[00:00:05]
WE WILL CALL TO ORDER OUR BOARD OF ZONING ADJUSTMENT MEETING FOR WEDNESDAY, DECEMBER 6. SCOTT IS GOING TO MAKE AN INTRODUCTION FOR US BEFORE WE GET GOING.
>> THANK YOU VERY MUCH. I'M VERY EXCITED TO WELCOME JUSTICE COTTON TO THE TABLE. OUR NEW PLANNING DIRECTOR HAS
BEEN WITH US SIX WEEKS NOW. >> YEAH.
>> WELCOME. >> HIT THE GROUND RUNNING.
HE IS NOT NEW ANYMORE. NOW THAT HE HAS BEEN HERE SIX WEEKS. WELCOME TO JUSTICE.
THIS IS A GREAT BOARD TO WORK WITH.
I LOOK FORWARD TO HIM JOINING AND LET YOU CARRY ON
[ROLL CALL ]
BUSINESSMENT. >> THANK YOU, JUSTICE.
WE WILL START WITH A ROLL CALL VOTE.
>> AMY SORRELLS. >> LATICIA SMITH?
[APPROVAL OF MINUTES (Part 1 of 2)]
>> ALL RIGHT. DOES ANYBODY HAVE ANY COMMENTS
ON THE MEETINGS FROM LAST MONTH? >> I DON'T HAVE A COMMENT, BUT THE SPELLING OF MY NAME IS INCORRECT.
IN MULTIPLE PLACES IN THE DOCUMENT.
I KNOW WHO I AM. I THOUGHT I WOULD PUT IT ON THE
RECORD. >> WHAT IS THE CORRECT?
I SEE THAT ON THEN TO. >> THE LAST MEETING, IT WAS
[CHAIRMAN’S OPENING REMARKS ]
SPELLED INCORRECTLY. >> MAKE A NOTE OF THAT GOING FORWARD, PLEASE. ALL RIGHT.
I HAVE SOME OPENING REMARKS. ANY PERSONS AGREED BY ANY DECISION OF THE BOARD MAY APPEAL TO THE CIRCUIT COURT OF THE ZONING ORDINANCE OF THE CITY OF AUBURN, ALABAMA.
THE SUPERNUMERARIES ONLY VOTE WHEN NECESSARY TO ASSURE FOUR VOTING MEMBERS AND HAVE A BOARD CONSISTING OF FIVE MEMBERS WHEN POSSIBLE. ALL DECISIONS ARE MADE WITH A ROLL-CALL VOTE. TONIGHT WE HAVE TWO REGULAR MEMBERS ABSENT. OUR TWO SUPERNUMERARIES WILL BE
[APPROVAL OF MINUTES (Part 2 of 2) ]
PARTICIPATING IN DISCUSSION AND VOTING.NEW BUSINESS. WE HAVE ONE APPEARANCE REQUEST.
OH, DID WE NOT APPROVE THEM? WE JUST TALKED ABOUT THEM.
WE DIDN'T DO IT. LY MAKE A MOTION TO APPROVE THE
[1. Variance from Section 502.02 C to allow townhomes to be situated behind another: Planned Development District (PDD) of the City of Auburn Zoning Ordinance ]
>> YES. >> MARY BOYD? YES. WILL FAULKNER?
>> YES. >> NOW ON TO THE VARIANCE.
SORRY. >> GOOD EVENING, BOARD MEMBERS.
FOR TONIGHT, OUR AGENDA ITEM IS A REQUEST BY THE APPLICANT, A VARIANCE REQUEST FOR TOWNHOUSES. SECTION 502-02C OF THE CITY OF AUBURN ORDINANCE TO ALLOW TOWN HOWFSES TO BE SITUATED BEHIND ONE ANOTHER. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF COX ROAD AND WIRE ROAD WITHIN THE COX AND WIRE PDD. THE PDD WAS APPROVED IN DECEMBER OF 2021. THIS COMPRISED OF APPROXIMATELY 40.7 ACRES AND INCLUDES 162 MULTIFAMILY RESIDENTIAL CONDOMINIUM UNITS. DESIGNED AS QUAD FLEXES AND DUPLEXES. AN ASSISTED LIVING FACILITY.
THE RESIDENTIAL PORTION IS CURRENTLY UNDER CONSTRUCTION.
AND UPON FINALIZING THE CONSTRUCTION OF THE FIRST UNITS, THE APPLICANT HAS ENCOUNTERED CHALLENGES WITH THE INSURANCE COMPANIES BEING ABLE TO PROVIDE POLICIES AT REASONABLE RATES.
TO REMEDY THIS ISSUE, THE APPLICANT IS NOW PROPOSING TO CONVERT THE CONDOMINIUM UNITS TO BE FEE-SIMPLE TOWNHOUSES WHILE MAINTAINING ITS CURRENT AND APPROVED BUILDING CONFIGURATION.
