANT'S REPRESENTATIVE IS HERE AND I'M HAPPY TO ANSWER

ANY QUESTIONS. >> THANK YOU.

ANY QUESTIONS FOR AMBER? >> THERE'S A SQUARE FOOT REQUIREMENT FOR THIS LOT FOR A HOUSE?

>> FOR THE HOUSE? NO.

>> SO THEY COULD PUT WHATEVER HOUSE WOULD FIT WITHIN THE AREA.

>> YES. >> SO IT'S KIND OF LIKE WHEN HAY CAME FROM MONTGOMERY, BROUGHT THEIR ARCHITECT FROM CHICAGO AND THEY FOOTPRINT DIDN'T FIT THEIR LOT AND THEY WANTED VARIANCES.

MY POINT IS THEY COULD CHANGE UP THE HOUSE A LITTLE BIT IF THEY

NEEDED TO. >> I'M NOT SURE.

THE APPLICANT'S REPRESENTATIVE MAY WANT TO SPEAK MORE.

>> BUT THERE'S NO REQUIREMENT? >> CORRECT.

>> OKAY, THANK YOU. >> MR. CHAIRMAN? WHEN YOU HAVE MASKS ON, SOMETIMES YOU CAN'T TELL WHO IS WALKING IN THE ROOM. I DON'T DISAGREE WITH THE COMMENT AND THE QUESTION THAT MR. HUFF JUST RAISED AT ALL.

ONE THING THAT AS STAFF WE TRY TO LOOK AT IS WHILE THERE'S NO MINIMUM, IS THE SIZE OF THE HOUSE BEING PROPOSED OUT OF ORDINARY? IF IT'S AN ORDINARY SIZED HOME THAT WOULD BE IN THAT NEIGHBORHOOD FOR THE FOOTPRINT, THINGS LIKE THAT, I THINK WE EVEN HAD A CONVERSATION ABOUT THE DIMENSIONS. THEY'RE NOT SHOWN BUT I THINK WE HAD A CONVERSATION ABOUT THE DIMENSIONS OF THE HOUSE BEFORE THE REPORT WAS WRITTEN. SO TO STAFF, WE LOOKED AT IT AND THOUGHT IT WAS NOT LIKE A 10 THEW SQUARE FOOT HOME THAT DOESN'T JUST FIT ON THEAT SQUAR DOESN'T JUST FIT ON THE LOT SO WE LEANED TOWARD THE FACT THAT THERE ARE INCOUPLE BANSES ON THE LOT AND THE FLOOD PLANE SO I THINK BOTH POINTS HAVE VALID.

>> THANK YOU. ANYMORE QUESTIONS FOR STAFF?

MIKE? >> YES, JOHN'S CORRECT, THEY COULD GET A SMALLER HOUSE AND FIT IT EASIER ON THERE.

THE ESSENCE OF THE REQUEST IS THERE WAS A 30-FOOT BUILDING LINE ON THE RECORDED SUBDIVISION PLAT ORIGINALLY.

I GAVE AMBER A PLAN OF THAT TO LOOK AT.

IT WILL FIT, THE BUILDER WOULD LIKE THE EXTRA AREA SO HIS FOUNDATION ISN'T IN THEFOUNDATI PLANE AREA.

IT'S TRUE, HE COULD BUILD A SMALLER HOUSE, THAT'S TRUE OF A

LOT OF US. >> IT'S ORIGINALLY 30-FEET?

>> YES, AND IT'S NOW AT 35. THE HOUSE WAS SIGN DESIGNED WITH A 30-FOOT LOT THERE IN THE N DE 30-FOOT LOT THERE IN THE FRONT, NOT 35. IF WE CAN GO TO THE ORIGINAL BUILDING LINE, OORJALLY THE OWNER WANTED A 10-FOOT VARIANCE AND IORIGINALLY THE OWNER WANTED A 10-FOOT VARIANCE AND I THOUGHT ABOUT THAT AND SAID I THINK WE CAN TWO TO 5-FOOT AND THAT'S ABOUT AS GOOD AS WHAT WE CAN ASK FOR.

>> THAT'S ABOUT WHERE THOSE OTHER HOUSES ARE.

>> IF YOU GO OUT THERE AND LOOK, THE HOUSES NEXT TO IT ARE

FURTHER BACK. >> THE CREEK RUNS BACK SO I'M SURE THEY HAD THE ROOM TO DO THAT.

>> SURE. >> IF YOU HAVE ANY OTHER

QUESTIONS, I'M HERE. >> THANK YOU.

IF YOU WOULD, SIGN IN, MIKE. I WILL OPEN UP THE PUBLIC COMMENT IF ANYONE HAS ANYTHING TO SAY IN SUPPORT OR OPPOSITION

[00:30:04]

TO THIS REQUEST. >> I'M JASON FLOWERS AND HERE FOR MY WIFE AND I WANT TO SAY I SUPPORT THE VARIANCE.

THE CREEK THAT'S IN THE BACK, IF YOU DON'T PUT IT UP RIGHT, IT WILL FLOOD AND SO THAT'S A LEGIT THING.

