Board of Zoning Appeals - Regular Meeting

and those stand to the flag of the United States of America to the republic for it stands one nation under God indivisible with liberty and justice for all. Thank you. The next item of business for we have a full board here tonight. So that side of the business is to approve the minutes from uh the 82025 meeting. Has everybody had a chance to review the minutes from that meeting? Any changes? If not, I'd entertain a motion to approve as presented.

Make a motion to approve as presented. We have a second. Second. All those in favor say I. I. Thank you very much everybody. U next item business is anybody plans on speaking at tonight's meeting. Would they please stand by Randy? stand. Raise your right hand please. You swear the testimony you present to this board tonight will be the whole truth. So help you God. Thank you.

Thank you everybody. Uh first item in business. It's old business from last month's meeting where we had two vote is a public hearing a development standing for be located within a drainage and utility video section 4.03.2 to a fence and wall location in a plan unit development district on property located at 1122. Um, yes. Actually, I'm going to turn this over to our attorney. Uh, this we did hold a public hearing uh last month on this. Um, there was a question regarding the vote because it was a majority. Um, so we'll turn it over to our attorney.

Yeah. So, in order to take action, you need to have a majority of the board. So you would needed three votes one way or the other for it to have any motion to succeeded. And if it was two two split, there's wasn't a majority and so it's my recommendation that you have the hearing again and we make consideration and then we vote again. Okay. Thank you very much. You got anything on this? Um no, the only thing um I guess so we're going to open the public hearing. Is that correct? Yes. Okay. Um I will go ahead and call Mr. count up and um to go through uh the details of the variance.

Thank you very much. Yeah, I mean you can you can summarize if you'd like since we have all the information Can I say my name? Please do. So I'm Lucell at 11:22 Stouble not too long ago.

And I guess quick question first. Joe, did you have a chance to review any of those notes? Absolutely.

So thank you all for being here. As a lifelong member of the Dan community, I'm here to present the variance that four of you have already heard in person from me. I'll just quickly go over why I believe this variance should be approved. First guideline is related to public health, safety, morals, and general welfare. I believe I meet this requirement for established precedent and verified performance. There is a permitted fence to the north of my home that already crosses the same drain ement and an identical style demonstrating community and town acceptance. This was prior to DDo enforcement. Uh my fence saying as other design is non-solid per definitions as to minimize any imped. Uh I would accept full financial responsibility for any required fence removal, repair, modification for decent access as well as we have critical verification of the fence function properly during April 2025. Historically heavy rainfall was zero drainage, impedance and water cooling confirmed by sign neighbors. my initial application on screen as I go through this as well. In terms of guideline number two, adjacent property use and value protection with meet the standard to quality materials and neighborhood consistency is a high quality black aluminum fence and rot iron style 4 and a half ft matching existing neighborhood fencing. It maintains HOA approval standards and sits one foot offset from the property line. Its non-solid design preserves drainage function in the adverse event that there was somehow water high enough to flow through the fence. And again, it's performance verified through the heavy rainfall in April, which is the highest of the last decade. Guideline number three. I believe by demonstrate clear hardship through timing and unique property circumstances. My wife and I contracted this lot in 2023 specifically for a semi-custom build with intent to fence

the entire yard. The UDO was not adopted or effective at contract signing. By June 2024, new regulations had reduced our fencable area by 55%. Which I believe that was the type that we corrected last time where it says 63. Uh the remain remaining fencable area consists primarily of a steep 10 to 16% grade uh steep enough to go sledding down. As I mentioned last time, the only remotely suit remotely level area suitable for my children ages three and a half to five months to play exist on the other side of the east. Safety risk that have been mitigated by having a fence include a 25 lb snapping turtle removed from the fence perimeter. And I think questions on that last time and I talked it over with my wife after and she was said my daughter was hesitant to put her hand through the fence because the sound of the terrible hit in the fence snapping out the fence instead of understanding. Um there is the large neighborhood dog that attacked me on moving day which was an unfortunate event that did not break the skin but from our shorts and we have confirmed coyotes in the area. So I will add a couple additional supporting information. uh some things that just happened to happen that happened to have occurred between last meeting and this meeting. Uh this is unique layout in handle. The Betty's PUB home layout has a created a unique situation in the town of Handville. It creates small lots. uh is actually has the second smallest slot size of all the init and this neighborhood and is the only that has a gment bisecting the backyard of one side of the so it's the it's the only small lot development that has a gment in the center of some of the viewers additional supporting information uh I had to confirm that there is utilities in the ement I removed a small bush in the back of my yard uh called 811 I think is the number and everybody on our

