May 19, 2025 BZA

OKAY, WE HAVE, WE HAVE ONE PIECE OF BUSINESS, UH, ELECTION OF OFFICERS FOR, UM, THIS BOARD OF ZONING APPEALS.

IS THERE A MOTION FOR CHAIR? UH, A MOTION THAT YOU RETAIN THE SEAT .

IS THERE A SECOND? SECOND.

ALL IN FAVOR SAY AYE.

MISS LISA ROTHMAN DID REELECTION? YES.

I'LL SECOND.

UH, ANY QUESTIONS? ALL IN FAVOR SAY AYE.

OKAY, THANK YOU.

[ Approval or Correction of Minutes]

FOR THE MEETING MINUTES FROM MAY 17TH, WERE THERE ANY CORRECTIONS TO THOSE MINUTES? I WILL NOT VOTE AS I WAS NOT HERE FOR THAT MEETING.

IF THERE ARE, IF THERE ARE NO, NO CHANGES, IS THERE A MOTION TO APPROVE? WELL, UM, THAT DATE'S INCORRECT.

IT SHOWS, OH, WAIT A MINUTE.

I'M SORRY.

I'M READING IT WRONG.

THE, WE THAT THE MINUTES ARE WRITTEN ARE VERY CONFUSING.

YES, I HAVE DONE THAT MULTIPLE TIMES.

A APOLOGIES.

, I MOVE TO APPROVE THE MINUTES.

ALL RIGHT.

IS THERE A SECOND? I'LL SECOND.

ANY QUESTIONS? ALL IN FAVOR OF APPROVAL, SAY AYE.

AYE.

OKAY, WE HAVE THREE ITEMS ON TONIGHT'S AGENDA.

[1. BZA2504-001 Accessory Structure Request - Witherspoon Subdivision, Section 1, Lot 149, 1459 Witherspoon Drive, Zoning OSRD - Applicant: Castle Homes]

ITEM NUMBER ONE IS BZA 2 5 0 4 DASH 0 0 1 ACCESSORY STRUCTURE REQUEST WITHERSPOON SUBDIVISION SECTION ONE LOT 1 49 AT 1 4 5 9 WITHERSPOON DRIVE ZONING, OSRD.

SORRY, I'M TAKING NOTES OVER HERE.

UM, ALRIGHT.

UH, CASTLE HOMES REQUEST APPROVAL OF A 749 SQUARE FOOT DETACHED STRUCTURE TO BE CONSTRUCTED IN THE REAR BUILDABLE AREA OF THE LOT.

THE STRUCTURE WILL BE CONSTRUCTED OF COMPOSITE LAP SIDING AND BRICK ACCENTS THAT MATCH THE EXISTING HOUSE.

IT WILL HAVE A SHINGLE ROOF WITH METAL ACCENTS AND BE APPROXIMATELY 23 FEET EIGHT INCHES TALL.

THE HEIGHT OF THE HOUSE IS APPROXIMATELY 30 FEET TALL.

WE HAVE ONE CONDITION OF APPROVAL, AN AS-BUILT SURVEY WILL BE REQUIRED PRIOR TO FINAL INSPECTION AND ISSUANCE OF A CERTIFICATE OF COMPLETION.

AND THERE ARE FOUR STANDARD CONDITIONS OF APPROVAL AND STAFF RECOMMENDS APPROVAL OF THE DETOX ACCESSORY STRUCTURE SUBJECT TO ALL BUILDING CODES AND STAFF NOTES.

IS THERE SOMEONE HERE THAT REPRESENTS THIS, UH, PARTICULAR AGENDA ITEM? YES.

IF YOU COULD COME FORWARD AND GIVE US YOUR NAME.

ARE YOU THE RESIDENT? UH, THE BUILDER.

OH, YOU THE BUILDER.

YOUR NAME IS, HE'S HERE IF YOU NEED HIM.

UH, BRETT WRIGHT WITH CASTLE HOMES.

OKAY, THANK YOU.

BRETT, IS THERE ANYTHING YOU WANT TO ADD TO WHAT'S BEEN PRESENTED HERE? OH, EVERYTHING'S ACCURATE.

WE'RE NOT ASKING FOR ANYTHING.

WE'RE, WE'RE COMPLIANT WITH ALL THE ZONING AND, UH, THE BRICK AND ROOFING AND EVERYTHING'S STILL AVAILABLE TO COORDINATE WITH THE ORIGINAL STRUCTURE.

ANY, ANY QUESTIONS FOR, FOR BRETT? I DO.

ALRIGHT.

IS, IS THERE AN HOA IN WITHERSPOON? THERE IS.

HAS THIS BEEN APPROVED THROUGH THEM YET? YES.

ADD CHARACTER AND INTEREST, BUT ALSO COORDINATE WITH THE EXISTING HOME.

THE QUESTION I HAD WAS ABOUT THE AESTHETICS ON THE OUTSIDE.

WHEN I LOOKED AT THE HOUSE, WHEN YOU LOOK AT THE ENTIRE HOUSE, THERE'S VERY LITTLE SIDING ON THE HOUSE.

MM-HMM .

UM, THERE'S SOME BUMP OUTS AND I THINK I SAW A WINDOW ABOVE AN AREA.

WHAT, I MEAN, I DON'T KNOW WHAT PERCENTAGE OF THE HOUSE HAS SIDING, MAYBE 5% OR LESS, BUT WHEN I LOOK AT THIS, IT'S MAJORITY SIDING RATHER THAN THE BRICK.

AND I SEE YOU HAVE THE FRONT FACADE.

IS THERE A REASON YOU WOULDN'T MORE MATCH THE HOUSE? IT'S KIND OF ONE OF THE REQUIREMENTS WE HAVE AESTHETICALLY WELL, AND THAT WAS ONE OF THE DESIGNS WITH THE ORIGINAL ARCHITECT THAT DREW THE HOUSE ALSO DID THIS DESIGN.

