Board of Zoning Appeals - Regular Meeting

We believe in so we're really trying to keep that

There you go. This is the majority said to the said to the time We've observed failure of some of these ordinances as far as providing the protection that was promised. The various written safeguards have proven ineffective in preventing the construction of detrimentally oversized houses in the Holiday Homes neighborhood. This failure can be observed with the permitting and construction of oversized houses at 35,

37, and 39 Oander Street. The town's stated position for years has been it is their intent and position to protect the historic neighborhoods on the island. Town council stated in January 20 23 that single family neighborhood mass scale parking detrimental effects of disproportionately large houses safety and pres preservation of neighborhood character need to be addressed. The town has for years stated it is their intent to revise the LMO to correct mistakes of previous administrations. To date, the promised corrections to the LMO have not been codified, approved, or implemented. The town eliminated the provision in the building permit application process, asking if proposed construction conflicted with covenants of subject area. The town ignored the applicability and purpose statement of the original overlay and allowed the permits to be issued for these oversized houses. Uh the town issued per Oh, I do that. The Holiday Homes owners filed an appeal to the board of zoning appeals relative to the construction of the three non-compliant houses on Oleander Street. The board's initial motion supported our position, however, was reversed after executive session with the town attorney. The town shortly thereafter removed the covenant question from the building application process and elected not to enforce private covenants. The threat to the character of the

Holiday Homes neighborhood is intimate, continuing or immediate, continuing and ongoing. There is no guaranteed schedule for approval of LMO updates or imple implementation of proposed protections at this time. Therefore, we have approached the town to revise the overlay to try to provide protection and maintenance of the character of our neighborhood. I guess that's it and thank you for your help in this process. Thank you. Thank you very much. Other public comments.

Good afternoon. I'm Rick Lawson, of course, Holiday Homes, uh, resident for own house for 35 years, I guess, lived on the island for about 50. Um, what Ed said was kind of the beginning of everything. How how we got the initial overlay. Um it actually started a lot earlier than the than the sewer thing. We we went to the town and the and our town um commissioner at the time helped us. We were layman all layman's about it and it it was great, but we've realized now with the current situation that we weren't strong enough to protect our neighborhood like we wanted. Um, and then what Matt showed you was what led up to this thing with the larger homes, some of the other changes that that didn't seem to fit our overlays. And a lot of that is subjective, and that's a big problem we had with it. So, what I'd like to do is just read a real short email that I sent to the to Tamara's commission uh when we first met to kind of give you a synopsis of the whole thing. uh the existing holiday homes protective overlay is slightly contradictory when compared to the holiday homes covenants of 1957. Also the existing protective overlay includes some terminology that's dependent on individual interpretation. For these reasons, uh, the residents of Holiday Homes along with a tremendous amount of help from the town staff have drafted this new protective overlay that is more in line with the existing Holiday Home covenants and is less subjective. This new protective overlay will make it easier for the town staff and holiday homes residents to understand and enforce. For these reasons, we totally support this new draft of the holiday homes overlay and hope it passes through the town process promptly with flying

colors. That's basically a synopsis of what we're really looking for. It's pretty simple and I appreciate everything you guys are doing and your your service to the town and the town staff has been great on helping us. And I said last time, it's been a real learning experience. You know, I hope we don't have to go through it again anytime soon, but it's been real educational. Thanks again. Thank you. Other public comments before I bring it back up to the dis. Okay. U back up to us commissioners. Any questions of staff uh comments? Who wants to start us off?

Can you just take us through the next steps? So, uh, we're initiating it today. What happens next? And, um, what role will we play? Because I've heard that the town has gone through some overlay work with them before. Uh, it went to a zoning board or I guess it's some sort of a board of appeal and the town reversed itself. It doesn't enforce covenants. So, can you explain to us how this will correct or provide comfort to that neighborhood? Thank you. Well, so this has been in collaboration with with the group behind us and they represent a small portion of who we've worked with in the past to to make sure that the covenants and restrictions that we did not know existed until uh earlier last year u are captured in the character overlay district that when it was created did not take those into account. So by doing that, this is going to give them more comfort that the intention of how their neighborhood was designed to uh evolve in the future will be maintained. So that's that's how that's going to give them that comfort and uh uh that that that that they're being their restrictions are because as Shay mentioned that right now the mechanism doesn't exist to enforce those which would be their own ARB. They don't have that. So, this is why we're doing it in our code through a text amendment so that they're captured and that they're enforced. Um, next steps would be uh for you all to vote on whether or not we were are going to initiate this the the text amendment uh through the town. That's either got to come from the town manager or the planning commission. Uh so, we're asking you uh to to move forward with with this and and uh make your recommendation. Then I believe

