Jan 14, 2025 BOARD OF ADJUSTMENT

[00:00:01]

STEPH, WE READY TO GO? YOU ARE READY.

OKAY.

WELL, HELLO.

GOOD AFTERNOON, LADIES

[1. CALL TO ORDER AND ROLL CALL]

UM, MY NAME IS BARB WOOSTER AND I AM THE VICE CHAIR OF THE SYDNEY BAY TOWN BOARD OF ADJUSTMENTS.

TODAY'S MEETING WILL BE CALLED THE ORDER NOW AND WE'LL TAKE A ROLL CALL.

MS. LESLIE BARBARA LEWIS.

HERE.

HERE, .

HERE.

BECKY S HERE.

LER HERE.

OKAY.

UM, SO WE'RE MOVING ON TO AGENDA ITEM NUMBER TWO.

CITIZEN COMMENTS.

UH, NOTICE IS HEREBY GIVEN THAT IN COURT FOR THE TEXAS ANNUAL MEETINGS ACT, TEXAS GOVERNMENT CODE CHAPTER 5 51 PROHIBITS THE BOARD OF ADJUSTMENT FROM DISCUSSING, DELIBERATING OR CONSIDERING SUBJECTS FOR WHICH PUBLIC NOTICES NOT BEEN GIVEN ON THE AGENDA.

ISSUES THAT CANNOT BE REFERRED TO THE ADMINISTRATION FOR ACTION MAY BE PLACED ON THE AGENDA OF A FUTURE BOARD OF ADJUSTMENT SESSION.

UM, AND TRUST THAT OUR STAFF TEAM WILL KEEP US BETWEEN MAKING SURE THAT WE FOLLOW ALL THE APPROPRIATE RULES AND LAWS.

AGENDA ITEM NUMBER THREE, ELECTION.

CONSIDER THE ELECTION OF A CHAIRPERSON AND A VICE.

WERE THERE ANY CITIZENS? OH, I'M SORRY.

THANK YOU.

THANK YOU FOR, DO WE HAVE ANY CITIZEN COMMENTS OR WE SUGGESTIONS, REQUEST STATEMENTS? ANYTHING? OKAY.

THANK YOU.

WE'LL KEEP MOVING.

AGENDA ITEM

[a. Consider the election of a Chairperson and a Vice-Chairperson of the Board of Adjustment in accordance with Section 2-545 of the Code of Ordinances, Baytown, Texas.]

ELECTIONS CONSIDER THE ELECTION OF A CHAIRPERSON AND A VICE CHAIRPERSON OF THE BOARD OF ADJUSTMENT IN ACCORDANCE WITH SECTION TWO DASH 5 45 OF THE CODE OF ORDINANCES BASED ON TEXAS LADIES AND GENTLEMEN, UM, OF THE BOARD, I UNDERSTAND THAT WHILE MR. WILSON IS NOT HERE, HE WOULD CONSIDER REELECTION AS CHAIR OF THE BOARD OF ADJUSTMENT.

SO TAKE THAT UNDER CONSIDERATION.

DO WE HAVE ANY DISCUSSION FROM MEMBERS OR NOMINATIONS FROM ANY OF YOU? NOMINATE MIKE WILSON AS CHAIRPERSON.

ALRIGHT, SECOND.

MR. WILSON HAS BEEN NOMINATED, UH, AND THAT NOMINATION HAS BEEN SECONDED.

UH, DO WE WANT TO VOTE ON MR. WILSON'S POSITION AND THEN WE'LL RETURN TO THE VICE CHAIR POSITION? ALL THOSE IN FAVOR OF MR. WILSON IS, UH, CONTINUING TO SERVE AS CHAIRPERSON, SAY AYE.

AYE.

AYE.

OPPOSED? THAT CARRIES.

MR. WILSON WILL CONTINUE TO SERVE AS THE CHAIRPERSON OF THE BOARD OF ADJUSTMENT.

NOW LET'S GO TO OUR POSITION OF VICE PERSON.

ANY A? YEP.

NORMALLY BARBARA ROOSTER, SERVICE VICE CHAIR.

CHAIR.

THANK.

IS THAT SOMETHING YOU'D WANT TO DO, BARB? I, I'LL DO IT AS LONG AS MICHAEL WILSON HAS PERFECT.

TENDANCE , BUT YES.

YES.

I'LL SECOND THAT.

I'M WILLING TO DO THAT.

THANK YOU.

BECKY.

UH, BARB WOOSTER HAS BEEN NOMINATED TO SERVE AND THAT MOTION, UH, THAT NOMINATION SECONDED TO CONTINUE SERVICE AS VICE CHAIRPERSON OF THE BOARD OF ADJUSTMENT.

UH, ALL THOSE IN FAVOR SAY AYE.

AYE.

AND OPPOSED? MOTION CARRIES.

UH, SO OUR CHAIRPERSON AND VICE CHAIR, UH, GOING FORWARD WILL BE MIKE WILSON AS CHAIR BARB RE VICE CHAIR.

[4. MINUTES]

I'LL AB EXTEND YOU FROM THAT VOTE 'CAUSE I WAS NOT ON THE BOARD ON THAT MEETING.

THANK YOU.

ANYBODY HAVE, UM, MY QUESTION IS, CAN WE APPROVE WITHOUT JUST THE THREE OF US, WHICH IS THREE? YEAH.

YEAH.

THE ANSWER'S YES.

THE, UH, QUORUM IS BY WHO ALL SHOWS UP.

OKAY.

ABSTENTIONS DOES NOT AFFECT THE OVERALL QUORUM.

OKAY.

GOOD TO KNOW.

LEARNED SOMETHING.

I LOOKED THAT UP.

I DIDN'T, I DIDN'T KNOW THAT ONE TIME.

I DIDN'T KNOW.

SO NOW I ONE TIME THAT I KNOW IT.

RIGHT, RIGHT.

ALRIGHT, SO MR. SANTANA, WILL I MOVE? WE APPROVE SECOND, BUT I DO HAVE SOME QUESTIONS.

OKAY.

SO WE HAVE A MOTION TO APPROVE AND A SECOND ON THE FLOOR.

MR. SANTANA, BEFORE WE TAKE A VOTE, DO YOU HAVE QUESTIONS? YES.

CAN YOU CLARIFY WHAT THE AMENDED COMPONENT WAS TO THE MINUTES? ABOUT THE MINUTES? UM, WHAT WAS THE AMENDED PART? WHAT WAS THE AMENDMENT TO THE MINUTES, THE MINUTES OF THE APRIL.

THEY WERE ACTUALLY THE JANUARY THAT PUT IN THERE, IN THERE BY MISTAKE.

THE WRONG DATE.

YEAH, IT WAS THE WRONG DATE THERE BY MISTAKE.

SO I, I READ THESE ONLINE, I DON'T HAVE THE COPY WITH ME, BUT THERE

[00:05:01]

AND THAT DIDN'T HAPPEN NOVEMBER BECAUSE BARB WAS THERE THROUGH YEAH, BUT BUT I MEAN, IT, IT, I THINK HE WAS THERE AT BOTH MEETINGS AND, BUT THE ME SAID BARB CLOSED THE MEETING.

THEY PROBABLY DIDN'T, I THINK I WOULD'VE KNOWN THAT THAT WOULD'VE BEEN PRETTY, MAYBE IT WAS A SECOND.

JUST SAID THAT.

MOTION VICE CHAIR.

WOO.

CLERK.

TYPICALLY THE CHAIR DOES CLOSE.

IT DOES SAY VICE CHAIR.

IT'S THE APRIL.

I'M SORRY.

YEAH, IT WAS THE APRIL WHEN IT LOOKS LIKE IT'S IN QUESTION MOTION.

YOU HAVE THE SIGN IN SHEET BECAUSE THERE WAS A MEETING THAT MIKE DID MISS AND YOU, JARED, AND IT WAS JUST, I REMEMBER WHAT EVENT THAT WAS, WHY THAT HAPPENED.

IT SAID MOTION TO ADJOURN.

RIGHT.

MIKE COULD HAVE CALLED FOR MOTION.

