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[00:00:01]

CLOCK SHOWS 830 ON THIS BEAUTIFUL TUESDAY, APRIL 14TH, MORNING.

[ CALL TO ORDER]

WE'RE GOING TO GO AHEAD AND CALL THIS MEETING TO ORDER.

THE BOARD OF ADJUSTMENTS HAS FIVE MEMBERS, FOUR OF WHICH MUST BE PRESENT AT EACH MEETING FOR FAVORABLE VOTES ARE REQUIRED TO APPROVE ANY REQUEST UNDER CONSIDERATION.

IF A SPECIAL EXCEPTION OR VARIANCE IS GRANTED BY THIS BOARD, THE APPLICANT HAS 180 DAYS FROM THIS DATE TO OBTAIN A BUILDING PERMIT.

IF ONE IS REQUIRED, A LONGER PERIOD OF TIME WILL BE CONSIDERED BY THIS BOARD IF REQUESTED BY THE APPLICANT AT THE HEARING.

A BUILDING PERMIT MAY BE APPLIED FOR THE DAY.

THE REQUEST IS APPROVED AFTER THE MEETING HAS BEEN ADJOURNED.

IF THE REQUEST IS DENIED, IT MAY NOT BE CONSIDERED BY THIS BOARD UNTIL 12 MONTHS FROM THIS DATE.

APPEALS FROM THE DECISION OF THIS BOARD MAY BE MADE TO A COURT OF RECORD WITHIN TEN DAYS FROM THIS DATE.

IF THERE IS ANYONE THAT WILL BE SPEAKING UP, I GET YOU TO STAND AND RAISE YOUR RIGHT HAND FOR US.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? THANK YOU. YOU MAY BE SEATED. OKAY, SO BEFORE US THIS MORNING, WE ARE TO CONSIDER.

OH. I'M SORRY. LET'S APPROVE THE MINUTES FROM LAST MEETING.

[ MINUTES]

SO APPROVAL OF THE MINUTES FROM THE MEETING ENTERTAIN ANY COMMENTS FROM THE BOARD MEMBERS OR THE PUBLIC? AND THEN WE'LL NEED A MOTION A SECOND. MAKE A MOTION TO APPROVE THE MINUTES AS STATED.

I'LL SECOND. OKAY. WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR, SAY AYE. MOTION PASSES. MINUTES ARE APPROVED.

OKAY, MOVING ON TO THE AGENDA. WE ARE GOING TO CONSIDER B A.

[2. BA-2026-03: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a Request for a Variance to Allow a Maximum of 55% Lot Coverage Where a Maximum of 40% is Allowed. The property is located at 1439 Woodland Trail. (Adam Holland)]

202603. ADAM, YOU ARE UP. GOOD MORNING. MY NAME IS ADAM HOLLAND. I'M A PLANNER FOR THE CITY OF ABILENE. THIS CASE B A 2026 OH THREE, OWNED BY ANNA AND ROBERT FLOYD, REPRESENTED BY WEATHERALL AND ASSOCIATES. THIS IS A VARIANCE TO ALLOW THE FOLLOWING A MAXIMUM OF 55% LOT COVERAGE WHERE A MAXIMUM OF 40% IS ALLOWED.

THAT WOULD BE IN AN RS 12 DISTRICT. THIS IS LOCATED AT 1439 WOODLAND TRAIL.

HERE'S AN AERIAL LOCATION MAP SHOWING THE AREA OF THE PROPERTY.

HERE'S A CURRENT ZONING MAP OF THE PROPERTY SHOWING RS 12 FOR ALL ADJACENT PROPERTIES.

NORTH, SOUTH, EAST AND WEST OF THE SUBJECT PROPERTY.

HERE'S A CONCEPTUAL PLAN SHOWING THE PROPOSED DWELLING.

THE EXISTING HOME WAS DEMOLISHED FAIRLY RECENTLY AND IS PROPOSED TO BE REBUILT AS A NEW SINGLE FAMILY HOME.

HERE'S ANOTHER EXHIBIT THAT WAS PROVIDED BY THE THE APPLICANT.

HERE ARE SOME VIEWS OF THE SUBJECT PROPERTY. ADJACENT PROPERTIES ARE SINGLE FAMILY RESIDENCES, SOME OF WHICH DO EXCEED THAT 40% MAXIMUM AS WELL.

AND THE EXISTING SUBJECT PROPERTY IS VACANT AS THE STRUCTURE WAS PREVIOUSLY DEMOLISHED.

