[00:00:01]
LET'S CALL THE BOARD OF ZONING ADJUSTMENT.
UM, MEETING TO ORDER AT 4:30 PM ON OCTOBER 7TH, 2026.
[APPROVAL OF MINUTES]
APPROVAL OF THE MINUTES FROM THE LAST MEETING.I MAKE A MOTION TO APPROVE THE MINUTES AS PRESENTED.
I'LL SECOND WILL FAULKNER? YES.
[CHAIRMAN’S OPENING REMARKS]
SO I WOULD DO MY, UH, CHAIRMAN OPENING REMARKS.AND BEFORE I DO THAT, I WILL SAY THAT MALCOLM DAILEY WILL, OUR SUPER NUMER WILL BE CALLED UP TO PARTICIPATE IN TODAY'S MEETING.
SO MY CHAIRMAN, COMMUNICATION, ANY PERSONS AGGRIEVED BY ANY DECISION OF THE BOARD WITHIN 15 DAYS AFTER SUCH DECISION APPEALED TO THE CIRCUIT COURT HAVING JURISDICTION ACCORDING TO SECTION 9 0 8 0.02 OF THE ZONING ORDINANCE OF THE CITY OF AUBURN, ALABAMA.
THE BOARD CONSISTS OF FIVE REGULAR MEMBERS AND TWO SUPERNUMERARIES.
THE SUPERNUMERARIES PARTICIPATE IN ALL DISCUSSIONS, BUT ONLY VOTE WHEN NECESSARY TO ASSURE FOUR VOTING MEMBERS AND HAVE A BOARD CONSISTENT 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 AND APPLICATION FOR A VARIANCE.
ALL REGULAR MEMBERS AND SUPERNUMERARIES IN ATTENDANCE CAN PARTICIPATE IN A DISCUSSION, BUT ONLY REGULAR MEMBERS CAN VOTE UNLESS CALLED UPON BY THE CHAIR TO VOTE.
THAT CONCLUDES MY OPENING REMARKS.
[1. Variance to Table 4-2: Performance Standards for Residential Uses by District of the City of Auburn Zoning Ordinance BZ-2026-008]
WE WILL OPEN UP FOR OUR NEW BUSINESS TODAY.THIS IS A REQUEST FOR A VARIANCE TO THE, TO THE REQUIREMENT THAT A LOT IN THE RURAL ZONING DISTRICT, VIA MINIMUM OF THREE ACRES, THE VARIANCE WILL ALLOW A SUBDIVISION OF LAND TO CREATE A 0.63 ACRE LOT IN THE RURAL ZONING DISTRICT AT 2 4 7 4 PINK LANE.
UM, THE VARIANCE REQUEST IS SPECIFIC TO THAT ADDRESS, BUT IT ALSO AFFECTS THE PROPERTY DIRECTLY TO THE NORTH AT THE CORNER OF PINK LANE AND FARMVILLE ROAD.
BOTH PARCELS ARE CURRENTLY NONCONFORMING IN SIZE LESS THAN THE REQUIRED THREE ACRES.
THE SHARED PROPERTY LINE BETWEEN THESE TWO PROPERTIES, UM, CURRENTLY GOES THROUGH THE HOME ON THE SOUTHERN PARCEL.
HERE, THE SUBDIVISION IS NEEDED TO REMEDY THAT ERROR IN ORDER TO SETTLE THE ESTATE OF THE FORMER PROPERTY OWNER OF THE ADJACENT PROPERTY TO THE NORTH.
UM, HE DECEASED, HE IS DECEASED AS OF 2021, THE, UM, SUB THE SUBDIVISION WILL ALLOW THE PROPERTY LINE TO BE MOVED.
SO THE HOME IS LOCATED ENTIRELY ON ONE LOT AND THE REQUEST IS FOR THE MINIMUM VARIANCE NEEDED.
THERE WILL BE NO, UM, ADDITIONAL NONCONFORMITIES CREATED.
THE PLANNING COMMISSION GRANTED A WAIVER TO THE SUBDIVISION REGULATIONS TO ALLOW THE ADJACENT PROPERTY TO THE NORTH TO BE SUBDIVIDED AS SHOWN HERE.
AND BOTH THE WAIVER AND VARIANCE REQUESTS MUST BE GRANTED TO RECORD THE SUBDIVISION.
I DO HAVE A QUESTION FOR YOU, AMBER.
SO CAN YOU SHARE A LITTLE BIT MORE ABOUT WHAT THE, THE PLANNING COMMISSION AND THE DECISION THAT WAS MADE THERE? IT WAS PRETTY MUCH THE SAME THING.
UM, SINCE THE PROPERTY TO THE NORTH IS LOCATED OUTSIDE OF THE CITY LIMITS, IT WAS A VER UH, WAIVER TO THE SUBDIVISION REGULATIONS INSTEAD OF A VARIANCE TO THE ZONING ORDINANCE.
SO THEY GRANTED THE WAIVER TO ALLOW THIS SUBDIVISION.
AND SO THE CONTEXT ON THIS IS PRETTY MUCH JUST KINDA HOW AMBER'S OUTLINED IT.
UM, THE BIGGEST THING, JUST KINDA FROM A TIMING STANDPOINT, IT WOULD'VE PUT TWO, I GUESS IF THERE'S THE, EXCUSE ME THERE.
