[00:00:02]
YEAH, I'M GOOD.SO WE CAN GO AHEAD AND GET STARTED.
[ROLL CALL ]
I'LL CALL THIS MEETING OF THE BOARD OF ZONING ADJUSTMENT FOR MARCH 5TH, 2025 TO ORDER.[APPROVAL OF MINUTES ]
WE CAN HAVE APPROVAL OF THE MINUTES FROM OUR FEBRUARY 5TH MEETING IF I HAVE A MOTION TO APPROVE THOSE MINUTES AS PRESENTED.MARTY, DO I HAVE A SECOND? YES.
OH, AND CHARLES, UH, ALL IN FAVOR? OH, SORRY.
ROLL CALL I'S TAKING YOUR JOB.
JUST ALL THE PEOPLE WHO ARE HERE.
I'M GONNA READ AN OPENING STATEMENT TO START OUR MEETING.
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 SECTION 9 0 8.
UM, Y'ALL NEED TO FIRST OFFICIALLY APPOINT YOU AS A TEMPORARY CHAIRPERSON TO RUN THE MEETING.
OH, I THOUGHT WE WOULD DO THAT AFTER I READ THE STATEMENT.
NO, BEFORE WE CONDUCT BUSINESS.
SO WE JUST NEED A MOTION, UM, FROM SOMEBODY IN A SECOND AND THEN, AND THEN ALSO THE SUPER MARY WILL BE VOTING.
DOES THAT NEED TO GO IN THE SAME MOTION? UM, IT, NO, IT JUST, BECAUSE WE, WE NEED 'EM TO MAKE A QUORUM.
WE JUST NEED A SOMEBODY TO MAKE A MOTION AND A SECOND TO HAVE YOU AS TEMPORARY CHAIRMAN.
I'LL MAKE A MOTION TO ELECT ELECT EM SOROS AS THE TEMPORARY CHAIR.
[CHAIRMAN’S OPENING REMARKS ]
AGAIN.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 SECTION 9 0 8 0.02 OF THE ZONING ORDINANCE OF THE CITY OF AUBURN, ALABAMA, THE BOARD CONSISTS OF FIVE REGULAR MEMBERS AND TWO SUPERNUMERARIES.
THE SUPERNUMERARIES PARTICIPATE IN ALL DISCUSSIONS, BUT 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, ROLL CALL, VOTE, AND CONCURRING VOTE OF FOUR MEMBERS IS REQUIRED TO APPROVE AN APPLICATION FOR A VARIANCE.
[1. Variance to Table 5-1: Lot Area, Setbacks, Maximum Impervious Surface and Parking Requirements for Conventional Subdivisions, in the City of Auburn Zoning Ordinance]
UH, MOVING TO NEW BUSINESS, WE HAVE, UH, OUR CASE BZ 2 0 2 5 DASH 0 0 2 FOR THE PRESERVE, PHASE SIX, REQUESTING A VARIANCE OF SEVEN FEET TO THE REQUIRED 25 FOOT FRONT STREET SETBACK TO ALLOW A SETBACK OF 18 FEET.AND EVERYONE, UM, THIS IS A REQUEST FOR VARIANCE OF SEVEN FEET TO THE REQUIRED 25 FEET FRONT OR STREET SETBACK TO ALLOW A SETBACK OF 18 FEET.
AND THE LOCATION IS THE PRESERVED SUBDIVISION.
APPLICANT IS, UH, H KENNETH WHITE JUNIOR PLAZA AND WHITE ENGINEERING LLC.
CAN YOU GO TO THE NEXT SLIDE? AND THIS IS, THIS SHOWS THE GENERAL LOCATION OF THE SITE.
UM, IT'S MOSTLY SURROUNDED BY DDH, THAT'S SINGLE FAMILY RESIDENTIAL AND UNDEVELOPED LAND.
THE SUBJECT PROPERTIES ARE, UH, UH, IN THESE TWO SECTIONS, A AND B, I'VE HIGHLIGHTED THEM, UH, JUST TO MAKE SURE THAT, UH, SO THIS IS THE WHOLE FINAL PLAN THAT WAS APPROVED, AND THESE ARE THE TWO AREAS, UH, UNDER CONCERN.
SO ZOOMING INTO THOSE AREAS, AS YOU CAN SEE, THERE ARE TWO EASEMENTS.
