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[00:00:06]

>> GOOD EVENING OR AFTERNOON. WE WILL CALL THE JUNE BOARD OF

[ROLL CALL ]

BONING ADJUSTMENT MEETING TO ORDER AT 4:30 P.M.

ROLL CALL. >> WILL FAULKNER.

>> HERE. >> MARY BOYD.

>> HERE. >> EMMY SORRELLS.

>> HERE. >> LATISHA SMITH.

[APPROVAL OF MINUTES ]

>> HERE. >> ELIZABETH STRANE.

>> MALCOLM DAILEY. >> BEFORE WE CALL FOR THE APPROVAL OF THE MINUTES, WE NEED TO CALL A SUPREMACY FORWARD.

>> WILL FAULKNER, >> YES.

>> MARY SORRELLS. >> YES.

>> LATISHA SMITH. >> YES.

>> IF WE CAN GET SOMEONE TO PLACE A MOTION TO ACCEPT THE MEETING MINUTES FROM MARCH FOUR, 2026.

>> MOVE TO APPROVE. >> I WAS NOT HERE.

>> SECOND. I SECOND THE MOTION.

>> WILL >>

[CHAIRMAN’S OPENING REMARKS ]

>> >> SMITH.

>> YES. STRANE

>> YES. >> THANK YOU SO I WILL OPEN THE MEETING WITH MY CHAIRMAN'S OPENING REMARKS.

ANY PERSONS AGGRIEVED BY ANY DECISION OF THE BOARD MAY WITHIN FIFTEEN DAYS AFTER SUCH DECISION APPEAL 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 SUPER NEWMANARIES PARTICIPATE IN ALL DISCUSSIONS BUT ONLY VOTE WHEN NECESSARY TO ASSURE FOUR VOTING MEMBERS AND HAVE A BOARD CONSISTENT OF FIVE MEMBERS WHEN POSSIBLE.

ALL DECISIONS ARE MADE WITH A ROLL CALL VOTE AND A CONCURRING VOTE IS REQUIRED TO APPROVE AN APPLICATION FOR A VARIANCE.

OUR REGULAR MEMBERS AND SUPER NUMERARIES CAN VOTE.

[1. Table 5-1: Lot Area, Maximum Impervious Surface, and Parking Requirements for Conventional Subdivisions (maximum ISR and rear setbacks), of the City of Auburn Zoning Ordinance ]

WITH THAT SAID, WE WILL MOVE TO OUR FIRST AND ONLY CASE OF THE

DAY WHICH IS BZ 2026-007. >> GOOD AFTERNOON.

>> GOOD AFTERNOON. >> THIS IS A REQUEST FOR TWO VARIANCES. ONE IS TO THE MAXIMUM I SR OR IMPERVIOUS RATIO. THE APPLICANT IS ASKING FOR 36% AND THE SECOND IS THE REAR SETBACK OF 25 FEET TO ALLOW EIGHT FEET AND FOUR INCHES. THE SUBJECT PROPERTY IS LOCATED AT 20 -- OH GOODNESS. WHAT HAPPENED? HERE WE GO. 203 BRIDGEWATER BOULEVARD.

AT THE THE CORNER OF BRIDGEWATER BOULEVARD AND TOURING LANE.

IT'S LEGAL 11,000 SQUARE FEET AND IN THE CARAY CREEK SUBDIVISION. THIS IS A SITE PLAN FOR EXISTING SINGLE FAMILY RESIDENCE ON THE LOT.

A CO WAS ISSUED FOR THIS HOME IN NOVEMBER OF '21 AND AT THAT TIME, AT THE TIME IT WAS CONSTRUCTED.

IT WAS IF COMPLIANCE WITH ISR AND THE SETBACK REQUIREMENTS.

AFTER THE CONSTRUCTION AND CO, A 19 BY 16 PATIO WAS ADDED AT THE REAR OF THE HOME AND DID NOT REQUIRE A PERMIT BECAUSE IT WAS UNDER 30 INCHES TALL. WHICH DOES ALLOW IT TO EXTEND TO THE PROPERTY LINE. THE ADDITION OF THE CONCRETE PATIO PUSHED OVER THE MAXIMUM ALLOWED.

