Montgomery Capital City Connection (CCC) Board of Adjustment, 21 Jul 2022

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From YouTube: MONTGOMERY BOARD OF ADJUSTMENT (7/21/22)

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BOARD OF ADJUSTMENT
July 21, 2022

DOWNLOAD AGENDA

1. BD-2000-148 PRESENTED BY: Bill Wilson, P.E.
REPRESENTING: RaceTrac, Inc.
SUBJECT: Request setback variances for new ID signs to be located at 5705 Troy Highway in B-2 (Commercial) and M-1 (Light Industrial) Zoning Districts.

2. BD-2022-040 PRESENTED BY: Flowers & White Engineering
REPRESENTING: Providence Partners LLC
SUBJECT: Request a rear yard variance for a dwelling to be located at 7146 Fain Park Loop in a PUD (Planned Unit Development) Zoning District.

3. BD-2022-027 PRESENTED BY: Donald Lewis
REPRESENTING: Same
SUBJECT: Request a side yard variance for an accessory structure located at 3518 Woodpark Drive in an R-75-s (Single-Family Residential) Zoning District.

4. BD-2022-033 PRESENTED BY: Reginald Jenkins
REPRESENTING: Same
SUBJECT: Request a separation between structures variance for accessory structures located at 3425 Woodpark Drive in an R-75-s (Single-Family Residential) Zoning District.
.

5. BD-2011-013 PRESENTED BY: Roosevelt Hardy
REPRESENTING: Same
SUBJECT: Request a coverage variance and a separation between structures variance for accessory structures to be located at 16 Kenilworth Street in an R-50 (Single-Family Residential) Zoning District.

6. BD-2022-034 PRESENTED BY: Don Greer
REPRESENTING: Same
SUBJECT: Request a special exception to place a mobile home for living purposes to be located at 1787 Greer Farm Drive in a FH (Flood Hazard) Zoning District.

7. BD-1996-120 PRESENTED BY: Charles & Kathy Liles
REPRESENTING: Same
SUBJECT: Request a street side yard variance for accessory structures to be located at
2468 Capstone Drive in an R-85 (Single-Family Residential) Zoning District.

8. BD-2022-035 PRESENTED BY: Johnnie R. Johnson Jr.
REPRESENTING: Same
SUBJECT: Request a height variance and street yard variance for a privacy fence to be located at 667 Mary Ann Drive in an R-75-s (Single-Family Residential) Zoning District.

9. BD-2022-037 PRESENTED BY: Daniel Builders, LLC
REPRESENTING: Same
SUBJECT: Request a street side yard variance for a dwelling to be located at 8830 Birchfield Place in a PUD (Planned Unit Development) Zoning District.

10. BD-2022-036 PRESENTED BY: ReConnect Worship Assembly
REPRESENTING: Same
SUBJECT: Request a special exception for church use in a building located at 1024 Monticello Park in a B-2 (Commercial) Zoning District.

11. BD-2022-038 PRESENTED BY: Kameesha Lewis
REPRESENTING: Same
SUBJECT: Request a special exception to place an additional mobile home for living purposes to be located at 230 Cillie Lane in an AGR-1 (Residential Agriculture) Zoning District.

12. BD-2022-039 PRESENTED BY: Kelly Hernandez
REPRESENTING: Same
SUBJECT: Request a special exception to keep chickens at 420 East Ogden Avenue in an
R-75-s (Single-Family Residential) Zoning District.

A

A

Businesses, I'll name the call out the name of the petitioner on each item. If you would please come to the podium speak directly into the mic and if you have a face mask on and you're speaking, please feel free to remove that. If you will, because that way, we can understand what you're saying what your presentation is. Otherwise, if we can't hear you I'll have to ask you to remove it um once we receive public testimony and discussion on particular item has concluded middle of the boards will liberate.

A

We will render our decision I remind the members with a personal or any financial interest in any item, you're required to recuse yourself from voting once we receive a testimony from from the petitioner or on behalf of the petitioner. During the test presentation of the agenda item, it will be binding on any decision. The board makes relative to the motion. I remind members of the board. If a motion to deny an item is made, a reason must be given this time.

A

I'll introduce our board members that are here tonight: miss KT, Brown, Marika, Blair, Bo, Holmes, George, Howell, Jennifer Shaw and I'm John Stanley chairman our land staff division. That's here tonight is Miss Tanya Ingham and Jovan Hines, our recording secretary.

