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From YouTube: Board of Zoning Appeals July 25, 2023
Description
Board of Zoning Appeals
July 25, 2023
5:30 PM
Call to Order
Minutes
Old Business:
Final Orders
New Business:
A) App 23- 93020 — Variance request from Charles Marvin to reduce rear
yard setback on property at 815 Spring Dr. Zoned RS- 15. TPN: 088- 08- 03-
001.
B) App 23- 92004 — Special Exception request from Clarke McCants to
permit a youth club facility on property at 632 Laurens St. NW. Zoned RS10. TPN: 120- 13- 07- 010.
C) App 23- 92005 —Special Exception request from Maria Glinski to permit
horses on property located at 1798 Huntsman Dr. SW. Zoned RS- 15. TPN:
089- 08- 21- 002.
Adjournment
A
A
A
A
C
D
D
D
D
The
existing
structure
is
approximately
24
feet
from
the
rear
property
line
and
is
considered
legal
non-conforming
based
on
the
location
of
the
primary
structure
on
the
property.
Compliance
with
the
zoning
ordinance
would
require
the
proposed
Edition
come
no
closer
than
24
feet
from
the
rear
property
line.
D
C
D
D
D
Some
variation
exists
regarding
the
development
of
the
single-family
residential
neighborhood.
Most
development
along
Spring
Drive
in
the
immediate
area
generally
consists
of
20th
century.
Excuse
me:
mid-20th,
Century
era,
single
family
construction,
a
lots
deeper
than
they
are
wide
other
Parcels
in
the
vicinity.
The
vicinity
are
also
irregular
in
shape.
Most
homes
in
the
area
vary
between
around
1600
square
feet
to
upwards
of
2500
square
feet.
D
Several
homes
in
the
area
are
also
located
in
the
required
setbacks
and
are
also
considered
legal
non-conforming.
Given
the
age
of
the
neighborhood
and
the
topographic
conditions,
generally
rear
yard,
setbacks
are
established
to
promote
a
standard,
aesthetic
and
open
space
for
single-family
developments.
Excuse
me,
development
within
the
city
of
Aitkin,
as
depicted
on
the
attached
zoning
map
found
Exhibit
C
of
your
agenda
packet
adjacent
properties
within
the
same
block
along
Spring
Drive
are
also
zoned
rs-15.
D
So
this
is
all
rs15
along
Spring
Drive.
Here
they
are
also
utilized
as
single-family
dwellings,
adjacent
properties
to
the
rear
along
Rutledge
Road
Southwest
are
zoned
RS
10
and
are
similar
similarly
utilized
as
single-family
residential
dwellings
agenda.
D
in
your
excuse
me
exhibit
d.
New
agenda
packet
contains
photographs
of
the
property
taken
by
staff
depicting
the
existing
conditions
of
the
property
picture
of
our
notice.
That
was
in
the
front
yard.
D
D
D
A
D
E
Yeah,
just
the
the
angle
of
the
house:
it's
on
the
rear,
setback's,
almost
a
side
set
back,
correct,
yeah,
of
which
the
16
feet
would.
If
that
was
a
true
side,
setback
would
be
well
over
correct
yep.
If
the
proposed
Edition
were
detached
in
some
way,
not
contiguous
roof
line,
what
would
the
setback
it
would
be?
10
10
feet.
It
would
be
10
feet,
correct
the
fact
that
it's
contiguous
with
the
house
makes
it
all
right
yep.
A
A
A
E
B
F
B
A
E
E
E
A
E
B
B
And
that
would
be
a
variance,
an
approval
of
a
variance
to
section
four
point:
two
point:
one
of
the
zoning
ordinance
to
permit
and
approx
an
approximate
16
foot,
rear
yard,
building,
set
back
on
property,
Zone,
residential
single
family,
RS,
15
and
generally
located
815
Spring,
Drive
item
two
location
and
design
of
the
structure
be
consistent
with
the
submitted
site
plan.
The
final
order
to
run
with
the
land
and
the
final
order
be
recorded
at
the
Aitkin
County
RMC
office.
A
E
I
just
like
to
comment
that
this
is
really
the
the
position
of
the
house
and
the
shape
of
the
lot
to
me
really
produce
some
hardship
here
and
trying
to
expand
the
convenience
of
expanding
your
home
in
any
particular
shape
or
way.
I,
don't
really
see
I'm
generally
a
lot
tougher
on
these
than
but
there's
no
really
good
way.
E
E
A
C
D
The
structure
both
structures
are
currently
not
utilized
for
residential
purposes.