MOTION TO AJOUR YOU MOTION TO AD AND I I WOULD'VE MADE A, YEAH, I COULD HAVE MADE A MOTION, BUT, BUT THERE WAS NOT A MEETING WHERE MIKE LEFT IN THE MIDDLE OF THE MEETING AND I CLOSED THE MEETING.

BUT I THINK IT SAYS HE OPENED THE MEETING AND YOU CLOSED THE MEETING.

SO I'M JUST SAYING THAT TIP, TYPICALLY IF MIKE WAS HERE, HE WOULD, HE WOULD OPEN AND CLOSE.

IT PROBABLY SHOULD BEEN CLARIFICATION THAT THE MOTION FROM I DON'T THINK IT STATES A MOTION TO SAYS VICE CHAIRMAN.

MR. MOTION TO ADJOURN.

SECONDARY MOTION TO ADJOURN TO A.

ALRIGHT.

OKAY, MR. READ ANY OTHER, ANY OTHER QUESTIONS, UH, BEFORE WE TAKE ACTION ON THE APRIL 9TH MEETING? MINUTES.

OKAY, THEN WE HAVE A MOTION TO APPROVE THE MINUTES AS, UH, AMENDED AND A SECOND IS ON THE FLOOR.

UH, ALL THOSE IN FAVOR OF APPROVING THE AMENDED MEETING MINUTES OF APRIL THE NINTH, 2024 SAY AYE.

AYE.

AYE.

AND OPPOSED.

OKAY, SO, UH, THE APRIL 9TH MINUTES, UH, ARE APPROVED AS AMENDED.

NOW WE GO FORWARD CONSIDERING APPROVAL OF THE MEETING MINUTES OF THE NOVEMBER 12TH, 2024 BOARD OF ADJUSTMENT REGULARLY.

MOTION TO APPROVE THOSE MINUTES AS WRITTEN, MR. KROGER HAS MADE A MOTION TO APPROVE.

IS THERE A SECOND? SECOND.

MR. SANTANA HAS SECONDED, UH, ANY QUESTIONS, UH, OR COMMENTS ON THE MOTION? ALL RIGHT.

ALL IN FAVOR OF APPROVING THE MEETING MINUTES OF NOVEMBER 12TH, 2024.

SAY AYE.

AYE.

ANY OPPOSED? THE MOTION CARRIES

[a. Conduct a public hearing and consider a request for a zoning variance on 0.24 acres at 6835 Aspen Peak Drive, to reduce the minimum street side setback from 15 feet to 8.7 feet and to allow the placement of an above-ground swimming pool in the street side yard.]

ITEM NUMBER FIVE, VARIANCES.

CONDUCT A PUBLIC HEARING AND CONSIDER A REQUEST FOR A ZONING VARIANCE ON 0.24 ACRES AT 68 35 ASPEN PEAK DRIVE TO REDUCE THE MINIMUM STREET SIDE SETBACK FROM 15 FEET TO 8.7 FEET AND TO ALLOW THE PLACEMENT OF AN ABOVE GROUND SWIMMING POOL IN THE STREET SIDE YARD.

BEFORE WE GO FORWARD WITH THIS ITEM, I NEED TO READ A STATEMENT.

I WILL READ THIS FOLLOWING, UH, ONE TIME AND IT WILL APPLY TO ALL PUBLIC HEARINGS TODAY.

PUBLIC HEARINGS ARE HELD TO GIVE ALL INTERESTED PERSONS THE RIGHT TO SPEAK AND BE HEARD.

EVERYONE DESIRING TO SPEAK AT TODAY'S HEARING SHOULD HAVE THE SIGN THE APPROPRIATE LIST AS THIS LIST WILL PROVIDE THE SPEAKING ORDER FOR THE HEARING.

EACH SPEAKER SHALL GIVE HIS OR HER NAME AND ADDRESS TO PROVIDE A PROPER RECORD OF THIS HEARING.

THE RULES ALLOW EACH SPEAKER THREE MINUTES TO PRESENT INFORMATION.

HOWEVER, I ENCOURAGE EVERYONE TO BE CONCISE AS POSSIBLE.

IF YOU'RE A GROUP OF PERSONS WISHING TO ADDRESS THE BOARD ON THE SAME SUBJECT, PLEASE SELECT A SPOKESPERSON TO PRESENT THE INFORMATION.

IF ANYONE HAS ANY QUESTIONS, PLEASE DIRECT THEM FROM ME.

THANK YOU VERY MUCH.

WE DO HAVE ONE CITIZEN SIGNED UP TO SPEAK.

UH, IT LOOKS LIKE THE PROPERTY OWNER.

YES.

OKAY.

ALRIGHT.

UM, ARE YOU READY TO PRESENT THE STAFF REPORT? SO, GOOD AFTERNOON, UM, UH, WITH UM, VICE CHAIRMAN AND THE BOARD MEMBERS, KIM, SHE HERE WITH THE PLANNING, UH, AND DEVELOPMENT SERVICES.

AND BEFORE YOU THIS AFTERNOON, WE HAVE A VARI REQUEST.

AND THIS IS FROM WHAT I ORIGINALLY, YOU KNOW, LIKE, UH, ANTICIPATED BECAUSE I THOUGHT YOU GUYS WOULD HAVE LIKE, YOU KNOW, ACCESS TO THE STUFF REPORT LIKE ON A MONITOR OR SOMETHING RIGHT HERE.

ALLOW ME TO BEGIN WITH THIS, UH, UH, .

SO THE SUBJECT SIDE IS, UH, IS ZONED MISS RESIDENTIAL MR. AND UH, IT IS LOCATED

[00:10:01]

HERE IS UH, VICINITY MAP, THIS IS THE SUBJECT SIDE.

THE APPLICANT IS SEEKING A VARIANCE TO REDUCE THE MINIMUM STREET SIDE SETBACK FROM FITTING FEET TO 8.7 FEET AND IT WILL ALLOW THE PLACEMENT OF ABOVE GROWN SWIMMING POOL IN THE STREET SIDE YARD.

HERE'S ANOTHER AREA OF THE SIDE AND ALLOW ME TO SHARE WITH YOU ON ANOTHER ONE, WHICH IS ZOOMED IN.

YOU CAN SEE THIS IS THE NORTH, THIS IS THE SOUTHWEST, THE EAST.

SO BEFORE I PROCEED FURTHER, PLEASE ALLOW ME TO CHECK WITH THE BOARD.

THERE'S A TOTAL OF 10 CRITERIA IN THE EVALUATION OF THIS VARI REQUEST AS SHOWN IN THE STAFF REPORT.

DO YOU ALL WANT ME TO DO A SUMMARY OF SOME MAJOR POINT SELECTIVELY OR DO YOU WANT ME TO GO OVER THE CRITERIA ITEM BY ITEM? UH, OKAY.

HERE'S APPLICANT'S, UH, PROPOSED SITE PLAN.

SO ONE ENSURES THE SAME GENERAL LEVEL OF COMPATIBILITY, LAND USE COMPATIBILITY WHILE THE ZONING DISTRICT ALLOWS THE PLACEMENT OF THE SWIMMING POOL.

THE PROPOSED POOL LOCATION DOES NOT MEET IN THE, UH, SETBACK REQUIREMENT AND ENCROACHED THE STREET SIDE SETBACK AREA.

WHO IS IT? THE HARDSHIP OF THE APPLICANT'S OWN MAKING.

THE PROPOSED ABOVE GROUNDS SWIMMING POOL WAS PLACED SOMETIME BETWEEN JANUARY 7TH AND JUNE 8TH, 2024.

ACCORDING TO THE CITY'S UNIFIED LAND DEVELOPMENT CODE, EODC, A SWIMMING POOL BUILDING PERMIT IS REQUIRED PRIOR TO THE CONSTRUCTION OR PLACEMENT OF THE SWIMMING POOL.

NO PERMIT WAS ISSUED FROM THE CITY PRIOR TO THE POOL BEING PLACED ON THE GROUND.

THERE ARE SPACES ON THE SUBJECT SIDE TO ACCOMMODATE LEASE POOL FOR HIS RELOCATION WITHOUT THE NEED OF A VARIANCE.

AND THE APPLICANT CHOSE TO GO THROUGH THE VARIANCES APPLICATION PROCESS BEFORE HE CONSIDER HIS SUBSEQUENT UH, ACTIONS.