ONE IS THE A HUNDRED FEET ALABAMA POWER EASEMENT, AND THE OTHER ONE IS THE 40 FEET, UH, TUS RIVER ELECTRIC CO EASEMENT.
NOW GOING BACK TO THE MDP THAT WAS APPROVED HERE, IF YOU SEE IT SHOWS THE A HUNDRED FEET ALABAMA RIVER, THE ALABAMA ELECTRIC EASEMENT, BUT DOESN'T SHOW THE TALLUS RIVER, THE 40 FEET EASEMENT.
SO THIS IS WHAT WAS APPROVED EARLIER, AND WHEN WE APPROVED IT, UH, WE WEREN'T AWARE OF THE FORT EASEMENT THAT EXISTED.
SO WE WERE MADE AWARE TO THAT BY THE APPLICANT VERY RECENTLY BEEN APPLYING FOR THE, UH, BUSY VARIANCE.
AND IT WAS ALSO PRESENT IN THE FINAL PLAT OF THE PRESERVE THAT WAS APPROVED BY US WITHOUT THE VARIANCE.
CAN YOU SAY THAT LAST PART AGAIN?
[00:05:01]
YEAH.LIKE THE FINAL PLAT OF THE PRESERVE PLAT SIX, UH, OF THE PRESERVE PHASE SIX, PLAT NUMBER ONE.
SO THIS WAS APPROVED WITHOUT THE VARIANCE, AND THIS IS AN APPROVED PLAN, SO IT'S NOT THAT ANYTHING, UH, WAS WRONG IN IT, AND THE EASEMENT WAS SHOWN IN THIS.
AFTER THIS, THE APPLICATION FOR VARIANCE WAS DONE.
AND, UM, JUST GOING INTO THE SLIDES, THIS IS ONE OF THE LOTS FROM A PREVIOUS PHASE, WHICH HAS SIMILAR SITUATIONS, AND THIS IS THE SITE PLAN THAT WAS APPROVED.
NOW, COMPARING THE AREA, THE ONE AT THE RIGHT IS AN APPROVED SITE PLAN, AND THE BUILDING ALREADY EXISTS.
UH, IT HAS A SQUARE FOOTAGE OF 2,208 SQUARE FEET.
THIS DIDN'T REQUIRE ANY VARIANCE.
THE ONES THAT ARE ON THE LEFT LOT, 1 4 6, AND LOT 1 0 6 ARE TWO OF THE LOTS THAT ARE UNDER VARIANCE IN THE CURRENT SITUATION THAT THEY HAVE REQUESTED FOR.
NOW, THEY HAVE A BILLABLE AREA OF 3,705 SQUARE FEET AND 3,510 SQUARE FEET, WHICH IS, UH, MUCH HIGHER THAN THE BUILDING THAT HAS ALREADY BEEN BUILT.
NOW, AS THE CREEK IS MEANT EXISTED IN 2005, THE 40 FEET EASEMENT HAS EXISTED SINCE 2005.
AND THESE ARE THE DE THAT SAYS SO.
AND THE OWNERS BOUGHT THE PROPERTY KNOWINGLY, AND THERE HAS BEEN NO CHANGE TO THE SETBACK REGULATION SINCE THEN.
THE HARDSHIP IN THIS CASE IS CONSIDERED TO BE SELF-CREATED, AND THE GRANTING OF THE VARIANCE IS NOT NEEDED FOR THE REASONABLE USE OF THE LAND AS A SINGLE FAMILY RESIDENCE CAN BE CONSTRUCTED IN THE CURRENTLY AVAILABLE BILLABLE AREA.
AND NO SITE PLANS HAVE BEEN SUBMITTED TO JUSTIFY THE APPLICATION FOR VARIANCE.
AND I WOULD BE HAPPY TO ANSWER ANY MORE QUESTIONS.
AND THERE WERE SOME, UH, UH, COMMENTS MADE BY THE APPLICANT THAT THERE WERE TOPOGRAPHICAL BARRIERS, BUT ON, UH, VISITATIONS TO THE SITE, NO SUCH TOPOGRAPHICAL BARRIERS WERE FOUND.
IS THERE, IS THERE A, A REASON WHY IT WAS ON ONE PLAT, BUT NOT ON THE OTHER, LIKE ON THE FINAL, LIKE DID WE JUST MISS IT OR LIKE THE, THE MDP WHY WAS NOT ON THE MDP, BUT THEN WAS ON THE FINAL PLAT.
