1 00:00:00,000 --> 00:00:05,280 There we go. All right, after determining that according to the President, the Zoning Court of 2 00:00:05,280 --> 00:00:12,080 Adjustment will convene in a regular meeting on Monday, February 27th, 2023, at 5.30 p.m., 3 00:00:12,080 --> 00:00:19,360 5.29, yeah, in training room three, four, and five. Are we in all three? Well, that's cool. They've 4 00:00:19,360 --> 00:00:24,080 opened all the walls. At the Development Service Center 401 North Elm Street, Denton, Texas, 5 00:00:24,080 --> 00:00:29,040 at which the following item will be considered. We have to have at least six members present, 6 00:00:29,040 --> 00:00:34,880 which we do, and so we'll call to order the regular meeting at 5.29, and we'll start with 7 00:00:34,880 --> 00:00:46,240 the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America, 8 00:00:46,240 --> 00:00:53,120 and to the republic for which it stands, one nation under God, indivisible, with liberty and 9 00:00:53,120 --> 00:01:02,160 justice for all. Honor the Texas flag. I pledge allegiance to thee, Texas, one state under God, 10 00:01:02,160 --> 00:01:12,080 one and indivisible. Thank you. Item 2A on our agenda is to consider approval of the Zoning 11 00:01:12,080 --> 00:01:18,080 Board of Adjustment Commission minutes for the December 19th, 2022 meeting. I'll entertain a 12 00:01:18,080 --> 00:01:26,080 motion. I'll make a motion. Thank you. And the second? I'll second. Any discussion of the minutes? 13 00:01:26,080 --> 00:01:38,960 May I ask each member to vote? City staff. Oh, okay, okay. All those in favor? 14 00:01:38,960 --> 00:01:49,120 Board member Fischer? I think we're supposed to go one at a time. Minus? Yes. Board member Green? Yes. Board member Reveley? Yes. Board member 15 00:01:49,120 --> 00:01:58,640 Jesse Aspar? Yes. Board member Ha? Yes. On his staff, board member Necron? Also staff. Also staff. Okay, 16 00:01:58,640 --> 00:02:05,040 and then I'm abstaining because I wasn't here. Okay. So it would be six. Six. One abstention. 17 00:02:05,040 --> 00:02:11,760 Motion is made by... I was there. Yeah, I was there. Who seconded? I'm sorry. I seconded. 18 00:02:11,760 --> 00:02:14,640 That's great. 19 00:02:14,640 --> 00:02:34,400 All right. All right. Okay, to receive nominations and election, this is item 2B. 20 00:02:35,120 --> 00:02:40,960 ZBA 23-002 on our agenda is to receive nominations and election of a chair and vice chair. 21 00:02:40,960 --> 00:02:49,760 And I'll now entertain a motion or discussion from the board on this topic. I will go ahead and ask 22 00:02:49,760 --> 00:02:58,400 for a nomination for chair. Sure. Yes, a nomination for chair. I would like to nominate Jennifer Lane 23 00:02:58,400 --> 00:03:07,200 as chair. Any second? Thank you. It'll be fun for my last term to do it. All right. Thank you. 24 00:03:07,200 --> 00:03:12,400 So that was... Member is Lane and nominated by... 25 00:03:12,400 --> 00:03:21,840 And then motion... Oh, I'm sorry. Cut it backwards. 26 00:03:28,800 --> 00:03:33,520 Okay. And the motion was made by... 27 00:03:33,520 --> 00:03:44,400 I'm seconded by Farhad. Okay. Thank you. Thank you very much. And then 28 00:03:44,400 --> 00:03:48,960 I guess I have to call on each person again. So we'll start with... 29 00:03:49,680 --> 00:03:58,560 Board member Fisher? I vote yes. Aye. And then Michael? Yes. Okay. Yes. And... Yes. Yes. 30 00:03:58,560 --> 00:04:02,400 And there's this famous phrase that I'll just say as a joke, but I'll first say yes, 31 00:04:02,400 --> 00:04:07,600 which is, "If nominated, I will not run it. If elected, I will not serve." But that's not the 32 00:04:07,600 --> 00:04:15,760 case. I love that expression. Okay. So it carries seven to zero. Thank you. And for vice chair, 33 00:04:18,320 --> 00:04:24,480 any nominations? I'd like to nominate someone who would like to do it. Or if somebody you know, 34 00:04:24,480 --> 00:04:30,960 which members would like to do it. You can nominate yourself. Please. Please go for it 35 00:04:30,960 --> 00:04:41,360 if you'd like to do it. And I will second. All right. Okay. Thank you. 36 00:04:48,320 --> 00:05:03,200 Okay. That carries seven. We better go around. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Thank you. 37 00:05:03,200 --> 00:05:14,720 All right. Terrific. And now we have item 3A, number ZBA 23-003 on our agenda is to receive 38 00:05:14,720 --> 00:05:18,560 a report and home discussion regarding the Zoning Board of Adjustment composition, 39 00:05:18,560 --> 00:05:28,400 procedures, powers, and duties. Do you want me to wait on the next item or do they go together? 40 00:05:28,400 --> 00:05:37,840 No, they're separate. Okay. Thank you. So thank you, everyone. I think this is something that 41 00:05:37,840 --> 00:05:43,840 we had talked about due to me, primarily because we have some new members. I think it would be 42 00:05:43,840 --> 00:05:48,000 helpful to have this discussion. I know that there are some members that haven't really been 43 00:05:48,000 --> 00:05:53,360 through this and I think it would be a good refresher for you all as well. It's also an 44 00:05:53,360 --> 00:05:59,200 opportunity to bring the group together. So if you have any questions about the composition, 45 00:05:59,200 --> 00:06:05,120 procedures, and powers, and duties, please let me know. I'll do my best to present it as clearly 46 00:06:05,120 --> 00:06:11,360 and concise. But again, if there are any questions, please raise your hand. Thank you. So just going 47 00:06:11,360 --> 00:06:21,280 through the development code, it basically spells out the board's composition, the rules and 48 00:06:21,280 --> 00:06:29,760 regulations, as well as the duties. So Section 234 of the Dental Development Code identifies 49 00:06:29,760 --> 00:06:36,080 composition. And the composition of this board is a seven-member board with three alternates. 50 00:06:36,080 --> 00:06:42,400 And you can see that I put together a table here that shows where you are in terms of 51 00:06:42,400 --> 00:06:51,280 you're either a regular member or a alternate to the board. The seven members of the Zoning 52 00:06:51,280 --> 00:06:56,640 Board of Adjustment is appointed by the City Council. They serve in two-year terms. So 53 00:06:56,640 --> 00:07:03,520 if you have already, you're close to reaching your term limit or your number of years, 54 00:07:04,080 --> 00:07:09,520 a number of months that is, the city secretary will reach out, our staff liaison will reach out 55 00:07:09,520 --> 00:07:15,680 and ask if you would like to continue or not. And if you are, then we would have to present that to 56 00:07:15,680 --> 00:07:23,680 the city council. And again, they appoint you at a meeting where they approve all of the nominations 57 00:07:23,680 --> 00:07:29,440 in all the different boards and commissions that we have at the same. Now we try to stagger those 58 00:07:30,080 --> 00:07:37,600 term limits and those memberships because we want to make sure that we have a steady amount of 59 00:07:37,600 --> 00:07:42,560 individuals that are present and then if there are new members, it's not like all of the new members 60 00:07:42,560 --> 00:07:49,920 at one time. There are provisions for removal. So one of those is that if you don't show up 61 00:07:49,920 --> 00:07:56,800 to a meeting for a good reason, there's certain reasons that you can not show up. And for those 62 00:07:56,800 --> 00:08:04,960 reasons, you can be absent. However, if you do not have a good reason and are absent for a certain 63 00:08:04,960 --> 00:08:12,160 amount of time, I believe it's twice or three times, then the council can request that you be 64 00:08:12,160 --> 00:08:16,640 removed and then replaced with another member. So I don't think that's a problem with this group, 65 00:08:16,640 --> 00:08:21,440 but in other committees and boards that has happened in the past. Yes, ma'am. 66 00:08:21,440 --> 00:08:27,600 That's a point. I noticed one time that just responding to the meeting, if you have to be 67 00:08:27,600 --> 00:08:32,640 absent, you have to also write to the city secretary. That's just the only little detail there. 