STAFF RECEIVED SEVERAL NOTIFICATIONS IN FAVOR NOTABLY TO THE, TO THE EAST AND TO THE SOUTH OF THE, THE SUBJECT PROPERTY AND ONE IN OPPOSITION TO THE, TO THE SOUTHWEST OF THE SUBJECT PROPERTY.

STAFF HAS FOUND THAT THERE ARE NO APPARENT CONDITIONS WITH THE LAND THAT CREATE AN UNDUE HARDSHIP. GRANTING THE VARIANCE WOULD NOT BE CONTRARY OR INJURIOUS TO THE PUBLIC OR NEIGHBORING PROPERTIES. THE REQUEST IS CONSISTENT WITH THE INTENT OF THE LAND DEVELOPMENT CODE, AND THERE ARE NO APPARENT HARDSHIPS SUFFERED BY THE PETITIONER.

I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE FOR ME.

THE PERSON THAT PUT IN THE THE VOTE OR I GUESS THE, THE PERSON THAT WAS GOING AGAINST IT.

DID THEY SAY WHY? NO, THERE WERE NO COMMENTS.

IT WAS JUST A GENERAL OPPOSITION. OKAY. ADAM, CAN YOU GO BACK TO THE THE CONCEPT PLAN? THE YES. THAT ONE. OKAY.

WE'RE NOT GOING TO BE ENCROACHING ON ANY EASEMENTS.

IT'S IT IS MERELY JUST THE MASS OF THE STRUCTURE ON THE PROPERTY.

[00:05:08]

IT'S IT'S. YEAH. IT'S GOING TO BE. 15% OVER.

DOES THAT INCLUDE EVERYTHING THAT'S ON THIS PLAN? I MEAN, WE'VE GOT, YOU KNOW, SO WE'RE TALKING ABOUT COVERED PATIO AND ALL THE DRIVES AS WELL.

DRIVEWAYS. OKAY. ADAM, MY QUESTION IS ON THIS BEING A ZERO LOT LINE HOUSE NOW OR WHAT THEY'RE PROPOSING. THE COVERED SQUARE FOOTAGE, IS THAT COVERED OR IS THAT INCLUDE DRIVEWAYS AND ALL THAT TOO IS TO GET THE 55%. SO LOT COVERAGE IS DEFINED IN THE LAND DEVELOPMENT CODE AS ANYTHING THAT IS NOT IN THAT, THAT IS AN IMPERVIOUS SURFACE, EXCLUDING SWIMMING POOLS FOR RUNOFF AND SO FORTH.

THAT'S CORRECT. THAT WAS WHAT I UNDERSTOOD, BUT I WAS JUST MAKING SURE.

AND JUST TO GO BACK AND BE CLEAR, WE DON'T HAVE ANY ISSUES WITH SETBACKS, FRONT SETBACKS, SIDE SETBACKS, EVERYTHING ELSE IS IN CONFORMANCE IS JUST OKAY.

OKAY. DO Y'ALL HAVE ANY OTHER QUESTIONS FOR ADAM? OKAY.

THANK YOU SIR. OKAY.

WILL THE PROPONENT PLEASE COME FORWARD TO THE MICROPHONE, STATE THEIR NAME AND WHY THEY ARE REQUESTING THE SPECIAL EXCEPTION OR VARIANCE? I BROUGHT A FEW NOTES I WANT TO READ TO YOU.

I'M RICK WETHERILL. I'M AN ARCHITECT HERE IN TOWN.

AND I WANT TO THANK YOU ALL FOR GETTING UP THIS MORNING.

I'VE BEEN OUT HERE AND I'VE BEEN UP THERE MAYBE A HUNDRED YEARS AGO, AND I DON'T REMEMBER MAKING ANY FRIENDS WHEN I SET UP THERE.

PLANNING AND ZONING ALL THE WAY THROUGH. SO THANK YOU FOR BEING HERE, I APPRECIATE IT.

NUMBER ONE, IT'S NOT A ZERO LOT LINE. IT'S A WE MEET ALL THE SETBACKS, SETBACKS BACK UP.

THERE'S SOME INTERESTING SETBACK RULES IN THAT IF YOU HAVE A DETACHED GARAGE, YOU CAN GO ALL THE WAY UP TO WHAT, A FOOT, A FOOT OF THE PROPERTY LINE, SOMETHING LIKE THAT.

