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[00:00:04]

GO AHEAD AND CALL THE MEETING

[1 Call to order]

TO ORDER.

START WITH THE ROLL CALL PLEASE.

COMMISSIONER FRAZIER.

HERE.

COMMISSIONER HEADS BETH? HERE.

COMMISSIONER WILLIAMS? HERE.

COMMISSIONER FLOYD? HERE.

CHAIRMAN TRO HERE.

ALRIGHT.

AND MAY I HAVE A MOTION

[3 Approval of Minutes]

FOR APPROVAL OF THE MINUTES FROM JANUARY, PLEASE? I'LL MAKE A MOTION.

SECOND.

ALRIGHT, THAT, HMM.

I READY FOR THIS.

OKAY.

UH, COMMISSIONER FRAZIER ABSTAIN.

COMMISSIONER WILLIAMS? YES.

COMMISSIONER FLOYD? YES.

COMMISSIONER HEZ BETH? YES.

AND CHAIRMAN RELL? YES.

ALRIGHT.

AND LET'S HAVE A MOTION FOR TONIGHT'S

[4 Approval of Agenda (additions/deletions)]

AGENDA.

I MOVE TO ACCEPT THE AMENDMENT, UH, AGENDA AS PRESENTED.

SECOND.

YEAH, JUST GO AHEAD AND USE THAT ONE AGAIN.

UH, COMMISSIONER FRAZIER? YES.

COMMISSIONER WILLIAMS? YES.

COMMISSIONER FLOYD? YES.

COMMISSIONER HUDSPETH? YES.

AND CHAIRMAN ELECTRA? YES.

ALRIGHT, WELL THE NEXT UH, ITEM WE HAVE ARE CITIZEN COMMENTS.

SO THIS ARE ANY CITIZENS NOT REGARDING THE CASE WOULD LIKE TO COMMENT AND I THINK WE ONLY HAVE ONE PERSON HERE, SO WE WILL GO AHEAD AND MOVE

[6.a Case #260205 – 369 West Poplar Avenue – Request approval of a Variance to allow a six (6) foot fence in the front yard.]

ON TO THE FORMAL AGENDA.

CASE NUMBER 2 6 0 2 0 5 360 9 WEST POPLAR AVENUE.

GOOD EVENING.

THE APPLICANT SP THE APPLICANT SPIRIT ARCHITECTURE LLC ON BEHALF OF PROPERTY OWNER JANET GREEN IS REQUESTING FOR A VARIANCE TO ALLOW A FENCE TALLER THAN 48 INCHES TO BE LOCATED IN THE FRONT YARD AT 360 9 WEST POPULAR AVENUE.

THE 1.2 ACRE SUBJECT PROPERTY IS ZONED R ONE LOW DENSITY RESIDENTIAL SURROUNDED BY OUR OTHER ARM ONE PROPERTIES AND IS WITHIN THE LOCAL HISTORIC OVERLAY.

THE SUBJECT PROPERTY WAS BUILT IN 1934 AND IS NOT WITHIN THE NATIONAL REGISTERED DISTRICT OR INDIVIDUALLY LISTED ON THE NATIONAL REGISTER, BUT IS ELIGIBLE PER THE HISTORIC TOWN'S HISTORIC ARCHITECTURAL SURVEY.

THE SUBJECT PROPERTY HAS HAD SEVERAL ALTERATIONS OVER TIME AND THE CURRENT PROPERTY OWNER PURCHASED THE PROPERTY IN 2022.

THE HDC CONDITIONALLY APPROVED SEVERAL CERTIFICATES OF APPROPRIATENESS FOR THE PROPERTY WITHIN, WITH THE MOST RECENT BEING FOR AN ACCESSORY STRUCTURE AND EXTERIOR ALTERATIONS.

IN JANUARY OF THIS YEAR, THE APPLICANT IS PROPOSING A SIX FOOT WR ARM FENCE WITH A MASONRY BASE.

THE APPLICANT STATES THAT THE FENCE WILL PROVIDE SECURITY FOR THE GARDEN AREA AND WITH REDUCING NOISE FROM POPULAR AVENUE, IT WILL BE LOCATED ON THE SIDE OF THE PROPERTY EXTENDING ABOUT 30 FEET FROM THE FRONT FACADE AND 64 FEET FROM THE CURB ON WEST POPLAR AVENUE.

THE FENCED AREA WILL BE APPROXIMATELY 24 FEET WIDE AND WILL INCLUDE A GATE FOR VISUAL AND PEDESTRIAN ACCESS TO THE SIDE GARDEN.

