Aug 11, 2021 Board of Appeals

WHAT STANFORD,

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[1. Pledge of Allegiance.]

AND THE NEXT ITEM ON THE AGENDA IS WHO'S IS GOING TO

[2. Administer the Oath of Office to the Board of Appeals members.]

OKAY.

HI, I'M PARKER.

AND I'M THE CITY SECRETARY FOR THE TOWN OF ADDISON.

YOU HAD TWO PAPERS.

ONE WAS A STATEMENT.

I NEED YOU TO SIGN THE STATEMENT OF OFFICE FIRST.

AND THAT SAYS THAT NO ONE PAID YOU TO BE ON THIS COMMITTEE.

UH, YOU'RE DOING THIS ON YOUR OWN FREE WILL TOTALLY IMPARTIAL.

THAT'S A REQUIREMENT IN THE STATE OF TEXAS.

UH, WE HAVE TO DO THAT.

SO IS IT SUPPOSED TO BE STATEMENT OF OFFICER, OFFICER, OFFICER, OFFICER? OKAY.

YEAH.

I DOWNLOADED FROM THE SECRETARY OF STATE'S OFFICE.

IS THAT A SIGNATURE OF OFFICER TOO? SO I GUESS THAT MAKES SENSE.

YES.

OKAY.

SO EVERYBODY'S GOT THAT AND I'LL PICK THAT UP FROM THERE.

THE, AFTER WE DO THE OATH, THE NEXT ONE IS THE OATH.

AND BECAUSE OF THE TYPE OF COMMITTEE YOU ARE, UH, WHAT YOU, UH, DECIDE IS, IS GOOD IN A COURT OF LAW AND ANYBODY WANTS TO CHANGE.

IT HAS TO GO TO THE COURT OF LAW TO MAKE THOSE CHANGES.

SO THEREFORE YOU ARE AN OFFICER OF THE CITY AND SO YOU HAVE TO TAKE THE OATH.

AND SO I'M GOING TO ASK YOU TO STAND UP AND RAISE YOUR RIGHT HAND AND WHERE IT COMES WITH A BLANK IS JUST STATE YOUR BANK.

SO I'M GOING TO START IT AND NSA STATE YOUR NAME, AND THEN EVERYONE HAS SAVED THEIR NAME.

AND THEN I WILL REPEAT THE DIFFERENT PORTIONS OF THE OATH THAT YOU'LL REPEAT AFTER ME.

OKAY.

I, HI, GARY, DEREK GARDNER.

OKAY.

DO YOU SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE, UH, BOARD ZONING ADJUSTMENT, OR THE STATE OF TEXAS, AND WE'LL DO THE BEST OF MY ABILITY.

OKAY.

PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION AND LAWS.

YOU'RE IN THE MARINES NOW.

OKAY.

IF YOU'LL SIGN IT, I'LL PICK THOSE UP FROM YOU, UH, AND YOUR OFFICIAL.

THANK YOU, SIR.

THANK YOU YOUR WAY.

GET DOWN TO THE REAL DEAL.

THANK YOU.

THANK YOU.

[3. Discuss and take action regarding the selection of a Chair for the Board of Appeals.]

SO, UM, ANYBODY ELSE WANT TO NOMINATE ANYBODY ELSE? SO LET'S TAKE AN OFFICIAL VOTE.

OKAY.

THANKS GUYS.

APPRECIATE IT.

UM, THE ITEM THAT

[4. PUBLIC HEARING BOA21-001/15003 Inwood Road. Public hearing, discussion, and take action on an appeal of the Building Official’s decision for the consideration of an exception to Sec. 18-176 (Setback requirements – Generally), Article XIV (Fences), Chapter 18 (Buildings and Building Regulations), of the Code of Ordinances of the Town of Addison, for the installation of a fence within the required front yard setback line for a property located at 15003 Inwood Road.]

PUBLIC HEARING DISCUSSION.

WE'LL TAKE ACTION ON THE APPEAL OF THE BUILDING OFFICIALS DECISION FOR THE CONSIDERATION OF EXCEPTION, 618 DASH 1 7 6 SETBACK REQUIREMENTS, GENERALLY ARTICLE 18 FENCES, CHAPTER 18 BUILDINGS, AND BUILDING REGULATIONS OF THE CODE OF ORDINANCE FOR THE INSTALLATION OF A FENCE WITHIN THE REQUIRED FRONT YARD SETBACK FOR A PROPERTY LOCATED IN THE ROAD.

AND I IMAGINE IN YOUR STAFF REPORT CARDS.

YES, SIR.

SO GOOD EVENING BOARD MEMBERS, KEN SCHMIDT, DIRECTOR OF DEVELOPMENT SERVICES FOR THE TOWN OF ADDISON.

OKAY.

SO THE REQUEST BEFORE YOU TONIGHT IS AN APPEAL OF THE BUILDING OFFICIALS DECISION, UM, FOR AN EXCEPTION, UH, TO THE TOWN'S FENCE ORDINANCE, SPECIFICALLY ADDRESSING THE REQUIREMENT, UH, FOR FENCES TO BE, UH, CONSTRUCTED AND INSTALLED OUTSIDE OF THE, UH, FRONT YARD SETBACK, UH, FOR THE SUBJECT PROPERTY,

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UH, SO THE ACTION, UH, BEING REQUESTED BEFORE YOU TONIGHT IS TO DISCUSS AND CONSIDER, UH, THE APPLICANT'S APPEAL OF THE BUILDING EFFICIENCY DECISION.

SO THE NEXUS OF THIS REQUEST, UH, IS, UH, THAT WAS SUBMITTED BY THE APPLICANT.

IT REALLY RELATES TO, UH, SOME ONGOING CRIME ISSUES THAT HAS BEEN EXPERIENCED IN RECENT MONTHS.

THERE'S BEEN SEVERAL INCIDENTS, UH, BOTH ON THE PROPERTY AND, UH, ON ADJACENT PROPERTIES, THAT'S RESULTED IN PROPERTY CRIME, UH, IN THE FORM OF, UH, THEFT, UH, STEALING, UH, CATALYTIC CONVERTERS, UH, FROM SOME OF THE APPLICANTS, UH, ON-SITE VEHICLES, UH, ATTEMPTED BREAK-INS, UH, TO INCLUDE, UH, LEFT BEHIND, UH, WEAPONS, PARAPHERNALIA, UH, AND OTHER, UH, EVIDENCE OF A BREAK-IN ATTEMPT AND THEN ADDED ADJACENT PROPERTY.

THERE WAS RECENTLY, UM, UH, A, SOME DESTRUCTION, UH, DESTRUCTIVE ACTIVITY WHERE, UH, A WINDOW WAS BROKEN AND DAMAGED.

YOU CAN SEE THAT ACTUALLY FROM THE INWOOD ROAD, RIGHT.

APPLY.

SO TO, IN AN EFFORT TO, UM, MITIGATE AGAINST THOSE ACTIVITIES, THE APPLICANT, UH, APPROACHED, UH, OUR DEPARTMENT, UH, SUBMITTED AN APPLICATION FOR A FENCE AND, UH, THE DESIGN AND THE INTENT OF THAT FENCE WAS ESSENTIALLY TO ENCLOSE THE APPLICANT'S PROPERTY BY INSTALLING A PERIMETER FENCE AT THE INWOOD ROAD, RIGHT.

THE PROPERTY BOUNDARY.

SO IT WOULD ESSENTIALLY BE AT THE SIDEWALK, UM, BOUNDARY ON INWOOD ROAD.

UH, AND THEN THAT WOULD INCLUDE A GATE THAT WOULD BE OPEN DURING BUSINESS HOURS, AND IT WOULD BE CLOSED, UH, AFTER HOURS.

UM, THAT GATE WOULD BE, UM, TREATED IN A WAY WHERE, UH, PUBLIC SAFETY ACCESS COULD BE ACCOMMODATED WHEN IT'S CLOSE.

UM, SO THAT APPLICATION WAS ULTIMATELY DENIED BY THE BUILDING OFFICIAL, DUE TO IT BEING SITUATED, UM, BASED ON THE PLAN, RIGHT AT THE RIGHT OF WAY, UH, EVEN POTENTIALLY IN THE RIGHT OF WAY.

BUT IF IT'S ON THE PROPERTY, IT WOULD DEFINITELY BE IN THE FRONT YARD SETBACK.

