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Seeing as I was five o'clock, go ahead and call the meeting to order. With the agenda item number one is called order and roll call, please.

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Mr. Monkers, here. Mr. Branch. Here. Mr. Licky. Here. Mr. Branch. Here.

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We have a call.

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The agenda item number two is to consider and take action on the minutes of the regular meeting of July 25th, 2013.

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Move for approval as written.

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All second.

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Mr. Licky? Yes.

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Mr. Branch. Yes.

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Mr. Monkers? Yes. Mr. Monkers? Yes. Mr. Freeman.

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Yes, motion carries. Okay, agenda item number three case B-O-A-1-3-0-9-S-Z-P is a

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public hearing to consider and take action on an application from Michael and

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Lindsey McClister for approval of a special zoning care pit in accordance with

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section 3.1-C of the Bartersville Municipal Code to allow the keeping of a

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miniature horse. On a property located at RS7 zoning district at 4,000 and 1

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on a lead lane with a described as 7 block 2, Robert E. Lee addition, Bartosville, Washington County.

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Staff report please.

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I hear by a wish to recuse myself in this case.

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Thank you.

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The Bartosville municipal code that deals with animals basically says that the only thing that's permitted within the city limits of Bartosville and a single family residential district are dogs and cats.

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If you want anything else, it requires a special zoning permit from the Board of Adjustment.

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The reason that was done was because, and other things are just outdoor animals.

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So you could have a guinea pig in the house, you can have a parrot in the house, you could

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have snakes in your house.

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As long as they're not outdoor pets, outdoor pets are only dogs and cats.

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The idea behind that is that in some properties, on some larger acreages or in some areas,

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it may be appropriate to have a different type of outdoor animal because when the ordinance

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was written you couldn't possibly imagine every type that would be appropriate or not.

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And so by going through this special zoning process through the Board of Adjustment, one

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of the statutory requirements that the Board has to consider when they deal with this

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is whether the proposed animal, in this case, would constitute a nuisance being juryous

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to the neighborhood or otherwise detrimental to the public welfare, and that was the idea

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behind it.

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And I think over the years we've had a few that have come to you.

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Horses by definition are considered livestock, and so therefore they are agricultural animals.

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We allow those by right in the agricultural zoning district.

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And we also have a special district called RE residential estate, which is a two-acre minimum,

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usually out in the outskirts of the city limits.

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And they can, you're allowed to have one horse in an RE district.

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So the property we're talking about tonight is on in single family residential district within the city limits of Bartelsville and they're asking for approval to keep a miniature horse.

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The horse has already been located at the residence and I think has probably been there for some time.

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It's kept in the backyard, as you can see, it's kind of a small animal, and you can see down here

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the shed, basically, that is being used for shelter, is really a residential.

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I think it's kind of a residential storage shed that you'd find in most residential areas.

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The applicant's backyard is approximately 4,400 square feet, so an acreage that's about

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10th of an acre. When we look at other cities similar to Bartelsville in the state of Oklahoma,

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because of horses and their habits and eating grass and things like that, week did not find

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any standard that allowed them on a lot of less than a third of an acre, even miniature horses,

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not large horses, but miniature horses on a third of an acre. Some people will argue that horses

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can be raised in smaller areas without being noticed, particularly if their pens are properly

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maintained in the manure is properly disposed of. However, if it's not properly maintained,

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then they can become very impractical when you look at residential densities as we're looking

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at here with 7,000 square foot minimum due to proximity of neighbors and the absence of room to

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dispose of the manure. We heard about this as actually came to the staff when we received four

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plants from neighbors, due to noise and odor that's produced by the horse. So in determining

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if this special zoning permit is appropriate for this use, you need to consider that it's a

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single family residential district that agricultural uses are not permitted in those districts.

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The surrounding neighborhood is densely populated and the lots are below 12,000 square feet.

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And noise and odor from the animal extends beyond the applicant's property. Those are the

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them. This is a public hearing required special zoning permits require public hearing.

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Noters with noter notifications of sent of property owners within three

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interfeet and so we need to have that comment time and on in the staff report again

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at references that what the requirements are in terms of findings at the Board of

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Adjustment must follow in order to meet the statutory requirements for the

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finding and approval of the special zoning permit.

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The

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applicant please come up and state their name and address

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Michael

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McClister is my wife Lindsay and we live at 4,000-1 Bonnie Lealing

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We don't have any questions for the applicant

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How long have you had the horse there?

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Since Christmas Eve last year

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So less than a year

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And it's a pet I assume

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It's a therapy animal for our oldest son

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That was the purpose in getting her

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He doesn't respond

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We try the dogs and we can't do cats because our other siblings and my wife are both allergic

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So we've tried several other animals and then read about like some children down in Edmin and other places in the country using miniature horses as therapy animals and other children with the same disorders as him respond very positively.

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Since getting her his grades have improved vastly from mostly season these two three days of being a sea right now.

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He's come out of his shell greatly since then and he's very active in the caring of this animal.

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Yeah, copy of the doctor's it's a mess in the packet I didn't say should not get that let me find it here

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We clean her pen out every single day and we supplement her normal food with hey so that she has enough to eat. She gets to graze in the grass every night

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Would you say that there's a

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foul loader that

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Stins throughout the neighborhood beyond your house. Really hot days. Yeah. Okay, when it gets hot

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It's like that.

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Look at that pass in there.

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What are you currently doing with the waste?

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We take it to the dump.

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We bag it up in the big leaf style bags and seal those up and then once we take it to the

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dump.

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Do you bag it up daily?

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We bag it every single day.

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And it's maybe tooious.

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No shovels worth every day.

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Maybe a little more on some days.

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He's also a full-grown one.

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She won't get any bigger than what you saw.

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So that rack of men's pit therapy, not necessarily the horse therapy.

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So your explanations are you've tried we try the dogs and he doesn't we have normal. We and he doesn't respond

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We can't try cats because of allergies in the family

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Thank you

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We'll go ahead and open the public portion like you for anyone to speak for or against this matter

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He would please just please just I name his Robert King my address. It's 4100 southeast Kentucky

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You can just one block over four houses down, the stench is so bad along with the flies.

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We cannot set outside at night because of this instance on a hot day or right after a rainy

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day, you can even walk around the block without it taking your breath away.

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And me as being a heart patient, I would have asked that it not be allowed.

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Thank you, sir.