we'll probably go back to comes back to the planning commission for public hearing. Yep. Then it'll come back to planning commission for public hearing. Then then to uh CDPS, Miss Becker's board and then it will go uh from there to town council for two readings and hopefully adoption. Thanks, Trey. Other questions, comments? Commissioner Lo, I just have a quick clarification. This would all apply to new construction moving forward, correct? It would not affect any historic or long-term home owner home owners would not have to change anything they have in place currently. Is that correct? That is correct. Okay.

So, any any nonconformities that are created by this amendment would be viewed as an existing legal nonconformity per our code for the LMO. Um, so does that answer that completely? Other questions, comments? Commissioner Dubois,

and I appreciate the coming forward and those who spoke today. Have the have all the residents that are affected by this or that would be affected by this been notified of what we're doing here today to your knowledge? I was not part of that process, but uh deputy town manager Sean Linger, the Holiday Homes residents have uh as they've mentioned attempted to reach all 57 lot owners. They've got 42 signatures in support right now. Eight members, which refused to sign anything, whether for or against. So, they're playing Switzerland. That brings us to 50. And then I believe there's [music] seven. We have just not heard. Well, there's really five because we're under one, three.

Okay. So there's three owners. So the last five of them I keep reaching out addresses. I just keep reaching out. Right. But specifically as of this proceeding here today and the opportunity to speak in opposition is everybody to your mind trade. Everyone's been notified. Thank you. Commissioner Redmond.

Two quick questions. It is it safe to say that the overlay language that we're being proposed will supersede a private covenant since the town appears not to necessarily enforce a private covenant. These changes will allow us to use the code for enforcement and not rely on that covenant in the future. It will not supersede the the the the co private covenants and restrictions will always run with with those lots. When they were created in the 50s, they became a as you will deed restriction that follows the uh in perpetuity. Uh without the mechanism obviously to enforce them, the code then becomes that mechanism so that it they are being enforced to the best of our ability through our land management ordinance in the absence of that mechanism.

All right. Thank you. And then the second clarification on the uh there are a number of lots that that meet grandfathering a couple ways which I I saw in the uh in the the writeup which was great. Um if one of those lots were to go to a full knockdown stage that would drop off and it would now be under the new overlay standards. So there are that we have a section for non-conforming uh or non-conformities within the code. Um obviously it's a casebyase basis. Uh the code right now as it reads anything under o over 50% uh if it's taken down say it's a complete rebuild. Yes, it would have to be built back to the standards of of these uh uh this text amendment and then the private covenants and restrictions should be enforced in those. But but this again captures that uh in the event that it is destroyed by natural disaster, there are mechanisms in place in that nonconformity section that allow them to build back in that footprint.

Thank you very much,

Mr. Cordes. Uh just a procedural question because it's all text amendments. You've written them already. It doesn't look like there's code overlay map effort that has to happen. This should be rapid. Is that I mean you talked about the process, but I'm assuming we'll see it again within a month and then the boards will see it following that. Give me your thoughts on when this thing could be approved by town council. Um well so there are there are there are um um notification requirements that we have to meet by code and by state law. Some of them are 15 days. I think some of them are 30 days for council. So uh in reality if we go through today we could see this the net

yeah we could see this in March. Uh so anticipate late spring, early summer that it could be adopted. Thank you, Commissioner Hwitt. One of the things I'm not clear on is is the greatest concern the size of the house, the use of the house, or the aesthetics of the house compared to the rest of the houses compared to the rest of the neighborhood. I'm not clear if any one of if there's a priority in terms of

and and commissioner uh Huitt did send a question about the two and a half story. So I'll kind of parlay that into this the answer to this response as well. Um mainly it is a mass and scale issue um with the character being one-story ranch homes, two stories with a side loaded garage. That's basically what's been in this uh neighborhood since its inception in the in the 50s. Um what's happening now is flood regulations have changed. People want that finished or that unfinished garage uh underneath and then two stories above which create these almost Charleston style homes that are kind of out of character with what was initially built in in there. Um and then to answer your question on the stories, right now our land management ordinance does not define a story or half story. Uh the new land management ordinance uh may so as we move towards that we could see that become in there. So in this one, in this amendment, we all we have our [clears throat] height restriction now added in, which is a net reduction in 5T from what the base zoning district allows. And then at the two and a half stories, they've taken it above what you know, it it just saying it's got to be two and a half stories and they've given the design characteristics that it has to meet to to meet that two and a half stories. So, it's easy to administer when we have the code in front of us to say, "All right, this is this meets the design criteria, the two and a half stories, or it doesn't meet that until we definitively go in and and add stories in the land management ordinance?"

