09/05/19 Zoning Appeals Board


BOARD FOR THE REVIEW IN TODAY’S PUBLIC HEARING MEMBERS OF THE PUBLIC AT THIS TIME PLEASE TAKE A MINUTE TO TURN OFF YOUR CELL PHONES OR OTHER DEVICES SO THEY DON’T INTERRUPT THE MEETINGS OF THE BOARD CAN CONSIDER CASES WITHOUT. ANY INTERRUPTION. FOR THESE PUBLIC HEARINGS THE BOARD REVIEWED CORRESPONDENCE SUBMITTED IN SUPPORT OF AN OPPOSITION TO THESE CASES. THE BOARD ALSO REVIEWS CORRESPONDENCE AND RECOMMENDATIONS FROM OTHER GOVERNMENT AGENCIES AND PREPARATION FOR THE HEARINGS. IN TODAY’S HEARING STAFF WILL PRESENT THE SITE PLANS MAPS PHOTOGRAPHS AND OTHER DOCUMENTS THAT COMPRISE COMPRISE THE CASE RECORD. AT THE CONCLUSION OF THE STAFF PRESENTATION THE ACCOUNT WILL PRESENT HIS OR HER CASE TO THE BOARD. AFTER THE APPELLANT’S PRESENTATION THE BOARD WILL HEAR THOSE WISHING TO. SPEAK IN SUPPORT OF THE APPEAL. IF THE APPEAL HAS OPPOSITION THE BOARD WILL THEN HEAR FROM THOSE PARTIES. AFTER THE OPPOSITION PRESENTS ITS TESTIMONY THE ACCOUNT WILL HAVE APPEARED FOR REBUTTAL. ACCORDING TO THE BCA RULES THE APPELLANT HAS FIVE MINUTES TO FOR PRESENTATION IF NO OPPOSITION IS PRESENT. IN CONTESTED CASES THE BUSY A WORLD ALLOWED TEN MINUTES FOR EACH SIDE TO PRESENT TESTIMONY. THE APPELLANT WISH TO PROVIDE REBUTTAL TESTIMONY THE APPELLATE SHOULD RESERVE SOME PORTION OF THE ORIGINALLY ALLOTTED TEN MINUTES. AT THE CONCLUSION OF EACH HEARING THE BOARD WILL DELIBERATE AND THEN VOTE O THE CASE THE BOARD IS VESTED WITH THE POWER TO ACT ON THESE CASES UNDER THE PROVISIONS OF THE METRO ZONING CODE SECTION SEVENTEEN FORTY ONE EIGHTY. ALL SECTION NUMBERS THAT WE REFER TO TODAY WILL COME FROM THE METRO ZONING CODE WHICH REQUIRES A PLASTER THE ENTIRE JURISDICTION OF THE METROPOLITAN GOVERNMENT. ZONING CODE WAS ADOPTED BY THE METRO COUNCIL AND BECAME EFFECTIVE ON JANUARY FIRST NINETEEN NINETY EIGHT. I WILL INTRODUCE THE ENTIRE ZONING CODE AND MAKE IT A PART OF TODAY’S RECORD. THE METRO CODE REQUIRES A RECORD OF THESE PROCEEDINGS. BECAUSE BUSY A MEETINGS ARE RECORDED FOR THE METRO NATIONAL NETWORK IT’S IMPERATIVE THAT ANYONE ADDRESSING THE BOARD. COME TO THE FRONT TABLE UP SPEAK INTO THE MICROPHONE IS ON THAT TABLE. ALL SPEAKERS SHOULD IDENTIFY THEMSELVES NAME AND ASK BEFORE MAKING THE DESIRED PRESENTATION. I WOULD ALSO NOTE THAT THIS PARTICULAR ROOM DOES NOT HAVE A SOUND AMPLIFICATION SO IF YOU HAVE A- CASE THAT YOU’RE HERE ON IN SUPPORT OF OPPOSITION IF YOU NEED TO BE% SURE THAT YOU HEAR. WHAT THE SPEAKER IS SAYING THESE MICROPHONES ON ABLE FIGHT AROUND THE ROOM SO YOU WANT TO MOVE UP TO THE FRONT OF THE ROOM. TO MAKE SURE IF YOU CAN HEAR. THE MEASURE CODE REQUIRES FOR MEMBERS OF OUR SEVEN MEMBER BOARD TO ESTABLISH QUORUM. THE CODE ALSO REQUIRES AT LEAST FOUR AFFIRMATIVE VOTES TO GRANT AN APPEAL. IN THE EVENT THAT FIVE OR MORE OR MORE MEMBERS ARE PRESENT BUT THE APPEAL FAILED TO RECEIVE FOR AFFIRMATIVE VOTES. THE CASE WILL REMAIN ON THE BOARD’S AGENDA FOR THE NEXT THIRTY DAYS. APPLICATIONS THAT FAIL TO RECEIVE FOR AFFIRMATIVE VOTES WITHIN THIRTY DAYS OF THE PUBLIC HEARING SHALL BE DEEMED DENIED BY OPERATION OF LAW. PURSUANT TO BOARD RULES AND AGGRIEVED PARTY MAY APPEAL BOARD DECISIONS TO CHANCERY OR CIRCUIT COURT WITHIN SIXTY DAYS OF THE ENTRY OF A BUSY A ORDER. ADDITIONALLY AS PER THE BCA RULES AND AGGRIEVED PARTY MAY FILE A MOTION FOR REHEARING BY THE BCA WITHIN SIXTY DAYS OF THE ORIGINAL HEARING DATE. AFTER THAT TIME ELAPSES THE BOARD’S DECISION BECOMES FINAL NO FURTHER ACTION CAN BE TAKEN. IF YOU’RE PEELS GRANTED YOU’RE REQUIRED TO OBTAIN THE PERMIT FOR WHICH YOU APPLIED. A PERMIT MUST BE OBTAINED WITHIN TWO YEARS FOR BOARD APPROVAL TO REMAIN VALID. IT SHOULD ALSO BE NOTED THAT A FALSE OR MISLEADING TESTIMONY IS PRESENTED TO THE BOARD. ANY BOARD APPROVAL COULD BE REVOKED AT A LATER TIME BY MEANS OF A SHOW CALLED HEARING BEFORE THE BUSY DAY. MISTER CHAIRMAN I SUBMIT ALL CASES HAVE BEEN FILED IN PROPER ORDER. ALL PALACE HAVE BEEN NOTIFIED BY CERTIFIED MAIL AND ALL LEGAL NOTICE REQUIREMENTS HAVE BEEN FULFILLED. I DO HAVE SOME PRELIMINARY ANNOUNCEMENTS REGARDING DEFERRALS AND WITHDRAWALS. FIRST CASE TWO THOUSAND NINETEEN ZERO EIGHT FIVE HAS BEEN DEFERRED TO SEPTEMBER FIFTEENTH. CASE TWO THOUSAND NINETEEN TO TWELVE HAS BEEN DEFERRED INDEFINITELY. CASE TWO THOUSAND NINETEEN TO SIXTY FIVE HAS BEEN WITHDRAWN. CASE TWO THOUSAND NINETEEN THREE HUNDRED HAS BEEN DEFERRED TO SEPTEMBER FIFTEENTH. CASE 220-001-9340 ONE HAS BEEN WITHDRAWN. CASE TWO THOUSAND NINETEEN THREE FIFTY HAS BEEN DEFERRED TO SEPTEMBER FIFTEENTH. CASE TWO THOUSAND NINETEEN THREE FIFTY ONE HAS BEEN DEFERRED TO SEPTEMBER FIFTEENTH. AND IN CASE TWO THOUSAND NINETEEN THREE SEVENTY SIX HAS BEEN DEFERRED TO SEPTEMBER FIFTEENTH. I AM THAT IS MY MISTAKE EVERY SEPTEMBER FIFTEENTH I JUST SAID SHOULD BE SEPTEMBER NINETEENTH SO IF YOU HAD A CASE THAT YOU’RE HERE FOR TODAY THAT WAS DEFERRED. TUE SEPTEMBER FIFTEENTH THAT WAS ACTUALLY DEFERRED TO SEPTEMBER NINETEENTH THAT’S CASE TWO THOUSAND NINETEEN ZERO EIGHT FIVE. 200-019-3002 THOUSAND NINETEEN. THREE FIFTY THREE FIFTY ONE AND THREE SEVENTY SIX DOES HAVE ALL BEEN DEFERRED TO SEPTEMBER NINETEENTH THANK YOU FOR CALLING THAT TO MY ATTENTION. FOR MEMBERS OF THE PUBLIC I BOARDED A LOT OF THE CONSENT AGENDA AT EACH OF ITS MEETINGS ONE BOARD MEMBER REVIEWS THE RECORD FOR EACH CASE PRIOR TO THE HEARING IDENTIFIES THOSE CASES WHICH MEET THE CRITERIA FOR THE REQUESTED ACTION BY THE APPELLANT. IF THE REVIEWING BOARD MEMBER DETERMINES THE TESTIMONY IN THE CASE WOULD NOT ALTER THE MATERIAL FACTS IN ANY SUBSTANTIAL WAY. THE CASE IS RECOMMENDED TO THE BOARD FOR APPROVAL. WILL ENTER INTO THE RECORD. HE SAYS THAT HAVE BEEN SO RECOMMENDED. AND IF ANYONE IS HERE IN OPPOSITION TO ONE OF THE CASES IDENTIFIED FOR THE CONSENT AGENDA. PLEASE RAISE YOUR HAND TO MAKE SURE I SEE YOU WILL PULL IT OFF THE CONSENT AGENDA. LET’S WAIT WE GET TO THE CONSENT AGENDA SO KNOW WHAT CASE YOU’RE HERE FOR. I MAKE SURE I SEE YOU SO WE CAN REMOVE THE CASE FROM THE CONSENT AGENDA THAT HASN’T BEEN. ANNOUNCED YET SO MAYBE THAT YOUR CASE IS NOT ON THE CONSENT AGENDA. PLEASE NOTE THAT ANY SUCH. OKAY IS PLACED ON THE CONSENT AGENDA. THE APPLICANT HAS AGREED TO PLANNING’S RECOMMENDATIONS. MISTER CHAIRMAN THEY DO THE CASES THAT HAVE BEEN RECOMMENDED FOR THE CONSENT AGENDA. FIRST CASE 200-019-3409 AND FALLING PROPERTY AT FORTY EIGHT NINETY EIGHT KNOWN DOUBLE PIKE IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE FORTY NINE. SEEING NYNEX CASE TWO THOUSAND NINETEEN THREE FIFTY THREE INVOLVING PROPERTY AT EIGHTEEN TWENTY TWO C. FOR STREET IS THERE ANYONE HERE IN OPPOSITION TO CASE. THREE FIFTY THREE. NEXT CASE TWO THOUSAND NINETEEN THREE SIXTY SIX INVOLVING PROPERTY AT SEVEN SIXTEEN CROLY DR. IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE SIXTY SIX. SING NINE CASE TWO THOUSAND NINETEEN THREE SEVENTY INVOLVING PROPERTY AT FIFTEEN TWENTY SEVEN RIVERSIDE DR IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE SEVENTY YES I WILL PULL THAT ONE FROM THE CONSENT AGENDA AND HEAR IT IN ITS REGULAR ORDER. CASE TO THE NINETEEN THREE SEVENTY ONE INVOLVING PROPERTY T TWELVE FORTY A. THOMAS STREET. IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE SEVENTY ONE. SING NYNEX CASE TWO THOUSAND NINETEEN THREE SEVENTY THREE INVOLVING PROPERTY AT SIXTEEN OO NINE COCKLE STREET IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE SEVENTY THREE. X. CASE TWO THOUSAND NINETEEN THREE SEVENTY FOUR INVOLVING PROPERTY AT SIXTEEN OH FIVE COCKLE STREET IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE SEVENTY FOUR. SING NYNEX CASE TWO THOUSAND NINETEEN THREE EIGHTY INVOLVING PROPERTY AT FIVE FIFTY NINE EIGHT HAMILTON AVENUE IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE EIGHTY. NEXT CASE TWO THOUSAND NINETEEN THREE EIGHTY TWO INVOLVING PROPERTY FIFTY THREE FIFTEEN HICKORY HOLLOW LANE IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE EIGHTY TWO. NEXT CASE TWO THOUSAND NINETEEN THREE EIGHTY THREE INVOLVING PROPERTY AT TWENTY FIVE FORTY ONE MURPHY’S BOROUGH PIKE IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE EIGHTY THREE. CASE TWO THOUSAND NINETEEN THREE EIGHTY SEVEN INVOLVING PROPERTY A THIRTY EIGHT ELEVEN HILLSBORO PIKE IS THERE ANYONE HERE IN OPPOSITION. I DID NOT. THREE EIGHTY SEVEN INVOLVING PROPERTY AT THIRTY EIGHT ELEVEN HILLSBORO PIKE IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE EIGHTY SEVEN. AND FAMILY CASE TWO THOUSAND NINETEEN THREE NINETY INVOLVING PROPERTY AT SEVEN EIGHTY OLD HICKORY BOULEVARD IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE NINETY. SEEING NINE TO REVIEW MISTER CHAIRMAN THE CASES ON THE CONSENT AGENDA CASE 200-019-3409 THREE FIFTY THREE. THREE SIXTY SIX. THREE SEVENTY ONE THREE SEVENTY THREE. 773-838-2380 THREE THREE EIGHTY SEVEN AND THREE NINETY. ALRIGHT WE HAVE A MOTION FOR THE CONCERN OF THE OTHERS ARE PREGNANT. MOTION AND A SECOND ANY DISCUSSION ON SALE ANY OPPOSED CONSENT AGENDA PASSES. MEMBERS OF THE PUBLIC IF YOUR CASE WAS JUST APPROVED ON THE CONSENT AGENDA YOU’RE WELCOME TO STAY BUT YOU’RE FREE TO GO PLEASE GIVE OUR STAFF UNTIL MONDAY TO PROCESS ALL THE DOCUMENTATION ASSOCIATED WITH YOUR APPEAL IT WHICH POINT YOU CAN COME AND PURSUE THE PURPOSE FOR WHICH YOU APPLIED. I DON’T REMEMBER IS HERE TODAY. SO THAT BEING THE CASE ABSENT ANY OTHER ANNOUNCEMENTS MISTER CHAIRMAN WE’RE READY TO PROCEED WITH THE CASES TO BE HEAR. FIRST CASE TWO THOUSAND NINETEEN THREE OH THREE INVOLVING PROPERTY AT SEVEN FORTY FIRST AVENUE NORTH IS THE APPELLANT HERE FOR THIS CASE. AND COME UP TO THE FRONT DESK. MISTER CHAIRMAN THIS IS A SHORT TERM RENTAL CASE. I’LL GIVE THE QUICK BACKGROUND ARE SHORT TERMINAL STAFF WILL BE HERE LATER IN THE MEETING THAT THIS WAS YOUR CALL WAS MADE TO THE FRONT. DUE TO A- MEDICATION ERROR AT THE LAST MEETING. ON THIS ONE THE PERMIT WAS ISSUED IN OCTOBER OF TWO THOUSAND SEVENTEEN. TWO I BELIEVE IT TAMMY AND KENNETH ROGERS THERE AFTER IN JULY OF TWO THOUSAND EIGHTEEN THE PROPERTY WAS QUICK CLAIMS TO RIVER FRONTALS L. L. C. THE PERMIT THEN EXPIRED IN OCTOBER SEVENTH. I’M SORRY OCTOBER OF TWO THOUSAND EIGHTEEN A YEAR AFTER IT WAS INITIALLY ISSUED. AFTER THAT EXPIRATION I BELIEVE THEY DID NOT RENEW IT THEY OPERATED. AND HE CAN SPEAK TO THIS I BELIEVE THERE WERE THREE RENTALS AFTER THAT EXPIRATION BUT AS SOON AS HOST COMPLIANCE SENT THE ABATE NOTICED THEY STOPPED OPERATING SO. AGAIN HE CAN HE CAN SPEAK TO THOSE THREE RENTALS BUT THEY WERE ONCE YOU RECEIVE NOTICE THAT HE DID NOT HAVE A VALID PERMIT. OPERATION CEASED I BELIEVE THEY CAME INTO IT TO ATTAIN THE PERMIT BASED ON THAT EIGHT NOTICE WHICH POINT CODE ON THE PERMIT DUE TO THE OPERATING ON THE CARD. SO I THINK TWO ISSUES HERE THE OPERATING ON AN EXPIRED PERMIT AS WELL AS THE CHANGE IN OWNERSHIP. AND. NOW IT THE SAYS APPLE DOESN’T QUALIFY UNDER PUBLIC CHAPTER NUMBER NINE SEVENTY TWO. I’M NOT SURE THAT I HAVEN’T SEEN THAT ON OUR- IT’S A STRANGE WARNING AND THE PERSON WHO TOOK THE EXAM EXAMINER TYPICALLY TO HIS APPLICATION WAS OUT THE DAY THAT THIS WAS FILED SO THAT THIS SHOULD JUST THE GENERIC PLANE FOR SHORT TERMINAL. FOR THE VERY PUBLIC CHAPTER I BELIEVE FOR THE STATE STATUTE FOR THE SHORT TERMINAL AND UNDER THAT. AS YOU RECALL THE SHORT TERMINAL STATES THAT IF. THE CHANGE IN OWNERSHIP IT KILLS THE- BASICALLY KILLED THE PERMIT NOW AFTER WE APPLIED ND RIGHT THERE NO LONGER. APPLYING UNDER THE LAW IN EFFECT AT THE TIME THE PERMIT WAS ISSUED WHICH WAS OCTOBER OF TWO THOUSAND SEVENTEEN IF THE BOARD DETERMINES THAT CAN ELIGIBLE TO. REAPPLY THEY WOULD APPLY UNDER TODAY’S. LAWS OKAY. AND THEN THEY. OKAY I THINK IT MIGHT. MAKE SENSE ALL THE OTHER QUESTION THEM HAVING TO HELP OTHERWISE YOU’LL HAVE FIVE MINUTES IS THERE ANYONE HERE IN OPPOSITION TO THIS CASE. IF YOU HAVE FIVE MINUTES TO MAKE YOUR THEIR PRESENTATION SERVICE DOES TAKE YOUR ADDRESS AND TELL US WHY YOU’RE HERE. AND EIGHT OH SIX THIRD AVENUE SOUTH HERE. REPRESENTING THE OWNERS OF THE PROPERTY REPRESENTING THE PROPERTY MANAGEMENT COMPANY PLATELETS PROPERTIES. OKAY AND TELL ME WHAT HAPPENED. SO THE OWNERS NOR WE UNDERSTOOD THAT THE ARMY WOULD BE INVALID ONCE A CHANGE IN OWNERSHIP EXISTED. BECAUSE WE WERE NOT THINKING THAT IT WAS A CHANGE IN OWNERSHIP AT LEAST AT THAT POINT BECAUSE THE OWNERSHIP CHANGE FROM THE INDIVIDUAL OWNERS AS PERSONS TO A SOLE OWNER OR SOUL FAMILY LLC IN THE NAME OF THE SAME TWO PEOPLE SO. WHEN THEY QUIT DEEDED OVER. TO THE L. L. C. AS WAS STATED EARLIER IN THE YEAR WE KEPT OPERATING THE PROPERTY OWNERS AND US BOTH OF NOT UNDERSTANDING THAT THAT WAS A PROBLEM AND THEN AS WE WERE IN THE PROCESS OF APPLYING FOR THE NEW PERMIT IN OCTOBER. OF THAT SAME YEAR WE CONTINUE TO THE PROCESS AND THEN LEARNED AS A PART OF APPLYING THAT THE WE WERE OPERATING IN VIOLATION BECAUSE OF THE CHANGE IN OWNERSHIP. AND SO I THINK THE LETTER SIGNIFYING THAT GOT CROSSED UP BECAUSE IT WAS NOT SENT TO. THE OR TO US LISTED AS A CONTACT PEOPLE BUT WE WERE IN THE PROCESS OF TRYING TO GET THE PERMIT. RENEWED AND THAT’S WHEN WE DISCOVERED THAT THIS WAS THE ISSUE WHAT WAS THE LAST DAY OF THE PROPERTY. THE LAST DAY WAS IN NOVEMBER. OF THAT SAME YEAR AND THEN JUST. YEAH BUT I THINK PEOPLE THAT OWN THE PROPERTY NOW THAT OWNED IT. YES THEN YES OKAY AND SO YOU HAVE A RIGHT TO THE PROPERTY SINCE LAST NOVEMBER. AND. HAS BEEN LISTED AS A IF YOU SEE WHEN YOU GOT THE NOTICE. I HEARD YOU SAY THAT. WHEN YOU GOT THE NOTICE YOU STOP IT AND STARTED THE PROCESS OF TRYING TO APPLY FOR NEW IT. BUT THEN LEARNED THAT BECAUSE OF THE NAME CHANGE FOR THE CHANGE IN OWNERSHIP I GUESS TECHNICALLY IS WHAT IT IS THEN IT WASN’T ELIGIBLE FOR NEW PERMIT BECAUSE WE OPERATED. UNDER DIFFERENT OWNERSHIP OKAY AND THAT’S WHERE. NEITHER OF US KNEW THAT THAT WAS WAS THE CASE OKAY. ANY ANY QUESTIONS. IF I COULD SAY ONE OTHER THING I’M NOT MISS NOT ASKING BUT I DON’T I DON’T THINK THE ZONING. ADMINISTRATOR MADE A MISTAKE. BUT WE JUST WEREN’T AWARE OF THIS RULE AND SO WHAT I’M ASKING REALLY IS IF WE COULD GO AHEAD AND START BACK APPLYING FOR THE GRANT. OR FOR THE PERMIT NOW VERSES WAITING UNTIL NOVEMBER SINCE IT’S BEEN NEARLY A YEAR ANYWAY AND THE LACK OF OUR UNDERSTANDING WE ADMIT. BUT WOULD LIKE TO SEE IF WE COULD HAVE LENIENCY TO MOVE FORWARD OKAY. THAT IN. IF I’M UNDERSTANDING THIS THE OWNERS THAT YOU REPRESENTED TRANSFERRED IT TO AN LLC WHICH IS A SEPARATE LEGAL ENTITY. AND THAT’S KIND OF WHERE YOU ARE RIGHT NOW THAT THE LLC WHICH OWNS IT WHICH IS. PRIMARILY FOR WHATEVER PURPOSES THAT LIABILITY WHATEVER YES AND THEY DIDN’T THINK THAT THAT WAS AN ISSUE BECAUSE THEY’RE OF SEEING THE LLC. IS SINGLE MEMBER OR A FAMILY MEMBER LLC WHICH ARE THE SAME TWO PEOPLE THAT OWN THE PROPERTY THEY WOULD JUST OPERATING ON A VICE FROM THEIR THEIR ACCOUNTANT QUITE FRANKLY. WHICH WE’VE HAD THAT WE’RE SEEING THAT HAPPEN QUITE QUITE OFTEN WHERE PEOPLE ARE CHANGING THE OWNERSHIP FROM THEIR NAMES TO AN LLC OR SOME OTHER ENTITY. AND WHAT I’VE LEARNED THROUGH THIS PROCESS IS AS SOON AS THAT HAPPENS THEN THE PERMIT IS NULLIFIED. WHAT I DON’T UNDERSTAND THOUGH IS HOW IT CAN BE PREVENTED BECAUSE- IF THE DAY. IT HIT THE DEED IS CHANGED IN THAT PART OF IT NO LONGER IS VALID. AND IT TAKES NORMALLY TWO WEEKS OR SO TO GET. A NEW PERMIT WHEN YOU LOOK AT THE PROCESS YOU HAVE TO GO THROUGH WITH NOTIFYING. NOTIFY NEIGHBORS NAME THE FIRE MARSHAL INSPECTION AND ALL THOSE THINGS DONE. I CAN’T SEE HOW IT COULD BE PREVENTED SO. DESPITE THAT WE KNOW WE’VE WAITED A SIGNIFICANT AMOUNT OF TIME AND IT JUST TRYING TO SEE IF WE CAN GO AHEAD AND RE APPLY NOW. ANY OTHER QUESTIONS. ANYTHING ELSE TO ADD. NOT AT THIS POINT ALL RIGHT WE WILL CLOSE PUBLIC HEARING AND DISCUSS THIS WAS ON THE TOP OF THE DOCKET BECAUSE IT WAS IN OUR OWN IT WAS LISTED ON OUR DOCKET INCORRECTLY AND IT HAD TO BE THAT IS PROPERLY A MONTH AGO WHICH IN ESSENCE IS AT AN END OF THE MONTH. THE TO THE TIME HERE. THE IT TO HIS. THE LAST KNOWN RENTALS AND LAST NOVEMBER. TYPICALLY THESE ARE TO ME THESE ARE TEN MONTH OFFENSES I THINK HE’S PROBABLY IN MY MIND IS SERVED AS TOM IN TERMS OF BEHAVIOR. MUSCLE FOR MICHAEL’S OTHERWISE. YOU KNOW ME I’VE BEEN SORT OF THE COMMOTION LATELY YOU’RE ON THE WALLS PRETTY CLEAR. WELL THE LAW THE LAW IS VERY CLEAR AND THEY TRAVEL OVER THE OWNERSHIP WHICH THEY RECEIVE THE BENEFIT FOR HALF PURPOSES AS- WELL THAT YOU KNOW THERE’S A I MEAN I CAN’T ARGUE WITH THAT SO MUCH FINANCIAL IT BEST INTEREST OR LEGAL BEST INTEREST YOU YOU. YOU PROBABLY TO START AN LLC I THINK YOU WOULD HAVE A LEGAL PROTECTIONS BUT IT FINANCIALLY IT IS A LOT MORE EXPENSIVE IN TERMS OF FRENCH AS EXCESS TAX AND- AN LLC IN THE ANNUAL FEE FOLLOWING A PAYING FOR AN ACCOUNT TO THE U. K. ONES AND ALL THAT KIND OF STUFF I MEAN I THINK IT’S PROBABLY MORE EXPENSIVE FINANCIALLY. I CAN’T BUT I CAN’T. SPEAK TO WHY. ANYBODY WOULD USE THAT OR THE OTHER. MY ONLY COMMENT ON THE CLARITY OF THE LAW IS THE LAW. IS VERY CLEAR FOR US THAT WE CAN GIVE ZERO TO TWELVE MONTHS THAT IS. THAT’S WHAT WE’RE LOOKING AT AND- IT MAY BE THERE MAY BE SOME OF US THAT THINK EVERYBODY SHOULD HAVE TWELVE AND THAT’S- FINE I MEAN THERE ARE CERTAINLY SOME COUNCIL MEMBERS AT THINK THAT TOO AND- TOLD. US THAT. AND IT AT ALL OUT OF AN ISSUE. WITH WITH PEOPLE PEELING AWAY THE OTHER. IN THE PAST THIS IS A TYPE OF OFFENSE THAT I THINK IS. WARRANTED LESS OF A- ONE YEAR. PUNISHMENT BUT LIKE I SAID THAT I’M ONLY ONE VOTE SO MAYBE IF IT DEPENDS ON EVERYBODY ELSE AGREES BUT THAT. I JUST CAN’T SPEAK TO WHY SOMEONE WOULD CHOOSE TO AND I KNOW WHAT A- LEGALLY THEY MIGHT WANT TO CHANGE THE OWNERSHIP BUT. I STILL HAD TO GO. AT LEAST GET A LAWYER UNLESS THE ACCOUNTANT IS. NOW PRACTICING LAW AS WELL AS ACCOUNTANCY I’M I’M JUST HAVING A DIFFICULT TIME GETTING AROUND IT BUT THAT’S JUST ME I GUESS IF YOU I MEAN THAT WELL MAYBE I’M MORE BLACK AND WHITE I GUESS WELL I MEAN MAYBE I GUESS AT THAT THE QUESTION IS. YOU KNOW IF YOU OWN THE CAR AND THEN YOU DECIDED TO PUT IN YOUR BUSINESS’S NAME WOULD YOU WOULD YOU WOULD BE EXPECTED TO THINK TO CALL YOUR INSURANCE CHECK WITH THE STATE TO MAKE SURE YOUR LICENSE IS STILL VALID OR YOU SAY NOW THE BUSINESS ON THE CAR NOW I’M STILL DRIVING THE SAME. CAR I MEAN TO ME I DON’T. I DON’T I DON’T HAVE A. BUT WHEN IT NOW IF THEY SOLD IT TO ANOTHER LLC AND THEY’VE BEEN OPERATING AND- DIDN’T GET A PERMIT THEN THAT MAY BE A DIFFERENT STORY. THAT IT WAS DIFFERENT MEMBERS BUT- IS IT SOUNDS LIKE IT WAS AN ACCOUNTING. CHANGE BUT THAT’S I MEAN AGAIN YEAH. I HAVE TO LOOK AT IT DIFFERENTLY FIVE OTHER SEVEN OTHERS INSTEAD OF ONE. ANY OTHER COMMENTS OR THOUGHTS. LET’S JUST SAY WE’VE SEEN OF SEVERAL OF THESE CASES IT’S BEEN SEVERAL MONTHS SINCE WE GO. YOUR NOT MIKE THIS ISN’T THIS IS RECORDING US FOR. HE ALSO OUT THERE BUT THE SPROUT. OKAY I’LL TRY TO BE LOUDER WE’VE SEEN SEVERAL OF THESE CASES AT THE END OF LAST YEAR. YOU’LL REMEMBER IT SEEMS THAT IT’S NOT UNUSUAL THAT THIS HAS HAPPENED AND PEOPLE HAVE BEEN CONFUSED ABOUT THE LAW AND HOW IT AFFECTS THEM WHEN THEY CHANGED IN OUR CITY THIS IS NOT AN UNUSUAL CASE I DON’T RECALL THE OUTCOMES OF THE OTHER CASES. ANY OTHER COMMENTS. I THOUGHT THERE I THINK THE LAWN EFFECT OF THE TERM THEY. GOT THEIR PERMIT DID NOT TALK ABOUT THE CHANGE IN OWNERSHIP AND FOR THAT REASON IT MAKES SENSE TO ME THAT IT’S NOT AN EGREGIOUS VIOLATION. COMFORTABLE WITH WHAT YOU SAID EARLIER ABOUT IT WELL I’LL I’LL MOVE THAT DESIGNING MISTER DID OUT THERE. AND THAT THE APPLICANT IS ELIGIBLE TO APPLY FOR A PERMIT ON MONDAY. I HAVE A MOTION AND A SECOND ANY OTHER COMMENTS OR. ALL IN FAVOR SAY AYE RICHARD HAND. ANY OPPOSED.AT PASSES FOR FIVE TO ONE. THE EDUCATION. NEXT CASE TWO THOUSAND NINETEEN THREE SEVENTEEN. IF I COULD JUST BRIEFLY ASKED THE BOARD MEMBERS TO SPEAK UP WE KINDA WE’RE HAVING A HARD TIME HEARING YOU ALL BACK HERE SO I ASSUME THEY ARE AS WELL SO WHEN YOU ALSO LIBERATION’S IF YOU COULD SPEAK UP MORE THAN YOU USUALLY DO SINCE THESE MICROPHONES AREN’T. ABLE FATTER. ABLE FIND THE SOUND AROUND THE ROOM. SO THIS IS CASE TWO THOUSAND NINETEEN THREE SEVENTEEN INVOLVING PROPERTIES SIXTY TWO ELEVEN LAYER ME AVENUE. THE APPLICANT HERE FOR THIS CASE YES. THIS IS A REQUEST FOR VARIANCES FROM SAT BACK AND SIDEWALK REQUIREMENTS IN ORDER TO CONSTRUCT TO SINGLE FAMILY HOMES WITHOUT BUILDING SIDEWALKS ARE PAYING INTO THE SIDEWALK FUND. THE FOR YOU WITH ZONING MAP SHOWING THE ZONING OF THE PROPERTY IS OUR EIGHT. YOUR PHOTOGRAPHY SHOWING YOU THIS PARCEL IN THE SURROUNDING AREA. TO OPTIONAL SITE PLANS FOR THE SUBMITTED BY THE APPLICANT I LET HIM WEIGH IN ON THOSE AND YOU CAN ASK QUESTIONS AS YOU NEED TO AND THEN FAMILY CURRENT CONDITIONS OF THE PROPERTY AS EVIDENCED BY PHOTOGRAPHS RECENTLY TAKEN AT A SITE VISIT. ANYONE HERE IN OPPOSITION TO CASE THREE SEVENTEEN. SEEING NONE THE BELL HAVE FIVE MINUTES TO MAKE YOUR PRESENTATION PLEASE BE SURE TO IDENTIFY YOURSELF BY NAME AND ADDRESS. MY NAME IS PAUL DAVID SENT. SHE SAID EARLIER THIS IS SIXTY TWO ELEVEN LARAMIE AVENUE. ESSENTIALLY PRIOR TO CLOSING ON THE PROPERTY WE WERE. ADVISED TO DO A FEW THINGS IS OUR FIRST DEVELOPMENT SO. WE WERE ADVISED TO SPEAK WITH A CODE CODE EXAMINER WAS STONING EXAMINER WE WERE ALSO ADVISED TO GET A SURVEY SO WE DID THAT. WE GOT A SURVEY WE SPOKE WITH HIS OWN EXAMINER CLINT HARPER. AND WE WERE TOLD PRIOR TO CLOSING THAT ARE SET BACK ON THE LARAMIE STREET SIDE WAS TEN FEET FROM THE ROAD. CLEANED STATED THAT EACH P. R. IS WHAT ALLOWED FOR BOTH WELLINGS TO HAVE RECESS THE FRONT SET BACKSIDE. WHICH WOULD REMAIN AT THE- PROPOSE SET BACKS AND IT WOULD TREAT LEARN ME AS THE SIDE OF ONE OF THE UNITS. PROPERTY WAS CLOSED IN MAY WE CONTINUE TO MOVE FORWARD WITH COMMISSIONING AN ARCHITECT THE- YOU KNOW IF YOU SAW THE CURRENT STATE OF THE PROPERTY OUR PLAN WAS TO BUILD SOMETHING WITH INTEGRITY THAT WOULD. ONLY IMPROVE UPON THE NEIGHBORHOOD SO WE MOVE FORWARD WITH COMMISSIONING MICHAEL GORE OF IT SHE’S AN AWARD WINNING ARCHITECT HERE IN NASHVILLE THE. DONE EXCEPTIONAL WORK THROUGHOUT THE CITY AND HE’S ALSO SPOKEN TO. SOME OF WHAT THE- NEW TO US FORTY FOOT SETBACK FROM LARAMIE SIDE WITH DUE TO THE DEVELOPMENT. SORT OF BUILDING YEAH WE HAVE NOT STARTED BUILDING YEAH WE’VE SO WE STARTED OUR DUE DILIGENCE IN JANUARY WE CLOSED IN MAY. WE TRIED TO BE AS THOROUGH AS WE COULD AND WE’RE TOLD WE RELY ON THIS INFORMATION FROM THE SONY EXAMINER AND SO WE MOVE FORWARD LASTLY. HOW DID YOU FIND OUT THE TEN THIRTY SETBACK WAS NO LONGER ALLOWED YES SO AS WE MOVE FORWARD WITH MICHAEL HE’S A SMART GUY HE CAME OUT FOR A SITE VISIT HE SAID SOMETHING SEEMS A LITTLE YOU KNOW. COUNTER TO MY INTUITION GO DOUBLE CHECK WHAT YOU’VE BEEN TOLD THIS SETBACKS GO MAD WITH THE BUTLER THEN AT THAT POINT AND THERE’S ONLY EXAMINER AND I MEAN WITHIN MOMENTS SHE PULLED OUT THE RECORDED PLAQUE. SHE SAID OKAY I SEE HERE IN MY NOTES FORTY. FORTY FEET ON THAT SIDE. AT WHICH POINT MY HEART SUNK. AND SO SHE SAID CLEARLY YOU KNOW. CLINTON NICE GUY BUT HE DIDN’T DO ITS JOB RIGHT HERE. WHICH WAS DIFFICULTY HERE SO. THEN AT THAT POINT YOU KNOW I WAS ADVISED THAT I HAD THE OPPORTUNITY TO POTENTIALLY APPEAL THIS AND HERE WE ARE. I COULD SPEAK TO WHAT MICHAEL SAID ABOUT THE DEVELOPMENT IF THAT’S OKAY YEAH I’D LIKE TO ASK THE. OUR COACH FOLKS YEAH. HELLO HELLO YEAH IF YOU JUST SAYING THAT IT ULTIMATELY THIS IS FORTY ON THE SIDE. AND FORTY ON THE FRONT. AT THE HEAD OF THE CORNER LOT DETERMINED THE SET BACKS BECAUSE IT IT SEEMS LIKE ONE OF THOSE WOULD. BE CONSIDERED A SIDE. AND DO YOU HAVE ANY. THOUGHTS ON KIND OF WHY WE’RE HERE AND WHAT. IT’S JUST LIKE THE ADDRESSES LARAMIE SO IT MAY BE THATTHE REASON WOULD BE CONSIDERED THE SIDE BUT SO HE’S GOING TO ORGANISE HOMES TOWARD RES AND SO. NOT THE THAT HAVE WHERE ME AS THE SIDE I MEAN. SO THE LONGER. FRONTAGE IS CONSIDERED THE FRONT. OR THE I’M SORRY THE SHORTER IS CONSIDERED THE FRONT AND SO YOU GOT THE FRONT SETBACK IS REQUIRED AND YOU’VE GOT THIS SIDE STREETS AT BACK SO YOU’VE GOT THE SHORTER ONE THE FRONT IN THIS THIS ON A CORNER LOT BESIDE STREET. SETBACK AND THAT’S WHAT CLINTON SAID TO WHEN I MET WITH THEM. EXACTLY THAT. SO ON THIS ONE LEHRER ME WOULD BE CONSIDERED THE SIDE. IF IT’S BEEN LONGER OF THE TWO IT LOOKS LIKE IT’S LONGER IT’S HARD TO TELL ABOUT MEASURING IT BECAUSE YEAH THAT DRIVEWAY THAT MAY THROW IT ALL. FINISHED OF LARAMIE IS THE SIDE. WOULD IT BE A FORTY FOOT SET SET BACK. IN THIS. WELL SHE’S SAYING THAT ARE YOU ORIENT SEEING BOTH FRONT DOORS TO RICK REACHED RE SIDE YOU ARE. TO BE HONEST WE DIDN’T NECESSARILY HAVE A SPECIFIC PREFERENCE IT WAS JUST BASED ON WHAT. WE . SO MISTER DAVIS A WHILE WAITING WHAT IS YOUR WHAT IS YOUR PORTRAIT. YES SO I THINK SOME OF MICHAEL’S COMMENTS THE ARCHITECT WOULD SPEAK TO THAT. ONE THAT YOU KNOW THE THIRTY FEET. INTO SOMETHING IN THE RECORD SURE WHAT HAPPENED SOMETHING IN THE DID YOU PUT A STATEMENT AND I DID I SUBMITTED A LETTER. THAT WAS. I SEE I SEE YOUR LETTER YEAH DID DID YOU SUBMIT ONE FROM HIM I DON’T I DON’T HAVE TO USE YOUR TALKING ABOUT HIS COMMENTS THAT ARE IN YOUR WATER OKAY I’M SORRY GO AHEAD AND HE ALSO JUST ADDED IN AN EMAIL I COULD PRESENT THAT TO YOU IF YOU’D LIKE YOU JUST TELL ME THAT I’M SURE. SO HE SAID. THIRTY FEET IN DIFFERENCE WOULD ENABLE THE PROPOSED DEVELOPMENT TO BE MORE IT SCALE WITH THE EXISTING HOUSES AROUND IT NOT BEING DISPROPORTIONATELY TALL AND NARROW. WHICH THERE ARE APPROXIMATELY. I WOULD SAY FIFTEEN NEW CONSTRUCTION. HOMES THAT. A LOT OF PEOPLE REFER TO AS TALL SKINNY IS. AND SO. WE’RE TRYING TO AVOID THAT IN NINETEEN SOMETHING CONSISTENT WITH THE NEIGHBORHOOD. I’M NOT SURE UNDERSTAND OR STAND THERE THERE THERE ARE OTHER. HOMES THAT ALSO ARE WITHIN THE SET BACK OR THAT WHAT YOU’RE PROPOSING TO CONSTRUCT IS CONSISTENT WITH WHAT WHAT’S BEING CONSTRUCTED THE NEIGHBORHOOD INSURANCE IT’S CONSISTENT WITH THE SCALE OF WHAT’S EXISTING IN THE NEIGHBORHOOD. SO IT WOULDN’T BE AS NARROW AND TALL WHERE IS IF WE WERE PUSHED INTO THAT BACK CORNER IT WOULD HAVE. TO BE VERY TALL IN THERE FOR TWO HOURS. BECAUSE YOU’RE AFFECTED REALLY TAKING FIFTEEN FEET AWAY FROM EACH BUILDING OKAY UNDERSTOOD SO IT WAS THAT COUPLED WITH YOU KNOW WE’RE NOT PROPOSING TO CHANGE ANYTHING WITH THE FRONT SAT BACK ANYTHING. YOU KNOW OUTSIDE OF WHAT WE WERE TOLD THIS WAS JUST WHAT POINT TOLD US THE SIDE SETBACK WAS ANOTHER BIG. IMPACT ARCHITECTURALLY IS THE TOPOGRAPHY OF THE EXISTING SITE IS SUCH THAT WITHOUT THE INCREASED BUILDABLE AREA ANY NEW DEVELOPMENT WILL END UP FURTHER DOWN SLOPE THAN DESIRED IN TERMS OF DRAINAGE AND STORM WATER. RUN OFF WHICH WILL IMPACT THE SITE AND THE NEIGHBORING SITES BELOW OURS WITH THE THIRTY FEET YOU CAN BETTER CAPTURE AND CONTROL RUN OFF THE FORTY EXISTS. I HAVE A SKEWS ME BEFORE IT EXITS THE SITE AT THE BOTTOM OF THE SLOPE. WOULD YOU YOU’RE REQUESTING AT THE TENT BUT SIDE SET BACK ON MY ARMY CORRECT OKAY. AND THAT’S ONLY REQUEST IS TO SIDE STEP BACK FROM WHERE. I THINK THERE’S ALL IS THERE A SIDEWALK. SHE’S ME SORRY. IN HIS LETTER WAS OF THAT SOME OF THE ONLY VARIANCE REQUEST ON THE SIDEWALK YEAH. I DON’T SEE A RECOMMENDATION FROM. IS RIGHT THERE OKAY SO YOU’RE YOU’RE NOT OKAY WITH METRO PLANNING COMMISSION’S RECOMMENDATION ON THE SIDEWALL IT’S NOT THAT WE’RE NOT OKAY WITH IT. YOU KNOW FRANKLY WE’D BE WILLING TO MOVE FORWARD WITH THAT RECOMMENDATION. SO YOU YOU WOULD BE OKAY WITH METRO PLAYS RECOMMENDATION ON THE SIDEWALK WISHES TO CONTRIBUTE IN THE IN IN LIEU OF CONSTRUCTION FOR RE SEVENTY PROPERTY FRONT ENGINE ANDTHE DEDICATE THE- RIGHT OF WAY ALONG RE SEVEN A YEAR OKAY WITH THAT. IT WOULDN’T BE PREFERABLE WHICH YOU CAN LIVE WITH IT. BUT YOU KNOW. THAT WE HAD TO. IN ADDITION TO THE TEN FOOT REQUESTED. AND SO YOU KNOW EFFECTIVELY WERE SET BACK TWENTY FEET TWENTY VISUAL FEES FOR ANY BUILDING STRUCTURE. THE PROPOSED THE SIDEWALKS WITH INNER FEAR WITH THAT PRE EXISTING DRAINAGE AND CULVERTS ON THE POLE PARCEL. SO THEREFORE THE SIDEWALKS WOULD NEED TO BE PUSHED EVEN FURTHER ONTO OUR BUILDING ENVELOPE. AND THAT WOULD JUST UNFAIRLY INFRINGE UPON LIVING SPACE. THERE ARE ALSO AREN’T CURRENTLY ANY EXISTING. SIDEWALKS ON EITHER RESTORE LARAMIE. THEY’RE THE APPROXIMATELY TWENTY HOMES THAT HAVE BEEN BUILT. WITHIN THE LAST FIVE YEARS OR SO THEY WERE BUILT PRIOR TO THE SIDEWALK FUN GOING INTO EXISTENCE SO THERE IS NO CONTRIBUTION OR- BILL WE HAVE DO YOU HAVE A ANY INFORMATION OR JUST SAD STREET SET BACK ACCORDING TO SEVENTEEN TWELVE OH THREO. IT DEPENDS ON IF THE REPS ARE AT THREE OO EIGHT THE TABLE IN THE ZONING CODE IT DEPENDS ON WHETHER THE STREET IS A. MINOR LOCAL OR LOCAL STREET OR A. ALL OTHER STREETS AND THAT’S DETERMINED THAT’S DESIGNATED IN THE MAJOR COLLECTOR STREET PLAN WHICH I DON’T HAVE A FOR ME TODAY. DESIGNING EXAMINER WHO TOOK THIS APPLICATION PRESUMABLY WOULD HAVE LOOKED AT THE STREET MADE THAT DETERMINATION SO BASED ON THE APPLICATION THAT WAS FILED IT APPEARS THAT THE ZONING EXAMINER LOOK AT THE MAJOR COLLECTOR STREET PLAYING DETERMINED THAT IT WAS NOT A MINOR LOCAL OR LOCAL STREET AND THEREFORE THE SIDE STREETS SET BACK IS FORTY FEET. AND THE FIRST EXAM MIGHT HAVE. THOUGHT IT MIGHT NOT THAT MIGHT HAVE BEEN WHAT THE FIRST EXAMINER MISSED IF IT WAS IF IT WERE A LOCAL STREET WOULD IT BE A TEN FOOT SO. IF IT WERE LOCAL STREET IT WOULD BE A TWENTY FOOT SET BACK. TWENTY FOOT OKAY. SO WE’RE NOT WE’RE NOT SURE WHY THE TEN EVER. WAS TOLD BUT THAT’S I MEAN THE PEOPLE WHO WERE. YOU TESTIFIED ABOUT ARE HERE TO KNOW THAT. LIST OF THE DEAL SO. HOW MUCH A PARTY AS WELL AS OUR BODIES ARE GREAT AT THE RECOMMENDATIONS ON SEVEN HERE THAT I’VE HEARD HE DIDN’T REALLY WANT TO BUT. IN MINE. WELL I DON’T THINK HE WAS LISTENING TO IT. THE SCREEN CALLING. BUT WELL LET’S LET’S LET’S LET’S TACKLE THE VARIANCE AND RETAIL SHUTTLED FIRST IF YOU WANT TO TALK TO THE SIDEWALK. I THINK MAYBE A LITTLE BIT OKAY THEN I’LL MOVE THAT WE APPROVE THE VARIANCE FOR THE SIDEWALK AS LONG AS THE CONDITIONS FOR THE PLANNING DEPARTMENT. HAS RECOMMENDED OR MATT WHICH ARE. THAT HE PATIENTLY FEET ON RESERVE