* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] I [ Call to Order Roll Call Pledge of Allegiance to the Flag] WANT A CALL TO ORDER THE REGULAR MEETING OF THE BRENTWOOD BOARD OF ZONING APPEALS MEETING FROM MONDAY, MAY 18TH. UH, ALLISON, CAN YOU LET THE RECORD SHOW THAT UH, TODD S SPILLANE, DAVID CARDIN, DEBBIE SHERIDAN AND TODD LOCKHART ARE PRESENT? AND IF YOU WILL ALL 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 IN INM WITH THE LIBERTY AND JUSTICE FOR ALL. THANK YOU. UH, BOARD [ Approval or Correction of Minutes] MEMBERS, HAVE YOU HAD AN OPPORTUNITY TO REVIEW THE MEETING MINUTES FROM APRIL 20TH, 2026? YES. IF SO, DO YOU HAVE ANY CHANGES? IF NONE, IS THERE A MOTION TO APPROVE? MOTION TO APPROVE. THANK YOU. SECOND. THANK YOU TODD. ANY QUESTIONS? ALL IN FAVOR OF APPROVAL, SAY AYE. AYE. AYE. ALL RIGHT. THANK YOU. ALL RIGHT. UH, THERE ARE [1. BZA2602-001 Variance Request - River Oaks Subdivision, Section 5, Lot 47, 309 Granny White Pike, Zoning R-1 - Applicant: Page Landscape] FOUR ITEMS ON TONIGHT'S AGENDA. THE FIRST ITEM IS BZA 2 6 0 2 DASH 0 0 1 VARIANCE REQUEST. RIVER OAK SUBDIVISION SECTION FIVE LOT 47 AT 3 0 9. GRANNY WHITE PIKE ZONING R ONE ALLISON. ALRIGHT, I'M GONNA ASK Y'ALL TO BEAR WITH ME 'CAUSE THIS IS A LONG STAFF REPORT THAT I HAVE TO READ. SO THE SUBJECT PROPERTY IS LOCATED AT 3 0 9 GRANNY WHITE PIKE WITHIN THE RIVER OAK SUBDIVISION. THE APPLICANT IS REQUESTING A VARIANCE OF 35 FEET EIGHT INCHES FROM THE MINIMUM 50 FOOT REAR SETBACK, UH, WHICH WOULD BE, UM, REDUCED TO 24 FEET FOUR INCHES. UH, PAGE LANDSCAPING IS REQUESTING APPROVAL OF A VARIANCE TO ALLOW SWIMMING POOL, POOL, DECKING, AND POOL EQUIPMENT TO BE LOCATED OUTSIDE OF THE REQUIRED BUILDING ENVELOPE SECTION 78 DASH 180 2 6 OF THE BRENTWOOD MUNICIPAL CODE REQUIRES THAT ACCESSORY USES, INCLUDING SWIMMING POOLS AND ASSOCIATED PADS AND DECKING BE LOCATED WITHIN THE BUILDABLE AREA OF THE REAR YARD. THE PROPOSED POOL, POOL, DECKING, AND POOL EQUIPMENT WOULD ENCROACH 23 FEET EIGHT INCHES INTO THE REAR SETBACK, RESULTING IN A REAR SETBACK OF 26 FEET FOUR INCHES FROM THE REAR PROPERTY LINE. THE BUILDING ENVELOPE FOR THE R ONE ZONING DISTRICT IS ESTABLISHED BY THE FOLLOWING MINIMUM SETBACKS, A FRONT YARD SETBACK OF 150 FEET SIDE YARD, SETBACKS OF 30 FEET ON EACH SIDE, AND A REAR YARD SETBACK OF 50 FEET. THE SUBJECT LOT WAS ORIGINALLY RECORDED IN 1974 AND A SINGLE FAMILY RESIDENCE WAS CONSTRUCTED ON THE PROPERTY IN 1976. THE ORIGINAL STRUCTURE WAS DEMOLISHED ON JANUARY 5TH, 2026, LEAVING A VACANT LOT. A REVISED VINYL PLAT WAS RECORDED ON JUNE 17TH, 2024, WHICH REDUCED THE FRONT YARD SETBACK FROM 150 FEET TO 127.7 FEET. A VARIANCE FOR THE FRONT YARD SETBACK WAS NOT REQUIRED. A SECTION 78 DASH 72 OF THE MUNICIPAL CODE ALLOWS THE FRONT YARD TO BE THE AVERAGE OF THE EXISTING FRONT YARDS OF THE DEVELOPED LOTS. THE REVISED FINAL PLOT, ALSO ESTABLISHED SIDE AND REAR SETBACKS CONSISTENT WITH THE TECHNICAL STANDARDS OF THE R ONE ZONING DISTRICT. THE ORIGINAL PLOT ONLY DEPICTED THE FRONT SETBACK. IN SUCH CASES, THE APPLICABLE ZONING DISTRICT TECHNICAL STANDARDS ARE USED TO ESTABLISH THE FULL BUILDING ENVELOPE. IT SHOULD BE NOTED THAT THE ZONING REGULATIONS IN EFFECT AT THE TIME THE HOUSE WAS ORIGINALLY CONSTRUCTED ARE CONSISTENT WITH THE CURRENT R ONE ZONING DISTRICT TAN STANDARDS, INCLUDING A MINIMUM FRONT YARD SETBACK OF 150 FEET, A REAR YARD OF 50 FEET AND SIDE YARDS OF 30 FEET ON EACH SIDE. HOWEVER, THE REVISED PLAT RECORDED IN 2024 VOID AND VACATES AND SUPERSEDES. THE ORIGINAL PLAT RECORDED IN 1974 REMNANTS OF A FORMER POOL WERE UNCOVERED DURING THE DEMOLITION OF THE RESIDENCE. THE FORMER POOL LOCATION WAS BASED ON OLDER SETBACKS REQUIREMENTS THAT ARE NO LONGER APPLICABLE. THE PROPOSED NEW RESIDENCE IS DESIGNED TO EXTEND FROM THE FRONT SETBACK TO THE REAR SETBACK. AS THIS IS NEW CONSTRUCTION, THE HOME COULD BE REDESIGNED TO ACCOMMODATE A POOL, POOL, DECKING, AND POOL EQUIPMENT ALL WITHIN THE REQUIRED SETBACKS. TWO EXAMPLES FOR COMPLIANCE WITH THE EXISTING BUILDING. SETBACKS INCLUDE REDESIGN OF THE PROPOSED HOUSE WITH THE COURTYARD IN THE MIDDLE REAR OF THE HOME TO PROVIDE A CO CODE COMPLIANT LOCATION FOR A POOL, POOL, DECKING, AND POOL EQUIPMENT. UH, NUMBER TWO, REDESIGN THE PROPOSED HOUSE TO HAVE A PARTIAL ADDITION ON ONE END OF THE HOME. THIS WOULD CREATE A NEW COMPLIANT REAR BUILDABLE AREA TO PLACE THE POOL, POOL, DECKING AND POOL EQUIPMENT [00:05:02] UNDER ZONING ORDINANCE 72 18 AS AMENDED THROUGH DECEMBER 31ST, 1977. CHAPTER FOUR, DEFINED STRUCTURES BROADLY TO INCLUDE BUT NOT LIMITED TO BUILDING SHEDS, STORAGE DENS, SWIMMING POOLS AND FENCES. AT THE TIME, SWIMMING POOLS WERE CLASSIFIED AS ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS IN THE R ONE ZONING DISTRICT, ACCESSORY BUILDINGS COULD NOT COVER MORE THAN 30% OF THE REAR YARD AND WERE REQUIRED TO MAINTAIN A MINIMUM SETBACK OF 10 FEET FROM ALL LOT LINES AND OTHER STRUCTURES. THE CURRENT ZONING ORDINANCE DISTINGUISHES BETWEEN TWO TYPES OF STRUCTURES. SECTION 78 DASH THREE TYPE A STRUCTURES INCLUDE BUT ARE NOT LIMITED TO ANY TYPE OF DWELLINGS AND OTHER BUILDINGS. CARPORTS AND GARAGES, SATELLITE DISH ANTENNAS, PLAY STRUCTURES, STORAGE YARDS, STORM SHELTERS, WINDMILLS, SWIMMING POOLS AND EQUIPMENT, TENNIS COURTS, PET ENCLOSURES, PORCHES, DECKS, GAZEBOS AND FREESTANDING FIREPLACES. TYPE B STRUCTURES INCLUDE BUT ARE NOT LIMITED TO DRIVEWAYS AND SIDEWALKS. CONCRETE MASONRY OR WOODEN DEPTHS AT GRADE PATIOS, ACRID, MECHANICAL EQUIPMENT, PADS, FENCES, RETAINING WALLS, FOUNDATIONS, OUTDOOR FURNITURE, FREESTANDING SIGNS, BASKETBALL GOALS, AND SIMILAR YARD ACCESSORIES WITHIN THE R ONE ZONING DISTRICT. PERMITTED ACCESSORY USES SUCH AS POOL, SWIMMING POOLS, TENNIS COURTS, PET ENCLOSURES, PLAY STRUCTURES AND SATELLITE DISTRICT COURT ANTENNAS INCLUDING RELATED PADS, DECKS, PATIOS, HARD SURFACES AND ENCLOSURES MUST BE PLACED WITHIN THE REAR BUILDABLE AREA OF THE REAR YARD. IN SECTION 78 DASH 1 42. THE REAR YARD IS DEFINED AS THE REAR EXTENDING ACROSS THE ENTIRE WIDTH OF THE LOT BETWEEN THE REAR LOT LINE AND THE REAR ELEVATION OF THE PRINCIPLE BUILDING. ALTHOUGH THE FORMER SWIMMING POOL MAY HAVE MET THE ZONING ORDINANCE AT THE TIME IT WAS BUILT, IT HAS SINCE BEEN ABANDONED AND FILLED IN AND HAS LOST ALL GRANDFATHERING. THE PROPOSED POOL WILL BE LOCATED OUTSIDE OF THE REAR SETBACK AND IS NOT COMPLIANT WITH OUR CURRENT ZONING ORDINANCE. PURSUANT TO SECTION 78 DASH 59 OF THE BRENTWOOD MUNICIPAL CODE, THE BOARD OF ZONING APPEALS HAS THE AUTHORITY TO HEAR AND DECIDE APPLICATIONS FOR VARIANCES, BUT ONLY WHERE THREE CRITERIA ARE MET BY STATE LAW. THOSE THREE CRITERIA ARE AS FOLLOWS. NUMBER ONE, WHEREBY REASON OF EXCEPTIONAL NARROWNESS SHALL AND OR SHAPE OF SPECIFIC PIECE OF PROPERTY AT THE TIME OF THE ENACTMENT OF THE ZONING ORDINANCE OR BY REASON OF EXCEPTIONAL AND TOPOGRAPHIC CONDITIONS OR, OR OTHER EXTRAORDINARY AND EXCEPTIONAL SITUATION OR CONDITIONS. SUCH A PIECE OF PROPERTY IS NOT ABLE TO ACCOMMODATE DEVELOPMENT AS REQUIRED UNDER THIS ORDINANCE. THE SUBJECT PROPERTY IS LOCATED IN THE RIVER OAK SUBDIVISION. THE PARCEL IS APPROXIMATELY 375 FEET IN WIDTH AND APPROXIMATELY 235 FEET IN DEPTH. THE ZONING OF THE PROPERTY IS R ONE, WHICH IS OUR LARGE LOT RESIDENTIAL, WHICH REQUIRES ACCESSORY USES SUCH AS SWIMMING POOLS TO BE PLACED WITHIN THEIR BUILDABLE AREA OF THE YARD. THE BUILDABLE AREA IS DEFINED BY THE SETBACKS. AS DETAILED ABOVE, THE REQUIRED SETBACK FOR THE R ONE ZONING DISTRICT IS 50 FEET FROM THE PROPERTY LINE. THE REQUIRED WIDTH THAT THE BUILDING LINE IN THE R ONE ZONING DISTRICT IS 200 FEET, BUT THE CITY DOES NOT HAVE A REQUIRED DEBT THAT AS LONG AS IT MEETS THE MINIMUM LAW AREA OF TWO ACRES IN SIZE. THE ACREAGE OF THIS LAW IS 2.023 ACRES. THE LOT WAS CREATED IN 1974 UNDER THIS CITY OF BRENTWOOD R ONE STANDARDS AT THE TIME OF PLATTING AND WAS REPLANTED IN 2024. THIS IS A STANDARD SHAPE LOT RELATIVELY STANDARD SHAPE, RELATIVELY LARGE LOT AND IT DOES NOT HAVE A TOPOGRAPHIC HARDSHIP SUCH AS STEEP SLOPES OR OTHER UNIQUE CONDITION THAT WOULD PREVENT CONSTRUCTION. SINCE THERE IS NO EXCEPTIONAL SITUATION OR CONDITION, STAFF DOES NOT FEEL THIS CRITERIA HAS BEEN MET. CRITERIA NUMBER TWO, DISTRICT APPLICATION OF ANY PROVISION ENACTED UNDER THE ZONING ORDINANCE WOULD RESULT IN PRACTICAL DIFFICULTIES TO OR UNDUE HARDSHIP UPON THE OWNER OF THE PROPERTY. THIS SUBDIVISION MEETS THE REQUIREMENTS FOR THE R ONE ZONING DISTRICT. A REVISED FINAL PLAT WAS RECORDED IN 2024 THAT INCREASED THE BUILDING ENVELOPE AND REDUCED THE FRONT SETBACK. THE CITY WOULD NOT ALLOW THE SUBDIVISION AND LOT TO BE CREATED IF IT DID NOT MEET THE ZONING REQUIREMENTS. THE CITY ALSO DOESN'T HAVE A REQUIREMENT THAT PREVENTS THE BUILDER FROM BUILDING A HOUSE THAT ENCOMPASSES THE ENTIRE BUILDING ENVELOPE. THE MAXIMUM BUILDING LOT COVERAGE IS 25%. THE DESIGN OF THE NEW RESIDENCE DOES NOT LEAVE ANY ADDITIONAL ROOM TO ACCOMMODATE IMPROVEMENTS IN THE REAR BUILDABLE AREA OF THIS LOT FOR A SWIMMING POOL. THE DESIGN OF THE NEW HOME COULD BE MODIFIED TO ACCOMMODATE A COMPLIANT