A

We have six members here tonight. It requires five votes to approve a motion if you feel as though that might adversely affect the outcome of your presentation, if you can with you, can delay your presentation until the next meeting, if you want to do that, feel like you're inclined to do so, please see uh Tanya Ingram over here to my left and we have another board member walking in so we'll wait just a second for him to get here.

A

That'll give us seven board members.

B

C

Blake we pledge we make it here.

C

Too: well: hey what okay.

A

We'll get started item number one is presented by Mr Bill Wilson.

A

Representing racetrack Inc, requesting setback variances for new ID signs to be located at 5705, Troy Highway and a B2 and M1 zoning District Mr Wilson.

D

Good afternoon Bill Wilson Gonzalez station Associates do I need to statement address I'm some State, my address 1550 uh with the rib Chase drives week. 200 Hoover, Alabama, 35244.

D

I'm here on behalf of a racetrack racetrack, is looking to build a new store there at uh Taylor, Road and Troy Highway it'll be kind of the Northeast intersection across the street from the across Taylor from the new Speedway they're requesting the signs setback, the the required sign setback extended they're requesting to be able to reduce it down to zero feet. The sign locations are in the red clouded areas there. On the on the side plan, we've got one on Troy Highway.

D

We've got one on Taylor Road, that assigned to be a pylon sign: 45 foot, Max height they're, not asking for any variances on the sign itself. The height 200 square footage just asking for appearance on the setback. The reason for the request for the variance is, is the right-of-ways in that area are fairly wide, so the property itself is set a fair distance away from Troy Highway and a pretty good distance away from Taylor Road. Actually, there's a road. That's actually out in Taylor Rose, basically a service road, so we'll have set our sign.

D

Basically behind that. So that's the reasoning for the for the request. Our hardship is, you know, uh right-of-ways that are that are wide in this area to be able to get our sides closer to the roadway that'd be kind of a normal uh setback or a normal distance away from the right-of-way in other areas, so be happy to answer any questions you guys may have.

B

So we're all gonna um tear down the other one I guess it's a marathon currently.

D

Yes, sir, we will be.

B

D

You'll be a.

B

Brand new store and when, um when when are y'all planning on just um breaking ground,.

D

April May 23 next year.

B

And what's the build out on about how long does it take to.

D

Six to nine months build out period, seven months so opening towards the end of the year. The.

B

Under 23., you all aren't scared of competition right next door. Are you.

A

Okay, all right so you're gonna be on the property line.

A

Again, how far are you going to be from edge of payment on the Troy Highway.

E

We will be.

D

Here, yeah it'll be probably 25 to 30 feet off the off the edge baby on the Troy Highway on Troy Highway. That's.

A

Correct I can't hear you you're, not speaking of that mic on on Taylor Road it'll.

F

Be significantly more more like 50 60 feet from right away, because.

B

You'll be between.

G

C

And the service road hold.

B

On exactly hold.

A

On all right, so you're gonna be almost rolling the property line, but about 25 feet off Troy Highway edge of paper. Correct, that's correct!.

C

Okay, all right any questions.

B

Where um how far off the do you guys know how far off the road uh the? uh What is that that's, our Raceway I guess next door across the street? How far off are there signs Speedway? How far off are their sons? Do you know uh not sure I haven't looked at those.

A

Distance, it doesn't matter in this case George. You got a question.

H

I, don't have a question: I have a comment if y'all ever want to know the complete history of that area. Right there going back to about 1860. Let me know my grandfather owned that land a long time ago and I used to live across the road wow.

A

Big deal: okay,.

B

A

Right any any one of the audience care to dress this item. The I'll entertain a motion.

A

Have a motion to prove a second who's? Second I, just don't any further discussion all in favor. Please raise your hand. Okay, good luck! Thanks guys, you bet thank you item two is presented by flowers and white engineering representing Providence Partners LLC, requesting a rear yard advance for dwelling to be located at 71-46, Theme Park loop in an r and a PUD zoning District, Mr flowers, good.

F

Evening, Brad, flowers and white engineering, the property that we're looking at today is over on the new development in Fame Park close to the softball field, the light itself I, don't know how many of y'all got a chance to look at that, but the lot itself had natural eight feet of Fallen across it.

