[00:00:05]
GOOD AFTERNOON. I CALLED THE BZA MEETING FOR THE MONTH OF SEPTEMBER TO ORDER AT 4:30 P.M..
I GOT TO DO A ROLL. YEP. ALL RIGHT. WELL. FAULKNER HERE.
[ROLL CALL ]
MARY BOYD HERE. AMY SORRELS HERE. LETICIA SMITH HERE.MARTY HEFFRON HERE. ELIZABETH STRAND. CHARLES DANBURY JR.
HERE. ALL RIGHT. OKAY. SO THE MEETING MINUTES FROM THE LAST MEETING WERE SENT OUT.
[APPROVAL OF MINUTES]
DO WE HAVE ANY ADDITIONS? CORRECTIONS? MOTION TO APPROVE.SECOND. WILL FAULKNER? YES. MARY. BOYD. YES. AMY.
SORRELS. YES. LETICIA. SMITH. YES. MARTY. HEFFRON.
YES. ALL RIGHT. MY CHAIRMAN'S OPENING REMARKS.
[CHAIRMAN’S OPENING REMARKS]
ANY PERSONS AGGRIEVED BY ANY DECISION OF THE BOARD MAY, WITHIN 15 DAYS AFTER SUCH DECISION, APPEALED TO THE CIRCUIT COURT. HAVING JURISDICTION ACCORDING TO SECTION 908.02 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 VOTE, AND A CONCURRING VOTE OF FOUR MEMBERS IS REQUIRED TO APPROVE AN APPLICATION FOR A VARIANCE. THANK YOU. OKAY.
[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]
SO OUR FIRST. ITEM UP IS BZ 2025 0043 47 FRAZIER STREET.TOO TALL. ALSO, MY NAME IS CHRIS POFF. I'M ONE OF THE NEW PLANNERS.
IT'S LIKE EVERY TIME WE MEET, THERE'S A NEW PLANNER, SO I REALIZE THERE'S A NEW FACE.
IT'S NICE TO MEET Y'ALL OFFICIALLY. SO. ALL RIGHT, SO HERE WE GO.
ALL RIGHT, SO WE HAVE NEW BUSINESS. SO THIS CASE BZ 2025004 IS A REQUEST FOR A VARIANCE OF SEVEN FEET ONE INCHES TO THE REQUIRED 20 FOOT SETBACKS.
AND TO ALLOW 48FT, 0.92IN LOT WIDTH TO THE REQUIRED 60 MINIMUM LOT WITH THE ZONING ORDINANCE FOR THIS PARTICULAR PARCEL IS CORRIDOR REDEVELOPMENT DISTRICT WEST.
SO CRD THE ZONING ORDINANCE IN QUESTION, TABLE FIVE ONE, WHICH IS LABELED LOT AREA SETBACKS, MAXIMUM IMPERVIOUS SURFACE AND PARKING REQUIREMENTS FOR CONVENTIONAL SUBDIVISIONS IN THE CITY OF AUBURN.
ZONING ORDINANCE REQUIRES LOTS WITHIN THE CRD ZONE TO HAVE REAR SETBACKS OF NO LESS THAN 20FT AND LOT WIDTH OF 60FT, AND THE PROPERTY IS LOCATED AT 37 OR 347 FRAZIER STREET.
THE APPLICANT IS WILLING NEIGHBORS. SO KIND OF JUST AN OVERVIEW OF THIS PROXMAP YOU CAN SEE KIND OF HIGHLIGHTED IN THIS LITTLE AREA RIGHT HERE IS THE SUBJECT PROPERTY.
THE SURROUNDING AREA TO THE NORTH, SOUTH AND WEST IS CRD.
THE ZONING EAST OF IT IS NEIGHBORHOOD REDEVELOPMENT DISTRICT AS WELL AS CRD.
KIND OF JUST GIVING YOU AN OVERVIEW OF THE AREA.
SO. SO THIS IS KIND OF JUST AN OVERVIEW OF THE PROJECT RIGHT HERE.
THIS HOUSE WAS BUILT PRIOR TO 1950. SO THAT'S WHAT OUR RECORDS SAY.
AND THE ZONING ORDINANCE FOR THE CITY OF AUBURN WAS ENACTED AND PUT INTO PLACE AROUND THE 1980S.
THE APPLICANT IS PROPOSING TO BUILD. YOU CAN KIND OF SEE THESE TWO ORANGE CIRCLES.
SO IT'S KIND OF IN THE NEARBY AREA. HE'S ALSO PROPOSING THIS IS PRETTY CRITICAL TO DEMOLISH THE CURRENT RESIDENCE AND PUT ONE OF THESE TYPES OF HOUSES THAT HE'S PROPOSING RIGHT HERE. SO THIS IS THE CURRENT FLOOR PLAN THAT WAS SUBMITTED TO US.
IT'S SUBJECT TO CHANGE, BUT THIS IS WHAT I'VE SUBMITTED.
[00:05:01]
KIND OF JUST MIMICS THE STYLE OF KIND OF THE PREVIOUS HOUSES THAT, YOU KNOW, YOU CAN KIND OF LOOK AT ON THE STREET.THE LAYOUT OF THE HOUSE IS A FIVE BEDROOM, FOUR AND A HALF BATH.
SO THAT IS THE JUST KIND OF LAYOUT OF IT. YOU CAN SEE THERE IS A FIRST, SECOND AND THIRD FLOOR.
THE THIRD FLOOR IS WHERE ALL THE BEDROOMS ARE. THAT IS NOT THE MASTER BEDROOM.
IT IS LOOKING AT BUILDING A 650 SQUARE FOOT HOUSE THAT WILL BE DEMOLISHING THE CURRENT PROPERTY.
SO AND THEN KIND OF JUST LIKE A GRAVEL DRIVEWAY IN THE FRONT.
SO THAT IS SOMETHING WORTH NOTING. HOW MUCH IS IT? WAS THAT IN OUR NOTES? IT WAS. AND I WAS GOING TO ASK THAT QUESTION AS WELL.
HOW MUCH IS THE DIFFERENCE IN THAT? RIGHT. SO YOU'RE LOOKING AT A 0.13 DIFFERENCE.
SO CURRENT ISR IS AT 0.48. MAXIMUM ISR ALLOWED IS 0.35.
YEAH. AND THIS IS KIND OF JUST TABLE 5.1. THIS IS THE WHOLE KIND OF TABLE WE'RE LOOKING AT.
AND THE APPLICANT IS PROPOSING VARIANCES FOR.
IF YOU CAN PAY ATTENTION TO THE LESS THAN 10,000 SQUARE FOOTAGE ROW RIGHT HERE, SINCE THE LOT IS ABOUT 8500 SQUARE FOOTAGE OF AREA, IT HAS TO GO BY THESE, YOU KNOW, LOT AREA SETBACKS AND MINIMUM STANDARDS WE HAVE IN OUR ZONING ORDINANCE.
SO YOU CAN SEE THE LOT WITH MINIMUM IS 60FT. THE APPLICANTS LOT WIDTH IS CURRENTLY 48.92FT.
YOU CAN ALSO SEE THAT THE MINIMUM REAR SETBACKS IS 20FT, AND CURRENTLY THE APPLICANT IS REQUESTING A VARIANCE FOR 7.1FT INSTEAD OF THAT 20. AND KIND OF JUST LOOKING AT TABLE FIVE TWO.
THIS IS OUR SETBACKS AND REGULATIONS FOR NC. YOU CAN SEE THAT SINCE THIS AREA IS CRD, IT DOES NOT KIND OF GO ALONG WITH SOME OF THE NC STANDARDS THAT WE HAVE.
BUT THESE ARE JUST AN EXAMPLE TO SHOW Y'ALL WHAT WE DO HAVE FOR NC ZONING.
WE DO HAVE ANOTHER EXHIBIT RIGHT HERE WHICH IS EXCEPTIONS FOR RESIDENTIAL SETBACKS.
IF YOU WANT TO PAY ATTENTION TO POINT NUMBER ONE, WHICH IS FRONT AND REAR YARD SETBACKS FOR EXISTING NON-CONFORMITIES, WHICH THIS LOT IS CURRENTLY FOR SINGLE TWO, THREE OR MULTI-FAMILY FAMILY DWELLINGS.
THEY MAY EXTEND THE FIVE FEET INTO THE REQUIRED FRONT OR REAR SETBACK FOR THE NONCONFORMING PART, WHICH IS WHICHEVER IS LESS. SO UNFORTUNATELY, IF YOU HAD FIVE FEET TO THE VARIANCE REQUEST, IT ONLY HITS ABOUT 12.1 INSTEAD OF 7.1FT, SO IT DOESN'T HIT THAT 20FT MINIMUM.
AND THEN LOOKING AT EXHIBIT EIGHT, WHICH IS RIGHT HERE.
THIS IS LIMITS ON EXPANSION FOR NON LEGAL NONCONFORMING USES.