SO LET'S SAY IF WE WERE TO APPROACH THIS FROM A DIFFERENT SCENARIO, REZONE 'EM BOTH.
SO WITH ONE BEING OUTSIDE, OUTSIDE OF THE CITY LIMITS, ONE WOULD HAVE TO THEN ANNEX, THEN REZONE, AND THEN THIS PROPERTY WOULD'VE HAD TO REZONE TO DO IT.
I, I THINK JUST KIND OF, AND THE APPLICANT CAN PROBABLY SPEAK TO THIS, OKAY, THE ESTATE, AND I GUESS HOW MUCH HAS THIS BEEN WORKING OUT? IT'S NOT AS SIMPLE AS JUST ESTATE PLANNING AND THEY'RE ALSO UNDER A COURT ORDER
AND SO TIME IS OF THE ESSENCE.
UM, I I GUESS IT'S KINDA LIKE WHERE THEY'VE, I GUESS IT'S KIND OF WHAT THE APPLICANT REALLY HAS COMMUNICATED.
SO WHEN THEY REACHED OUT AND KIND OF, IT'S NOT EVEN WHEN THEY REACHED OUT, THIS IS SUPPOSED TO GO ON THE PLANNING COMMISSION AGENDA
[00:05:01]
OR NOT ON THE PLANNING COMMISSION AGENDA.THIS IS SUPPOSED TO GO ON THE CITY COUNCIL AGENDA.
IN MY REVIEW, I REALIZED, I, I REACHED OUT AND I WAS LIKE, HEY, I'M, I'M NOT GONNA SIGN THIS
AND SO THIS NEEDS TO, THIS NEEDS TO COME OFF THE AGENDA JUST 'CAUSE IT WASN'T COMPLIANT PRETTY MUCH.
AND SO WENT BACK AND FORTH WITH THE ATTORNEY ABOUT WHAT THEY WERE GONNA DO, UH, BEST WAY FOR THEM TO SOLVE THIS.
AND SO THEY REALLY HAD OPTIONS OF, YOU KNOW, THIS COULD EITHER DRAG ON FOREVER OR, YOU KNOW, THEY COULD EITHER PURSUE THE WAIVER, PURSUE THE VARIANCE, OR THEY COULD REZONE THE PROPERTY.
AND SO REZONING, ANNEX AND REZONING.
AND THEN I GUESS KIND OF LIKE I SAID, I THINK, UH, THE APPLICANT CAN KINDA SPEAK TO THAT.
KINDA LIKE, LIKE THE DIRECTION THAT THEY TOOK.
LIKE I SAID, I, I THINK I, THERE'S A LOT OF MOVING PARTS ON THE APPLICANT'S END, MORE SO THAN ON THE CITY SIDE.
THIS REALLY ALL CAME TO A HEAD WHEN IT WAS SUPPOSED TO GO ON THE CITY COUNCIL AGENDA FOR SOMETHING THAT'S DEDICATED.
THE THING BEING DEDICATED IS EVEN IN QUESTION NOW BECAUSE THE COUNTY MADE A COMMENT THAT THE RIGHT OF WAY NEEDED TO BE DEDICATED, BUT IT'S A CITY ROAD AND THE COUNTY DOESN'T CONTROL IT.
AND SO WE'RE NOT EVEN SURE WHY THE COUNTY MADE THE COMMENT, BUT IT, THERE'S, THERE, THERE'S A LOT, THERE'S A LOT OF STUFF TO THIS, A LOT OF STUFF TO THIS.
AND I JUST WANTED TO PROVIDE THE CONTEXT.
THEY WERE SUPPOSED TO GO TO CITY COUNCIL TO DEDICATE RIGHT AWAY IN REVIEWING IT, THE PLAT AND EVERYTHING WAS FINE, BUT I REALIZED THAT THIS WAS NOT A PLA I COULD SIGN BECAUSE BOTH OF THE LOT MINIMUMS DID NOT MEET.
AND SO THAT WAS COMMUNICATED TO THEM.
AND THE ONLY WAY FOR THEM TO, AS THE MOST EXPEDITIOUS WAY FOR THEM TO SOLVE IT WOULD BE THE WAIVERS ON WAIVER ON THE OUTSIDE AND THEN GET A VARIANCE FOR THE ONE THAT'S IN THE CITY LIMITS.
IN THEORY, THEY COULD ANNEX THEM, THEY COULD REZONE EM.
AND SO THAT'S, THAT IS MY POSITION ON THAT.
WELL YOU GAVE A LOT OF CLARIFICATION.
SO WE WILL OPEN THE PUBLIC HEARING IF, IF THE APPLICANT IS HERE AND CAN SPEAK TO, UM, THE CONTEXT THAT WOULD BE GREAT.
AND IF YOU WOULD STATE YOUR NAME IF YOU HAVE, AND IF YOU HAVE IT, MAKE SURE YOU SIGN IN TOO.
BLAKE RICE, BSI, UM, I, I'M HAPPY TO ANSWER ANY QUESTIONS ABOUT THIS.
WHAT, WHAT CAN YOU START WITH KINDA GIVE US THAT, THE CONTEXT SURE.
'CAUSE IT'S A LOT OF MOVING PIECES AND PARTS THAT, THAT WOULD HELP US IF WE COULD UNDERSTAND THAT WHAT, WHAT AMBER AND JUSTICE SAID IS ENTIRELY CORRECT.