THE VARIANCE WOULD ALLOW THE ADDITIONAL 304 SQUARE PATIO TO REMAIN ON THE LOT. THIS SHOWS THE PROPOSED WHERE THE CONCRETE PATIO IS AND WHERE THE APPLICANT PROPOSES TO CONSTRUCT A PATIO TO COVER OR A PORCH TO COVER THE PATIO.

LIKE I MENTIONED, THE CONCRETE SLAB IS PERMITTED TO EXTEND UP TO FIVE FEET TO THE PROPERTY LINE BUT WITH THE ADDITION OF THE PORCH IT'S REQUIRED TO FOLLOW THE SETBACK REQUIREMENT WHICH IS 20 FEET. AND IN THIS INSTANCE IT WOULD BE

[00:05:02]

8 FEET AND FOUR INCHES TO THE PROPERTY LINE.

THAT'S AN OVERVIEW AND I CAN ANSWER QUESTIONS.

>> I DO HAVE A QUESTION. SO WHEN I READ WHAT YOU JUST STATED IN THE DISCUSSION, WE STATE SOME TIME AFTER THE INITIAL CONSTRUCTION. SO WHAT DOES THAT MEAN? DOES THAT MEAN IT WAS AN ADDITIONAL OWNER, WE DON'T KNOW

WHEN IT WAS CONSTRUCTED? >> I'M NOT SURE

>> IS IT THE SAME OWNER? SO --

>> I BELIEVE -- >> OR DID THE OWNERSHIP CHANGE?

>> THIS IS THE SECOND OWNER. >> SO JUST FOR CLARIFICATION, SO WHEN AN UNKNOWN CHANGE IS MADE WHERE THEY ACTUALLY ADDED THIS PATIO AND THEN WE EXCEEDED THE ISR REQUIREMENT, DOES THAT

MAKE IT LEGALLY NONCONFORMING? >> IT IS NONCONFORMING.

NOT LEGAL. >> YEAH.

SO, I GUESS -- >> IT WAS CONFUSING WHEN I WAS

READING. >> SO NORMALLY IF WE LIKE I GUESS ON COMMERCIAL PROJECTS AND WE DISCOVER SOMETHING LIKE THAT, THEY ARE FORCED TO RIP IT OUT. SAME THING ON RESIDENTIAL PROJECTS TOO. SO, THAT'S KIND OF, THAT'S ONE OF THOSE THINGS LIKE WHERE WE END UP A PLAN GETS SUBMITTED AND WE DISCOVER SOMETHING AND THEY ARE FORCED TO COME INTO COMPLIANCE. IT'S NOT SOMEONE CALLED.

IT'S NOT -- SO THIS ISN'T A CATALYST TO MAKE PEOPLE GET PERMITS, FOR THIS. IT'S JUST THE PROCESS.

WE WOULD FORCE SOMEBODY TO RIP THIS OUT.

THAT'S HOW THIS WOULD GO. IT'S NOT ALL OF IT, BUT ENOUGH

TO BE COMPLIANT. >> OKAY.

ANY OTHER QUESTIONS FROM ANYONE ELSE?

>> I GUESS I DID KIND OF WANT TO STRESS KIND OF, IT'S KIND OF THE -- THERE'S TWO VARIANCES, THE ONE FOR THE ISR STUFF AND I GUESS, DO WE HAVE ANOTHER EXHIBIT ASSOCIATED WITH THIS? ANOTHER ONE. NO.

YEAH, SO, I GUESS IT'S KIND OF SEVERAL THINGS WITH THIS.

SO, THE THIS PROVISION IN THE ORDINANCE JUST KIND OF LESS THAN 30 INCHES. NOT REALLY APPLICABLE TO IT.

REALLY FINE. AND I GUESS KIND OF THIS IS ONE OF THINGS WE WENT BACK AND FORTH WITH INITIALLY.

LOOKING AT THE BUILDABLE AREA. IF THEY WENT ON THE OTHER SIDE OF THE HOUSE THAT COULD BE FINE FROM A STRUCTURE POINT.

THE FLOW OF THE HOUSE AND LIKE IT DOESN'T WORK THAT WAY.

BUT THE REASON THIS DOESN'T FALL UNDER THIS, IT'S NOT A DECK.

IT'S NOT A FLOATING PATIO. IT'S LIKE YOU KNOW CEDAR, THE KIND ATTACHED TO THE HOUSE. REALLY BIG, ALMOST LIKE AN ADDITION EVEN THOUGH IT'S COVERING OVER A DECK PORTION.

