[ROLL CALL]
[00:00:08]
>> GOOD AFTERNOON, WE'LL CALL TO ORDER THE FEBRUARY 2ND BOARD OF ZONING ADJUSTMENT REGULAR MEETING.
I'LL START WITH ROLL CALL. >> DREW GOODNER.
[APPROVAL OF MINUTES]
>> HERE. -- ALL RIGHT, DOES ANYONE HAVE ANY COMMENTS ON THE MEETING FROM JANUARY 5TH?
I WAS ABSENT THEN. >> NO, I WILL MAKE A MOTION TO APPROVE THE MINUTES FROM JANUARY 5, 2022.
>> YES >> EMY YES KIMBERLY YES MARTY
[CHAIRMAN’S OPENING REMARKS]
>> YES. >> OKAY, ANY PERSONS AGGRIEVED BY ANY DECISION OF THE BOARD MAY WITHIN 15 DAYS AFTER SUCH DECISION APPEAL TO THE CIRCUIT COURT HAVING JURISDICTION ACCORDING TO THE ZONING ORDINANCE OF THE CITY OF
[1. Variance to Section 604, Prohibited Signs, of the City of Auburn Zoning Ordinance PL-2021-00776]
ALABAMA. FOR OLD BUSINESS, WE HAVE PL-2021-00776. KIM, YOU'RE GOING TO RECUSE YOURS AND LATICIA, YOU WILL BE VOTING ON THIS ONE.GOOD AFTERNOON. THIS IS A REQUEST FROM ST HOLDINGS LLC. THE REQUEST IS A VARIANCE TO ALLOW A MURAL WHEN THEY ARE NOT ALLOWED WITHIN THE CITY LIMITS.
SECTION 604 PROHIBITED SIGNS STATES THAT MURALS ARE PROHIBITED AND JUST TO GIVE Y'ALL A LITTLE BIT MORE INFORMATION ABOUT MURALS, I WILL GIVE YOU THE DEFINITION.
IT'S UNDER SECTION B WITHIN YOUR STAFF REPORT BUT I WILL READ THAT ALLOWED. A MURAL IS DEFINED AS A SIGN THAT CONSISTS OF GRAPHICS OR A WORK OF ART THAT IS PAINTED, DRAWN, OR APPLIED TO AN EXTERIOR WALL.
DOES NOT DEPACT OR CONTAIN ADVERTISING, LOGOS, OR IMAGES OF A PRODUCT, SERVICE, OR BUSINESS, AND IS A REPRESENTATION OF A CREATE I HAVE IDEA THAT IS EXPRESSED IN A FORM AND MANNER AS TO PRIMARILY PROVIDE AESTHETIC ENYOIMENT FOR THE VIEWER RATHER THAN TO SPECIFICALLY CONVEY A COMMERCIAL MESSAGE. THE MURAL IS LOCATED ON A BUILDING ALONG OPELIKA ROAD, AT 1415 OPELIKA ROAD.
BEDS EXPRESS, THEY HAVE OCCUPIED THAT LOCATION SINCE 2011.
THE MURAL BEGAN WORK BACK IN THE FALL AND WE WERE NOTIFIED, CITY STAFF WAS NOTIFIED OF THE MURAL, SO THEY -- INSPECTION SERVICES WENT OUT TO THE LOCATION AND THE MURAL WAS STILL BEING PAINTED.
IT WAS FINALLY COMPLETE AT THE END OF SEPTEMBER, I BELIEVE, AND WE WORKED WITH THE APPLICANT ON TELLING HIM IF HI CANTED TO GET A VARIANCE TO TRY TO GET THE SIGN, HE COULD APPLY FOR SUCH.
WE RECEIVED THE APPLICATION. THE MEETING WAS POSTPONED IN DECEMBER AND YON AND THE MURAL DOES NOT SATISFY THE REQUIREMENTS OFJANUARY AND THE MURAL DOES NOT SATISFY THE REQUIREMENTS OF A VARIANCE SO WE DO RECOMMEND DENIAL ON THE SHOULD THE BOARD ALLOW THE VARIANTS TO APPROVE, YOU GUYS MUST MAKE THAT DECISION THAT THE MURAL MEETS EACH CRITERIA OF THE VARIANCE REQUIREMENTS. UH THE UP AN APPLY CANT IS HERE, AND WE DID RECEIVE A COUPLE OF CORE SPAWN DANCE ON THE CASE AND BOTH WERE IN FAVOR OF ALLOWING THE MURAL.
IF YOU HAVE ANY QUESTIONS, I WOULD BE HAPPEN TO -- HAPPY TO
ANSWER THEM. >> I'M AWARE OF A FEW MURALS IN AUBURN. IT'S BAN WHILE, THERE ARE NOT
THOSE THAT ARE PRESENT WERE PRIOR TO 2010.
>> AND I HAVE A REASON WHY YOU DON'T HAVE MURALS AND I GUESS
THERE -- >> I DON'T KNOW IF THAT WE DON'T
LIKE THEM. >> BUT THERE'S A REASON IT'S NOT THERE UH U UH-UH UH U UH-UH U UUH
[00:05:09]
UH-UH UH-UH UH- UH-UH UH UUU UH-UH UH ACAN PAINT THE BUILT BILLING BUT IT CAN'T HAVE LETTERS OR>> CAN YOU REPEAT THE LAST THING YOU SAID.
IF WE APPROVE THE MURAL, WE WOULD HAVE TO DO -- CAN YOU
REPEAT THAT? >> SURE, YOU NEED TO MAKE SURE THAT THE REQUEST MEETS THE CRITERIA AS SPELLED OUT WITHIN
GOT YOU. >> I WANT TO GO ON RECORD SAYING I LOVE ART, I HAVE A CHILD IN ART SCHOOL.
I HAVE NO PROBLEM WITH THIS IN HERERY.
THERE ARE SIGNIFICANT LOGOS NOT ONLY ASSOCIATED WITH THE UNIVERSITY THAT CLEARLY HAVE TO GO THROUGH SOME SORT OF TRADEMARKING SO I WOULD THINK THE UNIVERSITY WOULD TAKE UM BRIDGE WITH THIS, NUMBER ONE. NUMBER TWO, THERE ARE TWO VERY DISTINCTION LOGOS O LOGOS OF BU THAT I CAN TELL.
IT'S NOT ADVERTISEMENT BUT I CAN SEE THAT IT IS ADVERTISEMENT.
I'M CURIOUS HOW WE CAN SAY IT'S NOT ADVERTISING.
>> BECAUSE THE DEFINITION CONTAINS ADVERTISING LOGOS,
IMAGES, PRODUCTS. >> IT SAYS IT DOES NOT DEPICT.
>> BUT SOMETHING ELSE IN THE ORDINANCE DOES NOT ALLOW ADVERTISEMENT ON THAT SITE FOR ANOTHER BUSINESS.
>> THANK YOU, DREW, THAT'S CORRECT
>> THE UNIVERSITY HAS REACHED OUT AND THEY DO HAVE SOME ISSUES WITH THE USE OF THEIR PROPERTY, AND I BELIEVE THEY ARE GETTING IN COUCH WITH THE APPLICANT. AS FAR AS THE OTHER BUSINESSES IDENTIFIED IN THE MURAL, WE HAVE NOT HEARD FROM THEM.
>> THANK YOU, KATY. >> I HAVE A QUESTION ABOUT THE -- I KNOW THAT THIS WAS BROUGHT UP IN A LOT OF COMMUNITY CHATTER OVER THIS ISSUE, REFERENCES TO A PUBLIC ART INITIATIVE SO I WANTED TO ASK YOU TO SPEAK ON THAT AND WHERE YOU ARE WITH THAT AND WHAT HAPPENED WITH THIS.
>> SURE. BACK OVER THE SUMMER WITH DID HAVE A WORK SESSION WITH THE PLANNING COMMISSION TO DISCUSS MURALS AND THE ALLOWANCE OF MURALS MORPHED INTO A BIGGER PROJECT OF A PUBLIC ART INITIATIVE AND CREATING A PUBLIC ART COMMISSION. THAT ENTAILS APPROVAL BY THE COUNCIL AND CREATION OF ANOTHER BOARD OR COMMISSION.
THAT WAS A LITTLE OUT OF OUR WHEEL HOUSE TO SAY THAT A COMMISSION NEEDED TO BE FORMED TO APPROVE THE MURALS, BUT THAT WAS JUST WIN OPTION IN ORDER TO ALLOW MURALS, SO IT COULD BE EACH MURAL COULD BE VETTED, HOW MUCH OF A BUILDING COULD BE COVERED WITH A MURAL. DIFFERENT CRITERIA OF WHAT WE THINK SHOULD BE CONTROLLED FOR THE MURAL.
