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[I. Call to Order and Determination of a Quorum]
BRING THE MEETING TO ORDER, UH, THE OCTOBER 12TH OF THE ZONING BOARD OF APPEALS IN THE CITY COUNCIL CHAMBERS AT FOUR O'CLOCK.[II. Approval of Minutes: September 14, 2023]
APPROVAL OF THE MINUTES FROM SEPTEMBER 14TH, 2023.ANY ADDITIONS OR CORRECTIONS? THE ONLY THING I SEE, AND IT'S JUST A SIMPLE THING, UH, IT SAYS THE MEETING WAS CALLED TO ORDER AT FOUR 20 AND THEN IT WAS ADJOURNED AT FOUR 15.
SO IS THAT FOR MAYBE 4 0 2? IF THERE ARE NO ADDITIONS OR CORRECTIONS, MAY HAVE A MOTION TO APPROVE.
SO MOVE JOEL FLETCHER AND A SECOND.
[III.A. Case No. 23-05 Petition of GARY AND KIM CASNER, for a variance in the provisions of the Zoning Ordinance (Ordinance #3512, as amended, Section II) to allow an accessory structure in the front yard at 660 East Grove Road]
NEW BUSINESS IS CASE NUMBER 2305, PETITION OF GARY AND KIM KANER FOR A VARIANCE IN THE PROVISIONS OF THE ZONING ORDINANCE NUMBER 35 12 AS AMENDED SECTION TWO TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD AT SIX 60 EAST GROVE ROAD.THE PETITIONER IS REQUESTING A VARIANCE FROM THE PROVISIONS OF THE ZONING ORDINANCE TO CONSTRUCT AN ABOVE GROUND POOL IN THEIR FRONT YARD AT LEAST 200 FEET AWAY FROM THE ROAD.
ACCORDING TO THE CITY OF DECATUR ZONING ORDINANCE, A VARIANCE MUST MEET THREE STANDARDS IN ORDER TO BE GRANTED.
THE FIRST STANDARD REQUIRES AN APPLICANT TO SHOW THAT THE PROPERTY REQUESTED VARIANCE IN QUESTION IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF BOTH THE CITY OF DECATUR COMPREHENSIVE PLAN AND REGULATION FOR THE ZONING ORDINANCE, THE PROPERTY IN QUESTION MEET THE DESIRED FUTURE LAND USE CLASSIFICATION OF RESIDENTIAL IN ACCORDANCE WITH THE COMPREHENSIVE PLAN, THE VARIANCE, WHILE NOT MEETING THE STRICT REGULATION OF THE ZONING ORDINANCE.
THAT NECESSARY STRUCTURE CANNOT BE IN FRONT OF THE PRIMARY STRUCTURE.
IT IS PROPOSED TO BE SET BACK AT LEAST 200 FEET FROM THE LINE OF THE PROPERTY.
SO IF GRANTED THE PETITION WOULD BE IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE SUBJECT TO MEETING IN THE OTHER TWO STANDARDS.
THE SECOND STANDARD REQUIRED THE APPLICANT TO DEMONSTRATE THE EXISTENCE OF PRACTICAL DIFFICULTIES AND NON-ECONOMIC HARDSHIPS.
SINCE THE TOP
THE THIRD STANDARD REQUIRES THE APPLICANT TO SHOW THAT THE VARIANCE, IF GRANTED, WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE LOCALITY OF AND HAVE A NEGATIVE IMPACT ON THE SURROUNDING PROPERTIES.
GRANTING A VARIANCE FOR THE REDUCTION OF THE FRONT YARD SETBACK WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE LOCALITY AND WILL NOT NEGATIVELY IMPACT THE NEIGHBORING PROPERTIES.
THE PROPERTY IN QUESTION HAS A LARGE FRONT YARD WITH A TREE LINE FROM THE ROAD.
THE VARIANCE IF GRANTED, SHOULD NOT AFFECT THE ADEQUATE SUPPLY OF AIR.
THEREFORE, STAFF BELIEVES THAT THE THIRD STANDARD CAN BE MET.
STAFF RECOMMEND THE APPROVAL OF THIS REQUESTED VARIANCE, UM, FOR THE CONSTRUCTION OF THE ABOVE GROUND POOL IN THE FRONT YARD WITH THE FOLLOWING RECOMMENDATION.
