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FOLKS. STAFF YES, RIGHT. OKAY. I'D LIKE TO CALL TO ORDER THE FEBRUARY 27TH. BOARD OF ZONING APPEALS MEETING. CLARK, CAN WE STILL CAN WE HAVE THE ROLL CALL, PLEASE? FOR THE PUBLIC RECORD.
JUST ASKING WHAT EVERYONE TO PLEASE TURN ON AND SPEAK DIRECTLY INTO YOUR MICROPHONE.
THANK YOU. MR WATSON S YES. MR JACOB? YES HERE. SAMUELS, PRESIDENT. MR SMITH, PRESIDENT.
MR SCHELL PRESENT. COUNCIL MEMBER FELLOWS PRESIDENT. OKAY NEXT ITEM ON THE AGENDA IS
[III. Action on minutes]
MINUTES FROM OUR OCTOBER 24TH 2022 MEETING. ARE THERE ANY UPDATES TO OUR MEETING MINUTES? NOTHING. MR CHAIRMAN, I MOVED TO ACCEPT THE MINUTES FROM THE OCTOBER 24TH 2022 MEETING. I SECOND THAT MOTION. MR SAMUELS. YES I'M SORRY, MR JACOB. SORRY. YES, SAMUELS? YES? MR LODGENET? YES. SMITH? YES. MR SCHELL? YES. I HAVE FIVE VOTES TO APPROVE THE MINUTES. THANK YOU. NEXT SETTLEMENT, THE AGENDA OR ANY ADDITIONS OR CORRECTIONS TO TONIGHT'S AGENDA. NONE FROM STAFF. OKAY, THANK YOU. UM ARE THERE ANY WITNESSES APPLICANTS THAT WOULD LIKE TO SPEAK TONIGHT? SO THE ONLY TWO STANDING. RAISE YOUR RIGHT HAND, PLEASE. DO YOU SWEAR TO TELL THE[VI. Cases]
TRUTH AND NOTHING BUT THE TRUTH? OKAY THE FIRST CASE ON THE AGENDA TONIGHT IS VARIANCE 14 TO 0 TO THREE PARENTS TO CODIFY THE ORDINANCE TO ALLOW THE HEIGHT OF THE OFFENSE TO 84 INCHES, WHICH IS SEVEN FT. WHERE THE CODE ALLOWS A MAXIMUM OF 17 72 INCHES , WHICH IS SIX FT AT 5114 HARLEM ROAD. I HEAR THE STAFF REPORT. YES I'LL GIVE A QUICK BACKGROUND ON THE APPLICATION, SO THIS APPLICATION STARTED AS A ZONING COMPLAINTS. UH STAFF INSPECTED THE SUBJECT PROPERTY AND FOUND THAT THE FENCE IN ADDITIONAL PERGOLA AT THE SUBJECT PROPERTY TONIGHT WAS BEING CONSTRUCTED WITHOUT A PERMIT. THE PROPERTY OWNER AND CONTRACTOR IMMEDIATELY STOPPED WORK AND SUBMITTED A PERMIT APPLICATION. SO THAT PERMIT WAS REVIEWED AND ISSUED BY CITY STAFF FOR THE CONSTRUCTION OF OFFENSE AND PERGOLA AT THE SUBJECT PROPERTY AFTER THE FENCE WAS BUILT, CITY STAFF RECEIVED ADDITIONAL QUESTIONS REGARDING THE DEFINITION OF THE PERGOLA AND OFFENSE. AND IF THE PERGOLA SHOULD BE DEFINED AS A FENCE SO IN RESPONSE TO THIS QUESTION FROM THE PUBLIC, AND THE CITY STAFF REVIEWED THE CITY CODE DEFINITIONS CONSULTED WITH ILLEGAL ATTORNEY AND CONFIRMED THAT THE ROOF PROPORTIONED STRUCTURE IS INDEED AN OPEN SIDED STRUCTURE AND A PERGOLA AND HIS PROPERLY PERMITTED AND BUILT AND THAT THE SECTION OF THE IMPROVEMENTS WITHOUT A ROOF IS INDEED OFFENSE. IT WAS REVEALED AT THIS TIME, THOUGH, THAT THE FENCE PORTION OF THE IMPROVEMENTS WAS ACCIDENTALLY PERMITTED BY CITY STAFF AT A HEIGHT TALLER THAN WHAT CODE ALLOWS. AND SO CITY STAFF CONTACTED THE CONTRACTOR AND CITY IN THE PROPERTY OWNER AND LET THEM KNOW THAT THEY COULD EITHER FIX THE HEIGHT OF THE FENCE. OR THEY COULD REQUEST VARIANTS. AND SO THE PROPERTY OWNER HAS REQUESTED A VARIANCE TO THE FENCE HEIGHTS AND I WILL HAND IT OVER TO SIERRA CREDIT SMITH, OUR CITY PLANNER TO GO OVER THE APPLICATION ITSELF TONIGHT. GOOD EVENING. TONIGHT WE WILL BE DISCUSSING A VARIANCE TO REQUEST AH, RATHER A VARIANCE TO ALLOW THE HEIGHT OF OFFENSE TO BE SEVEN. FT WERE CODE ALLOWS A MAXIMUM OF SIX FT, ACCORDING TO COLD SECTION 11TH. OF THE FIVE OR FOUR B 55 HARLEM ROAD.AGAIN THIS PROPERTY IS AT 51 14 HARLEM ROAD. IT IS ONE ACRE IN SIZE. IN ADDITION, IT HAS SEVERAL AMENITIES LOCATED IN THE REAR, INCLUDING A PATIO PERGOLA , POOR AND BLACK ALUMINUM FENCE.
