Planning Commission - Regular Meeting

Tuesday, October 28, 2025

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
Aiken, SC
Meeting Date
October 28, 2025

Transcript

61 sections (from 205 segments)

8:13Speaker 1

Is that loud enough to hear?

8:16 – 9:29Speaker 1

Okay. Welcome to the board of zoning appeals today. Notice to the public that the time, date, place, and agenda of the meeting was given by publishing a legal notice in the October 3rd, 2025 Aken Standard. Notice to contiguous property owners was mailed and public notice signs posted on the properties where action by the board was requested on or before October the 3rd of 2025. Also, notices of the meeting were sent on or by October 24th, 2025 for posting on the city web page and to the city clerk for posting on the municipal building notice board at least 24 hours before the meeting. Agenda sheets were mailed or emailed to interested parties. It is unlawful for any person giving testimony to this board to knowingly provide false information according to section 22-9 of the Aken Municipal Code. Each infraction is a separate offense with a penalty of up to 30 days in jail, excuse me, and an and or a $1,92.50 fine.

9:27 – 10:11Speaker 1

Okay. Is that what I do? Yeah. Okay. And I did read the minutes. Okay. Does anybody have a um um an addition to the minutes of the of the board of une September meeting? Okay. I guess we are in order then and we are Yes. Would someone like to make a motion to approve the minutes? I just did. Okay.

10:10 – 10:52Speaker 1

I'll second. Any questions? Okay. All in all in favor raise your hand. You weren't here. I was okay. [laughter] That was too long. Remember meeting is approved. Okay, now I have to read the green. Where's the green one? Here. Okay. Notice to the public at of the time. I've already done that. I did. I really Oh my gosh. Maybe y'all ought to dismiss me. Okay. September meeting. New business. Old business. The final order is being circulated.

10:51 – 11:06Speaker 1

So, yeah, the final orders have already been circulated. Everybody's already signed them. Okay. So all we have now is the new business, right? Where is that? Application 26-93-00003.

11:09Speaker 1

You want to present anything to us? Yep, sure. Whoop. Just give me one second. Where is it?

11:16 – 13:14Speaker 1

Starts with the green page. Um and um notice of this um meeting was was posted on the property and um we did not receive any comments regarding the request. Um the subject property 126 Boulevard is a 0.21 acre lot in the Sandstone neighborhood of the city located on the south side of the city. Uh the request is for a variance to city of Aken zoning ordinance section 4.1.4.6. C to permit an approximate 8ft tall fence in the rear yard of the property. Pursuant to section 4.1.4 C of the city of Aken zoning ordinance um in non-historic residential districts, no fence or wall on any portion of the lot may exceed 6 ft in height. That's pursuant to ordinance uh 021420005. Um the lot in question is rectangular in shape, is approximately 125 feet feet deep and approximately 75 ft wide. Uh the primary structure is separated from the rear property line by approximately 37 ft. Uh the primary structure on the adjoining lot to the rear of the applicant's property is approximately 54t from the rear property line and is a two-story structure. Um there is a contour line present um basically indicating an elevation of 485 ft that runs through the middle of the property and there is minor topographic change and sloping in the immediate area. Uh the applicants as well as the neighboring property to the east appear to sit at the low point of the topography in the immediate area of the subdivision. uh information information provided by the applicant about the request as well as an approximate site plan are containing exhibit A and B of your agenda packet. This was submitted by the

13:10 – 15:08Speaker 1

applicant. Um basically illustrating the the portion of the yard that will have the [snorts] 8ft fence. Basically, it's the entirety of the rear property line and then this sort of portion on either side of the west and east of the property. I believe this will be remain six feet um sort of at the entrance to the to the yard there. This is fronting sandstone uh sandstone. Um so yeah, this is the the roadway here and this is the rear yard. Uh fencing um on the on the property appears to have been unaltered since the applicant purchased the property. Believe they purchased it in either 2004, 2005. Um since that time there's also um appears to have been no significant changes to the primary structure, the shape and dimensions of the lot or the topography. Um the configuration of the lot and location of the primary structure all predate the applicant's ownership of the property. I believe this was a reconstruction of a home that was initially built in the subdivision. I believe there was there was a fire or some some damage to the original structure. Um, so this is new construction um in a pre-existing development, but that construction predates the owner's applic uh, excuse me, the applicant's ownership of the property. Um, as depicted on this attached zoning map here, um, that's an exhibit C of your agenda packet. Adjacent properties are also zone planned residential. That's PR basically this entirety of this this area. Um, and they are primarily developed as detached single family residential dwellings. There is some, I think, single family attached in here. Um but yeah, at least in this portion of the subdivision, it's primarily single family detached residential dwellings. Um exhibit D of your agenda packet contains photographs of the property taken by staff depicting the existing conditions of the property. This is just our notice here. Um it's a little hard to tell from these these

