* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] CALLS LEADING [1 Call to order] TO ORDER. WE, UH, START WITH THE ROLL CALL, PLEASE. COMMISSIONER FRAZIER. HERE. COMMISSIONER HUTH. COMMISSIONER O'HARE. COMMISSIONER FLOYD? HERE. CHAIRMAN LUTTRELL HERE. ALL RIGHT. AND [3 Approval of Minutes] MAY I GET A MOTION TO APPROVE THE MINUTES FROM SEPTEMBER PLEASE? MOTION TO APPROVE MINUTES FROM SEPTEMBER 2ND AND LET'S CALL THE VOTE FOR THAT. OKAY. COMMISSIONER FRAZIER ABSTAIN. COMMISSIONER FLOYD? YES. COMMISSIONER LETRELL? YES. [4 Approval of Agenda (additions/deletions)] ALRIGHT. ANY, UH, CHANGES TO TODAY'S AGENDA? NO. MR. CHAIRMAN, THE AGENDA IS JUST AS WE ADVERTISE IN THE OKAY. UH, ONLINE MOTION TO APPROVE THE AGENDA. MOTION TO APPROVE. SECOND. OKAY. COMMISSIONER FRAZIER? YES. COMMISSIONER FLOYD? YES. CHAIRMAN LETRELL? YES. ALRIGHT. UH, WE'LL NOW OPEN IT UP FOR CITIZEN COMMENTS. THIS ISN'T NECESSARILY IN REGARDS TO OUR FORMAL AGENDA, BUT IF THERE'S ANY CITIZENS PRESENT WHO WANNA MAKE A COMMENT. ALRIGHT, THEN WE WILL PROCEED [6.a Case #252562 – 1622 Painted Horse Pass – Request approval of a Variance to allow an accessory structure to be closer to the property line than the height of the structure.] WITH OUR FORMAL AGENDA. UH, CASE NUMBER 2 5 2 5 6 2 16 22 PAINTED HORSE PASS. GOOD EVENING. THE APPLICANT OF 1622 PAINTED HORSE PASS IS REQUESTING A VARIANCE TO ALLOW THE PROPERTY OWNERS TO CONSTRUCT AN ACCESSORY STRUCTURE. FIVE FEET, THREE INCHES FROM THE REAR PROPERTY LINE IN LIEU OF THE REQUIRED 10 FEET, SEVEN INCHES BASED ON THE HEIGHT OF THE ACCESSORY STRUCTURE. THE PROPERTY IS LOCATED IN THE STABLES NEIGHBORHOOD EAST OF PAINTED HORSE BUS. THE PROPERTY IS ZONED R TWO MEDIUM DENSITY RESIDENTIAL AND 0.305 ACRES IN SIZE. THE HOME WAS RENOVATED IN 2022, FEATURING MULTIPLE ELEMENTS IN BACKYARD, ALONG WITH A FIVE FOOT UTILITY IS MEANT. HERE WE CAN SEE THE PROPOSED LOCATION OF THE ACCESSORY STRUCTURE WITH AN AREA OF APPROXIMATELY 1 67 SQUARE FEET IN THE REAR YARD. THE ZONING ORDINANCE REQUIRES THAT ACCESSORY STRUCTURES BE BUILT IN A LIKE MANNER TO THE PRINCIPLE STRUCTURE. THE APPLICANT HAS STATED THAT THE ACCESSORY STRUCTURE WILL HAVE A GABLE ROOF OF SEDAR WOOD WITH GUTTERS AND SEDAR POSTS PAINTED THAT MADE THE HOME. THE HEIGHT WILL BE 10 FEET SEVEN INCHES. THERE IS NO OTHER ACCESSORY STRUCTURES ON THE PROPERTY. NO PORTION OF THE ACCESSORY STRUCTURE EXCEPT THE ROOF OVERHANG WILL BE LOCATED WITHIN FIVE FEET. UTILITY IS MEANT ALONG WASTE AND NOT PROPERTY LINES. NEIGHBOR FROM 1601 PESO TRAIL RAISED CONCERNS REGARDING NOISE FROM THE TV INSTALLATION OF THE, ON THE STRUCTURE. AS THE PLAN SHOWS IT'LL BE CLOSER TO THE REAR PROPERTY LINE. THEY THINK THE DISTANCE IS ROUGHLY 30 FEET FROM THEIR MASTER BEDROOM. WINDOWS