UPON STAFF REVIEW RATHER SORRY. THE NEWLY BUILT FENCE AND PERGOLA ATTACHED WILL BE OUR TOPIC TONIGHT. THESE TWO CONTIGUOUS STRUCTURES WERE BUILT AS A PRIVACY WALL. AND UPON
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STAFF REVIEW. THE VARIANCE REQUEST DOES NOT APPEAR TO BE SUBSTANTIAL, SINCE THE FENCE DOES NOT SURROUND THE ENTIRE BACKYARD. THE DISTANCE OF THE FENCE IS VERY SHORTENED ONE AS COMPARED TO THE BACKYARD AREA FOR CONTEXT, THE FENCES ABOUT 20 FT IN LENGTH. WHEREAS THE SIDE YARD IS ABOUT 152 FT. AH ON THE SOUTH PROPERTY LINE. THIS IS ABOUT 13% OF THE NEIGHBORING AH! LOT LINE. IN ADDITION, IT APPEARS THAT THERE ARE SPECIAL CONDITIONS THAT EXIST WHICH ARE PECULIAR TO THE LAND AND STRUCTURE INVOLVED, CONSIDERING THE CHANGE INTO POCKET FEE. THE REAR YARD IS LOWER IN GREED AT ALMOST THREE FT, AS SEEN IN THE ELEVATION SUBMITTED. THEREFORE THE POOL AND PATIO ARE TIERED IN DESIGN TO CORRELATE WITH THE SLOPE. TOPOGRAPHY THIS CAN BE SEEN AS THERE IS A BY LEVEL PATIO IN THE REAR PARALLEL TO THE POOL. PERGOLA INFANTS ARE DESIGNED TO EXTEND ALONG THE DIFFERENCE HERE, POOL AND PATIO ELEVATIONS. TO KEEP CONSISTENCY AND HIGH AT THE TOP. AS YOU CAN SEE, THE TOP OF THE FENCE IS DESIGNED TO CONTINUOUSLY EXTEND ALONGSIDE THE GLOBAL IN HEIGHT, EVEN THOUGH THE REAR YARD SUBS DOWN AS IT EXTENDS OUT FROM THE HOUSE. ALTHOUGH THE WALL IS OFFENSE AS THE FARM BACK CODE, IT IS DESIGNED TO BE AN EXTENSION OF AN OPEN SIDED STRUCTURE BOTH IN HEIGHT AND MATERIAL. HE CAN KIND OF SEE IT LIKE RIGHT HERE. THE DIFFERENT TWO DIFFERENT. STRUCTURES ARE CONNECTED, AND IT STARTS AT THE BEGINNING OF THE PATIO WHERE IT'S ABOUT THREE FT UP, AND THEN IT STEPS DOWN AS YOU CONTINUE TOWARDS THE END OF THE PATIO WITH THE POOL PARALLEL TO. ALTHOUGH THE HEIGHT OF THE FENCES TALLER THAN WHAT IS PERMITTED, THIS ALLOWS OFFENSE TO ACCOMPLISH ITS DESIGN GOAL OF APPEARING AS A ONE CONTINUOUS WAR AND AN EXTENSION OF THE PROGRAM. THE VARIANCE DOES NOT APPEAR TO BE SUBSTANTIAL, GIVEN THE SHORT LENGTH OF DEFENSE AND SINCE IT IS ONLY UTILIZED BETWEEN THE HOUSE AND PERGOLA DEFENSE DOES NOT APPEAR OUT OF PROPORTION TO THOSE STRUCTURES.WE'RE HAPPY TO ANSWER ANY QUESTIONS AT THIS TIME. THANKS. DOES THE APPLICANT WANT TO ADD ANYTHING TO THAT? WOULD YOU PLEASE STATE YOUR NAME FREE STREET? GOOD EVENING. MY NAME IS JILL TANG GERMAN. I'M GONNA ATTORNEY WITH 40, CEDAR, SEYMOUR AND PEACE. I'M HERE THIS EVENING WITH THE PROPERTY OWNER KELLY YEOMAN, UM AND ALSO OUR ARCHITECT COREY SHOE. UM SO THEY HAVE ENOUGH PEOPLE HERE IF YOU HAVE QUESTIONS WILL BE HAPPY TO ANSWER THEM. I THINK THE STAFF DID A PRETTY THOROUGH JOB, SO I WON'T BE LABOR. THE POINT AND I KNOW WE'RE THE ONLY THING ON THE AGENDA TONIGHT, AND I'M SURE EVERYBODY WOULD LIKE TO BE HOME. UM BUT AS YOU CAN SEE FROM THE PHOTOGRAPHS, THE PANEL THAT'S ON THE SIDE OF THE PERGOLA. IT'S ALL ONE CONTINUOUS STRUCTURE WAS WASN'T INTENDED TO BE A SEPARATE WALL OR FENCE. BUT INSTEAD ONE CONTINUOUS PANEL, UM DO YOU THINK IT'S IMPORTANT TO NOTE AGAIN ABOUT THE GREAT CHANGE IN THE PROPERTIES? THE PROPERTIES DO SLOPE BACK? UM AND SO THAT'S CAUSING SOME OF THE HEIGHT DIFFERENCE IN ORDER TO MAKE SURE THAT IT'S ALL ONE CONTINUOUS PANEL. I THINK IT'S ALSO IMPORTANT TO NOTE THAT MAYBE YOU CAN GO BACK ONE PICTURE. BECAUSE OF THIS GREAT CHANGE. THE NEIGHBORING PROPERTY OWNER, UM, BUILT A SCREENED IN PORCH THAT IS, BASICALLY YOU KNOW HIGHER. IT'S GOT A SIGNIFICANT BASE TO IT. SO THE SCREENED IN PORCH OF THE NEIGHBOR SITS WELL ABOVE, UM , THE SUBJECT PROPERTY, SO IF WE WERE TO LOWER THE PANEL TO THE REQUIRED HEIGHT IT REALLY WOULDN'T PROVIDE ANY SIGNIFICANT SCREENING. I THINK ONE OF THE PICTURES AND I'M NOT SURE YOU HAVE IT APPEAR. BUT IN YOUR PACKET, YOU CAN SEE THAT IF THE FENCE WERE LOWERED, YOU'D BE LOOKING RIGHT INTO THE SCREENED IN PORCH AND SO OBVIOUSLY THE POINT HERE WAS TO PROVIDE SOME PRIVACY TO THE POOL AREA, BOTH FOR THE PROPERTY OWNER AND FOR THE NEIGHBORING PROPERTY OWNERS SO THAT THOSE WERE SCREENED. UM SO I THINK THE DESIGN IS INTENDED, UM, YOU KNOW TO ACCOMPLISH THAT PRIVACY, UM AS A FINAL COMMENT. I THINK, UM, WE PROVIDED TO YOU WITH A SUPPLEMENTAL STATEMENT WHERE WE DO FEEL WE NEED ALL OF THE REQUIRED FACTORS FOR GRANTING OF VARIANTS. WE FEEL THERE ARE SPECIAL CONDITIONS HERE, BOTH IN TERMS OF DESIGN AND MORE SPECIFICALLY IN TERMS OF HOW THESE PROPERTIES ARE GRADED AND WITH THE SLOPE THAT RESULT IN THE NEED FOR THE VARIANTS, UM SO I'LL LEAVE IT AT THAT TO ASK, AND WE'LL BE HAPPY TO ANSWER ANY QUESTIONS. SEE HER AND STEVE.
