[ROLL CALL] [00:00:13] ZONING ADJUSTMENT MEETING FOR JANUARY 7, 2026 TO ORDER. I HOPE YOU HAD A GREAT HOLIDAY AND ARE LOOKING FORWARD TO AN AWESOME 2026 WITH THE BOARD OF ZONING ADJUSTMENT LEASE DO THE ROLL CALL. >> WILL FAULKNER , MARY BOYD, LATICIA SMITH , MARTY HEFFREN , CHARLES BERRY ? >> BEFORE WE MOVED TO THE APPROVAL, I WOULD LIKE TO CALL ELIZABETH STRANE , AND SEE IF WE COULD GET THAT IN THE RECORD FOR [APPROVAL OF MINUTES] THE ROLL CALL. >> LATICIA SMITH ? MARTY HEFFREN ? >> HERE. >> WE HAVE THE MEETING MINUTES , FROM NOVEMBER 5TH, 2025, IF SOMEONE COULD APPROVE THE MINUTES. >> MOVED. >> SECOND. [CHAIRMAN’S OPENING REMARKS] >> WILL MOVE TO THE CHAIR 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 SUPERNUMERARY'S ONLY VOTE WHEN NECESSARY , AND HAVE A CONSTITUENCY OF FIVE MEMBERS WHEN POSSIBLE. ACCORDING VOTE OF FOUR MEMBERS IS REQUIRED TO APPROVE . ONLY REGULAR MEMBERS CAN VOTE, UNLESS CALLED UPON BY [1. Section 511.03 (E) and (H), Accessory Use Limitations, in the City of Auburn Zoning Ordinance] THE CHAIR. WE HAVE ONE SUPERNUMERARY HERE TODAY, SO WE SHOULD BE GOOD TO GO, THANK YOU. ALL RIGHT, NEW BUSINESS, BZ -2025- 016. >> I WANTED TO INTERJECT TWO THINGS, WE ARE GOING TO NEED, AT THE END OF THIS, HAVE AN ELECTION TO ELECT OFFICERS AND WE WILL HAVE A SPECIAL HEARING ON TOP OF THIS , RELATED TO ANOTHER PART, ANOTHER CASE. WE WILL GET TO THAT AFTER THE AGENDA. >> THAT WAS NOT IN THE PACKET, CORRECT? >> IT WAS NOT. OKAY, A SPECIAL HEARING? >> YEAH, SPECIAL HEARING, INTERPRETATION. >> WE WILL HE GO TO THE FIRST ORDER OF BUSINESS. THANK YOU. >> I THINK YOU ALL CAN HEAR ME. I DON'T WANT TO BEND TOO MUCH OR RAISE THIS SO YOU CAN'T SEE. GOOD EVENING. THIS CASE IS LOCATED AT 1149 NORTHPORT, A REQUEST TO ALLOW TWO VARIANCES TO SECTION 511.03.(E) AND (H) IN THE CITY OF AUBURN ZONING ORDINANCE, NEIGHBORHOOD CONSERVATION DISTRICT 12 , OR NC-12. FROM THIS PROXIMITY MAP , HERE IS THE REPORT, THE PROPERTY IS AT THE END OF THE CUL-DE-SAC. KIND OF GIVING YOU A ROUGH OUTLINE OF THE OVERALL AREA. IF I ZOOM INTO THE VICINITY ON THE LEFT SIDE, ON THE NORTHWEST CORNER, IT IS GOING TO BE THE SCHOOL. ON THE EAST SIDE, GOING EAST , OF COURSE, YOU WILL GET THAT SHOPPING CENTER WITH SOME OF THE NEW APARTMENT COMPLEXES AND ALL THAT GOOD STUFF. JUST THAT GENERAL AREA. SO DISCUSSION AROUND THIS CASE KIND OF INVOLVES THE APPLICANT WANTING TO BUILD A CARPORT ON THEIR LOT, THIS EXHIBIT IS AN EXISTING SURVEY THAT THE APPLICANT DID PROVIDE. YOU CAN SEE, THERE IS A CONCRETE PAD RIGHT HERE, KIND OF ON THE RIGHT SIDE OF THE PROPERTY. THE APPLICANT IS GOING TO PROPOSE A NEW CARPORT BEING BUILT , THEY ARE GOING TO TEAR UP THE PROPOSED CONCRETE PAD AND THEN PUT A NEW CARPORT THERE. AND THIS IS A NEW IMPROVEMENT SITE PLAN SURVEY. STILL LOOKING AT THIS AREA, THIS IS THE TWO VARIANCE REQUEST. THE FIRST [00:05:02] VARIANCE INVOLVES THE LOCATION OF THE EDGE OF THE CARPORT, TO THE PRINCIPAL STRUCTURE, OR THE HOUSE. SECTION 511, 511.03.(E), NO NECESSARY STRUCTURE SHALL BE CLOSER THAN 10 FEET TO A PRINCIPAL STRUCTURE , UNLESS IT IS ATTACHED TO SUCH PRINCIPAL STRUCTURE OR OTHER STRUCTURE, BY MEANS OF FULLY ENCLOSED AREA. THE APPLICANT IS ABOUT 8.5 FEET AWAY FROM THE PRINCIPAL STRUCTURE AND THEY WILL NEED A VARIANCE TO GET AT LEAST A FOOT AND A HALF , TO ALLOW THAT TO BE CLOSED. IN THE SECOND VARIANCE, I CAN HIGHLIGHT RIGHT HERE THIS LITTLE 2.98 , I KNOW THAT IT IS A LITTLE HARD TO SEE. THE APPLICANT IS REQUESTING A VARIANCE TO SECTION 511.03.(H) TO ALLOW THE STRUCTURE TO BE LESS THAN FIVE FEET TO THE PROPERTY LINE. WE HAVE A FIVE-FOOT MINIMUM, ABOUT THREE FEET TO THE PROPERTY LINE. WE DID TALK TO THE APPLICANT ABOUT OTHER THINGS, MAYBE MOVING THE CARPORT BACK A FEW FEET . AND I DO REALIZE THAT THERE IS A 10-FOOT UTILITY EASEMENT ON THE BACKSIDE OF THE PROPERTY, THE APPLICANT IS NOT PROPOSING TO PUT THE CARPORT ON THE EASEMENT WHICH IS OBVIOUSLY NOT ALLOWED. BUT IT IS THERE, IT IS WORTH NOTING . WITH ALL THAT BEING SAID, I CAN ANSWER ANY QUESTIONS . >> SO, I HAVE A QUESTION. SO, WHEN I AM LOOKING AT EXHIBIT THREE, ARE WE SAYING THAT THIS CARPORT IS SITTING RIGHT