F

From the back to the front, the majority of these Lots had planned on having a rear yard access, our access Drive between those lights to the east and west of the one that's highlighted and be able to access all the houses from that backside would not have been an issue. The problem was now coming in. On the second floor, nothing sat well for a garage come in on the second floor, so they end up having to do a retaining wand on that backside.

F

They've got one lot this one. uh They have a house that the ladies wanting to buy or actually build- and this is the only lot left that would accommodate it. It sets towards the rear because of the retaining wall in the back. They had to reconfigure the house a little bit to be able to get everything in it.

F

What you see on the back there on the top of the diagram, it's basically all porch, they do have a little bit of it, enclosed on two sides and do have a fireplace on the back side of it that you don't see there. But anyway, that's what's on the back. The main dwelling structure is in front of it welding off, but it's a 10 foot porch on the rear and we're just asking for that.

F

Seven foot I think a 7.2 foot variance to be able to extend into that rear, set back a little bit to accommodate this house.

A

So Brad it doesn't interfere with the parking across I mean the drive across the rear.

F

No because of the retaining wall the drive is on the high side. It already accommodates all the lights to the West. There is no rear drive. These all have to be front loaded now, because of that everything had to get shifted and that's what pushed it back.

A

Have there been any other units there that have had the same issue, the.

F

Other ones they've already gotten accommodated. This was the only lot left that had the size to be able to accommodate this house, and that's why they're every other lot. That's of this size is already gone. Okay, all.

C

Right any questions.

A

A

Anyone in the auto Security address inside them the motion motion.

E

A

D motion to approve to have a second second Miss Brown.

A

She can't hear you Miss Ryan.

B

A

Thank you a few seconds any further discussion, all in favor, please say I will raise your hand. Thank you very much. You know.

I

B

A

You Brad item three is presented by Andy Berta.

A

Berta requesting a height and front yard marriage to maintain a privacy fence located at 317, Chisholm Street and an r65 zoning District.

A

Okay, Mr Puerta. Is that correct, yes, need your? uh Are you Andy or is this okay.

C

A

Going to be doing this speaking under one of those people, okay, and uh is your address 317.

C

A

Okay, all right um I believe what you you've got. There is an existing privacy fence that run that comes to the front property line right and it's six feet tall right and uh our agenda says there was a complaint from somebody uh complaining about that right. Would you know why they are complaining.

C

But I can tell you why we did it because we got three little kids. We just went in the house. These are three little kids and then there's such things. You saw 40 song and two years old and there was no fence at all period.

C

So what we did we build it up because the kids, then they was running on an old driveway and there was a bunch of people get on the house. There was different vehicles that were coming through or driveway foreign.

A

Excuse me, but I'm having difficulty understand you my opinion. Probably what happened here is somebody objects you bringing that fence all the way out to your property line, because it blocks visibility.

A

A

Your driveway is on that side. Yeah, your your car is backing in and out onto.

C

C

A

Opposition is or whoever file the complaint is not here and is anyone here, that's here in opposition, okay, Javon. Do you know how to address that? That question.

C

The complaint only came in because defense was past, the house. People know that it's not supposed to be there, but he put it there because the neighbors would use his driveway and cut across in theirs. If you look at that, Ariel you'll see the drive marks coming from his driveway into the neighbors and they have three small children yeah. So they didn't want them to do that.

C

So that's the reason he put the fence, not knowing it was supposed to not be that high in front of another thing: they they uh they uh I, don't want those kids, you know see those people doing drugs because they do drugs. You know.

A

Well, um maybe we can I've got a solution here. Okay, um understand the problem. Okay, we'll deal with this all the time. Okay, but um I'll uh I'll uh ask Mr Holmes to address an idea that he has and see if you're, okay with it. Yes,.

B

Okay, so our concern when these fences come all the way to the street is visibility. People walking on the sidewalks could get run over and backing out of your driveway, okay, okay.

B

So what I'm proposing rather than making you tear the whole thing down, is, if you will take from where you are now move it back 10 feet at a height of three feet: okay, move the fence, so go ahead and just cut three feet off of it: 10 feet back that way: 10 feet low, 10 feet back three feet and that that takes care of our build visibility problem, but it also helps you where they can't drive across it, because you still have a three foot fence there.