VARIANCE WAS GRANTED TO A SIMILAR PROPERTY 1629 PAINTED HORSE PASS IN THE SAME SUBDIVISION IN MARCH OF 2023. AND THEY FACED PHYSICAL HARDSHIP DUE TO THE DRAINAGE ISSUES IN THEIR REARED. BUT FOR 1622 THERE IS NO DRAINAGE ISSUES. AND THE APPLICANT STATES THE PLACEMENT OF THE ACCESSORY STRUCTURE IS BASED ON THE LIMITED SPACE AND LAYOUT CONFIGURATION OF THE LOT BECAUSE OF OTHER PHYSICAL ELEMENTS LIKE SWIMMING, POOL, DECK SPACE, AND ARTIFICIAL TURF. AS AN ALTERNATIVE, THE APPLICANT COULD CONSTRUCT AN OPEN AIR HARBOR STRUCTURE WITHOUT A SOLID ROOF THAT WOULD BE EXEMPT FROM THE SETBACK REGULATIONS. HOWEVER, THIS WOULD NOT PROVIDE THE APPLICANT WITH SHELTER FROM THE WEATHER ELEMENTS. THE SECOND POSSIBLE ALTERNATIVE CAN BE CONSTRUCTING A MODIFIED ARBOR STRUCTURE. THE PORTION OF THE ACCESSORY STRUCTURE THAT IS WITHIN THE REQUIRED REAR EAR SETBACK COULD BE AN OPEN ARBOR WHILE THE PORTION OUTSIDE OF THE REQUIRED REAR EAR SETBACK COULD BE ROOFED OVER PROVIDING SOME PROTECTION FROM THE ELEMENTS. STAFF CANNOT RECOMMEND THE APPROVAL AS THERE IS NO PHYSICAL HARDSHIP FOR THE ACCESSORY STRUCTURE TO BE CLOSER TO THE PROPERTY LINE [00:05:01] THAN WHAT THE ZONING ORDINANCE REQUIRES. THE EXAMPLE MOTION IS ON YOUR SCREEN WITH NEXT STEPS, THE CONDITIONS OF APPROVAL. ON THE NEXT SLIDE, THE APPLICANT AGREES WITH ALL THE CONDITIONS THAT CONCLUDES THE STAFF PRESENTATION. I'D BE HAPPY TO TRY AND ANSWER ANY QUESTIONS, ANY QUESTIONS FOR STAFF? SO REMIND ME AGAIN WHAT'S THE, THE SETBACK? UM, THE, THE REQUIRED SETBACK IS 10 FEET, SEVEN INCHES FROM THE, THAT'S THE REQUIRED? YES. AND WE'RE LOOKING AT FIVE FEET, THREE, SO THREE INCHES MM-HMM . AND IS IS THAT RELATED TO THE HEIGHT? YES, SIR. OF, OF SUP, SIR? MM-HMM . THE HEIGHT WILL BE 10 FEET, SEVEN INCHES ACCORDING TO THE APPLICANT. AND SO THE SETBACK IS THE HEIGHT FROM THE PROPERTY PROPERTY LINE? CORRECT. AND IS THAT REAR YARD AND SIDE YARD THE SAME? NO, THE SIDE YARD IS THE SIDE YARD AND THE REAR IS THE BACKYARD. UH, BUT I'M SORRY, LET ME REPHRASE. SO FOR THIS, IS THERE A SETBACK ISSUE WITH THE SIDE YARD? NO, ONLY FOR THE REAR YARD. AND SO WITH THE, WITH THE OPEN AIR DESIGN THOUGH MM-HMM . THERE, THERE IS NO SETBACK? NO. YOU COULD BE ON THE PROPERTY LINE. YES. OKAY. LIKE EXAMPLE TWO THERE OR ALTERNATIVE TO ANY OTHER QUESTIONS FOR STAFF? ALRIGHT. THANK YOU. ALRIGHT. UH, IF THE APPLICANT, OH, GO AHEAD. OH, OKAY. IS THIS THE, A SEPARATE, THIS IS THE, UH, LETTER THAT YOU MENTIONED IN YOUR REPORT, RIGHT? IS THAT 16? YEAH. MM-HMM . THAT'S, WANTED TO MAKE SURE. YEAH. THANK YOU. SORRY. THAT'S ALL RIGHT. ALL RIGHT. SO, UH, AT THIS POINT IF THE APPLICANT WOULD LIKE TO COME FORWARD TO THE MICROPHONE, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. UH, THEN STATE WHATEVER YOU'D LIKE TO STATE. AND