And. Yeah. Yeah. Yeah, I. All right. We're going to go All right. We're going to go ahead and get started. Go ahead ahead and get started. Go ahead and call to order the Board of and call to order the Board of Adjustments meeting for Adjustments meeting for Thursday, August 20th, 2026.
Thursday, August 20th, 2026. Before we get started, I'll Before we get started, I'll read the Board of Adjustment read the Board of Adjustment introduction hearings before introduction hearings before the Board of Adjustments are the Board of Adjustments are quasi judicial and nature. quasi judicial and nature.
Decisions of the board are Decisions of the board are based on the record of these based on the record of these proceedings. To grant a proceedings. To grant a variance requires a concurrent variance requires a concurrent vote of 4/5 of the members of vote of 4/5 of the members of the board to reverse or modify.
the board to reverse or modify. Determination of an Determination of an administrative official administrative official requires a simple majority. requires a simple majority. Evidence submitted to the board Evidence submitted to the board for review becomes part of the for review becomes part of the record.
Appeals of the board's record. Appeals of the board's decision are to Superior Court, decision are to Superior Court, and, based on the record. and, based on the record.
Appeals must be filed 30 days Appeals must be filed 30 days of the date of the filing of of the date of the filing of the board's order, and the the board's order, and the Planning Division. A hearing Planning Division. A hearing before the board is conducted before the board is conducted in accordance with rules of in accordance with rules of procedure. Those who want to procedure. Those who want to testify in a case are sworn as testify in a case are sworn as witnesses.
The chairperson witnesses. The chairperson recognizes those who want to recognizes those who want to testify or are their attorneys testify or are their attorneys for presentation of evidence for presentation of evidence during the hearing, to ensure during the hearing, to ensure that all testimony is properly that all testimony is properly recorded.
Please come forward recorded. Please come forward to address the board. State to address the board. State your name, address and speak your name, address and speak clearly. Next, we'll go ahead clearly. Next, we'll go ahead and swear in anyone that's and swear in anyone that's going to testify or present going to testify or present anything today. Please rise.
anything today. Please rise. If I could have all staff If I could have all staff applicants and members of the applicants and members of the public, anybody who wishes to public, anybody who wishes to speak this afternoon, please speak this afternoon, please stand up and raise your right
stand up and raise your right hand. Do you swear that the hand. Do you swear that the testimony you're about to give testimony you're about to give is the truth, the whole truth, is the truth, the whole truth, and nothing but the truth? and nothing but the truth? Thank you. Thank you. All right. Thank you.
Our next All right. Thank you. Our next item is going to be the item is going to be the approval of the minutes from approval of the minutes from the June 18th, 2026 meeting. If the June 18th, 2026 meeting. If there aren't any changes, we there aren't any changes, we entertain a motion of approval.
entertain a motion of approval. Move to approve. Move to approve. We have a motion. Is there a We have a motion. Is there a second? Second. All those in second? Second. All those in favor say aye. Aye aye aye. favor say aye. Aye aye aye. Anyone opposed? Those pass.
Anyone opposed? Those pass. Next item is new business. It's Next item is new business. It's 308 Hooker Road. A variance to 308 Hooker Road. A variance to city code section 18316 for the city code section 18316 for the impact to specimen trees. And impact to specimen trees.
And you'll be doing the you'll be doing the presentation on time. All presentation on time. All right. Thank you. right. Thank you. Good afternoon everyone. Uh, as Good afternoon everyone. Uh, as was mentioned, this is 308 was mentioned, this is 308 Hooker Road variance section Hooker Road variance section 18316 tree reservation. Impacts 18316 tree reservation.
Impacts to the critical route zone to the critical route zone where we have, uh, two trees where we have, uh, two trees that are currently being that are currently being impacted. Uh, based on the the impacted. Uh, based on the the plan that was submitted. Uh, plan that was submitted.
Uh, the subject property located at the subject property located at 308 Hooker Road, the property 308 Hooker Road, the property is currently the site of two is currently the site of two vacated single family homes, as vacated single family homes, as well as accessory structures. well as accessory structures.
The property is bordered by The property is bordered by Hooker Road along the frontage Hooker Road along the frontage and residential single family and residential single family home properties along all other home properties along all other property boundaries. Here we property boundaries. Here we have views from the front. Uh, have views from the front. Uh, looking from Hooker Road. Uh, looking from Hooker Road.
Uh, the picture on the right will the picture on the right will show the impacted tree. Uh, show the impacted tree. Uh, that is under discussion today. that is under discussion today.
Here are some additional views Here are some additional views from the rear of the property from the rear of the property and an arrow pointing out the and an arrow pointing out the general location of the second general location of the second tree at the rear. Uh, that is tree at the rear. Uh, that is impacted, uh, beyond the 20% of impacted, uh, beyond the 20% of critical routes out. The critical routes out.
The project went through, uh, TRC project went through, uh, TRC pre TRC uh, on May 21st of 2026 pre TRC uh, on May 21st of 2026 for the review of the eight lot for the review of the eight lot residential subdivision. During residential subdivision.
During this review, comments were this review, comments were noted about impacts to the noted about impacts to the critical root zone of two critical root zone of two specimens. Southern live oak specimens. Southern live oak trees on June 7th, 2026, the trees on June 7th, 2026, the applicant submitted a request applicant submitted a request for a variance of city code for a variance of city code section 18-316, seeking relief
section 18-316, seeking relief to exceed maximum critical root to exceed maximum critical root zone impacts of 20% for two zone impacts of 20% for two trees at 28% uh, for each tree. trees at 28% uh, for each tree.
Impacts of specimen trees CRC Impacts of specimen trees CRC beyond 20% shall only be beyond 20% shall only be authorized by variance from the authorized by variance from the Board of Adjustment, per the Board of Adjustment, per the Land Development Code. The Land Development Code.
The applicant asserts in the applicant asserts in the application that the road application that the road cannot be designed to meet code cannot be designed to meet code without impacts to the CRC. without impacts to the CRC. Exceeding 20%. Should the board Exceeding 20%. Should the board choose to grant the variance. choose to grant the variance.
Staff recommends a condition Staff recommends a condition that would prohibit the removal that would prohibit the removal of the trees from the lots in of the trees from the lots in perpetuity, and that that be perpetuity, and that that be put in recorded easements. Here put in recorded easements. Here we have the findings of fact. we have the findings of fact.
Um, just to run through them Um, just to run through them real quick, that unnecessary real quick, that unnecessary hardship would result from the hardship would result from the strict application, the strict application, the ordinance to the hardship ordinance to the hardship results from conditions that results from conditions that are peculiar to the property.
are peculiar to the property. The hardship did not result The hardship did not result from actions taken by the from actions taken by the applicant or property owner, applicant or property owner, and that the requested variance and that the requested variance is consistent with the spirit, is consistent with the spirit, purpose and intent of the
purpose and intent of the ordinance, such that the public ordinance, such that the public safety is secured and safety is secured and substantial. Substantial substantial. Substantial justice is achieved. Uh, this justice is achieved. Uh, this concludes my presentation, and concludes my presentation, and I'd like to submit my I'd like to submit my presentation into the record.
presentation into the record. Thank you. Anyone have any Thank you. Anyone have any questions? questions? The city have the arborist The city have the arborist review the critical root zone review the critical root zone impact. impact. Yes. As part of the TRC, Yes.
As part of the TRC, there's always someone from, there's always someone from, uh, the arborist gets the plans, uh, the arborist gets the plans, and, uh, our urban foresters on and, uh, our urban foresters on on the reviews. on the reviews. Okay. Any statement from the Okay.
Any statement from the arborist on the 28, how that arborist on the 28, how that would affect the trees? would affect the trees? Uh, the accepted, uh, impacts, Uh, the accepted, uh, impacts, typically from the arborist. I typically from the arborist.
I don't want to weigh into that don't want to weigh into that too deeply, but the ordinance too deeply, but the ordinance specifies 20%, and that's specifies 20%, and that's generally what they say is the generally what they say is the threshold of, uh, least impact threshold of, uh, least impact to the tree and giving it the to the tree and giving it the most, uh, potential to survive, most, uh, potential to survive, uh, while having disturbance at uh, while having disturbance at its core. its core. Thanks. Thanks. Yes, sir. Okay.