B

So good you can you live with that yeah? We can.

C

B

A

C

A

Well, hold on we're not asking for a.

B

E

B

They're, okay, but.

A

um That'll be the corner: you'll leave the corner of the fence there, okay and then we'll lower it lower it down to three feet. You would okay all right all right. um Any further discussion.

C

B

Cut it down to three feet right.

A

So they can see it all right, I'll entertain. A motion is.

B

A

In the auto scared to dress aside them,.

B

A motion to approve um uh that they um move the fence back 10 feet from the corner at a height of three feet tall. It's.

A

Only working to go through four wait: a minute. Are you leaving the fence where it is right, but you're just lowering the fence right from.

C

Six to three feet: tall distance. No! No! Well! That's part! No! That's part of the motor three and ten back. Okay! That's.

A

Perfect, that's: okay. Okay, we've got a motion on the table, all right: okay, okay, so everybody understand the fence stays where it is. He lowers it, but down to three feet to a distance of 10 feet. I.

C

Second, it okay got it right, ready, got.

A

It all right have a second any further discussion. All in favor raise your hands. Thank you. Good.

C

Motion. Thank you.

B

Sir just get with her and she can tell you like how long you have to do that, but it needs to get done, because if we, if you have to come back, we may just make him remove the whole thing. Okay,.

A

uh Item number four is presented by Reginald Jenkins, requesting a separation between structured variants for accessory structures located at 3425, Wood, Park Drive and an r75s zoning District.

A

Mr Jenkins, how.

G

A

How you doing you want to maintain two structures that are already there.

G

Yes, sir I, just that.

A

Are seven feet apart, so you need a three foot separation? Yes,.

G

Sir okay I just recently uh purchase a storage set from uh Home Depot you're gonna have to leak a little louder. I just recently purchased a storage shed okay from Home Depot and when they set it up, it was like three feet too close to my existing structure uh from a house is fine from the property line. That's fine five feet there, ten feet from a home, but I have an existing Tin Shed, that's already there and it's seven feet instead of ten feet and that's my problem.

A

What do you have in the accessory structure and.

G

My Tin Shed I have a lot of lawn equipment um and I work on cars connoissota, so I got my twos and air compressors, and things like that. Okay and so I recently got divorced about a year and a half ago. So I need to keep some other things in the other shed okay, but I thought what I had in my backyard was efficient enough for that 10 by 10, shed that I just got, but it's three feet too close to my existence. Sure.

C

A

C

A

um Can you not move, is it already in place and it's.

G

In place and if we move it, it's going to be too close to something else too close um to the property line or to my house, because I don't have a rear, real backyard. So I really can't move it anywhere else. And if you know, if I'm not approved they're going to have to like tear it down and bring it out, because I have a carport that leads to my backyard. Okay,.

A

Gotcha all right any question board members there Brian anyone the honest care to address this item, I'll entertain.

H

A

Brown makes a motion to approve it. I have a second second Mr Holmes, any further discussions all in favor Roshan.

A

C

You good luck, kiss it.

A

Em number five is presented by Roosevelt Hardy, requesting a coverage variance and a separation between structures, variants for accessory structures to be located at 16, Killingworth, Street and R50. Zoning District, hello.

C

Miss Hardy all right good evening, y'all.

G

uh My name is Roosevelt High, and only about 16 kimwood Street um I'm here today to ask for a varians to put up a carport uh which is uh 20 by 20. uh on that address, and also it brought to my attention. I got two shares, which is uh it's too close to each other.

A

You got a lot of buildings back there in that backyard. What do you? What do you got in those things? What do you want to put in the proposed car Port? Is that just for your car, or is it going to be an enclosed structure? Is.

G

A you put my cars back there. That's.

A

All right and you're, using the you yeah you've got a dwelling in the back of your yard, a gully, a dwelling, a house, not a house, is that a house in the back look.

H

In the upper right corner, what is.

G

That that's my house, that's.

H

F

G

You live in the drilling, that's my house, honey.

H

Okay and you enter off of that street in front of it right.

G

C

H

Okay, what now the inner soft Kenmore Kenilworth Street, which is to the right in this picture, so.

B

A

So so your access is off. Kenilworth Street, not major.

H

A

The house, with.

H

The brown roof.

A

That's not your home, correct the house or the structure with the brown roof. Is that not your home? Is that your home?

