[CALL TO ORDER]
[00:00:08]
ALL RIGHT. I SEE 8:30. I WILL GO AHEAD AND CALL THIS MEETING TO ORDER. THE BOARD OF ADJUSTMENTS HAS FIVE MEMBERS.
FOUR OF WHICH MUST BE PRESENT. THE APPLICANT HAS 180 DAYS TO OBTAIN A BUILDING PERMIT IF ONE IS REQUIRED. A LONGER PERIOD OF TIME IS CONSIDERED IF THE BOARD -- BY THE BOARD IF REQUESTED BY THE APPLICANT AT THE MEETING. THE PERMIT MAY BE APPLIED FOR THE DAY THE REQUEST IS APPROVED AFTER THE MEETING IS ADJOURNED.
IF DENIED, IT MAY BE RECONSIDERED BY THE BOARD UNTIL 12 MONTHS FROM THIS DATE. APPEALS FROM THE DECISION MAY BE MADE TO A COURT OF RECORD . IN THIS CASE, THE DISTRICT COURTS WITHIN 10 DAYS OF THE STATES. WE NEED TO SWEAR AND ANYBODY WHO IS GOING TO COME FORWARD AND PRESENT A CASE TODAY. IF YOU PLAN TO COME TO SPEAK , ON BEHALF OF ANY CASE, PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? THANK YOU. EACH SPEAKER WILL BE LIMITED TO THE PRESENTATION NO MORE THAN THREE MINUTES. AND ANY ADDITIONAL TIME MAY BE GRANTED AT THE DISCRETION OF THE CHAIR. ALL RIGHT. WE WILL CALL THIS
[MINUTES]
MEETING TO ORDER. WE WILL NEED APPROVAL OF THE MINUTES. FROMOUR PREVIOUS MEETING. >> I MAKE A MOTION TO APPROVE THE MINUTES FROM THE LAST MEETING AS WRITTEN.
>> I SECOND. I SECOND. >> OKAY. I MAKE A MOTION TO
>> THE MOTION CARRIES. >> ALL RIGHT, PERFECT. THE CASE
[2. BA-2024-10: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a Variance to Allow a 2.5-Foot Side Setback (3.0 Feet Required) for an Attached Carport Located at 2009 South 19th Street. (Adam Holland)]
WE ARE GOING TO CONSIDER TODAY. IT IS CASE BE A 2024-10. LEGAL DESCRIPTION LOCATED 2009 S. 19TH ST. ADAM.>> GOOD MORNING, ADAM HOLLAND, PLANNER FOR THE CITY OF EDMONTON. I'LL BE PRESENTING CASE BA-2024-10. A CASE TO ALLOW A 2 1/2 FOOT CASE SETBACK WHERE 3 FOOT IS REQUIRED FOR AND ATTACHED CARPORTS. HERE IS A LOCATION MAP. SHOWING THE PROPERTY. IT IS LOCATED AT 2009 S. 19TH ST. HERE IS THE CURRENT ZONING MAP OF THE EXISTING PROPERTY. IT IS ZONED WITH THE RS SIX ZONING TO THE EAST OF THE PROPERTY. HERE ARE VIEWS OF THE SUBJECT PROPERTY. THE CARPORT HAS BEEN CONSTRUCTED ALREADY. AND THE CARPORT WAS BILLED WITH THE NONCONFORMING SETBACK. ACROSS THE STREET, YOU HAVE A COMMUNITY GARDEN AS WELL AS ADDITIONAL SINGLE-FAMILY RESIDENTIAL HOME. WITH THE CURRENT USE OF THE PROPERTY BEING SINGLE USE RESIDENTIAL HOME AS WELL. WE SENT OUT NOTIFICATIONS AND RECEIVED ONE IN FAVOR AND ONE ADDITIONAL IN FAVOR FOR THE PROPERTY TO THE WEST OF THE SUBJECT PROPERTY. THAT IS THE SIDE THAT BORDERS THE CARPORTS. THE PROPERTY HAS BEEN REVIEWED. PURSUANT TO SECTION 1442D OF THE LAND DEVELOPMENT CODE. THERE WAS NO APPARENT HARDSHIP TO PREVENT THE CONSTRUCTION IN ACCORDANCE TO THE SETBACK REQUIREMENT OF THE LDC. GRANTING THE REQUEST WILL NOT BE CONTRARY TO PUBLIC INTEREST BECAUSE IT IS LOCATED ON PRIVATE PROPERTY AND IS NOT OF HERE TO ADVERSELY AFFECT THE ADJOINING PROPERTY. IT IS NOT CONSISTENT WITH THE LAND DEVELOPMENT CODE, REQUIRING ADDITIONAL SETBACK FOR ATTACHED CARPORTS. THE NEED FOR THE VARIANCE WAS CREATED BY THE APPLICANT. STAFF HAS RECOMMENDATION THAT IF THE BOARD DETERMINES A REQUEST SATISFIES THE VARIANCE CRITERIA, THE FOLLOWING CONDITIONS SHOULD BE REQUIRED.