IF YOU WANT TO PAY ATTENTION TO POINT NUMBER ONE RIGHT HERE, THE AREA OF SUCH EXPANSION SHALL NOT EXCEED 25% OF THE AREA OF THE EXISTING NONCONFORMING USE OR STRUCTURE UNLESS OTHERWISE ALLOWABLE IN THIS SECTION.
AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU ALL HAVE.
JUST ONE BY THE PROPERTY OWNER, ONE BY NEARBY OWNERS AS WELL.
JUST VOICING THEIR CONCERNS. CAN YOU SHARE THOSE CONCERNS WITH US? YEAH, I GUESS I'LL I'LL ANSWER THAT. SO, SO SO SO I GUESS BECAUSE WE'VE HAD WE'VE HAD OPPOSITION FROM NEIGHBORS.
WE'VE HAD OPPOSITIONS FROM, FROM, I GUESS COMMERCIAL BUSINESS OWNERS OVER THERE RESIDENTIAL NEIGHBORS OVER THERE WHO'VE BEEN CONCERNED JUST KIND OF SPEAKING IN OPPOSITION TO THE VARIANCE. I IMAGINE THEY'LL PROBABLY SPEAK AT THE PUBLIC HEARING, BUT WE'VE HAD I THINK GENERALLY SPEAKING, JUST I THINK THE SENTIMENT HAS BEEN IF THEY ARE GOING TO REDEVELOP THE LOT, THEY WOULD LIKE THE RULES TO BE FOLLOWED AND NOT VARIANCE GRANTED FOR THEM TO DO SOMETHING LIKE THIS. I DON'T HAVE ANOTHER QUESTION AND I MAY WAIT UNTIL THE APPLICANT SPEAKS. HOWEVER, I NOTICED THAT THE APPLICANT STATED THAT THAT A DWELLING COULD NOT BE BUILT ON THE PROPERTY WITHOUT THE VARIANCE.
[00:10:07]
IS THAT CORRECT? YES, MA'AM. THAT'S CORRECT. AND I GUESS THAT'S THAT'S A PRETTY BIG DISTINCTION.SO, SO I GUESS KIND OF THE POINT OF KIND OF THE EXHIBIT, I GUESS SIX THROUGH EIGHT IS REALLY KIND OF TALKING THROUGH WHAT THE, WHAT PROVISIONS THERE ARE FOR PEOPLE WHO WANT TO EXPAND NONCONFORMITIES AND REDEVELOP THEM AND THE POINT OF THE VARIANCE AND I GUESS KIND OF WHERE THE VARIANCE KIND OF KICKS IN, ISN'T THAT, YOU KNOW, THE CURRENT HOUSE IS UNLIVABLE OR ANYTHING.
IT'S THAT TO BUILD SOMETHING NEW THAT THEY NEED THE VARIANCE AND SO SHOULD THEY TEAR THE HOUSE DOWN.
THEN THE SETBACKS WOULD THEN HAVE TO ALL BE APPLIED, AND THAT'S WHAT THEY NEED THE RELIEF FROM.
AND SO IF THEY WERE TO SELL THE HOUSE, SOMEONE LIVING IN THE HOUSE AS IS LIKE WHATEVER THE BEDROOM AND THE BEDS, BEDROOMS, BATHROOMS MAY BE OR, YOU KNOW, IF THEY WERE GOING TO TAKE ADVANTAGE OF THE EXPANSION THROUGH THE NONCONFORMITIES, WHATEVER THAT RENOVATION WOULD ALLOW THEM, THEN THAT THAT'S WHAT THEY WOULD HAVE. THEY WOULD NEED A VARIANCE TO DO ANY OF THOSE THINGS. BUT IF THEY'RE GOING TO DEMOLISH THE CURRENT HOUSE, THEN THE SETBACKS WOULD THEN APPLY TO THIS LOT.
THERE IS NO SUBDIVISION ASSOCIATED WITH THIS.
THERE IS NO ANNEXATION ASSOCIATED WITH THIS. THIS IS ALL OLD ORIGINAL AUBURN, PRETTY MUCH.
AND SO WE COULDN'T GO BACK TO HOW THIS LOT GOT HERE WHEN THIS HOUSE GOT HERE.
SO. YEAH. OKAY. OKAY, SO I DO HAVE A QUESTION ABOUT THE PICTURE THAT WE SHOWED ON EXHIBIT ONE. SO WHEN WE SUBJECT THAT TO THE I'M JUST I'M TRYING TO GET MY BEARINGS TO SEE WHERE THESE MATCH.
SO THE ONES THAT HAVE BEEN REDEVELOPED, THESE LARGE WHITE FIVE, FIVE, FOUR, FOUR STRUCTURES, THOSE WERE IN NRD. YEAH. AND SO I GUESS WE COULD GO TO THE PROXMAP.
AND SO IN NRD, WE'VE KIND OF GONE BACK, BACK AND FORTH WITH THIS.
INITIALLY ADUS WERE NOT ALLOWED. AND SO I GUESS THERE'S THE IMPORTANCE OF THE FLOOR PLAN, IS THAT THE COMMON SPACE AND THE OPEN SPACE, THE COMMON SPACE AND THE PUBLIC, OR THE COMMON SPACE AND THE PRIVATE SPACE.
SO WHAT THAT TRANSLATES TO IS PRIVATE SPACE IN AND HOMES THAT WE REGULATE IN THE CITY OF AUBURN IS PRIVATE BEDROOMS AND PRIVATE BATHROOMS WITHIN THOSE BEDROOMS. AND SO THAT EQUATES TO PRIVATE SPACE. AND SO IF THERE'S A MORE IF THERE'S GREATER THAN 50% PRIVATE SPACE IN A WHAT LOOKS LIKE A HOUSE, IT IS AN AN ADU, WHICH IS AN ACADEMIC DETACHED DWELLING UNIT.
SO THAT'S NORMALLY WHEN YOU SEE THE FIVE BEDS, FIVE AND A HALF BATHS KIND OF DEAL LIKE, YOU KNOW, AND THEY'LL ALL HAVE THEIR OWN BEDROOM WITHIN THEM. AND SO WHAT YOU END UP WITH IS, YOU KNOW, THE 60% PRIVATE SPACE.
AND SO TO QUALIFY AS A SINGLE FAMILY HOME, YOU MUST BE GREATER THAN 50% COMMON SPACE.
AND SO WHAT THEN? SO THAT WAS A BIG POINT OF CONTENTION.
THEY SUBMITTED A REVISED SITE PLAN THAT OPENED UP SOME OF THE BEDROOMS AND TOOK SOME OF THE BATHROOMS OUT OF THOSE BEDROOMS. THAT WAY THEY CAN MEET THE RATIO. AND SO THAT IS HOW THEY QUALIFY AS A SINGLE FAMILY HOME.
NOW, TO GET TO THE ZONING, LIKE I SAID, WE WENT BACK AND FORTH ABOUT OUR ADUS ALLOWED AND NRD, AND IT WAS SOMETHING THAT THEY WERE INITIALLY.
AND THEN SAME THING IN CRD W WHERE ADUS ARE NOT ALLOWED.
SO THAT'S A USE VARIANCE. AND SO THAT'S WHY THEY HAD TO CHANGE THE FLOOR PLAN.
AND SO THE CRD W SO THE SHORT ANSWER IS THAT THOSE WERE DEVELOPED IN NRD AT A TIME WHEN ADUS WERE ALLOWED, EVEN THOUGH LIKE FROM THE OUTSIDE, THEY LOOKED TO BE THE SAME. THE FLOOR PLAN IS NOT.
AND SO I DO WANT TO MAKE THAT DISTINCTION. WHAT IS WHAT WHAT WHAT MR. NEIGHBORS IS PROPOSING TO BUILD WOULD QUALIFY UNDER OUR ORDINANCE AS A SINGLE FAMILY HOUSE. AND WHAT WAS REDEVELOPED ON THOSE OTHER LOTS WOULD QUALIFY AS ADUS, AND THOSE ARE NOT ALLOWED IN CRD. THE ZONING WAS IS OKAY TO BE BUILT.
IT'S JUST THE VARIANCE ON THOSE SETBACKS. YES.
AND I GUESS KIND OF THE THE POINT OF KIND OF THE ZONING ORDINANCE AND I GUESS KIND OF KIND OF WHERE, WHERE WE COME DOWN FIVE, FIVE BEDS, FOUR AND A HALF BATHS OR FIVE BEDROOM HOUSE DOES NOT FIT ON EVERY SINGLE LOT LIKE DIFFERENT LOTS HAVE DIFFERENT SIZES.
I GUESS FROM FROM FROM A PERSONAL ASIDE, WHEN I LIVE, MY FIRST HOUSE OUT OF GRAD SCHOOL WAS ONE BED, ONE BATH, 680 SQUARE FOOT, YOU KNOW, HOUSE, STANDALONE HOUSE.
