[III. Derek Bigham, property owner, has applied for a variance from setback requirements for the property located at 102 5th Avenue, Decatur, GA 30030.]

FIFTH AVENUE, WHICH LOOKS TO BE ABOUT 15FT.

I BELIEVE IT'S 18.

18? OKAY. YEAH AND CAN YOU SPEAK TO HOW THAT SECTION OF THE CODE IS INTERPRETED AND APPLIED BECAUSE THE APPLICANT HASN'T ASKED FOR A HEIGHT VARIANCE AND IT APPEARS BASED ON THAT, THAT THEY WOULD NEED THAT TO BUILD ANY OF THESE PLANS.

[00:05:03]

SO THE WAY THAT IT HAS BEEN INTERPRETED IN PRACTICE, ALTHOUGH IT IS NOT SPELLED OUT IN THE UDO, IS THAT WE GO IS THAT WE DO A MINIMUM OF LIKE 25FT FOR A TWO STORY.

I'M SORRY. NOT 25, 20FT FOR A TWO STORY.

SO YOU KNOW, IF YOU.

SO EVEN IF IT'S SMALLER, IF THE LOT IS, IS LESS THAN THAT YOU CAN STILL GO UP TO THE 20FT NOW.

WE AGAIN, THAT HAS BEEN THE PRACTICE.

WE HAVE NEVER SEEN A LOT LIKE THIS.

SO THIS IS YOU KNOW, SO WE'VE NEVER IT'S NEVER BEEN PUT TO THE TEST ESSENTIALLY.

OKAY. YEAH WE CAN TALK ABOUT IT WHEN WE GET TO BOARD DISCUSSION, BUT I JUST WANTED TO MAKE SURE THAT WE'RE CLEAR, AND I THINK IF WE WERE TO MOVE FORWARD WITH ANY VARIANTS, CLEARLY YOU WOULD NEED A VARIANCE TO BUILD SOMETHING IN TERMS OF SETBACKS, BUT I'D WANT TO MAKE SURE THAT WE'VE GOT IT CLEAR ON THE HEIGHT REQUIREMENT AS WELL, IF WE GO IN THAT DIRECTION THE OTHER QUESTION, MR. MALONE, IS RELATED.

I'M ASSUMING YOU'VE HAD A CHANCE TO READ THE STAFF REPORT.

I'VE SEEN IT, AND THERE'S COMMENTS IN THERE ABOUT THE LOCATION OF THE DRIVEWAY ON THE PROPERTY AND THEN REQUIRING IT TO RELOCATE THE STOP SIGN AT FIFTH AVENUE AND OAKVIEW AND I GUESS I'D BE INTERESTED TO HEAR SORT OF YOUR, YOUR THOUGHTS ON THAT, GIVEN THAT IT'S A CHALLENGING PIECE OF PROPERTY.

RIGHT YEAH, AND SPECIFICALLY IF THERE ARE ANY OTHER LOCATIONS FOR THE DRIVEWAY THAT YOU CONSIDERED IN THE DESIGN, BUT ALSO IF YOU HAVE HAD ANY CONVERSATIONS WITH THE CITY, WHICH I BELIEVE OWNS THE ADJACENT PIECE OF PROPERTY ABOUT AN EASEMENT FOR A DRIVEWAY ACROSS THEIR PROPERTY. SO WE I DID APPROACH THE CITY ABOUT RELOCATING THE STOP SIGN, AND A LONG STORY SHORT, IT'S THEY SAID NO I WAS STILL TRYING TO TRYING TO WORK THAT ANGLE A LITTLE BIT MORE SO WITH THAT BEING SAID THE ONLY OTHER WAY IS OFF OAKVIEW WHICH THERE'S ENOUGH SPACE TO DO.

SO I DON'T THINK THERE'S ANYTHING THAT SAYS WE HAVE TO BE X AMOUNT OF DISTANCE AWAY FROM THE CORNER THERE SO IF THEY'RE NOT GOING TO LET US MOVE THE STOP SIGN, THEN OAKVIEW IS REALLY THE ONLY WAY TO PUT A DRIVEWAY.

OKAY. HAVE YOU HAD ANY CONVERSATIONS WITH THE CITY ABOUT AN EASEMENT ACROSS THAT ADJACENT PROPERTY? I THE ONLY CONVERSATION, MR. BIGHAM, HE CONTACTED THEM.

HE TRIED TO PURCHASE A LOT AND THEY SAID THEY WEREN'T INTERESTED.

AS FAR AS AN EASEMENT, WE HAVE NOT DONE THAT.

OKAY. OKAY.

THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? THOSE WERE GOOD QUESTIONS.

SO YOU DON'T HAVE A DESIGN THAT SHOWS A DRIVEWAY FROM OAKVIEW, CORRECT? I DID NOT ON THAT.

NO, BUT I MEAN, THERE'S MORE WIDTH THERE THAN THERE IS COMING OFF IT.

SO WE ONLY NEED LIKE TEN FEET.

SO I THINK WE CAN MAKE THAT WORK AND HAVE YOU CHECKED WITH TRAFFIC AS FAR AS THE LOCATION OF THE DRIVEWAY? BECAUSE I KNOW THEY THEY DO LIKE A CERTAIN DISTANCE OF CURB CUTS AWAY FROM CORNERS OF STREETS I HAVE NOT.

I WAS JUST LOOKING IN THE UDO SO I HAVE NOT DONE.

YOU MAY WANT TO CHECK WITH WHOEVER'S IN CHARGE OF TRAFFIC AND FIND OUT FROM THEM.

I DON'T KNOW WHO THAT IS.

I DON'T KNOW, IT DOESN'T APPLY TO R-60.

OKAY, THERE THERE IS A REQUIREMENT, I THINK, OF 30FT FROM A CORNER, 30 OR 50 SOMETHING LIKE THAT, BUT THAT WOULD BE FOR MULTI-FAMILY AND DIFFERENT.

YEAH, AND COMMERCIAL, BUT IT DOESN'T APPLY TO THE R-60 ZONING OKAY.

ANY OTHER QUESTIONS FOR THE APPLICANT? I JUST HAVE ONE PROCEDURAL QUESTION, WHICH IS, DO WE HAVE AN AFFIDAVIT ON FILE FROM MR. BIGHAM TO AUTHORIZE MR. MALONE TO PRESENT ON HIS BEHALF? WE DO NOT KNOW.

WE CAN. YEAH, IF WE CAN GET THAT.

YEAH, YEAH, YEAH, JUST HAVE HIM WRITE THAT.

THAT YOU'RE ALLOWED TO BE HIS REPRESENTATIVE.

YEAH. OKAY. OKAY.

THANK YOU. ALL RIGHT.

I'D LIKE TO OPEN IT UP FOR PUBLIC COMMENT.

ANYONE WHO WISHES TO SPEAK IN FAVOR OF THE VARIANCE REQUESTED FOR 102 FIFTH AVENUE.

ANYONE WHO WISHES TO SPEAK IN OPPOSITION OF, OR WHO SIMPLY HAS QUESTIONS ABOUT.

[00:10:13]

HELLO AGAIN EVERYONE.

I AM KRISTIN [INAUDIBLE]. I LIVE AT 324 SPRING STREET WHICH IS THREE HOUSES UP FROM THIS CORNER ON SPRING, OBVIOUSLY.

I AM HERE BECAUSE I AND MANY OF MY NEIGHBORS ARE OPPOSED TO THE GRANTING OF THIS VARIANCE FOR A VARIETY OF REASONS WE ALL SPOKE AT LENGTH AT THE AUGUST MEETING, I BELIEVE WE ARE CONTINUE TO BE QUITE CONCERNED ABOUT THE PROPOSED PLANS THAT HAVE COME BEFORE YOU TONIGHT THE CHIEF THE BIGGEST CONCERN IS THE STOP SIGN AT THE CORNER OF OAKVIEW AND FIFTH AVENUE.

THAT IS AN INCREDIBLY BUSY INTERSECTION.

IT'S PROBABLY, IF NOT THE BUSIEST, THE SECOND BUSIEST INTERSECTION IN OAKHURST THERE ARE LIKE, 600 KIDS THAT CROSS THE STREET RIGHT THERE TWICE A DAY USING THE CROSSWALK AND THAT STOP SIGN, AND I CAN TELL YOU, AS SOMEONE WHO'S LIVED ON SPRING STREET FOR 20 YEARS, THE TRAFFIC AT THAT CORNER, BECAUSE OF THE WAY OAKVIEW HAS THE SPLIT, IT HAS THE MEDIAN GOING DOWN THE MIDDLE OF IT, AND THE ODD ANGLE THAT SPRING STREET COMES OFF OF IT.