DURABLE DUSK LISK SURFACE REQUIRED BY THE LDC SHALL BE REQUIRED BY THE CARPORT WITHIN 90 DAYS OF ACQUIRING. I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE FOR ME.
>> ANYTIME YOU DO AND ATTACHED CARPORTS, YOU ALWAYS NEED A
[00:05:05]
>> OKAY. >> WILL IT REPLACE AN EXISTING
CARPORT ALREADY THERE? >> STAFF COULD NOT FIND AN EXISTING CARPORT ON THE PROPERTY THAT WE SAW.
>> ANY OTHER QUESTIONS? >> THANK YOU, ADAM. WILLIE PROPONENT PLEASE COME FORWARD TO THE MICROPHONE, STATE THEIR NAME AND WHY THEY ARE REQUESTING THE SPECIAL EXCEPTION FOR THE VARIANCE, PLEASE?
>> MY NAME IS TIFFANY. THIS IS MY GRANDMOTHER'S HOUSE AND I'M SPEAKING ON BEHALF OF HER. MY BROTHER WAS IN THERE. THERE WAS AN EXISTING CARPORT AT ONE POINT THAT GOT DAMAGED BY A TREE BRANCH. THEY WENT BACK IN. IT STAYED VACANT FOR A LITTLE BIT AND WENT BACK IN TO PUT AN EXISTING ONE. THEY DIDN'T REALIZE IT WASN'T GRANDFATHERED IN AT THE TIME.
WHEN THEY PUT THE NEW ONE UP. >> DO YOU HAVE ANY QUESTIONS?
>> DO YOU HAVE A PICTURE OF THE OLD CARPORTS WITH THE LIMB
THROUGH IT? >> I HAVE A PICTURE OF THE SURVEY WE DID ON THE PROPERTY. I HAVE THE OLD AND THE NEW. THE OLD IS REALLY OLD BECAUSE IT'S BEEN UP SINCE THE 80S. I HAVE THESE PICTURES OF THE OLD ONES AND THESE ARE THE NEW ONES. I DON'T KNOW. PLEASE DON'T LAUGH THE PICTURES. THANK YOU. I ALSO HAVE ONE WITHOUT THE CAR. I DON'T KNOW IF IT'S BETTER FOR
YOU TO SEE? I'M CURIOUS. >> WHO INSTALLED THE CARPORT? DID YOU HIRE SOMEBODY TO DO WITH OR DID YOU DO IT WITHIN
THE FAMILY? >> THEY HIRED SOMEONE TO DO IT.
>> DO YOU KNOW WHEN THE OLD CARPORT CAME DOWN?
>> I DON'T LIVE HERE SO I DON'T KNOW. IT CAME DOWN A COUPLE OF YEARS AGO, PROBABLY? BUT IT'S BEEN UP FOR 30 YEARS PRIOR TO THAT . THEY REBUILT THE HOUSE. THEY'VE DONE A LOT OF REMODELING ON THE HOUSE IN THE FRONT. THEY WANTED A
CARPORT FOR PROTECTION. >> DO WE HAVE ANY OTHER
QUESTIONS? >> THANK YOU, MA'AM. SIX --.
IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK IN FAVOR OF THIS CASE? OKAY. SEEING NONE, WELL, IS THERE ANYBODY WHO WANTS TO SPEAK IN OPPOSITION WITH THIS CASE? SEEING NONE, WE WILL CLOSE THE PUBLIC HEARING. THE PUBLIC HEARING DISCUSSION.
>> THE NEW CARPORT IS NOT THE SAME SIZE AS THE OLD ONE.
>> WRITES. GRANDFATHERED IN TYPE OF THING, YOU FIGURED AND MAYBE IT'LL BE IN THE SAME SIZE? SO WE WOULDN'T HAVE THIS 3 FOOT VERSUS TWO AND HALF FOOT CONCERN. THAT IS WHAT YOU'RE
THINKING RIGHT NOW. >> DO WE KNOW IF THE FOUNDATION
>> YOU'RE THE CARPORT EXPERT. YOU HAVE ANYTHING TO SUGGEST?
