I'D LIKE TO CALL THE MEETING TO ORDER AT NOON ON SEPTEMBER 20TH, 2023. [00:00:06] WE DO HAVE A QUORUM TODAY. PRESENT ARE JAMIE SCHWARTZ, SHORE. BLANE SMITH, ELLEN EBY, MICHELLE TOWNSEND, MINDY BIRCH AND MYSELF. DANIELLE GRAHAM. IS THERE A MOTION TO ACCEPT THE MINUTES FROM THE AUGUST 16TH MEETING? MAY I MAKE A MOTION TO ACCEPT THE MINUTES FROM THE PREVIOUS MEETING? I SECOND. ANY DISCUSSION? ALL IN FAVOR? AYE, AYE. AYE. ANY NAYS OR ABSTENTIONS? MOTION CARRIES. [PUBLIC HEARINGS AND ACTION ITEMS] WOULD YOU HAVE ONE PUBLIC HEARING AND ACTION ITEM TODAY TO CONDUCT A PUBLIC HEARING DISCUSSION AND POSSIBLE ACTION ON A REQUEST FOR A VARIANCE TO SECTION 28-104 FENCING WALLS AND SCREENING REQUIREMENTS. B1C FENCE HEIGHT TO ALLOW FOR FENCE TO BE PLACED IN REAR YARD WITH AN INCREASED HEIGHT OF NINE FEET TO PROVIDE A VISUAL BARRIER SCREEN BETWEEN RESIDENTIAL DISTRICT PROPERTIES AND COMMERCIAL PROPERTY. THE SUBJECT PROPERTY IS LOCATED AT 512 WEST MULBERRY STREET, ORIENTED NORTHEAST OF THE INTERSECTION OF WEST MULBERRY STREET AND NORTH COLUMBIA. WE WILL FIRST HEAR FROM STAFF FOLLOWED BY THE APPLICANT. HI, GOOD AFTERNOON. THANKS FOR ALLOWING ME TO SPEAK WITH YOU TODAY ABOUT THIS VARIANCE AT 502 WEST MULBERRY. THE AGENDA PACKET HAS BEEN PROVIDED WITH THE DETAILS AND. WELL, I'LL GO OVER SOME OF THE QUALIFYING INFORMATION AND OTHER DETAILS. THE PROPERTY. THE PROPERTIES NEARBY THIS COMMERCIAL ZONE PROPERTY TO THE EAST AND THE WEST ON BOTH SIDES ARE COMMERCIALLY GENERAL ZONE, COMMERCIAL GENERAL ZONE. THE PROPERTY ACROSS 35, WHICH WOULD BE LOCATED AT THE FRONT OF THE PROPERTY, ARE COMMERCIAL GENERAL ZONE. THE PROPERTY BEHIND THIS IS CHANGES TO A RESIDENTIAL ZONE. 6.3. THE REGULATIONS DO REQUIRE NEW DEVELOPMENTS IN COMMERCIAL ZONES THAT ABUT RESIDENTIAL ZONES WHEN THEY'RE BEING ESTABLISHED TO ERECT A FENCE. THE FENCE HAS TO BE NO MORE THAN EIGHT FEET TALL, TYPICALLY WITH NO HOLES OUT OF WOOD, CONCRETE, ET CETERA. IT'S THERE TO CREATE A VISUAL AND PROTECTIVE BARRIER BETWEEN THE PROPERTIES. THE APPLICANT APPLIED FOR A FENCE. HE WOULD LIKE TO INCREASE THE HEIGHT OF THE FENCE TO NINE FEET BECAUSE HE IS HAVING [INAUDIBLE] STYLE STORAGE BUILDINGS, CONTAINERS, NOT BUILDINGS. CONTAINERS THAT HE USES ALREADY FOR HIS BUSINESS RELOCATED THERE BEHIND HIS MAIN BUILDING. AND THOSE BUILDINGS ARE CONCOURSES ARE 8.5FT TALL. SO, HE'S REQUESTING THE ADDITIONAL HEIGHT TO FULLY SCREEN THE UGLY CONCOURSES FROM THE RESIDENTIAL ZONE. UM. LET ME SEE. WE