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Yikes.

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This is it, right?

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Are we ready?

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You all are ready?

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>> Yeah. Good. Well, um then I'm going to

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call to order the um August 26th meeting

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of the board of zoning appeals for the

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city of Leewood. Could I have roll call,

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please? Members Penn,

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Sipple

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>> here,

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>> Dirkson

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>> here,

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>> Dunn

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>> here,

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>> Hurst, Hawk,

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>> Busing.

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>> We have a quorum.

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>> Thank you. Um, first item of business is

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approval of the minutes. We have minutes

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from I I want to take them separately.

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First, the minutes of June 24. Um, any

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changes or anything else?

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Editing. Move to approve.

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>> Second.

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>> All in favor?

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>> They're approved. I want to point out on

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the second ones, we've got the July 22nd

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meeting on pages 2,78 and 10. I'm

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referred to as Chairman Clawson. I know

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that's because you're using old stuff.

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So, yeah, it it's no big deal. I just

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thought for the record it should

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probably be corrected. But with those

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corrections, do I have a motion to

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approve?

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>> Second. All in favor? I

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>> opposed. That passes. All right. So,

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that brings us to our agenda for

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tonight. Our We have no old business.

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Our first new business is case 58-2026

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21101 West 120th Terrace request for a

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fence height exception in accordance

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with the LDO16-4-9.5A

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in an R1 district. Does staff have a

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report?

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The applicant would like to replace an

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existing six-foot fence with a six-foot

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wood privacy fence at the perimeter of

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the property in the same location.

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>> So, without belaboring the point, this

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is one of those where it is it is

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strictly replacement of a fence that's

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already 6 foot in that location and the

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only reason they need an exception is

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because they're replacing it and not

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repairing it. Right.

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>> Correct. Okay. And the existing fence is

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indicated in the yellow dotted line and

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the new fence is in green solid on the

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picture displayed.

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>> So virtually the same.

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>> Correct.

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>> Okay. Any questions for staff before we

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get the applicant?

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>> Question, Ron. Why is it a different

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shape than the existing fence?

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I

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it look it appears I mean that might be

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a better question for the applicant but

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they're going to go all the way to the

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30 foot setback on that corner to get a

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little more space beyond that patio and

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I I just assume they're squaring it off

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rather than that kind of jagged curved

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line but that they'll be better to

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answer that.

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>> I will

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in just a second. Are there any other

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questions for staff before we get the

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applicant up?

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All right, then come on up, please.

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Would you please state your name and

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record and name and address for the

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record?

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>> Yeah. Good evening. My name is Rob

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Lipold. I'm the property owner, one of

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two with my wife.

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>> Thank you very much. Um, you may present

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your case.

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>> Yeah. So, um, we purchased this house

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about 5 years ago. The fence was

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existing. Uh what we want to do to

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change the shape would allow like a

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little service area on the side to be

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enclosed for excuse me garbage cans um

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grill kind of things like that. Um the

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current shape also um doesn't really

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follow really any straight lines. Um and

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so we kind of wanted to match the

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architecture of our house.

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>> Any questions for the applicant?

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So it wasn't because you ran into

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underground utilities or something like

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that. It was just kind of a you your

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family desired just to have a different

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shaped fence.

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>> Yeah. Yeah. Exactly. A combination of uh

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use and aesthetics.

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>> Thank you.

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>> An engineer's fence, not an artist's

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fence.

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>> I am an engineer.

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>> How did I know that?

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>> Right.

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>> All right. Um are there any other

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questions for the applicant?

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All right. Uh well then we can entertain

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a motion.

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>> Move to approve.

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>> Second.

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>> Got a motion in a second. All those in

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favor of approval, please say I.

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>> Oppos? Nay. It passes. You'll be

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notified in writing. Thanks for coming

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in.

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>> Thank you.

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Our second case for tonight is 59,

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excuse me,-2026

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9301 Lee Boulevard, request for a

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variance to the placement of a

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permanently installed generator. And I

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will note for all of you that the second

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case is also uh the same address and

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another variance to the sideyard

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setback. So, um, I'll just ask Ron,

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staff have a report and as part of that

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report, could you explain to us why we

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have two on the same piece?

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>> The applicant has placed a permanently

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installed generator in the sidey yard of

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the home. Permanently installed

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generators are required to be in the

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rear yard.

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The two cases are one, generators belong

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in the rear, so they want to put it on

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the side. Now that it's on the side,

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it's in the sideyard setback.

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>> Okay. So, so they need they need a a

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variance to allow it to be on the side.

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>> Correct.

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>> So, they need a variance. You know, it

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has to be in the rear yard. So, that's

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that first case. The second case, it

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also has to meet the 15t side setback

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and it doesn't meet the 15t side

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setback.

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>> Did he apply for the placement of the

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for the generator previously?

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>> What was that? And did he did he apply

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for the placement before they installed

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the gen to begin with?

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>> The permit was applied for after the

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fact for the generator. There was a

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generator for a new home or there was a

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permit for a new home, but there the

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generator is not part of new homes. They

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require their own permit.

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>> It it was installed without a permit,

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right? You're saying

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>> yes.

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>> Okay. All right. Isn't that typically

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the job of the installer, the contractor

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that in in that installs the uh

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generator?

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>> Yes.

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>> Thank you.

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Okay. Any other questions for staff

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before we get the applicant up here? Is

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the applicant here? Come on up

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and please give us your name and address

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before you begin.

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>> Yes. Uh my name is Blake Foster, uh 9301

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Lee Boulevard. I am the homeowner. Um,

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just to add a little bit more color. So,

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the home was built uh through 2024 into

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2025. The generator in question was

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installed. I will be forthright. A

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mistake was made. Neither the

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electrician nor the builder homaly um

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realized that a a an application and

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permit was required. It was installed.

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The home underwent multiple inspections

194
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May 30th, June 30th, June 13th, and June

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16th before a final certificate of

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occupancy was issued. All not flagging

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this. this wasn't flagged until a later

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date. Now that we've arrived at this

199
00:09:30,160 --> 00:09:32,640
unfortunate situation, um I am aware of

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the regulations. Um what I'm asking for

201
00:09:35,120 --> 00:09:37,600
these exceptions, this variance for that

202
00:09:37,600 --> 00:09:39,519
is because my immediate neighbors to the

203
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rear have a their their house faces

204
00:09:42,640 --> 00:09:44,800
perpendicular to our house. So our house

205
00:09:44,800 --> 00:09:46,800
faces towards Lee Boulevard. Theirs sits

206
00:09:46,800 --> 00:09:49,519
facing this way. They have a a swimming

207
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pool. And so our the entirety of our

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backyard faces their swimming pool. to

209
00:09:53,920 --> 00:09:57,040
move it. If I understand the principle

210
00:09:57,040 --> 00:09:58,560
of the matter is that it's trying to

211
00:09:58,560 --> 00:10:01,120
minimize disruption to the neighbors.

212
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Moving it to the back would be a further

213
00:10:02,959 --> 00:10:05,040
disruption to them and the swimming pool

214
00:10:05,040 --> 00:10:06,720
they have installed. Where it currently

215
00:10:06,720 --> 00:10:09,760
sits is next to a garage. My neighbor um

216
00:10:09,760 --> 00:10:12,399
of course the solicitation of of input

217
00:10:12,399 --> 00:10:14,079
from neighbors has gone out. None of the

218
00:10:14,079 --> 00:10:15,760
neighbors have objected, particularly

219
00:10:15,760 --> 00:10:18,240
the one in question, her name is Connie

220
00:10:18,240 --> 00:10:19,920
next door. She does not have a problem

221
00:10:19,920 --> 00:10:21,920
with it. There is one further problem

222
00:10:21,920 --> 00:10:24,800
that will be remedied on if if approval

223
00:10:24,800 --> 00:10:26,880
is had which is that it is not enclosed

224
00:10:26,880 --> 00:10:28,880
in the way that it should be right now.

225
00:10:28,880 --> 00:10:30,560
Again, a part of the original mistake

226
00:10:30,560 --> 00:10:33,200
made part of the plan that was submitted

227
00:10:33,200 --> 00:10:34,959
as part of this variance is that we

228
00:10:34,959 --> 00:10:37,120
would enclose it. We would meet the

229
00:10:37,120 --> 00:10:39,519
sound requirements. We would go whatever

230
00:10:39,519 --> 00:10:41,040
we needed to do to meet the sound

231
00:10:41,040 --> 00:10:43,839
requirements. But where it is, we would

232
00:10:43,839 --> 00:10:46,079
move it but move it further to the house

233
00:10:46,079 --> 00:10:48,480
keeping it essentially where it is now

234
00:10:48,480 --> 00:10:50,240
placed. And that's what the application

235
00:10:50,240 --> 00:10:51,680
of the variance is for. Thank you for

236
00:10:51,680 --> 00:10:52,480
your time.

237
00:10:52,480 --> 00:10:54,000
>> Okay. Are there questions for the

238
00:10:54,000 --> 00:10:55,600
applicant? Don't don't don't leave us

239
00:10:55,600 --> 00:10:56,800
yet.

240
00:10:56,800 --> 00:10:59,519
>> Well, I I'm just interested in this is

241
00:10:59,519 --> 00:11:01,440
as to

242
00:11:01,440 --> 00:11:05,279
chances are your neighbor to the east

243
00:11:05,279 --> 00:11:07,920
with that has the pool would not be

244
00:11:07,920 --> 00:11:09,920
using the pool if you were using your

245
00:11:09,920 --> 00:11:11,920
generator because it would be a time of

246
00:11:11,920 --> 00:11:14,720
distress probably. You know,

247
00:11:14,720 --> 00:11:17,920
>> you you might say that, but power can

248
00:11:17,920 --> 00:11:20,000
fail for any number of reasons. Uh what

249
00:11:20,000 --> 00:11:22,079
I would say probabilistically, yes, it

250
00:11:22,079 --> 00:11:23,760
would be adverse weather that would lead

251
00:11:23,760 --> 00:11:26,800
to power power failure.

252
00:11:26,800 --> 00:11:28,640
>> Any other questions for the applicant?

253
00:11:28,640 --> 00:11:31,360
>> I have a question for the applicant. So

254
00:11:31,360 --> 00:11:34,320
on I'm on this photo

255
00:11:34,320 --> 00:11:37,360
>> right right here. And so if you were

256
00:11:37,360 --> 00:11:39,440
moving

257
00:11:39,440 --> 00:11:40,880
>> Thank you. If you were moving the

258
00:11:40,880 --> 00:11:45,040
generator to the backyard, would that be

259
00:11:45,040 --> 00:11:47,200
kind of up or below on that picture?

260
00:11:47,200 --> 00:11:48,720
Because right now it's

261
00:11:48,720 --> 00:11:49,440
>> on the side.

262
00:11:49,440 --> 00:11:51,120
>> Um, it would be above. So, the rear of

263
00:11:51,120 --> 00:11:53,920
our house is the the top of the page.

264
00:11:53,920 --> 00:11:56,560
>> Okay. And I do see that pool now. So,

265
00:11:56,560 --> 00:11:58,640
the location where it is now, I mean,

266
00:11:58,640 --> 00:12:02,160
just seems like undeniably closer to a

267
00:12:02,160 --> 00:12:04,160
house than it would be if you moved it

268
00:12:04,160 --> 00:12:05,200
towards the pool.

269
00:12:05,200 --> 00:12:06,639
>> Yes, ma'am.

270
00:12:06,639 --> 00:12:08,880
>> Okay. Just wanted to be sure I was

271
00:12:08,880 --> 00:12:10,240
seeing that. Okay. Thank you.

272
00:12:10,240 --> 00:12:12,079
>> Any other questions for the applicant?

273
00:12:12,079 --> 00:12:12,639
Gary?

274
00:12:12,639 --> 00:12:14,880
>> Uh, yes. Thank you. Where is where's the

275
00:12:14,880 --> 00:12:16,720
air conditioning unit?

276
00:12:16,720 --> 00:12:18,800
>> Um, the there is one air conditioning

277
00:12:18,800 --> 00:12:21,120
unit that services the garage which is

278
00:12:21,120 --> 00:12:24,639
on this. Um, yes. Uh, so that large tree

279
00:12:24,639 --> 00:12:26,560
right there, it is placed right there.

280
00:12:26,560 --> 00:12:28,639
Um, the house itself is geothermal. So,

281
00:12:28,639 --> 00:12:30,959
I do not have outdoor units.

282
00:12:30,959 --> 00:12:32,959
>> Sorry, say that again. Uh,

283
00:12:32,959 --> 00:12:34,800
>> uh, the units for the house, the

284
00:12:34,800 --> 00:12:37,680
interior are um, geothermal. So they do

285
00:12:37,680 --> 00:12:42,310
not use outside units,

286
00:12:42,320 --> 00:12:44,160
» but there is a mini split in the garage

287
00:12:44,160 --> 00:12:46,320
which we just pointed out

288
00:12:46,320 --> 00:12:48,720
>> and that has an outdoor unit.

289
00:12:48,720 --> 00:12:49,920
>> Thank you, sir.

290
00:12:49,920 --> 00:12:51,760
>> Any other questions for

291
00:12:51,760 --> 00:12:53,279
>> go back to that

292
00:12:53,279 --> 00:12:55,760
>> picture that we had up there with the

293
00:12:55,760 --> 00:12:58,720
white facade? Looking at that, are we

294
00:12:58,720 --> 00:13:02,639
looking to the northeast? And um

295
00:13:02,639 --> 00:13:06,079
>> yes, you are. You're facing uh the north

296
00:13:06,079 --> 00:13:07,839
the northwest.

297
00:13:07,839 --> 00:13:09,680
>> You're facing northwest. So you're

298
00:13:09,680 --> 00:13:12,320
standing on the south.

299
00:13:12,320 --> 00:13:13,839
>> Wow. This is directionally challenging

300
00:13:13,839 --> 00:13:14,720
here.

301
00:13:14,720 --> 00:13:17,360
>> The southwest uh southeast of the uh

302
00:13:17,360 --> 00:13:17,839
corner.

303
00:13:17,839 --> 00:13:19,760
>> Where is the white truck and the black

304
00:13:19,760 --> 00:13:21,360
SUV?

305
00:13:21,360 --> 00:13:23,120
>> That's 93rd Court.

306
00:13:23,120 --> 00:13:23,600
>> Huh.

307
00:13:23,600 --> 00:13:26,480
>> That is 93rd Court. So the house faces

308
00:13:26,480 --> 00:13:28,320
Lee Boulevard.

309
00:13:28,320 --> 00:13:31,760
There is a uh an L-shaped road that runs

310
00:13:31,760 --> 00:13:33,680
by. that's 93rd court and then it turns

311
00:13:33,680 --> 00:13:35,360
into something else, but it's uh there's

312
00:13:35,360 --> 00:13:40,230
no uh further access.

313
00:13:40,240 --> 00:13:43,839
» I I tend to agree with Katherine in that

314
00:13:43,839 --> 00:13:46,800
it seems like it's very close to your

315
00:13:46,800 --> 00:13:48,240
south neighbor

316
00:13:48,240 --> 00:13:50,800
>> and his property and the driveway that's

317
00:13:50,800 --> 00:13:53,040
right there. And I'm surprised that they

318
00:13:53,040 --> 00:13:55,279
didn't object when they received the

319
00:13:55,279 --> 00:13:57,760
letter, but that's my own personal

320
00:13:57,760 --> 00:13:59,600
opinion.

321
00:13:59,600 --> 00:14:01,600
>> Any other questions for the applicant?

322
00:14:01,600 --> 00:14:03,760
Do do we know what do you know what the

323
00:14:03,760 --> 00:14:06,079
decibel level is on at the property

324
00:14:06,079 --> 00:14:09,279
line? um currently untreated. It is in

325
00:14:09,279 --> 00:14:12,639
excess of what is what is required. It's

326
00:14:12,639 --> 00:14:13,680
in excess of

327
00:14:13,680 --> 00:14:15,279
>> it's in excess of what is currently

328
00:14:15,279 --> 00:14:16,880
required and that's why part of the

329
00:14:16,880 --> 00:14:19,680
variance does include moving it back

330
00:14:19,680 --> 00:14:22,480
towards the house to move it um I think

331
00:14:22,480 --> 00:14:25,279
we get within a foot of reaching the

332
00:14:25,279 --> 00:14:28,160
required setback but we are a foot short

333
00:14:28,160 --> 00:14:30,560
but then it would we would build further

334
00:14:30,560 --> 00:14:32,720
build a brick wall with shrubbery

335
00:14:32,720 --> 00:14:35,680
enclosure and possibly exploring a top

336
00:14:35,680 --> 00:14:38,480
over it to control sound. Well, Travis,

337
00:14:38,480 --> 00:14:41,040
they they have to comply with the noise

338
00:14:41,040 --> 00:14:43,440
requirements to get a final permit

339
00:14:43,440 --> 00:14:44,560
signed off on, right?

340
00:14:44,560 --> 00:14:46,320
>> Yeah, they'd have to there's like zombie

341
00:14:46,320 --> 00:14:47,920
box. There's different products you

342
00:14:47,920 --> 00:14:49,360
could use, but they have to meet the

343
00:14:49,360 --> 00:14:51,199
decibel level even if this were

344
00:14:51,199 --> 00:14:52,000
approved.

345
00:14:52,000 --> 00:14:52,880
>> So, where

346
00:14:52,880 --> 00:14:55,920
>> that's not part of the variance.

347
00:14:55,920 --> 00:14:57,519
>> That's going to be required regardless.

348
00:14:57,519 --> 00:14:58,320
>> Yes. Correct.

349
00:14:58,320 --> 00:14:58,959
>> Okay.

350
00:14:58,959 --> 00:15:01,279
>> Um I I think I would just is more of a

351
00:15:01,279 --> 00:15:05,199
proverbial question. Um this could again

352
00:15:05,199 --> 00:15:07,760
a mistake was made. Um, I think in the

353
00:15:07,760 --> 00:15:09,600
inspection process, if this would have

354
00:15:09,600 --> 00:15:12,079
been raised at a a point when the house

355
00:15:12,079 --> 00:15:14,160
was being inspected for the electrical

356
00:15:14,160 --> 00:15:16,079
system, it would have been much easier

357
00:15:16,079 --> 00:15:18,959
to remedy. So, I'm here now because it

358
00:15:18,959 --> 00:15:22,639
essentially would mean um I I'm not sure

359
00:15:22,639 --> 00:15:25,360
that we can move it. So, if if it is

360
00:15:25,360 --> 00:15:27,519
struck down, then I will take it out.

361
00:15:27,519 --> 00:15:29,839
So, which it it is what it is, and I'm

362
00:15:29,839 --> 00:15:31,600
willing to accept that. But the point of

363
00:15:31,600 --> 00:15:36,720
the variance is moving it um comes at an

364
00:15:36,720 --> 00:15:38,560
extreme expense. So,

365
00:15:38,560 --> 00:15:40,399
>> and what you say makes perfect sense,

366
00:15:40,399 --> 00:15:41,760
but you're addressing one of the

367
00:15:41,760 --> 00:15:44,000
dilemmas we have is your board zoning.

368
00:15:44,000 --> 00:15:44,320
Yeah.

369
00:15:44,320 --> 00:15:46,320
>> We we enforce the law as it's written.

370
00:15:46,320 --> 00:15:48,160
We don't get to make changes in it based

371
00:15:48,160 --> 00:15:50,079
on what we think is a good idea.

372
00:15:50,079 --> 00:15:52,880
>> No, certainly. Um I think I just it it

373
00:15:52,880 --> 00:15:54,639
Yeah, I I don't mean to belabor a point.

374
00:15:54,639 --> 00:15:56,720
I think I've wondered about the legal

375
00:15:56,720 --> 00:15:58,240
recourse for isn't the point of

376
00:15:58,240 --> 00:16:01,600
inspections to find and flag and if they

377
00:16:01,600 --> 00:16:04,480
don't perform their job, isn't liability

378
00:16:04,480 --> 00:16:06,320
shared? Uh, that's not a question for

379
00:16:06,320 --> 00:16:07,759
here. So, I would just

380
00:16:07,759 --> 00:16:09,360
>> Well, well, let's since that's been

381
00:16:09,360 --> 00:16:10,880
mentioned three times now, let me just

382
00:16:10,880 --> 00:16:13,680
ask staff what do we have to say about

383
00:16:13,680 --> 00:16:14,480
that?