[00:15:01]
AVAILABLE, JUST KIND OF HOUSING TYPOLOGY. AND I GUESS THE STRINGENT SETBACKS AND LIKE, THE CHARACTER OF CONVENTIONAL CONVENTIONAL SUBDIVISION REGS WOULD APPLY SHOULD THE HOUSE BE TORN DOWN.WOULD KIND OF BE THE POSITION OF THE ZONING ORDINANCE ON IT. WHEN DID THE N.R.A.
WAS IT REVISED TO NOT ALLOW THE ADUS? DO YOU REMEMBER THERE WAS A BIG BOOM IN THOSE COMING UP? AND THEN WHEN DID WE REVISE IT? WAS THAT A RECENT CHANGE OR. YEAH, I WOULD SAY THAT WAS RELATIVELY RECENT. OKAY. I DID NOT REALIZE THAT OKAY.
I DON'T HAVE ANY QUESTIONS AT ALL. NOT RIGHT NOW.
YEAH. ANY MORE QUESTIONS? OKAY. WE WILL NOW OPEN THE PUBLIC HEARING IF ANYONE WANTS TO SPEAK.
OR THE APPLICANT. WAIT. I'M SORRY. OH, NO. NO.
OKAY, SO PUBLIC HEARING IS OPEN SO PEOPLE CAN TALK.
OKAY. YEAH. YOU'RE GOOD. VERY GOOD. YEAH. JUST MAKE SURE YOU SIGN IN AFTER YOU SIGN IN. OKAY.
THANK YOU. MY NAME IS LINDA SAXTON. I'M THE OWNER OF DAYS HAIR SALON ON 316.
FRASER. AND. I HAVE WHEN THEY DID MY BUILDING, THEY DID PARKING INSIDE AND OUT. SO THAT'S PART OF THE STREETS ARE PARKING AND ONE SIDE IS NOT PARKING.
SO WITH THAT MANY BEDROOMS, WHERE ARE THE PEOPLE GOING TO PARK? WHERE ARE YOU GOING? TO HAVE TO STEP BACK. IT'S ABOUT, WHAT, 3000 SQUARE FOOT OF THAT HOUSE OVER THERE ON THAT LAND? SO I DON'T SEE WHY. YOU CAN HAVE FIVE BEDROOM AND PARKING.
SO I DON'T NEED THAT FRICTION TO COME TOWARDS MY BUSINESS.
I'M NOT TRYING TO STOP PROGRESS, BUT I JUST NEED MY CLEARANCE.
ARE YOU LOCATED NEXT DOOR TO THIS PROPERTY OR RIGHT ACROSS THE STREET? OKAY, OKAY. NEXT TO THE LARGE. SO IF YOU ALL, YOU KNOW, COME.
IF YOU WANT TO GO THERE AND YOU CAN SEE IT, YOU CAN TALK TO VETERANS ON THE, YOU KNOW, MAKE IT LOOK GOOD AND STUFF LIKE THAT, BUT GO AND SEE FOR YOURSELF, BECAUSE IN BACK OF HER HOUSE MISS VERA COLLINS, HER PROPERTY IS BACK OF THE HOUSE AND RUN IN THE BACK. IT'S JUST LIKE A LITTLE SQUARE. SO IT'S LIKE 50 BY 60.
50 IN THE FRONT, 60 ON BOTH SIDES AND 50 IN THE BACK.
SO IT'S VERY SMALL. THANK YOU. THANK YOU. THANK POINTS ZERO SIX.
OKAY. MY NAME IS VERA COLLINS AND I'M A STAY AT 351 FREDERICK STREET RIGHT NEXT DOOR.
TWO 347. AND IT'S JUST GOING TO BE A PROBLEM OF BLOCKING SO CLOSE TO MY HOME AND WHERE I THINK THEY'RE GOING TO HAVE FROM 20 TO 60, FROM 7.1 TO 40 8.9 TO 2, IT'S GOING TO BRING THEIR UP THEIR PROPERTY SO CLOSE TO MINE.
THAT'S WHERE MY BEDROOM IS SITTING AND I'M ALREADY HAVING A PROBLEM OF KEEPING THE YARD UP.
SO IF THEY BRING THE HOUSE THAT CLOSE, THEY'RE NOT GOING TO BE ABLE TO DO THE HOUSE.
AND THAT MEANS YOU CAN BE LOOKING DOWN INTO MY BEDROOM KITCHEN, EVEN IF I SIT ON MY PORCH.
THAT HAS THE WHOLE THING. AND AGAIN, IT'S ABOUT PARKING RIGHT NOW.
YOU CAN'T GET FROM ONE CAR IN THE PARK. AND LIKE I SAID, WE KNOW WE'RE PARKING ON ONE SIDE, BUT YET STILL, FOR FIVE PEOPLE, THAT'S GOING TO BE A PROBLEM.
IT'S ALREADY A PROBLEM WITH THE OTHER SURROUNDING.
AND THIS IS JUST GOING TO ADD MORE. AND I'M RIGHT NEXT DOOR TO HER.
SO I'M JUST ASKING PLEASE DO NOT HAVE IT TO BE REZONED.
JUST STAY AS IT IS. THANK YOU. THANK YOU.
HELLO. HOW YOU DOING? MY NAME IS JOHNNY RICHARDSON.
I LIVE AT 313 FRAZIER STREET. AND THE PROPERTY THAT THEY BOUGHT, THAT THAT DRIVEWAY IS
[00:20:06]
A PART OF MY PROPERTY. AND I HAD A SURVEY, AND THEY PULLED THE STAKES OUT OF THE GROUND, AND I CALLED THE COURTHOUSE. THE MAN CAME DOWN AND SEEN IT.HE TOLD ME TO TAKE THE FENCE DOWN. I'M 60 SOMETHING YEARS OLD.
HOW CAN I TAKE DOWN SEVEN YARDS OF FENCE, YOU KNOW, AND THEN THEY HAVE A DRIVEWAY WAY ON MY PROPERTY, PUT A DRIVEWAY WITHOUT MY PERMISSION, AND I FEEL LIKE THEY'RE TAKING ADVANTAGE OF ME AND MY PROPERTY.
THE PEOPLE THAT STAY THERE. AND WHEN I CALLED THE POLICE AND I WENT, I CALLED THE COURTHOUSE.
THE COURTHOUSE CAME DOWN. HE TOLD ME TO MOVE THE FENCE, BUT IT'S NOT MY DUTY TO MOVE A FENCE.
SOMEBODY ELSE PUT UP, YOU KNOW? AND I JUST GET TO RUN AROUND.
WHEN I ASKED, I SAID WHEN I GOT IT SURVEYED. ISN'T AGAINST THE LAW FOR THEM TO PULL THE STAKES OUT OF THE GROUND AND NOBODY GIVE ME AN ANSWER, I JUST EVERY TIME I ASK, I GET THE RUNAROUND.
TELL ME, MOVE THE FENCE. IT'S YOUR FENCE. YOU CAN MOVE IT ANYTIME YOU WANT TO.
I SAID, I'M GONNA GET OUT THERE AND MOVE ALL THAT FENCE BY MYSELF. YOU KNOW, I'M 67 YEARS OLD.
I CAN'T GET OUT THERE AND MOVE ALL THAT FENCE.
THEY DON'T DUG HOLES IN THE GROUND AND PUT CEMENT AND EVERYTHING ELSE, AND I GOTTA MOVE ALL THAT STUFF, YOU KNOW? AND I TRY TO. AND I HAVE THE STAKES IN THE GROUND SHOWING THEM THAT'S ON MY PROPERTY.
AND I SAID, I JUST ASK Y'ALL TO MOVE THAT STUFF OFF MY PROPERTY.
AND EVERY TIME I ASK THEM PERSONALLY, I GET ARGUMENT AND FUSSING.
AND BUT NO, I DON'T WANT THAT THING BUILT ON THE SIDE NEXT TO ME.
I'M A 313 FRAZIER STREET. AND WHERE ARE YOU IN RELATION? ARE YOU ACROSS THE STREET FROM US? NO, I'M NEXT DOOR.
NEXT DOOR? OKAY. AND CAN WE GET SOME CONTEXT ABOUT MR. RICHARDSON COMMENTS ABOUT THE SURVEY? CAN YOU KIND OF PUT THAT IN CONTEXT? YEAH, I GUESS IS THIS KIND OF FIRST, FIRST I'VE HEARD OF IT, BUT YEAH, WE CAN ADDRESS EVERYBODY'S COMMENTS KIND OF ONCE THE PUBLIC HEARING IS CLOSED.
ALL RIGHT. OKAY. THANK YOU. THANK YOU. HEY, I'M ELIZABETH HILL. I'M AT 274 BRAGG AVENUE, WHICH ACTUALLY SITS VERY ON THE CORNER OF BRAGG AND FRASER.