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HAVE WE RECEIVED ANY COMPLAINTS FROM THE NEIGHBORS? SO WE DID RECEIVE SEVERAL PHONE CALLS FROM A NEIGHBOR, UM, ASKING MANY OF THE SAME QUESTIONS I MENTIONED EARLIER ABOUT THE CITY REGULATIONS AND THE PERMITTING PROCESS. UM REGARDING BOTH THE PERGOLA AND THE FENCE, BUT MOSTLY IT WAS TOWARDS THE PERGOLA PORTION OF THIS OVERALL CONSTRUCTION PROJECT. DOES THE NEIGHBOR, DO YOU? THEY STILL HAVE ISSUES OR WAS THAT RESULT? SO WE HAVE NOTIFIED THEM OF THIS MEETING AND TALK TO THEM ON THE PHONE AND SHARED THIS INFORMATION WITH THEM, SO THEY THEY KNEW THAT THIS WAS AN OPPORTUNITY TO COME OUT AND SPEAK TO ADDRESS ANY ADDITIONAL CONCERNS. THEY MAY HAVE. THANK YOU. SO NO ONE ELSE IN THE AUDIENCE IS A NEIGHBOR. YEAH THESE ARE ALL MY FOLKS CONTRACTOR HERE TOO. YES WHAT WAS YOUR NAME? SIR? CORRECT.OKAY? AND QUESTIONS FOLKS. STAFF FOR AFGHAN. I LOVE TO HEAR COREY SIDE OF THINGS ON THE TIMING, AND BUT MAYBE I CAN ASK SOME QUESTIONS. AND THEN WE GET TO THAT WILL BRING YOU UP IN SYRIA IN OKAY? UM SO I JUST CURIOUS ABOUT THE WHOLE TIMELINE HERE, AND IT SOUNDS LIKE YOU KNOW, CONSTRUCTION STARTED WITHOUT BEING PERMITTED, AND YOU KNOW, THAT'S NOT REALLY WANT TO ENCOURAGE HERE. SO CAN SOMEONE JUST STEP ME THROUGH HOW THIS HAPPENED AND WHAT THE TIMELINE WAS WHERE IT IS. OKAY WHAT AUSTRALIANS HAVE TO SWEAR YOU IN. RIGHT? SUFFOCATED TO STAND UP. RAISE YOUR RIGHT HAND. YEAH, SURE. COME ON. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? OKAY THANK YOU, SIR. SO THIS WAS A PROJECT. JONATHAN WITH ANOTHER SOURCE OF COMPANY.
WE WERE NOT CONTACTED BY. EXCUSE ME. COULD YOU STATE YOUR NAME COREY SHOOT WITH CEDAR AND STONE. WHAT WAS THE COMPANY NAME? I'M SORRY. CEDAR AND STONE TURNSTONE. IF WE HANDLED THE BOAT, THE PROJECT YOU SEE HERE IN PERMANENT IS FULLY UNDER US. SO THE PROJECT THAT COMPANY WAS FOUR WAS DONE. STATE TIMEFRAME THAT OUR PROJECT WAS DONE. THERE WAS A MISUNDERSTANDING OF REPORTING REQUIREMENTS ON THE PURPLE STRUCTURE. AS SOON AS WE FOUND OUT THAT THERE WASN'T A PERMANENT ON OUR SIDE. I THINK CONSTRUCTION IMMEDIATELY. I WENT AND GOT DRAWINGS WENT IN. SAT DOWN AND GOT THE PERMANENT APPLICATION GROUP. OKAY? BUT YOU STARTED CONSTRUCTION WITHOUT KNOWING WHETHER OR NOT THERE WAS A PERMIT. CORRECT. UNDER THE ASSUMPTION OF THE PERMIT, NOT WE DIDN'T KNOW THAT WILL CONFIRM IT TURNS OUT YES, WE STARTED CONSTRUCTION WITHOUT BEING TOLD.
AND HOW LONG HAS THE CONSTRUCTION STARTED? WHEN YOU REALIZE THAT WELL, REALLY NEED A PERMIT TO DO THIS, AND WE'RE VIOLATING THE CODE OF THE TOWN BUILDING UP? EIGHT FT FENCE VERSUS US OR SIX FT. 7 FT. FENCE OF PERSONS AT SIX FT PRINTS, PROBABLY ABOUT A WEEK. ONE WEEK.
YEAH, WE HAD EXCAVATION. POST AND FOOTERS POURED AND THAT WAS ONE OF THE OKAY? THIS. THAT'S CORRECT. SO WHEN THE WHEN THE CITY STAFF INSPECTED, I BELIEVE IT WAS JUST LIKE COLUMNS AND FOOTERS AT THE MOST, SO IT WASN'T A COMPLETELY ROOF STRUCTURED OR SIDES UP. UM THE CONTRACTOR DID SUBMIT PERMITS THE NEXT DAY, AND STAFF WAS ABLE TO REVIEW AN ISSUE THOSE I BELIEVE WITHIN A WEEK. AND THEN THE WAY IT IS SEEN TODAY IN THE PHOTOGRAPHS AND IN THESE DRAWINGS IS THE WAY IT WAS SUBMITTED AND PERMITTED BY STAFF, SO IT IS BUILT TO THE SPECIFICATIONS THAT WAS APPROVED BY CITY STAFF. AND WERE THOSE SPECIFICATIONS APPROVED. WHERE THEY SHOULDN'T HAVE BEEN APPROVED BECAUSE IT WAS A SEVEN FT FENCE. THAT IS CORRECT FOR THE FENCE PORTION. AND WHEN DID WE REALIZE THAT THERE WAS AN ERROR AND WHERE WERE WE WITHIN THE CONSTRUCTION? THAT SOUNDS SO THE FENCE AND PERGOLA WAS FULLY CONSTRUCTED AND WE RECEIVED A CALL FROM A NEIGHBOR ASKING IF THE ROOF PORTION WAS CONSIDERED OFFENSE OR A PERGOLA. AND SO IT WAS. AT THAT TIME WE WENT BACK AND RECONFIRMED WITH OUR DEFINITIONS AND ARE CODIFIED ORDINANCES AND CONSULTANT WITH THE LEGAL CONCERNING WITH THE LEGAL ATTORNEY TO MAKE SURE WE ARE INTERPRETING AND APPLYING THE CODE CORRECTLY. IT WAS THROUGH THAT SUPPLEMENTAL REVIEW
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THAT IT WAS FOUND THAT CITY STAFF PERMITTED OFFENSE HIGHER THAN OR SHOULD SAY, TALLER THAN WHAT CODE ALLOWS. BUT THE APPLICANT DID CONSTRUCTED PER THE PLANS THAT WERE APPROVED BY CITY STAFF, WHICH DID SHOW OFFENSE TALLER THAN CODE ALLOWS.YEAH THE STRUCTURE ITSELF. I BELIEVE IT'S ALL COMPLETE AND THE BARN DOOR. THE SLIDING BARN WORK IN THIS PICTURE, WHICH HANGS FROM A HEADER ON THE FENCE THAT WAS COMPLETED IN THE CHILD.