>> THAT WOULD MAKE THEM HAVE TO COME BACK AND GET A VARIANCE AND GO THROUGH THAT PROCESS. THAT COMMISSION, WOULD THEY THEN
COME TO US? >> THAT WOULD ALLOW MURALS T.
PROHIBITION, 604FF WOULD THEN BE REMOVED FROM THE ZONING ORDINANCE. BUT AFTER THAT MEETING IN JUNE OR JULY, I CAN'T REMEMBER WHEN THAT OCCURRED, WE HAVE NOT MET
ON THE SUBJECT SINCE. >> IS THAT BECAUSE THERE WASN'T INTEREST IN THE CITY? OF WE HAD OTHER PRESSING ITEMS
THAT NEEDED TO GET ROLLING. >> RESOURCE ALLOCATION.
>> BUT IT HASN'T GONE AWAUGH. WE HAVEN'T PICKED BACK UP ON IT.
>> IS THERE AN INTENTION OR TIME LINE TO DO SO?
>> NOTHING HAS BEEN BROUGHT UP YET.
>> SO FOR CLARIFICATION, THIS PROJECT WAS STARTED, THIS MURAL WAS STARTED UNDER THE GUISE OF ANOTHER INITIATIVE? NOT TRUE? OKAY.
>> NO, THEY DID NOT REACH OUT TO US TO REQUEST IF IT WAS ALLOWED.
WE RECEIVED A COMPLAINT AND INSPECTION SERVICES WENT OUT TO CHECK AND, YES, THERE WAS A MURAL.
>> THANK YOU, KATY. >> THE APPLICANT IS PRESENT.
>> OKAY, WOULD THE APPLICANT LIKE TO COME UP AND SPEAK?
[00:10:06]
>> SIGN IN RIGHT THERE IF YOU DON'T MIND.
>> SO I DIDN'T REALLY KNOW WHAT I WAS GOING TO BE NEEDING, LIKE IF QUESTIONS WERE GOING TO BE ASKED OR ANYTHING LIKE THAT SO Y'ALL FEEL FREE TO SHOOT THOSE AT ME.
I DOESN'T ASK FOR PERMISSION AHAD HAD OF TIME OR ANYTHING LIKE THAT. MY BAD ON THE ASSUMPTION THAT I COULD PAINT A MURAL ON THE SIDE OF OUR OWN BUILDING BUT WE TRIED TO STAY AWAY FROM SPECIFICALLY ANYTHING THAT COULD BE CON TRIED AS ADVERTISING FOR OUR BUSINESS. A LITTLE BACK STORY TO MAMA G'S AND CHICKEN SALAD CHICK, THOSE ARE QUINT ESSENESSENTIALLY AUBU I HAVE A PREVIOUS RELATIONSHIP WITH CHICKEN SALAD CHICK SO IF IT COMES DOWN TO I JUST NEED TO REMOVE THOSE LOGOS, I CAN FIGURE OUT SOMETHING ELSE TO PUT IN THE U, SO JUST TO PUT THAT OUT THERE. SAME THING WITH TUMOR'S DRUGS, I WISH THERE WAS DE OESCH THERE YOU GO.
SO TOOMER'S IS ALSO ON THERE. THAT'S PART OF AWE BURN'S TRADITION. THERE WAS NO INTENTION OF ADVERTISING. I DID NOT EVEN ASK MAMA G'S OR CHICKEN SALAD CHICK FOR PERMISSION.
IT'S NOT THEIR FULL LOGOS, I DON'T KNOW IF YOU CAN ARGUE THAT OR NOT. THE STADIUM, AUBURN'S LOGO IS ON THERE, SURE, BUT JUST PART OF THE COMMUNITY.
IF WE NEED TO MODIFY THAT, IT IS EASILY DONE.
IN FACT, CHRIS DAVIS' HELMET DID NOT HAVE AN AUBURN LOGO ORIGINALLY BUT HE'S ADDED THAT BACK ON.
DO YOU WANT TO SHOOT ME ANY QUESTIONS?
>> I THINK YOU'RE FINE. I THINK IT DOES LOOK GREAT, DON'T HAVE AN ISSUE WITH MURALS BUT IT'S IN DIRECT VIOLATION OF THE ORDINANCE AND IF IT WAS YOU WERE COMING BEFORE US AND IT HAD NOT BE DONE YET IT ABSOLUTE WOULD BE DENIED.
I DON'T LIKE THE FORE GIVENESS SCENARIOS, BY I THINK IT'S SOMETHING THAT CITY COUNCIL AND PLANNING TAKES UP.
I DON'T LOVE WHEN THINGS LIKE THIS FALL UNDER OUR PURVIEW.
THERE'S NO GRAY AREA IN MY OPINION HERE.
I THINK THE ONES AROUND TOWN LOOK NICE VERSUS JUST A BASIC
BRICK WALL BUILDING. >> THAT'S MORE ATTRACTIVE THAN
>> DON'T NEED MORE THAN THEM. >> SHRIMP BASKET, THERE WAS PERMISSION. YOU COULD SAY THAT'S ADVERTISING BECAUSE AN EAGLE WITH A SHRIMP IN IT CLAWS, THIS HAS ABSOLUTELY 0, ANYTHING THAT COULD BE CON TRUED AS ADVERTISING.
>> WHAT HAS THE UNIVERSITY SAID? >> KAY DIMENSIONED TIONED THAT,T
HEARD FROM THEM. >> YOU HAVE THE LAVE ON THERE.
>> YEAH, I THOUGHT THAT WAS NEAT.
IT'S HIDDEN BEHIND A BUNCH OF BUSHES BUT ANYWAY, I THOUGHT
THAT WAS NEAT. >> ANY OTHER QUESTIONS FOR THE APPLICANT? ALL RIGHT.
WELL OPEN UP THE PUBLIC HEARING IF ANYONE WOULD LIKE TO SPEAK IN FAVOR OF AGAINST THIS VARIANCE REQUEST. 'LL OPEN UP THE PUBLICG IF ANYONE WOULD LIKE TO SPEAK IN FAVOR OF AGAINST THIS VARIANCE REQUEST. YOU CAN COME UP AND SIGN IN AND
[00:15:04]
SPEAK, PLEASE. >> HOW Y'ALL DOING? I THINK IT'S PRETTY AWESOME THAT OUR COMMUNITY HAS TO HAVE MEETINGS TO DECIDE ON SOMETHING SO GOOD LOOKING AND COULD BE A FUTURE STAPLE IN THE COMMUNITY FOR PEOPLE TO TAKE PICTURES AT.
I DON'T KNOW IF ANY OF YOU FOLLOW SOCIAL MEDIA AT ALL BUT IF YOU'RE FOLLOWING THE WHAT HAPPENS ON AUBURN OPELIKA PAGE RIGHT NOW, THERE ARE HUNDREDS AND HUNDREDS OF COMMENTS IN SPORT OF KEEPING THIS MURAL BECAUSE OF HOW MANY PEOPLE HAVE COME TO TOWN, TAKEN PICTURES OF IT.
IT'S PART OF A STAPLE IN OUR COMMUNITY IN TOWN.
THERE'S NO MORAL, ETHICAL OR ANY REASON WHY WE SHOULD HAVE TO TAKE THIS DOWN IN MY OPINION. THERE WAS ONE COMPLAINT VERSUS THE HUNDREDS OF COMMENTS IN SUPPORT THAT'S COME ALONG FOLLOWING THAT, INCLUDING THE PEOPLE WHO WERE WILLING TO SHOW UP THE MEETING TO SPEAK FOR IT TONIGHT AGAINST THE PEOPLE NOT WILLING TO SHOW UP AND SPEAK AGAINST IT.
TO ME, IF IT'S AN ISSUE BETWEEN THE UNIVERSITY AND THE TRADEMARK, THAT NEEDS TO BE HANDLED BETWEEN THE UNIVERSITY AND THE APPLICANT AND THE TRADEMARK.
IF WE'RE MAKING A DECISION ON WHAT'S RIGHT AND WHAT'S WRONG, WHAT JUSTIFIES AN EXCEPTION, IF THERE'S ANY REASON ANYBODY SHOULD BE OFFENDED BY THIS IN ANY WAY IT SHOULD BE WRONG, I UNDERSTAND THAT BY THERE'S NO WAY TO ARGUE THAT THIS MURAL GOES AGAINST MORALS OR ETHICS OR BEING OFFENSIVE TO ANY GROUP OR ANY BODY OF PERSONS. TO ME, I THINK IF THERE'S SOMETHING THAT JUSTIFIES THE EXCEPTION FOR THE RULE, WE NEED TO LOOK AT THAT VERSUS HAVING AN ABSOLUTE NO BEFORE WE DO THIS.
