Subtitles for 04/16/15 Metro Board of Zoning Appeals Meeting

  Pause sub
BOARD'S DECISION, ANY APPROVAL
MAY BE REVOKED AT A LATER DATE
BOARD'S DECISION, ANY APPROVAL MAY BE REVOKED AT A LATER DATE
BY MEANS AFTER SHOW CAUSE
MAY BE REVOKED AT A LATER DATE
BY MEANS AFTER SHOW CAUSE HEARING.
THE BOARD WILL GO THROUGH ALL
HEARING.
THE BOARD WILL GO THROUGH ALL CASES SET FOR PUBLIC HEARING
TODAY.
CASES SET FOR PUBLIC HEARING
TODAY. AFTER EACH CASE, THE BOARD WILL
DISCUSS AND VOTE ON THAT CASE.
AFTER EACH CASE, THE BOARD WILL DISCUSS AND VOTE ON THAT CASE.
THE BOARD IS VESTED WITH THE
DISCUSS AND VOTE ON THAT CASE. THE BOARD IS VESTED WITH THE
POWER TO ACT ON THESE CASES
THE BOARD IS VESTED WITH THE
POWER TO ACT ON THESE CASES BEFORE US TODAY UNDER THE
METROPOLITAN CODE SECTION
BEFORE US TODAY UNDER THE METROPOLITAN CODE SECTION
17.40.180.
METROPOLITAN CODE SECTION
17.40.180. THE BOARD REQUIRES FOUR MEMBERS
OF THE SEVEN-MEMBER BOARD TO BE
THE BOARD REQUIRES FOUR MEMBERS
OF THE SEVEN-MEMBER BOARD TO BE PRESENT TO CONSTITUTE A QUORUM
AND WE HAVE A QUORUM TODAY.
PRESENT TO CONSTITUTE A QUORUM AND WE HAVE A QUORUM TODAY.
THE COAT ALSO REQUIRED FOUR
AND WE HAVE A QUORUM TODAY. THE COAT ALSO REQUIRED FOUR
AFFIRMATIVE VOTES TO GRANT YOUR
THE COAT ALSO REQUIRED FOUR AFFIRMATIVE VOTES TO GRANT YOUR
APPLICATION.
AFFIRMATIVE VOTES TO GRANT YOUR
APPLICATION. IN THE EVENT THERE ARE ONLY FOUR
MEMBERS PRESENT AND THERE ARE
IN THE EVENT THERE ARE ONLY FOUR MEMBERS PRESENT AND THERE ARE
NOT FOUR VOTES, THE APPELLANT
MEMBERS PRESENT AND THERE ARE NOT FOUR VOTES, THE APPELLANT
SHOULD BE -- THE CASE SHALL BE
NOT FOUR VOTES, THE APPELLANT SHOULD BE -- THE CASE SHALL BE
READVERTISED FOR ANOTHER PUBLIC
SHOULD BE -- THE CASE SHALL BE
READVERTISED FOR ANOTHER PUBLIC
HEARING.
IF THERE ARE NOT FOUR
HEARING. IF THERE ARE NOT FOUR
AFFIRMATIVE VOTES THE CASE WILL
IF THERE ARE NOT FOUR AFFIRMATIVE VOTES THE CASE WILL
REMAIN ON THE BOARD'S AGENDA FOR
AFFIRMATIVE VOTES THE CASE WILL REMAIN ON THE BOARD'S AGENDA FOR
30 DAYS.
REMAIN ON THE BOARD'S AGENDA FOR
30 DAYS. IF YOU FAIL TO RECEIVE FOUR
AFIFTIVE VOTES SHALL BE DEEMED
IF YOU FAIL TO RECEIVE FOUR AFIFTIVE VOTES SHALL BE DEEMED
DENIED BY OPERATION OF LAW.
AFIFTIVE VOTES SHALL BE DEEMED
DENIED BY OPERATION OF LAW. THE APPELLANT OR ANY AGREED
PROPERTY OWNER MAY REQUEST A
THE APPELLANT OR ANY AGREED PROPERTY OWNER MAY REQUEST A
PROPERTY OWNER MAY REQUEST A
REHEARING WITHIN 60 DAYS OF THIS
PUBLIC ARGUE.
REHEARING WITHIN 60 DAYS OF THIS PUBLIC ARGUE.
PUBLIC ARGUE.
FURTHER, THE APPELLANT OR ANY
AGREED PROPERTY OWNER MAY ALSO
FURTHER, THE APPELLANT OR ANY AGREED PROPERTY OWNER MAY ALSO
APPEAL THE BOARD'S DECISION TO
AGREED PROPERTY OWNER MAY ALSO
APPEAL THE BOARD'S DECISION TO THE CHANCERY COURT WITHIN THAT
SAME 60-DAY PERIOD.
THE CHANCERY COURT WITHIN THAT
SAME 60-DAY PERIOD. AFTER THAT TIME HASA LEAPED,
THE -- HAS ELAPSED, THE BOARD'S
AFTER THAT TIME HASA LEAPED, THE -- HAS ELAPSED, THE BOARD'S
DECISION BECOMES FINAL.
THE -- HAS ELAPSED, THE BOARD'S
DECISION BECOMES FINAL. IF YOU'RE AN APARTMENT AND YOUR
CASE IS GRANTED, IT WILL BE
IF YOU'RE AN APARTMENT AND YOUR CASE IS GRANTED, IT WILL BE
NECESSARY FOR YOU TO OBTAIN THE
CASE IS GRANTED, IT WILL BE
NECESSARY FOR YOU TO OBTAIN THE PERMIT FOR WHICH YOU APPLIED.
A PERMIT MUST BE CONTAINED
PERMIT FOR WHICH YOU APPLIED. A PERMIT MUST BE CONTAINED
WITHIN TWO YEARS FOR A BARD'S
A PERMIT MUST BE CONTAINED WITHIN TWO YEARS FOR A BARD'S
ARAINFALL TO RE -- BOARD'S
WITHIN TWO YEARS FOR A BARD'S ARAINFALL TO RE -- BOARD'S
REPROVAL REMAIN VALID.
ARAINFALL TO RE -- BOARD'S
REPROVAL REMAIN VALID.
ALL APPELLANTS HAVE BEEN
NOTIFIED BY CERTIFIED MAIL.
ALL APPELLANTS HAVE BEEN
NOTIFIED BY CERTIFIED MAIL.
ALL AFFECTED PROPERTY OWNERS
HAVE BEEN NOTIFIED AND THE LEGAL
ALL AFFECTED PROPERTY OWNERS
HAVE BEEN NOTIFIED AND THE LEGAL AD HAS BEEN PUBLISHED AS
REQUIRED BY THE CODE.
AD HAS BEEN PUBLISHED AS
REQUIRED BY THE CODE. DO WE HAVE ANY ELECTED OFFICIALS
HERE TODAY?
DO WE HAVE ANY ELECTED OFFICIALS HERE TODAY?
SEEING NONE, DO WE HAVE ANY
HERE TODAY? SEEING NONE, DO WE HAVE ANY
PRELIMINARY ANNOUNCEMENTS?
SEEING NONE, DO WE HAVE ANY PRELIMINARY ANNOUNCEMENTS?
OKAY.
PRELIMINARY ANNOUNCEMENTS?
OKAY. THE BOARD HAS A CONSENT AGENDA
TODAY.
THE BOARD HAS A CONSENT AGENDA
TODAY. A BOARD MEMBER REVIEWS THE
A BOARD MEMBER REVIEWS THE
RECORD ON EACH CASE PRIOR TO THE
HEARING AND IF IN THEIR OPINION
THE APPLICANT MEET THE CRITERIA
HEARING AND IF IN THEIR OPINION
THE APPLICANT MEET THE CRITERIA
FOR THE APPLICATION REQUESTED,
AND THEY TEAL THE TESTIMONY IN
FOR THE APPLICATION REQUESTED,
AND THEY TEAL THE TESTIMONY IN THE CASE WOULD NOT ALTER THE
MATERIAL FACTS, THEY RECOMMEND
THE CASE WOULD NOT ALTER THE
MATERIAL FACTS, THEY RECOMMEND THE CASE TO THE REMAINDER OF THE
BOARD FOR APPROVAL.
THE CASE TO THE REMAINDER OF THE
BOARD FOR APPROVAL. WE WILL ENTER INTO THE RECORD
THOSE CASES THAT HAVE BEEN
WE WILL ENTER INTO THE RECORD
THOSE CASES THAT HAVE BEEN RECOMMENDED AND IF THERE'S
ANYONE OPPOSED TO THOSE CASES,
RECOMMENDED AND IF THERE'S
ANYONE OPPOSED TO THOSE CASES, PLEASE RAISE YOUR HAND AND WE
WILL REMOVE THAT CASE FROM THE
PLEASE RAISE YOUR HAND AND WE WILL REMOVE THAT CASE FROM THE
CONTENT AGENDA AND IT WILL BE
WILL REMOVE THAT CASE FROM THE
CONTENT AGENDA AND IT WILL BE HEARD IN ITS REGULAR ORDER.
MR. WHITSON HAS BEEN KIND ENOUGH
HEARD IN ITS REGULAR ORDER. MR. WHITSON HAS BEEN KIND ENOUGH
TO REVIEW OUR AGENDA FOR TODAY
MR. WHITSON HAS BEEN KIND ENOUGH TO REVIEW OUR AGENDA FOR TODAY
AND WE HAVE TWO CASES THAT ARE
TO REVIEW OUR AGENDA FOR TODAY AND WE HAVE TWO CASES THAT ARE
SLATED FOR THEONONSENT AGENDA.
AND WE HAVE TWO CASES THAT ARE SLATED FOR THEONONSENT AGENDA.
THE FIRST CASE THAT IS ON THE
SLATED FOR THEONONSENT AGENDA. THE FIRST CASE THAT IS ON THE
CONSENT AGENDA IS CASE NUMBER
THE FIRST CASE THAT IS ON THE CONSENT AGENDA IS CASE NUMBER
2005-038.
CONSENT AGENDA IS CASE NUMBER
2005-038. THAT IS ADAM CRUNK, APPELLANT,
AND CFR INVESTMENTS, OWNER OF
THAT IS ADAM CRUNK, APPELLANT, AND CFR INVESTMENTS, OWNER OF
THE PROPERTY LOCATED AT 41
AND CFR INVESTMENTS, OWNER OF THE PROPERTY LOCATED AT 41
LONE OAK ROAD REQUESTING A
THE PROPERTY LOCATED AT 41 LONE OAK ROAD REQUESTING A
RIRICECEN N E E STREET SETBACK.
LONE OAK ROAD REQUESTING A RIRICECEN N E E STREET SETBACK.
IS THEREANANODOD HEREININ
RIRICECEN N E E STREET SETBACK.
IS THEREANANODOD HEREININ OPOPPOSITION TO CASEUMUMRR 38?
[I[INAUDIBLE]
OPOPPOSITION TO CASEUMUMRR 38?
[I[INAUDIBLE]
>> OKAY.
N,N,HAHAWE CANAN D D IS S MA'AM
>> OKAY. N,N,HAHAWE CANAN D D IS S MA'AM
N,N,HAHAWE CANAN D D IS S MA'AM
WHWHATE E CAN ISIS WEANAN KIKIK
ISCACA TO E TAIL OF THE
WHWHATE E CAN ISIS WEANAN KIKIK ISCACA TO E TAIL OF THE
ISCACA TO E TAIL OF THE
DOCKET AND I WOULD ENCOURAGE YOU
TO GET WITH THE APPLICICT,
DOCKET AND I WOULD ENCOURAGE YOU TO GET WITH THE APPLICICT,
PREPARATION RIGHT NOW, AND TALK
TO GET WITH THE APPLICICT, PREPARATION RIGHT NOW, AND TALK
IT -- PERHAPS RIGHT NOW, AND
PREPARATION RIGHT NOW, AND TALK
IT -- PERHAPS RIGHT NOW, AND TALK IT OVER WITH THEM AND SEE
IF THERE'S A RESOLUTION THERE
TALK IT OVER WITH THEM AND SEE IF THERE'S A RESOLUTION THERE
AND WE'LL HOLD THAT CASE IN
IF THERE'S A RESOLUTION THERE
AND WE'LL HOLD THAT CASE IN AWAYANS FOR RIGHT NOW.
-- AWAYANS RIGHT NOW.
AWAYANS FOR RIGHT NOW. -- AWAYANS RIGHT NOW.
-- --
-- AWAYANS RIGHT NOW. -- --
>>> WE HAVE RIVER OF LIFE CHURCH
-- --
>>> WE HAVE RIVER OF LIFE CHURCH OF GOD APPELLANT AND RIVER OF
LIFE CHURCH OF GOD, THE TRS
OF GOD APPELLANT AND RIVER OF LIFE CHURCH OF GOD, THE TRS
OWNER OF THE PROPERTY LOCATED AT
LIFE CHURCH OF GOD, THE TRS OWNER OF THE PROPERTY LOCATED AT
224 DISWIEWRTS FERRY PIKE.
OWNER OF THE PROPERTY LOCATED AT 224 DISWIEWRTS FERRY PIKE.
IS THERE ANYBODY HERE IN
224 DISWIEWRTS FERRY PIKE. IS THERE ANYBODY HERE IN
OPPOSITION TO CASE 39 LOCATED ON
IS THERE ANYBODY HERE IN OPPOSITION TO CASE 39 LOCATED ON
STEWARTS FERRY PIKE?
OPPOSITION TO CASE 39 LOCATED ON STEWARTS FERRY PIKE?
SEEING NONE, MR. CHAIRMAN, IT
STEWARTS FERRY PIKE?
SEEING NONE, MR. CHAIRMAN, IT LOOKS LIKE WE HAVE THE CASE
NUMBER 39 READY FOR THE CONSENT
LOOKS LIKE WE HAVE THE CASE NUMBER 39 READY FOR THE CONSENT
AND IF YOU WANT TO KICK CASE 38
NUMBER 39 READY FOR THE CONSENT AND IF YOU WANT TO KICK CASE 38
OUT, WE CAN DO THAT AS WELL.
AND IF YOU WANT TO KICK CASE 38 OUT, WE CAN DO THAT AS WELL.
OUT, WE CAN DO THAT AS WELL.
>> OKAY.
SO WE HAVE A MOTION FOR CONSENT
>> OKAY.
SO WE HAVE A MOTION FOR CONSENT ON CASE 39.
IS THERE A SECOND?
ON CASE 39.
IS THERE A SECOND? >> SECOND.
>> SECOND.
>> GOT A MOTION, GOT A SECOND.
ALL IN FAVOR?
>> GOT A MOTION, GOT A SECOND.
ALL IN FAVOR?
ANY OPPOSED?
PASSES.
ANY OPPOSED?
PASSES.
>> THANK YOU, MR. CHAIRMAN.
>> ANYBODY THAT'S INVOLVED WITH
>> THANK YOU, MR. CHAIRMAN.
>> ANYBODY THAT'S INVOLVED WITH CASE 39, YOU ARE FREE TO LEAVE.
PLEASE REMEMBER THAT YOU NEED TO
CASE 39, YOU ARE FREE TO LEAVE.
PLEASE REMEMBER THAT YOU NEED TO COME AND PICK UP YOUR PERMITS
STARTING ON MONDAY.
COME AND PICK UP YOUR PERMITS STARTING ON MONDAY.
OKAY.
STARTING ON MONDAY.
OKAY. GOING TO THE TOP OF THE AGENDA,
WE HAVE THE FIRST CASE, WHICH I
GOING TO THE TOP OF THE AGENDA, WE HAVE THE FIRST CASE, WHICH I
WILL CALL.
WE HAVE THE FIRST CASE, WHICH I
WILL CALL. IT'S CASE NUMBER 2015 --
>> SHOULD WE -- AREN'T THERE
IT'S CASE NUMBER 2015 --
>> SHOULD WE -- AREN'T THERE SOME DEFERRALS?
SHOULD WE ANNOUNCE THOSE IN CASE
SOME DEFERRALS?
SHOULD WE ANNOUNCE THOSE IN CASE THERE ARE PEOPLE FOR THAT?
>> THANK YOU.
THERE ARE PEOPLE FOR THAT?
>> THANK YOU. WE HAD PUT THESE DEFERRALS ON
THE WEBSITE, SO HOPEFULLY
WE HAD PUT THESE DEFERRALS ON THE WEBSITE, SO HOPEFULLY
EVERYBODY KNOWS.
THE WEBSITE, SO HOPEFULLY EVERYBODY KNOWS.
EVERYBODY KNOWS.
BUT CASE NUMBER 2015024,
WOODMONT BOULEVARD, HAS BEEN
BUT CASE NUMBER 2015024,
WOODMONT BOULEVARD, HAS BEEN DEFERRED TO MAY THE 7th.
THE ANYBODY IS HERE ON THAT
DEFERRED TO MAY THE 7th. THE ANYBODY IS HERE ON THAT
CASE, IT HAS BEEN DEFERRED TO
THE ANYBODY IS HERE ON THAT
CASE, IT HAS BEEN DEFERRED TO MAY 7th.
ALSO, CASE NUMBER 37, LOCATED ON
MAY 7th. ALSO, CASE NUMBER 37, LOCATED ON
ALSO, CASE NUMBER 37, LOCATED ON
NICKEL LANE, HAS ALSO BEEN
DELIVERED TO MAY THE 7th.
NICKEL LANE, HAS ALSO BEEN
DELIVERED TO MAY THE 7th.
ANYBODY HERE FOR THOSE CASES?
-- NICOLE LANE.
ANYBODY HERE FOR THOSE CASES?
-- NICOLE LANE.
THEY BOTH WILL BE HEARD ON THE
REGULAR MEETING MAY THE 7th.
THEY BOTH WILL BE HEARD ON THE REGULAR MEETING MAY THE 7th.
THANK YOU FOR THAT,
REGULAR MEETING MAY THE 7th.
THANK YOU FOR THAT,
MR. CHAIRMAN.
OKAY.
CALLING THE FIRST CASE, CASE
OKAY. CALLING THE FIRST CASE, CASE
2015-009, THIS IS MR. DUANE
CALLING THE FIRST CASE, CASE 2015-009, THIS IS MR. DUANE
2015-009, THIS IS MR. DUANE
CUTHBERTSON, APPELLANT, AND
SHELBY STREET PROPERTIES,
PARTNERS, GP.
SHELBY STREET PROPERTIES,
PARTNERS, GP. OWNER OF THE PROPERTY LOCATED AT
1002 LAWRENCE AVENUE, REQUESTING
OWNER OF THE PROPERTY LOCATED AT 1002 LAWRENCE AVENUE, REQUESTING
VARIANCES IN THE SIDESTREET,
1002 LAWRENCE AVENUE, REQUESTING VARIANCES IN THE SIDESTREET,
THAT'S THE 10th AFTER SOUTH
VARIANCES IN THE SIDESTREET, THAT'S THE 10th AFTER SOUTH
SETBACK, IN THE R8 UZO DISTRICT
THAT'S THE 10th AFTER SOUTH SETBACK, IN THE R8 UZO DISTRICT
TO CONSTRICT A SECOND NEW
SETBACK, IN THE R8 UZO DISTRICT TO CONSTRICT A SECOND NEW
SINGLE-FAMILY 2,467-SQUARE-FOOT
TO CONSTRICT A SECOND NEW SINGLE-FAMILY 2,467-SQUARE-FOOT
RESIDENCE.
SINGLE-FAMILY 2,467-SQUARE-FOOT
RESIDENCE. THIS IS REFERRED TO THE BOARD
UNDER SECTION 17.12.030C2,
THIS IS REFERRED TO THE BOARD UNDER SECTION 17.12.030C2,
17.20.060D.
UNDER SECTION 17.12.030C2,
17.20.060D. THE APPELLANT HAS ALLEGED THAT
THE BOARD WOULD HAVE
THE APPELLANT HAS ALLEGED THAT THE BOARD WOULD HAVE
JURISDICTION UNDER SECTION
THE BOARD WOULD HAVE JURISDICTION UNDER SECTION
17.40.080B.
JURISDICTION UNDER SECTION
17.40.080B. WE'LL GO AHEAD AND PRESENT OUR
POWERPOINT PRESENTATION AND ARE
WE'LL GO AHEAD AND PRESENT OUR POWERPOINT PRESENTATION AND ARE
THERE ANY PARTIES HERE IN
POWERPOINT PRESENTATION AND ARE THERE ANY PARTIES HERE IN
THERE ANY PARTIES HERE IN
OPPOSITION TO THIS CASE?
SEEING NONE, MR. CUTHBERTSON,
OPPOSITION TO THIS CASE? SEEING NONE, MR. CUTHBERTSON,
YOU WILL HAVE 10 MINUTES AND AS
SEEING NONE, MR. CUTHBERTSON, YOU WILL HAVE 10 MINUTES AND AS
SOON AS WE DO OUR POWER POINT,
YOU WILL HAVE 10 MINUTES AND AS SOON AS WE DO OUR POWER POINT,
SOON AS WE DO OUR POWER POINT,
MR. HARRISON.
>> I'M SORRY.
MR. HARRISON.
>> I'M SORRY. BECAUSE THIS ISN'T A FULL
REHEARING, DON'T WE NEED TO
BECAUSE THIS ISN'T A FULL
REHEARING, DON'T WE NEED TO ANNOUNCE -- OR GIVE SOME PEOPLE
THE OPPORTUNITY TO JUMP IN --
ANNOUNCE -- OR GIVE SOME PEOPLE THE OPPORTUNITY TO JUMP IN --
THE OPPORTUNITY TO JUMP IN --
>> WE DO.
THANK YOU, THANK YOU.
>> WE DO. THANK YOU, THANK YOU.
MR. CARPEN DESNECK WAS NOT
THANK YOU, THANK YOU.
MR. CARPEN DESNECK WAS NOT INVOLVED IN THE FIRST HEARINGS
OF THIS CASE.
INVOLVED IN THE FIRST HEARINGS
OF THIS CASE. HOWEVER, IN THE INTERRUM, SHE
HAS REVIEWED THE CASE RECORD,
HOWEVER, IN THE INTERRUM, SHE
HAS REVIEWED THE CASE RECORD, SHE HAS WATCHED THE VIDEOS AND
DO YOU FEEL LIKE BASED UPON YOUR
SHE HAS WATCHED THE VIDEOS AND DO YOU FEEL LIKE BASED UPON YOUR
REVIEW, THAT YOU ARE PREPARED
DO YOU FEEL LIKE BASED UPON YOUR
REVIEW, THAT YOU ARE PREPARED
AND CAN HEAR THIS CASE TODAY AS
A VOTING MEMBER ON THE BOARD?
AND CAN HEAR THIS CASE TODAY AS A VOTING MEMBER ON THE BOARD?
>> YES.
A VOTING MEMBER ON THE BOARD?
>> YES. >> VERY GOOD.
>> MR. HARRISON?
>> VERY GOOD.
>> MR. HARRISON? >> THE PROPERTY LOCATED THE
CORNER OF LAWRENCE AND 10th.
>> THE PROPERTY LOCATED THE CORNER OF LAWRENCE AND 10th.
THAT'S THE EXISTING HOUSE ON THE
CORNER OF LAWRENCE AND 10th. THAT'S THE EXISTING HOUSE ON THE
TOP RIGHT THERE.
THAT'S THE EXISTING HOUSE ON THE
TOP RIGHT THERE. THAT'S ON THE PROPERTY NOW.
AND THE PROPERTIES ACROSS THE
THAT'S ON THE PROPERTY NOW. AND THE PROPERTIES ACROSS THE
STREET ON THE VERY BOTTOM.
AND THE PROPERTIES ACROSS THE STREET ON THE VERY BOTTOM.
THIS IS THE SITE PLAN WHICH
STREET ON THE VERY BOTTOM.
THIS IS THE SITE PLAN WHICH SHOWS THE -- THERE'S A LITTLE
DAIRY DIP TYPE BUILDING THERE TO
SHOWS THE -- THERE'S A LITTLE
DAIRY DIP TYPE BUILDING THERE TO THE BACK.
IT'S EXISTING.
THE BACK. IT'S EXISTING.
THESE ARE SOME SIGNATURES ON THE
IT'S EXISTING. THESE ARE SOME SIGNATURES ON THE
PETITION OF SUPPORT FOR IT.
THESE ARE SOME SIGNATURES ON THE PETITION OF SUPPORT FOR IT.
THESE ARE SHOWING SETBACKS OF
PETITION OF SUPPORT FOR IT. THESE ARE SHOWING SETBACKS OF
OTHER HOUSES THAT ARE UP AND
THESE ARE SHOWING SETBACKS OF OTHER HOUSES THAT ARE UP AND
DOWN THROUGH THERE NOW.
