Oct 01, 2025 Board of Zoning Adjustment

[00:00:03]

AND GOOD EVENING EVERYONE. WE'RE GOING TO CALL OUR BOARD OF ZONING ADJUSTMENTS MEETING FOR WEDNESDAY, OCTOBER 1ST TO ORDER AT 4:30 P.M.. WILL FAULKNER HERE, MARY BOYD HERE,

[ROLL CALL]

[APPROVAL OF MINUTES]

CAN I GET A MOTION TO ACCEPT THE MINUTES AS PRINTED.

MOTION TO APPROVE MINUTES. SECOND, WILL FAULKNER.

YES. MARY BOYD. YES. LETICIA SMITH. YES. MARTY HEFFRON.

YES. ELIZABETH STRAIN. YES. OKAY. I WILL NOW READ MY OPENING REMARKS.

[CHAIRMAN’S OPENING REMARKS]

THE SUPERNUMERARIES PARTICIPATE IN ALL DISCUSSIONS, BUT ONLY VOTE WHEN NECESSARY TO ASSURE THAT 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. OUR REGULAR MEMBERS AND SUPERNUMERARIES AND ATTENDEES CAN PARTICIPATE IN DISCUSSION, BUT ONLY MEMBERS CAN VOTE UNLESS CALLED UPON BY THE CHAIR TO VOTE.

THANK YOU. ALL RIGHT. READY FOR OUR FIRST ORDER OF BUSINESS?

[1. Variance to Section 511.03 (J), Accessory Use Limitation, requires the total floor area of all accessory structures limited to fifty (50) percent of the floor area of the principal structure, of the City of Auburn Zoning Ordinance]

CAN Y'ALL HEAR ME? OKAY. BARELY. YEAH. OKAY. NO.

OKAY. WE CAN NOW ERASE THIS ANYMORE. TOO TALL.

OKAY. WELL, GOOD EVENING, GUYS. WE HAVE TWO CASES ON THE BOARD OF ADJUSTMENT.

MEETING. SO THIS IS THE FIRST CASE RIGHT HERE.

IT IS LABELED UNDER NEW BUSINESS. SO THIS IS A BOARD OF ZONING ADJUSTMENT REQUEST FOR CASE NUMBER BZ 2025 006.

THE APPLICANT IS JOBE WATSON. HE IS REQUESTING A VARIANCE TO SECTION 511 .03-J, WHICH IS ACCESSORY USE LIMITATIONS. WHICH ALSO STATES THAT THE TOTAL FLOOR AREA OF ALL ACCESSORY STRUCTURES ARE LIMITED TO MAXIMUM OF 50% OF THE FLOOR AREA OF A PRINCIPAL STRUCTURE, PER THE CITY OF AUBURN ZONING ORDINANCE.

THE PROPERTY IS LOCATED AT 8342 OSCEOLA COURT, AND IT IS LOCATED IN THE RURAL DISTRICT WITH A CONSERVATION OVERLAY FOR THE LAKE OGLETREE WATERSHED, SO JUST KEEP THAT IN MIND.

THIS IS A PROXY MAP, KIND OF JUST SHOWING THE AREA AND SURROUNDING LOCATION OF OSCEOLA COURT.

YOU CAN SEE THE HIGHLIGHTED AREA. IS THE PROPERTY IN QUESTION.

EXCUSE ME. YOU CAN KIND OF SEE THE VICINITY MAP.

THE AREA OR PROPERTY IS KIND OF LOCATED NEAR SOCIETY HILL ROAD, SLASH SAND HILL ROAD.

SO KIND OF THINK SOUTH SOUTHEAST AUBURN PRETTY FAR AWAY FROM THE CORE OF THE CITY.

AND THIS IS KIND OF JUST THE WHOLE PROXY MAP SLASH BUILDING SITE IN QUESTION.

THE PROPERTY. IF YOU COULD ZOOM IN FOR ME, PLEASE, I'M GOING TO KIND OF JUST GIVE YOU A LITTLE BIT OF DISCUSSION AROUND THIS CASE.

OKAY. SO THE MAIN DISCUSSION HERE IS THE APPLICANT IS REQUESTING A VARIANCE FOR AN ACCESSORY STRUCTURE.

THIS APPLICANT HAS RECEIVED A VARIANCE BACK IN 2016 REGARDING ACCESSORY STRUCTURE.

ALREADY THAT ACCESSORY STRUCTURE IS HIGHLIGHTED IN YELLOW.

SO THAT HIGHLIGHTED YELLOW BOX IS ALREADY ACCESSORY STRUCTURE EXISTING ON THE PROPERTY.

IN 2016, THE APPLICANT DID RECEIVE A VARIANCE.

TWO VARIANCES, ACTUALLY ONE FOR THE ACCESSORY STRUCTURE TO BE LOCATED IN FRONT OF THE PROPERTY, BECAUSE USUALLY THE STRUCTURES HAVE TO BE LOCATED BEHIND, AS WELL AS A VARIANCE OF 7.2% TO THE MAXIMUM 50% ALLOWED OF ACCESSORY FLOOR STRUCTURES. SO IN THIS 2016 CASE, THE APPLICANT WAS PROPOSING A 768 SQUARE FOOT ACCESSORY STRUCTURE.

NOW HE ALREADY HAD A 359 SQUARE FOOT SHED THAT'S NOW NOT LOCATED ON THE PROPERTY, BUT AT THE TIME IT WAS.

SO IT WAS FACTORED IN THE TOTAL CALCULATIONS OF ACCESSORY STRUCTURES.

[00:05:02]

THIS WAS GRANTED IN 2016, SO IT KIND OF JUST GIVING YOU SOME DETAILS ON A PREVIOUS CASE REGARDING THIS PROPERTY.

NOW, SINCE THE 359 SQUARE FOOT STRUCTURE HAS BEEN DEMOLISHED, THE 768 SQUARE FOOTAGE ACCESSORY STRUCTURE STILL REMAINS.

AND NOW THE APPLICANT IS WANTING TO BUILD A 1440 SQUARE FOOT SHED KIND OF HIGHLIGHTED IN THIS RED BOX RIGHT HERE.

SO THIS IS THE PROPOSED ACCESSORY STRUCTURE RIGHT HERE. THE APPLICANT ALSO HAS HIGHLIGHTED IN BLUE RIGHT HERE A NINE BY TEN SHED WHICH IS ABOUT 90 SQUARE FOOTAGE. THE APPLICANT HAS STATED THAT HE DOES PLAN TO TEAR DOWN THE SHED, BUT AT THE TIME OF THIS CASE, I'M CONSIDERING IT JUST BECAUSE I'M NOT SURE IF HE'S DEMOLISHED IT.

YOU KNOW, EITHER YESTERDAY OR TODAY, I JUST DON'T HAVE ALL THE INFORMATION THERE, SO THAT'S WHY I INCLUDED IT.

SO WITH THAT BEING SAID, THE TOTAL SQUARE FOOTAGE OF ALL THE ACCESSORY STRUCTURES COMBINED IS 2298 SQUARE FOOTAGE, WHICH IS 114% OF THE ENTIRE SQUARE FOOTAGE OF THIS HOUSE, WHICH AGAIN IS 2112 SQUARE FOOT.

SO HE'S REQUESTING A VARIANCE OF 64%, I THINK LIKE 0.21 PERCENTAGES.

SO WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS.

SO THE BLUE BOX IS STILL THERE, BUT IT IS BEING PROPOSED TO BE DEMOLISHED.

IS THAT WHAT YOU SAID? YES, MA'AM. THE APPLICATION OR THE APPLICANT HAS STATED THAT HE DOES PLAN ON DEMOLISHING THAT STRUCTURE, WHICH GETS RID ABOUT 90FT OF SQUARE FOOTAGE, BUT IT WOULD STILL BE I THINK WITH THAT CALCULATION WOULD BE ABOUT 109% VARIANCE REQUESTED WITH THAT. CAN YOU REPEAT YOUR NUMBER ONE MORE TIME? WITH ALL THE STRUCTURES ADDED TOGETHER? YEAH.

YOU'RE GOOD. I KNOW IT'S A LITTLE MUCH. YES IT IS. SO YEAH.

SO THE VARIANCE REQUEST IS 64.21%. AND THAT IS CALCULATING 2298 SQUARE FOOTAGE COMBINES ACCESSORY STRUCTURES THAT ALSO INCLUDES THE 90 FOOT SHED.

NOW IF WE GET RID OF THAT THAT GOES DOWN TO ABOUT 109%, RIGHT.

OKAY. SO. DO WE KNOW ANYTHING ABOUT WHAT THIS ACCESSORY STRUCTURE IS OR IS NOT.

WE DO OKAY. THE APPLICANT HAS STATED IN HIS APPLICATION THAT HE INTENDS TO STORE HIS VINTAGE VEHICLES AND HIS BOAT.

HE RECENTLY HAS LOST ACCESS TO STORE THOSE BOATS AND VEHICLES, SO HE IS LOOKING TO STORE THEM ON HIS PROPERTY.

THAT SHED IS ON THE PROPERTY LINE ADJACENT TO THE OTHER PROPERTY.

YES, SIR. AND IS THAT A WOODED AREA? CAN CAN THE NEIGHBOR SEE THAT SHED? IF IT WAS THERE, THAT WOULD BE A QUESTION FOR THE APPLICANT.

