[0:02] Um [0:04] I guess the first thing on it is item [0:05] one. Do I have a motion to approve the [0:08] minutes from March 2nd? [0:11] >> Can I make the roll call first? [0:13] >> Oh. [0:14] >> Yes, I thought so. [0:17] » Do we do roll call first? [0:22] » These things here. [0:23] >> Oh, I'm sorry. [0:28] » You can do roll call or you can do the [0:30] invocation, however you want to do it. [0:32] >> Let's do roll call. [0:33] >> Okay. [0:36] Mark Co9. [0:37] >> Here. [0:38] >> Kenneth Floyd. [0:39] >> Here. [0:40] >> Kerry Sharp. [0:41] >> Here. [0:42] >> Buddy Carpenter. [0:44] Jeff Schwaller. [0:50] » Now item one. [0:52] >> No, now the invocation and the flag [0:54] salute. [0:54] >> Oh, okay. Who's doing that? [0:55] >> So, who's doing our invocation today? [1:00] Anyone can. [1:01] >> Okay. [1:02] >> Sure. [1:05] Let's go ahead and stand and do our flag [1:07] salute and our invocation. [1:12] Attention. Salute. Pledge. [1:15] >> I pledge allegiance to the flag of the [1:17] United States of America [1:19] and to the republic for which it stands, [1:22] one nation under God, indivisible with [1:25] liberty and justice for all. [1:32] » Prepare yourself in the manner in which [1:33] you are accustomed. [1:37] We just come to you today, Lord, to ask [1:39] you to [1:40] >> turn your machines up a little bit? [1:42] Some of us are old. [1:44] >> How about I pull it Does this work? I [1:46] pulled it a little closer. [1:48] >> Well, yeah. [1:49] >> Okay. [1:51] We just come to you today, Lord, and we [1:53] ask that you please bring us a [1:55] sense of peace [1:56] and of unity as we [1:59] go through this Board of Adjustments [2:01] meeting and as we do what we feel is [2:03] best for the community. [2:06] May you would uh [2:08] continue to give peace as we leave here [2:10] tonight. In your name I pray. Amen. [2:12] >> Amen. [2:18] Okay, so [2:19] do I have a motion to approve the [2:20] minutes from March 2nd, the regular [2:23] meeting? [2:23] >> So moved. [2:24] >> Second. [2:27] >> I call the question. [2:27] >> Second. [2:31] » Co9. [2:34] » Is there any discussion or [2:38] No. [2:38] >> Okay. [2:39] >> Oh, okay. I'm sorry. [2:40] >> You're good. You're good. [2:41] >> Co9. [2:44] » [snorts] [2:44] >> Yay. [2:46] >> Floyd. [2:46] >> Yes. [2:47] >> Sharp. [2:47] >> Yes. [2:51] » Item two um is visitors. If anybody has [2:55] uh anything to get up and talk about. [3:01] No discussion? [3:03] >> I can't hear a word you're saying. [3:07] » We're in the visitor's section. I was [3:08] just wondering if there's anybody wanted [3:10] to get up and say anything for the [3:11] visitors. [3:13] No discussions? [3:16] >> Uh discuss the part [3:17] >> Just visitor discussions. [3:20] >> Oh. [3:20] >> If you want to get up and talk about [3:22] whatever. [3:22] >> It would be for non-agenda item for the [3:24] visitor section. [3:28] » [cough and clears throat] [3:29] >> Item number three is [3:31] Board of Adjustments 2026-03 [3:34] to hear the request from Rhonda Smith [3:36] for a variance from standards in the [3:39] Unified Development Code for an [3:41] accessory structure size [3:45] at 204 Ash Avenue. [3:48] >> Yes, sir. [3:53] Mrs. Smith? [3:54] >> Yes. is Horn Howery. Um [3:56] I don't know what I was going [3:57] >> Name and address, please. [3:58] >> My name is Rhonda Smith. I reside at [4:01] 4415 [4:03] Amethyst Circle, Yukon, Oklahoma. [4:08] Do I just start talking? [4:09] >> Go ahead. Yeah, go ahead. [4:10] >> Um [4:11] I would like to apologize for not [4:13] going about this in a different manner. [4:16] [snorts] [4:16] I should have received a permit first. [4:19] It was [4:20] odd circumstances. I went to pick out [4:22] the shed. I talked about the what I [4:25] needed it for. The guy says, "This is a [4:27] better size." I tried to look at the [4:29] ordinances online. I misread. I [4:31] misunderstood completely a percentage. [4:35] Part of that was because the where the [4:37] lot is, the front half belongs to the [4:41] city easement. So, there was a little [4:43] bit of discrepancy in in my square [4:45] footage calculation. Moving forward, I [4:49] thought it was going to take X amount of [4:50] weeks to complete the shed. We have a [4:52] snowstorm. [4:54] I'm going out of town. They call me and [4:56] say, "Hey, we have your shed to be [4:57] delivered." I'm like, "Oh my goodness." [4:58] So, I hurry and I I take care of it, but [5:01] it's a snowstorm and