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[0:07]
Okay. Good evening. I am the vice chair
[0:10]
of the board of appeals and zoning and I
[0:13]
call this meeting to order. Secretary,
[0:16]
please take role.
[0:20]
Um,
[0:22]
board member Forbes is missing. Board
[0:25]
member absent. Sorry. Board member Gail
[0:28]
present. Board member Nash present.
[0:31]
Board member Nail present. You have a
[0:34]
quorum. Okay, thank you.
[0:38]
So, everybody's had a chance to
[0:42]
Sorry. Copeland. Board member Copeland
[0:44]
present.
[0:51]
Am I okay to go yet? Yes. Sorry. Okay.
[0:55]
Everybody's had a chance to read the
[0:56]
minutes and the agenda.
[1:00]
Do we have a motion to approve?
[1:06]
So move. Yes. Support. All those in
[1:09]
favor? I I. Any corrections?
[1:13]
Seeing none.
[1:16]
Okay.
[1:19]
So, we'll go into new business. Correct.
[1:21]
Yes. Okay. The function of a board is to
[1:23]
provide zoning flexibility. The action
[1:26]
of the board can be in an interpretation
[1:28]
which involves an interpretation of the
[1:30]
zoning code text or zoning district
[1:33]
boundary. We may also issue a variance
[1:36]
with with the which is an appeal to vary
[1:39]
from the strict application of the
[1:41]
zoning code. This med meeting is
[1:43]
videotaped. It is important only one
[1:46]
person may speak at a time and the
[1:48]
audience must observe the respect of the
[1:51]
speaker.
[1:52]
When the appeal in which you are
[1:54]
interested in is called, please come
[1:56]
forward to the podium and allow the
[1:59]
board a moment to review your material
[2:02]
after which you may give your name
[2:04]
address to the secretary.
[2:07]
After the appellent presentation, anyone
[2:09]
interested to come forward
[2:12]
can give his or her name and address to
[2:15]
the secretary. Please make your comments
[2:17]
brief and to the points. Speakers shall
[2:20]
not ask questions specifically to the
[2:22]
board members. Each speaker is limited
[2:25]
to three minutes and may only speak
[2:27]
once.
[2:30]
The board will discuss the appeal, vote,
[2:33]
and continue to the next appeal. An
[2:36]
affirmative vote of twothirds of the
[2:39]
board, which is in this case three
[2:41]
votes, shall be necessary to decide in
[2:44]
favor of an appeal. The action of this
[2:47]
board is final. The only relief is
[2:49]
through the court.
[2:51]
Are there any questions?
[2:55]
If none, the secretary will call the
[2:58]
first appeal. Mr. Chairman, this is um
[3:01]
case number J25-2833.
[3:05]
This is a variance request for parking
[3:08]
in the front yard setback area. Um, in
[3:11]
this case, there are two violations of
[3:13]
the city's ordinance on 2215 Trenton
[3:18]
Street. The first one is paving in the
[3:21]
rightway between the sidewalk and the
[3:23]
curb, which is cons called the back of
[3:25]
the curb parking. Uh there was no permit
[3:28]
that was was uh
[3:31]
um applied for for that and the city
[3:35]
engineering would typically look at that
[3:38]
case um if a permit was was applied for
[3:43]
um and then typically they they do not
[3:45]
permit that that in in most cases. Um
[3:49]
the second violation is the expansion of
[3:52]
the park of the driveway into the uh
[3:56]
front yard setback of the area.
[3:59]
Um
[4:01]
the applicant is seeking a variance uh
[4:04]
to permit that portion of the driveway
[4:06]
to be extended in the front yard set
[4:08]
back and allow for the paving within the
[4:10]
right of way which has already been
[4:12]
installed. Um
[4:16]
staff is recommending denial of the
[4:19]
request. Um it sets precedence for the
[4:24]
community. Okay. Thank you. I I didn't
[4:27]
catch the denial part of it. I I say
[4:30]
just it sets precedence for the rest of
[4:33]
the community. Okay. Okay.
[4:37]
We will now open the public
[4:39]
hearing to consider the request. Is
[4:41]
there anyone here who would like to make
[4:43]
a comment on this case?
[4:48]
Yes.
[4:56]
Hi, my name is Martha Stewart and I own
[4:58]
the property at 2215 Trenton. Um, I'm
[5:02]
not sure if everyone got a copy of the
[5:04]
letter I stated, so you all know the
[5:08]
situation. Um, I've been a landlord for
[5:10]
25 years. I've never um, per se broken
[5:14]
the rules. I usually do things um, you
[5:17]
know, like it's supposed to be done.
