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