AND SO JUST THEREAFTER. CLARIFICATION. I'M SORRY. CLARIFICATION FOR ME. AT THE POINT THAT THE VARIANCE UM NOTIFICATION WENT OUT TO YOU. THIS STRUCTURE WAS FULLY BUILT, SO THERE WAS NO FURTHER CONSTRUCTION ON THIS. AFTER YOU HAD REALLY REALIZE THAT A VARIANCE WOULD BE NEEDED. NO. JUST THAT DOOR, WHICH WAS ALREADY PRE BUILT, WOODSHOP WAS INSTALLED. AND STAFF FOR CLARIFICATION. IS THAT DOOR A PART OF THE SIDE THAT IS NOT IN QUESTION HERE. THE DOOR IS CONSIDERED PART OF OFFENSE SINCE IT'S A DOOR TO THE FENCE IN THIS CASE, YEAH. IN THAT DOOR SLIDING DOOR. SO THE STRUCTURAL HEADER ON THE TOP OF THE FENCE IS REQUIRED FOR THAT STANDARD, OR AT LEAST AND I KNOW THERE WAS A SLOPE INDICATED. SO IS THE ONE THE LOOKING AT THE PICTURE THIS WAY. ON THE RIGHT HAND SIDE OR MAYBE NOT ANYMORE. CAN WE GO BACK? SO THE RIGHT HAND SIDE WHERE THE DOOR IS THE HEIGHT OF THAT IS THAT TO CODE SO, UM, GROUND LEVEL HERE. UM. OF HERE. THE REASON. PRINT GREAT EIGHT FROM ABOUT A SEVEN FT 28 FT. ACROSS THE FULL SPAN OF THAT, DON'T SING. YEAH I FORGET THE HEIGHT OF THE PERGOLA ITSELF. NOVEMBER 19 FT. IT'S NOT PART OF DR ON SITE MEASUREMENTS HERE. OKAY, IT'S A FAIRLY SIGNIFICANT NO. AND DOES THE PARKING LOT GET INCLUDED IN THE SENSING. I APOLOGIZE FOR THE ADDITIONAL QUESTION THE PRIVILEGES NOT GET INCLUDED IN THE FENCING HEIGHT. CALCULATION IS NOT. REQUIREMENTS. OKAY? STAFF IN THEORY, IF THEY WOULD JUST BRING THE PERGOLA OVER THAT THE REST OF THE FANS, THIS WOULD BE A NON ISSUE. THAT'S CORRECT. WELL, SORRY. YOU CALCULATING THE PERGOLA INTO THAT. VARIANTS BECAUSE IT DOESN'T LOOK LIKE IT. THE FERTILE IS THE TOP PART OF THAT, RIGHT? SO IF YOU LOOK AT IT FROM HERE TO HEAR THIS IS PROBABLY CLOSER TO 80. NOT RIGHT . YOU SAY FROM HERE TOP OF THIS DOWN. NO I BELIEVE THE WALL. IT'S NOT IN FRONT OF YEAH, SO BEGINNING WHERE THE ROOF STRUCTURE ENDS, SO THAT THE OFFENSE FOR THE DEFINITION OF CODE IS THIS IS THE WALL SECTION RIGHT HERE. AND THIS IS IT'S THIS SECTION RIGHT HERE. WE'RE CODE ALLOWS A MAXIMUM OF SIX FT. YES, YES. THAT'S TRUE. THAT IS CORRECT. THAT IS NOT. YEAH AN ISSUE THAT IS MEETING ALL OF THE CODE REQUIREMENTS. TELL ME TO EXTEND ITS PARTNER. EXPERIENCE.
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HOW MUCH WORK DO YOU DO IN THE OPENING? A FAIR BIT OF TIMES ASSOCIATED COMPANIES AND THEN PULL THE PERMITS. WE PULL PERMITS ALL OVER THE PLACE. I WORK A LOT OF ABROAD. SO WHEN YOU WERE LOOKING AT THE PLANS, DID YOU NOTICE THAT THE FENCING WAS BEYOND THE CODE OF WHAT ALLOWABLE IN NEW ALBANY? WHY DO MY OWN SHOP GROWING AND GROWING ? SO THIS IS NOT MY SORT OF THINGS WAS WE'RE WORKING WITH THE COMPANY FROM A TIMELINE POINT OF VIEW, BUT THIS IS MY PROJECT FULLY, BUT THEY WERE PULLING PERMITS AS WELL. SO A LOT OF TIMES COULD SUBMITTED TO THEM JUST ENDS UP ON THEIR PAPERWORK. AH! I QUESTION ABOUT . YES I GET THAT YOU REPRESENT THE CONTRACTOR OR THE OKAY, OKAY. WHAT'S THAT? WE ARE UNDERSTANDING. MOVEMENTS. I'VE COME TO THE MICROPHONE. THAT'S IT. THANK YOU. SURE. OUR UNDERSTANDING WAS THAT THE OPEN SIDED STRUCTURE UNDER NEW ALBANY CODE, WHICH INCLUDES A PERGOLA IS ALLOWED TO HAVE PANELS, SO SCREENING PANELS SO BECAUSE THIS IS ONE CONTINUOUS PIECE, AND IT'S ATTACHED TO THE PERGOLA.OUR ASSUMPTION WAS THAT IT WAS PART OF THE OPEN SIDED STRUCTURE. IT WAS A PANEL. IT WAS NOT OFFENSE. AND. WAS THE CONTRACTORS UNDERSTANDING AS WELL, BECAUSE THAT'S WHAT HE WENT IN WITH THE DRAWING AND HAD PERMITTED. BUT AFTER THE FACT. IT WAS DETERMINED THAT IT WAS A FENCE. AND THAT'S WHY WE'RE HERE FOR THE VARIANCE. BUT DID WE KNOW THAT FROM THE BEGINNING? ABSOLUTELY NOT. SO THE ORIGINAL PERMIT THAT WAS SUBMITTED WAS FOR THIS AS A PANELING AND PERGOLA. NOT FOR THIS AS A FENCE AND PERGOLA CORRECT. THAT WE IT AS ITS BILL IS WHAT WE GAVE THE DRAWINGS FOR. SO I JUST NEED TO UNDERSTAND WHAT THE PRESIDENT IS HERE. AND THIS IS SOMETHING THAT WILL TROUBLE WITH. BUT JUST EDUCATE ME ON. WHERE WE'VE SEEN THIS BEFORE. WHAT HAVE WE DONE IN THE PAST? YEAH, ABSOLUTELY. SO WE HAD A CHANCE TO LOOK THROUGH OUR HISTORICAL APPLICATIONS, AND WE COULDN'T FIND ANY OTHER VARIANCES FOR FENCING HEIGHTS. UM THERE'S BEEN HEIGHT VARIANCES APPROVED FOR OTHER ACCESSORY STRUCTURES AND THEMSELVES, BUT NOT FENCES.
