OFFICIAL MINUTES BOARD OF AJUSTMENTS September 28, 2011

Transcription

1 OFFICIAL MINUTES BOARD OF AJUSTMENTS September 28, 2011 Members present: Mark Tortorich, Clarence Savoie, Nathan Oubre, Marshellia Thompson, Gary McNeal Members absent: Rudy Soignet Also Present: Errol Price, Asst. Public Works Director, Roland Soignet, Building Official, Ruby Maggio, Secretary, and Kathryn Adams, Secretary Mr. Tortorich stated I guess we can go ahead and dispense, do I have a motion to dispense with the minutes? Motion made my Mr. Savoie seconded by Mr. Oubre to dispense with the minutes of last month. All members were in favor. Motion passes. Any old business to discuss? No one responded. Okay, we are going to go right on to new business. To consider a request by Thomas Champagne on behalf of Salon Aleurier to be granted a variance for 3 off street parking spaces required for proposed one operator salon to be located at 604 Canal Boulevard (R-3 Zoning District). Mr. Tortorich recognizes Thomas Champagne. Mr. Champagne stated he lives at 24 Asphodel Ave. in Houma. Mr. Champagne stated the variance request is for a business that we were planning to open here in Thibodaux, it s a hair salon. It s located on Canal Blvd. It s a building we re potentially looking to lease from Mr. Timmy Boudreaux. This building has been used commercially for other things. I believe it is in an R-3 zone. I m not sure exactly sure what it s been used for in the past. I know a photography studio as well as a blood center at one time I believe. There s approximately four places along one side of the building, parking places on one side of the building on Canal Blvd. and on the other side it borders Green St. which has about 3 or 4 parking spaces as well, and so we are asking for a variance because there is absolutely no place to have any on site parking. The building occupies the whole lot. Mr. Tortorich stated ok, it is obvious you can see your situation that you re in, where the building is. Nathan do you have any questions? Mr. Oubre replied no questions. Mr. Tortorich asked Gary? Mr. McNeal stated no. Mr. Savoie asked how many chairs and how many cars do you anticipate? Mr. Champagne stated it s two sir, we applied for two. Ms Maggio stated it just said off street parking and I just thought it was only one operator, but when he told me after it was two I had already made my signs and everything, but on his application he has for off-street parking blank, no operators. Mr. Savoie asked so theres no, it could be one car or twenty? Mr. Champagne stated it s two operators. We have two rooms and we purchased equipment for two operators. Mr. Tortorich stated ok, I guess what we are trying to get out is how many customers you think you ll have at one time? I mean are we looking at tanning salon, nails? Mr. Champagne replied no just hair, just hair and at this time we only have one operator. We are planning for two. We are planning for two but we only have one at this time. So, two and at the most they d have at any time is 1-2 clients at a time. Mr. Tortorich replied ok, ok. Is there anyone in the audience that would like to come up and speak on this issue? No one responded. Mr. Tortorich stated ok. Do I have a motion? Mr. Savoie stated I make a motion. Mr. Tortorich replied ok. Mr. Savoie stated I make a motion we accept it. Mr. Oubre stated I second it. Mr. Tortorich stated we got a motion to accept a variance of, to grant them the off street parking. Mr. Price replied correct, that s what I want to clear up, just grant them a variance for off street parking completely. Mr. Tortorich repeated off-street parking

2 completely. Mr. Price stated now you can put restrictions if you want to limit how many chairs. Mr. Tortorich stated that s correct. I have a motion made by Bo, seconded by yes sir? Mr. McNeal asked you said you can make restrictions to just two seats? Mr. Price stated the Board can restrict it how they want to restrict it. Mr. McNeal stated it doesn t matter. We made the motion just without limiting to two seats. Mr. Tortorich stated ok, the motion was made and it was seconded, ok. So I have a motion that we grant the off-street parking it was made by Bo seconded by Nathan. All members were in favor. Motion passed. Mr. Tortorich stated thank you. Mr. Champagne replied thank you all very much. To consider a request by Troy Barrilleaux of Barrilleaux Properties, LLC to vary 2 from each side yard setback requirement of 5 in order to be able to place modular home on lot located at 930-C Henderson Street (R-2 Zoning District). Mr. Tortorich stated Troy would you like to come up? Let me first of all, the paper says a 2 setback but on the request paper it says a 3 setback on each side. Do you all see what I am talking about there? Mr. Price