Oklahoma City Board of Adjustment – April 18, 2024

e e all right it's 1:30 I'm going to call the meeting to order we've got a quorum um everybody look at the minutes motion to approve the minutes from the April 4th 2024 meeting that a motion do we have a second second motion and a second cast your votes Cy you want to tell us what we've got on continuance request so for continuance we have item is requesting till May the 2nd and item number six case number 15578 is continued until May 16th all right we have a m to continue those two items you said it was item number one and number six correct okay motion to uh continue case number 15490 to the May 2nd meeting and motion to continue case number 15578 to the May 16th meeting I second okay Motion in a second to continue those two items ask votes all right those two are continued um are there any requests for a continuance from anybody in the audience no consent dockets send oh I'm sorry come on up yes sir give us your name address and which one you're on uh Johnny Hill 12428 Southeast 59 Street and which item are you addressing number two number two number two okay give us a second you want to call the case Okay item number two case number 15570 is an application special exception for Johnny rill and Sher mascul to allow a mobile home to serve as a temporary second dwelling to relieve medical hardship in the AA AG Cultural District located at 12428 Southeast 59th Street okay go ahead tell us about your application the application it's a medical hardship for my mother she's 82 years old and she's blind and we're just she's got to have somebody to care for I'll be her primary caregiver to uh just take care of her take her to her appointments to cook meals for her and uh doing this the way that we're doing it it's giving her still just not taking everything from her giving her what just I'm lost my words but it uh but that's she's got to have someone to care for the doctors had had said that she's got to have somebody her caregiver's got to be within walking distance if she's not living with them and we're trying to let her uh keep her independence and stuff by not moving her in with us forcing her to do that and this is the only other way that we felt it would be you know a way that we could give her her you know let her keep her independence and and bring her close to us and to where we can take care of her make sure she's makes all of her doctor's appointments and everything questions comments on this application nobody signed up to speak on this one so anybody want to address the board on this application okay I think we're ready for a motion yes I saw move that we accept case number U 15570 for a special exception on the grounds that it meets the guidelines for an exception for three years for how many years oh how many years did you ask for sir three years three years for a period of three years yes yes sir for a period of three years okay got a second I'll second okay we have a motion in a second cast your votes there we go you're approved thank you item number three case number5 is a request of Tyler bner for a variance to standards for accessory buildings in the R1 single family residential district located at 112 33 Shady Oak Lane hey Mr better come on hi there name address and tell us about your application pleas Tyler Bednar currently reside at 4319 Granger Avenue 731 C the application in question is at a location of 11233 Shady Oak Lane in Jones Oklahoma so basically I moved here about a year ago ago for a new job been trying to get settled since then um found some acreage that an older couple had split into individual plots um so it's a 5 acre plot that I bought um it started as raw land I basically worked to clear it and get it prepped to become a homestead um I'm in the process of wanting to do the garage shop currently but in my permit um they said you couldn't do that without a main dwelling unit yet um but I'm currently in design phase on the house already which should hopefully be in place within the next year so it's kind of just an order of operations issue to keep it short and sweet but I don't know how briefed you are on the application but open to any questions as far as that's concerned how long are you thinking it'll be before you can begin construction on the main uh structure say that again I'm how long are you thinking it's going to be before you can begin construction on the main structure on the main house yes I'm currently in design phase um so don't quite have a budget agreed to yet but he told me in February he could probably do it within a year time frame the Builder so I would say at latest by next April if that helps is that to finish the the home or to start the home uh to finish yeah I hope to be living in it by now so within the next six months you're going to corre have a contract to build a house okay and basically this would just provide me security for materials there's been break-ins talking to neighbors out there um would allow me to move my stuff out of storage which is a high monthly fee All That Jazz any questions or comments from the board there there was one written protest you have that I did see that email something about would hurt the value of her property yeah think for for me I would like for you to reach out to her just to have a conversation with her I've met the people that live on the location there um they just it's like a mobile home with some extra storage buildings so I can't really understand how I would be hurting the property value but um do you want me to just try to call her and have a conversation with her or yeah that's that's what I would like and then I would like to also put into the record that you have to obtain a building permit within the next six months okay okay nobody signed up to speak on this item NOP does anybody want to address the board on this application okay if not I think we're ready for a motion motion to approve case number 15575 five for the purposes that it meets the statutory requirements for the requested variance um subject to the requirements um as mentioned by uh bo to okay to file uh for a building permit within six next six months is that correct all right you mean a building permit on the house correct okay the the current building in question is already in process okay we got a mo in a second cast your votes you're approved thank you appreciate it item number four case number 15576 is a on behalf of Broadway Flex Partners LL for a variance to front yard regulations for through Lots in the I2 moderate industrial district located at 7700 Broadway Extension good afternoon Caitlyn Turner 522 call Core drive here on behalf of the applicant so this property is right in between Broadway Extension Service Road and North Santa Fe the property owner developer would like an access off of both North Santa Fe and Broadway Extension which as you can see all of the development to the South has access on both streets um to do so we would need a 25 foot setback from Broadway Extension and Santa Fe per the code So based on the site plan and propos OS development we are seeking a 10-ft variance uh technically the access along uh Broadway Extension is going to be the rear of the property um but still are required to meet that 12T setback requirement there's a 15ot utility easement along Broadway Extension that we will be staying away from so we won't be encroaching in that at all so maintaining the 15 ft um on the west side I'd be happy to answer any questions you all have anything from the board okay I don't have anybody signed up to speak on this application anybody wants to address the board on this one okay there's nothing else from the board I think we're ready for a motion motion to approve case number 15 576 forther purposes that it meets the statutory requirements forther requested variance second motion and a second yeah we got a motion and a second cash to VES you're approved item number five is case number 15577 a request of Shane leth on behalf of the Rock Assembly of God for Incorporated for a very to the architectural regulations in the O2 office District located at 12440 South Pennsylvania hey good afternoon Shane leth with 3241 Southwest 93rd Street so I'm the architect and I'm here with the uh representing the The Rock Assembly of God I'm here with the lead Pastor uh Daryl sanderlin and we have designed a new building for them they're going to be moving into a new Church facility adjacent to the one that they were in and so we have designed we're here for a variance related to uh being allowed to install some metal wall panels on the exterior so we've designed the building you can see it in your packet a very attractive building one that uh one that we believe really uh integrates in nicely with the property and the buildings along Pennsylvania Avenue um one of the things we mentioned in our application was that you know we don't believe it's necessary to incorporate ephus or other other finishes in that our design incorporates a variety of quality materials and complimentary color schemes and um we really believe that uh not allowing metal as a wall finish at this site you know it's not going to be peculiar because there are a lot of existing buildings and the two buildings that are on the site uh actually have uh predominantly exterior metal walls um there on those existing buildings so I can answer any questions that you guys have okay questions comments from the board and again I don't have anybody signed up to speak on this one is there anybody that wants to address the board okay I think we're ready for uh motion motion to approve case number 15577 for the purposes that it meets the sagittary requirements forther requested variance second okay Motion in a second C your VES you're approved thank you very much item number six was continued till May 16th item number seven case number 15579 is a request of Johnson and Associates on behalf of Bellagio LLC for a variance to height requirements in the C3 commercial District located at 10224 Southwestern Avenue good afternoon Tim Johnson with Johnson Associates one East Sheridan s 200 Oklahoma City Oklahoma I'm here on behalf of the applicant um and uh I'm sure you've seen in your packet this is uh on Southwestern 100 four street so this has been developed as uh I think I reson that over 30 years ago so uh but the C3 just it's a big piece of C3 it's been developed around by multif Family on two sides uh and now the uh owner wants to change things up a little bit and uh use a u retail it's so deep that you really can't do anything but a big box on a site that big so um we wanted to do some retail with access to the back building U and the normal setback in C3 if we were not adjacent to R4 would be we could go up to six floors six stories uh but the Restriction next to R4 causes us to be at 35 ft in two stories so what we're asking for is uh simply uh to raise that 35 ft to 40 ft it's a 5 foot variance and then it would allow uh a three story to fit within that height um and you can see by the exhibit uh that we are significantly away from any of the residential units uh the property would be fenced as required by code um and it's not anticipated to be a high traffic area so we don't see a detriment to the uh existing uh R4 which is really facing this is the back of those units and most of them are facing the other way and we're buffered by parking on the North and and an open field on the East um and then like I mentioned the uh uh the requirement of of 35 ft would go away if we we weren't adjacent to R4 so that makes this unique um the variance is simply asking for a five feet which is not a drastic change in the code and then without this variance we would not be able to do a three-story structure back here two 40 ft which would allow the use that we're proposing to be the most economic uh application so with that I'd be happy to answer any questions for you any from the board one quick question um the adjacent uh apartment building that's next to you is 23 ft and yours is going to be 40 is that correct I'm having a hard time hearing you 23 ft high or they're they're U where am I sorry upside down so yeah these uh those buildings are twostory um and they are um Garden style Apartments um you know and the closest distance to one is 105 ft uh I think their height is somewhere around 25 ft um so I'm I'm pinch hitting today I didn't write this this report so uh if we say in the report it's 23 ft then that's what we've measured okay okay anything else pardon nobody signed up to speak is anybody wants to address the board on this okay if there's nothing else from the board I think we're ready for a motion motion to approve case number 15579 for the purposes that it meets the statutory requirements for the requested variance second okay we have a motion in a second cast your votes thank you approve item number eight case number 15580 is a request of Ken fin Simmons on behalf of Josh farmer and Jennifer acock for a variance to sidey setback regulations in the one single family residential district located at 823 Northwest 31st Street hello Ken fit Simmons architect of task design at 1300 Northwest 17th Street and U as you said I'm here on behalf of Josh and Jennifer who like to build their forever home on a property that is kind of unique they own the house and they own the vacant corner lot and they both U unfortunately have rheumatoid arthritis so U it really needs to be a one story and to accommodate all of their uh the functional needs and a pool that they would use for uh helping bring relief and therapy um we really need to be able to move the house a little bit closer to the property line than the required 15t setback um we don't feel like that this is a detriment to the neighborhood because uh most of the homes in the neighborhood are built uh prior to zoning I think in 1947 and a good bit of them appear to be at or very close to the property line already uh so we feel like this is something that would be in uh not doing anything that's out of the ordinary for the neighborhood and uh I sent some images earlier today and U appreciate Cindy accommodating uh you can see uh the blue dash line the light blue dash line represents uh the right away as best as we can interpolate from the Google satellite and the white dash line to the right represents the 15t setback and you can see that's just two houses north of them but a good bit of houses on almost all the streets in this immediate neighborhood U appear to encroach quite a bit on that 15ot setback and U if you have any questions or if you'd like to hear from Josh and Jennifer I'm sure they'd be happy to talk to you as well questions or comments from the board okay I don't have anybody signed up to speak on this one does anybody want to address the board to this application okay nothing else I think we're ready for a motion motion to approve case number 155 15580 for the purposes that it meets the statutory requirements forther requested variance okay we have a motion in a second so cast your VES you're approved thank you you very item number nine case number 15569 is for a special exception of Jeremy how on behalf of amh homes loc to allow Home Sharing in the R2 medium low density residential district located at 2124 North L Avenue so I'm Jeremy how at office is 36 West Memorial uh OK City and we're just here to get a a renewal for a home Shing license okay any questions comments from the board I don't have anybody signed up to speak on this one is there anybody that wants to address the board on this application okay I think we're ready for a motion just a couple of things I wanted to clarify the quiet hours were open to ended after 10 p.m.