SO THE 40 FEET TRE UH, EASEMENT IS NOT SOMETHING THAT WE HAVE THE RECORDS FOR.
THAT THE PROPERTY OWNER SHOULD HAVE HAD THE RECORD FOR THAT.
SO WHEN WE WERE, UH, WHEN WE APPROVED THE LOT, WE JUST KNEW ABOUT THE A HUNDRED FEET POWER, ALABAMA POWER EASEMENT THAT I THINK WE HAVE INFORMATION ABOUT, BUT WE GENERALLY DON'T HAVE INFORMATION ABOUT OTHER ELECTRIC EASEMENTS THAT EXIST IN OTHER PLACES.
SO THE TUSA RIVER LINES ARE RUNNING PARALLEL TO THE ALABAMA POWER? YES.
IS THAT USUALLY IN THE CENTER OF THE EASEMENT? UM, SO NO.
IF YOU SEE THE YELLOW PART YELLOW MM-HMM.
PART IS THE A HUNDRED FEET ALABAMA POWER EASEMENT AND THE 40 FEET TREK EASEMENT IS ON TOP OF IT.
AND GOING TO THIS WHOLE SIDE PLAN, THIS IS HOW IT GOES.
THE YELLOW IS THE ALABAMA AND THE PINK ONE IS THE TREK.
SO ARE THE POWER LINES OF THE AIR OR IN THE GROUND? IN THE AIR.
BUT THERE ARE POSTS LIKE ON, ON THE TOP OF, I THINK UTILITIES ARE USUALLY CONSTRUCTED IN THE CENTER OF THE EASEMENTS.
THIS MIGHT BE, UM, I DON'T KNOW IF YOU HAVE THE ANSWER.
IS THIS A TYPICAL THING FOR US TO HAVE TWO UTILITY COMPANY EASEMENTS? LIKE NORMALLY ONE UTILITY COMPANY OR A POWER COMPANY WOULD S SERVICE AS A NEIGHBORHOOD? DO WE KNOW THAT WHY THERE ARE TWO? LIKE WHO PROVIDES THE POWER? NO, I MEAN, JUST KIND OF EASEMENTS, EASEMENTS END UP WHERE, WHEN THEY END UP, AND I THINK KIND OF, UM, JUST WITH DISTRIBUTION LINES AND LIKE, YOU KNOW, OVERLAPPING UTILITY, UH, AUTHORITY PLACES.
I MEAN, THINGS LIKE THIS CAN HAPPEN, UM, UNCOMMON.
BUT HAPPENS, BECAUSE THIS IS NEW, THE ALABAMA POWER EASEMENT IS A TRANSMISSION EASEMENT.
UH, UH, TRE HAS SERVICE FOR THIS AREA.
SO THEIRS IS ACTUALLY A DISTRIBUTION LINE.
AND THEY WILL, THEY PURCHASED THEIR POWER FROM OUTBOUND POWER.
[00:10:04]
OKAY.DOES ANYBODY ELSE HAVE ANY QUESTIONS FOR STAFF? OKAY.
AT THIS TIME I WILL OPEN THE FLOOR FOR, UH, ANYONE WHO WOULD LIKE TO MAKE COMMENTS.
AND IF YOU'LL PLEASE SIGN IN BEFORE YOU, UM, APPROACH THE PODIUM.
GO AHEAD AND SIGN IN AS THE APPLICANT FOR THE ENGINEER ON RECORD.
DOES ANYBODY HAVE EVENING? YEAH.
I WORK FOR FLOWERS AND WHITE APPLICANT OF A DEVELOPER ENGINEER.
UM, DON'T DISAGREE WITH ANYTHING THAT WAS SAID TODAY.
UM, THERE'S A COUPLE OF CONSTRAINTS WITH THE RIGHT OF WAY, HOW WE HAD TO TIE IN, UM, ON THE INITIAL, IF YOU CAN GO, IF IT'S OKAY, GO BACK TO EVEN, YEAH.
EVEN THERE THE RIGHT OF, WE HAD A SPECIFICS PLACE WE HAD TO TIE INTO RIGHT OF WAY THAT WAS ALREADY WAS ON, UM, FOREST COVE, WHICH GAVE US CONSTRAINTS BASED ON WHERE THE EASEMENTS WERE, WHERE THE RIGHT-OF-WAYS WERE.