THREE.

DOES IT ADVERSELY AFFECT ADJACENT LAND USES AND THE PHYSICAL CHARACTER OF USES IN THE NEIGHBORHOOD? WHILE THE PROPOSED LOCATION FOR THIS ABOVE GROUND SWIMMING POOL LIES ENTIRELY WITHIN THE PROPERTY BOUNDARY, THIS POOL LOCATION WILL NOT MEET THE SETBACK REQUIREMENT.

THE PROPOSED POOL IS PLACED WITHIN THE REQUIRED STREET SIDE SETBACK AREA AND THE APPLICANT STATES SUCH LOCATION ALONG THE STREET SIDE OF HIS PROPERTY WILL NOT AFFECT ANY RECENT LAND USES ADVERSELY, ESPECIALLY WHEN THE AREA IS FENCED OFF.

THE APPLICANT ALSO INDICATED HE SPOKE TO HIS NEIGHBORS AND NONE OF THEM HAD ISSUES WITH THE APPLICANT'S POOL LOCATION.

DOES IT ADVERSELY AFFECT PROPERTY VALUE OF ADJACENT PROPERTIES IN ANY MATERIAL WAY? THE PROPOSED LOCATION FOR THIS ABOVE GROUND SWIMMING POOL LIES ENTIRELY WITHIN THE PROPERTY BOUNDARIES AND THE SUBJECT SIDE IS A CORNER LOT.

IT'S NOT ANTICIPATED LARGER PROPERTY VALUES OF ADJACENT PROPERTIES SPECIFICALLY TO THE WEST AND THE SOUTH SIDE WILL BE ADVERSELY AFFECTED.

TEMPLE.

CAN WE GO TO THE FIVE? DOES IT FURTHER THE GOALS AND THE VISION OF THE CITY SET AS SET FORTH IN THE COMPREHENSIVE PLAN? THE VISION STATEMENT, THE CITY'S ULDC DEVELOPMENT STANDARDS GOVERN ALL DEVELOPMENTS IN THE CITY AND THEIR PROVISIONS ARE INTENDED TO FURTHER THE GOALS AND OBJECTIVES OF THE CITY'S COMPREHENSIVE PATH, THE PROPOSED SWIMMING POOL LOCATION, NEITHER MEET SETBACK REQUIREMENTS OR IS IT PLACED ON EITHER THE SIDE OR THE REAR OF THE PROPERTY? I CAN MOVE THIS TO TO THIS LIKE A POINT.

SO YOU CAN SEE I READ ALONG SIX.

IS THIS GENERALLY CONSISTENT

[00:15:01]

SEVEN.

THIS IS NEEDED AS A SPECIAL CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE LAND OR STRUCTURE THAT ARE NOT APPLICABLE TO OTHER LAND OR STRUCTURE IN THE SAME DISTRICT.

DO YOU C REQUIRES THE POSSESSION OF THE SWIMMING POOL BUILDING PERMIT PRIOR TO THE CONSTRUCTION REPLACEMENT OF THE SWIMMING POOL AND THE LEASE POOL WAS PLACED WITHOUT A CITY ISSUED PERMIT.

BASED ON THE AERIAL ANALYSIS, THERE ARE THREE OTHER PROPERTIES WITHIN 300 FEET OF THE SUBJECT SIDE, WHICH HALF THE CEMENT POOL.

THOSE ARE INTERIOR LOTS WITH THE POOL LOCATED AT, AT EITHER THE REAR OR SIDE OF THE PROPERTIES.

SUB HAS COMMUNICATED WITH APPLICANT SEVERAL TIMES SURROUNDING THE LOCATION OF THE POOL WITHOUT THE NEED OF A VARIANCE SINCE THEY ARE BASIS TO ACCOMMODATE THIS POOL ON THE PROPERTY AND THE APPLICANT CHOSE TO GO THROUGH THE VARIANCE APPLICATION PROCESS BEFORE HE WOULD CONSIDER SUBSEQUENT ACTIONS.

EIGHT.

THIS IS NECESSARY AS A LITERAL INTERPRETATION AND THE ENFORCEMENT OF RETURNS AND THE PROVISIONS OF THE DIMENSIONAL STANDARD WOULD BE WOULD DERIVED IN THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY LANDOWNERS IN THE SAME DISTRICT AND WOULD CAUSE AN UNNECESSARY AND UNRU HARDSHIP.

SO AGAIN, AS INDICATED PREVIOUSLY, THERE ARE OTHER PROPERTIES WITHING 300 FEET OF THE SUBJECT SIDE CONTAINING SWIMMING POOL.

SO THOSE POOLS ARE LOCATED ON EITHER THE REAR OR SIDE OF THESE INTERIOR ROCK PROPERTIES.

THERE ARE OTHER SPACES ON THE SUBJECT SIDE WHICH COULD ACCOMMODATE THIS PROPOSED SWIMMING POOL AND THE APPLICANT HAS BEEN INFORMED OF SUCH SEVERAL TIMES AS A PART OF THE SUBMIT APPLICATION TO THE CITY.

THE APPLICANT'S STATEMENTS SHOW THAT THE APPLICANT SUBMITTED HIS ABOVE GROUND TO REQUEST TO HIS HOMEOWNER'S ASSOCIATION AND WAS LED TO BELIEVE NO PERMIT WOULD BE REQUIRED.

NINE.

THIS IS THE MINIMUM ACTION THAT WILL MAKE POSSIBLE THE USE OF LAND OR STRUCTURE WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST AND WHICH WILL CARRY OUT THE SPIRIT OF THE CODC.

THE PROPOSED LOCATION FOR THIS ABOVE GROUND SWIMMING POOL LIES ENTIRELY WITHIN THE PROPERTY BOUNDARIES EITHER MEET THE SETBACK REQUIRED BY ZONING, NOR IS IT PLACE ON THE EITHER SIDE OR REAR OF THE PROPERTY.

THEREFORE THE CURRENT POOL LOCATION DOES NOT COMPLY WITH THE ULDC REQUIREMENTS.

HOWEVER, THE APPLICANT HAS ON YOUTH BASIS ALONG THE STREET SIDE, WHICH IS THE NORTH SIDE OF THE PROPERTY, TO ACCOMMODATE LEASE POOL FOR ITS RELOCATION NINE, WHICH BRING THE EXISTING AND THE PROPOSED STRUCTURE CLOSER TO COMPLIANCE WITH THE ZONING REGULATION OF THIS UDC.

THE PROPOSAL ABOVE GROUND SWIMMING POOL IS LOCATED ON THE PRIVATE RESIDENTIAL PROPERTY, THEREFORE IT'LL NOT HAVE SIGNIFICANT IMPACT ON THE ENHANCEMENT OF PUBLIC HEALTH, SAFETY OR WELFARE.

THE CURRENT LOCATION OF THE POOL, UM, LEASE PROPERTY METER MEETS THE SETBACK REQUIRED BY ZONING, NOR IS IT PLACE SOME EITHER THE SIDE OR REAR OF THE PROPERTY, THEREFORE IT DOES NOT MEET THE UDC REQUIREMENTS.

SO HERE ARE SOME OF THE MAJOR POINTS THAT YOU WENT THROUGH AND IT COMES TO SUCH, UH, RECOMMENDATION BASED ON THE CIRCUMSTANCES, THE STUFF AT LEAST TO RECOMMEND DENIAL

[00:20:01]

AND THE LOT CONCLUDES THE STAFF REPORT.

IF THERE'S ANY QUESTIONS? QUESTIONS.

AND I BELIEVE THE APPLICANT OR THE, SORRY, I HAVE A COUPLE QUESTIONS.

UM, YOU MENTIONED THAT THERE WERE OTHER POOLS IN WITHIN 300 FEET IN THE VICINITY.

THESE OTHER, DO THOSE POOLS MEET WITH UC, THE FARMERS, THE LOCATION BASED ON AERIAL, AS I MENTIONED, THESE POOLS ARE EITHER LOCATED AT THE REAR OR, OR, OR ON THE SIDE OF THE PROPERTY, WHICH IS IN COMPLIANCE WITH UC STANDARDS.

YES.