IF THERE'S STUFF THAT NEEDS TO BE MOVED, LET'S WORK WITH THE APPLICANT TO KEEP ANOTHER TRADEMARK IN AUBURN, A STAPLE WHERE SOMEBODY CAN COME AND TALK PICTURES, HASHTAG IT AND MAKE IT PART OF THE COMMUNITY. TO ME, IT ADDS TO THE COMMUNITY.
YOU WILL SEE A HECK OF A LOT MORE SUPPORT FOR IT THAN YOU DO NOT. ANY QUESTIONS I CAN ANSWER?
THANK Y'ALL FOR YOUR TIME. >> I KNOW THAT BOTH OF THESE SPEAK RES DID SIGN IN AND WE'LL HAVE THEIR NAME FOR THE RECORD LATER ON BUT IT MIGHT BE NICE -- NORMALLY --
>> SORRY, I HAVE NEVER DONE THIS BEFORE.
I'M CRAIG MILL RE AND WE LIVE ON ANALOU.
BORN AND RAISED HERE, PARENTS BEEN HERE SINCE THE 70S AS WELL, BUT FULL SUPPORT OF WHAT THE AUBURN COMMUNITY MEANS.
I THINK THE MURAL THAT IS WE DO HAVE HAVE BECOME STAPLES JUST LIKE THE BUSINESSES REPRESENTED IN THIS AND IF THERE'S A PROBLEM WITH THE BUSINESS AND THE BUS HAS A PROBLEM WITH THEIR LOGO BEING ON HERE, I THINK THEY FEED TO TAKE THAT UP THINK THEY FEED
WITH THE APPLICANT AS WELL. >> I WILL ADDENED I CAN'T REMEMBER IF I MENTIONED THIS WHEN I PRESENTED, THE UNIVERSITY AND THE BUSINESSES NOTED IN THE MURAL THEIR DISALLOWANCE OR THEM NOT WANTING TO BE IN THE MURAL HAS NOTHING TO DO WITH THE
ZONING ORDINANCE. >> THANK YOU.
>> WE WILL -- IF I CAN JUST MAKE A COMMENT THERE BASED ON ALL THE DISCUSSION THAT WE HAVE HEARD SO FAR TONIGHT.
I JOE WANT TO REITERATE A LOT OF WHAT'S ALREADY BEEN SAID BY STAFF. WE DIDN'T ENTER INTO THIS DISCUSSION AND CONSIDERATION OF THIS REQUEST BASED ON WHETHER WE LIKE THE ART WORK OR THE MURAL, WHETHER IT LOOKS ATTRACTIVE OR UNATTRACTIVE. IT DOESN'T ENTER INTO THE CONVERSATION. I THINK NO ONE HERE IS OFFENDED BY THE GRAPHIC, PER SE. IT'S A MATTER OF THE LAYS THE CITY HAS PASSED THAT APPLIES TO THIS TYPE OF IMAGE AND IT BEING A MURAL AND WHETHER WE ALLOW OR DON'T ALLOW MURALS IN THE CITY OF AUBURN. IT'S A DECISION FOR THE CITY COUNCIL TO MAKE AND IT WOULD REQUIRE ON AMENDMENT TO THE SCENEING ORDINANCE AND TAKE IT TO CITY COUNCIL E CITY COUNCIL AND HAVE THEM DOT THE CHANGE. THOSE ARE ALWAYS POSSIBLE AND THAT WOULD BE THE PROPER RELIEF. THE FACT THAT MAYBE A VARIANCE WAS APPROVED IN THE PAST, THAT WOULD NOT SET A PRECEDENT THAT WOULD CONTROL YOUR DECISION HERE TONIGHT.
YOU WOULD MAKE A DECISION BASED ON THE FACTS BEFORE YOU THIS EVENING. YOU ALREADY MENTIONED THE APPLICABILITY OR UNAPPLICABILITY OF THE CITY'S RESPONSIBILITY TONIGHT WITH REGARD TO AUBURN UNIVERSITY LOGOS OR TRADEMARKS AND THINGS OF THAT NATURE. THAT'S NOT SOMETHING YOU NEED TO
[00:20:01]
CONSIDER, EITHER. IF YOU HAVE ANY QUESTIONS FOR ANY OF US, LET US KNOW. THANK YOU.>> THANK YOU. >> ALL RIGHT, WE WILL CLOSE THE PUBLIC HEARING AND OPEN IT UP FOR A DISCUSSION AND/OR MOTION.
>> WELL, I WOULD LIKE TO GO ON RECORD AS SAYING I, TOO, LIKE THE MURAL AND I'M A FAN OF MURALS IN GENERAL AND I THINK IT'S IMPORTANT WHETHER IT'S THIS ISSUE OR ANOTHER ITEM THAT COMES BEFORE THE BZA OR PLANNING COMMISSION OR WHATEVER, THAT THERE IS SOME INITIATIVE WITHIN THE CITY TO ADDRESS THOSE.
HOPEFULLY IT BUNDT -- DOESN'T QUIT COMING UP BECAUSE I THINK THIS AND OTHER PUBLIC ART ADDS TO OUR PLACE AND I DON'T THINK ANYONEOTHER PUBLIC ART ADDS TO PLACE AND I DON'T THINK ANYONE DISAGREES WITH THAT. I WOULD LIKE US TO GO THROUGH THESE MEASURES WIN BY ONE IF WE CAN BECAUSE IF THAT'S WHAT WE NEED TO DO TO PASS IT OR DENY IT, I WANT TO MAKE SURE WE'RE ALL CLEAR ON WHY IT'S APPROVED OR DENIED SO THE PEOPLE WHO HAVE TALKED ABOUT THIS ON SOCIAL MEDIA AND HAVE CONTACTED ME PERSONALLY FEEL LIKE THEY UNDERSTAND THE REASON FOR THE DECISION ONE WAY OR ANOTHER. ANYONE ELSE?
>> I AGREE WITH YOU SAID. IT'S NOT AN ISSUE OF THE PUBLIC ART. I'M HIS AND THE TO MAKE A RULING ON THIS AND THEN HAVE CITY COUNCIL -- I KNOW WE CAN'T DO THAT BUT HAVING PLANNING COMMISSION AND CITY COUNCIL SAYING WE WOULD ALLOW THIS AND THEN WE MAKE HIM COVER IT UP.
A LOT OF TIME AND MIN AND EFFORT WENT INTO IT.
OTHER CITIES DO THIS VERY SUCCESSFULLY.
I THINK IT'S SHORTSIGHTED BY AUBURN AS A CITY TO NOT ALLOW THAT BUT ON THE FLIP SIDE, I UNDERSTAND THAT IF WE ALLOW MURALS, ONLY GOD KNOWS WHAT WE WOULD END UP WITH.
>> WE CAN READ THROUGH THEM AND I DON'T THINK THERE'S ANYTHING THAT APPLIES, THAT MAKES IT ELIGIBLE FOR A VARIANCE.
I THINK EVERYBODY LIKES THE MURAL AND HOW IT LOOKS, BUT.
>> DREW, I HAVE A QUESTION. WHAT'S THE RECOURSE.
LET'S SAY WE VOTE AND IT'S NOT APPROVED.
>> THEY CAN REPEAL IT AND IT WOULD GO TO THE CUR SUMMIT COURT. I THINK THERE ARE OTHER AVENUES BUT IT DOESN'T FALL UNDER OUR PURVIEW FOR US TO -- THAT'S MY
OPINION. >> WE CAN'T MAKE THE RULES.
WE JUST HAVE TO ENFORCE WHAT'S ALREADY MADE AND WE DID NOT MAKE THESE VARIANCES. I HAVE SEEN THE SOCIAL MEDIA.
I AGREE WHOLEHEARTEDLY WITH EVERY PERSON'S OPINION ON THAT BEFORE BUT OUR HANDS ARE SOMEWHAT TIED.
I UNDERSTAND WHY THOSE THINGS ARE SET IN PLACE.
>> THAT'S CORRECT AND MR. FOOT DID PROVIDE YOU WITH THE WAY THAT IT WOULD BE ALLOWED WITHIN THE ORDINANCE.
IT WOULD HAVE TO GO THROUGH THE COUNCIL BY WAY OF AN AMENDMENT TO THE ZONING ORDINANCE THAT WOULD START WITH THE PLANNING COMMISSION AND WORK UP TO CITY COUNCIL.
