[ Call to Order Roll Call Pledge of Allegiance to the Flag]
[00:00:04]
I WANT A CALL TO ORDER THE, UH, BRENTWOOD BOARD OF ZONING APPEALS MEETING FOR TUESDAY, JANUARY 21ST, 2025.
UM, ALISON, LET THE RECORD SHOW THAT ALL COMMITTEE MEMBERS ARE PRESENT.
UH, IF EVERYONE WILL PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
[ Approval or Correction of Minutes]
HAVE THE MEMBERS OF THE BOARD HAD AN OPPORTUNITY TO REMOVE OR TO TO REVIEW THE MINUTES FROM THE DECEMBER 16TH, 2024 MEETING? IF SO, ARE THERE ANY CHANGES? IF NOT, IS THERE A MOTION TO APPROVE? I SO MOVE.THANK YOU AND THANK YOU FOR THE SECOND.
ANY QUESTIONS? ALL IN FAVOR OF APPROVAL, SAY AYE.
[1. BZA2412-002 Accessory Structure Request - Chenoweth Subdivision, Section 19, Lot 301, 822 Woodburn Drive, Zoning OSRD - Applicant: Lotus Building Group]
OKAY.WE HAVE ONE ITEM ON TONIGHT'S AGENDA.
THAT IS BZA 2 4 1 2 DASH ZERO TWO ACCESSORY STRUCTURE REQUEST CHIN WITH SUBDIVISION SECTION 19 LOT 3 0 1 AT 8 2 2 WOODBURN DRIVE, ZONING, OSRD, ALLISON.
UM, LOTUS BUILDING GROUP REQUEST APPROVAL OF A 748 SQUARE FOOT DETACHED STRUCTURE TO BE CONSTRUCTED IN THE REAR BUILDABLE AREA OF THE LOT.
UM, THE STRUCTURE WILL BE CONSTRUCTED OF FIBER CEMENT LAP SIDING, PAINTED WHITE TO MATCH THE DORMERS ON THE FRONT OF THE HOUSE.
IT WILL HAVE A BRICK BASE AND A METAL ROOF AND BE APPROXIMATELY 15.5 FEET TALL.
THE HOUSE IS PRIMARILY A BRICK WITH DORMERS CLAD AND WHITE SIDING AND A METAL ROOF, AND THE HIGH OF THE HOUSE IS APPROXIMATELY 37 FEET TALL.
THERE ARE FOUR STANDARD CONDITIONS OF APPROVAL AND STAFF RECOMMENDS APPROVAL OF THE DETACHED ACCESSORY STRUCTURE SUBJECT TO ALL BUILDING CODES AND STAFF NOTES.
AND THEN ON THE POWERPOINT WE'VE GOT THE, UM, SITE PLAN WITH THE STRUCTURE IN THE REAR BY THE POOL, UM, FLOOR PLAN SOME ELEVATIONS, WHICH ARE HARD TO SEE FROM HERE.
UM, HERE'S SOME COLORED DIGITAL RENDERINGS OF THE PROPOSAL.
AND THEN, AND, AND IS THERE SOMEONE HERE REPRESENTING THIS REQUEST? YES SIR.
IS THERE ANY, CAN YOU COME FORWARD AND STATE YOUR NAME AND, AND ARE YOU WITH LOTUS OR ARE YOU WITH OR THE LAND? I'M WITH LOTUS BUILDING GROUP.
IS THERE ANYTHING YOU'D LIKE TO ADD TO WHAT'S BEEN PRESENTED ALREADY? NO, SIR.
DO ANY OF YOU HAVE QUESTIONS FOR, FOR HIM REGARDING THIS REQUEST? DO HAVE ANY, UH, REAL PICTURES OF THE BACK OF THE HOUSE OR BACKYARD OR, OR IS IT JUST, OKAY, SO ARE WE ALLOWED TO ASK QUESTIONS YET? YEAH, YEAH, GO AHEAD.
IS THERE A REASON YOU'RE NOT, I'M ASSUMING IT'S FINANCIAL, BUT IS THERE A REASON YOU'RE NOT DOING IT IN AN ENTIRE BRICK TO MATCH THE MAJORITY OF THE HOUSE? UH, FROM MY UNDERSTANDING, WE WERE JUST DOING THE PARTY LAP SIDING, THE CEMENT BOARD.
UM, TO MY KNOWLEDGE, THERE WASN'T A REASON AS TO NOT DOING THE ENTIRE STRUCTURE AS BRICK.
I MEAN, I KNOW IT'S AN ADDITIONAL COST, BUT JUST MM-HMM
I KNOW THERE'S DORMERS, BUT I JUST, IT LOOKS LIKE THE MAJORITY OF IT IS BRICK.