utilities. So there are no utilities even though you did calls it a drainage and utility ement. So this is just drainage. The wildlife activity has actually escalated. Uh we have had a coyote on the river playground pictured on residents back patio that does not have a fence that might have as well as destroying trash bags private trash pick up during the night. In addition to that, the large dog has also escaped again one other time. I only found this out because we're going to go load my children into the car and I see the owner with their hand around the dog collar walking back to their home. So, the wildlife hazards have not ceased. In addition, I also pulled the engineering analysis report for the neighborhood which confirms minimal drainage through my yard. Uh I believe I have a reasonable ability to interpret a lot of this information having a mechanical engineer mechanical engineering degree as well as having taken graduate level fluid mechanics courses in my time at home. So I have a packet here a map of the basin drainage for the bedroom. So you can see how they're pushing water back. So if we take a logical approach first and we look at this basin map, uh you'll see the the red outline. Oh, first the yellow star is my home. The two red triangles to the right are

the homes to the south of my house that drain toward that number 10 drainage holder. So if we look at this essentially I have the backyard of three homes that drain through my yard. So not a significant portion of the neighborhood. This isn't 66 homes. This is not a major drainage channel. It is literally half of the lots half of three lots essentially that flows through. So for reference that is not not a huge drain flow which I don't think I had any metrics or anything to show last time. Additionally if we turn the page you'll see some screen grabs and items from the actual drainage report. Uh and something worth noting is the backyards of all the drainage easements based on my understanding on a couple consultative discussions with professional engineers uh appear to be all shallow concentrated flows is how they were designed and per USDA and NRCS which are both referenced by the town of Danville storm water technical guide and the simulation software that was actually used to generate this report. the depth of that kind of analysis, the depth of water flowing cannot exceed six inches. So that's that's a hard cap for the analysis as to the depth of water flowing into the drainage. And so I have screen graphs here and you're welcome to look at all this if you'd like. Um on the addition I will add one other thing. Uh this is based on a 100 year storm event as well which is something that came in last time was a concern you had. That was one thing I wanted to make sure I had covered. Um, on the far right of this page, you'll see what I'm going to propose as

my actual final preposition is that the lowest part of the ement. I want to make sure my fence clears up by 6 in, which is the maximum allowable flow for the um methods used to develop the user. Additionally, I have done some additional math with the drainage analysis. Uh, and I guess not even math, just pulling facts from the drainage analysis. There's only 0.94 cubic feet per second that would flow through my yard in 100 years format. So, for reference, that is about six gallons per second. And you can actually use that volumetric flow and the velocity that we're given for 100 years formula to determine the cross-sectional area. I know I'll get pretty naughty here. Uh but basically the depth calculation from that pending complete verification from uh the professional engineers I've consulted with is less than 3 in. So I'm willing to put a 6 in buffer when only 3 in of flow is expected. And finally, to ensure complete protection for the community and the town, I will file a development commitment form that remains with the property title holding the town harmless should any ement work become necessary. I will assume all the cost of fence replacement under these circumstances. Additionally, I will commit to raising the bottom of the fence at post locations crossing the easement to a minimum height of 4 in and will provide a clearance of 6 in over the lowest point to ensure optimal range performance. I believe this request is reasonable given the unique topographical challenges and investment in building a home vehicle for my family. The fence serves all essential safety functions while as far as I can tell visually from experience from the math and from seeing how little actually drains through my

yard uh meets all drainage requirements. I respect respectfully request your approval and I'm prepared to answer any additional questions that come up. I did. Yes. Well, I'm sorry. I did I did watch your table on YouTube, but there were just some parts that you answered that I couldn't hear. So, between the time that you signed the agreement to buy the house and to close it, when did you actually learn about? Uh, not till after I bought the house. So, after closing. So, after closing. After closing. Yes.