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name is Donna Schaefer and I live at 4,000 Bonnie Lee Lane and I had a question as well if this is

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resumed for this animal does that hurt our property values in the area? It actually is not a

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rezoning so the zoning stays the same. A special zoning permit is granted based upon findings by the board

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but the property stays zone residential. The special zoning permit is granted for that use to that property owner

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and doesn't transfer to any other use or any other property owner.

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Along with this animal, they do have dogs.

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I've noticed about three in the backyard.

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What is the requirement as far as our ordinance for how many dogs you can have?

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Well, the animal control ordinances actually say you can have four animals,

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which could be two dogs.

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And I think it's either and or two cats.

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Outbors in any one time.

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So if I have four panels or whatever and I have two in the backyard at one time and two in the house at one time, it's okay, but if all four of them are outside at once, it's violation.

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Okay. Well, since I live across the street, I have noticed when it's hot. I smell it. And I've noticed a lot more flies.

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And it's not that I want to be a bad neighbor or anything, but I am against having the worst in the property.

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My name is Tracy Stanner and my address is 4-0-0 and I'm Bonnie Lee Lane and I'm their next-door neighbor

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I

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What will this do to our property value?

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Well, that's kind of a question. I mean none of us that really answered because we're not a praisers

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The property value is affected

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I guess I would say if you wanted to sell your property and I was the buyer and I came to your house and I smelled

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something that was offensive to me and say I don't want to buy your house because I don't

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like what I smelled it. I mean I guess you could say well that drops my property value and

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some people can make that same argument about any other use but as to whether or not it really

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would drop your property value you can have a judgment about that and so can I but you would only

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know if you paid in a praiser to come out and do that. And that would be a matter of opinion also.

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I understand, I understand, the permit is it revocable, I mean, can you a month from now

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to say, you know what I'm saying, is it if the board chose to, if they chose to grant

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this they could control or conditions on it, that the waste had to be kept up, or if there

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is four complaints of odor within a month or whatever, it would be revisited or revoked or

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whatever, so they can put conditions on it should they choose to approve it.

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the smell I can smell but not probably as bad as the others because I'm right next door

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so the wind's blowing you know what I'm saying more across the straight down that way than

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then mine I have smelt it maybe not as strong as others but I don't want to say I don't want

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to be a bad neighbor I don't want to you know but are you right next door I'm right next

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to

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Bonnie Lee line, just across the street, catacorned. We also smell the smell. The summer wasn't

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real bad, thank goodness because I think it would have been a lot worse if we'd had a real

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hot summer. We didn't notice some more spies. We have had people that come visit us that go jogging

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through the neighborhood and stuff when they visit us on a relation tell us that just jogging by the

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house, so that smell is horrible. We would also prefer not to have the

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forms. We worry about our property value, but it will do to that, and I'm also

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concerned about the horse itself, whether or not this is satisfactory for a

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for a horse. I don't know what animal rights are or anything on how much land and

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type of shader or anything they need, but that's a type of shad most people park that

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all know, and I would thank them especially in the summer that it would get awfully hot

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in that 10 building. I also have a concern if it's satisfactory to even have a horse there.

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Thank you.

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What did anyone else like to speak on this matter?

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I have a question, when you got, when you guys bought the horse and brought it in, did you check with animal control before you did?

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Or the police department or anyone?

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We had asked around and we're told that that area had once been a different zoning and that the owners have been grandfathered in.

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My wife owned the house a few years far enough back that it would have grandfathered.

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We then later found out from the animal control guy that you have to have maintained them

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the whole time.

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And once they were gone for six months, they had vacated that grandfathering, but we didn't

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know that at the time.

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We had been told there was a grandfather in the area, or we would have seeked other arrangements.

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As far as the shed, it's in the shade in the backyard most of the day, but I mean, she doesn't

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really get in it unless it's at night to sleep.

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Okay.

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What was the statute that was granted?

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We have had areas in town like that. That's a same thing.

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I can't imagine that area ever was in the last 20 years, and it's been a single family residential area since then.

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It looks to me like it was plated as a single family residential development. I'm pretty sure based upon the legal description.

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It's Robert E. Lee edition, so it was plated. If it was RA, it had to have been.

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Well, I'm all enough to remember.

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Nice to meet you.

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And the problem was, it was just farm land by 50s.

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Seeing the one else to speak for against this, we'll go ahead and close the public portion and look for a motion.

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Like a motion to approve?

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Saga?

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Mr. Leake.

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It's

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much as I have empathy for the young man living there and supposedly this is helping

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him with the objections that have arisen with the odor that is present I'm going to

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have to vote no.

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Mr. Brax.

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No, based on the neighbors complain of the smell and their property value concerns.

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Mr. Freeman.

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As well, I'm going to have to know due to neighbor complaints.

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Motion fails.

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Just for logistics sake, we'll give you 30 days to have the horse removed.

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And then we'll control out to confirm that.

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So I'll move on to agenda item number four.

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Case B-O-A-13-10-S-Z-P is a public hearing to consider and take action on an application from Jennifer Adams for the approval of a special zoning permit.

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to allow a large child care home as a major home occupation on the property.

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Look at it in our S7 zoning district.

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Look at it at 5212 Hazel Road.

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Legal Describers Lot 10 Block 3 Parkhurst Edition.

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Stafford, please.

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The property has been approved as a minor home occupation.

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And there has been a minor daycare family child daycare operating at that address as

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of her family child care. She is licensed by the city and by the state or a family child care home.

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Now that's something that's approved and administratively based upon performance standards. So

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she's authorized under that permit to care for seven or fewer children operating between the

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hours of seven to seven PM, there's some other standards. However, her state license allows her to care

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up to 12 children. The city license then to allow more than seven would require that she

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become licensed as a major home occupation and as a large child care home. So that's what

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she's asking for approval tonight. Her operating hours are still the same as if it were minor

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home occupation. So she's still operating between the parameters of seven to seven. She meets all

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requirements as far as the privacy fence, the outdoor play area that's required by the state

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and the city. She, she does ask for another major home occupation standard would be to allow

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a free standing sign. We don't allow free standing signs as minor home occupation, so she's asking

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to have a six foot six square foot free standing sign. She has adequate parking that's required by the

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ordinance, the other change would be the hours of number of trips per day.

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Minor home occupation says if you're open, 10 hours a day, you're not to have more than

217
00:19:05,640 --> 00:19:07,420
one vehicle trip per hour.