stated no the paper is saying a 2 variance. It s a variance, so it gives them 3 feet. Mr. Tortorich replied oh it s a 2 variance, so 3. He s looking for 3 feet. Mr. Price stated no he s looking for two. Mr. Barrilleaux and Ms. Maggio agreed two. Mr. Tortorich asked he s looking for two feet either side? Mr. Barrilleaux stated yes sir. Mr. Tortorich stated ok, state your name and address for the record please. Mr. Barrilleaux stated Troy Barrilleaux, Barrilleaux Properties 156 Blossom Court, Thibodaux. Mr. Tortorich asked ok, what are you looking for Troy? Mr. Barrilleaux stated 2 variance on each setback on each side of the modular home. It s a newly constructed modular home that meets all of the required building codes. It s been looked at by through Leonard Chauvin and I think Mr. Errol Price has also looked at the plans which meet the codes. So we re just simply asking for the 2 setback. Mr. Tortorich stated ok. It s also stated that you own the property on one side of it but not the other side. Mr. Barrilleaux stated I own on the left side and also in the back, I own that property as well, just not the right side, that s correct. Mr. Tortorich stated ok, and it s just a mobile home? Mr. Barrilleaux corrected a modular home. Mr. Tortorich repeated modular home, ok. Nathan? Mr. Oubre stated no questions. Mr. Tortorich stated Gary? So the lot is also yours where the mobile home is up? Mr. Barrilleaux stated yes sir, it s not my mobile home. The mobile home that s on there s been there when I bought it eight years ago. It s an elderly lady, and we re trying to get Mr. McNeal asked so it s occupied? Mr. Barrilleaux stated yeah she s renting the lot from me. Mr. Savoie asked you looking to put the modular home on there to rent, or? Mr. Barrilleaux stated yes sir. Mr. Tortorich stated Marshellia, no questions? Ms. Thompson stated no questions. Mr. Tortorich stated Bo? Mr. Savoie asked Troy even with the 2 setback your neighbor on the right hand side, which is, you don t own that property? Mr. Barrilleaux stated no sir. Mr. Savoie asked he has nothing, and the house is quite a few feet away from the property line? Mr. Barrilleaux stated I m sure it s about 5 from his, from the property line to the next wall. Mr. Savoie stated ok. Mr. Tortorich asked is there anyone that would like to come up and speak about this property on 930-C Henderson St? No one responded. Mr. Tortorich stated ok, do I have a motion? Mr. Savoie stated I make a motion we accept it. Mr. Tortorich stated ok we are making a motion, let me get this straight. The motion is to accept a 2 variance? Mr. Price stated 2 variance. Mr. Tortorich stated a 2 variance, not on the back but just on the right and the left. Mr. Price added side. Mr. Tortorich repeated side. I have a motion on the board for a 2 variance on the right and left side. I have a seconded by, I m going to get your name correctly, Marshellia. Ms. Thompson stated that s good. Mr. Tortorich replied thank you. All members were in favor. Motion passed. To consider a request by Maurice Southall of Williams Southall Funeral Home, Inc. to vary 9 from front yard setback requirement of 20 to be able to re-construct covered carport at 1204 Cleveland Street (R-2 Zoning District). Mr. Tortorich stated can someone from the funeral home step up please? Mr. Trosclair stated I don t think Mr. Southall is here. Mr. Tortorich stated ok. Mr. Trosclair stated he had called me and asked me if I could come by just to Mr. Tortorich stated please state your name and address for the record. Mr. Trosclair stated Teddy Trosclair, 100 Davis Dr. Thibodaux. Mr. Tortorich stated how you doing Teddy? What s going on here? Mr. Trosclair stated we had an existing cover already in that same exact location which came down with a bad thunder storm I think that came through. Basically what we re doing is replacing it, same size cover

3 going up in the same exact spot that it was on the building before. I think what happened is, I got with Roland and them. I think there was zoning that was redone over there because this building, this cover doesn t even stick out pass this building as far as going towards the road. Ok, so I think the zoning was redone which now it s not grandfathered in for him to go back with this cover where the original cover was already at. Mr. Tortorich stated I was asking before the meeting, so I understand now it s going to go not past the front of the main building. Mr. Trosclair stated no. Mr. Tortorich stated and there was obviously a cover there before. Mr. Trosclair stated yeah that fell down. Mr. Tortorich stated I don t want to put words in your mouth but I think Katrina may have knocked it down. Mr. Trosclair stated no actually I think that last bad weather that we had, I don t know