And if you At the closing, if you then decided then to back out of the purchase, what kind of penalty there? Uh, at the closing, had I been aware, I would have the option to back out, but I would be out I'd have to go check the actual purchase agreement docks, but if it's not an insignificant amount of money, I do know that. And then also the six the six inch raising of the fence. Y um for drainage is a good thing. Does it does it worry you about the snapping terminal and the coyotes?

I will say not so much the coyotes. It would only be at the very bottom of the drainage ement. So, it's a very small limited opening. I have two dogs as well to help keep some of those things away. Um, but now it's certainly a possibility, but I would rather have that than having a fence and my kids trying to play outside of the fence with the given hazard. You mentioned you had a utility location. There's no utilities in there. Maybe you know a very if you wouldn't mind. Do you know how how wide that drainage is or the soil is too how how wide that is? Oh, it's a good I'm sorry.

It's a good 10 feet wide. It's a pretty shallow bench. It's not real steep slop but it's pretty wide. The entire easement is wider than that, but the drainage area that he's talking about is pretty narrow. What would happen if you would allow your fence to go to the edge of the drainage? Would that help? Does that make sense? You know, not allow take part, but only but not interfere with the ditch. Yeah. I mean,

so are you what are you what you're saying is take the fence to the point where the ditch occurs, the lowest part of the ditch the highest the highest part of the drainage. Well, that that might encompass the Yeah, it wouldn't You're right. So, that's the whole issue though. Yeah. So if you're saying that this would be on the outside of the fence, right? But but be in part to allow it to be part of because what correct me if I'm wrong, we're going to have another one of these if we approve this from the adjacent neighbor.

There are other uh residents in the area that have the same situation or similar situation. Um some have put fences up without permits. Some fences are there because they were placed there prior to the adoption of the UDO. I just I would like to make a point of clarification. I did go back uh because it was uh divulged at the meeting last month that he had applied for a permit. Uh the permit was applied for and it was rejected um because of the drainage and utility easement. Further, I would like to add that it is uh it is stated in the PUD ordinance itself that fences are not permitted within drainage and utilities. I just want to make those points of clarification.

I appreciate that. Is there a reason after you had the fence? Uh I will say yes. Uh I moved last time I handed out those documents actually, but that was where I had I was checked by a dog. I had the fence schedule materials already ordered. I had had a previous fence permit in my life inside and so I still had the disclaimer had not changed. It still said you could go across. So everything was green lights from my side. I'm all scheduled and then I get the fence permit denial back and the fence goes up almost in sync.

So you so you ordered all of your materials and plan to build your fence before you got your permit. Correct. which on the on the building construction website it had defense disclar. So at that point my full understanding was I could purchase you said that. No, no. The the fence disclaimer on the anvil

in on on the permit portal prior to the change. We had a disclaimer that let everyone know if you put a fence in an easement, it can be removed and you acknowledge that. That had not been removed from the website after the ordinance was adopted. The ordinance was adopted in February and became effective May 1st. he applied for the permit. Uh I know that the response to him was June um June like toward the end of June I believe is the date. So um so the the ordinance had been into had been in effect for probably 30 days or more.