218
00:19:08,880 --> 00:19:13,020
So we don't want to monitor every hour, but if you're open, 10 hours a day, you should have

219
00:19:13,020 --> 00:19:15,420
10 vehicle trips to and from your house.

220
00:19:16,520 --> 00:19:22,360
In this case, she's going to have one, if she were open, you know, 10 and a half hours, which

221
00:19:22,360 --> 00:19:27,680
the time 7 to 530 would allow her to have 10 and a half car trips per day.

222
00:19:28,180 --> 00:19:34,960
She's caring for 12 children and assuming that every child was dropped off by a different

223
00:19:34,960 --> 00:19:35,880
car.

224
00:19:36,860 --> 00:19:38,960
There's no car pulling and picked up in a different car.

225
00:19:39,040 --> 00:19:44,800
You have 12 drop-offs and 12 pick-ups every day for 24 vehicle trips.

226
00:19:45,460 --> 00:19:51,400
Tonight she's requesting approval of a special zoning permit and those exceeded standards

227
00:19:51,400 --> 00:19:57,720
for a number of children, the freestanding sign, and the trips per day would need to be granted

228
00:19:57,720 --> 00:20:03,720
as part of that major home occupation in the giving of approval for this.

229
00:20:04,740 --> 00:20:09,680
So, again, the other thing I might mention, we've run into this before.

230
00:20:10,480 --> 00:20:15,720
I don't know about Parkhurst edition, but there are several situations in town where private

231
00:20:15,720 --> 00:20:21,040
redistrictions say you can't have any type of home occupation except, you know, business,

232
00:20:21,240 --> 00:20:25,840
I mean, a office or something like that, I don't know if it's a private redistriction

233
00:20:25,840 --> 00:20:30,200
problem, but we always like to tell applicants that if there is a prohibition against

234
00:20:30,200 --> 00:20:34,460
redistrictions that's something they need to check out and get approval for from their

235
00:20:34,460 --> 00:20:36,820
homeowners association if there is one.

236
00:20:37,260 --> 00:20:39,620
So, Jennifer Adams is the applicant.

237
00:20:40,420 --> 00:20:48,360
And just for clarification, the staff report says county vehicle trips child drop off and pick up as counted as one trip.

238
00:20:48,360 --> 00:20:53,420
Well, if you're right, so it would be 12 to 12 there, 12 there, 12 back.

239
00:20:53,700 --> 00:20:55,200
Okay. You're right. Thank you.

240
00:20:55,340 --> 00:20:57,040
No problem. I just want to make sure I was counting correctly.

241
00:20:57,100 --> 00:20:58,560
You're right. I counted wrong.

242
00:20:58,780 --> 00:21:03,300
Okay. Would the applicant please come up, state their name and address.

243
00:21:04,440 --> 00:21:05,420
And if they have anything to add.

244
00:21:05,580 --> 00:21:07,640
Jennifer Adams 52 12 Hazel Road.

245
00:21:10,340 --> 00:21:14,600
I would mention that my, I don't know if I filled out the application wrong.

246
00:21:14,860 --> 00:21:19,420
My sign is a standard real estate sign and it sits flush up against my house.

247
00:21:19,460 --> 00:21:24,620
Even though it's a free standing sign, it's staked flush up against my house.

248
00:21:24,800 --> 00:21:26,020
So it won't let me not be.

249
00:21:26,340 --> 00:21:30,840
Well, the only other problem then, let's say you took it off and you put it against the wall of the house.

250
00:21:30,860 --> 00:21:34,100
I think you're only allowed three square feet.

251
00:21:34,100 --> 00:21:37,620
I don't know what it meets that requirement when it will.

252
00:21:38,120 --> 00:21:41,460
You have down, you're going to have six square foot sign, maybe I can.

253
00:21:41,460 --> 00:21:45,740
As mine or home occupation, you're going to have a three square foot wall mounted sign.

254
00:21:45,900 --> 00:21:50,040
So even if you took it and put it up against your wall, we'd still need the size to be approved.

255
00:21:56,460 --> 00:21:59,980
Is this sign, you say it looks just like a wheelchair sign?

256
00:21:59,980 --> 00:22:03,120
It is. My parents were real estate agents, and I just repaint it.

257
00:22:04,740 --> 00:22:06,500
Is it up 24 hours a day or do you take it down?

258
00:22:06,600 --> 00:22:07,700
It's up 24 hours a day.

259
00:22:08,940 --> 00:22:11,560
Would you have a problem putting it on the wall of the house?

260
00:22:12,200 --> 00:22:13,700
I would probably make a different one.

261
00:22:14,100 --> 00:22:17,720
I mean, if I need to, that's no problem whatsoever.

262
00:22:17,800 --> 00:22:20,000
Have you had any neighbors complaining about that sign before?

263
00:22:20,220 --> 00:22:20,440
Never.

264
00:22:21,960 --> 00:22:24,560
I have run the daycare there since 1993.

265
00:22:25,200 --> 00:22:26,380
No, 96.

266
00:22:26,500 --> 00:22:28,020
I've had a daycare since 1993.

267
00:22:28,900 --> 00:22:31,920
The owners of the home prior to me had a daycare there.

268
00:22:32,560 --> 00:22:36,400
And when they moved out of state, we bought the home and moved through the child care that I had into that home.

269
00:22:36,400 --> 00:22:40,700
So there's actually been a daycare there for 25 years.

270
00:22:40,920 --> 00:22:42,420
And then a neighbor's complained about traffic.

271
00:22:42,760 --> 00:22:43,280
Never.

272
00:22:45,740 --> 00:22:48,340
So you've gone in maintain, need present hours.

273
00:22:48,660 --> 00:22:50,260
You're not going to extend the hours.

274
00:22:50,360 --> 00:22:52,860
No, I'm only open until 530 that will never change.

275
00:22:55,180 --> 00:22:57,320
My questions addressed to the city.

276
00:22:57,440 --> 00:23:00,920
Has there been any complaints registered about this?

277
00:23:01,060 --> 00:23:04,460
We did receive one phone call, opposing it.

278
00:23:06,280 --> 00:23:09,380
One of the concerns was that the traffic was very heavy with cars

279
00:23:09,380 --> 00:23:15,240
going through to Walmart and it's dangerous when kids are dropped off and picked up.

280
00:23:17,740 --> 00:23:27,000
That person lived on Saddle Lane, which is, in this area, right here, that's Saddle.