I WOULD SAY SO. I HAVEN'T REALLY DONE ANY SITE ANALYSIS IN PERSON.

SO TO THAT POINT, DID WE HEAR ANYTHING FROM HAVE YOU RECEIVED ANYTHING FROM ANY OF THE NEIGHBORS ABOUT IN FAVOR OR NOT? I HAVE SO, SO, SO SO I KNOW THE APPLICANT LAST WEEK, AND I THINK THE TWO ADJACENT NEIGHBORS, 2 OR 3 ADJACENT NEIGHBORS SENT AN EMAIL SAYING THAT THEY REALLY THEY WERE REALLY UNAFFECTED BY IT.

AND I GUESS KIND OF IF YOU GO BACK TO THE PROXIMITY OF IT.

THEY WERE UNAFFECTED BY IT. YEAH YEAH YEAH YEAH YEAH. THEY WERE NOT AFFECTED BY IT. OKAY.

NOT THAT ONE. ONE THAT SHOWS THE ZONING, RIGHT.

THERE WE GO. AS YOU CAN SEE ONE OF THE. SINCE WITH IT BEING ON THE PERIPHERY OF THE TOWN, SOME OF SOME OF HIS NEIGHBORS ARE IN THE CITY, SOME OF HIS NEIGHBORS AREN'T. AND SO FROM A USE PERSPECTIVE, I MEAN, THAT MATTERS A LOT.

BUT REGULATIONS, I GUESS, KIND OF FROM WHAT WE HAVE VERSUS WHAT IS IN THE COUNTY, AS YOU ALL KNOW.

VERY GREATLY. SO VERSUS THERE ARE REALLY NO REGULATIONS IN THE COUNTY ABOUT WHAT YOU CAN'T REALLY HAVE ON YOUR PROPERTY.

SO, OKAY, SO REPEAT THAT ONE MORE TIME. CAN YOU GO BACK TO THE OTHER PICTURE OR OTHER LAYOUT AND ZOOM IN A LITTLE BIT.

YEAH. SO SO SO YES. SO I RECEIVED I THINK 2 OR 3 EMAILS JUST FROM PEOPLE WHO LIVE OVER THERE JUST KIND OF EMAILING ON HIS BEHALF THAT THEY, THAT THEY WERE NOT OPPOSED TO THE GRANTING OF THE VARIANCE.

I THINK KIND OF LIKE THE APPLICANT MAY MENTION WITH HIM LIVING ON THE PERIPHERY OF THE CITY THEY LIVE IN A NEIGHBORHOOD WHERE SOME OF THE PEOPLE ON THE STREET DO NOT LIVE IN THE CITY. THEY LIVE IN THE COUNTY THEY HAVE NOT ANNEXED YET.

WE DON'T HAVE ANY PENDING APPLICATIONS FOR THIS AREA OR ANYTHING. AND I GUESS I DON'T IT'S NOT REALLY RELEVANT, JUST KIND OF FROM OUR STANDPOINT, BUT THAT'S IT'S WORTH MENTIONING THAT SOME OF THOSE PEOPLE ARE NOT BOUND BY CITY REGULATIONS.

[00:10:03]

AND I GUESS THE APPLICANTS HERE, I MEAN, HE'LL, HE'LL HE'LL DEFINITELY KIND OF GET INTO IT, I THINK IS FOR SOME OF YOU WHO RECEIVED HIS EMAIL AND IN MY CONVERSATION WITH HIM, HE'S PRETTY PASSIONATE ABOUT THE THINGS THAT HE DOES AND HIS INTENT WITH THE, THE, WITH THE ACCESSORY STRUCTURE. SO MAY I SPEAK? OH, I GUESS SO. HOW DOES IT WORK? PLANNERS PRESENT THE CASE, THEY ASK QUESTIONS OF THE PLANNER, AND THEN THEY'LL OPEN THE PUBLIC HEARING. AND SO DURING THE PUBLIC HEARING, ANYONE WHO WANTS TO SPEAK FOR OR AGAINST CAN SPEAK. AND THEN ALSO THE APPLICANT SPEAKS IN THE PUBLIC HEARING AS WELL. SO THE 50% RULE FOR THE SQUARE FOOTAGE IS THAT ACROSS THE BOARD IN THE CITY OF AUBURN, DOES IT LIKE FOR YOU COULD HAVE A HUGE LOT AND A HUGE HOUSE OR A SMALL HOUSE ON A BIG LOT.

I'LL ANSWER THAT, CHRIS. ALL RIGHT. YEAH. SO GREAT QUESTION.

SO YES, WITH THE EXCEPTION OF PLACES THAT ARE RURAL THAT MEET THE LOT MINIMUM.

AND SO THAT'S ONE OF THE DISTINCTIONS ABOUT MR. WATSON'S PROPERTY. THIS IS A NON-CONFORMING RULE LOT. IT DOES NOT MEET THE THREE ACRE MINIMUM.

AND SO IF HE WAS THREE ACRE LOT, IT WOULDN'T MATTER JUST BECAUSE I GUESS IF YOU LIVE IN A RURAL AREA AND YOU DO MEET THE MINIMUM, THEN YOU CAN HAVE A BARN, AS YOU KNOW, BARNS THAT NORMALLY DWARF HOUSES.

BUT THAT'S, THAT'S IN A SITUATION WHERE YOUR THREE ACRE LOT PROBABLY OUT ONCE AGAIN ON THE PERIPHERY OF TOWN.

BUT THIS IS, THIS IS ODD AND I GUESS KIND OF WHERE THIS IS KIND OF AND I GUESS THIS ISN'T RECENTLY ANNEXED OR ANYTHING.

IT'S BEEN IN THE CITY FOR A WHILE, BUT SO SO I WILL SAY THE BLANKET 50% DOES APPLY.

AND I THINK IN OTHER AREAS, LIKE WHEN THERE'S IN TRADITIONAL SUBDIVISIONS, I WOULD SAY PROBABLY DOUBLY ENFORCED BY AN HOA.

NOT REALLY JUST US. SO HOW DOES THIS TAKE INTO EFFECT THE IMPERVIOUS SURFACE FOR THE LOT? THEY WELL UNDER THE RATIO FOR THAT WITH THE NEW STRUCTURE.

RIGHT. ISR WAS NOT CONSIDERED FOR THIS CASE. IT WAS STRICTLY LOOKING AT THE FLOOR AREA RATIO.

OF EVERYTHING. WHAT KIND OF HARDSHIP IS HE CLAIMING OTHER THAN JUST FINANCIAL AND NOT BEING ABLE TO STORE HIS VEHICLES IN A STORAGE BED? I DON'T YEAH. SO IN TALKING TO TALKING TO MR. WATSON. SO WHAT WE KIND OF WALKED THROUGH THE HARDSHIP WAS REALLY JUST MORE SO FROM THIS IS SOMETHING THAT HE ENJOYS DOING.

THIS IS SOMETHING THAT HE WANTS TO DO, SOMETHING THAT HE WAS DOING AT ANOTHER LOCATION. HE DIDN'T DISCLOSE, JUST KIND OF WHAT HAPPENED. WHY THAT WHY THAT SITUATION CHANGED AND WHY HE NEEDS TO DO THIS. AND I GUESS JUST KIND OF IN THE MOMENT WHEN WE WERE TALKING, I THINK HE'S INCLUDED IN HIS THIS PRESENTATION, WE LOOKED AT THE POSSIBILITY OF CONNECTING, I GUESS THE EXISTING GARAGE THAT'S CURRENTLY DETACHED FROM THE HOUSE THAT'S ON, I GUESS. WHAT'S THIS WAS THE NORTH, I GUESS THAT'S THE YEAH, I GUESS ON THE SOUTH SIDE OF THE PROPERTY.

IF HE WERE TO CONNECT THAT THEN THAT WOULD GET RID OF THAT SQUARE FOOTAGE AND THEN HE'D HAVE ROOM TO BUILD IT.

I GUESS THERE'S A SIGNIFICANT GRADE CHANGE. SO REALLY, I GUESS FROM A HARDSHIP STANDPOINT, FROM THE CITY'S EYES. HOUSE ALREADY OCCUPIED, HE ALREADY HAS ACCESSORY STRUCTURES.

THERE'S REALLY NO HARDSHIP TO ADDING IT. I ACTUALLY NOT REALLY ENTITLED TO THAT. SO I GUESS, TECHNICALLY SPEAKING, FROM OUR FROM OUR LEGAL LENS, THERE WOULD BE NO HARDSHIP.

WHAT IF HE EXPANDED HIS ROOF LINE A LITTLE BIT TO GET UP THE PERCENTAGE UP? OR WHAT IF HE HAD? DOES HE HAVE PLANS TO EXPAND HIS HOUSE? NO, I KNOW. I GUESS HE CAN TALK ABOUT THAT. I SAID THAT THAT WAS ONE OF THE SCENARIOS THAT WE WORKED THROUGH, AND I GUESS HE SAID HE'D ENTERTAIN IT BECAUSE I GUESS UNDER UNDER THE.

AS WITH APPLYING FOR THE VARIANCE, THERE'S A POSSIBILITY THAT YOU ALL COULD DENY THE VARIANCE. AND THEN FOR HIM TO DO THIS, HE WOULD HAVE TO ENTERTAIN CONNECTING THE CURRENT DETACHED GARAGE TO HIS HOUSE TO GET RID OF THAT, TO MAKE THAT NO LONGER AN ACCESSORY STRUCTURE THAT THEN ADD THE ACCESSORY STRUCTURE TO HIS PROPERTY.