Yes, sir. Okay. Yes, sir. Yes, sir. Um, so if I understand Um, so if I understand correctly, sir, you're talking correctly, sir, you're talking about. They're talking about about. They're talking about putting a road that would putting a road that would impact this critical root zone. impact this critical root zone.
Um, has anyone discussed with Um, has anyone discussed with the applicant or the arborist the applicant or the arborist or whomever the possibility of or whomever the possibility of maybe some permeable surface, maybe some permeable surface, if that would help? if that would help? Permeable surfaces have been Permeable surfaces have been discussed.
Uh, typically for, discussed. Uh, typically for, uh, use in sidewalks, uh, some uh, use in sidewalks, uh, some flexi pave things of that flexi pave things of that nature. Uh, I don't believe nature.
Uh, I don't believe we've discussed in any great we've discussed in any great detail that I could elaborate detail that I could elaborate on. As far as, uh, potential on. As far as, uh, potential for road services or anything for road services or anything like that. I defer to the like that. I defer to the applicant for any additional applicant for any additional questions about design and. questions about design and. Okay. And things like that.
Okay. And things like that. Thank you. Sir. Yes. Thank you. Sir. Yes. Uh, the, uh, the requested Uh, the, uh, the requested variance is 8% per tree. variance is 8% per tree. Yes, that is correct. Yes, sir. Yes, that is correct. Yes, sir. Anybody else? All right. Thank Anybody else? All right. Thank you sir.
you sir. All right. Thank you. All right. Thank you. All right. Would the owner of All right. Would the owner of the agent of the owner would the agent of the owner would like to present. like to present. Good afternoon. Jake, on the Good afternoon.
Jake, on the consult, the consulting consult, the consulting engineer on the project. Uh, we engineer on the project. Uh, we prepared the plans. Um. prepared the plans. Um. And just for the records, just And just for the records, just state your legal address. state your legal address. Uh, 160 30 Moxey Glenn Court, Uh, 160 30 Moxey Glenn Court, Charlotte, North Carolina.
Uh, Charlotte, North Carolina. Uh, coming before you guys. We coming before you guys. We spent a lot of time in the back spent a lot of time in the back end designing this site with end designing this site with one thing in mind, which is the one thing in mind, which is the preservation of the trees we've
preservation of the trees we've gone through, I think, over 12 gone through, I think, over 12 different layouts, different layouts, configurations, density configurations, density reviews. Uh, with one thing in reviews. Uh, with one thing in mind, which is to protect the mind, which is to protect the trees.
If you look at the lot, trees. If you look at the lot, we have like an elongated shape we have like an elongated shape of parcel located at the rear. of parcel located at the rear.
We have several conjoining, uh, We have several conjoining, uh, sanitary easements that kind of sanitary easements that kind of prevent us from using or prevent us from using or utilizing the back area for utilizing the back area for development. We also have development. We also have floodplains and wetlands. So floodplains and wetlands. So the rear portion of the the rear portion of the property kind of limits us to property kind of limits us to where we are on site.
There are where we are on site. There are six specimen trees. We are six specimen trees. We are impacting three of them. Uh, impacting three of them. Uh, two of them, just 8%. Uh, we two of them, just 8%.
Uh, we evaluated using the typical evaluated using the typical roadway section with the city, roadway section with the city, which is 50ft. We are down to which is 50ft. We are down to 40ft. We have done everything 40ft. We have done everything we can to reduce our we can to reduce our developable footprint. Uh, on developable footprint. Uh, on the property. the property.
I think the question was I think the question was brought up. brought up. In relation to impervious In relation to impervious surfaces, even if it was my surfaces, even if it was my understanding of the code is understanding of the code is even if it was, uh, pervious even if it was, uh, pervious pavement, pervious asphalt,
pavement, pervious asphalt, that's still disturbed area. that's still disturbed area. Um, which is the whole idea is Um, which is the whole idea is to, to protect the trees in to, to protect the trees in growth and through the growth and through the development, the applicant development, the applicant again with the intent here is
again with the intent here is to protect the trees. If you to protect the trees. If you see the location which are see the location which are shown in blue circles, and the shown in blue circles, and the proposed site plan. There are proposed site plan.
There are located in setbacks, their located in setbacks, their location in areas where they location in areas where they can be preserved after can be preserved after construction. So when the homes construction. So when the homes are built, their stay as they are built, their stay as they exist today.
Um, not only are exist today. Um, not only are the existing specimen trees on the existing specimen trees on site, there are over 300 trees site, there are over 300 trees on site, and the applicant is on site, and the applicant is doing whatever they can to doing whatever they can to protect and keep those and keep
protect and keep those and keep those natural buffers in place. those natural buffers in place. We have submitted, um, our We have submitted, um, our responses to the findings of responses to the findings of facts, and those were submitted facts, and those were submitted as part of our application.
I as part of our application. I can answer any questions you can answer any questions you guys have at this time. guys have at this time. Anyone have any questions? All Anyone have any questions? All right. We might have some right. We might have some later. Thank you. Thank you.
later. Thank you. Thank you. All right. Does city have All right. Does city have anything else related to the anything else related to the presentation? Are you good? All presentation? Are you good? All right. Thank you. We'll go into right. Thank you. We'll go into the evidentiary hearing.
This the evidentiary hearing. This is a portion where anyone from is a portion where anyone from the public that has substantial the public that has substantial information that's relevant to information that's relevant to them matter to present at this them matter to present at this time.
Is there anyone that time. Is there anyone that likes to present? All right, likes to present? All right, while we're in the evidentiary while we're in the evidentiary hearing, any questions for hearing, any questions for anyone? All right. All right. anyone? All right. All right. I'll go ahead and close the I'll go ahead and close the evidentiary hearing.
We'll move evidentiary hearing. We'll move on. Is there anything else that on. Is there anything else that the city would like to present? the city would like to present? All right. Anything else from All right. Anything else from the applicant? All right. All the applicant? All right. All right.
It's up to you how we right. It's up to you how we proceed. proceed. If I may say so. I actually, If I may say so. I actually, um, think that it's very wise um, think that it's very wise of the city to propose the of the city to propose the easement. Um, solution or.
And easement. Um, solution or. And I appreciate that the applicant I appreciate that the applicant is also concerned about the is also concerned about the specimen trees. So together specimen trees.
So together with that, I think that, um, we with that, I think that, um, we may have a viable, um, uh, may have a viable, um, uh, variance proposal. Thank you. variance proposal. Thank you. Anyone have any anything else Anyone have any anything else to add or a motion? to add or a motion? Excuse me, Mr. Chair, if I Excuse me, Mr. Chair, if I could just mention one thing. could just mention one thing. Yes.
Staff recommended an Yes. Staff recommended an easement. Uh, the vehicle for easement. Uh, the vehicle for that may be more in line with a that may be more in line with a covenant, uh, affecting the lot covenant, uh, affecting the lot that trees located on, um. How that trees located on, um.
How we can get to that point? I we can get to that point? I think you could say protected think you could say protected in perpetuity. in perpetuity. So the proper term would be a So the proper term would be a covenant as opposed to an covenant as opposed to an easement, sir, is that what I'm easement, sir, is that what I'm hearing?
hearing? I think that would be the way I think that would be the way to do it. So that it'd be to do it. So that it'd be recorded and run with the recorded and run with the property. property. Okay. Thank you for clarifying. Okay. Thank you for clarifying. Okay. Anyone? Any.
Motion from Okay. Anyone? Any. Motion from one and go ahead. one and go ahead. I would say I do believe that I would say I do believe that this variance does meet the this variance does meet the four findings of fact. Um, four findings of fact.
Um, ultimately, in my mind, it ultimately, in my mind, it feels like we're gambling on feels like we're gambling on whether or not this additional whether or not this additional 8% could potentially kill these 8% could potentially kill these trees. The applicant has shown trees.
The applicant has shown that they've, um, you know, that they've, um, you know, exhausted all the options exhausted all the options available to them. Um, I would available to them. Um, I would suggest a motion to approve the suggest a motion to approve the variance with the suggestion variance with the suggestion that some type of deed that some type of deed restriction or covenant be restriction or covenant be filed, that these trees cannot
filed, that these trees cannot be removed after the site work be removed after the site work or construction is completed. or construction is completed. All right. There's been a All right. There's been a motion, um, related to the motion, um, related to the talking about the covenant. Is talking about the covenant.
