1 00:00:06,550 --> 00:00:10,160 [clears throat] miles. 2 00:00:08,880 --> 00:00:11,360 » We're all set to go, Bob. >> The hot. 3 00:00:11,120 --> 00:00:17,039 » Yeah, >> we all set. All right, great. Like to 4 00:00:14,960 --> 00:00:22,720 welcome everybody to the uh planning commission for the 2nd of September, 5 00:00:20,400 --> 00:00:28,000 2026. Uh I guess the first item is uh roll 6 00:00:25,840 --> 00:00:30,720 call. [clears throat] >> All right, Mr. body 7 00:00:29,760 --> 00:00:32,480 » here. >> Miss Broadwell 8 00:00:31,760 --> 00:00:34,160 » here. >> Miss Denbo 9 00:00:33,440 --> 00:00:36,480 » here. >> Miss Andis 10 00:00:35,040 --> 00:00:38,320 » Yes. here. >> Mr. McComereber 11 00:00:37,440 --> 00:00:40,000 » here. [clears throat] >> Mr. Phillips 12 00:00:39,280 --> 00:00:41,440 » here. >> Mr. Reis 13 00:00:40,879 --> 00:00:43,840 » here. >> Mr. Stalter 14 00:00:42,399 --> 00:00:48,079 » here. Mr. Wadd >> here. 15 00:00:46,079 --> 00:00:53,600 The second item is the approval of minutes for the August 5th, 2026 16 00:00:51,200 --> 00:00:59,600 meeting. Does anybody have any corrections or 17 00:00:56,800 --> 00:01:02,719 other issues? Hearing none. Is there a move to 18 00:01:01,520 --> 00:01:05,199 approve? >> So moved. 19 00:01:04,080 --> 00:01:11,240 » Second. >> Second. 20 00:01:07,600 --> 00:01:11,240 » Do we need to 21 00:01:11,600 --> 00:01:15,920 call it anyway? >> All right. 22 00:01:13,680 --> 00:01:17,040 » So, everyone approved by voice vote. Yes. 23 00:01:16,320 --> 00:01:22,159 » Yes. Yes. >> Thank you very much. 24 00:01:19,119 --> 00:01:28,320 » Third item on the agenda is lobby visitation. Uh before we open anything 25 00:01:25,680 --> 00:01:32,880 up there, I would like to uh remind everyone that there is a signin sheet. 26 00:01:30,479 --> 00:01:37,119 So if you do in fact want to come up and speak uh in front of the commission, 27 00:01:34,560 --> 00:01:42,880 please make sure that you sign in. Uh we'd appreciate that. With that in mind, 28 00:01:40,640 --> 00:01:48,240 is there anyone who would like to come up and address the commission today 29 00:01:44,640 --> 00:01:51,399 about anything uh else that is not on the agenda? 30 00:01:54,320 --> 00:02:01,200 Seeing none, I guess we'll go to the next item. 31 00:01:58,159 --> 00:02:08,879 Okay, we have a public hearing this evening on the reszoning requests for 32 00:02:04,560 --> 00:02:16,480 0.238 238 plus or minus acres located at 903 North Main Street identified as 33 00:02:11,920 --> 00:02:21,760 parcel numbers B 08 510 2 4 020 34 00:02:19,599 --> 00:02:28,599 03300 0 and B 08 35 00:02:25,599 --> 00:02:28,599 51024203 36 00:02:31,680 --> 00:02:40,319 400 0 from pedestrian residential to medium 37 00:02:37,599 --> 00:02:45,519 density residential R2 zoning classification. James Smith is the 38 00:02:42,640 --> 00:02:50,480 applicant and property owner. Uh just wanted to read this quickly uh 39 00:02:48,640 --> 00:02:54,720 from the city here. Uh the purpose of the public hearing a public hearing is a 40 00:02:53,040 --> 00:02:59,760 meeting that provides the opportunity for public discussion regarding 41 00:02:56,560 --> 00:03:06,400 petitions for reasonzoning, annexation, variance and special use. Today the 42 00:03:02,800 --> 00:03:10,720 issue is uh as we just read uh interested parties may express their 43 00:03:08,480 --> 00:03:15,280 views and submit evidence supporting those views at the public hearing. The 44 00:03:13,120 --> 00:03:20,080 information shared will become part of the city's permanent record of the 45 00:03:17,280 --> 00:03:24,159 meeting and may be used by the planning commission in forming its conclusions 46 00:03:21,920 --> 00:03:28,959 and making recommendations to the city council. The planning commission is 47 00:03:26,879 --> 00:03:34,000 charged with conducting a fair and impartial factf finding hearing. 48 00:03:31,760 --> 00:03:39,440 Accordingly, commissioners must remain open-minded, objective, and impartial in 49 00:03:37,200 --> 00:03:44,560 considering testimony and forming a decision. Okay? So, there's four parts 50 00:03:42,000 --> 00:03:51,200 to the public hearing. The first is the staff report and then the applicant's 51 00:03:47,280 --> 00:03:56,640 testimony and then public testimony and then finally deliberation by the 52 00:03:53,440 --> 00:04:00,159 commissioners. So with that, Heather, if we could have the staff report, we'd 53 00:03:59,040 --> 00:04:04,000 appreciate it. >> Absolutely. So, of course, the staff 54 00:04:01,840 --> 00:04:07,920 report is part of your packet. Um the applicant, James Smith, is also the 55 00:04:05,920 --> 00:04:12,000 property owner. The reasoning request is for pedestrian residential to be changed 56 00:04:10,159 --> 00:04:16,880 to R2 [clears throat] medium density residential at 903 North Main Street, 57 00:04:14,480 --> 00:04:24,960 which is comprised of two parcels. One parcel is 48 ft by 150 ft. Um then the 58 00:04:20,720 --> 00:04:28,800 other one is 24 ft by 150 ft. All the procedural requirements for the 59 00:04:26,560 --> 00:04:34,560 hearing have been met under section 150.111 of the ordinances. That includes 60 00:04:32,160 --> 00:04:38,800 posting a sign on the property along with uh posting in the public hearing in 61 00:04:36,960 --> 00:04:43,040 a newspaper of general circulation and notifying all the adjoining property 62 00:04:40,479 --> 00:04:47,120 owners. The present use of the property, it's been had an existing structure and 63 00:04:44,880 --> 00:04:50,639 a garage that's been vacant per our file for many years. Uh proposed use 64 00:04:49,280 --> 00:04:53,759 according to the application is the property owner would like to use the 65 00:04:51,759 --> 00:04:57,759 structure as a duplex home with an upper and lower unit. Uh as you can tell I 66 00:04:56,320 --> 00:05:02,639 gave you quite a bit of a history that I could find from our records. So we 67 00:05:00,479 --> 00:05:09,120 believe the residence was at least built prior to 1915 since we did find the 68 00:05:05,919 --> 00:05:12,960 dwelling on a January 1915 Sanborn Insurance map. Um, that's a 69 00:05:11,600 --> 00:05:17,039 rabbit hole in itself that I don't need to go much further into, but um, at 70 00:05:14,479 --> 00:05:22,479 least we know it was built prior to 1915 at least. Um, making it at least 111 71 00:05:20,080 --> 00:05:26,080 years old. Uh, still has some historic architectural features left, including 72 00:05:24,080 --> 00:05:31,120 the original foundation and twotory curve bay windows, for example. 73 00:05:28,800 --> 00:05:34,720 According to the application, the under the rationale for the zoning request was 74 00:05:32,880 --> 00:05:39,199 that it has always been used as a duplex. Uh, however, city records 75 00:05:36,960 --> 00:05:45,360 indicate the legal use as a single unit dwelling. And I gave you a memo from the 76 00:05:42,160 --> 00:05:49,120 file titled exhibit C. While it may have been used as a two-unit dwelling in the 77 00:05:47,120 --> 00:05:52,080 past for or for a short time, once the use became a single unit dwelling, it no 78 00:05:50,800 --> 00:05:57,360 longer was considered a legal non-conforming use per the city records. 79 00:05:54,720 --> 00:06:02,560 And I give you a copy of nonconformities section 150.85 through 89 in our zoning 80 00:06:00,320 --> 00:06:05,360 code. Um, we also did some additional research just to make sure we were 81 00:06:03,919 --> 00:06:08,960 crossing all our tees and dotting our eyes. Uh, we looked at the utility 82 00:06:07,440 --> 00:06:13,680 business office, the utility accounts. there is only one electric meter and one 83 00:06:10,880 --> 00:06:17,440 water meter to the site. Um we also found a note that the pipes had burst in 84 00:06:15,919 --> 00:06:19,840 2022. Uh we also checked with public works 85 00:06:18,880 --> 00:06:23,680 department and they didn't have any record of it being a duplex. They only 86 00:06:21,520 --> 00:06:27,919 charge for one can there. Normally a duplex will have a can for each unit. Uh 87 00:06:26,639 --> 00:06:31,039 we also looked at the wood county auditor website and found that the 88 00:06:29,600 --> 00:06:37,440 property was used as a single family dwelling for at least property taxation 89 00:06:33,840 --> 00:06:43,120 purposes. Um, again, that letter that I gave you, exhibit C from March 2nd, 90 00:06:40,160 --> 00:06:47,440 1994, gives a pretty in-depth look at the property being used as single unit 91 00:06:44,880 --> 00:06:51,919 dwelling, uh, including mentioning the long-term residents, Clyde and Hazel 92 00:06:49,520 --> 00:06:56,880 Ursel, who lived there at least from the 1920s to 1970s. Uh there also was a note 93 00:06:55,680 --> 00:07:00,479 that they had added a kitchen to the upstairs for visiting relatives and did 94 00:06:58,720 --> 00:07:04,639 rent it for a short time, but didn't really it didn't really appeal to them 95 00:07:02,080 --> 00:07:08,400 to continue to rent after that one time. Again, it's all per that memo I gave 96 00:07:06,400 --> 00:07:13,039 you. Uh we also had another zoning code 97 00:07:10,479 --> 00:07:17,759 enforcement officer later on have a memo in the file that talked about it uh the 98 00:07:15,280 --> 00:07:21,840 property being used as a duplex with a contractor. uh the contractor had been 99 00:07:19,919 --> 00:07:24,479 inquiring about it and our code enforcement officer told them or 100 00:07:23,199 --> 00:07:28,880 reminded them that they could not use a duplex at that point in time and that 101 00:07:25,919 --> 00:07:34,000 was in 2024. Um we also had other documentation in the file uh basically 102 00:07:31,840 --> 00:07:37,759 one zoning permit dated April 28th of 1995 which changed the pitch of the roof 103 00:07:36,160 --> 00:07:41,919 on the detached garage. We gave you a copy of that. Uh we also have a couple 104 00:07:40,479 --> 00:07:45,919 of violation notices from the Wood County Health Department to repair, 105 00:07:43,360 --> 00:07:49,599 replace the deteriorating second level porch and porch roof, including all 106 00:07:47,840 --> 00:07:53,840 structural components, walking services, means of egress, and required protective 107 00:07:52,240 --> 00:07:57,520 railings, handrails to ensure the porch is safe, weather resistant, capable of 108 00:07:55,360 --> 00:08:03,280 supporting normal loads, and provides a safe and unobstructed means of egress in 109 00:08:00,400 --> 00:08:08,639 compliance with sections 400.08 through10. And that's exhibit J. We also 110 00:08:07,039 --> 00:08:13,520 gave you a copy of the current zoning classification of PR. So you can see the 111 00:08:11,120 --> 00:08:17,440 minimum lot depth with front yard setback, sideyard, rear yard, structure 112 00:08:15,120 --> 00:08:22,000 height, lot coverage. And then we gave you a copy of the proposed R2 with the 113 00:08:20,160 --> 00:08:27,360 same zone standards to give you an example. Uh as far as traffic, nothing 114 00:08:24,720 --> 00:08:30,080 would change or has been requested. So nothing [clears throat] needs to be 115 00:08:28,560 --> 00:08:34,159 followed per our access management policies and guidelines. Uh, as far as 116 00:08:32,399 --> 00:08:38,719 public improvements, public utilities are available on Curtis and North Main 117 00:08:36,320 --> 00:08:44,159 Street. Curtis Avenue has electric, a 6-in water line, a 42-in combined sewer. 118 00:08:41,760 --> 00:08:49,440 North Main Street has electric, a 12-in water line, and an 18in combined sewer. 119 00:08:47,519 --> 00:08:55,040 The sidewalk exists along North Main Street frontage, but there is not a 120 00:08:50,880 --> 00:08:59,120 sidewalk along Curtis Avenue. Uh, the next section compares building 121 00:08:57,360 --> 00:09:04,000 and lot standards. So you'll see the main differences between the PR and R2. 122 00:09:01,760 --> 00:09:09,760 There's a minimum lot area of 5,000 square ft in the R2. There is a minimum 123 00:09:07,519 --> 00:09:14,240 lot depth in the existing PR of 100 ft, but there's not a minimum lot depth in 124 00:09:11,600 --> 00:09:19,440 the R2. The front side and rear yard setbacks are the same and the structure 125 00:09:16,160 --> 00:09:25,440 height is 5 ft taller uh would be allowed in the R2. And there is a lower 126 00:09:22,160 --> 00:09:31,200 lot coverage maximum of 65% in the R2 versus 70% maximum in the PR. Also gave 127 00:09:29,360 --> 00:09:36,480 you a comparison of permitted and conditional uses. If you look at PR and 128 00:09:34,240 --> 00:09:42,320 R2, there's really not a whole lot of major differences. So for example, PR 129 00:09:40,160 --> 00:09:46,560 does allow some light commercial uses such as a barber shop, beauty shop, or 130 00:09:44,240 --> 00:09:50,720 day spa which would not be allowed under the R2 zoning according to our 131 00:09:48,560 --> 00:09:54,720 comprehensive use table. Another example, might be kind of odd to point 132 00:09:52,560 --> 00:09:58,320 this out, but a cemetery is allowable conditional use or conditional use in 133 00:09:56,560 --> 00:10:03,839 the R2, but not in the PR. That's another difference. A daycare center is 134 00:10:00,720 --> 00:10:07,920 allowed in PR, but not allowed in R2. Um, another example is a mobile home 135 00:10:05,680 --> 00:10:12,959 park is a conditional use in R2, but not PR. A mortterary or funeral home, 136 00:10:10,640 --> 00:10:18,160 ironically, is allowed a conditional use in PR, but not R2, where you could have 137 00:10:15,360 --> 00:10:24,720 a cemetery. uh professional offices are allowed are permitted in PR but not R2. 