[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[0:00] 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.
[0:08] Mr. Monkers, here. Mr. Branch. Here. Mr. Licky. Here. Mr. Branch. Here.
[0:13] We have a call.
[0:15] The agenda item number two is to consider and take action on the minutes of the regular meeting of July 25th, 2013.
[0:26] Move for approval as written.
[0:28] All second.
[0:32] Mr. Licky? Yes.
[0:34] Mr. Branch. Yes.
[0:35] Mr. Monkers? Yes. Mr. Monkers? Yes. Mr. Freeman.
[0:37] Yes, motion carries. Okay, agenda item number three case B-O-A-1-3-0-9-S-Z-P is a
[0:47] public hearing to consider and take action on an application from Michael and
[0:51] Lindsey McClister for approval of a special zoning care pit in accordance with
[0:56] section 3.1-C of the Bartersville Municipal Code to allow the keeping of a
[1:00] miniature horse. On a property located at RS7 zoning district at 4,000 and 1
[1:06] on a lead lane with a described as 7 block 2, Robert E. Lee addition, Bartosville, Washington County.
[1:12] Staff report please.
[1:13] I hear by a wish to recuse myself in this case.
[1:16] Thank you.
[1:20] 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.
[1:32] If you want anything else, it requires a special zoning permit from the Board of Adjustment.
[1:37] The reason that was done was because, and other things are just outdoor animals.
[1:42] So you could have a guinea pig in the house, you can have a parrot in the house, you could
[1:47] have snakes in your house.
[1:48] As long as they're not outdoor pets, outdoor pets are only dogs and cats.
[1:52] The idea behind that is that in some properties, on some larger acreages or in some areas,
[2:00] it may be appropriate to have a different type of outdoor animal because when the ordinance
[2:04] was written you couldn't possibly imagine every type that would be appropriate or not.
[2:09] And so by going through this special zoning process through the Board of Adjustment, one
[2:14] of the statutory requirements that the Board has to consider when they deal with this
[2:18] is whether the proposed animal, in this case, would constitute a nuisance being juryous
[2:27] to the neighborhood or otherwise detrimental to the public welfare, and that was the idea
[2:32] behind it.
[2:32] And I think over the years we've had a few that have come to you.
[2:37] Horses by definition are considered livestock, and so therefore they are agricultural animals.
[2:43] We allow those by right in the agricultural zoning district.
[2:47] And we also have a special district called RE residential estate, which is a two-acre minimum,
[2:53] usually out in the outskirts of the city limits.
[2:57] And they can, you're allowed to have one horse in an RE district.
[3:00] 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.
[3:14] The horse has already been located at the residence and I think has probably been there for some time.
[3:19] It's kept in the backyard, as you can see, it's kind of a small animal, and you can see down here
[3:28] the shed, basically, that is being used for shelter, is really a residential.
[3:35] I think it's kind of a residential storage shed that you'd find in most residential areas.
[3:41] The applicant's backyard is approximately 4,400 square feet, so an acreage that's about
[3:45] 10th of an acre. When we look at other cities similar to Bartelsville in the state of Oklahoma,
[3:51] because of horses and their habits and eating grass and things like that, week did not find
[3:58] any standard that allowed them on a lot of less than a third of an acre, even miniature horses,
[4:07] not large horses, but miniature horses on a third of an acre. Some people will argue that horses
[4:14] can be raised in smaller areas without being noticed, particularly if their pens are properly
[4:20] maintained in the manure is properly disposed of. However, if it's not properly maintained,
[4:25] then they can become very impractical when you look at residential densities as we're looking
[4:29] at here with 7,000 square foot minimum due to proximity of neighbors and the absence of room to
[4:37] dispose of the manure. We heard about this as actually came to the staff when we received four
[4:43] plants from neighbors, due to noise and odor that's produced by the horse. So in determining
[4:49] if this special zoning permit is appropriate for this use, you need to consider that it's a
[4:55] single family residential district that agricultural uses are not permitted in those districts.
[5:01] The surrounding neighborhood is densely populated and the lots are below 12,000 square feet.
[5:07] And noise and odor from the animal extends beyond the applicant's property. Those are the
[5:13] them. This is a public hearing required special zoning permits require public hearing.
[5:19] Noters with noter notifications of sent of property owners within three
[5:23] interfeet and so we need to have that comment time and on in the staff report again
[5:30] at references that what the requirements are in terms of findings at the Board of
[5:34] Adjustment must follow in order to meet the statutory requirements for the
[5:38] finding and approval of the special zoning permit.
