Planning - Regular Meeting

Ready? We'll call roll call in. We're ready. Here. Here.

Right. Need a motion to approve minutes from 12:16. So move. Second. Second. All right. Now, number one, William Perkins.

Mr. Chair. Yes. First meeting of the year, we need to nominate. I'd like to nominate you for chair and Rick for co chair.

Second.

Boy, that was awful quick.

Is that good enough?

Do we

have to vote on it?

Probably need to vote.

Alright. Let's have a vote on that. All in favor of that say aye. Aye. Okay. Thank you. Now, mister Perkins. You're welcome. Thank you, Kevin, for keeping me straight. I appreciate that. I really do. Tell us what's going on.

Just wanna increase that fence height between me and my neighbor there. There's a five foot drop elevation drop. If you can see that white pipe, it's marked at 10 foot, eight foot, and six foot. I don't think you can see the blue lines on it, but that's the line is drawn at 10 foot there. Basically, if I put it at six foot, the fence is not gonna be any privacy fence at all. I'll be able to see over. He complains about my light shining at his window anyway.

Just just on that one side of of your property?

Yes, sir. And it's I've already done the 25 foot of four foot and then there's two sections of six foot there and then it starts sloping down.

Maintain that 10 foot.

It'll slope from six to 10, and then there are 10. I'm gonna turn it back. I guess it's all the pictures you have, but I'm gonna turn it back toward the house. Actually, I was gonna run it off into the woods, and it may go to, 12 foot, just one section, just basically just like a screen wall between my back deck and his driveway.

Build it all out of steel?

Steel I beams, and then I'm gonna put wood in it.

Q. Steve, so I'm just looking here. So the upper section has got the two foot that picture right there.

That picture?

You got two sections of six foot fence up there at

the top.

Oh, yes,

And so what you're doing is you're keeping, you're wanting to keep a level line with the top coming down and as it falls off, that's the reason the height is coming up to the 10 and then as it drops off, then that's the reason it's down to the 12.

Yes, sir. That picture there you can see the three blue lines. Okay, that's 10 foot at the top, that's eight foot and then that's a six foot line there on the bottom. So if it's six foot, basically you see right over the top of it both directions.

And

this is going out into the woods, you know, between me and my neighbor. It's you can't even see this fence in the street. I don't see how it would interfere with anyone. My neighbor wants the fence high. But anyway

Your neighbor's not here today, is he?

No. No, I sent him a letter and actually gave him a copy of the letter before I mailed it to him.

He didn't build a 10 foot to the corner. Might get to 12 foot. Sir? You've got it at that post it'll be 10 foot tall is

what you're worth. That's 10 foot, yes sir. And it drops off on down into the woods where like you can see another embed plate there in the corner, and then there's one more embed embed plate down in the woods where it might be 12 foot. This next embed plate is at the edge of the pictures where I'll turn it and tie it back to the to the house. And I saw y'all put up a survey a while ago. Actually, my property line is about even with that back of that bedliner. He's 13 foot on my property but

His driveway is. Sir? His driveway is?

His driveway is 13 foot on my property. But I was just trying to be halfway nice about it. So. Can

we see that survey?

I saw it up on the a while ago.

See it there in the corner. So he's

It's up there at the top.

Yeah, the yellow, the red.

I think years ago, my my neighbor on the west, you can see that line. At some point, they must have thought that the line ran from the back of his property to the front stake when they built that other house. That would put his driveway not in my yard if if you did sloped it across there.

Q.

There's just four lots there in that cove.

Mr. Derry, do have any input on this? Well,

that's an easy way out, Darrell.

I think there's a color overall view somewhere in there also. I don't know if y'all need to see it. I think it's my permanent picture.

It is on the that's a really tall

goes to the house?

They go back to the house.

Yes, sir.

Is that part six foot? I can see that top rail is what it looks like to me. So that's why I'm asking.

Well, was gonna start up six foot over at the house and just run it straight across. So it's gonna get taller as it comes back toward the pitcher.

It doesn't get to 12 because at that point, I think you're almost probably at 12 feet, I'm guessing.

The 12 foot is all the way to the right. The post you're probably seeing out in I the

can kinda see it right there, maybe the bottom of it.

