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[Board of Zoning Appeals on May 21, 2026.]
CALL THE BOARD.CHAIRMAN OR, UH, COMMISSIONER HUDSPETH? HERE.
UH, APPROVAL EXHIBITS ARE ANY CHANGES LAST MONTH? THERE ARE NO CHANGES TO THE AGENDA.
APPROVAL OF, UH, THE MINUTES FROM MARCH 19TH.
MS. DAY? COMMISSIONER WILLIAMS? YES.
I THINK WE ALREADY APPROVED THE AGENDA.
YOU WANT A ROLL CALL? ROLL CALL.
ARE THERE ANY, UH, CITIZEN UH, COMMENTS, SIR? ANYTHING? NO.
UH, LET'S MOVE ON TO THE FORMAL, FORMAL AGENDA.
WE HAVE, UH, ONE CASE 2 6 1 0 5 5.
WE VERY, WE MOVE FORWARD PRESENTATION.
THIS IS MY FIRST TIME PRESENTING IN FRONT OF YOU, SO IT'S NICE TO BE HERE.
UH, SO TONIGHT, UH, WE'RE GONNA REVIEW, UM, A VARIANCE REQUEST.
UH, THE PROPERTY OWNER AND APPLICANT NEED MORE IS REQUESTING A VARIANCE TO ALLOW A 54 SQUARE FOOT GREENHOUSE TO BE LESS THAN FIVE FEET, UH, FROM THE PRIMARY DWELLING.
THE PROPERTY IS LOCATED ON THE, IN THE GRAYSTONE SUBDIVISION.
UH, AND IT'S ON THE CORNER OF GRAY WIND DRIVE, DRIVE, AND BRIDGE POINT DRIVE.
UH, THE PROPERTY IS ZONED R ONE AND IT IS NOT WITHIN A PLANNED DEVELOPMENT.
UH, SO AS YOU CAN SEE HERE, UH, THE GREENHOUSE ALREADY EXISTS.
UH, THE GREENHOUSE ALREADY EXISTS.
UM, THE, UH, APPLICANT CONSTRUCTED, UH, THE GREENHOUSE WITHOUT GETTING THE PROPER BUILDING PERMIT.
UM, BUT CONSIDERING THAT THE GREENHOUSE IS 54 SQUARE FEET, UM, IT WASN'T AN INTENT.
HE JUST DIDN'T REALIZE THAT HE NEEDED THE PERMIT.
UH, SO WHEN MR. MOORE REALIZED THAT HE NEEDED THE PERMIT, UH, HE CAME IN, SUBMITTED ALL THE PROPER DOCUMENTATION, BUT THAT'S WHEN STAFF HAD TO INFORM HIM OF THAT FIVE FOOT SEPARATION REQUIREMENT.
UM, AND RIGHT NOW THE GREENHOUSE IS ABOUT 18 INCHES FROM THE EDGE OF THE, UH, PRIMARY HOUSE.
UH, AND THIS IS JUST A SNIPPET FROM OUR CODE SECTION 1 5 1 0.025.
THIS IS THE CODE SECTION THAT THE APPLICANT IS REQUESTING THE VARIANCE FROM.
UH, SO THE, UH, SPECIFICALLY THE UNDERLYING SECTION ON THE SCREEN, UM, THE INTENT OF THIS SECTION IS TO PRESERVE LIGHT, AIR AND OPEN SPACE BETWEEN BUILDINGS.
UM, AND I DO WANNA NOTE, UM, THIS IS STRICTLY A ZONING CODE REQUIREMENT.
UM, THERE IS NO REQUIREMENT FOR THIS TYPE OF SEPARATION FOR RESIDENTIAL STRUCTURES IN THE, UH, FIRE CODE OR IN THE BUILDING CODE.
UH, AND STAFF DID SPEAK WITH, UM, UH, THE, OUR FIRE MARSHAL AND OUR BUILDING INSPECTOR, AND NEITHER ONE OF THOSE GENTLEMEN HAD ANY CONCERNS ABOUT THIS 18 INCH SEPARATION.
SO THE GREENHOUSE, UH, IS SITTING IN A SIDE YARD, UH, THAT IS FUNCTIONING MORE LIKE A REAR YARD.
SO IF I CAN CIRCLE HERE, THIS IS APPROXIMATELY WHERE THE GREENHOUSE IS.
UM, THE REASON THAT THIS IS FUNCTIONING MORE LIKE A, UH, REAR YARD VERSUS A SIDE YARD IS BECAUSE OF THE ATYPICAL SHAPE OF THE LOT
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AND ITS PROXIMITY TO MULTIPLE RIGHTS OF WAY.UH, SO AS I MENTIONED, THE PROPERTY IS ON THE CORNER OF GRAY WIND DRIVE AND BRIDGE POINT DRIVE, UH, WHERE THE NORTHERN AND THE EASTERN LOT LINES ARE THE FRONT YARDS.
SO WE'VE GOT A FRONT YARD HERE, AND WE HAVE A FRONT YARD HERE.
UH, THIS SOUTHERN LOT LINE IS CONSIDERED THE REAR LOT LINE SINCE IT'S, UH, DIRECTLY, UH, ADJACENT FROM THE FRONT.
AND WE DO CONSIDER THIS THE FRONT BECAUSE, UH, BRA WIND IS WHERE PRIMARY ACCESS AND THE ADDRESS IS FROM.
AND SO THAT WOULD MAKE THIS EASTERN LOT LINE, UH, HIS SIDE YARD.
BUT AS YOU CAN SEE, UM, THIS SOUTHERN LOT LINE THAT IS IN FACT, UH, THE REAR, UH, A BUTS HIS NEIGHBOR'S SIDE LOT LINE.