Yes. So, was there a consideration of what the living space would be? Um, if someone still decided to put the garage below the living space, it would still So, it still have to it has to meet the two and a half story requirement, 30 foot or 30 feet in height requirement. And then you'll see in the All right. Where are we at here? I guess my question is going to stop right here. So this is where we eliminated that. So that would now be part of the 3200 square ft.

Okay. So you you approximately eat into the floor area ratio with the garage space if I if a person were to build it underneath the living space. Correct. Other questions, comments? Okay. Um so we haven't heard I just wanted to add one note if it's okay with you. Absolutely.

So, with regard to the schedule, um I've spoken to Hi. Um thank you for letting me speak. I've spoken uh with Mayor Perry and with our town manager, Mark Orlando. And since um this matter has come before the community development and public services committee now twice, I believe, and we have unanimously approved it. It will not have to circle back through us again. So that will help with reducing the length of time that it'll take to get it finalized. I hope that helps. Thanks.

So then when it comes back to us, if it comes back to us in March, then it would go directly if we approve it go to town council for first reading, second reading, and then it's correct. Blessed.

Okay. um since we didn't have any opposition or we didn't hear from any opposition from what we know there is no opposition all played devil's advocate. So the the two the the two considerations that I I would suspect a potential opponent to have would be um reducing the maximum floor area ratio from 4,000 to 3200 square ft. Is that taking something that is rightfully mine? How do we deal with that issue? And the second one would be maximum height going from 35 to 30 ft. Um, again, is that something that had I bought a a vacant lot expecting that I could um build the 35 ft and now I can't um is is that is that an issue that that we might maybe not this but have to face in the future. I want I want uh it is a significant change to what's already there, but there is no opposition here to say that it is taking away their property right as it is right now. So therefore, I can't answer that question definitively that there are someone out there that it may uh may find this an offensive change to their current property rights.

There are no vacuums. Just so you know. Okay.

Okay. Uh, anything else? Do you know has the town manager my understanding from earlier is that the town manager or the planning commissioner can initiate this. Correct. Has the town manager deferred or declined or do you know has he been presented? He is aware that this is is going through. However, it's typ it's not typical for us to take this site or type of text amendment uh when it's citizen driven to the town manager. It's typical we take it to the planning commission for their support.

All right. Hearing no other questions, can would somebody like to um present a motion? I make a motion that we proceed with allowing the town to uh implement this as presented.

Do I have a second? Commissioner Lubal. First and second. Any further discussion? If not, all in favor, raise your right hand. Opposed. All right, it passed unanimously. Again, thank you very much. Okay, at this point uh we have uh public comment for non-aggenda items. Do we have any non-aggenda item uh comments? Seeing none, um commission business, uh we have none today. Chairman's report. First, I'd like to uh congratulate Commissioner Huitt and Commissioner Lobal for being uh selected to the Golagichi land and cultural preservation task force. Congratulations. I know you'll represent us and the town well on that. So, thank you very much. Um the other thing is I have been uh assigned to the new LMO task force because of my um position here as chair of the planning commission. Uh want all of you to know that I'm I'm on that um task force to represent all of you. So if you have questions, comments, and we'd certainly invite you to attend those meetings u as you'd like. and um and we also have information uh information source for that and for that I'll turn it over to Michelle. Thank you so much. Uh Chairman Hens, commissioners, good afternoon. Michelle Mueller, for the record, I am here today to introduce um a website on our town page specifically dedicated to the Elmo task force. It's going to be very public facing, helping the public navigate this entire process, providing them with resources and the ability to engage with our task force meetings. So, uh real quick, just