ON TOP OF THE CONCRETE PAD, AS IT IS SHOWN HERE? >> THE APPLICANT IS DEMOLISHING THE CURRENT CONCRETE PAD AND PUTTING NEW CONTRACT AND THE FOOTPRINT OF THIS ONE IS 20 BY 20, 400 SQUARE FEET. I AM NOT SURE. >> IT LOOKS LIKE THE CURRENT PAD IS OVER THE LINE. ON THE EAST SIDE OF THE PROPERTY. >> YES , SIR. >> SO, THAT GOT PUT IN BY THE BUILDER ? >> WHEN YOU BOUGHT THE HOUSE? >> QUESTION FOR THE APPLICANT HERE. >> OKAY. I HAVE ANOTHER QUESTION. I KNOW THAT YOU SAY YOU TALK TO THE APPLICANT ABOUT REPOSITIONING THE CARPORT , SO YOU DON'T HAVE TO HAVE A VARIANCE, YOU MENTIONED THE EASEMENT, SO, CAN IT BE DONE ? I GOT LOST IN THAT CONVERSATION. IS THAT A VIABLE OPTION ? >> WE LOOK AT MAYBE TAKING THE WHOLE ENTIRE CARPORT, AND PUSHING IT BACK. >> THOSE ARE MY QUESTIONS. >> SO, WHAT IS THE PROBLEM WITH MOVING IT BACK? THE VARIANCES AREN'T NECESSARY? >> RIGHT . >> THE PATH IS GOING TO GET TORN UP ANYWAY? >> YES, SIR. >> SO, I AM CONFUSED THEN, WHY COULD YOU NOT MOVE IT BACK? >> ANY OTHER QUESTIONS? ALL RIGHT. WE WILL OPEN THE PUBLIC HEARING. APPLICANT, IF YOU WOULD LIKE TO -- IF YOU HAVE NOT SIGNED IN, PLEASE DO SO. OKAY, PERFECT, THANK YOU. >> I HAVE NEVER BEEN THROUGH IT. RECENTLY, MARY DICKIE ATKINS WAS PART OF MAKING THIS OUR FUTURE HOME, THERE WAS A LARGER RENOVATION REQUEST. YOU CAN SEE ON THE PICTURE, TO DO THAT, IT IS CONTINGENT >> CONGRATULATIONS. >> ARE YOU SERIOUS? I WANT TO SAY THANK YOU TO CHRIS, FIRST TIME GOING THROUGH THAT WAS VERY HELPFUL, ANY INFORMATION I DID NOT PROVIDE, OR ERRORS DUE TO MY IGNORANCE HERE, THIS IS A CARPORT REQUEST, THE OLD PAD WAS THERE, IT DOES INFRINGE . I HAVE NO KNOWLEDGE OF WHEN THAT WAS PUT IN, OR WHO PUT THAT IN. BUT AS PART OF THIS REQUEST, I AM REMOVING THAT PAD . WHAT YOU CAN SEE IF YOU LOOK AT THE PICTURES, IF YOU, THE , THE ENTIRE DRIVEWAY , AND THE CONCRETE STRUCTURE IS QUITE LARGE. ALL OF THAT WILL BE COMING OUT , AS PART OF THIS RENOVATION REQUEST WHICH WILL REDUCE THE OVERALL CONCRETE COVERAGE ON MY PROPERTY BY 470-ODD FEET . IT IS A REDUCTION IN ISR, DUE TO THIS TYPE OF CHANGE EVEN WITH THE [00:10:01] OTHER RENOVATION, AND THE CARPORT GOING IN THERE, WHAT CHRIS ALLUDED TO IS THE POTENTIAL TO MOVE THAT CARPORT, FOR LACK OF A BETTER WORD, CLOSER TO THE POOL DECK STRUCTURE, AND CHANGE THE DYNAMIC OF DRIVING IN. WHICH IS REALLY NOT , TO GET IN AND OUT OF THAT TIGHT CURVE , IN A VEHICLE. I DON'T THINK WE CAN NECESSARILY JUST MOVE IT STRAIGHT BACK BECAUSE THAT WOULD BE ON THE EASEMENT. MY UNDERSTANDING IS YOU REALLY NEED TO STAY OUT OF THE DRAINAGE AND UTILITY EASEMENT ALTOGETHER. I DO HAVE THREE OF THOSE ON THREE SIDES MY PROPERTY. IT IS AN IRREGULARLY -SHAPED LOT , LIMITED BY THE TOPOGRAPHY OF THE LOT, AND WHERE THE CURRENT STRUCTURE IS, THERE IS ALSO A SEWER THAT YOU DO NOT SEE ON THE LEFT SIDE THERE. THIS APPEARS TO BE THE ONLY PLACE TO PUT A CARPORT. IT IS A MINOR SETBACK VARIANCE. ARTICULATED, AND, I DO THINK IT WILL BE DONE VERY TASTEFULLY IN THE SPIRIT OF THE NEIGHBORHOOD. IT IS A REALLY NEAT AREA OF AUBURN, I WOULD LOVE TO SEE SOME FRESH ENERGY AND RENOVATION AND THAT. I WOULD LIKE THAT TO HAPPEN WITH THAT REQUEST. SO, THERE ARE SIX ADJOINING PROPERTIES, IT ONLY IMPACTS TWO FOR THE MOST PART, THAT WOULD BE ON THE SIDE THERE AND THE REAR. I AM NOT SURE IF ANYBODY CHIMED IN ON ALL THOSE REQUESTS WE SENT OUT BUT I DID SPEAK TO MY SITE OWNER, HE IS A PARTNER OWNER , AT CHRISTMAS, HE SAID HE WAS GOOD WITH IT AND I SAID YOU ARE GOING TO GET SOMETHING IN THE MAIL. I DON'T KNOW IF THEY ARE SUPPOSED TO REPLY BY MAIL, BUT HE IS A PART-TIME OWNER IN ATHENS, ALABAMA. >> I'M SORRY , SO, I GUESS, THE TIME EXPIRED. IF YOU HAVE ANY QUESTIONS, HE WOULD BE ABLE TO ANSWER THEM, BUT HE JUST CANNOT TALK ANYMORE. >> WHERE YOU CURRENTLY PARK? WHAT I AM HEARING YOU SAY IS THAT, WHERE DO YOU CURRENTLY PARK ? >> THERE IS NO CARPORT CURRENTLY , RIGHT ON THE DRIVEWAY, AND IT IS REALLY PRETTY CONSISTENT OF THE NEW DRIVEWAY. >> YOU CAN JUST GO IN AND THEN YOU ARE BACKING OUT, WE DON'T HAVE ANY KIND OF TURNAROUND SPEAKERS ]. OKAY, MY OTHER QUESTION, EVEN THOUGH I CANNOT GO STRAIGHT BACK, GIVE YOURSELF LIKE A