A

G

That drug the one with the brown roof, the one said drilling. That's where I.

B

I

We drew the dwelling on there because in.

C

These Aerials, his house didn't exist. It's pretty new okay.

I

C

Those roofs are not his gotcha. Okay got it.

H

And it fronts on Kenilworth street right.

C

B

Is your, is your carport going to be enclosed? No.

G

It's a carport that people bring in and they bought them to the ground. It's an open, carport! It's you can put it on a concrete, the one I'm talking about so.

B

It's like already fabricated, it's already fabricated, so it's like an aluminum, yes, okay, all right and those structures, those 10 by 20 structures or those are those on a pad. Or can they be moved at all.

G

10 got small ones, they have the small will granted in it's been there for 1986 the 10 by 16 I. Put it there because I got permission to put it on there on a vacant. Lot like it was a lot 24 and 16.. I combine those two lights and I got one whole lot there.

G

C

Are you using? Are you using both of those um structures or else storage structures, the 10 by 20? Are you still using that one.

G

C

You still using the 10 by 20 that you said had been there since 1970. Are you still using that to store anything? Are you still using it? Is it still being in use? Do you use it for anything? Do.

G

I use it for anything. Yes, oh I got two I downsize and some stuff I down I came down here with I, couldn't put in that little small house up here. So I got two sheds. One was already there and that ten by the 10 by 20. I put some of my storage equipment in it.

C

A

Well, the money from he's asking for here is a proposed carpool, correct, you're gonna have a you want to propose. You want a carport, a 20 by 20 carport right.

G

Yes, a 20 by 20, carport, 12 or.

A

20 or 20 by 20 20 by 20., okay, gotcha, okay, any further discussion or questions she's.

C

A

No it's to be. It's uh proposed.

A

The carport is proposed, the.

C

Other structures.

A

Are there they.

C

Are that's what I think that's what I'm saying they.

B

Normally require 10.

C

B

A

They will yeah, they normally separation, but there's only 10. Only two foot separation.

C

A

Any further discussion, anyone that ought to care to address this item I'll, entertain a motion.

H

Motion to approve, as.

A

Discussed second motion to approve by Mr Hall, second by Miss Brown any further discussion all in favor. Please raise your hand.

A

You good Mr hardy all right. Thank you. Okay. Thank you.

A

Item six is presented by Don Greer, requesting a special exception to place a mobile home for living purposes to be located at 1787, Greer, Farm Drive in it flood Hazard zoning District Mr degree. Are you part of the Greer Farms? Yes, sir?.

H

You're there all my life.

A

Yeah I used to hunt out there years ago, yeah.

H

Lots of people have hunted and fish yeah how.

C

H

Been oh really good and I appreciate y'all listening to me tonight tell.

A

Us what you want to do you want.

H

To play, okay live on uh that 14-acre plot. There speak a little louder, 14 acre plot that is, is in red there.

H

My house is is uh right there, the square point right in the center of it, and uh we built the house about uh five years ago out there we're in the flood flood zone, flood Hazard Zone, and so we got to make sure our elevation is right, but anyway um mother-in-law, she's, not uh 89, and she just lost her spouse and um we need to move her in with I would like to move her on the property and- and we thought the uh mobile home would be a good idea and be real close to us.

H

So we can take care of her anyway. That's the that's the impetus.

A

So it's going to be for family purposes,.

H

All right so not.

A

Not for rental purposes,.

H

It's just to accommodate her and take care of her as well.

A

That's our standard question. Yes,.

H

And region mobile home instead of AD known, take a lot longer to do and she's 89 I really don't expect this to last very long, and so uh uh anyway, we have to build up to get our elevation right and we have a pad there already. We would have to add a little bit of dirt uh to accommodate the elevation, but anyway, my my septic systems are water's there and okay.

C

We just got it.

H

A

To do that, any questions board members.

A

Anyone else are scared to dress this item. I'll.

C

Entertain a.

A

C

A

Have a motion approve to have a second second Ms Blair, any further discussions all in favor. Please raise your hands.

A

Thank you just be sure it's not used for rental purposes. I, don't know, sir. At any point. I don't want anybody in my back, I know, but that's going to be part of the record sure. Thank you. Okay,.