138 00:10:22,160 --> 00:10:29,920 Retail services are permitted in PR but not the proposed R2. And um the main 139 00:10:28,560 --> 00:10:34,800 difference that we're discussing would be the allowable use of a two-unit 140 00:10:32,320 --> 00:10:39,279 dwelling in R2 which is not allowed in the pedestrian residential. However, you 141 00:10:36,720 --> 00:10:43,360 could have an accessory dwelling unit um in the PR, but it would have to follow 142 00:10:40,800 --> 00:10:47,519 those specific um conditions within our zoning code. So, as far as adjacent 143 00:10:45,680 --> 00:10:53,200 zoning, we've got that up on the screen and also a map in your packet, but to 144 00:10:50,399 --> 00:10:57,920 the north is zone PR, residential, and a little bit further northwest is mixeduse 145 00:10:55,680 --> 00:11:02,560 neighborhood zoning with residential and commercial uses. To the east is zone PR, 146 00:11:00,800 --> 00:11:07,200 and a little bit further northeast is zoned, again, that mixeduse neighborhood 147 00:11:05,040 --> 00:11:12,399 with some residential uses in a hair salon. To the south is zone PR 148 00:11:09,680 --> 00:11:17,839 residential uses and to the west is zone PR mostly residential uses and further 149 00:11:14,720 --> 00:11:21,760 northwest is another um MUN zoning mixeduse neighborhood. So the staff 150 00:11:20,079 --> 00:11:27,440 recommendation is neutral for this request for many reasons that um I tried 151 00:11:24,880 --> 00:11:31,920 to cover by going into sections. So first I review the future land use plan 152 00:11:29,600 --> 00:11:36,720 and then the future land use map. Then the next section I look at the community 153 00:11:33,519 --> 00:11:43,680 action plan and then um I basically summarize the staff report with pictures 154 00:11:39,279 --> 00:11:48,160 and um references to the exhibits. So if we look at our seven principles 155 00:11:46,399 --> 00:11:51,839 when you look at these I figured there's at least five of the principles that do 156 00:11:50,079 --> 00:11:56,160 get covered by this request out of the seven. So you know that's that's 157 00:11:53,920 --> 00:12:00,079 positive when it comes to highly livable urban form that creates preserves a 158 00:11:57,839 --> 00:12:03,519 community. and we looked at local flavor and 159 00:12:01,920 --> 00:12:06,399 character. It's very walkable and adjacent to the downtown, which of 160 00:12:04,880 --> 00:12:11,360 course we want more people to support our downtown and um the great market we 161 00:12:09,200 --> 00:12:16,720 have there that uh really needs that small local support. Uh broad housing 162 00:12:14,320 --> 00:12:20,480 spectrum, good neighbor neighborhoods, and easy access to health and fitness. 163 00:12:18,320 --> 00:12:25,920 It's a very walkable neighborhood u very close again to downtown city park, even 164 00:12:22,560 --> 00:12:29,519 Ridge Park, Worster Green. For the next section, we look at 165 00:12:27,680 --> 00:12:34,880 applying the action items of the future land use plan under the priority area 166 00:12:32,399 --> 00:12:41,920 northeast sub area. This area is shown on the map and the goals of this area it 167 00:12:38,240 --> 00:12:45,440 says is in addition to tree proposed there's also ADUs on alleys as a 168 00:12:44,000 --> 00:12:48,399 recommendation which you know our zoning code again as I mentioned already allows 169 00:12:46,880 --> 00:12:54,079 accessory dwelling units as long as they meet the conditions. Um, also on the 170 00:12:51,440 --> 00:12:57,680 future land use map, the area is uh the color orange, which is which is 171 00:12:55,760 --> 00:13:02,959 recommended as traditional residential with retail permissions. And that's on 172 00:13:00,079 --> 00:13:08,399 pages 47 through 48 of the land use plan. And also under that map section, 173 00:13:06,079 --> 00:13:12,240 there's principles, priorities, and fit. And it's under number one mentions 174 00:13:10,560 --> 00:13:16,639 Bowling Green has concluded the traditional urban core, urban core in 175 00:13:14,399 --> 00:13:19,639 orange should be the primary focus of redevelopment. 176 00:13:19,920 --> 00:13:26,399 Uh section three, we review the community action plan which was 177 00:13:23,200 --> 00:13:31,120 completed in 2018. And this area fits into priority three, single family 178 00:13:28,560 --> 00:13:35,440 reinvestment areas. And the color on that map is yellow, which calls for 179 00:13:32,959 --> 00:13:40,880 lower density residential. And again, that's covered on pages 6 and 38 of the 180 00:13:38,320 --> 00:13:46,160 community action plan. Um the other priorities of priority 3 or excuse me 181 00:13:43,519 --> 00:13:50,079 strategies that they encourage are renovations, public improvements to 182 00:13:48,320 --> 00:13:54,720 simulate private investment and marketing the uniqueness of these areas 183 00:13:51,839 --> 00:13:58,639 to the broader region. And again this is what the community action plan says 184 00:13:55,920 --> 00:14:02,800 exactly for this area of where this home is. 185 00:14:00,639 --> 00:14:09,839 I gave you a copy too of the preferred plan labeled diagram one. 186 00:14:07,360 --> 00:14:13,279 So in summary, after reviewing all these various planning documents, it does 187 00:14:11,760 --> 00:14:16,399 support the future land use plan intention statement to have a diverse 188 00:14:14,880 --> 00:14:20,800 community of residents, business owners, shopkeepers, students to be economically 189 00:14:18,720 --> 00:14:23,519 viable, environmentally sustainable, comprised of households that work 190 00:14:22,079 --> 00:14:27,920 together to steward scarce natural resources and neighborhoods to be 191 00:14:25,199 --> 00:14:32,160 walkable, safe, and vibrant. Um, supports the five of the seven 192 00:14:29,440 --> 00:14:35,920 principles. does not necessarily support the future land use map as traditional 193 00:14:34,320 --> 00:14:39,920 residential with retail perm permissions. Since I mentioned that PR 194 00:14:38,160 --> 00:14:44,240 does allow the retail permissions, whereas the R2 would not allow any of 195 00:14:41,920 --> 00:14:47,839 those retail permissions except a home occupation. Obviously, you could be a 196 00:14:45,839 --> 00:14:53,600 lawyer at your house and and that would be um allowed to be doing that. um 197 00:14:51,199 --> 00:14:56,800 unclear if it supports the low density recommendation of the community action 198 00:14:54,880 --> 00:15:01,199 plan since that's a bit subjective to say a one family versus a two family is 199 00:14:59,600 --> 00:15:04,320 lower density. I mean I personally consider it lower density but other 200 00:15:02,880 --> 00:15:09,120 people may not consider that lower density. So I want to just recognize 201 00:15:06,000 --> 00:15:12,720 that that's really subjective. Um however the rehabilitation of this 202 00:15:11,120 --> 00:15:17,120 building does meet the primary focus area of redevelopment in the CAP which 203 00:15:14,560 --> 00:15:21,199 is around the urban core of the city. This would preserve a historic structure 204 00:15:19,120 --> 00:15:26,560 and that's by definition. Our historic structure is defined as 50 years or 205 00:15:23,279 --> 00:15:31,360 older and having architectural features that are historic and having residents 206 00:15:29,199 --> 00:15:36,160 that have potentially submitted to or been part of our culture, our past 207 00:15:32,880 --> 00:15:40,639 history. Um, also under chapter 158 of our historic architectural preservation 208 00:15:38,000 --> 00:15:44,079 code, which encourages the saving of resources and this is better for the 209 00:15:42,639 --> 00:15:46,959 environment, avoiding the landfill debris and costs along with the embodied 210 00:15:45,760 --> 00:15:52,240 energy of those who built the structure at least 111 years ago and would add 211 00:15:49,440 --> 00:15:56,240 much needed housing. However, there is not any R2 zoning near this property, so 212 00:15:54,320 --> 00:15:59,600 this could be considered spot zoning. However, there are other legal 213 00:15:57,440 --> 00:16:03,199 non-conforming uses, two-unit dwellings, three-unit dwellings, and apartments 214 00:16:01,120 --> 00:16:08,720 along North Main Street between Poe and Clay, and we have highlighted those in 215 00:16:05,440 --> 00:16:13,279 exhibit K of your packet, at least 16 that we counted on the list that we gave 216 00:16:11,120 --> 00:16:16,959 you. Uh, as a reminder, this is a recommendation to city council, so 217 00:16:15,360 --> 00:16:22,000 they're still required to also hold a public hearing. Uh, to finish my report, 218 00:16:19,759 --> 00:16:26,800 I also give you several pictures of the property, front, back, and sides, and 219 00:16:24,079 --> 00:16:30,160 the detached building. uh using pictometry, we give you some 220 00:16:28,639 --> 00:16:34,800 different aerial views of the prop property that you can see along Curtis 221 00:16:32,480 --> 00:16:39,360 and Main Street, a copy of the application and also all the other 222 00:16:37,199 --> 00:16:42,959 exhibits that were mentioned in the report. 223 00:16:41,279 --> 00:16:46,639 So hopefully I covered all you wanted to and maybe even too much. Um but I'm 224 00:16:45,120 --> 00:16:51,240 happy to answer any questions you may have about the report or anything else. 225 00:16:51,331 --> 00:16:58,320 [clears throat] >> Are there any questions? 226 00:16:55,680 --> 00:17:01,519 I have one. So, um, will the structure be maintained? 227 00:16:59,759 --> 00:17:04,000 » Can you talk in the microphone? Sorry. >> Will the structure of the building be 228 00:17:02,959 --> 00:17:08,720 maintained? >> Um, I believe so, but I believe that 229 00:17:06,319 --> 00:17:12,919 would be a better um question for the applicant who is here. 230 00:17:09,919 --> 00:17:12,919 » Okay. 231 00:17:13,120 --> 00:17:20,799 Any other questions? Thank you, Heather. Appreciate that. So, 232 00:17:18,959 --> 00:17:26,520 now we'll hear testimony from the applicant. Is Mr. representative here, 233 00:17:23,520 --> 00:17:26,520 please. 234 00:17:31,360 --> 00:17:39,200 » Good evening. I'm AJ Smith. I am uh son of Jim Patith who own the property. 235 00:17:37,760 --> 00:17:44,320 » I guess I'll start from the beginning. Uh this was owned by my grandparents who 236 00:17:41,039 --> 00:17:48,960 owned Al Smith Chrysler. Um to address the duplex part, the reason my grandpa 237 00:17:47,120 --> 00:17:53,760 was a car person, not a real estate person. He owned the brick house next to 238 00:17:51,520 --> 00:17:57,760 it, which I've lived into. Great house. The home uh that Lee lives in in the 239 00:17:55,840 --> 00:18:03,039 middle, and then this white house and the stone house behind it. He tried 240 00:18:00,400 --> 00:18:08,799 several times in the '9s with probably this council to tear down those houses 241 00:18:05,600 --> 00:18:13,120 and put a new dealership there. That was his dream. That's why he wasn't a real 242 00:18:11,679 --> 00:18:17,679 estate guy. That's why he never did the duplex. He bought those houses to tear 243 00:18:15,360 --> 00:18:20,720 them down to build a new duplex or I mean a new dealership. That's why I did 244 00:18:19,200 --> 00:18:26,160 it. As far as I lived there, it was a duplex 245 00:18:24,000 --> 00:18:30,559 from the late 90s to the early 2000s. My sisters lived there during college. It 246 00:18:27,679 --> 00:18:36,000 was a duplex. Uh after that, uh my grandparents got old, they let uh my 247 00:18:34,160 --> 00:18:39,840 cousin stay there for free who used it as just a one house. And then when his 248 00:18:38,480 --> 00:18:43,840 brother wanted to move in there, it was back to a duplex, an upper and a lower. 