THE, THERE ARE TWO EXISTING NON-CONFORMING LOTS HERE AS IT RELATES TO THE, THE ZONING ORDINANCE.
WELL ACTUALLY ONE IS NONCONFORMING BECAUSE IT'S OUTSIDE THE, INSIDE THE CITY LIMITS.
ONE IS JUST AN EXISTING PIECE OF PROPERTY OUTSIDE THE CITY LIMITS.
THE CURRENT PROPERTY LINE, THIS WAS ALL FAMILY PROPERTY, UM, MULTIPLE GENERATIONS IN THE PAST.
SOMEHOW AT SOME POINT BEFORE I WAS BORN, I THINK
WHEN THE PROPERTY OWNER ON THE NORTH PASSED AWAY, UM, HIS ESTATE WENT INTO PROBATE AND THROUGHOUT ALL OF THIS, THEY, THEY REALIZED THAT THE, THE PROPERTY COULDN'T BE TRANSFERRED BECAUSE OF THIS ISSUE WITH A HOME BEING OVER THE PROPERTY LINE.
SO THE ATTORNEY, UM, HANDLING THIS ESTATE HAS BEEN BACK AND FORTH.
THEY'VE BEEN TO COURT A NUMBER OF TIMES ON THIS TO DETERMINE THE BEST ROUTE FORWARD.
THEY WERE GIVEN AN ORDER, UM, BY THE COURT, UH, I DON'T KNOW, 90 DAYS, 60 DAYS AGO, SOMETHING LIKE THAT, UH, THAT THEY COULD FINALLY PROCEED, UM, WITH, WITH THIS IN THIS MANNER BECAUSE YOU HAD TWO DIFFERENT PROPERTY OWNERS.
SO SOMEBODY HAD TO AGREE TO GIVE UP PARCEL A PORTION OF WHAT THEY OWNED BY DEED.
AND SO THEY GOT ALL THAT HANDLED BY THE COURT, AND AS SOON AS THE COURT RULED ON THAT, THEY SAID, OKAY, GREAT.
GO GET THE PLAT RECORDED AND WE'LL, WE'LL SETTLE THIS.
WELL, THAT'S WHEN EVERYTHING GOT FIGURED OUT THAT UHOH, WE, WE HAVE A NON-CONFORMING LOT.
YOU HAVE, YOU HAVE ONE PROPERTY OWNER THAT IS DECEASED, AND NOW THEY ESTATE, THEY A, THAT ESTATE CAN'T DEAL WITH THE, WITH AN ANNEXATION AND A REZONING.
AND NOW THERE'S A COURT ORDER TO MOVE THIS WITHIN LIKE 45 DAYS OR SOMETHING, WHATEVER THE ATTORNEY PUT IN THAT EMAIL.
UM, SO WHAT WE, WHAT WE LOOKED AT IS THERE ARE TWO EXISTING PARCELS HERE NOW.
UM, WHAT WE ARE DOING IS MODIFYING THE LOT LINE OF ONE OF, OF BOTH PARCELS TO GET IT OUT FROM AROUND THAT HOUSE.
UM, THE HOME, THE H THE PARCEL THAT IS INSIDE THE CITY LIMITS WILL ACTUALLY GET LARGER THAN IT IS TODAY.
UM, IT IS A NON-CONFORMING LOT BECAUSE IT IS TOO SMALL FOR ITS ZONING DISTRICT, BUT IT'S GETTING LARGER WITH THIS PLAT.
IT JUST WON'T MEET THE THREE ACRES.
UM, BUT AT THE END OF THE DAY, THE,
[00:10:01]
UH, PLANNING COMMISSION VOTED TO APPROVE A WAIVER TO THE SUBDIVISION REGULATIONS FOR THE EXACT SAME REQUEST.IT'S SUBJECT TO THE SUBDIVISION REGULATIONS, NOT TO THE ZONING ORDINANCE.
BECAUSE THIS IS NON-CONFORMING WITH THE ZONING ORDINANCE, IT HAS TO COME BEFORE THE BCA.
I'M NOT SURE IF THIS IS FOR THE APPLICANT OR FOR THE CITY.
SO IS, IS THE COURT ORDER DRIVING THIS? WELL, WE TALK ABOUT THINGS HAVE TO HAPPEN EXPEDITIOUSLY AND WE HAVE YEAH.
YOU KNOW, A ORDER BY THE COURT AND SOMEONE THAT'S DECEASED AND IS THE BZA THE ONLY REMEDY TO THIS SITUATION? ALL RIGHT, SO THAT'S A GREAT QUESTION.
SO WHAT IS DRIVING? I, I THINK THE URGENCY ON THEIR END.
UH, I SAID I I THINK INITIALLY, UM, I REACHED OUT TO BLAKE STAFF AND WAS LIKE, HEY, THIS IS JUST NONCONFORMING.
WE'RE GONNA NEED TO WORK THROUGH THIS.