281
00:23:27,240 --> 00:23:28,020
There's the location.

282
00:23:34,740 --> 00:23:36,420
Does anyone else have any questions for the applicant?

283
00:23:40,330 --> 00:23:46,210
Would he explain the signage I don't, the six foot square, I was not going to go for that.

284
00:23:46,450 --> 00:23:49,670
No, it's like, I know what a real signage.

285
00:23:50,130 --> 00:23:56,650
mathematician. He's a real tertiary. I know. I know. I know. I know. I know. It's his name. Anyone else have any questions?

286
00:23:57,910 --> 00:24:01,230
All right. Thank you, man. Thank you. So we'll go ahead and open the public portion.

287
00:24:02,430 --> 00:24:05,210
Looking for anyone to speak for or against the matter.

288
00:24:13,610 --> 00:24:16,110
I'm a sure I walk and and I live at

289
00:24:16,110 --> 00:24:21,190
1201 satellite, which is right on the corner. I'm not the one who called though, so. But my

290
00:24:21,190 --> 00:24:28,130
concerns or that it is a very busy street. It's a cut-through to Walmart and I am just worried about

291
00:24:28,130 --> 00:24:35,090
with the added number of children that there is going to be a lot of added traffic to it. And I really,

292
00:24:36,030 --> 00:24:41,730
I just, I'm opposed to it. I, I don't like, if I had known that there's a daycare when I purchased

293
00:24:41,730 --> 00:24:48,810
the house back in 2001, I'm not a fan of businesses in my neighborhood. I think it does drop the property

294
00:24:48,810 --> 00:24:54,390
value is quite a bit anyway. Thank you.

295
00:24:59,000 --> 00:25:01,460
Actually I have one more question for you Miss Adam

296
00:25:01,460 --> 00:25:07,880
see as me. Since you've been running this for quite some time and how many children do you

297
00:25:07,880 --> 00:25:14,960
have currently? 11 and I'm going to keep it at the 11. You can't even have 11. You can only

298
00:25:14,960 --> 00:25:19,660
really, I think this is for 12. By the state you are, but by the city you're only licensed

299
00:25:19,660 --> 00:25:23,760
for seven. So if you're caring for 11 now, you're going to have to cut down to nine if this

300
00:25:23,760 --> 00:25:28,240
doesn't get approved. Or no, you have to cut down to seven. No, this doesn't get approved.

301
00:25:30,560 --> 00:25:35,060
Okay. So that being said, and you're open seven to five 30.

302
00:25:35,400 --> 00:25:40,420
Right. Does, is there a large influx all at one time? When the parents drop the children off,

303
00:25:40,480 --> 00:25:46,720
is it staggered? Is there time in between? Some show up at seven? Some show up between seven to seven

304
00:25:46,720 --> 00:25:56,480
30. I have a few that come. I only have eight sets of parents. So I'll be okay.

305
00:25:56,720 --> 00:26:02,650
They're sibling groups. Right. Right. But it's not, you know, there's not a large

306
00:26:02,650 --> 00:26:09,870
influx at 815 or what would I wouldn't say so no. Construit is normal business hours, I

307
00:26:09,870 --> 00:26:26,870
Okay, and is that true pick up pretty standard pick up is staggered my first child leaves that three the last, you know, pretty much every half hour twenty five twenty thirty minutes and the last child leaves about five twenty

308
00:26:28,070 --> 00:26:30,130
All right, thank you man

309
00:26:30,130 --> 00:26:31,010
Anything else?

310
00:26:31,030 --> 00:26:31,370
Go ahead.

311
00:26:33,220 --> 00:26:34,320
Would anyone else like to speak?

312
00:26:44,290 --> 00:26:45,110
Our workford.

313
00:26:45,410 --> 00:26:47,210
I lived at 51-06 Hazel

314
00:26:49,320 --> 00:26:55,220
and I was originally at I guess at the cause of the signs.

315
00:26:56,100 --> 00:27:01,520
I didn't think of residential area any of the six-foot sign and I think there's even

316
00:27:01,520 --> 00:27:06,900
a covenant said this should be no signs but I'm not positive of that and of course they

317
00:27:06,900 --> 00:27:07,920
increased traffic.

318
00:27:08,120 --> 00:27:08,320
Sure.

319
00:27:09,460 --> 00:27:10,140
Thank you.

320
00:27:15,340 --> 00:27:16,500
Anyone else like to speak?

321
00:27:21,500 --> 00:27:25,440
Now we'll close the public portion and I'll make a motion to approve.

322
00:27:25,940 --> 00:27:26,120
Second.

323
00:27:28,930 --> 00:27:29,690
Mr. Bratz?

324
00:27:30,830 --> 00:27:31,430
Yes.

325
00:27:32,310 --> 00:27:33,010
Mr. Monkers?

326
00:27:33,530 --> 00:27:33,750
No.

327
00:27:34,590 --> 00:27:35,370
Mr. Loot Key?

328
00:27:35,570 --> 00:27:35,870
Yes.

329
00:27:36,330 --> 00:27:36,930
Mr. Freeman?

330
00:27:44,460 --> 00:27:44,820
Yes.

331
00:27:45,700 --> 00:27:46,340
Motion carries.

332
00:27:49,160 --> 00:27:50,080
Gen. 5

333
00:27:50,760 --> 00:27:55,460
Case B-O-A-13-11-S-Z-P

334
00:27:55,460 --> 00:28:01,000
Is a public hearing to consider take action on an application from Dixie Peel for a special zoning permit

335
00:28:01,000 --> 00:28:09,440
To allow the placement of a mobile home in an RS7 zoning district on a property located at 3306 north east inter urban

336
00:28:09,960 --> 00:28:14,500
legally described as lots six block a one pleasant few bars local number

337
00:28:15,960 --> 00:28:22,820
Okay, tonight we're dealing with two issues of the zoning code both of which require special zoning permit

338
00:28:22,820 --> 00:28:26,960
One is dealing with a mobile home and as you know any time you have a mobile home

339
00:28:26,960 --> 00:28:33,420
in the city limits. It does require approval of a special zoning permit if it's not in a mobile home park.

340
00:28:33,640 --> 00:28:38,960
The second deals with the city regulations regarding an accessory dwelling unit on the property,

341
00:28:39,200 --> 00:28:44,300
which basically is if you have one home, anything else is considered an accessory dwelling unit.