Is the city have any the city have any recommendation on that language recommendation on that language or verbiage? or verbiage? The city's presentation has The city's presentation has some specific verbiage. Maybe some specific verbiage. Maybe we could put that specific we could put that specific verbiage in the in the motion. verbiage in the in the motion.
Could we bring that up again Could we bring that up again please. On the screen. Thank please. On the screen. Thank you. you. All right. So with your your All right. So with your your motion are you good with your motion are you good with your motion with the additional motion with the additional recommendation condition. recommendation condition. Yeah.
And has that been Yeah. And has that been discussed with the applicant. discussed with the applicant. No reason I asked. This is No reason I asked. This is because if the impervious because if the impervious surface that's being suggested surface that's being suggested here is within this critical here is within this critical root zone, if these lots are
root zone, if these lots are buildable, is that not just buildable, is that not just going to be a problem, that going to be a problem, that we're just kicking the can down we're just kicking the can down the line? I mean, not that the line? I mean, not that necessarily affects this
necessarily affects this variance request, but you guys variance request, but you guys get what I'm saying. If these get what I'm saying. If these are buildable lots and these are buildable lots and these trees are going to be impacted trees are going to be impacted again by building. again by building. Mr..
Mr.. Mr.. Modesto and I spoke on the Mr.. Modesto and I spoke on the phone 2 or 3 days ago about phone 2 or 3 days ago about this specific item being added this specific item being added as a condition to the variance as a condition to the variance request. request. Okay. And and I'll just add.
Okay. And and I'll just add. that once these lots are that once these lots are subdivided. Sorry. subdivided. Sorry. Okay. Okay. Uh, once these lots are Uh, once these lots are subdivided, they would be subdivided, they would be exempt from the city's tree exempt from the city's tree preservation requirements.
This preservation requirements. This is, um, staff's attempt in is, um, staff's attempt in compromise with this condition compromise with this condition to ensure that we are still to ensure that we are still saving these trees through the saving these trees through the construction. And once the construction.
And once the construction of the homes is construction of the homes is done, the trees can still be done, the trees can still be preserved. Rather than a preserved. Rather than a homeowner coming in and homeowner coming in and removing these trees at a later removing these trees at a later date. Okay. date. Okay.
Now this is a deed restriction, Now this is a deed restriction, correct? Okay. correct? Okay. And I think there may be need And I think there may be need to be some exception in case to be some exception in case the tree became diseased, the tree became diseased, imposed a hazard. imposed a hazard.
So just before, like before we So just before, like before we start, do you want me to open start, do you want me to open up the evidentiary again to add up the evidentiary again to add additional information? Cause additional information? Cause of what we're talking about, of what we're talking about, just to be for the record.
All just to be for the record. All right. Just. I'm going to go right. Just. I'm going to go ahead and reopen the ahead and reopen the evidentiary portion of the evidentiary portion of the hearing again. Sorry, I didn't hearing again. Sorry, I didn't mean. mean. You know, you're good.
Just for You know, you're good. Just for for clarification, it would for clarification, it would just be the specimen trees just be the specimen trees tonight. That would just be our tonight. That would just be our request. Did not any tree on request. Did not any tree on this.
It would just be that the this. It would just be that the trees that we're talking about trees that we're talking about today. Um, that is the intent. today. Um, that is the intent. The applicant is okay with The applicant is okay with that? Um, yeah. We want to make that? Um, yeah. We want to make sure it's just the trees.
Not sure it's just the trees. Not all the trees and the all the trees and the properties. properties. Okay? And, um, the city had Okay? And, um, the city had when you were adding a little when you were adding a little more about the what would more about the what would happen down the road. Can we.
happen down the road. Can we. Let's put that on the record to Let's put that on the record to Pat, when you were what you Pat, when you were what you stated, I put it into the stated, I put it into the hearing portion of this. Yeah. hearing portion of this. Yeah. Yes, sir.
Yes, sir. Sure. Yes. Once. Um, once. He's Sure. Yes. Once. Um, once. He's lots are subdivided. They lots are subdivided. They would, since they are under an would, since they are under an acre. Um, they would be exempt acre.
Um, they would be exempt from the the tree removal, um, from the the tree removal, um, requirements of the city. Um, requirements of the city. Um, so potentially a homeowner so potentially a homeowner could remove any tree on their could remove any tree on their lot without requiring a tree lot without requiring a tree permit or approval.
So the permit or approval. So the condition is staff's attempt to condition is staff's attempt to ensure that these trees are ensure that these trees are saved in perpetuity, uh, the saved in perpetuity, uh, the specimen trees that we're specimen trees that we're talking about. talking about.
Today, that's the deed Today, that's the deed restriction, right? So on those restriction, right? So on those two trees. two trees. Correct. That would just impact Correct. That would just impact the three that are the for the the three that are the for the variance. variance. Uh, there were 2 or 4 for Uh, there were 2 or 4 for variance. variance. Just two. Okay. Sorry.
All Just two. Okay. Sorry. All right. Okay. right. Okay. Yes. Yes. Yeah. Well, since we were in Yeah. Well, since we were in the evidentiary hearing, if you the evidentiary hearing, if you have something that is of have something that is of additional information, you can additional information, you can come up to present.
come up to present. Sir, did you stand and get Sir, did you stand and get sworn in until you're left? sworn in until you're left? I did not, but I'll be glad to. I did not, but I'll be glad to.
Do you? Do you? Do you swear that the testimony Do you swear that the testimony you're about to give is the you're about to give is the truth, the whole truth, and truth, the whole truth, and nothing but the truth I do. nothing but the truth I do. Thank you. Thank you. Thank you. Thank you. My name is Gary Craig Turner.
I My name is Gary Craig Turner. I live at 6109 title Rich court. live at 6109 title Rich court. It's the last lot on this It's the last lot on this property. Backs up to it. And property. Backs up to it.
And my concern in going back to the my concern in going back to the last comment from the gentleman last comment from the gentleman on my right is once the lots on my right is once the lots are platted and sold, if an are platted and sold, if an owner buys that lot, are the owner buys that lot, are the remaining trees that are shown
remaining trees that are shown on this plat not being taken on this plat not being taken out now, do they do they have out now, do they do they have any protection at all? any protection at all? I'll go ahead and let city I'll go ahead and let city respond.
My understanding they respond. My understanding they don't, but I. don't, but I. Do not know. They would be Do not know. They would be exempt from tree removal exempt from tree removal requirements. requirements. So the variance only if I So the variance only if I understand it only covers the understand it only covers the two specimen trees.
The deed two specimen trees. The deed restrictions on the two restrictions on the two specimen trees that are before specimen trees that are before us today, not the remaining us today, not the remaining trees on the property, seems to trees on the property, seems to negate the effect of the city's
negate the effect of the city's tree ordinance. To me, it's in tree ordinance. To me, it's in my backyard. my backyard. That's why it's. Sir, it's it's That's why it's. Sir, it's it's not a back and forth. You not a back and forth. You present. Next question. present. Next question.
Okay, so so if there's no Okay, so so if there's no protection, those trees are protection, those trees are subject potentially in the subject potentially in the future to be removed by a future to be removed by a homeowner lot owner. Is that homeowner lot owner.
Is that correct? correct? Our understanding is they would Our understanding is they would have to they comply with this have to they comply with this tree ordinance. Anything they tree ordinance. Anything they do would have to comply with do would have to comply with the city's ordinances. the city's ordinances. Oh, okay. I misunderstood the Oh, okay. I misunderstood the comment.
I thought it was they comment. I thought it was they saying that they had no saying that they had no protection since they would be protection since they would be under an acre, right? under an acre, right? That's correct. That's correct. So they have no protection. So they have no protection. Okay.
I am several of my Okay. I am several of my neighbors have asked that. So neighbors have asked that. So we were just concerned about we were just concerned about that. that. That's why. That's why. We thank you for the We thank you for the clarification. clarification. Yes. Yes, sir. Thank you.