POOL WITHOUT VARIANCES. IN ADDITION, STAFF DOES NOT FEEL, FIND IT AN UNDUE [00:10:01] HARDSHIP TO NOT HAVE A POOL. SINCE THE STRICT APPLICATION OF THE ZONING ORDINANCE WOULD NOT RESULT IN PRACTICAL DIFFICULTIES OR UNDUE HARDSHIP, IT IS STAFF DETERMINATION THAT THIS CRITERIA HAS NOT BEEN MET. CRITERIA NUMBER THREE, THE RELIEF MAY BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD AND WITHOUT SUBSTANTIALLY IMPAIRING THE INTENT AND THE PURPOSE OF THE ZONING ORDINANCE. IF RELIEF FOR GRANTED FOR THIS LAW, IT COULD BE A SIGNIFICANT DETRIMENT TO THE PURPOSE OF THE ZONING ORDINANCE. BRENTWOOD MUNICIPAL CODE REQUIRES SWIMMING POOLS TO BE LOCATED WITHIN THE REAR BUILDABLE AREA OF THE LOT. THIS COULD ESTABLISH THE PRECEDENT FOR FUTURE ENCROACHMENTS OUTSIDE OF PLATTED SETBACKS, SETBACKS FOR POOLS AND OTHER ACCESSORY USES WERE ESTABLISHED TO PROTECT ADJACENT AND SURROUNDING PROPERTIES. THE ENCROACHMENT OF THE SWIMMING POOL MAY WEAKEN THE INTENT OF THE ZONING ORDINANCE. EVEN THOUGH THE FORMER SWIMMING POOL MAY HAVE MET THE ZONING ORDINANCE AT THE TIME IT WAS BUILT, THE POOL HAS SINCE BEEN COVERED UP, DESTROYED AND IS IN INOPERABLE. THE GRAND FOLLOWING THAT IT MAY HAVE HAD WAS REMOVED WHEN THE POOL WAS COVERED UP AND NO LONGER IN USE. THEREFORE, IT IS STAFF'S OPINION THAT THIS CRITERIA HAS NOT BEEN MET AND OUR RECOMMENDATION IS THAT BEFORE ANY VARIANCE IS GRANTED, IT SHALL BE SHOWN THAT CIRCUMSTANCES ATTACHED TO THIS PROPERTY DO NOT GENERALLY APPLY TO THE OTHER PROPERTIES IN THE NEIGHBORHOOD. STAFF RECOMMENDS DENIAL THE VARIANCE REQUESTS BECAUSE THERE IS NO EXCEPTIONAL TOPOGRAPHIC CONDITION OR OTHER EXTRAORDINARY OR EXCEPTIONAL SITUATION OR CONDITION TO THE PROPERTY FOR WHICH THE STRICT APPLICATION OR PROVISIONS OF THE ZONING ORDINANCE WOULD RESULT IN PRACTICAL DIFFICULTIES OR UNDUE HARDSHIP UPON THE OWNER OF THE PROPERTY. AND TO GRANT RELIEF FROM THE ZONING ORDINANCE WOULD IMPAIR THE INTENT AND PUBLIC OF THE ZONING ORDINANCE. THAT'S IT . OKAY. THANK YOU. ACTUALLY, I HAVE A REQUEST. CAN YOU GO BACK AND READ THE FIRST PARAGRAPH UNDER GENERAL INFORMATION PLEASE? YES. THE FIRST SENTENCE. YEAH. THE SUBJECT PROPERTY IS LOCATED, THE SUBJECT PROPERTY IS LOCATED AT 3 0 9 GRANNY WHITE WITHIN THE RIVER OAK SUBDIVISION. THE APPLICANT'S REQUESTING A VARIANCE OF 23 FEET EIGHT INCHES FROM THE MINIMUM 50 FOOT REAR SETBACK, WHICH, UH, WOULD BE REDUCED TO 26 FEET FOUR INCHES. THANK YOU. I EITHER MISSED HER ORIGINALLY OR YOU SAID SOMETHING ELSE, SO I JUST WANNA MAKE SURE WE'RE GOOD. I COULD HAVE VERY WELL MIXED THOSE UP. ALRIGHT, THANK YOU. I THINK YOU MAY HAVE SAID 24.4, BUT THAT CLARIFIED IT. OKAY. SORRY. THAT CLARIFIED IT. THANK YOU, TODD. IS THERE SOMEONE HERE WHO'S REPRESENTING THIS APPLICATION AND, AND I'M SIMPLY ASKING IS THERE ANY INFORMATION IF YOU'LL COME FORWARD AND INTRODUCE YOURSELF? I'M, I'M TERRY BATES. I'M THE ARCHITECT THAT WORKED ON THE DESIGN. OKAY. IS THERE ANY ADDITIONAL INFORMATION, UH, YOU WANT TO MENTION TO US OUTSIDE OF WHAT'S PRESENTED? UH, WE HAVE THE DOCUMENTATION HERE. UH, I HAVE SOME SLIDES AND I'D JUST LIKE TO BRIEFLY GO THROUGH THE DESIGN PROCESS AND WHAT, WHAT LED US TO WHERE WE ARE NOW, IF THAT'S OKAY. OKAY. WILL THAT BE UP HERE? YEAH, THERE SHOULD BE. OH, WHICH SLIDES ARE YOU WANTING? SHOULD BE THE FIRST ON THE SHEET, BUT IT CONSISTENT IN, DON'T KNOW IF I HAVE THAT ONE. I DON'T HAVE THESE. YOU SENT THEM. I DON'T HAVE THOSE. WE SHOULD HAVE BEEN IN THAT LAST, UH, EMAIL. YEAH. THAT WAS SENT LAST WEEK. YES. I DON'T REMEMBER SEEING THOSE NUMBER ONE. OKAY. UM, WE CAN DO THAT. DO YOU WANT WE CAN DO THE PHONE. CAN WE DO A QUICK COMMERCIAL BREAK REALLY QUICK? NO, JUST HOLD ON. YEAH, NO, WE'LL JUST TAKE A SECOND. OKAY. SORRY. WE, WE BROUGHT HARD COPIES IF WE NEED THEM, BUT THAT'S EASIER TO SEE WHILE THEY'RE, WHILE THEY'RE [00:15:01] PULLING UP THE SLIDES. UH, I'LL GO AHEAD AND START A LITTLE BIT OF THE BACKGROUND. I MEAN WE'RE ALL PRETTY FAMILIAR WITH THAT STREET 'CAUSE WE'VE BEEN DOWN AT HUNDREDS OF TIMES PROBABLY. AND LOOKING AT IT FROM THE STREET, IT TELLS ONE STORY. THOSE LOTS LOOK GENERALLY THE SAME. UH, YOU KNOW, THEY'RE LARGE LOTS. THEY'VE GOT LARGE, UM, UH, UPSCALED HOUSES ON THEM AND THAT WHOLE, THAT WHOLE GENERAL AREA THAT BLOCK, IT LOOKS VERY SIMILAR. BUT WHAT I WANNA PULL UP AGAIN IS THE AERIAL AND TALK A LITTLE BIT ABOUT WHAT IT LOOKS LIKE FROM THE, FROM THE AIR AND, UH, THE CHALLENGES I HAD DESIGNING FOR THAT LOT. UM, CLEARLY BACK IN 72, A DIFFERENT KIND OF HOUSE WAS PUT ON THAT, IN THAT SUBDIVISION THAN WHAT'S BEING BUILT THERE TODAY. AND CERTAINLY DIFFERENT THAN WHAT MOST OF THE NEIGHBORS IN THAT GENERAL NEIGHBORHOOD LOOKS LIKE. OKAY. IT'S IN THAT L DRIVE. SORRY. DOES THAT HELP? IF, IF I COULD DIRECT ATTENTION TO THE IMAGE ON THE LEFT, UH, THE CURRENT ZONING THAT'S THERE AND, AND MAYBE IT WAS ALWAYS THERE. I THINK, IN FACT, I'M PRETTY SURE THERE WAS NO HOUSES ON THE EAST SIDE TO SPEAK OF. 'CAUSE I'VE BEEN IN NASHVILLE LONG ENOUGH TO REMEMBER WHEN IT WAS ALL JUST FARMLAND. UM, THIS WAS PART OF THE, OF THE SUBDIVISION I THINK TO THE WEST. UH, THE ZONING THAT'S IN PLACE WORKS REALLY WELL FOR THE LOTS ON THE EAST SIDE. THOSE LOTS ARE NARROW AND DEEP AND THERE'S NO ISSUE. BUT THIS PARTICULAR LOT IS WIDE AND NOT SO DEEP. AND SO INITIALLY OUR BUILDING ENVELOPE WAS, UH, ABOUT 35 FEET AND OVER 300 FEET WIDE. TRYING TO, EVEN WITH THE, THE VARIANCE THAT WE WERE GIVEN OR THE RELIEF THAT WE WERE GIVEN, UH, FOR THE BUILDING ENVELOPE. TRYING TO LOCATE A HOUSE THAT IS CONSISTENT WITH THOSE OTHER LARGE HOUSES IN THE, IN THE IMMEDIATE NEIGHBORHOOD IS DIFFICULT ON 58 FEET OF DEPTH. UH, FOR AN INSTANCE, I LIVE IN A HOUSE THAT WAS BUILT ABOUT A HUNDRED YEARS AGO. IN FACT, IT'S A HUNDRED YEARS OLD TODAY. I MEAN THIS, THIS, UM, HERE IT'S AN OLD BUNGALOW IN GREEN HILLS. IT WOULD NOT FIT ON THE SLOT. IT'S ONLY 3,500 SQUARE FEET. I COULD NOT PUT IT ON THE LOT AND PUT A POOL BEHIND IT. AND I THINK THAT'S ORIGINALLY WHY A VARIANCE WAS GIVEN TO PUT THE POOL IN TO START WITH. 'CAUSE WITH THAT KIND OF NARROW LOT, GIVEN THESE SETBACKS, IT IS VERY DIFFICULT TO WORK WITH. WE GO TO THE NEXT, NEXT SLIDE PLEASE. THAT'S JUST KINDA SHOWING HOW THE HOUSE, IT FILLS THE LOT UP AND YOU CAN SEE THAT FOOTPRINT IS CONSISTENT SCALE WISE WITH THE OTHER HOUSES IN THE NEIGHBORHOOD. I MEAN, TECHNICALLY WE CAN DO A SMALLER HOUSE THERE, BUT AGAIN, IT'S STILL DIFFICULT TO GET A POOL IN UNLESS YOU PUT IT IN THE SIDE YARD. NEXT SLIDE PLEASE. UM, I THOUGHT IT WOULD BE BE GOOD TO JUST KINDA SHOW YOU WHAT WAS GOING ON AND, AND SEE HOW THE, THE HOUSE IS IS ON THE SETBACKS BECAUSE IT TAKES UP THE ENTIRE SPACE. I DID ERODE THE BACK TO KIND OF GIVE MORE BACKYARD AREA, WHICH LOOKING AT HERE AND UH, TRIED PUTTING A POOL IN THERE AND TECHNICALLY YES, YOU CAN GET A POOL IN A COURTYARD THERE. IT'S PRETTY MUCH AKIN TO WHAT YOU WOULD HAVE ON AN INFIELD LOT IN AN URBAN AREA. IT IS NOT CONSISTENT WITH ALL OF THE OTHER HOUSES IN THE NEIGHBORHOOD. IT'S NOT WHAT THEY HAVE. UH, CAN I NEXT SLIDE PLEASE. UH, I JUST TOOK OUR FOOTPRINT AND SAID, OKAY, WELL WHAT WOULD IT TAKE AND TO PUT THIS POOL, WHICH IS REALLY NOT THAT BIG A POOL. IT'S ABOUT 15 BY [00:20:01] 40, IS THAT RIGHT? BEING 36, 15 6 36 BY BY 15. THAT, THAT'S NOT, I MEAN THAT'S BORDERLINE EVEN MEDIUM SIZE POOL, WHICH IS CERTAINLY THE CHARACTER OF THE REST OF THESE HOUSES IN THE, IN THIS GENERAL NEIGHBORHOOD. I WOULD HAVE TO EXTEND THE TWO PIECES OF THE HOUSE, 70 FEET. UH, AND THAT'S REALLY JUST A CORRIDOR THAT YOU'D HAVE TO WALK AROUND. NOW CAN YOU FILL ALL THE PIECES ON THERE? YOU CAN. I, I, I DID NOT WANT TO BE HERE TONIGHT. I WOULD RATHER PLAY BY THE RULES COLOR INSIDE THE LINES. I TRIED MULTIPLE LAYOUTS TRYING TO MAKE THIS WORK AND MAKE IT WORK GRACIOUSLY. YOU CAN FIT THE PIECES ON THERE, BUT IT'S NOT A VERY PRETTY PUZZLE WHEN YOU GET THROUGH WITH IT. IT'S NOT FUNCTIONAL, IT'S NOT GRACEFUL. IT, IT IS NOT EASY TO WORK WITH AND IT DOESN'T MATTER. LIKE I SAID, EVEN MY HOUSE AT 3,500 SQUARE FEET, I RUN INTO THE SAME PROBLEMS. I END UP HAVING THIS A LONG CORRIDOR WITH TWO PIECES ON EITHER END BECAUSE THE FOOTPRINT IS SO NARROW. UH, NEXT SLIDE PLEASE. UM, I WOULD LIKE TO POINT OUT THAT WE HAVE THIS RETAINING WALL THAT IS IN PLACE STILL. AND SO FROM THE NEIGHBOR THAT'S DIRECTLY TO BEHIND THE HOUSE, THERE'S ALREADY A FOUR TO SIX FOOT VERTICAL BARRIER, UH, THAT IS DIVIDING THE POOL OR RAISING THE POOL UP FROM THE YARD. AND, UH, LANDSCAPING, UH, SO YOU'RE NOT, THEY'RE NOT LOOKING DIRECTLY INTO THIS POOL. THIS POOL WOULD BE ABOVE IT. THE OLD POOL WAS THE SAME WAY. ARE YOU TALKING ABOUT THAT WHITE POST WALL? THIS YES, THAT'S, YOU CAN SEE THROUGH, IF YOU LOOK ON THIS, THERE'S ACTUALLY A RETAINING WALL THAT'S BEHIND THIS. SO THIS HOLE, OKAY. THERE'S ENOUGH GRADE CHANGE THERE THAT YOU'RE FOUR TO SIX FEET ABOVE THE, THE NEIGHBOR'S BACKYARD. UH, NEXT SLIDE PLEASE. ALRIGHT. ANY, ANY, ANY OTHER SLIDES ON THERE? IS THERE ANOTHER SLIDE ON THERE? OKAY. UM, I GUESS THE LAST THING I WOULD LIKE TO SAY IS WE WERE NOT CAVALIER ABOUT THIS. I MEAN, WE TRIED VERY