AND THIS SIDE LOT LINE FOR THE SUBJECT PROPERTY ABUTS A COMMON OPEN SPACE THAT THEN FRONTS DIRECTLY ONTO BRACE STATION ROAD.
UH, THE GREENHOUSE IS APPROXIMATELY 49 AND A HALF FEET FROM THE GRAY STATION RIGHT OF WAY.
UH, IT'S APPROXIMATELY 22 AND A HALF FEET FROM THIS, UH, SIDE LOT LINE.
AND APPROXIMATELY 35 FEET FROM THIS SOUTHERN, UH, UH, WEIR LOT LINE, UM, STAMP DID CONDUCT A SITE VISIT AND, UH, VERIFIED THESE SETBACKS, UH, AS, AS BEST AS WE COULD CONSIDERING THE VEGETATION.
SO, UH, THE GRAYSTONE SUBDIVISION, UH, DOES HAVE A 50 SQUARE FOOT LANDSCAPE EASEMENT, UM, THAT ENCROACHES ALONG, UM, THE LOTS OF ALL OF THESE PROPERTIES THAT BACK UP TO BRAY STATION ROAD.
UM, AND THEY DID CREATE THESE VIA VIA PLA.
UM, AND YOU CAN SEE, UH, THIS IS THE, UH, THIS RIGHT HERE IS THIS 50 SQUARE FOOT LANDSCAPING EASEMENT THAT IS, UM, ENCROACHING ONTO, UH, MR. MOORE'S PROPERTY.
UM, AS IT ENCROACHES ONTO ALL OF THE REST OF THE PROPERTIES, AGAIN, RUNNING ON, ON ATION.
UM, IN MARCH OF THIS YEAR, UM, THE HOA REMOVED SOME UNHEALTHY TREES FROM THIS LANDSCAPING EASEMENT.
UH, AND THEY PLANTED SOME SMALLER YOUNG HEALTHY TREES.
UM, BUT ONCE THOSE MATURE TREES WERE REMOVED, UH, THAT IS WHEN MR. MOORE'S, UH, GREENHOUSE BECAME VISIBLE, UH, FROM THE BRACE STATION RIGHT OF WAY.
UM, THE HOA DOES HAVE PRIVATE RESTRICTIONS THAT REQUIRE THAT THE GREENHOUSE IS SCREENED FROM THIS RIGHT OF WAY.
SO IN ORDER TO ACCOMPLISH THIS, UH, THE APPLICANT HAS PLANTED, UH, FIVE TREES, AND YOU CAN SEE THOSE HERE.
UM, THE STAFF REPORT MENTIONED THAT THOSE WERE CYPRESS TREES.
UM, BUT WE FOUND OUT TODAY THAT THAT IS IN FACT NOT THE CASE.
THERE ACTUALLY ARE BUGGIES JUST A SMALL CORRECTION.
UM, AND AS YOU CAN SEE HERE, WE'VE TAKEN SOME, SOME SETBACK MEASUREMENTS.
SO, AS I MENTIONED, THE GREENHOUSE IS ROUGHLY 22 AND A HALF FEET AWAY FROM THIS SIDE LOT LINE.
UH, BUT BECAUSE OF THIS, UM, LANDSCAPING EASEMENT, UM, THAT'S TAKING UP ABOUT FIVE FEET OF WHAT WOULD BE BUILDABLE OR USABLE SPACE FOR THE APPLICANT.
UM, IN ADDITION, UH, TO THE TOWN'S REQUIREMENTS, UM, THE HO A'S REQUIREMENTS FOR LANDSCAPING ARE, UM, TAKING UP ADDITIONAL BUILDABLE SPACE, UH, ROUGHLY 10 FEET.
AND, UM, AS WE READ, UH, WITH MS. WILLIAMS' LETTER AS A REPRESENTATIVE FROM THE HOA, UM, THE HOA, UM, IT APPEARS THAT THEY ARE NOT SATISFIED WITH THE LEVEL OF SCREENING THAT MR. MOORE HAS IN PLACE CURRENTLY.
UH, SO IF THE GREENHOUSE IS APPROVED, UH, IN ORDER TO GET HOA APPROVAL, MR. MOORE WOULD NEED TO PLANT ADDITIONAL LANDSCAPING, UH, WHICH WOULD THEN TAKE UP ADDITIONAL BUILDABLE SPACE.
UM, THE GREENHOUSE BEING 18 INCHES FROM THE MAIN HOUSE, UH, WILL NOT BE DETRIMENTAL TO OTHER PROPERTIES WITHIN THE GRAYSTONE NEIGHBORHOOD.
UM, SO AS I MENTIONED, UH, PLACING THE GREENHOUSE IN THAT SIDE YARD, A BUDDING BRACE STATION, UH, WILL MINIMIZE THE IMPACT TO THE NEIGHBORING PROPERTY, WHICH WOULD BE THIS PROPERTY HERE.
UM, AND WITH THE PROPER SCREENING, THE GREENHOUSE WOULD BE ABLE TO, THE GREENHOUSE WOULD BE SCREENED FROM THAT GRAYSTONE RIGHT OF WAY.
UM, THERE ARE SOME ALTERNATIVES THAT THE APPLICANT COULD, UM, COULD PURSUE THAT WOULD NOT REQUIRE A VARIANCE.