SO, UM, THIS PROPERTY IS ZONED COMMERCIAL.

ONE DISTRICT THAT DISTRICT REQUIRES A 25 FOOT FRONT YARD SETBACK.

SO THE CLOSEST THE APPLICANT COULD INSTALL THAT FENCE AND A CODE COMPLIANT MANNER WOULD BE TWENTY-FIVE FEET TO THE WEST OF THE, UH, EASTERN PROPERTY BOUNDARY AND DUE TO THE DESIGN OF THE SITE.

UM, AND YOU CAN SEE IT THROUGH SOME OF THESE SITE PHOTOS THAT WOULD REALLY, UH, COMPLYING WITH THAT REQUIREMENT WOULD PUT THE APPLICANTS EVENTS, UH, WITHIN THEIR, THEIR PARKING LOT.

SO IT WOULD NOT BE A FEASIBLE DESIGN FOR HIM.

SO THAT'S WHY IT IS AT THAT, UH, EASTERN PROPERTY BOUNDARY.

ONE THING I WOULD HIGHLIGHT AS WELL, UH, THIS OBVIOUSLY ISN'T A DESIGN OF, UH, WHAT IS PROPOSED ON THE SITE, BUT THE APPLICANT DID SHARE THIS IMAGERY AS A, AS A MEANS TO SHOW THE CHARACTER AND DESIGN INTENT OF WHAT HE PROPOSES, UH, GENERALLY A FOUR FOOT HIGH, UH, ORNAMENTAL FENCE WITH A MASONRY COLUMN, SOMETHING THAT WOULD BE VERY CONSISTENT WITH, UH, THE CURRENT LANDSCAPE EDGE, UH, THAT, UM, IS AT THE INWOOD FRONTAGE OF HIS PROPERTY, CONSISTENT WITH THE ARCHITECTURE, UH, THAT EXISTS AT THAT PROPERTY AND SOMETHING THAT CERTAINLY WOULD NOT BE IN, UH, UNAPPEALING, UH, IN THAT CORRIDOR.

UM, SO JUST TO GIVE YOU A BIT OF FLAVOR OF THE, UM, UH, PSYCH CONDITIONS, UH, DO PROVIDE A FEW IMAGES, THIS IMAGE, THIS IS ACTUALLY THE SOUTHERN LIMIT OF THE APPLICANT'S PROPERTY LOOKING, UH, TOWARDS THE ADJACENT PROPERTY TO THE SOUTH.

YOU CAN SEE SOME OF THAT PROPERTY DAMAGE THAT EXISTS THERE IN THAT ADJACENT BUSINESS.

YOU SEE WHERE THE SIDEWALK TERMINATES, AND THEN YOU ALSO START TO SEE SOME OF THE POTENTIAL CONFLICTS WITH THIS REQUEST, WHICH IS REALLY THE UTILITIES THAT EXIST AT THE PROPERTY BOUNDARY HERE.

YOU SEE, UH, SOME, UH, FRANCHISE UTILITIES, UH, THEN YOU SEE SOME POWER POLES AS WELL.

UH, THIS IS NOW LOOKING NORTH FROM THE SOUTHERN LIMIT OF THE APPLICANT'S PROPERTY AND SEE THE SIDEWALK THAT WAS INSTALLED WITH THIS PROJECT.

AND THEN YOU SEE, UH, THE APPLICANTS, UH, ACCESS ONTO INWOOD ROAD.

AND YOU CAN SEE THAT THERE IS A, UH, LANDSCAPE BUFFER, UH, INSTALLED AT THIS EDGE.

AND THEN ALSO YOU HAVE PARKING A BUDDING THAT, WHICH WOULD ONCE AGAIN, BE IN THAT FRONT SETBACK.

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AND THEN THERE, YOU SEE THE NORTHERN EDGE OF THE PROPERTY BOUNDARY, WHERE YOU SEE, UM, THE SIDEWALK TERMINATES.

AND THEN ONCE AGAIN, YOU HAVE, UH, UH, DRIVE ISLES AS WELL AS PARKING, VERY CLOSE AND WITHIN THAT A 25 FOOT FRONT YARD SETBACK.

SO, UH, AS I NOTED EARLIER AND IN THE STAFF REPORT, BUT REALLY ONE OF THE PRIMARY CONFLICTS BEYOND THE CODE REQUIREMENT, OF COURSE OF THAT, UH, NOT ENCROACHING THE 20 FOOT, UH, FRONT YARD SETBACK IS THAT THERE ARE SOME PUBLIC UTILITIES, AS WELL AS, UH, PRIVATE UTILITIES, UM, AT THIS EASTERN PROPERTY BOUNDARY.

THE MAIN CONFLICT FOR THE APPLICANT HERE IS THE, UH, EIGHT INCH SANITARY SEWER LINE.

UM, YOU CAN ACTUALLY, THERE'S SOME MANHOLES IN THAT, UH, LANDSCAPE EDGE.

AND THEN THERE IS ALSO AN EASEMENT, UH, THAT, UH, THAT SEWER LINE, UH, IS SITUATED WITHIN.

SO THAT EASEMENT, AND THIS IS TYPICAL OF ANY, UH, REQUEST SIMILAR TO THIS, UM, FOR OUR PUBLIC WORK STAFF TO PROPERLY MAINTAIN THAT PUBLIC INFRASTRUCTURE.

UH, YOU WOULD NOT BE ABLE TO PUT IMPROVEMENTS SUCH AS THIS, WITHIN THAT EASEMENT, WITH THE EXCEPTION OF CROSSING THE EASEMENT WITH THE APPLICANT'S REQUEST, HE'S PROPOSING TO RUN WITH THE EASEMENT, UH, WHICH WOULD THEN BE AN IMPEDIMENT TO, UH, TIMELY AND EFFICIENT AND COST EFFICIENT MAINTENANCE OF THAT SEWER LINE.

SO, YES, SO THE FENCE IS BEING PROPOSED WITHIN THE CEMETERY.

YES, SIR.

IT'S SOMETHING THAT IS FIVE OR 10 FEET, 10 FEET FROM THE BACKSIDE OF THE CONFERENCE.

SO THAT FROM THE EASTERN PROPERTY BOUNDARY, SO STAFF DID PROVIDE NOTICE FOR THIS REQUEST TO ADJACENT PROPERTY OWNERS.

WE HAVE NOT RECEIVED ANY ADDITIONAL FEEDBACK RELATED TO THIS REQUEST OF THE APPLICANTS, ROGER, UH, THE GIRL PICKER, GORY OF, UH, ADDISON PET GUARD.

UH, THE OWNER OF THE BUSINESS IS HERE WITH US TONIGHT AND HE'S AVAILABLE TO ADDRESS ANY QUESTIONS FROM THE COMMISSION STAFF'S RECOMMENDATION, UH, FOR THIS REQUEST IS TO DENY IT AS SUBMITTED DUE TO CONFLICTS, UH, WITH THE UTILITIES, UH, WHILE IT'S NOT A TRUE HARDSHIP, UH, FROM THE, UH, HOW THAT TERM IS TYPICALLY APPLIED WITH REGARDS TO VARIANCES AND APPEALS.

AND IN THIS MATTER, UM, THE APPLICANT, IF THE BOARD WISHED TO GO DOWN THIS PATH, UH, HE COULD, UM, ADJUST THE ALIGNMENT OF THE PROPOSED FENCE TO, UH, ELIMINATE CONFLICTS WITH THE UTILITIES, MINIMIZE ENCROACHMENT INTO THAT SETBACK, UH, AND, UH, DESIGN IT IN A WAY, MAINTAINING THE PROPOSED CHARACTER THAT HE SUGGESTS FOR THIS DESIGN, WHERE IT'S REALLY COMPATIBLE AS A LANDSCAPE FEATURE WHILE ALSO PROVIDING THAT DESIRE AND SECURITY.

BUT THE KEY THING, ONCE AGAIN, IT'S MINIMIZING AND ELIMINATING THOSE CONFLICTS WITH UTILITIES, ENSURING THERE'S NO SIGHT DISTANCE ISSUES AND, UH, MINIMIZING THAT ENCROACHING INTO THAT REQUIRED SETBACK.

UH, I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE AND, UH, THE APPLICANT OF COURSE, IS AVAILABLE AS WELL.