SO I'M OPPOSITE THE SIDE OF THE STREET THAT SHE'S ON, BUT I SIT ON THE VERY END OF THAT STREET.
I HAVE BEEN AROUND SINCE ADUS HAPPENED. I WAS PART OF HELPING DO THAT BECAUSE THE CONTRACTORS CAME INTO THIS NEIGHBORHOOD AND SAID, WE'RE BUILDING SINGLE FAMILY HOMES. AND THEY WERE NOT SINGLE FAMILY HOMES. THEY WERE ADUS.
SO WE WORKED WITH ZONING, AND WE GOT ADUS IN AS PART OF THE PROCESS BECAUSE THEY WERE COMING.
BEFORE THAT, WE HAD PRIVATE DORMITORY DEVELOPMENTS.
AND SO THEY WORKED AROUND WHATEVER THOSE REGULATIONS WERE TO BE LIKE, NO, THESE ARE ACTUALLY SINGLE FAMILY HOMES. AND THEN WE HAD TO GET ADUS INTO THE ZONING ORDINANCE. SO THAT'S HOW THAT HAPPENED. AND NOW THEY'VE SAID, OH, WAIT, WE DIDN'T ACTUALLY WANT ALL THOSE ADUS IN THERE.
SO NOW THEY'VE EVEN TAKEN IT OUT THAT YOU CAN'T ORIGINALLY, LIKE HE WAS SAYING THAT YOU COULD PUT ADUS IN ALL OF THAT WITHOUT, YOU KNOW, WITHOUT ANY REQUEST. AND NOW THEY'VE TAKEN ALL THAT OUT. SO ALL THAT TO SAY IS THAT'S THE BACKGROUND OF IT.
THE STRETCH FROM BASICALLY THAT WHOLE PURPLE STRETCH ON THE LEFT HAND SIDE THAT THAT SITS IN THE MIDDLE IS STILL BASICALLY AN INTACT HISTORIC AFRICAN AMERICAN NEIGHBORHOOD. AND IT IS VERY DIFFICULT TO WATCH TO HAVE WATCHED THIS ALL COME IN.
I UNDERSTAND DEVELOPMENT AND PROGRESS, BUT I ALSO THINK THAT THE JOB OF THE ZONING BOARD AND THE JOB OF THE PLANNING IS TO LOOK AT THE GREATER GOOD OF THE WHOLE NEIGHBORHOOD, LIKE THAT'S YOUR JOB TO ME. I UNDERSTAND PEOPLE WANT TO BUILD WHAT THEY WANT TO BUILD ON THEIR PROPERTY, BUT I THINK THE CONTEXT OF THE LARGER WHOLE IS WHAT YOUR JOB IS.
AND SO IT'S BEEN DIFFICULT IN THIS NEIGHBORHOOD TO KIND OF WORK THROUGH THAT, BECAUSE THERE'S CONSTANTLY PEOPLE WORKING AROUND WHATEVER GETS PUT OUT, THEY WORK AROUND WHATEVER GETS PUT OUT. SO I FEEL LIKE WE'RE FINALLY GETTING TO A SPOT WHERE THAT CAN HAPPEN.
AND THEN THEY ARE PUTTING UP AN ADU AND CALLING IT A SINGLE FAMILY HOME.
I KNOW THE FLOOR PLAN GOT CHANGED, BUT THAT'S WHAT IT'S GOING TO BE USED FOR.
AND THAT PUTS STRAIN ON THE SYSTEM, RIGHT? IT PUTS STRAIN ON THE NEIGHBORS NEXT TO IT BECAUSE WHAT IT IS SUPPOSEDLY BEING USED FOR IS NOT ACTUALLY WHAT IT'S BEING USED FOR.
AND SO THE IT MAKES A DIFFERENCE TO NOW HOW THEIR PROPERTIES ARE VIEWED.
RIGHT? SO EVEN THOUGH IT'S TECHNICALLY FALLS UNDER A SINGLE FAMILY HOME, THE WAY IT'S GOING TO GET USED NOW CHANGES HOW THE THE THE HOUSE, THE NEIGHBORHOODS ARE LOOKED AT NEXT TO EACH OTHER, LIKE THE LOTS NEXT TO EACH OTHER, ARE LOOKED AT DIFFERENTLY BECAUSE OF WHAT GETS PUT ON THAT. AND I THINK IT ALSO PUTS A STRAIN ON. WE'VE HAD SEVERAL PEOPLE MENTION THIS.
[00:25:02]
YOU COULD PARK ON BOTH SIDES OF FRASIER. EVERYBODY WAS PARKING ON BOTH SIDES OF FRASIER, AND THERE WERE SEVERAL TIMES AMBULANCES COULD NOT GET DOWN THAT STREET.SO WE JUST SAID, OKAY, WE'VE GOT TO DO SOMETHING.
BUT THEN WHEN YOU BEGIN TO ADD ALL OF THIS FIVE BEDROOM, FIVE BATHROOM STUFF, WELL, IF YOU HAVE AN ADU, YOUR PARKING REQUIREMENTS ARE DIFFERENT THAN A SINGLE FAMILY HOME. SO IN AN ADU YOU HAVE TO HAVE 1.1 PER BEDROOM IN A SINGLE FAMILY HOME.
SO MY REQUEST IS THE FACT THAT YOUR JOB IS TO LOOK OUT FOR THE LARGER NEIGHBORHOOD.
AND I THINK IF WE LOOK PROJECTING OUT INTO THE FUTURE, IF YOU NEED TO CORRECT MY FACTS, CORRECT ME.
NO NO NO NO, I DON'T NEED TO CORRECT YOUR FACTS.
IT'S JUST THE THE TIMER DIDN'T GO OFF. OH, SORRY.
I DIDN'T EVEN SEE THERE WAS A TIMER. I'M SO SORRY.
I APOLOGIZE. I WILL BE FINISHED. I WOULD SAY PLEASE DON'T GIVE THEM THE.
OKAY. THANK YOU. WAIT. WHERE'S THE TIMER? YEAH.
NORMALLY. YEAH, NORMALLY THERE'S A BELL. OKAY.
NO BELL. I JUST I FEEL SO BAD. AND ALSO, JUST MAKE SURE I THINK YOU ARE SIGNED IN.
HOW Y'ALL DOING? HELLO. HOW ARE YOU? MY NAME IS LEMUEL FITCH.
I RESIDE AT 311 WILLIAM STREET WITH MY MOM AS WELL.
I'M. I'VE BEEN LIVING IN THIS NEIGHBORHOOD SINCE I WAS A KID.
AND I'M SAYING TO KIND OF TO TO HER POINT WITH THE A LOT OF THESE HOUSES COMING UP LIKE THAT, I'M GOING TO ADDRESS IT IN A SIMPLE FACT OF, AGAIN, IT'S CHANGING THE WAY THEY'RE LOOKING AT THIS NEIGHBORHOOD, BECAUSE ME PERSONALLY, I'M 42 YEARS OLD. I ONLY STAY IF I WALK DOWN CANTON.
AND THIS IS MY PROBLEM WITH THE NEIGHBORHOOD. WITH WITH IT GETTING SO MANY HOUSES WHEN I WALK DOWN CANTON, I'M ACTUALLY STOPPED BECAUSE I DON'T LIVE IN THOSE APARTMENTS DURING THE SUMMERTIME AND DURING THE CHRISTMAS HOLIDAYS AND STUFF LIKE THAT.
LIKE I'M AN ACTIVE PERSON. I'M NOT TOO OLD TO MOVE AROUND OR WHATEVER, AND I JUST TRY TO FREQUENT THE STORE, WHICH IS RIGHT UP THE STREET. BUT I'VE BEEN STOPPED ON SEVERAL OCCASIONS BECAUSE I DON'T.
AND THE OFFICERS QUOTE, THERE'S STUDENT HOUSING HERE AND NOBODY'S HERE.
WELL, I'VE BEEN LIVING HERE SINCE BEFORE THE STUDENT HOUSING LIVED THERE. I USED TO CATCH THE BUS WHERE THE STUDENT HOUSES IS, AND I DON'T SEE WHY THE STUDENT HOUSING NOW ALL OF A SUDDEN PAINTS A DIFFERENT PICTURE, BECAUSE I DON'T I'M NOT A STUDENT THERE.
IF THOSE HOUSES MAKE ME LOOK LIKE THAT, I DON'T WANT NONE OF THEM IN THERE. I WOULD PREFER Y'ALL TEAR ALL OF THEM BACK DOWN AND PUT THE WHAT YOU SAID, A FAMILY HOUSE BACK INTO THE COMMUNITY. THAT'S ALL I WANT TO SAY.
THANK YOU ALL. THANK YOU FOR YOUR COMMENTS. VERY INTERESTING PERSPECTIVE, MR. FITCH. THANK YOU. THANK YOU. IS THE APPLICANT HERE? OH, OKAY. IT'S PROBABLY THE END. OKAY, SO I WILL CLOSE THE PUBLIC HEARING.