A

Item seven is presented by Charles and Kathy Lyles, requesting a street side yard variance for this for accessory structures to be located at 2468 Capstone Drive in an r85 zoning District allowance.

E

Yes, sir, how you doing thank you. Thank you good evening, everyone!

E

Yes, sir, my wife and I, my wife, Kathy and I are requesting this variants in order to place a structure, a new shed built by Tough Shed in the corner front corner of the backyard to the right of the slide there, placing eight foot by ten foot eight by ten shed where the existing shed is now the existing shed was there when we bought the house so um we'd like to replace it and with a new shed and move the old shed to a the 10 foot by 12 foot, oh shed to another location back on back in the yard, 60 roughly 60 feet on back.

E

The yard is very deep: the backyard and it's completely fenced in with a seven foot, privacy fence all the way around the backyard so so, uh and today, before leaving I I, just peered back through there to see if I could see the shed if I may paint a picture for a moment, uh just a touch of the top can be seen of the eight by twelve the ocean.

E

So uh we've got some good coverage there, especially especially with the trees and all so, if that's a concern and the uh the 8x12, the original shed that we moved will be uh uh refurbished if you will so that it is uh looking new and it and really uh we want to turn it into a nice Greenhouse.

E

So uh Greenhouse, oh yes, back in the back part of the yard, well three-fourths of the way back in the yard and uh if any of it showing it would just be the very top of the Pete there or the pitch of the roof. So there won't be a lot of visibility there. That's what I'm saying yes.

A

Sir, will the 8 by 10 accessory structure that you're going to put on in the in the same place of the other structure they say now. Yes, you said on a slab. Well, it wasn't on a slab. Yes, sir, it is so there's an existing slab there. It is so that's why you want to put that structure on that slab.

E

A

E

Yes, actually I was going to be a little bit bigger than the structure that we're buying the shed that we're buying but uh and it's a wooden shed with shingles, but we'll we'll make do with that. But that'll allow us to move it on in away from the fence and still have uh still have a slap I guess well.

A

I know that there's been some opposition from some of your neighbors. Really yes, I didn't know that yes, so would you have any reason? Why do you think that they would be concerned about it and I, don't know if anybody's here to oppose it or not? Okay, I'll get to you ma'am in a moment. Would you have a reason or I didn't know why they would have some opposition? Is it too close to the property line or.

E

No necessary I can't think of any reason that the fence itself is pretty much right on the property line and um I can't really I can't really think of anything. Well.

A

The the one that you're going to move is there some way you can move it away from the property line. Yes,.

E

We I plan to at least have it five feet moved in five feet from the property line.

A

That's yeah. You've got it five feet off the property line. The.

E

One that the existing one now is not it's right within a foot or so of the property line and the fence- yes, sir, but the the sheds now will be the if, if approved, of course, the new shed will be four feet, at least from the property line and the new and the original shed moved to at least five feet away from the property line. Yeah.

A

But one's going to be five foot off the proper line, the other's gonna be four feet off the property. Yes, sir. Okay, all right any uh questions. The petitioner before I go to the opposition, okay ma'am, which allows you'll just uh step aside and let's see what she has to say.

I

A

To need yeah I need your name and address, and please speak clearly.

I

I'm at a resident of 2643 Capstone, Drive I am past president of Von Meadows neighborhood association and a current board member one of the things that we are concerned about.

A

Pull the mic down.

I

Oh okay, one of the things that the board is concerned about is whether or not the shed will comply with the covenants that run with the neighborhood will not have an opportunity to see that, but he might be able to answer that question today. The other concern that we have is that the structure is I understand. It will be shown above the privacy fence, and this piece of property is on a main thoroughfare through the neighborhood Fieldcrest and Capstone, and he's right there on the corner.

I

So we're concerned about the Aesthetics that might uh uh occur as well as the fact that some neighbors, when they see this might think, is okay depending on the structure, whether or not it's with the covers or not. We are trying desperately to keep this things in our neighborhood in place and to get those that are in the neighborhood and the new neighbors that are moving into the neighborhood to comply with the structures. You know pursuant to the Covenant, and that is our basic concern and we understand you want to enjoy.

I

You know your home and we always want to be neighborly, but we do want to express those concerns.

A

Please understand we don't have jurisdiction over covenants and restrictions. I.

I

Understand that, but we still.

A

That would have to come from enforcement by your.

