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GOOD AFTERNOON.I CALLED TO ORDER THE NOVEMBER 18TH, 2024 MEETING OF THE BOARD OF ZONING APPEALS.
MS. PARKER, DO WE HAVE A QUORUM? YES, SIR.
MR. CHAIRMAN, WE HAVE A QUORUM.
OUR VARIANCE TODAY IS IN DISTRICT FOUR VAR 20 24 1 DAWN G FAISON JR.
AND LYNN K FAISON REQUESTING A VARIANCE TO THE FRONT YARD ACCESSORY STRUCTURE SETBACK REQUIREMENTS OF SECTION 15 1 93 OF THE COUNTY CODE.
THE 1.523 ACRE PROPERTY IS ZONED RESIDENTIAL PLANNED UNIT DEVELOPMENT RPUD, AND LOCATED AT 9 0 3 KINLOCK POINT LANE ON TAX MAP NUMBER 58 49 9 21 0.
THE COMPREHENSIVE PLAN DESIGNATES THE PROPERTY, SINGLE FAMILY RESIDENTIAL MEDIUM DENSITY.
WOULD THE APPLICANT OR APPLICANT'S REPRESENTATIVE PLEASE COME FORWARD AND PROVIDE YOUR PRESENTATION? YOU DO HAVE, IF YOU NEED IT, 10 MINUTES TO MAKE THAT PRESENTATION.
DO I, WHERE DO I FLIP THE SLIDE? IS IT THE SAME? YEP.
AND THE WHITE BUTTON WILL ADVANCE YOU.
I'M REPRESENTING MR. AND MRS. FAISON ON THEIR VARIANCE REQUEST.
WHAT'S BEING PROPOSED IS AN ACCESSORY STRUCTURE.
ACCESSORY STRUCTURES ARE CUSTOMARY, INCIDENTAL, AND SUBORDINATE TO THE PRIMARY STRUCTURE.
SPECIFICALLY WHAT WE'RE LOOKING FOR IS A, IS A PRIVATE WELLNESS STRUCTURE FOR THE PROPERTY OWNERS.
NOT ONLY MR AND MRS. PEON, BUT THEIR ADULT DAUGHTER WHO HAS AUTISM.
IT'S AN AREA THAT THEY ENVISION BEING A PLACE WHERE THEY CAN MENTALLY, PHYSICALLY, AND EMOTIONALLY RECREATE.
SO THAT'S THE PURPOSE OF THE ACCESSORY, OF WANTING TO HAVE THE ACCESSORY STRUCTURE THERE.
THE ARCHITECTURE IS CONSISTENT WITH THE SURROUNDING COMMUNITY.
AS YOU ALL CAN SEE FROM THE ELEVATIONS.
IT'S WELL ARCHITECTURED, WELL DESIGNED STRUCTURE.
THIS IS JUST A LITTLE BIT OF THE OVERVIEW.
THE, THE, ON THE LEFT HAND SIDE IS, IS THE PROPERTY.
WE'LL GET INTO SOME OF THE, THE SPECIFICS IN JUST A MINUTE.
THE PHOTO ON YOUR RIGHT, MY RIGHT HAND SIDE IS LOOKING OUT FROM THE, THE REAR OF THE PROPERTY TOWARDS THE LAKE AND TOWARDS THE GOLF COURSE.
SO WHAT WE'RE ARGUING IS THAT, AGAIN, WE'RE LOOKING AT THE, THE TOTALITY OF THE PROPERTY AND WHAT WE BELIEVE IS, UM, LOOKING AT BOTH THE, THE ORDINANCE AND THEN SOME OF THE, SOME OF THE REQUIREMENTS OF THE HOA.
WHAT WE HAVE IS JUST SHOW YOU, UM, THE ARCHITECTURAL, THE ARCHITECTURAL REVIEW BOARD, THE A RB FOR KEN LOCK IS, HAS ALREADY STATED AND INDICATED IN THEIR LETTER THAT I BELIEVE YOU ALL HAVE HAD A CHANCE TO READ OVER THAT THE ACCESSORY STRUCTURE IS NOT APPROPRIATE IN THE REAR YARD.
WHEN YOU COMBINE THAT WITH THE COUNTY'S ORDINANCE SUGGESTING THAT THERE'S NO, UH, UH, ACCESSORY STRUCTURES IN THE SIDE OR THE FRONT YARD, WHAT WE HAVE ON THIS PROPERTY AS IT STANDS NOW, IS THERE'S NOWHERE TO PUT AN ACCESSORY STRUCTURE.
AND I THINK IT'S IMPORTANT TO UNDERSTAND THAT ACCESSORY STRUCTURES, AMERICAN LAND USE PATTERNS HAVE DEVELOPED, ACCESSORY STRUCTURES ARE PART OF THAT, ESPECIALLY WHEN WE'RE TALKING ABOUT SINGLE FAMILY RESIDENTIAL STRUCTURES, DETACHED GARAGES, SHEDS.
IT'S PART OF HOW WE'VE DEVELOPED.
AND SO IT'S REAL, THEY REALLY ARE INCIDENTAL AND CUSTOMARY PART OF SINGLE FAMILY RESIDENTIAL.
SO WE THINK THAT ACCESSORY STRUCTURES ARE AN IMPORTANT PART OF, OF HOW WE, HOW WE'VE DEVELOPED.
THE, THE APPLICATION IS NOT CONTRARY TO THE ZONING ORDINANCE.
I COULDN'T FIND ANYTHING OTHER THAN THE PARTICULAR CODE SECTION THAT WAS, UH, THAT WE WERE GONNA, THAT WE NEEDED A VARIANCE FROM OR A WAIVER FROM IN TERMS OF SIDE DIRT, SETBACK HEIGHTS, THOSE KIND OF THINGS.
SO WE THINK THAT EVERYTHING ELSE IS IN LINE WITH NOT ONLY THE, THE ZONING ORDINANCE, BUT THE COMPREHENSIVE PLAN.
I THINK IT'S ALSO IMPORTANT TO UNDERSTAND THAT IN THE RPU, THE RPUD DISTRICT, THERE IS A REQUIREMENT BY THE COUNTY TO CREATE AN HOA, AND I THINK IT'S IMPORTANT TO UNDERSTAND WHY THERE'S THAT REQUIREMENT.
I THINK PART OF THE REASON IS TO, FOR THE, THE CONSIDERATION AND THE MAINTENANCE OF COMMON AREAS OF, OF UTILITIES, AND OF O OTHER ASPECTS OF THE COMMUNAL LIFE.
BUT I THINK PART OF THAT IN ALMOST EVERY HOA THAT I HAVE DEALT WITH, THERE'S ASPECTS OF AESTHETICS ASPECTS, ASPECTS OF, OF PLACEMENT, ARCHITECTURE, THOSE KIND OF THINGS THAT ARE PART OF THE HOA AND I THINK THERE'S A LITTLE BIT OF SELF-GOVERNANCE THAT IS IMPLIED WITH HOAS, SELF-GOVERNANCE, SELF SELF SUSTAINABILITY.
AND I THINK THAT THAT'S PART OF HAVING AN HOA AND THE, AND IT'S NOT THAT THE HOA WAS VOLUNTARILY
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FORMED.IT WAS REQUIRED TO BE FORMED BY A COUNTY ORDINANCE.
THE PROPERTY WAS ACQUIRED IN GOOD FAITH.
THERE WERE NO KNOWN VIOLATIONS WHEN IT WAS ACQUIRED.
AGAIN, ANY KIND OF HARDSHIP THAT WE'RE, WE ARE LOOKING AT IS WE, AGAIN, WE WANNA HAVE AN ACCESSORY STRUCTURE, WHICH AGAIN, IS INCIDENTAL, CUSTOMARY, UH, TO THE MAIN STRUCTURE.
BUT WE CAN'T, BECAUSE OF THE COUNTY ORDINANCE AND BECAUSE OF THE HOA REQUIREMENTS, THERE'S NOWHERE FOR, FOR US TO PLACE AN ACCESSORY STRUCTURE.
WE WILL GO OVER THE SPECIAL CONDITIONS IN, IN A FEW SLIDES, BUT I BELIEVE THAT THERE ARE SPECIAL AND UNIQUE CONDITIONS THAT EXIST ON THIS PROPERTY THAT, UH, ALLOW FOR THE, THE, THE VARIANCE TO BE GRANTED.
AND I THINK IT'S IMPORTANT TO UNDERSTAND THAT THE CONDITIONS AND THE OF THIS PARTICULAR CASE ARE NOT SO GENERAL AS TO, UH, HAVE A CONCERN THAT THERE'S GONNA BE REOCCURRING VARIANCES.
I THINK IT'S BEEN, I'M GUESSING YEARS SINCE YOU ALL HAVE MET ON A VARIANCE REQUEST SEVERAL YEARS, THERE'S NOTHING IN THE HISTORY THAT SUGGESTS THAT THIS IS GONNA BE A REOCCURRING EVENT.
OKAY? AND IT'S ALSO IMPERATIVE THAT THE BZA UNDERSTANDS THAT EVERY DIFF, EVERY VARIANCE APPLICATION IS ON ITS OWN MERITS, RIGHT? SO EACH ONE HAS TO BE TAILORED AND, AND REVIEWED AND ANALYZED ON ITS OWN MERITS.
BUT THERE'S NOTHING TO SUGGEST THAT THIS IS GONNA BE A REOCCURRING THEME, WHETHER YOU GRANT OR DENY THE VARIANCE.
SO SOME OF THE SPECIAL CONDITIONS, UM, THIS DOESN'T, IT DOESN'T REALLY LEND ITSELF TO ME POINTING BECAUSE YEAH.
WELL, I'LL TRY MY BEST TO EXPLAIN.
IF YOU GUYS HAVE ANY QUESTIONS, JUST LET ME KNOW.
SO THERE'S SEVERAL DIFFERENT, UM, CONDITIONS, AND I THINK IT'S IMPORTANT TO UNDERSTAND THAT THEY, IN, WE NEED TO LOOK AT THESE CONDITIONS IN TOTAL, NOT JUST ONE SINGLE CONDITION, BUT A, A CALCULUS IN ADDITION OF, OF, OF SPECIAL CONDITIONS.
ONE IS THE EXTREME SETBACK OF THE MAIN STRUCTURE.
I BELIEVE THE CLOSEST POINT FROM THE FRONT LOT LINE TO THE MAIN STRUCTURE IS 115 FEET.
SO IT'S A PRETTY, PRETTY EXTREME SETBACK.
ANOTHER IS THE UNIQUE LAYOUT OF THE, THE PROPERTY ITSELF.
YOU'VE GOT A CURVE LINEAR FRONT, WHICH IS A LITTLE TRICKY TO, TO MANEUVER WHEN WE'RE TALKING ABOUT SETBACKS.
WE'VE GOT THE SORT OF OBLONG, UH, BACK CORNER.
WE'VE GOT THE SPECIAL FLOOD HAZARD AREA, OR THE A HUNDRED YEAR FLOODPLAIN IN THE REAR.
WE'VE GOT SEPTIC TANKS IN THE REAR.