I THINK IN ABOUT AN HOUR OR TWO, I GOT A SCATHING EMAIL FROM AN ATTORNEY, UM, WHO WAS, AND LIKE I SAID, I THINK THE OTHER PART OF THIS IS THAT THIS HAS BEEN DRAGGING ON FOR YEARS AND THERE REALLY ISN'T, LIKE I SAID, THEY WERE REALLY AT THE FINISH LINE AND THEN THIS PLANNING DIRECTOR, THEY'VE NEVER HEARD OF, TOLD HIM HE WANTS SIGNING A PLAT, WHICH IS THE LAST THING THEY NEEDED OVER THE COURSE OF YEARS.
AND SO THAT WAS REALLY KIND OF LIKE WHEN WE GOT, THAT'S WHEN I GOT LIKE THE WHOLE ANTHOLOGY OF KIND WHAT'S HAPPENED.
AND SO IT'S NOT REALLY IN A PLACE WHERE, YOU KNOW, ANNEXATION OR ANY OF THIS ANNEXATION REZONING, LIKE I SAID, I THINK COULD, COULD ADDRESS IT.
BUT I GUESS ALSO MY FIRST QUESTION WAS, WELL, I THINK THIS, IF THIS IS JUST A FAMILY SUBDIVISION, WE DON'T HAVE TO DEAL WITH ANY OF THIS.
FAMILY SUBDIVISIONS AREN'T SUBJECT TO OUR REGULATIONS ANYWAY.
HAD THIS HAD LIKE, LIKE THE DEATH IS WHAT'S TRIGGERING THIS, AND THEN ALL OF A SUDDEN THEY GO INTO PROBATE COURT AND ALL THAT STUFF.
SO THE COURT ORDER AND EVERYTHING, KIND OF GETTING THAT ANTHOLOGY, THE URGENCY I GUESS IS ON THEIR SIDE BECAUSE HE WAS LIKE, LOOK MAN, I'M WORKING THROUGH THIS ON THE ATTORNEY SIDE.
THESE PEOPLE CANNOT AFFORD TO PAY US AND THIS JUST KEEPS DRAGGING OUT, YADA, YADA.
I ASKED HIM JUST VERY CANDIDLY, HE WAS LIKE, THAT THIS IS JUST THE REALITY OF THE SITUATION.
UM, I THINK THEY ACTUALLY NEEDED TO GET THIS DONE, I THINK IN, I WANNA SAY EITHER LAST WEEK OR EARLY, EARLIER THIS WEEK.
BUT I MEAN, THEY NEEDED THE WAIVER, THE BZA VARIANCE, AND THEN IT STILL NEEDS TO GO TO COUNCIL, AND THEN IT STILL NEEDS TO BE SIGNED.
AND I THINK THIS ROUTE WAS THE QUICKEST WAY TO DISCHARGE THIS, I THINK TO SATISFY THE COURT NOW HAD THEY, THEY COULD OPTED TO ANNEX ALL THIS STUFF, YOU KNOW, AND REZONE IT.
BUT I THINK THEN, THEN YOU GOTTA CONVINCE OTHER PEOPLE TO DO THAT.
AND I THINK IT'S ALSO, LIKE I SAID, IN THESE SITUATIONS WE, WE DEAL WITH THIS PRETTY ROUTINELY.
UM, HALF THE TIME THESE PARTIES ARE ONLY WORKING TOGETHER BECAUSE THEY HAVE TO, THEY ARE NOT WORKING TOGETHER BECAUSE IT'S AN EASY WORKING RELATIONSHIP.
AND IN SITUATIONS LIKE THIS WHERE THINGS ARE ALREADY STRAINED.
UM, SO REALLY JUST KINDA FROM A TIMELINE STANDPOINT, THAT IS WHY THE WAIVER REQUEST AND THE VARIANCE REQUEST WAS REALLY LIKE, THIS IS THE CLOSEST YOU CAN GET TO YOUR TIMELINE.
IF YOU OPT TO REZONE, ANNEX REZONE, ALL THIS OTHER STUFF.
I MEAN, THAT'S GONNA PUSH IT FURTHER OUT.
UM, AND IT REALLY WASN'T SOMETHING THAT, THAT WAS BROACHED.
I DON'T KNOW IF THERE WOULD'VE BEEN OPPOSITION TO IT, BUT I JUST IMAGINE JUST KIND OF FROM THE NATURE OF THE RELATIONSHIP OF WHAT'S GOING ON, UM, IT, IT WOULD'VE, IT WOULD'VE OBLIGATED THE PROPERTY OWNER TO THE NORTH INTO SOMETHING THAT THEY, THEY'RE NOT REALLY ASKING FOR.
THEY'RE JUST TRYING TO, THEY'RE JUST KIND OF CAUGHT UP IN THE ESTATE.
SO THAT'S, THAT'S WHY THE ANNEXATION AND THE WAIVER WAS PUT FORWARD.
I MEAN, THIS, THIS GENTLEMAN PASSED AWAY IN 2021.
SO, AND, AND, AND LIKE I SAID, I THINK THE BIGGEST THING IS THAT THIS, THIS WOULD'VE BEEN A FAMILY SUBDIVISION.
AND SO FAMILY SUBDIVISIONS OUTSIDE THE CITY LIMITS ARE NOT SUBJECT TO OUR SUBDIVISION REGULATIONS.
UM, THAT'S HOW YOU END UP WITH THE FLAG LOTS.
THAT'S HOW YOU END UP WITH NONCONFORMING LOT.
LIKE ALL, ALL THE THINGS, BUT THEY'RE FAMILY SUBDIVISIONS.