UH, THE FIRST WOULD BE PERMANENTLY ATTACHING THE GREENHOUSE TO A STRUCTURAL ELEMENT OF THE PRIMARY HOUSE, UH, THUS REMOVING THAT
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SEPARATION REQUIREMENT AT FIVE FEET.UH, BUT IN ORDER TO DO THIS AND, AND, AND, AND I'M NO, UH, BUILDING CONTRACTOR, SO I'M GONNA SPEAK ABOUT THIS AS BEST I CAN.
UM, IN ORDER FOR HIM TO DO THAT, TO SATISFY THE BUILDING DEPARTMENT'S REQUIREMENTS AND TO SATISFY THE ZONING DEPARTMENT'S REQUIREMENTS, THIS GREENHOUSE WOULD NEED TO BE ATTACHED TO A STRUCTURAL ELEMENT OF THE PRIMARY DWELLING.
AND THAT WOULD MEAN EITHER ATTACHING THE SEVEN FOOT TALL GREENHOUSE TO THE, UH, ROUGHLY 10 FOOT TALL SOFFIT IN SOME WAY.
OR IT WOULD REQUIRE REMOVING THAT BRICK VENEER THAT'S ON THE HOUSE AND THEN ATTACHING THE GREENHOUSE TO A STRUCTURAL ELEMENT OF THE HOUSE AND THEN REPLACING SOME OF THAT BRICK CLEANER.
UM, IT SOUNDS LIKE IT WOULD BE POSSIBLE.
IT JUST SOUNDS LIKE IT WOULD BE, UH, FAIRLY IMPRACTICAL.
AND THERE IS CONCERN THAT IT COULD COMPROMISE THE STRUCTURAL INTEGRITY OF THE HOUSE ITSELF.
ALTHOUGH THAT MAY NOT BE A HUGE CONCERN CONSIDERING THE GREENHOUSE IS 54 SQUARE FEET.
UM, BUT BECAUSE THEY DON'T SHARE A FOUNDATION, IF THERE IS ANY MOVEMENT IN THE GREENHOUSE, THAT COULD POTENTIALLY IMPACT THE STRUCTURAL INTEGRITY OF THE DRAWING ITSELF.
UM, ADDITIONALLY, UH, ANOTHER ALTERNATIVE WOULD BE, UM, THE APPLICANT COULD RELOCATE THE GREENHOUSE INTO HIS REAR YARD, WHICH WOULD BE HERE.
UM, BUT AGAIN, THERE WOULD NEED TO BE THAT FIVE FOOT SEPARATION FROM THE HOUSE HERE.
AND THEN THAT WOULD CREATE MORE OF AN IMPACT ON THE NEIGHBOR WHO HE SHARES THAT LOT LINE WITH.
SINCE THIS NEIGHBOR, SINCE THIS IS HIS SIDE YARD, THIS NEIGHBOR'S HOUSE IS ONLY 10 FEET AWAY FROM THAT SHARED LOT LINE.
SO THAT WOULD PLACE THE GREENHOUSE EVEN CLOSER TO THE ABUTTING NEIGHBOR THAN WHERE IT IS CURRENTLY.
UH, SO STAFF IS RECOMMENDING APPROVAL, UH, FOR THE VARIANCE.
UM, STAFF HAS FOUND THAT THE PHYSICAL SURROUNDINGS OF THE LOT DO REPRESENT A HARDSHIP THAT WAS NOT CREATED BY THE PROPERTY OWNER HIMSELF.
UH, THE VARIANCE REQUESTED, UH, STAFF FIND THAT IT'S REASONABLE AND IT WILL MEET THE INTENT OF SECTION 1 5 1 0.025 FOR THAT PRESERVATION OF LIGHT AND AIR.
UM, AND THE PLACEMENT OF THE SHED AND ITS EXISTING LOCATION WILL HAVE THE LEAST AMOUNT OF IMPACT, UM, ON ANY OF THE ABUTTING, UM, PROPERTY OWNERS.
UH, SO THAT BEING SAID, UM, THE PROPOSED MOTION IS ON THE SCREEN, UM, APPROVAL OF A VARIANCE TO ALLOW THE ACCESSORY STRUCTURE TO BE CLOSER THAN FIVE FEET FROM A DETACHED DROWNING UNIT.
UH, SUBJECT TO THE CONDITIONS, UH, LISTED HERE.
UH, ONE OF THOSE CONDITIONS BEING THAT THE APPLICANT MUST SUBMIT A PLOT PLAN, UH, THAT INCLUDES THE GREENHOUSE AND THE EXACT MEASUREMENT OF ALL OF THE EXISTING SETBACKS.
UM, AND WITH THAT'D BE HAPPY TO TAKE ANY QUESTIONS, ANY QUESTIONS.
WHAT IS THE DEFINITION OF ACCESSORY STRUCTURE IN THE DEFINITION? DOES IT HAVE ANYTHING TO DO WITH SQUARE FOOTAGE? IT DOES NOT HAVE TO DO ANYTHING WITH SQUARE FOOTAGE.
I DO KNOW THAT, BUT I, I DON'T KNOW THE DEFINITION OFF THE TOP OF MY HEAD.
UM, IS THIS AFFIXED TO THE GROUND? AND IF YES, HOW SLAB, UH, FOOTAGES.
I THINK THAT WOULD BE A BETTER QUESTION FOR THE PROPERTY ERIT TO ANSWER.
IT'S, IT'S THIS, JUST A SECOND.
WE WE'RE GONNA GET YOU YOUR, OH, UH, I CAN ANSWER YOUR QUESTION ABOUT THE DEFINITION OF ACCESSORY STRUCTURES.
A STRUCTURE DETACHED FROM A PRINCIPAL BUILDING LOCATED ON THE SAME LOT AND CUSTOMARILY, INCIDENTAL AND SUBORDINATE TO THE PRINCIPAL BUILDING OR USE.