AND YOU COUPLE THAT WITH THE FACT THAT THE HOA, AGAIN, IS NOT GOING TO PERMIT ANYTHING IN THE REAR YARD, WHICH IS REPRESENTED IN THE BLUE LINE.
SO ANYTHING TO THE BEHIND OR TO THE LEFT OF THAT BLUE LINE.
UM, THEN YOU'VE GOT, YOU'VE GOT A FAIRLY BIG RESTRICTION ON WHERE WE CAN PLACE ACCESSORY STRUCTURES.
THE RED LINE IS USED TO INDICATE, AND I THINK THIS IS REALLY IMPORTANT, THE RED LINE IS USED TO INDICATE THE REAR, UH, BEHIND MAIN BUILDING OF THE ADJACENT PROPERTY, THE PROPERTY THAT WOULD, IN THEORY BE MOST IMPACTED BY, BY, UH, THE PROPOSED ACCESSORY STRUCTURE.
AND IF YOU LOOK AT THE REAR, THAT'S THE RED LINE GOING DOWN THROUGH, UH, THE PROPOSED STRUCTURE IS BEHIND THAT.
SO IF WE CAN IMAGINE OURSELVES, IF WE OWN 9 0 7, WHICH IS THE, THE LOT BESIDE, IF WE CAN IMAGINE OURSELVES, WE GO OUTSIDE, WE LOOK, THE, THE ACCESS, THE PROPOSED ACCESSORY STRUCTURE WILL BE BEHIND.
OKAY? IT'LL BE BEHIND OUR BEHIND MAIN BUILDING LINE.
OKAY? SO THE, THE FEEL OF IT WON'T BE THAT THE, THE, THE PHASE ON'S ACCESSORY STRUCTURE WOULD BE OUT IN FRONT OF THE, THE, THE ADJOINING PROPERTY.
IT WOULD BE RATHER, IT WOULD BE BEHIND, LET ME GO BACK.
UM, IT REALLY IS ONE OF THE UNIQUE CHARACTERISTICS, AND I COULDN'T, I COULDN'T FIND THIS ANYWHERE, IS THE, THE ORIENTATION OF THE, OF THE PHASE ON STRUCTURE, HOW IT, IT'S NOT PERPENDICULAR COMPLETELY PERPENDICULAR TO THE, THE FRONT PROPERTY LINE.
EVEN THOUGH THE FRONT PROPERTY LINE IS FOR KIND OF, AGAIN, CURVILINEAR.
IF YOU WERE TO RUN IT PARALLEL OR PARALLEL TO THE, TO THE FRONT PROPERTY LINE, THEN YOU WOULD HAVE A LOT MORE OF THE QUOTE UNQUOTE, BEHIND MAIN BUILDING OF THE PROPERTY.
BUT AT THE WAY THAT IT'S SITUATED, IT REALLY TILTS IT SO THAT THERE'S NOT MUCH LAND TO, TO WORK WITH.
SO PART OF THE PART OF THE EQUATION IS THAT THERE'S NOT GONNA BE ANY NEED FOR A CHANGE IN, UH, THE ZONING AND THE THE USE IS OTHERWISE PERMITTED.
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ACCESSORY USES ARE OTHERWISE PERMITTED.AND I THINK THAT IT'S IMPORTANT TO UNDERSTAND THAT THIS IDEA, THIS CONCEPT OF ACCESSORY STRUCTURES IN THE SIDE OR THE FRONT YARD, IT'S ALREADY PERMITTED IN THE, IN THE COUNTY CODE 15,505 IN CERTAIN CIRCUMSTANCES.
NOW, I'M NOT ARGUING THAT THAT SUPERSEDES WHAT'S IN THE RPUD.
I'M ONLY, I'M ONLY STATING THAT, THAT THIS IDEA OF, OF FRONT YARD SETBACKS, UH, FOR ACCESSORY STRUCTURES, IT'S ALREADY CODIFIED.
DOES THIS MEAN I HAVE A MINUTE LEFT, OR DOES THAT MEAN MY TIME'S UP AT THE CHAIR'S DISCRETION? YOU HAVE A MINUTE LEFT.
SO, UM, REALLY REAL QUICKLY, JUST WANT TO GO OVER WHAT THE, THE NEIGHBORS ARE SAYING, BECAUSE THAT'S REALLY IS ONE OF THE IMPORTANT FACTORS.
AND WE HAD UNANIMOUS APPROVAL.
UH, THESE ARE ALL TAKEN DIRECTLY FROM LETTERS THAT WERE SUBMITTED.
KLOCK A RB IS IN FULL SUPPORT OF THE LOCATION OF THE PROPOSED ACCESSORY STRUCTURE.
AND IN FACT SAYS THAT IT, IT'S NOT CONSISTENT TO BE IN THE REAR OF THE YARD.
I THINK THAT'S REALLY IMPORTANT.
AND FOR THOSE REASONS, WE BELIEVE THAT, THAT THE, THE BOARD WOULD BE APPRO WOULD BE ACCEPTABLE IN GRANTING THE VARIANCE.
UH, FOR THE RECORD, I AM RAY CASH, ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT HERE IN GLAND COUNTY.
UM, I'LL GO THROUGH A COUPLE SLIDES AND I'LL LET KELLY KEMP, UM, WILL DO THE REMAINDER OF THE QUE UM, PRESENTATION.
AGAIN, THIS IS A, A VARIANCE LOCATED IN DISTRICT FOUR.
WE'RE SPECIFICALLY LOOKING FOR A LEAVE TO THE FRONT YARD ACCESSORY STRUCTURE SETBACK REQUIREMENT.
UM, THIS IS AN RPUD, WHICH IS A PLAN UNIT DEVELOPMENT UNDER THE ZONING ORDINANCES.
UM, THE PROPERTY HERE IS LOCATED ON A CUL-DE-SAC AS DEMONSTRATED HERE.
UM, GENERALLY YOU CAN SEE, AND THAT THIS CURRENT AERIAL, THIS, UM, ADJACENT HOUSE IS NOT BUILT, BUT YOU CAN SEE THE PROPERTY IS ITSELF AND DEMONSTRATED THE REAR OF THE YARD.
UM, HERE WE'LL GO THROUGH A COUPLE PICTURES, UM, THAT HAVE BEEN TAKEN ON SITE.
UM, SO THE STRUCTURE HAS BEEN STARTED.
SO THE LOT IS ACTUALLY CURRENTLY IN VIOLATION.
'CAUSE THERE IS NO BUILDING PERMIT FOR THIS STRUCTURE THAT BEGAN WITHOUT A BUILDING PERMIT.
UM, STAFF HAS NOT DONE ENFORCEMENT ACTION.
UM, BASED UPON THAT WE WERE, THEY WERE SEEKING A VARIANCE, UM, FOR THIS APPLICATION.
UM, WHAT YOU DO SEE HERE IS THE STRUCTURE.
THIS IS GENERALLY WHEN WE LOOK AT OTHER FUTURE PICTURES.
UM, THAT THIS IS SORT OF WHERE THEIR SIDEWALK BEGINS, WHERE THE DRIVEWAY COMES ALONG HERE, THE CIRCLES AROUND.
UM, YOU CAN SEE THE STRUCTURE IN THE, IN THE BACKGROUND.
THIS IS A TEMPORARY ENTRANCE THEY PROVIDED JUST FOR THE CONSTRUCTION OF THE, UM, ACCESSORY STRUCTURE.
UM, THIS IS WHERE WE TALK ABOUT WHERE THE PO THE DRIVEWAY SWITCHES TO MORE OF A PAVEMENT VERSUS, UM, SORT OF A STONE HERE.
WHERE WE'RE LOOKING AT SPECIFICALLY HERE IS THE BEGINNING OF THE REAR YARD.
AT THE END OF THE, UM, THE PROPERTY, THIS IS THE GARAGE TO THE LEFT WHERE THEY WOULD BASICALLY PULL IN.
UM, AND THIS IS AN IMAGE OF THE REAR YARD OF THE HOUSE, UM, HERE DEMONSTRATED.
YOU CAN SEE THE LAKE IN THE BACKGROUND AS WRONG.
SOME, SOME TREES ALONG THE PERIMETER OF THE LAKE.
UM, HERE AGAIN, IS LOOKING, UM, FROM THE GARAGE ON THE LEFT HAND SIDE.
UM, YOU CAN SEE THE, UH, BASICALLY THE DRIVEWAY AGAIN.
AND YOU CAN SEE THE HOUSE, THE STRUCTURE IN THE BACKGROUND THAT'S ALREADY BEGUN CONSTRUCTION.
AND THEN THAT IS THE ADJACENT NEIGHBOR'S HOUSE THERE.
UM, THIS IS AGAIN, ANOTHER IMAGE JUST SHOWING AS YOU PULL DOWN SORT OF THE, THE CONCRETE STAMP CONCRETE, UH, UH, STONE TYPE OF PART OF THE DRIVEWAY.
AND AGAIN, LOOKING TOWARDS THE HOUSE, YOU CAN SEE THE CORNER EDGE OF THE HOUSE RIGHT HERE WITH THE STRUCTURE THAT WAY.
UM, WHAT I'LL DO IS, UM, JUST LET MS. KEMP TAKE IT FROM HERE, AND OF COURSE, I'LL BE AVAILABLE FOR ANY QUESTIONS AFTERWARDS.
I'M ACTUALLY WITH SAN ANDERSON, BUT I AM HELPING OUT THE COUNTY ATTORNEY TODAY AS THEY'VE HAD, UM, SOME STAFF CHANGES.
SO, UM, JUST WANNA TALK TO YOU A LITTLE BIT ABOUT WHAT THE COUNTY
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CODE AS WELL AS THE, UM, STATE CODE SAYS AND, AND WHAT WE'RE TALKING ABOUT WHEN, UM, THE APPLICANTS ARE ASKING FOR THIS VARIANCE.SO YOU'LL SEE THIS IS, THIS IS STRAIGHT FROM YOUR UCHIN COUNTY CODE.
AND REALLY THE, THE, THE SIDE YARD THAT'S NOT AT ISSUE, IT'S THE FRONT YARD SET SETBACK, WHICH IS, UH, DEFINE IN YOUR CODE AS BEHIND THE MAIN BUILDING, WHICH THE WHITE ONE IS THAT THE WHITE ONE? OKAY,
UM, SO THIS IS A RENDERING OF THE, UH, THE HOUSE, WHICH WOULD BE CONSIDERED THE MAIN BUILDING IN THIS, THIS SCENARIO.
AND THE, THE BUILDING TO THE SIDE IS, IS WHERE THE PROPOSED, UH, NEW ACCESSORY STRUCTURE WOULD BE.
SO, UM, THE RED LINE REPRESENTS, UH, THE, THE BACK OF THE, THE HOUSE, THE MAIN BUILDING.
AND IF YOU SORT OF DREW A LINE, UM, OUT, OUT TO THE PROPERTY, THAT THAT WOULD BE THE REAR OF THAT BUILDING.
THE GREEN DOTTED LINE IS, IS SORT OF THE FRONT FACADE OF THE HOUSE, IF YOU DREW THOSE LINES STRAIGHT OUT.