The
request
is
for
a
special
exception,
pursuant
to
zoning
ordinance,
section
315
to
remove
and
convert
the
existing.
Excuse
me
Remodel
and
convert
the
existing
structure
into
an
additional
youth
club
facility
for
the
Salvation
Army
pursuant
to
City
zoning
ordinance
section
three.
Four:
two
community
service
facilities
are
considered
uses
of
a
public,
non-profit
or
charitable
nature,
providing
ongoing
education,
training
or
counseling
to
the
general
public
on
a
regular
basis
without
a
residential
component.
D
Examples
include
libraries,
museums,
senior
centers,
community,
centers,
youth
club
facilities
and
Social
Service
facilities.
The
rs-10
district
permits
residential
single
family
excuse
me:
single
family
residences,
type,
1
group
homes,
City
public
projects
and
minor
utilities
by
right.
Community
services,
including
youth
club
facilities,
are
permitted
by
special
exception.
D
Currently
the
site
is
utilized
for
outdoor
recreation
and
activities
as
part
of
the
larger
Salvation
Army
campus
information
provided
by
the
applicant
about
about
the
proposed
use
is
contained
in
exhibit
B
of
your
agenda
packet.
This
is
a
drawn
sketch
of
the
Interior,
the
proposed
change
to
the
interior
of
the
structure.
It's
my
understanding
that
the
exterior
will
not
be
modified
or
enlarged,
but,
as
you
can
kind
of
see,
this
it's
a
little
hard
to
see,
but
this
is
the
current
configuration
divided
into
four
sort
of
rather
small
apartments.
D
Multi-Family
residences
are
concentrated
primarily
along
Lauren
Street
Northwest
across
the
street,
from
the
subject
property
on
this
side,
commercial
and
institutional
establishments
are
prime,
are
similarly
concentrated,
primarily
along
Lawrence
Street
Northwest,
but
on
the
same
side
of
the
roadway
as
the
subject
property.
So
again,
primarily
in
this
this
area
here.
D
D
D
Facility
is
not
anticipated
to
significantly
impact
traffic
or
cause
circulation
problems
in
the
area,
given
its
proximity
to
Lawrence,
Street
Northwest
actually
go
back
here
one.
So
this
is
a
major
arterial
roadway
in
the
city
of
limits,
and
this
primary
axis
is
through
here.
There's
not
access
on
the
Gale
Avenue,
so
they're
going
to
be
accessing
the
site
through
this,
and
there
is
an
existing
park
off.
Excuse
me,
existing
parking,
drop-off
location
on
the
property,
in
addition
is
not
anticipated
to
be
proposed.
D
Exhibit
DNR
agenda
packet,
contains
photographs
of
the
property
taken
by
staff
depicting
the
existing
conditions
of
the
property.
Again.
This
is
just
a
picture
of
our
notice
on
Gale
Avenue
as
well
as
sort
of
the
indication
of
the
this
is
the
property
itself.
It
is
fenced
and
it
is
currently
being
used
for
outdoor
activities
for
the
site.
D
D
D
D
It's
a
little
hard
to
see,
but
this
is
the
additional
building
in
the
back
there
again.
This
is
a
picture
submitted
by
the
applicant,
but
again
just
to
illustrate
the
the
fact
that
the
entire
property
is
fenced
off
and
there's
sufficient
parking
on
site
for
the
additional
use
of
the
facility
here
and
current
use.
B
But
Mr
chair,
but
Max
the
when
I
looked
at
the
property
this
afternoon,
I
the
gate
was
closed,
so
I
couldn't
drive
down
and
look
at
the
fourplex
there,
but
did
I
understand
from
the
write-up
that
there's
another
home
or
another
vacated
yes,
residence,
just
not
far
from
that
correct.
That's
not
part
of
this
request.
D
B
A
D
A
H
I
I
All
board
members
or
board
members
of
the
boys
and
girls
club
and
Captain
tiller
is
the
the
leader
of
the
Salvation
Army
here
in
Aitkin,
along
with
her
husband,
I'm,
happy
to
answer
any
questions
that
the
board
may
have
for
me,
but
just
to
kind
of
summarize.
What
we're
trying
to
do
here
can
y'all
hear
me:
okay,
okay,
this
property,
specifically
the
the
four
Plex
itself,
has
not
been
resided
in.
We
think
since
2012.
I
So
really
it's
kind
of
in
a
state
of
disrepair
at
this
point
and
frankly,
given
its
vicinity
and
the
fact
that
the
Salvation
Army
owns
this
lot
as
well.
