[00:00:10]
OCTOBER 27TH NEW ALBANY BOARD OF ZONING APPEALS. WILL THE CLERK PLEASE READ THE ROLL? MR. PRESIDENT, MR. JACOB, PRESIDENT, MR. SHELL PRESENT. MISS SAMUELS PRESENT. MR. WOULD PRESENT COUNCIL MEMBER SCHULTZ HERE. ALL VOTING MEMBERS ARE PRESENT. WE HAVE A QUORUM. THANK YOU.
[ III. Action on minutes]
FIRST ITEM ON OUR AGENDA TONIGHT IS ACTION ON THE ME MINUTES DATED AUGUST 25TH, 2025. ARE THERE ANY CORRECTIONS TO THE MEETING MINUTES? NONE HERE, NONE HERE.CHAIRMAN, I MOVE TO ACCEPT THE MINUTES OF THE AUGUST 25TH BOARD OF ZONING APPEALS MEETING.
I'LL SECOND THAT MOTION. MR. JACOBS. YES, MR. WOOD? YES, MISS. SAMUELS? YES. MR. YES.
MR. SCHELL. YES, YES. MOTION PASSES WITH ALL VOTES TO APPROVE THE MINUTES AS
[ IV. Additions or corrections to the agenda]
SUBMITTED. OKAY. THANK YOU. NEXT ITEM ON OUR AGENDA IS CORRECTIONS TO THE AGENDA FOR TONIGHT. ARE THERE ANY CORRECTIONS TO THE AGENDA? NO. THANK YOU. ARE THERE ANY VISITORS WISHING TO SPEAK TONIGHT? WE NEED TO SWEAR YOU IN. SO IF YOU WISH TO STAND UP AND SPEAK, I NEED YOU TO STAND UP. RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU. OKAY. CAN WE HEAR THE STAFF REPORT, PLEASE? YES.[ VI. Cases]
THANK YOU. SO THIS IS A VARIANCE APPLICATION 86 2025. IT'S REALLY TWO VARIANCE REQUESTS. I'LL WALK THROUGH THOSE REQUESTS WITH YOU HERE IN JUST A SECOND. THE APPLICANT IS JAMES ROTH WHO'S HERE TONIGHT. SO REALLY QUICKLY BEFORE MOVING INTO THE DETAILS OF THE VARIANCE REQUEST, JUST WANT TO HELP ORIENT EVERYONE TO THE PROPERTY. SO OUTLINED IN RED HERE IS 75 OF THREE OGDEN WOODS BOULEVARD. AGAIN THE PROPERTY AS OUTLINED IN RED. THIS IS AN IMAGE WHEN THE TREES ALL THE ALL THE LEAVES ARE OFF THE TREES. BUT THIS IS THE THE REAR PROPERTY LINE HERE. THE SIDE PROPERTY LINE, THE SIDE PROPERTY LINE. THE VARIANCE AREA THAT WE'RE GOING TO BE FOCUSING ON TONIGHT IS LOCATED ALL IN THE REAR YARD. AND I'LL START ZOOMING IN HERE IN A SECOND. THIS IS JUST ANOTHER IMAGE SHOWING THAT THAT REAR PROPERTY OR THE PROPERTY SUBJECT PROPERTY WHERE THE TREES ALL HAVE THEIR LEAVES ON THEM. AND THEN ZOOMING IN A LITTLE BIT HERE TO THE ACTUAL APPLICATION. SO THIS IS 7503 OGDEN BOULEVARD. THERE IS AN EXISTING PATIO IN THE BACKYARD. SOME OF THE BOARD MEMBERS I THINK WERE HERE, BUT THERE WAS A VARIANCE APPROVED BACK IN 2020 TO ALLOW THIS PATIO, THIS EXISTING PATIO, TO ENCROACH INTO THE 20 FOOT EASEMENT THAT EXISTS ALONG THE REAR PROPERTY LINE. THE AREA THAT'S OUTLINED IN BLUE HERE IS THE AREA, THE AREA AS PART OF THIS APPLICATION, THIS NEW APPLICATION TO ALLOW A PATIO TO ENCROACH INTO THAT ENCROACH INTO THAT EASEMENT EVEN FURTHER, AS WELL AS ALLOW POOL TO BE INSTALLED WITHIN THAT EASEMENT AND WITHIN 15FT OF THE REQUIRED SETBACKS. AGAIN, THIS IS THE REAR PROPERTY LINE. THIS ARE THESE ARE THE SIDE PROPERTY LINES HERE. SO AGAIN IT'S TWO VARIANCE REQUESTS. I JUST WANTED TO BREAK THIS DOWN VISUALLY FOR YOU GUYS IF YOU WOULDN'T MIND BEARING WITH ME.SO THE VARIANCE A IN YOUR STAFF REPORT IS TO REDUCE THE REQUIRED 15 FOOT FOOT SETBACK FROM ANY PROPERTY LINE. AND THEN THE SECOND, THE SECOND VARIANCE IS TO ALLOW AN ENCROACHMENT INTO THAT EASEMENT AREA THAT I TALKED ABOUT. SO I'LL WALK YOU THROUGH THE SITE PLAN HERE IN A SECOND. YOU'LL SEE ANYTHING PERTAINING TO VARIANCE A IS GOING TO BE SHOWN IN RED ON THE IMAGE. AND THEN ANYTHING ANYTHING PERTAINING TO VARIANCE BE SHOWN IN BLUE. SO FIRST THIS IS VARIANCE A. SO THIS IS THE WHAT'S SHOWN IN RED. HERE THESE RED LINES INDICATES THE 15 FOOT SETBACK APPROXIMATELY FROM THE SIDE PROPERTY LINES. AND THE REAR PROPERTY LINE CODE STATES THAT POOLS AND ALL APPURTENANCES, WHICH WOULD INCLUDE POOL EQUIPMENT, PATIOS ASSOCIATED WITH POOLS, HAVE TO BE LOCATED 15FT AWAY FROM ANY SIDE OR REAR PROPERTY LINE THAT AGAIN, THAT SETBACK IS SHOWN APPROXIMATELY IN RED HERE, AS YOU CAN SORT OF MAKE OUT, IT'S A LITTLE BIT CLEARER IN YOUR PACKETS. THE APPLICANT PROPOSES TO ENCROACH INTO THAT REQUIRED 15 FOOT SETBACK. THERE'S AN ENCROACHMENT HERE ON THIS SIDE OF THE PROPERTY. THERE'S POOL EQUIPMENT LOCATED ON THIS SIDE OF THE PROPERTY HERE, AND THERE'S A MORE MINOR ENCROACHMENT INTO THAT SETBACK ALONG THE REAR PROPERTY LINE.
THIS BLUE LINE HERE SHOWS WHERE THAT 20 FOOT EASEMENT IS LOCATED. AND AS YOU CAN SEE, AND AGAIN, IT'S MORE CLEAR IN YOUR PACKETS WHAT IS EXACTLY IN THAT. BUT YOU CAN CLEARLY MAKE
[00:05:04]
OUT THAT THERE'S THE EXISTING PATIO, WHICH AS I MENTIONED ALREADY HAD A VARIANCE APPROVED BY THE BOARD OF ZONING APPEALS BACK IN 2020. THERE'S AN ADDITIONAL ENCROACHMENT THAT THE APPLICANT PROPOSES FOR THAT POOL AND THE POOL PATIO. IN CONVERSATIONS WITH THE APPLICANT AND LOOKING BACK AT HISTORIC MATERIALS, THERE ARE NO UTILITIES INSTALLED IN THAT EASEMENT AREA. BUT WE DO ALWAYS RECOMMEND FOR THESE TYPES OF VARIANCES, THESE TYPE OF VARIANCE REQUESTS THAT THE APPLICANT ENTER INTO A HOLD HARMLESS AGREEMENT WITH THE CITY. IT'S SIMILAR TO WHAT THEY ENTERED INTO FOR THE FIRST FIRST VARIANCE IN 2020. JUST KIND OF STATING THAT, YOU KNOW, THIS IS A UTILITY EASEMENT, THIS VARIANCE IS APPROVED. YOU KNOW, YOU CAN PUT YOUR PATIO THERE, BUT IF FOR ANY REASON, ANY UTILITY PROVIDER WOULD NEED TO COME IN IN THE FUTURE AND PUT UTILITIES IN THERE AS IS THEIR RIGHT, THEN THE PROPERTY OWNER IS HOLDING THE FACILITY HARMLESS IF ANY OF THOSE COSTS, AND THEY HAVE TO WORK THAT OUT WITH THAT UTILITY PROVIDER. THERE ARE SOME UNIQUE FEATURES TO THE SITE THAT WE BELIEVE HELP JUSTIFY THE VARIANCE REQUEST. AS THIS BOARD KNOWS, AND AS NOTED IN THE STAFF REPORT, WE'RE ALWAYS WORRIED ABOUT SETTING PRECEDENT. SO WE DID TAKE A CLOSE LOOK AT THIS VARIANCE REQUEST. THIS WAS IN YOUR STAFF REPORT. I THOUGHT KYLIE DID A GOOD JOB EXPLAINING THIS IN THE REPORT, THAT WHEN COMPARING THE SETBACK, THE FRONT SETBACK OF THIS HOUSE TO OTHER LOTS, THIS THIS HOME IS SET BACK FURTHER THAN THOSE THOSE HOMES LEAVING LESS SPACE IN THE BACKYARD TO PUT THESE IMPROVEMENTS. THE THE HOME IS ONLY SET 13FT AWAY FROM THAT THAT THAT EASEMENT LINE, THAT 20 FOOT EASEMENT LINE IN THE REAR. SO THERE'S REALLY NOT A LOT OF SPACE TO PUT THIS SORT OF IMPROVEMENT, WHICH WAS ALSO NOTED IN THE STAFF REPORT IN 2020. AGAIN, AS I MENTIONED, THIS IS MENTIONED IN YOUR STAFF REPORT. YOU KNOW, WE'RE ALWAYS CONCERNED ABOUT SETTING PRECEDENTS. WE TRY TO IDENTIFY THOSE THOSE FEATURES OF A PROPERTY THAT MAKE IT A UNIQUE, A UNIQUE CASE, A UNIQUE REQUEST. I'M HERE TO ANSWER ANY QUESTIONS. THE APPLICANT IS HERE TO ANSWER QUESTIONS AS WELL. IS THERE A MOTION TO ACCEPT THE STAFF REPORT INTO RECORD? SO MOVED SECOND. MISS SAMUELS? YES. MR. JACOB? YES.MR. WOOD YES. MR. YES. MR. YES, YES, THERE ARE FIVE VOTES TO ADMIT THE DOCUMENTS. OKAY. ANY QUESTIONS FOR THE STAFF AND THE BOARD? WE'LL START WITH THAT. SO ON VARIANCE A OH, WE'LL START WITH B BECAUSE THAT'S WHERE I'M GOING TO SAY IT. FIRST THERE IS SUGGESTION OR AT LEAST OFFERING TO ADD A HOLD HARMLESS AGREEMENT AS A CONDITION. IS THAT NOT NEEDED OR RECOMMENDED FOR A OR AM I JUST COMPLETELY NOT SEEING IT, OR IS IT JUST NOT NECESSARY BASED ON THE FACT THAT THEY'RE SEPARATE? YEAH, IT'S I WOULD SAY THAT IT FALLS ON BOTH OF THEM BECAUSE THE THE POOL ISN'T ALSO IN THE EASEMENT. IT WOULD APPLY TO BOTH THE PATIO AND THE POOL. OKAY. GOOD. OKAY. JUST WANT TO MAKE SURE I WAS CLEAR IF I WASN'T MISSING SOMETHING.