BUT WITH IT BEING LOT TOO, WERE COMBINED, THEY STILL DON'T MEET OUR MINIMUM REQUIREMENTS.
AND SO THE PRO, THE REAL PROBLEM HERE IS THAT ONE OF THEM IS, IS ANNEXED INTO THE CITY, WHICH THEN, THEN TAKES FAMILY SUBDIVISIONS COMPLETELY OFF THE TABLE, AND THEN THEY HAVE TO BE, UM, ADJUDICATED BY Y'ALL.
AND SO, LIKE I SAID, IT WAS, AND, AND THEN, I MEAN, A PLANNER HAD THIS SEVERAL YEARS AGO.
THAT PLANNER NO LONGER WORKS HERE, SHOWED BACK UP UNDER AM LIKE UNDER AMBER.
AND THEN THAT, THAT'S WHEN I, LIKE I SAID, I DISCOVERED IT.
SO I MEAN IT'S, IT'S REALLY BEEN AN ODYSSEY KIND OF FOR EVERYBODY INVOLVED.
SO FOR THE PROPERTY OWNER TO THE NORTH, UH, THERE'S NO CONCERN OR ISSUES AT ALL HEARD FROM THAT PROPERTY OWNER? NO.
AND SO, LIKE I SAID, KINDA LIKE I REFERENCED, UM, THE COMMENT THAT LIKE IS FORCING ALL OF THIS, I THINK THIS PLAT WAS ABOUT TO BE SIGNED AND THEN THE COUNTY MADE A COMMENT THAT THEY HAVE TO DEDICATE THAT TOP LITTLE CORNER.
SO IF YOU COULD, IF YOU COULD MAKE, IF YOU COULD ZOOM
[00:15:01]
IN ON THAT TIFFANY, YOU CAN LOOK AT IT ON HERE.ARE WE TALKING ABOUT THAT TRIANGLE THAT'S AT THE TOP? YEAH, IT'S THIS TRIANGLE, BUT LIKE I SAID, ONCE WE REVIEWED IT, ZOOM IN, THERE WE GO.
BOTH OF THOSE ROADS ARE UNDER THE CONTROL OF THE CITY.
AND SO THE COUNTY HAS NO JURISDICTION TO MAKE DEDICATED.
THEY, THEY GOT IT DEDICATED TO US.
AND SO THAT'S, THAT'S THE WHOLE THING THAT CAUGHT THIS.
BUT THE, LIKE I SAID, WHY IS THE COUNTY MAKING A COMMENT ON COUNTY? IT'S OURS
SO FARMVILLE ROAD AND, AND WHAT PINK IS IT? PINK LANE? YEAH, PINK LANE IS NAMED.
AND SO IF IT WAS LEE ROAD, YOU KNOW, 32 OR WHATEVER, THEN FINE.
BUT IT'S NOT PINK LANE AND FARMVILLE ARE BOTH OURS.
BUT THE PROPERTY OWNER HAS NO OF LOT OF THE, OF THAT LOT HAS NO CONCERNS AT ALL.
THEY, THEY WILL BOTH HAVE TO SIGN THE PLAT.
THERE'S, THERE'S NOT AN ISSUE WITH, HE'S LOSING SO MANY FEET OF THEY HAVE COME TO AN AGREEMENT THAT THIS IS IT, THIS, THIS WILL WORK,
AND WHAT HAPPENS, WHAT HAPPENS IF IT DOESN'T WORK HERE TODAY? OH, WELL, I MEAN THEN I GUESS THEY, THEY GOTTA, THERE'S GONNA BE MORE TIME AND THEY, THEY'LL HAVE TO ANNEX IT AND THEY'LL HAVE TO REZONE BOTH PIECES.
THAT'S WHAT, THAT'S WHAT I HAVE TO, THEY'LL HAVE TO REZONE THE PIECE IN THE CITY PRETTY MUCH.
IT, IT WOULD, IT WOULD ACTUALLY JUST GO BACK TO COURT.
IT, SO THE, WHERE IT SITS NOW, THEY HAVE AN AGREEMENT TO DO THIS.
UM, THE, IT HAS BEEN APPROVED BY THE COURT.
IF THIS WAS TO FAIL, THE PLAT COULD NOT BE RECORDED.
THE DEEDS COULD NOT BE CLEANED UP, AND THE ESTATE WOULD JUST HAVE TO START THE WHOLE PROCESS OVER AGAIN.
UM, BECAUSE RIGHT NOW THERE IS A, THERE IS A DECISION BY THE COURT THAT THIS IS THE SOLUTION.
SO THEY WOULD JUST START OVER.
UM, THERE'S THE, THE FAMILIES CANNOT AFFORD MY UNDERSTANDING.
UM, BUT THE FAMILY'S, MY UNDERSTANDING, UM, WE DO A, A GOOD BIT OF ESTATE WORK FOR THIS ATTORNEY MM-HMM
AND ACCORDING TO HIM, HE'S THE, THESE PEOPLE JUST CAN'T AFFORD THIS.
THEY, THEY CAN'T AFFORD THE LAST, LAST FIVE YEARS OF ATTORNEY'S FEES.