SO WE WANTED IT TO HAVE THE SAME DESIGN LANGUAGE OF THE HOUSE, BUT THEN ALSO BE COMPLIMENTARY.

SO IT WASN'T JUST A IDENTICAL MATCH TO THE HOUSE IN TERMS OF IT'S THE SAME BRICK, BUT WE'VE ALSO GOT THE SIDING THERE THAT WE USE THE THICKER SIDING.

SO YOU HAVE THOSE SHADOW LINES.

AND SO IT WOULD

[00:05:01]

BUT THEY WERE DRAWN BOTH BY THE SAME ARCHITECT.

SO IF YOU GO BACK ONE, UM, AND YOU LOOK AT THE REAR, IS THERE A NEIGHBOR THAT'S JUST GONNA BE STARING AT THAT SIDING WITH NO WINDOWS IN THE BACK THERE, THERE IS A NEIGHBOR TO THE BACK, BUT THERE'S ALSO A LOT OF LANDSCAPING IN THE BACK AS WELL THAT'S EXISTING.

ANY OTHER QUESTIONS? OKAY.

I DON'T THINK WE HAVE ANY RIGHT NOW.

ALLISON, HAVE YOU RECEIVED ANY CORRESPONDENCE REGARDING, UH, THIS REQUEST? I HAVE NOT.

IS THERE ANYONE HERE WHO WISHES TO SPEAK REGARDING THIS, UH, AGENDA ITEM? OKAY, THANK YOU.

IF THERE ARE NO QUESTIONS, IS THERE A MOTION TO APPROVE? I'VE GOT A, I GUESS A COMMENT TO, TO MAKE ON THIS ONE.

UH, AND IT'S KIND OF THE SAME AS THE LAST FEW THAT WE'VE COME THROUGH THAT ARE SIMILAR TO THIS IN THAT THE, THE STIPULATION WE HAVE AN ADMINISTRATIVE, UH, CONDITION OF APPROVAL OF, UH, NUMBER TWO EXCEPT ON PARCELS OF THREE OR MORE ACRES.

NO ACCESSORY BUILDING SHALL BE DESIGNED AND ARE USED FOR LIVING OR SLEEPING QUARTERS.

AND, AND YOU KNOW, WE HAVE APPROVED THESE IN THE PAST AND I HAVE VOTED FOR IT AND I, YOU KNOW, I LIKELY WILL TO TONIGHT WITH THIS, BUT WITH, UH, I, I WOULD REALLY LIKE MORE DEFINITION FROM EITHER THE PLANNING DEPARTMENT OR THE CITY COMMISSION TO, UM, DEFINE BETTER WHAT LIVING QUARTERS MEANS.

AND I, I KNOW WE'VE HAD, UH, CONVERSATIONS HERE AND THERE ABOUT THAT, BUT HAVING TO, TO ME, KIND OF THREE OF THE FOUR ELEMENTS OF, OF A HOUSE WITHIN THIS STRUCTURE KIND OF SMACKS OF, OF LIVING QUARTERS.

UM, BUT IT, TO ME, IT PRECEDENT IS THAT WE APPROVE THESE AND UH, AND I HAVE CERTAINLY VOTED FOR THEM IN THE PAST AND SO I JUST WANTED TO MAKE THAT COMMENT.

SO YOU WANT MORE DEFINITION ADDED TO THE, TO, UH, TO, TO OUR CONDITIONS OF APPROVAL TO THE, TO THE ZONING ORDINANCE.

I WOULD LOVE OUR ZONING ORDINANCE TO BETTER DEFINE WHAT LIVING QUARTERS MEANS.

AND THAT'S NOT SOMETHING THAT WE CAN ADD HERE? UH, OR YOU KNOW, I DON'T THINK THAT'S ANYTHING THIS BOARD CAN DO.

SO CAN YOU TAKE THAT BACK TO YOUR TEAM? YES, I WILL.

ALRIGHT, ANY OTHER COMMENTS? UH, IF THERE ARE NONE, IS THERE A MOTION TO APPROVE? MOTION TO APPROVE? IS THERE A SECOND? I'LL SECOND.

ANY QUESTIONS? ALL IN FAVOR OF APPROVAL, SAY AYE.

ALL OPPOSED.

OKAY, ITEM NUMBER TWO IS BZA 2 5 0 4 DASH 0 0 2 ACCESSORY STRUCTURE REQUEST 12 OAK SUBDIVISION LOT 13 AT 9 5 4 1 O'HARA DRIVE ZONING R TWO ALLISON D TWO POOLS REQUEST APPROVAL OF A 400 SQUARE FOOT DETACHED STRUCTURE TO BE CONSTRUCTED IN THE REAR BUILDABLE AREA OF THE LOT.

[2. BZA2504-002 Accessory Structure Request - Twelve Oaks Subdivision, Lot 13, 9541 Ohara Drive, Zoning R-2 - Applicant: D2 Pools]

THE STRUCTURE WILL BE CONSTRUCTED OF WOOD THAT WILL MATCH THE EXISTING HOUSE AND IT WILL HAVE A SHINGLE ROOF AND IT'LL BE APPROXIMATELY 16 FEET TALL.

WE HAVE ONE CONDITION OF APPROVAL, AN AS-BUILT SURVEY WILL BE REQUIRED PRIOR TO FINAL INSPECTION AND ISSUANCE OF A CERTIFICATE OF COMPLETION.

AND THERE ARE FOUR STANDARD CONDITIONS OF APPROVAL AND STAFF RECOMMENDS APPROVAL OF THE DETOX ACCESSORY STRUCTURE SUBJECT TO ALL BUILDING CODES AND STAFF NOTES.