>> THIS DID NOT START UNTIL SEPTEMBER SO THIS IS NOT ON
THEIR RADAR AT ALL, CORRECT? >> PLANNING COMMISSION IT HAS NOT BEEN BROUGHT UP AGAIN SENSE OUR WORK SESSION IN JUNE OR JULY. IT WAS MENTIONED LAST NIGHT AT
THE COUNCIL MEETING. >> DO WE HAVE A RECORD OF THE
COMMENTS? >> ONE OF THE COUNSEL SILL MEMBERS ASKED ABOUT MURALS OR ART AND THEY SUGGESTED THAT THEY WOULD TAKE A LOOK AT THAT SO WE'LL BE LOOKING AT THAT.
>> I WILL ALSO SAY THAT THE LONG RANGE PLANNING TASK FORCE, WHAT IS IT? 2040, RIGHT? IT'S TAKING SO LONG. WE HAD 2040.
BY THE TIME WE HAVE IT, IT WILL BE THE 2050 PLAN, BUT, YES, THE 2040 PLAN. THAT CAME UP MULTIPLE TIMES AND SO I DON'T WANT MEMBERS OF THE PUBLIC TO THINK THAT IT'S JUST
[00:25:07]
BEEN A SMALL THING BURIED WITHIN YOUR DEPARTMENT.IT'S COME UP IN LOTS OF PUBLIC FORUMS. THAT EFFORT HAS BEEN STALLED BUT THAT WAS FRONT AND CENTER,
PUBLIC ART IN GENERAL. >> I WILL SAY IT IS ON OUR RADAR FOR THE DEPARTMENT AS A POSSIBLE WORK ITEM FOR THE NEXT YEAR.
THERE WAS ONE MEETING WHERE ONE PARTICULAR PLANNING COMMISSION MEMBER ASKED WHAT THE STATUS WAS SO I THINK THERE'S SOME INTEREST ON THE PLANNING COMMISSION FOR OPENING THAT DIALOGUE UP AGAIN.
>> THANK YOU. >> CONTACT YOUR PLANNING
COMMISSION PEOPLE. >> THESE ARE THE CRITERIA THAT EVERY ITEM HAS TO BE WEIGHED AGAINST.
I'M JUST GOING TO READ THIS FIRST ONE.
THE GRANTING OF THE VARIANCE SHALL BEEN IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE REGULATIONS [INDISCERNIBLE] OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE.
I DON'T FEEL LIKE THIS IS INJURIOUS OR DETRIMENTAL OR OUT OF HARMONY BY THE INTENT AND GENERAL PURPOSE OF THE REGULATIONS IMPOSED BY THE ZONING ORDINANCE.
THAT'S MY OPINION. ANYONE ELSE HAVE ANYTHING TO SAY ABOUT THAT? THE GRANTING OF THE VARIANCE WILL NOT PERMIT THE ESTABLISHMENT OF ANY USE WHICH IS NOT PERMITTED IN THE DISTRICT.
HERE WE GET TO AN ISSUE. WELL, THERE'S NO USE.
USE OF THE PROPERTY IN TERMS OF WHETHER IT'S YOU'RE NOT A RETAIL ESTABLISHMENT TRYING TO BE IN A RESIDENTIAL NEIGHBORHOOD BUT IN TERMS OF THE MURAL ITSELF, THAT'S WHERE IT BECOMES DICY
SINCE THERE IS THAT. >> JUST OUT OF CURIOSITY, AS YOU'RE GOING THROUGH THESE, WOULD YOU LIKE FEEDBACK FROM STAFF? I KNOW YOU HAVE THE INFORMATION IN YOUR REPORT OR IF YOU WANT ME TO WAIT UNTIL THE END.
>> I THINK AT THE END YOU CAN. I THINK FROST WANTS CLARITY AND CLARIFICATION FOR THOSE WHO ARE NOT AS FAMILIAR WITH WHAT WE DO AND THAT WE'RE NOT ANTIMURAL, THAT WE'RE MERELY FOLLOWING A SOMEWHAT WRIT LIST AND THERE'S A GRAY AREA IN WHAT WE DO AN THIS ONE DOESN'T FALL MUCH WITHIN THE GRAY AND I THINK THAT'S WHAT WE WOULD ALL LIKE, A LITTLE CLARITY THERE.
>> THIS IS THE TOOTH OF THE ARGUMENT AGAINST IT AND THAT'S JUST THAT SECTION 907.03.B PROHIBITS MURALS SPECIFICALLY IN THIS AREA SO THAT'S WHY WE'RE ALL HERE.
PART C, PROOF OF UNIQUE CIRCUMSTANCES.
THERE MUST EXIST SPECIAL CIRCUMSTANCES OR CONDITIONS FULLY DESCRIBED IN THE FINDINGS APPLICABLE TO THE LAND OR BUILDINGS FOR WHICH THE VARIANCE IS SOUGHT WHICH CIRCUMSTANCES OR CONDITIONS ARE PECULIAR TO SUCH LANDS AND BUILDINGS AND DO NOT APPLY GENERALLY TO LAND IN THE DISTRICTS AND THE STRICT APPLICATIONS OF THE PROVISIONS OF THIS ORDINANCE WOULD DENY APPLICANT OF REASONABLE USE OF SUCH LAND AND BUILDINGS.
THERE ARE NO UNIQUE CIRCUMSTANCES RELATED TO THIS BUILDING OR THIS LAND AND THEN IT REFERENCES WHEN THE ORDINANCE AGAINS CREATED.
LETTER D, THERE MUST BE PROOF OF UNNECESSARY HARDSHIP.
IT'S NOT SUFFICIENT USE OF HARDSHIP TO SAY THAT [INDISCERNIBLE] BY ONE WHO PURCHASES WITH OR WITHOUT KNOWLEDGE OF THE RESTRICTIONS. IT MUST RESULT FROM THE APPLICATION OF THIS ORDINANCE, IT MUST BE SUFFERED DIRECTLY BY THE PROPERTY IN QUESTION AND EVIDENCE OF OTHER VARIANCE SHALL NOT BE CONSIDERED. STAFF DES THERE'S NO PROOF OF UNNECESSARY HARDSHIP. THERE'S NO TINGS OF ANY BUSINESS WITHIN THE MURALS HOWEVER, MURALS ARE ADVERTISING OF ANY BUSINESS WITHIN THE MURALS HOWEVER, MURALS ARE PROHIBITED,
[00:30:01]
ETC., ETC. THE GRANTING OF THE VARIANTS IS NECESSARY FOR THE REASONABLE USE THAT IF WE GRANT THIS VARIANCECE IS NECESSARY FO REASONABLE USE OF THE LAND OR BUILDING AND THAT IF WE GRANT THIS VARIANCE. I'M SORRY, WOULD ACCOMPLISH THIS PURPOSE. SO, YOU KNOW, WE'RE NOT INHIBITING THE REASONABLE USE OF THE LAND OR BUILDING.BY HAVING AN ORDINANCE THAT DOESN'T ALLOW THE MURALS.
THE PROPOSED VARIANCE WILL NOT INCREASE CONGESTION, INCREASE DANGER, ENDANGER THE PUBLIC SAFETY, ETC., ETC. I THINK WE ALL AGREE IT WON'T DO THAT. AN FINALLY THAT THE FRONTING OF THE VARIANCE REQUESTED WON'T CONFERRED ANY SPECIAL PREFERENCE THAT'S DENIED TO OTHERS IN THE AREA.
I THINK THAT'S -- WELL, EVEN IF THERE'S A SIMILAR CIRCUMSTANCE RIGHT NEXT DOOR OR A COMPLETELY DIFFERENT CIRCUMSTANCE RIGHT NEXT DOOR, WE DON'T ASSUME THAT WHAT HAPPENS WITH ONE APPLICANT IS THE SAME THING THAT'S HAPPENING WITH ANOTHER APPLICANT CREATING PRECEDENCE GOING FORWARD. THAT'S NOT OUR JOB.
SO I HOPE THAT HELPS YOU UNDERSTAND THIS PORTION OF THE ORDINANCE THAT WE'RE REACTING TO AND ALSO I CAN SEE THAT WE ALL
REALLY LIKE MURALS. >> I WILL MAKE A MOTION TO DENY
PL-2021-00776. >> I WILL SECOND.
>> DREW YES FROST [INAUDIBLE] EM MY NO MART NO MARY BOYD?
>> YES. THE APPL>THE APPL>THE THE APPLI
[2. Variance to section 501.04, Limitations on Animals, of The City of Auburn Zoning Ordinance BZ-2022-002]
ALL RIGHT. NEW BUSINESS, BZ-2022-002.>> HELLO. THIS IS A VARIANCE REQUEST TO ALLOW A MINIATURE HORSE ON A PROPERTY THAT'S LESS THAN THE MINIMUM 2 ACRES THAT IS REQUIRED.