YEP. HEY, CHRIS, CAN YOU GO BACK TO THE THE FIRST SLIDE? I JUST WANT TO MAKE SURE I UNDERSTAND THIS PICTURE. NO, NO. SORRY. THE NEXT ONE WHEN YOU WERE JUST. YEAH. THAT ONE. OKAY.
SO. SORRY. SO THIS IS THE POOL RIGHT HERE. CORRECT. AND THIS IS THE THE 20 FOOT EASEMENT.
AND THIS IS THE UTILITY EASEMENT HERE. CORRECT. SO HALF THE POOL IS IN THE EASEMENT.
CORRECT? OKAY. CAN YOU GO BACK TO THE LAST SLIDE YOU WERE ON THIS ONE. WHAT'S THIS DISTANCE I HAVE THAT YOU KNOW I'M SO SORRY I THINK I WROTE THAT DOWN. I WILL FIND THAT AND I'LL LET YOU KNOW HERE IN JUST A COUPLE OF MINUTES OKAY OKAY. THE PREVIOUS VARIANCE FOR THE PATIO.
IS IT ROUGHLY THE SAME, YOU KNOW, ENCROACHMENT IN THERE AS THE POOL WOULD BE? YES. YEP.
THAT LINE IS CONSISTENT ACROSS THE EXISTING AND THE NEW. AND THERE'S A HOLD HARMLESS AGREEMENT FOR THAT PATIO AS WELL. CORRECT? YEP. OKAY. HEY, CHRIS, COULD YOU GOING BACK THROUGH THE NOTES, DO YOU RECALL SOME OF THE MAJOR REASONS IT WAS APPROVED? THE PATIO EASEMENT? I COULD LOOK UP JUST THE ONES OFF THE TOP OF MY HEAD. THERE WERE NO UTILITIES BACK THERE. THEY WERE WILLING TO ENTER INTO A HOLD HARMLESS AGREEMENT. I DON'T THINK WE BROUGHT UP THE SETBACK COMPARED TO ADJACENT PROPERTIES. THOSE ARE THE TWO THINGS THAT I CAN REMEMBER OFF THE TOP OF MY HEAD. WHAT ABOUT SCREENING? SCREENING? YES, AND I DID NOT MENTION THAT THAT IS MENTIONED IN THE STAFF REPORT. THERE IS A SUBSTANTIAL AMOUNT OF SCREENING THAT EXISTS WITHIN THAT BUFFER ZONE THAT THE APPLICANT IS NOT PROPOSING TO REMOVE, AND THEY'RE ALSO
[00:10:02]
PROPOSING TO ENHANCE THAT SCREENING, AS SHOWN HERE IN THE LANDSCAPE PLAN TO HELP PROVIDE ADDITIONAL BUFFER. THE CITY ENGINEER LOOKED AT THIS, AND THEY DO RECOMMEND THAT THOSE SOME COORDINATION HAPPEN BETWEEN THEIR TEAM AND OUR TEAM TO MAKE SURE THAT NONE OF THAT ADDITIONAL LANDSCAPING HAS AN IMPACT ON ANY DRAINAGE OR ANYTHING, BUT THEY ARE PROPOSING TO PROVIDE ADDITIONAL SCREENING AS SHOWN HERE. SORRY, I FORGOT TO MENTION THAT. SO SO THAT WAS AN ADDITION TO THEIR APPLICATION FOR PLANNING. THIS WAS A THIS THIS WAS INCLUDED IN THE APPLICATION. THIS ADDITIONAL THIS WOULD BE AN ADDITION TO THE EXISTING TREES THAT ARE ON SITE. AND THE EXISTING FOLIAGE ALONG THAT REAR PROPERTY LINE. OKAY. AND THEN LAST QUESTION, CHRIS, THIS NEIGHBOR THAT IS IN SUPPORT OF THIS, WHERE THIS IS THERE'S TWO OF THEM. THERE'S SEVERAL THOUGH. WE GOT TWO. JUST TWO WE GOT THERE WERE QUITE A FEW. THERE WERE SOME IN THE PACKET AND THERE WERE SOME THAT THE APPLICANT SENT EARLIER THIS AFTERNOON. SO WHY DON'T WE JUST LIKE DID THIS PERSON COME BACK. EXACTLY. I WOULD LET THE APPLICANT SPEAK TO THAT. SURE. YEAH. IF YOU COULD PLEASE STATE YOUR NAME. YEAH. JAMES ROSS 107.THANKS, CHRIS. JUST TRYING TO BRING EVERYTHING TOGETHER. I JUST WANT TO SAY BEFORE I SPEAK TO THIS, I RESPECT THIS PROCESS. LIKE WHEN WE DID THIS FIVE YEARS AGO. I ASKED A QUESTION, MR. SHELL, IN TERMS OF LIKE HOW IT GOT APPROVED. WE MODIFIED A BIT AND WE WANTED TO ENCOURAGE FURTHER AND WE'LL HIKE TO IT. AND WORKING WITH THIS BOARD, IT HELPED US GET TO A PLACE THAT I THOUGHT WE DID RESPECT THE WHOLE PROCESS. BUT IN TERMS OF THIS ANALYSIS, 75% OF THE SHIPS, THEY PROACTIVELY SUPPORTING THE PROJECT 4597 IN THE CORNER ALSO SUPPORTS THE PROJECT. THAT'S THE MAXIMUM 7487 THE. THEY'RE NEWER TO THE NEIGHBORHOOD. THEY SUPPORT THE PROJECT THE HOUSE THAT A LOT OF THAT NEWER TO THE NEIGHBOR AS WELL. THEY ALSO SUPPORT THE PROJECT. THEY'RE ON THE OFTEN AND THEN THE HOUSE DIRECTLY ACROSS THE STREET FROM US. RAY JONES AND ANOTHER HOUSE ON THE LEFT. SO WE HAVE A HALF A DOZEN PROACTIVE SIGNATURES THAT WAS IMPORTANT TO US. FOR THOSE THAT ARE REALLY ARE TRUE NEIGHBORS TO THE LEFT OR RIGHT ON OUR STREETS WITH US TO TRY TO GET THAT. THOSE ARE THE ONES WE'RE ABLE TO. AND EVERYONE ELSE RECEIVED SOME LETTERS, THE OPPORTUNITY TO MAKE SURE. SURE. DID YOU MENTION THIS NEIGHBOR? YES. OKAY. AND THIS NEIGHBOR.
NO. I BELIEVE RIGHT NOW. OKAY. ALL RIGHT. PUTTING IT TOGETHER. THANKS. HOW ABOUT THIS NEIGHBOR? WHERE'S THAT? THAT'S NOT THE SAME. I'VE NEVER SEEN THE LETTER, BUT WE ARE. WE DON'T KNOW WHO THEY ARE. OKAY? DID NOT COMMUNICATE WITH THEM. AND THEY'RE ON PHELPS CLOSE, WHICH IS BEHIND US. AND WE NEED TO BE RESPECTFUL OF THAT. NEIGHBORS ARE ON THE STREET WITHIN WALKING DISTANCE OF US. OKAY. AND THEN I'M HOPING THEY RECEIVE A LETTER AND HAVE THE ABILITY TO SPEAK TO ANYTHING. ANYTHING. YEAH. THEN REAL QUICK, JUST BEFORE I FORGET THE DISTANCE, THE THE SETBACK DIFFERENCE BETWEEN THIS HOUSE AND THIS HOUSE IS ABOUT 10 TO 11FT APPROXIMATELY. OKAY, THANKS. WHICH IS THE EXACT ENCROACHMENT. CORRECT.
APPROXIMATELY THE WE'RE TALKING NINE OF ENCROACHMENT AND MY EVERYONE ELSE. AND WE ALSO THE ONLY FOUR HOUSES I BELIEVE THAT HAVE 20 FOOT EASEMENT. CORRECT. WHEREAS NO. 29 THANK YOU. THAT WAS GOING TO BE MY QUESTION TO YOU. I SAW THAT IN THE NARRATIVE. SO I JUST WANTED TO VERIFY AND VALIDATE THAT WITH YOU. YES. YEP. SPECIAL CIRCUMSTANCE. YEP. I BELIEVE THAT THE ONLY THE 20 FOOT EASEMENT ONLY APPLIES. THERE'S PROPERTIES THAT ARE OFF THE SCREEN HERE. THESE PROPERTIES. AND I BELIEVE THAT IT TAPERS OFF WHEN YOU GET OVER HERE. YES.