384
00:16:14,480 --> 00:16:16,639
>> Looking at the inspection record, it is

385
00:16:16,639 --> 00:16:18,880
unclear, you know. So, if we go out on

386
00:16:18,880 --> 00:16:21,680
an initial inspection, we might flag 10

387
00:16:21,680 --> 00:16:23,759
items. We don't come back and do a

388
00:16:23,759 --> 00:16:26,399
complete review of the whole house. We

389
00:16:26,399 --> 00:16:27,680
just come back and look at those

390
00:16:27,680 --> 00:16:30,320
specific items that we have called out

391
00:16:30,320 --> 00:16:32,399
on that initial inspection. It's

392
00:16:32,399 --> 00:16:33,839
impossible to look at the inspection

393
00:16:33,839 --> 00:16:37,040
record and say when the generator went

394
00:16:37,040 --> 00:16:40,240
in, if staff would have even seen it on

395
00:16:40,240 --> 00:16:41,519
inspection, because if they're on a

396
00:16:41,519 --> 00:16:43,600
reinspection, they wouldn't necessarily

397
00:16:43,600 --> 00:16:45,120
be looking at the generator

398
00:16:45,120 --> 00:16:46,320
specifically.

399
00:16:46,320 --> 00:16:48,160
>> And with it not being on the plans, they

400
00:16:48,160 --> 00:16:50,399
certainly wouldn't have that triggered

401
00:16:50,399 --> 00:16:51,680
to look at.

402
00:16:51,680 --> 00:16:53,360
>> Okay.

403
00:16:53,360 --> 00:16:55,279
>> Any any questions for staff and the

404
00:16:55,279 --> 00:16:55,759
applicant?

405
00:16:55,759 --> 00:16:57,759
>> Just to pursue that a little bit more,

406
00:16:57,759 --> 00:17:00,720
Travis, when was the final inspection

407
00:17:00,720 --> 00:17:04,880
done? Was the air was the generator

408
00:17:04,880 --> 00:17:08,319
there when they did the final

409
00:17:08,319 --> 00:17:10,959
>> per what they've provided to us? It

410
00:17:10,959 --> 00:17:14,799
probably it likely was there at refinal

411
00:17:14,799 --> 00:17:18,400
inspection. But again, if we've flagged

412
00:17:18,400 --> 00:17:20,959
five items, you're looking at five

413
00:17:20,959 --> 00:17:23,360
specific items on a refinal. You're not

414
00:17:23,360 --> 00:17:25,360
going back and reviewing the entire

415
00:17:25,360 --> 00:17:28,880
house, all accessory uses, anything like

416
00:17:28,880 --> 00:17:31,440
that. You're looking at very specific,

417
00:17:31,440 --> 00:17:34,400
you know, sod splash blocks. You, you

418
00:17:34,400 --> 00:17:36,480
know, you might have several, you're

419
00:17:36,480 --> 00:17:38,400
looking at those specific deficiencies.

420
00:17:38,400 --> 00:17:42,480
You're not doing a complete final every

421
00:17:42,480 --> 00:17:45,120
time you come out for a refinal

422
00:17:45,120 --> 00:17:48,160
inspection. So, it's really it's hard to

423
00:17:48,160 --> 00:17:49,840
say.

424
00:17:49,840 --> 00:17:50,480
>> Thank you.

425
00:17:50,480 --> 00:17:52,320
>> May May I add just one last thing and

426
00:17:52,320 --> 00:17:54,799
then I will be finished. Um the

427
00:17:54,799 --> 00:17:56,559
generator was installed somewhere

428
00:17:56,559 --> 00:17:59,760
between uh March 13 and March 20th of

429
00:17:59,760 --> 00:18:02,960
2025. So that is a three three full

430
00:18:02,960 --> 00:18:05,280
months in advance um of final

431
00:18:05,280 --> 00:18:08,400
inspections. So there was a handful um

432
00:18:08,400 --> 00:18:11,760
again which I I called out um

433
00:18:11,760 --> 00:18:14,080
uh but that would have most certainly

434
00:18:14,080 --> 00:18:15,760
included preliminary electrical

435
00:18:15,760 --> 00:18:17,760
inspections because it was installed

436
00:18:17,760 --> 00:18:19,280
with the entirety of the electrical

437
00:18:19,280 --> 00:18:20,880
systems in the house.

438
00:18:20,880 --> 00:18:22,799
>> I I appreciate that. But you've already

439
00:18:22,799 --> 00:18:25,200
acknowledged you understand that the the

440
00:18:25,200 --> 00:18:26,880
board doesn't have the power to balance

441
00:18:26,880 --> 00:18:28,960
equities. That's that's not what our job

442
00:18:28,960 --> 00:18:30,559
is here. Yes, sir. Okay.

443
00:18:30,559 --> 00:18:31,520
>> I I

444
00:18:31,520 --> 00:18:33,280
>> just wanted to make sure. But but before

445
00:18:33,280 --> 00:18:35,360
you go away, let me let me give you a

446
00:18:35,360 --> 00:18:40,320
chance. The the difficult ones for us to decide that we have these five

447
00:18:40,320 --> 00:18:42,720
criteria that has to pass for us to

448
00:18:42,720 --> 00:18:44,559
>> do this and and the two that cause

449
00:18:44,559 --> 00:18:46,720
problems are uniqueness of the property

450
00:18:46,720 --> 00:18:50,080
and hardship. And I'm sure I don't know

451
00:18:50,080 --> 00:18:52,080
if you already have a leg understanding

452
00:18:52,080 --> 00:18:54,880
of what those terms mean legally, but uh

453
00:18:54,880 --> 00:18:58,000
unique doesn't mean one of a kind in the

454
00:18:58,000 --> 00:19:00,400
entire universe. Unique means an unusual

455
00:19:00,400 --> 00:19:03,679
situation. Hardship basically means our

456
00:19:03,679 --> 00:19:05,840
ordinances or not allowing you to do

457
00:19:05,840 --> 00:19:09,039
with your property um use your property

458
00:19:09,039 --> 00:19:11,360
in a meaningful way. In other words, you

459
00:19:11,360 --> 00:19:12,960
know, we're we're because of our

460
00:19:12,960 --> 00:19:15,200
ordinances, somebody's

461
00:19:15,200 --> 00:19:16,880
in in easements, they've only got they

462
00:19:16,880 --> 00:19:18,960
can only build a 1,200 square foot home.

463
00:19:18,960 --> 00:19:20,640
That's that's that's hardship.

464
00:19:20,640 --> 00:19:21,120
>> Yep.

465
00:19:21,120 --> 00:19:25,120
>> Um so, if you want to to take your your

466
00:19:25,120 --> 00:19:27,280
shot at convincing us of uniqueness and

467
00:19:27,280 --> 00:19:29,600
hardship, I'd certainly like to have you

468
00:19:29,600 --> 00:19:35,190
do that before we give up on this. Um,

469
00:19:35,200 --> 00:19:36,960
I I think to be honest, I don't know

470
00:19:36,960 --> 00:19:39,280
that in in good faith I could make an

471
00:19:39,280 --> 00:19:40,320
argument for either.

472
00:19:40,320 --> 00:19:42,400
>> I appreciate that. I I really do

473
00:19:42,400 --> 00:19:44,559
appreciate your honesty very much. Uh,

474
00:19:44,559 --> 00:19:47,360
any other questions?

475
00:19:47,360 --> 00:19:48,799
All right. Well, with that we go through

476
00:19:48,799 --> 00:19:51,520
the five criteria and uh you may have a

477
00:19:51,520 --> 00:19:53,200
seat and if we want to talk to you some

478
00:19:53,200 --> 00:19:54,400
more, we'll call you back out. Thank

479
00:19:54,400 --> 00:19:55,520
you.

480
00:19:55,520 --> 00:19:56,880
>> Editorial, please.

481
00:19:56,880 --> 00:19:57,679
>> Of course.

482
00:19:57,679 --> 00:20:00,640
>> Um, you learned a lot in this process.

483
00:20:00,640 --> 00:20:02,720
Um, we really don't like it when people

484
00:20:02,720 --> 00:20:04,960
build something and then ask for a

485
00:20:04,960 --> 00:20:07,200
permit. And I'm not barking at you, but

486
00:20:07,200 --> 00:20:09,200
you're whoever did this work for you

487
00:20:09,200 --> 00:20:11,280
should have known. Should have known to

488
00:20:11,280 --> 00:20:13,600
look for the appropriate documentation

489
00:20:13,600 --> 00:20:15,840
to put that in place. I'd chew on that

490
00:20:15,840 --> 00:20:19,669
guy if I were you.

491
00:20:19,679 --> 00:20:22,080
Okay. Having having is there anything

492
00:20:22,080 --> 00:20:24,640
else to say before we get on with our

493
00:20:24,640 --> 00:20:26,640
consideration of the factors? All right.

494
00:20:26,640 --> 00:20:28,559
Well, we have the five factors we

495
00:20:28,559 --> 00:20:31,120
have to uh consider and the first is

496
00:20:31,120 --> 00:20:32,960
uniqueness of the property. Are there

497
00:20:32,960 --> 00:20:34,720
any is there any further discussion on

498
00:20:34,720 --> 00:20:38,870
uniqueness?

499
00:20:38,880 --> 00:20:40,720
» Okay. All those who believe it's met

500
00:20:40,720 --> 00:20:42,799
this criteria, please say I.

501
00:20:42,799 --> 00:20:43,840
>> I.

502
00:20:43,840 --> 00:20:46,880
>> All those who uh don't believe it met

503
00:20:46,880 --> 00:20:48,400
this criteria say nay.

504
00:20:48,400 --> 00:20:50,640
>> Nay.

505
00:20:50,640 --> 00:20:54,080
>> No, I didn't hear your vote.

506
00:20:54,080 --> 00:20:56,720
>> Yes, I l to the

507
00:20:56,720 --> 00:20:57,840
uniqueness

508
00:20:57,840 --> 00:20:58,720
>> to what?

509
00:20:58,720 --> 00:21:01,200
>> I lean to the uniqueness reserve

510
00:21:01,200 --> 00:21:02,799
reservedly.

511
00:21:02,799 --> 00:21:05,360
>> So, so you you are saying I you believe

512
00:21:05,360 --> 00:21:08,000
it's met the uniqueness criteria.

513
00:21:08,000 --> 00:21:10,400
>> Okay. And and you two say nay. So that

514
00:21:10,400 --> 00:21:16,149
means I have to vote. I say nay.

515
00:21:16,159 --> 00:21:18,240
Uh rights of adjacent property owners

516
00:21:18,240 --> 00:21:21,919
have have uh letters gone out.

517
00:21:21,919 --> 00:21:24,240
>> Yes. No calls or concerns.

518
00:21:24,240 --> 00:21:27,919
>> Okay. Um, is I guess I should ask is

519
00:21:27,919 --> 00:21:29,760
there anybody here who wants to speak on

520
00:21:29,760 --> 00:21:31,039
this one way or the other? I'm a little

521
00:21:31,039 --> 00:21:33,200
late with that, but

522
00:21:33,200 --> 00:21:35,440
Okay. All right. Rights adjacent

523
00:21:35,440 --> 00:21:37,840
property owners. Any discussion?

524
00:21:37,840 --> 00:21:42,720
>> Mr. Chairman, I'll just comment on that even if the current property owner

525
00:21:42,720 --> 00:21:45,679
is okay with it. Um, it is really really

526
00:21:45,679 --> 00:21:47,280
close to that property, I'd be concerned

527
00:21:47,280 --> 00:21:49,679
about future property owners um and

528
00:21:49,679 --> 00:21:51,039
their rights. So, I don't think that's

529
00:21:51,039 --> 00:21:53,520
been met. So, all those who believe it's

530
00:21:53,520 --> 00:21:56,480
met this criteria, please say I.

531
00:21:56,480 --> 00:21:58,000
>> Oppose. Nay.

532
00:21:58,000 --> 00:21:59,919
>> Nay.

533
00:21:59,919 --> 00:22:01,520
>> I didn't hear any eyes. Did I miss

534
00:22:01,520 --> 00:22:03,200
something?

535
00:22:03,200 --> 00:22:05,039
>> What? No.

536
00:22:05,039 --> 00:22:08,720
>> Okay. Uh, hardship. Any discussion on

537
00:22:08,720 --> 00:22:14,310
the hardship criteria?

538
00:22:14,320 --> 00:22:16,000
Okay. All those who believe it's met

539
00:22:16,000 --> 00:22:18,400
this criteria, please say I.

540
00:22:18,400 --> 00:22:19,760
>> Oppose. Nay.

541
00:22:19,760 --> 00:22:21,440
>> Nay.

542
00:22:21,440 --> 00:22:24,320
public safety and general welfare.

543
00:22:24,320 --> 00:22:25,679
There's a lot of generators around.

544
00:22:25,679 --> 00:22:27,840
Anybody have any comments on public

545
00:22:27,840 --> 00:22:30,480
safety and general welfare?

546
00:22:30,480 --> 00:22:31,760
All those who believe it's met this

547
00:22:31,760 --> 00:22:33,200
criteria, please say I.

548
00:22:33,200 --> 00:22:34,000
>> I.

549
00:22:34,000 --> 00:22:35,280
>> Oppose? Nay.

550
00:22:35,280 --> 00:22:36,559
>> Nay.

551
00:22:36,559 --> 00:22:38,080
>> That's two and two. I'm going to say I

552
00:22:38,080 --> 00:22:39,760
on this one. I don't see any problem

553
00:22:39,760 --> 00:22:41,919
with public safety and general welfare.

554
00:22:41,919 --> 00:22:44,240
Spirit and intent. Any comments on

555
00:22:44,240 --> 00:22:47,750
spirit and intent?

556
00:22:47,760 --> 00:22:49,120
All those who believe it's met this

557
00:22:49,120 --> 00:22:51,760
criteria, please say I.

558
00:22:51,760 --> 00:22:52,960
>> Oppose. Nay.

559
00:22:52,960 --> 00:22:53,760
>> Nay.

560
00:22:53,760 --> 00:22:58,480
>> Okay. So, having not met um all five of

561
00:22:58,480 --> 00:23:00,240
that criteria, the only thing we can

562
00:23:00,240 --> 00:23:02,640
entertain is a motion to deny the

563
00:23:02,640 --> 00:23:07,200
request for a variance. Um

564
00:23:07,200 --> 00:23:10,720
in this case 59-2026,

565
00:23:10,720 --> 00:23:15,200
>> Mr. Chairman, case 59 2026 2301 Lee

566
00:23:15,200 --> 00:23:17,440
Boulevard request for a variance to the

567
00:23:17,440 --> 00:23:19,360
placement of a permanently installed

568
00:23:19,360 --> 00:23:21,280
generate in accordance with the LDO

569
00:23:21,280 --> 00:23:25,510
section 16-4-1.3A

570
00:23:25,520 --> 00:23:31,350
7D in the R1 district. I move

571
00:23:31,360 --> 00:23:31,840
it.

572
00:23:31,840 --> 00:23:34,720
>> I got a motion to deny.

573
00:23:34,720 --> 00:23:36,640
Have a second. All those in favor of

574
00:23:36,640 --> 00:23:38,400
denial, please say I.

575
00:23:38,400 --> 00:23:41,919
>> I oppose. Nay. it's denied, you'll be

576
00:23:41,919 --> 00:23:45,760
notified. Um the sec next case we have,

577
00:23:45,760 --> 00:23:48,320
folks, is the same property as you as

578
00:23:48,320 --> 00:23:53,840
you know. Um it's 60-20269301

579
00:23:53,840 --> 00:23:57,679
Lee Boulevard. Um just for the record,

580
00:23:57,679 --> 00:24:01,909
does staff have a report?

581
00:24:01,919 --> 00:24:03,919
The applicant has placed a generator

582
00:24:03,919 --> 00:24:07,200
side yard set back 13t 1 and 1/2 in from

583
00:24:07,200 --> 00:24:08,960
the property line. And a variance of 1T

584
00:24:08,960 --> 00:24:10,480
10 and a half is needed to keep the

585
00:24:10,480 --> 00:24:14,159
generator in its current location.

586
00:24:14,159 --> 00:24:18,799
>> So the last one was location and or the yard it's in and this one is the

587
00:24:18,799 --> 00:24:20,960
distance from the setback.

588
00:24:20,960 --> 00:24:25,440
>> But if it denied being in the side,

589
00:24:25,440 --> 00:24:27,440
Kelsey,

590
00:24:27,440 --> 00:24:28,960
do we need to vote on this one?

591
00:24:28,960 --> 00:24:30,960
>> Yes, I would still vote on each factor

592
00:24:30,960 --> 00:24:31,919
to make a record.

593
00:24:31,919 --> 00:24:34,400
>> All righty then. Um, do you want to say

594
00:24:34,400 --> 00:24:36,960
anything else, sir? I'm noting for the

595
00:24:36,960 --> 00:24:38,400
record that the applicant shaking his

596
00:24:38,400 --> 00:24:40,480
head. No. Is there anybody who's here to

597
00:24:40,480 --> 00:24:43,360
speak on this one one way or the other?

598
00:24:43,360 --> 00:24:45,360
All right. Then a uniqueness of

599
00:24:45,360 --> 00:24:48,080
property. Any comments? All those who

600
00:24:48,080 --> 00:24:49,679
believe it's met this criteria, please

601
00:24:49,679 --> 00:24:52,080
say I. Oppose. Nay.

602
00:24:52,080 --> 00:24:53,039
>> Nay.

603
00:24:53,039 --> 00:24:55,279
>> Rights of adjacent property owners. All

604
00:24:55,279 --> 00:24:56,480
those who believe it's met this

605
00:24:56,480 --> 00:24:58,400
criteria, please say I.

606
00:24:58,400 --> 00:24:58,960
>> I.

607
00:24:58,960 --> 00:25:00,320
>> Oppose. Nay.

608
00:25:00,320 --> 00:25:01,600
>> Nay.

609
00:25:01,600 --> 00:25:04,400
>> I think that's three to one. Is that Is

610
00:25:04,400 --> 00:25:07,039
that what we got? Mel, you were a nay.

611
00:25:07,039 --> 00:25:08,799
Okay.

612
00:25:08,799 --> 00:25:11,360
>> Hardship. All those who believe it's met

613
00:25:11,360 --> 00:25:14,320
this criteria, please say I.

614
00:25:14,320 --> 00:25:16,000
>> All those

615
00:25:16,000 --> 00:25:19,039
>> I Okay. All oppose say nay.

616
00:25:19,039 --> 00:25:21,120
>> Nay.

617
00:25:21,120 --> 00:25:24,640
>> No. I'm sorry. It comes nay. Okay.

618
00:25:24,640 --> 00:25:26,720
Public safety and general welfare. All

619
00:25:26,720 --> 00:25:28,320
those who believe it's met this

620
00:25:28,320 --> 00:25:29,840
criteria, please say I.

621
00:25:29,840 --> 00:25:30,960
>> I.

622
00:25:30,960 --> 00:25:32,240
>> Oppose. Nay.

623
00:25:32,240 --> 00:25:35,760
>> Nay. I'm going to side with the eyes on

624
00:25:35,760 --> 00:25:37,760
this one. I don't see the problem there.

625
00:25:37,760 --> 00:25:40,000
Spirit and intent. Um, all those who

626
00:25:40,000 --> 00:25:41,600
believe it's met this criteria, please

627
00:25:41,600 --> 00:25:43,279
say I.

628
00:25:43,279 --> 00:25:44,480
>> Oppose. Nay.

629
00:25:44,480 --> 00:25:45,440
>> Nay.

630
00:25:45,440 --> 00:25:48,960
>> I'm going to say um I'll say nay on this

631
00:25:48,960 --> 00:25:50,559
one.