68 00:08:32,640 --> 00:08:41,280 Right. And Monica provides that ability. If you say you're not here for whatever reason, 69 00:08:41,280 --> 00:08:44,480 she documents it and she shares that with the CSO. 70 00:08:44,480 --> 00:08:52,480 I forward that email to the CSO and then you match it. They will let you know that that's okay. 71 00:08:52,480 --> 00:08:59,760 Okay. In terms of the vacancy, so if there's a vacancy, now we have two vacancies. You can 72 00:08:59,760 --> 00:09:05,760 see that one regular member and one alternate and alternate number two is a vacancy for this board. 73 00:09:06,880 --> 00:09:15,760 We work with the city secretary office and we can only bring forward people that apply for the 74 00:09:15,760 --> 00:09:21,440 boards and commission. So as you applied for this board commission, we look for that as well. So 75 00:09:21,440 --> 00:09:27,120 anybody that you know that would be interested in serving in this board, please encourage them. 76 00:09:27,120 --> 00:09:33,360 The application is online. The city secretary goes through the application and if there is one that 77 00:09:34,480 --> 00:09:39,440 identifies the zoning board of adjustment as a board committee or commission that they would 78 00:09:39,440 --> 00:09:43,760 like to serve, then that is brought forward to city council for consideration and fills that 79 00:09:43,760 --> 00:09:50,560 vacancy. So far so good. We were able to fill some of the ones that we had vacancy, but we still have 80 00:09:50,560 --> 00:09:57,200 two more that we're working on. The three alternates that you all see there, I think Kate's 81 00:09:57,200 --> 00:10:04,480 are alternate number three. We have two other ones as well and similar to the regular members, 82 00:10:04,480 --> 00:10:08,960 they are appointed by city council. You have to go through that process, similar staggered 83 00:10:08,960 --> 00:10:15,120 two-year terms again to make sure that we have different members that are familiar with the 84 00:10:15,120 --> 00:10:23,120 process or new ones as well. They serve in the present or when there is a vacant or not a person 85 00:10:23,120 --> 00:10:29,920 not attending a meeting, they serve in that capacity. So for example, if we had five members 86 00:10:29,920 --> 00:10:38,720 present and Kate was here, she can sit in for that membership, for that position. We need at least 87 00:10:38,720 --> 00:10:45,440 six members to have a meeting to meet for them. We also need six members for the board to consider 88 00:10:45,440 --> 00:10:51,520 a case. So six is the magic number, six out of seven. The way the alternates work, you can see 89 00:10:51,520 --> 00:11:00,240 here they're actually listed in terms of their assignments and so if for example Prince was here 90 00:11:00,240 --> 00:11:06,000 and Kate was here, Prince would sit first because he's alternate number one and then Kate would be 91 00:11:06,000 --> 00:11:12,480 if Prince was not here. So that's how it works. The reason why you see alternates is because the 92 00:11:12,480 --> 00:11:18,640 zoning board of adjustment is a very important board where we consider items and we only meet 93 00:11:18,640 --> 00:11:24,240 once a month. So we want to make sure that items that are brought forward to the board, we are able 94 00:11:24,240 --> 00:11:30,480 to meet quorum and the alternates are in that manner serving to make sure that we meet quorum 95 00:11:30,480 --> 00:11:36,480 every time we meet. So I know it's been in the past it's been a challenge but I think with this 96 00:11:36,480 --> 00:11:41,760 group I think we're able to meet quorum most of the time that we are able to meet. So if we have 97 00:11:41,760 --> 00:11:47,200 a case or we're going to meet and we hope that we meet quorum every time. Any question on the 98 00:11:47,200 --> 00:11:58,560 composition? Operational procedures, I won't read all of this obviously we talked about already the 99 00:11:58,560 --> 00:12:06,080 first one general procedures that all cases are heard with a minimum of six members. The chairperson 100 00:12:06,080 --> 00:12:14,160 and or assigned person at that time of the zoning board of adjustment can call a meeting. We follow 101 00:12:14,160 --> 00:12:22,560 the Texas Open Meeting Act and open meetings law in terms of making sure we're posting the meeting, 102 00:12:22,560 --> 00:12:29,520 making sure that we're recording the meeting and making sure that everything is documented for each 103 00:12:29,520 --> 00:12:36,800 of our meetings. So that's also covered in the handbook for boards, commissions and council 104 00:12:36,800 --> 00:12:43,840 committees. I believe most of you had gone through some of the training so if you know if you need to 105 00:12:43,840 --> 00:12:50,800 learn a little bit more want to know more about those procedures again that handbook for boards 106 00:12:50,800 --> 00:12:57,360 and commissions or boards commission and committees is on our website and is available for you provided 107 00:12:57,360 --> 00:13:01,760 just an overview of what's covered in there but I think the most important thing that I would 108 00:13:01,760 --> 00:13:08,160 encourage you all if you haven't already read up on it or follow up on it is really the meeting 109 00:13:08,160 --> 00:13:14,720 procedures which you know Chair Lane does a really good job as far as you know making sure 110 00:13:14,720 --> 00:13:20,000 that one that the meeting is run you know in an efficient manner but also recognizes each 111 00:13:20,000 --> 00:13:24,160 person as they speak. I think that's the most important thing because when we keep minutes in 112 00:13:24,160 --> 00:13:28,080 the video we want to make sure that whoever's speaking is recognized so that we know who's 113 00:13:28,080 --> 00:13:36,720 speaking in terms of our record keeping. Another point or another item under operational procedures 114 00:13:36,720 --> 00:13:44,000 is the appeal of administrative decision procedures and that's something that I think we've seen more 115 00:13:44,000 --> 00:13:52,000 recently than that we have in the past for those that aren't familiar anyone that's that feels that 116 00:13:52,000 --> 00:13:58,800 you know a decision by an administrative official is is incorrect or want to challenge that decision 117 00:13:58,800 --> 00:14:05,440 they are able to submit an appeal to the zoning board of adjustment and we have 60 days to act on 118 00:14:05,440 --> 00:14:13,200 it from when they submit it there are procedures in between but again the main thing there is that 119 00:14:13,200 --> 00:14:20,080 the burden of proof is from the applicant that's seeking that appeal we hear the case 120 00:14:20,080 --> 00:14:29,280 in the first meeting is the presentation of the case hearing both from the staff as well as the 121 00:14:29,280 --> 00:14:34,560 person that's requesting the appeal and then after that there's a next meeting where we have the 122 00:14:34,560 --> 00:14:39,920 actual decision happen so I think some of you have already been part of one or two of those 123 00:14:39,920 --> 00:14:47,120 and we we we haven't seen like but there are two separate meetings and two separate times on two 124 00:14:47,120 --> 00:14:56,320 separate agendas. Any questions on the administrative appeal or appeal of an administrative decision? 