THE SIGHT LINES ARE INCREDIBLY ODD.

WE HAVE HAD A CAR FLIP ON SPRING STREET BECAUSE OF THE SPEED THAT PEOPLE.

USE COMING BECAUSE IT'S NOT A RIGHT ANGLE TURN.

SO THE PEDESTRIAN SAFETY ISSUE RIGHT THERE IS INCREDIBLY HIGH.

THERE'S A DECATUR POLICE OFFICER WHO'S POSTED THERE DURING DISMISSAL AND ARRIVAL EVERY DAY BECAUSE PEOPLE BLOW THAT STOP SIGN ALREADY.

SO IF WE MOVE IT AND WE'RE REALLY CONCERNED ABOUT THE SAFETY OF THE CHILDREN AND THE PEOPLE WHO WALK IN THE NEIGHBORHOOD AND THEN JUST THE IMPRACTICALITY OF NOT HAVING A STOP SIGN IN A PLACE, THERE'S BEEN ONE FOR A REALLY LONG TIME.

I'M NOT SURE HOW THAT.

I MEAN, I KNOW AT THE OTHER END OF SPRING STREET WHERE THEY ADDED A STOP SIGN AT EAST LAKE YEARS AGO, PEOPLE STILL FORGET THAT THERE'S A STOP SIGN THERE.

SO CHANGES IN STOP SIGNS ARE INHERENTLY DANGEROUS I KNOW THAT.

THE SETBACK VARIANCE APPLICATION IS NOT THE PROPER VENUE FOR DISCUSSING DRAINAGE PROBLEMS, BUT THAT LOT AS SMALL AS IT IS, IS THE CATCH BASIN FOR ALL THE WATER, ALL OF IT AND A HALF SUBMERGED CARPORT IS GOING TO COLLECT ALL OF THAT WATER, ESPECIALLY IF THERE'S A CURB CUT OFF OF OAKVIEW, BECAUSE THAT IS WHERE THE WATER COLLECTS THE WATER THAT OVERFLOWS.

THE CURRENT DRAINAGE THAT'S IN EXISTENCE RIGHT NOW COLLECTS IN THE STREET ALONG OAKVIEW ROAD, RIGHT THERE WHERE THIS THE CURB WOULD BE CUT IN ANY CONCEIVABLE.

MANIPULATION OF PHYSICS TO CREATE A DRIVEWAY RIGHT THERE.

I MEAN, IT'S JUST VERY CONCERNING FROM A VARIETY OF REASONS, NOT THE LEAST OF WHICH IS I'M THINKING ABOUT A FUTURE NEIGHBOR OF MINE WHO IS GOING TO BE BUYING A HOUSE THAT IS NOT OBVIOUSLY A FLOOD PRONE RISK.

IT'S GOING TO FLOOD.

MY HOUSE FLOODS.

I AM AT LEAST THREE FEET HIGHER THAN THIS PROPERTY.

MAYBE NOT THREE. TWO PROBABLY SO THERE ARE A COUPLE OF THERE ARE A LOT OF CONCERNS.

I GET IT, IT IS A VERY AWKWARD LOT.

I WOULD LOVE TO SEE A HOUSE.

WE LOVE OUR NEIGHBORS.

WE LOVE ALL OF OUR NEIGHBORS.

WE WOULD LOVE TO HAVE MORE OF THEM, BUT I JUST DON'T SEE HOW IT IS POSSIBLE TO PUT A HOUSE ON THIS LOT THE OTHER THING THAT I AM CONCERNED ABOUT, I THINK THE CHAIR TOUCHED ON IT A MINUTE AGO.

THE WRITTEN DESCRIPTION OF THE VARIANCES BEING REQUESTED HAS NOT CHANGED SINCE THE AUGUST APPLICATION.

I KNOW THE PLANS THAT ARE ATTACHED HAVE CHANGED, BUT THE SETBACK VARIANCE THAT'S CURRENTLY BEING REQUESTED IN THE WRITTEN PORTION OF THE VARIANCE APPLICATION STILL HAS THE REAR SETBACK IS SIX FEET FROM THE ADJACENT PROPERTY LINE, WHICH IS INSIDE THE STORM WATER EASEMENT AND IT HAS. IT'S ALL THEY'RE ALL COMPLETELY DIFFERENT THAN WHAT'S IN ANY OF THE PROPOSED PLANS.

SO MY CONCERN WOULD BE THAT IF THE PLANS THAT GET APPROVED ARE SOMEHOW EVER BECOME DETACHED FROM THE WRITTEN PART OF THE APPLICATION THAT GETS APPROVED, THEN WE'RE GOING TO HAVE A LOT OF CONFUSION ABOUT WHAT THE ACTUAL SETBACKS ARE THAT HAVE BEEN APPROVED FOR THIS PROPERTY, AND I DON'T KNOW WHAT OUR RECOURSE IS AS NEIGHBORS.

IF IT LOOKS LIKE SOMETHING'S GETTING BUILT THERE, THAT'S NOT IN COMPLIANCE WITH THE APPROVED SETBACKS.

IF THERE'S, IF THERE'S CONFUSION ABOUT THAT.

SO I WOULD APPRECIATE SOME EXPLANATION ABOUT THAT AS WELL.

THANK YOU. HI, CHRISTOPHER PHILLIPS 128 FIFTH AVENUE.

SORRY, I RAN FROM THE PARKING GARAGE.

I HAVEN'T GOT MY [INAUDIBLE].

MY, I'M ON FIFTH, AND MY MAJOR [INAUDIBLE] SO FAR I THINK YOU GUYS ARE MORE VERSED

[00:15:09]

IN THE TECHNICAL ASPECT OF EVERYTHING, BUT IN DOING THE RESEARCH FOR, FROM MY PERSPECTIVE OF THE PROPERTY I THINK THE PROPERTY OWNERS ARE A LITTLE BIT OVER THEIR HEADS AND NEED SOME GUIDANCE IT SEEMS LIKE WHEN THEY WHEN THEIR STRUCTURE FIRST GOT TORN DOWN, THEY GOT A LIEN ON THEIR PROPERTY FOR LIKE, 60, 70, 60 GRAND WHICH IT WAS A BLACK CHURCH, IF I RECALL, AND THEN NOW THEY'RE TRYING TO FIGURE OUT HOW TO BUILD ON A UNIQUE LOT WITHOUT THE GUIDANCE OF THE CITY I LIKE.

I SAY THE LOT ITSELF SEEMS A LITTLE DANGEROUS WITH THE STOP SIGN, EVEN IF YOU THE SETBACKS HAVEN'T CHANGED AT ALL, AND THE EASEMENT, THE EASEMENT THAT'S CURRENTLY ON THE PROPERTY, IS THERE A WAY TO PUT THE DRIVEWAY ON THE ON THE EASEMENT AND IT'S STILL OPEN? I DON'T KNOW, I'M NOT A PROFESSIONAL.

I DON'T KNOW IF THEY ARE VERSED IN THE NEW, IN THE NEW WAY OF HOW CITY OF DECATUR HAS BEEN SINCE THEY'VE BEEN IN THE NEIGHBORHOOD FOR GOD KNOWS HOW LONG ALSO THE TREES IS MY MAIN CONCERN, MY THIRD CONCERN IF YOU REMOVE THAT AT THIS POINT, I THINK TWO TREES ARE SUPPOSED TO BE ON THE PROPERTY WITH THE SETBACK.

NO TREES CAN BE ON THE PROPERTY AND LIKE YOU SAY, THE OBSTRUCTION HEIGHT, WHETHER EVEN IF IT'S A TEN FOOT BUILDING, KIDS WON'T BE ABLE TO SEE.

I LIVE ON FIFTH AVE.

THERE ARE NO THERE ARE NO SPEED REDUCTION IMPLEMENTATIONS OR ANYTHING.

SO I MEAN, THEY'RE GOING 40 MILES AN HOUR DOWN FIFTH AVE.

WE TRIED TO GET SPEED BUMPS SEVERAL TIMES BEFORE ME, AND RECENTLY IT DOESN'T.

I THINK IT'S AN EMERGENCY LANE.

