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[ROLL CALL ]

[00:00:12]

REGULAR MEETING OF CITY OF AUBURN ZONING BOARD OF

ADJUSTMENT. >> FAULKNER ?

>> HERE. >> AMY SORRELLS .

>> HERE. >> MARY BOYD.

>> HERE. >> CHARLES DAN BARRY JR.

>> HERE. >> THANK YOU FOR THAT ROLLCALL,

[APPROVAL OF MINUTES ]

TIFFANY. NOW, WE ARE GOING TO SEEK APPROVAL ON THE MINUTES FROM OCTOBER 2ND , 2024 MEETING. I MAKE A MOTION TO

APPROVE. >> SECOND.

>> WILL FAULKNER. >> YES?

>> AMY SORRELLS. >> YES.

[CHAIRMAN’S OPENING REMARKS ]

>> LAKISHA SMITH. >> YES.

>> MARY BOYD. >> YES.

>> FOUR, THOSE ARE PROVED, BEFORE EVERY MEETING , WE READ THESE OPENING REMARKS. ANY PERSON AGGRIEVED WITH ANY OF THESE REMARKS, AFTER SUCH DECISION APPEAL TO THE CIRCUIT COURT HAVING JURISDICTION. THE ZONING ORDINANCE OF THE CITY OF

[1. Variance to Table 5-2: Lot Area, Setback, Bulk Regulations and Parking Requirements: Neighborhood Conservation District, in the City of Auburn Zoning Ordinance]

AUBURN, ALABAMA. ALL RIGHT OUR FIRST ORDER OF BUSINESS IS ITEM

NUMBER BZ 2024 -- >> I NEED TO RECUSE MYSELF FROM

VOTING . >> OKAY, SO, SEEING AS MARTY, HAS TO RECUSE HIMSELF, WE WILL CALL ON MARY BOYD TO BE APPOINTED AS A REGULAR VOTING MEMBER FOR THIS ITEM. DO WE

NEED TO GET APPROVAL FOR THAT? >> IT IS THE CHAIRMAN'S CALL.

>> I CALL IT. NEXT. >> GOOD EVENING, EVERYONE. THIS IS A REQUEST A VARIANCE OF FOUR FEET FOR THE REQUIRED 14 FEET SIDE SETBACK. THAT IS REQUIRED BY TABLE 52, WHERE THE SETBACK REQUIREMENT IS 14 FEET FROM THE SIDE OUR DISTRICT 15. THAT PROPERTY IS LOCATED AT 204 LEE DRIVE. AND IT IS SURROUNDED BY SINGLE-FAMILY RESIDENTIAL ALL AROUND. THE APPLICANT REQUESTS TO CONSTRUCT A CARPORT ON THE EASTERN SIDE OF THE EXISTING STRUCTURE. NOW, THE CURRENT DISTANCE OF THE STRUCTURE FROM THE LOT LINE IS AROUND 21.8 FEET. THE PROPOSAL IS TO CREATE AN 11.8 FEET WIDE CARPORT. THAT IS GOING TO JUST LEAVE A 10 FEET SETBACK WHICH IS A FOUR FEET VARIANCE FROM THE 14 FEET REQUISITE. SO, THIS IS MOST AFFECTED BY THE VARIANCES TO THE EAST AT 210 LEE DRIVE.

YEAH, THAT IS GOING TO BE THIS PROPERTY. THAT WILL BE THE MOST EFFECT DID ONE BUT THE APPLICANT HAS ALSO SUBMITTED A LETTER FROM THE OWNERS -- YEAH. FROM THE NEIGHBOR FROM THE TO 10 LEE DRIVE. NOT A SINGLE FAMILY HOMES AND CARPORTS. IT DOES NOT PROVIDE ROOM FOR A CARPORT. THIS IS COMMON FOR A NUMBER OF OTHER PROPERTIES, SIMILAR IN AREA WITH A SIMILAR BUILDING ORIENTATION A FOOTPRINT. SOME CIRCUMSTANCES.

SOME OF THE OTHER THAT YOU CAN SEE. THIS CASE, IT HAS CREATED.