SO WE'RE NOT WE'RE NOT TAKING ADVANTAGE OF THAT, BUT WE ARE USING THE PROPERTY.

I JUST WANT TO. THIS YOUNG COUPLE MOVES TO TOWN.

HE MANAGES A RANCH FAMILY RANCH OUT EAST OF TOWN, HAS A LOVELY WIFE, TWO KIDS.

THEY'RE FROM MIDLAND. PEOPLE MOVE HERE FROM MIDLAND ALL THE TIME BECAUSE WE HAVE TREES.

HE BUYS A HOUSE, THEY BUY A HOUSE OUT ON BUFFALO GAP ROAD AND WHAT I CALL THE WHITE NEIGHBORHOOD, THE WHITE HOUSES OUT THERE. AND THEN OVER A YEAR'S TIME, THEY LOOK AROUND AND THEY SAY, WOW, THIS IS A NEIGHBORHOOD WE'D LIKE TO LIVE IN. THEY BUY A HOUSE AND I KNOW THE HOUSE AND IT NEEDED TO COME DOWN, BUY A PIECE OF PROPERTY. AND IT'S A NICE SIZED PIECE OF PROPERTY, BUT IT'S NOT THE BIGGEST IN THE NEIGHBORHOOD AND IT'S NOT ON THE CREEK, WHICH MEANS YOUR PROPERTY LINE GOES OUT TO THE CENTER OF THE CREEK.

THEY BUY IT, THEY GET A CONTRACTOR, THEY TAKE THE HOUSE DOWN, THEY CALL AN ARCHITECT.

AND I HAVE THE JOY OF SAYING, YOU KNOW, THERE'S SOME RULES IN PLACE THAT WE MIGHT NEED TO WRESTLE WITH.

AND THIS COVERAGE KIND OF CAUGHT HIM BY SURPRISE.

I'VE GOT. AERIALS. AND YOU MIGHT CAN SEE IT IN THAT GOOGLE MAP, BUT VIRTUALLY EVERY PROPERTY. YOU KNOW, I'M OKAY. I'D SAY IN OUR INVESTIGATION, JUST THUMBNAIL LOOK, EVERY PROPERTY IN THAT NEIGHBORHOOD IS OVER THE WELL OVER THE 40%.

OUR NEXT DOOR NEIGHBOR IS OVER. THE EXISTING HOUSE WE TOOK DOWN WAS WE CALCULATED AT 55%.

AND THE WE'RE AT WE'RE IN THE DIAGRAM. WE'RE AT 50%, BUT WE JUST WENT AHEAD SINCE WE'RE KIND OF EARLY IN THE DESIGN AND SAID, LET'S GET A LITTLE BREATHING ROOM. BUT FOR A YOUNG FAMILY TO DRIVE THROUGH A NEIGHBORHOOD AND SAY, WOW, WE LIKE THIS. AND EVERYBODY'S USING THEIR PROPERTY AND PUTTING IN TENNIS COURTS AND CURVE DRIVEWAYS AND PATIOS. IT'S JUST LOGICAL THAT THEY WOULD ASSUME THEY COULD DO THAT.

IS MY TIME UP. OKAY. I DON'T THINK I WANT Y'ALL DON'T WANT TO BE BORED WITH LARGER IMAGES OF THESE,

[00:10:08]

BUT IF YOU HAVE ANY QUESTIONS. LET ME HAVE THEM.

OKAY. THANK YOU SIR. DO YOU HAVE ANY QUESTIONS FOR THE PROPONENTS? ADAM, HAVE I COVERED MOST OF THE BASES? I WANT TO THANK ADAM FOR WALKING ME THROUGH THIS.

EVERYBODY GOOD? YEP. ALL RIGHT. THANK YOU, SIR.

THAT'S IT. THANK YOU. RICK. OKAY. THANK YOU. AT THIS POINT, WE WILL OPEN THE PUBLIC HEARING.

IF THERE IS ANYONE THAT WANTS TO SPEAK IN FAVOR OR OPPOSITION.

NOW IS YOUR TIME. YES, SIR. IF YOU WOULD COME BACK TO THE MIC, PLEASE.

I DON'T DO MANY HOUSES IN TOWN, SO I'M. I'M PRETTY GREEN ON THIS, BUT PROBABLY A DOZEN OVER MY CAREER IN TOWN.

I LIKE TO DO THEM OUT ON RANCHES, OUT IN. BUT WHAT'S THE RULE THAT WE NEED TO START CONSTRUCTION WITHIN SO MANY DAYS I THINK.