SO PUTTING ANOTHER OBSTRUCTIVE VIEW I THINK WE HAVE THE FASTEST STREET IN OAKHURST.

MAYBE NOT DECATUR, BUT AT NIGHT TIME, FOR SURE, WE HAVE THE FASTEST STREET.

WE HAD TWO CARS FLIPPED, ONE CRASHED AND ONE CRASHED.

IT'S KIND OF LIKE A DRAG RACE AT NIGHT.

I MEAN, I KNOW WE'RE FIXING THAT, BUT ULTIMATELY, FROM A FROM A BLACK PERSPECTIVE, IT'S A BLACK PROPERTY OWNER THAT'S BEEN HERE FOR A VERY LONG TIME, WAY OVER THEIR HEADS, AND I THINK WHAT THE MANY INITIATIVES OF THE 2030 INITIATIVE, I DON'T KNOW IF YOU GUYS COULD DIRECT THEM TO FIGURE OUT HOW IT HAPPENED.

I KNOW THE FIRST MEETING, MR. RUTLEDGE ASKED ASKED YOU IF YOU COULD IF THE CURRENT IF THE SETBACKS THAT ARE THERE, IF IT'S A BUILDABLE LOT.

YOU STATED IT IS A BUILDABLE LOT, WHICH MEANS THERE IS NO NEED FOR A SETBACK AT ALL.

WE HAVE THOSE TINY HOUSE.

WE HAVE THAT TINY HOUSE EXPOSITION.

MAYBE THERE COULD BE A TINY HOUSE ON THE CURRENT SETBACKS.

I DON'T KNOW WHAT NEEDS TO HAPPEN, BUT I DO KNOW THERE IS A DIVERSITY INITIATIVE WITHIN THE CITY OF DECATUR TO KEEP THE COMMUNITY, KEEP THE EXISTING PEOPLE IN THE COMMUNITY, WHETHER THEY'VE BEEN HERE FOR 30 YEARS, FIVE YEARS OR 20 YEARS, AND RIGHT NOW, THEY'VE TRIED EVERY EVERYTHING THEY KNOW, AND CLEARLY THEY DON'T KNOW DECATUR, BECAUSE WHEN I MOVED TO DECATUR, MY ARCHITECT SAID, I'VE NEVER DONE DECATUR.

IT'S GOING TO COST A LOT MORE BECAUSE I HAVE GOT TO GO TO THE CITY EVERY TIME WE DO SOMETHING BEFORE AND AFTER.

I DON'T THINK HE KNOWS THAT, BUT WHEN YOU THEY I THINK THIS I DON'T KNOW IF HE'S TRIED LIKE YOU SAID, HE NEEDS TO PARTNER WITH OBVIOUSLY HE NEEDS TO PARTNER WITH THE CITY.

HEY, WHAT WILL WORK EVERY TIME HE DRAWS SOMETHING? WHAT WILL HAPPEN EVERY TIME? IF HE WANTS A HEIGHT, WHAT WILL HAPPEN? AND IT IS VERY TEDIOUS, BUT YOU HAVE TO [INAUDIBLE] WITH THE CITY, AND I DON'T THINK THEY KNOW THAT MOST OLDER DECATUR RESIDENTS DO NOT KNOW. I MEAN.

BOTH MY NEIGHBORS TO THE LEFT AND RIGHT OF ME, CLEARLY THEY HAVE, THEY HAVE ADD-ONS THAT ARE NOT PERMITTED.

IT LOOKS LIKE IT'S NOT PERMANENT THAT THEY'RE PROBABLY ONE OF THOSE NEIGHBORS, AND SO I DON'T KNOW WHAT YOU GUYS CAN DO TO HELP THESE PEOPLE, BUT AS IT CURRENTLY STANDS.

IT'S A NO FOR ME.

HI, I'M LAURA SPRIGGS.

I LIVE AT 316 SPRING STREET I'M JUST UP FROM KRISTIN.

SO VERY CLOSE TO THIS PROPERTY I WAS READING OVER THE CRITERIA FOR APPROVAL IN THE STAFF REPORT AND A FEW OF THE THINGS THERE

[00:20:09]

REALLY JUST TO ME, INCREASING THE CONGESTION AND PUBLIC STREETS ANYTHING ON THAT CORNER AS KRISTIN REFERRED TO IS GOING TO MAKE CONGESTION IN THAT AREA WORSE.

I SERVED ON SAFE ROUTES TO SCHOOL AT FAVE FOR SEVERAL YEARS, SO I'M VERY AWARE OF THE STUDENT POPULATION THAT WALKS TO SCHOOL, AND ALSO WITH THE FLOODING IN THAT AREA, ANY TIME IT RAINS, THERE'S A LOT OF WATER THAT COLLECTS THERE ON SPRING STREET, ON OAKVIEW, AND ON FIFTH AVENUE THAT MAKES IT DIFFICULT FOR THE CHILDREN TO CROSS THE STREETS.

SO HAVING A PROPERTY THERE THAT MAKES THAT FLOODING EVEN WORSE WOULD BE TERRIBLE BUT ANY KIND OF MOVING OF THE SIDEWALK OR PUTTING A DRIVEWAY IN THAT AREA IS GOING TO INCREASE THE CONGESTION.

I THINK IT'S GOING TO IMPERIL THE PUBLIC SAFETY AND BEING UPSTREAM, BECAUSE THERE IS THAT STORM WATER STREAM THAT RUNS THROUGH ALL OF OUR BACKYARDS ON SPRING STREET, I THINK IT'S GOING TO POSSIBLY DIMINISH OUR PROPERTY VALUE BECAUSE IT'S GOING TO MAKE OUR HOMES FLOOD EVEN MORE AND OUR YARDS FLOOD EVEN MORE SO YEAH, I'M A NO FOR THIS CONSTRUCTION AS IT IS, AND I DON'T SEE HOW YOU CAN BUILD ON THIS LOT AT ALL.

THANK YOU.

MAY I APPROACH? YEAH, CERTAINLY.

I BROUGHT THESE IN AUGUST, BUT I THOUGHT I'D BRING THEM BACK AGAIN TO GIVE YOU GUYS A VISUAL OF WE COLLECTED PICTURES OF THE FLOODING, AND IT'S NOT THE WORST FLOODING.

THIS IS THE FLOODING PICTURES AVAILABLE ALONG SPRING STREET THAT WATER THAT WE'RE TALKING ABOUT.

GOOD EVENING. MY NAME IS ROBYN PAYNTER.

I'M AT 332 SPRING STREET, SO I AM AT THE LOT THAT IS DIRECTLY BEHIND THE PROPOSED BUILDING AT 102 FIFTH AVENUE WE ARE THE LOT THAT HAS THE ACTUAL DRAIN IN IT THAT TAKES CARE OF ALL THE FLOOD WATERS AND ALL OF THE EXCESS STORMWATER THAT COMES FROM FAYETTEVILLE, ALL THE WAY DOWN SPRING STREET WHEN OUR DRAIN BACKS UP OUR ENTIRE ALL OF OUR NEIGHBORS BACKYARDS FLOOD, AS YOU CAN SEE HERE.

MY HUSBAND I HAVE LIVED IN THIS HOUSE FOR FOUR YEARS THE CITY IS SUPPOSED TO COME AND MAINTAIN THE DRAIN.

THEY DON'T MAINTAIN THE DRAIN.

WE MAINTAIN THE DRAIN.

I'VE BEEN OUT THERE IN RAIN, UP TO MY TOP OF MY THIGHS, MY WAIST, GOTTEN BITTEN BY ANTS, GONE INTO ANAPHYLACTIC SHOCK BECAUSE OF IT.

GOT PRESCRIBED AN EPIPEN AFTER THAT EPISODE.

IT'S A REAL ISSUE.

WE TRY OUR BEST TO KEEP THAT DRAIN AS CLEAR AS WE CAN, BECAUSE WE KNOW THAT THERE WILL BE FLOODING IN OUR YARD.

THERE WILL BE FLOODING IN OUR NEIGHBOR'S YARD, AND WHEN IT RAINS REALLY HARD, PARTICULARLY WITH THE RAINS WE'VE BEEN HAVING RECENTLY, THE REALLY TORRENTIAL SUMMER RAINS THAT POTENTIALLY ARE PART OF CLIMATE CHANGE THAT WE'RE SEEING.