AND I'LL DOUBLE CHECK THAT TOO WHILE WE'RE WHILE WE'RE TALKING. AND I'M SORRY SOME OF THE LETTERS ARE THERE AND SOME ARE AS WE AS SOME NEIGHBORS RECEIVED THE LETTER IN THE MAIL, THEY PROACTIVELY REACH OUT TO US AND ASKED IF THEY COULD BE DOING SUPPORT. SO THAT'S WHY. A FEW MORE FOR SURE. ALL RIGHT. THANKS. THANK YOU. ANY OTHER QUESTIONS? I'M SORRY. ONLY OTHER THING I WAS GOING TO NOTE TO THE BOARD WAS IN THE NARRATIVE THAT I SAW THAT WAS NOT IN THE STAFF REPORT IS THAT YOU'RE REPORTING THAT THE COUNTRY CLUB ARCHITECTURAL REVIEW BOARD APPROVED THE PROJECT? YEAH, WE'VE BEEN WORKING. YEAH. THEY APPROVED THIS LAST MONTH. THEY HAD THEY ASKED ABOUT SCREENING AS WELL. AND WE'VE BEEN PARTNERED WITH JIM WARREN WAS ALSO ATTENDING HERE TONIGHT ON SOME LANDSCAPING WORK FROM WALNUT RIDGE DESIGN DOES A LOT OF THE WORK HERE IN NEW ALBANY. SO IT WAS REALLY IMPORTANT FOR US TO MAKE SURE, YOU KNOW, WE LOOKED AT ALL THIS STUFF, STARTED WITH REVIEW JUST TO MAKE SURE THAT WAS GOOD TO GO ONCE WE GOT APPROVAL FROM THEM. THAT'S WHAT WE PUT FORWARD FOR HERE. THANK YOU. YEAH. ANY OTHER QUESTIONS FROM THE BOARD. JUST WANT TO VERIFY THIS THAT THAT AS I
[00:15:06]
MENTIONED THAT THAT EASEMENT DOES APPLY TO PROPERTIES HERE THAT ARE JUST OFF SCREEN. IT GOES ALL THE WAY THROUGH THESE BACKYARDS. AND THEN IT ENDS RIGHT HERE. THESE PROPERTIES ARE NOT SUBJECT TO THAT 20 FOOT EASEMENT. AND THOSE PROPERTIES TO THE LEFT DO THEY HAVE THE SAME SET. THEY THEY DO NOT HAVE THE SAME SETBACK. THEY ARE A LITTLE BIT FURTHER INTO THERE, A LITTLE BIT CLOSER TO OGDEN WOODS. OKAY. YEAH. THE BIGGER AND BIGGER ABILITY TO USE THEIR BACKYARDS BASED ON HOW THE DESIGN. CORRECT. HOW LONG HAVE YOU ON THIS PROPERTY? HERE'S TONIGHT'S GAME WHEN WE CAME IN FROM. OKAY. I HAVE SOME MORE QUESTIONS. IF NO ONE ELSE HAS QUESTIONS, CAN WE GO BACK TO THE PLOT PLAN? WHAT'S THE SIZE OF THAT POOL? 15.5. YEAH. SO THAT FIRST I WOULD SAY TWO FEET, THAT WOULD TECHNICALLY BE AT LEAST WHERE YOU SEE THE. LENGTH AND THE DISTANCE. HERE IS WHAT, NINE FEET, RIGHT. YEAH. BUT THE RED LINE IS THE EASEMENT. THE RED LINE IS THE 15 FOOT SETBACK. THE BLUE LINE IS THE EASEMENT. OKAY. IT'S 15FT. THIS IS 20FT.OKAY. CAN YOU PUT THE BLUE LINE UP AGAIN? SURE. SO JUST QUESTION WHEN YOU WERE DESIGNING THIS THING DID YOUR WHO'S YOUR CONTRACTOR. DID HE ADVISE YOU THAT YOU KNOW THIS IS THIS IS A PRETTY SIGNIFICANT ASK OF THE TOWN. YEAH. I MEAN I WORK CLOSELY WITH JIM AND. THE INITIAL PATIO BEING APPROVED BASED ON THE CONDITIONS PRIOR. IT GAVE US CONFIDENCE TO COME TO THE BOARD TO ASK FOR APPROVAL. THE 15 FOOT RULE. THE RED WAS NEW FOR ME, WHEREAS I KNEW THE BLUE. EASEMENT WAS GOING TO BE VERY SIMILAR TO THE PATIO. AND GOING THROUGH THAT PROCESS, GOING BACK AND FORTH, UNDERSTANDING WHAT WE NEEDED TO DO TO ENSURE WE KEPT THE INTEGRITY OF EVERYTHING KNOCKING ON DOORS AND. DO GIVE US CONFIDENCE TO GO FORWARD. SO YOU'VE BEEN ASKED, BUT WE CAME IN JUST WANTING TO MAKE SURE WE CAN UTILIZE THE BACKYARD. AND AWAY FROM THAT, WE WANT TO BE A PLACE FOR. SO WE DID NOT COME IN AND GET YOUR GUYS. WHERE DOES THE EXISTING PATIO END? CAN YOU SHOW WHERE THOSE STEPS COME DOWN? AND THE STEPS FROM? RIGHT THERE IS WHERE THE EXISTING, YOU KNOW, THE ORIGINAL, THE BLUE, HOW FAR? SORRY. YEAH. THAT'S KIND OF OKAY. AND WE'RE IN THE POOL IS ADJACENT TO THIS LINE HERE OR WHERE'S THE POOL IN THIS PICTURE? ALL THE ONE FOOT OFF THAT LINE. YES, IF I MAY. YEAH, SURE. PLEASE STATE YOUR NAME, SIR. GO AHEAD. JACK, OR. HE'S WHO WE USE A LOT OF OUR JOB ON HIGH GROWTH FARMS AND THINGS LIKE THAT SEVERAL TIMES. BUT WHAT HIS INTERPRETATION WAS IS BECAUSE THE VARIANCE WE ALLOWED THAT PATIO, WE WERE RESTRICTED. AND I WANTED TO MAINTAIN THAT SAME LINE. I DIDN'T WANT TO PROPOSE ANYMORE. AND HONESTLY, IF YOU LOOK AT THIS PROPERTY FOR THE POOL, THAT'S WHY WE ONLY DID LITERALLY ON THE BACKSIDE 12IN OF COPING. SO IT'S 12IN OF COPING WOULD BE IN LINE WITH THAT EXISTING PATIO. THEN THE POOL WOULD SET ONE FOOT INSIDE OF THAT REAR LINE, EXISTING PATIO LINE. BUT WHEN YOU LOOK AT THE PROPERTY, THERE'S REALLY NO IF YOU GO WITH THAT, WITH THAT EXISTING EASEMENT LINE, THERE'S REALLY NO ROOM FOR MUCH OF MUCH OF ANY POOL AT ALL, YOU KNOW WHAT I MEAN? SO THAT'S KIND OF WITH, WITH KYLE'S HELP AND, AND OUR EXPERIENCE, WE WERE HOPING TO MAINTAIN THAT LINE. AND THAT'S WHY I'M WE'RE ASKING YOU YOUR OPINION ON. SURE. OKAY. THANKS. YOU'RE WELCOME. I WOULD GIVE THE NEIGHBORS AN OPPORTUNITY TO SPEAK, SO IF YOU'D LIKE TO, TO SPEAK, I'M SURE. ALL RIGHT. MY NAME IS JASON LEE. MY WIFE AMANDA. HERE. WE'RE AT SEVEN FIVE, ONE FOUR PHELPS CLOSE. SO WE'RE DIRECTLY IN THE BACKYARD THERE, IF I MAY, I PREPARED A. SOME WRITTEN COMMENTS I'D LIKE
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TO READ AND THEN SHARE A COPY WITH YOU, IF WE MAY, FOR THE RECORD. OKAY, JASON, BEFORE YOU GET STARTED, COULD YOU PINPOINT EXACTLY WHERE YOUR HOME IS HERE? YES. SO WE'RE THIS POOL HERE.THERE YOU GO. WHERE THE. RIGHT HERE. OKAY. AND I'M SORRY. HOW LONG HAVE YOU LIVED HERE? PARDON ME? HOW LONG HAVE YOU LIVED THERE? TEN YEARS. OKAY. YEAH, OKAY. OKAY. SO, DEAR BOARD MEMBERS, I'M WRITING TO OPPOSE THE REQUEST FOR VARIANCE BY PROPERTY OWNER JAMES ROTH FOR HIS PROPOSED SWIMMING POOL. I'M A PROPERTY OWNER WHO RECEIVED NOTICE OF REQUESTED VARIANCE. MY HOME IS ABUTS MR. ROSS PROPERTY. THE REQUEST SEEKS A VARIANCE TO ALLOW THE SWIMMING POOL TO ENCROACH UPON AN EASEMENT AND TO EXTEND CLOSER THAN 15FT OF A PROPERTY LINE. CITY ORDINANCE 11 07.03 AUTHORIZES THIS BOARD TO GRANT VARIANCES AS WILL NOT BE CONTRARY TO PUBLIC INTEREST WHERE, OWING TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THIS ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP. THE APPLICANT IS NOT DEMONSTRATED ANY SPECIAL CONDITIONS OR HARDSHIP IN BUILDING A SWIMMING POOL. THE APPLICANT CAN BUILD A SWIMMING POOL WITHIN THE REQUIRED DISTANCE FROM ADJOINING PROPERTY AND WITHOUT ENCROACHING UPON AN EASEMENT. AS THE ZONING CODE REQUIRES.
SIMILARLY, CITY ORDINANCE 1113 .02 PROVIDES THAT ON A PARTICULAR PROPERTY, EXTRAORDINARY CIRCUMSTANCES MAY EXIST, MAKING A STRICT ENFORCEMENT OF THE APPLICABLE DEVELOPMENT STANDARDS OF THE ZONING ORDINANCE UNREASONABLE, AND THEREFORE PROCEDURES FOR VARIANCES ARE PROVIDED TO ALLOW THE FLEXIBILITY NECESSARY TO ADAPT TO CHANGED OR UNUSUAL CONDITIONS. HERE, ENFORCING A 15 FOOT BARRIER AND IN A PREEXISTING EASEMENT ARE NOT UNREASONABLE. THERE ARE NO UNUSUAL CONDITIONS THAT MERIT A VARIANCE FROM THE ZONING CODE.
