[1 Call to order]
[00:00:03]
ALL RIGHT, WE'RE GONNA CALL THE MEETING TO ORDER.
LEMME START WITH THE ROLL CALL, PLEASE.
[3 Approval of Minutes]
ALL RIGHT.MAY I GET A MOTION TO APPROVE THE MINUTES FROM OCTOBER PLEASE? MOTION TO APPROVE IS WRITTEN.
[4 Approval of Agenda (additions/deletions)]
ALRIGHT.ANY, UH, CHANGES TO THE AGENDA? NO CHANGES TO THE AGENDA.
THE, UH, THE EMAILS THAT HAVE COME IN, ARE THOSE AUTOMATICALLY ADDED? YES.
WE WILL ADD THAT TO THE RECORD.
ALL MOTION TO APPROVE THE AGENDA FOR TODAY.
NOW, UH, FOR EVERYONE IN THE AUDIENCE IS THE TIME FOR CITIZEN COMMENTS, NOT REGARDING EITHER ONE OF THE TWO, UH, ITEMS ON THE FORMAL AGENDA.
SO IF YOU JUST HAVE SOMETHING OUTSIDE OF THOSE TWO ITEMS THAT YOU WOULD LIKE TO SHARE, PLEASE COME FORWARD TO THE MICROPHONE.
STATE YOUR NAME AND ADDRESS, AND WE'LL BE HAPPY TO LISTEN.
[6.a Case #252994 - 1252 Braygood Drive - Request approval of a Variance to allow an accessory structure to encroach into the rear yard setback and be closer to the property line than the height of the structure]
WE WILL THEN MOVE ON WITH THE FORMAL AGENDA.START WITH, UH, CASE NUMBERS 2 5 2 9 9 4 12 52 OOD DRIVE.
GOOD EVENING, AND THANK YOU FOR YOUR TIME.
THE PURPOSE OF THIS AGENDA ITEM IS TO REQUEST APPROVAL OF A VARIANCE TO ALLOW AN ACCESSORY STRUCTURE TO ENCROACH INTO THE REAR YARD SETBACK.
IT'S LOCATED ON THE EAST SIDE OF VERY GOOD DRIVE.
THE PROPERTY OWNER IS DAVID SALAZAR, AND IT IS ZONED R ONE LOW DENSITY RESIDENTIAL.
THE HOME IS PART OF THE GRAYSTONE PARK SUBDIVISION AND WAS BUILT AROUND 2006.
THE POOL COMPANY APPLIED FOR A POOL PERMIT IN JULY OF THIS YEAR.
AFTER THE POOL WAS COMPLETED, THE CONTRACTOR STARTED WORK ON THE ACCESSORY STRUCTURE, AND ON YOUR SCREEN, YOU CAN SEE THE ORIGINAL DRAWING THAT THE APPLICANT SUBMITTED WITH THEIR POOL PERMIT.
HOWEVER, STAFF WAS NOTIFIED OF AN ACCESSORY STRUCTURE BEING BUILT WITHOUT THE APPROPRIATE PERMIT, AND IT WAS TOO CLOSE TO THE PROPERTY LINE.
AFTER A MEETING BETWEEN THE POOL CONTRACTOR AND UH, TOWN STAFF, IT WAS DETERMINED THAT THE CONTRACTOR ASSUMED THE POOL PERMIT WAS CO COVERED THE ACCESSORY STRUCTURE AS WELL.
THE APPLICANT IS PROPOSING TO, TO PROPOSING THE STRUCTURE TO BE ABOUT FIVE FEET FROM THE REAR PROPERTY LINE.
THEY STATE THIS WILL BE USED AS A OUTDOOR KITCHEN AND STORAGE AREA, AND IT'S APPROXIMATELY 400 SQUARE FEET AND 12 FEET TALL.
THERE ARE OTHER STRUCTURES IN THE BACKGROUND BACKYARD, INCLUDING THE POOL, A FIRE PIT, A SUN DECK, AND ALSO THERE'S LANDSCAPING.
THE APPLICANT HAS PROPOSED TO INSTALL LANDSCAPING ALONG THE REAR FENCE LINE TO SOFTEN THE STRUCTURE'S APPEARANCE REGARDING, UH, ACCESSORY STRUCTURES.
THE ZONING ORDINANCE STATES THAT THESE STRUCTURES SHOULD BE SET BACK FROM THE PROPERTY LINE, UM, THAT IS EQUAL TO OR GREATER THAN ITS HEIGHT.
WITH THE ACCESSORY STRUCTURE BEING 12 FEET TALL, THIS MEANS IT SHOULD BE AT LEAST 12 FEET FROM THE PROPERTY LINE.
IN THIS CASE, THIS IS A SEVEN FOOT ENCROACHMENT INTO THE REAR YARD SETBACK.
THE ORDINANCE ALSO STATES THAT THE STRUCTURE SHOULD BE BUILT IN A LIKE MANNER TO THE PRINCIPLE STRUCTURE.
IN THIS CASE, THE STRUCTURE HAS WAS PROPOSED TO MATCH THE PRI PRIMARY DWELLING AND HAS RECEIVED HOA APPROVAL.
IF THE STRUCTURE, WHICH IS ALREADY HALFWAY CONSTRUCTED WERE TO BE RE RELOCATED, THE APPLICANT STATES, THEN IT COULD OBSTRUCT THE POOL'S ACCESS TO CREATE A NON-COMPLIANCE WITH THE HOA STANDARDS, AND IT COULD CREATE INCOMPATIBILITY WITH THE DWELLING.
THERE ARE ALTERNATIVES TO PLACING AN ACCESSORY STRUCTURE WITHIN FIVE FEET OF THE PROPERTY LINE.