632
00:25:50,559 --> 00:25:53,200
>> Okay. Um, having not passed the five

633
00:25:53,200 --> 00:25:55,360
criteria, all we can do is entertain a

634
00:25:55,360 --> 00:25:57,679
motion to deny this request for variance

635
00:25:57,679 --> 00:25:59,919
to the sideyard setback. Do I have such

636
00:25:59,919 --> 00:26:03,279
a motion? like to make a motion on case

637
00:26:03,279 --> 00:26:06,000
number 6-20226

638
00:26:06,000 --> 00:26:08,880
at 9301 Lee Boulevard request for a

639
00:26:08,880 --> 00:26:11,120
variance to the side setback in

640
00:26:11,120 --> 00:26:13,520
accordance with the LDO section

641
00:26:13,520 --> 00:26:16,549
16-2-5.3D

642
00:26:16,559 --> 00:26:20,240
in an R1 district. Move to deny.

643
00:26:20,240 --> 00:26:21,360
>> Second.

644
00:26:21,360 --> 00:26:23,520
>> Got a motion and a second. All those in

645
00:26:23,520 --> 00:26:25,440
favor of the motion to deny, please say

646
00:26:25,440 --> 00:26:26,080
I.

647
00:26:26,080 --> 00:26:26,640
>> I.

648
00:26:26,640 --> 00:26:27,679
>> Oppose. Nay.

649
00:26:27,679 --> 00:26:28,880
>> Nay.

650
00:26:28,880 --> 00:26:31,520
>> Okay. So, three to one. Is that what I'm

651
00:26:31,520 --> 00:26:35,279
seeing? Okay. All right. That's that's

652
00:26:35,279 --> 00:26:37,279
it. Thank you for coming in and for your

653
00:26:37,279 --> 00:26:38,880
professional approach to this. I'm sorry

654
00:26:38,880 --> 00:26:44,710
for your troubles. Okay.

655
00:26:44,720 --> 00:26:48,880
Our next case is case 61-2026

656
00:26:48,880 --> 00:26:52,640
8319 Meadow Lane. request for a variance

657
00:26:52,640 --> 00:26:58,070
to the placement of a sport c sport

658
00:26:58,080 --> 00:27:02,480
within 20 ft of any rear or side line in

659
00:27:02,480 --> 00:27:04,480
accordance with the LDO. Does staff have

660
00:27:04,480 --> 00:27:05,679
a report?

661
00:27:05,679 --> 00:27:07,919
>> The applicant has converted a previously

662
00:27:07,919 --> 00:27:11,200
approved patio from 2025 into a sport

663
00:27:11,200 --> 00:27:13,200
court. The north edge of the sport court

664
00:27:13,200 --> 00:27:16,240
is 13 ft from the side property line.

665
00:27:16,240 --> 00:27:18,480
Sport courts are required to be 20 ft

666
00:27:18,480 --> 00:27:20,720
from the side property line. A variance

667
00:27:20,720 --> 00:27:22,960
of seven feet is needed to keep the

668
00:27:22,960 --> 00:27:25,840
sport court in its current location.

669
00:27:25,840 --> 00:27:29,520
>> Any questions for staff?

670
00:27:29,520 --> 00:27:33,600
>> So, so 2025 application was approved

671
00:27:33,600 --> 00:27:36,320
>> for a patio.

672
00:27:36,320 --> 00:27:39,120
>> has he done anything other than erect

673
00:27:39,120 --> 00:27:41,600
the basketball court?

674
00:27:41,600 --> 00:27:45,669
>> No.

675
00:27:45,679 --> 00:27:48,720
» Any other questions for staff?

676
00:27:48,720 --> 00:27:50,400
I see the applicant. Would you give us

677
00:27:50,400 --> 00:27:51,760
your name and address for the record,

678
00:27:51,760 --> 00:27:52,480
please?

679
00:27:52,480 --> 00:27:55,919
>> Yes. David Terrell, 8319 Meadow Lane.

680
00:27:55,919 --> 00:27:57,200
>> Thank you very much. You may present

681
00:27:57,200 --> 00:27:58,480
your case.

682
00:27:58,480 --> 00:28:00,000
>> Uh, thank you. I know you guys take it

683
00:28:00,000 --> 00:28:01,520
by the five factors, so I'll try to

684
00:28:01,520 --> 00:28:03,279
address those in order. I'll be rather

685
00:28:03,279 --> 00:28:05,200
brief and allow you guys to ask any

686
00:28:05,200 --> 00:28:06,640
questions you may have.

687
00:28:06,640 --> 00:28:09,360
>> Um, first, as to the uniqueness of the

688
00:28:09,360 --> 00:28:11,760
property, I believe that the primary

689
00:28:11,760 --> 00:28:14,240
factor here is it is a 1949 home built

690
00:28:14,240 --> 00:28:16,399
in Old Leewood. So it is commiserate

691
00:28:16,399 --> 00:28:17,919
with that other area with a lot of stone

692
00:28:17,919 --> 00:28:20,880
basements and some of that um issue.

693
00:28:20,880 --> 00:28:22,799
What led to our patio project to begin

694
00:28:22,799 --> 00:28:24,159
with was the fact that we were having

695
00:28:24,159 --> 00:28:25,840
storm water drainage issues that were

696
00:28:25,840 --> 00:28:27,840
flooding not only our basement but also

697
00:28:27,840 --> 00:28:30,640
the basement to the north of our home.

698
00:28:30,640 --> 00:28:33,600
Um, what what transpired from there, if

699
00:28:33,600 --> 00:28:37,590
I can use the elbow,

700
00:28:37,600 --> 00:28:39,360
was that we did drainage studies to try

701
00:28:39,360 --> 00:28:41,039
to determine how we could best remediate

702
00:28:41,039 --> 00:28:42,720
some of that storm water drainage, not

703
00:28:42,720 --> 00:28:44,240
only for our own home, but for the

704
00:28:44,240 --> 00:28:46,000
neighbor to the north. And through that,

705
00:28:46,000 --> 00:28:47,840
you can see where the drainage lies.

706
00:28:47,840 --> 00:28:49,600
North is on the right side of the

707
00:28:49,600 --> 00:28:51,760
drainage study here. It comes across

708
00:28:51,760 --> 00:28:55,039
part of the back portion of our lot

709
00:28:55,039 --> 00:28:57,200
and leads towards that neighbor to our

710
00:28:57,200 --> 00:28:59,360
north. And the drainage solution was not

711
00:28:59,360 --> 00:29:01,520
only a burm there to try to capture that

712
00:29:01,520 --> 00:29:03,760
groundwater, but then to create a very

713
00:29:03,760 --> 00:29:06,000
large infiltration trench in the

714
00:29:06,000 --> 00:29:07,760
backyard to capture the water and then

715
00:29:07,760 --> 00:29:09,840
we spent a lot of money on pumps and

716
00:29:09,840 --> 00:29:11,679
other things to try to get it out to the

717
00:29:11,679 --> 00:29:13,760
setback from the street to lead into the

718
00:29:13,760 --> 00:29:16,080
city storm water drainage system.

719
00:29:16,080 --> 00:29:18,320
>> This was one of the two remediation

720
00:29:18,320 --> 00:29:19,760
projects. The other occurred on the

721
00:29:19,760 --> 00:29:21,039
other side of the property to catch the

722
00:29:21,039 --> 00:29:22,320
remaining water that was hitting our

723
00:29:22,320 --> 00:29:24,320
house. Through this process, we knew

724
00:29:24,320 --> 00:29:26,080
that we may want to convert that area

725
00:29:26,080 --> 00:29:27,440
while we're doing the construction into

726
00:29:27,440 --> 00:29:29,760
a play area for the kids. put a permit

727
00:29:29,760 --> 00:29:33,279
put a permitted patio in there and we

728
00:29:33,279 --> 00:29:36,000
reviewed um and I'm going to kind of

729
00:29:36,000 --> 00:29:37,760
jump into some of the other factors as I

730
00:29:37,760 --> 00:29:39,679
go through this process, but we knew

731
00:29:39,679 --> 00:29:42,399
that we may want to add that additional

732
00:29:42,399 --> 00:29:44,000
play area in the future. So, we reviewed

733
00:29:44,000 --> 00:29:45,520
what the sport court requirements were

734
00:29:45,520 --> 00:29:47,679
and per the application for the city at

735
00:29:47,679 --> 00:29:49,919
the time, there was conspicuous language

736
00:29:49,919 --> 00:29:52,559
indicating that there was a 10-foot

737
00:29:52,559 --> 00:29:56,000
setback for any side or boundary line

738
00:29:56,000 --> 00:29:57,760
required. And so when we talk about

739
00:29:57,760 --> 00:29:59,840
hardships here, we reviewed and relied

740
00:29:59,840 --> 00:30:01,520
upon the permit application that the

741
00:30:01,520 --> 00:30:04,000
city provided in order to determine that

742
00:30:04,000 --> 00:30:05,679
we were within the setback requirement

743
00:30:05,679 --> 00:30:07,120
in the event we wanted to convert the

744
00:30:07,120 --> 00:30:08,640
patio to a sport court through this

745
00:30:08,640 --> 00:30:09,440
process.

746
00:30:09,440 --> 00:30:13,200
>> So So when was this that that you that

747
00:30:13,200 --> 00:30:15,279
this happened? What what time? This was

748
00:30:15,279 --> 00:30:17,520
when before you put the patio in.

749
00:30:17,520 --> 00:30:17,919
>> Yes.

750
00:30:17,919 --> 00:30:19,440
>> Which was when

751
00:30:19,440 --> 00:30:21,919
>> we put the patio in last summer.

752
00:30:21,919 --> 00:30:23,919
>> Okay. So, when you made an when you made

753
00:30:23,919 --> 00:30:25,440
it, what you're saying is when you made

754
00:30:25,440 --> 00:30:28,399
an application last year to put the

755
00:30:28,399 --> 00:30:32,159
patio in, the city application said that

756
00:30:32,159 --> 00:30:35,520
a sport court had to be 10 ft and it

757
00:30:35,520 --> 00:30:36,720
still says it today.

758
00:30:36,720 --> 00:30:39,520
>> Okay.

759
00:30:39,520 --> 00:30:41,679
>> You looked on the page 86 of tonight's

760
00:30:41,679 --> 00:30:44,240
agenda, you'll see in our write up, we

761
00:30:44,240 --> 00:30:45,679
actually included some of this language,

762
00:30:45,679 --> 00:30:54,080
but you can see it's listed in two

763
00:30:54,080 --> 00:30:57,279
different sections actually. Um, one in

764
00:30:57,279 --> 00:30:59,440
this check box area right up here talks

765
00:30:59,440 --> 00:31:01,760
about 10 foot setback and then

766
00:31:01,760 --> 00:31:03,679
inconspicuous highly high highlighting

767
00:31:03,679 --> 00:31:04,960
and bold. It indicates in the

768
00:31:04,960 --> 00:31:06,399
application permit that it's only a

769
00:31:06,399 --> 00:31:08,159
10-ft setback.

770
00:31:08,159 --> 00:31:09,919
>> We were reasonable and relying upon

771
00:31:09,919 --> 00:31:11,039
this. We thought when we were working

772
00:31:11,039 --> 00:31:12,880
with our contractor to say if we want to

773
00:31:12,880 --> 00:31:14,399
convert this area into the sport court

774
00:31:14,399 --> 00:31:16,240
in the future, we would be able to do

775
00:31:16,240 --> 00:31:18,799
so. Um

776
00:31:18,799 --> 00:31:20,240
the long version of this, we complete

777
00:31:20,240 --> 00:31:21,600
the project and when we go to put the

778
00:31:21,600 --> 00:31:23,520
basketball goal up, we found that we did

779
00:31:23,520 --> 00:31:25,200
not have the sport court application

780
00:31:25,200 --> 00:31:26,880
permitted. One, and then two, they have

781
00:31:26,880 --> 00:31:29,520
changed the setback now to 20 ft as

782
00:31:29,520 --> 00:31:32,159
opposed to 10. We have approximately 13

783
00:31:32,159 --> 00:31:34,080
feet on the north boundary as opposed to

784
00:31:34,080 --> 00:31:36,080
the 20 that's now required under the new

785
00:31:36,080 --> 00:31:38,159
ordinance that was put in place at some

786
00:31:38,159 --> 00:31:40,000
time in 23 is my understanding, but that

787
00:31:40,000 --> 00:31:42,000
was not we were not aware of that

788
00:31:42,000 --> 00:31:45,679
obviously at the time. Um, so I kind of

789
00:31:45,679 --> 00:31:46,960
got off track there telling you the

790
00:31:46,960 --> 00:31:48,480
overall story, but let me get back. So

791
00:31:48,480 --> 00:31:50,399
the uniqueness of the property, I think

792
00:31:50,399 --> 00:31:52,159
the primary purpose is here that in

793
00:31:52,159 --> 00:31:53,840
order to remediate the water, we needed

794
00:31:53,840 --> 00:31:55,760
to have a storm water drainage solution

795
00:31:55,760 --> 00:31:58,320
that captured that area where the sport

796
00:31:58,320 --> 00:32:00,399
court is now placed, including a burm

797
00:32:00,399 --> 00:32:01,760
that had to be placed in a specific

798
00:32:01,760 --> 00:32:03,120
location. We were going to have to do

799
00:32:03,120 --> 00:32:04,960
hardcaping in order to capture the water

800
00:32:04,960 --> 00:32:06,720
there. Hence, the location of the patio

801
00:32:06,720 --> 00:32:08,640
was required to be that. And at this

802
00:32:08,640 --> 00:32:09,919
point, we wanted to make sure that we

803
00:32:09,919 --> 00:32:12,240
could also utilize it as a sport court.

804
00:32:12,240 --> 00:32:14,320
So, so the uniqueness just just to

805
00:32:14,320 --> 00:32:15,760
summarize what I hear you saying, you

806
00:32:15,760 --> 00:32:17,519
you're saying the uniqueness is in the

807
00:32:17,519 --> 00:32:20,399
fact that you have a unique drainage

808
00:32:20,399 --> 00:32:22,880
problem that you have to deal with and

809
00:32:22,880 --> 00:32:25,039
to deal with it effectively, you had to

810
00:32:25,039 --> 00:32:26,960
place the patio in that location.

811
00:32:26,960 --> 00:32:27,440
>> Yes.

812
00:32:27,440 --> 00:32:28,720
>> Okay. All right.

813
00:32:28,720 --> 00:32:29,919
>> That's the short version.

814
00:32:29,919 --> 00:32:31,440
>> That's a short version. I like short

815
00:32:31,440 --> 00:32:34,870
versions.

816
00:32:34,880 --> 00:32:39,590
If we uh

817
00:32:39,600 --> 00:32:41,679
if we look to rights of adjacent

818
00:32:41,679 --> 00:32:44,080
property owners, um I understand that

819
00:32:44,080 --> 00:32:46,000
there are some noise issues that could

820
00:32:46,000 --> 00:32:47,440
come with sport courts and that's

821
00:32:47,440 --> 00:32:49,600
probably why the setback was changed and

822
00:32:49,600 --> 00:32:51,840
I'm fully aware of that. I think that

823
00:32:51,840 --> 00:32:53,279
ultimately though we've done many things

824
00:32:53,279 --> 00:32:55,200
in this area to ensure that we have

825
00:32:55,200 --> 00:32:56,640
noise reduction by planting our

826
00:32:56,640 --> 00:32:58,080
providers along the fence line and

827
00:32:58,080 --> 00:32:59,919
having a large burm with some plantings

828
00:32:59,919 --> 00:33:01,919
on top of it. The neighbors to the north

829
00:33:01,919 --> 00:33:04,559
also um are in this part of old Leewood

830
00:33:04,559 --> 00:33:06,000
where there are a lot of homes on top of

831
00:33:06,000 --> 00:33:07,679
one another and they have a play area

832
00:33:07,679 --> 00:33:09,279
about five feet from that fence line.

833
00:33:09,279 --> 00:33:09,519
Yeah.

834
00:33:09,519 --> 00:33:11,440
>> Um and for what it's worth, I've spoken

835
00:33:11,440 --> 00:33:12,720
with them. They were aware of what our

836
00:33:12,720 --> 00:33:14,159
project was. Their kids have played on

837
00:33:14,159 --> 00:33:16,000
the patio. They don't have any objection

838
00:33:16,000 --> 00:33:17,840
to the placement of the sport court.

839
00:33:17,840 --> 00:33:20,720
>> Great. Um,

840
00:33:20,720 --> 00:33:24,159
in terms of hardship, I I understand

841
00:33:24,159 --> 00:33:26,159
that a hardship may have been created

842
00:33:26,159 --> 00:33:27,679
when we put up a goal, as the city has

843
00:33:27,679 --> 00:33:29,200
noted in theirs, but at the same time, a

844
00:33:29,200 --> 00:33:30,799
hardship was created when we reasonably

845
00:33:30,799 --> 00:33:32,320
relied upon what the city permit

846
00:33:32,320 --> 00:33:34,399
application process looked like. And in

847
00:33:34,399 --> 00:33:35,760
order to remediate the water

848
00:33:35,760 --> 00:33:36,960
effectively, we were going to have to

849
00:33:36,960 --> 00:33:38,399
have some hardscape in this location.

850
00:33:38,399 --> 00:33:40,720
So, we felt like it was a necessary um

851
00:33:40,720 --> 00:33:43,039
endeavor to go through um public safety

852
00:33:43,039 --> 00:33:44,720
and general welfare. I think in fact we

853
00:33:44,720 --> 00:33:46,559
have improved general welfare in the

854
00:33:46,559 --> 00:33:48,159
neighborhood by improving the water

855
00:33:48,159 --> 00:33:49,519
drainage system and avoiding the

856
00:33:49,519 --> 00:33:50,640
flooding that was occurring to our

857
00:33:50,640 --> 00:33:52,799
neighbor to the north's house as well

858
00:33:52,799 --> 00:33:54,320
which happens to be the house that has

859
00:33:54,320 --> 00:33:56,799
the 7 foot variance issue. So the area

860
00:33:56,799 --> 00:33:58,399
that we're trying to get the variance

861
00:33:58,399 --> 00:34:00,720
for um hopefully they could overlook any

862
00:34:00,720 --> 00:34:02,799
noise problems by us improving their

863
00:34:02,799 --> 00:34:04,240
flooding problems.

864
00:34:04,240 --> 00:34:05,840
>> Okay.

865
00:34:05,840 --> 00:34:07,600
>> And just go back to hardship for a

866
00:34:07,600 --> 00:34:10,079
moment. I I wanted to make sure I I

867
00:34:10,079 --> 00:34:11,679
fully understood because I heard I

868
00:34:11,679 --> 00:34:13,040
thought I heard you say at the beginning

869
00:34:13,040 --> 00:34:16,159
that that you you view the hardship as

870
00:34:16,159 --> 00:34:18,480
being that you you did this according to

871
00:34:18,480 --> 00:34:20,879
the letter of the law and now you're

872
00:34:20,879 --> 00:34:22,560
being told it won't work for that

873
00:34:22,560 --> 00:34:24,720
purpose that you were told it would work

874
00:34:24,720 --> 00:34:27,200
for when you when you did the original

875
00:34:27,200 --> 00:34:29,520
application. Is that correct? So the

876
00:34:29,520 --> 00:34:31,440
hardships being created by our change in

877
00:34:31,440 --> 00:34:33,280
our ordinance

878
00:34:33,280 --> 00:34:35,919
>> with reasonable reliance upon the

879
00:34:35,919 --> 00:34:37,919
documents that were put out pro not just

880
00:34:37,919 --> 00:34:40,800
retroactively but still prospectively

881
00:34:40,800 --> 00:34:42,960
informing the residents that you are in

882
00:34:42,960 --> 00:34:44,480
compliance when you're trying to do it

883
00:34:44,480 --> 00:34:49,040
>> right. I I'm just trying to make sure I understood that correctly. That's what

884
00:34:49,040 --> 00:34:50,159
I heard you say before.