A SWIMMING POOL PERMIT IS REQUIRED BEFORE THE CONSTRUCTION OF THE POOL.
AND THEN LASTLY, UH, THE ZONING BOARD CAN APPROVE THE VARIANCE REQUEST AT PRESENTED, DENY THE VARIANCE REQUEST OR MODIFY THE REQUEST AS APPROPRIATE.
THIS REPORT CONSTITUTES THE TESTIMONY AND THE RECOMMENDATION OF THE PLANNING, UH, AND DEVELOPMENT DIVISION, ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT.
ARE THERE ANY QUESTIONS FOR STAFF? SEEING NONE.
DO WE HAVE A, UM, ANY, THE PETITIONER PLEASE.
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AND IF YOU'LL RAISE YOUR RIGHT HAND AND BE SWORN IN, SAY YOUR NAME.DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE FOLLOWING TESTIMONY YOU ARE ABOUT TO GIVE IS TRUE TO THE BEST OF YOUR KNOWLEDGE AND BELIEF? YES.
IF YOU CAN TELL US A LITTLE BIT ABOUT YOUR PROJECT.
UM, THIS PROPERTY WAS MY GRANDPARENTS.
UH, I'M IN THE PROCESS OF ACQUIRING IT.
UM, WHAT IS CONSIDERED TO YOU IS THE FRONT HAS ALWAYS BEEN CONSIDERED SIDE PROPERTY BECAUSE OF HOW YOU COME UP THIS LANE WITH THAT PICTURE RIGHT THERE.
THAT'S THE FRONT OF THE PROPERTY WHERE WE WANNA PUT THE SWIMMING POOL IS CONSIDERED A SIDE FROM WHAT I UNDERSTAND, BECAUSE OF HOW THE SIX 60 EAST GROVE ROAD COMES BY AND HOW THE LANE IS AND THE LANE IS NOT NAMED, IT IS CONSIDERED THAT IS CONSIDERED THE FRONT OF THE PROPERTY, BUT HAS NEVER BEEN CONSIDERED THE FRONT OF THE PROPERTY.
AND THAT'S WHERE WE WOULD LIKE TO HAVE THE POOL.
BUT WE WE'RE HERE TO TALK ABOUT THE VARIANCE BECAUSE WE DON'T CONSIDER IT THAT THE FRONT OF THE PROPERTY.
IS THERE ANY QUESTIONS FOR THE PETITIONER? YES.
SO YOU SAID WHERE THE LANE IS AND WHERE IT DESCRIBES THE FRONT.
SO YOU SAID THAT IT'S SUPPOSED TO BE WHERE YOU'RE THINKING ABOUT PUTTING IT IS NO ON THE EAST.
THAT THAT IS ACTUALLY THE FRONT OF THE PROPERTY.
INTEND TO GO SOUTH, RIGHT? NOT RIGHT THERE.
BUT THAT'S A SOUTH LINE OFF THE TREE LINE.
IT'LL BE CLOSE TO THE HOUSE THAT THE HOUSE, IF IT CAN HELP YOU A LITTLE BIT.
THE HOUSE IS SHAPED LIKE A U AND WE WOULD LIKE TO PLACE THE POOL IN THE U PART OF THE HOUSE, WHICH HAS ALWAYS BEEN CONSIDERED, UH, SIDE, SIDE PROPERTY.
AND TO BE HONEST WITH YOU, UH, THE WAY THE TREES GO AROUND, EVERYTHING ELSE, UNLESS YOU'RE UP ON A PROPERTY, YOU COULDN'T, YOU COULDN'T TELL ME WHICH SIDE IS FRONT, SIDE, BACK, ANYTHING 'CAUSE OF THE TIMBERLAND.
ANY OTHER QUESTIONS FOR THE PETITIONER? NO.
IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON BEHALF OF THIS? SEEING NONE.
DO WE HAVE A MOTION TO APPROVE? I MAKE A MOTION TO APPROVE.
IS THERE A SECOND? I'LL SECOND.
WE HAVE A MOTION AND A SECOND.
UH, ANY FURTHER DISCUSSION IF YOU CALL THE ROLL PLEASE.
YOUR PETITION'S BEEN APPROVED.