A VARIANCE IS NEEDED BECAUSE OF THE STIPULATION WITHIN SECTION 502-02C THAT PROHIBITS A TOWNHOUSE BEING BEHIND OR ABOVE ANOTHER TOWNHOUSE UNIT. THE PLANNING COMMISSION WILL ALSO NEED TO CONSIDER A WAIVER TO THE CITY OF AUBURN SUBDIVISION OF REGULATIONS. THE PLANNING COMMISSION WILL HEAR A WAIVER REQUEST BY THE APPLICANT FOR THIS PROPERTY AT THE NEXT PLANNING COMMISSION MEETING ON DECEMBER 14.
DEPENDENT ON THIS DECISION. BEFORE YOU USE AN EXHIBIT OF THE
[00:05:08]
BUILDING CONFIGURATION OF THE MULTIFAMILY UNITS I CAN ALSO GO BACK TO THE EXCERPT FROM THE ZONING ORDINANCE.THIS VARIANCE IS -- >> IN READING THROUGH IT, THERE IS PRECEDENT OF SEVERAL DEVELOPMENTS THAT HAVE BEEN CONFIGURED THIS WAY. IT WAS JUST 15-20 YEARS AGO.
>> THAT IS CORRECT. IN OUR RESEARCH, WE WERE UNAWARE OR UNCLEAR WHY VARIANCES WERE NOT NECESSARY TO ALLOW THESE BUILDING CONFIGURATIONS TO BE CLASSIFIED AS TOWNHOUSES.
>> AND IS THERE A REASON WHY IT IS WRITTEN THIS WAY? WHY YOU DON'T WANT THEM IN-- ONE IN FRONT OF THE OTHER?
>> IT WOULD BE FOR SUBDIVIDING, I GUESS, IN PARTICULAR.
AND I GUESS THE LANGUAGE ITSELF AND THE ORDINANCE.
IT DOESN'T GIVE A REASON AS TO WHY.
>> BUT THEY ARE FINE AS CONDOS. BUT NOT AS TOWNHOMES.
>> CORRECT. >> EVEN THOUGH THAT IS JUST A
THE CONFIGURATION WILL STAY THE SAME.
>> OKAY. IS THERE ANY-- WE DON'T REALLY KNOW ANY REASON WHY THAT IS. THAT IS HOW IT IS WRITTEN?
>> ANY INSIGHT FROM ANYONE? >> SO I WILL JUST ADD A LITTLE
>> THE KIND OF DIFFERENT STIPULATION.
REALLY IT BROUGHT FORWARD THIS CASE-- THIS IS KIND OF THE IMPETUS FOR THE REQUEST TO BEGIN WITH.
YOU KNOW, KIND OF THE CONDO-STYLE UNIT VERSUS THE FEE SIMPLE STYLE UNIT. YOU KNOW, OBVIOUSLY, IF YOU WANT A FEE SIMPLE STYLE UNIT, YOU CAN GO SINGLE-FAMILY DETACHED, A TOWNHOUSE, OR YOU COULD DO A TWIN HOME.
THAT IS KIND OF ESSENTIALLY WHAT PRODUCT OFFERINGS WE HAVE THAT YOU COULD DO WITH FEE SIMPLE. YOU KNOW, WITH ALL OF THOSE TYPES, YOU KNOW, THEY DO HAVE TO BE IN A ROW.
YOU KNOW, WE DON'T HAVE ANYTHING IN OUR ZONING ORDINANCE CURRENTLY. THAT WOULD ALLOW FOR, YOU KNOW, A QUAD PLEXIOR SOMETHING LIKE THAT.
OR A TRIPLEX. TO BE SUBDIVIDED AS FEE-SIMPLE.
>> ARE YOU FAMILIAR WITH ANY OTHER MARKETS THAT ALLOW-- I UNDERSTAND NOT WANTING THEM ON TOP OF EACH OTHER TO.
ME,S IF THAT IS MORE OF THIS IS A CONDO.
I THINK OF SOME SMALL CONDO UNITS AT THE BEACH, WHEREVER I HAVE SEEN THEM. IN FRONT OF EACH OTHER, THAT IS WHERE MY CONFUSION ARISES. WHY THERE IS AN ISSUE WITH THAT.
IT MAY JUST BE THEY WROTE IT THAT WAY AND DIDN'T ANTICIPATE
THIS COMING UP. >> FROM MY UNDERSTANDING, ABDICATEY CAN CORRECT ME IF I'M WRONG, IT HAS BEEN THIS WAY FOR QUITE SOME TIME. YOU KNOW, THERE ARE A LOT OF NEW PRODUCT TYPES SUCH AS THIS COMING ON-LINE.
YOU KNOW, I CAN'T SAY WHY EXACTLY.
>> I THINK IT DOES PROBABLY VARY FROM JURISDICTION TO
>> CAN YOU QUICKLY REPEAT THE TYPES THAT ARE ALLOWED?