I THINK I READ SOMETHING. I MEAN, I HEARD SOMETHING SAID, DO WE HAVE TO GET A PERMIT WITHIN 180 DAYS? YEAH, 180. UNLESS I ASK NOW. THEY WOULD LIKE TO GET A PERMIT TOMORROW.

WE'RE THE ARCHITECTS. KIND OF SLOW ON GETTING IT DONE AND WAITING FOR A RESPONSE.

HERE IS A GOOD REASON. SO JUST IN CASE, I'D LIKE TO ASK FOR AN EXTENSION.

IS THAT SOMETHING THAT WE JUST NOTE BASED OFF THE RESPONSES? TIM. THAT'S SOMETHING WE CAN WORK OUT DURING THE PERMIT PROCESS.

CAN WE WORK THAT OUT? YES, SIR. THANK YOU. TIM.

THANK YOU. THANKS. OKAY. IF THERE'S ANYONE ELSE THAT WOULD WANT TO SPEAK IN FAVOR OR OPPOSITION.

SEEING NONE, WE WILL CLOSE THE OPEN OPEN PUBLIC HEARING.

OKAY. BOARD DISCUSSION. YOU MIGHT BRING UP THE CRITERIA THAT MIGHT BE HELPFUL.

THANK YOU. YEP.

SO IN A SITUATION LIKE THIS YOU KNOW, OBVIOUSLY NUMBER ONE, THERE'S NO APPARENT CONDITIONS OF THE LAND.

HOWEVER I THINK THE, THE CONDITION OF NEIGHBORHOOD.

YEAH. THAT DOES EXIST IN, IN MY MIND AND IT'S A POINT WELL TAKEN THAT YOU KNOW, AND I THINK WE HAVE THAT IN CERTAIN NEIGHBORHOODS OF, OF ABILENE WHERE OR WHETHER THOSE STRUCTURES WERE BUILT, YOU KNOW, YEARS AGO BEFORE THOSE THINGS WERE PUT IN PLACE ESPECIALLY IN THAT NEIGHBORHOOD.

YEAH. YEAH. THAT'S WHERE THE LARGER HOMES WERE BUILT BACK IN THAT DAY.

RIGHT, RIGHT. AND AS, AND I'M NOT, YOU KNOW, I'M NOT AWARE OF THE CONDITION, THE HOUSE THAT WAS TORN DOWN AND ALL THE DIFFERENT THINGS THAT THAT WENT INTO THAT. BUT YOU KNOW, I THINK AT CERTAIN POINTS THE, THE LOOK OF THE NEIGHBORHOOD. AND YOU KNOW, I THINK THAT UNIFORMITY.

YEAH, IT SUPERSEDES MAKES IT HAVE RELEVANCE. RIGHT? SO I THINK WE DO HAVE TO LOOK AT THAT. GRANTING THE REQUEST WOULD NOT BE CONTRARY TO THE PUBLIC OR INJURIOUS TO THE NEIGHBORING PROPERTIES. I FEEL LIKE THAT'S A VERY TRUE STATEMENT.

AND JUST, AND I WANTED TO LOOK AT THE PLAT OF THAT AGAIN, JUST TO GET A REALLY GOOD LOOK AT WHERE THAT HOUSE IS GOING TO SIT.

AND I THINK, I THINK A LOT OF THE COVERAGE IS GOING TO BE IN, IN DRIVEWAY, TO BE HONEST WITH YOU, IT'S NOT NOT SO MUCH THE, THE STRUCTURE, IT'S THE DRIVEWAY OF IT.

THE REQUEST IS CONSISTENT WITH THE INTENT OF THE LAND DEVELOPMENT CODE.

AND THEN WE GET TO THE HARDSHIPS. AND I THINK THAT'S ONE THAT WE THAT WE HAVE TO ANSWER.

AND IF YOU CAN HELP US WITH THAT ONE, I WOULD BE I WOULD BE MORE THAN HAPPY TO HEAR.

[00:15:08]

YES, SIR. YOU MAY. WELL, THAT'S AN INTERESTING QUESTION TO ASK AN ARCHITECT, BECAUSE THAT'S ONE OF THE QUESTIONS ON THE FORM. IS THERE ANY OTHER WAY TO DO THIS? YEAH, I CAN THINK OF 100 WAYS TO DO IT.

AND ONE IS TO GO INTO THE GROUND AND TWO STORIES UP.