AND IF THE APPLICANT WOULD LIKE TO SPEAK. YEP YEP YEP.
THANK YOU FOR DOING THIS. RIGHT. OKAY. GOOD EVENING.
MEMBERS OF THE BZA. MY NAME IS WILL NEIGHBORS.
THE PROPERTY IS A SINGLE FAMILY HOME, AND IT IS IN VIOLATION OF THREE SEPARATE ZONING REGULATIONS.
TWO OF THEM BEING THE SETBACK, ONE BEING THE LOT WIDTH ON JUNE 29TH.
THE PROPERTY WAS LISTED FOR SALE THROUGH THE MLS IN AS IS.
THE FIRST SENTENCE OF THE ADVERTISEMENT IS SELLING PROPERTY, AS IS MENTIONS REDEVELOPMENT, AND THE PROPERTY HAS A TAX APPRAISED VALUE OF $55,000, INCLUDING THE HOUSE THAT WAS BUILT IN THE 1940S.
[00:30:01]
FOR A TOTAL OF 3000 TOTAL SQUARE FEET. AS A RESULT, THIS LOT OF RECORD DOES NOT MEET THE MINIMUM LOT WIDTH FOR A SINGLE FAMILY RESIDENTIAL HOME, WHICH IT CURRENTLY CONTAINS. WE ARE PROPOSING TO REDEVELOP THE PARCEL BY BUILDING A SINGLE FAMILY RESIDENTIAL HOME, WHICH REQUIRES A VARIANCE FOR THE LOT WIDTH. THE LOT IS AN EXISTING LOT OF RECORD AND HAS BEEN FOR MANY YEARS.THIS IS THE FIRST OBVIOUS REQUEST IS THAT THE ZONING.
IS THAT THE WIDTH REQUIREMENT? GO AWAY. ADDITIONALLY, THE EXISTING HOME IS IN VIOLATION OF THE REQUIRED FRONT AND REAR RESIDENTIAL SETBACKS. THE FRONT OF THE HOME IS ONLY SIX FEET AWAY FROM FRAZIER STREET.
AND THE SETBACK REQUIREMENT, I BELIEVE, IS 25.
THE BACK PROPERTY LINE IS CURRENTLY. LESS THAN NINE FEET AWAY.
AND IT HAS A CURRENT ZONING REQUIREMENT OF 20FT.
SO IF YOU TAKE THE PROPOSED SETBACKS AND YOU SET THEM ON THE LOT, YOU KNOW.
WE ARE PROPOSING TO BUILD A 600 SQUARE FOOT FOOTPRINT, TO BE AS CLOSE TO COMPLIANCE AS WE CAN BE IN ORDER TO BE IN COMPLIANCE. A NEW REDEVELOPMENT ON THIS LOT WOULD HAVE TO CONTAIN A SEVEN FOOT WIDE HOME, WHICH IS OBVIOUSLY NOT FEASIBLE. SO THE PURPOSE OF, YOU KNOW, THE THE REQUEST IS TO HAVE THIS EXISTING SINGLE FAMILY RESIDENTIAL LOT GO FROM HAVING THREE CURRENT VIOLATIONS DOWN TO TWO. WE HAVE REACHED OUT TO MISS COLLINS VIA A LETTER AS WELL AS MY SURVEYOR SPOKE TO HER DURING THE SURVEY PROCESS IN AN ATTEMPT TO POSSIBLY ACQUIRE HER PROPERTY SO THAT THE REAR SETBACK COULD BE ADHERED TO. I AM NOT AWARE OF ANY OF THE DISCUSSIONS RELATED TO MR. RICHARDSON. AT 313 FRAZIER AND A WOOD, A FENCE AND A ISSUE RELATED TO A PROPERTY LINE.
THIS IS ALL NEWS TO ME. AS IT RELATES TO MISS COLLINS ON THE NORTH SIDE OF THE PROPERTY, WHAT WE ARE ACTUALLY PROPOSING TO BUILD REDUCES THE ENCROACHMENT UPON HER PROPERTY LINE.
WHERE THE HOUSE CURRENTLY SITS, ABOUT NINE FEET AWAY.
IT WOULD SIT ABOUT 13FT AWAY. AS IT RELATES TO THE CONCERNS ABOUT PARKING.
ONE OF THE REASONS THAT WE ARE TRYING TO PUSH IT AS FAR BACK AS WE CAN IS BECAUSE IT WOULD ALLOW FOR AMPLE PARKING IN FRONT OF THE HOUSE AND ALONG THE SIDE RATHER THAN FORCE PEOPLE ONTO THE STREETS FOR THE PURPOSES OF PARKING.
SO, YOU KNOW, WE HAVE MET AD NAUSEAM WITH THE CITY AND LOOKED AT THE ENTIRE PLANNING BOOK AND WHAT COULD POSSIBLY BE REDEVELOPED ON THIS PROPERTY TO ADHERE TO THE REQUIRED SETBACKS.
AND WE WERE NOT ABLE TO IDENTIFY ONE. AND THEREFORE, THAT'S WHY WE'RE HERE TODAY, REQUESTING THAT WE TAKE THE SINGLE FAMILY HOME. THAT'S IN VIOLATION OF THREE SETBACKS OR ZONING REQUIREMENTS DOWN TO TWO, AND REDEVELOP THE PARCEL AS WE'VE PROPOSED. AND WITH THAT, I'LL TAKE ANY QUESTIONS IF ALLOWED.
SO, MR. NEIGHBORS I KNOW YOU JUST SAID YOU SPOKE AT NAUSEAM WITH THE CITY PLANNING, BUT WE'VE HAD LIKE, FIVE PEOPLE SPEAK TODAY. SURE. HAVE YOU CONSIDERED BUILDING SOMETHING ELSE THAT WOULD NOT REQUIRE A VARIANCE? THAT WOULD THAT YOU COULD BUILD ON THE ON THE PROPERTY, GIVEN THE CONCERNS THAT YOU'VE HEARD FROM THE PEOPLE THAT LIVE IN THE COMMUNITY? I MEAN, I DON'T BELIEVE THERE IS. AND CORRECT ME IF I'M WRONG, BUT I DON'T BELIEVE OUTSIDE OF A HOME THAT'S TEN FEET WIDE. I DON'T KNOW THAT WE IDENTIFIED ANYTHING WITHIN THE ZONING WE WERE ATTEMPTING TO DO SINGLE FAMILY TO.
EVERYTHING ELSE IS SINGLE FAMILY. WE EVEN LOOKED AT SOME OF THE COMMERCIAL AND OTHER OPPORTUNITIES, BUT WE AGREED THAT THAT WASN'T. YEAH. SO TO MR. NEIGHBOR'S POINT. SO IF YOU LOOK AT FIVE, TWO THE I GUESS, LIKE IF WE GO TO IT
[00:35:06]
YEAH. SO I THINK I ONLY HAVE FIVE 51. SO. BUT 52 HAS ALL OF THE PERFORMANCE SUBDIVISIONS? PRETTY MUCH. IT'S 502. I'M SORRY. SO, SO SO YOU GUYS, IT'S ACTUALLY NOT IN HERE, BUT IT HAS ALL THE PERFORMANCE USES.AND SO THAT'S WHERE YOU GET THE DUPLEXES, TOWNHOMES ALL THOSE DIFFERENT THINGS.
I THINK IT'S 3400. AND SOME CHANGE WOULD BE THE ONLY THING YOU COULD PROBABLY PUT WOULD BE A DUPLEX THAT WOULD REQUIRE THAT WOULD STILL PROBABLY REQUIRE A VARIANCE ON THE LOT MINIMUM. AND SO PRETTY MUCH KIND OF LIKE LIKE HE'S RIGHT.
AND SO PRETTY MUCH ALLOWING A FLAT, A FLAT WOULD WORK ON THIS LOT.
THAT'S THE ONLY THING FROM A DEVELOPMENT STANDPOINT. AND THAT WAS KIND OF WHY I MADE THE POINT OF VARIANCES LIKE THE IS THE LOT UNUSABLE? I THINK IT WOULD BE DIFFERENT IF IT WAS ALREADY A VACANT LOT THAT DIDN'T HAVE ANYTHING ON IT, BUT WITH THERE ALREADY BEING A HOUSE AND A HOUSE THERE THAT SOMEBODY IS LIVING ON. THIS IS ONE OF THE REASONS THAT WE HAVE THE EXPANSION FOR NONCONFORMITIES.
AND SO TO TO HIS POINT, IF YOUR AMBITION IS TO REDEVELOP THIS LOT, LIKE WE LOOKED AT THAT DAY, IT IS NOT VIABLE UNDER ANY OF THE PERFORMANCE SUBDIVISIONS UNDER THE CONVENTIONAL SUBDIVISIONS.