I'd like to make it 10 p.m. to 8:00 a.m. yes and then I'd also like to make a three car maximum and no on street parking okay I think it's on there already do you see it yeah I've got the guy I'll keep it and then a threeyear exception yes sir okay we have a second oh was that a motion okay clarification is what it's called all right I will make a motion uh motion to approve case number 15569 for the purpose that it meets the statutory requirements for the requested special exception with our quad hours being adjusted from 10: p.m. to 8:00 a.m. and specific language with for a maximum number of cars being three and the application now for three years okay got a motion we have got a second cast your votes you're approved item number 10 case number 15581 is a renewal application of Amber gaale Gilead to allow Home Sharing in the R1 in Gatewood Urban Conservation District located at 2035 Northwest 16th Street hello yes my name is Amber Gully lot and I'm applying for a special exception for Home Sharing I own the property at 2035 Northwest 16th Street um and have been operating it with the Home Sharing license for the last two years um with Home Sharing we do have off street parking available for up to eight cars um and we have that in our house rules that uh all cars need to be parked off the street um we have quiet hours 10 p.m.

To 7:00 a.m. um and additional house rules are in there no parties um we vet all of our guests to make sure that they're going to be good guests for the neighborhood um I'm happy to answer any other questions you might have questions or comments board and nobody signed up to speak on this one is there anybody wants to address the board on this application okay I guess we're ready for a motion I'm assuming you have a pull out sofa or a sleeper sofa you you have three bedrooms here but you have seven guests you have a pull out sofa uh we have a air mattress and we have two sofas yeah are they sofa beds or just sofas uh just sofas yeah how many bathrooms do you have two bathrooms so I can tell that we're if we're to approve it I think that you're going to get three years rather than five years um do you have a maximum number of vehicles uh yes maximum um I think we have a eight um because we've got a twocc car garage and then a long driveway that extends that garage is like past that property so and then there's additional parking we have a gravel in the lawn behind the house so yes okay and you have no on street parking as one of your restrictions correct okay Marcus you asked about beds do you feel comfortable with seven people or do you I would I would like to see six if you don't have a sleeper sofa air mattress I'd prefer if if you're fine with us doing six I'd be on board okay I got nothing else you guys have anything else all right um motion to approve case number 15581 for the purposes that it meets the statutory requirements for the requested special exceptions with the following modifications this shall be for a term of three years and the maximum number of guests shall be six people and a motion in a second so cast your vote you're approved thank you item number 11 case number 15582 is a renewal application of streamline 12 LLC to allow Home Sharing located at 1212 Northwest 30th Street hello uh I'm folk of 4200 Northwest 144th Terrace and um the property in question is 1212 Northwest 30th Street I'm here for a home sharing license renewal okay questions comments from the board couple of questions on the property yes uh it's a three bedroom how many bath it's actually four bedrooms and um two and a half baths with then being such a large home have you had any complaints over the last uh year I'm sorry have you had any any reports to the police about complaints about noise or anything over the last year this home no how many bathrooms are in there because you're asking for a maximum number of 12 guests with uh I'm sorry you ask how many bedrooms no bath bathrooms there are two and a half baths so I I just wanted to bring up um the guest count for because I actually have three um properties in question today the guest count I actually haven't changed it's what I was approved for last year so you were approved for 12 last year for this piece of property mhm have you had 12 at once in this have I had 12 at once 12 guests at once yes um sometimes not not necessarily all adults they're um usually when it's a higher guest count for instance 12 uh a lot would be children okay um but yes we have had 12 guests including children before I know you made a comment that you were approved for it last year I feel like as a board we're learning learning about home sharing as we go and and so we are making modifications when new renewal are coming up and that's part of the reason we're asking a lot more questions now than we were probably even a couple years ago got it understood any other questions or comments from the board no one signed up to speak for on this one say anybody want to address the board on this application you have questions on what are thoughts on so you're saying that the den is the fourth bath bedroom because it's listed out as three bedrooms with a den yes so the den so for me I'm I'd be comfortable I could I could get to nine guests okay um how big is the driveway I want to know how many cars oh the driveway is pretty large um the front plus the front so um the front you can fit three and then there's a really long driveway that goes all the way to the back but um I have it set at six good so I would like to put six cars maximum and no on street parking correct yes no on street parking and you did say you were okay with lowering that number to eight from 12 n um it was 12 to 9 nine okay you are okay with that yes can we do 10's fine nine okay n okay anything else from the board anybody want to address this application years okay I think we're ready for a motion motion to approve case number 15582 for the purposes that it meets the stat statutory requirements for the requested special exception uh with the following modifications maximum number of six cars no on street parking uh maximum number of people shall be nine down from 12 and for a term of three years I second we got a motion and a second pass votes you're approved thank you number 12 case item number 12 case number 15583 is a renewal application for streamline 12 L to allow Home Sharing located at 1305 Northwest 16th Street hi uh BR folk 4200 Northwest 144 Terrace um address in question is 1305 Northwest 16th Street and this is for a home sharing license renewal questions or comments from the board I don't have anybody signed up to speak on this one is anybody wants to address the board on this one you have listed as a three bedroom that's correct three bedrooms so again I'd like to do a maximum of seven guests okay seven guests Y how many cars on the driveway uh two in that driveway and then two in the back so maximum four maximum of four cars and and no on street parking correct Qui hours are listed any other questions or comments from the board I think we're ready for a motion on this one motion to approve case number 155 583 for the purposes that it meets the statutory requirements for the requested special exception with the following mod with the following modifications maximum number of guests shall be seven for a term of 3 years maximum number of cars shall be four and no on street parking in a second go ahead and cash your vote and you're approved thank you item number 13 case number 155 is a renewal application on behalf of schumin hesu to allow Home Sharing located in in the R1 single family residential district at 2601 Northwest 112 Street I Burl folk 4200 Northwest 144th Terrace uh address in question is 2601 Northwest 112th Street this is for a home sharing license renewal how many bathrooms in this home I'm sorry bathrooms how many bathrooms there are two baths okay anything else from the board there's nobody signed up to speak on this application do anybody wants to address the board okay I think we're ready for a motion I want to ask a quick question before we even vote because um you're asking for a total maximum number 10 guests and after I look at how your rooms are broken down for instance bedroom number one king bed photable cot sleeps three correct because um on the on the Airbnb website a king bed counts for two guests okay it's they usually count um anything that can be shared as like that so in the cod in the inside of the room is how you're getting to that number three that's what correct okay because I don't know how Airbnb are listed yeah okay thanks so again because when I look at the total number that you have and the breakdown of those numbers 3 + 2 is 5 + 4 is n then you have four and then one that exceeds that number of 10 guests um there there because of the size of the bed for instance one room is a king bed plus a foldable bed and there's actually um two bedrooms which has a bunk bed in each so um we can house more guests but we were limited to 10 last year so I just kept it at 10 okay and and just like the last uh application and and and for this one I I I think seven maximum guests okay seven for this one would would fit it it's three bedrooms and and then the den um this one is four bedrooms yeah this a four bedroom home yeah as the den is the fourth bedroom I mean it's it's listed on the application as three bedrooms with a den but again I I feel comfortable with seven at this location and uh Maxim four cars that's actually my mistake it was the fourth room is not a den it's um has its own closet and everything but um yeah that that's actually my mistake it's not a den so in that room number four says a full bunk bed so both the bottom and the top are are full is that correct correct um usually for rooms like that we tell our guests we prefer children just because I don't think a full adult should be sleeping on the top bunk but um technically yes it it's a two full two full beds so don't tell the military that because that's how they sleep that's correct okay I won't I I don't recommend it okay I I can get behind eight we've got four four bedrooms I can get behind eight you can can easily convince me to get to nine if other board members are willing to give nine so that's kind of where I'm at I am too eight or nine I'm with eight yeah with eight okay okay okay anything else from the board and nobody signed up to speak on this application is there anybody wants to address the board okay I think we're ready for a motion motion to approve case number 15585 for the purposes that it meet the statutory requirements for the requested special exception with the following modifications this shall be for uh term of 3 years no on street parking maximum number of cars shall be four and maximum number of guests shall be eight do we have a motion in a second cash V you're approved okay thank you very much item number 14 case number 15564 is a renewal application for Justin and in Franklin to allow home share Home Sharing in the R1 single family located at 11508 Fountain bouard hi good afternoon folks Justin and Anne Franklin here um we are here to renew our special exception license for 11508 Fountain Boulevard Fountain Boulevard has been our home for the last 14 years where we've raised our children we've left our home and our beloved neighborhood to protect our child from a toxic situation that has caused mental health issues we are currently renting in the Edmund Public Schools district and plan to do so until my son graduates in May of 2025 ultimately we plan to return to our beautiful home in the fountains when our child graduates we've had some experience with traditional leases um we rented our home from 2021 to 2022 those traditional tenants they were young 20s somethings from California they made a lot of money they worked in the medical marijuana industry they smoked copious amount of their product under the disguise of medical prescriptions they frequently entertained their clients co-workers friends and enjoyed the pool and hot tub at late hours they didn't keep up with the weeds the lawn or the landscaping and negatively affected neighborhood property values they paid their rent on time so it was not easy to evict them they refused to be held accountable or change their ways and once their initial lease was finished we did not renew it uh we brainstormed with many friends colleagues and Professionals in the area on how to avoid the scenario and better serve my neighbors ultimately in 22 we decided a short-term rental model was the best option for our situation the short-term rental model allows us the ability to be more Hands-On with our property have regular access and check the property after every use to immediately address complaints to properly maintain the property and ultimately we believe we're better neighbors to ensure we maintain overall property values we have a thorough vetting process and house rules over the last year we've been through two different professional property management companies in an effort to find one that meets the best needs for our neighborhood it seemed both companies had issues with balancing their competing interests to book the home and earn money versus ensuring the property was booked with the right type of of guest for the neighborhood we do not have the same internal conflict and would rather not rent out unless the guest is a good fit for the neighborhood I can assure you we cater to families sports fans mature groups of friends and small businesses rather than the drug Laden party crowd that's being described by those that oppose I can assure you matter of fact many of our current neighbors have actually expressed interest in booking our home we've actually hosted Fountain Neighbors when one of their family members recently passed away and it was used as a Gathering Place for out of town extended family additionally several of our neighbors have expressed interest in having their aging parents their grown children and grandchildren stay at the home during the holidays there was a request even by one neighbor to host a grandchild's first birthday party unfortunately we had to turn down that request due to the sheer volume of guests and cars that were planning to come we've taken many proactive measures to avoid issues for the neighborhood we have worked handin inand with the fountain homeowners association to develop strong house rules we've implemented 100% of the board's suggestions we are in full compliance with all HOA covenants and in good standing with the fountains HOA board we continue to stay in close touch with several nearby neighbors constantly seeking their feedback we have personally taken on all Property Management responsibilities we intentionally foro booking requests that even appear to have the potential to turn into an issue for our neighborhood we have turned off instabook feature to ensure in-depth conversations occurred with all guests prior to accepting their requests we have a very thorough vetting process coupled with strict house rules our house rules are well documented and agreed to by each guest prior to allowing them to book our house rules include an 11 guest limit for overnight stays no more than two dogs strictly enforced quiet hours from 10: p.m.