15:07 – 17:07Speaker 1

photos. I should have gotten a little bit lower to the ground, but um you can see there is some some sloping in the area and this sort of slopes downward towards the applicant's property. The sort of the crest of the hill is um up in this area. This a picture of the front of the property as you can kind of see there is that topography here. Um and this this property as well as the neighboring property here um as I mentioned appear to sort of sit in a sort of like lower bowl um at the at the top of the the hill there of the subdivision. Um again this is just kind of trying to illustrate that it is slight but there is a you know change in elevation from the top of the hill. this home here, which is their neighbor to the west, I believe, um, you know, sits a bit higher um, than they are, and it sort of slopes downward as you proceed east on Sandstone Boulevard. Um, again, just kind of trying to illustrate that this is sort of sloping downward here. So, this this is a bit higher relative to the applicant's property. Um, this is just trying to illustrate the the nature of the home to the rear. Um, again, it does sit quite a bit higher than than the applicant's property. I'm not sure if they are in an increased elevation back there. I didn't go back on that street, but it is a two-story structure. So, um, again, it does appear to sit a bit higher than than the applicant's property. Um, and this is a picture of the existing fence conditions. Again, you can kind of see, I believe this fence, this existing fence is six feet. Um but you can kind of see that that height discrepancy here as well um between the front of the yard and the rear of the yard. Um the planning staff's evaluation of the request as well as well as the applicant's response to the required six variance criteria can be found starting at page two of your agenda packet. This concludes staff's presentation. Happy to answer any questions.

17:08 – 17:51Speaker 1

I have a question. the existing fence, is that on the property line? [clears throat] Difficult to say. Um I would expect it's it's close. Um if not, but yeah, it's it's hard for us to verify. Um you know, we don't issue fence permits. Presumably when the the um the home was built um you know, they they had they were aware of their setbacks and property lines. So, I assume that they're it's, you know, on on or slightly, you know, inward from their property line, but I'm not I'm not 100% sure.

17:45 – 18:00Speaker 1

And on the grade from the existing lot, the the Reeds lot to the house behind them.

17:56 – 19:07Speaker 1

How much of a increase is that? Yeah, I believe it it um it's I think it's probably around five or 10 feet um overall, but yeah, it appears um and I apologize I didn't include this in here, but we do have a contour layer, a five foot contour layer, and basically kind of it bisects the the lot here. Um so yeah, it appears that it slopes downward kind of going in this direction. Um and they're at about 485 ft here. But yeah, the other contour lines were sort of kind of up in here and they're they're spaced about five feet apart. Um, we do have 10 foot contours too, but generally, you know, the five foot are a little bit more illustrative of the of the slope change. Um, but yeah, basically that that contour runs right through their property line. Um, so there is some, you know, elevation change across the property. Max, I drove by [clears throat] and um I couldn't re I drove on the other street, you know, that backs up to this one and this one and I couldn't really see, but it looks like there was no vegetation in the backyard at all.

19:05 – 19:59Speaker 1

Yeah, that appears to be the case from the at least this aerial as well. Um presumably that has something to do with the the nature of the recent construction of the home. Um I'm not sure why. Um, I mean, you can kind of tell here that at least some of these neighboring properties have some mature trees. Um, but yeah, I suspect that there was probably some clearing as a result of of rebuilding the home. Um, yeah, back in I think it was either 24 or earlier this year. But it's it's new construction. It's it's um it's not the original home subdivision. Would would there be any ordinance governing a natural fence shrubs or anything the height wise?

