[ROLL CALL]
[00:00:04]
CALL TO ORDER THE REGULARLY SCHEDULED MEETING OF THE WEDNESDAY, OCTOBER 4TH, BOARD OF ZONING ADJUSTMENT MEETING.
START WITH A ROLL CALL. >> DREW GOODNER, HERE, ROSS ROLLINS, 'EMY SORRELLS, HERE. LLATICIA SMITH, HERE.
[APPROVAL OF MINUTES]
WILL FAULKNER. >> MAKE A MOTION.
[CHAIRMAN’S OPENING REMARKS]
BY ANY DECISIONS OF THE BOARD MAY AFTER 15 DAYS AFTER SUCH DECISION APPEAL TO THE CIRCUIT COURT HAVING JURISDICTION, ACCORDING TO SECTION 908.02 OF THE ZONING ORDINANCE OF THE CITY OF AUBURN ALABAMA. THE SUPERNUMERARIES, ALL DECISIONS ARE MADE WITH ROLL CALL VOTE AND THE CONCURRING VOTE OF FOUR MEMBERS ARE REQUIRED TO APPROVE AN APPLICATION FOR VARIANCE. ALL RIGHT WE DON'T HAVE ANY OLD BUSINESS SO NEW BUSINESS, THAT MEANS MARY YOU'RE VOTING[1. Appeal to Planning Director’s non-use interpretation to sections 511.04 and 511.06 in City of Auburn zoning ordinance.]
>> WE'LL HEAR OUR FIRST CASE. >> OUR ONLY CASE.
>> GOOD EVENING, BOARD MEMBERS. FOR TONIGHT'S AGENDA, THERE IS A REQUEST FOR AN APPEAL TO THE PLANNING DIRECTOR'S NONUSE INTERPRETATION TO SECTIONS 51104 AND 51106 OF THE CITY OF AUBURN ZONING ORDINANCE. ON SEPTEMBER THE 12TH THE PLANNING DIRECTOR RECEIVED A LETTER FROM THE APPLICANT REQUESTING A NONUSE INTERPRETATION REGARDING A PROPERTY LOCATED AT 1240 HICKORY LANE.
IT IS IN THE NEIGHBORHOOD CONVECONSERVATION DISTRICT NE 1.
SPECIFICALLY ASKED IF A HOME PERMIT WOULD BE GRANTED FOR SCHOOL AGE CHILDREN ON A SMALL POOL LOCATED ON THE PROPERTY.
THE OPERATOR WOULD FREIGHT UNDER TIGER SHARK SWIM LLC.
THE APPLICANT HAS NOT OWNED THE PROPERTY BUT HAS A SIGNED LETTER OF APPROVAL FROM THE OWNER OF THE PROPERTY.
ON SEPTEMBER 15TH THE PLANNING DIRECTOR RESPONDED, WHICH INFORMED THE APPLICANT THAT THE PROPOSED BUSINESS ACTIVITY WOULD NOT BE ALLOWED UNDER THE ZONING ORDINANCE, DETAILED USE FOR SECTIONS 501.04 AND 51106 FOR PRIVATE SWIMMING POOLS AND TENNIS COURTS ACCESSORY TO PERSONAL USE.
EXPLAINING WHY THIS ACTIVITY WOULD NOT BE PROHIBITED -- WOULD BE PROHIBITED HAVE BEEN PROVIDED.
ON SEPTEMBER 18TH, THE APPLICANT SUBMITTED HER LETTER OF APPEAL TO THE OFFICIAL INTERPRETATION WHICH IS THE IMPETUS FOR THIS MATTER COMING BEFORE YOU.
HERE IS A MOST RECENT SITE PLAN, RECORDED FROM OTHER PROPERTY THAT THE PLANNING DEPARTMENT HAS.
THIS WAS NOT SUBMITTED BY THE APPLICANT, THIS WAS PROVIDED AS OUR MOST RECENT RECORD. HERE ALSO IS AN AERIAL OF THE PROPERTY STAIN IN 2020 WHICH SHOWS THE OFF STREET PARKING ON THE RESIDENCE AS WELL AS THE LOCATION OF THE INDOOR POOL.
WHICH WE BELIEVE IS THE NORTHERN PORTION OF THE PROPERTY.
THE APPLICANT IS HERE TO ANNALS ANSWERANY QUESTIONS AND I'M ALSY TO ANSWER ANY QUESTIONS I CAN. ONE MORE COMMENT I'M SORRY.
THE ONLY COMMENT RECEIVED FROM THE PUBLIC WAS AN E-MAIL FROM A NEIGHBOR OF THE RESIDENCE IN SUPPORT OF THE APPEAL.
>> SO AS WRITTEN, IT EXCLUDES SWIMMING POOLS FROM BEING -- SO I GUESS PRIVATE SWIM LESSONS WOULD HAVE TO BE -- IS THERE A REASON WHY THEY DON'T WANT, IS IT JUST FROM OVERSIGHT OR --
>> SOURCING THE SECTION IN 5106, IT SAYS NO SWIMMING POOL OR TENNIS COURT SHALL BE PERMITTED AS A BUSINESS OR PRIVATE CLUB.
AND IT WAS THE PLANNING DIRECTOR'S INTERPRETATION THAT
[00:05:02]
THIS WOULD CONSTITUTE AS A BUSINESS.>> AND IF I MAY ADD TO THAT IN THIS CASE AS WELL, IT'S CERTAINLY, THE APPLICANT HAS IDENTIFIED AS SUCH THAT THIS IS A BUSINESS ENTERPRISE, THAT'S NOT ASSOCIATED WITH THE HOMEOWNER. THERE ARE CERTAINLY SOME PROVISIONS WITHIN THE ORDINANCE THAT WOULD ALLOW FOR IF A HOMEOWNER WANTED TO HAVE A HOME OCCUPATION, THEY CAN HAVE UP TO ONE ADDITIONAL PERSON BE PART OF THAT BUSINESS.