[5:40] The
[5:46] applicant please come up and state their name and address
[5:49] Michael
[5:56] McClister is my wife Lindsay and we live at 4,000-1 Bonnie Lealing
[5:59] We don't have any questions for the applicant
[6:03] How long have you had the horse there?
[6:05] Since Christmas Eve last year
[6:07] So less than a year
[6:09] And it's a pet I assume
[6:10] It's a therapy animal for our oldest son
[6:12] That was the purpose in getting her
[6:14] He doesn't respond
[6:15] We try the dogs and we can't do cats because our other siblings and my wife are both allergic
[6:21] 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.
[6:34] Since getting her his grades have improved vastly from mostly season these two three days of being a sea right now.
[6:42] He's come out of his shell greatly since then and he's very active in the caring of this animal.
[6:46] 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
[6:56] 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
[7:06] Would you say that there's a
[7:08] foul loader that
[7:10] Stins throughout the neighborhood beyond your house. Really hot days. Yeah. Okay, when it gets hot
[7:15] It's like that.
[7:16] Look at that pass in there.
[7:18] What are you currently doing with the waste?
[7:20] We take it to the dump.
[7:21] We bag it up in the big leaf style bags and seal those up and then once we take it to the
[7:28] dump.
[7:28] Do you bag it up daily?
[7:29] We bag it every single day.
[7:33] And it's maybe tooious.
[7:34] No shovels worth every day.
[7:36] Maybe a little more on some days.
[7:43] He's also a full-grown one.
[7:44] She won't get any bigger than what you saw.
[7:49] So that rack of men's pit therapy, not necessarily the horse therapy.
[7:53] So your explanations are you've tried we try the dogs and he doesn't we have normal. We and he doesn't respond
[8:03] We can't try cats because of allergies in the family
[8:13] Thank you
[8:14] We'll go ahead and open the public portion like you for anyone to speak for or against this matter
[8:20] He would please just please just I name his Robert King my address. It's 4100 southeast Kentucky
[8:26] You can just one block over four houses down, the stench is so bad along with the flies.
[8:32] We cannot set outside at night because of this instance on a hot day or right after a rainy
[8:39] day, you can even walk around the block without it taking your breath away.
[8:45] And me as being a heart patient, I would have asked that it not be allowed.
[8:50] Thank you, sir.
[9:01] name is Donna Schaefer and I live at 4,000 Bonnie Lee Lane and I had a question as well if this is
[9:09] resumed for this animal does that hurt our property values in the area? It actually is not a
[9:17] rezoning so the zoning stays the same. A special zoning permit is granted based upon findings by the board
[9:23] but the property stays zone residential. The special zoning permit is granted for that use to that property owner
[9:30] and doesn't transfer to any other use or any other property owner.
[9:36] Along with this animal, they do have dogs.
[9:38] I've noticed about three in the backyard.
[9:40] What is the requirement as far as our ordinance for how many dogs you can have?
[9:46] Well, the animal control ordinances actually say you can have four animals,
[9:50] which could be two dogs.
[9:52] And I think it's either and or two cats.
[9:55] Outbors in any one time.
[9:57] 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.
[10:09] 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.
[10:17] And it's not that I want to be a bad neighbor or anything, but I am against having the worst in the property.
[10:32] 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
[10:39] I
[10:40] What will this do to our property value?
[10:44] Well, that's kind of a question. I mean none of us that really answered because we're not a praisers
[10:49] The property value is affected
[10:50] 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
[10:56] something that was offensive to me and say I don't want to buy your house because I don't
[11:01] like what I smelled it. I mean I guess you could say well that drops my property value and
[11:06] some people can make that same argument about any other use but as to whether or not it really
[11:11] would drop your property value you can have a judgment about that and so can I but you would only
[11:17] know if you paid in a praiser to come out and do that. And that would be a matter of opinion also.
[11:24] I understand, I understand, the permit is it revocable, I mean, can you a month from now
[11:32] to say, you know what I'm saying, is it if the board chose to, if they chose to grant
[11:36] this they could control or conditions on it, that the waste had to be kept up, or if there
[11:42] is four complaints of odor within a month or whatever, it would be revisited or revoked or
[11:49] whatever, so they can put conditions on it should they choose to approve it.