ONE IS THAT THE SIZE AND THE SIZE AND DIMENSIONS COULD BE REDUCED TO MEET THE SETBACK PARAMETERS FOR THESE ACCESSORY STRUCTURES.
HOWEVER, AS I MENTIONED BEFORE, THE STRUCTURE IS ALREADY UNDER CONSTRUCTION.
[00:05:01]
COULD CONSTRUCT AN OPEN AIR ARBOR WITHOUT A SOLID ROOF, AND THIS WOULD EXEMPT IT FROM THE SETBACK REGULATIONS.HOWEVER, THIS WOULD NOT PROVIDE THE APPLICANT WITH SHELTER FROM THE ELEMENTS.
AND LASTLY, THE APPLICANT COULD CONSTRUCT A MODIFIED ARBOR STRUCTURE.
THE PORTION OF THE STRUCTURE THAT'S WITHIN THE REQUIRED SETBACK COULD BE OPEN AIR, WHILE THE PORTION OF THE ACCESSION STRUCTURE OUTSIDE OF THE RE REQUIRED REAR YARD SETBACK COULD BE ROOFED OVER, WHICH WOULD PROVIDE SOME PROFE PROTECTION FROM THE ELEMENTS.
STAFF CANNOT RECOMMEND APPROVAL AS THE PROPERTY HAS NO PHYSICAL HARDSHIP PREVENTING THE ACCESSORY STRUCTURE.
AND THE EXAMPLE MOTION IS ON YOUR SCREEN.
AND THIS IS BASED ON THE APPLICANT'S REQUEST TO APPROVE A VARIANCE TO ALLOW AN ACCESSORY STRUCTURE TO BE STRUCK, CONSTRUCTED, UM, AND BE CLOSER TO THE REAR PROPERTY LINE THAN THE HEIGHT OF THE STRUCTURE AT 1252.
GOOD DRIVE SUBJECT TO THE FOLLOWING CONDITION.
AND THESE, THIS CONCLUDES STAFF PRESENTATION, AND I'LL BE HAPPY TO TRY TO ANSWER ANY QUESTIONS IF YOU HAVE ANY THANK YOU.
SO HOW THIS WORKS IS WE'RE GONNA NOW INVITE THE APPLICANT TO COME UP.
APPLICANT, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, UH, FOR EVERYONE ELSE TO KEEP YOUR SILENCE WHILE THE APPLICANT'S SPEAKING.
AFTER THE APPLICANT SPEAKS AND WE HAVE THE ABILITY TO QUESTION THE APPLICANT, WE'LL THEN INVITE THE PEOPLE WHO HAVE SUBMITTED CARDS TO COMMENT.
SO, UH, WE'LL START WITH THE APPLICANT.
PLEASE COME FORWARD AND STATE YOUR NAME FOR THE RECORD.
UH, I'M CLIFF DUVALL, UH, OWNER OF DUVALL POOLS.
THIS, THE, THE OWNERS ARE SITTING BEHIND ME.
UM, I GUESS JUST, I GUESS I'LL JUST TELL MY SIDE OF THE STORY.
SO, UM, WE HAD, UH, A NEW GIRL THAT WAS PULLING THE PERMITS.
SO SHE PULLED THE POOL PERMIT, AND IN THE DRAWING THERE WAS A, YOU KNOW, A PICTURE OF THE STRUCTURE, BUT IT WASN'T LABELED.
SO THAT'S HOW THAT THE BUILDING PERMIT GOT OVERLOOKED.
UM, THEN OF COURSE, WE BUILT THE POOL.
UM, HE, WE GOT IT APPROVED WITH THE HOA, THEY SAID IT WAS FINE.
AND THEN WE GOT TO THIS POINT, UH, I THINK SOMEONE CALLED, THEY CAME TO LOOK AT IT.
UH, WE, WE'VE LOOKED UP SEVERAL INSTANCES WHERE PEOPLE GOT THE, A SIMILAR SITUATION APPROVED IN COLLIERVILLE.
UM, JUST BECAUSE OF THE WAY THE PROPERTY WAS, IT WAS A TIGHT SPOT FOR, UM, ONE GUY HAD, UH, I'VE GOT PICTURES IN HERE, BUT HE HAD A REALLY SIMILAR, IT WAS, UH, A COVERED PATIO FOR LIKE, HIS GYM EQUIPMENT AND STUFF.
AND IT WAS, UH, UH, ACTUAL, LIKE ENCLOSED AC SPOT.
UM, AND HE HAD, HE HAD TO PUT IT WITHIN LIKE FIVE FOOT OF A FENCE.
UM, SO THIS IS, THIS IS FOR THIS TO FIT IN THAT BACKYARD THE WAY IT WAS LIKE DESIGNED FOR, FOR AN OUTDOOR KITCHEN.
IF YOU MADE IT SMALLER TO THE HOUSE, IT, IT WOULDN'T REALLY FIT THE AESTHETICS OF THE HOUSE.
SO THAT'S, THAT'S KIND OF WHERE WE'RE AT.
WE HAVE, UH, QUESTIONS FOR THE APPLICANT.
WHAT DO YOU, UH, IDENTIFY AS THE, THE HARDSHIP FOR US TO, UH, MOVE TOWARDS THE VARIANCE? I, I WOULD IDENTIFY IT AS THE WAY THAT YARD'S LAID OUT.
IT'S NOT A, IF YOU, IF YOU MADE IT ANY SMALLER, YOU COULDN'T FIT LIKE AN OUTDOOR, ANY KINDA OUTDOOR KITCHEN.
I MEAN, ANYTHING THAT'S GONNA BE AN ACCESSORY TO THAT POOL.
I MEAN, IT JUST, IT COULDN'T DO ANYTHING.
IT'S, IT'S A REALLY SMALL YARD, SO THAT'S KIND OF THE ONLY WAY YOU CAN DO IT, IS THE WAY WE DID IT.