TO THE CONTRARY, A SWIMMING POOL TOO CLOSE TO A PROPERTY LINE AND ENCROACHING UPON AN EASEMENT REDUCES THE VALUE OF ADJOINING PROPERTIES. LIKEWISE, THERE MAY BE SAFETY CONCERNS IN THAT A POOL THAT EXTENDS BEYOND THE PROPERTY IS MORE VULNERABLE TO OUTSIDE ENTRY. ZONING STANDARDS EXIST FOR A REASON, AND GRANTING A VARIANCE IN THESE CIRCUMSTANCES CREATES PRECEDENCE FOR SIMILAR FUTURE REQUESTS. FOR THESE REASONS, I RESPECTFULLY REQUEST THAT THIS BOARD DENY THE REQUEST FOR THE VARIANCE. MAY I GIVE YOU A COPY OF THE LETTER FOR THE RECORD? THANK YOU, THANK YOU. THIS IS THE BOARD. HAVE ANY QUESTIONS? ARE YOU? I MEAN, OBVIOUSLY WHEN ANYTIME THERE IS A NEIGHBOR THAT COMES FORWARD IN OPPOSITION OR CONCERNS HOWEVER YOU WANT TO DESCRIBE IT, ARE YOU IS IT PRETTY BLACK AND WHITE AS FAR AS YOU AND YOUR WIFE ARE CONCERNED AS IT RELATES TO THIS REQUEST OF. A POOL, THE POOL OR AS IS OR DOES HE HAVE TO FOLLOW WITHIN THE CODE, OR IS THERE A LITTLE BIT OF WIGGLE ROOM AS FAR AS YOU AND YOUR WIFE ARE CONCERNED? DUE TO THE OUTSTANDING CONCERNS YOU HAVE REGARDING THIS VARIANCE? OR I KIND OF JUST DRAW THE LINE, I GUESS, SO WE CAN UNDERSTAND EXACTLY WHAT, BASED ON WHAT YOU'VE STATED. AND YOU KNOW, IN THE SUMMARY I READ, I MEAN, THAT THAT'S HOW WE FEEL ABOUT THE SITUATION, THAT WE HAVE SINCERE CONCERNS ABOUT PROPERTY VALUES. AND IT DOES NOT TO US APPEAR TO BE ANY HARDSHIP. YOU KNOW, THAT BEING ABLE TO BUILD A BIGGER POOL IS NOT A HARDSHIP AND DOESN'T WARRANT VARIANCE. YOU CAN STILL BUILD A POOL. YOU JUST NEED TO STAY WITHIN THE FRAMEWORK OF, YOU KNOW WHAT THE WHAT THE CITY HAS SET OUT AS FAR AS THE CODE, EVEN IF IT'S ONE OF THE ONLY LOTS THAT HAS A UNIQUE CIRCUMSTANCES OF WIDTH AND DEPTH, THE WAY THAT THE OWNER HAS DESCRIBED WHEN HE WAS PREVIOUSLY UP HERE. THAT'S HOW I UNDERSTOOD IT. CORRECT? OKAY. CHRIS, COULD YOU GO BACK TO THE MAP WITH THE THE NOT THE EASEMENT, THE THE SETBACK? SO ON THAT SETBACK, HOW FAR OUT? BECAUSE I KNOW WE'VE TALKED ABOUT I THINK IT WAS NINE FOOT INTO THE ENCROACHMENT. BUT HOW FAR ARE THEY INTO THE SETBACK ON THAT. YEAH TEN. SORRY ABOUT THE FRONT SETBACK. NO THE THE 15 FOOT. YEAH. THEY'RE. MAKE
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SURE I'M RIGHT HERE. LOTS OF NUMBERS BEING THROWN AROUND. YEAH. IT'D BE THE POOL PATIO WOULD BE 11FT AWAY FROM THAT REAR PROPERTY LINE. OKAY. THANKS. YES. WHICH IS HALF OF THE POOL? CORRECT. I MEAN, HALF OF THE POOL IS ENCROACHING. THE POOL IS 15.5, SO IF WE FOLLOW, THAT SETBACK WOULD BE LIKE SEVEN NINE. YEAH. OKAY. LAST, LAST. YOU FLIPPED IT. YEAH. I MEAN. IF YOU, IF YOU DID I. CAN YOU PULL UP THE PICTURE. CAN YOU PULL UP THE PICTURE. SORRY.YEAH. YEAH. YOU DON'T NEED TO. YEAH. OKAY. WHICH PICTURE DID YOU PULL UP. I THINK THIS ONE.
CHRIS, DO YOU HAVE THIS? YES. SO SORRY. THIS IS I'M JUST LIKE. THIS IS AN IDEA. OKAY. WHAT IF YOU MOVE THE POOL THIS WAY? RIGHT. IT'S IT'S. CAN YOU WALK UP TO. THANK YOU. YEAH. I'D HAVE TO TAKE HARD MEASUREMENTS OF THE VERTICAL THAT WAY, BUT I KNOW THERE'S THAT SIDE SETBACK STILL ON THAT SIDE. I UNDERSTAND, BUT IT SOUNDS LIKE THE NEIGHBOR NEXT DOOR DOESN'T CARE. THAT'S TRUE. YEAH. NO STEPS IF YOU POINT. THOSE ARE THE BACK STEPS UP FROM THE BASEMENT. YEAH. WE'RE ALSO TRYING TO BE REALLY MINDFUL OF LIKE THAT. YOU KNOW, WHERE THAT IS WHEN PEOPLE WOULD WALK OVER THE BASEMENT. BUT DEFINITELY SOMETHING WE CAN TAKE A LOOK AT.
BUT AS WE WENT THROUGH DESIGN AND EVERYTHING, IT SEEMED LIKE DUE TO THE, YOU KNOW, TEN FEET OUT THE FRONT AND ASKING FOR NINE FEET IN THE BACK KIND OF GAVE US THE ABILITY TO LOOK AT IT, THE FLOW FROM DOWN OUR UPPER PATIO AND THE COVERED PORCH, DOWN THE STEPS INTO IT, HAVING FIVE FEET IN BETWEEN FOR A WALKWAY FOR SAFETY JUST GAVE US THE DESIGN ASPECT THAT I FELT LIKE WAS THE MOST SAFE FOR ANYONE THAT WOULD BE AT OUR HOME. AND NO, YOU'RE GOOD. ONE THING KYLE MENTIONED DURING THE DESIGN PHASE WAS, YOU KNOW, THESE ARE STEPS RIGHT HERE. SO YOU DON'T WANT TO WATER'S EDGE RIGHT AGAINST THESE STEPS GOING DOWN OR THEY'RE GOING DOWN.
THEY'RE GOING DOWN. SO WHAT WE ALWAYS CONSIDER ON A SHALLOW END OF THE POOL IS WE LIKE TO, FOR SAFETY, HAVE TEN FEET OF HARDSCAPING. JUST SO IF THEY PUT LOUNGERS OUT HERE THEY'RE NOT STEPPING OVER LOUNGERS BECAUSE THAT'S THE ENTRY POINT OF THE POOL. SO THIS AREA HERE, YOU KNOW, IF WE LAID THE POOL OUT THIS WAY AND I'D BE HONEST, I'D HAVE TO HARD MEASURE THAT IN THE FIELD. BUT BUT TO SEE WHERE IT WOULD END DOWN HERE. BUT JUST CONSIDER WE'D WANT IDEALLY TEN FOOT ON THE SHALLOW END AND THEN, YOU KNOW, THE 35 FOOT POOL. AND THEN AS OF NOW, WE, YOU KNOW, WE'VE WE'VE GOT A SHALLOW DEEP END OR THE FAR END IS NOT SO CRITICAL. BUT THIS THIS SHALLOW END IS WHERE YOU TRY NOT TO HAVE IT, WHERE IF SOMEBODY STEPS OUT OF THE POOL, THE DIRECT FLIGHT OF THE STAIRS OR ANYTHING LIKE THAT, UNDERSTAND? AND I THINK, I THINK THIS BOARD TYPICALLY IS REASONABLE AND TRIES TO NEGOTIATE ON BEHALF OF ALL PARTIES INVOLVED. WHEN YOU ASK FOR A VARIANCE OF THIS SIGNIFICANCE, AND YOU'VE GOT A NUMBER OF NEIGHBORS WHO ARE IN APPROVAL, BUT YOU'VE GOT ONE DIRECTLY BEHIND YOU WHO IS IS NOT FOR IT. IT WOULD PUT US IN A VERY DIFFICULT POSITION WHEN WE SET THAT KIND OF PRECEDENT.
I MEAN, I KNOW THERE'S SOME SPECIAL CIRCUMSTANCES WITH THE HOME, BUT IT LOOKS TO US LIKE, YOU KNOW, I MEAN, TO TALK TO EVERYBODY. BUT THERE MIGHT BE SOME, SOME OPTIONS THAT THAT COULD BE WORKED OUT TO POSSIBLY FLIP THE POOL AND NOT, NOT COME IN SO, SO CLOSE TO THAT EASEMENT OR INTO THAT EASEMENT AND SETBACK. SO I AGAIN, I'M SPEAKING FOR THE BOARD HERE, BUT YOU MIGHT WANT TO CONSIDER REDESIGNING IT. AND IF THEN THERE'S SOME ISSUES ON ON THE SIDE, YOU KNOW YOU'VE GOT A NEIGHBOR OVER THERE THAT'S OKAY WITH IT, BUT THEY MAY NOT BE OKAY WITH IT. WHEN YOU START PUSHING CLOSER TO THEM. SO CAN YOU GO BACK TO THE LIST? AND I OBVIOUSLY RESPECT YOUR SO WHICHEVER WAY WE TRY TO DESIGN IT, WE'RE GOING TO BE ASKING FOR SOME SORT OF ENCROACHMENT. AND I GUESS MY QUESTION WOULD BE IF I CAN ASK FOR THE LEASE, IT SEEMS LIKE THEY HAD A HARD STANCE ON NOT HAVING ANYTHING THAT WOULD BE, YOU KNOW, ASKED FOR APPROVAL. SO WE'RE OFTEN GOING THROUGH THE EFFORT OF TRYING TO REDESIGN THE WHOLE THING. AND ALREADY BEING THE INVESTMENT OF TIME THAT WE'VE HAD IN THIS, IT JUST SEEMS, WHICH WAS A SURPRISE TO ME TO TO HEAR THIS THIS EVENING. BUT EVERYONE HAS THE RIGHT TO SPEAK.
