1 00:01:59,360 --> 00:01:59,760 What time? 2 00:01:59,760 --> 00:02:01,470 >> Okay. to order 3 00:02:01,470 --> 00:02:01,480 » Okay. to order 4 00:02:01,480 --> 00:02:04,240 the August 12th, 2026 meeting of the 5 00:02:04,240 --> 00:02:06,360 City of Walker Zoning Board of Appeals 6 00:02:06,360 --> 00:02:08,240 at 6:30 p.m. 7 00:02:08,240 --> 00:02:09,679 By way of introduction, I'll briefly 8 00:02:09,679 --> 00:02:11,240 explain the purpose of the Zoning Board 9 00:02:11,240 --> 00:02:12,480 of Appeals. 10 00:02:12,480 --> 00:02:14,240 City of Walker has adopted a Zoning 11 00:02:14,240 --> 00:02:16,080 Ordinance. If a property owner wishes 12 00:02:16,080 --> 00:02:19,160 relief from a portion of the ordinance, 13 00:02:19,160 --> 00:02:21,520 the Michigan from the Michigan Zoning 14 00:02:21,520 --> 00:02:24,080 Enabling Act provides for an avenue of 15 00:02:24,080 --> 00:02:25,320 appeal through the Zoning Board of 16 00:02:25,320 --> 00:02:26,920 Appeals. 17 00:02:26,920 --> 00:02:28,440 The Zoning Ordinance provides four 18 00:02:28,440 --> 00:02:30,320 conditions that the board must use in 19 00:02:30,320 --> 00:02:32,680 making a decision. The board may grant a 20 00:02:32,680 --> 00:02:34,880 variance only if they find from 21 00:02:34,880 --> 00:02:36,880 reasonable evidence that all four of 22 00:02:36,880 --> 00:02:38,840 these conditions are met. 23 00:02:38,840 --> 00:02:41,320 The four conditions that must be met are 24 00:02:41,320 --> 00:02:43,040 extraordinary or exceptional 25 00:02:43,040 --> 00:02:45,400 circumstances, which apply to this 26 00:02:45,400 --> 00:02:48,240 parcel and do not apply generally to 27 00:02:48,240 --> 00:02:51,840 other properties in this district. 28 00:02:51,840 --> 00:02:53,640 Preservation and enjoyment of property 29 00:02:53,640 --> 00:02:55,760 rights that other properties in this 30 00:02:55,760 --> 00:02:58,760 district would be the same possess. 31 00:02:58,760 --> 00:03:00,680 The variance will not be of substantial 32 00:03:00,680 --> 00:03:03,120 detriment or adjacent to adjacent 33 00:03:03,120 --> 00:03:04,440 properties. 34 00:03:04,440 --> 00:03:06,239 And the request is not of such general 35 00:03:06,239 --> 00:03:07,640 nature that the ordinance should be 36 00:03:07,640 --> 00:03:09,640 changed. 37 00:03:09,640 --> 00:03:11,120 A decision by the Zoning Board of 38 00:03:11,120 --> 00:03:12,959 Appeals cannot be overturned by the City 39 00:03:12,959 --> 00:03:15,680 Commission. The Zoning Enabling Act 40 00:03:15,680 --> 00:03:17,680 states that the decision of the Zoning 41 00:03:17,680 --> 00:03:20,480 Board of Appeals shall be final. 42 00:03:20,480 --> 00:03:22,600 A party aggrieved by the decision may 43 00:03:22,600 --> 00:03:24,840 appeal to the Circuit Court of the in 44 00:03:24,840 --> 00:03:27,080 the county of which the property is 45 00:03:27,080 --> 00:03:28,480 located. 46 00:03:28,480 --> 00:03:30,239 An appeal of the Circuit Court must be 47 00:03:30,239 --> 00:03:34,750 filed within 30 days of this decision. 48 00:03:34,760 --> 00:03:37,120 Okay. Um 49 00:03:37,120 --> 00:03:38,959 First item on the agenda is to review 50 00:03:38,959 --> 00:03:42,920 the minutes of the 27th 51 00:03:42,920 --> 00:03:48,470 May 27th of 2026. 52 00:03:48,480 --> 00:03:51,440 Everyone have the minutes? 53 00:03:51,440 --> 00:03:54,240 Chance to review them? 54 00:03:54,240 --> 00:03:56,120 Motion to approve? 55 00:03:56,120 --> 00:03:57,030 >> I'll move it. 56 00:03:57,030 --> 00:03:57,040 » I'll move it. 57 00:03:57,040 --> 00:03:59,030 >> Okay, motion by Mary. 58 00:03:59,030 --> 00:03:59,040 » Okay, motion by Mary. 59 00:03:59,040 --> 00:03:59,680 Second? 60 00:03:59,680 --> 00:04:00,710 >> Approve, second. 61 00:04:00,710 --> 00:04:00,720 » Approve, second. 62 00:04:00,720 --> 00:04:03,030 >> Second by John. All in favor, say aye. 63 00:04:03,030 --> 00:04:03,040 » Second by John. All in favor, say aye. 64 00:04:03,040 --> 00:04:03,750 >> Aye. 65 00:04:03,750 --> 00:04:03,760 » Aye. 66 00:04:03,760 --> 00:04:08,830 >> Opposed? Okay, minutes are passed. 67 00:04:08,840 --> 00:04:11,400 Next item on the agenda is um 68 00:04:11,400 --> 00:04:13,400 general public comment. If there's 69 00:04:13,400 --> 00:04:16,880 anyone in the audience that wants to 70 00:04:16,880 --> 00:04:20,079 have any comments not related to this 71 00:04:20,079 --> 00:04:21,600 case, um 72 00:04:21,600 --> 00:04:23,520 you get time to 73 00:04:23,520 --> 00:04:27,830 to uh speak. 74 00:04:27,840 --> 00:04:30,040 Okay, seeing none, we will 75 00:04:30,040 --> 00:04:31,760 move on. 76 00:04:31,760 --> 00:04:33,600 Okay, tonight we have one 77 00:04:33,600 --> 00:04:35,440 um 78 00:04:35,440 --> 00:04:38,320 case on the agenda, and the case number 79 00:04:38,320 --> 00:04:39,240 is 80 00:04:39,240 --> 00:04:41,840 26-002 81 00:04:41,840 --> 00:04:44,320 for 1839 Fessenden Avenue Northwest. 82 00:04:44,320 --> 00:04:46,240 This is a dimensional variance request 83 00:04:46,240 --> 00:04:50,080 seeking relief from section 1503 84 00:04:50,080 --> 00:04:52,919 uh walls and fences. 85 00:04:52,919 --> 00:04:55,000 And just to kind of give you an overview 86 00:04:55,000 --> 00:04:56,680 of what's going to happen, first we'll 87 00:04:56,680 --> 00:04:57,919 have uh 88 00:04:57,919 --> 00:04:59,919 uh Paula speak and fill us in on 89 00:04:59,919 --> 00:05:01,360 everything that 90 00:05:01,360 --> 00:05:02,040 um 91 00:05:02,040 --> 00:05:04,919 she has uh put together here for us. 92 00:05:04,919 --> 00:05:07,840 And then the applicant will speak. 93 00:05:07,840 --> 00:05:10,560 Um and then we'll have a public hearing 94 00:05:10,560 --> 00:05:13,360 of um any other person in the audience 95 00:05:13,360 --> 00:05:14,720 wants to 96 00:05:14,720 --> 00:05:17,080 uh speak to the matter and whatnot. And 97 00:05:17,080 --> 00:05:18,600 then uh 98 00:05:18,600 --> 00:05:21,240 we'll have a um 99 00:05:21,240 --> 00:05:23,360 a public hearing of um 100 00:05:23,360 --> 00:05:25,600 amongst ourselves, amongst the board, so 101 00:05:25,600 --> 00:05:27,919 then we'll make a decision on that. So, 102 00:05:27,919 --> 00:05:31,550 um 103 00:05:31,560 --> 00:05:33,800 with that, Paula, I guess we're ready 104 00:05:33,800 --> 00:05:35,360 for you. 105 00:05:35,360 --> 00:05:38,430 >> Thank you, Chair. I will 106 00:05:38,430 --> 00:05:38,440 » Thank you, Chair. I will 107 00:05:38,440 --> 00:05:40,720 first situate us regarding uh where we 108 00:05:40,720 --> 00:05:42,440 are. So, um 109 00:05:42,440 --> 00:05:44,040 here I'm just zooming in on the screen 110 00:05:44,040 --> 00:05:47,000 here to Walker. This This Richmond here. 111 00:05:47,000 --> 00:05:49,440 And the property in question is on the 112 00:05:49,440 --> 00:05:51,920 corner of Pheasant and this new road 113 00:05:51,920 --> 00:05:53,480 here that came in with a recent 114 00:05:53,480 --> 00:05:55,200 development to the city, this infill 115 00:05:55,200 --> 00:05:57,960 development on Ringneck Drive. 