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Okay. Good evening. I am the vice chair

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of the board of appeals and zoning and I

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call this meeting to order. Secretary,

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please take role.

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Um,

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board member Forbes is missing. Board

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member absent. Sorry. Board member Gail

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present. Board member Nash present.

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Board member Nail present. You have a

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quorum. Okay, thank you.

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So, everybody's had a chance to

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Sorry. Copeland. Board member Copeland

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present.

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Am I okay to go yet? Yes. Sorry. Okay.

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Everybody's had a chance to read the

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minutes and the agenda.

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Do we have a motion to approve?

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So move. Yes. Support. All those in

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favor? I I. Any corrections?

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Seeing none.

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Okay.

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So, we'll go into new business. Correct.

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Yes. Okay. The function of a board is to

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provide zoning flexibility. The action

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of the board can be in an interpretation

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which involves an interpretation of the

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zoning code text or zoning district

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boundary. We may also issue a variance

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with with the which is an appeal to vary

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from the strict application of the

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zoning code. This med meeting is

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videotaped. It is important only one

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person may speak at a time and the

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audience must observe the respect of the

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speaker.

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When the appeal in which you are

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interested in is called, please come

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forward to the podium and allow the

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board a moment to review your material

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after which you may give your name

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address to the secretary.

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After the appellent presentation, anyone

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interested to come forward

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can give his or her name and address to

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the secretary. Please make your comments

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brief and to the points. Speakers shall

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not ask questions specifically to the

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board members. Each speaker is limited

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to three minutes and may only speak

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once.

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The board will discuss the appeal, vote,

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and continue to the next appeal. An

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affirmative vote of twothirds of the

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board, which is in this case three

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votes, shall be necessary to decide in

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favor of an appeal. The action of this

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board is final. The only relief is

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through the court.

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Are there any questions?

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If none, the secretary will call the

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first appeal. Mr. Chairman, this is um

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case number J25-2833.

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This is a variance request for parking

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in the front yard setback area. Um, in

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this case, there are two violations of

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the city's ordinance on 2215 Trenton

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Street. The first one is paving in the

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rightway between the sidewalk and the

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curb, which is cons called the back of

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the curb parking. Uh there was no permit

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that was was uh

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um applied for for that and the city

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engineering would typically look at that

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case um if a permit was was applied for

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um and then typically they they do not

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permit that that in in most cases. Um

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the second violation is the expansion of

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the park of the driveway into the uh

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front yard setback of the area.

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Um

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the applicant is seeking a variance uh

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to permit that portion of the driveway

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to be extended in the front yard set

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back and allow for the paving within the

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right of way which has already been

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installed. Um

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staff is recommending denial of the

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request. Um it sets precedence for the

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community. Okay. Thank you. I I didn't

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catch the denial part of it. I I say

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just it sets precedence for the rest of

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the community. Okay. Okay.

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We will now open the public

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hearing to consider the request. Is

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there anyone here who would like to make

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a comment on this case?

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Yes.

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Hi, my name is Martha Stewart and I own

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the property at 2215 Trenton. Um, I'm

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not sure if everyone got a copy of the

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letter I stated, so you all know the

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situation. Um, I've been a landlord for

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25 years. I've never um, per se broken

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the rules. I usually do things um, you

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know, like it's supposed to be done.

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I've never been in this situation

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before. I've hired several contractors

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through the years. I've never pulled a

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permit. Um, they've always taken care of

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it. Um, so that's kind of the situation

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that I'm in. Um, I'm not blaming the

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contractor. I learned a lesson that I

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should ask more questions. Um if I did

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know prior, um I I wouldn't have even

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planned the project, you know. Um so I'm

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just requesting that I'm able to keep it

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and not have to be forced to tear it

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out. Um

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and just um appreciate the consideration

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to and thank you for all be all of you

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for being here and um considering my

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case. So, thank you.

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Is there anyone here, anyone else here

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that would like to comment on this case?

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Please state your name and address.

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My name is Amy Cheetah and I live at

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2215 Trenton

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at the house.

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Um

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I have been sick and battling cancer.

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There did come a time where there seemed

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to be a lot of vehicles, a lot of family

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there, people coming to stay that

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normally we don't do that type of

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situation.

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So along with other reasons I'm sure but

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she's been very much trying to

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accommodate me. And the only other thing

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I would like to say of all the

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properties on the street and in that

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neighborhood, Marty has one of the best

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kept houses. Curb appeal is 100%. The

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yard is never left to grow up like the

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neighbors two door down that gets to

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your knees that looks like junk. Her

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shrubs are always manicured. We have

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beautiful flowers out front. Just my

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point is this by no means is an eyesore

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to anybody, but I understand you have

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rules that I don't understand about the

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driveway, but okay, that's all I wanted

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to say. Thank you for listening. Okay.

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Thank you.

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Is there anybody else that would like to

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speak on this appeal?

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Is there anyone else that would like to

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speak on this appeal?

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Is there anyone else that would like to

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speak on this appeal

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at this point?