[5:19]
I've never been in this situation
[5:20]
before. I've hired several contractors
[5:23]
through the years. I've never pulled a
[5:25]
permit. Um, they've always taken care of
[5:27]
it. Um, so that's kind of the situation
[5:32]
that I'm in. Um, I'm not blaming the
[5:34]
contractor. I learned a lesson that I
[5:36]
should ask more questions. Um if I did
[5:40]
know prior, um I I wouldn't have even
[5:43]
planned the project, you know. Um so I'm
[5:46]
just requesting that I'm able to keep it
[5:48]
and not have to be forced to tear it
[5:51]
out. Um
[5:54]
and just um appreciate the consideration
[5:58]
to and thank you for all be all of you
[6:00]
for being here and um considering my
[6:03]
case. So, thank you.
[6:08]
Is there anyone here, anyone else here
[6:10]
that would like to comment on this case?
[6:15]
Please state your name and address.
[6:23]
My name is Amy Cheetah and I live at
[6:27]
2215 Trenton
[6:30]
at the house.
[6:32]
Um
[6:35]
I have been sick and battling cancer.
[6:38]
There did come a time where there seemed
[6:40]
to be a lot of vehicles, a lot of family
[6:43]
there, people coming to stay that
[6:44]
normally we don't do that type of
[6:47]
situation.
[6:48]
So along with other reasons I'm sure but
[6:52]
she's been very much trying to
[6:54]
accommodate me. And the only other thing
[6:56]
I would like to say of all the
[6:58]
properties on the street and in that
[7:00]
neighborhood, Marty has one of the best
[7:03]
kept houses. Curb appeal is 100%. The
[7:07]
yard is never left to grow up like the
[7:11]
neighbors two door down that gets to
[7:13]
your knees that looks like junk. Her
[7:16]
shrubs are always manicured. We have
[7:19]
beautiful flowers out front. Just my
[7:21]
point is this by no means is an eyesore
[7:25]
to anybody, but I understand you have
[7:29]
rules that I don't understand about the
[7:31]
driveway, but okay, that's all I wanted
[7:33]
to say. Thank you for listening. Okay.
[7:35]
Thank you.
[7:38]
Is there anybody else that would like to
[7:40]
speak on this appeal?
[7:46]
Is there anyone else that would like to
[7:47]
speak on this appeal?
[7:52]
Is there anyone else that would like to
[7:54]
speak on this appeal
[8:01]
at this point?
[8:04]
We would like to close the public
[8:06]
hearing with the vote. So, do we have a
[8:09]
motion to close? Do we have a motion to
[8:11]
close the public hearing? So, moved.
[8:14]
Second. All in favor? I. All opposed?
[8:19]
Seeing none,
[8:21]
go on the
[8:25]
discussion.
[8:29]
You need a motion to approve and then
[8:32]
you can go into discussion. But I don't
[8:34]
do that, right? Somebody else has. Yeah,
[8:36]
somebody's Yeah, I'm going to take make
[8:38]
a motion to speak on
[8:41]
a motion for discussion. It would be a
[8:44]
motion to approve the variance, which
[8:45]
opens it up for discussion. For
[8:47]
discussion. Oh, okay. Well, I I will
[8:49]
make that motion. Second. Okay. All
[8:52]
those in favor? I I Okay.
[8:57]
So, is there any discussion on this
[8:59]
project
[9:01]
from the board? I So,
[9:05]
we did the approval before discussion.
[9:07]
So, I think you need to
[9:11]
resend that last vote and redo. Okay.
[9:15]
Gotcha. Got you. Yeah. So, I
[9:18]
rescend the vote. So, you need a motion
[9:20]
to rescend. Need a motion to resend.
[9:23]
Motion and support. Need to support.
[9:26]
Second. All those in favor? I. All
[9:29]
right. Now, a new motion to approve and
[9:33]
support and then discuss and then vote.
[9:37]
New motion to approve and support. Yes.
[9:41]
Second. Oh, that's done. Now discuss.
[9:45]
Now we can go into discussion. Thank
[9:47]
you. Any questions from the board, the
[9:50]
commissioners?
[9:52]
Go ahead. The picture from 2319 North
[9:55]
Mason Street. I was just trying to make
[9:57]
sure I understood the placement. Did the
[10:00]
city provide that to us as an example?
[10:04]
No, no. The uh applicant provided that.
[10:07]
Um I called the engineering department.