116 00:05:57,960 --> 00:06:00,240 Um is currently still under 117 00:06:00,240 --> 00:06:01,520 construction. They're starting to build 118 00:06:01,520 --> 00:06:03,760 homes back in there. The roads went in 119 00:06:03,760 --> 00:06:06,640 last year, I believe primarily last 120 00:06:06,640 --> 00:06:07,480 year. 121 00:06:07,480 --> 00:06:09,640 Um and the applicant, Mr. Steven 122 00:06:09,640 --> 00:06:12,200 Sherwin, is the resident and owner of 123 00:06:12,200 --> 00:06:14,800 1839 Pheasant Avenue Northwest and he 124 00:06:14,800 --> 00:06:16,800 submitted this application 125 00:06:16,800 --> 00:06:18,960 asking for a variance related to a 126 00:06:18,960 --> 00:06:22,840 secondary front yard fence. So, I will 127 00:06:22,840 --> 00:06:24,720 um walk through my report which 128 00:06:24,720 --> 00:06:26,560 highlights the relevant sections of the 129 00:06:26,560 --> 00:06:29,680 zoning ordinance for the board. 130 00:06:29,680 --> 00:06:31,960 The property in question here is this 131 00:06:31,960 --> 00:06:34,040 one on the corner. 132 00:06:34,040 --> 00:06:36,600 It's lot 57 of Pleasant Hills number two 133 00:06:36,600 --> 00:06:39,080 plat, which was approved in January of 134 00:06:39,080 --> 00:06:40,919 1958. 135 00:06:40,919 --> 00:06:42,720 The property is currently zoned SA, 136 00:06:42,720 --> 00:06:44,520 which is suburban residential single 137 00:06:44,520 --> 00:06:46,680 family. 138 00:06:46,680 --> 00:06:49,960 And so, in my report here, um the first 139 00:06:49,960 --> 00:06:52,080 thing we need to establish is what are 140 00:06:52,080 --> 00:06:54,440 the different lots of a property because 141 00:06:54,440 --> 00:06:57,360 the fence requirements are different for 142 00:06:57,360 --> 00:07:00,400 different sides of the property. So, 143 00:07:00,400 --> 00:07:03,520 um the This is a diagram from our zoning 144 00:07:03,520 --> 00:07:05,919 ordinance. You can see different lots 145 00:07:05,919 --> 00:07:09,480 and showing a front yard fence here, 146 00:07:09,480 --> 00:07:12,560 side yard fences, rear yards, um a 147 00:07:12,560 --> 00:07:16,400 secondary street yard is something that 148 00:07:16,400 --> 00:07:17,919 um All right, I'm going to read from the 149 00:07:17,919 --> 00:07:20,000 definition for a front yard. A lot which 150 00:07:20,000 --> 00:07:21,840 abuts two or more improved public 151 00:07:21,840 --> 00:07:23,440 streets, such as a corner lot or a 152 00:07:23,440 --> 00:07:26,160 through lot, shall have one front yard, 153 00:07:26,160 --> 00:07:27,560 which shall be at the yard adjacent to 154 00:07:27,560 --> 00:07:29,480 the streets included in the lot's 155 00:07:29,480 --> 00:07:31,640 address. All other yards meeting the 156 00:07:31,640 --> 00:07:34,640 definition of abutting a public street 157 00:07:34,640 --> 00:07:36,840 but not designated as the address of the 158 00:07:36,840 --> 00:07:38,760 lot shall be considered a secondary 159 00:07:38,760 --> 00:07:41,000 front yard. And so, these corner lots 160 00:07:41,000 --> 00:07:43,120 here have a front yard, this one has a 161 00:07:43,120 --> 00:07:46,160 side yard, a rear yard, and a secondary 162 00:07:46,160 --> 00:07:47,560 front yard. It might also be called a 163 00:07:47,560 --> 00:07:49,800 secondary street yard. 164 00:07:49,800 --> 00:07:52,720 And so, these secondary front yards have 165 00:07:52,720 --> 00:07:55,840 to follow the same regulations as a 166 00:07:55,840 --> 00:07:58,680 regular front yard. 167 00:07:58,680 --> 00:08:02,520 And this is an excerpt from section 1503 168 00:08:02,520 --> 00:08:04,600 of the zoning ordinance regarding 169 00:08:04,600 --> 00:08:06,960 requirements for walls and fences. I 170 00:08:06,960 --> 00:08:09,400 highlighted here those for the SA 171 00:08:09,400 --> 00:08:11,440 district, which are the relevant to this 172 00:08:11,440 --> 00:08:12,640 property. 173 00:08:12,640 --> 00:08:14,120 In this district, fences in the front 174 00:08:14,120 --> 00:08:15,960 yard may be up to 4 ft in height with a 175 00:08:15,960 --> 00:08:18,919 zero setback, and if 4 ft tall, must be 176 00:08:18,919 --> 00:08:21,760 at least 50% transparent. 177 00:08:21,760 --> 00:08:23,400 Fences in the side and rear yard may be 178 00:08:23,400 --> 00:08:25,440 up to 6 ft in height with a zero setback 179 00:08:25,440 --> 00:08:27,640 from property lines. Privacy fences, 180 00:08:27,640 --> 00:08:29,040 which are those that are fully opaque, 181 00:08:29,040 --> 00:08:31,200 are permitted in side and rear yards 182 00:08:31,200 --> 00:08:32,280 only. 183 00:08:32,280 --> 00:08:34,080 So, that transparency requirement for 184 00:08:34,080 --> 00:08:35,680 front yards, front yards are treated 185 00:08:35,680 --> 00:08:37,520 differently than others 186 00:08:37,520 --> 00:08:39,200 when it comes to fences. This is very 187 00:08:39,200 --> 00:08:42,440 standard um in zoning ordinances in 188 00:08:42,440 --> 00:08:44,080 Michigan. 189 00:08:44,080 --> 00:08:45,480 And so, just a little more history about 190 00:08:45,480 --> 00:08:46,920 the property. 191 00:08:46,920 --> 00:08:48,520 There is an existing fence on the 192 00:08:48,520 --> 00:08:51,880 property. I'm going to pull up 193 00:08:51,880 --> 00:08:55,280 some images from the applicant. Um 194 00:08:55,280 --> 00:08:56,800 So, this is their property. So, here's 195 00:08:56,800 --> 00:08:58,920 Pheasant and the new ring ringneck 196 00:08:58,920 --> 00:09:01,400 drive. The existing fences here shown in 197 00:09:01,400 --> 00:09:03,120 green and the proposed fence the 198 00:09:03,120 --> 00:09:05,160 applicant wants to add is shown in 199 00:09:05,160 --> 00:09:06,600 yellow. 200 00:09:06,600 --> 00:09:08,280 I'm going to change the screen again to 201 00:09:08,280 --> 00:09:09,960 show. This is the existing part of the 202 00:09:09,960 --> 00:09:11,120 fence 203 00:09:11,120 --> 00:09:13,160 on the property. 204 00:09:13,160 --> 00:09:16,000 A few images there. And here it is from 205 00:09:16,000 --> 00:09:19,200 the new secondary street. 