342
00:28:45,020 --> 00:28:50,640
The property we're looking at is located at 33.06 in a urban drive.

343
00:28:51,800 --> 00:28:55,420
There is an existing mobile home on the property right now.

344
00:28:56,060 --> 00:29:00,620
The site is larger than a normal single family residential lot.

345
00:29:00,680 --> 00:29:05,020
It's 31,300 square feet, so it's a little less than one acre.

346
00:29:07,380 --> 00:29:15,200
The mobile home is existing on it, and they are proposing to put a second mobile home on the rear of the lot.

347
00:29:15,200 --> 00:29:18,240
So here's the property we're talking about.

348
00:29:18,540 --> 00:29:21,200
We're talking, they're looking to put a mobile home in the back.

349
00:29:21,580 --> 00:29:24,620
I don't know exactly, and they'll need to let us know

350
00:29:25,340 --> 00:29:28,520
how the accessory dwelling unit would be used.

351
00:29:28,740 --> 00:29:31,000
I had a recording the regulations that needs to be used

352
00:29:31,000 --> 00:29:33,160
like for a family member, so it's considered

353
00:29:33,840 --> 00:29:39,200
like a mother-in-law's quarter family unit or something like that.

354
00:29:39,300 --> 00:29:41,200
And there's some other regulations concerning that.

355
00:29:41,200 --> 00:29:43,560
But one of the issues about accessory dwelling units

356
00:29:43,560 --> 00:29:52,320
is that it can be no larger than 800 square feet or 33 percent of the primary dwelling units.

357
00:29:53,060 --> 00:29:56,760
So in it in essence, it is an accessory unit, not a primary unit.

358
00:29:56,760 --> 00:29:59,660
The existing mobile home on the property is 60.

359
00:30:00,000 --> 00:30:12,560
So 12, 1,216 square feet. So under the law, then it would have to be 800 square feet or 33% whichever is less. So that means that the

360
00:30:12,560 --> 00:30:19,340
accessory dwelling unit could be no larger than 401 square feet. And I believe the mobile home that's

361
00:30:19,340 --> 00:30:26,320
proposed on the side is larger than that. So that's one issue regarding the accessory dwelling unit standards.

362
00:30:26,320 --> 00:30:31,340
The other issues that they have to meet, they can comply with.

363
00:30:32,060 --> 00:30:35,600
The zoning around the site, as you can see here, is single family residential.

364
00:30:36,220 --> 00:30:38,460
There are single family homes in the neighborhood.

365
00:30:39,320 --> 00:30:43,760
And there are also three existing mobile homes on Rose lawn right in this area.

366
00:30:44,220 --> 00:30:47,080
So there's theirs and there's some more on Rose lawn.

367
00:30:48,240 --> 00:30:50,920
The code enforcement department, well let's see.

368
00:30:51,320 --> 00:30:53,500
First of all, here we see the site plan.

369
00:30:54,180 --> 00:30:54,700
So,

370
00:30:56,860 --> 00:31:01,240
let's see, the existing unit is here, is that right?

371
00:31:02,760 --> 00:31:06,380
Yeah, and this is the one that's proposed to come in.

372
00:31:06,560 --> 00:31:12,880
There's a driveway here, which I think may be either a city street or an easement of some sort,

373
00:31:12,880 --> 00:31:16,440
because the city has a facility way at the back here.

374
00:31:16,580 --> 00:31:19,260
Some sort of drainage thing or sewer thing.

375
00:31:20,520 --> 00:31:23,700
So, that's how access would be granted to the back structure.

376
00:31:25,300 --> 00:31:27,760
The unit that they're proposing to put in.

377
00:31:27,800 --> 00:31:29,440
Well, where am I?

378
00:31:29,540 --> 00:31:32,040
Okay, here's the existing trailer on the lot.

379
00:31:32,340 --> 00:31:33,480
That right, ma'am.

380
00:31:33,680 --> 00:31:34,440
Yeah, I thought that was it.

381
00:31:34,440 --> 00:31:37,060
That's what it looks like from the street from inner urban.

382
00:31:38,660 --> 00:31:42,340
And the proposed unit that they want to bring in is this unit.

383
00:31:42,360 --> 00:31:46,900
So, it is an existing unit that they are going to get from some other side and bring it in.

384
00:31:50,050 --> 00:31:53,690
It's a 1987 range or mobile home, three bedroom, two baths.

385
00:31:54,530 --> 00:31:58,550
Again, it is larger than the minimum than what the cold code would require.

386
00:31:58,770 --> 00:32:07,030
So approval of special zoning permit would have to allow that to be a larger structure than the 33% minimum or maximum.

387
00:32:08,250 --> 00:32:11,950
We did send code enforcement out as we do with all of our cases that come up.

388
00:32:12,090 --> 00:32:16,450
We always send code enforcement out to look for violation so we can address them at the same time.

389
00:32:16,450 --> 00:32:21,890
When code enforcement went out, we did find that there were quite a number of zoning code violations.

390
00:32:22,750 --> 00:32:26,890
They'd been notified of it. They know that their responsibility cleaned up.

391
00:32:27,190 --> 00:32:30,450
I imagine you were just probably notified this week of that.

392
00:32:31,090 --> 00:32:31,810
And been notified.

393
00:32:34,130 --> 00:32:37,150
Oh, well, my guy tells me he talked to somebody and he all knew about it.

394
00:32:37,210 --> 00:32:40,870
So you're starting to clean it up, but this is photos as of today.

395
00:32:42,860 --> 00:32:46,100
Again, it's a large lot, but this is at the rear of the property.

396
00:32:47,460 --> 00:32:55,300
in I guess kind of in the area okay well okay you can address all this. I just

397
00:32:55,300 --> 00:32:59,340
wanted to make you all aware that that was a concern that if you did approve

398
00:32:59,340 --> 00:33:03,060
this you'd need to make it contingent upon this being cleaned up and codes

399
00:33:03,820 --> 00:33:11,000
abated prior to moving in any other structure on the lot. We have had some

400
00:33:11,000 --> 00:33:21,460
calls about about it and it calls and I believe I would take them as opposition and again it's

401
00:33:21,460 --> 00:33:27,340
a special zoning permit for both the accessory dwelling unit and the mobile home.

402
00:33:27,620 --> 00:33:31,560
So the African is Dixie Peel and they're here to represent their request.