OTHER HOUSES THAT ARE UP AND
DOWN THROUGH THERE NOW. SOME OF THEM SHOWING DIFFERENT O
THE LEFT-HAND SIDE THEY RANGE
SOME OF THEM SHOWING DIFFERENT O THE LEFT-HAND SIDE THEY RANGE
FROM SIX FEET TO 14 1/2 FEET, I
THE LEFT-HAND SIDE THEY RANGE FROM SIX FEET TO 14 1/2 FEET, I
BELIEVE.
FROM SIX FEET TO 14 1/2 FEET, I
BELIEVE. 14 AND 3/4.
AND HERE'S SOME PICTURES OF
14 AND 3/4. AND HERE'S SOME PICTURES OF
THOSE HOUSES AS FAR AS THOSE
AND HERE'S SOME PICTURES OF
THOSE HOUSES AS FAR AS THOSE DIMENSIONS GO OFF 10th AVENUE.
DIMENSIONS GO OFF 10th AVENUE.
AND THESE ARE SOME MORE HOUSES
UP AND DOWN BOTH SIDES OF THE
AND THESE ARE SOME MORE HOUSES UP AND DOWN BOTH SIDES OF THE
UP AND DOWN BOTH SIDES OF THE
STREET HERE THAT'S SHOWN CLOSER
THAN THE 20
STREET HERE THAT'S SHOWN CLOSER THAN THE 20
THIS IS THE SP FOR
THAN THE 20 THIS IS THE SP FOR
MULTIFAMILY.
THIS IS THE SP FOR
MULTIFAMILY. IT'S NOT BUILT YET BUT THAT'S
THAT THEY'RE PROPOSING THERE.
IT'S NOT BUILT YET BUT THAT'S THAT THEY'RE PROPOSING THERE.
THESE ARE SOME MORE PHOTOGRAPHS
THAT THEY'RE PROPOSING THERE.
THESE ARE SOME MORE PHOTOGRAPHS OF THE PROPERTIES.
THE TOP PROPERTY IS AN EXISTING
OF THE PROPERTIES. THE TOP PROPERTY IS AN EXISTING
HOUSE THAT -- LOOKING UP THE
THE TOP PROPERTY IS AN EXISTING HOUSE THAT -- LOOKING UP THE
STREET, GOING UP LAWRENCE, THE
HOUSE THAT -- LOOKING UP THE STREET, GOING UP LAWRENCE, THE
SECOND PHOTO, AND THE THIRD
STREET, GOING UP LAWRENCE, THE
SECOND PHOTO, AND THE THIRD PHOTO DOWN IS THE COMMERCIAL
BUILDING IN THE REAR.
PHOTO DOWN IS THE COMMERCIAL BUILDING IN THE REAR.
>> ARE THOSE HOUSES IN RED ON
BUILDING IN THE REAR. >> ARE THOSE HOUSES IN RED ON
11th, ARE THOSE -- IS THAT A
>> ARE THOSE HOUSES IN RED ON 11th, ARE THOSE -- IS THAT A
CONNECTOR STREET, TOO -- I'M NOT
11th, ARE THOSE -- IS THAT A CONNECTOR STREET, TOO -- I'M NOT
SURE WHY WE'RE SEEING THIS?
CONNECTOR STREET, TOO -- I'M NOT SURE WHY WE'RE SEEING THIS?
>> THE ONE TO THE NORTH IS
SURE WHY WE'RE SEEING THIS?
>> THE ONE TO THE NORTH IS
11th AND DOUGLAS AND THE ONE
ON THE SOUTH IS LAWRENCE AND
11th AND DOUGLAS AND THE ONE ON THE SOUTH IS LAWRENCE AND
11th AND THAT IS -- THAT'S
ON THE SOUTH IS LAWRENCE AND 11th AND THAT IS -- THAT'S
REFERENCING THE -- THE YELLOW IS
11th AND THAT IS -- THAT'S
REFERENCING THE -- THE YELLOW IS REFERENCING THE HOUSE WHERE
THEY'RE PROPOSING TO BUILD A
REFERENCING THE HOUSE WHERE THEY'RE PROPOSING TO BUILD A
SECOND UNIT TO THE RIGHT OF THE
THEY'RE PROPOSING TO BUILD A
SECOND UNIT TO THE RIGHT OF THE EXISTING HOUSE.
AND THOSE ARE REFERENCES SHOWING
EXISTING HOUSE. AND THOSE ARE REFERENCES SHOWING
THE OTHERS HOW CLOSE THEY ARE TO
AND THOSE ARE REFERENCES SHOWING
THE OTHERS HOW CLOSE THEY ARE TO THE PROPERTY LINE.
>> BUT, BUT I'M -- RIGHT, BUT
THE PROPERTY LINE. >> BUT, BUT I'M -- RIGHT, BUT
I'M ASKING IF 11th AND 10th
>> BUT, BUT I'M -- RIGHT, BUT I'M ASKING IF 11th AND 10th
I'M ASKING IF 11th AND 10th
ARE THE TYPE TYPE OF COLLECTOR
STREET, IF THEY WOULD HAVE THE
ARE THE TYPE TYPE OF COLLECTOR
STREET, IF THEY WOULD HAVE THE SAME CODE REQUIREMENTS.
>> I BELIEVE THEY DO.
SAME CODE REQUIREMENTS. >> I BELIEVE THEY DO.
BECAUSE I DON'T THINK -- LET ME
>> I BELIEVE THEY DO. BECAUSE I DON'T THINK -- LET ME
SEE.
BECAUSE I DON'T THINK -- LET ME SEE.
NO, LET ME SEE.
SEE. NO, LET ME SEE.
NO, LET ME SEE.
GOT TO BACK IT UP.
>> I -- I'M JUST NOT SURE WHY
GOT TO BACK IT UP. >> I -- I'M JUST NOT SURE WHY
WE'RE SEEING THE COMPARISON --
>> I -- I'M JUST NOT SURE WHY WE'RE SEEING THE COMPARISON --
>> THAT'S BEEN SUBMITTED BY THE
WE'RE SEEING THE COMPARISON -- >> THAT'S BEEN SUBMITTED BY THE
APPLICANT.
>> THAT'S BEEN SUBMITTED BY THE
APPLICANT. >> I THINK THE APPLICANT CAN
SPEAK TO THAT IN HIS
>> I THINK THE APPLICANT CAN
SPEAK TO THAT IN HIS PRESENTATION.
>> OKAY.
PRESENTATION. >> OKAY.
AND A LOT OF THESE OTHERS ARE
>> OKAY.
AND A LOT OF THESE OTHERS ARE SHOWING HOUSES IN THE SAME
NEIGHBORHOOD THAT ARE CLOSER
SHOWING HOUSES IN THE SAME
NEIGHBORHOOD THAT ARE CLOSER THAN THE PREVAILING SETBACKS.
AND THIS IS THE PROPOSED HOUSE
THAN THE PREVAILING SETBACKS. AND THIS IS THE PROPOSED HOUSE
THAT WOULD BE BUILT.
AND THIS IS THE PROPOSED HOUSE THAT WOULD BE BUILT.
AND THIS IS THE REFERENCES FROM
THAT WOULD BE BUILT. AND THIS IS THE REFERENCES FROM
THE HISTORIC -- AND THIS IS JUST
AND THIS IS THE REFERENCES FROM THE HISTORIC -- AND THIS IS JUST
THE SECOND OPTION THAT DUANE,
THE HISTORIC -- AND THIS IS JUST THE SECOND OPTION THAT DUANE,
THAT THEY HAVE HERE SHOWING
THE SECOND OPTION THAT DUANE,
THAT THEY HAVE HERE SHOWING WHERE THEY WANT TO PUT IT.
>> OKAY, MR. CUTHBERTSON, BEING
WHERE THEY WANT TO PUT IT.
>> OKAY, MR. CUTHBERTSON, BEING THAT YOU HAVE NO OPPOSITION ON
YOUR CASE, YOU HAVE 10 MINUTES.
THAT YOU HAVE NO OPPOSITION ON YOUR CASE, YOU HAVE 10 MINUTES.
ALL YOU.
YOUR CASE, YOU HAVE 10 MINUTES.
ALL YOU. >> MR. CHAIRMAN, MEMBERS OF THE
BOARD, MY NAME IS DAWNES.
>> MR. CHAIRMAN, MEMBERS OF THE
BOARD, MY NAME IS DAWNES. I -- DUANE CUTHBERTSON.
I'M REPRESENTING SHELBY STREET
I -- DUANE CUTHBERTSON. I'M REPRESENTING SHELBY STREET
PARTNERS.
I'M REPRESENTING SHELBY STREET
PARTNERS. ASHLEY DUGGER IS BESIDE, ONE OF
THE -- BESIDE ME, ONE OF THE
ASHLEY DUGGER IS BESIDE, ONE OF THE -- BESIDE ME, ONE OF THE
OWNERS OF THIS PROPERTY SEEKING
THE -- BESIDE ME, ONE OF THE
OWNERS OF THIS PROPERTY SEEKING THE VARIANCE REQUEST.
THE VARIANCE REQUEST.
THOSE ARE SLIDES I PUT TOGETHER
FOR MY PRESENTATION, SO I CAN
THOSE ARE SLIDES I PUT TOGETHER
FOR MY PRESENTATION, SO I CAN KIND OF EXPLAIN WHY SOME OF
THOSE IMAGES WERE INCLUDED.
KIND OF EXPLAIN WHY SOME OF
THOSE IMAGES WERE INCLUDED. BUT FIRST OFF, I JUST WANT TO
SAY THANK YOU FOR YOUR PATIENCE
BUT FIRST OFF, I JUST WANT TO
SAY THANK YOU FOR YOUR PATIENCE WITH US.
WE'VE BEEN BACK A FEW TIMES AND
WITH US. WE'VE BEEN BACK A FEW TIMES AND
WE'VE BEEN BACK A FEW TIMES AND
YOU'VE BEEN GRACIOUS ENOUGH TO
ALLOW US TO COME BACK AND
YOU'VE BEEN GRACIOUS ENOUGH TO ALLOW US TO COME BACK AND
PRESENT ADDITIONAL INFORMATION
ALLOW US TO COME BACK AND
PRESENT ADDITIONAL INFORMATION NR YOUR CONSIDERATION OF THE --
FOR YOUR CONSIDERATION.
NR YOUR CONSIDERATION OF THE --
FOR YOUR CONSIDERATION. I'D ALSO LIKE TO POINT OUT THAT
WE ARE BACK.
I'D ALSO LIKE TO POINT OUT THAT
WE ARE BACK. WE STARTED THIS PROCESS IN
DECEMBER.
WE STARTED THIS PROCESS IN
DECEMBER. AND OUR FIRST HEARING WAS THE
FIRST OF JANUARY.
AND OUR FIRST HEARING WAS THE FIRST OF JANUARY.
AND I THINK IT'S A TESTAMENT TO
FIRST OF JANUARY. AND I THINK IT'S A TESTAMENT TO
THE FACT THAT WE REALLY BELIEVE
AND I THINK IT'S A TESTAMENT TO
THE FACT THAT WE REALLY BELIEVE THAT WHAT WE'RE TRYING TO DO IS
THE RIGHT THING FOR THE
THAT WHAT WE'RE TRYING TO DO IS
THE RIGHT THING FOR THE NEIGHBORHOOD AND THE RIGHT THING
FOR THE PROPERTY.
NEIGHBORHOOD AND THE RIGHT THING FOR THE PROPERTY.
THE NEIGHBORHOOD ASSOCIATION
FOR THE PROPERTY. THE NEIGHBORHOOD ASSOCIATION
PRESIDENT IS HERE AGAIN AND SHE
THE NEIGHBORHOOD ASSOCIATION
PRESIDENT IS HERE AGAIN AND SHE HAS BEEN HERE AT MOST -- SHE'S
BEEN TO MOST OF THE MEETINGS TO
HAS BEEN HERE AT MOST -- SHE'S BEEN TO MOST OF THE MEETINGS TO
SUPPORT US, AND I THINK THAT TOO
BEEN TO MOST OF THE MEETINGS TO SUPPORT US, AND I THINK THAT TOO
REINFORCES THE NOTION THAT THE
SUPPORT US, AND I THINK THAT TOO
REINFORCES THE NOTION THAT THE NEIGHBORHOOD BELIEVES THAT WHAT
WE'RE SEEKING TO DO OR TO
NEIGHBORHOOD BELIEVES THAT WHAT WE'RE SEEKING TO DO OR TO
ACCOMPLISH WITH THIS VARIANCE IS
WE'RE SEEKING TO DO OR TO
ACCOMPLISH WITH THIS VARIANCE IS THE RIGHT THING FOR THIS
PROPERTY AND FOR THIS
THE RIGHT THING FOR THIS PROPERTY AND FOR THIS
NEIGHBORHOOD.
PROPERTY AND FOR THIS NEIGHBORHOOD.
NEIGHBORHOOD.
SO AGAIN, THANK YOU FOR YOUR
PATIENCE AND -- I'LL PROCEED.
SO AGAIN, THANK YOU FOR YOUR PATIENCE AND -- I'LL PROCEED.
AS MR. HERBERT NOTED, OUR
PATIENCE AND -- I'LL PROCEED.
AS MR. HERBERT NOTED, OUR REQUEST IS ONLY A -- FOR A
VARIANCE TO REDUCE THE
REQUEST IS ONLY A -- FOR A
VARIANCE TO REDUCE THE SIDESTREET SETBACK.
THE SIDE STREET SETBACK ALONG
SIDESTREET SETBACK. THE SIDE STREET SETBACK ALONG
10th AVENUE FROM THE CODE
THE SIDE STREET SETBACK ALONG
10th AVENUE FROM THE CODE REQUIREMENT OF 20 DOWN TO 10
FEET.
REQUIREMENT OF 20 DOWN TO 10
FEET. AND THIS IS TO PERMIT THE
CONSTRUCTION OF A SECOND
AND THIS IS TO PERMIT THE CONSTRUCTION OF A SECOND
SINGLE-FAMILY DWELLING IN A
CONSTRUCTION OF A SECOND
SINGLE-FAMILY DWELLING IN A MANNER THAT WE FEEL IS
CONTEXTURAL WITH THE SURROUNDING
MANNER THAT WE FEEL IS
CONTEXTURAL WITH THE SURROUNDING NEIGHBORHOOD.
THIS IS AN OLDER NEIGHBORHOOD
NEIGHBORHOOD. THIS IS AN OLDER NEIGHBORHOOD
THAT'S COMPOSED OF PRIMARILY
THIS IS AN OLDER NEIGHBORHOOD THAT'S COMPOSED OF PRIMARILY
OLDER, BUNGALOW TYPE, OR
THAT'S COMPOSED OF PRIMARILY OLDER, BUNGALOW TYPE, OR
HISTORIC HOMES WITH -- YOU KNOW,
OLDER, BUNGALOW TYPE, OR HISTORIC HOMES WITH -- YOU KNOW,
RELATIVELY WIDE PRESENTATION
HISTORIC HOMES WITH -- YOU KNOW, RELATIVELY WIDE PRESENTATION
ALONG THE STREET.
RELATIVELY WIDE PRESENTATION
ALONG THE STREET. THIS CODE, THE CODE REQUIREMENT
OF 20-FOOT SETBACK ALONG 10th
THIS CODE, THE CODE REQUIREMENT OF 20-FOOT SETBACK ALONG 10th
SIGNIFICANTLY NAR BLOWS OUR
OF 20-FOOT SETBACK ALONG 10th SIGNIFICANTLY NAR BLOWS OUR
BUILDING ENVELOPE AND WOULD
SIGNIFICANTLY NAR BLOWS OUR BUILDING ENVELOPE AND WOULD
FORCE US TO BUILD SOMETHING THAT
BUILDING ENVELOPE AND WOULD
FORCE US TO BUILD SOMETHING THAT WE FEEL WOULD BE SIGNIFICANTLY
OUT OF CHARACTER WITH THE
WE FEEL WOULD BE SIGNIFICANTLY
OUT OF CHARACTER WITH THE NEIGHBORHOOD.
AGAIN, THE REQUEST TO REDUCE THE
NEIGHBORHOOD. AGAIN, THE REQUEST TO REDUCE THE
AGAIN, THE REQUEST TO REDUCE THE
SIDE STREET SETBACK DOWN TO 10
FEET WE FEEL IS -- IT ALLOWS YOU
SIDE STREET SETBACK DOWN TO 10 FEET WE FEEL IS -- IT ALLOWS YOU
TO DO SOMETHING THAT'S MORE
FEET WE FEEL IS -- IT ALLOWS YOU TO DO SOMETHING THAT'S MORE
CONTEXTURAL.
TO DO SOMETHING THAT'S MORE
CONTEXTURAL. AND IT'S ALSO IMPORTANT TO NOTE
THAT WE'RE NOT ASKING FOR
AND IT'S ALSO IMPORTANT TO NOTE THAT WE'RE NOT ASKING FOR
PERMISSION TO BUILD A SECOND
THAT WE'RE NOT ASKING FOR
PERMISSION TO BUILD A SECOND DWELLING ON THE PROPERTY.
THE CURRENT ZONING, THE R8
DWELLING ON THE PROPERTY. THE CURRENT ZONING, THE R8
ZONING ALLOWS US TO BUILD A
THE CURRENT ZONING, THE R8
ZONING ALLOWS US TO BUILD A SECOND DWELLING ON THE PROPERTY.
WE'RE ASKING FOR THE VARIANCE SO
SECOND DWELLING ON THE PROPERTY. WE'RE ASKING FOR THE VARIANCE SO
THAT WE CAN BUILD SOMETHING THAT
WE'RE ASKING FOR THE VARIANCE SO THAT WE CAN BUILD SOMETHING THAT
FITS WITHIN THE CONTEXT OF THE
THAT WE CAN BUILD SOMETHING THAT FITS WITHIN THE CONTEXT OF THE
NEIGHBORHOOD.
FITS WITHIN THE CONTEXT OF THE
NEIGHBORHOOD. SO THE SUBJECT PROPERTY IS
LOCATED AT THE NORTHWEST CORNER
SO THE SUBJECT PROPERTY IS
LOCATED AT THE NORTHWEST CORNER OF TWO NEIGHBORHOOD STREETS.
LAWRENCE AVENUE AND 10th
OF TWO NEIGHBORHOOD STREETS. LAWRENCE AVENUE AND 10th
AVENUE.
LAWRENCE AVENUE AND 10th
AVENUE. THE PROPOSED HOME WILL FRONT
LAWRENCE AVENUE.
THE PROPOSED HOME WILL FRONT
LAWRENCE AVENUE. ITS SIDE YARD WILL FRONT 10th
AVENUE.
ITS SIDE YARD WILL FRONT 10th
AVENUE. THESE ARE TWO NEIGHBORHOOD
THESE ARE TWO NEIGHBORHOOD
STREETS.
HOWEVER, THEIR DESIGNATIONS ARE
STREETS. HOWEVER, THEIR DESIGNATIONS ARE
DIFFERENT.
HOWEVER, THEIR DESIGNATIONS ARE
DIFFERENT. 10th AVENUE IS A MAJOR STREET
ACCORDING TO THE MAJOR COLLECTOR
10th AVENUE IS A MAJOR STREET ACCORDING TO THE MAJOR COLLECTOR
STREET PLAN.
ACCORDING TO THE MAJOR COLLECTOR
STREET PLAN. SO BY ITS DESTINATION REQUIRES A
20-FOOT SETBACK.
SO BY ITS DESTINATION REQUIRES A
20-FOOT SETBACK. IF IT WERE A NEIGHBORHOOD STREET
SORE -- I'M SORRY F IT WERE
IF IT WERE A NEIGHBORHOOD STREET
SORE -- I'M SORRY F IT WERE DESIGNATE ADD NEIGHBORHOOD
STREET LIKE ALMOST EVERY OTHER
DESIGNATE ADD NEIGHBORHOOD STREET LIKE ALMOST EVERY OTHER
STREET IN THIS NEIGHBORHOOD, WE
STREET LIKE ALMOST EVERY OTHER
STREET IN THIS NEIGHBORHOOD, WE WOULDN'T BE IN FRONT OF YOU.
THE CODE ONLY RIRS A 10- --
WOULDN'T BE IN FRONT OF YOU. THE CODE ONLY RIRS A 10- --
REQUIRES A 10-FOOT SETBACK FOR
THE CODE ONLY RIRS A 10- -- REQUIRES A 10-FOOT SETBACK FOR
JUST ABOUT EVERY OTHER PROPERTY
REQUIRES A 10-FOOT SETBACK FOR
JUST ABOUT EVERY OTHER PROPERTY IN THIS NEIGHBORHOOD.
BUT BECAUSE 10th AVENUE IS
IN THIS NEIGHBORHOOD.
BUT BECAUSE 10th AVENUE IS DESIGNATED A MAJOR STREET, WE'VE
GOT THE 20-FOOT SETBACK.
DESIGNATED A MAJOR STREET, WE'VE GOT THE 20-FOOT SETBACK.
THIS PROPERTY AS YOU CAN SEE IN
GOT THE 20-FOOT SETBACK.
THIS PROPERTY AS YOU CAN SEE IN THESE IMAGES ALREADY CONTAINS
TWO HISTORIC STRUCTURES.
THESE IMAGES ALREADY CONTAINS
TWO HISTORIC STRUCTURES. THE APPLICANTS ARE PAINSTAKINGLY
RESTORING THAT HOUSE.
THE APPLICANTS ARE PAINSTAKINGLY RESTORING THAT HOUSE.
AND WE'VE BEEN HERE LONG ENOUGH
RESTORING THAT HOUSE.
AND WE'VE BEEN HERE LONG ENOUGH THAT WE'VE SEEN PRETTY CLOSE TO
THE FINISHED RESULT AND IT LOOKS
THAT WE'VE SEEN PRETTY CLOSE TO THE FINISHED RESULT AND IT LOOKS
REALLY NICE.
THE FINISHED RESULT AND IT LOOKS
REALLY NICE. THEY'VE DONE A GREAT JOB
BRINGING THAT HISTORIC HOME BACK
THEY'VE DONE A GREAT JOB BRINGING THAT HISTORIC HOME BACK
TO REMARKABLE CONDITION.
BRINGING THAT HISTORIC HOME BACK TO REMARKABLE CONDITION.
BUT YOU'LL ALSO NOTICE THAT
TO REMARKABLE CONDITION. BUT YOU'LL ALSO NOTICE THAT
THERE IS A EARLY 20th CENTURY
BUT YOU'LL ALSO NOTICE THAT THERE IS A EARLY 20th CENTURY
COMMERCIAL STOREFRONT BUILDING
THERE IS A EARLY 20th CENTURY
COMMERCIAL STOREFRONT BUILDING ON THE NORTHEAST CORNER OF THIS
PROPERTY.
ON THE NORTHEAST CORNER OF THIS
PROPERTY.
AND WE FEEL LIKE THIS -- THIS
CUSTOMER SHAL BUILDING IS AN
A -- COMMERCIAL BUILDING IS AN
CUSTOMER SHAL BUILDING IS AN
A -- COMMERCIAL BUILDING IS AN ASSET AS TO THE NEIGHBORHOOD.
IT'S ONE OF THOSE ELEMENTS THAT
ASSET AS TO THE NEIGHBORHOOD. IT'S ONE OF THOSE ELEMENTS THAT
MAKES THESE HISTORIC
IT'S ONE OF THOSE ELEMENTS THAT
MAKES THESE HISTORIC NEIGHBORHOODS PRETTY ATTRACTIVE.
THE APPLICANTS AT SOME POINTED
NEIGHBORHOODS PRETTY ATTRACTIVE.
THE APPLICANTS AT SOME POINTED INTEND ON RESTORING THAT
STOREFRONT AND GETTING IT TO A
INTEND ON RESTORING THAT STOREFRONT AND GETTING IT TO A
PLACE WHERE IT CAN ONCE AGAIN
STOREFRONT AND GETTING IT TO A PLACE WHERE IT CAN ONCE AGAIN
CONTRIBUTE TO THE VIBRANCY OF
PLACE WHERE IT CAN ONCE AGAIN CONTRIBUTE TO THE VIBRANCY OF
THE 12 SOUTH NEIGHBORHOOD.
CONTRIBUTE TO THE VIBRANCY OF
THE 12 SOUTH NEIGHBORHOOD. SO THEY WOULD REALLY LIKE TO
KEEP THAT STOREFRONT.
SO THEY WOULD REALLY LIKE TO
KEEP THAT STOREFRONT. AND IN FACT THEY'VE RECEIVED
TONS OF FEEDBACK FROM
AND IN FACT THEY'VE RECEIVED TONS OF FEEDBACK FROM
NEIGHBORHOOD FOLKS, THAT THEY'RE
TONS OF FEEDBACK FROM NEIGHBORHOOD FOLKS, THAT THEY'RE
EAGER TO SEE THAT STOREFRONT
NEIGHBORHOOD FOLKS, THAT THEY'RE
EAGER TO SEE THAT STOREFRONT BACK TO A PRODUCTIVE ELEMENT IN
THE NEIGHBORHOOD.