I

We're here to express our concerns that I never know what uh all of our concerns are have.

A

You got a suggestion on the distance off the property line.

I

I'm sorry have.

A

You got a suggestion because all we're dealing with here is the street side yard bearings. Okay, we're not we're not dealing with what it looks like we're, not dealing with the Aesthetics. Well, okay, but have you got a suggestion that might be agreeable to the HOA move it off of the side, property line of something.

I

Well, I would like an opportunity if possible, if, if we, if the association would have an opportunity to speak with Mr Lyles about our concerns and see if we could come up with something that we all would be amenable to.

A

I

A

Right, Mr laws, you're, okay with us, delaying that and y'all try to reach a compromise, have a motion to delay so.

C

A

Have a motion Miss Brown, to delay a second.

A

All in favor raise your hand. Okay, thank.

I

A

Delayed till the next meeting, Tanya.

A

Maybe y'all can work it out between now and then. Okay.

C

A

Thank you. I'd have made us presented by Johnny Johnson.

A

Miss Johnson Mr Johnson here.

B

A

Yes, you're right, you're right, we'll we'll hold him over to the next meeting. Okay,.

A

Item nine is presented by Daniel Builders LLC, requesting a street side yard variants were dwelling to be located, 8830 Birchfield place in hudsonian, District flowers,.

F

And present for Mr Rusty Daniel Daniel Builders. um The lot that's in question right here is on the corner of Birchfield place and Birch Way. Look at the plat the lot that is uh behind this one, it's actually in the back of the cul-de-sac. You can see it there on the South Side. It is a really odd shape lot, um so that house that will be eventually built on in the cul-de-sac will be sitting well back behind all of these lights.

F

What's happened on this one is when we developed all the house plans the front yard setback is on Birchfield place, but it did not get shown on Birch, Way uh being a double-sided Street or a double-sided lot, and so the house plans were all completed. This house plan is in keeping with every house plan that he's got out there as far as width, but because this lot had that other 10 foot right there, it encroached across that line for the front setback.

F

So what we're asking for is a variance right there and the variance I believe that you have in your packet and I want to give you all this. We actually have a better picture, because the variance that's needed is actually going to be uh roughly three feet, because if you see there on the top side of the house, you start into a cul-de-sac and there's a curve right there.

F

The dimension that was shown on the plan that you have is the front corner in the straightaway, but it does encroach a little bit further, as that cul-de-sac starts in and you get the curve radius. So it's actually a three foot on the back corner that we're going to be asking for. If that's, okay, not.

A

One foot ten inches but three feet: correct.

F

We're pushing the actual dimensions like 17 foot, let me see it's 17 foot, 4, inches or give or take, and when you get in the variation with the brick we'd, ask if you don't mind us coming three feet into that and allowed to put it at the 17 just to be safe. While we're doing it and like I said there will not be a house behind so there's no fear of blocking anybody's view or visibility. That's going to be back behind us.

A

Okay, any question board members all right, so we would be approving a three foot. Street side guard, bearings. Okay, all right brother, yes, correct three feet:.

E

A

Foot not one foot, ten inches, three foot, no inches correct three foot, any uh any questions. I'll entertain a motion motion.

C

A

Go ahead, that's fine motion for Mr Markham. Second, for Mr Howell.

E

A

Any further discussion, all in favor raise your hand. Thank you very much how you doing Rusty.

A

You might have quiet out there.

A

Item 10 is presented by reconnect worship assembly, requesting a special exception for church use in a building located at 1024 Monticello Park in a B-2 zoning District.

C

ah Yes, sir, my name is Latasha shine, I'm in the board of reconnect worship assembly, and we would like to use 1024 Monticello Park as a place of worship. We are proposing for additional parking with seven few seven parking spaces added with gravel with bumpers foreign.

A

You, for a special exception for church use, that's okay, but we are concerned about what you're going to do about parking. Okay. So let me, let me confirm with you your hours of services, Sundays from 10 a.m, to 2 p.m. Yes, sir, roughly Tuesday and Thursday 6 p.m, to 9 p.m.

C

Yes, sir, okay.