TOWNHOME. AND HELP THE AS THESE WERE ORIGINALLY PROPOSED AS, YOU KNOW, KIND OF A TRUE MULTIFAMILY PRODUCT, BUT JUST NOT BEING SUBDIVIDED FEE-SIMPLE.
BEING SUBDIVIDED INSTEAD OF THIS CONDO UNIT.
>> THANK YOU. >> YOU MENTIONED THAT THERE WAS A CHALLENGE GETTING INSURANCE. CAN YOU EBB ELABORATE ON THAT?
>> I WOULD ASK THE APPLICANT TO DISCUSS THAT.
>> OKAY. ANYONE HAVE ANY MORE QUESTIONS FOR STAFF? OKAY.
WE WILL HEAR FROM THE APPLICANT AT THIS TIME.
IF Y'ALL WILL SIGN IN ON THAT PIECE OF PAPER.
THEN INTRODUCE YOURSELVES, PLEASE.
MR. CHAIRMAN, MEMBERS OF THE BOARD.
I'M THE APPLICANT. THIS IS MY ATTORNEY WITH SMITH, GAM RELL & RUSSELL. AND MY SON IS WITH ME ALSO.
I THINK STAFF HAS DONE A GOOD JOB EXPLAINING THE FAX.
-- THE FACTS. WE ZONED THIS IN '21.
THE INTENTION WAS THIS WOULD BE A-- MAINLY A QUAD PROJECT.
ACTIVE ADULT PROJECT, A PROJECT THAT WE THOUGHT IS REALLY NEEDED IN AUBURN. THERE IS NOT MANY THINGS WE THINK ADDRESSING THAT NEED FOR THE MOVE-DOWN.
THESE ARE AGE-RESTRICTED UNITS. THEY ARE MAINLY ALL ONE LEVEL.
[00:10:05]
ADA ACCESSIBILITY UNITS. AND THIS PROPERTY FIT THAT DEFINITION VERY PERFECT. IT IS A FLAT PIECE OF PROPERTY.THERE IS TWO REASONS-- WE ASKED FOR A PRIVATE STREET.
WHEN YOU DO A PRIVATE STREET, YOU CAN'T SUBDIVIDE ON THE PRIVATE STREET. WE ASKED FOR A PRIVATE STREET.
FOR ONE REASON ONLY. TO GATE THIS COMMUNITY.
WE ALREADY-- IT IS A LOCK-UP AND LEAVE KIND OF COMMUNITY.
THE BUYERS, WE WANT THEM, YOU KNOW, IN THIS TYPE OF COMM COMMUNITY-- YOU KNOW, ALL YOUR MAINTENANCE, YOUR INSURANCE, YOU KNOW, AND ALL YOUR TERMITE TREATMENT, ALL YOUR MAINTENANCE.
THE YARD MAINTENANCE. YOU HAVE AMENITIES.
IT HAS A POOL. IT HAS A CLUBHOUSE.
PICKLEBALL COURTS. ALL THOSE ARE IN YOUR FEE.
THE ONLY THING YOU NEED TO PAY IS YOUR MORTGAGE AND YOUR POWER AND GAS BILL. WELL, WHEN YOU DO A PRIVATE STREET AND YOU DO GATED, YOU HAVE TO, YOU KNOW, HAVE A PRIVATE STREET. WHAT HAPPENS RIGHT NOW AT THE ROUND-ABOUT RIGHT NOW, SINCE THEY PUT IT IN, WE HAVE PEOPLE FLYING THROUGH THIS NEIGHBORHOOD EVERY DAY, TRYING TO GO-- TO AVOID THE ROUND-ABOUT. THEY ARE GOING WIRE ROAD TO AUBURN. THEY ARE PROBABLY GOING TO BUCKY'S. (LAUGHTER).
>> BUCK YY'S IS RIGHT DOWN THE ROAD ON COX ROAD.
MY AGENTS SIT THERE AND SAY EVERY DAY, WE ARE ACTUALLY GOING TO START-- WE WANT TO KEEP THE GATES OPEN FOR PEOPLE COMING IN.
WE ARE ACTUALLY GOING TO BARRICADE THE BACK GATE.
BECAUSE IT IS A CUT-THROUGH. THAT IS WHY WE GATE IT.
YOU DON'T WANT PEOPLE GOING THROUGH A CUT-THROUGH, THROUGH A RESIDENTIAL NEIGHBORHOOD. I DIDN'T THINK THEY WOULD DO IT.
THEY ACTUALLY DID IT. THE ROADS ARE STILL BUILT TO PUBLIC ROAD STANDARDS. THERE IS NO VARIANCES ON THE ROADS. BECAUSE THEY ARE PRIVATE ROADS, THEY NEED TO BE CONDOMINIUMS FOR OWNERSHIP.
YOU CAN'T SUBDIVIDE ON THE PRIOR ROAD.
IN MY HISTORY, I HAVE BUILT PROBABLY 3,000 OR 4,000 CONDOMINIUMS. I UNDERSTAND HOW CONDOMINIUMS WORK. I KNOW HOW THE LAWS WORK.