206 00:09:19,200 --> 00:09:20,800 So, this fence has been existing for 207 00:09:20,800 --> 00:09:22,920 many years. Pheasant Avenue has had a 208 00:09:22,920 --> 00:09:24,880 stub street adjacent to the property 209 00:09:24,880 --> 00:09:26,720 since the plat was developed in the late 210 00:09:26,720 --> 00:09:28,520 1950s. 211 00:09:28,520 --> 00:09:30,640 Before the new Pheasant Preserve plat 212 00:09:30,640 --> 00:09:32,720 was approved in 2024 and constructed in 213 00:09:32,720 --> 00:09:35,400 2025, the subject property had over 60 214 00:09:35,400 --> 00:09:37,800 years with a vacant lot behind them. 215 00:09:37,800 --> 00:09:39,120 The new Pheasant Preserve development 216 00:09:39,120 --> 00:09:41,320 added 18 new single-family lots built 217 00:09:41,320 --> 00:09:43,440 off Ringneck Drive, which connect the 218 00:09:43,440 --> 00:09:45,080 long-established stub streets between 219 00:09:45,080 --> 00:09:46,720 Pheasant and Whitmore. And while the 220 00:09:46,720 --> 00:09:49,480 stub street was long present adjacent to 221 00:09:49,480 --> 00:09:51,240 the property, it was reasonably and 222 00:09:51,240 --> 00:09:52,920 fairly treated by the applicant as a 223 00:09:52,920 --> 00:09:54,480 side yard when there was no street 224 00:09:54,480 --> 00:09:57,040 developed there. The existing fence, as 225 00:09:57,040 --> 00:09:58,760 you can see in the picture, was not 226 00:09:58,760 --> 00:10:00,320 deemed out of compliance with the zoning 227 00:10:00,320 --> 00:10:02,400 ordinance until Ringneck Drive was 228 00:10:02,400 --> 00:10:05,120 constructed, establishing the secondary 229 00:10:05,120 --> 00:10:06,240 front yard on the property. So, there 230 00:10:06,240 --> 00:10:07,960 was always the promise of a secondary 231 00:10:07,960 --> 00:10:09,880 front yard, but it wasn't there. To 232 00:10:09,880 --> 00:10:12,960 illustrate this, I want to show you um 233 00:10:12,960 --> 00:10:15,880 This is an excerpt for an image from 234 00:10:15,880 --> 00:10:18,120 Google Street View from last summer, 235 00:10:18,120 --> 00:10:21,200 June 2025. So, this is across the street 236 00:10:21,200 --> 00:10:24,200 from the applicant's property looking 237 00:10:24,200 --> 00:10:26,280 So, here we are right here. The image is 238 00:10:26,280 --> 00:10:28,080 right here. We're looking east right 239 00:10:28,080 --> 00:10:31,000 now. You can see there's the stub street 240 00:10:31,000 --> 00:10:33,360 where a street could be be placed to 241 00:10:33,360 --> 00:10:36,880 continue. And essentially, a long kind 242 00:10:36,880 --> 00:10:38,520 of shared driveway circumstance for 243 00:10:38,520 --> 00:10:42,440 these two homes. Now, as I pan around, 244 00:10:42,440 --> 00:10:43,839 you can see the applicant's property 245 00:10:43,839 --> 00:10:47,240 here. It used to look like this side 246 00:10:47,240 --> 00:10:49,040 to the east, and now there's 247 00:10:49,040 --> 00:10:50,640 construction happening. This was last 248 00:10:50,640 --> 00:10:52,920 summer, construction happening there, 249 00:10:52,920 --> 00:10:56,400 and that changed the the side yard of 250 00:10:56,400 --> 00:10:57,839 their property and the rear yard 251 00:10:57,839 --> 00:10:59,240 substantially. 252 00:10:59,240 --> 00:11:01,960 So, um just to show again, so this is an 253 00:11:01,960 --> 00:11:04,200 This is Google Earth here. I'm zooming 254 00:11:04,200 --> 00:11:06,560 in. This is the subject property and the 255 00:11:06,560 --> 00:11:08,480 the former stub street that existed for 256 00:11:08,480 --> 00:11:10,400 60-plus years. 257 00:11:10,400 --> 00:11:11,839 And then, when I go here, that has 258 00:11:11,839 --> 00:11:14,080 updated the imagery. You can see the new 259 00:11:14,080 --> 00:11:15,320 road. 260 00:11:15,320 --> 00:11:17,800 The property lines haven't changed, but 261 00:11:17,800 --> 00:11:19,440 the experience of living there has 262 00:11:19,440 --> 00:11:20,920 changed dramatically for our the 263 00:11:20,920 --> 00:11:23,640 applicant. This new road goes through. 264 00:11:23,640 --> 00:11:27,360 It changes what used to be 265 00:11:27,360 --> 00:11:29,800 uh trees and green 266 00:11:29,800 --> 00:11:32,440 um to a neighborhood. And this happens 267 00:11:32,440 --> 00:11:35,160 in as development occurs around a city, 268 00:11:35,160 --> 00:11:37,080 but it does change the experience of 269 00:11:37,080 --> 00:11:38,480 living there, especially for the 270 00:11:38,480 --> 00:11:40,040 immediate neighbors. 271 00:11:40,040 --> 00:11:42,800 So, the applicant is asking 272 00:11:42,800 --> 00:11:44,560 Um wait, I pulled up I want to pull up 273 00:11:44,560 --> 00:11:46,080 some more of his images for you. So, you 274 00:11:46,080 --> 00:11:49,200 can see here is that that fence that 275 00:11:49,200 --> 00:11:52,440 exists and how close it is to the new 276 00:11:52,440 --> 00:11:56,510 road and sidewalk. 277 00:11:56,520 --> 00:11:58,400 Some more images. So, this is their rear 278 00:11:58,400 --> 00:12:00,600 yard where this picture is taken from 279 00:12:00,600 --> 00:12:02,240 used to be trees. 280 00:12:02,240 --> 00:12:04,000 And now it is a street and it turn 281 00:12:04,000 --> 00:12:06,120 changes dramatically. Um 282 00:12:06,120 --> 00:12:07,640 let me just show a few more things and 283 00:12:07,640 --> 00:12:10,280 then I'm almost done here. 284 00:12:10,280 --> 00:12:12,480 Um so, a fence is in the front yard if 285 00:12:12,480 --> 00:12:14,480 it is between the plane of the house and 286 00:12:14,480 --> 00:12:16,280 the property line which abuts up a 287 00:12:16,280 --> 00:12:17,720 street. 288 00:12:17,720 --> 00:12:19,400 This means that the side yard begins at 289 00:12:19,400 --> 00:12:22,560 the house. Normally, that's a 35-ft 290 00:12:22,560 --> 00:12:24,760 setback for a front yard in this zoning 291 00:12:24,760 --> 00:12:27,560 district. But nor if there was a sub 292 00:12:27,560 --> 00:12:29,760 street there or a full street there, a 293 00:12:29,760 --> 00:12:31,920 house wouldn't have been placed within 294 00:12:31,920 --> 00:12:34,040 that 35-ft setback. 295 00:12:34,040 --> 00:12:35,600 This house is already existing, which 296 00:12:35,600 --> 00:12:39,040 means the front yard setback line is 297 00:12:39,040 --> 00:12:41,320 where the house is located, roughly 17 298 00:12:41,320 --> 00:12:43,440 ft from the property line. 299 00:12:43,440 --> 00:12:45,440 And this fence is now 300 00:12:45,440 --> 00:12:47,920 10 ft from the property line. So, in my 301 00:12:47,920 --> 00:12:49,680 estimation, the variance being requested 302 00:12:49,680 --> 00:12:51,640 is about 7 ft. They're asking to put the 303 00:12:51,640 --> 00:12:54,760 fence it's 5 to 7 ft closer to the road 304 00:12:54,760 --> 00:12:56,480 than the plane of the house. If the 305 00:12:56,480 --> 00:12:59,120 fence were in line with the house, it 306 00:12:59,120 --> 00:13:03,120 could be 6-ft tall and fully opaque and 307 00:13:03,120 --> 00:13:04,400 that would not be an issue, but the 308 00:13:04,400 --> 00:13:06,080 applicant is requesting to extend the 309 00:13:06,080 --> 00:13:08,800 fence at its current plane. 