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From YouTube: Board of Adjustment December 27, 2017
Description
Description
A
A
A
C
No
I'm
about
to
say
something
that's
sort
of
important.
This
is
a
quasi
judicial
proceeding
where
the
Board
of
Adjustment
acts
in
a
quasi
judicial
rather
than
a
legislative
capacity
at
a
quasi
judicial
hearing,
is
not
the
board's
function
to
make
law,
but
rather
to
apply
law
that
has
already
been
established
in
a
quasi
judicial
hearing.
C
The
board
is
required
by
law
to
make
findings
of
fact,
based
upon
the
evidence
presented
at
the
hearing
and
apply
those
findings
of
fact
to
previously
establish
criteria
contained
in
the
Code
of
Ordinances
in
order
to
make
a
legal
decision
regarding
the
application
before
it.
The
board
may
only
consider
evidence
at
this
hearing
that
the
law
considers
competent,
substantial
and
relevant
to
the
issues.
C
If
the
competent,
substantial
and
relevant
evidence
at
the
hearing
demonstrates
that
the
applicant
has
met
the
criteria
established
in
the
code
of
ordinance,
then
the
board
is
required
by
law
to
find
in
favor
of
the
applicant.
By
the
same
token,
if
the
competent,
substantial
and
relevant
evidence
at
the
hearing
demonstrates
that
the
applicant
has
failed
to
meet
the
criteria
established
in
the
code
of
ordinance,
then
the
board
is
required
by
law
to
find
against
the
applicant.
C
D
This
is
principal
planner.
This
is
an
application.
There
needs
to
reduce
the
required
side,
yard
setback.
This
comes
to
us
from
Luke
Bodine,
it's
the
applicant
he's
also
the
property
owner.
The
location
is
1171,
tooks
Road
and
the
zoning
is
our.
Seventy.
The
land
uses
residential
urban
a
little
bit
of
background.
The
applicant,
as
owner
builder,
pulled
a
permit
for
a
detached
garage
on
a
slab
to
be
located
on
his
property.
D
There
is
an
existing
single-family
residence
on
the
property,
the
permit
authorized
pouring
the
concrete
slab
and
installing
the
detached
garage
on
there
was
a
pre
pour
inspection
done
by
building
development,
and
that
was
passed
subsequently.
After
the
slab
was
poured,
there
was
a
post
for
inspection,
and
that
was
denied,
noting
that
the
slab
appeared
to
be
in
the
side
side
yard
setback
that
was
subsequently
confirmed
by
a
surveyor,
showing
an
encroachment
of
up
to
11
inches
into
the
side
yard
setback.
D
The
applicant
is
requesting
a
variance
from
two
sections
of
the
code:
the
side
yard
setbacks
for
detached
garage
garage
and
for
the
r70
zoning
district,
both
of
which
requires
seven
and
a
half,
but
setback
the
requested
variances.
To
reduce
the
setback
to
6
feet,
7
inches
or
6.6
feet,
where
the
slab
currently
sits.
The
request,
if
granted,
would
allow
the
applicant
to
install
the
garage
on
the
newly
poured
slab
I'd
like
to
highlight
just
a
couple
of
things
in
the
review
criteria
there.
D
The
board
should
note
that
the
applicant
did
pull
a
tree
removal
permit
or
a
pine
tree.
That
was
within
the
footprint
of
the
slab.
There
were
three
other
trees.
There
are
three
other
trees
in
the
vicinity
of
the
slab
and
the
applicant.
Those
were
evaluated
by
the
City
arborist
at
the
time
of
permit
application
with
the
applicant
elected
to
leave
those
trees
in
place
and
go
ahead
and
pour
the
slab
with
those
in
place.
The
City
arborist
has
reevaluated
those
trees
in
her
report
is
in
your
packet.
D
The
circumstance
was
as
far
as
item
to
self
created,
but
this
was
obviously
an
unintentional
error
on
the
part
of
the
applicant.
Littoral
enforcement
of
the
code
would
not
deny
the
applicant
reasonable
use
of
the
property,
since
the
project
was
permitted
in
compliance
with
the
code
and
can
be
built
in
compliance
with
the
code.
There
would
be
no
special
privilege
given
to
the
applicant
by
granting
the
variance
since
detached
garages
are
allowed
and
miss
owning,
and
it's
as
far
as
some
item
5,
the
existing
setback
of
6
feet.
D
7
inches
would
not
substantially
negatively
impact
the
neighborhood,
its
staffs
opinion
that
the
basic
rationale
and
the
reasons
for
side
yard
setback
are
substantially
accomplished.