SO THAT IS SOMETHING THAT I GUESS HE I DON'T KNOW HOW MUCH HE'S EXPLORED IT. LIKE I SAID, WE HAD THAT CONVERSATION LAST WEEK. BUT I GUESS JUST KIND OF FROM MY CONTEXT, IF HE IS PLANNING CONSTRUCTION OF ONE THING, I IMAGINE, I MEAN, A HOME RUN FOR SOMETHING THAT YOU'RE NOT PLANNING IS VERY CUMBERSOME.

AND THEN ALSO, WHEN YOU'RE TALKING ABOUT THAT, I'M VERY SENSITIVE TO, WELL, WHY DON'T YOU JUST CONNECT IT TO THE HOUSE? THAT DOES COST MONEY. THAT IS EFFORT. SO, I MEAN, I DON'T WANT TO BE FLIPPANT ABOUT THAT.

RIGHT? AND I KNOW ONE CASE IS NOT PREDICATED UPON ANOTHER, BUT IN 2016, WE JUST APPROVED A VARIANCE.

IS IT? I GUESS I'LL SAY JUST KIND OF I THINK THE TENOR OF THE BOARD HAS CHANGED GREATLY, AND I THINK THERE WAS A PROPENSITY TO SEE A LOT OF A LOT OF GRAY IN AREAS AND KIND OF RECTIFYING THINGS IN THE, IN THE, IN THE ZONING ORDINANCE FROM THE BZA. BUT I GUESS KIND OF THAT'S, THAT IS NOT THE ROLE OF THE BZA.

THE BZA IS JUST MUCH MORE. IS THIS A HARDSHIP? WHAT DOES THIS WHAT DOES THE CODE SAY? NOT NECESSARILY.

[00:15:02]

AND THE REASON I ASK THAT QUESTION, BECAUSE I NOTICED THAT WE WERE MAKING A DISTINCTION THAT THIS WAS A RURAL PROPERTY AND.

YEAH. AND SO AND SO LIKE I SAID, FROM A RURAL STANDPOINT, THIS IS CURRENTLY A NON-COMPLIANT LOT FROM A LOT SIZE STANDPOINT.

SO THE MINIMUM LOT SIZE AND RULE IS THREE ACRE LOTS.

BUT TO ANNEX INTO THE CITY UPON ANNEXATION EVERY SINGLE PROPERTY IS GIVEN THE RULE DESIGNATION, EVEN IF THERE WAS SOMETHING KIND OF IN THE, I GUESS, IMMEDIATE PROXIMITY OF TOWN THAT WAS NOT ANNEXED, IT WOULD BE GIVEN THE DESIGNATION. A HARDSHIP THOUGH.

I WOULD SAY NO. SO SO I GUESS KIND OF LIKE IF YOU YOU CAN REZONE OUT OF THAT, YOU CAN.

BUT I GUESS KIND OF IN THIS SITUATION THAT IT'S NOT REALLY NECESSARY.

LIKE, LIKE SO FOR A LOT OF PEOPLE WHO ARE JUST RESIDENTIAL FOR WHAT THEY WANT TO DO, IF YOU HAVE ANY AMBITIONS TO FARM OR DO ANYTHING, ONE WHY WOULD YOU ANNEX LIKE I MEAN, LIKE LIKE I MEAN, BECAUSE YOU'RE OPTING INTO A LOT OF REGULATIONS THAT YOU DON'T REALLY NEED.

BUT I THINK MR. WATSON, WHEN HE BOUGHT THIS HOUSE, I THINK THIS PROPERTY WAS ALREADY ANNEXED. IT'S NOT LIKE ANNEXED THIS PROPERTY IN HIMSELF.

AND SO I GUESS KIND OF IT'S A NON-COMPLIANT LOT.

AND THE ONLY THING THAT IT AFFECTS WOULD BE THIS BECAUSE I THINK THE FROM AN ACCESSORY STRUCTURE SIZE STANDPOINT, LIKE I SAID, IF YOU MEET THE THREE ACRE MINIMUM, IT DOES NOT APPLY TO YOU ANYMORE. SO THAT'S, THAT IS THAT IS THE OUT OF IT.

AND SO I GUESS EVEN THOUGH HE WOULD STILL BE KIND OF CONSIDERED A LARGE LOT NEIGHBORHOOD, I SAID, THIS IS REALLY KIND OF BARELY A NEIGHBORHOOD WITH HALF THESE HOUSES NOT REALLY BEING IN THE CITY. ANY MORE QUESTIONS? ALL RIGHT. WE'LL OPEN THE MEETING UP FOR THE PUBLIC HEARING.

IF ANYONE WOULD LIKE TO SPEAK, PLEASE COME FORWARD AND MAKE SURE YOU SIGN IN IF YOU HAVEN'T ALREADY DONE SO.

I'M DONNIE SPEARS. I'M HONESTLY DON'T HAVE MUCH TO SAY.

I AM A NEIGHBOR OF HIS, AND I JUST WANTED TO COME IN PERSON TO SAY I DON'T HAVE ANY ISSUES WITH HIM EXPANDING HIS STORE, AND I ACTUALLY HOPE TO DO THE SAME THING MYSELF IN THE FUTURE, SO I'M WANTING TO SEE HOW THE PROCESS WORKS.

THAT'S ALL I GOT. CAN YOU TELL US? CAN WE ASK QUESTIONS? YEAH. OH, WELL, I GUESS. YEAH, YEAH YEAH, YEAH.

SO WAIT UNTIL THE PUBLIC HEARING IS CLOSED. GOTCHA. OKAY.

ALL RIGHT, BEAR WITH ME. I'M MR. WATSON. HELLO.

HEY, MR. WATSON. SO? SO, I GUESS, CAN YOU STOP THE CLOCK? OH. ALL RIGHT. OKAY, SO I IMAGINE. IF SO, YOU HAVE THREE MINUTES TO SPEAK.

BUT I GUESS THEY CAN ASK YOU QUESTIONS FOR CLARITY AFTERWARDS, SO DON'T FEEL LIKE.

I GUESS IF YOU DON'T GET THROUGH ALL OF YOUR STUFF, THEY CAN'T ASK YOU QUESTIONS. THAT WAY YOU CAN STILL KIND OF FURTHER ELABORATE. OKAY, SO IT IS THREE MINUTES. SO SOMETIMES I JUST HAVE TO CUT PEOPLE OFF AND I FEEL REALLY BAD ABOUT IT. SO SO THERE YOU GO.

SO OKAY. SO THIS IS A VERY RURAL PART OF TOWN.

I DON'T KNOW IF Y'ALL DID GET MY EMAIL OR SOME SOME DID, SOME DID NOT.

I'VE INHERITED SOME OLD VEHICLES. MY PASSION IS KEEPING THESE THINGS ALIVE.

MY KIDS ARE PART OF IT. WE RELEASING A BUILDING IN OPELIKA.

WE RECENTLY LOST THAT LEASE AND WE CAN'T AFFORD TO STORE RENT A COMMERCIAL BUILDING TO STORE THESE THINGS.

I CAN'T DO ANY OF THAT. THIS WAS KIND OF OUR ONLY OPTION.

THAT'S THE SMALLEST FOOTPRINT WHERE WE CAN FIT EVERYTHING IN IT, PROTECT IT.

I'VE TALKED TO ALL THE NEIGHBORS. EVERY NEIGHBOR I'VE TALKED TO HAS NO PROBLEM WITH THIS.

AND OUR OUR RESTRICTION IS NOT THE PROPERTY. IT'S THE SMALLNESS OF OUR HOUSE.

IF WE HAD A 4000 SQUARE FOOT HOUSE, WHICH IS NORMAL FOR THESE TIMES AND DON'T LIVE IN A LITTLE HUMBLE HOME WE WOULDN'T EVEN BE HERE.

SO THAT'S THAT'S WHAT NOT MY ARGUMENT IS. BUT MY ARGUMENT IS WE LIVE IN A LITTLE HOUSE.

WE HEAT IT WITH WOOD BURNING STOVE, LIKE WE'RE SIMPLE PEOPLE.

I WANT TO BUILD A REALLY NICE SHOP. IT'S GOING TO MATCH THE HOUSE.

AND WE'RE LIMITED TO OUR SMALL HOME, NOT THE LOT.

SO WITH THAT BEING SAID, I'VE GOT SOME PICTURES OF THE NEIGHBORHOOD OF THE STREET.

I DON'T KNOW IF YOU DID GET THOSE. OH YEAH, YOU CAN EVEN SEE HOW WOODED IT.

SEE IF HE CAN PULL THOSE UP AND ANY QUESTIONS THAT Y'ALL HAVE.

YEAH, I GUESS JUST JUST JUST KEEP TALKING. DON'T DON'T WAIT FOR ME TO DO THAT.

IT WE REALLY DON'T HAVE ANY OTHER OPTION. WE CAN'T AFFORD TO, LIKE, AGAIN, LEASE A BUILDING.

THIS IS THE RESTRICTION. IS NOT THE LOT BE DIFFERENT? IF WE WERE TRYING TO GET OVER THE LOT LINE OR, YOU KNOW.

