WEBVTT 00:00:00.000 --> 00:00:05.280 There we go. All right, after determining that according to the President, the Zoning Court of 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., 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 00:00:19.360 --> 00:00:24.080 opened all the walls. At the Development Service Center 401 North Elm Street, Denton, Texas, 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, 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 00:00:34.880 --> 00:00:46.240 the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America, 00:00:46.240 --> 00:00:53.120 and to the republic for which it stands, one nation under God, indivisible, with liberty and 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, 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 00:01:12.080 --> 00:01:18.080 Board of Adjustment Commission minutes for the December 19th, 2022 meeting. I'll entertain a 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? 00:01:26.080 --> 00:01:38.960 May I ask each member to vote? City staff. Oh, okay, okay. All those in favor? 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 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, 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. 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. 00:02:11.760 --> 00:02:14.640 That's great. 00:02:14.640 --> 00:02:34.400 All right. All right. Okay, to receive nominations and election, this is item 2B. 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. 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 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 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. 00:03:07.200 --> 00:03:12.400 So that was... Member is Lane and nominated by... 00:03:12.400 --> 00:03:21.840 And then motion... Oh, I'm sorry. Cut it backwards. 00:03:28.800 --> 00:03:33.520 Okay. And the motion was made by... 00:03:33.520 --> 00:03:44.400 I'm seconded by Farhad. Okay. Thank you. Thank you very much. And then 00:03:44.400 --> 00:03:48.960 I guess I have to call on each person again. So we'll start with... 00:03:49.680 --> 00:03:58.560 Board member Fisher? I vote yes. Aye. And then Michael? Yes. Okay. Yes. And... Yes. Yes. 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, 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 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, 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, 00:04:24.480 --> 00:04:30.960 which members would like to do it. You can nominate yourself. Please. Please go for it 00:04:30.960 --> 00:04:41.360 if you'd like to do it. And I will second. All right. Okay. Thank you. 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. 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 00:05:14.720 --> 00:05:18.560 a report and home discussion regarding the Zoning Board of Adjustment composition, 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? 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 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 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 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 00:05:53.360 --> 00:05:59.200 opportunity to bring the group together. So if you have any questions about the composition, 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 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 00:06:11.360 --> 00:06:21.280 through the development code, it basically spells out the board's composition, the rules and 00:06:21.280 --> 00:06:29.760 regulations, as well as the duties. So Section 234 of the Dental Development Code identifies 00:06:29.760 --> 00:06:36.080 composition. And the composition of this board is a seven-member board with three alternates. 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 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 00:06:51.280 --> 00:06:56.640 Board of Adjustment is appointed by the City Council. They serve in two-year terms. So 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, 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 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 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 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 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 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 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 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 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 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 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, 00:08:16.640 --> 00:08:21.440 but in other committees and boards that has happened in the past. Yes, ma'am. 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 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. 00:08:32.640 --> 00:08:41.280 Right. And Monica provides that ability. If you say you're not here for whatever reason, 00:08:41.280 --> 00:08:44.480 she documents it and she shares that with the CSO. 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. 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 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. 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 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 00:09:21.440 --> 00:09:27.120 anybody that you know that would be interested in serving in this board, please encourage them. 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 00:09:34.480 --> 00:09:39.440 identifies the zoning board of adjustment as a board committee or commission that they would 00:09:39.440 --> 00:09:43.760 like to serve, then that is brought forward to city council for consideration and fills that 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 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 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, 00:10:04.480 --> 00:10:08.960 they are appointed by city council. You have to go through that process, similar staggered 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 00:11:47.200 --> 00:11:58.560 composition? Operational procedures, I won't read all of this obviously we talked about already the 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 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 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, 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 00:12:29.520 --> 00:12:36.800 of our meetings. So that's also covered in the handbook for boards, commissions and council 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 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 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 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 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 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 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 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 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 00:13:28.080 --> 00:13:36.720 speaking in terms of our record keeping. Another point or another item under operational procedures 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 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 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 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 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 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 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 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 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 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 00:14:47.120 --> 00:14:56.320 separate agendas. Any questions on the administrative appeal or appeal of an administrative decision? 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 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 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 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 00:15:33.360 --> 00:15:41.600 established in subchapter two of the development code this table represents just a summary of what 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. 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 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 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 00:16:09.840 --> 00:16:17.760 duties the the zoning board of adjustment can consider changes in terms of non-conforming uses 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 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 00:16:30.640 --> 00:16:36.720 terms of changes re-establishments or terminations. Again we talked about the appeals of administrative 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 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 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 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 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 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 00:17:18.000 --> 00:17:23.760 regulation so that's another important you know item that this board considers. 