LITTLE BIT OF TIME, HAVE YOU LOOKED AT THOSE OPTIONS? >> ABSOLUTELY, IN FACT, WE NEED TO PLACE IT AND SEE HOW WE CAN FIT THERE. OBVIOUSLY , THE VEHICLE, YOU KNOW, WE PREFER TO BACK OUT SO THAT YOU CAN PULL OUT FORWARD, THERE DOES NOT APPEAR TO BE ENOUGH ROOM TO DO THAT FROM A SAFETY PERSPECTIVE. THERE ARE FENCES THERE. CERTAINLY, WITH THAT EASEMENT, WE DO NOT WANT A TURNAROUND PATH, FOR LACK OF A BETTER WORD, TO ENCROACH ON THAT. >> OKAY. >> YOU SAID YOU TALKED TO THE NEIGHBOR AND HE IS OKAY WITH IT ? >> YES. ROBERT AND CARLA . THEY LIVE IN ATHENS . WE SAW THEM AT THE MEETING JUST BEFORE AND I SENT AN INFORMAL LETTER AND THE PACKAGE THAT YOU GUYS PROVIDE FROM THE CITY AND I OUTLINED WHAT WE WERE TRYING TO DO, THEY SAID THEY HAD NO QUESTIONS. OR CONCERNS. BUT CERTAINLY, IF THEY RESPONDED DIFFERENTLY, I WOULD NOT KNOW THAT. >> OKAY. >> CAN I ASK IF YOU ARE RECEIVING COMMUNICATION FROM ANY OTHER ADJOINING OWNERS? >> NOT THAT I AM AWARE OF. >> OKAY. >> IT IS KIND OF MESSED UP, EASEMENT ON THREE SIDES OF THE LOT . I MEAN, TO ME THAT CONSTITUTES A HARDSHIP. IN THAT HOUSE IS NOT REALLY CENTERED ON THE LOT. WELL, IT IS KIND OF PINCHED ON ONE SIDE, PINCHED REALLY HARD ON THE OTHER SIDE. AND THEN, SOMETIMES YOU CAN GET AWAY, I THINK, IF YOU ATTACH THE GARAGE, THE CARPORT, TO THE HOUSE. CAN YOU ATTACH IT WITH THE BREEZEWAY? THE 10-FOOT THING IS TO ALLOW FIRETRUCKS TO GET THROUGH. >> WE DID TALK ABOUT PATCHING IT, I ACTUALLY CALLED DOWN. MARK, IS THAT HIS NAME? HOLLINGS? FROM THE COMMITTEE, HE SAID, MAYBE IF YOU ATTACHED IT, YOU REMOVE YOURSELF FROM HAVING A SIDE SETBACK. BUT WHAT YOU DO NOT SEE IN THIS PICTURE, IF YOU SEE THE OTHER EXHIBIT, THE CURRENT ONE, YOU SEE THE BUILDING SETBACK. THERE IS A 35-FOOT SETBACK LIMIT ON THE [00:15:05] REAR OF THE PROPERTY. GIVEN THE IRREGULAR SHAPE, IT WOULD ENCROACH ON THE BUILDING SETBACK AND THERE WOULD BE A VARIANCE FOR THAT AS WELL. SPEAKERS ] >> YEAH, NORMALLY , JUST HAVE A DETACHED STRUCTURE BECAUSE THEY ONLY HAVE TO BE FIVE FEET FROM THE PROPERTY LINE. THE ONLY THING ABOUT THE 10 FEET, SOMETIMES, FOR A FIRE SAFETY THING , LIKE YOU REFERENCED, THE MORE FORGIVING SIDE IS ALWAYS GOING TO BE THE DETACHED STRUCTURE, AND FIVE IS A NUMBER THAT DERIVES FROM A FIRE CODE. INSIDE THAT, THINGS ARE ACCIDENTALLY BILLED INSIDE THE FIVE, NORMALLY INSIDE SIX, THERE IS EXTRA FIRE MITIGATION LIKE AN UPGRADED FIREWALL ON THAT SIDE OF THE HOUSE OR WHATEVER THE STRUCTURE IS, AND OF COURSE, TO THAT. >> JUST SO I AM CLEAR, THERE IS NO OTHER WAY YOU CAN PUT THIS CARPORT IN? >> >> ALL RIGHT. >> THERE ARE OTHER THINGS ON THE AGENDA. REGARDING THE SETBACK FROM THE BUILDING STRUCTURE ITSELF. I WILL POINT OUT, THE AREA CLOSEST TO FIVE FEET IS AN UNFINISHED -- IT IS A PORCH. IT IS NOT AN ENCLOSED PART OF THE STRUCTURE. WE DO INTEND TO USE FIRE RETARDANT MATERIAL. THE DISTANCE FROM THE ACTUAL STRUCTURE, IF YOU DON'T INCLUDE THE PORCH AREA, IS 90 FEET. IT IS -- >> WHERE ARE YOU TALKING ABOUT? >> TOP LEFT. >> THOSE TWO ARROWS POINTING TOWARDS EACH OTHER? >> SO, THAT PORCH IS NOT AN ENCLOSED STRUCTURE . IT IS A COVERED STRUCTURE. >> THAT MOVES AS BEST WE COULD DO . I WORK WITH CIVIL ENGINEERS THROUGH THIS PROCESS. >> ANY OTHER COMMENTS FROM THE PUBLIC? ALL RIGHT. SEEING NONE, I WILL CLOSE THE PUBLIC HEARING AND OPEN IT UP TO THE BOARD FOR MORE DISCUSSION. SO, I KNOW WE HAVE A HARDSHIPS. THEY ARE IMPOSED BECAUSE OF THE EASEMENT AND THAT IS ON THREE SIDES. EVEN IF WE PIVOTED , I DON'T KNOW THAT GIVES THEM A WAY TO GET INTO THE HOUSE, IT APPEARS THAT YOU HAVE ROOM I GUESS ON THE NORTH SIDE, ON THE UPPER SIDE, I DO NOT KNOW. YOU ARE STILL, DEALING WITH THE EASEMENT ISSUE, YOU ARE TALKING ABOUT THE SAME SORT OF SITUATION. >> THERE IS A SIGNIFICANT TOPOGRAPHY CHANGE ON THAT SIDE AS WELL. >> SO, I DON'T THINK THE HARDSHIPS ARE SELF CREATED IN THIS INSTANCE, BECAUSE YOU HAVE THE EASEMENT YOU CAN'T DO ANYTHING WITH ON THREE SIDES. INAUDIBLE ] . >> ANY OTHER COMMENT ? >> I MAKE A MOTION TO APPROVE BZ-20225- 016. >> LATICIA SMITH ? >> NO. >> APPROVED. >> THANK YOU. GOOD LUCK ON YOUR PROJECT . CONGRATULATIONS. >> YEAH, I GUESS. [ADDITIONAL ITEM 