But was the disclaimer still online at the time? Yes, it was. It was. Yes. So, you knew you had a drainage in your backyard and you saw the disclaimer that said you're not allowed to put a fence in the drainage area. The disclaimer actually said you could put a fence across. It didn't exact ex exactly say you can. It says if you put a fence in a drainage and utility easement, you are responsible for it will be removed and you are responsible for replacing it. It It does not say it's permitted. I want to clarify just a little bit on Jill's earlier question. You did not find out

about the change until after you closed and you applied for this permit. Correct. Is that correct? Okay. So, you didn't know. So, you didn't So, because I have a feeling that that would be a major default and a major defect and so I think you would have been entitled to all of your money back and you backed out of that contract, but you didn't know at the time is what you're saying. Yes. If I was a closing, that would have been legitimately a deal breaker for myself. Okay? Because we we contract, we picked the lot. So, we essentially would have just picked a different lot in the same neighborhood if there was one that we liked or we wouldn't even be

if that was the case. So my preliminary research showing that if you put a fence across a you're responsible for that because you understood that to mean if there was a problem you'd have to put the fence at your own expense which you're willing to do which I was 100% on board. I have to so you you perhaps did do you think you misunderstood what the disclaimer meant or we don't I don't know why the disclaimer sitting down after I mentioned it. So I assume that it was not correct,

but I do know the response on the permit was you can't put the the in code that anything in drainage and utility easements are at risk anyway. Um and council would have to verify that to make sure I'm accurate. I know that's how it is for legal drain easements. I don't know if it's like that for just all but typically anything in an easement is considered at risk. I just had a couple of quick questions. Um I don't know if I asked it the last time or not. Barry work here. Is there a pipe in this ement or is it just a swell?

There's there's not there's typically there's an under drain but it's a 6 in tile that's not basically located and we only locate 12 in. So there is not in this specific ditch. So there's not one in this. So what's that like circle where you had your blue arrow drawing down too? Is that is there any kind of tile or drain in there or in the structure that goes to the street? Okay. Thank you. So there's so there's no tile that goes to that. No, that's surface water that goes to that structure. Then that structure takes it to the front of the property to where all the drainage pipes are.

And then Lisa looking at the base of drawing. Is this accurate? What did you say? Because it doesn't show everything else from this direction on here. I I don't know why he's giving you Okay. Um bearing it probably. Yeah. So, yeah. What happens to lot number 10? Does it go the other direction or what? No. What are you lot 10? Is that what this is? 10 is the drain structure.

So, the structure is 10. That goes to nine and then from there it goes in the system. The red lines are kind of irrelevant on here. That's kind of confusing. So the structure there at 10 drains to structure nine. There is nothing that goes laterally behind these homes. So it bas basically picks up the surface water at the surface goes into the pipe and then ties into the storm structure at the wood. Right. My question is the blue arrow he has it shows just a few houses draining in through his property. Is that accurate or is there more? There are more. It goes further to the south. Okay, there's a turn there and then then right there at the turn there'll be another structure that picks up. Okay,

and that picks up where turns the radius heading back east. Okay, so would be drain because everybody looking at there's like a dry retention pond out along the street looking at the lot next to the to the red triangle that doesn't have anything on it. Where does that drain to? Why do you say that doesn't drain that direction? Uh, I actually walked the neighborhood to confirm this yesterday just to make sure that there's actually another drainage over. So, you're saying that way and then it's elevated. So, it does the other way. So, these go this way and then go. That's why I'm saying I have three houses that go back.

I think if you look at the topography on there, you'll see a 919. That's an elevation. And I can't really see that looks like a 918 in there. What what happens here is the neighbor has a I believe the neighbor to the east or the west has basically a pond that kind of ties into this whole thing. I know when the development was done we had them tie into an underrain that goes to the south because that pond is is not very construction is south on this map.