[00:30:01]
I SPOKE AT A VARIANCE MEETING FOR THEM BACK IN 2020, AND WAS IN FULL SUPPORT FOR THEIR PROJECT, SO I AM JUST WANTING TO MAKE SURE BEFORE WE MAKE THAT EFFORT, YOU KNOW, WE PERHAPS, YOU KNOW, KNOW IF IT'S STILL GOING TO BE A HARD STANCE. SO. SO SPEAK TO THAT. BUT SIR, IF YOU WANT TO SPEAK, YOU'RE WELCOME TO. BUT I DON'T HAVE TO. YES, I MEAN, WE WE DON'T CHANGE OUR OPINION. FROM WHAT I JUST STATED EARLIER, WE FEEL VERY STRONGLY ABOUT IT. THANK YOU.SORRY, SORRY. SO EVEN IF THEY WERE TO MOVE IT, IF THEY WERE TO FLIP IT AROUND, THEY COULD THE DESIGN WORKED, BUT THEY STILL WOULDN'T. YOU'D STILL HAVE THE THE OBJECTION TO IT.
WHAT IF IT DOESN'T? AS LONG AS WE DON'T ENCROACH ON THE EASEMENT ON THE EASEMENT. OKAY.
RIGHT. I MEAN, A VARIANCE RIGHT FOR AN EASEMENT IS USUALLY GRANTED WHEN THERE'S A HARDSHIP, BUT JUST WANTING A BIGGER SWIMMING POOL IS NOT A HARDSHIP. YEAH, OKAY. SO I DON'T HAVE A SWIMMING POOL. IT'S ABOUT EXTENDING THE LIFE OF MY BACKYARD FOR MY YOUNG CHILDREN.
AND AT THE SAME TIME KNOWING THAT THERE'S NOT REALLY AND CHRIS CAN ATTEST TO THIS, ANYONE? THERE'S NO ROOM FOR ME TO DO MUCH IN THAT BACKYARD. BASED ON THE DESIGN AND THE LOT THAT I HAVE. WHY I BELIEVE THIS BOARD APPROVED THE INITIAL VARIANCE, YOU KNOW, FIVE YEARS AGO FOR THE PATIO THAT WE HAVE HERE TODAY. BUT WITH SOME OF THE BEING ONE OF FOUR HOUSES THAT HAVE THE 20 FOOT EASEMENT AND ONE OF THE ONLY ONE OF THE THE ONLY ONE OF THOSE FOUR THAT HAVE THE TEN FOOT SETBACK, IT REALLY LIMITS MY ABILITY TO DO ANYTHING, WHETHER WE FLIP IT OR NOT. SO I HATE TO HEAR THAT JASON AND HIS WIFE FEEL LIKE IT'LL DIMINISH THEIR PROPERTY VALUE. WE DON'T EVEN SEE EACH OTHER'S HOMES FROM WHERE HIS HOME IS ON OUR PATH. LOTS OF SCREENING ARE UP THERE. YOU KNOW, I, I DON'T THINK IT WOULD AFFECT IT. THAT'S MY OPINION.
HE'S ENTITLED TO HIS OPINION. WE HAVE THE SUPPORT FROM A HALF DOZEN NEIGHBORS THAT FEEL VERY GOOD ABOUT THIS. I JUST DON'T KNOW WHAT PATH I COULD TAKE. IF I'M GOING TO HAVE A HARD STANCE FROM ONE INDIVIDUALS. SO MR. ROTH, FIRST OFF, AS SOMEONE WHO LIVES IN WINDSOR TRUST, I UNDERSTAND WHAT IT MEANS TO NOT HAVE A BACKYARD. SO. BUT LET ME JUST ALSO SAY, THOUGH, THAT WITH THIS PROPOSED, I GUESS, AND HELP ME UNDERSTAND IF IT EXISTS OR DOESN'T ALREADY EXIST WHEN IT COMES TO POOLS SPECIFICALLY, THERE'S IT NEEDS TO BE A CERTAIN LEVEL OF LANDSCAPING THAT GOES IN. WHICH I DID SEE PICTURES. IS THAT IS ANY OF THAT ALREADY IN OR IS THAT GOING TO HAVE TO BE NEW? OH, THEY'LL THEY'LL HAVE TO BE A MIX OF NEW AND OLD. OKAY. SO THERE'S ANOTHER REASON WHY I HIRED JIM MOORE. BECAUSE HE NOT ONLY DOES POOLS, BUT HE DOES LANDSCAPING. I THINK THE ONLY THING JIM WILL NOT BE COMPLETING ON OUR BEHALF WOULD BE THE IRRIGATION. THEY'LL HAVE TO FIX THAT. BUT OTHER THAN THAT, JIM DOES EVERYTHING ELSE.
YEAH. AND SECOND, WHEN IT COMES TO THE FENCING, WHAT IS YOUR PLAN FOR HOW YOU PLAN TO DO THIS? THIS THE THE FENCING FROM A SAFETY POSITION GOING ALL THE WAY AROUND OR. THAT WAS ONE OF THE BIGGEST QUESTIONS FROM THE ARK. WE WENT THROUGH THE COMMITTEE THERE. SO WE SHOWED THE THREE FOOT OFF THE PROPERTY LINE AS IT'S AS IT NEEDS TO BE. THE FENCE. AND OBVIOUSLY THAT THAT'S WHAT THEY SUGGESTED. THAT'S THAT'S THE RULE FROM, FROM THEIR STANDPOINT. ONCE WE GO THREE FEET, THEN IN BETWEEN THE WHERE THE FENCE IS AND BEYOND, IT'LL BE LANDSCAPING PRETTY MUCH GOING, YOU KNOW, GOING TOWARDS THE POOL. DOES THAT SOUND RIGHT? YEAH. OKAY.
CHRIS, CAN YOU REMIND ME OF THE SPECIAL CIRCUMSTANCES THAT CREATE THE 20 FOOT EASEMENT FOR THESE FOUR PROPERTIES? WHY THAT 20 FOOT EASEMENT WAS PUT IN PLACE. THEY'RE PUT IN PLACE TO ALLOW UTILITIES TO BE INSTALLED WITHIN THEM. SO IF THERE'S LIKE A VERIZON OR A SPECTRUM THAT NEEDS TO INSTALL UTILITIES, THAT THAT 20 FOOT SPACE IS PROVIDED BEHIND THESE LOTS TO ALLOW THEM TO PUT THOSE THOSE LINES, THE TELECOM BOXES. WE'VE BEEN WORKING ON THIS SINCE APRIL. THAT'S NOT ABOUT THAT. IT'S ABOUT WE THOUGHT LONG AND HARD ABOUT THE INTEGRITY SIDE OF IT, THE THE FLOW OF IT, THE SAFETY SIDE OF IT. YOU KNOW, AGAIN, IT'S IT'S HARD TO HEAR THAT THERE'S A PROPERTY OWNER THAT'S FEELS LIKE IT COULD DIMINISH THE VALUE. BUT I WORKED HARD TO TRY TO MAKE SURE I INCLUDED THE NEIGHBORS THAT, YOU KNOW, ARE TO THE TRUE LEFT AND RIGHT ACROSS FROM ME. BUT JUST APPRECIATE THAT WE HAD THE CHANCE TO TALK THROUGH IT. BUT WE SPENT A LOT OF TIME TRYING TO MAKE SURE THIS FLOWED, AND THAT WE DIDN'T CHANGE THE INTEGRITY OF THE PURPOSE OF WHAT THIS IS FOR. SURE.