A SINGLE FAMILY. THERE IS NO VARIANCE REQUIRED AND UTILIZATION OF THE PROPERTY. HOW VARIANCE THE MINIMUM NEEDED. THE SETBACK DOES NOT ALLOW THE CREATION OF

[00:05:03]

THE CARPORT AT THAT LOCATION. AND WE JUST WANT TO ] VARIANCES ARE CONSIDERED ON A CASE-BY-CASE BASIS. I WILL BE

HAPPY TO ANSWER ANY QUESTIONS. >> IS THIS ALREADY -- THE DRIVEWAYS ALREADY CONCRETE, CORRECT? WE'RE JUST ADDING -- A THREE SUPPORT POST AND A ROAD THAT MATCHES THE EXTERIOR? IT WILL NOT BE LIKE ANYTHING DIFFERENT -- IT WON'T LOOK ANY

DIFFERENT FROM THE ORIGINAL? >> NO, NOT IN TERMS OF LOOK.

>> OKAY.

>> ANYONE HAVE ANY QUESTIONS? THANK YOU. WE WILL NOW OPEN THIS TO A PUBLIC HEARING. IF ANYONE WOULD LIKE TO SPEAK ON THIS ISSUE. ANY OF THE APPLICANTS WOULD LIKE TO SPEAK

. >> I'M RICHARD, I LIVE AT 204 LEE DRIVE WITH MY WIFE, ANNE. THANK YOU FOR CONSIDERING THIS REQUEST WOULD JUST LIKE TO ADD A CARPORT TO THE SIDE OF OUR YARD. TO THE SIDE OF OUR HOUSE FOR THIS TO BE FACING THE HOUSE ON THE LEFT SIDE. CURRENT ZONING WOULD ONLY PERMIT A 7.8 FOOT WIDE CARPORT WHICH -- ISN'T REALLY WIDE ENOUGH TO SUPPORT A CAR. A STANDARD CARPORT -- IT IS ABOUT 12 FEET.

WE DID OUR BEST TO TRY TO GET TO THAT WITH -- AS CLOSE TO THAT WITH AS POSSIBLE WHILE STILL MAINTAINING A REASONABLE SETBACK OF 10 FEET FROM THE SIDE YARD. OUR NEIGHBORS JUSTIN AND JESSICA STOKES , WE DISCUSSED IT WITH THEM. THEY SIGNED OFF AND PROVIDED THE LETTERS SAYING THAT THEY APPROVE OF THIS. ALSO ON THAT SIDE OF THEIR HOUSE, THEY HAVE THE WINDOWS FACING THE PROPERTY SO, THERE IS NO VISUAL IMPACT TO THE SIDE THERE. CARPORTS ARE COMMON IN THE CLOVERLEAF NEIGHBORHOOD , WE CURRENTLY DO NOT HAVE ANY TYPE OF COVERING FOR OUR CAR THERE. AND I WILL BE GLAD TO ANSWER ANY QUESTIONS

YOU MIGHT HAVE. >> THANK YOU. WILL YOU BE SURE AND SIGN IN, PLEASE? IF YOU HAVEN'T ALREADY. JUST RIGHT BEHIND YOU. THANK YOU. DOES ANYONE HAVE ANY QUESTIONS?

>> NO, YOU CANNOT PARTICIPATE IN DISCUSSION.

>> IT WOULD HAVE BEEN POSITIVE. >> I DO HAVE A QUESTION. AND THAT IS, DID YOU EXPLORE ANY OTHER CONFIGURATIONS FOR PLACEMENT OF THE CARPORT ON YOUR LOT?

>> WE DID. THE OTHER CONSIDERATION WAS TO PUT IT IN THE BACK YARD, WE CURRENTLY HAVE A WOODEN BACKYARD PLACING THE CARPORT INTO THE BACKYARD WOULD HAVE WIRED REMOVING SOME TREES, ALSO OUR BACKYARD -- RIGHT AT THE EDGE OF HER HOUSE STARTS TO SLOPE DOWN IN OUR BACKYARD, SIX TO 7% SLOPE .