THE NORTH PORTION WILL HAVE A STONE BASE MEASURING 48 INCHES AT THE CENTER AND STEPPING DOWN TO A MAXIMUM OF 32 INCHES ON EACH SIDE.

THE FENCE WILL BE PLACED BEHIND THE TWO EXISTING OAK TREES, LIMITING VISIBILITY FROM WEST POPULAR AVENUE AND THE PUBLIC RIGHT OF WAY.

IT WILL ALSO CONNECT TO THE EXISTING FENCE ON THE NEIGHBOR'S PROPERTY TO THE WEST.

THE ZONING ORDINANCE AND THE HDC GUIDELINES PRESCRIBE A MAXIMUM FENCE HEIGHT BASED ON THE FENCE RELATIONSHIP TO THE PRINCIPAL STRUCTURE, WHICH IN THIS CASE IS THE DWELLING PER THE ZONING ORDINANCE.

NO FENCE IN THE FRONT YARD SHALL EXCEED 48 INCHES IN HEIGHT.

AND PER THE HISTORIC DISTRICT GUIDELINES, FRONT YARD FENCES MAY NOT EXCEED 42 INCHES IN HEIGHT UNLESS

[00:05:01]

APPROVED BY THE HDC WITH THE MAXIMUM HEIGHT OF 48 INCHES.

AT THE HDC MEETING IN JANUARY OF THIS YEAR, THE HDC FOUND THAT A SIX FOOT FENCE IN THE FRONT YARD OF THIS DESIGN AND LIMITED EXTENT WOULD BE APPROPRIATE PENDING THE APPROVAL OF THIS BOARD.

THE ZONING ORDINANCE ALSO LIMITS THE OPACITY OF A FENCE BASED ON THE LOCATION WITHIN A YARD TO PRESENT TO PREVENT A STOCKADE APPEARANCE FOR FRONT YARD FENCES.

THE BODY OF THE FENCE MAY HAVE A MAXIMUM OPACITY OF 75%.

OPACITY IS THE DEGREE OF OPENNESS OF WHICH THE LIGHT OR VIEWS ARE BLOCKED.

MEASURE PERPENDICULAR TO THE FENCE SECTIONS TO EACH FENCE SECTION BETWEEN SUPPORTS.

PICKET STYLE FENCES OFTEN HAVE AN OPACITY OF 75% OR LESS.

OPACITY LIMITATIONS ARE MEANT TO MAINTAIN AN OPEN SPACE APPEARANCE ALONG PUBLIC STREETS AND PREVENT CRIME AND THE PROPOSED ORNAMENTAL FENCE WILL BE LESS THAN THAT OF 75% OPAQUE.

THE PROPOSED FENCE WILL PAR WILL BE PARTIALLY VISIBLE FROM WEST POPLAR AVENUE.

THE HOUSE IS SITUATED ON THE, ON AN ELEVATED TOPOGRAPHY WITH THE GRAY CHANGE OF MORE THAN 10 FEET ABOVE WEST AVENUE.

THE FENCE WILL BE SCREENED BY EXISTING TREES, SHRUBS, AND NEW LANDSCAPING.

EVERGREEN LANDSCAPING, WHICH WILL MATURE TO A HEIGHT OF APPROXIMATELY 25 15 TO 25 FEET.

MOST R ONE LOTS DO NOT HAVE SIGNIFICANT TOPOGRAPHICAL RESTRICTIONS AND LARGE LOT WIDTHS WITH OFFSET HOUSE PLACEMENTS.

STAFF CONDUCTED A STUDY IN 2021 AND FOUND THAT LOTS ALONG THE SOUTH SIDE OF POPULAR AVENUE AND THE LOCAL HISTORIC OVERLAY HAVE AN AVERAGE LOT WIDTH OF APPROXIMATELY 176 FEET, WHICH IS ATYPICAL FOR PROPERTIES IN THE R ONE ZONING DISTRICT WHERE THE MINIMUM LOT WIDTH IS A HUNDRED FEET.

THE SUBJECT PROPERTY IS APPROXIMATELY 228 FOOT WIDE WITH THE HOUSE SET BACK 136 FEET FROM THE EAST PROPERTY LINE, BUT ONLY 24 FEET FROM THE WEST PROPERTY LINE.

THE EXISTING DWELLING IS LOCATED ON THE HIGHEST AND FLATTEST PART OF THE PROPERTY, WHICH IS ALSO THE, IN THE SOUTHWEST PORTION OF THE PROPERTY, LEAVING MAJORITY OF THE LAWN AREA EXPOSED FROM WEST POPULAR AVENUE SIGNIFICANTLY REDUCED IN PRIVACY.