AND YOU SAID THERE WAS APPROVAL BY THE HOA, WHICH IS ON OUR NOTES.
WAS THERE ANY FEEDBACK FROM THE HOA IN THAT PROCESS? UH, NO.
UNTIL IT, I THINK, NOT THE HOA, BUT A HOMEOWNER DID LATER ON.
I THINK THAT'S WHO CALLED, UH, AFTERWARDS, BUT NOT FROM THE HOA.
IS THERE, UH, DID YOU SEE A LETTER, A LETTER OR ANY, DID THEY WRITE IT, UH, GIVE YOU, UH, AUTHORITY, HOA GIVE YOU
[00:10:01]
AUTHORITY IN, IN WRITING? OR IS THAT YES, SIR.HOW MANY FEET INTO THE SETBACK IS THE STRUCTURE? IT'S, SO THE MEDIAN WHERE THE, WHERE THE ROOF IS, UH, IS 12 FEET, AND THE STRUCTURE IS FIVE FOOT SIX FROM THE FENCE.
SO IT'S SIX TO SEVEN FEET AWAY.
YOU NEED A SECOND? YEAH, I'M GOOD.
ANY OTHER QUESTIONS FOR THAT? THANK YOU, SIR.
I HAVE, UM, TWO REQUESTS TO SPEAK.
BILL PRICE, IF YOU WANT TO COME FORWARD, JUST STATE YOUR NAME AND ADDRESS FOR THE RECORD, AND THEN WHATEVER COMMENTS YOU MAY HAVE.
BILL PRICE, 1, 2, 5, 9 BRA SHORE DRIVE.
SO MY BEEF IS, I WANTED TO BUILD A GREENHOUSE, $35,000 GREENHOUSE.
AND THE CITY DISAPPROVED IT BECAUSE IT WAS TOO CLOSE TO THE SETBACK.
SO I FOLLOWED THE RULES AND APPARENTLY ALL I HAVE TO DO IS BUILD IT ANYWAY, AND THEN ASK FOR A VARIANCE, ASK FOR PERMISSION AFTER THE FACT.
SO IF YOU'LL LET ME BUILD MY GREENHOUSE, I HAVE NO, NO PROBLEM.
SIR, WE'RE, WE'RE NOT HERE TO TALK ABOUT YOUR GREENHOUSE.
WE'RE HERE TO TALK ABOUT THIS.
WE'RE HERE TO TALK ABOUT SETBACKS THAT ARE, WHICH WE UNDERSTAND.
LET'S, SO IF THERE'S ANYTHING ELSE YOU'D LIKE TO ADD, I'D BE HAPPY TO HEAR IT.
BONNIE PRICE, 1259 BRAY SHORE DRIVE.
OUR HOUSE IS RIGHT BEHIND THEIR HOUSE.
AND WHEN WE MOVED INTO THE NEIGHBORHOOD, WE KNEW THAT THEY WERE COVENANTS.
I WAS ONE OF THE FIRST MEMBERS OF THE HOA BOARD.
MY HUSBAND, BILL PRICE WAS IN CHARGE OF THE A RC ARCHITECTURAL REVIEW REVIEW COMMITTEE.
I, I WAS ON AT LEAST FOR 10 YEARS.
SO I SAW THESE THINGS COME THROUGH.
AND IF IT, IF IT DIDN'T CONFORM TO THE REGULATIONS OR WHATEVER WAS SET FORTH BY THE TOWN, WE WOULD HAVE A CONVERSATION.
IT'S GONNA BE IN THE EASEMENT.
SO WE WOULDN'T HAVE TO BE HAVING MEETINGS LIKE THIS HERE TODAY.
MY UNDERSTANDING, 'CAUSE I'M NO LONGER ON THE BOARD, NOW, THE BOARD PEOPLE ARE HERE.
MY UNDERSTANDING WAS THAT IT WAS SUBMITTED FOR A PERGOLA.
WELL, WHAT I'M LOOKING AT BEHIND MY HOUSE IS VERY OBTRUSIVE.
IF I LOOK TWO DOORS DOWN TO THE JACOB PROPERTY ON THE CORNER OF GRAYSTONE TRAIL AND BRA GOOD, THEY HAVE A POOL AND THEY HAVE A PERGOLA.
VERY NICE LOOKING LITTLE PERGOLA.
IT'S PROBABLY ABOUT TWO FEET SHORTER THAN WHAT, UH, THE SALAZAR, UH, FAMILY WANTS TO PUT IN.
BUT THE SALAZAR FAMILY'S GONNA ALSO PUT IN A ROOF.
AND ONE OF THE THINGS IN THE, UH, COVENANTS IS THAT YOU CAN'T HAVE ANYTHING THAT YOU CAN SEE JUTTING OUT FROM THE BACK OF THE HOUSE, THAT YOU CAN SEE FROM THE STREET.
I GO UPSTAIRS AND I'M LOOKING, AND IT'S JUTTING OUT.
SO PEOPLE COMING DOWN THE STREET ARE GONNA BE ABLE TO SEE IT.
THEY PUT A POOL IN, THEY WANNA HAVE ALL THIS EXTRA, UM, ACCESSORIES AND AMENITIES, BUT THEY KNEW WHEN THEY BOUGHT THE HOUSE, WHAT THEY WERE DEALING WITH.
SO WHY SHOULD WE GIVE THEM, GRANT THEM APPROVAL ON A VARIANCE THAT'S GOING INTO THE EASEMENT.
BUT YET, AS GOOD CITIZENS, AS MY HUSBAND TRIED TO SAY EARLIER, THE GREENHOUSE HE WANTED TO PUT IN THE BACKYARD, BACKYARD IS WOULD'VE BEEN BEAUTIFUL.