ADDING A CARPORT WOULD ALSO ADD A LOT OF PERMEABLE SURFACE TO THE YARD , THAT WAS SOMETHING THAT WE TRIED TO AVOID. ALSO, BECAUSE OF THAT SLOPE, IT WOULD REQUIRE PRETTY THICK BLOCK OF CONCRETE. A LOT OF POOR BACK THERE. WE ARE NOT LOOKING TO DO A TWO CARPORT. WE'RE JUST LOOKING TO ADD OVER THE ORIGINAL WIDTH OF THE DRIVEWAY. I THINK OUR DRIVEWAY IS THE ORIGINAL 1972 DRIVEWAY. BUT WE DID EXPLORE LOOKING AT THE BACK YARD. ALSO, PUTTING THE CARPORT IN THE BACKYARD, WHAT IS NICE ABOUT THE BACK OF OUR YARD, FOR US AND OUR NEIGHBORS, IT IS A LARGE OPEN AREA WHERE THERE IS A LOT OF TREES BACK THERE. IT WOULD BE A BIT OF AN EYESORE JUST FOR OUR NEIGHBORS.

>> YOU FILL IT -- IF IT IS OUTSIDE, THAT LOOKS LIKE -- THEY DON'T HAVE A WOODED BACKYARD. JUST SOMETHING TO

CONSIDER. >> WHAT IS THE CURRENT WITH OF THE EXISTING DRIVEWAY. DO YOU KNOW?

>> THE EXISTING DRIVEWAY -- >> THAT YOU ARE PROPOSING?

>> THAT IS THE DISTANCE FROM THE HOUSE. I FORGET EXACTLY. I BELIEVE IT IS ABOUT NINE FEET WIDE.

>> OKAY. >> AT THE HOUSE, THE EDGE OF THE ORIGINAL DRIVEWAY IS ABOUT -- IT IS 12 FEET FROM THE

[00:10:01]

HOUSE. >> OKAY.

>> IS STILL GOING TO LEAVE A 10 FOOT

>> I AM JUST LOOKING -- GOING THROUGH -- WHETHER YOU HAVE MET THE REQUIREMENTS FOR THE GRANTING OF THE VARIANCE AND WE HAVE GOT HARMONY IN TERMS OF USE. AND -- IN TERMS OF NEIGHBORHOOD QUALITY AND PUBLIC WELFARE , YOU ARE CLAIMING THAT THE UNIQUE CIRCUMSTANCE IS THE LOT SHAPE.

>> IT IS. IT IS THE LOT WIDTH. WHILE OTHER PROPERTIES HAVE SIMILAR ACREAGE AND SIZES. THE NARROWNESS OF THE PROPERTY, PROBABLY THE WIDTH OF THE HOUSE, JUST CREATES A MORE

NARROW SIDE YARD ON THAT SIDE. >> MOST OF THE OTHER PROPERTIES IN THE NEIGHBORHOOD HAVE CARPORTS, DID YOU SEE THAT?

>> YES. THEY HAVE THEM IN VARIOUS -- SOME HAVE THEM, IN FACT I PROVIDED A COUPLE OF EXAMPLES. 305 AND 309 KIMBERLY DRIVE HAVE 12 FOOT CARPORTS ON THE SCENE GREW -- SINGLE CARPORTS ON THE SIDE. THEY HAVE A LITTLE WIDER PROPERTY. I BELIEVE THOSE PROBABLY ALIGN WITH THE SIDE YARD REQUIREMENTS. A NUMBER OF HOUSES HAVE THE CARPORTS, EITHER IN THE BACK OF THE HOUSE OR THE ONES THEY HAVE THEM, IN THEIR BACKYARD. I ALSO HAVE A NUMBER OF EXAMPLES WHERE THE CARPORTS, WHERE THEY HAVE THEM IN THE BACK, THEY'D DON'T MEET CURRENT ZONING REGULATIONS. SOME ARE LESS THAN FIVE FEET FROM THE PROPERTY LINE ON THE SIDE WHILE STILL BEING LESS THAN 10 FEET FROM THE HOUSE ITSELF AS AN ACCESSORY USE. YOU KNOW, IT IS NOT CONSISTENT. IN THE

NEIGHBORHOOD. >> THANK YOU.