THE LOTS A TY THE LOT IS ATYPICALLY WIDE FOR THE HISTORIC OVERLAY DISTRICT AND THE FRONT AND EAST SIDE.

SETBACKS FOR THE DWELLING ARE UNUSUALLY LARGE.

THERE ARE THREE ALTERNATIVE OPTIONS TO THE PROPOSED PLACEMENT OF THE SIX FOOT FENCE.

THE FIRST OPTION IS THEY COULD MOVE THE PROPOSED FENCE BACKWARDS SO THAT IT'S FLUSH WITH THE FRONT FACING OF THE HOME.

HOWEVER, IT COULD AFFECT THE ROOTS AND OF THE MATURE TREES AND THE APPLICANT WISHES THAT, THAT THE APPLICANT WISHES TO PRESERVE AND THE DESIGN WOULDN'T PROVIDE EFFECTIVE SCREENING OF STORAGE AND GARDEN AREA, WHICH COULD BE EXPOSED BY THE NEW FENCE WITH ITS PERCENTAGE OF OPACITY.

THE SECOND OPTION HIGHLIGHTED IN BLUE, THE APPLICANT COULD ENCLOSE THE SOUTHEAST PORTION OF THE PROPERTY WITH FENCING.

HOWEVER, DOING SO WOULD OBSTRUCT THE DRIVEWAY AND ELIMINATE ACCESS TO THE GARAGES RENDERING.

THE AIR UNU AREA UNUSABLE.

THE THIRD OPTION HIGHLIGHTED IN YELLOW EVERGREEN TREES COULD BE USED FOR SCREENING AND PRIVACY WITH THE MASONRY AND METAL BASE.

RE, RE REDESIGNED TO NOT EXCEED 48 INCHES IN HEIGHT IN THE FRONT YARD.

STAFF RECOMMENDS APPROVAL FOR THE VARIANCE TO PERMIT A SIX FOOT FENCE IN THE FRONT YARD BASED ON THE FINDINGS IN EXHIBIT FOUR, WHICH DEMONSTRATE A SIGNIFICANT HARD STRIP SHIP CREATED BY THE IRREGULAR LOT AND BUILDING CONFI

[00:10:01]

CONFIGURATIONS.

SUBJECT TO THE CONDITIONS OUTLINED IN EXHIBIT TWO.

THE PROPOSED MOTION IS ON YOUR SCREEN ALONG WITH THE CONDITIONS OF APPROVAL AND THE APPLICANT'S NEXT STEPS.

THE APPLICANT AGREES WITH THE CONDITIONS OF APPROVAL, THIS END STAFF PRESENTATION AND I'M AVAILABLE FOR ANY QUESTIONS.

YES.

QUESTIONS FOR STAFF PLEASE.

ONE OF THE QUESTIONS WAS THE, ONE OF THE OPTIONS WAS NOT AVAILABLE BECAUSE THE FENCE WENT WHERE THEY WOULD, IT WOULD AFFECT THE ROOTS OF THE TREE.

YES.

SINCE THEY'RE GOING THE PICTURE RIGHT HERE WHERE THE RED AND GREEN, IS THAT THE TREE IN FRONT OF IT OR IS WHICH TREE ARE THEY TALKING ABOUT? BECAUSE IT YES, THE TREE IS DIRECTLY IN FRONT OF IT AND I ALSO HAVE BACKUP PICTURES WHICH SHOW THIS TREE HERE AND THEY'RE GONNA GO WITH A MASONRY BASE, WHICH I BELIEVE MAKES FENCE HEAVIER THAN THE DESIGN THAT THEY HAVE NOW.

OKAY.

BUT THEY'RE SAYING IF THEY PUT THE MASONARY FENCE WHERE THAT WOODEN FENCE IS RIGHT NOW, IT WOULD AFFECT ONE OF THE TREES.

YEAH.

THIS FENCE THERE.

OKAY.

SHEILA, WOULD YOU MIND GOING BACK OVER TO THE THIRD OPTION? OKAY.

COULD YOU OH YEAH, SORRY.

AGAIN.

, BASICALLY THEY WOULD, THEY COULD KEEP THE SAME DESIGN BUT THEY WOULD MAKE IT 48 INCHES IN HEIGHT, LIKE TOTAL, NOT SIX FEET, SIX FEET TALL.

SO, UM, USE THE SAME DESIGN BUT JUST MAKE IT 48 INCHES.

AND, UM, THEY COULD USE THE EVERGREEN TREES THAT SHE'S PROPOSING IN THE LANDSCAPE PLAN HERE TO, UH, REDUCE NOISE, VISIBILITY AND ALSO CREATE SOME TYPE OF SCREENING.