249 00:18:42,160 --> 00:18:48,000 uh it has sat vacant for a long time because when they passed away in 2012 250 00:18:45,919 --> 00:18:52,160 and went to a trust with multiple people and we all know how that goes. Nobody 251 00:18:49,679 --> 00:18:59,200 wants to put money into a place when not one person owns it. So my parents did 252 00:18:55,280 --> 00:19:03,200 get control I think 2021 or 2022 but by this time they're in their 80s and 253 00:19:00,559 --> 00:19:07,760 they're car people too. Um and they didn't know what to do with it and so 254 00:19:04,880 --> 00:19:12,240 they asked for my help so here I am. Um, it has a bathroom upstairs, a kitchen 255 00:19:10,559 --> 00:19:15,919 upstairs, a separate entrance from the front upstairs. That's how we always 256 00:19:13,679 --> 00:19:21,200 used it. One door that's locked from the inside separates the other side. The 257 00:19:19,120 --> 00:19:25,600 bottom unit, you walk in from the back and it's there. There's nine parking 258 00:19:23,039 --> 00:19:30,559 spots, four in the driveway, two in the uh garage, and three along the side. So, 259 00:19:28,160 --> 00:19:34,080 there's ample parking. And if this were to stay as a single residence, there's 260 00:19:32,000 --> 00:19:37,679 six to seven bedrooms anyways in this house. So there isn't going to be a big 261 00:19:36,320 --> 00:19:43,440 difference as far as the number of people living in this place. Really none 262 00:19:40,480 --> 00:19:48,320 that I can tell. Then I would go to if you go from this building down to PO 263 00:19:46,080 --> 00:19:57,120 which is about five blocks. There is over 20 multi-unit places including five 264 00:19:53,200 --> 00:20:00,720 1 to 19 unit and up to six offices with apartments above it. They don't list how 265 00:19:58,640 --> 00:20:05,360 many there are. That's just on Main Street. If I were to take my time and go 266 00:20:03,440 --> 00:20:09,039 from Main Street to Grove, I'd probably more than double that number. So, this 267 00:20:07,120 --> 00:20:13,360 is not unusual. This is a rental neighborhood. I live three blocks away, 268 00:20:11,520 --> 00:20:17,840 one house in from Main Street. And there's an old classic house next to me 269 00:20:15,600 --> 00:20:23,600 that is a three-bedroom place, and I'm fine. I know what neighborhood I live 270 00:20:19,919 --> 00:20:29,200 in. Two houses down from this was an old high school classmate. It's been listed 271 00:20:25,840 --> 00:20:34,159 for rent by New Love. So, this is a rental neighborhood. That's what this 272 00:20:30,960 --> 00:20:37,280 is. So, I would go there as well. Finally, 273 00:20:35,679 --> 00:20:41,600 there's no classic features on this house. I'm not going to tear down 274 00:20:39,840 --> 00:20:45,039 anything. I'm going to completely redo it with the help of my family. We're 275 00:20:42,960 --> 00:20:51,679 going to put new windows in, new duck work, new kitchens, new bathrooms, split 276 00:20:49,039 --> 00:20:56,080 the lines, everything. When my grandparents did leases, I can't find 277 00:20:53,600 --> 00:21:02,000 them. So, I can't give you any leases. That was well over 30 years ago. So, I 278 00:20:59,520 --> 00:21:05,280 don't have that for you. But again, I don't know of a 100-y old home with 279 00:21:03,760 --> 00:21:08,159 separate entrances with a kitchen upstairs, a kitchen downstairs, a 280 00:21:06,880 --> 00:21:12,640 bathroom up, and a bathroom down that are separated. I've never seen it, and 281 00:21:10,080 --> 00:21:16,480 I'm in real estate. So, I've never seen that at all. And then my last point 282 00:21:15,039 --> 00:21:22,159 would be that there's precedent for this. Within the last two years, uh 416 283 00:21:19,760 --> 00:21:28,240 West Worster, right next to Dun is a much more classic home. Uh actually it's 284 00:21:26,640 --> 00:21:32,159 in the the twob block radius which I would call as a lifelong resident the 285 00:21:30,000 --> 00:21:38,080 the most historical neighborhood in in the town and it was uh allowed and it 286 00:21:35,919 --> 00:21:42,559 has sat and hasn't been worked on and it's still vacant. That won't happen 287 00:21:39,760 --> 00:21:46,799 with this house. We will get it done but we want to do it the right way. We want 288 00:21:44,640 --> 00:21:52,000 to split the lines. And then the last point I would say is I'm in real estate. 289 00:21:48,960 --> 00:21:56,720 There is many homes in this city that are duplexes that don't have the their 290 00:21:54,559 --> 00:22:02,880 utility split. Many. I'm not going to go through and name them, but there's many. 291 00:21:59,679 --> 00:22:07,280 So, uh, in the end, I'm not changing what this place was uh used as. I'm not 292 00:22:05,440 --> 00:22:10,720 adding a bunch of walls. I'm not tearing into a bunch of stuff. In fact, I'm 293 00:22:09,039 --> 00:22:15,120 going to put well over $100,000 into this, which will increase all the 294 00:22:12,320 --> 00:22:17,679 neighborhoods value. So, I would think that would be something that they would 295 00:22:16,159 --> 00:22:22,240 like and I would think it would be something the city would like cuz I just 296 00:22:20,960 --> 00:22:25,600 think that's what the city needs. People that actually take care of their stuff 297 00:22:23,600 --> 00:22:30,840 and redo it. So, I thank you for your time. 298 00:22:26,720 --> 00:22:30,840 » Thank you. Are there any questions? 299 00:22:31,760 --> 00:22:36,000 None. Thank you very much. Appreciate it. 300 00:22:33,919 --> 00:22:39,140 » Yep. >> Okay. At this point, we'll hear 301 00:22:37,360 --> 00:22:42,400 testimony from the public. Any [clears throat] uh member of the public 302 00:22:40,640 --> 00:22:46,960 who'd like to address the commission may come forward at this time. Please come 303 00:22:44,799 --> 00:22:51,200 to the microphone at the podium and state your name and address for the 304 00:22:48,640 --> 00:22:55,200 record and uh please spell your last name. 305 00:22:53,360 --> 00:22:58,200 Any volunteers? Anyone who wants to speak? 306 00:22:59,039 --> 00:23:03,840 » Howdy. >> I wrote things down because I'm a little 307 00:23:02,240 --> 00:23:11,440 nervous. My name is Lee Liatru. L I E B E T R E 308 00:23:08,159 --> 00:23:15,679 U. I live at 909 North Main Street, the house just north of the property that 309 00:23:13,440 --> 00:23:20,000 we're discussing. I'm here tonight to respectfully ask 310 00:23:17,520 --> 00:23:24,159 that you deny the request. I'm not opposed to development or 311 00:23:22,400 --> 00:23:29,360 anybody improving their properties. In fact, I've spent years doing that. Every 312 00:23:26,159 --> 00:23:34,960 dime I have has gone into the house that I live in. 313 00:23:31,440 --> 00:23:41,280 Something needs repair, I repair it. This was once a beautiful old majestic 314 00:23:37,039 --> 00:23:45,919 Victorian home that has deteriorated. It's been empty for about 10 years. It 315 00:23:43,840 --> 00:23:50,799 was used as a single family home before that. I mean, it literally has gardens 316 00:23:48,640 --> 00:23:57,360 growing in the gutters. So, to think that he's going to start taking care of 317 00:23:52,640 --> 00:24:02,240 it now when he hasn't in the past is a little surprising to me. He's talked to 318 00:24:00,000 --> 00:24:06,720 me. He actually showed me the property last year with some of his ideas with 319 00:24:04,960 --> 00:24:10,240 four bedrooms upstairs and four downstairs. 320 00:24:08,240 --> 00:24:15,840 And um I don't want beer pong on the front 321 00:24:13,360 --> 00:24:20,640 yard. I don't want cornhole being played next to me 322 00:24:17,840 --> 00:24:26,000 and that's all I see going into there. $100,000. 323 00:24:22,320 --> 00:24:30,640 It could probably use at least 150. He talked about a kitchen being 324 00:24:28,400 --> 00:24:35,679 upstairs. It's plumbed for a kitchen. There is no kitchen up there. There's 325 00:24:33,760 --> 00:24:41,440 five bedrooms upstairs. There's no bedrooms downstairs. So, I don't know 326 00:24:37,440 --> 00:24:45,360 where the seven came from either. And I don't understand where the parking would 327 00:24:42,799 --> 00:24:52,480 be. There's There is a twocar garage that's filled. I I don't know how that 328 00:24:48,400 --> 00:24:57,919 would work with a twocar garage and then more parking behind it. That's all there 329 00:24:55,200 --> 00:25:01,960 is. So, I I see parking for possibly four cars at the most. 330 00:25:02,320 --> 00:25:09,279 I would like to think that my quality of life means something to y'all. Also, 331 00:25:07,279 --> 00:25:13,919 with as much money as I've put into my home, we've all made significant 332 00:25:11,600 --> 00:25:17,600 investments. We we maintain them. We repair them. We improve them. We do that 333 00:25:16,400 --> 00:25:21,582 with the understanding that the residential character of our 334 00:25:18,880 --> 00:25:24,640 neighborhood matters. [snorts] 335 00:25:22,159 --> 00:25:29,760 by if restoring this property to a single family home is too much for the 336 00:25:27,919 --> 00:25:34,400 current owners, then I would ask that they sell it and let somebody else move 337 00:25:32,000 --> 00:25:40,400 in there that can that can manage all of the repairs that it's going to need. 338 00:25:38,720 --> 00:25:44,480 If the zoning is changed to accommodate an eight-bedroom use with inadequate 339 00:25:42,240 --> 00:25:48,240 parking, the burden of that decision, excuse me, falls not only on the 340 00:25:46,080 --> 00:25:52,559 property owner, it falls on every one of the neighbors that's invested their time 341 00:25:50,240 --> 00:25:57,760 and money and life into maintaining their home. I respectfully ask the city 342 00:25:55,360 --> 00:26:04,159 council consider us too and that you deny the petition. Thank you. 343 00:26:01,440 --> 00:26:09,840 » Thank you. >> Is there anyone else who'd like to uh 344 00:26:07,120 --> 00:26:13,440 address respond to that real quick. >> I think it's insulting. 345 00:26:11,679 --> 00:26:19,720 » Can you come to the mic to me? >> I'm I'm sorry, Mr. Smith, if you could 346 00:26:15,679 --> 00:26:19,720 come back to the podium, please. 347 00:26:23,440 --> 00:26:29,760 » I think it's insulting to insinuate that college students are bad renters and 348 00:26:27,760 --> 00:26:34,320 that I'm going or my family's only going to rent to college students. I have 349 00:26:31,200 --> 00:26:39,039 plenty of properties in town and more than half of them I probably put at 70% 350 00:26:36,960 --> 00:26:44,360 are to regular people, not college students. But again, I I think that's 351 00:26:41,360 --> 00:26:44,360 insulting. 352 00:26:44,720 --> 00:26:51,373 Is there anyone else who would like to address the commission? 353 00:26:49,353 --> 00:26:51,373 [clears throat and cough] 354 00:26:55,919 --> 00:27:07,840 » Good evening. Um I'm Sheri Layman. I live at 136 Curtis Avenue and my name is 355 00:27:02,640 --> 00:27:11,919 spelled l a y m an not like the street. Um 356 00:27:09,520 --> 00:27:17,039 we have rental properties on our street and I'm fine with having rental 357 00:27:13,760 --> 00:27:23,840 properties on our street as long as they take care, mow the grass, shovel the 358 00:27:20,640 --> 00:27:31,679 snow, you know, do all the things. My concern about this house is parking is 359 00:27:27,039 --> 00:27:38,400 tight on our street. It's not really a you can't park up by Main Street. There 360 00:27:35,039 --> 00:27:44,799 is a twocar driveway and a twocar garage, but I'm worried about spillover 361 00:27:41,600 --> 00:27:51,360 parking creeping down the street. And when we have guests or relatives over, 362 00:27:48,720 --> 00:27:58,640 my driveway can accommodate some but not all of them. And so that's a major 363 00:27:54,080 --> 00:28:02,720 concern um to me. The property as vacant, 364 00:28:00,240 --> 00:28:07,120 yeah, it's kind of dilapidated, but the grass is mowed and you know those kind 365 00:28:04,880 --> 00:28:14,080 of things. So I don't have an issue with that. But I have an issue with more 366 00:28:10,240 --> 00:28:18,960 rentals on an already crowded street when parking is at a premium already. 367 00:28:18,399 --> 00:28:24,960 » Thank you. >> M Let me ask you a question. I I'm 368 00:28:21,679 --> 00:28:28,640 wanted to clarify the parking situation >> because I'm hearing different things. 369 00:28:26,880 --> 00:28:32,480 There's they can park two cars in the garage, right? Yeah. 370 00:28:29,679 --> 00:28:35,840 » And then the the other two are just the entrance to the garage in the driveway 371 00:28:34,399 --> 00:28:38,480 entering the garage. >> Yes. 372 00:28:36,559 --> 00:28:42,559 » How about And then along Curtis Avenue. Is there parking along there? 373 00:28:40,399 --> 00:28:47,760 » Well, you have Main Street and you can't park up by the stop sign. So, it would 374 00:28:45,440 --> 00:28:50,640 be [clears throat and cough] >> the garage. 375 00:28:48,399 --> 00:28:57,840 » Past the garage. Is that right? Yeah. >> Pass past the past the um alley. 