19:57 – 20:44Speaker 1

Yeah. So as far as vegetation is concerned um that is not something that's regulated by the ordinance uh you know as as far as like a maximum or minimum height. Now there are some standards for um commercial development um some standards for uh maintaining a sight triangle in like corner lots. Um but yeah there there wouldn't necessarily be a height limitation for example for example vegetation along the the perimeter of this. Yeah. That could basically grow as as tall as it'll grow. Yeah. Any other questions?

20:43 – 20:54Speaker 1

One more. And the proposed higher fence, the proposed fence, how much of the lot would that surround?

20:53 – 21:37Speaker 1

Yeah. Um I don't believe it's the entirety. I mean, it's it's most of it. It appears from their their site plan. Um I had the number in there. I think it's around 150 ft. Um so you have 75 on the back line here that would be entirely eight foot. Then you have a 50 foot portion of the sideyard. Um, keeping in mind that this is also technically sideyard. This this portion here, I believe it appears that they're going to retain six foot on that sort of entryway. Um, or rather as you look north. Um, but yeah, so 75 plus 50 plus 50, which is 175, excuse me, not 150 there. almost all of it except for I guess you know technically they could go up to here.

21:35 – 22:07Speaker 1

Yeah, by law they could come out to the front. They could come out to Yeah, exactly. Yeah. And actually probably even even here um if that garage is sticks out that far there. So yeah, I mean theoretically they could go out out to here. So, it is, you know, maybe I don't know, not quite maybe a little under 50% of their a little bit over, excuse me, 50% of what they could be allotted as far as a front yard fence. Um, but yeah, it looks like it's primarily, you know, reserved to the backyard, so to speak.

22:10 – 22:51Speaker 1

Max, I had one question. Um, does planning investigate if there's any HOA CCNRs that are in place? I know I understand what what outweighs what, but I'm just curious if that if that's looked up or referenced. Yeah. Um, it's it's on the the it's the responsibility of the applicant to be aware of any other additional restrictions. Um, we do have a section in the application um where they basically state that they're aware of any additional requirements. um for example levied by an HOA. But yeah, basically it's it's up to the applicant to secure any sort of additional permission from from the HOA.

22:48 – 23:33Speaker 1

So it's accurate that regardless of how we rule today, there's still an HOA potentially if there is one in existence that there would be restrictions potentially on this aside from I don't think there is an HOA. Yeah, theoretically. Yeah. But again, that would be up to the HOAPlicant to to enforce or you know seek that permission. Yeah. Okay. Any other questions for the applicant to come? Okay. No questions here. Okay. The applicant like to come forward and answer some questions.

23:32 – 23:59Speaker 1

State your name. And my name is Jake Reid. Jake what? Jake Reid. Reed. Okay. Good. Yes, ma'am. Okay. And you live at 126, right? Yes, ma'am. You have any question? Any Anybody have specific questions to ask or you want him just to give us some information? Okay, lay it on us. [laughter]

23:57 – 24:21Speaker 1

Did a great job summing it up there. We're just basically we're needing to replace the back fence already. It's got holes in it. Um there's been dogs come in that we didn't want in there and um rather than putting a six foot fence up because of that elevation change in the backyard. Sorry. We were uh we were wanting to go ahead and go for an 8 foot try to create more privacy for our kids and my wife out there. So that's you're higher up than they are.

24:19 – 24:57Speaker 1

We're lower we're lower than our our rear neighbors. So um we [snorts] we figured that would kind of help with you know kind of having a more private backyard and being able to spend up spend time out there. So, um, but yes, to kind of confirm it there, the side fences, we weren't planning on changing the the face of those side fences up to 8 foot. We were going to leave those at six foot and then just make the the rear fence there, the side side fences that go front to rear and then that rear fence be 8 foot. Have you talked to your immediate neighbors about this?