OKAY.

I, I'M WITH YOU NOW.

THANK YOU.

DOES THE PROPERTY HAVE A SIMILAR FENCE EXISTING OR IS THIS A NEW DESIGN? THIS WOULD BE A NEW DESIGN.

FRONT OR BACK? NO, THERE'S NO FENCE IN THE FRONT.

I MEAN IN THE BACK.

SORRY.

OKAY.

THEY, YEAH, IT, IT CONNECTS WITH THE NEIGHBOR'S FENCE IS THE FENCE THAT IT'S CONNECTING TO.

SIMILAR WOODEN, THE, THE, THE FENCE THAT THE NEIGHBORS HAVE IS THIS, I WONDER, DID I INCLUDE, OH SORRY, I DIDN'T INCLUDE IN PICTURE, SORRY.

BUT THEY, THEY HAVE A, UM, HOW WOULD I EXPLAIN IT? UM, LIKE A THREE TIER, HOW DO YOU EXPLAIN THAT FENCE? IT.

SO CHAIN LINK? NO, IT'S NOT A CHAIN LINK.

IT'S UM, SCOTT PROBABLY KNOWS WHEN HE COMES UP ADDRESS.

WOULD YOU KNOW THE WHAT, THE NEIGHBOR'S FENCE? YEAH.

HOLD ON JUST A SECOND.

WE'LL GET TO YOU MAYBE THE APPLICANT.

HOLD ON JUST A SECOND.

WE GOTTA FINISH HERE.

THAT I'LL CONTINUE.

SO, YEAH.

ALRIGHT, ANY OTHER QUESTIONS FOR STAFF? UH, PENDING APPROVAL, IS THERE ANY CONDITION IN PLACE THAT THE LANDSCAPE HAS TO BE MAINTAINED? NO, BUT I BELIEVE WE COULD ADD THAT CONDITION.

WE COULD.

SO THAT'S A CONDITION WE CAN ADD.

UM, WHEN WE GET TO THE EXAMPLE MOTION, IF YOU LIKE TO, UH, SUGGEST ADDITIONAL LANDSCAPING, YOU CAN DO THAT.

ARE YOU SAYING SIMILAR TO NUMBER THREE OR JUST IT'S COVERED? YOU KNOW, I MEAN I THINK IT COULD BE A BARE WALL, BUT OBVIOUSLY IF THEY'RE GONNA LANDSCAPE IT ON THE FRONT END, DOES THAT HAVE TO BE MAINTAINED IN PERPETUITY? UM, TO PROVIDE THE SCREEN? YEAH, I, I WOULD SAY THE SAME FOR THE, THE EXISTING TREES.

LIKE IF, IF THIS COMES UP AND SUDDENLY THE TREE COMES DOWN, IT'S WHAT'S THE REPERCUSSION OF THAT, BUT GOTCHA.

I MEAN FOR THE TOWN OF COLLIERVILLE, THAT'S A, THAT'S A D STRIP, YOU KNOW? MM-HMM .

YOU'VE SEEN IT A LOT RECENTLY WITH SOME OF THE FREEZES, UM, TREES DYING THAT DON'T GET REPLACED AND THEN YOU HAVE, YOU KNOW, A MISSING FRONT TOOTH IN A LOT OF LANDSCAPE SCENES.

SO ANY MORE QUESTIONS FOR THE STAFF? ALRIGHT SIR, COME ON FORWARD.

STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE.

AND THEN SAY WHAT YOU'D LIKE TO SAY AND THEN WE'LL ASK YOU SOME QUESTIONS.

OKAY.

MY NAME IS SCOTT ROSKI.

I'M WITH SPIRIT ARCHITECTURE AND THE ADDRESS IS 1 0 8 EAST MULBERRY COLLEYVILLE, TENNESSEE.

UM, STAFF DID A NICE JOB OF PRESENTING THIS.

I JUST HAVE A COUPLE OF THINGS DON'T NEED, TRY NOT TO KEEP EVERYBODY TONIGHT.

UM, PROBABLY THE BIGGEST THINGS AND REASONS I FEEL THAT IT'S APPROPRIATE FOR THIS VARIANCE IS THE HDC HAS ALREADY APPROVED THE LOCATION OF THE, OF THE FENCE, THE MATERIAL FOR THE FENCE.

IT'S JUST A CASE OF HEIGHT.

AND WHAT THE CLIENT IS TRYING TO DO IS DRAW SOME ATTENTION TO THAT ENTRANCE BECAUSE WITH THIS PROPERTY,

[00:15:01]

AS YOU APPROACH OFF THE DRIVEWAY, IT'S REALLY, SHE'S CREATING A COMPLETE FRONT SIDEWALK THAT LEADS PEOPLE TO HER FRONT DOOR.