DID SEND OUT NOTICES. THEY WERE WE SENT THEM OUT TO 200FT. THE RESIDENTIAL ALL OF THE ADDRESSES WENT TO 200FT. IT'S BEEN POSTED TO THE NEWSPAPER, AND WE HAVE HAD NO OBJECTIONS. WE DID HAVE ONE RESIDENT IN THE RESIDENTIAL AREA WHO HAD SOME CONCERNS. I BELIEVE THAT SHE WAS GOING TO BE HERE TODAY TO SPEAK AND. I WOULD MENTION THAT THAT RESIDENT ALSO DOES HAVE A FENCE. THERE ARE ZONING DIFFERENCES AS FAR AS THE FENCING REQUIREMENTS BETWEEN THE RESIDENTIAL AND THE COMMERCIAL AND. WE'VE REVIEWED ALL OF THE CRITERIA AND ANALYZED, AND WE BELIEVE THAT GRANTING THE VARIANCE WOULD ALLOW FOR THE BEST AND MOST REASONABLE USE OF THE PROPERTY. WE BELIEVE THAT THE PROPOSED FENCE IS A REASONABLE ACCOMMODATION THAT WILL IMPROVE THE VISUAL APPEAL OF THE AREA, PROVIDING OPTIMUM VISUAL AND PROTECTIVE BARRIER BETWEEN THE ZONES. IT'S INTENDED TO PRESERVE THE CHARACTER OF THE NEIGHBORHOOD AND THE EXISTING ABUTTING RESIDENTIAL DISTRICT, AND WE'RE HOPING TO HELP ENHANCE THE PROPERTY VALUES THERE. WE RECOMMEND THAT THE BOARD OF ZONING ADJUSTMENTS GRANT THE VARIANCE TO ALLOW FOR AN INCREASE IN SCREENING FENCE FOR MAXIMUM HEIGHT OF EIGHT FEET TO A MAXIMUM HEIGHT OF NINE FEET. THANK YOU FOR YOUR TIME. WE'LL NOW HEAR FROM THE APPLICANT, JASON RILEY. [00:05:02] THANK YOU FOR ALLOWING ME TO BE HERE TODAY. I THINK SHE HIT EVERYTHING ON THE HEAD. WE'RE ALL FAMILIAR WITH WHERE CUT RATE CARPET IS THE PROPERTY AT 620. WEST MULBERRY IS ALSO OURS. WE'RE FIXING TO TRY TO BUILD A PROPERTY OVER THERE. SO, EVERYTHING ON 640, WE'RE HOPING TO RELOCATE BEHIND THE CARPET STORE. NOW, I'M SURE YOU'VE ALL SEEN THE MESS THAT I HAVE ON HIGHWAY 35, SO WE'RE HOPING TO PUT THAT BEHIND CUT RATE AND BUILD THE NINE-FOOT FENCE SO IT LOOKS MORE PRESENTABLE AND HAS MY MESS. ANY QUESTIONS LONGER? I WOULD. I'M SORRY. I WOULD ENTERTAIN A MOTION TO OPEN THE PUBLIC HEARING. WE DO HAVE ONE SIGN IN TO SPEAK. ON THE MATTER. I MOVED TO OPEN THE PUBLIC HEARING. SECOND. ANY DISCUSSION? ALL IN FAVOR? AYE. ANY OPPOSED? THAT MOTION CARRIES. WE WILL NOW HEAR FROM LORENA DIAZ. I HOPE I SAID YOUR NAME CORRECTLY. PLEASE. YOU CAN PULL IT. FIRST OFF, I WANTED TO THANK EVERYONE FOR LETTING ME SPEAK SINCE THIS NOTICE WENT OUT TO US. JASON AND I HAVE BEEN SPEAKING AND I'M TRULY BLESSED TO HAVE HIM TO BE ABLE TO WORK WITH US IN AN AGREEMENT THAT WILL MAKE BOTH OF US HAPPY. I'M NOT AT ALL OPPOSED TO THE NINE-FOOT FENCE, BUT I DID WANT TO MAKE SURE THAT I BROUGHT UP THE DIFFERENCES IN THE