24:53 – 25:37Speaker 1

Uh, yes. So, we um so Jamie on our our right side there um they're great with it. We actually came to him a few months ago because we wanted to go ahead and repair the fence and we talked about maybe going in halves like me and my son would do the work and maybe he'd help with supplies and then Yla over here, she's great. She's fine with everything too. Um I had approached our rear neighbor um about just generally replacing the fence and that's when he had discussed he his words were that's y'all's fence. Y'all can do with what you want. So I think he's thinking it's on our side of the property. So that's kind of where the conversation stopped there. So then we went after 8 foot fence, you know, to since we felt like we could make the call. So

25:34 – 26:08Speaker 1

So it's 8 what foot fence on the front side and on the sides and the back. Um so yeah, if you're if you're looking at the house straight on, we're basically saying that the what you would see from the road would stay six foot, but then the two side fences that go from away from you would be 8 foot and then the rear fence would be eight foot. Okay. So the front closest to the house is six. Yes, ma'am. Okay. Yes, ma'am. Why do you feel like you need this on the sides? Um their topography and yours is about the same.

26:05 – 27:09Speaker 1

Um ju just the big thing is just when we're building such a tall fence, we wanted to tie it all together for strength. Um don't know a whole lot about fences, but I'm just think it'd be stronger to go ahead and carry it on. And on Yla's side, that's actually a newer fence. It's not It doesn't need to be replaced all the way. It's about three/4ers brand new. The last quarter of it is um old is from from before this new fence came up. So what we were figuring there is we would start at about where that old fence starts and come up to the rear fence to 8 foot so we could make it stronger there. But the Jamie's side, what what I'm calling the right side when you're looking at the house, it's actually leaned over in our yard. It's about to fall down. So we have to replace that whole thing anyway. So, we figured go ahead and get the okay if it if it comes out to it, we'd get the okay to replace all of that in case, but more than likely on Laya side, we'd probably just replace what's old just because money, you know, just save a little money there.

27:05 – 27:20Speaker 1

Have you thought of using natural planting some plants that uh would be pretty fast growing and fill in pretty full? Have you thought about that?

27:17 – 27:57Speaker 1

So, yes, sir. So we my my wife loves growing things like that's her things that's her hobby. Um and that's kind of the idea we would we would want to build planters and and above ground garden beds and um one of the things there is just if we were to do that our backyard's pretty small so we would have something that would create privacy eating up all that space and then we wouldn't have so much space to grow you know say vegetables or flowers or whatever she's want to grow in. So, we're hoping to go ahead and stay as close to the our line as we could so we get more yard space to grow stuff in.

27:54 – 28:36Speaker 1

Madame Chairman, I had a question. Um, [snorts] so it looks like uh in 2024 or you purchased the property and then built in 2025. Is that correct? Uh, no, we actually purchased it four months ago in June. Oh, okay. Yeah. So, did you you purchased the lot? It was you didn't build uh it was it was built like we were rushing him to get it. So basically we moved here found the house to it and then he wasn't quite done with it. So he's finished it in 30 days and we moved in. I mean we're it was all a big rush. So Okay. So you it wasn't a a raw lot or something that previously had a fence. You were coming into really a new construction home. There was no fencing. There was some fencing.

28:34 – 29:17Speaker 1

Um okay. Okay. So, there was some So, basically the two um what I'm calling the side fences, the face of the property that you'd see from the road. Yeah, those two. I built those when we moved in [clears throat] because those weren't there and we have dogs. Um the bottom one was was up. Well, all all the rest of the fences were up, but they were they're in the shape they're in now. They were falling down. Right. We basically just I mean I've nailed pieces of shelving and fence and everything up to keep dogs out and keep dogs in to keep it together for now. So understood. Okay. Thank you. So when you moved in, did you ask about fence heights and um did you know you wanted to go higher or

29:15 – 29:58Speaker 1

We did not. No, we did not. We uh when we moved in, just be honest, we uh we definitely felt like it was a God thing. So we dropped everything we knew in Arkansas and moved here and didn't look back. So when we found a house that we liked, we just moved in it. And then um from there we started kind of noticing because we're we're from the country. I mean we didn't we had you know a huge pasture besides we weren't used to neighbor neighbors. So once we got moved in there and started living in a community, we started noticing well my wife's feeling a little weird like people are watching her and you know my son's out there playing. He's jumping on the trampoline seeing everybody you know. So we figured it would be better if we could get it. It would be better to go ahead and make it a little taller, make it a little more private. So,

29:56 – 30:38Speaker 1

and when you purchased it, did you go through a closing? Were you presented with any HOA or CCNR uh documents? Yes. Yeah. Yep. Um Yes. So, uh Pat Pinker is our HOA person. Um and we we met her before we moved in and um went over the covenants. Is that the word it is? Yeah. Um and then we touched base with her about this project here. Um, but yeah, I believe if I remember right, we actually couldn't move our fence forward if we wanted to because of those HOA covenants. I think they have one for um keeping the height at six foot or it's either keeping the height at six foot or you can't go any further forward up the house.