SHE SAYS SHE'S GOT A HARD TIME GETTING PEOPLE THERE AND THAT SIDE YARD IS THAT GAR SIDE GARDEN IS ONE OF HER ENTERTAINMENT KIND OF AREAS.

SO SHE'S EXTENDING IT OUT SO PEOPLE CAN SEE THAT AND HAVE A GATE ON IT AND, AND BRING THEM INTO HER SIDE YARD.

UM, THE OTHER THING IS THE STATEMENT FROM THE ZONING THAT THE FRONT YARD IS DEFINED BY THE AREA BETWEEN THE FRONT OF THE BUILDING AND THE STREET.

WE ARE, EVERYTHING THAT SHE WANTS TO DO IS IN THAT SIDE YARD.

IT'S NOT, YOU KNOW, IT'S TECHNICALLY IN THAT FRONT.

THE OTHER ONE IS, IS SHE'S ONLY IMPACTING ABOUT 3% OF HER FRONT YARD.

SO I'M ALWAYS CONCERNED ABOUT SETTING SOME KIND OF PRECEDENCE THAT YOU'LL HAVE TO LIVE, LIVE WITH LATER.

IF, IF EVERYBODY MEETS THESE PRECEDENTS BEING APPROVED BY THE HDC WITH THIS MINIMAL AMOUNT OF FENCING AND THIS TYPE OF UNIQUE PROPERTY, I DON'T SEE YOU'RE GONNA SEE A RASH OF PEOPLE TRYING TO DO ANYTHING IN THE FRONT YARD.

UM, AND WITH THAT, I'LL JUST TAKE QUESTIONS.

THE, UH, THE BASE OF THE FENCE VERSUS THE ORNAMENTAL PART OF IT, WHAT ARE THE TWO HEIGHTS OF THIS ALONG THE EAST SIDE? YEAH, THE LONGEST SIDE OF IT, IT'S GONNA BE 100% OPEN WROUGHT IRON.

OKAY.

WITH THE GATE AS IT COMES AROUND THEN.

'CAUSE SHE'S TRYING TO PROVIDE SOME SOUND BARRIER BETWEEN POPLAR, IT'S GONNA START OUT AT 28 INCHES AND COME UP AS HIGH AS 48 IN THE MIDDLE AND IT'LL BE A TRISECTION.

SO IT'LL STEP UP AND THEN IT'LL STEP BACK DOWN AND THAT WAY IT'LL HELP AND SHE'LL HAVE PLANTINGS IN FRONT OF THAT.

AND THEN SHE'S GOT THE FIVE TREES.

SHE'S PLANTING A PLANT AROUND THAT.

THE ONE TREE THAT'S IN THE, THAT WILL BE WITHIN THE FENCE AREA, THAT WILL BE THE LOCATION THAT SHE'S BEEN AN ARBITER TO TURN TO THAT, THAT, THAT FENCE, THAT FENCE, THAT TREE IS NOT SUSTAINABLE.

IT, IT'S ON ITS LAST LEG.

AND SO THAT'LL COME DOWN AND THAT'S WHERE SHE WANTS TO PUT A WATER FEATURE.

SO AS YOU COME UP KIND OF LIKE, UM, CHARLESTON AREA, WHEN YOU, YOU COME UP, SHE'S GONNA HAVE THE, YOU KNOW, THE WROUGHT IRON YOU CAN SEE THROUGH THE WROUGHT IRON AND YOU CAN SEE THE WATER FEATURE.

BUT IT'S, AGAIN, IT'S A DRAW FOR PEOPLE TO, TO HELP ENCOURAGE THEM TO COME THAT WAY ON THE PROPERTY.

GOTCHA.

ONE QUESTION YOU SAID THE TREES COMING DOWN, BUT I THOUGHT THERE, ONE OF THE REASONS WHY THEY SAID THEY NEEDED TO PUT THE FENCE WHERE IT WAS IS BECAUSE THE TREE WAS THERE.

THAT WAS NOT ONE OF THE THINGS IN OUR PRESENTATION.

OKAY.

I, THAT THAT JUST WASN'T, YOU KNOW, JUST LIKE THE OPTIONS.

WE DID NOT PROVIDE OPTIONS.

OKAY, GOTCHA.

THOSE ARE THINGS THAT THE, THE, THE ZONING WILL ALLOW US TO DO.

AND, AND YOU KNOW, BUT SHE, I MEAN SHE CAN PUT THE FENCE THERE.