885
00:34:50,159 --> 00:34:51,440
>> I think the other hardship would be I

886
00:34:51,440 --> 00:34:52,879
don't think there is a reasonable

887
00:34:52,879 --> 00:34:54,639
solution to the water drainage problem

888
00:34:54,639 --> 00:34:56,240
without doing some hardcaping there. I

889
00:34:56,240 --> 00:34:57,520
don't think there's any option to be

890
00:34:57,520 --> 00:34:59,280
able to create a sport court in our yard

891
00:34:59,280 --> 00:34:59,760
as well.

892
00:34:59,760 --> 00:35:00,000
>> Sure.

893
00:35:00,000 --> 00:35:01,680
>> And it would be unusual in our

894
00:35:01,680 --> 00:35:02,720
neighborhood where many people have

895
00:35:02,720 --> 00:35:04,000
these, including our next door neighbor

896
00:35:04,000 --> 00:35:06,000
to the south that's less than 10 ft from

897
00:35:06,000 --> 00:35:07,280
our property line. Okay.

898
00:35:07,280 --> 00:35:10,480
>> Um so if anything, that may feed into

899
00:35:10,480 --> 00:35:12,320
the uniqueness factor as well and the

900
00:35:12,320 --> 00:35:13,680
fact that there are other properties in

901
00:35:13,680 --> 00:35:15,359
our neighborhood with that and where the

902
00:35:15,359 --> 00:35:16,720
setbacks in the neighborhood are

903
00:35:16,720 --> 00:35:18,560
commonly less than what the current

904
00:35:18,560 --> 00:35:20,880
ordinance look like. Um especially if

905
00:35:20,880 --> 00:35:22,960
we're looking at a few a year difference

906
00:35:22,960 --> 00:35:24,720
from when this project was completed to

907
00:35:24,720 --> 00:35:26,480
be in compliance with the old ordinance.

908
00:35:26,480 --> 00:35:29,599
>> Sure. Sure.

909
00:35:29,599 --> 00:35:31,599
>> And then spirit intent. I think I

910
00:35:31,599 --> 00:35:32,720
probably covered that through the

911
00:35:32,720 --> 00:35:34,000
general nature of the other arguments,

912
00:35:34,000 --> 00:35:35,280
but I'm happy to answer any other

913
00:35:35,280 --> 00:35:36,240
questions from

914
00:35:36,240 --> 00:35:38,000
>> any questions for the applicant.

915
00:35:38,000 --> 00:35:40,320
>> Do you have any letters of support or

916
00:35:40,320 --> 00:35:42,960
other than verbal uh approval from your

917
00:35:42,960 --> 00:35:45,040
neighbors?

918
00:35:45,040 --> 00:35:45,599
say that

919
00:35:45,599 --> 00:35:48,560
>> do you is there any letters of support

920
00:35:48,560 --> 00:35:50,480
your homes association or neighbors

921
00:35:50,480 --> 00:35:52,000
saying, "Hey, this is a great idea

922
00:35:52,000 --> 00:35:53,680
because my kids like to play play

923
00:35:53,680 --> 00:35:54,640
basketball."

924
00:35:54,640 --> 00:35:56,640
>> Um, I didn't bring any with me this

925
00:35:56,640 --> 00:35:58,400
evening, but I will tell you that I did

926
00:35:58,400 --> 00:36:00,079
get an email from a neighbor when we set

927
00:36:00,079 --> 00:36:02,960
out our notice who said, "Hey, I don't

928
00:36:02,960 --> 00:36:04,079
want to have to come to the hearing.

929
00:36:04,079 --> 00:36:05,920
What are you guys doing?" And I replied

930
00:36:05,920 --> 00:36:07,680
to him with a general nature of we're

931
00:36:07,680 --> 00:36:09,839
trying to put a basketball goal up on

932
00:36:09,839 --> 00:36:11,359
this patio that we put in the back

933
00:36:11,359 --> 00:36:13,119
during the drainage project and we're

934
00:36:13,119 --> 00:36:14,640
not in compliance with the current

935
00:36:14,640 --> 00:36:17,599
setback. And he he replied in the nature

936
00:36:17,599 --> 00:36:19,760
of I fully support that. I hope you and

937
00:36:19,760 --> 00:36:22,160
your kids can play out there.

938
00:36:22,160 --> 00:36:24,560
>> And I note that our the staff reports

939
00:36:24,560 --> 00:36:26,560
that although all letters were mailed,

940
00:36:26,560 --> 00:36:28,480
there were no calls or concerns raised.

941
00:36:28,480 --> 00:36:31,680
Is that still the case, guys?

942
00:36:31,680 --> 00:36:33,200
Yeah, there were no calls or concerns,

943
00:36:33,200 --> 00:36:35,839
but the it was brought to our attention

944
00:36:35,839 --> 00:36:37,920
by a noise complaint.

945
00:36:37,920 --> 00:36:40,079
>> Okay, so there's somebody concerned out

946
00:36:40,079 --> 00:36:42,560
there.

947
00:36:42,560 --> 00:36:46,240
>> Any other questions for the applicant?

948
00:36:46,240 --> 00:36:48,480
>> I've got two questions. One, have have

949
00:36:48,480 --> 00:36:51,119
the the flooding issues been resolved

950
00:36:51,119 --> 00:36:52,079
now?

951
00:36:52,079 --> 00:36:54,000
>> We've had some heavy rains. Have you

952
00:36:54,000 --> 00:36:56,560
made it through unscathed?

953
00:36:56,560 --> 00:36:57,839
>> Yes, we have.

954
00:36:57,839 --> 00:36:58,000
Okay.

955
00:36:58,000 --> 00:36:59,680
>> And to the best of my knowledge, our

956
00:36:59,680 --> 00:37:01,040
neighbors to the north have not had

957
00:37:01,040 --> 00:37:02,800
flooding in their basement either.

958
00:37:02,800 --> 00:37:05,520
>> Could you go to this map, which is kind

959
00:37:05,520 --> 00:37:07,440
of the plat map. It shows the whole

960
00:37:07,440 --> 00:37:09,599
neighborhood. Can you tell us which of

961
00:37:09,599 --> 00:37:13,200
the houses that are close to you do not

962
00:37:13,200 --> 00:37:15,520
comply with the 20 foot setback for

963
00:37:15,520 --> 00:37:16,960
their court? Could you just point out

964
00:37:16,960 --> 00:37:18,400
those houses?

965
00:37:18,400 --> 00:37:20,160
>> Um,

966
00:37:20,160 --> 00:37:22,000
I don't want names. I just want you to

967
00:37:22,000 --> 00:37:24,160
show me on the diagram how close they

968
00:37:24,160 --> 00:37:25,280
are to you.

969
00:37:25,280 --> 00:37:27,040
>> Sure. The neighbor directly to the south

970
00:37:27,040 --> 00:37:28,640
of us has a sport court.

971
00:37:28,640 --> 00:37:28,960
>> Okay.

972
00:37:28,960 --> 00:37:31,359
>> And it's under this tree right here.

973
00:37:31,359 --> 00:37:33,280
>> So it's it's not on this picture, but

974
00:37:33,280 --> 00:37:35,920
there's a sport sport court there now.

975
00:37:35,920 --> 00:37:36,480
>> Yes.

976
00:37:36,480 --> 00:37:38,800
>> Okay. Anybody else in the neighborhood?

977
00:37:38,800 --> 00:37:40,400
>> There are several. That's just the one I

978
00:37:40,400 --> 00:37:42,560
know of because I can see it from my

979
00:37:42,560 --> 00:37:43,359
yard.

980
00:37:43,359 --> 00:37:46,320
>> And it's closer than 20 ft.

981
00:37:46,320 --> 00:37:50,069
>> Yes, I believe so.

982
00:37:50,079 --> 00:37:51,119
» Any other questions for

983
00:37:51,119 --> 00:37:52,880
>> Travis? When when was the ordinance

984
00:37:52,880 --> 00:37:55,680
changed from 10 to 20?

985
00:37:55,680 --> 00:37:58,800
I want to say late 2022, but don't quote

986
00:37:58,800 --> 00:38:01,520
me on that. Um, it's been within the

987
00:38:01,520 --> 00:38:03,280
last two to three years that that went

988
00:38:03,280 --> 00:38:04,880
before planning commission and governing

989
00:38:04,880 --> 00:38:06,720
body and they determined that they

990
00:38:06,720 --> 00:38:09,280
wanted to have greater setbacks

991
00:38:09,280 --> 00:38:11,680
for sport courts just because that can

992
00:38:11,680 --> 00:38:13,520
be an objectionable use. pickle ball

993
00:38:13,520 --> 00:38:15,520
especially, but that's kind of what

994
00:38:15,520 --> 00:38:17,760
brought that to the forefront was the

995
00:38:17,760 --> 00:38:19,680
clicketity clack of the pickle ball,

996
00:38:19,680 --> 00:38:20,079
>> right,

997
00:38:20,079 --> 00:38:23,119
>> for sport courts, but also, you know, a

998
00:38:23,119 --> 00:38:26,000
lot of fair amount of complaints just

999
00:38:26,000 --> 00:38:28,800
basketball ball driven with that being

1000
00:38:28,800 --> 00:38:30,240
so close to the property line, they

1001
00:38:30,240 --> 00:38:31,359
decided to change some of those

1002
00:38:31,359 --> 00:38:32,400
requirements.

1003
00:38:32,400 --> 00:38:34,720
>> But but there's no reason to question

1004
00:38:34,720 --> 00:38:37,359
his his testimony that when he made the

1005
00:38:37,359 --> 00:38:39,920
application, the a the form he got had

1006
00:38:39,920 --> 00:38:42,640
10 foot on there. Well, so it was a

1007
00:38:42,640 --> 00:38:45,040
building permit application for a patio.

1008
00:38:45,040 --> 00:38:46,560
So, we wouldn't have reviewed the sport

1009
00:38:46,560 --> 00:38:48,960
court. That doesn't mean that staff

1010
00:38:48,960 --> 00:38:50,240
would acknowledge. We checked with the

1011
00:38:50,240 --> 00:38:53,280
planning department their uh form for a

1012
00:38:53,280 --> 00:38:55,599
sport court application.

1013
00:38:55,599 --> 00:38:58,640
It wasn't updated and it still said have

1014
00:38:58,640 --> 00:39:00,480
since changed that now,

1015
00:39:00,480 --> 00:39:00,880
>> right?

1016
00:39:00,880 --> 00:39:01,599
>> To correct it.

1017
00:39:01,599 --> 00:39:03,280
>> Okay. Thank you. And for what it's

1018
00:39:03,280 --> 00:39:04,480
worth, I think it was in November of

1019
00:39:04,480 --> 00:39:06,640
2023 based on my research when the

1020
00:39:06,640 --> 00:39:08,320
ordinance did change, which I found out

1021
00:39:08,320 --> 00:39:10,079
when I was researching the still current

1022
00:39:10,079 --> 00:39:12,400
form a couple months ago on the city

1023
00:39:12,400 --> 00:39:14,960
site still listing 10- foot setback on

1024
00:39:14,960 --> 00:39:16,400
the sport court application.

1025
00:39:16,400 --> 00:39:19,200
>> Okay,

1026
00:39:19,200 --> 00:39:21,280
>> that that sounds correct. I would say if

1027
00:39:21,280 --> 00:39:24,079
he's saying November 2023,

1028
00:39:24,079 --> 00:39:25,920
I didn't have that information right in

1029
00:39:25,920 --> 00:39:27,440
front of me, so that's probably correct.

1030
00:39:27,440 --> 00:39:30,240
And just at recently it was still it

1031
00:39:30,240 --> 00:39:32,480
still said 10 feet in that application.

1032
00:39:32,480 --> 00:39:34,000
They have since corrected it.

1033
00:39:34,000 --> 00:39:36,560
>> Okay.

1034
00:39:36,560 --> 00:39:37,599
>> Any other questions?

1035
00:39:37,599 --> 00:39:40,320
>> Mr. Mr. Trell. Yes. When I looked at the

1036
00:39:40,320 --> 00:39:44,640
Ames map. Um I expected to see a creek

1037
00:39:44,640 --> 00:39:46,000
or something. Where's the water coming

1038
00:39:46,000 --> 00:39:47,280
from that?

1039
00:39:47,280 --> 00:39:50,240
>> Um I'm not a water expert. I hired an

1040
00:39:50,240 --> 00:39:51,839
engineering company to do the drainage

1041
00:39:51,839 --> 00:39:54,320
study. But I believe that 84th Terrace,

1042
00:39:54,320 --> 00:39:56,320
the street to the south in between Lee

1043
00:39:56,320 --> 00:39:58,640
and Meadow, has a number of homes that

1044
00:39:58,640 --> 00:40:00,880
have been upgraded and built. And so I'm

1045
00:40:00,880 --> 00:40:03,040
assuming we're getting more water runoff

1046
00:40:03,040 --> 00:40:04,720
through those backyards coming down from

1047
00:40:04,720 --> 00:40:08,240
the 84th Street corridor or 84th terrace

1048
00:40:08,240 --> 00:40:10,000
corridor.

1049
00:40:10,000 --> 00:40:12,640
>> Thank you.

1050
00:40:12,640 --> 00:40:14,800
>> Is that because the storm drains are

1051
00:40:14,800 --> 00:40:17,680
insufficient or it just from the runoff

1052
00:40:17,680 --> 00:40:20,240
from the people's property? I'm assuming

1053
00:40:20,240 --> 00:40:22,400
there's bigger homes with bigger roofs

1054
00:40:22,400 --> 00:40:25,040
and more hardscape on those homes. So,

1055
00:40:25,040 --> 00:40:28,079
everything south of or sorry, north of

1056
00:40:28,079 --> 00:40:29,839
84 Terrace is coming back through my

1057
00:40:29,839 --> 00:40:33,190
yard. Now,

1058
00:40:33,200 --> 00:40:34,560
» or maybe there was flooding in prior

1059
00:40:34,560 --> 00:40:38,640
years and we just didn't know about it.

1060
00:40:38,640 --> 00:40:41,680
>> Anything else? Our permitting process

1061
00:40:41,680 --> 00:40:44,400
though is supposed to

1062
00:40:44,400 --> 00:40:46,160
we require that there's no more runoff

1063
00:40:46,160 --> 00:40:50,480
after new homes built than before.

1064
00:40:50,480 --> 00:40:52,560
Uh that's so that's kind of different

1065
00:40:52,560 --> 00:40:55,440
with the tear down rebuild, but on this

1066
00:40:55,440 --> 00:40:58,640
did receive a storm water adding they

1067
00:40:58,640 --> 00:41:00,319
were adding over 400 square feet of

1068
00:41:00,319 --> 00:41:03,760
imperous surface. Um so this was

1069
00:41:03,760 --> 00:41:05,680
reviewed for storm water when the patio

1070
00:41:05,680 --> 00:41:07,440
went in. Again, it was presented to the

1071
00:41:07,440 --> 00:41:09,440
city as a patio. I believe it was even

1072
00:41:09,440 --> 00:41:11,760
noted on that plan

1073
00:41:11,760 --> 00:41:13,760
uh you know that this is not approved as

1074
00:41:13,760 --> 00:41:16,960
a sport court patio only even. So it

1075
00:41:16,960 --> 00:41:18,400
just we wouldn't have reviewed it for

1076
00:41:18,400 --> 00:41:19,920
those requirements at that time because

1077
00:41:19,920 --> 00:41:21,359
it was just a patio. A lot of people are

1078
00:41:21,359 --> 00:41:23,119
just putting in patios. That's very

1079
00:41:23,119 --> 00:41:24,800
common.

1080
00:41:24,800 --> 00:41:27,839
>> Thank you.

1081
00:41:27,839 --> 00:41:29,920
>> Did you want to say anything on that?

1082
00:41:29,920 --> 00:41:30,640
>> Not at this time.

1083
00:41:30,640 --> 00:41:33,440
>> Okay. All right. Um any other questions

1084
00:41:33,440 --> 00:41:35,760
for the applicant or for staff? Is

1085
00:41:35,760 --> 00:41:37,280
everybody clear on the applicant's

1086
00:41:37,280 --> 00:41:38,880
position regarding uniqueness and

1087
00:41:38,880 --> 00:41:41,280
hardship?

1088
00:41:41,280 --> 00:41:43,839
Okay. Well, then our next job is to go

1089
00:41:43,839 --> 00:41:46,079
through the five criteria.

1090
00:41:46,079 --> 00:41:48,000
Uh the first of which is uniqueness of

1091
00:41:48,000 --> 00:41:52,230
property. Any comments?

1092
00:41:52,240 --> 00:41:54,160
I I think there's something about about

1093
00:41:54,160 --> 00:41:57,359
the storm water runoff that makes this

1094
00:41:57,359 --> 00:41:59,760
unique that they can't do other things

1095
00:41:59,760 --> 00:42:02,640
with the backyard.

1096
00:42:02,640 --> 00:42:04,560
>> Anyone else? Well, the African has gone

1097
00:42:04,560 --> 00:42:07,119
to considerable expense to alleviate

1098
00:42:07,119 --> 00:42:11,040
this water runoff problem and that lends

1099
00:42:11,040 --> 00:42:13,040
to the uniqueness of the lot because

1100
00:42:13,040 --> 00:42:16,240
most locks don't have that requirement.

1101
00:42:16,240 --> 00:42:19,119
Anyone else?

1102
00:42:19,119 --> 00:42:20,560
All those who believe it's met the

1103
00:42:20,560 --> 00:42:22,560
uniqueness criteria, please indicate by

1104
00:42:22,560 --> 00:42:24,560
saying I. I

1105
00:42:24,560 --> 00:42:28,630
>> oppose. Nay.

1106
00:42:28,640 --> 00:42:30,640
Rights of adjacent property owners. Any

1107
00:42:30,640 --> 00:42:35,510
discussion?

1108
00:42:35,520 --> 00:42:37,280
Mr. Chairman, I'll comment on rights of

1109
00:42:37,280 --> 00:42:41,839
adjacent property owners. Um although

1110
00:42:41,839 --> 00:42:44,000
the distance was recently changed from

1111
00:42:44,000 --> 00:42:46,640
that 10 to 20, I see we do still have 13

1112
00:42:46,640 --> 00:42:49,040
feet um away here, it seems like the

1113
00:42:49,040 --> 00:42:52,560
current property owners there um also

1114
00:42:52,560 --> 00:42:54,640
have kids who play outside. So I don't

1115
00:42:54,640 --> 00:42:56,800
think that would be affected um here. So

1116
00:42:56,800 --> 00:42:58,560
I do think that's been met.

1117
00:42:58,560 --> 00:43:01,040
>> Any other comments?

1118
00:43:01,040 --> 00:43:02,480
All those who believe it's met the

1119
00:43:02,480 --> 00:43:04,400
criteria of rights of adjacent property

1120
00:43:04,400 --> 00:43:06,160
owners, please say I.

1121
00:43:06,160 --> 00:43:06,880
>> I.

1122
00:43:06,880 --> 00:43:08,800
>> Oppose. Nay.

1123
00:43:08,800 --> 00:43:11,520
>> Hardship.

1124
00:43:11,520 --> 00:43:13,040
>> Mr. Chairman, if ever there was a

1125
00:43:13,040 --> 00:43:14,560
definition of hardship, this would be

1126
00:43:14,560 --> 00:43:15,280
it.

1127
00:43:15,280 --> 00:43:15,680
>> Yeah.

1128
00:43:15,680 --> 00:43:16,079
>> Well,

1129
00:43:16,079 --> 00:43:17,760
>> city changed the rules on them.

1130
00:43:17,760 --> 00:43:19,520
>> Yeah.

1131
00:43:19,520 --> 00:43:22,000
>> Any other any other comments?

1132
00:43:22,000 --> 00:43:23,440
>> All those who believe it's met this

1133
00:43:23,440 --> 00:43:25,760
criteria, please say I.

1134
00:43:25,760 --> 00:43:27,359
>> Oppose. Nay.

1135
00:43:27,359 --> 00:43:29,440
>> Public safety and general welfare. Any

1136
00:43:29,440 --> 00:43:33,270
comments?