DI VERY DILIGENTLY TO MAKE IT WORK. THIS LOT REALLY IS NOT LIKE THERE'S ANOTHER LOT THAT'S SIMILAR, BUT ALL THE OTHER LOTS ON THAT STREET HAVE A DIFFERENT CONFIGURATION THAT MAKES THE BUILDING ENVELOPES A LITTLE MORE WORKABLE TO DEAL WITH. SO, YOU KNOW, IN, IN MY WAY OF THINKING, THE VERY CODE THAT IS TRYING TO PRESERVE THE CHARACTER OF THE NEIGHBORHOOD IS ACTUALLY PUSHING US INTO THE SOLUTION THAT WOULD BE OUTTA CHARACTER WITH THE NEIGHBORHOOD. I MEAN, YES, I CAN FIT IT ALL ON THERE, BUT IS IT GOOD FOR THE NEIGHBORHOOD TO HAVE A 200 FOOT PLUS LONG FACADE THAT'S TOTALLY OUTTA CHARACTER WITH EVERYTHING ELSE THAT'S THERE. AND THE NEIGHBORHOOD BEHIND IT IS NOT AN ESTATE NEIGHBORHOOD, THE ONE THAT IN A BUDS, UH, IT, IT HAS A 30 FOOT BACKYARD SETBACK JUST, UH, PER CODE VERSUS THE 30 VERSUS THE 50 FEET HERE. SO I, I DON'T THINK WE'RE ASKING FOR ANYTHING THAT IS NOT WITHIN KEEPING WITH THE NEIGHBORHOOD. IN FACT, I WOULD ARGUE THAT ALLOWING THIS TO HAPPEN CREATES SOMETHING THAT IS MORE INDICATIVE OF THE OTHER LARGE RESIDENCES THAT ARE NOW BEING BUILT IN THAT AREA THAT IF WE HAD TO FIT IT WITHIN THE ENVELOPE, 'CAUSE WE'RE GONNA END UP WITH THE PROPERTY THAT IS LESS THAN IF I DO THAT. UH, SO I RESPECTFULLY ASK THAT YOU APPROVE THAT. UM, I'M GOING TO, I'M GONNA TURN TO OUR, OUR BOARD MEMBERS TO SEE IF THEY HAVE ANY QUESTIONS. YES. SO THE RETAINING WALL THAT'S BEHIND IN THE PICTURE I'M LOOKING AT LOOKS LIKE A COUPLE FEET HIGH AND THEN POST THAT YOU CAN SEE THROUGH NO, IT IS A SOLID RETAINING WALL. ALL RIGHT. SO THAT'S NOT THIS PICTURE. OH, WHAT YOU'RE LOOKING AT IS FROM THIS PROPERTY LOOKING BACK AT THE NEIGHBORS. OKAY. AND THAT'S A RAILING THAT'S ON TOP OF IT. THAT'S AN EXISTING STONE RAILING. OKAY. ALL RIGHT. YEAH, BUT THERE'S A DROP OF FOUR TO SIX FEET ON THE BACKSIDE OF THAT DEPENDING UPON WHERE YOU ARE ON THE LOT. I'VE GOT A QUESTION FOR ALLISON. ARE YOU AWARE OF ANY VARIANCES SIMILAR TO THIS THAT WE'VE GRANTED? ONE IN THAT NEIGHBORHOOD OR ANY OTHER NEIGHBORHOOD? UH, NO. I MEAN, AS YOU KNOW, BRENTWOOD LIKE [00:25:01] SIMILAR TO THIS TYPE OF, NO. AND SO THAT, UM, TO GO BACK TO THE LOCATION OF THE EXISTING POOL, SO THAT WAS BUILT UNDER THE 1974 ORDINANCE, WHICH WAS IN PLACE UNTIL 1994 WHEN IT WAS AMENDED TO MEET THE CURRENT, UH, TECHNICAL STANDARDS OF WHAT THEY ARE TODAY TO REQUIRE SWIMMING POOLS TO BE WITHIN THE REAR BUILDABLE AREA OF THE YARD. AND THAT ALLOWED IT TO BE WITHIN 10 FEET. SO THEN THE 1974, WHICH JUST WAS BUILT UNDER ALLOWED, ARE CLASSIFIED SWIMMING POOLS AS ACCESSORY BUILDINGS THAT COULD BE 10 FEET FROM THE PROPERTY LINE. AND, AND CURRENTLY THE ACCESSORY STRUCTURES ARE DIVIDED INTO TWO TYPES, TYPE A, INCLUDING SWIMMING POOLS. YOU MUST BE WITHIN THE BUILDING SETBACK LINE. THE REAR BUILDING. CORRECT. WHICH IS 50 FEET. YES. FOR THIS, SINCE THIS IS AN R ONE FOR R ONE FOR R ONE, IT'S 50 FEET, CORRECT? CORRECT. YEP. BUT TODD, TO ANSWER YOUR QUESTION, WE HAVE NOT DONE A A VARIANCE. THEY MAY HAVE SOME OTHER QUESTIONS. I I WILL TELL YOU MY GREATEST RESERVATION IS GRANTING RELIEF WHEN IT DOES NOT APPEAR TO MEET ANY ONE OF THE THREE CRITERIA. THUS, IF WE APPROVE THAT, WE WOULD BE SETTING PRECEDENT ON A GO FORWARD BASIS. SO THAT WOULD BE SOMETHING THAT THIS BOARD WOULD BE LEFT TO DEFEND FOR ANYONE ELSE WHO COMES IN AND, AND PRESENTS A SIMILAR PROPOSAL. I'M NOT SAYING ANYTHING IS WRONG WITH IT. THAT THAT'S FOR ME, THAT'S THE MOST DIFFICULT PART RIGHT NOW. UH, IT'S NOT THE FIRST TIME WE'VE EXPRESSED THAT TO AN APPLICANT WHEN THEY'VE COME IN AND REQUESTED SOME, UH, VARIANCE ON THAT. AND IN, IN MOST OF THOSE, WELL, IN ALL OF THOSE THAT I REMEMBER, WE STAYED WITHIN THE VARIANCE. THEY READJUSTED WHAT IT WAS THEY WERE GOING TO DO. UM, ANYONE ELSE? NO, THAT WAS THE SAME THOUGHTS I HAD. ONCE YOU START SOMETHING THEN YOU'RE GONNA HAVE TO KEEP GOING WITH IT. I'M JUST CURIOUS MR. PAGE, YOU'RE THE ONLY ONE WHO'S GONNA SPEAK ON BEHALF OF IT. NO. SO THAT'S, THAT'S WHY I WAS YEAH, WE, WE WERE GONNA GET TO THOSE. SO, OKAY. I GOT A COUPLE, A COUPLE OF QUESTIONS. MR. UM, TERRY, RIGHT? YEAH. YEAH. SO WHEN YOU'RE SAYING TO, IF YOU TRIED TO PLACE THE POOL INSIDE THE COURTYARD, WHY IS IT 70 FEET? ARE THOSE SETBACKS FROM THE HOUSE THAT ARE PART OF THE WELL, WE COULD DO A POSTAGE STEP POOL, YOU KNOW, IT'S NARROW THAT CORRIDOR, BUT IF YOU JUST DO THE MATH, WE'VE GOT 58 FEET TO WORK WITH. BY THE TIME YOU DO AN ENTRY, EVEN ON CORRIDOR, HAULED UP HALLWAY GALLERY AND THEN DO AREA AROUND THE POOL, YOU REALLY DON'T HAVE ROOM TO DO ANY FUNCTION. WHAT'S THE DEPTH OF THAT COURTYARD? IS THERE, COULD YOU SLIP THAT WITH 58 FEET TO WORK WITH FRONT TO BACK? AND SO IF YOU PUT AN ENTRYWAY AND A PORCH ON THERE, YOU BARELY HAVE ROOM. YOU HAVE TO SHOVE THE POOL RIGHT UP AGAINST THE HOUSE. I MEAN, YOU BARELY HAVE ROOM TO, THAT'S IF YOU ROTATED IT. 'CAUSE RIGHT NOW IT'S KIND OF HORIZONTAL TO THE COURT. EVEN IF YOU ROTATE IT WELL, YOU HAVE TO NARROW THE POOL. I MEAN THE POOL ENDS UP BEING, YOU HAVE TO SHORTEN THE POOL. I MEAN IT'S GONNA BE LIKE 15 OR 20 FEET MAX. I DON'T EVEN THINK YOU CAN GET 20. 'CAUSE I TRIED IT. YEAH. I MEAN IT'S, IT CREATES A VERY AWKWARD, NON-FUNCTIONAL OR DYSFUNCTIONAL LAYOUT I'LL SAY. SO 35 FOOT PULL. CORRECT. 3 6, 3 5. ALL RIGHT. IF YOU ROTATED IT AND, AND IT WAS PERPENDICULAR TO THE BACK OF THE HOUSE, HOW CLOSE CAN YOU GET IT TO THE REAR WHERE IT WOULD NOT GO OVER THE SETBACK LINE? WELL, WE ONLY HAVE 58 FEET TO WORK WITH. SO IF YOU TAKE 35 FEET OFF OF THAT, YOU, YOU DON'T, YOU BARELY HAVE ROOM FOR AN ENTRY. RIGHT. OKAY. I MEAN, AGAIN, THAT I REALIZE THAT THIS CONFIGURE, APPLYING THESE SETBACKS TO THIS CONFIGURATION OF THE LOT IS NOT A CODE DEFINITION OF HARDSHIP, BUT IT IS A HARDSHIP NONETHELESS. AND IT'S DEVALUING THIS PROPERTY BY DOING A WELL, YOU CAN'T DO THE SAME KIND OF DEVELOPMENTS ON THIS LAND THAT YOU CAN DO ACROSS THE STREET OR EVEN THE, EVEN SOME OF THE HOUSES ON THIS SIDE BECAUSE THE, THE LOT CONFIGURATIONS ARE DIFFERENT. WELL, I, I'LL, I WANNA TALK ABOUT, ABOUT THAT ACTUALLY. I'LL TALK ABOUT THAT WITH YOU SINCE YOU BROUGHT IT UP. 'CAUSE UH, IF YOU GO BACK TO THE PLAT OF RIVER OAKS, CAN YOU, OF ALL THE LOTS THE FIRST SLIDE, SORRY. YEP. UNDERSTOOD. BECAUSE YOU KNOW THIS, UH, WHAT WAS PRESENTED, THERE'S THREE CRITERIA, BUT THERE'S REALLY A FOURTH, WHICH IS IN THE RECOMMENDATIONS FROM STAFF. IF YOU REALLY LOOK AT IT, THERE'S, UH, LET GET BACK TO THE EXACT POINT. YEAH. UNUSUAL CIRCUMSTANCES. SOMETHING SOMETHING, LEMME GET BACK TO THE EXACT WORDING [00:30:01] OF IT, WHICH IS, UH, BEFORE ANY VARIANCES, GRANTED, IT SHALL BE SHOWN THAT CIRCUMSTANCES ATTACHED TO THIS PROPERTY DO NOT GENERALLY APPLY TO OTHER PROPERTY IN THE NEIGHBORHOOD. THAT'S IN THE, AND I SAY THAT'S ABSOLUTELY TRUE. WELL, IT'S, IT'S, I'M GONNA POINT OUT LOT 46, WHICH IS IN RIVER OAKS, IT IS WITHIN 10 FEET THE SAME SHAPE AND SIZE OF LOT 47. RIGHT. IT'S ABOUT, UH, I WROTE DOWN THE NUMBERS, UH, YOUR LOT IS 375 BY 2 35. THAT LOT IS 385 BY 235. SO IT'S THE SAME SHALLOWNESS, BUT IT'S A LITTLE BIT LONGER. IT WAS DEVELOPED IN 1995 WITHOUT A VARIANCE. THERE'S AN OVER 6,000 SQUARE FOOT AND THERE'S NO POOL AND THERE'S ANOTHER, THERE'S NO POOL. BUT WHAT ISSUE, THEY CAN'T PUT A POOL IN FOR THE VERY SAME REASON THAT WE'RE HAVING ISSUES WITH. SURE. BUT LET'S TALK IT, LET'S TALK ABOUT WHAT THE, THE ZONING VARIANCE OVER OVERALL IS FOR RIGHT. IT'S NOT FOR A CONVENIENCE, IT'S FOR A VERY SPECIFIC PURPOSE. IF A LOT, IF THE PROPERTY OVERALL IS NOT SHAPED OR SIZED OR TOPOGRAPHICALLY APPROPRIATE FOR BUILDING OVERALL FOR YOUR LOT, FOR THIS LOT YOU HAVE WITH THE 78 DASH 72 EXCEPTION TO MOVE THE FRONT YARD UP, RIGHT? YOU HAVE 18,700, 18,200 AND SOMETHING SQUARE FEET OF BUILDABLE AREA ON A LOT. SO I, I FIND IT DIFFICULT TO SEE WHERE THERE'S A, A HARDSHIP WHEN YOU DO HAVE NEARLY FOUR TENTHS OF AN ACRE. THERE. WE'RE USING YOUR IMAGINATION TO WHATEVER COULD BE BUILT THERE, FOR EXAMPLE, LOT 46. AND I MEAN YES, I UNDERSTAND THIS IS AN A GRAND STRUCTURE AND, AND CERTAINLY WORTHY OF BEING BUILT IN BRENTWOOD. OKAY. UH, I UNDERSTAND THAT. WHAT I'M SAYING IS THE ZONING ORDINANCE IS NOT WRITTEN FOR EVERY CIRCUMSTANCE. IT'S WRITTEN IN ORDER TO ALLOW FOR SPACE FOR A STRUCTURE, WHICH IN THAT CASE ON LOT 46, THEY HAVE A, I DUNNO THE EXACT SQUARE FOOTAGE, IT'S OVER 6,000 SQUARE FEET, CERTAINLY IN A STATE SIZED STRUCTURE. UM, SO WHAT I'M SAYING IS YOU HAVE TO MEET EVERY CRITERIA OF THE ZONING VARIANCE AND JUST THAT ONE ALONE BECAUSE THERE'S A LOT WITH A BUILDING ON IT WITH THE SAME EXACT DIMENSIONS THAT HAS A SIZABLE STRUCTURE ON IT. I JUST DON'T SEE HOW YOU CAN MAKE AN EXCEPTION IN THAT CIRCUMSTANCE WHEN SOMEBODY HAS USED, UH, THE SAME LOT TO BUILD A SIMILAR STRUCTURE ON IT. WELL, YOU KNOW, WE'RE NOT ASKING FOR A VARIANCE FOR THE STRUCTURE. I MEAN, THE STRUCTURE DOES FIT. THERE'S AMPLE SQUARE, BUT IT SQUARE FOOTAGE INFRASTRUCTURE, WE, WE WE'RE TALKING ABOUT THE VARIANCE YOU REQUESTED FOR THE POOL, FOR THE POOL LONGLEAF AS THE STRUCTURE IS FINE. I MEAN YOU CAN, YOU CAN PUT MULTIPLE UH, DESIGNS ON THERE WITHIN THE 58 FEET. IT'S TIGHT, BUT IT, BUT IT'S DOABLE. BUT I'M, WHAT I'M SAYING IS THIS LOT AND THE ONE YOU REFERENCED, BOTH OF THEM ARE SO NARROW FRONT TO BACK THAT TRYING TO PUT THE POOL IN THE BACKYARD AND WRAPPING A HOUSE AROUND IT, IT CREATES A HARDSHIP ON DEVELOPMENT BECAUSE YOU'RE ENDING UP HAVING TO SPEND, UH, UM, IT, IT CREATES A DYSFUNCTIONAL LAYOUT AND YOU'RE HAVING TO DO A HOUSE THAT'S MUCH LONGER THAN IT SHOULD BE. IT, IT, IT IS UNIQUE FOR THOSE TWO LOTS. IT DOES NOT EXIST ON THE REST OF THAT NEIGHBORHOOD. YOU, YOU'RE NOT PUSHED INTO THAT. OKAY. YOU, YOU'RE, YOUR DESIGN IS CREATING THE HARDSHIP IS WHAT I'M TRYING TO SAY. NO, I, I TRIED MULTIPLE ELSE. 