[00:00:25]
>> CONDUCTING AND THE AUDIO IS AVAILABLE. FOR THE APPLICANTS, HERE TONIGHT, WE USUALLY HAVE 5 VOTING MEMBERS. TONIGHT WE ONLY HAVE FOUR PRESENT. YOU HAVE THE OPTION AS AN APPLICANT TO TABLE YOUR PENDING MOTION TO NEXT MONTH TO WHERE YOU HAVE FIVE MEMBERS WHEN YOU ONLY HAVE FOUR MEMBERS, ALL FOUR HAVE TO VOTE OF US UNANIMOUSLY HAVE TO VOTE FOR A MOTION TO BE APPROVED.
YOU HAVE FIVE MEMBERS, YOU HAVE AN EXTRA MEMBER TO GIVE CONSIDERATION AND IT'S A FOUR OUT OF FIVE VOTE. IS THERE ANYBODY OUT THERE WHO IS HAS A MOVEMENT TONIGHT, WOULD THEY
LIKE TO TABLE THEIR MOTION? >> SO, CAN WE PRESENT IT AND THEN MAKE A DECISION BASED ON THE QUESTION? LIKE, IF YOU HAD MORE QUESTIONS OR DOES IT ALL NEED TO BE DONE TONIGHT OR BE
MOVED ENTIRELY. >> I THINK, THE BOARD IN ABUNDANCE OF CAUTION WILL BE VERY GRACIOUS IN ALLOWING CONTINUANCES OR TABLING, IF YOU WANT TO PRESENT AND YOU DON'T LIKE THE QUESTIONS THAT YOU HAVE. IS THAT FAIR TO SAY.
>> IF IT'S TURNED DOWN, THOUGH, WHAT'S THE WAITING PERIOD? A
YEAR? >> IT'S ONE YEAR UNLESS YOU ARE ABLE TO SHOW SIGNIFICANT CHANGE TO THE ORIGINAL PLAN THAT GOT
>> CAN WE ASK FOR IT TO BE TABLED?
>> AT WHAT POINT CAN THEY ASK FOR IT TO BE TABLED? OR DO YOU
HAVE TO VOTE ON IT TONIGHT. >> IF IT WAS PRESENTED, WE WOULD HAVE TO VOTE ON IT, I BELIEVE.
>> I DON'T KNOW THAT WE HAVE A THIS COVERED IN YOUR BYLAWS, FOR INSTANCE, PROBABLY NOT. I THINK THE IMPORTANT THING AND THIS IS ZJUST MY OPINION. SOMETIMES YOU HAVE PRESENTATIONS BEFORE A COMMISSION AND BEFORE THERE'S A VOTE, SOMEBODY CAN GO UP AND SAY, YOU KNOW WHAT, I WOULD LIKE TO POSTPONE MY REQUEST, ■I THINK WENEEDTOPUT MORE INFORMATION BETTER ON THE QUESTIONS THAT WE'RE HEARING. THAT COULD HAPPEN ONCE IN A WHILE, I THINK THAT I WOULDN'T WANT TO TALK ABOUT SOMETHING FOR AN HOUR AND HAVE SOMEBODY DECIDE THAT THEY WOULD RATHER POSTPONE IT TO NEXT MONTH'S REGULAR SCHEDULED MEETING. I WOULD SAY TO THE BOARD IT'S AT YOUR DISCRETION. IF YOU WOULD LIKE SOLVE SOME PRESENTATION AND DISCUSSION ON THIS, AND AT SOME POINT SAY, WE NEED TO GO FORWARD WITH THIS OR NOT. I'M OKAY WITH THAT IF YOU ARE OKAY AS A BODY AND WANT TO DO THAT. I WOULD
SAY IT'S UP TO YOU. >> IT'S NOT UNCOMMON FOR CASES TO BE HEARD AND APPLICANTS REQUEST TIME TO ADDRESS COMMENTS THAT COME UP DURING PUBLIC COMMENT.
>> BEFORE WE VOTE IN >> BEFORE BEING VOTED ON. THAT TYPICALLY HAPPENED DURING PLANNING COMMISSION MEETING, AS OPPOSED OF BOARDING AND ZONING MEETINGS, BUT THAT IS A PRACTICE
THAT'S USED. >> GOTCHA. DOES THAT ANSWER
YOUR QUESTION, MA'AM. >> I THINK THAT'S WHERE I WAS GOING, IS WONDERING IF THERE'S MORE INFORMATION THAT WE MIGHT NEED TO GET, ALTHOUGH, I FEEL LIKE WE'RE PREPARED BUT I FEEL LIKE, I'M THINKING LIKE YOU'RE SAYING IF IT WOULD NEED TO BE A UNANIMOUS VOTE OF FOUR PEOPLE FOR MY REQUEST.