the city offices [5:03] are closed. So, I don't get the permit [5:04] before the shed was placed in the yard. [5:07] I then come home with a terrible case of [5:09] the flu. In the meantime, we have a stop [5:11] work sign already up. So, I didn't do [5:14] anything for a long time until we got [5:16] the fence and everything situated. So, [5:19] why we bought the shed. [5:21] My older daughter owns the house. She's [5:22] upgraded and lives elsewhere in Yukon. [5:25] My younger daughter, Avery, [5:27] is 24. She is hearing impaired. She [5:30] wears cochlear implants. [5:32] She has a service dog named Goldie, [5:34] who's a golden retriever. She weighs 70 [5:37] lb. Avery barely weighs 90. [5:39] And that little house, this is the first [5:41] time she's tried to live on her own. So, [5:42] she's living in her sister's rent house. [5:45] Um there's no garage. [5:47] Starting her car in the winter time, [5:48] letting it run outside, it's a little [5:50] awkward when you can't hear what's going [5:51] on. She couldn't hear her alarms if it [5:53] went off, you know. Just some things, [5:55] safe safety reasons. Um, square footage [5:58] for a garage. She inherited her [6:00] brother's Jeep when he passed away a [6:02] couple years back. So, she has a Jeep [6:05] that she would like to store and she has [6:07] a cute little vehicle that she drives [6:09] daily. So, to put two vehicles end to [6:11] end and have some space for a dog wash [6:14] bay and some lawn mower equipment, you [6:17] know. That's all we're asking for. I was [6:20] wrong in the square footage and I really [6:22] apologize. However, I can't go to the [6:25] standard 24 by 24 double car garage [6:28] because of where the gas easement is. [6:30] I've with all my boundaries from the [6:32] fence line, from the property line. I [6:34] mean, I've I I really tried to do [6:36] everything correctly. [6:38] And we haven't been back inside the shed [6:40] since this the orange notices have been [6:41] put on it. But, if it is approved, the [6:44] first thing I would need to do would be to get a gravel approach put on [6:47] the back side and a garage door. But, [6:50] everything would be contained inside the [6:53] fence. If anything, it betters our [6:55] property value and I believe these [6:56] gentlemen have rental property nearby. [6:59] And I just want to everybody to [7:01] understand it's not going to be a rental [7:03] property or a residence. It won't [7:05] generate any income. No business, just [7:08] simply safety and car storage for this [7:12] little bitty house that the closets are [7:13] 2 ft. So, she turned the second bedroom [7:16] into a closet. But, now she's got [7:17] holiday stuff and she's got a dog kennel [7:20] and a barbecue grill, you know. Things [7:23] that I thought I was just trying to help [7:26] her by get a garage. I don't know. I [7:28] just need you guys to [7:31] understand where I'm coming from and I [7:34] didn't mean to create a hardship for [7:35] anybody, but I tried every possible way [7:38] after the notice to I called I [7:41] transportation company's not a [7:43] I don't have anywhere to move it to. [7:45] I've called multiple storage units that [7:47] tell me it has to be on wheels. My next [7:50] option would be to have to build out a [7:52] flatbed trailer and have it lifted up [7:54] and put on wheels just to store it [7:56] somewhere until I can get it sold. [7:58] Um [8:00] I I don't know what else I need to say. [8:02] I just it it's not rental, it's not [8:04] income generating, no one's going to [8:06] live in it. She just needs to store a [8:08] couple of small vehicles and some yard [8:10] equipment and later down the line have a [8:13] dog wash bay and [8:15] you know, an extension of an outdoor [8:17] patio maybe if we could put a set of [8:18] garage doors on the opposite end. But [8:21] right now she just needs a place to park [8:22] her car and we need to have her [8:24] lawnmower over there. I can't put a [8:26] lawnmower in it until I get an approach [8:28] put there. So, [8:30] you know, my son-in-law has been coming [8:31] back and forth trying to keep it mowed [8:32] for me and he's over there mowing it [8:34] today, but it's you know, we're going to [8:36] paint the outside of the house to match [8:38] the shed. I don't think it [8:40] looks bad. I sent I gave pictures [8:43] to everybody. Do you all have any [8:44] questions for me? [8:46] >> So, I do have a