THERE USED TO BE, UM, SOMETHING ABOUT THE SIZE, BUT WE DON'T, IF IT'S 10 SQUARE FEET PERMIT, HOW, UH, THE HOMEOWNERS ASSOCIATIONS CAN'T HAVE, UH, SPECIFIC, UH, STRUCTURAL SIZES WITHIN THEIR GOVERNANCE.
UH, WE HAVE ONE QUESTION JUST TO MAKE SURE.
ON THE CODE READING THAT THE HEIGHT REQUIREMENT, LIKE THE KNOW THE HEIGHT REQUIREMENTS, SETBACK REQUIREMENT BASED UPON HEIGHT.
IS IT BASED UPON THE HEIGHT OF THE STRUCTURE OR IS IT BASED ON MIDPOINT OF THE ROOF? SO THE WAY I UNDERSTAND IT, UM, THE WAY THAT WE MEASURE THE HEIGHT, IT'S, WE DON'T MEASURE FROM THE PEAK, WE MEASURE AT THE MIDPOINT.
SO FOR THIS PARTICULAR STRUCTURE, IT WOULD BE ROUGHLY SEVEN FEET WOULD BE THE REQUIRED SET THAT OKAY.
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I NOTED THAT, THAT THE HOMEOWNER ASSOCIATED EXHIBIT THAT LADDER, UM, STATING WHAT THE THOUGHT THEY NEEDED IN ORDER TO PROVE THIS.UH, YOU MENTIONED ADDITIONAL, UH, SRU BREED OR GREENERY.
UH, MY RECOLLECTION IS THEY SAID THEY WANTED MORE MATURE OR LARGER, UH, GREENERY.
IS THAT A DIFFERENCE FROM WHAT YOUR INTERPRETATION OF THOSE? UM, YOU KNOW, VICE CHAIR, I, UM, THAT IS WHAT MY INTERPRETATION IS OF THE LETTER.
UM, THAT THE HOA IS CURRENTLY NOT SATISFIED WITH THE LEVEL OF SCREENING, UM, THAT MR. MOORE HAS IN PLACE RIGHT NOW.
UM, BUT SINCE IT IS NOT A ZONING REQUIREMENT FOR MR. MOORE TO HAVE THAT SCREENING IN PLACE, UM, YOU KNOW, WHAT THE HOA AS A PRIVATE ENTITY WANTS TO IMPOSE ON A PRIVATE PROPERTY OWNER IS REALLY SORT OF BETWEEN, BETWEEN THEM.
UM, YOU KNOW, STAFF ONLY, UH, MENTIONED THAT REQUIREMENT JUST TO DEMONSTRATE, UM, TRULY THE LACK OF USABLE SPACE THAT, THAT MR. MOORE HAS WHEN, WHEN, UM, MR. MOORE IS EXPECTED TO MEET THE ZONING CODE REQUIREMENT IMPOSED ON BY US ONTO HIM, AND THEN THE ADDITIONAL REQUIREMENTS IMPOSED, UH, ONTO HIM BY THE HOA, IT REALLY DOES CREATE A LACK OF BUILDABLE SPACE.
UM, AND IT IS STAFF'S ASSESSMENT THAT, UM, REQUIRING THAT FIVE FOOT SEPARATION WOULD, WOULD TRULY MAKE THIS YARD, UM, QUITE UNUSABLE, UM, FOR THE PROPERTY OWNER'S ENJOYMENT.
AND, UH, WE DO THINK THAT, UM, THE PROPERTY OWNER USING HIS SIDE YARD, MORE LIKE A REAR YARD, I THINK DOES CONTRIBUTE TO THE HARMONY OF THE NEIGHBORHOOD.
AND HE'S USING THIS YARD SIMILARLY TO HIS ABUTTING PROPERTY OWNERS THAT ALSO, UM, BACK UP TO, TO BRACE STATION.
SO, UM, STAFF DOES THINK THAT YOU CONTINUING TO TREAT THIS AS A REAR YARD, UM, IS ACTUALLY BENEFICIAL.
I, WE HAVE THE PROPOSED MOTION FOR, I'M SORRY, WHAT WAS THE QUESTION? IF YOU SCROLL TO THE PROPOSED MOTION.
SO JUST TO CLARIFY, BEFORE THE BOARD FOR THE PUBLIC IS THE PREROGATIVE OF THIS BOARD JUST TO APPROVE SETBACK WITH NO CONDITIONS OF APPROVAL BASED UPON HO'S PRIOR REQUIREMENTS OF LANDSCAPE? THAT IS CORRECT.
UM, THE TOWN IS NOT RECOMMENDING THAT THIS BOARD IMPOSE A CONDITION THAT WOULD HAVE ANYTHING TO DO WITH SCREENING.
THANK IN ADDITIONAL QUESTIONS.
UH, YOU HAVE COME FORWARD AND, UH, STATE YOUR NAME AND ADDRESS.
UH, MY WIFE AND I LIVE AT 1287, UH, RAYWIN DRIVE, UH, RIGHT OFF THE GRAY STATION.
WE'VE LIVED THERE FOR 13 YEARS.
AND, UH, A LITTLE SIDE NOTE IS WHEN WE BOUGHT THIS HOUSE 13 YEARS AGO, IT WAS ACTUALLY A RENTAL PROPERTY AND IT WAS IN HORRIBLE CONDITION.
WE HAD SPENT $50,000 ON OUR LANDSCAPING, GRASS IRRIGATION, BLAH, BLAH, BLAH.