BUT WITH REGARDS TO HOW MUCH DISTANCE ON EACH OF THIS PROPERTY? I DO NOT KNOW.

IT'S NOT TASTE LIKE INDIVIDUAL, YOU KNOW, LIKE INSPECTION OF THE PARTICULAR SITE.

BUT BASED ON THE AERIAL ANALYSIS, THE LOCATION OF LES IN THE SAME NEIGHBORHOOD WITHIN 300 FEET, THEY DO MEET THE LOCATIONAL REQUIREMENT.

AND SO WHERE IS HIS POLE CURRENTLY SITTING? ALLOW ME TO GO BACK TO ONE OF THE, UH, VISION.

UM, YOU KNOW, LIKE AS I MENTIONED, SEE LIKE IT'S REALLY LIKE, UH, YOU CAN SEE NORTH ARROW, THAT'S ACTUALLY THE NORTH SIDE POINTING, POINTING TO THE, THE RIGHT HAND SIDE.

SO IF WE CAN ACTUALLY LIKE, YOU KNOW, LIKE, UH, SO IS THAT THE SIDE OF HIS HOME OR THAT'S ACTUALLY THE STREET SIDE, WHICH IS THE NORTH SIDE.

THE WHOLE LOCATION, YOU KNOW, LIKE IN BLUE IS ACTUALLY ALONG THE STREET SIDE, WHICH IS THE NORTH SIDE.

YEAH.

SO ON THE SIDE OF THE HOME CLARIFYING QUESTION FOR ME AS WELL.

YEAH, YOU KEEP SAYING IT'S NOT IN THE REAR OR THE SIDE, BUT THAT IS THE SIDE OF THE HOUSE.

IT IS, IT'S THE STREET SIDE, YES.

BUT BECAUSE THIS LOT IS A CORNER LOT THAT IT HAS DOUBLE FROM YES.

STREET SIDE.

YES.

SO OUR CODE CONSIDERS A STREET SITE SIMILAR TO HOW YOU WOULD TREAT A, A FRONT YARD.

AND SO YOU HAVE LIMITATIONS ON STREET SIDE VERSUS IF THERE WAS ANOTHER HOUSE THERE.

CORRECT.

INTERIOR SIDE.

INTERIOR SIDE, GOTCHA.

OKAY.

YES.

FIT IN THE CORNER LOT THERE.

NO, AND AND FROM MY OBSERVATION THIS MORNING, IT'S A, A VERY UNUSUALLY SHAPED IRREGULAR LOT.

YEAH.

BECAUSE THE UNIQUENESS OF THE LOCATION, BECAUSE IT'S A CORNER LOT AND IT HAS LIKE DOUBLE FUNCTION OF COURSE THEN, BUT AS, AS MENTIONED IN STAFF REPORT, THE APPLICANT HAS COMMUNICATED WITH HIS NEIGHBORS AND NONE OF THEM HAD ISSUES WITH HIS, UH, POLL LOCATION.

SO THAT'S, THAT'S NOT AN ISSUE TO ME.

NEIGHBORS CAN SAY WHATEVER THEY WANT.

I GUESS THE ISSUE TO ME THAT I'D LIKE CLARIFICATION FROM EITHER STAFF OR THE APPLICANT, THIS IDEA AND IT HAPPENS ALL OVER THE CITY.

THAT WORK WAS DONE WITHOUT A PERMIT.

WHETHER THE HOA SAID THAT IT WASN'T NEEDED OR NOT, IT CLEARLY DID THE DEPARTMENT HAD THE APPLICANT COME IN TO FILE FOR A PERMIT.

THIS DISCUSSION WOULD'VE HAPPENED LONG BEFORE.

SURE.

THERE.

AND THE OTHER THING THAT YOU MENTIONED, THERE ARE OTHER PLACES WHERE THIS COULD BE PLACED TO MEET COMPLIANCE.

SO FOR ME PERSONALLY, UM, THE PERMIT ISSUE IN THE ULDC ISSUE FOR OVERRIDING, BUT I'D LIKE CLARIFICATION AS TO WHY A PERMIT WASN'T.

OKAY.

SO ARE WE FREE ALSO TO THE STAFF'S RECOMMENDATION FOR THE LOCATION FOR THE POOL VERSUS WHERE IT IS? CAN I, CAN I GET AN ANSWER TO THE PERMIT BEFORE WE CHANGE THE QUESTION? UH, TO ANSWER YOUR QUESTIONS SIR? NO, THAT KIND OF STEPS WITH REGARDS TO WHY NO CT ISSUED PERMIT WAS OBTAINED PREVIOUSLY.

YOU KNOW, LIKE, UH, ACCORDING TO STAFF CHECKING THE SYSTEM, NO INDICATION OF PREVIOUS APPLICATION.

BUT I CANNOT ANSWER THAT QUESTION FULLY.

SO I ACTUALLY NEED TO DEVELOP PART TO THE APPLICANT TO, WITH REGARD TO WHY, WHY THAT HAPPEN.

SO WE'LL WAIT UNTIL HE GETS UP FOR THAT.

I JUST WANTED TO MAKE SURE ON YOUR SIDE THAT YOU DON'T HAVE ANYTHING.

NO, I'M FINE.

YOU'RE GOOD.

SO I JUST WAS CURIOUS AS WHAT IS THE STAFF'S RECOMMENDATION FOR POOL LOCATION? YOU MENTIONED SEVERAL TIMES IN YOUR PRESENTATION THAT THERE ARE PLACES FOR THE POOL TO GO AS YOU CAN SEE.

LIKE, UH, SEE, LIKE ALLOW ME TO, OKAY.

YOU CAN SEE THE CREW.

YOU SEE LIKE THIS IS ENTIRELY THE, THE NOTION SIDE OF THE, THE PROPERTY.

AND WE DO HAVE ENOUGH ROOM HERE, YOU KNOW, TO ACCOMMODATE THE POOL AND ACCORDING TO STAFF MEASURING THE POOL MEASURES ABOVE 28 BY 13.

SO SO BRINGING IT FORWARD ON THE WALL.

YES.

SO WE DO, EVEN IF WE RELOCATE THIS PULL TO THE OTHER SIDE OF, YOU KNOW, LIKE, UH, THE NORTH, LIKE HERE WE DO HAVE ENOUGH ROOM TO ACCOMMODATE THE, I JUST WAS CURIOUS AS WHERE YOU'RE RIGHT.

SO YEAH, YEAH, LAST ONE.

SO I STILL DON'T UNDERSTAND HOW, WHERE IT'S AT IS STREET

[00:25:01]

SO HOW DOES MOVING IT FORWARD SOLVE THAT REAR OR SIDE REQUIREMENT? OKAY, THE STREET SIDE ALONG, UH, BOTH EMBER BEND DRIVE AND THE AUTHENTIC DRIVE IS TWO SIDE, LIKE THIS CURVED AREA HERE, YOU KNOW, ANYTHING ALONG THERE REQUIRES A MINIMUM 15 FEET SETBACK, RIGHT? SO ANYTHING BEYOND 15 FEET YOU CAN BUILD THERE NO ISSUES.

SO AND SO IT'S NOT, IT'S NOT JUST REAR OR SIDE, IT'S REAR OR SIDE AND SETBACK AND SETBACK, RIGHT SIR? RIGHT.

SO IF YOU, IF YOU MOVED IT STRAIGHT DOWN AND IT'S CURRENT LOOKING, MOVED IT STRAIGHT DOWN, THEN YOU AUTOMATICALLY VERY QUICKLY INCREASE THE AMOUNT OF SIDE SETBACK THAT'S AVAILABLE FOR 'CAUSE OF THE, YOU GOTTA MOVE THE FENCE, BUT YEAH, EXACTLY.

THEN THEY WOULD NO LONGER BE IN THE STREET SIDE YARD OR THE FRONT YARD WOULD YARD OF THE PROPERTY UNIQUELY END OF THIS PARTICULAR LOT BECAUSE IT'S A CORNER LOT DOUBLE FROMAGE.

BUT THIS IS REALLY THE REAR HERE, BUT THE REAR, WE DO NOT HAVE ENOUGH SPACE TO ACCOMMODATE THE POOL HERE.