GOING BACK TO THE SITE PLAN, WHERE'S THE, SORRY, GOING BACK TO THE SITE PLAN, WHERE IS THE WIDE AWAY THE LINE OF ARRIVAL CAN SEE? IT LOOKS LIKE IT'S THAT HIGHLIGHTED LINE THERE, IF THE SOLID LINE.

SO IT'S THE EASTERN HEDGE AND THE SIDE BLOG.

YES, THAT'S RIGHT.

CORRECT.

THE UTILITY EASEMENT, YOU CAN SEE THE DASH LINE ON THIS PLAN.

YES, SIR.

GO FORWARD A COUPLE OF SLIDES.

DOES HE WANT TO KNOW HIS ANOTHER'S ENERGIES? SO WHAT WOULD THE FENCE GO ALL THE WAY DOWN TO THE END OF, OF WHERE THE SIDEWALK IS? IT WOULD GO TO HIS SOUTHERN PROPERTY BOUNDARY AS I UNDERSTAND IT, BUT MR. CERTAINLY ADDRESS THAT.

YES.

SO WE WOULD JUST GO TO STATE YOUR NAME, SORRY.

I WAS A FEW MINUTES LATE.

I'M ROGER,

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I'M THE OWNER OF THE PROPERTY.

THANK YOU FOR HAVING ME OUT.

THE, THE CURRENT PROPOSED VENTS WOULD BE ALONG THE PROPERTY LINE, WHICH WOULD BE, UM, JUST WEST OF THE SIDEWALK THAT YOU'RE LOOKING AT, UM, ALL THE WAY TO THE EDGE OF MY PROPERTY.

AND THEN WHEN WE RETURNED TO THE FENCE THAT IS EXISTING, UM, THAT IS EXISTING THERE.

SO, UH, FOR YOU, SO IT'S THAT THE PURPOSE OF THE FENCE IS REALLY JUST AN OBSTRUCTION FROM ENTRY INTO THE PARKING LOT BECAUSE WHAT'S HAPPENED IS, UM, WE'VE HAD, SINCE WE OPENED, UH, LESS THAN SIX MONTHS AGO, WE'VE HAD THREE DIFFERENT, UH, INCIDENTS, UNFORTUNATELY NEVER WOULD HAVE EXPECTED IS THAT SPOKEN ON CAN AMOUNT OF EVEN CAME TO ADDISON THINKING, YOU KNOW, IT WAS WELL SECURED AND IT'S A REAL WORLD, SO I'M NOT TRYING TO POINT FINGERS.

I JUST, I, WOULD'VE NEVER EXPECTED TO BE HERE ASKING TO PUT A FENCE UP, UM, ON UNDER THESE CIRCUMSTANCES, BUT UNFORTUNATELY WE HAVE SIX SERVICE VEHICLES AND, UM, CURRENTLY THEY'RE PARKED IN THE REAR, UH, EMPTY SPACE WHERE YOU'RE COMING, USING THEM AS A PARKING GARAGE WHERE WE'RE UNDER PERMIT TO PUT, UH, A VET CLINIC IN THERE.

AND, UM, WE CAN'T PARK THE VEHICLES THERE FOREVER.

SO PROBABLY THE MINUTE WE PUT THEM BACK INTO THE PARKING LOT, THE CADILLAC CONVERGED WHEN WE STOLE THAT, NOT JUST TRYING TO GIVE YOU A SNAPSHOT OF WHAT'S GOING ON.

ROGER, HOW DO YOU, HOW DO YOU PROTECT YOUR, YOUR, YOUR FLANKS AND YOUR REAR EDITOR? WELL, THERE'S ONLY ONE ENTRANCE AND YOU'RE LOOKING AT IT RIGHT THERE.

SO THAT, WHAT, WHAT, WHAT PROTECTS YOUR, YOUR NORTHERN, YOUR, YOUR, YOUR NORTHERN FLANK AND YOUR SOUTHERN FLANK, WOULD THERE BE OTHER FENCES? THERE'S AN EXISTING FENCE ON THE PROPERTY LINE WITH THAT BUILDING THAT HAS THE PLYWOOD OVER THE WINDOWS THAT THE BUILDING'S JUST SOUTH TO ME.

SO I WOULD RETURN TO THAT EXISTING FENCE TO SECURE THE PROPERTY, THE REAR SIDE, THAT BASICALLY BACKSIDE THAT FACES, UM, GOOD GOODY-GOODY LIQUOR, IT'S FENCED CURRENTLY.

SO IT IS SECURE.

UM, SO WE, WE WOULD BE BASICALLY A NAIL SHAPE FENCE.

WHAT WILL YOU DO? WE WOULD RETURN TO THE, THE LITTLE PONY WALL THAT SARAH THAT'S A SEATING AREA.

AND, UM, THERE IT IS RIGHT THERE.

WE WOULD RETURN RIGHT TO THERE AND STOP.

SO, I MEAN, IT'S THE, I CAN DO AN EIGHT FOOT TALL FENCE AND SOMEONE REALLY WANTS TO CLIMB OVER AND THEY'RE GOING TO, BUT IN THAT SITUATION BOTH TIMES WHERE THE CATALYTIC CONVERTERS WERE STOLEN, THEY DROVE RIGHT UP TO THE VEHICLES AND, AND, AND THE FIRST, THERE WAS THE SAME, SAME TEAM BOTH TIMES.

UM, THEY WOULDN'T, IF THEY WEREN'T ABLE TO DRIVE ONTO THE PROPERTY, CAUSE THEY HAVE TO CARRY THE SAWS ON THE CAR, JACK AND BUNCH OF EQUIPMENT.

SO THEY CAN'T DRIVE RIGHT UP TO THE VEHICLES.

IT'S HIGHLY UNLIKELY THAT THEY'RE GOING TO COME ON.

SO I, I'M NOT TRYING TO COMPLETELY FORT KNOX SECURE THAT THE PROPERTY I'M TRYING TO IMPEDE TRAFFIC AND DO IT AESTHETICALLY, WHICH IS KEN SAYS AESTHETICS ARE VERY IMPORTANT TO US.

UM, SO HOW BIG IS THE CATALYTIC? IT'S BIG, IT'S ABOUT SEVEN FEET LONG.

IT'S NOT EASY TO FIT IN THIS CASE BECAUSE IT WAS UNIQUE.

CAUSE WE ALSO HAVEN'T STOLEN FROM OUR TRUCKS AND HOUSTON, SORRY TO SHARE THAT WITH YOU, BUT IT'S A COMMON CRIME, AS WE ALL KNOW RIGHT NOW, THE, UH, GUY THAT DID IT IN HERE IN ADDISON, HE TOOK THREE HOURS ON THE VEHICLES, IN THE PARKING LOT TO DISMANTLE EACH ONE.

HE WAS, HE WAS A CAUCASIAN GUY, LOOKED LIKE HE WAS A MECHANIC AND HE LITERALLY TOOK THEM APART.

TOOK HIS TIME, NOT GOOD.

MY PARKING LOT, I DON'T KNOW, FROM THE DRIVE-BYS LIT UP LIKE COWBOY STADIUM.

AND, UH, HE TOOK HIS TIME AND HE DISASSEMBLED ALL OF THEM.

CAUSE THERE'S TWO MARKETS, THERE'S A SCRAP METAL MARKET.

AND THEN THERE'S THE AFTERMARKET.

AND THIS GUY IS CLEARLY SMARTER THAN THE GUYS THAT ARE JUST SCRAP METAL.

AND BECAUSE HE CAN SELL THAT SAME CATALYTIC CONVERTER FOR $1,500 VERSUS LET'S JUST SAY THE AVERAGE IS $200 FOR THE SCRAP ON THE OTHER SIDE, BUT HE TOOK HIS TIME AND I HAVE HIM ON VIDEO.

I HAVE POLICE REPORTS, IT'S DISHEARTENING TO WATCH IT.

UM, AND THIS, THIS ACTIVITY ISN'T LIMITED TO THE APPLICANT'S PROPERTY.

YOU'LL ACTUALLY SEE IN AN UPCOMING NEWSLETTER THAT COPPER IS COPPER THEFT SPECIFICALLY IS, IS AN ONGOING ISSUE AND IT'S INCREASED OF LATE SO THAT THE POLICE DEPARTMENT WILL BE, UM, UH, MAKING THEMSELVES AVAILABLE TO WORK WITH PROPERTY OWNERS TO, TO TRY TO, UH, UH, DEVELOP STRATEGIES TO LIMIT THAT.