[11:54] the smell I can smell but not probably as bad as the others because I'm right next door
[11:59] so the wind's blowing you know what I'm saying more across the straight down that way than
[12:04] then mine I have smelt it maybe not as strong as others but I don't want to say I don't want
[12:10] to be a bad neighbor I don't want to you know but are you right next door I'm right next
[12:23] to
[12:36] Bonnie Lee line, just across the street, catacorned. We also smell the smell. The summer wasn't
[12:43] real bad, thank goodness because I think it would have been a lot worse if we'd had a real
[12:47] hot summer. We didn't notice some more spies. We have had people that come visit us that go jogging
[12:56] through the neighborhood and stuff when they visit us on a relation tell us that just jogging by the
[13:01] house, so that smell is horrible. We would also prefer not to have the
[13:07] forms. We worry about our property value, but it will do to that, and I'm also
[13:13] concerned about the horse itself, whether or not this is satisfactory for a
[13:20] for a horse. I don't know what animal rights are or anything on how much land and
[13:26] type of shader or anything they need, but that's a type of shad most people park that
[13:32] all know, and I would thank them especially in the summer that it would get awfully hot
[13:38] in that 10 building. I also have a concern if it's satisfactory to even have a horse there.
[13:49] Thank you.
[13:55] What did anyone else like to speak on this matter?
[14:00] 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?
[14:10] Or the police department or anyone?
[14:13] 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.
[14:21] My wife owned the house a few years far enough back that it would have grandfathered.
[14:26] We then later found out from the animal control guy that you have to have maintained them
[14:31] the whole time.
[14:31] And once they were gone for six months, they had vacated that grandfathering, but we didn't
[14:36] know that at the time.
[14:37] We had been told there was a grandfather in the area, or we would have seeked other arrangements.
[14:43] As far as the shed, it's in the shade in the backyard most of the day, but I mean, she doesn't
[14:48] really get in it unless it's at night to sleep.
[14:52] Okay.
[14:58] What was the statute that was granted?
[15:01] We have had areas in town like that. That's a same thing.
[15:06] I can't imagine that area ever was in the last 20 years, and it's been a single family residential area since then.
[15:16] It looks to me like it was plated as a single family residential development. I'm pretty sure based upon the legal description.
[15:22] It's Robert E. Lee edition, so it was plated. If it was RA, it had to have been.
[15:28] Well, I'm all enough to remember.
[15:31] Nice to meet you.
[15:33] And the problem was, it was just farm land by 50s.
[15:44] Seeing the one else to speak for against this, we'll go ahead and close the public portion and look for a motion.
[15:50] Like a motion to approve?
[15:53] Saga?
[15:57] Mr. Leake.
[15:58] It's
[16:03] much as I have empathy for the young man living there and supposedly this is helping
[16:11] him with the objections that have arisen with the odor that is present I'm going to
[16:21] have to vote no.
[16:24] Mr. Brax.
[16:25] No, based on the neighbors complain of the smell and their property value concerns.
[16:29] Mr. Freeman.
[16:31] As well, I'm going to have to know due to neighbor complaints.
[16:35] Motion fails.
[16:39] Just for logistics sake, we'll give you 30 days to have the horse removed.
[16:45] And then we'll control out to confirm that.
[16:51] So I'll move on to agenda item number four.
[16:55] 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.
[17:05] to allow a large child care home as a major home occupation on the property.
[17:10] Look at it in our S7 zoning district.
[17:13] Look at it at 5212 Hazel Road.
[17:16] Legal Describers Lot 10 Block 3 Parkhurst Edition.
[17:20] Stafford, please.
[17:22] The property has been approved as a minor home occupation.
[17:27] And there has been a minor daycare family child daycare operating at that address as
[17:35] of her family child care. She is licensed by the city and by the state or a family child care home.
[17:42] Now that's something that's approved and administratively based upon performance standards. So
[17:47] she's authorized under that permit to care for seven or fewer children operating between the
[17:53] hours of seven to seven PM, there's some other standards. However, her state license allows her to care
[17:59] up to 12 children. The city license then to allow more than seven would require that she
[18:06] become licensed as a major home occupation and as a large child care home. So that's what
[18:14] she's asking for approval tonight. Her operating hours are still the same as if it were minor
[18:19] home occupation. So she's still operating between the parameters of seven to seven. She meets all
[18:25] requirements as far as the privacy fence, the outdoor play area that's required by the state
[18:32] and the city. She, she does ask for another major home occupation standard would be to allow
[18:40] a free standing sign. We don't allow free standing signs as minor home occupation, so she's asking
[18:45] to have a six foot six square foot free standing sign. She has adequate parking that's required by the
[18:53] ordinance, the other change would be the hours of number of trips per day.