I MEAN, IT'S ALREADY APPROVED.

SHE'S GOT A CERTIFICATE OF APPROPRIATENESS FROM THE HDC.

IT'S JUST A CASE.

CAN WE GET A, SHE'S GOT TWO DOGS AND THE OTHER SIDE OF THAT IS SHE'S A, YOU KNOW, SINGLE HOMEOWNER AND SHE'D LIKE TO HAVE THE HEIGHT FOR SECURITY.

SO THE CURRENT FENCE, CAN YOU GO TO THAT PICTURE? SO THAT'S SIX FOOT, THAT TREE THAT WAS CIRCLED IN RED WILL NOT BE THERE.

YEAH.

BUT THAT FENCE CURRENTLY IS A SIX FOOT WOOD FENCE, CORRECT? YES.

THAT'S SIX FEET.

AND THE STONE WALL THAT'S ADJACENT TO IT, OR IN ALMOST IN LINE WITH IT, YOU KNOW, IT'S FOUR FOOT EIGHT.

OKAY.

AND THIS ADJOINS THE NEIGHBOR'S FENCE TO THE WEST.

THE, THE NEIGHBOR'S FENCE TO THE WEST IS, UM, IT'S A WIRE FENCE.

OKAY.

AND HOW TALL IS THAT? I DO NOT KNOW, BUT IT'S, IT'S, IT'S ALL IN PRIVATE.

I MEAN, YOU, YOU CAN'T WALK THROUGH IT.

SO THE NATURAL, UM, VEGETATION IS CREATING A BARRIER, CREATES A BARRIER ALONG THAT WAY.

IF THERE WAS ANY GAP IN OR ANY PROBLEMS IN IT, SHE WOULD EXTEND THE WROUGHT IRON FENCE ALONG THAT LINE TO PROTECT HERSELF.

SHE, THE, THE WROUGHT IRON FENCE THAT SHE'S GETTING ALL THE THINGS SHE'S, UH, SHE'S INTO ALL THE ANTIQUE, UH, YOU KNOW, RESTORATION MATERIALS, ARCHITECTURALLY.

AND SO THAT'S WHAT WILL BE GOING, SHE'LL BE, SHE'LL FIND THAT TO GO IN AND INSTALL IN THIS.

[00:20:03]

CAN WE BACK UP FOR JUST A SECOND? I JUST WANNA MAKE SURE SHEILA OR DONTA FOR THE PURVIEW OF THIS BOARD, THE VARIANCE IS ONLY FOR HEIGHTS? YES.

NOT, NOT THE PLACEMENT OF THE FENCE.

NOT ANYTHING WITH THE FENCE.

YES.

WELL, THE, THE, IT DOES, SO YOU'RE, THE ISSUE IS THE HEIGHT BECAUSE IT'S IN THE FRONT? WELL, IT'S IN, IT'S, UH, IN FRONT OF THE FRONT OF THE HOUSE.

OKAY.

SO IT, IT IS HEIGHT AND PLACEMENT REALLY.

SO IF IT WENT STRAIGHT ACROSS THE CODE WOULD BE SIX FOOT? YEAH.

IF IT WAS FLAT WITH THE HOUSE LIKE IT IS NOW, SIX FEET WOULD BE OKAY.

I WILL SAY THE HDC IS ALREADY APPROVED.

THEY'RE OKAY WITH THE LOCATION FOR VZA APPROVAL ON THE HEIGHT.

YEAH.

BUT THE, THE HT C IS THE ONE THAT APPROVES LOCATION.

MM-HMM .

RIGHT.

BUT THEY CAN'T, THEY RECOMMENDED THAT THE SIX FOOT BE ACCEPTED, BUT THEY CAN'T.

THAT'S UP TO YOU, TO YOU ALL.

ANY OTHER QUESTIONS FOR THE APPLICANT? OH, I WOULD JUST ONE OTHER THING.

SURE.

IT IS THE, THE, ALL OF THIS IS BEHIND THE 40 FOOT SETBACK FOR THE FRONT OF THE HOUSE.

THE HOUSE IS JUST SO FAR BACK FROM THE STREET THAT IT'S, YOU KNOW, IT DOESN'T IMPEDE IT.

SO AGAIN, BACK TO THE PRECEDENT KIND OF THING.

AND I THINK I SAW ON THE TOPOGRAPHY THAT THERE'S LIKE SIX FEET OF FALL FROM THE FRONT OF THE HOUSE TO THE RIGHT OF WAY ON POPLAR.

YEAH.

AT LEAST.

OKAY.

SO PEOPLE SITTING IN THE CAR, NO THEY'RE NOT.