To 8:00 a.m. and that means absolutely no activities including on the patio in the pool in the hot tub on the basketball court note when we we receive push notifications to our phones when our home's perimeter security system detects any motion and we proactively contact guests before our guests contact us there's absolutely no parties or events to be held no commercial photography and no more than five cars allowed on the property only two of these cars are allowed in front of the gate and absolutely no parking on the city streets in addition to the vetting process described each guest signs a separate short-term lease initials each of the important house rules prior to gaining access to our home however not even the best house rules work when the guest lies which is exactly what happened on April 29th 2023 upon discovering a large party with many cars we began the eviction process with Airbnb around 400 p.m. the partygoers were completely dispersed by 700 p.m. and the last five guests planning to spend the night were fully evicted by 10:30 p.m. if a tenant issue does arise it will only last hours with a short-term model rather than months with a traditional lease it is all of the extra documentation that helps us expedite the eviction process and lastly I'm local and only a phone call away if an issue does pop up upon finding about my neighbor's objections in the last meeting I sent out each neighbor an email in an attempt to address their primary concerns for example one of my neighbors on core Avenue has an issue with a high volume of transient guests a perceived lack of privacy due to the higher elevation of my backyard and a flood light on my basketball court for her I have proposed the following Solutions regarding your privacy with the HOA board approval I'd be willing to split the cost of installing an 8ot fence or taller if a 2oot extension is not sufficient perhaps some sort of lattice or Vine type honeysuckle could be erected regarding the basketball flood light I propose to unplug the basketball court light and switch the circuit breaker off making it unusable to Future guests and actually I've already implemented that change by rolling up the cord hopping on a ladder and duct taping that cord to the very top of the basketball pole I'm 67 and I can't get anywhere close to reaching that thing so no guess should be able to use that additionally we've increased our nightly rates by 20% raising the nightly price point should successfully reduce the overall bookings and by default reduce the transient guests a different neighbor concerns on Southwest 16th was excessive noise music parties and parking specifically loud music being played from a hot tub speaker for him I proposed to remove the panels from the hot tub and snip the wires and I've actually already implemented that never hearing back from that neighbor uh additionally I provided all of these neighbors my cell phone number and we answer that phone whenever it rings please note for the record I have never received a phone call or any any commun communication from any of these opposing neighbors regarding my short-term rental several of the items listed above were fixed in less than an hour in the future I encourage them to reach out to me so that I can address their issues rather than letting these issues Fester my wife an is now going to quickly read a few important notes from some of my surrounding neighbors as well as the current HOA vice president as I know that you are going to hear from some of the neighbors here today that oppose we wanted to uh redue letters that we received in support of our license to whom it may concern I'm writing in response to special exception for Home Sharing application case 15564 for 11508 Fountain Boulevard my name is Tony Cox I have lived in the fountains for almost 25 years I am currently serving as the vice president of the fountain's homeowners association and have been an active member on the board for more than 20 years serving in several key positions to include president for the last 5 years until I recently moved to the vice president position I fully support Justin Franklin's license renewal as I have worked hand inhand with Justin to formulate a comprehensive and thorough list of house rules that are in the best interest for the Neighborhood Mr Franklin's property is kept in Immaculate condition which enhances the visual value of properties in our neighborhood just has always been receptive to the board's concerns he has been easy to work with and has worked hard to find ways to implement the board's suggestions in the rare occasion that issues have Arisen Justin has hopped right into action and quickly found amicable solutions for those affected I have personally been involved in ensuring that any complaints that arose from a resident were addressed immediately with Mr Franklin and the renter evicted if necessary from my perspective as a fountain's homeowners board member Justin and Anne Franklin our good neighbors who are in good standing with the HOA board the board has previously addressed short-term rentals through ensuring short-term rentals enforce the rules they have submitted to the board for approval in preserving the peaceful environment of our neighborhood over the last few years we have had more conflicts with permanent residents being a nuisance to their neighbors through harassment Etc we have never experienced such complaints with any of the shortterm rentals in our neighborhood actually the long-term rentals have created some of our greatest concerns with our covenant due to non-compliance with Roofing color specifications yard upkeep requirements and cannabis smoke complaints please let me know if you have any additional questions regarding this manner respectfully Tony Cox to whom it may concern I am the owner of the home directly next door to 11508 Fountain Boulevard I own and reside at 11512 Fountain Boulevard I have not encountered any issues or problems with the house at 11508 Fountain Boulevard being a short-term rental property the guests are all well vetted and the host clearly states the rules for renting the property and creates a family environment I believe there is a strict 10 p.m.