TYPICALLY THE ONLY OTHER FENCE RELATED VARIANCES ARE FOR LOCATION AND WHERE THEY DON'T NEED SETBACK REQUIREMENTS OR THERE. PUT IN SOME SORT OF PRESERVATION ZONE. UM, AND THAT'S ALL THAT STAFF COULD FIND. AS FAR AS HISTORY GOES FOR VENICE'S AND EXPERIENCES. I WOULD NOTE, HOWEVER, YOU KNOW, BACK TO THE FACTORS THAT YOU ARE SUPPOSED TO REVIEW WHEN YOU CONSIDER VARIANTS IS ONE OF THEM IS YOU KNOW THIS SPECIAL CONDITIONS AND SPECIFICALLY RELATED TO THE LAND IN AND OF ITSELF. THE GRADE CHANGE ON THIS LAND IS UNIQUE. UM AND SO MY GUESS IS WE HAVEN'T SEEN MAYBE YOU HAVEN'T HAD AN APPLICATION THAT HAD THIS SPECIFIC SET OF FACTS WHERE YOU'VE GOT A PROPERTY THAT IS, UM, GRADED, YOU KNOW, WITH A PRETTY DRAMATIC SLOPE. UM AND ALSO WITH A NEIGHBOR WHO HAS A TWO FT. SCREENED IN PORCH. UNFORTUNATELY THE CODE DOESN'T TAKE THAT INTO CONSIDERATION. SO WELL, IT'S CERTAINLY I MEAN, IT DOES TAKE INTO CONSIDERATION. I MEAN, WHEN YOU'RE CONSIDERING VARIANCES, THE FACTORS THAT YOU'RE TO CONSIDER ARE THE SPECIAL CONDITIONS RELATIVE TO THE LAND . SO THE CODE DOES CONSIDER THAT YOU KNOW, FOR PURPOSES OF GRANTING A VARIANCE THIS WOULD BE YOU KNOW, THE FACT THAT THE PROPERTY IS IN AND OF ITSELF RATED AND HAS THESE SLOPES THAT HAVE RESULTED IN SOME UNIQUE CONSTRUCTION. I THINK THAT'S EXACTLY THE FACTORS THAT YOU'RE SUPPOSED TO LOOK AT. FOR VARIANTS PURPOSES. FOLLOW UP CONCERNED ABOUT PRESIDENT I GET THAT EVERYBODY SHOULD BE CONCERNED ABOUT THAT. BUT COUNCILS RIGHT? WHENEVER A VARIANCE COMES IN, YOU TAKE IT ALMOST ON A CASE BY CASE BASIS, EVALUATED ON THE SPECIFIC FACTORS PRESENTED PERCENTAGE OF THE FACTORS OUTLINED BY STAFF. I RECOGNIZE THE STANDARDS INDICATED THAT NO PRESIDENT HAS BEEN SET FOR AN APPROVED VARIANCE WHEN IT COMES TO FAN TIGHT. HAVE WE HAD ANY REQUESTS COME IN THAT HAVE BEEN DENIED THAT MAY HAVE BEEN BASED ON GRADATION OR LAND PROPERTIES, NONE NONE. JUST ANOTHER QUESTION HERE. SO THIS IS A STAFF QUESTION. SO WHEN THE TOWN MAKES
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AN ERROR ON AN APPLICATION WHERE THERE'S A CODE VIOLATION. WHAT WHAT? HOW DOES THE COUNTY HANDLE THAT AND IT'S NOT THEIR FAULT IN THERE. WHAT GENERALLY SPEAKING JUST BECAUSE STAFF MAKES AN ERROR DOESN'T IN ANY WAY ALLEVIATE ANYBODY'S OBLIGATIONS UNDER THE ZONING CODE, WHICH IS WHY WE'RE HERE TODAY NOW. OTHER ISSUES MAY COME UP IF CHANGES NEED TO BE MADE, BUT AS FAR AS THE ZONING CODE AND YOUR PURPOSES, THAT'S WHY WE'RE HERE . EVEN THOUGH STAFF MAY HAVE MADE AN ERROR, THERE'S STILL AN OBLIGATION TO ADHERE TO THE RULES AND THE LAW. AND I WANT TO GO BACK TO THE TIMING AND SO YOU'RE SAYING THAT NOTHING WAS BUILT. WHEN HE WENT BACK TO THE TOWN FOR THIS APPEAL OF THE CURVE. PEOPLE TO ANSWER THAT WHERE I WANT TO WHERE WE WERE IN THE PROJECT WHEN THAT HAPPENED. SO JUST TO BE CLEAR. I WANT TO MAKE SURE I UNDERSTAND YOU. SO THE TIMELINE IN MY HEAD WAS COREY IS THE IDENTIFIED BEGAN TO CONSTRUCT, EXCAVATED AND PUT THE FOOTERS IN RIGHT. CORRECT AND THEN WE RECEIVED NOTICE. THAT NOTICE WAS RECEIVED ON DECEMBER.20TH COMPLAINT HAD BEEN FILED AN ANONYMOUS COMPLAINT AND THAT THAT THAT WAS THE CONFUSION ABOUT THE PERMIT. COREY THEN MET IMMEDIATELY WITH NEW ALBANY WHO WAS GREAT CAME. THIS CAME STRAIGHT AWAY TO THE HOUSE LOOKED AT THE PROPERTY. GRANTED THE PERMIT BASED ON THOSE DRAWINGS THAT YOU SAW EFFECTIVE DECEMBER. I THINK IT WAS 20. I THINK IT WAS STAMPED AND MAYBE THE 20. SEVEN SO FOR CLARIFICATION, THIS, UM CODE WITH WE'RE ON INSPECTION.
DECEMBER 7TH. AND SENT THE COOL VIOLATION DECEMBER 8TH A WEEK LATER DECEMBER AH! 14TH I GOT A CALL FROM COREY ABOUT THE VIOLATION. OKAY THAT DOESN'T MAKE SENSE TO ME ONLY BECAUSE WHY WOULD SOMEONE COMPLAIN ABOUT A CODE VIOLATION FOOTERS WERE JUST BUILT. HOW WOULD THEY KNOW THAT THAT DEFENSE IS GOING TO BE OVER 60? WE TOLD OUR NEIGHBOR WE WERE BUILDING THE PRIVACY STRUCTURE. SO WE RECEIVED CALLS FROM VARIOUS PROPERTIES AND NEIGHBORS WHEN THINGS ARE BEING INSTALLED, SOMETIMES INTEREST ENQUIRING LIKE WHAT THEY'RE BUILDING. I THINK IN RESPONSE TO THAT, YOU KNOW, JUST TO ANSWER THE RESIDENTS QUESTION. WE JUST LOOKED IN OUR FILES, AND WE COULDN'T FIND THAT PERMIT WAS ISSUED AND REALIZED WE COULDN'T ANSWER THEIR QUESTIONS, WHICH IS A COMMON CALL IN QUESTION AND SO AND FOLLOW UP TO THAT WE WENT OUT TO INSPECT THE PROPERTY TO SEE IF WORK INDEED WAS BEING DONE AS ALLEGED. AND ON DECEMBER 7TH HOW MUCH WORK HAS BEEN DONE . WHEN WE WENT OUT THERE? I BELIEVE THAT'S THE APPLICANT SAID THERE WAS JUST POST AND FOOTERS INSTALLED, BUT NONE OF THE ROOF FOR WALL PANELS WERE INSTALLED AT THAT TIME, NOT TO SPLIT