if it was Gustav or just recently it came down. I think it just came down recently to tell you the truth because Mr. Price stated I was told it was Katrina. Mr. Trosclair asked was it? Mr. Price stated that s what I was told. Mr. Trosclair stated well maybe so, I don t know. Mr. Price stated there is an 18 month grandfather clause, but the information that I received, because I tried to give it to him with the grandfather clause, he said no it s been since Katrina. It was years, that how come, I m just following what I was told. Mr. Trosclair stated alright I might be mistaken but I really think, I thought we went tear that thing down and it was laying down and got it out the way, but I don t know. I could be mistaken; I was out of town. Mr. Tortorich stated ok, Nathan would you like to add anything? Gary? Marshellia? Bo? No one responded. Mr. Tortorich asked anyone from the audience? Mrs. Corinne Anderson stated I live right across the street and the roof just fell down a couple months ago. It wasn t that long ago. It was there. Mr. Anderson added when they had that tornado that came through. That hard wind it knocked it down. Price stated like I said I m just following what somebody told me so, I trusted them. Mr. Trosclair stated you got me crossed on that one, I could swear we went tear it down. I was in Biloxi and he called me to go get it out of there. Mr. Price stated when I went out there to stop the construction cause no permits that Teddy and all was working out, that s when I was told on the site that, they saying it was been down, and I asked them when and they said Katrina, cause I knew they had an 18 month grace period so that s what I went by. Mr. Tortorich asked Constance, you know that to be a fact also? Councilwoman Johnson stated certainly. It s recent. It is not since Katrina. Mr. Price stated well I got the wrong person I talked to. Mr. Trosclair stated must have been I don t know. Mr. Tortorich asked what do you want to do with that? Mr. Price stated you can withdraw it from Mr. Tortorich asked so you going to let it go, or? Mr. Price stated yes, definitely. Mr. Tortorich stated do we need to vote on that? Mr. Price stated no, definitely if I have some witnesses that, that s fine. The neighbors back it up saying, I guess you could ask if anyone in the audience is here to talk against it. Mr. Tortorich asked yes, is anyone in the audience here to say otherwise? No response. Mr. Tortorich stated no, ok. Mr. Price stated I don t have a problem with it. We got to issue a permit for it or something. Mr. Trosclair stated alright. Mr. Price stated I want to go back and look at the name of who I talked to. Mr. Trosclair stated yeah really, huh? Because if I would have known that I would have said whoa we just tore this thing down. I could have sworn because he had a funeral coming up and said can you come get it out my way. He said it s in the way. Mr. Price stated that s fine. Mr. Tortorich stated thank you, Teddy. To consider a request by Anthony & Corinne Anderson to vary 3 from side yard setback requirement of 5 to be able to keep storage building already in place at 1203 Cleveland Street (R-3 Zoning District). Mr. Tortorich stated you all are definitely next door to the funeral home. Ok, go ahead and state your case. Mr. Anderson stated ok we had a shed put next to the trailer, and they said it was against the fire ordinance and that we had to move it. Our ordinance I think is something like 3 then 2 then 3. Mr. Oubre and Mr. Tortorich stated from the trailer. Mr. Anderson replied yes. Mr. Tortorich stated ok. Mr. Price stated they actually have two issues. What brought this up was, they brought in a shed and to have the 5, correct me if I m wrong Roland, to get that 5 variance from the side yard the shed is 3 or less from to the house which the building code don t allow. So he needs to move the shed away from the house, but then he has a problem with the side yard setback. So that s why he s asking for a variance for the side yard setback. Mr. Tortorich asked so if he moves it, he needs a variance from the property line on the right? Mr. Price and Mr. Soignet stated correct. Mr. Tortorich asked and if he leaves it where it s at Mr. Price stated he can t leave it where it s at according to the building code. Mr. Soignet stated he can t