I THINK ONE OF THE THINGS JUST KIND OF THAT I WANTED TO STRESS JUST KIND OF LIKE THROUGH THE STAFF REPORT, SO, THE ISR LIKE YOU KNOW IS JUST KIND OF ONE THING.

BUT FROM THE STRUCTURE SIDE OF THINGS, THE VARIANCE WOULD MEAN THAT YOU KNOW, SOMEONE IF THEY WANTED TO EXTEND ALL OF THE HOUSE, LIKE EXPAND THE HOUSE ENTIRELY, NOT JUST LIKE THE COVERED PATIO OR SHOULD THE HOUSE BURN DOWN OR ANYTHING, THE ENTIRE HOUSE WOULD BE ABLE TO GO UP TO EIGHT FEET.

JUST SOMETHING TO THINK ABOUT. THIS ISN'T FOR YOU KNOW THE COVERED PATIO KIND OF DEAL. AND KIND OF REITERATED THE THINGS IN THE STAFF REPORT. YOU KNOW, THE CHARACTER OF THE HOUSE, CHARACTER OF THE NEIGHBORHOOD.

ALL THESE THINGS, SETBACKS DO DRIVE THAT AND I THINK ESPECIALLY LIKE I SAID, THIS IS ONE OF THINGS THAT WHEN I WAS ASKING, WE WERE WORKING THROUGH IT.

IT'S NOT A FLOATING DECK. IF IT WAS A FLOATING DECK, WE WOULDN'T BE HERE. KIND OF HOW THE HOUSE SITS, THE APPLICANT PROBABLY HAS PICTURES OF IT.

THERE'S A DECK THAT'S ENCLOSED NOW THEY HAVE AND THEY HAVE THIS STEPS DOWN TO LIKE THIS PATIO AREA AND THEN THEY'RE COVERING IT. SO BUT IT'S KIND OF ON THE PLAIN WITH THE REST OF HOUSE. IT'S A VERY LARGE STRUCTURE WHAT WE'RE TALKING ABOUT. LIKE INITIALLY I THOUGHT WE WERE TALKING ABOUT SOMETHING ELSE BEFORE I GOT CLARITY.

JUST KIND OF OVER JUST FROM A HARMONY STANDPOINT, ALL THOSE OTHER THINGS, I THINK KIND OF THE BIGGEST THING TO REALLY FOCUS ON THIS IS REALLY, I WOULD SAY NOT ANYTHING LIKE WHERE THE ORDINANCE CHANGE. WHEN THIS GUY BUILT, THESE WERE THE SETBACKS. THEY WERE COMPLIANT.

PEOPLE BUILDING THINGS WITHOUT A PERMIT.

IT'S NOT LIKE ANYTHING NEFARIOUS WAS DONE.

SOMETHING THE CONTRACTOR SHOULD HAVE KNOWN OR IGNORED.

IF WE FIND IT, WE WOULD MAKE THEM RIP IT OUT.

[00:10:02]

FROM OUR STAND POINT OF THIS, NO REAL UNIQUE, NOTHING REALLY UNIQUE HERE. I THINK ON, I KNOW IT'S REALLY ODD. PEOPLE DESIRE CORNER LOTS AND THE CORNER LOT IS GOING TO HAVE THESE ISSUES WITH GREATER SETBACKS ON THE SIDE STREETS KIND OF DEAL.

THE THING TO REALLY BE AWARE OF IS THAT IF THIS HOUSE WERE TO EVER GO AWAY AND BE REPLACED, IT WOULD BE ALL THE WAY UP TO EIGHT FEET. LIKE I SAID, SO JUST SOMETHING TO BE AWARE OF AND I GUESS FROM STAFF'S PERSPECTIVE, IN ADDITION TO LIKE A PERFECTLY FUNCTIONING HOUSE, NO HARDSHIP.

NO DISASTER OR ANYTHING HAPPENED.

LIKE I SAID FROM OUR POSITION, NO HARDSHIP WOULD BE --

>> WOULD THAT EIGHT FEET BE JUST ON THAT ONE SIDE WHERE

WE'RE ALLOWING? >> NO, YEAH, SO IT WOULD BE, I GUESS IT, READ WHAT THE VARIANCE.

I THINK IT'S JUST TO THE REAR >> THE HOUSE IS ORIENTED TO FACE BRIDGEWATER DRIVE OR TOURING?