AND I MEAN SOMETHING THAT WOULD NOT FIT. I MEAN, THERE ARE ALWAYS WAYS AND UNFORTUNATELY CREATIVE WAYS AND ARCHITECTS LIKE TO DO THOSE.

BUT WE WANT TO FIT IN THE NEIGHBORHOOD. WE WANT TO PLAY.

I MEAN, I KNOW ALMOST EVERYBODY IN THE NEIGHBORHOOD RIGHT ACROSS THE ALLEY IS PROBABLY ONE OF THE BIGGEST LOTS IN TANGLEWOOD.

AND IT'S ON TANGLEWOOD WITH TENNIS COURT, PAVEMENT, PATIO.

SO IT'S NOT A HARDSHIP IN THE CONVENTIONAL SENSE.

IT'S JUST IN MY THINKING IT'S KIND OF A SPOT ZONING THING.

WHY THIS LOT? I CAN UNDERSTAND THE FLOOD AND THE RUNOFF ISSUES, BUT APPLIED TO A BIG DEVELOPMENT.

BUT FOR ONE SPOT, THAT AND TO TREAT IT DIFFERENTLY THAN EVERYTHING ELSE IN THE NEIGHBORHOOD.

I DON'T CONSIDER THAT A HARDSHIP. I'M KIND OF EMBARRASSED TO TRY TO EXPLAIN THAT TO THEM.

RIGHT. I DON'T KNOW IF I ANSWERED YOUR QUESTION, JOHN, OR NOT.

ANYTHING HELPS AND WE JUST APPRECIATE THAT. YES, SIR.

OKAY. WE DO WANT TO FIT IN THE NEIGHBORHOOD. WE DO.

YOU KNOW, THEY LOVE IT OVER THERE. SO THEY'RE LOOKING FORWARD TO BEING THERE.

SO YOU'RE NOT VASTLY INCREASING THE PERCENTAGE THAT WAS THERE BEFORE.

IS THAT CORRECT? NO WE'RE NOT. AND I BELIEVE YOU STATED THAT TECHNICALLY IT WOULD ACTUALLY BE LESS.

SLIGHTLY LESS. YEAH. THEY HAD A LARGE PAVED AREA IN BACK.

THEY HAD TO CURVE DRIVE AND THE DRIVEWAY. WE'RE ADDING SOME, BUT WE'RE ALSO SMALLER IN SOME CASES.

BUT WE'RE WE'RE PUSHING THAT GARAGE ALL THE WAY BACK.

WHEN YOU DO THAT AND THAT'S KIND OF CONSIDERED IN THAT NEIGHBORHOOD A CONSIDERATE THING TO DO, NOT PULL IT UP TO THE FRONT. BUT THERE'S NOTHING THAT WOULDN'T THAT WOULD KEEP THEM FROM PULLING IT RIGHT UP TO THE FRONT, YOU KNOW, WHICH IS ONE WAY. AND THAT'S WHAT I SAW TOO, SIR, WAS, YOU KNOW, IF THAT GARAGE IS PUSHED BACK, YOU CAN PROBABLY GET A LOT CLOSER TO THAT 40%.

BUT NOW YOU'RE STARTING TO TAKE AWAY FROM THE LOOK OF THE NEIGHBORHOOD.

AND THERE AREN'T ANY RULES OVER THERE ANYMORE ABOUT THAT KIND OF THING.

BUT IT'S JUST A, IT'S JUST A. CONSIDERATION TO THE NEIGHBORHOOD.

GET THE GARAGE BACK OR HIDE IT OR SOMETHING. IF YOU DO THAT, YOU'RE GOING TO HAVE SOME DRIVEWAYS.

AND ROOM TO PLAY BASKETBALL. THAT'S RIGHT, THAT'S RIGHT.

GOT TO DEVELOP MORE MORE HOOPSTERS OUT THERE.

THAT'S RIGHT. OKAY. ANYTHING ELSE? I'M SURE THERE'S SOMETHING THAT I'M FORGETTING, BUT AS SOON AS YOU SIT DOWN, WE MIGHT HAVE ANOTHER QUESTION. THAT'S THE WAY.

THAT'S THE WAY IT GOES SOMETIMES. I'M NOT GOING ANYWHERE. THANK YOU.

OKAY. SO I BELIEVE IN, YOU KNOW. AND, KELLY, YOU MAY.