THAT'S NOT WHERE'S THE FRONT DOOR OF THE HOUSE? UH, LET'S SEE.

THE FRONT DOOR IS FACING.

YEAH, BUT THIS ADDRESS, THIS SITE IS THE ADDRESS OF ASPEN DRIVE.

RIGHT.

SO THE FRONT DOOR, THE FRONT OF THE HOUSE, THE REAR IS UP THE SIDE, I SHOULD SAY THE SIDE NOT HAVE ENOUGH ROOM TO ACCOMMODATE THE U.

RIGHT.

THANK YOU SIR.

AND THIS IS THE REAR AND THE REAR HAS LIKE A, A UTILITY EASEMENT THERE AND WE DO NOT HAVE ENOUGH SPACE, YOU KNOW, OUTSIDE THE UTILITY EASILY TO ACCOMMODATE THE, THE POOL.

SO THE ONLY SIDE TO BE UTILIZED TO ACCOMMODATE THIS FOR BOTH POOL WOULD BE THIS THE ION SIDE OF THE PROPERTY.

PICK UP ONE SLIDE FROM THAT ONE.

YEAH, SO THIS IS THE, THE, THE REAR.

SO THE POOL LOCATION THERE IS DIFFERENT THAN THE POOL LOCATION IN THE OTHER PICTURE IT'S JUST TURNED THE SAME, IT'S JUST TURNED THE ORIENTATION PICTURE'S TURNED STILL UP BY THE STREET.

YEAH, BUT LOOK AT THE POOL'S PARALLEL TO THE HOUSE WALL.

PICK UP ONE THERE.

IT'S NOT YEAH, THAT'S A VERY GOOD QUESTION AND VERY GOOD.

WHICH IS IT? SO THIS, THIS MAP SHOWS WHAT THE APPLICANT PROPOSE PROPOSES TO DO, YOU KNOW, LIKE, UH, YOU KNOW, TO REORIENT THIS UH, SWIMMING POOL IF THE BOARD IS WILLING TO GRANT THIS, UH, VIRUS, THIS OTHER WILLING TO REORIENT THIS POOL AND UH, YES, YOU ARE RIGHT SIR.

SO HERE THIS IS WHAT IS ACTUALLY UNDERGROUND.

OKAY.

SO WHICH IS A LITTLE BIT EVEN CLOSER TO THE PROPERTY LINE.

GOTCHA.

THEN WHAT IS BEING PROPOSED HERE? ABOUT THREE FEET DIFFERENCE.

BECAUSE WHAT'S PROPOSED HERE, THE DISTANCE IS ABOUT 8.7 FEET ON THE GROUND HERE.

THE DISTANCE BETWEEN THE EDGE OF THE POOL TO THE SIDE PROPERTY LINES ABOUT 5.5.

SO IT'S MOVING IT.

YES.

SO IF IF WE GRANT THE VARIANCE, HE'S STILL MOVING THE POOL.

YEAH, HE'S MOVING.

BUT EVEN AFTER THE, THE REORIENTATION OF THE POOL LIKE LEAST STILL MEETING THE ZONING REQUIREMENT.

SO, SO LET ME, LET ME MAKE SURE I, I UNDERSTAND THIS THEN THE APPLICANT AND WE'LL HEAR FROM THE APPLICANT IN A MINUTE.

BUT THE APPLICANT UNDERSTANDS THAT HE MUST MOVE HIS POOL.

NOW THIS IS HIS PROPOSAL AND HE IS ASKING FOR A VARIANCE FOR THIS SPECIFIC PROPOSAL.

YES, EXACTLY.

YES.

GOT IT.

I'M GLAD YOU POINTED THAT OUT.

THANK YOU.

THANK YOU, THANK YOU.

ANOTHER QUESTION, UM, THE OTHER POOLS THAT ARE WITHIN THE 300 FEET OF THE PROPERTY HERE, UH, WERE THOSE POOLS ALL PERMITTED AS FAR AS YOU, DO YOU HAVE ANY REASON TO BELIEVE THEY WEREN'T? AS I MENTIONED PREVIOUSLY, YOU KNOW, LIKE, UH, THE STAFF HAS NOT CHECKED ON THIS INDIVIDUALLY AND THEY JUST NEED AN OVERALL VICINITY AREA ANALYSIS RATHER THAN LIKE, UH, DELVING INTO EACH SPECIFIC LOCATION AND YOU HAVE LOOKED THE HISTORICAL RATE.

SO LOCK PART WAS NOT PERFORMING TO VERIFY IF EVERY SINGLE POOL WITHIN 300 FEET WAS EVER PERMITTED.

SO ONE LAST QUESTION.

IF NEIGHBORS DON'T HAVE A PROBLEM, HOW DID THE CITY FIND OUT ABOUT? THAT'S ANOTHER VERY GOOD QUESTION.

INTERESTING ONE BECAUSE THEY WERE SOME OTHER BUILDING, UH, RELATED BUILDING PERMIT RELATED APPLICATION AND ONE OF OUR REVIEWER FROM ANOTHER APPLICATION FROM THE LEASE AND BROUGHT THIS

[00:30:01]

GOTCHA.

OKAY.

OTHERWISE WE SAW LAB PART, IT WOULD NOT HAVE BEEN BROUGHT HERE.

RIGHT.

AND I CAN APPRECIATE, YOU KNOW, THE QUESTIONING, ESPECIALLY WHEN YOU SEE PERMITS NOT HAPPENING ACROSS THE CITY.

FOR ME, AGAIN, THAT'S NOT AN EXCUSE THAT THERE'S OTHER PEOPLE WHO HAVE DONE THINGS WITHOUT PERMITS.

THAT'S NEVER A GOOD ANSWER.

SO THAT'S WHY AT LEAST FOR ME, I'M HOPING THE APPLICANT WILL TELL US WHY HE DIDN'T GET ALONG.

SURE.

I JUST WAS CURIOUS 'CAUSE YOU CAN'T SEE IT FROM THE FENCE.

YEAH, EXACTLY.

EXACTLY.

OKAY, THANK YOU SO MUCH.

SO, SO RESOLUTION TO BE IN COMPLIANCE WOULD MEAN NOT ONLY SW SWINGING THE POOL TO BE PARALLEL WITH THE SIDEWALL, BUT ALSO MOVING IT FORWARD, WHICH WOULD REQUIRE RELOCATING THE FENCE THAT APPEARS TO BE IN FRONT OF IT.

RIGHT? HOWEVER MANY FEET IT TAKES TO, TO GET DOWN TO GET THE 15 FEET.

OKAY.

UH, LADIES AND GENTLEMEN, DO YOU HAVE ANY MORE QUESTIONS FOR STAFF RIGHT NOW? NO.

THANK YOU FOR YOUR TIME.

THANK YOU.

UM, ALRIGHT.

UH, NEXT UP IS OUR OPPORTUNITY FOR CITIZENS COMMENT.

UH, AND WE DO HAVE ONE PERSON REGISTERED TO SPEAK AT THE PUBLIC HEARING AS MR. RICARDO ALVERA.

MR. ALVERA, BEFORE YOU SPEAK, I NEED TO READ SOME REMARKS ABOUT HOW OUR CITIZENS' COMMENT PORTION WORKS.

THE PURPOSE OF CITIZENS' COMMENT IS TO GIVE CITIZENS THE RIGHT TO EXPRESS THEIR VIEWS.

ANYONE DESIRING TO SPEAK THAT HAVE SIGNED THE APPROPRIATE LIST IN THE FOER, EACH CITIZEN SHOULD GIVE THEIR NAME AND ADDRESS TO PROVIDE A PROPER RECORD.

THE RULES ALLOW EACH PERSON ONE MINUTE TO SPEAK.

A CITIZEN MAY PASS THEIR TIME TO ANOTHER PERSON WHO REQUESTED TO ADDRESS THE BOARD OF ADJUSTMENT.

HOWEVER, NO CITIZEN'S REMARKS SHALL EXCEED THREE MINUTES.

THE ONE OR THREE MINUTE LIMIT MAY BE EXTENDED BY A MAJORITY VOTE OF THE BOARD.

I ENCOURAGE EVERYONE TO BE CONCISE.