>> FACES BRIDGEWATER, THE REAR OF THE LOT.

I'M ASSUMING LOT FIVE AND FOURTH IS BUILT ON.

ON OUR PLAT IT SAYS CURRENT. THIS WAS WHAT WAS PRESENTED.

PROPERTY OWNERS WILL GET WHAT THEY CAN GET THEIR HANDS ON.

OFTENTIMES THEY HAVE A VISUAL. THEY ARE COVERING IT.

THE HISTORY OF IT JUST KIND OF IN THE DEPARTMENT WAS TALKING TO INSPECTIONS. ONE OF THE THINGS WE ALWAYS RUN INTO. IF THEY JUST DETACH THIS FROM THE HOUSE WOULD IT BE A PROBLEM? HERE IT WOULDN'T.

THE BIG THING HERE EVEN THOUGH THIS IS NOT AN ENCLOSED STRUCTURE HEATED AND COOLED. THE MANNER AND SIZE OF IT.

MAKES IT, IT'S ALWAYS BEEN TREATED AS A PART OF THE HOUSE AND HAS HAD TO COMPLY WITH SETBACKS.

THAT'S THE CONVERSATION I HAVE WITH INSPECTIONS.

JUST HAVING CONVERSATIONS ABOUT IT, WE WERE LOOKING AT A WAY TO MAKE THIS WORK AND IT JUST DOESN'T.

THAT'S ONE OF THE THINGS, WHEN WE WERE TALKING ABOUT INSPECTIONS WERE ADAMANT. THEY WANTED TO MAKE SURE I UNDERSTOOD WHERE THEY WERE COMING FROM A HISTORIC

STANDPOINT. >> YOU DID SAY THERE'S A DECK AND THIS PATIO IS ATTACHED TO THE DECK.

>> YEAH, SO HOW THE HOUSE IS. THERE'S AN ENCLOSED DECK.

YOU SEE THE GRAY SQUARE ON THE BOTTOM OF THE HOUSE.

THAT'S AN ENCLOSED DECK AREA THEY ALREADY HAVE.

THE ADDITION OF THE PATIO STEPS DOWN TO THAT, LIKE THERE'S

STEPS, YEAH. >> RIGHT.

RIGHT. THAT'S HOW IT IS.

SO, LET ME JUST, I'M SMILING IT'S YOU SPEAKING.

YOU'RE GIVING THIS EXPLANATION. I THOUGHT IT WAS JUST IS ME.

I FOUND IT TO BE CONFUSING AND I ACTUALLY WENT OUT AND SEARCHED AND TRIED TO SEE THE HOUSE TO SEE IF I COULD SEE THE BACK SO I COULD SEE WHAT IT WAS WE WERE GOING TO BE DISCUSSING AND DIDN'T SEE IT. I'M HOPING THE APPLICANT IS HERE

WITH A PICTURE. >> YEAH, I GUESS --

>> SHARE WITH US. SEEMED LIKE IT WAS A LOT OF EXTRA INFORMATION. I WANT TO MAKE SURE YOU'RE GETTING US TO HARMONIZE, THE THINGS WE'RE FOCUSING ON THE

MOST IS THE >> YEAH.

SO. YEAH.

YEAH. >> YEAH, SO, THAT DOES REQUIRE A VARIANCE. BUT, LIKE I SAID, IF IT WERE ANY OTHER PROJECT, IT WOULD BE CAUGHT IN DRT AND WE WOULD MAKE THEM CHANGE IT. IF WE WERE DOING SOMETHING ELSE AND FOUND IT WAS NONCOMPLAINT. THEY WOULD HAVE TO RIP IT OUT.

>> ALL RIGHT. THANK YOU.

SO IF WE DON'T GIVE THEM THE VARIANCE WOULD THEY TECHNICALLY HAVE TO RIP IT OUT BACK TO WHERE IT WOULD BE COMPLIANT?

>> YEAH. IT WOULD BE SOMETHING INSPECTIONS WOULD HANDLE. THEY WOULD PROBABLY MAKE THEM

FIGURE IT OUT. >> ANY MORE QUESTIONS FOR THE STAFF? OKAY.

WE'LL OPEN UP IT TO THE PUBLIC HEARING.

IS THE APPLICANT HERE? >> YES, I WILL SPEAK ON BEHALF

OF MR. RANDALL PINKSTON. >> DID YOU SIGN IN?