403
00:33:32,360 --> 00:33:35,920
With the applicant, please come up and take their name, address.

404
00:33:35,920 --> 00:33:36,660
My

405
00:33:40,600 --> 00:33:45,500
husband, Jerry, and we live at 33-06 in our Houston, Irving.

406
00:33:47,280 --> 00:33:58,040
And we are wanting to move our home over from the Highland Mobile Hall Park, which has

407
00:33:58,040 --> 00:34:01,940
been bought out by a person, Mr. Peterson, from Colorado.

408
00:34:01,940 --> 00:34:11,360
and it's getting eviction notices without any reason because their homes are old and they

409
00:34:11,360 --> 00:34:16,460
want them out of there. We went through this 13 years ago on the brass. Have you received an

410
00:34:16,460 --> 00:34:22,440
eviction notice? No, we haven't. We haven't. He bought another mobile home park. There are threats that.

411
00:34:22,440 --> 00:34:28,520
He's bought another one? Another mobile home park? Yes. Oh, okay. I didn't know that. Yes. Okay.

412
00:34:29,780 --> 00:34:32,540
It's my name's Paterson, I was just very dissoning one.

413
00:34:32,680 --> 00:34:32,880
It was.

414
00:34:32,880 --> 00:34:36,960
It was my name's Pat Peterson, but it may be a, maybe a son.

415
00:34:37,260 --> 00:34:37,380
Yeah.

416
00:34:37,620 --> 00:34:38,320
It's from Colorado.

417
00:34:38,440 --> 00:34:42,500
We went through this 13 years ago, where you can, everyone,

418
00:34:44,020 --> 00:34:45,260
the finale is vacant.

419
00:34:45,680 --> 00:34:47,820
Nobody's there, but everybody had to operate.

420
00:34:49,980 --> 00:34:54,340
So the trailer home that's on it right now, that's not the one you have at Highland.

421
00:34:54,780 --> 00:34:55,860
No, it's ours.

422
00:34:55,980 --> 00:34:56,840
There's no listen.

423
00:34:57,220 --> 00:34:58,100
That is our home.

424
00:34:58,100 --> 00:35:01,200
we moved in 13 years about.

425
00:35:02,320 --> 00:35:04,420
So you're going to replace yours with one,

426
00:35:04,840 --> 00:35:06,240
OK, I'm just confused.

427
00:35:06,260 --> 00:35:07,080
No, no, no, no.

428
00:35:07,080 --> 00:35:08,900
The one in from the Highland.

429
00:35:09,620 --> 00:35:10,700
Oh, no, at the end of the book.

430
00:35:10,700 --> 00:35:13,040
OK, for your son, for your sister,

431
00:35:13,260 --> 00:35:14,800
I'll be my daughter from the museum.

432
00:35:14,800 --> 00:35:16,160
OK, I'm seeing him in the cabinet.

433
00:35:16,440 --> 00:35:16,620
OK, I'm seeing him in the cabinet.

434
00:35:16,640 --> 00:35:17,260
OK, I'm seeing him in the cabinet.

435
00:35:17,500 --> 00:35:20,420
I'm trying to view on my Bill Rex.

436
00:35:22,480 --> 00:35:25,000
She is due to go into surgery three.

437
00:35:25,060 --> 00:35:26,400
We need her close by.

438
00:35:28,660 --> 00:35:35,240
of we are in the midst of cleaning all of that debris out.

439
00:35:35,520 --> 00:35:36,620
It will all be gone.

440
00:35:36,780 --> 00:35:37,900
All of it will be gone.

441
00:35:38,660 --> 00:35:43,740
It will be nothing there but the mobile home if approved and some trees.

442
00:35:44,240 --> 00:35:46,280
A fence will be put up.

443
00:35:46,880 --> 00:35:51,520
And since we've moved on this property, we had planted trees.

444
00:35:52,520 --> 00:35:54,700
And there was nothing there before.

445
00:35:54,700 --> 00:36:04,060
we have flowers, I mean it's really, really nice, okay, our driveway is a gravel, the parking

446
00:36:04,060 --> 00:36:13,180
area is all graveled or rocked, so no vehicle would be parking grass, okay,

447
00:36:17,760 --> 00:36:18,260
like I said,

448
00:36:18,440 --> 00:36:27,060
only family will be living in it, nobody else, okay, and we feel like this is very important

449
00:36:27,060 --> 00:36:32,460
And for our daughter, because of her condition,

450
00:36:34,540 --> 00:36:38,420
Jerry was a construction and since retired.

451
00:36:38,640 --> 00:36:39,280
That's fine.

452
00:36:39,500 --> 00:36:40,000
Let's go, sir.

453
00:36:40,420 --> 00:36:42,220
That was all for his business.

454
00:36:42,820 --> 00:36:45,060
It's been cleaned up.

455
00:36:46,740 --> 00:36:58,500
And other than that, there will be a small shed left up there, which has been a place.

456
00:36:58,500 --> 00:37:00,780
that we have there.

457
00:37:00,880 --> 00:37:01,340
And, um,

458
00:37:04,650 --> 00:37:05,630
how do you say it?

459
00:37:06,230 --> 00:37:07,190
Thank you.

460
00:37:07,710 --> 00:37:09,730
Anyone have any questions for the applicant?

461
00:37:10,950 --> 00:37:13,430
And, why did you say it?

462
00:37:13,430 --> 00:37:14,570
Why is the debris?

463
00:37:15,130 --> 00:37:18,790
I think about a few minutes later from the Department of Construction.

464
00:37:20,210 --> 00:37:21,350
And I will get it all.

465
00:37:21,350 --> 00:37:22,590
It will all be moved.

466
00:37:23,070 --> 00:37:23,810
I'll take it to the building.

467
00:37:23,990 --> 00:37:26,510
Every bit of that will be removed.

468
00:37:28,110 --> 00:37:28,370
Okay.

469
00:37:28,370 --> 00:37:33,170
But then so we took down that wood fence, we took down it all.

470
00:37:33,170 --> 00:37:33,570
Yeah.

471
00:37:33,570 --> 00:37:35,610
And the lower arm's going to be gone.

472
00:37:41,060 --> 00:37:41,820
Anyone else have any questions?

473
00:37:42,460 --> 00:37:42,460
Thank

474
00:37:44,920 --> 00:37:46,400
you all.

475
00:37:46,940 --> 00:37:52,680
So we'll go ahead and open the public portion for anyone to speak for against the matter.