LIKE I SAID, AND A LOT OF THAT IS BECAUSE IT'S A REMNANT OF VERY OLD AUBURN.
BUT, I MEAN, WE DO HAVE PROVISIONS FOR IT. THAT'S WHY IN THE CONVENTIONAL AND THE CONVENTIONAL TABLE, THAT, I MEAN, THERE'S ENTIRE ZONING DISTRICTS THAT ARE IN C4 THAT ARE THIS SIZE.
BUT IF YOU ACTUALLY GO DO A SURVEY ON THE PROPERTY, IT'S .92 AND 48 POINT OR 4848 BY 58, WHICH IS 2800 TOTAL SQUARE FEET. AND IF CORRECT ME IF I'M WRONG, BUT IN THE EVENT THAT YOU DO A A MAJOR RENOVATION, IT WOULD TRIGGER US BACK HERE REQUESTING THREE RENOVATION.
OR IS IT THE TEARDOWN? YEAH. SO. NO. NO. SO SO IF YOU.
SO YOU WOULD BE CAPPED ON, ON THE REMODEL, LIKE HOW MUCH YOU COULD PUT INTO THE BONES OF THE HOUSE? I GUESS KIND OF IT'D BE OFF THE OFF THE APPRAISED VALUE.
BUT I GUESS IN A RECENT IN A RECENT MEETING WITH WHAT I LEARNED THE MOST, THE MORE STRINGENT VERSION OF THIS IS THAT THERE'S FLOODPLAIN ON HERE AND FEMA, FEMA ACTUALLY DOES COUNT EVALUATION 55, BUT I GUESS KIND OF ON THE IN MY WORLD, I WOULD I WOULD HONOR THE VALUE OF THE LAND, NOT JUST THE HOUSE, I GUESS. AND SO WHATEVER THAT VALUATION CAME BACK TO BE THEN THAT THAT'S WHERE THE FLEXIBILITY WOULD BE AT.
BUT THE TO HIS POINT, IF THERE WAS, THERE WOULD BE A CAP ON THE MONETARY AMOUNT, THE MONETARY VALUE THAT YOU COULD PUT INTO THE HOUSE TO REMODEL IT AND MAINTAIN IT.
I GUESS IF YOU WERE GOING TO ADD ANOTHER BEDROOM OR SOMETHING LIKE THAT.
BUT LIKE I SAID, I THINK THE 4000 LIKE NC FOUR, NC FIVE OR NC SIX, IT WAS REALLY SMALL LOTS.
THOSE ARE KIND OF FOR COTTAGES, KIND OF LIKE WHAT YOU GUYS SEE HERE.
AND SO THERE'S A LOT KIND OF BY ITSELF ON AN ISLAND DOESN'T REALLY MAKE ANY SENSE FOR REDEVELOPMENT.
IT WOULD MAKE A LOT MORE SENSE IF THERE WAS LIKE ASSEMBLAGE WITH IT, WITH SURROUNDING PROPERTY.
AND THAT WAS KIND OF ONE THAT WAS PART OF THE INTENT BEHIND CRD AND NRD THAT THERE WOULD BE ASSEMBLAGES OF SOME OF THESE SMALLER LOTS, BUT JUST KIND OF THAT'S IF NEIGHBORS ARE WILLING TO SELL.
AND IT SOUNDS LIKE IN THIS SITUATION THEY ARE NOT. SO BASED ON WHAT YOU SAID, IS THIS A UNNECESSARY.
IS THIS A HARDSHIP? I'M. I'M GETTING LOST IN IN THE TECHNICALITIES.
YOU KNOW, ONE OF OUR JOB IS TO. YEAH. SO IT'S JUST TO GRANT VARIANCES, RIGHT? RIGHT. SO I CAN'T TELL IF IT'S A HARDSHIP BECAUSE IT SOUNDS LIKE THERE ARE SOME UNIQUE CIRCUMSTANCES.
SO I'M WE'RE JUST TRYING TO MAKE THE, THE BEST DECISION.
THERE'S ALREADY AN EXISTING USE ON THE LOT. AND SO LIKE I SAID, THIS WOULD BE DIFFERENT IF THIS WAS A VACANT LOT THAT HE WAS TRYING TO BUILD ON, NEVER HAD BEEN BUILT ON. AND THEN THERE'D BE REASONS, BECAUSE THE ORDINANCE HAD CREATED A HARDSHIP FOR HIM. BUT WITH THE EXISTING HOUSE THAT IS ALREADY THERE AND THE PROVISIONS IN THE NOT EXPANDING NON-CONFORMITIES TO TO IN THE EYES OF THE CITY, THAT THERE ARE PROVISIONS FOR YOU TO EXPAND IT. IT JUST WOULD NOT ALLOW YOU TO HAVE A FIVE BEDROOM HOUSE ON IT. LIKE I SAID, NOBODY EVERYBODY'S NOT ENTITLED TO HAVE A FIVE BEDROOM, SEVEN BEDROOM HOUSE. I MEAN, YOU CAN DO THAT ON ANOTHER LOT SOMEWHERE WOULD BE THE POSITION OF THE CITY.
[00:40:03]
BUT THERE IS AN EXISTING USE HERE. THERE'S A HOUSE THAT PEOPLE ARE LIVING IN. IT WOULD BE UP TO MAINTAIN THAT THE CITY'S POSITION WOULD BE TO MAINTAIN THE HOUSE AS IS, OR EXPAND IT WITHIN THE EXPANSION PROVISIONS.CAN I ASK A QUESTION ABOUT EXPANSION WITHIN THE PROVISIONS? SO THE TAX APPRAISED VALUE OF 55,000. I WAS TOLD THAT WE COULDN'T IMPROVE THE STRUCTURE MORE THAN HALF OF THE TAV WITHOUT COMING BACK HERE AND ASKING FOR THREE VARIANCES.
FOR THINGS THAT ARE IN THE ZONING ORDINANCE, IT WOULD BE UP TO ME JUST KIND OF ABOUT HOW WE HANDLE IMPROVEMENTS AND KIND OF WHAT VALUE VALUATION WE WORK OFF OF. AND SO, I MEAN, THERE WOULD BE EVALUATION, BUT I DON'T WANT TO CONFIRM IT OR NOT KIND OF THAT INFORMATION.
OKAY. AND THIS IS A SINGLE FAMILY RESIDENCE THAT'S THERE.
CORRECT. YEAH. CORRECT. ON A NONCONFORMING LOT.
YEAH. YEAH, IT'S A NONCONFORMING. IT'S A NONCONFORMING.
LOT NONCONFORMING. IT'S A NONCONFORMING STRUCTURE ON A NONCONFORMING LOT. AND BECAUSE IT'S OLD.
YEAH. IT'S OLD. SO IT'S. I MEAN, WORDS MATTER.
SO IT'S NOT TECHNICALLY THAT IT'S IN VIOLATION. IT'S JUST A NONCONFORMING PROPERTY. YEAH.
AND I MEAN, IT IT COULD, IT COULD. IT'S NOT THAT IT CAN'T BE.
PEOPLE WANT TO DO 4 OR 5 BEDS AND IT'S JUST LIKE, NO, LIKE YOU, YOU YOU'RE FREE TO RENT THIS OUT.
YOU JUST CANNOT. DO, YOU KNOW, FIVE UNRELATED PEOPLE LIVING HERE KIND OF DEAL.
I THINK THAT'S AN IMPORTANT DISTINCTION TO I NOTICED WHEN THE PLANNER PRESENTED THAT HE SAID, THIS IS A PROPOSED PLAN, WHICH BASICALLY WHAT WE HEARD WAS WE WENT FROM A55 TO A54 TO KIND OF SKIRT THOSE REGULATIONS.
BUT I THINK, YOU KNOW, IF IT WALKS LIKE A DUCK.
AFTER THOSE CONVERSATIONS, THIS THIS HAS BEEN THE PROPOSED HOUSE CONSTRUCTION PLAN SINCE THE GET GO THAT THE THE HOUSE HE'S REFERRING TO IS ONES THAT WERE THE TWO STREETS OVER.
THOSE WERE ORIGINALLY PROPOSED, AS HE SUGGESTED, AND WERE CHANGED AT A LATER TIME.
BUT THEY ARE THEIR USE RIGHT NOW IS THAT THERE ARE FIVE COLLEGE STUDENTS LIVING IN THOSE HOMES.
CORRECT? PROBABLY SO. NCR, CRD, CAN YOU HAVE FIVE UNRELATED OR IS IT THREE OR LESS? I FEEL I'D HAVE TO CHECK ON. THINGS I USED TO KNOW OFF THE TOP OF MY HEAD.
YEAH. YEAH, THAT'S THAT WOULD BE ANOTHER I MEAN, THAT WOULD BE A QUESTION FOR PLANNING.
NOT REALLY FOR US, BUT IT GOES BACK TO THE PARKING.
AND IF THAT'S ABSOLUTELY ACCUMULATED IN HERE.