BUT IN THIS CASE THERE ARE MULTIPLE PEOPLE INVOLVED WITH THE BUSINESS NONE OF THOSE BEING NECESSARILY THE HOMEOWNER.
OR THE PROPERTY OWNER. >> BUT AN ARGUMENT TO BE MADE, THIS MIGHT BE OVERSIMPLIFICATION, THE POOL ISN'T OPERATED AS A BUSINESS, THE RESIDENCE IS A BUSINESS THAT
IS USING THE POOL CORRECT? >> THE PROCESS IF SOMEONE WANTS TO HAVE A BUSINESS THAT DOES A SWIM SCHOOL OR SOMETHING LIKE THAT AND THEY GO AROUND TO INDIVIDUAL RESIDENCES WHO HAPPEN TO OWN THAT AND YOU KNOW TEACH THEIR KIDS HOW TO SWIM THAT IS CERTAINLY SOMETHING THAT CAN BE ALLOWABLE WITHIN OUR ZONING ORDINANCE. HOWEVER UTILIZING A RESIDENCE AS YOUR PRIMARY PLACE OF BUSINESS IS NOT SOMETHING THAT'S, A, ALLOWABLE WITHIN THE NC DOING DISTRICT DOES IN THE HAVE A PROVISION FOR IT TO BE ALLOWABLE IN THIS CASE WITHIN THE
ACCESSORY USES AS WELL. >> HOW LONG HAS THIS BEEN IN THE
CODE, DO YOU KNOW? >> OH, KATIE MIGHT HAVE A BETTER ANSWER BUT I THINK IT'S BEEN IN FOR QUITE SOME TIME.
>> SINCE AT LEAST 2000. >> DOES THE TIKESSER SHARK SWIM SCHOOL HAVE A BUSINESS LICENSE WITH THE CITY?
>> THEY WERE PURSUING A BUSINESS LICENSE, AND THIS CAME ABOUT, AND THE REQUEST OF THE INTERPRETATION.
>> HAS THERE EVER BEEN -- I'M ASKING THIS, HAS THERE EVER BEEN ANOTHER PLACE TO OPERATE A BUSINESS OF THE SAME POOL WITH
THE BUSINESS LICENSE? >> WELL, I BELIEVE THAT A HOME OCCUPATION WAS ISSUED FOR THIS PROPERTY BACK IN 2018 FOR USE OF SWIM LESSONS. I'M NOT SURE IF IT WAS FOR THE
PROPERTY -- >> IT WAS FOR THE OWNER.
>> THEY'VE BEEN DOING SWIMMING LESSONS THERE.
>> PROPERTY OWNER PREVIOUS TO THE CURRENT OWNER.
>> THEY ARE NOT A PROPERTY OWNER, THAT IS A TENANT WANTING
THEY DON'T RESIDE THERE. >> BUT IF THEY DID RESIDE THERE,
IT WOULD BE FINE? >> NO, NO, LET ME STEP BACK A LITTLE BIT ON THAT ONE. WHEN YOU SAID TENANT I WAS SPEAKING IN THE MIND OF COMMERCIALITY TENANTS.
>> NONOCCUPANT OF THE HOME THAT WANTS TO USE --
>> IT IS A NONOCCUPANT OF THE HOME AND NOT THE PROPERTY, YES.
>> SO I'M GOING TO ASK THE SAME OR SIMILAR CLARIFYING QUESTION BECAUSE IT SEEMS LIKE THERE ARE TWO DIFFERENT THINGS HERE.
THE CODE SEEMS VERY CLEAR IN STATING THAT TENANTS CLASS IN SWIMMING POOLS ARE NOT ALLOWED BUT WE ARE FOCUSING ON THE FACT THAT THE HOMEOWNER ISN'T BUT SOMEONE UTILIZING THE PROPERTY
IS. >> SO THERE ARE A COUPLE MUCH DIFFERENT ISSUES HERE THAT HAVE BEEN OUTLINED, IN ADDITION TO THAT, SOME OF THE PARKING THAT THEY IDENTIFY WAS ON STREET WHICH IS NOT ALLOWABLE. YOU KNOW, THE HOMEOWNER NEEDS TO ENGAGE IN PART OF THE BUSINESS AS WELL.
>> BUT IF IT -- I GUESS FOR A HOME -- SO IF THE HOMEOWNER WAS INVOLVED, YOU COULD DO SOMETHING WITH THE SWIMMING POOL OR IS THIS SAYING, IS THIS JUST AN EXCERPT FROM THE CODE THAT IS
PROHIBITING IT? >> THEY COULD POTENTIALLY AS WAS THE CASE IN 2013. HOWEVER THERE IS SOME LIMITATIONS ON THAT AND AS IT'S WRITTEN THERE IS NOT A WHOLE LOT
OF LATITUDE ON -- >> COULD I ASK, WHAT HAPPENED TO THE BUSINESS BEFORE, WAS IT A NEIGHBOR ISSUE?
>> THEY MOVED. >> OKAY SO IT'S COMPLETELY NEW
>> OKAY SO HAS ANYBODY TALKED TO ALL THE NEIGHBORS? BECAUSE LOOK LIKE THERE ARE ABOUT 20 HOUSES THAT WOULD BE AFFECTED BY THIS TYPE OF BUSINESS.