All Yes. Yes, sir. Thank you. All right. Since we're still on, is right. Since we're still on, is there anyone else that has any there anyone else that has any relevant information to relevant information to present? Does the applicant present? Does the applicant have anything additional to have anything additional to present? City.
While we're in present? City. While we're in the evidentiary. Okay, go ahead the evidentiary. Okay, go ahead and close the evidentiary and and close the evidentiary and we'll move back. Is, um, back we'll move back. Is, um, back to discussion on how to move to discussion on how to move and proceed forward on this.
and proceed forward on this. We have we have a motion just We have we have a motion just wanted to represent. wanted to represent. We have to since we went back We have to since we went back in, we have to put it back out in, we have to put it back out there.
there. I mean, just to reiterate, I do I mean, just to reiterate, I do believe that the ask for this believe that the ask for this variance is to or the reason variance is to or the reason that there's even a variance that there's even a variance request in the first place is
request in the first place is to try to protect these trees. to try to protect these trees. I would be fine. You know, um, I would be fine. You know, um, motioning to grant this motioning to grant this variance with the caveat that variance with the caveat that there is I don't have it pulled
there is I don't have it pulled up in front of me. But, um, up in front of me. But, um, yeah, yeah, the condition, uh, yeah, yeah, the condition, uh, to prohibit the tree removal in to prohibit the tree removal in perpetuity with recorded deed perpetuity with recorded deed restrictions. restrictions. All right.
There's been a All right. There's been a motion. Is there a second? motion. Is there a second? Second? I just been seconded. Second? I just been seconded. All those in favor say aye. Aye All those in favor say aye. Aye aye aye. Anyone opposed that? aye aye. Anyone opposed that? Variance is granted.
Uh, we'll Variance is granted. Uh, we'll move on to item number two. move on to item number two. Before we do that, I have to Before we do that, I have to recuse myself for this item. So recuse myself for this item. So to ask for permission to be to ask for permission to be recused. All right.
Patch it recused. All right. Patch it over to this. over to this. Yeah, this is just overturning. Yeah, this is just overturning. It's not. So we don't need. It's not. So we don't need. Yeah. Yeah. It's just, uh, this. It's just, uh, this. Item two before the board is Item two before the board is 1159.
See? Lavender drive 1159. See? Lavender drive appeal. The staff determination appeal. The staff determination that a fence exceeds the that a fence exceeds the standards is set forth in the standards is set forth in the city code. Section 1855, for city code. Section 1855, for legacy code right. Good legacy code right. Good afternoon.
Members of the afternoon. Members of the board. Uh, your second hearing board. Uh, your second hearing is for the appeal of a notice is for the appeal of a notice of violation for the fence of violation for the fence standards at 1159 C Lavender standards at 1159 C Lavender Drive.
Uh, just a an overview Drive. Uh, just a an overview of the timeline. Uh, staff of the timeline. Uh, staff perform a site inspection on perform a site inspection on May 1st of 2026. Uh, and May 1st of 2026. Uh, and determined that this the fence determined that this the fence was out of compliance.
A notice was out of compliance. A notice of violation was sent on May of violation was sent on May 14th, and the applicant 14th, and the applicant submitted an appeal of that submitted an appeal of that notice violation on June 15th notice violation on June 15th to the City Clerk.
Uh, the to the City Clerk. Uh, the subject property is located at subject property is located at 1159 C lavender, and it 1159 C lavender, and it contains a 2550 square foot contains a 2550 square foot single dwelling home. Uh, the single dwelling home.
Uh, the subject property is currently subject property is currently zoned R seven CD Conditional zoned R seven CD Conditional district. Uh, there is an district. Uh, there is an approved special use permit for approved special use permit for a planned unit development for a planned unit development for a 56 lot single dwelling a 56 lot single dwelling subdivision. Uh, here are subdivision.
Uh, here are several photos of the fence in several photos of the fence in question. Uh, the city's fence question. Uh, the city's fence standards specified maximum standards specified maximum height. Fence height of four height. Fence height of four feet within the front yard. feet within the front yard. Setback. Um, there's a fence Setback.
Um, there's a fence height of eight feet in the height of eight feet in the side and rear yard setback. And side and rear yard setback. And this illustration provides the this illustration provides the what that looks like. The R-7 what that looks like.
The R-7 district has setbacks for district has setbacks for front, side and rear and corner front, side and rear and corner lot side setbacks. Uh, the lot side setbacks. Uh, the minimum front yard setback in minimum front yard setback in the R7 district is 30ft. The the R7 district is 30ft. The minimum corner lot side yard minimum corner lot side yard setback is 20 12.5ft.
Uh, a setback is 20 12.5ft. Uh, a special use permit was approved special use permit was approved for this project. Uh, the for this project. Uh, the standard R7 setback standard R7 setback requirements would not apply in requirements would not apply in this case. The Supp would this case.
The Supp would establish the setbacks, and establish the setbacks, and those setbacks were established those setbacks were established at ten feet along all frontages at ten feet along all frontages within the subdivision. Uh, the within the subdivision.
Uh, the staff determination was that staff determination was that the minimum front setback of is the minimum front setback of is ten feet and applies to both ten feet and applies to both frontages of Sea lavender drive frontages of Sea lavender drive of the the fence that was of the the fence that was constructed is approximately constructed is approximately six feet in height and is six feet in height and is approximately 5.25ft from the approximately 5.25ft from the front property line.
Um, that front property line. Um, that concludes our presentation. Um, concludes our presentation. Um, if you have any questions, I'll if you have any questions, I'll be happy to answer to them. And be happy to answer to them.
And I'd like to request that my I'd like to request that my case summary and presentation case summary and presentation be added to the, um, record. be added to the, um, record. Thank you. Any questions. Thank you. Any questions. For staff? For staff? Yeah, I got one. Um, so what Yeah, I got one.
Um, so what would can you go to the would can you go to the previous slide? So does this do previous slide? So does this do these bullets imply that to be these bullets imply that to be in compliance, the fence would in compliance, the fence would need to be set back ten feet, need to be set back ten feet, but it's only set back five and but it's only set back five and a quarter.
a quarter. That is correct. A six foot That is correct. A six foot fence about to be set back ten fence about to be set back ten feet. It could stay where it's feet.
It could stay where it's at, but it would be a maximum at, but it would be a maximum of four feet tall in this of four feet tall in this current location. current location. Okay, so if it was, it was four Okay, so if it was, it was four feet tall in its current feet tall in its current location, it would be in location, it would be in compliance. Yes, sir.
If it was compliance. Yes, sir. If it was set back another four and three set back another four and three quarters feet at its current quarters feet at its current height, it would be in height, it would be in compliance. Yes, sir. Okay. compliance. Yes, sir. Okay. That's very helpful. Thank you. That's very helpful. Thank you. Any more questions for.
Any more questions for. City? City? Okay. Okay. Thank you. All right. Thank you. Thank you. All right. Thank you. Applicants present to present. You state your name. You state your name. And address for the record, And address for the record, please. please. Good afternoon. Um, Mr. Good afternoon. Um, Mr.
chairman, fellow board members, chairman, fellow board members, my name is Brooke McCormick. my name is Brooke McCormick. I'm the attorney for the I'm the attorney for the applicant. The owners in this applicant. The owners in this situation, Austin and Christian situation, Austin and Christian Oger. And they are the owners Oger.
And they are the owners of that property at 1159 C of that property at 1159 C lavender Drive. Um, as a brief lavender Drive. Um, as a brief overview, as, um, Mr. Chambers overview, as, um, Mr. Chambers already stated, this property already stated, this property is in a R7 zone subject to a is in a R7 zone subject to a special use permit.
Um, the special use permit. Um, the current owners of the property current owners of the property erected a six foot wooden fence erected a six foot wooden fence about around the side yard and about around the side yard and backyard of the property. Um, backyard of the property. Um, on May 14th.
They were cited on May 14th. They were cited for a violation of LDC section for a violation of LDC section 18554 due to the height and or 18554 due to the height and or location of the fence. I'm location of the fence.
I'm going to focus on those two going to focus on those two issues, the height requirement issues, the height requirement and the setback requirement. In and the setback requirement. In today's presentation. So to today's presentation.