[III.B. Case No. 23-06 Petition of GARY MORSE, for a variance in the provisions of the Zoning Ordinance (Ordinance #3512, as amended, Section XXXIV) to allow a 6-foot fence in the front yard at 3162 Redlich Drive]
CASE IS NUMBER 23 DASH OH SIX.PETITION OF GARY MORSE FOR VARIANCE IN THE PROVISIONS OF THE ZONING ORDINANCE NUMBER 35 12 AS AMENDED SECTION 34 TO ALLOW A SIX FOOT FENCE IN THE FRONT YARD AT 31 62 RED LAKE DRIVE, IF THE, UM, STAFF WILL STEP FORWARD.
THE SUBJECT SITE IS CURRENTLY ZONED R ONE SINGLE FAMILY RESIDENTIAL DISTRICT AND HAS A SINGLE FAMILY RESIDENTIAL, I'M SORRY, AND HAS A PRIMARY RESIDENTIAL STRUCTURE WITH TWO DETACHED ACCESSORY STRUCTURES ON AN APPROPRIATE APPROXIMATELY 0.45 ACRE LOT VARIANCE TO HAVE A SIX UH, FOOT PRIVACY FENCE IN THE FRONT YARD.
THE PETITIONER, UM, UH, REQUEST IS TO NOT SEE THEIR NEIGHBOR'S DEBRIS IN THEIR FRONT YARD.
ACCORDING TO THE CITY OF DECATUR'S ZONING ORDINANCE, A VARIANCE MUST MEET THREE STANDARDS IN ORDER TO BE GRANTED.
THE FIRST STANDARDS REQUIRED TO APPLICANT TO SHOW, UM, THAT THE REQUESTED VARIANCE, UM, IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF BOTH THE CITY OF THE DECATUR COMPREHENSIVE PLAN AND REGULATION OF THE ZONING ORDINANCE.
THE PROPERTY IN QUESTION MEETS THE DESIRED FUTURE LAND USE CLASSIFICATION OF RESIDENTIAL OF RESIDENTIAL IN ACCORDANCE WITH THE COMPREHENSIVE PLAN.
THE VARIANCE OF GRANTED WOULD NOT BE IN HARMONY, UH, WITH THE GENERAL PURPOSE AND INTENT
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OF THE ZONING ORDINANCE, WHICH STRICTLY PROHIBITS FENCED OVER SIX FEET IN HEIGHT WITHIN THE FRONT YARD.THE SECOND STANDARD REQUIRED THE APPLICANT TO DEMONSTRATE THE EXISTENCE OF PRACTICAL DIFFICULTIES AND NON-ECONOMIC HARDSHIPS.
THE PETITIONER PROVIDED INFORMATION THAT THE SIX FOOT PRIVACY FENCE WOULD SCREEN THE, UH, THEIR PROPERTY FROM AN UNSIGHTLY NEIGHBOR'S YARD, UH, MEETING THE SECOND STANDARD.
THE THIRD STANDARD REQUIRES AN APPLICANT TO SHOW THAT THE VARIANCE IF GRANTED, WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE LOCALITY AND HAVE A NEGATIVE IMPACT ON THE SURROUNDING PROPERTIES.
THE PROPERTY IN QUESTION HAS A LARGE FRONT YARD, HOWEVER, THERE ARE NO SUCH OTHER FENCES IN THE AREA.
THEREFORE STAFF BELIEVE THAT THE THIRD STANDARD CANNOT BE MET.
STAFF DOES NOT RECOMMEND THE APPROVAL OF THIS VARIANCE.
THE ZONING BOARD OF APPROVAL, UM, I'M SORRY.
THE ZONING BOARD CAN APPROVE THE VARIANCE REQUEST AS PRESENTED.
DENY THE VARIANCE REQUEST OR MODIFY THE REQUEST AS APPROPRIATE.
THIS REPORT CONSTITUTES THE TESTIMONY AND RECOMMENDATION OF THE PLANNING DEVELOPMENT DIVISION, ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT.
ANY QUESTIONS FOR STAFF? YEAH, MAYBE I HAVE ONE.
SO AS YOU WERE GOING OVER THE STAFF ANALYSIS, YOU SAID THE ZONING ORDINANCE STRICTLY PROHIBITS FENCES OVER SIX FEET IN HEIGHT IN THE FRONT YARD? YES.
AND THE REQUEST IS TO HAVE A SIX FOOT PRIVACY FENCE.
THE FRONT YARD, SIX FOOT IS NOT OVER.