[00:35:08]
SO, MR. LEE, I'M JUST I'M JUST CURIOUS. LIKE, WHAT? WHAT IS THE REAL IS IT A PROPERTY VALUE DIMINISHING? YOUR PROPERTY VALUE DIMINISHING? IS THAT IS THAT THE ISSUE HERE? I MEAN, YES, THAT'S THAT'S CERTAINLY ONE OF OUR MAIN, MAJOR CONCERNS IS PROPERTY VALUE. AND THEN AGAIN, I MEAN, THERE'S PLENTY OF ROOM TO BUILD A POOL. WE DON'T NEED TO HAVE THEIR POOL THAT MUCH CLOSER INTO OUR PROPERTY LINE INTO OUR PROPERTY. RIGHT. IT JUST IT IMPACTS OUR ABILITY TO USE OUR YARD THE WAY WE WANT. YEAH. JUST BY HAVING THEIR THEIR POOL COME IN CLOSER TO OURS. OKAY. ABOUT 40FT FROM. CAN YOU COME UP TO THE MIC? I'M SORRY. WE HAVE TO RECORD ALL THIS. SORRY. I BELIEVE THEIR FENCE LINE. IF YOU GO BACK TO THE FENCE LINE DRAWING. THERE'S ABOUT 40FT FROM WHERE THE POOL WOULD BE FROM OUR POOL. IT COULD BE AGAIN, I'D HAVE TO MEASURE IT. AND THEN OBVIOUSLY THEIR POOL IS FURTHER IN. SO IT SURPRISED TO HEAR THAT THIS CONCERN ABOUT THAT POOL BEING CLOSE TO THEIR CURRENT POOL. I THINK ACTUALLY THE POOL NEXT DOOR TO THEM IS PROBABLY JUST AS CLOSE, IF NOT CLOSER, AND THE HOUSE NEXT TO THEM. HOW OLD ARE YOUR KIDS? FOUR, FIVE AND A HALF AND EIGHT. SO IN IT AT THE MOMENT, AND WE ALSO BACK IN 2020 WHEN WE THOUGHT ABOUT THIS, ALWAYS HAD A VISION FOR A POOL. BUT I WANTED TO WAIT TILL THEY CAN ALL SWIM FREELY ON THEIR OWN BEFORE WE EVEN. EVEN WHEN I MET JIM IN APRIL, HE SAID, WHEN DO YOU WANT TO DO THIS? I SAID, NOT TILL NEXT YEAR. HE SAID, GOOD, BECAUSE HE WAS BUSY. HE COULDN'T DO IT TILL NEXT YEAR. BUT I WASN'T READY TO GET SOMETHING LIKE THIS TO MY FOUR YEAR OLD CAN SWIM ON HIS OWN, SO THIS IS A SECRET WAY TO TRY TO KEEP THEM HOME AND WANT TO BE THE PLACE WHERE THEY CAN BE WITH THEIR FRIENDS. AND THAT'S WHAT MY WIFE AND I WERE TRYING TO DO WITH THIS. WAS THIS THE ORIGINAL DESIGN THAT YOU LED WITH, OR HAS THERE BEEN ITERATIONS OF THIS? THERE'S BEEN ITERATIONS OF THIS FROM WORKING WITH KYLE. THIS IS THE WHEN WE SENT IT TO THE AAC, THEY ASKED FOR MORE DETAILS OF LIKE WHERE THE MEASUREMENTS WOULD BE. SO WE HAD TO RESEND THE SUBMISSION TO THE AAC JUST SO THEY CAN ACTUALLY SEE THREE FEET, THREE FEET OFF THE PROPERTY LINE AND HAVE SOME ADDITIONAL INFORMATION. IS THERE ANYTHING ELSE I MISSED THAT THE AAC ASKED, JIM, PLEASE CHANGE LOCATION. YEAH, YEAH. THIS AUTO COVERS DO SO AND THE THE SPY AND THE AND THE THE POOL ITSELF BOTH HAVE A LOT OF CARS WITH THEM. SO IT'S KIND OF IT'S DOUBLE. IT REALLY IS DOUBLE PROTECTION CORRECT. YEAH. THAT WASN'T ONLY FOR ME. THAT WAS FOR THE NEIGHBORS. I MEAN I GAVE SO MUCH PEACE OF MIND AND IT'S WORTH THE INVESTMENT. OKAY. DID ANY OF THOSE ITERATIONS HAVE EITHER NO ENCROACHMENT INTO THE EASEMENT OR LESS, OR WAS IT ALWAYS JUST THE SAME ENCROACHMENT JUST WAS ALWAYS MEANT TO FOLLOW THE INTEGRITY OF THE EXISTING AND KEEP THAT LINE AS LOW SO THAT, YOU KNOW, THE ONLY ONE? I TALKED TO A CHILD, I DON'T WANT IT TO LOOK LIKE TWO PROJECTS. I WANT IT TO LOOK LIKE IT WAS ONE PROJECT AND SEAMLESS, AND NOT JUST A PIECE OF THE PUZZLE THAT GOT PUT TOGETHER OVER THE YEARS. AND THAT'S HOW THIS WAS, YOU KNOW, KIND OF COME TOGETHER AND WE'RE USING THE SAME EXACT PAVERS THAT ARE ON THE EXISTING PATIO, CARRYING IT THROUGHOUT. AND, YOU KNOW, JUST TRYING TO MAKE IT LOOK LIKE IT WAS ALL PART OF ONE DESIGN BACK FIVE YEARS AGO WHEN WE DID THAT THROUGH COVID, PROBABLY ONE OUT OF 20 IF YOU GO BACK TO THE ORIGINAL, THE EASEMENT LINES FOR THE ROAD. SO THIS ONE HERE AND THEN THE 15 FOOT LINE AS WELL ON THE RIGHT HERE. SO IF THAT EASEMENT LINE IS ABOUT RIGHT HERE AND THEN YOU DO THIS, YOU NEED TO MENTION THAT PLENTY OF ROOM FOR THE POOL. IF WE CUT THIS POOL THIS POOL WOULD BE LIKE SEVEN FEET WIDE. THEY DON'T MAKE YOU CAN'T DO THAT.YOU KNOW WHAT I MEAN? SO THERE'S NO ROOM ON THE BACK OF THE HOUSE FOR THIS SIDE OVER HERE WITH THIS 15 FOOT EASEMENT. I MEAN, YOU KNOW, WITHOUT HAVING THE SCALE WITH ME, I MEAN, THIS IS THIS IS APPROXIMATELY TEN FOOT HERE. AND THEN THE STAIRWELL. I DON'T SEE HOW YOU. KNOW, WHAT IF YOU WENT THE OTHER WAY, NOT TOWARDS THE HOUSE. YES. SO OUTSIDE OF THAT LAWN. BUT I ALSO BELIEVE WE'D BE STRICTLY VISUAL FROM THE FROM THE STREET OR FROM THE STREET LINE, WHICH I KNOW IS SOMETHING WE DON'T TYPICALLY LIKE TO DO. IT WAS IT IS. YEAH.
POSSIBLE. 7412 HAS THAT. BUT WE WERE TRYING TO AVOID HAVING IT BE VISIBLE FROM THE STREET.
[00:40:07]
OKAY. THAT WAS IMPORTANT. YEAH. JUST AS FAR AS THE A LOT OF TIMES THEY WANTED TO WE'VE HEARD OF CONFINES OF THE HOUSE SHE WAS TRYING TO KEEP. YEAH. IS THAT PART OF THE PLANNING REQUIREMENTS LIKE THE ARC. THE POOL CAN'T GO OUTSIDE. I THINK USUALLY THERE'S I DON'T KNOW ABOUT POOL. SO I KNOW THAT I KNOW IN THE PAST THERE'S BEEN PLAYHOUSE AND STUFF LIKE THAT THAT HAVE BEEN ABOUT POOLS. OR THE KEEPING IT WITHIN THE BUILDING LINE OF SIGHT. YEAH.YES. AND IT IS A ZONING REQUIREMENT AS WELL. OH IT IS TYPICALLY IT HAS TO BE BEHIND THE HOUSE. YES. YEAH. OKAY. I'M SURE THERE'S NO PRECEDENCE FOR US EVER ACCEPTING THAT, ACCEPTING A POOL THAT IS OUTSIDE THE THERE ARE I DON'T BELIEVE IT'S BEEN IN FRONT OF THIS BOARD BUT THE PLANNING COMMISSION HAS APPROVED IT. YES. OKAY. AND HOW WAS IT? MY BACKYARD. WAS IT LIKE FOLIAGE? HERE'S THIS KIND OF. I BELIEVE SO, BUT HE CAN SPEAK TO THAT.
YES. AND HAWKSMOOR, THERE WAS A IT WAS BASICALLY A FOREST GOT PLANTED IN FRONT OF IT. SPEAK FREELY IN HAWKSMOOR. OKAY. MR. LEE, DID YOU HAVE SOMETHING ELSE TO ADD? YES. I JUST IT FEELS LIKE IT FEELS LIKE BASED ON THE SIZE OF THE YARD THAT THEY'RE WORKING WITH. RIGHT.
LIKE THEY'RE TRYING TO ENCROACH ON OUR AREA TO MAKE, MAKE THEIR POOL MUCH LARGER WHEN THEY HAVE THIS OVERSIZE POOL TRYING TO GO INTO SUCH A SMALL SPACE AND NOW TRYING TO ASK FOR. IT'S A HUGE ASK. I MEAN, HALF OF THE POOL IS IN OUR EASEMENT. THAT'S WHY WE'RE HERE. THAT'S WHY WE HAVE THE THAT'S WHY THE CITY DRAFTED WHAT THEY DID WITH THE STANDARDS THAT. HAVE YOU GONE THROUGH THIS PROCESS BEFORE YOURSELF? I WAS REPRESENTED FOR THAT. I WAS NEVER HERE FOR THAT PROCESS. WHAT WAS YOUR ASK FROM THE ZONING BOARD OF APPEALS? NO, I THINK IT WAS A I THINK IT WAS A OUR YARD IS UNIQUE IN THE FACT THAT WE HAVE TWO BOXES COMBINED. SO TECHNICALLY IT'S IT'S THE SIDE. SO WHAT HE MENTIONED IS THAT YOU CAN'T SEE IT FROM THE STREET. DO YOU THINK BECAUSE WE COMBINED. LOTS THAT'S WHAT WE HAVE DONE. THAT'S WHAT WE DID. YEAH WE HAD TWO. THAT'S EXACTLY RIGHT. WE HAD TWO LOTS AND WE COULDN'T BUILD A POOL AND HAVE THEM HANG ON BOTH LOTS. SO WE HAD TO COMBINE THEM. THAT'S EXACTLY RIGHT. OKAY. SO LIKE BETWEEN THE LOTS YOU'RE LIKE WHAT WAS WHAT WAS THE ASK AGAIN I THINK IT'S LIKE YOU'RE NOT SUPPOSED TO BE ABLE TO SEE THE POOL FROM THE ROAD AND YOU CAN'T SEE OUR WHOLE. OKAY, I UNDERSTAND IT WAS APPROVED WITH NO, LIKE, CONTINGENCIES BECAUSE SOMETIMES WE DO LIKE YOU HAVE TO PUT SCREENING AFTER SCREENING AROUND IT. IT SOUNDS LIKE YOU GOT APPROVED FOR THE VARIANCE, RIGHT? FREE AND CLEAR. OKAY. WE HAVE SOME FUTURE PROJECTS THAT ARE GONNA BE HAPPENING. SO, YES, EVERYTHING IS APPROVED FOR US. OKAY. AND WAS THAT WHAT AROUND WHAT TIME WAS THAT? IT'S BEEN 2020. IT WAS IN 2020. AND THERE WAS A I LOOKED AT IT JUST BEFORE I CAME. THERE WAS THAT VARIANCE. AND THERE WAS ALSO VARIANCE TO BUILD AN ACCESSORY STRUCTURE APPROXIMATELY HERE THAT WAS 1200 SQUARE FEET, WHEN CODE ONLY ALLOWS IT TO BE 800FT. AND THAT WAS ALSO, YEAH, IT WOULD ACTUALLY HUG UP TO THE POOL CLOSER SO IT DOESN'T ENCROACH ON EVERYTHING. RIGHT? THERE'S NO ASK THERE. SURE. CAN YOU SAY THAT AGAIN? I'M SORRY. IT WAS TO ALLOW AN ACCESSORY STRUCTURE TO BE IT WAS GOING TO BE INSTALLED GENERALLY IN THIS AREA AS THEY MENTIONED. AND CODE ONLY ALLOWED UP TO 800FT■!S IN SIZE, AND THEY ASKED FOR VARIANCE. IT WAS APPROVED TO ALLOW IT TO BE 1200 SQUARE FEET IN SIZE. AND WHAT WERE THE CIRCUMSTANCES OF THAT VARIANCE APPROVAL? I WOULD HAVE TO LOOK THROUGH? IT'S BEEN A WHILE. I MEAN, LIKE THE BOARD'S RATIONALE. YEAH, I CAN LOOK AT IT REAL QUICK WHILE YOU CONSIDER WHY YOU GUYS KEEP TALKING. DO YOU REMEMBER ANY OF THAT MEETING THEM, BEING IN SUPPORT? MR. IS CORRECT.