376 00:28:55,279 --> 00:29:02,640 » Okay. Any additional parking would be past this properties 377 00:29:01,120 --> 00:29:04,000 » border. >> Yes. 378 00:29:03,360 --> 00:29:05,520 » Okay. >> Okay. 379 00:29:04,480 --> 00:29:08,760 » Thank you. >> Thank you. 380 00:29:14,559 --> 00:29:20,399 » You're going to have to excuse me because I don't speak well in front of 381 00:29:18,240 --> 00:29:23,200 people. But I did want to come here tonight. Uh, I've known Lee for a very 382 00:29:22,720 --> 00:29:26,399 long time. >> Excuse me, ma'am. Please. 383 00:29:24,640 --> 00:29:32,480 » Oh, I'm so sorry. My name is Sean Reeves, 324 Sunrise Drive. Reeves. Re ee 384 00:29:31,440 --> 00:29:35,840 ves. >> Thank you. 385 00:29:33,520 --> 00:29:39,840 » Um, so I've known Lee for a very long time. She's always lived in that house. 386 00:29:37,679 --> 00:29:44,080 We've known each other about 12 years. I've never known the house to really be 387 00:29:42,480 --> 00:29:51,120 vacant enough for me to pay attention to. And they also own the beautiful like 388 00:29:48,640 --> 00:30:00,000 Snow White cottage in the back too. It's just begging to be redone. Um I myself 389 00:29:56,159 --> 00:30:05,279 purchased the Lincoln house and it was a college party house basically. Uh I 390 00:30:03,360 --> 00:30:10,559 attempted to turn it into the town's first historical bed and breakfast but I 391 00:30:07,760 --> 00:30:17,200 ran out of money. And [sighs] uh I will tell you when you're driving 392 00:30:13,679 --> 00:30:22,320 through town on the north end of town, it has a different vibe. 393 00:30:19,840 --> 00:30:28,640 When you reach south of the businesses and stuff, it has a different vibe. And 394 00:30:25,600 --> 00:30:34,159 the difference to me there is the college students. And I understand how 395 00:30:31,520 --> 00:30:38,720 important they are to our community. However, 396 00:30:35,760 --> 00:30:44,320 I don't want North Main Street to start looking like South Main Street, and this 397 00:30:41,360 --> 00:30:49,200 is where it starts. I did offer to purchase that home. I was given the 398 00:30:46,720 --> 00:30:54,960 price of $200,000, to which I declined. Um, 399 00:30:52,720 --> 00:31:01,000 I think that it should remain a single family home. Thank you. 400 00:30:57,760 --> 00:31:01,000 » Thank you. 401 00:31:02,880 --> 00:31:06,679 Is there anyone else? 402 00:31:09,120 --> 00:31:18,799 » Hello, my name is Felicia Boyd. I live at Oh, sorry. B O Y D. I live at 823 403 00:31:16,640 --> 00:31:23,039 North Main Street. So, the house on the other side of Curtis, but still next to 404 00:31:20,960 --> 00:31:25,600 this property. And I had to bring my notes, too, 405 00:31:24,399 --> 00:31:30,480 because I don't remember everything well. 406 00:31:28,320 --> 00:31:33,840 So, I am asking the commission to carefully consider the proposed resoning 407 00:31:32,320 --> 00:31:37,840 of this property from pedestrian residential to medium density. My 408 00:31:36,240 --> 00:31:42,480 concern is not necessarily about renters. I do know that we have renters 409 00:31:40,399 --> 00:31:48,080 um along Curtis and also actually right next door to me. Um I just met my new 410 00:31:44,880 --> 00:31:51,679 neighbor. She's lovely. Um I'm not really concerned about who may 411 00:31:50,000 --> 00:31:55,760 ultimately live there. My concern is more about the change in density and how 412 00:31:53,600 --> 00:31:59,279 that change would affect the existing residential neighborhood and the 413 00:31:57,039 --> 00:32:04,559 properties immediately surrounding it. Um much like others have said, it is 414 00:32:01,840 --> 00:32:08,799 somewhat of already congested street. Um since I live right on the corner with 415 00:32:06,159 --> 00:32:13,519 this property, I do often see that if if there is anyone parked where you're 416 00:32:10,640 --> 00:32:18,480 allowed after the yellow line, um traffic coming in and coming out, it can 417 00:32:15,519 --> 00:32:22,240 get a little bit congested at times. Um especially when we have, you know, our 418 00:32:20,399 --> 00:32:24,640 community events like Black Swamp, people they park, they walk. Um 419 00:32:24,062 --> 00:32:30,399 [clears throat] but it's aside from those times of the 420 00:32:27,600 --> 00:32:33,919 year, it is already pretty congested. Um we do tend to notice when there's a lot 421 00:32:32,399 --> 00:32:38,080 of parking on our street when we try to back out of our driveway since some of 422 00:32:35,600 --> 00:32:42,799 the parking is right at the end of ours. Um 423 00:32:39,600 --> 00:32:47,679 there would be possibly um substantially more vehicles, parking demand, traffic, 424 00:32:45,279 --> 00:32:51,440 noise, activity, and then reduced privacy for those of us who live 425 00:32:49,279 --> 00:32:54,720 directly around that property. I respectfully ask the commission to 426 00:32:53,039 --> 00:32:58,080 carefully consider the impact this change would have on the surrounding 427 00:32:56,080 --> 00:33:02,799 homeowners and renters and their quality of life and to please deny the resoning 428 00:33:00,320 --> 00:33:06,039 request. Thank you. >> Thank you. 429 00:33:15,440 --> 00:33:26,000 Good evening. My name is Tom Kiger, Ki Ger. I live at 148 Curtis. That's four 430 00:33:22,799 --> 00:33:30,320 houses down from the subject property. Uh, 431 00:33:28,240 --> 00:33:35,519 first of all, I'd like to provide some additional information that the city 432 00:33:32,559 --> 00:33:41,200 maybe doesn't have. I was over at the county courthouse. According to the 433 00:33:37,840 --> 00:33:47,600 auditor's department, the house in question was built in 1900. 434 00:33:44,720 --> 00:33:52,720 I went over to the public library. I went through the city directories 435 00:33:50,159 --> 00:33:56,440 from 1897 to 2025. 436 00:33:57,200 --> 00:34:05,519 They're not sequential, but there's a couple or three years between 437 00:34:03,039 --> 00:34:10,240 each volume. In 1947 438 00:34:07,440 --> 00:34:16,560 and in 1949, there was a listing for a 9003 12 North 439 00:34:14,399 --> 00:34:23,200 Main Street. That suggests to me that in those dates 440 00:34:19,440 --> 00:34:32,839 there was in fact a duplex there that supports the uh information 441 00:34:27,440 --> 00:34:32,839 that is in the memorandum to the city 442 00:34:32,960 --> 00:34:43,599 paragraph 5. Uh further on in 1980 443 00:34:40,720 --> 00:34:49,440 82 and 84 uh Mrs. Ursel who lived there at the 444 00:34:45,760 --> 00:34:56,000 time. Mrs. Hazel Ursel had a had a roommate uh Rebecca Pringle 445 00:34:52,720 --> 00:35:01,119 who was taking care of her. Uh she was also listed 446 00:34:58,000 --> 00:35:08,000 in those directories and that would help substantiate the information in in 447 00:35:03,440 --> 00:35:13,040 paragraph six of the city's memorandum. Uh 448 00:35:10,320 --> 00:35:20,400 I mentioned the house is built in according to the county 1900. 449 00:35:16,800 --> 00:35:25,359 If you look at uh your handout, the handout that was 450 00:35:22,240 --> 00:35:32,800 provided to us on page 25, you basically see the south side of the 451 00:35:28,320 --> 00:35:36,880 house looking northeast. And you can see there's the stub of a little side porch 452 00:35:35,280 --> 00:35:42,560 there. Uh historically that was part of a much 453 00:35:39,520 --> 00:35:47,200 larger wraparound porch that went from the side around to the front and that 454 00:35:45,280 --> 00:35:52,760 was a piece of historic architecture that's already been removed from the 455 00:35:49,200 --> 00:35:52,760 house. Unfortunately, 456 00:35:53,359 --> 00:36:01,119 if you also look in your packet on page 28, 457 00:35:59,599 --> 00:36:04,119 you'll see a picture of the two-car garage. 458 00:36:04,160 --> 00:36:11,920 And it's been stated that you could park two cars in the garage and you could 459 00:36:09,119 --> 00:36:16,160 park two cars in the in the driveway. Well, that's true. You could park 460 00:36:14,560 --> 00:36:21,119 vehicles, but you can't get them out, 461 00:36:18,800 --> 00:36:25,440 right? You can't get the two cars out of the garage because you got two cars in 462 00:36:22,720 --> 00:36:31,920 the driveway. Uh 463 00:36:27,599 --> 00:36:38,400 earlier this evening, uh I took pictures of typical parking on our street and I 464 00:36:36,079 --> 00:36:43,599 sent them to a couple of members of the committee and I sent them to your 465 00:36:40,480 --> 00:36:51,040 committee president. Uh I didn't know how to get them put up on the screen. Uh 466 00:36:47,760 --> 00:36:54,640 the street was full from my [snorts] house all the way down 467 00:36:52,640 --> 00:36:58,400 to Main Street. We can park on one side of the street. That's fine. We can park 468 00:36:56,400 --> 00:37:02,960 on the north side, but between 469 00:37:01,040 --> 00:37:07,440 driveways, and you know, you have to have a little 470 00:37:05,359 --> 00:37:13,119 yellow space next to your driveway so nobody cut you off access. 471 00:37:10,640 --> 00:37:17,440 The street was full. This wasn't a weekend. This wasn't a 472 00:37:15,200 --> 00:37:22,200 special event. It's just life on Curtis Avenue. 473 00:37:22,480 --> 00:37:31,200 There's been discussion about renting. 474 00:37:29,040 --> 00:37:34,960 Yes, we have rental properties on Curtis Avenue. 475 00:37:33,200 --> 00:37:42,520 Their homes, families live there. [snorts] 476 00:37:38,160 --> 00:37:42,520 Husband and a wife with their kids. 477 00:37:42,560 --> 00:37:49,920 That's a totally different type of rental property 478 00:37:46,800 --> 00:37:55,680 than what might be encountered by a duplex with the potential for four 479 00:37:53,040 --> 00:37:59,920 bedrooms upstairs and four bedrooms downstairs, 480 00:37:57,359 --> 00:38:04,000 which would be allowable under that kind of zoning. 481 00:38:02,079 --> 00:38:07,520 So, that doesn't sound bad, right? Eight people. 482 00:38:05,680 --> 00:38:13,599 But you have to think about it. eight people turns into 16 483 00:38:10,160 --> 00:38:16,400 because we have significant others. You know, the boyfriend or the 484 00:38:14,960 --> 00:38:21,520 girlfriend or the husband or wife are going to come and visit. 485 00:38:18,720 --> 00:38:25,599 Where are they going to park? The street's full. 486 00:38:23,920 --> 00:38:31,520 You can't fit them in the garage. You can't fit them in the driveway. 487 00:38:28,000 --> 00:38:35,359 Yes, there's a alley that runs 488 00:38:33,520 --> 00:38:40,880 just to the west of the property behind the property. Runs for two blocks. It's 489 00:38:38,000 --> 00:38:44,880 a single lane alley. It's paved. There's no parking on the alley. There 490 00:38:42,720 --> 00:38:50,720 isn't enough room. If you parked a car there, your car is going to get hit. 491 00:38:48,240 --> 00:38:54,680 Nobody has talked about snow removal in the winter. 492 00:38:55,440 --> 00:39:03,680 If these alleys are full, where's the snow plow going to go? If the street is 493 00:39:00,480 --> 00:39:07,520 full, we're not going to get our street plowed properly. We're going to have one 494 00:39:05,440 --> 00:39:12,320 lane. It's going to be a mess. 495 00:39:10,320 --> 00:39:18,000 Not to mention, with this house being on the corner, it's going to provide 496 00:39:15,760 --> 00:39:23,520 additional traffic at a corner intersection. 497 00:39:20,800 --> 00:39:28,400 those 8 to 16 people are going to be going in of that out of that property 498 00:39:26,160 --> 00:39:34,119 and that intersection is not designed for that volume of traffic. I'm sorry, 499 00:39:30,640 --> 00:39:34,119 it's just not. 500 00:39:37,040 --> 00:39:44,160 I could provide other information. I believe there are other members of the 501 00:39:42,240 --> 00:39:52,000 neighborhood that that might also speak to this, but in essence, 502 00:39:48,160 --> 00:39:57,520 turning that building into a multifamily duplex does not fit the residential 503 00:39:54,960 --> 00:40:03,760 neighborhood, the family neighborhood that we have. It just doesn't. [snorts] 504 00:40:01,200 --> 00:40:11,040 If we look down to South Maine, we can see numerous old, beautiful homes 505 00:40:09,200 --> 00:40:16,160 that have had this very thing happen to them. And those are certainly not in 506 00:40:14,000 --> 00:40:20,252 keeping with what we want to have down here on Curtis Avenue in the fourth 507 00:40:18,800 --> 00:40:23,839 ward. >> [snorts] 508 00:40:20,400 --> 00:40:29,680 » I would ask for your consideration that you reject this application and 509 00:40:27,200 --> 00:40:36,200 help us keep our neighborhood a nice strong neighborhood. Thank you. 510 00:40:32,880 --> 00:40:36,200 Any questions? 511 00:40:36,320 --> 00:40:40,880 » Nope. Thank you. >> I Excuse me. I do have a question. 