'CAUSE 58 FEET AND HYPOTHETICALLY IF SOMEBODY ELSE WERE TO DESIGN SOMETHING DIFFERENT THERE THAT WAS 35 FEET IN DEPTH OR 40 FEET IN DEPTH, THERE WOULD BE AMPLE ROOM BEHIND OR CHOOSE TO ADD A, A SLIGHT ADDITION ON THE SOUTH END TO WHERE THERE'S A NEW REAR BUILDABLE AREA THAT CAN SH HAVE PRIVACY. THERE'S ALL KINDS OF SCENARIOS AND HYPOTHETICALS WE CAN THINK OF THAT MIGHT FIT A POOL, RIGHT? YES. SO LIKE THE PURPLE, SO IF YOU BUILT AN EXTENSION IN THE RED THAT CREATES A NEW REAR BUILDABLE AREA THAT GOES ALL THE WAY TO THE PROPERTY BOUNDARY THAT THEN YOU CAN PUT FENCE OR WHATEVER AROUND. I KNOW THAT'S NOT IN KEEPING WITH WHAT THE DESIGN IS. WELL IT'S, IT'S RIGHT, IT'S VERY DYSFUNCTIONAL BECAUSE I TRIED IT, BUT I MEAN IT SURE IT DOES WORK. YOU CAN GET IT ON THERE. I GIVE YOU THAT, BUT IT'S NOT A GOOD SOLUTION FROM A DESIGN STANDPOINT. THE ZONING ORDINANCE IS A, ISN'T A DESIGN MECHANISM. IT'S, IT'S, IT'S DESI IT'S THERE FOR CREATING SPACE TO, TO BUILD ON. ALRIGHT, IS THERE SOMEONE ELSE WHO WANTS TO SPEAK REGARDING THIS? IF YOU'LL INTRODUCE YOURSELF AND TELL ME YOU, SIR. MY NAME IS . I HAVE LIVED IN THAT HOUSE FOR 37 YEARS AND MOVED TO ANOTHER HOUSE AND, UH, SORRY FOR MY APPEARANCE, I JUST CAME FROM CHICAGO. THEY HAD WEATHER TWO AND A HALF HOURS IN [00:35:01] THE PLANE SITTING AND WAITING. SO I RUSHED IN HERE. THE PROBLEM IS THAT, I DON'T KNOW IF ANY OF YOU HAVE SEEN THE LOT, THE LADY JUST SAID THAT MAYBE IT'S THREE OR FOUR FEET WALL. NO, I BUILT THAT WALL WITH GETTING PERMISSION FROM THE CITY TO BUILD THE WALL IN ORDER TO CREATE A FLAT SPOT TO BE ABLE TO PUT THE POOLING. I WAS MEETING WITH MR. TODD, UH, ON FRIDAY AND I SAID THERE HAS TO BE A DOCUMENTS IN THE CITY THAT WE APPLIED FOR AND WE GOT VARIANCE TO BE ABLE TO BUILD THE WALL AND THEN PUT THE SWIMMING POOL IN. AND HE SAID THAT HE'S GONNA LOOK FOR IT. I DON'T KNOW, TODD, IF YOU FOUND IT OR NOT, OR, UH, HELLO MR. FORDO. HOW ARE YOU SIR? UM, YEAH, THERE WAS NO NEED TO LOOK FOR THE DOCUMENT BECAUSE THERE WAS NO VARIANCE. GRANTED, THE REASON THE POOL GOT BUILT IS BECAUSE BACK THEN THE CITY REQUIRED 10 FEET OF SEPARATION. OKAY. THE RULES WERE DIFFERENT BACK THEN WHEN YOU BUILT THE POOL. OKAY. SO NOW THAT THE POOL'S BEEN REMOVED OR BURIED NO, THE POOL HAS NOT GONE ANYWHERE. LEMME EXPLAIN TALK. WELL, IT'S, TALK TO YOU WHERE THE, UH, WHERE THE POOL IS. IT'S NOW 50. LET ME EXPLAIN TO YOU WHAT THE POOL IS. WHEN WE MOVED OUT, MY OLDER SON, WHO HAD TWO SMALL CHILDREN MOVED IN TO, UH, LIVE THERE FOR A COUPLE OF YEARS TILL, UH, HIS HOUSE IS READY. AND HE SAID THAT WE ARE NOT GONNA USE THE POOL. I'M AFRAID THE KIDS MIGHT GET IN THERE. AND I TOLD HIM, WHY DON'T YOU JUST FILL IT AND THEN WHEN WE WANT TO REBUILD THE HOUSE, WE CAN DIG THE FIELD OUT. AND UH, THAT'S WHAT HAPPENED. WE DIDN'T ABANDON THE POOL, WE JUST WANTED TO MAKE IT FUNCTIONAL FOR MY SON WHO IS LIVING THERE NOT TO BE WORRIED ABOUT THE CHILDREN SO MUCH. AND, UH, SO THE, THE POOL IS THERE AND I THINK THAT THERE IS A, UM, THERE IS A, UM, PARAGRAPH THAT IF THE POOL, IN ORDER TO REHABILITATE THE POOL TO A POOL, IF THE COST IS LESS THAN 50% OF BUILDING THE NEW POOL, YOU CAN REHABILITATE. I'M GONNA DEFER TO TODD ON THAT BECAUSE, OR, OR ALLISON, I'M, I'M NOT AWARE, IT'S, IT'S STAFF'S POSITION THAT THE POOL, THERE USED TO BE A POOL. THERE, THERE IT IS STAFF'S POSITION THAT THE GRANDFATHERING IS GONE, THE POOL IS NOT THERE. OKAY. WE DO NOT, LIKE I SAID, LIKE THE STAFF REPORT SAYS, UM, THAT WAS REVIEWED BY OUR CITY ATTORNEY, CITY STAFF IS IN AGREEMENT THAT THE POOL HAS LOST ITS GRANDFATHERING AND IF IT'S REBUILT OR RE UM, IT HAS TO COMPLY WITH THE CURRENT SETBACK REQUIREMENTS. OKAY. WELL THAT, THAT, THAT'S CHAD, BUT FIRST OF ALL, THANK YOU FOR BEING HERE. YES SIR. YOU LOOK GREAT. THANK YOU. THERE'S NO, THERE'S NO DRESS CODE, SO COME AS YOU COME AS YOU ARE. THANK YOU. WHAT WAS THE ORIGINAL MATERIAL OF THE POOL? IS THAT CONCRETE? I'M LOOKING AT CONCRETE, YES. CONCRETE. I MEAN, I, I UNDERSTAND WHAT YOU'RE TRYING TO SAY, BUT I'M LOOKING AT A, AN OPEN PIT HERE THAT YOU COULD CALL WHATEVER YOU WANT, BUT IT'S, IT'S JUST A HOLE, BUT IT'S GONNA COST ME LESS THAN 50% TO REHABILITATE IT. THAT'S DEPENDING AND THAT'S WHAT WE, THAT'S DEPENDING ON A FEW THINGS. SURE. THAT'S OPINION, BUT SURE. UM, IT, IT, I COULD SEE WHERE THE CITY SEES IT. IT'S AND HOW LONG HAS IT BEEN UNUSED OR FILLED IN? OVER 20 YEARS? NO, NO, NO, NO, NO. IN THIS DECADE. OH REALLY? NO, I'M SORRY. NOT EVEN A DECADE. I MISHEARD. NOT EVEN A DECADE. COME ON. SEVEN, EIGHT YEARS. SEVEN, EIGHT YEARS. OKAY. FILLED OUT I SAY FIVE. THAT'S ALRIGHT. YEAH, SO, GOT IT. I, I I REALLY, AND THE BEHIND THE HOUSE, THE REASON THAT WALL WAS BUILT AND WE GOT VARIANCE, WE GOT PERMISSION FROM THAT NEIGHBOR THAT IN ORDER FOR US TO BE ABLE TO DO IT, TODD SAID THERE IS NOTHING IN THERE. I DON'T KNOW WHAT THE RULES WAS, BUT I KNOW I SIGNED A DOCUMENT THAT WE ARE ABLE TO PUT THAT WALL IN AND, UH, AND, UH, THE POOL RETAIN WALLS AT A DIFFERENT TYPE OF STRUCTURE. SO THERE'S TWO, TWO TYPES OF ACCESSORY STRUCTURES, TYPE A, WHICH MUST BE WITHIN THE BUILDABLE AREA OF A OF A LOT. AND THEN TYPE B STRUCTURES LIKE DRIVEWAYS AND SIDEWALKS AND RETAINED WALLS, WHICH CAN BE BUILT OUTSIDE THAT AREA. OTHERWISE WE WOULD NEVER HAVE ACCESS TO GET INTO THE BUILDABLE AREA OF ANYTHING. THIS IS RIGHT ON THE PROPERTY LINE, MAYBE A FOOT AWAY FROM MY PROPERTY LINE. WE BUILD THAT IN ORDER TO BRING THE DIRT BECAUSE THERE IS A SLOPE IN THE BACK OF THE HOUSE. AND, AND, AND WE UNDERSTAND THAT AND, AND WE'RE GOING OFF THE RECOMMENDATION FROM THE CITY THAT THEY'VE DETERMINED THERE'S NO GRANDFATHERING OF THE POOL. IT'S BEEN COVERED UP, IT'S NOT BEEN USED. THAT'S GONNA BE, AND THEN WE, [00:40:01] SO I DON'T KNOW WHY, WHY THE STAFF WHO HAS NOT BEEN SEEING WHAT WE HAVE DONE OVER THERE OR WHAT HAVE YOU MET, SAW THE SITE THERE. I DRIVE BY IT EVERY DAY. YOU DRIVE BY IT AND YOU GO IN THE BACK AND SEE THE POOL. RIGHT. WE DON'T GO ON ON PROPERTY. NO, YOU, WE'VE ALSO SUBMITTED PHOTOS. THEY CAN'T SEE THE POOL FROM THE STREET, SO, SO OKAY. I'M DONE IN HERE. OKAY. THANK YOU FOR YOUR TIME. AND I THINK THERE ARE SOME OTHER PEOPLE WHO ARE WANNA MAKE A RECOMMENDATION. OKAY. THANK YOU. THANK YOU. OKAY. UM, IF YOU COULD INTRODUCE YOURSELF. YES. BEN PAGE, LANDSCAPE ARCHITECT ASKED ABOUT THE OSI FAMILY TO DO A SITE PLAN, MASTER PLAN FOR A POOL AND A LANDSCAPE PLAN. AND I, I DON'T WANT TO REPEAT ALL OF WHAT ALLISON SO THOROUGHLY ARTICULATED, BUT I WOULD LIKE TO BRING BACK UP IF YOU DON'T MIND. UH, THE L ONE OH OH NO. POINT ONE OH OH. IS THAT THE LANDSCAPE PLAN? YEAH. NO. OR THE CLOSEUP? IT'S THE ONE THAT SHOWS THE PREVIOUS POOL AND JUST OKAY. THAT ONE. YEAH. AND THEN IF YOU WOULDN'T MIND BRINGING UP, UM, L 1.0101. YEAH, SO I MEAN, THIS BASICALLY SHOWS HOW MUCH, UM, WE HAVE TRIED TO ARTICULATE THE, THE POOL IN THAT LANDSCAPE AND HONESTLY WORKING WITH AN INCREDIBLY HANDSOME HOUSE ON A BEAUTIFUL PIECE OF PROPERTY. REALLY, I, ALL I WANNA SAY TO YOU ALL IS, UH, I THINK THE OSI FAMILY IS MAJOR FOCUSED ON BEING A COMMENSURATE WITH A NEIGHBORHOOD, A GOOD NEIGHBOR WITH THIS PROJECT, THE POOL. AND IF YOU'LL GO, IF YOU DON'T MIND, I'D LIKE TO BRING THE LANDSCAPE PLAN INTO THIS SO MAYBE YOU CAN UNDERSTAND THE INTENSITY OF WHAT OUR PLANS ARE TO, UM, LITERALLY BOTH GIVE THEM PRIVACY AND THE ADJACENT NEIGHBORS. I MEAN, THEY'RE VERY COGNIZANT OF THE IMPACT ON THE ADJACENT NEIGHBORS. AND SO THIS IS AS INTENSE A PLANNING PLAN AS I THINK WE WE'VE DONE IN THE LAST FEW YEARS AND TO BE REALLY DISCREET ABOUT IT. AND I, I BROUGHT ONE THAT'S RENDERED IF YOU'D LIKE TO SEE IF THAT'S OF ANY HELP. NO DOUBT. NO DOUBT. I I, I'M, I'M FINE. DO YOU ALL WANNA SEE THE RENDERING? OKAY. I, I THINK PERFECT. WELL, I DIDN'T WANNA TAKE UP YOUR TIME. NO, THANK YOU. IF THERE ARE ANY QUESTIONS ABOUT THE LANDSCAPE PORTION OF THIS, I'D LOVE TO ANSWER 'EM. I I DON'T, I DON'T HAVE ANY, ANYONE HAVE ANY QUESTIONS ABOUT LANDSCAPING? NO. OKAY. OKAY. WELL THANK, THANK YOU VERY MUCH. ALL RIGHT. THANK YOU. THANK YOU. IS THERE ANYONE ELSE THAT WISHES TO SPEAK REGARDING THIS? OKAY. IF YOU CAN COME FORWARD AND INTRODUCE YOURSELF. HELLO, I'M, UH, I'M AMIN FEI. I'M THE, UH, CO-OWNER OF THE PROPERTY OF 3 0 9 GRANNY WHITE PIPE. OKAY. IS THERE ANYTHING YOU WANT TO ADD THAT'S NOT ALREADY BEEN DISCUSSED? ABSOLUTELY. OKAY. UM, THANK YOU FOR THIS OPPORTUNITY. I WANT TO BEGIN BY INTRODUCING MYSELF. WISH I ALREADY DID. MY