[19:01] Minor home occupation says if you're open, 10 hours a day, you're not to have more than
[19:05] one vehicle trip per hour.
[19:08] So we don't want to monitor every hour, but if you're open, 10 hours a day, you should have
[19:13] 10 vehicle trips to and from your house.
[19:16] In this case, she's going to have one, if she were open, you know, 10 and a half hours, which
[19:22] the time 7 to 530 would allow her to have 10 and a half car trips per day.
[19:28] She's caring for 12 children and assuming that every child was dropped off by a different
[19:34] car.
[19:36] There's no car pulling and picked up in a different car.
[19:39] You have 12 drop-offs and 12 pick-ups every day for 24 vehicle trips.
[19:45] Tonight she's requesting approval of a special zoning permit and those exceeded standards
[19:51] for a number of children, the freestanding sign, and the trips per day would need to be granted
[19:57] as part of that major home occupation in the giving of approval for this.
[20:04] So, again, the other thing I might mention, we've run into this before.
[20:10] I don't know about Parkhurst edition, but there are several situations in town where private
[20:15] redistrictions say you can't have any type of home occupation except, you know, business,
[20:21] I mean, a office or something like that, I don't know if it's a private redistriction
[20:25] problem, but we always like to tell applicants that if there is a prohibition against
[20:30] redistrictions that's something they need to check out and get approval for from their
[20:34] homeowners association if there is one.
[20:37] So, Jennifer Adams is the applicant.
[20:40] And just for clarification, the staff report says county vehicle trips child drop off and pick up as counted as one trip.
[20:48] Well, if you're right, so it would be 12 to 12 there, 12 there, 12 back.
[20:53] Okay. You're right. Thank you.
[20:55] No problem. I just want to make sure I was counting correctly.
[20:57] You're right. I counted wrong.
[20:58] Okay. Would the applicant please come up, state their name and address.
[21:04] And if they have anything to add.
[21:05] Jennifer Adams 52 12 Hazel Road.
[21:10] I would mention that my, I don't know if I filled out the application wrong.
[21:14] My sign is a standard real estate sign and it sits flush up against my house.
[21:19] Even though it's a free standing sign, it's staked flush up against my house.
[21:24] So it won't let me not be.
[21:26] Well, the only other problem then, let's say you took it off and you put it against the wall of the house.
[21:30] I think you're only allowed three square feet.
[21:34] I don't know what it meets that requirement when it will.
[21:38] You have down, you're going to have six square foot sign, maybe I can.
[21:41] As mine or home occupation, you're going to have a three square foot wall mounted sign.
[21:45] So even if you took it and put it up against your wall, we'd still need the size to be approved.
[21:56] Is this sign, you say it looks just like a wheelchair sign?
[21:59] It is. My parents were real estate agents, and I just repaint it.
[22:04] Is it up 24 hours a day or do you take it down?
[22:06] It's up 24 hours a day.
[22:08] Would you have a problem putting it on the wall of the house?
[22:12] I would probably make a different one.
[22:14] I mean, if I need to, that's no problem whatsoever.
[22:17] Have you had any neighbors complaining about that sign before?
[22:20] Never.
[22:21] I have run the daycare there since 1993.
[22:25] No, 96.
[22:26] I've had a daycare since 1993.
[22:28] The owners of the home prior to me had a daycare there.
[22:32] And when they moved out of state, we bought the home and moved through the child care that I had into that home.
[22:36] So there's actually been a daycare there for 25 years.
[22:40] And then a neighbor's complained about traffic.
[22:42] Never.
[22:45] So you've gone in maintain, need present hours.
[22:48] You're not going to extend the hours.
[22:50] No, I'm only open until 530 that will never change.
[22:55] My questions addressed to the city.
[22:57] Has there been any complaints registered about this?
[23:01] We did receive one phone call, opposing it.
[23:06] One of the concerns was that the traffic was very heavy with cars
[23:09] going through to Walmart and it's dangerous when kids are dropped off and picked up.
[23:17] That person lived on Saddle Lane, which is, in this area, right here, that's Saddle.
[23:27] There's the location.
[23:34] Does anyone else have any questions for the applicant?
[23:40] Would he explain the signage I don't, the six foot square, I was not going to go for that.
[23:46] No, it's like, I know what a real signage.
[23:50] 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?
[23:57] All right. Thank you, man. Thank you. So we'll go ahead and open the public portion.