IF YOU GO BACK TO THE ADJACENT PROPERTY OWNER, UM, THEY DON'T SHOW THE 40 FOOT TRACK THERE, WHICH WOULD BE REALLY CLOSE TO THE, TO WHAT WAS DEVELOPED ON THAT PIZZA PROPERTY.
I KNOW THAT WASN'T ALREADY SHOWN BY THE CITY, BUT IT'S NOT SHOWN ON THE, UH, HARDSHIP OF LOT 6 31 THAT'S ALREADY THERE.
SO WHAT WE'RE LOOKING TO DO IS WE HAVE NINE LOTS TO DEVELOP, AND WHAT WE'RE LOOKING TO DO IS MOVE THEM SEVEN FEET CLOSER BETWEEN ME AND HERE, RIGHT? MM-HMM
MOVING SEVEN FEET CLOSER TO KEEP THE SAME PRODUCT ON THE GROUND AS WE MOVE THROUGH.
NOW, AS WE MOVE THROUGH THE CURVATURE, IF, UH, IF YOU DON'T MIND GOING TO THE, WHERE YOU CAN SEE THE LEFT AND THE RIGHT, RIGHT THERE.
SO THIS, WE'VE GOT THE EAST AND THE WEST, THE WEST ON, UH, OH.
DID I RUIN SOMETHING BY TALKING?
AS LONG AS I DON'T HAVE TO START OVER, THIS IS THE ONE, RIGHT? YEAH.
SO ONCE WE GET PAST THESE LOTS, THE FRONT SETBACKS WILL GO BACK TO THE 25 FOOT FRONT SETBACKS, AND ON THE LEFT HAND SIDE, WHICH WILL BE THE WEST SIDE, THEY WOULD GO BACK TO THE 25 FOOT FULL SETBACKS.
UM, SO WHAT WHAT WE'RE TRYING TO DO IS JUST KEEP THE SAME PRODUCT ON THE GROUND AND KEEP IT CONGRUENT AS WE GO THROUGH.
SO, AND BEING TIED TO THESE, UH, THE EASEMENTS AND WHERE THE RIGHTWAY ACTUALLY COMES IN FROM THE EAST ON, UH, FOREST SCOPE, WE HAD TO, THAT'S, THAT'S A CONSTRAINT AS WELL.
SO IF Y'ALL HAVE ANY QUESTIONS FOR ME, COULD YOU SAY THAT AGAIN? THE CUR THE CURVED PART IS, YEAH.
SO WHAT'S IS MORE OF A SETBACK THAN THE NO, SO YOU'RE LOOKING AT LIKE LOOK AT EXHIBIT TWO B AND YOU HAVE LOT 46 THROUGH 50, AND THEN ONCE YOU HIT THE CURVE, IT WOULD GO BACK TO AS YOU'RE GOING FROM THE EAST TO THE WEST, IT WOULD GO BACK TO A REGULAR SETBACK.
THE 25 FOOT SETBACK ON 50 THROUGH 46, WHICH WAS LISTED IN THING AND 1 0 7 THROUGH 1 0 4 WILL BE TAKING SEVEN FEET OFF OF THE FRONT SETBACK, SLIDING THE PROPERTY.
THE BUILDING FRONT SETBACK FORWARD, BUT AFTER IT RE GETS PAST THAT, IT GOES BACK TO THE REGULAR 25.
SO THIS ISN'T AN ENTIRETY OF THE DEVELOPMENT, IT'S JUST THOSE FIVE ON ONE SIDE AND FOUR ON THE OTHER THAT WE'RE LOOKING TO REDUCE THAT.
CAN WE LOOK AT THAT MAKES SENSE? THAT DOES MAKE SENSE.
AND I THINK THAT'S IN OUR PACKET THAT IT'S ONLY JUST NINE LOTS.
IT'S NOT THE ENTIRE PHASE, BUT, UM, CAN WE LOOK AT EXHIBIT EXHIBIT THREE B? BECAUSE ON LOT 6 31 HAD THOSE SAME CONSTRAINTS AND YOU WERE STILL ABLE TO BUILD, BUT WITHOUT NEEDING A VARIANCE.
SO IS THERE A REASON WHY YOU WERE ABLE TO BUILD A THE THAT IS, I DON'T BELIEVE THAT'S OURS.
THAT'S AN ADJACENT PROPERTY OWNER.