ANY AND DEDICATES RIGHT ALIKE RIGHT AWAY LONG THREE SEVENTY THOSE ARE THE- SIDEWALK RECOMMENDATIONS I’LL SECOND THAT EMOTION HAVE A SECOND ANY DISCUSSION ALL IN FAVOR SAY AYE. SIDEWALK VARIOUS PASSES BASED ON THE PLANNING RECOMMENDATIONS. ENOUGH FOR THE VARIANCE. DID YOU HAVE ANYTHING ELSE THAT YOU WANT TO JUST. SAY THAT. DIDN’T OFFICIALLY CLOSE THE PUBLIC HEARING. YEAH I MEAN I WOULD JUST SAY YOU KNOW WE’RE- WE’RE TRYING TO BUILD A PRODUCT WITH INTEGRITY. YOU KNOW WE DON’T WANT TO BUILD SOMETHING GNATS COOKIE CUTTER. NEVER HIRED MICHAEL GUREVICH YOU KNOW HE’S IT IT’S NOT THAT WE WANT TO SPEND FIVE TIMES THE AMOUNT OF MONEY JUST. FOR THE SAKE OF IT IT’S NOT RECKLESS HE’S GOING TO ADD AN ADDITIONAL LEVEL OF. PROFESSION AND DESIGN CARE THROUGHOUT THE ENTIRE PROJECT BECAUSE OF THAT THE THEY GET THE ONLY QUESTION I HAVE I DON’T. THE REMAINING QUESTIN I HAVE IS YEAH I KNOW YOU’RE ASKING FOR A CHANCE AT VARIANCE. AND THIRTY THREE. THIRTY WOULD YOU WERE ASKING FOR TEN FOOT SETBACK A THIRTY FOOT VARIANCE. YOU KNOW IT IS A TWENTY FOOT A TWENTY FOOT VARIANCE IS THAT SOMETHING THAT YOU CAN. WITH THAT BECAUSE. ANY KIND OF A CONCEN OR UNDUE BURDEN. I KNOW YOU WANT TEN BUT THAT IT IT SOUNDS TO ME LIKE. THIS IS AN UNUSUAL CASE WE’VE HAD A CORNER WATCH LIKE THIS BEFORE WHERE YOU HAVE TO DETERMINE THE SIDE SETBACK AND WE’VE HAD STREETS THAT. WE WERE TECHNICALLY AND THE- PLANNING IS A MAJOR STREET BUT DOESN’T REALLY BEHAVE THAT WAY. AND I DON’T KNOW THAT THIS ONE DOES OR NOT THAT THIS UP FOR EVERYBODY TO DECIDE BUT. HOW WOULD A TWENTY FOOT SETBACK AFFECT YOU INSTEAD OF. THE TEN IT’S BETTER THAN FORTY ALL RIGHT. YEAH THAT’S WHAT I WANTED IN A ALL RIGHT ANY OTHER QUESTIONS OR COMMENTS. ALL RIGHT WE WILL CLOSE THE PUBLIC HEARING AND HAVE A DISCUSSION. DATE WE HAVE WE’VE HAD CASES LIKE THIS BEFORE WE HAVE A CORNER AND TO ME. THERE THERE CAN BE A CASE FOR A HARDSHIP IF IT’S BELIEVE THAT DEFINING IT AS A MAJOR STREET. REQUIRING A LEVER SET BACK IS A- REALLY APPLE HAULED AWAY THE STREET BEHAVES AND WE’VE HAD THAT MANY TIMES ON. L. TENTH AVENUE SOUTH TWELVE SOUTH WE’VE HAD SOME CASES. OR SHOULD GET IT BY THE LOS BECOME A BILLABLE I DON’T THINK THIS IS AN UNBELIEVABLE LINE IT MAY BE CLOSER TO THAT TOO HOMES AND THEN WITH ONE. BUT I THINK BECAUSE OF THE CORNER LOT OF WOULD BE ONE AT LEAST THINK ABOUT A TWENTY FOOT SET BACK. TWENTY FOUR TWENTY FIVE JUST. YOU’RE TAKING IN THERE SOMETIME AND SOME DON’T WELL IT THE POINT THAT THE TO ME THE MAIN POINTS NOT UP TO ME THE MAIN POINT IS IF YOU’RE ON A CORNER LOT ONE SIDE SHOULD BE LEGITIMATELY CONSIDERED AS A SIDE SET BACK AND WHAT IS. THE REASONABLE SIDE SET BACK AND IT’S NOT YEAH AND IF IT WERE A MAJOR STREET IT’S FORTY AND JUST A RESIDENTIAL STREET TO SUCH A BANK IS. TWENTY AND TO ME THAT. THE COMBINATION OF. GETTING TWO DIFFERENT ANSWERS FROM. FROM COACH FOLKS. AND YET HAVING A LEGITIMATE SUNSET BACK INTO IT WE’RE BASICALLY SAYING THIS IS THE STREET MAY BEHAVE AS A. A REGULAR STREET NOT A MAJOR STREET. AND SO HE’S GOT A TWENTY FACADE SET BACK AT. I AGREE AND I ALSO THINK BECAUSE HE’S GOT THE TEN FEET OF NON BUILDABLE AREA IT DOES BOTHER ME THAT WE HAVE WHAT LOOKS LIKE A NEIGHBORHOOD OF SINGLE FAMILY HOMES. AND THEY’RE ALL SET BACK ALL ALONE LEHRER ME FURTHER AT THE SAME TIME THAT IS A LARGER LOT AND I THINK IT SEEMS IT UP. ON THE OVERHEAD IT LOOKS LIKE THERE IS SUFFICIENT ROOM FOR TWO HOUSES. INSIDE IT DOESN’T SEEM EQUITABLE. THAT THEY WOULD BE FORTY FOOT SETBACK ON BOSE RESEND LAYER ME TO ME SO TO ME I HAVE SOME ROOM TO MOVE ON THAT SIDE SET BACK WHAT WE’RE CALLING THE SIDE THERE PHOTOS TAKEN OF EXISTING HOME FROM LARAMIE. GET IT OUT OF A MILLION PART OF THE INDIGENOUS. LOOKING FOR THE NEXT ONE THE NEXT ONE. YEAH SLIPS ON THE BOTTOM LINE IS EXISTING IS THAT WHAT THAT IS THAT WHAT THAT IS YEAH. SO. SO THAT I UNDERSTAND BECAUSE I WOULD SAY YOUR SHIPBOARD WHEN HE SPOKE AND I APPRECIATE YOUR TRYING TO BUILD SOMETHING WHICH IS VERY NICE YOU’RE YOU’RE YOU’RE SAYING THERE’S A HARDSHIP BECAUSE LARAMIE WERE REQUIRES A FORTY FOOT SETBACK BECAUSE IT’S CONSIDERED A. MAJOR I THINK IT MAY WELL IF WE DON’T HAVE WE DON’T HAVE. THAT WAS THAT WAS THE ASSUMPTION THAT THAT EMILY SAID SHE SAID SHE DOESN’T DOESN’T HAVE ACCESS. ACTUAL BUT THAT WOULD THAT WOULD BE WHAT WOULD BE CONSIDERED FORTY YEARS IF IT IF IT WERE. RESIDENTIAL STREET IT WOULD BE TWENTY IF IT WAS CONSIDERED A MAJOR STREET BUT THEN. I’M JUST SAYING IT. STREETS THAT. PEOPLE CAME AND ARGUED. HEY THIS IS A MAJOR COLLECTOR STREET BUT ITS RULING. NOT BEHAVE IN THAT WAY. SO WHAT YOU’RE SAYING IS THE HARDSHIP WITH THE. TENNIS APPLE GET IS THAT LEHRER ME EVEN THOUGH IT’S CLASSIFIED AS A MAJOR STREET. IS NOT REALLY A MAJOR STREET OR MAY NOT REALLY HOW I WOULD SAY THAT IT IS THIS BEHAVING AS IF IT WAS IF IT WAS A STREET WORTHY OF A TWENTY FOOT SET BACK. AND THAT THERE IS A AN ADDITIONAL FACTOR IN THAT. THERE WAS A NEAR THERE WAS CONFUSION WITH THE EXAMINERS IT CODES AND YOU HAD TWO DIFFERENT ANSWERS SO EVEN YOU MAY HAVE HAD ONE THAT. PRE SALE. PART OF IT IS IN ONE WAY AND THEN. WHEN THEY WENT BACK TO DOUBLE CHECK. WELL THEY GOT A DIFFERENT ANSWER ORIGINALLY TOLD BAR CODES I THINK RECORD A LETTER THAT THE SETBACK WAS TEN FEET. IS THAT RIGHT RIGHT SO THAT WOULD BE THAT WOULD CORRESPOND WITH THEM MAKES UP TWENTY THIRTY OR FORTY THREE. NO I HEAR WHAT YOU’RE SAYING I GUESS WHAT WE’RE I’M STRUGGLING WITH IS. THAT I DON’T. THERE HAD BEEN ANY ANY EVIDENCE PRESENTED THAT LAYER ME IS NOT A MAJOR STORY. I MEAN IT COULD BE IT COULD IT MIGHT NOT BE BUT I WAS I HEAR THAT THE COACH FOR MINUTES LATER DETERMINATION THERE’S A FORTY FOOT SETBACKRE- AND THEN YOU KNOW I HEAR THAT IT MAY NOT BE. BUT I DON’T I DON’T HEAR. THERE’S BEEN NO PROOF OF THAT. BUT THAT IS JUST A POSSIBILITY. SO IN A AND I’M WILLING I MEAN I I’M OPEN TO HEARING THAT PROOF IF BABY DEFERRAL SO WE CAN HEAR MORE ABOUT THAT WOULD BE THE APPROPRIATE. I THINK YOU’RE I THINK WHAT YOU’RE SAYING IS. IT MAKES SENSE TO ME BUT- I’VE ALSO BEEN ASKED TO JUST ASSUME THAT THAT MAY BE THE CASE THEREFORE LET’S LET’S FIND HARJO SO. THIS. IS IT AND THAT THAT’S THAT’S THAT’S A GOOD POINT SORT OF IN THE SAME BOAT BY THE WAY. WELL IT NOT FINDING THAT HARDSHIP THAT SORT OF BEEN CREATED BY THE ELDER. AND IT VERY WELL COULD BE LEHRER ME IS A CAN WE GO BACK TO THE. THINK OF. WHAT EVERYBODY IT’S A DEAD END RIGHT THERE NOT THE. THAT AND I THINK. WHEREAS. ED MEESE ISN’T YEAH IT’S BEEN YOU KNOW YOU’VE GOT A DEAD END THERE’S PROBABLY. ISN’T BEING CLASSIFIED CORRECT THAT ARE WE SUPPOSED TO ASSUME THAT. WELL I HAD THAT I THINK THAT GIVEN THE CONCERNS THAT HAVE BEEN RAISED THAT IT MADE IT IN THERE ARE THERE ARE THOSE CONCERNS SHARED BY THE- EVERYBODY ELSE. IS. I THINK IT’S ALL BASED ON WHAT I’VE SEEN. I THINK IT’S VALID FOR THE APPLICANT TO COME BACK TO. YEAH WELL YEAH SORT OF BEFORE YEAH I JUST YOU BASICALLY JUST WANTED TO SEE IF THERE WERE THREE OF US THAT WANT TO READ THAT HERE AT. DESTRUCTION I THINK THERE ARE. AND SO I THINK IT MAKES IT DOES MAKE SENSE BECAUSE IF THERE ARE THREE OF US IT WOULD LIKE TO HEAR MORE YOU’RE NOT GONNA GET FOUR VOTES TODAY. SO THAT WE DEFER THIS ONE MEETING. AND I THINK. DURING THAT TWO WEEKS. IT WOULD BE WORTH TALKING ABOUT. WHAT THE CODES FOLKS AGAIN ABOUT. YEAH REALLY WHAT WHAT IS THE RIGHT ORIENTATION. AND YOU KNOW IF THEY ORIENTED TO LARAMIE DEEP THIS IS RESURFACED YOU KNOW. IS THAT SIDE SETBACK DIFFERENT AND THEN ALSO HELP US UNDERSTAND MAYBE THROUGH TALKING WITH COACH TO. HOW THE STREET MAY BEHAVE DIFFERENTLY IN A WAY TO LOWER THAT SET BACK FOR YOU I THANK YOU YOU MAY HEAR AT LEAST. I DESIRE TO EXPLORE THAT OPTION FOR YOU. AND I THINK WHAT WOULD BE INFLUENTIAL CODES WORK TO YOU. GIVE US INFORMATION THAT THEY DID NOT CONSIDER IT TO BE. A MAJOR STORY OR THAT THAT THE SETBACK WHEN DID. THE TERROR. THAT WE WOULDN’T IMPACT. THE NATURE OF THE STREET THAT. WELL. I SUPPOSE THAT MIGHT HELP US LIKE THAT. I THINK THAT THEY THEY OBVIOUSLY HAVE STANDARDS BY WHICH THEY DETERMINE WHETHER IT’S A MAJOR FOR YOUR DOG AND IF IT’S IF IT’S CLASSIFIED AS A MAJOR STREET BUT IT’S REALLY NOT BEING THOSE STANDARDS. I’D LIKE TO KNOW WHY NO MORE ABOUT IT. OKAY ALL RIGHT BUT WE WILL YOU’VE HEARD THE COMMENTS. AND WE WILL I WILL MOVE TO DEFER THIS TWO WEEKS TO THE NEXT MEETING TOGETHER INITIAL INFORMATION. A MOTION AND A SECOND. ANY OTHER DISCUSSION ALL IN FAVOR SAY AYE. OPPOSED RIGHT THANK YOU WAS IN TWO WEEKS THANK YOU. LET ME MOVE ON TO OUR NEXT CASE I HAVE ANOTHER ANNOUNCEMENT FOR DEFERRAL CASE TWO THOUSAND NINETEEN THREE EIGHTY ONE. INVOLVING PROPERTY AT TWO SIXTY FIVE OLD HICKORY BOULEVARD EAST. THE AFRICAN AS REQUESTED A DEFERRAL IN ORDER TO CONTINUE WORK WITH PLANNING ON THE SIDEWALK ISSUES. THIS IS A BATTLE MAGE REQUEST. WE DON’T EVEN ACTUALLY OKAY. NEXT CASE TWO THOUSAND NINETEEN THREE THIRTY TWO INVOLVING PROPERTY AT ZERO HERMAN STREET AND FIFTEEN OH ONE HERMAN STREET REQUESTING A SPECIAL EXCEPTION BACK REQUIREMENTS IN ORDER TOED- CONSTRUCT A MIXED USE DEVELOPMENT MIXED USE BUILDING. APPLICANT IS HERE IS THERE ANYONE HERE IN OPPOSITION TO CASE. TWO THREE THIRTY TWO. SO BEFORE YOU NOW IS OWNING THE SHOW ON THE GUNNING THIS PROPERTIES IN U. L. A. EVER TALK OF YOU SHOWING YOU THIS PARCELLS WELL THE SURROUNDING AREA. SITE PLAN SUBMITTED BY THE APPLICANT. AND FINALLY THE PHOTOGRAPH SHOWING YOU THE CURRENT CONDITIONS OF THE PROPERTY. MR PEERS SO YOU’LL HAVE FIVE MINUTES TO MAKE A PRESENTATION PLEASE BE SURE TO STATE YOUR NAME AND ADDRESS. THE ACCOUNTS DESIGN GROUP FIFTY SIXTEEN. SITTING AT ONE OF OUR SUITE TWO HUNDRED NATIONAL THREE SEVEN TWO. IS HE MAY JUST LOOK IT OVER MISTREATED ONES ALWAYS THREE FROM FOURTEEN TO SIXTEEN SO IT HAS A LOT OF STREET FRONTAGE. IT BASED ON THE STREET FRONTAGE ON HERMAN. THE COAST FARMERS SAID THAT THE REAR SETBACK WOULD BE THE SOUTH BOUNDARY THAT BACKS UP TO THE RAILROADS A FORTY FOOT CBRE RAILROADED GOES A COUPLE INDUSTRIES JUST INSIDE THE INTERSTATE LOOP. THAT SET BACK FROM THE U. LA ZONING WOULD BE A TWENTY FOOT DEEP SET BACK IF WE DIDN’T HAVE. FRONTAGE ON HERMAN AND ONLY HAVE FRONTAGE ON EITHER FOURTEEN OR SIXTEEN OR BOTH IT WOULD BE A SIDE ST BACK WHICH WOULD BE ZERO AND. SO WE’RE ASKING IF YOU WOULD CONSIDER REDUCING THAT. WE ARE SET BACK FROM A TWENTY FOOT WIDE WITH TWO A FIVE FOOT WITH. IN ADDITION THE M. YOU L. ZONING REQUIRES A STEP BACK ON THE FOURTH FLOOR FROM THE FACE OF THE THIRD FLOOR SO YOU CAN COME UP. WITH THE THIRD FLOOR UP STRAIGHT AT THE PROPERTY LINE OR WITHIN FIFTEEN THE PROPERTY LINE. AND THEN THE FOURTH FOR MY STEP BACK FIFTEEN THE AND WE’RE ASKING. TO BE ALLOWED TO BRING THAT FOR FOUR OUT TO THE FACE OF THE THIRD FLOOR. AND LOSES A LOT OF INEFFICIENCIES IN THERE TRYING TO ONE UP THEIR TOWERS AND- AND EVERYTHING ELSE CHASES AND ALL KINDS OF STUFF WITH THAT. WTH THE DEVELOPMENT TRY STEP THAT BACK IN WITH THE AMOUNT OF FRONTAGE TO DECIDE HAS WITH THE RECENT FRONTAGES AND A VERY LONG FRONTAGE ON. HERMAN STREET IT’S HIGHLY IMPACTS THE SITE. MAYBE MORE THAN SOME OTHERS. WITH THE DEVELOPMENT THAT YOU KNOW THE DOS CONSIDERATION APPROVAL OF THAT. DEVELOPER WOULD. BE WILLING TO PUT AN ADDITIONAL FORTY MORE UNITS THEY’RE GOING TO PURSUE THE PROVISIONS IN THE ORDINANCE. THAT ALLOWS THE RESIDENTIAL PORTION OF THE BUILDING NOT TO BE COUNTED AGAINST THE F. A. R. IF YOU INCLUDE A PERCENTAGE OF AFFORDABLE HOUSING AND SO THEY’RE GOING TO DO THAT PROVIDES. AFFORDABLE HOUSING TO MEET THAT REQUIREMENT. BUT IF THIS WAS GRANTED AND LOUD AND GAIN MORE EFFICIENCY THE BUILDING THEY WOULD PROVIDE TEN ADDITIONAL UNITS. ABOVE WHAT’S REQUIRED BY THE PERCENTAGE. WE HAD A NEIGHBORHOOD MEETING LAST NIGHT. AND ONE NEIGHBORHOOD DANCE AND HE WAS IN SUPPORT OF THE PROJECT. COUNCILMEMBER O’CONNELL ALSO CAME OUT OF THE MEETING. AND THAT AND ALL INDICATIONS THAT WE HAD FROM HIM WAS THAT HE WAS IN SUPPORT OF IT I DON’T KNOW IF THESE RESPONDED TO. THE STAFF. EVENT PLANNING ALSO SUBMITTED AN EMAIL. TO ME TODAY SAYING THEY WERE SUPPORT BUT THE FRUITFUL. BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE REGARDING THE PROJECT WILL. MAJOR CONSIDERATION. ANY QUESTIONS RIGHT NOW. AN APPLICATION IT STATES THE- THEY’RE SIXTY FOOT IS THE MAXIMUM HEIGHT ALLOWED. IS THAT RIGHT YEAH I THINK SO WITH THE PEOPLE ON THE FOURTH FLOOR AND WE HVE A DRYING WITH BUILDING SECTIONS CAN YOU ADDRESS THOSE THERE’S A YEAH NUMBER ONE BUILDING SECTION SAYS WITH STEP BACK PLANE AND IT LOOKS LIKE FIVE STORIES ARE. SHOWN IN THAT FIRST ONE THEY HAD LOOKED AT AND ARCHITECTS HERE BUT. SO TELL ME IF I JUST PICKED THE WRONG. VERSION ON THE LEFT IS KIND OF WHAT. COULD BE BUILT UNDER THE ORDINANCE WITH THE STEP BACK. THE JUST WHAT’S THE FIFTH FLOOR WAS A MEZZANINE LEVEL WHICH WAS AND WHERE STANDING WASN’T WOULDN’T COUNT AGAINST THE FLOOR IF JUST HAVE CEILING IN THE UPPER FOR AND SO THAT WOULD STILL MAKE THAT BUT IF WE CAN SHIFT IT OUT THEY WOULD BE INTERESTED IN BUILDING WHAT’S ON THE RIGHT HAND SIDE. WHICH WOULD JUST BE THE FOUR FLOORS AND SO AND OUR POINT WAS IT’S. IT’S THE MASSING OF THE BUILDING. IS ON. NO MORE. GREATER UNDER THE FOURTH WARD CONDITION THEY WERE ASKING FOR THAN IT IS. WHAT WE COULD BUILD SO LOOKS LIKE A BUT I’M ZOOMING IN AND SEEING IS ITS PROPOSED TO BE ABOUT FORTY FIVE FEET. TALL WITH A LITTLE. YEAH THE CARD OKAY SO MUCH LESS THAN THE SIXTY FIFTH CORRECT ONE OF THE ONE ON THE LEFT. WOULD BE AS A RESULT FOR. DIFFERENT LOOKING BUILDING. YEAH I THINK WHAT THEY’RE THIS IS WHAT EITHER BUT THIS IS WHAT THEY WANTED RIGHT YEAH THIS IS WHAT THEY COULD THAT’S RIGHT THE LEFT WOULD BE WHAT’S ALLOWED. RIGHT. AND THEN CAN YOU GO BACK AGAIN TO THE ZERO SO LET’S SET BACK ON NEIGHBORING PROPERTIES SO IF. THE HERMAN STREET FRONTAGE IS WHAT SETS THE RAILROAD ON THE SOUTH IS OUR REAR SET BACK. UNDER THE M. YOU L. A. TOPICS YEAH NORTH SIDE OF THE PLANETS ARE. THE SOUTH SIDE OF THE PLANET IS THE RAILROAD OKAY AND SO IF WE DIDN’T HAVE THE FRONTAGE ENOUGH WE JUST HAD A THREE LOT THEY WENT ALL THE WAY THROUGH FROM. FOURTEEN TO SIXTEEN AND THEN HAVE FRONTAGE ON. HARMON WE WOULD HAVE TO FRONTS AND TWO SIDES NO REAR. AND THAT SIDE SETBACK WOULD BEGIN ZERO. WE’D BE ABLE TO BUILD RIGHT UP TO THE RIGHT AWAY AT THE RAILROAD. YOU KNOW IN OUR POINT IS YOU KNOW. WE WOULD GIVE FIVE FEET. THERE WE HAVE A FORTY FOOT WIDE. RAILROAD RIGHT AWAY. AND SEVEN NOTHING ELSE CAN BE BUILT UP CLOSE TO US ANYWAY IT’S A SPORTS BAR LINED IT HAS. LIMITED TRAFFIC ON IN. THERE’S A SET OF ALL REAL ROAD. WAS AN ACTUAL ROAD WOULD BE A LOT EASIER IF IT. IF THERE IS AN ACTUAL ROAD IT WOULD REPLY TO THE ZERO TO FIFTEEN FOR. AS WELL SO WE YEAH WE HAVE A ZERO IF THE REFERENCE ZERO NINE. HOW MANY AFFORDABLE UNITS ARE REQUIRED BY THE CODE 25% FIVE PERCENT OF THE TOTAL MINUS TEN. SO IT’S AROUND. BETTING ON HOW MANY KIDS AROUND SEVENTY TOTAL FORMAL IF WE GOT THAT BOTH PARENTS. WE BELIEVE THAT WE COULD POTENTIALLY GET AROUND TWENTY ADDITIONAL UNITS WHICH INSTEAD OF THE 25% WE WOULD WE WOULD ADD 50% FOR FOOD AT OF THE TWENTY AT A FOOD AT TEN SO WE WOULD. YOU KNOW SAY SURE YES SO YOU’RE ADDING TEN MORE. FIVE TEN FIVE SO YOU’RE SO YOU’RE GONNA HAVE A 25% OF THE TOTAL. THE TWENTY OR 25% OF THE TOTAL UNITS WILL BE AFFORDABLE HOUSING OUT THE MINUS TEN. YEAH BASICALLY YEAH. WHAT IF THAT WERE CONDITIONED THE THAT’S YOUR AGREEABLE TO THAT. SO THE CODE STATES FOR THAT WE ARE RUNNING A- 25% AFFORDABLE. TIMES THE TOTAL UNITS. MINUS TEN. AND WE’RE SAYING THAT. IF LET’S SAY WE HAVE TWO HUNDRED AND NINETY UNITS IF WE GOT THE PARENTS GROUP WE CAN ADD TWENTY FOUR UNITS. OF THE ADDITIONAL TWENTY WE WOULD GIVE AN ADDITIONAL TEN. RIGHT SO INSTEAD OF FIVE ADDITIONAL WHICH IS WHAT THE CODE REQUIRES WE WOULD GIVE ANOTHER FIVE ESSENTIALLY AS GOOD WELL. YOU KNOW AT FIVE FORTY. AND I’LL GO. IF JUST I JUST WANT TO JUMP IN REAL QUICKLY. I DON’T THINK THIS PERSON STATED PLEASE REPLY. THE STATE IS NAME ADDRESS AND THE SECOND THING YEAH SO ALTHOUGH THAT IS A PART OF THE CODE THE AFFORDABLE HOUSING. THERE WAS STATE LEGISLATION. CHAPTERS OR TITLE SEVENTEEN. OR TITLE SEVEN CHAPTER THIRTEEN. THAT PROHIBITS THEM AS A POUNDING FROM THE SOURCING EIGHTY CO REGULATION OR WALL THAT CONDITIONS OF VARIANTS OF LAND USE RESTRICTION OR ANY OTHER CHANGE FOR ZONING. ON THE CONDITION THAT THEY SALE OR RANT. BELOW MARKET HOUSING AND SO. ALTHOUGH THIS APPLICANT HAS VOLUNTARILY SUBJECT THEMSELVES TO THAT. IN CONSIDERING THE VARIOUS TODAY THE BOARD CAN IN NO WAY CONDITION ITS APPROVAL. ON THE YEAR AGREEMENT OR PROMISE TO PROVIDE LOW MARKET RATE RANT WAR HOUSES FOR SALE BUT THAT IS THE CONDITION THAT I MEAN BUT THAT’S HOW I MEAN I THAT PRECIADO BUT THE PLANNING DEPARTMENT. THIS RECOMMENDATION WAS. BASED ON THAT VOLUNTARY APPROVAL. I MEAN IT IS SPECIFICALLY SAYS THAT SAYS IF THEY WEREN’T GOING TO VOLUNTARILY DO THIS WE WOULDN’T RECOMMEND APPROVAL WELL AND BONZO I DON’T THINK IT CHANGES THE SO I GUESS SO BASICALLY IN AGAIN MR PULL CAN CORRECT ME IF I’M WRONG OR FEEL FREE TO STEP IN THE PLANNING HAS MADE THAT RECOMMENDATION. THE LIGHTING IS NOT THE ONE THAT’S GOOD IT’S VERY ON THE VARIANCE AND THIS BOARD IT IS LEGALLY PROHIBITED BY STATE LAW TO GRANT THE. VARIANCE BASED ON THAT CONDITION NOW YOU CAN GRANT THE VARIANCE. OUTSIDE OF PLEADINGS RECOMMENDATION OR YOU KNOW YOU IF PLANNING HAD RECOMMENDED FOR EXAMPLE DISAPPROVAL. THE BOARD STILL HAS THE AUTHORITY TO GRANT THE VARIANCE. SO THE FACT THAT PLANNING. THE CONDITION THEIR RECOMMENDATION OF APPROVAL ON THAT AFFORDABLE HOUSING. IT’S NOT THAT CAME WITH THE CONDITION THAT CAN’T BE THE REASON THAT YOU GRANT THE VARIANCE PER STATE LAW. AGAIN THEY CAN STILL VOLUNTARILY PROVIDE THE AFFORDABLE HOUSING EVERYBODY’S ALL FOR AFFORDABLE HOUSING THAT’S GREAT BUT THAT CAN’T BE THE CONDITION. OR REASON THAT YOUR GRANT THE VARIANCE. YEAH AND ALL THAT’S GREAT LIKE I SAID BUT IF IT WASN’T EVEN ON OUR RADAR SCREEN UNTIL IT BECAME PART OF THE RECOMMENDATION FROM PLANNING THAT. GIVES US RECOMMENDATIONS ON SPECIAL EXCEPTIONS AND SO THAT THAT’S I THINK THE ONLY REASON IT WAS EVEN SOMETHING I WOULD EVEN THINK ABOUT IT BECAUSE IT WAS VERY SPECIFIC SO I’M I’M GLAD TO HAVE THE CLARITY AND UNDERSTAND. I UNDERSTAND. WHERE IT IS BUT I’M NOT SURE. CLOUDY THAT BUT IT DID. I NOTICED THAT AND IT’S LISTED AS A SPECIAL EXCEPTION NOT A VARIANCE THAT’S BECAUSE WITHIN THE MUSEO ROUNDS OF THEIR SPECIFIC PROVISION IN THE CODE THAT SAYS PROPERTIES WITHIN THE EASY FOR SETBACKS HAVE TO IT ARE CONSIDERED A SPECIAL EXCEPTION AND PLANNING DOES WEIGH ON SPECIAL EXCEPTION SO IT’S THE FUNCTIONAL EQUIVALENT. BUT IN TERMS OF THE FACT YOU’RE DEVIATING FROM THE CODE BUT IT IS A SPECIAL EXCEPTION IT AS OPPOSED TO A HARDSHIP AT AS OPPOSED TO VARIANTS IN WHICH THEY WOULD NEED A HARDSHIP THEY DON’T NEED A HARDSHIP IN THIS BELIEVE THE CODE SECTION. AT ITS SITE THE CONDITIONS THAT YOU HAVE TO ME FOR THIS THAT WHAT THAT IS PEDESTRIAN FRIENDLINESS AND RIGHT OR. NOT OKAY LIE IN AIR THINGS LIKE THAT I’M SORRY. NOT IN IMPAIRING ON THE NEIGHBORING PROPERTIES AND THEIR RIGHT TO HAVE LIGHT IN A OR SOMETHING TO THAT EXTENT. THEY ALL KNOW. OKAY WELL. INTO THE BUILDINGS FORTY FIVE FOR YOU KNOW RIGHT AWAY THEY’RE ALL FIFTY ALSO SEE THAT BE AN ISSUE. AND ON THIS ISLAND NEITHER ONE OF US ARE ATTORNEYS AND THING FROM NOT BUT OUR PRESENTATION IS THAT WE WOULD PROVIDE AFFORDABLE HOUSING AND PROVIDE ADDITIONAL TEN UNITS. AND I’M ALEX TEMPLES HE BY THE WAY AND THE OWNER OF THE PROPERTY WITHOUT THE CAPITAL AND WERE IN. THREE EIGHTY BRIDGE OVER FORTY FOUR AVALIE ROAD BRIDGE. ONE FIVE A ONE SEVEN. AND THE ADDRESS THE FORD ABILITY OR- YOU KNOW IN THE IN THE ZONING CODE YOU KNOW THE FAA ARE. CALLS FOR A ONE POINT ON THE PROPERTY. AND SO YOU CAN TAKE A VOLUNTARY. BONUS N. F. A. R. FLOOR HIDE UNDER THE HEIGHT RESTRICTION IF YOU INCLUDE 25% AFFORDABLE UNITS SO WE’RE LOOKING AT AS ESSENTIALLY. WE CAN EITHER BUILD AT A ONE POINT ZERO ZERO F. A. R. OR WE CAN. HAVE AN UNLIMITED F. A. R. FOR RESIDENTIAL. UP TO THAT SO AND THAT’S IN THE. SOMETHING THAT WE WOULD CONSIDER NOT MANDATORY. SOMETHING THIS FALL FOR THE HYPE. YOU ARE BEING REQUIRED IN ORDER TO GET THAT FOR YOU RIGHT SURE YOU’D BE REQUIRED TO HAVE THE HOUSE. SO THAT WOULD BE. THE CHECK. YEAH CORRECT CORRECT IT’S JUST SENSE DOES IT START JUST WERE NOT ALLOWED TO AND IMPOSING ON YOURSELF BY ARE- CHOOSING A DIFFERENT STORY RATIOS WHICH ARE SEPARATE OKAY THAT AND THAT’S REALLY. THAT’S WHAT YOU WANT. THANK YOU. MANY OTHER QUESTIONS OR COMMENTS. CAN YOU CAN YOU CLARIFY AGAIN THE STANDARD APPLIES FOR SPECIAL EXCEPTION. THOSE CONDITIONS HAVE TO BE YOU’RE THE BOARD AND THAT’S WHAT THEY STARTED TO DETERMINE IF THEY MEET THESE CONDITIONS SO IT’S A CONDITION. SEVENTEEN TWELVE TWO OF THE CONDITIONS HERE ARE UNDER SEVENTEEN TWELVE OH THREE FIVE D. IT TALKS ABOUT FIVE THE- SET BACK REGULATIONS WITHIN THE MUSEO ARE RESIGNING OVERLAY WHICH THIS IS. AND IT SAYS THE APPLICANT SHALL PROVIDE EVIDENCE TO THE BOARD THAT THE PROPOSED BUILDING SET BACK SHOULD NOT CREATE AN ADVERSE IMPACT ON ADJACENT PROPERTIES. NOR DETRACT FROM A SOLID STRONG THIS FREE AND FRIENDLY ENVIRONMENT AND THEN IT ALSO REFERENCES. SEVENTEEN TWELVE OH SIX OO F. THREE. AND THAT TALKS ABOUT THAT THE PROPOSED BUILDING HEIGHT. WILL NOT CREATE AN ADVERSE IMPACT ON AIR LIGHT SHADOW OR WIND VELOCITY PATTERNS. DUE TO THE CONFIGURATION OF THE BUILDING RELATIVE TO THE MAXIMUM PERMITTED HIGH STANDARDS SO IT’S ALL ABOUT HI AND AT NOT HAVING THAT THIS ADDITIONAL HEIGHT WITHIN THIS. BILL TO THEM WOULD NOT HAVE AN ADVERSE IMPACT ON THE NEIGHBORING PROPERTIES. IS THAT YOUR STANDARD JUST RIGHT FOR THIS YOU KNOW WHATEVER ACTION PACKED ON NEIGHBORING PROPERTIES AS WELL FOR THIS PARTICULAR. REQUEST AND IF THEY DON’T MEET THE SPECIAL EXCEPTION. REQUIREMENTS IF THERE’S NO ADVERSE IMPACT WE CAN ESSENTIALLY APPROVED. WELL THAT’S THE REQUIREMENT AS THEY DID THERE’S NO ADVERSE IMPACT. RIGHT ANY OTHER QUESTIONS. DO YOU HAVE ANYTHING ELSE TO ADD YEAH. YEAH RIGHT AND I JUST WANT IT ON THE RECORD THERE IS NO CONSIDERATION OF FOURTEEN UNITS RIGHT AND CENTER OKAY WHAT. WILL CLOSE THE PUBLIC HEARING AND THEN YOU CAN MAKE YOUR. YOU FIGURE OUT HOW TO WORK THAT ONE BUT- WELL IF WE WITHIN THE STATE STATUTE. YEAH I MEAN YOU KNOW AND MAYBE MAYBE THE- A YARD I READ THE- PLANNING DEPARTMENT’S RECOMMENDATION ONE WAY AND- IS THE AFRICAN EXPLAINED AS IT RELATES TO FLOOR AREA RATIO. I THINK THAT. IF THEY WANT TO HAVE A DENTURE. PROPERTY THEY’RE REQUIRED THEY CAN DO THAT IF THEY HAVE AFFORDABLE HOUSING SO THAT’S THEIR CHOICE AND TO ME I GUESS THAT’S THAT’S ALL I WILL REINTERPRET YOU’D HAVE TO REENTER THE PLANET OR MAKES A RECOMMENDATION TO SAY THAT THEY’RE APPROVING IT. ON THE ASSUMPTION THAT IT AS THEY- AS PRESENTED WHICH HAS A DENTURE FOR YOUR RATIO THAT THEY HAVE TO HAVE THE AFFORDABLE HOUSING PIECE WHICH THEY WERE. I THINK THOSE GO HAND IN HAND AND IT LEAST THIS TEST. THE APPLICATION. IF YOU’RE BUILDING AS THEY BILL AS THEY HAVE PROVIDED IT. IT WILL HAVE TO HAVE THE FOUR WHEEL HOUSING. OR IT WON’T BE THE FLORIDA REQUIREMENTS. IS THAT HOW YOU ALL UNDERSTOOD THAT. SO IT WOULD UNDERSTAND OTHER WORDS I THINK WE CAN WE CAN WE CAN APPROVE IT AT WITH REASONABLE CONFIDENCE THAT THE AFFORDABLE HOUSING WILL HAPPEN BECAUSE- IT’S TIED TO THE FLORIDA RATIO NOT. ANY. WHICH WERE NOT ALLOWED TO MAKE. A STATE LAW THAT WAS SUCH A GOOD. STATE AND I WALKED OVER THE NON LAWYER ON THE BOARD. SO WHAT I’M UNDERSTANDING IS EVEN THOUGH THEY DON’T MEET THE REQUIREMENTS SET BACK IN. STEP BACK REQUIREMENTS UNDER THE IN THE LA DISTRICT REQUIREMENTS THAT IF THERE’S NO ADVERSE IMPACT ON THE SURROUNDING PROPERTIES. THAT’S IT’S LIKE A VARIANCE EXCEPT ON THERE JUST ONE LITTLE ONE HERE WHICH IS NO ADVERSE IMPACT AND OUT AGAIN AND THERE’S NO. I DON’T I DON’T ALSO I THINK THE REAL ROAD. THE FORTY FIFTIES LOW WITH THE ROLE RIGHT BEHIND ME IS. YEAH HI HOW ARE THEY GONNA CREATE ADVERSE PIE YOU OKAY WITH THE BIRDS YOU WANT TO MAKE THAT MUCH BUT- IS IT OVER IT’S NOT REAL. SPECIAL SESSIONS ARE THOSE OF THE CASE WELL THAT’S WHAT I’VE LOOKED LOOKING AT THE APPLICATION IT IT DOES SAY THAT IT’S A VARIANCE REQUEST SO I WANTED TO SEE IF WE CAN GET THAT CLARIFIED WAS FILED AS A VARIANCE APPLICATION IT WAS ORIGINALLY SCHEDULED TO BE ON THE LAST DOCKET IN PREPARATION FOR THAT DOC AND I REALIZED IT WAS A BIT WITHIN THESE EGO AND THEREFORE. IMPROPERLY APPLIED AND NOTICED AS A VARIANCE REQUEST SO WE ADVISE THAT THEY ALSO HAVE NOT DONE A NEIGHBORHOOD MEETING IS REQUIRED SO WE ABOUT THAN IT SHOULD HAVE BEEN A SPECIAL EXCEPTION AND DEFERRED IT TO THAT THEY COULD DO THE NEIGHBORHOOD MEETING THEM AND WE CAN PROCEED WITH THE SPECIAL EXCEPTION. CAN I TESTIFIED EARLIER THAT THEY DID HAVE A NEIGHBORHOOD MEETING THAT’S RIGHT. I WOULD MOVE THAT WE APPROVE THE SPECIAL EXCEPTION WITH THE CONDITIONS PLACED ON ABOUT. THAT HAVE BEEN AGREED TO ESSENTIALLY WITH METRO PLANNING. I’VE IT’S MY UNDERSTANDING LET ME JUST MAKE SURE I UNDERSTAND THAT IF WE FIND THAT THE STANDARD FOR A SPECIAL EXCEPTION IS MATT WE DON’T REALLY HAVE ANY DISCRETION BUT TO GRANITE AND I THINK THAT’S ALL WE HAVE TO DO HERE. IS MOVED TO GRANT THE SPECIAL EXCEPTION. I THAT’S GENERALLY PRETTY ACCURATE. OKAY SO LET ME AND THEN THE- THIS JOB. MOVE THAT WE APPROVE THE SPECIAL EXCEPTION. I HAVE A MOTION AND A SECOND HAVE A SECOND ANY OTHER DISCUSSION THAT THERE’S SOME DISCUSSION THAT CAN CAN I JUST MAKE ONE REQUEST REALTY OF LIKE HEARING FOR THE APLE CAN CHANGE FROM VARIANCE WHICH IS WHAT IT SAYS TO SPECIAL NO IT IT THAT THINK THE WHAT IT WHAT IT SAID WAS THAT WAS THAT WAS DONE THAT WAS. SO WE ARE THERE THAT’S RIGHT. THAT’S RIGHT. THAT CHANGE I’M SORRY APPARENTLY WAS NOT REFLECTED ON THE DOCKET BUT IT. YES ON THE DOCKET BUT IT’S NOT ALL THE THINGS ON THE APPLICATION THE RECAP YOU’RE GONNA. MEAN DID I CASE YOU DON. RIGHT WE’RE. THE EVIDENCE OF THE APPLICATION IS CONFORMING TO THE EVIDENCE CORRECT. PROPERLY NOTICED AND THAT’S RIGHT IN THE MEETING. ANY OTHER DISCUSSION. ALL RIGHT ALL IN FAVOR SAY AYE. OPPOSED THAT PASSES GOODBYE AND THANK MISTER CHAIRMAN IF WE COULD TAKE A BRIEF BREAK I THINK WE MIGHT NEED TO REARRANGE THE CONFIGURATION BUT I CAN HEAR A LITTLE BETTER. OKAY. RIGHT TO DO THAT. OUR WORK REORGANIZE SERVER I CAN HEAR THE VARIANCE REQUEST YEAH BECAUSE THEY- AS PLANNING HAS RECOMMENDED. AS FOR ME I HAVE THE RIGHT TO. THE FAMILY BY. THE SECOND MOTION OF A SECOND ANY DISCUSSION ALL. IN FAVOR SAY AYE THAT PASSES. THE NEXT CASE NEXT CASE 200-019-3405 INVOLVING PROPERTY AT SEVEN OO FIVE TWENTY EIGHTH AVENUE NORTH THIS IS A REQUEST FOR SPECIAL EXCEPTION TO USE A SINGLE FAMILY HOME FOR A HOME DAYCARE BEFORE YOU DESIGNING MAP SHOWING THE ZONING OF THE PROPERTY IS R. S. FIVE. AERIAL PHOTOGRAPHY SHOWING IT PROPERLY IN THE SURROUNDING AREA. SITE PLAN A REVIEW OF THE HOUSE SUBMITTED BY THE APPLICANT AND FAMILY THE PHOTOGRAPH SHOWN YOU THE CURRENT CONDITIONS OF THE PROPERTY IS THERE ANYONE HERE IN OPPOSITION TO K. THIRTY FORTY FIVE. SEEING NONE THE APPLICANT WOULD HAVE WILL HAVE FIVE MINUTES TO MAKE YOUR PRESENTATION THE BOARD PLEASE BE SURE TO IDENTIFY YOURSELF BY NAME ADDRESS BEFORE WE GET STARTED BRING THIS TO YOUR ATTENTION I AGAIN THIS IS A SPECIAL EXCEPTION. THERE’S NO HARDSHIP REQUIRED HERE IT’S JUST THE CONDITIONS THAT HAVE TO BE MET. GET A STATE YOUR NAME AND ADDRESS. AND THEN. NAME ADDRESS FIRST NO. QUESTION OKAY. THREE SEVEN OH FIVE TWENTY EIGHTH AVENUE NORTH. MALLORY PATTON ADDRESS SEVEN OH FIVE ONE EIGHT OKAY THIS IS A SPECIAL EXCEPTION SAID AND I WANT TO MAKE SURE YOU DON’T HAVE YOUR NEIGHBORHOOD MEETING WE DID IT OKAY THAT’S SO THAT IF YOU DO THEN WE GOTTA STOP SO NOW THAT YOU SAID YOU HAD IT. TELL US WHAT YOU’RE TRYING TO DO AND TO TELL SPECIALLY BRED MAKING. WEHAVE AN IN HOME DAYCARE WITH AN AVENUE FOR AWHILE AND WE CAN ONLY HAVE UP. TO FOUR KEYS AND WE WOULD LIKE TO BE CERTIFIED TO HAVE WORKED ITS WAY UP. YOU CURRENTLY HAVE A DAY CARE IN THE HOME YES OKAY. AND TELL US ABOUT YOUR NEIGHBORHOOD MEETING NO ONE K. IT WAS BACK. WELL IT IT IT OKAY THE PEOPLE I GUESS TO YOUR NEIGHBORS KNOW IT’S A DAY TO DAY CARE NOW THAT YOU HAVE FOR KIDS YEAH WE’VE BEEN THERE FOR AWHILE AS THOUGH IN SO THEY KNOW WE DO GET ONE FIND OUT LATER THAN WE DID GET ONE LATER DECIDED SUPPORT AND I BELIEVE IT WAS FROM LIKE THE- THE. CHINESE FOOD RESTAURANT AT THE ST. OKAY OKAY. ANY OTHER ANY OTHER QUESTIONS. AND THE PLANNING DEPARTMENT HAS RECOMMENDED APPROVAL OF THIS SPECIAL EXCEPTION AND I KNOW THAT SOME FOLKS HAVE. ASKED IN THE PAST. YOU KNOW ABOUT SAFETY CONCERNS AND THOSE OTHER ISSUES THAT AND IT’S BEEN POINTED OUT THE STATE. REGULATES SAYS PRETTY STRONGLY IN THAT ABOUT US A BRIEFING. YOUR SPECIAL EXCEPTION YOU STILL HAVE TO GO THROUGH THE PROCESS TO. COMMENT THIS BECAUSE THAT’S THE STATE. SEES THAT YOU HAVE I HAVE MET ALL THE REQUIREMENTS AND- IT IS SET UP TO HANDLE THE TWELVE KIDS SO. YOU HAVE ANYTHING ELSE TO ADD US. ANY OTHER COMMENTS. WE’LL CLOSE THE PUBLIC HEARING. I TAKE IT THAT WITH NOBODY AT THE NEIGHBORHOOD MEETING. I’M GONNA TAKE THAT IS APPROVAL WHICH I THINK PEOPLE WATCHING SHOULD UNDERSTAND YOU DON’T WASTE OPPOSITION WE THINK THAT PEOPLE ARE IN AGREEMENT. OUR OUR I DO I BELIEVE THEY HAVE SHOWN THAT THEY MEET THE REQUIREMENTS FOR A SPECIAL EXCEPTION PLANNING HAS RECOMMENDED IT FAR FAR IS FIFTY FRANKLY. AT THAT MOTION. AND I’LL MAKE A MOTION. I HAVE A MOTION AND A SECOND ANY OTHER. DISCUSSION. THEY ALL PAPER SAY I IMPOSED THAT PASSES GOOD LUCK. NEXT. SIX NEXT CASE TWO THOUSAND NINETEEN THREE FIFTY FOUR AND VAULTING PROPERTY TWENTY FOUR HUNDRED NOLAN’S BILL PIKE. THIS IS A REQUEST FOR A VARIANCE FROM MAX. HEIGHT REQUIREMENTS. IS THERE ANYONE HERE IN OPPOSITION TO CASE YES THERE IS A THIS IS WHAT WE DO HAVE OPPOSITION TO THIS BEFORE YOU IS THE ZONING MAP SHOWING RESIGNING OF THE PROPERTY AS- C. S. PHOTOGRAPHY SHOW ME THE PROPERTY IN THE SURROUNDING AREA. SITE PLAN SUBMITTED BY THE APPLICANT SHOWS YOU THE PROPERTY A BELIEVER THEIR FENCES AND FAMILY PHOTOGRAPHS SHOW YOU THE CURRENT