476
00:38:00,680 --> 00:38:05,180
Anderson and I will be of next door to Jerry and Dixie.

477
00:38:06,220 --> 00:38:11,540
And when she first told me about what they had planned to do after I called and asked her

478
00:38:11,540 --> 00:38:18,460
the letter that I received. You'll have to excuse me. I've got lost my voice three

479
00:38:18,460 --> 00:38:27,100
times today, but I have some questions since I talked to her. I found out where it

480
00:38:27,100 --> 00:38:42,610
says drive way there. It says on my flat that I own 25 feet of lots six and they are

481
00:38:42,610 --> 00:38:52,070
lots six. I'm what five and I own part of lots. Well, most all of that

482
00:38:52,070 --> 00:39:01,910
lot five but 25 feet of lots six and that driveway is a driveway. I have some problems

483
00:39:01,910 --> 00:39:08,130
that I when she told me about it, I felt for them because they have a problem

484
00:39:08,130 --> 00:39:16,090
that they need to take care of, their daughter, that I found out that they have been a

485
00:39:16,090 --> 00:39:25,890
watered driveway. I'm assuming on inner urban. When they bought that lot,

486
00:39:28,680 --> 00:39:29,080
I never

487
00:39:29,080 --> 00:39:35,380
received any notification, and when they moved in,

488
00:39:37,580 --> 00:39:40,380
we've gotten to be good

489
00:39:40,380 --> 00:39:46,720
neighbors, we try to help each other and I don't want that to be

490
00:39:46,720 --> 00:39:51,160
brilliant, but I have to watch out, I'm getting older, I'm the only

491
00:39:51,160 --> 00:39:57,320
one there, I have children that are grown that will take care of

492
00:39:57,320 --> 00:40:00,080
that, sell it or whatever when I'm gone.

493
00:40:06,980 --> 00:40:11,560
That driveway has access to a

494
00:40:11,560 --> 00:40:21,530
a water manhole about nine to ten feet from my garage. My garage faces west. It's not

495
00:40:22,040 --> 00:40:32,860
on the house. It is separate from the house. And the door comes up on the west side and I back

496
00:40:32,860 --> 00:40:38,220
out, and that's that area where Jerry's gonna clean up.

497
00:40:41,160 --> 00:40:42,780
Some of the stuff is over.

498
00:40:43,040 --> 00:40:52,900
It's come over. There's a fence post that is where I go by my property of the people

499
00:40:52,900 --> 00:40:59,580
just north of them, and it runs straight down to inner urban. Excuse me.

500
00:41:01,660 --> 00:41:02,940
And I'm assuming

501
00:41:02,940 --> 00:41:12,960
from what I get with me having 6, a portion of 6, which that's what they have.

502
00:41:14,140 --> 00:41:23,780
On my plot, that that driveway is my driveway and it's for me to have to take care of.

503
00:41:24,240 --> 00:41:33,460
And if there was more cars coming in, they had family come to visit and stuff too.

504
00:41:33,460 --> 00:42:04,540
If there's more cars coming in, if this is granted, I would prefer if there's some restrictions that maybe they use the inner urban and make a drive to go to that trailer and to their trailer so that later my children won't have to deal with that for the and get it taken care of now.

505
00:42:08,250 --> 00:42:14,850
How do we know that that's your driveway? How do we know that's it? I'm looking actually what it says here

506
00:42:15,870 --> 00:42:17,830
I'm looking at that now

507
00:42:17,830 --> 00:42:26,730
She owns the West 60 feet of a lot five which is to the south and the East 25 feet of a lot six

508
00:42:30,490 --> 00:42:33,010
Which looks like that would be right

509
00:42:33,010 --> 00:42:37,930
But then according to the map according to this map. It looks like

510
00:42:41,540 --> 00:42:42,500
One more.

511
00:42:47,500 --> 00:42:49,000
It's the right one here.

512
00:42:54,250 --> 00:42:55,810
He's going slow on me today.

513
00:42:55,850 --> 00:42:56,930
Sit this on to first.

514
00:43:00,210 --> 00:43:01,910
I'm almost there, hold on.

515
00:43:04,770 --> 00:43:07,750
I don't know how this seems, but...

516
00:43:07,750 --> 00:43:12,110
Lot six was originally went up to this point here.

517
00:43:14,070 --> 00:43:18,850
So six went from there, and you can't see the line, but six went to there.

518
00:43:19,390 --> 00:43:22,990
It lined up with this lot right, that lot line, and this lot line.

519
00:43:22,990 --> 00:43:32,190
So that was lots six. It shows that they owned the West 124 feet of the South 284 which would be right.

520
00:43:32,310 --> 00:43:38,090
So this would be the South 284 and this would be the West 124.

521
00:43:38,690 --> 00:43:48,050
So assuming this piece right here would be the 25 feet of lots six that it says she owns and then she owns in addition to that

522
00:43:48,050 --> 00:43:55,450
um, a portion of a lot five, which actually a lot five is all of this

523
00:43:55,450 --> 00:44:01,710
spot right here. So she owns, it's just that, the west part, part of a lot five.

524
00:44:01,930 --> 00:44:07,270
And part of a lot. Yeah, so it looks like she does like she does. But when you

525
00:44:07,270 --> 00:44:12,130
look at this map, it looks like there's a separate property line drawn on there

526
00:44:12,130 --> 00:44:16,290
and you can't see because I don't, not sure how you zoom, but looks like there's a

527
00:44:16,290 --> 00:44:22,490
line drawn right down there. You kind of barely see it. If you look in your pack it on page

528
00:44:22,490 --> 00:44:29,270
three of three, you can see the red outline of the property that we're talking about. And

529
00:44:29,270 --> 00:44:35,610
then you can see this long skinny, which is the driveway. And I think, which looks like

530
00:44:35,610 --> 00:44:40,890
it's separate from her track. I'm trying to see here in the legal descriptions who may own it,

531
00:44:40,890 --> 00:44:46,750
But it goes back to a city, a city thing at the end, which you can see that little, you

532
00:44:46,750 --> 00:44:47,350
own a very end.

533
00:44:47,430 --> 00:44:53,630
I thought perhaps a city owned it as an easement or a piece of property outright, but she

534
00:44:53,630 --> 00:44:54,610
may own it.

535
00:44:55,290 --> 00:44:57,970
It may be hers, and we have an easement over it, I don't know.