We
think
just
our
dream
is
to
convert
this
into
some
use
for
these
kids
that
we
serve
and
the
plan
again.
So
the
building
that
fronts
Lauren
Street,
is
the
teen
center
currently,
and
the
plan
again
is
to
change
the
the
apartment
complex
into
the
elementary
aged
center
for
the
younger
kids,
asbestos
was
mentioned.
It
has
been
evaluated
and
remediated
at
this
point.
I
One
thing
we're
really
excited
about
I'm
sure
you
saw
it
in
the
submissions.
Is
this
sensory
room?
My
understanding
is
that
in
the
city
of
Aitkin,
this
is
something
that's
a
pretty
novel,
especially
in
in
the
country
today,
something
that's
needed,
but
I'm,
aware
of
at
least
one
other
sensory
room
in
the
city
of
Aitkin
with
I
want
to
say
it's
Children's,
Place
and
I'm,
not
sure
if
they've
even
finished
it
yet.
I
But
that
is
something
that's
you
know
near
and
dear
to
me
and
I
think
one
of
those
things
that
is
just
extremely
important
with
mental
health
and
specifically
with
these
kids
developmental
disabilities.
That
you
know
are
you
know,
the
awareness
of
of
what
of
which
is
becoming
more
prevalent
again
I'm
happy
to
answer
any
questions
that
the
board
may
have
for
me,
but
we're
very
excited
to
be
here
and
appreciate
your
consideration
of
this
request.
A
I
E
E
I
Are
and
I'm
happy
it's
a
couple
things
with
that:
actually
the
the
operating
hours
I
guess,
if
you
want
to
classify
them,
that
way
is
so
after
school,
the
after
school
program
when
school
was
in
session
the
operating
hours
of
the
boys
and
girls
club
for
that
program
or
from
2
30
to
6
p.m.
My
understanding
is,
that's
not
going
to
change
and
I
can
confirm
that
with
the
representatives
and
then
during
the
summer
program.
Those
times
are
from
8
A.M
to
5
30
p.m,
and
then
for
the
sensory
room
itself.
I
E
Specific
program
right
so
so
nothing
obviously
projecting
to
the
outside
of
the
building
in
terms
of
light
sound
anything
of
that
nature.
That's
correct!
Okay,
with
regards
to
the
criteria.
Number
seven
I
just
want
to
be
sure
that
by
locating
the
kids
Behind,
the
main
building
is
that
creating
any
need
to
get
them.
F
I'm
captain
April
tiller
I'm,
the
representative
for
the
Salvation
Army
locally.
My
address
is
376
old
Thicket
place
all
right.
So
currently,
the
way
the
operation
is
run
right
now
is
the
teen
center
operates
as
a
teen
center
to
to
50
plus
teens
during
the
summer
and
after
school,
where
they
do
job
Readiness
training.
The
youth,
the
younger
kids,
K-5,
are
actually
meeting
across
the
street
at
Gale
Avenue
in
our
fellowship
hall,
Gail
Avenue
322
is
our
church
right.
A
F
Main
office
where
Social
Services
Administration
for
the
Salvation
Army
is
done
so
in
the
back
side
of
this
building.
There's
a
big
Fellowship
Hall,
like
most
churches,
have
it's
like
the
dining
rooms
where
everybody
eats.
That's
where
our
kids
are
currently
meeting.
When
I
took
the
appointment
in
2018,
we
received
a
grant
from
Lowe's
to
build
to
remodel
the
current
Boys
and
Girls
Club
into
a
teen
center.
F
The
thought
process
at
the
time
of
taking
the
grant
of
the
current
officer
then,
and
the
current
Boys
and
Girls
Club
well,
a
teen
center
would
never
thrive
in
Aiken.
There's
not
a
need
for
it.
Well
that
director
left
those
officers
left.
This
officer
came
that
director
joined
me
and
we
thrived
and
we
house
any
I
mean
there
was
one
summer
we
had
87
teens
that
pay
their
own
way
to
come.
So
this
program
for
the
for
the
teens
was,
is
so
important,
and
so
is
the
one
for
the
kids.
F
So
we've
been
operating
out
of
two
buildings,
one
across
the
street,
Bill
Taylor
helped
us
put
that
sign
there,
because
the
kids
had
to
cross
the
street
from
Gale
to
come
over.
To
the
park
when
Kaboom
gave
us
Kaboom
and
belt
gave
us
the
park,
so
here
we
are
outgrown
the
fellowship
hall,
where
we
can
only
have
30
kids
in
that
because
of
well
the
fire
marshal
and
all
their
wonderful
laws
that
I
can't
have
more
than
30
kids
I
have
to
tell
a
lot
of
parents
I'm
sorry.