I DIDN'T KNOW IF I KNOW THE FRONT DORMERS ON THE FRONT FACING SIDE OF THE HOME.
DO HAVE A CEDAR LAP SIDING ON IT AS WELL AS A STANDING SEAM ON THOSE DORMERS.
ANYONE, ANYONE ELSE? WHAT'S THE INTENDED USE OF THE STRUCTURE, UH, TO LOUNGE, TO RELAX AROUND THE POOL? OBVIOUSLY NOT ANY DWELLING.
THERE'S JUST AN ENTERTAINMENT AREA, A KITCHEN BATHROOM AND A LAUNDRY AREA.
AND 10 IS NOT TO DWELL IN IT OR TWO SLEEP IN IT OR TO INHABIT IT OUTSIDE OF NORMAL HOURS.
ANY OTHER QUESTIONS? ALLISON, HAVE YOU RECEIVED ANY CORRESPONDENCE, UH, REGARDING THIS REQUEST? I HAVE NOT.
IS THERE ANYONE HERE WHO WISHES TO SPEAK REGARDING THIS REQUEST? OKAY.
UH, IF THERE'S NO MORE QUESTIONS, YOU, YOU CAN BE SEATED.
ANY OTHER QUESTIONS? HEARING NONE, GO AHEAD.
I GUESS I'D LIKE TO KIND OF HAVE DISCUSSION.
[00:05:01]
OKAY.IT'S SOMETHING WE'VE TALKED ABOUT THE LAST FEW MONTHS ABOUT THE, THAT STIPULATION OF, UH, LIVING OR SLEEPING QUARTERS AND JUST THE, THERE'S NO DEFINITION OF LIVING OR SLEEPING QUARTERS IN THE ZONING ORDINANCE.
THERE'S NO DEFINITION OF DESIGNED FOR IN, IN THE ORDINANCE.
SO IT'S KIND OF UP TO US WHAT THAT IS.
AND, UH, JUST LOOKING AT THIS, I, I KNOW THE STATE AND I APPRECIATE THE STATEMENT, UM, THAT THERE'S NO INTENT OF THAT, BUT THERE'S A FULL BATHROOM, A KITCHEN THAT'S SUFFICIENT FOR SUSTAINED USE, UH, A FULL LAUNDRY ROOM AND THEN A LIVING AREA, OR AT LEAST A, A LOUNGE AREA SPACE BIG ENOUGH THAT ONE COULD LIVE IN IT.
UH, SO IT, IT'S CONCERNING TO ME THAT, UM, WHERE'S THE LINE? I GUESS THAT'S THE QUESTION FOR ME IS WHAT'S THE LINE BETWEEN DESIGNED FOR LIVING OR SLEEPING QUARTERS AND OUR ADMINISTRATIVE CONTROLS OF THE CITY SAYING YOU CAN'T DO THAT.
YOU KNOW, WE'RE WE'RE, DO WE HOLD THE LINE AT IT'S POTENTIALLY DESIGNED FOR THAT, UH, OR HAS THAT POTENTIAL IN THE DESIGN, WHETHER IT WAS INTENDED FOR THAT OR NOT.
UH, SO IT'S JUST A, A QUESTION I HAVE WHEN I LOOK AT THIS IS A CONCERN ABOUT THAT.
SO ARE YOU ASKING STAFF WHAT IS APPROVED AND HOW IT'S APPROVED? NO, I'M JUST, UH, OPENING IT FOR THE DISCUSSION OF OUR, OUR BOARD HERE, BECAUSE THIS IS THE ONLY TIME WE GET TO TALK ABOUT THIS IS WHILE WE'RE SITTING RIGHT HERE IN PUBLIC FORUM.
SO I'D LIKE TO HAVE THAT CONVERSATION AND I THINK SOMEBODY WANTED TO SPEAK IF YOU'LL INTRODUCE YOURSELF.
ARE YOU THE HOMEOWNER? I AM, YES.
I RESIDE AT 8 2 2 WOODBURN DRIVE.
UM, I JUST WANTED TO, I'M SORRY, DID YOU SAY ANNIE? ANNIE, THANK YOU.
SO I JUST WANTED TO JUST PUT ON RECORD THAT IT IS NOT OUR INTENTION AT ALL, JUST AS THE HOMEOWNER JUST TO ADDRESS IT, TO HAVE THIS AS ANY TYPE OF LIVING QUARTERS.
IT'S A GARAGE DOOR, LIKE THAT OPENS AND CLOSES IN THE FRONT OF THAT STRUCTURE THERE.
SO IT WAS REALLY JUST INTENDED TO JUST KIND OF HAVE LIKE THIS KIND OF OPEN FLOW AREA.