With
the
six
inches.
That's
there
now
the
board
may
consider,
in
addition
to
those
criteria,
section
215
o
to
e
of
the
land
development
code.
D
The
applicant
obtained
the
building
permit,
so
that
does
demonstrate
that
the
project
would
does
meet.
Code
would
have
met
code
if
built
according
to
the
permit
the
applicant
states
in
his
application
that
the
his
concrete
contractor
laid
out
the
slab
laid
out
and
poured
the
slab
incorrectly
and
that
he
can't
rectify
the
error.
So
he
doesn't
elaborate
on
that
any
application.
But
clearly
a
mistake
was
made
the
if
the
variance
were
given
he
could
put
the
garage
on
the
slab.
D
Number
4
is
your
your
normal
criteria
of
competence,
substantial
evidence
and
then
at
the
top
of
page
5
again
as
far
as
the
board,
creating
a
minimum
variance
that
achieves
a
result
fair
to
the
applicant
in
public.
If
the
board
were
to
grant
this
variance
at
a
staffs
opinion
that
there
would
not
be
a
substantial
negative
impact
on
the
neighborhood,
with
a
setback,
notices
were
sent
to
surrounding
property
owners.
D
D
7
inches
number
3,
the
requested
variance,
does
not
arise
out
of
physical
characteristics
of
the
property
or
surrounding
surrounding
area
number
4.
The
condition
on
the
property
for
which
the
variances
requested
has
resulted
from
an
actual
by
the
applicant,
which
appears
to
have
occurred
in
error
number
5.
Littoral
enforcement
of
the
side
yard
setback
requirement
of
the
land
development
codes
would
require
the
applicant
to
modify
the
project
as
it
currently
exists.
In
order
to
achieve
the
permitted
layout
and
comply
with
the
code
required
setback.
Number
6.
D
Granting
of
the
variance
would
not
confirm
the
applicant
special
privileges
not
allowed
for
other
properties
in
this
zoning
district
number
7
granting
of
the
variance
would
not
injure,
in
fact
the
rights
of
owners
of
affected
properties
or
create
a
nuisance
or
otherwise
substantially
named
substantially
negatively
impacts
surrounding
properties.
Page
6
hazard
staff
recommendation
based
on
the
materials
submitted
by
the
applicant.
The
request
does
not
meet
all
of
the
review
criteria
established
in
the
land
development
code,
specifically
section
2
1502,
be
the
criteria
in
Section.
215,
o
2
e
are
also
not
entirely
met.
E
D
D
There
there
are
some
difficulties
with
the
code
in
that
tree.
Removal
means
cutting
it,
cutting
a
tree
down
or
damaging
a
tree
to
the
extent
that
it
will
die
in
two
years.
Apparently,
there
is
a
little
bit
of
gray
area
with
respect
to
whether
the
arborist
would
would
determined
that
those
trees
would
die.
So
it
was
permitted
with
the
trees
in
place,
but
knowing
that
that
there
would
have
to
be
some.
E
F
D
D
D
F
F
F
G
So
you
know
the
footer
inspection
that
happened
on
November
13,
so
that
was
the
I'm
similar
kind
of
question
that
I'm
asking
is
somehow
something
has
possibly
moved
in
four
days
now:
I'm,
actually
in
the
middle
of
doing
a
project
at
my
own
home,
attend
by
ten
addition
and
my
footers.
So
this
is
a
much
smaller
thing
that
I
I'm
building
just
a
little
10
by
10
and
I,
have
poured
footers
mm-hmm.
How
would
have
poured
footer
move
I'm,
not.
F
F
C
I
E
A
C
Coming
up
because
we
don't
see
this
very
often
the
mistake
provision,
there
is
another.
You
know
the
two
15-point
o2e
of
the
land
development
code.
I
just
wanted
to
point
out
that
this
is
much
like
a
regular
criteria
is
it
does
have
an,
and
so
all
of
the
things
need
to
be
met,
not
just
one
of
the
other
just
because
we
don't
think
very
often
and.
J
C
J
J
J
Just
a
corner:
that's
really
in
question
that
kind
of
tapers
back
to
six
foot,
six
inches
well
the
front
of
the
garage.
Actually,
it's
added
space.
It's
eight
foot,
six
inches,
that's
more
than
what
was
actually
approved
in
the
beginning
it
just
if
I
were
to
change,
the
slab
would
be
economically
impractical,
would
be
jackhammering
of
a
24
foot
by
50
foot
concrete
about
Andry
pouring
it.