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 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 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 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 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 00:17:59.360 --> 00:18:06.560 permits zoning verification letters also gas well development site I'm sorry gas well development 00:18:06.560 --> 00:18:14.800 site plans watershed protection permit also or other cases or items or projects that is 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. 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 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 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 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 00:18:51.440 --> 00:18:57.440 through a review process with staff ultimately the director also provides a review and then we 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 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 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 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 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 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 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. 00:19:42.640 --> 00:19:50.160 If they think that the board did something wrong there's a likelihood that the board 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 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 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 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 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 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 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 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 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 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 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 00:21:11.440 --> 00:21:17.280 goes so far that y'all's interpretations become part of the development code essentially where 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 00:21:25.120 --> 00:21:29.360 yeah got incorporated into a development code update that is coming going to be coming to 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 00:21:36.960 --> 00:21:46.240 here. So I also highlighted appeal of administrative decision but we already talked about that again 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 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 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 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 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 00:22:12.880 --> 00:22:16.800 through the development review process but then ultimately we need to schedule the meeting and 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 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 00:22:33.280 --> 00:22:37.520 what is what is a variance like what what does someone want a variance from 00:22:37.520 --> 00:22:45.120 the purpose statement there essentially means anything that they feel is an unnecessary 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 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 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 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 00:23:13.840 --> 00:23:22.240 unnecessary hardship or because of the special parcel of a specific parcel which cannot otherwise 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 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 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 00:23:42.720 --> 00:23:48.880 varying from most likely will be either a setback requirement or maybe you know building coverage 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 00:23:54.880 --> 00:24:00.400 home or something similar that's in the same neighborhood so because of that special project 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 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 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 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 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 00:24:34.240 --> 00:24:42.320 property not considering you know ones that are prohibited so those items in the development code 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 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 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 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 00:25:08.560 --> 00:25:14.080 for a variance just because you have a question okay applicability who can apply for various 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 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 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 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 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 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 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 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 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 00:26:10.080 --> 00:26:16.080 procedure is basically what we go through in terms of going through the review process and 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 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 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 00:26:36.960 --> 00:26:41.680 adjustment we talked about an approval criteria is actually part of this presentation i'll list 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 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 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 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 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 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 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 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 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 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 00:27:46.080 --> 00:27:50.880 under the zoning board of adjustment office right so the the finding of fact is just 00:27:52.400 --> 00:27:57.920 the criteria were met were incorporating staff's reasoning because they did an excellent job 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 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 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 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 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 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 00:28:37.200 --> 00:28:42.640 with the the zoning board of adjustment office which is really the development services so we 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 00:28:50.160 --> 00:28:55.360 and relocation of variances of course if they don't follow through with the variance conditions 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 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 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 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 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 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 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 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 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 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 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 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 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 00:30:26.640 --> 00:30:32.880 approved variance shall apply only to the property or structure described in the approval and shall 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 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 00:30:44.160 --> 00:30:50.880 have the house with this variance or business or whatever then that property has that variance 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 00:33:06.160 --> 00:33:14.960 um again we talked about unnecessary hardship um literally enforcement of the dvc will resort 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 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 00:33:25.520 --> 00:33:32.400 another thing um however it does state further that general provisions and intent of the dvc 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 00:35:31.200 --> 00:35:37.920 non-conforming uses we talked about already if someone has a grievance on meeting an application 00:35:37.920 --> 00:35:44.560 you know completeness they can also ask the zoning board of adjustment to consider that decision 00:35:44.560 --> 00:35:49.760 vested rights we talked a little bit about business registration again it talks about being 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 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 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 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 00:36:18.560 --> 00:36:26.800 setback requirements extensions of what of a special exception if you know the operator fails 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 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 00:36:37.200 --> 00:36:44.400 is requested or something that is not working in terms of the gas well development regulations 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 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? 