a brief introduction. Here's our homepage. You can find the task force page if you scroll down and click on the land management ordinance task force tab here, clicking on learn more about the LMO task force or a secondary way is going to the government tab at the top and navigating over to the land management ordinance task force. Uh immediately you'll see a brief executive summary. You'll see the staff contact our planning director Zach Gordon here and his contact information. And then you will also um upon scrolling down see the meeting dates below. If the public were interested in digesting some of those meeting materials in advance, they will be available if you click on the blue banner indicating the meeting date where you'll be able to find the agendas and meeting materials, presentations, etc. Um, I'd also like to um highlight the fact that each meeting will run from 5:00 to 7 p.m. There will be designated public comment time during the meetings. Um, that'll be established at the beginning at the onset of the meeting. Uh, you can also navigate to the right side and view the current members of the task force which are all listed here by name. We have 21 um members here and resources which I think is going to be the most valuable component of this page. Uh we have obviously a link to our land manage our current land management ordinance. Um our current strategic action plan and the resolution establishing the LMO task force. I'm going to go back one more page because there are several additional resources that I found very helpful. um to be centralized on this

page and that is under related pages on the right side the land management ordinance amendments plan. This takes you to a site where um or a page where our presentation from September 2024 is made available, a video to that entire workshop, kicking things off and really establishing the need for amendments to some of um the LMO priority amendments that were cherrypicked to address at the beginning um before we advanced this LMO rewrite. And those resources can be found um at the bottom of this section. You can review that presentation here, the workshop and all of those priority amendments. Uh lastly, if you are interested in submitting a public comment, I would direct you to the um page where you can sign up to speak and you can designate uh the meeting where you would like to uh talk, submit your public comment, all of the details pertaining and then submitting that comment form. So we are really encouraging the public to get engaged in this process. Um, again, the 21 members of this task force, we have a very strong group that has been assembled and we're excited to work with them. Thank you, Commissioner Hens, for being a part of that group. And, um, with that, I'll take any questions.

Well, thank you very much. What I heard you say is that these meetings will end at 7 o'clock. So, [laughter] any questions for Michelle? Yep. Uh for either Michelle or Commissioner Hens, do you know yet what the impacts will be in terms of how LMO will be delivered to this commission for the first vote? Is that is it impacting schedule? Is it impacting how you're going to break it up? Any of that known yet? Well, it will come here for a vote. We we I know that. Not not sure when. You're asking for a time frame?

No. Um, is this going to change the process or the way it's done? Are we going to Is there talk about breaking it up into components to bring forward? Has any of that been discussed yet?

I know that the task force will be um going through chapter by chapter all of the draft code. the path to adoption. Uh we're aiming for the end of the year and I think the meetings that we're establishing with the task force are going to direct a lot of that. So the progress that's made at those meetings, the public engagement um it it will all dictate the the path forward to adoption, but we're hopeful that with the group assembled and the work that they're doing, it will be an efficient uh process. Uh yes, we'll meet here. Yep. 21 people.

Plus audience all of you if you would like to attend. Yep. Commissioner will

I'd like to just follow up on my fellow commissioner's question. So the same thing has gone through my head. This is going to be a lot of material and um you know we're not going to be as engaged even if we show up in the audience. um to the or the struggle that will happen, let's put it that way, the process. So, I think it's fair for us who have been through this. We're not going to be expected to all of a sudden at the end see a book and have a public hearing. I'm not asking you to answer that. That's sort of like a rhetorical question to be answered. Um, and then one of the things that, um, I've chatted with, uh, Commissioner Hens and Sheay, and I don't think I've I mentioned it. I don't think Trey was at the last meeting, is uh, we've committed to district plans, correct? Which is supposed to be the framework for this.

Do we know what the timeline for district plans is yet? We are in the final editing stages. Uh, but the district plan adoption, that will be separate from this. So this will not be a component of the LMO task force's charge, but it will be completed before the LMO task force is coming to their conclusions since it provides the context of those neighborhoods. Is that a fair statement? That's a fair statement. The district plans will be finalized before the LMO task force is complete.

Thank you for that segue, Michelle. Thank you very much. Um the last item on the agenda is staff reports uh districts update. Uh Shay,

good afternoon. Um well that's the main part of the update um is that you can expect the district plans in the near future. We are um in the process as if you recall we had the public meeting series um back from January through March um with you all as integral to that. Um we are planning out a process for bringing those plans that are nearly drafted to completion back out to the public. Um that pro that that process is still being refined. Um but it will be involved with the planning commission. Um so you will hear more about that in the very near future. Um, but as Michelle noted, the we are expecting that districts are completed and are being fed into the changes made to the LMO as they should. Thank you, Shay. And with that, this meeting is adjourned.