J
The
way
this
building
is
such
that
I'm
purchasing
and
needs
to
sit
perfectly
in
the
corners
of
the
slab
and
there's
actually
recesses
that
are
poured
into
the
concrete
and
it
just
alterations
to
make
the
building
fit.
This
would
not
work
without
taking
the
slab
out
and
to
answer
the
questions
about
the
trees,
though
the
depth
of
footers
were
not
such
where
it
impacted
the
roots
of
the
trees
and
the
center
of
the
building
is
13
feet
tall.
While
the
tree
branches
are
25
feet
in
height,
so
it
does
not
impact
the
trees
whatsoever.
J
It
needs
to
be
perfectly
with
the
slutting
is
exactly
perfect
for
this
building
to
sit
onto
the
slab
and
there's
recesses
poured
all
the
way
around
the
building
that
that
lit,
though
it's
like
it's
like
a
metal
foot,
I
guess
like
a
metal
footing
that
the
building
attaches
to
that
needs
to
be
perfect.
I
was
a
bit.
The
structure
won't
sit
on
it
perfectly.
F
You
mentioned
that
the
concrete
contractor
I
guess
that
would
be
your
subcontractor.
Yes,
they
were
provided
with
the
plans
and
the
measurements
and
and
all
of
the
things
to
do
their
job
correctly.
Right,
yes,
sir,
and
in
your
notes
it
says
that
they
are
not
able
to
correct
the
problem.
That's
correct!
So
is
there
any
fault
with
them
in
laying
it
out?
Yes,.
J
A
So
I
have
a
question
for
the
city.
I
know
at
least
I
recall
that
when
roofs
are
done,
there's
an
in
process
survey
that
is
supposed
to
be
done
where
they
come
out
and
actually
witness
it.
So
they
they
do
it
beforehand
during
and
then
after
right.
Is
that
the
same
thing
that
is
done
when
they're
pouring
a
slab
they're
supposed
to
be
an
in
process?
Inspection
done.
I
So
for
this
type
of
structure,
you're
not
talking
about
house
it's
a
detached
structure,
so
it
gets
a
little
less
scrutiny,
essentially
there's
an
initial,
an
initial
inspection
for
the
form
to
make
sure
the
form
matches
what's
on
the
site
plane.
That
was
what
was
done
and
that
was
what
was
approved
at
some
point
in
the
time
between
when
that
was
approved
and
when
the
actual
slab
was
poured,
there
was
an
error
that
occurred.
Whoever
was
responsible
that
the
city
can't
really
I
can't
tell
you
who
was
the
one
who
would
that
occurred?
I
All
I
can
tell
you
is
it
happened?
Then?
When
it
was
caught,
there
was
at
the
final
inspection
for
the
slab
itself,
because
you're
dealing
with
a
prefab
structure
there's
a
little
bit
different.
The
slab
is
dealt
with
separately
from
the
actual
structure
itself.
The
structure
will
come
a
little
bit
later.
So
at
the
time
of
that
final
inspection
for
the
slab,
that's
when
the
error
was
caught.
I
A
H
I
H
F
F
Because
I'm
just
guessing
that
the
fact
that
the
silt
fence
can't
go
through
the
tree,
it
had
to
go
around
the
tree
and
thus
kind
of
gave
the
illusion
of
being
parallel
to
the
silt
fence,
rather
than
you
know.
If
it
would
have
truly
if
the
silt
fence
would
have
been
truly
placed.
Parallel
to
the
the
line
I'm
wondering
if
that
was
something
that
you
know,
if
I
guess,
I'm
still
pointing
back
at
the
concrete
contractor
myself.
J
J
F
E
E
J
J
J
A
I'm,
a
firefighter
I'm,
not
I,
don't
have
endless
amount
of
funds.
I
I,
don't
have
a
lot
of
money
to
take
someone
to
court
and
sue
them.
Oh
that's
why
I'm
here
tonight
it
was
all
I
think
it
was
a
homicide
out
that
this
that
there
was
a
problem
with
the
slab
being
over
the
the
seven
foot.
Six
I
came
to
the
city
and
actually
told
them
of
the
problem:
I'm
not
trying
to
hide
anything
or
cover
anything
up.
So.
J
J
That
it
was
kind
of
two
parts
P
as
I
had
an
inspector
come
out.
Coincidentally,
I
had
him
come
out
by
accident
actually,
and
he
had
said
that
looks
like
I
said
over
the
property
line
of
we're
supposed
to
be
and
I
had
measured
it,
and
it
was
actually
too
far
close
to
the
property
line.
That's
why
I
came
to
the
city
and
told
them.
I
was
wrong.
Okay,.