>> NO PROBLEM. >> YES SO I DO HAVE A PICTURE.

>> WHAT IS YOUR NAME. >> ADAM.

[00:15:03]

THANK YOU GUYS FOR TAKING THE TIME THIS AFTERNOON.

I DO HAVE A PICTURE A ROUGH RENDERING OF HOW THE PORCH WILL BE CONSTRUCTED ON TOP OF CONCRETE PATIO.

HE DOES HAVE AN EXISTING DECK ON THE BACKSIDE OF THE HOUSE BECAUSE INSIDE OF A NOOK. IT'S A VERY SMALL DECK AND CURRENTLY SCREENED IN. IT'S HARD TO FIT GRILLS AND HAVE THE WHOLE FAMILY INSIDE OF THERE.

SO, THAT IS THE REASONING YOU COME DOWN FROM THE DECK ON TO THIS BIG NICE STAMPED CONCRETE PATIO ON THE HOME.

CURRENTLY ON THE BACK OF THE HOME IS THE OUTDOOR KITCHEN AND TABLE AND STUFF LIKE THAT. HE IS ON THE CORNER LOT NO TREES. BLAZING HOT, BUGS, RAIN.

SO THEY'RE LOOKING TO PUT SOMETHING COMING OFF THE SIDE.

WE'RE DOING AN A-FRAME OR HEATING AND COOLING.

JUST COMING OFF THE SIDE WITH A NICE HARDY TRIM TO MATCH THE AESTHETICS OF THE HOME. WILL BE MOUNTED TO THE RETAINING

WALL. >> I GUESS, SO, I HAVE A VISUAL OF IT. I WILL PULL IT SOMEWHERE WHERE YOU CAN PUT IT. SEVEN.

>> OKAY. BUT YES, WE'RE JUST LOOKING FOR A SPACE TO GET OUT OF THE SUN, GET OUT OF THE RAIN.

MAKE SOME MORE MEMORIES IN WITH HIS FAMILY.

THE DECK IS VERY SMALL. AND I WOULD LIKE TO NOTE ALL SURROUNDING NEIGHBORS AND THE HOA ARE ON BOARD.

>> THAT WOULD BE ALL. THANK YOU VERY MUCH.

>> WE WERE JUST PULLING IT UP. ARE WE WAITING ON YOU JUSTIN?

OKAY. >> THERE ARE PHOTOS THAT THREE OF THE FIVE OF US COULD PULL UP. ADAM, ONCE THE PICTURES COME UP,

WE MAY HAVE QUESTIONS FOR YOU. >> THE APPLICANT STATED THAT ALL THE NEIGHBORS WERE ON BOARD. DID WE RECEIVE ANY COMMUNICATION

ON THIS OFFICIALLY? >> WE DID HAVE ONE NEIGHBOR CALL IN BUT THEY REALLY DIDN'T EXPRESS FOR OR AGAINST.

>> THE THEY WANTED TO KNOW WHAT WAS GOING ON.

>> PRETTY MUCH. >> ALL RIGHT.

SO IT SHOULD BE, I GUESS I PUT IT IN THE CASE FILE.

SO IF YOU GO TO -- THAT'S IN THE --

>> I CAN SEE PHOTOGRAPHS. >> SO, YEAH, IF YOU GO BACK TO WHERE YOU WERE LIKE THE PACKETS FOR THIS ONE, IT WILL BE IN

THERE. >> THERE IS A POURED CONCRETE PATIO THAT DOES -- YOU CAN SEE IT'S QUITE FAR.

IT'S -- SO THIS IS WHAT IS PROPOSED? THERE WE GO. SO THIS WAS THE RENDERING THAT THEY SENT OVER. SO AS YOU SEE, THIS IS THE TO THE LEFT IS LIKE THE ENCLOSED PATIO NOOK THING THEY'RE TALKING ABOUT. IS THE ENCLOSED DECK NOOK THEY'RE TALKING ABOUT AND SO THEN THIS IS THEIR STRUCTURE THEY ARE TALKING ABOUT. OUTDOOR KITCHEN.

>> THE DRAWING PROPOSES A KNEE WALL.

>> YEAH, YEAH, SO THIS IS LIKE AN AR RENDERING.

IT'S NOT FULLY ACCURATE. >> CHATGPT CAN ONLY GO SO FAR.