So but if you look it looks like the the elevations do pick up three to four houses at the most based on the top. I'd have to look at the recorded plat to or the the construction drawings to verify that. But on this, if this was pulled off the construction drawings, then those elevations do show that it goes down. The high point is basically between the star and the first triangle and that that sideyard swell is like the high point if I'm reading this right, but I'll need to look at the construction drawings that. To me, that really has not that much relevance when it comes to the defensing. The issues that we have with the fences is like he mentioned the hype off of the base. If we if if we are going to allow this, and I'm not necessarily in favor of this, but with the timing of the UDO and the timing of the fence, of all this going on, this is a tough position for him and the town. So, what I want to be clear on is if we do any kind of approval is that ultimately the responsibility lies on the homeowner. Just because there's not a utility in that ditch now doesn't mean there will be won't be one in the future because it isn't registered as a drainage and utility easement. If we ever need to put fiber in there or if we do need to put storm fiber, that's where the issues come in. And chain link fences are the worst. He's mentioned the type of fence. Don't have a problem with that. chain lead picks up leaves and he's right on the tree line. So when that drainage backs up, you know, it's not a large issue now, but when the growth of those houses, we get more tree leaves falling, it could become an issue for the drainage. And I know firsthand that one little backup can can create one pocket of water and that kills the grass and now we've got standing water. That's what this is really all about more than anything. Um, if if there were approval, I would definitely say that he would need to put his post outside the flow line of that ditch regardless because if you put the post in the flow

line of the ditch, if there was an under drain, and this has happened several times, they go right through the under drain that's two or three feet deep, then you kill all the surface range because that gives that water time to get down to that perforated tile and drain. Once they penetrate that with a post, wooden fence, or anything like that, that's that's just my two cents. you know, like I said, this is a difficult situation for for both parties. Um, but um I think the issue is we would definitely want to make any kind of approval contingent to it. Whether he's putting in or not, that this is based that the homeowner knows that if we have to come in there and tear that fence out, we give them two weeks notice. If it's not removed, it gets removed, laid on their property, they're responsible. and any pets that are inside that fenced area if they get lost that's not the town's responsibility that's one of my biggest concerns is is is that do I think this is going to affect drainage the way he's explained it no

very needed responsible that is the home if there's no if there's not a pinch down through their drainage becomes an issue if it's the homeowner because that ditch is not dedicated to the town of Danville. That is a dedicated drainage and utility easement. The maintenance of that property is still the home. So if they go back and put a rain garden in there, they go back and put le or garden back there and they block drainage, they're responsible for regrading that and get it to flow properly. And this is a flat ditch. And flat ditches have lots of problems because they don't drain well.

The town of Danville will get the phone call. We irregardless. If there was a backup and it created a flooding issue, the town would step in and help, but ultimately responsibility would be the developers responsibility. Barry, I'm sorry. At the point in time that maybe utilities would will go in that easement, does that fence come down automatically or is there only if there's a problem with the utilities?

If there's a conflict with the fence, we would we wouldn't take it down or just because it was in the way, we would try to work around it. But in a in a drainage ditch with an under drain, you just you're going to have to take part of it. There's no way to do that. The the good thing here is there's not pipe back there because if there was pipe back there, I'd be screaming up and down, no way we should do this. That's not the case here. That's neither one way or the other. My biggest issue with this situation is because I'm I'm a code guy, right? Is when you deny a permit and it gets put in anyway without permit. That is my biggest beef with this whole thing. And I understand the timing everything, but that's a disregard for our learners. And if there was a mistake made, an honest mistake, that's understandable. When you knowingly do something when you're not supposed to, I personally have a problem with that. And that's just a statement on my opinion because on code taking away, thank you for helping this.

Can I go back to Kevin's question from the board? So, if I'm looking at that that Yeah, that gold box that I see, that's the area in question, right? That's the area. Yes. And you want to put your fence on the on this side of that gold box. I want to be able to encompass the gold box. So, it's the flattest part, but it does have a a swale to it, right? Very.

It's very much. Okay. So, so then back to Kevin's question. If you were to put your fence like back back from the interior gold line but outside of the beginning of the swale, would that help you or not? So that the swale is still outside the fence of probably 10 feet or whatever saying is that part where the water actually should be running through. If the fence is on this side of it, would that help you? So, I think if I'm understanding this right, you're saying I can encourage on the train slightly. Excuse me.