RIGHT, RIGHT ON THE PROPERTY, WE'RE WELL WITHIN THAT. WE JUST WE WE CAN FIT IT.

IT'S GOING TO BE GREAT. OTHER THAN THE LIMITATION OF OUR 50% RATIO.

[00:20:05]

THERE'S SOME MUCH BIGGER HOUSES OUT THERE TOO? YES. WE HAVE ONE OF THE SMALLEST HOMES IN THE NEIGHBORHOOD.

YEP. IS THERE AN ACCESSORY STRUCTURE THAT YOU CAN BUILD THAT WOULD BE COMPLIANT? YEAH, IT'S 42 SECONDS. I GUESS WE GOT TO FILL UP THE WHOLE THING.

NO, NO, NO, YOU'RE GOOD, I GUESS. YEAH, YEAH.

SO? SO I GUESS IF YOU'RE DONE TALKING, I GUESS. I THINK SO. I WAS ASSUMING HE WAS OKAY.

I THINK YOU GUYS UNDERSTAND WHAT I'M TRYING TO DO HERE.

IT'S GOING TO DO NOTHING BUT HELP THE PROPERTY.

IT'S. WE'RE NOT. IT'S JUST LITERALLY HOUSE MY FAMILY HEIRLOOMS. I MEAN, AS SILLY AS THAT MAY SOUND, IT, THAT'S A BIG PART OF IT.

WORKING ON THESE THINGS AND KEEPING THEM ALIVE IS A BIG PART OF WHAT I WANT TO DO. OKAY.

YES. MY QUESTION IS THERE AN ACCESSORY STRUCTURE THAT CAN BE BUILT THAT WOULD NOT REQUIRE A VARIANCE? HAVE YOU CONSIDERED THAT? CAN YOU EXPLAIN? YES.

SO SO ANY. WE'RE WE'RE ALREADY ANY SORT OF ACCESSORY STRUCTURE WOULD NOT BE ABLE TO HOUSE.

I MEAN, WE COULD COULD DO. I MEAN, SOMEONE MENTIONED A CARPORT THAT'S NOT GOING TO BE ABLE TO HOUSE THESE VEHICLES.

THE GARAGE WE HAVE NOW, IT'S AIR CONDITIONED.

IT'S SET UP. THAT'S WHERE, YOU KNOW, I RESTORE THEM ALL MYSELF, DO ALL MY OWN ENGINE WORK AND THINGS. THAT'S WHERE I'VE BEEN DOING THAT. BUT BUT THIS NEW STRUCTURE WOULD HAVE TO BE ABLE TO HOUSE THESE VEHICLES.

AND THERE'S. I DON'T KNOW OF A POSSIBLE OPTION TO BE ABLE TO DO THAT AND NOT HAVE TO GET A VARIANCE.

SO IS THIS YOUR HOBBY OR YOUR PRIMARY CAREER? NO, MA'AM. 100% HOBBY. OKAY. YEAH, I WISH I COULD MAKE A CAREER OF IT.

NO, JUST A HOBBY. SO BOTH MY GRANDFATHERS WERE BIG IN IT.

MAINLY MY MY FATHER'S SIDE. AND. YEAH, WE JUST WE TRY TO KEEP IT IN THE FAMILY.

HOW MANY VEHICLES DOES THIS? YOU TALKED ABOUT BOATS.

IS IT JUST A BOAT AND A IT'S TWO BOATS AND THEN IT'S A 1930 MODEL A IT'S A 1971 CJ FIVE, 1966 APACHE K10 AND THEN AN OLD VINTAGE AIR COOLED PORSCHE.

SO IT'S 86. IT'S A FOR SALE. NO, SIR. NO, SIR.

IT MIGHT BE IF I CAN'T FIND A PLACE TO KEEP THEM.

BUT THAT'S ABOUT SEVEN VEHICLES. SIX. SEVEN. FIVE.

SIX. YEAH. SO YOU WERE PLANNING ON HAVING LIFTS IN THERE TO KIND OF STACK THEM? NO, SIR, I DON'T I DON'T WANT TO TRY. THE BUILDING HAS TO BE SO TALL.

I'M TRYING TO KEEP THE FOOTPRINT DOWN. GOTCHA. IT'S EASY TO GO UP.

I DON'T WANT TO DO THAT. WITH THAT NEXT TO THE HOUSE, IT WOULD JUST DWARF.

GOTCHA. SO WE'LL DO A REALLY PRETTY, LIKE, DECORATIVE ROLL UP DOORS.

LOOK LIKE AN OLD CARRIAGE HOUSE. IT'S IT'S GOING TO BE BEAUTIFUL.

IT'S JUST GETTING THE OKAY TO DO THIS. AND SO I GUESS WE HAVE THE.

THEY'RE WORKING. THEY'RE WORKING ABOVE THE PICTURES NOW. OKAY. OKAY.

BUT OUR LOTS ARE EXTREMELY WOODED. YEAH. SO IT'S ALL THE PICTURES.

LIKE I SAID, WE'RE JUST WE'RE LIMITED DUE TO THE SMALL HOME, AND WE COULD SAY, ALL RIGHT, WE'RE GOING TO EXPAND THE HOUSE JUST TO GET. BUT THAT DOESN'T MAKE SENSE. I MEAN, WE OBVIOUSLY COULDN'T AFFORD.

YEAH. YEAH. SO. SO I'M SORRY. YEAH. SO IT'S ALL THE IT'S ALL THE PICTURES THAT SAY FRONT YARD, PORCH VIEW, SIDE YARD. YEAH I LABELED. YEAH. IT'S ALL OF THOSE.

YEAH. YEAH. SO IT'S I KNOW, I KNOW YOU CAN'T SEE WHAT THEY'RE DOING BUT.

YOU SEE THE STREET VIEW AS WELL. YEAH I TOOK THAT AS WELL.

SO THAT'S THE, THE THE GARAGE NOW. AND TO ATTACH THAT THERE'S A PROBABLY FIVE FOOT GRADE DIFFERENCE AND THAT JUST THAT WOULD LOOK TERRIBLE I THINK.

THERE YOU GO. SO THE PROPOSED NEW GARAGE WOULD MATCH THE LOOK OF THAT ONE IN THE HOUSE? YES, SIR. ABSOLUTELY. YEAH. YEAH. I'M GONNA DO CEDAR POSTS OUT FRONT AND.

YEAH. YOU EVER USE YOUR CARS IN, LIKE, AUBURN PARADES OR ANYTHING LIKE THAT? NO, SIR. WE DID GO TO A CAR SHOW THIS WEEKEND.

I'M NOT REALLY BIG INTO SHOWING THEM. SO. SO, NO, WE DID GO TO ONE THIS WEEKEND UP IN NORTH GEORGIA WITH SOME FRIENDS, BUT WE DIDN'T. DIDN'T TAKE ANYTHING. THEN MAYBE SOME STREET VIEWS.

SO YOU'RE THE DEAD END OF THE CUL DE SAC. YOU'RE THE LAST HOUSE. THERE'S ONE MORE THAT'S KIND OF IN THE END.

[00:25:06]

SO THE CUL DE SAC STARTS RIGHT AT THAT TELEPHONE POLE ON THE RIGHT. ON THE LEFT WHERE THE ACTUAL TURNAROUND IS.

SO THAT'S LOOKING THAT'S TOOK A FEW SHOTS FROM THE HOUSE BUT FROM THE STREET, BUT THAT IS LOOKING AT THE HOUSE.

THIS WAS TAKEN TWO DAYS AGO, SO YOU CAN SEE THAT THE VISIBILITY IS MINIMAL.

THAT'S PROBABLY THE LAST PICTURE IS PROBABLY WHERE YOU CAN SEE THE MOST DOWN THE DRIVEWAY AND IT'S STILL MINIMAL.

AND THAT'S THE NATURE OF THE WHOLE WHOLE NEIGHBORHOOD. EVERYBODY'S VERY WOODED AND PROTECTED, I GUESS, OFF THE ROAD.

I GUESS, YEAH. IT'S NOT THE IT'S NOT THE LOT CAN'T FIT IT OR THAT WE'RE TRYING TO GET OVER THE IMPERVIOUS RATIO.

IT'S THAT OUR HOME IS SMALL AND JUST CAN'T, CAN'T GET OVER THAT 50%.

ANY OTHER QUESTIONS? OKAY. NO MORE QUESTIONS.

GOOD. IS THERE ANYONE ELSE TO SPEAK? OKAY, WELL, WE WILL CLOSE THE PUBLIC MEETING AND OPEN UP FOR BOARD DISCUSSION. I THINK HE'S BEING PUNISHED FOR HAVING A SMALL HOUSE.

I THINK IT'S STUPID. I AGREE WITH THAT. HE'S GOT A MODEST HOUSE.

IT DOESN'T. YOU DON'T HAVE AN IMPERVIOUS SURFACE ISSUE.

TO MAKE IT WORK, YOU HAVE TO BUILD A BIGGER HOUSE, SPEND MORE MONEY ON FUEL, ENERGY, MATERIALS, ALL TO GET A BIGGER SHED. IT SEEMS BRAIN DEAD.

IT'S A RURAL SITE WITH LOW VISIBILITY. NOBODY CAN SEE THE SHED.

IT WAS ME. I'D GO AND BUILD IT ANYWAY IF IT GOT REJECTED.