Curfew and I have not had any disturbances I myself have had interest in having my visiting family be able to use this well-maintained property there should be no issue in allowing the owner of 11508 the license to operate that property as a short-term rental thank you pen Patel we live in the culdesac at 11509 Fountain Boulevard two houses down from Justin and Franklin for the past couple of years I think they have been leasing out their home as a VRBO they did discuss this with us beforehand and assured us that they were taking numerous precautions to ensure that any parties would be respectful of the property and neighbors some of these included a relatively high price point number of tenants noise restrictions stated quiet times for example after 10 p.m. and parking rules they've also indicated to us that they do a pretty thorough screening of tenants not only for the neighborhood's benefit but also to protect property living this close we've typically been aware when guests are staying there because of unknown cars in their driveway we have never thought any of their guests have been unruly excessively noisy or disruptive in any way there has only been one instance where the guests were here to attend a wedding which may have been noisier than usual we talked with some of the guests because we noticed there were a few there were quite a few cars at the home they told us they were having a get together at Justin's house before the wedding in the afternoon and the wedding was in the evening at a different location we offered our driveway for their guests to use so that they didn't need to park in the street they were very polite and appreciative of our offer we did notice the party noise during their afternoon get together but it all seemed very fun and cheerful and we didn't think it was any worse than other residents occasional get togethers as their guest promised we saw them all dressed in wetting attire and leaving the residence in the late afternoon early evening probably before 6: p.m.

but we weren't really watching the time after that we didn't notice them at all the rest of the evening their Home and Lawn are always wellmaintained and we haven't had any problems with with any of the guests staying at their home respectfully Mark and Debbie chilot my name is Jonathan melor I live at 11504 Fountain Boulevard I have been a neighbor of Justin and Anne Franklin for 15 plus years when Justin and Anne First Choice chose to make their property available on Airbnb they let my wife and I know about their decision and consulted us about any of our concerns they let us know what rules they planned on having they planned on vetting all guests before accepting reservations the property would have a strict 10 p.m.