125 00:14:58,240 --> 00:15:05,120 Ron I'd like to add with the Texas Open Meeting Act with the posting so that's usually when you're 126 00:15:05,120 --> 00:15:09,600 going to hear from me as if we're going off topic and we're talking about something that hasn't been 127 00:15:09,600 --> 00:15:14,960 posted I'll be like hey we're off posting and that's just a signal to bring it back to the actual 128 00:15:14,960 --> 00:15:33,360 agendas we're talking about. So going into the next item powers and duties that's basically 129 00:15:33,360 --> 00:15:41,600 established in subchapter two of the development code this table represents just a summary of what 130 00:15:42,560 --> 00:15:50,080 the zoning board is able to appeal against or is in charge of any appeals that come forward. 131 00:15:50,080 --> 00:15:55,760 I'll have another slide here that zooms into it so you don't have to really pay attention to 132 00:15:55,760 --> 00:16:02,880 this table but again table 2.28 establishes the appeal process or shows where the appeals can 133 00:16:02,880 --> 00:16:09,840 happen and where the zoning board of adjustment is the appeal body. In terms of other powers and 134 00:16:09,840 --> 00:16:17,760 duties the the zoning board of adjustment can consider changes in terms of non-conforming uses 135 00:16:17,760 --> 00:16:24,000 the re-establishments of non-conforming uses as well as the termination so that is something that 136 00:16:24,000 --> 00:16:30,640 if someone is challenging or wants to address non-conformity it would come to this board in 137 00:16:30,640 --> 00:16:36,720 terms of changes re-establishments or terminations. Again we talked about the appeals of administrative 138 00:16:36,720 --> 00:16:42,240 decisions again that that is something that the board will consider it's an item that's available 139 00:16:42,240 --> 00:16:49,520 for anyone that has questions or does not agree on a decision and then the last one here is the 140 00:16:49,520 --> 00:16:56,480 development code has a number of items that they can that an applicant or pop in or can see you 141 00:16:56,480 --> 00:17:04,000 know variants but also in the code of ordinances the sign code which is not part of the development 142 00:17:04,000 --> 00:17:11,920 code it's a separate chapter in the code of ordinances that is something also that if someone 143 00:17:11,920 --> 00:17:18,000 has a challenge or wants to get a variance from they can also do that from the sign code 144 00:17:18,000 --> 00:17:23,760 regulation so that's another important you know item that this board considers. 145 00:17:23,760 --> 00:17:30,560 Okay so I blew up the table so you can see here and I apologize it was a little 146 00:17:31,520 --> 00:17:38,560 fuzzy but the zoning board of adjustment you see here and any where there is an a that represents 147 00:17:38,560 --> 00:17:44,880 appeal or that that what that means is an appeal so for zoning compliance plan if you look over to 148 00:17:44,880 --> 00:17:52,640 the left that means that if anybody has a question or disagrees with a decision on a zoning compliance 149 00:17:52,640 --> 00:17:59,360 plan they are able to appeal to the zoning board of adjustment. Similarly there is temporary use 150 00:17:59,360 --> 00:18:06,560 permits zoning verification letters also gas well development site I'm sorry gas well development 151 00:18:06,560 --> 00:18:14,800 site plans watershed protection permit also or other cases or items or projects that is 152 00:18:14,800 --> 00:18:21,600 that an applicant can seek an appeal and again it will be to this board the zoning board of adjustment. 153 00:18:21,600 --> 00:18:27,680 Also vested rights I sort of highlighted that because it doesn't have the the a symbol but 154 00:18:27,680 --> 00:18:33,040 in the chapter under its vested rights it does say state that the appeal goes to the zoning board 155 00:18:33,040 --> 00:18:43,840 of adjustment. Next page on on the table is this right here it shows if you can see it shows the 156 00:18:43,840 --> 00:18:51,440 letter D now D is this board is the decision making body from this appeal so we go we go 157 00:18:51,440 --> 00:18:57,440 through a review process with staff ultimately the director also provides a review and then we 158 00:18:57,440 --> 00:19:04,000 make a recommendation to this board and ultimately the board makes the decision. Now you may ask well 159 00:19:04,000 --> 00:19:11,200 then what if someone appeals the zoning board of adjustments in decision well that goes to court 160 00:19:11,200 --> 00:19:17,760 so after you all it goes to court it doesn't go to city council it goes to a district court so that 161 00:19:17,760 --> 00:19:23,200 tells you a little bit about how your decision is so important because ultimately if the decision 162 00:19:23,200 --> 00:19:29,040 is not something that is accepted by an applicant they would have to file you know an appeal to the 163 00:19:29,040 --> 00:19:36,240 court of the state court. Yes sir. If it came to taking it to court would the city be taking the 164 00:19:36,240 --> 00:19:42,640 court or would the board be taking the court? Good question. I haven't had to think about that yet. 165 00:19:42,640 --> 00:19:50,160 If they think that the board did something wrong there's a likelihood that the board 166 00:19:50,160 --> 00:19:56,720 might be named but it's not in a you individually you need to go get an attorney in time there 167 00:19:56,720 --> 00:20:03,200 would be an attorney hired for the CDA as my expectation. You're not going to incur personal 168 00:20:03,200 --> 00:20:17,040 liability unless you go wildly off task. That's why you have Hillary here right to help you know 169 00:20:17,040 --> 00:20:23,920 it's just provide that advice right so she's she'll let us know and then that's a really 170 00:20:23,920 --> 00:20:30,000 good question because in another section under bearings is we'll go through what is needed post 171 00:20:30,000 --> 00:20:36,480 you know decision because there's a document that needs to be filled out in references when you make 172 00:20:36,480 --> 00:20:44,000 a motion that you're stating the facts of why the board is or your motion that why the board 173 00:20:44,000 --> 00:20:50,000 is making that decision so it's all documented so hopefully that protects the board as much as we 174 00:20:50,000 --> 00:20:56,000 can. Okay and it goes back to the board being kind of quasi-judicial in addition to being a 175 00:20:56,000 --> 00:21:02,000 check on staff if they get an interpretation so that the applicant feels like they need to appeal 176 00:21:02,000 --> 00:21:10,000 you're also sort of another checking balance on how the code is interpreted and how we treat that 177 00:21:11,440 --> 00:21:17,280 goes so far that y'all's interpretations become part of the development code essentially where 178 00:21:17,280 --> 00:21:25,120 we recently outdoor storage outdoor storage a decision from y'all a year or two ago feels like 179 00:21:25,120 --> 00:21:29,360 yeah got incorporated into a development code update that is coming going to be coming to 180 00:21:29,360 --> 00:21:36,960 council in the next meeting next week yeah so your what you do matters and we're just so happy you're 181 00:21:36,960 --> 00:21:46,240 here. So I also highlighted appeal of administrative decision but we already talked about that again 182 00:21:46,240 --> 00:21:51,280 that's the the two meeting process you know we need you know from submittal we have 60 days to 183 00:21:51,280 --> 00:21:56,160 act on and so you know obviously 60 days is seems like a long time but when you think about you know 184 00:21:56,160 --> 00:22:00,720 