1] >> LET'S DO THE ELECTIONS. >> I WILL MAKE A MOTION . LAUGHTER ] SHOULD WE VOTE IN THE PEOPLE WHO ARE NOT HERE? LAUGHTER ] >> SO, YEAH. SOMEONE RECENTLY GOT ADDED TO THE BZA. WE NEED TO HAVE TRAINING FOR THEM, TRAINING. >> >> WHO IS MOVING OFF ? >> DAN. OR CHARLES BERRY, HE DID NOT REAPPLY. HE DID, HE DID. AND , SO YEAH , PRETTY MUCH ELECT OFFICERS. AND WE WILL KIND OF MOVE FORWARD. >> WE HAD A MOTION . >> I AM WILLING, IF YOU WILL [00:20:06] HAVE A BEARD >> I NOMINATE AS CHAIR. >> TWO THINGS, THERE ARE TWO THINGS. EARLIER TODAY, FIRST WE KNOW WE NEEDED TO HAVE IT. THE TERM DOES NOT EXPIRE UNTIL JANUARY 20TH. >> MY UNDERSTANDING, ALL OF THE REGULAR MEMBERS ARE ON THE BOARD, CORRECT? >> CORRECT. >> ELECTING OFFICERS FOR ANOTHER, THIS ELECTION WILL BE TO 2026 AND WE WILL DO IT AGAIN IN JANUARY 2027. ALL THE REGULAR MEMBERS WILL REMAIN ON THE BOARD THROUGH 2026. THEY CANNOT SERVE AS OFFICERS , BECAUSE THEY ARE SUPERNUMERARY'S . >> DOES THE MOTION STILL STAND? >> YEAH, ALL RIGHT. >> WE DID NOT GET ANY SECOND, DID WE GET A SECOND? >> LATICIA SMITH ? WILL FAULKNER? >> YES. >> I MAKE A MOTION FOR ELIZABETH STRANE. >> LAUGHTER ] I SAID YES! >> ALL RIGHT, OKAY. THANK YOU [ADDITIONAL ITEM 2] ALL FOR VOTING. FINAL THING, WE HAVE AN APPEAL. APPEAL OF AN INTERPRETATION, LIKE LAST TIME . REALLY DISCREET, JUST KIND OF ON A SET KIND OF ITEM, THE FORMAL APPLICATION, THIS IS NOT AN SDR CASE . THIS IS, THIS IS AN APPEAL TO AN INTERPRETATION OF A STAFF DECISION ON A PROCEDURAL LEVEL. THERE WAS AN APPROVED BEAUTY WITH OPEN SPACE, THE APPLICANT CAME BACK AND WANTED TO SUBMIT A PLAT , FOR OPEN SPACE, THE ADMIN PLAT HAD BEEN DENIED ON SEVERAL OCCASIONS, THEY COULD NOT DO THIS WITHOUT THE PUD AMENDMENT AND THEY ARE APPEALING THE DECISION. SO, WE WILL HAVE THEM PRESENT, IN 10 MINUTES. IT WAS A LITTLE LONG-WINDED . WE WILL GO 10 MINUTES EACH ON IT. AND, THEN WE WILL GO , INSTEAD OF HAVING 10 DAYS, WE WILL MAKE A DECISION TONIGHT. SO , I GUESS , THE APPLICANT CAN COME UP TO SPEAK. >> WE HAVE ONLY 10 MINUTES ? CAN YOU EXPLAIN ? I FEEL LIKE I AM GOING TO HAVE TO SPEND TIME WASTING MY WHOLE 10 MINUTES, BEFORE EVEN BEING ABLE TO GIVE OUR SIDE OF THE CASE. IT MIGHT BE BETTER FOR YOU GUYS TO PRESENT WHAT WE REQUESTED, WHY WE DENIED IT AND YOU CAN, YOU KNOW WHAT I MEAN? >> I GUESS, I MEAN , I THINK ON MY END , IF YOU WERE TO PROVIDE CONTEXT , FOR US, I THINK THAT IS WHERE WE ARE AT ON IT, IT IS OUTLINING A ZONING ORDINANCE, IF YOU WANT TO PROVIDE BACKGROUND , DO YOU NEED TIME FOR THE INTRODUCTION? >> I THINK I HAVE TO EXPLAIN WHAT WE ARE DOING AND IT IS GOING TO TAKE ME FIVE OR SIX MINUTES. >> YOU WANT 15 MINUTES? >> YES. >> I EXPLAIN WHAT THE ISSUE IS. >> THAT IS WHAT I WAS GOING TO SAY, WE ARE GOING IN BLIND HERE. >> >> DID YOU SIGN IN? DON'T MIND, PULL UP THAT ZONING MAP. FOR US, YEAH. ALL RIGHT. SO , HERE, HERE IS THE ZONING MAP, MILLERS POINT ROAD , IT WRAPS AROUND PART OF THE GOLF COURSE. THE PARTICULAR , THIS IS THE ZONING MAP THAT SHOWS THE AREA , THE PDD , THE AREA IN YELLOW IS ZONED GDH, CAN YOU GO TO THE, THE PROPOSED LOT MAP? YES. THE [00:25:09] MIDDLE , OKAY , OKAY UP THERE AT THE TOP, THIS IS WHERE WE ARE PROPOSING TO ADD FIVE LOTS, THE TWO LOTS TO THE NORTH ARE ON THE AREA OF THE PDD AND THESE THREE LOTS ALONG MILLERS POINT IN YELLOW ARE ON THE ZONING MAP AS DDH. SO, WE ARE PROPOSING TO ADD THOSE THREE LOTS, ALONG MILLERS POINT, AND THE TWO UP THERE. THAT IS WHAT WE SUBMITTED THE ADMIN PLAT FORM. THE, WITH WHAT THE CITY IS SAYING, WE ARE VIOLATING , OR REDUCING OPEN SPACE, OKAY? AS THE PDD, WILL YOU PULL UP THE PDD? IF YOU GO TO THE , YES, SO, THE TOP ONE , THAT TOP THING IS THE MASTER PLAN SUBMITTED WITH THE PDD. THIS WAS SUBMITTED BACK IN 2000, A LONG TIME AGO. IN, YOU KNOW? OUR PUD LOOK A LOT DIFFERENT THAN THIS NOW, LOOK AT THE RED BOX, PARCEL ONE, PARCEL TWO, AND PARCEL THREE, THOSE ARE THE THREE AREAS WITHIN THE PDD , OKAY? PARCEL ONE IS TOWNHOMES, THAT IS BROOKSTONE TOWNHOMES, BUILT AS TOWNHOMES AND OPEN SPACE ASSOCIATED WITH THAT, PARCEL THREE WAS BUILT, AND THAT IS BASICALLY CONVENTIONAL SUBDIVISIONS , SINGLE -FAMILY CONVENTIONAL