A
J
J
Add
one
more
thing:
yes,
just
I
spoke
with
all
my
neighbors
and
they're.
All
fine
with
us
say
nobody
has
objections
and
actually
the
neighbor
that
lives
on
the
property
line.
He
he
actually
likes
it
prefer.
He
prefers
it
the
way
it
is
with
the
garage
clock
the
way
it
is
instead
of
closer
to
the
property
line
on
the
front.
So
thank.
A
K
Name
is
Walter
Piper,
1,
1,
6
8
to
corrode
and
I'm
one
of
those
old
gentleman
who
walk
around
every
day
and
look
at
things.
So
I
watched
this
thing
being
built.
I
watched
the
steel
going
in
and
I
know
they
didn't
move
it
after
they
put
it
in.
It
was
formed
wrong
by
somebody
and
I
wished.
I
would
have
got
my
ruler
out
and
measured
it
because
it
even
looked
wrong
to
me
tonight.
I
went
out
and
measured
it
and
in
the
center
it's
only
2
inches
off
in
the
front.
K
It's
eight
and
a
half
feet
instead
of
seven
and
a
half
feet,
so
I
went
knocked
on
the
door
of
the
neighbor
there
and
I
asked
him
what
he
thought
and
he
came
out
with
me
and
he
said,
looks
good
to
me.
I,
like
it
wider
in
the
front
and
who
cares
about
the
back.
It's
that
way
past
their
house
and
everything.
So
he
had
no
objection
to
it.
K
The
question
that
I
was
listening
to
was
what
happened
between
the
inspection
and
approval
of
the
footing
and
everything
else.
I
can
tell
you
nothing
moved
because
every
day,
I
walk
by
and
I
didn't
see
them,
lifting
all
that
steel
out
of
there
and
moving
it
over
and
everything
else.
It's
a
big
slab
I've
got
Luke's
name
now,
because
I
asked
him
tonight
he's
new
in
the
neighborhood
he's
made
his
house
looked
wonderful.
We
like
them
in
the
neighborhood
and
we'd
like
to
see
him
not
have
a
major
major
problem.
K
Besides
it's
nice
to
have
a
fire
rescue,
a
man
close
by
so
I
can
tell
you
that
there
was
no
movement
after
the
inspector
inspected
it
and
said,
and
I
watched
every
day,
I
watched
the
steel
go
in
and
everything
else
and
I
thought
wow.
That's
a
big
garage,
a
nice
lab
and
so
I
hope
that,
because
there
aren't
any
objections
that
you'll
find
for
this
young
gentleman
and
help
them
out,
it
does
give
a
variance
at
the
very
end
of
it.
K
A
K
K
While
I'm
up
here,
I
might
as
well
peach
something
else
ten
years
ago,
they
promised
us
sewer
lines.
I
hope
you
guys
can
get
a
variance
and
get
some
sewer
lines
in
I
talked
to
the
mayor
and
I
said
you.
Let
them
put
a
lift
station
at
the
park
right
there.
Then
the
engineers
of
the
lift
station
said
it
would
handle
our
whole
street,
and
the
mayor
told
me
we
can't
pump
your
sewage
into
the
county
or
let
it
go
in
the
county,
but
that
lift
station
puts
it
in
the
city.
D
D
H
E
E
C
A
B
D
H
C
C
A
D
F
A
H
E
E
C
E
C
Really
have
the
Purvi
to
request
more
additional
evidence
from
the
applicant.
It's
not
up
to
the
board
to
prompt
the
applicant
with
what
they
need
to
provide.
The
other
thing,
too,
is
that
testimony
that
was
given
is
that
the
applicate,
the
the
inspection
did
pass
on
the
first
one.
Then
there
was
additional
testimony
that,
from
from
the
witness
that
said
that
nothing
was
moved
and
then
there
was
testimony
saying
that
had
passed
on
the
second
inspection.
You
were
only
to
consider
the
testimony
that
was
given.
C
You
also
had
testimony
from
the
owner
who
said
that
the
contractor
screwed
up,
so
it's
up
to
you
to
take
all
of
that
evidence,
and
some
of
it
is
depicting
and
determine
what
you
believe
to
be
the
truth,
based
on
all
of
the
evidence
that's
presented,
and
whether
or
not
it
meets
all
of
your
criteria.
In
addition,
the
exception
criteria-
that's
there
so
you'll
need
to
make
that
decision,
but
that
wasn't
provided
by
the
applicant.
So
it's
not
for
you
to
consider
on.
G
A
previous
case
I
wanted
for
my
own
education
and
and
building
my
knowledge
of
how
our
criteria
works.