SECTION 501 OF THE CODE STATES THAT TO HAVE A LORRIES YOU NEED TO BE OUTSIDE THE STOCK DISTRICT, WHICH THEY ARE BUT THE LOT HAS TO BE 2 ACRES OR MORE WITH THE LIMIT OF ONE HORSE PER ACRE. .
THE ADDRESS IS 321 SAINT JAMES DRIVE AND THAT IS IN THE NEIGHBORHOOD CONSERVATION DISTRICT NC-20 AND THAT SURROUNDING AREA IS ALL THE SAME ZONING WHICH IS THE SOUTH NC-26.
THE MINIATURE HORSE IS HER FAMILY MEMBER'S ASSISTANCE ANIMAL FOR A DISABILITY. THE INTENT OF THE MINIMUM LOT SIZE IS TO ALLEVIATE ANY POTENTIAL IMPACTS FROM LIVESTOCK ON MALLS, WHICH A HORSE IS CONSIDERED, SO REDUCING THAT LOT SIZE WOULD NOT BE IN HARMONY WITH THE INTENT AND COULD BE DETRIMENTAL TO THE NEIGHBORHOOD. APPROVAL OF THE VARIANCE WOULD ALLOW A USE THAT'S NOT OTHERWISE PERMITTED AND WOULD GIVE SPECIAL PRIVILEGE TO ONE PROPERTY OWNER THAT WOULD NOT BE PERMITTED TO OTHERS IN THAT SAME ZONING DISTRICT AND AREA.
THERE ARE NO UNIQUE OR SPECIAL CIRCUMSTANCES IN REGARDS TO THE BUILDING AND THE LAND AND DENIAL WOULD NOT DEPRIVE THEM OF REASONABLE USE OF THE PROPERTY. IT WOULD STILL BE A SINGLE FAMILY HOME EVEN IF DENIED. STAFF DID NOT FIND ANY EVIDENCE OF AN UNNECESSARY HARDSHIP. AS YOU KNOW, THAT'S
[00:35:14]
WELL-DEFINED. STAFF RECEIVED COME PLENTY THAT THE LOT SIZE WAS TOO SMALL AND THE RUN OFF OF MANURE INTO A CREEK OR A LITTLE STREAM POSSIBLY BEHIND THE HOUSE.OTHER THAN THAT, NO ONE ELSE HAS CALLED TO DISCUSS IT.
THAT VARIANCE COULD HAVE AN IMPACT ON THE QUALITY OF AIR BASED ON THAT COMPLAINT BUT IT WOULD NOT INCREASE CONGESTION OR ENDANGER SAFETY. DENIAL WOULD NOT DEPRIVE THEM OF THE RIGHTS ENJOYED BY OTHER PROPERTY OWN NURSE THAT SAME AREA. THEY ARE ALSO SINGLE FAMILY HOMES, BUT APPROVAL WOULD GIVE THEM SPECIAL PRIVILEGES.
BASED ON JUST LOOKING AT THAT CRITERIA, STAFF DOES RECOMMEND DENIAL BECAUSE IT DOES NOT MEET ANY OF THEM.
THE BURDEN OF PROOF IS ON THE APPLICANT AND EVERYTHING THAT WAS GIVEN BY THE APPLICANT WAS PROVIDED IN THE PACKETS.
I DO NOT WANT TOO IDENTIFY THE APPLICANT.
>> WHERE IS THE STOCK DISTRICT? >> IT'S ON A MAP.
>> BUT THIS AREA IS NOT ON THE STOCK DISTRICT?
>> IF THIS WAS 2 ACRES IT WOULD BE FINE.
>> BUT IF IT WAS WITHIN THE STOCK DISTRICT, THEN IT'S FINE
AT LEST THAN TWO? >> IF IT'S INSIDE.
THAT PART IS GOOD BUT THE LOT SIZE IS NOT GOOD SO IT MET ONE
>> ANY QUESTIONS? >> SO THE ZONING ORDINANCE, HOW
DO THEY DEFINE HORSE? >> A LIVESTOCK ANIMAL AND THAT'S IT. IT'S NOT DEFINED BY HEIGHT, BREED, ANY OF THE ANIMALS. GOATS, HORSES.
>> SO IT'S NOT THAT IT'S A HORSE, LIVESTOCK IS THE
CATEGORY. >> HORSES ARE SPECIFICALLY CALLED OUT. HORSES HAVE THAT MINIMUM 2-ACRE WITH ONE HORSE PER ACRE. THAT IS XIFKLY IN THERE BUT IT IS CONDSPECIFICALLY IN THERE BUT IT IS CONDITIONED A LIVESTOCK ANIMAL WHICH IS WHY I USED THAT TERM.
>> ARE OTHER LIVESTOCK ANIMALS PERMITS?
>> NOT THAT I'M AWARE OF. >> CHICKENS ARE WITH A PERMIT.
>> YES, BUT NOT A GOAT. >> THE AMERICANS DISABILITIES ACT, THEY IDENTIFY MINIATURE HORSES AS SERVICE ANIMALS.
>> IS THIS REGISTERED? >> I DON'T KNOW.
>> MY QUESTION WOULD BE IS WHERE DOES VARIANCE FALL UNDER ADA? ADA IS FEDERAL, YOU'RE RAH TECTED.
>> THIS WAS THEIR RECOMMENDED PATH, TO START HERE.
>> WHOSE RECOMMENDED PATH? >> THE APPLICANT.
BY TO THAT POINT, DO WE KNOW THE ANSWER TO THAT QUESTION?
>> WHICH QUESTION? >> WHEN WE'RE TALKING ABOUT THE DISABILITIES ACT, WE KNOW WE'RE ALL EXPECTED TO MAKE REASONABLE
ACCOMMODATIONS. >> THERE ARE VERY SPECIFIC DEFINITIONS AND I'M LOOKING AT THIS JUST IN TERMS OF A VARIANCE. FOR ME TO GET INTO THE FAIR HOUSING ACT AND THE ADA AND THE DOJ'S DEFINITION, I DON'T WANT
TO OVER STEP. >> THE HOUSING COVERS RENTALS
NOT OWNERSHIP, IS THAT RIGHT? >> IT COULD COVER DORM ROOMS.
ANY KIND OF HOME OR STRUCTURE. >> SIMILAR TO THE LAST REQUEST WE HAD WHERE WE HAD CONCERNS ABOUT UNIVERSITY OF AUBURN AND PARALLEL ISSUES OR CONCERNS THAT MIGHT BE OUT THERE, WHEN STAFF ARIDED THIS, WE ARIDED IT FROM A ZONING STANDPOINT AS WAS MENTIONED IN YOUR REPORT IN ADDITION TO LOOKING AT THE ZONING RULES THAT WE JUST WENT THROUGH IN THE LAST REQUEST, THERE WAS NO INFORMATION GIVEN TO US AS WELL THAT WOULD ADDRESS THE ISSUE OF A HORSE BEING SOMETHING THAT'S NOT PERMITTED IN THAT DISTRICT, FOR INSTANCE, UNLESS YOU HAVE 2 ACRES.
WHY IT WOULD HAVE TO BE A HORSE VERSUS SOME OTHER KIP OF HANN MALL VERSUS OTHER SUPPORT ANIMALS.
THERE ARE OTHER ANIMALS BY WE DIDN'T RECEIVE INFORMATION ON
[00:40:02]
WHY THAT WOULD BE NECESSARY. >> ALL RIGHT, THANK YOU.
>> THANK YOU. >> IF THE APPLICANT IS HERE AND WOULD LIKE TO SPEAK, YOU CAN COME UP.
SIGN IN AND COME UP AND SPEAK. THANK YOU.
>> GOOD AFTERNOON. I'M STAFF ATTORNEY LONNIE WILLIAMS WITH THE ALABAMA DISABILITIES ADVOCACY PROGRAM.
EVERY STATE AND TERRITORY IN THE NATION HAS A PROTECT AND ADVOCACY AGENCY FOR PEOPLE WITH DISABILITIES.
IT'S FEDERALLY MANDATED. MS. KIM HOBBS ASKED ME TO BE HERE TODAY ON BEHALF OF THESE OWNERS.