536
00:45:05,040 --> 00:45:24,040
But would be something we'd have to confirm all that prior to, so if you wanted to prove this, you'd need to make it subject to cleaning up the code violations and confirmation of access through their own property to it.

537
00:45:24,040 --> 00:45:33,040
And the only way that would be differently would be is if she wanted to grant an access

538
00:45:33,040 --> 00:45:37,820
easement or if there was already, there may have been a private access easement between

539
00:45:37,820 --> 00:45:43,240
your property and their property that has existed for some time, that would be filed of record.

540
00:45:43,340 --> 00:45:48,740
But it would be a private agreement between two people and we'd have to find that out at the courthouse.

541
00:45:48,740 --> 00:45:54,600
So, but we'd have to ensure access is appropriate and under their control.

542
00:46:00,760 --> 00:46:01,560
Thank you.

543
00:46:01,660 --> 00:46:05,160
You have any other little objections to.

544
00:46:17,900 --> 00:46:18,480
And

545
00:46:20,500 --> 00:46:28,000
I don't want it to go down any more than it has as far as that goes in the value of our property.

546
00:46:28,480 --> 00:46:33,040
There are several levels in that area. It is a large lot.

547
00:46:33,040 --> 00:46:39,400
It may very well improve your value if it's all cleaned up.

548
00:46:45,270 --> 00:46:51,150
You were talking about the size that was going to go on there too.

549
00:46:53,840 --> 00:46:56,840
Yeah, they would have to have a we would have to in a minimum.

550
00:46:58,300 --> 00:47:05,600
They would state that they can have it bigger than the city regulations state that they can have at this point.

551
00:47:05,600 --> 00:47:05,980
Okay.

552
00:47:06,320 --> 00:47:07,120
All right.

553
00:47:07,120 --> 00:47:08,140
Thank you.

554
00:47:09,420 --> 00:47:14,740
What anyone else seeing no one else to speak will go ahead and close the public portion.

555
00:47:15,900 --> 00:47:15,900
And

556
00:47:27,650 --> 00:47:31,210
let you come back to the macro phone place.

557
00:47:36,390 --> 00:47:40,010
You're saying you make them park on your side of the drive.

558
00:47:40,750 --> 00:47:42,470
What do you know about the drive?

559
00:47:44,110 --> 00:47:46,930
We don't really, we've never been told about.

560
00:47:48,250 --> 00:47:51,370
We've always shared the drive.

561
00:47:51,370 --> 00:48:03,530
We've never blocked anybody in, and if somebody does park there, we make a move, because there's no way that I want to block Mrs. Andersenian.

562
00:48:03,770 --> 00:48:10,750
And if, in fact, she owns that, then you do not have an existing easement over it.

563
00:48:10,750 --> 00:48:16,010
then you should be prepared to have another

564
00:48:16,010 --> 00:48:23,170
and grassy grass off of either inner urban or rose lawn instead of

565
00:48:23,170 --> 00:48:26,690
using this existing drive, but they

566
00:48:29,000 --> 00:48:30,220
prepared to do that.

567
00:48:30,520 --> 00:48:33,840
Isn't it? All right. Thank you.

568
00:48:33,900 --> 00:48:35,200
You're welcome. Thank you.

569
00:48:42,410 --> 00:48:49,390
moved in their trailer. I have a request of them. You know what I'm going to say.

570
00:48:50,130 --> 00:49:00,170
They hired the people, not from our area, to move their trailer in, and we were not home when that happened.

571
00:49:00,910 --> 00:49:09,650
And we came home, and their trailer was sitting on their lot, and there was

572
00:49:09,650 --> 00:49:17,990
tire prints going all the way through our front yard, and the people that moved their trailer in

573
00:49:17,990 --> 00:49:26,290
when across our front yard and our sewer system is in the front yard under and stuff and

574
00:49:27,150 --> 00:49:37,450
we had some concerns and I called that company and told them they didn't have permission to do that

575
00:49:38,090 --> 00:49:46,790
and that if it caused our sewer line to have problems soon, you know, after that

576
00:49:46,790 --> 00:49:53,290
had happened, why? I would be calling them back. Well, we looked out and there

577
00:49:53,290 --> 00:49:55,750
wasn't. Good. But yes,

578
00:49:58,440 --> 00:50:02,740
yeah, you did. They had broken a little cap on the clean

579
00:50:02,740 --> 00:50:05,620
open that's

580
00:50:08,370 --> 00:50:13,690
my request that you let them know if they if they move that

581
00:50:14,270 --> 00:50:19,010
in and that would be for you to work out with them yeah that's not something

582
00:50:19,010 --> 00:50:24,710
well the dress thank you no problem so go ahead and close the public portion and

583
00:50:24,710 --> 00:50:28,470
look for a motion make a motion to approve a second

584
00:50:31,220 --> 00:50:32,300
and I won't let me clarify

585
00:50:32,300 --> 00:50:36,640
the motion and second movements. The amendments that I've mentioned about

586
00:50:36,640 --> 00:50:38,320
with staff recommendations.

587
00:50:40,380 --> 00:50:40,380
Okay.

588
00:50:42,000 --> 00:50:46,180
Mr. Mokers. No. Mr. Luke. Yes.

589
00:50:46,420 --> 00:50:53,000
Mr. Brats. No, based on the fact that the mobile home that would be put on it

590
00:50:53,000 --> 00:50:59,240
exceeds the maximum size as well as the fact that they are currently in violation of several

591
00:51:02,700 --> 00:51:09,960
codes no just there's the lot all the looks very large on the map it just

592
00:51:09,960 --> 00:51:15,460
doesn't appear to me as there's enough room for two residents on the same

593
00:51:16,200 --> 00:51:17,880
plot of land

594
00:51:21,630 --> 00:51:25,590
okay motion fails

595
00:51:25,590 --> 00:51:33,250
9 or 6 staff reports we have nothing new to report nothing new report any new

596
00:51:33,250 --> 00:51:33,770
business.

597
00:51:34,650 --> 00:51:34,770
No.

598
00:51:35,110 --> 00:51:35,830
You need new cases.

599
00:51:36,130 --> 00:51:36,550
Next month.

600
00:51:36,950 --> 00:51:38,430
Um, not yet.

601
00:51:39,210 --> 00:51:39,650
All right.

602
00:51:40,390 --> 00:51:40,770
We're adjourned.