question. I went by [8:48] there a couple days ago and then today [8:51] and I noticed the picture that you sent [8:53] in has a garage door in the back and [8:55] obviously does not have one now. [8:57] >> not at all. Not at all. It's just [8:59] [clears throat] a shed, but I have [9:00] prices for a garage door and I would [9:01] have to have a permit for that and and [9:03] all of that stuff I understand, but no, [9:05] it is simply just the hole that got set [9:07] there and I was sick with the flu and [9:09] then you guys put the stop notice signs [9:11] on. So, nothing else has been done. [9:13] >> I actually have pictures of the current [9:15] where it currently sits from today. So, [9:18] if I'm going to go ahead and pass those [9:19] out. [9:19] >> And then I I I think I included a [9:21] picture of if it's improved, this is [9:23] what it would look like. [9:24] >> Rendering rendering [9:25] >> with the garage door and a small gravel [9:26] approach. You know, there's some other [9:28] locations that back up to the alley that [9:31] the garages aren't necessarily fenced in [9:33] and they cars parked in yards. I mean, [9:35] I'm just trying to do what looks good [9:37] and is safe. [9:39] >> If anybody in the audience would like a [9:42] photos of what was taken this morning. [9:45] >> Driving by today, I did notice that it [9:47] does have an air conditioner on the back [9:48] where the garage door was. [9:50] >> just electrician just have to take that [9:51] off and I would ultimately speaking the [9:54] garage door itself is about $1,800 plus [9:57] installation from a reputable company in [9:58] town, but it would need I would like for [10:01] it to be electric open. So, I'll have to [10:05] get some electric done to it, but at [10:07] that time they would just move that [10:08] little [10:09] thing. I don't even know if it's [10:10] necessary to keep it. [10:12] >> Right. Right. Okay. [10:13] >> The heat and air unit? [10:14] >> Yeah, just little thing on it. [10:17] >> Yeah, it's right there on the back down [10:18] >> never been turned it's not hooked to [10:20] anything, you know, it's just there. [10:23] >> Um [10:24] just going through it and and uh looking [10:27] at it, it's the board must determine [10:30] if there are any extraordinary [10:31] conditions related to the property due [10:34] to size, shape, and [10:37] Is it [10:38] >> topography? [10:39] Sorry. [10:40] >> I did have a couple of questions first. [10:42] >> Okay. [10:43] >> So, when we're talking about a variance [10:45] when it's filed, is it required to be [10:46] filed by the property owner or somebody [10:49] with a vested interest can file it? [10:52] >> It says either or on the application. [10:54] >> Okay, and how do we determine vested [10:56] interest? [10:57] >> Typically, your property owners is are [10:59] the ones that are the applicants. Um in [11:01] the situation of a mother-daughter, a [11:03] lot of times the the daughter or the [11:05] mother will file [11:06] >> her and tell her to come out and look. [11:07] >> or [11:09] uh or we'll have like a um if it's not [11:11] the owner of the property, if it's a is [11:13] like a rental property, then we'll have [11:14] a note note a letter from the property [11:17] owner giving the applicant permission to move forward on that. [11:20] >> Okay, just making sure cuz formality is [11:23] legality in the end. [11:24] >> Yeah, I had asked Mr. Holcomb early on [11:26] and it's not a problem to include her. [11:28] She just She works all day at a hospital [11:29] and has two kids under three. [11:31] >> So, you've had [11:33] ownership of the residence, your [11:34] daughter has had ownership of the [11:36] residence since 2021, right? [11:38] >> Um has anything fundamentally changed [11:41] about the property itself, about [11:43] >> No, but when Aaron moved out, [11:46] uh she didn't have a dog and didn't have [11:48] hearing problem anymore. That was my [11:50] older daughter. [11:50] >> Sure. [11:51] >> There was a gentleman that did live [11:52] there [11:53] >> Mhm. [11:54] >> for a couple of years and we we just [11:56] kind of decided that it was time for [11:58] Avery to be on her own and [12:00] >> Sure. [12:00] >> He was a friend and we gave him notice [12:01] and we just tried to make some changes. [12:04] We did, you know, some tree work and [12:06] fence work and [12:08] stuff to try to upgrade it and make it [12:10] better for her. Did