MS. HOBBS WORKS FOR THE ALABAMA HOUSING CENTER BUT SHE'S 9 MONTHS PREGNANT. SUSAN SMITH IS THE PROPERTY OWNER. MS. SMITH IS TENDING TO MEDICAL NEEDS IN HOUSTON AND THAT'S WHY SHE CAN'T BE HERE BUT THE PERSON WITH DISABILITIES, THE OWNER OF THE HORSE, LAUREN SMITH, IS HERE. LAUREN IS A SENIOR AT THE UNIVERSITY. SHE'S ABOUT TO ENTER GRAD SCHOOL. THE ANIMAL IN QUESTION THAT WE'RE TAKING ABOUT, JUST TO GIVE YOU A BETTER UNDERSTANDING OF THE KIND OF ANIMAL WE'RE TALKING ABOUT, IT'S THE SAME SIZE AS A LARGE BREED DOG. IT'S 180 POUNDS, 17% THE SIZE OF A STANDARD HOURS. I COULD PROBABLY CARRY THIS HORSE A LOT EASIERRSE. I COULD PROBABLY CARRY THIS HORSE A LOT EASIER THAN IT COULD CARRY ME.
THERE'S REALLY NO DIFFERENCE HAVING THIS HORSE VERSUS HAVING A DOG THAT'S LARGE FROM A FACTUAL COMMON SENSE PERSPECTIVE SO I JUST WANTED TO SAY THAT. THERE'S ONLY BEEN ONE COMPLAINT ABOUT THIS HORSE AND IT WAS FROM A LONG TIME AGO.
IT WAPITI WASN'T RECENT. THERE'S BEEN A LETTER WASN'T RE THERE'S BEEN A LETTER OF SUPPORT.
THE POSITION OF THE VARIANCE REQUEST IS THAT THE ANIMAL IS A MINIATURE HORSE AND IT'S QUESTIONABLE IS TO WHETHER OR NOT IT SHOULD BE TREATED THE SAME AS A HORSE.
AND IT'S A HORSE THAT'S 17% THE SIZE OF A REGULAR HORSE AND IT DOESN'T NEED 2 ACRES AND THIS IS A HALF ACRE LOT.
BEYOND ALL THAT, THE LONG QUESTION IS MAINLY NOT AMERICANS WITH DISABILITIES ACT, ALTHOUGH THAT DOES HAVE SOME APPLICATION, BUT MAINLY THE FEDERAL FAIR HOUSING ACT.
WHEN CITIES HAVE ZONING ORDINANCES, WHEN THERE'S LAND USE ORDINANCES, THOSE HAVE TO BE APPLIED AND ADMINISTERED IN COOPERATION WITH THE FEDERAL FAIR HOUSING ACT.
THE MOTHER AND HER DAUGHTER CANNOT USE THIS AS A SINGLE FAMILY DWELLING ON THE BASIS OF OTHER PEOPLE BECAUSE SHE NEEDS AN ASSISTANCE ANIMAL TO LIVE AT THIS PROPERTY, THE DAUGHTER DOES, SO SHE WOULD BE EXCLUDED ON THE BASIS OF DISABILITY.
IN OTHER WORDS, SHE WOULD BE PROHIBITED ON THE BASIS OF DISABILITY. SHE WOULD BE A VICTIM OF DISCRIMINATION ON THE BASIS OF DISABILITY, WHICH IS PROHIBITED BY THE FEDERAL FAIR HOUSING ACT, WHICH APPLIES TO ANY DWELLING SITUATION, ANY KIND OF REAL ESTATE SITUATION, ANY KIND OF TRANSACTION, APPLICATION OF LAND USE, ALL THOSE.
IT DOES NOT APPLY TO THINGS LIKE HOTELS AND SUCH BUT ANY KIND OF
[00:45:04]
DWELLING. WHAT THE FEDERAL FAIR HOUSING ACT REQUIRES IS IF YOU NEED A REASONABLE ACCOMMODATION OF POLICIES AND PRACTICES SUCH AS ALLOWING AN ASSISTANCE ANIMAL WHERE YOU ORDINARILY WOULDN'T ALLOW ONE, THAT HAS TO BE GRANTED IF IT'S REQUIRED IN ORDER TO ENABLE THE PERSON WITH A DISABILITY TO USE AND ENJOY THE PROPERTY ON AN EQUAL BASIS OF OTHERS. SO THIS IS NOT JUST A REQUEST FOR A VARIANCE. IT'S A REQUEST THAT SHE BE ALLOWED TO USE AN ASSISTANCE ANIMAL IN COMPLIANCE WITH THE FAIR HOUSING ACT. IT'S NOT JUST A REQUEST FOR A VARIANCE, IT'S A REQUEST FOR A REASONABLE ACCOMMODATION AS REQUIRED BY THE FEDERAL FAIR HOUSING ACT.THIS IS NOT A SITUATION -- [ALARM]
>> DANGEROUS PERSON. A POLICE OFFICER WAS INJURED WITH THE OPELIKA POLICE DEPARTMENT.
>> GO AHEAD AND CONTINUE. SHE'S AN ANIMAL SCIENCES MAJOR.
SHE'S MORE COMFORTABLE WITH HORSES, OKAY? THAT'S WHY A HORSE THAT'S REALLY NOT MUCH DIFFERENT THAN A DOG IN TERMS OF SIZE. WE'RE ALL FAMILIAR WITH SITUATIONS IN WHICH PEOPLE FAKE A DISABILITY TO GET IN UNDER THE RADAR TO GET THINGS. THEY GO ONLINE AND GET LETTERS FROM THERAPISTS, BUY A FAKE VEST AND THEY FIND WAYS TO BYPASS PERFECTLY REASONABLE REGULATIONS.
WE'RE FAMILIAR WITH THAT. NOBODY LIKES THAT KIND OF ABUSE BUT THIS IS NOT THAT SITUATION. SHE HAS A LETTER ON FILE FROM HER DOCTOR AT AUBURN FAMILY MEDICINE, DR. JAMES GAUTHIER I THINK IS HOW IT'S PRONOUNCED, BUT HE CERTIFIES THAT THIS IS WHAT'S NEEDED AND IF SHE DOESN'T HAVE THIS, SHE'S NOT GOING TO GET A REDUCTION IN HER SYMPTOMS AND SHE'S NOT GOING TO GET RELIEF FROM HER ANXIETY. SHE'S NOT GOING TO HAVE THAT.
WITHOUT RELIEF OF THOSE SYMPTOMS, IT'S GOING TO MAKE IT EXCRUCIATING FOR HER TO LIVE ON THIS PROPERTY WITH THIS ANIMAL THAT SHE'S HAD SINCE NOVEMBER OF 2020.
SHE'S HAD THE ANIMAL SINCE AUGUST OF 2020 AND THE ANIMAL HAS BEEN ON THE PROPERTY SINCE NOVEMBER OF 2020 AND THIS IS THE ONE AND ONLY COMPLAINT. I DON'T KNOW THE GENESIS OF THE COMPLAINT, BUT THERE'S NO GREATER IMPOSITION THAN A DOG WOULD BE. NOBODY ELSE IS GOING TO BE ABLE TO USE THIS SITUATION TO SAY, WELL, SHE HAS THIS SO THEREFORE I CAN HAVE THAT. I'M NOT GOING TO GET INTO WHETHER WE WOULD HAVE THE SAME PROPERTY IF THIS WERE A POT BELLIED PIG, I DON'T KNOW. WITH THAT SAID, SHE'S AVAILABLE IF ANYONE WOULD LIKE TO TALK TO HER, IF THERE ARE ANY OTHER QUESTIONS THAT I CAN ANSWER, BUT THE CRUX OF THE ISSUE IS THAT SHE'S MET ALL THE REQUIREMENTS UNDER THE FEDERAL FAIR HOUSING ACT TO BE FRONTED THIS VARIANCE AS A REASONABLE ACCOMMODATION AND I THINK SHE'S MET ALL YOUR STANDARDS FOR THE GRANTING OF A VARIANCE IF YOU LOOK CLOSE ENOUGH.
>> I DO HAVE A QUESTION. HAVE YOU REPRESENTED FOLKS IN OTHER CITIES ON SIMILAR THINGS? IF SO, ARE THEY SEEKING VARIANCES OR IS THERE SOME OTHER METHOD?
>> THE USUAL METHOD IS SEEKING A VARIANCE.