THAT MIGHT BE TRUE, BUT I HAVE TO. WE HAVE TO CONSIDER WHAT WE'RE HERE, WHO WE ARE, AND WHAT OUR ROLE IS.

SO, I MEAN, I GET THAT THE HOUSE IS SMALL. I MEAN, BUT IS THERE A HARDSHIP? I MEAN, YEAH, I THINK WE HAVE TO KEEP IT A SMALL HOUSE.

WHO'S PUNISHING HIM? THE CITY IS. ANY OTHER COMMENTS? I MEAN, I JUST THINK WE JUST HAVE TO ALWAYS REMEMBER WHY WE'RE HERE. WE HAVE ZONING RULES FOR A REASON AND WE HAVE TO MAKE DECISIONS AS REQUIRED. AND WE ARE HERE TO SEE IF THERE'S ANY HARDSHIPS.

IS THE NON. I WANT TO GO BACK TO THE NON CONFORMING RURAL DEAL.

SO HE WAS ANNEXED INTO THE CITY BUT IT WAS RURAL.

AND HE HAS A LESS THAN THREE ACRE LOT. YEAH. AND SO LIKE I SAID I THINK THIS IS PROBABLY THE ONLY STIPULATION THAT WOULD PROBABLY AFFECT SOMEBODY WHO HAD A NON COMPLIANT RURAL LOT OUT IN A RURAL AREA, JUST KIND OF FROM A FROM HAVING ACCESSORY STRUCTURES.

LIKE I SAID, I THINK THAT'S THE AND EVEN FROM AN ISR STANDPOINT, NORMALLY WHEN YOU HAVE HOUSES, WHEN YOU HAVE LOTS THIS BIG, LIKE I SAID, I THINK IT'S STILL LIKE 1.3 ACRES.

ISR, ISR REALLY ISN'T A CONCERN. I THINK THIS IS THE ONE STIPULATION THAT IF HE WAS THREE ACRES, THAT WE WOULDN'T BE HAVING THIS DISCUSSION. AND I'M ASSUMING A LOT OF HIS NEIGHBORS ARE.

I MEAN, HE SAID THAT SEVERAL OF HIS NEIGHBORS HAVE LARGE ACCESSORY STRUCTURES BECAUSE THEY PROBABLY NEED THE THREE LOT MINIMUM.

YEAH. AND SO YEAH. SO SO THEN THIS IS ONE OF THE THINGS, THINGS THAT WE DISCUSSED.

AND I KNOW HE HE MENTIONS THAT LIKE THE ACTUAL NUMBER IS DERIVED FROM THE SIZE OF HIS HOUSE.

BUT LIKE I SAID, I MEAN FROM MY PERSPECTIVE, LIKE, I MEAN, WE WOULDN'T LIKE IF IT WAS A THREE ACRE LOT, THIS REALLY WOULDN'T BE RELEVANT. AND I GUESS FROM HIM HAVING THE SMALLEST LOT IN THE, IN THE NEIGHBORHOOD AND I GUESS ALSO COUPLED WITH HIM HAVING THE SMALLEST HOUSE, BUT ALSO, LIKE I SAID, SEVERAL OF THE HOUSES ON THE STREET ARE NOT IN THE NOT IN THE CITY AT ALL.

AND SO, SO IF SOMEONE SO FROM MY PERSPECTIVE, FROM ANYONE OUT THERE WHO IS LIKE, MAYBE I WANT TO ANNEX INTO THE CITY OF AUBURN AND YOU HAVE OTHER INTERESTS THAT DO NOT COMPLY WITH THE CITY OF AUBURN STANDARDS.

STANDARDS DON'T DO IT. LIKE LIKE LIKE JUST DON'T DO IT.

LIKE YOU'RE OPTING INTO WAY MORE REGULATIONS.

SO YEAH, LIKE I SAID, I THINK FROM A RURAL STANDPOINT, FROM A NON-CONFORMING STANDPOINT, FROM A LOT SIZE, I THINK THE ONE, THE ONE THING THAT HE IS ASKING FOR A VARIANCE FOR, I THINK IS THE ONLY THING THAT THAT IS YOU'RE ACTUALLY IMPACTED BY IT, JUST YOU WOULDN'T BE ABLE TO YOU WOULD BE HELD TO THE STANDARD OF NOT BEING ABLE TO EXCEED 50% OF YOUR SQUARE FOOTAGE OF, OF THE PRIMARY STRUCTURE. OKAY. ANY QUESTIONS? SOMEONE LIKE TO PUT A MOTION ON THE. I'LL MAKE A MOTION TO APPROVE BZ 2025006.

APPROVE MEANS. YES. GIVEN VARIANCE. GOOD. SECOND, WILL FALKNER.

YES. MARY. BOYD. YES. LETICIA. SMITH. NO. MARTY.

HEFFRON. YES. ELIZABETH STRAIN. YES. EXCUSE ME.

THE SUPERNUMERARIES HAVE NOT BEEN CALLED TO SERVE, SO THEY CAN'T VOTE.

OH. DO WE HAVE ENOUGH? HOW MANY YOU HAVE FOR VOTING MEMBERS?

[00:30:05]

OKAY. OKAY. LET'S DO IT AGAIN. OKAY. SO HOLD ON.

SO I GUESS FOR THIS THOUGH, STEPHEN. SO THERE WOULD HAVE TO BE.

SO IF THERE ARE FOUR. RIGHT. LIKE THE THE CHAIRMAN STILL HAS TO CALL THE SUPERNUMERARIES TO SERVE BEFORE THEY CAN EXERCISE THE POWER OF A REGULAR MEMBER.

ALL RIGHT. COOL. OKAY. SO FOR THIS AND I GUESS WHY THIS IS RELEVANT.

BECAUSE IF, IF THEY NEED LIKE YOU NEED FOUR VOTES PERIOD.

IT'S NOT LIKE IF YOU BECAUSE IF A QUORUM FOR THE BYLAWS IS FOUR AND THAT IS.

BUT THEN YOU WOULD NEED ALL YOU NEED A UNANIMOUS VOTE FOR VARIANCE. ALL RIGHT.

SO MY POINT WOULD BE YOU WOULD NEED TO YOU NEED TO CALL ONE OF THEM UP.

CAN I OKAY. CAN I DO THAT AT THIS POINT. I BELIEVE IT'S TWO.

SINCE YOU'VE ALREADY CONSIDERED THE ITEM, I BELIEVE IT WOULD BE TOO LATE FOR THIS ITEM. OKAY. OKAY.

WE CAN'T REWIND THE TAPE AND REVOTE. YEAH, I GUESS THAT WOULD BE.

LIKE, WELL, I MEAN, YOU COULD REVOTE. BUT AGAIN, THE SUPERNUMERARIES WOULD NOT BE ABLE TO PARTICIPATE SINCE THEY WERE NOT CALLED TO SERVE PRIOR TO THE OR. ONE OF THE SUPERNUMERARIES WAS NOT CALLED TO SERVE PRIOR TO THE ITEM COMING BEFORE YOU.

SO WHOSE FAULT IS THAT? THAT IS THE CHAIR'S FAULT.

SO. ALL RIGHT. SO LIKE I SAID, SO ON ON VARIANCES, ON VARIANCES YOU NEED FOR YOU NEED FOR AFFIRMATIVE VOTES PERIOD.

WHETHER IT'S FOR MEMBERS, WHETHER IT'S FIVE. Y'ALL CAN REVOTE OR YOU CAN MOVE FORWARD WITH, WITH WITH THE VOTE THAT I GUESS YOU CAN'T CALL BECAUSE HOW DID SHE KNOW THAT SHE NEEDED TO CALL A SUPERNUMERARY? YOU KNOW WHAT I MEAN? I PROBABLY SHOULD HAVE KNOWN. WELL, HOW WOULD YOU KNOW? WELL, YOU DON'T KNOW. IF YOU DON'T KNOW, IT'S IT'S ALL IN THE.

I WOULD HAVE KNOWN THEY'RE IN HERE. I ASSUME THEY VOTE.

THEY'RE IN HERE. SO WHAT DO WE WHAT DO WE WANT TO DO? STEPHEN. WELL, I MEAN, I GUESS WE'VE HAD A VOTE.

THE VOTE? UNLESS SOMEBODY WANTS TO MAKE A MOTION TO RECONSIDER.

I MAKE A MOTION TO RECONSIDER. I'LL SECOND IT.

WOULD HAVE TO BE YOU WERE IN THE. YOU VOTED YES, THOUGH, SO YOU COULD MAKE THE MOTION. YEAH. BUT THEN AGAIN.

AGAIN, THE VOTE, THE PEOPLE THAT VOTING WOULD BE THE SAME.

YEAH. AND THEN PEOPLE WHO VOTED WOULD NOT CHANGE.

RIGHT, RIGHT. RIGHT, RIGHT. SO THEN AFTER THAT, THEN I THINK WE WOULD NEED TO CALL UP A SUPERNUMERARY FOR THIS FOR THE SECOND VOTE.

NOT FOR THIS VOTE, NOT NOT FOR THIS ITEM, FOR THE SECOND ITEM ON THE AGENDA FOR THE SECOND.

YEAH YEAH YEAH YEAH YEAH YEAH. THERE WE GO. OKAY.

SO. MARTY. MARTY. SO MARTY MOTIONED WILL, SECONDED IT.

OKAY. WILL. FALKNER. YES. MARY. BOYD. YES. LETICIA.