we did the inside. [12:12] >> Okay. [12:13] >> So, your daughter's the only one that [12:15] lives there? [12:15] >> Mhm. [12:16] >> I drove by and there was a lot of cars [12:18] out there. [12:18] >> Oh, she must have been partying. No, [12:20] that's next door. Um gentleman Brooklyn [12:22] that live next door and and they park a [12:25] lot of cars across the street in that [12:26] empty lot. I I believe they've already [12:28] been notified from somebody to move [12:30] them, but I'm just saying I don't we [12:32] don't run a car lot. We don't [12:36] She has she currently has an orange [12:38] vehicle and she has a Jeep that is in [12:41] the garage where I live that just needs [12:43] to eventually become her property. [12:45] >> Well, looking at the pictures that [12:47] you're up on [12:48] concrete blocks. How are you going to [12:50] use that as a garage? [12:51] >> It's it's not it's almost level on the [12:54] other end and they say it will hold the [12:56] weight. [12:58] I would get it peered. You know, have [13:00] the the piers drilled and have it [13:02] anchored down. [13:03] But they swear it would hold the weight. [13:06] And I I you know, I'm here's the thing. [13:08] I'm a single mom household [13:11] and if you gentlemen have any kind of [13:13] direction for me, I'd gladly take it. I [13:16] might be in over my head. [13:18] But I'm just going by what the shed [13:20] salesman told me is that it would act as [13:22] a garage and hold. [13:24] >> Right. I just at this point I just don't [13:26] see how it would be used as a garage [13:28] because it's about a foot off the [13:29] ground. [13:31] >> On this end, yes. [13:32] >> Yeah, where the garage would actually be [13:34] is what it's [13:35] >> No, on the north end on the south end by [13:37] the alley is where the garage door would [13:39] be. [13:40] >> Right, which it's [13:41] >> off the ground at all on that end. It [13:43] slopes up to about 13 in I think on that [13:47] north end. [13:49] >> Okay. [13:50] Well, it shows on there that the [13:52] um [13:54] you put it on that one side because the utilities going on that one side. [13:59] >> from the corner to the corner. And I [14:01] know that at Mr. Swift's house, the gas [14:03] line the the meter itself is on the [14:06] front side of the house. On this little [14:09] house, the meter is on the west side. [14:11] So, it comes straight up the back. [14:14] Right there to the back corner of the [14:16] house like it passes in the middle between [snorts] [14:20] the shed and the house. [14:21] >> So, the way it's setting, it's not um [14:24] I mean, as far as the the offset and [14:26] everything is good. The only the only [14:28] problem that we have now is the size. [14:30] So, it's supposed to be [14:32] um [14:33] >> Approximate [14:34] >> 4% of the square footage of the lot [14:38] >> Correct. [14:38] >> or 10% of the square footage of the [14:40] house. [14:41] Um if you do that, it's at 280 square [14:44] feet for the structure. [14:46] >> Correct. [14:46] >> And we're at 480. [14:47] >> that now, yes. [14:48] >> So. [14:55] The [14:57] Let's see. There was another question. [14:59] So, when I mean [15:03] when did you intend on putting a garage [15:05] door and all that or is that just [15:06] something that you're changing now to make it qualify or try to qualify or [15:11] >> No, no, no, no, no. [15:13] Um [15:15] this cost me $1,000 to be here today. [15:18] Just for the permits and the the mailing [15:21] labels and things like that. That's a [15:23] little bit of a setback. [15:25] Um I've I've had a couple other [15:27] financial setbacks, but the first thing [15:29] I would need to do would check on what [15:31] permits need to happen first. I hope to [15:33] have a garage door and some electric [15:35] taken care of by September. [15:37] I mean, reality that's just a couple of [15:39] paychecks for me. [15:40] >> Right. [15:40] >> You know. [15:43] Before bad weather for sure. [15:44] >> Right. [15:45] So, like I said, the board mem- the [15:47] board must determine three uh if there [15:50] are extraordinary conditions relating to [15:52] the property due to size, shape, or [15:54] topography. The lot is 6998 [15:58] sq ft and has a standard rectangular [16:01] shape [16:02] typical to this area. Um [16:05] the applicant has stated that the size [16:09] and location is due to the necessary due [16:12] to the [16:13] uh underground