IT DOESN'T MATTER HOW MUCH WE PREPARE THAT DRAIN, IT DOESN'T MATTER IF WE CLEAN IT OUT EVERY DAY.

IF WE'RE GETTING A REALLY HARD RAIN AND EVERYONE'S DEBRIS IS WASHING DOWN INTO OUR YARD.

OUR YARD IS GOING TO FLOOD 1 OR 2.

FIFTH AVENUE IS GOING TO FLOOD, THE ENTIRE CORNER IS GOING TO FLOOD, AND ALL OF OUR NEIGHBORS UPSTREAM ARE GOING TO FLOOD, AND THAT'S JUST THE REALITY, AND I KNOW THAT THIS IS NOT A STORMWATER MEETING, BUT I JUST WANTED TO PREFACE MY REMARKS BY BY SAYING THAT AND EXPLAINING IT A LITTLE MORE FULLY TO MY MIND.

THE BOARD HAS NOT BEEN PRESENTED WITH A VIABLE PLAN FOR 102 FIFTH AVENUE THIS EVENING.

FIRST OF ALL, THERE'S NO PLAN IN EVIDENCE WITH A DRIVEWAY ON OAKVIEW, SO WE JUST DON'T EVEN KNOW WHAT THAT LOOKS LIKE.

SECOND, THE NARRATIVE IS INCORRECT.

IT HASN'T BEEN UPDATED.

THIRD, THERE'S A LACK OF AFFIDAVIT, EVEN FROM MISTER BINGHAM.

HE CAME TO THE LAST MEETING, NOT REALIZING STAFF HAD RECOMMENDED AGAINST HIM.

THIS HAD BEEN SET OVER FOR THIS MEETING.

HE'S NOT HERE TONIGHT.

HE HAS SOMEONE ELSE HERE ON HIS BEHALF.

HE HASN'T EXECUTED THE AFFIDAVIT.

EACH OF THESE, TAKEN BY THEMSELVES IS NOT THAT BIG OF A DEAL, BUT WHEN YOU'RE LOOKING AT IT ALL TOGETHER, WHAT'S CONCERNING TO ME IS THE LACK OF CARE AND DILIGENCE THAT'S GONE INTO THIS PLAN FROM THE GET GO, AND MAYBE IT'S JUST THAT HE'S IN OVER HIS HEAD, AS MY NEIGHBOR CHRIS SAID BUT I'M WORRIED THAT IF WE HAVE SOMEONE BUILDING AT 102 FIFTH AVENUE WHO'S SHOWN THIS LACK OF CARE AND DILIGENCE IN THEIR PLANS.

[00:25:07]

MAYBE WE'RE GOING TO SEE THAT THEY'RE BUILDING.

TECHNIQUES ARE NOT GOING TO BE AS DILIGENT AS WE'D HOPE.

I WORRY ABOUT THE FLOODING BECOMING WORSE.

I WORRY ABOUT THAT FLOODING BECOMING A TAKING OF MY PROPERTY, PROPERTY OF MY NEIGHBORS BECAUSE IT WOULD DECREASE PROPERTY VALUE, DAMAGE OUR PROPERTY AND I JUST WANT TO REMIND THE BOARD THAT THEY MAY NOT PRIVILEGE ONE PROPERTY OWNER OVER ANOTHER YOU KNOW, CERTAINLY I WOULD LOVE TO SEE DIFFERENT KINDS OF HOUSING AVAILABLE IN THE NEIGHBORHOOD. I'D LOVE TO SEE MORE DIVERSITY IN THE NEIGHBORHOOD.

I DON'T WANT TO SEE A NEIGHBOR MOVE IN AND HAVE A HOUSE THAT IS CONSTANTLY MOLDING, CONSTANTLY FLOODING, OBSTRUCTING TRAFFIC WHERE WATER IS SWEEPING ONTO THEIR PROPERTY, RUNNING DOWN AND CAUSING GREATER FLOODING ISSUES, AND IT'S JUST GOING TO BE A PROBLEM AND A HEADACHE.

FROM HERE ON OUT AS FAR AS THE FLOODING ON THAT CORNER GOES WITH BETWEEN OAKVIEW AND SPRING IF I PARK MY CAR IN FRONT OF MY HOUSE ON SPRING STREET IN A RAIN.

THERE HAVE BEEN TIMES WHEN I'VE LOOKED OUT MY FRONT WINDOW AND BEEN LIKE, OH MY GOODNESS, I NEED TO MOVE MY CAR INTO MY DRIVEWAY BECAUSE THE ENGINE MAY FLOOD.

THAT'S HOW DEEP THE WATER GETS I DRIVE A MINIVAN ANYWAYS, IT JUST SEEMS REALLY UNVIABLE FROM A SAFETY PERSPECTIVE.

I HAVE TWO 10 YEAR-OLD BOYS WHO ATTEND FIFTH AVENUE THERE ARE JUST KIDS, KIDS, KIDS, KIDS, KIDS FROM 7:25 IN THE MORNING TILL ABOUT 8 A.M.

IN THE MORNING. THEN AGAIN, YOU START SEEING THE PARENTS COME AROUND 1:55-2:00 I SOMETIMES HAVE TO GO OUT AROUND 2:30 TO RUN AN ERRAND THAT RECURS I CAN HARDLY GET OUT OF MY OWN DRIVEWAY.

THERE ARE PYLONS THAT RUN ON FIFTH AVENUE BETWEEN OAKVIEW AND FIFTH.

I DON'T KNOW IF YOU GUYS NOTICED THEM WHEN YOU WENT OUT AND LOOKED AT THE PROPERTY.

SOME OF THEM ARE CRUMPLED BECAUSE THE TRAFFIC IS SO BAD THE ONE, THE ONES ON THE END NEAR OAKVIEW ARE SOMEWHAT CRUMPLED BECAUSE PEOPLE HAVE RUN INTO THEM, AND THAT'S A BAD, BAD CORNER YOU KNOW, WE HAVE TWO CROSSING GUARDS THERE.

WE HAVE THE POLICE THERE.

IT'S STILL BACKED UP LIKE I, I AVOID THAT AREA AND I LIKE I LIVE THERE, SO IT'S LIKE VERY DIFFICULT TO GO OUT AND AROUND IF I NEED TO COME IN AND OUT THAT TIME OF DAY. THAT'S ALL I REALLY HAVE TO SAY TO THE BOARD TONIGHT.

I THINK YOU'VE HEARD FROM A LOT OF NEIGHBORS.

YOU'VE HEARD FROM US BEFORE IN AUGUST I WOULD URGE YOU TO NOT GRANT THE VARIANCE AT THIS TIME I THINK WE NEED TO SEE A LOT MORE SOLID PLANS THAT TAKE INTO ACCOUNT THESE ISSUES, AND I'VE NOT SEEN THEM FLESHED OUT, AND I'VE NOT SEEN THE KIND OF CARE AND DILIGENCE I WOULD HOPE THAT SOMEONE APPROACHING A CHALLENGING OR MORE UNIQUE PROPERTY LIKE THIS WOULD BRING TO THE TABLE.

THANKS VERY MUCH.

THANK YOU. ANYONE ELSE WISH TO SPEAK IN OPPOSITION TO YOU, OR HAVE QUESTIONS ABOUT THE VARIANCE AT 102 FIFTH AVE? ANY ONLINE COMMENTS? THERE ARE NO ONLINE. ALL RIGHT.

THANK YOU. I WILL GO AHEAD AND CLOSE PUBLIC COMMENT AND WE'LL MOVE INTO BOARD DISCUSSION.

I'D PROBABLY FIRST SAY THANK YOU FOR YOUR DILIGENCE TO PUT TOGETHER THREE OPTIONS BUT JUST GLANCING AT IT AS AN ARCHITECT AS WELL I PERSONALLY WOULD RUN FROM THIS PROPERTY.

YOUR SLOPE FIRST OFF IS GOING TO BE MAJOR ISSUES.

YOU'RE SHOWING A DRIVEWAY THAT HAS A GARAGE THAT SLOPES DOWN INTO THE PROPERTY FROM 1022 TO 1020.

THE WATER IS GOING TO COME STRAIGHT THROUGH YOUR DOOR.

WE'RE NOT HERE FOR THAT, BUT JUST TO LET YOU KNOW, I DON'T KNOW IF YOUR BASEMENT, YOUR BASEMENT BEDROOMS MEET THE EGRESS HEIGHT FOR THE WINDOWS.