SMITH. YES, I MADE A MISTAKE. OKAY. YOU'RE GOOD.

THANKS. OKAY? YES. MARTY. HEFFRON. YES.

ALL RIGHT. YES. OKAY. SO NOW WE'RE ON TO THE SECOND ITEM.

[2. Variance to Section 715 (B) and 715(C), Nonconforming Signs, of the City of Auburn Zoning Ordinance]

YES. FOR THE RECORD, I WOULD LIKE TO CALL SUPERNUMERARY.

LIZ. STRAIN TO THE BZA VOTING PROCESS. AWESOME.

I'M JUST TEASING YOU. YOU KNOW THAT. I WOULDN'T KNOW EITHER.

ALL RIGHT. SO THIS ITEM IS A REQUEST FOR A VARIANCE TO SECTION 715.

HOLD ON ONE SECOND. JUST FOR THE RECORD, I WANT TO CONFIRM FOR THE APPLICANT THAT PASSED FOR HIM. YEAH YEAH YEAH YEAH YEAH YEAH YEAH YEAH.

HE DIDN'T KNOW. I'M SORRY. EXCUSE MY IGNORANCE.

NO. YOU'RE GOOD. THANK YOU. ALL RIGHT. SO YOU'RE GOOD.

SO THIS IS AN ITEM FOR A REQUEST FOR VARIANCE TO SECTION 715 ITEMS B AND C OF THE ZONING ORDINANCE.

THIS PROPERTY IS LOCATED AT 2416 SOUTH COLLEGE STREET, WHICH IS ON THE OFF RAMP OF I-85 NORTH.

AND IT'S LOCATED IN THE COMPREHENSIVE DEVELOPMENT DISTRICT. THE APPLICANT HAS STATED THAT THEY ARE LOOKING TO REPLACE THE SIGN STRUCTURE AND SIGN FACE TO ALLOW FOR EASIER MAINTENANCE AND UPKEEP OF THE NONCONFORMING SIGN.

ITEM B OF SECTION 715 OF THE ZONING ORDINANCE STATES THAT SIGNS CANNOT BE STRUCTURALLY ALTERED IN ORDER TO PROLONG THE LIFE OF THE NONCONFORMITY, EXCEPT TO MEET SAFETY REQUIREMENTS AS SPECIFIED BY THE BUILDING OFFICIAL OR ENGINEER.

AND THEN ITEM C IS THAT SIGNS CANNOT BE ALTERED AS TO INCREASE THE DEGREE OF NONCONFORMITY WHICH INCLUDES THE REPLACEMENT OF SIGN FACES.

BILLBOARDS ARE, ALTHOUGH THEY'RE NOT EXPLICITLY STATED IN THE ZONING ORDINANCE AS A NONCONFORMING SIGNS.

OFF PREMISE SIGNS ARE PROHIBITED BY SECTION 604 OF THE ZONING ORDINANCE, SO THAT'S WHY THE BILLBOARD IS CONSIDERED A NONCONFORMING SIGN.

[00:35:11]

AS A NEW SIGN. SO I CAN ANSWER ANY QUESTIONS IF YOU HAVE THEM.

WHY IS HE NEEDING TO EXPAND IT? TO PROLONG THE LIFE? HE SAID, I THINK THE APPLICANT STATED THAT IT'S TO GIVE HIM THE A BETTER ABILITY TO MAINTAIN AND OPERATE TO A REASONABLE STANDARD.

SO IT CAN BE TURNED INTO A LED TYPE OF BILLBOARD OR THE SAME TYPE OF STRUCTURE, SAME TYPE OF MATERIAL, THAT KIND OF THING. SAME TYPE OF STRUCTURE. SAME TYPE, TYPE OF MATERIAL.

IF OTHERWISE STATED, THE APPLICANT CAN MENTION THAT.

I GUESS I'M NOT 100% CLEAR ABOUT THE ALTERATIONS THAT ARE BEING REQUESTED.

A REPLACEMENT TO THE SIGN FACE, WHICH I BELIEVE IS THIS PORTION UP HERE.

AND I GUESS THE STRUCTURE AS WELL. SO THE ENTIRE THING IS BEING REPLACED FOR TAKING IT THE WHOLE THING DOWN? I BELIEVE SO THE APPLICANT CAN MENTION THAT IF I'M INCORRECT, BUT WHAT WAS THE LAST THING YOU SAID? THE APPLICANT CAN CLARIFY ON THAT IF I'M INCORRECT ON THAT, BUT I BELIEVE THEY'RE TAKING IT DOWN AND THEN PUTTING IT BACK UP.

OKAY. SO THIS IS CURRENT AND WE DON'T HAVE ANYTHING THAT SHOWS US WHAT THE FUTURE STATE WOULD LOOK LIKE.

NO, MA'AM. OKAY. SO HOW LONG HAVE THEY OWNED THAT SIGN? I'M NOT SURE OF THE OWNERSHIP. I KNOW LAMAR, I BELIEVE, OWNS IT.

BUT IT'S A LITTLE HAZY ON. ON WHAT? I KNOW SOMETIMES LAMAR DOES RENT SPACE LAND FOR THEIR SIGNS.

DO YOU KNOW IF THIS IS A RENTED SPACE? HAVE WE HEARD FROM THE LANDOWNER? THE LANDOWNER IS LEDIGA, LLC. THANK YOU.

ANY OTHER QUESTIONS FOR THE PLANNING TEAM? OKAY.

WE WILL NOW OPEN THE MEETING UP FOR THE PUBLIC.

YES. I'M ACTUALLY DID YOU SIGN IN? I DIDN'T YET.

OKAY. KEVIN TOLD ME I COULD DO IT AFTER YOU CAN.

YOU CAN. ABSOLUTELY YOU CAN. I'M JOHN BENNER.

THANK YOU, JOHN, FOR ALLOWING ME TO COME BEFORE YOU TODAY. I'M CONSULTING WITH LYDIA.

I'M A AUTHORIZED REPRESENTATIVE FOR THEM. I'M CONSULTING WITH THEM.

I'M IN THE REAL ESTATE BUSINESS. AND THE CLARITY Y'ALL GOT TO THE THE POINT.

THE OWNER OF THE LAND DOES NOT OWN THE SIGN. AND SO HE IS HINDERED BY NOT BEING ABLE TO REPLACE THE SIGN, TO TAKING CARE OF THE SIGN OR DOING ANYTHING WITH THE SIGN.

AND SO THE OBJECTIVE IS FOR HIM TO BE ABLE TO GO IN AND PUT HIS SIGN IN.

AND IT'S NOT AT THIS POINT. AND I THINK EVEN ON A REPLACEMENT, IT WOULD HAVE TO COME THROUGH THE SAME PERMITTING ISSUES AND STANDARDS. YEAH, WE CAN TALK ABOUT IT WHEN YOU'RE DONE TALKING.

YEAH, YEAH. NORMALLY LIKE THIS ISN'T LIKE A Q AND A, SO YOU JUST KIND OF HAVE TO GET THROUGH WHAT YOU'RE SAYING.

YEAH. YEAH. SO, SO AS TO YOUR QUESTION, MISS MR. SMITH. IT. YES. IT'S GOING TO BE REPLACED. AND YOU DON'T HAVE IDEA.

NOW, OTHER THAN THE DIMENSIONS WILL BE THE SAME, BUT THEY WOULD STILL THAT REPLACEMENT SIDE WOULD HAVE TO GO THROUGH THE PROCESS AND BE IN ACCORDANCE WITH ALL YOUR CURRENT. THE ONLY THING THAT THREW ME OFF A LITTLE BIT, AND I THINK HE EXPLAINED IT TO ME, BUT WE DIDN'T THINK WE WERE ASKING TO PROLONG OR INCREASE THE DEGREE OF NONCONFORMITY OF THE SIGN.

THAT'S REALLY NOT AN OBJECTIVE. I THINK IT I THINK IT'S THE THE REPLACEMENT MAKES IT NONCONFORMING, I GUESS. SOUNDS LIKE I'M TRYING TO DO SOMETHING MORE OR WORSE PER THE CODE, AND THAT'S NOT THE OBJECTIVE OF THIS.

HE IS SIMPLY WANTING TO, SINCE HE DOES NOT OWN THAT SIGN, IT'S ON HIS PROPERTY.

AND I THINK SOME THINGS HAVE OCCURRED WITH THE PROPERTY SINCE HE PURCHASED IT.

I'M NOT SURE ALL THE HISTORY AND I SHOULD BE.

I APOLOGIZE, BUT HE IS SIMPLY WANTING TO BE ABLE TO OWN THAT SIGN AS IT SITS ON THE PROPERTY.

IN ORDER FOR HIM TO DO THAT, HE WOULD HAVE TO BE ABLE TO REPLACE IT.

[00:40:04]

SO WE'RE SAYING THAT YOU DON'T OWN THE SIGN. YOU OWN THE LAND AND YOU HAVE TO REPLACE IT.

YOU HAVE TO OWN THE SIGN. SO I'M JUST TRYING TO UNDERSTAND WHAT HAPPENS FIRST, SECOND, THIRD BECAUSE IT SOUNDS LIKE WE'RE GETTING READY TO GO INTO THEN IT'S GOING TO HAVE TO BE ANOTHER STEP. SO WHAT IS THE SEQUENCE OF EVENTS TO MAKE THIS TO TO TO JUST EXPLAIN THAT TO ME.