F
We
know
you
really
want
their
your
kids
in
our
program,
but
we're
already
at
our
Max
so
being
able
to
convert
this
apartment
complex,
adding
that
sensory
space
for
our
kids,
most
of
them,
are
on
the
Spectrum
somewhere.
Most
of
them
have
ADHD
bipolar,
just
different
they're
on
the
Spectrum
somewhere,
and
they
just
need
a
space
where
it's
theirs.
F
They
can
go
and
calm
down,
but
they
can
also
be
a
part
of
the
group
and
join
in
the
fun
when
they
want
to
and
when
they're
able
to
handle
that
if
that
makes
sense,
so
gutting.
This
building
is
completely
useless
to
me
right
now,
I
want
to
make
it
a
space
where
the
kids
can
do
it.
Samantha's
with
me,
I
appreciate,
Jamin
and
Clark.
When
you
got
your
board
behind
you,
you
just
feel
you
know
led
to
do
with
the
best
for
the
community
and
it'll
keep
the
kids
inside
the
gate.
F
We
won't
have
to
worry
about
anybody
running
across
the
street
anymore
because
we're
all
inside
of
a
gated
community
and
it's
safer,
so
it
was
a
hand
on
hand.
This
will
I
mean
we're
not
going
to
add
to
the
structure,
but
you
see
the
Aphasia.
There
needs
some
uplifting.
The
windows
need
to
be
some
uplifting,
the
air
conditioner,
so
all
of
that
will
will
improve
the
outside
by
fixing
it,
but
not
adding
to
it
so
to
look
prettier,
but
the
inside
is
the
biggest
part.
It's
not.
It
doesn't
meet
any
code
standards.
It's
just
something.
F
E
C
F
E
I,
look
at
these
criteria
in
terms
of
existing
and
planned
pedestrian
circulation.
Just
wanted
to
make
sure
we
weren't
creating
a
need
to
have
to
move
kids
either
towards
Lawrence
Street
or
over
Gale
Avenue
or
things
of
that
nature,
and
it's
quite
to
the
contrary.
It
sounds
like
you
got
them
on
the
side
of
the
street
that
you
want
them
on.
So
thank
you
for
that
embellishment.
B
F
So
Samantha
and
I
have
an
office
in
the
space
so
that
we
are
on
site
where
the
kids
would
be,
because
these
specific
buildings
don't
have
an
office
space.
We
want
wide
open
space,
so
we
can
see
the
kids
at
all
times
and
they
can
engage
in
their
activities,
but
we
have
a
private
space.
So
we're
utilizing
that
as
that,
for
now
we
didn't
put
it
like.
Ideally,
I
would
have
liked
to
have
joined
the
whole
thing
and
and
had
it
just
all
zoned,
because
this
is
a
fenced-in
property.
F
I
was
just
advised,
let's
one
nugget
at
a
time,
so
no
we
don't
ever
have
any
use
for
that
to
ever
be
a
residential
residential
place,
but
we're
not
doing
anything
with
it
right
now
other
than
using
it's
a
two-bedroom
house
with
one
bathroom,
a
small
kitchenette
and
a
living
room,
and
so
the
two
bedrooms
there
are
offices
and
the
the
living
room
area
is
being
utilized
just
as
like
a
meeting
place
like
that
in
a
staff
kitchen.
So
that's
that's
that
unless
you
guys
want
me
to
change
that
yeah,
okay,
yeah.
J
I'd
like
to
make
a
motion
that
application
two
three
nine
two
zero
zero
four,
which
is
a
request
for
the
special
exception
at
first
I,
went
to
section.
3.1.5
is
granted
to
permit
a
youth
club
facility
on
the
property,
zoned
residential
single
family
and
located
at
or
generally
located
at
632
Lawrence
Street
Northwest.
The
approval
be
granted
only
for
the
larger
multi-family
unit,
a
lot
the
residential
appearance
of
the
building
is
maintained
and
the
final
order
to
run
with
the
owner
and
be
recorded
at
the
Aitkin
County
RMC
office.
J
H
D
D
H
D
D
Regardless
yeah
I
mean
now,
there's
I,
don't
there
isn't
currently
a
plan
to
enlarge
it,
but
I
think
they
they
could
if
they
wanted
to.
Unless
it's
conditioned
that
you
know
in
perpetuity
of
the
structure.