AND IT WOULD'VE BEEN NOT LIKE ENCLOSED WITH A HUGE
[00:15:01]
ROOF.IT WOULD BE LIKE GLASS ENCLOSED.
WE HAD PEOPLE IN THE NEIGHBORHOOD WHO WOULD TRY TO DO THINGS AND THEN BEG FOR FORGIVENESS.
AND WE STOPPED PROJECTS BECAUSE IT WASN'T CONFORMED TO THE HOA AND THE CCRS.
WHY ARE THEY SPECIAL? WHY CAN'T THEY SLIM IT DOWN? DON'T PUT A ROOF, PUT A PERGOLA.
YOU CAN STILL HAVE AN OUTDOOR KITCHEN BECAUSE IF THIS HAPPENS FOR THIS FAMILY, IT'S GONNA SPREAD THROUGH THE NEIGHBORHOOD.
AND WE HAVE A VERY NICE NEIGHBORHOOD AND WE'VE WORKED HARD TO KEEP IT, KEEP THE NEIGHBORHOOD, ONE OF THE PREMIER NEIGHBORHOODS IN, UM, COLLIERVILLE.
AND I DON'T WANNA HAVE TO SIT THERE IN THE BACKYARD AND LOOK AT THIS BIG OBTRUSIVE THING.
AND THEN I'M SITTING THERE AND MY HUSBAND'S SITTING THERE, AND THEN WE'RE ANGRY BECAUSE YOU GUYS WOULDN'T LET US PUT IN A BEAUTIFUL GAZEBO.
ALRIGHT, ANY OTHER QUESTIONS FOR THE STAFF? IF NOT, MAY I HAVE A MOTION PLEASE? MOTION TO APPROVE.
SO FOR THE PEOPLE IN THE AUDIENCE, WHAT WE'RE GONNA HAVE NOW IS DISCUSSION.
THE DISCUSSION IS OPEN, SO YOU'RE ABLE TO HEAR WHAT WE DISCUSS.
UM, THIS ISN'T A TIME FOR COMMENTS, UM, IT'S JUST A TIME FOR DISCUSSION.
AFTER WE DISCUSS, WE'LL THEN PLACE, WE'LL HAVE OUR VOTE.
SO IF ANY QUESTIONS DO COME UP IN THE CONVERSATION AND WE NEED SOMEONE TO STEP FORWARD, WE'LL CALL FOR YOU.
WELL, THE FIRST THING I, I WANNA TALK, UH, POINT OUT, I, I DID FIND THE EMAIL FROM, UH, THE HOMEOWNER'S ASSOCI, UH, ASSOCIATION.
AND, UH, IT, THE DESCRIPTION OF THE PROPERTY OR THE, UH, STRUCTURE WAS GONNA BE A PERLO.
AND THEY REQUESTED, UH, STRUCTURE AND A PERLO.
I'M NOT SURE WHAT I SAW ON THE, ON THE, UH, THE PICTURES WITHIN THE PROPOSAL.
IT WAS ACTUALLY A PERGO OR GOING TO BE A PERLO.
UH, THAT'S ONE CONCERN I HAVE.
THE OTHER CONCERN, UH, THE, THE HARDSHIP, THERE WAS NO HARDSHIP IDENTIFIED.
AND, UH, ANY HARDSHIP THAT, UH, THE HOMEOWNER OR THE BUILDER IDENTIFIED IS A, A HARDSHIP THAT WAS, UH, CREATED BY THEM.
AND, UH, BASED ON THAT, I I, I'M NOT IN A POSITION TO SAY YES AT THIS POINT.
CAN WE GET A DEFINITION OF PERGOLA, WHAT EXACTLY THAT DOES MEAN? YEAH.
UM, I LOOK OVER THE INFORMATION.
MY THOUGHT IS, YOU KNOW, GIVEN APPROVAL WAS FOR A PERGOLA, I THINK IT'S, IT'S FAIR THAT A, A PERGOLA WOULD BE APPROVED MM-HMM
UM, AS LONG AS WE KNOW WHAT A PERGOLA IS.
WELL, MY CONCERN IS THAT IT'S A, IT'S A, COULD BE A, A LOOSE DEFINITION WHEN I THINK OF PERGOLA, I THINK OF THE OPEN AIR MM-HMM
SO, YEAH, IT COULD, UH, GO AHEAD.
SO ARCHWAY AND A GARDEN OR PAR CONSISTING OF FRAMEWORK COVERED WITH TRAIN CLIMBING OR TRAILING PLANTS IS THE DEFINITION.
AND LOOKING AT IT, IT LOOKS LIKE AN OPEN AIR ARBOR LOOKING AT THE PICTURES THAT GOOGLE PROVIDED.
THAT'S, THAT'S WHAT I'VE ALWAYS, UH, SEEN IT AS AS WELL.
SO I DON'T WANT TO NECESSARILY SAY THAT IT WAS DECEPTION.
I THINK IT WAS JUST CONFUSION.
UH, MAYBE AS FAR AS THE TRUE DEFINITION OF PERGOLA, UH, THERE'S NOT A HARDSHIP.
AND, UH, I, I CAN'T, BASED ON THIS, I CAN'T VOTE IN FAVOR OF A VARIANCE FOR THIS STRUCTURE.
ANY OTHER COMMENTS? ALRIGHT, I'M DONE.
CAN WE HAVE A VOTE PLEASE? COMMISSIONER FLOYD? NO.
I'LL JUST GET WITH THE TOWN ON THE NEXT STEPS.
[6.b Case #252899 - 451 Mockingbird Lane - Request Approval of a Variance to allow an addition to a single-family dwelling to encroach into the required rear yard.]