CONDITIONS OF THE PROPERTY AS WELL AS UP AND DOWN THE STREET THAT’S THE EXISTING FENCES THAT ISSUE TODAY WITHOUT OPPOSITION HERE EACH SIDE WILL HAVE TEN MINUTES SO PLEASE BE SURE TO IDENTIFY YOURSELF BY NAME ADDRESS AND OF COURSE IF YOU WANT TO HAVE APPEARED REBUTTAL MAKE SURE YOU. RESERVE SOME OF THAT TEN MINUTES. RIGHT IF YOU TELL YOUR NAME ADDRESS AND HAVE OUR NAME IS HAMEED IBM ON. TWENTY FOUR. HUNDRED MILLIONS WILL PIKE I’M THE OWNER. AND I BOUGHT THIS PROPERTY IN TWO THOUSAND SEVENTEEN AND- I STARTED MY BUSINESS THERE AND AFTER LIKE A WEEK. AND THE GIRL CAME AT NIGHT THIS CALL THE COMPUTER. AND THE TV. I TRIED A BUST OF THE WIND UP. ABOUT TEN DAYS OR TWENTY THERE TWELVE DAYS AFTER THAT BIG GAME THAT HAPPEN. SO I MISSED ALL THOSE PLACES. AND SINCE THEN I NEVER HAD ANY PROBLEM. AND THAT’S ONE OF THE MOST BEAUTIFUL FENCES IN THOSE AREA. AND THAT COULD BE PART OF OUR FAMILY CAME AND. INSPECTED THE SAID JUST FILLED ME WITH THE POLICE IT’S JUST. BUT FAN I’M SORRY I DIDN’T UNDERSTAND THE LAST PART OF THAT EMAIL THAT’S. THAT’S FANS THAT KIND OF FENCE IT COST ME TWENTY THREE THOUSAND DOLLARS TO INSTALL THE IS THE- IRAN SOUNDS AND SO BEAUTIFUL I MEAN AS FAR AS THE- END USER. YEAH IN TWO THOUSAND SEVENTEEN IS THAT THAT FEBRUARY. TWO THOUSAND EIGHTEEN I BELIEVE IT’S A TYPE OF A DEAL IN MARCH TWO THOUSAND EIGHTEEN. AND HOW DID YOU GET NOTICED THAT IT WAS NOT IN COMPLIANCE. ABOUT I WAS SIX MONTHS. BEFORE I RECEIVED A LETTER FROM CLICK THE PARCHMENT. AND SIGN REALIZED THAT THERE WAS SOME RESTRICTION AND I DIDN’T KNOW ABOUT OKAY. THEY I GUESS THAT THERE ARE A COUPLE LETTERS FROM FOLKS AND WE HAVEN’T HEARD FROM. THE FOLKS THAT ARE OPPOSED TO IT BUT THE- ONE OF THE CONCERNS WAS THAT. THE FENCE IMPEDES THE VIEW TURNING FROM PEACH TREE. AND YEAH. I GUESS THAT YOU HAVE A PRETTY POINTED WHAT IT LOOKS LIKE RIGHT THERE ON PEACH TREE UNKNOWN PEOPLE AND IS THERE ANYTHING THAT. THEY COULD BE DONE. TO BASICALLY MAYBE TAKE AT THAT CORNER. TO IT TO HELP WITH THE VIEW. YOU MEAN SETBACK GORGEOUS WELL I MEAN IT AS I THINK YOU COULD SET BACK THAT IT SEEMED LIKE IT BE SENT BACK THAT CORNER AND WOULD MAKE A DIFFERENCE YEAH. I MEAN THAT THAT IF THE CORNER WERE. YOU KNOW SET OF COMING TO A POINT MAYBE YOU KNOW I KNOW WHAT YOU MEAN. CUT OFF IT MAY BE THAT IT THAT IT AGAIN WE HAVE HEARD FROM THE OPPOSITION TO THAT IT FROM THE LETTERS THAT WE RECEIVE. ONE OF THE CONCERNS THAT THAT. BUT THEY DID TALK ABOUT WAS THE VISUAL SAFETY THE DEFENSE YOU KNOW IT PAID TO ME THAT THAT THE CAUSES IN THEIR MIND A SAFETY ISSUE BECAUSE. OF THE INABILITY TO SEE. WHETHER ON THE STREET CORNER. AND IT’S NINE IT’S NINE FEET TALL IS THAT RIGHT HOW TALL IS YOUR PHONE SIX IT’S SIX AND WHAT IS THE MAXIMUM HEIGHT. WE BELIEVE THIS PROGRAM THANK YOU. DID YOU GET DID YOU GET UP. PERMIT WHEN YOU BUILD A FENCE SIR. I HAVE A FENCE COMPANY BUILD THE FENCE I MEAN ND COMPANY DID IT BUT THEY DON’T. NEED A HAND WITH THE FEDS HAVE ISSUES THE RULE SHOULD LINK. I GUESS THAT THAT’S A ARE YOU THINK SO. I’M SURE THAT’S THE FIRST THING YOU THOUGHT WHEN YOU GOT THE LETTER TO COME HERE KNOW WHAT THE POINT IS THAT I HAVE TWO OTHER PLACES IN GALLATIN PIKE ON CHARLOTTE PIKE AND BEFORE THAT I. MISSED ALL THE SAME FENCES AND. I DID A LONG TIME AGO IN TWO THOUSAND ELEVEN AND TWO THOUSAND FIFTEEN OR FOURTEEN AND- THEN I HAVE A PROBLEM WITH THEM SO I WOULD. THINK ABOUT IT. RIGHT THAT WOULD HAVE A PROBLEM HERE. OKAY ANY OTHER QUESTIONS. GIVE ANYTHING ELSE TO ADD RIGHT NOW. YOU WILL HAVE NINE MINUTES FOR REBUTTAL AFTER WE HEAR FROM THE OPPOSITION. SO DID YOU FEEL JUST TAKE YOUR SEAT AGAIN AND THE OPPOSITION CAN COME FORWARD. EVENTUALLY COME ON. YOU HAVE A TEN MINUTES COMBINED SO YOU REACH YOUR FREE TO SPEAK BUT JUST KNOW IT’S AT TEN MINUTES COMBINED SO SOMEBODY GOES NAH MAN SEE OTHER ONE HAS ONE. IF YOU WOULD STATE YOUR NAME AND ADDRESS AND- YOUR THOUGHTS ON THIS CASE. MY NAME IS BARBARA CLINTON I LIVE AT THREE THIRTEEN PEACHTREE STREET. SO I’M ABOUT SIX HOUSES AWAY FROM THIS FENCE. AND THAT THERE ARE NUMBER OF PROBLEMS WITH IT FOR THE NEIGHBORHOOD. THE MOST SERIOUS ONE OF THE MOST SERIOUS IS THAT TRAFFIC IS NOW BACKING UP IN THE MORNINGS ALL THE WAY DOWN PEACHTREE STREET. TO THE CROSS THE NEXT CROSS STREET WHICH IS BURBANK AND SOMETIMES EVEN BEYOND. BECAUSE HE HEIGHT OF THE FENCE MEANS THAT IF YOU WANT TO MAKE A RIGHT TURN AND YOU LOOK TO THE LEFT TO SEE IF THE TRAFFIC IS COMING YOU CAN’T SEE. SO PEOPLE WOULD NORMALLY BE MAKING A RIGHT TURN ON RED BUT CAN’T DO IT SAFELY SO THEY HAVE TO WAIT FOR THE LIGHT TO TURN SO THAT’S ONE OF THE ISSUES. I LET MY NEIGHBOR ADD TO THIS DISCUSSION. I AM A MAN REAL NINE PEACHTREE STREET. THE PROBLEM IS AS BARBERS JUST SAID. WE CAN’T SEE TO MAKE A RIGHT TURN ON ALL THE ROAD FROM PEACHTREE STREET. THE OTHER IS ALREADY DIFFICULT BEFORE VISIT AS YOU’VE NOTED AS A SHARP ANGLE. BUT A SEVENTY THREE ANGLE FOR PEACH TREE MAKES AN OLD HI. BUT NOW AS WE HAVE VIRTUALLY IMPOSSIBLE MAKE A RIGHT TURN ON RED THERE. UNLESS YOU JUST WANT A CHANCE AND THEN. THIS IS VERY DANGEROUS TO TROUBLE OUT THERE. BUT AS FAR AS ALSO MENTION THE TRAFFIC IS BACKED UP WELL PAST OUR HOUSES. IT’S EVEN DIFFICULT FOR US TO GET OUR DRIVEWAYS BECAUSE THERE’S THREE. JUST WANT LIKE. TRAFFIC TRYING TO GET OFF THE LOWS OF LIFE. YES SIR IS THERE A- AN AMOUNT OF THAT FENCE IT COULD COME OUT AND CUT THE ANGLE TO WHERE YOU COULD SEE WELL IF WE WERE ALL OF. THAT BUT THAT TO KEEP THE FENCE AND I DON’T KNOW THAT. THAT THAT THAT THAT DON’T KNOW CAN’ PREDICT WHAT’S GOING TO HAPPEN BUT- I’M JUST ASKING IS THERE. YOU KNOW IF IT CAME BACK YEAH FIFTY EIGHT EACH DIRECTION. YOU KNOW IT AND THEN. WITHOUT BEING AN EXPERT ON FENCES AND VISION AND THAT KIND OF THING. WE FEEL IN THE NEIGHBORHOOD THAT THAT THAT COLD IS THERE FOR A REASON TO PROTECT THE SAFETY OF THE PEOPLE WHO ARE TRYING TO MAKE THOSE TURNS AND ALSO PEDESTRIANS. SO WE DON’T SEE ANY REASON WHY THEY WOULD NEED TO BE AN EXCEPTION THERE’S BEEN A USED CAR LOT THEREFORE WE THINK ABOUT THIRTY YEARS MAYBE MORE. AND THEY IT BUT THERE WAS NEVER A HIGH FENCE SO THAT IT’S NEVER BEEN A PROBLEM UNTIL ON THE CURRENT OWNER PUT THE FENCE UP SO. WE DON’T SEE ANY REASON. TO DO THAT TO DO WHAT YOU’RE SUGGESTING OKAY. ANY OTHER. THIS IS MAN OKAY I’M SORRY NO YOU’RE FINE SO PHYLLIS WILSON AND I LIVE AT ONE OH ONE THANK YOU DR NOT EXTREMELY CLOSE BUT I DRIVE THE NOTES OR A PEACH TREE AND OTHER STREETS THAT AREA QUITE OFTEN MY OPPOSITION AND I UNDERSTAND YOURS BECAUSE AFTER THAT IN THE EARLY MORNING HOURS AND. SO I AGREE WITH WHAT THEY’RE SAYING BUT ALSO HAVE A PROBLEM. THERE ARE CODES RESTRICTIONS ON FENCES MANY OF THOSE HAVE BEEN BROUGHT TO THE ATTENTION OF THIS BOARD IN RECENT MONTHS SUMMER PROBABLY PENDING IN THE NOTES ROAD CORRIDOR AND IT’S JUST NOT FAIR FOR ONE PROPERTY OWNER TO GET AN EXCEPTION BECAUSE HE HAS A BEAUTIFUL DEFENSE. WHEN OTHERS HAVE COMPLIED AND MAKE YOUR FRIENDS IS MORE WITH THE CODES RESTRICTIONS SO. IT’S NOT JUST THIS CORNER THAT WE HAVE IT’S THE ENTIRE FRONTAGE. THAT NEEDS TO BE ADDRESSED AS WELL OKAY. ANY ANY QUESTIONS HERE IT’S THE TOTALITY. IN THE FRONT I MEAN I THINK THERE’S I THINK THE SIDE RESTRICTIONS ARE DIFFERENT FUN FENCING SO I WOULD HAVE TO CORRECT ME THEN THE FRONT. HI. AND THAT IS CORRECT I JUST DON’T KNOW WHAT. YEAH. ANY OTHER QUESTIONS IS THERE ANYTHING ELSE THAT YOU ALL WOULD LIKE TO ADD. NO I THIS IS THE NEIGHBORHOOD WE’RE TRYING VERY HARD TO KEEP KNOWN AS THE ROAD A DECENT PLACE TO BE AND THE USED CAR OWNERS IN GENERAL HAVE HAD A TENDENCY TO SKIRT THE REGULATIONS AND SO. THE NEIGHBORS ARE PRETTY MUCH PRETTY WATCH FULL OF THIS KIND OF THING OKAY. GREAT THANK YOU. ALL RIGHT WE’LL HEAR BACK FROM THAT. AND I THINK YOU HAVE NINE MINUTES SEVEN SECONDS PER BOTTLE. I MEAN I CAN CUT PART OF FEET BUT BY HAVING THESE PHONES. WE KEEP THE KIDS AWAY FROM THIS NEIGHBOR. WE SAVE COME OVER THERE AND WRITE ATO- REPORT EVERY DAY OR EVERY WEEK. I MEAN IT’S GET THERE THEY CUT BACK CATALOG COM WHERE DOES. EVEN IF THE CAR PARKED OUTSIDE I KNOW I KNOW DEALERS MAYBE THEY PREFERED TO NOT HAVING THE FANS BUT THE PROBLEM IS THAT FOR CAR DEALERS THEY LIVE TO SHOW THEIR CARS SO. WE HAVE TWO CHOICES. OR DEAL WITH DAVE. GETTING. THAT’S THE OTHER STUFF WHAT DOES YOUR CARS AND SELL MORE CARS SO SOME OF US PREFER TO DO TAT BUT I’D LIKE TO GO TO BED EVERY NIGHT THE PEACE OF MIND NOT GETTING CALLS FROM ONE ON PHONE BY ME EVERY NIGHT OR EVERY OTHER WEEK IN THE MIDNIGHT DRIVE ALL THE WAY THERE AND I. MY WINDOW BOX THE- COMPUTER IS NOT THERE. SO I THINK FOR NEIGHBORHOOD HAVING THE FANS EVEN. IS GOOD BECAUSE IF THEY START COMING DOWN IS STILL FAINT. NEXT TIME THEY GONNA GO TO THEIR HOUSE. BOTH OF THEIR CAR. I DON’T KNOW THAT’S I THINK THE NEIGHBORS ARE SAYING THEY DON’T REALLY LIKE THE DEALERSHIPS THERE WHAT WE PAID TOO MUCH TAXES IF THEY LOOK AT THE SALES TAXES THAT WE PAY I THINK. NOLAN ZERO THE ONLY THEY PAY MILLIONS OF DOLLARS A YEAR JUST SELL SEX. NO OTHER BUSINESSES IN NEW ORLEANS WE WILL PAY THAT MUCH SALES TAX. HEY YOU GOT. A NEIGHBOR CAN LOOK AT THE RECORD. DO YOU HAVE WOULD BE ON YOUR PROPERTY TO. WITCHER INVENTORY EITHER ON THE SIDE OR IN THE BACK IN AN ENCLOSED FANS OR IS IT HAVE TO BE WHERE IT IS NO IT’S JUST AS A HALF. LOAN WAS LESS THAN HALF ACRE LOT IS VERY A SMALL ONE AND PART OF HIS OFFICE BUILDING. SO. I CAN HAVE LIKE THEY’RE THE FORTY CALLS MAXIMUM THERE. YEAH THERE IS NOT REALLY. AND NOW FOR. ROOM FOR CAR. I MEAN I CAN DO SOMETHING FOR THE FORMAT. IF I HAVE TO. DID YOU MAKE ANY INVESTIGATION PRIOR TO. PUTTING THE FENCE IN WHAT THE REGULATIONS CODES FOR ONLINE NO I KNOW AS I SAID I HAVE THEM IN CHARLOTTE PARKING GALLATIN PIKE AND I HAVE THE SAME FANS THESE SAME HEIGHT SAME MATERIAL. I INSTALLED THEM BEFORE I NEVER HAD A PROBLEM. BUT YOU DID CHECK OUT OF IT BEFORE YOU DID THIS NO I ASKED THE COMPANY THAT THEY MISS THE OLD MAN AND I TOLD THEM I WANT TO DO THE SAME THING HERE AND- I MEAN. AND IT. COST WAY TO THREE TIMES MORE THAN CHAIN LINK FENCE. BUT NOT BEFORE DIVING NICE FANS IN THIS SORT OF JUST ONE. AND THERE’S NO SHORTAGE OF CASES THAT WE’VE HEARD FROM HOMEOWNERS ARE BUSINESS OWNERS TO CALL OFFENSE CAN BE SINGLE MANSION YEAH THE BECAUSE I’M REQUIRED TO GET A PERMIT FOR THE FENCE AND- IS THE HOMEOWNER THE BUSINESS PERSON THAT ENDS UP BEFORE US NOT THE FENCE COMPANY WHICH. SAME STORY YOU KNOW I DON’T DISAGREE YEAH. AND THE IDEA THAT THE BUT YEAH YOU’RE RIGHT I MEAN IT’S NOT IN THERE SHOULD HAVE BEEN MORE BUT IT NOW WE STAY IT’S NOT UNCOMMON FOR US TO HAVE WHICH THEY REQUIRE HAND ME THAT PLEASE YOU KNOW WE HAVE TO GO THROUGH THOSE BUT READY THEN NO ONE I SPENT. AS I SAID TWENTY THREE THOUSAND DOLLARS ON THOSE THINGS. ANYTHING ELSE THAT YOU. MIGHT HAVE ANY OTHER QUESTIONS. HAVE YOU CONSIDERED MOVING DEFENSE BACK I MEAN I THINK THERE ARE REGULATIONS. HEALTH YOU CAN HAVE A FENCE AM I SAYING THIS CORRECTLY YOU CAN HAVE A TALLER FENCE BUT IT’S GOT TO BE FURTHER BACK. ANY LAWYER KNOWS THAT. CAN YOU HEAR ME. I WAS A DANGER. I WAS ASKING I THINK YOU CAN HAVE A SIX FOOT FENCE BUT IT’S GOT TO BE FURTHER BACK IS THAT ACCURATE THAT’S RIGHT OKAY. NOW THAT THE OFFENSE CANNOT BE GREATER THAN THIRTY SIX INCHES. AND IT CANNOT BE. TRYING TO GET THE EXACT NUMBERS FOR YOU. IN MY MIND SEEING OR WALLS WITHIN TWENTY FIVE FEET OF THE PUBLIC RIGHT OF WAY SHOULD NOT BE HIGHER THAN THREE FEET SO IF YOU’RE NOT WITHIN TWENTY FIVE FEET ABOUT. RIGHT AWAY THEN YOU COULD. PRESUMABLY GO UP BECAUSE. AND THAT’S ON. ON THOSE THOSE CORE ON BOTH SIDES FOR HIM. OKAY. ANY OTHER QUESTIONS. WE WILL CLOSE THE PUBLIC HEARING AND DISCUSSED LOSS. WE DID. YOU SHOULD CHECK THE WHOLE. YEAH. I SAFETY ISSUE BROKE AWAY WE’VE HEARD SEVERAL OF THESE WILL BE HEARD YEAH RONALD OWNERS COMMON TELLS ABOUT HOW MANY POLICE REPORTS SAY ABOUT HOW MANY LIKE YOU’VE HEARD THIS STORY SEVERAL TIMES SO I BELIEVE THAT THIS AREA IS PROBABLY MORE PRONE TO THIS TYPE OF ACTORS ARE THIS TYPE OF CRIME IN OTHER AREAS AND SO I THINK IT’S A SORT OF WEIGHING BOTH. THE ISSUES AND SO I’D BE MORE INTERESTED. CRAFTING SOME SORT OF COMPROMISE IS DONE IN THE PAST BECAUSE- I UNDERSTAND THE NEIGHBORS PERSPECTIVE BUT I ALSO UNDERSTAND THE BUSINESS OWNER’S PERSPECTIVE IN TRYING TO PROTECT HIS NAME UNTIL ONE. WELL AND YOU KNOW AND WE DID. YEAH EITHER THE COUNCILMEN AND I DON’T KNOW IF HE REPRESENTS THIS PROPERTY. BUT WE’VE HAD CALCIUM AND TEN MEMBERS COME AND- YOU KNOW WE’RE REALLY. NOT WANT A CHAIN LINK FENCE AND SOME OF THEM AMENABLE TO THIS TYPE OF EVENTS WHICH IS VERY ATTRACTIVE. BUT TO ME THE SAFETY ISSUE. ON THAT CORNER IS PARAMOUNT I REALLY DO THINK THAT THE. YEAH IF WE ALLOW THE FISH JUST STATED THAT CORNER GOT TO BE. SOMEHOW CUT OUT IN A WAY THAT. CREATES GREATER VISIBILITY OR AT LEAST AMPLE THIS VISIBILITY FOR THE STREET I DON’T KNOW THAT I HAVE THAT EXPERTISE BUT- I AM LEANING TOWARD BEING MORE WILLING. TO THINK THAT THROUGH. BEFORE I JUST SAY NO BUT AT THE SAME TIME OUT I MEAN I GET I GET BOTH SIDES OF IT IT’S- I’M EMPATHETIC TO THE. WE HEAR OVER AND OVER USING A HARDSHIP WOULD BE THE. THE NATURE OF THE CRIMINAL ACTIVITY IN THE AREA THAT IN BECAUSE IT’S SORT OF HE’S AT THIS NARROW IT DOWN LIKE IN THE MORNING IT’S ON THE CORNER AND SORT OF ON THEIR OWN BUT I DO SHOULD BE SECURE ITS SIDE OF THE PROPERTY YEAH BUT I ALSO THE NEIGHBORS YOU MAKE A COMPELLING POINT ABOUT. NOT BEING ABLE TO MAKE. A RIGHT TURN SO. I THINK IT’S AN ODD SHAPE KINDA LIKE THE WAY THAT IT’S SLOW AND SO I THINK THAT THERE’S AN ARGUMENT THAT. THERE’S A VARIANCE BUT- I DON’T KNOW NECESSARILY AND IT’S NOT YOU KNOW IT’S NOT REALLY MY JOB TO CRAFT A SOLUTION MAYBE. WE DEFERRED. THE APPLE CAN COME BACK AND SORT OF SEE IF YOU CAN WORK WITH THE NEIGHBORS ON SORT OF. IMPROVING THE VISIBILITY BUT ALSO MAYBE MAINTAINS. THAT’S MY SUGGESTION I’M NOT. I WOULD I WOULD WANT NO MORE NO NOBODY’S BEEN ABLE TO SAY THAT THEY WITH ANY CERTAINTY HOW FAR BACK YOU BRING THE THINGS FOR THE SAFETY. ISSUES ON THAT. I DON’T KNOW THAT THEY NEED TO GO FOREVER. WHETHER IT’S MEETING WITH. YEAH THE MEETING WITH PUBLIC WORKS MEETING WITH THE NEIGHBORS TO. COME TO MARKET OFTEN. HAVE A BETTER SENSE. OR THE TRAFFIC ENGINEER HE SAID THAT AND THAT MAY. THAT MAY ALL BE VIEWED AS. MORE COSTLY AND TIME CONSUMING THAN COMPLYING WITH COACH BECAUSE THAT WOULD AT LEAST BE A CHOICE THAT WERE OFFERING. THAT WOULD HAVE TO MAKE THAT. OKAY SO. YEAH I MEAN AT THAT MOTION DO YOU THINK THAT ONE ONE MONTH THIS HELLO YEAH WITH ONE MONTH GIVE YOU ENOUGH TIME TO SORT OF SURE BUT CAN I ADD SOMETHING THAT EVEN IF I LOSE THAT FANS. I THINK I DON’T HAVE ANY PROBLEM LOCKHART. SO IF I PARKED THE CAR THERE IS DONE IN A GAME OF LUCK GOOD IS A BUILDING. AND I DON’T THINK THERE CAN TELL ME THE OLD PARK CAR BACK. RIGHT BY LAW I CAN DO THAT SO. WELL THEN AND IT’S GONNA BE A GAME SAME THING I THINK THAT’S PART OF THE DISCUSSION I WENT INTO THE HOUSE ME TO THREE THOUSAND DOLLARS JUST. DO THAT. BUT I DON’T KNOW I CAN GIVE THAT MONEY TWENTY CHARITY THAT THEY WANT TO. GET THROUGH THE THINGS THAT KEEP THAT THAT THING. WELL AT AT WORK LET ME JUST TELL YOU WERE YOU KNOW WHERE I WHERE I HEAR THE CONVERSATION RIGHT NOW IS. THAT IT WOULD TAKE FOUR VOTES FOR YOU TO GET A VARIANCE TODAY I DON’T SEE FOR VOTES THAT WOULD BE WILLING TO VOTE FOR THAT BRANCH TODAY ESPECIALLY. GIVEN THAT THE NATURE OF. THE CONCERNS OF YOUR NEIGHBORS. AND SO. WHERE IT LOOKS LIKE IT’S HEADED BASED ON THE DISCUSSION IS A DEFERRAL OF EITHER. GOT TWO WEEKS OR ONE MONTH DEPENDING UPON WHAT YOU FEEL LIKE YOU NEED. TO TALK WITH THE RIGHT FOLKS. BUT THAT IS TO TALK WITH THE NEIGHBORS AND THE NEIGHBORS THAT ARE HERE. AND MAYBE EVEN YES SEND OUT LETTERS HAVE A MEETING BUT IT TAKE GETTING TO GARNER SOME NEIGHBORHOOD SUPPORT FOR THAT FISH THESE TO BE TO THE LEADING THE SAFETY CONCERNS THEY HAVE. AND TALK IT THROUGH AND IT BACK WITH A PROPOSAL THAT. THAT THE FOLKS AGREE WITH THEN THEN I THANK YOU MAY OR MAY NOT GET THE SUPPORT FROM THE BOARD I CAN’T SPEAK FOR THE BOARD BUT THEY WOULD BE AT LEAST MAY WANT TO CONSIDER THAT. WHERE THEY WOULDN’T AT ALL TODAY. SO. THAT THAT THAT’S WHERE I THINK WE ARE. THERE IS NOT ENOUGH I WILL ALSO TELL I WOULD BE CAREFUL ABOUT ASSUMING THAT YOU IF THIS IS WHERE YOU CAN JUST PARKED CARS OUT THERE YOU MAY BE RIGHT BUT I THERE MAYBE LAWS ABOUT OBSTRUCTING. I’M DIVISION. FILINGS ON ME I WOULD I DON’T KNOW THAT I WOULD LIKE THAT WAS AFTER THE- BUT I THINK THAT. SO IT IT IT SOUNDS TO ME LIKE USUALLY ABOUT A MONTH AS OF IS PROBABLY THE MOST YEAH THAT THAT’S A GOOD WAY AND THEN I THINK IN THE PAST WE HAVE. THERE IS THERE A NEED FOR A VARIANCE FOR ON A MONTH TO. ME THERE THERE’S NOT AN ISSUE WITH. JUST DEFERRING THIS FOR A MONTH RIGHT I MEAN. OKAY SO WE’LL- IS THAT YOUR YES THAT WAS AN OPTION THERE’S A MOTION TO DEFER THIS CASE ONE MONTH FOR THE APPLICANT TO WORK OUT SOME ADDITIONAL DETAILS THERE’S A SECOND ANY OTHER DISCUSSION ON FAVOR SAY AYE. WE WILL SEE YOU ALL IN A MONTH THANK YOU THANK. NEXT TWO THOUSAND NINETEEN THREE FIFTY EIGHT INVOLVING PROPERTY AT THIRTY FIVE THIRTY RICHLAND AVENUE. THE ALBUM IS THE APPLICANT HERE FOR CASE TWO FIFTY EIGHT ANDREW FORD. IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE FIFTY EIGHT. OTHERS ARE HERE WHETHER THAT IS NOT IT DO WE KNOW THE APPLICANT DID NOT AGREE WITH PLANNING. ACTUALLY I HAVE RECEIVED NOTICE OF THE APPLICANT JUST RECENTLY RECEIVED AS THEY DO AGREE TO PLANNING SOME RECOMMENDATIONS THEY WERE HE WAS HAD SOME CONFUSION AFTER THE MEETING STARTED HE- LET ME KNOW I’M NOT. SURE WHERE HE IS BUT- SO I DON’T KNOW IF YOU WANT TO GO AHEAD AND MOVE IT TO THE CONSENT AGENDA OR IF YOU WANT TO IF THEY- IF IT WOULD IF HE IF YOU. AGREE TO PLANNING THAT WOULD’VE BEEN ON CONSENT AGENDA AND WHAT IMPACT IT WOULD HAVE BEEN HAD GIVEN ME THE NOTICE PRIOR TO THE MEETING STARTING RECOMMENDS THAT YOU FILL THE TWO AND A HALF THE GRASS STRIP ENOUGH OFF THE SIDEWALK ALONG RICK RITUAL IN WHICH WAS. IF THEY AGREE TO THAT I’M OUT OF IBM LEAVE THAT WE- APPROVE THIS VERY AND. WHAT THAT WAS A RECOMMENDATION BY PLANNING. YES MOTION SECOND. ANY DISCUSSION ALL IN FAVOR THAT MESSAGE. PAGE SEVEN. NEXT CASE TWO THOUSAND NINETEEN THREE SIXTY FIVE INVOLVING PROPERTY AT EIGHTY SEVEN BAIT AND DRIVE IS THE APPLICANT HERE FROM THIS CASE YES IS THERE ANYONE HERE IN OPPOSITION TO THIS CASE. ARE YOU HERE FOR SOMETHING FOR THIS CASE THE APPLICANT. EIGHT ARE YOU HERE FOR THIS CASE. OKAY YOU RAISE YOUR HANDS. OKAY SORRY I APOLOGIZE FOR THAT SO THIS IS CASE TWO THOUSAND NINETEEN THREE SIXTY FIVE THIS IS A REQUEST FOR A VARIANCE FOR MAXIMUM BUILDING COVERAGE FOR AN ACCESSORY STRUCTURE TO CONSTRUCT AN ATTACHED GARAGE IN ADDITION TO THE EXISTING GARAGE. THE FOR USER THAT A MAP SHOWING THE ZONING OF THE PROPERTY IS OUR S. TEN. AERIAL PHOTOGRAPHY AND SHOWING YOU THE PARCEL AND ITS CURRENT CONDITIONS AND BUILDINGS. THIS IS THE SITE PLAN WITH THAT SHOWS YOU THE PROPOSED GARAGE AS WELL AS THE EXISTING GARAGE THAT’S ON THE PROPERTY AND FAMILY THEY PHOTOGRAPH SHOWING YOU THE CURRENT CONDITIONS OF THE PROPERTY SING NO OPPOSITION HERE THE APP HELLO WILL HAVE FIVE MINUTES TO MAKE YOUR PRESENTATION PLEASE BE SURE TO IDENTIFY YOURSELF BY NAME ADDRESS. MY NAME IS PHIL PLAIT. EIGHTY SEVEN BY DR. TELL US WHAT YOU’RE TRYING TO DATE I WAS TRYING TO TAKE MY SWIMMING POOL I’VE GOT A NO CONCRETE WOMEN THOUGH. AND TRYING TO TURN IT INTO A GARAGE. OKAY. WELL IT. YEAH. IF YOU TURN BACK MAN TO GO USUALLY OUT AND I ASKED THE NURSE YEAH AT IS. THE POLL IS RIGHT AND. YOU SHOULD GO TO FILL IT IN AND BUILD A GARAGE BUT RIGHT. HALF AND I’M TAKING MY WALLS. I WENT BECAUSE I HAD BEEN IN. SO TELL ME YOU KNOW THE CODE I THINK ALLOWS YOU TO HAVE SEVEN HUNDRED. AND SO MUCH MORE FEET OF. GARAGE SPACE AND YOU’VE GOT A FIVE HUNDRED SEVENTY SIX SQUARE FOOT GARAGE AND YOU WANT TO ADD. ANOTHER ELEVEN HUNDRED SQUARE FEET SO YOU’RE GOING TO BE ABOUT. TWICE. THE ALLOWABLE. GARAGE SPACE. FROM THE CODE ALLOWS AND SO WHAT DO YOU NEED THE TWO GARAGES AND- TELL ME AT THE END THERE FOR A VERY AS WE GOT ABOUT THE HARDSHIPS THAT HELP ME UNDERSTAND WHAT. WHAT’S THE HARDSHIP THAT. I’M TRYING TO CHECK BUT WOULD NOT LIKE TO PULL OUT. BUT MY DAD LIVES BE SOME STREET RODS. AND MY LITTLE BROTHER HAVE CABLE. PLEASE GOT SICK AND HAD TO MOVE BUT NOW I HAVE NO PLACE TO KEEP THE RODS. AND. I’VE LIVED THERE THAT HOUSE ALL MY LIFE AND A BUILT IN SWIMMING POOL AND I PROMISED MY MOM I WILL NEVER DO NOT. SO I’M I’M FUDGING A LITTLE BIT AND TRY TO MAKE A. WE HAVE NO REASON FOR PULLING THE MALL. IT’S JUST A LOT OF WORKING AND. AND LIKE I SAY I’M A CASTLE STREET ROD SOME CLASSIC CARS MY DAD LET ME. AND I’M TRYING TO HAVE A PLACE. AND A COLLECTION YES BOX. AND I’M ACTUALLY I’M JUST TRYING TO USE IT HELD. ALL THE. WE FEEL LIKE A GARAGE WOULD LOOK MUCH BETTER THAN. AN EMPTY. NOT EMPTY BED SWIMMING POOL THAT’S NOT USED IN. JUST A LITTLE STORM WATER CATCH ALL MISTY TO HAVEN AND- WE HAVEN’T HAD ANY OPPOSITION FROM OUR NEIGHBORS THAT WE ARE WEARING. WE HAVE A LETTER FROM OUR NEXT DOOR NEIGHBOR WE’VE HAD SEVERAL PHONE CALLS FROM PEOPLE SURROUNDING AS WE ACTUALLY HAVE NEIGHBORS. THAT ARE HERE ON A DIFFERENT MATTER BUT THEY ARE NOT IN OPPOSITION TO IT EITHER SO IT’S JUST WE’RE ASKING FOR. AT APPROVAL TO. THIS DETACHED GARAGE AND NOT HAVE TO ATTACH IT TO OUR HOUSE. WHICH WE WERE TOLD BY CODES WE HAD TO DO AND THERE’S NO WAY FEASIBLE TO DO WHAT THEY WERE TELLING US WE HAVE TO DO WHICH WAS TO BUILD A BRIDGE RIGHT. AWAY AND CONNECTS. THE ROOF ONE FROM THE HOUSE TO THE ROOF LINE. TO THE PROPOSED GARAGE THERE’S JUST NO WAY TO DO THAT. WHAT ABOUT THE JUST THE IDEA OF CAN YOU EXPAND YOUR EXISTING GARAGE I KNOW THAT THE NEW ADDRESS OUR POOL ISSUE. CAN YOU EXPAND. THE EXISTING GARAGE. I MAKE IT. SUFFICIENTLY LARGE FOOD HOUSE WHERE YOU’RE TRYING TO HAVE. NOT WITHOUT GOING INTO THE SPACE WHERE THE SWIMMING POOL. OKAY YOU PLAYED IN THE FILM SCHOOL. ANYWAY RIGHT RIGHT. IT JUST SEEMS LIKE TO BUILDING A LOT OF EMPLOYERS SPACE SO I’M WONDERING I’M JUST TRYING TO THINK IF SOMETIMES WHAT HAPPENS IS PEOPLE COME AND SAY I NEED SOME STORAGE AREA BUT THEY WILL NOT GETTING CLOSE STRUCTURE SO I WAS JUST WONDERING IS THAT SOMETHING THAT COULD WORK IF YOU. HAD MORE IF YOUR CURRENT RISE MORE BIGGER. MAYBE THEN YOU BUILD THE NOT ENTIRELY STRUCTURE. I’M JUST TALKING OUT LOUD. WITH THE VEHICLES THE INTAKE STATEMENT I DON’T NEED TO BE IN THE WEATHER ELEMENTS THEY NEEDTO BE GARAGE. ALL RIGHT. YEAH NO. IT HAS BEEN USED. GET FIVE OR SIX YEARS AND IT’S JUST AN EYESORE IN THE BACKYARD. I’M SURE NEIGHBORS WILL APPRECIATE SOME AND WHAT IS THE CURRENT RIGHT YOU FOR. I’M DOING A BODY WORK. ON GAS BOMBS AND STUFF THE SHOP THE SHOP YEAH. YEAH. YEAH I KNOW WE FELL DOWN THE STEPS LAST ON THE. ANY OTHER ANY OTHER QUESTIONS. THEN YEAH THIS THIS IN THE OTHER THE OTHER THE YOU YOU HAVE A HEART ASK FOR US BECAUSE IT’S SUCH A LARGE CONSTRUCTION PROJECT. IN TERMS OF. YES. TWELVE FOOT OFF OF IT. THE BLUE PART RIGHT THERE. AS TWELVE FOOT THE FACT THAT ALL. AND JUST BUILD IT ON THE TOOLBAR. THAT WOULD BE YEAH THIRTY EIGHT BACK TWENTY YEAH. I MEAN THE- SIX. SORRY I CAN’T HEAR THEM. LISTEN. SO THERE’S NO OPPOSITION. THIRTY EIGHT BY TWENTY I’M SORRY WHAT HAPPENED WHAT THE. DAMAGE IS BEING. THIRTY EIGHT AND ONE THIRTY EIGHT OKAY. YEAH THAT’S ABOUT. RIGHT MAY NOT BE UNDERSTANDING IT RIGHT FROM THIS PHOTO HOW DO YOU HOW WOULD YOU GET THE CARS TO THE PROPOSED GARAGE DOESN’T LOOK LIKE THERE’S A DRIVE DRIVE WAY RIGHT. WHEN THE HOUSE AND THAT LAST GARAGE RIGHT THERE. I’M SO MANY BUILDING RIGHT ON THE COPPER DOWN. AROUND THE BACK. SO THAT’S THE A DRIVE THAT GOES AROUND THE HOUSE IS ON A SIDEWALK. LOOKING AT TO THE LEFT OF THAT SIDEWALK IS THE DRIVEWAY THAT COMES FROM THE STREET. AND IT COMES AROUND THE BACK OF THE HOUSE WELL THE DRIVER DIDN’T COME ALL THE WAY THAT YOU CAN DRIVE ALL THE WAY AROUND THE BACK OF THE HOUSE BETWEEN THE HOUSE AND THE EXISTING DETECTION. DO YOU DRIVE ON THE GRASS. OKAY. SO IS THAT A CARPORT THAT SOME. SOUTH OF YOUR HOUSE CARPORT AND THEN WHAT. LOOKS LIKE THRE’S TWO STRUCTURES LIKE LATE RIGHT. TWO TRAILERS AND I’VE GOT SOME CARS IN. TWO HOURS. KATE THESE CARS AND- GET THIS GARAGE WILL WELL THOSE TRAILERS GO AWAY THE GARAGE IS BUILT. THIS IS THE TRAILER. YES SIR. I FORGOT WHAT THE FRONT OF THE HOUSE LOOKS LIKE CAN WE SEE THE PHOTO OF THE FRONT OF THE HOUSE. WITH THE. SIR THEY LOW. LOWER IS THAT THOUGH WHAT I’M SEEING THAT’S LOWER IN THAT PHOTO. SAID IT DOES YOUR DRIVEWAY SLOWED DOWN SO YOU DON’T SEE THAT. FATHER QUESTION. YEAH I THINK HE HAS SOME OF THE QUESTIONS I DON’T HAVE. ANY ANY QUESTIONS. ANYTHING ELSE YOU’D LIKE TO ADD. RIGHT NOW WE’LL CLOSE THE PUBLIC HEARING. THE COMPANY WAS THAT I WOULD HEAR YOUR THOUGHTS I HAD. I JUST DON’T SEE ARCHER. RIGHT. I THINK IT’S A HARD TO IF YOU GOT A BUNCH OF STREET CARS IN YOU WORK ON AND YOU NEED SOMEWHERE TO PUT. AND YOUR NEIGHBORS DON’T CARE. YEAH WELL YOU KNOW THE NEIGHBORS NOT CARING ALWAYS MATTERS BUT I THINK THAT IT’S NOT JUST. WHAT I VIEW MY JOB HERE IS NOT JUST LOOKING OUT FOR CURRENT NEIGHBORS ARE LOOKING OUT FOR PEOPLE THAT. MAY MOVE YOUR RIGHT. TWENTY THIRTY FORTY YEARS AND THEN THEY MAY. YOU KNOW THEY MAY. WANT MORE ZONING INTEGRITY AND- I DON’T MEAN I KNOW IT’S NOT THE OLD STORE STUFF. WAY FROM YOUR HOUSE YOU WANT TO CLOSE BUT IT’S. THERE’S A SHORTAGE OF PLACES TO STORE THINGS. AROUND THE STORE THINGS AND I JUST I CAN’T FIND ANY HARDSHIP. AND I AND I HAVE WE HAVE TO HAVE THAT. TO GRANT A VARIANCE SO LET ME ASK LET ME JUST ASK THIS WE’RE JUST CHAT. BECAUSE HE’S GOT THE SWIMMING POOL WHICH TO ME MAY CREATE A HARDSHIP IN ADDITION TO AN ASA WERE INDIFFERENT TO A HEALTH PROBLEM. DOES THAT. AFFECT YOUR THOUGHT AT ALL. NO IF YOU WERE FOR IT OR MAYBE A PRE EXISTING. STRUCTURE AND A FOUNDATION IT IT IT MIGHT BUT THE WAY I VIEW THE. SWIMMING POOL IS YEAH I MEAN IF IT’S GONNA HAVE TO BE DEALT WITH BUT IT’S NOT IT DOES A GREAT HARDSHIP IS JUST A TWINKLE IS NO LONGER NEEDED. WELL I AGREE WITH YOU ON. BEING THE INTEGRITY OF THE NEIGHBORHOOD FOR FUTURE. PEOPLE THAT MIGHT MOVE INTO THE NEIGHBORHOOD. BUT ON THE OTHER HAND. IF THIS IS BUILT THEY’LL KNOW WHAT THEY’RE GETTING INTO. THEY’LL THEY’LL SEE IT THEY’LL THAT THEY WANT TO MOVE NEXT OR THEY’LL SEE THIS BIG STRUCTURE. HOUSING THE CARS AND THEY CAN CHOOSE TO MOVE THERE OR NOT BUT- SO I SEE BOTH SIDES. I DON’T LIKE THE TRAILERS PERSONALLY US DURING THE CARS AND IT DOESN’T SEEM THAT THERE IS ANY WAY. TO LEGALLY MAKE THE TRAILERS GO AWAY I DON’T KNOW I MEAN I’M NOT IN PROPERTY STANDARDS SO I DON’T KNOW. ABOUT THAT SO I THINK THAT GARAGES AND A BETTER ALTERNATIVE TO THE TRAILERS BUT- YOU KNOW DOES THIS QUALIFY AS A HARDSHIP THAT’S- SOME TO DISCUSS. YES. WE HAVE A LARGE. YEAH. BUT YOU’RE GONNA HAVE SPRING OR THE CASHIER. WELL. THAT MAY AT SOME POINT. COME BACK HERE BECAUSE THE CARPET IN THE SUMMER. I APPRECIATE IT. GET RID OF. THIS BETTER SORT OF HAVE MY YEAR OLD THIS WEEKEND. I’M PROBABLY THE ONE THAT LIKE THAT I JUST CAN’T FIND. TAKING OFF A LITTLE BIT OF THE POOL STILL GONNA GET YOU CLOSE TO THE TWO FIFTY. YEAH SO. HIS MEASUREMENTS EVEN IF IT CUTS IT TAKES OUT THE BLUE AREA IT’S ANOTHER THOUSAND SIXTY FOUR SQUARE FEET. AND IF YOU TAKE OFF THAT TWO FIFTY HAD HE STILL BASICALLY IT WOULD BE DOUBLING RIGHT IS OTHERWISE A WILD HEART. I DON’T I SEE A. ANY OTHER THOUGHTS OR EMOTIONS. WELL I DO HAVE A QUESTION TRYING TO SHOUT SO YOU ALL CAN HEAR. THIS IS VARIANTS FOR MAXIMUM BUILDING COVERAGE FOR AN ACCESSORY STRUCTURE. BUT THERE’S ANOTHER CATEGORY OF MAXIMUM BUILDING COVERAGE THAT DEALS WITH I THINK IT’S OUR S. TEN AND THEY’RE ONLY ALLOWED TO BUILD I DON’T KNOW 50% OF THE SAY I’M JUST GUESSING WHAT THE CHARTER SAYS. I’M JUST WONDERING IF THE- I KNOW THIS ANSWER IS PROBABLY NOT NOON TODAY. BUT IF THEY DID BUILD WHERE THEY ATTACHED ON TO THE HOUSE THEY MIGHT BE ABLE TO ACTUALLY A LOT BE ALLOWED TO BUILD MORE THEN IF THE STRUCTURE WAS DETACHED DOES THAT MAKE SENSE YOU ALLUDED TO IT WITH YOUR WALKWAY. SO I WOULD BE CURIOUS TO KNOW AND I REALIZE YOU ALL DON’T HAVE ANY ANSWERS. ABOUT HOW MUCH THEY’RE ACTUALLY ALLOWED TO BUILD ON THIS SITE. THAT COULD VERY WELL BE THE CASE AND THAT IS SOMETIMES THE CASE IS NOT WHAT’S BEFORE THE BOARD TODAY. AND YOU KNOW IF THEY WANT. THAT’S SOMETHING WE COULD LOOK INTO IF THE BOARDS IN CANADA FOR THIS SO THAT WE CAN DO THAT IF THEY HAVE A SPECIFIC. PROJECT A PLAN THEY WANT TO CONSIDER ALONG THOSE LINES THAT WE REVIEWED WHAT THEY SUBMITTED WHICH WAS THE DETACHED. GARAGE SO IT’S YOUR YOUR POINT. THAT I THINK IS. IF THEY WOULD BE ALLOWED TO BUILD THE STRUCTURE. IN IT IF IT WERE ATTACHED TO THE HOUSE. COULD THE HARDSHIP B. THE INABILITY TO ATTACH IT TO THE HOUSE. THAT’S ONE WAY TO LOOK AT I I WOULD BE INTERESTED IN A GOOD EARS AND THAT. OF WHAT BECAUSE OF THIS TOMOGRAPHY OR WHATEVER. YEAH I’M JUST I’M CHATTING JUST TRYING TO OFFER YOU ALL SOME IDEAS MAYBE IF WE DEFER TO YOU ALL CAN INVESTIGATE THAT. WHICH IS AN EIGHTY DOLLAR BUNDLE OF WHAT YOUR INTENTION YEAH I’M NOT SAYING YOU WOULD NECESSARILY HAVE TO ATTACH IT TO THE HOUSE BUT I’D BE INTERESTED IN HEARING. THE COMPARISON THAT IF YOU WERE TO ATTACH IT TO THE HOUSE. HOW MUCH SQUARE FOOTAGE WOULD YOU BE ALLOWED TO BUILD. DOESN’T MAKE SENSE. DO YOU KNOW THAT. WE HAVE IF WE PUT A BREEZE. FROM MY HOUSE TO THE GARAGE OKAY. THEN YOU TURN AROUND THE NEXT PERSON JOB I HAVE A CONCRETE IN FOUR WALLS. WELL THAT’S NOT A REASON. SO THAT’S ADDING EVEN MORE. MORE STRUCTURE AND MOURN FOR REAL IN FOR ME WILL SURFACE. ANY OTHER QUESTIONS FOR THAT ONE. I WILL CLOSE THE PUBLIC HEARING AGAIN. I HAVE A BUSH A- THE FOUR I WOULD. MOVE TO DEFER IF THE APPLICANT WISHES TO DEFERRED TO BRING US THE ADDITIONAL ANALYSIS. ONE MEETING ALSO GOING TO BE LOOKING FOR ONE MEETING. YEAH THE MOTION OF THE TABLES TO DIFFER WHAT WE CAN TALK ABOUT TODAY AND I DOUBT YOU’RE GONNA PASS TODAY BASED ON EVERYTHING THAT YOU’VE SEEN AND HEARD AND I’VE SEEN AND HEARD SO THIS IS IN ORDER BASICALLY OUT OF. RESPECT FOR THE