HAIRS, BUT IT HELPS ME MAKE THE CONNECTION A LITTLE BIT. WHEN THAT CALL CAME IN WAS A QUESTION, OR WAS IT A COMPLAINT ABOUT WHAT WAS HAPPENING? BECAUSE IN MY MIND THE WAY I'M TRYING TO FIGURE IT OUT, AS IF IT'S A COMPLAINT TO YOUR POINT. HOW MUCH HOW FAR THERE HAS IT GONE? WHETHER THERE WAS A QUESTION I SAW MY NEIGHBOR'S CLEARLY DOING SOMETHING. I'M KIND OF CURIOUS NO MATTER WHAT THEIR RATIONALE WAS WHAT WAS THERE. I WAS JUST CURIOUS. WHAT'S THE DIFFERENCE? THE DISTINCTION IS. YEAH YEAH, I GUESS TO ANSWER THAT QUESTION DIRECTLY. WE WOULD SAY, YOU KNOW , TALKING IT THROUGH TWO. IT WAS A LITTLE BIT OF BOTH. OKAY FAIR ENOUGH. LIKE I SAID. AT THAT TIME THAT EXHIBITION HAVE BEEN DONE. THE FOOTAGE HAD BEEN POURED AND THE POSTS WERE IN SO YOU HAD 12 POSTS RIGHT? BUT OUR NEIGHBOR WAS ABLE TO SEE WE HAD ALSO SHARED THE INFORMATION WITH OUR NEXT DOOR NEIGHBOR THAT WE WERE GOING TO BE BUILDING A PRIVACY STRUCTURE. WE HALTED CONSTRUCTION. WE GOT THE PERMIT. WE PROCEEDED FOR THE NEXT FIVE WEEKS WITH THE BUILD AS PERMITTED BY ALBANY AND THEN THE MINUTE WE RECEIVED THE REQUEST FOR THE VARIANTS. WE SUBMITTED THE MATERIALS AND THAT'S WHY YOU WE ARE HERE THIS EVENING. THE REQUEST 12 INCHES AT THE TIME THAT YOU RECEIVED. THE VARIOUS REQUESTS WAS THE STRUCTURE FULLY BUILT AS WE SEE IT TODAY WITH THE EXCEPTION IS, COREY SAID THE EXCEPTION OF THE BARN DOOR, WHICH WAS BUILT AND IN HIS SHOP, IT WAS BUILT TO ITS ENTIRETY IN THOSE FIVE WEEKS. ANY OTHER QUESTIONS, FOLKS. I'D LIKE TO MAKE A MOTION. TO APPROVE VARIANCE APPLICATION FOR WOULD LIKE TO MAKE A MOTION TO ACCEPT THE KNOCKING. ONE SECOND THAT I'M SORRY. IT WAS THE SECOND HANS YEAH. MR SMITH? YES, MR SHELL. MS SAMUELS? YES. MR JACOB? YES. MR LOGIN IS YES.
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JUST FOR CLARITY. THAT'S TO ACCEPT THE STAFF REPORT. CORRECT THAT WAS NOT A VOTE. THAT WAS JUST SOMETHING. I GUESS I HAVE TO ASK BEFORE WE MOVED TO ANOTHER MOTION. IS THERE ANY APPETITE FROM THE HOMEOWNER TO MAKE MODIFICATIONS THAT WOULD TRANSITION? THE. THENCE TO ANOTHER. TYPE OF STRUCTURE THAT WOULD BE UNDER THAT 15 ROLE. 15 FT. ARE YOU ASKING IF WE WOULD PUT THE PARTICLE OVER TOP OF IT ESSENTIALLY.DID YOU COME TO THE MICROPHONE, PLEASE? NO, THAT'S OKAY. THANK YOU. LET'S BUILD THE STRUCTURE.
LET'S USE THE SPACE. LET'S SEE HOW IT FEELS. COULD WE CONSIDER PERGOLA OR SOME SORT OF PAVILION ON THE EXTENDED PANEL? UM YES, WE CERTAINLY COULD CONSIDER THAT. UM AND. MADE DOWN THE LINE . MAYBE, BUT IT IS CERTAINLY OUR HOPE UNDER ALL THESE CIRCUMSTANCES AND AGAIN YOU TAKE THAT 12 INCHES AWAY AND SHE'S ABLE TO SEE THE ENTIRE BACKYARD . I APPRECIATE SO MUCH, UM, THAT WE'RE ASKING, BUT WE'RE PUTTING YOU IN A POSITION TO HAVE THIS SORT OF UNPRECEDENTED REQUEST FOR VARIANCE BECAUSE THERE HASN'T BEEN A SITUATION EXACTLY LIKE THIS BEFORE. WE DO RESPECTFULLY REQUESTS 12 INCHES SO THAT WE CAN USE THAT AS THE RULES OF THE VARIANTS ALLOW.
SEEK THIS EXCEPTION TO ENJOY THE PRIVATE PRIVACY OF OUR OWN BACKYARD. HAVE YOU SPOKEN WITH YOUR NEIGHBOR ABOUT THIS? IS IT BOTH NEIGHBORS OR JUST ONE NEIGHBOR? NO IT IT IS. THE COMPLAINT IS ANONYMOUS. SO WE DO NOT OFFICIALLY NO. BUT THE HOUSE THAT YOU'RE LOOKING AT IS THE NEIGHBOR WHO IS AFFECTED BY THIS BUILD MY HUSBAND MENTIONED TO HER THAT WE WOULD BE BUILDING PRIVACY STRUCTURE. UM, I RECEIVED A COMMUNICATION FROM HER SOMETIME IN EARLY DECEMBER.
DECEMBER, THE POSTS WERE UP. SO I DON'T RECALL. I HAVE TO GO BACK AND LOOK FRANKLY, WHETHER THAT WAS WE HAD RECEIVED NOTICE OF THE COMPLAINT, BUT IT WAS RIGHT AT THAT TIME INVITING US OUT TO THE NUTCRACKER AND ALSO SAYING, HEY, SO I SEE THESE POSTS AND YOU GUYS, YOUR HUSBAND SAID YOU'RE GOING TO START TO BUILD. ARE YOU GOING TO PLANT ANYTHING? BECAUSE IT'S YOU KNOW WHAT I LOOK AT? AND I SAID, ACTUALLY, WE DO HAVE THE INTENTION OF A LANDSCAPER. HE HAPPENED TO BE AT OUR HOUSE TODAY, ACTUALLY, BECAUSE WE'VE ONLY BEEN IN THIS HOUSE A YEAR, SO WE'RE STILL TRYING TO GET TO KNOW THE LANDSCAPE, AND I SAID, WELL, ACTUALLY, WE'VE HIRED A LANDSCAPING COMPANY TO COME OUT AND DO PLANS. UM FOR US PLANTING CANNOT START UNTIL THE SPRING APRIL, BUT THAT IS THAT IS OUR INTENTION, AND IT REMAINS OUR INTENTION. WE MET WITH THE WITH THE LANDSCAPER TODAY. UM, THE TIMING OF PLANTING. HOWEVER FOR EACH PHASE OF THIS IS NOT CLEAR, BUT WE'RE WORKING ON IT. THAT IS THE ONLY COMMUNICATION I'VE HAD WITH THE NEIGHBOR ABOUT THE STRUCTURE AND THE PANEL. UM SINCE THE COMPLAINT HAS BEEN FILED, WE'VE RUN INTO THAT NEIGHBOR ON DOG WALKS AND THINGS LIKE THAT, BUT THE SUBJECT HAS NOT BEEN RAISED BY THE NEIGHBOR.