making sure that you know we have enough people obviously that's why it's important that we have 185 00:22:00,720 --> 00:22:07,120 everyone here it doesn't really seem like a lot of time so the as soon as soon as we get an appeal 186 00:22:07,120 --> 00:22:12,880 for an administrative decision we are acting on it because we need one it takes some time to go 187 00:22:12,880 --> 00:22:16,800 through the development review process but then ultimately we need to schedule the meeting and 188 00:22:16,800 --> 00:22:23,840 then have the meetings to have the item heard and decided on prior to that 60 days so that's important 189 00:22:26,000 --> 00:22:33,280 okay so I mentioned earlier the D stands for decision for variance and you may say well 190 00:22:33,280 --> 00:22:37,520 what is what is a variance like what what does someone want a variance from 191 00:22:37,520 --> 00:22:45,120 the purpose statement there essentially means anything that they feel is an unnecessary 192 00:22:45,120 --> 00:22:53,520 hardship now I can tell you though if there is a provision that is a prohibition that they cannot 193 00:22:54,480 --> 00:23:02,160 act and submit a variance because it's specifically prohibited now there are other areas of the code 194 00:23:02,160 --> 00:23:07,360 where they can request a variance from and we can get into we'll get into that but as you can read 195 00:23:07,360 --> 00:23:13,840 there it's basically a relief from the application of the dvc specifically you know creating either an 196 00:23:13,840 --> 00:23:22,240 unnecessary hardship or because of the special parcel of a specific parcel which cannot otherwise 197 00:23:22,240 --> 00:23:29,600 be developed in the same manner so think of maybe a lot configuration that maybe is an odd looking 198 00:23:29,600 --> 00:23:36,080 lot and because of the shape of the lot they are not able to develop as similar to other properties 199 00:23:36,080 --> 00:23:42,720 within the neighborhood they can ask for a a variance and what they'll go what they will be 200 00:23:42,720 --> 00:23:48,880 varying from most likely will be either a setback requirement or maybe you know building coverage 201 00:23:48,880 --> 00:23:54,880 whatever it is because then if they did get that variance they'll be able to develop a single family 202 00:23:54,880 --> 00:24:00,400 home or something similar that's in the same neighborhood so because of that special project 203 00:24:00,400 --> 00:24:05,920 or that specific project which literally limits them so that's just one example of what can be 204 00:24:05,920 --> 00:24:12,800 applied for in a variance the second bullet there is that they cannot apply a variant for a variance 205 00:24:12,800 --> 00:24:18,400 specifically to change to use or allow a use that's not allowed in that specific zoning district and 206 00:24:18,400 --> 00:24:26,880 that's the second item of this project is we'll talk about that as well or this agenda so again 207 00:24:26,880 --> 00:24:34,240 what can they vary from essentially anything that they feel is a hindrance for them to develop their 208 00:24:34,240 --> 00:24:42,320 property not considering you know ones that are prohibited so those items in the development code 209 00:24:42,320 --> 00:24:49,840 that prohibits an item those are not included and then also again if it's a specifically related to 210 00:24:49,840 --> 00:24:55,600 a product or a property that really limits them in their ability to develop compared to any other 211 00:24:55,600 --> 00:25:01,440 property within the same area so those are the ones that typically will you'll see in terms of 212 00:25:01,440 --> 00:25:08,560 a variance request that will come to the zoning board of adjustment applicability like who can apply 213 00:25:08,560 --> 00:25:14,080 for a variance just because you have a question okay applicability who can apply for various 214 00:25:14,080 --> 00:25:21,680 basically any property owner right that's that feels that the ddc you know is is a hindrance 215 00:25:21,680 --> 00:25:28,080 to developing the property for those reasons that we spoke about earlier the chapter 33 of the 216 00:25:28,080 --> 00:25:33,200 code of warrants is another one it's listed separate because it's not part of the ddc so 217 00:25:33,200 --> 00:25:37,360 i just want to make sure that it's not just the ddc it's also that sub chapter of the code of 218 00:25:37,360 --> 00:25:44,000 warrants is we do have an approval criteria so if they meet that then they can submit an application 219 00:25:44,000 --> 00:25:50,640 for it and then the the last one is um it just shows that the zoning board shall decide on all 220 00:25:50,640 --> 00:25:55,600 requests for variances so you're the board that considers those variances and again as we spoke 221 00:25:55,600 --> 00:26:02,080 earlier it's your final decision so anybody that you know wants to challenge your decision they 222 00:26:02,080 --> 00:26:10,080 would have to go through the courts to get that resolved i won't spend too much here on the 223 00:26:10,080 --> 00:26:16,080 procedure is basically what we go through in terms of going through the review process and 224 00:26:16,080 --> 00:26:24,160 ultimately taking it to you for your consideration obviously it can be initiated by the director or 225 00:26:24,160 --> 00:26:30,720 the property owner most likely it's an application by the property owner or their authorized agent 226 00:26:31,680 --> 00:26:36,960 it's reviewed and then a recommendation is is presented to the board um so the zoning board of 227 00:26:36,960 --> 00:26:41,680 adjustment we talked about an approval criteria is actually part of this presentation i'll list 228 00:26:41,680 --> 00:26:48,720 what those are we want to make sure that the approval criteria is met um and because that's 229 00:26:48,720 --> 00:26:54,960 going to be part of our findings in fact if we're making a decision we need to base it off of the 230 00:26:54,960 --> 00:27:00,400 approval criteria again this is to protect you guys in terms of what we talked about being 231 00:27:00,400 --> 00:27:06,800 appealed or sued from the applicant if they are not they feel like ingredients is placed on them 232 00:27:06,800 --> 00:27:13,360 by the board so that's why the appeal approval criteria is so important that we follow um we 233 00:27:13,360 --> 00:27:18,560 talked about the six members that is required to to vote on the items that's why we need six members 234 00:27:18,560 --> 00:27:25,680 in the quorum um again the zoning i just i kind of mentioned it already shall make written findings 235 00:27:25,680 --> 00:27:34,320 of fact and conclusion of law um and hillary remind me that is uh essentially uh summary 236 00:27:34,320 --> 00:27:40,160 there's a there's minutes that also that's part of it as well that summarizes why the board is 237 00:27:40,160 --> 00:27:46,080 making decision and we can then use that as a written documentation that gets filed um you know 238 00:27:46,080 --> 00:27:50,880 under the zoning board of adjustment office right so the the finding of fact is just 239 00:27:52,400 --> 00:27:57,920 the criteria were met were incorporating staff's reasoning because they did an excellent job 240 00:27:57,920 --> 00:28:03,360 writing their report and the conclusion of law is therefore we're going to go ahead and grant this 241 00:28:03,360 --> 00:28:10,880 variance or not or not right the other way as well um variance is good for 24 months if they 242 00:28:10,880 --> 00:28:17,040 haven't gotten a permit or they haven't commenced development if it expires by you know within 24 243 00:28:17,040 --> 00:28:23,120 months they would have to come back and seek that same variance it can transfer it can not