SO, UH, AND LOOKING AT WHAT BEHIND THE MAIN BUILDING MEANS, THE MOST FAVORABLE INTERPRETATION FOR THE APPLICANT WOULD BE ESSENTIALLY BEHIND THAT RED LINE.
UM, YOU KNOW, COULD, COULD YOU DEBATE THAT IT HAS TO BE ALL THE WAY BEHIND THE HOUSE.
YOU CAN'T SEE IT, YOU KNOW, LAWYERS CAN MAKE ALL KINDS OF ARGUMENTS, BUT, UM, THAT'S THE MOST FAVORABLE INTERPRETATION.
UH, WE ADDED THE GREEN LINE, JUST SO YOU COULD SEE, UM, WHERE THE SORT OF THE FRONT OF THE HOUSE IS.
AND IT IS SORT OF, IT ISN'T FA IT ISN'T SORT OF A, A RECTANGLE LOT, AND THE HOUSE DOESN'T SIT SORT OF IN THE MIDDLE OF THE RECTANGLE.
SO IT IS SORT OF ANGLED ON THE LOT.
UM, BUT EITHER WAY, THAT PROPOSED ACCESSORY STRUCTURE IS, UM, CLEARLY IN, IN FRONT OF WHAT WAS, IS CONSIDERED THE BACK OF THE HOUSE OR THE BACK OF THE STRUCTURE.
AND IT'S REALLY IN FRONT OF THE, EVEN THE FRONT.
UM, UH, AND AS YOU HEARD THE APPLICANT SAY, SAY IT IS, YOU KNOW, THAT'S WHY THEY'RE ASKING FOR A VARIANCE.
IT SITS ESSENTIALLY IN THE SORT OF FRONT SIDE YARD, HOWEVER YOU WANNA DESCRIBE THAT, WHICH DOES NOT MEET THE, UM, THE SETBACKS FOR YOUR, YOUR CODE.
SO, UM, SO VARIANCES ARE GOVERNED BY STATE CODE AND YOUR LOCAL ORDINANCE.
UM, SO IN ORDER TO GRANT A VARIANCE, UH, THE APPLICANT, UH, YOU ALL WOULD HAVE TO DECIDE AND ANALYZE THE SITUATION.
BUT, UM, IF THE ZONING ORDINANCE UNREASONABLY RESTRICTS THE USE OF THE PROPERTY, IF THE NEED FOR THE VARIANCE IS NOT SHARED BY OTHER PROPERTIES, UH, AND THE VARIANCE ISN'T CONTRARY TO THE PURPOSE OF THE ZONING ORDINANCE, AND I'M GONNA COME BACK TO THESE, BUT I JUST WANNA SORT OF, UH, GIVE YOU THE STRUCTURE IN WHICH YOU NEED TO MAKE YOUR DECISION AND THE ANALYSIS.
UM, FURTHER, YOU MUST GRANT THE VARIANCE IF ALL OF THE FOLLOWING ARE TRUE.
THE PROPERTY WAS ACQUIRED IN GOOD FAITH AND THE HARDSHIP WAS NOT CREATED BY THE, UH, THE APPLICANT GRANTING THE VARIANCE WON'T BE A DETRIMENT TO NEARBY PROPERTIES.
THE CONDITION OF THE PROPERTY IS NOT SO GENERAL THAT IT WOULD JUST BE EASIER OR MORE PRACTICAL TO AMEND YOUR ZONING ORDINANCE.
UH, GRANTING OF THE ORDINANCE DOESN'T RESULT IN A USE THAT'S NOT OTHERWISE PERMITTED ON THE PROPERTY.
SO IF HE WANTED TO PUT A MCDONALD'S THERE, THAT WOULD NOT BE THAT CLEARLY CONTRARY OR ZONING ORDINANCE.
UM, AND THE RELEASE THOUGHT ISN'T AVAILABLE FOR THE, THROUGH A CONDITIONAL USE PERMIT.
SO IN ALL OF THOSE THINGS, WE REALLY DON'T HAVE TO GET PAST THE FIRST ONE.
THE PROPERTY, I'M SURE WAS ACQUIRED IN GOOD FAITH.
I THINK THIS IS A FAIRLY NEW PROPERTY, BUT THE HARDSHIP WAS CREATED BY THE APPLICANT.
UH, YOU SAW THEY'VE STARTED THE BUILDING WITHOUT A BUILDING PERMIT, WHICH, UM, ESSENTIALLY DIDN'T ALLOW FOR SOME CONVERSATION WITH STAFF AT BEST.
BUT THEY, THEY'VE CREATED THIS HARDSHIP BY, BY A PLACEMENT CHOICE.
AND WHAT DO I MEAN BY THAT? SO AGAIN, YOU SAW THESE PICTURES.
THIS IS SORT OF THE SIDE OF THE DRIVEWAY IN THE BACK OF THE HOUSE.
SO THEY'RE CLEARLY UTILIZING THE PROPERTY.
IT'S A BEAUTIFUL HOUSE, UM, BEAUTIFUL PIECE OF PROPERTY.
CLEARLY THE, THE, THE PROPERTY HAS VALUE AND THEY'RE USING IT.
UM, UM, THERE'S NO PHYSICAL CONDITIONS OR IMPROVEMENTS WHERE THE VARIANCE WOULD ALLEVIATE THE HARDSHIP.
THE LOCATION PREFERENCE IS NOT A HARDSHIP, IT'S A PREFERENCE.
UM, ADDITIONALLY YOU HEARD THAT THERE'S SOME HOA REQUIREMENTS, WHICH THAT COUNTY, THE COUNTY ORDINANCE DOES NOT TAKE INTO CONSIDERATION NECESSARILY.
YOU KNOW, THERE'S SORT OF TWO SEPARATE TRAIN TRACKS.
THEY'RE NOT NECESSARILY ALWAYS GONNA INTERSECT.
UM, SO THE HOE REQUIREMENTS, UM, ARE, ARE SEPARATE AND NOT REALLY FOR YOU ALL, ARE NOT THE HOA BOARD.
SO THEY'RE NOT FOR YOU ALL TO, TO DECIDE, UM, OR CONSIDER, HOWEVER, ARGUABLY IT'S
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REALLY THE HOA RESTRICTIONS THAT ARE CREATING THE HARDSHIP AND THE NEED FOR THE VARIANCE.UM, THOSE ARE THE RESTRICTIONS SAYING IT CAN'T BE.
MR. ANDERSON HAD A NICE GRAPHIC OF, OF WHERE THEY SAID IT WOULDN'T OR COULDN'T BE IN THE BACKYARD.
SO THAT'S REALLY THE HARDSHIP BEING CREATED AND SHOULD BE ADDRESSED BY THE, THE BODY CREATING THAT HARDSHIP.
THIS IS THE KEN LOCK NEIGHBORHOOD SORT OF, UM, THE DART PART IN THE MIDDLE IS THE LAKE, AND THEN YOU CAN SEE THE PROPERTIES, UM, YOU CAN SEE THAT CUL-DE-SACS IN THIS, IN, IN THIS NEIGHBORHOOD SPECIFICALLY ARE NOT UNIQUE.
THERE ARE MULTIPLE PROPERTIES WITHIN KEN LOCK THAT WHILE MAYBE AREN'T EXACTLY THE DIMENSIONS OF THAT, THIS PARTICULAR PROPERTY, THIS IS NOT A UNIQUE SITUATION.
THEY'RE CUL-DE-SACS CLEARLY THROUGHOUT THE, THE NEIGHBORHOOD.
UM, EVEN, EVEN THEIR NEIGHBORS, UH, HAVE SIMILARLY SORT OF SHAPED LOTS THAT WOULD PRESENT A SIMILAR SITUATION.
UM, SO THIS ISN'T A, A PARTICULARLY UNIQUE SITUATION.
IT'S SIMPLY UNIQUE IN THAT THEY WANT AN ACCESSORY STRUCTURE AND, AND THEY WANT IT, UH, IN A PLACE THAT IS NOT ALLOWED BY THE COUNTY.
SO, UM, NOT UNIQUE IN ITS SORT OF, UM, SITUATION OR, UM, I GUESS SORT OF THE WAY IT'S SORT OF, IT'S NOT REALLY PIE SHAPED THE WAY SOME CUL-DE-SACS ARE, BUT YOU CAN SEE SOME OF THE NEIGHBORS HAVE SIMILAR, UM, LOT DESCRIPTIONS.
SO I THINK I'VE, I'VE COVERED THE CODE COUNTY'S ARGUMENT IS SIMPLY THAT, UM, THEY DON'T MEET THE, THEY DON'T MEET THE LEGAL STANDARDS FOR A VARIANCE TO BE GRANTED.
THIS HARDSHIP WAS REALLY CREATED BY THE APPLICANTS, AND I'M NOT, I'M NOT SAYING THAT, UM, THEY INTENTIONALLY, INTENTIONALLY NECESSARILY DID IT, BUT, UM, THEY CREATED THE HARDSHIP AND THIS IS A SITUATION THAT CAN ACTUALLY BE, UM, RECTIFIED BY THEM.
THEY CAN, THEY DO HAVE SOME PLACEMENT OPTIONS, AT LEAST AS FAR AS THE COUNTY CODE IS CONCERNED.
AND I'LL ALSO JUST ADDITIONALLY STATE THAT THE COUNTY WOULD ALLOW THIS BUILDING IN THIS PLACE IF IT WERE ATTACHED TO THE HOUSE.
AND BY THAT THEY WOULD, IF THEY BUILT A BREEZEWAY FROM A DOOR ON THE SIDE OF THE HOUSE TO THIS, THIS ACCESSORY STRUCTURE COVERED IT, ESSENTIALLY OF THE COMMON DEFINITION OF BREEZEWAY THAT WOULD ACTUALLY BE ALLOWED BY THE COUNTY.
SO THE APPLICANT HAS SOME, SOME CHOICES AND SOME ABILITY TO RECTIFY THIS SITUATION, SOME OPTIONS.
SO, UH, FOR THOSE REASONS, WE DON'T BELIEVE THAT IT IS, UM, AVAILABLE FOR A VARIANCE.
BUT, UM, I'M HAPPY TO ANSWER QUESTIONS OR MR. CASH IS ALSO AVAILABLE.
UH, MS. PARKER QUESTION? YES, SIR.
UM, WE KINDA SKIPPED OVER IT, EXCUSE ME, WHERE THERE WERE, UM, QUESTIONS, UH, FROM THE, THE BOARD TO THE APPLICANT.
UM, SO I WANT TO ASK RIGHT NOW THAT IF THERE ARE ANY QUESTIONS FROM, UM, THE BOARD ZONING APPEAL MEMBERS TO THE APPLICANT AS WELL AS TO STAFF, UM, PLEASE RAISE THOSE QUESTIONS.
NOW, ONE QUESTION I HAD WAS REGARDING THE HO A'S DECLINE.
UM, YOU MENTIONED THAT BEHIND THE PROPERTY WAS FORBIDDEN BY THE HOA, IS IT BECAUSE OF VIEWS FROM THE LAKE OR JUST ON THE HYPOTHETICAL, IF THE HOUSE WERE CLOSER TO THE ROAD, WOULD IT STILL BE DECLINED OR IS IT BECAUSE OF VISIBILITY FROM THE, THE LAKE? WELL, UH, ONE OF THE THINGS THAT I WANTED TO, TO SHOW WITH THE PICTURE EARLY ON WAS THAT NOT ONLY THIS PARTICULAR PROPERTY IS NOT ONLY ABUTS A GREEN FOR THE GOLF CLUB, IT ALSO ABUTS A LAKE THERE.