curfew they weren't going to allow more than two cars in the driveway in front of their gate and none in the street they were aiming for a higher Echelon of clientele preferably familyfriendly to minimize issues on the property when the property was in use by guest we did not have any real problems with guest minus one case on April 29th 2023 which I will get to in a minute occasionally a few guests would play music Outdoors especially during the summertime but it wasn't louder than any of my other neighbors who have backyard events one guest accidentally drove into the grass area between our properties on a wet day and left a rut Justin was quick to rectify the problem with adding new dirt even though our vehicles are often parked outside in our driveway we've never had a problem with anyone disturbing our vehicles most of the clientele that Justin and Anne allowed as guests were familyfriendly or an occasional work team that was doing a remote job nearby the only exception to all this were the guests on April 29th 2023 they had numerous cars parked out in the street and blocking driveways of other homes within our culdesac they were playing music outside well above neighborly levels just as we were about to let Justin and an know about the situation they contacted us saying that they were in the process of giving the guest warnings to immediately rectify the situation or they would be evicted when the guests ignored the warnings they were evicted with the out within the hour we have had minimal issues with guests renting the 11508 fountain boulevard property when issues did arise Justin and Anne were very attentive to any of our concerns and quickly made the effort to correct the problem they have been fantastic Neighbors regards Jonathan malor so unfortunately I don't have the financial luxury of letting this property sit vacant until we move back home but I am trying very hard to mitigate my neighbors concerns the bottom line is I want to be good neighbors I want to do things the right way I continually and proactively update our house rules as I've learned new lessons we want to be in compliance with the city and we hope that you'll approve our application for special exception I can't guarantee that there will be zero issues however I can guarantee I will take Swift action and my neighbors concerns my concerns I care deeply about my neighbors and the neighborhood and I will ensure to protect its peace and we hope to someday be able to return to our home thank you any questions okay thank you I got a couple of folks signed up to speak so let me hear from the protesters I've got Greg and Lisa Scott how are you guys doing so get first give us your name and your address Greg and Lisa Scott we're at 2409 Southwest 116th we have the property just adjacent on the south side of their entire backyard uh we're friends we're cordial we know one we we've text we've communicated through the years we've roughly been there about 20 years um however we weren't able to attend last time we were asked by the Franklin to submit an approval letter uh We've tolerated a lot of nuisance a lot of noise a lot of things that we feel like we shouldn't have to uh considering it's our primary home and we've been there we've spent the money we've updated it we're there for good um so that being said we submitted a letter to Cindy uh and also the Franklin on how we f our concerns and I would assume that you guys have a copy of that in front of you so we personally want to come and just show our faces with the letter uh when we did not attend the first one we were able to uh watch the minutes on the YouTube video gu that you guys do uh and we thought well maybe it's time we quit tolerating and listening to come in and speak what we really see and hear because my backyard my pole which we've raised our kids there we've had plenty of parties or Gatherings or celebrations however you want a word it um with little league teams baseball football you name it I mean we've been there a long time uh so that being said we know what usually happens it get togethers and things like that and we've tolerated a lot we have never called these guys uh regarding the Airbnb at times we've watched each other's dogs or if our dogs bark and we're out of town blah blah you know whatever just neighborly stuff however they've been gone a few years uh We've like I said everybody keeps referring to this party on the 29th um I was out of town that day my wife was home um it did get out of hand I mean we actually knew the people that were there too because we're pretty big advocates in the Westmore area booster clubs all that good stuff Sports anyway that being said uh there's been several other occurrences uh that's never been basically the the pot Smoky dope Smoky whatever you call it nowadays we're not prudes we're not that neighbor we're not going to complain about everything and that's why we haven't called but there's been several times it happens I mean we have curfews we have rules we have regulations but we all know when they enter that house or walk out in the backyard which is the main probably the main issue is the swimming pool the backyard the the the get togethers the Gatherings social events however you want to word it um once they get out there if there is drinking if there I mean it just it escalates it gets louder and louder uh we're old enough now we don't have the kids there we go inside we go out front we do other things we've learned to tolerate but we just wanted to show up and give our reasoning what we've seen what we hear I mean we've had a very sick dog for the last year and a half so every time the dog had go out in the evenings my wife or I would go out with her 1 2 3:00 in the morning curfews are curfews the news doesn't even come on until 10 o'clock I mean I can understand people sitting on the back patio talking at 10 11 12 1 2 we've done it so I guess my my point there is curfews are written and signed and leases are done but who really abides by them you know is what I'm trying to to to say I mean they're just you don't have the control unless you're there with them on everything that goes on in that house and in that backyard basically that's that's what I had to say so the noise the nuisance me deciding what I'm doing that day versus that day am I going to have friends over family over grandparents over am I going to have to listen to VRE music am I I mean it's just it's turned into like the funny thing is now is I wonder what this spring and summer is going to be like you know I swim in that pool every single evening these guys can attest to that's my exercise I'm out there every day every night my I just enjoy the outside and what we've had to occur the last couple years it's not every time it's not every rental it's not 50% of the rentals it just takes one or two man and once you get that in the back of your head you got a doubt what's going to happen so that's where we stand that's our opinion and we just wanted to share that and we shared it with these guys so they understand like said this ain't personal they're running a business we live there it's our it's our primary home and I think we are the closest our pools are probably 40 foot apart if if you took a fence down you know um so and bottom line it's just the fact of when they live there they're are neighbors and you respect each other as neighbors were you call one when it's strangers every week every weekend our best interest is not the first at hand that they're thinking of these strangers so therefore were in plain sight we can see them they can see us because of a failing fence that has gaps in it whatever it's part of it but every single time we can see what's going on they can see us which that's fine we get that but when you don't know what to expect week to week that's one of the reasons we disapprove it's just the unknown we live there we're permanent we would like to be able to call an and Justin say hey what's going on or hey we're having this everybody usually sends out letters hey we're having a graduation party get ready for the cars hey we're having this we're having that I mean we've been there it is a very quiet neighborhood very nice neighborhood and we don't intend to leave uh but things change and it's not I feel like it's not our job to have to inform them every single time that's we have a life too so having to pick up the phone and call somebody text them this is going on that is going on that's not what we're living there for in our home in our permanent dwelling so um you know it's just something that you don't look forward to every single week do we have renters shut the blinds because they can see right in um let's change our family gathering this weekend to another weekend because you know or to another location so thank you appreciate your time thank you thanks guys questions comments from the board for these folks then I've also got Ray and Deborah fanova did I say that right okay should be okay I'm Ray via this is my wife Deborah we live at 11509 core Avenue which is directly east from where their home is located our backyard's butt up to each other um ever since they've moved out and they've had the rental or the people he was talking about from California we never had issues with them uh the copious amounts of marijuana they smoked never smelt it I'm a police officer we all know what marijuana smells like I've been around there for 22 plus years um and that was never an issue we never complained to other neighbors about it and it wasn't until they turned into a short-term rental that we started seeing these issues um parties uh blocking the street the neighbors that live in that CCT that wrote these letters with the exception of the vice president of the HOA um I don't how they didn't complain or don't complain cuz as you can see there's no room for any parking in that culdesac when you're having a gathering so they start blocking off the Colac they'll block off 114th Street um and sometimes they even loop around to our street uh so we have an issue with that because sometimes I do work at night come home at 3 in the morning and the music is going I mean constantly I try to sleep the morning comes around they're back at it again if it's on a fr Friday into Saturday morning um and then they're checking out on Sunday for the most part so this home is more than likely always used for a gathering to hold parties I mean bottom line you see anything yeah I just feel like he mentioned at the last meeting move the microphone there we go he mentioned at the last meeting that they it's run it out 52 times those people aren't there to have um an indoor you know a quiet weekend indoors they're there to take advantage of these amenities rightfully so got a pool basketball court which you can see is right there practically in our backyard which is right there by our living room by our master bedroom so at 2:00 in the morning which has happened in the past we hear bouncing basketball it wakes us up now did we call the cops I live with one do you really think one is going to show up because we hear a bouncing basketball no they have more important things to do so what I'm saying is this home is being used as an event center my backyard is not an event center and I feel like with these 52 times that they were rented that's what they're used for to have their Gatherings their parties while they're home sleeping at night I'm at home listening to these parties opening up my living room you know door to smell weed at times I can't be sitting outside of my patio enjoying my patio because there's people blaring their music now yes you can have these rules and put motion detector lights and get notifications on your phone but can you really keep them from going outside no you can't they're grown people and as you can see like my husband said there's not parking there now you can tell them to park behind the gate but no our neighborhood was not built for a home share it wasn't this is our home it's not just our property it's our home this is where we live I've we've lived there for 20 years this is where we've raised our children they don't live there we do and this is where we intend on staying we don't plan on we don't plan on selling but I will tell you that if I decided we decided to put our home on the market today and a respective buyer found out that it's a high rental behind us do you honestly think that they would want to purchase a home knowing that there is a high rental right behind them that's going to have constant parties all the time probably not I'm a realtor I know that so yes it does affect the the value having an occasional yard that's a little overgrown no having a high rental property behind yes that will affect the value so I'm just asking this has to stop it has to stop enough is enough we've been dealing with this for for a while now we just want the Tranquility of our neighborhood that we used to have that's it anything from the board okay thank you thank you these are the only folks that signed up to speak is there anybody that wants to address the board on this application I guess my question would be is the Franklin you guys have mentioned that um you reached out to them and proposed some solutions what kind of feedback have you gotten on those proposed Solutions so out of the four emails that I sent and that was the original opposition on the fourth um only one has responded and that was Deborah and Ray um I think we're still kind of maybe working through some of the proposed Solutions I've already implemented the light on the basketball court um I was standing in my backyard the other day trying to see if two feet of uh fence line extension would really kind of solve their their privacy issue and I don't I don't necessarily know that it would um and so finding some sort of am iable maybe it's trees maybe it's something taller maybe it's lattice that can be erected several feet or maybe we just build like a custom fence that is you know much higher on on their section again it's going to require the HOA board approval I think that we can you know with both of us Desiring that if if they can agree and I can agree to finding something a solution uh I'm open to it so that's that's where we've been I didn't hear back from any of the others and then Greg and Lisa just had submitted their opposition letter but we've previously been also talking um so we'll continue to to work with all of them um I think the new item that we implemented just since hearing from Greg and Lisa which um as as Greg mentioned I mean we've been in contact with them from the beginning and up until this week this was the first I had heard that they have had problem s um I take it very seriously that they wish that there weren't so many guests it is true that last summer we were booked almost every day so the new implementation that we did this week was to raise the fees we're fine with having less or fewer guests in order to um answer their concerns while still being able to cover our costs and so um hoping that this summer we won't have back to back to back guests in the hope to make our neighbors happier I I take these concerns very seriously it breaks my heart to know that we've upset people we call friends and this was the first I had ever heard of that even though we had asked them to contact us to let us know they were having problems and they never have so my my uh comment is I heard you say that you raised our increase the uh costs to stay there correct what about the number of guests have you done anything anything to reduce that number and also um the concern seems as though because you rented out so frequently that that's a huge problem have you considered not renting it out every week after week we could certainly mitigate as our calendar books for a certain amount that particular month we could shut it down for the remainder as long as we know that we're meeting our costs I think that you asked the scy if if they have events coming up in the future and you'd like us to block those dates off we've done that so I think was it Father's Day that's true yes she had one particular day that apparently was a problem for them last year on Father's Day so I have closed off Father's Day and I offered to her if she has other dates that she wants to have people over and doesn't want people at our house I'm happy to shut down the calendar on that day if I make if I can get to scotson V was let me know as to the proposed fence solution is that something that's one of the issues that I think I've heard from both of you guys saying that the line sight from their elevated backyard into your backyards is an issue so I think that that's a possible solution I'm not sure as to the pot smell um obviously uh that's going to be a hit and miss even with long-term rentals right sorry I do recognize that um with but as to the fence I'd like to get some feedback as to if you guys believe that is a possible solution going forward as concern I believe they took that dirt to dig the whole moved it to where they added concrete which raised their yard substantially uh which has created a different problem itself that he was not willing to fix at the time but that's a different topic um so I don't believe he's going to be willing to do this just from my past experiences with him um and I don't see why I should have to pay for half of the fence because I've replaced it once by myself when he did not help at all I just he had comments as to what he should have done different if he would have been doing the job so we have had our differences in the past and as of today I don't I don't believe that'll happen I don't think we should bear the the C cost of of paying for a fence when we didn't we didn't ask to have the Airbnb we didn't ask to have the the home share in our backyard we didn't ask for our you know our evenings or our nights to be you know Disturbed so why should we have to pay for fence you know I sell new construction fence right now that fence alone right there would cost at least $6,000 just for fence alone do I want to pay pay $3,000 for something I didn't ask for I can assure you no I'm not if it was raised though regardless of cost if it was raised and you had the Privacy back would that be possible solution going forward that would fix the the fence problem but that's not going to fix the issue Roberto it's not going to fix the entire issue that's just going that's just the surface right there we're we still got the issue of the noise we still have the issue the park we have the issue of disturbing so let me get let me interject a little bit here what we can do is we can we can solve some of that those issues for you we can dictate how many cars can be put in the parking lot and no on street parking we can lower the number of of guests what we can't do is make them pick days we can't they have a right by ordinance of course to have this Airbnb and so what we can do is mitigate it but we can't stop it Al together unless they have some and when we have neighbors that are coming protesting that helps us as a board figure out what restrictions we can possibly look for to balance both sides right and so that's what I'm looking for right now because I'll be honest the fense situation my proposed solution is that you take some of that income and I realize you've got your mortgage but I think that should be bored by yourself by you guys not the your neighbors if this is going to be a possible solution so that's why I'm asking if we can raise the height is that going to solve that part of it not talking about also the basketball bouncing at 2 o'clock in the morning which I agree could be someone with a short-term rental it could be long-term rentals it could be but those are those are all enforceable by code enforcement right and and you don't want to call in but if you don't call in we don't know and and the reason why I don't like to call in on our neighbors is because I know our response time I know that every call that we get is a priority and the disturbance and they might not but so just city code enforcement they'll take it down and then we get the record and then we know it's at least a violation even if they didn't get ticketed they know going website and doing an action gram every time happens 3 I can do that right and and you know then you'll know Scott yes step up to so we do have an 8 foot fence we installed it prior to them even moving into that home um it will help on physically seen in and out but it like she said it doesn't doesn't do anything with the noise or what's going on behind that fence which you guys understand uh and I think that's why your HOA and all your other nebs neighbors in front don't have the complaints because all the noises in the back it's kind of like an Amphitheater it all shoots back towards us right single family home swimming pool there's going to be noise I've done it too I get it no I get it the process that's why we want to put quiet hours on there so that there's a time and if they don't abide you can call and then we'll know but you know it's it there's a process to be taken and I I just feel like what we can do is lower the number of guests lower the number of cars going to be there no on street parking and also lower the term the length of the exception and I just want to say this to the neighbors because I did hear her say that um she has received calls before about requesting certain days not to be booked so please if you think that's going to be a problem make sure you contact them because apparently you do have their contact information you know if you know for a fact that you're going to be hosting something at your house where you may have a large number of people in the area as well just get with them and say hey look we need to work this that makes plent sense I appreciate that but I I really don't need to be doing that it's my own home I shouldn't ask permission if I could have no it's not asking permission if you can do something is asking them not to do something not you it's asking them not to yeah because they seem like they're willing to work if they know in advance so there are certain property managers that are using um devices within the home that automatically alerts them once a certain decel has been reached have you guys Incorporated any of that into your home we have motion we don't have sound detection and in the event of um the motion detectors telling us after 10 p.m.