There's a pointer right there. Maybe you could show on the screen what you're talking about, where you're wanting to put it.

So, right now, I'm requesting to put the fence from here all the way to the back of this whole box. So, this green area is significantly slipped. So, there's not really much like I could I could put my fence there. I could let my dogs run there. I don't care. I'm more worried about my children's safety in this case. Uh they can't really play on that significant slope outside and we just have to get it back and now they're out in the open where the wildlife inherent hazards exist on the other side of the ement. In addition, they are young and containing them would be significant. So, so if you were to put Can you put your corner on that goal on the inside like Yes. Now you come back about I don't know a third of the way or wherever the other direction.

Yeah. And put your fence like there so that the whole like the major drainage part is that still outside the fence. Would that help you at all? I think that was your question. Am I right? Yeah. I I think the best reference is where he's got it here. So you would want him to Place the edge of the fence on the high side. Yeah, on the high side where the starts. Oh, yeah. Okay. I think I understand. But on the inside, so it would still cross the It would encroach the easement but not go all the way across it. Yes. It would be on the upper edge of the part in the gold is the tree,

right? That is not the drain. The drain is totally separate from the tree. Drainment is this 15. That's kind of in between. So he would be entirely confused. So the the space in between the green box and the gold box is the is the correct way. Yes. Yeah. So like I mentioned, this is the union situation at the end of the Yeah. You know what? I really wish we did that already. I mean that's I understand. I understand. Uh and

because you know, oh now I need to do the variance problem but now yeah I understand it's saved my daughters more than once. So at the end of the day if you guys decide that the proper way to handle this is for me to move my fence then I'll have to live with that. Is there anyone here that would like to speak tonight? Just real quick.

Okay. I got two people. We both stand in radio, please. Are you one? Okay. I believe he was. Oh, okay. I didn't Okay. He was already sworn in. I didn't see some sort of testimony you give will be the whole truth will help you out. Yes. Thank you.

Thank you. Um just a a quick note of the same thing that I'm going here. Um I live at 573 away my property. I have the same type of issue going on behind my property. I have standing water because people down for me have either built a fence or put a mini barn or something. underneath. So after 20 or 30 years of Fair Creek being there, dirt has settled, silk has settled in, but it's ending up on my property and all the water standing behind my property. So that to give you an idea on down the road, this can't happen because when I asked Barry about it, you know, still being on counsel and everything else, Barry had to look at me and go, "This is kind of your problem, love." You know, so I I have to take care of that myself just like anybody else. My fence is not encroached into an easement, but I have people that either didn't get a permit or didn't put the fence in directly also and that is affecting standing water behind my house that I have to fix. So, just kind of

don't those people I mean can't the town say you have to remove your barn or you have to remove your fence or you have to like like we're saying if it problem it has to be removed understand it it has to there has to be more to it. Am I am I right? If the fence was put in legally, meaning they got a permit and it's in the east and it was done under the old ordinance, we can't go back on that. If they replace the fence and apply for a new permit, then we can say you have to move it outside of that basement.

Now, my understanding is I can't remember. Yeah, we have a drain there. So if Barry had to go in there for some reason and fix something in that drainage pipe, I think he does have we are very if they're in there fixing that, I think they have the right to say, "Hey, you guys are going to have to move this over to if they have to go in there and fix because there's more than one spot that it's holding water." But I have a I can't move for two or three weeks at a time. I'm just wait. I'll figure that out later. But no, I just just kind of wanted to tell you that I had the same problem because of [Music]

state. My name is Craig Callahan from West Main Street and I just wanted to seek clarification. First time hearing a lot of this. Um, if I understood correctly, the rules changed and the rules previous said if you put a fence up, you may be subject to remove it based on circumstances changing. It did not say you cannot put a fence up. Is that correct? That's correct. You were allowed to put a fence in an ement with the understanding that if there ever had to be work done within that easement, the fence would come out and it would be at the homeowner's expense to replace it. So, it did not say you could not, it said if

under the old ordinance. Under the old ordinance. So, when you took action, it was the if, not you cannot.