OH, AND YOU DID. YOU STARTED TO SAY TO YOU THAT YOU REACHED OUT TO MISS COLLINS BECAUSE THIS LOOKS LIKE BASICALLY MISS COLLINS HAS FOR SORT OF A MODIFIED FLAG, LOT LIKE SHE PARCELED OUT PART OF THIS AND SHE DIDN'T REALLY FINISH THAT, BUT SHE WAS NOT INTERESTED IN SELLING ANY PORTION OF HER LAND.
AND THEN AND YOU SAID YOU DON'T KNOW ANYTHING ABOUT THE FENCE. DID YOU PAY FOR THE SURVEY THAT MR. RICHARDSON IS REGARDING. DID HE, DID YOU HAVE A SURVEY ON THIS PROPERTY.
I'M NOT SURE WHERE THAT I THINK. MR.. WERE YOU GOING TO.
OH, SOME CONTEXT TO THAT. OH, YEAH. YEAH, YEAH.
SO SO SO SO I'M SORRY. YOU CAN YOU CAN ONLY SPEAK DURING PUBLIC HEARINGS, SO I CAN'T VERIFY THAT.
THAT'S A THAT'S THE ONLY TIME THAT I'VE. THAT WAS THE FIRST TIME THAT'S BEEN THAT WE'VE BEEN MADE AWARE OF THAT. AND I GUESS KIND OF OUR POSITION ON PROPERTY LINE DISPUTES AND THINGS LIKE THAT, THOSE ARE THINGS JUST KIND OF IN BETWEEN PRIVATE PROPERTY OWNERS. SO SOMETHING THAT THE CITY DOESN'T REALLY GET INTO. IF YOU'RE GOING TO LOOK AT THE GIS DATA, SOMETIMES IT CAN BE OFF. WE DON'T WE DON'T WE DON'T GUARANTEE THAT INFORMATION. WE RECOMMEND PEOPLE GET SURVEYS ASSOCIATED WITH THAT. TO ANSWER YOUR QUESTION ON THE CRD. SO IT IS UP TO FIVE UNRELATED AND SO AND SO LIKE I SAID, THE CRD, CRD WAS WHEN IT WAS THOUGHT OF, APPLIED AND ADMINISTERED. REDEVELOPMENT WAS THE INTENTION, BUT ASSEMBLAGE WAS A PART OF IT.
AND SO FOR THE SMALL LOTS LIKE THIS, LIKE I SAID, I THINK THOSE ARE THOSE ARE AREAS THIS IS A LOT THAT WOULD BE PRIME FOR ASSEMBLAGE INTO GREATER LOTS, BUT IT'S JUST KIND OF AT THE WILL OF NEIGHBORS IF THEY DO WANT TO SELL AND TO ALLOW THAT ASSEMBLAGE.
SHE HAS A WILLING BUYER CONTINGENT UPON THIS.
[00:45:03]
SO YOU KNOW THE HARDSHIP IS WOULD CERTAINLY BE ON MISS GLORIA AND NOT ON MYSELF.THE HARDSHIP WOULD BE IF IT'S APPLIED TO THE ACTUAL PARCEL OR THE LAND.
SO THAT'S THE DIFFERENCE THERE. BUT I DO UNDERSTAND WHERE YOU'RE COMING FROM.
I SEE THAT SHE WANTS TO SELL, AND, YOU KNOW, IT'S HER RIGHT TO SELL.
OKAY, GO BACK TO THE ISR BECAUSE I SEE WE HAVE TWO VARIANCES.
ONE IS FOR SEVEN SEVEN FEET. SO EVEN STILL, EVEN IF WE GET PAST THESE, JUST SAY THESE VARIANCES GO THROUGH, WE'VE STILL GOT AN ISSUE WITH THE PARKING BECAUSE THIS IS ALL GRAVEL.
SO YOU WOULDN'T BE ABLE TO GRANT A VARIANCE FOR THAT CAUSE THERE WASN'T A HEARING RELATED TO THAT. SO SO WE DIDN'T ADVERTISE FOR THAT. AND SO THAT THAT'S A TECHNICALITY ON OUR END AND I GUESS KIND OF. YEAH. SO BUT ON THIS THOUGH ON THIS THOUGH, THINGS LIKE THIS ARE LIKE THIS IS A PREFERENCE.
THIS IS SOMETHING WHERE IF THEY WANTED TO SHAVE IT AND JUST HAVE THE SPACE FOR TWO PARKING SPACES AND THEN MOVE FORWARD WITH A SINGLE FAMILY HOME, THEY COULD. THIS ISN'T SOMETHING THAT'S LIKE HARD IN STONE.
THEY COULDN'T MOVE FORWARD WITHOUT. THAT IS SOMETHING THEY CAN CHANGE.
HOWEVER, IF YOU'RE GOING TO PUT FIVE BEDROOMS AND IF IF IF THE INTENDED USE IS FOR MORE THAN FIVE UNRELATED PEOPLE TO LIVE THERE, WHERE ARE THE THREE OTHER PEOPLE GOING TO PARK? THEORETICALLY LIKE THAT, THAT BECOMES AN ISSUE. SO SPEAKING TO THE PEOPLE WHO SPOKE IN THE PUBLIC HEARING, THEY'RE GOING TO PARK IN THE STREET OR IN THE YARD, WHICH IS NOT. YEAH, I WOULDN'T, I MEAN, I WOULD PUT THE PROPERTY FOR SALE OR FOR RENT TO, YOU KNOW, WHOEVER RENTED IT, I WOULDN'T.
BUT I GUESS THIS IS AN ATTEMPT AT ALLEVIATING SOME OF THE PARKING CONCERNS THAT WE'VE HEARD.
AND THAT WOULD BE A SECOND REQUEST. OKAY. IS THERE ANYTHING ELSE? I DON'T HAVE ANYTHING. OKAY. DO YOU HAVE QUESTIONS? OKAY. ALL RIGHT. WELL. THANK YOU. THANK YOU. SO NOW WE WILL HAVE WE'LL OPEN IT. OPEN IT FOR BOARD DISCUSSION. ALL RIGHT.
ANY COMMENTS? I MEAN, I THINK, YOU KNOW, WE WE HAVE I SEE TWO SIDES OF THIS COIN.
I DO KNOW THAT THIS IS A NON-CONFORMING PROPERTY.
IT'S BEEN THERE FOREVER. IT OBVIOUSLY SUPERSEDES THE ZONING THAT'S BEEN APPLIED AFTERWARDS. YOU KNOW, WE'D HAVE TO WORK OUT ABOUT THE, THE HOW MUCH OF IT COULD BE RENOVATED, YOU KNOW, WITHOUT TRIGGERING SOME SORT OF REZONING OR VARIANCE PROGRAM NEEDED. BUT I THINK THE THING IS, WHAT WE HAVE TO DO IS THAT IT CAN'T JUST MEAN ONE THING.
IT'S GOT TO MEET ALL OF THE DIFFERENT CRITERIA FOR A VARIANCE TO BE CONSIDERED.
AND I DON'T KNOW THAT WE'VE GOT THAT JUST OFF THE TOP OF MY HEAD.
WE CAN ALL SEE THAT THERE IS AN EXISTING, YOU KNOW, PROPERTY ON THERE.
I DO, YOU KNOW, WANT MISS BLEDSOE TO BE ABLE TO SELL HER PROPERTY AND DO WHAT SHE WANTS TO WITH IT.
WE KNOW THAT PARKING IS IS REAL, AND WE UNDERSTAND THAT EVEN WITH THE ISR VARIANCE, WE JUST KIND OF CLEARLY DESCRIBE THE FACT THAT PARKING WOULD BE ON THE STREET THAT COULD AFFECT THE BUSINESSES IN THE AREA.
THE COMMENT FROM THE ONE MISS COLLINS WHO COMMENTED ABOUT NOW LOOKING DOWN AND TO HER PROPERTY.
I THINK I THINK THAT'S REAL. AND I THINK THAT ALL OF THESE ARE TRUE CONCERNS, AND I JUST DON'T WANT US TO LOSE SIGHT OF THE FACT THAT WE'VE HAD 5 OR 6 PEOPLE WHO LIVE RIGHT THERE WHO'VE GROWN UP IN THIS AREA, THAT'S BEEN THERE FOR A SIGNIFICANT AMOUNT OF TIME.
BUT I THINK WE HAVE TO THINK ABOUT THE VARIANTS AND THE IMPACT THAT THE VARIANTS WILL HAVE, IN ADDITION TO THE FACT THAT MAYBE SOMETHING ELSE CAN BE DONE WITH THE PROPERTY.
YOU KNOW, I MEAN, HE'S PROPOSING A FIVE BEDROOM, THREE BATH, SINGLE FAMILY DETACHED.