>> YOU TIRED OF THAT IVY? >> MAN, I'M TIRED OF CALLING ABOUT THAT. WE JUST WANTED TO SUPPORT THAT

AND YOU CAN REACH OUT. >> THANK YOU, JASON.

ANYONE ELSE WANT TO SPEAK? I WILL CLOSE THE PUBLIC MEETING

AND OPEN IT UP TO THE BOARD. >> RIGHT UP YOUR ALLEY.

>> YEAH, THE STAFF RECOMMENDATION MAKES SENSE TO ME. UNIQUE CIRCUMSTANCES.

>> IT FITS ALL THE CRITERIA. >> YEAH, THAT'S EXCITING.

I'M GOING TO MAKE A MOTION TO APPROVE PL-2021-00607.

>> I WILL SECOND.

[3. Variance to Table 5-3, Development and Design Standard Requirements Within the Urban Core (UC), of the City of Auburn Zoning Ordinance PL-2021-00615]

>> THANK YOU, PL-2021-00615. KATY?

>> GOOD EVENING, THIS IS A REQUEST FROM TAYLOR AND MATHIS, INK ON BEHALF OF AUBURN BANK, SEEKING A VARIANCE FOR FREE STANDING SIGNS. THE PROPERTY IS AT THE CORNER OF GAY AND MAGNOLIA AND HAS BEEN HOPE TO AUBURN BANK FOR MANY YEARS. THEY'RE UNDER REDEVELOPMENT OF THEIR OFFICE BUILDING AND THE PARKING DECK WAS APPROVED AND I GUESS THAT WAS A FEW MONTHS BACK.

THE OFFICE BUILDING IS TURNEDLY UNDER CONSTRUCTION AND WHEN THIS WAS GOING THROUGH SITE DESIGN FOR DOWNTOWN.

THEY WERE VERY RECEPTIVE FOR STAFF'S REQUEST AND WHAT'S OCCURRED, THEY PUSHED IT UP THE STREET AND WITH SO, I THINK THEY DONATED ABOUT 30-FEET OF PROPERTY TO THE CITY TO ALLOW ON STREET PARKING ALONG THE STREET AND TO PROVIDE A WIDER SIDEWALK, WHICH IS GREATER THAN WHAT OUR STREET SCAPE PLANS CALL FOR.

BY DOING SO -- DOES THIS HAVE A POINTER? NO. OKAY.

YOU CAN SEE THE WIDE SIDEWALK, A PORTION OF IT IS IN THE RIGHT OF WAY AND A MAJORITY OF IT IS ON PRIVATE PROPERTY.

THE TREE WELLS ARE UP AGAINST THE CURB NEXT TO THE PARKING, SEPARATING THE SIDEWALK FROM THE PARKING LOT OR THE STREET PARKING AND THE LITTLE ISLAND SEPARATING THE PRIVATE DRIVE OFF OF GAY STREET IS WHERE THE PARKING KIOSK WILL GO AND WHERE THEY'RE PROPOSING TO PUT THEIR SIGN.

THEY'RE ASKING A VARIANCE. THEY DID HAVE TWO FREE STANDING SIGNS, ONE ON GAY AND ONE ON MAGNOLIA.

WHEN THE SUPER SIX WAS CONSTRUCTED BACK IN 2012, THEY RECEIVED A SIMILAR VARIANCE REQUEST TO PLACE THAT FREE STANDING SIGN CLOSER TO THE STREET AND WHEN THE REDEVELOPMENT IS COMPLETE, THEY WILL PLACE THAT SIGN BACK.

THIS IS A VERY SIMILAR SITUATION, PROBABLY MORE UNIQUE OF A CIRCUMSTANCE THAN THE OTHER ONE IN THAT THE 10-FOOT SET BACK FROM THE PROPERTY LINE WOULD BE RIGHT IN FRONT OF THE DOWN SLOPE TO THE CROSSWALK TO GET TO OTHER SIDE OF THAT PROPERTY.

[00:35:01]

IF THE BOARD IS IN SUPPORT OF APPROVINGF THE BOARD IS IN SUPPORT OF THE BOARD IS IN SUPPORT OIF THE BOARD IS IN SUPPORT OF APPROVING THIS TO CONSTRUCT THE SIGN WITH THE DIMENSIONS AND WE HAVE A REPRESENTATIVE.

>> SO RAY HUFF CAME IN AND WAS IT A SIMILAR SITUATION? I CAN'T REMEMBER. HE WANTED TO MOVE CLOSER BUT HE

COULDN'T MOVE CLOSER? >> HE HAD AN ELECTRONIC READER

BOARD. >> IS THAT WHAT IT WAS?

>>Y. >> HE WANTED TO MOVE THAT READER BOARD TO HIS OFFICE ON GLENN BUT HE WANTED IT 13-FEET IN THE AIR.

IT WAS HEIGHT, PROXIMITY AND THE ELECTRONIC READER.

>> HE DID REQUEST SEVERAL VARIANCES.

>> IT WAS FIVE SEPARATE REQUESTS.

>> I JUST KNEW SOMETHING LIKE THIS CAME UP BEFORE.