>> I BELIEVE THE APPLICANT SPOKE WITH THE ADJOINING PROPERTY OWNERS TO GET THEIR INFORMATION AND SHE IS PRESENT HERE TO ANSWER SOME OF THE QUESTIONS AS WELL.
>> THE APPLICANT'S HERE BUT -- IS THE HOMEOWNER HERE AS WELL?
>> ALL RIGHT, LET'S HEAR FROM THE APPLICANT AT THIS POINT PLEASE. IF YOU WILL SIGN IN AT THAT PIECE OF PAPER AND THEN COME TELL US YOUR NAME.
THANK YOU. >> GOOD AFTERNOON, THANK Y'ALL FOR JOINING US TODAY, MY NAME IS OLIVIA DIBON, I'M A SENIOR, I'VE BEEN TEACHING PRIVATE SWIM LESSONS OR THE TEN YEARS AND THAT'S WHAT I GOT, SEAN YOU'LL HAVE TO INTRODUCE YOURSELF.
[00:10:06]
>> HI, MY NAME IS SEAN MILLER, I'VE NEVER BEEN A RESIDENT OF AUBURN BUT I WAS ON THE SWIM TEAM THAT USES THE UNIVERSITY POOL AND MY DAD WORKS FOR UNIVERSITY, SO AUBURN IS LIKE A HOME FOR ME. I'VE BEEN TEACHING SWIM LESSONS FOR SIX YEARS, FOUR YEARS INDEPENDENT AND I THINK THIS WOULD BE AN AWESOME OPPORTUNITY TO BE ABLE TO CONTINUE THIS
DURING THE SCHOOL YEAR. >> SO WE STAND BEFORE YOU TODAY TO DISCUSS OUR CONCERN WITH SECTION 511 IN THE CITY OF AUBURN THE ZONING APPEAL THAT BRINGS US TOGETHER.
FIRST OFF AGAIN WE WANT TO EXPRESS OUR GRATITUDE TO THE MEMBERS OF THIS BOARD FOR YOUR TIME AND DEDICATION IN SNURG THAT OUR COMMUNITY ADHERES TO FAIR AND JUST ZONING REGULATIONS. TODAY BEFORE YOU WE HAVE FOUR CONCERNS PERTAINING TO SECTION 511, SPECIFICALLY FIEP 51104 AND 51106. OBVIOUSLY WE KNOW THE POPULATION IN IMAWRN IS RAPIDLY INCREASING AND THERE IS A SEVERE LACK OF YEAR ROUND SWIM LESSONS. WE BELIEVE OUR FACILITY IS CRITICAL. TAKING FORMAL SWIM LESSONS CAN REDUCE THE RISK OF DROWNING BY 84%.
PURPOSE OF THIS SECTION TO PROVIDE RESIDENTS OF THE CITY OF AUBURN A WIDE RANGE OF OPPORTUNITIES IN THE USE OF THEIR RESIDENCE IN PROFITABLE ACTIVITIES.
HOWEVER THE DENIAL OF OUR HOME APPLICATION NOT ONLY DEPRIVES THE OWNERS OF TIGER SHARK SWIM SCHOOL AND HICKORY LANE, BUT IF FROM A LIFE SAVORING SKILL. THE CDC PROVIDES INFORMATION THAT APPROXIMATELY 12 THOUSAND DROWNING OCCUR EVERY YEAR WITH ONE,000 BEING FATAL. THE CHARACTER OF THE CITY'S RESIDENCE AREAS MUST ALSO BE PRESERVED.
WE FEEL THAT THIS IS NOT APPLICABLE TO TIGER SHARK SWIM SCHOOL SINCE IT'S NOT VISIBLE FROM THE ROAD AS WELL AS IT'S TUCKED BEHIND IN AN INDOOR POOL, INDOOR FACILITY, IT IS NOT AN OUTDOOR POOL. FINALLY WE HAVE BEEN IN COMMUNICATION WITH THE HOMEOWNER ABOUT LIMITED HOURS OF OPERATION AS WELL AS A PARKING PLAN, FURTHERMORE WE MET WITH THE NEIGHBORS THAT ARE DIRECTLY AFFECTED, THE NEIGHBORS, THE TWO ACROSS THE STREET AND BY THE SIDES.
THEY'VE BEEN IN COMMUNICATION. THEY KNOW OUR PLAN AND WE MET WITH THEM ON SEPTEMBER 21ST TO DISCUSS ANY PLANS THAT THEY MIGHT HAVE OR CONCERNS WITH OUR PLAN.
WE'RE HERE TODAY NOT AS JUST INDIVIDUALS BUT AS A COLLECTIVE VOICE REPRESENTING THE HOPES AND CONCERNS OF THE USE OF THE COMMUNITY. IT IS CRUCIAL TO RECOGNIZE THAT THE ZONING REGULATIONS PLAY A PERSPERPIVOTAL ROLE.
ALLOWING US TO ENSURE THAT THE DECISIONS MADE REGARDING LAND USE ARE FAIR REASONABLE AND IN THE BEST INTERESTS OF THE ENTIRE COMMUNITY. WE UNDERSTAND THE DECISION MADE HERE TODAY WILL SHAPE THE FUTURE OF THE COMMUNITY, EVIDENCE, ARGUMENTS AND CONSIDERATIONS BEFORE RENDERING A VERDICT.
WE BELIEVE THAT ALL PARTIES CAN COME TOGETHER FOR AN EQUITABLE SOLUTION FOR AUBURN CITY AS WELL AS TIGER SHARK SWIM SCHOOL.