I
had
asked
the
staff
to
clarify
something
that
and
knowing
that
our
city
employees
were
human,
where
they're
going
to
make
mistakes
to
where
there
would
be
a
mistake
and
I
said
and
I
had.
Actually
you
know,
we'd
had
the
conversation
with
Kim,
Kim
and
I
had
talked,
and
that
brought
it
up
with
Heather
of,
if
being
an
inspector
or
permitting
or
whomever
as
a
city
employee.
If
they
were
to
make
an
honest
mistake.
G
That
would
then
necessitate
a
homeowner
or
property
owner
coming
before
this
board,
and
I
was
assured
that
if
it
was
known
that
the
mistake
was
on
this
city,
that
there
isn't
always
the
necessity
to
bring
it
before
the
board,
because
the
city
owns
our
mistakes,
so
I'm
just
curious.
It
makes
me
think
back
to
that
conversation
of
what
happened
between
inspection,
1
and
inspection.
F
A
You
know
to
me
it's
it's
common
sense
that
you
should
be
allowed
to
move
forward,
given
what
happened,
but
it
was
a
genuine
mistake
and
you
caught
it.
You
honestly
came
forward,
so
it's
up
to
this
board
to
make
up
their
own
I'm
simply
one
book,
but
they
will
we're
about
to
go
for
a
motion
either
approve
or
deny
any
more
comments
before
we
do
that.
Yes,.
E
F
H
A
D
E
E
H
C
F
E
A
E
H
C
H
I
just
won't
know
for
a
fact,
in
my
own
cases
that
mistakes
happen
and
I
pretty
much
caught,
many
of
them,
some
of
them
I,
didn't
catch
that
the
city
didn't
catch
and
I'm
still
living
with
them.
So
that's
where
I
feel
you
know
this.
This
happened
and
I
don't
believe
that
that
ever
moved.
That
would
be
absurd.
The
move
rebuffed
because
reball
has
to
be
all
tied
together.
H
F
And
actually
I
did
have
a
meeting
with
Jay
and
that's
where
I
was
trying
to
go
back
to
Compton
expert
okay
brought
the
expert
I
was
fully
prepared
to
go
the
other
way
on
this
fully
prepared
until
that
pre-inspection
that
pre-inspection
for
me.
Provided
me
the
feel
good
about
approving
that
such
permit
based
on
competency
of
everything
about
it.
It
just
to
me
that
just
was
the
deal
clincher
it
wasn't.
It
had
nothing
to
do
with
the
hardship.
I
threw
that
out
had
nothing
to
do
with
the
trees,
trees
different
different
deal.
F
F
But
that's
not
up
to
me
to
decide
his
financial
hardship
of
not
being
able
to
go
to
a
lawsuit
to
to
find
that
solution,
but
all
of
it
would
have
been
averted
with
the
correct
pre
would've
been
simple
at
that
point.
To
fix
everything,
and
it
would
have
been
the
contractors
fault-
don't
pour
this.
It
was
not
approved
right,
so
it
was
a
mistake
that
was
caused
by
another
mistake.
So
and
that's
why
I
feel
I
feel
like
we
did
our
job
and
we
considered
the
competency
of
everything
that
was
there.
H
H
They
propose
a
pre-approved
the
form
and
we
didn't
realize
until
it
was
completely
poured
that
it
was
wrong,
and
luckily
it's
only
holding
a
structure
of
light,
aluminum,
not
house
or
a
garage,
so
all
I
had
them
do,
was
drill
in
and
pour
it
out
so
that
everything
was
23:6
and
that's
how
I
got
around
it.
But
these
things
happen
more
than
you
would
know.
H
So
that's
where
I
was
going
with
this,
because
a
24
by
50
like
this,
it's
a
big
slab.
They
have
they're
rated
on
the
type
of
rebar
they
use,
whether
they
using
size,
4
or
5.
You
know
the
perimeter
has
5
the
inside
has
four
and
these
all
tied
together.
It
worked
before
that
poor
and
they
probably
have
to
have
plastic
underneath
or
termite.
So
there
is
no
way
somebody's
going
to
shift
this.
A
foot
you're,
not
lifting
it,
you're,
not.
G
G
E
E
C
Let's
be
clear:
it's
not
when
you
go
against
staff
recommendation,
you
don't
have
to
rubber-stamp
staff's
recommendation.
I
will
tell
you.
I
have
reviewed
some
staff
reports
where
I
disagree
with
the
staff,
analysis
and
I
think
that
where
they
say
it
should
be
denial,
I
think
it
should
be
an
approval
where
they
say
it
should
be
approval.