So to begin, the novel originally begin, the novel originally seemed to claim that the seemed to claim that the subject property is not a subject property is not a corner lot, but the staff corner lot, but the staff documentation clearly shows documentation clearly shows that this lot falls within the that this lot falls within the definition of a corner lot. Um, definition of a corner lot. Um, as you can see, it is an oddly as you can see, it is an oddly configured lot.
Um, not what we configured lot. Um, not what we would typically see. Um, and would typically see. Um, and the definition of a quarter lot the definition of a quarter lot is that the lot abutting a is that the lot abutting a curved street, if you draw curved street, if you draw straight lines from the
straight lines from the foremost points of the side lot foremost points of the side lot lines to the foremost point of lines to the foremost point of the lot, and as shown on figure the lot, and as shown on figure three of the presentation, three of the presentation, those meet at less than 135
those meet at less than 135 degree angle, making this a degree angle, making this a corner lot. The applicable corner lot. The applicable section of the LDC states. And section of the LDC states.
And the city concedes that a corner the city concedes that a corner lot is only required to lot is only required to maintain frontage setbacks on maintain frontage setbacks on the primary street. Um, the the primary street.
Um, the agreements contend that it agreements contend that it logically follows that if their logically follows that if their corner lot is subject to corner lot is subject to frontage setbacks along one frontage setbacks along one side, the front side of their side, the front side of their property, then they only have property, then they only have one front yard which is located one front yard which is located directly in front of the directly in front of the property.
Um, along the primary property. Um, along the primary entrance to the residence, as entrance to the residence, as shown in this plat. Correction shown in this plat. Correction the survey. This survey shows the survey.
This survey shows the location of the fence in the location of the fence in red along the um, side yard and red along the um, side yard and backyard of the property. As backyard of the property. As the survey shows, the concrete the survey shows, the concrete drive and front entrance to the drive and front entrance to the house are clearly located along house are clearly located along one side of Sea lavender Drive,
one side of Sea lavender Drive, which is the primary street. which is the primary street. For purposes of determining the For purposes of determining the frontage and front yard frontage and front yard requirements, the survey shows requirements, the survey shows a clear distinction between the a clear distinction between the front yard of the property and
front yard of the property and the side yard of the property, the side yard of the property, and the fence is therefore not and the fence is therefore not in or near the front yard area, in or near the front yard area, and is not therefore subject to and is not therefore subject to that four foot height
that four foot height requirement that is set forth requirement that is set forth in 18-554. Um, I think it's in 18-554. Um, I think it's important to note that the LDC important to note that the LDC specifically states a four foot specifically states a four foot height restriction in front
height restriction in front yards, not front setbacks or yards, not front setbacks or frontage setbacks. All side frontage setbacks. All side yards and rear yards have an yards and rear yards have an eight foot height restriction. eight foot height restriction.
Um, as the fence at issue here Um, as the fence at issue here is in the side yard, not to the is in the side yard, not to the front yard as it's shown on the front yard as it's shown on the survey. This fence can be six survey.
This fence can be six feet in height or up to eight feet in height or up to eight feet in height. As the LDC feet in height. As the LDC allows. Moving to the setback allows.
Moving to the setback requirement, it's clear from requirement, it's clear from the Sup that there is a ten the Sup that there is a ten foot setback from the property foot setback from the property line and that there is also a line and that there is also a ten foot utility easement ten foot utility easement around the property. However, around the property.
However, neither the Sup nor the site neither the Sup nor the site plan attached to the Sup shown plan attached to the Sup shown here indicate that nothing can here indicate that nothing can be placed in the setbacks. be placed in the setbacks. Instead, these setbacks are Instead, these setbacks are intended for hardened intended for hardened structures such as buildings. structures such as buildings.
Further, the development Further, the development standards for planned unit standards for planned unit developments, such as that developments, such as that which the property is located which the property is located in, require a 5 foot or 10 foot in, require a 5 foot or 10 foot setback when there is a non setback when there is a non municipal easement, as we have
municipal easement, as we have here. But the setbacks here. But the setbacks specifically exclude fences as specifically exclude fences as cited in 18433. Additionally, cited in 18433.
Additionally, no other portion of the LDC nor no other portion of the LDC nor the Sup state that a fence the Sup state that a fence cannot be located within these cannot be located within these setbacks. Instead, the setbacks setbacks. Instead, the setbacks are for hardened structures and are for hardened structures and therefore the fence can be in therefore the fence can be in the setback. the setback. In conclusion, we contend. In conclusion, we contend.
That the fence and subject That the fence and subject property are in no way in property are in no way in violation of the LDC and that violation of the LDC and that the violation should be removed the violation should be removed from the property. The from the property.
The appellants would also like to appellants would also like to note, for the record, that the note, for the record, that the initial Nov dated May 14th, initial Nov dated May 14th, does not cite issues with the does not cite issues with the setbacks relating to the Sup. setbacks relating to the Sup.
So accordingly, those issues So accordingly, those issues were not properly noticed. And were not properly noticed. And lastly, I'd just like to submit lastly, I'd just like to submit my presentation for the record. my presentation for the record. At this time, I'll accept any At this time, I'll accept any questions you may have.
questions you may have. Thank you. Any questions for Thank you. Any questions for the applicant? the applicant? Could we go back to the. Screen Could we go back to the.
Screen that showed the the the map of that showed the the the map of the property with sea lavender? the property with sea lavender? Uh, yes. Maybe that one is Uh, yes. Maybe that one is probably the. So, ma'am, if I probably the. So, ma'am, if I just for my own edification, just for my own edification, make sure I'm clear on this. So make sure I'm clear on this.
So sea lavender drive, uh, forms, sea lavender drive, uh, forms, uh, curves around this uh, curves around this property, right? It's correct. property, right? It's correct. It's the same street. Correct. It's the same street. Correct.
So if that's the case, and if I So if that's the case, and if I understand you correctly, um, understand you correctly, um, in a sense, if I understand you in a sense, if I understand you correctly, ma'am, you were correctly, ma'am, you were saying the front of the saying the front of the property is that portion on Sea property is that portion on Sea Lavender Drive that in this in
Lavender Drive that in this in this representation would be this representation would be sort of to the right, if I can sort of to the right, if I can put it that way, sort of the put it that way, sort of the lower. lower. Correct. Right. Correct. Right.
Uh, on the right hand side of Uh, on the right hand side of that sort of bulge. But. that sort of bulge. But. Mr. Norman, something's wrong Mr. Norman, something's wrong with your mic. Can you make with your mic. Can you make sure that it's near you? sure that it's near you? Oh, yeah.
I'm having to look at Oh, yeah. I'm having to look at the screen because my screen is the screen because my screen is not functional today. Sorry. not functional today. Sorry. I'll drag it over. So so fine. I'll drag it over. So so fine. So we've got sea lavender drive So we've got sea lavender drive that makes this sort of curve.
that makes this sort of curve. Um, you're saying, ma'am, that Um, you're saying, ma'am, that the front of the house is the front of the house is basically where we see the basically where we see the concrete drive, which I presume concrete drive, which I presume means the driveway of the
means the driveway of the house. Correct. And but the C11 house. Correct. And but the C11 two drive continues to sort of two drive continues to sort of curve, if you will, up into the curve, if you will, up into the left.
Um, so, so why should left. Um, so, so why should that portion of sea level sea that portion of sea level sea lavender drive not cause that lavender drive not cause that side, if you will, of the side, if you will, of the property to also be considered property to also be considered part of the front of the
part of the front of the property as opposed to the property as opposed to the side, which I think you're side, which I think you're arguing that. arguing that. Yes. Um, that goes back to the Yes. Um, that goes back to the and I'm not sure which one and I'm not sure which one this. this. Is.
Is. Um, the, the requirements for a Um, the, the requirements for a corner lot. Um, as the city corner lot. Um, as the city stated that this is considered stated that this is considered a corner lot because it is on a a corner lot because it is on a continuous street, which I
continuous street, which I understand is very hard to understand is very hard to describe what location you're describe what location you're talking about. Yes. Um, but talking about. Yes.