HELP ME OUT A LITTLE BIT HERE, BUT I DO THINK THAT THE THE EXISTING USE OF THE LAND IN THE NEIGHBORHOOD COULD BE A HARDSHIP FOR WHAT THEY'RE TRYING TO DO. YOU KNOW, WHEN YOU LOOK AT, YOU KNOW WHAT HE'S TALKING ABOUT.

YOU KNOW, YOU START BRINGING DIFFERENT ELEMENTS INTO THE DESIGN OF THE HOUSE BASED OFF OF THE RULES THAT YOU'RE SUPPOSED TO FOLLOW THERE. NOW IT BEGINS TO LOOK A LITTLE BIT DIFFERENT TO US IN COMPARISON TO THE OTHER HOMES AND STRUCTURES THAT ARE ALREADY IN PLACE.

SO BEING HAVING TO PUSH THAT DRIVEWAY, YOU KNOW, BACK TOWARDS THE BACK IT'S GOING TO ADD MORE CONCRETE.

IT'S GOING TO ADD MORE DRIVEWAY, I ASSUME BASED OFF OF THE, THE, THE PLAN.

IT'S GOING TO BE A VERY NICE HOME. THE DRIVEWAY IS GOING TO BE VERY ESTHETIC.

IT'S GOING TO BE VERY PLEASING TO THE NEIGHBORHOOD.

IT'S GOING TO BE SOMETHING THAT FITS. AND IS WILL MOST DEFINITELY BE A BETTER STRUCTURE IN THAT PLACE THAN WHAT WAS THERE BEFORE.

SO. AND WE'RE NOT INCREASING THE AMOUNT OF. YOU KNOW.

[00:20:03]

CORRECT. IMPERVIOUS FROM WHAT IT WAS BEFORE. CORRECT.

YEAH. IF ANYTHING, IT'S WHAT HE SAID WAS SLIGHTLY LESS.

SO. I WILL ENTERTAIN ANY OTHER COMMENTS? MOTIONS.

QUESTIONS? I'LL MOTION TO APPROVE. OKAY.

IS THAT TOO SOON? NO, IT'S NOT TOO SOON. WE JUST HAVE TO WE'VE GOT TO BE BASED ON THE FINDINGS IN THE STAFF REPORT AND BASED ON DO YOU WANT ME TO KIND OF HELP OUT A LITTLE BIT? SO TO APPROVE. THERE. THERE ARE A COUPLE OF.

PART COUPLE OF ITEMS IN THE CRITERIA THAT HAVE BEEN ANSWERED IN THE AFFIRMATIVE.

ACCORDING TO THE STAFF REPORT AND A COUPLE THAT HAVEN'T RELATED TO THE FIRST ONE.

THE SPECIAL CONDITIONS ARISING FROM THE PHYSICAL SURROUNDINGS SHAPE, TOPOGRAPHY OR OTHER FEATURES AFFECTING THE LAND THAT CAUSED THE HARDSHIP.

AND THEN THE OTHER ONE, THAT IT'S NOT WHOLLY CAUSED BY THE PETITIONER.

AND SO SINCE THE STAFF REPORT SAYS THAT THERE ARE NO APPARENT HARDSHIPS, YOU CAN GO AGAINST THAT AND FIND SOMETHING DIFFERENT.

BUT YOU WOULD NEED TO MAKE THAT FINDING PART OF YOUR MOTION BECAUSE WE PUT THOSE FINDINGS IN THE ORDER.

SORRY. AND THEN ON THE OTHER TWO THAT ARE ANSWERED IN THE AFFIRMATIVE, THE STAFF REPORT COVERS THOSE.

AND THAT'S, THAT'S THE HARDEST PART OF THIS DEAL IS PUTTING THOSE THINGS INTO WORDS SO THAT IT MAKES SENSE.

BECAUSE I THINK KELLY AND CORRECT ME IF I'M WRONG, I THINK THAT WE HAVE FOUND THOSE THINGS.

IT'S JUST PUTTING THAT. YEAH. AND I'D SAY IF YOU WANT TO.

WELL WELL WE NEED WE CAN ALWAYS IF YOU WANT TO DIG INTO IT, I'D SAY WE COULD GO INTO EXECUTIVE SESSION SESSION IF YOU WANT LEGAL ADVICE, YOU KNOW, BUT YEAH. BUT THAT'S TOTALLY UP TO YOU.

LET'S REVISIT THEM ONE MORE TIME BEFORE WE HAVE TO DO THAT.