No
longer
or
sorry
does
not
get
any
larger
unless
it
comes
back
or
something
like
that,
yeah
and.
H
D
Up
for,
and
that
would
still
be
subject
to
any
code
requirements
and
building
permits,
so
there
would
still
be
review
on
the
city's
part,
but
it's
yeah
just
allowing
the
particular
use
in
the
residential
district
in
this
structure
yeah,
regardless
of
its
size,
I,
guess
if
that
makes
sense.
Yes
thank.
H
A
A
C
D
Wish
to
share
with
them
the
planning
department
did
receive
one
written
comment
regarding
the
request
which,
in
exhibit
f.
In
addition,
we
did
receive
a
copy
of
the
neighborhood
covenants
from
the
applicant
I
believe
the
applicant's
agent
I'd
like
to
enter
that
into
exhibit,
but
I
think
it
provides
some
clarification
for
the
the
comment
in
question
they're
a
little
hard
to
read,
but
go
ahead
and
distribute
these
real,
quick.
H
E
E
D
C
D
Mean
the
access
is
off,
Huntsman
I
mean
it's
very
similar
in
many
ways
it's
just
different
as
well.
That
makes
sense,
but
again
the
applicant
may
be
able
to
clarify
okay.
This
was
this
was
submitted
to
illustrate
or
alleviate
the
concerns
of
the
the
the
comment.
These
are:
the
the
construction
of
the
Paddock
areas
or
horse
facilities
prior
to
establishing
a
home
on
the
site.
D
E
D
E
D
D
E
D
E
D
K
E
E
C
C
B
D
D
That
correct
yeah
we
in
in
researching
this,
they
were
conditioned
in
such
a
way
that
the
approvals
did
not
run
with
the
land.
Essentially,
so
they
were
kind
of
based
on
the
use
essentially
being
established
within
a
certain
time
period,
which
did
not
occur
for
one
reason
or
another.
In
both
cases,
the
applicants
never
ended
up
following
through
with
their
proposal
so
because
they're
in
in
the
language
of
the
approval
like
looking
back,
there
was
never
a
condition
that
it
ran
with
the
land.
B
B
And
they
want
the
applicant
wants
to
have
Five
Horses
correct
on
that
five
and
a
quarter
Acres
correct
and
the
and
I'll
see
a
sketch
back
here,
showing
some
paddocks
and
then
a
home.
Is
that
the
way
I'm
reading
this?
Yes
yep
and
again,
I'm?
Sorry
for
my
confusion,
maybe
the
rest
of
the
rest
of
my
colleagues
here
understand
it,
but
we're
given
approval
or
a
special
exception
for
five
horses
on
five
and
a
quarter:
acres
plus
the
home.
C
D
D
D
D
We
that
was
just
a
condition
that
I
put
in
there
based
on
the
the
applicant.
Excuse
me
the
concerns
of
the
neighboring
property
owner
that
doesn't
necessarily
need
to
be
a
condition,
but,
generally
speaking,
the
city
would
not
allow
accessory
uses
to
be
on
a
property
without
a
primary
use.
So,
for
example,
they
cannot
just
come
in
and
put
horses
on
the
property.
There
has
to
be
a
home
right
right
so
that
that
condition
was
included
to
alleviate
any
concerns
of
the
neighboring
Property
Owners.
D
D
The
subject
property
1798
Huntsman
Drive
Southwest,
is
approximately
5.25
Acres
an
area
and
located
on
the
west
side
of
the
city
off
Hitchcock
Parkway.
The
property
is
on
residential
single
family,
RS,
15
and
undeveloped.
The
request
is
for
a
special
exception,
pursuant
to
City
zoning
ordinance,
section
315
to
permit
five
horses
on
the
property
for
personal
use.
D
There
are
two
types
of
stables
addressed
in
the
city
of
Aitkin
zoning
ordinance.
Chapter
10
defines
a
pleasure
stable
as
a
stable
used
to
shelter,
horses,
mules,
Burrows
or
ponies
which
are
kept
or
ridden
for
the
sole
purpose
of
recreation
or
pleasure.
Therefore,
the
purpose
excuse
me,
the
proposed
use
is
classified
as
a
pleasure
pleasure
stable
in
the
Aiken
zoning
ordinance,
which
has
special
criteria
described
in
article
3,
chapter
3
and
attached,
as
exhibit
B
in
your
agenda
packet.
D
As
previously
mentioned,
stables
for
personal
use
are
permitted
by
special
exception
on
Lots
zoned
RS
15.
information
provided
by
the
applicant
about
the
site
and
proposed
packet
as
we
sort
of
discussed
earlier.