>> SO WERE THERE DIMENSIONS OF THIS THAT YOU'RE ALLOWED TO DO?

>> YEAH, SO PRETTY MUCH KIND OF LIKE IT JUST WOULDN'T BE ABLE TO GO TO THE FULL PORTION OF THE HOUSE.

LIKE TO THE FULL PORTION OF THE EDGE OF THE CONCRETE AND SO LIKE

[00:20:04]

IF THEY WERE TO DO A GAZEBO OR SOME SORT SEPARATE FROM IT, LIKE I SAID, I KNOW WE TALK ABOUT ALL THESE NUANCES OF THE CODE.

BUT I FEEL WHEREVER WE WORK WITH COMMERCIAL OR NONRESIDENTIAL, THESE ARE THINGS THAT COME UP. THESE ARE THINGS THAT WE PUSH INTO DRT AND IT DOES IMPACT THE DESIGN OF THINGS.

THAT'S WHY GUYS NORMALLY CALL US BEFOREHAND.

THERE WOULD BE AN ALTERNATIVE. IT WOULDN'T BE CONNECTED TO THE HOUSE. I KNOW THAT'S ALWAYS THE THEME OF THE DISCUSSIONS HERE SINCE CONNECTED IT TO THE HOUSE, THEN APPLIES LIKE PUTS ASCRIBES DIFFERENT SETBACKS VERSUS WHEN

YOU DETACH IT FROM THE HOUSE. >> IF YOU DETACH IT WOULD HAVE

TO BE 10 FEET FROM THE HOUSE. >> I MIGHT BE THE ONLY ONE THAT IS STILL CONFUSED. I KNOW THIS IS A RENDERING.

ARE WE SAYING THERE'S NOTHING HERE IN AND IT'S JUST A DECK OR IS THERE STILL THIS PIECE THAT WE SAID WAS AFTER THE

CONSTRUCTION. >> THE ONLY THING IS THE POURED

CONCRETE. >> JUST THE STAMPED CONCRETE

THERE. >> ALL RIGHT.

OKAY. ANY QUESTIONS FOR THE APPLICANT?

>> SO IF THEY DID THE DETACHED COVERING, WOULD THAT BE IN COMPLIANCE WITH THE CODE IF IT COVERED, IF IT WAS ATTACHED AND

COVERED THIS CONCRETE. >> NO.

NO. >> THAT WOULD BE -- THIS CONCRETE PAD I GUESS IS ATTACHED TO THE HOUSE.

>> RIGHT, RIGHT. SO IT WOULD HAVE BEEN SOMETHING WHERE THEY PROBABLY WOULD HAVE HAD A SEPARATE AREA THAT WOULD HAVE BEEN FURTHER. I GUESS KIND OF LIKE DRIVING BY THE FENCE. IT'S PRETTY TIGHT BACK THERE.

BUT, YEAH, SO JUST IT WOULD HAVE BEEN DESIGNED COMPLETELY

DIFFERENTLY. >> SO IF I WAS TO BREAK THE TWO VARIANCES INTO TWO, ONE AND TWO. SO, WITHOUT A VARIANCE, I NEED TO REMOVE A PORTION OF THIS TO BE IN COMPLIANCE.

>> THAT IS CORRECT. SO, WE DO THAT, GUYS OFTENTIMES YOU KNOW IT LOOKS COOL LIKE THE DRIVEWAYS THAT ARE SPLIT.

THEY HAVE GRASS IN THE MIDDLE. OFTEN THEY'RE TRYING TO MEET ISR STUFF OR THE COOL IMPERVIOUS PAVERS.

THOSE ARE THE TRICKS AND IT'S COMMON THROUGHOUT TOWN

THAT. >> YEP.

>> I AGREE WITH YOU. I THINK I DON'T WANT TO SEE THEM HAVE TO RIP THIS UP. I THINK PROBABLY WHAT THEY WERE TRYING TO STAY IN COMPLIANCE. THEY ARE 1% OVER ISR.

CAN WE SEPARATE THOSE AND APPROVE A VARIANCE?

>> YEAH, YEAH. SO THESE ARE TWO VARIANCES.

SO YOU DON'T HAVE TO SEPARATE THEM.