[24:02] Looking for anyone to speak for or against the matter.
[24:13] I'm a sure I walk and and I live at
[24:16] 1201 satellite, which is right on the corner. I'm not the one who called though, so. But my
[24:21] concerns or that it is a very busy street. It's a cut-through to Walmart and I am just worried about
[24:28] with the added number of children that there is going to be a lot of added traffic to it. And I really,
[24:36] I just, I'm opposed to it. I, I don't like, if I had known that there's a daycare when I purchased
[24:41] the house back in 2001, I'm not a fan of businesses in my neighborhood. I think it does drop the property
[24:48] value is quite a bit anyway. Thank you.
[24:59] Actually I have one more question for you Miss Adam
[25:01] see as me. Since you've been running this for quite some time and how many children do you
[25:07] have currently? 11 and I'm going to keep it at the 11. You can't even have 11. You can only
[25:14] really, I think this is for 12. By the state you are, but by the city you're only licensed
[25:19] for seven. So if you're caring for 11 now, you're going to have to cut down to nine if this
[25:23] doesn't get approved. Or no, you have to cut down to seven. No, this doesn't get approved.
[25:30] Okay. So that being said, and you're open seven to five 30.
[25:35] Right. Does, is there a large influx all at one time? When the parents drop the children off,
[25:40] is it staggered? Is there time in between? Some show up at seven? Some show up between seven to seven
[25:46] 30. I have a few that come. I only have eight sets of parents. So I'll be okay.
[25:56] They're sibling groups. Right. Right. But it's not, you know, there's not a large
[26:02] influx at 815 or what would I wouldn't say so no. Construit is normal business hours, I
[26:09] 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
[26:28] All right, thank you man
[26:30] Anything else?
[26:31] Go ahead.
[26:33] Would anyone else like to speak?
[26:44] Our workford.
[26:45] I lived at 51-06 Hazel
[26:49] and I was originally at I guess at the cause of the signs.
[26:56] I didn't think of residential area any of the six-foot sign and I think there's even
[27:01] a covenant said this should be no signs but I'm not positive of that and of course they
[27:06] increased traffic.
[27:08] Sure.
[27:09] Thank you.
[27:15] Anyone else like to speak?
[27:21] Now we'll close the public portion and I'll make a motion to approve.
[27:25] Second.
[27:28] Mr. Bratz?
[27:30] Yes.
[27:32] Mr. Monkers?
[27:33] No.
[27:34] Mr. Loot Key?
[27:35] Yes.
[27:36] Mr. Freeman?
[27:44] Yes.
[27:45] Motion carries.
[27:49] Gen. 5
[27:50] Case B-O-A-13-11-S-Z-P
[27:55] Is a public hearing to consider take action on an application from Dixie Peel for a special zoning permit
[28:01] To allow the placement of a mobile home in an RS7 zoning district on a property located at 3306 north east inter urban
[28:09] legally described as lots six block a one pleasant few bars local number
[28:15] Okay, tonight we're dealing with two issues of the zoning code both of which require special zoning permit
[28:22] One is dealing with a mobile home and as you know any time you have a mobile home
[28:26] in the city limits. It does require approval of a special zoning permit if it's not in a mobile home park.
[28:33] The second deals with the city regulations regarding an accessory dwelling unit on the property,
[28:39] which basically is if you have one home, anything else is considered an accessory dwelling unit.
[28:45] The property we're looking at is located at 33.06 in a urban drive.
[28:51] There is an existing mobile home on the property right now.
[28:56] The site is larger than a normal single family residential lot.
[29:00] It's 31,300 square feet, so it's a little less than one acre.
[29:07] The mobile home is existing on it, and they are proposing to put a second mobile home on the rear of the lot.
[29:15] So here's the property we're talking about.
[29:18] We're talking, they're looking to put a mobile home in the back.
[29:21] I don't know exactly, and they'll need to let us know
[29:25] how the accessory dwelling unit would be used.
[29:28] I had a recording the regulations that needs to be used
[29:31] like for a family member, so it's considered
[29:33] like a mother-in-law's quarter family unit or something like that.
[29:39] And there's some other regulations concerning that.
[29:41] But one of the issues about accessory dwelling units
[29:43] is that it can be no larger than 800 square feet or 33 percent of the primary dwelling units.
[29:53] So in it in essence, it is an accessory unit, not a primary unit.
[29:56] The existing mobile home on the property is 60.