>> IS IT FOR UNOBSTRUCTED VIEW TO COME OUT OF THAT PARKING LOT

OR FOR PEDESTRIANS WALKING? >> NO, THE DEED FOR THE VARIANCE

IS DUE TO -- >> I THINK SHE'S SAYING WHAT'S THE INTEND OF THE ORDINANCE AS WRITTEN? WHY THE 10-FEET SET

>> FREE STANDING SIGNS CURRENTLY ARE NOT ALLOWED BECAUSE IT'S MADE TO BE BUILT IN AN URBAN DESIGN.

PROPERTY LINE TO PROPERTY LINE IS WHERE YOU'RE ALLOWED TO CONSTRUCT YOU'RE BUILDING, SO FREE STANDING SIGNS ARE ALLOWED TO REMAIN BUT IN ORDER TO DO SO, YOU HAVE TO COME INTO COMPLIANCE TO MEET 10-FOOT SET BACK. THEY CAN ONLY BE 8-FEET IN EIGHT, 32 SQUARE FEET MAXIMUM AND BE CLAD TO MATCH THE

BUILDING MATERIALS. >> THEY'RE TRYING TO KEEP WHAT THEY HAVE BUT IT BECOMES THE 10-FOOT.

>> CORRECT, EVERY OTHER REQUIREMENT IS MET EXCEPT FOR

THAT SET BACK. >> THEY'RE GETTING THE OTHER ONE THAT MATCHING BECAUSE IT'S GRANDFATHERED IN?

>> RIGHT, THERE WAS NO STIPULATION OF TIME CONSTRAINT WITH THAT VARIANCE SO IT RUNS WITH THE LAND.

>> OKAY. >> ANYMORE QUESTIONS FOR STAFF? ALL RIGHT. IS THE APPLICANT HERE AND WOULD

LIKE TO SPEAK? >> YES.

>> IF YOU'LL CLL C LL CWIL, COMN IN.

>> THANK YOU AND KAY DES DID A GREAT JOB EXPLAINING THE NEEDS.

ONE THING I WOULD LIKE TO ADD IS THERE'S ALSO UNDER GROUND CONSTRAINT THAT IS PLAY INTO THIS.

AS PART OF THE REDEVELOPMENT, THE ABOVE HEAD -- CAN I TAKE MY

MASK DOWN? >> THAT'S FINE.

>> THE ABOVE HEAD UTILITIES WILL BE GOING ABOVEGROUND.

IF IT WAS 10-FEET, IT WOULD IMPEDE THE PEDESTRIAN TRAFFIC AND THERE'S ALSO CONDUIT BANKS FROM THE YOU TILLS.

WE WOULD HAVE TO GET A SURVEYOR TO SEE EXACTLY WHERE THOSE ARE AT AND THAT'S ALSO A CONCERN AS WELL.

ALSO WITH THIS SIGN, THE SIGN WILL MATCH ALL OF THE AESTHETICS. THE SAND CAST STONE WILL BE WHERE ALL THE AREAS ARE IN GRAY, ALL OF THAT WILL BE THIS LARGE BLOCK CAST STONE AND THE STONE WE'RE PROVIDING FOR THIS SIGN WILL BE FROM THE SAME QUARRY AND ALL FROM THE SAME BATCH.

IT WILL BE A GREAT MATCH AESTHETIC WISE BUT BESIDES THAT, IT'S A GREAT EXPLANATION SO I APPRECIATE THAT.

IF THERE ARE ANY OTHER QUESTIONS FOR THIS, I'M HAPPY TO FIELD ANY

OTHER QUESTIONS THERE MAY BE. >> THANK YOU.

>> I DID FAIL TO MENTION THE UTILITIES BEING UNDER GROUND BUT

[00:40:01]

>> THANK YOU VERY MUCH. >> YEP.

>> I WILL OPEN THE PUBLIC HEARING IF ANYONE WOULD LIKE TO SPEAK IN SUPPORT OR OPPOSITION OF THIS REQUEST.

CLOSE THE PUBLIC HEARING AND OPEN IT UP TO THE BOARD FOR A MOTION OR SCOTIADISCUSSION AND/ MOTION.

IT APPEARS REASONABLE IN LINE WITH THE CITY'S GOALS AND I THINK IT'S BIG THAT THEY ALLOWED THE ON STREET PARKING AND GAVE THAT UP. THAT WIDER WALK IS NICE.

>> ARE YOU GOING MAKE IT SUBJECT TO THE DRAWING?

>> YEAH. >> I THINK AS LONG AS THERE'S NO

SAFETY CONCERNS. >> YEAH, IF IT DOESN'T IMPEDE THE VIEW OF PEOPLE TURNING IF OR OUT OF THAT DRIVEWAY, I THINK IT'S GOING TO LOOK NEWS AND I AGREE WITH DREW AND THE SIDEWALK AND ADDITIONAL PARKING ARE A BENEFIT.

>> I WILL MAKE A MOTION TO APPROVE PL-2021-00615 CONTINGENT

ON THE CONSTRUCTION. >> SECOND.

>> DREW GOODNER >> YES.

[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-2021-00616]

>> KIM WHITE? >> YES.

>> JOHN HUFF. >> YES.

>> PL-2021-00616. >> THIS A REQUEST BY THE PROPERTY OWNERS DAVID AND BEVERLY FICKEN.

