okay
okay I'm back onto I'm back on to
YouTube well maybe yeah hey Ryan
okay if you take Sean see use your
iPhone to voice memo I just know that
you can do that I know you're tech savvy
and that way we'll capture two sides of
the room and I'm also going to do this
yeah
again no we'll see you back soon no so
I'm still good okay good did not
disconnect you so you can so I just need
to share my screen and put my desktop
there you go good
um
okay so you guys don't have microphone
you're not gonna use microphones
[Music]
reiterate that
[Music]
thank you
very much
[Music]
why was
yes
it doesn't say recording to the cloud
I'm excited here I want to show you a uh
yeah uh
you have Dropbox on here right yeah
like where is it just go to go to Google
Search browser oh you don't have to put
it there you need to put it there but I
usually
you don't have the actual yeah right
here so yeah you can another way to
easily open these exhibits while you're
in this is to use this folder well
instead of bringing up on the city's
website Yep this is a lot easier okay go
to board of money okay that way you're
not like around you have this one window
open always perfect you can open it
did that last time yeah we've just found
that to be a whole lot easier okay
seriously
I'm ready to roll
yep I just need a pen
okay um
[Music]
and uh
make an announcement that we are having
some technical glitches so
as you guys there's a crazy judicial
uh Enterprise
which means that we have to make a
record so we are making a record you're
using some other devices in the normal
devices around the entire room we
usually have large screens the projects
of the audience and and the board
members can see the issues that are
being discussed and the prince and
uh site plans things of that nature but
then I can go and have that capability
so we have a TV screen that the board
can see and if anybody uh is here
because of a particular case and wants
to see the board feel free to move up
and walk around and even stand over
there by this seats where you can see
the board another thing I would tell
everybody is not everybody
projects as well as I do when they're
talking but you need to project tonight
because we don't have any of the normal
microphones because everybody in the
back road back there deserves to hear
what's going on so I heard the members
of the board to uh speak in a fashion
that is uh loud enough that everybody
can hear
so with that
I would ask
Kathy to call the role of the members
that are at the meeting we're students
Mr Levine
here Paul here Mr Marsh here chairman
I'm here well uh we have uh normally
seven members of the board and in order
to pass an application you need to get
four votes the fact that there are fewer
than seven here that we've amended the
rules in the last couple years and now
what you need is a majority of the votes
so there's five members voting you need
three votes if there's three if there's
four members voting you still need three
votes and that's just a reality of Life
regrettably but if anybody feels that
they don't want to make their case to
abbreviated board that we have here
tonight uh you can certainly discuss
that possibility and call your case
otherwise uh has the member of the
members had a chance to review the
minutes of the uh March 2023 meeting in
if so if any board member have any
modifications or operations or any
then we'd like to correct in the prior
forecast
if not out of entertain a motion to
approve them and it's a prior meeting so
moved here thank you Mr check second
search Mr Marsh all in favor of the
motion please say aye
all of those name motion carries
unanimously the minutes are approved
the that's the city code provides an
opportunity for any citizen to comment
uh on the board's actions and activities
but not about a particular case this is
about General board business if anybody
here wishes to make a public comment on
the record about the board in its
actions now's your chance to do so so
please raise your hand if you're here to
do that
I see no indication of such so we'll
move on to the next which is old
business and do we have old business
this month
okay thank you very much
member of the board have any old
business
new business
brings us to our first case of the
evening which is application bzap-23-6
involving
2831 Dale Avenue
the applicant is Ryan brothers
landscaping and Pat Ryan the owner of
property is Matthew and Rachel gold who
request that the admit is making is a
variance to expand the driveway to four
feet six inches in a variance with an
inch 12 inch high retaining ball
Mr Ryan are you back there behind the am
okay please come forward then what Mr
chairman told me oh okay I forgot to
mention that so Mr Schick uh
each Syracuse itself in this matter
because he has a relationship
legal relationship with the advocates
so just to forewarn you now you have
four members who still need three votes
right yeah
y'all know if you raise your right hand
and be sworn do you swear or fall there
we go we got people more actions
appreciate your names of individually
pattern uh agreement Matthew thank you
thank you gentlemen do you all swear or
affirm that the testimony you're about
to give to this board conceding we
contribute the whole truth and nothing
but the truth okay thank you very much
all right Kathy
remind us about this matter I believe
we've had this matter before
that is true okay this application was
submitted
B zap 22-50 on January 26th requesting
to all six foot high fence
one foot closer to the east side
property line we've done the existing 48
inch back the application was denied the
applicant has submitted a new
application which includes a new plan
designed around divorce previous
comments from the January 18th the new
application lowers event and overall
height by one foot instead of requesting
a six foot fence they are proposing a 10
to 12 inch hard retaining wire retaining
wall six inches in width located one
foot behind the sidewalk they would like
to place a 48 inch fence
set back an additional one foot beyond
the machine pole this places the fence
two feet and six inches from the
sidewalk the retaining wall needs to be
included in your wall height due to the
change and grade which will give us in a
long hard to find heat the initial
design proposed to contain the wall at
the edge of the sidewalk after
recommendation from staff the applicant
has pulled the retaining wall back one
foot from the cycle
if I have visited the site and provided
photos taken while backing out
photo one
um
the photos are in my staff report oh I
don't have that up here did you send it
we'll get it keep talking and I'll find
it yeah what I want is my view from my
rear with my rear bumper at the interior
side of the sidewalk photo two is my
view of the driver's seat
with my bumper at the interior side of
the driveway approach and photo three
sticks in the photo
near the driveway is where a 48 inch
pipe fence can be located the height of
the stick is 58 inches students with the
greatest interests the Oscar Palace
Landscaping small shrubs in the space
created between the retaining wall and
the fence
the purpose of the relocation of the
height change of defense is the game
yard space privacy and eliminate a
problem with the current fence and hedge
located along the south side of the
driveway which makes it difficult to
exit your car when park in the driveway
the applicant would also like to expand
the width of the driveway working six
inches to allow space to maneuver around
a vehicle and be parked in the driveway
this wasn't really discussed much at the
last meeting
the existing driveway is 16 feet width
and lines up with the 16 foot wide
garage door I've suggested just
expanding the driveway beyond the
sidewalk that the applicant is
interested in wanting to the approach as
well which can prevent cars from driving
over the grass at the edge of the
approach should the ground a variance
for the new plan staff would recommend
that the landscape claims substitute of
entry and public intelligence
okay
John Mr Freedom yep that means thank you
for all your assistance appreciate it um
and yes this is a re-application from
the denial in February we listened to uh
the the concerns of the board hat and um
maybe it would be helpful at this time
to show the line of sight
um photos that addresses the board's
concerned about safety last time
in the staff report yeah and then the
photos are behind and drawn
you're going up
yeah so so this is the photo this this
is the fence which includes so since
this is on not on average rate is below
average rate we made the sticks 58
inches and so this would be a line of
sight