utilities. Now, [16:16] I mean, [16:17] the where the utilities are at are not [16:18] going to [16:20] where we place it's not going to solve [16:22] the problem of it being too big. [16:23] >> Correct. [16:24] >> Um [16:25] you've got the [16:26] >> That's why I guess the variance that I'm [16:27] asking for is the size. [16:28] >> Correct. Correct. [16:30] And I mean, it was put there before the permit was applied for or we didn't [16:38] know [16:39] >> Yes. [16:39] >> immediately that it was too big. [16:41] >> It happened a little faster than I [16:42] expected and [16:45] ice storm. I had it was in Omaha that [16:47] weekend and [16:48] three people in the car came back with [16:50] the flu. [16:51] >> Yeah. [16:51] >> And then I had an orange notice already. [16:53] So, yes, I should have applied for the [16:54] permit before I purchased the shed. I [16:56] honestly wasn't very familiar with the [16:59] process to begin with. So, my ignorance [17:02] [clears throat] got me in this position. [17:03] I do apologize. [17:05] >> Right. [17:06] >> But then you went ahead and put the [17:07] fence up around it even though we were [17:09] still dealing with this. [17:11] >> Only because of the dog and I got [17:12] permission to do that and I changed [17:14] contractors and everything. I just [17:16] needed to be able to let her let the dog [17:18] out in the backyard because it's nobody [17:20] wants a a big dog running around the [17:21] front, especially here's renters. [17:24] >> But didn't they have to remove a fence [17:25] to put this fence up? [17:28] >> Well, the fence was already taken down [17:29] because we was in the process of redoing [17:32] the fence. The guys were taking it down. [17:36] And [17:37] >> Okay, I'm just trying to make sure I [17:38] understand. I'm not trying to badger. I [17:40] just want you to know that I'm not [17:41] trying to [17:42] so [17:44] You check the fence [17:45] >> panels would have to be taken down to [17:46] move the shed out. That's not a problem. [17:49] Fence guys know my situation. I sure. I [17:51] changed fence companies to do what the [17:54] city I mean I I just did everything that [17:56] I thought I was supposed to do because [17:57] that that was another [18:00] um uneducated decision when I picked the [18:03] first fence guy. He's the one who said [18:06] we're going back in the same footprint. [18:07] I don't think you'll need a permit and I said well, we're not even there yet. [18:10] It was mid-January. He was going to take [18:13] down some trees and stuff for me and all [18:15] of a sudden I came back one day and the [18:17] fence was gone legit. I have messages [18:19] that prove that. I apologize. But so I [18:21] had to I we never even talked to him [18:23] again. He never did any more work. He [18:25] wasn't the one who put the fence back [18:27] up. So the fence got taken down by the [18:30] contractor we did not end up using. [18:33] And I'd already paid him half, but I had [18:35] to just let him go. And then when I [18:37] found a different fence company that [18:41] we got the permit with and everything. [18:42] We he understands that there is a [18:45] possibility we might have to take the [18:47] two back corners off. [18:50] » Okay. [18:53] Mhm. [18:55] Do we want [18:58] Okay. [18:59] Um do we have anybody else here that [19:01] wants to talk about the structure? [19:03] >> Yes, I did. [19:04] >> Go ahead. [19:06] >> Thank you, Mrs. Smith. [19:07] >> Mhm. [19:07] >> Oh, I'm sorry. [19:16] » Um [19:20] This is not a storage shed. [19:22] >> Could you [19:23] I'm sorry. Sorry. Could you state your [19:24] name and address for the record? [19:27] >> Nick Swift. [19:28] 302 South Holly Avenue. [19:31] Right over there. [19:33] All right. To begin with, this is not a [19:35] storage shed. This is not a garage. [19:39] If she's going to put a garage door on [19:41] the back of this, she'll have to move [19:43] the central heat and air unit that's [19:45] there. [19:46] If you look at this, you'll see a unit [19:48] an air conditioning unit there. [19:50] It was never meant to be used as a [19:52] garage. It was meant to be used as a [19:55] house. [19:56] Now, I don't have any problems with [19:58] duplexes and two houses on one lot. [20:02] But, I have a problem with this. [20:05] Now, if this structure [20:12] is finished on the inside [20:16] with sheetrock or whatever [20:18] and has been plumbed and wired, [20:22] that's a