BACK TO A PRODUCTIVE ELEMENT IN
THE NEIGHBORHOOD. SO WE FEEL LIKE THIS STOREFRONT
IS THE BASIS OF OUR VARIANCE
SO WE FEEL LIKE THIS STOREFRONT IS THE BASIS OF OUR VARIANCE
REQUESTR OR OUR HARTSHIP --
IS THE BASIS OF OUR VARIANCE REQUESTR OR OUR HARTSHIP --
HARDSHIP, IF YOU WILL.
REQUESTR OR OUR HARTSHIP --
HARDSHIP, IF YOU WILL. IT IS IN EXTRAORDINARY OR
EXCEPTIONAL CONDITION.
IT IS IN EXTRAORDINARY OR
EXCEPTIONAL CONDITION. AND THE CODE, WHILE IT
REQUIRES -- FOR A VARIANCE, YOU
AND THE CODE, WHILE IT
REQUIRES -- FOR A VARIANCE, YOU HAVE TO CONSIDER THE PHYSICAL
CHARACTERISTICS LIKE NARROWNESS,
HAVE TO CONSIDER THE PHYSICAL CHARACTERISTICS LIKE NARROWNESS,
SHALLOWNESS, THE SHAPE OF THE
CHARACTERISTICS LIKE NARROWNESS,
SHALLOWNESS, THE SHAPE OF THE PROPERTY.
IT ALSO ALUS FOR THE
PROPERTY.
IT ALSO ALUS FOR THE CONSIDERATION OF GRA -- ALLOWS
FOR THE CONSIDERATION OF
CONSIDERATION OF GRA -- ALLOWS
FOR THE CONSIDERATION OF EXTRAORDINARY AND EXCEPTIONAL
CONDITIONS OF SUCH PROPERTY SUCH
EXTRAORDINARY AND EXCEPTIONAL CONDITIONS OF SUCH PROPERTY SUCH
THAT IT WOULD -- IT ALLOWS YOU
CONDITIONS OF SUCH PROPERTY SUCH THAT IT WOULD -- IT ALLOWS YOU
TO CONSIDER EXTRAORDINARY AND
THAT IT WOULD -- IT ALLOWS YOU
TO CONSIDER EXTRAORDINARY AND EXCEPTIONAL CONDITION OF SUCH
PROPERTY THAT WOULD RESULT IN A
EXCEPTIONAL CONDITION OF SUCH PROPERTY THAT WOULD RESULT IN A
PECULIAR OR EXCEPTIONAL
PROPERTY THAT WOULD RESULT IN A
PECULIAR OR EXCEPTIONAL PRACTICAL DIFFICULTIES.
AND WE FEEL THIS STOREFRONT
PRACTICAL DIFFICULTIES. AND WE FEEL THIS STOREFRONT
RESULTS IN A BRACKAL DIFFICULTY
AND WE FEEL THIS STOREFRONT
RESULTS IN A BRACKAL DIFFICULTY IN ESTABLISHING A HOME IN A
MANNER THAT IS CONTEXTURAL WITH
IN ESTABLISHING A HOME IN A
MANNER THAT IS CONTEXTURAL WITH THE FABRIC OF THIS NEIGHBORHOOD.
SO I ALSO WANT TO TOUCH ON AGAIN
THE FABRIC OF THIS NEIGHBORHOOD. SO I ALSO WANT TO TOUCH ON AGAIN
THE MAJOR COLLECTOR STREET PLAN.
SO I ALSO WANT TO TOUCH ON AGAIN
THE MAJOR COLLECTOR STREET PLAN. IT'S IMPORTANT TO NOTE THAT WE
DON'T FEEL LIKE THAT THIS
IT'S IMPORTANT TO NOTE THAT WE DON'T FEEL LIKE THAT THIS
HARDSHIP IS SELF-IMPOSED.
DON'T FEEL LIKE THAT THIS
HARDSHIP IS SELF-IMPOSED. THAT STOREFRONT WAS CONSTRUCTED
ON THIS PROPERTY BEFORE ANYBODY
THAT STOREFRONT WAS CONSTRUCTED
ON THIS PROPERTY BEFORE ANYBODY KNEW WHAT A MAJOR COLLECTOR
STREET PLAN WAS.
KNEW WHAT A MAJOR COLLECTOR STREET PLAN WAS.
IT WAS CONSTRUCTED ON THAT
STREET PLAN WAS. IT WAS CONSTRUCTED ON THAT
PROPERTY BEFORE MOST OF OUR
IT WAS CONSTRUCTED ON THAT
PROPERTY BEFORE MOST OF OUR ZONING CODES WERE EVER THOUGHT
OF.
ZONING CODES WERE EVER THOUGHT OF.
AND SO WHEN THAT COMESH SHALL
OF. AND SO WHEN THAT COMESH SHALL
BUILDING WAS -- COMMERCIAL
AND SO WHEN THAT COMESH SHALL
BUILDING WAS -- COMMERCIAL BUILDING WAS ESTABLISHED, THERE
WAS NO CONSIDERATION TO, WELL,
BUILDING WAS ESTABLISHED, THERE WAS NO CONSIDERATION TO, WELL,
WILL THIS REDUCE OUR FOOTPRINT
WAS NO CONSIDERATION TO, WELL, WILL THIS REDUCE OUR FOOTPRINT
OR A SECOND DWELLING ON THIS
WILL THIS REDUCE OUR FOOTPRINT
OR A SECOND DWELLING ON THIS SUBJECT PROPERTY.
IT'S JUST WHAT THEY DID.
SUBJECT PROPERTY.
IT'S JUST WHAT THEY DID. SO IT'S WHAT OUR APPLICANTS OR
OUR OWNERS ARE LEFT WITH TO DEAL
SO IT'S WHAT OUR APPLICANTS OR OUR OWNERS ARE LEFT WITH TO DEAL
OUR OWNERS ARE LEFT WITH TO DEAL
WITH.
WE DON'T FEEL LIKE THIS REQUEST
WITH.
WE DON'T FEEL LIKE THIS REQUEST WOULD RESULT IN INJURY TO
NEIGHBORING PROPERTY.
WOULD RESULT IN INJURY TO
NEIGHBORING PROPERTY. WE'VE TALKED TO ALL OF OUR
MAKES.
WE'VE TALKED TO ALL OF OUR
MAKES. IN FACT, ALL OF OUR NEIGHBORS
HAVE ESSENTIALLY SAID WE HOPE
IN FACT, ALL OF OUR NEIGHBORS
HAVE ESSENTIALLY SAID WE HOPE YOU GET THE VARIANCE BECAUSE IT
WOULD RESULT IN SOMETHING THAT
YOU GET THE VARIANCE BECAUSE IT
WOULD RESULT IN SOMETHING THAT WE FEEL WOULD BETTER FIT INTO
WHAT WE BOUGHT INTO IN THIS
WE FEEL WOULD BETTER FIT INTO WHAT WE BOUGHT INTO IN THIS
NEIGHBORHOOD.
WHAT WE BOUGHT INTO IN THIS
NEIGHBORHOOD. AND OBVIOUSLY WE SUBMIT THAT IT
WOULD NOT HARM THE PUBLIC
AND OBVIOUSLY WE SUBMIT THAT IT WOULD NOT HARM THE PUBLIC
WELFARE.
WOULD NOT HARM THE PUBLIC
WELFARE. IT'S NOT EXTENDING INTO THE
RIGHT-OF-WAY.
IT'S NOT EXTENDING INTO THE
RIGHT-OF-WAY. IT'S NOT GOING TO IMPAIR SIGHT
DISTANCE ON THE PROPERTY.
IT'S NOT GOING TO IMPAIR SIGHT
DISTANCE ON THE PROPERTY. IT WILL MEET THE FULL SETBACK
ALONG LAWRENCE.
IT WILL MEET THE FULL SETBACK
ALONG LAWRENCE. AND IT'S IMPORTANT TO NOTE
EXCEPT FOR THIS SIDE SETBACK, IT
AND IT'S IMPORTANT TO NOTE EXCEPT FOR THIS SIDE SETBACK, IT
WILL MEET EVERY OTHER ZONING
EXCEPT FOR THIS SIDE SETBACK, IT WILL MEET EVERY OTHER ZONING
CODE REQUIREMENT INCLUDING
WILL MEET EVERY OTHER ZONING
CODE REQUIREMENT INCLUDING PARKING.
AT OUR -- AT A PREVIOUS HEARING
PARKING. AT OUR -- AT A PREVIOUS HEARING
THERE WAS CONCERN ABOUT ACCESS
AT OUR -- AT A PREVIOUS HEARING
THERE WAS CONCERN ABOUT ACCESS AND THE STOREFRONT AND WHAT --
WHAT THIS WOULD DO TO ACCESS.
AND THE STOREFRONT AND WHAT -- WHAT THIS WOULD DO TO ACCESS.
OUR ACCESS POINT ON 10th HAS
WHAT THIS WOULD DO TO ACCESS.
OUR ACCESS POINT ON 10th HAS TO BE SET BACK 100 FEET.
THAT BUILDING IS AT 118 FEET.
TO BE SET BACK 100 FEET. THAT BUILDING IS AT 118 FEET.
SO WITH OUR PROPOSED FOOTPRINT,
THAT BUILDING IS AT 118 FEET. SO WITH OUR PROPOSED FOOTPRINT,
WHICH IS ANOTHER REASON WE HAD
SO WITH OUR PROPOSED FOOTPRINT, WHICH IS ANOTHER REASON WE HAD
TO CONDENSE THIS FOOTPRINT,
WHICH IS ANOTHER REASON WE HAD
TO CONDENSE THIS FOOTPRINT,
WE'RE LEFT WITH 18.9 FEET TO
ACCESS.
WE'RE LEFT WITH 18.9 FEET TO
ACCESS. TO PUT PARKING IN BEHIND THIS
BUILDING.
TO PUT PARKING IN BEHIND THIS
BUILDING.
WE CAN'T ACCESS IT FROM THE
ALLEY.
WE CAN'T ACCESS IT FROM THE
ALLEY. THAT'S WHERE THE COMMERCIAL
PARKING IS PROPOSED FOR THE
THAT'S WHERE THE COMMERCIAL PARKING IS PROPOSED FOR THE
STOREFRONT AND FOR THE HOUSE
PARKING IS PROPOSED FOR THE
STOREFRONT AND FOR THE HOUSE THAT'S THERE TODAY.
SO RICK, IF YOU CAN GO THROUGH
THAT'S THERE TODAY.
SO RICK, IF YOU CAN GO THROUGH SOME OF THE SLIDES, PLEASE.
SOME OF THE SLIDES, PLEASE.
AGAIN, WE'VE TALKED TO MANY
NOBODIES.
AGAIN, WE'VE TALKED TO MANY
NOBODIES. THEY'VE ALL -- NEIGHBORS.
THEY'VE ALL EXPRESSED SUPPORT
THEY'VE ALL -- NEIGHBORS.
THEY'VE ALL EXPRESSED SUPPORT FOR THIS REQUEST.
GO TO THE NEXT SLIDE.
FOR THIS REQUEST.
GO TO THE NEXT SLIDE. AND AGAIN, THE NEIGHBORHOOD
ASSOCIATION PRESIDENT IS HERE TO
AND AGAIN, THE NEIGHBORHOOD
ASSOCIATION PRESIDENT IS HERE TO SPEAK ABOUT THE NEIGHBORHOOD
SUPPORT.
SPEAK ABOUT THE NEIGHBORHOOD
SUPPORT. THERE WAS QUESTION ABOUT THE
SIDE SETBACK AND WE'RE PROPOSING
THERE WAS QUESTION ABOUT THE SIDE SETBACK AND WE'RE PROPOSING
A 10-FOOT SETBACK.
SIDE SETBACK AND WE'RE PROPOSING
A 10-FOOT SETBACK. THIS IS A SURVEY OF THE
NEIGHBORHOOD GOING NORTH AND ALL
THIS IS A SURVEY OF THE
NEIGHBORHOOD GOING NORTH AND ALL OF THE PROPERTIES SHOWN IN
GREEN, NORTH OF THIS HOUSE, HAVE
OF THE PROPERTIES SHOWN IN
GREEN, NORTH OF THIS HOUSE, HAVE SETBACKS THAT ARE WITHIN 20
FEET.
SETBACKS THAT ARE WITHIN 20
FEET. SOME OF THEM ARE WITHIN 10 FEET.
SOME OF THEM ARE AT SIX FEET.
SOME OF THEM ARE WITHIN 10 FEET.
SOME OF THEM ARE AT SIX FEET. RICK, IF YOU'LL GO THE NEXT.
THIS IS LOOKING SOUTH --
RICK, IF YOU'LL GO THE NEXT. THIS IS LOOKING SOUTH --
ACTUALLY, I'M SORRY.
THIS IS LOOKING SOUTH --
ACTUALLY, I'M SORRY. THESE ARE SOME OF THE IMAGES OF
THE HOMES SITUATED CLOSER TO THE
THESE ARE SOME OF THE IMAGES OF THE HOMES SITUATED CLOSER TO THE
STREET.
THE HOMES SITUATED CLOSER TO THE
STREET. GO TO THE NEXT SLIDE.
THIS IS LOOKING SOUTH.
GO TO THE NEXT SLIDE.
THIS IS LOOKING SOUTH. THESE ARE HOMES THAT ARE AGAIN
SITUATED WITHIN 20 FEET OF THE
THESE ARE HOMES THAT ARE AGAIN
SITUATED WITHIN 20 FEET OF THE STREET SETBACK.
SO WHAT WE'RE PROPOSING IS NOT
STREET SETBACK. SO WHAT WE'RE PROPOSING IS NOT
UNIQUE TO THIS NEIGHBORHOOD OR
SO WHAT WE'RE PROPOSING IS NOT
UNIQUE TO THIS NEIGHBORHOOD OR THIS STREET, IN FACT.
RICK, TO THE NEXT SLIDE.
THIS STREET, IN FACT.
RICK, TO THE NEXT SLIDE. HERE ARE SOME IMAGES.
AND THE NEXT SLIDE, THIS IS A
HERE ARE SOME IMAGES. AND THE NEXT SLIDE, THIS IS A
SLIDE THAT SHOWS OUR
AND THE NEXT SLIDE, THIS IS A SLIDE THAT SHOWS OUR
RELATIONSHIP TO AN SP THAT WAS
SLIDE THAT SHOWS OUR
RELATIONSHIP TO AN SP THAT WAS APPROVED BY THE METRO COUNCIL
SEVERAL YEARS BACK.
APPROVED BY THE METRO COUNCIL
SEVERAL YEARS BACK. IT PROPOSES -- IT WAS A RE-USE
IT PROPOSES -- IT WAS A RE-USE
OF A STORE FRONT.
THAT STOREFRONT IS NOW GONE.
OF A STORE FRONT. THAT STOREFRONT IS NOW GONE.
BUT IT PERMITS A 45-FOOT TALL
THAT STOREFRONT IS NOW GONE. BUT IT PERMITS A 45-FOOT TALL
MIXED-USE BUILDING RIGHT UP ON
BUT IT PERMITS A 45-FOOT TALL
MIXED-USE BUILDING RIGHT UP ON THE STREET.
SO THERE WAS QUESTION ABOUT HOW
THE STREET. SO THERE WAS QUESTION ABOUT HOW
WE MIGHT INTERRUPT SOME SORT OF
SO THERE WAS QUESTION ABOUT HOW WE MIGHT INTERRUPT SOME SORT OF
PATTERN.
WE MIGHT INTERRUPT SOME SORT OF
PATTERN. AND IN SP ALONG WITH OUR
REQUEST, A LONG WITH A LOT OF
AND IN SP ALONG WITH OUR REQUEST, A LONG WITH A LOT OF
THOSE EXAMPLES NORTH AND SOUTH
REQUEST, A LONG WITH A LOT OF
THOSE EXAMPLES NORTH AND SOUTH
OF THE PROPERTY, KIND OF SET UP
THAT PATTERN ALREADY ALONG
OF THE PROPERTY, KIND OF SET UP THAT PATTERN ALREADY ALONG
10th.
THAT PATTERN ALREADY ALONG
10th. >> CAN YOU GO BACK TO THE
PREVIOUS SLIDE?
>> CAN YOU GO BACK TO THE PREVIOUS SLIDE?
THAT LOWER LEFT-HAND PICTURE OF
PREVIOUS SLIDE? THAT LOWER LEFT-HAND PICTURE OF
THE TWO HOUSES, IT LOOKS LIKE
THAT LOWER LEFT-HAND PICTURE OF THE TWO HOUSES, IT LOOKS LIKE
IT'S A FAIRLY NEW CONSTRUCTION.
THE TWO HOUSES, IT LOOKS LIKE IT'S A FAIRLY NEW CONSTRUCTION.
DOES IT HAVE -- IS THERE ANY
IT'S A FAIRLY NEW CONSTRUCTION.
DOES IT HAVE -- IS THERE ANY RECORD IF IT HAS A VARIANCE TO
IT OR -- HOW DID THE SOUTHEAST
RECORD IF IT HAS A VARIANCE TO IT OR -- HOW DID THE SOUTHEAST
CORNER 10th AND -- I CAN'T
IT OR -- HOW DID THE SOUTHEAST
CORNER 10th AND -- I CAN'T READ BECAUSE OF THE BLUE.
THAT LOWER LEFT --
READ BECAUSE OF THE BLUE. THAT LOWER LEFT --
>> 10th AND GILMORE.
THAT LOWER LEFT --
>> 10th AND GILMORE. >> IT IS 10th AND GILMORE.
THAT'S RIGHT.
>> IT IS 10th AND GILMORE.
THAT'S RIGHT. >> SEE, THAT ONE RIGHT THERE.
>> IT LOOKS LIKE A FAIR -- IT
>> SEE, THAT ONE RIGHT THERE. >> IT LOOKS LIKE A FAIR -- IT
LOOKS FAIRLY NEW.
>> IT LOOKS LIKE A FAIR -- IT LOOKS FAIRLY NEW.
AND I WONDER -- [INAUDIBLE] THAT
LOOKS FAIRLY NEW. AND I WONDER -- [INAUDIBLE] THAT
ONE CAME ABOUT.
AND I WONDER -- [INAUDIBLE] THAT ONE CAME ABOUT.
>> IT IS A BRAND-NEW --
ONE CAME ABOUT. >> IT IS A BRAND-NEW --
[INAUDIBLE]
>> IT IS A BRAND-NEW --
[INAUDIBLE] >> 10 YEARS OLD.
>> I DON'T THINK IT CAME IN
>> 10 YEARS OLD.
>> I DON'T THINK IT CAME IN FRONT OF THIS BOARD FOR ANY
FRONT OF THIS BOARD FOR ANY
VARIANCES, SO IT MOTHER BE CODE
COMPLIANT.
VARIANCES, SO IT MOTHER BE CODE
COMPLIANT.
-- MUST BE CODE
COMPLIANT.
-- MUST BE CODE >> MR. HARRISON, CAN YOU MOVE ON
-- MUST BE CODE COMPLIANT. >> MR. HARRISON, CAN YOU MOVE ON
>> MR. HARRISON, CAN YOU MOVE ON
TO THE NEXT SLIDES?
THIS IS AN IMAGE THAT WAS
TO THE NEXT SLIDES?
THIS IS AN IMAGE THAT WAS ATTACHED TO THAT SP TO SHOW THAT
WE'RE NOT TALKING ABOUT AN
ATTACHED TO THAT SP TO SHOW THAT WE'RE NOT TALKING ABOUT AN
INSIGNIFICANT BUILDING THAT
WE'RE NOT TALKING ABOUT AN
INSIGNIFICANT BUILDING THAT WOULD BE CONSTRUCTED ON THAT SP.
RICK?
WOULD BE CONSTRUCTED ON THAT SP. RICK?
HERE ARE SOME EXAMPLES OF
RICK? HERE ARE SOME EXAMPLES OF
SIDESTREETS.
HERE ARE SOME EXAMPLES OF
SIDESTREETS. THERE WAS ALSO CONCERN ABOUT
INTERRUPTING MID BLOCK PATTERN,
THERE WAS ALSO CONCERN ABOUT INTERRUPTING MID BLOCK PATTERN,
SIDESTREET YARDS WERE SHALLOWER
INTERRUPTING MID BLOCK PATTERN, SIDESTREET YARDS WERE SHALLOWER
THAN THOSE FOUND IN THE INTERIOR
SIDESTREET YARDS WERE SHALLOWER THAN THOSE FOUND IN THE INTERIOR
BLOCK.
THAN THOSE FOUND IN THE INTERIOR
BLOCK. IN THIS BLOCK, THERE ARE FOUR
HOUSES.
IN THIS BLOCK, THERE ARE FOUR
HOUSES. KEEP GOING, RICK.
THAT ARE CLOSER THAN THE
KEEP GOING, RICK.
THAT ARE CLOSER THAN THE INTERIOR SETBACKS.
THE AVERAGE WIDTH ON OUR BLOCK
INTERIOR SETBACKS.
THE AVERAGE WIDTH ON OUR BLOCK IS 36 FEET.
WE'RE ASKING FOR THE VARIANCE SO
IS 36 FEET.
WE'RE ASKING FOR THE VARIANCE SO THAT WE CAN BUILD SOMETHING
AGAIN CONTEXTUAL WITH THAT
THAT WE CAN BUILD SOMETHING
AGAIN CONTEXTUAL WITH THAT WIDTH.
HERE ARE EXAMPLES THROUGHOUT THE
WIDTH. HERE ARE EXAMPLES THROUGHOUT THE
HERE ARE EXAMPLES THROUGHOUT THE
NEIGHBORHOOD LOOKING NORTH OF
THE SITE THAT ALSO HAVE
NEIGHBORHOOD LOOKING NORTH OF THE SITE THAT ALSO HAVE
THE SITE THAT ALSO HAVE
SETBACKS, SIDE SETBACKS THAT ARE
MUCH SHALLOWER IN SOME CASES.
SETBACKS, SIDE SETBACKS THAT ARE MUCH SHALLOWER IN SOME CASES.
LOOKING SOUTH, SOME EXAMPLES
MUCH SHALLOWER IN SOME CASES. LOOKING SOUTH, SOME EXAMPLES
AGAIN.
LOOKING SOUTH, SOME EXAMPLES
AGAIN. PRETTY PREVALENT THROUGH THE
NEIGHBORHOOD.
PRETTY PREVALENT THROUGH THE
NEIGHBORHOOD. OKAY.
HERE'S AN EXAMPLE OF OUR HOUS
OKAY.
HERE'S AN EXAMPLE OF OUR HOUS THAT WE'RE PROPOSING TO BUILD.
OBVIOUSLY THE IMAGE IS
THAT WE'RE PROPOSING TO BUILD. OBVIOUSLY THE IMAGE IS
DISTORTED.
OBVIOUSLY THE IMAGE IS DISTORTED.
AND THERE'S AN IMAGE OF THE
DISTORTED. AND THERE'S AN IMAGE OF THE
HOUSE THAT IS -- SIMILAR MODEL
AND THERE'S AN IMAGE OF THE HOUSE THAT IS -- SIMILAR MODEL
TO THE HOUSE THAT THE PROPOSING
HOUSE THAT IS -- SIMILAR MODEL TO THE HOUSE THAT THE PROPOSING
CONSTRUCTED IN AN HISTORIC
TO THE HOUSE THAT THE PROPOSING CONSTRUCTED IN AN HISTORIC
DISTRICT, ONE THAT --
CONSTRUCTED IN AN HISTORIC
DISTRICT, ONE THAT -- >> HOW CLOSE ARE THE TWO HOUSES
GOING TO BE?
>> HOW CLOSE ARE THE TWO HOUSES
GOING TO BE? >> THEY'RE GOING TO MEET THE
CODES SIX FEET OF SEPARATION.
>> THEY'RE GOING TO MEET THE CODES SIX FEET OF SEPARATION.
CODES SIX FEET OF SEPARATION.
>> DO WE HAVE ANY OTHER
QUESTIONS?
>> DO WE HAVE ANY OTHER
QUESTIONS? >> MAYBE I'M STILL CONFUSED, AND
I'M NOT NECESSARILY OPPOSED TO
>> MAYBE I'M STILL CONFUSED, AND I'M NOT NECESSARILY OPPOSED TO
THE SETBACK 10 FEET.
I'M NOT NECESSARILY OPPOSED TO THE SETBACK 10 FEET.
WHAT I DON'T UNDERSTAND IS HOW
THE SETBACK 10 FEET. WHAT I DON'T UNDERSTAND IS HOW
DOES THE BUILDING IN THE BACK
WHAT I DON'T UNDERSTAND IS HOW DOES THE BUILDING IN THE BACK
PLAY INTO THE HARDSHIP?