um for the for somebody and that's what
the bumper before the bumper crosses the
sidewalk and we're and I'm sitting in
the driver's seat and that other white
area that's actually the neighbors
approach
what is the state where the new fence is
going to go yes and he can't quite a
work with since there regardless he
would just like to even out the grave
you have to consider that great change
so to be clear we're going with the 48
inch fence as the code requires what
we're asking for is the change in the
grade
um the bridge is about 10 minutes yeah I
mean you can't really tell if it's
another surveyor but it looks to be
about 10 or 12 inches 50 miles
thanks
[Music]
it was the neighbor's apartment
so this is what you're involver a little
bit further I guess that's my bumper
lined up with the
outside of the approach okay
yes and and also the mentions on the
first drawing were not exactly the
correct so I I've submitted Regency
Academy yeah sir they're uploaded it
does reflect me in one click that it's
pushed back from the sidewalk I asked to
push it back six inches to push it back
but that's just easier for when you have
to replace things I want yeah yeah sure
so this yeah this shows the approximate
grade change from here to there I don't
think it's a full but maybe 10 inches
but in case you needed that too much
[Music]
all right that helps the students and
the driveway expansion to the South
yes uh is
um designed to let you pull a car in and
still get the car out of the garage
correct right now it's very tight and
you can't even open the doors um it's so
that that actually yeah
that's the reason
any uh
any questions from members of the board
comments is there anybody in the
audience that is for or against this
application
he had dealt with York from the board
but I don't see anybody indicating so
really I'll make a comment
of course I voted I think to pass the
last application so this is
I thought it was just fine but this is
certainly better
and in terms of safety issue it's
certainly better
I think they're the ones unsafe myself
but uh I think we've done a good job at
trying to accommodate everybody's fears
and looking out for Public Safety uh one
question I have for staff is I thought
you said that the city code limits
Thrive when he's told what did she say
12 feet 12 and a half feet what's the
maximum width allowed however when this
house was built you've got a 16 foot
wide garage door and at that proximity
to the side property line
you know they they can't narrow but in
this case this has been straight yeah so
the bush is where they're at they're
moving those back and want to expand it
because right now they get out the front
of the bush is right there and there's
just someone that you know
I'm just sitting here a little
incredulous that there aren't driveways
and basically wider than 12 feet
oh they're they're funny
feet to 12 and a half that's that's the
range that I can prove anything lighter
than that
and they have been before the board and
if they're that size
this is typical when you have a double
size
all right surprise okay here is that's
the limitating but it's on the older
Drive what is coffee and I have someone
who wants who wants the newer ones if
you're not looking at why that's narrow
to me
all right uh anybody uh any other
further questions from members of the
board
all right I would uh
entertain a motion to call the question
Kathy can you read his findings about
conclusion of all
Finance in fact the decision of the
board for application number
bzap-23-6 for property located at 2831
Dale Avenue
based upon the consideration of the
application proposed variance and
evidence and testimony before it the
board finds that the applicant has
proven that criteria to Grant and carry
a variance of expectation 12 26 11c have
been met and a various section
1264.03 B
and
defense I don't have the code section
for the parking I thought I did all
right well we'll we'll insert the code
section yes that allows us
larger than okay so instead of 12 64.03
be my event which is a combination of a
48 inch fence and a 10 to 12 inch high
retaining wall to be about giving two
and a half feet from the East side
property line to Long Gould
and
driveway expansion of 4.5 feet
14.
um
along the South edge of the existing
driveway to be approved as facility
okay
that reading sound accurate to you yeah
the only question is the retaining wall
is one foot off sidewalk and the
suspense is two and a half
yeah you said two and a half feet
[Music]
they're really like the wall a Great
Wall of China by the time
all right
[Music]
do you want to hear the motion to
improve the functions of law they'll
move Marsh
second please
all right
uh Mr Marsh yes Mr Levine yes Mr Hall
yes chairman B Hall I vote Yes as well
the outpatient has passed thank you very
much thanks for your work and you're
you're being flexible about how to do
this so we appreciate it very much
all right then next page under new
business is application bzap 23-7
involving 784 Chelsea
James Knox and Son Pratt the owners of
the property Crystal and Daniel Conway
the beauty yeah
okay the applicant is seeking the
certificate of appropriateness for
reports Edition
yeah and it's also seeking a one foot
three inch variance from back to the
city code section
1252.09 and R6 Zone
to allow an open cover porch Edition for
the front of the house to an encroach
into the front yard setback
serve and raise your right hand can you
saved your name all right do you swear
or affirm that you were that the
testimony you give to the board and see
if we recruit the whole truth and
nothing but the truth I do thank you
very much
tell us a little bit about what you're
planning to do here and why
um we'll have Kathy dinner problems when
she calls you back already
784 expensive correct yes
um
surprised me out of his website share
this house once had an awning over the
front stupid both windows if you ever
would like to have a covered porch in
the front entrance and also extend to
the north edge of the house
this section to the north steps back to
feet and the rides in eight foot by nine
foot four inch area for outdoor
furniture Mexico section 12 209 requires
a front yard setback of 30 feet or the
average existing drawing setback
whichever is the leader in this case 30p
is greater
but allows an open porch to approach 10
feet into the front yard with an open
board many of the homes in this block
have open porches the fact that this
house has a similar front porch setback
as its neighboring homes the average
being 24.3 feet it's not going to make
this a big ass
at this as a sports is still set back
further than all of the four neighboring
porches I refer to Aaron to share arb's
design discussion thank you very much
um this was a recommendation to this
board we had a lot of design discussion
and you had what I'm sorry we had design
discussion and some suggestions for
example I mean I won't go into detail in
fact I can't even see what's there I'm
hoping it's the same this year
um why good I can't tell it's a little
weird weird feeling not to know if I'm
showing what I'm supposed to be
um what what is this
oh no I just was like making sure that I
have the front elevation up there
um small things like
um working with the applicant on some of
the eve details to match the existing
house some the steps whitening them and
working on a railing making sure we need
a railing
we don't need to go into the whole list
but there were definitely um some design
Suggestions by the board with a positive
recommendation to this board for and
we're the recommendations incorporated
into what we're seeing here no not yet
not yet but you're okay with the
recommendations of the ARB us come home
so do they have to go back to ARB if we
approve did we say that
we're asking for a remand back from this
board
for final design review but in terms of
the the basic footprint it was uh
positive recommendation okay
so traditional reports certification
here that means they're asking us to say
yes or no to the application for
variance
but once we're if we say no then he's
done if we say yes he's going to go back
to ARB and make sure that whatever
changes keep their approval or perhaps
so we can uh be there
so that's that's the way I see the
process move
so uh
Mr Bronx tell us what your uh why you
want to do it the way that you're
suggesting or uh
anything you can add to what the status
was
um uh like I said currently the house
does not have any
problem I want you to live as many
neighborhood properties do and uh on our
contractors about the incorporary design
good
at a front porch to their house and have
a little seating area off to the side of