[00:15:01]
AND THEN DO YOU HAVE, DO YOU KNOW THAT THIS MAY NOT BE IN YOUR PERMIT? I DID KNOW TO SHOW THE EASEMENT ON THERE AS WELL.DO YOU HAPPEN TO HAVE A SITE PLAN AVAILABLE FOR THESE LOTS? LIKE WHAT YOU'RE JUST SAYING THAT WHAT YOU'RE CURRENTLY BUILDING NOW WILL NOT FIT ON THESE LOTS WITH THE CURRENT CONSTRAINTS, WITH THE EASEMENTS, IS WHAT YOU'RE SAYING? LIKE YOU COULD BUILD A SMALLER FOOTPRINT OF A HOME.
IT WOULD JUST BE NOT, THESE WERE GOING TO BE A LITTLE BIT LARGER HOUSES FITTING ON A CERTAIN FOOTPRINT AND THROUGH THIS AREA RIGHT HERE, IT, THEY WOULD HAVE TO BE RESTRICTED ON SIZE.
BUT YES, THERE'S ALWAYS, OKAY, I MEAN, YOU CAN BUILD ANYTHING ON A LOT, RIGHT? IF IT'S DONE, BUT WE'RE JUST TRYING TO GET THE CONGRUENCY, KEEP IT OUTTA THE EASEMENT OKAY.
SO, AND IT WAS ALWAYS SEVEN FEET.
LIKE I SAID, IT'S BETWEEN ME AND YOU, JUST SEVEN FEET THROUGH THOSE NINE LOTS.
BUT THE, THE 40 FOOT EASEMENT WASN'T KNOWN WHEN THIS WHOLE THING, THIS WHOLE PLOT GOT PLAQUE GOT APPROVED, RIGHT? NO, THE DEVELOPER KNEW ABOUT IT.
I MEAN, THE PLOT'S BEEN, I MEAN, IT'S BEEN, YEAH, YEAH, YEAH.
SO, SO IT'S BEEN, IT'S BEEN APPROVED AND IT'S BEEN, YEAH.
SO THE, SO THE MDP AT THE TIME OF MDP, THE ADDITIONAL EASEMENT, UH, IS NOT ON THERE, BUT AT THE TIME OF THE FINAL PLOT BEING RECORDED, THE EASEMENT WAS BOTH EASEMENTS WERE KNOWN OF.
AND SO THEN I, I GUESS YOU WERE TO GO TO THE OTHER SIDE.
UM, I GUESS LIKE NOT THE OTHER SIDE.
I MEAN THE, UM, IF YOU GO TO THE ACTUAL EASEMENT, UH, AND THE NAME SIGN IN IT, THE PROPERTY OWNERS, I GUESS THIS WOULD'VE BEEN THE CURRENT, UH, I WANNA SAY K J'S DAD SIGN THIS.
UM, UH, HONESTLY, I DON'T KNOW.
SO, SO, SO YEAH, SO IF YOU READ IT, UM, YEAH, LIKE IT'S THE PROPERTY OWNERS THAT THEY GRANTED IT.
SO, UM, THAT'S WHERE, THAT'S WHERE WE'RE AT ON IT.
I MEAN, IT, IT COULD HAVE BEEN ACCOMMODATED FOR JUST KIND OF IN THE MVP PROCESS.
SO WE'RE JUST COMING TO THE FINAL PLAT, BUT THAT'S THE, THE, THE, IT'S BEEN RECORDED.
EVERYTHING'S BEEN RECORDED THE SAME.
WELL, WHAT WE'RE ASKING FOR IS FOR A VARIANCE FOR NINE LOTS, JUST TO SCOOT THE HOUSES JUST TO GET SEVEN FEET, WHICH AS YOU'RE COMING AROUND THE CORNERS WHERE THEY WOULD ALL LINE UP, THAT'S WHAT WE'RE ASKING FOR.
SO NOT THE ENTIRETY OF THE PROJECT, JUST THESE SPECIFIC LOTS WITH THE EASEMENTS.
DOES ANYONE ELSE HAVE ANY QUESTIONS? OKAY.
IF I COULD ADD JUST ONE THING CONCERNING THE, IF THE BETWEEN LOTS 1, 1 0 7 AND 1 46 IS PROPERTY THAT'S OWNED BY ANOTHER DEVELOPER IS ACTUALLY NOTED ON ONE OF THE PLANS, BUT IT'S, THE PRESERVE WAS PURCHASED BY MULTIPLE DEVELOPERS, SO SOMEONE ELSE THAT HAS PLANS TO BUILD ALONG THAT SAME STREET WITH THOSE SAME EASEMENTS, IS THAT THE PART THAT'S ON THIS EXHIBIT TWO A THAT'S SORT OF NOT FILLED IN? YES.