A

All right, I'm, very familiar with that cul-de-sac and I, know that there are a lot of other property owners in that cul-de-sac and you will not be able to park on the street all your and you got a big lot there. You got plenty of room to park, yes, but parking will not be allowed, even though you only provide 15 parking spaces. You're gonna have to provide more if you're going to have 75 members. Yes, sir, okay and uh those parking spaces need to be marked with bumpers or striped parking spaces.

A

Okay, she cannot park in the street, otherwise seeds are going to be getting calls complaining all right now, because you're going to be operating from during night time, hours, Tuesday through Thursday uh you've got to make sure you got adequate lighting serving your parking lot.

C

Yes, sir, we do.

A

You do or you will it.

C

Already has adequate lighting.

A

Okay, just be sure, it's got very good lighting there. Okay.

C

Any questions any questions.

A

Okay, anyone in the older scared to dress this item I'll entertain a motion.

C

So be a department, adequate lighting.

A

Yeah, okay, you got that on the parking.

G

Yes, I know and.

A

Because if you only got eight paved and seven proposed gravel spaces, that's only 15 spaces for potentially 75 members, that's inadequate! You have to find more parking spaces. Yes, sir okay.

C

A

All right have a motion to approve to have a second.

C

Second, second,.

A

Mr Markle any further discussion. All in favor raise your hand. Okay,.

C

Good luck! Thank you. Okay,.

A

Item 11, presented by Kamisha Lewis, requesting a special exception to place an additional mobile home for living purposes, to be located at 230, Sealy Lane and an AG one. Zoning District out of here no show.

A

Hold it over to the next meeting item 12 presented by Kelly Hernandez, requesting a special exception to keep chickens at 420, East, Ogden Avenue and an r-75s zoning District, um hello, Miss Hernandez.

C

How are you doing.

A

I believe this came in as a complaint. Yes,.

H

A

I believe, uh according to this, you've got 12 chickens. Yes,.

C

H

Ones and six small ones.

A

We all could concert.

C

A

Roosters no rooster! Why do you think there was a complaint? Was it noise or was it smell or.

H

Maybe the noise.

C

Because the The Roosters making noise so I got rid of the rooster already, the rooster is gone.

C

A

Shortly, no roosters, okay, no.

C

A

Now are you complying with the chicken guideline Coop? Yes,.

C

Yes, sir I have the pictures. If you want to see pictures of what the coop looks like.

A

That's okay, we lingerie compliant.

B

Is there any set number they can have.

I

We have guidelines, I think, of course, I. Don't have them with me. What.

B

Is that number Dina six.

I

Six was maximum, but that's based off.

C

I mean less than even an acre. I mean it's a very small lot, but that's just got lunch.

I

A

Can do what you want.

B

C

Wouldn't be fair, it's.

B

A little lot too yeah great.

A

Okay, any other questions I'll, entertain, emotions.

B

In a week, six six.

B

I'd like to make a motion that we allow up to six chickens, um not twelve, no more than six chickens would be allowed and they must follow the city guidelines for chicken, coop and other rules and uh regarding housing, chickens in your yard. Okay,.

A

C

A

Roosters no roosters.

C

B

C

A

Any further discussion.

H

Yes, one more question: these are just chickens that lay eggs. I mean these are ordinary chickens like.

C

Rhode Island Reds, Jersey, Giants and silkies gotcha.

A

Thank you all in favor of the motion.

A

Motion motion carries good luck. Thank.

C

A

That's kind of become our standard for chickens, particularly you're, on a small life. If you had a large lot, we might consider something more.

C

Yeah we're looking for more land, though, is.

A

That your son, yes, sir, hey buddy glad you came.

A

C

The first page, who is Mr Williams, we're through with you, thank you thank you. Thank you. Miss Brown speak up again.

C

By Mr Williams, who is who okay.

B

Who seconded Mr Williams he's wondering who's Mr Williams.

C

Really disabling, what page are you on again.

A

C

A

At the first page,.

I

Who approved the minutes? The.

A

Most were made by Ms Brown seconded by Mr, Williams and.

C

He wasn't here because he's no longer on the board.

I

We'll have to go back and look at the tape and fix that.

A

I

A

Have a Mr Williams as well. We.

I

Will go back and look at the video and see who's? Second in it.

C

And fix it: okay I appreciate that they.

A

Have a motion to adjourn so moved? We have a motion to approve.

C

A

Out of a motion to approve a minute.

C

A

Second, second, all in favor say I.

C

A