A SIX FOOT FENCE IS NOT OVER THE SIX FOOT HEIGHT.
BUT GENERALLY WE DON'T HAVE IT GO OVER FOUR FEET IN THE FRONT YARD.
UM, I THINK, I THINK TO CLARIFY MY UNDERSTANDING IS THIS, OUR ZONING ORDINANCE DOES NOT ALLOW SIX FOOT FENCES IN THE FRONT YARD.
IT ALLOWS FOUR FOUR FOOT FENCE.
YOU WOULD HAVE TO REQUEST FOR A VARIANCE TO BE OVER FOUR FEET IN THE FRONT YARD.
AND, UM, THERE'S A PICTURE OF HIS NEIGHBOR YARD THAT HE'S TRYING TO NOT SEE.
UH, THAT, THAT IMAGE RIGHT THERE.
SO RIGHT NOW THERE'S JUST THE, THE WIRE FENCE, CORRECT? THERE'S A, FROM MY PICTURE, THEY'RE TIPPED THE WIRE FENCE SEPARATING THE YARD.
FOR WHAT? IT'S A CATTLE FENCE.
OH, WHAT? I'M SORRY, WHAT? IT'S A CATTLE FENCE.
WE'LL, WE'LL TALK IN A SECOND.
DOES THE ORDER PROVIDE FOR, THERE WE GO.
UM, DOES THE ORDINANCE PROVIDE FOR LIKE PRIVACY SLATS TO BE PUT IN RATHER THAN HAVING IT BE OPEN FOR YOUR OWN FENCE? YES.
THE FENCE THAT YOU'RE LOOKING AT THAT IS GONNA BE THE CATTLE FENCE, I THINK THAT'S THE NEIGHBOR'S FENCE.
IS THAT CORRECT? I BELIEVE THAT'S THE NEIGHBOR'S FENCE.
ANY OTHER QUESTIONS FOR STAFF AND WE'LL, WE'LL ASK SOME QUESTIONS OF THE PETITIONER.
NO, I'M STILL HUNG UP ON THAT SIX FOOT PRIVATE VARIANCE TO HAVE A SIX FOOT PRIVACY FENCE IN THE FRONT YARD.
THE ORDINANCE PROHIBITS FENCES OVER SIX FEET IN HEIGHT WITHIN THE FRONT YARD THAT PREVENT THAT.
BUT ALSO, UM, I MEANT TO SAY FOUR FEET.
IT PREVENTS FOUR FEET IN THE FRONT YARD.
SO THIS SHOULD READ FOUR FEET.
WAIT, THE FENCE YOU CANNOT HAVE, IT'S JUST THAT WAS NOT CAUGHT.
A SIX FOOT FENCE CANNOT BE IN THE FRONT YARD.
ONCE YOU, ONCE YOU HAVE A FENCE, YOU HAVE IT ON THE SIDE OF YOUR HOUSE.
BREAK THE PLANE OF YOUR HOUSE.
ONCE YOU BREAK THE PLANE OF YOUR HOUSE, YOU HAVE TO DROP IT BACK TO FOUR FEET IN THE FRONT YARD.
IT SHOULD SAID HE'S, HE'S LOOKING TO HAVE A VARIANCE TO PUT A SIX FOOT FENCE IN THE FRONT YARD.
BUT DOWN HERE THE STAFF ANALYSIS, IT SHOULD READ STRICTLY PROHIBITS FENCES OVER FOUR FEET.
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THAT IS, THAT'S THE STANDARD.THE, THE ORDINANCE PROHIBITS OFFENSE OVER FOUR FEET.
SO THE STAFF ANALYSIS AND REQUEST AS IT'S WRITTEN ON THE PAGE IS INCORRECT.
ANY OTHER QUESTIONS FOR STAFF RIGHT NOW? NO.
IF THE PETITION WILL COME UP AND BE SWORN IN, PLEASE AND STATE YOUR NAME AND BE SWORN IN.
DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE FOLLOWING TESTIMONY YOU ARE ABOUT TO GIVE IS TRUE TO THE BEST OF YOUR KNOWLEDGE AND BELIEF? YEP.
UM, I KNOW YOU'VE MIGHT BE SOME QUESTIONS HERE FOR, FOR, UH, THE COMMISSIONERS.
UM, DO YOU HAVE ANYTHING ELSE TO SAY BEFOREHAND? UH, I DON'T KNOW YET.