DOES THE BUILDING IN THE BACK PLAY INTO THE HARDSHIP?
THE OLD --
PLAY INTO THE HARDSHIP? THE OLD --
>> WE FEEL LIKE IF THE
THE OLD --
>> WE FEEL LIKE IF THE COMMERCIAL BUILDING WAS NOT
THERE, THEN WE WOULD HAVE ACCESS
COMMERCIAL BUILDING WAS NOT THERE, THEN WE WOULD HAVE ACCESS
AND WE WOULD HAVE DEPTH THAT WE
THERE, THEN WE WOULD HAVE ACCESS AND WE WOULD HAVE DEPTH THAT WE
COULD GAIN AND SO THIS HOUSE
AND WE WOULD HAVE DEPTH THAT WE COULD GAIN AND SO THIS HOUSE
COULD REMAIN TWO STORIES AND WE
COULD GAIN AND SO THIS HOUSE COULD REMAIN TWO STORIES AND WE
WOULD GET A HOUSE THAT WE FELT
COULD REMAIN TWO STORIES AND WE WOULD GET A HOUSE THAT WE FELT
WAS CONTEXTUAL, AGAIN.
WOULD GET A HOUSE THAT WE FELT
WAS CONTEXTUAL, AGAIN. WE'RE NOT DEALING WITH ACCESS
CHALLENGES AT THAT POINT.
WE'RE NOT DEALING WITH ACCESS CHALLENGES AT THAT POINT.
THIS COMMERCIAL BUILDING, IT
CHALLENGES AT THAT POINT. THIS COMMERCIAL BUILDING, IT
REALLY LIMITS OUR APPROACH FOR
THIS COMMERCIAL BUILDING, IT REALLY LIMITS OUR APPROACH FOR
VEHICULAR PARKING ON SITE.
REALLY LIMITS OUR APPROACH FOR VEHICULAR PARKING ON SITE.
AND IT CONSTRICTS OUR ABILITY TO
VEHICULAR PARKING ON SITE.
AND IT CONSTRICTS OUR ABILITY TO GO DEEPER WITH THE HOUSE.
>> SO DOES THAT IN REALITY PLAY
GO DEEPER WITH THE HOUSE. >> SO DOES THAT IN REALITY PLAY
INTO THE SIDE ENTRANCE TO THE
>> SO DOES THAT IN REALITY PLAY
INTO THE SIDE ENTRANCE TO THE GARAGE IN THE STREET?
GARAGE IN THE STREET?
>> I DON'T BELIEVE THERE'S
PROPOSED TO BE A GARAGE.
>> I DON'T BELIEVE THERE'S
PROPOSED TO BE A GARAGE. IT'S JUST GOING TO BE DRIVEWAY
PARKING BEHIND THE HOUSE.
IT'S JUST GOING TO BE DRIVEWAY PARKING BEHIND THE HOUSE.
AT THIS POINT.
PARKING BEHIND THE HOUSE. AT THIS POINT.
AND --
AT THIS POINT.
AND -- >> AM I MISREADING SOMETHING?
>> THIS WAS SOME CONFUSION --
>> AM I MISREADING SOMETHING?
>> THIS WAS SOME CONFUSION -- THIS WAS SOME CONFUSION EARLY,
EARLY ON WHEN WE MADE THE
THIS WAS SOME CONFUSION EARLY, EARLY ON WHEN WE MADE THE
APPLICATION, WE NEVER REALLY
EARLY ON WHEN WE MADE THE
APPLICATION, WE NEVER REALLY COVERED WHETHER WE'D HAVE GARAGE
PARKING AND I THINK THE ZONING
COVERED WHETHER WE'D HAVE GARAGE PARKING AND I THINK THE ZONING
EXAMINER ASSUMED THAT WE WOULD.
PARKING AND I THINK THE ZONING
EXAMINER ASSUMED THAT WE WOULD. AND SO HE SIGNED US UP FOR THAT
VARIANCE OF THE GARAGE FACING A
AND SO HE SIGNED US UP FOR THAT VARIANCE OF THE GARAGE FACING A
SIDESTREET.
VARIANCE OF THE GARAGE FACING A
SIDESTREET. AND ALL ALONG WE'VE SUBMITTED
THAT WE'RE NOT -- WE'RE NOT
AND ALL ALONG WE'VE SUBMITTED
THAT WE'RE NOT -- WE'RE NOT ASKING FOR THAT.
SO WE'RE NOT PROPOSING -- AND
ASKING FOR THAT.
SO WE'RE NOT PROPOSING -- AND YOU CAN SEE IN THIS IMAGE, THE
SIDE ELEVATION THAT WILL FACE
YOU CAN SEE IN THIS IMAGE, THE
SIDE ELEVATION THAT WILL FACE 10th.
WE'RE NOT PROPOSING A GARAGE,
10th. WE'RE NOT PROPOSING A GARAGE,
BECAUSE I JUST THINK WITH THE
WE'RE NOT PROPOSING A GARAGE,
BECAUSE I JUST THINK WITH THE VOLUME OF TRAFFIC ON 10th, IT
WOULD CAUSE -- MORE PROBLEMS
VOLUME OF TRAFFIC ON 10th, IT WOULD CAUSE -- MORE PROBLEMS
THAN IT WOULD SOLVE.
WOULD CAUSE -- MORE PROBLEMS THAN IT WOULD SOLVE.
IN TERMS OF --
THAN IT WOULD SOLVE. IN TERMS OF --
>> SO WE CAN STRIKE THE GARAGE
IN TERMS OF --
>> SO WE CAN STRIKE THE GARAGE DOOR FACING TO THE SIDE.
>> YES, SIR.
DOOR FACING TO THE SIDE.
>> YES, SIR. YES, SIR.
>> OKAY.
YES, SIR. >> OKAY.
>> SO IT'S STILL ONE PROPERTY,
>> OKAY.
>> SO IT'S STILL ONE PROPERTY, CORRECT?
>> YES.
CORRECT?
>> YES. ALL ONE PROPERTY.
>> SO IF THERE'S ONE OWNER, I
ALL ONE PROPERTY.
>> SO IF THERE'S ONE OWNER, I DON'T UNDERSTAND WHY YOU CAN'T
USE THE PARKING FOR THE HOUSE
DON'T UNDERSTAND WHY YOU CAN'T USE THE PARKING FOR THE HOUSE
THAT'S BEHIND THE COMMERCIAL
USE THE PARKING FOR THE HOUSE THAT'S BEHIND THE COMMERCIAL
BUILDING.
THAT'S BEHIND THE COMMERCIAL
BUILDING. >> WELL, WHEN THAT COMMERCIAL
BUILDING IS RESTORED, THERE'S --
>> WELL, WHEN THAT COMMERCIAL BUILDING IS RESTORED, THERE'S --
THERE'S ON-STREET PARKING ON
BUILDING IS RESTORED, THERE'S -- THERE'S ON-STREET PARKING ON
10th.
THERE'S ON-STREET PARKING ON
10th. BUT TO THE EXTENT THAT WE CAN
BRING EMPLOYEES BEHIND THE
BUT TO THE EXTENT THAT WE CAN BRING EMPLOYEES BEHIND THE
HOUSE, AND PROVIDE AT LEAST A,
BRING EMPLOYEES BEHIND THE HOUSE, AND PROVIDE AT LEAST A,
IF NOT TWO, CUSTOMER PARKING
HOUSE, AND PROVIDE AT LEAST A,
IF NOT TWO, CUSTOMER PARKING SPACES BEHIND THAT COMMERCIAL
BUILDING, I THINK THAT SORT OF
SPACES BEHIND THAT COMMERCIAL
BUILDING, I THINK THAT SORT OF SCENARIO WOULD LOOK -- BE LOOKED
SCENARIO WOULD LOOK -- BE LOOKED
ON MORE FAVORABLY BY THE
NEIGHBORHOOD AND POSSIBLY BY
FUTURE TENANTS.
NEIGHBORHOOD AND POSSIBLY BY
FUTURE TENANTS. BUT ALSO, WE'VE GOT TO GET
PARKING BACK THERE FOR THE
BUT ALSO, WE'VE GOT TO GET PARKING BACK THERE FOR THE
EXISTING HOUSE ON THE SITE.
PARKING BACK THERE FOR THE EXISTING HOUSE ON THE SITE.
SO IT'S NOT JUST CUSTOMER
EXISTING HOUSE ON THE SITE.
SO IT'S NOT JUST CUSTOMER PARKING.
PARKING.
IT'S ALSO HOMEOWNER PARKING FOR
THE EXISTING HOUSE.
IT'S ALSO HOMEOWNER PARKING FOR THE EXISTING HOUSE.
FRAZ AND TO SNAKE PARKING FOR
THE EXISTING HOUSE. FRAZ AND TO SNAKE PARKING FOR
THIS PROPOSED HOUSE THROUGH THAT
FRAZ AND TO SNAKE PARKING FOR THIS PROPOSED HOUSE THROUGH THAT
PARKING LOT
THIS PROPOSED HOUSE THROUGH THAT
PARKING LOT AND DOWN AND AROUND, JUST SEEMS
VERY PROBLEMATIC.
AND DOWN AND AROUND, JUST SEEMS VERY PROBLEMATIC.
>> MR. HARRISON, IF YOU CAN FIND
VERY PROBLEMATIC.
>> MR. HARRISON, IF YOU CAN FIND THE SLIDE WITH THE SITE PLAN,
THE SLIDE WITH THE SITE PLAN,
THAT MIGHT HELP.
IT'S EARLY ON.
THAT MIGHT HELP. IT'S EARLY ON.
THAT MIGHT HELP.
IT'S EARLY ON.
THAT MIGHT HELP. THERE IT IS.
SO OBVIOUSLY THE SLIDE IS A
THERE IT IS.
SO OBVIOUSLY THE SLIDE IS A LITTLE BIT DISTORTED, BUT WE'VE
GOT -- IN TERMS OF TENANTS, THIS
LITTLE BIT DISTORTED, BUT WE'VE GOT -- IN TERMS OF TENANTS, THIS
BUILDING IS 118 FEET OFF.
GOT -- IN TERMS OF TENANTS, THIS BUILDING IS 118 FEET OFF.
AND YOU CAN SEE THE BACK PORCH
BUILDING IS 118 FEET OFF. AND YOU CAN SEE THE BACK PORCH
FOR THE EXISTING HOUSE.
AND YOU CAN SEE THE BACK PORCH
FOR THE EXISTING HOUSE. IT WOULD BE MORE THAN TIGHT TO
TRY TO SNAKE OFF-STREET PARKING
IT WOULD BE MORE THAN TIGHT TO TRY TO SNAKE OFF-STREET PARKING
IN FROM THE ALLEY.
TRY TO SNAKE OFF-STREET PARKING IN FROM THE ALLEY.
AND STILL PROVIDE ADEQUATE
IN FROM THE ALLEY. AND STILL PROVIDE ADEQUATE
PARKING FOR THE TENANTS OF THE
AND STILL PROVIDE ADEQUATE PARKING FOR THE TENANTS OF THE
COMMERCIAL BUILDING CUSTOMERS
PARKING FOR THE TENANTS OF THE
COMMERCIAL BUILDING CUSTOMERS
AND THE HOMEOWNERS OF THE
EXISTING BUILDING.
AND THE HOMEOWNERS OF THE EXISTING BUILDING.
>> THERE ARE ALTERNATIVE
EXISTING BUILDING. >> THERE ARE ALTERNATIVE
ELEVATIONS AT THE BEGINNING OF
>> THERE ARE ALTERNATIVE
ELEVATIONS AT THE BEGINNING OF THE PRESENTATION?
CAN YOU ADDRESS THOSE?
THE PRESENTATION? CAN YOU ADDRESS THOSE?
>> THAT WAS AN OPTION THAT WE
CAN YOU ADDRESS THOSE? >> THAT WAS AN OPTION THAT WE
FELT LIKE IF WE HAD PROTESTS, IF
>> THAT WAS AN OPTION THAT WE FELT LIKE IF WE HAD PROTESTS, IF
AT ANY POINT WE FELT LIKE THERE
FELT LIKE IF WE HAD PROTESTS, IF AT ANY POINT WE FELT LIKE THERE
WERE NEIGHBORS WHO JUST COULDN'T
AT ANY POINT WE FELT LIKE THERE
WERE NEIGHBORS WHO JUST COULDN'T LIVE WITH 10 FEET, THEN WE
LIVE WITH 10 FEET, THEN WE
THOUGHT MAYBE THERE WAS SOME
SORT OF COMPROMISE.
BUT AGAIN, LOOKING AT THE
SORT OF COMPROMISE.
BUT AGAIN, LOOKING AT THE AVERAGE WIDTH ALONG THAT BLOCK,
WE'RE STILL NOT MEETING IT WITH
AVERAGE WIDTH ALONG THAT BLOCK, WE'RE STILL NOT MEETING IT WITH
THIS 10-FOOT VARIANCE.
WE'RE STILL NOT MEETING IT WITH
THIS 10-FOOT VARIANCE. BUT I MEAN, WE'RE IN THAT 30s
RANGE.
BUT I MEAN, WE'RE IN THAT 30s
RANGE. SO IT'S THREE FEET OFF BUT
IT'S -- WE FEEL LIKE THE 10-FOOT
SO IT'S THREE FEET OFF BUT IT'S -- WE FEEL LIKE THE 10-FOOT
VARIANCE WOULD GET US TO A POINT
IT'S -- WE FEEL LIKE THE 10-FOOT VARIANCE WOULD GET US TO A POINT
VARIANCE WOULD GET US TO A POINT
WHERE IT JUST KIND OF FITS
WITHIN THAT PATTERN ON 10th.
WHERE IT JUST KIND OF FITS WITHIN THAT PATTERN ON 10th.
FRAZ.
WITHIN THAT PATTERN ON 10th.
FRAZ. >> WHAT WAS THE WIDTH -- THE
FRONT OF THE ALTERNATIVE HOUSE?
>> WHAT WAS THE WIDTH -- THE FRONT OF THE ALTERNATIVE HOUSE?
>> IT WAS REDUCED BY FIVE.
FRONT OF THE ALTERNATIVE HOUSE? >> IT WAS REDUCED BY FIVE.
>> BY FIVE.
>> IT WAS REDUCED BY FIVE.
>> BY FIVE. >> WHICH MADE IT NARROWER
LOOKING FOR SURE.
>> WHICH MADE IT NARROWER
LOOKING FOR SURE. >> SO ON THE 50 FEET OF THE SIDE
OF THE HOUSE, IN THAT 10 FEET,
>> SO ON THE 50 FEET OF THE SIDE OF THE HOUSE, IN THAT 10 FEET,
EXTRA 10 FEET, ARE YOU ASKING
OF THE HOUSE, IN THAT 10 FEET,
EXTRA 10 FEET, ARE YOU ASKING THAT'S ALL HOUSE?
>> I'M SORRY, I'M NOT SURE --
THAT'S ALL HOUSE? >> I'M SORRY, I'M NOT SURE --
>> IF YOU WERE TO DRAW THE
>> I'M SORRY, I'M NOT SURE -- >> IF YOU WERE TO DRAW THE
>> IF YOU WERE TO DRAW THE
20-FOOT SETBACK ON HERE.
>> YES.
20-FOOT SETBACK ON HERE.
>> YES. >> I'M -- AND YOU'RE ASKING FOR
A 10-FOOT SET BACK HERE, YOU'RE
>> I'M -- AND YOU'RE ASKING FOR A 10-FOOT SET BACK HERE, YOU'RE
BUILDING ALL THE WAY TO THE
A 10-FOOT SET BACK HERE, YOU'RE BUILDING ALL THE WAY TO THE
10-FOOT SETBACK, SO I'M GUESSING
BUILDING ALL THE WAY TO THE 10-FOOT SETBACK, SO I'M GUESSING
THAT MANSLAUGHTER YOU'RE GOING
10-FOOT SETBACK, SO I'M GUESSING
THAT MANSLAUGHTER YOU'RE GOING TO HAVE 500 SQUARE FEET -- MEANS
YOU'RE GOING TO HAVE 500 SQUARE
TO HAVE 500 SQUARE FEET -- MEANS
YOU'RE GOING TO HAVE 500 SQUARE FEET IN THE FOOTPRINT.
50 FEET TIMES THE 10 FEET.
FEET IN THE FOOTPRINT.
50 FEET TIMES THE 10 FEET. >> WELL, AND IT WOULD BE TWO
STORIES.
>> WELL, AND IT WOULD BE TWO STORIES.
STORIES.
>> OKAY.
>> I ALSO POINT OUT THAT WE HAVE
TO MEET THE FRONT SETBACK ON
>> I ALSO POINT OUT THAT WE HAVE
TO MEET THE FRONT SETBACK ON LAWRENCE AND THAT'S 30 FEET.
SO THAT PUSHES THE HOUSE BACK A
LAWRENCE AND THAT'S 30 FEET. SO THAT PUSHES THE HOUSE BACK A
FAIR BIT.
SO THAT PUSHES THE HOUSE BACK A FAIR BIT.
THE SETBACKS IN THAT
FAIR BIT.
THE SETBACKS IN THAT NEIGHBORHOOD VARY WILDLY.
SOME ARE AS CLOSE AS 10 FEET.
NEIGHBORHOOD VARY WILDLY. SOME ARE AS CLOSE AS 10 FEET.
THIS BLOCK, THE AVERAGE IS RIGHT
SOME ARE AS CLOSE AS 10 FEET.
THIS BLOCK, THE AVERAGE IS RIGHT AT 30.
>> AND WHAT DID YOU SAY THE
AT 30. >> AND WHAT DID YOU SAY THE
AVERAGE SIDE SETBACK WAS ON THE
>> AND WHAT DID YOU SAY THE AVERAGE SIDE SETBACK WAS ON THE
COMPARABLES THAT YOU GAVE US?
AVERAGE SIDE SETBACK WAS ON THE
COMPARABLES THAT YOU GAVE US? >> I DIDN'T REALLY RUN AN
AVERAGE PER SE.
>> I DIDN'T REALLY RUN AN
AVERAGE PER SE. I GAVE JUST THE NUMBERS.
THEY RANGE FROM -- I KNOW THE
I GAVE JUST THE NUMBERS. THEY RANGE FROM -- I KNOW THE
HOUSE RIGHT AT THE THE CORNER OF
THEY RANGE FROM -- I KNOW THE HOUSE RIGHT AT THE THE CORNER OF
ACLIN AND TENTH AT 6 FEET.
HOUSE RIGHT AT THE THE CORNER OF ACLIN AND TENTH AT 6 FEET.
ACLIN AND TENTH AT 6 FEET.
THE ONE AT BAITS AND 10th, I
BELIEVE THAT'S AT 14 FEET.
BUT EVERY ONE OF THOSE THAT'S
BELIEVE THAT'S AT 14 FEET.
BUT EVERY ONE OF THOSE THAT'S HIGHLIGHTED IN GREEN IS WITHIN
THE 20 -- WIN 20 FEET.
HIGHLIGHTED IN GREEN IS WITHIN THE 20 -- WIN 20 FEET.
THEY HAVE -- WITHIN 20 FEET.
THE 20 -- WIN 20 FEET.
THEY HAVE -- WITHIN 20 FEET. THEY HAVE SHALLOW SETBACKS.
THE ONES ON THIS BLOCK AND
THEY HAVE SHALLOW SETBACKS.
THE ONES ON THIS BLOCK AND YOU'RE RIGHT, 11th IS A
DIFFERENT KIND OF STREET, BUT
YOU'RE RIGHT, 11th IS A
DIFFERENT KIND OF STREET, BUT IT'S REPRESENTATIVE OF THE
PATTERN.
IT'S REPRESENTATIVE OF THE
PATTERN. ON 11th AND DOUGLAS AND 11th
AND LAWRENCE, THOSE ARE AS CLOSE
ON 11th AND DOUGLAS AND 11th AND LAWRENCE, THOSE ARE AS CLOSE
AND LAWRENCE, THOSE ARE AS CLOSE
AS SIX FEET.
>> OKAY.
AS SIX FEET. >> OKAY.
>> DO WE HAVE ANY OTHER
>> OKAY.
>> DO WE HAVE ANY OTHER QUESTIONS?
>> I JUST WANT TO BE SURE
QUESTIONS? >> I JUST WANT TO BE SURE
THAT -- AND I LIKE YOUR PLAN AND
>> I JUST WANT TO BE SURE
THAT -- AND I LIKE YOUR PLAN AND I CAN SUPPORT YOUR PLAN EXCEPT
I'M CONFUSED ABOUT THE BUILDING
I CAN SUPPORT YOUR PLAN EXCEPT I'M CONFUSED ABOUT THE BUILDING
BEING THE HARDSHIP.
I'M CONFUSED ABOUT THE BUILDING
BEING THE HARDSHIP. AND I JUST DON'T SEE THAT
BUILDING BEING THE HARDSHIP.
AND I JUST DON'T SEE THAT BUILDING BEING THE HARDSHIP.
IF SOMEONE CAN HELP ME THERE, I
BUILDING BEING THE HARDSHIP. IF SOMEONE CAN HELP ME THERE, I
CAN USE SOME HELP.
IF SOMEONE CAN HELP ME THERE, I
CAN USE SOME HELP. THE OLD BUILDING, I'M TALKING
ABOUT.
THE OLD BUILDING, I'M TALKING
ABOUT. >> SURE.
AND MAYBE LEGAL CAN HELP EXPAND
>> SURE.
AND MAYBE LEGAL CAN HELP EXPAND ON THIS.
BUT THE CODE REQUIRES -- MY
ON THIS. BUT THE CODE REQUIRES -- MY
READING OF THE CODE AT LEAST,
BUT THE CODE REQUIRES -- MY READING OF THE CODE AT LEAST,
REQUIRES THAT IN ORDER TO OBTAIN
READING OF THE CODE AT LEAST,
REQUIRES THAT IN ORDER TO OBTAIN A VARIANCE, YOU HAVE TO CONSIDER
THE PHYSICAL CHARACTERISTICS OF
A VARIANCE, YOU HAVE TO CONSIDER
THE PHYSICAL CHARACTERISTICS OF THE PROPERTY.
SUCH AS NARROWNESS, SHALLOWNESS,
THE PROPERTY. SUCH AS NARROWNESS, SHALLOWNESS,
SHAPE.
SUCH AS NARROWNESS, SHALLOWNESS,
SHAPE. BUT IT GOES ON AND -- I'M NOT A
BZA EXPERT, BUT I DON'T -- I
BUT IT GOES ON AND -- I'M NOT A BZA EXPERT, BUT I DON'T -- I
DON'T REALLY -- I DON'T HEAR
BZA EXPERT, BUT I DON'T -- I DON'T REALLY -- I DON'T HEAR
THIS USED VERY OFTEN.
DON'T REALLY -- I DON'T HEAR THIS USED VERY OFTEN.
BUT IT GOES ON AND SAYS THAT IN
THIS USED VERY OFTEN. BUT IT GOES ON AND SAYS THAT IN
ORDER TO OBTAIN A VARIANCE, YOU
BUT IT GOES ON AND SAYS THAT IN ORDER TO OBTAIN A VARIANCE, YOU
ORDER TO OBTAIN A VARIANCE, YOU
CAN ALSO CONSIDER OTHER
EXTRAORDINARY AND EXCEPTIONAL
CAN ALSO CONSIDER OTHER EXTRAORDINARY AND EXCEPTIONAL
CONDITIONS.
EXTRAORDINARY AND EXCEPTIONAL
CONDITIONS. AND WE FEEL LIKE THE STOREFRONT
THAT WAS BUILT IN THE EARLY 19
AND WE FEEL LIKE THE STOREFRONT THAT WAS BUILT IN THE EARLY 19
HOUSTON IS PRETTY -- 1900s IS
THAT WAS BUILT IN THE EARLY 19 HOUSTON IS PRETTY -- 1900s IS
PRETTY EXCEPTIONAL AND IT'S
HOUSTON IS PRETTY -- 1900s IS
PRETTY EXCEPTIONAL AND IT'S UNIQUE TO THIS PROPERTY.
WHILE WE DO HAVE A COLLECTION OF
UNIQUE TO THIS PROPERTY. WHILE WE DO HAVE A COLLECTION OF
WHILE WE DO HAVE A COLLECTION OF
STOREFRONTS IN OUR OLDER
NEIGHBORHOODS, THEY'RE STILL
STOREFRONTS IN OUR OLDER NEIGHBORHOODS, THEY'RE STILL
VERY RARE, THAT YOU FIND THEM.
NEIGHBORHOODS, THEY'RE STILL VERY RARE, THAT YOU FIND THEM.
AND THAT THEY'RE USABLE IN SOME
VERY RARE, THAT YOU FIND THEM. AND THAT THEY'RE USABLE IN SOME
CASES.