THAT PART IS, THERE'S NOT VERY MANY PLACES IN THE ENTIRE NEIGHBORHOOD THAT HAVE BOTH THOSE THINGS.
AND I THINK FOR THAT REASON, AGAIN, THEY, THE HOA IS ONLY SAYING IN THEIR PARTICULAR CASE, IT'S NOT APPROPRIATE TO HAVE, UH, AN ACCESSORY STRUCTURE IN THE REAR, BECAUSE THE GREEN IS RIGHT THERE, BECAUSE THE LAKE IS RIGHT THERE.
I MEAN, IT, YOU GUYS SAW THE PICTURE, SO MM-HMM,
YEAH, I JUST WASN'T SURE 'CAUSE OF THE WAY IT WAS PRESENTED, IT SOUNDED LIKE IT WAS A UNILATERAL NEVER BEHIND THE HOUSE, BUT IT WAS BECAUSE OF VISIBILITY.
I BE, I BELIEVE THAT THAT WAS THEIR MAIN, THE MAIN REASON WAS VISIBILITY AND, AND SORT OF KEEPING IN CHARACTER WITH THE ENTIRE NEIGHBORHOOD WAS, WAS WHAT THEY'RE, THEY'RE GOING FOR ON THAT.
ON THAT NOTE, HAS THE HOA APPROVED OTHER
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SIMILAR BUILDINGS BEHIND THE HOMES IN THE HOA? SO THIS, NO.SO JUST SIMPLY NOWHERE BEHIND THEIR HOUSE, THE HOMES, ARE THEY? WELL, THE, THE, THE A RB ONLY ISSUED THE LETTER THAT PERTAINED TO THIS PARTICULAR SITUATION.
IT, I DON'T THINK THAT THEY MADE A, I DON'T THINK THAT THE A RB MADE A, A A BLANKET STATEMENT THAT SAID NOBODY'S EVER GOING TO BE PUTTING A, ALLOWED TO PUT AN ACCESSORY STRUCTURE IN THE REAR OF THEIR PROPERTY.
I DON'T THINK THAT THAT'S WHAT THEY, THEY, YEAH, THEY NOT, YEAH, YEAH.
GO APPROVED ONE ELSEWHERE UP TO DATE.
YEAH, I WANTED TO, I WANT TO DO IT.
YOU GO AHEAD JIM DUNCAN, I'M THE BUILDER GUILTY OF STARTING WITHOUT A PERMIT.
UH, NEXT, BUT THE HOA SPECIFICALLY SAID THEY, THEY MET WITH ME OUT THERE, AS DID THE GOLF COURSE.
WE SPENT PROBABLY THREE OR FOUR MONTHS IN DESIGN.
THE EXACT LOCATION OF THE BUILDING WAS ALMOST DICTATED BY THE HOA.
THEY SPECIFICALLY SAID THEY WOULD NOT ALLOW THE BUILDING TO BE BUILT IN THE BACK.
AND THEY PICKED THAT LOCATION FOR US.
AND IT WAS APPROVED BY THE HOA AND THE GOLF COURSE.
THE OTHER THING THAT'S IMPORTANT TO KNOW THERE IS THE ORIGINAL HOUSE THAT WAS ON THE LOT, AND I DON'T KNOW IF THAT SHOWS UP ON THE ONE ONE OF THESE SLIDESHOWS OR NOT.
DO YOU HAVE THAT? THERE WAS AN ORIGINAL LOT THAT WAS BOUGHT FOR THE, FOR THE, UH, BUILDING OF THE HOUSE.
AND THEN WHEN THE SECOND LOT THAT MR. FAISON PURCHASED, WHICH HE PURCHASED FOR THIS BUILDING, HE PURCHASED THAT FROM KEN LOCK FOR THE SOLE PURPOSE OF BUILDING THIS BUILDING.
SO THAT'S, THAT'S HOW THAT ALL EVOLVED.
IT WASN'T, WE DIDN'T BUY THE WHOLE, OR DON DIDN'T BUY THE WHOLE PROPERTY AND THEN BUILD THE HOUSE AND THEN DECIDE TO BUILD THIS.
HE BOUGHT, HE BOUGHT ONE LOT, BUILT THE HOUSE, BOUGHT THE SECOND LOT WITH THE INTENTION OF BUILDING THIS BUILDING FROM, FROM THE SAME COMPANY THAT RUNS THE HOA, IT'S THE KEN LOCK DEVELOPMENT CORPORATION.
I HAVE, HAVE, I HAVE AN ASSOCIATED QUESTION THERE.
I'M JUST TRYING TO FIND THE INFORMATION.
UM, THE, THE PURCHASE OF THE, THE SECOND LOT WAS IN 2018.
IS THAT ACCURATE? UM, I THINK IT'S LATER THAN THAT.
IT'S A HALF LOT THAT WE BOUGHT.
THEY SPLIT THE LOT WHERE THE NEIGHBOR IS, WAS TWO LOTS.
AND SO THE, I DON'T KNOW THE EXACT DATE, BUT THERE WAS A, I THINK IT WAS LIKE 20.
I SAW A PERMIT IN 2021, MAYBE, MAYBE 21.
THERE WAS A HOME CONSTRUCTION PERMIT IN 2020.
YEAH, THAT WAS THE, UH, THAT WAS THE ORIGINAL HOME THAT WE'RE, THAT WE'RE IN, THAT WAS ON THE LOT.
AND THEN WE BOUGHT THE HALF LOT ABOUT TWO YEARS LATER, I WANNA SAY SOMETHING LIKE THAT.
HOW WOULD THAT, HOW WOULD THAT AFFECT THE, UM, OR IMPACT THE RESALE, EXCUSE ME, THE RESALE VALUE? IF YOU WERE TO GO THROUGH WITH CONSTRUCTING THIS AND THEN LET'S SAY FOUR YEARS FROM NOW, OR THREE YEARS FROM NOW, WHATEVER YOU DECIDE TO PUT THE HOME IN THE MARKET, WOULD THAT AFFECT THE VALUE OF THE HOME IN A POSITIVE WAY OR A NEGATIVE WAY? I WOULD THINK IT'D BE POSITIVE.
I MEAN, YOU'VE GOT AN ADDITIONAL STRUCTURE THAT YOU CAN UTILIZE, UM, SITS BACK.
IT, IT'S, YOU KNOW, COMPARABLE WITH THE HOME IN TERMS OF QUALITY AND EVERYTHING ELSE.
I THINK THERE'S, ONE OF THE NEIGHBORS ACTUALLY SAID THAT IN ONE OF THE LETTERS THAT, THAT WAS SENT IN.
AND YOU MENTIONED ALSO, WELL, NOT YOU, BUT I THINK YOUR ATTORNEY MENTIONED THAT YOUR DAUGHTER WOULD BE IN THERE AS WELL.
SO DOES THAT MEANS THAT YOU WOULD, UM, THE BATHROOM, UH, FACILITIES, YEAH, THERE'S BATHROOM, THERE'S NO SLEEPING FACILITIES OR ANY OF THAT.
LET ME, YEAH, LET ME ADDRESS THAT.
UM, BRITTANY WAS, I'M, I'M AFFILIATED WITH THE FAIN CENTER, WHICH IS OVER NEAR WILLOW LAWN, IF YOU GUYS HAVE EVER SEEN THAT.
BUT WE SERVE LIKE 30 COUNTIES, A COUPLE OF STUDENTS FROM GOLIN AS WELL.
AND IT'S EVERYTHING FROM, UM, PRESCHOOL ALL THE WAY TO ADULTHOOD NOW.
AND SHE'S IN THE ADULT DAY PROGRAM.
SHE WAS ONE OF THE FAB FOUR, ONE OF THE ORIGINAL FOUR THAT STARTED.
UM, ONE OF THE THING CHALLENGES WITH, WITH ADULTS AND, AND, UH, KIDS WITH AUTISM IS WEIGHT CONTROL.
THEY, THEY, YOU KNOW, THEY EAT STRANGE THINGS.
THEY ONLY EAT CERTAIN KIND OF FOODS AND TEXTURES AND EVERYTHING ELSE.
AND SO ONE OF THE THINGS WE'RE REALLY TRYING TO WORK ON, AND SHE'S IN THE ADULT DAY AND IN THE FAMILY PARTNER PROGRAM.
SO SHE LIVES WITH ANOTHER FAMILY FIVE DAYS A WEEK.
SHE'S WITH US ON WEEKENDS AND ALL HOLIDAYS.
BUT ONE OF THE THINGS WE'RE TRYING TO INCORPORATE IS MORE EXERCISE AND TRYING TO, YOU KNOW, CHANGE HER DIET.
SO ONE OF THE BIG THINGS IS BECAUSE SHE COMPARTMENTALIZES COMPARTMENTALIZES, SHE SEES EVERYTHING AT THE HOUSES.
THAT'S WHAT I DO AT THE HOUSE.
WE GO, BRITTANY, WE'RE BUILDING THIS BUILDING OVER HERE AND WE'RE GONNA GO OVER THERE.
AND IF YOU DO ALL THAT STUFF, THEN YOU COME BACK AND YOU, YOU KIND OF GET REWARDED TO DO THE THINGS YOU WANNA DO AT THE HOUSE.
I MEAN, WE, YOU KNOW, COULD YOU TAKE HER TO A HEALTH CLUB? YEAH.
BUT WHEN SHE STARTS HAVING MELTDOWNS AT A HEALTH CLUB WITH A LOT OF PEOPLE, IT'S NOT A GOOD SITUATION.
[00:30:01]
FAIRLY SEVERE.UM, AND THE OTHER THING IS I WANNA LIVE AS LONG AS POSSIBLE 'CAUSE WE'VE GOTTA TAKE CARE OF HER FOREVER.
AND THAT WAS PART OF THE FAMILY PARTNER PROGRAM.
SO I PROBABLY SPOKE TOO MUCH ON THAT, BUT THAT'S KIND OF ONE OF MY PASSIONS.
ONE OTHER QUESTION I HAD REGARDING THE NEIGHBORS, UM, AS I LOOKED AT THE SUBDIVISION MAP, THERE WERE TWO LOTS.
I DIDN'T SEE LETTERS FROM, I THINK IT WAS TWO ADDRESSES, 9 0 8, 9 13.
HAVE THOSE NEIGHBORS EXPRESSED ANY OPINIONS ON THIS STRUCTURE? 'CAUSE I KNOW PART OF THE PREMISES THAT THE OTHERS ARE NOT FEELING NEGATIVELY ABOUT IT.
I DIDN'T GO TO EVERYBODY IN THE NEIGHBORHOOD.
WHAT I DID IS I WENT TO THE NEIGHBORS, THE ONE THAT IT'S CLOSEST TO, AND I WENT AROUND THE ENTIRE CUL-DE-SAC THAT IS ALL LOCATED THERE.