THE PROPERTY IS AT 126 NORWOOD AVENUE IN THE CARRY WOODS PART OF TOWN. THE REQUEST IS A FRONT SET BACK VARIANCE REQUEST OF 5-FEET TO ALLOW A BUILDING SET BACK LINE OF 30-FEET WHERE THE MINIMUM REQUIRED IS 35-FEET.

HERE'S A MAP SHOWING THE PROPERTY AND THE SURROUNDING AREA, ALSO ZONED NC15. THE EXISTING PROPERTY HAS A SINGLE FAMILY DETACHED HOME ON IT BUILD I BELIEVE IN THE 50.

THEY WANTED TO ADD AN ADDITIONAL BEDROOM TO THE PROPERTY.

STAFF MET WITH THE APPLICANT AND LOOKED AT OTHER PLACES THAT ADDITION COULD BE ACOME DAY-TO-DAY, INCLUDING THE DETACHED GARAGE. THAT WAS DETERMINED TO NOT BE AN OPTION DUE TO THE SET BACKS NOT BEING ABLE TO BE MET FOR ACCESSORY DWELLING UNITS AND THEY HAVE AN EXISTING DECK, I BELIEVE, IN THE BACK AS WELL AS LARGE TREE SPECIES THAT THEY'RE TRYING TO PRESERVE. THE VARIANCE REQUESTED IS TO ADD THAT ADDITIONAL BEDROOM WHICH WOULD ENCROACH 5-FEET OVER THAT BUILDING SETBACK LINE. THERE'S NO HARDSHIP TO IT AS FAR AS THE USE OF THE PROPERTY OF THE SINGLE FAMILY DETACHED HOME.

THERE ARE SOME UNIQUE CIRCUMSTANCES RELATED TO THOSE LARGE TREE SPECIES BUT OVERALL STAFF FEELS THIS DOES NOT WARRANT APPROVAL OF THE VARIANCE FOR THAT ALONE BUT WE DO RECOGNIZE THE IMPORTANCE OF MATURE TREE SPECIES AND THE PREZ PRE PREZZER IS -- PRESERVATION OF THEM.

THIS IS SOME IMAGES SHOWN WHERE THOSE MANY CHORE TTURE TREE SPE THAT WOULD LIMIT THE BUILDABLE AREA UNLESS THEY WERE REMOVED.

>> ANYONE HAVE ANY QUESTIONS OF STAFF?

>> SO SINCE THE LAST ONE, IT WAS 30-FEET AND THEN IT WAS 35-FEET.

DO WE HAVE THAT CASE HERE? >> IT MAY BE THAT CASE.

OLDER SUBDIVISIONS HAD SET BACK LINES PLATTED ON THEM, WHICH WE DON'T ENCOURAGE THAT ANY LONGER FOR THAT VERY REASON, THAT

[00:45:08]

SETBACK LINES DO CHANGE. >> THANK YOU, GO AHEAD.

>> THIS IS DAVID FICKEN. THIS IS MY RESIDENCE.

I DIDN'T REALIZE I WAS GOING TO HAVE STAFF SUPPORT SO I PREPARED A FEW COMMENTS TO WALK YOU THROUGH WHAT WE'RE TRYING TO ACHIEVE AND THE IMPACT I THINK IT WILL HAVE ON THE AREA AND TALK ABOUT THE PLAN AS WE HAVE IT.

WE NEED A FOURTH BEDROOM. I HAVE THREE LIVE AT HOME KIDS, A GRAD STUDENT, AN ARCHITECTURE STUDENT AND A HIGH SCHOOL SOPHOMORE WHO LIVES WITH US. I HAVE AGING PARENTS IN THE AREA. WE JUST LOST MY FATHER-IN-LAW THIS LAST WEEK SO MY MOTHER-IN-LAW IS NOW WIDOWS AND I HAVE TWO ANNUALING PARENTS IN THEIR 0I8 80S SO AS WE'RE ALL IN THAT AGE AND STAGE, WE WOULD LOVE TO HAVE THE ADDITIONAL SPACE AS AN OPTION AND WE ALL HAVE FRIENDS WE DIDN'T KNOW WE HAD, PEOPLE COMING IN AND OUT TRYING TO SEE US SO SOMEBODY IS ALWAYS ON THE CATCH. IT'S A STRAIGHTFORWARD NEED.

WE BOUGHT THE HOUSE RECOGNIZING THERE WAS A DECATCHED GARAGE.

IT'S AN EYESORE, THE FENCE IS FALLING APART NEXT TO IT ON THE NEIGHBOR'S PROPERTY SO WE THOUGHT GREAT OPPORTUNITY, WE'LL REPURPOSE THAT. GOT EVERYTHING READY TO GO AND GOT A PHONE CALL THAT, OH, THERE WAS FINE PRINT AND YOU WILL NOT HEAR THE OPPORTUNITY TO CONVERT THE DECATCHED BUILDING.

THE POWER SEWER WATER FOHN OCCASION COST WAS PROHIBITIVE SO NOW OPTION THROUGH IS TO COMEUNN COST WAS PROHIBITIVE SO NOW OPTION THROUGH IS TO COME OUT THE FRONT.