>> YES. I ALWAYS SUGGEST TELLING THE CITY AND GETTING A PERMIT. ON ANYTHING THAT IS ATTACHED TO YOUR HOME. YOU
[00:10:05]
KNOW? IT'S ALWAYS BEST TO CHECK FIRST. I LOOKED AT GOOGLE IMAGERY AND TRIED TO LOOK AT IT FROM A LOT OF DIFFERENT ANGLES.AND I DID NOT SEE A CARPORT. I DON'T KNOW WHEN GOOGLE TAKES THOSE PHOTOS. I DID NOT SEE A CARPORT THAT WAS UP. I'M NOT SURE HOW LONG THE TIMELINE OF WHEN THE OLD ONE WAS REMOVED AND ANYONE WAS PUT UP. BECAUSE THE ONLY PICTURES AND IMAGERY THAT I SAW DID NOT HAVE A CARPORT. OBVIOUSLY THERE WAS ONE AND I'M SEEING THE PHOTO NOW. BUT I'M NOT SURE WHAT THE TIMELINE LOOKS LIKE. YOU KNOW? LOOKING AT THE IMAGERY , OBVIOUSLY. IT IS WELL DONE AND COVERS YOUR VEHICLE. I DON'T THINK THAT IT IS OBVIOUSLY AN IMPROVEMENT FROM THE PREVIOUS ONE. YOU KNOW? BUT WE DO HAVE RULES AND CODES THAT WE NEED TO FOLLOW. AT THIS POINT, I'M A LITTLE BIT IN BETWEEN ON THAT.
WE NEED TO DECIDE WHICH DIRECTION WE WANT TO GO.
>> I ASKED IF THEY HIRED SOMEBODY TO DO IT. I FIGURED THE PERSON MIGHT KNOW TO NEED TO CONTACT THE CITY AND WAS LOOKING TO ANY RESTRICTIONS OR WHATNOT LIKE THAT.
>> I'M SORRY, I WAS READING SOMETHING.
>> THEY DID END UP HIRING SOMEBODY TO DO THE WORK.
>> THEY SHOULD'VE KNOWN OBVIOUSLY .
>> I THINK I HAVE A QUESTION FOR ADAM. SO, MY QUESTION I GUESS BEFORE WE ASK YOU. IF THEY COULD MOVE THE COLUMNS , THE 6 INCHES SO THEY ARE WITHIN THE 3 FOOT REQUIREMENTS. WHAT THEY STILL NEED TO COME BACK AND ASK FOR APARTMENTS. HOW WOULD THAT AFFECT , ARE YOU GETTING WHERE I AM GETTING WITH
THAT. >> YES. THEY WOULD STILL NEED A PERMIT. AND THIS WAS STARTED BECAUSE THERE WAS NO PERMIT ISSUED FOR ITS. SO IN THE PROCESS OF GETTING A PERMIT FOR ITS, WE FOUND OUT IT WAS LESS THEN THE MINIMUM REQUIRED
SETBACK. >> OKAY. IF THEY WERE ABLE TO FIX THE SETBACK, DO YOU CONTINUE THE PERMIT PROCESS AND EVEN THOUGH IT'S BUILT? THERE DOESN'T SEEM TO BE ANYTHING ELSE THAT YOU FOUND THAT A PREVENT THIS?
>> ASIDE THE REQUIREMENT OF AN APPROVED SURFACE?
>> THE CURRENT DRIVEWAY WOULD NOT WARRANT THAT.
>>. >> BE MY QUESTION. THE CURRENT DRIVEWAY IS NOT BE APPROVED SURFACE AS IT IS. THE CARPOOL WILL HAVE TO BE ON AN APPROVED SURFACE CHANGING WITH THE NEIGHBORHOOD HAS BECAUSE I LOOKED AT SEVERAL HOUSES OF THAT NEIGHBORHOOD. A BUNCH OF THEM HAVE GRAVEL DRIVEWAYS.
>> OUR STANDARDS ARE THAT IT IS TYPICAL WHENEVER YOU BUILD A CARPORT THAT IT'LL HAVE TO GO OVER A DISKLESS SERVICE LIKE CONCRETE OR ASPHALT. WITH A CARPORT ITSELF.
>> ANY OTHER QUESTIONS FOR ADAM?
>> IN THE PROCESS, WERE YOU ABLE TO DETERMINE WHETHER THE
FOOTING WAS SUFFICIENT? >> DATA BEYOND BUILDING EXPECTIONS TO TAKE A LOOK AT THAT. I'M NOT ENTIRELY SURE.