THAT'S ANOTHER THING THEY'LL GET CAUGHT IN PERMITTING I APPRECIATE THE THREE OPTIONS, BUT I DON'T THINK THEY'RE HERE YET.

SO THAT'S KIND OF WHERE I AM ON THIS BECAUSE YOU'VE GOT.

YOU HAVE SO MANY RESTRAINTS ON THIS PROPERTY, IT'S A BIT INSANE IT'S GOING TO TAKE A WHILE TO FIGURE IT ALL OUT IF YOU WANT TO PROCEED.

SO. I DON'T THINK WE COULD GRANT A VARIANCE UNTIL WE KNOW THAT WHATEVER IS PUT BEFORE US COULD ACTUALLY WORK.

SO THAT'S KIND OF WHERE I STAND.

YEAH I'LL ECHO I THINK THERE'S BEEN A LOT OF CREATIVITY AND THOUGHT PUT INTO THIS SITE.

I APPRECIATE THAT BECAUSE, I MEAN, I THINK, I MEAN, FROM A DESIGN PERSPECTIVE, I THINK THIS IS PROBABLY THE MOST CHALLENGING SITE I'VE SEEN IN

[00:30:05]

MY TWO YEARS ON THE BOARD, AND I THINK YOU SHOULD BE COMMENDED FOR THE THOUGHT AND CREATIVITY YOU PUT INTO MAKING A HOUSE WORK HERE IN AN IDEAL WORLD.

THE STREETS WOULDN'T BE LAID OUT THIS WAY, AND THIS THAT CORNER WOULDN'T BE A CORNER WOULD ACTUALLY BE A CORNER AND NOT SOMETHING THAT PEOPLE COULD JUST ZIP AROUND, WHICH IS WHAT THEY DO RIGHT AND THE LOT WOULD BE A LITTLE BIGGER BECAUSE THERE'D BE LESS PAVEMENT AND ASPHALT AND MORE ACTUAL LAND, BUT GIVEN THAT WE'RE NOT IN AN IDEAL WORLD, I DON'T THINK I CAN SUPPORT A PLAN THAT HAS A DRIVEWAY OFF FIFTH.

I JUST DON'T SEE ANY WORLD WHERE THAT WORKS PERSONALLY, I DON'T THINK YOU NEED PARKING HERE.

I KNOW THAT KIND OF THE LAST MEETING, WE WERE SORT OF SPLIT ON THAT.

SOME OF US WANTED TO SEE A PARKING SOLUTION, AND I WOULD PREFER JUST NOT SEE ANY OF THIS SITE.

I'M SORRY. I KNOW, AND YOU NEED AND YOU NEED.

I KNOW THAT WOULD BE ANOTHER VARIANCE, RIGHT BECAUSE YOU HAVE TO HAVE A PARKING SPOT, BUT TO ME, IT MAKES MUCH MORE SENSE TO DEVOTE THE WHAT TINY AMOUNT OF LANE YOU HAVE HERE TO A HOUSE AND NOT TRY TO JAM A GARAGE ON IT.

I JUST DON'T SEE A WAY THAT WORKS.

MAYBE YOU COULD GET.

A DRIVEWAY OR A CARPORT ON THE EAST SIDE WHERE THE EASEMENT AREA IS, SINCE YOU CAN'T BUILD IN THAT AREA.

THAT TO ME IS POTENTIALLY LIKE COMING OFF OF OAKVIEW.

I THINK THAT'S POTENTIALLY A PLACE WHERE YOU COULD HAVE A CURB CUT IN THE DRIVEWAY, BUT.

I JUST I DON'T SEE.

ANY VIABLE PLAN WHERE YOU ENTER A DRIVEWAY FROM FIFTH STREET AND I DON'T THINK IT'S NEEDED, I JUST DON'T.

IT'S I MEAN, IT COULD BE.

I THINK IT'S A PRETTY SMALL HOUSE.

I THINK THE OPTIONS YOU SHOW US NOW ARE A LITTLE BIGGER THAN THE ONE YOU BROUGHT IN IN THE FALL, BUT, I DON'T KNOW THAT YOU NEED A PARKING SPOT ON THE PROPERTY HERE.

IF YOU'RE GOING TO BE A SMALL HOUSE WITH 2 OR 3, MAYBE FOUR PEOPLE LIVING IN IT THAT'S JUST THAT'S KIND OF MY PERSPECTIVE AFTER LOOKING AT THESE OPTIONS, AND SO THAT WOULD, IF THE APPLICANT WERE TO GO THAT DIRECTION WOULD REQUIRE A VARIANCE.

YEAH. I WOULD BE MUCH MORE LIKELY TO SUPPORT A PROJECT THAT DOESN'T HAVE A DRIVEWAY, AND I THINK THE OTHER WELL, WE'RE GETTING INTO HYPOTHETICALS HERE, BUT I KNOW ONE OF THE THINGS THAT WE TALKED ABOUT LAST TIME, WHEN THE PLANS DID NOT INCLUDE PARKING ON THE SITE, WAS CONCERNS ABOUT THE RESIDENT PARKING ON THE STREET AND OBSTRUCTING SIGHTLINES.

SO, LIKE, IF I CAN GET BACK TO THIS QUESTION OF SIGHTLINES.

WELL, I MEAN, BUT THAT PARKING ON OAKVIEW, I DON'T THINK YOU CAN.

YEAH, YOU'D HAVE TO PARK ON SPRING OR FOURTH OR FARTHER UP FIFTH, RIGHT? I MEAN, I DON'T THINK YOU CAN.

I THINK YOU DON'T. YOU HAVE TO PARK.

I MEAN, A CERTAIN AMOUNT AWAY FROM.

RIGHT. I MEAN, I THINK I DON'T THINK YOU'D BE ABLE TO.

FOR THAT REASON, I DON'T THINK YOU'D BE ABLE TO PARK WITHIN.

I MEAN, ON THE POINT OF SIGHTLINES, THOUGH, I'D BE.

I MEAN, I'D LIKE TO SEE SOME SIGHTLINES, LIKE I'D LIKE TO KNOW FOR THAT REASON.

LIKE IF WHERE, WHERE WOULD THE CARS PARKED, WHERE WOULD THE CARS GO? WHERE WOULD HOW WOULD HOW WOULD THE HOUSE ACTUALLY BE? MAYBE IT WOULDN'T BE OBSTRUCTING SIGHTLINES THAT MUCH.

WE JUST DON'T KNOW.

I THINK THERE'S A LOT OF IDEA THAT IT WOULD BE OBSTRUCTING SIGHTLINES, BUT NOT IT MIGHT NOT BECAUSE YOU DON'T HAVE.

YOU DON'T HAVE TRAFFIC COMING FROM THAT WAY BECAUSE OF THE MEDIAN, RIGHT? I MEAN, YOU'RE REALLY JUST TALKING ABOUT PEDESTRIANS.

YEAH, WHICH IS OBVIOUSLY VERY IMPORTANT, BUT IT'S NOT LIKE THERE'S GOING TO BE SOME CAR BURNING DOWN OAKVIEW THAT YOU'RE NOT GOING TO BE ABLE TO SEE WHEN YOU'RE STOPPED AT FIFTH.

MAYBE. [CHUCKLING] I LIVE ON PONCE, SO.

SURE, I'VE SEEN ALL.

I MEAN, I LIVE ON MCDONOUGH, OF COURSE.

I TEND TO THINK PARKING IS IMPORTANT JUST BECAUSE YOU CAN'T PARK IN FRONT OF THAT LOT.

THERE'S NO PLACE ON THE STREET.

SO LIKE, I SEE WHERE YOU'RE COMING FROM, BUT I THINK I LEAN THE OPPOSITE DIRECTION.

SO I JUST WANT TO MAKE YOU AWARE OF THAT.

THAT KIND OF WHERE I AM WOULD BE.

I DO WANT TO SEE OFF STREET PARKING.

I AGREE THAT IT CAN'T BE DONE FROM FIFTH.

IT JUST DOESN'T SEEM LIKE THERE'S ANY WAY YOU CAN'T MOVE THAT STOP SIGN, LIKE YOU CAN'T MAKE IT SAFE TO LEAVE THERE.

SO I THINK IT WOULD HAVE TO GO ON OAKVIEW.

THAT'S KIND OF WHERE I'M LOOKING AT IT I WOULDN'T MIND SEEING A SMALLER DESIGN FOR THE HOUSE.

