[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]