PLEASE KEEP IN MIND THE BOARD CANNOT DISCUSS OR DELIBERATE ITEMS FOR WHICH PUBLIC NOTICE HAS NOT BEEN GIVEN ON THIS AGENDA.

ISSUES AND CANNOT BE REFERRED TO ADMINISTRATION FOR ACTION MAY BE CONSIDERED FOR PLACEMENT ON THE AGENDA OF A FUTURE BOARD OF ADJUSTMENT AGENDA.

SO, UM, MR. ALVARO, WOULD YOU STAND UP AND SPEAK TO US PLEASE? MADAM CHAIR? POINT OF ORDER REAL QUICK.

UM, AS MR. ALVERA IS THE APPLICANT, UM, HE, HE WOULD'VE LONGER THAN ONE MINUTE.

THANK YOU.

THANK YOU FOR THAT REMINDER.

YEAH, SO YOU, YOU DO HAVE LONGER THAN ONE MINUTE.

OKAY, THANK YOU.

SO IDENTIFY YOUR NAME AND YOUR ADDRESS.

RICARDO RA AT 68 35 .

UM, CAN I CHANGE THAT PICTURE REAL QUICK? YES, PLEASE.

OKAY.

SO, UM, WHEN I BOUGHT THE PROPERTY, I BOUGHT IT 'CAUSE OF THE, THE LAND AND WHAT I CAN DO, RIGHT.

UM, THE POOL WAS INSTALLED LAST YEAR BECAUSE WHEN I SUBMITTED TO MY HOA, THE HOA BY THEIR BYLAWS DOES NOT REQUIRE PERMIT ON NON, ON NON-PERMANENT STRUCTURES.

SO THEY CONSIDERED THE POOL TO BE A NON-PERMANENT STRUCTURE.

SO THEY DIDN'T REQUIRE A PERMIT.

I GOT THE POOL INSTALLED BY, UM, A COMPANY HERE ON 1 46 AND THEY TOLD ME THAT BECAUSE IT'S AN ABOVE GROUND POOL, THEY DON'T DO PERMITTING FOR THAT ALSO.

SO THAT'S WHY I DIDN'T PURSUE A PERMIT.

IF I KNEW I NEEDED A PERMIT, I WOULD, I WOULD'VE GOT THAT I $30, $40 PERMIT WOULDN'T HAVE DONE NOTHING TO RIGHT.

BUT, SO I INSTALLED THE POOL, I DID EVERYTHING, UM, BY THE HOA RULES THAT THEY REQUIRED, WHICH WAS UH, JUST SUBMITTING THE PERMIT.

I DID ALL THAT BEFORE I EVEN INSTALLED THE POOL.

SO I HAVE LETTERS FROM THE HOA APPROVING THE INSTALL OF THE POOL AND MY FLOATING DECK, WHICH I HAVE IN THE BACKYARD ALREADY.

SO EVERYTHING THAT YOU SEE THERE IS ALREADY INSTALLED.

THEY ALSO TOLD ME NOT TO GO OVER THE FIVE FEET BECAUSE WHEN I SUBMITTED MY SURVEY, THE SURVEY DOESN'T HAVE A 15 FOOT SETBACK.

IT DOESN'T SHOW ANYTHING.

SO I DID NOT KNOW, THEY DIDN'T KNOW THAT THERE'S A SETBACK OF 15 FEET.

THEY ONLY THINK IT'S A FIVE FOOT SETBACK BECAUSE IT DOESN'T SHOW THAT IN ANY OF MY SURVEYS.

SO THE ORIGINAL SURVEY THAT I GOT WHEN I BOUGHT THE PROPERTY DOESN'T SHOW A 50 FOOT SEVEN.

IT ONLY SHOWS THE 10 FOOT, UH, UTILITY EASEMENT IN THE BACK.

SO WHEN I TRIED TO FIRST I WAS GONNA PUT THE POOL IN THE BACK.

THEY DENIED THAT BECAUSE OF THE UTILITY LINES OR UTILITY UNDERGROUND.

SO I MOVED IT TO THE SIDE.

THEY, I WE PERMITTED WITH THE HOA OR APPROVED IT BY THE HOA AND THEY APPROVED IT.

SO THEN I DID A FLOATING DECK AND THEY APPROVED THAT PART TOO BECAUSE THAT'S A FLOATING DECK, NOT ANYTHING IN CONCRETE OR SET IN STONE.

SO THAT'S THE REASON I, I DIDN'T PURSUE A PERMIT 'CAUSE I DID NOT KNOW THAT.

AND I ACTUALLY CALLED KEY LINE POLES AND THEY TOLD ME THEY DON'T DO PERMITS.

SO I WAS LIKE, WELL OKAY.

SO I'M TRYING TO SEE IF, UH, IF, IF I MEAN IT'S INSTALLED, I MEAN I WOULD LIKE TO LEAVE IT THERE 'CAUSE ALREADY THERE I DON'T HAVE A LOT OF SPACE

[00:35:01]

UH, THAT WOULD HAVE TO BE APPROVED BY THE HOA AND GET ANOTHER PERMIT FROM THE CITY TO DO ALL THAT.

UM, I'M ALREADY LOSING TWO OR THREE FEET FROM THE FENCE TO THE PROPERTY LINE, WHICH THE FENCE IS ON.

THE, UH, ON THE FENCE IS ACTUALLY ON THE UH, UH, SETBACK BECAUSE IT'S NOT ON THE PROPERTY LINE.

THE FENCE IS ACTUALLY ON THE SETBACK.

SO THAT'S WAS ANOTHER REASON THAT I'M STILL KIND OF CONFUSED ON THAT 'CAUSE I DIDN'T KNOW ALL THE SETBACK REGULATIONS.

UM, BUT THAT'S IT.

I DUNNO IF YOU HAVE ANY QUESTIONS OR JUST A COMMENT, UM, I APPRECIATE, FIRST OF ALL, THANK YOU FOR, FOR THE EXPLANATION 'CAUSE I HOPE YOU CAN APPRECIATE ACROSS THE CITY.

THERE'S A LOT OF WORK DONE.

THE PERMITS MM-HMM SO THERE'S NEGLIGENCE AND THEN THERE'S JUST NOT KNOWING.

I GUESS I CAN APOLOGIZE TO YOU THAT THE HOA ACTED OUT OF IGNORANCE.

I'LL SAY I DIDN'T, I'M SURE THEY DIDN'T PURPOSELY MISGUIDE YOU.

HOAS NORMALLY ARE MORE RESTRICTIVE THAN THE CITY.

IF THEY DID NOT REQUIRE A PERMIT, THEY SHOULD HAVE SENT YOU TO THE CITY IF IT WASN'T UNDER THEIR JURISDICTION.

BUT TO TELL YOU SOMETHING INCORRECT MM-HMM .

IS UNFORTUNATE 'CAUSE THAT GETS US TO WHERE WE ARE TODAY.

SO, BUT AT LEAST IN MY MIND, YOU KNOW, I DON'T SEE ANYTHING WRONG.

AT LEAST YOU TRIED TO ASK THE QUESTION, YOU JUST GOT THE WRONG ANSWER FROM THE WRONG ENTITY.

SO NOW WE AS A GROUP HAVE TO DECIDE HOW IMPORTANT IT IS TO SUPPORT THE ULDC AND WORK THAT THE STAFF DOES ON THAT ONE.

SO THANK YOU FOR YOUR COMMENTS.

AND UM, JUST TO SAY THAT, UM, I KNOW ME AND TIM SAT DOWN AT ONE POINT AND WE DID GO OVER, I DON'T UNDERSTAND THAT, YOU KNOW, IT'S NOT ANYBODY ELSE'S FAULT THAT THEY DIDN'T GET PERMITS.

BUT WHEN I TALKED TO HOA ABOUT THIS ISSUE, THEY TOLD ME THAT THERE'S PLENTY OF POOLS IN THE NEIGHBORHOOD THAT DON'T HAVE PERMITS.

AND WE'VE CHECKED A COUPLE OF ADDRESSES, DIDN'T HAVE PERMITS IN THERE.