AND I DON'T KNOW WHO YOU WANT ME TO I DON'T KNOW.

OH YEAH. IT'S ALL YOU. WELL, I MEAN, MY UNDERSTANDING IS SIMPLY THAT IF WE GOT THE VARIANCE TO REPLACE IT, THEN WE WOULD HAVE TO COME BACK TO THE CITY AND GO THROUGH THE ENTIRE PERMITTING PROCESS.

YEAH, SO I DON'T USE IT. AND THEN THE CITY GETS TO SAY IT IS GOING TO COMPLY WITH WHAT THE VARIANCE STATES THAT THAT'S WHY WE INCLUDED DIMENSIONS AND EVERYTHING. YEAH. AND SO AND SO I GUESS KIND OF HOW VARIANCES WORK.

YOU GUYS GRANT VARIANCES FOR THE MINIMUM OF WHAT IS REQUIRED.

SO NORMALLY WHAT THAT WOULD MEAN IF SOMEBODY NEEDED A VARIANCE KIND OF LIKE LAST MONTH OF TWO FEET ON THE MINIMUM LOT WIDTH OR KIND OF LIKE MR. WATSON SITUATION, HE NEEDED TO EXCEED THE 50% RULE BY, YOU KNOW, HOWEVER MANY PERCENTAGES OR WHATEVER.

LIKE THAT'S STRICTLY DEFINED. I GUESS THAT WOULD BE DEFINED IN THIS KIND OF WHAT THIS IS.

I GUESS FOR THOSE OF YOU WHO HAVE NOT LOOKED AT OUR VERY RIVETING AND ENGAGING SIGNED ORDINANCE, IT IS SIGNS DO NOT REGULATE CONTENT SIGNS. OUR SIGN ORDINANCE REGULATES SIZE AND ALSO LOCATION OF JUST KIND OF LIKE WE WERE LIKE REED MENTIONED, YOU CANNOT HAVE AN OFF SITE PREMISE IF YOU CANNOT HAVE AN OFF SITE SIGN IN THE CITY OF AUBURN, PERIOD, ALL THE ONES THAT ARE ARE NON-CONFORMING AND WHEN THEY GO DOWN, THEY CANNOT GO BACK.

AND SO THAT IS WHAT HE IS TALKING ABOUT. SO IF YOU SO PRETTY MUCH EVERY SINGLE BILLBOARD IN TOWN, EVERY SINGLE OFF SITE PREMISE SIGN IN TOWN, IF IT IS HIT BY A CAR, IF IT IS STRUCK BY A TORNADO OR WHATEVER, YOU CANNOT BUILD IT BACK.

AND SO WHAT THEY'RE ASKING FOR IS THEY WOULD LIKE TO VOLUNTARILY TAKE THIS DOWN AND THEN PUT ONE BACK.

AND SO FROM SO THAT'S WHAT THE VARIANCE IS FOR.

BUT THEN I GUESS ON THE PERMITTING SIDE ON OUR END I DON'T KNOW HOW WE WOULD PERMIT THIS.

I GUESS WE WOULD NEED VERY STRICT DIMENSIONS OF WHAT THEY COULD BUILD BECAUSE LIKE I SAID, I MEAN, ON OUR END, THIS ISN'T WE WOULDN'T ALLOW THIS. THERE'S NO SAFETY ISSUES WITH THE SIGN, THOUGH, RIGHT? YEAH, I GUESS NOT. NO. SO, I MEAN, IF THEN ANYBODY COULD JUST GO, HEY, LET'S JUST TEAR OUR SIGN DOWN SO IT CAN LAST EVEN LONGER.

YEAH. WELL, SO AND I GUESS KIND OF FROM, FROM, FROM MY PERSPECTIVE, I MEAN, I DON'T KNOW IF YOU'VE, I'M SURE YOU GUYS HAVE WRITTEN ON OPELIKA ROAD. I'M SURE YOU GUYS HAVE RIDDEN ON NORTH DONOHUE AND SEEN SOME OF THE OTHER BILLBOARDS THAT ARE NOT THESE. I WOULD SAY THIS THIS SOUNDS PROBABLY PRETTY FAIR CONDITION. I WOULD SAY COMPARED TO SOME OF THE ONES THAT ARE ON OLDER, OLDER WOODEN STRUCTURES THAT ARE NOT STEEL. SO I GUESS I CAN'T I'M NOT A STRUCTURAL ENGINEER OR ANYTHING, BUT I MEAN, JUST JUST FROM MY LAYMAN'S EYE INSTEAD OF, LIKE, A SMALL PLANE HITS HIS SIGN, IT CAN'T GO BACK UP. IT GETS HURT. AND IT GETS TORN UP.

THAT SIGN CAN'T GO BACK UP. CORRECT. RIGHT. SO THE.

IT'S OFF SITE BECAUSE THE LANDOWNER, HE DOESN'T OWN THE LAND THAT IT'S ON.

NO, HE OWNS THE LAND. YEAH. SO WHAT? THIS THIS IS OFF PREMISES COMMERCIAL ADVERTISEMENT.

THE PRODUCTS ADVERTISED ON THAT BILLBOARD ARE NOT SOLD ON THE PREMISES.

SO I THINK TO ANSWER THE PREVIOUS QUESTION, THE REASON THEY ARE COMING. THE OWNER IS COMING BEFORE THE BOARD AND NOT THE SIGN OWNER IS BECAUSE THE ZONING APPLIES TO THE PROPERTY OWNER. AND SO THE PROPERTY OWNER HAS TO GET THE VARIANCE BEFORE THE SIGN OWNER COULD THEN PROCEED TO REBUILD THE SIGN IF IT WAS TORN DOWN.

SO THE SO MAINTAINING THE DESIGN ITSELF LIKE THEY ARE GOING TO RETAIN OWNERSHIP OF IT.

SO I MISSED THE FIRST ONE. LAMAR IS GOING TO RETAIN THE OWNERSHIP OF THE SIGN.

NOT IF WE GET THE VARIANCE. SO AND SEE I WOULD LIKE TO OWN HIS OWN.

THEY WANT TO OWN THE SIGN. THAT'S RIGHT. AND THE SIGN'S NOT GOING TO BE.

THE SIGN'S NOT GOING ANYWHERE UNLESS THE PLANE HITS IT.

RIGHT, RIGHT. IT'S JUST A MATTER OF WHO OWNS THE SIGN.

OKAY. AND THE INABILITY TO REPLACE IT IN HIS MIND IS A HARDSHIP BECAUSE IT'S HIS PROPERTY.

HE CAN'T REALLY DO ANYTHING WITH THAT SIGN BECAUSE HE CAN'T REPLACE IT.

SO ARE WE TRYING TO MAKE A DISTINCTION BECAUSE IT'S A REPLACEMENT VERSUS TO YOUR AIRPLANE HITTING AND IT FALLING DOWN? I CAN'T PUT IT BACK UP. SO ARE WE TRYING TO DISTINGUISH BETWEEN THIS REPLACEMENT SO IT'S NOT COMING DOWN.

I MEAN I FEEL LIKE WE'RE WE'RE YEAH, I GUESS SO.

I THINK I THINK WHAT, WHAT THE BOARD IS ASKING FOR IS JUST CLARITY ON KIND OF WHAT YOU'RE ASKING.

AND I GUESS KIND OF. WHAT WHAT IS YOUR HARDSHIP? WE ARE NOT ASKING FOR THIS. WE ARE ASKING TO REPLACE THE SIGN.

OKAY. THAT IS WHAT WE'RE ASKING. OKAY. SO THE DEFINITION OF REPLACEMENT, WHEN YOU'RE TALKING ABOUT A SIGN, THE SIGN IS THE STRUCTURE. THIS WOODEN STRUCTURE IS THERE.

[00:45:03]

OR IS IT JUST THE STRUCTURE. AND I CAN REPLACE A PIECE OF PAPER IN A SHEET PROTECTOR FOR EXAMPLE.

SO WHAT IS WHAT I'M SO I'M LOOKING BECAUSE I THINK THAT'S THE DIFFERENTIATE THE HOW WE DIFFERENTIATE BECAUSE SIGNS BECAUSE I GUESS SO.

SO YOU'RE NOT TALKING ABOUT REPLACING THE ADVERTISEMENT. YOU'RE TALKING ABOUT REPLACING THE SIGN ENTIRELY. THAT WAY IT CHANGES OWNERSHIP. THE TOTALLY, WHICH WOULD I ASSUME IS GOING TO REPLACE THE ADVERTISEMENT.

BUT THAT'S NOT WHAT I'M ASKING. YEAH, BECAUSE LAMAR DID TAKES THAT CORRECT? YEAH YEAH YEAH YEAH. IF THE OWNER NOW GETS THE SIGN.

SO SO THIS PASSES PER SE. THAT'S RIGHT. AND LAMAR WILL TAKE YOUR SIGN DOWN AND THEY WILL PUT A SIGN RIGHT BACK UP WHERE LAMAR HAD THEIRS.

NEXT DAY, 24 HOURS. HE SAID GIVE HIM 24 HOURS.

YEAH. AND SO AND SO AND SO I GUESS KIND OF HAPPEN.

IS THERE WHAT'S THE CURRENT LEASE STANDARD FOR LAMAR'S? IS THAT CURRENTLY IN PLACE FOR MULTIPLE YEARS.