He had been denied a building permit. And just to clarify that because I want you to more work off of the clear record while the general UDO had that. So your general zoning ordinance had that restriction in it. When you have a PUD that is a zoning ordinance, right? That is a map change. While the website may have had said that the PUD itself says no fences or walls shall be allowed in any drainage or utility ement on any lot. Fences have also comply with towns DL important. So this is when the Betty PD was established to see when it was. So it looks like it was 2021.

Yes. Is when that PD was passed. So in answer to your question, if you're looking solely at the website, yes, public is expected to go to. Well, I don't know. But the zoning for this development, the P, so PB is a planned unit development. So this entire development or neighborhood was zoned to be complied with this document that was passed and the developer in that PUD said no fences will be allowed in the drainage. So that communication between the developer and the town, would a homeowner have access to that? I don't.

Sir, can you speak into the microphone, please? I'm just just trying to clarify how a person would have access to what you just shared. I I would hope that the developer gave them a copy of that PUD ordinance. Um I don't know if that was the case, but so in his good faith effort, he went to the town website where he saw that if you build a fence, you're going to have to remove a statement. He saw the disclaimer that yes.

I'm just trying to clarify that because it seems important to me. Yeah, I I just I just want I want to recclarify what the the attorney just said. They had written that into their PUB in 2021, but the was it the status of that area wasn't a a drainage easement before and then it became one after like when the PUD was adopted that it's an ordinance. It's an actual ordinance just like um just like he stated. It's like we have the unified development ordinance and if there's a PUD they have their own separate ordinance. Okay.

So that ordinance dictates what happens within that development. Once they go through the zoning to adopt that ordinance then they go through development plan and they go through all the drainage design. So I don't know if that answers your question but the drainage wasn't in place at the time they created the UD or the U. the drainage. So, the drainage went in between the time you contracted and closed on your house. The the drainage was already there. They can't

they have to do all the site work before they can record a flat and pull the building from it. So, the drainage was there. The swale was there. All of the piping was there. Um because they can't record a plat until that work is all done. It's not a it's not a buildable truck until they do that. So what was the change that happened that we had been discussing that happened between the time he contracted his

the change that happened is in the town zoning ordinance we did not we allowed fences in permits as long as you you were aware that it could be removed in May 1st of 2024 the new UDO went into effect which said you cannot even put a fence in a basement but I think where everybody's is getting confused is the disclaimer that was on our website was not removed and as I understand from the record that's where he took his information from and took action right but he also was denied a permit

I understand knowing there's a variance process or appeals process or something I'm not familiar with I just want to get the if statement that's clarification thank you very much this time the public discussion. At this time motion [Music] Can I ask one more question? Can I ask one more question? This seems ridiculous, but if he was if he's denied his variance or it doesn't happen and he take he has to take down his fence. Can can he come back later reapply for the variance and after fence is gone like he's starting over before we put a visit with the fence or not? You mean reapply for the fence permit in the new location

or you say apply back to the board and say look I screwed up I shouldn't put that fence up now I'm going to ask for the variance again and then he gives variance and then he gives his permit is that even possible or is it dead after this? So if your determination is that the variance is denied then that means on this fact set where this fence is built and the obstruction into that easement that that is your there will never be there.

I have to say I appreciate this you're speaking my language and this kind of stuff so I understand. granted. Um, did you have Nathan White do this? Okay. I said benchmark. So, Nathan did the development. I gave I sent him a copy of the drainage.