APPLICANTS. YEAH WHEN WE CHECK THERE MIGHT POSSIBLY BE A PATH TO ALLOW THIS WE SAY. LET’S DIFFERENT I GET ADDITIONAL INFORMATION. THE DISINFORMATION THAT I THINK THAT YOU WERE LOOKING FOR WAS. YEAH WHAT WOULD YOU BE ABLE TO STAY AT THE MAXIMUM. THAT SHOULD BE ALLOWED TO BUILD ON PROPERTY WORD ALL CONNECTED AND IS THAT THE ONLY ISSUE IS THE ABILITY TO CONNECT AND THEN MAYBE EVEN. UNDERSTAND A LITTLE BIT MORE THE TOPOGRAPHY OF. THE DISTANCE BETWEEN THE COLLISION OR THE HOUSES AND HOW IT MAY OR MAY NOT BE DIFFICULT TO ACTUALLY CONNECT THE PROPERTY SO IF YOU CAN FIND THAT INFORMATION OVER THE NEXT TWO WEEKS WE’LL HEAR THIS AGAIN IN TWO WEEKS A PROVIDED THE MOTION PASSES WHICH HAS A SECOND AND ANY OTHER DISCUSSION AND I HAVE A POINT FOR THEM IT WOULD BE HELPFUL TO HAVE PHOTOS OF YOUR BACKYARD. SHOWING SO IN THE AREA. ANY OTHER INFORMATION THAT PEOPLE LIKE THAT. OKAY IN FAVOR THE REFERRAL WORKING HAND. ANY OPPOSED WE’LL SEE AGAIN IN TWO WEEKS GOOD LUCK. NEXT CASE. NEXT CASE TWO THOUSAND NINETEEN THREE SIXTY SEVEN INVOLVING PROPERTY AT EIGHTEEN TWELVE A AND B. BEACH AVENUE. THIS IS A REQUEST FOR A VARIANCE FROM ROOF PITCH FOR AN ACCESSORY STRUCTURE IN ORDER TO CONSTRUCT AND IT’S A DETACHED GARAGE. FOR YOU IS THAT A MAP SHOWING THE ZONING OF THE PROPERTY IS OUR EIGHT. AIR PHOTOGRAPHY’S SHOWING YOU THE PROPERTY AND SURROUNDING AREAS. SITE PLAN SUBMITTED BY THE APPLICANT. AND FAMILY IN THE PHOTOGRAPH SHOWN YOU THE CURRENT CONDITIONS OF THE PROPERTY. THERE ANYONE HERE IN OPPOSITION TO CASE THREE SIXTY SEVEN. SAYING NOTHING WILL HAVE FIVE MINUTES TO MAKE SURE THAT PRESENTATION PLEASE BE SURE TO IDENTIFY YOURSELF BY NAME ADDRESS I’M JEFF. AND I’M THE OWNER OF THESE PROPERTIES EIGHTEEN TWELVE EIGHTEEN TWELVE BEAT THE JAPANESE. AND I WOULD LIKE TO CONSTRUCT THE TAX GARAGES AND THESE ARE CURRENTLY IN CONSTRUCTION BY THE WAY I’D LIKE TO CONSTRUCT ATTACHED GARAGES BEHIND THESE PHONES AND AS IT APPLIES MY PROPERTIES THE ZONING CODE ADDRESSES BUILDING BEHIND THE DISASTER STRUCTURES LOCATED IN THE REAR THE PRINCIPAL VALUE MAY HAVE VERTICAL WALLS RISING NO HIGHER. THAN SIXTEEN FEET INSIDE WE WERE SET BACK ONCE THE ROOF ON THE STRUCTURE WHICH ARISES SIDE WALLS ARE GREATER THAN THE DOMINANT READ THE AGE. OF THE PRINCIPAL DWELLING I WOULD LIKE TO THE DETACHED GARAGES TO HAVE GUYS LOOK GROUPS WHICH SHOULD BE CHARACTERISTIC IN ADVANCE TO ALL OF. THE OTHER DETACHED ROACH LOCATED ALONG THE SECTION OF BEACH AT. VERSUS SHINGLED. ROOF COVERING AND. IT WOULD HAVE THEY’RE A LITTLE MORE SLOW DO IT WOULD BE VERY UNCHARACTERISTIC WITH ALL THE OTHER GARAGE. DETACHED GARAGE IS LOCATED ALONG THIS SECTION OF THE JACK. AND I BELIEVE THE BUILDING HEIGHT CODE RESTRICTS ME FROM HAVING A GABLED ROOF SIMILAR FEATURES ACCOMMODATIONS AND AMENITIES CURRENTLY ENJOYED BY MY NEIGHBORS. IT IS SUCH AN ASKING FOR THIS BUILDING HIGH THERE IS. AND YOU. ARE YOU SEE THE PICTURES OF THE HOUSE. THAT THAT BUILDING I THINK THE HOUSE IS THIRTY EIGHT. THE PROPOSED DRAWING OF THE. CATCH GRODD SHE’S TWENTY THREE FEET EIGHT INCHES. AND. I WOULD ALSO LIKE TO SAY THAT THIS ONLY JAMMING OR WITH A LOOK AT THAT THEY’RE BASING. THE PREDOMINANT. GROUP PAGE ON THE FLAT WITH. WHEN YOU LOOK AT THE HOUSE FROM THE FRONT. YOU CAN’T SEE A FLAT RATE YOU SEE A MANAGER. IT’S SO I’M NOT SURE BUT ANYWAY THAT’S WHAT’S GOT ME TO THIS POINT OF TRYING TO GET THE EXPERIENCE TO ME I DON’T SEE IT IF I SAY. GO TO THE HOUSE HAS A FLAT ROOF. I DON’T THINK I WOULD END UP. IS THERE ANYWAY THAT THAT ISSUE BUILT THE HOUSE RIGHT I MEAN I’M IN THE PROCESS OF BUILT. INTO IT AND YOU CHOSE. THE DESIGN I MEAN YOU CHOSE TO HAVE THE STRUCTURE LIKE THAT RIGHT ABSOLUTELY AND I DID IT. I’M ACTUALLY CONTRACT BUT I’M LIVING IN THIS HOUSE RIGHT. IT’S SO I DID IT BECAUSE ALONG THIS STRETCH OF BEACH AVENUE THERE’S SEVERAL HOUSE THERE THEY WERE A REGIONAL DIRECTOR. HERE WHO’S BUILDING IS BACK IN THE THIRTIES AND FORTIES. AND I COULD HAVE BUILT A MODERN DIE. AUS WERE YOU COULD WHEN YOU LOOK AT ASPEN IF I SEE A FLAT. IT WOULD BE A LOT MORE COST EFFECTIVE FOR ME TO DO THAT. BUT I CHOSE TO BUILD THIS MANSARD STYLE READS THAT SO IT WOULD BLEND IN BETTER WITH THE HOUSES ALONG THAT STREET. ROGER IT’S BASED ON A ROOF THAT YOU CAN’T SEE SO. YOU KNOW THAT’S I’D LIKE TO MAKE BUT THE. YEAH IT’S A HARDSHIP TO ME THIS HIKE LIMITATION IS THAT IT KEEPS ME FROM HAVING A GARAGE WITH A GABLE REALLY THAT’S CHARACTERISTIC OF THE DETACHED GARAGE IS LOCATED ON BOTH ADJACENT PROPERTIES. IN LOTS OF NEXT DOOR TO ME. AS WELL. ALL. OKAY ALONG THIS SECTION BE JEFF. AND IT IS NOT THE GARAGE I WOULD BE ALLOWED. FOLLOWING EXISTING BUILDING I COULD YOU LIKE SHIN WOULD BE UNCHARACTERISTIC INTERFERENCE. OF WHEN COMPARED TO THE EXISTING GARAGE IS LOCATED ALONG THIS STRETCH OF THE JAPANESE I WOULD ALSO LIKE TO ADD THE GABLED ROOFS. BECAUSE YOU WOULD HAVE BLOCKED THE REAR ELEVATION THE REVIEW OF THE RETAIL. ESTABLISHMENTS LOCATED ACROSS THE ALLEY. AND THEY TYPICALLY ARE IT’S A COMMERCIAL AREA I UNDERSTAND THAT BUT THERE ARE ISSUES OF THERE’S A LOT PROBABLY TEN OR TWELVE TRASH RECPTACLES OUT THERE. ALL THE TIME IS SO THIS GARAGE WHEN I LOOK. FROM THE HOUSE BACK TO THE GARAGE INTO THE ROOM A PROPERTY THAT. THAT. WITHOUT HAVING THE GABLE ROOF I WOULD BE IS ABLE TO BLOCK THE IDEA AND THEN ALSO A PRIEST RESPECTED MEDITATING ATTIC STORAGE SITES. SENATOR JOHN I’M SORRY. I DON’T. THE FLAT ROOF. SO IT SEEMS TO ME LIKE WHEN YOU DID THAT YOUR BOX YOURSELF AND WITH HIS OWN CODE AND TO ME THAT JUST SEEMED LIKE A SELF IMPOSED. RIGHT WELL IT IT DEPENDS ON. TO ME WHEN YOU LOOK AT THE HOUSE. THE VALIDATION I HOUSE DOES NOT SHOW A FLAT ROOF. IT’S A MAGIC TRICK. HAS A VERY STEEP. IT’S SO YOU’RE NOT SEE THAT’S RIGHT. THE YOU THINK THE PIT SHOULD BE WHAT’S WHAT’S FACING US NOT WORKS I THINK I THINK WHEN YOU’RE TALKING ABOUT WHAT’S THE DOMINANT RESTRUCTURE. WHICH IS AS STRONG AS THE MAIN ELEMENT OF THE HOME WHEN YOU LOOK AT THAT IN THE FRONT. YOU SEE A MASSACRE. YOU DON’T SEE A FLAT RATE. IT’S NOT THE BASED ON THAT I THINK IT’S VERY LIMITING DECIDE WHAT YOUR GARAGE THAT YOU’RE GOING TO BUILD BACK THERE HAS TO HAVE A FLAT RATE AND CAN BE NO HIGHER THAN SIXTY THREE. SO I THINK THAT’S- THAT’S LIMITING. AND I GUESS COACH DETERMINED THAT THAT IT WAS A FLAT ROOF SO DID YOU DID YOU. ARGUE THIS POINT WITH I DID. WHAT A REAL STRONG AT THE TIME WAS BECAUSE I DIDN’T I DIDN’T ARGUE THAT AT THE TIME. BECAUSE WHEN I LOOKED I THINK I SAID WELL THEY WILL PROBABLY YOU KNOW THE- SAYING THAT’S BEEN DOMINANT. READ PAGE BECAUSE IT THE MAJORITY OF THE REALLY. THE FACT IS THE PREDOMINANT RELEASE IS NOT THE FLAT RATE BUT DOMINATE DOESN’T MEAN IT’S A MAJORITY FOR THE BIGGEST PART USUALLY WHAT JOHNNY MEANS WITH WHICH WHICH YOU SEE. AS THE STRONGEST DASCHLE ELEMENT THAT HAS WHEN YOU LOOK AT. OKAY WE NEED A TERMS OF DETERMINING. THE DOMINANT THE PITCH OF THE DOMINANT REALLY. SO THAT THAT IN THE OTHER THING TOO IS. IT BACK AND I CAN I CAN BUILD THE FLAT ROOF IN THE BACK. BUT IT’S NOT GONNA BE CHARACTERISTIC OF ALL THE OTHER OTHER DETACHED GARAGES THERE TWELVE. OKAY LOCATED DO THERE EIGHT OF THEM HAVE DETACHED GARAGES NO NO THEY WERE FLAT ALL THEY WERE GETTING OLD ONE OF THEM IS HERE. THERE’S NOT A FLAT AND IT’S NOT US I WANT TO DO IT IT JUST LIKE A BIT OF SLACK THE- THE- MANAGER IS ON THE FRONT OF THE HOUSE. TO MAKE IT MORE CONSISTENT WITH THE OTHER HOUSES ALONG THE STREET. I’M ON THE COMP WHICH IS SAYING THING WITH THE GARAGE. IN THAT IF IT HAS A GABLE ROOF IT WILL BE CONSISTENT. CHARACTERISTIC OF ALL THE OTHER GARAGES LOCATED. ALONG THAT STRETCH OF BEACH AT. ALL YOU RUN OUT OF TIME SO LET ME ASK YOU A QUESTION. SO WHAT I’M HAVING TROUBLE READING YOUR DRAWINGS THAT WERE PUT IN OUR PACKET THAT OKAY IT’S NOT LEGIBLE BUT ALSO IT’S NOT SHOWN ON THE GARAGE SO WHAT IS THE HIGHWAY FROM THE EAVES ON THE GARAGE TO THE RICH. TWENTY THREE THREE EIGHT EIGHT. THAT HAVE SOME THING THAT’S YOUR TOTAL. YES I’M TALKING ABOUT THE EVE WHERE YOU PUT THE GUTTER. ISN’T THAT IT BE RIGHT AROUND TEN THIRTY TEN FEET. SO THE MANSARD ROOFED HOW TALL IS THE MANSARD ROOF ON YOUR PRINCIPAL DWELLING IT IS. NINE NINE SEVEN YEAH. EIGHT FOURTEEN A LITTLE OVER FIFTEEN FEET TALL OKAY SO THE MANSARD ROOF THE HEIGHT OF THE MANSARD ROOF IS ABOUT FIFTEEN FEET TALL AND THE HIGH OF THE PROPOSED ROUTE FOR THAT PROPOSED GARAGES ABOUT NINE YOU SAID NINE OR TEN. THAT WOULD BE ISRAEL IS RISING PHONE. MAY BE. THERE’S A PROBLEM YES SOMETHING CLOSE TO THAT YES NINE OR TEN ON THAT. ALL START THE HOUSES THIRTY EIGHT FEET. IN THE GARAGE TWENTY THREE THINGS OKAY I HAVE DRAWINGS THAT YOU LIKE TO SEE THE GARAGES. WE CAN SEE THEM TO SOME EXTENT ALSO BLURRY ON THE SCREEN WE GET THE. NUMBERS DIDN’T. NEVER TELL CARRIE WE TAKE THIS ON WE CAN READ THE NUMBERS CORRECT. ANY OTHER QUESTIONS. THIS IS YOUR FIRST PROBLEM RELIGION. NO I’VE BEEN BUILDING HOUSES SINCE NINETEEN NINETY FOUR. SO YOU KNEW THIS MIGHT BE THE ISSUE YES I DID YEAH. YES BUT I ALSO KNOW THAT OTHERS HAVE COME AND HAD VARIANCES ON THESE TYPES OF SOCIAL STRUCTURES AND I THINK I THINK SO THE RULING. IS IT IS JUST DOES HIS NECK WAS NOT INTENDED WITH ME WAS WRITTEN PROBABLY THEY DIDN’T CONSIDER THAT SOME PRINCIPAL DWELLINGS MIGHT HAVE FLAT ROOF SHE JUST DOESN’T ADDRESS THE ISSUE IF THIS IS IN. THAT SITUATION. RATHER HE CREATES A LARGE. ANY OTHER QUESTIONS. SO IS IT THERE ON THE GABLE ROOF THE ROOF OF THE GARAGE IS YOU’RE SUPPOSED YOU’RE PROPOSING TO BUILD AS I GOING TO BE. FROM THE EAST TO THE RIDGES ARE GONNA BE STORAGE SPACE OR- THAT WOULD BE YES OF COURSE NOT EVEN EVEN. WITH THE DAY AFTER THE CROTCH TWENTY FOURTH DAY SO EVEN WITH THAT BUILDING HIGH YOU’LL BE. IN STORE. WHICH BACKS BUT IT WOULD BE OF SOME HELP IT’LL GIVE YOU. MORE STORAGE PLACE IF YOU HAD TO HAVE A FLAT RATE IF THEY HAVE A FLAT RATE ON THAT ZERO STORAGE BINS. ANY OTHER QUESTIONS. ALL RIGHT WE WILL CLOSE THE PUBLIC HEARING. BOX. WELL I UNDERSTAND THE POINT HE’S MAKING IN MY OWN WAY I GUESS AND IN MY OWN ANALYSIS DATE A LITTLE. SO I DON’T ACTUALLY HAVE I HAVE MORE OF AN ISSUE WITH THE- YEAHTHE REFER THE GARAGES IN A MATCH IS THAT A CLUE TO THE ROOF OF THE PRINCIPAL DWELLING THAT WE’RE NOT HERE TO JUDGE THAT. BUT I DO SEE HOW. THE FLAT ROOF OF THE MAN OF THE PRINCIPAL DWELLING THAT. NOT REALLY WHAT WAS INTENDED TO BE LOOKED AT. SO I WOULD I WOULD BE IN FAVOR OF GRANTING THEIR CLASS. SO. CAN YOU SPEAK UP I. LOOKING THE RESULT OF IT AND FIND MORE ARCHES ARE. I MEAN IS THAT. WHAT YOU WANT TO DO A LOT BETTER THE PROBLEM. BUT HE WENT INTO IT. AND THAT. SAY AGAIN YEAH I DON’T DISAGREE THAT HE KNEW AND HE IS KNOWLEDGE THAT THAT WAS AN ISSUE BUT I TEND TO AGREE WITH CHRISTINA THE POINT OF IT IS IT IT IS A DESIGN WHEN YOU LOOK AT THE HOUSE ON THE STREET IT DOESN’T IT DOESN’T LOOK LIKE WHAT WE THINK OF AS A FLAT. I MEAN SO TO ME. IT DOES MAKE SENSE OF THE GARAGE WOULD MATCH THE HOUSE I DON’T THINK IT IS. IT’S NO DIFFERENT THAN SOMEBODY COMING IN SAYING I WANT TO BUILD A BIGGER STRUCTURE I KNEW THIS WAS A SMALL LOT BUT I WOULD YOU LET ME BUILD A BIGGER STRUCTURE. TO ME IT’S A IT’S MORE JUST AN ISSUE OF. A CONSISTENT. DESIGN. OR BY USE OF THE- THE GARAGE AND- YOU KNOW IF WE HAVE THE GARAGE. IT’S GOING TO KEEP THE CARS OFF THE STREET I MEAN SO. I DO A T. TOOK THE- I COULD BE CONVINCED TO GRANITE BASED ON WHAT HE’S ASKING FOR. JUST ON. WELL I’M DEFINITELY NOT AN ARCHITECT NUMBER WHICH SHOWS SOMETIMES BUT IF YOU ASK ME WHAT KIND OF ROOF THAT WAS I’D SAY THAT WAS FLATTERING AND I THINK THE POINT OF THE CODE IS THAT I APPRECIATE WHAT APPLE GONNA SAYING IS THAT THE GARAGE WILL BE MORE CONSISTENT WITH A DIFFERENT PROPERTIES BUT I THINK THE POINT OF THE CODE IS THAT YOU WANT TO HAVE. YOUR MAIN STRUCTURE. THE CONSENSUS IS. WITH THE- YOUR- YOUR SURGERY WELL LINE AND I DO THINGS THAT IT IS. ASSUMING THAT THERE WAS A HARDSHIP AND I DON’T KNOW THAT I SEE THE HARDSHIP. I SEE THE DOUBLE GIVE WANTS TO DO SOMETHING THAT MAY BE MORE CONSISTENT WITH NEIGHBORS BUT THE SWIMMING THERE WAS A HARDSHIP. I DO THINK IT IT IS SELF IMPOSED IN ARCADIA. THIS IS WHERE I AM. I REALLY WISH THAT YOU ARE RIGHT THAT THE CODE INTENDED FOR THINGS TO BE A STATICALLY COULD BE WRONG LET’S JUST. THAT CODE CODE X. OR BECAUSE I DOUBT THE ZONING CODE IS. ISCARES ABOUT WHETHER OR NOT IT’S A MANSARD ROOF. VERSES THAT CABLE. BUT I WISH IT DID BUT I THINK THE ISSUE AT HAND IS THE HIGH. AND THE PITCH OF THE ROOF BUT- BUT I DON’T KNOW I WAS RIGHT. BECAUSE IT’S NOT GOING TO REALLY MATCH VERY WELL BUT. I DON’T HAVE THAT CODE EXCERPTED. THINKING THE ISSUE IN YOUR MIND BECAUSE- WELL WHAT THE ISSUE IS PROPORTIONALITY HI AM DEALS NOW ONLY AS A WAY TO SAVE THE RISE TO THE MAIN STRUCTURE. YEAH BUT THE CODES BUT I AND I GET THAT BUT THE CODE SPECIFICALLY IS REFERRING TO THE PITCH OF THE ROOF. IT’S THAT’S WHAT WORK WORK THE ISSUE HERE IS NOT REALLY THE PITCH I MEAN NOT THE. THE HEIGHT IT IS THE PAGE. THAT’S IN THE CODE IT’S THE. LET ME SAY AT WHAT RATE BUT YOU ALSO SEE. ARE YOU KNOW THERE ARE THREE THAT AND I THINK HE DID A GOOD JOB WITH THAT I’LL DO. IT BUT TO ME IT’S STILL A FLAT ROOF WITH WITH THAT. WITH WITH WITH ESSENTIALLY A FOUR K. THIS CHECK OUT A SHINGLE THIRD STORY YEAH. DESIGN FEATURES THE FACADE YOU’RE TALKING ABOUT SO. CAN I OPEN THE CAN YOU OPEN THE PUBLIC HEARINGS LIKE ASKING ONE QUESTION NOW YOUR MANSARD ROOF IS THAT SHE COOLS FINISHING OKAY THINGS THAT WILL BE SHUT OFF WHEN YOU THINK. CLOSE. ANY OTHER THOUGHTS OR EMOTIONS. SEE WHERE WE ARE OKAY I CAN’T BLAME HIM FOR NOT WANTING. YEAH I’LL BE HERE. OR THE OTHER. WELL CAN I ASK THE CUTS DEPARTMENT A QUESTION. WOULD HE BE ALLOWED TO BUILD A MANSARD ROOF ON HIS GARAGE. AND WITHOUT DOING AN EXAM BUT I HAVEN’T READ IT. I’LL OPEN THE PUBLIC HEARING IN. WOULD YOU BUILD A MANSARD ROOF ON YOUR GRADUATE HAVEN’T YOU I WAS ONLY SIXTEEN FEET IN HEIGHT TO BUILD IT SO YOU COULDN’T DO MUCH WITH THE MANTA GROUP. WITH THE SIXTY YEAH I THOUGHT IT WAS TO THE EIGHTEENTH. IS THAT DID THIS. THE BUILDING HIGH SAYS. THE WALLS CAN ONLY BE SIXTEEN FEET TALL. SO THERE LET ME ANSWER BECAUSE- THEY’RE INTERPRETING THE THIS THEY’RE MAKING ME FEEL HAVE A FLAT ROOF. FROM THE TOP OF THE SIXTEEN FOOT WALLS. BECAUSE IT HAS TO BE. THE SAME IS THE PREDOMINANT PAGE ON THE HOUSE WHICH IS ZERO SO THE BECAUSE THIS IS I THINK A SIXTEEN FEET WITH WALLS BUT WITH THE ZERO PAGE I’M GOING TO BE IT TOPPED OUT AT SIXTY. SO THAT WOULD BE THE TALLEST ACTED BUILT IT IF I WERE YOU DISAPPOINTED WITH THAT. IS THE DOWNSIDE TO DOING IT THE WAY COACH WANTS TO DO. IT DOESN’T MATCH WITH THE NEIGHBORS IS THAT THE ONLY THING. THAT TO ME IS THE MAIN THING WHAT WE KNOW WHEN I’M I WENT TO GREAT LENGTHS TO MAKE THE FRONT OF THE HOUSE. TRY TO MATCH YOU WITH THE STREET. IT’S SO WHAT NOW AS I LOOK AT THE GARAGES AND ALONG THE BACK SIDE OF THE STREET. WHERE THEY HAVE THAT IS. WHAT I’M PROPOSING IS MATCHING IN THE END LANDING IN. THE BEING CONSISTENT WITH THOSE STRETCH. I DID THE SAME THING ON THE FRONT OF THE HOUSE. NOW I’M TRYING TO DO THE SAME THING IN THE WITH THE GARAGES. IN THE REAR. SO DID A IT’S NOT A FLAT ROOF IS GONNA LOOK I’LL BE THE ONLY DOWN THE STREET WITH THE FLAT. SO YOU’RE JUST SAYING THE WAY THAT THE WAY THAT THAT YOU RECEIVE. THIS IS. WHAT WE SEE A BLACK THAT THERE’S NOT REALLY RATE IS CONSIDERED A THIRD STORY THE REVIEWS MUCH ABOUT. FLAT THIS WEEK SO YOU CAN EVEN THOUGH THERE’S AN EVE THAT WE SEE ON THE THIRD. THAT WE CONSIDER THE EVE AND FOR ALL THE RIGHT THINGS ABOUT. THAT THING RIGHT THERE THAT WE SEE THIS IS. THE RIGHT YEAH. THERE THAT WOULD BE TYPICALLY CORNISH OR P. THAT’S WHAT YOU WOULD CONSIDER IT BUT THAT’S NOT HOW IT’S BEING VIEWED. THE AND YEAH THAT’S THAT’S AN INCORRECT AND% IF YOU HAVE A RIGHT AFTER THE FACT THAT I’M LOOKING AT AN ANGLE AND THAT’S REALLY. THAT’S WHAT YOU LOOK AT THE SIDE YOU SEE THE MANAGER GREAT THAT’S ARCHITECTURAL STYLE IT’S- IT’S NOT SOMETHING. I CREATED THAT’S THAT’S JUST THAT’S A RELIEF. IT HAS A PITCH TO. IT THAT’S BEEN DOMINANT. PAGES WHAT ABOUT IN. AS A SECOND LANGUAGE THAT THAT IS REALLY. YEAH I GUESS THAT ABOUT. DOES SOMEBODY TO GO TO THE HOUSE YEAH THE ONLY RIGHT. AND LET ME JUST ASK YOU ONE MORE QUESTION REALLY FAST SURE I DON’T KNOW IF WE’D BE ALLOWED TO DO THIS BUT IF WE GRANTED YOU A VARIANCE TO THE BUILD A MANSARD ROOF ON THE GARAGE WOULD YOU BE AGREEABLE TO THAT. YOU DON’T IT’S NOT THE POINT THAT’S NOT WHAT I’M TRYING TO GET TO THE END THAT WOULD NOT BE CONSISTENT WITH THE OTHER GARAGES. LOCATED ON THE STREET IT WOULD BE THAT IT WOULD BE GREAT. HOW MANY FEET OF MY PROPERTY TO BE CURRENT SYSTEMIC ROOMS OKAY. BUT I MEAN OKAY YEAH THAT’S THE DOWNSIDE OF THAT THAT’S THE HARDSHIP YOU’RE WRONG ON THAT IT WON’T MATCH WITH. RIGHT YEAH THAT’S ONE OF THE IN THIS THE FACT THAT BECAUSE THE CODE ITSELF IS NOT APPLICABLE TO FLAT IT’S I DON’T THINK IT WAS EVER WRITTEN WITH THE THOUGHT THAT. PRINCIPLE DWELLINGS WOULD HAVE FLAT RATES WELL BUT I. IT’S IN THERE IN LIES THE OPPORTUNITY TO COME AND TRY TO GET IN THERE AND THE ADDRESS THAT YOU’RE ASKING US TO MAKE AN ASSUMPTION. ABOUT THAT ABOUT WHILE THE- RED ONE TO GO CLEARLY TALKS ABOUT THE **** DEPART BIRD ON THE WELL I GUESS SO BUT I MEAN I COULD I COULD DO A GROUP THAT. I CAN DO ALL SIXTEEN C. THEN I COULD DO A SLOW BUT A QUARTER INCH REFLECT. AND IT WOULD LOOK HIDEOUS. I NEED. A BIG WISH THAT BUT THAT WOULD BE FOLLOWING THE BECAUSE OF THE TICKET. GENERAL AREA THEY ARE YEAH BECAUSE WHAT I’M SAYING IS. THERE THERE’S NO OTHER BRAND DRIVERS SO YOU YOU’VE ALREADY GOT YOUR PERSONAL WELL AND DOESN’T. DOESN’T MATCH WITH THE NEIGHBORING PROPERTIES BUT NOW YOU WANT THE- THE- PROCESS RESTRUCTURED TO DO WELL AT THE LARGE WE’VE GOT ON. THE MANSARD ROOF. FALLS MORE IN LINE WITH HOUSES BUILT IN THAT ERA. THEN IT WOULD HAVE BEEN IF I HAD BUILT A TYPICAL TRENDY MODERN HOUSE. SUGAR CUBE TYPE PASSER. DID YOU SEE BUILT. UP THE CODE SO. THAT IT IS THAT’S- SO I DID I WENT TO THE. GREAT EXPENSE. TO TRY TO DO SOMETHING THAT I FELT LIKE BLENDED WITH THAT NIGHT WITH. WHAT I. THINK YEAH I THINK IT’S COMING I THINK IT IS THE MAIN STRUCTURES IS VERY NICE. TO MEET YOU ON THE OTHER I JUST I DON’T BUT I DON’T SEE OR TWO. I’M TRYING TO READ WHAT THE CODA SERVES AS- I MEAN I JUST I DON’T REALLY HAVE. A DO THINK THAT THERE IS A DILEMMA THE WAY IT’S- IS PRESENTED. YOU KNOW AND SO I DON’T I DON’T WANT TO TAKE THE SURVEY IS THAT THE CROWD BUT IF YOU ASK. MY GUESS IS IF YOU ASK WHAT’S THE REASON WHY. YOU GET A- LOT OF DIFFERENT THOUGHTS. AND WAS DISAPPOINTED IN THE ANSWER THAT. CHRISTINE IS QUESTION ABOUT. YOU KNOW IF YOU HAD A VARIANCE TO BASICALLY DO THE SAME FROM THE GARAGE AND THEN THAT WOULD SAY NO. YOU WANT TO DO THAT. THAT TO ME WOULD BE THE OBVIOUS. SOLUTION BECAUSE IT WOULD BASICALLY SAY YOU GOT THE SAME THING IN YOUR RESEARCH ABOUT HEIGHT BUT- JUST CONSIDER THAT TO BE. THE GARAGE WITH AB CLEARLY GOT IS THE DESIGN OF THE GARAGE IN MIND THAT HE WANTS TO DO I DON’T REALLY SHOW YOU HAVE AN ISSUE WITH THE GARAGE I THINK ROGERS. AS DRAWN IS BETTER. THAN THE BLACK RECALL AJ BUT I THINK THAT. IF YOU WANTED TO JUST. BE COMPLETELY CONSISTENT WITH CODE IF YOU HAD THE SAME. TYPE OF BOTH THE. YEAH THAT ONE HARDSHIP AGAINST THE OTHER AND SAY WHATEVER THEY ARE THEY THEY HAVE THE SAME SLOPE BECAUSE OF THIS THING. YEAH IT’S GOT OUR VALUES ARE YOU THAT. A. I HAVE A MOTION AT ANOTHER VARIANT. ALL RIGHT THERE’S A MOTION TO DENY THE VERY ANSWERS A SECOND ANY DISCUSSION ON THAT MOTION. ALL IN FAVOR OF THAT MOTION RAISE YOUR HAND SAY I. EIGHT THREE OPPOSED ALL RIGHT THAT MOTION PASSES FOR TWO. NEXT CASE LESS THAN THAT YEAH. NEXT CASE TWO THOUSAND NINETEEN THREE SIXTY EIGHT INVOLVING PROPERTY AT SIX TWENTY FIVE C. REVIEWS AVENUE THE APPLICANT FOR THIS CASE YES. AT THIS IS A VARIANCE REQUEST FROM THE MINIMUM LOT SIZE REQUIREMENT. BEFORE YOU IS ANY MAP SO YOU DESIGNING OF THE PROPERTIES ARE EIGHT. AERIAL PHOTOGRAPHY GIVING YOU A SENSE OF THE SURROUNDING AREA. SITE PLAN SUBMITTED BY THE APPLICANT AND FAMILY THE CURRENT CONDITIONS OF THE PROPERTY IS THERE ANYONE HERE AND POSITION THE CASE THREE SIXTY EIGHT. SEE NOW THE APPLICANT WILL HAVE FIVE MINUTES PLEASE MAKE SURE TO SAY YOUR NAME ADDRESS BEFORE YOU MAKE YOUR PRESENTATION. A I’M GERMAN SEE AND ADDRESS ONE OUNCE VINCE LANE. THIS IS A- LEGALLY CREATED A LOT BACK IN NINETEEN SIXTY TWO IT IS THE ONLY LOCK ARMORIES AND WACO. THAT IT IS LESS THAN EIGHT THOUSAND SQUARE FEET. I HAVE SEVEN THOUSAND EIGHT HUNDRED EIGHT FOUR SQUARE FEET A LOT. ONE HUNDRED AND SIXTEEN SQUARE FEET SHORT. HOW DID YOU DETERMINE IT WAS THAT. THE ONLY ONE THAT HAD. LESS THAN EIGHT THOUSAND SQUARE FEET WHEN I WAS WORKING IN THE CONSENT AGENDA. THAT WAS THE QUESTION I HAD AND WHAT WE HAVE CASES THAT ARE. RIGHT THIS CLOSE. WE LOOK AT. WHAT ARE THE OTHER LINES. AND A LOOK DID. THAT WITH THE CODE. AND WE DETERMINED THAT THE THREE HOUSES TO THE RIGHT OF THE THREE HOUSES TO THE RIGHT THREE HOUSES TO LAUGH TOTAL SEVEN HOUSES ONLY TWO WERE OVER EIGHT THOUSAND SQUARE FEET SO WHAT. WHAT IS YOUR DATE IT SAYS IT’S NOT. AND ACROSS THE STREET IT WAS ABOUT THE. HALF OF THEM WERE OVER EIGHT AND HAVE A MORE. RIGHT SO I DID YOU JUST SAY THAT I’M IS THERE WERE TWO STREETS AND THIS WAS THE ONLY ONE I MEAN IS IT. COMPLETELY MISSED. AND I APOLOGIZE. OUT OF THE- WAY. MY INTENTION THEIR- LARGE NUMBER DEVICE DRAWINGS OF UP AND DOWN RES WACO AND AGAIN RIGHT BEHIND US. EASES WELL WHEN I GO BACK THREE THOSE WE ARE THE ONLY ONE OF THOSE DUPLEX. LOTS THAT ARE NOT. THE FULLEIGHT THOUSAND SQUARE FEET SIX TWENTY FIVE WAKE IT WAS SEVENTY NINE HUNDRED SQUARE FEET DIFFERENCE OF NINETY SIX SQUARE FEET SIX FOURTEEN WHERE. IS OUR ALL. THAT H. B. OR IS THAT PART OF THE BUILT IN SEOUL. SIX FOURTEEN WAKE A WHICH IS JUST ON THE STREET OVER AT AT SEVEN THOUSAND EIHT HUNDRED EIGHTY FOUR SQUARE FEET WHICH IS MY EXACT SIZE BUT THAT THAT PROJECT WAS BUILT IN. BELIEVE IT WAS TWO THOUSAND SEVENTEEN. AND I SAID THAT ONE KIND OF SLIP THROUGH THE CRACKS WAS AT PREVIOUSLY APPROVED. SIX OH THREE RETIRED ND READ STREET IS SEVEN THOUSAND TWO HUNDRED FIFTY SQUARE FEET THAT WAS ALSO FREE FOR A- DID PLEX. THAT’S A DIFFERENCE OF ALMOST DIED. WHAT’S THE MATTER THERE IGHT HUNDRED FEET I’M LESS THAN ONE AND A HALF PERCENT. SHORT. OF THE REQUIRED EIGHT THOUSAND SQUARE FEET AND IN OUR PLAN OF COURSE WAS TO BUILD A VERY NICE TO FIT INTO THE CONTEXT OF THE NEIGHBORHOOD. AND WE’RE ASKING FOR THE VARIANCE TO. FORGIVE MY ONE AND A HALF PERCENT. SHORTAGE ON THE LOT AREA. SO BACK TO THE BACK TO THE ORIGINAL COMMENT WAS THAT IT WAS THE ONLY ONE AND YOU SAID YOU MISSPOKE AND I’M NOT SURE EXACTLY THEN YOU. WHAT WHAT WHAT HAPPENED I ABSOLUTELY MISS BUT- OUT OF LOOKING ON PERSONAL TAYLOR WHEN WE LOOK AT. THE FLEX IS THERE CURRENTLY BUILT. THERE ARE ON THE RIGHT SIDE AGREES I HAVE LIED ON THE EAST SIDE OF RES ALL THE WAY DOWN YOUR JACK WE WRITE THE BOTTOM HALF OF THE NORTH SIDE OF THE RES. YOUR SECULAR RIGHT WE’RE ALL IN THAT. RANGE. CASE THAT WAS JUST EARLIER ON LAYER ME. THAT’S THE CORNER OF RES VERY FAMILIAR WITH THAT PROPERTY AS WELL. AND I APOLOGIZE I GOT NERVOUS AND JUST COMPLETELY MISSED THE- ANOTHER GREAT PUBLIC WORKS. ANY QUESTIONS. SO IN THE SPECIFIC HARDSHIP IS YOU’RE CLOSE BUT NOT QUITE THERE IS ANOTHER. I I’M- LESS THAN ONE AND A HALF PERCENT TO HAVE THE EIGHT THOUSAND SQUARE FEET. AND THAT’S REALLY ABOUT THE SIZE OF ONE CAR. THE LIGHT JUST TO THE LEFT RIGHT EXCUSE ME RE ONE TWO THREE FOUR TO THE LEFT OF ME WITH MY LIFE I BELIEVE IS EXACTLY FIFTY FOUR. IS IT’S FIFTY FIVE AND THAT PUSHED HIM OVER. AND LITERALLY A FOOT IN EITHER DIRECTION WOULD MAKE ME. LOOK JUST LIKE EVERYBODY ELSE UP AND DOWN THE STREET. OKAY OKAY ANY QUESTIONS. WE WOULD HAVE OF COURSE SIDEWALK ELIGIBLE FOR WELL WE WOULD NEED TO BUILD SIDEWALKS THERE I DON’T HAVE THE WE DON’T HAVE THE FUHRMAN COURSE NOW AND I BELIEVE AS OF YESTERDAY THE SIDEWALK REGULATIONS CHANGED QUITE SUBSTANTIALLY. THAT WOULD BE SO WE WOULD AS BACK TO THE NEIGHBORHOOD. SATIATION IF THEY WANT TO SPLIT SIDEWALKS WOULD BE HAPPY. SUMMARIES I HAVE TO INIESTA HOLES. CLOSE TO THE PROPERTY AFTER SPEAKING WITH ANY S. THEY’RE GONNA MAKE ME PUT THOSE PROPERTY OR THOSE PULLED BACK ON THE PROPERTY ONE WHICH WOULD. ELIMINATE A LITTLE BIT OF A TANGLED MESS THERE. AT WHICH WE HAVE TO DO. OUR BACK OVER TO THE HOUSE. WHICH WOULD ALLEVIATE THAT SITE ONE OKAY. ALL RIGHT DID YOU HAVE A FORMAL SURVEY DONE I DIDN’T SEE IT. I DIDN’T DID YOU SUBMIT THAT TO US I DID NOT. DO YOU HAVE IT WITH. YOU ON COMPUTER MAPPING. BUT IT WAS THE IT IT SURE THIS. THE FIFTY FOUR FEET. THE SEVENTH YES THIRTY EIGHT EIGHTY SIX. OKAY WELLIN THAT THAT WAS TAKEN I MET I ALREADY EXPLAINED WHAT I. I DIDN’T PUT THIS ON DON’T GET SENT IT BASICALLY WAS BECAUSE THE IT IN THERE HAVE THERE WERE SOME THAT WERE ON CONSENT BUT THAT’S BECAUSE- THEY WERE. YEAH AND THEY WERE CLOSE TO YOU BUT ALL OF THE PROPERTIES WERE EXACTLY THE SAME SIZE AND IT LOOKED LIKE A SERVING ERROR. IN THIS CASE ALL THE PROPERTIES WERE NOT THE SAME SIZE BUT WILL CONSISTENTLY. SHORT YOU KNOW. LEFT A FEW WITH A FEW EXCEPTIONS. AND. SO I THOUGHT THAT THAT WAS SOMETHING THAT THE BOARD THE MAJORITY. AND AGAIN THIS AT. HOLD THIS TO BE. TRULY ACTUAL THE MAJORITY OF THE ONE THE MATH AND I DID FROM DOING A BREEZE BACK AT BACK TOWARDS THE BACKSIDE OF THE NATION’S THOSE ROLE TWO THREE FOUR HUNDRED SQUARE FEET SHORT AND. THE THEY WERE SUBSTANTIAL IF I REMEMBER RIGHT. OKAY. ALL RIGHT ANYTHING ELSE TO ADD NO SIR RIGHT WE’LL CLOSE PUBLIC HEARING BOX. WELL WE DON’T EVER THANK YOU FOR ALL THE WORK YOU DO ON THE CONSENT AGENDA SO I REALLY APPRECIATE ALL THE EFFORT YOU PUT INTO THAT. THANK YOU. IT TAKES A LOT OF YOUR TERM THAT WE DON’T AND THEN HE WON BEST TO GAIN ANY GIVEN US THE OPPORTUNITY TO HEAR IT. WELL THAT AND THAT THAT WAS JUST A MINUTE I MEAN. JOHN I WORK MY RULE OF THUMB IS FOR SOME OF THESE TAILORS AND IT GOES BACK TO THAT ONE CASE THAT WE HAVE. THAT YOU MADE THE POINT. DOES THIS ALLOW THE APPLICANT TO HAVE WHAT THE NEIGHBORS. RIGHT HAVE THEM BECAUSE THEIR LOT IS. A LITTLE GETTING OFFICE OR DOES IT GIVE THE MORE. AND IN THIS ONE IN THIS CASE IT WAS KIND OF FIFTY FIFTY AND- YOU KNOW A LOT OF THE NEIGHBORS THAT TO THE NEIGHBORS WERE OVER. ON THE SAME SIDE OF THE STREET AGAIN GOING THREE HOUSES OVER THREE HOUSES EITHER WAY OF THE SEVEN AND- THE OTHER SIX WERE EXACTLY THE SAME SIZE SEVENTY EIGHT EIGHTY SIX. AND IT IS ABSOLUTELY TRUE THAT IT’S YOU KNOW ONE PERSON OFF WHICH IS. THERE WE WERE REALLY CLOSE I THINK TYPICALLY CASE WHERE WE- HAVE GRANTED VARIANCES IN THE PAST WITH THAT KIND OF SMALL PERCENTAGE. BUT I DO THINK THIS IS IN A POSITION. TO GET THE OTHER NEIGHBORS COME IN I MEAN ONE THREE SIX. FOR THAT STUFF. WE PUT OURSELVES IN THAT PLACE AND WAVE AND WE DO NOT BECAUSE IN IN ONE CASE WE DENIED IT BECAUSE IT RIGHT ALLOW THAT NEIGHBOR HAVE FOR THE OTHER DIFFERENT WHICH I CLEARLY WOULDN’T HAVE AND THEY WORK CLOTHES YEAH THIS WAS THE ONE NEIGHBOR THAT WAS CLOSE IN THE DENIAL SO AGAIN IT. IT WAS GREAT ENOUGH FOR ME TO SEND YOU ALL. LIKE I GET A DEAL ANYWAY BUT. CAN YOU TELL ME IS IT WAS THAT THE ONES THAT ARE I JUST I JUST ASKING ONLY TO IT BECAUSE WE WERE AGAIN TALK AGAIN IT UNDER UNDER THE PREMISE OF. THIS IS THIS IS JUST ALLOW THAT THIS APPLICANT HAVE WITH OTHERS CAN HAVE AS THEY WILL LOOK AT THE THREE ON THE SAME SIDE OF THE STREET THE THREE ON EACH SIDE TO TOTAL SEVEN HOUSES OKAY ONES ON THE STREET AND IT WAS DETERMINED THAT. THAT TWO OF THE SEVEN NOT INCLUDING THIS ONE OF COURSE OR WOULDN’T BE HERE WERE EIGHT THOUSAND OR MORE AND SIX OF THIS ARE FIVE OF THE SEVEN MORE. AND THEN A CIVIL WHAT PRODUCT BUT ABOUT ACROSS THE STREET. AND I DIDN’T HAVE WE DIDN’T DO THE EXACT NUMBERS BUT WE SAID IT LOOKS ABOUT FIFTY FIFTY. SO MAYBE A LITTLE HIGHER PERCENTAGE OF ELIGIBLE ACROSS THE STREET. THEN ON THAT SIDE OF THE STREET TO GET IT IT’S. YOU KNOW I MAY BE A CASE WHERE. HALF OF THESE HOUSES GET IT AND THAT MAY BE A VERY THAT MIGHT BE IN. FOR THIS IS A HARDSHIP ON THE OTHER YOU KNOW YOU HAVE SOME THAT ARE. EIGHTY ONE HUNDRED SQUARE FEET IN SUMMER SEVENTY EIGHT HUNDRED SQUARE FEET AND THAT MAY BE WHERE THE DIFFERENCES YOU KNOW. IT’S FIFTY FIVE INSTEAD OF FIFTY FIVE AND FIFTY FOUR. FIFTY FOUR AND A HALF. WE PROBABLY WOULDN’T BE HERE YOU KNOW SO MAYBE DIVIDING IT UP. IT CALLS THE HARDSHIP HERE IN TERMS OF THAT GOING TO THE TO FULL FEET ON THE LOT SIZE JUST A PARTIAL FOOTAGE. BUT AGAIN WAS GREAT ENOUGH FOR THE- TO ME FOR THE BOARD HERE. SHOP AT. YEAH THE ONLY THING I’M LOOKING ON THE AERIAL IS IN THE NEIGHBORHOOD THERE ARE SOME. HISTORY YEAH THERE ARE SOME WHEN I WENT TO A TO A LOT. YEAH YEAH THAT’S MY ONLY AND I’M NOT A FAN OF HBO’S AT ALL BUT JUST SAID. I JUST SEE SOME OF THEM THERE. SEARCH TERMS OF. YOU GOT ALL THE FACTS FOR FOLKS LIKE AN. I THINK ONE AREA WITHIN. 