THAT'S NOT A CORRECT PICTURE.

I I ASSUME YOU'RE WITH UH, D TWO POOLS? YES, SIR.

ALRIGHT.

CAN YOU, AND YOUR NAME IS DON ESSON.

ALRIGHT, THANK YOU.

IS THERE ANYTHING YOU'D WISH TO ADD TO WHAT'S BEEN PRESENTED RIGHT NOW? NO, SIR.

EVERYTHING'S ACCURATE.

UH, DOES ANYONE HAVE ANY QUESTIONS? UH, I WHAT'S THE ORIENTATION OF THE PAVILION AS FAR AS THE, THE, THE ROOF LINE'S CONCERNED? IS IT EAST, WEST OR NORTH? SOUTH ON THE EAST, WEST.

EAST, WEST, OKAY.

GABLE.

SO THAT IS FACING THE GABLES WOULD BE FACING PAGE RIGHT.

ARE YOU BUILDING THE POOL AS WELL? YES SIR.

BUT WE DON'T HAVE A POOL PLAN YET.

WE DO.

THIS WAS, UH, SUBMITTED BEFORE THE POOL PLAN AND THAT IS ON A SEPARATE PERMIT.

HAS THAT BEEN APPROVED? IT HAS BEEN APPROVED.

WELL, I, PLANNING IS APPROVED IT, BUT UM, UH, UH, ART IS OUT OF, IS ON VACATION UNTIL TOMORROW.

THAT? ART WHO RE REMAN INSPECTOR? YEAH.

SO ALL HE HAS IS IS HIM TO SIGN OFF THAT EVERYBODY'S REMAN.

WHAT'S

[00:10:01]

HE'S ON VACATION.

ALRIGHT, SO THAT'S WITH THE POOL.

SO I HAVE A COUPLE QUESTIONS UNLESS YOU'RE NOT DONE OVER THERE.

I'M GOOD, THANK YOU.

SO I CAN I APPROACH GOT ONE MORE? SURE.

GIVE YOU A LITTLE BIT MORE CLARIFICATION.

SO THE ROOF IS SHINGLE CORRECT.

TO MATCH THE EXISTING HOME? CORRECT.

AND I ACTUALLY TOOK THE TIME TO DRIVE OVER THERE THIS WEEKEND AND LOOK AT THE LOT AND KIND OF SIT THERE, UM, BECAUSE THERE'S BEEN SOME QUESTIONS ABOUT LOCATION AND DIFFERENT THINGS.

OBVIOUSLY THAT'S A SLOPE BETWEEN THE HOUSES.

ARE YOU GONNA HAVE TO CUT OUT THAT HILL ON THE PROPERTY LINE? IS THERE GONNA HAVE TO BE A RETAINING WALL THERE AT ALL? SO IF WE DO ANY CUTOUT IT'LL BE MINIMAL.

I'M FIGURING BETWEEN 24, MAYBE 30 INCHES, THEN WE WOULD PUT SOME SORT OF RETAINING BLOCK, BUT IT WOULD NOT BE A RETAINING WALL BECAUSE WHEN I LOOK AT THE, THE LEVEL, YOU KNOW, THE GROUND LEVEL NUMBERS IN THE PLAN HERE ON THE 20 FOOT SETBACK, IT LOOKS LIKE IT'S ON THE RED LINES.

UM, IT LOOKS LIKE IT'S MAYBE 6 86 79.

AND THEN WHEN YOU LOOK AT THE PLAN WITH IT ON THERE, YOU'RE AT 6 74, I'M ASSUMING THE PAVILION'S GONNA BE LEVEL CORRECT.

SO YOU HAVE TO CUT OUT SOMETHING IF YOU'LL GO BACK TO THE PICTURE OF US STANDING THERE.

SO WHERE, UH, I'M IN THE GRAY JACKET THERE SO THAT IF YOU SEE THE, THE BOTTOM TREAD, THE POOL WILL COME TO THE TOP OF THAT WILL BE EVEN FULL DECK EVEN WITH THAT BOTTOM TREAD OF THE STAIRS RIGHT THERE OFF THE BACK DECK.

SO THE RETAINING WALL IS ACTUALLY GONNA BE ON THE BACKSIDE THERE AND WE'RE UNDER FOUR FEET.

'CAUSE YOU'RE BUILDING UP, CORRECT? CORRECT.

AND SO LIKE I SAID, IF WE HAVE ANY UNDERCUTTING TO DO FOR THE PAVILION, IT'D BE LESS THAN 24, MAYBE 30 INCHES AT THE MOST IN ORDER TO MAKE THAT LEVEL.

SO.

UM, DO WE HAVE PICTURES OR WILL WE HAVE PICTURES THAT WE WERE PROVIDED BY THE, THE NEIGHBOR? I DID NOT INCLUDE THEM.

SO YOU, WHAT OTHER PICTURES? I I'VE GOT YOU'RE BE 10 YEAR, SO YOU'RE GONNA BE 10 FEET OFF THE PROPERTY LINE, IS THAT CORRECT? OR 20 FEET? WHAT IS IT GONNA BE FROM 20? WE'RE GONNA BE MORE LIKE 22.

WE'RE GONNA GIVE SOME, SOME LEEWAY THERE.

WE'RE NOT.

WE'RE NOT GETTING THAT.

SO IT IS, IT IS SLOW PART AND THEN IT COMES.

AND THEN THE ONLY OTHER QUESTION I HAD, IF YOU DON'T MIND, WAS ON THE AESTHETICS OF THE DIRECTIONS.

IN THE END IT SAYS BACK WALL FOR SHADE, STONE VENEER.

WHAT DOES THAT MEAN? BECAUSE THIS LOOKS LIKE SLATS.

IS THIS A KIT? MAYBE IT IS NOT A KIT? NO, SIR.