Um, but it's less than 135 degrees, so it's less than 135 degrees, so we consider that a corner lot we consider that a corner lot under the LDC. Um, as stated in under the LDC. Um, as stated in section 18, 663 residentially section 18, 663 residentially zoned double frontage lots zoned double frontage lots shall not be required to shall not be required to maintain a front setback except
maintain a front setback except along the primary street. Um, along the primary street. Um, it is our contention that that it is our contention that that would include we only have to would include we only have to count one front yard. Um, with count one front yard.
Um, with the setbacks, with the height the setbacks, with the height requirement, um, and therefore requirement, um, and therefore we only count that portion of we only count that portion of Sea lavender drive that the Sea lavender drive that the house is facing with the house is facing with the concrete drive extending out concrete drive extending out onto the street as the front
onto the street as the front yard portion of the property. yard portion of the property. I confess I'm being a little I confess I'm being a little slow. Perhaps my colleagues, slow.
Perhaps my colleagues, I'm still not entirely sure why I'm still not entirely sure why then that's still not why white then that's still not why white ends. Why the front of the ends. Why the front of the house in your contention ends house in your contention ends approximately where we we come approximately where we we come back up towards that, shall we back up towards that, shall we say, left, left handed, uh,
say, left, left handed, uh, continuation of C11 to drive, continuation of C11 to drive, ma'am. I'm sorry, I'm not quite ma'am. I'm sorry, I'm not quite sure I understood the argument sure I understood the argument there. there. What you're saying it's not two What you're saying it's not two streets.
It's just one streets. It's just one continuous street. continuous street. Correct. And it could be Correct. And it could be because it's got the same name because it's got the same name or. But physically, it appears or. But physically, it appears to be the continuation of the to be the continuation of the same street.
So I guess I'm same street. So I guess I'm sorry I'm slow here. Uh, you're sorry I'm slow here. Uh, you're saying the front component of saying the front component of the property sort of ends the property sort of ends somewhere approximately before somewhere approximately before then the fence begins, which
then the fence begins, which was shown in red on that. On was shown in red on that. On that. But I'm not sure I that. But I'm not sure I understand quite why in your in understand quite why in your in your logic why that would be.
your logic why that would be. Forgive me. I'm why it ends Forgive me. I'm why it ends here as opposed to the front in here as opposed to the front in effect, being sort of that effect, being sort of that whole curve, that whole rounded whole curve, that whole rounded portion of the property. Man.
portion of the property. Man. Yeah. And in, in our view of Yeah. And in, in our view of the property, we look at the the property, we look at the property as having four sides, property as having four sides, not two straight sides and a not two straight sides and a rounded side.
Um, as with a, rounded side. Um, as with a, with a corner lot. So we are with a corner lot. So we are looking at that front, side, looking at that front, side, side and back. side and back. I see. Okay. That helps. Thank I see. Okay. That helps. Thank you ma'am. Thank you.
you ma'am. Thank you. Can we go back to. Can we go back to. The. layout that shows. The. layout that shows. The. The. Um yeah, this one here. Um yeah, this one here. Um, I. Um, I. Kind of see your argument where Kind of see your argument where you're coming from.
However, you're coming from. However, this surveyed, uh, design here this surveyed, uh, design here with the site plan clearly with the site plan clearly shows the setbacks. Um, from shows the setbacks. Um, from the street. So I'm not sure I'm the street.
So I'm not sure I'm seeing that that argument that seeing that that argument that is not considered part of the is not considered part of the front yard when the setbacks front yard when the setbacks are shown right here. are shown right here. Um. Um. Yes. We're not contending that Yes.
We're not contending that this, pursuant to the special this, pursuant to the special use permit, the entire area use permit, the entire area that is along Sea Lavender that is along Sea Lavender Drive for this particular Drive for this particular property is subject to those property is subject to those ten foot setbacks, um, which ten foot setbacks, um, which are typical under the LDC for
are typical under the LDC for frontage setbacks. Um, our frontage setbacks. Um, our contention is that even though contention is that even though the property is subject to the property is subject to those frontage setbacks along those frontage setbacks along the entirety of Sea Lavender the entirety of Sea Lavender Drive, that does not make that
Drive, that does not make that entirety stretch up along Sea entirety stretch up along Sea Lavender Drive the front yard. Lavender Drive the front yard. Um, even though it has the Um, even though it has the requirement to be behind those requirement to be behind those protected setbacks. protected setbacks.
So the you're making a So the you're making a distinction between, uh, distinction between, uh, frontage and front yard, front frontage and front yard, front yard becoming a really yard becoming a really important point here is what important point here is what sounds like and so in a case sounds like and so in a case like this, it seems like
like this, it seems like judgment would be required to judgment would be required to determine which side of the determine which side of the house is the front. So. That's house is the front. So.
That's seems a bit arbitrary to me in seems a bit arbitrary to me in some ways, because you could some ways, because you could decide to say that the, um, the decide to say that the, um, the other part of the house that, other part of the house that, uh, is on Sea Lavender Drive uh, is on Sea Lavender Drive could be considered the front could be considered the front and where the driveway is,
and where the driveway is, could could be considered the could could be considered the side. Um, so everything hinges side. Um, so everything hinges on the definition of front on the definition of front yard. Is that right? And and yard.
Is that right? And and where and where the homeowner where and where the homeowner decides to determine that front decides to determine that front yard is. Is that correct? yard is. Is that correct? Yes. I think it goes back to Yes. I think it goes back to that section. Um, 8663 of that section.
Um, 8663 of having a frontage requirements having a frontage requirements on the primary street. Yeah. on the primary street. Yeah. Our contention is that the Our contention is that the primary street is where the primary street is where the driveway and the front entrance driveway and the front entrance to the house is located. to the house is located. Okay.
And how do you address Okay. And how do you address the issues? I believe if I the issues? I believe if I understand the ordinance right, understand the ordinance right, the reason the rules are what the reason the rules are what they are is partially to make they are is partially to make sure that, uh, pedestrians and
sure that, uh, pedestrians and car traffic can see around the car traffic can see around the corner enough to avoid corner enough to avoid accidents. Uh, there was a accidents.
Uh, there was a picture in the previous set of picture in the previous set of slides that showed if you were slides that showed if you were coming from Sea Lavender Drive coming from Sea Lavender Drive from, uh, one Direction, it from, uh, one Direction, it seems like your visibility seems like your visibility would be obstructed by the would be obstructed by the house, by the fence, since house, by the fence, since it's, um, eight feet high and
it's, um, eight feet high and you wouldn't be able to see you wouldn't be able to see adequately to the other side of adequately to the other side of sea lavender drive. How do you sea lavender drive.
How do you respond to that? respond to that? Um, the visibility requirements Um, the visibility requirements and sightline requirements were and sightline requirements were not cited in the original not cited in the original notice of violation. So it's notice of violation. So it's our understanding that that is our understanding that that is not at issue here today. So we not at issue here today.
So we were not prepared to speak on were not prepared to speak on that point. that point. Okay. Thank you. Okay. Thank you. Anything further for the Anything further for the applicant? Okay. Thank you. applicant? Okay. Thank you. We'll now move to the We'll now move to the evidentiary hearing. Uh, if evidentiary hearing.
Uh, if anyone has, uh, competent anyone has, uh, competent material and substantive material and substantive evidence relevant to this evidence relevant to this matter, please come forward. matter, please come forward. Please come forward. If you can Please come forward. If you can state your name and address for state your name and address for the record. the record.
Uh, my name is Ashley Fritz, Uh, my name is Ashley Fritz, ma'am. ma'am. Yep. Thank you. I did. Thanks, Yep. Thank you. I did. Thanks, Warren. Warren. Earlier. Um, my. Earlier. Um, my. Name is Ashley Fritz. I am a Name is Ashley Fritz.
I am a resident in this community at resident in this community at 1163 Sea Lavender in, um, 1163 Sea Lavender in, um, Wilmington, North Carolina. Wilmington, North Carolina. And, um, I actually live in And, um, I actually live in this little pod. We call it our this little pod. We call it our island homes. Um, because it is island homes.
Um, because it is a basically a circle that the a basically a circle that the street continues around. And street continues around. And it's really difficult to it's really difficult to explain unless you see it in explain unless you see it in person. But, um, to Mister person.