ZONING, WHICH WAS EXPLAINED EARLIER HOW WITH THE RESIDENTIAL. AGAIN, I'M BLESSED BECAUSE I HAVE SOMEONE THAT'S WILLING TO WORK WITH ME, BUT THOSE THAT DON'T, YOU KNOW, WE'RE ONLY ALLOWED A FOUR-FOOT FENCE WITH 50% DENSITY, WHEREAS A BUSINESS CAN COME IN AND RAISE IT ALL THE WAY TO 8FT OR 9FT, WHATEVER IT MAY BE. SO, THERE IS A DISCREPANCY THERE. AND THE MEANING FOR ME TO BE OF BEING HERE IS TO BRING THAT TO, YOU KNOW, TO BE ACKNOWLEDGED. BUT AGAIN, I'M NOT OPPOSED TO WHAT HE'S DOING. WE'VE MADE AN AGREEMENT WHICH WILL HELP BOTH OF US. SO, I'M HAPPY. THANK YOU. THANK YOU. THANK YOU. I JUST WOULD LIKE TO ADD THAT MRS. LOPEZ DIAZ'S FENCE IS IN HER FRONT YARD. IF YOU CAN LOOK RIGHT HERE. THE HOUSE. IT SHOWS THE HOUSE. GO BACK THERE. SHE'S FACING COLOMBIA, AND THE REAR YARD OF THIS COMMERCIAL ZONE IS ABUTTING TO HER RESIDENTIAL. SO, THE APPLICANT'S FENCE IS A REAR YARD FENCE. AND HER FENCE IS IN THE FRONT YARD. SO JUST FOR CLARIFICATION, IF I COULD ASK A QUESTION IN RESIDENTIAL, IS IT FOUR FEET? IF IT'S IN THE FRONT YARD AND 6 OR 7 IF IT'S IN THE BACKYARD OR SOMETHING, OR. YES, THAT'S THE REQUIREMENT. TYPICALLY, IN MOST RESIDENTIAL AREAS THAT THE FENCE IS IN THE FRONT YARD, BE A CERTAIN HEIGHT AND OPEN FOR VIEW. AND THAT HAS TO DO WITH THE PSYCHOLOGICAL SAFETY ISSUES OF A RESIDENTIAL AREA WHERE PEOPLE COULD, YOU KNOW, RUN FROM THE COMMERCIAL ONTO THE RESIDENTIAL AND HIDE BETWEEN OBJECTS. SO, IT KEEPS IT OPEN AND THEN ON CORNER LOTS EVEN IN THE COMMERCIAL. WE'LL MAKE SURE WE PROTECT THE SITE TRIANGLE WHEN THE FENCES ARE HIGHER. SO, THEY STILL HAVE TO STEP IT BACK. TYPICALLY, IN WHICH HE'S DOING THAT, HE'S STEPPING IT BACK TO THE EXTENT OF HER FRONT YARD, WHICH IS A POSITIVE. SO THAT'S HOW WE KIND OF LOOK AT FENCES, I THINK, OVERALL. AND THE COMMERCIAL FENCE IS GOING TO ABUT HER YARD. IT'S REALLY HER SIDE AND BACK YARD GOING BACK, IS THAT CORRECT? THAT'S WHAT I'M SEEING. IT WOULD BE MOSTLY IN HER SIDE YARD WHERE YOU'LL SEE THE NINE YARDS. OKAY. NOT THE FRONT OF THE HOUSE. OKAY. OKAY. AND WILL IT ESSENTIALLY TIE INTO HER HIGHER FENCE TO HER? OKAY. SO, IT WON'T COME FORWARD OF HER HOUSE WHERE SHE COULDN'T SEE TO GET OUT OF HER DRIVEWAY OR WHATEVER? CORRECT. TO THE EXTENT OF THE BROWN FENCE. YES. YES, YES. GRACE, IF YOU GO ALL THE WAY DOWN THE VERY LAST PAGE. IT'S BEFORE THOSE I THINK WAS IT, I THINK IT'S THE VERY LAST ONE. IT WAS THAT MAP YOU WERE LOOKING AT. THAT ONE. SO, SHE'S CONCERNED. HER FOUR-FOOT, FOUR INCHES