I'M GOING FOR A SIX FOOT ALL THE WAY OUT.
I COULD LIVE WITH TWO MORE SECTIONS OF EIGHT FOOT AND THE REST FOUR FOOT.
KEEP THAT IN THE BACK OF YOUR BACK OF YOUR MIND BECAUSE I UNDERSTAND THE VISION.
IS THAT WHAT YOU GUYS ARE WORRIED ABOUT? WELL, THERE'S A SIX FOOT FENCE JUST DOWN THE STREET.
IT'S GRANDFATHERED IN I GUESS.
BUT THE VISION IS BLOCKED OFF ANYHOW BECAUSE OF THE YARD YOU SEE RIGHT THERE.
I WOULDN'T GO PAST MY BUSH WHERE TO GO, BUT YOU CAN SEE, YOU SEE THAT WHATEVER THAT IS, THAT FENCE RIGHT THERE.
THE, THE SIXTH WOULD BE BACK FROM THAT PROBABLY ABOUT THE END OF MY BUSH, WHICH THAT'S ALL PLUGGED UP.
UM, I WOULDN'T GO ALL THE WAY TO THE ROAD.
THE FENCERS KNOW WHERE TO STOP IT, BLAH, BLAH, BLAH.
BUT THE MAIN THING IS I DON'T WANNA SEE THAT ANYMORE.
IT'S, IT IS NOT, IT'S NOT NORMAL IN A RESIDENTIAL DISTRICT TO HAVE A YARD LIKE THAT.
YOU GUYS CAN SEE IT RIGHT THERE.
IN THAT PICTURE, THERE ARE SOME BUSHES.
THE, THE, THE TREE THAT'S FORKED AND THE BUSHES TO THE RIGHT OF THAT.
YEAH, THAT'S, THAT'S JUST ON THE RIGHT WHERE THE DITCH STARTS.
IS THAT, WHOSE PROPERTY IS THAT? HIS, YOU SEE HIS, HE PUT HIS FENCE RIGHT ON MY PROPERTY LINE.
ACTUALLY IT'S OVER A LITTLE BIT.
THE CATTLE FENCE, YOU CAN SEE I DID THE BACKYARD.
IT'S PROBABLY 140 FEET UP AND WHEN I WALK OUT IN THE MORNING, I WANT THE REST OF IT NOT TO BE ABLE TO SEE IT
SO THIS IS THE NEIGHBOR'S YARD TO THE RIGHT.
SO THE BUSHES THAT ARE PLANTED TO THE WIDTH.
DOES IT SHOW IT ALL THE WAY? MINE'S MOWED.
THE BUSHES AND THE TWO CARS THAT ARE IN THIS PICTURE, IT'S DOESN'T SHOW UP THERE ON THERE.
IT'S CUT OFF, BUT THERE'S TWO, TWO CARS HERE AND THEN THERE'S A LINE OF BUSHES HERE.
THAT'S THE FRONT OF ME RIGHT THERE.
IS THAT THE FRONT OF YOUR NEIGHBOR'S? I SAW HIS, THAT'S HIS, YEAH.
SO YOU'RE WANTING TO DO 16 MORE FOOT OF FENCE? PRETTY MUCH.
EIGHT FOOT SECTIONS OF SIX FOOT FENCE IS WHAT YOU'RE, I'D LIKE TO GO SIX FOOT.
I THINK THERE'S ABOUT 45 FEET LEFT.
I I WOULD LOVE AT LEAST TWO MORE SECTIONS OF EIGHT FOOT.
THERE'S THE END OF MY FENCE RIGHT THERE.
I WOULD, ONE EIGHT FOOT WOULD BE GREAT.
TWO EIGHTS WOULD BE WONDERFUL.
I KNOW YOU GUYS ARE UNDER PRESSURE TO NOT ALLOW A SIX FOOT FENCE ALL THE WAY TO THE ROPE.
ARE THOSE POSTS ON A CATTLE FENCE? ABOUT EIGHT FOOT APART? YOU THINK YOU OBJECT? LET'S SEE IF, IF I GET EIGHT FOOT, I GET ONE EIGHT.
BUT YOU CAN SEE WHEN I, WHEN I GO OUT TO MY TRUCK IN THE MORNING, THE VISION, 'CAUSE THAT, THAT'S, THAT'S ABOUT MY EYE LEVEL, BUT IT WOULD BLOCK ALL THAT OFF.