SUBDIVISIONS , PARCEL TWO WAS SHOWN AS APARTMENTS. IT WAS BILLED AS SINGLE-FAMILY RESIDENTIAL, IT WAS COLD , AS -- BUILT AS, SINGLE-FAMILY HOMES, UNDER CONDO OWNERSHIP. ON THE RIGHT OF THAT, WHERE I HAVE OPEN SPACE, PARCEL ONE, PARCEL TWO, PARCEL THREE, PARCEL ONE SAYS OPEN SPACE, 30%. THAT IS BECAUSE IT IS PERFORMANCE RESIDENTIAL, AND THE OPEN SPACE REQUIREMENT WITHOUT. PARCEL THREE , OR PARCEL TWO IS WHAT WAS SHOWN AS APARTMENTS, AS MILLWOOD. IT HAS 30% OPEN SPACE. IT IS A PERFORMANCE RESIDENTIAL USE. PARCEL THREE IN THIS PARTICULAR INSTANCE, SINGLE-FAMILY CONVENTIONAL , IT SAYS ON THE PUD. NO OPEN SPACE REQUIREMENT, OKAY? IF YOU FLIP , THE, THE , ALL RIGHT. SO, THIS IS THE PLAT. THIS IS THE FIRST PLAT ZONED WHEN THEY BUILT THE SINGLE-FAMILY HOMES. THERE WAS NO OPEN SPACE ON THIS PLAT, NO DEDICATED OPEN SPACE ON THIS PLAT. OKAY? IF YOU GO TO THE SECOND PLAT, THE NEXT ONE WAS THE BROOKSTONE TOWNHOMES, YOU CAN SEE ON THAT, THE TOWNHOMES ARE IN THE MIDDLE, THE OPEN-SPACE SURROUNDS THOSE UNITS, OKAY? THE THIRD ONE ZONED AS THE NEXT PLAT IS THE , THE, THIS IS MILLWOOD . THIS WAS DONE AS THE SINGLE-FAMILY. IT IS CONDO OWNERSHIP AND THE AREAS CIRCLED IN RED , THOSE ARE THE OPEN-SPACE AREAS. ON THOSE PLATS FOR THE TWO PHASES, OPEN-SPACE WAS DEDICATED ON THE PLAT, OKAY ? THAT IS HOW WE DEDICATE OPEN-SPACE, THE ORIGINAL ONE, THERE WAS NO OPEN SPACE DEDICATED AS PART OF THE FIRST PHASE. CONVENTIONAL SUBDIVISION, THE MASTER PLAN SAID, NO OPEN-SPACE REQUIRED, OKAY? SO, WHAT WE ARE SAYING, WE ARE TRYING TO ADD LOTS. IF YOU GO BACK TO, GO BACK TO THAT ZONING MAP, OR, THE, THE , THE PROPOSED LOT MAP . THIS IS , SCROLL UP TO THE FIRST PAGE OF THAT. THE THREE LOTS THAT ARE DOWN HERE, OFF OF MILLERS POINT ROAD ARE NOT EVENIN THE GOLF COURSE, THE GOLF COURSE IS NOT PART OF THE PUD. AND SO, THOSE THREE LOTS, I DON'T UNDERSTAND WHY WE CAN'T GET THOSE APPROVED. WE ARE NOT REDUCING OPEN SPACE, THERE IS NO [00:30:01] OPEN-SPACE. OPEN-SPACE WAS NEVER DEDICATED, THAT IS THE ONLY WAY WE DEDICATE OPEN-SPACE. THE LOTS UP AT THE TOP, WITHIN THE PDD, THOSE AREAS ARE PART OF ON PLANTED AREA WITHIN THAT FIRST PLAT, WITH NO OPEN-SPACE, IF YOU GO BACK TO THE MASTER PLAN, THEY ARE SAYING, THAT, THAT -- GO TO THE SOUTH, ALL THAT BLUE. THEY ARE SAYING ALL THAT BLUE IS OPEN-SPACE BUT WE ONLY DEDICATED THE OPEN-SPACE, WHEN WE DID THE TWO UP AT THE FRONT. WE DID NOT DEDICATE ANY IN THE BACK , IT WAS NOT REQUIRED. SO, THAT, THAT, THAT IS ESSENTIALLY POWERPOINT. IF OPEN-SPACE WAS REQUIRED, THAT THEY SAY WE ARE TAKING IT AWAY FROM, WHY DID WE NOT PLAT IT ON THE FRONT END, WE HAVE TO PLAT OPEN-SPACE AS WE DO THESE DEVELOPMENTS BUT YOU HAVE TO PLAT IT AS YOU GO, AS YOU GO. SO, THAT IS THE CRUX OF OUR CONVERSATION , AND REQUIREMENT. IF YOU LOOK AT ALL OF THE BLUE, OKAY? IF YOU LOOK AT ALL THE BLUE, ALL THAT OPEN-SPACE, THAT IS PROBABLY MORE THAN 50% OPEN SPACE, IF IT IS, AND ONLY 30% WAS REQUIRED IN THESE TWO PHASES, NONE WAS REQUIRED IN THE THIRD PHASE. THERE IS WAY MORE OPEN-SPACE THAN WHAT WAS NEEDED, THEN, THEN WHAT WAS SHOWN, IF THAT IS WHAT THEY ARE SAYING THE OPEN SPACES, IT WAS NEVER DEDICATED ON THE BACKEND, THAT IS, I THINK, THE CRUX OF OUR ARGUMENT ON WHY WE THINK THE PLAT SHOULD BE APPROVED AND WE ARE NOT REDUCING OPEN SPACE. I WILL BE HAPPY TO ANSWER -- HAPPY TO ANSWER ANY QUESTIONS, IF YOU HAVE THEM. I PROVIDED YOU A LOT OF EXHIBITS AND INFORMATION. YOU GUYS ARE COMING INTO THIS BLIND. I WANTED TO PRESENT AS MUCH INFORMATION THAT >> I DO HAVE A QUESTION, THAT ACTUAL OPEN SPACE, I HAVE TWO COMMENTS, BEHIND SLATE COURT AND BEHIND MILLERS POINT, IS THAT OPEN-SPACE, OR IS THAT PART OF THE GOLF COURSE? WHAT IS BLUE RIGHT NOW, BEHIND THE LARGER SINGLE-FAMILY LOT, IS THAT DEDICATED HOA? >> WELL, THERE IS SOME PARCELS , THERE ARE HOUSES SHOWN, THERE IS, IF YOU GO BACK , TO THE ZONING MAP, THERE ARE HOUSES THERE. YOU KNOW WHAT I MEAN ? IF YOU LOOK AT THE END OF THE CUL-DE-SAC, THERE ARE LOTS SHOWN WHERE THEY ARE SAYING OPEN-SPACE WAS ALL THROUGHOUT , YOU KNOW WHAT I MEAN ? THAT IS WHY WE ARE SAYING THE OPEN-SPACE WAS NEVER DEDICATED, THAT IS REQUIRED. AND THEN , YEAH, SO, HOPEFULLY