transfer 244 00:28:23,120 --> 00:28:30,320 so it's per that application for that property appeals we talked about district court or county 245 00:28:30,320 --> 00:28:37,200 court you know but the appeal must come 10 days after that decision has been filed with it's filed 246 00:28:37,200 --> 00:28:42,640 with the the zoning board of adjustment office which is really the development services so we 247 00:28:42,640 --> 00:28:50,160 keep file of all of the different written findings of facts and then there's discussion on suspension 248 00:28:50,160 --> 00:28:55,360 and relocation of variances of course if they don't follow through with the variance conditions 249 00:28:55,360 --> 00:29:05,120 is it 10 calendar days or 10 10 business days i have to go back to the code yeah i think it's 250 00:29:06,320 --> 00:29:15,760 probably after check i'm sure it doesn't say in the code but i'm going to see a calendar i think 251 00:29:15,760 --> 00:29:22,720 i think the definition section of our code clarifies i feel like it's calendar day great 252 00:29:22,720 --> 00:29:30,880 thank you way to save the day and it's not transferable by the current from the current 253 00:29:30,880 --> 00:29:38,640 property owner to a future property owner like if they sold it in the midst of that 24 months 254 00:29:38,640 --> 00:29:45,840 so i think the problem i think is important that the property owner now hillary i know that we 255 00:29:45,840 --> 00:29:51,440 talked about this earlier this morning but if the decision is by i'm sorry if the application is by 256 00:29:51,440 --> 00:29:56,720 property owner then they sell the property i think the net chat the non-transferable i think is 257 00:29:56,720 --> 00:30:01,920 related to the property i don't know it's the owner nicks maybe we should ask to risk that and check 258 00:30:01,920 --> 00:30:06,320 that's a really good question yeah i don't know how to understand your question the question is 259 00:30:06,320 --> 00:30:11,440 whether or not it's transferable if it's the same property but is sold to a different person so 260 00:30:11,440 --> 00:30:20,320 before the project that the variance authorizes is complete right ah that's a good question so i 261 00:30:20,320 --> 00:30:26,640 have a i have it here luckily i brought it here right uh under the section non-transferable an 262 00:30:26,640 --> 00:30:32,880 approved variance shall apply only to the property or structure described in the approval and shall 263 00:30:32,880 --> 00:30:39,360 not be transferable to any other property or structure so i think the property owner is is 264 00:30:39,360 --> 00:30:44,160 fine they sell but it's the property and we're talking about right so property a is going to 265 00:30:44,160 --> 00:30:50,880 have the house with this variance or business or whatever then that property has that variance 266 00:30:50,880 --> 00:30:56,880 as long as it hasn't gone beyond the 24 months correct okay they have to act on it right because 267 00:30:56,880 --> 00:31:03,840 then that allows them to implement that i don't know that i've been on the board when that was 268 00:31:03,840 --> 00:31:12,000 a problem but i know it has been a problem yeah somebody bought it and ran up against the wall 269 00:31:13,520 --> 00:31:19,360 so um here are the criteria i apologize there's a lot of wording but i'm trying to highlight 270 00:31:19,360 --> 00:31:26,240 the main ones that i thought were pertinent so right letter a you know that the i mean let me 271 00:31:26,240 --> 00:31:30,720 step back a little bit um i'm going to read it because it makes sense in reviewing a variance 272 00:31:30,720 --> 00:31:36,560 request the zoning board of adjustment shall find that all of the following exists so when you're 273 00:31:36,560 --> 00:31:43,520 making a decision it has to be where all of the criteria have has been met and not be although 274 00:31:43,520 --> 00:31:50,000 they met two of the you know two four six you know it has to be all so that's how it's presented 275 00:31:50,000 --> 00:31:57,920 and that's why it's underlying so letter a that the property that's seeking that that variance 276 00:31:57,920 --> 00:32:02,480 there's something peculiar about that problem about that parcel or property we talked about you know 277 00:32:04,400 --> 00:32:09,760 maybe a different you know shaped lot or whatever it may be maybe there's a hill next to it which 278 00:32:09,760 --> 00:32:16,320 makes it difficult to develop so those things are specifically peculiar to that property and not to 279 00:32:16,320 --> 00:32:22,000 any other property so that would fit under letter eight and then it further states that any or 280 00:32:22,000 --> 00:32:27,680 conditions uh that are there's a strict application of the provision of this seat would deprive the 281 00:32:27,680 --> 00:32:34,480 applicant of the reasonable use of that property again tie it back to what is that specific thing 282 00:32:34,480 --> 00:32:41,360 that makes it so difficult to develop letter b granting of the variance will not be detrimental 283 00:32:41,360 --> 00:32:46,640 to the public welfare or converse to other property or other improvements so you want to make sure that 284 00:32:46,640 --> 00:32:54,080 that's the case that the variance is the minimum variance uh that will accomplish this purpose so 285 00:32:54,080 --> 00:33:00,320 if there is any other way of accomplishing it uh then we should explore that but if not then this 286 00:33:00,320 --> 00:33:06,160 is the the only option that they have and it's one of the the variances that they're they're seeking 287 00:33:06,160 --> 00:33:14,960 um again we talked about unnecessary hardship um literally enforcement of the dvc will resort 288 00:33:14,960 --> 00:33:20,640 in unnecessary hardship you may ask well what what is that unnecessary hardship that's a that's a 289 00:33:20,640 --> 00:33:25,520 hard thing right because to one person unnecessary can mean one thing to another person it can mean 290 00:33:25,520 --> 00:33:32,400 another thing um however it does state further that general provisions and intent of the dvc 291 00:33:32,400 --> 00:33:38,640 and that granting such variance the the spirit of the dvc will be preserved so um looking at 292 00:33:38,640 --> 00:33:44,320 it in that respect you know unnecessary hardship is it's not just one person it's it's it's every 293 00:33:44,320 --> 00:33:52,160 everybody that's that's you know uh being affected so that's where i would lie on that um the granting 294 00:33:52,160 --> 00:33:58,320 of a variance is not solely for the purpose of mitigating a financial hardship so it has to be 295 00:33:58,320 --> 00:34:03,760 more than just i don't want to do that because it's going to cost me more money so it has to 296 00:34:03,760 --> 00:34:11,520 have some some a little bit more um reason for that hardship and then the the conditions that 297 00:34:11,520 --> 00:34:16,080 was created and the reason why they're seeking the variance is not one that was created by the 298 00:34:16,080 --> 00:34:32,400 owner so yes so again when you're reviewing these various uh requests these cases um we really the 299 00:34:32,400 --> 00:34:37,920 staff focuses on these criteria for approval in our staff analysis we make sure we try to summarize 300 00:34:37,920 --> 00:34:44,720 it as best as we feel in in terms of our our reasoning uh but when ultimately it comes down 301 00:34:44,720 --> 00:34:51,760 to it's your decision as the board and you have to either confirm with the staff's um reasoning 302 00:34:51,760 --> 00:34:58,800 or not but these are the criteria for approval that you should use based on to base your decision 303 00:34:58,800 --> 00:35:10,720 on the particular