THEY ARE ALREADY SEPARATE. SO JUST CONSIDER THEM SEPARATELY. THE ISR VARIANCE AND ISR AND THE

COVERED PATIO VARIANCE. >> WE HAVE LOOKED AT EVERY OTHER POSSIBLE ALTERNATIVE FOR GETTING THEM A COVERED SPACE? AND THERE'S, IT'S JUST NOT POSSIBLE.

>> YEAH, I GUESS I DON'T KNOW THAT TO BE TRUE.

I GUESS THIS IS JUST KIND OF ONE OF THE THINGS OFTENTIMES WITH RESIDENTIAL THEY WILL COME TO US HEY HERE'S WHAT WE WANT TO BUILD AND IT'S LIKE, WELL, HAVE YOU THOUGHT ABOUT THE OTHER THINGS? IT'S WE'RE JUST TRYING TO BUILD THIS.

>> ANY OTHER QUESTIONS? >> YES, I ASSURE YOU --

>> I AM RANDALL PINKSTON. I'M THE OWNER.

I WOULD NOT BE HERE IF THERE WAS ANY OTHER OPTION.

I DIDN'T EVEN WANT TO GO THROUGH THIS PROCESS A COUPLE YEARS AGO.

I RETIRED HERE COUPLE YEARS AGO AND BOUGHT THE HOUSE AND PROBABLY DIDN'T THINK THROUGH BUT I WOULD STILL HAVE BOUGHT THE HOUSE. I WOULDN'T BE HERE IF THERE WAS ANOTHER OPTION. WE TALKED ABOUT A GAZEBO AND IT'S A WORSE CASE SCENARIO. IT'S JUST A SMALL LOT.

I MEAN IT IS WHAT IT IS. I GET THAT.

I UNDERSTAND THE, WE HAVE RULES AND REGULATIONS FOR A REASON.

I GET ALL THAT. I WAS HOPING FROM A THE ONLY REASON I'M HERE TO SAY, HEY, THIS IS, ALWAYS WHEN IT'S US OR YOU'RE INVOLVED, YOU THINK IT'S AN EXCEPTION.

WHEN IT'S NOT, IT'S NOT. THAT'S WHY I ASK FOR CONSIDERATION. TO ANSWER YOUR YES.

>> AND YOU DID NOT POUR THE PAD?

>> THAT WAS HERE. WE HAVE DONE LANDSCAPING AND STUFF IN THE YARD. TREMENDOUS A LOT OF LANDSCAPING.

[00:25:01]

WE HAD A DRAINAGE ISSUE. FIXED THAT.

TO ANSWER YOUR QUESTION, NO IT'S THERE.

>> IT'S TRICKY TOPOGRAPHY. THERE'S A HOUSE FOR SALE RIGHT ACROSS THE STREET FROM OURS. IT HAS A CRAZY YARD.

I DO UNDERSTAND THERE'S SOME ISSUES WITH SOME OF THE THOSE

LOTS OVER THERE. >> I KNOW.

I WISH WE COULD DO EVERYTHING WE WANT TO BUT WE HAVE RULES.

>> OKAY. IF THERE ARE NO MORE QUESTIONS.

WE WILL CLOSE THE PUBLIC HEARING AND OPEN FOR BOARD DISCUSSION.

>> IF I COULD, JUST, AS WAS MENTIONED, KEEP IN MIND IN YOUR DELIBERATION, IF YOU PASS THIS VARIANCE, IT WOULD RUN WITH THE LAND. IF THIS HOUSE YOU KNOW IS DESTROYED AND REBUILD IT, THOSE VARIANCES WOULD APPLY TO WHAT GETS BUILT IN THE FUTURE. JUST WANT TO MENTION THAT AND REMIND YOU AS JUSTICE ALREADY SAID.

>> CERTAINLY HOPE THAT DOESN'T HAPPEN.

>> THANK YOU FOR THAT CLARIFICATION.

ANY DISCUSSION? >> I DON'T SEE UNIQUE HARDSHIP FOR THE SECOND VARIANCE. IT'S UNFORTUNATE BUT IT'S, I DON'T SEE ANY KIND OF UNIQUE HARDSHIP AS FAR AS ATTACHING TO THE HOUSE AND COVERING THE WHOLE PAD.

>> IT'S A VERY LARGE PATIO. I AM INCLINED TO GO AHEAD AND PASS THE VARIANCE FOR THE 1% FOR THE ISR.

JUST SO HE CAN KEEP THE EXISTING PATIO.