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 00:37:08.480 --> 00:37:12.720 in an appeal process and so the board of adjustment you guys were the lucky ones 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 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 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 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 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 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 00:37:49.040 --> 00:37:53.600 the zoning board of adjustment the composition we talked about some of the procedures in terms 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 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 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 00:38:12.560 --> 00:38:18.560 ultimately the various procedures because I think that the various procedure is more likely what 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 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 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 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 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 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 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 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 00:39:15.360 --> 00:39:22.640 and hold a discussion regarding um zoning districts sub chapter 3 zoning districts 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 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 00:39:37.120 --> 00:39:43.360 what they're they're requesting a variance from is typically from their setback requirements their 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 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 00:39:54.000 --> 00:39:59.200 better understanding of how and what and where they're actually requesting that variance from 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 00:40:06.080 --> 00:40:14.320 zoning designations that is listed on the right you see that we have residential districts rr 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 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 00:40:28.320 --> 00:40:34.480 general office light industrial as well as public facilities public facilities are your public 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 00:40:41.840 --> 00:40:48.560 considered public facilities in addition to the zoning districts we also have plan development 00:40:48.560 --> 00:40:54.080 districts plan development districts are if you can imagine their own zoning district so 00:40:54.080 --> 00:41:01.280 this particular board will not likely consider any variances to those plan development districts but 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 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 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 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 00:41:25.600 --> 00:41:33.040 includes three historic districts these similarly have different requirements than the zoning 00:41:33.040 --> 00:41:38.560 districts again very specific if there are any changes they would have to go through 00:41:39.200 --> 00:41:47.440 that process of the city council similarly master plan communities it's another another way of 00:41:47.440 --> 00:41:52.880 saying that these particular areas have their own rules and regulations and their zoning 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 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 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 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 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 00:42:24.800 --> 00:42:28.800 they almost wholeheartedly adopted urgent development code and made minor modifications 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 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 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 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 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 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 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 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 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 00:43:37.680 --> 00:43:44.880 they have to follow the zoning district's requirements under the r3 regulations so 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 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 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 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 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 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 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 00:44:33.440 --> 00:44:40.400 kind of illustrating the main things that are covered under the zoning districts the second or 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 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 00:44:53.280 --> 00:45:00.480 has lot dimension minimums has setback minimums and has other standards so again we talked about 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 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 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 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 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 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 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 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 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 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 00:46:06.160 --> 00:46:13.680 dimensions and setbacks there's also further requirements but there's you know it's standards 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 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 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 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 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 00:46:49.200 --> 00:46:54.720 development code provides some of those provisions to allow for townhomes developments and that's 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 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 00:47:08.320 --> 00:47:14.320 they reference these sections that are listed here lot dimension setbacks building height and 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 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 00:47:24.000 --> 00:47:30.400 similar they have the same lot in setback and building guided building coverage standards 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 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 00:47:43.920 --> 00:47:49.920 what are those letters what are those acronyms just suburban corridors okay yeah you got it 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 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 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 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 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 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 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 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 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 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 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 00:49:09.840 --> 00:49:15.520 development so if there is a need for cluster development for a subdivision that section 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 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 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 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 00:49:46.000 --> 00:49:53.120 setbacks so for example um minimum measurements of setbacks it provides all of that information 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 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 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 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 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 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 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 00:50:41.840 --> 00:50:46.720 identified it here under this uh this section which is the table three seven a 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 00:54:30.720 --> 00:54:35.120 hillary and i were talking i think for the most part everybody is very familiar with 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 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 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 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 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 00:55:05.760 --> 00:55:09.600 yeah there are any concluding items or comments for the good of the order sometimes 00:55:09.600 --> 00:55:14.480 but uh if not i'll entertain a motion to adjourn 00:55:19.840 --> 00:55:30.560 second thank you all in favor say aye aye and then it is 625