30:36 – 31:16Speaker 1

Yeah, it's probably both just for the sake of the front plane of the home. It has to stay in alignment with that. But typically, they do also have an architectural review that it has to maintain in a certain height. Gotcha. So, I wasn't sure if that was something that you'd already consulted with them. Again, those are separate issues, but that that could be also an issue. Um, regardless of how we rule for Yeah. Any other questions? Yeah, I've got a question. Uh, Mr. Reid, so the the entire existing fence is on your property and is considered yours, correct?

31:14 – 31:53Speaker 1

Yes. Oh, let me back up. the side on uh the high side of this drawing here, that's Jaime's side. The survey says that all the fences are on the line, but talking to Jamie, we're basically saying that it's both of ours. Just just kind of a gentleman's that's both of our fence kind of thing. As far as getting a survey done today and saying where does this fence land, we have not done that. So, but since you're both on it and you're okay with Yeah. Yeah. We're just I mean if everybody's happy, we're happy kind of thing. So Okay, cool.

31:50 – 32:05Speaker 1

So what would you say since the city didn't have anything concrete on this? What would you say the elevation difference to your rear neighbor back door is? It's a good question.

32:03 – 32:58Speaker 1

From your deck. So, I would say like our our kitchen table is just inside that back deck and when we're sitting at it, we're looking up into their um sliding glass door. So, man, I would guess it's probably I would guess it's probably maybe five or six feet something from our back door to around where their back porch is. Something like that. It may be a little higher. Yeah. Okay. I was just struggling to find uh hard hardship that we can try to or that I can at least try to grant uh a variance to the city code of of six feet. I'm certainly sympathetic to your plight. You did move into a neighborhood. What what are those about third acre lots? How

32:57 – 33:13Speaker 1

quarter quarter? Okay. Um, so you've unfortunately moved into a very tight, small, even subtle changes in topography unfortunately are going to be noticed.

33:10 – 33:56Speaker 1

Um, I don't know that 5T in my mind grants true hardship. Now, if you had somebody truly, you know, 10, 15, 20 feet elevation above you, that that um in my mind might might weigh on a factor to try to figure out some sort of uh aggravating factor to uh for me anyway to come up with something to give you a variance on. As I said, I'm sympathetic. I uh I I get you've moved into a place, especially coming from the country that you you were at that third acre lot. You got everyone on all sides. Hey, hey, what's what's cooking? Yeah, I can smell it. Yeah, come on over.

33:53 – 34:19Speaker 1

Um but unfortunately, that's kind of where you're at. And I'm I'm just trying to be upfront. I'm struggling coming up with the hardship part even though I'm sympathetic. our job is to find out somewhere in the code that you're being unduly um punished for adhering to the variance and um uh that's where I'm struggling

34:17 – 34:57Speaker 1

okay I have to agree with my fellow board member I'm I'm you know we have criteria that we do have to meet um I lived in a very similar neighborhood myself had similar uh issues and I got some fast growing um foliage and you know lined my fence um for that very reason and it it was a good solution. Um it's not super fast but it it will um help provide that. So I just wanted to piggy back on I'm I'm in a similar thinking and I do I'm very sympathetic [laughter] because I I've been there.

34:54 – 35:39Speaker 1

I I I've got to to dubtail onto that point. I've got a neighbor to to my side that I've planted some cedars on that and those things probably grow a couple feet a year. So, it's not quite as long. I mean, it it can happen quickly, but um 10 understand it for that one. It just goes back to space. We're just we're struggling for space there. Yeah, as they come up, they come out and they they will they will come out some, but choose choose your uh choose your battle or choose your poison and what the privacy or losing a little planting space. Uh you probably have to make that decision. Um but um there are just trying to point out some other options that that can work.

35:40 – 36:04Speaker 1

Okay. Anybody else? [clears throat] Well, I don't see any way that you meet the criteria, but I wanted to tell you we had a a lot behind us and you could not go from their lot to my lot at all. You could not. It was so tall you would have had to have a ladder and we had the swimming pool and they were up above us being able to see.