YOU MEAN THIS GAP RIGHT HERE? MM-HMM
SO IF THIS IS GONNA BE DEVELOPED THROUGH HERE, THAT'S CORRECT.
ANOTHER DEVELOPER PURCHASED THAT PROPERTY AND SO THAT WOULD BE WHERE WE WOULD LOOK AT THE MDP, CORRECT.
BUT I MEAN, I, I GUESS LIKE THE MDP JUST KIND OF DOESN'T REALLY DETERMINE, UH, LIKE IT DETERMINES SPACING AND WHAT CAN BE BUILT ON LOTS, BUT REALLY JUST KIND OF FROM LIKE A SINGULAR USE STANDPOINT.
SO I MEAN, SINGLE FAMILY HOUSES, SO THAT, THAT'S ONE, THAT'S WHAT'S GONNA GET BUILT TO SINGLE FAMILY HOUSE.
NOW WE'RE READY TO, IS THERE ANYONE, UH, WHEN NOW WE'RE READY TO OPEN THE PUBLIC HEARING, SO IF THERE'S ANYONE WHO WOULD LIKE TO SPEAK, UM, ON THIS VARIANCE? OKAY.
HEARING NONE, WE'LL CLOSE THE PUBLIC HEARING AND WE'LL OPEN FOR BOARD DISCUSSION.
I DON'T EVEN KNOW WHERE TO START WITH THIS ONE,
SO MY COMMENT WOULD BE THE, YOU KNOW, WE'RE TRYING TO AVOID INCONGRUENCE ON THAT, BUT IT SEEMS LIKE WE'D ALSO CREATE INCONGRUENCE IF SOME HOUSES ARE MOVED UP.
I KNOW SEVEN FEET IS NOT A LARGE AMOUNT, BUT IF YOU'RE GOING, YOU KNOW, WHENEVER YOU'RE DRIVING DOWN A ROAD, IT DOES MAKE A DIFFERENCE WHEN YOU SEE HOUSES BUMPED UP AND PUSHED FURTHER BACK.
SO, UM, THAT WOULD BE MY COMMENTS ON IT.
AND THE FACT THAT WE DID KNOW ABOUT THE EASEMENT, IT, IT, I AGREE WITH STAFF.
IT IS A DO I DO WANNA ASK THIS QUESTION.
DO WE GET ANY, UM, COMMUNICATIONS FROM ANYONE ON THIS CASE? DO WE RECEIVE ANY COMMUNICATION? OKAY.
UM, YOU KNOW, I THINK THE LOTS ARE STILL BUILDABLE.
AND IF WE LOOK AT, YOU KNOW, HOW WE GRANT A VARIANCE, UM, IT STILL PERMITTED USE, YOU KNOW, WE WERE JUST REDUCING THE BUILDING, UH, ENVELOPE AREA, BUT IT STILL ALLOWS FOR THE, WHAT THE, THE REASONABLE USE OF THE LAND.
ARE THERE SIDEWALKS IN FRONT OF IT? IN FRONT OF THE HOUSES? OH YEAH.
I, YEAH, SO, SO PRETTY MUCH ALL, ALL THE NEW DEVELOPMENTS, THEY'LL
[00:20:01]
HAVE TO HAVE SIDEWALKS.THAT, THAT WILL HAPPEN BECAUSE IF THEY'RE CLOSER IN THE BEND, IS IT GONNA BE LIKE HARD TO SEE? NO, NO, NO.
SO, SO, SO, SO, YEAH, SO SITE DISTANCE WOULDN'T BE AN ISSUE ON A LOCAL RESIDENTIAL STREET LIKE THIS.
UM, I THINK EVEN IF, IF SITE DISTANCE WAS A CONCERN JUST FROM TURNING OUT OR ANYTHING, UM, THERE PROBABLY WOULDN'T BE ABLE TO BE HOUSES ON THE STREET.
SO THIS IS A LOCAL RESIDENTIAL, UH, THAT, THAT'S NOT A CONCERN AT ALL.
YEAH, I'M, I'M HAVING A HARD TIME SINCE THEY, YOU KNOW, KNEW ABOUT THAT EASEMENT THERE.
EVEN IF IT WAS NOT ON ONE PLAT, IT WAS ON THE FINAL PLAT, UM, FOR THIS DEVELOPER.