>> IT DIDN'T GET TO THAT POINT?
>> IN THE SITUATION, THEY WOULD HAVE TO START OVER BUT THEN THEY WOULD HAVE TO F■ORCE LAB. IN RECESS THE LIKES OF THE CARPORTS. WITHIN THAT REQUIREMENT.
[00:15:04]
>> YES. OR ASPHALT. >> PAPERS COULD WORK TOO?
>> YEAH. >> I DON'T THINK THEY ARE SPECIFIC AS FAR AS THE TYPE OF SERVICE THEY HAVE TO PUT DOWN.
OTHER THAN LOW DUST. WHICH IS WHAT LOOKS TO BE AT THE MOMENT.
>> DO YOU THINK THEY COULD JUST CUT OFF THE 6 INCHES OR SO ? SORRY. AND BRING THE COLLINS IN AS WELL AS THE FOOTING? DO YOU THINK IT COULD REALLY BRING THE WHOLE THING DOWN?
>> WHAT WAS THAT? >> FROM THE CONSTRUCTION SIDE, I THINK IT WOULD BE POSSIBLE . ADAM, HE PROBABLY HAVE TO ANSWER THIS. DOES THE OVERHANG HAVE TO BE IN COMPLIANCE AS
WELL? >> WE TAKE OUR MEASUREMENTS FROM THE LEADING EDGE OF THE CAR PORT. IT'LL BE FURTHER FOR
THIS POINT. >> FOR THE POINT OF THE CARPORT? IF IT IS OVERHANG, IT'S OVERHANG?
>> THE OVERHANG IS WHERE WE MEASURE THE TWO AND HALF FEET
>> ADAM, IF THEY HAD BLOCKS SITTING THERE, I KNOW I HAVE SEEN INSTANCES IN TOWN WHERE THE CITY ALLOWED BLOCKS TO BE UNDER A VEHICLE IF IT WAS PARKED OR DO THEY HAVE TO POUR
CONCRETE OR ASPHALT? >> ARE YOU TALKING ABOUT THE
>> THAT COULD POTENTIALLY WORK PROVIDED THAT IT IS DUSTLESS.
>> THAT'LL BE MORE COST-EFFECTIVE IN MY OPINION.
SO THANK YOU. ADAM, WE WILL WAIT UNTIL YOU SIT DOWN TO ASK
YOU ANOTHER ONE. >> SORRY, ADAM.
>> ALL RIGHT. ANY MORE DISCUSSIONS?
>> DOES ANYBODY HAVE A MOTION?
>> WILL SEE. I WOULD LIKE TO MAKE A MOTION TO DENY THE VARIANCE FOR THE TWO AND HALF FOOT SETBACK VERSUS THE 3 FOOT.
BASED ON THE FINDINGS OF THE STAFF REPORT. BASED ON ALL THE
STAFF FINDINGS, I SECOND. >> DO WE HAVE A MOTION TO --
I'M SORRY? >> MAN, CAN YOU COME TO THE
MICROPHONE PLEASE? >> I'M GOING TO REOPEN THE
PUBLIC HEARING FOR YOU, MA'AM. >> WE SPENT A LOT OF MONEY BRING THIS UP AND I GET THE ORDINANCE IN ALL OF THAT. THEY SPENT A LOT OF MONEY PUTTING IT UP AND WE MEASURE THIS YESTERDAY. AND IT IS LITERALLY LIKE A HAND. I MEAN, IT IS A DIFFERENCE. I PUT MY HAND UP THERE, I KNOW IT IS A HAND TO FRIENDS. AND I FELT LIKE IF WE HAVE TO TAKE IT DOWN, IT'LL BE $6000 FOR US TO PUT IT UP. WE WOULD BE LOSING 6000. IF YOU REQUIRE A PAYMENT, IT'LL BE ANOTHER, I DON'T KNOW, $32,000 TO POUR A DRIVEWAY THAT HAS NEVER BEEN CEMENT. YOU KNOW? THE HOUSE IS VALUED AT THAT MUCH. IT IS A COMMUNITY EMPOWERMENT. AREA. YOU KNOW? IT IS A POOR AREA. I THINK IT IS A LOT OF MONEY THAT WE WILL BE OUT. AND HAVE TO BE PUT BACK IN. I GET THE ORDINANCE AND STUFF, BUT IT IS 6 INCHES AT
[00:20:01]