THERE'S A LAWYER. I ACTUALLY THINK THAT I THINK IT WAS IN FULL SUPPORT FROM I BELIEVE IT WAS GOING TO CREATE ANY HARDSHIP FOR ME AND HARDSHIP FOR MY PROPERTY VALUE. THERE'S ENOUGH SPACE IN BETWEEN US TO MAKE THAT WHERE THEY ARE IN ADDITION TO DIRECT NEIGHBOR, RIGHT, THAT IT'S REALLY THEIR BUSINESS TO DO WHAT THEY WANT TO DO, THEIR PROJECT. YOU ALL FOR IT. AND WERE YOU ALL NOTIFIED OR ENGAGED WHEN THE PATIO VARIANCE WAS? I DON'T RECALL RECEIVING. ACTUALLY, I DON'T THINK I CAN SPEAK ADJACENT. WE DIRECTLY HANDED YOU A LETTER ASKING YOUR SUPPORT. OH, SORRY FOR THE VARIANCE. IN 2020. WE CAME OVER AND DID ASK IF YOU WOULD SUPPORT IT, BUT BECAUSE OF YOUR EXISTING PROJECT, YOU SAID YOU HAD TO REVIEW IT WITH YOUR LAWYER AND THEN WE NEVER HEARD BACK, BUT IT WAS OKAY BECAUSE WE GOT APPROVAL FROM YOU ALL, AND MAYBE YOU DID HAVE IT REVIEWED WITH YOUR LAWYER, AND
[00:45:05]
THEY THOUGHT THERE WAS NOT AN ISSUE. BUT SIMILAR TO ALL THE OTHER NEIGHBORS, WE JUST WERE TRYING TO GET SUPPORT ON THE FRONT END. WE THINK THAT'S IMPORTANT AND WHY NOT? BUT WE WE DIDN'T HAVE ANYONE OBJECT TO THE 2020 PATIO. SO THE CHRIS, IF YOU COULD HELP ME, I KNOW YOU'RE TRYING TO MULTITASK. SORRY. SO WE'RE THE BLUE PROJECT AREA IS AT SOUTH. I GUESS THE WAY IT LOOKS SOUTH OF THAT, WHAT IS THE. I'M SURE IT'S LISTED SOMEWHERE, BUT WHAT IS THE DISTANCE BETWEEN THAT AND WHERE THE LINE IS AT? THAT GAP BETWEEN JUST BETWEEN THAT AND THE BETWEEN THE BLUE AND THE NEXT LINE THAT'S RIGHT UNDER IT. IT IS 11FT AWAY. 11FT.GOT IT. THANKS. AND THEN I DID LOOK QUICKLY AT THE MINUTES. THANKS FOR LETTING ME TAKE A TRIP THROUGH TIME HERE. SO IT LOOKS LIKE THE JUSTIFICATION WAS THAT LOTS THAT ARE BETWEEN 1 AND 2 ACRES ARE ALLOWED TO HAVE 1200 SQUARE FEET. A 1200 SQUARE FOOT ACCESSORY STRUCTURE.
THEIR LOT IS 0.96 ACRES IN SIZE. IT'S JUST UNDER THAT THRESHOLD, WHICH WAS USED AS SOME JUSTIFICATION. OKAY. THANK YOU FOR. I WAS GONNA SAY IT AGAIN, I, I THINK WHEREVER THIS MOVES FORWARD, I'M JUST LOOKING TO SEE IF IT DOESN'T SEEM LIKE THERE'S A PATH FOR ANY SORT OF APPROVAL FROM THE FOLKS BEHIND ME. I'M NOT SURE WHAT, YOU KNOW, DO HARDSHIP THERE MIGHT HAVE BEEN FOR CLEARLY SOME THINGS YOU HEARD THAT THEY HAVE REQUESTED IN THE PAST. THIS IS ABOUT ME, BUT I'M JUST TRYING TO MAKE SURE I STICK TO WHAT IS IMPORTANT FOR ME AND MY PROJECT, AND NOT WANTING TO PUT ANY HARM OR PROPERTY VALUE ISSUES. I DON'T THINK WE'RE ANYWHERE NEAR CLOSE TO THEIR POOL TO DIMINISH WHATEVER THE SITUATION IS WITH THEIR POOL, BUT OBVIOUSLY RESPECT THE OPINION OF THE BOARD HERE AND UNDERSTAND THIS IS A UNIQUE SITUATION NOW. I GUESS. BACK TO MR. LI FOR A SECOND. IS THERE A SITUATION WHERE YOU'D BE AGREEABLE TO A SETBACK INFRINGEMENT? LIKE IS THERE AN OPPORTUNITY FOR TWO NEIGHBORS TO GET TOGETHER AND AGREE ON A DESIGN BEFORE WE HAVE TO GO THROUGH THIS PROCESS? AND I, I'M LIKELY GOING TO POSTPONE THIS DECISION. AND WHAT I'D LIKE TO SEE IS THE TWO OF YOU GET TOGETHER AND COME UP WITH AN AGREEABLE SOLUTION. I DON'T KNOW IF THAT'S POSSIBLE, BUT IF YOU'RE WILLING TO DO THAT, IF YOU'RE WILLING TO DO THAT. DO YOU SEE? I'VE ALWAYS BEEN WILLING. OKAY. I'VE. I'M SURPRISED BY THIS. OKAY? I'VE BEEN NOTHING BUT SUPPORTIVE. I THINK THE LAST OCCASION WE HAD.
THERE'S A LOT OF DEAD TREES THAT ARE IN, IN BETWEEN THE PROPERTY LINES. THAT WERE CAUSED BY THE PROJECT. HE DID. I'VE ACTUALLY PAID TO HAVE HIM REMOVED. TEXT HIM. HEY, YOU MIND IF I TAKE ON THIS? YOU KNOW, THEY'RE KIND OF ON MULTIPLE PROPERTY LINES, AND THAT'S THE ONLY KIND OF ENGAGEMENT WE HAVE. OKAY. BECAUSE IT'S STUFF BEHIND THE FENCE THAT IS, YOU KNOW, LOOKS LIKE IT'S WHERE IT MIGHT BE, BUT IT'S NOT. SO, YOU KNOW, I DIDN'T REALIZE THIS WAS GOING TO BE SUCH A BURDEN FROM THEIR POINT OF VIEW, BUT, YOU KNOW, I'VE HAD SOME ENGAGEMENTS WITH IT, BUT CLEARLY IT'S NOT AT A LEVEL WHERE I FEEL LIKE WE'RE GOING TO. SO LET ME LET ME ASK MR. LEE TO ANSWER THAT QUESTION. OKAY. WELL INTO OKAY. THAT'S FAIR. THAT'S FAIR. SO I'M GOING TO PROPOSE THAT WE NOT. OH GOSH. YEAH, SURE. JUST AS FAR AS WHAT MY EXPERIENCE OF WHAT WE DO. SO WE'RE BROTHERS DOES ABOUT 70 IN-GROUND POOLS A YEAR IN CENTRAL OHIO ARLINGTON DUBLIN, POWELL, BEXLEY, NEW ALBANY, YOU NAME IT. SOME OF THE, YOU KNOW, THE REALLY NICE FAMILY RAISING GOOD NEIGHBORHOODS. A TEN FOOT EASEMENT IS REALLY, REALLY COMMON FOR UTILITIES OR ANYTHING. 20 FOOT IS EXTREME. AND FROM WHAT I SEE, I DO PROBABLY 2 TO 3 ESTIMATES A DAY, MONDAY THROUGH FRIDAY, 365 DAYS A YEAR. SO I'M LOOKING AT PLOT PLANS ALL DAY, EVERY DAY. I'M A REAL HANDS ON OWNER, SO I DO ALL OF THEM STILL, AND I'M LOOKING AT THE PLOT PLANS. WHEN I SEE A 20 FOOT EASEMENT. IT'S IT'S A RED FLAG. LIKE I DON'T HARDLY EVER SEE THEM. IT'S A TEN. AND A LOT OF THOSE ARE ARE A TEN FOOT UTILITY EASEMENT.