IT LOOKS LIKE THERE'S SLATS.

I DON'T KNOW WHAT IS, WHAT'S THAT BACK WALL? SO THAT, THAT WAS A RENDERING THAT I DID AND I JUST COULDN'T GET.

SO THIS IS A LITTLE BIT BETTER RENDERING.

UM, WELL WE'RE GONNA HAVE, THERE WE GO.

THAT THAT'S THE ONE I WAS LOOKING FOR RIGHT THERE.

THAT ONE'S GOT THE BUT NO FIREPLACE.

I TOOK THE WINDOW OUT.

NO FIREPLACE.

HERE'S THE FIREPLACE IN THIS, CORRECT? WAIT, THERE'S FIREPLACE IN THIS? NO, NO IN THIS.

WELL IT'S ON THE BACK WALL.

THAT'S THAT'S IT'S NOT IN THE DRAWING.

BUT IT'S ON THIS RENDERING.

WELL WHAT IS ON THE BACK WALL? WHAT'S THE FINISH ON THE BACK WALL THAT THE NEIGHBOR'S GONNA BE LOOKING AT STONE? IT IS GONNA BE STONE.

OH GOOD.

SO IT'S THE OTHER ONE SUIT AND THAT STONE GOES ALL THE WAY UP THE OR? CORRECT.

SO IT'S, SO THIS RENDERING WHERE IT CM U OR SOME SOMETHING THAT'S NOT AESTHETICALLY, THIS RENDERING WHERE YOU'RE LOOKING THROUGH THE, THE ROOF IS, IS IN INACCURATE ON THE, THE WHAT WE HAVE, SO WE'LL HAVE, WE'LL I APOLOGIZE.

YOU WILL, WE'LL GO UP TO THE, TO THE, UH, TO THE RAFTER LINE AND IT'LL BE BE GO, IT'LL BE A GO THROUGH ON THAT LINE.

ON THAT LINE.

SO, SO IT IS SEE CORRECT.

THE R RAFTERS ARE SEE-THROUGH CORRECT FROM, FROM THE NEIGHBOR.

SO THAT GABLE IS NOT COVERED ENTIRELY IN THE BACK.

IT'S JUST UP TO THE CROSS FRAMING UP TO THE CROSS BEAM.

ALRIGHT, SO LIKE IT IS IN THE, THE, UH, DESIGN YEAH.

DESIGN THAT WE HAVE.

EXCEPT, EXCEPT FOR A CHIMNEY, I'M ASSUMING.

THE THE HOMEOWNER

[00:15:01]

HAS NO ISSUES.

IF YOU NEEDED A DESIGN CHANGE ON THAT, IF YOU WANTED TO GO ALL THE WAY UP AND NOT BE SEE THROUGH, LIKE THERE'S, I DON'T KNOW WHAT YOUR CRITERIA IS, BUT I'M JUST SAYING IT'S NOT AN ISSUE ON OUR SIDE.

WELL, I, I I MEAN I, I DON'T LIKE HAVING THE INCOMPLETE INFORMATION THAT THERE'S NO CHIMNEY, THERE'S NO HEIGHT SHOWN FOR THE CHIMNEY.

THERE'S NO FIREPLACE SHOWN IN THE DRAWING.

ORIGINAL, YOU KNOW, UM, ONE OF THE QUESTIONS THAT'S GONNA COME UP PROBABLY HERE IN A MINUTE OR TWO, UM, IS, YOU KNOW, ORIENTATION, BUT NOW THIS CHIMNEY, WHAT, WHAT'S THE CODE FOR THE CHIMNEY? TOP OF THE CHIMNEY ABOVE THE, THE ROOF LINE? IS IT FOUR FEET? I DON'T KNOW.

WHAT UM, DO YOU, DO WE KNOW WHAT IT IS? LIKE WHAT'S THE HEIGHT NOW OF THAT CHIMNEY COMING ABOVE THE PEAK OF THE GABLE 20? I THINK IT'S LESS THAN 20 INCHES OFF OF THE ZERO LINE OF YOUR PEAK RIGHT THERE SO THAT YOU DON'T GET BACK DRAFT.

AND WAS THAT SUBMITTED? THAT WAS THE RENDERING? NO, IT WAS, I MEAN YOU GUYS HAVE WHAT, UM, WAS SUBMITTED.

WHAT'S THE VENEER OF THE CHIMNEY STONE? SO IT'S GONNA MATCH THE REAR, BUT IT'S GONNA BE OPEN ON EACH SIDE, CORRECT.

OF THAT.

SO THE HEIGHT OF THE STRUCTURE IS REALLY GONNA BE CLOSER TO 18? YES.

WITH THE CHIMNEY OVERALL.

WITH THE CHIMNEY.

WITH THE CHIMNEY, OKAY.

IS THERE A NEW FENCE GOING IN? THERE HAS TO BE FOR THE POOL, RIGHT? THE EXISTING FENCE WILL BE BROUGHT TO CODE.

SO THERE IS AN EXISTING FENCE THERE AND IT'S OVER FOUR FEET.

SO THAT WOULD BE BROUGHT UP.

AND IS THE FENCE LOCATION CORRECT? IN THE INFORMATION WE HAVE? YES.

SO THERE'S GONNA BE A SLOPE FROM THE FENCE IS ON A SLOPE OR AT THE TOP OF THE SLOPE? CORRECT.

SO GOING FROM FRONT TO BACK, IT'S PRETTY LEVEL, RIGHT? AND THEN IT HITS THE BACK AND THEN YES, IT'S, IT FOLLOWS THE CONTOUR OF THE PROPERTY.

SO FROM WHERE THE SLOPE IS, THE 20 FEET TO THE PAVILION.