UH, BUT WE ALSO OF COURSE

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SO, UM, PEOPLE HAVE THEIR EYES OUT FOR THIS TYPE OF ACTIVITY BECAUSE IT IS AN ONGOING ISSUE.

YES.

CAN YOU GO FORWARD ANOTHER COUPLE OF SLIDES RIGHT THERE? SO WOULD THE, WOULD THE FENCE IN IMPEDE REPAIR POSSIBLE REPAIR TO THE, TO THE WATER MAIN OR TO THE SANITARY SEWER LINES AS PROPOSED? IT COULD DO BOTH.

YOU DO HAVE, UH, WHILE THE WATER LINE IS UNDER PAVEMENT, YOU DO HAVE HYDRANTS THAT ARE, UH, AT THE EDGE OF THE ROADWAY.

UH, IT WOULD BE MORE OF AN ISSUE WITH THE SEWER LINE BECAUSE IT WOULD BE, UH, UH, VERY CLOSE TO THAT LINE.

AND IT WOULD, IT WOULD RUN PARALLEL TO WITH, WITH THE APPLICANT, WHAT, WHAT IS THE, IF WE WERE TO GRANT THIS, HOW WOULD YOU REPAIR THE SANITARY SEWER LINE? IF IT, IF IT, IT COULD NEED TO REPAIR WITH THE FENCE WE HAVE TO COME UP.

WELL, YEAH.

I MEAN, IT'S A LOT OF LANDSCAPING AND SPRINKLING IRRIGATION AND, YOU KNOW, IT'S, THERE'S ALL KINDS OF OBSTACLES.

SO TO THINK ABOUT THAT SANITARY LINE BEING FIXED IS GOING TO BE A PROJECT, WHETHER THE FENCE IS THERE OR NOT, CERTAINLY THE FENCE COMPOUNDS IT.

I'M NOT TELLING YOU THAT THE FENCE IS NOT AN OBSTRUCTION.

I MEAN, I, I CAN TELL YOU, WE, WE TAPPED INTO THAT SEWER LINE AND IT'S ABOUT 10 FEET UNDER THE GROUND.

UM, SO YOU, IF YOU HAVE TO GET TO IT, YOU'RE DIGGING A PRETTY BIG HOLE.

THE SIDEWALK MIGHT BE COMING UP.

I MEAN, THERE'S NOT A LOT MORE THAN JUST MY FENCE THAT I'M PROPOSING THAT COME UP.

UM, IS IT POSSIBLE TO MOVE THE FENCE TO THE WEST OUTSIDE THE SEDENTARY SERVER? AND THAT WOULD BE IF, IF THAT'S SOMETHING THAT THE BOARD WANTS TO CONSIDER, AND IT'S OBVIOUSLY SOMETHING THAT APPLICANT WOULD HAVE TO DETERMINE THE FEASIBILITY ON AS WELL.

I THINK YOU COULD MEANDER IT ADJACENT ESSENTIALLY TO THE PARKING, UH, TO, TO TRY TO AVOID THAT EASEMENT.

SO, UH, THAT COULD BE A POTENTIAL SOLUTION.

AND THEN MY OTHER QUESTION IS, HAS THE CINDY EVER USED THE BOND REQUIRED AN APPLICANT PUT UP FOR THE COST OF THE FENCE SO THAT IF YOU HAVE TO GIVE IT TO THE EASEMENT, YOU TEAR IT DOWN AND THEN THE BOND IS UTILIZED OR REMOVED.

WHATEVER MEANS I'M NOT AWARE OF THE TOWN, UH, DOING THAT, BUT THAT'S CERTAINLY A TOOL THAT CAN BE USED IN CIRCUMSTANCES LIKE THIS, REGARDLESS THERE WOULD, THERE IS LIABILITY, UH, ANYTIME, UH, PRIVATE IMPROVEMENTS ARE CONSTRUCTED WITH AN EASE MANS AND THERE'S TYPICALLY LANGUAGE IN THOSE EASEMENT DOCUMENTS.

AND ON PLATS THAT THAT GIVES, UH, ESSENTIALLY ALLOWS THE STUDY TO REMOVE THOSE IMPROVEMENTS WITHOUT HAVING TO COMPENSATE THE OWNER FOR, UH, UH, REMOVING THOSE IMPROVEMENTS.

WE HAVE A COUPLE OF OTHER THINGS WE'RE GONNA NEED TO DO.

UH, WE'RE GOING TO HAVE, WE NEED TO HAVE THE WHOLE PUBLIC HEARING.

SO, SO I THINK IT MAY BE APPROPRIATE JUST TO OPEN THE PUBLIC HEARING.

NOW, I DON'T SEE ANY OTHER MEMBERS OF THE PUBLIC HERE.

UH, BUT, UM, BUT I'M GOING TO OPEN THE PUBLIC HEARING.

IS THERE ANYONE OTHER APPROVAL LIKED TO, UH, TO COMMENT ABOUT THIS PARTICULAR APPLICATION? I DON'T THINK WE HAVE ANYBODY TELEPHONICALLY.

SO IN THAT CASE, I'D LIKE TO CLOSE THE PUBLIC HEARING.

SO THAT'S GOOD.

ALSO THE BOARD OF BUDGET ADJUSTMENTS, AND IN THIS CASE, BOARD OF APPEALS HAS FIVE MEMBERS AND DARREN IS AN ALTERNATE.

SO PIN, AS I UNDERSTAND IT, THEN DARREN CAN PARTICIPATE, BUT HE, HE'S NOT A VOTING MEMBER.

IS THAT CORRECT? YES.

OKAY.

JUST SO THAT EVERYBODY UNDERSTANDS WHO MEMBERS ARE, BUT DARREN CERTAINLY CAN PARTICIPATE AS FAR AS I'M CONCERNED.

SO WE HELD A PUBLIC HEARING.

ANYBODY WANT TO START OFF WITH, WE DIDN'T HAVE, YOU'D MENTIONED SOMETHING ABOUT, WELL, TWO THINGS, IF THE APPLICANT PUT THE FENCE OUTSIDE OR THAT MAKES IT EASY AND THEN I'LL BE PUTTING IT THE PUDDING AND ALSO JUST BUILDING.

SO THE ONLY THING I'VE SEEN IN THE PAST REQUIRED THE APPLICANT

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OTHER THOUGHTS ON, ON THAT? WELL, I'M WONDERING ALL INSTRUCTION THAT THE CITY'S DOING NOW, SENDING THAT'S MODERATE SOONER.

IS THAT RIGHT, MAN? I CAN'T HEAR, CAN YOU TALK INTO THE MIC? HUH? I'M SORRY.

UH, ALL THE, UH, REPAIR WORK.

THERE'S A BUTTON ON THE FRONT OF IT AND SEE WHAT THE ATTORNEY YOU, CAN YOU HEAR ME NOW? I'M WONDERING ABOUT ALL THE VIDEO WORK THAT'S BEING DONE ON MIDWIFE RIGHT AROUND NOW, IS THAT WATER SILVER LINES AND ALL THAT BABY REPLIES.

IS THERE ANYTHING, UH, EMAIL PLANET'S BEEN LAST REPLACED ON MADISON ROAD IN THIS AREA, OR IF THIS IS SOMETHING THAT'S IN THE NEAR FUTURE, THERE ARE NO PLANS, CIP PROJECTS ADJACENT TO THIS PROPERTY IN THAT I'M AWARE OF.

I DID CONSULT WITH THE PUBLIC WORKS DIRECTOR, UM, THE STATUS OF THIS ISSUE AND THIS REQUEST AND HIS, UH, DIRECTION WAS THAT ONCE AGAIN, THEY COULD CROSS THE EASEMENT, BUT RUNNING WITHIN, IT WOULD BE, UH, UH, A MAJOR BARRIER TO, TO MAINTENANCE, UH, BEFORE THAT.

WELL, I WOULDN'T WANT OUR APPROVE OF FENCE GOING ON SINCE IT'S SO FAR INTO THE CORRECT.

YEAH.