UH, CASE NUMBER 2 5 2 8 9 9 4 51 MOCKINGBIRD ONE.[00:20:01]
GOOD EVENING.THE APPLICANT MICHAEL WALKER WITH WALKER ARC, LLC, ON BEHALF OF PROPERTY OWNERS, TODD AND CINDY FE IS REQUESTING FOR A VARIANCE TO ALLOW A PROPOSED ADDITION OF A DWELLING TO ENCROACH INTO THE REQUIRED REAR YARD.
THE PROPERTY IS ZONED R ONE LOW DENSITY RESIDENTIAL AND IS SURROUNDED BY SIMILARLY ZONED RESIDENTIAL PROPERTIES.
IT IS LOCATED TO THE SOUTH, ON THE SOUTH SIDE OF MARKING BIRD LANE IN WEST OF BURROWS ROAD, AND HAS A GAM STYLE DESIGN.
TECHNICAL, THE EXISTING SINGLE FAMILY RESIDENCE WAS CONSTRUCTED IN 1957 AS A PART OF COVILLE HEIGHTS SUBDIVISION AND IS APPROX IN THE LOT IS APPROXIMATELY 3,700 SQUARE FEET.
NO MAJOR RENOVATIONS HAVE BEEN MADE SINCE THE DWELLING WAS CONSTRUCTED, AND TODD AND CINDY HAVE MAINTAINED OWNERSHIP SINCE 1995.
THE PROPERTY ALSO HAS ONE DETACHED ACCESSORY STRUCTURE.
THE APPLICANT STATES THAT THE PLANNED ADDITION WILL OCCUR BETWEEN THE PRINCIPAL STRUCTURE AND ACCESSORY STRUCTURE, EFFECTIVELY MAKING THE ACCESSORY STRUCTURE PART OF THE DWELLING.
THE PURPOSE OF THIS ADDITION IS TO CREATE A MASTER BEDROOM SUITE AND A NEW ENTRYWAY.
THE APPLICANT ALSO STATES THAT THEY'RE MAKING RE RES RENOVATIONS TO THE EXISTING CARPORT.
THE MINIMUM SETBACKS FOR THE R ONE ZONING DISTRICTS ARE SEVEN, SORRY, 40 FEET FOR THE FRONT YARD, 30 FEET FOR THE REAR YARD, AND 25 FEET FOR THE SIDE YARD WITH NEITHER SIDE LESS THAN 10 FEET.
THE CURRENT DWELLING ON THE SUBJECT PROPERTY MEETS THE REQUIRED SETBACKS FOR THE R ONE ZONING DISTRICT.
IF THE DWELLING IS CONNECTED TO THE ACCESSORY STRUCTURE, THE COMBINED STRUCTURE WOULD BE 11.5 FEET FROM THE WEST SIDE YARD SETBACK, WHICH MEETS THE ZONING ORDINANCE.
BUT THE COMBINED STRUCTURE WILL ENCROACH 11.8 FEET INTO THE REQUIRED 30 FOOT REAR YARD SETBACK, MAKING IT NON-COMPLIANT WITH THE TOWN ZONING ORDINANCE.
THE EXISTING DWELLING IS ORIENTATED ORIENTATED SO THAT THE MAIN INTEREST FACES EAST RATHER THAN NORTH TOWARDS MOCKINGBIRD LANE WITH THE HORSESHOE DRIVEWAY THAT CONNECTS DIRECTLY TO THE ACCESSORY STRUCTURE.
LIMITING PLACEMENT OPTIONS FOR THE NEW ADDITION, THE PRINCIPAL STRUCTURE NARROWLY MEETS THE REQUIRED WEST SIDE SET, WEST SIDE YARD SETBACKS.
AND THE APPLICANT STATES THAT THERE IS NO FEASIBLE WAY TO ADD THE ADDITION TO THE BACKSIDE OF THE HOUSE WITHOUT EITHER ENCROACHING DEEPER INTO THE SIDE YARD SETBACK OR BREACHING THE PROPERTY LINE TO THE NEIGHBORS TO THE WEST.
THE LOT ALSO HAS A SLOPE OF APPROXIMATELY FIVE FEET, WHICH COULD LIMIT AREAS FOR THE ADDITION ON THE NORTH OR EAST SIDE OF THE LOT.
AND THE CURRENT DWELLING, DWELLING IS PLACED ON THE FLATTEST PORTION OF THE LOT.
THERE ARE TURN ALTERNATIVE OPTIONS THAT WOULD MEET THE ZONING ORDINANCE, SUCH AS ONE IS TO ATTACH THE ADDITION TO THE NORTH OR EAST PORTION OF THE PROPERTY SINCE THE DWELLING IS ALREADY SET BACK A HUNDRED FEET.
HOWEVER, SUCH AN ADDITION MAY NOT BE COMPATIBLE WITH THE FLOOR PLAN AND THE FIVE FOOT SLOPE.
THE APPLICANT COULD, UM, MOVE OR REMOVE THE DETACHED ACCESSORY STRUCTURE TO CREATE MORE ROOM ON THE LOT FOR THE ADDITION.
BUT THE APPLICANT STATES THAT THERE ARE A NUMBER OF TREES ON THE PROPERTY THAT THEY WOULD LIKE TO PRESERVE AND MOVING THE STRUCTURE COULD POTENTIALLY REMOVE THE TREES.
OR LASTLY, THEY COULD, UM, INCREASE THE HEIGHT OF THE DWELLING FOR ADDITIONAL SPACE.
HOWEVER, ADDING A SECOND FLOOR MAY BE INCOMPATIBLE WITH THE STYLE DESIGN OF THE HOUSE.
IN THE PAST, THE BZA HAS APPROVED SIMILAR CASES FOR THIS, FOR THE ADDITION AT OTHER PROPERTIES.