512 00:40:39,248 --> 00:40:44,720 [clears throat] Um, so when you did your research, which is very helpful, and you 513 00:40:42,560 --> 00:40:46,800 said there was a 903 and a half. >> Yes, ma'am. 514 00:40:45,359 --> 00:40:50,720 » A couple times. So what you're saying was that was in the past and then since 515 00:40:48,560 --> 00:40:52,560 then it's been a single family. >> Yes, ma'am. 516 00:40:51,359 --> 00:41:00,400 » Okay. Thank you. >> Uh specifically in 1947, 517 00:40:56,933 --> 00:41:06,240 [snorts] uh Clyde and Hazel Ershel lived in 9003 518 00:41:02,240 --> 00:41:14,079 and 9003 and a half was listed as Mrs. Lahi Gmershaw Gomerol. 519 00:41:11,359 --> 00:41:20,400 Uh, and as you know, typically when you go through city directories, if there is 520 00:41:16,560 --> 00:41:26,560 a duplex, it it's always a number and then that number and a half. 521 00:41:22,720 --> 00:41:32,079 » So, I didn't see any place since 1947 or 1949 522 00:41:29,839 --> 00:41:36,680 where the city directory substantiated that it was a duplex. 523 00:41:33,520 --> 00:41:36,680 » Thank you. 524 00:41:40,560 --> 00:41:45,880 Is there anyone else who'd like to address the commission? 525 00:41:48,720 --> 00:42:00,800 » Hello. Uh, my name is Lynn Pearson. Um, P A R S O N. Um, I live at 127 Curtis 526 00:41:56,400 --> 00:42:05,520 Avenue. Um, and I just uh um I share the concerns that my 527 00:42:02,960 --> 00:42:11,440 neighbors have described about the congestion on our street. Um, we only 528 00:42:09,520 --> 00:42:19,599 have parking on one side of the street and if people have guests over or if 529 00:42:15,599 --> 00:42:24,880 there's a party, the street fills up very quickly. Um, I would also like to 530 00:42:22,240 --> 00:42:32,000 say is turning off of Main Street is sometimes really dicey because there is 531 00:42:27,920 --> 00:42:38,400 parking in front of the the the property that we're talking about. And you really 532 00:42:35,280 --> 00:42:44,240 can only go into this one little space and wait for the other car that's 533 00:42:41,040 --> 00:42:50,400 coming off of Curtis to turn into North Main. Um, and people in North Main are 534 00:42:48,560 --> 00:42:56,079 beeping at you [laughter] because you're just having to wait um and kind of 535 00:42:52,960 --> 00:42:59,680 negotiate to let the space open up. And this is a regular occurrence. So, it's 536 00:42:57,920 --> 00:43:06,319 not just um black swamp or not just, you know, 537 00:43:04,640 --> 00:43:13,119 when there are other things going on in the city. Um, I do recognize that 538 00:43:09,200 --> 00:43:19,200 there's a need for um, multi-use properties and I'm a college 539 00:43:16,480 --> 00:43:25,280 professor, so I know my college students need places to live. But in terms of our 540 00:43:22,000 --> 00:43:30,319 street, I just am concerned about the possible congestion, 541 00:43:27,280 --> 00:43:36,079 um, the limited parking spaces that the property has. And so for that reason um 542 00:43:34,160 --> 00:43:42,480 I support what my neighbors have said and ask you to consider carefully the uh 543 00:43:40,079 --> 00:43:45,480 the application and to deny it. Thank you. 544 00:43:46,160 --> 00:43:49,400 » Thank you. 545 00:43:51,440 --> 00:44:00,240 » I I'd like to readress just for one second. I I forgot to submit my my 546 00:43:56,880 --> 00:44:05,920 paperwork, which was the uh directory review with all of the uh [snorts] the 547 00:44:03,040 --> 00:44:11,960 address dates. So, who would I give that to to get into the record? 548 00:44:07,280 --> 00:44:11,960 » Jason, please. Appreciate it. 549 00:44:18,000 --> 00:44:25,280 » Is there anyone else? >> Just a second if you would, Mr. Smith. 550 00:44:23,520 --> 00:44:28,599 Is there anybody else who would like to address us? 551 00:44:28,800 --> 00:44:41,119 » Hello. Uh, my name is Megan McMorris. M C M O R R I S and I live at 821 North 552 00:44:36,800 --> 00:44:45,359 Maine. And um I'm new to this. I'm new to Bowling Green. I've only been here 553 00:44:42,640 --> 00:44:49,680 three weeks and I'm a renter. So, I think I wanted to just pipe up on behalf 554 00:44:47,599 --> 00:44:53,599 of Tom came to my door yesterday and that's when I learned about this. But I 555 00:44:51,119 --> 00:44:58,960 also had seen the sign and I was a little concerned myself. Um I think the 556 00:44:56,640 --> 00:45:03,200 issue isn't owning versus renting. I think we've cleared that up. Um [snorts] 557 00:45:01,680 --> 00:45:07,520 when I first saw the sign, I was a little I was like, "Oh no, could this be 558 00:45:05,839 --> 00:45:12,319 happening again?" You see, I just moved I'm a I'm a native of Bowling Green. 559 00:45:09,200 --> 00:45:16,319 That's why I moved back after 35 years. I just moved from Portland, Oregon, 560 00:45:13,920 --> 00:45:19,680 where I was for 26 years. And [laughter] I thought, "Oh no, could this be 561 00:45:18,319 --> 00:45:24,560 happening in Bowling Green?" Now, granted, there's what I'm talking about. 562 00:45:21,760 --> 00:45:29,280 There's a lot of redevelopment, tearing down places and um multi-use. I lived in 563 00:45:27,680 --> 00:45:33,680 this wonderful neighborhood and I saw it over and over again um in displacement. 564 00:45:31,839 --> 00:45:37,839 Now, that's not happening here, nor am I saying that. And I and I see you out 565 00:45:36,079 --> 00:45:42,319 there working and I'm not trying to rein I don't I'm new to this. I'm just trying 566 00:45:39,280 --> 00:45:46,720 to I just wanted to um say it's not about the renting. I think we've 567 00:45:43,599 --> 00:45:51,119 ascertained that. Um I just feel it's a slippery slope. I I'm not quite certain 568 00:45:49,520 --> 00:45:56,240 about the duplex. If it's simply a duplex, that's fine. Um the four 569 00:45:53,119 --> 00:46:00,480 bedrooms, I I am wondering about the congestion. I love this area and I'm 570 00:45:58,720 --> 00:46:04,079 going to be whether renting or owning for Bowling in Bowling Green for a while 571 00:46:02,079 --> 00:46:12,599 and I'm worried about about my neighbors. Thank you so much. 572 00:46:06,800 --> 00:46:12,599 » Thank you. Is there anyone else? 573 00:46:26,880 --> 00:46:35,680 My name is Tom Knox. I'm speaking as a resident of Bowling Green's fourth ward 574 00:46:33,040 --> 00:46:42,560 for over 50 years. I'm speaking also as the owner of the 575 00:46:39,359 --> 00:46:48,240 late 19th century house recently acquired at auction which is next to my 576 00:46:46,000 --> 00:46:52,640 own. For more than 50 years it was the duplex 577 00:46:51,119 --> 00:46:57,599 rental progressively less well-maintained if at 578 00:46:55,680 --> 00:47:03,520 all [gasps] until it became uninhabited because it 579 00:47:00,560 --> 00:47:11,520 was uninhabitable. Uh if all goes well, it will return as a 580 00:47:07,520 --> 00:47:17,359 single family owner occupied home that fits into its neighborhood 581 00:47:14,319 --> 00:47:25,160 on North Maple Street and be available at a moderate price by 582 00:47:21,680 --> 00:47:25,160 today's standards. 583 00:47:25,440 --> 00:47:32,400 Such an endeavor as this 584 00:47:29,520 --> 00:47:38,480 is a fool's errand, however, if the zoning code does not mean what it says. 585 00:47:36,400 --> 00:47:44,400 Okay. To turn to the case at hand, in a very 586 00:47:41,760 --> 00:47:47,599 few instances, a serious argument can be made for spot zoning. 587 00:47:46,968 --> 00:47:54,079 [gasps] The current appeal for reszoning 588 00:47:50,720 --> 00:48:01,920 of 903 North Main Street from pedestrian residential to R2 is not 589 00:47:58,319 --> 00:48:07,280 one of those cases. Okay. [gasps] Uh the structure is in a series of 590 00:48:05,200 --> 00:48:12,640 blocks on the west side of North Main Street that remain single family homes 591 00:48:10,319 --> 00:48:16,720 or at least retain the appearance of such. 592 00:48:14,240 --> 00:48:22,720 For the most part, they were built in the half century or so before World War 593 00:48:19,040 --> 00:48:28,760 II, and thus they reflect changes in Bowling Green's residential architecture 594 00:48:24,960 --> 00:48:28,760 over several generations. 595 00:48:28,888 --> 00:48:36,160 » [sighs] >> They and 596 00:48:32,240 --> 00:48:43,040 the houses on West Worester are arguably what the public generally can see of 597 00:48:39,280 --> 00:48:46,520 Oldtown Bowling Green outside the business district. 598 00:48:47,200 --> 00:48:57,280 The heart of the application for reasonzoning is a vague and unsupported 599 00:48:52,960 --> 00:49:02,800 assertion that the house has always been used as a duplex 600 00:48:59,839 --> 00:49:11,640 and an unspoken assumption that that justifies a reasonzoning to 601 00:49:06,079 --> 00:49:11,640 bring it in line with the alleged use. 602 00:49:12,640 --> 00:49:23,760 I think even a short glance at what was once one of the grander 603 00:49:19,520 --> 00:49:30,079 houses in Bowling Green suggests that for at least many decades of its 604 00:49:26,000 --> 00:49:37,009 existence, it was never used as a duplex. It functioned instead as a 605 00:49:33,839 --> 00:49:40,400 single family home. >> [gasps] 606 00:49:38,319 --> 00:49:47,599 » The duration of ownership by the applicant's family precludes anything 607 00:49:43,680 --> 00:49:57,119 other than occasional or historically short-term use as a duplex. 608 00:49:52,079 --> 00:50:02,079 And I think uh the planning department can confirm that [sighs and gasps] 609 00:49:59,920 --> 00:50:08,559 the house has been vacant in recent years, not days, not weeks, not months, 610 00:50:06,960 --> 00:50:13,359 years, and during that time it has not been 611 00:50:10,400 --> 00:50:19,599 used as a duplex. Uh a further question, 612 00:50:17,440 --> 00:50:28,099 what exactly does used as a duplex mean and does it 613 00:50:23,920 --> 00:50:36,160 justify a resoning? [gasps] Uh the purpose of the sought 614 00:50:31,119 --> 00:50:44,400 after resoning is to remodel to remodel this house into a duplex. 615 00:50:41,599 --> 00:50:49,280 There are few walls or facilities in the structure that would suggest it was ever 616 00:50:46,880 --> 00:50:53,760 actually duplexed. Observe from the outside, there is 617 00:50:51,200 --> 00:50:58,240 single electrical service and there's nothing to suggest there was ever 618 00:50:55,680 --> 00:51:03,599 anything other than single electrical service. 619 00:51:00,559 --> 00:51:09,119 uh this would account for the stated objective in the application of 620 00:51:07,520 --> 00:51:16,319 remodeling the structure into a duplex and 621 00:51:12,400 --> 00:51:21,920 splitting the lines. The house has clearly suffered neglect 622 00:51:19,040 --> 00:51:27,920 as has an adjoining vacant property owned by the applicant. 623 00:51:24,240 --> 00:51:33,000 But reszoning should not be a reward for vacancy 624 00:51:29,440 --> 00:51:33,000 and owner negligence. 625 00:51:33,040 --> 00:51:42,160 In short, the application for resoning is a self-serving convenience for the 626 00:51:38,720 --> 00:51:47,359 owner, no matter the grievous damage it will do to the adjoining property owner, 627 00:51:44,880 --> 00:51:53,760 the neighborhood, or the integrity of the zoning code. 628 00:51:50,240 --> 00:52:01,200 Moreover, if granted, resoning will repeat a mistake regarding older housing 629 00:51:56,800 --> 00:52:05,599 stock that has been been made many, many, many, too many times in Bowling 630 00:52:03,680 --> 00:52:11,760 Green. As for the applicant, he has and has had 631 00:52:09,280 --> 00:52:18,079 other alternatives that comply with the existing zoning code, and he has chosen 632 00:52:14,880 --> 00:52:21,920 not to take them. Thank you. 633 00:52:19,440 --> 00:52:25,880 Mr. Knox, could you uh for the record state your address, please? 634 00:52:28,240 --> 00:52:33,720 » And his last name. >> I'm not sure. 635 00:52:34,319 --> 00:52:37,480 » I'm sorry. 636 00:52:39,101 --> 00:52:41,121 [clears throat] 637 00:52:42,480 --> 00:52:48,559 » I'm hard of hearing. >> That's fine. No problem. Thank you. Oh, 638 00:52:46,079 --> 00:52:51,599 Mr. Ox, please, if you could, just for the record, state your state your 639 00:52:50,000 --> 00:52:55,440 address. If you could state your address, please for the record. 640 00:52:53,760 --> 00:52:59,359 » Will I state my what for the >> address, please? 