SO NUMBER ONE, SPECIAL CIRCUMSTANCES OR CONDITIONS ARISING FROM THE PHYSICAL SURROUNDINGS SHAPE, TOPOGRAPHY OR OTHER FEATURES AFFECTING THE LAND.

YOU KNOW, OBVIOUSLY THIS WAS NOT THE, THE BIGGEST LOT WHAT THEY HAD TO DEAL WITH, IT'S WHAT THEY HAD.

RIGHT. YOU KNOW, YOU'RE NOT JUST GOING TO GO INTO ANY NEIGHBORHOOD AND BUY UP ANY HOME.

TEAR IT DOWN AND REDO. IT'S THE LOT. IS THE LOT THE LOT SIZE TO BE ABLE TO PUT SOMETHING THAT WORKS WITH THE ENTIRE NEIGHBORHOOD.

CORRECT. BECAUSE YOU WOULDN'T WANT TO PUT A LITTLE TWO BEDROOM HOUSE RIGHT THERE.

WHICH IS, YOU KNOW, I'M SURE MOST OF THOSE LOTS OUT THERE, THEY'RE VERY CONSISTENT WITH THE SIZE.

SOME ARE GOING TO RANGE A LITTLE BIT BIGGER. SOME ARE GOING TO RANGE MAYBE A LITTLE SMALLER.

BUT THAT IS ALSO WHY YOU HAVE AN OVERAGE OF COVERAGE ON ALL THE OTHERS.

ALL OF THE LOTS OR MOST OF THE LOTS, IF NOT ALL OF THE LOTS IN THE AREA.

THE SHAPE OF THE LOT. ADAM, IF YOU OR I'M SORRY, IF YOU CAN GO BACK TO THE OVERHEAD.

AS A AS A BUILDER, ANY SORT OF CUL DE SAC OR CURVATURE IN THE ROAD MAKES THINGS A LITTLE MORE DIFFICULT.

I'M SURE AS AN ARCHITECT, YOU HAVE TO YOU HAVE TO DEAL WITH THOSE.

IT'S PLACEMENT OF THE HOUSE, THE WAY THAT YOU HAVE TO SET THOSE THINGS ON THOSE LOTS.

YOU KNOW, THIS LOT IS FAIRLY. IT'S NOT A COMPLETE SQUARE, IT'S A RECTANGLE.

BUT IT'S IT'S NOT AN ODD SHAPED LOT. YOU'VE GOT A DECENT AMOUNT OF, OF ROOM AT THE FRONT AN EVEN BIGGER AMOUNT OF ROOM AT THE BACK. AND I THINK THAT WE COULD ALSO PUT THAT INTO OUR THINKING THAT YOU'RE, AND I DON'T KNOW WHAT THE MEASUREMENTS ARE ACROSS THE FRONT.

IT'S ALL VISUAL, BUT EVEN IF YOU TRIED TO MOVE YOUR GARAGE UP TO THE FRONT, YOU'RE AS IT COMES FORWARD.

YOU'RE LOSING SPACE. YOU'RE GAINING SPACE. AS LONG AS THINGS ARE PUSHED MORE TOWARDS THE BACK,

[00:25:01]

WHICH ALSO INCREASES YOUR DRIVEWAY SPACE.

AND IF WE COULD GO BACK TO THE. REQUESTS THERE.

OKAY, SO THERE. I FEEL LIKE ONE BASED ON THE SHAPE OF THE LOT.

AND THE THE LOOK OF THE HOME, THE DESIGN OF THE HOME, THE DESIGN OF THE NEIGHBORHOOD DOES NOT ALLOW FOR THEM TO MAKE TOO MANY ADJUSTMENTS, IF ANY, THAT WOULD TAKE AWAY FROM THE FOOTPRINT OF THE HOME IN THE DRIVEWAY.

ESTHETICS COMPARED TO THE OTHER SURROUNDING HOMES.

CORRECT. I THINK ALL OF THOSE COME INTO PLAY THERE.

GRANTING OF THE VARIANCE WILL NOT BE CONTRARY TO THE PUBLIC INTEREST.

I THINK THAT ONE HAS BEEN ANSWERED. GRANTING THE VARIANCE IS CONSISTENT WITH THE LAND DEVELOPMENT CODE.

IT IS CONSISTENT WITH THE LAND DEVELOPMENT CODE.

AND THEN OUR HARDSHIP IS NOT CREATED WHOLLY BY THE PETITIONER.