AND, AND, UM, ALLISON CAME OUT TO DO THE SITE VISIT.
SHE SAW FOR HERSELF HOW MUCH LANDSCAPING WE'D DONE.
SO WHAT WE TRIED TO DO, WE KNEW THAT THE SCREENING, WE WERE GOING TO DO THE SCREENING ANYWAY, REGARDLESS OF WHAT SITUATION A SAID OR WHAT Y'ALL SAID.
BUT WE WANTED TO HAVE A BEAUTIFUL YARD.
ONE THING I WANT TO NOTE, UH, I CAN TELL YOU REAL QUICK, IS WHERE THE GARDEN IS, THE LEVEL IS THIS HIGH.
IF YOU TOOK IT AND PUT ANOTHER TREE OVER HERE TO SATISFY THE HOA, THAT LEVEL IS WAY LOW.
MY, I HIRED AN ARBORIST FROM MICHAEL HATCHER LANDSCAPING TO COME OUT AND LOOK AT MY PROPERTY.
AND WE NOW HAVE WHAT'S CALLED GREEN GIANT AOV.
WE'RE PROBABLY GOING TO THIN THESE OUT AFTER A FEW YEARS.
HIS COMMENT TO ME IS, YOU CAN ONLY PUT FIVE HERE.
IF YOU PUT IT ONE WAY DOWN THERE, I CAN'T PUT IT IN WITHOUT HAVING SOME PROBLEM WITH THE, UH, LONGEVITY OF TREE.
SO I HAVE 10 FOOT TREES AND I RAISED THE GROUND LEVEL, SO IT WOULD HIDE THE, UH, GREENHOUSE EVEN MORE THAN IT THAN I THOUGHT IT WOULD.
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I WANTED SCREENING TOO.'CAUSE THE HOUSE IS DIRECTLY ACROSS THE STREET FROM ME IS REALLY UGLY
AND, UH, IT IS JUST, IT'S JUST CRAZY.
THEY HAVE THESE LIGHTS THAT COME ON EVERY TIME A CAR COMES DOWN FOR STATION AND THEY SHINED RIGHT IN MY YARD.
SO, UH, ANNOUNCEMENT CHRISTMAS LIGHTS ALMOST TO, UH, COLLEGE RIGHT THERE STILL TODAY.
UH, IF I PUT THAT GREENHOUSE FIVE FEET AWAY FROM THE HOUSE, IT WOULD BE IMPOSSIBLE TO SCREEN THAT.
AND I WOULDN'T HAVE ANY ROOM FOR MY RAISED GARDEN.
I, I THINK ON YOUR HANDOUTS, YOU SEE A PICTURE OF MY RAISED GARDEN, UH, BEDS.
UH, WE'VE DONE THAT, UH, LAST YEAR AND WE REALLY WENT CRAZY THIS YEAR TO GET THE GREENHOUSE AND MAKE IT REALLY NICE.
SO IT GOES ALONG WITH WHAT OUR INTENT IS WITH THE LANDSCAPING.
WE, WE WANT STICK AROUND FOR A WHILE.
AND I'M KIND OF JUST BAMBOOZLED BY MY HOA RIGHT NOW.
UM, THAT'S JUST KIND, I DON'T KNOW.
I THINK THEY'RE, THEY'RE REALLY, UH, BEING A LITTLE PICKY ABOUT THIS, BUT I'VE SPENT A LOT OF MONEY ON THE SCREENING AND HOW HIRED THIS, UH, ARBORIST TO GIVE YOU THE BEST IDEA.
AND I THINK WE'VE ACCOMPLISHED WHAT WE WANT TO ACCOMPLISH.
SO I'D BE GLAD TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
SO HOW LONG HAS THE GREENHOUSE BEEN THERE? 'CAUSE IT, LIKE THIS PICTURE RIGHT HERE, IT LOOKS LIKE IT WAS COVERED UP BY THE TREES.
AND THOSE TREES WERE REMOVED BY THE HI, YEAH.
WHICH I HAD NO IDEA THEY WERE GONNA TAKE THOSE TREES DOWN.
SO I STARTED THIS PROJECT IN JANUARY, CAME IN A KIT, FOUR BIG BOXES, AND YOU SEE THAT IT IS WHITE.
AND I DON'T KNOW IF YOU HAVE A COLOR PICTURE OF WHAT IT NOW LOOKS LIKE, BUT IT IS A GRAY GREEN BRANCHES WITH OUR EXISTING HOUSE.
AND IT'S A LOT LESS SORE THUMB.
SO, UM, WHEN I STARTED THAT PROJECT, THE TREES WERE THERE AND I SAID, OKAY, GOOD.
I'M GONNA NOT SEE THE HOUSE ACROSS THE STREET.
AND THEN IT COMES, UH, AUGUST MIGHT WAS MARCH IT, MARCH I THINK.
I GO, OH MY GOSH, WHAT, WHAT'S, WHAT'S GOING ON? SO I HAD TO CUT BACK THE NUMBER OF RAISED GARDEN BEDS I HAD FROM FIVE TO THREE IN ORDER TO HAVE ENOUGH SPACE FOR THE TREES TO BE PLANTED FOR SCREEN.
AND IT LOOKED LIKE THEY PLANTED SOME TREES BACK THERE, BUT THEY WERE SMALL.
THEY'RE LIKE EIGHT, SEVEN OR EIGHT FEET TALL.
IT'S GONNA BE FOREVER BEFORE THEY GET THOSE TREES.
THAT YOU'RE SEEING ARE PROBABLY THE ORIGINAL TREES TO THE NEIGHBORHOOD, WHICH IS WHAT, 20 YEARS OLD? 18 TO 20 YEARS OLD.