case um that's really my last I didn't I didn't mean to make it that small I just 304 00:35:10,720 --> 00:35:18,400 really it's more of a graphic the reason I show this is that when I search the development code 305 00:35:18,400 --> 00:35:23,920 and don't don't try to read it because it's really small um I found there are other sections of the 306 00:35:23,920 --> 00:35:31,200 code that references the zoning board of adjustment in terms of actions so I try to highlight some 307 00:35:31,200 --> 00:35:37,920 non-conforming uses we talked about already if someone has a grievance on meeting an application 308 00:35:37,920 --> 00:35:44,560 you know completeness they can also ask the zoning board of adjustment to consider that decision 309 00:35:44,560 --> 00:35:49,760 vested rights we talked a little bit about business registration again it talks about being 310 00:35:50,320 --> 00:35:56,720 the board is the decision factor on that and when when it comes to appealing decisions the area in 311 00:35:56,720 --> 00:36:03,440 blue is related to gas well so from our gas well section of the code I think it's I think it's six 312 00:36:03,440 --> 00:36:10,800 sub chapter six subject sub chapter six has um a lot in there in terms of gas well it does references 313 00:36:10,800 --> 00:36:18,560 the the zoning board of adjustment in certain um areas of the the regulations uh in terms of 314 00:36:18,560 --> 00:36:26,800 setback requirements extensions of what of a special exception if you know the operator fails 315 00:36:26,800 --> 00:36:32,080 to obtain written waivers and then any things that they need to cure on an alleged failure 316 00:36:32,080 --> 00:36:37,200 all of those things I don't want you to really focus on right now but if there is something that 317 00:36:37,200 --> 00:36:44,400 is requested or something that is not working in terms of the gas well development regulations 318 00:36:45,200 --> 00:36:51,200 the responsible board and commission or board is the zoning board of adjustment to hear those items 319 00:36:51,200 --> 00:36:59,280 now when we worked on the the gas well ordinance how long was that Hila? 13, 14. Was it that long? 320 00:36:59,280 --> 00:37:08,480 15 was the ban. Right so we uh we made it we made a point that the um that there should be some relief 321 00:37:08,480 --> 00:37:12,720 in an appeal process and so the board of adjustment you guys were the lucky ones 322 00:37:13,520 --> 00:37:18,640 for that so so the board of adjustment does consider uh items not the ones that I haven't 323 00:37:18,640 --> 00:37:22,880 mentioned but also um the ones I did mention but also with regards to gas well as well 324 00:37:22,880 --> 00:37:28,560 and then there's a there's a nod one this is actually in another section some something about 325 00:37:28,560 --> 00:37:33,280 satellite you know being located somewhere else not on the side of the rear if someone says no I 326 00:37:33,280 --> 00:37:39,360 want in the front well then they would appeal to you all to make that decision they have to prove 327 00:37:39,360 --> 00:37:49,040 why that variance is required so that's really just a quick you know update and some summarization of 328 00:37:49,040 --> 00:37:53,600 the zoning board of adjustment the composition we talked about some of the procedures in terms 329 00:37:53,600 --> 00:37:59,440 of the appeal process again um we've heard several of them lately I think for the newer members we 330 00:37:59,440 --> 00:38:06,000 haven't had one yet but um maybe coming hopefully not anytime soon and then we talked about some of 331 00:38:06,000 --> 00:38:12,560 the uh the rules in uh the powers and duties that is in terms of what applies uh to you all and then 332 00:38:12,560 --> 00:38:18,560 ultimately the various procedures because I think that the various procedure is more likely what 333 00:38:18,560 --> 00:38:25,840 you'll see on a more regular basis say than the others so any questions on that that was good 334 00:38:25,840 --> 00:38:32,080 can we have the presentation emailed to us like sure yeah all right oh thank you that's very good 335 00:38:32,080 --> 00:38:39,360 um the back up the link with the package they probably don't remember probably not um we'll 336 00:38:39,360 --> 00:38:44,320 make sure we email that to you you did the sub chapter but i don't think okay 337 00:38:44,320 --> 00:38:53,680 while i was working on the presentation came out after i have actually read it before but 338 00:38:53,680 --> 00:39:00,240 it doesn't matter how much of you did when the case has come up then you have to review 339 00:39:02,480 --> 00:39:06,960 do you want to call the next item i certainly do um all right is there any further discussion 340 00:39:06,960 --> 00:39:15,360 of this item all right um item 2b number zba 23-003 on our agenda is to receive a report 341 00:39:15,360 --> 00:39:22,640 and hold a discussion regarding um zoning districts sub chapter 3 zoning districts 342 00:39:22,640 --> 00:39:28,720 thank you chair um the reason i wanted to also provide a presentation on the zoning district is 343 00:39:28,720 --> 00:39:37,120 because a lot of the variances that you'll see will relate to a particular property and 344 00:39:37,120 --> 00:39:43,360 what they're they're requesting a variance from is typically from their setback requirements their 345 00:39:43,360 --> 00:39:49,120 height you know maximums building coverage those are the things i just wanted to give you guys an 346 00:39:49,120 --> 00:39:54,000 overview of where that is in the development code because when we present this to you you have a 347 00:39:54,000 --> 00:39:59,200 better understanding of how and what and where they're actually requesting that variance from 348 00:39:59,200 --> 00:40:06,080 so zoning district is in sub chapter 3 as the chair introduced it contains you know all of the 349 00:40:06,080 --> 00:40:14,320 zoning designations that is listed on the right you see that we have residential districts rr 350 00:40:14,320 --> 00:40:22,480 through r7 we have mixed use districts as well and men through md and mr corridor districts we have 351 00:40:22,480 --> 00:40:28,320 two suburban and highway and then we have other non-residential districts which is you know your 352 00:40:28,320 --> 00:40:34,480 general office light industrial as well as public facilities public facilities are your public 353 00:40:34,480 --> 00:40:41,840 agencies you know the city the state and the county as well those are disd those are all 354 00:40:41,840 --> 00:40:48,560 considered public facilities in addition to the zoning districts we also have plan development 355 00:40:48,560 --> 00:40:54,080 districts plan development districts are if you can imagine their own zoning district so 356 00:40:54,080 --> 00:41:01,280 this particular board will not likely consider any variances to those plan development districts but 357 00:41:01,280 --> 00:41:06,880 i just want to make mention that we have them as well those are approved by city council any 358 00:41:06,880 --> 00:41:12,400 changes to those or variances they would have to go through the zoning i'm sorry the city council 359 00:41:12,400 --> 00:41:19,120 or consideration they're either minor or major the major ones are go would go to this to the 360 00:41:19,120 --> 00:41:25,600 city council we also have overlay districts and we have two four six seven overlay districts which 361 00:41:25,600 --> 00:41:33,040 includes three historic districts these similarly have different requirements than the zoning 362 00:41:33,040 --> 00:41:38,560 districts again very specific if there are any changes they would have to go through 363 00:41:39,200 --> 00:41:47,440 that process of the city council