This
was
a
site
plan
submitted
by
the
applicant.
It
essentially
mirrors
what
was
approved
back
in
I
think
2002
for
the
the
five
horses
on
the
lot.
But,
as
you
can
see,
there
are
three
Paddock
areas
to
to
the
north,
I
guess
Northeast
and
to
the
west,
and
this
is
where
the
home
and
stable
will
be
constructed
in
the
sort
of
Central
Area.
D
D
In
addition,
the
property
is
large
enough
such
that
horses
can
be
stabled
and
otherwise
kept
in
areas
on
the
premises
that
are
no
closer
to
the
dwellings
buildings
accessory
buildings
and
recreational
structures
on
adjoining
Lots
than
they
are
to
the
dwellings
on
the
premises
again.
Just
to
illustrate
here
that
the
horses
will
be
kept
in
this
area
here
and
the
home
will
be
in
this.
D
Ultimately,
in
this,
this
area
has
proposed,
which
is
closer
than
the
adjoining
structures
on
neighboring
Lots
Hitchcock
Woods
is
identified
in
the
comprehensive
plant
as
a
major
open
space
in
the
region.
The
woods
are
privately
owned,
but
are
open
to
the
public
for
equestrian
and
pedestrian
recreational
activities
and,
as
we
previously
discussed,
the
property
does
have
access
to
a
private
path
which
does
ultimately
lead
up
to
the
entrance
of
Hitchcock,
Woods
I
believe
on
the
southern
portion
of
the
Woods
as
depicted
on
the
attached
zoning
map
in
exhibit
D
nearby
properties
are
developed.
D
A
single
family,
residential
and
lot
sizes
vary
between
0.50
and
5.25.
Acres
in
area
properties
in
the
immediate
vicinity
are
zoned
rs-15
or
unincorporated,
as
we
sort
of
discussed
this
portion
to
the
West
here
is,
is
all
in
the
city
and
Zone
RS
15
to
the
South
is
also
RS.
15
single
family,
residential
there's
a
little
bit
of
commercial
here
on
the
corner,
and
then
this
is
the
previously
mentioned
unincorporated
area,
but
also
single-family
Fox,
Chase
neighborhood,
which
is
equestrian
nature.
D
Numerous
properties
in
the
area
appear
to
have
horses
on
them,
including
the
adjacent
lot
directly
to
the
north
and
numerous
Lots
located
throughout
the
Fox
Chase
equestrian
subdivision.
As
we
mentioned,
this
property
also
has
horses
on
it,
or
at
least
the
ability
to
have
them.
There's
looks
like
there's
paddocks
oops.
D
No,
this
is
kind
of
dying
here,
but
anyway,
they're
sort
of
in
that
that
back
corner
and
then
the
properties,
as
we
mentioned
to
the
north
in
the
Fox
Chase
subdivision
subdivision,
are
it's
an
equestrian
community
that
has
horses
as
well
and
then,
as
we
mentioned,
Hitchcock
Woods
is
accessible
via
the
property.
There's
a
bridal
path
that
leads
to
the
woods
again.
D
You
can
see
the
orange
that's
a
sewer
line,
so
he
maintains
sewer
line,
but
there
is
an
easement
there,
so
the
applicant
basically
is
going
to
leave
that
undisturbed
as
part
of
that
that
easement
or
that
has
proposed
to
do
that
and
then
again
in
18
Excuse
Me
1988.
The
property
received
approval
from
the
city
to
permit
10
horses
on
the
property,
on
the
condition
that
a
home
was
constructed.
D
First,
this
sort
of
predates
the
current
requirements
of
the
ordinance
and
so
far
as
I,
don't
believe
it
went
through
the
board
of
zoning
appeals
at
that
time.
I
think
it
was
probably
Planning
Commission
and
city
council.
It
was
slightly
different
approval
process
for
horses,
but
they
were
permitted
10
at
that
time.
D
Keeping
five
horses
on
the
property
is
not
anticipated
to
significantly
impact
traffic
or
cause
circulation
problems
in
the
area.
Given
its
proximity
to
Hitchcock
woods
and
Fox
Chase,
a
single-family
subdivision
designed
for
equestrian
use,
the
proposed
use
is
also
not
expected
to
adversely
affect
essential
Public
Services,
nor
incur
additional
public
expense.
D
Staff
also
does
not
anticipate.
The
proposed
use
will
cause
adverse
effects
to
a
historical,
cultural,
natural
or
Scenic
site
or
feature
pursuant
to
the
requirements
and
regulations
outlined
in
Section
3
323
staff
does
not
anticipate
the
proposed
use
will
be
contrary
to
the
public
health
safety
and
Welfare.