house. [20:24] No one from the City of Yukon inspected [20:27] that and gave approval to cover up the [20:30] walls. You can't do that. This part You [20:32] know that. [20:34] And so, I'm opposed to having it there. [20:36] I'd like to see it gone. [20:42] Now, I've I'm heavily The Swift family's [20:45] heavily invested in that part of town. [20:48] Okay? [20:51] We have houses [20:54] at 219 Birch, 229 Birch, [20:59] 124 Birch, [21:01] 130 Birch, 124 North First, 125 North [21:07] First, [21:08] 230 Ash, [21:10] 205 North Third, 208 Ash. [21:15] Uh and we got a couple more in this in [21:17] that part of town. We are heavily [21:19] invested. That is a big investment. [21:21] Okay? [21:22] And I'd like to see the prices kept up. [21:26] These distractions like this doesn't [21:28] help our neighborhood one bit. [21:31] Now, I doubt if anybody here [21:34] uh [21:34] has property in that area. [21:37] But uh I'm concerned about it. [21:40] We've got two houses [21:43] that will ultimately be torn down. [21:47] Now, we can't tear them down [21:50] till the people move out cuz we're not [21:52] going to [21:53] put somebody out homeless. [21:56] And um [21:58] and one guy, [22:00] he won't die on me, so [22:03] I'm stuck with him and he'll probably [22:05] outlive me. [22:08] But that's [22:09] neither here nor there. [22:11] I don't want to see this. I think this [22:13] is wrong [22:14] and I'm not going to say any more. I [22:17] just like to have it removed. [22:19] >> So, Mr. Swift, if I understand, your [22:21] primary concern is you're afraid that [22:23] this is a going to be constructed as an [22:26] additional dwelling unit, not as a [22:28] garage or storage facility. [22:29] >> Can you speak without that thing? [22:31] >> Sure. So, are you you're what I hear you [22:33] saying is that your primary concern is [22:36] that this is going to be turned into an [22:37] additional dwelling unit, not not as a [22:42] storage facility as described in the [22:44] permit. [22:45] >> It's still a unit, isn't it? [22:46] >> Okay. [22:47] Do you Have you seen the inside being [22:50] finished out? [22:52] Okay, so you've not seen any [22:54] construction of that sort. That's an [22:55] assumption at this point. Okay. [22:58] >> finished on the inside. [23:00] Then it's a it's a structure. [23:02] >> Sure. [23:02] >> And judging from the fact that there's [23:04] an air conditioning unit sitting on the [23:06] outside, I would say that's what it is. [23:09] >> Okay. [23:10] >> And it's a house. [23:11] >> Okay. [23:12] >> Um [23:13] and I'm I'm just not really pleased with [23:15] this. [23:16] >> Okay. [23:16] >> If you let her do that, can I do it? [23:19] Cuz I own a bunch of property. [23:21] And I can put one of these on every [23:23] piece of piece of property that I have, [23:26] and I've got a bunch. [23:28] And um I mean, if we're going to do it [23:31] to the north side of town, can I do it [23:33] in my neighborhood? [23:34] >> Right. [23:35] >> I mean, the houses are right off the [23:37] Interstate 10, whatever it is. That's [23:39] just a fraction of what we own. [23:41] houses all over Yucaipa. [23:43] >> Right. [23:44] >> And I I don't want to see this. I'd like [23:46] to I own probably two houses on my lot. [23:50] And I hope to do that. I'm doing a [23:52] duplex now. [23:53] >> Mhm. [23:53] >> I will be. [23:55] And in that area, north of McDonald's. [23:58] And I'd like to see [23:59] that [24:00] fine [snorts] building going up. I don't [24:02] want to see more homes. [24:03] >> Okay. Thank you so much, Mr. Swift. [24:06] >> Would you like to get up and speak? [24:07] >> Um absolutely. I'm sorry that you feel [24:10] that way, Mr. Swift. The inside is not [24:11] finished. Nothing is finished about it. [24:13] And unfortunately, Green Country Sheds [24:16] sold it to me with what they called a [24:18] mini split. I didn't even know what the [24:20] mini split was. I was just looking for [24:23] a a larger storage unit that would give [24:25] me some square footage. And actually, [24:26] your house next door has a 20 by 20 [24:29] building. And another one has a 24 by 24 [24:32] building. But I can't ask for a 24 [24:35] >> Would you speak to us? [24:36] >> for a 24 by 24 because I I can't because [24:39] of the gas line. [24:41] And I paid for a brand new fence between [24:43] our houses and stuff. So, I'm doing [24:45] nothing but trying to make it look [24:47] better to