310 00:13:08,800 --> 00:13:10,320 I have 311 00:13:10,320 --> 00:13:12,240 Oh, where's that first image here? You 312 00:13:12,240 --> 00:13:13,880 see the existing fence, they want to 313 00:13:13,880 --> 00:13:16,400 extend it along that line and then back 314 00:13:16,400 --> 00:13:19,440 to their accessory building. 315 00:13:19,440 --> 00:13:21,720 So, the request before the ZBA tonight 316 00:13:21,720 --> 00:13:24,280 is to allow for a 6-ft tall opaque 317 00:13:24,280 --> 00:13:26,880 privacy fence located 10 ft from a 318 00:13:26,880 --> 00:13:29,400 secondary front yard property line, 319 00:13:29,400 --> 00:13:30,960 where the ordinance permits front yard 320 00:13:30,960 --> 00:13:33,520 fences to be up to 4 ft tall, 50% 321 00:13:33,520 --> 00:13:34,640 opaque, 322 00:13:34,640 --> 00:13:36,960 50% transparent, with a variance of 2 ft 323 00:13:36,960 --> 00:13:39,360 in height, 50% opacity, and 7 ft in 324 00:13:39,360 --> 00:13:41,240 setback. So, essentially, they're asking 325 00:13:41,240 --> 00:13:43,280 to allow a privacy fence 326 00:13:43,280 --> 00:13:44,880 to continue 327 00:13:44,880 --> 00:13:48,600 um on this regard here, this plane going 328 00:13:48,600 --> 00:13:51,440 north and south along the access drive 329 00:13:51,440 --> 00:13:52,280 to the 330 00:13:52,280 --> 00:13:54,280 uh the accessory building. That fence 331 00:13:54,280 --> 00:13:56,080 doesn't need a variance. You can put a 332 00:13:56,080 --> 00:13:57,920 tall opaque privacy fence there, no 333 00:13:57,920 --> 00:14:00,720 problem. We're really focused for the 334 00:14:00,720 --> 00:14:02,280 the ZBA tonight on this part of the 335 00:14:02,280 --> 00:14:05,120 fence that is technically in a secondary 336 00:14:05,120 --> 00:14:07,280 front yard. So, I know there's a lot of 337 00:14:07,280 --> 00:14:10,000 details there. Um the standards that the 338 00:14:10,000 --> 00:14:11,560 chair went over are in the report as 339 00:14:11,560 --> 00:14:14,120 well. The applicant provided responses 340 00:14:14,120 --> 00:14:17,320 to those standards in his submission. 341 00:14:17,320 --> 00:14:19,400 There's more images, and I'm happy to go 342 00:14:19,400 --> 00:14:21,760 back over any of that um for the board 343 00:14:21,760 --> 00:14:24,200 if I can clarify anything. I try to give 344 00:14:24,200 --> 00:14:26,120 you as many of the details as I can, but 345 00:14:26,120 --> 00:14:28,640 I know they can get confused. So, um I'm 346 00:14:28,640 --> 00:14:30,240 here to help if there's anything I can 347 00:14:30,240 --> 00:14:31,600 do. 348 00:14:31,600 --> 00:14:32,430 >> Okay. 349 00:14:32,430 --> 00:14:32,440 » Okay. 350 00:14:32,440 --> 00:14:32,920 Thank you, Paul. 351 00:14:32,920 --> 00:14:35,030 >> Paul, I just have one question. 352 00:14:35,030 --> 00:14:35,040 » Paul, I just have one question. 353 00:14:35,040 --> 00:14:36,880 Is that you say that the accessory 354 00:14:36,880 --> 00:14:38,400 building, does that belong to the 355 00:14:38,400 --> 00:14:39,040 applicant? 356 00:14:39,040 --> 00:14:40,150 >> Yes, it does. 357 00:14:40,150 --> 00:14:40,160 » Yes, it does. 358 00:14:40,160 --> 00:14:40,630 >> Okay. 359 00:14:40,630 --> 00:14:40,640 » Okay. 360 00:14:40,640 --> 00:14:41,630 >> Yes. 361 00:14:41,630 --> 00:14:41,640 » Yes. 362 00:14:41,640 --> 00:14:43,480 So, you can see the dashed line around 363 00:14:43,480 --> 00:14:45,360 here. That is roughly the applicant's 364 00:14:45,360 --> 00:14:46,480 property line. 365 00:14:46,480 --> 00:14:49,550 >> Okay. So, he wants to extend the privacy 366 00:14:49,550 --> 00:14:49,560 » Okay. So, he wants to extend the privacy 367 00:14:49,560 --> 00:14:51,960 fence from the house 368 00:14:51,960 --> 00:14:55,520 to the um accessory 369 00:14:55,520 --> 00:14:56,190 >> Yes. 370 00:14:56,190 --> 00:14:56,200 » Yes. 371 00:14:56,200 --> 00:14:59,950 >> Okay. 372 00:14:59,960 --> 00:15:02,280 » Okay. Thank you, Paul. 373 00:15:02,280 --> 00:15:04,110 >> Thank you. 374 00:15:04,110 --> 00:15:04,120 » Thank you. 375 00:15:04,120 --> 00:15:06,630 >> Okay. 376 00:15:06,640 --> 00:15:07,480 Uh 377 00:15:07,480 --> 00:15:09,520 if I could get the applicant to come to 378 00:15:09,520 --> 00:15:15,870 the microphone and 379 00:15:15,880 --> 00:15:17,160 » I have some handouts if you'd like to 380 00:15:17,160 --> 00:15:18,510 >> That'd be great. 381 00:15:18,510 --> 00:15:18,520 » That'd be great. 382 00:15:18,520 --> 00:15:19,470 >> Paul, is that 383 00:15:19,470 --> 00:15:19,480 » Paul, is that 384 00:15:19,480 --> 00:15:24,470 >> That'd be great. Thank you. 385 00:15:24,480 --> 00:15:32,230 » So, they have 386 00:15:32,240 --> 00:15:34,080 » Give you a chance to look at that. 387 00:15:34,080 --> 00:15:36,230 >> Thank you, Paula. 388 00:15:36,230 --> 00:15:36,240 » Thank you, Paula. 389 00:15:36,240 --> 00:15:48,310 Thank you. 390 00:15:48,320 --> 00:15:49,400 Okay. 391 00:15:49,400 --> 00:15:51,310 >> Well, we are requesting the minimum 392 00:15:51,310 --> 00:15:51,320 » Well, we are requesting the minimum 393 00:15:51,320 --> 00:15:53,520 variance necessary to maintain and 394 00:15:53,520 --> 00:15:56,680 extend the existing lawful fence 395 00:15:56,680 --> 00:16:00,320 line, preserving the walkway between the 396 00:16:00,320 --> 00:16:02,240 driveway and the patio. 397 00:16:02,240 --> 00:16:04,160 The variance required 398 00:16:04,160 --> 00:16:06,320 to continue the historic fence alignment 399 00:16:06,320 --> 00:16:10,000 is approximately like 7 ft. Really, 400 00:16:10,000 --> 00:16:12,640 we're arguing over 5 to 7 ft for about 401 00:16:12,640 --> 00:16:17,271 32 ft is the gist of it. 402 00:16:17,271 --> 00:16:18,510 >> [snorts] 403 00:16:18,510 --> 00:16:18,520 » [snorts] 404 00:16:18,520 --> 00:16:21,030 >> So, basically, what we're looking for is 405 00:16:21,030 --> 00:16:21,040 » So, basically, what we're looking for is 406 00:16:21,040 --> 00:16:23,120 to kind of keep that walkway between the 407 00:16:23,120 --> 00:16:24,440 driveway 408 00:16:24,440 --> 00:16:29,070 and the patio. 409 00:16:29,080 --> 00:16:31,640 And we believe that we met all four 410 00:16:31,640 --> 00:16:35,150 conditions. 411 00:16:35,160 --> 00:16:36,720 » Can I ask a question? 