>> YES, MA'AM. >> YOU CAN REQUEST TO BE POSTPONED. THE OTHER SIDE OF THIS COIN IS THAT THE BOARD CAN SAY NO, WE WOULD PREFER TO VOTE ON THIS. THEY DON'T HAVE TO POSTPONE IT IF THEY DON'T WANT TO.
[00:05:03]
>> WHEN IT NEXT MONTHS MEETING? >> WE DNESDAY, JANUARY THE 5TH
>> IS THERE ANY GUARANTY THAT NEXT TIME, SOMEONE'S NOT GOING TO CALL THE DAY OF TO SAY THEY CAN'T COME.
>> WELL, WE HAVE EIGHT TOTAL NUMBERS, THIS IS NOT TYPICAL, I DON'T THINK IT'S HAPPENED ONE TIME THIS YEAR. SO, YOU KNOW, USUALLY, YOU HAVE A PANEL OF FIVE, AND YOU HAVE TO HAVE FOUR MINIMUM. OBVIOUSLY, I GUESS IT INCREASES YOUR ODDS, YOU KNOW, FOUR OUT OF FIVE, INSTEADED OF HAVING TO HAVE A UNANIMOUS VOTE.
SO, IT IS NOT GOING TO HURT OUR FEELINGS, AT ALL IF YOU WANTED TO POSTPONE UNTIL NEXT MONTH. IF YOU WANT TO GO AHEAD, WE'RE HERE AND WE HAVE A QUORUM TECHNICALLY, IT WOULD JUST
REQUIRE A UNANIMOUS VOTE. >> IF YOU COULD GUARANTY A
POSITIVE RESULT. >> WE'RE WITH YOU. !
>> ALL RIGHT. DOES ANYBODY WANT TO TABLE?
>> WE'RE GOING TO WAIT. >> ITEM NUMBER 2.
>> LET ME TAKE A ROLL CALL. >> CHAIR GOODNER?
>> SO, AS TO ITEM, DO I NEED THE APPROVAL OF MINUTES FIRST?
>> WE COULD DO THAT, BECAUSE WE HAVE A CHANGE WE NEED TO MAKE.
[APPROVAL OF MINUTES]
>> ANYBODY WANT TO APPROVE MINUTES?
>> I NEED TO MAKE A MOTION TO AMEND THE MINUTES ON NEW BUSINESS NUMBER 1 AND 2, THE VARIANCES FOR PO 2021-709 AND 711, WE APPROVED THIS BUT WE CHANGED IT. IT NEEDS TO REFLECT IN THE MINUTES AS MOTION PASSED AS AMENDED.
>> YES. >> MOTION TO APPROVE AS
[CHAIRMAN'S OPENING REMARKS]
>> OKAY. I NEED TO READ THIS OPENING REMARK, ANY PERSONS AGREED BY ANY DECISION OF THE BOARD MAY WITHIN 15 DAYS AFTER SUCH DECISION APPEAL TO THE CIRCUIT COURT HAVING JURISDICTION OF THE SECTION 908.02 OF THE ORDINANCE OF THE CITY OF AUBURN, PARTICIPATING IN ALL DISCUSSION BUT VOTE ONLY WHEN NECESSARY TO SHARE FOUR BOARD MEMBERS AND HAVE A BOARD CONSISTING WITH FIVE MEMBERS IF POSSIBLE. ALL DECISION ARE MADE WITH A ROLE CALL VOTE AS REQUIRED TO APPROVE AN APPLICATION FOR A VARIANCE. AS FAR AS AS VARIANCE NUMBER 2, WELL, FIRST OF ALL, ANY OLD BUSINESS?
[2. Variance to Section 604, Prohibited Signs, of the City of Auburn Zoning Ordinance]
>> I'M SORRY, WE NEED TO MOVE TO NUMBER 2. PL 2021-00776.
APPLICANT WOULD LIKE TO TABLE THAT, I'LL MOVE TO TABLE THAT
>> MR. CHAIR? >> I KNOW IT'S TECHNICAL WORDING, BUT WHY DON'T WE SAY POSTPONE IF HE COULD UNTIL THE REGULAR MEETING ON JANUARY THE 5TH. SO, POSTPONE AS OPPOSED TO TABLE, TABLE INVOLVES DIFFERENT PROCEDURES.
>> I MOVE TO POSTPONE. >> SECOND.
[1. Variance to Table 5-2, Lot area, Setback, Bulk Regulations and Parking Requirements: Neighborhood Conservation District, of the City of Auburn Zoning Ordinance]
>> ANYBODY ELSE? >> I THINK WE'RE ON
(INDISCERNIBLE) >> AS TO VARIANCE THE REQUEST PL 2021-00709, AM I CORRECT ON THAT, WE MOVE TO POSTPONE THAT
TO THE JANUARY MEETING. >> SECOND.