AND EVERY SINGLE ONE OF 'EM THAT SENT A LETTER IN, IN SUPPORT OF IT, I DIDN'T GO ALL THE WAY DOWN TO THE FRONT OF THE SUBDIVISION, WHICH I COULD DO.
ONE OF THEM LOOKED LIKE IT WAS SORT OF KID, IT JUST SORT OF LOOKED ON THE EDGE OF THE CUL-DE-SAC.
'CAUSE I UNDERSTAND YOU CAN'T, YOU KNOW, PULL THE ENTIRE NEIGHBORHOOD.
BUT I WAS, YEAH, IF YOU PULLED IT UP AND TOLD ME WHICH ONE WAS 9 0 8, I'M NOT VERY GOOD WITH THAT.
I COULD, YEAH, I, UM, MAYBE, I DUNNO IF I MADE NOTES.
I BELIEVE IT'S WHICH ONE IS NINE? IT'S GOTTA BE KIND OF HALFWAY UP ON THE RIGHT.
WHAT GOING OUT YOU, YOUR HOUSE? IF I HAVEN'T, I FEEL LIKE HALFWAY UP THE STREET FROM THE RIGHT BEFORE THE NEIGHBOR.
UM, THE BIG COLONIAL WHITE HOUSE, I'M NOT SURE WHICH ONE THAT IS.
I, YOU KNOW, I WAS TRYING TO JUST WITH REASONABLE, YOU KNOW, EVERYBODY IN THE CUL-DE-SAC.
AND THEN I DIDN'T GO FARTHER DOWN THAT WAY TOWARDS HERMITAGE, BUT EVERY SINGLE PERSON ON THERE THAT HAS A HOME THAT'S BUILT WITHIN, SIGNED OFF AND SENT A LETTER IN YEAH.
I HAVE A, I'M NOT SURE IF THIS IS A QUESTION FOR STAFF OR FOR MR. ANDERSON.
MR. ANDERSON BROUGHT IT OFF, WAS THE ISSUE OF THE FLOOD ZONE YES.
CAN YOU EXPOUND ON THAT, WHERE THAT IS AND WHAT SURE.
DO YOU WANNA GO BACK TO YOUR PRESENTATION? CAN WE THROW UP A, A SLIDE REAL QUICK? IS IT IN YOURS? YES, IT'S OKAY.
AND I MIGHT HAVE USED THE, THE TERMINOLOGY SPECIAL FLOOD HAZARD AREA.
THAT'S JUST THE OLD, THAT FLOODPLAIN MANAGER IN ME.
IT'S THE HUNDRED YEAR FLOODPLAIN IS YEAH, THAT'S WHAT WE'RE TALKING ABOUT.
UH, COULD YOU GO TO THE AERIAL IF, OR I GUESS I COULD.
PAUSE THE HATCHED AREA, THAT'S THE SPECIAL FLOOD HAZARD AREA, WHO, AS A MATTER OF POLICY, PUT THAT ON.
IS THAT A, A FEDERAL GOVERNMENT? THAT'S DEPARTMENT.
THAT WHAT THAT WAS, THAT'S THE, YES.
OH MAN, YOU, I COULD TALK FOR HOURS ON THIS.
SO THE GOLAND COUNTY PARTICIPATES AS A MEMBER OF THE NATIONAL FLOOD INSURANCE PROGRAM.
AS PART OF THAT, THEY HAVE A FLOODPLAIN ORDINANCE.
AND AS PART OF THAT IS ANYONE THAT HAS A FEDERALLY BACKED MORTGAGE, ANY PROPERTY OWNER THAT HAS A FEDERALLY BACKED MORTGAGE THAT IS IN THE FLOODPLAIN.
AND IT DOESN'T MATTER WHERE THE STRUCTURE IS, IF ANY PART OF THAT, IF ANY PART OF THAT PROPERTY IS IN THE FLOODPLAIN, THEN AGAIN, IF THEY HAVE A FEDERALLY BACKED MORTGAGE, THEY'RE REQUIRED TO CARRY FLOOD INSURANCE.
SO THAT'S, THAT'S ACROSS THE COUNTRY IF YOUR COMMUNITY PARTICIPATES.
AND I'M GOING TO ASSUME THAT THE COUNTY PARTICIPATES IN THE, IN THE FLOOD PROGRAM, BECAUSE EVERYBODY DOES.
WOULD THAT SPECIFICALLY RESTRICT AN ACCESSORY STRUCTURE IN THERE? IT, IT, IT DOESN'T NECESSARILY RE IT DOESN'T NECESSARILY RESTRICT THE SPECIAL FLOOD HAZARD AREA.
BUT THERE ARE, THERE ARE REQUIREMENTS.
AND I THINK MORE IMPORTANTLY, THERE'S REQUIREMENTS FOR, FOR CONSTRUCTION IN THIS SPECIAL FLOOD HAZARD AREA.
MORE IMPORTANTLY, AS A MATTER OF GOOD POLICY, WE WANT TO, WE WANT TO DISCOURAGE TO THE BEST OF OUR ABILITY DEVELOPMENT IN THE FLOOD FLAME.
THAT'S A SORT OF A NATIONAL POLICY AND CERTAINLY A LOCAL POLICY IF WE CAN AVOID IT, WE WANT TO DISCOURAGE DEVELOPMENT IN THE FLOODPLAIN.
AND SO I THINK IT'S REASONABLE TO NOT EVEN CONSIDER THAT VERY BACK PORTION OF THE PROPERTY FOR DEVELOPMENT BECAUSE IT'S, IT'S JUST SOUND POLICY.
IS IT FAIR TO SAY, BECAUSE THE HOAS BASIS FOR THEIR DECISION WAS MORE ABOUT VISIBILITY AND AESTHETICS, THAT'S SORT OF A MOOT POINT BECAUSE THAT WOULD'VE BEEN CLOSER TO THE LAKE AND PROBABLY EVEN MORE VISIBLE.
IS THAT FAIR TO SAY THAT IT'S, I THINK IT'S, IT'S JUST ANOTHER, IT'S JUST ANOTHER, IT'S ONE OF MANY CONDITIONS, RIGHT? MM-HMM.
I THINK IT'S ONE OF MANY CONDITIONS THAT ARE ON THIS PROPERTY THAT MAKE IT, YOU KNOW, WE, YEAH.
WE DON'T WANT TO, I DON'T THINK THAT THE A RB WOULD, WOULD ALLOW IT.
AND I THINK THAT'S OUR CONTENTION IS NOTHING BEHIND THAT ORANGE-ISH
[00:35:01]
RED LINE.BUT THIS IS JUST ANOTHER REASON TO NOT EVEN CONSIDER THE REAR MM-HMM.
IS THERE ANYTHING IN THE COUNTY ORDINANCES THAT WOULD RESTRICT THAT, OR THAT'S JUST A MATTER OF GOOD POLICY, GENTLEMEN? IT'S NOT A RESTRICTION.
WITHIN, I MEAN, YOU CAN PLACE IT IN THE BACKYARD.
YOU'RE ABLE TO, A CERTAIN ACCESSORY STRUCTURES COULD INTRUDE IN INTO THAT, UM, THAT TYPE OF AREA.
UM, YOU KNOW, THE COUNTY'S CONTENTION WITH, IT'S PRETTY COMMON THROUGH ALL THESE PROPERTIES THROUGHOUT HERE, THERE'S REASONABLE ROOM FOR THE STRUCTURE TO BE LOCATED IN THE REAR HOUSE EDITION AND THE LIKE.
SO THE FLOODPLAIN, UM, IS PRETTY COMMON WITHIN THIS NEIGHBORHOOD, ESPECIALLY HAVING THE LAKE FEATURE WITHIN THERE.
AND THAT MAYBE I, I DON'T WANNA JUMP AROUND TOO MUCH, BUT I, I FORGET THINGS.
I'M GETTING OLD
IT'S VERY, VERY WEIRD TO ME WHEN I READ THE ORDINANCE THAT IT, THAT IT WAS REQUIRED IT TO BE IN THE, YOU KNOW, BEHIND THE HOUSE WITHOUT ANY EXPLANATION OF WHAT BEHIND THE HOUSE MEANT.
AND, AND TO BE FAIR, I GUESS WHEN THE SLIDES CAME UP AND SHIFT, IF YOU CAN IMAGINE THE RED LINE SHOULD BE THE, THE FURTHEST POINT BACK OF THE RED OF THE REAR OF THE HOUSE, THE GREEN SHOULD BE ALONG THE FRONT LINE.
SO IT'S KIND OF SHIFTED IN THE SLIDE.
UM, BUT YEAH, SO THE ORDINANCE, AND AGAIN, IT JUST SAYS BEHIND THE MAIN BUILDING, THE FRIENDLIEST AND MOST REASONABLE INTERPRETATION WOULD BE BE BESIDE BEHIND THE REAR, UM, BUILDING LINE.
IN OTHER WORDS, INSTEAD OF BEING STRUCTURALLY, IT HAS TO BE LOCATED WITHIN THE BOX OF WHERE THE HOUSE IS.
I CAN DRAW A LINE THAT'S MORE FRIENDLY, YOU KNOW, UM, I, WELL, UH, IT'S AGAIN, BEHIND THE, I GUESS WHERE'S THE, THE POINTER? CAN I ACTUALLY ON THE, ON THE BACK HERE.
SO FOR INSTANCE, IF YOU SAY, THIS IS THE BACK CORNER AND YOU'RE GONNA DRAW A LINE PARALLEL TO THE BACK OF A LOT, INSTEAD OF THE BACK OF THE HOUSE, YOU MIGHT GO THIS DIRECTION OR YOU MIGHT BE IN THAT DIRECTION.
UH, AND SO IT WASN'T, IT WASN'T REALLY SPECIFIC, YOU KNOW, WHETHER THAT NEEDS TO BE PHYSICALLY BEHIND THE HOUSE WHERE YOU CAN'T SEE IT, RIGHT.
OR PHYSICALLY BEHIND SOME POINT OF THE HOUSE, OR EVEN THE WHOLE BUILDING COMPLETELY BEHIND THAT STRUCTURE.
AND WHEN, WHEN YOU LOOK AT IT, YOU TYPICALLY DEAL WITH FRONT SIDE REAR YARDS.
AND SO WHEN YOU, MOST OFTEN, WHEN YOU DEAL WITH A, A BUILDING, SO THE FRONT IS REALLY FROM THE FRONT OF THE HOUSE TOWARDS THE STREET, UM, REAR IS TYPICALLY FROM THE REAR OF THE HOUSE, UM, BACK SIDE IS TO EITHER SIDE, UM, TYPE OF THING.
AND SO WHEN IT SAYS BEHIND THE MAIN BUILDING, UM, YOU KNOW, I, I WOULD SAY IT, IT COULD BE INTERPRETED EITHER WAY.
THAT HAS TO BE SOLELY BEHIND THE STRUCTURE.
UM, STAFF WOULD, THE OTHER ALIGNMENT WOULD BE THE REAR BUILDING LINE, BECAUSE THAT ITSELF IS THE REAR YARD.