AND THEN ALSO BECAUSE IT, THE REST OF THAT STREET SHOULDN'T HAVE ANY BEARING ON IT, BUT IT WILL BE READ, YOU KNOW, DEVELOPED AS WELL.
I, AND DO WE ANTICIPATE THAT THEY'RE GONNA HAVE PROBABLY THE SAME ISSUES WHEN IT COMES TO IT? IS IT JUST THE BEND IN THE STREET THAT'S CREATING THAT AND THAT'S WHAT NO, I DON'T, I DON'T THINK SO.
I THINK KIND OF LIKE, LIKE THE APPLICANT MENTIONED, I THINK IT'S MORE JUST PROBABLY A PREFERENCE, JUST KIND OF FOR SOMETHING THAT THEY WANT TO DO.
UH, LIKE I SAID, WE HAVEN'T HAD THIS REQUEST FOR OTHER PLACES IN THE EASEMENT.
UM, THAT, AND I GUESS SAID THEY'RE CURRENTLY WORKING ON IT NOW.
LIKE I SAID, IF IT WERE TO COME UP, I, I DOUBT IT.
SO ANY OTHER COMMENTS? IS THE SEVEN FEET AS WHAT THE ISSUE IS, MAYBE IT WAS TWO FEET, WOULD IT BE MORE, UM, ACCEPTABLE, PALATABLE? UH, I, SO I WOULD SAY FROM US, I MEAN, IF IT WAS SOMETHING THAT WAS GONNA BE AN ISSUE, UH, THEY COULD HAVE PLOTTED IT DIFFERENTLY, LIKE I SAID.
SO LET'S SAY HOW THE MDP WORKS, THE MDP IS KIND OF THE OVERARCHING GUIDING DOCUMENT FOR THIS DEVELOPMENT.
SO IT'S FROM A USE STANDPOINT, EVERYTHING'S COOL, ROADS, EVERYTHING'S COOL.
AS LONG AS THERE IS A MAJOR DEVIATION.
IF YOU WERE GONNA SWAY THE ROAD TO SAY, HEY, I THINK WE NEED TO ACCOMMODATE THIS EASEMENT HERE, KIND OF PUSH THESE UP A LITTLE FARTHER NORTH, I THINK WE CAN DO THAT AND MAKE THESE LOTS TO THE NORTH SIDE OF THE SMALLER TO THE WEST SIDE OF THE SMALLER TO ACCOMMODATE MM-HMM
THIS SWAY AND THE EASEMENTS, THEN THEY COULD HAVE DONE THAT.
SO, LIKE I SAID, I MEAN, I MEAN THERE, THERE, THERE IS A WAY TO ACHIEVE THIS.
I GUESS THEY, THEY'D HAVE TO LIKE REPL THAT, AND I, I GET THAT'S, IT'S NOT AS EASY AS JUST SAYING IT, BUT I MEAN THERE, THERE ARE, THERE WAS SOME FORETHOUGHT THAT COULD HAVE BEEN PUT IN AS FAR AS LIKE JUST RE PLATING IT AND GETTING IT DONE TO ACCOMMODATE THE EASEMENTS, UM, EVEN OF THE SEVEN FEET.
SO JUST WHOEVER'S DEVELOPING IN BETWEEN THESE TWO SETS OF LOTS IS GONNA HAVE THE SAME PROBLEM.
AND YOU'RE GONNA HAVE NINE HOUSES PUSH FORWARD IF THEY DON'T HAVE THE SAME PROBLEM, THEY BUILD A DIFFERENT PRODUCT, SMALLER HOUSE.
ARE WE, DO WE THINK WE'RE READY TO CALL FOR A VOTE? MM-HMM
UM, I WILL, BECAUSE WE ARE GONNA DO THIS, I WILL, UM, MAKE A MOTION TO APPROVE, UH, SORRY.
BZ 2 0 2 5 B 2 0 2 5 0 2 0 0 2.
[OTHER BUSINESS ]
THERE ANY OTHER BUSINESS? NO, JUST, UH, THANKS FOR SERVING.UH, WE, WE, WE ALREADY KNOW, UH, WE WILL HAVE A VARIANCE.
WE WILL HAVE A BZA CASE FOR NEXT MONTH AS WELL.
WELL THEN I WILL, HAVING NO FURTHER BUSINESS, I WILL ADJOURN THIS MEETING.