Yes, sir.

So that's a good

I question. Think that's I the blue pipe or the white pipe is 10 foot at the top.

When I first read this, I was kind of thinking it was one of the situations where we had before, where We have a swell and it falls off and you got one point that's gonna be six over here and one point that's six. Me too. And maybe about eight to nine foot in the middle because of the swell. I've always thought that was a good idea. That way you leave the top of it straight and look smooth and stuff like this.

In this case, you just have elevation changes that are just downward. So guess I've been the weirdo that's always had an issue with taller fences. I don't know, that's almost kind of a, I mean that's 12 foot tall, 10 foot tall. So I don't know that when you have the availability to just go with the flow of the ground, of the grade, I've always thought that would be kind of best just because the ordinance is six foot. We're getting about double the height of the ordinance in one location.

Can I see that the guess the survey again, please? This house in in where that driveway is at, you said kind of encroaching on your land. Mhmm. Where's his house in relation to that? That drive?

It's right there. This Just north of that driveway. It's his garage.

It's just north. Okay. It's just north. Yep. So that's what he's gonna be looking at.

But

Say, what if what if you as you went down the hill instead of keeping that top line, when you get to that first well plate where you got an 11 foot section or whatever, what if you step the fence down two foot increment? What if you kept the line for the distance going back, but certain going back and then you stepped her down two feet or you stepped her down, you went a certain distance, you stepped down two feet, you went a further distance, you stepped down two feet again.

Stair step it.

Stair step it.

Makes sense. Because I even thought, well, I won't stop

you. And that way, when you're down at the low corner, you're six or even eight foot instead of 12 foot if you stepped at two foot increments. And so you're down, you're still would require variance because you'd be able to be at eight foot down here but you're not at 12 foot. 12 foot is hard to swallow for me. Nothing against what you're trying to achieve, Steve. I just don't think we've ever done

it. I mean, I could run down in the woods 10 foot. I mean, that's, I was just trying to get it as high as possible and whatever you all Yeah, would let me

and that's what we have a, we're having a problem with is that highest possible thing. So to be honest with you, I would definitely want to see two foot step downs increments as you go down the hill. Does that make sense? I mean,

poster at eight foot and as opposed to step down, can I just curve it down, slope I it just need to know the height you all will let me go to?

Let me ask one thing. That picture that showed the of the three embeds that went back to the house. You said you were at six foot. You were right there at the bottom of that vinyl siding between it looks like a basement. I'm gonna guess. Don't have that right here. This picture, he's got a so from your block, what's that height up to your vinyl siding? Because it looks like what you're trying to line it up with.

That's just yeah. I just drew that. I mean, that's probably five foot tall right there.

So if you started at five foot and by the time you got down here to your your leg here, you might be at what, seven and a half? I'm I'm now I'm just guessing.

Probably. Seven and a

half, eight feet? Yep. Even if you to hold that line straight to make it look right from the roadway, you're at eight foot in that corner, then you go from eight foot back on up to your six foot that you got The in the

blue line is the blue the second blue line down on the white pipe is eight foot Yeah. If it went across there.

Okay. I got you. Yeah. So that's gonna be about in line. Yeah. A little bit less. Yeah. Right there. Yeah. That's six. That's eight. That's 10. Yeah.

Yeah. That's eight. That's eight. If you

were to drop to that eight foot, if that's eight foot on the outside leg going across to the blue line other line,

line,

Oh, I see. Because

that As soon as

the back deck back there, I was trying to get some privacy too. Okay.

I don't think we're gonna build it. I don't think But You'll get that saved.

Y'all just Yeah. You know, you just let me know how I can go and that's what we'll go with. I would just put down there what I would like to have. Yes, sir.

In that in that lower corner, I I'm speaking out loud here guys, I'm not making a motion or anything, but I will probably be okay with that being an eight foot at that lower corner in the highest point.

At

the back. Yeah. Yeah, back there at the back. Because that ground is falling off a lot and that's still gonna be

I do have a I don't know if I sent y'all

put it actually at the bottom.

So you would go from six to down here and I'm just calling this back at the back corner. You would go to an eight hive back there.

Will put it below the deck at that point.

It'll come all the way down to here.

Yeah.