NAME IS AMIN OSI. UM, I WAS ALSO BORN IN THIS HOUSE, UH, THAT EXISTED THERE. GROWING UP, THE POOL WAS THE EPICENTER OF OUR SOCIAL LIFE. MY MOTHER, WHO IS SITTING BEFORE YOU TODAY, IF, UH, WAS ALWAYS HOSTING PEOPLE IF ASKED ABOUT THE POOL, HER ANSWER WAS QUOTE, IT BECAME A PLACE OF LOVE AND UNITY, BRINGING FRIENDS AND FAMILY CLOSER TOGETHER, UNQUOTE. IF YOU TALK TO PEOPLE BACK THEN, THEY WOULD STILL TO THIS DAY MENTION THE POOL IN ALL THE MEMORIES. AND I'D LIKE TO TAKE YOU A LITTLE BIT DOWN MEMORY LANE AND VIEW SOME PICTURES I POSTED IN EXHIBIT B. PLEASE. I DIDN'T PUT THOSE IN THERE. WE, WE ALREADY HAVE IT. WE'VE SEEN IT. OKAY. WE'VE SEEN IT. THANK YOU. THEY'RE, THEY'RE IN OUR, OUR, AND AS YOU CAN SEE, YOU KNOW, THE PHOTOS COME FROM THE 1980S. UH, YOU KNOW, SOME HAIRSTYLES ARE THERE LOOKING LITTLE FUNKY AND STUFF, BUT, UH, THOSE PHOTOS WERE TAKEN ABOUT 19 82, 83. AND, UM, YOU KNOW, BRINGS ME TO MY TOPIC. I WANT TO SHARE WITH YOU ALL, AND THIS IS WHY I'M UP HERE. UM, TERRY, BEN, THANK YOU. UM, YOU BOTH DID A WONDERFUL JOB IN EXPLAINING, UM, YOUR ADVICE AND RECOMMENDATIONS. UM, BUT MY TOPIC INVOLVES THE HEART. UH, PLEASE LOOK OVER IN THE CORNER STANDING, APOLOGIES. STANDING ARE MY TWO SONS. ONE IS TWO AND A HALF YEARS OLD, AND THE OTHER JUST TURNED ONE. WE ARE HOPING TO ANNOUNCE WITH A THIRD ONE TOO. AS A PARENT, THE NUMBER ONE CONCERN IN MY LIFE ARE MY CHILDREN'S WELLBEING. AND NOTHING SCARES OR CONCERNS ME MORE THAN THEIR SAFETY. THAT IS THE NUMBER ONE PRIORITY I BELIEVE THAT EVERY PARENT IN THE WORLD LIVES WITH. AND WHY I'M STANDING HERE BEFORE YOU ALL, MY CONCERN IS [00:45:01] HAVING THE POOL FOUR FEET FROM MY WINDOWS AND MY THREE BACK DOORS TO MY HOME. I WISH I WAS SIX FEET TALL, BUT I'M NOT. I'M SHORT. I'M FIVE FOOT EIGHT INCHES. THAT MEANS THE POOL THE REPORT RECOMMENDS IS EVEN CLOSER TO MY HOME THAN MY HEIGHT. BEFORE YOU ALL JUST GIVE YOU AN ID THAT REALLY SCARES ME TO HAVE SUCH YOUNG CHILDREN THAT CLOSE TO A SWIMMING POOL WITH SO MANY ACCESS POINTS. ALSO, THINK OF JUST THE FACT THAT EVERY TIME YOU WANT TO WALK OUTSIDE, YOU HAVE TO SIDESTEP A POOL. IT IS ALSO A HARDSHIP TO HAVE TO PUT THE POOL WHERE IT IS BEING RECOMMENDED IN THE MIDDLE OF AN ALREADY LONG AND NARROW HOME OR ON THE SIDE OF THE HOUSE, WHICH SITS ON A BUSY ROAD. THESE ARE ABNORMAL PLACES TO PUT A POOL. DOES ANYONE HERE KNOW OF A POOL ON THE SIDE OF A HOME IN BRENTWOOD? UM, I BELIEVE WE HAVE APPROVED SOME. THE BACKYARD IS WHERE IT CAN BEST BE USED AND ENJOYED. THIS IS WHY THERE IS A POOL THERE IN THE FIRST PLACE WITHIN A CURRENT EXISTING RETAINING WALL. WHY IS THERE A RETAINING WALL? THERE ARE, THERE ARE TOPOGRAPHIC CONDITIONS ATTACHED TO THIS PROPERTY, WHICH ARE UNIQUE, HENCE A RETAINING WALL BEING BUILT. YOU CAN GO AHEAD AND CHECK ON THE MAPS OF OTHER NEIGHBORS AROUND US AND EVEN FURTHER SEE THAT THEY DO NOT HAVE A RETAINING WALL WITH A POOL LIKE WE DO. OUR PROPERTY IS UNIQUE. OUR PROPOSAL IS COMPLETELY REASONABLE. THE EDGE OF THE WATER WILL BE OVER 30 FEET FROM THE REAR PROPERTY LINE VERSUS THE EXISTING POOL THAT WAS LESS THAN 10. THIS IS A CONSIDERABLE DISTANCE AND WILL BE CONTAINED IN AN ALREADY EXISTING RETAINING WALL. I WOULD LIKE TO CONCLUDE THAT THIS PROPERTY HAS THE POTENTIAL TO BE A SPACE FOR CONTINUING MY MOTHER'S LEGACY PASSED DOWN FOR GENERATIONS TO COME IF DONE THE RIGHT WAY. AND THAT MEANS GETTING THE POOL RIGHT, GETTING IT IN THE RIGHT SPOT. THE REPORT RECOMMENDATION OF THE NEW POOL IS JUST NOT WORKABLE WITH THE STANDARD SETBACKS. I'D LIKE TO THANK THE BOARD FOR YOUR TIME. I KNOW THAT THIS IS A COMMITMENT OUTSIDE OF YOUR NORMAL WORK AND FAMILY, AND I APPRECIATE YOU ALL HEARING OUR CASE. THANK YOU. THANK YOU. THANK YOU. INTRODUCE YOURSELF, INTRODUCE YOURSELF. UH, I'M AMIN'S WIFE, JAMIE OSI, CO-OWNER OF THE PROPERTY 3 0 9 GRANNY WHITE PIKE. UM, THERE ARE REASONS WHY TO ME, AS A MOTHER, THE ONLY PRACTICAL PLACEMENT OF THE POOL IS IN THE REAR YARD, AS SHOWN IN OUR REQUEST. VISIBILITY, SAFETY, AND USABILITY. THE MOST SAFETY AND THE MOST VISIBILITY IS ACHIEVED WHEN THE POOL IS IN THE REAR YARD, NOWHERE ELSE, NOT IN THE INTERNAL COURTYARD AND NOT ON THE SIDE. FIRST. UNDER OUR PROPOSAL, I AM ABLE TO SEE MY KIDS AND OTHER PEOPLE IN THE POOL FROM THE LIVING SPACES OF THE HOUSE AND PORCHES. A POOL PLACED ON EITHER SIDE OF THE HOUSE WOULD BE COMPLETELY INVISIBLE FROM ALL LIVING SPACES OF THE HOME. NONE OF THE LIVING SPACES ARE ON THE SIDES OF THE HOUSE. ONE SIDE OF THE HOUSE HAS THE GARAGES AND THE OTHER SIDE OF THE HOUSE HAS THE MASTER BEDROOM. SECOND, OUR PROPO PROPOSED POOL IS FAR ENOUGH AWAY FROM THE HOUSE THAT YOU CAN STEP OUTSIDE INTO THE BACKYARD WITHOUT FALLING INTO THE POOL, OR HAVING TO SIDESTEP THE POOL. TO HAVE THE POOL IN THE INTERNAL COURTYARD, MERE FEET FROM THE DOORS LEADING INTO THE BACKYARD, WOULD CAUSE SERIOUS SAFETY CONCERNS FOR MY CHILDREN AND FOR MY PARENTS AS THEY AGE. UM, FURTHERMORE, IT WOULDN'T BE AS ENJOYABLE TO USE AS I WOULD BE CONCERNED ABOUT SPLASHING NEAR THE HOUSE, NOISE RICOCHETING AROUND THE COURTYARD INTO THE HOUSE, CREATING POOR ACOUSTICS AND MAKING IT DIFFICULT FOR BOTH NORMAL HEARING AND HEARING IMPAIRED PEOPLE AND ACOUSTICS ARE VERY IMPORTANT TO ME AS OUR SON WAS BORN DEAF IN HIS LEFT EAR, MY HUSBAND AND I HAVE SPOKEN WITH OUR NEIGHBORS. OUR NEIGHBORS SEE THE GRANTING OF THIS VARIANCE AS A BENEFIT, NOT A DETRIMENT. OUR NEIGHBORS WANT TO LIVE NEXT TO A WELL-PLANNED, WELL-DESIGNED PROPERTY. IT IS NOT DESIRABLE FOR A NEIGHBORING PROPERTY TO BE STRIPPED OF ITS CHARM, PRESTIGE, CHARACTER, AND PRACTICALITY. EVERY SINGLE ADJACENT NEIGHBOR, EVERY SINGLE ADJACENT NEIGHBOR, AS WELL AS MULTIPLE NEIGHBORS ACROSS THE STREET, HAVE WRITTEN A LETTER OF SUPPORT IN FAVOR OF GRANTING THIS POOL OF VARIANCE. WE HOPE YOU'VE HAD A CHANCE TO READ THEM. UM, WE, THERE, THERE'S ONE I WOULD LIKE TO READ RIGHT NOW HERE IN FRONT OF YOU. UM, AND THIS IS FOR OUR NEIGHBOR WILLIAM MCCONNELL, WHO'S HERE IN THE ROOM WITH US. AND HE WROTE, TO WHOM IT MAY CONCERN, MY WIFE, CHARITY MCCONNELL MD AND I RESIDE AT 3 0 8 GRANNY WHITE PIKE IN BRENTWOOD, TENNESSEE, WHERE WE HAVE OWNED OUR HOME SINCE 2013. [00:50:01] WE APPRECIATE THE EVOLVING NATURE OF HOMES IN THIS AREA AS THE NEEDS OF MODERN FAMILIES CHANGE, ALONG WITH ADVANCES IN DESIGNS AESTHETIC, AND BUILDING STANDARDS. LIKE MANY IN THE NEIGHBORHOOD, WE HAVE EXPERIENCED FIRSTHAND THE CHALLENGES OF EXPANDING AND IMPROVING A HOME TO ACCOMMODATE MULTIPLE GENERATIONS, INCLUDING YOUNG CHILDREN AND AGING GRANT AND AGING PARENTS. WITH THAT PERSPECTIVE, I AM WRITING TO EXPRESS MY SUPPORT FOR THE PLANNED RENOVATIONS AND NEW CONSTRUCTION AT 3 0 9 GRANNY WHITE PIKE LOCATED DIRECTLY ACROSS THE STREET FROM OUR HOME. THIS LETTER SERVES AS MY FORMAL APPROVAL AND ENDORSEMENT OF THE VARIANCE REQUEST. HAVING MET AMIN AND JAMIE AND HEARD THEM SHARE THEIR VISION FOR A THOUGHTFULLY DESIGNED, MULTI-GENERATIONAL FAMILY OWNED PROPERTY, WE WERE PLEASED BY THE CARE AND CONSIDERATION THEY HAVE SHOWN TOWARDS US AS NEIGHBORS. WE BELIEVE THEIR PLANS RESPECT BOTH THE CHARACTER OF THE NEIGHBORHOOD AND THE BROADER INTEGRITY OF THE BRENTWOOD COMMUNITY. PLEASE FEEL FREE TO CONTACT ME SHOULD YOU HAVE ANY ADDITIONAL INFORMATION OR CLARIFICATION BE NEEDED. SO WE'VE ASSEMBLED A TEAM OF THE BEST OF THE BEST, AND WE'RE BRINGING THEIR OUTSTANDING WORK PRODUCT INTO BRENTWOOD. WE INTEND GOD WILLING TO RAISE OUR FAMILY IN THIS HOUSE AND RESIDE HERE FOR THE REST OF OUR LIVES. UH, IT, OUR PROPOSAL IS A WIN-WIN. IT IS THE PRO, THE PRACTICAL SOLUTION FOR THIS EXCEPTIONAL PROPERTY. THANK YOU. THANK YOU. THANK YOU. IS IT POSSIBLE TO HAVE A SIDEBAR WITH TODD? ARE YOU REAL QUICK? IS THAT ALLOWED OR DO I NEED TO SAY IT OUT LOUD? NO, IT HAS NOTHING TO DO WITH THAT. OKAY. WELL, I'M GONNA SAY IT THEN. I MAY HAVE TO RECUSE MYSELF BECAUSE I HAVE A RELATIONSHIP WITH DR. MCCONNELL. SHE'S MY DERMATOLOGIST, MY WIFE AS SHE IS MINE, AND MY WIFE'S HOLD ON, HOLD ON. AND MY WIFE'S FAMILY FRIENDS GROWING UP IN WEST TENNESSEE, AND THEY'VE ALSO DONATED TO A CHARITY THAT, UH, A NONPROFIT THAT WE RUN FOR, UH, ST. JUDE. SO I DON'T, OKAY, SO YOUR DERMATOLOGIST IS THE APPLICANT'S MOTHER OR NO, NO, FROM THE LETTER THE PERSON JUST GAVE A LETTER OF OF, OF, OKAY. I'LL ASK OUR CITY ATTORNEY. OKAY. AND I, I I CAN, I CAN SEPARATE IT OBVIOUSLY. I JUST DON'T WANT TO WELL, THAT PUT, IF, IF IT'S A CONFLICT FOR YOU, IT'S A CONFLICT FOR ME AND WE, WE DON'T HAVE ENOUGH TO VOTE ON IT TONIGHT. THAT BECOMES NEIGHBOR. SO THAT'S WITH THE NEIGHBOR? YES, THAT'S THE NEIGHBOR. OKAY. I JUST DON'T WANT BE, YOU KNOW, CALLING IT. YEAH. DR. MCCONNELL'S GREAT. SHE IS IN, IN THE SHORT TERM. AGAIN, I WANT TO ASK IF YOU HAVE ANYTHING ADDITIONAL THAT HAS NOT BEEN PRESENTED. WE HAVE THREE MORE APPLICATIONS THAT WE HAVE GOT TO GO THROUGH AS WELL. I THINK HE DOES. SO IF YOU'LL INTRODUCE YOURSELF. YES, SIR. SEAN HENRY. I'M WITH THE LAW FIRM, TWO INTRICATE WHITE, AND I REPRESENT THE DIOCESE, THE PROPERTY OWNER. OKAY. SO A COUPLE OF POINTS THAT I'D LIKE TO ADDRESS AND IF WE COULD A STAFF, IF THE STAFF COULD PULL UP, UH, SHEET NUMBER L 1.03. WE LOST OUR COMPUTER. SO WE DON'T HAVE, WE WE HAVE, THEY HAVE IT ON THEIR PA THEIR, UM, IPADS. HAVE ALL OF THE SLIDES. YEAH. SHEET L 1.03 BZA SET. YES. YES, SIR. NO, NO SIR. IT'S A COMPARISON OF THE ORIGINAL POOL AND THE PROPOSED POOL. IT, IT, IT LOOKS LIKE THIS GOT, I'M THERE ORIGINAL POOL'S ON TOP. HOLD ON ONE SECOND. UM, THERE'S NO NEED TO RECUSE YOURSELF. UM, YOU, YOU NOTED THE, THE ISSUE AND IF IT WILL NOT AFFECT YOUR JUDGMENT. ALRIGHT, THANK YOU. SORRY, I IS IT THIS ONE? 1 0 3? IT'S THIS ONE. 1 0 3. OH 1 0 3. DOESN'T HAVE IT. IT'S OURS FOR 1 0 3. 