ON ONE HAND YOU DON'T THINK IT'S PROBLEM TO HAVE A FENCE OVER IT, BUT IF IT WAS, YOU KNOW, IF YOU PUT THE FENCE THERE 10 YEARS DOWN THE ROAD THERE AND PLAN TO RE RESTATE THOSE PIPES.

YEAH.

AND IF THERE EVER A MAINTENANCE ISSUE CAME UP, YOU NEED TO BE ABLE TO GET EQUIPMENT IN THERE QUICKLY.

YOU'RE GOING TO BE DIGGING A LARGE TRENCH.

SO HAVING TO THIS IS A VERY NICE AND APPEALING FENCE, BUT IT WOULD NOT BE AN INSIGNIFICANCE, UH, ACTION TO REMOVE IT.

AND, UH, IT WOULD BE OF COURSE, COSTLY TO THE APPLICANT AND WE DON'T WANT TO CREATE THOSE CONDITIONS LIKE THAT.

UH, UH, AND THAT'S A BIG REASON WHY WE HAVE REQUIREMENTS LIKE THIS SETBACK REQUIREMENT.

WELL, I THINK THE PROCEDURE, IF THE APPLICANT WERE TO AGREE TO GO BACK AND JUST FENCE BACK A LITTLE BIT, THEN STILL BE A VARIANCE BECAUSE IT'S NOT 25, THE PROCEDURE FOR HIM.

IF, IF YOU ALL WISH TO EXPLORE THAT IT WOULD BE NECESSARY TO STATE SOME CONDITIONS UPON WHICH YOU APPROVE THAT REQUEST AS, AS IT WAS SUBMITTED AT, IT SOUNDS LIKE THERE'S A COLLECTIVE UNDERSTANDING.

AND WE CAN TALK ABOUT THAT MORE THAT WITHIN THAT EASEMENT, IT WOULD MAY NOT BE APPROPRIATE, BUT IF THEY GOT OUTSIDE OF THAT EASEMENT AND IT WAS AN ALIGNMENT THAT ALLOWED FOR APPROPRIATE MAINTENANCE, UH, AND THEN ALLOWED FOR APPROPRIATE SITE VISIBILITY, LEAVING HIS ACCESS DERIVE, THEN THAT IS SOMETHING THAT COULD BE A POTENTIALLY APPROPRIATE CONDITIONS FOR THAT VARIANCE ACTION APPROVAL ACTION.

YEAH, I GUESS I THINK THAT PERHAPS WE OUGHT TO TALK ABOUT THAT.

I ALSO AM NOT IN FAVOR OF FENCE TO BE UTILITY UTILITY, BUT I THINK JUST ON THE EDGE OF THE OUTSIDE OF THE EASEMENT, IT MIGHT BE A FEASIBLE SOLUTION THAT WILL GET CLOSE TO WHAT IT NEEDS TO ACCOMPLISH.

ANY OTHER THOUGHTS ON THAT? I CERTAINLY UNDERSTAND THAT CONCERNS.

AND IF WE COULD DO ANYTHING OUTSIDE THE EASEMENT HELPS IN ANY WAY I'D BE SUPPORTIVE OF IT.

WELL, WELL, I THINK OF COURSE THAT, I MEAN, ANYTHING OUTSIDE OF THE, ANYTHING OUTSIDE OF THE EASTMAN MIGHT BE OUR PREFERENCE, BUT EVEN PUTTING THE FENCE OUTSIDE OF THE EASEMENT IS NOT GOING TO ALLEVIATE THE PROBLEM OF, OF THE FENCE HAVING TO BE MAYBE TAKEN DOWN IF THERE IS A, IF THERE WAS WORK ON THAT THERE'S WORK NEEDED ON THE SANITARY SEWER I'M OF THE MIND, KNOWING THAT THE SANITARY SEWER IS 10 FEET UNDERGROUND, THAT, UM, THE IMMEDIATE HARDSHIP FOR THE APPLICANT OUTWEIGHS THE POTENTIAL BURDEN ON THE CITY, UH, WHEN IT REPAIRS THE, IT EVEN A PAIR, A REPAIR IS EVER NECESSARY FOR THAT SANITARY SEWER.

I MEAN, THAT IS

[00:30:01]

WE DON'T KNOW IF IT'S GOING TO BE NEEDING A REPAIR NEXT WEEK, NEXT MONTH, NEXT YEAR OR 10 YEARS FROM NOW.

BUT ROGER'S, UM, HARDSHIP IS IMMEDIATE AND HE'S INVESTED, I'M SURE TREMENDOUS AMOUNT OF MONEY IN BRINGING THAT, BRINGING THAT BUILDING BACK TO LIFE AND GETTING TENANTS FOR THAT BUILDING.

AND THAT'S AN AREA OF THE CITY THAT REALLY NEEDS ATTENTION.

AND, YOU KNOW, HE HAS SPENT A LOT OF MONEY TO BE THE PIONEER THERE.

AND I DON'T SEE, I DON'T SEE A PROBLEM WITH THAT FENCE AND THE WAY THAT HE HAS A CONSTRUCTED.

UM, AND HE STRIKES ME AS THE TYPE OF INDIVIDUAL THAT WOULD WORK WITH THE CITY EVER IF THEY EVER HAD TO, UH, REPAIR THAT, UH, UH, THE SANITARY SEWER UNDER, UNDERNEATH IT.

SO I FIND NO PROBLEM WITH, WITH, UM, YOU KNOW, OVERRULING AND GRANTING, UM, GRANTING HIM THE VARIANCE TO PUT THAT FENCE IN BECAUSE IT IS THE SEWER LINE IS 10 FEET DOWN.

YEAH.

YEAH.

I HAVEN'T THOUGHT THAT ONE OF MY CONCERN, I THINK I'VE MENTIONED, I DO NOT THINK IT'S APPROPRIATE TO PUT IT IN.

I THINK PUTTING IT BEHIND THE EAST TO THE WEST, I GUESS IT IS AN APPROPRIATE ACCOMMODATION THAT WE'RE ALLOWED TO PRETTY MUCH ACCOMPLISH.

I THINK WHAT HE NEEDED TO ACCOMPLISH, UH, SKILL, BECAUSE QUITE FRANKLY, WE WOULD HAVE TO GET PERMISSION FROM ANY LANDOWNER TO DO MORE OUTSIDE OF THE EASEMENT.

BUT, UH, BUT I THINK IF HE COULD PUT THE FENCE OUTSIDE THE EASEMENT, WE DON'T HAVE THAT PROBLEM.

ADDITIONALLY, IF WE GRANT EITHER ONE OF THESE REQUESTS, EITHER IN THE EASEMENT OR BEHIND THESE, YOU'RE GOING TO SEE FENCES ALL ALONG IN THE GROW FOR THE VERY SAME REASON.

IF, IF ROGER HAS AN ISSUE AND AS OTHER PROPERTIES DEVELOPED, IT WAS GOING TO BE FACED WITH THE SAME ISSUE, UH, MORE FENCES ALONG THE ROAD.

AND I THINK IT'S AN ACCOMMODATION TO ROGER.

I WOULD ABSOLUTELY SUPPORT ALLOWING HIM TO PUT A FENCE OUTSIDE OF THE EASEMENT.

WHAT IS THE DISTANCE? IT JUST LOOKS LIKE SUCH A SMALL, I THINK IT'S, I THINK YOU MENTIONED IT WAS A 10 FOOT, BUT I THINK THAT'S NOT NECESSARILY 10 FEET FROM THE EDGE OF THE CURB.

I'M SORRY, JEAN.

I'M SORRY.

I INTERRUPTED YOU.

OH, NO, I'M JUST TRYING TO GET A CLEAR PICTURE OF WHERE YOUR, YOU KNOW, IF IT WASN'T ON TOP OF THE UTILITIES, HOW FAR DO YOU HAVE THE PACKET THAT YOU SENT US? YES.

I TOLD HIM, CAN YOU GO TO PAGE 23 PICTURE PAGES? OKAY.

THE ONE THAT THIS VIEW, THIS VIEW KIND OF SHOWS THE SIDEWALK AND I MET SARAH.

LINE'S GOTTA BE ON THE EAST SIDE OF THE SIDEWALK, RIGHT? IF IT'S 10 FEET, IT'S NOT, IT'S ON THE WEST SIDE STUFF.

I WALKED IN AND FOUND IT.