That people have are still outside we have contacted guests and asked them to come in um I of course am I certain that that has always been effective no but we take it very seriously if we can tell the people are on the patio after 10 p.m. and we contact them and ask them to come inside until until the motion has stopped um and with respect to the reports of the parking that's all the way around the block every guest that checks in we check the camera to see how many cars are parked there we have not seen other than that instance that we took action to evict guest when we saw many many cars other than that we're not seeing what she has what Deborah has reported and I would just like to uh touch touch in on something that's been stated as far as the action center that's not a small thing uh I don't want you guys to leave here thinking that it's a foregone conclusion that we just approve all short-term rentals uh I Know Myself personally I've made the statement several times that I'm really big on the management of the the Airbnb uh what what Don stated is true they've got a right by ordinance city council sets that so some of these things are already in place but but we are here for a reason if you guys show up and you present uh documentation photos call logs from Action Center requests that is something that weighs a lot and we've had it happen in the past we've denied applications before so I don't want you to leave here thinking there's absolutely uh no way that we can deny an application but you guys would as much as I agree with you that it's unfair the owner should not be on YouTube to reach out to the to the uh the operator and say hey I've got a problem but I just want to be clear that it goes a long way we we absolutely consider that and if it's egregious enough we will absolutely I'll I'll vote against it so I want to be clear about that just moving forward that you guys do have some some options there question what's a term that they're asking for for the renewal they're they're asking for years well may I correct that when I first submitted the application I believe it was February 1st and so I thought I just asked for a year and a half at that time it is 1.5 okay much time has passed since then honestly we only need 13 months so we do one year because it's only 12 months in a year okay I'm not sure if we can do months I think that's part of it I think we have to go by a whole year I think that's why we I was pushing for the the twoyear I mean as as y'all's neighbor um I I don't know if I should Vote or not if sure if I should have say but I'm trying to find an applicable solution for everybody involved I do think that if we can get a higher fence but I also don't think that they should be made pay should be made to pay for it I would definitely look into the the sound um notifications cuz I'll be honest with you I've got a pull in my backyard there's times Well when my kids were younger that they would make a lot of noise even after 10 p.m.

Right so I don't necessarily think that forcing people who are staying at your home to come inside after 10: is a is required if they're just going to be sitting outside talking at a very low low level and I know that my family has done that many times so I I understand um you know I don't I don't want to say I don't want you guys to have to like basic basically um bird dog your your tenants um for that purpose to be inside after 10 um but I I do think that if you were automatically notified as to oh the level the noise level's getting pretty high such that it's going to interfere with their their um living then I think that that you need to figure out what that decimal point is but I also think that you know if the Scots want to be able to swim and not have to worry about people looking down into guard I think they should be allowed that but I also realized to their to their point is that they CH they didn't choose to have their neighbor become a business owner for the for the temporary time right and so I'm very mindful of that but I'm also mindful you probably have a mortgage that you have to pay so um I don't know what the solution my solution would be as Don has kind of mentioned is you know a one knowing that you guys are going to have to potentially have to encour endur for another year right um definitely the limit of vehicles um no on street parking maybe lowering the number of guests you guys have a beautiful home right we live in a very we're fortunate to live in a great neighborhood um and people are going to see that and they're going to want to party especially if if it's someone new they don't have a a pool in their backyard my kids are I mean my kids swam in my pool one time last year right I don't know how many hours I wait to trying to keep that thing up um but for people who are renting it that may be their one time during the year right so I can understand that your neighbors have to endure that whereas my neighbors don't um so I think those are some solutions um again for you guys you guys are going to be the ones that are most affected because it is the backyard and that noise that's not going to carry over to the front side I would welcome any other ideas or input that you guys may have I mean I don't know any other way to address the noise I mean because we do every single one of the letters that they received are from Neighbors in the front one's from three blocks north and to the east um where the vice president lives and they're friends of theirs um and one comment that he made to the developer when the developer called him was get with the program Harlen it's 2023 yeah and the call so and he's one of the letters that they brought so and that party was not dis the party was not dispersed at 700 p.m.