[30:00] 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
[30:12] accessory dwelling unit could be no larger than 401 square feet. And I believe the mobile home that's
[30:19] proposed on the side is larger than that. So that's one issue regarding the accessory dwelling unit standards.
[30:26] The other issues that they have to meet, they can comply with.
[30:32] The zoning around the site, as you can see here, is single family residential.
[30:36] There are single family homes in the neighborhood.
[30:39] And there are also three existing mobile homes on Rose lawn right in this area.
[30:44] So there's theirs and there's some more on Rose lawn.
[30:48] The code enforcement department, well let's see.
[30:51] First of all, here we see the site plan.
[30:54] So,
[30:56] let's see, the existing unit is here, is that right?
[31:02] Yeah, and this is the one that's proposed to come in.
[31:06] There's a driveway here, which I think may be either a city street or an easement of some sort,
[31:12] because the city has a facility way at the back here.
[31:16] Some sort of drainage thing or sewer thing.
[31:20] So, that's how access would be granted to the back structure.
[31:25] The unit that they're proposing to put in.
[31:27] Well, where am I?
[31:29] Okay, here's the existing trailer on the lot.
[31:32] That right, ma'am.
[31:33] Yeah, I thought that was it.
[31:34] That's what it looks like from the street from inner urban.
[31:38] And the proposed unit that they want to bring in is this unit.
[31:42] So, it is an existing unit that they are going to get from some other side and bring it in.
[31:50] It's a 1987 range or mobile home, three bedroom, two baths.
[31:54] Again, it is larger than the minimum than what the cold code would require.
[31:58] So approval of special zoning permit would have to allow that to be a larger structure than the 33% minimum or maximum.
[32:08] We did send code enforcement out as we do with all of our cases that come up.
[32:12] We always send code enforcement out to look for violation so we can address them at the same time.
[32:16] When code enforcement went out, we did find that there were quite a number of zoning code violations.
[32:22] They'd been notified of it. They know that their responsibility cleaned up.
[32:27] I imagine you were just probably notified this week of that.
[32:31] And been notified.
[32:34] Oh, well, my guy tells me he talked to somebody and he all knew about it.
[32:37] So you're starting to clean it up, but this is photos as of today.
[32:42] Again, it's a large lot, but this is at the rear of the property.
[32:47] in I guess kind of in the area okay well okay you can address all this. I just
[32:55] wanted to make you all aware that that was a concern that if you did approve
[32:59] this you'd need to make it contingent upon this being cleaned up and codes
[33:03] abated prior to moving in any other structure on the lot. We have had some
[33:11] calls about about it and it calls and I believe I would take them as opposition and again it's
[33:21] a special zoning permit for both the accessory dwelling unit and the mobile home.
[33:27] So the African is Dixie Peel and they're here to represent their request.
[33:32] With the applicant, please come up and take their name, address.
[33:35] My
[33:40] husband, Jerry, and we live at 33-06 in our Houston, Irving.
[33:47] And we are wanting to move our home over from the Highland Mobile Hall Park, which has
[33:58] been bought out by a person, Mr. Peterson, from Colorado.
[34:01] and it's getting eviction notices without any reason because their homes are old and they
[34:11] want them out of there. We went through this 13 years ago on the brass. Have you received an
[34:16] eviction notice? No, we haven't. We haven't. He bought another mobile home park. There are threats that.
[34:22] He's bought another one? Another mobile home park? Yes. Oh, okay. I didn't know that. Yes. Okay.
[34:29] It's my name's Paterson, I was just very dissoning one.
[34:32] It was.
[34:32] It was my name's Pat Peterson, but it may be a, maybe a son.
[34:37] Yeah.
[34:37] It's from Colorado.
[34:38] We went through this 13 years ago, where you can, everyone,
[34:44] the finale is vacant.
[34:45] Nobody's there, but everybody had to operate.
[34:49] So the trailer home that's on it right now, that's not the one you have at Highland.
[34:54] No, it's ours.
[34:55] There's no listen.
[34:57] That is our home.
[34:58] we moved in 13 years about.
[35:02] So you're going to replace yours with one,
[35:04] OK, I'm just confused.
[35:06] No, no, no, no.
[35:07] The one in from the Highland.
[35:09] Oh, no, at the end of the book.
[35:10] OK, for your son, for your sister,
[35:13] I'll be my daughter from the museum.
[35:14] OK, I'm seeing him in the cabinet.
[35:16] OK, I'm seeing him in the cabinet.
[35:16] OK, I'm seeing him in the cabinet.