SO IF IT'S ON THE WEST SIDE, 10 FEET IS QUITE A BIT MORE TO THE WEBS, INTO HIS PARKING.

WELL, THERE WERE, IF YOU LOOK AT THEM AT THE MAP, YOU CAN SEE THE MAP.

YOU CAN SEE THE MANHOLE COVERS FOR THE STANDARDS ON THIS MAP, ON THAT MAP.

UH, THERE'S I THINK THREE OR FOUR THAT'S IN THE GRASS BETWEEN THE PARKING LOT AND THE ASSIGNMENT.

IF I RECALL, WHEN I WALKED IT, SOME OF THEM WERE IN THE BUSHES.

WHAT'S THAT PHOTO YOU WERE LOOKING AT? THAT'S THE, ONE OF THE ANGLES, THAT ONE AND MAYBE THE ONE ABOVE IT.

NOT THAT ONE MAYBE.

RIGHT, BECAUSE THAT'S BETWEEN THE SIDEWALK AND THEY ANSWER THAT PARKING LOT.

IS, IS THAT THIS PARKING LOT

[00:35:01]

THE DOTTED LINE LOOKS LIKE IT.

DOESN'T GO INTO THE PARK.

WELL, THERE'S ACTUALLY, NO, EXCUSE ME.

THAT'S THE, THAT'S THE NEXT ONE OUT THAT'S I THINK IT IS.

IT'S NOT PARKING, BUT THE EASEMENT DOESN'T GO ALL THE WAY THAT FAR NOW.

CAUSE THE SEWER LINE WITHIN HIS PROPERTY.

IT HEADS WEST.

YEAH.

HAVE YOU HAD A CHANCE TO SEE IF IT'S FEASIBLE TO PUT THE FENCE ON THE OUTSIDE OF IT? WELL, I THINK THAT TO KEN'S POINT IT'S THE NORTH SIDE, PASS THAT BLUE SIGN AND ON THE OTHER SIDE OF THE DRIVEWAY, IT'S GOT ALL KINDS OF, UH, INDENTIONS FOR THE PARKING AND ALL THAT.

AND KEN'S, YOU KNOW, WALKING THE DOG LEG AROUND AND FOLLOW IT WITH A FENCE.

AND NOW HE'S JUST DOING A SUCH, HIS SUGGESTION IS TRYING TO HELP ME GET A FENCE, BUT IT'S AESTHETICALLY IT'S.

UM, IT'S I PROBABLY, IF THAT WAS MY OPTION, I WOULDN'T DO IT AND I WOULD JUST CONTINUE TO BAIL OUT FOR VEHICLE INSURANCE.

UM, AND SO, YOU KNOW, THE, THE EASEMENT, THE UTILITIES ARE THERE.

UM, BUT I THINK TO THE POINT OF WHAT I WAS SAYING A SECOND AGO IS IF YOU'RE GOING TO KNOW, IF YOU HAVE TO FIX THAT SEWER LINE, THE HOLE IS NOT, YOU KNOW, SOMETHING THAT A GUY SCURRIES DOWN IN, IT'S A PIT YOU'RE GOING TO DIG PRETTY DEEP AND YOU'RE GOING TO TEAR UP A LOT, SIDEWALK, LANDSCAPING, IRRIGATION, POTENTIAL PARKING LOT.

SO, YOU KNOW, I'M NOT TRYING TO USE SCARE TACTICS.

I'M JUST TELLING YOU THAT IT'S, I DON'T EVEN WANT TO THINK OF THAT SEWER LINE OR RUPTURING BECAUSE IT WOULD BE AN, IT WOULD BE A BIG HEADACHE FOR EVERYONE.

WHAT ABOUT A GATE JUST ACROSS THE, THE ACCESS? YES, THE PARKING LOT ACCIDENTS.

AND THAT WOULD PROBABLY BE WHAT I WILL REVERT TO, BUT I DON'T KNOW WHAT THE LEVEL OF DESPERATION IS AND IF THEY WOULD JUST DRIVE OVER THE CURB AND, AND YOU COULD PUT A HORSE RUBBERY OR SOMETHING TO HELP THE TURN, I CAN PUT SOME BIG ROCKS AND I COULD DO LOTS OF LANDSCAPING.

I MEAN, IT'S, I MEAN, THERE'S OPTIONS THERE.

UM, CAN YOU GO BACK TO THE SITE? IS THE CITY GOING TO ENFORCE, LET'S SAY THAT WE'RE PUTTING IN THE TRAFFIC WOULD REQUIRE TYPICALLY A VIEW ANGLE IS A 45 FOOT BACK.

IS THAT WHAT THE CITY WOULD BE LOOKING FOR? WE WOULD REQUIRE THEM TO ACCOUNT FOR SITE VISIBILITY.

SO IF THERE WERE, UH, UH, CONFLICTS ENTERING OR EXITING THE SITES, TYPICALLY YOU WOULD REQUIRE SOME SORT OF SITE TRIANGLE AT THE ENTRY POINT BECAUSE IF THE FENCE DOES NOT, UM, UH, MOVE AROUND THE DRIVEWAY AND PROVIDE THAT SITE VISIBILITY WHEN YOU'RE LEAVING THE SITE AND YOU MAY NOT BE ABLE TO SEE IT, BUT THAT STRAIN, YOU MAY NOT BE ABLE TO SEE A VEHICLE IT'S CAUSE IT'S, SO IT COULD CREATE SOME, UH, SAFETY ISSUES AND CONFLICTS, BUT IT WAS FOR THE TOWN OF ABOUT 45 FEET.

UH, NOW FOR SOMETHING LIKE THIS WOULD PROBABLY BE 25 TO 30 FEET.

I UNDERSTAND YOUR CONCERN ABOUT ADDITIONAL OFFENSES, BUT AGAIN, THOSE ARE ISSUES THAT WE MAY HAVE TO CONFRONT IN THE FUTURE.

WE'RE LOOKING AT AN IMMEDIATE ISSUE HERE AND, AND QUITE HONESTLY, I HAVE NO PROBLEM WITH FENCES ALL ALONG THAT AREA.

IF THE REST OF THE PEOPLE THAT BUY PROPERTY THERE AND ARE WILLING TO INVEST THAT TYPE OF MONEY IN OUR CITY WATER FENCE, UM, THIS, THIS WAS A HUGE INVESTMENT.

THIS IS A BIG ADDITION TO THE CITY.

THIS IS POSITIVE FOR THE CITY.

THIS IS GOING TO DRAW PEOPLE TO THE CITY.

THIS IS GOING TO INCREASE OUR TAX BASE.

AND I THINK THE BURDEN THAT'S PLACED ON THE CITY FOR POTENTIALLY HAVING, UH, YOU KNOW, TO WORK ON THAT SANITARY SEWER DOES NOT WEIGH THE, THE, THE IMMEDIATE HARM TO, UH, YOU KNOW, THAT, THAT, THAT, UM, THE APPLICANT IS EXPERIENCING.

[00:40:02]

I, WHAT, WHAT I THINK, I I'LL TELL YOU RIGHT NOW, I'M NOT GOING TO SUPPORT, AND I'M JUST GOING OUT.

I'M NOT GOING TO SUPPORT ALLOWING THE FENCE TO BE IN THE DETAIL.

I THINK IF I LOOK AT THE SITE PLAN, IF I LOOK AT THAT, IT LOOKS TO ME LIKE YOU COULD PUT A STRAIGHT FENCE RIGHT NEXT TO THE UTILITY RIGHT NEXT TO THAT DOTTED LINE AND GO STRAIGHT ACROSS.

YOU MIGHT HAVE TO ADJUST A LITTLE BIT AROUND THAT FAULT, BUT I THINK IT WOULD BE PRIMARILY STRAIGHT ACROSS THE UTILITIES RIGHT NEXT TO THAT DOCK LINE.

AND THE ONLY JOB YOU'D HAVE TO MAKE IS TO MAKE SURE YOU LET YOU IT AROUND THAT BALL.

I THINK THERE'S PROBABLY PLENTY OF ROOM TO DO THAT.

THERE'S THIS, THIS PAGE HERE, I'LL GO THROUGH THOSE.

WHAT YOU'RE TALKING ABOUT, THERE IS A SUBTLE ELECTRICAL, IT'S SOME SORT OF BALL, I DON'T KNOW, IT'S, IT'S A FIRE THREE OR FIVE.