4 leave it where it s at. He has to have 5 clearance between the trailer and the shed. That s a building code and it s fire safety. Mr. Tortorich stated ok, let s get it straight again. He has to move it. So the variance is after he moves it, the variance is for that setback not the one where it s at right now. Mr. Price stated that s correct. Mr. Tortorich asked Mr. Anderson is that correct sir? Do you understand what I just asked you? Mr. Anderson stated yes, I understand. Mr. Tortorich stated he said it has to be moved and once you move it you are going to need a setback from the side. Is that correct? Ms. Maggio agreed. Mr. Tortorich stated I understand that. Um, Nathan do you have any questions? Mr. Oubre stated no. Mr. Tortorich stated Gary? Mr. McNeal asked so actually it s going to be that the back of the shed is 3 from the property line, is what I m understanding correct? Mr. Price stated the wall of the shed would end up three feet from the property line, let me make sure, two feet from the property line. Mr. Soignet stated 2 and the shed would be 5 from the trailer. He would still have more than 5 from the neighbor s house. I went measure myself. He would have almost 10. Mr. Tortorich asked no questions guys? Marshellia? Bo? Mr. Savoie responded no. Mr. Tortorich stated well I can see that the roof line would not be putting water on the neighbor s yard. All the water would be coming on your yard the way it is built. Do we have anyone who would like to come up and speak about the property on 1203 Cleveland Street? No one responded. Mr. Tortorich stated ok. Do I have a motion to give them a variance of 3? Mr. Price stated 3 variance. Mr. Tortorich asked do I have a motion for a 3 variance from side yard set backs. Mr. McNeal stated I make a motion, I don t see any problem with the distance on both sides, I make a motion. Mr. Tortorich stated ok I got a motion made by Gary. Seconded by Marshellia, sorry. All members were in favor. Motion passed. Mr. Anderson stated thank you. To consider a request by Greg and Tiffiny Drinkwater to vary 6.33 from rear yard setback requirement of 10 & to vary 2.17 from side yard setback requirement of 5 to be allowed to keep aluminum awning that was already constructed and to close in rear of carport for storage shed at 105 Ellington Drive (R-1 Zoning District). Mr. Tortorich stated how are you doing ma am? State your name and Mrs. Drinkwater stated Tiffany Comeaux Drinkwater, 105 Ellington Drive in Thibodaux. Mr. Tortorich stated ok, what are you trying to do? Mrs. Drinkwater close in our back part of our awning for storage for, I have 4 boys for their bikes and like was stated all their sports equipment and also I have, we re paying $75 a month for a storage shed for my husband items, he was killed in action, and I want to not have to pay $75 a month to store his things at my house. Mr. Tortorich stated ok. Mrs. Drinkwater said basically like I said storage because I m paying $75 a month for storage for the past like 5 years. Mr. Tortorich asked can you come up for a second please? Mrs. Drinkwater replied yeah. Mr. Tortorich stated we have a picture here show me what you want to close in. Mrs. Drinkwater stated it s all the way to the back. Mr. Tortorich asked so it s not this area right here? Mrs. Drinkwater stated no it s only, how far is it from the back? From the back, like from the back part of it what s going to be the rear of it? It comes up what 10? Mr. Naquin stated about 10 then 14 and then you got the boat. Mrs. Drinkwater stated 10 from the rear is the back of the shed, it s all the way in the back. Mr. Tortorich stated it s all the way in the back? Mrs. Drinkwater replied yeah all the way to the back you can still fit cars in the front. It s all the way to the back. Mr. Tortorich asked and you re not going to be running a business out of there? Mrs. Drinkwater stated no, no like I said I m paying storage for a month in Thibodaux for items and I m basically working for. Mr. Price stated I d like to interrupt a minute please. The variance is not for closing the walls. The variance is because her side-yard setbacks the awning is put up too close to the property line. Mrs. Drinkwater stated oh for the awning itself. Mr. Price stated you don t need a variance to close the walls. Mrs. Drinkwater asked oh ok so the actual awning itself? Mr. Price stated the variance is for the roof that is too close to the property line. Mrs. Drinkwater stated oh ok, alright, well that s what it s for. Mr. Price stated she s 34 from the property line to the edge of the awning right now. Mrs. Drinkwater replied right. Mr. Price stated and she needs to be 60. Mr. Tortorich stated let me get this straight, a variance of 6.33 from rear setback that s usually a requirement of 10 and a variance of 2 from side-yard setback requirement also 5. So we would be looking at giving her 4 in the back. What s on the back of Ellington? What do you have in the back of you is it houses, ditch? Mrs. Drinkwater stated a fence and Webre St., the houses to the back of me on Webre St. Mr. Tortorich stated ok. Mrs. Drinkwater stated yeah just a 8,6,8 fence and then our neighbors to the back, and to the right is a fence and neighbor there. Mr.