HE, FROM A CLEAN TITLE STANDPOINT, JUST FROM A, A REAL ESTATE STANDPOINT, LIKE HE OWNS A HOUSE THAT HE DOESN'T, HE OWNS A, IT'S NOT A LAND CONDO.
HE HAS A HOUSE BELT ON A LOT THAT HE DOESN'T ACTUALLY HAVE OWNERSHIP OF.
SO THIS NEED TO BE CLEANED UP IN 2007.
SO WHAT, WHOEVER WAS HERE, I MEAN, WHEN THEY ANNEX THIS IN, THIS SHOULD HAVE BEEN CAUGHT AT THAT POINT.
SO THIS IS A, WE'RE WE'RE REMEDYING AN ERROR THAT'S 19 YEARS OLD AT THIS POINT, IN MY OPINION.
MADAM CHAIRMAN, I JUST WANTED TO MAKE CLEAR FOR THE BOARD OKAY.
THAT THE CITY AND THIS BOARD WAS NOT A PARTY TO THIS COURT ACTION.
SO THIS COURT ORDER THAT WE'RE REFERENCING DOES NOT MANDATE THAT THIS BOARD TAKE ANY CERTAIN ACTION.
IT'S STILL UP TO YOUR INDEPENDENT DECISION AS TO WHAT HAPPENS WITH THIS.
THANK YOU FOR THAT CLARIFICATION.
'CAUSE IT DOESN'T FEEL LIKE THIS IS A VZA ISSUE.
LIKE, WELL, YEAH, AND I, I, I THINK, I MEAN, IT IS BE OKAY.
LIKE SO, SO, SO, SO TODAY THIS IS, BUT, BUT I, I, I AGREE.
THIS IS SOMETHING THAT SHOULD HAVE BEEN CAUGHT, RIGHT? UM, PROBABLY SHOULD HAVE BEEN REMEDIED, UM, LIKE A WHILE AGO.
AND LIKE, HAD IT BEEN, LIKE I SAID, JUST UNDER A FAMILY SUBDIVISION, NONE OF THIS WOULD'VE BEEN AN ISSUE.
BUT I, I, I THINK, LIKE I SAID, I THINK THIS IS JUST THE, WHEN THINGS ANNEX OR WHEN THINGS ARE KIND OF IN THE PERIPHERY AND YOU'RE DEALING WITH FAMILY LAND TRYING TO CONVEY IT.
I MEAN, THAT'S WHEN WE RUN INTO THE REAL ODDITIES AND REALLY KIND OF THE HEAD SCRATCHERS OF HOW, WHO DID THIS AND WHY WAS THIS NEVER CORRECTED.
SO IF WE GRANT THIS VARIANCE, A FAMILY SUBDIVISION WILL BE ESTABLISHED OR NO, BECAUSE NO, NO, NO, NO, NO, NO, NO.
FAMILY SUBDIVISIONS ARE NOT ALLOWED WITHIN THE CITY LIMITS OF AUBURN.
AND SO THIS WILL JUST, THERE'LL BE A NOTE ON THE PLAT THAT THERE'LL BE TWO NOTES ON THE PLAT, ONE THAT SPEAKS TO THE WAIVER GRANTED TO THE PRO, TO THE LOT TO THE NORTH.
AND THEN A, THE SECOND NOTE THAT WOULD SPEAK TO THE VARIS GRANTED TO THE LOT TO THE SOUTH, THAT WOULD THEN JUSTIFY BOTH LOTS, UH, NOT MEETING THE LOT, MINIMUM FOR THE OPTIMAL BOUNDARY OUTSIDE OF THE CITY.
AND THEN THE THREE ACRE LOT MINIMUM FOR THE, FOR THE PROPERTY IN THE CITY.
AND CORRECT ME IF I'M WRONG, JUSTICE, BUT THAT WOULD NOT GIVE EITHER PROPERTY ANY OTHER RIGHTS PAST THIS PLAT GOTCHA.
THAT IT WOULD ALLOW THIS PLAT TO MOVE FORWARD, BE RECORDED.
IT CAN'T, IT CAN'T JUST BECOME THESE LOTS, CAN DO WHATEVER THEY WANT TO RIGHT UNDER THIS VARIANCE BECAUSE THEY DON'T HAVE TO MEET.
UM, IF ANYTHING ELSE WAS TO HAPPEN, UH, UH, THIS PLAT HAD TO COME BACK AND A LOT LINE MOVED AGAIN.
WE WOULD'VE TO GO THROUGH THIS EXACT SAME PROCESS.
YOU, THAT WAS MY NEXT QUESTION TOO.
UH, IF THIS DOESN'T HAPPEN, THEN WE REALLY CREATE A HARDSHIP.
IS THAT A FAIR? I DON'T KNOW ABOUT, I DON'T KNOW ABOUT CREATE PROBABLY PROLONGED, BUT I ABOUT THAT'S RIGHT.
[00:20:01]
PEOPLE CREATED THIS HARDSHIP.SO WE WILL CLOSE THE PUBLIC HEARING AND OPEN IT UP FOR THE BOARD DISCUSSION.
ANY THOUGHTS, COMMENTS, ADDITION? SEEMS PRETTY STRAIGHTFORWARD.
THE HARDSHIP THING GETS ME, WE, WE NEED TO GET, GET, HELP THOSE FOLKS GET BY THIS HARDSHIP.
THIS ESTATE NEEDS TO BE SETTLED.