1 0 3 OH, I HAVE IT NOW. THANK YOU. YEAH. OKAY. THIS, THIS ONE? YEAH, I HAVE IT. ALRIGHT, WE GOT IT. THANK YOU. YES, SIR. UM, SO WHAT'S REALLY IMPORTANT HERE, AND I, I UNDERSTAND BOARDS OF ZONING APPEALS ARE ALWAYS CONCERNED ABOUT SETTING A PRECEDENT. THIS PROPERTY IS UNIQUE BECAUSE NO OTHER PROPERTY, INCLUDING THE ONE TO THE NORTH, THE LOT 46 THAT WAS REFERENCED, THEY DON'T HAVE A RETAINING WALL. THEY DON'T HAVE THE SLOPE THAT THIS PROPERTY HAS. UH, THE STAFF REPORT MAKES REFERENCE TO, YOU KNOW, STEEP SLOPES, STEEP SLOPE SLOPES DON'T HAVE TO BE STEEP. THERE JUST NEEDS TO BE TOPOGRAPHY ON THE PROPERTY THAT JUSTIFIES THE REQUESTED HAND. THIS RETAINING WALL HAS BEEN THERE. IF, IF THE, IF, IF SLOPE WAS NOT AN ISSUE, THERE WOULD NO, THERE WOULD NOT BE A RETAINING WALL THERE. THE RETAINING WALL IS THERE. IT'S IN STRUCTURAL GOOD CONDITION. THIS REQUEST IS TO BRING A NEW POOL CLOSER TO COMPLIANCE WITH THE CURRENT SETBACK REQUIREMENT THAN THE EXISTING POOL EVER WAS. THE EXISTING POOL'S 12 FEET FROM THE REAR PROPERTY LINE, THIS NEW POOL EDGE OF WATER IS GONNA BE 30 FEET. SO THERE'S BEEN COMMENT [00:55:01] ABOUT WHETHER THEY COULD REBUILD THE EXISTING POOL. WE TAKE EXCEPTION TO THAT. THE, THAT THAT EXISTING POOL, IT'S GOT WATER IN IT, IT'S HOLDING WATER, IT'S NOT BEEN ABANDONED. IT WAS FILLED WITH DIRT. THE WORD ABANDONMENT DOES NOT EXIST IN YOUR ZONING CODE. THAT WORD DOESN'T EXIST. STAFF IS CONFLATING THE REFERENCE TO NON-CONFORMING PROPERTY RIGHTS AND STATE LAW, WHICH DOES NOT APPLY TO RESIDENTIAL SITUATIONS. SO IF THIS WAS A COMMERCIAL PROPERTY OR AN INDUSTRIAL PROPERTY OR A BUSINESS, YOU DO LOSE NON-CONFORMING PROPERTY RIGHTS IF YOU ABANDON A PIECE OF PROPERTY AND YOU CEASE USING IT FOR THE PURPOSE IN WHICH YOU WERE USING IT. THAT'S NOT THE CASE HERE. THIS IS RESIDENTIAL PROPERTY NONCONFORMING PROPERTY RIGHTS DON'T APPLY. UM, THE IDEA OF ABANDONMENT DOESN'T EXIST IN YOUR ZONING CODE. AND THERE'S CRITERIA FOR THAT. I, BUT I DON'T WANT TO TALK ABOUT THAT BECAUSE THEY DON'T WANT TO REBUILD THE EXISTING POOL. IF THEY DON'T GET THE RELIEF THEY'RE SEEKING HERE, THEY'LL HAVE NO CHOICE AND THEY'LL PROBABLY BE COMING BACK HERE CHALLENGING THE DETERMINATION OF THE ZONING ADMINISTRATOR AS A, AS AN ADMINISTRATIVE APPEAL. AND WE'LL BE RIGHT BACK HERE IN FRONT OF YOU. WE'RE NOT HERE TO TALK ABOUT THAT. WHAT WE'RE HERE TO TALK ABOUT IS THE, IS THE PHYSICAL CONDITIONS ON THIS PROPERTY THAT HAVE EXISTED FOR A LONG TIME THAT DO NOT EXIST ON ANY ADJACENT PROPERTY. YOU WOULDN'T HAVE THE LETTERS OF SUPPORT. AND WE'RE NOW UP TO EIGHT OF SURROUNDING PROPERTY OWNERS THAT SUPPORT THIS, THIS REBUILD OF A POOL, BRINGING IT FURTHER FROM THE REAR PROPERTY LINE AND DEEPER INTO THE PROPERTY ON A VERY SHALLOW PIECE OF PROPERTY, A VERY SHALLOW BUILDING ENVELOPE. SO, UH, RELATED TO THAT, AND THAT'S WHAT THIS EXHIBIT IS DEMONSTRATING. THE NEW POOL IS GOING TO BE 215 SQUARE FEET LESS IN, IN SURFACE AREA, LESS WATER SURFACE THAN THE PRIOR POOL THAT'S BEEN THERE SINCE THE SEVENTIES. UH, SO IT'S COMING FURTHER INTO THE SITE, IT'S GETTING SMALLER. IT'S A SMALLER POOL ON SURFACE AREA. AND, AND SO WE THINK THAT HAS MERIT. WE THINK THAT HAS JUSTIFICATION. AND WHEN YOU LOOK AT THE CRITERIA FOR GRANTING A HARDSHIP, EXCUSE ME, GRANTING RELIEF FROM THE ZONING CODE, YOU, YOU LOOK AT THE CONTEXTUAL SITUATION AS WELL. SO THIS PHYSICAL PIECE OF PROPERTY AND THE CONDITION IT'S IN, THERE IS NO OTHER, I'M NOT SURE HOW, HOW WE CAN DEMONSTRATE OTHERWISE. I MEAN, THE STAFF SAYING, UNTIL YOU DEMONSTRATE THAT THIS IS THE ONLY PROPERTY THAT HAS THIS CONDITION, WE'VE DONE ALL WE COULD DO. I MEAN, THE EVIDENCE IS HERE. IN OTHER WORDS, YOU ARE A QUASI-JUDICIAL BODY. YOU'RE WEIGHING THE EVIDENCE THAT'S IN FRONT OF YOU. WHERE IS THERE EVIDENCE THAT SOMEONE ELSE HAS THE EXACT SAME SITUATION AS THIS PROPERTY? WHERE IS THAT? THAT'S NOT IN FRONT OF YOU. NO ONE'S PRESENTED THAT. NO ONE'S ARGUING THAT. WELL, YOU DID THE SAME THING, YOU KNOW, TWO YEARS OR FOUR YEARS AGO, OR 10 YEARS AGO, AND THEREFORE YOU GOTTA DO IT. NOW. THIS IS UNIQUE, THIS IS DIFFERENT. PRECEDENT'S IMPORTANT. WE'RE NOT ASSERTING PRECEDENT WHATSOEVER. I KNOW THE STAFF'S CONCERNED ABOUT THAT, AND YOU SHOULD TOO. WE'RE NOT AWARE OF ANOTHER EXAMPLE LIKE THIS. AND SO WE, WE THINK THAT SHOULD ON THE SCALES OF, YOU KNOW, SCALES OF JUSTICE HERE ON THE SCALES OF WHETHER OR NOT A HARD, WHETHER, WHETHER RELIEF IS DESIRABLE, WHETHER RELIEF IS, IS, IS NECESSARY BECAUSE OF THE PRACTICAL DIFFICULTIES. FORGET ABOUT HARDSHIP, BUT YOUR CODE SAYS PRACTICAL DIFFICULTIES OR HARDSHIP AND HARDSHIP. YOU KNOW, PEOPLE LIKE TO LATCH ONTO THAT WORD. FORGET ABOUT THAT. IT'S AN, OR THE PRACTICAL DIFFICULTIES AS THE ARCHITECT WAS EXPLAINING ON TRYING TO BUILD A HOME ON THIS PROPERTY AND RETAIN WHAT'S BEEN THERE FOR A SUPER LONG TIME AND INCORPORATE THAT NEW POOL INTO THE NEW HOME CONSTRUCTION. THERE'S PRACTICAL DIFFICULTIES IN DOING THAT. UM, LET ME JUST SAY, I, I, I KNOW YOU, I KNOW YOU ALL ARE BUSY. I LOOKED AND I KNOW YOUR, YOUR MEETINGS RUN QUICKLY AND I INFORMED, UH, OUR FOLKS, YOU KNOW, BEF EARLIER TODAY LOOKED THE LONG TESTIMONY YOU ALL HAVEN'T HAD. I DON'T KNOW IF YOU ALL WERE ON THE BOARD, BUT I LOOKED YOU HAVEN'T HAD A MEETING THAT WENT PAST AN HOUR IN FOUR YEARS. OKAY, SO APOLOGIES HERE, UH, TONIGHT, BUT THIS IS REALLY IMPORTANT TO OUR CLIENT. IT'S IMPORTANT TO THE FAMILY WHO, WHO BUILT HERE FIRST, UH, ON THIS PROPERTY. AND, AND YOU HEARD FROM MR. F1 FINAL COMMENT ON THE EXISTING POOL. WE HAVE A COMPANY THAT'S EVALUATED THE STATUS OF THAT IN-GROUND POOL THAT'S FILLED WITH MUDDY WATER AND FROGS AND WHETHER OR NOT IT COULD BE REBUILT AND WHAT THE COST OF DOING THAT WOULD BE. WE HAVE A LETTER FROM THEM AND HE'S SAYING THAT THE ORIGINAL POOL WAS NOT DESTROYED BY MEANS OF FILLED DIRT. HE WENT OUT AND INSPECTED THIS ON OCTOBER 21ST, 2025, INSPECTED THE PHYSICAL CONDITION, UM, AFTER IT WAS EXPOSED BY REMOVAL OF THE FILL DIRT. WE HAVE TWO ESTIMATES HERE. ONE IS TO INSTALL THE NEW POOL AS PROPOSED ON THE BOTTOM. THE OTHER IS AN ESTIMATE TO REPAIR, RENOVATE, REHABILITATE THE OLD POOL AS IT EXISTS TODAY IN THE TOP PHOTO. THAT RETAINING WALL DOESN'T NEED TO CHANGE. THAT RETAINING WALL'S STILL IN GOOD STRUCTURAL CONDITION. IT'S GONNA STAY RIGHT THERE. [01:00:01] IT IT, IT HOLDS BOTH POOLS. IT DOESN'T REALLY MATTER. BUT THE WHOLE PLAN HERE IS TO PULL THAT NEW POOL CLOSER TO THE HOME. AND YOU CAN SEE IN THE UPPER PHOTO HOW THE OLD, THE ORIGINAL HOME WITH THE ORIGINAL POOL, OUR WELL BEYOND THE 50 FOOT SETBACK MARK IN THE REAR YARD. THE NEW HOME'S GONNA COMPLY WITH THAT. THE NEW POOL'S GONNA COME CLOSER INTO COMPLIANCE WITH THAT. SO YOU CAN REFER TO THEM AS MITIGATING FACTORS, UH, OR WHAT WHATEVER YOU WANT TO CONSIDER, WHAT THEY'RE, WHAT THEY'RE ASKING YOU TO SUPPORT HERE WITH A VOTE TO GRANT THIS RELIEF. IT'S NOT AS IF THERE'S NEVER BEEN A POOL THERE. I, I THINK WHAT I'VE HEARD SO FAR IS YOU'RE COMING TO US AND YOU'RE WANTING TO BUILD A, EXCUSE ME, BUILD A RETAINING WALL. BUILD THIS POOL. IT'S NEVER BEEN THERE. THIS IS ALL NEW. YOU GOT A SHALLOW LOT. YOU REALLY DON'T DESERVE IT. THAT'S NOT THE CASE. THE FACT IS THE POOL HAS BEEN THERE. WE'RE NOT BUILDING A RETAINING WALL. IT'S ALREADY THERE. WE'RE NOT ASKING FOR SOMETHING THAT'S NOT BEEN THERE BEFORE. WE'RE SIMPLY ASKING TO ADJUST THE LOCATION OF A POOL ON THIS SITE THAT'S MORE IN COMPLIANCE WITH YOUR ZONING CODE. THAT'S WHAT WE'RE ASKING FOR. AND THE RELIEF SIDE IS FRANKLY THE MINIMUM NECESSARY TO, YOU KNOW, TO, TO ACCOMMODATE, YOU KNOW, WHAT'S BEEN THERE FOR A SUPER LONG TIME. SO I, I'M SORRY TO SPEAK SO MUCH. I COULD TALK A LOT MORE. THERE'S A LOT OF MATERIAL THAT WE'VE SUPPLIED TO YOU. UM, I'M HAPPY TO ANSWER ANY QUESTIONS AND, AND IF I CAN'T ANSWER IT, I'M SURE WE GOT SOMEBODY BEHIND ME THAT CAN OKAY. I'VE GOT A QUESTION. ALRIGHT, GO AHEAD. UM, IS THERE PHYSICAL SPACE WITHIN THE BUILDING ENVELOPE TO FIT A POOL OF THE SIZE THAT'S DESIRED? MY UNDERSTANDING IS THE ONLY PHYSICAL SPACE THAT WOULD ACCOMMODATE THE POOL AND THE HOME AS PRESENTLY DESIGNED IS ON THE LEFT, ON THE SOUTH SIDE, IN THE SIDE YARD NEXT TOWARDS THAT NEIGHBOR, AND THAT NEIGHBOR HAS A POOL IN THEIR BACKYARD. SO THE ANSWER IS YES, THERE'S ROOM TO BUILD A POOL, BUT IT'S NOT A DESIRABLE LOCATION. OKAY. ON THE SIDE OF A HOUSE. YEAH. AND, AND, BUT IMPORTANTLY, I'M GONNA FINISH MY COMMENT. ONE OF, ONE OF THE CRITERIA IS DETRIMENT TO OTHER PROPERTIES, DETRIMENT AND IMPACT ON ADJACENT PROPERTIES. YOU