Don't I don't yeah.

That would be a monster of an animal at 12 feet to try to screen between your deck and and the neighbor's deck. Anyway, so I'll steal. Well, he's in the steel business, but that's just my thought process. I'm thinking the highest point of the the fence in the back, would be okay with would be eight foot at the lower corner.

From the front six to eight feet. First, the furthest back corner.

And that's taken into the contour of the the ground is the reason. Yeah.

Can I go to eight foot right there where that picture's at at the second at the pope and then slope it down to eight foot? If I slope down

to eight foot at

the very back post, it's basically gonna make that fence six foot right there at that post because it's so dropped off so bad back there.

So again, and I'm just I'm asking here, I'm trying to find a happy medium. Could you at that well plate, at that column that that's at, could you keep a constant line and then step it down, start right there and then slope it down? Is that what you're asking?

I'm asking that that white pipe, if y'all won't let me do 10 foot, can I do eight foot right there and just go from there up to six and down to eight back in the back?

Yeah, that's still giving the eight foot maximum height at the back corner. Just moving that eight foot height up the slope halfway up the house. It's six foot off. From that point, it's six foot forward, Right? Is that what you're saying? Took towards the street.

Yes, sir.

So right now my fence is just following the slope of the ground. Yes,

Yeah. It just chases the ground all the way down.

So if you if y'all just tell me how high you're you would allow me, like, if I can go to eight, I'll just slope it from six to eight and then I'll stay at eight. Sloping it down with the ground.

You won't get any higher

than eight? If you won't let me get any higher. I mean, I wanna go as high as possible, but that's that's why I'm here.

What do you point. I think that's That's not what mean. I just didn't want the whole fence to be eight feet. I want him to start at six, what he's done, which I can see he's done that. It appears that way. I don't have a tape measure on it. He started it, yeah. Started six but hold six as long as you can until your grade just can't withstand you're going to make a pretty big drop at the top of it. Then I would say that's when you start trying to get the eight foot in the back corner.

Maximum foot in the back. Maximum eight foot

in that corner is the way I feel about it.

But eight foot at the white pipe is okay?

But you're starting at six up there so I see what you're saying Steve. So the distance between your existing column way up front and you want to be at eight foot at the white post. So you're starting to pick up that high halfway up instead of the back corner. Casey is what he's saying. As long

as if I mean, this is my opinion. Keep this in mind. I'm all in mind. I got one vote. I mean, going to eight foot to the white pipe, but then where you got 12 foot, where it says 12 foot Maximum eight. Maximum eight. That means that post is also eight foot and the top of it is just leaning down like this. Because I

think you're trying

to get it past the point where you just can't see the driveway and the cars

But that's what I was trying

to do,

of course.

Yeah. But what I'm saying is that last post where I've got 12, if I make that eight foot, I don't even know if the fence is gonna be six foot tall when you go on up there because of the way it's sloping.

Right. Well, that's what I'm saying. I think you where it says 12 foot, you make it eight foot. Okay. Where the white post is, you also make it eight foot.

Okay. And then you go to And then you go

from eight to six back up to the front.

That can just gradually slope it up? That's

correct. However,

the terrain allows it, I guess. Because you've got a six foot, I guess that top of the beam on the fence that's already there is already at six foot. So

to be clear, the reason that we're saying even giving you that eight foot is because of the terrain falling off. It's not because of your height clearances to get you a visual clearance at eight foot, you're not going to get that here. It's about the terrain. We've been pretty consistent on that.

Am So I saying that correctly, Casey? Yeah. No, I completely agree. It's definitely I mean, can see the fall. I mean, you've got three foot of fall or four foot right there.

I mean, there's a Yeah.

There's of feet there.

Because this fall actually starts at the white pipe. More. More of it.

It's more aggressive after the white pipe, yeah.

Okay. Mr. Chair, I'll make a motion that we grant the fence height variance to a maximum of eight foot at the back corner following the contour of ground to match back up to the six foot existing at the front corner. That make sense?

All right. Got a second for that. Second. Alright, and roll call please.

Miles. Yes. Miller. Bailey. Yes. Apples. Yes. Okay, here you go.