1137
00:43:33,280 --> 00:43:34,720
All those who believe it's met this

1138
00:43:34,720 --> 00:43:36,720
criteria, please say I.

1139
00:43:36,720 --> 00:43:37,280
>> I.

1140
00:43:37,280 --> 00:43:39,839
>> Opposed? Nay. And finally, spirit and

1141
00:43:39,839 --> 00:43:41,920
intent.

1142
00:43:41,920 --> 00:43:43,599
All those who believe it's met this

1143
00:43:43,599 --> 00:43:45,440
criteria, please say I.

1144
00:43:45,440 --> 00:43:46,000
>> I.

1145
00:43:46,000 --> 00:43:48,880
>> Oppose. Nay.

1146
00:43:48,880 --> 00:43:52,160
>> All right. Um, since we have a uh

1147
00:43:52,160 --> 00:43:54,560
affirmative response on all five

1148
00:43:54,560 --> 00:43:56,960
criteria, we can uh entertain a motion

1149
00:43:56,960 --> 00:44:00,480
to approve this request for a variance

1150
00:44:00,480 --> 00:44:02,400
to the placement of a sport court. Do I

1151
00:44:02,400 --> 00:44:03,599
have such a motion?

1152
00:44:03,599 --> 00:44:07,520
>> Mr. Chairman, case 6120

1153
00:44:07,520 --> 00:44:10,800
8319 M Lane request for a variance to

1154
00:44:10,800 --> 00:44:12,960
the placement of a sport court within 20

1155
00:44:12,960 --> 00:44:16,800
ft of any rear or sideline in the LDO or

1156
00:44:16,800 --> 00:44:19,359
section 16-4.

1157
00:44:19,359 --> 00:44:20,960
1.3B

1158
00:44:20,960 --> 00:44:25,280
6 in R1 district. I move approval.

1159
00:44:25,280 --> 00:44:26,079
>> Second.

1160
00:44:26,079 --> 00:44:28,079
>> Have a motion and a second. All those in

1161
00:44:28,079 --> 00:44:30,560
favor of approval, please say I.

1162
00:44:30,560 --> 00:44:31,119
>> I.

1163
00:44:31,119 --> 00:44:33,040
>> Oppose. Nay.

1164
00:44:33,040 --> 00:44:34,480
>> It's passed. You'll be notified in

1165
00:44:34,480 --> 00:44:36,240
writing. Thank you for your professional

1166
00:44:36,240 --> 00:44:38,960
presentation.

1167
00:44:38,960 --> 00:44:41,040
>> You too.

1168
00:44:41,040 --> 00:44:45,760
All right. Our next case is 62-2026

1169
00:44:45,760 --> 00:44:49,599
3309 West 92nd Street. Request for a

1170
00:44:49,599 --> 00:44:52,240
fence height exception. The staff have a

1171
00:44:52,240 --> 00:44:53,839
report.

1172
00:44:53,839 --> 00:44:55,839
The applicant would like to replace an

1173
00:44:55,839 --> 00:44:58,240
existing 4ft chain link on the south and

1174
00:44:58,240 --> 00:45:00,400
east side, wood on the west, and rot

1175
00:45:00,400 --> 00:45:03,440
iron on the north fence with a six-foot

1176
00:45:03,440 --> 00:45:05,680
wood privacy fence at the perimeter of

1177
00:45:05,680 --> 00:45:08,950
the property.

1178
00:45:08,960 --> 00:45:11,200
Will will the six-foot fence be in the

1179
00:45:11,200 --> 00:45:14,000
same location as the existing 4ft fence?

1180
00:45:14,000 --> 00:45:16,000
>> Correct.

1181
00:45:16,000 --> 00:45:19,359
>> Any other questions for staff?

1182
00:45:19,359 --> 00:45:22,480
Is the applicant here? Come on up. You

1183
00:45:22,480 --> 00:45:23,920
give us your name and address for the

1184
00:45:23,920 --> 00:45:25,200
record. I'd appreciate it.

1185
00:45:25,200 --> 00:45:26,960
>> Hello. My name is Megan Miner. I am

1186
00:45:26,960 --> 00:45:28,880
actually the applicant owner's daughter.

1187
00:45:28,880 --> 00:45:31,040
She is medically indisposed tonight.

1188
00:45:31,040 --> 00:45:32,160
>> Well, thanks for coming.

1189
00:45:32,160 --> 00:45:35,760
>> Yeah, happy to be here. Um, so my mother

1190
00:45:35,760 --> 00:45:37,839
has an extreme change in grade from her

1191
00:45:37,839 --> 00:45:40,640
patio to where her fence line in as well

1192
00:45:40,640 --> 00:45:42,720
as her neighbors patios. They're very

1193
00:45:42,720 --> 00:45:44,560
high. The fence is very low. Not to

1194
00:45:44,560 --> 00:45:46,640
mention, it is a 4ft chain link fence,

1195
00:45:46,640 --> 00:45:49,359
so she doesn't have a lot of privacy.

1196
00:45:49,359 --> 00:45:51,680
Um, with the six-foot fence, the change

1197
00:45:51,680 --> 00:45:53,440
in grade will naturally minimize its

1198
00:45:53,440 --> 00:45:55,520
visual appearance to perver uh preserve

1199
00:45:55,520 --> 00:45:57,920
the open character of the area. The

1200
00:45:57,920 --> 00:45:59,839
fence is a board-to-board design, so

1201
00:45:59,839 --> 00:46:02,480
everyone gets a good side. So, there

1202
00:46:02,480 --> 00:46:06,480
should be no um aesthetic issue. And

1203
00:46:06,480 --> 00:46:09,200
then she is building a sun room that she

1204
00:46:09,200 --> 00:46:10,800
is going to be putting in an application

1205
00:46:10,800 --> 00:46:12,480
for for the next board meeting, I

1206
00:46:12,480 --> 00:46:14,319
believe, in October, I guess, the one

1207
00:46:14,319 --> 00:46:16,560
after. Uh that complies with the

1208
00:46:16,560 --> 00:46:18,880
proximity to property lines, but puts

1209
00:46:18,880 --> 00:46:21,440
her even closer to her neighbors. The

1210
00:46:21,440 --> 00:46:23,440
sun room will consist mostly of windows,

1211
00:46:23,440 --> 00:46:25,440
and with them on top of her, there will

1212
00:46:25,440 --> 00:46:28,160
be no privacy. Um, do you all have any

1213
00:46:28,160 --> 00:46:29,839
questions?

1214
00:46:29,839 --> 00:46:31,280
>> Does anyone have questions for the

1215
00:46:31,280 --> 00:46:32,319
applicants?

1216
00:46:32,319 --> 00:46:33,680
>> I have pictures of the view if you'd

1217
00:46:33,680 --> 00:46:37,200
like to see them, but

1218
00:46:37,200 --> 00:46:39,920
>> no questions.

1219
00:46:39,920 --> 00:46:42,000
Well, if there's no questions, do I have

1220
00:46:42,000 --> 00:46:44,160
a motion?

1221
00:46:44,160 --> 00:46:45,680
Oh, wait. Is there anyone here who wants

1222
00:46:45,680 --> 00:46:47,200
to speak on this one way or the other?

1223
00:46:47,200 --> 00:46:48,720
Sorry.

1224
00:46:48,720 --> 00:46:52,720
Okay. Now, do I have a motion?

1225
00:46:52,720 --> 00:46:56,319
on a case 92-2026

1226
00:46:56,319 --> 00:46:59,760
3309 West 92nd Street request for a

1227
00:46:59,760 --> 00:47:02,880
fence height exception in accordance

1228
00:47:02,880 --> 00:47:07,839
with LD LDO section 16-4-9.5A

1229
00:47:07,839 --> 00:47:10,400
in an R1 district. I move for approval.

1230
00:47:10,400 --> 00:47:11,280
Second.

1231
00:47:11,280 --> 00:47:13,040
>> Have a motion and a second. All those in

1232
00:47:13,040 --> 00:47:14,880
favor, please say I. I

1233
00:47:14,880 --> 00:47:17,040
>> oppose. Nay. It passes. You'll be

1234
00:47:17,040 --> 00:47:18,240
notified in writing. Thanks for coming

1235
00:47:18,240 --> 00:47:18,560
in.

1236
00:47:18,560 --> 00:47:19,680
>> Awesome. Thanks y'all. Have a nice

1237
00:47:19,680 --> 00:47:23,910
night.

1238
00:47:23,920 --> 00:47:25,599
Okay, our next case is another

1239
00:47:25,599 --> 00:47:28,960
exception. It's 63-2026

1240
00:47:28,960 --> 00:47:32,880
28/19 West 89th Street. Request for an

1241
00:47:32,880 --> 00:47:34,800
exception to the maximum allowable

1242
00:47:34,800 --> 00:47:37,839
square footage. Uh, does staff have a

1243
00:47:37,839 --> 00:47:39,520
report?

1244
00:47:39,520 --> 00:47:41,839
>> The applicant is proposing a tear down

1245
00:47:41,839 --> 00:47:45,040
rebuild that will total 4,738

1246
00:47:45,040 --> 00:47:48,240
feet. The maximum allowed on this lot is

1247
00:47:48,240 --> 00:47:50,480
4,615

1248
00:47:50,480 --> 00:47:55,920
ft. An exception of 123 feet or 2.6% is

1249
00:47:55,920 --> 00:47:59,280
needed to build the home as proposed.

1250
00:47:59,280 --> 00:48:04,390
Any questions for staff?

1251
00:48:04,400 --> 00:48:06,000
Um,

1252
00:48:06,000 --> 00:48:07,440
is this one of those where it's

1253
00:48:07,440 --> 00:48:10,319
replacing a much smaller home?

1254
00:48:10,319 --> 00:48:11,200
>> Correct.

1255
00:48:11,200 --> 00:48:12,480
>> Okay.

1256
00:48:12,480 --> 00:48:15,200
Um, I just note for my fellow board

1257
00:48:15,200 --> 00:48:18,240
members that this is uh what is commonly

1258
00:48:18,240 --> 00:48:20,960
referred to as North or Old Leewood. And

1259
00:48:20,960 --> 00:48:22,559
there's a whole lot of houses in North

1260
00:48:22,559 --> 00:48:25,119
or Old Leewood that are way undersized

1261
00:48:25,119 --> 00:48:26,800
for what's allowed on the property.

1262
00:48:26,800 --> 00:48:29,599
There's being a lot a lot of uh tear

1263
00:48:29,599 --> 00:48:31,680
downs and rebuilds where what's going

1264
00:48:31,680 --> 00:48:33,440
back looks like a mansion compared to

1265
00:48:33,440 --> 00:48:36,480
what was there. But um we have to

1266
00:48:36,480 --> 00:48:38,400
consider it in light of what the

1267
00:48:38,400 --> 00:48:41,280
statutes allow the square footage to be.

1268
00:48:41,280 --> 00:48:44,400
So, um, any questions for staff?

1269
00:48:44,400 --> 00:48:46,880
>> I had a question. Uh, Ron, what's the

1270
00:48:46,880 --> 00:48:48,960
status of the construction project? Are

1271
00:48:48,960 --> 00:48:50,960
they still waiting for approval or have

1272
00:48:50,960 --> 00:48:52,880
they started with the foundation or

1273
00:48:52,880 --> 00:48:54,319
>> It's in review.

1274
00:48:54,319 --> 00:48:57,839
>> In review. Okay. Thank you.

1275
00:48:57,839 --> 00:49:00,559
>> Any other questions for staff?

1276
00:49:00,559 --> 00:49:03,599
Is the applicant here?

1277
00:49:03,599 --> 00:49:09,430
>> Come on up.

1278
00:49:09,440 --> 00:49:12,960
» Hi. Hi, my name is Sarah Baird and I'm

1279
00:49:12,960 --> 00:49:15,280
representing um James Engel Custom

1280
00:49:15,280 --> 00:49:19,040
Homes, the owner of the property.

1281
00:49:19,040 --> 00:49:21,839
Um and yes, as you said, it's a a tear

1282
00:49:21,839 --> 00:49:26,079
down rebuild. Um and we are proposing

1283
00:49:26,079 --> 00:49:30,400
the 123 additional square foot um is

1284
00:49:30,400 --> 00:49:32,800
actually in the second floor in the

1285
00:49:32,800 --> 00:49:36,160
attic space over a threecar side loading

1286
00:49:36,160 --> 00:49:37,839
garage.

1287
00:49:37,839 --> 00:49:41,920
Um, and we're requesting the exception

1288
00:49:41,920 --> 00:49:44,480
because it will not impact the the

1289
00:49:44,480 --> 00:49:45,839
additional square footage does not

1290
00:49:45,839 --> 00:49:47,680
impact the footprint of the house, nor

1291
00:49:47,680 --> 00:49:51,520
does it impact the exterior of the

1292
00:49:51,520 --> 00:49:56,000
house. So, um, a neighbor or passer by

1293
00:49:56,000 --> 00:49:57,520
isn't going to notice the difference in

1294
00:49:57,520 --> 00:50:00,559
the additional um, square footage.

1295
00:50:00,559 --> 00:50:02,880
>> This is difference created simply by

1296
00:50:02,880 --> 00:50:04,720
refinishing some area that was not

1297
00:50:04,720 --> 00:50:06,079
planned to be finished.

1298
00:50:06,079 --> 00:50:06,559
>> Uhhuh.

1299
00:50:06,559 --> 00:50:09,040
>> Yeah. Okay.

1300
00:50:09,040 --> 00:50:14,309
Any questions for the applicant?

1301
00:50:14,319 --> 00:50:16,160
All right. Is there anyone here to speak

1302
00:50:16,160 --> 00:50:19,839
on this one way or the other?

1303
00:50:19,839 --> 00:50:22,079
I guess I for for my benefit, Ron, have

1304
00:50:22,079 --> 00:50:24,079
letters gone out.

1305
00:50:24,079 --> 00:50:26,960
>> Correct. No calls or concerns. One email

1306
00:50:26,960 --> 00:50:30,000
as to what was going on and they seem

1307
00:50:30,000 --> 00:50:31,040
satisfied.

1308
00:50:31,040 --> 00:50:34,160
>> Okay. Very good. All right. Any other

1309
00:50:34,160 --> 00:50:36,480
discussion?

1310
00:50:36,480 --> 00:50:39,839
Then uh we can entertain a motion on

1311
00:50:39,839 --> 00:50:43,359
this request for an exception.

1312
00:50:43,359 --> 00:50:45,359
I'd like to make a motion to approve

1313
00:50:45,359 --> 00:50:48,559
case number 63-2026

1314
00:50:48,559 --> 00:50:52,400
at 2819 West 89th Street. Request for an

1315
00:50:52,400 --> 00:50:54,319
exception to the maximum allowable

1316
00:50:54,319 --> 00:50:57,040
square foot on a lot in accordance with

1317
00:50:57,040 --> 00:51:01,589
the LDO 16-2-5.3F2

1318
00:51:01,599 --> 00:51:03,760
in an R1 district. I'd like to move for

1319
00:51:03,760 --> 00:51:04,559
approval.

1320
00:51:04,559 --> 00:51:05,440
>> Second.

1321
00:51:05,440 --> 00:51:07,280
>> Have a motion and a second. All those in

1322
00:51:07,280 --> 00:51:09,359
favor of approval, please say I.

1323
00:51:09,359 --> 00:51:09,760
>> I.

1324
00:51:09,760 --> 00:51:11,520
>> Opposed? Nay. It passed. You'll be

1325
00:51:11,520 --> 00:51:12,880
notified in writing. Thanks for coming

1326
00:51:12,880 --> 00:51:13,280
in.

1327
00:51:13,280 --> 00:51:16,240
>> Thank you.

1328
00:51:16,240 --> 00:51:18,079
>> All right. Our last two cases are both

1329
00:51:18,079 --> 00:51:21,599
at the same address. Um the first one is

1330
00:51:21,599 --> 00:51:24,870
64-2026

1331
00:51:24,880 --> 00:51:27,920
8614 Meadow Lane. Request for a variance

1332
00:51:27,920 --> 00:51:30,400
to the side setback. Does staff have a

1333
00:51:30,400 --> 00:51:32,800
report?

1334
00:51:32,800 --> 00:51:34,720
The applicant has proposed a tear down

1335
00:51:34,720 --> 00:51:36,800
rebuild that will be placed 10 feet from

1336
00:51:36,800 --> 00:51:39,040
the side property line. The sideyard

1337
00:51:39,040 --> 00:51:41,520
setback for this lot is 15 ft. A

1338
00:51:41,520 --> 00:51:43,760
variance of 5 ft is needed to build the

1339
00:51:43,760 --> 00:51:47,920
home in the proposed location.

1340
00:51:47,920 --> 00:51:51,280
>> Any questions for staff?

1341
00:51:51,280 --> 00:51:53,680
>> I have a question, Ron. this. There's

1342
00:51:53,680 --> 00:51:56,559
some pictures here about the on the AMS

1343
00:51:56,559 --> 00:52:00,480
map about uh the flood plane and uh some

1344
00:52:00,480 --> 00:52:01,920
of the pictures show that there's going

1345
00:52:01,920 --> 00:52:04,800
to be built on on stilts on the in the

1346
00:52:04,800 --> 00:52:07,200
backyard.

1347
00:52:07,200 --> 00:52:08,559
Correct.

1348
00:52:08,559 --> 00:52:10,800
>> Okay. That's because of the flood plane.

1349
00:52:10,800 --> 00:52:11,359
>> Correct.

1350
00:52:11,359 --> 00:52:12,720
>> Okay.

1351
00:52:12,720 --> 00:52:15,839
and the reason for the move. Tom Kimes

1352
00:52:15,839 --> 00:52:18,640
is here from public works to speak, but

1353
00:52:18,640 --> 00:52:21,359
on this there's a storm drain that needs

1354
00:52:21,359 --> 00:52:23,599
to be routed around.

1355
00:52:23,599 --> 00:52:25,599
>> Well, let's let's hear about it.

1356
00:52:25,599 --> 00:52:28,319
>> Tom Kimes, I'm a senior project engineer

1357
00:52:28,319 --> 00:52:30,640
with the uh public works department for

1358
00:52:30,640 --> 00:52:31,760
the city of Leewood.

1359
00:52:31,760 --> 00:52:33,280
>> Welcome.

1360
00:52:33,280 --> 00:52:36,240
Um on this property we did identify

1361
00:52:36,240 --> 00:52:39,359
along one property line the um it's

1362
00:52:39,359 --> 00:52:41,839
pointed out there on the map um that

1363
00:52:41,839 --> 00:52:44,240
there is a public storm sewer line that

1364
00:52:44,240 --> 00:52:46,480
is runs along the property line. We did

1365
00:52:46,480 --> 00:52:48,000
some research and we're not able to

1366
00:52:48,000 --> 00:52:50,079
identify that an easement existed. So it

1367
00:52:50,079 --> 00:52:52,319
was not identified during the property

1368
00:52:52,319 --> 00:52:54,480
uh development.

1369
00:52:54,480 --> 00:52:56,880
Um but it does run behind the property.

1370
00:52:56,880 --> 00:52:58,480
It collects storm drainage from the

1371
00:52:58,480 --> 00:53:00,480
street and does go out to the creek

1372
00:53:00,480 --> 00:53:03,520
behind the house. So that affects uh

1373
00:53:03,520 --> 00:53:05,280
proximity to the storm drain line that

1374
00:53:05,280 --> 00:53:07,359
runs between the two houses, two

1375
00:53:07,359 --> 00:53:08,800
existing houses.

1376
00:53:08,800 --> 00:53:11,680
>> So So does that does that storm water

1377
00:53:11,680 --> 00:53:15,520
line is it is it sufficient so we don't

1378
00:53:15,520 --> 00:53:17,920
have overflow into this property owner's

1379
00:53:17,920 --> 00:53:21,109
backyard?

1380
00:53:21,119 --> 00:53:22,880
» Um

1381
00:53:22,880 --> 00:53:24,480
are you saying that the that the curb

1382
00:53:24,480 --> 00:53:27,040
inlet at the street will not over top

1383
00:53:27,040 --> 00:53:28,480
onto the property?