412 00:16:36,720 --> 00:16:37,110 >> Yeah. 413 00:16:37,110 --> 00:16:37,120 » Yeah. 414 00:16:37,120 --> 00:16:39,510 >> I'm a little confused. You want to 415 00:16:39,510 --> 00:16:39,520 » I'm a little confused. You want to 416 00:16:39,520 --> 00:16:42,750 extend um 417 00:16:42,760 --> 00:16:45,760 the height of the fence from 4 ft to 6 418 00:16:45,760 --> 00:16:49,160 ft or 4 ft to 7 ft? 419 00:16:49,160 --> 00:16:51,150 >> The existing fence is currently 6 ft 420 00:16:51,150 --> 00:16:51,160 » The existing fence is currently 6 ft 421 00:16:51,160 --> 00:16:54,839 tall. We are talking about 7 ft variance 422 00:16:54,839 --> 00:16:56,640 between the house and where the fence is 423 00:16:56,640 --> 00:16:59,160 currently that we're kind of arguing 424 00:16:59,160 --> 00:16:59,720 over. 425 00:16:59,720 --> 00:17:02,630 >> so the the new fence would be also 6 ft 426 00:17:02,630 --> 00:17:02,640 » so the the new fence would be also 6 ft 427 00:17:02,640 --> 00:17:03,160 tall? 428 00:17:03,160 --> 00:17:03,670 >> Correct. 429 00:17:03,670 --> 00:17:03,680 » Correct. 430 00:17:03,680 --> 00:17:05,870 >> Okay. 431 00:17:05,870 --> 00:17:05,880 » Okay. 432 00:17:05,880 --> 00:17:08,350 >> It would have the same height 433 00:17:08,350 --> 00:17:08,360 » It would have the same height 434 00:17:08,360 --> 00:17:11,720 and opacity as the existing fence. 435 00:17:11,720 --> 00:17:25,350 It would just be longer. 436 00:17:25,360 --> 00:17:27,760 » Ma'am, you you'll get your turn. 437 00:17:27,760 --> 00:17:29,480 Thank you. 438 00:17:29,480 --> 00:17:30,720 Go ahead. I'm sorry. 439 00:17:30,720 --> 00:17:32,670 >> Oh, it is just far as the uh stub street 440 00:17:32,670 --> 00:17:32,680 » Oh, it is just far as the uh stub street 441 00:17:32,680 --> 00:17:35,000 goes, there's uh while it was 442 00:17:35,000 --> 00:17:37,520 foreseeable that there may be a street 443 00:17:37,520 --> 00:17:39,600 there at some point, it wasn't 444 00:17:39,600 --> 00:17:42,120 inevitable. The two uh 445 00:17:42,120 --> 00:17:43,920 lots that are on 446 00:17:43,920 --> 00:17:45,680 Pheasant and Whitmore on the other 447 00:17:45,680 --> 00:17:49,600 sides, those were purchased by the uh 448 00:17:49,600 --> 00:17:52,120 existing homeowners. So, they actually 449 00:17:52,120 --> 00:17:54,160 own those stub streets now. So, it 450 00:17:54,160 --> 00:17:55,520 wasn't 451 00:17:55,520 --> 00:17:56,480 um 452 00:17:56,480 --> 00:17:58,000 it's not inevitable that that would have 453 00:17:58,000 --> 00:18:00,240 happened that that fence and that road 454 00:18:00,240 --> 00:18:02,800 or that road would never be there. 455 00:18:02,800 --> 00:18:04,760 It was foreseeable, but not inevitable. 456 00:18:04,760 --> 00:18:06,790 >> Mhm. 457 00:18:06,790 --> 00:18:06,800 » Mhm. 458 00:18:06,800 --> 00:18:11,880 Okay. Anything else or is that 459 00:18:11,880 --> 00:18:13,790 >> No, just that we believe we met all four 460 00:18:13,790 --> 00:18:13,800 » No, just that we believe we met all four 461 00:18:13,800 --> 00:18:16,040 of the conditions. 462 00:18:16,040 --> 00:18:18,750 >> Okay. 463 00:18:18,760 --> 00:18:20,800 » Any questions for him? 464 00:18:20,800 --> 00:18:21,550 >> No questions. 465 00:18:21,550 --> 00:18:21,560 » No questions. 466 00:18:21,560 --> 00:18:22,590 >> Huh. 467 00:18:22,590 --> 00:18:22,600 » Huh. 468 00:18:22,600 --> 00:18:25,040 Guess not. Um I do have one thought 469 00:18:25,040 --> 00:18:27,120 though. Is in this drawing, is this 470 00:18:27,120 --> 00:18:28,640 pretty much 471 00:18:28,640 --> 00:18:30,880 to 472 00:18:30,880 --> 00:18:33,560 as far as the distances and whatnot, um 473 00:18:33,560 --> 00:18:35,120 is it 474 00:18:35,120 --> 00:18:35,750 >> Relatively to 475 00:18:35,750 --> 00:18:35,760 » Relatively to 476 00:18:35,760 --> 00:18:37,030 >> Or is it going to be closer to the 477 00:18:37,030 --> 00:18:37,040 » Or is it going to be closer to the 478 00:18:37,040 --> 00:18:39,360 sidewalk than what it is in this or 479 00:18:39,360 --> 00:18:40,950 >> It's relatively to scale. It should be 480 00:18:40,950 --> 00:18:40,960 » It's relatively to scale. It should be 481 00:18:40,960 --> 00:18:43,720 around 482 00:18:43,720 --> 00:18:45,230 >> It's been a while since I actually 483 00:18:45,230 --> 00:18:45,240 » It's been a while since I actually 484 00:18:45,240 --> 00:18:48,560 looked at the material, but it it's a 485 00:18:48,560 --> 00:18:50,640 17 ft away I think from the road. 486 00:18:50,640 --> 00:18:51,870 >> I mean, here it looks really nice. I'm 487 00:18:51,870 --> 00:18:51,880 » I mean, here it looks really nice. I'm 488 00:18:51,880 --> 00:18:53,880 just curious on where you put it in this 489 00:18:53,880 --> 00:19:01,350 picture, so. 490 00:19:01,360 --> 00:19:03,360 » Yeah, fence is minimum 25 ft away from 491 00:19:03,360 --> 00:19:05,800 the road, 17 away from the sidewalk, and 492 00:19:05,800 --> 00:19:08,600 10 ft from the row. 493 00:19:08,600 --> 00:19:09,830 >> Okay. 494 00:19:09,830 --> 00:19:09,840 » Okay. 495 00:19:09,840 --> 00:19:11,190 >> That's the kind of the minimum. What 496 00:19:11,190 --> 00:19:11,200 » That's the kind of the minimum. What 497 00:19:11,200 --> 00:19:14,200 happens is my my home is facing one like 498 00:19:14,200 --> 00:19:16,040 kind of angled one direction and now 499 00:19:16,040 --> 00:19:18,000 this new road is is kind of angled 500 00:19:18,000 --> 00:19:20,840 towards it. So, it's a larger distance 501 00:19:20,840 --> 00:19:23,400 at the beginning of the home um towards 502 00:19:23,400 --> 00:19:24,640 the front of the property, the east of 503 00:19:24,640 --> 00:19:27,440 the property, and then it narrows as it 504 00:19:27,440 --> 00:19:28,800 goes towards the back. 505 00:19:28,800 --> 00:19:29,070 >> Okay. 506 00:19:29,070 --> 00:19:29,080 » Okay. 507 00:19:29,080 --> 00:19:31,110 >> So, there's about a 2-ft discrepancy. 508 00:19:31,110 --> 00:19:31,120 » So, there's about a 2-ft discrepancy. 509 00:19:31,120 --> 00:19:33,310 >> So, this is pretty accurate to what it 510 00:19:33,310 --> 00:19:33,320 » So, this is pretty accurate to what it 511 00:19:33,320 --> 00:19:34,560 will look like when it's done. I mean, 512 00:19:34,560 --> 00:19:37,360 as far as the distances and stuff. Okay. 513 00:19:37,360 --> 00:19:43,030 >> Okay. 514 00:19:43,040 --> 00:19:44,960 » Paula, has this been added to the packet 515 00:19:44,960 --> 00:19:46,280 then? 516 00:19:46,280 --> 00:19:47,800 This new illustration? 517 00:19:47,800 --> 00:19:49,710 >> Uh the applicant did send it to me. I'm 518 00:19:49,710 --> 00:19:49,720 » Uh the applicant did send it to me. I'm 519 00:19:49,720 --> 00:19:51,960 happy to include it in the the final 520 00:19:51,960 --> 00:19:54,640 report or, you know, in the case file. 521 00:19:54,640 --> 00:19:56,310 >> Yeah, that'd be great. Thanks. 522 00:19:56,310 --> 00:19:56,320 » Yeah, that'd be great. Thanks. 