Exhibit
e
in
your
agenda.
Packet
contains
photographs
of
the
property
taken
by
staff
depicting
the
existing
conditions
of
the
property.
D
D
C
J
J
C
J
J
D
J
D
J
D
D
Yeah
I
believe
that's
the
case,
yeah
that
those
those
prop
that
that
subdivision
does
not
have
horses
on
them.
I
think.
Essentially,
the
applicant
had
submitted
a
a
site
plan.
Basically
that
mirrored
what
was
previously
approved
and
I
think
they
as
part
of
that
approval.
There
was
that
buffer
between
the
two.
Let
me
just
see
if
I
can
find
the
specific
number
that
was
referenced,
though
now
again
that
could
be
increased
or
decreased
based
on
a
condition
that
the
board
may
want
to
include.
D
D
J
D
D
Sure
yeah
absolutely
run
off
yeah
right,
yeah
and
I.
Think
yeah
I
suspect
that,
based
on
the
way,
the
the
it
might
be
a
little
easier
to
see
here,
based
on
the
where,
where
the
they
put
the
sewer
line,
this
is
probably
the
primary
like
drainage
funnel.
So
it's
probably
it
all
kind
of
runs
off
from
the
these
down
into
here,
and
it
runs
back
this
way
down
into
here
and
then
out.
Yeah.
D
D
D
A
D
Yeah
I
believe
it's
a
two-year
period
now
one
of
them
I
think
was
extended
and
again
there
wasn't
ever
any
language
in
the
approval
that
stated
it
ran
with
the
land.
It
was
just
sort
of
you,
you're
allowed
to
put
horses
on
there,
so
there
was
maybe
a
distinction
there,
but
the
ordinance
sort
of
indicates
there
has
to
be
some
actionable
progress
on
the
the
part
of
the
applicant
within
a
certain
time
period,
two
years,
otherwise
it
sort
of
lapses,
and
in
both
cases
that
was
the
that
ended
up
happening.
D
Yeah
now
it
doesn't
necessarily
mean
the
structure
has
to
be
built.
The
ordinance
basically
states
that
some
progress
has
to
be
made.
Rather
that's
submitting
a
permit
or
a
site
plan
to
us
for
review.
We
just
need
to
see
that
they're
making
an
effort
to
you
know
sort
of
progress,
so
they
don't
necessarily
need
to
have
the
structure
completed
in
two
years,
and
that
might
be
you
know,
I
mean,
depending
on
financial
considerations
or
whatever
might
not
be
feasible,
I'm,
not
sure,
but
yeah.
D
E
E
D
D
E
D
B
We
there's
item
number
should
this:
should
a
motion
be
made
and
second
and
so
forth-
item
number
three:
under
the
conclusions:
item
number
three
primary
residence
meeting,
the
residential
design
standards
so
forth
and
so
on
be
built
prior
to
the
keeping
of
horses
on
the
property.
Now
let
me,
let
me
make
sure
I'm
clear
on
this.
B
By
ordinance,
if
we
left
that
language
as
it's
written
right
there
Then
by
ordinance,
they
must
have
a
home
under
construction
or
site
plan
approved
or
something
prior
to
keeping
horses.
But
if
they
submit
a
site
plan,
they
must
follow
through
with
that
site
plan
with
the
construction,
not
kind
of
get
part
where
there
they'd
start
putting.
D
Horses
on
the
problem,
correct,
yeah,
and
that
that's
the
intention
right
to
make
sure
it
doesn't
become
a
situation
where
you
have
a
non-conforming
use,
for
example,
like
a
barn
without
a
home
on
the
site.
So
that's
that's
an
attempt
to
kind
of
make
sure
that
doesn't
happen,
but
yeah
we
would.
We
would
need
to
see
some
sort
of
approved
site
plan
building
permit
whatever
an
actionable
effort
towards
that
goal.
Before
yeah,
we
would
see
horses
on
the
property,
because
that
would
be
an
accessory
use
prior
to
a
primary
use.
Okay
and.
D
Well,
so,
theoretically,
they
could
submit
a
building
permit
within
that
two-year
period
and
start
construction,
but
they
you
know
I
mean
they.
They
could
wait
another.
They
could
take
10
years
to
build
a
home,
but
in
that
10-year
period
they
would
not
be
able
to
have
horses
on
the
property.
Okay
right.