SO I'M NOT SAYING THAT'S THE REASON TO LET ME PASS BY, BUT I MEAN I FEEL LIKE I'M GETTING SINGLED OUT COMPARED TO OTHER PEOPLE IN THE NEIGHBORHOOD THAT'S ALREADY BEEN THERE FOR YEARS.

I MEAN IT'S, THAT NEIGHBORHOOD'S BEEN THERE FOR YEARS AND NOBODY'S EVER HAD A PERMIT ON THERE.

BOTH AROUND CLOSE.

I DON'T MIND IF THE CITY COMES AND SAYS, HEY, I NEED YOUR VOLVO.

I'LL GET MY THE COMPANY TO COME IN AND MOVE THE POOL.

I'LL DO WHAT Y'ALL NEED TO DO ON, YOU KNOW, UNDERGROUND OR WHATEVER IT NEEDS TO BE.

AND THAT'S THE REASON THAT I PUT A IN-GROUND POLE 'CAUSE I REALLY DIDN'T EXTRA MONEY AND IT'S A LOT OF PERMIT .

SO THAT'S THE REASON I DID AN ABOVE GROUND POOL, KNOWING THAT IT'S NOT A PERMANENT STRUCTURE, THAT I CAN AT LEAST GET IT AND MOVE IT IF I NEEDED TO OR TAKE IT DOWN.

MY PLAN WAS TO HAVE IT FOR FIVE YEARS AND THAT'S WHAT THE REALLY, THE POOL LAST FIVE, SEVEN YEARS.

SO MY WHOLE THING IS MAKING SURE I CAN ENJOY IT FOR FIVE YEARS.

AND SO ARE YOU COMFORTABLE AND, AND I ALWAYS APPRECIATE WHERE THE APPLICANTS AND THE STAFF HAVE A CORDIAL RELATIONSHIP AND ARE WORKING TOWARDS A COMMON SOLUTION, WHICH HONESTLY YOU BOTH HAVE DESCRIBED.

ARE YOU COMFORTABLE THAT IF THE DECISION WAS MADE TO DENY ON THIS, THAT YOU AND THE CITY COULD COME TO AN AGREEMENT THAT WOULD MEET BOTH YOUR DESIRES AND MEET THE CITY'S ULDC? COULD YOU, DO YOU THINK YOU CAN COME TO AN AGREEMENT WITH THE CITY? YEAH, I MEAN, I'M SURE I CAN.

I MEAN, I REALLY HAVE NO CHOICE.

SO IT'S LIKE, WELL I JUST SEE, WELL IF I GOTTA TAKE IT DOWN, I GOTTA TAKE IT DOWN.

I JUST, WELL WHEN YOU MENTIONED BEING SINGLED OUT AND THAT WAS THE REASON I ASKED THE QUESTION.

YEAH.

BASED ON THE AERIAL FIRST AERIAL PHOTO, WELL, LOOKED TO ME, AND I'M NOT, I DUNNO THAT YOU'VE ONLY SEEN BY FAR, I DON'T ANY OF STUFF, BUT IT LOOKED LIKE THERE WERE SOME POOLS THAT WERE, WE, WE'VE HAD POOLS COME TO US BEFORE MM-HMM .

AND SO THAT WAS THE REASON I ASKED, YOU KNOW, AND, AND IF, IF, IF IN REQUESTING OTHER PERMITS, UM, THE, YOU KNOW, THE CITY UNDERSTANDS OR DISCOVERS THAT, HEY, WE HAVE ANOTHER PROBLEM, YOU KNOW, THAT'S, THAT'S, THAT'S FAIR.

IT'S NOT, I DON'T FEEL LIKE THAT'S YOU WERE SINGLED OUT AND, AND THAT NO ONE ELSE IS BEING ADDRESSED WITH THEIR, THEIR CONCERNS.

AND SO THAT WAS IMPORTANT FOR ME TO UNDERSTAND.

SO AGAIN, I REITERATE THAT, YOU KNOW, IT'S, IT'S THAT JUST WHAT MY HR WOULD'VE TOLD ME, HEY, DO YOU NEED A PERMIT? YOU KNOW, I THINK AT ANY POINT IF THEY WOULD JUST SAY, HEY, WE DON'T REQUIRE, BUT PLEASE CHECK WITH THE CITY IS PROBABLY THE BEST ADVICE.

THE APPROVAL LETTER DOESN'T HAVE THAT.

SO IT WAS JUST SOMETHING THAT I GOT.

I UNDERSTAND.

STARTING CONSTRUCTION, I UNDERSTAND IF I CAN ADD THIS, IT'S NOT ONLY IS IT DISTRESSING THAT YOUR HOA GAVE YOU MISGUIDED, MISLEADING INFORMATION, BUT YOUR CONTRACTOR, THE PROFESSIONALS.

YES.

UH, ALSO, OH, TRUST ME, I GAVE THEM A CALL.

I BET YOU DID.

UH, AND IT'S NOT THEIR FIRST POOL.

YES.

WELL, PRESUMABLY, AND, AND THAT I I HOPE YOU LAID IT ON THICK.

I JUST GOTTA TELL YOU YOU DID, BARB, THE WAY I HEARD THE WORDING WAS IS THAT THE POOL PEOPLE

[00:40:01]

SO THAT'S NOT UNUSUAL THAT THEY'RE NOT GONNA GO THROUGH THAT PROCESS AGAIN.

EITHER ONE OF THEM COULD HAVE STEERED HIM BACK TO THE CITY.

AND, AND YES, I, I CERTAINLY HAVE ON A PERSONAL, MY, MY PERSONAL LIFE HAVE DEALT WITH CONTRACTORS WHO WANT TO TAKE THAT APPROACH.

AND GUESS WHAT? THEY'RE NOT THE CONTRACTORS THAT WORK FOR ME.

RIGHT.

BUT THAT'S NEITHER HERE NOR THERE.

I THINK THE OTHER UNFORTUNATE THING IS, YOU KNOW, YOU GET A SURVEY OF YOUR, OF YOUR LAND AND OTHER SETBACKS YOU'RE NOT AWARE OF.

YES.

YOU KNOW, YOU'VE GOT UTILITY EASEMENTS AND, AND ALL THOSE NORMAL FIVE FOOT FROM THE FENCE, YOU KNOW, BETWEEN HOUSES THAT ARE REQUIRED.

BUT THEN YOU FIND OUT THERE'S A 15 FOOT SETBACK ADDED TO ACTUALLY, IF I WOULD'VE KNOWN THAT, I DON'T THINK I WOULD'VE BROUGHT THE PROPERTY.

NO USE.

THAT'S A LOT OF, YOU DON'T GET USED TO GET, YOU KNOW, ESPECIALLY WITH THAT UNUSUAL YES.

AND THAT'S THE REASON I LOVE THE PROPERTY.

'CAUSE I WAS LIKE, WELL I GET THIS WHOLE BACKYARD TO MYSELF, THE SIDE YARD THROUGH MY LITTLE PARADISE AND I MEAN, IT TOOK ME TWO AND A HALF YEARS TO DO A POOL, BUT YOU KNOW, IT'S, IT GOT THERE, BUT NOW I'M JUST HAD THE PERMIT ISSUE.

RIGHT.

SO, UM, BUT I MEAN IT'S JUST SOMETHING THAT I WAS, I WAS NOT THINKING THAT IT WAS A PERMIT NEEDED FOR THAT REASON.

OA I WAS STEERED THAT WAY, NOT KNOWING.

AND BY WHAT THEY TOLD ME IS THEIR BYLAWS DON'T REQUIRE FOR NON-PERMANENT STRUCTURE.

AND, AND I WOULD, I WOULD SAY MY ONLY EXPERIENCE AND SOMETHING SIMILAR WAS PERSONALLY I BUILT THE POOL AND ALL I WAS TOLD WAS THE DECKING JUST COULDN'T BE AND THE SETBACK THAT THE POOL ITSELF COULD, THE DECKING COULD BE OVER IT.

YOU'VE GOT A STRUCTURE THAT'S NOT IN GROUND.

IT'S NOT PERMANENT.

IT SEEMS LIKE THAT, LIKE YOU SAID, YOU COULD MOVE IT IF YOU HAD TO.

YES.

UH, BUT I, IT'S NOT THERE FOR UTILITY EASEMENT PURPOSES.