THAT'S ALL A SLOPE EXCEPT WHERE YOU THINK YOU MIGHT HAVE TO CUT OUT A COUPLE FEET, THERE'S REALLY NO ROOM TO PLANT OR HIDE OR DO ANY KIND OF LANDSCAPING BETWEEN NO, THAT WOULD BE INCORRECT.

IT'S, IT'S NOT A HEAVY SLOPE RIGHT THERE.

UM, LET ME, BUT THEN WOULD GO TO THE LEFT.

AND SO IT'S NOT AS HEAVY, SO IT'S FURTHER DOWN THAN WE THINK.

THE SLOPE ACTUALLY IS ALMOST MIDPOINT OF THE DECK WHERE I'M STANDING.

RIGHT THERE IS WHERE THE SLOPE, LIKE IT'S, IT IS A GRADE, BUT THE HEAVY DROP IS FURTHER TOWARDS EAST.

SO WHAT I'M SAYING, WHAT YOU'VE, WHAT YOU'VE STATED IS THE BOTTOM OF THE, THE BOTTOM STEP, WHICH IS, UH, ON YOUR DRAWING ABOUT 6 73 6 74.

SO, AND YOU'RE SAYING THAT'S THE BASE ELEVATION OF THE PAVILION UP HERE.

AND SO IF WE ADD THE AND THE POOL.

UNDERSTOOD.

SO, AND THEN IF WE, IF WE ADD THE 16 FEET, WE GET THE SIX 90 PLUS A 6 92 TO THE TOP OF THE CHIMNEY.

AND THEN YOU'RE LOOKING AT, THANK YOU.

AND THEN YOU'RE LOOKING AT THE FENCE, WHICH IS AT 6 83 TO SIX 80, KIND OF IN THE ZONE OF BEHIND THE PAVILION.

AND IT'S GREATER THAN FOUR FEET TALL.

WHAT'S GREATER THAN FOUR? THE, THE FENCE? CORRECT.

SO YOU'RE ALREADY AT SIX, IT'S LIKE 49 TO 50 DEPENDING ON WHERE YOU'RE, YOU KNOW, 6 86 OR SO.

SO REALLY WHAT I'M, WHAT I'M HEARING IF MY MATH IS CORRECT IS THERE'S ABOUT FOUR FEET OF THIS BUILDING THAT WILL SHOW OVER THE TOP OF THE FENCE PLUS THE CHIMNEY HEIGHT.

OH YEAH.

I HADN'T THOUGHT ABOUT IT LIKE THAT, BUT YEAH.

6 74 PLUS THE 16 TO SIX 90.

SO WE GOT 6 82 OR SO FOUR.

LET'S JUST SAY IT.

FOUR FEET.

THIS JUST SAY IT'S, SO THAT'S 6 86.

SO THAT'S FOUR FEET.

SO YOU GOT FOUR FEET OF THIS BUILDING STICKING UP PLUS THE CHIMNEY HEIGHT.

IS WHAT I, IS WHAT I HEAR.

WHAT'S THE BASE, WHAT'S THE FOUNDATION OF IT? IS IT CONCRETE? CONCRETE? AND THEN YOU'LL DO SOMETHING WITH IT.

ABOUT THE TOTAL HEIGHT, THE TOTAL HEIGHT, WE WOULDN'T CONSIDER IN THE, LIKE THE CHIMNEY AS PART OF THE TOTAL HEIGHT OF THE ACCESSORY STRUCTURE.

SO WE'RE DOING BRUSH CONCRETE ON THE, UM, ON THE PAVILION ITSELF AND THEN IT'LL BE A TRAVERTINE ON THE POOL DECK AND COPING.

SO ALLISON, IF THIS WAS SUBMITTED WITHOUT THE CHIMNEY, DOES THIS HAVE TO BE RESUBMITTED AGAIN? UM, SO THE, TO, I KNOW YOU GUYS WERE TALKING

[00:20:01]

UM, 'CAUSE THAT'S FROM THE LOWEST ADJACENT GRADE TO THE TOP OF THE ROOF.

BUT I'M GONNA DEFER TO TODD ABOUT THE ACTUAL CHIMNEY.

NOT ON THE BUILDING ELEVATIONS.

IT'S, IT'S REALLY UP TO THE BOARD.

I MEAN, I, I THINK WE ALL KNOW WHAT CHIMNEYS LOOK LIKE AND IF IT'S GONNA BE FACED WITH STONE OR A SIMILAR MATERIAL THAT'S USED ON THE OTHER SECTIONS OF THE STRUCTURE, IF YOU'RE COMFORTABLE WITH IT, THEN WE CAN ADD A CONDITION THAT, THAT THE CHIMNEY CAN BE APPROVED BY THE PLANNING DEPARTMENT.

OR YOU CAN ADD A CONDITION THAT STAFF CAN APPROVE THE, THE LOOKS OF THE CHIMNEY.

YEAH, IT'S, IT'S TOTALLY UP TO YOU.

I CAN DO THAT.

YEAH, I THINK THAT'S RINGING.

CAN I, UM, AS FAR AS ANOTHER CONDITION, I JUST, SINCE WHAT WE'RE LOOKING AT THE BACK OF THIS STRUCTURE FROM THE PHOTOS THAT WE HAVE DO NOT HAVE STONE, I WOULD LIKE TO ADD THAT AS ANOTHER CONDITION SINCE, 'CAUSE WHAT I'M LOOKING AT NOW IS IN OUR ILLUSTRATION, IT JUST, IT'S LIKE A BLACK MM-HMM .

YOU KNOW, IT'S NOT STONE.

SO I WOULD DEFINITELY LIKE THAT AS A SECOND CONDITION.

SO I KNOW WHEN I'M APPROVING ON THE BACK OF THE PAVILION.

JUST TO STIPULATE THAT IT'S STONE.