523 00:19:56,320 --> 00:19:58,030 >> It's a slightly modified version of the 524 00:19:58,030 --> 00:19:58,040 » It's a slightly modified version of the 525 00:19:58,040 --> 00:19:59,720 one that's currently that came in with 526 00:19:59,720 --> 00:20:02,000 the application. Um so, the applicant 527 00:20:02,000 --> 00:20:03,880 updated it to be more accurate. 528 00:20:03,880 --> 00:20:05,430 >> Okay. 529 00:20:05,430 --> 00:20:05,440 » Okay. 530 00:20:05,440 --> 00:20:07,178 Okay. 531 00:20:07,178 --> 00:20:08,030 >> [clears throat] 532 00:20:08,030 --> 00:20:08,040 » [clears throat] 533 00:20:08,040 --> 00:20:09,070 >> Anyone got any questions for the 534 00:20:09,070 --> 00:20:09,080 » Anyone got any questions for the 535 00:20:09,080 --> 00:20:10,840 applicant? 536 00:20:10,840 --> 00:20:12,680 No? Okay. 537 00:20:12,680 --> 00:20:14,840 Okay. You can sit down. I need a motion 538 00:20:14,840 --> 00:20:17,600 to open a public hearing. 539 00:20:17,600 --> 00:20:18,240 Someone? 540 00:20:18,240 --> 00:20:19,230 >> Motion. 541 00:20:19,230 --> 00:20:19,240 » Motion. 542 00:20:19,240 --> 00:20:20,510 >> Motion by Mike. 543 00:20:20,510 --> 00:20:20,520 » Motion by Mike. 544 00:20:20,520 --> 00:20:22,760 Motion by Mike, second by John. All in 545 00:20:22,760 --> 00:20:23,600 favor, say aye. 546 00:20:23,600 --> 00:20:24,630 >> Aye. 547 00:20:24,630 --> 00:20:24,640 » Aye. 548 00:20:24,640 --> 00:20:26,110 >> Okay. Opposed? 549 00:20:26,110 --> 00:20:26,120 » Okay. Opposed? 550 00:20:26,120 --> 00:20:27,640 Okay. Public hearing's open. 551 00:20:27,640 --> 00:20:29,120 Okay, ma'am. Now you can speak. If you 552 00:20:29,120 --> 00:20:31,000 come to the microphone and state your 553 00:20:31,000 --> 00:20:37,910 name and address, please. 554 00:20:37,920 --> 00:20:38,560 Hi there. 555 00:20:38,560 --> 00:20:42,230 >> Judy Akers at 1 Peasant Street. 556 00:20:42,230 --> 00:20:42,240 » Judy Akers at 1 Peasant Street. 557 00:20:42,240 --> 00:20:43,204 So, 558 00:20:43,204 --> 00:20:43,350 >> [clears throat] 559 00:20:43,350 --> 00:20:43,360 » [clears throat] 560 00:20:43,360 --> 00:20:45,750 >> I know what a problem it is for all the 561 00:20:45,750 --> 00:20:45,760 » I know what a problem it is for all the 562 00:20:45,760 --> 00:20:48,520 people living on Peasant Street and to 563 00:20:48,520 --> 00:20:51,560 have a rule that you only need a 4-ft 564 00:20:51,560 --> 00:20:55,560 fence on that street is 565 00:20:55,560 --> 00:20:59,640 crazy because we all need 10-ft fences 566 00:20:59,640 --> 00:21:04,630 being across the street from Blankfort. 567 00:21:04,640 --> 00:21:08,040 We have hardly any 568 00:21:08,040 --> 00:21:11,360 property left that the deer don't eat. 569 00:21:11,360 --> 00:21:11,910 >> Mhm. 570 00:21:11,910 --> 00:21:11,920 » Mhm. 571 00:21:11,920 --> 00:21:15,110 >> So, all of us would love to have a 10-ft 572 00:21:15,110 --> 00:21:15,120 » So, all of us would love to have a 10-ft 573 00:21:15,120 --> 00:21:18,320 fence around our whole property. And 574 00:21:18,320 --> 00:21:21,320 that's all I can say in support of being 575 00:21:21,320 --> 00:21:23,840 a little bit higher than 4-ft. 576 00:21:23,840 --> 00:21:24,600 Nothing. 577 00:21:24,600 --> 00:21:25,390 >> Okay. 578 00:21:25,390 --> 00:21:25,400 » Okay. 579 00:21:25,400 --> 00:21:28,270 >> We need 10-ft fences in that area. 580 00:21:28,270 --> 00:21:28,280 » We need 10-ft fences in that area. 581 00:21:28,280 --> 00:21:31,830 >> Okay. Thank you very much. 582 00:21:31,830 --> 00:21:31,840 » Okay. Thank you very much. 583 00:21:31,840 --> 00:21:34,080 Okay. Any other Well, there is no else. 584 00:21:34,080 --> 00:21:36,320 So, okay. I guess we need a motion to 585 00:21:36,320 --> 00:21:38,120 close the public hearing. 586 00:21:38,120 --> 00:21:38,910 >> Motion. 587 00:21:38,910 --> 00:21:38,920 » Motion. 588 00:21:38,920 --> 00:21:41,110 >> Motion by Trevor, second by John. All in 589 00:21:41,110 --> 00:21:41,120 » Motion by Trevor, second by John. All in 590 00:21:41,120 --> 00:21:42,040 favor, say aye. 591 00:21:42,040 --> 00:21:42,510 >> Aye. 592 00:21:42,510 --> 00:21:42,520 » Aye. 593 00:21:42,520 --> 00:21:43,070 >> Aye. 594 00:21:43,070 --> 00:21:43,080 » Aye. 595 00:21:43,080 --> 00:21:46,550 >> Opposed? Okay. Meeting's closed. 596 00:21:46,550 --> 00:21:46,560 » Opposed? Okay. Meeting's closed. 597 00:21:46,560 --> 00:21:52,870 All right. Um 598 00:21:52,880 --> 00:21:57,750 I guess we 599 00:21:57,760 --> 00:22:00,080 should um go into finding some fact 600 00:22:00,080 --> 00:22:01,160 here. 601 00:22:01,160 --> 00:22:02,640 Um 602 00:22:02,640 --> 00:22:04,910 >> Can I ask one one question? Paula, can 603 00:22:04,910 --> 00:22:04,920 » Can I ask one one question? Paula, can 604 00:22:04,920 --> 00:22:06,920 you put those criteria up again, the 605 00:22:06,920 --> 00:22:09,640 four factors that have to be met? 606 00:22:09,640 --> 00:22:12,480 So, it'll be easy for me to 607 00:22:12,480 --> 00:22:14,470 >> Yes, would you like me to put up the 608 00:22:14,470 --> 00:22:14,480 » Yes, would you like me to put up the 609 00:22:14,480 --> 00:22:16,840 version from my report where they're 610 00:22:16,840 --> 00:22:19,160 just stated plainly as in the language 611 00:22:19,160 --> 00:22:20,080 of the ordinance? 612 00:22:20,080 --> 00:22:21,350 >> all I No, that's all I 613 00:22:21,350 --> 00:22:21,360 » all I No, that's all I 614 00:22:21,360 --> 00:22:23,670 >> applicant's responses to the standards. 615 00:22:23,670 --> 00:22:23,680 » applicant's responses to the standards. 616 00:22:23,680 --> 00:22:25,630 >> Uh 617 00:22:25,630 --> 00:22:25,640 » Uh 618 00:22:25,640 --> 00:22:27,310 >> Here, I'll just I'll leave this up and 619 00:22:27,310 --> 00:22:27,320 » Here, I'll just I'll leave this up and 620 00:22:27,320 --> 00:22:31,710 >> Okay, that's fine. 621 00:22:31,720 --> 00:22:32,560 I'm sorry, Brian. 622 00:22:32,560 --> 00:22:35,030 >> No, you're fine. What I and I what I 623 00:22:35,030 --> 00:22:35,040 » No, you're fine. What I and I what I 624 00:22:35,040 --> 00:22:38,720 will do is read his responses into 625 00:22:38,720 --> 00:22:40,080 the record then. 626 00:22:40,080 --> 00:22:41,680 Um 627 00:22:41,680 --> 00:22:43,760 cuz he was very detailed and and it 628 00:22:43,760 --> 00:22:45,760 really does It's kind of an unusual 629 00:22:45,760 --> 00:22:47,920 situation, so it's kind of really 630 00:22:47,920 --> 00:22:49,720 uh it's going to help us, so 631 00:22:49,720 --> 00:22:51,560 um 632 00:22:51,560 --> 00:22:55,120 Okay, so in response to the exceptional 633 00:22:55,120 --> 00:22:57,320 or ordinary circumstances or conditions 634 00:22:57,320 --> 00:23:00,280 applying to this property in question, 635 00:23:00,280 --> 00:23:02,320 his response 636 00:23:02,320 --> 00:23:04,280 is 637 00:23:04,280 --> 00:23:07,960 not to put water all over yourself. 