[00:50:01]
SO WE'RE TALKING ABOUT 650FT². I MEAN, AT THAT POINT AND WE'VE DONE THIS BEFORE, YOU KNOW, YOU JUST KIND OF REEVALUATE WHAT YOU'RE WILLING TO BUILD AND JUST SORT OF, YOU KNOW, SORT OF SHRINK IT DOWN AS MUCH AS YOU POSSIBLY CAN.THERE'S, YOU KNOW. THERE WAS SOMETHING ELSE THAT POPPED OUT THAT THE EXISTING LOT.
WE KIND OF KNOW THAT'S NOT THE CASE BECAUSE THERE IS ACTUALLY A SINGLE FAMILY USE PROPERTY.
SO DWELLING. MARTY, YOU'VE BEEN QUIET. YEAH, I'M JUST THINKING, IF YOU BUILT, YOU BUILT A REAL THREE BEDROOM, TWO BATHROOM HOUSE THAT, YOU KNOW, A REAL FAMILY WOULD MOVE INTO WOULD PROBABLY BE MORE ACCEPTABLE TO INAPPROPRIATE TO THE NEIGHBORHOOD.
AND I THINK THAT'S PROBABLY THE INTENT OF THE ZONING OVERLAY ON THAT.
THE, THE. YEAH. AND SO, SO I WOULD SAY I THINK JUST KIND OF THE SIMILAR THING.
AND IF I THINK THE CITY'S POSITION IS JUST REALLY SIMPLE.
WOULD THEY BE ABLE TO REDEVELOP THIS INTO A32 WITHOUT COMING BACK TO US? I MEAN, I DON'T KNOW IF THEY COULD BUILD A TWO.
YEAH, YEAH. SO AND SO AND SO I LIKE I SAID, I THINK A LOT LIKE THIS I THINK IT'S EITHER IT'S EXPAND THE EXISTING HOUSE AND KIND OF USE THE PROVISIONS OF THE EXPANSION OF THE NONCONFORMITY OR LIKE, YOU KNOW, JUST SOMEONE WHO WOULD JUST ADD THIS KIND OF TO EITHER THE RENTAL PORTFOLIO OR WHATEVER IF THEY WERE JUST RENTING TO ONE PERSON OR RENT TO A FAMILY. BUT IT'S JUST KIND OF ONE OF THOSE THINGS WHERE EVERY LOT IN TOWN ISN'T GOING TO BE SUITABLE FOR A FIVE BEDROOM RENTAL.
CORRECT. YEAH. SO SO SO SO EVEN WITH A SMALLER HOUSE, THEY'RE COMING TO US FOR A VARIANCE.
YEAH, BUT THEN YOUR NEIGHBOR MIGHT SAY, YOU KNOW, YOU CAN HAVE A LITTLE BIT OF THE LAND, BUT WHO'S TO SAY THAT THEY WOULDN'T CHANGE WHAT THEY PROPOSE? BECAUSE THIS IS JUST A PROPOSED CONSTRUCTION. THEY COULD CHANGE TO A THREE BEDROOM, TWO BATH. WELL, THAT WOULD BE THE REQUIREMENT FOR THE VARIANCE, RIGHT? I'M SAYING WE COULD DO THAT. NO, YOU CAN'T CHANGE IT. IT'S GOT TO BE THREE BEDROOM, TWO BATH. OTHERWISE THE VARIANCE DOESN'T HAPPEN. YEAH WE CAN MAKE THE PROVISION IN THAT.
SO THEY'RE NOT COMING BACK TO US NEXT MONTH WITH A NEW PLAN.
OR EVEN IF IT'S A THREE BEDROOM OR FOUR BEDROOM, YOU KNOW, WE COULD CHANGE THAT OR HAVE THAT AS PROVISION INSTEAD OF SAYING TWO, IF, YOU KNOW, IF WE GET THROUGH THIS AND THEN IT COMES BACK UP FOR ISR.
JUST KIND OF HOW THEY HAVE IT SHOWN, LIKE LIKE YOU SAID, I MEAN, THEY CAN MEET BY ONLY PROVIDING TWO ON SITE PARKING SPACES, BUT BUT THE IDEA WITH THAT AND WITH THE 1.1 IS THAT YOU HAVE ONE FOR ALL YOUR BEDROOMS WITHIN THE 0.1 IS FOR YOUR GUEST.
AND LIKE YOU GUYS HEARD, JUST KIND OF WHAT AN OLDER PLACES LIKE THIS WHERE THE STREETS ARE REALLY NARROW, WHERE PEOPLE ARE PARKING ON THE STREET. THERE'S ALSO I MEAN IT WASN'T MENTIONED, BUT THERE'S ALSO AN ISSUE WITH GAME DAY PARKING AND PEOPLE PARKING DURING THE GAME DAY AND PARKING ON OTHER PEOPLE'S PROPERTY AND ALL OF THAT.
SO THAT THAT IS A FLAGRANT ISSUE THAT THAT HAS BEEN THAT'S BEEN AN ISSUE OVER HERE.
AND SO KIND OF THE ISSUE IS SOMETHING THAT COULD BE SOLVED, BUT I THINK THAT WOULD FROM THE CITY STANDPOINT, BUT IT WOULD REALLY PROBABLY JUST PUSH THE ISSUE DOWNSTREAM AND KIND OF OFF OF THE SITE.
AND SO I THINK TO, TO YOUR, TO YOUR POINT ABOUT COULD THEY JUST DO A32 AND LIKE THIS BE DIFFERENT? I THINK THIS WOULD JUST BE ONE OF THOSE LOTS.
THAT REDEVELOPMENT IS IMPOSSIBLE WITHOUT WITHOUT AN ASSEMBLAGE.
AND LIKE I SAID, WITH THE NEIGHBORS NOT BEING NOT BEING OPEN TO THAT, IT JUST DOESN'T LOOK LIKE REDEVELOPMENT IS KIND OF THE FUTURE FOR THIS ONE AS FAR AS LIKE A SCRAPE AND THEN THEN GO UP. IT JUST MIGHT BE SOMETHING WHERE THE WHERE THE HOUSE CAN BE RENOVATED, AND THEY MAY HAVE 1 OR 2 BEDS OR SOMETHING LIKE THAT, BUT I DON'T THINK THIS IS A SCRAPE AND REDEVELOP.
IT WOULD PROBABLY BE A RENOVATE AND REPURPOSE KIND OF DEAL.
YEAH. OKAY. WOULD ANYBODY LIKE TO PUT A MOTION TO DENY POSITIVE MOTIONS PLEASE.
OH. POSITIVE MOTIONS. YES. MOVE TO REJECT. NO.
NO. MOVE TO APPROVE. APPROVE. LET ME FIND THE CASE NUMBER.
SORRY. SORRY, Y'ALL. WE'VE BEEN OUT OF PRACTICE.
SOMEBODY DOES NEED A SECOND. SECOND. WILL FAULKNER.
NO. MARY BOYD, NO AMY SORRELS. NO LETITIA SMITH, NO.
MARTY HEFFRON. NO. ALL RIGHT, ALL RIGHT. SO THAT WAS OUR ONLY ORDER OF BUSINESS FOR TODAY. IS THERE ANY OTHER BUSINESS?
[OTHER BUSINESS ]
NO. I THINK KNOWING. KNOWING WHAT? I KNOW WE WILL BE MEETING NEXT MONTH.[00:55:03]
SO, SO SO. YEAH, I WILL SEE YOU GUYS NEXT MONTH.OKAY. AND THEN WE HAVE A NEW MEMBER TOO, WHICH IS NOT HERE, UNFORTUNATELY.
SO WE WANTED I WAS LOOKING FORWARD TO WELCOMING ELIZABETH.
YEAH. YEAH. NO THAT HURT. SO SO SO YEAH, WE ACTUALLY HAD A TRAINING A COUPLE WEEKS AGO.
SO THE TRAINING WENT REALLY WELL. I GUESS KIND OF THE ONLY THING I WOULD SAY JUST KIND OF BE OUT ON THE RADAR FOR WE MIGHT HAVE SOME JOINT TRAINING FROM NORTH ALABAMA, JUST KIND OF BECAUSE I KNOW THEY HAVE A THRESHOLD FOR TEN MEMBERS.
BUT I DID THAT TRAINING LIKE THREE YEARS AGO.
IT'S VERY IT'S VERY VALUABLE TRAINING. YEAH. WE GOT A HAND SLAP FOR APPROVING TOO MANY VARIANCES BUT BUT YEAH SO SO SO YEAH I WOULD SAY THAT'S, THAT'S THE ONLY THING WE JUST HAVE I KNOW THERE ARE SEVERAL VARIANCE APPLICATIONS JUST KIND OF IN THE PROCESS.
SO, SO YEAH, WE'LL I WILL BE SEEING YOU GUYS AGAIN NEXT MONTH OKAY.
YEAH. ALL RIGHT. IF THERE'S NOTHING ELSE WE WILL ADJOURN THIS MEETING.
THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.