That included at the white pipe,

We've seen some, yeah. Yeah. Yeah, I don't know where those are. I mean, somebody is, an AI program is generating those, but that if you look, it's not the city's address. It's not

Well, I did notice it that said at usa.com or something.

Yeah. It's it's just spam.

It's all in looked pretty real this morning. It does. They look very real.

And they they make them look more real now that, you know, the as as time goes on, it'll

be hard to tell. Okay,

thank you, sir.

Thank you.

All right, Josh

Klaus Property Management requesting a variance of the minimum lot width that's required for r three zoning requesting it to be 40 foot instead of 50 foot on this existing property.

That gonna be apartments?

No, sir. It is gonna be a single family

case.

And it's only 40 foot wide. There I was a house on it at one point in time before it was condemned and tore down somewhere based on aerial photography between '14 and '17. And then my client purchased it and figured out it's only 40 foot wide and that's an issue.

Harold, is this following the improvement district? This is on the North Side Of Johnson, so no, it's not in.

Tell me about the four and a half and 4.2 inches or feet between between the existing residents and

So they purchased, my client also owns that parcel right there ending in 3400, the property to the north. They purchased it in '23 with that existing residence on it. It's r three zoning. It was remodeled, I believe. I believe it's a duplex now.

And so when this property came available to the south, they purchased it also. With the house being four point six and four point two from the property line, we can't replat because that existing house is already in the setbacks. So that's kinda where we sit right now. There should be another one that's Yeah,

showing should be 20 in the front, 20 in the rear, and seven and a half on the sides.

So right there it shows the the road. To We're requirement for R three zoning. Get Even whenever we give up the required right away for all us, if this is replatted, to get the building permit, we'll still be sitting at 6,009 square feet. So it meets everything but the width. In between the setbacks right there is roughly 25 feet, 25 plus feet in between the setbacks.

So, it will be a 25 foot wide residence. Roughly 50 foot deep. Apparently, that's roughly what it was to begin with.

Right. Maybe

give or take five feet because setbacks weren't a thing probably whenever that was built up there. You're getting a single family house in where you had one that was torn down, so you're getting new construction in there. It does meet the setbacks in the size. It just doesn't meet the lot width. But that's what you offer for.

We asked or we talked to planning and zoning about rezoning was actually brought up about it, but there's no new zoning that would allow a 40 foot width. So that's the reason why we're here today. Y'all are our last hope, I guess. Or our only option.

Seen a drawing on the on the building itself.

Have a copy of what he sent me. It doesn't have any dimensions on it because I told him not to buy the house plans yet until but I can kinda y'all can pass this around here.

We have any 40 foot lots over there anywhere.

We've got 40 foot lot within the city in some of the old areas that are platted 40 feet. Right. So we've got 40 foot lots. I think anything you can do in the area is gonna be some type of improvement to the area. Yeah.

If we don't, grant this It will remain a vacant lot. That's exactly right. We don't 50 square feet in that building. Yeah.

So that's pretty much the whole

house. Yeah.

But the same guy that owns track day here that we're talking about owns a 309 Alice, correct?

Correct. Yes. But

he didn't rezone this or replat this to get this small lot behind

here He literally, you can, I've got the deeds, but it was

Oh, I believe.

Was purchased in '23, The 309 North Yep. And then the other property next door came open, came up for sale. They purchased it in June '25. I got it. This

proposed residence is gonna be for resale?

It will will possibly be for resale at some point in time. What he has he has told me is build it, rent it. If they have a good renter, maybe a rent to own type deal or a couple years down the road, resale. Resale. But it is gonna be a single family residence.

So the existing at 309 has has been made into a duplex? Yes, sir.

And we can't we can't necessarily replat it and flip everything because that is if you go out there, you pull up the you pull up edge, that 20 foot alley north of it right there says that is Word Street, but it was never platted as Word Street, and it's only 20 foot wide. So then if you took it and you split it north south into two lots, you don't the road frontage anyways.

This one below it, is that another unfinished lot or?

No, It does have a residence on it. Okay.

And so brings development back over there too. Mr. Chair, I'd make a motion that we grant the variance.

Second. Second. There it is. Roll call please. Yes.

Yes. Thank

you, Josh. Anything else? So we are adjourned. So we are adjourned.