RIGHT HERE LETS HER VIEW EVERYTHING. SO, IN ORDER TO KEEP IT THAT WAY, INSTEAD OF ME TRYING TO COME ALL THE WAY OUT, I'M JUST GOING TO GO FROM THE EDGE OF MY BUILDING HERE, STRAIGHT BACK. AND THAT WAY SHE STILL HAS VIEW THROUGH HER SHORT FENCE. AND THEN HER HUSBAND HAD THE CONCERN OF IF I PUT MY FENCE NEXT TO HIS, HOW WILL HE MAINTAIN IT? [00:10:04] SO, WE'RE GOING TO, IN THEORY, I GUESS, TAKE HER FENCE DOWN AND THEN MY GUYS WILL PUT UP THE NINE-FOOT FENCE IF YOU'LL ALLOW US. AND THEN MY GUYS WILL MAINTAIN IT AND THEY DON'T HAVE ANY WORDS. AND THEN THE NINE FOOT WILL CONTINUE. MR. FLESHMAN WAS GOOD WITH EVERYTHING. IF Y'ALL ARE PROBABLY TO HERE INSTEAD OF OVER TO THERE AND BACK IN. OKAY. THANK YOU. THAT'S A COMPROMISE THAT WE JUST LEARNED OF TODAY WAS IN THE PACKET BECAUSE HE IS ENTITLED TO NO. EIGHT FOOT TALL ALL THE WAY AROUND. OKAY. OKAY. AND I HAVE A QUESTION. THE PAPERWORK SAYS 512 WEST MULBERRY, BUT THE AERIAL PICTURE SHOWS 508. AND I DROVE THERE, AND I COULDN'T FIND 512. SO, IS IT 508 OR 512? IT'S BOTH. THE RIGHT SIDE IS 508 AND THE WAREHOUSE SIDE IS 512. WE HAVE BOTH ADDRESSES. OKAY. OKAY. I JUST WANT TO MAKE SURE FOR PAPERWORK PURPOSES. I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. I MOVE THAT WE CLOSE THE PUBLIC HEARING. I'LL SECOND. ANY DISCUSSION? ALL IN FAVOR? AYE. ANY NAYS? PUBLIC HEARING HAS BEEN CLOSED AND WE WILL NOW HAVE BOARD DELIBERATION AND DISCUSSION, IF ANY. I MOVE THAT WE FIND THE CRITERIA OF THE SECTION 2823F2 AND THE FINDINGS OF 2820 3F3 OF THE CODE ORDINANCES ARE MET AND THAT WE GRANT THE REQUESTED FENCE TO BE REPLACED AT THE REAR YARD WITH THE INCREASED HEIGHT OF NINE FEET. CAN I ASK ONE QUESTION BEFORE I SECOND? IS IT DOES HE NEED A VARIANCE TO GO NINE FEET ALL THE WAY AROUND? YES. SO, NINE FEET? YES. SO, SHOULD WE AMEND THE MOTION TO GRANT REQUESTED FENCE? WITH AN INCREASED HEIGHT OF NINE FEET. INSTEAD OF SAYING GRANT THE FENCE BE PLACED IN THE REAR YARD. YEAH. AND IT'S OKAY WITH THE PLACEMENT. OKAY. THE DESCRIPTION. YOU'RE CORRECT. OVERALL, NINE FEET. TECHNICALLY, IT'S HIS REAR YARD, BUT NOT HER REAR YARD. OKAY. THEN I SECOND WITH THAT CLARIFICATION. SORRY. IS THERE ANY DISCUSSION? ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES. I WILL ENTERTAIN A MOTION TO ADJOURN THE MEETING. I MAKE A MOTION TO ADJOURN. SECOND. MEETING ADJOURNED AT 12:13. THANK YOU ALL. THANK YOU. THANK YOU. EASY ENOUGH. * This transcript was compiled from uncorrected Closed Captioning.