it
so is it true that the uh addition is
not going to be as far into the front
yard
space as it currently existing
entrance way is that true or is that
getting add upon as well does it and
it's being it's being expanded a little
bit in the front uh closer out right now
in the confidence soon and success and
uh we're removing that and doing all new
to the front there uh which is the
finish of the steps will be
um pretty close we're going to be
reducing uh we're going to have a step
down from the entrance door to the house
okay so we're at one list that but we're
going to finish out with the status so
the portable
forward a little bit but with the number
of steps it's definitely going to be
roughly the same location to be one or
fewer steps
don't worry
anything else you think would help us
make this decision
oh I think that's to see if there's
anything in the audience here Pro or con
this particular application
and see no
such indication members of the board you
have questions or comments about this
application
there's a chair I drove down the plot
this afternoon I looked at this
house is very important
did you did you find what they were
saying to be true in other words that
other houses down in that particular
half block are forged this house kind of
personality reveal what was it here
all right
um
[Music]
okay very good that's very hard
um any other questions or comments of
the board okay
um
you can give her some Finance effect
the decision of the board gravitational
number is
23-7 will probably located at 74 Chelsea
um on consideration of the application
for those variance and evidence that the
money before a board finds the applicant
has proven that the credit union
achievement in very variously section
126 development I'm doing one foot 300
variants from Mexico to section 12 52.09
are saved them to allow an open porch
Edition at the front of the house
in
cited and
developments of substantial performance
with the plans submitted
with a certificate of a program can
return to the architecturally reward for
final
determination
okay that sounds accurate to you yes
okay that was the Lord who I hear a
motion to approve the findings of class
including the ball so move Marsh
second
Paul thank you Mr
captain at least
yes
history
I hope yes as well good luck good
project thank you thank you
foreign
[Music]
approval of a certificate of
appropriateness for a two-story addition
to the front facade and building
and certain psych modifications
would uh the applicant at least on board
that's absolutely
please read your right hand you swear
you swear or a burn the testimony you
give the board this evening be the true
goal through and nothing but the truth
thank you very much
all right Kathy tell us what's what
we're thinking about here
um
however the in addition to the front of
this building is it's really mostly a
design review because of the parking
meets code currently so we did send this
to the architectures we were for the
recommendation and uh there was some
discussion Jason intended that
particularly represents this is the
designing board and he indicated there
was some discussion regarding shifting
around a property or trying to create
some green space and
um that might be something that this
floor is going to possibly discuss based
on the site plan that they've revised
and Karen could speak to the design
issues maybe some of those details of
what that discussion is about the part
of being current organization doesn't
mean if there's a swap out for a parking
space in order to allow by the parking
they performed and certainly
considering the framing the variance to
these
okay so parking is adequate now but if
we reduce the parking by one space it
would still be adequate South you're
saying or uh it would not
consider if they wanted to allow them
all right I just want to make sure I
understood
Darren tell us a little bit about the
arb's perspective on this so um let me
start with the result which was the um
the architecture View Board
enthusiastically supports this as a
recommendation to be zap but would also
like it to return for final design
review we had great discussion lots of
excitement
um and some pretty
um robust discussion about materials
um really materials mostly not the the
plan everyone really really liked it and
excited about having this on Main Street
the discussion with the parking spot and
you know for this board to have a
variance of one less parking spot was
about this area right here and you can
elaborate on that a little bit when it
when I pass it to you to describe
um but the idea that this um at the side
entrance just kind of dumps right into
something that isn't nicely landscaped
there was a suggestion that this might
be an opportunity to add some green
space to the side
um
and in Jason's suggestion there might be
a consideration of
perhaps moving that space
further towards the street and had green
space behind it or putting a regular
apartment
and you have further south or it was
also ready to push that row of burning
further south because if it's angled and
it doesn't it could could actually
eliminate
the first one get some Greenery here and
add a space back here
questions
it should be Allen
[Music]
what is this what is the nature of the
tendency in this building
you know it will serve yes so it will be
a an office space visit with poco Edge
oh okay oh it's a cold matches okay
okay it's a two-story addition to the
front of it going to add square footage
to the building I've got two coming out
for Main Street
but that's that doesn't require a
variance because it it does not okay
so
it's going to be in other words you've
got a situation where you have a common
uh receptionist and board room or
conference rooms or and somebody wants
to use office that day they want to use
the office and rent it out on a per diem
basis or some basis
um yeah so co-work space basically had
combination of private offices and
common space so that we can rent a
private office
um
basically right that we can store your
belongings in the desks or you know
everything and then the meetings where
this
is
the biggest one being like actually upon
is planning Smith on the student fund as
the problem and um and then there's more
ones throughout the studies that we were
physically serving before and then you
can also became members if they just go
in and use kind of over the desk you
know
no there's a couple I mean you can speak
to this better than I can but um I went
to visit a couple in Upper Arlington and
Dublin is there one yeah
um they're really amazing spaces it's
going to be a huge asset to have this on
Main Street
um
[Music]
but it's it definitely could use a
little better look and I think you're
accomplishing that here that's
interesting
it's a great drawing packet too so I'm
happy I've been flipping through it but
it's it's it's
um amazingly thorough and very detailed
so
you know we could get caught talking
about the architecture here which is not
the right Forum but I'm happy to go into
whatever other discussions we had it you
said oh like so happy
so excited about it
um the the key decisions that the the
reasons that
they want it to come back for final
review or materials
um a little bit
uncomfortable at the Limestone and
are you okay with that
method of operating here of getting an
approval of this approval here you're
out but internet approved
better
ideas
my office so I want to support that so
we would be able to ask for so these the
idea of this is very helpful
um I guess my thing is I agree with
pulling in Green Space something Prime
um I don't think you're going to make up
the space I think you're going to your
organize something or losing space
because it's basically taken out is a
handicap space within its 11th
dimensional requirements to live and
ideally you're going to want to put it
on the other side of these steps here at
the time
accessible route
um around and up to the front door and
where you get the ramp which I take a
spine and I I think it'll work if you if
you yeah all parking back towards
Seattle along the rear so I'm for that I
think that you have that little bit of
Green Space up around the buildings and
I think the building's beautiful I think
it's going to add
kind of get in the main street in a very
detachable way I'm just going to add
some variation I'm happy to see that it
is you know a little bit more of a
modern style of architecture
you know we have a lot of bricks we had
a lot of you know what we think actually
is on Main Street and I like you know on
one I'd like to see that a ball a little
bit and so I'm I think that's a really
positive direction I think a little bit