36:02 – 36:38Speaker 1

So, that knocked us out of doing any skinny dipping. I'm just kidding [laughter] about that. But, um, we I wish I could remember. My husband's deceased, so I can't ask him. But we bought a really fast growing tree. We lined the whole backyard with it. And it was like we had a fence back there. We had a little chain link 4 foot fence. And that those things just grew. And then our neighbors came. Arborvite is very fast growing and full. What is that? It's an evergreen. I know. What is it though again? Arborvite.

36:36 – 37:20Speaker 1

Arborvite. Okay. And then our neighbors came over and they didn't like that we could see them grilling in their yard. So, um, and I never watched over there, but they then they asked me what kind of trees did we put in and they put those in on their property. So, we couldn't see into their property. Little did they know, we never looked in their property, but [laughter] it made them feel better. But, I like the idea of some vegetation for the Will I have a question to the city? Will public safety or the fire department have to approve this fence?

37:16 – 37:58Speaker 1

Um, not to my knowledge. Um, yeah, we don't issue fence permits in the city. So, um, yeah, to my knowledge they wouldn't review that. Now, I suppose you could condition that. Um, but I'm not sure how much they would get involved in that. Typically they're they're looking at yeah structures. I I actually or roof structures I should say. Sparked a question to the city as well. Can can refresh my memory on fence height? Can can planters and stuff like that mounted on top of the fence? Is that does that tie into the overall fence height or how can't quite remember how we how we judge that.

37:57 – 38:42Speaker 1

Yeah, I think that's a little bit of a gray area. Um it doesn't explicitly kind of go into that that detail. That's what this man needs is gray area. Yeah. Um [laughter] yeah, I know there has been some discussion about for example, you know, elevating there is a there is a ratio that the the the post is allowed to be slightly over the support post. Right. Right. Um I think some people have like, you know, done wire across that and then had like a vine. Um, so that kind of gets into a more vegetative versus kind of gives you a vegetative extension platform to work off of. So, um, yeah, typically that's that hasn't been an issue. Um, it's real more kind of like a sort of fence material,

38:41 – 39:09Speaker 1

right? That gets into that height restriction, right? Yeah. Thanks. Just don't plant kudzu. [laughter] I learned with that word. Okay. What am I supposed to do next? Ask if anybody else has any more questions. Does anybody else have any more questions? [laughter] I guess not then. Okay. Do I hear a motion?

39:06 – 39:50Speaker 1

Do I hear a motion? I hate to do this, but I make a motion that this um what is the number of it? uh application 26-93003 um be denied due to the fact that the criteria are not met and particularly item number two no three excuse me three four five and we have to have all the criteria met in order to approve this and I hate to do that but

39:47 – 40:14Speaker 1

would I be able to ask a question about Not at the present time. We need to get another motion and then we can do Okay. I'll I'll second that motion. Okay. Discussion. Any discussion? I mean, I suppose you could Yeah. Provide provide additional context.

40:11 – 40:55Speaker 1

What would you like to say? Um, so in the sandstone community, same same HOA that's just I mean I would guess maybe 500 feet over. There's a lady there that lives there with a young child that has an 8ft fence that recently was built. She's on a level lot. So her neighbors are level with her. And I guess I just wonder how she was approved and this was denied. She wasn't approved. Yeah, there's probably a good chance that it was built and not approved and perhaps the city could speak to this. Um, there's usually a unit that

40:53 – 41:30Speaker 1

flags those things. Um, she had provided this way of getting it. She said that she had went through this process to get it. So, I guess that goes back to the city. If we have a precedent that was set for that neighborhood, just because one is a precedent, it's not an application I'm familiar with. Certainly look into it. Um, you know, I mean, higher offenses have been issued in the past, but yeah, typically it's it's a case by case basis. Um, so, but I'm not I'm not familiar with that application. Did she actually show the like was it sort of just a conversation or did she say like, "Here's all the documentation."