UM, SO IN THIS SITUATION, UM, SO THE REAR NOT HAVING CLEAR GUIDANCE, YOU KNOW, STAFF WOULD BE AT THE, AT THE DECISION THAT, UM, THEY COME WITH THE REAR LINE.
UM, AND AGAIN, THAT'S TYPICAL FOR AN RPUD THAT'S THROUGHOUT THE COUNTY.
UM, IT'S PRETTY COMMON DISTRICT, ESPECIALLY IN DISTRICT FOUR AND FIVE, UM, THE RPUD, AND THAT IS A COMMONALITY BETWEEN THEM.
AND THAT RED LINE REPRESENTS THE, THE REAR YARD AS IT'S DEFINED IN THE, UH, RIGHT.
SO WE GO FROM GENERALLY THE, THE REAR MAIN BUILDING LINE WOULD, WOULD BE, YOU KNOW, BEHIND THAT CLOSEST STRUCTURE, CLOSEST POINT.
SO THE LINE SHIFT A LITTLE BIT.
I COULD, I MANIPULATE SLIDES, I COULD BRING IT OVER A LITTLE BIT, BUT, UH, UM, THAT'S WHAT HAPPENS WHEN YOU DO SOME OF THESE DRAWINGS ON THESE AND MM-HMM.
IS IT, IS IT AT THAT POINT? OR IS IT WELL BEHIND THAT POINT, OR, UM, IT'S ACTUALLY BEHIND THAT POINT.
AND AGAIN, THE ORIENTATION OF THE HOUSE IS A LITTLE UNUSUAL.
UM, BUT YEAH, THE FRONT SETBACKS, UM, FOR HERE, I DON'T HAVE THE SPECIFICS OF THIS CASE IN FRONT OF ME AT HERE.
UM, BUT GENERALLY, TYPICALLY FOR AN RPED, YOU ESTABLISH HER OWN SETBACKS.
IT ACTUALLY, A SETBACK WOULD'VE BEEN CLOSER TO THE STREET, THE AVAILABILITY.
SO THE FRONT OF THE HOUSE COULD HAVE BEEN CLOSER TO, THEY COULD HAVE ORIGINALLY BUILT THE HOUSE COULD, YEAH, IT COULD HAVE BEEN THE HOUSE CLOSER.
SO, AND AGAIN, IT SORT OF RESTRICTS IT.
UM, YOU KNOW, AGAIN, THAT'S OUTSIDE OF WHATEVER CONDITION THE RV HAS.
SO, YOU KNOW, UNDER THE COUNTY'S CODE, IT WOULD'VE PUSHED IT.
UM, AS LONG AS IT'S BEHIND THAT, THAT LINE.
UM, YOU KNOW, TYPICALLY FOR OUR PUDS WHO EXPECT, I MEAN, UH, YOU KNOW, I KNOW THE COMMON WAS MADE THAT COUNTY DOES ALLOW THEM WITHIN THE FRONT YARDS, BUT THOSE ARE TYPICALLY IN AGRICULTURAL DISTRICTS, NOT INSIDE OF RESIDENTIAL DISTRICTS.
UM, AND AGAIN, THIS SPECIFIC DISTRICT SAYS BEHIND THE HOUSE THERE WAS, IT WAS MADE MENTION
[00:40:01]
OF A, A BREEZEWAY CONNECTING WOULD BE ACCEPTABLE.IS THAT BEEN EXPLORED OR IS SO RIGHT, SO DOESN'T WORK OUT OR YEAH, IT'S ON THE SIDE.
THE, THE SIDE OF THE HOUSE THAT'S FACING THE BUILDING IS A TWO CAR GARAGE.
SO THERE'S REALLY THE, THE, THE BREEZEWAY WOULD BE, UH, 50 TO 60 FEET LONG AND OVER TOP OF A DRIVEWAY AND SOME FLIGHT OF STEPS TO COME UP TO IT.
I DON'T KNOW HOW THAT'S POSSIBLE.
WE, WE LOOKED AT IT
I THINK MS. PARKER, IF, IF YOU WOULD, COULD YOU PULL UP, UM, THE RENDERING ON PAGE 28 IN OUR PACKAGE? SO THIS QUESTION I WANT TO ASK IS FOR, UH, MR. BEON, IF YOU CAN COME BACK TO THE PODIUM THAT'S IN THE PRESENTATION, OR IS THAT I SURE, YEAH.
THAT, THAT PICTURE, I DUNNO IF YOU, COULD WE PULL THAT UP? I DON'T HAVE THE PEN.
WHAT PAGE IS THIS IN YOUR PRESENTATION? THIS IMAGE? UH, JUST THE FIRST PAGE.
I THINK IT'S LIKE ON THE, MAYBE THE FRONT, THE FIRST SLIDE.
SO MY QUESTION, MR. FAISON, IS, I KNOW RIGHT NOW YOU HAVE A TEMPORARY DRIVEWAY FOR CONSTRUCTION.
AND I APPRECIATE THAT AND I SEE A, A LARGE HOLE, IF YOU WILL, IN TERMS OF NO, NO TREES, NO VEGETATION.
I ACTUALLY TALKED TO THE NEIGHBORS WHO SENT YOU A LETTER THERE.
THE ONES THAT WOULD BE TO THE RIGHT THERE, THE, THE, YOU KNOW, BOUGHT THE ONE AND A HALF ACRE LOT WHEN I BOUGHT THE HALF LOT.
AND I TOLD THEM THAT I WOULD MAKE SURE AND PUT UP, YOU KNOW, APPROPRIATE TREES AND EVERYTHING ELSE TO BLOCK ANYTHING, ANY CONCERNS THEY HAD WITH THAT.
UM, YOU KNOW, WE PROBABLY HADN'T FILLED OUT THE REST OF THE, OF, OF WHAT THE LANDSCAPING LOOKS LIKE, BUT WHAT MY HOPE IS IS THAT IT, THAT IT'S ALMOST INCIDENTAL.
I MEAN, YOU STILL LOOK, SEE THE HOUSE FIRST AND YOU SEE THAT BACK AND IT COMPLIMENTS THE HOUSE AND EVERYTHING ELSE.
SO, I DON'T KNOW IF I TOTALLY ANSWERED YOUR QUESTION.
WELL, THAT WAS ON THE SIDE VERSION, BUT ON THE FRONT.
SO AS I, YOU MEAN WHERE THE, WHERE THE TEMPORARY DRIVEWAY COMES IN? RIGHT.
SO YOU'RE GONNA PUT YOUR, UH, THERES A WALKWAY OVER, UH, LIKE A, THE PLAN IS LIKE A LITTLE WALKWAY THAT WOULD BE FROM OUR DRIVEWAY THAT'S, UM, UH, JUST GOES UP THE HILL.
AND SO, UM, WE WOULD PUT REGULAR BUSHES AND SHRUBBERY UP FRONT AND IT'S GOT A SMALL, WELL, I THINK THERE'S A PICTURE OF IT, A SMALL ENTRANCE THERE, BUT I DON'T THINK THERE'S ANY SHRUBBERY SHOWN THERE.
BUT IT WOULD BE, UM, IN ALIGNMENT AND CONSISTENT WITH WHAT WE HAVE ON OUR OWN MAIN HOUSE.
DID YOU WANT TO SAY SOMETHING? I JUST ADD A LITTLE BIT TO THAT REAL QUICK.
UM, WHEN WE MET WITH THE, UH, HOA, UH, WE ORIGINALLY HAD A DRIVEWAY THERE AND WE WERE GONNA LEAVE THE DRIVEWAY.
IT WAS THEIR PREFERENCE THAT WE TAKE IT OUT.
AND WHEN WE TOOK IT OUT, THEY ASKED US TO PUT A WALKWAY FROM THE MAIN DRIVEWAY OVER TO IT.
IT'S NOT IN THESE SLIDES, BUT THERE'S A SIGNIFICANT LANDSCAPE PACKAGE THAT GOES AND DOES EXACTLY WHAT YOU'RE ASKING.
NOT JUST FOR THE NEIGHBOR AND THE FRONT, BUT ALSO FOR THE GOLF COURSE IN THE BACK THAT WAS APPROVED BY ALL, ALL OF THOSE PEOPLE.
I HAVE TWO MORE QUESTIONS FOR THE STAFF.
UM, THE, THE ZONING ORDINANCE, AS IT IS CURRENTLY WORDED, THAT WAS IN PLACE BEFORE THE PROPERTY WAS PURCHASED IN 2020 OR 2018.
WHAT WAS THE TIMING OF THAT? IT'S NOT A, LIKE, THAT'S MY QUESTION IS THAT'S NOT A NEW THING? UH, NO SIR.
UM, AND IS THERE ANOTHER ALTERNATIVE, SAY THROUGH A, A CONDITION OF USE PERMIT OR ANYTHING OF THAT SORT FOR THE APPLICANT COULD APPLY AND, AND HAVE THE SAME STRUCTURE? NO, NOT UNDER THE CURRENT
[00:45:01]
ZONING BOARD.I MEAN, THIS IS, THIS IS THEIR ONLY, THIS IS THEIR CONDITION OF USE PERMIT.
WE WOULD PREFER YOU NOT
THIS IS A STANDARD POSITION OF THE RPD ZONING.
UM, SO THERE'S NOT ANOTHER NO.
WHAT WRONG ACCESSORY STRUCTURES ARE ALLOWED? I MEAN, YOUR ANSWER IS RIGHT.
THIS ISN'T ABOUT WHETHER THEY CAN HAVE AN ACCESSORY STRUCTURE.
I THINK EVERYBODY IN GLAND, HONESTLY.
UM, I MIGHT BE WRONG ON THAT
IT'S SIMPLY, IT'S SIMPLY THE PLACEMENT IN THE, IN THE SETBACK ACCORDING TO THE COUNTY CODE, WHICH, YOU KNOW, THE COUNTY IS NOT PRIVY TO THE HOA DOCUMENTS.
WE'RE NOT, WE ALSO CANNOT ENFORCE THE HOA DOCUMENTS, WHICH IS FINE.
NO ONE, I'M NOT ASKING FOR THAT FOR SURE.
UM, SO ALL OF THAT IS, YOU KNOW, THAT'S, THAT'S A PRIVATE CIVIL MATTER BETWEEN A HOMEOWNER AND THEIR, THEIR HOA.
SO THE ACCESSORY STRUCTURE'S FINE AND NOT A PROBLEM.
SO THAT'S WHY THEY CAN'T GET AN SUP 'CAUSE YOU, YOU CAN DO IT, IT'S JUST YOU CAN'T DO IT WHERE THEY WANT DO IT.
IS THAT UNDERSTOOD? OH, WHILE YOU'RE STILL HERE, MS. KEMP, UM, JUST TO CLARIFY WITH THE BREEZEWAY, I KNOW MR. LACEY ASKED THE QUESTION, BUT I THINK WE'VE RULED OUT THAT IT'S NOT FEASIBLY POSSIBLE, BUT JUST SO I UNDERSTAND, WHY DOES THAT MAKE THAT DIFFERENT? 'CAUSE IT'S TECHNICALLY ATTACHED TO THE HOUSE, IT'S NOT AN ACCESSORY STRUCTURE OR WHAT'S THE, WHAT DOES THE BREEZEWAY GAIN IN TERMS OF INTERPRETATION OF THE ORDINANCE? SO IT IS INTERPRETED AS ATTACHED TO THE HOUSE, AND I CAN'T GIVE YOU THE, THE ETYMOLOGY OF THE ZONING AND HOW THEY CAME TO THAT CONCLUSION, HONESTLY.