match his nice new [24:50] construction. I would gladly [24:53] maybe have [24:55] I don't I can't even say that cuz I [24:56] don't know where to begin to build [24:57] something from the ground up. So, it [24:59] seemed like a better deal to [25:02] buy a prefabricated building. [25:05] >> So, it's not finished on the inside. [25:06] Does it It's not attached to electricity [25:08] or plumbing? [25:09] >> Absolutely not. [25:11] Now, like I said, depending on the [25:13] garage door, but if that isn't a break [25:15] it kind of deal, I'll get a manual [25:17] garage door for it. I mean, ideally, I [25:19] would like to have a remote for her, but [25:22] she has to get out and open the gate [25:24] anyway, so [25:25] you know, but there there is no electric [25:27] and no water ran to it and nothing [25:29] inside is finished. [25:30] >> Okay, thank you so much. [25:33] So, [25:35] speaking from a staff perspective, [25:38] the UDC does not make a differentiation [25:41] regarding accessory structures when it [25:44] comes to garages. So, we do not have [25:47] anything in the code that states that [25:49] detached garages can be larger than [25:52] what's allowable for the accessory [25:54] structures. So, it's either 4% of the [25:59] square footage of the lot or 10% of the [26:02] square footage of the primary structure, [26:04] whichever is greater. [26:06] You can't have more than 40% of the lot [26:09] covered with structures. [26:11] So, that's where it gets confusing [26:12] because it states your lot coverage can [26:15] only be up to 40%, but then there's [26:17] these other percentages thrown in there [26:19] as well. [26:20] And so, when it comes to speaking about [26:25] there's not an additional allowance for [26:27] a greater square footage or a greater [26:29] footprint. Um and [26:32] that's speaking to the code that exists [26:34] now as it is written in or as it was [26:36] written in 2023, [26:39] we can't speak about what else was built [26:41] in the area or when it was built because [26:44] this has to do with this permit for this [26:46] particular piece of property and for the [26:50] exact code as it reads now. So, just to [26:53] differentiate it doesn't it's it does [26:56] not matter if it's a garage, if it is [26:58] detached from the house, it's considered [27:00] an accessory structure, and that [27:01] accessory structure has to meet the [27:03] percentage requirements in the code. [27:06] >> Thank you. [27:07] >> Joe Horn, 102 South 5th. Uh this isn't a [27:10] garage. If uh [27:13] if if it's a garage, are you going to [27:14] pour concrete [snorts] [27:16] uh up to it? [27:17] It's it's a foot off the ground, and [27:19] there's an air conditioning unit that [27:21] sits uh [27:22] sits where your supposed garage door [27:25] would be. It's not a garage. [27:27] Uh if you want a parking, put a carport [27:30] up. I'm sure you'd give uh approval for [27:34] that. [27:35] Um [27:36] it's it's too big. I don't want it [27:38] there. [27:39] Um [27:40] I think it's a bad thing. [27:45] » So, I think the the biggest issue we got [27:47] now is just it's oversized, and it [27:49] doesn't fit the criteria of or the code [27:53] of 4% of the square footage of the lot [27:56] or 10% of the the [28:00] house square footage. [28:03] Anybody else have anything to say? [28:05] >> Well, I've been listening to what [28:06] everybody says, and I appreciate the [28:09] emotions and the wanting to take care of [28:11] everything and everyone in your own [28:13] property. And as a broker, I totally [28:16] understand property values and wanting [28:18] them to be better and wanting everybody [28:20] to have a place for all of their [28:22] belongings. [28:23] I'm going down the list of what we as a [28:27] committee are told, these are what we [28:30] have to do. [28:32] And on number one, are there [28:34] extraordinary and exceptional conditions [28:36] pertaining to the particular piece of [28:38] property in question because of size, [28:40] shape, or topography? The answer's no. [28:43] It's still the same lot size, the same [28:45] topography as when it was purchased in [28:47] 2021. [28:49] Um is the application of this ordinance [28:52] to this particular piece of property [28:54] creating an unnecessary hardship not [28:57] self-imposed by the owner or developer? [29:00] The building itself violates the [29:03] ordinance and that is the hardship. [29:06] But as far