641 00:52:56,720 --> 00:53:04,040 » Oh, 217 North Maple Street. >> All right. Thank you very much. 642 00:53:00,559 --> 00:53:04,040 Appreciate that. 643 00:53:07,200 --> 00:53:12,280 Is there anyone else? Yes, ma'am. 644 00:53:18,880 --> 00:53:31,557 My name is Rose Drain and I live at 228 East Court Street. Uh, my last name is 645 00:53:26,400 --> 00:53:31,557 spelled D R A I N. [clears throat] 646 00:53:32,000 --> 00:53:41,200 I am speaking this evening on behalf of the board of directors of BG Save Our 647 00:53:37,920 --> 00:53:45,760 Neighborhoods Group, which requests that the planning commission deny the 648 00:53:43,119 --> 00:53:50,640 application to reszone 903 North Main Street from pedestrian residential to 649 00:53:48,800 --> 00:53:57,359 R2. The 2023 zoning code was adopted to 650 00:53:54,400 --> 00:54:02,240 establish a more consistent, fair, and equitable set of requirements to 651 00:54:00,000 --> 00:54:07,280 accommodate a variety of housing and building needs within the city. Council 652 00:54:04,720 --> 00:54:13,440 and the administration worked hard over many, many months to address the needs 653 00:54:10,400 --> 00:54:18,559 of all areas and neighborhoods while working to preserve Bowling Green's 654 00:54:15,599 --> 00:54:24,160 sense of place. The resulting policy decisions should be respected and upheld 655 00:54:21,440 --> 00:54:31,280 by the planning commission when considering requests for resoning. 656 00:54:28,880 --> 00:54:38,800 During that process of the zoning code rewrite, many citizens of Bowling Green 657 00:54:35,280 --> 00:54:44,720 came together. More than 600 people signed a petition 658 00:54:41,839 --> 00:54:52,079 with the strong view of weighing in on the ordinances that would impact affect 659 00:54:48,880 --> 00:54:57,599 the zoning of what is now the pedestrian residential district. With a strong 660 00:54:54,880 --> 00:55:02,240 united voice, the people asked council and the administration to write zoning 661 00:54:59,920 --> 00:55:07,359 code to address the conversion of single family homes to income producing 662 00:55:04,880 --> 00:55:13,599 multi-unit rentals and the associated loss of owner occupied housing in the 663 00:55:11,520 --> 00:55:19,680 district. Both practices have been identified as 664 00:55:16,640 --> 00:55:25,200 the driving force behind the observed overall loss of economic vitality and 665 00:55:22,480 --> 00:55:33,119 vibrancy in Bowling Green that were detailed in the city's 2014 land use 666 00:55:29,040 --> 00:55:38,960 plan and reiterated in the 2018 community action plan. 667 00:55:36,079 --> 00:55:44,480 residents urged council to curtail these practices in the PR district and create 668 00:55:41,440 --> 00:55:49,839 zoning to improve opportunity for owner occupied residences, support social 669 00:55:47,520 --> 00:55:56,000 cohesion, and preserve historic relevance, local character, and unique 670 00:55:52,880 --> 00:56:01,760 neighborhood qualities. An issue on which residents remained firm was that 671 00:55:59,359 --> 00:56:08,240 additional duplexes should not be permitted in the PR district. On June 672 00:56:05,760 --> 00:56:15,200 12th, 2023 in this room, council agreed with a 673 00:56:11,680 --> 00:56:20,440 unanimous vote to prohibit additional duplexes in the PR district. 674 00:56:20,480 --> 00:56:27,760 It's clear that the property at 903 North Main Street has not been 675 00:56:24,559 --> 00:56:32,939 maintained. Indeed, it's known to have been unoccupied for at least 10 years 676 00:56:30,160 --> 00:56:36,240 and is in need of serious repair. [snorts] 677 00:56:33,520 --> 00:56:41,520 Reszoning this property would undermine the PR district's goal of presuming 678 00:56:38,799 --> 00:56:47,119 preserving opportunities for home ownership by allowing another single 679 00:56:44,559 --> 00:56:52,960 family home to be converted to a two-unit rental property. 680 00:56:50,480 --> 00:56:59,839 Granting the request would also serve to weaken the zoning standards established 681 00:56:55,920 --> 00:57:08,640 for the PR district. when the commission agreed to grant the zoning request um of 682 00:57:04,319 --> 00:57:16,169 Ana Miller to change uh the property uh at West Worcester Street. Um 683 00:57:13,839 --> 00:57:18,960 the planning commission [snorts] 684 00:57:17,479 --> 00:57:27,119 [clears throat] decided that that was an exceptional 685 00:57:23,839 --> 00:57:36,240 case because of the historic nature of the property. um and that because of the 686 00:57:31,680 --> 00:57:44,079 stated use by the um by Ana Miller that it was going to be turned into um higher 687 00:57:40,559 --> 00:57:47,960 quality rentals that would be um an asset to the neighborhood. 688 00:57:48,640 --> 00:57:55,839 Um, [clears throat] also to speak to 689 00:57:52,480 --> 00:58:03,280 Abashek's question, um, regarding whether the structure would be kept 690 00:57:58,160 --> 00:58:07,760 intact, um, once the the parcel is zoned R2, 691 00:58:04,799 --> 00:58:14,720 um, the owner can do anything with it. Um, and so the the property could be 692 00:58:11,839 --> 00:58:21,839 torn down if Mr. Smith decides he doesn't want to put um $100,000 into the 693 00:58:18,559 --> 00:58:32,240 property, it could be torn down and um the the lot could be used um to build 694 00:58:26,000 --> 00:58:36,880 something else uh a duplex in the R2. So rather than allowing additional homes 695 00:58:34,720 --> 00:58:42,480 in the PR district to be converted to rental use, we would encourage the city 696 00:58:40,079 --> 00:58:48,240 to work with residents and organizations like BG Song to identify additional ways 697 00:58:45,839 --> 00:58:54,240 to support the rehabilitation of older homes and return them to viable owner 698 00:58:51,680 --> 00:58:58,720 occupied housing. Doing so would preserve the neighborhood character 699 00:58:56,000 --> 00:59:04,000 while creating new opportunities for home ownership. The PR district was 700 00:59:01,920 --> 00:59:09,359 created in part to protect those opportunities. Reszoning this property 701 00:59:06,720 --> 00:59:14,799 would work against that purpose. And for these reasons, the board of BG Save Our 702 00:59:12,480 --> 00:59:19,359 Neighborhoods Group asks the planning commission to deny the request to 703 00:59:16,720 --> 00:59:28,040 reszone 903 North Main Street from pedestrian residential to R2. Thank you. 704 00:59:24,400 --> 00:59:28,040 » Are there any questions? 705 00:59:28,319 --> 00:59:31,119 » Thank you. 706 00:59:31,760 --> 00:59:37,640 Is there anyone else who wants to address the uh commission? 707 00:59:41,920 --> 00:59:47,119 » Hearing none. Hearing none. I just want to ask the commission. Does the 708 00:59:45,040 --> 00:59:50,640 commission have any problems with Mr. Smith coming back one last time? 709 00:59:49,839 --> 00:59:55,391 » No. >> Okay, fine. Mr. Smith, [clears throat] 710 00:59:58,480 --> 01:00:04,480 » I just want to address two things. Uh, one is the parking. When I lived there, 711 01:00:03,040 --> 01:00:08,079 there was four people upstairs and then separate three people down. Same thing 712 01:00:06,000 --> 01:00:16,960 when my sisters live there. We had zero issues with cars. And there's again 937, 713 01:00:12,640 --> 01:00:24,079 934, 625, 617, 611, 610, 616. Those are all multi-units within two blocks of 714 01:00:19,920 --> 01:00:29,520 this place. And there's five one to 19 units within several blocks of this. 715 01:00:26,640 --> 01:00:33,920 This is the neighborhood. Second, one of the neighbors here has parked two cars 716 01:00:31,440 --> 01:00:37,520 in front of this house for years. In fact, they've called my parents and 717 01:00:35,200 --> 01:00:40,400 asked if they could use the uh driveway, which of course my parents are great 718 01:00:38,640 --> 01:00:46,160 people. They said yes. So, I find it iran ironic that they're complaining 719 01:00:42,240 --> 01:00:50,559 about parking. Second, to address this, that house is was historic. It's in the 720 01:00:48,720 --> 01:00:55,599 most the most historic oneb block radius. There's shades over all windows 721 01:00:54,000 --> 01:01:00,720 and no work's been done for two years because I tried to buy that about 10 722 01:00:58,079 --> 01:01:04,880 years ago. No work's been done at all to it and it's sitting there vacant. So 723 01:01:02,799 --> 01:01:08,079 there is precedent. That won't happen. We're not going to tear down the house. 724 01:01:06,400 --> 01:01:12,000 We will get on it and we will make it a nice place again. 725 01:01:10,480 --> 01:01:17,839 » What what house was that that you were talking about? next to funeral 726 01:01:15,839 --> 01:01:24,119 west cover everyone. 727 01:01:19,520 --> 01:01:24,119 » Here comes I voted against that. 728 01:01:26,319 --> 01:01:34,960 » I just had one one last question. The photos that I took this evening of the 729 01:01:31,920 --> 01:01:39,359 on street parking conditions, how do I get those entered into the record? 730 01:01:36,880 --> 01:01:42,799 Because a picture is worth a thousand words. give them to you. 731 01:01:40,880 --> 01:01:44,720 » You can email them to us or do you have copies you want to give us? It's up to 732 01:01:44,319 --> 01:01:47,920 you. >> They're on my phone. 733 01:01:46,000 --> 01:01:50,240 » Okay. Yep. I can write down our email for for you. 734 01:01:49,200 --> 01:01:53,839 » Very good. >> Thank you. 735 01:01:51,040 --> 01:02:00,400 » Thank you. Okay. 736 01:01:56,799 --> 01:02:05,680 Hearing no other requests, uh, I'll open up the floor to discussion 737 01:02:03,760 --> 01:02:09,200 on the commission. >> Y 738 01:02:06,079 --> 01:02:13,280 » any comments? Any particular questions? Well, I'll start by saying I really 739 01:02:11,200 --> 01:02:17,599 appreciate everyone being here. There have been some recent changes in my 740 01:02:15,119 --> 01:02:20,720 neighborhood and um I'm glad that people are going around and speaking with one 741 01:02:19,280 --> 01:02:25,200 another about it because some things that happened just a block north of 742 01:02:22,400 --> 01:02:30,400 where I live on Frezy I would have been against but I mean it's my fault I guess 743 01:02:28,079 --> 01:02:35,839 I didn't know about it but um changes that change the landscape of the 744 01:02:32,799 --> 01:02:40,240 neighborhood. um putting in a place that has six bedrooms and I agree once you 745 01:02:38,000 --> 01:02:43,520 have six people living in a house it's more than six cars that are then parked 746 01:02:42,079 --> 01:02:48,400 there and they're parked on the grass and things like that. So I really 747 01:02:46,079 --> 01:02:53,040 appreciate everyone coming in here and expressing their opinion about what it 748 01:02:50,640 --> 01:02:58,079 will do to the neighborhood. Um I am against spot zoning. I was against the 749 01:02:55,760 --> 01:03:03,359 reszoning request for 416 West Worcester. So, I will stand by that 750 01:03:00,240 --> 01:03:09,040 tonight and my vote will be a no for the um resoning. 751 01:03:06,720 --> 01:03:13,920 » Heather, I've got a question for you. Um if there was talk about being remodeled 752 01:03:12,079 --> 01:03:18,160 to have four bedrooms upstairs, four bedrooms downstairs, if that were the 753 01:03:16,240 --> 01:03:21,119 case, if we're a duplex and had four and four, how many people could legally live 754 01:03:20,079 --> 01:03:26,000 there? >> Well, our zoning code is based on the 755 01:03:22,720 --> 01:03:29,280 number of bedrooms. So, it's hard to say for sure though based 756 01:03:27,520 --> 01:03:34,160 on number of bedrooms because you could have families there. Um, and what we 757 01:03:31,680 --> 01:03:40,160 mean by that is relation. So, I could live upstairs with 758 01:03:37,280 --> 01:03:44,400 my four children and still have a four-bedroom house or even smaller. So, 759 01:03:42,240 --> 01:03:48,000 it's hard to say occupancy, but it the zoning code is one unrelated per 760 01:03:46,799 --> 01:03:54,079 bedroom. >> However, family doesn't follow that same 761 01:03:50,880 --> 01:03:57,920 regulation. Am I explaining that well? You have to be careful with fair housing 762 01:03:55,680 --> 01:04:03,440 laws and how those operate. So, >> I guess I'm I'm responding to the point 763 01:04:00,720 --> 01:04:08,960 about could have as many like 16 people living there. That seems like 764 01:04:06,960 --> 01:04:13,359 not the most likely result, but you could have two people per bedroom. I 765 01:04:10,960 --> 01:04:17,359 could if you have couples living there. I I could see. 766 01:04:15,200 --> 01:04:19,839 » Again, it depends on the definition of family. 767 01:04:17,920 --> 01:04:21,760 » Okay. There's no so there's not a definite number but 768 01:04:21,119 --> 01:04:28,240 » correct >> it would be fairly substantial 769 01:04:25,200 --> 01:04:33,319 » and again defining a household is a slippery slope and we're very cautious 770 01:04:30,160 --> 01:04:33,319 with that. 771 01:04:33,714 --> 01:04:41,520 [clears throat] >> Is that a definitional problem based on 772 01:04:38,400 --> 01:04:47,200 how we put together this multifamily versus single family? 