AND THE ISSUES WITH CONDOMINIUMS ARE YOU ARE REQUIRED BY LAW TO COVER THE INSURANCE FOR ALL THE COMMON ELEMENTS.
TYPICALLY, A COMMON ELEMENT-- THE AMENITIES.
THE SHARED BUILDINGS. LIKE DREW MENTIONED EARLIER, YOU KNOW, NORMALLY CONDOMINIUMS ARE STACKED ON TOP OF EACH OTHER.
THAT MEANS YOU HAVE TO COVER ALL THE UNITS.
NORMALLY, YOU ONLY NEED INSURANCE FOR THE CONTENTS.
BECAUSE THESE ARE CONDOS, THEY GET LUMPED INTO THE CONDO BUCKET. THAT MEANS YOU REALLY HAVE TO HAVE INSURANCE FOR THE WHOLE UNIT ITSELF.
KNEW, YOU CAN SEE THE AERIAL RIGHT THERE.
HOW THESE WORK. THEY ARE FLIPPING THROUGH THERE.
THE DRIVEWAYS. YOU SEE THE UNITS IN THE BACK.
YOU HAVE A SHARED COMMON DRIVEWAY THAT HAS ABEASEMENT.
YOU SEE THE TWO IN THE FRONT AND THE TWO IN THE BACK.
THERE IS SOME OTHER PICTURES THAT SHOW THE BACK ONES.
THERE IS THE PICTURE OF THE ONE IN THE BACK RIGHT THERE.
IT HAS A LITTLE YARD. EVEN THOUGH THESE WERE CONDOS, THEY WERE GOING TO BE LAND CONDOS.
YOU STILL OWN THE LAND. SO WHAT HAPPENED WAS WE-- WHEN YOU DO A CONDO, YOU HAVE TO DO RESERVE STUDIES.
ALL THE DISCLOSURE PACKAGES. WE SET UP THE HOA.
THE DOCUMENTS ARE SET UP. THE ARTICLES OF INCORPORATION.
THE LLC SET UP FOR THE ASSOCIATION.
WE HAVE ALL OUR RESERVED STUDIES.
WE GOT OUR BIDS FOR THE INSURANCE COMPANY.
THEN WE WERE ABLE TO GO TO-- YOU KNOW, MARKET AND SELL.
ACTUALLY, START SELLING UNITS. WE OBVIOUSLY HAVE SOME UNITS SOLD. THEY WERE-- WE ARE GETTING CLOSE TO CLOSING. AND SO THE-- IT WAS TIME TO BUY THE INSURANCE. WE WENT TO BUY THE INSURANCE.
IT WAS MAYBE ABOUT AN EIGHT-MONTH PERIOD BETWEEN WHEN WE GOT THE INSURANCE QUOTE UNTIL WHEN WE GOT READY TO PUT THE INSURANCE IN PLACE. WHEN THE UNITS WERE COMPLETE.
LIKE THAT BUILDING THERE. I GOT AN I MAIL.
THIS IS WEDNESDAY, SEPTEMBER 13 WHEN THIS STARTED.
IT SAYS "UNFORTUNATELY, WE ARE CURRENTLY, YOU KNOW-- DO NOT HAVE A MARKET FOR THE INSURANCE FOR THE CONDOMINIUM COMPLEX." IT SAYS "LOI INSURANCE IS NO LONGER WRITING CONDOMINIUM INSURANCE DUE TO THE OVERALL LOSS." MAINLY BECAUSE OF THE FREEZE WE HAD IN SEPTEMBER.
IF YOU HAVE ANYTHING STACKED ABOVE THE CONDOMINIUMS, THE PIPE BUSTS ON THE FOURTH FLOOR. IT GOES TO THE BOTTOM FLOOR.
AND HURRICANE LOSSES. THAT WAS LOI.
ANOTHER INSURANCE COMPANY, SAME THING.
PHILADELPHIA INSURANCE, THE PROXIMITY TO THE COLLEGE.
BELIEVE IT OR NOT. I MEAN, THEY DIDN'T WANT TO DO
[00:15:02]
CONDOS BECAUSE OF THE COLLEGE. CAU DECLINED.NATIONWIDE DECLINED. THEY ALL DECLINED.
THESE ARE ALL CARRIERS WHO WE DEAL WITH.
I HAVE DONE BUSINESS WITH THESE GUYS FOR 20 YEARS IN ATLANTA.
AND SO THE ONLY OPTION IS TO GO TO THE SECONDARY INSURANCE MARKET. IF YOU GO TO THE SECONDARY INSURANCE MARKET, YOU BASICALLY ARE PLAYING THREE TO FOUR TI TIMES-- PAYING THREE TO FOUR TIMES THE PRICE THAT IS PASSED ON TO BUYERS IN THIS COMMUNITY. YOU ARE ALSO TAKING A $2RBGS 500 TO A $25,000 DEDUCTIBLE. WE GOT.