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We would like to close the public

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hearing with the vote. So, do we have a

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motion to close? Do we have a motion to

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close the public hearing? So, moved.

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Second. All in favor? I. All opposed?

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Seeing none,

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go on the

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discussion.

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You need a motion to approve and then

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you can go into discussion. But I don't

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do that, right? Somebody else has. Yeah,

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somebody's Yeah, I'm going to take make

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a motion to speak on

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a motion for discussion. It would be a

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motion to approve the variance, which

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opens it up for discussion. For

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discussion. Oh, okay. Well, I I will

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make that motion. Second. Okay. All

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those in favor? I I Okay.

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So, is there any discussion on this

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project

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from the board? I So,

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we did the approval before discussion.

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So, I think you need to

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resend that last vote and redo. Okay.

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Gotcha. Got you. Yeah. So, I

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rescend the vote. So, you need a motion

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to rescend. Need a motion to resend.

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Motion and support. Need to support.

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Second. All those in favor? I. All

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right. Now, a new motion to approve and

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support and then discuss and then vote.

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New motion to approve and support. Yes.

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Second. Oh, that's done. Now discuss.

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Now we can go into discussion. Thank

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you. Any questions from the board, the

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commissioners?

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Go ahead. The picture from 2319 North

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Mason Street. I was just trying to make

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sure I understood the placement. Did the

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city provide that to us as an example?

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No, no. The uh applicant provided that.

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Um I called the engineering department.

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That was um a time when North Mason was

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being um

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uh re paved and so they were getting a

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rid of on street parking. So they made

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an exception for this person to allow

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them because they did not because they

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were going to lose any on street parking

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from their house.

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And then the followup question is the

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recommendation from city staff is that

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is from our city engineering department

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based on what is provided it still would

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not meet city regulations. That's

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correct. And likewise the expansion of

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the driveway into the front yard setback

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area does not meet the zoning ordinance.

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And does the current owner have the

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opportunity to pull a permit and

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renegotiate and have conversations with

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city engineering regarding

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this?

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Um, again, it it sets bad precedents for

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the city. Thank you,

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Mr. Gil.

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Like I say, I drove by. I understand that it's an eyes sore, but

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uh it would be an eyesore to tear it up

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again, too. Well, not if you plant grass

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back in there.

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I mean, if you look at the driveway as

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it sits now, there was an expansion of

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that driveway south. You could fit three

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cars side by side in there, plus the

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twocar garage.

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Any

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other? Well, are we are we discussing

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the south or the north side? The north.

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Okay.

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That's the part that violates the

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That's the north and that's the south.

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Yeah. Any other discussion from the

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board? Right. Correct. Any other

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discussion from the board?

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Um I'm a long-term resident of Sagena

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and I looking at this it does it's it

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will set up a precedent for the rest of

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the city meaning that other people might

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keep on pouring paving more and more the

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driveway over the years

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since and uh unfortunately in this

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situation there was no permit pulled and

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in most cases the contractor should have

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known

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that there was should have been a

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permit. It's a direct violation of city

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code every place, every way you look at

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it.

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Any other discussion from the board?

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Okay, since there is no other

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discussion, we will call for the vote.

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And likewise, I just want to remind

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everyone that

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you need to state why you're voting.

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Yes, we have a roll call or just

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uh Sure.

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Okay. Commissioner or board member Gail,

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we're voting for the approval or for

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disapproval. What what So you're you're

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voting the motion is a motion to

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approve. A yes vote would be for

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approval. A no vote would be to deny

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approval. Okay. But you still have to

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give the reason the reason either way. I

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understand.

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I guess I vote against it because it

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does not comply with city ordinances.

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Um, board member Nash, I would vote no

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because it is against the city ordinance

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and it will set a precedent throughout

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the city.

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Board member Nightingale, I would vote

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00:14:39,199 --> 00:14:42,399
no uh because it is not compliant with

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city bylaw.

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And board member Copelan, I will also be

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00:14:49,600 --> 00:14:52,880
voting may uh due to it not meeting city

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ordinance.

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00:14:58,000 --> 00:15:03,509
So the motion fails.

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Okay, that's the end of that goes public comment now.

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00:15:09,760 --> 00:15:12,959
Um, there was no public here for

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comment. So,

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00:15:14,959 --> 00:15:17,199
just call it in case. Okay, you just

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call it in case. Huh? Just call it in

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00:15:20,079 --> 00:15:21,680
case. Ask if there's anybody. Is there

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anybody that would like to speak for

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00:15:24,000 --> 00:15:27,040
public contact? Uh, public comment.

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Anybody for public comment?

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00:15:30,240 --> 00:15:35,910
Anyone for public comment? Seeing none.

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Can I speak twice or no? Not. It has to

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be for a different topic. Okay.

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Do is there any old business? No. Okay.

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00:15:50,240 --> 00:15:52,959
Seeing no old business, I'd like a

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motion for adjournment.

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So moved. Second. Approve.

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All those in favor? I I motion

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adjourned. Meet an adjournment.

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[Music]