638 00:23:07,960 --> 00:23:10,640 Okay, thank you. 639 00:23:10,640 --> 00:23:13,360 Um his response is although the corner 640 00:23:13,360 --> 00:23:14,760 lot exists throughout the city of 641 00:23:14,760 --> 00:23:16,800 Walker, not all corner lots are created 642 00:23:16,800 --> 00:23:19,280 equal. This property is not similarly 643 00:23:19,280 --> 00:23:22,120 situated to a typical corner lot created 644 00:23:22,120 --> 00:23:24,480 through the initial development. More 645 00:23:24,480 --> 00:23:26,240 than half a century this subject 646 00:23:26,240 --> 00:23:28,000 property has functioned as a traditional 647 00:23:28,000 --> 00:23:31,160 interior residential lot. That condition 648 00:23:31,160 --> 00:23:33,520 has changed only after the construction 649 00:23:33,520 --> 00:23:35,920 of a new public roadway on adjacent 650 00:23:35,920 --> 00:23:39,560 vacant land in 2025, which newly imposed 651 00:23:39,560 --> 00:23:41,400 a government created secondary front 652 00:23:41,400 --> 00:23:44,600 yard condition on an already developed 653 00:23:44,600 --> 00:23:48,310 home site. Thank you. 654 00:23:48,320 --> 00:23:51,200 After this after-the-fact change is 655 00:23:51,200 --> 00:23:54,240 unusual, creates a practical 656 00:23:54,240 --> 00:23:56,560 difficulty not generally shared by other 657 00:23:56,560 --> 00:23:59,680 properties in the same zoning district. 658 00:23:59,680 --> 00:24:01,600 Um 659 00:24:01,600 --> 00:24:03,840 Three conditions that make this property 660 00:24:03,840 --> 00:24:07,600 uniquely extraordinary when compared to 661 00:24:07,600 --> 00:24:09,240 even other corner lots are the 662 00:24:09,240 --> 00:24:11,800 government created after-the-fact the 663 00:24:11,800 --> 00:24:14,080 secondary yard designated decades after 664 00:24:14,080 --> 00:24:16,120 initial development. 665 00:24:16,120 --> 00:24:18,240 And existence of a lawful improved 666 00:24:18,240 --> 00:24:20,440 residential privacy fence years before 667 00:24:20,440 --> 00:24:22,240 the secondary front yard fence 668 00:24:22,240 --> 00:24:25,600 designation. And over 50 years of um 669 00:24:25,600 --> 00:24:27,960 reasonable use, privacy and security 670 00:24:27,960 --> 00:24:28,960 once 671 00:24:28,960 --> 00:24:31,200 enjoyed by the owner and has been 672 00:24:31,200 --> 00:24:34,520 significantly reduced. And then B, which 673 00:24:34,520 --> 00:24:35,400 um 674 00:24:35,400 --> 00:24:37,800 says uh that such variance 675 00:24:37,800 --> 00:24:40,120 is necessary for pres- presidential 676 00:24:40,120 --> 00:24:41,920 enjoyment of the substantial property 677 00:24:41,920 --> 00:24:43,280 rights similar to that possessed by 678 00:24:43,280 --> 00:24:44,680 other properties. 679 00:24:44,680 --> 00:24:47,320 He said request the requested variance 680 00:24:47,320 --> 00:24:49,760 is necessary to restore and preserve 681 00:24:49,760 --> 00:24:51,840 reasonable residential privacy, 682 00:24:51,840 --> 00:24:54,200 security, and functional backyard use 683 00:24:54,200 --> 00:24:57,347 consistent with what is commonly enjoyed 684 00:24:57,347 --> 00:24:58,520 [clears throat] by other properties in 685 00:24:58,520 --> 00:25:00,160 the same zoning district and 686 00:25:00,160 --> 00:25:02,200 historically enjoyed by the property 687 00:25:02,200 --> 00:25:04,400 owner for over 50 years. Because the 688 00:25:04,400 --> 00:25:06,960 roadway construction uniquely created a 689 00:25:06,960 --> 00:25:10,120 secondary back or front yard condition 690 00:25:10,120 --> 00:25:12,080 on this parcel, strict application of 691 00:25:12,080 --> 00:25:13,440 the ordinance would prevent the 692 00:25:13,440 --> 00:25:15,480 homeowner from maintaining a level of 693 00:25:15,480 --> 00:25:17,640 reasonable use, privacy, security, and 694 00:25:17,640 --> 00:25:20,320 backyard utility. Allowing the fence to 695 00:25:20,320 --> 00:25:22,920 be completed is the most reasonable and 696 00:25:22,920 --> 00:25:24,840 proportionate 697 00:25:24,840 --> 00:25:27,200 solution to unique practical 698 00:25:27,200 --> 00:25:29,520 difficulty uh conditions affecting the 699 00:25:29,520 --> 00:25:30,800 property. 700 00:25:30,800 --> 00:25:34,160 And as far as a detriment, 701 00:25:34,160 --> 00:25:36,120 um 702 00:25:36,120 --> 00:25:38,440 I don't think that that's 703 00:25:38,440 --> 00:25:40,080 a detriment to anybody around there. 704 00:25:40,080 --> 00:25:42,160 It's It's 705 00:25:42,160 --> 00:25:43,880 um 706 00:25:43,880 --> 00:25:45,480 This is a fence which he actually has 707 00:25:45,480 --> 00:25:47,240 now, and moving a little closer to the 708 00:25:47,240 --> 00:25:49,680 road is so and it's not going to be a 709 00:25:49,680 --> 00:25:51,200 recurring problem 710 00:25:51,200 --> 00:25:52,040 um 711 00:25:52,040 --> 00:25:54,200 anywhere in the city. So, that's kind of 712 00:25:54,200 --> 00:25:55,520 the 713 00:25:55,520 --> 00:26:00,470 four conditions. 714 00:26:00,480 --> 00:26:03,030 Right? 715 00:26:03,040 --> 00:26:06,320 So, um 716 00:26:06,320 --> 00:26:08,440 with that said, I made a mess over here, 717 00:26:08,440 --> 00:26:11,520 sorry about that. 718 00:26:11,520 --> 00:26:12,800 Um [clears throat] 719 00:26:12,800 --> 00:26:14,680 the board wants to kick it around and 720 00:26:14,680 --> 00:26:19,030 see what the feelings are. 721 00:26:19,040 --> 00:26:20,760 » I'll start off if you'd like. 722 00:26:20,760 --> 00:26:21,310 >> Sure. 723 00:26:21,310 --> 00:26:21,320 » Sure. 724 00:26:21,320 --> 00:26:22,990 >> All right. So, I'll just go through 725 00:26:22,990 --> 00:26:23,000 » All right. So, I'll just go through 726 00:26:23,000 --> 00:26:25,000 these four conditions. So, 727 00:26:25,000 --> 00:26:28,200 uh exceptional and extraordinary 728 00:26:28,200 --> 00:26:31,600 uh the unique circumstances here arises 729 00:26:31,600 --> 00:26:33,480 from the property location and the 730 00:26:33,480 --> 00:26:35,920 city's action, not from the applicant, 731 00:26:35,920 --> 00:26:37,680 in my opinion. 732 00:26:37,680 --> 00:26:39,360 Uh preservation of 733 00:26:39,360 --> 00:26:40,360 substantial [clears throat] property 734 00:26:40,360 --> 00:26:41,920 right 735 00:26:41,920 --> 00:26:42,520 Uh 736 00:26:42,520 --> 00:26:44,680 what I got is due to the city's roadway 737 00:26:44,680 --> 00:26:47,400 construction and the resulting secondary 738 00:26:47,400 --> 00:26:50,720 front yard designation the property is 739 00:26:50,720 --> 00:26:53,080 uniquely restricted. Granting this 740 00:26:53,080 --> 00:26:55,480 variance allows reasonable privacy, 741 00:26:55,480 --> 00:26:58,240 security, and residential use comparable 742 00:26:58,240 --> 00:27:00,240 to neighboring properties. 