But, um, to Mister Thompson's point earlier about Thompson's point earlier about this being a judgment call, it this being a judgment call, it is very obvious where the front is very obvious where the front of the house is and where the of the house is and where the back and the side yard are. Um, back and the side yard are.
Um, if you're standing in front of if you're standing in front of the house, the visibility in the house, the visibility in question is not a factor at question is not a factor at all. Not only is there not a all.
Not only is there not a stop sign anywhere on that, um, stop sign anywhere on that, um, continuation of the Street of continuation of the Street of Sea Lavender, but there is a a Sea Lavender, but there is a a very sizable visible, um, very sizable visible, um, ability, I guess, to, uh, see ability, I guess, to, uh, see around that corner as well as around that corner as well as where there is a stop sign on
where there is a stop sign on the other side. Um, you can see the other side. Um, you can see clearly that if there's a car, clearly that if there's a car, if there's a pedestrian, if there's a pedestrian, there's not only sidewalks, there's not only sidewalks, there's a crosswalk.
And the there's a crosswalk. And the other side that it's absolutely other side that it's absolutely visible. And this is, as visible. And this is, as someone who has small children someone who has small children in this community that, you in this community that, you know, people speeding or doing know, people speeding or doing things like that is absolutely
things like that is absolutely first and foremost. Um, so for first and foremost. Um, so for a community member to say that a community member to say that this is not a visibility issue, this is not a visibility issue, uh, a two foot, a two foot uh, a two foot, a two foot discrepancy is not going to
discrepancy is not going to impact the efficacy of this impact the efficacy of this ordinance. And any safety ordinance. And any safety requirements that the city has requirements that the city has in mind for this. Um, I would in mind for this.
Um, I would also like to state that, um, also like to state that, um, the developer in this case, as the developer in this case, as with many of our homeowners with many of our homeowners here, um, was not, um, not here, um, was not, um, not foregoing with, uh, the foregoing with, uh, the information of where these
information of where these homes would be placed. So homes would be placed. So property lines, sight lines, property lines, sight lines, fence lines, things like that fence lines, things like that were not considered in a were not considered in a homeowner's, um, I guess, homeowner's, um, I guess, situation to, um, in short,
situation to, um, in short, they weren't aware that all of they weren't aware that all of these houses were going to be these houses were going to be built around them. They did built around them.
They did have their property lines, of have their property lines, of course, but actually two of the course, but actually two of the houses encroach on their houses encroach on their property line. So the way this property line.
So the way this fence is configured is not only fence is configured is not only effective for their their way effective for their their way of life and their their quality of life and their their quality of life to enjoy the house that of life to enjoy the house that they've purchased, but also, they've purchased, but also, um, they've already been um, they've already been impacted on several other impacted on several other aspects of this property by the
aspects of this property by the developer in itself. So the developer in itself. So the fact that this fence is in fact that this fence is in question for a two foot question for a two foot ordinance, um, sightline, ordinance, um, sightline, that's not even impactful for that's not even impactful for our community as a safety
our community as a safety measure, um, is a little bit measure, um, is a little bit mind boggling, but also, um, as mind boggling, but also, um, as you see, you know, that one you see, you know, that one picture with a flag in it is picture with a flag in it is actually taken from the house
actually taken from the house directly behind them. Um, that directly behind them. Um, that butts up and encroaches on butts up and encroaches on their actual property line. So their actual property line.
So where that fence is, is where that fence is, is actually, well within their actually, well within their actually the house that you're actually the house that you're looking at with the, the flag, looking at with the, the flag, their driveway actually is in their driveway actually is in their, their yard. So it's, their, their yard.
So it's, it's been in, you know, the it's been in, you know, the technical definitions of where technical definitions of where the lot lines and the, the the lot lines and the, the variances and everything have variances and everything have been, you know, pushed here. been, you know, pushed here.
But in actuality, the developer But in actuality, the developer didn't consider any of these didn't consider any of these things and how these people are things and how these people are going to be living in these going to be living in these homes when he constructed them. homes when he constructed them.
So the fact that these are a So the fact that these are a determining factor in us and determining factor in us and our quality of life, and making our quality of life, and making sure that we can enjoy our very sure that we can enjoy our very small backyards, um, to the small backyards, um, to the most without having, you know, most without having, you know, people looking into our, our people looking into our, our dining rooms or our living
dining rooms or our living rooms, um, as well as rooms, um, as well as protection for our children is protection for our children is a little bit concerning. Um, I a little bit concerning.
Um, I don't know how to end this don't know how to end this because I don't do this because I don't do this professionally, but, um, I'm professionally, but, um, I'm open for questions if you have open for questions if you have any. any. But thank you. Any questions? But thank you. Any questions? Okay. Okay. Thank you, thank you. Thank you, thank you.
Oh, can that be put on the Oh, can that be put on the record? record? It has to be on the record. It has to be on the record. Okay. Thank you. Okay. Thank you. Anyone else for the evidentiary Anyone else for the evidentiary hearing? Seeing no one will hearing? Seeing no one will close the evidentiary hearing.
close the evidentiary hearing. Uh, anything further from the Uh, anything further from the city? city? Um, just to clarify a couple of Um, just to clarify a couple of things. The the front yard is things.
The the front yard is the area between or any yard is the area between or any yard is the area between the property the area between the property line and the required setback. line and the required setback.
Um, the SGP in this case Um, the SGP in this case establishes a ten foot setback establishes a ten foot setback around all, uh, along all around all, uh, along all property frontages throughout property frontages throughout the subdivision, as shown on the subdivision, as shown on the site plan that we the site plan that we presented, as well as the plot presented, as well as the plot plan that was presented when plan that was presented when this house was constructed.
this house was constructed. Thank you. Thank you. Can I ask. Can I ask. A question? Yes. A question? Yes. So a question in response to So a question in response to what you just said. I just what you just said. I just think we need to really think we need to really understand this.
Does the Sup understand this. Does the Sup supersede the front yard supersede the front yard definition issue? definition issue? It does, it does not. Um, if It does, it does not.
Um, if this was a standard seven lot, this was a standard seven lot, the front yard would be 30ft the front yard would be 30ft and the side streets on the and the side streets on the side street setback or side side street setback or side yard would be 12.5. The SGP yard would be 12.5.
The SGP reduced both of those to ten reduced both of those to ten feet, as shown on that approved feet, as shown on that approved plan. plan. Not sure how to ask the Not sure how to ask the question differently, but I'm question differently, but I'm trying to determine if the. If trying to determine if the. If the ten foot setback matters. the ten foot setback matters.
If it's not considered the If it's not considered the front yard. front yard. The entire frontage is The entire frontage is considered a front yard. considered a front yard. However, there is a However, there is a stipulation. Dakota defines stipulation.
Dakota defines what a corner lot is, and what a corner lot is, and that's how you would determine that's how you would determine what setback would apply. So what setback would apply. So again, a standard R7 setback. again, a standard R7 setback. If it was this the same If it was this the same configuration, the front configuration, the front setback. The code defines the setback.
The code defines the front yard is anything between front yard is anything between the side lot lines that are the side lot lines that are along the street to establish along the street to establish what the setbacks would be on what the setbacks would be on on this lot because of the on this lot because of the angle, the code defines what a
angle, the code defines what a corner lot is based on the corner lot is based on the angle, which is the 135 angle, which is the 135 degrees, which we showed our degrees, which we showed our presentation. I believe the presentation.
I believe the applicant showed of theirs as applicant showed of theirs as well. Um, and that would well. Um, and that would establish what the front yard establish what the front yard setback would be. And the side setback would be.
And the side street setback would be, um, street setback would be, um, the SGP or does override those the SGP or does override those two things. So the ten foot two things. So the ten foot setback is what is established setback is what is established by the SGP. The city Council by the SGP. The city Council approved for this. approved for this. Okay. Thank you. Okay. Thank you.
So the Sup reduced the required So the Sup reduced the required setbacks? setbacks? Yes. Along the entire frontage? Yes. Along the entire frontage? Yes. Okay. Yes. Okay. For the for the original For the for the original numbers as to how far into the numbers as to how far into the setback this is, it's 2.5ft, setback this is, it's 2.5ft, right.
right. I believe it's, uh, 4.75 into I believe it's, uh, 4.75 into the setback. It's 5.25 from the the setback. It's 5.25 from the property line. property line. Yeah. Go back to that slide. Oh Yeah. Go back to that slide. Oh keep going, keep going.