YOU UTILIZE THE CITY'S METHOD FOR GETTING A REASONABLE
[00:50:01]
ACCOMMODATION AND THAT'S ALWAYS DONE THROUGH THE VARIANCE PROCESS. FOR INSTANCE, WHAT WE USUALLY ATTEND THESE HEARINGS FOR DEALS WITH GROUP HOMES USUALLY AND NOT THIS KIND OF ISSUE. SOMETIMES IT DEALS WITH WHEELCHAIR RAMPS OR AWNINGS FOR WHEELCHAIR RAMPS OR SET BACKS AND THINGS LIKE THAT. MOST OFTEN, IT DEALS WITH PLACEMENT OF GROUP HOMES. IN ALL THESE CONTEXTS, THAT'S THE APPROPRIATE AVENUE AND NOT JUST LEER BUT IN THE PRACTICE, THAT'S THE WAY THAT IT'S DONE, YOU SEEK A VARIANCE AS A REASONABLE ACCOMMODATION AND MOST OF THE TIME WHAT WE SEE IS PEOPLE FIND OUT THAT A GROUP HOME IS MOVING INTO AN AREA AND THERE MAY BE THREE PEOPLE WITH INTELLECTUAL DISABILITIES AND THEY HAVE A FEW STAFF THERE AND PEOPLE START TO MAKE UP SCENARIOS IN THEIR MIND AND THINK THAT THOSE PEOPLE DID SOMETHING WRONG IN ORDER TO LIVE IN A HOUSE WHEN REALLY THEY JUST NEED STAFF TO CARE FOR THEM. SOMETIMES CITIZENS SAY WELL, THAT'S ODD, I DON'T LIKE THAT AND COME OUT AGAINST IT SO SOMETIMES WE HAVE TO APPEAR AT BODIES LIKE THIS AND REQUEST VARIANCES FOR PEOPLE. THANK YOU:>> THANK YOU. >> LAUREN, DO YOU WANT TO SPEAK? THAT'S UP TO YOU. YOU DON'T HAVE TO.
>> HI, HOW ARE YOU GUYS DOING? I WOULD LIKE TO APOLOGIZE FOR MY MOM NOT BEING HERE. SHE'S HAVING SURGERY IN HOUSTON ON FRIDAY AFTER A PRETTY DETRIMENTAL CAR ACCIDENT BUT I WOULD LIKE TO INTERVIEW YOU TO SPEN.
HE IS MY MINIATURE HORSE AND THE REASON -- I'M SURE YOU HAVE LOTS OF QUESTIONS ABOUT THE SITUATION EVEN IF YOU DON'T WANT TO SAY THAT OUT LOUD. THE REASON I HAVE A HORSE INSTEAD OF A DOG IS BECAUSE IT IS A PARASEMIPATHETIC NERVOUS SYSTEM DISORDER AND HIS JOB IS TO APPLY PRESSURE TO MY ARTERY RIGHT HERE AND IT SUPPRESSES THE PARASEMIPATHETIC, I HAVE TRIED MEDICATIONS THAT HAVE CAUSED ME TO FALL IN SCHOO IN SD IN SCHOO IS A PROBLEM FOR ME. WE'RE EXPERIENCING A GROWTH IN POPULATION AND IT'S BECOMING DETRIMENTAL IN A LOT OF OUR AREAS AND OUR AGRICULTURAL RESOURCES ARE BEING DEVELOPED ON AND WE'RE LOSING AGRICULTURE AND FOOD RESOURCES SO I HAVE TO FIGURE OUT HOW TO PRODUCE BEEF MORE EFFICIENTLY TO PROVIDE FOOD TO THIS POPULATION WHICH WILL HOPEFULLY REACH A PEEK IN 2070, SO WE'LL SEE. BUT THAT'S WHY I HAVE AN AASSISTANCE ANIMAL. ABOUT THE COMPLAINT, IT WAS A POTENTIAL PROBLEM, NOT A CURRENT PROBLEM.
HE COMPLAINED THAT MANURE WOULD GET INTO THE CREEK.
IT'S A DRIED UP CREEK BED AND ALSO HE WEIGHS 180 POUNDS, HE PRODUCES MAYBE 2 POUNDS OF MANURE PER DAY WHICH I DO REGULARLY CLEAN UP. I HAVE A TRASH CAN SYSTEM, I PACKAGE UP THE MU NEUROINTO A TRASH BAG AND I HAUL IT OFF AND IT'S REUSED FOR COMPOST AND LOTS OF THINGS SO IT'S MOVED ON A DAY-TO-DAY BASIS OR EVERY OTHER DAY SO THERE'S NO POTENTIAL PROBLEM FOR MANURE TO BE RUNNING OFF AND EVEN THE COMPOSITION OF
[00:55:01]
MANURE WHICH IS 80% GRASS. I WOULD BE SURPRISED IF IT WOULD SURVIVE IN WATER. I HAVE A NEW NEIGHBOR, TOO, AND THEY LOVE SPEN AND MY OTHER NEIGHBOR IS IN SUPPORT OF HIM BEING THERE SO THE ONLY ISSUE IS WITH THE NEIGHBOR WHOSE PROPERTY DOES NOT TOUCH OUR PROPERTY LINE AND IS AT LEAST AN ACRE BEHIND ME THROUGH HEAVILY WOODED AREA. I UNDERSTAND YOUR POSITION, YOU HAVE TO FOLLOW THE GUIDELINES, I HAVE TO SAY YES OR NO, WHETHER IT MEETS THOSE CRITERION BUT I WOULD LIKE TO HAVE THAT STATED FOR CITY COUNCIL, THAT THOSE ARE MY EXPLANATIONS AND EVEN IF THEY DO NOT WANT TO ASK THOSE QUESTIONS OUT LOUD, HOPEFULLYTHEY WERE ANSWERED. >> THANK YOU.
THANK YOU FOR SPEAKING. >> I WILL OPENI WILL OPEN UP TH HEARING. CLOSE THE PUBLIC HEARING.
I WOULD LIKE TO OPEN IT UP FOR THE BOARD.
>> I HAVE A PROCEDURAL QUESTION. SO VARIANCES TYPICALLY RUN WITH THE LAND. IN THIS CASE, IT WOULD BE RUNNING WITH THE HUMAN, RIGHT? HOW COULD THAT BE ACCOMPLISHED?
>> YOU'RE RIGHT. VARIANCES AGAINLY RUN WITH THE LAND. THE FACT THAT THIS IS A DIFFERENT KIND OF VARIANCE, I DON'T KNOW IF THAT CHANGES THE NATURE OF THE LAW AS IT APPLIES TO VARIANCES.
I WOULD THINK IT STOLE RUNS WITH THE LANDILL RUNS WITH THE LAND UNLESS HE WANTS TO GIVE YOU A DIFFERENT POSITION.
>> YEAH, THAT'S A GREAT POINT. IF IT WAS APPROVED, IT COULD BE
CONDITIONED ON SOMETHING. >> WHAT WOULD THAT CONDITION BE?
>> WHILE THEY'RE AT THAT HOME? >> CORRECT.
>> IT WOULD HAVE TO BE FOR THIS ANIMAL.
I FEEL LIKE IF WE MADE A VARIANCE FOR THE LAND, IT WOULD
ALLOW -- >> THE SUBJECT HORSE THAT YOU'RE
LOOKING AT ON THE SCREEN. >> ONLY SPEN.
>>Y, I'M STEVEN CLAY. I KNOW A LOT OF YOU DON'T KNOW WHO I AM BECAUSE WE RARELY HAVE TO COME TO THESE MEETINGS BUT THIS IS A UNIQUE SITUATION IN THAT WE DO HAVE FEDERAL LAW AT PLAY, THE FAIR HOUSING ACT THAT DOES REQUIRE US TO DO A DIFFERENT ANALYSIS BUT THE COURTS HAVE HELD THAT THE VARIANCE PROCESS IS THE APPROPRIATE WAY FOR A CITY TO GO ABOUT CONSIDERING THESE REQUESTS.
WITHOUT GETTING TOO MUCH INTO THE FACTS, YOU HAVE THOSE IN FRONT OF YOU, I WAS GIST GOING TO PROVIDE YOU WITH SOME QUESTIONS THAT HUD HAS PROVIDED TO ASK WHEN ASSISTING THESE REQUESTS. FIRST, HAS THE APPLICANT REQUESTED THE ACCOMMODATION PROVIDES INFORMATION THAT REASONABLY SUPPORTS THAT THE PERSON SEEKING THE ACCOMMODATION HAS A DISABILITY AND THEN THE NEXT QUESTION IS HAS THE PERSON REQUESTING THE ACCOMMODATION PROVIDED INFORMATION WHICH SUPPORTS THAT THE ANIMAL IN THIS CASE PROVIDES THERAPEUTIC OR EMOTIONAL SUPPORT WITH RESPECT TO THE INDIVIDUAL'S DISABILITY.
AND THEN THE NEXT QUESTION IS IS THE ANIMAL COMMONLY KEPT IN HOUSEHOLDS AND IF THE ANSWER IS NO, THEN YOU LOOK AT HAS THE REQUESTER DEMONSTRATED THE DISABILITY, A THERAPEUTIC NEED FOR THE SPECIFIC ANIMAL IN QUESTION SO THOSE ARE SOME OF THE QUESTIONS THAT HUD SAYS YOU CAN LOOK AT IN TERMS OF EVALUATING THIS TYPE OF A REQUEST.