5 Tortorich stated let me ask you another question I know that there s codes probably in your subdivision so the roof line and everything will match? Mrs. Drinkwater asked what does that mean? I m sorry. There the ones that did my umm Mr. Price stated it s actually already up, they already have it up. She s here to ask for the variance after. She didn t realize it. Mrs. Drinkwater agreed. Mr. Price stated so we re sending her to the board of adjustments, the awning that you see is actually already up. Mrs. Drinkwater stated it was up and about 2 weeks after they had stopped. Mr. Price stated see right here, this is her property line right here. She only has 34 from here to here. This is already up. She wants to close this in, but this shouldn t have been built to start off with. This should have gone down here. So she s asking for a variance now of Mrs. Drinkwater stated for the awning. Mr. Price stated for the awning correct, and in the rear the same way. Mr. Tortorich stated wait. It s not for the building. Mrs. Maggio stated no. Mr. Tortorich stated we are giving a variance for the awning what I m looking at right here. Mrs. Drinkwater stated for the awning. Mr. Price stated if you give a variance for the awning then she can put the wall up. Mrs. Drinkwater stated ok, I didn t know, what that was. Mr. Price stated no that s fine. That s fine. Mrs. Drinkwater stated because the awning was already up and then 2 weeks later, they stopped when they started putting up the back. Mr. Tortorich stated the variance is not for the building. Mrs. Drinkwater stated ok, I didn t know how to word it. Mr. Price stated it s for the awning. Mrs. Drinkwater stated for the awning. Mr. Tortorich stated it s for the metal awning that I see right here in front of me? Mrs. Drinkwater stated yes to park vehicles. Mr. Price stated correct. Mrs. Drinkwater stated and then it will be closed. Mr. Tortorich stated so you re not draining on your neighbors property? Mrs. Drinkwater stated no not that I, no. Mr. Price stated no. Mr. Tortorich stated see you got spouts going down I can see that too. Mrs. Drinkwater agreed. They have gutters going down. It s actually helped, we had problems with drainage on our right and it s actually helped with our drainage going down to the front. Mr. Tortorich stated ok, let me just, let me ask Nathan do you have anything to ask? Mr. Oubre stated no, I don t think I do. Mr. Tortorich asked Gary? Mr. McNeal stated so actually looking at this photo right here with this trailer, are you all going to close this side in? Mrs. Drinkwater stated no it s going to be all the way to the back, it s all the way to the back. Like 10 from the back. I can still fit 2 vehicles underneath the awning like front to back, and then it s going to be in the back, from the back of the property line to the back of the property line. Mr. Soignet stated if you look close in the back you can see the studs. The walls studded up. Mrs. Drinkwater stated yeah you can see through the back; you can see the studs all the way to the back. Mr. Tortorich stated yeah I do see that yeah. Mr. Soignet stated it s far to the back. Mrs. Drinkwater stated we actually have I think 2 vehicles, a Dually and a something else parked in the front of it. Mr. Tortorich stated ok. Marshellia? Ms. Thompson stated no questions. Mr. Tortorich asked Bo? Mr. Savoie stated I m stuck right here. Can you come up here? Mrs. Drinkwater stated no I don t mind. Mr. Savoie stated this awning, this is your neighbors fence? Mrs. Drinkwater stated that is part of my fence also. Mr. Soignet stated the neighbor s fence is the tall fence. Mrs. Drinkwater stated I have part of, I m trying to see, can you tell in the picture where the fence is? Mr. Soignet stated the tall fence is the neighbor s fence. Mrs. Drinkwater stated the tall fence is the neighbor s fence. You probably can t see because of the shadow on the backdrop. Mr. Savoie stated ok, ok. Mrs. Drinkwater stated but I have short and then it starts tall. I think we have 4, it s 4 or 3 slats wide. Mr. Savoie asked so it s a foot and a half? Mrs. Drinkwater stated I m guessing yeah, whatever, I don t know the standard of the fence boards. This is the short and that s the tall right there. Mr. Savoie stated ok so your property lines about right there huh? Ok. Mr. Tortorich stated I don t understand the back now. Mrs. Drinkwater stated it s weird, even when he came to measure the awning, that s not where, I didn t build the house I bought it like the year of