5% AND CERTAINLY WITHIN TWO VERSION AT JUST TO ME THAT’S SO THAT’S SO CLOSE. THAT I THINK THERE NEEDS TO BE. SOMETHING OVERWHELMING TO THE ALSO THINK THAT PROBABLY THE CONSIDERING. SURVEYORS BASE THEIR WORK ON YOU KNOW THEN SOMETIMES IT’LL BENEFIT AROUND THREE YEARS OLD I WOULD BET THE ONE POINT FIVE VERSION OF THIS PROBLEM MAY WILL BE WITHIN THE RIGHT MARGIN OF ERROR FOR SURE RIGHT. AND SO AND ALSO THINK THAT. THAT WE’RE WE CAN ALLOW PEOPLE TO ACHIEVE DENSITY AND MAYBE MORE AFFORDABLE HOUSING. ALSO IS A GOOD THING SO YEAH I WOULD BE IN FAVOR OF. THAT EMOTION SURE ABSOLUTELY WE. YES I HAVE A MOTION AND A SECOND ANY DISCUSSION. ALL IN FAVOR OF THE VARIANCE SAY I READ YOUR HAND. IN A POST GOOD LUCK. EVERY I TAKE A QUICK BREAK. DOGA SENSE OF THE SURROUNDING AREA. THIS NOW IS THE SITE PLAN SUBMITTED BY THE APPLICANT AND FAMILY THE PHOTOGRAPH SHOWN YOU THE CURRENT CONDITIONS OF THE PROPERTY IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE SEVENTY GUESTS OF EACH SIDE WILL HAVE TEN MINUTES. PLEASE MAKE SURE YOU STATE YOUR NAME ADDRESS MISTER HARGIS BEFORE ADDRESSING THE BOARD AND THEN WE CAN PROCEED. NOTHING WAS DOING. SIDE EFFECTS ON. IF YOU SEE ON THE SITE ITSELF IS BASICALLY COMPLETELY AND STUFF. FORMALLY THE GAS STATION. OUR PROPOSAL ARTS BUILDING FOURTEEN UNITS THAT YOU SEE HERE. RELOADING. ARRIVED ON FIVE THE SURFACE LOCK. ARE SET BACKS AND WE ARE SENDING C. L. COMMERCIAL LIMITED SO ARE SET BACKS ARE REQUIRED TO BE FIFTEEN FEET OBVIOUSLY WITH THE DEDICATION OF FOURTEEN FEET. ON THE BORDER AND SEVEN HALF RIVERSIDE. MANDATE BY METRO BUT THE PLUS SIDE FOR THE FOR THE AREA WILL BE THE INSTALLATION OF CODE COMPLIANCE SIDEWALKS WHICH CURRENTLY DO NOT EXIST. AT THIS INTERSECTION AS YOU SAW IN THE PHOTOGRAPHS THIS INTERSECTION IS AN OPEN RAMP. AND FOLKS ARE CURRENTLY PARKING IN THE RIGHT WAY AT LEAST ON THE POOR SIDE AND- I DIDN’T NOTICE ANY ON MY VISIT FOR THE RIVERSIDE DR. BUT I. THINK IF YOU LOOK AT SOMETHING AERIALS. THEY ARE. SO YOU’RE NOT ADDING THAT I MEAN YOU’RE ALLOWED BY CODE FOR THE FOURTEEN UNITS YES SIR YES SIR THERE THERE’S NOT. THERE’S NOT A DANCE THE ISSUE LIKE YOU HAVE IN IN OREGON. AND WE ARE AND I’VE TALKED TO. KT TAPE SHE’S SHE’S HERE BECAUSE WE HAD A CHAT. BEFORE THE- HEARING A LETTER. ADDRESS HER CONCERNS BUT WE WANT THINGS WE TALKED ABOUT WAS THE OVERALL HEIGHT THE STRUCTURES WERE GOING TO BE COMPLIANT WITH THE SET. WITH A HEIGHT RESTRICTIONS. OTHERS HEIGHT RESTRICTIONS ARE THIRTY FEET AT THE SAT BACK AND THEN NO ONE AND A HALF ONE SLOPE SO FOR EVERY FOOT AWAY FROM THE- THIRTY FOOT MARKET CAN GO UP ANOTHER FOOT HOUSE. THESE UNITS IN AND- PRINCIPALLY WE TALK ABOUT THE ONES CLOSEST HER WOULD BE. A TWO FULL STORIES ABOUT THIRD. IN CLOSE STORY WITH A ROOFTOP PATIO. YEAH TYPE ARRANGEMENT ON THE. WE WENT TO THE CELTIC WHAT RICE BANK NEIGHBORHOOD MEETING ON AUGUST TWENTY SECOND MET WITH FIVE TO SIX NEIGHBORS NOPE NO GENERAL. OPPOSITION THERE WE SHOW THEM THE PLANS ACTUALLY HAVE A BETTER COLOR MARKED UP. I WILL BE INSTALLING A- BUFFER LONG MISSTATES PROPERTY BOUNDARY. THAT’S FINE BUT THAT’S THE BASE COLOR HAD OR ARE REQUESTED SETBACKS WOULD BE ZERO IMPORTER IN FIVE FOOT ON HER SIDE FROM THE FIFTY. REACH THE LEAD IN AND. PLAINTIFF PORTMAN IT RECOMMENDED APPROVAL AND THEN ALSO IS IN CONSIDERATION OF THE RIGHT OF WAY DID YOU DISCUSS. THAT THAT ACTUALLY TAKES INTO ACCOUNT RIGHT AWAY AND CAN YOU GOT SHOULD IT UP I RECEIVED YOUR AFTER YOUR YOUR INSTALL IN THE SIDEWALK YES WE ARE SO YES A EIGHT FOOT SIDEWALKS ON BORDER IN THE SIX FOOT ON RIVERSIDE AGAIN CURRENTLY JUST AN OPEN RAMP WITH. NO CURVING I THINK ON THEIR. I WAS NOT A SHOT CANCEL. ALL RIGHT GREAT ANY OTHER QUESTIONS OR ANYTHING THAT WE ARE WE’LL HEAR FROM THE OPPOSITION AND THEN YOU’LL HAVE SEVEN MINUTES INSIDE. THANK YOU MY NAME’S AT KATIE TATE I’M THE OWNER OF SEVENTEEN IS THREE EIGHT BORDER ROAD IT’S THE PROPERTY THAT SITS DIRECTLY BEHIND FIFTEEN TWENTY SEVEN RIVERSIDE DRIVE BEFORE I READ MY STATEMENT I HAVE A SIGNED NEIGHBORS LETTER THAT I LIKE TO SHARE WITH THE BOARD . MISTER HARGIS MENTION WE DID HAVE A CHANCE TO SPEAK SO I WAS RELIEVED TO HEAR ON SOME OF THE PLANS I UNFORTUNATELY MISSED THE NEIGHBORHOOD MEETING THAT HE MENTIONED. BUT I WANTED TO DRAW YOUR ATTENTION TO SEVERAL OF THE CONCERNS IN THE STATEMENT. PROVIDED ON IT WAS SIGNED BY TWELVE NEIGHBORS AT THE RIVERSIDE PORTER ROAD AREA. AND THE STATEMENT READS WE THE UNDERSIGNED RESIDENTS OF RIVERSIDE DRIVE IMPORTER ROAD THOSE BAKER DONALDSON APPEAL FOR A SPECIAL EXCEPTION FOR THE PROPERTY. AT FIFTEEN TWENTY SEVEN RIVERSIDE DRIVE CREATING A SPECIAL EXCEPTION AND THAT’S ALLOWING THE CONSTRUCTION OF FOURTEEN OF FOURTEEN UNIT DEVELOPMENT WOULD IRREVOCABLY CHANGE THE ARCHITECTURAL CHARACTER OF THE NEIGHBORHOOD. FURTHERMORE GRANTING SESSION EXCEPTION WOULD COMPOUND THE NEIGHBORHOODS GROWING PARKING AND ROADWAY CONGESTION AND WOULD DETRACT. FROM A PEDESTRIAN FRIENDLY STREET SKATE. THE EXCEPTION IS IN CONTRAVENTION TO CITY CODE SEVENTEEN TWELVE OH THREE FIVE D. AND SEVENTEEN TWELVE. OH SIX OH F. THREE FOR THESE REASONS FOR ASKING THE BOARD TO REJECT THE SPECIAL EXCEPTION AGAIN AS I SAID WE’VE HAD A CHANCE TO CHAT SINCE WE CAME IN. I DO FEEL THAT WELL I’M RELIEVED TO SEE THAT IT THIS IS NOT A HUGE STRUCTURE I AM STILL CONCERNED. ABOUT THESE TWO AREAS OF CODES THAT I MENTIONED SPECIFICALLY SEVENTEEN TWELVE OH THREE FIVE D. AND THAT ITS SHELL AS IT POINT TO STILL NOT AT THAT THIS STRUCTURE SHALL NOT CREATE AN ADVERSE IMPACT ON ADJACENT PROPERTIES. OR DETRACT FROM A STRONG PEDESTRIAN FRIENDLY ENVIRONMENT I UNDERSTAND THEY’RE PLANNING TO INSTALL SIDEWALKS. AND A MALL GENERALLY I THINK NEIGHBORS WOULD BE SUPPORTIVE OF THAT WE HAVE SUCH A HUGE PARKING CONGESTION PROBLEM ALREADY ON THE STREET. I’M CONCERNED ABOUT ANYTHING THAT WOULD REMOVE AND THAT PARKING AREA AT STREET PARKING AND ANY SURCHARGES MENTIONED. ALREADY THAT SECTION OF QUARTER ROAD RECEIVES A LOT OF CONGESTION ON TO THE POINT WHERE WE ARE CONCERNED THAT EMERGENCY VEHICLES MAY HAVE DIFFICULTY COMING THROUGH THERE IT’S A MAIN ARTERY INTO SOUTH INGLEWOOD FOR FIRE TRUCKS AND AMBULANCES. I ALSO CONTINUE TO HAVE CONCERNS ABOUT CODE SECTION SEVENTEEN TWELVE. ZERO SIX ZERO AT THREE AND THAT IS THAT THE APPLICANT SHALL PROVIDE EVIDENCE TO THE PORTAL TO THE BOARD. THAT THE PROPOSED BUILDING HEIGHT SHALL NOT CREATE AN ADVERSE IMPACT ON YOUR LIGHT SHADOW OR WIND VELOCITY PATTERNS DO THEY DO DO THE CONFIGURATION. OF. THE BUILDING. AGAIN. WE HAD A NICE CHAT ABOUT THAT I THINK. THE TWO STORIES IS REASSURING I AM CONCERNED A LITTLE BIT ABOUT THE MENTION OF HIS THIRD STOREY DECK AREA AND THAT THAT AGAIN THAT THAT MADE. CREATE AN ADVERSE IMPACT AS STATED IN THE CODE. THANK YOU. WHAT’S THAT WORD IMPORT OVER YOU DO YOUR- OWN LIST. WELL YOU’RE NOT SURE IF. YOU COULD SHOW THE MAP AGAIN WE HAVE TO SHOW YOU SO MY HOUSE IS DIRECTLY BEHIND ON THE BORDER SIDE IT SAYS HERE ON THIS MAP IT’S JUST TO THE RIGHT OF THE PROPERTY RIGHT. AND YOU SAID NORTH OF THE PROPERTY SOUTH OF THE PROPERTY OF. WITHOUT SEEING A COMPASS. I’M HAPPY TO POINT TO IT IF IT’S CONFUSING. YES. IT’S. THE HELP YEAH THAT’S RIGHT WE SAT YEAH IT SAYS REVERTED TO THE HOUSE BECAUSE RIVERSIDE OVER IT RIGHT YEAH. OKAY THEY THEY HAVE TO HAVE ANY QUESTIONS. ALL RIGHT WE’LL HEAR FROM THEM THANK YOU. MANNERS HAD BEEN WRITTEN IN THE IN THE LETTER MY NAME. IS OUR AD STATION ARE. SURE RIGHT. I DO THINK YOU KNOW I THINK ADDING A SIDEWALK ALONG RIVERSIDE IS A WONDERFUL IDEA AND I THINK THAT WOULD BE HELPFUL AGAIN TO MAKING THE AREA A PEDESTRIAN FRIENDLY I’M CONCERNED ABOUT THE SIDEWALK ON THE BORDER SIDE IS THAT IS WHERE WE STILL HAVE THAT PARKING IN ROADWAY CONDITIONS I WOULD SAY. THAT THAT PORTION OF THE. CONCERN BUT AGAIN BUT NOW YOU’RE SAYING THAT. HOW WOULD A SIDE HOW WOULD. HOW WOULD BE BUILDING A CODE COMPLIANCE SIDEWALK. NEGATIVELY IMPACT INGESTION SURE BECAUSE IT IS LIKE A FORD I MEAN THIS IS THIS IS. FROM WHAT I HEARD THIS IS THE CADILLAC OF SIDEWALKS I MEAN THIS IS THIS IS EVERYTHING THAT THE PLANNING DEPARTMENT. RING THE SIDEWALK SHOULD BE. SO BAD AND THEY MAKE IT LESS PEDESTRIAN FRIENDLY. IF I COULD ASK YOU TO TURN TO PAGE SEVEN OF THE DOCUMENT I GAVE YOU. IT’S MORE TO DO WITH THE PROBLEMS COMPOUNDING PARKING PROBLEMS IN THE AREA YOU’LL SEE THIS IS A SHOT OF BORDER ROAD. BECAUSE OF PARKING CONGESTION PEOPLE PARK. LARGELY IN THE ROAD ALREADY. SO I’M CONCERNED THAT THAT WOULD COMPOUND THIS ISSUE. RIGHT OKAY I’M. I STILL DON’T HAVE ANY. ANY CONNECTION BETWEEN BECAUSE DO ANYTHING TO THE ROAD I MEAN FOR YOU TO EVERY TIME I THE DENSITY ARE YOU TALKING ABOUT DENSITY OKAY SAID THAT EVERYTHING TO THE SIDEWALK THE SIDEWALK. DOESN’T HAVE ANYTHING TO DO WITH IT IT’S- I MEAN I I’M I’M NOT TRYING TO LOOK FOR THAT TO BE ARGUMENT IF I DID I REALLY THOUGHT THAT THAT’S WHAT YOU SAID AND I DON’T GET THAT. I UNDERSTAND THAT THAT FOURTEEN UNITS. IMPACTS DENSITY. YEAH BUT THEY HAVE A RIGHT TO DO THAT IS IN UNDERSTAND THAT YOU’D RATHER HAVE THE- PARKING LOT BUT- YOU CAN FORCE A BUILDING OWNER TO KEEP OUT. NO YEAH YOU THAT MEANS IT IN AND GET UP IN THE IN THE DID NOT THAT I WOULD WANT IT TO BE WITH MY YOU KNOW. I GET ALL OF THOSE THINGS YOU’RE SAYING. BUT I DO UNDERSTAND. YOU LIKE SAID THE DENSITY IN IT BUT I’VE GOT I DON’T. GO DON’T WORRY MUCH BUT I. YOU KNOW I WOULDN’T HAVE BEEN A BORDER ROAD IN. AND PARKED. ON A SIDE STREET FOUR BLOCKS OVER UNDERSTAND YOUR PARKING ISSUE. BUT I JUST DON’T KNOW. HOW THE SIDEWALK. TIES TO IT. AND I’M TRYING TO UNDERSTAND THIS AND NOT BE AN ARGUMENT IT REALLY TRULY TRYING TO UNDERSTAND. SURE AGAIN WITHOUT HAVING CITY CODE MEMORIZED BUT I MY CONCERN RIGHT NOW. IS I GUESS THE- DID I GET. FANNING THE SIZE OF THE RIGHT AWAY I DON’T THINK I’M USING THE CORRECT TERM THERE BUT AT. THERE IS NO CURB THERE AT THIS AT A TIME THERE’S NO CURB THERE CURRENTLY YEAH THEY’LL HAVE THEY’LL BE REQUIRED TO DO THAT BUT YOU’RE SAYING THAT THE ADDITION OF A CURB. BASICALLY PEOPLE ARE DRIVING ON. YES I SHOULDN’T BE AND THAT’S NOT A BAD THING AND IT’S AND IT’S NAME YOU KNOW THIS MAYBE ALSO CITY PLANNING ISSUE WHICH IS AGAIN ANOTHER REASON WE WANTED TO BRING TO YOUR ATTENTION OKAY. NOT EXACTLY YET AND THAT MADE THAT MAKES MORE CENTER STAND AND ANSWER IT BASICALLY IF PEOPLE ARE DOING EXACTLY WHERE THEY’RE SUPPOSED. TO BE IT WOULD BE CONNECTED BUT BECAUSE IF ONLY THEY DID. ALL ALL RIGHT UNDER THE ANY ANY OTHER QUESTIONS OPERATION THANK YOU FOR THE CLARITY. QUESTION YOU MENTIONED THE CODE SECTION ABOUT LIKE HEIGHT AND AFFECTING LIKE WHEN AIR. THAT PARTICULAR SECTION COULD YOU TALK A LITTLE BIT ABOUT HOW YOU THINK THAT WOULD SPECIFICALLY BE IMPACTED BY THIS DEVELOPMENT. SURE SO MOST OF THE STRUCTURES IN THE AREA OUR SINGLE FAMILY HOMES OR TOWN HOMES WITH AS A FORCE WITH THE EXCEPTION OF DIRECTLY ACROSS IT IS A MIXED USE. AREA WHICH HAVE BEEN PUT INTO TWO STORY BUILDING. I CAN EARN IS THAT. THE ADDITION OF THESE DECKS THAT ARE PROPOSED WILL ADD A LEVEL OF. WE’LL BE MAKE THESE STRUCTURES TALLER THAN MOST OF THE EXISTING STRUCTURES IN THE AREA. THANK YOU. IT FIRST AND WE HAVE SEVEN MINUTES. SET UP SOMETHING THANKS AGAIN FROM A STATE TALKING WITH US BEFORE THE MEETING WHAT WHAT TIME CAN TAKE A LITTLE BIT OUT OF ORDER THE SECTION SHE SIGHED AT SEVENTEEN SIXTEEN SIXTY F. THREE HIGH IT’S NOT APPLICABLES TO THIS REQUEST WE’RE NOT REQUESTING AND HIGH. LIKE SECTIONS ARE VARIANCES THERE AT WORK WE WILL BE COMPLYING WITH THE CODE. THE ZONING CODE. THIS PARCEL LINE CAN YOU DO YOU HAVE A DOES IT HAVE A ZONING MAP. I’M TRYING TO CALL FOR YEAH SO OUR OUR PARCELS. HIS OWN COMMERCIAL LIMITED WHICH PERMITS A THIRTY FOOT HIGH AT THE SET BACK AND THEN FOR EVERY FOOT YOU STEP AWAY FROM THAT YOU CAN GO UP ANOTHER FOOT HAVE SO WE’RE NOT IN ANYWAY ASKING FOR THIS BOARD TO GRANT SPECIAL PERMISSION FOR ANY ADDITIONAL HEIGHT ONE OUT ALREADY. HELLO BASE SO HERE’S WHAT IS THE STREET SO IT’S JUST A STRAIGHT SET BACK SOME KIND OF YOU CAN TAKE THAT OFF WITH THEIR REQUEST THAT OUT ON THE STREETS AT MY SIDE. IN CANNOT PREACH AT THESE PICTURES BECAUSE THIS IS. THIS ACTUALLY ILLUSTRATES MY POINT A LITTLE BETTER THAN NOT ATTEMPTED IN HER THIS PARKING IS RIGHT ALONG RIGHT ALONG FOR THE RIDE. THIS IS PAGE. SIX OF HER. THIS IS EXACTLY WHAT WE’RE ELIMINATING THIS IS GOING AWAY. WE ARE WINDING THE RIGHT OF WAY ONE STREET FOURTEEN FEET. SO THE ULTIMATE GOAL FOR PLANNING ITSELF MIGHT GET A- FROM WHAT I’M SAYING EITHER SIXTY OR SEVENTY FOOT RIGHT AWAY ON PORTER. STRANGE ENOUGH RIVERSIDE ALTHOUGH IT. YOU’VE GOT THE DIVIDED MEDIAN IT’S ACTUALLY AN EIGHTY FOOT RIGHT AWAY THAT’S WATER THAN SOME PORTABLE PEOPLE OF ORPHANS CAMP. SAME WE’RE WE’RE DEDICATING ANOTHER SEVEN AND A HALF FEET ON RIVERSIDE. SO IF YOU HAVE QUESTIONS ON MY MIND SO BECAUSE YOU’RE DEDICATING RIGHT OF WAY TO BUILD THE SIDEWALKS. THAT’S MOVING YOUR PROPERTY LINE IN IS THAT PART OF THE REASON WHY YOU’RE ASKING. IT’S THE VERY REASON ON PORTER YES. WE’RE GIVING UP THE RECORD SET NEXT. FIFTEEN FEET OFF OF THE EXISTING RIGHT AWAY AND. ADDRESS ASKING US TO DEDICATE FOURTEEN FEET. WHICH IS BRINGING MORE WE WERE IF THERE WERE NO RIGHT WAY DEDICATIONS THE ONLY SET BACK SPECIAL EXCEPTION WOULD HAVE WOULD BE ON RIVERS. IN THAT IN THAT WAY SO BUT THAT THAT’S THE THING I HOPE BRING SOME SURE KNOWS THAT THIS THIS SITUATION I CAN’T HELP ON NUMBER SEVEN THAT’S ACROSS THE STREET BUT- AT LEAST ON THIS PARTICULAR PROPERTY I WITNESSED THIS MYSELF. AND THIS. IS GONNA GO AWAY BECAUSE IT WON THE REASON. WE ARE GOING TO CURB IT WE ARE GOING TO. DO THIS AS MUCH TIME TO TALK ABOUT THE CAT LIKE SIDEWALKS WHICH- WARRANTY WHETHER EIGHT FEATS TO LIVE FOR ANOTHER DAY BUT THE GOAL OF THE US. WE HAD IT LOOKED AT DOING ON STREET PARKING TO COUNT TOWARD OUR REQUIREMENT TELEWORK SAID NO SO EVEN EVEN THE CITY WANTS THIS TO GO ONE OF THINGS WILL BE ACCOMPLISHING. THIS TO. TAKE COVER HER HOW WE DID MEET ALL PARKING REQUIREMENT YOU’RE NOT WAITING FOR POOR ACTUALLY REQUEST THREE ON PARK AND THERE’S ONLY ONE CURB. CAT ON RIVERSIDE TO ENTER AND EXIT THE PROPERTY FOR RENT. RIGHT AND IT REALLY DOES AFFECT THIS BORDER THERE MAY BE SOME SHIFT IN THE LOCATION OF THAT OR- ARE YOU IN MIKE ONE OF THE UNITS MIGHT PROVE. TO THE OTHER SIDE. THE IDEA TO TRY TO LINE THOSE TWO GRAMS ALL UP THE CROSS OF THE FUNCTIONAL TOWARD CHEAT ACROSS RIVER SON GO THE WRONG WAY BUT THAT’S SOMETHING WE’LL HANDLE PERMITTING I THINK PUBLIC WORKS. AND HOW MANY PARKING SPACES ARE YOU GONNA HAVE WE’RE GONNA HAVE TWENTY SPACES TOTAL ON THE PROPERTY. INCLUDING THE GRUB THERE WERE BLOODY GARAGES AND SEVENTEEN. UNDER THE SUN CAN. OUT I WOULD DISAGREE WITH THEIR WITH THE ASSESSMENT IN THIS STATEMENT THAT IT’S IN. CONTRAVENTION OF. OF SEVENTEEN THIRTY THAT. TO PROMOTE PEDESTRIAN FRIENDLY. IT’S ALWAYS BEEN SINCE THE ADOPTION THE EASY AND IN. AROUND TWO THOUSAND. THE ORIGINAL EASIER REQUIRED YOUR SAT NEXT TO BE ZERO. AND THE COUNCIL ACTUALLY AMENDED THAT TO. PUSH IT BACK BUT USED TO HAVE NO CHOICE. WE’VE HAD FOLKS COME TO THIS BOARD ASKING THE SCOOP BACK. WHICH SEEMS COUNTER TO IT BUT- BUT- TO PROMOTE A PRODUCTION FRIENDLY IS TO BRING THAT SET BACK CLOSER TO THE STREET. AND TO INSTALL THE SIDEWALKS TO HAVE THAT INTERACTION. AT THE STREET IS THE IS THE DIRECT OVER LATE ORIGINALLY. ANDRTING- SETBACKS SPECIAL EXCEPTIONS THAT CAME LATER. THE SETBACK SEXUAL SELECTION CAME. AS IF AS A RESULT OF THE ORIGINAL REQUIREMENT THAT YOU. YOU DIDN’T HAVE. BUT THAT’S HOPEFULLY THAT ADDRESSES SIR THAT I REALLY HAVE ANYTHING ELSE TO ADD. ANY OTHER QUESTIONS. QUESTION ALL RIGHT THANK YOU CLOSE PUBLIC HEARING. I THINK IT SEEMS LIKE A VERY APPROPRIATE REQUESTS FOR A SPECIAL EXCEPTION. SURE I WILL MOVE TO GRANT THE SPECIAL EXCEPTION REQUEST FOR THE STREETS THAT MAX SECOND. I HAVE A MOTION AND A SECOND ANY DISCUSSION. ALL IN FAVOR SAY AYE. ANY OF THOSE A PASS IS GOOD BUT THANK YOU. SPACE. SHE DID A GOOD JOB. TWO THOUSAND NINETEEN THREE SEVENTY FIVE ABOUT A PROPERTY AT ONE FOURTEEN AND ONE FIFTH FOURTEEN BE LINDLEY PARK DRIVE THIS IS A REQUEST FROM A DATE FOR A VARIANCE FROM SIDEWALK REQUIREMENTS TO CONSTRUCT TO SINGLE FAMILY HOMES WITHOUT BUILDING SIDEWALKS. PAYING INTO THE FUND. THE FOUR USES OWNING MAP SHOWING THE ZONING OF THE PROPERTY IS OUR SIX. AIR PHOTOGRAPHY GIVE SHOWING YOU THE PARCEL AND SURROUNDING AREAS. THIS IS THE SITE PLAN SUBMITTED BY THE APPLICANT AND FOUND THE PHOTOGRAPH SHOWN YOU THE CURRENT CONDITIONS OF THE PROPERTY IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE SEVENTY FIVE. SINGMAN HELP ADMITS TO MAKERS ARE PRESENTATION PLEASE BE SURE TO IDENTIFY YOURSELF BY NAME ADDRESS MY NAME IS MONICA SO THE I NOW RESIDE AT SIX SIX TWO SIX VALLEY DRIVE BRENTWOOD TENNESSEE. THE GIVE ME I THOUGHT I HAD FIVE CASES BEFORE MISS I’VE SOMETHING MY MOUTH. I’M HOPING THIS WILL BE A VERY QUICK DISCUSSION I CAN SAVE A FEW MINUTES FOR ANY QUESTIONS REBUTTALS IF NECESSARY. BASICALLY WERE ASKING FOR A VARIANCE FROM THE REQUIREMENT TO BUILD SIDEWALKS ON THE FRONT AND BACKSIDE OF OUR PROPERTY WE’VE HAD MANY DISCUSSIONS WITH THE COUNCILMEN BREAD WITH THEIRS. I BELIEVE WE CAME TO AN AGREEMENT AND HE EMAILS YOU. AND IF YOU ARE AGREEING WITH HIS RECOMMENDATION. NOT MUCH MORE I HAVE TO SAY. YOU’RE LOOKING FOR A HARDSHIP I MEAN JUST TO KIND OF TWEAK THE IDEA OF A HARDSHIP TO BE TREATED DIFFERENTLY THAN EVERYONE ELSE ON THE BLOCK AND ALL ARE THE NEIGHBORS IS KIND OF A HARDSHIP IN ITSELF TO BE UNJUSTLY SINGLED OUT AND GIVEN DIFFERENT TREATMENT FROM NEIGHBOR IS. IS WHY YOU KNOW WE SPOKE A COUNCILMAN HE AGREES WITH A PROPOSAL SO YOU’RE THE I GUESS. THE WAY I AND I DIDN’T SEE THE SITE PLANTED. I DIDN’T. UNDERSTAND THE SITE PLAN WHEN I SAW IT. THE PLANNING DEPARTMENT BASICALLY SAID THAT YOU SHOULD PAY FOR BOTH SIDES. BUT IT NORMALLY ON A CORNER LOT. IT’S NOT IT’S NOT UNCOMMON FOR PLANNING TO JUST SAY ONE SIDE OR THE OTHER RIGHT BUT YOU’RE THE STRANGENESS OF YOUR SITUATION IS THAT YOU FACED. TWO SEPARATE STREET TRY RUNNING YOU. YOU’RE ONE PARCEL THAT.PPRL INTO HOUSES. IT MAY APPEAR THAT THEY’RE SEPARATE BUT THEY’RE REALLY HE SAME AND SO YOU. ARE SAYING I AM A CORNER LOT AND KILL SOMEONE WEATHER’S JUST% SAID. HIS RECOMMEND WELL NO WE’RE NOT IN THE CORNER LOT. THE WHAT WE’RE NOT THEY’RE NOT A QUARTER YOUR BID. IT’S BEHAVING LIKE YOU KNOW YOU HAVE TO STREET SOME. PARTIAL EVEN THOUGH IT’S NOT A CORNER IN KELSO MOBILE THERE’S THAT. HE RECOMMENDS YOU JUST GO IN SEE. THAT FROM THE OTHER IS SOMETHING THAT’S DIFFERENT SO THAT THAT KIND OF SUMMARIZES IT. MIGHT MAKE SURE I UNDERSTAND RIGHT RIGHT EXACTLY AND JUST TO ADD A LITTLE BIT MORE ON THE BACKSIDE ON I THINK FOURTEEN STREET. THERE ARE OTHER HOUSES THAT FRONT THAT AND IN THE PAST THE RECENT PAST THEY’VE ALSO BEEN GRANTED WAIVERS FROM HAVING TO BUILD SIDEWALKS THERE. SO THAT’S KIND OF A HARDSHIP IN THE YOUNG JUSTICE IF FOR SOME REASON WE WOULD NOW HAVE TO BUILD SIDEWALKS ON BOTH PLACES. WHERE YOU KNOW NEIGHBORS DIDN’T. NOT TO MENTION THE PURPOSELESS AS A BACK TO HAVING A SIDEWALK THAT GOES TO NOWHERE BECAUSE THE OTHER HOUSES THAT ARE NEW. GOT A BARRY AND SO FOR DECADES THEY’LL BE NO BUILDING THERE AND THEY’LL BE NO SIDEWALK IT’LL BE CONNECTED TO NOTHING. AND LIKE I SAID THESE ARE DISCUSSIONS WE HAD WITH MISTER WITHERS AT LENGTH. AND YOU KNOW SO HE AGREED AND YOU KNOW LIKE I SAID I CAN GO INTO AN- ALL THESE ARGUMENTS AGAIN IF IT’S NECESSARY. OR IF YOU JUST KIND OF UNDERSTAND THAT IS THE COUNCILMEN WE’VE TALKED ABOUT IT AND YOU DON’T HAVE ANY OPPOSITION I CAN ANSWER ANY OTHER. QUESTIONS WHAT YOU’RE- RUNNING YOUR OWN WORK. IT LOOKS LIKE THE FRONT. PANEL WANTED MARKET IS ON SOUTH STREET BASE WHICH A LOT WAS A TOTAL FOR THE- YEAR. THE TOTAL FRONT TOTAL FOR. BOTH DID THAT IT IS IT FIFTY THREE IT LOOKS LIKE A MAYBE FIFTY FEET ON EACH. THAT SOUNDS ABOUT RIGHT I MEAN IT’S. ABOUT THE SAME FRONT AND BASS WILL BE A TOTAL OF A HUNDRED FEET. THAT SOUNDS RIGHT. MR PEPPER LOOKS LIKE IT’S FIFTY ON ONE SIDE AND FIFTY FIVE ON THE OTHER SO THE LINDLEY PARK DRIVE THIS FIFTY EIGHT FIFTY FIFTY FIVE. SO IT LOOKS LIKE ON OUR FROM OUR PARTS OF EUROPE. WHO IS THIS THIS IS UNDEVELOPED AN UNDEVELOPED LOT OF THIS IS BEING DEVELOPED NOW IT’S BEING BUILT. TO HELP THE BEE HOUSE ON EACH LINE YES. IF THAT ONE OF THE APPLICANTS IS GOING TO BE LIVING IN ONE AND I WAS ACTUALLY GOING TO BE LIVING IN THE US. TELL MIKE OW MOVED TO CARRYING GROWTH WAY ON THE OTHER SIDE OF TOWN SO NOW WE GOTTA DO SELLING THAT NOT. IN THERE. ANY OTHER ANY OTHER COMMENT. YEAH MEDICAL. DID. WELL THE. IT IS THAT IT’S I MEAN IT’S NOT A QUESTION OR DISCUSSION I’M JUST I’M JUST LOOKING AT. BUT. I UNDERSTAND THIS ARGUMENT WELL THEY DID THAT BUT THAT’S RIGHT. WITH EVERYTHING THAT NOW HE HASN’T HE HASN’T CHECKED INTO THAT HE HE SAID HE WOULD LIKE TO PAY ON LINSLEY WHICH IS WHAT BRAND WHETHER SUGGESTED AND BASICALLY THE ARGUMENT IS BEHAVING LIKE A CORNER LOT EVEN THOUGH IT’S NOT. IN THAT THAT’S THE BEST ARGUMENT TO. THE GERMAN DICTATOR YOU POINTED OUT THIS ABOUT THE CHANGE THE ART THE SIDEWALKS AND DECIDE WHAT MOVIE IT WAS GETTING READY TO CHANGE. BUT I GUESS JUST LET ME ASK YOU DOES ANYBODY HAVE A ANOTHER QUESTION FOR THE APPLICANT THAT I’M GONNA CLOSE THE PUBLIC HEARING AND THEN LISTEN OKAY. I WAS JUST ASKING BECAUSE YOU GET YOU. THEY COULD PLEASE BE GIVEN. AFTER THIS OPPORTUNITY TO FARM WORKERS THEY MAKE YOU. WELL YOU KNOW WE’RE ALL THESE MEAN THAT IT THIS IS METRO COUNCIL UNANIMOUSLY AS I UNDERSTAND IT. YOU KNOW SO YOU HAVE TO CONTRIBUTE AD THEY DIDN’T PUT ANY LIMITS ON THE SIZES AND I HAVE CONSISTENTLY WITH EVEN WITH PEOPLE THAT WITH MORE THAN A HUNDRED. IT’S WORTH A HUNDRED FEET OF FRONTAGE OF TAKING A POSITION I’VE GOT EITHER BILL OR OR CONTRIBUTE AND SO. WELL I’M PRESSING MY SING OUT YOU’VE GIVEN. PEOPLE OPPORTUNITY IN THE PAST TO WAIT AND SEE IF ALL THE MORE FOR A ROUTE. THAT IS I UNDERSTAND IT AND FROM OUR OUR. RECENT KIND OF TRAINING THIS SESSION WAS THAT. THE LAW ALLOWS THE PLANNING DEPARTMENT THE ZONING ADMINISTRATOR TO KIND OF GET ISSUED A SOLUTION AND IF THEY ALL CAME BACK OKAY AND THE- OTHER TWO PARTIES AGREED TO DON’T HAVE TO COME TO US AND IF THEY DON’T AGREE THEY CAN BASTION THIS IS A CASE WHERE. PLANNING HIS RECOMMENDED THAT THEY PAY ON BOTH SIDES AND THAT WITH THIS SAYING. NO I REALLY SHOULD PAY ON ONE AND THE COUNCIL MEMBER. IN THIS CASE HERE I DON’T BELIEVE HAS A SAY IN THE- IN THE NEW LAW BUT THAT CERTAINLY. YOU KNOW WHAT THIS IS USUALLY CONSULTED WHEN WE FEEL THE AGREES WITH THE APPLICANT AND HE IS A COUNCIL MEMBER THAT. HAS BEEN EXTRAORDINARILY PERSONABLE AND IT’S RARE FOR HIM TO SAY YOURSELF YEAH AN EXCEPTION TO THE RULE. BUT I DO THINK IN THAT DISTRICT HE HAS BEEN CONSISTENT ON A CORNER LOT AND- AND I THINK THIS ONE BEHAVES LIKE A CORNER WHILE INITIATIVES FAIR ENOUGH TO HAVE A DIFFERENCE OF OPINION. BUT THAT’S I. I TEND TO DO IT THAT WAY TO SAY. YOU KNOW THAT THIS IS A IT IS UNIQUE IN THAT IS IT’S TWO TO. FOUR INCHES AND- IT IS NOT UNCOMMON FOR US TO GRAPPLE WITH WHICH I HAVE TO. YOU HAVE TO REALLY. UNDERSTAND WHAT YOU’RE SAYING I’M WONDERING IF THE APPLICANT WOULD BE FINE HANG ON ONE SIDE AND DEDICATING THE OTHER. SIDE I THINK I GET YOUR DOUBLE FRONTAGE SO I’VE BEEN AT SOME POINT IT MIGHT NOT EVEN BE TO BUT WE DON’T KNOW WHAT HAPPENED IN THE FUTURE BUT- THAT WAS ONE OF MY QUESTIONS. JOE WILL OPEN THE QUESTION IS WOULD YOU BE AMENABLE. TO YOU’VE ALREADY SAID YOU’D BE WILLING TO PAY THE. INCLUDE FREE ON. LESLIE ACCORDING TO YOUR CONVERSATION WOULD YOU ALSO BE. WILLING TO DEDICATE THE RIGHT OF WAY FOR A SIDEWALK ON FIFTEENTH STREET. AND NOT PAY YOUR BILLS ON FIFTEENTH STREET WHEN YOU SAY DEDICATED BUT NOT PAGES IF THE CITY CHOOSES TO BUILD THE SIDEWALK THERE THEN THEY CAN COME IN IF THE CITY CHOOSES TO BUILD IT AND IT’S NO COST US I THINK WOULD BE IN AGREEMENT OKAY YEAH YEAH AT BUT BUT JUST FOR INFORMATIONAL PURPOSES. I’M CERTAINLY FINE WITH THAT BUT AGAIN IT WOULD MAKE NO SENSE BECAUSE ALL THE OTHER HOUSES ON THE BLOCK DON’T HAVE THE SIDE WALL WELL AND THEY MADE IT AND IT MAY NOT YEAH AND AGAIN. YOU’RE YOU YOU CAN ASSESS THE ODD YOU KNOW YOU’RE YOU’RE STRAIGHT BUT THAT. THAT’S NOT AN UNCOMMON. REQUEST FROM THIS BOARD BUT WE’RE NOT AGAINST THAT OKAY. SO YES I WAS. WE’RE UP CLOSE BOTH HEARING AGAIN. THAT IS A MOTION A MOTION THAT AT THE APPLE CAN. IS GRANTED A VARIANCE ON THE CONDITION THAT HE PAYS ME IN LIEU OF FEET ON THE MEN’S LEAGUE PARK DRIVE SIDE AND DEDICATE THEIR RIGHT AWAY FOR SIDEWALK IF. IT SO HAPPENS IN THE FUTURE ON FIFTY. GOT A MOTION AND A SECOND ANY DISCUSSION ALL IN FAVOR SAY AYE. OPPOSED. THAT PASSES FIVE TWO ONE NEXT PAGE THANK YOU. TWENTY FOUR ROSE ST THIS IS A REQUEST FOR A VARIANCE FROM FRONT SIDE AND REAR SETBACKS IN ORDER TO CONSTRUCT A SINGLE FAMILY HOME. BEFORE YOU IS THE ZONING MAP SHOWING THE DESIGNING OF THE PROPERTY IS R. S. BOB. AERIAL PHOTOGRAPHY GIVING YOU A SENSE OF THE SURROUNDING AREA. THIS IS THE SITE PLAN SUBMITTED BY THE APPLICANT AND FINALLY THE CURRENT CONDITIONS OF THE PROPERTY AS WELL AS UP AND DOWN THE STREET IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE SEVENTY SEVEN. SING ON IT HELLO FIVE MINUTES TO MAKE YOUR THAT PRESENTATION PLEASE BE SURE TO STATE YOUR NAME ADDRESS. I’M JONATHAN FOUNTAIN FIVE ONE ZERO FIVE COCHRAN DR NASHVILLE TENNESSEE THREE SEVEN TWO TWO ZERO. CAN YOU GO BACK TO THE R. S. FIVE MA’AM ONLY ONE PARCELS HIGHLIGHTED BUT THIS GOING TO BE. THE TWO PARCELS THERE RIGHT I’M GOING TO COMBINE THEM SO MOST TH TIME PEOPLE COME TO YOU GUYS RIGHT ONE OF THE TWO HOMES OF ONE LOT. I WANT THE ONE THOUSAND TO ONE. RIGHT AND WHAT IT WHAT DO YOU WANT TO DO THINGS A LITTLE WHILE YOU HAVE I WOULD I WOULD LIKE TO PUT. TO THEIR BUT WE’LL GET WE’LL GET A SECOND. SO FOR THE. THE FRONT SET BACK I THINK THERE’S CONTEXTUAL ARGUMENTS HE MADE THE THREE TWENTY ROWS STREET WHICH IS THE THIRD WALK TO THE RIGHT YOU CAN SEE THAT STRUCTURE SITS ON THE LOT LINE RIGHT SO THERE’S NO FRONT SET BACK THERE AND THEN THREE EIGHTEEN ROSE TREE WHICH IS THE ONE RIGHT NEXT TO IT IS ABOUT TWENTY FEET BACK. I GET BOTH WITHIN THAT TWENTY SEVEN FOOT. FRONT SETBACK THAT IS REQUIRED. HELP HELP FOR IS THAT FROM THE STREET. WHICH ONE EITHER I MEAN YOU SAY YOU WANT. TO BE A HELP OR IS IT ACTUALLY FROM THE STREET IT LOOKS LIKE THE PROPERTY LINE IN THE STREET OR- I DO NOT KNOW THE DISTANCE FROM THE STREET I KNOW THE PROPERTY LINE ALREADY. IS OFF THE STREET YEAH. BUT I DON’T KNOW HOW FAR THE PROPERTY ONES OFF THE STREET. THREE TWENTY ONE ROSE ST THREE SEVENTEEN ROSE ST AND THREE FIFTEEN ROSARY ALSO SEEM. TO HAVE. FRONT SETBACKS WASN’T TWENTY ONE. FEET AND I HAVE. A COLD LIKE THIS YOUR REST MEASUREMENT TOOL KIND OF THEIR THEIR PHONE SEX. AS FAR AS THE HARDSHIP ARGUMENT GOES IT DOES BACK UP TO FOUR FORTY CREATING OBVIOUSLY THE REGIONAL LOTS WERE WERE BIGGER WOULD ALLOW FOR ME TO MAKE FROT THAT FRONT SETBACKS AND REAR SETBACKS AND ALSO SIDE SET BACKS OUT BUT BILL TWO POEMS OBVIOUSLY FIVE. IF I COULD BUT- YEAH THERE’S A AGAIN THIS THREE FOOT SIDE SETBACK I’M NOT REALLY SURE MY PROPOSED SITE PLAN HAS TWENTY FIVE FEET ON THE WEST SIDE TWENTY ON THE SIDE I’M NOT REALLY SURE WITH THIS THREE FOOT SIDE SET BACK TO ITS BUT- CONTEXTUALLY. IS IT A BILL TO. IS IT A BILL TO. THIS IS A AN UNDERSIZED LOT UNTIL IT WOULD BE LEGALLY. THE UNDERSIZED LOTS OF THE UNDER THIRTY SEVEN FEET OR UNDER FIVE THOUSAND SQUARE FEET RATHER THAN TO BUILD TWO OF THREE FEET INSTEAD OF A SET BACK A FIVE. YEAR WILL DEVELOP FURTHER AWAY FROM THE SIDE THAN THEIR CODE REQUIRES YOU TO BUILD WHICH IS PROBABLY A- YES. YOU KNOW THE HOME WOULD HAVE. A- YARD OF SOME SORT IN THE PARKING ON THE OTHER SIDE DO YOU WANT YOU WANT A SHORTER. AND SHORTER SET BACK IN THE FRONT THE BACK THE CODE REQUIRES A. BIGGER SET BACK ON THE SIDE. YEAH JUST SO YEAH. CREATING SOMETHING THAT’S FIVE YEAH RIGHT. AND THEN FOR THE REAR SETBACK AGAIN THE CONTEXT THREE TWENTY ROSE ST THREE EIGHTEEN ROSE ST THEIR REAR SETBACKS ARE ALSO LESS THAN TWENTY FEET. AND THEN THREE SIX THREE SIXTEEN THEY GET ON THE ZEROS TAX MEASUREMENT TOOL OF THIS. I MEASURED IT IS JUST UNDER I DON’T KNOW THIS IS NOT A SOFT SERVE AT NDERSTAND IT’S NOT IT’S NOT PERFECT. AS FAR AS THE OVERALL LOT BEING UNDER FIVE THOUSAND SQUARE FEET. THERE’S ALSO CONTEXT FOR THAT WITH THREE TWENTY THREE EIGHTEEN AND THREE SIXTEEN ROSE ST ALL BEING UNDER FIVE THOUSAND SQUARE FEET. COMBINING THESE TWO LOTS WOULD CREATE A LOT LARGER THAN THAT OF THREE TWENTY AND THREE EIGHTEEN ROSE ST SO. THERE IS THAT WHEN COMBINED. THE LAW WOULD BE OVER. THAT THREE THOUSAND SEVEN HUNDRED FIFTY SQUARE FOOT MINIMUM. CODE. I BELIEVE THERE IS SOME PRECEDENTS IN THE INTERSTATE BEING HARDSHIP WITH CASE TWENTY NINETEEN TO THIRTY. WITH JAMES CROCKETT. WHERE HE HAD A LOT THAT BACKED UP TO THE INTERSTATE AND THE BOARD UNANIMOUSLY VOTED. THAT WAS LEGITIMATE HARDSHIP AND TREATED IT AS IF. THE INTERSTATE WAS NOT THERE. THAT IS THAT IS ALL I HAVE. BUT I HAVE THIS YEAR IF YOU GUYS WANT TO COPY THIS. ONLY ABOUT FIVE. WE OKAY YEAH. THE MOST OF IT A LOT OF. QUESTION SO WHEN YOU DO MAKE THE MINIMUM WATE YEAH THAT’S WHAT THAT’S WHY THEY’RE RUNNING THREE THOUSAND EIGHT HUNDRED AND- FIFTY SQUARE FEET IT’S OVER THAT THE MINIMUM AGREE. WITH THE MINIMUMS THIRTY SEVEN FIFTY. JUST SHUT THE GATE SHOWN UP HERE TOO. THE SURVEY FORMS BRING IT SAYS LOCATED IN OURS AS FAR AS AN INDUSTRY FIVE THOUSAND SQUARE FOOT MINERAL WATER THAT’S WHAT I WAS JUST TRYING TO VERIFY THAT SO YOU YOU DON’T NEED A- I SAW THAT TO. YOU JUST A VERY IT’S THE FRONT THE SIDE OF THE REAR CORRECT. THAT’S THAT’S ALL THAT’S ALL THE VIRGINIA. IT’S ON THE APPLICATION MISS WHAM IT IT DOES SAY AT THE BOTTOM. THERE IN OUR S. FIVE IT’S A FIVE THOUSAND SQUARE FOOT MINIMUM WANT AREA AND THIS COMBINED PARCEL IS THIRTY EIGHT SEVENTY SIX SO IF KIDS ARE AS FIVE AND FIVE THOUSAND WOULD BE THE BASE REQUIREMENT IF IT’S A LEGALLY NONCONFORMING LIGHT YOU CAN GET. THIRTY SEVEN FIFTY BUT IF YOU’RE UNDER FIVE THOUSAND LEGALLY NONCONFORMING. IF YOU’RE LEGALLY NONCONFORMING WHAT UNDER FIVE AND THAT’S WHERE YOU GET BILLED TO HE DOESN’T NEED A SEPARATE VARIANCE TO. BUILD UNDER THE FIVE THOUSAND THEN BECAUSE I DON’T. WHEN HE WAS. AS PART OF IT HE WOULD NEED TO HE WOULD NEED TO IBM BE GRANTED A VARIANCE TO BUILD ON A LOT UNDER THIRTY SEVEN FIFTY BUT IT’S NOT THIRTY TO FIFTY IT’S NOT IT’S IN EXCESS OF THIRTY SEVEN HE WOULD NOT DO THAT BARNES THEN HE IF HE COMBINES THEM HE WOULD NOT MEAN THAT MARY’S IF THE COMBINATION WOULD BE. HERE THAN THIRTY. OKAY. IS THAT RIGHT YEAH I WAS THANK YOU BUT- I UNDERSTAND IT NOW RIGHT. ANY OTHER DISCOUNTS. IT IS ANY OTHER QUESTIONS. ANYTHING ELSE THAT WE’RE CLOSE PUBLIC HEARING. THERE ABOUT THE HOUSES BUILT SEAMLESS LEISURE I NOTICED ACTUAL WELL IT IS TRUE ISN’T IT INTERSTATE DID YEAH YEAH LITTLE BIT OF A DIP DIFFERENT INTERSTATE WITH DIFFERENT HISTORICAL ISSUES FOR THE INTERSTATE BUT IT’S THE SAME. PRINCIPLE CONCEPT. AT YOUR END INTO THE MAIL IN ON THE SITUATION IS THAT THE BILL TO THE SIDE SETBACK IS NOT TO ME IS A NO BRAINER RIGHT IT’S YOUR BUILDING FURTHER WAY WHICH IS MORE CONSISTENT WITH WHAT THE HOUSES ARE. THE FIRST SET BACK IS NOT TOO MUCH OF IT REALLY NEITHER THE SET BACKS ARE BECAUSE OF THAT THE RIGHT OF WAY