I JUST WANT TO THANK YOU AGAIN FOR YOUR TIME AND COMMITMENT TO THE PRINCIPLES OF FAIRNESS, TRANSPARENCY AND COMMUNITY WELL-BEING. TOGETHER WE CAN ENSURE OUR COMMUNITY WE ARE ALL PROUD TO CALL HOME.
>> ARE Y'ALL OPERATING OR JUST BEGINNING?
>> WE HAVE NOT BEEN OPERATING THERE.
>> YOU TOOK IT OVER FROM THE PREVIOUS.
HAS IT BEEN OPERATING IN THE LAST FEW YEARS?
>> BEFORE WE CAME INTO THIS SITUATION, THERE WAS AN LLC AT THIS LOCATION. WE WANTED TO TEAM UP TO PROVIDE YEAR ROUND SWIM LESSONS. KIND OF FARTHER WHEN WE SAID THERE WAS A OCCUPATION IN 2018 WE WERE NOT AWARE OF THAT.
WHEN WE WENT TO THE CITY AND PRESENTED THERE WAS A SWIM SCHOOL BEFORE THEY HAD NEVER HAD A FORMAL PLACE DOCUMENTED.
SO WE WANT TO -- >> THEY HAVE NOT HAD A HOME BUSINESS LICENSE, IS THAT CORRECT?
>> THAT IS WHAT WE WERE -- >> THAT'S WHAT WE WERE INFORMED.
WE JUST THOUGHT WE'D BE GOOD BECAUSE THERE HAD ALREADY BEEN A
SWIM SCHOOL. >> YES, THERE HAD BEEN THERE ONE
FOR A WHILE. >> MY RELATIVE TOOK SOME LESSONS
FROM THEM. >> AS A BACKUP PLAN ARE YOU LOOKING FOR ANY POOLS THAT YOU ARE ABLE TO DO THIS NOW?
>> UNFORTUNATELY WE HAVE LOOKED FOR OTHER POOLS THE ONE FOR EXAMPLE IN THE TIGER TOWN THERE IS A POOL THERE WITHIN THE HOTEL. AND I GOT IN CONTACT WITH THE HOTEL RNL AND THEY HAD JUST FILLED THAT POOL IN.
SO THERE ARE REALLY NO OTHER INDOOR POOLS THAT WOULD ALLOW US TO RUN OUR OWN SWIM O LESSONS OT OF THEM.
[00:15:02]
>> SO KEVIN FOR SWIM LESSONS IN THE CITY OF AUBURN THE ONLY WAY YOU COULD TEACH THEM WOULD BE AT THE UNIVERSITY POOL OR THE CITY POOL? AS THIS IS WRITTEN?
>> THAT'S NOT NECESSARILY THE CASE.
YOU COULD GIVE INDIVIDUAL SWIM LESSONS AT SOMEONE'S HOME.
>> OKAY BUT TO HAVE AN ACTUAL BUSINESS IT IS VIRTUALLY
IMPOSSIBLE IN AUBURN? >> YOU CAN HAVE A BUSINESS BUT THAT BUSINESS GIVES SWIM LESSONS AT INDIVIDUAL HOMES.
BUT AS FAR AS IT BEING IN A SINGLE LOCATION, OBVIOUSLY THERE ARE NOT A LOT OF PRIVATE INDOOR POOLS.
>> WOULD THE CITY GRANT SOMEONE THE ABILITY TO TEACH SWIM LESSONS AT THEIR POOL? PROBABLY NOT?
>> I'M NOT SURE OFF THE TOP OF MY HEAD.
YOU KNOW WE HAVE -- THERE IS CERTAINLY A GREAT DEMAND FOR POOLS OF ALL KINDS AND CERTAINLY MORE PUBLIC POOLS WITHIN THE CITY CITY AND WE ARE TAKING STEPS WITH LATIN AMERICA WILMAR, PLANS AT THE BOYKIN CAMPUS AS WELL WCH.
>> I WROTE THINK THAT WOULD BE AN INSURANCE ISSUE SO I WOULD ASSUME YOU WOULD PROBABLY BE DENIED THERE THAT.
>> NOT INDOOR EITHER, THEY ARE OUTDOOR.
>> IT WOULD BE WEATHER DEPENDENT, YOU COULDN'T DO IT
YEAR ROUND. >> AT THE PRIVATE CLUBS
(INAUDIBLE). >> I'M CONTRACTED AT AUBURN UNIVERSITY SO I CAN TEACH AT THE AUBURN UNIVERSITY DURING THE SUMMER BUT SEAN AND I HAVE NOTICED WHEN WE GO BACK TO OUR KIDS THE NEXT SUMMER THERE IS A MASSIVE LACK OF WHAT THEY LEARNED THE SUMMER BEFORE AND JUST I'M FROM PENNSYLVANIA AND SWIM SCHOOLS AROUND THERE ARE EVERYWHERE.
THEY ARE CONSTANTLY ALWAYS BUSY AND RUNNING.
SO WE JUST FEEL THAT THERE IS A SEVERE LACK WITHIN AUBURN AND TALKING TO THE FAMILIES WE'VE IMPACTED, ARE YOU CONTINUING AND I'M LIKE I WISH I COULD BUT THERE'S NO INDOOR POOL.
>> YES, LETTING GO FROM 5 A.M. TO SUNUP, AUBURN UNIVERSITY.
WHICH IS WHENEVER I'M AT LEE ANN'S.
>> THANK YOU. ANY MORE QUESTIONS FOR THE
YOU MENTIONED THAT YOU HAD TALKED TO THE NEIGHBORS ACROSS THE STREET, NEXT DOOR. IS THAT IN WRITING?