UH, MOST OF THOSE, UH, LIVE IN CYPRESS.
I THINK THOSE ARE LIVE IN CYPRESS.
MY ARBORIST SAID THEY HAD REACHED THE END OF THEIR LIFE EXPECTANCY.
SO I'M GLAD THEY TOOK 'EM DOWN, BUT IT DID CAUSE ME A PROBLEM.
DO WE KNOW STAFF IF THE HOA PUT BACK, UH, THE SAME SPECIES OR AN EQUIVALENT OF WHAT WAS THEIR ORIGINAL TO MATCH THE INTENT OF THE STREETSCAPE PLATE? WE DO NOT KNOW THAT.
THAT'S, I I THINK IT'S THE SAME SPECIES, BUT IT IS OBVIOUSLY IT'S GONNA TAKE A LOT.
HAVE YOU HAD ANY COMPLAINTS FROM YOUR NEIGHBORS ABOUT GREENHOUSE? NOTHING.
THE ONLY I'VE EVER HEARD IS THIS LETTER THAT CAME FROM, UH, THIS ARCHITECTURAL COMMITTEE PERSON.
AND, UH, I DON'T KNOW HER IF SHE WALKED IN THE ROOM.
BUT, UH, MY INTENT IS I KNOW THAT COVILLE HAS A BEAUTIFICATION PLANT.
AND THAT'S WHAT WE BOUGHT INTO COVILLE.
THAT'S WHY WE SPENT $50,000 ON OUR LANDSCAPING.
AND IF WE PUT OF OUR HOME, WE PUT NEW ROOF ON, WE PAINTED, WE, IT GOES DOWN THE LINE.
NEW TREES, SCRUBS, EVERYTHING WE'VE DONE GOES TO THE BEAUTIFICATION OF OUR HOME, WHICH MATCHES WHAT CO WAS TRYING TO DO.
IT WAS NOT IN MY ATTEMPT TO CAUSE THE HOA UPSET.
I DON'T KNOW WHAT I'M GONNA DO TO KIND OF A LAY THEM.
I CAN'T PUT ANOTHER TREE IN WITHOUT IT DYING EVENTUALLY.
SO I DON'T WANNA WASTE MY MONEY DOING THAT.
BUT, UM, I SPENT ABOUT $3,000 ON THOSE TROOPS.
SO I HOPE, BE HONEST WITH YOU, I'M GONNA TO CUT IT BACK EVERY YEAR BECAUSE THEY'RE SO FAST GROWING.
THEY'D BE SCREAMED WITHIN TWO YEARS.
TOTAL SCREEN MATCH THIS LADY'S REQUIREMENT.
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OKAY.WHAT WE ARE GONNA DO NOW IS, UH, DISCUSS, YOU'RE GONNA GO AHEAD AND HAVE A SEAT.
WE'RE GONNA DISCUSS SOME OFFICER SET UP.
UH, YOU'RE GONNA HEAR IT AND WE'RE GONNA MAKE A DECISION THERE.
UM, UH, ABOUT MY STATE, UH, I DON'T FEEL THAT IT'S A FULL OBJECTION.
I'M GONNA MAKE A MOTION TO APPROVE VARIANCE TO ALLOW ACCESSORY STRUCTURE BECAUSE WITH FIVE UNIT SUBJECT TO THE CONDITION AS WELL AS SECOND.
UH, FROM WHAT I CAN HERE AND SEE, AND I CAN TELL THERE'S NOT A HARDSHIP TO THE COMMUNITY.
IT'S NOT A HARDSHIP TO THE, UH, UH, IT'S NOT AFFECT THE NEIGHBORS NOT GONNA AFFECT, UH, THE, UH, DYNAMICS OF COMMUNITY.
SO I WOULD TRY TO, ON THIS GRANTS TO, IT'S CLEARLY A HARDSHIP TO THE CONFIGURATION OF A LOT.
IT'S DIFFERENT THAN AREAS LOT IN THE NEIGHBORHOOD.
REALLY DIFFICULT TO PUT, UM, THAT IN A BETTER PLACE.
SO, IN FAVOR, YES, I WOULD AGREE.
BASICALLY, IF THE HOMEOWNERS ASSOCIATION WENT TO REMOVE THOSE TREES THAT WOULD'VE HAD THE SCREEN THAT THEY WANT AND MEETING WITH VARIANCE, IT'S DEFINITELY A HARDSHIP ON THEM.
SOME PAPERS, UH, SAME LOOKING AT THE LOT, THE CONFIGURATION.
BASICALLY A FREE SIDED LOT WITH MINIMAL PRIVACY.
UM, WITH PURVIEW OF THIS BOARD.
NOT TO DISCUSS THE SCREENING, BUT LOOKING AT THE SETBACKS SOLELY.
UH, I WOULD SAY THIS IS FINE, ESPECIALLY IF FIRE EMS HAS NO ISSUES, BUILDING CODES, HAS NO ISSUES.
UH, IT'S BEEN THERE A WHILE AND THEN YOU, HOPEFULLY, HOPEFULLY THE HOA WILL LET UP ON YOU.
'CAUSE FROM A CONSTRUCTABILITY STANDPOINT, AS A BUILDER DEVELOPER, IT'S, IT'S STUFF WHEN YOU HAVE GREAT CHANGES.
HE IS A GREAT LANDSCAPER, GREAT HARVEST.
UM, WELL KNOWN THE COMMUNITY AS ARE YOU, DR. MOORE.