>> THANK YOU, GUYS AND I'M SORRY ABOUT THE CONFUSION. IT
USUALLY DON'T HAPPEN. >> ALL RIGHT, THE THIRD
[3. Variance to Table 5-2, Lot area, Setback, Bulk Regulations and Parking Requirements: Neighborhood Conservation District, of the City of Auburn Zoning Ordinance]
APPLICANT TONIGHT IS GOING TO STAY ON THE AGENDA. THIS[00:10:03]
REQUEST IS FOR A VARIANCE TO TABLE 5-2 SPECIFICALLY IT'S A VARIANCE OF 8 FEET TEETH TO THE REQUIRED MINIMUM SIDE YARD ONSTREET SETBACK OF 25 FEET TO ALLOW A SIDE YARD ON STREET SETBACK OF 17 FEET. THE APPLICANT IS LOCATED AT 120 EASTWOOD STREET IN THE NC 15 ZONING DISTRICT. THIS IS JUST WEST OF EAST UNIVERSITY JUST NORTH OF OLD MILL ROAD PRIMARILY, RESIDENTIAL AREA. NC DISTRICTS, OF ONE SIZE OR ANOTHER COMPLETELY SURROUNDING IT.>> THE APPLICANT WISHES TO MAKE AN EXTENSION ONTO THEIR HOME ON THE NORTH SIDE OF THEIR HOME WHICH FACES THE SIDE YARD OF THE STREET THAT THEY'RE ALSO ON, THE APPLICANT'S HOME SITS AT THE INTERSECTION OF EASTWOOD STREET WHICH IS FACES AND MCKINLEY AVENUE TO THE NORTH, WHICH IS THE SIDE ROAD. THIS EXHIBIT HERE SHOWS THE IN RED, THE EXPANSION THAT THE APPLICANT WISHES TO DO. THE BROWN LINES REPRESENT CONTOUR LINES IN THIS AREA. THE APPLICANT'S HOME DOES SIT ON A WELL SLOPED LOT ALTHOUGH, IT DOES NOT MEET THE SPECIFIC DEFINITION OF A STEEP LOPE, PER THE CITY'S DEFINITION, THE RISE DOES REPRESENT A SLOPE OF 7 FEET OVER OVER FOOT OF RISE 7 HORIZONTAL FEET OF RISE.
BASED ON THE BUILDABLE AREA BEHIND THE HOME. THE SET BACKS IN THIS AREA ARE FAIRLY CONSISTENT WITH OTHER RESIDENTIAL AREAS, SIDE YARD SETBACKS ARE MEANT TO PROVIDE CONTINUITY BETWEEN TO STREETS AS IT COMES TOGETHER. OTHER HOMES IN THE AREA ARE NOT TOO DISSIMILAR FROM THIS PROPOSAL.
BETWEEN THAT FACT AND THE SLOPE AS IT IS IN THE BACK, STAFF IS RECOMMENDING APPROVAL. APPLICANT IS HERE, OBVIOUSLY TONIGHT, PENDING ANY QUESTIONS OF STAFF, WE RECEIVED NO CORRESPONDENCE FROM OTHER PEOPLE. WE USUALLY GET A STECH FOR SOMETHING TO SHOW US WHAT'S GOING TO BE GOING IN THERE.
>> WE DO HAVE THAT BUT, WE'RE NOT.
>> OPEN TO THE APPLICANT. AND I DO HAVE THE LAYOUT IF YOU
WANTED TO SEE THAT. >> YES, WE WOULD LIKE TO SEE
THAT. >> THIS IS THE EXISTING ONE, RIGHT NOW. THIS IS THE LOWER LEVEL YES, THIS IS THE ADDITION?
>> OKAY. >> AND I HAVE A SUBDIMENSION ON
THIS DRAWING. >> THIS IS THE SAME?
>> AND THIS IS SHOWING WHAT YOU'RE DOING, SO YOUR ADDING A
MASTER OR OFFICE OR WHATEVER? >> YES.
>> OKAY. >> AND SOME UTILITY SPACE.
>> DO YOU HAVE PROPOSED MATERIALS IF WE BREAK EXTERIOR, OR ARE YOU BREAKING THAT DRASTICALLY?
>> NO, ONE OF THE ADVANTAGES OF THIS IS TO BREAK THE ROOF LINE, MY WIFE WOULD VERY MUCH LIKE TO LOOK LIKE IT'S NOT AN ADDITION.
WE'LL MATCH THE TEXTURE AND PAINT THE BRICK.