of Green Space we can help soften the
edge there a little bit so
so what you're suggesting is that we
alter the corporate the reduction of
workouts to get us on variants I assume
that they're right at the West Coast
Department whatever they are and Jason
had indicated
space
Tuesday Citizen and but but also in the
revised plan that we just recently
received and which I have it there it is
it actually replaces one of the parking
spaces in that rendition with two
fighting
obviously learned so I don't know if
perhaps that would want to be pushed to
the street Side Of The Spirit Well
entrance Landscaping in front of that
and then put the
handicaps downstairs
but we're gonna have to give a variance
to one products
you prefer I'd be ever going to have to
do that yes
I agree
so excuse me
at the corner there uh we'll saw
something together well and I think it's
certainly if they incorporating
constipate into that I think that even
elevates
are about
all right
anything you can add to what we've been
told by the staff
I mean I think it's
you've got a lot of detail on here so
we've got a pretty good idea
uh is there anybody in the audience that
is for or against this application
please
you see no hands
so with that there are no other
questions or comments or members of the
board
so
will the final site fans plan these
studies
right the final design
so we're going to be getting our parking
variants here for one space yes
I mean I think you should
I think both the architecture remand the
building designs architecture review
board and the stat and
staff but hats go to tree and public
gardens commission anyway that's true so
they can be the ones to kind of look at
I think it's to switch that to flip that
handicap spot behind the stairs and flip
it I think is would just be such an
opportunity to put even more
bike racks occupiable space soften that
corner and I think that the landscape I
mean the tree and public gardens
Commission
will comment on that okay
[Music]
26.91 East Main Street consideration of
the applications but experience that
evidence
very very expensive vegetables obviously
other than that and that a variance from
vaccine section 12 54.13 to allow a
one parking space
reduction
to allow further modifications which
include bike track north of the West
side entrance and the handicapped space
being south of the West side entrance
and additional parking spaces to shift
in the south
and that the final certificate of
appropriateness is to go to the
Architectural Review Board or final
determination
foreign
[Music]
accurate to you
okay
rumors and boards
good reputation of what you've heard so
far all right with that
um you want to hear him listen to
approve the vines
so the marsh Marshall second boost
solution Mr okay you almost couldn't say
your name
is
with that in mind we have a motion and a
second uh Baltimore on this application
yes
Mrs Marsh yes
yes
I also vote Yes the applications are
commanded the variance is random
specific exciting United project thank
you and uh we're looking forward thank
you guys
the next uh matter before the board is
hpz AP
2399 involving 17 Standard Avenue
uh the applicants and one of the owners
of Jonathan rewald and another owner for
sale so those folks would come forward
the out events please uh the applicant
is Seeking a special permit in order and
according to Bexley city code section 12
164.02 to allow or foot high black metal
rail fence in the front yard which is
the South uh base along Broad Street
sir did you raise your right hand state
your names John are you home John John
do you serve or firm that any
testimonials receiving will be the truth
behold truth I do thank you very much
Kathy give us a little uh staff uh
background on this matter
[Music]
Broad Street so once again we have the
front property line which looking at the
house appears to be the South Side yard
uh on Broad Street this is also a unique
shape of watch
um
The Advocate reached out to me to
discuss options for events in his yard
from The Busy traffic along Broad Street
property is at the northwest corner of
Broad and stanbury Avenue you may know
the property as there is existing fall
stone columns in the city right of way
on the east and west side is in
Stanberry Avenue
the previous owners plan of the road are
providing starting just behind the stone
columns and runs along the South
property line along Brooks the Broad
Street side and having the property
the women's front yard fences for a
special permit is 42 inches the proposed
fence is 48 inches so I've added a
variance request in addition to the
professional tournament
um
staff can improve anything over to the
beaten hiding subjects
[Music]
for this board
thank you
post fence is a black aluminum
powder coated platform and there's
existing
Landscaping so
I'm not sure if there's additional
intercape and that should be required
we're prepared to and uh have a quote to
fill in there's been a few other body
that have died since we moved in so
we've got a new foot mature on the
bodies that will tend to have planted
assuming uh
uh on the inside or outside the events
would be on the inside of our property
at the upper body on the outside
thing I've got a one-year-old and an
almost three-year-old
um and you know they take off in the
driveway and Broad Street despite you
know traffic on the meters can be a race
track so that's yeah
whatever and because of the curve of
that lot it's not a square Bonnet it's
actually like almost 60 feet back from
Broad Street at 18 East and on the
sandary side and it was named off the
sidewalk at the Western so it's really
just kind of graduated
so we'd like to create a better barrier
than what's going on for safety reasons
there's a stone work on the left side of
the photographs is that in the cities or
Europeans that if this is
all right
is there anything uh Mr rule would you
like to add to what the status quo is no
I mean
no this did not come before ARB sure
this is the terms of what ultimately
intended from landscaping for a larger
more comprehensive plan here but this is
step one you know job safely and then
we'll go to family with the other things
so you know
that you will have
the front door to your house if I were
to come to your house or is actually on
standard yeah mid block on on Sam Berry
that fits around
quite a way yeah
yeah that fence does wrap around and
continues more along Stanberry yeah as
proposed it would turn and plan an
additional landscape agreement for that
um as well
all right uh is there anybody in the
audience that's bored or against this
application please
comment to ask and there are no
indications of such members of the board
do you have any comments or questions
all right I think that I have a bindings
of back inclusions of law on this matter
please
that's the project came so fast
my name is sitting on the board for
application
underneath-23 that's
90.17 North standard
consideration of the application because
variants that evidence and testimony
report at the board finds the applicant
has proven the criteria to prevent the
very very sex position file 2611c have
been met and a
six inch variants from section
1264.02 c should be granted to allow a
48 inch black aluminum fence along the
south side of property line and the
Southwest
signing the property
you know
do I hear a motion to improve the binds
back in division of laws
yeah please
March
that comes in second this time all right
thank you so much
matter this Marsh yes
yes
okay yes
also good project good luck with it
thank you appreciate it thank you for
your time
next case before the board is case ARB
23-1
and 23-2 which is our case number
involving 25 55 East Main Street
the Appellate really in this case right
it was Plains Hughes
uh the owner of the property of these
veterans City Schools
unless you're being confused and
depending through the board designer
planning the staff approval of sunshade
at Montrose Elementary School Mr Hughes
if you would go forward please
thank you sir
situated there we can go
please raise your right hand your name
please David Jesus
nothing but the truth thank you sir
so this is an appellate situation so
there really is no uh
this is an oral argument essentially the
staff has made a decision apparently and
I don't know all the facts in detail
that does not learning as you are but
has approved the city schools
application to the sun shades it looks
like in the lockers elementary school
grounds and Mr Hughes has filed an
appeal from the staff position to the
bza which is the mandatory first
stratman and development process so
that's what's happening so Mr Hughes is
uh able to make his arguments as to why