similarly master plan communities it's another another way of 364 00:41:47,440 --> 00:41:52,880 saying that these particular areas have their own rules and regulations and their zoning 365 00:41:52,880 --> 00:41:59,120 requirements so that's why they're called out separately we currently have one big one it's 366 00:41:59,120 --> 00:42:06,560 called a coal hunter and that's a 6 000 acres it's a fairly large master plan community it has its own 367 00:42:07,920 --> 00:42:14,880 again requirements standards as well as their uh their process um really we might like if there was 368 00:42:14,880 --> 00:42:20,720 a cell variance there is that is that i don't think do we do i'm trying to remember we listed 369 00:42:20,720 --> 00:42:24,800 the zoning board that was something that they have to amend the mpc i have to go look but i believe 370 00:42:24,800 --> 00:42:28,800 they almost wholeheartedly adopted urgent development code and made minor modifications 371 00:42:28,800 --> 00:42:32,640 to things that they needed to suit them so they probably do have a work adjustment procedure 372 00:42:33,200 --> 00:42:45,440 yeah those mpcs um just this is just to show the that those those letters or those zoning districts 373 00:42:45,440 --> 00:42:52,640 is is is basically there's a second part of it and it's the second part of the zoning map 374 00:42:52,640 --> 00:43:00,720 so uh i apologize hard to see but you see r3 is more of a yellow color um zoning district the blue 375 00:43:01,760 --> 00:43:07,200 blue is pf it's i was going to ask anybody can guess but the blue is but it's already shown as pf 376 00:43:07,200 --> 00:43:15,760 this is obviously um tw and then this is unt and then the city properties and tic properties are 377 00:43:15,760 --> 00:43:23,760 shown in blue but we also have mn sc and r4 so again just so you know that those zoning districts 378 00:43:23,760 --> 00:43:31,120 there's a map that's associated with them so again based on the map of a property you would 379 00:43:31,120 --> 00:43:37,680 then identify what zoning district you're in so someone say that's in the r3 wants to develop 380 00:43:37,680 --> 00:43:44,880 they have to follow the zoning district's requirements under the r3 regulations so 381 00:43:44,880 --> 00:43:50,320 that's sort of how there's a whole zoning thing works anybody have any questions i think this is 382 00:43:50,320 --> 00:43:54,800 pretty self-explanatory but i sometimes i just want to make sure that it's covered yeah okay 383 00:43:56,960 --> 00:44:06,320 so in each of the zoning districts we have four elements or four areas each zoning district and 384 00:44:06,320 --> 00:44:13,120 this just happens to be the r3 zoning district it has a purpose and intent so it basically provides 385 00:44:13,120 --> 00:44:19,280 a narrative of what that zoning district is intended for there's also a graphic that's 386 00:44:19,280 --> 00:44:27,440 that summarizes and it's not exact but it just gives you an idea of what the areas are you know identified 387 00:44:27,440 --> 00:44:33,440 the rear setback the side setback the front setback and also the height so these are just 388 00:44:33,440 --> 00:44:40,400 kind of illustrating the main things that are covered under the zoning districts the second or 389 00:44:40,400 --> 00:44:46,480 the last two is related to the table that's that's within each of the zoning districts so 390 00:44:46,480 --> 00:44:53,280 each zoning district again this is the r3 has a table and each table or each zoning district 391 00:44:53,280 --> 00:45:00,480 has lot dimension minimums has setback minimums and has other standards so again we talked about 392 00:45:00,480 --> 00:45:09,120 if a particular lot is shaped differently and a property wants to develop and for their property 393 00:45:09,120 --> 00:45:16,560 the 10-foot rear yard does not work i mean that seems really minimal but for whatever reason they 394 00:45:16,560 --> 00:45:20,720 can't fit it in there and they have to encroach that 10 foot that would be a variance request that 395 00:45:20,720 --> 00:45:27,440 board would consider i don't think we we get a lot of the rear i think a lot of times it's the front 396 00:45:27,440 --> 00:45:33,200 yard setback that we get people want to encroach their front and so that's what the board typically 397 00:45:33,200 --> 00:45:40,880 sees so that's probably a better example we also have a building height and other building coverage 398 00:45:40,880 --> 00:45:47,360 as well you know say set property can't meet that meet that requirement then they are standard then 399 00:45:47,360 --> 00:45:54,480 they would come to the zoning board for that particular case the next few slides just basically 400 00:45:54,480 --> 00:45:59,600 shows all of the different zoning districts we won't spend a lot of time on it but what i did 401 00:45:59,600 --> 00:46:06,160 want to show is that there are also additional standards so in addition to the the minimum lot 402 00:46:06,160 --> 00:46:13,680 dimensions and setbacks there's also further requirements but there's you know it's standards 403 00:46:13,680 --> 00:46:22,000 but it could be to to be more restrictive but it also is it's to provide some alleviation in 404 00:46:22,000 --> 00:46:31,040 terms of certain you know setbacks and certain lot dimensions so for example in the r7 townhomes 405 00:46:31,040 --> 00:46:37,840 are allowed and if you familiar with townhomes you know maybe maybe the setback is a better example 406 00:46:37,840 --> 00:46:43,040 you know those those are basically side by side you know they're not you know they're there you 407 00:46:43,040 --> 00:46:49,200 can't how am i going to do a townhome if there's a five foot setback well section 373 of the 408 00:46:49,200 --> 00:46:54,720 development code provides some of those provisions to allow for townhomes developments and that's 409 00:46:54,720 --> 00:47:00,880 spelled out in that section so people will ask well i can't do a townhome well under 373 you can 410 00:47:00,880 --> 00:47:08,320 because it's covered in the ddc the next few ones again make mention that additional standards and 411 00:47:08,320 --> 00:47:14,320 they reference these sections that are listed here lot dimension setbacks building height and 412 00:47:14,320 --> 00:47:18,000 building coverage i wanted to point those out because you'll see that in a few seconds or 413 00:47:18,000 --> 00:47:24,000 a few slides and then this just rounds off the other zoning districts that we have again very 414 00:47:24,000 --> 00:47:30,400 similar they have the same lot in setback and building guided building coverage standards 415 00:47:30,400 --> 00:47:37,920 what are the acronyms stand for for which one you know the one row across the top sh cg what does 416 00:47:37,920 --> 00:47:43,120 oh so yeah so well that's a good question that is the zoning districts yes i understand that but 417 00:47:43,920 --> 00:47:49,920 what are those letters what are those acronyms just suburban corridors okay yeah you got it 418 00:47:49,920 --> 00:47:58,880 there it is yeah so yeah thank you very much yeah just memorizing those yes then yeah no trust me 419 00:47:58,880 --> 00:48:04,960 you know and remember rr but yeah rr is easy right in this railroad but it's not but for for 420 00:48:04,960 --> 00:48:11,360 those that you know we're we're familiar with in 2019 we updated the development code we had what 421 00:48:11,360 --> 00:48:18,800 27 28 zoning districts we when we did the update to the development code we narrow it down it's 422 00:48:18,800 --> 00:48:24,320 still a lot but it's not less than what it was before so you know considering how much we have 423 00:48:24,320 --> 00:48:33,920 to memorize