WITH THE INTERSTATE AND THEN THE FRONT. THE ROAD CLEARLY IS. YOU KNOW THE HOUSE NEXT TO. WORTH UNDER THE- WORD STREET IS THE ONE THAT ACTUALLY IS. OWNER OVER THE PROPERTY LINE AT THE FRONT AND THEY’RE STILL A PRETTY GOOD LITTLE WASTE OF THE- STREET AND I SAW A DEAD END STREET. I DON’T REALLY. I DID NOT HAVE AN ISSUE WITH THE REQUEST. EVEN I THINK ALSO WITH THE FRONT BECAUSE THE GOOD IS A CLASSIC CASE OF THE INTERSTATE COMING THROUGH MAKE AND THE LOT. ON CHARACTERISTICS. YOU DON’T HAVE AS MUCH ROOM TO BUILD TOWARDS THE BACK SO YOU NEED THE FRONT RIGHT NOT BECAUSE JUST BECAUSE THE WAY. THAT OUR STATE CHOPPED ALL THIS PLANNING CENTER. YEAH THERE’S A LOT. OF THE LOT HAS TO CONTAIN A MINIMUM OF THIRTY SEVEN HUNDRED SQUARE FEET. AND HAVE TO HAVE THAT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE SO IF HE IS NOW IF HE’S GOING TO COMBINE THE- LOTS NOW TO CREATE THAT LOT. THAT OBVIOUSLY WOULD BE AFTER THIS. ORDINANCE ALLOWS YOU A BUILDING THIRTY SEVEN FIFTY SO HE- HE CAN COMMAND A LOT BUT HE WOULD BE REQUIRED TO MEET THE FIVE THOUSAND SQUARE FOOT. SO IF COMBINE A LOT TO PROVIDE THEM FIVE THOUSAND SQUARE FEET CAN BE FOUND. IT IS THAT IT DOESN’T. WHAT THIS WHAT I’M LOOKING AT WHAT. SO IF IT DOESN’T PROVIDE FIVE THOUSAND SQUARE FEET THEN WHAT IS TO COME BACK FOR ANOTHER VARIANTS. I YEAH HE’D HAVE TO. HE YES YOU CAN BUY FOR THE MARION. OKAY SIR GET APPROVED THE THREE VARIANTS JUST TODAY THAT WOULD BE A LOT SIZE ARIANTS TO BUILD. ON A LOT THAT UNDER THE MINIMUM THIRTY SEVEN FIFTY. THAT IS NOT UNDER THIRTY SEVEN FIFTY ONES THERE COME. IN UNDER THAT UNDER THE FIVE THOUSAND GAS I’M SORRY. IS THAT NOT WELL THE AD AT THAT. I DON’T KNOW THAT THAT ANY OF THAT IS I MEAN. WHERE THAT’S NOT WASN’T NOTICED AND THAT WASN’T A PLOT FOR CORRECT SO I HAVE MADE FOLK AND BASICALLY THE BOTTOM LINE IS YOU MAY HAVE AN ISSUE GOT THERE WITH CODES AND YOU HAVE TO COME BACK. BUT THE THREE VARIANTS AS IT WERE NOTICED APART FOR RIGHT NOW A REALLY INDEPENDENT OF THAT QUESTION WHAT CAN YA CAN MAKE AN ORDER ONE WAY OR THE OTHER. DARIAN SAYS AND THEN WHEN HE COMES IN. YOU KNOW WITH THE SITE PLAN AND WE WOULD. WE MAY HAVE OTHER ISSUES WE NEED TO DEAL WITH OKAY. WE DID HE PUT ON MY APPLICATION NON CONFORMING LOT AREA. SO AND THAT’S WHAT I’M SAYING I DON’T. THAT’S WHY I WAS EIGHT WELL AS IS THE ANSWER ABOUT NON CONFORMING LOT. I DON’T THINK THAT THIS WOULD MEET THAT. PROVISION OF THE CODE TO BE A LEGALLY NONCONFORMING LOT BECAUSE THAT VERSION OF THE CODE SAYS. IF YOU WERE. CONTAIN THE MINIMUM A- MINIMUM THIRTY SEVEN FIFTY. AND EXISTED PRIOR TO THE EFFECTIVE DATE OF THE ORDINANCE. SO HE’S NOT LEGALLY NONCONFORMING. BECAUSE IF HE’S- A GOOD. RATING IT AFTER THAT WE’RE- NOT NOW THE ONE AND THE TINY LITTLE. YOU KNOW THE TWO INDIVIDUAL PARCELS WOULD BE. BUT IF YOU WANT TO COMBINE THEM AND RELY ON THAT. THAT WOULDN’T BE LEAVING NONCONFORMING YEAH JAKE IT COULD MAKE THE CASE FOR EACH OF THOSE. TWO LITTLE ONES BUT THE ONE BIG ONE HE’S GOT TO COME BACK FOR A VARIANCE WHICH SEEMS TO MAKE. SAYS BECAUSE IT BUT SAID JOB. LET’S LISTEN LET’S ADDRESS THE THREE VARIANCES THAT ARE BEING REQUEST. WHICH I HAVEN’T HEARD OPPOSITION TO. NATION RIGHT A LOT. YEAH THERE SHOULD BE A BLACK QUESTION IN THIS DIRECTION IF WE CONDITION THE AREAS ON. THE LOSS AND HAD TO BE. I THINK THERE ARE. THE. WHERE IT WAS IN ADDITION ON LINE. THIS IS A LITTLE BIT YOU’RE AT NOW IS TO IS TO YOU KNOW BUT ASSOON AS SHE CREATES THE LINE IT WILL BE THIRTY EIGHT HUNDRED AND SOME SQUARE FEET IS UNDER FIVE THOUSAND SQUARE FEET AND IT DIDN’T MAKE ANY THREE STILL GONNA COME BACK SO. THIS THEN YEAH YEAH I THINK I DON’T BUT THAT’S SOMETHING HE CAN DEAL WITH IT IT CODES BUT NOT ONLY HAT WE APPROVE THE VARIANCE THE FRONT THE SIDE IN THE REAR SETBACK AS REQUESTED BASED ON THE ODD SHAPE. OF THE LIGHT AND THE INTERSTATE GOING THROUGH. THE PROPERTY. AN EMOTIONAL SECOND ANY OTHER. DISCUSSION ON FAVOR SAY AYE RIGHT CAN YOU POSE. OKAY YEAH BRANCHES FAST YOU GO BY THE CODES AND FIGURE OUT IF YOU NEED TO COME BACK ABOUT FOR LOSSES. THANKS. A LOT IF YOU THINK ABOUT. THAT CASE. TWO THOUSAND NINETEEN THREE EIGHTY SIX. INVOLVING PROPERTY AT EIGHTEEN ELEVEN TWENTY EIGHTH AVENUE NORTH INTO THE VARIANCE REQUEST FROM THE FRONT SETBACK REQUIREMENTS IN ORDER TO CONSTRUCT A SINGLE FAMILY HOME. BEFORE YOU IS RUNNING THAT SHOWS ANY OF THE PROPERTIES ARE AS FIVE. AREA OF ATTACK IF YOU GET SHOWN YOU THE PROPERTY IN THE SURROUNDING AREA. THIS IS THE SITE PLAN SUBMITTED BY THE APPLICANT BEFORE YOU NOW AND FAMILY THE CURRENT CONDITIONS OF THE PROPERTY FROM THE RECENT SITE VISIT IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE EIGHTY SIX. SO THERE IS OPPOSITION EACH SIDE WILL HAVE TEN MINUTES PLEASE MAKE SURE TO DEFINE YOURSELF BY NAME AND ADDRESS. GOOD AFTERNOON MY NAME’S ERIC JOHNSON. I’M AT THREE FOURTEEN THIRTY THIRD AVENUE NORTH IN NASHVILLE THREE SEVEN TWO OH NINE. AND. WE BOUGHT THIS PROPERTY YEARS AGO AT EIGHTEEN ELEVEN TWENTY EIGHTH AVENUE NORTH AND WHEN WE WENT TO IT’S A LARGE PIECE OF PROPERTY AND IT’S A LITTLE OVER A THIRD OF AN ACRE SO WE THOUGHT WE WOULD GET A SAFE WITH THE POSSIBILITY OF SUBDIVIDE IT SO WHEN WE WERE SUBDIVIDED THROUGH THE SURVEYS WE REALIZE THAT THERE WAS A SEWER EASEMENT THAT RAN ACROSS THE TEMPLE. THROUGH THAT PROPERTY AND WENT TO A MEDICAL ON TWENTY EIGHTH AVENUE SIDE. WHERE THAT CAMERA DISABILITY. SO THROUGH THE US THE SUBDIVISION OF IT THE SEWER EASEMENT HAS CREATED REALLY A CHALLENGE TO FIND A BUILDING HIM HELLO FOR THE NORTHERN HALF OF THE LOCKED. I DON’T KNOW IF YOU ALL HAVE THE SURVEY OF IT. BUT WITH THE. BUT AFTER PLANNING APPROVAL OF THE SUBDIVISION OF THE LOTS WITH US KNOWING WHERE THAT SEWER EASEMENT WAS WE THOUGHT WELL WE STILL HAVE SOME ROOM TO PERHAPS BUILD. A SMALLER HOME SO. WE WENT TO ZONE AND THAT’S WHEN THEY SAID YOU’D HAVE TO BE COMPLIANT WITH THE HOUSES THAT ARE RUN IN WITH A TEMPLE BOULEVARD. AND IT DOES HELP YOU CAN SEE THOSE. LOOKING STYLE HOMES ON THE RIGHT HAND SIDE THEY WERE SITTING OFF THE ROAD ALMOST FIFTY FIFTY. AND THOSE ARE REALLY UNIQUE AS YOU CAN SEE. THEY HAD THEY HAD ALL THOSE CHANNELS THAT GO FROM BYLOT OLLIE NORTH. THEY WERE ALL BUILT BY THE SAME DEVELOPER AND THEY ALL HAVE. ACCESS THROUGH A DRIVE A SHARE DRIVE BRINGS THEM ALL TO THE- OF REAR OF THEIR HOMES. AND. FALL IS THAT WHEN THEY CONSTRUCTED THIS THEY WERE AS THEY- PROBABLY SHOULD HAVE BEEN TRIED AND TRIED TO BE COMPLIANT WITH TRYING TO. STAY CONSISTENT ON THAT FRONT SETBACK OF THE TWENTY EIGHTH AVENUE. THOSE ONES THAT WE CAN SEE FROM THIS PHOTO HERE THEY’RE ABOUT FIFTY FEET OFF OF A TEMP HOWEVER A TEMPLE HAS NO ACCESS TO THOSE PROPERTIES. BUT FURTHER UP THEY HAVE ANOTHER. PHASE OF THOSE THAT I DON’T THINK WE CAN SEE ON. ON THAT SHOP THERE HOWEVER. THERE’S A QUITE A FEW MORE OF THOSE HOMES FURTHER TOWARDS CLARKSVILLE HOW WOULD THAT AGAIN H. SHARE DRIVE WAY TO GET AN ACCESS INTO THE BOTH SIDES OF THE PROPERTY AND THOSE HOUSES ARE ALL MUCH CLOSER TO A TEMPLE BOULEVARD AGAIN I REALLY DON’T THINK THEY WERE CONSIDERING MUCH ABOUT SET BACKS ON A TEMPLATE. THEY WERE ABOUT. ACCESS TO THE REAR. PROPERTIES AND IN CASE OF THE TWENTY EIGHTH AVENUE COMPLIANCE. SO. I GUESS MY HARDSHIP IS NOW THAT OF THEY’VE APPROVED MA A SUBDIVISION OF THESE LARGE LOT. IF I HAVE TO SET AND WHAT ELSE I’M UP FRONT SET BACK TO THE TEMPLE SIDE FRONT SET BACK IF I’VE GOT TO GO BACK ALL WHITE ALMOST FIFTY FEET. IT FORCES ME INTO THAT SEWER EASEMENT AND I DON’T HAVE A BUILDING THEM IT IS FORTY FEET IN FORTY THREE. WHATEVER BACK REQUIREMENT FOR. WE LIKE THE FOUR HOUSES TO THE SIDE OF ME OR WHATEVER THE CONTEXTUAL STREET SET BACK AND IT WAS FORTY FEET IS WHAT THE AVERAGES THAT THE FORTY THREE IS REQUIRED WHAT’S REQUIRED. OKAY SO. AND AT TWENTY FIFTH AND MY HOPES IS TO PERHAPS GET A VARIANCE FOR A TWENTY FOOT SET BACK AND THAT WOULD STILL GIVE ME. A BUILDING ENVELOPE. OF. I COULD BUILD A BETTER. AND A HUNDRED AND- FORTY ONE SQUARE FOOT. ONE LEVEL. ONE STOREY ENVELOPE WITH A TWENTY FOOT SET BACK TO LOSE TWENTY MORE FREE. I DON’T KNOW IT PROBABLY BE A TWO HUNDRED SQUARE FOOT HOUSE. OFF ON THAT. THE CORNER THERE YEAH AND. YEAH I GUESS I’M HAVING A TOUGH TIME SHE HAD YOU HAVE A BUILDING IN BOTH AT ALL ON THE ONE ON. AT TEMPLE. BECAUSE IT LOOKS LIKE THAT’S THE REASON IT RUNS RIGHT THROUGH THE MIDDLE OF THAT MARSHALL AND THE ONE THAT FACES TWENTY EIGHT I’M NOT SURE I SEE WHY YOU CAN’T GO BACK FORTY FEET. YEAH I’VE GOT NO PROBLEM WITH THE WORLD WELL YEAH. THAT THAT LAW IT’S GOT PLENTY OF HIM. RIGHT NOW BUT I GUESS I DON’T I DON’T EVEN SEE. IF YOU GO MODEL. ANDY THIS IS NOT WELL THAT’S WHAT YOU DO YEAH YEAH. WELL SHOW ME WHAT YEAH BUILDING ENVELOPE. YEAH . YEAH I DON’T EITHER BASED ON WHERE THE SEWER EASEMENT IS HOW ARE YOU AND GO BACK TWENTY THREE NO I MEAN IT LOOKS LIKE THE SERIES BUT- BY SEX ENTIRELY. THE LOT. I KNOW BUT IT REALLY IS AND THAT PAGE THAT THE YOUNG LADY HAS IT SHOWS THAT IT’S KIND OF. GOING FROM THAT. I GUESS THAT WOULD BE IT TRACKS NORTH IN THIS IS SELF THAT. SOUTHERN CORNER KIND OF CROSSES THE LOCK. THIS IF I HAVE A QUESTION FOR CDES IT IF THIS WHAT’S ALREADY BEEN SUBDIVIDED THIS IS NOT HAVE TWO ADDRESSES. THAT WOULD HAVE BEEN AT TEMPLE ADDRESS IN A- TWENTY. TO PLACE ON THE REPLACE SOME. THERE’S A LOT AT THE DOCTOR YES HE SAID THAT IS SUBDIVIDED BUT THERE IS ONLY APPROVED AND THOSE HOUSES THAT ARE ON THE LEFT THEY ARE. A TEMPLE OF. ADDRESSES AND THEN THE ONES ON THE RIGHT OF TWENTIETH BUT AS IT HAS ALREADY BEEN SUBDIVIDED. IT’S BEEN APPROVED WE HAD RECORDED IT YET ONE OF ONE ZONING TO TRY TO BOMB A BUILDING. THEN WHEN IT IS I. GUESS I GUESS THE QUESTION IS IF IT’S- WHAT A DRESSER. IF IT’S BEEN SUBDIVIDED. THEN DON’T WE HAVE TWO PROPERTIES AND WE SHOULD HAVE TWO CASES ARE. AND. MISTER CHAIRMAN IT MISTER CHAIRMAN IT SOUNDS LIKE THE QUESTION IS THE DIFFERENCE BETWEEN HAVING HAD APPROVAL OF A SUBDIVISION THE ACTUAL RECORDING OF THE SUBDIVISION WHICH WOULD ULTIMATELY YOU’LL THE TWO ADDRESSES JUST LIKE YOU’VE REFERENCED AND YES IT WOULD BE APPROPRIATE IF I UNDERSTAND MISTER JOHNSON’S APPEAL TO GRANT A SET BACK VARIANCE IF THAT IS IN FACT THE BOARD’S INCLINATION ON THE ED TEMPLE SIDE WHICH WOULD EVENTUALLY BE IN AT TEMPLE DRESS WITH BECAUSE THOSE APPROVED SUBDIVISION HAS NOT YET TAKEN PLACE HAVE EEN FILED RECORDED. AS WILL EVENTUALLY BE THE CASE DOUBTLESS YOU DON’T HAVE AN EDIBLE ADDRESS HITS THE ADDRESS THAT SHOWS ON ALL OF OUR NOTICES AND ON THE DOCKET FOR TODAY’S DISCUSSION IT SOUNDS LIKE IF I’VE UNDERSTOOD THE APPEAL CORRECTLY IT’S JUST ON THE ED TEMPLE FRONTAGE MEANING THE SKIN TO BE CREATED SUBDIVIDED LOT WHERE THEY WILL BE THAT SETBACK VARIANCE STUFF LIKE OKAY ON THE TWENTIETH AVENUE SIDE IF I UNDERSTAND CORRECTLY THE ADDRESS THAT WE% HAVE TODAY IS TWENTY THOUSAND. PRESS BECAUSE THE OTHER ONE HAD BEEN CREATED YET. DID YOU BUY THIS LOT. THIS GIVES YOU WAS WHICH I UNDERSTAND SO DIVIDED BUT WAS ONE ALREADY BALL IS A- WHEN DID YOU BUY. IT WAS A- PROBABLY TWO THOUSAND NINE. AND WAS A SEWER EASEMENT. TO ME WHAT I DON’T KNOW IF ALL OF THE KNOWLEDGE. WHICH IS THE- AMOUNT. OF CROSS THE STREET IN SEE IT’S- NOT ONLY YOU KNOWOU- WHAT THESE BUT YOU WEREN’T GIVEN THE PROPERTY WASN’T CONDEMNED AFTER YOU BOUGHT IT FOR THE EASEMENT. THAT FAIR TO SAY IT IS. I WAS NOT AWARE THAT IN THESE CONTAINERS OVER THEN. IT WOULD HAVE BEEN THERE WHEN YOU. WHEN YOU BOUGHT IT AT AUCTION. SO RAISE A SERIES BUT- I BELIEVE IT WAS THERE EVER A FORTY THOUSAND NINE YES. ARE YOU TRYING TO GET AT THE SELF IMPOSED YEAH I MEAN I THINK IF YOU IF YOU. IT’S PRETTY CLEAR LOOK AT THIS THE PART OF THE SLOT TO FACE ISN’T AT TEMPLE AT THE SERENA RUN DRY. I’M SURPRISED ME THAT LOTS BUILDABLE DID YOU LOOK AT THAT JOB. IT IS NOT I CAN I CAN’T TELL THE WORLD BUILDING. I DID KIND OF SEE IT. BUT YES THAT IS OUR I’M GETTING AT IS I THINK. ANY OTHER QUESTIONS THIS POINT. DO YOU HAVE ANYTHING TO ADD AND I WILL GO TO THE OPPOSITION AND THEN YOU’LL HAVE FIVE MINUTES FOR REBUTTAL OKAY IS THIRTY DECEMBER ABOUT ALL. THIS. RIGHT PLEASE STATE YOUR NAME GOOD AFTERNOON MY NAME IS MELVIN KEEL EIGHTEEN TWENTY ONE IT TOPPLED BOULEVARD. AND TO GIVE YOU A LITTLE HISTORY THAT THROUGH A LAND THAT CROSSES THE SUBJECT PROPERTY HAS BEEN THERE PROBABLY. SINCE. THE LATE FIFTIES OR SIXTIES IT WAS. YOU MIGHT SAY ANY ILLEGAL SO A LOT. I DEVELOP PROPERTY THAT’S DIRECTLY ACROSS THE STREET. THERE WAS NO WATER OR SEWER ON THE WEST SIDE OF THE TEMPLE THERE WAS NO WATER OR SEWER SO THE CITY EXTENDED A WATER LINE FROM THE FIRE HYDRANT AT THE GOLF COURSE CLUBHOUSE. TO MY PROPERTY. AND THEY MATE OR THEY REPAIRED THE THROUGH A LAND THAT WAS ON THE PROPERTY THAT’S ADJACENT THAT WAS THE OLD ELDORADO HOTEL PROPERTY. SO WHAT THEY DID WAS A CITY TOOK OVER THAT THROUGH A LAN FROM THE WEST SIDE OF THE TEMPLE. ALL THE WAY OVER TO. TWENTY EIGHTH AVENUE NORTH. AND THAT’S WHAT HAPPENED AND THAT’S ALWAYS BEEN THERE IT WAS THERE WHEN. HE PURCHASED PROPERTY THAT’S WHAT THE ISSUE IS NOW. AS A SINGLE LOT IT’S BUILDABLE. HE WANTS TO DISTURB OR NOT KEEP IN LINE WITH THE IN COMPLIANCE WITH THE ESTABLISHED DEVELOPMENT PATTERN OF THE AREA THE HOUSES THEY FRONT A TEMPLE BOULEVARD A SET BACK FORTY SEVEN FEET. THE ONES THAT FRONT TWENTY EIGHTH AVENUE NORTH THE SET. THIRTY FOUR FEET. WHAT HE’S PROPOSING IS TO HAVE A SET BACK THAT WOULD ALLOW HIM TO EXPAND TWENTY. SEVEN FEET IN FRONT OF THE HOUSES THAT ARE FACING IT. NOW WHAT WHAT IS ACTUALLY HAPPENING IS THE SEWER LINE. THIS CREATED WHAT IS CONSIDERED PERHAPS A AND IF THE REGULAR SHAPE LOCKED. BUT BECAUSE THIS WILL LAND CAN BE RELOCATED SO THAT HE CAN HAVE A OF RECTANGULAR SHAPED LIGHT HE HAS AN OPTION. HE ACTUALLY CREATED. THE HARDSHIP THAT HE’S CLAIMING HIMSELF BASS SUBDIVIDING THE PROPERTY. HE HAS AN APPROVED SUBDIVISION NOW FOR THAT PROPERTY BUT THE BAD THAT PROPERTY IN HALF. NINETY NINE FEET ON. FROM THE TWENTY EIGHTH AVENUE SIDE IT’S- NINETY FOUR FEET DEEP FROM THE TEMPLE OF THE LICENSE. IF THAT SLOW LAND IS RELOCATED SO THAT IT RUNS ALONG THE H. SEVEN H. OF THE PROPERTY I THINK HE WOULD HAVE A BILLABLE BILLABLE SPACE. SO ARE YOU YOU KNOW TO ME IT’S I SUBMITTED PRIOR TO THE DATE. OF BIRTH WE HAVE A WE HAVE YOUR LETTER OKAY AND YOU HAVE THOSE PHOTOS THAT YES OUR DOCTORS OR WHATEVER I’M I’VE BEEN LOOKED OVER ZEALOUS IN. HOWEVER. HE SUBMITTED OUT I WAS VERY IMPRESSED. SO I WAS SHOWING SET BACKS I ACTUALLY DIDN’T SHOW THE SEWER LINE BECAUSE YOU HAVE A SITE PLAN SHOWING THE SEWER LINE. BUT IF I BELIEVE YOU SHOULD BE GLAD MY COUNCILMAN UNFORTUNATELY COULDN’T BE HERE AND WHAT I WOULD LIKE TO LEAVE WITH YOU TOO SOME SOME SIGNATURES THAT I GOT FROM A NEIGHBOR OF NEIGHBORING PROPERTY OWNERS WHEN THIS IS OVER WITH BUT- YEAH MY COUNCILMAN IS OPPOSED TO BECAUSE HE WOULD LIKE TO STAY WITH THE ESTABLISHED DEVELOPMENT PATTERN. OF THAT PARTICULAR BLOCK WHICH IF YOU GRANTED THEY WOULDN’T BE AND IN ADDITION ANY RESIDENTS OR PROPERTY OWNERS OF THE PROPERTY FOR A HOUSE THAT IS TWENTY FEET FROM A TEMPLE BOULEVARD IN MY OPINION WITH WHICH WOULD CREATE AN ADVERSE IMPACT PSYCHOLOGICALLY. PHYSICALLY FOR THE PROPERTY BECAUSE OF THE HIGH VOLUME TRAFFIC THE NOISE AND DUST AND I THINK THAT’S SOMETHING ALSO SHOULD THAT SHOULD BE CONSIDERED I JUST DON’T THINK I HAVE TO BE THAT CLOSE TO A MAJOR STREET IS REQUIRED TO BE FORTY FEET BACK BECAUSE BUT BECAUSE THE HOUSE IS THAT THERE ARE FORTY SEVEN FEEDBACK. HE SHOULD BE SET BACK THE SAME DISTANCE FROM A TEMPLE. AS THE NEAREST FOR HOUSES TO HIS PROPERTY. AND HE’S HE’S ASKING TO BE PUT PUT FORWARD ON THAT. YOU GET TO GO AHEAD IF YOU WANNA HAVE AFTER SURVEY AT THAT I DON’T HAVE ALL THAT I KNOW I JUST GET ONE ONE GUY DIDN’T REALIZE THE THAT I SHOULD THAT. I SHOULDN’T SAY I DIDN’T REALIZE I JUST DIDN’T GET A COPY OF THE SIGNATURES I JUST WANT TO WANT TO LEAVE. AS A RECORD. I DON’T KNOW THAT IT WON’T MATTER NECESSARILY. BUT I WAS STILL MAKING COMMENTS BECAUSE THAT IN WHAT HE WHAT THE OWNER IS DOING HIS AND HE’S WANTING TO MAXIMIZE IT THE DEVELOPMENT POTENTIAL OF THE PROPERTY. AND BY DOING SO HE CREATED THAT THAT UNUSUAL CIRCUMSTANCES STEFFI A SEWER LINE SHOULD NOT SHOULD NOT DICTATE THE SHAPE OF PROPERTY SINCE THEY CAN BE MEAN. AND I AM I’M OPPOSED TO THAT. MISTER GILL ALSO I WOULD LIKE TO START. CAN YOU TELL ME ABOUT IF WE CAN KEEP COMING DOWN WHERE THE SECOND PROPERTY IS WITH THE RED DOT. COMING DOWN THE SIDE WHAT HAPPENS WHAT IS THE NEIGHBORHOOD. THIS CHURCH PROPERTY. THAT CHURCH PROPERTY FROM FROM THE LOOK ON HIS PROPERTY ALL THE WAY TO BUCHANAN STREET. BETWEEN A TEMPLE IN TWENTY EIGHT BELONGS TO HOW WOULD CONGREGATION CHURCH OKAY. OKAY. THE QUESTION STILL MUST WILL NOT AND I JUST WANT TO POINT OUT THE FACT THAT WHEN YOU DEVELOPMENT PROPERTY LIKE THAT IS NO DIFFERENT THAN ABOUT A PIECE OF PROPERTY WITH A HOUSE YOU DEMOLISH A THAT’S PART OF CONSTRUCTION COSTS WE DO ON THAT TO GET THE MAXIMUM DEVELOPMENT POTENTIAL YOU SHOULD BE ABLE TO RECALL RELOCATE THE SEWER LINE AND THIS. TO ME THIS IS THAT SIMPLE IT’S A COST BUT I DON’T KNOW THAT THE BOARD IS IN IN A POSITION TO SUBSIDIZE. THE DEVELOPMENT COSTS OF THE PROPERTY. RIGHT. WHAT I GIVE IT TO YOU JUST GIVE IT TO ME AND I’LL FORGIVE IT ACTUALLY GOES IF THE- FOR THE RECORD. ALL RIGHT THANK YOU WILL HEAR BACK FROM THE APPLICANT. AND I’M NOT SURE HOW MANY MINUTES YOU HAVE A LOT OF SPOTS. AND SOME. WELL I UNDERSTAND HIS POINT. THE ACTUALLY REALLY. IT’S AN R. S. FIVE ZONE AREA AND YOU KNOW GONE ALMOST FIFTEEN THOUSAND SQUARE FEET SO I’VE ALWAYS THOUGHT WHEN I PURCHASED IT THAT THIS THING PERHAPS COULD BE SUBDIVIDED. IT’S A. IT’S NOT FAR TOO THIS WOULD BE AN EXCELLENT PLACE FOR ME TO BUILD A HOME EVENTUALLY AND WHAT I DO IT’S GOING TO BE A ONE STORY I’M AT THAT AGE SO REALLY THE SEWER EASEMENT. DID THROW ME OFF A LITTLE BIT AS FAR AS THE FOOTPRINT. MR A GILL WAS CORRECT ALL THAT PROPERTY THAT’S CLOSE TO A TEMPLE LET’S ALL THE. I THINK IT’S OUR CHURCH OR SOMETHING BUT IS A WELL ESTABLISHED CHURCH IT’S BEEN THERE FOREVER BUT IF YOU GUYS WOULD LOOK. JUST UNDERNEATH THE ADDRESS OF EIGHT TEN ELEVEN THE LOT THAT’S NEXT TIME TWENTY EIGHTH AVENUE PORTION. IS IN ANY AS POWER STATION. AND SO FOR ME. THE BUILDABLE AREA AS IT SITS NOW PERHAPS. WITHOUT. THE EXTREME EXPENSIVE MOVE IN A- YOU KNOW THAT LOT IS LIKE IT’S ALMOST. TWO HUNDRED FEET OR SOMETHING BUT IT DIDN’T THAT. IN PART PART A LOT WAS SO BIG. TWENTY YEARS THE UNUSUAL SIZE OF YOUR LIFE WAS IN PART BECAUSE- THOSE ARE THE- SIXTY YEAR OLDS WHO WERE THERE. I MEAN IT IT’S NOT YOU KNOW I MEAN IT I GUESS I’M JUST REALLY TRYING TO STRUGGLE WITH THE QUESTION OF. YOU KNOW HOW DID YOU NOT CREATE THIS SITUATION. HI THIS IS NOT SELF IMPOSED THE BECAUSE YOU HAVE. A VERY BUILDABLE LOT FROM THE TWENTY EIGHT SOUTH AVENUE SIDE. WITHOUT NEEDING ANY SETBACKS. AND THE TABLE SIDE. IS PROBABLY NOT. BUILDABLE BECAUSE OF THE SEWER GOING DOWN TO. THE MIDDLE OF IT. AND BY CHOOSING TO SUBDIVIDE IT. YOU’VE CREATED A HARDSHIP ON THE SIDE THAT AND IT IS THROUGH SO DIVIDED DID THAT THAT I DISCOVERED THE SEWER. RIGHT SO IT’S NOT LIKE. I KNEW ABOUT THAT SO ONCE SO THEN ONCE I REALIZED MY BUILDING ENVELOPE. HAS GOTTEN SMALLER AND THEN I REALIZE WITH THE SET BACKS ZONING WITH PULMONARY. INQUIRY TOLD ME THAT HEY YOU GOT TO BE COMPLIANT WITH THE HOUSES. TO THE RIGHT IF YOU THAT’S WEN I REALIZED THAT MAYBE I HAD A POSSIBLE. ARGUMENT BECAUSE I DO BELIEVE AGAIN IN MY HEART OF HEARTS. THAT DEVELOPMENT THAT’S TO THE RIGHT OF ME SIR THAT HAS. ACCESS THROUGH A DRIVE IS NOT A TYPICAL NEIGHBORHOOD AS- TO THE- OTHER SIDE OF TWENTY EIGHTH AVENUE. WHERE EVERYBODY HAS THEIR OWN DRIVEWAYS EVERYBODY HAS THEIR OWN PHONE ELEVATION OR ANY OF THOSE TWENTY FEET FROM THE ROAD. I BELIEVE SOME OF THOSE ALL. ON ACROSS THE STREET IF I MADE AN ALBUM IN OUT. OF ALL ENDED WITH WITH BECAUSE OF THOSE DRIVES PULL IN IN. THEY HAD NO CONSIDERATION. FOR THAT SET BACK OFF THAT STREET AT THAT TIME THAT THEY MAY HAVE. THEY MAY HAVE A FORTY FOOT SETBACKS THESE DAYS BUT IF YOU GO UP FURTHER. TOWARDS PARTIAL HIGHWAY IN THAT OTHER PHASE AT THAT SAME DEVELOPER BUILT. ALL THOSE HOMES THEY’RE NOT FORTY SEVEN FEET OFF. A TEMPLE BOULEVARD. ANY QUESTIONS. ANYTHING ELSE THAT TAKES THEM ARE GREAT WE WILL CLOSE THE PUBLIC HEARING THANK YOU. THOUGHTS. OKAY WE GET THERE. YEAH. I DON’T SEE HOW THEY FEEL SOMETHING CLOSE. WE ARE THE MODEL OKAY. MOTION MOTION. USER MOTION AND VARIANCES R SECOND MOTION ANOTHER VERY ANSWERS A SECOND ANY OTHER DISCUSSION ALL OF THE WORKERS ON THE VARIOUS REGION AND VERY. SIMPLY NOT. THANK YOU. NEXT TAKE. PENDING ON OUT OUR SHORT TERM RENTAL DOCKET. AGE THIRTEEN. WE’RE GETTING THERE THE FIRST CASE ON THE SHORE TERMINAL BACK IN HIS CASE TWO THOUSAND NINETEEN ONE EIGHTEEN INVOLVING PROPERTY IS SIX TWENTY SIX HUNTINGTON PARK.E OF A PERMIT DUE TO OPERATION PRIOR TO OBTAINING A PERMIT IS THERE ANYONE IS THAT PALIN HERE FOR ONE EIGHTEEN. SIX TWENTY SIX HUNTINGTON PARK WAY CODY LIVE FEVER. THE PHONE YOUR MOVE THAT WE DEFER THIS ONE MEETING WE HAVE A DIFFERENT THIS. NOT I DON’T THINK SO THAT’S AN OLD NUMBER WHICH MAKES ME WONDER BUT I DON’T. THINK THAT WE HAVE. WELL THE WORLD A MOVE THAT WE DEFER THIS AT LEAST ONE MEETING THANK YOU JUST ONE MORE MEETING. SECOND IN THE OPPOSITE END OF DISCUSSION ON. ALL RIGHT THAT WANTS TO FOR CASE 200-019-3407 INVOLVING PROPERTY ABOUT EIGHTY TWO WHISPERING HILLS DR ANOTHER CHALLENGE TO THE DENIAL OF A PERMIT FOR OPERATING WITHOUT A WITHOUT THE PERMIT IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE FORTY SEVEN. RIGHT BEFORE THE TALENT MAKES YOUR PRESENT IT YOU’LL HAVE FIVE MINUTES FOR YOUR PRESENTATION BEFORE YOU MAKE YOUR PRESENTATIONS AT MAC MY BRAIN IS HERE ON WILL MAKE A PRESENTATION ON BEHALF OF STAFF AND THEN YOU’LL HAVE AN OPPORTUNITY TO RESPOND. GOOD AFTERNOON BALLER. CASES ADVERTISING OPERATING SHORT TERM ROLLOUT PERMIT. THE FIRST ONLINE ACTIVITY OCCURRED ON MARCH THE EIGHTH TWENTY NINETEEN APRIL OF TWENTY NINETEEN FIRST DOCUMENT STAY MAY THE THIRTIETH OF TWENTY NINETEEN THE HOST CEASE AND DESIST LETTER WAS SENT. ESTIMATED DELIVERY ON JUNE THE SEVENTH. ADVERTISEMENT REASON WAS REMOVED ON OR ABOUT JUNE THE FIFTEENTH OF TWENTY NINETEEN. ONE DOCUMENT STATING THAT MUCH JUNE TWENTY NINETEEN BUSY A PALE WAS FILED ON JUNE THE TWENTIETH. AND THERE ARE NO DOCUMENTS DAYS AND THE ADWORDS WAS NOT RE POSTED AFTER THE VGA APPEAL WAS FILED AND THERE WERE NO DOCUMENTED COMPLIANCE ON THIS PROPERTY. RIGHT WHICH NAME ADDRESS AND TELL US WHAT YOU HEAR. ACTUALLY MY NAME IS PETER NIELSEN AND THEN STARING YOU’LL SEND WE LIVE AT FIVE EIGHTY TWO WAS PRONOUNCED DR NASHVILLE TENNESSEE THREE SEVEN TWO ONE ONE. THANK YOU FOR YOUR TIME TODAY AND HERE IN OUR CASE MY WIFE AND I HAVE LIVED IN NASHVILLE FOR LESS THAN TWO YEARS NOW IT PURCHASE THIS HOME ABOUT A YEAR AGO. WITH THE INTENTION OF WRITING IT RESIDENT OUT BE AIRBNB TO HELP PAY THE MORTGAGE BEGIN A FAMILY. WE WERE ADMITTED THE IGNORANCE OF THE PROCESS AS IT RELATES TO CITY RULES ORDINANCES REGULATIONS AND WHY AND DID NOT REALIZE THAT WE WERE REQUIRED TO ATTEND A SHORT TERM RENTAL PERMIT AFTER SIGNING UP. WITH ERROR BEING BI WE INCORRECTLY ASSUME THAT WE ARE IN ACCORDANCE WITH ANY LAWS. THROUGH THE PROCESS OF SIGNING UP WITH THEIR BABY. WE BEGIN RENTED OUR PROPERTY MAY TWENTY NINETEEN WHILE WE RENTED WE DID NOT RECEIVE A SINGLE COMPLAINT FROM OUR NEIGHBORS. NOW WE ALSO LIVE IN THE PROPERTY AND WERE PRESENT WHEN GUESTS STAY IN A RENTAL. WASN’T SO WE RECEIVED THIS LETTER AT THE END OF MAY. THAT WE REALIZED THAT WE WERE IN VIOLATION THE CITY ORDINANCE. LETTER WAS DATED THE ANIME HOWEVER MY WIFE AND I WERE ON A EIGHTEEN DAY. ABROAD AND SO WE’VE READ THE LETTER ON JUNE. FOURTEENTH AFTER READING A LETTER WE IMMEDIATELY TOOK DOWN THE LIST AND- WORKED WITH THERE BEING BE TO IMMEDIATELY CANCEL ALL FUTURE RESERVATIONS IMPROPERLY REMITTED ALL OCCUPANCY TAXES WE THEN PURSUED OBTAIN A PERMIT TOGETHER ALL THE REQUIRED DOCUMENTATION SIGNATURES FROM MY NEIGHBORS ETCETERA. BUT WHILE FINE FOR THE PERMANENT OR NOT CERTAIN FORMS THAT WE REQUIRED TO APPEAL AS WE’VE BEEN SUSPENDED. YEAH WHAT WAS THE LAST A YEAR AT THE PROPERTY I CANNOT PROVIDE YOU THE EXACT DAY I WOULD ASSUME THAT IT WAS WE ARE AT THE AT ONE TIME IN JUNE THAT NIGHT THAT WE RETURNED WE HAD ONE RIGHT SO I BELIEVE THAT AFTER THAT ALL FUTURE AS RATIONS WERE CANCELED. MY RECOLLECTION SERVES ME JUST SIT IN THE FIFTEENTH NOBODY AFTER THE FIFTEENTH CORRECT OKAY. ANY QUESTIONS. ANYTHING ELSE TO ADD OTHER THAN WE REACH OUT YOUR ACCOUNT’S BEEN BOB NASH IS AWARE OF THE SITUATION. IS COMMUNICATED HIS APPRECIATION OF ART IS THERE. HE’S AWARE. RIGHT. ONE DOCUMENT IS A STATE OR TO DOCUMENT IT STAYS. DID EVERYTHING APPARENTLY RIGHT AFTER THAT IS LEAST. WE DON’T HAVE EVIDENCE THAT THEY DIDN’T DO ANYTHING ANYTHING FOR IT AFTER THE FIFTEENTH THE GENE. GIVE ME A LITTLE LATE IN THE. IF THE PEOPLE DON’T KNOW ABOUT SHORT TERM RENTALS THINGS INTO THINGS. MAY I SPEAK TO THAT END OF IT. BUT I’M SORRY. YOU KNOW IF YOU DON’T KNOW YOU DON’T KNOW I MEAN I MAY BE SO I MEAN BUT- I MEAN. YOU KNOW. ASK ALL YEAH. ASK ALL OF OUR NEIGHBORS WE ARE CONSTANTLY DHEAS AND MAYBE 80% WOULD KNOW MAYBE MORE. GET OTHER SPOTS AND ASK YOU KNOW WHO THE COUNCIL PERSON IS YOU KNOW. I JUST DON’T KNOW THAT I DON’T KNOW I DON’T. I CANNOT SAY YEAH I DON’T KNOW. I THINK AT THE PACIFIC FRANKLY I WOULD YOU GET THROUGH THIS IF YOU NEED. IN EITHER IF YOU NEED A PERMIT RIGHT AND THAT GROUP FOR OUR MEETING IF YOU. WHAT WOULD YOU DO THAT SO THAT THAT THAT TO ME AND IT IS KIND OF. YOU KNOW. I MEAN I YOU KNOW I MEAN USUALLY MEETINGS ARE BORING AND NOT WORTH ATTENDING JUST TO BE HERE WELL YOU KNOW. ONE OF THESE DAYS ABOUT SIXTY FIVE. JUST DOING THIS FOR PUNISHMENT DOWN IN THE SEAT TO WATCH IS. AND I’M ALWAYS SHOCKED AS HE ALWAYS TELLS ME THEY WANT TO SOME CHANNEL FOR A BIT. YOU KNOW BUT YEAH SO I DON’T KNOW I MEAN. INTERESTED TO KNOW THAT WELL. GET IN ORDER FOR ME TO SPEAK. I THINK THAT ALL THAT I WAS THINKING FOR MONTHS IS WHAT WE NORMALLY DO ON THIS REALLY YOU DO EVERYTHING RIGHT AND THAT WOULD PUT ON THE FIFTEENTH OF OCTOBER JOHN THE ONLY DESIGN MAKE SURE YOU’RE GETTING ERROR THEY CAN APPLY FOR A PERMIT ON THE FIFTEENTH. OF OCTOBER I MEAN YEAH. TEN FIFTY. SMALL BUSINESS. AND I UNDERSAND THAT PEOPLE DON’T KNOW BUT. YOU KNOW IF YOU HAVE AN L. L. C. AND YOU DON’T KNOW ALL THE RULES ARE YOU GETTING FOR THOSE RULES THAT DOESN’T MEAN THAT THOSE RULES. ARE SO. I UNDERSTAND THAT YOU PUT IN THE OCTOBER DATE BASED OFF THE JUNE DATE. WELL IT WASN’T. WELL IN THE INDIES POINT BUT I MEAN YEAH. WELL YEAH I’M I’M- GOOD WITH. AND THEN YOU KNOW WE’LL WE’LL SEE IN EVERY CASE IS A LITTLE DIFFERENT AND THIS ONE IS THIS BOOK IS TO ME THE WHERE ONE THAT SAYS YOU KNOW YOU REALLY TRULY DIFFERENT MUCH. HE TOOK IT DOWN WHEN YOU FOUND OUT YEAH AND IN A SENSE AND THAT’S WHAT THE- AT IN THE GAME WE HAVE FOUR MORE WE CAN ASK FOR. WE WERE WE HAVE ALL OF THE RIGHT ANSWER. WE HAVE A MOTION AND A SECOND AND THE OTHER DISCUSSION. THE MANDATORY ONE YEAR THAT SEEMED REALLY TIRES BECAUSE- SOME OF US WILL GET TO RENEW OUR DRIVERS ARE. NOT ME. WHAT. IN SOME PEOPLE DO IT TO INTERPRET THE RULE AS- THE YOU KNOW A YEAR. UNLESS YOU. WERE YOU KNOW WORK YOUR WAY DOWN. THE WORDING OF THE WORLD IS UP TO A YEAR FOR SOME OF US WE LOOK AT IS ZERO TO TWELVE. AND MAYBE IT’S YOUR PERSPECTIVE ON HOW YOU YOU YOU VIEW. WHICH DIRECTION YOU’RE COMING FROM ON THE PENALTY IS TO WHERE YOU FALL BUT- ANYWAY I WE HAVE A MOTION AND A SECOND IF ANY OTHER DISCUSSION. BUT ON THIS ANY OF IT ALL IN FAVOR RAISE YOUR HAND SAY. ANY OPPOSED. ONE WELL I HAD ONE OF THOSE YOU WOULD GET YEAH SO FIVE TO ONE IT WAS A- LOT OF THE- TIME. ANYTHING YOU GET THE PERMIT THANK YOU. THIS CASE MISTER CHAIRMAN CASE ONE EIGHTEEN THAT WE JUST DEFERRED F. AS BEING A NO SHOW THEY WERE IN THE BUILDING WAS LOCKED AND THEY WERE LOCKED OUTSIDE TO THEIR HERE NOW IT MIGHT BE APPROPRIATE TO GO AHEAD HERE THAT CASE. OKAY THIS IS SIX TWENTY SIX HUNTINGTON PARK WAYS IN HERE ANYONE HERE IN OPPOSITION TO CASE ONE EIGHTEEN. SEEING NONE MISTER MEMBER AND WILL MAKE THE PRESENTATION ON BEHALF OF STAFF MINISTER MAY NOT HAVE AN OPPORTUNITY TO RESPOND. THIS TIES IN OPERATING A SHORT TERM ROLLED OUT A PERMIT SEVEN SEVEN VACATED FIRST ONLINE ACTIVITY. JULY OF TWENTY EIGHTEEN ONE DOCUMENT STAY. AUGUST SECOND OF TWENTY EIGHTEEN LAST YEAR OUR P. APPLICATION PROCESS WAS GOING ON. AUGUST OF TWENTY EIGHTEEN THERE ARE ELEVEN DOCUMENTS DAYS. SEPTEMBER SEVENTEENTH OF TWENTY EIGHTEEN YEARS AN OCCUPANCY LIFE SAFETY FINAL INSPECTION REJECTED. SEPTEMBER OF TWENTY EIGHTEEN ELEVEN DOCUMENTS DAYS OCTOBER OF TWENTY EIGHTEEN SEVEN DOCUMENTS DAYS NOVEMBER OF TWENTY EIGHTEEN THREE DOCUMENTS STARS. TWELVE TEN OF EIGHTEEN HOUR CEASE AND DESIST LETTER WAS MAILED. TWELVE TWENTY TWO OF EIGHTEEN THE ADS REMOVED. FOR THE SEVEN TO TWENTY NINETEEN ACTUALLY POSTED. FEBRUARY OF TWENTY NINETEEN SAW SEVEN DOCUMENTS DAYS MARCH OF TWENTY NINETEEN IS ALL ONE DOCUMENT STAY. FOLLOW UP INSPECTION ON APRIL THE SECOND. FOUNDED DAY HAD CONTINUED TO ADVERTISE AND OPERATE OR WITHOUT OBTAINING POWER MAN AND SO A WARRANT OR WAS REQUESTED THE ADDRESS REMOVED DAUGHTER. ABOUT MARCH TWENTY THIRD TWENTY NINETEEN. EIGHT TWENTY EIGHT OF THIS YEAR FIRST COURT SETTING IT WAS A CONTINUATION. SEPTEMBER ELEVENTH IS THE NEXT COURSE SETTING THERE WERE NO DOCUMENTS COMPLAINTS ON THE PROPERTY. WITH ITS OWN THIS PROPERTY IS THE APPEAL WAS FILED ON FEBRUARY SEVENTH OF. THIS YEAR AND SEVEN REVIEWS POSTED THERE AFTER. PART OF THE APPEAL PROCESS IS SIGNING A NOTICE STATING THAT CONTINUED OPERATION WILL BE PURSUED ENVIRONMENTAL COURT AND THIS CASE IS NOW BEFORE THE ENVIRONMENTAL COURT. IT MIGHT YOU KNOW WHAT WHAT WAS THAT IT SAID THERE WAS SOMEONE COURT DATE ON EIGHT TWENTY TWO IF I WAS A CONTINUED YOU KNOW. NO SIR I DO NOT KNOW. OKAY ALL RIGHT. ALL RIGHT HERE THE CLEVELAND MAIN WEST NATURAL LAW GROUP FORTY EIGHT HUNDRED CHARLOTTE AVENUE MISTER CHAIRMAN THANK YOU FOR THE TIME I CAN ASK YOUR QUESTION ABOUT THAT CONTINUES I THINK THERE