DO YOU HAVE THEIR SUPPORT? >> WE DID RECEIVE ONE LETTER OF SUPPORT FROM A NEIGHBOR THAT WAS SENT TO THE CITY.
WE DO NOT HAVE A COPY OF THAT. THAT WAS NOT SENT TO US
DIRECTLY. >> I WAS JUST CONCERNED NOT JUST ABOUT ONE. I WAS JUST TRYING TO SEE -- DO YOU HAVE SUPPORT FROM THEM IN WRITING?
THAT WAS JUST MY QUESTION. >> NOT IN WRITING.
>> NO, IT'S NOT IN WRITING. >> OKAY, THANK YOU.
WE WILL NOW OPEN THE PUBLIC HEARING.
IF ANYONE WOULD LIKE TO SPEAK IN SUPPORT OR AGAINST THIS VARIANCE. HELLO.
>> I'VE ALREADY SIGNED IN. SO I'M LEA DUSEY, I'M THE OWNER OF 1250 HICKORY LANE. GOOD AFTERNOON.
I ACTUALLY WROTE SOME NOTES DOWN, I'M THE SOLE OWNER, I BOUGHT IT FROM THE WRIGHTS SO WE HAVE MAINTAINED THE POOL SINCE THEN FOR OUR OWN PRIVATE USE, BIRTHDAY PARTIES, PRIVATE USE, IT IS VERY COLD BECAUSE THERE IS NO SUNSHINE THAT GETS TO IT SO WE HAVE MAINTAINED THE POOL SINCE THEN, SINCE 2017 FOR THE USE OF OUR TEAM. SEAN AND OLIVIA SENT ME A LETTER IN THE MAIL, THEY WROTE ME A LETTER, THEY TOWND ME, FOUND MY ADDRESS AND THEY WROTE ME A LETTER, WHICH NEVER HAPPENS, HONESTLY IT DOESN'T. I GOT THE LETTER AND SAT ON IT A LITTLE BIT. I SAID I'M NOT GOING TO DO THIS, I CAN'T DO THIS. MY DAD SAID THEY WROTE YOU A LETTER, THEY ARE COLLEGE KIDS, THEY TOOK THE TIME TO FIND YOU AND WRITE YOU A LETTER. AT LEAST HEAR THEM OUT.
I DID. THEY IMPRESSED ME FROM THE MINI MET THEM. THEY HAD ALREADY THOUGHT ABOUT THE PROBLEMS, THE ISSUES, THEY HAD ALREADY WORKED THROUGH LIABILITY, THEY HAD ALREADY WORKED THROUGH SCHEDULING.
THEY HAD A PLAN WHEN THEY WALKED ONTO MY PROPERTY AND IF THEY HADN'T HAD A PLAN WE WOULDN'T BE STANDING HERE.
SO THEY HAD A PLAN AND HI TWO MAIN CONDITIONS.
NUMBER 1 THAT I TALK TO MY NEIGHBORS AND THEY ARE NOT GOING TO BE ACHARY. THEY ARE MY NEIGHBORS, THEY ARE FRIENDS, MY GOOD TRENDS. EXCEPT FOR ONE MEMBER DIAGONALLY FROM ME, WE HAVEN'T TALKED. BUT THE PEOPLE ON EITHER SIDE OF ME AND THE PERSON DIRECTLY IN FRONT OF ME I'VE TALKED TO THEM.
TWO OF THEM HAVE CHILDREN CHILDREN WHO WOULD BENEFIT FROM THE PROGRAM. THE PEOPLE IN MY NEIGHBORHOOD WOULD BENEFIT. THEY ARE DRIVING TO OPALIKA, I
[00:20:03]
MET THEM AND TALKED TO THEM. I HAD TWO CONDITIONS, MY NEIGHBORS, AND NUMBER TWO WE FOLLOW THE RULES OF THE CITY.THEY HAVEN'T FILED FOR A BUSINESS LICENSE BECAUSE I'M GOING TO FOLLOW THE RULES AND THAT'S WHAT WE'RE TRYING TO DO.
WOULD I HAVE NO PROBLEM BEING A BUSINESS PARTNER OF THEIRS.
I BELIEVE IN THEM. I BELIEVE THEY'RE RESPONSIBLE AND ORGANIZED. IF I'D HAVE KNOWN THAT, THAT THERE WAS ANOTHER WAY WE WOULD HAVE TAKEN ANOTHER WAY, RIGHT? LIKE, I'M CONFIDENT THAT WHAT THEY'RE TRYING TO DO IS RESPONSIBLE AND REALLY OR THE THE BETTERMENT OF THE COMMUNITY AND I WOULDN'T BE LETTING PEOPLE THAT I AM NOT RELATED TO THAT I DON'T KNOW COME INTO MY PROPERTY AND USE IT IF I THOUGHT THAT IT WAS NOT GOING TO BE A RESPONSIBLE USE OF MY LAND.
BECAUSE IT'S MY HOME. AND SO I'M CONFIDENT THAT EVERYBODY, THAT ANYBODY WHO TAKES FROM THEM WOULD BENEFIT.
I WOULD TRUST THEM WITH MY OWN CHILDREN TO TEACH SWIMMING LFNLS FROM THEM. I APPRECIATE YOU ALL LISTENING TO THEIR APPEAL. AS THE HOMEOWNER I'M SUPPORTIVE OF THIS, NOT BECAUSE IT IS AN OPPORTUNITY FOR ME TO WORK WITH THEM BUT BECAUSE IT IS AN OPPORTUNITY FOR MY NEIGHBORS AND MY FRIENDS. IF YOU HAVE ANY QUESTIONS FOR ME
I'LL ANSWER THEM. >> THANK YOU.