THEY'RE GONNA, THEY'RE GONNA LOOK AT HER GRASS, CORRECT.

AND THE AND THE, UH, ELK.

THE ELK.

THAT'S RIGHT.

ALL RIGHT.

THANK YOU SIR.

THANK YOU.

I'VE, ONE MORE QUESTION.

I KNOW ONE OF THE, I KNOW Y'ALL DIDN'T DO THE OTHER PLANS, BUT ONE OF THE PLANS WAS TO HAVE THE SAME LOCATION, BUT IT'D BE A FOUR FOOT, UH, INSTEAD OF A SIX FOOT.

UH, DOES THE APPLICANT HAVE ANY CONCERNS WITH THAT? WHERE'S, WHERE'S THAT AT? OPTION THREE, RIGHT HERE IT WAS, I THINK OPTION THREE WAS BASICALLY TO, TO SURROUND IT WITH VEGETATION.

BUT IT WAS TO DO A 48 INCH.

IT WAS SUPPOSED TO BE THE SET OF DESIGN JUST TO KEEP IT AT 48 INCH, 48 INCHES.

THAT I HAD QUESTION BECAUSE IT SHOWED THAT ARC AND I THOUGHT IT WAS A REDESIGN.

BUT IF IT WAS THE SAME DESIGN INTENT, BUT AT A 48 INCH HEIGHT, THE CONCERN WITH THE 48 INCHES IS THAT BOTH OF HER DOGS WILL CLEAR THAT WITH NO PROBLEM.

AND THEY'RE VERY GOOD PROTECTION, BUT DON'T DO ANY GOOD ONE.

OURS, YOU KNOW, YOU, YOU KNOW, YOU WANT THE, YOU WANT THE NEIGHBORS, YOU KNOW, YOU WANT THEM KEPT IN FOR THE GOOD OF THE NEIGHBORHOOD AND UH, YOU KNOW, AND THE OTHER ONES KEEP SOMEBODY OUT FOR HER PROTECTION.

YEAH.

THANK YOU.

THANK YOU.

ALRIGHT, SO, UH, WE'LL START WITH A MOTION.

I'LL MAKE A MOTION.

OKAY.

UM, IF I NEED TO MAKE THERE, IT'S OKAY.

THANK YOU.

UH, TO APPROVE THE VARIANCE TO ALLOW THE SIX FOOT FENCE IN THE FRONT YARD LOCATED AT 360 9 WEST POPLAR AVENUE, SUBJECT TO THE FOLLOWING THREE CONDITIONS, UM, YOU DON'T HAVE TO READ.

AND I WAS .

AND CAN I GET A SECOND? SECOND.

ALRIGHT, SO NOW WE'LL HAVE DISCUSSION.

UM, THOUGHTS THIS WEEK WE GOT THAT.

I DON'T THINK IT'S A, A HARDSHIP TO THE NEIGHBORS OR THE COMMUNITY.

UH, AS NOTED, UH, THE FENCE WON'T BE VISIBLE TO, UH, PEDESTRIANS OR DRIVER'S CAPACITY IN THE LOT.

SO, UH, AS THAT STANDS OUT WOULD BE, UH, IN, UH, A POSITION TO IMPROVE.

I THINK FROM AN APPEARANCE STANDPOINT, IT'S, UH, DEFINITE IMPROVEMENT OVER THE CURRENT WOOD FENCE.

UM, AND WITH THE HOUSE, I THINK THAT'S ALREADY KIND OF IN THAT HISTORIC AREA.

I UNDERSTAND MAYBE THE IDEA OF ADDING AN AMENDMENT TO KEEP VEGETATION IN FRONT OF IT, BUT I DON'T KNOW IF THAT'S, I MEAN, IF WE WANNA DO IT, I, I UNDERSTAND IT.

I DON'T, I WOULDN'T FEEL THAT WOULD BE AN ISSUE JUST BASED ON THE EXPENSE OF THIS FENCE AND REALLY THINK ABOUT IT.

THE IRON PART REALLY WON'T BE SEEN MUCH FROM A DISTANCE.

IT'LL JUST BE THE CONCRETE PART, WHICH IS GONNA BE FOUR FEET OR LESS.

SO, UM, DO WE KNOW IF THERE'S ANY PRECEDENT THAT, BECAUSE I MEAN THIS IS SO FAR OFF THE ROAD, RIGHT? THAT THEY COULD COME OUT A LITTLE BIT IN FRONT.

'CAUSE I MEAN IT'S LOOKS LIKE IT'S PROBABLY SIX FEET COMING OUT IN FRONT OF THE HOUSE.