IF WE HAVE QUESTIONS, WE'LL LET YOU KNOW. OKAY. UH, MY NAME IS ANDREW UTIS. I'M WITH GURLEY IL GARDEN AND SS OUTDOOR, TWO DIFFERENT COMPANIES. UM, MY ADDRESS IS 14 0 7 CROSSVIEW LANE, CARVILLE, TENNESSEE. UM, AND, UH, I DUNNO, YOU WANT ME TO JUST TALK ABOUT IT MORE IN DETAIL OR IF YOU, I MEAN, IF YOU HAVE ANYTHING SPECIFIC YOU WANNA LET US KNOW. YEAH, FEEL FREE TO. AND THEN, UM, SO WE, WE WENT WITH ON THIS GOING, CAN I DRAW ON THIS THING AN ALTERNATIVE LOCATION GOING RIGHT HERE. WHEN I TOLD THEM THAT THEY, UH, TOLD ME THE PLUMBING LINES FOR THE SKIMMERS AS WELL AS THE DRAINAGE FROM THE, UM, THE ARTIFICIAL TURF AS WELL AS A GAS LINE GOES THROUGH THERE. SO I WOULD LIKELY HIT IT IF I PUT A POST IN THE GROUND RIGHT THERE. SO I ABANDONED THAT IDEA VERY QUICKLY AS TO NOT GET INTO ALL OF THAT. UM, THE OTHER REASON FOR NOT, ALSO THEY DIDN'T WANT TO PUT IT THERE WAS BECAUSE OF IT BEING ON THE WEST SIDE OF THE STRUCTURE, BEING THAT THEY USED THE POOL THE MOST DURING THE AFTERNOON. THEY WOULD GET THE SUN THERE RATHER THAN A SHADOW FACING ON THEM IF IT WERE TO BE IN THE BLUE LOCATION RATHER THAN WHERE IT IS NOW. SO IT'D BE FULLY SHADED IF THEY PUT IT IN THE BLUE THAT I JUST OUTLINED IN THE AFTERNOON VERSUS BEING IN THE SUN IN THE AFTERNOON. SO THAT WAS ANOTHER CONSTRAINT THERE WITH THAT. AND IT'S REALLY NOT A VERY BIG AREA AND IT WE'RE REALLY GETTING INTO LOUNGE AREA EVEN WITH THIS STRUCTURE. SO WE'RE KIND OF EVEN PUSHING THE LIMITS ON THE SIZE OF THIS THING AT WHERE IT IS. UM, ANOTHER COMMENT WAS ABOUT, I BELIEVE THE TV. THE TV. SO, UM, THE BEAUTY OF OUR WORLD NOW IS AI CAN DO A LOT FOR US. UM, AT 80 DECIBELS WITH A DOUBLE-SIDED BRICK WALL FACING A DIFFERENT WAY TV SPEAKERS GO FORWARD. CORRECT. IF I'M WATCHING THE TV, THE, THE SOUND COMES TOWARDS ME, NOT BEHIND ME. SO IF IT'S ON THAT WALL, IT'S GONNA BE GOING OUT THIS WAY TOWARDS THE CLIENT'S HOUSE RATHER THAN THE NEIGHBOR BEHIND THEM 45 FEET AWAY. UM, THAT'LL BE KNOCKED IN HALF WITH JUST THAT BARRIER BEING BETWEEN THEM. AND I'VE EVEN, BUT PRIOR TO GETTING THIS EMAIL ABOUT IT, I SENT THE HOMEOWNER THEIR CONCERNS. THEY'RE LIKE, WE'RE NOT THOSE PEOPLE. MM-HMM . SO, AND THAT'S TO SAY THEY EVEN PUT UP A TV, YOU KNOW, SO IT WAS JUST A PROPOSAL THING. SO WHAT IS THE, UH, THE HOMEOWNER'S OBJECTION TO SOMETHING LIKE [00:10:01] THAT? ALTERNATIVE TO, UM, PICTURE? CAN YOU PUT THAT ONE BACK UP FOR ME PLEASE? THAT WAY THEY WOULDN'T HAVE TO WORRY ABOUT A VARIANCE. THEIR, THEIR OBJECT, THEIR, THE REASONING FOR THIS IS THEY HAVE, WHEN THEY DID THE STABLE SUBDIVISION, THEY TORE DOWN ALL THE TREES BASICALLY. SO THERE'S NO TREES, THERE'S NO SHADE IN THIS ENTIRE SUBDIVISION MM-HMM . SO TO PUT A STRUCTURE THERE IS GONNA PROVIDE THEM WITH SHADE NOT ONLY THERE INSIDE OF THAT