GO PUTTING A POOL ON IT ON THE SIDE OF ANY HOME, YOU KNOW, YOU, YOU EXPOSE THAT SIDE YARD THAT RELATE THAT CONTEXTUAL RELATIONSHIP TO, YOU KNOW, POOL ACTIVITY THAT IS POSS SPLASHING WATER. THAT IS A POSSIBILITY. HOWEVER, THERE'S LOTS OF SPACE ON BOTH SIDES OF THE WAY IT'S DRAWN. THERE IS DISTANCE. THE OTHER THING, GREAT LANDSCAPING PLAN, WHICH CREATES PRIVACY. SO THERE'S, AND IT'S REQUIRED TO BE IN THE REAL REAR BUILDABLE AREA. SO IT'S REDESIGN OF THE STRUCTURE WOULD HAVE TO HAPPEN TO CREATE REAR BUILDABLE AREA AND PRIVACY, ET CETERA. YES. AND, AND, AND THE ARCHITECT HAS ADDRESSED THAT FROM A DESIGN YES. PROFESSIONAL AND AN EXPERT. AND HE'S DONE HIS BEST AT TRYING TO DO THAT. UM, IF YOU FELT LIKE IT'S SOMETHING YOU'D LIKE TO SEE AND CONSIDER, I WOULD, I WOULD RECOMMEND WE DEFER OUR CASE AND LET'S LET, LET'S LET THE TEAM DESIGN SOMETHING AND COME UP WITH THAT AND SEE IF THAT ADJACENT NEIGHBOR IS OKAY WITH THAT. SO, UM, WE DON'T EVER DEFER A CASE. IT WOULD BE UP TO THE, UH, APPLICANT TO DEFER. UM, SO WE, WE EITHER APPROVE OR DENY. I UNDERSTAND MR. HENRY. YES, SIR. LISTENING TO YOU. UM, I, I FEEL YOU'RE COMING FROM A PLACE WHERE YOU'RE TALKING ABOUT THE OLD PLAT, RIGHT? THE OLD SETBACK. IT'S, IT'S, IT'S NOW UP TO DATE WITH THE LATEST AND GREATEST FOR CITY OF BRENTWOOD. CORRECT. AS FAR AS WHERE THE HOUSE IS. THE BUILDABLE LOT Y'ALL KEEP TALKING ABOUT, THERE WAS A POOL THERE, THERE WAS A POOL THERE, BUT THAT WAS OLD INFORMATION. THAT'S OLD SETBACKS. THIS HAS BEEN UPDATED. THAT'S RIGHT. YOU'RE MAKING THE ARGUMENT THAT WE SHOULD CONSIDER THE OLD SETBACK AS AN OPTION. NO, NO. I'M SAYING THAT THE OLD POOL IS STILL THERE AND CAN BE REBUILT. OH, UNDER THE CRITERIA OF YOUR ZONING CODE. RIGHT. YOU KNOW THAT YOUR CRITERIA, SO LONG AS THAT POOL CAN BE REHABBED IN ITS CURRENT POSITION AND IT'S NOT BEEN REMOVED, THAT WORDS IN YOUR ZONING CODE, IF THE STRUCTURE HAS NOT BEEN REMOVED, IT CAN BE REAL, BE REBUILT, PROVIDED THE COST OF DOING SO IS 50% LESS THAN REPLACING IT. WE HAVE THAT EVIDENCE HERE. AND I WOULD LIKE TO JUST SUBMIT IT FOR THE RECORD AND I'VE GOT COPIES, BUT WHILE I'M TALKING ABOUT IT, I'M NOT SURE. I'LL HAND IT TO YOU'LL TAKE A COPY. YEAH, PLEASE. I'VE GOT, I'VE GOT COPIES OF IT. PLENTY OF COPIES. THANKS SIR. YES, SIR. THANK YOU. ONE STAFF AND, AND MY UNDERSTANDING FROM, UH, JR POOLS, THEY DO A FAIR AMOUNT OF WORK HERE IN BRENTWOOD. THEY'RE, THEY'RE FAMILIAR WITH THE PERMITTING SYSTEM, THE PROCESS, ET CETERA. BUT REALLY WHAT'S IN FRONT OF US [01:05:01] IS WHAT'S THE NEW DESIGN? THAT'S RIGHT. WE'RE IS, SO ANY, ANYTHING BEYOND THAT RELATED TO THE OLD POOL IS WE'RE NOT, WE'RE NOT CONSIDERING O ONLY TO THE EXTENT THAT THAT LETTER T TELLS YOU WHAT IT'S GONNA COST FOR THEM TO BUILD THE POOL THAT MY CLIENT REALLY WANTS TO BE BILLED, WHICH IS, IS THE NEW POOL, AND IT'S $149,000 FOR THAT. UM, SO AGAIN, WE PLEAD UPON YOUR SENSIBILITIES. WE UNDERSTAND YOUR ROLE IS TO, YOU KNOW, PROTECT PROPERTIES AND, YOU KNOW, THROUGHOUT BRENTWOOD FROM UNNECESSARY ENCROACHMENTS INTO SETBACKS. THE POINT I WAS TRYING TO MAKE IS THE ORIGINAL POOL WAS PERMISSIBLE. IT PRESENTLY ENCROACHES INTO THE REAR SETBACK. WE'RE ASKING FOR LESS OF AN ENCROACHMENT INTO THE REAR SETBACK BY BUILDING A NEW FABULOUS POOL AS OPPOSED TO REHABILITATING WITH MR. JR'S POOL COMPANY, REHABILITATING, REBUILDING THE CURRENT POOL. THAT'S, THAT'S, THAT'S THE PROPOSITION THAT WE'RE IRE POSING. SO THANK YOU. ALRIGHT, THANK YOU. YES, SIR. IS THERE ANYONE ELSE THAT WISHES TO SPEAK REGARDING THIS? UH, WE'RE ALL DONE PROCESS. OKAY. ALLISON, OUTSIDE OF THE CORRESPONDENCE THAT YOU HAVE EMAILED US, IS THERE BEEN ANY OTHER CORRESPONDENCE IN REGARDING THIS MATTER? NO, I HAVE NOT HAD ANY CORRESPONDENCE WITH NEIGHBORS IN REGARDS TO THIS REQUEST SPECIFICALLY. OKAY. ANY MORE QUESTIONS FROM THE BOARD MEMBERS? IF THERE ARE NONE, IS THERE A MOTION ON THIS PROPOSAL? I'D LIKE TO MAKE COMMENT BEFORE MOTION. OKAY. IF POSSIBLE. UM, I, I WOULD JUST LIKE TO SAY THE VARIANCE REQUEST PROCESS IS VERY NARROW AND STRICT AS IT IS. AND ALL CRITERIA MUST BE MET FOR A VARIANCE REQUEST TO BE APPROVED. UM, SO IT'S, IT'S NOT A MENU OR A PICK AND CHOOSE THIS ONE. THIS ONE'S, YES. AND THESE ARE NO, AND IT'S STILL OKAY. IT HAS TO BE ALL OF THEM. AND, AND CERTAINLY, UM, YOU'VE DEMONSTRATED THROUGH THE LETTERS FROM YOUR NEIGHBORS, ET CETERA. UM, THAT'S, THAT'S CERTAINLY THAT YOUR, YOUR NEIGHBORS ARE OKAY WITH IT. UH, THERE'S BEEN QUESTIONS ABOUT, YOU KNOW, SETTING PRECEDENT WITH THE, THE ZONING CODE, UM, ET CETERA. WE'RE ALWAYS CONCERNED WITH THAT. UM, MY CONCERNS WITH IT ARE THAT IT IS, UM, THE DESIGN ITSELF HAS CREATED THE HARDSHIP. AND SO UNDER THE, UNDER THE RULES AND WHAT IT SAYS, THE STRICT APPLICATION OF THE PRO PROVISIONS OF THIS CHAPTER, CHAPTER WOULD RESULT IN EXCEPTIONAL PRACTICAL DIFFICULTIES OR EXCEPTIONAL AND UNDUE HARDSHIP UPON THE OWNER OF SUCH PROPERTY THAT WOULD BE RELATED TO THE PROPERTY. SO THE SHAPE AND SIZE AND TOPOGRAPHY OF THE PROPERTY. BUT WHAT YOU'VE DEMONSTRATED AND, AND AGREED TO WHEN WE'VE HAD QUESTIONS BACK AND FORTH IS WE'RE NOT TALKING ABOUT THE BUILDING. THE BUILDING IS, IS FINE. IT FITS JUST FINE. WE'RE TALKING ABOUT THE REAR BUILDABLE AREA OF A PROPERTY, WHICH THERE'S 58 FEET OF BUILDING ENVELOPE IN THAT DIRECTION. AND YOUR DESIGN IS 57 AND A HALF FEET OF THAT 58 FEET. SO THERE'S A HALF FOOT OF REAR BUILDABLE AREA. SO YOU'VE NOT LEFT ANY SPACE FOR A REAR BUILDABLE AREA ON IN THE HOUSE OR, OR FOR ANY ACCESSORY STRUCTURES TO BE THERE. SO TO BE, I, I CAN JUST CANNOT GET OVER THE FACT THAT THE HARDSHIP IS REALLY BEING CREATED BY THE DESIGN AND THE FACT THAT YOU WANT TO HAVE IT WHERE IT IS, IS BECAUSE OF THE DESIGN OF THE STRUCTURE. UM, SO I MEAN, IT, THAT'S, THAT'S, THAT'S MY TAKE ON IT. OKAY. I I, IF I CAN JUST ONE REAL QUICK. SURE. AHEAD. UM, FIRST OF ALL, Y'ALL DID A GREAT JOB. THANK YOU FOR PRESENTING THE INFORMATION. UM, I KNOW WE ALL TAKE THIS JOB VERY SERIOUSLY AND I DON'T ENJOY NOT APPROVING THINGS FOR PEOPLE SOMETIMES. UM, AND I DON'T KNOW WHAT DIRECTION THIS IS GONNA GO, BUT YOU KNOW, YOU ALL PEEL TO OUR HEART. YOU GOT ME. I HAVE TWO SONS. I GET IT. I THINK WE ALL HAVE HEART. YOU TALKED ABOUT OUR SENSIBILITIES. I KNOW I'M DEALING WITH VERY SENSIBLE PEOPLE UP HERE. UM, MR. HENRY SAID SOMETHING ABOUT DESERVING DESERVING A POOL. I MEAN, YOU KNOW, IT'S NOT ABOUT DESERVING AS WE KNOW, BUT, UM, ANYWAY, JUST EMPATHETIC ABOUT THE, THE, THE STRUGGLE AND DIFFICULTY THAT SOME OF THESE THINGS TAKE. AND, UM, JUST WANNA SAY, I APPRECIATE Y'ALL. ANYTHING YOU WANNA ADD, DEBBIE? NO, I FEEL THE SAME WAY. I'M JUST LISTENING TO ALL THIS AND JUST, [01:10:01] AND I WENT THROUGH EVERY SINGLE THING SO FAR. YEAH. I, I'LL LET GO OF THEIR COMMENTS. THANK YOU FOR YOUR TIME AND ATTENTION. SOMETIMES THIS IS NOT THE MOST FUN POSITION TO BE IN. UM, I'LL TURN BACK TO THE BOARD MEMBERS. IS THERE A MOTION REGARDING THIS REQUEST? IS THERE A MOTION TO APPROVE? I'M NOT HEARING ANY, BUT I THINK WE HAVE TO GIVE A REASON WHY WE'RE NOT. YEAH. YOU, THERE STILL NEEDS TO BE A MOTION MADE, WHETHER IT'S A MOTION APPROVAL, A MOTION OF DENY. I, I WANTED TO ALLOW THE OTHER BOARD MEMBERS TO MAKE A MOTION TO APPROVE IF THEY SO DESIRE. OKAY. BUT I, I WOULD BE HAPPY TO MAKE REASONS FOR A MOTION TO DENY. OKAY. GO AHEAD. OKAY. UH, I'LL MAKE A MOTION TO DENY THE VARIANCE REQUEST BASED ON THE, UH, CRITERIA SET IN FRONT OF US, UH, INCLUDING THE STAFF NOTES, INCLUDING THE COMMENTS REGARDING LOT 46, UM, ADJOINING THAT'S THE SAME SIZE, UH, THAT THIS PROPERTY IS THE SAME SIZE AND SHAPE OF THE ADJOINING PROPERTY. THERE'S NOTHING UNIQUE ABOUT IT, UM, THAT THE HARDSHIP IS CREATED BY THE DESIGN AND NOT ANYTHING RELATED TO THE PHYSICAL NATURE OF THE PROPERTY. THAT THERE ARE OVER 18,000 SQUARE FEET OF BUILDABLE AREA WITHIN THE BUILDING ENVELOPE TO, UH, ACCOMMODATE STRUCTURE AND ACCESSORY STRUCTURES, UM, ON THE PROPERTY. AND THAT THIS DESIGN JUST DOESN'T ACCOMMODATE FOR THE POOL. SO, UM, UH, I ALSO WOULD ADD THAT ALLOWING FOR WHAT I WOULD CALL A CONVENIENCE FACTOR TO BUILD OUTSIDE THE BUILDING ENVELOPE WOULD BE DETRIMENTAL TO THE ZONING ORDINANCE IN BRENTWOOD. IT'S R ONE FOR A REASON. UM, AND I DON'T SEE WHY WE WOULD ALLOW BUILDING OUTSIDE IT. UH, FOR, FOR THAT REASON. FOR THAT REASON, I WOULD MAKE A MOTION TO DENY. IS THERE A SECOND? I SECOND THAT. OKAY. ARE THERE ANY QUESTIONS? ALL RIGHT. I'LL CALL FOR A VOTE TO APPROVE THE DENIAL OF THE REQUEST. ALL IN FAVOR OF, OF AN APPROVAL TO DENY, SAY AYE. AYE. AYE. ALL OPPOSED. OKAY. THANK YOU AGAIN FOR COMING. THANK YOU. OKAY. THE SECOND ITEM ON TONIGHT'S AGENDA IS, UM, BZA [2. BZA2604-001 Revised Accessory Structure Request - Traditions Subdivision, Section 5, Lot 34, 1877 Traditions Circle, Zoning OSRD - Applicant: Haven Outdoors] 2 0 6 4 DASH 0 0 1 REVISED ACCESSORY STRUCTURE REQUEST TRADITIONS SUBDIVISION SECTION FIVE LOT 34 AT 1-877-TRADITION CIRCLE ZONING, OSRD. ALLISON HAVEN OUTDOORS REQUESTS APPROVAL OF A 324 SQUARE FOOT DETACHED STRUCTURE TO BE CONSTRUCTED IN THE REAR BUILDABLE AREA OF THE LOT. THE STRUCTURE WILL BE