I THINK THAT MAYBE WE'RE JUST TRYING TO PUT TOO BIG OF A FOOTPRINT ON THIS TINY LOT AND SO IT'S NOT THAT I'M OPPOSED TO GRANTING A VARIANCE, BUT WHAT I'VE SEEN SO FAR JUST FEELS LIKE IT'S TOO MUCH LIKE, TOO MUCH OF A VARIANCE.

SO YOU'RE ASKING ME TO GRANT A REALLY SIGNIFICANT VARIANCE ON LIKE THREE SIDES OF THE PROPERTY?

[00:35:06]

YOU KNOW WHAT I MEAN? NORMALLY WE'RE LOOKING AT A VARIANCE FOR ONE SETBACK.

SO AND I KNOW THAT THE PROPERTY IS UNUSUAL, AND SO LIKE IT'S NOT THAT I'M THAT I'M TELLING YOU I ONLY WANT TO SEE ONE SETBACK VARIANCE, BUT I'M JUST SAYING IT'S DIFFERENT, AND SO IT FEELS VERY MUCH MORE SUBSTANTIAL OF A VARIANCE, AND, AND I'M JUST NOT PREPARED TO VOTE IN FAVOR OF THAT SIGNIFICANT OF A VARIANCE.

SO IS THERE ANYTHING THAT [INAUDIBLE].

WELL HOLD ON JUST A SECOND; LET'S STAY IN BOARD CONVERSATION HERE AND WE'LL LET YOU COME BACK UP AND CHAT WHEN WE GET TO THE END OF IT.

I MEAN, I WAS LOOKING BACK AT THE OLD.

I KEPT THE OLD APPLICATIONS TO SEE, LIKE THE SPACE, THE HOUSE THAT CAN BE BUILT WITHIN THE SETBACKS IS VERY, VERY SMALL.

SO I FEEL LIKE IT WOULD BE APPROPRIATE TO GRANT A VARIANCE, BUT I DON'T THINK THIS VARIANCE.

YEAH. I MEAN, SO I JUST WANT TO THANK THE APPLICANT, AS I MENTIONED EARLIER, AND AS SOME OF MY COLLEAGUES HAVE HAVE SAID, FOR PRESENTING DIFFERENT OPTIONS, THIS IS A VERY CHALLENGING PIECE OF PROPERTY AND GENERALLY, AS A RESULT, I'M IN FAVOR OF GRANTING SOME VARIANCE TO ENABLE SOMETHING TO HAPPEN HERE, AND IT'S NICE TO UNDERSTAND SORT OF THE THOUGHT PROCESS HERE.

I ALSO WANT TO THANK YOU FOR ADDRESSING SOME OF THE ISSUES THAT WE RAISED LAST TIME YOU WERE HERE AROUND PARKING AND AROUND NOT BUILDING ON TOP OF THE SEWAGE EASEMENT.

SO THANK YOU FOR THAT YOU KNOW, I THINK MY BIGGEST CONCERN WITH THIS IS WITH THIS PROPOSED VARIANCE IS THE SIGHT LINES HERE, GIVEN HOW TRAFFICKED IT IS WITH KIDS WALKING, BIKING, WHATEVER ELSE THAT'S A BIG CONCERN FOR ME, AND I KNOW ONE OF THE PUBLIC COMMENTS NOTED THAT THERE ARE CROSSING GUARDS THERE, BUT I FEEL LIKE IF OUR SOLUTION IS TO RELY ON CROSSING GUARDS, THAT'S A BAND-AID FOR AN ISSUE YOU KNOW, I WENT OUT AND SPENT A BUNCH OF TIME ON THE SITE AND I THINK IF THE IF THE STOP SIGN WERE NOT RELOCATED, IF THE STOP SIGN WERE WHERE IT IS TODAY.

THE REQUESTED VARIANCE ON THE NORTH SIDE FACING OAKVIEW IS ABOUT THE BIGGEST VARIANCE THAT I WOULD BE COMFORTABLE GIVING.

YOU HAVE ABOUT 20-25 FEET OF SIGHTLINES AT LIKE IF YOU'RE IN A VEHICLE AND YOU STOP AT THE LINE, YOU'VE GOT ABOUT 20, 25FT THAT YOU CAN SEE DOWN THE SIDEWALK IF THIS PROPOSED BUILDING WERE MET.

THAT'S ABOUT AS FAR AS I FEEL COMFORTABLE.

IF THE STOP SIGN WERE RELOCATED BEHIND THE DRIVEWAY, YOU'D HAVE LIKE 5 TO 8FT.

I AM NOT AT ALL COMFORTABLE WITH THAT, GIVEN HOW MANY KIDS AND PARENTS USE THAT SO I DO THINK THAT THE PROPOSED DRIVEWAY ON FIFTH AVENUE REALLY IS JUST UNTENABLE, GIVEN THE VARIANCE REQUESTED ON THE NORTH SIDE YOU KNOW, AS YOU SAID, YOU MAYBE YOU COULD DO A DRIVEWAY OVER THE EASEMENT YOU KNOW, AS I SUGGESTED, THE APPLICANT DURING THE PRESENTATION, MAYBE THE CITY WOULD BE WILLING TO GRANT AN EASEMENT ON THE PROPERTY THAT THEY OWN ADJACENT.

I CAN'T SPEAK FOR THE CITY, BUT THAT COULD BE ANOTHER OPTION THAT WOULD ALLOW THE CURB CUT TO BE PLACED FURTHER BACK BUT I DON'T THINK ANY OF THE OPTIONS THAT ARE PRESENTED TO US ARE ANYTHING THAT I FEEL COMFORTABLE VOTING IN FAVOR OF.

OKAY. YEAH, I AGREE WITH THAT.

MY MY BIGGEST CONCERNS ARE THE SIGHT LINES, AND IN ANY KIND OF A FUTURE PRESENTATION HAVING IT ACTUALLY I WOULD LOVE TO SEE THE PLACEMENT AND ACTUAL SIGHT LINES SHOWING THAT.

WHAT YOU COULD SEE FROM A CAR AND WHERE THE CAR WOULD.

I MEAN, THAT TO ME IS I WOULD SAY MY NUMBER ONE.

I HAVE A HARD TIME WITH EVERYTHING ELSE UNTIL THAT IS TAKEN CARE OF, AND WITH THE STOP SIGN BEING THERE THAT DRIVEWAY LOCATION, I JUST DON'T EVEN GET TO THE REST OF IT BECAUSE THAT'S SUCH A BIG ISSUE FOR ME.

I THINK THE OTHER THING THAT I WOULD SAY TOO, AS I MENTIONED EARLIER, I THINK THAT JUST TO BE ON THE SAFE SIDE, IF WE ARE TO CONSIDER A VARIANCE ON THIS PROPERTY, WE PROBABLY WANT TO CONSIDER A HEIGHT VARIANCE AS WELL, BECAUSE I DON'T DESPITE WHAT EILEEN MENTIONED, IN TERMS OF THE INTERPRETATION AND APPLICATION, I DON'T SEE ANY MINIMUM HEIGHT SPECIFIED IN THE UDO SO IF WE READ IT LITERALLY, YOU BASICALLY HAVE A 12

[00:40:09]

FOOT BUILDING HEIGHT THAT'S ALLOWED, AND I JUST DON'T WANT TO GET TRIPPED UP ON THAT.

SO AGAIN, I WOULD BE IN FAVOR OF GRANTING THAT VARIANCE.

I WOULD JUST WANT TO BE CLEAR ABOUT WHAT WE ARE PERMITTING.

SO. ALL RIGHT.

ANY OTHER BOARD DISCUSSION ON THIS? MR. MALONE? NO. I MEAN. NO, ACTUALLY, IF YOU COULD APPROACH THE PODIUM.

SO IT DOES NOT APPEAR AS THOUGH YOU'VE GOT THE VOTES FOR VARIANCE FOR ANY OF THE OPTIONS THAT ARE REQUESTED.

YEAH YOU KNOW, I GUESS THE TWO QUESTIONS FOR YOU.

ONE YOU KNOW, YOU'VE HEARD THE DISCUSSION.

I WANT TO MAKE SURE THAT YOU ARE KIND OF CLEAR ON SORT OF WHAT OUR CONCERNS ARE.

IF THERE'S ANYTHING THAT WE CAN CLARIFY THAT WOULD BE HELPFUL TO YOU.