AND WAS THERE GOING TO BE A WINDOW OR NO WINDOW? NO, THERE'S NO WINDOW.

SO THE ONE THAT I HANDED YOU, UM, I, I PRINTED THE WRONG ONE.

I EDITED THAT OUT OF THE INITIAL RENDERING, SO I APOLOGIZE FOR THAT.

NO WINDOW.

SO NO WINDOW, CORRECT.

YOU GUYS SEE WHERE THAT, BECAUSE WE GOT THE CHIMNEY.

SO THIS, WHICH YOU HAVE IN, IN, SO THIS WOULD BE SUBSTANTIALLY WHAT IT WOULD LOOK LIKE STONE WISE EXCEPT THE CORRECT THE RAFTER LINE WOULD BE OPEN CORRECT.

I'LL ADJUST PUTTING IT UP THERE.

GIVE AN EXAMPLE.

LIKE THIS IS, THIS IS SOME OF OUR WORK THAT WE'VE DONE IN THE PAST AND SO JUST TO GIVE YOU AN IDEA OF WHAT, WHAT THAT'S GONNA LOOK LIKE.

SO ANY OTHER QUESTIONS FOR HIM? ALLISON, I THINK YOU DID RECEIVE SOME CORRESPONDENCE REGARDING THIS.

I DID.

I'VE HEARD FROM TWO, UM, NEIGHBORS WHO RECEIVED THE MAILING NOTIFICATIONS THAT WERE REQUIRED TO SEND OUT OF 250 FEET BOUNDARY OF EACH, UM, PROJECT THAT GOES TO THE BOARD OF ZONING APPEALS.

AND ONE OF THEM WAS A PHONE CALL AND ONE OF THE CONCERNS WAS ONE THE SIZE AND ALSO THE FACT THAT UM, THE 12 OAKS SUBDIVISION DOES NOT CURRENTLY HAVE ANY ACCESSORY STRUCTURES.

SO THIS RESIDENT'S CONCERN WAS THAT THIS COULD BE, UM, CREATING A PRESIDENT WITHIN THE, UH, 12 OAK SUBDIVISION.

OBVIOUSLY IT MEETS, UM, OUR SIZE AND HEIGHT REQUIREMENTS FOR ACCESSORY STRUCTURES, WHICH IF IT DIDN'T, WE WOULDN'T BE, UM, PUTTING IT BEFORE THE BOARD OF ZONING APPEALS.

UM, AND THEN ANOTHER WAS AN EMAIL THAT I FORWARDED TO BE ALL FROM A RESIDENT, UM, WHO'S CONCERNED ABOUT THE LOCATION, PROXIMITY TO THE SETBACK AND THEIR PROPERTY LINE.

UM, AS WELL AS LIKE VISIBILITY, UM, OF LIKE SEEING THIS STRUCTURE.

DO YOU KNOW, WAS THIS SUBMITTED TO THE HOA FOR APPROVAL? DO YOU, YOU KNOW, I DON'T KNOW.

I DOUBT IT'S AN H HOA.

YEAH, I DON'T THINK YOU DON'T.

12.

THINK 12 HAS AN H AN HI WOULD BE SURPRISED.

IT'S AN OLDER NEIGHBORHOOD.

SO IS THERE ANYONE HERE THAT WANTS TO SPEAK? YEAH.

IS ANYONE HERE THAT WANTS TO SPEAK ABOUT THIS? UH, AGENDA ITEM NUMBER TWO.

OTHER.

SO I WOULD, I WOULD WANT TO SAY THAT ON THE VISIBILITY PART, YOU KNOW, WE COME OFF 22 FEET OFF OF THAT, THAT LINE AND WE'RE FACING EAST WEST, LIKE THERE'S NO, NOBODY'S LOOKING AT THAT STRUCTURE, LIKE THE NEIGHBORS TO THE RIGHT CLEAR VIEW.

I MEAN THEY HAVE TO COME OUT AND TURN IN ORDER TO SEE THAT.

SO, YOU KNOW, IT WOULD KEEP THEM FROM LOOKING EAST DOWN THERE DOWN THE OTHER SIDE AND THEN THE NEIGHBORS IN BEHIND.

THERE'S BIG TREES RIGHT THERE AND IT'S, IT'S, WELL THE VISIBILITY IS SO, I MEAN, I GET WHAT PEOPLE ARE SAYING AS FAR AS VISIBILITY AND CONCERNED, BUT IT IS NOT IN THE LINE OF SIGHT OF ANYBODY, ANYBODY'S COMING OUT IN THEIR BACK PATIO AND WATCHING PEOPLE LAYING OUT IN THE SUN AND STUFF LIKE THAT, SO.

I DID KINDA LOOK AT AERIAL PHOTOGRAPHS OF THE NEIGHBORHOOD TO SEE IF THERE WERE OTHER, UH, ACCESSORY STRUCTURES THAT LOOKED TO ME THAT THERE WERE, UH, AT LEAST A HANDFUL IN, UH, IN THAT NEIGHBORHOOD.

ALRIGHT.

ANY OTHER QUESTIONS FOR YOU? UH, I JUST WANTED TO COMMENT TO, YOU KNOW, AFTER WE RECEIVED THAT CORRESPONDENCE,

[00:25:01]

THERE WERE OTHER ALREADY OTHER ACCESSORY STRUCTURES.

I'M PRETTY SURE LIKE TWO DOORS DOWN I'VE SEEN YEAH.

BUILDING GOING ON.

AND I'LL JUST SAY THAT REALLY DOESN'T AFFECT ANYTHING.

IT DOESN'T, I JUST WANTED TO STATE FOR THE RECORD THAT THAT'S, WE'RE NOT SETTING PRECEDENT BY APPROVING ANYTHING IN THE NEIGHBORHOOD.