C
I
think
it
should
be
a
denial
based
on
the
law
and
based
on
the
packet
application,
but
what
staff
recommends
can
also
change
based
on
the
testimony
that
the
applicant
brings
so
the
applicant
presents
this
and
says
this
is
my
application.
This
is
evidence
for
you
to
consider,
but
then
the
applicant
comes
and
can
bring
witness
this
like
the
gentleman
did
tonight.
I,
don't
know
if
you
brought
him
or
that
man
came
of
his
own
volition
and
then
they
provide
additional
evidence.
That's
not
in
this
packet.
I
mean
he
provided
you
with
evidence.
C
That
was
contrary
to
what
the
staff
had
a
report
of
and
to
what
was
in
the
packet
and
so
you're
to
consider
that
evidence
than
to
weigh
the
credibility
of
that
witness
and
determine
whether
or
not
then
it
meets
the
criteria
and
that
information
wasn't
in
the
packet
for
staff
to
to
consider.
So
no
there's,
no
I
can't
provide
you
with
a
case
that
says
you
went
against
staff
recommendation
and
therefore
than
that
person
sued,
that
that's
not
how
it
worked.
E
F
But
here's
my
point
is
that
and-
and
that
was
my
point
back
to
J-
it
was
City
recommendations,
denial
or
approval
and,
if
I
disagreed,
all
I
need
is
to
have
that
competent
testimony.
That
gave
me
the
the
wherewithal
to
say
you
know
what
I
disagree
and
that's
all
that's
all
Erica
or
J
or
the
law
is
saying.
Is
that
as
long
as
we
have
that
now
we're.
C
To
the
issue
which
you're
talking
about
where
this
board
has
a
twenty
seven
percent
approval-
and
some
of
the
other
boards
had
a
lower
is
one
variances
are
just
that
they
vary
from
the
law,
they
should
be
rare
and
they
should
be
exceptions
to
the
rule,
not
the
rule.
The
difference
is
based
on
the
criteria.
Some
of
the
decisions
this
board
has
made
were
not
based
on
the
criteria
they
were
based
on,
what's
been
deemed
as
common
sense
or
something
outside
of
that.
C
What
this
board
felt
should
be
considered
instead
of
applause,
as
you
should
consider,
that's
where
the
approval
is
a
little
bit
different
and
that's
where
you
might
get
dinged
by
the
law.
If
someone
were
to
take
an
appeal-
and
that
goes
to
the
circuit
court
in
the
appellate
and
they
sit
in
their
Appellate
Division,
they
might
look
at
that
and
say:
there's
no
competent,
substantial
evidence
in
this
record
whatsoever
to
support
that
the
meeting
of
all
these
criteria,
and
in
fact
the
record
demonstrates
that
they
didn't
make
that
decision
based
on
those
criteria.
F
Well,
and
that's
exactly
why
Erica
this
is
another
point
that
I
was
trying
to
make
with
Jay
and
actually
was
perfectly
executed
right
here.
Where
the
homeowner
had
the
report,
he
had
the
smoking
gun
of
the
pre-approval
thing
and
Michael's
right
saying:
well,
it
was
it
was
approved.
We
know
it's
approved,
everybody
agrees
it
was
approved,
but
had
we
been
able
to
see
that
that
would
have
also
been
competent,
substantial
saying
he
checked
off
the
dimensions
were
correct,
I,
don't
know
what
a
pre-approval
poor
form
looks
like
if
it
has
that
great.
F
If
it
doesn't,
maybe
it
should,
but
my
point
was
when
we
asked
him
if
he
had
it,
he
didn't
have
it.
It
was
ten
minutes
away
or
something
we're
not
allowed
to
consider
that
anymore,
because
that's
not
evidence,
he
brought
my
question
then
back
that
was
brought
up
by
somebody
is
why
wouldn't
we
have
it
well
and
I
know
it's
not
the
staffs
responsibility
to
provide
that,
but
if
it
was
a
fully
completed,
form
and
and
I
think
George
you
mentioned,
we
got
pictures
of
trees
that
are
irrelevant.
Okay,.
C
You
understand
that
this
board
is
not
so
there's
three
different
parties
to
every
application
that
comes
before
the
board.
There's
staff,
which
is
the
city
there's
the
applicant,
which
is
the
citizen
or
the
the
person
and
then
there's
this
board,
which
is
an
independent
board.
You
guys
do
not
represent
the
city
or
its
interest
and
you
don't
represent
the
person
or
its
interests.
You
are
supposed
to
be
an
unbiased,
independent
board
that
you
know.