AND THAT THEY'RE USABLE IN SOME
CASES. >> I AGREE.
AND I -- I GUESS MY CONCERN OR
>> I AGREE. AND I -- I GUESS MY CONCERN OR
QUESTION IS, THE THAT OLD
AND I -- I GUESS MY CONCERN OR QUESTION IS, THE THAT OLD
BUILDING WEREN'T THERE, WOULD
QUESTION IS, THE THAT OLD
BUILDING WEREN'T THERE, WOULD YOU HAVE A HARDSHIP?
>> IF THAT OLD BUILDING WEREN'T
YOU HAVE A HARDSHIP? >> IF THAT OLD BUILDING WEREN'T
THERE, I'M NOT SURE WE'D BE
>> IF THAT OLD BUILDING WEREN'T
THERE, I'M NOT SURE WE'D BE HERE.
I DON'T KNOW THAT WE WOULD.
HERE.
I DON'T KNOW THAT WE WOULD. I THINK THEN WE'D HAVE THE DEPTH
AND WE'D HAVE THE ACCESS OFF THE
I THINK THEN WE'D HAVE THE DEPTH AND WE'D HAVE THE ACCESS OFF THE
ALLEY AND -- I THINK -- I'LL SAY
AND WE'D HAVE THE ACCESS OFF THE ALLEY AND -- I THINK -- I'LL SAY
THIS.
ALLEY AND -- I THINK -- I'LL SAY
THIS. I WOULD THINK MOST NEIGHBORS,
CERTAINLY THE ONE THAT IS WE'VE
I WOULD THINK MOST NEIGHBORS,
CERTAINLY THE ONE THAT IS WE'VE BEEN IN CONTACT WITH AND -- ONES
THAT WE'VE BEEN IN CONTACT WITH
BEEN IN CONTACT WITH AND -- ONES
THAT WE'VE BEEN IN CONTACT WITH AND THE NEIGHBORHOOD PRESIDENT
MIGHT BE ABLE TO DEMAND ON THIS,
AND THE NEIGHBORHOOD PRESIDENT MIGHT BE ABLE TO DEMAND ON THIS,
WOULD -- TO COMMENT ON THIS.
MIGHT BE ABLE TO DEMAND ON THIS, WOULD -- TO COMMENT ON THIS.
WOULD -- IF WE HAVE TO BUILD
WOULD -- TO COMMENT ON THIS.
WOULD -- IF WE HAVE TO BUILD
THIS 23-FOOT WIDE HOUSE AT THREE
STORIES, WE'RE GOING TO UPSET
THIS 23-FOOT WIDE HOUSE AT THREE
STORIES, WE'RE GOING TO UPSET SOME PEOPLE.
>> DON'T GET ME WRONG.
SOME PEOPLE.
>> DON'T GET ME WRONG. I DON'T SUPPORT THE TALL
SKINNIES EITHER --
I DON'T SUPPORT THE TALL
SKINNIES EITHER -- >> YEAH.
>> IT TOOK ME A WHILE TO FIGURE
>> YEAH.
>> IT TOOK ME A WHILE TO FIGURE THIS OUT.
SO THIS IS MY TRANSLATION OF
THIS OUT.
SO THIS IS MY TRANSLATION OF WHAT THEY'RE SAYING, IS IF THEY
COULD THEY WOULD COME OFF THE
WHAT THEY'RE SAYING, IS IF THEY COULD THEY WOULD COME OFF THE
ALLEY TO GET THEIR PARKING BUT
COULD THEY WOULD COME OFF THE
ALLEY TO GET THEIR PARKING BUT THEY CAN'T BECAUSE THEY CAN'T GO
THROUGH THAT BUILDING.
THEY CAN'T BECAUSE THEY CAN'T GO
THROUGH THAT BUILDING.
SO THEY GOT TO BRING THE PARKING
OFF OF 10th WHICH MEANS THEIR
SO THEY GOT TO BRING THE PARKING OFF OF 10th WHICH MEANS THEIR
BUILDING CAN'T GO FURTHER BACK,
OFF OF 10th WHICH MEANS THEIR
BUILDING CAN'T GO FURTHER BACK, AND SO THE BUILDING -- THIS IS
MY WORD -- STUBBIER THAN IT
AND SO THE BUILDING -- THIS IS
MY WORD -- STUBBIER THAN IT WOULD BE.
BUT FOR THAT BUILDING, THEY
WOULD BE. BUT FOR THAT BUILDING, THEY
WOULD HAVE GREATER ABILITY TO GO
BUT FOR THAT BUILDING, THEY WOULD HAVE GREATER ABILITY TO GO
BACKWARDS.
WOULD HAVE GREATER ABILITY TO GO
BACKWARDS. BELIEVE ME, IT TOOK ME TWO
MEETINGS TO FIGURE THAT OUT.
BELIEVE ME, IT TOOK ME TWO
MEETINGS TO FIGURE THAT OUT. >> AND THE LENGTH OF THE HOUSE
>> AND THE LENGTH OF THE HOUSE
VERSUS THE WIDTH.
>> RIGHT.
VERSUS THE WIDTH. >> RIGHT.
>> OKAY.
>> RIGHT. >> OKAY.
>> ARE WE DONE WITH QUESTIONS
>> OKAY. >> ARE WE DONE WITH QUESTIONS
OR -- I MEAN -- OKAY.
>> ARE WE DONE WITH QUESTIONS
OR -- I MEAN -- OKAY. THEN WE'RE GOING TO MOVE TO
CLOSE THE PUBLIC HEARING AND
THEN WE'RE GOING TO MOVE TO
CLOSE THE PUBLIC HEARING AND OPEN DEBATE.
OPEN DEBATE.
>> MR. CHAIRMAN, DID YOU WANT TO
HEAR FROM THE NEIGHBORHOOD
>> MR. CHAIRMAN, DID YOU WANT TO HEAR FROM THE NEIGHBORHOOD
ASSOCIATION?
HEAR FROM THE NEIGHBORHOOD
ASSOCIATION?
>> OH --
>> YOU DON'T HAVE TO.
>> OH --
>> YOU DON'T HAVE TO. >> I DO BELIEVE WE'RE OUT OF
TIME.
>> I DO BELIEVE WE'RE OUT OF
TIME. BUT WE KNOW YOU'RE IN SUPPORT.
CORRECT?
BUT WE KNOW YOU'RE IN SUPPORT.
CORRECT? >> YEP.
>> SO SUPPORT.
>> YEP.
>> SO SUPPORT. IN FACT, WOULD EVERYBODY IN
SUPPORT RAISE THEIR HAND.
IN FACT, WOULD EVERYBODY IN SUPPORT RAISE THEIR HAND.
OKAY.
SUPPORT RAISE THEIR HAND.
OKAY. THANK YOU.
[LAUGHTER]
THANK YOU.
[LAUGHTER] >> ALL RIGHT.
OPENING DEBATE.
>> ALL RIGHT. OPENING DEBATE.
OPENING DEBATE.
>> I WANT TO START OFF -- DAY
ONE.
>> I WANT TO START OFF -- DAY
ONE. BECAUSE I DID -- I GUESS MAYBE I
DIDN'T UNDERSTAND THE PURPOSE OF
BECAUSE I DID -- I GUESS MAYBE I DIDN'T UNDERSTAND THE PURPOSE OF
THE OLD BUILDING, BECAUSE THAT
DIDN'T UNDERSTAND THE PURPOSE OF THE OLD BUILDING, BECAUSE THAT
IS A VARIANCE.
THE OLD BUILDING, BECAUSE THAT IS A VARIANCE.
BUT SOME -- HAD SOME LIGHT
IS A VARIANCE. BUT SOME -- HAD SOME LIGHT
SPREAD ON THE SUBJECT THERE.
BUT SOME -- HAD SOME LIGHT
SPREAD ON THE SUBJECT THERE. I'M REALLY NOT OPPOSED TODAY.
>> AND I WOULD -- I HAD A TOUGH
I'M REALLY NOT OPPOSED TODAY.
>> AND I WOULD -- I HAD A TOUGH TIME THE FIRST TIME WE HEARD WIT
THE HARDSHIP.
TIME THE FIRST TIME WE HEARD WIT
THE HARDSHIP. WE KNOW WE ASKED A LOT OF
QUESTIONS AND I APPLAUD THE
WE KNOW WE ASKED A LOT OF QUESTIONS AND I APPLAUD THE
QUESTIONS AND I APPLAUD THE
APPLICANT FOR -- WHAT I CONSIDER
TO BE EXTRAORDINARILY THOROUGH
APPLICANT FOR -- WHAT I CONSIDER TO BE EXTRAORDINARILY THOROUGH
HOMEWORK IN TERMS OF GETTING
TO BE EXTRAORDINARILY THOROUGH HOMEWORK IN TERMS OF GETTING
INFORMATION, EXAMPLES.
HOMEWORK IN TERMS OF GETTING INFORMATION, EXAMPLES.
I KNOW WE'RE LOOKING AT THE
INFORMATION, EXAMPLES. I KNOW WE'RE LOOKING AT THE
PROPERTY AS HAVING EXTRAORDINARY
I KNOW WE'RE LOOKING AT THE
PROPERTY AS HAVING EXTRAORDINARY SITUATION WITH THE RETAIL, BUT I
THINK THAT THE -- EXAMPLES ON
SITUATION WITH THE RETAIL, BUT I THINK THAT THE -- EXAMPLES ON
THE STREET ARE ALSO I THINK PART
THINK THAT THE -- EXAMPLES ON THE STREET ARE ALSO I THINK PART
OF AN EXTRAORDINARY SITUATION
THE STREET ARE ALSO I THINK PART OF AN EXTRAORDINARY SITUATION
WHERE IT MIGHT NOT MAKE SENSE.
OF AN EXTRAORDINARY SITUATION WHERE IT MIGHT NOT MAKE SENSE.
AND YOU KNOW, IF IT WERE ME AND
WHERE IT MIGHT NOT MAKE SENSE. AND YOU KNOW, IF IT WERE ME AND
MY PROPERTY, I WOULD -- YOU
AND YOU KNOW, IF IT WERE ME AND MY PROPERTY, I WOULD -- YOU
KNOW, I THINK IT WOULD BE FINE.
MY PROPERTY, I WOULD -- YOU
KNOW, I THINK IT WOULD BE FINE. I'D LOVE TO SEE ALSO MORE SPACE
BETWEEN THE TWO HOUSES AND --
I'D LOVE TO SEE ALSO MORE SPACE BETWEEN THE TWO HOUSES AND --
YOU KNOW, I DON'T KNOW THEY HAVE
BETWEEN THE TWO HOUSES AND -- YOU KNOW, I DON'T KNOW THEY HAVE
ASKED FOR THAT, FOR A NARROWER
YOU KNOW, I DON'T KNOW THEY HAVE ASKED FOR THAT, FOR A NARROWER
VARIANCE, BUT I -- YOU KNOW, I
ASKED FOR THAT, FOR A NARROWER VARIANCE, BUT I -- YOU KNOW, I
THINK IF IT'S HEADED THAT WAY,
VARIANCE, BUT I -- YOU KNOW, I THINK IF IT'S HEADED THAT WAY,
I'D ALMOST PREFER AN 8-FOOT
THINK IF IT'S HEADED THAT WAY, I'D ALMOST PREFER AN 8-FOOT
VARIANCE WITH AN 8-FOOT
I'D ALMOST PREFER AN 8-FOOT
VARIANCE WITH AN 8-FOOT REQUIREMENT BETWEEN THE HOUSES.
BUT KNOWING THAT THE CONTEXT ON
REQUIREMENT BETWEEN THE HOUSES. BUT KNOWING THAT THE CONTEXT ON
THE STREET SUPPORTS THAT, BUT
BUT KNOWING THAT THE CONTEXT ON THE STREET SUPPORTS THAT, BUT
THAT -- I CAN SUPPORT THE
THE STREET SUPPORTS THAT, BUT THAT -- I CAN SUPPORT THE
REQUEST.
THAT -- I CAN SUPPORT THE
REQUEST. >> THIS IS A SMALLER MATTER, BUT
THIS IS ALSO THE BEST USE OF
>> THIS IS A SMALLER MATTER, BUT THIS IS ALSO THE BEST USE OF
SMILEY FACES WE'VE EVER HAD AT
THIS IS ALSO THE BEST USE OF SMILEY FACES WE'VE EVER HAD AT
THE BZA.
SMILEY FACES WE'VE EVER HAD AT
THE BZA. THIS IS PERFECTLY EFFECTIVE
SMILEY FACES!
THIS IS PERFECTLY EFFECTIVE
SMILEY FACES! >> WELL DONE.
AND THE SMILEY FACES OF COURSE
>> WELL DONE. AND THE SMILEY FACES OF COURSE
REPRESENT ALL THE DOOR KNOCKING
AND THE SMILEY FACES OF COURSE
REPRESENT ALL THE DOOR KNOCKING THAT YOU DID IN SUPPORT OF YOUR
NEIGHBORS.
THAT YOU DID IN SUPPORT OF YOUR
NEIGHBORS. WE'RE -- YOU'RE VERY THOROUGH.
I DIDN'T HAVE A PROBLEM WITH
WE'RE -- YOU'RE VERY THOROUGH.
I DIDN'T HAVE A PROBLEM WITH
THIS AT FIRST.
I COMMEND YOU FOR YOUR EFFORTS
THIS AT FIRST. I COMMEND YOU FOR YOUR EFFORTS
TO SAVE ONE OF OUR OLD
I COMMEND YOU FOR YOUR EFFORTS TO SAVE ONE OF OUR OLD
TO SAVE ONE OF OUR OLD
STOREFRONT BUILDINGS.
WE USED TO HAVE A LOT OF SMALL
STOREFRONT BUILDINGS. WE USED TO HAVE A LOT OF SMALL
BUILDINGS, STORES, SCHOOLS, AND
WE USED TO HAVE A LOT OF SMALL BUILDINGS, STORES, SCHOOLS, AND
SUCH.
BUILDINGS, STORES, SCHOOLS, AND
SUCH. AND THIS IS KIND OF A THROWBACK
TO A DIFFERENT TIME IN
AND THIS IS KIND OF A THROWBACK
TO A DIFFERENT TIME IN NASHVILLE, SO I'M GLAD THAT THIS
WILL NOT BE TORN DOWN DURING
NASHVILLE, SO I'M GLAD THAT THIS WILL NOT BE TORN DOWN DURING
THIS.
WILL NOT BE TORN DOWN DURING
THIS. >> SECOND THAT.
SUPPORT THAT OLD BUILDING.
>> SECOND THAT. SUPPORT THAT OLD BUILDING.
I GUESS THE REAL HARDSHIP IS MY
SUPPORT THAT OLD BUILDING. I GUESS THE REAL HARDSHIP IS MY
MISUNDERSTANDING OF WHAT WE --
I GUESS THE REAL HARDSHIP IS MY MISUNDERSTANDING OF WHAT WE --
[LAUGHTER]
MISUNDERSTANDING OF WHAT WE --
[LAUGHTER] >> ALL RIGHT.
I'M GOING TO MOVE THAT THE BOARD
>> ALL RIGHT.
I'M GOING TO MOVE THAT THE BOARD APPROVE THE VARIANCE BECAUSE ALL
OF THE REQUIREMENTS OF
APPROVE THE VARIANCE BECAUSE ALL OF THE REQUIREMENTS OF
MCL17.40.370 HAVE BEEN MET.
OF THE REQUIREMENTS OF
MCL17.40.370 HAVE BEEN MET. THETHE BOARD FINDS THAT THE UNIE
CHARACTERISTICS OF THE PROPERTY
THETHE BOARD FINDS THAT THE UNIE CHARACTERISTICS OF THE PROPERTY
OR THE EXTRAORDINARY EXCEPTIONAL
CHARACTERISTICS OF THE PROPERTY OR THE EXTRAORDINARY EXCEPTIONAL
CONDITION OF THE OLD STOREFRONT
OR THE EXTRAORDINARY EXCEPTIONAL CONDITION OF THE OLD STOREFRONT
BUILDING ON THE BACK THAT LIMITS
CONDITION OF THE OLD STOREFRONT BUILDING ON THE BACK THAT LIMITS
DEPTH FOR THE REQUESTED
BUILDING ON THE BACK THAT LIMITS DEPTH FOR THE REQUESTED
DEPTH FOR THE REQUESTED
VARIANCE.
IS THERE A SECOND?
VARIANCE. IS THERE A SECOND?
>> I'LL SECOND BUT I WANT TO ADD
IS THERE A SECOND?
>> I'LL SECOND BUT I WANT TO ADD A CAVEAT ON THAT.
I THINK WE NEED TO STRIKE FROM
A CAVEAT ON THAT.
I THINK WE NEED TO STRIKE FROM THE APPLICATION ABOUT THE SIDE
GARAGE.
THE APPLICATION ABOUT THE SIDE
GARAGE. >> DOOR FACING THE STREET.
>> OKAY.
>> DOOR FACING THE STREET.
>> OKAY.
I AGREE.
SO WE'VE GOT A MOTION, GOT A
I AGREE. SO WE'VE GOT A MOTION, GOT A
SECOND.
SO WE'VE GOT A MOTION, GOT A
SECOND.
ALL IN FAVOR?
>> ANY OPPOSED?
ALL IN FAVOR?
>> ANY OPPOSED? PASSES.
>> GOOD LUCK.
PASSES.
>> GOOD LUCK. THANK YOU.
>> THANK YOU FOR COMING BACK.
THANK YOU. >> THANK YOU FOR COMING BACK.
>> PATIENCE COUNTS, RICK.
>> THANK YOU FOR COMING BACK. >> PATIENCE COUNTS, RICK.
>> MR. WHITSON, WOULD YOU LIKE
>> PATIENCE COUNTS, RICK.
>> MR. WHITSON, WOULD YOU LIKE TO REVISIT THE CONSENT AGENDA --
>> INDEED.
TO REVISIT THE CONSENT AGENDA --
>> INDEED. >> I UNDERSTAND THAT THE CASE
NUMBER --
>> I UNDERSTAND THAT THE CASE
NUMBER -- >> 38.
>> 38, THAT THEY HAVE REACHED A
>> 38.
>> 38, THAT THEY HAVE REACHED A RESOLUTION.
THERE'S NO FURTHER OPPOSITION TO
RESOLUTION.
THERE'S NO FURTHER OPPOSITION TO THAT CASE.
AND THEY'D LIKE TO HAVE IT
THAT CASE.
AND THEY'D LIKE TO HAVE IT ROLLED BACK ON TO THE CONSENT.
>> I'M SORRY.
ROLLED BACK ON TO THE CONSENT.
>> I'M SORRY. WE HAVE A MOTION FOR 38 TO BE ON
THE CONSENT AGENDA.
WE HAVE A MOTION FOR 38 TO BE ON
THE CONSENT AGENDA. IS THERE A SECOND?
>> I'LL SECOND IT.
IS THERE A SECOND?
>> I'LL SECOND IT. >> GOT A MOTION.
GOT A SECOND.
>> GOT A MOTION.
GOT A SECOND. I'M SORRY?
>> ACTUALLY -- ACTUALLY, THE
I'M SORRY?
>> ACTUALLY -- ACTUALLY, THE CONSENT AGENDA ALREADY BEEN
APPROVED?
CONSENT AGENDA ALREADY BEEN APPROVED?
I'M SORRY.
APPROVED?
I'M SORRY. SINCE THE CONSENT AGENDA HAS
ALREADY BEEN APPROVED, YOU CAN
SINCE THE CONSENT AGENDA HAS ALREADY BEEN APPROVED, YOU CAN
ALREADY BEEN APPROVED, YOU CAN
JUST MOVE TO APPROVE THIS
APPLICATION, IF THAT'S YOUR
JUST MOVE TO APPROVE THIS
APPLICATION, IF THAT'S YOUR DESIRE, RATHER THAN PUTTING IT
ON THE CONSENT AGENDA, BECAUSE
DESIRE, RATHER THAN PUTTING IT ON THE CONSENT AGENDA, BECAUSE
TECHNICALLY IT'S ALREADY BEEN
ON THE CONSENT AGENDA, BECAUSE
TECHNICALLY IT'S ALREADY BEEN PASSED ON.
>> OKAY.
PASSED ON.
>> OKAY. SO WE -- I MAKE A MOTION TO
APPROVE THE REQUESTED VARIANCE
SO WE -- I MAKE A MOTION TO APPROVE THE REQUESTED VARIANCE
IN CASE 38.
APPROVE THE REQUESTED VARIANCE IN CASE 38.
IN CASE 38.
A SECOND?
>> SECOND.
>> GOT A MOTION, GOT A SECOND.
>> SECOND.
>> GOT A MOTION, GOT A SECOND. ALL IN FAVOR?
>> ANY OPPOSED?
ALL IN FAVOR?
>> ANY OPPOSED? PASSES.
>> OKAY.
PASSES.
>> OKAY. MOVING TO OUR LAST CASE TO BE
HEARD TODAY, AND THAT WILL BE
MOVING TO OUR LAST CASE TO BE HEARD TODAY, AND THAT WILL BE
CASE FIVE-035.
HEARD TODAY, AND THAT WILL BE CASE FIVE-035.
THIS CASE IS ERIC MALO,
CASE FIVE-035. THIS CASE IS ERIC MALO,
APPELLANT, AND LESLIE BROWN,
THIS CASE IS ERIC MALO,
APPELLANT, AND LESLIE BROWN, OWNER OF THE PROPERTY LOCATED AT
477 CHESNUT STREET, REQUESTING
OWNER OF THE PROPERTY LOCATED AT 477 CHESNUT STREET, REQUESTING
AN ITEM D IN THE IRR DISTRICT TO
477 CHESNUT STREET, REQUESTING AN ITEM D IN THE IRR DISTRICT TO
AN ITEM D IN THE IRR DISTRICT TO
CONSTRUCT A 320-SQUARE-FOOT
ADDITION TO THE SIDE OF THE
CONSTRUCT A 320-SQUARE-FOOT ADDITION TO THE SIDE OF THE
NONCONFORMING RESIDENCE.
ADDITION TO THE SIDE OF THE
NONCONFORMING RESIDENCE. THIS IS REFERRED TO THE BOARD
UNDER SECTION 17.40.66C.
THIS IS REFERRED TO THE BOARD UNDER SECTION 17.40.66C.
THE APPELLANT HAS ALLEGED THE
UNDER SECTION 17.40.66C.
THE APPELLANT HAS ALLEGED THE BOARD WOULD HAVE JURISDICTION
UNDER SECTION 17 PERFECT 4 --
BOARD WOULD HAVE JURISDICTION UNDER SECTION 17 PERFECT 4 --
17.40 180 DID.
UNDER SECTION 17 PERFECT 4 -- 17.40 180 DID.
WE'LL HAVE MR. HARRISON MAKE A
17.40 180 DID. WE'LL HAVE MR. HARRISON MAKE A
PRESENTATION.
WE'LL HAVE MR. HARRISON MAKE A
PRESENTATION. WE DO HAVE OPPOSITION.
ARE THERE ANYPLEMENT
WE DO HAVE OPPOSITION. ARE THERE ANYPLEMENT
ANNOUNCEMENTS -- ANY PRELIMINARY
ARE THERE ANYPLEMENT
ANNOUNCEMENTS -- ANY PRELIMINARY ANNOUNCEMENTS ON THIS, BECAUSE
THE DEPARTMENT AND STAFF HAD
ANNOUNCEMENTS ON THIS, BECAUSE THE DEPARTMENT AND STAFF HAD
HEARD THERE MAY BE A REQUEST FOR
THE DEPARTMENT AND STAFF HAD HEARD THERE MAY BE A REQUEST FOR
A CONTINUEIANCE?
HEARD THERE MAY BE A REQUEST FOR
A CONTINUEIANCE? IS THAT THE CASE OR NOT?
>> YES -- WE BROUGHT THE
IS THAT THE CASE OR NOT?
>> YES -- WE BROUGHT THE LAWYER -- WE BROUGHT THE LETTER
FROM OUR ATTORNEY TODAY THAT
LAWYER -- WE BROUGHT THE LETTER
FROM OUR ATTORNEY TODAY THAT WE'RE IN DISPUTE OVER A PREVIOUS
ISSUE WHERE THEY HAD ADDED ON
WE'RE IN DISPUTE OVER A PREVIOUS ISSUE WHERE THEY HAD ADDED ON
THE HOUSE AND IT'S ACTUALLY A
ISSUE WHERE THEY HAD ADDED ON
THE HOUSE AND IT'S ACTUALLY A QUESTION OF WHETHER OR NOT IT'S
SO THE PROPERTY LINE.
QUESTION OF WHETHER OR NOT IT'S SO THE PROPERTY LINE.