EXCUSE ME. I MEAN, I BELIEVE OUR HARDSHIP IS PUTTING AN ESTHETICALLY SIMILAR CORRECT STRUCTURE IN THAT TO FIT IN WITH THAT NEIGHBORHOOD IN THE EXISTING NEIGHBORHOOD TO MAKE IT IT ALL FIT. YES, I AGREE.

LET ME GIVE IT A TRY. THERE'S NO APPARENT CONNECTION TO THE LAND OF THE PROPERTY TO CREATE AN UNDUE HARDSHIP, WHICH GOES TO THE ESTHETICS OF THE NEIGHBORHOOD IS WHEN THE PROPERTY WAS ORIGINALLY BUILT BACK IN THE LATE 50S, EARLY 60S IS MY UNDERSTANDING. WE.

AND THEN THE PARENT. HARDSHIP IS THE SAME FOR THE PETITIONER IS.

THE ESTHETICS OF THE HOUSE WOULD HAVE TO CHANGE TO TAKE IT AWAY, TO CHANGE WHAT WE CURRENTLY HAVE.

FOR THE ARCHITECT, IF YOU'RE GOING TO CHANGE THE ESTHETICS, WHICH WOULD AFFECT THE WHOLE NEIGHBORHOOD.

CORRECT. THAT'S THE HARDSHIPS I SEE. SO I'LL MAKE A MOTION.

WE APPROVE. AND LET ME JUST CLARIFY. WHAT ARE YOU SAYING? BECAUSE I'M MAKING MY NOTES SO WE CAN DRAFT IT, RIGHT.

WHAT ARE YOU SAYING? THE THE FIRST PART ON THE ON THE FIRST ONE IS THE IS THE NEIGHBORHOOD, THE ESTHETICS, THE SHAPE TWO IS THE SHAPE OF THE LOT.

OKAY. OKAY. THAT'S WHAT THEY'RE HAVING TO DEAL WITH BECAUSE OF THE PROPERTY THEY PURCHASED, WHICH THE OPTIONS WERE LIMITED. OKAY. AND THEN ON THE PETITIONER, ALTHOUGH HE WANTS THE EXTRA LAND.

IT'S NOT OR WANTS THE SETBACK. IT ALSO GOES TO THE ORIGINAL ONE ON THE ESTHETICS OF THE PROPERTY BECAUSE OF THE NEIGHBORHOOD.

THAT WELL THAT ONE I'M NOT UNDERSTANDING. JUST CAN YOU REPHRASE THAT? AND THAT'S FOR THE THE LAST ONE. YEAH, THAT'S FOR THE LAST ONE.

THERE'S NO APPARENT HARDSHIP. BUT IF IF THEY CHANGE IT, IT WON'T COINCIDE WITH THE NUMBER ONE THAT WE ALREADY JUST DID IN REGARDS TO THE ESTHETICS OF THE NEIGHBORHOOD AND THE PROPERTY LINES. SO THERE HAS TO BE A HARDSHIP THOUGH.

THERE HAS TO BE SOME KIND OF HARDSHIP. SO HARDSHIP IS CONGRUENCY BIDDING.

THE PROPERTY THAT WOULD BE ESTHETICALLY SIMILAR TO THE NEIGHBORHOOD INTO THAT LOT.

SO THAT DOES CREATE A HARDSHIP FOR THE PURPOSES.

SO DOES THAT SOUND GOOD TO YOU? SOUNDS GOOD TO ME.

TEAMWORK MAKES THE DREAM WORK. AND THAT'S YOUR MOTION? YES, THAT'S MY MOTION. THAT WAS MY MOTION. I LOVE IT.

I SECOND. MR. RYDER. YES, MISS DUNAWAY. YES, MISS SPARKS.

YES, MR. HARVARD. APPROVED. AND MR. LOUDERMILK.

YES, MA'AM. AND THE MOTION CARRIES. THANK YOU.

THANKS, JAMES. OKAY. THAT IS THE ONLY ITEM ON THE AGENDA.

WE APPRECIATE YOU BEING HERE THIS MORNING, SIR.

WE APPRECIATE EVERYBODY ELSE. THANK YOU, CITY STAFF, FOR ALL THAT YOU DO.

AND WE APPRECIATE THE TIME, EFFORT AND ENERGY THAT YOU ALL PUT INTO THIS.

SO IF THAT'S ALL WE GOT. NO QUESTIONS, NO CONCERNS.

MEETING IS ADJOURNED. THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.