IS A SERVICE OF PROCESS ISSUE ABOUT THAT CITATION BECAUSE I ACCEPTED SERVICE FROM MRS LAND HERE RECENTLY ON THAT AND THINK THAT’S RESET. TO NINE ELEVEN. BUT JUST. CLEAR THAT UP. AND IF I IF I MAY ASK. THE INSPECTOR QUESTION HE WAS JUST SAYING SHOWING THAT THERE WERE. ADVERTISEMENTS IN LIFE’S DAYS AFTER FEBRUARY OF TWO THOUSAND AND NINETEEN WHAT I DID I HEAR THOSE DATES CORRECTLY YEAH. YES. BECAUSE MY UNDERSTANDING IS EVERYTHING THAT APPLE FROM THE BOARD PACKETS IN WHAT I HAD IT SO WE WERE RETAINED EARLIER IN THE YEAR. YES IT FIRST OF ALL MAKE SURE THAT YOU TAKE DOWN THE LISTINGS IN ANY POSTINGS. AS I THINK IF YOU HEARD THE TIME LINE THERE. THERE WAS SOME CONFUSION I THINK ON THE PART OF MY CLIENT OF LIKE WE’RE IN YOU WERE ABLE. TO ACTUALLY. OPERATE A SHORT TERM RENTAL FOR A BIT HE HE APPLIED. IN THE WITH THE FIRST TWO STAGES AND THEN THERE WAS AN ISSUE ABOUT A WINDOW IN THE BEDROOM THIS IS. OBVIOUSLY NOTRE OCCUPIED SHORT TERM RENTAL. AND THE FARMERS WHO CAME OUT AND SAID THAT IT DOES NOT MEET THE EGRESS. HE CAME BACK THEY HAD SEVERAL DOLLARS BETWEEN THE FIRE MARSHAL’S OFFICE INNER SELF. REQUESTED THAT SOMEONE ELSE COME OUT. AND LOOK AT THE DRESS BECAUSE HE CONSULTED. SOME SORT OF. CONTRACTOR SOMEONE ABOUT CORRECTING THE WINDOW. THEY SAID. YOU’RE GOING TO HAVE TO REAPPLY HE WENT BACK IN DECEMBER AFTER HE GOT THE LETTER. AND HE WAS NOTIFIED BY THE CLOTHES DEPARTMENT AT THAT POINT IN TIME LIKE WE CAN GIVE YOU A PERMIT YOU’VE BEEN OPERATING WITHOUT A PERMIT YEAH BUT I HAVE TO WAIT A YEAR OR WHATEVER WE FILE AN APPEAL THEN WHEN I TOOK OVER THE CASES THAT YOU TAKE DOWN THE ADVERTISEMENTS. DON’T WE SEE MORE AND I WAS LIKE. WE GO SOME PERIOD OF TIME WITH NO. ADVERTISEMENTS YOU KNOW BOOKINGS THEY WILL GO TO THE EASY A AND SAY LOOK WE’VE TAKEN ALL THE STEPS THAT WE NEED TO GET THESE INGRESS EGRESS ISSUE SITUATED AND JUST RESPECTFULLY REQUEST THAT THE BOARD SHORTEN THAT PERIOD OF TIME NOW I UNDERSTAND WHERE A SIGNATURE LEGAL NEXT WEEK AFTER THIS BUT WHEN WE WHEN WE FILED AN APPEAL WE WERE NOT AWARE OF LIKE DEPENDING CITATION. SO THERE’S A THERE’S A FACTUAL ISSUE ABOUT THESE THESE BOOKINGS EVERYTHING THAT I HAVE WAS THAT AFTER WE SUBMITTED ON FEBRUARY FIFTH IN MY SYSTEM SIGN THE NOTICE. WE INSTRUCTED NO MORE NOTICE NO MORE BOOKINGS BUT I JUST HEARD INSPECTORS SAY THE CONFIRMATION YEAH I MEAN I WENT IN OUR LIVES THERE ARE. IN A SUMMARY OF THE CASE IT SAYS THAT ON FEBRUARY SEVENTH AND WAS REPOSTED. THAT THEIR SEVEN DOCUMENTED STAY IN FEBRUARY ONE DOCUMENT STAY IN MARCH AND APRIL THERE WAS A FOLLOW UP BY MR OSBORNE IN BECAUSE DEPARTMENT. AND THE. THE AD WAS REMOVED OWNER ABOUT MARCH TWENTY THIRD AND THAT THERE’S NO DOCUMENTED STATION AFTER MARCH TWENTY THIRD IN OUR PACKET BUT THERE WERE IN DURING MARCH AFTER. THE CEASE AND DESIST LETTER WAS SENT ON THE TENTH OF DECEMBER. WELL JUST AS LIKELY DID YOU LISTER. READ THIS IN THERE THERE IS A LIKE A DISABLE FEATURE LIKE YOU COULD SLIKE SUSPEND THE LIKE THE LISTING AND EARLIER THIS YEAR LIKE WHENEVER WAS REPOSTED IT WAS LIKE IT WAS BUGS BUT THEN I’D CALL THEM OVER AND THEN TOLD THEM WHAT WAS GOING ON AND THEN THAT MY SITUATION WAS THE SAME AND JUST CANCEL EVERYTHING THAT WAS BOOKED. BUT IT WAS LIKE. A SINGLE ROOM HERE AND THERE BUT. AT THE SINGLE RING HERE AND THERE. BUT NOTHING WAS BOOKED. WHATEVER I WHATEVER I TOLD THEM THAT I WAS STILL SUPPOSED TO BE DISABLED EVERYTHING IS CANCELED BUT I THINK IT DOCUMENTED STATEMENTS THAT. HAD NOT HAVING THAT MONEY YOU DETERMINE. A DOCUMENTED STAGE IT BASED ON A REVIEW OR- YES IT’S DETERMINED BY HOST COMPLIANCE ARE TRACKING OF ORGANIZATIONS. AND IT IS BASED UPON REVIEWS THAT ARE PUT ON A PROPERTY. SO IF A REVIEW IS IF I IF I WROTE A REVIEW ON. PROPERTY ON AIRBNB AND SAID HEY IT WAS GREAT THANKS FOR THIS DAY. AND I POSTED IT IN MARCH. IT MAY OR MAY I MAY I MAY BE STAYED AT A DIFFERENT TIME BUT AS A SINGLE STATE IN MARCH OR ANYTHING THAT YOU HAVE YOU HAVE A TEN DAY WINDOW I BELIEVE IN NO IN ORDER TO POST YOUR REVIEWS SO THEY’RE VERY TIMELY. AND ALSO HELP THOSE ROBERT DO YOU. THE AFTER CERTAIN PANDUR NOWADAYS I CAN’T BECAUSE YOU CAN’T POST. ALL RIGHT AND THIS THIS IS ACCORDING TO THE AIR B. AND B. OF. RULES THAT YOU SIGN UP YOU KNOW THAT NO ONE RATES WHENEVER THEY AGREE TO SOMETHING BUT IT’S LL IN THERE AND IT ALSO SAYS THAT. IF YOU DO NOT BOOK THROUGH AIRBNB PAY THROUGH AIRBNB. THEN YOU’RE NOT ALLOWED TO POST A REVIEW. OKAY SO HOW WOULD THERE BE CAN DOCUMENT INTERVIEWS. FIRST A DOCUMENT INTERVIEWS IN FEBRUARY AND MARCH IF YOU DIDN’T READ IN SOME PART OF JANUARY FEBRUARY OR MARCH ALL RIGHT THAT MUST MEAN A BROTHER BOTH ON THE HOUSE AND I WAS OUT OF THE COUNTRY FOR AWHILE SO UNLESS YOU DID SOMETHING. BUT I MEAN. I DON’T KNOW. SO IT’S POSSIBLE HE DID. YEAH IT’S POSSIBLE YOUR BROTHER DID RUN AT THAT SO THAT THAT’S. SOMETHING I MEAN THERE’S NO WAY FOR ME TO. YEAH BUT. UHHUH AND THEN IF YOU KNOW THE OTHER QUESTION THAT WE GET A LOT OF THIS IS YOU KNOW IS ONCE A GHOST MUSTERS A WARNING GHOST IN BIRMINGHAM COURT. THERE’S A- QUESTION WE OFTEN STRUGGLE WITH THE YOU KNOW HE REALLY HAS STICTION OVER THIS AND. IT SOUNDS LIKE YOU’RE VIEWING OF ARNOLD COURT NEXT WEEK AND SO. I GUESS WE’RE HERE BECAUSE OF SOME THE DOCKET BUT- IT ALWAYS HAS A LITTLE BIT. IF USING A MADE A HAVE TO HAVE NO OTHER THAT’S COMING UP AND THEN HAVING TO DEAL WITH THIS BUT MAYBE MORE WELCOMING THAN FLESH AND- THE SAME SITUATION LIKE I SAID WE JUST RECEIVE THAT WAR IT NOT TOO LONG AGO THIS IS AND- IT’S BEEN PENDING FOR ABOUT EIGHT MONTHS BECAUSE- MY UNDERSTANDING WAS THAT WE WERE GOING TO FIX. THE FURTHEST WE ACTUALLY FOR THIS IN DEPTH. WE NOTICED BECAUSE WE WERE GOING TO MAKE SURE THAT THERE WAS ENOUGH TIME. OF NOPE NO STEAK NO BOOKINGS FOR IT NOT TO BE A WASTE OF THE SPORTS TIME AND THAT’S WHY WHEN I PULL. THE BOARD PACKETS. AND WAS REVIEWING ALL THE US. I HAVE THE LAST LISTING AS OF FEBRUARY SEVENTH TWO THOUSAND AND NINETEEN WHICH WAS. CONTEMPORANEOUSLY WITH THE TIME. THAT WE FILED THE APPEAL AND IN THE SUN AND THE NOTICE THAT YOU KNOW THERE COULD BE NO MORE BOOKINGS FOR LISTINGS. I DON’T KNOW ABOUT. HIS BROTHER SITUATION UNDER. NEVER DISCUSSED AS WELL YEAH THAT’S CORRECT. ALL RIGHT IS HERE ANY OTHER QUESTIONS. IS THERE ANYTHING ELSE THAT YOU HAVE THAT. ALL RIGHT WE WILL CLOSE CLOSE HEARING. I GUESS THE QUESTION FOR STAFF IS THIS IS OUR DESTINY RULING ON OUR PART TO DATE. IMPACT THE CATION ENVIRONMENTAL COURT. I THINK THAT THIS IS LIKE THE OTHER CASES THAT COME BEFORE YOU IN THAT SITUATION AND MISTER POOL CAN CORRECT ME IF HE DISAGREES R. I. FATNESS BIG BUT HE GOT THE ISSUE BEFORE YOU TODAY IS WHETHER WE AIRED IN THE NINE THE PERMIT FOR OPERATING. EITHER AN EXPIRED PERMIT WITHOUT A PERMIT THAT’S BEFORE YOU BEFORE THAT IT AND IF WE AIRED THEN YOU ALL WOULD MAKE THE DETERMINATION THAT WE AIRED THE SEPARATE ISSUE IS FOR A COURT TO DETERMINE. NOT WHETHER WE AIRED BUT WHETHER THE APPLE CAN’T OPERATE WITHOUT A PERMIT SO IF YOU DETERMINE THAT WE DID NOT AIR BUT YOU WANT TO REDUCE THE WAITING PERIOD OR- OR IF YOU DETERMINE THAT WE. YEAH IF YOU TRY TO STILL GO TO COURT IT WOULD GO TO COURT AND WHATEVER. THE ALL DAY WOULD RUN BASICALLY CONCURRENTLY WTH WHATEVER TIME WHEN THEY WHEN IN APARTMENT FOR WHAT KIND OF FOR US AND THAT WOULD HELP SO I’LL LET MR FULL DIFFERENT ABOUT HOW THE MEMORIES BEEN HEALING THAT’S NOT. MY UNDERSTANDING IS THAT THEY’RE. TWO SEPARATE ISSUES BUT HE CAN WEIGH ON HOW THE JUDGES IN. THOSE. THE LOSSES OF OKAY. FIVE SEVEN TWO SEVEN. OKAY YEAH I THINK MAYBE IT WAS A BAR MAYBE WELL OF COURSE IT’LL SAY HISTORICAL GENERALIZATIONS STUFF SIR THEY HAVE HISTORICALLY ON IF WE SETTLED IT THEN THEY WOULD THROW IT OUT AND THEY HAVE IN THE SENSE THAT HISTORICALLY AND STRAIGHT TREES ZONING CASES AND THAT TOO IN THE SENSE THAT ENVIRONMENTAL COURT IS A COURT OF COMPLIANCE AND THE ULTIMATE. GOAL IS TO COME INTO COMPLIANCE SO IF FOR EXAMPLE SOMEONE. THEY HAD A FENCE THAT’S A PRIME EXAMPLE SOMEONE HAS A FENCE IT’S TOO HOT TOO TALL. AND A VIOLATION OF OUR ZONING CODE WE MIGHT SENATE DEBATE NOTICE TAKE THEM TO ENVIRONMENTAL COURT ENVIRONMENTAL COURT MIGHT SAY WELL IF YOU LOOK AT THE BOARD AND THE BOARD DETERMINES. GIVES YOU A VARIANCE TO ALLOW THIS YOU WOULD THEN BE IN COMPLIANCE. THESE ARE A LITTLE DIFFERENT BECAUSE THEY CAN’T COME INTO COMPLIANCE. BY YOU ALL SAYING. THAT WE AIRED THAT WE DIDN’T AIR DOES THAT MAKE SENSE ISN’T. MORE QUESTIONS ONE IS THE ONE YEAR WE- FROM THE DATE THAT THE BOARD FOUNTAIN DID HE OPERATE WITHOUT A PERMIT. AND THAT WE START FROM TODAY UNLESS WE STATE OTHERWISE RIGHT UNLESS YOU UNLESS YOU REDUCE IT. YEAH IT’S NOT MINE. WE’VE GOT ONE. LAWYER AND HIS CLIENT AND THERE IS A THERE ARE TWO NAMES ON HERE YEAH. MAYBE WITH. NOW I’M NOT I DON’T KNOW THAT WOULD BE THE LAWSUIT IN WE GOT SERVICE ON MR AS MR BAN SAID HE ACCEPTED SERVICE IN THE LAWSUIT I’M NOT SURE I WOULD NOT HAVE YEAH. YOUR COMPANY. YEAH YEAH YEAH YOUR WEATHER ALSO. YOUR BROTHER’S GOT ANY INFORMATION ABOUT THIS. ALL RIGHT ANY OTHER. WE ARE. WHETHER THE QUESTIONS HAVE A CLOSER LOOK. SO ARE YOU YOU HAVE NOTHING ELSE THAT I SENT TO A CLOSE BUT- I WOULD ASK MY REQUEST AND ALL THAT. REVIEWS. GO BACK THEY WERE THAT IS SOMETHING THE BOARD I MEAN. I MAY BE ENACTED TO DELETE JUST DEPENDING ON. YOU KNOW WHAT HAPPENED NEXT WEEK BUT I’VE ALWAYS FOUND MAJOR LEGAL TO BE. FAIR AND NIGHT ON THIS. REASONABLE BUT I WOULD JUST ASK THAT WE GO BACK TO THAT THAT IS THE DECEMBER DATE WHEN WE GET THE NOTICE OF APPEAL WITH IT. INSTEAD OF THIS IN SEPTEMBER DATE EVEN THOUGH THE- OR MAYBE THE LAST BOOKING WHICH SOMETIME IN MARCH. I GUESS IS CORRECT ALL RIGHT. OKAY I WILL CLOSE PROCURING. ONE OF THOSE OKAY THE FATHERS AND IS THAT AFTER THE PERMIT APPLICATION AND STARTED BACK IN AUGUST OF TWENTY EIGHTEEN. THERE WERE STILL STAYS. SO THERE ARE MANY SCENES AFTER THAT TIME AND THAT’S ALL AND I KNOW THAT WAS BEFORE. HELLO BUT- THAT PARTIES FATHERS AND- YEAH I MEAN YEAH. I WAS JUST TELLING THE STATES THAT WE HAVE AND I REALIZE THAT THAT MIGHT BE AN ISSUE OF FACT BECAUSE. THE PELLA HE DOESN’T KNOW WHETHER OR NOT THE STATE’S HAPPENED SO. I THINK. YOU KNOW I ALWAYS ALLOW YOU MISTER CHAIRMAN TO GIVE ME THE REINS OF BASED OFF OF PREVIOUS CASES LET. SPORTIF BECAUSE HE DOES IN SITUATIONS LIKE WELL. YOU KNOW THAT I MEAN IT IT CLEARLY IS ON THE HOUSE SIDE TO ME BECAUSE OF THE. YEAH THEY WOULD DO THE PROCESSING THEY THEY KNEW THAT THEY HAD ISSUES THEY KNOW EVEN UP TO DECEMBER. IS. ATTENTION WE’VE SEEN BEFORE YOU KNOW WHAT PEOPLE THOUGHT THEY HAD GONE THROUGH EVERYTHING IN YOUR HEAD SO TO SAY WELL YOU HAVE TO DO EVERYTHING TO GET PUT IN THE SMOKE DETECTOR WILL THEY PUT IN THE SMOKE DETECTOR I GOT TO GO BACK AND GET THEIR PERMIT YOU KNOW THEY DID EVERYTHING IN THIS CASE I DON’T THERE WASN’T REALLY EVIDENCE AT. THE WINDOWS ACTUALLY FIX THEM BECAUSE I THINK THAT IT SOUNDS LIKE THEY WERE IN THE PROCESS OF WORKING ON THAT. AND BUT ONCE ONCE YOU GET TO DECEMBER TENTH AND YOU GOT YOU HAD A LETTER THAT WAS SENT AND WAS REMOVED WHICH TO ME IS A SIGN THAT YOU GOT THE LETTER. THEN THEN IT BECOMES ARE YOU COMPLAIN OR NOT AND THERE’S JUST A LOT OF EVIDENCE THAT. THEY WORK. AND I DON’T KNOW THAT IT IS THE APPLICANT THIS HERE YOU KNOW USED TO TALK ABOUT HIS BROTHER DOES TAKE BEING RESPONSIBLE AS CO OWNER PROPERTY BEING RESPONSIBLE FOR IT. BUT THAT ALSO SAYS THAT THERE’S NOT A LOT OF COORDINATION AND NOT NECESSARILY A LOT OF. RESPONSIBILITY ON THAT ISSUE. WHO WHO’S IN CHARGE OF THE TESTS YOU KNOW. AND SO TO ME IT’S. IT’S THE KIND OF CASE THAT STUFF ON THE HIGHER SIDE OF THE. YEAH I TEND TO DIVIDE THEM INTO THIRDS AND CLEARLY SOME OF US ARE. FOREVER AT THE BOARD WOULD WANT TO PUT THAT. IN OPENED. WHATEVER ANYBODY WANTS TO SAY ON THAT. AMONG THE REAL LIVES ON IN THE- WORLD. THE. MOTION. SO YOUR MOTION IS CONCERNED MINISTRY NOT HERE. AND IF THAT HAPPENS SO MUCH PULLED APART YOUR PHONE TODAY THAT’S YOUR MOTION. MOTION IT’S OUR SECOND OR MORE DISCUSSION. ALSO I GET A MOTION. WE HAVE A MOTION AND A SECOND ANY OTHER DISCUSSION. NO. AND SEE FOR MARCUS. WELL THE DIVIDEND PASSES THAT THE THAT WE CAN HAVE. DISCUSSION ON THAT BUT- I WAS ALSO GONNA GO. THANK YOU MARCH BUT IT. I I’M INCLINED TO. GO AWAY. THE STUFF I DON’T KNOW THAT EITHER IS GONNA DO I MEAN I’M OKAY WITH MORE TOWARDS. SOME OTHER TIME THAT IT’S- I’LL SUPPORT THE MOTION. THERE WAS A SAFETY ISSUE WITH THE WINDOW THAT I HAVEN’T NECESSARILY SEEN IN ALL OF THE ONES THAT I’VE DEALT WITH SO I’VE ALSO BUT- ALL RIGHT WE HAVE A MOTION AND A SECOND. ALL IN FAVOR SAY AYE. AND IF THE MOTION PASSES GOOD LUCK RIGHT THANK YOU. ALL RIGHT NEXT CASE. CASE TWO THOUSAND NINETEEN THREE FIFTY FIVE INVOLVING PROPERTY ABOUT TWENTY FIVE. RURAL HE’LL ROAD THAT IS A HARD WORD TO PRONOUNCE. IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE FIFTY FIVE. SEEING NONE MISTER MEMORY WILL MAKE THE PATIENT ON BEHALF OF STAFF IN THE BELL HAVE FIVE MINUTES TO MAKE YOUR PRESENTATION. THE FIRST ONLINE ACTIVITY OCCURRED ON. AND MADE THE EIGHT OF TWENTY NINETEEN. MAY TWENTY NINETEEN THERE WERE THREE DOCUMENTS DAYS. MAY THIRTIETH THE HOST SEASON DESIST LETTER WAS SENT ESTIMATED TO HAVE ARRIVED ON JUNE THE SEVENTH. ADD REMOVE DAUGHTER ABOUT JUNE ELEVENTH. HI BUSY APPEAL WAS FILED ON JUNE TWENTY FIFTH THERE WERE NO OTHER DOCUMENTS DAYS THE AD WAS NOT RE POSTED AND THERE ARE NO DOCUMENTED COMPLAINTS. ALL RIGHT IF YOU COULD TAKE THAT STATE YOUR NAME AND ADDRESS AND TELL US WHAT HAPPENED SURE THANK YOU MY NAME IS RONALD CALLED IN. IT’S MY WIFE THE SON OF GOD LIVE AT FIVE TWO FIVE RULE. HILL ROAD NASHVILLE THREE SEVEN TWO ONE SEVEN. YEAH WE’RE HERE BECAUSE WE VIOLATED. THE ZONING LAW. WE DIDN’T KNOW THAT WE SHOULD HAVE APPLIED FOR A PERMIT AHEAD OF TIME OUR OUR RENTAL WAS. REMODELING OUR HOME AND WE TOOK SOME BAD ADVICE. WITH THE FAMILY SAYING THAT. WE SHOULD DO AIRBNB. THAT SAME FAMILY MEMBER YOU KNOW POSTED% ONLINE LITTLE DID WE KNOW THAT WE WERE DOING IT IN ERROR. A CODE VIOLATION. WHEN WE GOT THE LETTER FROM CODE SAYING THAT WERE IN VIOLATION. WE STOPPED WHAT WE’RE DOING WE TOOK IMMEDIATE STEPS TO START CORRECTING THAT SITUATION AND- ONCE WE TOOK THOSE STEPS TO CORRECT THE SITUATION WE FOUND OUT THAT. THERE WAS GOING TO BE A WAITING PERIOD ON CONTINUE INTO A PIPE WITH A PERMIT FOR THAT AIRBNB IT’S KIND OF DISCOURAGING BECAUSE WE REALLY WANT TO DO IT BUT WE WERE IN VIOLATION SO WE’RE STUCK. HERE BEFORE THE WAR WE HUMBLY ASK YOU TO. ALLOW US TO CONTINUE TO PERMIT PROCESS SO WE CAN DO IT RIGHT AND. THAT’S ALL I HAVE TO ADD AS FAR AS OUR NEIGHBORS WE’VE LIVED IN OUR NEIGHBORHOOD. TWENTY YEARS. NICE SAFE NEIGHBORHOOD ALRIGHT NEIGHBORS SUPPORT. US BEING ABLE TO HAVE A SHORT TERM RENTAL IN THE NEIGHBORHOOD. AND YOU KNOW OUR COUNCIL WOMEN SHE KNOWS ABOUT IT. SHE DIDN’T GET ANY REJECTIONS FROM THE LETTERS THAT WE SENT OUT ASKING IF ANYONE OPPOSE THERE ARE. YOU KNOW AS HAVING THE AIRBNB SO THAT’SWHY WE HERE IT’S BEEN A LONG DAY AND YOU GUYS A TIRE. I DON’T KNOW THAT. THIS WAS THE PROCESS WE HAD TO GO THROUGH PROBABLY WHAT A SECOND GUESSED IT BUT WE DID WE DO WANT TO CONTINUE. IN THE PROCESS WE JUST WANT TO DO IT THE RIGHT WAY AND WE WILL LEARN THAT. THIS IS A SERIOUS PROCESS AND WE DEFINITELY WANT TO DO WHAT’S RIGHT. AND SO WHEN YOU YOU WHEN YOU GOT THE LETTER YOU YOU CANCEL ALL YOUR ANY BOOKINGS AND YOU TOOK IT OUT AND SAID. YEAH I DON’T KNOW IF. THAT WAS THE- END OF YOUR HOME YOU LIVE IN THE HOME YES THIS IS AN OWNER OCCUPIED YES IT IS A ONE. ONE ROOM. OKAY SIT AT HOME. OR ANY QUESTIONS AT I JUST WANTED TO KNOW DID YOU GUYS KNOW THAT ONE OF YOUR NEIGHBORS SENT IN A LETTER OF OPPOSITION SHE LIVES IT LOOKS LIKE FROM PARKDALE DR. NO NO NOT AT ALL. AND IT’S A- IT IS. IT’S A BASIC WORD SAYS BASICALLY IS A GREAT PLACE TO GROW UP AND IT’S NOT IT’S NOT OPPOSED. IT IS NOT SAYING THAT YOU ALL DID ANYTHING IT’S JUST A GENERIC I DON’T LIKE SHORT TERM RENTALS IT DISRUPTS THE NEIGHBORHOOD YEAH. BUT IT’S NOT ADDRESSING YOUR YOUR SPECIFIC SHORT TERM ROLE BUT IT DOES SAY THAT. THAT THEY WOULD LIKE TO NOT HAVE ON THE NEIGHBORHOOD WHAT WE HAVE WHAT PART DOES A LITTLE FURTHER WAYS FROM OUR HOME BUT- ALL OF THE IMMEDIATE NEIGHBORS RIGHT THERE WITHIN. SAVE TWO HUNDRED SQUARE FEET THEY THEY ALL WERE SUPPORTIVE OF US HAVE BEEN AIRBNB THERE OKAY. ANY OTHER QUESTIONS. ANYTHING YOU’D LIKE TO ADD IT WAS JUST THAT WE KNOW THAT IT’S A YEAR TO RE APPLY BUT WE WAS HOPING THAT WE CAN GET THAT REDUCED BASED ON US. BEING DUMB. TRYING TO DO THIS AHEAD OF TIME. OKAY ALL RIGHT I’LL CLOSE BOTH HEARING. THESE ARE THE CASES WHERE I THINK THE ONE YEAR PENALTY IS TOO SEVERE OR JUST NOT KNOWING WHAT TO DO AND I THINK PEOPLE. DON’T KNOW A LOT ABOUT THE XOOM MAKE IT. TO DO AND- WE HAD PEOPLE AND THEY DIDN’T SAY IT BUT- THAT PEOPLE COME BEFORE US AND TALK ABOUT. I THOUGHT. I NEED A BUSINESS LICENSE I DIDN’T KNOW ANY DIFFERENT. AND. SIR AND I’VE HEARD THESE CASES EVER SINCE THEY STARTED SO AND INDEED AND I HAD A LOT OF HISTORY WITH. CASES SO. IF NO ONE ELSE HAS ANY OTHER. COMMENTS LET ME JUST TRY AND MOTION THAT THE. THEN THE ADMINISTRATOR DID NOT CARE AND THEN WE ASSESS HORMONE PENALTY FROM THE DAY THEY FILED THE APPEAL. WHICH WAS JUNE TWENTY FIFTH AND TWENTY NINE. SO THEY’D BE ELIGIBLE TO APPLY FOR THE PAYMENT OF FOUR MONTHS FROM OCTOBER TWENTY FIFTH. OKAY HELLO SHE NEVER SAID ANYTHING. ANYTHING OF A ADULT. YOU CORRECT. ALL RIGHT SO AGAIN MOTION SECOND ALL IN FAVOR SAY AYE RICH MAN YOU CAN APPLY FOR A PERMIT ON OCTOBER TWENTY FIFTH MAKE SURE YOU GET YOUR PERMIT. RECORDS LISTED OR ANYTHING ELSE AND YOU’RE GOOD TO GO THANK. RIGHT FLIGHT THREE THREE MINUTES SURE I MEAN JUST A VERY VERY QUICK FACILITY BREAK AND THEN. READING THE NEXT CASE. SIXTY TWO OH FIVE BOSS WOULD DRIVE. INSTRUMENT ROOM IS HERE ON BEHALF OF STAFF IS THERE ANYONE HERE IN OPPOSITION TO CASE THREE SIXTY ONE YES SO WE EACH SIDE WILL HAVE TEN MINUTES MR MEMORY WILL MAKE HIS PRESENTATION AND THEN MISTER HENRY THE MAKERS OF COURSE RESERVE YOUR TIME FROM THE TEN MINUTES IF YOU WANT. TO REBUT ANYTHING AND OPPOSITION. A NON OWNER OCCUPIED A SHORT TERM REAL PERMIT WAS ISSUED TO THE PROPERTY OWNERS AND WILL BE THE VEIN. ON MAY THE NINTH OF TWENTY SIXTEEN. ON MARCH THE SECOND OF TWENTY SEVENTEEN EMAIL COMPLAINT WAS RECEIVED FOR ADVERTISING AND READING OVER IN EXCESS OF THE PERMIT OCCUPANCY THE PROPERTY WAS CITED AND CAME INTO THE RESOLUTION OF THE CASE BY CORRECTING THE ADVERTISEMENTS ON THE SEVENTEENTH OF MARCH JULY THE NINETEENTH. OWNERSHIP CHANGE FROM SEVERAL REAL VEIN TO THE SAMAEL BILLET VEIN REVOKE ABORT LIVING TRUST BY SALE OF THE INSTRUMENT NOTED. HOST STATION DESIST LETTER WAS SENT ON THE THIRTIETH OF MAY OF TWENTY NINETEEN ON SIX SEVENTEEN OF TWENTY NINETEEN A RENEWAL REVIEW AND ALTHOUGH SHE HAS CHANGE WAS DISCOVERED. ON JUNE THE TWENTY FOURTH SHORT TERM REAL APARTMENT CANCELLATION LETTER WAS SENT. AN ORDER ABOUT JULY THE THIRD OF TWENTY NINETEEN THE WEBSITE ADVERTISEMENT WAS REMOVED. ON SEVEN THREE OF NINETEEN THE BGA APPEAL WAS FILED THERE WERE SEVENTEEN DOCUMENTS DAYS FTER% THE OWNERSHIP CHANGE HOWEVER THERE WERE NO DOCUMENTS DAYS AFTER THE CANCELLATION LETTER. AND THE ADVERTISER WAS NOT REPOSTED. OKAY MR MR CHAIRMAN MEMBERS OF THE BOARD OF ZONING APPEALS MY NAME IS SEAN CONNERY THREE FIFTEEN THREE DOT REPRESENT MR AND MRS SAMUEL LEVINE THEY RESIDED SIXTY SIX OH SEVEN ORGAN DRIVE AND THEY OWN THE SUBJECT PROPERTY WHICH IS SIXTY TWO OH FIVE BOSS WOULD DRIVE WE HAVE HANDED OUT TO YOU HERE TODAY A FOLDER CONTAINING FOUR ITEMS ONE IS A IS A TIME LINE THAT. LARGELY TRACKS WITH WHAT YOU JUST HEARD FROM MISTER MCBROOM IT ALSO CONTAINS A LETTER IN THE MAIL LETTER FROM COUNSEL LADY NEEDED JOHNSON THAT WAS RECEIVED YESTERDAY AND AS OF TODAY WE RECEIVED A LETTER FROM STATE REPRESENTATIVE JOHN RICK CLEMENS A REPRESENTING THIS AREA OF NATIONAL WE’VE WE’VE INCLUDED THAT AS WELL FIND THERE’S A NEIGHBORHOOD PETITION IN THERE OF BEST SIGNED BY FORTY ONE SIGNATURES OF FORTY ONE SIGNATURES ON. THE PETITION AND THEN SOME ADDITIONAL LETTERS ALSO WE JUST WANT TO BE SURE THAT THEY CAN HAVE THAT AND I’M GONNA. LOOK FOR SOME OF THOSE LETTERS. IN JUST A MOMENT. REGARDING YOU KNOW THE TIME LINE HERE. OF THERE’S AN IMPORTANT PIECE. GUARDING THE CHANGING METRO ZONING WALL BUT I’M GOING TO. TALK ABOUT HERE IN A LITTLE BIT. BUT WELL BEFORE THERE WAS SO QUICK QUIT CLAIM DEED EXECUTED BY MR RABIN THE ISSUE HERE IS HE TRANSFERRED HIS THIRTY. TRANSFER THE PROPERTY FROM SAY YOU’LL BE LOBBYING TO SAY WE’LL- BE LOBBYING AS TRUSTEE. OF THE SO THAT’S REALLY WHAT’S AT AT AT THE HEART OF THE ISSUE. BUT BACK IN FEBRUARY TWO OF TWENTY EIGHTEEN THE RESUME CHANGE. METRO CHANGE THE ZONING WALL TO. TO CLASSIFY THESE NON OWNER OCCUPIED SHORT TERM RENTAL PERMITS AS COMMERCIAL USE. IN DOING SO THEY RELEGATE THESE TWO COMMERCIAL DISTRICTS. SO AT THAT POINTIN TIME WE’VE GOT A DATE IN TIME THERE THAT BECOMES IMPORTANT. OF FOR THE LEGAL ARGUMENTS THAT I WANT TO DIVE INTO. IT I KNOW IT’S LATE IN THE DAY. OF BUT I’VE. THE TOUCH A LITTLE BIT ON THE ARGUMENT. THE SHORT OF IT IS METRO IS INTERPRETING THE TEXT OF THE ZONING CODE THAT SAYS A PERMIT AND S. T. R. E. PERMIT SHALL NOT BE TRANSFERRED OR ASSIGNED TO ANOTHER AS EQUATING TO THE TRANSFER OF PROPERTY NO WE’RE IN THE ZONING TEXT HERE AND IS THERE A PROHIBITION ON THE TRANSFER OF PROPERTY. IT’S THE IT’S THE PERMITTED SELF THEY CANNOT BE TRANSFERRED TO YOU TRANSFORMERS SIGNED TO SOMEONE ELSE. IT’S AKIN TO A DRIVER’S LICENSE. WE GET A DRIVER’S LICENSE IT’S GOT AN ADDRESS ON IT YOU’RE NOT YOU’RE NOT PERMITTED TO TRANSFER YOUR DRIVER’S LICENSE TO ANYONE ELSE THAT THAT’S NOT THAT’S A NON TRANSFERABLE. PERMIT DRIVER LICENSE PERMIT. IT’S THE SAME CONCEPT HERE AND THAT’S THE WAY THE THREATENED WE DON’T. BEST IN THE WORLD SAYING THAT THE IS THE ONLY THE PROPERTY OR HAVE A PERMIT. TO THE WAY WE’VE INTERPRETED INTERPRETED IT THAT CODES IS THAT THAT YOU READ THE TWO PROVISIONS TOGETHER THE OWNER HAS TO OBTAIN A PERMIT AND A PERMIT CAN’T BE TRANSFERRED SO IF THE PROPERTY OWNERSHIP IS TRANSFERRED TO THE NEW OWNER HAS TO GET TERM AT. AND THEN WE ALSO READ IN CONJUNCTION WITH THE STATE LAW WHICH SAYS IF YOU TRANSFER OWNERSHIP OF THE PROPERTY THE PERMIT IS NO LONGER VALID. THE I JUST WANNA MAKE YOU THAT SO YOU COULD ADDRESS THAT. HERE ARE THE WOMEN YOU. YEAH I WAS IN THE BACK OF. EACH ONE OF THEM HAD ON AND I AM PREPARED TO ADDRESS THAT BUT LET ME LET ME FIRST EXPLAIN WHY THERE WAS A TRANSFER YOUR- TO BEGIN WITH. SOTHEIR TAX ATTORNEY AND WE HAVE AN ANSWER DAVID FROM THEIR TAX ATTORNEY IN A- PART OF OUR PACKAGE. THE TAX ATTORNEY. WE SET UP THE DAY RECORD THAT THEY THAT HE- FROST IN THE NAME OF MR LOOK. FREE TO REVOKE BATHROBES FOR METRO STATE. UPON AT HIS WILL MISTER LEVIN IS ONLY AUTHORIZED. TO ADMINISTER ALL THE TRUST PROPERTY AS ITS OWN. JUST DISREGARDED ENTITY FOR FEDERAL STATE PURPOSES MISTER LIVING SOCIAL SOCIAL SECURITY NUMBERS USE FOR THE IDENTITY OF THE TRUST THROUGH IN THIS AND MISTAKE THE PROPERTY TRANSFERRED TO THE TRUST. THIS IS TAX CENTER IN NO EVENT WITH MR RABIN HAVE BEEN COUNSEL TO TRANSFER SAID REAL PROPERTY TO THE TRUST FOR ESTATE PLANNING PURPOSES IF AT SUCH TIME AT WORK SUCH A TRANSFER COULD AFFECT MR RABIN’S ABILITY TO OPERATE SAID PROPERTY. AS A SHORT TERM RENTAL PROPERTY. THE CONTEXT OF THE SITUATION AND MS. JOHNSON POINTS OUT WE GOT A UNIQUE CIRCUMSTANCE HERE. SO THAT THAT THE BACKGROUND ON WHY THAT WAS DONE. IS A CPA CERTIFIED PUBLIC ACCOUNTANT ALSO HAS A LETTER CONTAINED IN THIS PACKAGE. AND HE ASSERTS THAT. THAT THAT THE PROPERTY IS ACTUALLY OWNED BY HIM MISTER LEVIN. THE MORTGAGE INSURANCE AND PROPERTY TAXES ARE PAID BY MR LOOK. THE UTILITIES OR MISTER LEVIN A NOVEL STATING THIS CHURCH JUST QUIT CLAIM DEED AND DESIGNATION AS TRUSTEE BUT THE UTILITIES ARE IN HIS PERSONAL NINE METRO WATER SERVICES CLASSIFIES THE PROPERTY IS COMMERCIAL AND- ASSIGNS AS STORMWATER FEE BASED ON A COMMERCIAL. COMMERCIAL BREAK MON ACTUAL GAS NATIONAL ELECTRIC SERVICE SO THOSE ARE JUST SOME BACKGROUND FACTS NOW THE TEXT OF THE SHORT TERM RENTAL FERMENT WALL READS AS FOLLOWS. A. S. T. R. PERMIT NOT PROPERTY BUT IT IS TO YOUR PERMIT SHALL NOT BE TRANSFERRED OR ASSIGNED TO ANOTHER NOR SHALL THE PERMIT AUTHORIZE ANY. PERSON OTHER THAN THE PERSON NAME THERE IS. TO OPERATE A SHORT TERM APARTMENT ON THE PROPERTY. THE PERSON NAME THERE IS STILL SAYING YOU’LL BE LEVIN THAT HAS NOT CHANGED HE OWNS THAT PERMIT IT’S THE SAME PERSON. HE’S THE PERMIT T. IS THE OPERATOR OF THE SHORT TERM. IS THE PROVIDER OF THE SHORT PROGRAM SO NO HOW NO MATTER HOW YOU SLICE THIS WEEK BUT HE’S ALSO A SHORT TERM LOAN AND MORTGAGE THE TRUST. THE QUESTION IS THE PURPOSE. THE BECAUSE THE LAW DOESN’T SAY THERE’S NO REFERENCE TO PROPERTY. SO THE PROPERTY THE PROPERTY AT ALL HAS TO APPLY A- FOR THE PERMIT THE FILM IS NOT TRANSFERABLE SOMEONE’S PROPERTY IS TRANSFERRED TO THE TRASH. THE TRUST HAS TO APPLY IT IN THE PERMIT IS STILL IN HIS NAME SO ARE YOU SAYING. IS THE PROPERTY OWNED BY THE PRESS NOW IT IS. SO VITAL. WOULD YOU SAY THAT THAT YOU WOULD TRUST IT WOULD HAVE TO RE APPLY OR- MR LIVING KNOW THAT IT’S THE PERMIT HOLDER QUESTION IS WHO HOLDS THE PROVES THE PERMIT HOLDER. THE HOLDER OF A PERMIT NOT A PROBLEM. PROPERTIES NOT REFERENCED IN HERE IN ANY IN ANY FASHION. IT’S THE HOLDER OF THE PERMIT THAT’S ENTITLED TO RENEW THE PERMIT. THAT’S THE SAME MOVIE. SO HE’S A WIDER SHOWED WHAT ADDRESS FOR MISTER I’M SORRY. SO IF THE PROPERTY HAS TRANSFERRED TO THE- WORKABLE TRUSTED IT TRANSFERRED TO ME. A MISTER IRVING ALSO PERMIT GET HE STILL RENEW THE PERMIT EVEN THOUGH I OWN THE PROPERTY. IF THIS SO LONG AS MISTER LEVIN IS STILL THE PERMIT HOLDER THE WAY THIS TEXT READS AND I ADMIT THERE’S MAYBE DUTY IN HERE PARTICULARLY WHEN YOU LOOK AT THE METRO WEBSITE KNOW WHAT I WANT TO POINT AT A BEAUTY YEAH. BUT SO LONG AS THE PERMIT TEA IS THE SAME PERSON WHO IS AUTHORIZED TO OPERATE AND PROVIDE A SHORT TERM RENTAL. THE OWNER OF THE NON HOGAN AROUND MY PROPERTY ZERO. ECHO DOESN’T ADDRESS THAT AT ALL TALK ABOUT THAT. SO. A LOT OF THE OUTRAGE FOR. IN THE PERMIT WOULD NOT BE TRANSFERRING BECAUSE IT’S INVISIBLE BEINGS NAME HE SIMPLY TRYING TO RENEW THE PERMIT THAT HE’S ALWAYS HAD FOR THREE YEARS. BUT HE’S NOT THE OWNER OF THE PROPERTY. THE TRUST IS THE OWNER OF THE PRODUCT THERE IS A PROBLEM. OUR HANDS ARE REALLY TIRED OF THESE BECAUSE THIS IS A QUESTION OF ALL CORRECT. YEAH IT’S- WE’VE HAD THIS COME UP BEFORE I APPRECIATE IT IS SOMEWHAT UNIQUE BUT WE HAD WHEN I FIRST STARTED CIVIL WAR WE HAD FOUR OR FIVE OF THESE COME UP FOR THE RESERVE CURRENCY TRANSFER EITHER LLC OR TROJAN. WE GOT A HASH TO ALWAYS WE WISH. I CAN GET THE- IT’S WHICH SEEMS LIKE A GOTCHA BUT OUR JOB IS TO DETERMINE WHETHER OR NOT THEY AIRED AS A MATTER OF WALL. IF WE IF WE HAD A WE HAD VISITED FOR. I’M READY TO GO THESE ARE GOING TO GO TO WORK. IT IS STRANGE FOR. AND THEN WHAT. TRY OR YEAH IS THAT ESSENTIALLY EVEN THOUGH THEY WERE TRANSFERRED FOR US. THE PERSON WHO OWNS THE PROPERTIES L. TRUSTEE. BUT STILL THAT THE WHAT WHAT THE ZONING ADMINISTRATOR IS DETERMINED WE HAVE UP HELD IS THAT THAT THAT THAT MERE TRANSFER IT’S IT IS DONE BECAUSE IT HAS A LEGAL EFFECT. THERE’S A REASON YOU TRANSFER FROM AN INDIVIDUAL TO ADDRESS THE- AND THAT THAT TRUST THAT TRANSFER MYTH THAT THAT PERMIT. THAT WAS IN THE- AS PART OF HOLDERS NAME. WAS NOT TRANSFERRED AND THEN YOU GOT A NEW OWNER OF THE PROPERTY BUT BUT THAT INTERPRETATION AND APPLICATION AND ENFORCEMENT IS NOT GROUNDED IN THE MALL. IT’S NOT IN HERE. THERE IS NO BLACK AND WHITE STATEMENT THAT YOU. THAT YOU CAN’T TRANSFER THE PROPERTY. THAT’S NOT IN HERE IT’S NOT IN THE LAW AND THE LAW HAS BEEN THAT HASN’T CHANGED BY THE WAY WE JUST HAD A NEW. LAW ADOPTED. TRANSFER THE PROPERTY TRICK. TRANSFER THERE’S NO REFERENCE TO TRANSFER PROPERTY AS MUCH FOR THERE’S NO WHERE IN THIS IS ONLY A- SMALL. FOR SHORT FOR RONALD SAYS YOU CAN’T TRANSFER BROUGHT IT’S NOT IN THE IF IT IF SOMEONE CAN FIND IT THEN YOU KNOW ALL EAT CROW I DON’T KNOW I MEAN I’M I’M WITH YOU THERE YOU COULD DEFINITELY TRANSFER THE PROPERTY I CAN HOLD. OF TELL ME THAT AT A BASE FOR. TRANSFER THAT’S A THAT’S A RIGHT THAT. BUT BUT THE PROBLEM IS WHEN YOU DO THAT WHAT’S THE NET IF YOU HAVE A NEW OWNER WHO DID HASTERT THAT THAT PERMIT. THAT WAS IN PLACE IS NO LONGER EFFECTIVE AND YOU’VE GOT A NEW OWNER HE’SGOT TO REPLY BUT- IF THAT OWNER IS NOT GOING TO USE THE SAME PERMIT T. BECAUSE THE SHORT TERM. WAS AT OWNER CAN’T CAN’T USE THE SAME PURPOSE BECAUSE IT PERMITS NONTRANSFERABLE. THIS IS THE EXACTLY MY POINT. MISTER LEVIN IS NOT TRYING TO TRADE FOR THE PERMIT AT ALL THE HAS IT IS NOT. HE STILL OWNS THE PERMIT. AND HE SIMPLY TRYING TO RENEW THE PERMIT YOUR RESPECTIVE OF THE TRANSFER PROPERTY BECAUSE THERE’S NO PROHIBITION ON THE FRENCH FOR PROPER. NO LONGER OWNS THE PROPERTY THE TRUST OWNS THE PROPERTY CORRECT. BUT USE THE BIRD. YEAH YOU’RE SAYING THAT HIT THAT. IF I HAD IF. THE CAUSE IS A RENEWAL AND NOT AND YOU. APPLICATION HE’S ELIGIBLE. AS MR VEIN NOT THE TRASH THAT’S EXACTLY RIGHT THIS. TO RENEW THE PERMIT. AND SO LET’S SAY SO THIS SCENARIO I HAD PRESENTED EARLIER. WHICH WAS IF HE HITS. SO THAT IF I WAS THE OWNER AND NOT THE TRUST THEN YOU KNOW I MEAN IS YEAH THIS IS A CASE WHERE YOU’VE GOT. WHERE WE WISH THE COUNCIL HAVE A SOLUTION. YOU KNOW THIS IS THE WAY AND WE HAD A COUPLE WHERE. WE LIKE GIVE US A PATH YOU KNOW BECAUSE IT DOESN’T SEEM RIGHT AND- YOU KNOW A SINGLE THE SINGER SINGLE OWNER ELSIE’S ROGEL TRUST THAT TYPE OF THING. AND AT REALLY HOPE THAT THAT LEGISLATIVELY THEY WOULD FIX THIS. REALLY WEIRD SITUATION. BUT YEAH SO THAT’S WHY THE YOU KNOW IF THERE IS THERE’S A DIFFERENT WAY TO THINK ABOUT IT. AND THERE IS A DOG THAT A LEGAL PAD. THEN THAT WOULD BE BAD. AND I’D LIKE TO HEAR BUT IF I WERE THE OWNER AND NOT MR LIVING BUT HE HAD THE PERMIT AND HE WOULD NEED A PERMIT AND I WENT TO GET A PERMIT. WHO HAS A RIGHT TO THE- RIGHT. THE IS ARE YOU SAYING THAT SHE IS GRAY AND I’VE BEEN THERE I’M SAYING IT’S