The one keep going, keep going. The one that has the three bullets on that has the three bullets on it that we were talking about it that we were talking about before that one. That one right before that one. That one right there. there. Yes. Yes.
So what we established before So what we established before was that we'd be in compliance. was that we'd be in compliance. In the city. Or do you want to In the city. Or do you want to go into deliberation? go into deliberation? I'd be asking the same. I'd be I'd be asking the same.
I'd be saying the same thing I said saying the same thing I said before. So I'll wait until before. So I'll wait until deliberation. Okay. deliberation. Okay. Wait. Wait. Uh, yes. Thank you. Chair, a Uh, yes. Thank you. Chair, a question for the city. And question for the city. And forgive me.
Um, I noticed that forgive me. Um, I noticed that it says here, uh, on both it says here, uh, on both frontages. Um, but we're frontages. Um, but we're talking about a curved street, talking about a curved street, and maybe my my mind is too and maybe my my mind is too primitive, but when I hear the
primitive, but when I hear the term both frontages, I think of term both frontages, I think of things that are fairly straight things that are fairly straight and at angles that form sort of and at angles that form sort of straight lines. Does the shape, straight lines.
Does the shape, then the curvature versus, uh, then the curvature versus, uh, a corner, if you will make any a corner, if you will make any difference to the Sup or to any difference to the Sup or to any of this in your in your view. of this in your in your view. It does not. Yes.
Establishes a It does not. Yes. Establishes a ten foot setback along the ten foot setback along the entire frontage. entire frontage. Okay. Thank you. Okay. Thank you. Okay. Anything further? Okay. Okay. Anything further? Okay. We'll close the evidentiary We'll close the evidentiary hearing and go into hearing and go into deliberations.
Uh, I did drive deliberations. Uh, I did drive out there, and there are a lot out there, and there are a lot of children playing. Um, and of children playing.
Um, and there is one of the site, uh, there is one of the site, uh, photos that was brought up to photos that was brought up to show the four views, uh, going show the four views, uh, going around the corner is a little around the corner is a little bit obstructed. And, you know, bit obstructed. And, you know, I mean, I just the city has I mean, I just the city has three remedies.
Reduce the three remedies. Reduce the height of the fence in the height of the fence in the front yard to a maximum of four front yard to a maximum of four feet, relocate the six foot feet, relocate the six foot portion of the fence so it portion of the fence so it meets the required setback, or
meets the required setback, or remove the fence. I mean, I remove the fence. I mean, I think, you know, in my mind, I think, you know, in my mind, I think the city's determination think the city's determination is accurate. Because the entire is accurate.
Because the entire property is on sea lavender and property is on sea lavender and the Sup did reduce the required the Sup did reduce the required setbacks. From what standard setbacks. From what standard for the district. for the district. I agree with that. I think I agree with that. I think that's accurate. And I think that's accurate.
And I think those remedies are, you know, those remedies are, you know, what's available. And, um. And what's available. And, um. And the sup, you know, makes is the sup, you know, makes is there for a reason. And so I there for a reason. And so I agree. agree.
Members of the board and this Members of the board and this is I just want to make sure I is I just want to make sure I understand it. So, um, when we understand it.
So, um, when we talk about the three remedies, talk about the three remedies, we're talking about any we're talking about any fencing, if I'm not mistaken, fencing, if I'm not mistaken, and I, perhaps you could pull and I, perhaps you could pull up the screen. up the screen. Well, the three remedies are in Well, the three remedies are in the notice of violation. the notice of violation. That was right. That was right. Right.
But I'm just making, um, Right. But I'm just making, um, in terms of the, the portion of in terms of the, the portion of fencing that the remedy would fencing that the remedy would have to be applied to, we're have to be applied to, we're talking, I think, and maybe talking, I think, and maybe change the slide a little bit.
change the slide a little bit. I just want to make sure I've I just want to make sure I've understood. understood. The portion of the fencing The portion of the fencing would be from that ten foot would be from that ten foot setback that stretches all the setback that stretches all the way around.
See lavender right way around. See lavender right there. Right. But it would have there. Right. But it would have to reduce down to four feet. to reduce down to four feet.
But the the other two, uh, But the the other two, uh, where it makes more of the where it makes more of the other right angle, they could other right angle, they could remain. remain. In the back and side yards. In the back and side yards. Yeah. Those could remain. Yeah. Those could remain. They could remain. They could remain. They would remain. Okay. Thank They would remain. Okay. Thank you sir. Thank you for you sir. Thank you for clarifying.
clarifying. Yeah I mean I, I would tend to Yeah I mean I, I would tend to agree as well. Um, you know, agree as well. Um, you know, this is a continuation of a this is a continuation of a single street with a single single street with a single front setback, um, that goes
front setback, um, that goes all the way around that curve all the way around that curve right there. And, you know, I right there.
And, you know, I don't want to be the guy that don't want to be the guy that says you have to take the whole says you have to take the whole fence down. Um, I don't want to fence down. Um, I don't want to do that to you. All. I know do that to you. All. I know you've put some. You've you've put some.
You've obviously cared enough to make obviously cared enough to make a good looking fence there and, a good looking fence there and, you know, to protect your home, you know, to protect your home, and and I'm assuming your and and I'm assuming your children, um, or pets or children, um, or pets or animal, whatever it is. Um, but animal, whatever it is.
Um, but I think reducing it down to I think reducing it down to four feet within that ten foot four feet within that ten foot setback, I think is a pretty setback, I think is a pretty fair assessment. So I would fair assessment. So I would make a recommendation to uphold make a recommendation to uphold the city violation.
the city violation. We have a motion to uphold the We have a motion to uphold the city's decision. Do we have a city's decision. Do we have a second? second? I'll second. I'll second. All in favor? Aye. All in favor? Aye. Aye. Aye. A unanimous the city's position A unanimous the city's position is upheld.
is upheld. Thank you. Thank you. Come on. I'm relinquishing Come on. I'm relinquishing control. control. All right. Thank you. Um, is All right. Thank you. Um, is there any other business from there any other business from the city today? the city today? Nothing further from staff. Nothing further from staff. Thank you.
Anyone else? All Thank you. Anyone else? All right. I'm. right. I'm. I just have a quick. I just have a quick. Question. Question. Um, why would something like Um, why would something like this not be eligible to go in this not be eligible to go in for a variance? And I feel like
for a variance? And I feel like the situation, the situation, circumstantially, in my mind, circumstantially, in my mind, is different. You can answer is different. You can answer the four findings of fact the four findings of fact versus just, you know, versus just, you know, objectively saying, well, this objectively saying, well, this position is probably correct.
position is probably correct. Yes, sir. They were presented Yes, sir. They were presented with both options and they with both options and they chose to appeal the notice. chose to appeal the notice. Uh, I had the same thought. So Uh, I had the same thought.
So why are we not looking at a why are we not looking at a variance here? But it was the variance here? But it was the city's decision. And, you know, city's decision. And, you know, the city's decision based on the city's decision based on the facts. It was accurate. the facts. It was accurate. Yeah. Yeah.
The applicant elected to appeal The applicant elected to appeal as opposed to pursuit of as opposed to pursuit of variance, you know. Yes. They variance, you know. Yes. They put the fence up. put the fence up. So yeah. So yeah. Yeah. Yeah. Yeah, yeah. All right, all Yeah, yeah. All right, all right. Yeah.
Well, it's very right. Yeah. Well, it's very possible this is my last possible this is my last meeting. So, um, my term ended meeting. So, um, my term ended and I want to thank the city and I want to thank the city for letting me serve. for letting me serve.
I want to thank you for I want to thank you for serving. Yeah. serving. Yeah. And, um. And, um. We should have cake, shouldn't We should have cake, shouldn't we have cake? we have cake? No. No cake. You'll just No. No cake. You'll just probably see me coming with probably see me coming with cases that. No, no.
Just cases that. No, no. Just kidding. Anyway, I did want to kidding. Anyway, I did want to thank you, but, um, if there's thank you, but, um, if there's nothing else we can adjourn. nothing else we can adjourn. All right. Thank you. Thank you.