THAT I SAID THERE HAS TO BE ANOTHER WAY OF DOING THIS.
YOU KNOW, LET'S SEE IF THERE IS A WAY TO WORK ANOTHER WAY THAT REALLY DOESN'T PENALIZE OUR HOME OWNERS IN THE END.
AND STICKS THEM WITH ONE TYPE OF INSURANCE.
SO LUCKILY, WHEN WE BUILT THIS COMMUNITY, WE BUILT THESE AS TOWNHOUSES CONSTRUCTION. YOU DON'T NEED TO GET CONFUSED OF OWNERSHIP AND CONSTRUCTION TYPE.
SO THESE ARE BY CODE, THESE ARE TOWNHOUSES.
IF YOU TAKE THE BUILDING CODE, WHAT IT SAYS AND HOW THEY ARE BUILT, THEY HAVE THEIR OWN INDIVIDUAL POWER.
ALL UTILITIES. THEY ARE SEPARATED.
ALL FOUR DIMENSIONS. THE WALL HAS AN STC RATING OF 62. LIKE IT IS A FIREWALL PLUS A SOUND WALL. BETWEEN ALL UNITS.
WHEN YOU BUILD THEM BY TOWNHOUSE, THAT IS A CONSTRUCTION TYPE. THERE IS ALSO IN THE CODE, YOU KNOW, A DEFINITION OF TOWNHOME THAT IS BASICALLY IN THE ORDINANCE. IF YOU LOOK AT EVEN-- IF YOU LOOK AT BUILDING CODE AND EVEN THE ORDINANCE, AUBURN'S ORDINANCE, IT SAYS THAT, YOU KNOW, A TOWNHOME IS BASICALLY A UNIT THAT STANDS ON ITS OWN THAT DOESN'T HAVE ANYTHING, YOU KNOW-- IT HAS TO HAVE TWO VISIBLE SIDES OPEN.
IT IS GOING TO BE THREE OR MORE UNITS.
AND IT SHOULD BE BUILT WITH NOTHING ABOVE IT.
THAT IS WHAT THE BUILDING CODE SAYS.
WHEN YOU GO TO THE SECTION 502.02C.
YOU GET INTO THE REQUIREMENTS OF THE TOWNHOME.
THEN IT STATES THAT YOU CAN'T HAVE ONE BEHIND OR ABOVE ANOTHER. SO WHAT WE ASKED TO DO, I SAID, IS THERE A WAY WE COULD CALL THIS A TOWNHOME? WE SET STAFF KIND OF HOW IT WOULD WORK AND BE PLATTED.
IF YOU COULD GO TO THE CONDO, IF YOU DON'T MIND, JUSTICE.
(LAUGHTER) THAT ONE RIGHT THERE. THE TOP.
THAT IS A CONDOMINIUM PLAT OF WHAT THESE WOULD LOOK LIKE.
IF YOU LOOK AT IT, THEY ARE EACH INDIVIDUAL.
FOUR LITTLE BOXES. GO TO THE NEXT ONE, JUSTICE.
IF YOU DON'T MIND. THAT IS WHAT IT LOOKS LIKE AS A PLATTED SUBDIVISION. BASICALLY, IT LOOKS THE SAME.
THE ROADS LOOK THE SAME. THE ONLY DIFFERENCE IS THAT WE HAD TO MEET THE ROAD REQUI REQUIREMENT.
WE ALSO HAD TO PUT ALL OF THE SETBACKS.
ACTUALLY, BY BRINGING THESE AS TOWNHOUSES IN PLATINUM, WE ARE LOSING-- WE ARE ACTUALLY DOWN-ZONING THE PROPERTY.
OUR ISR AND FAR ARE LIMITED. WE ARE BASICALLY AT 37% OPEN SPACE. NOW OUR ISR AND FAR HAVE TO BE CALCULATED BY INDIVIDUAL LOT BASIS.
WE MET ALL THOSE REQUIREMENTS. WE WERE VERY FORTUNATE THERE.
BUT AT THE END OF THE DAY, YOU KNOW, WHA WHAT WE ARE ASKING, T, I WISH WE KNEW IF THERE WAS A TWO-PART BUILDING, WE WOULD BE APPROVED TO BE SUBDIVIDE ON THE PRIVATE ROAD.
MAINLY BECAUSE IT IS GATED. THAT IS THE ONLY REASON IT STILL MEETS THE SPECS. PRETTY MUCH THAT IS IT.
THE HARDSHIP IS IS THAT WE CAN'T GET INSURANCE FOR THE COMMUNITY.
WE ARE GOING TO PENALIZE POTENTIAL BUYERS TO GET THAT.
AND THE CONDOMINIUM, WE ARE NOT GETTING ANY MORE UNITS.
IT DOESN'T LOOK ANY DIFFERENT. IT IS ALL THE SAME PROJECT.
IT IS JUST THE OWNERSHIP CHANGING.