ONE SECTION WOULD SUFFICE, TWO WOULD BE GREAT.
AND THEN THE REST, FOUR FOOT TO HIDE THE CATTLE FENCE THE REST OF THE WAY TO THE ROAD.
THE EXISTING VINYL FENCE IS UP NOW IN THE BACKYARD? YES.
THAT'S, THAT'S WHERE IT STOPS, RIGHT? I KNOW THAT'S YOUR SIDE YARD CLEAR TO THE
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BACKYARD.AND THAT'S EIGHT FOOT OR SIX FEET? THAT'S ALL SIX FEET IN BACK.
I WAS CONFUSED 'CAUSE I HEARD SIX FOOT, THAT'S WHERE I HAD TO STOP BECAUSE THAT'S WHERE THE FRONT DOOR'S AT AS SHE MENTIONED.
SO WHEN YOU ORIGINALLY PUT THAT FENCING UP, YOU DIDN'T PETITION TO TAKE IT ALL THE WAY TO THE FRONT? NO, I DIDN'T.
AND DID YOU NOT DO THAT BECAUSE YOU KNEW YOU COULDN'T OR DID YOU NOT DO THAT BECAUSE YOU JUST DECIDED YOU DIDN'T WANT TO GO THAT FAR? I STOPPED AT THAT POINT.
I DIDN'T EVEN KNOW YOU COULD DO THAT.
YOU KNOW, I, I WAS JUST GONNA STOP THERE AND, AND SEE HOW IT WENT.
IT'S, IT'S NOT GOING WELL AS YOU CAN SEE.
IT IS BEEN ABOUT TWO AND A HALF YEARS OF THIS TRANSFORMATION OF THAT YARD.
THAT'S WHY THE VINYL FENCE IS IN THE BACKYARD.
YOU WOULD, YOU WOULD BE ABLE TO PLANT GREENERY AND SUCH.
YEAH, IT'S, IT'S A LITTLE PERPLEXING.
IT SOUNDS MOSTLY LIKE MAYBE, UH, YOUR NEIGHBOR HAS HIS OWN WAY OF LANDSCAPING AND DISREGARD THE FACT THAT HE'S IN A, A GROOMED NEIGHBORHOOD.
BUT ARE THERE ANY ORDINANCES THAT THE NEIGHBOR IS VIOLATING? OH YEAH.
WELL, I'M NOT HERE TO PROSECUTE THE NEXT DOOR NEIGHBOR.
I'M, WE'RE HERE, WE'RE HERE TO DISCUSS MR. MORRIS'S.
SO IT SEEMS TO ME LIKE IF IF THE, THE NEIGHBOR IS NOT OUR, UH, PETITION HERE, YOUR YOURS IS, BUT IT, IT SEEMS LIKE IF THE NEIGHBOR'S IN VIOLATION AND THEN SUDDENLY YOU'RE IN VIOLATION, THEN WE'VE GOT A COUPLE OF PEOPLE IN THE BLOCK IN VIOLATION.
AND IF THERE'S SOMEBODY ELSE DOWN THE BLOCK WITH A SIX FOOT FENCE, THEN THAT'S QUESTIONABLY IN VIOLATION.
THERE ARE A LOT OF 'EM OUT THERE THAT DON'T GET ORDINANCES, UH, VARIANCES FOR DEFENSES.
I HAVE A QUICK QUESTION AND I PROBABLY SHOULD ASK THIS OF STAFF, BUT I'M STILL LOOKING AT THE SIDE THAT YOUR FENCE HERE.
RIGHT? SO SO IS THE PROBLEM THAT YOU CAN'T TAKE IT EVEN ANOTHER FOOT? THAT'S WHERE MY FRONT DOOR'S AT.
BUT I MEAN YOU ARE, OR IDEALLY YOU'D LIKE TO TAKE IT ALL THE WAY UP TO THE OTHER FENCE LINE CORNER, BUT, BUT, UH, IF YOU TOOK IT ANOTHER SECTION OF EIGHT FEET OR 16 FEET, IN OTHER WORDS, WHERE DOES THE VIOLATION OCCUR? WHEN DOES IT BECOME THE, THE, ACTUALLY YOU SEE WHAT I'M SAYING? IT'S WORDED AS IT, IT IS WORDED AS THE FRONTAGE AREA AND IF THE, THE FRONTAGE AREA CAN'T BE DECIPHERED.