THE HARDSHIP IS THESE TREES. SO I THINK WE COULD GET THE SPACE THAT WE NEED. NUMBER TWO, WE CHANGE THE CURB APPEAL OF THE HOUSE. THIRD, REALLY TRY TO ENCOURAGE AND INSPY OTHER PEOPLE TO INVEST IN THEIR HOMES.

IF YOU DRIVE DOWN THE STREET, MOST PEOPLE DON'T KNOW WHERE WE ARE BUT WE'RE A CROSS STREET. WE'RE BETWEEN NORTH COLLEGE AND SANDERS. IF YOU KNOW WHERE CARRY ELEMENTARY IS, WE'RE THE CAR POOL LINE.

IT'S WHAT I CALL FROZEN IN TIME. OF THE 11 HOMES ON ANY STREET, SIX ARE INOCCUPIEDMY STREET, SIX ARE INOCCUPIED OR ARE RENTED. THE HOUSE TO MY RIGHT IS AN ELDERLY DISABLED LADY WHO DOESN'T OWN THE HOME, IT'S IN TRUST. THE HOUSE TO THE RIGHT TO THAT IS OWNED BY A GUY IN PITTSBURGH, AUBURN GRAD UNOAK PIED, USES IT FOR GAME DAY. HOUSE ON THE CORNER, LADY JUST DIED, IT'S UNOCCUPIED. THE HOUSE ACROSS THE STREET FROM ME, UNOCCUPIED, THE LADY IS NOW LIVING WITH HER DAUGHTER.

NEXT TO THAT IS A RENTER AND NEXT TO THAT IS A RENTER.

I WANT PEOPLE TO LOOK AND SEE THIS IS VIABLE COMMUNITY OTHERWISE WE'RE DEAD AND FORGOTTEN.

YEAH, I WANT TO ACHIEVE WHAT I WANT TO ACHIVE BUT IF WE ADD TO THE CURB APPEAL AND THE STREET, WE COULD BE A BIG HELP TO BE A CATALYST FOR SOME OTHER PEOPLE TO INVEST AND CREATE A COMMUNITY BECAUSE RIGHT NOW, IT'S KIND OF A DEAD STREET.

I HEAD TO USE THAT TERM, BUT IT'S A FORGOTTEN STREET, SO I WOULD LOVE TO TALK TO YOU ABOUT THE STRETCH WE PRETEC WE PROVID RENDERING HERE. I THINK FOR FIVE FEET IT'S A

GOOD TRADEOFF. >> ANYONE HAVE ANY QUESTIONS FOR

THE APPLICANT? >> I HAVE SOME LOVELY HANDOUTS.

>> BASICALLY IT'S A MOTHER-IN-LAW SUITE.

DOES THAT SAY KITCHENEN? >> JUST A DORM FRIDGE AND A MICROWAVE, JUST IF THERE'S AN ABILITY FOR SOMEONE TO HAVE ACCOMMODATION IN THERE. THERE'S NO LAUNDRY OR ANYTHING.

>> YEAH, I UNDERSTAND. JUST MAKING SURE I WAS READING

THAT CORRECTLY. >> THANK YOU.

>> THANK YOU, GUYS. >> WE'LL OPEN UP THE PUBLIC

[00:50:05]

>> I DID CONTACT, I DON'T KNOW IF YOU HAVE HAD ANY COMMUNICATION, I WOULDN'T BE SURPRISED IF YOU DID, BUT I SPOKE TO THE LADY NEXT DOOR TO ME BECAUSE SHE'S NOW IN A FACILITY AND THE KIDS ARE IN AND OUT OF THE HOME AND I CENTER LINED THEM WHAT WE WANT TO DO AND SHE HAS A RAMP THAT EXTENDS OUT THE FRONT OF HER PROPERTY SO I WALKED THEM THROUGH WHERE I THINK THIS STRUCTURE WOULD BE. THEY WERE CORNED ABOUT OBSTRUCTION OR WHATEVER SO I WALKED THEM THROUGH WHAT WE WERE LOOKING AT AND THEY DIDN'T HAVE ANY OBJECTION TO IT.

WE'RE JUST A LITTLE BEYOND WHERE THEY ARE THERE.

I CONTACTED THE NEIGHBOR TO THE RIGHT AND SHE HAS ALL OF HER AFFAIRS HANDLED BY AN ATTORNEY AND THE HOME IS OWNED WITH A TRUST OUT OF FLORIDA. I TRIED TO REACH OUT TO SEE IF THEY HAD IN COMMENT OR WHY'RE BUT IT'S DIFFICULT TO REACH SOME OFATEVER BUT IT'S DIFFICULT TO REACH SOME OF THESE PEOPLE BECAUSE THEY'RE NOT IN THEIR HOMES BUT I DID

TALK TO THOSE FOLKS. >> OKAY, THANK YOU.

>> NO ONE FOR THE PUBLIC HEARING.