ANYONE ELSE LIKE TO SPEAK IN SUPPORT OF OR AGAINST THIS VARIANCE REQUEST? ALL RIGHT.
WE'LL CLOSE THE PUBLIC HEARING AND OPEN UP TO THE BOARD FOR
DISCUSSION AND A MOTION. >> SO WHY DOES THE ORDINANCE CALL OUT TENNIS COURTS AND POOLS ONLY? WHAT ABOUT RACQUET BALL COURTS OR --
>> IT IS INTERESTING YOU MENTION THAT BECAUSE WE ACTUALLY HAVE AN ORDINANCE AMENDMENT GOING OUT NOW THAT CALLS OUT ATHLETIC COURTS AS OPPOSED TO JUST TENNIS COURTS OBVIOUSLY.
WE HAVE SEEN PICKLEBALL RACQUET BALL ALL THIS STUFF BECOMING MORE POPULAR. THAT CHANGE WILL ACTUALLY BE MADE HERE PROBABLY IN THE NEXT COUPLE OF WEEKS TO STRIKE OUT TENNIS AND SAY ATHLETIC COURTS. SO I THINK THAT KIND OF SPEAKS
TO YOUR POINT A LITTLE BIT. >> I GUESS MY REAL QUESTION IS WHY ARE THOSE IDENTIFIED AS NOT ALLOWED TO HAVE A BUSINESS ASSOCIATED WITH THOSE FACILITIES?
VERSUS MY LIVING ROOM? >> I MEAN I THINK, YOU KNOW, KIND OF FOR THIS REASON THAT WE'RE HERE TONIGHT AND, YOU KNOW, IF I HAD A TENNIS COURT IN MY SIDE YARD AND I HAD SOME TENNIS PRO COME INTO MY HOUSE AND TEACHING LESSONS, YOU KNOW, FOR A WHILE PARKING IN THE STREET AND THAT SORT OF THING TO
ADDRESS THAT CONCERN. >> SO WHAT YOU'RE SAYING SO IF YOU HAD AN INDOOR TENNIS COURT THAT MADE NO NOISE, AND YOU HAD ENOUGH PARKING ON YOUR PROPERTY WHERE PEOPLE WOULD DRIVE IN LIKE THEY'RE COMING TO SEE YOU AND THEY WOULD NEVER PARK ON THE STREET, THEN IT WOULDN'T BE AN ISSUE?
>> AT ALL -- IT WOULD -- HYPOTHETICALLY I UNDERSTAND WHAT YOU ARE SAYING. WE WOULD MAKE SURE THEY HAD ALL OF THESE. BUT THERE IS A PROVISION IN HERE THAT ALLOWS FOR THE HOMEOWNER TO DO SOME THINGS BUT IT DOES NOT NECESSARILY ALLOW FOR AN OUTSIDE ENTITY TO DO SOMETHING.
>> IF THE HOMEOWNER IS INVOLVED IT IS STILL PROHIBITED?
>> IT IS THE HOMEOWNER AND MAXIMUM OF ONE PERSON NOT RELATED TO THE HOMEOWNER THAT CAN BE INVOLVED IN THE BUILDING.
IN THIS CASE -- >> IF HAD YOU LEAH AND OLIVIA AS PARTNERS THIS WOULD BE PERMITTED?
>> UNDER THAT ONE IT MAY BE PERMITTED.
HOWEVER THERE ARE A NUMBER OF OTHERS ITEM SUCH AS FIVE, 10 --
>> WHAT I'M SAYING IT DOESN'T MATTER --
>> IT WOULD STILL BE IN FRONT OF US EVEN IF LEE WAS IN FRONT OF
>> JUST TO KIND OF CLARIFY LIKE IT'S BLACK AND WHITE.
YOU CANNOT HAVE, YOU CAN'T DO THIS.
SO WE'RE HERE AT THE ADJUSTMENTS ASKING FOR SOME GRAY AREA BUT
YOU CAN'T DO IT PER THE LAW. >> THAT HAS BEEN MY INTERPRETATION OF THE ORDINANCE, YES.
>> I MEAN I AGREE WITH WHAT YOU JUST SUMMARIZED.
I MEAN IT'S NOT JUST ONE ITEM. THERE ARE MULTIPLE THINGS.
AND SO EVEN IF YOU WORK THROUGH ONE ISSUE, I THINK IN THIS CASE, THERE ARE AT LEAST TWO, THREE DIFFERENT THINGS THAT, YOU KNOW, WOULD KEEP US FROM HAVING TO HAVE A VARIANCE AND MULTIPLE AREAS JUST TO MEET THE NEEDS OF -- AND I'M SORRY YOUNG LADY, I FEEL BAD FOR YOU. AND I APPLAUD YOU.
AND I APPLAUD WHAT YOU'RE TRYING TO DO.
BUT OUR JOB HERE IS TO INTERPRET THE LAW AND SEE IF A VARIANCE MAKES SENSE, AND UNFORTUNATELY IN MY OPINION AND WE WOULD TAKE A VOTE, THERE ARE TOO MANY DIFFERENT THINGS HERE THAT WOULD PRECLUDE US FROM MAKING A POSITIVE DECISION AT LEAST FOR
MY VOTE. >> YEAH, I MEAN I -- I HATE
[00:25:06]
THE -- >> I MEAN JUST THE LIVES WE HAVE IMPACTED, SEAN TAUGHT TWO KIDS HOW TO SWIM AFTER THEIR OLDEST CHILD DROWN. (INAUDIBLE) CHILDREN THAT THE TWO OF US HAVE TAUGHT TO SAVE THEIR LIVES.