I MEAN, I KNOW IT'S NOT, IT'S NOT DEPENDENT ON US MAKING THIS RULING, BUT THIS IS SOMETHING THAT SHOULD HAVE ALREADY BEEN, BEEN DONE YEAH.
ACCOMPLISHED, UM, A LONG TIME AGO.
AND I, I KNOW HOW THINGS GET KICKED DOWN THE ROAD, SO, UM, I'M, I'M FINE TO, IF THERE'S NO MORE DISCUSSION, I'M FINE TO MAKE A MOTION.
AND THE, AND THE FUTURE WOULD BE, IF ANYTHING HAPPENS IN THE FUTURE, IT WOULD BE A REZONING REQUEST FOR THAT.
AND SO, LIKE BLAKE MENTIONED, THERE'S NO OTHER, THERE ARE NO, IT'S NOT LIKE THEY'D BE ABLE TO PUT AN MUD HERE.
NOT LIKE THEY'D BE ABLE TO PUT LIKE, LIKE ALL THE USES THAT THEY CAN DO.
UH, THIS ISN'T GONNA INCREASE ANY OF THOSE.
LIKE I SAID, I THINK EVEN THIS EVEN MIGHT CAUSE PROBLEMS FROM A, IF THEY WANT LIKE LOT MINIMUMS, THEY WOULDN'T BE ABLE TO MEET THOSE.
AND SO, BUT THESE ARE JUST SINGLE FAMILY HOUSES AND I THINK THAT'S ALL THE INTENT IS THAT THIS IS GONNA BE, UH, JUST FAMILY LAND KIND OF BEING PASSED.
LIKE I SAID, IT'S JUST THAT ONE OF THE THINGS WE DEAL WITH SOMETIMES WITH SOME OF THESE LOT, UH, LOT CONVEYANCES.
UM, I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE, UM, WHERE'S THE CASE? UH, BZ 2 0 2 6 8.
THE VARIANCE TO ALLOW THE SUBDIVISION OF LAND TO CREATE A NONCONFORMING 0.63 ACRE LOT IN THE RURAL ZONING AREA.
NOW, NOW SECOND
AND THAT WAS THE ONLY ITEM ON OUR AGENDA TODAY.
IS THERE ANY OTHER BUSINESS THAT NO, I THINK I, I, I THINK JUST THE ONLY THING, JUST LIKE A GENERAL UPDATE ON, UM, THE TRAINING.
SO I THINK THAT'S ONE OF THE THINGS, OH YES.
UM, PLANNING COMMISSION CHAIR HAS HAD A, HAS EXPRESSED DESIRE TO PROBABLY EXPAND IT FROM JUST THE PLANNING COMMISSION.
AND I THINK THAT'S ONE OF THE THINGS THAT, THAT WE'RE KIND OF WORKING THROUGH INTERNALLY, IF IT WILL BE SOMETHING KIND OF ACROSS THE BOARDS AND ACROSS THE GOVERNING BODIES.
SO WHEN I HAVE AN UPDATE ON THAT, I WILL REACH OUT TO YOU ALL.
UM, BUT IT'S JUST, IT'S ONE OF THE FEASIBILITY THINGS THAT WE'RE KIND OF FIGURING OUT RIGHT NOW.
AND WITH THAT TRAINING BE TWO HOURS, THREE HOURS, FOUR HOURS OR OH, OH, LIKE ONCE I GET THOSE DETAILS, I, I'LL LET Y'ALL KNOW.
THIS, CAN YOU TALK THROUGH THE, UM, I SAW, I THINK I READ A HEADLINE OR SOMETHING THAT WE'RE ABOUT TO UNDERTAKE A PRETTY BIG, LIKE, KIND OF A LOOK AT ALL OF OUR PLANNING ZONING AND EVERYTHING FOR THE CITY.
SO WE ARE OFFICIALLY UNDER CONTRACT WITH WHITE SMITH AND ANO, UH, THEY ARE A PLANNING CONSULTING FIRM OUT OF, I GUESS JOINTLY SOUTH CAROLINA AND MISSOURI, HEADQUARTERED IN CHARLESTON, SOUTH CAROLINA, AND KANSAS CITY, MISSOURI.
THEY SPECIALIZE IN CODE REFORM.
THE, I THINK 85% OF THE EMPLOYEES ARE ACTUALLY ATTORNEYS, LIKE PLANNERS AND ATTORNEYS.
SO WE ARE LOOKING AT A ZONING REWRITE, I GUESS IS WHAT WE'RE CALLING IT, UH, WITH A EXPEDITED LOOK AT URBAN COURT AND URBAN NEIGHBORHOOD WEST SINCE THOSE TWO AREAS ARE BOTH UNDER A MORATORIUM.
AND THEN KIND IN THE SPRING, I'D SAY THAT MARCH, APRIL TIMELINE IS WHEN WE'RE LOOKING AT THE REST OF THE ZONING ORDINANCE.
SO THE DDHS, C-D-D-R-D-D, UM, THOSE OVERLAYS, PDDS, ALL THOSE OTHER THINGS.
AND SO, UH, IT'S GONNA BE ABOUT A TWO YEAR PROCESS, BUT THERE'S GOING TO BE A VERY INTENSIVE STAKEHOLDER, UM, ENGAGEMENT SESSION, REALLY KIND OF COMMUNITY LISTENING SESSIONS.