HAPPY TO DO SO AND THEN TO ASK YOU KNOW, FOR WHAT YOU WOULD PREFER TO DO, WHETHER YOU WANT TO DEFER TO A FUTURE MEETING OR TABLE THE APPLICATION.

NO, LET'S PUSH IT BACK WE'LL GO BACK TO THE DRAWING BOARD AND SEE IF WE CAN FIGURE SOMETHING OUT.

SO WITH THAT BEING SAID, LIKE, SO JUST SO I'M CLEAR, LIKE, ARE WE ARE WE TALKING ABOUT.

I WAS TALKING ABOUT FLOODING. ARE WE TALKING ABOUT SAFETY? [INAUDIBLE] BECAUSE, LIKE, TO ME, I HEAR A LOT OF [INAUDIBLE].

YEAH, I KNOW, BUT I HEAR A LOT OF HYPOTHETICAL.

FOR ME AS AN ARCHITECT, THE FIRST THING I WOULD DO IS TALK TO MR. BELL ABOUT THIS DROP INLET, FIGURE OUT HOW MUCH WATER IS ACCUMULATING THERE, FIND YOUR GRADES.

FIGURE OUT WHETHER OR NOT YOU CAN PUT A PARKING PAD ON THERE, BECAUSE THAT'S GOING TO BE THE BEST PLACE FOR YOU TO GET IF YOU WANT PARKING TO GET A AN UNCOVERED PAD THERE, IF THAT'S A FLOOD AREA, THEN THAT'S PROBABLY PRETTY BAD IDEA BECAUSE YOUR CAR'S GOING TO FLOOD.

YEAH AND OR HOW YOU COULD MITIGATE THE FLOODING THAT'S OCCURRING THERE WITH THE DEVELOPMENT AND GET THE CITY MAYBE TO LABOR SOME OF THAT COST BECAUSE IT SEEMS LIKE A PROBLEM THAT THEY HAVEN'T FIXED THAT THEY SHOULD BE BECAUSE I'M HEARING MONEY LIKE SO IT'S FLOODING.

THAT'S NOT A PROBLEM.

THAT'S WHAT I'M SAYING. THE CITY SHOULD BE PAYING FOR THAT.

SO, SO BUT YOU GUYS NEED TO GET TOGETHER AND FIGURE OUT WHAT THE PROBLEMS ARE SO YOU CAN FIGURE OUT HOW TO SOLVE THEM.

YEAH, AND THEN YOU CAN FIGURE OUT HOW TO DESIGN A HOUSE THERE UNTIL UNTIL YOU DO THAT.

TO ME, THAT'S THE FIRST THING.

IT'S ALWAYS A SITE, RIGHT? YOU GOT TO FIGURE OUT HOW THE SITE WORKS, HOW THE TOPO WORKS.

IF THERE'S WATER, YOU GOT TO FIGURE OUT HOW TO GET RID OF IT AGAIN, NOT JUST A PROBLEM YOU'VE INHERITED, BUT I THINK YOU AND THE CITY SHOULD GET TOGETHER, AND I THINK THEY SHOULD HELP YOU GUYS. IF THERE'S AN ISSUE HERE, THEY SHOULD ALSO HELP THE NEIGHBORS THAT HAVE TO TRUDGE THROUGH THAT EVERY TIME IT RAINS.

SO WE PAY A LOT OF TAXES HERE.

YOU WOULD THINK OUR WATER ISSUES WOULD BE FIXED I WOULD SUGGEST TO THE BOARD THAT, I MEAN, CLEARLY STORMWATER IS AN ISSUE HERE I LIVE IN THE NEIGHBORHOOD.

I'VE SEEN IT LIKE THE FOLKS WHO HAVE COMMENTED ON IT WHAT IS BEING REQUESTED HERE IS NOT A STORMWATER VARIANCE.

SO I DO QUESTION SOME OF THE WISDOM OF LIKE BASICALLY CREATING A WATERFALL INTO THE OR IMPERVIOUS.

IT'S NOT AN IMPERVIOUS SURFACE VARIANCE.

YEAH BUT BUT I DON'T KNOW THAT IS THE QUESTION BEFORE US IN TERMS OF GRANTING A VARIANCE.

SO I WOULD SAY TO YOUR QUESTION, MR. MALONE, FOR ME, IT'S ABOUT THE SETBACKS AND THE SIGHT LINES PARTICULARLY, AND KIND OF HOW THOSE INTERACT TO MAKE SURE THAT PEOPLE USING THE SIDEWALK IN PARTICULAR ARE ABLE TO SEE AND BE SEEN AND IF THERE ARE OTHER ISSUES RELATED TO THE SETBACK, CERTAINLY THAT WOULD BE, BUT AGAIN, I CAN'T TELL YOU HOW [INAUDIBLE], IS THAT WE HAVE TWO HANDS AND FOR THIS BOARD WE'RE ONE HAND IS HELD DOWN BECAUSE, YES, FROM A STANDPOINT, I COULD MAKE THIS WORK ALL DAY LONG CONCERNING ZONING, BUT YOU'VE GOT FIVE OTHER PROBLEMS. SO IF YOU TURN A BLIND EYE TO THOSE OTHER ONES, THEY'RE GOING TO POP UP DOWN THE ROAD AND YOU'RE STILL GOING TO BE AT THE SAME PLACE WHERE YOU ARE NOW.

YEAH, IT'S NOT AS SIMPLE.

TO ME THAT SPEAKS TO PART OF THE HARDSHIP OF THIS PROPERTY, BECAUSE I THINK THAT THE FIRST PLAN WAS RIGHT OVER THAT EASEMENT AREA.

RIGHT, AND WE ALL KIND OF SAID, WELL, THAT'S OBVIOUSLY NOT GOING TO WORK.

SO THEN YOU HAVE TO FIND THAT HUGE CHUNK IS TAKEN OUT OF THE PROPERTY, RIGHT? SO YOU HAVE TO FIND A WAY TO DESIGN AROUND IT, AND THAT, I MEAN.

SO AGAIN, IT DOESN'T SPEAK DIRECTLY TO THE VARIANCE REQUEST, BUT IT IS A SETBACK QUESTION IN A WAY, BECAUSE YOU HAVE TO SET BACK FARTHER FROM THAT PROPERTY LINE.

YEAH. WHICH IN MY MIND JUSTIFIES A LITTLE SHORTER SETBACK.

ON OTHER PARTS OF THE PROPERTY.

IF WE CAN BE SURE THAT THE SAFETY IS NOT BEING IMPACTED.

DOES THAT HELP? I DON'T KNOW. [INAUDIBLE].

BECAUSE, I MEAN, WE COULD WE COULD PUT A WE CAN PARK ON IT ALL DAY.

IT'S JUST HOW MUCH, HOW MUCH A LOT ARE YOU GOING TO LET US COVER.

YOU KNOW. SO IT'S YEAH, IT'S YOU TRY TO SOLVE ONE PROBLEM.

IT'S LIKE WHACK A MOLE, RIGHT? YEAH.

WELL, I THINK IF YOU DID A PARKING PAD, YOU WOULD DO A PERVIOUS ONE IT MIGHT BE ALLOWED TO DO THAT BECAUSE AN IMPERVIOUS.

[00:45:05]

EXCUSE ME. IS THAT PERMEABLE? PERMEABLE. THANK YOU.

IT'S BEEN A LONG DAY AND I THINK THE OTHER THING THAT YOU'VE HEARD, AT LEAST A COUPLE OF US SAY, IS THAT WE RECOGNIZE THAT THIS IS A REALLY CHALLENGING PROPERTY SO YOU HAVE ASKED FOR A VARIANCE FROM SETBACK REQUIREMENTS TO BE ABLE TO CONSTRUCT SOMETHING ON IT, PERIOD BUT I THINK THERE IS LIKELY YOU KNOW, SOME OPENNESS OF THE BOARD TO CONSIDER OTHER VARIANCES IF THEY'RE NEEDED TO, LIKE IF YOU'RE PLAYING WHACK A MOLE MOLE AND YOU CAN YOU CAN GET ALL OF THEM OR ALL BUT ONE OR WHATEVER THAT, THAT THERE WOULD BE SOME OPENNESS TO THAT GIVEN HOW CHALLENGING THE PROPERTY IS.

I MEAN, YOUR POINT ABOUT THE HARDSHIP, RIGHT? SO ANYWAY, I THINK AGAIN, I DON'T KNOW IF THAT'S NECESSARILY A DIRECTION OR AN ANSWER FOR YOU.