BUT YEAH, AND, AND USUALLY YOU WOULD NOT SEE A BREEZEWAY THAT IS QUITE, YOU KNOW, IT'S USUALLY TO ATTACH A GARAGE OR LIKE A, YOU KNOW, OUTSIDE OFFICE, GARAGE, APARTMENT, SOMETHING LIKE THAT.
UM, IT'S JUST, IT'S JUST WHAT'S CONSIDERED, AND IT'S NOT JUST G THAT INTERPRETS THAT.
I THINK IT'S PRETTY STANDARD INTERPRETATION FOR COUNTIES TO, UM, THAT IT'S STILL PART OF THE MAIN STRUCTURE, NOT THEN THIS BUILDING WOULD NOT BE AN ACCESSORY.
AND I UNDERSTAND WHY IT'S NOT PHYSICALLY FEASIBLE BASED ON WHAT THE APPLICANT DESCRIBED.
ANY OTHER QUESTIONS FROM THE BOARD FOR STAFF OR FOR THE APPLICANT? HEARING NONE, UM, I NOW ARE OPEN TO THE PUBLIC HEARING OPEN THE PUBLIC HEARING THOSE WISHING TO SPEAK IN SUPPORT OF THE APPLICATION.
PLEASE COME FORWARD BY THOSE, FOLLOWED BY THOSE WISHING TO SPEAK IN OPPOSITION, UM, TO THIS PARTICULAR PROJECT.
FOR THE RECORD, PLEASE STATE YOUR NAME AND ADDRESS.
YOU WILL HAVE THREE MINUTES TO SPEAK, AND AT, AT THE PODIUM YOU WILL NOTICE A GREEN LIGHT THAT WILL GO ON.
AND OF COURSE, UH, WHEN THE RED LIGHT STARTS TO BLINK, UH, YOUR TIME WILL BE UP.
SO NOW I'M GONNA OPEN THE PUBLIC HEARING SESSION.
UH, TWO THINGS I WANTED TO FOLLOW UP AND SAY.
UM, FIRST, I'M SORRY, NAME AND I'M SORRY.
UM, THE, THE FIRST IS I'VE WORKED PRETTY HARD ON THIS PROJECT TO TRY TO GET IT GOING AND, UM, GONE THROUGH THE RIGHT CHANNEL, CERTAINLY HAD NO INTENTION OF SIDESTEPPING THE BUILDING INSPECTION, BUILDING APPROVAL PLANNING PROCESS, UM, THINKING THAT WE WERE ABOUT TO GET A PERMIT.
AND, UM, DEFINITELY, UH, APOLOGIZING FOR THAT AND, UM, WISH WE HADN'T.
HAVING SAID THAT, UM, I HOPE THAT THAT WILL BE LOOKED AT AS A SEPARATE MATTER, AND MY MISTAKE DOESN'T, UM, CAUSED MR. FAA NOT TO, NOT TO HAVE THIS BUILDING.
UH, AND THEN ONE OTHER THING I WOULD JUST LIKE TO REITERATE IS, UM, IT'S BEEN SAID A COUPLE OF TIMES, UM, THAT WE CAN BUILD IN THE BACK OF THE PROPERTY, AND I WOULD JUST, UH, HAVING GONE THROUGH THIS PROCESS THE WHOLE WAY, UM, THE COUNTY IS NOT ALLOWING US TO BUILD IN THE FRONT.
THE HOA IS NOT ALLOWING US TO BUILD IN THE BACK.
AND TO SAY THAT THE COUNTY IS NOT, HAS NO RESPONSIBILITY FOR THAT, IN MY OPINION, IS WRONG BECAUSE THE HOA IS REQUIRED BY THE ORDINANCE.
THE RPUD ORDINANCE REQUIRES AN HOA.
SO I DON'T THINK YOU CAN PROHIBIT BUILDING IN THE FRONT DEMAND AN ORGANIZATION TO MONITOR THE BACK, AND THEN THEY NOT ALLOW YOU TO BUILD, AND YOU HAVE A PROPERTY THAT YOU CAN'T BUILD ANYWHERE.
I, UH, WANT TO, UH, COME TO DEFENSE OF JIM FOR ONE THING.
UM, WHEN I TOLD HIM WHAT THE USE WAS FOR THIS, JIM TOLD ME HE WOULD DO IT AT COST.
SO A LOT OF THE, HIS TIME AND EFFORT AND ALL THIS, THESE
[00:50:01]
FUN THINGS WE'VE GOTTEN INVOLVED IN HERE, UM, HE'S BEEN DOING PRO BONO.AND, UM, I JUST WANTED TO SAY THAT IN CASE, UM, UM, JUST IN HIS DEFENSE FOR WHAT WOULD HAPPEN.
IF THERE NO FURTHER COMMENTS FROM THE PUBLIC, THEN I'LL CLOSE THE PUBLIC HEARING SESSION.
IS THERE ANY FURTHER DISCUSSION FROM THE BOARD? I GUESS I WOULD LIKE THE, THE, UM, MAYBE, I DON'T KNOW WHICH LAWYER I SHOULD BE ASKING THIS QUESTION TO, BUT WHAT, AGAIN, JUST REITERATE, WHAT ARE THE REQUIREMENTS THAT WHERE VARIANCE COULD BE GRANTED AND WHAT ARE THE REQUIREMENTS THAT SHALL BE GRANTED OR SHALL NOT BE GRANTED? WHAT, WHAT ARE THOSE CRITERIA? AGAIN, IF YOU COULD SPELL IT OUT, YOU ASKING ME OF YOUR ATTORNEY? I'M NOT SURE WHICH ATTORNEY ADDRESSES THAT, BUT SOME, SOME ATTORNEY I CAN SAY THERE MIGHT BE TOO MANY ATTORNEYS HERE.
SO AGAIN, THIS IS, YOUR VARIANCES ARE GOVERNED BY STATE CODE AS WELL AS YOUR COUNTY CODE, AND THEY, THEY MIRROR EACH OTHER.
SO A VARIANCE CAN ONLY BE LEGALLY GRANTED IF STRICT APPLICATION OF THE ZONING ORDINANCE WOULD UNREASONABLY RESTRICT THE USE OF THE PROPERTY.
THE NEED FOR THE VARIANCE IS NOT SHARED BY OTHER PROPERTIES, AND THE VARIANCE IS NOT CONTRARY TO THE PURPOSE OF THE ZONING ORDINANCE.
ALONG WITH THAT, YOU ALSO SHOULD CONSIDER THAT IF YOU, YOU MUST GRANT THE VARIANCE.
CAN YOU GO TO THE NEXT SLIDE? OH, I PROBABLY CAN DO IT.
THE FIRST THIS WAS CAN, IS THAT WHAT YOU SAID? YEAH, I, THIS IT IS WRITTEN A LITTLE BIT.
SO THE VARIANCE CAN ONLY BE LEGALLY GRANTED IF STRICT APPLICATION ZONING ORDINANCE UNREASONABLY RESTRICTS THE USE OF THE PROPERTY.
AND THAT'S WHERE YOU ALL, YOU KNOW, CAN DECIDE.
OBVIOUSLY EVERY PROPERTY'S GONNA BE DIFFERENT AND WHAT THAT USE IS, AND THAT'S WHERE YOU ALL GET TO MAKE THAT DECISION.
WE OBVIOUSLY ARGUE THAT THEY'RE USING IT.
THERE'S A BEAUTIFUL HOUSE THERE.
IT'S ON A GOLF COURSE IN LAKE.
THEY'RE USING IT AND HOPEFULLY VERY HAPPY.
UM, ALSO, THE NEED FOR THE VARIANCE IS NOT SHARED BY OTHER PROPERTIES, AND THE VARIANCE IS NOT CONTRARY TO THE PURPOSE OF THE ZONING ORDINANCE.
SO THAT'S SORT OF THE FIRST STEP.
UM, THE SECOND STEP IS THE VARIANCE MUST BE GRANTED IF ALL OF THE FOLLOWING THAT ARE ON THE BOARD ARE TRUE.
SO ALL OF THEM HAVE TO BE TRUE.
SO I DON'T KNOW IF, SO IF YOU WANNA CHIME IN MR. RENEY AS TO A, A BETTER WAY TO DESCRIBE THAT.
IT, IT IS NOT THE MOST, UM, YEAH, IT'S NOT THE EASIEST
YEAH, THE, THE, THE RECITATION IN THE VIRGINIA CODE IS, UM, IS SIMILAR TO WHAT'S BEEN SHOWN UP HERE.
UH, I DON'T KNOW THAT THERE WOULD BE ANYTHING ELSE THAT WOULD, UM, AMPLIFY THE CONDITIONS THAT HAVE BEEN POINTED OUT.
BUT I WOULD SAY THIS, MR. CHAIRMAN, THAT, UM, THERE, THERE IS A PROVISION IN VIRGINIA CODE SECTION 15.2 DASH 2309 THAT, UH, SAYS IN GRANTING A VARIANCE, THE BOARD MAY IMPOSE SUCH CONDITIONS REGARDING THE LOCATION, CHARACTER, AND OTHER FEATURES OF THE PROPOSED STRUCTURE, OR USE AS IT MAY DEEM NECESSARY IN THE PUBLIC INTEREST, AND MAY REQUIRE A GUARANTEE OR BOND TO ENSURE THAT THE CONDITIONS IMPOSED ARE BEING AND WILL CONTINUE TO BE COMPLIED WITH.
THERE'S NO FURTHER DISCUSSION.
UM, I'D LIKE TO OPEN UP FOR A MOTION.
I'M NOT SURE THAT WE'VE HAD ANY DISCUSSION ON IT NECESSARILY.
YEAH, I MOVE THAT WE DEFER CONSIDERATION OF THE VARIANCE TO ANOTHER MEETING.
I THINK IT'S A JANUARY 27TH OR, OR BEFORE IT SHOULD BE ON THAT DRAFT MOTION.
IS THERE A SECOND? THAT'S A QUESTION.
THE PURPOSE BEING TO CONSIDER IT, IS THAT WHAT YOU'RE THINKING OR? MY THOUGHT WAS THAT WE WOULD HAVE OPPORTUNITY TO DISCUSS AMONGST OURSELVES AND THEN COME BACK WITH THE DECISION.
BUT ASHLEY, YOU TELL ME IF THAT'S, UH, MR. RENIE.
I, I THINK THAT, UM, THE, THE PROCEDURE FOR VARI VARIANCES ALLOWS YOU, IF YOU WANT TO, UH, TO GO INTO CLOSED SESSION FOR CONSULTATION WITH LEGAL COUNSEL OR ALSO TO HAVE DISCUSSION AMONG YOURSELVES, UH, AS PART OF, OF, OF THE HEARING IN THIS CASE, NO, I WOULD THINK DISCUSSION COULD HAPPEN HERE AS OPPOSED TO OUTSIDE OF HERE.