Or 8:00 p.m. I actually looked at the call the 911 call came in at 2301 11:01 in the evening it wasn't 4 or 5:00 yeah it was after midnight we came home from dinner it was after 10:30 I believe and the roads were the streets were blocked so so the party did not disperse starting at 4 or 5:00 like he said it was still going on everybody didn't leave till after midnight and I was witnessed to that because it's in my backyard so we saw all of that and I'm going to have to reinforce what one of my colleagues down here said you're you're going to have to call make those calls and and we are I mean if I have to do that now before I was just I was tolerating it I was tolerating it but it's gotten to the point where it's just enough is enough it's enough yes and you know and I don't want to be that neighbor I don't I really don't we're busy I'm sure they're busy this is their business that's their business that's their but it's your home so you need to make those calls so that's what I have to do now and I have to document every single time then that's what I have to do unfortunately and I I get it I understand but you know if that's what I have to do that's what I have to do anything else for these folks yes Scott my only opinion would step up to the step up so we get it on the record please I just I'd like to to do the fence we tried it a few years ago recall that on the privacy fence so we have a we have an 8ot privacy fence between us and we patched it three or four years ago and I think it's time to replace it and make it a true privacy fence so it's just the height that's a problem there are some repairs that are needed so basically when a fence settles and it gets age you get gaps so now there's spacing between I mean I can sit on my back patio and see their entire pool so we had discussed this a few years ago with the Franklin actually an asked my wife if we'd like to put up a new fence and we would and Mr flankin came over and seemed to tell me that it was my fence not is so you might keep that in in mind with all of our uh suggestions and options that we have as a neighbor not a business owner at the time I passed it myself I bought the material myself I accessed his property and fixed the back of it that was probably four to five years ago before all this started so M so that just gives you some history on the working together and all this well Mr Franklin I'm going have to be very blunt and honest um as a good neighbor and as a businessman and you listening to the concerns that they have regarding the fence one of the problems is the cost of the fence which um he's stating that he should not be responsible for paying that can you work that out where you can let him know that that's not his responsibility I can I don't know that there's any issue with that fence line it hasn't caught my eye um we've we've made repairs to that fence it's so I absolutely can that was I can't cannot see into his backyard it the fence is doing its job but yes we can do that thank you ma'am I appreciate that you pay attention to her she got you out of that that quickly thank you because that was my hold up so thank you sure thank you ma'am okay I think we've covered the issues more than once yeah so what I'd like to do is just negotiate the number of guests what you feel like and I think and I know it's a big house and probably five bedrooms but I I'd like to see a maximum of eight okay and I will say and four cars we have had the limit at 11: for nighttime guests but when people have said well we're visiting town our our family lives in town can they come over in the day at this point when we've had these conversations about family oriented Gatherings we've said okay you can have up to 15 during the day but they can't stay over and they you must abide by the curfew so we just won't do that anymore this is what I'd tell you yeah we just won't do that for me I need a maximum number of eight guests for you as the operator you put as many people in you want if they call on you code enforcement so you started the conversation with a negotiation down y eight you're at eight can so it's we've got it at 11 which is already far lower than what that house can accommodate with if it's equipped differently um I'm just curious can we raise it to 10 so let me ask you a quick question because to me um the number of guests is not a big issue because your cost is still going to be the same they still have to pay the same amount of money to rent that place so even if it goes down to eight that shouldn't be an issue you're still going to charge them whatever the amount you're charging right that's accurate and we'll just curtail them having day time guests from now on well the reason I'm bringing up what I just stated is because I'm going to almost have to support him because again we're hearing uh concerns about the number of guests that you're entertaining in that place but regardless of if it's six people or 12 people you're still going to charge that same rate so that shouldn't be a a problem Stopping You by saying yes we can reduce that number I think that advocate get against the board I think that the issue and and I'm guilty about having Church Gatherings right and we you are an attorney so go ahead um so I I mean I have Church events and we fill up the street right so I have got like 30 40 people in my home temporarily right I'm coming over come on over um and then they all leave in in the evening and so I I want to be mindful un addressed and and confir irm what an has stated is that I think that part of the problem may be when people come over and we all have people come over we've had pool parties that probably my poor neighbors had to endure a bunch of 12y olds making a bunch of noise so um I'm not as opposed because I believe your home is it a five bedroom it is it is a five bedroom five bedroom for bath um so you're saying spending the night that it's okay to have 11 to spend the night I think if you had if you just even even if we use the the equation uh you know two per I mean if even if you brought it down to 10 um I think that increasing the price combined with a a reduction in number will curtail it um I'm just wondering if it will curtail it too much right because we also want to be mindful to to the business owner who has the operation that it may limit them and and so I'm just trying to be the good neighbor trying to you are being good and I see your point and going to 10 is not a big issue for me to do that number since you have five bedrooms but again with the uh showing compassion for the Neighbors eight is a good number but 10 will also work but not 11 or 12 yes ma'am I mean I think that if you put a maximum number of vehicles then some of those extra people will be children right you're you're not if if you've got you're not going to get 10 driving adults com and stay over four vehicles right so I think that if you if you do four vehicles couples I mean they they'll have a couple of kids I'm good with going down to eight um because we're asking the Franklin to replace the fence up to a a level that is you just lost me because I thought you were talking 10 and you are now uh going down to eight no I'm good with 10 I'm good for me personally I'm good with 10 I'm also good with having the homeowners incur the cost of replacing the fence so that their neighbors um have that privacy that they seek to have during this next one year okay thank you for explaining that point of clarification needed for me um in regards to having additional people on the property during the day where did you guys I I couldn't quite understand where you guys I'm not sure we know I'm just kidding um so the maximum amount of guests could be 10 if you guys have 15 people in there and they're all quiet no one's going to know that's that's what I'm saying right you have a pool party they're going to call it's pretty pretty easy for me to okay kind of figure that out um so that's where I'm kind I'm where I'm at um I still don't know if I should have input if I'm not sure if I'm going to obain or not as long what I was saying that the overnight guests do not exceed that number of 10 at this point that's why I said I can go with 10 at that point right and that's we're talking the same language yes English yes okay thanks um so I guess the only other thing a suggestion is that noise monitor that automatically notifies you when it does get and whether it's 8:00 10:00 or 2 o'clock in the morning you know if it goes off at 2:00 in the morning someone's playing basketball you're not going to be waking up to Villa was or if it does go off you're notified that your neighbors are not having an issue so I I would definitely encourage you to do that I don't know if that's a qualif uh pre-qual qualification that we can do in order to renew and I probably so think so that's a suggestion they can't manage what we put on and they're going to be called it's one year anybody ready to make a motion one you're going to get us to the you come to yeah so I I'll just tell you on the fence we're not making them put a new fence up that is something between a recomendation I would not be recommending it it's a recommendation but we're not going to put it in the application they ask to put off fence that's beyond our so we can't enforce that is that and I know that but so right now there's a there's an 8 foot stock iron stock stock filloas have a six foot which there would be some benefit of raising it to 8 foot it's going to require an HOA approval yeah well we can't just put it up um without the approval additionally that's per covenants uh the Scots already have an 8ot fence I cannot see into their yard um he's talking about gaps that are potentially between and my wife's looking at me so I'm going to be quiet is the maximum height in R1 is 8 ft so I'm trying to find a balance that I'm allowing more guest so that your pool of candidates does not diminish so that you're hurt um you know from from where you've been last year so by having 10 guests your your pool of of people potentially stay will remain there to keep that your home occupied for the next year at the same time for me personally I I do unlike Mr Noble I I do think that it should be a requirement for the fix for the fence to be addressed and and I do believe that that with the circumstances and the layout of the home I think that that would be something that the board the HOA board should be able to approve for that purpose when you've got um ad joining neighbors asking for the same thing I think you're probably right the governor or the covenants State six but the reason we've had one with the Scots that's eight is they have always had a pool and so since we have now built a pool since we moved in it's likely that the board will approve that yeah so I for me personally I would like a defense to be addressed um and and for me prior to when it starts getting busy right so I could see pools opening up by the middle of May so potentially seeing what options there may be to have that addressed by by May 15th now I think we're ready for a motion I just from okom City legal we can force them to address their offense what you have uh are standards for special ception approval and that's in your staff report so those are the criteria that you have to choose from and those are the things that you get to decide whether or not have been met and what adjustments need to be made to assure that those things are met that's an very attorney answer yeah well so um you might look in particular at items one and three under the standards for special exception that's exactly what I was going to say I'm confused on the fence are you guys still working through that up there okay I think we're trying to figure out can we mandate or require make that a condition to passing I think are you wanting to put a fence up you know I share a backyard with five different neighbors it's a hodgepodge of collections of fence line I in it's time for me to replace my fence um I would like a standardization in the backyard there's other neighbors that have fence line on in my backyard that are not present today I don't know that I can collectively get everybody to agree on you know is it a fence line of my choosing is it a fence line of their choosing I mean a lot of people have different concepts and so that's a long answer to your question I need a new fence um it's going to take a lot of discussions to to get everybody to agree on what we put up um but you're not opposed you're not opposed to putting up a new fence I'm not opposed to putting up a new offense I think you're just concerned with the timeline I might be concerned with the timeline and who gets to choose what fence goes up Mr Franklin that's your property you can choose your fence if if it's my wallet and I get if it's within the yeah the 8ot or whatever it is that we're saying it's going to be you can make it out of whatever as long as it stands so the the fence line and the fence they're they're all shared property basically because it's on the property line yeah I don't think it is our F not any one person gets to choose oh really in a situation like this where it's just neighborly right and it's it's more of a concern about the number of people in the backyard and the parties agree to me so I agree to the 10 that we've negotiated that effectively we reduced from 11 to 10 is that what everybody think we're in agreement for that I think as far as the fence the fence being on the property line is a shared expense between adjoining neighbors right so knowing that uh because it's because you've got the business side that you would like to continue operations you've got your neighbors that would like some privacy that's why I'm saying instead of 50/50 have you guys replaced the fence at least with the neighbors that are here um that have stated it it is an issue they have a six foot fence have a fence that provides them the Privacy that that they would like now whether that's 8 ft or 10 ft it sounds like 8 ft sufficient for the Scots but that the gap between the panels may be an issue am I understanding that correctly or not okay so something that does not have that you can't see through basic yes like I mentioned earlier about the fence and I'll leave it at that I try I I fixed it my I repaired 100 I think it's 110t the line all he did was comment on how he would have done it he never offered to pay a pen for it he also asked why why why are you not replacing the 4x4s with galvanized post it would look nicer but never did he offer once to pay for any part of that fence or do the physical labor can I ask you is would an 8ot F an 8 foot fence provide you that privacy that you're seeking it would help but because he raises property so high to build that pool you still see people walking and they can see Us in the backyard so we've added a fireplace Sor fireplace with a Pergola and that's kind of obscured some of the the issue but at the end of the day I don't believe he's going to do it when we leave here and he'll be back in 12 months like he said and that fence will still be there that's just my opinion I'm not sure I don't know the fencing standard so what's the is it 8 feet 10 feet or is it 8 n 10 it's an 8ot maximum R1 because you have to come back here for if you wanted to go above that well the reason that I was asking if you were willing to do it is because I'm I'm struggling with the idea of of forcing you to put a fence in and and not because I don't think it's appropriate after everything that I've heard I absolutely think it's appropriate at least in respect to the villain web is it looks like the two foot would help even if it may not solve it it would help uh but I don't want to establish I hate to say a precedence this is not a court but I don't want to establish a precedence like I want to be consistent and I would just ha to go down a slippery slope where we start requiring um private owners and operators of airbnbs to make improvements in order to run the Airbnb so if you are comfortable and it sounds like you said you need a new fence if you're comfortable with it and it's something that you're voluntarily willing to do then then I I can get on board with saying this is a requirement for you uh if not I'm I'm still kind of torn on on how to address this I'd prefer not to commit to it if that's an option for me it's it's a going to be a huge expense but that that's just my preference you were asking and I'm just telling you that's my preference I'm in a tight spot I'm just going to confess I'm in a very tight spot because um it's it's a business that you're discussing versus um a home but we can decide how we'll vote on this once there is a motion made if it's the delineating factor I I can't quite tell if it is for me it's a neighborly thing it really is I mean you're going to you're going to communicate with five different neighbors your fence needs to be replaced you're going to do it especially you're saying you're going to live there in a year and 13 months anyways so I think that's on you yeah you're you're planning on moving back there in a year um yes may my son graduates we will be in by June okay who wants to make a motion well I I don't know if I need to announce that I I'm going to abstain you don't have to obain just because you live there um just because I'm conflicted in both ways having lived there do I need to I I guess decide whether or not you can fairly and objectively make a decision on the application if you believe that you can and if no one disputes your personal finding that you can fairly and objectively make a decision then you're not required to abstain um as you all decide look at your staff report that requires um you to look at the standards for special exception approval and determine whether or not those have been met so under item number three that's the one that's questionable to me for those who are wondering what number three is it says the proposed use shall not adversely affect the use of neighboring properties in accordance with the applicable zoning District regulations I'm not sure I heard that c or understand exactly what you said do you have a copy of the staff report if you have a copy of the staff report look at page two look at item three this is right here the proposed item three or two three okay proposed use shall not adversely affect the use of neighboring properties in accordance with the applicable zoning District regulations they're just talking through it on their behalf not asking all right okay you ready yeah I'll make a motion to approve case number 15564 as meets the statutory requirement for a special exception with self-imposed rules in the application and the addition of a maximum number of guests is at 10: um Qui hours from 10:00 p.m.

To 8:00 a.m. a maximum number of cars at four no on street parking and special exception for one year did you mention anything about defening no so would you please look at um item number seven before we even vote on it again please um this standards I'll read it for those that don't know it says number seven if necessary to protect the general public and to protect the use of neighboring property from the potential loss of use or decrease in land value the board of adjustment May required additional sight proof screening and Landscaping according to the standards contained in section 59- 1110 of this chapter so would that cover the vening at all additional requirements on vening right so right now there's there is a six foot Stockade Fence sight proof screened stockade fence and an 8 foot which is by zoning R1 the standard and and I know you know that so that's why I said would you please take look so I that's why I said I just don't believe we have to we would need to ask for additional again they're going to live there they have neighbors I think it's a community thing more than something that we should do from the board okay thank you I appreciate my position so I heard a motion but I didn't hear a second a second got a motion in a second to approve with conditions and I heard one year okay are there any other conditions other than one year and 10 people four cars four four cars no on street parking okay Motion in a second I made the motion my screen didn't something refr we do a Voice vote since it hasn't come up mine came up mine mine hasn't changed refresh refresh right thank you okay you're approved thank you and I think the vice chairman is in charge because I have to leave oh are you leaving okay which one we on hello oh thank you pardon oh yeah do you want me to move you're good oh you want me to move oh okay oh uh Cindy would you please call the next case item number 15 case number 5567 is an application for special exception of Amy L to allow Home Sharing in the R1 single family residential district located at 7236 Skylark Lane uh would you please state your name and address uh yes please uh my name is pamy blue um with I Premier Homes I manage um this um property of 7243 skyar Lane and we are asking for a new application so this is a three bedroom I mean I'm sorry four bedroom two and a half bath and we had um or not last week two weeks ago we talked about uh the occupancy was at 10: we dropped it down to 8 uh quiet hours or 10 10 p.m.