I'LL JUST SAY A COUPLE THINGS TO PUT 'EM ON RECORD IN CASE SOMEONE IS HERE THAT IS INTERESTED.

UM, AND THIS MAY NOT MATTER, THE GOOD THE, THE SILVER LINING FOR THE, THE NEIGHBOR THAT HAS THE ISSUE IS THAT THEY'RE ABOVE, THEY'RE ABOVE, NOT BELOW.

I'M A BELOW NEIGHBOR.

THIS IS AN ABOVE NEIGHBOR.

THE ORIENTATION OF THE ROOF ACTUALLY PROVIDES PRIVACY FROM A LONG VIEW FROM THAT DRIVEWAY.

I DON'T KNOW IF THAT'S THEIR KITCHEN, THEIR BONUS ROOM, WHATEVER OVER THEIR DRIVEWAY THAT'S FACING.

BUT UH, ULTIMATELY WHEN YOU LOOK, LIKE YOU SAID AT THE LEVEL THAT IT'S GONNA BE AT IT'S FOUR TO SIX FEET, YOU'RE GONNA SEE MAYBE A LITTLE MORE WITH A CHIMNEY.

IT'S NEVER OPTIMAL, BUT IT'S BETTER THAN IT'S BEING WAY ABOVE YOU.

YOU KNOW, IT'S BELOW.

I WISH, UM, I, THERE WAS SOME DISCUSSION ABOUT PINES AND NOT BEING ABLE TO PLANT THINGS BECAUSE OF CONCRETE AND I CAN RELATE TO ALL OF THAT.

I WOULD JUST SUGGEST IF THERE WAS A WAY FOR TO PLANT ABETA OR, OR, OR GREEN GIANTS, A FEW OF THOSE, THOSE ROOT SYSTEMS YOU CAN PLANT CLOSE TO EACH OTHER.

I DON'T KNOW IF THAT'S SOMETHING THAT THEY COULD DISCUSS AS NEIGHBORS OR WOULD HELP OR HOW THAT WORKS.

I DON'T KNOW.

YOU KNOW, THERE SEEMS TO BE SOME ARGUMENT WHETHER A LANDSCAPE REQUIREMENT'S EVEN DOABLE.

UM, I CAN TELL YOU THAT THE FREDERICKS ARE VERY PLIABLE AND WANNA MAKE SURE THAT THEIR NEIGHBORS ARE, ARE HAPPY.

SO YEAH.

UM, YOU KNOW, HE'S ALREADY DISCUSSED DOING SOME SORT OF PLANTING ALONG THAT TREE LINE OR SOMETHING ALONG THOSE.

I, I HATE PUTTING AN EXTRA EXPENSE ON PEOPLE, YOU KNOW, IF I CAN HELP IT, BUT I DO THINK PUTTING SOME MORE BRAVAS OR SOME GREEN GIANTS, FIVE OR SIX, I THINK IT'S, I MEAN TO THERE A COUPLE HUNDRED BUCKS A PIECE PLUS THE LABOR.

IT'S REAL MONEY.

I UNDERSTAND.

BUT I DO THINK IT WOULD MAKE A HUGE DIFFERENCE.

UH, 'CAUSE IT MIGHT CUT OFF IF YOU, I'M TALKING ABOUT THE FIVE TO SEVEN FOOTERS YOU CAN GET ALREADY MM-HMM .

IT MIGHT GROW PRETTY QUICK AND CUT OFF THAT HEIGHT THAT YOU'RE GONNA SEE, UM, FROM ABOVE.

SO THAT'S MY SUGGESTION, BUT THERE'S NO REQUIREMENT FROM ME.

MM-HMM.

WELL, Y'ALL CAN PUT A CONDITION OF APPROVAL FOR, UM, LANDSCAPING REQUIREMENTS.

I DON'T KNOW IF IT'S FEASIBLE.

I STOOD THERE.

I DIDN'T STAND THERE.

I I WAS IN MY CAR.

OH.

I SAT THERE AND I HAVE A BETTER IDEA NOW OF THE SLOPE THANKS TO KINDA WHAT YOU'RE TALKING ABOUT.

I DON'T KNOW HOW MUCH ROOM YOU REALLY HAVE TO WORK.

YEAH, I THINK THE, UM, I, I THINK, I THINK THE, THE BIGGEST THING IS IF YOU, IF YOU LOOKED AT THAT PROPERTY AND YOU'RE ABLE TO SEE INTO THE BACKYARD THAT, YOU KNOW, THEY'RE ALREADY CLEANING THAT UP.

I'M SURE YOU SAW THE BIG PILE OF BRUSH ON THE BACK END.

RIGHT.

YOU KNOW, WHERE THEY'VE CLEANED OUT THAT, THAT FENCE LINE OF NOT TREES, BUT OF JUST WEEDS AND HOW IT WAS OVERGROWN AND YOU KNOW, WE'VE, WE'VE STARTED TO CLEAN UP THE FRONT ALREADY.

I'M SURE YOU SAW THE POOL SITTING BACK THERE ALREADY.

I JUST NEED TO CONTACT YOU ABOUT WHAT OR ART OR WHO DO I NEED TO CONTACT AS FAR AS WHAT YOU WOULD LIKE TO SEE ON THIS CONDITION? UM, I'LL SEND YOU AN APPROVAL LETTER AND AN EMAIL OKAY.

SO, UM, IT'S A FIBERGLASS SHELL AND WE WEREN'T GONNA GET UNTIL LATE JULY.

SO IT WAS LIKE DELIVERED SET IT ON TIRES.

SO IT'S JUST SITTING THERE WAITING ON, WAITING ON EVERYBODY TO UH, UH, GET THROUGH OUR MEETINGS HERE.