this is a lot easier so um i talked about lot you know dimension so this this is the 424 00:48:33,920 --> 00:48:40,160 section that talks about it so you have a little bit more um you know standards so i'm not going 425 00:48:40,160 --> 00:48:44,000 to go through all of this but i just want to make mention that you know it talks about minimum lot 426 00:48:44,000 --> 00:48:52,000 dimensions a number of principal buildings or uses per lot it's all identified under that section 427 00:48:52,000 --> 00:49:01,280 for example for single family you can only have one single family home on a single family lot 428 00:49:02,480 --> 00:49:09,840 if that is the the use that's that's permitted under that um alternate standards and uh in cluster 429 00:49:09,840 --> 00:49:15,520 development so if there is a need for cluster development for a subdivision that section 430 00:49:15,520 --> 00:49:21,120 provides a little bit more uh information on how that is done uh i don't think it pertains to you 431 00:49:21,120 --> 00:49:29,840 i think what what i the reason i'm showing this to you is the table that i showed you is what most 432 00:49:29,840 --> 00:49:37,920 people vary from however there are other section or standards in the same sub chapter three that 433 00:49:37,920 --> 00:49:46,000 allows for people to lessen their setbacks because you know it's spelled out in this section under 434 00:49:46,000 --> 00:49:53,120 setbacks so for example um minimum measurements of setbacks it provides all of that information 435 00:49:53,120 --> 00:49:58,960 i'm trying to find a one here so there's there's these different ones so if you're saying well what 436 00:49:58,960 --> 00:50:05,120 if i have a front porch and i know it's hard to see the front porch allows you to encroach into 437 00:50:05,120 --> 00:50:18,800 the front yard setback to a certain degree if you have other things like like like balconies and 438 00:50:18,800 --> 00:50:24,480 fire escapes it gives you the ability to encroach into those setbacks because we know that that's 439 00:50:24,480 --> 00:50:29,440 something that's going to be needed the main items under those setback requirements are really the 440 00:50:29,440 --> 00:50:35,360 building structure right but anything offset from that maybe a bay window some of the other things 441 00:50:35,360 --> 00:50:41,840 that here that we see can encroach into that setback primarily because what we've done is we 442 00:50:41,840 --> 00:50:46,720 identified it here under this uh this section which is the table three seven a 443 00:50:51,200 --> 00:50:57,520 we talked about you know there's visual clearance required as well the one i wanted to focus on is 444 00:50:57,520 --> 00:51:02,080 the building height i think that's something that we've seen as well here at the zoning board we 445 00:51:02,080 --> 00:51:08,960 just went in the past this basically illustrates what that building height again i'm going to scroll 446 00:51:08,960 --> 00:51:15,200 real fast to a section and you can see the building heights are spelled out here for each of this each 447 00:51:15,200 --> 00:51:20,000 of the zoning districts so each of the each of the zoning district has a maximum building height 448 00:51:20,000 --> 00:51:28,880 you know 55 for the sc 100 uh for the hc which is along highways uh go general office most of 449 00:51:28,880 --> 00:51:38,000 them are located along the highway so those are 100 feet tall maximum uh li and hi uh 75 and 140 450 00:51:38,000 --> 00:51:44,560 and then pf is 100 um so those are the maximum building height so someone wants to come in and 451 00:51:44,560 --> 00:51:53,280 wants to build in the hi 145 well they're gonna have to come to you guys for that variance um and 452 00:51:53,280 --> 00:51:57,600 so that's why that's why it's important that you you know where that area of the code that 453 00:51:57,600 --> 00:52:04,880 that is what they're trying to vary from and we do have a definition of a building height provided 454 00:52:04,880 --> 00:52:11,840 here obviously we don't see a lot of this in in den but you know if if you're looking at um 455 00:52:12,960 --> 00:52:19,760 i guess a hip roof or a gable roof it's married from it's measured sorry measured from the the 456 00:52:19,760 --> 00:52:26,800 the ground level up to the midpoint between the uh the roof line and the e so that's where it's 457 00:52:26,800 --> 00:52:33,600 measured um for flat roofs is basically measured at the top of the flat or at the top of the roof 458 00:52:33,600 --> 00:52:39,760 and the ground level so again this provides you some idea of what what is how it's measured how 459 00:52:39,760 --> 00:52:44,800 buildings are measured and then again mainly the thing here i wanted to point out is really the 460 00:52:44,800 --> 00:52:50,640 building height that's what we we the board with the board so important adjustment sees most often 461 00:52:50,640 --> 00:53:01,120 that's it so setbacks a lot um um building coverage and then maximum building height is 462 00:53:01,120 --> 00:53:07,680 typically what you will you will see as part of a variance um we haven't seen a lot of those i think 463 00:53:08,640 --> 00:53:13,840 the reason being is they're following the rules right or they're finding a way to make it happen 464 00:53:13,840 --> 00:53:20,160 yeah so then we're gonna want you all to get it right in first place yeah he um you can send us 465 00:53:20,160 --> 00:53:28,880 that one too right yeah well sarah loves it just get there on the um different zone it has been 466 00:53:28,880 --> 00:53:37,120 reduced a lot hasn't it yeah we uh we haven't had any cases recently most of the ones that we've seen 467 00:53:37,120 --> 00:53:43,520 have been an appeal to the administrative decision right and hailey can you know attest you know a 468 00:53:43,520 --> 00:53:51,680 lot of the ones that we do see um will work with them to find a solution and so not to say that 469 00:53:51,680 --> 00:53:55,520 you know this board the reason why this board hasn't been meeting in a while because we don't 470 00:53:55,520 --> 00:53:59,840 have anything to bring forward i mean so we didn't expect for a good time but we thought it was 471 00:53:59,840 --> 00:54:04,640 important one to to you know collect a chair advice here and provide you with some additional 472 00:54:04,640 --> 00:54:10,240 training for some learning members and a refresher to some of the existing members but as we get those 473 00:54:10,240 --> 00:54:16,960 applications you know we process them and um if we can't find a solution then the option is to 474 00:54:16,960 --> 00:54:29,600 come to the zoning board of adjustment i think i think one more thing i want to make me too 475 00:54:30,720 --> 00:54:35,120 hillary and i were talking i think for the most part everybody is very familiar with 476 00:54:35,120 --> 00:54:40,400 um some of the procedures as far as the mediating itself um there's a lot of its 477 00:54:40,400 --> 00:54:47,120 role and i think when you first uh started you either had some training but uh if um if anybody 478 00:54:47,120 --> 00:54:52,960 else has any um needs or wants for any type of training uh please let us know 479 00:54:55,520 --> 00:55:01,920 do we even have that kind of training for a long time concluding items should i be this 480 00:55:01,920 --> 00:55:05,760 or just is that just toilet plate that's what i mean yeah just ask if there are any 481 00:55:05,760 --> 00:55:09,600 yeah there are any concluding items or comments for the good of the order sometimes 482 00:55:09,600 --> 00:55:14,480 but uh if not i'll entertain a motion to adjourn 483 00:55:19,840 --> 00:55:30,560 second thank you all in favor say aye aye and then it is 625