BUT I DON'T I DON'T HAVE THAT LEASE. YEAH. AND SO AND SO I GUESS KIND OF TO CLARIFY FOR EVERYBODY THE THE ADVERTISING ON THE SIGN CAN BE CHANGED.

ADVERTISING ON THE SIGN IS CURRENTLY BEING CHANGED IS MAINTAINED BY LAMAR.

AS I SAID, ALL OF THIS WOULD BE WOULD BE TO ALLOW THE SIGN TO CHANGE OWNERSHIP.

PRETTY MUCH BECAUSE I'M A MICHAEL JORDAN FAN.

WHAT? OKAY. WHY IS CHANGING OWNERSHIP? IN THE VARIANCE DISCUSSION? BECAUSE IF THEY WANT TO, THEY WANT TO TAKE DOWN THE EXISTING STRUCTURE.

THEY WANT THEY WANT TO REMOVE THE CURRENT SIGN AND THEN PUT A NEW ONE IN ITS PLACE.

AND THEY CAN'T THEY CAN'T WE CAN'T DO THAT. THEY CAN'T BUILD A NEW ONE.

I UNDERSTAND OKAY. AND SO THEN, SO THEN I'M JUST WANTING TO BE CLEAR.

SO THEN I DON'T WANT US TO TALK ABOUT WE JUST CHANGING OWNERSHIP.

BECAUSE IF A SIGN COMES DOWN IT CAN'T GO BACK UP.

SO THAT'S A FACT. YES. CORRECT. THEN WE START CHANGING THINGS AND WE START TALKING ABOUT WHAT IS REALLY ABOUT THE OWNERSHIP.

AND IT'S ABOUT REALLY A PERSON. SO IT'S NOT A BIG FAT DEAL. BUT AT THE ULTIMATE, AT THE END OF THE DAY, IF A SIGN GOES DOWN IT CAN'T GO BACK UP. THEY WANT THE VARIANCE TO PUT IT BACK UP, UNLESS WE GIVE THE VARIANCE TO DO AGAIN TO GO AGAINST WHAT THE CODE IS.

OKAY. ALL RIGHT. AND WHEN THEY BRING IT BACK UP THEY WOULD CHANGE OWNERSHIP. OKAY.

GOT IT. ALL RIGHT. YEAH. ANY MORE QUESTIONS FOR HIM? ARE WE STILL IN THE PUBLIC HEARING? I GUESS WE'RE STILL IN THE PUBLIC HEARING. YES, IT COULD BE SOMEONE ELSE, THOUGH. YES, UNLESS YOU HAVE. YES. WE HAVE NO MORE QUESTIONS FOR YOU.

SO I'M JUST GOING TO LET ME JUST BEAT ON THIS A LITTLE BIT MORE. SO THE PUBLIC HEARING IS WOULD NEED TO BE CLOSED BEFORE THIS.

SO WE'LL CLOSE THE PUBLIC HEARING OPEN FOR BOARD DISCUSSION.

SO ANYBODY ELSE THAT WANTED TO. I'M ASSUMING ANYBODY ELSE.

NO ONE MOVED. OKAY. SO IF THE SIGN RUSTS AND STARTS TO GET DANGEROUS, THEN THE CITY WILL COME IN AND TAKE IT DOWN.

YEAH. AND SO. SO I GUESS THAT THAT PROBABLY A QUESTION FOR STEVEN.

THAT WOULD BE A THERE IS A SEPARATE PROCESS TO DEAL WITH THAT.

THAT'S NOT BEFORE THIS BOARD'S PURVIEW. OKAY.

LET'S SAY A CAR HITS IT AND IT'S OBVIOUSLY DAMAGED.

IT'S LEANING. IT'S GOT TO COME DOWN. RIGHT. SO THERE'S ONE IS AN ACCIDENT.

ONE IS JUST NATURALLY FALLING APART. SO BEFORE IT STARTS TO FALL APART, IF I'M THE SIGN OWNER, CAN I SAY, HEY, CITY OF AUBURN. I'D LIKE TO REPLACE THIS SIGN WITH A SAFE SIGN.

AND JUSTICE COULD CORRECT ME IF I'M WRONG. BUT AGAIN, BECAUSE THIS IS A LEGAL NONCONFORMITY, THERE IS A 50% THRESHOLD. SO IF IT IF THE VALUE OF THE REPAIR OR REPLACEMENT EXCEEDS 50% OF THE VALUE, THEN THEY WOULD NOT BE ALLOWED TO MAKE THOSE REPAIRS OR TO MAKE THAT.

AND IF IT COMES DOWN COMPLETELY, THEY WOULD NOT BE ABLE TO MAKE PUT UP A REPLACEMENT UNDER THE CURRENT ZONING.

YEAH. SO SO SO I GUESS THEY WOULD BE ABLE TO MAINTAIN THE SIGN AND KIND OF FIX IT UP UNTIL THE 50% THRESHOLD.

THAT WAS ALSO ANOTHER THING THAT WE DEALT WITH AT THE LAST MEETING. BUT REALLY THIS IS JUST ABOUT LIKE I SAID, IF IF IT WERE HIT AND TAKEN COMPLETELY DOWN, THEY WOULD NOT BE ABLE TO PUT THE SIGN BACK UP. IF THEY WOULD BE ABLE TO MAINTAIN THE SIGN AND DO REGULAR MAINTENANCE AND THINGS LIKE THAT, AND DO, I GUESS, LIKE A EXTENSIVE REPAIR, AS LONG AS THEY DID NOT EXCEED THE 50% TOTAL VALUE OF THE EXISTING SIGN, IF THEY TAKE THIS DOWN IN ONE DAY AND PUT UP THE OTHER ONE, THEN IT'S JUST BLATANTLY NON COMPLYING WITH THE RULES. CORRECT. JUST KEEPING EXACTLY THE SAME.

RIGHT. YES. CORRECT. AND SO SO THAT'S THAT'S KIND OF THE THING I MEAN FOR ALL ALL THE ALL THE BILLBOARD OWNERS, ALL THE OFF SITE SIGN PEOPLE IN TOWN KNOW SOMEONE CAME IN ASKING ABOUT THE SIGN ON OPELIKA ROAD THAT'S BEEN DOWN FOR SEVERAL YEARS.

LIKE, HEY, I'D LIKE TO PUT THE SIGN BACK UP. IT WAS A HARD NO. THERE WAS NO DISCUSSION ABOUT IT. OKAY. AND SO AND SO YEAH, I THINK ALL OF THE, ALL THE BILLBOARD OPERATORS IN TOWN ARE KIND OF AWARE THAT THIS IS THAT THESE ARE THE STAKES IN AUBURN, AND THAT'S WHY A LOT OF THEM LOCATE OUTSIDE OF THE CITY LIMITS. SO BUT IT'S IT WOULD STILL BE CONSIDERED EXPANDING A NON-CONFORMING USE BY TAKING IT DOWN.

BUT THEY COULD POTENTIALLY BUILD THE SIGN A LITTLE BIT BIGGER.

[00:50:01]

I SUSPECTED ALL THE SIGN OWNERS ARE LOOKING AT THIS SESSION RIGHT NOW, TRYING TO SEE WHETHER WE GOT ANY OTHER QUESTIONS COMING.

I MEAN, ANY MORE DISCUSSION? YOU WOULD LIKE TO PUT A MOTION ON THE TABLE.

AS A REMINDER, REGARDLESS OF HOW Y'ALL FEEL ABOUT VOTING, ALL MOTIONS MUST BE IN THE AFFIRMATIVE.

SO ALL MOTIONS ARE MOTION TO APPROVE SAID ITEM, WHATEVER THE ITEM IS, AND THEN YOU CAN.

YOU DON'T HAVE TO VOTE IN LINE WITH THE MOTION EVEN IF YOU MAKE THAT MOTION. BUT ALL MOTIONS NEED TO BE IN THE AFFIRMATIVE. TRYING TO FIGURE HOW IS THAT SAID IN MY HEAD? MOTION TO APPROVE BZ (200) 202-5007. SECOND. ALL RIGHT. WILL FALKNER. NO. MARY BOYD. NO. LETICIA SMITH.

NO. MARTY. HEFFRON. NO. ELIZABETH. STRAIN. NO.

ALL RIGHT. ALL RIGHT. SO THAT IS OUR LAST CASE OF THE EVENING.

ARE THERE ANY ANNOUNCEMENTS? STAFF COMMENTS? MAN, I REALLY WISH I COULD TELL YOU I WOULD NOT SEE YOU GUYS FOR ANOTHER SEVERAL MONTHS,

[OTHER BUSINESS]

IT'S FUN STUFF. SO SO YEAH, I MEAN, THE I DON'T KNOW WHAT'S GOING ON, AND I NEED TO SEND A VARIANCE.

I NEED TO SEND, SEND AN EMAIL OUT TO SOME, SOME FOLKS THAT THEY PROBABLY JUST NEED TO APPLY FOR A VARIANCE FOR SOME STUFF.

SO THAT IS WHERE WE ARE. I KNOW WE HAD A BIT OF A SEVERAL MONTH HIATUS, BUT THAT THAT HIATUS IS OVER.

YES, IT'S OBVIOUSLY OVER. OKAY. ALL RIGHT. SO THIS MEETING IS ADJOURNED AT 5:22 P.M..

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.