ONE AT 36 0 1 SHEA ROAD FOR AN ENCROACHMENT INTO THE REQUIRED SIDE YARD SETBACK DUE TO THE IRREGULAR IRREGULAR
[00:25:01]
SHAPE IN THE PRESENCE OF A DRAINAGE WAY.AND ANOTHER AT 3 49, SHE SHELTON ROAD FOR AN ENCROACHMENT INTO THE SIDE YARD SETBACK DUE TO THE LOT'S SUBSTANDARDS WITH STAFF RECOMMENDS APPROVAL OF THE VARIANCE BECAUSE THE STANDARDS FOR THE VARI VARIANCE HAVE BEEN SATISFACTORY, SATISFACTORILY ADDRESSED.
AND THE CONDITIONS OF APPROVAL WILL LIMIT THE POTENTIAL ADVERSE IMPACTS.
THE EXAMPLE MOTION IS ON YOUR SCREEN ALONG WITH THE CONDITIONS OF APPROVAL AND THE APPLICANT'S NEXT STEPS.
CAN YOU GO BACK TO ONE SLIDE PLEASE? SO WITH THE STAFF RECOMMENDATION, WHAT ARE YOU SEEING AS THE SIGNIFICANT, UM, REASON FOR ALLOWING THE VARIANCE? WELL, IT IS, IT'S KIND OF MULTIPLE REASONS.
UM, ONE IS, UM, THE WAY THAT THE HOUSE IS ORIENTATED, UM, IS TECHNICALLY FACING, LIKE THE FRONT DOOR WOULD BE FACING EAST MM-HMM
WHICH, UM, IS, IT KIND OF LIMITS THE, LIKE, AS FAR AS THE COMPATIBILITY WITH THE FLOOR PLAN BECAUSE, UM, I'M, I'M NOT SURE WHAT EXACTLY IS ON THE, ON THE OTHER END OF THIS PROPERTY, BUT IT JUST, UM, THIS SIDE IS CLOSER TO, I BELIEVE, UM, IT IS, IT'S, IT IS CLOSER IN THE WAY WHERE THEY, WHERE THEY CAN ADD THE ADDITION.
AND THEN, UM, THE OTHER ONE IS THEY HAVE A SLOPE ON THE PROPERTY ABOUT FIVE FEET FROM THE, UM, FROM THE HOUSE TO THE STREET, WHICH KINDA CREATES, UM, IT'S KINDA DIFFICULT, UH, TO SEE ON THIS ONE.
BUT ON THE OTHER MAP YOU CAN SEE THE SLOPE, UM, WHERE IT KIND OF GOES DOWN FIVE, FIVE FEET ON THAT SIDE.
WELL, IT SLOPES DOWN ON FIVE FEET TO THAT SIDE.
AND WHERE THE HOUSE IS CURRENTLY PLACED IS THE FLATTEST PORTION OF THAT PROPERTY.
AND THEN ALSO, UM, THIS, THIS, THIS SLOT WAS, WELL, THIS HOUSE WAS CREATED, WELL, THE SUBDIVISION WAS CREATED WHEN IT WAS THE PART OF SHELBY COUNTY.
SO AT THE TIME WE DIDN'T HAVE THOSE, THE, UM, THE, I GUESS THE SETBACKS REQUIREMENT AT, AT THE TIME THAT THE DWELLING WAS BUILT.
AND THEN, UH, ALSO IF THEY ADD THE ADDITION IN ANY OTHER PLACE, IT COULD, UH, ATTACK AFFECT THE AESTHETIC, THE, I'M SORRY, THE AC ARCHITECTURE OF THE, UM, DESIGN OF THE HOUSE, WHICH IS A GABRA STYLE DESIGN.
CAN YOU GO BACK TO THE PICTURES THAT YOU WERE JUST ON THAT HAD THE ELEVATION? THANK YOU.
UM, SO THE, THE PROPERTY LINES THAT I'M SEEING HERE, ARE THOSE ACCURATE? LIKE ON YES.
SO IF THE ENTRANCE OF THE HOUSE IS TO THE EAST, THIS BACK OF THE HOUSE WOULD BE, THIS WEST SIDE WOULD BE THE WEST SIDE OF THE PROPERTY? YEAH.
AND HOW MUCH SPACE IS THERE? CURRENTLY? IT WAS 11, 11.5.
SO, SO WE'RE ALREADY KIND OF IN THAT.
AND ALL WE'RE DOING IS TAKING THE EXISTING STRUCTURES AND MERGING THEM INTO ONE.
NOT CHANGING, NOT GOING ANY FURTHER BACK OR ANYTHING? NO, SIR.
SO, BUT IF YOU CONNECT IT, IT MAKES IT ONE DWELLING.
SO, UM, THAT'S HOW THE ENCROACHMENT HAPPENS.
AND YOU SAID THAT, UH, THE COMBINATION DOES NOT EXCEED THE SU UH, ACCESSORY STRUCTURE, UH, LIMITS, RIGHT? I'M, I'M SORRY? THERE'S, YOU KNOW, THERE'S CERTAIN LIMITS ON HOW MUCH ACCESSORY STRUCTURES YOU HAVE.
YOU SAID IT WAS WITHIN WITH, 'CAUSE IT'S GOING TO BE 11.
SO IT WOULD ENCROACH 11.8 FEET INTO THE, THE, THE REAR YARD SETBACKS.
WHAT, WHAT I'M ASKING IS, WHEN YOU COMBINE THE TWO STRUCTURES, WHAT'S THE SQUARE FOOTAGE OF THAT? OH, UH, THAT MIGHT BE A QUESTION FOR THE APPLICANT APPLICANT THINKING, BUT IT WON'T BE AN ACCESSORY STRUCTURE.
YEAH, IT'S, IT WON'T WON'T, IT WOULD BE DETACHED.
IT WOULD, IT WOULD BE ATTACHED.