THE MOST. AND IT ACTUALLY MAKES THE NEIGHBORHOOD LOOK BETTER.TO HAVE THE CARPORT. WHEN WE TAKE IT DOWN, MAKE THE HOUSE LOOK EMPTY. THAT WAY. I GET WHAT YOU'RE SAYING. ABOUT THE SETBACK AND BEING ON A HARD PAY SURFACE. TO BE MORE COSTLY IF WE HAVE TO DO THE REPAIRS PLUS LOSE THE $6000 ALREADY PUT DOWN. AND IT IS MY BROTHER THAT LIVES IN THAT HOUSE. HE IS LOW INCOME AND DOESN'T HAVE THE MONEY TO DO ALL OF THESE
REPAIRS TO BEGIN WITH. >> YES MA'AM. AND WE UNDERSTAND THAT TOO. WE ARE HUMAN BEINGS APPEAR AS WELL. WE HAVE RULES AND GUIDELINES WE MUST ADHERE TO AS WELL. I THINK EVERYTHING GOES BACK TO ANYTIME HE WILL MAKE AN IMPROVEMENT WITH YOUR HOME, CHECK WITH THE CITY FIRST. UNFORTUNATELY, WE CANNOT MAKE ANY DECISIONS BASED OFF OF FINANCES. WE HAVE TO LOOK AT THE LEGALITY OF IT. AND THE RULES THAT ARE IN PLACE. TO PROTECT NEIGHBORS AND PROTECT COMMUNITIES AND THAT SORT OF THING. DO I DISAGREE IN SOME ASPECTS WITH YOU? ABSOLUTELY NOT. DOES IT IMPROVE THE HOME, ABSOLUTELY, YES MA'AM. I AM IN CONSTRUCTION MYSELF AND I DO THINK WHAT YOU WILL FIND IS THERE ARE PROBABLY SIMPLE SOLUTIONS TO GETTING IT WITHIN THE CODE. AND I WOULD LOOK FOR A REPUTABLE METALWORKING COMPANY OR PERSON THAT UNDERSTANDS HOW TO WORK WITH METAL. AND HOW TO WORK WITH THE CITY ALONG WITH THAT. IF IT PASSES IN THAT DIRECTION, THAT IS WHAT I WOULD SUGGEST DOING.
THERE ARE PEOPLE OUT THERE THAT CAN PROBABLY MAKE THIS ADJUSTMENT THAT IS NOT EXTREMELY COSTLY.
>> THAT'S THEIR BIGGEST CONCERN RIGHT NOW IS FINANCES.
I DON'T WORRY ABOUT THAT. MY BROTHER DOESN'T HAVE THE MEANS TO DO THAT OF COURSE. AND IT LOOKS GREAT. AND OUR NEIGHBOR IS HERE AND HAS NO PROBLEM WITH IT. I HAVE BOTH REDONE THEIR FENCES TO MAKE IT LOOK GOOD AND ARE TRYING TO IMPROVE THE NEIGHBORHOOD SO WE ARE TRYING TO NOT BE OUT AND HAVE TO TEAR DOWN AND NOT HAVE TO ADD ANOTHER TO $3000 ANOTHER TO $3000-$10,000 CARPORT BASICALLY.
>> YES MA'AM. I TRY TO SEE IF WE CAN GET THE BEST OUTCOME FOR
MY FAMILY. >> THANK YOU. AND WE WILL NOW
CLOSE THE PUBLIC HEARING. >> WE HAVE A MOTION ON THE TABLE. WE HAVE A MOTION TO DENY THE REQUEST BASED ON THE STEPS FINDINGS AND OUR DISCUSSION. HERE TODAY. AND WE HAVE A
>> I UNDERSTAND WHAT YOU JUST SAID WITH THE MICROPHONE AND I CAN SYMPATHIZE BECAUSE IF I WERE IN YOUR SITUATION. AGAIN.
THE RULES WERE PUT IN PLACE IF WE ALLOW ONE PERSON TO VIOLATE THOSE RULES IF IT OPENED UP THE CITY AND ALL KINDS OF FUTURE CASES WERE SIMILAR TO THAT AND I HAVE TO AGREE WITH THE OTHERS
TO DENY THE REQUEST. >> MR. HARTFORD?
>> I AGREED TO DENY THE REQUEST.
>> I AGREE TO DENY. >> I AGREE TO DENY.
>> I AGREE TO DENY. >> IN THE MOTION CARRIES.
>> THERE IS NO OTHER BUSINESS LISTED ON OUR AGENDA THAT I CAN
>> ALL RIGHT.
* This transcript was compiled from uncorrected Closed Captioning.