773 01:04:45,039 --> 01:04:51,920 I mean, I'm asking you, as you just covered this family, you know, in 774 01:04:49,440 --> 01:04:57,760 quotation marks versus, you know, you got eight bedrooms possibly up to this 775 01:04:54,480 --> 01:05:02,960 number of people. And when you say multif family, bringing the family in, 776 01:04:59,520 --> 01:05:07,520 does that bring down the possibility of having, you know, so many unrelated 777 01:05:05,440 --> 01:05:11,280 people within a residence? >> Um, so I'll back up a little bit. So, 778 01:05:09,359 --> 01:05:16,319 our zoning code defines multi- a multi-unit dwelling as three dwelling 779 01:05:13,520 --> 01:05:21,119 units or more. So, we would not consider a duplex multi-unit dwelling. We 780 01:05:19,119 --> 01:05:25,680 considered a two-unit dwelling. So, you could have two units, whether it be up 781 01:05:23,520 --> 01:05:30,319 or down, side by side, as long as it's two units and it meets our zoning code 782 01:05:28,160 --> 01:05:35,920 definition of dwelling unit where it has kitchen, living space, bedroom, 783 01:05:33,119 --> 01:05:40,000 bathroom. Um, and it could technically I mean I guess you could say it could 784 01:05:36,960 --> 01:05:43,119 technically have up to five bedrooms. However, that's I'm guessing that's 785 01:05:41,680 --> 01:05:46,000 pretty unlikely given the space that's there, but I can't say that for sure. 786 01:05:44,480 --> 01:05:51,559 But that's the definition of a one-unit dwelling. You could have up to five 787 01:05:48,559 --> 01:05:51,559 bedrooms. 788 01:05:56,160 --> 01:06:01,440 You look perplexed. Do you have any other questions? 789 01:05:59,520 --> 01:06:05,359 Do how often do you get phone and maybe 790 01:06:04,079 --> 01:06:11,039 you're not the right person to answer. Do we get phone calls about congestion, 791 01:06:08,319 --> 01:06:17,440 not being able to, you know, navigate through streets because of traffic? Do 792 01:06:13,119 --> 01:06:22,400 do we have an idea of how legitimate or how bad that problem is on that north 793 01:06:20,880 --> 01:06:26,079 west side of town? >> I do not. That's not typically a call we 794 01:06:24,400 --> 01:06:30,240 would get. We would get more so complaints if someone were parking in 795 01:06:27,680 --> 01:06:34,000 the grass, for example, or even our police division would likely get those 796 01:06:31,760 --> 01:06:36,400 complaints. We try to be a one-stop shop where, you know, we give complaints to 797 01:06:35,280 --> 01:06:41,039 the right person, but that's not something we would normally hear about. 798 01:06:37,920 --> 01:06:46,960 » Is is that a street that um and I don't know the formal name that is um deemed 799 01:06:44,400 --> 01:06:50,400 like a snow street that if we get over two inches, they have to to move for the 800 01:06:49,200 --> 01:06:54,799 plows. >> I'm not sure. I'd have to look at our 801 01:06:52,559 --> 01:06:57,280 records at the city. Okay. 802 01:06:55,760 --> 01:07:00,559 » I mean, normally you'll have one side that's no parking [clears throat] 803 01:06:59,200 --> 01:07:02,960 » and the other side would normally allow parking, but again, it varies all over 804 01:07:02,079 --> 01:07:09,680 the city. >> Okay. So, um I'm talking I'll keep 805 01:07:06,880 --> 01:07:14,319 talking. Um thank every I want to thank everybody for taking the time and the 806 01:07:11,039 --> 01:07:19,520 effort to um voice your concerns and they're all very valid. Um I'm you know 807 01:07:18,000 --> 01:07:25,200 I probably struggle a little bit more with this one. Um, you know, I I have 808 01:07:22,880 --> 01:07:32,240 always said I think that our town needs more housing. I see um probably more 809 01:07:28,960 --> 01:07:39,200 people transfer into town than probably anybody else. And it's not always people 810 01:07:35,119 --> 01:07:47,359 that want to purchase a home, right? And um our housing stock for rentals is very 811 01:07:44,799 --> 01:07:51,440 very thin. Um, and I'm specifically talking about professional rentals, non- 812 01:07:49,520 --> 01:07:57,440 studentent rentals. You know, there is no guarantee in my opinion that this 813 01:07:54,559 --> 01:08:02,160 property would be rented to college students, right? Um, we heard from a 814 01:08:00,400 --> 01:08:06,559 professor that lives right down the street, right? That is already living 815 01:08:04,000 --> 01:08:10,960 right there. And, um, there's a very high percentage chance that, um, it 816 01:08:09,280 --> 01:08:16,880 could be somebody that's professional that's there, too. Um, we heard that it 817 01:08:13,920 --> 01:08:21,359 meets five of the seven BG principles, which is a high percentage of what we're 818 01:08:19,759 --> 01:08:26,400 looking for when we look at some of these. Um, we already know that there's 819 01:08:23,759 --> 01:08:32,319 a lot of duplexes in the neighborhood, too. Um, 820 01:08:29,520 --> 01:08:37,600 conversely, I am not a fan of spot zoning, right? Just like Julie said, I 821 01:08:35,040 --> 01:08:45,679 am not a fan of the spot zoning. We went through an exhaustive um exercise to um 822 01:08:42,239 --> 01:08:50,799 to redo our zoning code. Um and this is part of it, right? Um congestion is a 823 01:08:48,960 --> 01:08:55,600 legitimate factor. You know, I asked about um traffic and things like that 824 01:08:53,120 --> 01:09:00,880 and congestion is a legitimate factor. Um but again, I don't know that there's 825 01:08:57,759 --> 01:09:06,159 any guarantee that um we're going to have eight people live in a duplex. We 826 01:09:03,359 --> 01:09:13,679 don't know. We just we don't know. Um, so, you know, I I struggle um with um 827 01:09:11,520 --> 01:09:18,319 with both sides. So, I see, you know, your your point. I'd love to see um 828 01:09:16,080 --> 01:09:22,799 somebody actually put the money in and and spend the money to to update and do 829 01:09:20,719 --> 01:09:28,880 the things to to beautify to make it better because it has been um you know, 830 01:09:25,520 --> 01:09:33,359 neglected. So, um I know I just spoke on both sides of the fence. Um, but those 831 01:09:31,520 --> 01:09:36,560 are those are things that I'm considering as as we continue to 832 01:09:35,199 --> 01:09:41,520 discuss. >> Another question. Uh, the these other 833 01:09:39,199 --> 01:09:45,440 properties that have duplexes and and three units so far, are those legal 834 01:09:43,520 --> 01:09:46,560 non-conforming uses, is that what properties are? 835 01:09:46,159 --> 01:09:50,239 » Yes. >> Okay. 836 01:09:47,679 --> 01:09:52,799 » It's a good question. >> And this doesn't fall under that 837 01:09:52,000 --> 01:09:58,640 heading. >> Correct. 838 01:09:55,520 --> 01:10:03,679 Um, I know he kind of hit us with 416 West Worster and uh, Miss Miller's 839 01:10:00,719 --> 01:10:08,320 property. And that's a double-edged sword, I think, because you're right. We 840 01:10:05,280 --> 01:10:11,840 we kind of went out on a limb to, you know, looking at the property location, 841 01:10:09,760 --> 01:10:16,640 what it was, and what the historic importance was to the city and said, 842 01:10:13,360 --> 01:10:21,840 "Okay, let's set aside what we've been trying to do for these years and give it 843 01:10:18,800 --> 01:10:25,440 a spot reszoning." And, you know, you're right. They They 844 01:10:24,159 --> 01:10:28,239 haven't done I should keep an eye on it when I drive by it. I don't see anything 845 01:10:26,800 --> 01:10:33,280 being done. >> Nothing's been done. But again, that 846 01:10:31,040 --> 01:10:37,199 runs maybe both for you and against you 847 01:10:34,880 --> 01:10:40,640 because okay, so what if that's the one mulligan we give out, you know, to 848 01:10:39,120 --> 01:10:45,600 somebody came up and promised us that we're going to do X, Y, and Z, and well, 849 01:10:43,360 --> 01:10:48,640 they haven't done it. And so now the next person's up to bat. I want to do 850 01:10:47,280 --> 01:10:52,880 and we get hit over the head every time we we look at one of these gorgeous 851 01:10:50,239 --> 01:10:57,600 houses, you know, falling apart and go, "Well, I want to beautify it, but I want 852 01:10:54,960 --> 01:11:01,679 to make it a duplex." And so now you're the second person to 853 01:10:59,360 --> 01:11:05,760 come up to us and want this. So now are we setting up a precedent where go, 854 01:11:03,440 --> 01:11:09,520 okay, here's some beautiful old house that's fallen into ruin and somebody got 855 01:11:08,400 --> 01:11:12,880 a hold of it and it's like, well, I'll beautify it, but I want to be able to 856 01:11:10,880 --> 01:11:18,159 turn it into a money maker, too, to make it worth it. And I'm kind of on both 857 01:11:15,679 --> 01:11:23,199 sides of that fence because we set the president once and so and it's 858 01:11:21,784 --> 01:11:30,800 [sighs and gasps] clearly bit us in the ass to say pretty clearly. So um I don't 859 01:11:28,800 --> 01:11:34,239 want to set up a precedent where just that every time you know somebody gets a 860 01:11:32,880 --> 01:11:37,280 hold of these old houses and like all right we're going to we're going to 861 01:11:35,840 --> 01:11:41,440 beautify it and put it back to where it was but we also need to make it a duplex 862 01:11:39,199 --> 01:11:47,400 to make it you know financially feasible. I'm kind of wary of going 863 01:11:43,440 --> 01:11:47,400 ahead with that myself. 864 01:11:51,840 --> 01:11:57,679 » I'm going to jump in and just say one more thing about um I've been in my 865 01:11:55,600 --> 01:12:03,040 house for 30 years and prior to that at some point it was a duplex which I can't 866 01:12:00,159 --> 01:12:07,920 even imagine. I think what's there's an outside entrance to the basement. I mean 867 01:12:05,120 --> 01:12:11,760 it's a 1901 built house. So, I think the person who lived upstairs must have gone 868 01:12:09,840 --> 01:12:16,640 down into the basement and then back up some stairs beside the kitchen or 869 01:12:13,760 --> 01:12:21,840 something to get upstairs, but there was supposedly a kitchen up there and 870 01:12:18,320 --> 01:12:25,920 there's a second bathroom. Um, I don't know where how they I have a single 871 01:12:24,080 --> 01:12:30,719 driveway. I don't know how they arranged with with the parking and all that, but 872 01:12:28,400 --> 01:12:35,120 I will say since I've purchased it, there are so many more there are 873 01:12:32,320 --> 01:12:39,520 benefits that you can get grants. Um, and I have been the beneficiary of those 874 01:12:38,000 --> 01:12:44,080 um, through the city and then also the county because it's owner occupied. So, 875 01:12:42,320 --> 01:12:48,800 I am all in favor of turning this back into a or maintaining it, whichever it 876 01:12:46,880 --> 01:12:52,960 might be, as a single family dwelling because that's where you can really get 877 01:12:50,719 --> 01:12:59,719 some money that you can put into your home and make it much better um, because 878 01:12:56,080 --> 01:12:59,719 it's owner occupied. 879 01:13:00,400 --> 01:13:07,600 I I would just like to remind everybody that this is just a recommendation and 880 01:13:05,679 --> 01:13:13,679 it goes to city council who will have the final say. So I would encourage you 881 01:13:10,480 --> 01:13:19,280 all to come to city council and uh express your views to them. All we do on 882 01:13:16,320 --> 01:13:22,800 this is just recommend yes, we would support it or no, the planning 883 01:13:20,880 --> 01:13:27,920 commission would not support it. It's not the end of the line. uh no matter 884 01:13:25,840 --> 01:13:33,040 what our decision is, it goes to city council. So I I just think it's 885 01:13:31,120 --> 01:13:38,000 important that you all know that I disagree that we are setting a 886 01:13:35,120 --> 01:13:44,800 precedent. I think we take look at each individual request on its own merits and 887 01:13:42,080 --> 01:13:50,400 because we say yes to one it the maybe the merits we saw differently than what 888 01:13:47,360 --> 01:13:56,560 you're presenting to us. Again, it goes on to city council. um attack bill 889 01:13:53,199 --> 01:14:02,159 Harold if you need to, but just no matter what happens here, it's not it's 890 01:13:58,640 --> 01:14:06,719 not the final end ending. So, however passionate you feel and which you feel 891 01:14:04,159 --> 01:14:11,199 very passionate, keep it for city council also. 892 01:14:09,920 --> 01:14:14,080 » That's a good point. >> You made the point. 893 01:14:12,239 --> 01:14:19,520 » Thank you. it it as I add up the things in my mind, 894 01:14:17,440 --> 01:14:25,679 there are some points that can be made in favor of both positions. It's not a 895 01:14:22,480 --> 01:14:33,760 completely one-sided uh uh question here. I guess the thing I think sways me 896 01:14:29,760 --> 01:14:41,280 one way or the other is these other uh addresses in the area that are duplexes 897 01:14:36,480 --> 01:14:45,679 or threeunit buildings. Um, those are legal nonconforming 898 01:14:43,760 --> 01:14:51,120 uses. They're they're not what the what that 899 01:14:48,000 --> 01:14:55,520 area is intended to to have, but they're grandfathered in basically because they 900 01:14:52,960 --> 01:15:01,120 were put to that use before the zoning code was changed. 