>> SO DO YOU -- ARE YOU GOING TO
SO THE PROPERTY LINE. >> SO DO YOU -- ARE YOU GOING TO
BE ASKING THE BOARD -- BECAUSE
>> SO DO YOU -- ARE YOU GOING TO BE ASKING THE BOARD -- BECAUSE
THERE'S A PRELIMINARY MATTER,
BE ASKING THE BOARD -- BECAUSE
THERE'S A PRELIMINARY MATTER, ARE YOU GOING TO BE ASKING THE
BOARD TO CONTINUE THIS CASE OR
ARE YOU GOING TO BE ASKING THE
BOARD TO CONTINUE THIS CASE OR DO YOU WANT TO GO AHEAD AND HEAR
IN IT ITS FULL IN ORDER?
DO YOU WANT TO GO AHEAD AND HEAR IN IT ITS FULL IN ORDER?
>> I'D LIKE FOR A CONTINUANCE.
IN IT ITS FULL IN ORDER? >> I'D LIKE FOR A CONTINUANCE.
>> [INAUDIBLE]
>> I'D LIKE FOR A CONTINUANCE. >> [INAUDIBLE]
>> THERE'S A DISPUTE WHO OWNS
>> [INAUDIBLE] >> THERE'S A DISPUTE WHO OWNS
THE PROPERTY INCLUDING WHERE THE
>> THERE'S A DISPUTE WHO OWNS
THE PROPERTY INCLUDING WHERE THE PROPOSED ADDITION WILL BE
PROPOSED ADDITION WILL BE
CONSTRUCTED.
>> WELL --
CONSTRUCTED.
>> WELL --
>> [INAUDIBLE]
>> HOLD ON JUST ONE SECOND.
FOR OUR ATTORNEY, AND OUR
>> HOLD ON JUST ONE SECOND. FOR OUR ATTORNEY, AND OUR
SERGEANT AT ARMS APPARENTLY --
FOR OUR ATTORNEY, AND OUR SERGEANT AT ARMS APPARENTLY --
NICE PICK-UP HERE.
SERGEANT AT ARMS APPARENTLY -- NICE PICK-UP HERE.
SHOULD WE HEAR THE MERITS OF
NICE PICK-UP HERE. SHOULD WE HEAR THE MERITS OF
CONTINUING BEFORE THIS?
SHOULD WE HEAR THE MERITS OF CONTINUING BEFORE THIS?
>> THAT WOULD BE MY ADVICE TO
CONTINUING BEFORE THIS?
>> THAT WOULD BE MY ADVICE TO THE BOARD.
IS TO HAVE HOLD A HEARING ON THE
THE BOARD.
IS TO HAVE HOLD A HEARING ON THE ISSUE SOLELY OF THE DEFERRAL.
ISSUE SOLELY OF THE DEFERRAL.
IF THERE'S A DEFERRAL REQUEST,
THEN THE APPLICANT CAN SHOW WHY
IF THERE'S A DEFERRAL REQUEST,
THEN THE APPLICANT CAN SHOW WHY IT SHOULD NOT BE DEFERRED
WITHOUT GETTING INTO THE MERITS.
IT SHOULD NOT BE DEFERRED WITHOUT GETTING INTO THE MERITS.
ACTUAL CASE, AND THEN THE
WITHOUT GETTING INTO THE MERITS. ACTUAL CASE, AND THEN THE
OPPONENTS CAN HAVE AN
ACTUAL CASE, AND THEN THE
OPPONENTS CAN HAVE AN OPPORTUNITY TO SHOW WHY IT
SHOULD BE DEFERRED AND THEN THE
OPPORTUNITY TO SHOW WHY IT
SHOULD BE DEFERRED AND THEN THE BOARD CAN MAKE THE THRESHOLD
DECISION ON WHETHER IT BE SHE
BOARD CAN MAKE THE THRESHOLD DECISION ON WHETHER IT BE SHE
DEFERRED.
DECISION ON WHETHER IT BE SHE
DEFERRED. AFTER THAT DECISION IS MADE YOU
CAN ACTUALLY MAKE A DECISION ON
AFTER THAT DECISION IS MADE YOU
CAN ACTUALLY MAKE A DECISION ON THE MERITS.
DEPENDING ON WHAT YOU RULE.
THE MERITS. DEPENDING ON WHAT YOU RULE.
>> AND TO FURTHER MUDDY THOSE
DEPENDING ON WHAT YOU RULE. >> AND TO FURTHER MUDDY THOSE
WATERS, I DON'T KNOW IF THIS
>> AND TO FURTHER MUDDY THOSE WATERS, I DON'T KNOW IF THIS
APPLICANT IS PREPARED TO ARGUE
WATERS, I DON'T KNOW IF THIS APPLICANT IS PREPARED TO ARGUE
FOR OR AGAINST THE CONTINUANCE.
APPLICANT IS PREPARED TO ARGUE
FOR OR AGAINST THE CONTINUANCE. >> WELL --
>> UNDER THE MERITS OF THE
>> WELL -- >> UNDER THE MERITS OF THE
PRELIMINARY HEARING WE'RE
>> UNDER THE MERITS OF THE
PRELIMINARY HEARING WE'RE TALKING ABOUT.
>> AND I THINK THEY'VE HEARD A
TALKING ABOUT. >> AND I THINK THEY'VE HEARD A
LITTLE BIT ABOUT WHAT THE
>> AND I THINK THEY'VE HEARD A
LITTLE BIT ABOUT WHAT THE ARGUMENT IS GOING TO BE JUST BY
MR. HERBERT ASKING THEM WHAT
ARGUMENT IS GOING TO BE JUST BY
MR. HERBERT ASKING THEM WHAT
THEY INTEND TO ARGUE.
SO I THINK THEY'RE -- I CAN'T
THEY INTEND TO ARGUE.
SO I THINK THEY'RE -- I CAN'T SPEAK FOR THE APPLICATION.
I GUESS YOU WOULD HAVE TO ASK
SPEAK FOR THE APPLICATION.
I GUESS YOU WOULD HAVE TO ASK THE APPLICATION ARE THEY READY
THE APPLICATION ARE THEY READY
TO DEAL --
>> I JUST UNDERSTAND THAT MIGHT
TO DEAL --
>> I JUST UNDERSTAND THAT MIGHT BE AN ISSUE THAT WE MIGHT HAVE
TO DEFER TO THE --
BE AN ISSUE THAT WE MIGHT HAVE
TO DEFER TO THE -- >> RIGHT.
ARE THEY PREPARED TO DISCUSS
>> RIGHT.
ARE THEY PREPARED TO DISCUSS WHRRCHT IT SHOULD BE DEFERRED.
AND -- WHETHER OR NOT IT SHOULD
WHRRCHT IT SHOULD BE DEFERRED.
AND -- WHETHER OR NOT IT SHOULD BE DEFERRED AND WHETHER OR
NOT -- AND REALLY, FROM A LEGAL
BE DEFERRED AND WHETHER OR
NOT -- AND REALLY, FROM A LEGAL STANDPOINT, THE ISSUE IS WHETHER
IT'S RELEVANT THAT THERE IS --
STANDPOINT, THE ISSUE IS WHETHER IT'S RELEVANT THAT THERE IS --
>> RIGHT.
IT'S RELEVANT THAT THERE IS --
>> RIGHT. >> AN ONGOING PROPERTY DISPUTE.
IT MAY OR MAY NOT BE RELEVANT
>> AN ONGOING PROPERTY DISPUTE. IT MAY OR MAY NOT BE RELEVANT
AND THE COURT -- I'M SORRY.
IT MAY OR MAY NOT BE RELEVANT AND THE COURT -- I'M SORRY.
THE BOARD --
AND THE COURT -- I'M SORRY. THE BOARD --
[LAUGHTER]
THE BOARD --
[LAUGHTER] I PLO MOATED YOU ALL -- PROMOTED
YOU ALL TO COURT!
I PLO MOATED YOU ALL -- PROMOTED
YOU ALL TO COURT! THE BOARD MAY FEEL THAT IT IS --
IT IS RELEVANT OR THAT IT IS --
THE BOARD MAY FEEL THAT IT IS -- IT IS RELEVANT OR THAT IT IS --
OR THAT IT'S NOT TO THE DECISION
IT IS RELEVANT OR THAT IT IS -- OR THAT IT'S NOT TO THE DECISION
AS TO WHETHER OR NOT THEY ARE
OR THAT IT'S NOT TO THE DECISION AS TO WHETHER OR NOT THEY ARE
AS TO WHETHER OR NOT THEY ARE
GRANTED THE APPEAL THAT THEY'RE
SEEKING OR NOT.
GRANTED THE APPEAL THAT THEY'RE
SEEKING OR NOT. SO THERE'S SOME PRELIMINARY
THINGS THAT NEED TO BE DECIDED
SO THERE'S SOME PRELIMINARY
THINGS THAT NEED TO BE DECIDED ABOUT A BOARD, I WOULD ADVICE.
>> SO THE OPPONENTS HAVE ASKED,
ABOUT A BOARD, I WOULD ADVICE. >> SO THE OPPONENTS HAVE ASKED,
IS IT A ONE-MEETING DEFERRAL
>> SO THE OPPONENTS HAVE ASKED,
IS IT A ONE-MEETING DEFERRAL TILL MAY 7th?
>> I THINK WHAT WE OUGHT TO DO
TILL MAY 7th? >> I THINK WHAT WE OUGHT TO DO
IS HAVE THE ENTITY THAT'S MAKING
>> I THINK WHAT WE OUGHT TO DO
IS HAVE THE ENTITY THAT'S MAKING THE MOTION FOR THE DEFERRAL TO
COME UP AND MAKE THAT MOTION AND
THE MOTION FOR THE DEFERRAL TO COME UP AND MAKE THAT MOTION AND
PRESENT THEIR EVIDENCE, AND THEN
COME UP AND MAKE THAT MOTION AND PRESENT THEIR EVIDENCE, AND THEN
THE OPPOSITION CAN THEN STATE
PRESENT THEIR EVIDENCE, AND THEN THE OPPOSITION CAN THEN STATE
THEIR EVIDENCE AND THEN YOU ALL
THE OPPOSITION CAN THEN STATE
THEIR EVIDENCE AND THEN YOU ALL CAN MAKE A DETERMINATION AS TO
WHETHER IT SHOULD BE DEFERRED OR
CAN MAKE A DETERMINATION AS TO WHETHER IT SHOULD BE DEFERRED OR
NOT.
WHETHER IT SHOULD BE DEFERRED OR
NOT.
AND THEN WEEDS TAKE UP.
-- WE'D FAKE UP.
AND THEN WEEDS TAKE UP.
-- WE'D FAKE UP. IF YOU DO GRANT -- WE'D TAKE UP.
IF YOU DO GRANT THE DEFERRAL, TO
IF YOU DO GRANT -- WE'D TAKE UP. IF YOU DO GRANT THE DEFERRAL, TO
IF YOU DO GRANT THE DEFERRAL, TO
WHEN.
>> I AGREE.
WHEN.
>> I AGREE. >> FOLKS, SINCE YOU DON'T MIND,
SINCE YOU ARE THE PERSONS MAKING
>> FOLKS, SINCE YOU DON'T MIND,
SINCE YOU ARE THE PERSONS MAKING THE MOTION TO DEFER, IF YOU
WOULDN'T MIND COMING FORWARD
THE MOTION TO DEFER, IF YOU WOULDN'T MIND COMING FORWARD
AND -- AND MAKE THAT MOTION TO
WOULDN'T MIND COMING FORWARD
AND -- AND MAKE THAT MOTION TO THE BOARD.
AND FOLKS, WHEN YOU DO, IF YOU
THE BOARD. AND FOLKS, WHEN YOU DO, IF YOU
WOULD PLEASE TURN ON YOUR
AND FOLKS, WHEN YOU DO, IF YOU
WOULD PLEASE TURN ON YOUR MICROPHONES AND IDENTIFY
YOURSELF TO THE BOARD PLEASE.
MICROPHONES AND IDENTIFY YOURSELF TO THE BOARD PLEASE.
YOURSELF TO THE BOARD PLEASE.
>> I'M -- [INAUDIBLE]
>> OKAY.
SORRY.
MY NAME IS KURT FRANCIS.
SORRY.
MY NAME IS KURT FRANCIS. I AM THE OWNER OF THE COMMERCIAL
PROPERTY NEXT DOOR TO THE
I AM THE OWNER OF THE COMMERCIAL
PROPERTY NEXT DOOR TO THE BUILDING IN ECONOMY.
WE'RE AT 467 AND 469 CHESTNUT
BUILDING IN ECONOMY. WE'RE AT 467 AND 469 CHESTNUT
STREET.
WE'RE AT 467 AND 469 CHESTNUT
STREET. OUR PROPERTY IS BASICALLY RIGHT
OUR PROPERTY IS BASICALLY RIGHT
NEXT DOOR TO THE HOUSE.
OURS IS COMMERCIAL AND THEIRS IS
NEXT DOOR TO THE HOUSE. OURS IS COMMERCIAL AND THEIRS IS
A RESIDENTIAL.
OURS IS COMMERCIAL AND THEIRS IS
A RESIDENTIAL. >> CAN I ASK YOU A QUESTION?
WE HAVE A LETTER FROM WATKINS
>> CAN I ASK YOU A QUESTION? WE HAVE A LETTER FROM WATKINS
AND McNEELY, A LAW FIRM
WE HAVE A LETTER FROM WATKINS AND McNEELY, A LAW FIRM
REPRESENTING YOU ON THIS MATTER.
AND McNEELY, A LAW FIRM
REPRESENTING YOU ON THIS MATTER. IS THERE A REASON WHY THEY'RE
NOT HERE TODAY OR COULDN'T BE
IS THERE A REASON WHY THEY'RE
NOT HERE TODAY OR COULDN'T BE HERE TODAY?
>> WELL, THEY HAD -- WE'RE GOING
HERE TODAY?
>> WELL, THEY HAD -- WE'RE GOING TO COME TO THIS AND WE THOUGHT
THAT WE WERE JUST GOING TO BE
TO COME TO THIS AND WE THOUGHT
THAT WE WERE JUST GOING TO BE ABLE TO GET A DEFERMENT.
WE CAN CERTAINLY INVOLVE THEM IN
ABLE TO GET A DEFERMENT.
WE CAN CERTAINLY INVOLVE THEM IN THAT'S NECESSARY, BUT WE'VE DONE
EXTENSIVE RESEARCH THROUGH THEIR
THAT'S NECESSARY, BUT WE'VE DONE EXTENSIVE RESEARCH THROUGH THEIR
FIRM TO -- WELL, IT'S A LONG
EXTENSIVE RESEARCH THROUGH THEIR FIRM TO -- WELL, IT'S A LONG
STORY, BUT TO FIGURE OUT THE
FIRM TO -- WELL, IT'S A LONG
STORY, BUT TO FIGURE OUT THE WHOLE SITUATION, WE'VE ALREADY
SPENT QUITE A BIT OF MONEY TO
WHOLE SITUATION, WE'VE ALREADY SPENT QUITE A BIT OF MONEY TO
TRY TO THE GET TO THE FACTS OF
SPENT QUITE A BIT OF MONEY TO
TRY TO THE GET TO THE FACTS OF THIS MATTER AND WE JUST THOUGHT
WE COULD HANDLE THE EXPLANATION
THIS MATTER AND WE JUST THOUGHT
WE COULD HANDLE THE EXPLANATION OF WHY WE WANTE THE DEFERMENT
AND WE NEEDED TO GET THEM
OF WHY WE WANTE THE DEFERMENT
AND WE NEEDED TO GET THEM INVOLVED AS WELL, WE CAN DO
THAT.
INVOLVED AS WELL, WE CAN DO
THAT.
>> I NOTICE FROM THEIR LETTER
THAT THERE'S CURRENTLY A SURVEY
BEING DONE.
THAT THERE'S CURRENTLY A SURVEY
BEING DONE. >> YES.
>> WHEN DO YOU ANTICIPATE THE
>> YES.
>> WHEN DO YOU ANTICIPATE THE RESULTS OF THAT SURVEY?
>> WELL, THE TRUTH IS, WE HAD
RESULTS OF THAT SURVEY?
>> WELL, THE TRUTH IS, WE HAD ONE SURVEY DONE BECAUSE WE ADDED
A WAREHOUSE ON TO OUR CURRENT
ONE SURVEY DONE BECAUSE WE ADDED A WAREHOUSE ON TO OUR CURRENT
BUILDING.
A WAREHOUSE ON TO OUR CURRENT
BUILDING. AND THAT WAREHOUSE IS COMPLETED.
BIT THIS IS WHEN THE FLAGS --
AND THAT WAREHOUSE IS COMPLETED. BIT THIS IS WHEN THE FLAGS --
THE RED FLAG FLEW UP LAST YEAR
BIT THIS IS WHEN THE FLAGS --
THE RED FLAG FLEW UP LAST YEAR BACK IN THE SUMMER OF 2014 WHEN
THEY HAD THE SURVEY DONE OR
BACK IN THE SUMMER OF 2014 WHEN
THEY HAD THE SURVEY DONE OR WHENEVER THAT WAS COMPLETED AND
WE TRIED TO REQUEST THAT WE
WHENEVER THAT WAS COMPLETED AND
WE TRIED TO REQUEST THAT WE NEGOTIATE THIS, BUT I DON'T
THINK THAT THEY HAVE EVER GOTTEN
NEGOTIATE THIS, BUT I DON'T
THINK THAT THEY HAVE EVER GOTTEN A LEGITIMATE SURVEY.
WE'VE REQUESTED IT.
A LEGITIMATE SURVEY.
WE'VE REQUESTED IT. THEY HAVE ONE INSTEAD OF A SITE
PLAN.
THEY HAVE ONE INSTEAD OF A SITE
PLAN. THEY DON'T HAVE A SURVEY.
SO WE DECIDED TO GO AHEAD AND
THEY DON'T HAVE A SURVEY. SO WE DECIDED TO GO AHEAD AND
GET A MORE IN-DEPTH SURVEY FROM
SO WE DECIDED TO GO AHEAD AND
GET A MORE IN-DEPTH SURVEY FROM JAMES AND ASSOCIATES, WHICH IS
AN ENGINEERING AND SURVEY FIRM.
JAMES AND ASSOCIATES, WHICH IS AN ENGINEERING AND SURVEY FIRM.
SO THIS WOULD BE OUR SECOND
AN ENGINEERING AND SURVEY FIRM. SO THIS WOULD BE OUR SECOND
SURVEY.
SO THIS WOULD BE OUR SECOND
SURVEY. AND THEY ACTUALLY JUST COMPLETED
A PRELIMINARY SKETCH DRAWING
AND THEY ACTUALLY JUST COMPLETED
A PRELIMINARY SKETCH DRAWING YESTERDAY.
WE DIDN'T THINK IT WOULD BE DONE
YESTERDAY.
WE DIDN'T THINK IT WOULD BE DONE BEFORE THIS HEARING, BUT THEY
SURPRISED US AND HAD THE
BEFORE THIS HEARING, BUT THEY SURPRISED US AND HAD THE
INFORMATION FOR US LAST NIGHT.
SURPRISED US AND HAD THE INFORMATION FOR US LAST NIGHT.
INFORMATION FOR US LAST NIGHT.
>> WELL, I GUESS I'M TRYING TO
FIGURE OUT WHEN WILL THEY
>> WELL, I GUESS I'M TRYING TO
FIGURE OUT WHEN WILL THEY CERTIFY THE SURVEY?
BECAUSE --
CERTIFY THE SURVEY?
BECAUSE -- >> IT IS STAMPED.
>> IT'S STAMPED.
>> IT IS STAMPED.
>> IT'S STAMPED. >> STAMPED CERTIFIED.
>> IT IS?
>> STAMPED CERTIFIED.
>> IT IS? >> YES.
WE WERE STILL IN THE PROCESS OF
>> YES. WE WERE STILL IN THE PROCESS OF
NEGOTIATING BECAUSE WE WANTED
WE WERE STILL IN THE PROCESS OF
NEGOTIATING BECAUSE WE WANTED OUR LAWYER TO TALK TO THEIR
LAWYER AND TRY TO WORK THROUGH
OUR LAWYER TO TALK TO THEIR LAWYER AND TRY TO WORK THROUGH
THE SITUATION WE HAVE BEFORE
LAWYER AND TRY TO WORK THROUGH THE SITUATION WE HAVE BEFORE
THIS WENT ANY FURTHER.
THE SITUATION WE HAVE BEFORE THIS WENT ANY FURTHER.
INTO ANOTHER --
THIS WENT ANY FURTHER.
INTO ANOTHER -- >> BUT WE CANNOT PLACE -- MY
NAME IS JULIE THOMPSON.
>> BUT WE CANNOT PLACE -- MY NAME IS JULIE THOMPSON.
I WORK FOR MR. FRANCIS.
NAME IS JULIE THOMPSON.
I WORK FOR MR. FRANCIS. WE CANNOT PLACE THEIR ADDITION
ON TO OUR SURVEY BECAUSE THEIR
WE CANNOT PLACE THEIR ADDITION ON TO OUR SURVEY BECAUSE THEIR
SITE PLAN DIDN'T HAVE ALL THE
ON TO OUR SURVEY BECAUSE THEIR SITE PLAN DIDN'T HAVE ALL THE
DIMENSIONS ON IT IN ORDER TO
SITE PLAN DIDN'T HAVE ALL THE
DIMENSIONS ON IT IN ORDER TO ACCURATELY PLACE IT ON OUR
SURVEY.
ACCURATELY PLACE IT ON OUR
SURVEY. >> SO ARE YOU SAYING THAT
IT'S -- THAT YOUR CONCERN IS
>> SO ARE YOU SAYING THAT IT'S -- THAT YOUR CONCERN IS
THAT THE -- THE ADDITION THAT
IT'S -- THAT YOUR CONCERN IS THAT THE -- THE ADDITION THAT
THEY'RE REQUESTING NOW --
THAT THE -- THE ADDITION THAT THEY'RE REQUESTING NOW --
>> YES.
THEY'RE REQUESTING NOW --
>> YES. >> WILL BE INFRINGE ON YOUR
PROPERTY OR -- AND/OR EXISTING
>> WILL BE INFRINGE ON YOUR PROPERTY OR -- AND/OR EXISTING
PIECES OF THEIR STRUCTURE ARE
PROPERTY OR -- AND/OR EXISTING
PIECES OF THEIR STRUCTURE ARE NOW ON YOUR PROPERTY?
NOW ON YOUR PROPERTY?
>> YES.
>> YES, WE --
>> YES.
>> YES, WE -- >> SO BOTH OF THOSE?
>> YES.
>> SO BOTH OF THOSE? >> YES.
>> YES.
>> LET ME ASK YOU.
HAVE YOU PRESENTED THIS NEW
>> LET ME ASK YOU. HAVE YOU PRESENTED THIS NEW
SURVEY TO THE OWNERS OF THE
HAVE YOU PRESENTED THIS NEW SURVEY TO THE OWNERS OF THE
PROPERTY?
SURVEY TO THE OWNERS OF THE
PROPERTY? >> WE HAVEN'T HAD THE CHANCE.
WE JUST GOT IT LAST NIGHT.
>> WE HAVEN'T HAD THE CHANCE. WE JUST GOT IT LAST NIGHT.
AND WE'VE BEEN -- THIS MORNING
WE JUST GOT IT LAST NIGHT.
AND WE'VE BEEN -- THIS MORNING WE TALKED TO OUR ATTORNEY.
WE ALSO DISCUSSED THE SURVEY
WE TALKED TO OUR ATTORNEY.
WE ALSO DISCUSSED THE SURVEY WITH THE ENGINEERS AND THE
SURVEYORS WHO DID THIS MORE
WITH THE ENGINEERS AND THE SURVEYORS WHO DID THIS MORE
EXTENSIVE SURVEY.
SURVEYORS WHO DID THIS MORE
EXTENSIVE SURVEY. BUT IT'S ALL HAPPENING RIGHT
NOW.
BUT IT'S ALL HAPPENING RIGHT
NOW. WE JUST GOT THIS --
>> OKAY.
WE JUST GOT THIS --
>> OKAY. JUST THINKING OFF THE TOP OF MY
HEAD, I'M GOING TO BE REALLY
JUST THINKING OFF THE TOP OF MY HEAD, I'M GOING TO BE REALLY
RETICENT TO VOTE ON ANYTHING
HEAD, I'M GOING TO BE REALLY
RETICENT TO VOTE ON ANYTHING WHERE IT COULD POSSIBLY GO OVER
A PROPERTY LINE AND SO
WHERE IT COULD POSSIBLY GO OVER A PROPERTY LINE AND SO
DEFERMENT -- DEFERRAL SEEMS LIKE
A PROPERTY LINE AND SO
DEFERMENT -- DEFERRAL SEEMS LIKE
THE ONLY REASONABLE THINK TO DO.