ALRIGHT, ANY OTHER QUESTIONS FOR THE STAFF? ALL RIGHT, ONE MORE I GUESS.
SO THERE'S BEEN THE, SO LOOKING AT THE PERSON WHO'S WEST OF THEM, THEIR BACKYARD NEIGHBOR.
I GUESS WE HAVEN'T HAD ANYTHING NEGATIVE FROM THEM.
AND THE TWO THAT WE JUST RECEIVED FROM ASHLEY, WHICH WISH AND MORGAN COX.
UM, THEY'RE ON THE SOUTH SIDE.
[00:30:01]
COXES ARE, SO THEY'RE RELATIVELY CLOSE AND THEY'RE IN FAVOR.AND ASHLEY, DO WE KNOW KIND OF WHERE SHE, SHE SAYS IMMEDIATELY SOUTH, BUT THE COXES ARE ALSO SOUTH.
SO DO WE KNOW, OR IS THAT ONE FOR THE, THERE MAY BE A QUESTION FOR THE, OKAY.
I CAN'T TELL FROM WHICH ONE'S WHICH.
ANY OTHER QUESTIONS FOR STAFF? ALRIGHT, WOULD THE APPLICANT LIKE TO COME FORWARD? PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND, UH, SAY WHAT YOU'D LIKE TO SAY AND THEN WE'LL ASK YOU A FEW QUESTIONS.
WALKER ARK ONE 20, NORTH MAINE.
UM, THE FUSE IN HIRING ME TO LOOK AT THIS.
WERE CONCERNED THAT THERE'S A COUPLE THINGS THAT FROM THE, THE STANDPOINT OF WHAT IS HARDSHIP.
AND THE BIGGEST ONE IS THAT THIS IS A GAMBLE SHAPED BUILDING THAT WAS BUILT, UH, BACK IN THE LATE FIFTIES, UH, BEFORE ANY STANDARDS WERE BUILT OUT HERE.
SO IT'S A NON-CONFORMING SITE FIRST BECAUSE OF THE TIGHTNESS.
AND YOU CAN SEE ON THE SITE PLAN HOW TIGHT IT IS INTO THAT, UH, SOUTHWEST CORNER.
SO WITH THE GA AND IF YOU, IF YOU'RE NOT FAMILIAR WITH THE GA, IF YOU LOOK AT THE RED BRICK PORTION, THAT PROBABLY DIS DISPLAYS YOU.
BUT THAT'S YOUR STANDARD KIND OF BARN WITH TWO ANGLED PIECES OF A ROOF STRUCTURE.
NOW THEY DO HAVE A SECOND FLOOR ON THE MAIN STRUCTURE, SO THEY'VE MAXED OUT THAT BUILDING.
BUT THE, THE TOUGH PART ABOUT THE ARCHITECTURE, JUST HOW DO YOU ATTACH ONTO THIS THING AND KEEP THAT ROOF LINE INTACT AND MAKE IT LOOK LIKE IT'S BEEN THERE ORIGINALLY, AS OPPOSED TO HAVING A NEW KINDA SHAPE OR SOMETHING PUT ONTO IT.
SO WE LOOKED AT VARIOUS OPTIONS AND WE THOUGHT THE BEST THING TO DO, UM, FOR THE SAKE OF THE, THE HISTORIC ASPECT OF THE BUILDING WAS JUST TO CONNECT THE TWO STRUCTURES IF WE COULD.
UM, IT MAKES A NICE CLEAN ADDITION PLUS TO, TO THE IMMEDIATE EAST OF THE, UH, OF THE HOUSE.
THERE'S SOME MAJOR SIZED TREES RIGHT THERE.
AND WE KNOW THAT IF WE GO OUT TOWARDS THE EAST, WE'RE GONNA GET INTO THAT TREE CANOPY.
WE'RE NOT GONNA GET TO THE TRUNK, BUT WE'RE CERTAINLY GONNA GET TO THE CANOPY.
AND IF WE CUT INTO THAT ROOT SYSTEM UNDERNEATH THAT, THAT'S GONNA DESTROY THAT TREE.
SO IT SEEMED MOST LOGICAL JUST TO ATTACH THE TWO IF WE COULD.
SO, UM, SO THOSE ARE THE, THE TWO REAL HARDSHIPS OF, OF THE PIECE.
UM, I'VE ALREADY CHECKED WITH TODD AND WE DON'T HAVE TO, UH, BY DOING THIS, UM, WE DON'T HAVE TO INCREASE ANY, UH, UH, SPRINKLER SYSTEM FOR, UH, FIRE REGULATIONS OR ANYTHING LIKE THAT.
SO, UM, THAT'S WHERE WE STAND WITH IT.
AND SO WE APPRECIATE EVERYBODY WITH HIS TIME, BUT HAPPY TO ANSWER ANY QUESTIONS.
SO, OUT OF CURIOSITY, WITH THAT ROOF SHAPE, HOW ARE YOU GONNA CONNECT IT? PROBABLY DO ANOTHER GAMBLE, EITHER COMING OFF THE, THE MAIN OR DO ANOTHER.
SO, SO IT'S ALMOST LIKE WE HAVE THREE GAMBLES IN A ROW.
AND THEN THE ROOFS CAN CONNECT IN A, IN A VERY LARGE SADDLE, WHICH IS THE, THE SPACE IN BETWEEN DIFFERENT BUILDINGS.
SO WE'LL BE ABLE TO KINDA HAVE THIS 1, 2, 3 EFFECT, IF YOU WILL.
UM, YOU KNOW, THERE'S, WE HAVEN'T GOTTEN TOO FAR INTO IT YET BECAUSE WE, WE WEREN'T SURE IF WE WERE GONNA GET THIS OR NOT.