when bza should essentially overturn
or we've got a burn either way depending
uh what the important beliefs is the
proper action to take basically upon the
city standards the city code and
standards that we have to follow so
thank you sir
it was honest it was on me
um
agenda and Mr Hughes asked for a table
until this date
and I don't know if I was supposed to
get any benefits
well I I think that uh
I think part of the problems is that I'm
not sure the board is aware of what the
staff decision was so I think that she
could certainly tell us what was a staff
decision because we've never had
involvement with this case and Mr
dozer's here legal representative
since they share my facts
the main reason why I was at speaker
because these appeals don't come up
every nowaday a certainly so
um I think it very much makes sense to
allow
um Miss Rose if the applicant is okay
with it to present what her decision was
and then any give and take with
respective questions can be had by board
members the applicant the appellant Mr
Hughes can present
um his basis for his appeal and whatever
else other information he wants to
present to the board
um and then just so you know from here
out uh the decision the possibilities
are your board will either affirm which
is upholding the decision reverse the
decision or you can modify the incision
which is somewhere in between okay
um that decision is subject to potential
appeal to the city council just so you
know there's another layer of appeal
after this for your sleep of course
another layer another layer
yes that's the that's the way the system
works all right so let's use do you
understand the protocol here we don't
have any cases very often so we're
trying to make sure we follow the
problem
I've ever had to do something like this
yeah
[Music]
this kind of a thing but all right
that's cool
Kathy please give us what what was the
uh application and what was your your
decision as as a city staff represented
um well an importance of Mexico section
1226-18 paying a zoning officer I have
the ability to review and approve the
assessment structures I recently
approved a few timeshaves which I
consider to be excessive instructions at
the Montfort school before my decision
was made on the sunshade diapers on a
letter up to the Montrose School of
Neighbors on January 27th 2023 which
provided only to the private and 10-day
window of time for them to respond to
you with questions and or returns during
the 10-day period James Hughes 631 first
sent an email on February 8th which I'm
using the fortune that it was blamed to
responded that same day with an email
and within the 10-day period contained
visiting on sun exposure the weather
government public agencies and the size
of the sun shades however the majority
of his concerns were votes on the costs
after a 10-day period we speaking of
property owners and reviewing emails I
approved the application by applicable
including conditions I've turned it
necessary
that you turn necessary
[Music]
you're being recorded online
I'll just be loud the application by
approval included conditions I
determined if necessary such as removing
sun shades in the fall and reinstalling
in the spring the shades should be
maintained in good condition in the
polls that the sun shades attached to
should be green to match the other poles
currently located on the playground Mr
Hughes came in to City Hall in February
10th and I explained that I had approved
the sun shades for the conditions if you
asked if you could still object I
informed him that he could file an
appeal I also let him know that I would
plan to acquire a city tree planted a
monitors underneath located across from
where Mr reviews resides as I would
require I have since confirmed the
assistant service director and severeign
shade
um
if I'm uncomfortable if any applications
I typically so can I ask you a question
or two questions what are we talking
about here in terms of uh
size and location
that prepare a question I mean I just
want to know one of one of them is the
polls are set 40 feet apart and then
there's
lines attached to the corners of the
shade it's a horizontal shape and it's
proposed in a dark blue and it's not
perfectly even there's two corners that
come down a little bit just to allow
anything that would Shed off of that
like water
actually
water appropriately
it is
the water can't pass through
there's a point that material will get
saturated
primarily for the beginning
[Music]
all right thank you very much any other
questions to help you understand the
staff decision that any board member
wants to enhance if not Mr Hughes you
have the floor and you can make your
presentation to the board please
good well like I said I have done this
before but don't worry
not sure where where to go here as well
because what your objection to this to
the whole concept is and then maybe you
can tell us more in detail uh about why
you're objecting the part of the biggest
objections
and this kind of stemmed from Kathy's
letter to us that we didn't get that
until late January or February and you
realize what this is going on here okay
but we had not no knowledge of this at
all until we got that letter
where do you live
from the West uh on Wood Street on my
profile
which is wrong
on that side of the plan
on the east side of the street well no
there's no house
now there's Remington running inside
there right there's houses there right
left so
unless you know we were involved in the
school which we aren't anyone but is
growing up in one uh we don't you know
my wife was bigger PTO or not there and
uh so we were up to date things that
were going on okay uh we were not
informed about this there was some
indentation that it was survey sent out
by the PTO people whose parents mostly
think it's sad but Montrose and in any
of the parents had to live around the
playground area there's there's
approximately 25 houses to surround that
building and kind of count maybe three
or so that had kids that go to Monster
training so I'm not sure exactly who God
the survey on this
is there a notification issue here that
we need to interpretation and what's not
required to send notification however I
did send a letter with a link for the
news could view it and contact me with
their common two concerns yeah and did
you send it people use houses or
configure us to the playground yes
uh Montrose again okay thank you I just
want to make sure that that order is
good in fact I thank Kathy otherwise
I don't I want to kind of concentrate on
the areas that we have to which is what
what is wrong with the concept as
opposed to these sort of procedural
issues on whether unless there's a
procedural issue that we need to
dissipate this may call okay a little
bit this is a rendering okay and I think
I included it in one of the documents
there thank you
that's that's what it looks like that is
on the monitor side okay okay and that's
a rendition of what they're supposed
elevation wise and just so somebody
could get an idea of scale of this this
is the housing on the on the on the
monitor side the street okay coming
across here here is the canopy right
here okay it's about 20 people which is
approximately a foot and a half above
the second floor gutter one of the
houses that are directly acrossed okay
it's a little bit different maybe in the
Remington side uh it's a little bit
shorter like 15 feet versus 20 feet I
think okay this this represents the
market okay and you know we objected to
this view that we're going to have it's
basically that right there it's it's all
horrible View for the garage we've lived
there for 28 almost my numbers and uh
it yeah there's also been a playground
okay it was new and I think 14 the newer
structure was there
and you know it's showing some age
there's there's missions there but they
get things there were some
great feature if you will of some of the
structures that doctors and that kind of
stuff but it's it's starting to starting
to wear a little bit in which I don't
know if Jack Coop or anything like that
it's just this canopy over there we
don't feel it was necessary okay uh some
of the um
comments that were made in the proposal
that uh I think you guys review the chat
and uh were to say the least uh
uh compute there's there's a discussion
of conduit Lansing sun exposure
I mean
I know errors get hot in the summertime
but then but uh I'm relentless on
explosion and his uh students and
patrons were left with little sun
protection for their skin I mean
probably more in clothing and some
sunscreen I think would take care of the
problem there uh
and uh there's also some of some of the
language here about children I've been