THE DECKING, THE POOL DECKINGS GONNA BE STONE, IT'S GONNA BE STONE CARRIED THROUGHOUT THE INSIDE AS WELL.
AND THEN THE KITCHEN, IT, IT'S NOT GONNA HAVE A RANGE OR ANYTHING LIKE THAT.
JUST JUST, YOU KNOW, DON'T WANNA INTERRUPT YOUR GUYS' FLOW OF CONVERSATION.
JUST WANTED TO KIND OF EXPLAIN AT LEAST SOME OF THE AESTHETIC OF WHAT WE'RE TRYING TO DO.
AND IT'S REALLY JUST INTENDED AS A KINDA HANGOUT SPACE FOR, FOR OUR PURPOSES.
I WILL SAY THIS, THIS REALLY HAS NOTHING TO DO WITH YOU.
IT LOOKS LIKE IT FALLS WITHIN THE BOUNDARIES OF WHAT'S ALLOWABLE.
I, I'M NOT, BUT ULTIMATELY RESALE, YOU COULD RESELL THAT AND THAT COULD BE USED AS A MOTHER-IN-LAW SUITE, UM, BECAUSE OF THE WAY IT'S DESIGNED.
I THINK THAT'S WHAT WE'RE TALKING ABOUT HERE IS WHAT, WHERE, AND THIS IS FROM OUR END MORE THAN Y'ALL.
IT'S A BEAUTIFUL, I'VE SEEN THOSE, I HAVE FRIENDS WITH THOSE.
IT'S, BUT THAT'S WHAT OUR DISCUSSION IS, IS THAT'S A DETACHED AREA THAT SOMEONE COULD, YOU KNOW, LIVE IN.
AND I AGREE NOT WITHOUT PROBABLY WITH THE CLEAR GARAGE DOOR, BUT THAT'S WHY WE'RE HAVING OUR LITTLE DISCUSSION.
AND I WILL ADD, AND THEN I'LL SIT DOWN IF YOU GUYS HAVE ANY QUESTIONS, HAPPY TO ANSWER THEM.
RHOA WOULD ALSO NOT ALLOW THAT TO BE SOLD AS AN, AS AN ACCESSORY STRUCTURE AS WELL FOR ANYBODY TO EVER LIVE IN.
SO NOT RELEVANT FOR YOUR OVERALL CONVERSATION TODAY, BUT JUST SO YOU KNOW, RHOA WOULD ALSO RAISE, YOU KNOW, OBJECTIONS TO US MAKING THAT ANY TYPE OF STRUCTURE THAT ANYBODY COULD LIVE IN SEPARATELY.
SO ANY OTHER QUESTIONS BEFORE I SIT DOWN? CAN I COMMENT? WE DON'T HAVE ANY CONTROL OVER HOA RULES AND HOA RULES CAN CHANGE WITH THE WIND.
IT WAS JUST MORE MAKING, MAKING YEAH, NO, I UNDERSTAND WHAT YOU'RE SAYING.
BUT, BUT, BUT WE HAVE NO, NO INFLUENCE ON HOA RULES WHATSOEVER.
ANY OTHER COMMENTS? I JUST WANNA SAY THAT WE DO HAVE A CONDITION OF APPROVAL THAT GO OUT WITH ALL OF THESE ACCESSORY STRUCTURES THAT STATE THAT THEY CANNOT BE USED FOR DWELLING UNLESS YOU'VE GOT THREE ACRES.
ACRES, WHICH Y'ALL WOULD HAVE TO APPROVE.
AND THEN ALSO OUR SINGLE FAMILY RESIDENCE ORDINANCE DOES PROTECT ANY ACCESSORY STRUCTURE FOR BEING USED, UM, AS LIKE A, A TRUE A DU.
AND I APPRECIATE THE ADMINISTRATIVE CONTROL OF HAVING THAT STIPULATION AS A CONDITION OF APPROVAL FROM PLANNING.
BUT IT, THE ORDINANCE ALSO SAYS DESIGNED.
[00:10:01]
KIND OF THE CONVERSATION I WANTED TO BRING UP AND GET ANY INPUT FROM THE BOARD.'CAUSE WE, YOU KNOW, WE'RE NOT ALLOWED TO TALK OUTSIDE OF THIS SPOT RIGHT HERE.
SO I, I WANT TO AT LEAST GIVE OPPORTUNITY FOR THAT CONVERSATION.
AND JUST ONE COMMENT TOO, I I, ITEM NUMBER TWO, UNDER THE CONDITIONS OF APPROVAL, I MEAN I, YOU KNOW, IT IS STATED CLEARLY THAT YEAH, WE ARE OBVIOUSLY VOTING ON THE FACT THAT THIS IS NOT GONNA BE FOR, YOU KNOW, HOME OCCUPATION OR ANYTHING LIKE THAT.