D
C
You
is
there,
you
know
they
don't
have
a
burdens
that
they
actually
don't
have
to
put
anything
together,
they're
just
giving
in
the
application
why
they
put
the
trees
in
there.
I
don't
know
I,
like
I
said
that
was
irrelevant.
Should
they
have
put
the
pre
inspection
report
in
there
I
don't
know
you
know,
that's
not
really
all
that
stuff
lays
on
the
applicant.
They
have
the
burden
to
prove
that
they
meet
the
criteria,
not
that
the
staff
doesn't
have
the
burden
to
prove
that
they
don't
mean
that
and.
F
I'm
totally
right
there
with
you,
however,
when
we're
talking
about
lawsuits
and
if
we
did
the
right
thing
or
if
we
followed
the
law
correctly,
it's
my
contention
that
the
the
staff
needs
to
be
held
accountable
for
that,
and
yet,
if
we
would
have
done
that,
if
we
would
have
followed
that
I
believe
that
we
would
have
exposed
ourselves
moreso
to
a
lawsuit.
Personally,
that's
just
me
because
that
gentleman
had
a
document
saying
that
it
was
approved
and
was
okay.
Well,
let's.
C
Be
clear:
the
law
on
whether
or
not
a
city
makes
a
mistake
and
what
happens
in
the
building
inspection
process
has
nothing
to
do
with
this
board.
If
he
thinks
that
that
was
wrong
and
he
sir
suffered
some
type
of
damages,
he
can
certainly
consult
an
attorney,
but
I
will
tell
you
it
is.
The
law
is
not
favorable
in
his
side,
so.
D
F
C
D
C
What
the
purpose
of
this
board
is
you're
just
to
consider
the
evidence
that's
presented
to
you,
you're
not
supposed
to
do
binding
on
your
own
I
know.
We've
talked
before
about
doing
site
visits
and
how
you're
not
supposed
to
talk
about
it.
If
you
do
it
is
that
technically
evidence
you're
not
supposed
to
present
evidence
but
really
you're
not
supposed
to
do
any
fact-finding
on
your
own
you're,
not
supposed
to
Google
anything
you're,
not
supposed
to
request
things
from
staff
you're
not
supposed
to
do
independent
research,
it
is
on
the
applicant.
C
The
applicant
is
the
one
who
needs
who
has
the
burden,
albeit
sometimes
they
are.
You
know
a
majority
of
the
time,
they're,
very
inexperienced,
they're,
just
homeowners,
they're,
not
contractors
they're,
not
attorneys,
they're,
not
agents
that
do
this
on
a
regular
basis,
but
sometimes
they
are,
but
the
law
is
the
law.
It
doesn't
matter
what
what
you
know,
what
walk
of
life
you
come
from
that
if
the
burden
is
on
them,
staff
works
with
a
lot
of
these
applicants
to
get
to
the
point
where
they
try
to
make
it
work.
C
You
know
that's
why
a
lot
of
your
applications
there
are
a
lot
of
staff
reports,
say
approval,
because
they've
worked
with
them
to
try
and
get
them
to
the
point
where
they.
You
can't
approve
something
like
that.
You
know,
but
at
the
same
time,
they're
bound
by
the
law.
Y'all
are
bound
by
the
law
and
the
applicant
has
the
burden
to
provide
that.
So
for
you
to
say,
let's
continue
it
so
staff
can
give
us
that
free
inspection
report,
which
might
have
made
a
difference,
doesn't
matter
the
applicant
didn't
provide
that
to
you,
which.
K
G
I'm
looking
at
this-
and
you
know,
I'm
just
thinking
as
a
you
know:
I'm,
not
a
horrible
heartless
person,
I
mean
heck
I'm
in
the
middle
of
a
construction
project,
myself,
like
I,
said
I
loved
it.
This
was
approved,
but
the
one
thing
you
know
why
I
voted.
No
is
because
in
the
interpretation
of
you
know
the
first
point
of
you
know:
the
need
for
the
requested.
Variances,
you
know
arises
out
of
physical
surroundings,
shaped
topographical
conditions.
You
know
that
one,
it's
no
all
the
others
were
a
screaming.
G
H
Wanted
to
answer
your
question
John,
even
if
we
had
the
report
on
a
permit
specific
permit,
all
it
will
say
is
preform
and
the
inspector
will
just
put
his
initials
there.
There's!
No,
that's,
not
a
checklist.
There's!
No
checklist!
There's
no
detail
this,
so
even
if
he
had
given
it
to
us,
that's
why
I
said
it
would
have
had
no
relevance
to
this
case.
All
they
do.