Katrina, and I know he, it was... The Lab-a-Daux representative, Mr. Scott Naquin stated the house is not square to the property line. Mrs. Drinkwater repeated the house is not square to the property line because he was having problems with getting my awning. He had to reorder everything. Mr. Naquin stated what happened with the awning situation is we had a miscommunication. She called the land developer of the subdivision, developer J.B. Levert Land Company, and I didn t realize that and she said they had an okay with it. We went up with the top from there, which I should have gotten more detail of what communications, of what was actually said, what was to be done with the patio top. It was said that it was fine to put it up, but from the land developer, J.B. Levert Land Company. Mr. Tortorich stated ok, do we have anyone in the audience that would like to come up

6 and speak about this. Just state your name. Ms. Patton stated my name is Emily Patton I live at 104 Ellington Dr right across the, directly across the street from the address in question. Mr. Tortorich stated yes ma am. Ms. Patton stated first of all I don t think it s an awning; it s a carport. Right now there s a boat and I think a golf cart plus three or four vehicles and assorted bicycles underneath it, and I understand that, I m thinking from what I m hearing the variance is for closing in the back for storage? Mr. Price stated the variance is for the side next to the neighbor to the right. The variance is for the awning from the side property line. Ms. Patton ok because it s too close to the property line? Mr. Price stated correct. Ms. Patton stated ok, I was told when I called about this that this was built without a permit? Mr. Price stated yes ma am. Mr. Price stated now keep it right though, yes they started it, they put it up without a permit. They have the right to come and apply. It s something that we can see. They can submit us the information from the engineers so they could actually obtain a permit legally because it s just after the fact but it s nothing hidden. Ms. Patton stated ok. Mr. Price stated so we could, if they give a variance we could issue them a permit. If they don t give a variance and they want to cut off just what s missing, we could still give them a permit. Ms. Patton stated ok. Mr. Price stated the permit is not the issue. Ms. Patton stated then according to the Rienzi subdivision bylaws, whatever, it s, structures are supposed to be wood, stucco, vinyl or brick, and I understand this is aluminum? Mr. Price stated the city cannot enforce subdivision regulations. That is a civil matter. The city has no control over what goes into a subdivision as far as construction. That s the developer that decides that. Ms. Pattion stated and ok well. I just, my question is basically aesthetics more than anything else because it s not an awning it s a carport, and it s open. I m and some of my neighbors have talked about it and we are just concerned about the high winds, and the susceptibility of wind getting up under there because it s not an enclosed structure. It s an open carport. Mr. Price stated when we issue a permit, the engineer; I think it s Mr. Teddy is putting it in, Lab-a-Daux. They will submit us engineer drawings. It tells them how to anchor it down and it will be rated for at least 120 mile an hour winds. Yes, that s our job. We enforce that. Ms. Patton ok, well I just wanted to come on record and give you my concerns. Thank you. Mr. Tortorich stated thank you ma am. Mrs. Drinkwater stated we rode around the neighborhood and there s about half the houses in the neighborhood have the same awning on their sides of their property, so we had called, Greg called Mr. Tortorich stated can you come up please? Mrs. Drinkwater stated I m so sorry. Greg had called, my husband had called. I don t know who he spoke to in the big building to the back in the back of ED White. That s where we went back there. I think that s who he called I m not sure, to see if we could put an awning, and at first they told us no. Then they called us back and said oh we thought you were in the back part where those big houses are with the pond because I think they are in a Homeowner s Association or something like, I m not sure. They said no we were allowed to put awning in the neighborhood, and there are several houses in the neighborhood with awning, with boats and different things. Carport, awning I don t know what the term is. Mr. Naquin stated I m not sure, I think it was Andy that