saying congregating in the very limited
shape provided by the slides and other
women turning effects of backpack
program to find their lead if you were
to go there you can't really see it here
but
underneath this slide there's there's an
area in there two or three seats okay
this is what they're talking about here
they're they're saying the kids are
crawling under there to get relief from
the side I don't know if that's what
they do who knows but there's an area
under another bed of cracks kids playing
there so I got that question and asked
that language
um
there's also been uh some uh I mentioned
earlier about a survey that was done we
found out that uh that survey was sent
out to 500 people I think 500 people to
500 Brothers I'm not sure
but they only receive 250 votes back and
it made it sound kind of Twisted a
little bit that 98 of those students
weren't supported the change but it's
not 98 of the 500 people that receive
that sort of thing we didn't get it and
some of my neighbors here I didn't get a
piece so
um you know we're saying ahead you know
that that uh that map there doesn't
quite work out when you when you look at
the number of people that were sent to
sort of like there's half of them didn't
even reply again
of course there was also uh
temperature studies in uh in the
proposal and that's kind of the kind of
made up during our recently table that
last month was to try to pass through
the PTO and the school facilities and
operations people and trying to come up
and work on some sort of a solution that
of course with both uh stand them that
we think there are some things there
that can be done in lieu of those
changes
other schools don't have them and
vaccinating money that I know of there's
maybe one and then I'd staff JCC down in
the lower kind of lower part right there
it's governing playground but it's not
everywhere
appropriate for the neighborhood of them
or you know that we're living in here
but anyway back on these uh
exercise
there are two items there were there
were 14 14 Banks here that they reported
temperatures of the surfaces of the fire
swing of sample and the blue climbing
assess and inclining all
um
and the rest of them were reasonable
okay they're not they're not going to
burn somebody or you know and and you
would have to
you know uh
have your hand on it for an extent in a
period of time I think for foreign
say a little bit cooler some of the
other swings here and slides
don't I don't think great but I think
it's concerned here
but with with these candidates here
there they have to be taken down in the
wintertime they're not really so bad so
they have everybody now in the fall and
put it back out on the screen
before views are going to constantly
change over your
um you know from the post okay and you
know in the wintertime they do the post
and again okay
um
and we think that okay they're gonna
put the effort to take these things down
until they're back up every year okay
why not just be able to do this
uh you know that scene to be given
everybody
um
that uh
but essentially it was uh it would be
that's you okay on both sides okay and
we can see The Branding inside as well
the mark porch I mean literally it's
right across the street uh and there's a
couple of other people here that have
the same kind of concern so I thought of
all the equipment so I don't know about
the temperature today
it just seems to be
I think the uh some of this information
going on there and then
um
there's also
um
one of the first comments you made was
that the view from your porch but you
could say your front porch yet is
my question is this
correct me if I'm not understanding
something correctly but we're talking
about a horizontal structure correct
it's it's
20 B on one side 16 on the other so
there's going to be uh
yeah
it looks like this okay now this is just
wearing it like it's 20 feet here and 16
here so it's a flat it's a flat uh
[Music]
area down below there they have a small
playground but it's not it's not this
type of material it's a uh it's a PVC I
think it's waterproof material this is
more of a permeable that water will get
through this and are also are going to
be sinus and friendliness this okay
third degree organic materials getting
caught up in this in this material here
and I've heard exactly just to show you
for sure
um
did
we did different experiences for
anything for this it is acceptable
within the limitations to others and it
is from accessory structure and I was
looking at it from an aesthetic and
location which is
it was a fabulously serious so brilliant
from the owner's perspective they have
every right on their end to go and
pursue is broken like this it doesn't
limitations
yeah because that was you know one of
the changes in the code in 2016 we made
modifications so I took it upon myself
at least I noticed with a letter to the
neighbors to find out you know what what
their concerns I think I can address in
my approval or conditions or conditions
um that was my Approach
is this your view from your house yes
the West player and that's all
I said it's going to be roughly the
height of our second four Governors okay
um
that is my third question that has to do
with
there's no vertical aspect to this no
there's no side walls to it is that
because I understand that correctly
right sidewall sidewall the numbers the
poles go up and this thing has a four
foot at most a four foot wide slot of
visual uh interference on your front
porch
yes I mean yeah if you were to tilt that
back I'm not sure where the 20 is you
know if it's 20 feet on this on that
side and 16 on this side or vice versa I
don't know or you know the exact
positions whether I don't know but I
don't think it it really talks about it
too much in The Proposal but
it's the best
yeah
so if you don't have a safe structure
because
they can put a solid they don't do
except recovered so with the school
involved
[Music]
what are you going to interject here
because I think we need to limit what
you're saying to what your decision was
I don't think we want to hear any
anecdotes about anybody else yes okay
okay I'm not sure you're gonna tell me I
don't know what you're going to say so
I'm just trying to stop you in advance
because I don't want you to say anything
more than what was your decision well it
did kind of
you made a decision why you made it I
don't think we really need to hear other
than you felt that uh if the parameters
about accessory structures were either
met well obviously they were met in your
exclamation and that's the reason you
made the decision right
okay I don't need to cut you off but I
don't want to get this is not
anything more than a pellet decision
making here to do something you didn't
think it would offer that you know sort
of comparing it's the kind of thing
through playgrounds
we're not familiar with
um
from
beginning in the day yes and kissing him
as the sun goes up and comes down third
attention third attention stayed in
front of the buildings and specifically
even considered the surrounding trees so
they're not they're not even getting
exposed to the same benefits that these
places
and when at noon when the kids are
actually so have their immunity that's
where they're under the most experience
and that's that's what the sun's
starting to start to show here is that
we
at a high noon that's when you get your
maximum shame underneath
um
I mean the idea is simply put in the pot
readers
that's not relative it's exposure of the
kids you know it's impossible for a
teacher to pay for 30 kids in the
classroom and put it for me as a parent
respect that feature of what since they
won and make sure they have all the
protections out there
um so nothing
in effect so that's you know I can get
the temperature of that but I'm I think
this is a
um a decent solution let me give a
suggestion here
as a result of what we've learned in the
past when we get a chance to vote and if
you're going to vote positively in favor
of the repellent then I don't think you
need to statement then but if you're
going to vote a post to the account we
need to State your reason at this point
I like to keep it defines you asking him
questions about his argument as opposed
to making an argument of your own is
that Mr Moser that sound that's fair
that's apparently yep
Mr Mosher is a lawyer you know so us
lawyers we kind of hang we got it we
stick together there's one difference
between these two lawyers one other side
of their rifle for about six items as
far as the other guy
all right so unless there's other
questions of the account
uh I would certainly would like offered
you an opportunity to make sort of a
summation or final argument if you would