That's where he obtained that. I move approve the variance petition petition 2025. 5-2250 to allow a fence to be located within a drainage and utility easement in the PUB zoning district. This petition has excuse me satisfy the requirements for variances under state law for the following reason. Number one, the approval will not be injurious to the public health, safety, morals, and general welfare of the community for the reasons stated in the petitioner's proposed binding act. Number two, the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner for the reasons stated in the petitioner's proposed planning. And number three, the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property and the reason stated in the petitioner's proposed finding effect. And this um has the conditions that the petitioner will raise his fence six inches to facilitate drainage and that he will also comply with removing the fence if there is any need to for any reasons affecting.

You have a motion. You have a second [Music] motion for the lack of a second. Motion for lack of a second. Motion for a lack of a second.

Thank you very much. So ju just to make the record clear though given the history of this one I would recommend um an official action to deny the variance if so at this time I'd entertain a motion to deny this variance move a second. All those in favor say I. Should have roll call, please. Um I I don't think I didn't hear any objections to it, but I mean that's up to the chair. Okay. So, let's go a couple

motion. So, okay. Thank you. I I I motion carries 550. Thank you very much.

And next item of business is a development standard variance to allow access to the principal structure section 4.02 structure on general standards in a residential urban area zoning district on property located at 74 street. Uh yes, this petition is for um uh the petitioner is wanting to build a garage, an accessory garage. They happen to have two lots um in this subdivision. It's part of Morgan's Addition. Um and the one lot is is on the corner, which is where they're wanting to place the accessory structure. There is currently an accessory building there. Um now, I am not sure exactly uh when that was uh placed. I think at the time of the home uh which was in the 20s I believe. Um this technically you cannot put up an accessory prior to a principal. Uh they are wanting to do this. They're going to use this for garage storage cars and and what have you. But what I would like to do is ask the petitioner to come up and present their case.

Hi, my name is Ellis and um My fiance and I just moved from Alaska uh this summer. It's been our aim to purchase a historical home and we have spent the entire summer remodeling it. And uh part of the process is we wanted to add a garage that could house both of our vehicles. Um the current garage up there is extremely old. Uh could probably fit a golf cart in there. Um, when we purchased the home, we uh we weren't aware of the of the var of the the variances with apartments and stuff for building garage. So once we got into the process, um we feel that the garage that we want to add to it, it would tie into the existing uh driveway. It would just be uh on the other side. And the way that our house is currently with the age we feel with the two lots, if we brought it over the lot line to the house being that the from 1919. It would look pretty it would hurt the timeless era of the house. Um we did meet we believe all the uh setbacks and um so the variance uh would just be that we would be adding a garage prior to principal. We don't have any intent of selling that lot separately and we didn't fall in love with animal. So there

they probably could have um and and what could actually happen if someone wanted to convert this garage into a residence, they probably could. um you know just to go through the proper permits but as she said I I really don't think the law is conducive to a residence there would be tight. They did try to move the garage to where it could straddle the property line because if they do that then that in essence combines those two lots but it was too close to the home. So, you know, so they tried to do that to avoid asking for a variance, but I I think once they construct this as a garage, it's probably going to remain that way.

Has there been any thought that can is it possible to just combine the two laws to make them? They could do that. Yes. And and that was explained to them that involves hiring a civil engineer and replatting and and you know, so that this was maybe the path of least resistance. Thank you very much. At this time, I'll open it to the public for any comments.

This time I'll close the public meeting for any discussion or entertain. I move that we approve the variant saw by Miss DLS and Kevin Kinsky petitioner in BZA petition 2025-2251 to allow an accessory structure prior to a principal use on parcel. This petition has satisfied the requirements for variances under state law for the reasons stated in the petitioner's proposed findings of fact and the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner for the reason state and the petitioner's proposed findings of fact and the strict strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property for the reason the petitioner's proposed funding.

At this time, I have a motion. Do I have a second? Second. Have a second. If you would please. Randy. Hi. Tracy. Hi, Kevin. I for the decision. Thank you very much. Next month. Um application deadline is this Friday. So I don't do not know I have not spoken with anyone. So I don't anticipate any new applications. So second in favor say I.

Thank you very much. Ready?