I MEAN, I'LL BE GLAD TO HEAR
THE ONLY REASONABLE THINK TO DO.
I MEAN, I'LL BE GLAD TO HEAR YOU, MA'AM, BUT IF THERE'S A
SURVEY THAT EITHER SAYS YOU ARE
YOU, MA'AM, BUT IF THERE'S A
SURVEY THAT EITHER SAYS YOU ARE GOING OVER OR YOU AREN'T GOING
OVER, THAT REALLY PUTS THIS
GOING OVER OR YOU AREN'T GOING
OVER, THAT REALLY PUTS THIS BOARD IN A TOUGH SITUATION.
I THINK TO ME, IT MAKES A LOT OF
BOARD IN A TOUGH SITUATION. I THINK TO ME, IT MAKES A LOT OF
SENSE TO GIVE THEM A COUPLE OF
I THINK TO ME, IT MAKES A LOT OF SENSE TO GIVE THEM A COUPLE OF
WEEKS.
SENSE TO GIVE THEM A COUPLE OF
WEEKS. BUT I DON'T MEAN TO SPEAK FOR
YOU, SO --
BUT I DON'T MEAN TO SPEAK FOR
YOU, SO -- >> AND I THINK THE OTHER THING
THE APPLICANT SAID WAS THEY
>> AND I THINK THE OTHER THING THE APPLICANT SAID WAS THEY
COULDN'T NECESSARILY TELL
THE APPLICANT SAID WAS THEY COULDN'T NECESSARILY TELL
BECAUSE YOUR PLANS WERE NOT
COULDN'T NECESSARILY TELL BECAUSE YOUR PLANS WERE NOT
NECESSARILY IN THE FINAL FORM
BECAUSE YOUR PLANS WERE NOT NECESSARILY IN THE FINAL FORM
WHERE THE ADDITION IS EXACTLY
NECESSARILY IN THE FINAL FORM
WHERE THE ADDITION IS EXACTLY GOING.
>> WELL, I CAN ADDRESS THAT.
GOING. >> WELL, I CAN ADDRESS THAT.
OUR WAREHOUSE IS COMPLETED.
>> WELL, I CAN ADDRESS THAT. OUR WAREHOUSE IS COMPLETED.
WE ACTUALLY BUILT --
OUR WAREHOUSE IS COMPLETED.
WE ACTUALLY BUILT -- >> I'M TALKING ABOUT THEIR --
>> I'M SORRY.
>> I'M TALKING ABOUT THEIR --
>> I'M SORRY. >> THEIR PLAN.
SO IF YOU DON'T KNOW EXACTLY
>> THEIR PLAN.
SO IF YOU DON'T KNOW EXACTLY WHERE THEIR ADDITION IS GOING,
IT'S HARD TO SAY IF IT'S GOING
WHERE THEIR ADDITION IS GOING,
IT'S HARD TO SAY IF IT'S GOING TO ENCROACH OR NOT.
TO ENCROACH OR NOT.
>> DOES ANYBODY ON THE BOARD OR
DO YOU HAVE ANYTHING ELSE TO
>> DOES ANYBODY ON THE BOARD OR
DO YOU HAVE ANYTHING ELSE TO SAY, BECAUSE IF NOT, I MEAN, I
IF I WE OUGHT TO LET THE
SAY, BECAUSE IF NOT, I MEAN, I IF I WE OUGHT TO LET THE
APPLICANT SPEAK.
IF I WE OUGHT TO LET THE
APPLICANT SPEAK. DOES ANYBODY ELSE HAVE ANYTHING?
>> I HAVE A QUESTION.
DOES ANYBODY ELSE HAVE ANYTHING?
>> I HAVE A QUESTION. WILL THE SURVEY INCLUDE THEIR
HOUSE AND THEIR PROPERTY -- WILL
WILL THE SURVEY INCLUDE THEIR HOUSE AND THEIR PROPERTY -- WILL
IT INCLUDE THEIR CURRENT HOUSE
HOUSE AND THEIR PROPERTY -- WILL IT INCLUDE THEIR CURRENT HOUSE
IN THE CURRENT CONDITION ON YOUR
IT INCLUDE THEIR CURRENT HOUSE
IN THE CURRENT CONDITION ON YOUR SURVEY?
>> YES.
SURVEY?
>> YES. WE HAD IT.
THE SURVEY THAT WAS JUST DONE,
WE HAD IT.
THE SURVEY THAT WAS JUST DONE,
THE MORE EXTENSIVE SURVEY, SHOWS
THEIR HOUSE AND IT GOES ALL THE
THE MORE EXTENSIVE SURVEY, SHOWS THEIR HOUSE AND IT GOES ALL THE
WAY BACK TO THE EARLY 1800s.
THEIR HOUSE AND IT GOES ALL THE WAY BACK TO THE EARLY 1800s.
THIS IS --
WAY BACK TO THE EARLY 1800s.
THIS IS -- >> MAY WE SEE THE SURVEY AND
HAVE YOU SHOWN THE APPELLANTS
>> MAY WE SEE THE SURVEY AND HAVE YOU SHOWN THE APPELLANTS
THE SURVEY?
HAVE YOU SHOWN THE APPELLANTS
THE SURVEY? >> I HAVE COPIES, IF YOU'D LIKE
>> I HAVE COPIES, IF YOU'D LIKE
TO SEE THOSE.
>> WOULD YOU MIND SHARING A COPY
TO SEE THOSE. >> WOULD YOU MIND SHARING A COPY
OF THEM WHILE WE LOOK AT IT FOR
>> WOULD YOU MIND SHARING A COPY OF THEM WHILE WE LOOK AT IT FOR
JUST A SECOND?
OF THEM WHILE WE LOOK AT IT FOR
JUST A SECOND? >> SURE.
>> CHAIRMAN, YOU WANT TO HEAR
>> SURE.
>> CHAIRMAN, YOU WANT TO HEAR FROM THE OTHERS?
>> IN AN ATTEMPT TO MOVE THIS
FROM THE OTHERS? >> IN AN ATTEMPT TO MOVE THIS
ON.
>> IN AN ATTEMPT TO MOVE THIS
ON. THANK YOU VERY MUCH.
AND COULD WE GET YOU ALL TO COME
THANK YOU VERY MUCH. AND COULD WE GET YOU ALL TO COME
FORWARD?
AND COULD WE GET YOU ALL TO COME
FORWARD? >> THANKTHANK YOU FOR HEARING.
AND WE -- IF YOU GUYS COULD EACH
>> THANKTHANK YOU FOR HEARING. AND WE -- IF YOU GUYS COULD EACH
GIVE YOUR NAME, TOO.
AND WE -- IF YOU GUYS COULD EACH
GIVE YOUR NAME, TOO. SO WE HAVE IT ON RECORD AND WE
KNOW WHO YOU ARE.
SO WE HAVE IT ON RECORD AND WE KNOW WHO YOU ARE.
KNOW WHO YOU ARE.
>> I'M ERIC MALO, I'M HERE ON
BEHALF OF MY FRIENDS AND
>> I'M ERIC MALO, I'M HERE ON
BEHALF OF MY FRIENDS AND CLIENTS, LAUREN BROWN AND JOHN
SEWELL.
CLIENTS, LAUREN BROWN AND JOHN
SEWELL. >> I'M LAUREN BROWN, THE
PROPERTY OWNER.
>> I'M LAUREN BROWN, THE PROPERTY OWNER.
>> JOHN SEWELL, HUSBAND.
PROPERTY OWNER. >> JOHN SEWELL, HUSBAND.
>> I MEAN, I THINK -- I DON'T
>> JOHN SEWELL, HUSBAND. >> I MEAN, I THINK -- I DON'T
THINK ANYBODY, CERTAINLY THIS
>> I MEAN, I THINK -- I DON'T THINK ANYBODY, CERTAINLY THIS
BOARD, I DON'T EVEN THINK THE
THINK ANYBODY, CERTAINLY THIS
BOARD, I DON'T EVEN THINK THE OPPOSITION, ANYBODY IS TRYING TO
SANDBAG YOU.
OPPOSITION, ANYBODY IS TRYING TO
SANDBAG YOU. IF I JUST GOT HAND ADD SURVEY, I
WOULD -- HANDED YOU A SURVEY, I
IF I JUST GOT HAND ADD SURVEY, I
WOULD -- HANDED YOU A SURVEY, I
WOULD WANT TIME TO DIGEST IT.
>> I COULD ANSWER ONE THING
WOULD WANT TIME TO DIGEST IT.
>> I COULD ANSWER ONE THING RIGHT NOW.
IT'S WRONG.
RIGHT NOW. IT'S WRONG.
THEIR FRONTAGE ON HUMPHREY
IT'S WRONG. THEIR FRONTAGE ON HUMPHREY
STREET BY THEIR DEED IS ONLY
THEIR FRONTAGE ON HUMPHREY STREET BY THEIR DEED IS ONLY
45.6 FEET OR SOMETHING THERE
STREET BY THEIR DEED IS ONLY 45.6 FEET OR SOMETHING THERE
45.6 FEET OR SOMETHING THERE
ABOUT.
AND HERE THEY'RE SHOWING ALMOST
ABOUT.
AND HERE THEY'RE SHOWING ALMOST 51 FEET.
>> ARE YOU AN ENGINEER?
51 FEET.
>> ARE YOU AN ENGINEER? >> NO, BUT I'VE HELPED DO
SURVEYS AND I WORK IN ODDOCAD
>> NO, BUT I'VE HELPED DO SURVEYS AND I WORK IN ODDOCAD
ALL THE TIME AND I'M -- AUTOCAD
SURVEYS AND I WORK IN ODDOCAD ALL THE TIME AND I'M -- AUTOCAD
ALL THE TIME AND I'M AWARE OF
ALL THE TIME AND I'M -- AUTOCAD ALL THE TIME AND I'M AWARE OF
THIS ISSUE -- SORRY, I'M
ALL THE TIME AND I'M AWARE OF THIS ISSUE -- SORRY, I'M
NERVOUS.
THIS ISSUE -- SORRY, I'M NERVOUS.
THEY'VE -- APPROACHED US WITH
NERVOUS.
THEY'VE -- APPROACHED US WITH ANOTHER SURVEY BEFORE THAT WAS
ALSO IN ERROR.
ANOTHER SURVEY BEFORE THAT WAS ALSO IN ERROR.
>> SO YOU'RE SAYING THE --
ALSO IN ERROR. >> SO YOU'RE SAYING THE --
>> IF I'M READING IT CORRECTLY,
>> SO YOU'RE SAYING THE -- >> IF I'M READING IT CORRECTLY,
THEY HAVE 50.77 FEET AND THAT'S
>> IF I'M READING IT CORRECTLY, THEY HAVE 50.77 FEET AND THAT'S
WHAT THEIR DEED SHOWS THAT THEY
THEY HAVE 50.77 FEET AND THAT'S WHAT THEIR DEED SHOWS THAT THEY
OWN.
WHAT THEIR DEED SHOWS THAT THEY
OWN.
>> SO THERE COULD BE A CONFLICT
AND --
>> SO THERE COULD BE A CONFLICT
AND -- >> THE SECOND SURVEY.
OH, WELL, THEY HAVE HAD A
>> THE SECOND SURVEY.
OH, WELL, THEY HAVE HAD A PROBLEM WITH THEIR DEED BEFORE.
THIS WOULD BE THE SECOND SURVEY
PROBLEM WITH THEIR DEED BEFORE. THIS WOULD BE THE SECOND SURVEY
THAT'S -- SO HAVE YOUEVEVER HAD
THIS WOULD BE THE SECOND SURVEY
THAT'S -- SO HAVE YOUEVEVER HAD THE PROPERTY SURVEYED?
YOUR PROPERTY?
THE PROPERTY SURVEYED?
YOUR PROPERTY? >> WE HAVE NOT.
NO.
>> WE HAVE NOT.
NO.
>> AND HOW LONG HAVE YOU OWNED
THE PROPERTY?
>> I BOUGHT IT IN 2006.
THE PROPERTY? >> I BOUGHT IT IN 2006.
AND THEN WE PUT IN LAUREN'S
>> I BOUGHT IT IN 2006. AND THEN WE PUT IN LAUREN'S
NAME, LAUREN BROWN, IN -- 8.
AND THEN WE PUT IN LAUREN'S NAME, LAUREN BROWN, IN -- 8.
>> IN ADOCTOR ESING THE REQUEST
NAME, LAUREN BROWN, IN -- 8.
>> IN ADOCTOR ESING THE REQUEST FOR -- IN ADDRESSING THE REQUEST
FOR A COUNTIANS -- CONTINUANCE,
FOR -- IN ADDRESSING THE REQUEST FOR A COUNTIANS -- CONTINUANCE,
IS THERE A DOWNSIDE TO
FOR A COUNTIANS -- CONTINUANCE, IS THERE A DOWNSIDE TO
CONTINUING THE CASE TO DETERMINE
IS THERE A DOWNSIDE TO CONTINUING THE CASE TO DETERMINE
IF THEIR SURVEY IS CORRECT?
CONTINUING THE CASE TO DETERMINE IF THEIR SURVEY IS CORRECT?
IT MAY HAVE GIVE YOU THE -- IT
IF THEIR SURVEY IS CORRECT? IT MAY HAVE GIVE YOU THE -- IT
MAY GIVE YOU THE OPPORTUNITY TO
IT MAY HAVE GIVE YOU THE -- IT MAY GIVE YOU THE OPPORTUNITY TO
SPEAK TO --
MAY GIVE YOU THE OPPORTUNITY TO
SPEAK TO -- >> IF YOU DISPUTE THIS SURVEY, I
THINK THE BEST THING TO DO IS TO
>> IF YOU DISPUTE THIS SURVEY, I THINK THE BEST THING TO DO IS TO
COME TO US NEXT TIME WITH YOUR
THINK THE BEST THING TO DO IS TO
COME TO US NEXT TIME WITH YOUR OWN SURVEY BY SOMEONE WHO'S
WILLING TO STAMP AND SIGN OFF.
OWN SURVEY BY SOMEONE WHO'S WILLING TO STAMP AND SIGN OFF.
>> SURE.
WILLING TO STAMP AND SIGN OFF.
>> SURE. >> OKAY.
YEAH,II GUESS -- THE ADDITION --
>> OKAY. YEAH,II GUESS -- THE ADDITION --
YEAH,II GUESS -- THE ADDITION --
THE ADDITION WE'RE REQUESTING
DOES NOT SEEM THAT IT WOULD --
THE ADDITION WE'RE REQUESTING
DOES NOT SEEM THAT IT WOULD -- IT SEEMS LIKE IT WOULD STILL BE
ON OUR LOT, AND I GUESS WRER
IT SEEMS LIKE IT WOULD STILL BE ON OUR LOT, AND I GUESS WRER
WE'RE EXPECTING AN ADDITION TO
ON OUR LOT, AND I GUESS WRER
WE'RE EXPECTING AN ADDITION TO OUR FAMILY.
SO THAT'S KIND OF E E NATURE OF
OUR FAMILY.
SO THAT'S KIND OF E E NATURE OF OUR REQUEST.
IS TO TRY TO HAVE THIS SMALL
OUR REQUEST. IS TO TRY TO HAVE THIS SMALL
ADDITION DONE I IN TIME FOR T
IS TO TRY TO HAVE THIS SMALL ADDITION DONE I IN TIME FOR T
LITTLE O ONE
ADDITION DONE I IN TIME FOR T LITTLE O ONE
W WL,L,WEWE UNRSRSNDND THE
LITTLE O ONE W WL,L,WEWE UNRSRSNDND THE
W WL,L,WEWE UNRSRSNDND THE
URGEY Y T TT,T, CERTAINLY, BUT
I THINK WHEN WOULD OUR --FFWEWE
DEFERR T TO THE XTXTMEMEETG,G,
WHEN WLDLD THAT BE, . . HER
DEFERR T TO THE XTXTMEMEETG,G, WHEN WLDLD THAT BE, . . HER
PEPERT
WHEN WLDLD THAT BE, . . HER
PEPERT >> M 7th - . . RBRBT?T?
>>>> M 7th
>> M 7th - . . RBRBT?T?
>>>> M 7th COULD I A A A LITTLE BITOF
CONTEXT?
COULD I A A A LITTLE BITOF
CONTEXT? THAT PART T T T CONCERN FOR
ASASHE OWNER ANDND OBVIOUSLY ASA
THAT PART T T T CONCERN FOR ASASHE OWNER ANDND OBVIOUSLY ASA
PERSON EXPECTING IS THAT AS YOU
ASASHE OWNER ANDND OBVIOUSLY ASA PERSON EXPECTING IS THAT AS YOU
CAN SEE, THERE'S A LOT OF
PERSON EXPECTING IS THAT AS YOU CAN SEE, THERE'S A LOT OF
HISTORY HERE.
CAN SEE, THERE'S A LOT OF
HISTORY HERE.
AND IT'S A LITTLE EMOTIONAL ON
OUR SIDE BECAUSE THINGS I WON'T
AND IT'S A LITTLE EMOTIONAL ON OUR SIDE BECAUSE THINGS I WON'T
SAY BECAUSE IT WOULD BE PROBABLY
OUR SIDE BECAUSE THINGS I WON'T SAY BECAUSE IT WOULD BE PROBABLY
LIBELOUS BECAUSE IT IS A LEGAL
SAY BECAUSE IT WOULD BE PROBABLY
LIBELOUS BECAUSE IT IS A LEGAL SITUATION WITH THEM.
BUT THIS HAS BEEN DIFFICULT AND
SITUATION WITH THEM. BUT THIS HAS BEEN DIFFICULT AND
MY CONCERN IS SAID A SURVEY.
BUT THIS HAS BEEN DIFFICULT AND MY CONCERN IS SAID A SURVEY.
WE FOUND AN ERROR AND DETERMINED
MY CONCERN IS SAID A SURVEY. WE FOUND AN ERROR AND DETERMINED
IT WAS NOT ACCURATE.
WE FOUND AN ERROR AND DETERMINED
IT WAS NOT ACCURATE. WE HAD A SURVEY THAT SHOWED IT
WAS NOT ACCURATE.
WE HAD A SURVEY THAT SHOWED IT
WAS NOT ACCURATE. AND NOW THEY'RE PRODUCING YET
ANOTHER.
AND NOW THEY'RE PRODUCING YET
ANOTHER. AND MY CONCERN IS HOW LONG IS
THAT PROCESS OF BACK AND FORTH
AND MY CONCERN IS HOW LONG IS THAT PROCESS OF BACK AND FORTH
GOING TO GO ON BETWEEN DIFFERENT
THAT PROCESS OF BACK AND FORTH GOING TO GO ON BETWEEN DIFFERENT
SURVEYS?
GOING TO GO ON BETWEEN DIFFERENT
SURVEYS? >> WELL, I GUESS --
>> LET ME JUST HELP YOU, OR TRY
>> WELL, I GUESS -- >> LET ME JUST HELP YOU, OR TRY
TO HELP YOU.
>> LET ME JUST HELP YOU, OR TRY TO HELP YOU.
I DON'T THINK ANY OF US ARE
TO HELP YOU. I DON'T THINK ANY OF US ARE
SAYING THIS SURVEY IS CORRECT.
I DON'T THINK ANY OF US ARE SAYING THIS SURVEY IS CORRECT.
THE PROBLEM FOR US IS WE'RE A
SAYING THIS SURVEY IS CORRECT. THE PROBLEM FOR US IS WE'RE A
THE PROBLEM FOR US IS WE'RE A
QUASI JUDICIAL BOARD AND WE'VE
GOT A CERTIFIED SURVEY IN FRONT
QUASI JUDICIAL BOARD AND WE'VE GOT A CERTIFIED SURVEY IN FRONT
OF US THAT'S EVIDENCE.
GOT A CERTIFIED SURVEY IN FRONT
OF US THAT'S EVIDENCE. AND IT'S THE ONLY EVIDENCE WE
HAVE AT THIS POINT AND ONE OF
AND IT'S THE ONLY EVIDENCE WE
HAVE AT THIS POINT AND ONE OF THE CONDITIONS TO THE VARIANCE
IS THERE WILL BE NO INJURY TO
THE CONDITIONS TO THE VARIANCE IS THERE WILL BE NO INJURY TO
THE NEIGHBORING PROPERTY AND I
IS THERE WILL BE NO INJURY TO THE NEIGHBORING PROPERTY AND I
DON'T KNOW HOW ANY OF US COULD
THE NEIGHBORING PROPERTY AND I
DON'T KNOW HOW ANY OF US COULD VOTE.
SO I THINK IT'S REALLY IN YOUR
VOTE.
SO I THINK IT'S REALLY IN YOUR
BEST INTERESTS AND BELIEVE ME,
I'M NOT JUMPING TO THEIR SIDE.
BEST INTERESTS AND BELIEVE ME,
I'M NOT JUMPING TO THEIR SIDE.
I'M JUST SAYING THEY HAVE
EVIDENCE AND THEY PUT IT IN THE
I'M JUST SAYING THEY HAVE EVIDENCE AND THEY PUT IT IN THE
RECORD AND THIS IS NEW TO YOU
EVIDENCE AND THEY PUT IT IN THE RECORD AND THIS IS NEW TO YOU
AND THAT'S -- FROM WHERE I SIT A
RECORD AND THIS IS NEW TO YOU AND THAT'S -- FROM WHERE I SIT A
LITTLE BIT UNFAIR, NOT THAT
AND THAT'S -- FROM WHERE I SIT A
LITTLE BIT UNFAIR, NOT THAT Y'ALL ARE TRYING TO BE UNFAIR,
IT'S THE TIMING IS UNFAIR.
Y'ALL ARE TRYING TO BE UNFAIR,
IT'S THE TIMING IS UNFAIR. >> SO IF WE WOULD HAVE BROUGHT
OUR SURVEY THAT SHOWS IT'S
>> SO IF WE WOULD HAVE BROUGHT
OUR SURVEY THAT SHOWS IT'S DIFFERENT THAN THIS, WOULD THAT
HAVE BEEN EVIDENCE I SUPPORT OF
DIFFERENT THAN THIS, WOULD THAT HAVE BEEN EVIDENCE I SUPPORT OF
US?
HAVE BEEN EVIDENCE I SUPPORT OF
US? >> I THINK THAT'S HELP TO ME.
AND -- HELPFUL TO ME AND ALSO --
>> I THINK THAT'S HELP TO ME. AND -- HELPFUL TO ME AND ALSO --
FROM WHEN I SEE FROM WHAT YOU'RE
AND -- HELPFUL TO ME AND ALSO -- FROM WHEN I SEE FROM WHAT YOU'RE
PROCEEDING AND EVEN THEIR
FROM WHEN I SEE FROM WHAT YOU'RE
PROCEEDING AND EVEN THEIR SURVEY -- PROPOSING AND EVEN
THAT YOU ARE SIR VA, I'M NOT
SURVEY -- PROPOSING AND EVEN
THAT YOU ARE SIR VA, I'M NOT SURE THERE'S -- SURVEY, I'M
THOUGHT SURE THERE'S AN OVERLAP.
SURE THERE'S -- SURVEY, I'M
THOUGHT SURE THERE'S AN OVERLAP.
THERE MAY BE A SETBACK ISSUE
THAT WOULD IMPACT YOUR ADDITION
THERE MAY BE A SETBACK ISSUE
THAT WOULD IMPACT YOUR ADDITION A LITTLE BIT AND IN TERMS OF THE
TYPE OF APPEAL THAT YOU'RE
A LITTLE BIT AND IN TERMS OF THE TYPE OF APPEAL THAT YOU'RE
REQUESTING, AND YOU KNOW, THE
TYPE OF APPEAL THAT YOU'RE REQUESTING, AND YOU KNOW, THE
ITEM B, YOU KNOW, THAT JUST SAYS
REQUESTING, AND YOU KNOW, THE ITEM B, YOU KNOW, THAT JUST SAYS
YOU HAVE A NONCONFORMING PIECE
ITEM B, YOU KNOW, THAT JUST SAYS
YOU HAVE A NONCONFORMING PIECE
OF PROPERTY AND IS THIS GOING TO
BE MORE OR LESS NONCONFRORMING
OF PROPERTY AND IS THIS GOING TO BE MORE OR LESS NONCONFRORMING
BE MORE OR LESS NONCONFRORMING
RESIDENCE TO RESIDENCE.
THIS IS NOT A DIFFICULT FOR TO
RESIDENCE TO RESIDENCE. THIS IS NOT A DIFFICULT FOR TO
US SAY OKAY, AS LONG AS YOU MEET
THIS IS NOT A DIFFICULT FOR TO US SAY OKAY, AS LONG AS YOU MEET
THE OTHER CODES.
US SAY OKAY, AS LONG AS YOU MEET THE OTHER CODES.
BUT WHEN THERE IS THIS DISPUTE
THE OTHER CODES.