41:28 – 42:03Speaker 1

So, um, reached out to Pat in HOA and said, "Hey, we're thinking about getting a fence." And she said, "Well, you shouldn't have any trouble." And she gave a name and the lady's um, phone number. And so I talked to her and she said that she had this is the process she used. She had someone build her fence and the builder um obtained the permit to get it put up. So there's no permitting right for fences. Yeah. I mean this this could have been something that that occurred you know some time ago. I'm not sure but yeah at this point we don't know recently without our knowledge.

42:00 – 42:23Speaker 1

Yeah that does happen sometimes too. Um, you know, unfortunately sometimes either somebody has to notice it or or the zoning official has to kind of catch them as they're sort of building the fence um or notice it while they're building the fence. But yeah, um we don't issue fence permits. So, so that's where I'm kind of confused about.

42:21 – 42:48Speaker 1

Yeah, it may have been an application that was, you know, kind of in the past and that had been done that way. I mean, I'm not sure what the zoning ordinance said pre 2000. It's possible that there were fence permits required um and you could go up to eight feet with with a permit being issued. I'm not sure. It sounds like it might be a newer fence, but um it's not an application that I'm familiar with. So, but we could definitely look into that. Um

42:46 – 43:29Speaker 1

because if I mean, if he were to represent based on previous president, you know, the remind me again what the what the waiting time is to reapply if there were grounds to do so. Yeah. So, um if if an application is denied, they are the applicant is procluded from submitting the exact same application um within a year's time. Um but yeah, I mean if there was a you know change to the application um for example only doing 160 ft I guess for example or 170. I mean it kind of just depends on what degree that's significant.

43:26 – 43:42Speaker 1

Yeah. Um but yeah, technically they they wouldn't be allowed to submit the exact same request, right? Um if if the application's denied, but yeah, they could they could modify it um and and come back theoretically. Yeah.

43:40 – 44:31Speaker 1

So it sounds like it's it would be dependent upon when she made the application. It could be pre this board because of course we haven't been here forever. It's changed. Um it could be it could have been a different board possibly. Uh, I think that that's a fair statement depending on when she applied, but the thing that makes me a little bit concerned is that there was the the fence contractor applied for a permit which aren't issue like so there might be a little bit of a gap. Um, and it might just be a situation where and we've seen it before. Um, applicants have relied on a vendor and they say we'll take care of it and we've seen them come before us when the the fact was that the vendor misspoke or was not informed. We've seen that before. I'm not saying that that's the case, but I just want to make sure you have all the accurate information, especially since you're new to the area.

44:30 – 45:14Speaker 1

Um, you know, and it could be a situation where she hasn't been flagged yet. Possibly we might see that on the docket. And so, um, have you arranged for a [clears throat] contractor or to put this fence in? Have you purchased any lumber yet? We actually had planned on putting it up pretty quick and then we thought, well, if it's possible to get 8 foot, we've stopped. So, we're waiting about a month and a half to do it and have not bought anything. We were going to do the work oursel. Yeah. Okay. So, what are the suggestions? What should what? Well, we have We got to call for a vote here.

45:13 – 45:24Speaker 1

Need to call for a vote. Okay. All in Let's see. All in favor of um approving this motion, raise your hand, please.

45:27 – 46:07Speaker 1

Approved. Okay. Now what happens? The motion was approved to deny. Okay. But he can go to what? What we've got to change a plan, come up with something different or he can just follow the regulations. Yeah. Yeah. this at this point it would have to um be a sixoot fence um unless again you modify the the plan um yeah theoretically re reapply for this but and you will see 8 foot fences in the historic district you'll see them in various places just not in your [clears throat] neighborhood

46:06 – 46:49Speaker 1

well I see them in my neighborhood though that's but yeah I understand I understand what you're saying I appreciate you not just going ahead and putting it up you know and then waiting to get permission later. Um, I appreciate that doing the right thing. So, appreciate that very much. We had a lady here not too long ago. She built a gate and it was too high and she had to take it back down. So, better to have preapproval. So, do I need to take a vote on that or No, we're good. We're good. I'm sorry. Okay. For the meeting. Any other questions or anything we need to take care of? Um, no. You just just call for adjournment.

46:46 – 47:02Speaker 1

Okay, everybody ready? Meeting is now adjourned. Motion to end the meeting. Second that. [laughter] Let's go. Yep. Were those your glasses? I don't know. I

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