YOU KNOW WHAT I MEAN. SO IF WE ARE SPEAKING UTILITIES IN THE FUTURE, IN MOST CASES, FROM MY EXPERIENCE, WHAT I SEE, THAT'S WHAT THE TYPICAL UTILITY EASEMENT IS. YOU KNOW WHAT I MEAN? SO JUST FOR WHAT IT'S WORTH, AS FAR AS EASEMENTS, WE DO A LOT OF WORK FOR AEP UTILITY RESTORATION. WE DEAL WITH UTILITY EASEMENTS A LOT. AND THAT'S WHAT THAT'S WHAT WE SEE A LOT AS A TEN FOOT YOU DO SEE 20. BUT IT'S A IT'S A RARE OCCASION. UNFORTUNATELY WE HAVE
[00:50:04]
A 20 FOOT. I KNOW, I KNOW I KNOW YEAH. YEAH THAT'S YEAH I'LL ADD ONE MORE THING AND RESPECT YOUR DECISION. OBVIOUSLY IF YOU WANT TO POSTPONE, I AM WEARY OF THE WE'LL TALK ABOUT IT WHEN THE ANSWER IS PROBABLY ALREADY KNOWN IN TERMS OF THEIR OPINION ON IT. BUT PICK AND PLACE I KNOW WAS APPROVED IN A SIMILAR SITUATION BY THIS BOARD A COUPLE YEARS BACK WHO ASKED TO ENCROACH INTO AN EASEMENT BY, I BELIEVE, 15FT AND IT WAS AGREED UPON TO DO TEN FEET. SO THERE, YOU KNOW, THERE WAS ANOTHER SITUATION WHERE THE ASK OF OUR NINE FEET WAS VERY ALIGNED WITH THE PRIOR APPROVAL. YOU KNOW, AGAIN, THEY HAD, YOU KNOW, NEIGHBOR SUPPORT IN SOME WAYS, BUT JUST WANTED TO MENTION THAT THAT IS A DIFFERENT. EXAMPLE THAT WAS SIMILAR TO THIS ONE IN TERMS OF THE ENCROACHMENT. ARE THERE ANY OTHER QUESTIONS FROM THE BOARD. NO, NO. OKAY. SO CAN WE PUT A TIMELINE ON WHEN YOU GUYS CAN GET TOGETHER AND SPEAK ABOUT WHAT WOULD BE ACCEPTABLE? I DON'T SEE THAT OFTEN. I WOULD THINK THAT AMANDA AGAIN WE. I WOULD CALL US NOT UNFRIENDLY BUT NOT FRIENDLY. TO EACH OTHER. I MEAN, I KNOW WHAT THEIR TITLES THEY'RE, YOU KNOW, AND PERSPECTIVE ON IT. I'M A BIT SURPRISED BY IT. I JUST DON'T FEEL LIKE HOW I HEARD THE LAWYER. READ AND HOW I KNOW THE FIRST TIME WE HEARD IT WAS TODAY. WE HAVE NOT HEARD A CONCERN PRIOR TO THIS AND KEEP ME HONEST. HE HAD HE HAD RECEIVED A LETTER FROM A LAWYER TODAY SAYING HE WANTED TO POSTPONE. SO THIS WAS QUITE A SURPRISE FOR US. I THINK THE OVER THE TOP, I JUST DON'T FEEL LIKE IT'S LEGITIMATELY WELL, THAT'LL BE DETERMINED, RIGHT? HE'S HE'S BEEN GRACIOUS ENOUGH TO TALK TO HIS WIFE ABOUT WHAT A WHAT A HOW HE COULD ACCOMMODATE THIS. DID HE THOUGH, MR. CHAIRMAN I ASKED HIM. THAT WAS THE FIRST QUESTION I ASKED HIM AT THE BEGINNING, AND HE RECEIVED A FLAT OUT NO UNTIL HE CIRCLED BACK. HE CIRCLED BACK AND AND AND JASON, IF YOU'RE ANSWERING QUESTIONS AS THEY COME IN. SO HE ASKED YOU A QUESTION. IF WE CONSIDER THAT I WANT TO TALK TO THE RECORD.THAT'S RIGHT. OKAY. OKAY. SO CAN WE PUT A TIMELINE ON WHEN YOU GUYS CAN HAVE A CONVERSATION SO WE CAN GET YOU GUYS BACK IN FRONT OF THIS BOARD AND. SPEAK WITH HIM? OKAY.
SO SO, MR. LEE, WE'LL LEAVE IT UP TO YOU IF YOU TALK TO YOUR WIFE AND I. NOW, HOW? MOVE TO TABLE TO THE APPLICANT OR GET BACK TO THE BOARD OR LIKE, HOW DOES IT WORK? IT'S IT'S NOT UNREASONABLE TO GIVE HIM TO THE NEXT MEETING. OKAY. AND LET AND LET THAT EITHER HAPPEN OR NOT HAPPEN, WHATEVER HAPPENS. BUT I MEAN THAT'S NOT UNREASONABLE. IF YOU TABLE IT TILL THE NEXT MEETING, IT'S NEXT MONTH. NEXT MONTH, THIRD CHRISTMAS DAY. OKAY. BUT OF COURSE, YOU KNOW, THINGS HAPPEN AND WE DIDN'T. GOING TO BE GUARANTEED ANYWAY. YEAH. SO OF COURSE WE'D LIKE TO NOT DRAG THIS ON. AND THE OPINION IS GOING TO BE NOT MOVE FORWARD I AGREE MR. CHAIRMAN.
BUT. WELL THERE'S NO THERE'S NO DECISION BEING MADE TONIGHT. RIGHT. AND WE'VE HEARD YOUR CASE, WE'VE HEARD YOUR, YOUR NEIGHBOR'S CASE AND, AND WE'RE TRYING TO BE PRAGMATIC ABOUT YOU GUYS WORKING TOGETHER TO COME UP WITH A SOLUTION. YOU KNOW, WE'RE ALL NEIGHBORS AND WE'RE RESPONSIBLE FOR THE INTEGRITY OF THE TOWN. AND THIS IS THIS IS A VIOLATION OF THE INTEGRITY OF THE TOWN. BUT THERE MIGHT BE A COMMON GROUND WE CAN ALL WORK WITH. AND IT SOUNDS LIKE YOU ALL HAVE THE SAME DESIGNER FOR A COUPLE YEAR PROJECT. SO PERHAPS THAT IS A MEETING POINT TO HAVE KIND OF COME TOGETHER AND MAINTAIN INTEGRITY FOR YOU. INTEGRITY FOR YOU. IS IT KYLE? KYLE. YEAH. AND I'M VERY HAPPY TO BE INVOLVED. YEAH, PERHAPS THAT'S A GOOD IDEA. AND THEIR DESIGN AND YOU KNOW, SO I KNOW THERE'S. VERY FAMILIAR WITH THAT. BUT MAYBE EVERYBODY TAKE A TAKE THE WEEKEND. TAKE A MOMENT. COME TOGETHER. I KNOW THERE'S A TIME FRAME OF WHEN YOU WANT. SO I'M GOING TO MAKE A MOTION TO TABLE THIS UNTIL THE NEXT MEETING.
YOU GUYS CAN TAKE IT UPON YOURSELVES TO GET TOGETHER AND HOPEFULLY COME UP WITH SOME SORT OF SOLUTION. RIGHT. WE'RE AGAIN, WE'RE ALL NEIGHBORS. WE ALL LIVE IN THIS GREAT TOWN. WE SHOULD ALL GET ALONG. WE SHOULD ALL BE REALISTIC. AND THERE ARE CODES THAT WE NEED TO ABIDE BY.
BUT THERE ARE TIMES THIS IS WHY THE BOARD EXISTS, BECAUSE THERE ARE TIMES WHERE THERE'S EXCEPTIONS TO THOSE CODES THAT MAKE SENSE. OKAY, LET'S SEE IF WE CAN CREATE A TIME THAT WORKS
[00:55:04]
FOR LISA OKAY. I DON'T KNOW IF I'M OKAY. SO I'M GOING TO OFFICIALLY PROPOSE THAT WE TABLE THIS UNTIL THE NEXT MEETING. I WILL SECOND THAT MOTION. I'M SORRY I JUMPED ON IT. MR. SORRY, I THINK WE ASKED BOB, WHAT IS THIS NUMBER? 8620 2586 2025. WE'RE GOING TO TABLE THAT TO BOTH THE REQUESTS FOR 1173 AND 1164 UNTIL NEXT MEETING. AND JUST FOR CLARIFICATION, THAT'LL BE ON NOVEMBER 24TH, WHICH IS THE WEEK OF THANKSGIVING. IS EVERYONE WE KNOW. WELL IS THAT. YES, I WILL BE I'LL BE HERE. I'LL BE HERE, ACTUALLY. YEAH, I'LL BE HERE JUST TO MAKE SURE WE HAVE A QUORUM TO AT THE SAME TIME YOU GUYS IN TOWN. YEAH, I WAS GONNA SAY, OKAY, NOVEMBER. IT'S A MONDAY. MONDAY? YOU GUYS HAVE TO BRING THE PUMPKIN PIES.YEAH, THAT'S. THEN YOU'LL KNOW IF THEY BRING PUMPKIN PIE. THEY. THEY MET AND THINGS WERE GOOD.
AND IF NOT, THEN. YEAH. OKAY. GOOD LUCK. GUYS. THIS IS THE MOTION TO TAKE A VOTE. I'M SORRY. THAT'S OKAY. MR. WOODWARD. THE SECOND. YES. ON THE SECOND. MR. YES. MR. WOOD.
YES. MISS. SAMUELS? YES. MR. JACOBS? NO. MR. SCHELL YES. THE AYES HAVE IT. THE MOTION TO TABLE PASSES THREE VOTES IN FAVOR, WITH FOUR VOTES IN FAVOR AND ONE VOTE AGAINST TABLING THE APPLICATION UNTIL THE NEXT REGULARLY SCHEDULED MEETING IN NOVEMBER. ALL RIGHT. THANKS, FOLKS. APPRECIATE IT. OKAY. THANK YOU. MR. MR. JACOB, IF YOU COULD JUST STATE YOUR REASONS FOR THE RECORD. YEAH, IT'S PRETTY STRAIGHTFORWARD. I BELIEVE THE BOARD HAS ALL THE INFORMATION AND AS SUFFICIENT AMOUNT OF QUESTIONS AND BASED ON WHAT MY GUT WAS TELLING ME BY THE EXCHANGES THAT I BELIEVE WE'RE GOING TO BE PROBABLY REVISITING THE EXACT SAME CASE NEXT MONTH. SO I FIGURED WE HAD ENOUGH FOR US TO GIVE AN UP OR DOWN, AND I THAT'S WHERE I WAS AT. THANK YOU SIR. THAT'S ALL. THANKS, CHRISTINA. JUST A QUICK QUESTION. DO WE NEED TO ACCEPT? SORRY, I CAN'T HEAR YOU. DO WE NEED TO ACCEPT THE NEIGHBOR'S LETTER INTO THE RECORD JUST FOR RECORD PURPOSES? OR DO YOU THINK WE'RE THE MOTION TO ACCEPT THE DOCUMENTS THAT HAVE COME BEFORE OR BEFORE THEY PRESENT THE ADDITIONAL MATERIALS? SO I MAYBE LET'S GO HERE. IS THERE THERE'S A MOTION. IS THERE A MOTION TO ACCEPT THE LETTER FROM THE NEIGHBOR INTO RECORD. SO MOVED. THANK YOU. I GOT THE SECOND. WHO WAS THE FIRST? THAT WAS. THANKS, MR. WOOD. YES, MISS SAMUEL? YES. MR. JACOB? YES, MR. SCHELL? YES. MR. YES. THE AYES HAVE IT WITH ALL THOSE IN FAVOR OF ACCEPTING THE NEIGHBORS LETTER INTO THE RECORD. OKAY. ANY OTHER ITEMS FOR TONIGHT? NONE FROM STAFF. OKAY. IS THERE A MOTION TO ADJOURN THE MEETING? SO MOVED SECOND. MR. JACOB? YES. MR. YES. MR. SCHELL? YES, MISS. SAMUELS? YES. MR.
* This transcript was compiled from uncorrected Closed Captioning.