SO THAT GIVES ME SOME COMFORT, YOU KNOW? YEAH, YEAH.
AND I'LL SAY THIS, I I, 'CAUSE I'VE BEEN ON THIS COMMITTEE FOR QUITE SOME TIME AND I DO RECOGNIZE THAT FIRST CONDITION OF APPROVAL.
MY QUESTION IS THIS, WHAT HAPPENS IF THE CITY FINDS OUT THAT ONE OF THESE HAS BEEN APPROVED AND WE'RE THREE YEARS DOWN THE ROAD AND IT IS BEING USED? WHAT, WHAT IS THE, WHAT IS THE FALLBACK FOR THE CITY? WE HAVE MEASURES TO RIDE HIM A VIOLATION AGAINST OUR SINGLE FAMILY RESIDENTS AND, UM, PURSUE LEGAL ACTIONS WITH OUR UM, CITY COURT.
OKAY, JUDGE, THIS IS CLARIFICATION FOR US.
WE'RE A COMPLAINT, COMPLAINT BASED.
IT'S NOT AUTOMATICALLY GONNA HAPPEN.
IT'S SOMEBODY HAVE TO SAY THAT'S THE ONLY WAY IT COULD HAPPEN IF SOMEBODY FILES A COMPLAINT IN THE LOT WITH THE CITY THAT IT'S HAPPENING.
BUT ULTIMATELY THIS WAS 751 SQUARE FEET.
THERE WOULDN'T BE ANY PLUMBING ALLOWED THIS, IS THAT CORRECT? UH, IF IT WERE 7 51, WE WOULD, IT'D BE, WE WOULDN'T BRING IT BEFORE YOU GUYS.
'CAUSE IT WOULD BE ABOVE THE 750.
BUT BACK TO YOUR QUESTION ABOUT HOW, HOW WOULD THE CITY FIND OUT OR IF THE CITY DID FIND OUT? WE GET A LOT OF COMPLAINTS ABOUT THINGS AFTER THE FACT.
UM, AND WE'D SEND A, A LETTER TO THE HOMEOWNER AND LET THEM KNOW OF THE VIOLATION AND GIVE 'EM 30 DAYS OR SO TO CORRECT IT.
IF NOT, WE'D CITE 'EM TO COURT.
NOW THE OTHER THING WE TYPICALLY REQUIRE, AND I'M ASSUMING YOU'RE DOING THIS WHEN YOU DO THE PLANS REVIEW WITH THE BUILDING INSPECTORS, IS UM, THEY'LL HAVE ON THE PLANS, YOU KNOW, THIS IS, YOU KNOW, NOT RESIDENTIAL, YOU KNOW, THIS IS ACCESSORY STRUCTURE, NO SLEEPING QUARTERS.
SO WE HAVE CERTAIN THINGS IN HOUSE THAT WE TRY TO MAKE SURE OR ON THE PLANS.
AND THEN AFTER THAT, YOU KNOW, WE MAY GET A COMPLAINT, TWO OR THREE OWNERS DOWN THE ROAD.
I MEAN, WE HAVE TO ADDRESS THOSE THINGS FROM TIME TO TIME.
BUT, AND WE'D SIDE 'EM TO COURT FOR A VIOLATION.
ANY OTHER QUESTIONS OR COMMENTS? OKAY, HEARING NONE.
IS THERE A MOTION TO APPROVE? MOTION TO APPROVE? I'LL SECONDERS SECOND.
ALL IN FAVOR OF APPROVAL? SAY AYE.
ALL OPPOSED NAY YOU SAID NOW? CORRECT.
UH, ALLISON, DO YOU HAVE ANYTHING FOR US? UM, WE THERE HMM.
WORDS? THERE WILL NOT BE A FEBRUARY MEETING, SO I'LL SEE YOU GUYS IN MARCH.
CAN I HAVE ONE OTHER ITEM TWO AT THE BEGINNING OF THIS, WE APPROVED MINUTES FROM THE PREVIOUS MONTH.
I WAS NOT AT THE DECEMBER MEETING, BUT I, I REALIZED WE HAVE A QUORUM HERE EVEN WITHOUT MY, SO I JUST WANTED TO, I DID NOT SPEAK UP EARLIER SO THAT I JUST REALIZED, SO SORRY.
ANY OTHER, ANYTHING ELSE FROM MEMBERS? IS THERE A MOTION TO ADJOURN? YES.
ANY QUESTIONS? ALL IN FAVOR SAY AYE.