BUT WHEN THERE IS THIS DISPUTE IT'S PROBABLY IMPORTANT.
SO IF YOU DON'T HAVE KIND OF
IT'S PROBABLY IMPORTANT. SO IF YOU DON'T HAVE KIND OF
GRIEVOUS INJURY FOR A THREE-WEEK
SO IF YOU DON'T HAVE KIND OF GRIEVOUS INJURY FOR A THREE-WEEK
DEFERRAL, I THINK THAT
GRIEVOUS INJURY FOR A THREE-WEEK
DEFERRAL, I THINK THAT
PROBABLY --
>> COULD I FOLLOW UP ON THAT,
PROBABLY -- >> COULD I FOLLOW UP ON THAT,
TOO, TWO BRIEF QUESTIONS.
>> COULD I FOLLOW UP ON THAT, TOO, TWO BRIEF QUESTIONS.
ONE IS THAT IF THEY GET IS
TOO, TWO BRIEF QUESTIONS. ONE IS THAT IF THEY GET IS
SURVEY THAT SUPPORTS THE PLAN
ONE IS THAT IF THEY GET IS
SURVEY THAT SUPPORTS THE PLAN AND THE RESEARCH JOHN HAS DONE
AND IS THEREFORE DIFFERENT THAN
AND THE RESEARCH JOHN HAS DONE
AND IS THEREFORE DIFFERENT THAN THE OPPOSITION'S, WHAT WOULD
HAPPEN IN THAT CASE IF WE
THE OPPOSITION'S, WHAT WOULD
HAPPEN IN THAT CASE IF WE BROUGHT THAT TO YOU?
>> WELL, WE WOULD HAVE TO REVIEW
BROUGHT THAT TO YOU? >> WELL, WE WOULD HAVE TO REVIEW
>> WELL, WE WOULD HAVE TO REVIEW
THE EVIDENCE AND -- YOU KNOW,
IT'S NOT UNCOMMON FOR OPPOSING
THE EVIDENCE AND -- YOU KNOW, IT'S NOT UNCOMMON FOR OPPOSING
EXPERT TESTIMONY OR EVIDENCE TO
IT'S NOT UNCOMMON FOR OPPOSING
EXPERT TESTIMONY OR EVIDENCE TO BE GIVEN.
TO ANSWER THAT QUESTION.
BE GIVEN.
TO ANSWER THAT QUESTION. BUT I WILL SAY, AND I'M NOT
ADVISING YOU ONE WAY OR THE
BUT I WILL SAY, AND I'M NOT
ADVISING YOU ONE WAY OR THE OTHER.
I'M JUST -- YOU SHOULD BE AWARE
OTHER.
I'M JUST -- YOU SHOULD BE AWARE THAT YOU KNOW, WE'RE BEING ASKED
TO DECIDE IN THIS CASE A
THAT YOU KNOW, WE'RE BEING ASKED TO DECIDE IN THIS CASE A
TO DECIDE IN THIS CASE A
VARIANCE THAT IF THE CASE ITSELF
IS CHALLENGED NOT ONLY COULD OUR
VARIANCE THAT IF THE CASE ITSELF IS CHALLENGED NOT ONLY COULD OUR
DECISION BE OVERTURNED, AND
IS CHALLENGED NOT ONLY COULD OUR DECISION BE OVERTURNED, AND
FURTHER DELAY YOU, JUST BY THE
DECISION BE OVERTURNED, AND FURTHER DELAY YOU, JUST BY THE
NATURE OF THIS DISPUTE, IF
FURTHER DELAY YOU, JUST BY THE
NATURE OF THIS DISPUTE, IF SOMETHING IS FOUND IN ERROR,
WITH ONE OF THE PROPERTY LINES
SOMETHING IS FOUND IN ERROR,
WITH ONE OF THE PROPERTY LINES OR THERE'S SOME DISAGREEMENT AND
SOMEONE ABOVE US, COURT DECIDES
OR THERE'S SOME DISAGREEMENT AND SOMEONE ABOVE US, COURT DECIDES
THAT, OKAY, HERE'S THE PROBLEM.
SOMEONE ABOVE US, COURT DECIDES THAT, OKAY, HERE'S THE PROBLEM.
WE -- WE WOULD HAVE TO REHEAR
THAT, OKAY, HERE'S THE PROBLEM.
WE -- WE WOULD HAVE TO REHEAR THE CASE.
SO IT COULD POTENTIALLY EVEN
THE CASE. SO IT COULD POTENTIALLY EVEN
MORE PROLONG THINGS.
SO IT COULD POTENTIALLY EVEN
MORE PROLONG THINGS. YOU KNOW, THAT'S ALL WORST CASE.
OUR FEELING I THINK IS AS
YOU KNOW, THAT'S ALL WORST CASE. OUR FEELING I THINK IS AS
ALWAYS, IS SEE IF YOU CAN WORK
OUR FEELING I THINK IS AS ALWAYS, IS SEE IF YOU CAN WORK
THIS OUT YOU KNOW, GET THE
ALWAYS, IS SEE IF YOU CAN WORK
THIS OUT YOU KNOW, GET THE SURVEYS TOGETHER.
FIGURE OUT.
SURVEYS TOGETHER.
FIGURE OUT. YOU KNOW, I'M SURE THE SURVEYORS
ON EITHER SIZE, THEY HAVE NO DOG
YOU KNOW, I'M SURE THE SURVEYORS ON EITHER SIZE, THEY HAVE NO DOG
IN THE -- EITHER SIDE, THEY HAVE
ON EITHER SIZE, THEY HAVE NO DOG IN THE -- EITHER SIDE, THEY HAVE
NO DOG IN THE FIGHT.
IN THE -- EITHER SIDE, THEY HAVE
NO DOG IN THE FIGHT. THEY WANT TO BE RIGHT.
THAT'S THEIR BUSINESS AND
THEY WANT TO BE RIGHT.
THAT'S THEIR BUSINESS AND THEY'RE NOT OUT TO TAKE LAND
FROM YOU OR TAKE LAND FROM THEM.
THEY'RE NOT OUT TO TAKE LAND FROM YOU OR TAKE LAND FROM THEM.
FROM YOU OR TAKE LAND FROM THEM.
EVERYBODY WANTS TO BE RIGHT.
AND IT COULD DO SERIOUS HARM TO
EVERYBODY WANTS TO BE RIGHT. AND IT COULD DO SERIOUS HARM TO
WHAT YOU THINK -- A DECISION YOU
AND IT COULD DO SERIOUS HARM TO WHAT YOU THINK -- A DECISION YOU
THINK YOU HAVE BECAUSE WE MADE A
WHAT YOU THINK -- A DECISION YOU
THINK YOU HAVE BECAUSE WE MADE A DECISION BASED ON FAULTY
EVIDENCE OR SOMETHING LIKE THAT.
DECISION BASED ON FAULTY
EVIDENCE OR SOMETHING LIKE THAT.
>> THE OTHER QUESTION I WAS
GOING TO ASK IS, BASED ON OUR
PRELIMINARY REVIEW OF THIS, THE
GOING TO ASK IS, BASED ON OUR PRELIMINARY REVIEW OF THIS, THE
ADDITION MAY NOT EVEN GO OVER
PRELIMINARY REVIEW OF THIS, THE
ADDITION MAY NOT EVEN GO OVER THE SETBACK BASED ON THAT
PROPERTY LINE.
THE SETBACK BASED ON THAT
PROPERTY LINE. IF THAT'S THE CASE, AND WE COME
BACK WITH A REVISED SITE PLAN
IF THAT'S THE CASE, AND WE COME BACK WITH A REVISED SITE PLAN
WITH THOSE -- WHAT'S SHOWN ON
BACK WITH A REVISED SITE PLAN
WITH THOSE -- WHAT'S SHOWN ON THAT SURVEY AND IT'S WITHIN THE
SETBACKS, COULD WE THEN BE HEARD
THAT SURVEY AND IT'S WITHIN THE SETBACKS, COULD WE THEN BE HEARD
AGAIN UNDER THOSE CONDITIONS AND
SETBACKS, COULD WE THEN BE HEARD AGAIN UNDER THOSE CONDITIONS AND
MOVE FORWARD, NOT TO CONSIDER
AGAIN UNDER THOSE CONDITIONS AND MOVE FORWARD, NOT TO CONSIDER
SOME OF THE OTHER CONCERNS THAT
MOVE FORWARD, NOT TO CONSIDER
SOME OF THE OTHER CONCERNS THAT THE OPPASS MAY HAVE?
>> THAT A -- OPPOSITION MAY
THE OPPASS MAY HAVE? >> THAT A -- OPPOSITION MAY
>> THAT A -- OPPOSITION MAY
HAVE?
>> IS THAT A QUESTION FOR LEGAL
HAVE? >> IS THAT A QUESTION FOR LEGAL
COUNSEL?
>> IS THAT A QUESTION FOR LEGAL
COUNSEL? IF THERE'S A PROPERTY DISPUTE
BUT THE ADDITION HAS -- IS
IF THERE'S A PROPERTY DISPUTE BUT THE ADDITION HAS -- IS
WITHIN THE SETBACK OF -- YOU
BUT THE ADDITION HAS -- IS WITHIN THE SETBACK OF -- YOU
KNOW, THE WORST-CASE SCENARIO, I
WITHIN THE SETBACK OF -- YOU KNOW, THE WORST-CASE SCENARIO, I
MEAN -- IF IT'S STILL WITHIN
KNOW, THE WORST-CASE SCENARIO, I
MEAN -- IF IT'S STILL WITHIN
THAT SETBACK OF -- IF THE
OPPONENTS SAY THE PROPERTY LINE
THAT SETBACK OF -- IF THE
OPPONENTS SAY THE PROPERTY LINE IS CLOSER TO THEIR HOUSE THAN
THEY SAY IT IS AND THE
IS CLOSER TO THEIR HOUSE THAN THEY SAY IT IS AND THE
ADDITION -- THE ADDITION'S
THEY SAY IT IS AND THE ADDITION -- THE ADDITION'S
SETBACK IS WITHIN THE OPPONENT'S
ADDITION -- THE ADDITION'S SETBACK IS WITHIN THE OPPONENT'S
SURVEY'S -- WOULD -- COULD WE
SETBACK IS WITHIN THE OPPONENT'S SURVEY'S -- WOULD -- COULD WE
JUST SAY, YOU'RE FINE AND THAT
SURVEY'S -- WOULD -- COULD WE
JUST SAY, YOU'RE FINE AND THAT DISPUTE IS BETWEEN Y'ALLCH IT'S
SEPARATE FROM WHAT WE'RE TALKING
DISPUTE IS BETWEEN Y'ALLCH IT'S
SEPARATE FROM WHAT WE'RE TALKING ABOUT.
>> I HATE TO DO THAT TO YOU, BUT
ABOUT.
>> I HATE TO DO THAT TO YOU, BUT COULD YOU REPEAT THAT?
I'M NOT SURE I FOLLOW YOU.
COULD YOU REPEAT THAT?
I'M NOT SURE I FOLLOW YOU. >> YEAH.
THAT DIDN'T MAKE ANY SENSE.
>> YEAH.
THAT DIDN'T MAKE ANY SENSE. I BECAUSE --
>> I WAS TRYING ON --
I BECAUSE --
>> I WAS TRYING ON -- [OVERLAPPING SPEAKERS]
[OVERLAPPING SPEAKERS]
>> SO IF THEY COME BACK NEXT
TIME, YOU'VE GOT TWO POSING
SURVEYS.
TIME, YOU'VE GOT TWO POSING
SURVEYS. ONE IS HERE AND ONE IS HERE.
THIS IS THEIRS, THIS IS THE
ONE IS HERE AND ONE IS HERE. THIS IS THEIRS, THIS IS THE
OPPONENT'S.
THIS IS THEIRS, THIS IS THE
OPPONENT'S. HERE'S THE HOUSE.
AND THEIR ADDITION WOULD MEET
HERE'S THE HOUSE. AND THEIR ADDITION WOULD MEET
THE BUILDING CODE SETBACK WITHIN
AND THEIR ADDITION WOULD MEET THE BUILDING CODE SETBACK WITHIN
THE OPPONENT'S SURVEY, THEN DO
THE BUILDING CODE SETBACK WITHIN THE OPPONENT'S SURVEY, THEN DO
WE HAVE A DOG -- WE DON'T HAVE A
THE OPPONENT'S SURVEY, THEN DO WE HAVE A DOG -- WE DON'T HAVE A
DOG IN THE PROPERTY LINE
WE HAVE A DOG -- WE DON'T HAVE A
DOG IN THE PROPERTY LINE DISPUTE.
I MEAN, WE'RE SAYING EVEN --
DISPUTE.
I MEAN, WE'RE SAYING EVEN -- >> RIGHT.
>> IN BOTH SURVEYS, YOU MEET THE
>> RIGHT. >> IN BOTH SURVEYS, YOU MEET THE
SETBACKS.
>> IN BOTH SURVEYS, YOU MEET THE
SETBACKS. SO THAT IS Y'ALL'S BUSINESS TO
DEAL WITH HOWEVER YOU DO IT.
SO THAT IS Y'ALL'S BUSINESS TO
DEAL WITH HOWEVER YOU DO IT. >> I WOULD AGREE WITH THAT.
>> IF YOU DO COME BACK, THEN --
>> I WOULD AGREE WITH THAT. >> IF YOU DO COME BACK, THEN --
WITH A PLAN THAT IS WITHIN THEIR
>> IF YOU DO COME BACK, THEN -- WITH A PLAN THAT IS WITHIN THEIR
SURVEY, THEN WE DON'T HAVE -- WE
WITH A PLAN THAT IS WITHIN THEIR
SURVEY, THEN WE DON'T HAVE -- WE WOULDN'T HAVE A DEFERRAL.
>> CORRECT.
WOULDN'T HAVE A DEFERRAL.
>> CORRECT. >> BUT IF YOU FEEL LIKE YOU NEED
TO HAVE THAT SPACE, THEN YOU
>> BUT IF YOU FEEL LIKE YOU NEED
TO HAVE THAT SPACE, THEN YOU NEED TO GET YOUR OWN SURVEY AND
OURS IS RIGHT, AND THEY SAY
NEED TO GET YOUR OWN SURVEY AND OURS IS RIGHT, AND THEY SAY
THEIRS IS RIGHT AND THAT MAY
OURS IS RIGHT, AND THEY SAY
THEIRS IS RIGHT AND THAT MAY COST YOU ME TIME, TOO.
I DON'T KNOW.
COST YOU ME TIME, TOO.
I DON'T KNOW. >> I THINK SO.
BUT I THINK ALL WE'RE DOING
>> I THINK SO. BUT I THINK ALL WE'RE DOING
TODAY IS IT MAY OR MAY NOT BE
BUT I THINK ALL WE'RE DOING TODAY IS IT MAY OR MAY NOT BE
THAT YOUR ADDITION HAS ANYTHING
TODAY IS IT MAY OR MAY NOT BE THAT YOUR ADDITION HAS ANYTHING
DO WITH THIS PARTICULAR BOUNDARY
THAT YOUR ADDITION HAS ANYTHING DO WITH THIS PARTICULAR BOUNDARY
LINE WE'RE TALKING ABOUT.
DO WITH THIS PARTICULAR BOUNDARY
LINE WE'RE TALKING ABOUT. WE'RE NOT DETERMINING THE
RELEVANCE OF THAT AT THIS POINT.
WE'RE NOT DETERMINING THE
RELEVANCE OF THAT AT THIS POINT. I BELIEVE -- I DON'T WANT TO
SPEAK FOR ALL OF THE BOARD
I BELIEVE -- I DON'T WANT TO
SPEAK FOR ALL OF THE BOARD MEMBERS.
WE'RE GOING TO AGREE TO DEFER
MEMBERS. WE'RE GOING TO AGREE TO DEFER
THIS.
WE'RE GOING TO AGREE TO DEFER
THIS. I RECOMMEND THAT IF YOU'RE GOING
TO GET A SURVEY, YOU SHARE IT
I RECOMMEND THAT IF YOU'RE GOING
TO GET A SURVEY, YOU SHARE IT WITH THE OTHER SIDE BEFORE WE
COME BACK.
WITH THE OTHER SIDE BEFORE WE
COME BACK. SO THAT YOU DO NOT FURTHER DELAY
SO THAT WE HAVE THE ABILITY AT
SO THAT YOU DO NOT FURTHER DELAY
SO THAT WE HAVE THE ABILITY AT THAT POINT TO DETERMINE IF IT'S
GOING TO IMPACT YOUR VARIANCE OR
THAT POINT TO DETERMINE IF IT'S GOING TO IMPACT YOUR VARIANCE OR
NOT.
GOING TO IMPACT YOUR VARIANCE OR NOT.
>> I REMEMBER A CASE WE HAD -- A
NOT. >> I REMEMBER A CASE WE HAD -- A
GARAGE THING.
>> I REMEMBER A CASE WE HAD -- A
GARAGE THING. REMEMBER THAT -- HAD THE
OVERHANG.
REMEMBER THAT -- HAD THE
OVERHANG.
AND THE NEIGHBOR SAID IT WAS
OVER THEIR PROPERTY.
AND THE NEIGHBOR SAID IT WAS
OVER THEIR PROPERTY. WE HEARD THAT CASE BUT WE DON'T
WE HEARD THAT CASE BUT WE DON'T
APPROVE ENCROACHING ON ANOTHER
PROPERTY.
APPROVE ENCROACHING ON ANOTHER
PROPERTY. I DON'T SEE THIS AS WE WOULD BE
DOING THAT IF WE HEARD THIS CASE
I DON'T SEE THIS AS WE WOULD BE DOING THAT IF WE HEARD THIS CASE
HERE.
DOING THAT IF WE HEARD THIS CASE
HERE. IT'S UP TO THE PROPERTY OWNERS
TO BE IN COMPLIANCE WITH THE
IT'S UP TO THE PROPERTY OWNERS TO BE IN COMPLIANCE WITH THE
PROPERTY LINES SETBACK FROM
TO BE IN COMPLIANCE WITH THE PROPERTY LINES SETBACK FROM
WHATEVER.
PROPERTY LINES SETBACK FROM
WHATEVER. I ALMOST FEEL LIKE WE SHOULD
HEAR THE CASE?
I ALMOST FEEL LIKE WE SHOULD HEAR THE CASE?
>> BUT AS CHRIS POINTED OUT IN
HEAR THE CASE?
>> BUT AS CHRIS POINTED OUT IN THE RULES, IF IT AFFECTS THE
NEIGHBORING PROPERTY IN AN
THE RULES, IF IT AFFECTS THE
NEIGHBORING PROPERTY IN AN INJURIOUS WAY, THAT'S PART OF
OUR CONSIDERATION AND I DON'T
INJURIOUS WAY, THAT'S PART OF
OUR CONSIDERATION AND I DON'T THINK WE CAN DETERMINE THAT
TODAY BASED ON ONE SURVEY.
THINK WE CAN DETERMINE THAT TODAY BASED ON ONE SURVEY.
>> WHY NOT?
TODAY BASED ON ONE SURVEY.
>> WHY NOT? I GUESS -- THE QUESTION WOULD BE
IF THEY -- IF THEY SAID WE DON'T
I GUESS -- THE QUESTION WOULD BE IF THEY -- IF THEY SAID WE DON'T
AGREE WITH THIS SURVEY BUT WE
IF THEY -- IF THEY SAID WE DON'T AGREE WITH THIS SURVEY BUT WE
WILL BUILD WITHIN THE CODE'S
AGREE WITH THIS SURVEY BUT WE WILL BUILD WITHIN THE CODE'S
WILL BUILD WITHIN THE CODE'S
PARAMETERS OF THIS SURVEY, THEN
IT WOULDN'T BE INJURIOUS TO THE
NEIGHBOR.
IT WOULDN'T BE INJURIOUS TO THE
NEIGHBOR. >> RIGHT.
>> HOLD ON.
>> RIGHT.
>> HOLD ON. I THINK THE ONLY REAL EVIDENCE
IN FRONT OF US IS THE OPPONENT'S
I THINK THE ONLY REAL EVIDENCE IN FRONT OF US IS THE OPPONENT'S
TESTIMONY, IS THEY COULDN'T
IN FRONT OF US IS THE OPPONENT'S
TESTIMONY, IS THEY COULDN'T
FIGURE THE DIMENSIONS TO SEE
WHETHER IT WENT ON TO THEIR
FIGURE THE DIMENSIONS TO SEE
WHETHER IT WENT ON TO THEIR
PROPERTY OR NOT.
AND SO THE ONLY TESTIMONY WE
PROPERTY OR NOT.
AND SO THE ONLY TESTIMONY WE HAVE IS THAT WE DON'T KNOW.
AND SO I JUST FEEL LIKE WE'RE
HAVE IS THAT WE DON'T KNOW. AND SO I JUST FEEL LIKE WE'RE
DOING EVERYBODY AN INJUSTICE BY
AND SO I JUST FEEL LIKE WE'RE DOING EVERYBODY AN INJUSTICE BY
MOVING THIS QUICKLY.
DOING EVERYBODY AN INJUSTICE BY
MOVING THIS QUICKLY. I MEAN, IT'S JUST -- Y'ALL NEED
A SURVEY TO MATCH THEIR SURVEY.
I MEAN, IT'S JUST -- Y'ALL NEED A SURVEY TO MATCH THEIR SURVEY.
AND TO YOUR POINT, IT WOULD BE
A SURVEY TO MATCH THEIR SURVEY. AND TO YOUR POINT, IT WOULD BE
GREAT IF THE SURVEYORS COULD
AND TO YOUR POINT, IT WOULD BE
GREAT IF THE SURVEYORS COULD WORK OUT ANY ISSUES, BECAUSE OF
THE SEVEN OF US, THERE'S NOT A
WORK OUT ANY ISSUES, BECAUSE OF THE SEVEN OF US, THERE'S NOT A
SURVEYOR IN THE GROUP.
THE SEVEN OF US, THERE'S NOT A
SURVEYOR IN THE GROUP. AND SO IF WE COME UP WITH
COMPETING SURVEYS, IT'S GOING TO
AND SO IF WE COME UP WITH
COMPETING SURVEYS, IT'S GOING TO BE TOUGH FOR THE --
>> OR IF THE SURVEYORS COULD
BE TOUGH FOR THE --
>> OR IF THE SURVEYORS COULD AGREE IF SOMETHING IS IN DISPUTE
THAT IT'S IN DISPUTE AND THAT'S
AGREE IF SOMETHING IS IN DISPUTE THAT IT'S IN DISPUTE AND THAT'S
OUR PROFESSIONAL OPINION.
THAT IT'S IN DISPUTE AND THAT'S
OUR PROFESSIONAL OPINION. WE DISAGREE.
>> RIGHT.
WE DISAGREE.
>> RIGHT. >> THAT'S FINE.
BUT WE WILL ONLY HAVE ONE SIDE
>> THAT'S FINE.
BUT WE WILL ONLY HAVE ONE SIDE OF THE SURVEY ISSUE.
AND I THINK THAT DOES GO TO THE
OF THE SURVEY ISSUE. AND I THINK THAT DOES GO TO THE
INJURIOUS ISSUE.
AND I THINK THAT DOES GO TO THE
INJURIOUS ISSUE. >> YEAH.
SO APPLICANT, I HATE TO DO THIS
>> YEAH.
SO APPLICANT, I HATE TO DO THIS TO YOU, BUT I'M ALMOST TRYING TO
DO IT FOR YOUR OWN GOOD.
TO YOU, BUT I'M ALMOST TRYING TO DO IT FOR YOUR OWN GOOD.
I'M GOING TO MOVE FOR A DEFERRAL
DO IT FOR YOUR OWN GOOD.
I'M GOING TO MOVE FOR A DEFERRAL UNTIL MAY 7.
A SECOND?
UNTIL MAY 7.
A SECOND? -- IS THERE A SECOND?
>> I'LL SECOND.
-- IS THERE A SECOND?
>> I'LL SECOND. >> I'LL SECOND.
>> GOT A MOTION, GOT A SECOND.
>> I'LL SECOND.
>> GOT A MOTION, GOT A SECOND. ALL IN FAVOR?
>> ANY OPPOSED?
ALL IN FAVOR?
>> ANY OPPOSED? >> I'LL OPPOSE.
>> OKAY, PASSES.
>> I'LL OPPOSE.
>> OKAY, PASSES. >> THANK YOU FOR YOUR TIME.
>> THANK YOU.
>> THANK YOU FOR YOUR TIME. >> THANK YOU.
>> AND THAT WILL CONCLUDE OUR
>> THANK YOU.
>> AND THAT WILL CONCLUDE OUR BOARD OF ZONING APPEALS FOR
TODAY.
BOARD OF ZONING APPEALS FOR
TODAY. THANK YOU.

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