AND I MEAN IT IS A SERIOUS THING.
THE PARENTS, OUR SCHEDULE AT SCHOOL IN THE SUMMER, (INAUDIBLE) THEY DON'T WANT THEIR CHILD TO DROWN, THERE IS DROWNINGS IN AUBURN, THERE IS A DROWNING (INAUDIBLE) TALK TO ME ABOUT, IT IS A SERIOUS CRISIS WITHIN AUBURN AND THE CITY, THE LIMITATION THAT THEY GIVE AS FAR AS OPALIKA ONLY RUNS SOME TIME.
THE UNIVERSITY CLUBS, THE ACTUAL UNIVERSITY POOL ONLY RUNS FOR A FEW MONTHS. AND WE ARE WILLING TO ANSWER ANY QUESTIONS, STARS THE PARKING GOES, WE'VE LAID IT OUT, WE'VE LAID IT OUT WITHIN THE -- WE JUST WANT TO COME TO AN AGREEMENT TOGETHER FOR THE SAFETY OF OUR COMMUNITY.
THE WATER SEASON HERE IS SO LONG.
AND THE AMOUNT OF WATER THAT IS AVAILABLE TO CHILDREN IS SCARY.
IT'S SCARY TO ME. LIKE I SAID I'M FROM PENNSYLVANIA. WE DON'T HAVE THAT MUCH WATER OUT THERE. BUT (INAUDIBLE) IT IS A LIFESAVING SKILL AND I DON'T KNOW IF ANY OF YOU HAVE CHILDREN BUT (INAUDIBLE) WALKING YOU NEED HOW TO DO IT.
IT IS JUST A MINUTE AND THEY'RE DEAD.
THAT IS A SCARY THOUGHT OF WANTING TO BE A PARENT ONE DAY THAT MY CHILD IS DYING AND I CAN IMPROVE IT BY 88% IF I CAN GIVE THEM FORMAL SWIM LESSONS. SO WE ARE HERE TRYING TO GIVE THE COMMUNITY FORMAL SWIM LESSONS.
I UNDERSTAND IT IS A POOL BUT IT'S AN INDOOR POOL.
I JUST HOPE IN YOUR HEART YOU CAN FIND SOME GRAY AREA AND FIND
THE SAFETY FOR THE COMMUNITY. >> I AGREE WITH YOU.
I JUST THINK WE'RE AT THE WRONG PLACE.
LIKE I THINK THE LAW NEEDS TO BE CHANGED.
AND WE -- WE CAN'T DO THAT HERE. BUT --
>> THIS IS A VERY HARD CASE. I THINK MOST OF US ARE PARENTS.
DROWNING TERRIFIES ME FOR MY CHILDREN.
THEY BOTH TOOK SWIM LRCHLS AT SWIM RIGHT.
>> WHICH WAS NEVER FILED. AS FAR AS OUR KNOWLEDGE WAS NEVER FILED TO LEGALLY BE THROUGH THE CITY.
I'M TRYING TO DO IT THE RIGHT WAY.
I'M TRYING TO DO IT THE FAIR WAY.
WE COULD RUN ILLEGALLY, IT'S NOT FAIR, IT IS NOT FAIR TO THE COMMUNITY TO RUN ILLEGALLY. SO IT'S REALLY UPSETTING BUT I KNOW, EVERYBODY I TALKED TO, SHE WAS NOT LEGAL IN THE CITY.
SO I JUST WANT TO POINT THAT OUT.
>> AND I THINK THEY ARE ABLE TO MEET -- I SAY THERE'S A LOT OF HIGHLIGHTED THINGS, IT SEEMS LIKE MOST OF IT IS MET AND THEN WE GET DOWN TO -- CAN WE DO A TEMPORARY VARIANCE WHILE THE CITY'S TRYING TO FIGURE THIS STUFF OUT? LIKE WHAT IF YOU ADOPTED HER AND THEN YOU -- YOU KNOW WHAT I MEAN COULD MAKE IT WORK. I GET THE RULES AND ALL THIS STUFF. BUT LIKE IT'S OBVIOUSLY SOMETHING THAT'S SUPERPOSITIVE FOR THE COMMUNITY.
ALL MY KIDS SWAM AT A LADY'S HOUSE IN OUR NEIGHBORHOOD IN
SEATTLE. >> I THINK TO ME IF WE'RE GOING TO FIND GRAY AREA WHICH I'S SEEM TO GO INTO, IS, YOU KNOW, IT SAYS NO SWIMMING POOL SHALL BE OPERATED AS A BUSINESS.
AND IT'S LIKE -- THE POOL IS NOT, THEY'RE NOT SELLING THINGS.
IT'S A SERVICE THAT THEY ARE TEACHING.
AND IT'S A MUCH NEEDED SERVICE. I'VE KNOWN TWO FRIENDS OF MY MOTHER CHILDREN THAT DROWNED. AND IT'S AWFUL.
IT'S A HORRIBLE THING. AND I THINK THAT'S OUR GRAY AREA TO LATCH ONTO. IS THAT THE SWIMMING POOL IS NOT THE BUSINESS. THEY ARE UTILIZING IT.
>> IF YOU TRAIN DOGS INARD, THA. >> YES, THERE'S A LOT OF, YOU KNOW, ODD THINS THINGS THAT ARE ALLOWED AND AS YOU SAID THEY KIND OF SINGLE THESE THINGS OUT AND THEN IT'S A -- LIKE IF
YOU -- >> I THINK IF MS. DOOSEY WAS CHARGING MEMBERSHIPS TO HER NEIGHBORS, THAT'S THE POOL
OPERATING -- >> RIGHT, THIS WAS BROUGHT TO US FROM THEM ATTEMPTING TO FOLLOW THE RULES.