I ANSWERED YOUR QUESTION. >> I WAS POINTING OUT WHAT YOU ARE USING IS INACCURATE. >> CORRECT. >> I DO NEED IT ON RECORD THAT I AM THE PRESIDENT OF THE HOMEOWNERS ASSOCIATION, I DON'T THINK THAT IS A CONFLICT OF INTEREST BUT I DO LIVE IN THIS NEIGHBORHOOD. AND I AM THE PRESIDENT OF THE HOA. >> DO YOU HAVE ISSUES? >> I AM HEARING THIS FOR THE FIRST TIME, GIVE ME A MOMENT TO REVIEW. >> FULL DISCLOSURE. I OWN AN ADJOINING , HE HAS A QUESTION ABOUT PROCESSING, SO, NORMALLY, WE HEAR FROM THE APPLICANT, THE INTERPRETATION, I WANT TO KNOW, I DON'T KNOW IF I CAN BOUNCE BACK, I WANT TO UNDERSTAND WHAT IS THE INTERPRETATION. >> YEAH, YEAH. >> HOW DO WE HAVE THAT CONVERSATION? >> IF IT IS PRESENTED, THEN I CAN GIVE JUST KIND OF -- >> CAN YOU GO BACK TO THE OPEN-SPACE AREA, PARCEL, PARCEL THREE ? SO, WHAT YOU ARE SAYING, IT WAS NEVER IDENTIFIED AS AN OPEN SPACE REQUIREMENT FOR THAT TYPE OF NEIGHBORHOOD, BECAUSE THEY HOUSES HAVE ENOUGH SPACE AROUND THEM? >> TYPICALLY WE PROVIDE OPEN-SPACE. AND IN AUBURN, WE HAVE CONVENTIONAL SUBDIVISION AND THEN WE HAVE PERFORMANCE. CONVENTIONAL SUBDIVISION , THERE IS NO OPEN-SPACE REQUIREMENT AND YOU HAVE LARGER SETBACKS. AND THAT IS WHAT PARCEL THREE IS. WHEN WE GO TO PERFORMANCE AND WE SAY PERFORMANCE SUBDIVISION, YOU CAN BUILD A SINGLE-FAMILY OMEN PERFORMANCE, BUT YOU CAN ALSO [00:35:02] BUILD TOWNHOMES, APARTMENTS, TWIN HOMES, ALL THE DIFFERENT HOUSING TYPES, BUT YOU HAVE TO GIVE UP OPEN-SPACE, DEPENDING. AND IT VARIES ON THE AMOUNT, PERCENTAGE, IN THIS CASE, THERE IS PERCENT IN THE AREA FOR PERFORMANCE, AND THAT IS WHY TWO AND THREE, YOU KNOW, THEY DEDICATED VIA PLAT THEIR OPEN-SPACE WHEN IT WAS REQUIRED. >> YOU BEEN ONE AND TWO ? >> YES, ONE AND TWO, IT DEVELOPED, 3 , 1, 2, THREE DEVELOPED, THEN ONE DEVELOPED AND THEN TWO DEVELOPED, THAT IS HOW THE PLATS FORMED. >> THERE REALLY IS NO OPEN SPACE REQUIREMENT FOR PARCEL THREE? >> THE PBD UNDER PARCEL THREE SAYS, IT IS NOT REQUIRED. >> IS THERE AN OVERLAY THAT NEGATES THAT? >> I MEAN, I AM JUST SAYING, YOU KNOW, I WILL TALK. >> ALSO, I AM FAMILIAR WITH NOAH COTTAGES I AM SHOCKED THERE IS 30% OPEN SPACE, IT IS ALL HOUSES, I DON'T KNOW IF THERE ACTUALLY IS 30%. >> THAT BLUE IS PROBABLY 70-80% SHOWING THERE. ON THAT PLAT , IT IS PLATTED, ONE OF THOSE EXHIBITS, IT HAS 30%. >> ALL WE HAVE IS WHAT IS ON THE SCREEN, WE DON'T HAVE ANYTHING TO LOOK AT TODAY. >> MADAME CHAIR, I HAVE REVIEWED THE BYLAWS ON CONFLICT OF INTEREST, THE CONFLICT OF INTEREST POLICY, IF A MEMBER EITHER PERSONALLY OR THROUGH AN ORGANIZATION TO WHICH THE MEMBER BELONGS HAS ANY KINSHIP, OR AFFINITY TO THE APPLICANT , BECOMES A TRUSTEE OR ADMINISTRATOR RELATIONSHIP, OR AN AGENT OR BROKER, ANY TYPE OF CONSULTANT OR RETAINER RELATIONSHIP, EMPLOYER-EMPLOYEE , THAT , IF THERE IS ANY TYPE OF POTENTIAL BENEFIT THAT COULD ARISE THROUGH THIS MATTER WOULD PROBABLY WANTED RECUSAL. >> I AM NOT RECEIVING BENEFIT FOR ANYTHING. ANY QUESTIONS OR COMMENTS. >> ARE YOU READY? WHOEVER? AND, CAN WE PUT IT BACK ON THE PROPOSED LOT MAP WHEN WE ARE HAVING THE DISCUSSION? >> I GUESS KIND OF, I WOULD LIKE TO GO TO WHAT WAS JUST PULLED UP, THE BLUE AND THE GRAY. AND SIR, IF YOU COULD TURN IT, TURN IT TO THE RIGHT WHERE THE NORTH IS FACING UP ? >> SO ? >> I'M SORRY, I JUST WANTED TO RECOMMEND AND TALK ABOUT OPEN-SPACE. AND KIND OF FOCUS IN ON THAT. SO, I WILL OPEN IT UP AND JUST SAY, PART OF THIS, I GUESS, IS ABOUT OPEN SPACE. JUST KIND OF TALKING ABOUT WHETHER THIS IS OR IS NOT OPEN-SPACE, THE APPLICANT IS CORRECT, IT IS NOT PLATTED AS OPEN SPACE. WHEN THEY ASKED FOR A PHYSICAL INTERPRETATION, THE REASON I GAVE DID NOT HAVE ANYTHING TO DO WITH OPEN-SPACE. OPEN-SPACE, WHAT THEY ARE TALKING ABOUT, IT IS CORRECT, THAT IS NOT WHY THE FORMAL INTERPRETATION OF HOW WE GOT HERE TO -- TODAY, IS ABOUT. SO? >> EVEN THE FORMAL INTERPRETATION? >> CORRECT. WE HAVE BEEN TALKING ABOUT THIS FOR YEARS GOING BACK AND FORTH, SEVERAL PLATS SUBMITTED, I CAME UP WITH ONE WITH THE CITY , REQUESTING THAT THEY BE ABLE TO SUBDIVIDE THIS AND THE STAFF POSITION HAS NEVER BEEN THAT THEY CANNOT DO THIS. THEY NEED TO FOLLOW THE PUD AMENDMENT . THE REASON FOR THAT IS, THIS IS CLASSIFIED AS A MAJOR DEVIATION. IN SECTION 504, CHANGE OR MODIFICATION OF AN APPROVED PUD, POD. AND SO, I THINK WE WERE -- BUT, THE BIG PART OF IT IS , THERE CANNOT BE A REARRANGEMENT OF LAND USES. OPEN-SPACE, PLATTED OR NOT, OR ANYTHING, THE MASTER DEVELOPMENT PLAN THAT IS SUBMITTED IS BINDING, PERIOD. IT IS BINDING FROM A DENSITY STANDPOINT AND FROM AN OPEN-SPACE STANDPOINT FROM ARRANGEMENTS OF STREET NETWORKS, ET CETERA, ONE OF THE MAJOR THINGS ON ALL THESE SUBDIVISION THAT COME IN PRIOR BUT IT IS A KEY ELEMENT, AT THE OUTSET, PDD IS OWNED BY ONE PERSON, INITIALLY THEY ONLY HAVE TO NOTIFY THEMSELVES, BUT AS THAT PDD MATURES , AS MORE PEOPLE , ALL MEMBERS OF THE PDD [00:40:09] MUST BE MOTIVATED THAT I NOTIFIED, THEY BOUGHT INTO A MASTER DEVELOPMENT PLAN THAT WAS SET IN STONE BY AN ORDINANCE. AND ANY CHANGES, WHETHER THAT BE STREETS, WHETHER THAT BE OPEN-SPACE, RECONFIGURATION OF THE LOTS, USES, THERE ARE MINOR AND MAJOR DEVIATIONS, THIS CLASSIFIES AS A MAJOR REARRANGEMENT OF LAND USES AND QUALIFIED FOR THE PDD AMENDMENT. STAFF HAS NOT HAD ANY ISSUES WITH THE END OF THIS, WHAT THEY WANT TO DO WITH INFILL, THE GOLF COURSE, NOT OPPOSED. STAFF HAS IDENTIFIED THEY CANNOT DO IT THROUGH AN ADMIN PLAT THEY NEED TO NOTIFY OTHER PEOPLE IN THE PDD AND GO THAT ROUTE AND THAT REQUIRES A PUBLIC HEARING, PLANNING COMMISSION, PUBLIC HEARING, AND A LEVY. >> I HAVE A QUESTION. FROM JUST THE OPEN SPACE , IT NOW GOES , TELL ME, TALK TO ME MORE ABOUT THE MAJOR DEVIATION OF LAND USES ? >> OKAY, RIGHT, RIGHT, RIGHT. WHAT YOU ARE SAYING, IF YOU WANT TO KIND OF SCROLL UP A LITTLE BIT WEIRD WE GET THE ENTIRETY. THE VERY TOP OKAY, THERE WE GO, WHAT YOU ARE SEEING, KIND OF HOW THEY HAVE LOTS, OPEN-SPACE, IT IS BINDING FROM THE MASTER DEVELOPMENT PLAN STANDPOINT, THE PEOPLE, I GUESS, THE PEOPLE ACROSS FROM WHERE THEY ARE TALKING ABOUT PLANNING THOSE LOT SOUTH OF WHERE PARCEL THREE IS, BIG, BOUGHT LOTS, IN THAT MASTER DEVELOPMENT PLAN, THEY BOUGHT INTO A SITUATION WHERE THEY WERE TOLD THERE WOULD NO BE -- NOT BE HOUSES IN FRONT OF THEM. IF YOU WERE GOING TO PUT HOUSES IN FRONT OF THEM, THAT IS FINE. BUT THEY DO GET A CHANCE TO SAY SOMETHING ABOUT THAT. THAT IS HOW LAZ OPERATE , MASTER DEVELOPMENT PLAN LOCKS IN THE ROAD NETWORK, LOCKS IN THE USES, OPEN-SPACE, ET CETERA. SO, THE IDEA THAT THERE IS PLATTED OPEN-SPACE, AND BINDING OPEN-SPACE, IS WHAT IS PLATTED . FROM THE USAGE STANDPOINT, THE BROADER, HIGHER LEVEL OF THAT, THOSE PEOPLE WHO BOUGHT LOTS BOUGHT INTO THIS ARRANGEMENT. >> PARCELS ONE, TWO, AND THREE? >> I GUESS, BEAUTY , THEY ARE BINDING ON DIFFERENT LEVELS, THIS IS KIND OF THE CONCEPT , SO, ONE OF THE EARLIER PDDS . WE HAD SOME OLDER ONES. THEY HAVE A TON IN AND AROUND AND A LOT OF THE OLDER ONES WERE REALLY JUST, WHO THE NUMBERS , MASTER STREETS, BUT THEN, KIND OF AS THEY MATURE, WE HAVE TO GET UPDATES ON THEM. SO, WITH THIS , THE OLDER ONES, LIKE I SAID. THEY KIND OF LOOK LIKE THIS VERSUS THE ONES WE HAVE TODAY, VERY DETAILED, VERY IN DEPTH. LIKE I SAID, THIS IS JUST ONE OF THE ONES THAT IS OVER 20 YEARS OLD KIND OF DEAL. RIGHT, RIGHT, AS I SAID, THERE ARE OTHER ONES, THERE ARE THE ONES THAT ARE EXACTLY LIKE THIS, LIKE THE SAME THING, THE SAME KIND OF DETAIL. AND THE OWNERS WHO BOUGHT INTO IT BOUGHT INTO THIS LOT ARRANGEMENT AND CONFIGURATION, ESSENTIALLY. >> HAVING OBVIOUSLY INTIMATE KNOWLEDGE OF THIS NEIGHBORHOOD, HOW DID THAT HAPPEN? ONE, TWO, PROBABLY THREE HOUSES AROUND THE CORNER. >> THAT IS THE THING, I CANNOT SPEAK TO THAT, THAT IS NOT REALLY THE INTERPRETATION I WAS UNDER, THIS INTERPRETATION HAD TO DO SPECIFICALLY WITH THE LOTS THAT THEY HAD. >> ARE THOSE WHAT THE PDD WOULD BE IN? >> I WOULD NOT BE ABLE TO ANSWER THAT. >> I FEEL LIKE THERE IS A LOT, I COULD BE WRONG BUT I FEEL LIKE THERE ARE THREE LOTS AROUND THAT CUL-DE-SAC, THAT IS DIFFERENT , IN REALITY, THAN WHAT WE ARE LOOKING AT RIGHT NOW. DO WE HAVE A CURRENT POT MAP? PLAT MAP ? I WOULD LIKE TO KNOW THE GENESIS OF BEING ABLE TO ADD, HOW DID THEY ADD THOSE THREE HOUSES? >> I WOULD NEED TO -- >> YOU LOOK AT THE COURT, THERE WERE THREE HOUSES