MS. PARKER, DO WE NEED TO HAVE A VOTE, UH, FROM THE BOARD TO DECIDE WHAT WE WANT TO DO, WHETHER WE WANT TO HAVE EXECUTIVE SESSION OR CLOSED SESSION NOW,
[00:55:03]
OR MR. RENEY, IF, IF, IF YOU'RE GOING TO HAVE, UM, IF YOU HAVE QUESTIONS THAT NEED TO BE ADDRESSED, UH, TO COUNSEL, OR IF YOU WANT TO HAVE A DISCUSSION WITH COUNSEL ABOUT YOUR, UH, RESPONSIBILITIES THAT SHOULD TAKE PLACE HERE AT THIS MEETING.SO, MS. PARKER, SHOULD WE HAVE A VOTE OR HOW WE, HOW DO WE NEED TO MOVE TO THE NEXT? THERE THERE WOULD BE A MOTION THAT WOULD BE MADE PURSUANT TO VIRGINIA CODE SECTION 2.2 DASH 37 11 FOR THE BOARD TO GO INTO CON UH, INTO CLOSED SESSION FOR CONSULTATION, UH, WITH LEGAL COUNSEL.
IF, IF SOMEONE WANTS TO MAKE THAT MOTION, THAT WOULD BE THE MOTION TO MAKE ALL RIGHT.
WELL, I THINK THAT WAS THE INTENTION OF THE MOTION.
SO I WOULD YEAH, I I CAN'T MAKE THE MOTION.
I'M JUST, IF YOU, YOU WANNA MAKE IT, THAT'S THE WAY YOU WOULD DO IT.
IS THERE A SECOND FOR US TO GO INTO CLOSED SESSION? I WOULD SECOND THAT.
LET'S BRING PROPERLY MOTION MOVED AND SECONDED.
SO WE WILL HAVE A, UH, CLOSED SESSION, UM, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 2.2 DASH 37 11 AND 2.2 37 12 OF THE CODE OF VIRGINIA.
I MOVE THAT THE GLAND COUNTY BOARD OF ZONING APPEALS CONVENE ENC CLOSED SESSION MEETING FOR THE PURPOSE OF CONSULTATION WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS, UH, REQUIRING THE PROVISION OF THE ADVICE PERTAINING TO THE VARIANCE FILED BY DON G FAISON JR.
AND LYNN K FAISON TO THE GLAND COUNTY BOARD OF ZONING APPEALS AS PERMITTED BY SECTION 2.2 DASH 37 11 OF THE CODE OF VIRGINIA.
WE WILL NOW, MR. MR. CHAIRMAN, IF I MAY, UH, A VOTE SHOULD BE TAKEN ON THAT BY THE MEMBERS OF THAT MOTION.
COULD YOU DO A ROLL CALL FOR US, MS. PARKER? YES, SIR.
MR. LACEY? AYE THE MOTION PASSES ON A FOUR ONE.
DO, DO WE WANT TO USE THIS, UH, ROOM NEXT DOOR AS OUR YES, SIR.
HE'S THE BOARD'S ATTORNEY, THE BOARD SUPERVISOR, STAFF'S ATTORNEY I KNOW.
IT'S ONE OF THOSE THINGS WHERE YEAH.
YEAH, I GUESS I SHOULD, I DON'T KNOW WHY.
I DON'T KNOW WHY IT GET VIOLATION.
[01:00:09]
I, THAT'S WHAT HE SAID FROM THE BEGINNING WHEN I CAME UP TO TALK TO HIM AND HE JUST SAID, MM-HMM.I DO KNOW, I MEAN, LIKE, I WENT, I ACTUALLY, I HAVE COURT LIKE I'M JUST INTO THE ACTUAL GOOD JOB.
ALTHOUGH THE MOST ENTHUSIASM SHOW FLOOD CAN'T TELL YOU.
WERE EXCITED WAS HUNDREDS OFS.
SO I COULD, I COULD HAVE JUST GONE, I COULD LITERALLY DIDN'T WANT TO, I DIDN'T WANT TO USE MY TIME FOR THAT, BUT OH YEAH.
I, I DO GET TOO EXCITED FOR STUFF.
HEY, WHAT'S BEEN GOING ON? OH, BUSY.
SORRY ABOUT, I GOT NO MY FAN CLUB OUT HERE.
DID YOU GET STUCK IN 1 64? I COME DOWN THE ROAD.
OH, I ACTUALLY HAD TO, I GOT OFF OF 64.
AND THEN WENT ON BROAD STREET AND THEN HAD TO GET BACK ON.
YEAH, IT'S A PRETTY, PRETTY GNARLY ACCIDENT.
HE GOT CAUGHT UP IN THAT TODAY, SO I THAT AROUND SIX OR TWO 50 INTERSTATE AROUND SIX IS SO PRETTY.
[01:21:57]
[01:22:12]
WE'LL[01:22:12]
COME[01:22:12]
BACK TOGETHER.I HEREBY MOVE FOR CERTIFICATION PURSUANT TO SECTION 2.2 DASH 37 12 D OF THE CODE OF VIRGINIA, THAT THE GLAND COUNTY BOARD OF ZONING APPEALS TO THE BEST OF EACH MEMBER'S KNOWLEDGE HEARD, DISCUSSED OR CONSIDERED.
ONE ONLY PUBLIC BUSINESS MATTERS LAWFULLY EXEMPTED FROM OPEN, UH, MEETING REQUIREMENTS BY THE FREEDOM OF INFORMATION ACT IN THE CO IN THE OF THIS DATE.
AND TWO, ONLY SUCH PUBLIC BUSINESS MATTERS AS, AS WERE IDENTIFIED IN THE MOTION CONVENING.
THE CLOSED MEETING WERE HEARD, DISCUSSED, OR CONSIDERED BY THE GLAND COUNTY BOARD OF ZONING APPEALS AT THIS TIME, IS THERE ANY FURTHER DISCUSSION? YES, SIR.
AND THEN, SO WE'RE PROBABLY MOVED A SECOND.
AND, AND THEN THE PROPER PROCEDURE IS FOR EVERYONE WHO WAS IN THE, UM, IN THE MEETING ROOM THERE, UH, TO CERTIFY THAT ONLY THOSE ITEMS WHICH WERE DISCUSSED WERE THE ONES THAT WE WENT INTO CLOSED SESSION FOR.
SO EVERYONE HAS TO RAISE THEIR HAND TO CERTIFY THAT MS. YEAH.
LOOKS LIKE ALL HAVE CERTIFIED AGAIN.
ANY, UH, FURTHER DISCUSSION ON THE APPLICATION? I HAVE A COUPLE THINGS.
I, UH, NUMBER ONE, I THINK THIS IS, THIS IS QUITE A HARD, ODD SCENARIO TO, TO DECIDE ON.
UH, I THINK THAT THE CRITICAL ISSUES FOR ME COME DOWN TO WHETHER OR NOT, UH, THIS IS SORT OF A GENERAL CONDITION THAT SHOULD BE DEALT WITH IN THE ORDINANCE AND ALSO WHETHER THE, THE APPLICANT SORT OF CREATED IT BY THEMSELVES.
THIS AS THE MAIN KIND OF CRITERIA FOR ME.
I THINK THE OTHER ISSUES THAT WE DISCUSSED ARE, ARE PROBABLY ALL PRESENT.
UH, I THINK THAT, THAT IN GENERAL, I THINK THAT THIS PARTICULAR PROPERTY, THIS HAS NEVER COME OFF BEFORE
SO I THINK THAT SORT OF, UH, IN MY MIND SPEAKS TO HOW UNUSUAL IT IS AND THAT MAYBE GOING THROUGH THE PROCESS OF CHANGING THE ORDINANCE MAYBE A LITTLE OVER THE TOP FOR FIXING THIS PROBLEM.
I THINK THE ORDINANCE IS CONFUSING.
UH, AND MAYBE IT SHOULD BE ADDRESSED ANYWAY AT SOME POINT AS TO WHAT THAT REALLY MEANS AND WHY THEY, THEY HAVE IT WORDED THAT WAY.
BUT, BUT I DON'T THINK IT, THIS REALLY RAISES TO THAT.
AND, AND SO I GUESS MY INCLINATION IS TO, UH, SUGGEST THAT WE GRANT IT.
[01:25:01]
IF THIS COMES UP AGAIN, MAYBE WE NEED TO HAVE THE ORDINANCE ADDRESSED.UM, 'CAUSE IT HASN'T YET TO COME UP.
AND, UH, BUT I CAN CERTAINLY SEE WHERE THIS PROPERTY IS, IS, UM, VERY LIMITED IN WHAT THEY CAN DO WITH IT.
UH, WE COULD SAY THEY CAN'T DO IT, CERTAINLY, AND THEN THEY'RE NOT GONNA BE ABLE TO DO IT, UH, BECAUSE THERE PROBABLY IS NO OTHER LOCATION THAT, THAT WILL BOTH MEET THE ORDINANCE AND, UH, BE ACCEPTABLE TO THEIR, UH, HOA.
AND SO, UH, MY INCLINATION IS TO SAY WE SHOULD APPROVE IT, BUT I'LL SEE WHAT EVERYBODY ELSE THINKS.
ANY FURTHER DISCUSSION? IF NONE, UH, IS THERE A MOTION ON THE FLOOR? I, I MAKE A MOTION TO APPROVE IT.
IT'S BEEN PROPERLY MOVED AND SECONDED.
UH, MS. PARKER, COULD YOU TAKE A ROLL CALL, VOTE FOR US, PLEASE? YES, SIR.
THE MOTION TO APPROVE PASSES ON A FOUR ONE VOTE.
UH, ARE THERE ANY, UH, OTHER BUSINESS FOR US TO DISCUSS THIS AFTERNOON? THERE IS NO OTHER BUSINESS.
WE DO HAVE, OUR NEXT ITEM IS APPROVAL OF MINUTES.
MR. CHAIRMAN, HAS EVERYONE HAD THE OPPORTUNITY TO READ THE MINUTES FROM THE JANUARY 20, 22ND, 2024 REGULAR MEETING? IF SO, ARE THERE ANY COMMENTS OR IS THERE A MOTION TO APPROVE? MOTION TO BE APPROVED.
I SECOND BEEN PROPERLY MOVED AND SECONDED.
DO WE NEED TO ROLL CALL, VOTE? UH, WE CAN CERTAINLY DO A ROLL CALL.
THE AYES HAVE IT FOR APPROVING THE PREVIOUS MINUTES.
SEEING THAT THERE'S NO OTHER BUSINESS BEFORE THE BOARD OF ZONING APPEALS, THIS MEETING IS ADJOURNED.
YOU, UH, HOW YOU DOING? GOOD TO SEE YOU AGAIN.
BE ABLE TO DO THIS IN ANOTHER FIVE YEARS.
WE DON'T, WE DON'T HAVE VERY MANY.
MY, UM, PREVIOUS JOB WE USED TO HAVE, UM, ON OCCASION.
SO THIS IS THE, THIS IS MY LONGEST RUN AT FIVE YEARS.
NOT GONNA GO SO FAR AS TO SAY BE OUT AND ABOUT.