IT'S YOUR FRONT DOOR AFTER YOU FRONTAGE AREA IS ACTUALLY UP IN THE AIR WHERE THE FRONTAGE AREA.
SO IF YOU GO IN FRONT OF YOUR HOUSE, OKAY.
YOU HAVE TO DROP YOUR FENCE BACK TO FOUR FEET.
AND THAT'S BASICALLY IF YOU COME STRAIGHT ACROSS THERE IN MY DRIVEWAY.
SO HE COULD GO UP TO FOUR FEET HIGH.
AND THE ONE THAT'S UP THERE RIGHT NOW IS EIGHT, SIX? IT'S A SIX.
IS THAT CATTLE FENCE ABOUT FOUR FEET? YEAH.
SO IF YOU WERE TO GO SOLID ALL THE WAY TO THE FRONT, YOU WOULD BASICALLY SEE A FENCE WOULD COME SIX FEET AND DROP TWO AND THEN YOU'D BE SOLID ALL THE WAY TO THE FRONT.
IT'D BE MATCHED WITH HIS FOUR FEET, BUT I DON'T WANNA SEE IT
IT'S KIND OF EMBARRASSING TO HAVE PEOPLE COME OVER AND GO, WHAT THE HELL IS THAT? YEAH, I KNOW, BUT I'M NOT PROSECUTING GUY.
I, I'M TRYING TO PROTECT THE VALUE OF MY PROPERTY BECAUSE I DON'T THINK I CAN SELL THIS PLACE NOW.
I DON'T THINK IT'LL SELL LIKE THAT.
THAT'S MY HOUSE USED TO BE WORTH A LOT OF MONEY.
ANY OTHER COMMENTS OR QUESTIONS FOR THE PETITIONER TO DECIDE? YEAH.
WELL I THINK THE DILEMMA HERE IS
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I THINK AS HOMEOWNERS WE ALL CAN AGREE THAT THIS IS AN EASY DECISION.IF IT'S UP TO YOU, I WOULDN'T WANNA SEE THAT EITHER.
WHERE, WHERE, WHERE I'M CHALLENGED IS ACCORDING TO WHAT STAFF IS TELLING US.
THIS JUST ISN'T EVEN A BLACK, I MEAN, THIS IS A BLACK AND WHITE ISSUE TO ME.
UNLESS WE, UNLESS YOU WHAT ORDINANCE CHANGES OR WHATEVER YOU CALL IT.
SO THAT'S, THAT'S WHAT THIS IS FOR.
THIS ISN'T SETTING A PRECEDENT FOR ANYBODY.
LIKE I SAY, I'D BE HAPPY WITH ONE MORE SECTION OF SIX FOOT, WHICH IS EIGHT.
YOU KNOW, A FEE COULD BE RIGHT, BUT I DON'T KNOW WHAT WE'RE ALLOWED TO DO.
'CAUSE I'M STILL FAIRLY NEW AT THIS.
SO CAN, IS IT POSSIBLE TO LITERALLY MEET HIM HALFWAY OR SOMETHING? OR IS DOES THIS OR DOES THIS HAVE TO I LIKE THIS GUY GET DELAYED.
I'M JUST TRYING TO FIGURE OUT MYSELF WHAT, WHAT OUR OPTIONS ARE.
THE ZONING BOARD HAS THE ABILITY TO ACCEPT THE STAFF'S RECOMMENDATION.
UM, AMEND OR MODIFY STAFF'S RECOMMENDATION OR DENY IT FULLY.
UM, AS STAFF HAS POINTED OUT, THERE ARE, IT'S A THREE-PRONG TEST.
THE STAFF PURSUANT TO CITY CODE IS REQUIRED TO EXAMINE THESE ISSUES AND PURSUANT TO THOSE THROUGH THE CITY CODE.
UM, AND THEN TWO OF THEM WERE NOT, WHICH IS WHY STAFF IS NOT RECOMMENDING APPROVAL.
THIS IS MY LAST QUESTION, I PROMISE.
SO IF, IF THERE WAS AN AMENDMENT, IT WOULD HAVE TO BE NOT JUST FOR THIS SITUATION, BUT THAT WOULD BECOME THE NEW NO, YOU AREN'T CHANGING CITY CODE.