FROM A CONDO OWNERSHIP TO A FEE SIMPLE TOWNHOME.
AND MOST JURISDICTIONS, I KNOW THE CITY IS WORKING ON A NEW ORDINANCE. MOST JURISDICTIONS, DREW YOU ASKED, THESE THINGS ARE BUILT IN A LOT OF PLACES.
IT IS NOT JUST HERE. MOST OF THE TIME, YOU KNOW, THEY ALLOW SUBDIVIDING, JUST, FOR INSTANCE, A LOT OF TIMES, WE BUILD TOWNHOUSES ON F MUSE. WHERE THE TOWNHOMES FACE EACH OTHER WITH A GRASS STRIP IN THE MIDDLE.
IF YOU HAD THAT, YOU COULDN'T PLAT THOSE.
YOU ARE LIMITED TO HOW YOU DESIGN A NEIGHBORHOOD OR PRODUCT TYPE BECAUSE OF, YOU KNOW, BACK TO BACK OR HOW THE ROADS ARE, HAVING ROAD FRONTAGE. A LOT OF TIMES, THE ROAD
[00:20:03]
FRONTAGE, IT IS NOT A SAFETY ISSUE.ALL OF THIS HAD BEEN PROVED BY PUBLIC WORKS AND FIRE.
IT IS NOT ANYTHING LIKE. THAT YOU ARE CALLING IT-- YOU ARE GOING FROM A CONNEDO THE A TOWNHOME.
THAT IS WHAT WE ARE ASKING. KATHY, I GUESS, HAD SOME
COMMENTS. >> I WANT TO KNOW WHAT BUCKY'S
SAYS. >> WE HAVE TO FINISH THIS HEARING. I NEED SOME FUDGE, SOME BARBECUE. SOMETHING.
>> IT HAS BEEN A REAL PLEASURE TO REPRESENT WARREN FOR THE PAST 30-PLUS YEARS. IT IS MAKING ME FEEL OLD.
NUMBS, HE IS A NONETHELESS, HE IS A GOOD CLIENT TO HAVE.
HE BUILDS A QUALITY PRODUCT. WHAT HE TELLS YOU, HE DOES.
HE MAKES A COMMITMENT. I KNOW IT IS GOING TO BE OBSERVED. WHEN IT DOES NOT GET OBSERVED, THAT HURTS ME AS MUCH AS THE CLIENT.
HE WILL DO WHATEVER HE IS TOLD HE WILL DO WITH HIS PRODUCT.
WHICH BRINGS ME TO THE ORIGINAL ZONING OF THIS TRACT.
THAT DIDN'T HAPPEN ALL THAT LONG AGO.
IT IS A PDD ZONING. AS YOU ALL ARE AWARE, THAT IS SUPPOSED TO BE A FLEXIBLE ZONING.
SO IT IS SUPPOSED TO HAVE FLEXIBILITY IN TERMS OF THE NORMAL STANDARDS THAT APPLY TO ZONING.
THAT IS KIND OF CONTRADICTING WITH WHAT THE DEFINITION OF WHAT A TOWNHOME IS IN YOUR CODE. WE THINK THIS IS AN APPROPRIATE USE. PARTICULARLY, SINCE YOU ASKED ARE THERE OTHER PROJECTS THAT HAVE DONE.
THIS AND THEY HAVE. WE DON'T KNOW HOW THEY HAVE.
YOU DO HAVE A CLUSTER HOME DEFINITION THAT WE COULD ALSO CALL THIS. THERE IS SOMETHING IN IT WE CAN'T DEAL WITH EITHER. WE LOOKED AT BOTH.
THIS WAS BASICALLY THE ONLY WAY THAT WE COULD GO.
WE WERE-- THE PLANS THAT WE SHOWED TO THE CITY COUNCIL WHEN WE ZONED THE PROPERTY, THE PLANS WE HAVE SHOWN TO STAFF, EVERYTHING THAT WE HAVE DONE IN THIS INSTANCE IS EXACTLY STILL WHAT WE ARE GOING TO BUILD ON THE GROUND.
YOU WON'T BE ABLE TO VISUALLY OR PHYSICALLY TELL A DIFFERENCE.
IT IS JUST WHAT YOU ARE GOING TO CALL IT FROM A LEGAL STANDPOINT.
I THINK MS. SMITH, THAT MIGHT HAVE BEEN ONE OF THE QUESTIONS.
WHAT IS CHANGING? REALLY NOTHING EXCEPT FOR THE FORM OF CALLING IT A CONDO VERSUS A TOWNHOME.
THE STANDARD THAT YOU ALL HAVE, THIS IS THE ONLY AREA WHERE I DISAGREE WITH THE STAFF A LITTLE BIT.