WE APPRECIATE ALL THE LINE YOU PUT INTO YOUR LANDSCAPING AND GETTING A HOUSE THAT, UH, YOU BROUGHT BACK FROM, FROM THE ASHES, SO TO SPEAK.
UM, SO I WOULD, I WOULD ALSO BE INCLINED TO MOVE THIS THINGS.
YOU READY TO ANOTHER ROLL CALL? OKAY.
ANY ANNOUNCEMENTS I GOT? I HAVE ONE QUICK ITEM ABOUT, UM, SOME CHANGES TO THE BYLAWS FROM THE COURT SUBJECT APPEAL.
IS IT WORKING? IT'S NOT WORKING.
UM, SO THE, THE BCA AS Y'ALL ARE AWARE, YOU HAVE YOUR OWN BYLAWS AND WE AMEND 'EM FROM TIME TO TIME WHEN THINGS COME UP.
THEY'VE BEEN MOST RECENTLY AMENDED.
UH, THERE'S A COUPLE OF YEARS AGO, THERE'S A STATE LAW CHANGE SAYING THAT ALL PUBLIC MEETINGS, WE NEEDED TO GET A CHANCE FOR THE PUBLIC TO COME AND SPEAK ABOUT ANYTHING.
SO WE ADDED THAT TO THE BYLAWS WHERE YOU, WHERE THERE'S ASSISTANCE, COMMENT SECTION, UH, THERE'S BEEN A RECENT CHANGE, ANOTHER CHANGE, UH, AT THE STATE LEGISLATURE THAT PROPS THE CHANGE THAT WE BRING TO YOU TONIGHT.
AND THAT THAT WAS PASSED, UM, LAST YEAR.
AND SO WE'RE TRYING TO IMPLEMENT THAT THE, THE MAYOR AND BOARD HAS, THEY'VE ALREADY MADE SOME CHANGES TO THE ZONING ORDINANCES RELATED TO THE, THE BOARD OF ZONING APPEALS.
SO THIS LANGUAGE WOULD SYNCHRONIZE WITH THAT.
THEY'RE GOOD USE FOR THESE CHANGES ARE THAT WE'RE ALREADY DOING THESE THINGS.
SO IT'S NOT REALLY CAUSING US TO DO ANYTHING ADDITIONAL.
BUT WE DO WANT TO TRY TO BE COMPLIANT WITH STATE LAW AND DEMONSTRATE THAT WE'RE BEING COMPLIANT.
SO THE, THE CHANGES THAT, THAT WERE INCORPORATED INTO THE, IN THESE EDITS, IT, IT SAYS THAT THE BOARD OF ZONING APPEALS COULD HIRE ITS OWN STAFF OR IT COULD HAVE PROFESSIONAL STAFF, WHICH WE ALREADY DO.
AND THAT YOU COULD ASK US TO KEEP YOUR RECORDS, WHICH YOU ALREADY DO.
SO THAT'S, THAT'S ONE THING THAT WE'RE PUTTING INTO THE BYLAWS.
IT TALKS, THERE'S LANGUAGE BEING ADDED THAT, THAT TALKS ABOUT WHEN
[00:30:01]
THE BCAS DECISION IS FINAL, AND THIS IS ALREADY OUR OCCURRING PRACTICE, BUT IT'LL SAY THAT A BCAS DECISION IS FINAL WHEN ALL THE ACTIONS ARE PUT INTO THE RECORD, WHICH WOULD BE YOUR MINUTES.AND WE SEND THE APPLICANT A LETTER EXPLAINING WHAT HAS HAPPENED, WHICH PEOPLE DO.
LIKE, FOR EXAMPLE, TONIGHT AFTER THIS DECISION, TOMORROW NEXT WEEK, WE'LL SEND A LETTER THAT WE'LL HAVE THE CONDITIONS OF APPROVAL AND SAY, HEY, SEE THE TOWN'S WEBSITE FOR THE MINUTES.
AND ALL THAT TOGETHER IS CONSIDERED THE OFFICIAL ACTION OF, OF THE BOARD ZONING APPEALS, PARTICULARLY WHEN THE MINUTES ARE APPROVED.
UH, THERE'S ALSO A STATEMENT IN THERE THAT, THAT RELEVANT PROOF PROVIDED BY, UH, THE APPLICANT OR THE PUBLIC IS PUT INTO THE PUBLIC RECORD.
IT'S LIKE THE LETTER THAT YOU GOT TODAY FROM THAT, THE HOA, THAT WILL BECOME PART OF THE RECORD FOR, FOR THIS CASE.
AND, UH, THE FINAL THING IS THAT AN EXPECTATION THAT THE BOARD OF ZONING APPEALS, UH, EXPLAIN ITS VOTE.
WHY, WHY Y'ALL ARE MAKING A DECISION OUT OF ALL OUR BOARDS, Y'ALL DO THIS THE BEST.
SO
'CAUSE IF WE EVER HAVE TO GO TO COURT, IT IS LY CLEAR WHY YOU DID WHAT YOU DID.
SOME OF OUR BOARDS, THEY'LL TAKE A QUICK ACTION AND THEY REALLY WON'T EXPLAIN.
AND WE'RE LIKE, WHY, WHY DID THEY DO THAT? OR ONLY ONE PERSON SPEAKS UP AND EVERYBODY ELSE IS REALLY QUIET.
SO I GUESS WE JUST GUESS THAT THEY, THEY ALL AGREE, BUT, BUT Y'ALL DO TAKE CARE TO, TO CITE FOR THE RECORD.
AND SO THAT'S STUFF YOU'RE ALREADY DOING.
AND I'M GUESSING THE LEGISLATURE THOUGHT PEOPLE SOMEWHERE.