SO, BUT MY POINT IS, IS THAT THE FREDERICKS ARE INTERESTED OBVIOUSLY IN, IN GETTING THEIR PROPERTY LOOKING GOOD AND BEING, YOU KNOW, AND NOT JUST BEING DILAPIDATED AND, AND OVERRUN.

SO I DON'T, YOU KNOW, I GET THAT YOU CAN'T PUT SOMETHING IN OR IT'S NOT APPROPRIATE OR WHATEVER, YOU KNOW, WHATEVER YOUR STIPULATIONS ARE.

BUT THEY'RE GOING TO DO STUFF IN ORDER TO, YOU KNOW, IT'S NOT JUST ABOUT BRICK, BRICK AND PAVER.

SO MM-HMM .

THEY'RE LOOKING TO, IS THE OWNER HERE, ARE THEY LISTENING? NO.

ARE THEY LISTENING TO US? OKAY.

MIKE'S NOT.

WELL IF YOU COULD MAKE THAT SUGGESTION, I'D APPRECIATE IT.

ANY OTHER QUESTIONS? IS THERE A MOTION TO APPROVE? I'D LIKE, UH, TO MAKE A MOTION TO APPROVE WITH AN ADDITION OF A CONDITION? YES.

Y'ALL ALREADY ASKED WAS HERE.

UH, MAKE A MOTION TO APPROVE WITH AN ADDITIONAL CONDITION THAT THE, UH, BACK WALL BE STONE AND THAT THE CHIMNEY AESTHETIC IS APPROVED BY STAFF.

IS THERE A SECOND? I'LL SECOND.

ANY QUESTIONS? ALL IN FAVOR OF APPROVAL? SAY AYE.

[00:30:01]

WITH INFORMATION.

FANTASTIC.

YOU GUYS HAVE A GREAT NIGHT.

ALRIGHT, YOU AS WELL.

OKAY, THE LAST ITEM ONTO OUR AGENDA IS BZA 2 5 0 4 DASH ZERO THREE ACCESSORY STRUCTURE REQUEST IN AVAIL ESTATES SECTION FOUR LOT 35.

[3. BZA2504-003 Accessory Structure Request - In-A-Vale Estates, Section 4, Lot 35, 758 Sunnybrook Court, Zoning R-2 - Applicant: Monster Home Services]

IT'S 7 5 8 SUNNYBROOK COURT ZONING.

R TWO ALLISON MONSTER.

HOME SERVICES REQUEST APPROVAL OF A 396 SQUARE FOOT DETACHED STRUCTURE TO BE CONSTRUCTED IN THE REAR BUILDABLE AREA OF THE LOT.

THE STRUCTURE WILL BE CONSTRUCTED OF WOOD PAINTED TO MATCH TRIM ACCENTS OF THE EXISTING HOUSE.

THE HOUSE IS MAINLY CONSTRUCTED OF BRICK.

IT WILL HAVE A SHINGLE ROOF AND BE APPROXIMATELY 16.5 FEET TALL.

WE HAVE FOUR STANDARD CONDITIONS OF APPROVAL AND STAFF RECOMMENDS APPROVAL OF THE DETACH ACCESSORY STRUCTURE SUBJECT TO ALL BUILDING CODES AND STAFF NOTES.

ARE YOU REPRESENTING, ARE YOU THE HOMEOWNER OR ARE YOU THE I'M THE CONTRACTOR.

YOU'RE THE CON AND YOUR NAME IS NATHAN MABERRY.

NATHAN.

NATHAN.

IS NATHAN, IS THERE ANYTHING YOU'D LIKE TO ADD TO WHAT'S BEEN SHOWN HERE? UH, JUST A BIT.

SO THERE WAS AN EXISTING GABLE, UM, GAZEBO MM-HMM .

WITH A DECK THAT WAS IN THAT SPOT.

MM-HMM .

IT WAS BIGGER THAN WHAT'S THERE NOW.

UM, I DON'T KNOW HOW LONG IT'S BEEN THERE, BUT IT WAS ROTTED AND DANGEROUS.

SO WE TOOK THAT DOWN.

WE HAVE STARTED THIS EARLY.

UM, SHOULDN'T HAVE, BUT, UH, WE GOT, WE JUMPED THE GUN ON THAT.

WE DO HAVE AN ENGINEER'S LETTER STATING THAT THE FOOTERS HAD BEEN LOOKED AT THE FOOTERS FOR THE, FOR THE FIREPLACE HAS BEEN LOOKED AT.

BUT I WANTED TO BRING THAT TO YOU GUYS' ATTENTION BEFORE WE STARTED.

UM, SO THAT YOU WOULD, YOU KNOW, NO.

UM, OTHER THAN THAT I DON'T HAVE ANYTHING ELSE TO THANK YOU.

ANY, ANY QUESTIONS FOR HIM? OKAY.

ALLISON, HAVE YOU RECEIVED ANY CORRESPONDENCE REGARDING THIS REQUEST? I HAVE NOT.

IS THERE ANYONE HERE THAT WISHES TO SPEAK REGARDING THIS REQUEST? HEARING NONE.

IF THERE ARE NO QUESTIONS, IS THERE A MOTION TO APPROVE? MOTION TO APPROVE.

SECOND.

ALLISON, DO YOU HAVE ANYTHING FOR US? UM, I DO NOT.

ANY QUESTIONS? ALL IN FAVOR OF APPROVAL, SAY AYE.

[ Allison Roberts Planner ]

THE ONLY THING IS THAT WE WILL NOT HAVE A JUNE BZA MEETING AS WE DID NOT RECEIVE ANY PROJECTS PRIOR TO OUR DEADLINE.

I'LL SEE YOU IN JULY.

IS THERE A MOTION TO ADJOURN? MOTION TO ADJOURN.

SECOND.

I'LL SECOND.

ALL IN FAVOR SAY AYE.