BUT I DON'T, THE 11 FEET, I'M GETTING STUCK ON THAT.

I DON'T, I FEEL LIKE THERE ARE OTHER OPTIONS OR DO SOMETHING DIFFERENT. THE ZONING ORDINANCE ALLOWS FOR DECKS TO EXTEND FIVE FEET FROM THE PROPERTY LINE.

WHEN YOU ADD THE COVERING. THE CURRENT PATIO DOES NOT REQUIRE A REAR SETBACK. WE'RE NOT TALKING ABOUT SETBACKS. THAT'S JUST ISR.

SO I AM INCLINED TO SAY LET'S DEAL WITH THE FIRST VARIANCE AND

THEN -- >> SECOND.

>> SO WHAT WE HAVE SEPARATE DISCUSSIONS?

WOULD WE TAKE THEM SEPARATELY? >> YEAH.

TWO SEPARATE MOTIONS. >> MOTION TO APPROVE THE FIRST

APPEARANCE OF BZ 2026-07. >> WILL FAULKNER.

>> YES. BOYD.

YES. JUDGE JOR SOR SO -- SORRELLS.

YES. STRANE.

>> ,A PROVED. >> OPEN BACK UP FOR DISCUSSION.

VARIANCE NUMBER TWO. SO, I FEEL LIKE WE HAD SOME DISCUSSION. I MEAN, WHILE IT'S BEAUTIFUL, I'M THINKING ABOUT THE WORK THAT I DID IN MY OWN BACKYARD TO HAVE THE FAMILY GATHERINGS AND CONSCIOUS, I'M ON THE BZA AND HAVE TO DO THIS. WE HAVE TO TRY TO COME UP WITH THE MOST REASONABLE USE TO GET. I JUST THINK THAT THIS IS A VERY LARGE VARIANCE THAT IS BEING REQUESTED.

IT'S VERY NICE BUT, I AM THINKING THERE MAYBE OTHER OPTIONS. THAT'S JUST --

>> I AGREE. >> UNFORTUNATELY, I JUST DON'T SEE A WAY AROUND JUST BECAUSE WE'RE BOUND TO ABCD E F G.

AND I DON'T SEE THIS VARIANCE MEETS ANY OF THE REQUIREMENTS.

NOT A HARDSHIP. OBVIOUSLY NO SPECIAL PRIVILEGES.

UNIQUE CIRCUMSTANCES. I MEAN.

I APPRECIATE WANTING TO USE THAT.

OKAY I WILL MAKE A MOTION FOR THE SECOND PART OF THIS, THE VARIANCE OF 11 FEET EIGHT INCHES TO BZ2026-07.

FAULKNER. >> NO.

NO. >> SMITH.

>> SNOW NO >> FAILED.

[OTHER BUSINESS]

>> WE DON'T HAVE ANY OTHER BUSINESS TO TAKE CARE OF.

IS THERE ANYTHING THAT YOU HAVE FOR US?

>> YEAH, I GUESS WE CAN TALK AFTER THIS.

BECAUSE I KNOW YOU MENTIONED POSSIBLE TRAINING.

BUT, WE CAN TALK ABOUT THAT. I DON'T THINK WE HAVE, I THINK THERE MIGHT BE ANOTHER PENDING CASE OR TWO BUT WE HAVEN'T GOTTEN ANY APPLICATIONS YET. SO JUST PEOPLE INQUIRING ABOUT

[00:30:01]

THEM. SIMILAR STUFF.

GARAGES. >> ALL RIGHT.

SO YOU WILL FOLLOW UP WITH US. >> I WILL.

I SO WE HAVE A LOT OF NEW MEMBERS.

SO WE JUST WANT TO DO JUST A QUICK TRAINING REFRESHER ABOUT THE ROLE OF THE BZA AND HOW WE ARE TO EVALUATE THESE VARIANCES.

THAT IS TO SAY ONE I REQUESTED. HOPEFULLY WE WILL BE ABLE TO FIND SOME TIME MAYBE AN HOUR TO AN HOUR AND A HALF AT LUNCH IF THAT WORKS FOR EVERYONE'S SCHEDULE.

ALL RIGHT. I DON'T HAVE ANYTHING ELSE.

IF THERE'S NOTHING ELSE, WE WILL ADJOURN THIS MEETING AT

* This transcript was compiled from uncorrected Closed Captioning.