IT'S FOUR FIRES.

THE IDEA, THIS IS THE UTILITY EASEMENT LINE.

THAT'S A SANITARY SEWER.

AND SO IS THAT SOMEWHERE IN HERE, BUT I THINK HE COULD, WE COULD GIVE HIM A VARIANCE TO PUT THE FENCE THIS WAY, RIGHT ALONG THAT LINE.

AND THEN IF HE JUST WANTED TO PUT IT THERE, HE COULD.

BUT I THINK IF THEY DID THAT, HE'D ONLY POTENTIALLY LOSE ONE PARKING SPACE.

YEAH.

I BELIEVE REVEALING REVEALED ONE PARKING SPACE.

THAT WOULD BE THAT THE BALL.

WELL, YEAH, RIGHT HERE AT THIS BALL, WE'D PROBABLY HAVE TO LOSE OR JUST CUT THAT ONE AND GET BACK THAT WAY.

HE'D LOSE A LITTLE BIT OF A LITTLE PATIO OR WHATEVER THAT IS THERE.

IF YOU WANTED TO PUT THE FENCE ALL THE WAY THROUGH.

I WASN'T MARKING ON THAT.

YEAH.

I WOULD.

I WOULD BE AS AN INTO CREW IN THE CONSTRUCTION IN A UTILITIES.

SO THAT'S A BAD PRECEDENT FOR THE TOWN AND THEN ASCENDED TO DO THAT.

SOMETHING GOES WRONG IN A YEAR.

LET'S SAY, WHO DID THAT? I CAN'T HEAR THAT.

I'M SORRY IF YOU, IF YOU ALLOW SOMEONE TO BUILD A UTILITIES WHEN YOU'RE SETTING THAT PRISON FOR THE TOWN, AND THEN THE ISSUE IS, OKAY, LET'S SAY THAT A CERTAIN LINE IS WHAT ARE THE REASONS RUBBED IN A YEAR? WHY DID THAT HAPPEN? IT WAS THERE FOR YEARS.

AND ONCE WE BUILD SOMETHING ON TOP OF THAT, NO, THE EASY WAY TO KEEP LIABILITIES SEPARATE IS TO JUST ADHERE TO YOUR OWN RULES, BUT YOU DON'T.

AND THEN YOU CAN COME UP WITH THAT.

THEN THE ONLY THING WE'RE APPROVING IS THE IDEA THAT HE CAN FOREGO THE OPPOSITE.

HE WOULD STILL HAVE TO COMPLY WITH THE VIEWING ANGLES THAT THE CITY WOULD HAVE TO COME UP WITH FOR EXITING THE PROPERTY.

ONE, ONE THING I WOULD SHARE IT, IT IS REAL.

IT IS RARE WHERE YOU SEE CITIES ALLOW FOR CONSTRUCTION OF THIS TYPE IN THE METS, HOW THIS IS PROPOSED HERE CROSSING IS, IS PERFECTLY APPROPRIATE, BUT IT IS RARE FOR SOMEONE TO BE ABLE TO, UH, UH, CONSTRUCT IMPROVEMENTS WITH THE EAS ADJACENT TO THE LINE FOR, FOR THE REASONS MR. COPELAND, UH, JUST, JUST REFERENCED THERE.

IT WOULD BE QUITE UNUSUAL, BUT STAY OUT OF THAT EASEMENT.

I THINK THE OTHER OPTION THAT WAS, WAS REFERENCED EARLIER, JUST DOING THE GATE AND MAYBE DOING SOME MORE HARDSCAPE AND LANDSCAPE TO PROVIDE, UH, A BARRIER IN AREAS WHERE VEHICLES COULD POTENTIALLY DRIVE OVER THAT'S POTENTIAL OPTION FOR THAT, THAT HE COULD CONSIDER IF AN APPEAL WAS GRANTED.

SO LET ME ASK YOU THIS.

IF HE COULDN'T PUT THE FENCE WHERE HE'S ASKING TO PUT THE FENCE WHERE IT COULD, WHERE COULD HE PUT THE FENCE? WHERE COULD HE PUT THE FENCE SO THAT HE WOULDN'T HAVE TO HAVE, I GUESS, SO YOU WOULDN'T HAVE TO COME BACK IN FRONT

[00:45:01]

SO ON THE SOUTH SIDE OF THE PROPERTY, THERE'S VERY LIMITED CONSTRAINTS CAUSE THE, THE SEWER LINE, UH, EXTENDS WEST.

SO DOWN HERE, VERY LITTLE CONSTRAINTS.

SO YOU COULD PUT IT IN THIS LANDSCAPE AREA HERE AS YOU HEAD NORTH AND YOU GET INTO THE EASEMENT THAT RUNS WITH INWOOD.

UM, IT CAN BE SET BACK A BIT, UH, IN THE LANDSCAPE AREA, UH, PARTICULARLY ALONG THE ENTRYWAY, UM, AS WAS MENTIONED EARLIER, THIS AREA, AND THIS AREA IS A PINCH POINT.

UH, PERHAPS HE, HE DOES NOT RUN THE FENCE ALL THE WAY UP TO THE NORTHERN BOUNDARY AND DOES SOME OTHER TREATMENTS, OR HE COULD TRY TO MANIPULATE HIS SITE IN THIS AREA TO BETTER ACCOMMODATE A FENCE.

UM, IT'S, IT WILL REQUIRE SOME, SOME DESIGN AND SOME DECISIONS BY THE APPLICANT TO DO SOMETHING ON THE, ON THE NORTH SIDE, BUT THERE COULD BE, UM, UH, UH, A DESIGN CREATED TO, TO MITIGATE THE ACCESS CONCERNS THAT HE DOES HAVE IN THAT AREA THAT DOES NOT CONFLICT WITH THE TOWNS, THESE OUT TALENTS, UH, INFRASTRUCTURE INVESTMENT IN THIS AREA.

IT LOOKS TO ME LIKE HE'S GOING LOSE.

UH, IF IT COMES IN FARTHER, AS HE'S GOING TO LOSE ALL THOSE PARKING PLACES ARE THEY'RE GOING TO BE VERY NARROW.

SO HE WOULD NOT BE ABLE TO DO THAT.

SO THE BALANCE TO THIS AND HIS SITE PLAN, UH, HE'S REQUIRED TO MAINTAIN A CERTAIN AMOUNT OF PARKING.

HIS SITE IS NOT BUILT OUT YET TO YOU HEARD THAT HE, HE REFERENCED THAT, UH, HE'S WORKING ON AN ADDITIONAL SPACE FOR A VETERINARIAN CLINICS, UH, PARKING IN THIS AREA ON HIS SIDE OF THE ADJACENT PROPERTIES.

IT IS TIGHTER.

UH, SO IT'S, IT'S CHALLENGING TO, TO LOSE THOSE SPACES.

AND HE MADE PLACES WHERE YOU LOSE CAME IN FOR, IN, I THINK WHAT WAS MENTIONED EARLIER, UM, IT COULD, UH, THE SPACE NOTED BREAK HERE COULD POTENTIALLY BE IMPACTED IF YOU DID EXTEND THAT FENCE ALL THE WAY TO THE NORTH, UH, BEYOND THAT.

AND IT LOOKS LIKE YOU COULD SKIRT MOST OF THE PARKING.

IT'S JUST YOUR MAIN CONSTRAINTS IS RIGHT THERE.

CAUSE EASEMENT REALLY TOUCHES THAT PART OF THE SPACE.

AND, AND I WOULD BE, AND I KNOW THE SANITARY SEWER IS WITHIN HITS BACK TO THE WEST ON HIS PROPERTY.

I WOULD BE COMFORTABLE WITH GRANTING A VARIANCE THAT HE COULD CROSS THAT WEST EASEMENT SO THAT YOU COULD HAVE A FENCE ALL THE WAY THROUGH HIS PROPERTY SO THAT HE COULD GO FROM ONE FRUIT AND ARCH ALL THE WAY TO THE SOUTH EDGE OF THIS PROPERTY.

GRANTED WE'D HAVE TO GIVE HIM A VARIANCE TO CROSS THAT EASEMENT WITH THE FENCE, BUT ONLY A VERY SMALL SECTION OF THE FENCE WOULD BE IN THE EASEMENT AND WITH CROSSING IT, UH, AT A 90 DEGREE ANGLE, UH, NO ACTION WOULD BE REQUIRED.