1384
00:53:28,480 --> 00:53:32,079
>> Okay. That was that the question?

1385
00:53:32,079 --> 00:53:34,640
>> Well, I'm I'm looking at this map, which

1386
00:53:34,640 --> 00:53:36,960
is a 100redyear map, I assume. Yes.

1387
00:53:36,960 --> 00:53:38,640
>> And I just wondered if

1388
00:53:38,640 --> 00:53:40,960
>> with the which with the storm drain

1389
00:53:40,960 --> 00:53:42,240
that's in

1390
00:53:42,240 --> 00:53:46,079
>> and with the uh improvements that

1391
00:53:46,079 --> 00:53:49,599
they're proposing to make, will we be

1392
00:53:49,599 --> 00:53:52,720
above the 100red-year flood plane?

1393
00:53:52,720 --> 00:53:55,359
So to address the storm drain line

1394
00:53:55,359 --> 00:53:58,079
specifically modern standard is that we

1395
00:53:58,079 --> 00:54:00,079
design the pipe to carry what we call a

1396
00:54:00,079 --> 00:54:01,200
10-year storm

1397
00:54:01,200 --> 00:54:02,160
>> 10ear

1398
00:54:02,160 --> 00:54:05,680
>> the pipe is very old so it is likely

1399
00:54:05,680 --> 00:54:07,040
below that level

1400
00:54:07,040 --> 00:54:08,800
>> was it corrugated

1401
00:54:08,800 --> 00:54:10,319
>> uh I believe this is a reinforced

1402
00:54:10,319 --> 00:54:12,319
concrete pipe

1403
00:54:12,319 --> 00:54:15,200
the flood plane boundary is set to the

1404
00:54:15,200 --> 00:54:17,200
100redyear so that's the regulatory

1405
00:54:17,200 --> 00:54:19,440
boundary it's a standard it is a

1406
00:54:19,440 --> 00:54:21,040
national standard set by the federal

1407
00:54:21,040 --> 00:54:22,960
emergency management agency in the city

1408
00:54:22,960 --> 00:54:25,920
follows that standard.

1409
00:54:25,920 --> 00:54:27,599
So, it's a it's a higher level of

1410
00:54:27,599 --> 00:54:29,440
rainfall.

1411
00:54:29,440 --> 00:54:30,400
>> Okay.

1412
00:54:30,400 --> 00:54:33,440
>> And I and I note on on the report we

1413
00:54:33,440 --> 00:54:35,839
received, the staff comments were the

1414
00:54:35,839 --> 00:54:37,760
property is not of a similar size and

1415
00:54:37,760 --> 00:54:40,079
shape to most lots in the neighborhood.

1416
00:54:40,079 --> 00:54:42,000
A storm drain is located on the west

1417
00:54:42,000 --> 00:54:43,760
side of the house. That's why you're

1418
00:54:43,760 --> 00:54:44,720
here, Tom. Right.

1419
00:54:44,720 --> 00:54:45,200
>> Correct.

1420
00:54:45,200 --> 00:54:47,680
>> To tell us about that problem.

1421
00:54:47,680 --> 00:54:48,079
>> Yes.

1422
00:54:48,079 --> 00:54:51,359
>> Okay. All right. Um, any other questions

1423
00:54:51,359 --> 00:54:53,119
for

1424
00:54:53,119 --> 00:54:54,559
staff?

1425
00:54:54,559 --> 00:54:58,319
>> Mr. Chairman, I've got one question. So,

1426
00:54:58,319 --> 00:55:01,760
it looks like that storm drain prevents

1427
00:55:01,760 --> 00:55:04,160
the home from being within 20 ft of the

1428
00:55:04,160 --> 00:55:06,960
west side property line. Was the

1429
00:55:06,960 --> 00:55:11,280
previous home not on that space or was

1430
00:55:11,280 --> 00:55:13,040
the previous home on that space?

1431
00:55:13,040 --> 00:55:16,160
>> The previous uh home uh is a much

1432
00:55:16,160 --> 00:55:17,280
smaller footprint.

1433
00:55:17,280 --> 00:55:19,200
>> Okay. Okay. So, it did not cover the

1434
00:55:19,200 --> 00:55:19,599
>> correct

1435
00:55:19,599 --> 00:55:22,559
>> that 20. Okay. Because if I'm reading

1436
00:55:22,559 --> 00:55:24,720
this correctly, then instead of that

1437
00:55:24,720 --> 00:55:28,079
normal sideyard setback of 15, in this

1438
00:55:28,079 --> 00:55:29,920
case, that storm drain is causing there

1439
00:55:29,920 --> 00:55:32,559
to be an extra five feet on that side.

1440
00:55:32,559 --> 00:55:34,400
So, it seems like the applicant's sort

1441
00:55:34,400 --> 00:55:36,160
of just shifting the entire home five

1442
00:55:36,160 --> 00:55:40,160
feet the other way if that's what

1443
00:55:40,160 --> 00:55:40,800
>> correct.

1444
00:55:40,800 --> 00:55:44,000
>> Okay. Gotcha. Thank you.

1445
00:55:44,000 --> 00:55:47,280
>> Okay. Any other questions for staff?

1446
00:55:47,280 --> 00:55:49,599
And I see I think you're probably the

1447
00:55:49,599 --> 00:55:51,359
applicant standing up back there. So, if

1448
00:55:51,359 --> 00:55:54,319
you want to come on up, it's your turn.

1449
00:55:54,319 --> 00:55:55,920
>> Answer one of the questions that

1450
00:55:55,920 --> 00:55:57,359
>> give us your name and address if you

1451
00:55:57,359 --> 00:55:58,960
would please first. We're recording this

1452
00:55:58,960 --> 00:56:01,040
and we like to make sure it's complete.

1453
00:56:01,040 --> 00:56:03,119
>> Got it. My name is Rich Acres. The

1454
00:56:03,119 --> 00:56:06,640
address is 8614 Meadow Lane. I'm the

1455
00:56:06,640 --> 00:56:07,599
contractor.

1456
00:56:07,599 --> 00:56:08,880
>> Thank you.

1457
00:56:08,880 --> 00:56:12,079
And to address the flooding or the the

1458
00:56:12,079 --> 00:56:13,599
drainage that you were talking about,

1459
00:56:13,599 --> 00:56:16,000
I've had a drainage study done by a FEMA

1460
00:56:16,000 --> 00:56:18,319
engineer who did say we'll have a zero

1461
00:56:18,319 --> 00:56:21,119
rise. So we don't have a we don't have

1462
00:56:21,119 --> 00:56:24,079
any rise from the building.

1463
00:56:24,079 --> 00:56:26,319
>> I don't understand that. But maybe my

1464
00:56:26,319 --> 00:56:26,720
fellow

1465
00:56:26,720 --> 00:56:28,240
>> So he was asking if we're going to

1466
00:56:28,240 --> 00:56:30,079
change the flood elevation by building

1467
00:56:30,079 --> 00:56:30,880
this house,

1468
00:56:30,880 --> 00:56:31,280
>> right?

1469
00:56:31,280 --> 00:56:32,880
>> And we don't. We have a zero rise

1470
00:56:32,880 --> 00:56:35,359
certification letter already submitted.

1471
00:56:35,359 --> 00:56:36,400
>> Okay. Okay. And I don't want to mix

1472
00:56:36,400 --> 00:56:38,319
these up, but the next case is the same

1473
00:56:38,319 --> 00:56:40,799
address and it's it's it's asking for a

1474
00:56:40,799 --> 00:56:42,720
grade change. What's that's that about?

1475
00:56:42,720 --> 00:56:43,520
>> Yeah.

1476
00:56:43,520 --> 00:56:47,359
Basically, this I don't same

1477
00:56:47,359 --> 00:56:49,680
thing, I guess. So, that way we designed

1478
00:56:49,680 --> 00:56:52,480
the house, the we have the house a

1479
00:56:52,480 --> 00:56:54,559
little bit higher.

1480
00:56:54,559 --> 00:56:56,319
>> Well, well, not to be a nitpicker, but I

1481
00:56:56,319 --> 00:56:57,760
thought you just said that it wasn't

1482
00:56:57,760 --> 00:56:59,520
going to result in a grade change, and

1483
00:56:59,520 --> 00:57:01,359
yet we have an application for a grade

1484
00:57:01,359 --> 00:57:02,079
change.

1485
00:57:02,079 --> 00:57:04,319
>> So, I didn't know I said grade change. I

1486
00:57:04,319 --> 00:57:06,079
apologize for that. zero rise

1487
00:57:06,079 --> 00:57:07,520
certification. In other words, we are

1488
00:57:07,520 --> 00:57:08,960
going to fill a little bit. We have

1489
00:57:08,960 --> 00:57:10,319
areas that we fill. In other words, I'm

1490
00:57:10,319 --> 00:57:12,799
putting the house at 886.5 and I think

1491
00:57:12,799 --> 00:57:14,400
the G

1492
00:57:14,400 --> 00:57:18,319
>> RP grade reference point is 8.84.

1493
00:57:18,319 --> 00:57:20,559
So, I'm actually which is sea level. So,

1494
00:57:20,559 --> 00:57:21,760
they're just showing I'm going to be 1

1495
00:57:21,760 --> 00:57:24,319
foot higher. So, I think it was Ron was

1496
00:57:24,319 --> 00:57:25,680
teaching me, you know, basically showing

1497
00:57:25,680 --> 00:57:28,160
what I can allowed to do. And so I'll be

1498
00:57:28,160 --> 00:57:30,079
one I'm allowed one foot to fill and I'm

1499
00:57:30,079 --> 00:57:31,520
doing two because the garage door we're

1500
00:57:31,520 --> 00:57:33,839
doing a zero entry home to make

1501
00:57:33,839 --> 00:57:35,760
everything work and flow. And I took

1502
00:57:35,760 --> 00:57:38,240
account for all the flood

1503
00:57:38,240 --> 00:57:39,920
what do they call that compensary

1504
00:57:39,920 --> 00:57:41,920
storage. So the way I build the house

1505
00:57:41,920 --> 00:57:43,359
everything's done. I have to allow for

1506
00:57:43,359 --> 00:57:45,200
compensary storage for the flood waters

1507
00:57:45,200 --> 00:57:46,720
that if they do come.

1508
00:57:46,720 --> 00:57:47,520
>> Okay.

1509
00:57:47,520 --> 00:57:49,040
>> And that's why the house is on still

1510
00:57:49,040 --> 00:57:50,799
allows the water to pass through.

1511
00:57:50,799 --> 00:57:53,119
>> Okay. Anything else you'd like to

1512
00:57:53,119 --> 00:57:56,160
present in support of your case? uh

1513
00:57:56,160 --> 00:57:58,400
against for the five- foot easement.

1514
00:57:58,400 --> 00:58:00,079
>> That's for the this is for the five foot

1515
00:58:00,079 --> 00:58:02,400
easement. Although if you if you bleed

1516
00:58:02,400 --> 00:58:03,920
over into the other case a little bit,

1517
00:58:03,920 --> 00:58:05,040
we don't mind.

1518
00:58:05,040 --> 00:58:06,880
>> Well, okay. Well, it's all basically the

1519
00:58:06,880 --> 00:58:08,799
same as that, though. I do already.

1520
00:58:08,799 --> 00:58:10,880
We're trying to meet the intent, you

1521
00:58:10,880 --> 00:58:14,880
know, of what was been asked for the

1522
00:58:14,880 --> 00:58:16,240
>> Well, well, you've been here for our

1523
00:58:16,240 --> 00:58:17,280
other cases.

1524
00:58:17,280 --> 00:58:18,720
>> Yes, I'm trying to follow that. I have

1525
00:58:18,720 --> 00:58:19,920
something written here. Let me follow.

1526
00:58:19,920 --> 00:58:21,520
>> Okay. Well, well, let me help you out.

1527
00:58:21,520 --> 00:58:23,599
>> Okay. The two criteria that causes

1528
00:58:23,599 --> 00:58:25,440
problems on this are uniqueness of

1529
00:58:25,440 --> 00:58:27,119
property, which our staff has pretty

1530
00:58:27,119 --> 00:58:28,480
much addressed

1531
00:58:28,480 --> 00:58:30,880
>> and did a good job of it. But hardship

1532
00:58:30,880 --> 00:58:32,480
is the other one and that's a difficult

1533
00:58:32,480 --> 00:58:35,680
one because obviously a compliant home

1534
00:58:35,680 --> 00:58:37,280
could be designed one that doesn't

1535
00:58:37,280 --> 00:58:40,400
require these these ch these variances.

1536
00:58:40,400 --> 00:58:44,880
So what what what is the hardship that

1537
00:58:44,880 --> 00:58:48,079
uh would is is causing you to have to do

1538
00:58:48,079 --> 00:58:50,559
it in this way rather than in accordance

1539
00:58:50,559 --> 00:58:52,319
with the Well, that's a great question

1540
00:58:52,319 --> 00:58:54,000
and

1541
00:58:54,000 --> 00:58:55,599
I worked hard before we bought the

1542
00:58:55,599 --> 00:58:58,480
property to try to solve that and see

1543
00:58:58,480 --> 00:59:01,040
and so I worked hard knowing I even made

1544
00:59:01,040 --> 00:59:03,280
sure I asked for extra time to see if we

1545
00:59:03,280 --> 00:59:04,720
could do it and I thought I designed

1546
00:59:04,720 --> 00:59:07,440
something and I erred

1547
00:59:07,440 --> 00:59:09,040
>> in that but we already bought the

1548
00:59:09,040 --> 00:59:11,599
property and so that's what they my

1549
00:59:11,599 --> 00:59:14,160
clients wanted and so that's so now we

1550
00:59:14,160 --> 00:59:16,000
own it. So, the hardship is we already

1551
00:59:16,000 --> 00:59:18,000
own the property

1552
00:59:18,000 --> 00:59:19,440
had we known ahead of time. Now, I've

1553
00:59:19,440 --> 00:59:21,599
worked hard to redesign something that

1554
00:59:21,599 --> 00:59:24,400
would meet the best that we can all the

1555
00:59:24,400 --> 00:59:26,160
things that they're asking for.

1556
00:59:26,160 --> 00:59:27,680
>> Well, have no doubt. We'll talk about it

1557
00:59:27,680 --> 00:59:30,720
up here more before we finish, but do if

1558
00:59:30,720 --> 00:59:32,960
you've got anything else, now's the

1559
00:59:32,960 --> 00:59:33,359
time.

1560
00:59:33,359 --> 00:59:34,240
>> Not right now.

1561
00:59:34,240 --> 00:59:36,799
>> Okay. All right. All right. All right.

1562
00:59:36,799 --> 00:59:38,720
Any questions for the applicant from up

1563
00:59:38,720 --> 00:59:41,750
here?

1564
00:59:41,760 --> 00:59:43,280
» Mr. Chairman, I've got one question for

1565
00:59:43,280 --> 00:59:46,559
the applicant. I suppose from

1566
00:59:46,559 --> 00:59:48,960
side to side from east to west do you

1567
00:59:48,960 --> 00:59:51,280
know how many feet the home is measures

1568
00:59:51,280 --> 00:59:54,240
across

1569
00:59:54,240 --> 00:59:55,440
like it's probably

1570
00:59:55,440 --> 01:00:00,079
>> yeah so the 47 ft is the build line I

1571
01:00:00,079 --> 01:00:01,920
have it right here I'll just show

1572
01:00:01,920 --> 01:00:09,510
>> so I'll tell you then

1573
01:00:09,520 --> 01:00:13,119
» looks like 46 feet by those measures

1574
01:00:13,119 --> 01:00:16,319
across the front building but 46 feet

1575
01:00:16,319 --> 01:00:17,839
across.

1576
01:00:17,839 --> 01:00:21,520
>> Um it is actually

1577
01:00:21,520 --> 01:00:24,880
48 feet. It's when you go to so as the

1578
01:00:24,880 --> 01:00:28,799
lot sort of pies back. So it's for at

1579
01:00:28,799 --> 01:00:33,510
the front it is 47t.

1580
01:00:33,520 --> 01:00:36,160
That's including any overhangs, right?

1581
01:00:36,160 --> 01:00:37,440
Because you'll have some overhangs. And

1582
01:00:37,440 --> 01:00:39,040
then it's 48t when you get to the back

1583
01:00:39,040 --> 01:00:41,200
because it can't leave us further back.

1584
01:00:41,200 --> 01:00:43,359
But it's always staying within, you

1585
01:00:43,359 --> 01:00:45,920
know, outside those building parameters.

1586
01:00:45,920 --> 01:00:49,040
We didn't run into the, as Tom said, we

1587
01:00:49,040 --> 01:00:50,720
didn't know anything about that till we

1588
01:00:50,720 --> 01:00:52,079
had done all this work. We didn't know

1589
01:00:52,079 --> 01:00:55,200
anything about the the uh easement that

1590
01:00:55,200 --> 01:00:57,280
they had. It's not recorded. So, since

1591
01:00:57,280 --> 01:00:59,040
it wasn't recorded, we were all we had

1592
01:00:59,040 --> 01:01:00,400
already done all the work and had it on

1593
01:01:00,400 --> 01:01:04,799
the lot plan. In fact, at one point, um,

1594
01:01:04,799 --> 01:01:07,440
the plot plan had already been approved,

1595
01:01:07,440 --> 01:01:09,359
but that was as we were working, we got

1596
01:01:09,359 --> 01:01:10,880
disapproved for other things, so we

1597
01:01:10,880 --> 01:01:12,000
worked around that. And then the next

1598
01:01:12,000 --> 01:01:14,319
plot plan got unapproved, saying, "Oh,

1599
01:01:14,319 --> 01:01:16,720
by the way, there's an easement there,

1600
01:01:16,720 --> 01:01:18,160
and we didn't know that."

1601
01:01:18,160 --> 01:01:20,240
>> Wow.

1602
01:01:20,240 --> 01:01:21,200
>> Okay.

1603
01:01:21,200 --> 01:01:23,200
>> And I do have pictures of the house. I

1604
01:01:23,200 --> 01:01:24,880
don't know if we're in that section, you

1605
01:01:24,880 --> 01:01:26,400
know, I can show you.

1606
01:01:26,400 --> 01:01:28,079
>> Whatever you want to show us, now's the

1607
01:01:28,079 --> 01:01:28,640
time to do it.

1608
01:01:28,640 --> 01:01:29,839
>> Okay. So, I'll deal with both of these

1609
01:01:29,839 --> 01:01:31,760
at the same time. because you talked

1610
01:01:31,760 --> 01:01:34,640
about the house being on stilts.

1611
01:01:34,640 --> 01:01:36,160
So, I'll show you first.

1612
01:01:36,160 --> 01:01:37,839
>> Well, while you're looking for those, I

1613
01:01:37,839 --> 01:01:40,319
want to I want to also point out to my

1614
01:01:40,319 --> 01:01:42,799
fellow members up here that if you'll

1615
01:01:42,799 --> 01:01:45,839
read under site plan on our the report

1616
01:01:45,839 --> 01:01:48,319
to us, it does point out that this lot

1617
01:01:48,319 --> 01:01:50,160
is not of a similar size and shape to

1618
01:01:50,160 --> 01:01:52,319
most lots in the neighborhood and the

1619
01:01:52,319 --> 01:01:54,240
majority of the lot is located in the

1620
01:01:54,240 --> 01:01:56,559
flood plane. So, anyway, I just wanted

1621
01:01:56,559 --> 01:01:58,400
to make sure we were aware of that. Go

1622
01:01:58,400 --> 01:01:59,359
ahead.

1623
01:01:59,359 --> 01:02:01,280
>> Yes, that's true. very struggling on

1624
01:02:01,280 --> 01:02:02,880
that especially when we find out all the

1625
01:02:02,880 --> 01:02:03,440
interesting things.

1626
01:02:03,440 --> 01:02:04,799
>> We'll help you any way we can.

1627
01:02:04,799 --> 01:02:06,880
>> Thank you.