>> OKAY. >> AND I READ REPORT IF YOU
WOULD TAKING ANYTHING TO THE. >> YOU MAY PROBABLY KILL THE
[00:15:12]
TREE IF YOU TOOK THAT OUT, IT'S FAIRLY LARGE. ANY OTHERQUESTIONS? >> I APPEAL TO YOUR HUMANITY, I HAVE A BABY COMING, THAT'S WHY I WAS ENABLE TO POSTPONE. NOT ONLY DOES THIS PROPOSAL YOU KNOW, MEET ANY CITY REQUIREMENTS, I THINK YOU WILL STILL HAVE 27 FEET TO THE CURB.
PLENTY OF ROOM, I THINK FOR SIDEWALKS, OR WHATEVER CITY PROJECTS WOULD NEED TO HAPPEN. IT ALSO JUST MAKES SENSE WITH THE LAYOUT OF THE HOME, YOU WOULDN'T KNOW THERE WAS AN ADDITION, IT WAS JUST, A LOT OF HOMES IN THE AREA OF SPLAR SPLIT LEVEL ARCHITECTURE, HAVE AGO LONGER LOWER LEVEL. I THINK I SITED A FEW IN THE APPLICATION. SO, JUST LOOKING AT THE LAYOUT THIS MAKES IT SENSE, YOU DON'T HAVE TO SPEND A LOT OF MONEY IN RETAINING WALLS, MOVING TREES, AND I THINK IT WOULD JUST LOOK GOOD IN THE AREA. AND LOOKING AT SOME OF THE OTHER HOMES ON MCKINLEY AVENUE, IT'S A DIFFERENT ZONE UP THROUGH MCKINLEY. I DON'T KNOW IF IT'S A SMALLER STREET, BUT I DID MEASURE SOME OF MY NEIGHBOR'S, WITH MY STEPS, AND A COUPLE OF THEM LOOKED LIKE THEY WOULD BE WITH 27 FEET TO THE ROAD. SO, I REALLY THINK THIS WOULD BE HARMONIOUS TO THE NEIGHBORHOOD
AND ADD VALUE TO THE AREA. >> HAVE YOU SPOKE TO ANY OF OUR
NEIGHBORS? >> YES. A FEW OF THEM, AND THEY DON'T HAVE A PROBLEM WITH IT. THE REAL TEST IS MY WIFE.
SHE WOULDN'T LIKE IT IF IT LOOKED BAD. THAT'S ALL I HAVE.
>> OPEN TO PUBLIC HEARING? >> CLOSE PUBLIC HEARING. OPEN
TO BOARD DISCUSSION? >> DOES THE SETBACK INCLUDE THE
7-FOOT RIGHT-OF-WAY? >> IT DOES NOT.
>> HAVE YOU EVER HAD THAT BEFORE?
>> THE SETBACK IS FROM THE PROPERTY LINE NOT THE CURB.
>> SO, IN THIS CASE, THE PROPERTY LINE IS 7 FEET OFF THE
>> THAT'S NEW. >> AND IT'S AN ACTUAL 7 EXTRA
FEET. >> I MEAN, I GET IT, BUT WE HADN'T HAD THAT RIGHT-OF-WAY DISCUSSION THAT I RECALL ON DIFFERENT THINGS THAT WE'VE DONE.
>> GENERALLY RIGHT-OF-WAY WILL INCLUDE IF YOU CONSIDER, IF YOU CONSIDER FROM THE CENTER LINE OF THE ROAD, IT'S GOING TO PREFERABLE BE ON BOTH SIDES. THAT'S NOT ALWAYS THE CASE WHEN YOU GET CLOSER INTO THE CENTER OF TOWN, WHICH IN AND OF ITSELF RESULTS IN OFTEN SETBACK REQUESTS BECAUSE THEY AREN'T
NECESSARILY ALIGNED. >> I UNDERSTAND THAT, BUT I WAS VIEWING IT MORE AS AN EASE PAL AS OPPOSED TO A PROPERTY LINE.
>> THERE'S USUALLY AN EASEMENT ON PROPERTY LINES THAT EXTEND OUTSIDE OF THE RIGHT-OF-WAY. BUT SETBACKS ARE MEASURED FROM PROPERTY LINES WHICH DON'T ALWAYS CODE -- OR GENERALLY THERE'S SOME DISTANCE WHERE THEY BE 10 FEET, FIVE FEET AWAY FROM THE CURB DEPENDING ON THE ROAD WIDTH AND THE AREA. THE AREA WOULD DETERMINE THE SETBACKS, LIKE THMR. KUHN.
>> HE'S MET ALL THE REQUIREMENTS.
>> HE HAS, BUT NOTHING THAT A CONTAINER OF DIRT WOULDN'T FIX.
>> CAN I HEAR A MOTION? >> I'LL MAKE A MOTION TO
APPROVE AS PRESENTED. >> SECOND.
>> THANK YOU. >> ANY OTHER BUSINESS?
>>
* This transcript was compiled from uncorrected Closed Captioning.