743 00:27:00,240 --> 00:27:02,920 Uh the request is based on property use 744 00:27:02,920 --> 00:27:05,400 and not a financial gain. 745 00:27:05,400 --> 00:27:06,480 Uh 746 00:27:06,480 --> 00:27:08,680 substantial detriment. 747 00:27:08,680 --> 00:27:10,640 The evidence demonstrates that the fence 748 00:27:10,640 --> 00:27:12,960 will not interfere with traffic safety, 749 00:27:12,960 --> 00:27:14,400 visibility, 750 00:27:14,400 --> 00:27:16,220 or record or excuse me, required 751 00:27:16,220 --> 00:27:17,320 [clears throat] sight distance 752 00:27:17,320 --> 00:27:21,120 standards. If we go back to image six, 753 00:27:21,120 --> 00:27:23,160 I think it was, 754 00:27:23,160 --> 00:27:25,640 where that red triangle is at, 755 00:27:25,640 --> 00:27:26,320 uh 756 00:27:26,320 --> 00:27:28,280 I think the minimum requirement, correct 757 00:27:28,280 --> 00:27:30,520 me if I'm wrong, Paul, is that the legs 758 00:27:30,520 --> 00:27:32,120 of the triangle 759 00:27:32,120 --> 00:27:34,720 are supposed to be at least 50 ft for 760 00:27:34,720 --> 00:27:36,480 visibility as you drive around the 761 00:27:36,480 --> 00:27:37,640 corner. 762 00:27:37,640 --> 00:27:38,480 Correct? 763 00:27:38,480 --> 00:27:39,910 >> Oh, I It's been a while since I pulled 764 00:27:39,910 --> 00:27:39,920 » Oh, I It's been a while since I pulled 765 00:27:39,920 --> 00:27:42,320 it up. Our ordinance states that a clear 766 00:27:42,320 --> 00:27:43,920 vision triangle It starts from the 767 00:27:43,920 --> 00:27:45,720 center point of the intersection and I 768 00:27:45,720 --> 00:27:48,240 believe it goes out 75 ft in in either 769 00:27:48,240 --> 00:27:50,720 way in in regardless, the fence in 770 00:27:50,720 --> 00:27:53,400 question is in no danger of 771 00:27:53,400 --> 00:27:53,670 >> Yeah. 772 00:27:53,670 --> 00:27:53,680 » Yeah. 773 00:27:53,680 --> 00:27:55,310 >> impacting a clear vision for the 774 00:27:55,310 --> 00:27:55,320 » impacting a clear vision for the 775 00:27:55,320 --> 00:27:56,040 intersection. 776 00:27:56,040 --> 00:27:57,750 >> So, in my opinion, you've met that 777 00:27:57,750 --> 00:27:57,760 » So, in my opinion, you've met that 778 00:27:57,760 --> 00:27:59,200 criteria. 779 00:27:59,200 --> 00:28:01,760 And then the condition um will not serve 780 00:28:01,760 --> 00:28:03,000 as uh 781 00:28:03,000 --> 00:28:05,080 or general nature as to require a 782 00:28:05,080 --> 00:28:06,800 general regulation. This is very 783 00:28:06,800 --> 00:28:09,040 specific to this property. 784 00:28:09,040 --> 00:28:10,920 So, in my opinion, 785 00:28:10,920 --> 00:28:12,600 um based on this evidence and the 786 00:28:12,600 --> 00:28:15,240 findings, I conclude that the applicant 787 00:28:15,240 --> 00:28:19,200 has met these requirements. However, um 788 00:28:19,200 --> 00:28:21,200 it is conditional. You've got this very 789 00:28:21,200 --> 00:28:23,000 nice visual right here that you just 790 00:28:23,000 --> 00:28:25,280 passed out. 791 00:28:25,280 --> 00:28:28,240 I would like it to look like that. 792 00:28:28,240 --> 00:28:30,520 It's very nice and this is a drastic 793 00:28:30,520 --> 00:28:34,630 improvement to this neighborhood. 794 00:28:34,640 --> 00:28:36,200 » I'm not doing it myself or anything like 795 00:28:36,200 --> 00:28:38,040 that. It's being contracted and it will 796 00:28:38,040 --> 00:28:41,630 it will be nice. 797 00:28:41,640 --> 00:28:42,000 » Okay. 798 00:28:42,000 --> 00:28:42,830 >> That's what I got. 799 00:28:42,830 --> 00:28:42,840 » That's what I got. 800 00:28:42,840 --> 00:28:43,550 >> All right. 801 00:28:43,550 --> 00:28:43,560 » All right. 802 00:28:43,560 --> 00:28:44,000 Thanks. 803 00:28:44,000 --> 00:28:45,430 >> I don't have anything to add. I would 804 00:28:45,430 --> 00:28:45,440 » I don't have anything to add. I would 805 00:28:45,440 --> 00:28:47,880 echo those words as well. 806 00:28:47,880 --> 00:28:48,230 >> Mary? 807 00:28:48,230 --> 00:28:48,240 » Mary? 808 00:28:48,240 --> 00:28:51,390 >> And I totally join in John's sentiments. 809 00:28:51,390 --> 00:28:51,400 » And I totally join in John's sentiments. 810 00:28:51,400 --> 00:28:53,200 I would vote yes. 811 00:28:53,200 --> 00:28:53,990 >> Okay, Trevor? 812 00:28:53,990 --> 00:28:54,000 » Okay, Trevor? 813 00:28:54,000 --> 00:28:55,590 >> Fully agree. 814 00:28:55,590 --> 00:28:55,600 » Fully agree. 815 00:28:55,600 --> 00:28:56,390 >> I agree with John. 816 00:28:56,390 --> 00:28:56,400 » I agree with John. 817 00:28:56,400 --> 00:28:57,550 >> Okay. 818 00:28:57,550 --> 00:28:57,560 » Okay. 819 00:28:57,560 --> 00:28:58,480 All right. 820 00:28:58,480 --> 00:29:00,920 Can we entertain a motion? 821 00:29:00,920 --> 00:29:02,270 >> Motion to approve. 822 00:29:02,270 --> 00:29:02,280 » Motion to approve. 823 00:29:02,280 --> 00:29:02,670 >> Support. 824 00:29:02,670 --> 00:29:02,680 » Support. 825 00:29:02,680 --> 00:29:04,950 >> Motion by John, support by Mike. All in 826 00:29:04,950 --> 00:29:04,960 » Motion by John, support by Mike. All in 827 00:29:04,960 --> 00:29:06,200 favor, say aye. 828 00:29:06,200 --> 00:29:06,710 >> Aye. 829 00:29:06,710 --> 00:29:06,720 » Aye. 830 00:29:06,720 --> 00:29:08,190 >> Opposed? 831 00:29:08,190 --> 00:29:08,200 » Opposed? 832 00:29:08,200 --> 00:29:10,320 Okay, it's approved. 833 00:29:10,320 --> 00:29:11,790 >> Thank you all for your time. 834 00:29:11,790 --> 00:29:11,800 » Thank you all for your time. 835 00:29:11,800 --> 00:29:12,950 >> Well, 836 00:29:12,950 --> 00:29:12,960 » Well, 837 00:29:12,960 --> 00:29:15,120 sorry about the last time, but uh 838 00:29:15,120 --> 00:29:15,950 >> It all worked out. 839 00:29:15,950 --> 00:29:15,960 » It all worked out. 840 00:29:15,960 --> 00:29:20,070 >> Okay. 841 00:29:20,080 --> 00:29:22,120 » Thank you, Paula. 842 00:29:22,120 --> 00:29:24,110 >> Okay. 843 00:29:24,110 --> 00:29:24,120 » Okay. 844 00:29:24,120 --> 00:29:27,310 Motion to adjourn? 845 00:29:27,320 --> 00:29:28,240 » I move. 846 00:29:28,240 --> 00:29:29,030 >> Okay, Mary. 847 00:29:29,030 --> 00:29:29,040 » Okay, Mary. 848 00:29:29,040 --> 00:29:29,710 >> Second. 849 00:29:29,710 --> 00:29:29,720 » Second. 850 00:29:29,720 --> 00:29:31,510 >> Second by John. All in favor? 851 00:29:31,510 --> 00:29:31,520 » Second by John. All in favor? 852 00:29:31,520 --> 00:29:31,910 >> Aye. 853 00:29:31,910 --> 00:29:31,920 » Aye. 854 00:29:31,920 --> 00:29:32,910 >> Aye. 855 00:29:32,910 --> 00:29:32,920 » Aye. 856 00:29:32,920 --> 00:29:35,680 Motion to adjourn.