I ASSUMED WHEN I GOT IT THAT IT WAS NEIGHBOR COMPLAINTS AND SHE'S BEEN THERE A WHILE AND I ASSUME THEY OPERATED THERE --
>> WOULDN'T BE USING THE POOL DURING THE COLD MONTHS.
[00:30:03]
>> ONLY 35 BUT HER KIDS. >> MY KIDS ARE 23, 21, THEY TOOK LESSONS THERE, IT'S BEEN A WHILE.
>> IF THE BUSINESS OPERATED OUT OF A SEPARATE ADDRESS AND THEY JUST USED THE POOL WOULD THAT BE ALLOWABLE?
>> IT OPERATES OUT OF -- >> THAT WOULD NOT BE ALLOWABLE.
BECAUSE THIS POOL WOULD BE THE PLACE OF BUSINESS.
>> I THINK THAT'S THE GRAY AREA, THE PLACE OF BUSINESS IS THE PHYSICAL ADDRESS, AND THE POOL IS A TOOL OF THE BUSINESS.
>> RIGHT. >> IF I'M UNDERSTANDING.
>> AND THERE IS NO -- OKAY, JUST GOING THROUGH THE DETAILED ACCESSORY USE. IF WE WERE TO LOOK AT ONE, IS THE SQUARE FOOTAGE WITHIN THAT REGULATION OF THE POOL BEING --
THE AREA BEING USED? >> I THINK THE AREA IS WITHIN THE PARAMETERS. YES.
THAT WAS PRIMARILY HIGHLIGHTED BY US FOR THAT FIRST SENTENCE THERE, STATING THAT THE, YOU KNOW, HOME OCCUPATION MUST CLEARLY BE SECONDARY AND INCIDENTAL TO THE USE.
>> IT DOESN'T MEET THAT. THERE'S NO SIGNAGE CORRECT?
AND THEN ARE THERE COMPANY CARS OR COMMERCIAL CARS?
>> NO. >> A MAXIMUM OF ONE PERSON.
THAT COULD PROBABLY BE ADDRESSED IN THEIR LLC.
CORRECT? WITH THE EXCEPTION OF HOME -- SO OFFSTREET PARKING SEEMS TO BE THE HURDLE TOO THAT WE HAVE TO MEET WITH BUT I THINK YOU HAD THE PLAN WHERE IT DOES APPEAR THAT THERE IS A LOT OF PARKING SPACE ON THIS PROPERTY.
>> YES IT'S BEEN -- >> IS IT FEASIBLE TO CUT DOWN YOUR CLASS SIZES TO ALLEVIATE ANY ONSTREET PARKING CONCERNS? I FIND IT LAUGHABLE THAT THE CITY OF AUBURN IS WORRIED ABOUT ON STREET PARKING, IN MOORE'S MILL THERE ARE ABOUT 8,000 CARS
PARKED ON THE STREET. >> WE COULD EASILY FIT EIGHT
CARS IN OUR DRIVEWAY. >> DO Y'ALL DO GROUP LESSONS?
>> IT'S GROUP. >> GROUP LESSONS, OKAY.
>> WOULD YOU HAVE MORE THAN EIGHT IN THE GROUP?
>> NO. >> SO ALL OF THE CARS WOULD FIT
>> I THINK WE'VE ALL TALKED. I WILL MAKE A MOTION TO APPROVE THE APPEAL TO THE PLANNING DIRECTOR'S NONUSE INTERPRETATION TO SECTIONS 511.04 AND 511.06. OR THE CASE BZ 20200 DRIVEWAY.
>> SECOND. >> DREW GOODNER, YES, 'EMY SORRELLS, YES, MARTY HEFFREN, YES TBP MARY BOYD.
NO. >> IT DOES REQUIRE A 4-1 VOTE TO PASS SO YOUR APPEAL DID NOT PASS SO I'M SORRY.
YOU CAN DISCUSS WITH STAFF AFTER OUR MEETING.
AS WE READ EARLIER, YOU CAN APPEAL TO THE CIRCUIT COURT.
I THINK YOUR BEST STEPS WOULD BE TO TALK TO STAFF, WHAT WE HAVE HAD BEFORE ARE SOME CASES WHERE THEY'VE LOOKED AT REVISING THE ZONING ORDINANCE. I'M NOT SAYING THAT THEY WOULD DO THAT OR THAT IT'S EASY AT ALL.
BUT THAT'S NEXT STEPS. KEN COULD COMMENT ON THAT A
LITTLE BIT BETTER. >> WE COULD HAVE SOME FOLLOW UP DISCUSSIONS ON THAT TO SEE IF THERE ARE ANY OTHER AVENUES TO
[OTHER BUSINESS]
REVOLVING THE ISSUES. RESOLVING OTHER ISSUES.>> DO WE HAVE ANY OTHER BUSINESS?
>> YOU ALL SEE THE NEW PLANNING DIRECTOR.
>> WHEN DOES HE START? >> THE 16TH, JUST UNDER TWO WEEKS NOW. I'VE HAD THE OPPORTUNITY TO MEET
[00:35:01]
HIM, GREAT GUY, REALLY SHARP, A GREAT ADDITION TO THE CITY SO WE'RE REALLY LOOKING FORWARD TO IT.>> I DO NOT HAVE ANY COMMUNICATION.
ANY STAFF COMMUNICATION? ALL RIGHT.
WE ARE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.