CLOSE THAT AND OPEN UP TO THE BOARD FOR DISCUSSION AND/OR A MOTION. STEVE, THIS WAS SOMETHING THAT, AND I ASSUME YOU WILL SPEAK A LITTLE BIT AT THE END BUT SOMETHING YOU AND I SPOKE ABOUT A MONTH OR SO AGO ABOUT IT MAY NOT MEET HARDSHIP OR WHATNOT, BUT TRYING TO ENCOURAGE INVESTMENT AND GROWTH IN SOME OF THESE HOMES, WHAT WAS IT THAT

YOU SAID? >> WAS THAT ON AN FLIKS

APPLICATION WE HAD BEFORE? >> WE HAD ONE ON ONE OF THE INTOWN HOMES AND IT WAS ABOUT KEEPING THINGS FROM BEING TURNED DOWN OR BEING TURNED INTO ALL RENTALS.

>> YEAH, I ALWAYS SAID THE BOARD OF ZONING ADJUSTMENT IS ONE OF THE HARDEST BOARDS BECAUSE YOU OFTEN HAVE TO TELL PEOPLE NO.

I TRY TO LOOK AND SEE IS IT POSSIBLE TO MEET THOSE WHILE ALSO PRESERVING A NEIGHBORHOOD. WHAT I HAVE THOUGHT IN DIFFERENT CITIES WHERE I WORKED, YOU HAVE OLDER COMMUNITY NEIGHBORHOODS AND SOMETIMES THE LOTS ARE SMALL AND WHEN YOU BUILD A HOUSE BACK IT'S OUT OF CHARACTER WITH THE NEIGHBORHOOD.

IT'S UP TO THE BOARD. THE BOARD HAS TO FIND THAT IT MEETS THOSE CRITERIA. IF YOU FEEL LIKE IT MEETS THAT CRITERIA AND YOU FEEL LIKE THE PRESERVATION OF THE NEIGHBORHOOD AND THIS VARIANCE REQUEST IS MINOR, I THINK THAT'S WITHIN YOUR AUTHORITY AND YOUR RESPONSIBILITY TO BE ABLE TO DO THAT. THAT'S PROBABLY ALONG THE LINES

OF WHAT I WOULD SAY. >> OKAY, THANK YOU.

>> I DO LIKE THE DRAWINGS AND I'M FAMILIAR WITH THE STREET THERE. THERE ARE SOME VERY DATED HOMES

AND I LOVE THE -- >> THAT'S ONE OF THOSE AREAS THAT'S RIPE FOR REDEVELOPMENT, IT'S GOING TO TURN OVER IF THE NEXT THREE TO 5 YEARS I WOULD ASSUME SO I AGREE WITH DREW.

>> IT'S A NEAT STREET BUT A LOT OF PEOPLE DON'T KNOW WHERE IT IS AND A LOT OF THESE HOUSES NEED VARIANCES TO BE MORE LIVABLE FOR

TODAY'S PEOPLE. >> IT WAS PROBABLY 30-FEET I'M

GUESSING. >> 35 COMPARED TO A LOT OF THE NEIGHBORHOODS WE DRIVE THROUGH, THE NEWER ONES, THEY'RE CLOSER

TO THE ROAD. >> I WOULD LOVE TO SEE THE

PRESERVATION OF THOSE TREES. >> ARE WE SURE THAT ALL THE DESIGN POSSIBILITIES HAVE BEEN EXPLORED?

IS THERE TRULY A HARDSHIP? >>

>> IF YOU LOOK AT THE RENDERING, IT'S NOT A LARGE SPACE.

[00:55:02]

BASICALLY A WALK IN CLOSET. >> YOU CAN'T GO OFF THE SIDE AND

IN THE BACK YOU HAVE THE TREE. >> WHY CAN'T THEY GO OFF IN THE

BACK? >> THEY HAVE A TREE AND A DECK.

>> YES, AGAIN, YOU CAN BUT AT WHAT POINT IS IT UNREASONABLE.

THAT DETACHED GRADUAL THEY TALKED ABOUT REDOING.

>> THAT'S A TOTALLY DIFFERENT BEAST.

>> RIGHT, BUT THAT WAS AN OPTION THAT HE DISCUSSED.

>> WHAT'S THE DIFFERENCE FROM THE -- WHAT'S THE SIDE SET BACK

RIGHT NOW? >> 14.

>> SO HE MEETS -- A LOT OF THESE END UP NOT MEETING SIDE, FRONT, OR BACK. WE CAN CONDITION IT TO WHERE IT'S 5-FEET FOR THIS, WHERE IT'S NOT LIKE THE WHOLE HOUSE IS COMING UP. IT'S JUST A SMALL SECTION.

>> I CONCUR WITH THAT. WHEN YOU APPROVE A VARIANCE AND WE MAKE IT SUBJECT TO SUBSTANTIAL CONFORMANCE, WE'RE NOT CHANGING THE SET BACK FOR THE LOT TO WHAT'S BEING

REQUESTING ACROSS THE FRONT >> HE COULDN'T HAVE THAT PORCH COME OUT TO THE FRONT OF THE HOUSE.

>> WHAT YOU HAVE BEEN SHOWN, THAT'S THE PICKUPS OF THE VARIANCE. I DON'T THINK IT WAS RECOMMENDED FOR APPROVAL BY STAFF. I THINK WE HAD AN ISSUE WITH LETTER D MORE THAN ANYTHING. ON SEVERAL OF THE ONES YOU HAVE SEEN TONIGHT, OFTEN TIMES, AND YOU TALKED ABOUT IT TONIGHT.