UH, WE'RE REALLY CURRENTLY RIGHT NOW DEVISING A WAY TO REACH OUT NOT JUST TO STAKEHOLDERS, BUT ALSO TO THE PUBLIC.
AND SO THIS IS SOMETHING THAT'S BEEN ON THE HORIZON FOR A WHILE.
UM, WE'RE JUST TRYING TO GET SOME PRELIMINARY MEETING SCHEDULED AND THEN WE'LL KIND OF BE BEATEN THE STREET.
UH, PRETTY MUCH YOU GUYS WILL SEE US IN A LOT OF DIFFERENT PLACES.
UH, JUST TRYING TO MEET PEOPLE, TALK TO THEM, UH, UNDERSTAND THEIR CONCERNS.
AND SO THAT IS WHAT IS HAPPENING.
WE ARE UNDER CONTRACT WITH WHITE SMITH KUO EXPECT TO BE ABOUT A TWO YEAR PROCESS.
BUT LIKE I SAID, I THINK THAT KINDA THAT FRONT END OF IT'S GONNA BE A LOT OF PUBLIC ENGAGEMENT, UH, NOT JUST WITH THE STAKEHOLDERS AND THE PROFESSIONAL COMMUNITY, BUT JUST WITH, UM, A LOT OF CONCERNED CITIZENS AS WELL IN A SITUATION LIKE THAT.
WHAT, WHAT DOES, UH, THE BZA STAND? SO DO WE STILL CONTINUE ON AND WELL, I THINK SO, SO I WOULD SAY, YEAH, YEAH, YEAH.
BUT I, I, I THINK ONE OF THE THINGS, UH, JUST KIND OF FROM AN ADMINISTRATIVE STANDPOINT, AND I THINK WHAT THE BZ A'S LENS WOULD BE REALLY GOOD FOR FREQUENCY OF VARIANCE REQUESTS DO, UH, WARRANT REVIEW OF THE ORDINANCE.
AND I THINK THAT'S THE THING THAT YOU GUYS ALWAYS GET TOLD THAT LIKE, YOU GUYS AREN'T REALLY UP HERE TO MAKE POLICY, Y'ALL ARE JUST KIND OF READING THE ORDINANCE.
[00:25:01]
UM, BUT IT MEMORY WOULD SERVE US WELL IN THIS TO KINDA REVIEW WHAT THE, WHAT ARE THE BZA VARIANCES THAT WE ARE GETTING ASKED, AND DO WE NEED TO LOOK AT THOSE THINGS? ARE THESE THINGS ARE, ARE THESE THINGS JUST A MATTER OF SCALE? IF WE'RE BIG ENOUGH CITY ENOUGH PEOPLE ARE GONNA ASK FOR 'EM, OR ARE THESE THINGS LEGITIMATE PROBLEMS THAT WE NEED TO ADDRESS? AND SO THOSE, THE, THIS WOULD BE A GOOD TIME TO ADDRESS SOME OF THOSE THINGS.AND SO WE, WE WILL REVIEW OUR, OUR, UH, VARIANCE REQUESTS OVER THE PAST COUPLE OF YEARS TO KINDA MAKE SURE THAT WE'RE NOT SEEING REPEATED VARI REPEATED VARIANCE REQUESTS THAT WE JUST NEED TO ADDRESS.
SO DO YOU KNOW PRELIM, PRELIM, PRELIMINARILY
I, I I FEEL LIKE WE ALWAYS GET LIKE A LOT OF ISR STUFF.
UM, AND THEN LIKE, YOU KNOW, WE GET SETBACK STUFF 'CAUSE PEOPLE ARE TRYING TO DO ADD-ONS AND ADDITIONS.
I MEAN, HONESTLY PEOPLE, PEOPLE BUY HOUSES AND PERFORMANCE SUBDIVISIONS AND THEN GET MAD 'CAUSE IT'S LIKE THEY GOT THE 7,000 SQUARE FOOT LOT
SO LIKE, IT'S LIKE, YOU KNOW, WE CAN'T, LIKE, THEY'RE LIKE, OH, WELL I WANNA ADD ALL, ALL THESE THINGS.
AND SO LIKE, LIKE I SAID, I THINK THOSE ARE THINGS THAT KIND OF THINK THROUGH.
IF FOLKS ARE FINE WITH PERFORMANCE SETBACKS AND YOU KNOW, THEY'RE, THEY WANT ZERO LOT LINE AND ALL THAT STUFF, THEN I MEAN THAT IS CERTAINLY SOMETHING THAT WE CAN INCORPORATE.
IT JUST NEEDS TO BE SOMETHING THAT PEOPLE NEED TO TELL US.
SO SOUNDS LIKE WE'RE GONNA GO TO MAYBE ONE MEETING A YEAR INSTEAD OF JUST LIKE FOUR MINUTES
THANK, I READ ABOUT IT, BUT I DON'T WANTED TO KIND OF HEAR IT FROM THE COURSE'S MOUTH.
SO GONNA BE AN INTERESTING TWO YEARS MORE INTERESTING THAN IT ALREADY IS.
ANY OTHER COMMUNICATION? ALL RIGHT.
SEEING YOU NONE, WE WILL ADJOURN THIS MEETING AT 4:56 PM