1628
01:02:06,880 --> 01:02:08,640
But so that you can look at it. There's

1629
01:02:08,640 --> 01:02:11,040
what the house will look like from the

1630
01:02:11,040 --> 01:02:12,960
street. So you talked about a beat on

1631
01:02:12,960 --> 01:02:14,960
stilts. It's not like no one's going to

1632
01:02:14,960 --> 01:02:16,960
notice. You look at the house, it it

1633
01:02:16,960 --> 01:02:21,200
still looks nice. And then

1634
01:02:21,200 --> 01:02:23,440
this is kind of looking at it from the

1635
01:02:23,440 --> 01:02:26,640
west side. And so as you come down and

1636
01:02:26,640 --> 01:02:29,520
so when you're seeing the easement that

1637
01:02:29,520 --> 01:02:31,520
we're doing, the house actually is over

1638
01:02:31,520 --> 01:02:34,480
15 is 15 foot side to side. What I was

1639
01:02:34,480 --> 01:02:36,000
doing is putting the Oh, sorry. What I

1640
01:02:36,000 --> 01:02:37,359
was doing is putting the driveway down

1641
01:02:37,359 --> 01:02:40,079
the side, but then the driveway runs

1642
01:02:40,079 --> 01:02:42,000
into that easement, which if they of

1643
01:02:42,000 --> 01:02:42,880
course it doesn't even sit on the

1644
01:02:42,880 --> 01:02:44,559
ground, so they could technically dig.

1645
01:02:44,559 --> 01:02:46,400
But when I was talking to Tom, we Tom,

1646
01:02:46,400 --> 01:02:48,079
he suggested we move it over to keep it

1647
01:02:48,079 --> 01:02:49,920
out of the way. So if they do need to

1648
01:02:49,920 --> 01:02:51,599
get equipment in there and needed to

1649
01:02:51,599 --> 01:02:53,200
address I did camera that the other day

1650
01:02:53,200 --> 01:02:55,920
to check it myself had the the storm

1651
01:02:55,920 --> 01:02:57,599
sewer that because it's been put in in

1652
01:02:57,599 --> 01:02:59,119
1947

1653
01:02:59,119 --> 01:03:02,400
I think he told me and uh he says it's

1654
01:03:02,400 --> 01:03:04,160
in level four condition which is one

1655
01:03:04,160 --> 01:03:06,400
deviant from being really bad. So I'm

1656
01:03:06,400 --> 01:03:07,760
going to stay off of it but I wanted a

1657
01:03:07,760 --> 01:03:09,760
camera to make sure I can show I'm not

1658
01:03:09,760 --> 01:03:11,760
ruining anything there. And I told them

1659
01:03:11,760 --> 01:03:14,400
we would put a a uh protection fence

1660
01:03:14,400 --> 01:03:15,920
that we'll never cross that because I

1661
01:03:15,920 --> 01:03:21,200
don't want to have to replace that if it needed to be replaced. But so then

1662
01:03:21,200 --> 01:03:22,240
I'm just showing you what the house

1663
01:03:22,240 --> 01:03:25,280
would look like. All the other sides

1664
01:03:25,280 --> 01:03:27,680
are, you know, the front the back sides

1665
01:03:27,680 --> 01:03:29,280
there. I'll give you more so you'll see

1666
01:03:29,280 --> 01:03:30,880
other

1667
01:03:30,880 --> 01:03:34,480
here's it from the top view.

1668
01:03:34,480 --> 01:03:37,039
Just looking at it down. So, by the way,

1669
01:03:37,039 --> 01:03:40,079
as you see, as you look down this side

1670
01:03:40,079 --> 01:03:42,240
here,

1671
01:03:42,240 --> 01:03:44,559
as you go down and look down the side, I

1672
01:03:44,559 --> 01:03:46,319
will probably I'll put all rock going

1673
01:03:46,319 --> 01:03:48,000
down that and put plants to make it look

1674
01:03:48,000 --> 01:03:49,760
nice so you don't see it. And it's also

1675
01:03:49,760 --> 01:03:51,520
make it for drainage purposes. So, any

1676
01:03:51,520 --> 01:03:52,559
water that comes down there will

1677
01:03:52,559 --> 01:03:54,799
probably I might even take a dry river

1678
01:03:54,799 --> 01:03:56,880
bed all the way out just to control the

1679
01:03:56,880 --> 01:03:59,760
water.

1680
01:03:59,760 --> 01:04:02,240
>> What's the total square footage?

1681
01:04:02,240 --> 01:04:02,960
>> I beg you, pardon.

1682
01:04:02,960 --> 01:04:04,480
>> What's the total square footage of the

1683
01:04:04,480 --> 01:04:09,829
house? Um,

1684
01:04:09,839 --> 01:04:12,240
I think it's 40

1685
01:04:12,240 --> 01:04:14,079
uh

1686
01:04:14,079 --> 01:04:21,109
4,400 or 45 under 4,500.

1687
01:04:21,119 --> 01:04:27,190
Yeah. So, it's 4,486.

1688
01:04:27,200 --> 01:04:29,520
» Thank you.

1689
01:04:29,520 --> 01:04:31,200
>> Any other questions for the applicant?

1690
01:04:31,200 --> 01:04:33,200
>> Yeah. On the picture that you've got up

1691
01:04:33,200 --> 01:04:35,039
there in front of us right now on the

1692
01:04:35,039 --> 01:04:37,440
lower right hand corner, is that a

1693
01:04:37,440 --> 01:04:40,240
garage or is that a storage building?

1694
01:04:40,240 --> 01:04:41,680
>> That is a garage.

1695
01:04:41,680 --> 01:04:44,160
>> Okay. And so an automobile is going to

1696
01:04:44,160 --> 01:04:46,720
come down here along the the barrier and

1697
01:04:46,720 --> 01:04:48,880
make a left and go in there. Is that

1698
01:04:48,880 --> 01:04:50,480
going to be enough room to jockey

1699
01:04:50,480 --> 01:04:50,880
around?

1700
01:04:50,880 --> 01:04:55,760
>> Yes, sir. It's 28 feet and 2 and 316 in.

1701
01:04:55,760 --> 01:04:57,119
>> You did even get a pickup truck in

1702
01:04:57,119 --> 01:04:57,599
there, right?

1703
01:04:57,599 --> 01:04:59,280
>> Yes. made sure that we could have access

1704
01:04:59,280 --> 01:05:00,799
to be able to get in and out, even turn

1705
01:05:00,799 --> 01:05:03,119
around because in all honesty, you can

1706
01:05:03,119 --> 01:05:05,920
also turn right here because this is 20

1707
01:05:05,920 --> 01:05:07,760
ft here. So, they'll have enough room if

1708
01:05:07,760 --> 01:05:10,480
they had to go back up.

1709
01:05:10,480 --> 01:05:13,520
>> So, it's a threecar garage. You have

1710
01:05:13,520 --> 01:05:15,039
>> affirmative two up front, but you don't

1711
01:05:15,039 --> 01:05:17,039
allow three facing forward. So, that we

1712
01:05:17,039 --> 01:05:18,799
ran into that problem. I think it was

1713
01:05:18,799 --> 01:05:20,720
Travis helping me out or yeah, helping

1714
01:05:20,720 --> 01:05:22,079
me say you can't have a third car

1715
01:05:22,079 --> 01:05:23,520
before. Anyway, there was so many and

1716
01:05:23,520 --> 01:05:26,000
then having it detached made it hard. So

1717
01:05:26,000 --> 01:05:28,000
I had to connect it, come around the

1718
01:05:28,000 --> 01:05:30,160
back trying to do it all. So we figured

1719
01:05:30,160 --> 01:05:31,599
out how to get it done, but it was

1720
01:05:31,599 --> 01:05:32,880
pretty uh interesting.

1721
01:05:32,880 --> 01:05:34,160
>> Learn more than you ever expected,

1722
01:05:34,160 --> 01:05:34,720
haven't you?

1723
01:05:34,720 --> 01:05:36,240
>> Yes, it has been a lot of work. It's

1724
01:05:36,240 --> 01:05:37,760
probably our third or fourth plan

1725
01:05:37,760 --> 01:05:40,640
revision.

1726
01:05:40,640 --> 01:05:43,599
>> Yes, it's been a lot of work on that.

1727
01:05:43,599 --> 01:05:46,880
>> But um but I think we've met the what

1728
01:05:46,880 --> 01:05:49,039
they're trying to get at.

1729
01:05:49,039 --> 01:05:50,400
>> And if you notice

1730
01:05:50,400 --> 01:05:52,400
>> the picture of the front, what is it you

1731
01:05:52,400 --> 01:05:52,640
want?

1732
01:05:52,640 --> 01:05:53,839
>> Yeah, the picture of the front of the

1733
01:05:53,839 --> 01:05:54,559
house.

1734
01:05:54,559 --> 01:06:03,270
>> Yes.

1735
01:06:03,280 --> 01:06:06,240
I have a plot plan, too. Now that you

1736
01:06:06,240 --> 01:06:12,309
guys

1737
01:06:12,319 --> 01:06:15,520
» I'm marked up here. I got two marks up

1738
01:06:15,520 --> 01:06:18,240
because they Travis asking me for

1739
01:06:18,240 --> 01:06:25,589
drainage. So, I'm taking care of

1740
01:06:25,599 --> 01:06:27,839
Well, once again, just so my fellow

1741
01:06:27,839 --> 01:06:30,240
board members are clear on this, if we

1742
01:06:30,240 --> 01:06:32,160
approve this variance, it's still going

1743
01:06:32,160 --> 01:06:34,240
to have to meet our runoff requirements

1744
01:06:34,240 --> 01:06:36,000
before it's approved for final

1745
01:06:36,000 --> 01:06:37,200
construction, right?

1746
01:06:37,200 --> 01:06:38,880
>> Yes. And it does meet all that. They've

1747
01:06:38,880 --> 01:06:40,559
already done the telling you how much

1748
01:06:40,559 --> 01:06:43,039
the amount when we met the runoff. It is

1749
01:06:43,039 --> 01:06:44,720
the only good part about it is is a

1750
01:06:44,720 --> 01:06:46,319
massive lot. So therefore, I'm allowed a

1751
01:06:46,319 --> 01:06:47,200
certain amount of

1752
01:06:47,200 --> 01:06:47,599
>> right

1753
01:06:47,599 --> 01:06:49,599
>> impervious area, but I'm also

1754
01:06:49,599 --> 01:06:51,359
controlling all that. I'm controlling

1755
01:06:51,359 --> 01:06:53,839
all the down spouts and because he asked

1756
01:06:53,839 --> 01:06:56,079
me maybe it was Ron that asked me to

1757
01:06:56,079 --> 01:06:57,839
show

1758
01:06:57,839 --> 01:07:00,079
was it Ron J different guys. Okay.

1759
01:07:00,079 --> 01:07:02,079
>> I I just want to make sure that up here

1760
01:07:02,079 --> 01:07:04,079
we understand that that that that'll be

1761
01:07:04,079 --> 01:07:05,440
taken care of as part of the

1762
01:07:05,440 --> 01:07:07,440
>> Right. Process and I'm going to meet

1763
01:07:07,440 --> 01:07:10,000
those runoffs. Yes, sir.

1764
01:07:10,000 --> 01:07:13,119
>> I I think my only kind of remaining

1765
01:07:13,119 --> 01:07:15,039
concern because I'm with you on

1766
01:07:15,039 --> 01:07:17,200
uniqueness with the storm drain. Totally

1767
01:07:17,200 --> 01:07:19,119
understand that point. It just seems

1768
01:07:19,119 --> 01:07:21,440
like we're at a point

1769
01:07:21,440 --> 01:07:23,119
specifically with the hardship factor

1770
01:07:23,119 --> 01:07:26,160
where you've got a blank slate. Although

1771
01:07:26,160 --> 01:07:28,640
we've done these plans to where you know

1772
01:07:28,640 --> 01:07:30,240
you've got an idea of the home you want

1773
01:07:30,240 --> 01:07:31,680
on there. It just seems like there's a

1774
01:07:31,680 --> 01:07:33,920
blank slate. You know, have there been

1775
01:07:33,920 --> 01:07:37,760
any attempts to go from that 48t across

1776
01:07:37,760 --> 01:07:40,799
to like a 43

1777
01:07:40,799 --> 01:07:43,200
feet across to be able to fit it within

1778
01:07:43,200 --> 01:07:48,559
the the distance across? Yes, ma'am. As

1779
01:07:48,559 --> 01:07:52,000
hard as possible. I mean, it's Yes, we

1780
01:07:52,000 --> 01:07:54,799
to meet all this footage. I've done

1781
01:07:54,799 --> 01:07:56,799
everything possible to Well, I work for

1782
01:07:56,799 --> 01:07:58,640
my clients. And so, at the end of the

1783
01:07:58,640 --> 01:08:00,000
day, I'm trying to give them what they

1784
01:08:00,000 --> 01:08:02,400
want. We ended up with this lot. And so,

1785
01:08:02,400 --> 01:08:04,240
I'm just trying to honor their wishes

1786
01:08:04,240 --> 01:08:07,119
before we decide. I hate to see us lose

1787
01:08:07,119 --> 01:08:09,599
$600,000, but we get a little over that

1788
01:08:09,599 --> 01:08:11,760
now that we've got invested in this, but

1789
01:08:11,760 --> 01:08:13,920
that's really

1790
01:08:13,920 --> 01:08:15,200
I don't want to not give them the home

1791
01:08:15,200 --> 01:08:16,719
that they want. So yeah, the hardship

1792
01:08:16,719 --> 01:08:19,520
would be yes, we already own the lot and

1793
01:08:19,520 --> 01:08:22,319
we made a mistake and possibly having

1794
01:08:22,319 --> 01:08:26,159
bought it, not understanding the the

1795
01:08:26,159 --> 01:08:28,159
ramifications of it being in the flood

1796
01:08:28,159 --> 01:08:30,319
plane and not built. I've built in the

1797
01:08:30,319 --> 01:08:32,159
flood plane before, but they haven't

1798
01:08:32,159 --> 01:08:34,239
ever restricted it that far. So I didn't

1799
01:08:34,239 --> 01:08:35,440
think anything about that.

1800
01:08:35,440 --> 01:08:37,920
>> But that mistake, if it is one, was in

1801
01:08:37,920 --> 01:08:39,520
not

1802
01:08:39,520 --> 01:08:42,239
being fully aware of of a majority of

1803
01:08:42,239 --> 01:08:43,759
this property actually being in the

1804
01:08:43,759 --> 01:08:45,359
flood plane.

1805
01:08:45,359 --> 01:08:48,080
Is that correct?

1806
01:08:48,080 --> 01:08:49,839
>> When you bought it and or when it was

1807
01:08:49,839 --> 01:08:51,359
bought and the plans were to put the

1808
01:08:51,359 --> 01:08:52,880
house on here, you didn't realize till

1809
01:08:52,880 --> 01:08:54,880
you got into it that that the majority

1810
01:08:54,880 --> 01:08:57,359
of the lot is in the flood plane.

1811
01:08:57,359 --> 01:08:59,279
>> Um yeah, I didn't know that actually. I

1812
01:08:59,279 --> 01:09:00,960
did call the realtor on that, but before

1813
01:09:00,960 --> 01:09:04,239
I bought it, I not I thought, okay, so

1814
01:09:04,239 --> 01:09:05,520
it's in the flood plane. I'm not worried

1815
01:09:05,520 --> 01:09:07,040
that we can build in it. So then I

1816
01:09:07,040 --> 01:09:08,480
didn't have the restrictions exactly

1817
01:09:08,480 --> 01:09:11,839
knowing that you're not allowed to build

1818
01:09:11,839 --> 01:09:13,600
in the or not necessarily not build in

1819
01:09:13,600 --> 01:09:15,679
the flood plane. you're not allowed to

1820
01:09:15,679 --> 01:09:19,440
have any basement or any opening. So I

1821
01:09:19,440 --> 01:09:20,880
have built in the flood plane in many

1822
01:09:20,880 --> 01:09:22,799
other areas and never had that happen.

1823
01:09:22,799 --> 01:09:25,279
And so I didn't see that rest. I I

1824
01:09:25,279 --> 01:09:26,799
didn't get that restriction and so

1825
01:09:26,799 --> 01:09:29,520
therefore once I did understand I should

1826
01:09:29,520 --> 01:09:31,199
have found it. I take responsibility for

1827
01:09:31,199 --> 01:09:34,640
that. That is 100% my fault and and I

1828
01:09:34,640 --> 01:09:36,480
might have to eat it and work it out.

1829
01:09:36,480 --> 01:09:37,600
But we're just trying to figure out how

1830
01:09:37,600 --> 01:09:39,440
to resolve it in the best possible way

1831
01:09:39,440 --> 01:09:41,199
to make everybody happy. My clients

1832
01:09:41,199 --> 01:09:43,520
still do like the lot. They like the

1833
01:09:43,520 --> 01:09:45,520
location. They want to live there. If it

1834
01:09:45,520 --> 01:09:46,640
doesn't work out, we'll just have to

1835
01:09:46,640 --> 01:09:47,920
find another one and I'll have to figure

1836
01:09:47,920 --> 01:09:49,359
out how to do what you said. Draw

1837
01:09:49,359 --> 01:09:51,440
something different.

1838
01:09:51,440 --> 01:09:54,480
>> Are are you the Are you the owner?

1839
01:09:54,480 --> 01:09:55,760
>> And just for the record, give me

1840
01:09:55,760 --> 01:09:57,280
>> Sure. My name is Marvin Music.

1841
01:09:57,280 --> 01:09:57,679
>> Okay.

1842
01:09:57,679 --> 01:10:00,159
>> And this is my wife, Cat. And probably

1843
01:10:00,159 --> 01:10:03,760
just to your question, uh we have um you

1844
01:10:03,760 --> 01:10:05,199
know, because the sidebacks are so

1845
01:10:05,199 --> 01:10:07,760
tight, uh we looked at so many ways to

1846
01:10:07,760 --> 01:10:10,080
try to get this. We're 47 feet across,

1847
01:10:10,080 --> 01:10:11,840
you know, so the time you get in two a

1848
01:10:11,840 --> 01:10:13,920
two-car garage, you only have, you know,

1849
01:10:13,920 --> 01:10:15,840
20 some feet. As you can see, most of

1850
01:10:15,840 --> 01:10:19,280
the home goes um, you know, it goes back

1851
01:10:19,280 --> 01:10:21,120
this way. So, you know, the the bulk of

1852
01:10:21,120 --> 01:10:22,880
the home is back. And so, we try to

1853
01:10:22,880 --> 01:10:25,280
bring this thing in as much as possible.

1854
01:10:25,280 --> 01:10:27,199
Uh, we really did. So, I think that

1855
01:10:27,199 --> 01:10:30,239
would be that it was just difficult. Um,

1856
01:10:30,239 --> 01:10:31,760
yeah, it's not a huge home. In fact, we

1857
01:10:31,760 --> 01:10:33,679
originally wouldn't have a basement to

1858
01:10:33,679 --> 01:10:35,520
anyways. we have all kinds of kids and

1859
01:10:35,520 --> 01:10:37,120
grandkids and we're looking forward to

1860
01:10:37,120 --> 01:10:39,040
this thing and that just didn't work out

1861
01:10:39,040 --> 01:10:41,120
the way we thought. So, we really have

1862
01:10:41,120 --> 01:10:43,679
tried to bring it in, but I want to

1863
01:10:43,679 --> 01:10:44,239
share that with you.

1864
01:10:44,239 --> 01:10:45,199
>> I appreciate that. Thank you.

1865
01:10:45,199 --> 01:10:46,960
>> Thank you.

1866
01:10:46,960 --> 01:10:52,390
>> Any other questions for the applicant

1867
01:10:52,400 --> 01:10:53,760
» and I'm not going to ask if there's

1868
01:10:53,760 --> 01:10:55,679
anybody to speak because there's nobody

1869
01:10:55,679 --> 01:10:57,760
else in the room.