IF YOU HAVE A MOTION AND IT MEETS THE REQUIREMENTS, UK SAY THE VARIANCE IS APPROVED SUBJECT TO THE CONDITION THAT IT'S FOR THE PURPOSE OF THE ADDITION AND CONSISTENT WITH ANY PLANS SUCH AS THE DRAYINGS THAT SHOW THE RENOVATION OF THE FRONT.

>> AND I THINK MY VIEW IS ABOUT PRESERVATION.

YES, IT'S A TREE BY HOW DO YOU KEEP FAMILIES DOWNTOWN OR ENCOURAGE THEM TO MOVE INTO A LIVABLE STRUCTURE VERSUS TEARING SOMETHING DOWN OR HAVING TO MOVE.

I WILL MAKE A MOTION TO APPROVE PL-2021-00616, THE 5-FEET CONDITIONED ON THE PLANS AS PRESENTED.

>> I WILL SECOND. >> GOODNER YES ROLLINS YES

SORRELLS YES WHITE YES >> JOHN HUFF

[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-2021-00624]

>> YES. >> UP NEXT, PL-2021-00624.

STEPHANIE? >> YES, GOOD EVENING.

THIS IS A VARIANCE REQUEST FROM ROBERT WILLIAMS AT 534 CARLISLE DRIVE IN THE NEIGHBORHOOD CONSERVATION DISTRICT 9.

THE VARIANCE IS TO THE ACCESSORY USE LIMITATIONS AND THE FIRST IS TO ALLOW AN ACCESSORY STRUCTURE TO BE PLACED APPROXIMATELY 2-FEET FROM THE EASTERN PROPERTY LINE WHERE THE ZONING ORDINANCE STATES THAT IT MUST BE 5-FEET FROM THE PROPERTY LINE.

THE SECOND VARIANCE REQUEST IS TO -- I'M SORRY.

I THINK THEY GOT THOSE REVERSED. THE SECOND VARIANCE IS TO ALLOW THE ACCESSORY STRUCTURE TO BE IN THE FRONT OF THE BUILDING AND ALLOW IT TO BE 10-FEET FROM THE FRONT OF THE HOME.

THE SURROUNDING AREAS, THE CARLISLE SUB SWIGS, PROD IS SURROUNDED BY SIMILAR ZONING DISTRICTS.

HIS THE PROPOSED STRUCTURE TO BE IN FRONT OF THE FRONT PLANE OF THE HOME, A CARPORT. THIS IS AN ARROW SHOWING THE PROPOSED STRUCTURE. YOU CAN SEE THE SIZE OF THE LOT AND THE PROXIMITY OF THE ADJACENT HOMES IS NARROW.

[01:00:05]

PAUSE THIS DOES NOT MEET APPROVAL, WE CANNOT RECOMMEND APPROVAL BUT IF YOU APPROVE, STAFF WOULD RECOMMEND YOU LOOK AT THE PLANS AND ANY HOA PLANS BE REVIEWED AS WELL THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS.

>> THINK, STEPHANIE. ANY QUESTIONSNK, STEPHANIE.

ANY QUANK, STEPHANIE. ANY QU, STEPHANIE.

ANY QUY, STEPHANIE. ANY QUOU, STEPHANIE.

ANY QUESTIONS OF STAFF? >> YOU MENTIONED THE REAR YARD BEING ABLE TO ATOM INDICATE THE THE STRUCTURE.

IS THERE ANYTHING PROHIBITING THAT?

>> THEY DO HAVE A STRUCTURE IN THE BACK.

THERE IS THAT SPACE IN ORDER TO DO THAT, THE APPLICANT WOULD HAVE TO EXTEND THE DRIVEWAY, THAT CONCRETE AND PAVEMENT AROUND TO THE BACK OF THE LOT BECAUSE OF THE SMALLNESS OF LOT, WE DIDN'T DROP ANYTHING AND CHECK BUT IT COULD PRESENT A TRAINAGE ISSUE, BUT THE SPACE IS AVAILABLE, YES.

>> THANK YOU. >> ANYMORE QUESTIONS OF STAFF?

>> ALL RIGHT, WOULD THE APPLY WANT LIKE TO COME UP AND SPEAK?

>> HOW ARE Y'ALL DOING? >> GOOD, HOW ARE YOU?

>> I'M TRYING TO GET THE STRUCTURE, OUR NEIGHBORS, OUR LOTS, I GOT 4-FEET ON THIS SIDE AND MAYBE 3-FEET ON THIS SIDE OF MY NEIGHBORS AND EVERY TIME THEY MOE THEIR YARDS AND STUFF, THEY'RE THROWING ROCKS OVER THERE, HITTING MY CARS AND ALL THAT. ON THIS SIDE OVER HERE WHEN THEY'RE OUT THERE WEED EATING THEIR YARD, THEY'RE SLINGING UP ROCKS AND HITTING MY WINDOWS. IT'S JUST A CLOSE SPACE WHERE WE'RE AT SO THAT'S WHY I'M TRYING TO GET A CARPORT TO PROTECT MY CAR AND STUFF. AND THEN LIKE Y'ALL WERE TALKING ABOUT ON THE BACK, THAT WATER, WHERE WE'RE AT THE WATER RUNS THE BACKSIDE OF MY HOUSE IS RUNNING LIKE IT HAS A DRAIN THING RUNNING DOWN THERE AND WE STAND IN ALL OF THAT.