Is
they
put
an
initial?
It's
JW
DW,
you
know
Emmie,
that's
it
wait.
E
D
E
G
C
Times
and
and
and
vice-chair
verbosity
is
correct-
we
have
you,
guys,
have
brought
this
before
the
Commission
and
you
will
see
you
know
what
happens
with
that,
but
as
of
right
now,
this
board
is
bound
by
the
law
and
the
law
is
the
law
and
I
am
here
to
be
the
bad
guy
and
remind
you
guys
of
how
this
is
the
law
and
I
know
it's
a
terrible
situation
and
I'm
not
opposed
to
being
the
bad
guy.
I
am
doing.
Do
it
every.
C
A
A
bad
guy,
no,
it's
not
us
against
you
or
us
against
city
staff.
It's
about
fixing
what's
wrong,
so
we're
asking
the
Commission
to
fix
the
law
so
that
these
sorts
of
things
won't
be
a
problem.
Also
we're
asking
the
city
staff
to
please
inspect
whatever
it
is
you're
supposed
to
be
inspecting
and
get
it
right
to
the
best
of
your
ability.
And
yes,
mistakes
can
happen,
but
we
have
to
minimize
that
so
and
learn
from
our
mistakes.
I
mean
this:
let's
not
have
this
happen
again.
C
C
If
you
want
to
go
as
a
private
citizen
to
the
building
department
or
to
the
city
manager
or
to
the
commissioners,
and
let
them
know
that
you
have
a
problem
with
that
and
they
should
look
into
it.
You
can
do
that,
but
this
board
is
not.
It
is
not
in
the.
It
is
not
the
power
and
duties
of
this
board
to
do
that.
If
you
catch
that
and
you
want
to
bring
it
up
as
a
private
citizen
you
can,
but
legally
speaking
your
powers
and
duties
do
not
allow
you
to
do
that.
H
C
E
C
Not
advocating
for
the
citizen
either
you
need
to
that.
This
board
has
to
keep
that
in
mind.
To
is
that,
while
you
might
feel
for
that
applicant
coming
up
here-
and
you
can
see
yourself
in
their
shoes
being
summoned
up
coming
before
this
board,
you
are
not
here
to
advocate
for
that
applicant
you're,
not
here
to
advocate
for
the
city.
You
are
here
to
be
an
impartial
board
and
follow
the
law
you're.
Basically,
this
is
gonna
sound,
terrible,
don't
take
offense.
Your
robot
you're
here
to
take
in
evidence,
apply
it
to
the
law.
C
Your
your
judge,
a
judge,
doesn't
put
themselves
in
the
sea
of
the
defendant
or
in
the
of
the
plaintiff.
The
judge
is
important,
is
impartial.
Listens
to
all
the
evidence
is
presented,
looks
to
the
party
that
has
the
burden
and
says
have
you
met
your
burden?
That's
exactly
what
your
job
is.
You're,
not
supposed
to
be
here
and
saying.
I
wish
I
had
this
this
and
this
go
get
it
for
me.
So
I
can
find
for
you
that
you
can't
and.
F
That
was
actually
what
helped
clarify
it
for
me
when
I
talked
to
Jay,
because
when
I
started
here,
my
very
first
meeting,
it
came
to
me
as
the
first,
the
first
vote
and
I
voted.
No
and
everybody
else
voted
yes,
but
I
was
almost
under
the
impression
that
the
staff
recommendation
was
99.9%,
correct
and
true
and
I've
sat
in
the
seat
and
felt
the
staff
has
been
wrong.
C
Which
is
it's
a
hard
distinction
made,
but
you
know
tonight
the
application
was
an
interesting
one,
and
you
know
I
can't
tell
you
if
you
made
the
right
decision
or
not
I
can
tell
you
what
I
think.
Oh
I'm,
not
gonna
tell
you
what
I
think
my
decision
would
have
been,
but
I
think
that
you
know
it.
This
is
a
good
discussion
that
we're
having
you
know,
I.
Think
that
I
think
that
a
lot
of
these
things
you
know,
regardless
of
what
the
law
is
y'all,
are
bound
to
this.
Now.
C
If
it
changes,
then
you'll
be
bound
to
something
different.
If
it
doesn't
you're
still
balanced
with
the
criteria
are
so
we
just
gotta
make
our
peace
with
what
we've
got
right
now
and
move
forward
and
again
I'm
happy
to
answer
any
questions
that
I
can
and
for
both
of
you
had
questions
about
with
the
city's
liability
or
inspections
I'm
more
than
happy
to
answer
any
questions
after
the
meeting
any.