I THINK THE BIG CONCERN I WOULD SUGGEST IS AROUND THE SETBACKS AND THE SIGHT LINES, BUT THERE IS SOME DISCOMFORT AROUND THE STORM WATER.

CLEARLY YOU'VE HEARD THAT FROM THE NEIGHBORS YOU'VE HEARD THAT FROM SOME OF THE FOLKS UP HERE.

YEAH IT'S CHALLENGING, BUT IF THERE ARE OTHER VARIANCES THAT HELP YOU KIND OF SQUARE THAT CIRCLE YOU KNOW, SOMETHING THAT WE'D CERTAINLY CONSIDER.

ALL RIGHT.

NO, WE'RE CLOSING OUT THE THE BOARD CONVERSATION.

SURE. ALL RIGHT.

SO, EILEEN, IN TERMS OF THE NEXT MEETING THAT WOULD BE AVAILABLE, WOULD WE BE LOOKING AT MARCH GIVEN THE DEADLINE? WE'LL BE LOOKING AT MARCH I ALSO NEED TO DOUBLE CHECK I DON'T BELIEVE WE'VE GOTTEN ANY APPLICATIONS FOR FEBRUARY, SO WE MAY NOT HAVE THE MEETING IN FEBRUARY ANYWAY.

OKAY. I JUST WANT TO MAKE SURE FOR MR. MALONE'S BENEFIT. MARCH.

OKAY. YEAH OKAY, SO SOMEONE WOULD LIKE TO MAKE A MOTION I MOVE TO TABLE THE VARIANCE APPLICATION FOR 1 OR 2 FIFTH AVENUE TO THE MARCH 2024 MEETING.

TABLE OR DEFER? SORRY. DEFER.

EXCUSE ME. THANK YOU.

SECOND. GOT A MOTION TO DEFER THE APPLICATION FOR 1 OR 2 FIFTH AVENUE UNTIL THE MARCH MEETING IT'S BEEN SECONDED.

ALL IN FAVOR? AYE.

CHAIR VOTES AYE, AND WE'LL SEE YOU IN MARCH.

ALL RIGHT. ALL RIGHT. ALL RIGHT.

WE WILL NOW MOVE ON TO ITEM FOUR CATHERINE BROOKMEYER PROPERTY OWNER, HAS APPLIED FOR A VARIANCE FROM STREAM BUFFER REQUIREMENTS FOR THE PROPERTY AT 202 GARDEN LANE.

I AM NOT CATHERINE BROOKMEYER, BUT I AM HER HUSBAND.

I'M JASON CHERNOV I LIVE AT 202 GARDEN LANE.

I'M HERE WITH MIKE MCCRUM FROM [INAUDIBLE] CONSTRUCTION.

HERE'S QUESTIONS FOR EITHER ONE OF US WE PUT FORTH A VARIANCE REQUEST DUE TO A STREAM BUFFER PROXIMITY THE PROPERTY RESIDES WITHIN THE STREAM BUFFER.

WE BOUGHT THE PROPERTY IN 2009 THERE WAS AND IS STILL A BACK DECK THAT IS ELEVATED OFF THE GROUND, AND WE ARE INTERESTED IN SCREENING IN THE DECK ON TOP.

THE DECK ITSELF IS NOT SUITABLE TO DO THAT, THOUGH, WITHOUT REPLACING IT SO WHAT WE PUT FORTH IS AN APPLICATION TO REPLACE THE DECK WITH A SCREENED PORCH ON TOP OF IT, BUT STAYING WITHIN THE SAME FOOTPRINT, SO WE WOULD NOT ALTER THE LOCATION OR WIDTH OR LENGTH OF THE DECK IN ANY WAY AND I THINK THAT'S ESSENTIALLY WHAT WE'RE ASKING FOR PERMISSION TO DO.

ALL RIGHT. QUESTIONS FOR THE APPLICANT.

SO UNDERNEATH THE THE SCREENED IN PORCH, IT WOULD REMAIN DIRT.

IT WOULD. SO IT'LL STILL BE OPEN.

LIKE I NOTICED YOU HAVE LATTICE THERE NOW.

YEAH, WE'D ACTUALLY LIKE TO REMOVE THAT AND JUST KEEP IT OPEN ENTIRELY.

OKAY DID YOU HAVE AN OPPORTUNITY TO READ THE STAFF REPORT OR SPEAK WITH STAFF ABOUT THE RECOMMENDATION AROUND THE INFILTRATION, LIKE THE RAIN GARDEN I DID? I READ THE REPORT, I SPOKE WITH EILEEN ADDING A RAIN GARDEN DOES NOT SEEM TO BE A PROBLEM.

MIGHT WANT A LITTLE ADVICE ON THE BEST PLACE TO PUT IT, BUT WE'RE ACUTELY AWARE OF THE FLOODING AROUND THE AREA AND ANYTHING WE CAN DO TO MAKE THE PROPERTY A LITTLE BIT EASIER ON THE OVERFLOW.

WE'D BE HAPPY TO DO SO.

OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT?

[00:50:02]

RIGHT. THANK YOU SIR. THANK YOU.

ALL RIGHT. GOOD EVENING JENNINGS, PROJECT CIVIL ENGINEER I APOLOGIZE TO MR. TRULOCK. I'VE NOT BEEN ABLE TO GET BACK TO HIM SINCE GETTING BACK FROM THE HOLIDAYS SO AS THIS PROJECT GOES COMPARED TO SOME OTHERS THAT WE'VE SEEN, IT'S A RELATIVELY, FROM MY PERSPECTIVE, SIMPLE REMOVE AND REPLACE OF A DECK AND WE'D BE HAPPY TO TALK THROUGH WHERE THOSE OPTION IS TO LOCATE THE RAIN GARDEN INFILTRATION ZONE TYPICALLY REQUIRE TWO INCHES OF INFILTRATION IN A VEGETATIVE PRACTICE PRETTY STANDARD FOR SINGLE FAMILY HOMES TO INSTALL THESE RAIN GARDENS NOWADAYS AND I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE BUT THAT'S ALL I HAVE AT THIS POINT.

UNLESS Y'ALL NEED SOMETHING ELSE.

QUESTIONS FOR MR. BELL.

THANK YOU, SIR. ALL RIGHT.

[IV. Kathryn Brookmeyer, property owner, has applied for a variance from stream buffer requirements for the property located at 202 Garden Lane, Decatur, GA 30030.]

I'LL OPEN IT UP FOR PUBLIC COMMENT.

ANYONE WHO WISHES TO SPEAK IN FAVOR OF THE VARIANCE APPLICATION AT 202 GARDEN LANE.

ANYONE WHO WISHES TO SPEAK IN OPPOSITION TO OR SIMPLY HAS QUESTIONS ABOUT ANYTHING ONLINE.

ALL RIGHT. WE'LL CLOSE PUBLIC COMMENT AND MOVE TO BOARD DISCUSSION.

I THINK IT SEEMS PRETTY EASY.

THESE FOLKS HAVE PRETTY MUCH THEIR ENTIRE PROPERTY WITH THE 75 FOOT BUFFER THE DECK IS ABOUT AS FAR AWAY AS THEY CAN GET.

THEY'RE NOT ASKING TO DO ANYTHING NEW.

THEY'RE KEEPING IT OPEN UNDERNEATH TO ALLOW INFILTRATION.

IT SEEMS PERFECTLY REASONABLE TO ME, AND CONSISTENT WITH OTHER VARIANCE APPLICATIONS THAT WE HAVE GRANTED.

IT'S MY FEELING AS WELL I WOULD LIKE TO ADD A CONDITION, AS SUGGESTED BY THE CITY ENGINEER, AND AS THE APPLICANT SAID THAT THEY'D BE WILLING TO ACCEPT TO INSTALL A RAIN GARDEN OR OTHER INFILTRATION ZONE BUT OTHER THAN THAT.

YEAH. ANY OTHER DISCUSSION.

ANYONE WANT TO MAKE A MOTION? I WILL MAKE A MOTION TO APPROVE THE VARIANCE APPLICATION FOR 202 GARDEN LANE, CONDITIONED ON CONSTRUCTION, CONSISTENT WITH THE PLAN SUBMITTED AND THE CITY STAFF RECOMMENDATION FOR A RAIN GARDEN TO CAPTURE TWO INCHES OF RUNOFF.