STRUCTURE, BUT ALSO IN THEIR SHALLOW END AT CERTAIN TIMES OF THE DAY AS WELL. SO IT'S GONNA HELP OUT WITH THAT. UM, THAT WAS THEIR REASONING FOR THAT. I SPOKE TO THEM ABOUT DOING A SLANT ROOF CABANA, WHICH WOULD OBVIOUSLY LEAVE OUR SETBACK, WOULD STILL HAVE TO HAVE IT, BUT IT WOULD STILL BE LESS, I SUPPOSE, 'CAUSE OF THE HEIGHT CONSTRAINT. UM, THEY THEN RESPONDED WITH THE NEIGHBOR ACROSS THE WAY, PUT A GABLE ROOF WHO WE BROUGHT UP AT, UH, WAS IT 1629 PAINTED HORSE PRECEDENT. UM, THEY HAVE THE SAME SETUP, SO WE, THAT'S EXACTLY WHAT THEY WANT. THEY SHOWED ME A PICTURE OF THAT. SO WE WENT WITH THAT DESIGN. DID THEY UNDERSTAND THAT THERE WERE DIFFERENT REASONS FOR THAT ONE? THERE WERE, THERE, I, I GET THE IDEA OF A DRAINAGE THING, BUT IT'S STILL IN, IN THEIR ORIGINAL CASE, IT WAS STILL PUT IT IN THE SETBACK, THE IN NOT PAST IT, BUT WITHIN THE SIDE YARD SETBACK AND CLOSER TO THE SIDE PROPERTY LINE THAN THE HEIGHT OF THE STRUCTURE. SO IT'S VERY SIMILAR IN THAT CASE. I GET, I DON'T, I'M NOT FIXING THE WHOLE NEIGHBORHOOD'S DRAINAGE ISSUE WITH A STRUCTURE AND NOBODY IS. IT'S JUST THEY TACKED ON THE DRAINAGE ISSUE WITH THEIR VARIANCE ON THAT PRECEDENT. ANY OTHER QUESTIONS FOR THE, UH, APPLICANT? IT SO, UH, WITH A FLATTER ROOF IT WOULD, UH, THEY THINK ABOUT THAT THE FLATTER ROOF WOULD STILL BE, I'D STILL HAVE TO GET A VARIANCE FOR A FLAT ROOF. IT'D JUST BE A DIFFERENT LOOK. UM, BUT THEY, UH, LIKE I SAID, THE PRECEDENT BEFORE WAS A, A GABLE ROOF AND THEY LIKED THAT LOOK AND THAT'S WHAT THEY WANT. AND HONESTLY, YOU PROBABLY WOULDN'T BE MUCH SHORTER THAN THAT 10 FOOT MARK WITH A SLANT ROOF CABANA, BUT THEY STILL WANT THAT SHADE, NOT A OPEN ARBOR LIKE WE HAVE. AND WE HAVE HAD HOA APPROVAL, MIND YOU, NOT THAT THAT MATTERS, BUT YOU KNOW, IT HAS BEEN APPROVED VERSUS THE PRE, THE PREVIOUS PRECEDENT FOR 1629 DID NOT HAVE HOA APPROVAL YET. ANY OTHER QUESTIONS? THANK YOU SIR. YEP. ALRIGHT, WELL LET'S, UM, START WITH A MOTION. MOTION TO APPROVE VARIANCE IS WRITTEN SECOND. ALRIGHT. AND DISCUSSION. I MEAN, I GET SOME PIPES, MAKE SURE I CAN HEAR YOU. I GET, THERE'S SOME PIPES AND A FEW OTHER THINGS THAT MAY POTENTIALLY BE IN THE WAY, BUT, YOU KNOW, ELECTRICAL COMPANIES DIGGING YARDS EVERY DAY AND YOU CAN PINPOINT WHERE THAT IS. SO IT SEEMS TO ME MOVING THE STRUCTURE IS A POTENTIAL OPTION, UM, VERSUS CREATING A VARIANCE GIVEN LACK OF HARDSHIP. UM, THAT'S WHERE I'M, YEAH, WELL, UM, DO WE, DO THEY EVEN KNOW HOW MUCH, WHAT'S THE EXTENT OF THE PIPING AND WIRING AS WELL, SO THAT, THAT, THAT MAY ALSO BE AN ISSUE AS WELL. BUT I UNDERSTAND YOUR POINT. UM, BUT HOWEVER, I I DON'T SEE ANY, I DON'T SEE A HARDSHIP THAT REQUIRES US TO VARY WHAT WE, WHAT THE, WHAT THE, UH, STANDARDS ARE. IS THAT A QUESTION WE CAN ASK? WHAT'S INVOLVED WITH, IS IT