AROUND THAT CUL-DE-SAC AND, THE GOLF PATH, THAT LITTLE GREEN SPOT AT THE [00:45:02] TOP OF MILLER'S POINT, BETWEEN 793, AND 6-SOMETHING, THERE IS A GOLF PATH, A COURT PASS. >> MADAM CHAIRMAN, I WANTED TO REMIND THE BOARD, IN THIS, THE STANDARD YOU WILL BE APPLYING HERE IS TO STRICTLY INTERPRET THE ZONING ORDINANCE AS WRITTEN, BASED ON THE FACTS BEFORE YOU AND THE DECISION MADE BY THE DIRECTOR. LOOK AT WHAT THE ORDINANCE SAYS AND WHAT THE INTERPRETATION ISSUED WAS. >> THAT WOULD NOT HAVE SET A PRECEDENCE, WHAT WAS DONE TO MAKE THOSE LOTS AVAILABLE? >> I AM NOT GOING TO SPEAK TO THAT. THE ZONING ORDINANCE REQUIRES YOU TO LOOK AT WHAT THE ZONING ORDINANCE SAYS, VERSUS THE DECISION OF WHAT THE APPEAL IS. >> THE OWNER SAYS, PEOPLE SIGNED UP FOR WHAT THEY GOT AND IN ORDER TO MAKE A CHANGE, YOU HAVE GOT TO TALK TO ALL OF THEM. >> LIKE I SAID, THERE IS A THRESHOLD OF MINOR DEVIATIONS HANDLED ADMINISTRATIVELY, THERE MAY BE DID DEVIATIONS THAT CANCEL OUT THE PUBLIC HEARING >> NORMALLY, WE HAVE A VARIANCE ON THE TABLE, THEN WE EITHER VOTE UP OR DOWN, IN THE CASE OF THE PO, WHAT ARE WE DOING? >> ALL MOTIONS ARE IN THE AFFIRMATIVE AND THEN IF YOU DON'T SUPPORT IT. >> AT THE END OF THE DAY -- >> YEAH, YEAH, YEAH, SO, YOU WOULD, YOU WOULD MAKE A MOTION TO GRANT THE APPEAL, THEN HE WOULD EITHER GRANT THE APPEAL OR DENIED THE APPEAL. >> WITH THE VARIANCE, IT WOULD TAKE FOUR AFFIRMATIVE VOTES FOR THE MOTION TO PASS. >> IS THERE OTHER DISCUSSION? >> HIS TIME FOR HIS PRESENTATION HAS PASSED. >> FIRST! >> >> ANY OTHER COMMENT? ANY OTHER DISCUSSION? OKAY. SEEING NONE, WE WILL CLOSE THE PUBLIC HEARING AND THEN WE WILL MOVE TO THE BOARD FOR DISCUSSION. THOUGHTS, DISCUSSION? >> I AM UNINFORMED ABOUT THIS. BUT -- >> IS THIS NOT CONSIDERED THE FACTS BEFORE THE BOARD? THIS OPPONENT PLAT , WITH MORE HOUSES ON IT? >> WHAT DO YOU MEAN? >> WE ARE JUST DECIDING STRICTLY ON THE ZONING ORDINANCE AS INTERPRETED , THE FACTS BEFORE US? WHAT HAS BEEN PRESENTED TO US, THERE ARE MORE HOUSES ON THE PLOT. >> YOU HAVE THE INTERPRETATION THE JUSTICES MADE AND THE ZONING ORDINANCE PROVISION, THAT IS WHAT YOU NEED TO BE LOOKING OUT, BASED ON A STRICT READING OF THAT ZONING ORDINANCE PROVISION. WAS THE INTERPRETATION TO CALL THIS A MAJOR DEVIATION, WAS THAT CORRECT OR NOT? >> VOTING YES FOR THE APPEAL , MEANS -- >> GRANTING THE APPEAL . AND MOVING FORWARD WITH THE PLAT. >> OKAY. >> IS THERE A MOTION YOU WOULD LIKE TO MAKE ? >> I THINK WE ARE STRICTLY VOTING ON THE INTERPRETATION OF THE ZONING, IN RELATION TO THE CURRENT AND EXISTING PDD , I WOULD MAKE A MOTION TO GRANT THE APPEAL AS PRESENTED. >> SECOND. >> WILL FAULKNER ? >> NO. >> EMMY SORRELLS ? >> NO. >> LATICIA SMITH ? >> NO. >> ELIZABETH STRANE ? >> NO. >> ALL RIGHT, THAT FAILED! >> SO, I HAVE A QUESTION. I AM LEARNING. AT THIS POINT THEN, WHAT OUR NEXT STEP, A POTENTIAL NEXT STEP IN A SITUATION LIKE THIS, GO OUT INTO THE COMMUNITY AND SEE IF THEY WOULD BE WILLING TO DO AN AMENDMENT ? FOR MY OWN KNOWLEDGE, IS THAT WHAT WOULD HAPPEN TYPICALLY? >> YEAH, YEAH, SO, THEY WOULD [00:50:05] HAVE TO MOVE FORWARD, WITH THE PPD AMENDMENT, IF THEY WANT TO PURSUE THIS, THEY CAN. NORMALLY, ON ALL THE OTHER THINGS YOU DECIDE, KIND OF LIKE AT THE END OF THE ROAD FOR EVERYBODY, THEY CAN APPEAL TO CIRCUIT COURT . THIS IS REALLY JUST A MAJOR DEVIATION, AND YOU NEED TO FOLLOW THE ZONING ORDINANCE . >> ALSO, A POINT OF CLARIFICATION , THE PPD , THAT WOULD NOT BE THE ENTIRE TEAM OF HOMEOWNERS ? THOSE THREE PARCELS [STAFF COMMUNICATION] ? OKAY. OKAY. >> YEAH, I JUST GOT A NOTE FROM STAFF. SO, THEY WILL BE TRAINING FOR HIM, I THINK WE MIGHT HAVE A MEETING NEXT MONTH. IN THE MEANTIME, WE WILL HAVE TRAINING FOR THE NEW MEMBER. BUT I THINK , THAT IS, THAT REALLY, THAT IS ALL WE HAVE. THERE IS ALSO A NOTICE OF DISCRETION IN THE WORKS. >> WERE YOU INVITED? >> JANUARY 20TH. >> THAT IS WHAT I THOUGHT. ALL RIGHT. >> AS YOU LIKE LAST TIME WE HAD A MEMBER WE DID NOT MEET UNTIL FOUR MONTHS. >> CORRECT. IT IS HIT OR MISS. >> ALL RIGHT , ANYTHING ELSE ? ALL RIGHT, SEEING NONE , I WILL ADJOURN * This transcript was compiled from uncorrected Closed Captioning.