IT'S NOT VERY FAR.

DO WE KNOW OF ANY PRECEDENT? WELL, WE DON'T NECESSARILY HAVE TO RUN ON PRECEDENT, SO, WELL, BUT I MEAN IT'S, WELL

[00:25:01]

EACH, EACH, WE WANNA LOOK AT EACH ONE ON ITS OWN MERITS.

AND SO, AND I THINK BECAUSE, YOU KNOW, PIGGYBACKING OFF OF THAT, YOU'VE GOT A HOUSE THAT'S ALREADY HAD AN APPLICATION TO THE HDC, IT'S ALREADY GOT A RECOMMENDATION OF APPROVAL OF CERTIFICATE OF APPROPRIATENESS FROM THE HT C.

UM, AND I, I GOTTA AGREE, YOU KNOW, YOU'RE THAT FAR FROM THE STREET PLUS IT'S, THE BASE OF IT IS A SIX FOOT ELEVATION RISE FROM THE RIGHT OF WAY.

NOW IF IT WERE MIRRORED AND YOU DIDN'T HAVE A ROW OF PRITT AND SOME EXISTING TREES, THIS WOULD PROBABLY BE A DIFFERENT CONVERSATION.

BUT LIKE LOOKING AT THIS PICTURE HERE, YOU CAN'T EVEN SEE THE CURRENT FENCE.

NO.

AND IT'S NOT GONNA, IT'S GONNA GO WELL THE HOUSE.

SO I, I THINK I WOULD MOVE TOWARDS APPROVAL AS WELL.

ANY OTHER COMMENTS? ALRIGHT, LET'S HAVE A VOTE.

COMMISSIONER FLOYD? YES.

COMMISSIONER FRAZIER? YES.

COMMISSIONER HUDSPETH? YES.

COMMISSIONER WILLIAMS? YES.

AND CHAIRMAN RE YES.

ALRIGHT.

JUST UH, THANK YOU FOR COMING OUT.

APPRECIATE IT.

THANK YOU.

YOU'RE WELCOME.

AND UH, YOU JUST RECONVENE WITH STAFF AND FIGURE OUT YOUR PLAN MOVING FORWARD.

SO APPRECIATE IT.

THANK YOU.

THANKS SCOTT.

THANK YOU.

ALRIGHT, WE GET TO DISCUSS TRAINING OPPORTUNITIES MM-HMM .

FOR THE REST OF THE YEAR, RIGHT? YEP.

SO I

[7 Announcements]

JUST WANNA MAKE A FEW ANNOUNCEMENT ON YOUR DESK.

YOU SHOULD HAVE A MEMO, UM, REGARDING MANDATORY TRAINING AND IT LISTS SOME TRAINING OPPORTUNITIES.

JUST REMEMBER THE BZA HAS TO HAVE A MINIMUM OF FOUR HOURS.

UM, SO I THINK YOU CAN IN CONTACT EITHER ANGELA OR UM, LYNETTE, NO, ANGELA, ABOUT THIS TRAINING FOR TWO .

WOW.

SHE GOT RID OF THAT RESPONSE .

UM, SO NEXT MONTH THERE ARE NO ITEMS YET FOR THE BZA FOR MARCH, BUT THE DEADLINE FOR THAT MEETING IS THE 24TH.

SO SOMETHING COULD COME IN BY THE 24TH.

ALSO, WE HAVE A CHARETTE FOR THE COMP PLAN IN MAY.

IT'LL BE ON MAY 12TH, 13TH, AND 14TH.

SO MORE INFO WILL BE ANNOUNCED LATER ABOUT THAT.

AND THEN LASTLY, WE NEED TO TAKE A GROUP PHOTO.

YES.

TELL ME AGAIN THE DATE FOR NEXT MONTH MEETING.

UH, THE 19TH.

OH, RIGHT IN FRONT OF ME.

THANK YOU .

YOU WELCOME.

OKAY.

AND THAT'S IT.

I WILL BE GONE OUT OF STATE FOR THAT MEETING AND IT IS SPRING BREAK IN CASE ANY OF Y'ALL ARE TRAVELING TOO.

I MAYBE AS WELL .

ME TOO.

I THINK MY SPRING BREAK'S THE WEEK BEFORE THAT.

SO, UH, , NO, DIFFERENT SCHOOLS, DIFFERENT SPRING BREAKS.

OH YES.

YOU KNOW, YOU GOTTA LOVE IT.

SO YOU GUYS GET SPRING BREAK ? UH, ALRIGHT, WELL IF THERE'S NOTHING ELSE, WE'LL ADUR THE MEETING.

MM-HMM .

STUFF.