To 8 a.m. um we talked about the in that the that most of the neighbors are really talking about on New Year's Eve where there was a shooting and as Roberto has indicated um in all the years that he has reviewed the request there's never been a shooting and likewise we have never experienced that as well too and so in taking the um Swift action in regards to that just like the Franklin had had basically said um a house doesn't really have all these things you can have these things same type of issues with a shortterm just as well as a longterm the the thing that we were able to do in a case like this is that we were able to take Swift action and to be able to prevent something like this hopefully in the future um the vetting process um is going to uh we did find some holes with the way U even though we put um house rules in place and things like that they were all broken and we can't control people people are going to act the way they are if they're going to be a nuisance they're going to be a nuisance rather the house is a long term or a short term and so most of the the the complaints and I'm not I'm just now getting this email and I did speak with this gentleman this is a gentleman who who came up to speak last time and we did speak after the fact and I um we were going to notify and I have notified the the surrounding neighbors by sending them an email and for those who I just did it recently so by the time he sent this email we were not able to actually he he didn't hear from me so this is the reason for the long the long email here so his words were just like this is that today oh man when you have a nuisance guest if it's a longterm you're going to have a longterm problem because they're going to be their longterm with the short term it's not going to be as much his his deal is what we talked about is is just making the neighbors aware um a couple of neighbors they all got our our phone numbers already so if there is an incident they will be able to contact um we did put in a noise um system in since that time as well too so those were the things um so all the recommendations that were um asked last time we have taken those actions and um that's pretty much it got letters here that what we're sending out to them okay thanks is there people signed up to speak on this we don't have any no ask and no one no one wants to speak on this case you're not here for this case okay are are are you the property manager or the owner of the property property manager and you're not the owner of the property no I'm speaking on so you have a property management company correct I Premier Homes is managing the property I Premier Homes is maning the property in the the protest email we received today uh the gentleman that was here previously is stating that uh you didn't make any attempts to reach out to him or any of the other neighbors is that accurate I'm I right after after this we spoke in in length right after that and then um I said that we were going to be talking to the the neighbors and and things like that well I was out last week and just recently got back and so by the time our our emails kind of crossed by the time that I was making action of talking to the neighbors so so you weren't able to connect with them and and discuss I did I did talk to him right after no I mean he ackowledge that in his his letter but outside of that interaction oh well and I text him this this this right before this meeting and so I knew that he this was coming so he said hey I didn't hear from you so I sent this email and I said well IES I was out last week um this is in the process right now sent him a bunch of text messages so we have conversed via text and then after this meeting I will physically go and talk to him and send him send him what I physical uh email of what I sent him well I I don't feel like that's fair to the neighbors because I mean I was pretty Direct in in terms of how I felt like the ball was dropped initially and then um the the plan as I understood it was to go forth and meet and interact with those neighbors to try to get to get their support and that has not happened so if we were to approve this today and then have you go visit with them after the fact I mean I don't see what the point would be you would already have the approval and I feel like as far as meeting up the onus was on you to meet up with the neighbors and discuss this with them I I am waiting for the emails to come back and I didn't get that email yet so so you have emailed them I have emailed I've emailed him as well as the other neighbors who have who have uh made the concern that I had the email address of so I have done that yes sir okay and when did you and I'm waiting that when did you email today okay so I'll just interject a little bit for me I would like to continue this for two more weeks I I'd like to see a response response back okay sounds good so two weeks is good for you yeah is that specific date May 8th I believe it's May 16th is it is that our next meeting it needs to be continued to a date specific specific to the meeting so our next meeting our next meeting is May 2nd May 2nd May May second work for you perfect can we get it on the docket okay is is that your motion May second I'll second guess mine is gone okay May second all right thank you thank you um Cindy would you please call our next case item number 16 case number 15572 is an application of John Allen on behalf of Cloud9 real estate to allow Home Sharing in the R1 residential district at 1216 Northwest 34 hello I'm John Allen I resign at 167 on Boulevard I'm here to apply for a home sharing license at 1216 Northwest 31st Street for a use of an Airbnb was anybody here to speak on this one no one signed up okay a couple of questions on the application um it's a three-bedroom home yes sir two bass yes sir and you're requesting 10 um I'll just tell you with the a three-bedroom two bathroom I would like to see it at 6 six even with a pull out couch can we do seven seven seven seven sounds good uh quiet hours from 900 p.m.

to 8:00 a.m. 900 p.m. okay to 8: a.m. yes sir maximum of four cars on the drive no on street parking yes sir and for a term of one year one year yes sir anyone else can four cars spit in the driveway cuz according to this picture looks like I think so there there is a uh we I don't know this is there's a parking garage in the back that can fit one car and the driveway is long enough to fit about three to four cars in it okay I'm going to make let you make that motion because you said a lot you want me to do yeah I'd like to make a motion to approve case number 15572 as it meets a statute St requirement for a special exception with the application as written and additional of a maximum of six guests quiet hour from nine seven seven oh seven sorry okay seven guests a Max or quiet hours from 9:00 p.m.

To 8:00 a.m. a maximum of four cars and no on street parking for a term of one year I'll second thank you U Cindy would you call the next case please it number item number 17 case number 15573 is an application for special exception of himma Krishna on behalf of emerald Investment Group LL to allow Home Sharing at 2428 Northwest 49th Street hi my name is Hemma Krishna and I'm here on behalf of um Emerald Investment Group um to apply for a exception for a home sharing license at 2428 Northwest 49th Street um also brought my property manager if you guys have questions any questions anyone here to speak yes we do have someone that has signed up to speak um um Mr ke Murphy Ken I'm so sorry please come up state your name and your address I'm Ken Murphy I reside at 2425 Northwest 49th Street so I'm actually representing a couple of other neighbors on our street and we've been discussing this property and um I would just like to say that um we have a quiet safe neighborhood we've heard stories of parties and other problems with these airbnbs and it's just not a really good fit here in our opinion and maybe they should create special zoning districts for these types of of U uses um it's a very qu quiet safe neighborhood and we just don't want that uh interrupted so I I'm in saying in opposition to it I would like to hear you know how many people they're going to have per night um what do they plan to charge for renting the place and some of the other things that we've heard the other applicants say about their airbnbs like number of cars no Street parkings quiet hours Etc so as far as what they're going to charge uh we don't monitor that and I'm sure once it's posted you can go online and see what that is but that's not what we do okay yeah as far as the rules Go I mean we do have very strict rules and I think we only requested six for the max occupancy and there's three bedrooms how many six Max and four cars in the driveway and there's plenty of rooms you guys try to address us as the board oh sorry yes is my phone number um so six Max house in the house and then four cars no on street parking I think it's pretty reasonable okay I and I just noticed a young lady get up and give a card is she your manager she's my manager yeah thank you because we love it when they have property managers years very successful in Norman if you know much about Norman they're very can you approach the uh microphone and just for the record so uh I've been running them for two years very successful no issues um I have them across the state as well but particularly in Norman where they're very strict I just wanted the gentleman to have my phone number since I will be dealing directly with the guests the housekeepers all of that so that if there ever is an issue he can reach out to me he has my website as well as my other properties but you can always see the price just by going on Airbnb yourself to see the price and and for the may we please have your name in address yes my name is Libby Ross and I'm with co-host Oklahoma thank you and I I just going to say that it still doesn't fit within our our neighborhood it's just not a good fit for us we just don't want any issues so I just came down here to speak in opposition thank you not that it matters but this is w three right with address you guys ready to make a decision you guys what I'm saying is that you should reach out to your council person to discuss the ordinance for Home Sharing and other than that I appreciate that you guys have a a property management company on this you followed the you know the guidelines what I would recommend anyways so looks like a beautiful property I would like to entertain a motion down there are there car limitations already on on the application or did you four cars four cars on there trying to figure out where it's out add it okay all right motion to approve case number 15573 for the purposes that it meets the statutory requirements for special exceptions should be for a term of one year um maximum number of cars will be four no on street parking and if Qui hours are no are Qui hours mentioned qu hours from 9:00 p.m.

To 8:00 a.m. second and I'll just say this was a very well put together application yeah and they had a manager yes and there's property manager yes it approve it was approved yes you're good yes oh good thank you yeah it didn't come on that's yeah I know it didn't populate up here either yeah I'm sorry yes okay thank you thank you thank you item number 18 case number 15574 is an application for special accept of Sean Miller on property Investments LLC to allow Home Sharing 1515 Northland Avenue I'm William pres with milk and honey realy 3705 West Memorial sweet 1302 oh you can start talking tell oh I was waiting for you to ask we're just trying to do a home share it's a two-bedroom house so we do four guests two cars Max no more than 14 days quiet hours 9: to 9 9:00 p.m.

To 9:00 a.m. but no parties no groups it's just a t it's a tiny house it's like less than 800 square feet and no one is here to speak on it hope not I would be quick though not another hour I mean other than it's it's going to since it's an initial it'll be a one year I I don't have any problems with one year so um I guess I'll make a motion uh to approve case number 15574 for the purposes that it meets the statutory requirements for a special exception uh with the only change um to the application being that it shall be for a term of one year second all right thank you thank you okay you too thank you is there anything else on the agenda that we need to discuss anybody out there oh I so move that the meeting is over what else we adjourn

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