THEY ARE TALKING ABOUT A VARIANCE BEING GRANTED BECAUSE OF TOPOGRAPHICAL FEATURES. SOME UNUSUAL FEATURE OUTSIDE THE CONTROL OF THE DEVELOPER. THE REASON FOR THAT IS THAT IN MANY INSTANCES, WHAT I HAVE SEEN OVER MY CAREER IS THE DEVELOPER WILL COME IN AND SAY "I NEED VARIANCES TO BUILD THIS HOUSE." OR I NEED VARIANCES TO BE ABLE TO BUILD THIS ENTIRE SUBDIVISION. WHEN YOU SAY, WELL, WHAT JUSTIFIES THAT VARIANCE, WHAT HE SAYS IS, WELL, I NEED TO MAKE X AMOUNT OF MONEY. YOU ARE NOT SUPPOSED TO GIVE VARIANCES FOR THAT WHICH I FULLY UNDERSTAND.
THAT DOES NOT MEAN THAT AN ECONOMIC HARDSHIP IS NOT A JUSTIFICATION FOR A VARIANCE. IF IT IS OUTSIDE THE CONTROL OF THE DEVELOPER. THIS ONE CERTAINLY IS.
WHEN WE STARTED THIS PROJECT, I GUARANTEE YOU, IF WE HAD KNOWN WE WOULDN'T GET INSURANCE ON IT, IT WOULD HAVE BEEN DEVELOPED IN A COMPLETELY DIFFERENT WAY. ALL OF THAT HAPPENED AFTER WE WERE ZONED AND WHILE WE WERE UNDER DEVELOPMENT.
WE CALLED THE INSURANCE COMPANIES TO CONVERT.
WE CAN'T SELL THOSE UNITS. I DON'T THINK ANY OF US ARE GOING TO BUY ONE. I CERTAINLY WOULDN'T IF THAT WAS MY EXPOSURE IN TERMS OF A DEDUCTIBLE.
WE CANNOT BUILD IT AS IT WAS ZONED.
QUITE FRANKLY, WE CANNOT CONTINUE WITH THE DEVELOPMENT IF WE CANNOT GET THIS VARIANCE APPROVED.
WE JUST CAN'T DO IT. IT IS FINANCED BASED ON THE NUMBER OF UNITS AT THIS POINT. YES, THAT DOES BENEFIT US ULTIMATELY, WE HOPE. IT IS NOT OUR FINANCIAL GREED, IF YOU WILL, THAT IS AN ISSUE HERE.
IT IS A QUESTION OF WHAT THE MARKET HAS DONE.
BECAUSE OF ALL THE FREEZING AND THE OTHER WEATHER ISSUES THAT WE HAVE HAD IN THE SOUTHEAST FOR THE PAST COUPLE OF YEARS.
SO THAT IS PRETTY MUCH WHAT I WOULD SAY FROM A LEGAL STANDPOINT. HOPEFULLY, ANSWERED YOUR QUESTION. THE OTHER THING I WOULD POINT OUT IS THAT WE DO KNOW, OF COURSE, YOUR STAFF HAS BEEN REALLY NICE TO WORK WITH. I ACTUALLY LIKE RICK DAVIDSON.
I HAVE WORKED WITH HIM BEFORE. THEY ARE LOOKING AT MAKING REVISIONS TO THE CODE. WE WERE ASKED CAN YOU JUST WAIT UNTIL THAT HAPPENS. UNFORTUNATELY, WE CANNOT.
BECAUSE WE HAVE BUYERS ON THESE PROPERTIES NOW.
WE ARE UNDER CONSTRUCTION NOW. THAT CODE CHANGE HAS TO GO THROUGH ALL OF YOUR FIRST DRAFTING SITUATION AND A CONSENSUS AS TO WHAT'S GOING TO BSH WHAT IT IS GOING TO SAY.
AND THEN A HEARING PROCESS. THAT IS GOING TO TAKE MORE THAN SIX MONTHS TO A YEAR TO GET DONE.
WE SIMPLY CAN'T SIT AND STOP AND WAIT.
OTHERWISE, WE WOULD AND WE WOULD BE HAPPY TO.
SO WITH ALL OF THAT SAID, AND NOW KNOWING THAT THERE IS BUCKY'S HERE, IF YOU WOULD PLEASE VOTE TO APPROVE THIS APPLICATION SO I CAN STOP BY THERE AND GET MY FUDGE, I WOULD VERY MUCH APPRECIATE IT. IF YOU HAVE ANY QUESTIONS FOR
[00:25:01]
ME, I WOULD BE HAPPY TO ANSWER THOSE.>> DOES ANYONE HAVE QUESTIONS FOR EITHER OF THE APPLICANTS?
>> I DON'T HAVE A QUESTION. I WANTED TO SAY, YOU DID A GREAT JOB EXPLAINING THIS. I APPRECIATE THAT.
WHEN I WAS FIRST LISTENING TO THIS AND READING THIS, IT WAS A LITTLE BIT CONFUSING. I APPRECIATE IT THAT YOU WERE VERY THOROUGH IN YOUR EXPLANATION AS TO WHY WE ARE HERE TODAY. I APPRECIATE THAT.