ZERO ANOTHER. PANEL ON THE OTHER SIDE OF THE POOL PERGOLA ON THE OTHER SIDE THAT MATCHES THIS ONE. SO IS THERE A VIOLATION IN THE HEIGHT OF THAT? BECAUSE AGAIN IT'S THE PERGOLA. SO IT'S ALL PART OF 100% APPROVAL ON THAT SIDE. THAT IS CORRECT, OKAY? WAS THERE A REASON YOU DIDN'T TAKE THE PERGOLA ALL THE WAY TO THE HOUSE? THAT'S A HARD QUESTION, BECAUSE I WE BECAUSE I THINK AT THE TIME AND THIS BECAUSE IT'S COREY WITH RYAN, MY HUSBAND, UM, THAT WE WANTED TO SORT OF DO THIS AS PHASE ONE. IT'S NOT CHEAP. THIS PROJECT WAS QUITE EXPENSIVE TO DO THIS AS PHASE ONE AND USE THE SPACE AND THEN POTENTIALLY IF WE NEEDED TO USE THE BACK OF THAT PANEL TO CONTINUE WITH PERGOLA OR A PAVILION OF SOME SORT, BUT FOR NOW. THIS WAS WHERE WE WERE.
STARTING. ALSO I THINK WE DON'T HAVE THE SAME SPECIAL CIRCUMSTANCE ON THE OTHER SIDE
[00:35:04]
OF THE PROPERTY THAT WE HAVE ON THIS ONE. UM SO THAT THERE'S NOT THE GREAT CHANGE AND THE TWO STORY. FENCE TWO STORIES SCREENED IN FORGE YOU KNOW, THERE'S NOT. I NEED, YOU KNOW, IN TERMS OF, YOU KNOW, PRIVACY, THE PERGOLA ON THAT END IS SUFFICIENT. WE'LL GO BACK TO THE PICTURE. SO THERE'S BEEN CONSIDERATION TO EXTEND THAT PART A LOT ACROSS THE REST OF THE FENCE. HAVE WE DISCUSSED IT , PARTICULARLY SINCE RECEIVING THE COMPLAINT. HAVE YOU TALKED TO YOUR CONTRACTOR ABOUT IT? I HAVE NOT. OKAY, THAT'D BE GREAT. BUT YOU SEE THE CANADA COME UP.DID YOU SEE THAT? THE CANDELABRA STRUCTURE AND YOU HAVE THOSE GIANT OVER COMPRESSION BRACES AND BIG TENSION AFTER RACES IN THE BACK. ONE TO DO THAT IN THAT AREA. THEY WOULDN'T TAKE UP ALL THE FIRST FOUR FT HAVING THE GIANT COMPRESSION RACISM TWO. THERE'S NOT A LOT AS MUCH LEVERAGE ON THOSE POSTS WITH CONCRETE BENEATH BECAUSE THERE WAS JUST PRIVACY WALL POST.
FIRST YOU SEE ALL THE CONCRETE THERE'S. £1500 PER POST CONCRETE , RESISTING THE LEVERAGE OF ALL THAT WHITE OAK. BENDING OVER. MY POINT IS WE'RE NOT. WE CAN'T ACCOMPLISH CANTILEVER PERGOLA TO MATCH THAT SLOPE OR ANYTHING. JUST LIKE SLOW RAPTOR NOTCHED IN. WE COULD DO THAT. THE PROBLEM. WE HAVE IS THE SLIDING BARN DOOR. IT'S HARD TO SEE IN THIS PICTURE, BUT YOU HAVE TO CHOOSE ROLLERS AND THEN YOU HAVE THAT STICKS UP. BURDEN AND PROUD OF THE ASSEMBLY. SO WHAT WE WOULD DO IN THAT AREA? I DON'T KNOW. I'D ALMOST HAVE TO RAISE THE BEAM. TO PUT IN SOME SORT OF A NOTCH FOR AFTER TO MAKE IT BECOME A OPEN SIDED STRUCTURE. ANYTHING'S POSSIBLE, BUT I FIGURE OUT HOW TO DO THAT. WE MAY END UP RAISING THE STRUCTURE. A LITTLE BIT OF A CONVERSATION. OKAY? NOT SO LIKE TO ADD AND WHILE WE'RE HERE AND JUST, KELLY SAID, HE'S BEEN VERY, VERY GOOD TO WORK WITH, AND WE APPRECIATE THAT. BUT AS KELLY MENTIONED IN ORDER TO EXTEND THAT PRIVILEGE, CONTRACTORS ALSO TESTIFIED. IT'S AN EXPENSIVE PROPOSITION. HAD WE KNOWN FROM DAY ONE WHEN WE SUBMITTED THE DRAWINGS FOR THE PERMIT THAT WE WERE NOT GOING TO GET THE PERMIT TOLD US THIS STRUCTURE AS YOU'RE SHOWING US DOESN'T MEET CODE. THEN THAT'S A POINT WHEN KELLY CAN STOP AND SAY, OKAY, DO WE HAVE THE BUDGET TO CHANGE THIS? HOW ARE WE GOING TO RESOLVE THIS? YOU KNOW, OBVIOUSLY, WE DIDN'T WANT TO BE HERE TO GET A VARIANCE. UM WE'RE OBVIOUSLY HERE BECAUSE WE'RE TRYING TO BE COMPLIANT, BUT THE TIME TO SORT OF WORK THAT OUT WOULD HAVE BEEN IDEAL IF IT HAD BEEN WHEN WE SUBMITTED FOR THE PERMIT IN THE FIRST PLACE. SO YOU'RE SUGGESTING. YOU'RE SUGGESTING THAT IF THE NO ERROR ON THE FACT THAT THE TOWN APPROVED THAT YOU HAD HAD ADJUSTED THE SCOPE. WHAT I'M SAYING IS, IF WHEN COREY WENT IN WITH THE DRAWINGS AND SAID, HERE'S WHAT WE WANT TO BUILD AND STAFF SAID YOU CAN'T BUILD THAT.
THEN THAT'S A POINT AT WHICH KELLY CAN STOP AND SAY, OKAY, WHAT CAN WE BUILD? AND HOW MUCH IS THAT GOING TO COST? BUT BY THE TIME WE FOUND OUT THAT WE COULDN'T BUILD WHAT WE HAD PROPOSED, IT WAS ALREADY BUILT. SO I MEAN, I UNDERSTAND WE STILL HAVE AND COUNCIL IS ABSOLUTELY RIGHT. WE HAVE TO COMPLY WITH THE LAW. THAT'S WHY WE'RE HERE. BUT IDEALLY. THAT WOULD HAVE ALL HAPPENED WHEN WE SUBMITTED FOR THE PERMIT SO THAT WE CAN THEN DEAL WITH OUR BUDGET. UM YOU KNOW, OBVIOUSLY THE EXPENSE NOW OF GOING THROUGH THE VARIANCE PROCESS AND THEN POTENTIALLY BEING TOLD. WELL YOU'RE NOT GOING TO GET THE VARIANTS, SO WE NEED TO PUT A YOU KNOW AN ADDITIONAL PERGOLA OVER THIS STRUCTURE. THOSE WERE THINGS THAT WERE NOT IN THE BUDGET.