is that acceptable to you
yes
um I guess my final well at least for
tonight anyway
um was that we were never informed about
this the neighborhood isn't to fight in
them you know how close that houses are
like I said there's 25 that's around the
monoprost uh playground area you know
the salsa you know the Rhode Island
um if you have been notified what would
you have done differently
yeah well if we've been part of the
processary you know we've never done it
okay but have you been involved this
thing was going on for three years okay
uh more urgently lately last year but
had we been at least offered other
single leaders who created
do you have any evidence that the people
who made this decision at the school
board did not consider any federal
alternatives
I don't think they I'm not sure what
they do because some of the one of the
members on the Super Bowl board
apparently was provided to some of them
I don't know what was having anyone
there so you don't know that they did
not consider or don't I think I just
wanted to clarify but uh we you know had
we been involved with the with the
process okay we could have we could have
offered other alternatives to creative
trades but that there could be uh
structures put over the uh the tables
over here that it's someone where they
need seats
more Landscaping trees recently a year
or so ago we lost a huge experience okay
the Shaded that West uh the West player
and he was old at a song
that was something anyway so it came
down but it didn't nothing went back up
it was software you know something that
would be put back up there maybe two
freaking produces the shade help Shady
but not necessarily put trees there for
Sight but then I think it did he would
change
that's what it dream about us
very much
um you know
and there are still treaties there they
took us we heard some playground up for
this playground right now on both sides
okay Brent and Ammon first
and
um so just being part of the process
here I feel that we could have offered
some better like you know a table of
this last month or today
and with the hopes of trying to get some
of that across
they really didn't want to entertain
that that suggestion which does putting
trees up and move on each space
that's a good idea and
that one like these right here they come
with a hard hard cut not a package
uh but it's it's integral to the table
okay
the park bench areas
um
like this right here something like that
or like this is what you know
there are some other options I think
that you can do with that fit better
with the playground management community
and some of some of the uh you know the
shape we put in integral structures I
believe that now we haven't taught the
mistakes I don't know whether but some
other I've been on the website uh some
of the things that they show uh you know
to be looked at I don't know if they
would uh we wouldn't offer that
so
to summarize your your appeal is
requesting the reward vote to overturn
the decision of the staff that's what
you're here asking us
yeah the other thing you know this did
because then it looked up here they went
through the ARB and that that was made
doesn't make sense I don't know why I
haven't the way I did but it seems like
the Lord this board and ARB are here to
look at these things and make you know a
direct Rule and you know uh let's get
that issue clarified way because
if if every person who wanted to put up
a little fence had to come here we would
have 100 cases a month and so that's why
the staff handles a lot of requests for
various kinds of things just so you know
for some people really have these words
yeah I think this yeah this
seems to be large enough
to Warrant a review
however that works I don't know if I
don't I've never been an African but I I
hear what's going on here there's some
of the other applicants here
I'll just Escape that I it's just about
somebody
well and I think to make you understand
everything that the ARB improves we have
to approve as well So eventually it gets
uh and we eat yeah and I just don't know
how it falls on one person
to to approve something like that that
hasn't has a direct impact well that's
why this process exists so that when you
do complain about it and there is a way
to appeal it and that's what you're
doing right now so you're going to get
the same hearing here that you would get
if you if you had ARB so we're going to
everybody here is going to make their
own independent vote I don't know how
anybody's going to vote but that's
that's what's going to happen so you are
actually getting that process right now
[Music]
but that tree that I was talking about
that came down was roughly
it was roughly like right here
yes there's a song that came down last
year it was from 70 people in the future
generates a lot of mistakes
there's also another tree over here that
has been uh that that's our tree in the
front yard okay
um and there was another tree over here
that has uh the limbs uh they were all
cut up maybe that's one of these or so
they're just all the way up so you've
got basically a trunk and then kind of a
handy above that is
yeah
this is his appeal he's allowed to make
his arms okay and then I just had a
question are we voting on The Entity or
are we just voting on the process you
know here's the word here's what we're
doing he made a determinating the exact
native determination he's appealing that
determination and we either are going to
affirm her determination reverse her
determination or modified her assurance
[Music]
I mean the way that I see it is your
your
in terms of the strictures of the code
you're looking at
um you know based on what you've heard
here today in terms of evidence if you
have any reason to change or reverse the
decision of your city's staff which was
a proven successory structure which was
found to be in compliance with the code
requirements
and I think what what really because let
me ask you can let's say we agree with
Mr Hughes and we reverse the decision of
the staff does the veterans City schools
have the alternative of appealing our
decision
that's a good question
um any property owner or the applicant
in a purely your decision okay so yes
City Schools the property owner address
so what that tells me is regardless of
which way you vote tonight or can I vote
that we need to give the next appellate
uh
body
something to be able to say they read or
disagree with our decision making and
they need to know why we decided in
order to approve a disapprove of hours
um the standard of review I I mean
essentially
here's how I'll answer this and it comes
to counsel it becomes even more
isolated in terms of a real legal appeal
so there will be an oral argument by
each side each side will have the
opportunity to even present a brief it
says in your code on the issues but
there is no new evidence no new
testimony that is to be induced at that
stage and I've been trying to similar to
how we've been happening at here
um so that's like a repeat of what we're
doing I don't disappear here's the next
the public work yeah above us
now it's really revisiting the
underlying decision again correct
all right
um I think at this stage we can
follow the rule for a vote and so I
don't understand the question okay sure
because you want to hear how it was
approved what the decision was
yeah I suppose you would my decision
after we're doing the case
that Mr Hughes isn't feeling that I
approved the accessory structures with
the condition that this gives you
maintained in a good condition the
support over the green to best match the
other holes on our playground and the
shades are to be removed in the fall and
we installed in the spring to avoid the
list of snow loads they are not designed
to support
so that's the decision that either you
can make a decision something that says
I I approve what you did 100 I disagreed
of what she did 100 or I would modify
what she did in a certain way
and then we're just going to happen
shall be appeal and be granted yes or no
yeah that's not the question well since
we are allowed to modify
correct so the questions the options in
front of you the Motions that any one of
you can make are one of the three
followers I moved to a firm the decision
of Miss Rose as she just read it to you
I moved to reverse the decision
completely with Miss Rose as she read it
to you which just means that the
application was essentially not approved
or I moved to modify the decision with
Miss Rose as follows I want the polls to
be blue instead of breaking that's just
so let me suggest that the most logical
way to purchase is let's ask all the
words does anybody want to pose a motion