IT'S THERE FOR STRICTLY SETBACK AND HOW CLOSE YOU CAN BE TO THE PROPERTY LINE ON THE STREET SIDE, WHICH IS, YOU KNOW, UNFORTUNATE FOR YOU.

WE, WE'VE SEEN THAT WHERE PROPERTY OWNERS HAVE A LOT OF PROPERTY.

THEY THINK THEY HAVE A LOT OF PROPERTY TO WORK WITH, BUT THEY DON'T AND THEY DON'T KNOW THAT FROM THEIR SURVEY.

YEAH.

AND I WISH, SO I WISH THE SURVEYS WOULD MARK DOWN, HEY YOU HAVE THAT.

THEY, THEY WOULD HAVE IN THE TAX DEPART, THEY WOULD HAVE TO PUT THE UH, YEAH, THEY WOULD'VE TO PUT, YOU KNOW, IN CITY'S SETBACK REQUIREMENTS I GUESS IN THERE.

UNFORTUNATE, UNFORTUNATE TO READ THIS POINT.

BOARD MEMBERS DO.

DOES ANYBODY HAVE ANY OTHER QUESTIONS FOR MR NO MORE QUESTIONS FOR YOUR TIME AND FOR YOUR ANSWER.

THANK YOU SIR.

THANK YOU.

ALRIGHT.

UM, STAFF, ANYTHING ELSE YOU NEED US TO KNOW? NOPE.

NO.

ALRIGHT.

ANY QUESTIONS OR GENERAL DISCUSSION ABOUT THE ISSUE? NO.

UH, IS SOMEBODY PREPARED TO OFFER A MOTION ON THIS VARIANCE REQUEST? OKAY.

SO FOR AS IT IS I MAKE A MOTION TO DENY MOTION HAS BEEN MADE BY MR. TROLLER TO DENY THE REQUEST FOR VARIANCE.

IS THERE A SECOND ON MR. ER'S MOTION? NO.

SECOND.

BECKY A SECONDED THAT MOTION.

ANY DISCUSSION ON THE MOTION? AND SECOND.

ALRIGHT, LET'S TAKE A VOTE.

ALL IN FAVOR OF THE MOTION TO DENY THE VARIANCE SIGNIFY BY SAYING AYE.

AYE.

AYE.

ANY OPPOSED? NAY.

I'LL HAVE TO REMOVE THE CORRECTION.

WELL THE GOOD NEWS IS YOU HAVE A COUPLE OF MONTHS BEFORE SWIM SEASON GETS THERE.

WELL, AND WHAT I SEE HERE IS A DESIRE STAFF'S PART AND YOUR PART TO COME UP WITH AN ACCEPTABLE SOLUTION.

SO I I'M SORRY IF YOU HAVE TO MOVE IT, I'M NOT SORRY FOR THE VOTE BECAUSE THE WORD HAS TO GET BACK TO THE HOA THAT THEY'VE ACTED OUT OF COMPLIANCE.

SO OBVIOUSLY YOU'LL TELL THEM YEAH.

THAT THIS DID NOT, I JUST DON'T SEE HOW MOVING THE FENCE FORWARD AND PUTTING THE FORWARD, IT'S, IT'S, IT'S JUST TO ME THE, THE WAY IT'S GONNA LOOK, IT'S GONNA LOOK COMPARABLE.

I MEAN, I WILL MOVE IT IF I HAVE TO, I'LL MOVE THE FENCE OVER AND ALL THAT, BUT TO ME IT'S NOT GONNA LOOK PRETTY NOW I FEEL LIKE IT'S GONNA LOSE VALUE ON EVERYBODY ELSE'S HAVING A POOL TO THE FRONT YARD.

WELL, ISN'T THIS WHERE YOU CAN AT LEAST LOOK AT OPTIONS TO AT LEAST TELL HIM? I MEAN, THERE'S PROBABLY NOT ONE WAY OF SOLVING THIS.

SO IT'S, IT IS A DISCUSSION.

IS THERE A WAY THAT YOU CAN, UH, MINIMIZE THE SIZE OF THE POOL? UM, POOL'S ALREADY THERE.

IT'S ALREADY PURCHASED.

YEAH.

IT'S THERE.

YEAH, THAT WOULD, YEAH.

WELL WE WILL CERTAINLY WORK WITH HIM TO TRYING TO FIND A SOLUTION.

ONE OF THE THINGS THAT I ALSO WANT TO CLARIFY ON OUR PART IS, YOU KNOW, THESE 10 CRITERIA, THEY ALL HAVE TO BE MET.

AND WHEN, WHEN THERE'S SEVERAL THAT, YOU KNOW, I I, I COULD HAVE LOOKED AT SOME OF THESE AND SAID, YOU KNOW, THIS IS NOT YOUR, YOU KNOW, FAULT, WHATEVER, BUT THERE WERE JUST TOO MANY OF 'EM TO OVERCOME.

MM-HMM .

JUST THE FACTS AND YOU KNOW, AS FAR AS GETTING A PERMIT OR NOT, YOU KNOW, WE'RE PAST THAT POINT.

YEAH, YEAH.

YOU KNOW, IT JUST IS WHAT IT IS.

WE DEAL WITH THIS A LOT, BUT UH, IT'S JUST UNFORTUNATE ALL THE UNKNOWNS THAT WE'RE GOT YOU TO THIS POINT AS MR. CHARLES BEING A NON-PERMANENT STRUCTURE DOESN'T, AND I'M SURPRISED BY, BUT YOU KNOW, WE, YEAH, I'M NOT AWARE OF THAT.

MR. AVARO, WE THANK YOU FOR COMING VISIT.

WE WISH YOU THE BEST OF LUCK.

[00:45:02]

[a. Receive a report from the Director of Planning and Development Services.]

SO DON'T HAVE TOO MUCH FOR YOU ALL.

UM, AS YOU ALL SHOULD BE AWARE, UM, OUR NEW ULDC WENT INTO EFFECT JANUARY 1ST.

UM, SO WE HAVE ALREADY, UH, MADE SEVERAL CHANGES TO THE, THE CODE THAT WERE AGREED BY, UH, THAT THE COUNCIL IN DECEMBER, UM MM-HMM .

AS WE'VE MENTIONED, THIS IS A LIVING DOCUMENT.

UM, SO WE'LL CONTINUE TO MAKE THOSE CHANGES.

SO IF YOU ALL DO SEE ANYTHING THAT DOESN'T MAKE SENSE OR ANYTHING LIKE THAT OVER THE NEXT COUPLE OF MONTHS, IF WE BRING THAT TO STATUS'S ATTENTION, UM, WE WILL HOLD A, A TRAINING WITH YOU ALL.

UM, WE'LL KIND OF LOOK AT Y'ALL'S AVAILABILITY, UM, AND SCHEDULE SOMETHING, UH, PROBABLY EITHER IN FEBRUARY OR MARCH, UM, JUST WHERE WE GET TOGETHER FOR A HALF HOUR OR WHATEVER, KIND OF WALK YOU ALL THROUGH THE CODE, WHERE TO FIND THINGS, UM, AND ALL OF THAT.

UM, SO I'M VERY, VERY EXCITED ABOUT THAT.

UH, THE ONLY OTHER ITEM I HAVE IS WE DO HAVE A NEW FACE IN OUR DEPARTMENT.

UM, SHE'S NOT NECESSARILY NEW TO THE CITY.

UM, THIS IS HER SECOND GO AROUND WITH THE CITY, BUT, UH, JENNA OLIVER, SHE IS OUR, UH, NEW GIS SPECIALIST.

SO YOU, YOU DON'T, UH, YOU WON'T WORK WITH HER VERY OFTEN, BUT SHE IS A MEMBER OF DEPARTMENT.

SEE MY MAPS? YEAH.

YEAH.

YOU'LL, YOU'LL SEE, YOU'LL SEE HER MAPS AND, AND THAT IS ONE THING SHE WILL BE WORKING ON OVER THE NEXT, UH, PROBABLY BY THE TIME YOU GUYS GET ANOTHER, UH, WE HAVE ANOTHER MEETING.

THERE SHOULD BE SOMETHING MORE FROM THE MAP FOR Y'ALL.