IN THE NAME OF THE PERMIT T. THE PERSON IS ISSUED THE PERMIT. MASK. OF OBVIOUSLY REQUEST MYSTERY IN FRANCE. IS THIS THE BEST OF RIGHTS. NOT ANOTHER. OKAY BUT YOU’RE GONNA END UP THE OKAY OKAY AS IF. AND LET ME IF I MAY JUST CONTINUE TO USE A RUN THROUGH THIS. LEGAL OR NOT. AND REALLY WHAT WE HAVE HERE IS AMBIGUITY AS I SEEK YOUR RECOGNIZING AND ALL THAT’S EEN IN FRONT OF YOU WE’VE GOT SOME AMBIGUITY WE’VE GOT SOME VAGUENESS. AND BECAUSE OF THAT THAT GIVES YOU THE OPPORTUNITY TO CONSIDER THESE FACTS MAKE A DECISION THAT’S DIFFERENT THAN YOU MAY HAVE PREVIOUSLY GIVEN TO ANOTHER CASE WHICH- WERE THE FACTS DON’T MATCH. TO CONTRIBUTE TO SOME OF THE AMBIGUITY IN VEGAS AND CONFUSION. THE METRO WEBSITE SAYS. THAT. A CHANGE OF PROPERTY OWNERSHIP WILL RESULT IN PERMIT CANCELLATIONS SUCH AS QUOTE CHANGING FROM A PERSON TO A TRUST OR L. L. C. OR VICE VERSA. AS A RESULT OF REFINANCING. AS A RESULT OF REFINANCING THERE’S NO BEEN NO REFINANCING HERE’S BEEN THAT’S NOT BEEN INVOLVED. ANOTHER OF PEACE ON THE WEBSITE WHICH WE’VE ATTACHED HERE TOO OR DOCUMENT SAYS THAT. HOLDERS IN ORDER TO ZONE DISTRICTS WHICH THIS PROPERTY IS MAY BE ELIGIBLE TO APPLY FOR RENEWALS BUT THOSE PERMITS OR NOT TRANSFERABLE IF THE PROPERTY IS SOLD. THIS PROPERTY HAS NOT BEEN SOLD THE TITLE HAS CHANGED BUT IT’S NOT BEEN SOLD. SO SAY SOLD YOU TAKING A FINANCIAL TRANSACTION. THAT ALSO SORT. CONSIDERATION EXTREME RIGHT THAT’S RIGHT SO THOSE ARE JUST TWO ELEMENTS THAT ARE BETTER IN THE WEBSITE AND YOU LOOK AT THE LAWN AND SAYS NOTHING ABOUT TRANSFER PROPERTY THAN THE WEBSITE SAYS THINGS ABOUT TRANSFERRED PROPERTY BUT ONLY IF IT’S REFINANCING OR ONLY IF ITS SOUL AND THOSE THINGS. CREATE A LOT OF SO THEY DID SOME THINGS. STUFF GETS ON A WEBSITE THAT SHOULD GET A WEBSITES. I DON’T KNOW THAT I LOOK TO THAT AS A STORE DATA BUT ISN’T THERE A BABY ON THE DRESSES LEGAL COUNSEL WE WORK WITH IN THE DOES THE STATUE SAY THAT THE PERMIT. HAS TO BE. ISSUED IN THE NAME OF THE OWNER OF THE PROPERTY. SO WHAT THEY LOOK LIKE WHAT THEIR ARGUMENT IS THAT THE- THE POTENTIALLY AS I UNDERSTAND IT IS THE. THE HERMIT CAN BE HELD BY SOMEONE WHO DOESN’T LEGALLY ON THE PROPERTY. SO WHAT WHAT IS IT THEY’RE STATUTE. ASSUME WHAT YOU ALL ARE BASING YOUR OPINION OR THERE’S A STATUTE THAT’S CLEARLY SAYS. ALTHOUGH I THINK MR MARTIN IS SAYING THERE’S AMBIGUITY. BUT WHAT IT WHAT IS THE LAW THAT REQUIRES. THE OWNER TO HAVE A PERMIT AS OPPOSED TO JUST ANYBODY. ELSE LIKE IT OUT DO YOU HAVE THAT STATUTE. I’M READING OR. SEVENTEEN SIXTEEN ZERO SEVEN ZERO CAN YOU CAN YOU READ A LOT OF IS NOT ON OUR WAY O. READING FROM. SEVENTEEN SIXTEEN ZERO SEVEN ZERO TWO ONE EIGHT BECAUSE I HAD METRO CODE OR THAT THAT IS A MAJOR KERR ROOT CAUSES APPLICANT INDICATED THAT HE HAD A- NOT OWNER OCCUPIED PERMIT. WHAT THAT. SECTOR THE CODE SAYS IS THAT NO PERSON OR ENTITY. TO OPERATE IN S. C. R. P. OR ADVERTISE. A RESIDENTIAL PROPERTY FOR USE AS AN SRP WITHOUT THE OWNER OF THE PROPERTY. FIRST HAVING IT OBTAIN AN S. U. R. P. PERMIT FROM THE CODEADMINISTRATION. SO AGAIN IT SAYS NO PERSON OR ENTITY SHOW OPERATE AN S. R. P. OR ADVERTISE A RESIDENTIAL PROPERTY FOR USE AS AN S. R. P. WITHOUT THE OWNER OF THE PROPERTY. BEING THE TRUST HAVING OBTAINED AN SRP MY S. T. R. P. PERMIT. THE COACH ADMINISTRATION. IT I’M NOT UNSYMPATHETIC TO YOUR CLIENT’S POSITION ON. THAT THEY’RE- THEY’RE OPENING THIS TO ME IT’S REALLY CLEAR THAT THE OWNER. THE PARENT HAS TO BE WITH THE OWNER AND THAT’S WHAT THEY DECIDE IT IS. THE LAW IS AN INTERESTING FLIGHT THANKS. THERE’S NO OTHER REAL CONCLUSION FROM THAT STATUTE. I THINK THE EMPHASIS ON THE PERSON IS IMPORTANT IN THIS SITUATION THE PERSON IS THE SAME PERSON. IT’S THE SAME PERSON WHO GOT THE PERMIT IT’S THE SAME PERSON WHO’S RENEW DEPARTMENT TWICE IT’S THE SAME PERSON IS TRYING TO RENEW THE PERMIT NOW. BUT FOR THE TRANSFER TO A- TRUST. HE’S PREVENTED IS BEING PREVENTED FROM HAVING THAT THAT. THE COUNCIL LADY NEEDED JOBS AND HAS WEIGHED IN ON THIS QUESTION BECAUSE LEGISLATIVE INTENT YOU KNOW WHAT WAS THE COUNT SPEAKING WITH THE COUNCIL’S TRYING TO DO RIGHT NOW IN HER EMAIL HERE TO THIS TO THE SPORT.MY INTENTION WHEN I CO SPONSORED THE BILL WAS TO RESTORE QUALITY OF LIFE IN RESIDENTIAL NEIGHBORHOODS BUT NOT TO PUNISH AS TO YOUR OWNERS WHO FOLLOW THE REGULATIONS AND CAUSE NO HARM. TO SURROUNDING NEIGHBORS SALMON LISA HAPPENING AN EXAMPLE OF HOW A WELL MANAGED AS TO YOUR CAN BE A GOOD NEIGHBOR AS YOU CAN SEE FROM THE SUPPORT FROM THEIR SURROUNDING NEIGHBORS. I BELIEVE SAME ELISE ARE THE VICTIMS OF UNUSUAL CIRCUMSTANCES CAUSED BY BAD ADVICE FROM THE REAL ESTATE ATTORNEY. DROP DOWN I HOPE THE BOARDS ONLY VERY APPEAL COMMISSIONERS DECIDED FAVORABLE BEANS AND REINSTATE ARREST YOUR- APARTMENT. SO THAT LEGISLATIVE INTENT I THINK HAS SOME BEARING ON HOW YOU CONSIDER. THIS REQUEST. THAT’S THE METRO ALL I WANNA TALK ABOUT STATE LAW HERE REAL QUICK. THE SHORT TERM RENTAL UNIT ACT THAT WAS ADOPTED AFTER AFTER THEY RENEW THEIR PERMIT BUT BEFORE THEY- TRANSFERRED THE PROPERTY TO. TO THE TRUST. I DON’T THINK IS REALLY IN PLAY HERE. BUT REPRESENTATIVE CLEMENS HAS WEIGHED IN ON THIS AND HE SAYS THAT THIS BOARD IS NOW TASKED WITH DECIPHERING THE STATE’S ACTIONS AND INTO HE ACTUALLY OPPOSE THE STABLE HE FELT LIKE AS HE SAYS IN HIS LETTER THIS DECISION REALLY OUGHT TO BE UP TO LOCAL GOVERNMENTS NOT THE STATE. BUT IN ANY EVENT. HE SAYS THAT WE SHOULD VAGUENESS IN THE WALL THE STAPLER. TO REQUIRE EXAMINATION OF LEGISLATIVE INTENT. ONE COULD POINT TO THE DUAL PURPOSE OF THE LEGISLATION WHICH WAS THE PROPONENTS OF OBJECTIVE TO PROTECT OWNER’S PROPERTY RIGHTS B. TO PROHIBIT THE CONVEYANCE OF THE ORIGINAL OWNERS PROPERTY RIGHTS TO SUBSEQUENT PURCHASERS IN PERPETUITY AGAIN THERE’S NO PURCHASER HERE. HE CONTINUES WHEN REVIEWED CUMULATIVELY ONE CAN REASONABLY ARGUE THAT THE LEGISLATURE DID NOT INTEND TO PUNISH ALL BUDDING OWNERS OR DEPRIVE THEM OF THEIR PROPERTY RIGHTS WHEN THE OWNERS EFFECTIVELY RETAINED. SOLE OWNERSHIP OF REALISTIC. AS IS THE CAN AS IS THE SITUATION HERE AS WELL AS THE BENEFITS RESPONSIBILITIES RESULTING THEREFROM REGARDLESS OF CHANGE IN LEGAL OWNERSHIP. SO ONE OF THE STATE LEGISLATIVE INTENT REPRESENTATIVES HERE IS COMMENTING ON THE LEGAL OWNERSHIP. QUESTION RELATIVE TO SOLE OWNERSHIP OF THE PROPERTY WHICH IS STILL. IN THE MOVIES SO I THROW THAT OUT THERE JUST FOR THOUGHT FINALLY. WHAT’S REALLY IMPORTANT HERE I THINK IS THAT. SETTING ASIDE THE SHORT TERM RENTAL OR METROS NO HAD I THINK SEVEN OF THEM THERE’S BEEN ABOUT SEVEN AMENDMENTS TO THE METRO ROLE. AND NOW WE HAVE A STABLE WHICH IS EVEN FURTHER. SO MAYBE DUTY IN QUESTION AND THEY GO STRAIGHT TO SEE. IS HOW THESE THINGS ARE HANDLED. WHAT’S CERTAIN. IS THAT THE LONG CAN PROPERTY RIGHTS WHICH PROVIDES FOR ANY CHANGE IN ZONING OF AFFECTING A COMMERCIAL BUSINESS WHICH THIS IS. CANNOT PREVENT THAT BUSINESS FROM CONTINUING IN FACT IT STATES THAT I SHALL BE PERMITTED. AND SO WHEN METRO CHANGE THE ZONING ON FEBRUARY SECOND TWENTY EIGHTEEN. THEY MADE THIS USE A COMMERCIAL USE IT WAS A NON CONFORMING BECAUSE YOU CAN NO LONGER DO THEM IN A RESIDENTIAL DISTRICT. AND AT THAT POINT TIME THIS THIS SHORT TERM RENTAL OPERATION A NON OWNER OCCUPIED TOOL TO REMOVE THIS INCIDENT BECAME. A LEGALLY NONCONFORMING. AND PERMITTED UNDER STATE LAW TO CONTINUE. AND THERE’S ONLY FOUR FACTORS THAT MY CLIENT HAS TO MEET IN ORDER TO AVAIL THE PROTECTIONS THAT THE NON CONFORMING STATUTE PROVIDES AND- LET ME JUST TOUCH ON THIS RECORD. ENGINES ONLY SO THE ZONING LAW CLEARLY CHANGE FEBRUARY TWO THAT WAS COUNSEL BILL TWENTY SEVENTEEN DASH SIX OH WAIT. WHAT STATE STATURE YOU REFERRED TO IS THAT IN OUR JOURNALS ARC AND FOLLOW ALONG WITH YOU. I DID NOT SUPPLY YOU WITH THE STATUTE WHICH IS THAT IS THAT THE ONE MISTER WALTERS REFORM YES SISTERS RIGHTS YES IT IS. IT’S TENNESSEE CODE IN A DATED THIRTEEN DASH SEVEN DASH TWO AWAY. I HAVE A COPY OF IT HERE I CAN CERTAINLY SOME OF THE- SORRY ARE YOU WERE REVIEWING THE TIME ONE. YES ALL THE TIME LINES ARE SIMPLE FEBRUARY SECOND TWENTY EIGHTEEN IS INVOLVED AND THAT’S WHAT I’M REFERRING TO. THAT IS A BRIGHT LINE DATE FOR THE LITTLE BEANS BEING PROTECTED UNDER THAT STATE’S STATUTE AND AGAIN THEY ONLY HAVE TO SATISFY FOR. FAX IN ORDER TO AVAIL THEMSELVES OF THAT ONE THERE’S A CHANGE IN BEDFORD ON FEBRUARY SECOND THAT AFFECTS THE USE OF THIS PROPERTY. SECONDLY THE SHORTER MODEL THAT WAS PERMITTED. IT WAS OPERATING PRIOR TO THE CHANGE IN THE LAW CLEARLY IT WAS OPERATING FOR TWO YEARS THREE THE BUSINESS WAS OPERATING WITH SOME CHANGE TOOK AFFECT. AND IT IT HAS TAKEN EFFECT AND THEN THIRD THE CURRENT BUSINESS IS THE SAME BUSINESS. OPERATORS THE SAME. NOTHING HAS CHANGED. AT ALL PERTAINING TO HOW THE HOW THE PROPERTY WAS BEING USED AND OPERATED. UP BEFORE THEY QUIT CLAIM TITLE. TO HIMSELF AS TRUSTEE. SO FOR ALL THOSE REASONS. WE WOULD SUBMIT THAT. YOU KNOW THE PERMIT WAS NT TRANSFERRED THE FIRM IT IS STILL IN THE NAME OF SAMUEL LEVINE IT WILL REMAIN IN THE NAME OF SAYING A LIVING AND- ALL WE ASK THAT YOU APPROVE THE RENEWAL. OKAY AND THERE IS OPPOSITION I BELIEVE. WE WILL HEAR ABOUT THE SESSION AND OR ALLOW THEM IN THE DISTAL TWO MINUTES TO GIVE ME TWO MINUTES AND FORTY THREE SECONDS TO. FOR ALL OF THE NEXT FEW MINUTES. PHYLLIS’S OBJECTION FROM THE FOURTH. YOU SHOULD HAVE A BODY COUNT YEAH. IS RESPECTFULLY REQUEST THAT WE FORGET ABOUT THE LAST CASE THAT I HAD TO. START A NEW ONE THAT’S WHEN MEMBERS OF THE BOARD. THE THIS IS IT VERY NUANCED ARGUMENT BUT IT’S A CORRECT ARGUMENT WHEN YOU TRANSFER. LEGAL TITLE FROM AN INDIVIDUAL NAMED TO REVOKE HERBAL TRUST THAT IS A CHANGE OF OWNERSHIP A REBUILDABLE DRESS IS A SEPARATE LEGAL ENTITY FROM AN INDIVIDUAL’S NAME. THROUGHOUT THE CODE DURING THE APPLICATION AND RENEWAL REQUIREMENTS IN THE METRO CODE IT SAYS OWNER OWNER OWNER OWNER OWNER WE HAVE ELIMINATED NON OWNER OCCUPIED. SHORT TERM RENTALS IN RESIDENTIAL SOME DISTRICTS IN THIS CITY. THIS IS WHAT WE HAVE WITH THIS IS A BELIEVE IT’S A- R. S. FORTY AND THIS IS A- VERY NICE RESIDENTIAL NEIGHBORHOOD. THAT THE METRO COUNCIL HAS FERVENTLY STATED THAT THEY DO NOT WANT SHORT TERM RENTALS. NO I UNDERSTAND. AND I DO SYMPATHIZE WITH APPLICANTS THAT THEY HAD A PERMIT AND THAT IS A VALUABLE FOR ME AT BUT HOWEVER WHEN YOU TRANSFER OWNERSHIP. ADAM WANTED TO SEE THE OTHER YOU LOSE THAT PERMIT AND THE REASON WHY YOU. I GET A REVOKE HERBAL TRUSTEES BECAUSE YOU GET A BENEFIT WITH THAT BUT MANY TIMES WHEN YOU RECEIVE THE BENEFIT BENEFIT THERE’S ALSO A DETRIMENT. THE BENEFIT IS THAT MAYBE YOU CAN BYPASS PROBATE AND SAVE SIGNIFICANT MONEY AT THE PROBATE PROCESS THE JUDGMENT IS YOU LOSE YOUR METRO SHORT TERM RENTAL APARTMENTS. AND THAT’S WHAT WE HAVE HERE. AS FAR AS THIRTEEN SEVEN SIX OH THREE THAT’S THE SHORT TERM RENTAL AT THE PERTINENT PART SAYS UNTIL THE PROPERTY IS SOLD COMMA TRANSFERRED CEASES. FROM BEING USED FOR THIRTY CONTINUES MUCH TRANSFERRED IF YOU LOOK AT THE QUIT CLAIM DEED WHICH TRANSFERRED THE PROPERTY INDIVIDUAL INDIVIDUALS NAME TO THE TRUST AT THE TOP IN THE FINANCE SECTION IT SAYS THE TRANSFER CONSIDERATION. IF YOU GO TO THE GRAND TOWARDS LANGUAGE. IT SAYS THAT. THE PARTY REMINDS REMINDS. IN THE IF YOU LOOK AT BLACK’S LAW DICTIONARY MEANS TO GIVE TO GIVE IS TO TRANSFER. BLACK’S LAW DICTIONARY QUIT CLAIM THE DOCUMENT ALLOWS THE TRANSFER OF A CORNY BE IT IN INTEREST RIGHT OR TITLE. THAT THE MAKER OF THE DOCUMENT MAY HAVE BEEN A PROPERTY WE IT IS A TRANSFER IT IS IN IT’S PROBABLY SOMETHING THAT THE COUNCIL MAYBE NEEDS TO MASSAGE MAYBE THEY NEED TO GO BACK EVERYTHING THAT I THINK THERE’S A LOT OF THINGS THAT THE COUNCIL PROBABLY. NEEDS. TO CORRECT TO ALLEVIATE SOME OF THE BURDENS OF THIS BOARD. BUT THE WAY THAT THE LONG IS REALLY. WE WOULDN’T HOLD OUR BREATH. BUT THE WAY THAT THE LAW IS WRITTEN THE WAY THAT THE CODE IS WRITTEN IN THE WAY THAT THE TENNIS THE WALL IS WRITTEN. NONE OF THAT IS APPLICABLES HERE IT WAS A COMPLETE CHANGE OF OWNERSHIP. AND YOU HAVE TO BE EASILY THE VERY FIRST THING TO HAVE AN OWNER OCCUPIED. IN METRO NATIONAL YOU HAVE TO BE THE OWNER OF THE PROPERTY. GOING BACK I SHOULD PROBABLY TELL YOU WHO I REPRESENT TODAY I GUESS I GOT IN AN ARGUMENT I REPRESENT MR KIM WILSON WHO REPRESENT EVERY LIVES AT SIXTY AND WEST MAIN DR. MISTER KEVIN AGAIN WHO IS SIX TWENTY FIVE JOCELYN HOLLOW ROAD SO TESE ARE RELATIVELY CLOSE IN NEIGHBORS THAT WOULD BE IMPACTED COMPLETELY IMPACTED BY THE USE OF A SHORT TERM RENTAL PERMIT. AND THEY WANT ME TO EXPRESS THEIR VEHEMENT OPPOSITION TO ALLOWING THE SHORT TERM. RENTAL TO CONTINUE IN THIS RESIDENTIAL DISTRICT. AND TO THE BEST OF PROPERTY RIGHTS ACT. I WAS FORTY WE ARE WE ARE IN TWO CASES BOARD FEELS GUESS MR HNRY’S FARM ON THE BASE OF PROPERTY THEY THEY PREVAILED BUT ONE OF THE REASON WHY THEY PREVAILED IS LIKE THEY HAD THE SAME OWNER. THROUGH THE ENTIRE. THE ENTIRE PROCESS. I DON’T KNOW. I DON’T KNOW IF THAT WOULD HAVE BEEN THE SAME SITUATION SOMEWHERE IN THE MIDDLE OF THAT ZONE CHANGE EITHER BEFORE OR AFTER THEY TRANSFERRED OWNERSHIP. VESTING OCCURS WITH THE YOUNGER. THE PERSON WHO BECOMES INVESTED WITH THE RIGHT. DOESN’T GET TO TRANSFER THAT THAT IS THE POINT OF A TRANSFER. SO I I’M SYMPATHETIC TO THEIR CALLS AND I UNDERSTAND THAT IT’S A VERY NUANCED ARGUMENT BUT SOMETIMES THE LAW IS VERY NEW ALLIANCE AND IN THIS SITUATION I BELIEVE YOU CAN LOOK AT THE MAJOR CODE YOU CAN LOOK AT THE SHORT TERM RELAX AND YOU CAN LOOK AT THE VESTING PROPERTY RIGHTS ACT IN NONE OF THOSE AFFORDS EIGHTY RELIEF FOR THE APPLICANTS SO I WAS JUST THERE FOR THE TWO SIDES ALL ON THE ON THE NEIGHBORS THAT ARE MOST IMPACTED BY YOUR MOST IMPACTED BY IT AND ALSO. CONTINUE TO SIDE WITH MAJOR LABELS INTERPRETATION THIS AND DID NOT THEIR REQUESTS. THANK YOU. THERE’S AN S. AND MISTER HENRY YOU AT HOME YOU KNOW THERE WAS ANY. OTHER ANY OTHER. THEY SET IN STONE OR SOMETHING I DON’T KNOW IF THERE’S ANY TIME LEFT FOR. YEAH. HE WAS GOING TO A MINUTE YEAH THEN I YEAH YOU HAVE TWO MINUTES WITH A HOOK UP QUESTION ON. THE I GUESS THAT. WE ADDRESS JUST REFERS TO A VOTE ON THE GIVING THEM THE ADDITIONAL WE DID I DID I HAVE TO ASK YOU AS I SAID I’M I’M ALLOWING. BOTH SIDES AN EXTRA FEW MINUTES LIZARD OBJECTION AND THEY WANT TO IS THAT ACCEPTABLE FOR AND THE TWO MINUTES. OKAY I MEAN THEY CAN MAKE IT MAKE IT MORE FORMALIZED I JUST WANTED TO. THE RECORDS YEAH AND I KNOW THAT. I THOUGHT I. ALTHOUGH MAYBE A WATCH LOOK. THE QUESTION I HAVE IS. IF I WERE IF I WERE TO MAKE A MOTION TO DESIGNING ADMINISTRATOR DID NOT ARE THE BIG CHURNING ADMINISTRATOR HERE IN THIS CASE. HOW WOULD HOW WOULD IT SOUND. BUT TELL ME WHAT THAT MOTION WOULD BE. WHICH ESSENTIALLY SUMMARIZES YOUR CASE BUT. AND THEN GETS TO THE HEART OF THE ITEM A. WHAT WOULD A MOTION BE THAT THE ZONING ADMINISTRATOR HERE YOU’RE RIGHT SO YOUR RESPECTIVE I MOVE THAT YOUR RESPECTIVE OF THE TRANSFER. OF THE PROPERTY. IT HAS NOT TRANSFER YOUR BEEN ASSIGNED TO A NOTHER. FOR ME IT IS STILL IN THE NAME OF SAM LEVINE. AND IMPORTANTLY THAT SECTION REFERRED CAN I RE READ THAT REPORT. AND YES TO YOUR PERMIT. SHALL NOT BE TRANSFERRED OR ASSIGNED TO ANOTHER INDIVIDUAL PERSON INTO DIRECTORATES. NOTION NOR SHALL THE PERMIT AUTHORIZING THE PERSON OTHER THAN THE PERSON NAME THERE AND THERE’S ONLY ONE NAME AND SAME YOU’LL BE LIVING IN IT HASN’T CHANGED. OPERATOR AT THIS TO YOUR PERMIT ON THE PROBLEM. NOW YOU CAN. HI THANK YOU FOR YOUR TIME I’M LISA LIVING NO OFFENSE TO ALL THE ATTORNEYS IN THE ROOM BUT IT’S AN ATTORNEY THAT GOT US WHERE WE ARE TODAY. THE GENTLEMAN WE’VE ONLY BEEN MARRIED THREE YEARS WE WENT TO HAVE SOME ESTATE PLANNING DONE THOUGHT WE WENT TO SEE A GOOD ATTORNEY AND HE TOLD US THAT TO PROTECT MY HUSBAND’S PROPERTY FOR HIS CHILDREN IN THE LONG RUN THAT. WE SHOULD PUT THE PROPERTY IN INTERACTS. NEVER USE THE WORD TRANSFER. IN FACT THE WORD HE USED WAS FINE. WE BOTH HAVE COPIOUS NOTES WE’RE WE ASK THAT ATTORNEY. IS THERE ANYTHING THAT YOU’RE TELLING US IT’S GONNA HURT AT. WE HAVE A SHORT TERM RENTAL WE’VE HAD IT FOR A COUPLE OF YEARS. OUR NEIGHBORS ARE HAPPY WITH. WE WANT TO CONTINUE TO DO THIS FOR SEVERAL MORE YEARS AND THEN WE WANT TO MOVE BACK INTO THAT PROPERTY. WE DON’T WANT TO DO ANYTHING THAT’S GOING TO HAMPER THAT. CAN YOU GUARANTEE US THAT THIS IS NO PROBLEM AND HE TOLD US. AND I QUOTE IT’S A LATERAL MOVE IT’S NOT GONNA HURT YOU. YOU NEED TO LET ME GO AND DO IT. SO WE TRUSTED IN THE TOURNEY WE TRUSTED A PROFESSIONAL. AND WE LET HIM DO WHAT HE SAID WAS GOING TO BE OKAY. AND WE THOUGHT IT WAS OKAY. AT TIMES A ARE THERE ANY OTHER QUESTIONS. I HAVE JUST ONE POSED QUESTION MISTER HENRY OKAY AND IT’S JUST THE- LEGAL TITLE. IF THERE’S A MORTGAGE ON THE PROPERTY IS TECHNICALLY HELD BY THE TRUSTEE UNDER THAT BIG OF TRUSTED. I DON’T KNOW NO I I’M JUST I’M JUST POSING A HYPOTHETICAL QUESTION DID YOU JUST BECAUSE IT’LL I’LL BRING IT BACK INTO YOUR ARGUMENT YOU GET. THAT IF YEAH I MEAN LEGAL PALACES THE BLACK WALL DICTIONARY THIS FORM OF STUFF. THAT YOUAND I PROBABLY HAD MORE YEARS AGO BECAUSE WE WANT TO TALK ABOUT BUT LEGAL TITLES TECHNICALLY VESTED IN THAT TRUSTEE UNDER DEED OF TRUST AND THIS IS THE BIG TRUCKS DAY LET’S JUST USE THAT. AS A GIVEN IF YOU WOULD LIKE NOT THE OWNER OF THE PROPERTY BECAUSE THE PERSON WHO BORROWED THE MONEY IN PLACES THAT THE TRUST ON THAT. IS THE- EQUITABLE OVER THEY ONLY EQUITY IN THAT PRETTY THE TRUSTEE OF THE DEED OF TRUST IS THE LEGAL OWNER. UNDER THE CASE LAW. SO IF IN USING YOUR ARGUMENT. THE TRANSFER INTO THE EUROPOL TRUCKS IF YOU USE THAT ARGUMENT IF SOMEONE. SAY HAS A PERMIT. AND GOES OUT REFINANCES THEIR HOME THAT THEY’RE USING THAT THEY HOLD PERMANENT AND THEY HAVE A NEW DEED OF TRUST ON THAT PROPERTY. LEGAL OWNERS CHANGE SO EVERYBODY THAT DOES THAT WOULDN’T BE SUBJECT TO. SHORT TERM RENTAL REGULATION WHICH IS A PROPER EXERCISE OF AUTHORITY BY THE STATE. AND BY THE- MINUTE METRO. SO THEY WOULDN’T BE ELIGIBLE. SAID SAID TRANSFER OWNERSHIP OF THE PROPERTY TAXES FOR. SO WHAT IS THE DIFFERENCE IN THIS SENSE THAT. WHICH IS NOT A ROUND ABOUT WAY OF GETTING TO WHERE I THINK YOU WERE A LITTLE BIT ABOUT. WHAT’S THE DIFFERENCE IF YOU TRANSFER TO A LEGAL ENTITY IN IRAQ IRREVOCABLE TRUST. ABSOLUTELY BASED ON. I DON’T KNOW THE BACKGROUND OF THE LEGAL ADVICE THAT THEY GOT FROM THEIR THEIR ESTATE ATTORNEY. IF THAT’S THE CASE THEN MAYBE THE GRAB AND THEN IS IT NECESSARILY WITH THE SHORT TERM RENTAL AND WHETHER THEY’RE ELIGIBLE FOR ONE OF THE- BUILDING AND STRAIGHT TO MAKE THE CORRECT DECISION I THINK YOU DID THIS. WHAT IS THE- THERE WERE. FOR THEIR REGRESS AND THAT WOULD BE THE ATTORNEY TO GAME THE BAD BOX. THEY DIDN’T THEY’RE TURNING WASN’T KNOWLEDGEABLE OF THE WALL OF THE BALL THE SHORT TERM RENTALS SO YOU’RE ASKING US TO DISREGARD. WHAT ARE CHARGES. AND IT’S GOOD ARGUMENT I MEAN I LIKE YOUR ARGUMENT WE’VE ARGUED ABOUT THIS BEFORE YEARS GONE BY AND. BUT I’M HAVING A HARD TIME GETTING THERE BECAUSE IT IS A TRANSFER INTO IT SEPARATELY LET’S SEE AND I DON’T THINK SCHEME. REALLY SOUTHERLY VOTING THAT WAY THE SCHEME THAT WE HAVE. THE CARD IS NOT HELD BY THE INDIVIDUAL. FIRST SET. YOU’VE GOT TO HAVE AN OWNERSHIP AN OWNERSHIP INTEREST IN THE PROPERTY. SHORT FILM RIGHT THANK YOU. YES WHAT IS THE WHOLE SUBJECT MATTER OF A SHORT TERM. ARE YOU RENTING A CAR NO YOU’RE READING A HALF YOUR READING AS WELL IN THE MORNING OF RHYTHM OR WHATEVER. SO TO. YOUR. WHICH IS GOOD I MEAN IN THAT HYPOTHETICAL. I THANK YOU YOU’VE GOT THE STATUTE. BECAUSE. YOU MAKE IT OUT IN FOR SUPPORT YOU MAKE IT AN IMPOSSIBILITY IN THE IN THE TOTALITY OF THAT’S JUST I’M EXPLAINING WHAT AND WHY I’M IN A REAL WAY I AM OR I WOULD SAY WHAT I’M SAYING GET TO THAT POINT SO THAT YOU’LL KNOW WHERE I’M COMING FROM AND IT IS A GOOD ARGUMENT I LIKE YOUR ARGUMENT I JUST HOPE THEY CAN HOLD WATER THIS TIME AND I DON’T HAVE ANY EVIDENCE OF A DEED OF TRUST EXISTING ON THIS PROPERTY YEAH IT’S NOT THE NOT THE SUBJECT I MEAN I MUSIC THERE’S A- UNIT. TERMS NOT NECESSARILY ABSOLUTELY THEY PROBABLY DON’T HAVE OKAY WHAT WE DO HAVE THE WE DO HAVE A MORTGAGE THE MORTGAGE ON THE PROPERTY WELL MORTGAGE STATEMENT IN THE RECORD HERE AND IT’S ADDRESSED TO THE SAME YOU’LL BE LEVIED AT IS THIS MOMENT ARRIVES. ON FOR THE PROPERTY IN QUESTION SO. CONSISTENTLY ACROSS THE BOARD EVERY DOCUMENT PRIVATE SECTOR DOCUMENTS PUBLIC SECTOR DOCUMENT IT’S ALL ADDRESSED TO MR SAYING. IT WILL BE. THERE ARE COMPANIES THAT ARE OBTAINING SHORT TERM. RENTAL PROGRAMS FOR NON OWNER OCCUPIED PROPERTY COMPANIES. THEY DON’T OWN THE PROPERTY. THEIR SHORT TERM RURAL. PROVIDERS THEIR MANAGEMENT COMPANIES THE STATED TO THE NATURALLY AND I GET I GET WHAT YOU’RE YOU’RE SAYING BUT THAT’S REALLY A POLICY OR- IN A- THAT’S A THAT’S A POLICY OR EVEN. CAN I JUST SAY IS SOMEBODY IT’S WORKED REALLY HARD YEAH MAN AND THAT AFTER AT THE APPRECIATED BUT WITH. YOU GUYS ARE OUT OF TIME TO MAKE AN **** QUESTION. BUT IT S. ONLY QUESTION AND ANSWERS AND- THEN I GET IT I KNOW YOU CAN ASK YOU A QUESTION I’M SORRY. I DON’T KNOW WHETHER THE ANSWER. THAT I’LL BE USING EAH. IN THIS ISN’T IT THIS IS AN AT SADLY IT’S NOT A QUESTION AND ANSWER IT’S A SCENARIO AND IT IS A HARD. SITUATION AND I DID REALIZE THAT. THAT YOU ACTUALLY SPOKE AFTER. IN THE REBUTTAL PERIOD WITHOUT SPEAKING IN THE BEGINNING AND I NEED TO ASK. AND IF THERE’S ANYTHING SPECIFIC THAT SHE SAID THAT YOU FELT LIKE YOU NEEDED TO ADDRESS. THE ONE THING WITHOUT. JUST A NOTE. WELL I THINK JUST DID. THAT BUT YEAH IF IT IF IT THIRTY SECONDS YOU CAN IF THERE’S ANY ONE SPECIFIC THING THAT WAS LIVING SAID THAT YOU WANT TO POINT OUT TO YOU AND THEN. NO LAWYER CAN SAY ANYTHING IN THIRTY SECONDS OR- HELLO. THIS IS LATE WE HAVE OVER CASE AND THAT’S ALL YOU GOT. DIGITAL JUST BECAUSE OF OUR THE RULES IF YOU DON’T SPEAK EARLY YOU CAN’T SPEAK LATER AND ALLOW THAT AND YOU SHOULD HAVE A CHANCE TO AT LEAST SAY SO. IT I’LL BE BRIEF BECAUSE OF A IF YOU LOOK AT THE CODE THE OWNER HAS ALL THESE AND I DON’T KNOW SPECIFICALLY TO WHAT MS JUST CHANGES AS YOU SAID SOMETHING ABOUT THE TRUST. AND GOING TO YOUR CHILDREN I THINK THAT’S VERY IMPORTANT BECAUSE LIKE A TRUST VERY WILL MAY REMAIN. ONCE THE PROPERTY HAS BEEN GIVEN TO THE BENEFICIARY. SO WE HAVE A SITUATION IF WE IF WE GO WITH THE ARGUMENT THAT DEPARTMENT JUST CONTINUES WITHOUT. ANY TRANSFER WITHOUT OWNERSHIP. WE COULD VERY WELL HAVE A WHOLE NEW SET OF OWNERS. DOWN THE LINE OPERATING UNDER THE SINK. BUT IF THE TRUSTED ORDER IF THE TRUSTED GOT THE PERMIT AT THE VERY BEGINNING THEN. THEN THAT THAT THAT WOULD HAPPEN. ANYWAY WELL THAT WOULD BE. THAT’S NOT TO SAY THAT YOU’RE SAYING THIS AT AN ADDITIONAL BENEFIT JUST ADDS AN ADDITIONAL BENEFIT TO IT IN JUST. IDENTIFIES THE. SIGNIFICANCE OF THE TRANSFER. THANK YOU. IF THERE’S NO MOTHER QUESTIONS WILL CLOSE THE PUBLIC HEARING THAT’S UP TO US AT THIS POINT THE PUBLIC HEARING IS CLOSED. ABOUT WELL I THINK DISCHARGES. IS GOOD A JOB AS YOU DO WITH WHAT HE HAS AND I THINK IT OVER HERE DECIDE THIS. POLICY YOU KNOW IS IT FAIR TO THESE THESE FOLKS THIS TURNS OUT THIS WAY. YOU KNOW WE MIGHT ALL BE LIVING IN A DIFFERENT DIRECTION BUT ARE. HERE ARE OUR JOB WITH THIS IS VERY VERY LIMITED STILL TO DETERMINE WHETHER OR NOT THE ZONING ADMINISTRATOR ERROR ENOUGH THING THE- THE IT’S CLEAR TO ME THE ZONING ADMINISTRATOR DID THERE WAS A THERE WAS A TRANSFER. TREACHEROUS LEGAL EFFECT IN OUR CODE OUR CODE SAYS THAT. THE OWNER HAS TO APPLY FOR AND OBTAIN A PERMIT AND. SO I HAVE I DON’T I DON’T BELIEVE THE ZONING ADMINISTRATOR. AND AS I AM EAGER TO FIND A PATH THAT WOULD ALLOW ME TO. DECIDE OTHERWISE AND PICTURES OF SINGLE. MEMBER LLC AND- TRUST OF THIS NATURE. BECAUSE I THINK THAT IT IS AN AREA. OF THE LAW THAT. PROBABLY WAS NOT INTENDED BY. CANCEL BUT I’M NOT A COUNCIL MEMBER AND A DATE ON IT SO I CAN’T SAY. AND AS FAR AS PUSHING FOR A PATH I DO THINK THAT THERE’S A LOT OF VERY. I DO THINK THAT MR GOING AS RACE THAT. GRAY AREAS THAT MAYBE SOMEBODY ELSE NEEDS TO DECIDE BESIDES US. IF THEY’RE THERE BUT- BUT I KNOW THAT THE THAT THIS COULD STAFF HAS BEEN CONSISTENTLY HAVE A- NOT A PLOT AND HOW THEY INTERPRETED THE ROLE AND. IF IT’S JUST A REALLY TOUGH SPOT IN CASES LIKE THIS CANCER MAY BE. CLEAR BUT IT’S A IT’S NOT A PLEASANT SITUATION. YES SIR WHEN I GOT THREE THREE LAWYERS AND. NEVER MIND I’M RIGHT. IS THERE A PAD THE MANAGER SEEING FOR AN ERROR. WE’VE GOT ONE ANYWAY. I THINK IT’S JUST A WHEN IS THE PRESERVATION. MOTION TO HOLD. THE DESIGN A MYSTERY OR DID NOT OR DID NOT A SECOND I HAVE A MOTION AND A SECOND ANY OTHER DISCUSSION. ALL IN FAVOR SAY AYE. YEAH. WELL I I’M GOING TO I’M GOING TO VOTE NO THE FACT IS IT DOESN’T HAVE FOUR VOTES AND IT’S NOT A PASSIVE IT IS. HELPING THOSE THREE TO TWO. SO WE WENT OUT OF THE BOAT. THE IT MEANS IT INITIAL ALSO VISION RANGE TO OPPOSE THE ZONING ADMINISTRATOR IT WOULD TAKE FOUR VOTES TO OVERTURN THIS ON THIS AND SO IT’S- ADDITIONALLY FILTERING MINISTRY IT’LL STAY PUT ON THE NEXT FOR BUGS. POLLS OR EVEN FOR A WRITER ON THIS NO I DIDN’T BUT OF. I VOTED NO. YEAH OKAY SO IS THREE TO TWO SO THAT MEANS THIS IS A OPEN IN THE NEXT DOCKET AND MISS CHAPEL IN THE SAME FOR WILL HAVE AN OPPORTUNITY TO WATCH THE VIDEO AND THAT SAID IT. AND SO WE COME BACK YEAH. BUT BUT THE PUBLIC HEARINGS CLOSED. IF I. JUST WANT TO WE WANT HERE YEAH WE WILL HEAR THE CASE AGAIN. THAT’S RIGHT. I THINK IT’S WORTHY OF A TWO AND THEY’RE TURNING. IF THEY SO CHOOSE. ALSO THIS THIS WILL BE BACK ON THE BACK ON SEPTEMBER NINETEENTH FOR NOT ABOUT. BUT NOW PUBLIC HERE LAST CASE IS CASE TWO THOUSAND NINETEEN THREE SIXTY TWO INVOLVING PROPERTY AT SEVEN EIGHTY SIX FIRST AVENUE NORTH I DON’T SEE ANYONE ELSE IN THE ROOM WHERE YOU’RE NOT POSITION FOR THIS ONE TWO THREE. OKAY SO WE JUST HAVE THE TALENT MR MEMBRANE WILL MAKE THE PRESENTATION FOR STAFF AND THE PANEL HAVE FIVE MINUTES TO MAKE YOUR PRESENTATION. ON APRIL TWENTY SIX OF TWENTY EIGHTEEN AND NON OR OCCUPIED CHILDREN WILL PERMIT WAS ISSUED TO THE PROPERTY OWNER THE HIDDEN GEM. ON SEPTEMBER THE TWELFTH TWENTY EIGHTEEN OWNERSHIP CHANGE FROM THE HIDDEN GEM TO WEST IRIS REALTY LLC BUY SELL AND INSTRUMENT THAT IS NOTED. CANCEL APARTMENT THERE WERE TEN DOCUMENTS DAYS AFTER THE OWNERSHIP CHANGE BETWEEN NINE TWELVE EIGHTEEN AND FOR TWENTY SIX NINETEEN. FOR TWENTY SIX NINETEEN DEPARTMENT. WAS SET TO EXPIRE AND MORE IS NOT RENEWED. HOWEVER HAD ALREADY PREVIOUSLY BEEN CANCELED OR THE OWNERSHIP CHANGE ON MAY THE THIRTIETH OF TWENTY NINETEEN THE HOST SYSTEM DESIST LETTER WAS SENT ESTIMATED DELIVERY ON SIX SIX OF NINETEEN MAY NINETEENTH READ TWO DOCUMENTS DAYS JUNE. OF TWENTY NINE DAY WE HAD ONE DOCUMENTS DATE JULY ONE DOCUMENTS DAY BUSY I PEEL FILED ON JULY THE THIRD OF TWENTY NINETEEN JULY NIGHT ADVERTISED WAS REMOVED. ADVERTISERS WERE POSTED ON THE TWENTY FIFTH OF JULY BUT BASED ON MY EXPERIENCE BALANCERS PROBABLY DONE BY THE WEBSITE BECAUSE THERE HAVE BEEN NO SUBSEQUENT STAYS. AND. THERE ARE NO DOCUMENTED COMPLAINTS AGAINST THIS PROBLEM. ALL RIGHT STATION NAME ADDRESS AND TELEPHONE HAVEN’T. BUT IT DOESN’T DEAL YET THE FANS GAVE A LIVE IN FRANKLIN FOURTEEN TWENTY WILLOWBROOK CIRCLE. SEE. I HAD THIS PROPERTY FOR A COUPLE YEARS ORIGINALLY WERE SET UP IT’LL SEQUEL HIDDEN GEM. LAST SEPTEMBER I WAS WORKING ON THE REAL ESTATE DEAL AND I HAD TO BRING THE PROPERTY AS PART OF MY DOWN PAYMENT ON MY BANK MADE ME CHANGE IT WEST OURSELVES THE. LATELY MY FAULT I DIDN’T. DID NOT KNOW ABOUT THE LAW THAT I HAVE TO REAPPLY FOR A PERMIT AND I FAIL TO COMMUNICATE THIS TO MY PROPERTY MANAGER. SO I DID NOT RECEIVE ANY COMMUNICATION FROM METRO SO WE- CONTINUE TO OPERATE THIS SHORT TERM RENTAL WITH LATE ALL THE TAXES I HAVE EVERYTHING ON THE RECORD. AND THEY- MY PROPERTY MANAGER WHEN AND- IT WAS MIDDLE TO RENEW THE PERMIT THAT’S WHEN WE FOUND ALL THIS OUT THAT WE WERE DOING IT ILLEGALLY SO IMMEDIATELY WE REMOVED ALL THAT ADVERTISEMENT CANCEL THE BOOKINGS IN JULY. WE WERE TOLD THAT WE COULD AT LEAST TRY TO ADVERTISE IT STAYS AT A MORE THAN THIRTY DAYS SO THAT WAS NOT CONSTITUTE. THEY WILL NOT A SHORT TERM RENTAL. WE ACTUALLY DIDN’T GET ANY BILL IS BUT THE YOU KNOW THAT’S WHY I BELIEVE SHOWED UP ON THE WEBSITE AND THEN. TRY TO READ IT FOR MORE THAN THIRTY DAYS. IT’S COMPLETELY MY FAULT WAS NOT INFORMED AND ONLINE AND MAKE ANY EXCUSES ALIKE TO A TREE NO IT WAS NOT INTENTIONAL. YEAH A LOT OF TRIED TO DO IT. ALSO LAST DATE THAT YOU RENTED THE PROPERTY. YOU KNOW I BELIEVE. I DON’T MANAGE IT MYSELF I HAVE ELEVEN COMPANY I THINK IT WAS IN JUNE SECOND ISSUE WITHIN THE LAST. STEIN OKAY. QUESTION WAS IT STOLEN STILL TRYING TO APPLY FOR A NON OWNER OCCUPIED YES I’D LIKE IT FROM WHAT I UNDERSTAND I HAVE TO DO IT UNDER MY NEW LLC IS A WEST HOURS ALSO YOU SHOULD BE ON THE PERMIT. OR NOT. SEVEN EIGHT. YEAH AND THEN. IT WAS THAT THE ELIGIBILITY IS SOMETHING THAT WE’RE NOT. YEAH WE DON’T REALLY CONSIDER THEMSELVES HE MAY BE ELDERLY PROBABLY IS IF IT’S NOT THEN. WE CAN STILL SAY WE CAN GO FOR. YOU WHETHER YOU’RE ELIGIBLE THE- YEAH THAT OFFICE. SO THAT MAKES ITDIFFERENT FROM THE PRIOR YEAH YEAH YEAH EXACTLY. ANY WANTS TO THEY WANTED TO RENEW IT THE OLD ONE HE JUST WANTS TO APPLY UNDER NEW BUSINESS. SEVEN WHAT I JUST SAID THAT’S THE RIGHT WAY RIGHT NOW I GUESS ON BY DIFFERENT LC AFTER RIGHT ANY. ANY OTHER QUESTIONS YOU HAVE ANYTHING ELSE TO ADD. OKAY BECAUSE OF A HEARING. OUT AGAIN LOOKS LIKE IT THERE WE WE’VE HAD PEOPLE THAT IF A LISTED THE PROPERTY FOR MORE THAN THIRTY DAYS AND IT SHOWED UP AS IS THE ADMIN UP ALL TAKEN THIS WORD ON THAT’S WHAT HAPPENED. AND IS IT SAFE. DESIGNMINISTERED AT MARY’S ELIGIBLE TO APPLY FOR MONTHS AFTER JUNE FIFTEENTH WHICH WOULD BE OCTOBER FIFTEENTH. A SECOND. I HAVE A MOTION HAVE A SECOND ANY DISCUSSION ALL IN FAVOR SAY AYE. OPPOSED. THAT PASSES BUT OF COURSE THAT’S JUST YEAH. FOR TWO OKAY. WE GOT REALLY WE GET RIGHT. ON OCTOBER FIFTEENTH MAKE SURE IT’S NOT LISTED RENTED OR ANYTHING ELSE TO GET YOUR COMMENTS THANK YOU YES BUT YEAH. RETURN . YEAH WELL I HAVE A

Add a Comment

Your email address will not be published. Required fields are marked *