[10:10]
That was um a time when North Mason was
[10:14]
being um
[10:17]
uh re paved and so they were getting a
[10:21]
rid of on street parking. So they made
[10:26]
an exception for this person to allow
[10:28]
them because they did not because they
[10:32]
were going to lose any on street parking
[10:34]
from their house.
[10:37]
And then the followup question is the
[10:40]
recommendation from city staff is that
[10:43]
is from our city engineering department
[10:46]
based on what is provided it still would
[10:50]
not meet city regulations. That's
[10:52]
correct. And likewise the expansion of
[10:56]
the driveway into the front yard setback
[10:59]
area does not meet the zoning ordinance.
[11:03]
And does the current owner have the
[11:06]
opportunity to pull a permit and
[11:09]
renegotiate and have conversations with
[11:11]
city engineering regarding
[11:14]
this?
[11:16]
Um, again, it it sets bad precedents for
[11:20]
the city. Thank you,
[11:23]
Mr. Gil.
[11:28]
Like I say, I drove by. I understand that it's an eyes sore, but
[11:34]
uh it would be an eyesore to tear it up
[11:36]
again, too. Well, not if you plant grass
[11:39]
back in there.
[11:42]
I mean, if you look at the driveway as
[11:44]
it sits now, there was an expansion of
[11:46]
that driveway south. You could fit three
[11:50]
cars side by side in there, plus the
[11:54]
twocar garage.
[11:57]
Any
[12:03]
other? Well, are we are we discussing
[12:05]
the south or the north side? The north.
[12:08]
Okay.
[12:10]
That's the part that violates the
[12:14]
That's the north and that's the south.
[12:16]
Yeah. Any other discussion from the
[12:18]
board? Right. Correct. Any other
[12:21]
discussion from the board?
[12:25]
Um I'm a long-term resident of Sagena
[12:29]
and I looking at this it does it's it
[12:32]
will set up a precedent for the rest of
[12:34]
the city meaning that other people might
[12:38]
keep on pouring paving more and more the
[12:41]
driveway over the years
[12:43]
since and uh unfortunately in this
[12:46]
situation there was no permit pulled and
[12:50]
in most cases the contractor should have
[12:53]
known
[12:54]
that there was should have been a
[12:55]
permit. It's a direct violation of city
[12:58]
code every place, every way you look at
[13:00]
it.
[13:04]
Any other discussion from the board?
[13:12]
Okay, since there is no other
[13:15]
discussion, we will call for the vote.
[13:17]
And likewise, I just want to remind
[13:19]
everyone that
[13:21]
you need to state why you're voting.
[13:24]
Yes, we have a roll call or just
[13:29]
uh Sure.
[13:31]
Okay. Commissioner or board member Gail,
[13:40]
we're voting for the approval or for
[13:45]
disapproval. What what So you're you're
[13:48]
voting the motion is a motion to
[13:49]
approve. A yes vote would be for
[13:52]
approval. A no vote would be to deny
[13:55]
approval. Okay. But you still have to
[13:57]
give the reason the reason either way. I
[14:00]
understand.
[14:11]
I guess I vote against it because it
[14:14]
does not comply with city ordinances.
[14:22]
Um, board member Nash, I would vote no
[14:27]
because it is against the city ordinance
[14:30]
and it will set a precedent throughout
[14:32]
the city.
[14:36]
Board member Nightingale, I would vote
[14:39]
no uh because it is not compliant with
[14:42]
city bylaw.
[14:46]
And board member Copelan, I will also be
[14:49]
voting may uh due to it not meeting city
[14:52]
ordinance.
[14:58]
So the motion fails.
[15:03]
Okay, that's the end of that goes public comment now.
[15:09]
Um, there was no public here for
[15:12]
comment. So,
[15:14]
just call it in case. Okay, you just
[15:17]
call it in case. Huh? Just call it in
[15:20]
case. Ask if there's anybody. Is there
[15:21]
anybody that would like to speak for
[15:24]
public contact? Uh, public comment.
[15:27]
Anybody for public comment?
[15:30]
Anyone for public comment? Seeing none.
[15:35]
Can I speak twice or no? Not. It has to
[15:39]
be for a different topic. Okay.
[15:45]
Do is there any old business? No. Okay.
[15:50]
Seeing no old business, I'd like a
[15:52]
motion for adjournment.
[15:55]
So moved. Second. Approve.
[15:59]
All those in favor? I I motion
[16:02]
adjourned. Meet an adjournment.
[16:08]
[Music]