BUT THAT SEEMS TO BE THE MOST LOGICAL WAY TO DO THIS AND, AND KEEP THE INTEGRITY OF THE HOUSE LOOKING AS IT SHOULD.
SO AND SO FOR THE, THE NEIGHBORS TO THE SOUTH AND AND TO THE WEST AS FAR AS, YEAH, I MEAN THERE, THERE'S A LOT OF DISTANCE BETWEEN THE HOMES MM-HMM
UM, IT REALLY IS NOT GOING TO CHANGE ANYTHING FOR THEM AS FAR AS WHAT THEY'RE SEEING IN THEIR BACKYARD.
'CAUSE WE'RE STAYING OFF THAT, THAT FLOW LINE.
THAT WAS THE OTHER THING THAT IF WE CAME OUT PERPENDICULAR TO THE EAST THERE, NOW WE'RE CREATING A BUFFER THAT POSSIBLY IS A POSSIBLE WATER CONTAMINATION INTO THE NEW STRUCTURE.
SO THIS WAY IT KEEPS EVERYTHING FLOWING IN ITS NATURAL, UH, FLOW LINE TO THE BACK OF THE PROPERTY.
LOOKING AT THIS PICTURE HERE MM-HMM
CAN YOU TELL US WHERE MS. WISH AND MR. COX LIFT, I BELIEVE AND TODD TO CINDY? FEW ARE HERE.
UM, BUT I BELIEVE, UH, THAT'S ASHLEY, RIGHT? ASHLEY? THAT'S ASHLEY THERE.
AND THEN THIS IS MORGAN, OTHER MORGAN GUYS TO THE LEFT, TO THIS SIDE.
SO FROM A VISIBILITY PERSPECTIVE FROM THAT SIDE, WE'LL DO IT.
SO FROM A VISIBILITY PERSPECTIVE, LOOKING NORTH FROM THE COX PROPERTY MM-HMM
THE SITE PLANE DOESN'T CHANGE.
THIS MERELY BLENDS TWO BUILDINGS, WHICH YOU'RE NOT EVEN GONNA BE ABLE TO TELL.
YOU WON'T, YOU WON'T NOTICE IT.
UM, YOU KNOW, GRANTED THE, THE EXISTING ACCESSORY BUILDING RIGHT NOW IS NOT AS TALL AS THE MAIN RESIDENCE, BUT IT'S
[00:35:01]
FROM THIS VIEW KIND OF LOOKING UP, YOU'RE NOT GONNA SEE REALLY ANYTHING MORE OR LESS OF WHAT YOU SEE RIGHT NOW, JUST 'CAUSE THE GRAY DIFFERENCE IN, IN YOUR VIEW LINE.SO, SO IF, YOU KNOW, IF YOU SEE SOMETHING YOU'RE GONNA GO, YOU KNOW, HAS, HAS THAT ALWAYS BEEN THERE, IT'S NOT GONNA BE SOMETHING THAT STICKS OUT IN FRONT OF YOU.
SO THE, THE ROOF LINE OF THE NEW CERTAINLY WILL NOT BE AS TALL AS EVEN THE EXISTING ONE THAT'S THERE.
ANY OTHER QUESTIONS FOR ME? YEP.
ANYONE ELSE? ALL RIGHT, WELL, LET'S MAKE A MOTION AND MOTION TO APPROVE AS WRITTEN.
I AGREE WITH, UH, THE DISCUSSION PREVIOUSLY SAYING THAT IT'S NOT REALLY GOING TO CHANGE ANYTHING, UH, BY ADDING AN ADDITION.
UH, AND ALSO, UH, AESTHETICALLY, IT'S, IT'S NO DIFFERENT.
I MEAN, IT'S NOT GONNA BE A EYESORE.
IT'S NOT CAUSING, UH, PROBLEMS TO THE COMMUNITY.
LOOKS TO ME LIKE THERE'S MULTIPLE HARDSHIPS MM-HMM
UM, AND IT'S A TOUGH PROJECT
SO I, I THINK A LOT OF THOUGHTS GOING INTO IT AND I'M IN FAVOR.
I THINK THERE'S A BETTER ALTERNATIVE.
ALRIGHT, CAN WE HAVE A VOTE PLEASE? COMMISSIONER FLOYD? YES.
[7 Announcements]
SO FAR? YEAH.NO ITEMS YET FOR THE DECEMBER MEETING, BUT THERE'S TWO POSSIBLE, THEY HAVEN'T SUBMITTED APPLICATIONS, BUT WE HAVE BEEN IN COMMUNICATION WITH, UH, TWO POSSIBLE VARIANCES, MAYBE ONE FOR A SIGN AND ONE FOR AN ACCESSORY STRUCTURE.
UM, NO ITEMS JUST YET FOR THE JANUARY BCA AS WELL.
UM, STATE REQUIRED TRAINING, YOU'LL GET A EMAIL, WELL, ANGELA SENT IT TODAY, ACTUALLY NOT ON THE EIGHTH.
UM, IT'S ABOUT ONLINE TRAINING SESSIONS.
SO FOUR HOURS IS REQUIRED BY STATE LAW AND IT NEEDS TO BE DONE BY DECEMBER 31ST.
AND THEN ALSO THE DEADLINE TO REAPPLY FOR THE BZA WAS TO TODAY AT 5:00 PM AND THE B MAY MAKE DECISION ON THAT ON THE EIGHTH.
AND THAT CONCLUDES MY ANNOUNCEMENTS.
I, I'LL GET MY TRAINING IN BEFORE 1231, I PROMISE.
AND SHE, SHE SENT WHOLE EMAIL LINKS.
THAT WOULDN'T BE GOOD IF THEY MAKE A DECISION ON 12 EIGHT, BUT THEN BY 1231 YOU DON'T HAVE YOUR FOUR HOURS
HAVE A GREAT THANKSGIVING MEETING.