>> QUESTIONS FOR THE APPLICANT? >> AND THEN ALSO ONE OF MY NEIGHBORS, WHEN YOU STEP OFF HIS DRIVEWAY, HE AIN'T GOT A FOOT AND HE'S ON THE OTHER LAND AND STUFF SO HE HAD TO STUFF UNTIL THE NEIGHBOR LEAVES TO MOW HIS YARD AND STUFF, SO JUST CLOSE

SPACES WHERE WE'RE AT. >> THANK YOU.

>> YOU GOT SOME GOOD LOOKING GRASS.

>> I KNOW, I WAS THINKING THE SAME THING.

>> THANK YOU. >> THANK YOU, SIR.

[01:05:01]

>> I WILL OPEN THE PUBLIC HEARING IF ANYONE WOULD LIKE TO SPEAK IN SUPPORT OR OPPOSITION OF THIS VARIANCE REQUEST.

I DO UNDERSTAND THE CONCERNS AND WANTING TO PROTECT THE CARS, THAT'S A BIG STRUCTURE RIGHT IN FRONT OF THE HOUSE.

>> CAN YOU SHOW A PICTURE OF WHERE THE PROPOSED STRUCTURE WOULD BE? THAT'S A HARD ONE TO GET ON BOARD WITH. I THINK IF HE WANTS IT, IT CAN GO IN THE BACK. I KNOW THAT ADDS EXPENSE AND DRIVEWAY AND WHATNOT, BUT THAT'S A LARGE STRUCTURE TO GO OUT

FRONT. >> I'M NOT SURE THAT THE STRUCTURE -- I WAS TALKING ABOUT WHAT THE STRUCTURE WOULD BE, RIGHT THERE. I SEE HOW THAT WOULD PROTECT YOUR CARS FROM THE ELEMENTS, BUT NOT NECESSARILY FROM YOUR NEIGHBORS KICKING STUFF UP BECAUSE IT'S OPEN ON EACH SIDE.

I SEE THE INTENT BUT I FEEL LIKE THE BEST PLACE WOULD BE TO PUT THAT IN THE BACK OF THE HOUSE SO YOU CAN PARK BACK THERE.

>> YEAH, JUST TALK TO THE NEIGHBOR ABOUT THE MOWING.

>> OR EXTEND THAT FENCE UP. >> HE USED TO HAVE A PUSH MOWER AND NOW HE HAS A RIDING MOWER AND ROCKS ARE SLINGING

EVERYWHERE. >> I WOULD TALK TO HIM AND IF IT'S MESSING YOUR CAR UP, WORK THAT OUT AND THAT'S AN EXPENSE YOU'RE INCURRING. I WILL RECOMMEND DENIAL OF PL-2021-00624. THE FIRST VARIANCE OF THE 10-FEET IN FRONT OF THE BUILDING LINE.

>> SECOND. >> GOODNER YES ROLLINS YES

SORRELLS YES WHITE YES HUFF >> YES.

>> I WILL RECOMMEND DENIAL OF PL-2021-00624, THE SECOND

REQUEST. >> SECOND.

>> JOHN HUFF. >> YES.

>> ALL RIGHT. IS THERE OTHER BUSINESS?

>> THANK YOU, MR. CHAIRMAN. THERE ARE A FEW ANNOUNCEMENTS.

ONE IS THAT THIS IS STEPHANIE'S LAST MEETING WITH YOU.

SHE HAS TRANSFERRED TO THE G HERBS S DEPARTMENT. SHE'S GOT A LOT OF EXPERIENCE IN GIS AND I KNOW THEY'RE LOOKING FORWARD TO HER BEING OVER THERE FULL TIME, SO WE'RE GOING TO MISS HER SIGNIFICANTLY. SHE DOES A GREAT JOB FOR US BEWE WANTED TO ATHANES TO YOU TONIGHT THIS WOULD BE HER LAST TIME

BEFORE YOU. >> THANK YOU FOR YOUR SERVICE,>

STEPHANIE. >> SECOND, JAY HAS RECENTLY RECEIVED HIS AICP, AMERICAN INSTITUTE OF CERTIFIED PLANNERS CERTIFICATION SO WE'RE HAPPY FOR HIM AND CELEBRATE HIM TONIGHT AS WELL. THAT'S A GOOD ACCOMPLISHMENT FOR

HIS CAREER. >> THAT'S AWESOME, CONGRATS.

>> CONGRATULATIONS. >> AND THIRD AND LASTLY, I BELIEVE THE NEXT TIME THAT YOU MEET IN MERE YOU MAY NOT SEE THESE PLASTIC PARTITIONS BETWEEN YOU.

WE'LL SEE HOW THAT GOES BUT I BELIEVE THEY WILL BE TAKEN DOWN HERE IN THE NEXT WHATEVER. NEAR FUTURE.

THAT'S IT. THANK YOU VERY MUCH.

>> ALL RIGHT. THANK YOU.

WITH NO OTHER BUSINESS, WE WILL CLOSE THIS MEETING.

* This transcript was compiled from uncorrected Closed Captioning.