[35:17] I'm trying to view on my Bill Rex.
[35:22] She is due to go into surgery three.
[35:25] We need her close by.
[35:28] of we are in the midst of cleaning all of that debris out.
[35:35] It will all be gone.
[35:36] All of it will be gone.
[35:38] It will be nothing there but the mobile home if approved and some trees.
[35:44] A fence will be put up.
[35:46] And since we've moved on this property, we had planted trees.
[35:52] And there was nothing there before.
[35:54] we have flowers, I mean it's really, really nice, okay, our driveway is a gravel, the parking
[36:04] area is all graveled or rocked, so no vehicle would be parking grass, okay,
[36:17] like I said,
[36:18] only family will be living in it, nobody else, okay, and we feel like this is very important
[36:27] And for our daughter, because of her condition,
[36:34] Jerry was a construction and since retired.
[36:38] That's fine.
[36:39] Let's go, sir.
[36:40] That was all for his business.
[36:42] It's been cleaned up.
[36:46] And other than that, there will be a small shed left up there, which has been a place.
[36:58] that we have there.
[37:00] And, um,
[37:04] how do you say it?
[37:06] Thank you.
[37:07] Anyone have any questions for the applicant?
[37:10] And, why did you say it?
[37:13] Why is the debris?
[37:15] I think about a few minutes later from the Department of Construction.
[37:20] And I will get it all.
[37:21] It will all be moved.
[37:23] I'll take it to the building.
[37:23] Every bit of that will be removed.
[37:28] Okay.
[37:28] But then so we took down that wood fence, we took down it all.
[37:33] Yeah.
[37:33] And the lower arm's going to be gone.
[37:41] Anyone else have any questions?
[37:42] Thank
[37:44] you all.
[37:46] So we'll go ahead and open the public portion for anyone to speak for against the matter.
[38:00] Anderson and I will be of next door to Jerry and Dixie.
[38:06] And when she first told me about what they had planned to do after I called and asked her
[38:11] the letter that I received. You'll have to excuse me. I've got lost my voice three
[38:18] times today, but I have some questions since I talked to her. I found out where it
[38:27] says drive way there. It says on my flat that I own 25 feet of lots six and they are
[38:42] lots six. I'm what five and I own part of lots. Well, most all of that
[38:52] lot five but 25 feet of lots six and that driveway is a driveway. I have some problems
[39:01] that I when she told me about it, I felt for them because they have a problem
[39:08] that they need to take care of, their daughter, that I found out that they have been a
[39:16] watered driveway. I'm assuming on inner urban. When they bought that lot,
[39:28] I never
[39:29] received any notification, and when they moved in,
[39:37] we've gotten to be good
[39:40] neighbors, we try to help each other and I don't want that to be
[39:46] brilliant, but I have to watch out, I'm getting older, I'm the only
[39:51] one there, I have children that are grown that will take care of
[39:57] that, sell it or whatever when I'm gone.
[40:06] That driveway has access to a
[40:11] a water manhole about nine to ten feet from my garage. My garage faces west. It's not
[40:22] on the house. It is separate from the house. And the door comes up on the west side and I back
[40:32] out, and that's that area where Jerry's gonna clean up.
[40:41] Some of the stuff is over.
[40:43] It's come over. There's a fence post that is where I go by my property of the people
[40:52] just north of them, and it runs straight down to inner urban. Excuse me.
[41:01] And I'm assuming
[41:02] from what I get with me having 6, a portion of 6, which that's what they have.
[41:14] On my plot, that that driveway is my driveway and it's for me to have to take care of.
[41:24] And if there was more cars coming in, they had family come to visit and stuff too.
[41:33] 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.
[42:08] How do we know that that's your driveway? How do we know that's it? I'm looking actually what it says here
[42:15] I'm looking at that now
[42:17] She owns the West 60 feet of a lot five which is to the south and the East 25 feet of a lot six
[42:30] Which looks like that would be right
[42:33] But then according to the map according to this map. It looks like
[42:41] One more.
[42:47] It's the right one here.
[42:54] He's going slow on me today.
[42:55] Sit this on to first.
[43:00] I'm almost there, hold on.
[43:04] I don't know how this seems, but...
[43:07] Lot six was originally went up to this point here.
[43:14] So six went from there, and you can't see the line, but six went to there.
[43:19] It lined up with this lot right, that lot line, and this lot line.
[43:22] So that was lots six. It shows that they owned the West 124 feet of the South 284 which would be right.
[43:32] So this would be the South 284 and this would be the West 124.