A
C
L
L
I
have
I
just
wanted
to
give
a
little
bit
of
background
from
what
I
understand
from
the
seller
of
the
property
Maria
galinski,
the
buyer,
who
is
asking
for
the
special
exception
to
have
five
horses
on
the
property
could
not
be
here
tonight.
So
she's
asked
me
to
to
be
here
and
be
her
voice.
Yeah,
and
you
had
asked
kind
of
the
history
of
the
property
and
I
can
share
with
you.
What
I
understand
of
the
history
may
I
go
over
here.
Yes,.
A
L
L
L
L
L
And
Mr
chairman
I
have
to
wear
my
glasses
too.
It's
very
hard
to
see
September
1st
1989
is
when
those
were
dated.
So
at
some
point
through
the
history
of
all.
That
sounds
like
Corporation
did
some
sort
of
relationship
with
Fox
Chase
and
those
restrictions
for
Fox
Chase
were
Incorporated
on
that
lot,
on
both
lots,
a
and
and
B
in
those
restrictions.
L
There
is
quite
a
few
hurdles
that
anyone
would
have
to
go
through
to
build.
They
would
have
to
get
a
special
exception
to
have
horses
on
the
property
number
one,
and
then
they
would
also
have
to
go
through
very
specific
two
different
committees
from
what
I
can
tell
from
the
restrictions,
the
Hounds
Lake
committee,
and
then
they
would
actually
bring
in
a
ARB
person
or
committee
through
Fox
Chase,
to
approve
all
the
plans
and
all
that
would
have
to
be
approved
any
any
applicant.
L
L
L
L
She,
whatever
she
does
on
this
property.
I
I
mean
I'm
standing
here
and
and
voicing
for
her
because
I
believe
in
what
she's
going
to
do
and
do
it
well.
I
have
worked
with
her
over
the
years
in
real
estate
and
she's.
She
is.
She
was
very
diligent
in
speaking
to
Maxwell
and
trying
to
figure
out
all
the
things
that
she
had
to
do
to
make
sure
everything
was
done.
The
right
way,
so
I
just
wanted
to
kind
of
give
you
a
little
bit
of
that
background.
K
K
K
D
C
B
C
B
A
C
M
M
K
K
E
F
E
D
G
G
I
feel
like
that's
I'm,
not
realistic.
I'm
Dr
glinski
would
like
to
build
the
dwet
primary
dwelling
on
there
and
the
barn
and
stabling,
but
to
do
all
of
that
in
a
simultaneous
fashion.
I
think
is
asking
something:
that's
maybe
beyond
what
has
been
requested
before
and
really
not
cogent
to
the
the
primary
focus
of
this,
which
is
to
make
sure
that
it
is
suitable
property
for
five
horses,
which
it
certainly
is.
J
Requests
for
special
exception
pursuant
to
sections
3.1.5
is
granted
to
permit
horses
on
the
property
to
Zone
design.
Excuse
me
on
the
property
zoned
residential
single
family
and
generally
located
at
1798
Huntsman
Drive,
be
approved.
No
more
than
five
horses
be
kept
on
the
property,
the
primary
residence
meeting,
the
design
standards
of
chapter
4,
Article,
2
of
the
city,
zoning
ordinance
and
all
applicable
building
code
requirements
be
built
prior
to
the
keeping
of
horses
vehicles
and
trailers
associated
with
the
keeping
of
horses
on
the
property
conform
to
section
4.2.5.
J
A
E
I
guess
there's
no
need
I
mean
we're
here
clearly
to
reference
the
potential
acceptance
of
all
the
criteria
for
special
exemption
and
everything
in
in
the
in
the
motion
or
the
the
exceptions
or
not
exceptions,
the
conditions,
that's
what
I'm
looking
for
any
need
to
reference.
The
other
homeowners
requirements,
Homeowner
Association
requirements.
I
know
we've
kind
of
been
through
down
this
road
before
I.
Just
don't
want
to
set
up
that
then
well.
This
is
approved
by
the
city.
Now
I
can
thumb
my
nose
that
type
thing
I.
D
E
E
E
E
B
But
we
were
as
I
understood
what
Miss
Turner
said
that
they
still
have
to
once.
We
give
our
approval
disapproval
whatever
they
still
have
to
go
through,
if
they're
going
to
if
they
still
have
to
go
through
the
HOA
ARB
requirements
correct.
So
what
we
may
say,
but
I
I
have
a
concern
about
trying
to
go
down
that
road
of
of
then
citing
HOA
rules,
and
this
kind
of
thing,
that's
I,
don't
think
that's
within
our
purview,
I
think.