THAT'S THAT'S TYPICAL.

UM, SO THAT NO ISSUE THERE, IT'S, IT'S THE PORTION WHERE, UH, HE PROPOSES TO, UH, HAVE IT RUN THROUGH AND ESSENTIALLY PARALLEL TO THE WATER.

THE SEWER LINE IS WHERE THE ISSUE IS.

SO RIGHT THERE, HOW ARE YOU GOING TO FIX THE METAL FENCE TO THE BRICK AND THE BRICK, BOTH.

SO IT IT'S, WE SET THE POST AND THEN WE WELD THE FENCE TO IT, AND THEN WE CREATE THE BRICK COLUMN.

SO WE HAVE TO DO A FOOTER FOR THE BRICK COLUMNS FIRST, AND THEN WE WOULD, UM, AND IN THAT FOOTER WOULD BE, THE POST WOULD BE SET AND THEN WE WOULD MAKE THE FENCE PANELS AND THEY'D BE WELDED TO THE POST.

AND THEN YOU CLAD WHATEVER THIS, YOU KNOW, THE COLUMN WOULD BE A DEDICATED SIZE.

WE'D CLAD THAT WITH THE SAME BRICK THAT'S ON THE BUILDING TO MATCH IT.

SO, UM, WOULD IT BE, WOULD IT BE POSSIBLE TO FIX THE FENCE TO THE, TO THE BRICK COLUMNS, BY USE OF, UH, SOME TYPE OF ANCHOR BOLTS TO MAKE THEM REMOVAL? AND ONE THING I WANT TO KNOW IS YOU'RE ASKING THE QUESTION, WE'RE NOT GOING WITH AN ABUNDANCE OF BRICK COLUMNS BECAUSE WE DON'T WANT IT TO BE OVER STATED WITH THE BRICK COLUMNS.

WE JUST WANT IT TO NOT JUST BE AN IRON FENCE.

WE WANT IT TO BE A COMBINATE, A NICE COMBINATION OF BOTH.

SO THERE WILL PROBABLY BE, UM, YOU KNOW, 30 FEET BETWEEN BRICK COLUMNS.

SO CONSIDERING THE PROPERTY LENGTH, THERE'LL BE SEVEN TO EIGHT BRICK COLUMNS.

I'M JUST GUESSING, UH, LOOSELY RIGHT NOW.

AND, UM, I MEAN, WE COULD HAVE IT ALL TO WHERE IT BOLTS TO THE BRICK COLUMNS AND IT'D BE FINE.

YOU KNOW, IT COULD ALL BE DESIGNED TO BE REMOVABLE.

[00:50:01]

BUT, YOU KNOW, I UNDERSTAND EVERYONE'S RESERVATIONS.

I, I AM NOT HERE TO, YOU KNOW, CREATE FUTURE PROBLEMS. I'M JUST WORRIED ABOUT CURRENT PROBLEMS AND SEVERAL IDEAS.

THAT'S, THAT'S ALL I'M ASKING FOR CONSIDERATION WITH BECAUSE, UM, YOU KNOW, IT'S VEHICLE INSURANCE HAS ALREADY BEEN JACKED UP JUST BECAUSE THE CATALYTIC CONVERTERS AND THEN DOESN'T HELP THAT WE HAVE A WHOLE LOT OF COMMERCIAL VEHICLES, NOT SO GREAT DRIVERS.

WE WERE TO GRANT A VARIANCE.

WOULD YOU BE WILLING TO, UH, ENGINEER THE FENCE SO THAT THEY, UH, IRON POSTS COULD BE ATTACHED TO THE BRICK COLUMNS BY ANCHORS? SURE.

I THINK THAT'S A VERY REASONABLE CONSIDERATION.

UH, JUST FOR CLARIFICATION, ARE WE ONLY TO APPROVE OR DENY THIS, OR WE ARE ABLE TO SAY, IF YOU DO THIS, WE WOULD APPROVE AWESOME.

I BELIEVE THAT WE ARE ALLOWED TO GRANT HIM A POTENTIAL SUGGESTED VARIANCE.

THAT'S NOT EXACTLY KEEPING WITH THE REQUEST.

SO I DON'T THINK THERE WILL BE ON CAN PERHAPS YOU CAN, WOULD HE HAVE TO COME BACK TO US FOR THAT? WELL, IT DEPENDS ON HOW WE DO IT, BUT AGAIN, I THINK WE COULD SAY PUT THE FENCE, W WE'LL GRANT YOU A VARIANCE TO ENCROACH ON THE SETBACK, BUT NOT PUT THE FENCE IN UTILITIES THAT YOU CAN GO FROM THE NORTH EDGE OF YOUR PROPERTY, TO THE SOUTH EDGE OF THE PROPERTY, LOSING IT MOST ONE PARKING SPACE, AND THAT WILL BE ENFORCED THE FENCE TO BE AT THE EDGE OF THESE UTILITIES.

I BELIEVE WE HAVE THE POWER TO DO THAT.

SO YOU CAN PUT CONDITIONS ON APPROVAL.

UH, CERTAINLY.

SO, UH, IF YOU WISH TO APPROVE HIS APPEAL, YOU CAN DO SOMETHING LIKE THAT.

UM, THE BRINGING INTO THE ISSUE OF THE PARKING SPACE, UM, THAT IS, UM, THAT'S, UH, ANOTHER ZONING ISSUE.

UH, SO THAT IS NOT GERMANE TO THE APPEAL THAT'S BEFORE YOU TONIGHT.

SO WE WOULD NOT BE ABLE TO ADDRESS THAT PIECE IF HE HAD TO AND DESIGNING THIS ALTERNATIVE LAYOUT, UM, C AND HE COULD NOT COMPLY WITH HIS PARKING, UH, BASED ON HIS PAST APPROVALS ON ITS CURRENT ZONING.

UH, HE MAY HAVE TO COME BACK TO YOU AGAIN FOR A, A VARIANCE TO THE PARKING REQUIREMENTS.

SO IN THAT CASE, IT WOULDN'T BE THE ZONING BOARD OF ADJUSTMENTS, NOT THE BOARD OF APPEALS, BUT WE WOULDN'T KNOW THAT IF WE DID GRANT THE VARIANCE, PUT THE FENCE WITHIN THE SETBACK, BUT NOT IN THE EASEMENT.

THEN IF HE WANTED TO DO THAT, UH, THEN HE COULD EITHER BUILD THE FENCE THAT JUST CROSS THE ROAD, CROSS THE ENTRANCE AND NOT ALL THE WAY, WHICH PROBABLY WOULDN'T IMPACT PARKING, OR HE COULD PUT IT ALL ALONG HIS PROPERTY LINE.

AND IF IT DIDN'T IMPACT PARKING, WE'D HAVE TO COME BACK TO THAT.

WE KNOW WE KNOW WHAT THE PARKING DENSITY IS THERE, IS THERE ENOUGH PARKING THERE SO THAT IF YOU LOST ONE OR EVEN TWO SPACES, WOULD THERE STILL BE ENOUGH DENSITY TO ACCOMMODATE WHAT THE COMMERCIAL USES THAT HE HAS IN THE BUILDING? UH, I WOULD NEED TO CONFIRM THAT HE DOES HAVE, UM, A NEW USE THAT IS, UH, UNDER DEVELOPMENT.

UH, HE RECENTLY GOT BUILDING PERMIT APPROVAL FOR THAT.

SO THE FINISH OUT OF IS ONGOING, UM, BASED ON THE HISTORY OF THE PROJECT, I BELIEVE PARKING IS, IS QUITE TIGHT.

AND ONE OF THE CONSTRAINTS, UH, THAT, UH, UH, WENT WITH THE CONSIDERATION OF HIS DEVELOPMENT.

SO I BELIEVE IF HE'S NOT ALREADY AT THE MINIMUM PIECE CLOSE, UH, SO IN SOMETHING THAT WE'D HAVE TO EVALUATE, IF HE WISHED TO REDUCE THE PARKING TO, TO ACCOUNT FOR THE FENCE, THE QUESTION IS, IF WE DO MAKE A VARIANCE, WE WOULD HAVE TO HAVE SOME DEFINITION FOR MINIMUM SETBACK.