[43:38] 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
[43:48] um, a portion of a lot five, which actually a lot five is all of this
[43:55] spot right here. So she owns, it's just that, the west part, part of a lot five.
[44:01] And part of a lot. Yeah, so it looks like she does like she does. But when you
[44:07] look at this map, it looks like there's a separate property line drawn on there
[44:12] and you can't see because I don't, not sure how you zoom, but looks like there's a
[44:16] line drawn right down there. You kind of barely see it. If you look in your pack it on page
[44:22] three of three, you can see the red outline of the property that we're talking about. And
[44:29] then you can see this long skinny, which is the driveway. And I think, which looks like
[44:35] it's separate from her track. I'm trying to see here in the legal descriptions who may own it,
[44:40] But it goes back to a city, a city thing at the end, which you can see that little, you
[44:46] own a very end.
[44:47] I thought perhaps a city owned it as an easement or a piece of property outright, but she
[44:53] may own it.
[44:55] It may be hers, and we have an easement over it, I don't know.
[45:05] 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.
[45:24] And the only way that would be differently would be is if she wanted to grant an access
[45:33] easement or if there was already, there may have been a private access easement between
[45:37] your property and their property that has existed for some time, that would be filed of record.
[45:43] But it would be a private agreement between two people and we'd have to find that out at the courthouse.
[45:48] So, but we'd have to ensure access is appropriate and under their control.
[46:00] Thank you.
[46:01] You have any other little objections to.
[46:17] And
[46:20] I don't want it to go down any more than it has as far as that goes in the value of our property.
[46:28] There are several levels in that area. It is a large lot.
[46:33] It may very well improve your value if it's all cleaned up.
[46:45] You were talking about the size that was going to go on there too.
[46:53] Yeah, they would have to have a we would have to in a minimum.
[46:58] They would state that they can have it bigger than the city regulations state that they can have at this point.
[47:05] Okay.
[47:06] All right.
[47:07] Thank you.
[47:09] What anyone else seeing no one else to speak will go ahead and close the public portion.
[47:15] And
[47:27] let you come back to the macro phone place.
[47:36] You're saying you make them park on your side of the drive.
[47:40] What do you know about the drive?
[47:44] We don't really, we've never been told about.
[47:48] We've always shared the drive.
[47:51] 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.
[48:03] And if, in fact, she owns that, then you do not have an existing easement over it.
[48:10] then you should be prepared to have another
[48:16] and grassy grass off of either inner urban or rose lawn instead of
[48:23] using this existing drive, but they
[48:29] prepared to do that.
[48:30] Isn't it? All right. Thank you.
[48:33] You're welcome. Thank you.
[48:42] moved in their trailer. I have a request of them. You know what I'm going to say.
[48:50] They hired the people, not from our area, to move their trailer in, and we were not home when that happened.
[49:00] And we came home, and their trailer was sitting on their lot, and there was
[49:09] tire prints going all the way through our front yard, and the people that moved their trailer in
[49:17] when across our front yard and our sewer system is in the front yard under and stuff and
[49:27] we had some concerns and I called that company and told them they didn't have permission to do that
[49:38] and that if it caused our sewer line to have problems soon, you know, after that
[49:46] had happened, why? I would be calling them back. Well, we looked out and there
[49:53] wasn't. Good. But yes,
[49:58] yeah, you did. They had broken a little cap on the clean
[50:02] open that's
[50:08] my request that you let them know if they if they move that
[50:14] in and that would be for you to work out with them yeah that's not something
[50:19] well the dress thank you no problem so go ahead and close the public portion and
[50:24] look for a motion make a motion to approve a second
[50:31] and I won't let me clarify
[50:32] the motion and second movements. The amendments that I've mentioned about
[50:36] with staff recommendations.
[50:40] Okay.
[50:42] Mr. Mokers. No. Mr. Luke. Yes.
[50:46] Mr. Brats. No, based on the fact that the mobile home that would be put on it
[50:53] exceeds the maximum size as well as the fact that they are currently in violation of several
[51:02] codes no just there's the lot all the looks very large on the map it just
[51:09] doesn't appear to me as there's enough room for two residents on the same
[51:16] plot of land
[51:21] okay motion fails
[51:25] 9 or 6 staff reports we have nothing new to report nothing new report any new
[51:33] business.
[51:34] No.
[51:35] You need new cases.
[51:36] Next month.
[51:36] Um, not yet.
[51:39] All right.
[51:40] We're adjourned.