>> AND THE MEASUREMENT COMES FROM, I MEAN, THE SETBACK MEASUREMENT, THE ROOF LINE OF THE PROPOSED CARPORT , RIGHT? THE POINT AT WHICH IT GOES OVER BY THE FOR FEE. IT HAS TO DO WITH LIKE , FROM AN AERIAL, NOT WHERE THE POST IS THERE

ANYTHING ELSE. >> OKAY. THE POST IS ENCROACHING ON THE SIDE YARD SETBACK.

>> OKAY. MY COMMENT IS -- SINCE THE HOME WAS ALREADY ZONED WITH THE SET BACK IN 2018, WHILE I DO NOT SEE THAT IT WOULD PRESENT ANY CONFLICT OR VIOLATION OF ANY OF THE OTHER REQUIREMENTS FOR VARIANCE -- IT DOES LOOK LIKE IT WOULD NOT MEET THE REQUIREMENT FOR A UNIQUE CIRCUMSTANCE OR SPECIAL HARDSHIP . SO, WHAT ARE YOU THINKING?

>> SINCE IT WAS A NARROW LOT, YOU WOULD HAVE MORE LENIENCY TOWARDS GRANTING SOME VARIANCE OF THIS KIND. I DIDN'T REALLY

THINK -- >> I AGREE.

>> I WOULD THINK ABOUT THE IMPERVIOUS SERVICE, THE CONCRETE DRIVE, ALL WE ARE DOING IS EXTENDING THE ROOF LINE. THIS IS A REASONABLE USE OF THE LAND AND THE PROPERTY. I UNDERSTAND IT HAS NOT MET ALL OF THEIR VARMINTS -- I DO UNDERSTAND AND APPRECIATE THAT . I THINK IT IS A REASONABLE

[00:15:02]

USE OF THE PROPERTY AND NOT AN UNREASONABLE REQUEST. I UNDERSTAND WHY EXPLORING TO LOOKING IN THE BACK DOES NOT MAKE SENSE ESPECIALLY WITH THE SLOPE FROM THE SIDELINE TO THE

NEIGHBORS. >> I ABSOLUTELY AGREE THAT IT IS THE LEAST IT IS THE LEAST DESTRUCTIVE OR UNSIGHTLY SOLUTION. IT MAKE THE MOST SENSE FROM EVERY OTHER PERSPECTIVE. SO THAT IS MY ONLY CONFLICT. THE EXISTING ZONING IS STATING WHAT IT SHOULD BE AND UNFORTUNATELY THIS WOULD PUSH BACK INTO THAT SETBACK. I DON'T HAVE ANY PROBLEM WITH THE NEED FOR THE PRESENTATION OR THE APPEARANCE OR THE

LOCATION. SO -- >> GIVEN THE NATURE OF THE NEIGHBORHOOD AND THE UNIQUENESS. I THINK THAT IS THE BEST USE OF IT. I WILL MAKE A MOTION TO APPROVE THE VARIANCE.

>> FULL SECOND. >> WILL FALTER?

>> YES. >> AMY SORRELLS? LETICIA SMITH?

>> NO. >> MARY BOYD ?

>> 3-2. >> YOU NEED FOUR TO APPROVE THE

VARIANCE. >> THE VARIANCE IS DENIED.

>> YES. >> OKAY. ANY OTHER ORDER OF

[OTHER BUSINESS ]

BUSINESS? >> NO, I DO NOT HAVE ANYTHING.

>> DO WE HAVE A PROPOSED SCHEDULE FOR OUR MEETINGS NEXT YEAR? DO YOU KNOW WHEN THOSE MIGHT BE.

>> YES. SO, WE ARE GOING TO, I WILL PROBABLY PUT THAT OUT LATER THIS WEEK. WE JUST HAD A LOT OF DISCUSSION WITH THE PLANNING COMMISSION MEETING OFF OF THE UNIVERSITY AND SCHOOL DISTRICT SPRING BREAK. WE JUST GOT FEEDBACK ON ALL OF THAT. WE

WILL FINALIZE THAT THIS WEEK. >> OKAY. WELL, SING THAT WE HAVE NO FURTHER BUSINESS. I WILL ADJOURN

* This transcript was compiled from uncorrected Closed Captioning.