SO YOU THIS THIS ISN'T CHANGING THE CITY CODE FOR THE ENTIRE CITY OF DECATUR.
WHILE I UNDERSTAND MR. MORRIS DOESN'T THINK IT SETS PRECEDENTS, IT ACTUALLY DOES.
UM, BECAUSE ANYTHING THAT YOU GUYS DO IN THE FUTURE, SOMEBODY ELSE COMING ALONG CAN SAY, WELL, I'M IN THE SAME SITUATION.
SURE, YOU NEED TO FOLLOW WHAT YOU'VE DONE PREVIOUSLY.
BUT THIS DOESN'T ACTUALLY CHANGE THE LAW AS IT'S WRITTEN.
THAT'S ONLY, THAT ONLY CAN BE CHANGED THROUGH A PLANNING COM PLAN.
ALL THIS IS, IS MR. MORRIS IS REQUESTING WHAT THEY CALL A VARIANCE.
RIGHT? AN ALTERATION, A LITTLE A, A CHANGE IN WHAT THE CITY CODE ALLOWS FOR AND WHAT HE'S WANTING TO DO.
AND YOU GUYS HAVE THE AUTHORITY TO VARY THOSE.
SO IF WE WERE TO, IF WE WERE TO DO THAT, IS THAT THE END OF IT OR DOES IT GO TO CITY COUNCIL? NO, YOUR DECISION IS FINAL.
AND IS APPEALABLE THEN TO THE CIRCUIT COURT.
DOES ANYONE HAVE A MOTION? DOES ANYONE HAVE A MOTION? YEAH.
I MIGHT AS WELL GO OUT ON THE LIMB AND SAY I HAVE A MOTION THAT, THAT WE ALLOW THIS VARIANCE, UH, FOR HIM TO EXTEND THAT FENCING OUT TO, UM, I DUNNO IF WE HAVE TO PICK A ANOTHER, YOU KNOW, I THINK HE SAID HE'D BE HAPPY WITH ANOTHER EIGHT FOOT SECTION AND THEN FOR THE REST OF THE WAY AND THEN GO AND THEN DROP DOWN TO FOUR FEET THE REST OF THE WAY.
SO YOU'RE SAYING ONE, ONE MORE.
EIGHT FOOT SECTION IS SIX FOOT HIGH FENCE, WHICH WOULD TAKE HIM BASICALLY EIGHT FOOT BEYOND THE FRONT OF HIS PROPERTY.
UH, AND THEN DROP IT DOWN TO WHAT'S ALLOWED.
IT'S ACTUALLY JUST EXTENDING THE BACK FENCE JUST A LITTLE BIT FURTHER.
IF THAT'S ALL I GET, THAT'S ALL I CAN GET.
WE HAVE A MOTION AND A SECOND.
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KIM AMP? YES.OKAY, SO WE HAVE SAID WE CAN PUT ONE MORE SECTION OF EIGHT FOOT AND THE REST IS FOUR FOOT, CORRECT? YEP.
ONE MORE SECTION OF SIX FOOT OR SIX? SIX FOOT HIGH.
WELL WE CAN SHOW FOR THE RECORD THAT THE CHAMBERS WAS EMPTY.
THE CHAMBERS EMPTY FOR ANY OP OPPOSERS.
SO, UH, APPEARANCE OF CITIZENS OF 15 MINUTE TIME PERIODS PROVIDED FOR CITIZENS TO APPEAR AND EXPRESS THEIR VIEWS BEFORE THE ZONING BOARD OF APPEALS MEMBERS.
EACH CITIZENS WHO APPEARS WILL BE LIMITED TO THREE MINUTES.
NO IMMEDIATE RESPONSE WILL BE GIVEN BY THE ZONING BOARD OF APPEALS MEMBERS OR CITY STAFF MEMBERS.
SEEING NONE IS THERE, ARE THERE ANY
[V. Comments and Information from Commission Members]
COMMENTS OR INFORMATION FROM THE MEMBERS? YEAH, I THINK THAT WAS A GOOD COMPROMISE, JOEL.JACK, YOU HAVE A SECOND? I'LL SECOND CHRIS.
AND IF YOU'LL CALL THE ROLE PLEASE.
DO WE HAVE A MEETING FOR NEXT WEEK OR NEXT MONTH? YES.