CURRENT INFRASTRUCTURE? IS THAT IRRELEVANT TO THE VARIANCE? I THINK IT'S IRRELEVANT. IT'S, YOU KNOW, IF IF WE VOTE IN FAVOR OF THE MOTION, THEN THEY CAN CONSTRUCT HOW THEY CHOOSE TO CONSTRUCT, AND THEN IF WE VOTE NO, THEN IT'S ON THEM TO DECIDE IF THEY WANT TO TRY TO MOVE IT TO THAT OTHER SPOT OR NOT. SO, YEAH. UM, I DON'T THINK THAT REALLY RELATES. UM, FACT IS, I MEAN THERE, THERE'S, THERE'S NOT A HARDSHIP. UH, THIS IS JUST A, A WANT. UM, WHICH I'M NOT SAYING THAT'S WRONG, BUT THERE, THERE'S NOT A [00:15:01] HARDSHIP REQUIRING VARIANCE. UM, THERE'S AN INCONVENIENCE REQUIREMENT OF VARIANCE. SO, UH, I THINK THAT'S WHAT IT GETS DOWN TO. YES. SO IT, IT, IT'S, UH, A MATTER OF, UH, OTHER ALTERNATIVES ARE NOT WHAT THEY WANT. YEAH. OKAY. ALL RIGHT. I THINK WE'RE READY TO VOTE. COMMISSIONER FLOYD? NO. COMMISSIONER FRAZIER? NO. CHAIRMAN LETRELL? NO. ALRIGHT, LET'S GET BACK WITH STAFF, SIR. AND, UH, THEY'LL HELP YOU WITH WHATEVER THE NEXT STEPS ARE. [7 Announcements] ALRIGHT. ANNOUNCEMENTS. UH, JUST A COUPLE OF THINGS ABOUT THE REST OF THE MEETING. THE OTHER MEETINGS FOR THE REMAINDER OF THE YEAR, THERE'S A MEETING SCHEDULED FOR NOVEMBER 20TH. RIGHT NOW WE DON'T HAVE ANY ITEMS, BUT I WAS TALKING WITH SOMEBODY TODAY THAT WAS TRYING TO SUBMIT ONE ONLINE. SO I DO THINK YOU'LL GET AT LEAST ONE APPLICATION MAY, MAYBE TWO FOR THAT MEETING. THAT'S ON NOVEMBER 20TH AND RIGHT NOW ON DECEMBER 18TH, WE DON'T KNOW OF ANY, ANY CASES. UH, SO AS FAR AS THE STATE REQUIRED TRAINING, WE HAD ANOTHER WEBINAR TODAY THAT'LL BE RECORDED AND WE'LL SEND OUT THE LINK. UH, MR. FOY WAS, WAS ON THAT, THAT CALL OR THAT SESSION TODAY. AND, UH, JUST A REMINDER, ALL YOU HAVE TO DO IS GET YOUR TRAINING BY THE END OF THE CALENDAR YEAR AND WE'LL, WE'LL SEND OUT THE MEMO LATER THIS MONTH WITH ALL, ALL THE LINKS AND WE DON'T ANTICIPATE ANY OTHER OPPORTUNITIES, BUT THERE'S AMPLE OPPORTUNITIES TO GET MORE THAN FOUR HOURS THIS CALENDAR YEAR AND THEN ALSO BE ON THE LOOKOUT FOR COMMUNICATION ABOUT SERVING FOR NEXT YEAR. IT'S ABOUT THAT TIME WHERE WE'LL START TO COMMUNICATE THE APPLICATION PROCESS AND YOU'LL HAVE A CHANCE TO APPLY AND USUALLY THE BOARD SETS THE BOARD FOR NEXT YEAR OR BY EARLY DECEMBER, SO WE'LL, AS SOON AS WE LEARN ABOUT THOSE LINKS AND APPLICATION FORMS, WE'LL WE'LL LET YOU KNOW. THAT'S ALL WE HAVE. OH, IT'S ALSO NIDA'S LAST BOARD OF ZONING APPEALS MEETING. SO SHE HAS TAKEN A JOB WITH SHELBY COUNTY, UM, MEMPHIS AND SHELBY COUNTY. SO SHE'LL, SHE'LL BE LEAVING US AT THE END OF THE MONTH. SO WE'RE, WE'RE THANKFUL FOR HER, HER SERVICE HERE. AND, UH, SHE'S, SHE'S BEEN A GREAT PLANNER TO WORK WITH. GREAT. ALRIGHT, WELL GOOD LUCK TO YOU. AND UH, YEAH, THERE'S NOTHING ELSE WE WILL ADJOURN. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.