>> I FORGOT ONE THING TO EXPLAIN.
>> THANK YOU. >> SO THE DIFFERENCE IN CONDO VERSUS FEE SIMPLE IS THAT-- SO FOR ASSOCIATION, WE STILL CAN REQUIRE IT MAINTAIN ALL THE EXTERIORS, AND THE ROADS AND THE TOWNHOME ASSOCIATION. WE ARE JUST GIVING THE BUYER, THE INDIVIDUAL UNIT, THE ABILITY TO GO GET HIS OWN INSURANCE WHICH STATE FARM OR HIS OWN CARRIER WILL BUNDLE UP WITH HIS CAR AND ALL OF THAT. WHICH IS MUCH MORE AFFORDABLE THAN TRYING TO COVER THE PROJECT OF A WHOLE WHICH IS ABOUT $80 MILLION COVERAGE FOR ONE CARRIER.
YOU WILL HAVE THAT. IF YOU DON'T KNOW ANYTHING ABOUT INSURANCE, YOU GUYS SURE HAVE SEEN ALL THE STUFF ON THE NEWS AND ESPECIALLY ANYBODY IN FLORIDA WITH HURRICANES AND THE BEACH. I MEAN, IT IS TOUGH.
RIGHT NOW, IT IS TOUGH TO GET ANY INSURANCE.
THEY CAN GET THESE SMALLER COVERAGES.
>> ALL RIGHT. WE WILL OPEN THE PUBLIC HEARING.
SEE IF ANYONE WANTS TO SPEAK IN SUPPORT OF OR AGAINST THIS VARIANCE. WE WILL CLOSE THE PUBLIC HEARING AND OPEN UP TO THE BOARD FOR DISCUSSION AND/OR A MOTION.
>> I THINK IT MAKES LOGICAL SENSE TO MAKE THE CHANGE.
I DON'T THINK IT DOES ANY HARM NOW OR IN THE FUTURE.
TO APPROVE. THIS I THINK IT IS FOR THE BENEFIT OF THE CONSUMER IN THE LONG END.
BEING ABLE TO INSURE THE PROPERTY.
>> YEAH. I THINK THEY ARE NOT LOOKING TO GAIN UNITS. IT MAKES SENSE.
IT IS A QUIRK IN THE CODE. IT IS OBVIOUSLY BEEN DONE BEFORE. WE DON'T KNOW HOW.
THERE IS NOT A REASON WHY IT IS NOT ALLOWED.
IF THEY ARE ON TOP OF EACH OTHER, TH THAT IS A WHOLE DIFFET
DISCUSSION. >> I AGREE WITH THAT AS WELL.
>> I WILL MAKE A MOTION TO APPROVE BZ2023-010 AS PRESENTED.
[OTHER BUSINESS ]
THANK YOU ALL. OTHER BUSINESS.WHEN IS OUR JANUARY MEETING SCHEDULED?
I WAS MAKING SURE WE DIDN'T NEED TO MOVE THAT.
I DON'T THINK I HAVE ANY OTHER COMMUNICATION.
ONE OTHER QUESTION. DO WE HAVE ANY APPLICANTS OR ANYONE ON THE BOARD RIGHT NOW WHO IS-- WHOSE TERMS ARE UP?
>> OH. I DON'T HAVE THE NAMES ON ME.
>> I THINK I JUST GOT. >> DREW AND EMMY.
>> WE ARE THE TWO UP. SHE TEXTED ME EARLIER AND SAID
SHE WOULD LIKE TO CONTINUE. >> YOU NEED TO SUBMIT FORMAL APPLICATIONS. ONE IS UP.
ONE IN THE MIDDLE OF JUST COMPLETING ONE TERM.
AND THEN ANOTHER ONE THAT IS TWO TERMS. INSTEAD OF BEING AUTOMATICALLY REAPPOINTED.
YOU HAVE TO-- YUP. >> I WILL TEXT HER.
>> IF I COULD ADD, TOO, IF IF THERE IS A SUPERNUMERARY WHO WOULD LIKE TO APPLY, IT IS NOT AN AUTOMATIC PROMOTION OR ANYTHING. YOU WOULD HAVE TO REAPPLY.
>> TYPICALLY, IF YOU ARE A REGULAR MEMBER, YOU STAY A REGULAR MEMBER. IN THE PAST, SOMETIMES IF A REGULAR MEMBER ROLLS OFF, I THINK THIS HAPPENED TO YOU, LATICIA. IT HAPPENED TO ME YEARS AGO.
SOMEONE NEW GETS ON THE BOARD, APPLIES FOR THAT POSITION.
YOU STAY AS A SUPERNUMERARY. THAT IS ALL THE COMMUNICATION I HAVE. ANY OTHER STAFF COMMUNICATION?
>> DID YOU ASK? DID WE HAVE ANY ITEMS SO FAR?
>> FOR JANUARY? >> I DON'T THINK SO.
WE ARE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.