SOME BCA SOMEWHERE IN TENNESSEE DIDN'T REALLY EXPLAIN THEMSELVES WELL, BUT THEY HAD TO TELL US TO DO THIS.
AND I CAN GO LINE BY LINE IF YOU WANT, BUT THAT'S, THAT'S A SUMMARY OF THE CHANGES.
WE RECOMMEND APPROVAL, WEM AVAILABLE FOR ANY QUESTIONS FOR FOLLOWS.
ARE THERE ANY RULES ABOUT, IT HAS TO BE TABLED FOR SO LONG OR ANYTHING LIKE THAT, OR SOMETHING LIKE THAT? IT DOESN'T, WE JUST HAVE TO ADVERTISE, WHICH WE DID.
AND THEN, SO IT HAS TO BE PUBLICLY ADVERTISED, RIGHT? MAKING SURE IS THIS AOP BY EVERY TOWN IN TENNESSEE? ESSENTIALLY? THEY WILL ALL NEED TO, AND HOPEFULLY THEY'VE GOT PROFESSIONAL STAFF THAT KEEPS UP WITH THESE LAWS AND THAT PUTS THESE THINGS IN THERE.
BUT, AND IF THEY DON'T, THEN THEY OPEN THEMSELVES UP TO, UM, TO A CHALLENGE.
UM, SO IT WOULD BE A BAD THING IF THEY DIDN'T CONDUCT THEMSELVES IN THIS WAY, BUT WHICH ARE THEY LEARNED TO DO THE RIGHT THING? I'M JUST CURIOUS WHO INITIATES THIS ADVENTURE? STATE LAWS ARE, ARE MYSTERIOUS SOMETIMES LIKE, YOU KNOW, LIKE THIS ONE ISSUE CAUSED THIS ONE THING, BUT IT COULD HAVE BEEN THAT MAYBE SOMEBODY FELT AGGRIEVED BY A DECISION OR MAYBE A VCA WASN'T KEEPING GOOD RECORDS.
UH, MAYBE IT'S A SMALL TOWN SOMEWHERE.
AND SOME SOMEBODY WAS OFFENDED BY BY WHAT HAPPENED OR, OR DAMAGED BY, BY WHAT HAPPENED.
SO THEY MAY APPROACH THEIR LEGISLATOR AND SAY, HEY, THIS HAPPENED TO ME.
AND CAN YOU, CAN YOU MAKE SURE THE BCAS NEVER DO THIS TO ANYBODY ELSE ACROSS THE STATE? AND THAT'S, THAT'S, THAT'S HOW THINGS BECOME LOST SOMETIMES.
AND SOMETIMES THEY'LL THREATEN TO ADOPT LAWS AND THEY REALLY WON'T EVER DO IT.
BUT SOMETIMES THINGS LIKE THIS GET ACROSS THE FINISH LINE AND THEN, THEN WE HAVE TO RESPOND.
BUT THESE, THESE ARE PRETTY EASY TO RESPOND TO.
UH, THE PLAINTIFF COMMISSION WILL BE DEALING WITH SOME STUFF THAT'S NOT AS EASY TO RESPOND TO.
UH, COMING OUT THE LEGISLATURE, THERE'S, THERE'S A NEW SHOCK CLOCK THAT APPLIES TO, WE HAVE TO HAVE APPROVED DEVELOPMENT APPLICATIONS WITHIN LIKE 60 DAYS.
UH, WHICH IS, UH, PROBABLY GOOD FOR SOME BAD, IT'S BAD AS
AND SO THE CONSEQUENCE WOULD BE, I'M RAMBLING ON THAT, BUT NOT EVERYTHING IS IN ORDER.
SO IF IT'S NOT IN ORDER, IT MIGHT BE DENIED.
SO THAT THAT CREATES A WHOLE OTHER SET OF ISSUES.
BUT I'M SURE THE LEGISLATURE WILL TAKE CARE OF IN THE NEXT SESSION.
WE AJOUR, I GOT ANYTHING ELSE? WE GOTTA TAKE A MOTION, SO WE'LL TAKE A VOTE ON THAT.
SO WE NEED TO VOTE ON THIS, RIGHT? YOU SECOND A VOTE ON THE, THE BYLAWS? WE DO, YES.
SO SOMEBODY ACCEPT THE BYLAWS IS PRESENTED.
CAN I DO THAT? THAT BASIC? IS THAT OKAY? SECOND.
THERE SOMETHING FOR YOU? YEAH.
UH, THERE'S FOUR HOURS OF MINIMUM REQUIRED, UH, TRAINING, UH, BY THE STATE.
IT IS DUE AT THE END OF THE YEAR AND THAT'S FOR THE PC AND BZA.
UM, YOU SHOULD BE ABLE TO SEE SOME UPDATED OPPORTUNITIES ON THE MEMO HANDOUT.
IT HAS SOME LINKS TO WATCH VIDEOS.
UM, AND IT'S GOING TO BE RELEASED
[00:35:01]
ON THE SEVENTH, THE 6TH OF JULY.UM, AND JAMIE'S EMAIL FROM TODAY, AND WE DON'T HAVE ANYTHING ON THE DDA FOR NEXT MONTH, BUT THE DEADLINE IS THE 26TH, WHICH IS UM, TUESDAY.
DO YOU HAVE HOURS, UH, WE'VE EARNED LISTED RIGHT THERE BY YOU.
UM, ANGELA MIGHT HAVE THOSE I CAN GET WITH ANGELA AND SEE HOW MANY HOURS Y'ALL NEED OR HOW MANY HOURS Y'ALL EARNED SO FAR.