he talked to or someone else at J.B. Levert Land Company. Mrs. Drinkwater stated yeah, I m not sure who. He s offshore. Mr. Naquin stated they said it was fine. Which, like you said, if you ride through the neighborhood, there s every other house has a top on it. Mr. Tortorich stated let me say this. I also live in the neighborhood, and I also agree with you all. I do see half the houses with this. I also agree with the lady that spoke saying you can have an awning but it has to be brick. Now who s enforcing it? No one, ok? That s why you see half the houses with it, and that s why you see this lady coming up going well when I built here we had a building code, this is what. If you notice we are not supposed to have signs in the neighborhood during election time. Every now and then, I ll see a sign go up and I kind of close my eyes, but she s right. It should have the roof, that s why I asked about the roof line earlier to see if the roof line, that s another thing. The roof lines have to match. I know that there are restrictions, but in this case, I m not looking at what is supposed to be rules of a subdivision. I m looking at do I give you a variance for 3, roughly 3 feet. That s all I m looking at here. I understand your complaint, and maybe you need to find out who s giving the information to allow this. You know what I m saying? Because I understand where, and it should be your concern and it s my concern too, because we don t want, no one wants property value to go down around their house, and I think that s where she comes in as the concerned neighbor. I think in any neighborhood when we have people that come forth they re always concerned about property value. Will this make the value of my home go down? Now, I m

7 not going to lie, it does look nice. It is not in subdivision code, but we re not here to determine that. I want you to understand that. Ms. Patton stated oh I understand. Mr. Tortorich stated we re just here to determine whether or not we are going to see if there s a draining issue or if there s a fire, can the fire department get back there to put out a fire, or will this structure prevent more damage. Now if we tell them, ok if we come here and say you can t have it, I m just telling you this. Then, Teddy I m sure is skilled enough to cut it back 3 to make this work and they can go on with business. So if you came here today looking probably for this to be torn down, I m going to tell you chances are ma am it won t be, and they are correct. Everyone in half the subdivision has it. Mrs. Drinkwater stated we were going to build a brick, add a garage, but we couldn t because it was in, foundation I think to the ground you need 50% of your property can t be, so we couldn t. Mr. Tortorich stated correct. Mrs. Drinkwater stated it s something like that. I don t know what the rule is, and so much of your property that has to be, that can t be structurally to the ground, or something. Mr. Naquin stated that I don t know. That s another thing that s probably with the restrictions of the neighborhood. Mrs. Drinkwater stated yeah so we stuck with the neighborhood, so we couldn t do a brick garage. Mr. Tortorich stated ok so what I m going to ask the board, do I have any other questions on this? What I m going to ask the board is do we have a motion? Mr. Oubre stated I have a motion that we accept it. Mr. Tortorich stated ok, I have a motion to accept the variance of, help me out Errol. Mr. Price stated you can actually round it off. It can be a variance of 3. Mr. Tortorich stated 3 and 6, 3 and 6? Mr. Price stated I think it s 3 and 6. Mr. Soignet stated yeah it s 6 from the back. Mr. Price stated yeah it s close enough. We re playing with the tenths. They got it down Mr. Tortorich stated they got it down to the tenths. Mr. Price stated but no you can round it off. Mr. Tortorich stated motion made by Nathan, do I have a second? Ms. Thompson stated I second. Mr. Tortorich stated seconded by Marshellia. Mr. Oubre, Ms. Thompson, and Mr. Tortorich stated they were in favor. Mr. McNeal and Mr. Savoie stated they were not in favor. Motion passes. Mr. Naquin stated thank you. Mr. Tortorich stated thank you. Are there any other matters to be brought up to this board this afternoon? No one responded. Do I have a motion to adjourn? Mr. McNeal said I make a motion to adjourn. Mr. Tortorich stated motion to adjourn by Gary. Mr. Oubre stated seconded. Mr. Tortorich stated seconded by Nathan. All in favor? All members were in favor, meeting is adjourned.