as that is a self-imposed, I [29:09] understand that you didn't understand. [29:11] But that's still a self considered a [29:13] self-imposed hardship. [29:16] Um are these conditions peculiar only to [29:19] this particular piece of property [29:21] involved? It is an infield piece, an [29:24] interior lot, it's not [29:27] uh it's not a trapezoid, it's not on a [29:30] weird cul-de-sac, it's common to the lot sizes in that [29:35] neighborhood and on that street. So, the [29:37] answer there is no. [29:40] I don't I do not find that this [29:43] particular [29:46] situation calls for a variance. I wish I [29:49] could find a way to do it, but I just I [29:51] cannot. [29:53] And so, I'm going to make the motion [29:55] that we deny this. [29:57] Um [29:59] >> I second. [30:00] >> Specifically as is written in our [30:03] packet. I will read that for the record. [30:07] In the case of the variance application [30:09] by Rhonda Smith, we have read the staff [30:10] report, we have received the testimony [30:12] at the public hearing, we find that the [30:14] request does not satisfy the required [30:17] variance criteria. I move to deny the [30:20] variance request from the accessory [30:21] structure standards in the unified [30:24] development code. [30:26] Is there a second for that? [30:28] >> I second it. [30:30] >> Call for vote. [30:33] » Floyd. [30:35] Denied. [30:37] Sharp. [30:38] >> Denied. [30:40] >> Cohn nine. [30:40] >> Denied. [30:47] » Okay. [30:48] As we move on to item four [30:51] >> Correct. [30:52] >> It is elect [clears throat] a new board [30:54] of adjustments chair. [30:57] Do you have any nominations? [30:59] >> Yes, ma'am. [31:00] >> I'm sorry, I have [31:01] a few questions. [31:02] >> Mhm. [31:03] >> Um so I understood that it is denied. Is [31:07] Can we talk about a time frame that I [31:08] have to have it moved? [31:10] I'm going to try to sell it. I [31:14] >> So what we would do [31:16] >> a trailer for it. So either getting the [31:18] trailer is going to take a little bit of [31:19] time as well. [31:21] Um transportation companies are about [31:22] six weeks out. [31:24] >> So we discussed this today if this were [31:25] the scenario that you you faced. [31:28] Uh I've instructed the code enforcement [31:30] department to send a a proper uh 30-day [31:33] letter to you for the next hearing [31:35] to meet with our administration to get [31:38] instruction on how many days the [31:39] administration will allow you [31:41] uh that process. So you should be [31:43] receiving a letter after today sometime [31:45] in the next week [31:47] uh explaining what the next step would [31:48] be and that would be to attend an [31:50] administrative hearing to discuss those [31:52] actual uh with our city manager. [31:55] >> All right. Thank you. [31:55] >> Absolutely. [32:03] Okay, item four is elect a board of [32:05] adjustments chairman. Anybody have [32:07] nominations? [32:11] » You've two been here a lot longer than [32:12] me. [32:13] >> [laughter] [32:18] » I I nominate Carey. [32:22] Do I have a second? [32:24] >> I second. [32:25] >> I accept. [32:27] >> You take a vote. [32:29] >> How do we vote? [32:30] >> Do we need to vote on that? Yep. [32:32] >> We do need to vote. Yes. [32:33] >> Yep. [32:34] >> Uh Conine [32:35] >> Yes. [32:36] >> Floyd [32:37] >> Yes. [32:37] >> Sharp? [32:38] >> Of course. [32:40] >> Item five is to elect a Board of [32:42] Adjustments vice chairman. [32:44] Any nominations? [32:45] >> I think Mr. Floyd's doing a great job as [32:48] vice chairman. [32:49] >> I second. [32:51] >> I accept. [32:54] >> [snorts] [32:54] >> Call for vote. [32:57] » Sharp? [32:58] >> Yes. [32:59] >> Floyd? [32:59] >> Yes. [33:00] >> Conine? [33:01] >> Yes. [33:03] >> Okay, item six, any new business? [33:07] >> None tonight. [33:08] >> No new business. [33:10] Uh item seven is open discussion. [33:14] » Thank you gentlemen for coming tonight. [33:16] >> Thank you. [33:17] >> I appreciate the staff report in its [33:21] entirety. It was very concise. It was [33:24] easy to understand. So, thank you for [33:25] that. All of you. [33:28] And and the quick action by code enforcement in [33:33] getting this where it it needed to be. [33:36] So, thank you for that. [33:39] » Do I need a motion to adjourn? [33:42] >> No, you can. [33:43] just adjourn. You don't need [33:45] necessarily need a motion. [33:47] >> Item eight is adjournment. [33:50] >> All right.