CONSTRUCTED A BRICK PAINTED WHITE WITH BLACK X. SINCE THAT MATCH THE EXISTING HOUSE, IT'LL HAVE A SHINGLE ROOF AND BE APPROXIMATELY 11 FEET TALL. THE PROPOSED STRUCTURE WILL BE PLACED ON A THREE FOOT ELEVATED PATIO. THE TOTAL HEIGHT FROM THE LOWEST ADJACENT GRADE TO THE PEAK OF THE ROOF WILL BE APPROXIMATELY 15 FEET TALL. THE HEIGHT OF THE HOUSE IS APPROXIMATELY 34 FEET TALL. UH, THE BOARD OF ZONING APPEALS PREVIOUSLY APPROVED A 324 SQUARE FOOT DETACHED STRUCTURE ON APRIL 21ST, 2025. THE RESIDENT DID NOT GAIN APPROVAL FROM THE HOA AND HAD TO REVISE THE APPEARANCE OF THE PROPOSED STRUCTURE. UM, WE HAVE A CONDITION OF APPROVAL THAT AN AS-BUILT SURVEY WILL BE REQUIRED PRIOR TO THE FINAL INSPECTION AND ISSUANCE OF A CERTIFICATE OF COMPLETION. UH, AND THEN THERE ARE FOUR STANDARD CONDITIONS OF APPROVAL AND STAFF RECOMMENDS APPROVAL OF THE DETACHED ACCESSORY STRUCTURE, SUBJECT TO ALL BUILDING CODES AND STAFF NOTES. OKAY. THANK YOU. ALLISON. IS, IS THERE SOMEONE HERE REPRESENTING THIS REQUEST? IF YOU COULD INTRODUCE YOURSELF. HEY THERE, MY NAME'S HUNTER HUTCHINSON, UM, OWNER OF HAVEN OUTDOORS. OKAY. HUNTER, IS THERE ANYTHING THAT YOU WOULD LIKE TO [01:15:01] ADD TO WHAT'S BEEN PRESENTED SO FAR? I DON'T BELIEVE SO. NO SIR. OKAY. UH, BOARD MEMBERS IS, ARE THERE, DO YOU HAVE ANY QUESTIONS FOR HUNTER? I'M JUST CURIOUS WHAT HOA HAD AN ISSUE WITH THE FIRST TIME? UM, I THINK THERE, THE FACT THAT THERE WAS LIKE AN ENCLOSED BATHROOM OF JUST A SINGLE CLOSET AND FOR WHATEVER REASON, I GUESS THEIR RULES OR IT HAS TO BE LIKE AN OPEN AIR, UM, PAVILION. UM, I THINK IT WAS THE HOMEOWNER WENT THROUGH A LONG, LONG PROCESS WITH HOA AND FIGHTING 'EM WITH LAWYERS AND STUFF. 'CAUSE THERE'S TONS OF LIKE, ADDITIONS THAT ARE WAY MORE GRAND. BUT AT THE END OF THE DAY, THEY HAD TO FORFEIT. OKAY. THANK YOU. ANY OTHER QUESTIONS FROM, FROM HUNTER? OKAY. THANK YOU. THANK YOU. THANK YOU. YES. IS IS THERE ANYONE HERE WHO WISHES TO SPEAK REGARDING THIS, THIS REQUEST? ALLISON, HAVE YOU RECEIVED ANY CORRESPONDENCE, UH, REGARDING THIS REQUEST? I HAVE NOT. OKAY. HEARING NONE. BOARD MEMBERS, DO YOU HAVE ANY QUESTIONS? IF NONE, IS THERE A MOTION TO APPROVE AS PRESENTED? MOTION TO APPROVE. IS THERE A SECOND? SECOND. THANK YOU TODD. ANY QUESTIONS? ALL IN FAVOR OF APPROVAL, SAY AYE. A AYE. ALL OPPOSED. THANK YOU. OKAY, ITEM NUMBER [3. BZA2604-002 Accessory Structure Request - 460 Beech Creek Road N, Zoning R-2 - Applicant: Nicholson Building and Construction, Inc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ccessory Structure Request - Telluride Subdivision, Phase 2, Lot 22, 9905 Elland Road, Zoning R-2 - Applicant: Call Construction] AGENDA IS ITEM UH, BZA 2 6 0 4 DASH ZERO THREE ACCESSORY STRUCTURE REQUEST. TELLURIDE SUBDIVISION PHASE TWO LOT 22 AT 9 9 0 5. IS THAT ELAN ROAD ZONING? R TWO, DID I GET THE STREET NAME RIGHT OR IS IT ELLEN? I THINK IT'S, I THINK IT'S EL ELLEN. YEAH, I THINK IT'S ELLAND. IT'S A NEW TELLURIDE ISS A NEW SUBDIVISION. OKAY. ALRIGHT. I'LL TURN IT OVER TO YOU, ALLISON. OKAY. UH, CALL CONSTRUCTION REQUEST APPROVAL OF A 740 SQUARE FOOT [01:40:01] DETACHED STRUCTURE TO BE CONSTRUCTED IN THE REAR BUILDABLE AREA OF THE LOT. THE STRUCTURE WILL BE CONSTRUCTED OF HARDI BOARD SIDING PAINTED BLACK TO MATCH THE EXISTING HOUSE. IT WILL HAVE A DARK GRAY STANDING SEAM METAL ROOF AND IT'LL BE BE APPROXIMATELY 18 AND A HALF 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. OKAY. IS THERE SOMEONE HERE REPRESENTING THE PROJECT? IF YOU COULD INTRODUCE YOURSELF, TROY, UH, OWNER OF CALL CONSTRUCTION. OKAY. ALRIGHT. CALL, CALL. TROY. IS THERE ANYTHING YOU WANT TO ADD TO, TO WHAT ALLISON'S PRESENTED? NO, REALISTICALLY JUST A INSIDE KITCHEN AND A, A GAME ROOM FOR THEIR KIDS. OKAY. ALRIGHT. ANY QUESTIONS FOR TROY? YEAH, I WAS TRYING TO RECONCILE WHERE THIS IS 'CAUSE I'M TRYING TO PLACE THE SHAPE OF THE STRUCTURE. I KNOW IT'S RIGHT THERE, BUT HOW IS IT ORIENTED? BECAUSE THERE'S LIKE THE WALL WITH THE KITCHEN. YEAH. CAN YOU BRING UP THE ACTUAL DRAWING OF THE PLAN? I'M WITH YOU ON THIS. I I HAVE A QUESTION ABOUT THIS AS WELL. THE, THE, THIS ONE? YES. THANK YOU. YEAH. AND THIS DIDN'T MAKE SENSE EITHER, SO I WAS JUST TRYING TO I'M SORRY. IS THAT NOT THE ONE YOU WERE REFERRING TO? ALL OF IT. GO AHEAD. GO AHEAD. NO, YOU'RE GOOD. THIS, THIS ALL, I'M JUST TRYING TO, IT'S THERE AND THEN THE WALL GOES, IT WOULD BE EAST, EAST, WEST OR LEFT. RIGHT. SO THIS WOULD BE THE TRUCK DECK THAT IS IN THAT RENDERING. BEFORE THIS WOULD BE THE OUTDOOR KITCHEN. SO THE WALL WOULD BE ON THE SIDE. OH, I SEE. LOWER THAN THAT. SO THAT'S JUST THE INTERIOR? THIS IS JUST INTERIOR. AH, OKAY. THANK YOU. OH, SO THE, OKAY, THE GAME ROOM WALL, FAR, FAR SIDE IS, IS COMPLETELY CUT OFF FROM THE BATHROOM AND STORAGE CLOSET AND COMMONARY. CORRECT. SO THEY HAVE TO GO OUTSIDE TO COME BACK IN? NO, NO, NO. THERE WILL BE LIKE AN, I DON'T KNOW IF YOU WANT TO CALL IT A DOUBLE DOOR OR A SINGLE DOOR BETWEEN RIGHT PAST THIS STORAGE CLOSET. WELL, IT'S NOT IN THE DRAWING THOUGH. IT'S RIGHT HERE, BUT IT'S NOT IN THE DRAWING. AND ALSO THE BATHROOM'S NOT LAID OUT. RIGHT. SO AS FAR AS PLUMBING, TOILET AND PLUMBING, WELL WE DON'T HAVE ONE OF OUR SPECIFIC ENGINEERED DRAWINGS. I'M NOT SAYING THIS IS THE CASE IN HERE, BUT MM-HMM . ONE OF OUR CONCERNS IS OBVIOUSLY, UM, IT'S NOT SUPPOSED TO BE FOR PEOPLE TO SLEEP IN AT NIGHT. ALL THOSE THINGS. CERTAINLY. UM, I DON'T KNOW IF YOU'RE GONNA, YOU KNOW, IF SOMEONE PUTS IT IN LAUNDRY HOOKUPS, THAT'S NOT ALWAYS A GOOD SIGN. CERTAINLY, CERTAINLY. BUT I DON'T KNOW. THERE'S, THERE'S NO PLUMBING IN THERE AT ALL ON THE BATHROOM SIDE. OBVIOUSLY IT COULD BE A FULL SHOWER OR TUB. AND THEN TO HAVE THE PRIVACY OF A ROOM, AGAIN, I DON'T SEE THE DOOR AS DRAWN WHERE YOU WOULD HAVE ACCESS. SO TO ME IS, IS THAT A PRIVATE SPACE REALLY INSTEAD, INSTEAD OF A GAME ROOM? LIKE I, I'M, IT IS JUST CONFUSING TO ME. NOT NECESSARILY. I MEAN THE KIDS ARE SEVEN AND EIGHT, SO THEY'RE VERY YOUNG. AND WHAT THE ADULTS WERE TRYING TO DO IS IF EVERYBODY IS IN THE COMMON AREA, THEY WANTED A, A SLIDING KIND OF POCKET DOOR. MM-HMM . THAT IF EVERYBODY'S IN THERE PLAYING POOL, PING PONG, WHATEVER THEY'RE DOING, THAT THEY CAN AT LEAST BE IN THE COMMON AREA. UM, KIDS PLAY HOCKEY. THEY WANT TO HAVE OBVIOUSLY LIKE BIRTHDAY PARTIES, HOCKEY PARTIES. THEY DON'T WANT 30 KIDS INSIDE THEIR HOUSE. SO THEY'RE TRYING TO BUILD, UH, AN OUTDOOR SPACE TO WHERE THAT, THAT WOULD BE NOW IF WE NEED TO, TO REALISTICALLY LAY OUT LIKE JUST THE TOILET IN THE SINK, TOTALLY FINE. THIS IS MY FIRST TIME IN FRONT OF Y'ALL, SO I DON'T KNOW WHAT WE NEED AS FAR AS ENGINEER DRAWINGS AND PLUMBING LAYOUTS BEFORE APPROVAL. UM, BUT WE CAN PROVIDE THAT AGAIN. UM, I THANK YOU. IT, IT'S JUST WE SEE THAT, YOU KNOW, OH CERTAINLY WE DO THIS EVERY MONTH. CERTAINLY. UM, THE MORE DETAIL IN THE FUTURE, JUST THE MORE DETAIL AND THE BETTER. 'CAUSE THEN IT DOESN'T LEAVE ANY ROOM FOR CERTAINLY, YOU KNOW, INTERPRETATION. YEAH, YEAH. UM, ON MY CERTAINLY, YOU KNOW, SO, BUT THAT WAS THE ONLY THING THAT KIND OF CAUGHT MY EYE THAT SEEMED A LITTLE OFF. UM, YOU KNOW, UM, SO IS THERE A SHOWER IN THE BATHROOM? NO, THERE. NO. TOILET AND SINK. TOILET AND SINK. COCO. YES SIR. OKAY. SO BEFORE THIS I HAVE A QUESTION FOR YOU. BEFORE YOU ISSUE THE PERMIT, WILL YOU SEE AN, AN UPDATED RENDERING WITH THE DOOR FOR THAT ROOM? YEAH, THEY'LL, UM, I THINK WE'LL REC I MEAN THAT'S KIND OF A BUILDING CODE QUESTION, BUT I BELIEVE THAT THEY, UM, WILL NEED THAT. 'CAUSE THEY'LL ALSO NEED TO APPLY FOR A PLUMBING PERMIT. OKAY. AND SHOW THAT. I WAS JUST CURIOUS BECAUSE IT'LL BE ON THE FRAMING DETAILS FOR ENGINEER DRAWINGS AS WELL. YEAH. OKAY. IT'LL BE IN THE CONSTRUCTION DRAWINGS IF WE REALLY ONLY APPROVE LOCATION BUILDING, EXTERIOR BUILDING MATERIAL AND EXTERIOR COLOR. RIGHT. YEAH. AND YOU INTERIOR DETAILS REALLY THE INTERIOR, [01:45:01] BUT LIKE OBVIOUSLY THEY'RE, THEY WOULDN'T BE ALLOWED TO HAVE A DWELLING 'CAUSE I DON'T HAVE THREE ACRES. RIGHT. SO YOU ARE KIND OF APPRO APPROVING SOME OF THE INTERIOR OKAY. OF IT. AND I KNOW IN THE PAST YOU GUYS HAVE, UM, NOT WANTED RIGHT, UH, LAUNDRY HOOKUPS. SO, WELL THE QUESTION CAME UP. I JUST WANTED TO ASK. YEP. ALRIGHT. THANK YOU. THANK YOU SIR. ANYONE HERE WISHING TO SPEAK REGARDING THIS, UH, REQUEST? ANY QUESTIONS FROM THE BOARD MEMBERS? HEARING NONE. IS THERE A MOTION TO APPROVE? MOTION TO APPROVE. SECOND AND A SECOND. SECOND. IS THERE ANY, ARE THERE ANY QUESTIONS? ALL IN FAVOR? ALL IN FAVOR OF APPROVAL? SAY AYE. AYE. AYE. ALL OPPOSED? ALRIGHT. THANK YOU. THANK YOU. ALLISON, YOU HAVE ANYTHING FOR US? UH, WE WILL HAVE A MEETING NEXT MONTH. OKAY. ALRIGHT. VERY GOOD. ON JUNE. UM, 15TH I BELIEVE. VERY GOOD. OKAY. IS THERE ANY OTHER MOTION TO ADUR? MOTION TO ADJOURN. SECOND. NO, SECOND. SECOND. THANK YOU. SECOND. OH, I THOUGHT YOU WERE SAYING SECOND. THAT'S WHAT I THOUGHT. ALL IN FAVOR OF AUR A AYE. AYE. THANK YOU. JUST WANNA GET ON THE RECORD. JUST WANNA GET ON THE RECORD THAT WE SET A NEW RECORD WE DID FOR THE LAST FOUR YEARS. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.