UNDERSTAND. ANY OTHER. QUESTIONS, COMMENTS. CONCERNS. I WOULD LIKE TO GO AHEAD AND MAKE
[00:40:03]
A MOTION TO APPROVE. VARIANTS 14 2023. I'LL SECOND IT. MR SMITH. YES. MR SHELL. YES BUT I WOULD LIKE TO SAY A FEW WORDS. I DON'T LOVE THESE KIND OF VARIANTS, ESPECIALLY NOT GETTING PERMIT AND SAYING YOU DIDN'T KNOW THERE'S PERMIT THAT CAN'T HAPPEN AGAIN, RIGHT? UM BUT I THINK THE STAFF APPROVING. IT REALLY PUTS THE HOMEOWNER IN TOUGH SPOT. SECONDLY, THE NEIGHBOR COULD HAVE COMMON IN RAISING CONCERNS . THIRDLY, SOUNDS LIKE YOU'RE WILLING TO LANDSCAPE PLAN TO HELP BLOCK SOME OF THE WHAT ARE THE LOOK ON IT? AND SO FOR THOSE REASONS, I VOTED YES. MS SAMUELS. I'M GONNA SAY YES, BUT I'M ALSO GONNA HAVE COMMENTARY. UM, BECAUSE THIS IS REALLY CHALLENGING. WE WANT TO HAVE A SPIRIT OF PARTNERSHIP THAT WE'VE DEFINITELY NEED TO UPHOLD THE SPIRIT OF THE. THE RULES AS THEY ARE THAT IF THERE FOR A REASON AND I WOULD I GUESS JUST LIKE TO NOTE, YOU KNOW? THIS NOW CREATES A PRECEDENT. AND IF IN THE FUTURE UM IT IS BROUGHT UP. I WOULD HOPE THAT THE ROBUSTNESS OF THE EXPERIENCE AND NOT JUST THE GRADATION OF THE PROPERTY.ARE INCLUDED IN THAT REVIEW. MR JACOB. YES AND I'LL TAKE THE I GUESS THE EASY WAY OUT IN SECOND THE COMMENTS OF MY COLLEAGUES THAT WERE JUST SPOKE I ECHO THOSE WITH THE CONCERN. I WISH THIS WAS MORE WHEN I WALKED IN THIS EVENING. I THOUGHT I MADE UP MY MIND AND THIS ROBUST DISCUSSION IS EXACTLY WHY WE HAVE THIS OPEN FORUM AND DEFINITELY. LESSONS LEARNED WERE TONIGHT. SO THANK YOU. EVERYBODY FOR PARTICIPATING. MY VOTE IS YES, MR LAWSON S SO I'LL SAY YES , AND I'M GONNA PILE ON A LITTLE BIT HERE. SO THIS IS LIKE THE CLASSIC K AND I DON'T KNOW IF THIS IS TRUE OR NOT, BUT THIS IS WHAT MY IMPRESSION OF THIS WHOLE SITUATION WAS, IS THAT THE CLASSIC CASE OF ASKING FOR FORGIVENESS THAN ASKING FOR PERMISSION. MY KIDS DO IT TO MELT TALK, SO JUST MAKE SURE THAT THE CONTRACT AGAIN LOOKING AT YOU MAKE SURE THAT YOU ARE AWARE OF THESE CODES IN THIS TOWN BECAUSE IT'S OUR RESPONSIBILITY. TO KEEP THE INTEGRITY INTEGRITY OF THIS TOWN. RIGHT AND IF THERE'S NO PRECEDENCE FOR A SEVEN FT FENCE.
I STRUGGLE WITH THIS, BUT THERE WAS ALSO AN ERROR IN OUR PARK. THAT'S WHAT CONVINCED ME THAT YOU DON'T KNOW THAT THERE WASN'T HER, BUT YOUR CONTRACTOR SHOULD HAVE TOLD YOU THAT YOU CAN'T BUILD FENCES OVER SIX FT. IN YOU ARE RIGHT. THAT'S WHERE I AM. BUT BECAUSE OF THE ERROR WHY NOT? I'M GONNA VOTE YES. ON THIS. BUT. HOPEFULLY WE WON'T HAVE TO DO THIS AGAIN. THANK YOU VERY MUCH. WE APPRECIATE YOUR TIME THIS EVENING. OKAY? NEXT ON OUR AGENDA HERE.
[VII. Other business]
DO WE HAVE ANY OTHER BUSINESS TONIGHT? FOLKS THIS IS A STAFF QUESTION SINCE IT'S THE FIRST MEETING OF 2023 DO WE HAVE TO ELECT POINT? UM DO OFFICERS OR HOW DOES THIS WORK? GREAT QUESTION, SO WE TYPICALLY DO OUR ANNUAL ORGANIZATIONAL MEETING IN MARCH NEXT MONTH. I BELIEVE WE DO HAVE AN APPLICATION OR TWO, SO WE WILL BE HAVING A MEETING NEXT MONTH AND THEN UH, THEN ALSO WELL BE PROVIDING SORT OF AN OVERVIEW OF SORT OF OUR BORDER COMMISSIONS, RULES AND PROCEDURES. SO PART OF THIS YEAR'S ORGANIZATIONAL MEETING THAT WE'VE BEEN DOING WITH THAT WE'RE GOING TO DO WITH ALL OF OUR BOARDS AND COMMISSIONS. IT'S JUST SORT OF LIKE A LITTLE BIT OF A REFRESHER. UNDERSTOOD. THANK YOU. ANY OTHER. JUST A POINT TO THAT, UM THIS MAY AFFECT SOME OF US NEXT MONTH'S MEETING. IS THAT THE FIRST DAY OF SPRING BREAK FROM ALL THE SCHOOLS JUST JUST GO THROW THAT OUT THERE FOR ANYONE THAT MAY OR MAY NOT. OKAY OKAY. WE'LL BE ON THE LOOKOUT FOR US FOR AN EARLIER QUORUM CALL. THEN WE'LL SEE WHAT HAPPENS. I LIKE TO THANK EVERYBODY. YOU GUYS DID A VERY NICE JOB CONSIDERING THE VARIANTS ON BEHALF OF THIS[00:45:01]
RESIDENT SO VERY THOUGHTFUL. TERMS OF HOW YOU ANALYZED IT AND ASSESSED IT. THANKS FOR DEFENDING THE CODE OF THE CITY TO THE BEST OF THANKS, CHIP. YOU . ALRIGHT. ANY OTHER COMMENTS? QUESTIONS? ELECTION TO ADJOURN THE MEETING. SO MOVED. 2ND 2ND. MR SMITH? YES. SORRY. YES, MR SMITH. YES MISS JACOBS? YES. MR LATINOS? YES. MS SAMUELS? YES MR SCHELL? YES. ALRIGHT* This transcript was compiled from uncorrected Closed Captioning.