to modify what she did
if there is such a motion it can be
discussed and voted on
if there is no such motion or if the
motion to modify is not approved then we
would go to a vote of either approving
or discipline of the
decision of the staff
that makes the most sense otherwise how
do we get modifications
no
emotional so motion modified now
modification is not going to be the
result of this board's action so what we
need now is a motion to uh to
reverse
the staff's decision
or a motion to affirm the stats of the
city
and I think the best way to do this is
doesn't matter how long but give some
reason for their vote I think that we
should probably uh
take the proponents position
and vote on yet
proponent is saying please reverse the
decision of the city staff so let us
vote on agreeing with the profile Mr
Mosher who like that process I think
that's a good way to do it and depending
on the answer yes
I'm sorry
well he's the proponent vote Yes if you
agree with Mr Hughes vote no if you
disagreements
and you can say a great or disagree as
opposed to yes or no that's less
confusing it would not be a public Style
yeah as your chairman has proposed it
and it makes sense I think your chairman
is don't let me speak for you but
offering the motion to reverse the
decision of your uh zoning inspector
that's the motion on the table I
understand it's being presented for
purposes of
discussing it and putting in the record
what the applicant's appeal is vote on
that should it be a no vote it fails you
still have to take action on the appeal
and the alternative exactly does that
make sense
okay well I can't make a motion
I would like to make a motion to a firm
the status it's just that it's the
opposite of what we just wanted yeah
yeah
position
we can't
uh that the reversed
it's citizens right you make a motion to
approve the accountants
so now we have a motion that essentially
what you're asking us to do we have a
motion before us to do what you are
asking us to do which is to reverse the
decision of the sack
so yes means I agree and I want to
reverse the position of the staff no
means I don't and we need some reason
now I'm waiting for a second outside
all right uh
no any reasons
I was prepared for memories
okay
uh yes um
this is a very unique property owner
speed on one hand we have Mr Hughes on
the other hand you have the infection uh
I vote
during that the outlets
appeal for one of these following
reasons this is one of the largest uh
unprotected laws in fact it's very
unique one because it is a it is a
ground in which his research might not
go to Montrose so you go to the cats can
but by the time he gets to pass the cam
has a participate in the backpack that
has ground that's been made to the sun
all day long and it is very very hot I
had picked him up on many days of
working against uh sunburns in
overheating
um and despite all the best efforts of
the staff it's uh there's
um 50 to 100 kids there at a time I'm
concerned about the applicants
um
being a little loose with regards to the
trees in the line of sight although I
would like to move west of the city uh
look into the office okay now be careful
now because we're not yeah
um I do believe also that we want to
sign up on the applicant that this tent
will blend in buildings on the opposite
side of the yard with Remington
I do believe that this is the least of
basic means to provide comfort and
protection for our children an umbrella
on the number all alone on the patios
but only certain Tech backpacks staff
themselves
um
as a separate structure notice it's not
required that the city chose to
accommodate the applicants and neighbor
by the fighting those
um I do provide I do notice that there
is a strong black evidence from the
outlet regarding the school board's
decision making I do not think that
there's
been alluded to North fair-mongered okay
thank you
I don't know Builds an appropriate
accessories department for school
thank you
I vote no
to reason one I don't didn't hear
anything wrong
and second I feel that the application
that was compelling justification
thank you
Mr Paul I um
on the basis that it does fit with the
implementations of the German vote and
um
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school children are out there playing
and everything I really think it's
important if you would care
to replace the appropriate fights and
will in his place in such a way that
that finding you know the Supreme Court
that it will Max interactions
thank you
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I don't think that you have stated any
particular grounds that
make me sway my decision I think most of
your obstruction of your view from your
house is is
mostly horizontal there's no vertical
aspect to it minor or these vertical
aspect I think that you have uh kind of
overstated your case in that regard I
also think that the that what we know
today that we didn't know when I was a
kid was
how much the sun does cause potential
harm and you know some children are are
for these end and some are very
light-skinned and very sensitive to some
and I think we need to be careful and to
err on the side of safety of the kids
and
preventing
long-term skin connectors even other
type of issues I also think the heat
protection is you know 140 degrees I
don't think they want to touch anything
at 740 degrees and I I think that taking
an action like this is about the least
obstructive way
to
cover and provide shade to a large
fairly large area of that totally
Southern exposed playground
so I find that the decision
totally appropriate and totally in line
with reason and totally within structure
of the Mexican City Credit so I also
vote now
so the vote is five nodes to zero and
the appeal fails
on its merits thank you well I
appreciate it I still think actually the
motion failed because everybody voted
now so there's still actions being taken
on the appeal which is an alternative
motion I'll let you fill in the rest
does that make sense an alternative
motion to affirm a decision
foreign
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well the motion was to reverse the
division of your staff that motion
failed because everybody voted to know
and indicated their recent surgery so so
you still have the appeal out there
so well if I'm hearing correctly I think
there would be to be a motion to affirm
the decision of the staff
that would need to pass assuming I'm
here for us
but but who is who has
uh there isn't a motion
I don't think the status it needs to be
affirmed that's it
I think you need a motion that happens
that in order to have an appeal head you
do not have a good deal with that well I
mean if I appeal to the 10th District
Court of Appeals and I get three no
votes I'm done yeah I don't go the
winner of the appeal does not go back to
court and say hey Courtney please uh now
vote three three votes
in favor of the prior position but I'm
getting into semantics because I have to
because of what your code says and how
you know when you get to the the court
of appeals to the court of appeals and
rendering their decision they're
granting your denial skills they're not
reversing or affirming or following
Robert's Rules of Order and coming to a
conclusion on an appeal so I'm just
saying because of the way that the
motion was phrased previously which I
think was a fine way to do it and we got
all of our arguments out there it passed
I mean it failed sorry I know Pro and
negative is confusing and with these
appeals it's very common the motion
failed
it did not pass so there has been no
official action on the appeal is what
I'm saying
I'll make a motion to uh
no no no no no no yeah
so is there any discussion among the
Border can you know follow the question
follow-up please follow the rules
jewelry are
yes
still alive yes
yes
I'd like to know a student attorney
and I vote Yes for the reasons that were
stated in the prior motion all those
reasons apply and and more or less
suggestify the appropriateness of the
decision made by the staff so I vote Yes
as well for this
to do uh procedural
no I like it
well I'm going to ask a question well I
thought there's another
possibility to uh uh change and Design
on whatever
we already voted nobody made a motion it
was it was an opportunity to make a
motion
but we're also not in a position to give
you legal advice because we're not
acting as lawyers here so uh
consult with people
um
are there any additional
Whole business before the board uh
Journey
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some movements thank you
that's yours oh thanks good Kathy I
don't know
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um
okay