901 01:14:58,000 --> 01:15:07,679 So, and my conclusion is that just because a number of other place other 902 01:15:04,000 --> 01:15:11,360 addresses are legal nonconforming uses that that doesn't mean we should add one 903 01:15:09,280 --> 01:15:15,199 more to that list. So, although I think it's a close call 904 01:15:12,960 --> 01:15:20,159 that uh there can be points made in favor of Mr. Smith's position as well as 905 01:15:17,440 --> 01:15:25,719 against, uh I I think unless somebody convinces me in the next few minutes, 906 01:15:21,600 --> 01:15:25,719 I'll probably vote no on this. 907 01:15:30,800 --> 01:15:36,920 Are there any other comments, questions? 908 01:15:40,640 --> 01:15:49,159 Is there a motion to approve this and forward it to city council? 909 01:15:49,199 --> 01:15:57,120 » I'll make the motion to approve it. So it's gets gets up for a vote. Okay. 910 01:15:57,542 --> 01:16:00,080 » [clears throat] >> I'll second. 911 01:15:58,320 --> 01:16:06,239 » He made the motion to approve it. >> Yes. To approve. 912 01:16:03,360 --> 01:16:08,960 » I'll second. >> No, he's got to do a roll call vote on 913 01:16:08,320 --> 01:16:13,199 the first motion. >> We need to do a roll call vote. 914 01:16:11,199 --> 01:16:16,920 » Yes. [snorts] >> All right, Miss Broadwell. 915 01:16:17,679 --> 01:16:25,760 » What's the motion? >> The motion. The motion is for our 916 01:16:22,159 --> 01:16:28,719 recommendation to approve and go to city council. 917 01:16:27,360 --> 01:16:32,880 So if if >> to approve 918 01:16:30,000 --> 01:16:35,120 » as you had as you had stated previously if 919 01:16:33,840 --> 01:16:39,360 » you don't agree with it. >> Okay. No. 920 01:16:36,880 --> 01:16:41,600 » Okay. >> Miss Denbo. 921 01:16:40,400 --> 01:16:43,600 » No. >> Miss Enis? 922 01:16:42,480 --> 01:16:45,520 » No. >> Mr. McComber? 923 01:16:44,560 --> 01:16:49,360 » No. >> Mr. Phillips? 924 01:16:47,760 --> 01:16:52,000 » No. Mr. Reis, 925 01:16:50,320 --> 01:16:54,159 » yes. >> Mr. Stalterzer, 926 01:16:53,040 --> 01:16:56,800 » no. >> Mr. Waddle, 927 01:16:55,360 --> 01:17:00,760 » yes. >> Mr. Body, 928 01:16:57,760 --> 01:17:00,760 » no. 929 01:17:02,159 --> 01:17:12,239 » So, it goes forward to city council with a with a uh 930 01:17:10,000 --> 01:17:14,719 no recommendation from the planning commission. Correct. 931 01:17:14,080 --> 01:17:19,520 » Correct. >> Correct. 932 01:17:17,280 --> 01:17:27,199 Thank you everyone who uh who came forward. We appreciate it. And uh we'll 933 01:17:22,880 --> 01:17:32,320 go to the next item on the agenda, text amendments. 934 01:17:29,840 --> 01:17:38,640 Uh there's a proposed text amendments to chapter 150 of the zoning code, article 935 01:17:35,600 --> 01:17:45,280 2, district and zoning regulations. Sections 150.26 936 01:17:41,600 --> 01:17:51,840 commercial zone. Section 150.28 28 mixeduse neighborhood zone section 937 01:17:48,880 --> 01:17:57,920 150.39 summary table of zone and district regulations 938 01:17:54,000 --> 01:18:06,320 article 4 generally applicable standards section 150.80 buffering 939 01:18:02,159 --> 01:18:12,320 section 150.81 81 outdoor lighting and article six administration and 940 01:18:08,719 --> 01:18:16,719 procedures section 150.94 application and issuance of zoning 941 01:18:14,719 --> 01:18:20,480 certificate. >> Heather, 942 01:18:18,480 --> 01:18:25,520 » well, I had a memo in your packet that reviewed the changes that were fairly 943 01:18:23,760 --> 01:18:30,600 minor. I don't know if you want me to go over those tonight or just wait till the 944 01:18:27,360 --> 01:18:30,600 public hearing. 945 01:18:32,800 --> 01:18:37,199 Uh, I >> can you 946 01:18:35,280 --> 01:18:41,199 » Yeah, >> I need the door. 947 01:18:38,880 --> 01:18:45,800 » Chase, can you close the door >> or move them down the hall a little? 948 01:18:48,400 --> 01:18:56,239 » What did you say, Heather? So, I gave you a memo in the packet um 949 01:18:53,199 --> 01:18:59,520 introducing the staff changes that we're requesting and I didn't know if you want 950 01:18:57,600 --> 01:19:03,840 me to review those tonight or do you want to wait till the public hearing 951 01:19:01,440 --> 01:19:08,400 that I hope you set for the next meeting October? 952 01:19:06,640 --> 01:19:12,080 » Set up for a hearing. >> Yeah, I don't I personally don't have 953 01:19:10,400 --> 01:19:17,679 any questions. Does anybody else have any questions or need to hear additional 954 01:19:15,280 --> 01:19:23,080 information at this point? Uh we can go ahead and set the public hearing for the 955 01:19:19,840 --> 01:19:23,080 next meeting. 956 01:19:23,360 --> 01:19:29,360 Is there a motion to uh >> So moved. 957 01:19:26,400 --> 01:19:32,600 » Thank you. I'll second. >> Thank you. 958 01:19:35,440 --> 01:19:42,960 » Thank you, Bill, [clears throat] for closing the door. 959 01:19:40,719 --> 01:19:46,719 » I said thank you for doing that. >> All in favor of the public hearing. You 960 01:19:44,800 --> 01:19:50,400 want to do it by voice? Voice the Kok voice vote would be fine. 961 01:19:48,000 --> 01:19:56,480 » That's fine. All in favor say I. >> I. 962 01:19:53,120 --> 01:20:01,440 » Opposed hearing none. Okay. 963 01:19:58,159 --> 01:20:04,400 Next item reports. Uh representative to the zoning board of appeals Mr. 964 01:20:03,520 --> 01:20:09,600 McCumber. >> Thank you, Mr. President. Uh on August 965 01:20:07,199 --> 01:20:16,080 the 12th, the ZBA met and considered three variance requests. The first one 966 01:20:13,040 --> 01:20:21,280 uh involved a a woman Sue Yohi who lives on West Worster Street and she had 967 01:20:18,800 --> 01:20:27,760 constructed a fence that was intended to be six feet tall which is uh the maximum 968 01:20:24,239 --> 01:20:32,080 allowed and um this was similar to a case we had a few months ago where 969 01:20:29,440 --> 01:20:36,239 because the ground was not even to make the top of the fence level meant that 970 01:20:34,719 --> 01:20:44,640 part of the fence was more than six feet. Um so she wanted a variance to to 971 01:20:41,679 --> 01:20:51,920 allow what had already been constructed. Uh as we discussed this uh it uh became 972 01:20:49,520 --> 01:20:56,560 obvious that Miss Yohi, a retired school teacher in the Bowling Green district, 973 01:20:54,880 --> 01:21:00,159 uh had had some problems with the contractor. 974 01:20:58,080 --> 01:21:04,560 And it uh one thing that came to light that was bothersome was that Chase had 975 01:21:02,560 --> 01:21:08,400 actually been on the site when the contractor was there constructing the 976 01:21:06,400 --> 01:21:15,040 fence and told him that what he was doing would be illegal. and he basically 977 01:21:11,120 --> 01:21:19,120 just ignored that that recommendation. Uh the problem we had was I think people 978 01:21:17,520 --> 01:21:26,320 would have been inclined to not allow the fence as is. Uh but Miss Yohi had 979 01:21:23,120 --> 01:21:31,840 paid the contractor in full. He's long gone and if we made her revised the 980 01:21:30,159 --> 01:21:36,560 fence, it was going to be an additional expense to to her. 981 01:21:34,239 --> 01:21:42,000 Uh so there was some discussion both ways about that whether we wanted under 982 01:21:38,560 --> 01:21:46,640 those circumstances to uh make her reconstruct a portion of the fence or or 983 01:21:43,760 --> 01:21:53,280 or leave it as it is. And we eventually voted 6 to1 to give her the variance. 984 01:21:50,480 --> 01:21:59,600 Uh the second uh item was Rebecca Ferguson who lives at 1622 Treetop Place 985 01:21:56,960 --> 01:22:03,679 uh wanted a variance to expand her driveway a bit. We've had several of 986 01:22:02,080 --> 01:22:09,520 these recently. This one was a little different. She didn't want to expand it 987 01:22:05,440 --> 01:22:14,239 to the side uh near a property owned by a neighbor. She wanted to expand it on 988 01:22:11,600 --> 01:22:19,280 sort of the inside of the property to try to partially or mostly eliminate a 989 01:22:17,600 --> 01:22:23,840 curve in the driveway that she's had trouble negotiating. 990 01:22:21,600 --> 01:22:29,760 And uh that that passed seven to nothing with minimal uh discussion. 991 01:22:27,360 --> 01:22:34,239 The third item was an interesting one. Um, you may recall from I think Chase's 992 01:22:32,639 --> 01:22:39,040 report that last month when I wasn't here that uh Chipotle had wanted to 993 01:22:36,560 --> 01:22:45,040 build a a store on the south side of town and uh there was a 25- ft minimum 994 01:22:43,120 --> 01:22:50,960 height requirement for commercial buildings and the building they wanted 995 01:22:47,360 --> 01:22:56,880 to build was going to be 18t 8 in tall. And uh we uh uh turned that request down 996 01:22:54,000 --> 01:23:01,440 at the time, but they came back at the next meeting and we we were advised by 997 01:22:59,360 --> 01:23:05,600 our legal counsel that we should allow them a second opportunity because they 998 01:23:04,080 --> 01:23:11,120 said they had additional information that might affect our decision. 999 01:23:08,560 --> 01:23:14,960 Well, the uh additional information essentially was that after the prior 1000 01:23:13,520 --> 01:23:19,520 hearing when they didn't get the variance, the person in charge of the 1001 01:23:17,840 --> 01:23:25,440 construction um uh 1002 01:23:22,400 --> 01:23:29,840 came forth with a um uh basically a deed restriction on the properties that are 1003 01:23:26,880 --> 01:23:34,480 around Home Depot in that area there. Uh there is essentially a deed restriction 1004 01:23:31,840 --> 01:23:39,280 that says the uh uh any commercial building can't be more than 23 feet 1005 01:23:36,400 --> 01:23:43,600 tall. So they couldn't meet the 25- foot requirement even if they wanted to 1006 01:23:41,120 --> 01:23:47,600 because of the deed restriction. And this individual who was a different 1007 01:23:45,520 --> 01:23:50,719 person than had made the presentation a month before said he went to their 1008 01:23:49,120 --> 01:23:56,239 architectural people and told them, "Well, we've got to we've got to make 1009 01:23:53,199 --> 01:23:59,840 this as tall as we can. The code is what it is and and you know, they're not 1010 01:23:57,760 --> 01:24:05,040 going to really budge on this." So they came up with a design that would be 22 1011 01:24:02,320 --> 01:24:13,520 feet 8 in tall, 4 in short of the maximum that they that they could build. 1012 01:24:08,320 --> 01:24:20,480 And uh um uh taking that into account uh the variance now was granted. Uh so the 1013 01:24:16,639 --> 01:24:24,159 22 foot 8 inch height uh they had they have the variance for although you 1014 01:24:22,080 --> 01:24:27,440 probably saw that in the in the last item we were looking at on the agenda 1015 01:24:25,760 --> 01:24:32,159 here about changes to the zoning code. One of the changes was to eliminate the 1016 01:24:29,120 --> 01:24:35,920 25- foot u minimum height for commercial buildings. So [clears throat] maybe 1017 01:24:33,920 --> 01:24:39,520 they'll go back to the 18 foot 8 inch version. 1018 01:24:37,920 --> 01:24:42,639 I'm not sure, but they did get they did get their variance. So something's going 1019 01:24:40,800 --> 01:24:49,520 to be built. There's going to be a Chipotle on the south side of town. 1020 01:24:46,159 --> 01:24:51,920 That's the the all of my report, Mr. President. 1021 01:24:50,239 --> 01:24:54,239 » Thank you, >> Heather. 1022 01:24:52,639 --> 01:24:57,600 » No report, but I'm happy to answer any questions. 1023 01:24:55,920 --> 01:25:03,280 Thank you for all the information you supplied on the public hearing. It was 1024 01:25:00,960 --> 01:25:07,360 » It was interesting reading, frankly. >> You're welcome. 1025 01:25:04,960 --> 01:25:11,600 » Amazing. Find all that information you guys kept it all those years. 1026 01:25:10,239 --> 01:25:15,120 » And I didn't even mention we looked through city directories too, Chase and 1027 01:25:13,199 --> 01:25:20,800 I. So, I know that gentleman said earlier he had Well, we did too. I 1028 01:25:17,280 --> 01:25:24,480 actually have copies. So, >> find some information on my house. 1029 01:25:23,469 --> 01:25:28,800 [laughter] >> All right. All right. Well, thank you 1030 01:25:25,520 --> 01:25:33,040 very much. Uh motion to a adjourn. 1031 01:25:31,840 --> 01:25:36,400 » Second. >> All say I. I. 1032 01:25:34,639 --> 01:25:40,040 » Thank you very much. Appreciate it. >> Nice job, Bob.