1870
01:10:57,760 --> 01:10:59,760
Um, did you want to say something,

1871
01:10:59,760 --> 01:11:01,440
Travis? Well, I just wanted to add just

1872
01:11:01,440 --> 01:11:05,040
on this on the setback part as far as on

1873
01:11:05,040 --> 01:11:07,120
you know, it was identified late in the

1874
01:11:07,120 --> 01:11:09,920
process. It originally was submitted

1875
01:11:09,920 --> 01:11:14,080
meeting the setbacks and then that storm

1876
01:11:14,080 --> 01:11:17,120
sewer line was flagged very late in the

1877
01:11:17,120 --> 01:11:17,760
process.

1878
01:11:17,760 --> 01:11:19,760
>> Back back to what Tom was telling us

1879
01:11:19,760 --> 01:11:20,239
about.

1880
01:11:20,239 --> 01:11:22,560
>> Exactly. And so then they just shifted

1881
01:11:22,560 --> 01:11:26,000
it five feet to accommodate that

1882
01:11:26,000 --> 01:11:29,760
request because of that storm line, you

1883
01:11:29,760 --> 01:11:31,120
know, because it was so late in the

1884
01:11:31,120 --> 01:11:33,280
process. And that's why that this first

1885
01:11:33,280 --> 01:11:34,560
case is before you.

1886
01:11:34,560 --> 01:11:36,640
>> So if we were so inclined, we could we

1887
01:11:36,640 --> 01:11:39,280
could conclude that the late discovery

1888
01:11:39,280 --> 01:11:41,199
of the location of that storm line

1889
01:11:41,199 --> 01:11:42,800
created a hardship.

1890
01:11:42,800 --> 01:11:43,679
>> You could.

1891
01:11:43,679 --> 01:11:45,600
>> Okay. Just just want to make sure we're

1892
01:11:45,600 --> 01:11:47,920
all hearing the same thing.

1893
01:11:47,920 --> 01:11:51,360
>> Okay. Any other questions?

1894
01:11:51,360 --> 01:11:53,280
Okay. Well, we need to consider the five

1895
01:11:53,280 --> 01:11:54,880
criteria now. You're welcome to sit down

1896
01:11:54,880 --> 01:11:56,320
while we do it. We'll call you back up

1897
01:11:56,320 --> 01:11:57,840
if we need to talk to you again. Thank

1898
01:11:57,840 --> 01:11:59,040
you for your presentation.

1899
01:11:59,040 --> 01:11:59,520
>> Thank you.

1900
01:11:59,520 --> 01:12:02,560
>> And it's beautiful design. Um, all

1901
01:12:02,560 --> 01:12:04,159
right. You all know what the five

1902
01:12:04,159 --> 01:12:05,440
criteria are. Let's start with

1903
01:12:05,440 --> 01:12:07,760
uniqueness of property. Any comments?

1904
01:12:07,760 --> 01:12:10,960
>> It is unique.

1905
01:12:10,960 --> 01:12:12,400
>> We've had a lot of discussion. It

1906
01:12:12,400 --> 01:12:14,000
shouldn't be

1907
01:12:14,000 --> 01:12:16,480
>> Mr. Chairman, I think the uniqueness of

1908
01:12:16,480 --> 01:12:19,520
property criteria has been satisfied. As

1909
01:12:19,520 --> 01:12:21,840
the staff notes indicate, property is

1910
01:12:21,840 --> 01:12:23,760
not a similar size or shape to most in

1911
01:12:23,760 --> 01:12:25,040
the neighborhood. You got the storm

1912
01:12:25,040 --> 01:12:26,880
drain running through it, so I think it

1913
01:12:26,880 --> 01:12:28,640
is unique. Thank you.

1914
01:12:28,640 --> 01:12:30,080
>> All those who believe it's met this

1915
01:12:30,080 --> 01:12:32,080
criteria, please say I

1916
01:12:32,080 --> 01:12:33,440
>> oppose. Nay.

1917
01:12:33,440 --> 01:12:35,360
>> Rights of adjacent property owners. I

1918
01:12:35,360 --> 01:12:36,880
assume letters went out and you haven't

1919
01:12:36,880 --> 01:12:38,560
received any problems.

1920
01:12:38,560 --> 01:12:41,199
>> No calls or concerns.

1921
01:12:41,199 --> 01:12:43,199
All those who in who believe it's met

1922
01:12:43,199 --> 01:12:45,360
this criteria, please say I. I

1923
01:12:45,360 --> 01:12:46,640
>> oppose. Nay.

1924
01:12:46,640 --> 01:12:48,880
>> Hardship. We've had a lot of discussion

1925
01:12:48,880 --> 01:12:53,280
about that as well. Um and I just will

1926
01:12:53,280 --> 01:12:55,760
remind you, we just confirmed that the

1927
01:12:55,760 --> 01:12:57,679
late discovery of the storm drain did

1928
01:12:57,679 --> 01:12:59,679
create a certain hardship in this

1929
01:12:59,679 --> 01:13:02,640
process. So just for your consideration.

1930
01:13:02,640 --> 01:13:04,480
Any other thoughts on hardship?

1931
01:13:04,480 --> 01:13:07,120
>> I think that's a great consideration

1932
01:13:07,120 --> 01:13:08,719
approving the criteria.

1933
01:13:08,719 --> 01:13:11,280
>> Thanks, Gary. Uh, all those who believe

1934
01:13:11,280 --> 01:13:13,440
it's met this criteria, please say I.

1935
01:13:13,440 --> 01:13:14,080
>> I.

1936
01:13:14,080 --> 01:13:16,640
>> Opposed? Nay. Public safety and general

1937
01:13:16,640 --> 01:13:19,199
welfare. Any comments?

1938
01:13:19,199 --> 01:13:20,560
All those who believe it's met this

1939
01:13:20,560 --> 01:13:22,400
criteria, please say I.

1940
01:13:22,400 --> 01:13:23,040
>> I.

1941
01:13:23,040 --> 01:13:25,679
>> Oppose. Nay. And finally, spirit and

1942
01:13:25,679 --> 01:13:28,870
intent.

1943
01:13:28,880 --> 01:13:30,320
Any comments?

1944
01:13:30,320 --> 01:13:31,040
>> Beautiful house.

1945
01:13:31,040 --> 01:13:33,040
>> It looks like a beautiful house. All

1946
01:13:33,040 --> 01:13:34,239
those who believe it's met this

1947
01:13:34,239 --> 01:13:35,840
criteria, please say I.

1948
01:13:35,840 --> 01:13:36,239
>> I.

1949
01:13:36,239 --> 01:13:39,199
>> Oppose. Nay. All right. Having gotten a

1950
01:13:39,199 --> 01:13:41,760
positive response on all five criteria,

1951
01:13:41,760 --> 01:13:43,520
we can entertain a motion to approve

1952
01:13:43,520 --> 01:13:45,040
this request for a variance to the

1953
01:13:45,040 --> 01:13:47,840
sideyard setback.

1954
01:13:47,840 --> 01:13:49,920
Mr. Chairman, I'd like to propose that

1955
01:13:49,920 --> 01:13:53,679
we approve case number 65-2026

1956
01:13:53,679 --> 01:13:56,640
at 8614 Meadow Lane, a request for a

1957
01:13:56,640 --> 01:13:59,679
variance to the maximum allowed. Nope,

1958
01:13:59,679 --> 01:14:05,830
that's the wrong one.

1959
01:14:05,840 --> 01:14:08,000
request a variance for the side setback

1960
01:14:08,000 --> 01:14:14,550
in accordance with the LDO-16-2-5.3D

1961
01:14:14,560 --> 01:14:16,000
in an R1 district.

1962
01:14:16,000 --> 01:14:16,640
>> Second.

1963
01:14:16,640 --> 01:14:19,040
>> Have a motion and a second. Uh all those

1964
01:14:19,040 --> 01:14:21,120
in favor of approval say I.

1965
01:14:21,120 --> 01:14:21,600
>> I.

1966
01:14:21,600 --> 01:14:22,880
>> Oppose. Nay.

1967
01:14:22,880 --> 01:14:25,120
>> It passes. Obviously, you'll be

1968
01:14:25,120 --> 01:14:26,960
notified. That brings us to the second

1969
01:14:26,960 --> 01:14:29,920
one which is the same property, the same

1970
01:14:29,920 --> 01:14:33,679
issue, but it has to do with a request

1971
01:14:33,679 --> 01:14:36,239
for a variance to the maximum allowed

1972
01:14:36,239 --> 01:14:40,239
grade change. Does staff have a report?

1973
01:14:40,239 --> 01:14:42,159
The applicant has proposed a tear down

1974
01:14:42,159 --> 01:14:45,199
rebuild that will require maximum of

1975
01:14:45,199 --> 01:14:47,199
three foot in grade change at the front

1976
01:14:47,199 --> 01:14:49,120
corner of the home and a maximum of

1977
01:14:49,120 --> 01:14:51,920
approximately 7 feet at the pool area.

1978
01:14:51,920 --> 01:14:54,159
The maximum grade change allowed is 1

1979
01:14:54,159 --> 01:14:57,120
foot. A variance of approximately 6 feet

1980
01:14:57,120 --> 01:14:59,840
is needed to build the home as proposed.

1981
01:14:59,840 --> 01:15:02,159
>> And once again, regardless of whether we

1982
01:15:02,159 --> 01:15:04,159
approve this or not, whatever we approve

1983
01:15:04,159 --> 01:15:07,360
will have to meet our storm water

1984
01:15:07,360 --> 01:15:09,440
requirements before it's finally

1985
01:15:09,440 --> 01:15:10,960
approved. Correct.

1986
01:15:10,960 --> 01:15:12,320
>> Correct. And again, if you have

1987
01:15:12,320 --> 01:15:13,840
questions for Tom, he's here.

1988
01:15:13,840 --> 01:15:17,199
>> Exactly. Okay. Um, any questions for

1989
01:15:17,199 --> 01:15:20,550
staff?

1990
01:15:20,560 --> 01:15:22,400
Mr. Acres, you want to come back up for

1991
01:15:22,400 --> 01:15:27,910
a little bit?

1992
01:15:27,920 --> 01:15:30,800
» I had the FEMA engineer design it to

1993
01:15:30,800 --> 01:15:32,560
help me to get approval so that we would

1994
01:15:32,560 --> 01:15:34,640
meet the zero rise certification. So

1995
01:15:34,640 --> 01:15:37,040
everything that we did,

1996
01:15:37,040 --> 01:15:41,600
we actually um have exceeded it by 30

1997
01:15:41,600 --> 01:15:43,199
square feet, I think he wrote on his

1998
01:15:43,199 --> 01:15:45,920
study. And so we've actually given back

1999
01:15:45,920 --> 01:15:52,070
more compens

2000
01:15:52,080 --> 01:15:52,560
Okay.

2001
01:15:52,560 --> 01:15:54,480
>> And then even some of it, part of that

2002
01:15:54,480 --> 01:15:57,440
yellow part in the back, I can even open

2003
01:15:57,440 --> 01:15:59,440
that up and keep well I can let water

2004
01:15:59,440 --> 01:16:01,360
pass through underneath the pool house.

2005
01:16:01,360 --> 01:16:02,960
He just didn't design it that way. We

2006
01:16:02,960 --> 01:16:04,800
may do it that way anyway the way we're

2007
01:16:04,800 --> 01:16:06,320
doing it. So therefore, it would have

2008
01:16:06,320 --> 01:16:10,159
flood vents to run underneath the

2009
01:16:10,159 --> 01:16:12,000
extension, the outdoor kitchen. There's

2010
01:16:12,000 --> 01:16:14,800
a kitchen and hot tub room and bathroom

2011
01:16:14,800 --> 01:16:20,400
and garage all in the back. We can we're contemplating of uh leaving that

2012
01:16:20,400 --> 01:16:23,520
all open so that water can pass through.

2013
01:16:23,520 --> 01:16:24,080
>> Okay.

2014
01:16:24,080 --> 01:16:26,560
>> Which should then give even more flood

2015
01:16:26,560 --> 01:16:28,000
compensatory storage.

2016
01:16:28,000 --> 01:16:28,480
>> All right.

2017
01:16:28,480 --> 01:16:30,400
>> So the fill area that they're talking

2018
01:16:30,400 --> 01:16:31,920
about

2019
01:16:31,920 --> 01:16:34,080
like again it is the uniqueness is where

2020
01:16:34,080 --> 01:16:37,280
we're at. So what I've had to deal with

2021
01:16:37,280 --> 01:16:39,440
so

2022
01:16:39,440 --> 01:16:41,520
I've met that by giving back more

2023
01:16:41,520 --> 01:16:43,280
compens.

2024
01:16:43,280 --> 01:16:45,840
What what hardship would be created by

2025
01:16:45,840 --> 01:16:48,320
not approving this request?

2026
01:16:48,320 --> 01:16:50,320
>> Well, again, it's the same. We own it.

2027
01:16:50,320 --> 01:16:50,800
And

2028
01:16:50,800 --> 01:16:52,080
>> go ahead, tell us.

2029
01:16:52,080 --> 01:16:54,400
>> It's the same. We We already own it. We

2030
01:16:54,400 --> 01:16:56,640
needed We want They needed They wanted a

2031
01:16:56,640 --> 01:16:58,640
pool. I don't know about need, but they

2032
01:16:58,640 --> 01:17:00,960
wanted the pool. They wanted the the

2033
01:17:00,960 --> 01:17:04,719
design that we have. And if we don't do

2034
01:17:04,719 --> 01:17:06,480
it, then we have to figure out something

2035
01:17:06,480 --> 01:17:10,080
else. So to to effectively build the

2036
01:17:10,080 --> 01:17:12,640
home we've we've approved in the prior

2037
01:17:12,640 --> 01:17:14,320
variance

2038
01:17:14,320 --> 01:17:16,640
um you need this as well.

2039
01:17:16,640 --> 01:17:17,760
>> Is that correct?

2040
01:17:17,760 --> 01:17:20,719
>> Yes sir. Other than we still did meet

2041
01:17:20,719 --> 01:17:23,120
all those

2042
01:17:23,120 --> 01:17:24,719
I think we met all the intents and

2043
01:17:24,719 --> 01:17:26,640
everything else because if we take it

2044
01:17:26,640 --> 01:17:28,080
away we have to give it back. They

2045
01:17:28,080 --> 01:17:29,280
always tell me if I take it away

2046
01:17:29,280 --> 01:17:30,400
somewhere I have to give it back

2047
01:17:30,400 --> 01:17:32,320
somewhere else. And so I did I'll do

2048
01:17:32,320 --> 01:17:32,880
that.

2049
01:17:32,880 --> 01:17:37,510
>> Okay. Questions?

2050
01:17:37,520 --> 01:17:39,120
Okay, we're going to go through our five

2051
01:17:39,120 --> 01:17:41,199
criteria.

2052
01:17:41,199 --> 01:17:43,920
Um, first is uniqueness of the property.

2053
01:17:43,920 --> 01:17:45,760
Nothing's changed about the property, so

2054
01:17:45,760 --> 01:17:47,520
I assume there's are there any other

2055
01:17:47,520 --> 01:17:50,239
comments on uniqueness.

2056
01:17:50,239 --> 01:17:51,600
>> All those who believe it's met this

2057
01:17:51,600 --> 01:17:53,120
criteria, please say I.

2058
01:17:53,120 --> 01:17:53,920
>> I.

2059
01:17:53,920 --> 01:17:56,320
>> Oppos? Nay. Rights adjacent property

2060
01:17:56,320 --> 01:17:58,880
owners. Um,

2061
01:17:58,880 --> 01:18:00,719
I think Ron's already confirmed to us.

2062
01:18:00,719 --> 01:18:02,159
Letters have gone out and we've got no

2063
01:18:02,159 --> 01:18:03,679
complaints. All those who believe it's

2064
01:18:03,679 --> 01:18:06,239
met this criteria, please say I.

2065
01:18:06,239 --> 01:18:08,159
>> Oppose. Nay.

2066
01:18:08,159 --> 01:18:12,790
>> Hardship. Any comments?

2067
01:18:12,800 --> 01:18:14,480
» I'll just comment for the record that

2068
01:18:14,480 --> 01:18:16,560
this looks like it's a very difficult

2069
01:18:16,560 --> 01:18:20,480
situation to deal with and uh I I'd

2070
01:18:20,480 --> 01:18:22,239
frankly be reluctant to tell them to go

2071
01:18:22,239 --> 01:18:25,280
back and redesign it. But in any case,

2072
01:18:25,280 --> 01:18:28,159
>> any other comments?

2073
01:18:28,159 --> 01:18:29,600
All those who believe it's met this

2074
01:18:29,600 --> 01:18:31,040
criteria, please say I.

2075
01:18:31,040 --> 01:18:34,239
>> I. I. Opposed? Nay. Public safety and

2076
01:18:34,239 --> 01:18:37,760
general welfare. Any comments. All those

2077
01:18:37,760 --> 01:18:39,360
who believe this criteria has been met,

2078
01:18:39,360 --> 01:18:40,320
please say I.

2079
01:18:40,320 --> 01:18:40,880
>> I. I.

2080
01:18:40,880 --> 01:18:43,520
>> Opposed. Nay. And finally, spirit and

2081
01:18:43,520 --> 01:18:46,080
intent.

2082
01:18:46,080 --> 01:18:48,320
Just ditto Gary's comment from the last

2083
01:18:48,320 --> 01:18:50,480
case. All those who believe it's met

2084
01:18:50,480 --> 01:18:52,560
this criteria, please say I.

2085
01:18:52,560 --> 01:18:53,280
>> I.

2086
01:18:53,280 --> 01:18:56,000
>> Oppose. Nay. All right. Having

2087
01:18:56,000 --> 01:18:57,760
affirmative responses on all five

2088
01:18:57,760 --> 01:18:59,840
criteria, we can entertain a motion to

2089
01:18:59,840 --> 01:19:02,400
approve this request for variance to the

2090
01:19:02,400 --> 01:19:06,870
maximum allowed grade change.

2091
01:19:06,880 --> 01:19:09,520
Mr. Chairman on case

2092
01:19:09,520 --> 01:19:12,320
65-2026

2093
01:19:12,320 --> 01:19:15,280
8614 meadow lane request for variance to

2094
01:19:15,280 --> 01:19:17,920
the maximum allowable grade change in

2095
01:19:17,920 --> 01:19:20,560
accordance with the LDO section

2096
01:19:20,560 --> 01:19:23,910
16-2-5.3G

2097
01:19:23,920 --> 01:19:27,120
in an R1 district. I move for approval.

2098
01:19:27,120 --> 01:19:29,520
>> Have a motion and a second. All those in

2099
01:19:29,520 --> 01:19:32,159
favor of approval, please say I.

2100
01:19:32,159 --> 01:19:33,440
>> Oppose. Nay.

2101
01:19:33,440 --> 01:19:35,440
>> It passes unanimously. Thanks for coming

2102
01:19:35,440 --> 01:19:41,189
in, folks, and for your patience.

2103
01:19:41,199 --> 01:19:47,910
» Of course.

2104
01:19:47,920 --> 01:19:50,640
Thank you.

2105
01:19:50,640 --> 01:19:54,239
We've been working on this one year. One

2106
01:19:54,239 --> 01:19:57,760
year. Been a long year. And it's going

2107
01:19:57,760 --> 01:20:01,840
to be a nice home. And uh our

2108
01:20:01,840 --> 01:20:04,640
grandchildren will enjoy the pool. So,

2109
01:20:04,640 --> 01:20:05,280
I'm glad.

2110
01:20:05,280 --> 01:20:12,950
>> Sorry.

2111
01:20:12,960 --> 01:20:13,840
» Thanks so much.

2112
01:20:13,840 --> 01:20:15,440
>> Well, thank you and your builder for a

2113
01:20:15,440 --> 01:20:16,640
professional approach. We really

2114
01:20:16,640 --> 01:20:18,159
appreciate it. Thank you very much.

2115
01:20:18,159 --> 01:20:19,600
>> It would be a nice addition to the

2116
01:20:19,600 --> 01:20:20,239
neighborhood.

2117
01:20:20,239 --> 01:20:24,159
>> Yep. Is there a motion to adjurnn?

2118
01:20:24,159 --> 01:20:27,400
We're done.