>> THANK YOU. >> I THINK AFTER HE READ THAT THAT SHE HAS MET MOST IF NOT ALL OF THOSE AND THE QUESTION OF IS IT COMMONLY KEPT, I THINK SHE DID EXPLAIN WHY THIS ANIMAL WAS
CHOSEN, AT LEAST TO ME. >> I AGREE.
>> I AGREE WITH MORGAN'S REPORT AND THAT THIS DOESN'T MEET THE TYPICAL VARIANCE CRITERIA BY I THINK THE FAIR HOUSING ACT
TRUMPS ABE'S CITY ORDINANCES. >> ON A REALTOR I'M NOT GOING ON RECORD AGAINST THE FAIR HOUSING. I'M NOTUBURN'S CITY ORDINANCES.
>> ON A REALTOR I'M NOT GOING ON RECORD AGAINST THE FAIR HOUSING.
I'M NOT TRYING TO LOSE MY LICENSE.
>> STEVE, IS IT POSSIBLE TO CONDITION IT UPON HER OCCUPYING THIS PARTICULAR HOME AND THIS PARTICULAR ANIMAL?
>> IN MY EXPERIENCE I HAVE SEEN BOARDS OF ADJUSTMENT APPLY
[01:00:10]
CONDITIONS AND I HAVE, IN OTHER LOCATIONS WHERE I WORK, I HAVE SEEN AN OCCASION WHERE A VARIANCE WAS APPROVED SUBJECT A TIME LIMIT OR SOMETHING LIKE THAT.I DOUBT YOU HAVE EVER HAD THAT HAPPEN.
>> THE REASONABLE ACCOMODATION, WHEN YOU GET A SERVICE ANIMAL, IT'S SPECIFIC TO THAT ANIMAL. IT DOESN'T ENCOMPASS -- AND I DON'T THINK SHE WOULD BUT SHE COULDN'T GO OUT AND GET SIX MORE
ANIMALS. >> YOU'RE EVALUATING A SPECIFIC REQUEST OF SPECIFIC ANIMAL AT A SPECIFIC LOCATION.
IF CONDITIONS CHANGE, THERE WOULD BE A NEW REQUEST.
>> WE WOULD CONDITION IT ON THIS INDIVIDUAL AND THIS ANIMAL AS
PRESENTED. >> I THINK YOU CAN DO THAT, YES.
>> THIS ONE ANIMAL. >> DOES THE ANIMAL LIVE IN THE
HOUSE MOST OF THE TIME? >> HE IS ABLE TO COME INDOORS, I HAVE SPECIAL THINGS FOR HIM TO BE ON HARDWOOD FLOORS AND HE HAS A POOP BAG THAT I WRAP AROUND HIS TAIL SO IF I DO TAKE HIM SOMEWHERE THAT THERE'S NO CHANCES --
>> LIKE IF SOMEONE IS AT THE NEIGHBOR'S HOUSE ON THEIR DECK HAVING A PARTY, ARE THEY CONSTANTLY HEARING A HORSE MAKING A BUNCH OF NOISE. YOU HEAR A DOG, THE NEIGHBOR CAN
BRING HIM IN. >> YES, I COULD BRING HIM IN.
>> AND HE HAS A PADDOCK, CORRECT?
>> YES, HE'S FENCED IN WITH PLENTY OF ROOM, LIKE HE'S 180 POUNDS, HE'S ALMOST AS BIG AS MY LABS.
>> LET'S SAY YOU'RE OUT ON YOUR BACK PORCH AND YOU HEAR GALLOPING FROM NEXT DOOR, THERE'S NOT THAT?
>> MY NEIGHBORS WHO CAN EVEN HEAR HIM ARE IN SUPPORT OF HIM
>> I WILL MAKE A MOTION TO APPROVE --
>> CAN WE ADD A CONDITION TO THAT? I'M PERFECTLY HAPPY WITH THE DECISION Y'ALL ARE LOOKING AT MAKING BUT CONDITION ON JUST THE MAINTENANCE IF THERE ARE ANY FUTURE COMPLAINTS, THAT SHE ADDRESS THOSE, IF IT'S MANURE, WATER AND MOSQUITOS, IF THERE'S WATER OUT, ANYTHING LIKE THAT, JUST THAT SHE WOULD ADDRESS THE KNEW SAWNS COMPLAINTS AND UPKEEP
>> HOW LONG HAVE YOU HAD THE ANIMAL?
>> I RESCUED HIM IN AUGUST OF 2020 AND THEN WHEN HE WAS OLD ENOUGH TO GET INTO A HOME, I MOVED HIM TO THE HOME IN
NOVEMBER OF 2020. >> SO HE'S MAXIMUM SIZE NOW?
>> COMPLETELY MAXIMUM. HE'S ALSO FIXTURED AND WELL TRAINED. HE WILL COME TO ME WHEN I NEED HIM. HE DOESN'T CAUSE ANY TROUBLE.
>> I MAKE A MOTION TO APPROVE BZ -- THE CASE NUMBER.
>> I WILL MAKE A MOTION TO APPROVE -- IS ITPL OR BZ?
>> THE CASE NUMBERS ARE DIFFERENT.
SO BZ IS CORRECT. >> IT SAYS PL ON THAT ONE.
>> THAT'S THE OLD BUSINESS. ARE WE GOING TO BZ NOW? I WILL MAKE A MOTION TO APPROVE BZ-2022-002 CONDITIONED ON LORN SMYTH OCCUPYING THE RESIDENCE THAT AND IT BE THIS SPECIFIC HORSE AND SHE GREED TO COMPLY WITH ANY CLEAN YUM AND MAINTENANCE AND ADDRESS ANY COMPLAINTS FROM NEIGHBORS
>> SECT. >> DREW YES FROST YES EM YES KIM
>> THANK YOU. >> YOU WOULD GIST LIKE TO SAY ARE LAWSUITED TO THESE ISSUES WHERE IT COULD GO ONE WAY OR ANOTHER AND IT'S HARD FOR US TO NOT MAKE UP OUR MINDS BUT WHEN WE NEED AN ABUNDANCE OF EVIDENCE FROM ALL SIDES, THIS HAS BEEN A LOVELY EXPERIENCE. I FEEL LIKE IT WAS VERY THOROUGH
[01:05:01]
AND EVERYONE DID A GREAT JOB OF REPRESENTING THEMSELVES WHICH HELPS ANYONE WHO COMES FORWARD WITH THESE SORTS OF REQUESTS.>> YEAH, Y'ALL DID DO A GREAT AND THOROUGH JOB.
WE DON'T ALWAYS GET THAT. AND YOUR VARIANCE WAS APPROVED.
[OTHER BUSINESS]
ALL RIGHT. OTHER BUSINESS.WE HAVE EH LECHE OF OFFICERS. SO IN THE PAST, EVERY FEBRUARY WE ELECT A CHAIRMAN AND THEN A VICE CHAIRMAN.
THE CHAIRMAN RUNS THE MEETING AND THEN THE VICE CHAIRMAN RUNS THE MEETING IN THE EVENT THAT THE CHAIRMAN IS ABSENT.
SO WE NEED ANY DISCUSSION AND A NOMINATION FOR A CHAIRMAN AND A NOMINATION FOR A VICE CHAIRMAN AND A VOTE.
>> ARE YOU INTERESTED IN BEING CHAIR AGAIN?
>> YEAH, I'LL CONTINUE IF THAT'S WHAT Y'ALL WOOL LIKE.
>> I WILL DOMINATE DREW GOODNER FOR CHAIR.
>> SECOND. >> ARE YOU GOING TO KILL ME IF I
NOMINATE YOU FOR VICE CHAIR? >> THAT'S FINE.
>> I VOTE FOR KIM WHITE FOR VICE CHAIR.
>> ALL RIGHT, LET'S VOTE ON CHAIR FIRST.
>> ALL RIGHT, AND THEN I THINK THERE WAS A MOTION FOR --
>> I MADE A MOTION TO NOMINATE KIMBERLY WHITE FOR VICE CHAIR.
>> I WILL SECOND THAT. >> IT WOULD BE FUNNY IF I VOTED
NO, HUH. >> IT WOULD STILL PASS.
>> ALL RIGHT. THANK YOU, EVERYONE, FOR BEING HERE. THANK YOU, STAFF.
AND WELCOME TO THE NEW MEMBERS. WE HAVE MARTY HEFFREN AND MARY
USUALLY THEY'RE NOT THIS DRESSEDING.
>> THEY'RE USUAL I MORE STRAIGHTFORWARD AND THEY'RE LIKE
PROPERTY SETBACKS. >> CAN I BUILD A SIDEWALK?
* This transcript was compiled from uncorrected Closed Captioning.