[I. Call to order]
[00:00:08]
WELCOME TO THE BCA MEETING. THE MEETING. FIRST ITEM ON THE AGENDA IS THE CALL TO ORDER.
CLERK WE HAVE THE ROLL CALL, PLEASE. SEAN. PRESENT, MR. JACOB. PRESENT. MISS SAMUELS.
PRESENT. MISS BRIGGS, MR. WOOD. COUNCIL MEMBER. SHULL. THERE ARE THREE VOTING MEMBERS
[III. Action on minutes]
PRESENT. WE HAVE A QUORUM. OKAY. THANK YOU. THE NEXT ITEM ON OUR AGENDA IS ACTION ON THE MINUTES DATED JULY 27TH, 2026. AND I DO BELIEVE I DID SEE ONE UPDATE TO THOSE THAT WAS MADE. YEAH.REGARDING THE ATTENDANCE. OKAY. ALL RIGHT. THANK YOU. WITH THE ADDITION OF THE UPDATE, I MOVE TO ACCEPT THE UPDATE AND ACCEPT THE MINUTES FROM THE JULY 27TH BCA MEETING. I'LL SECOND. MR. JACOBS. YES, MISTER. YES. MISS. SAMUELS. YES. THE AYES HAVE IT. THE MOTION PASSES WITH ALL
[IV. Additions or corrections to the agenda]
VOTES TO APPROVE THE MINUTES AS CORRECTED. OKAY. THANK YOU. NEXT ITEM ON OUR AGENDA IS ADDITIONS OR CORRECTIONS TO THE AGENDA TONIGHT. SO NO ADDITIONS OR CORRECTIONS. OH, SORRY.SORRY. NO, I'M. I'M NOT USUALLY OVER HERE. OKAY. THANK Y DO WE HAVE ANY GUESTS WHO WILL WISH TO SPEAK TONIGHT? OKAY, MAN, WE HAVE TO SWEAR YOU IN. SO IF YOU COULD STAND UP TO THE MICROPHONE, STATE YOUR NAME, RAISE YOUR RIGHT HAND. STATE YOUR NAME. MANA. MANA. OKAY. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH, I DO. OKAY. THANK YOU. YOU CAN HAVE A SEAT. ALL RIGHT. COME ON IN. KEVIN. ENGLISH. HEY, KEVIN. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH, I DO. OKAY. THANK YOU. ANYONE ELSE TONIGHT? OKAY. WE HAVE THREE
[VI. Cases]
CASES ON THE AGENDA TONIGHT. VARIANCE 5420264678. CAVENDISH COURT GARAGE SETBACK. VARIANCE.COULD WE HEAR THE STAFF REPORT, PLEASE? YEAH. GOOD EVENING, BOARD MEMBERS. SO THIS VARIANCE APPLICATION IS FOR A GARAGE EXTENSION THAT IS PROPOSED TO ENCROACH INTO THE REQUIRED 30 FOOT REAR YARD SETBACK BY 7.5FT. AND THE IN PROPOSED TO ENCROACH INTO THE TEN FOOT SIDE YARD SETBACK BY ONE FOOT. THE SITE IS HIGHLIGHTED HERE IN RED ON THE EAST SIDE OF CAVENDISH COURT. SO HERE ARE THE DUNCAN FACTORS AND VARIANCE CRITERIA IN WHICH STAFF EVALUATED THE REQUEST AND BUILT THE REPORT BASED ON THE GIVEN INFORMATION BY THE APPLICANT. ALL OF THE CRITERIA WAS THOROUGHLY EVALUATED IN THE REPORT, BUT I'LL TOUCH ON SOME POINTS THROUGHOUT THE PRESENTATION. SO HERE'S THE PROPOSED SITE PLAN. THE RED BOX HERE INDICATES THE PROPOSED EXTENSION. THE R3 ZONING DISTRICT HAS DEVELOPMENT STANDARDS FOR SETBACKS IN THE IMMEDIATE AREA, AND THESE SETBACKS CONSIST OF A TEN FOOT SETBACK FOR THE SIDE YARDS AND 30 FOOT SETBACK FOR THE REAR YARDS. THE ADDITIONAL SQUARE FOOTAGE FOR THE GARAGE IS APPROXIMATELY 240FT■!S. THE APPLICANT IS REQUESTING TO ENCROACH INTO THAT 30 FOOT REAR YARD SETBACK BY 7.5FT AGAIN, AND ENCROACH INTO THE TEN FOOT SIDE YARD SETBACK BY ONE FOOT.
THE PROPOSED GARAGE EXTENSION, AS STATED BY THE APPLICANT, IS PROPOSED TO PROVIDE EXTRA SPACE FOR AN ELECTRIC VEHICLE AND LANDSCAPING EQUIPMENT STORAGE. SO HERE ARE THE RENDERINGS OF THE PROPOSED STRUCTURE. ADDITION. THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD NOT SUBSTANTIALLY BE ALTERED ALONG THE ROADWAY. HOWEVER, IT COULD CREATE IMPACTS ON ADJOINING PROPERTIES, INCLUDING SEPARATION, VISIBILITY OR THE RELATIONSHIP OF THE ADDITION TO THE REAR AND SIDE YARDS. AS THE PROPERTY STANDS TODAY, IT CAN BE BENEFICIAL, CAN BE OF BENEFICIAL USE BY THE HOMEOWNER WITHOUT THE VARIANCE, AS THE LOT CURRENTLY HAS AN EXISTING HOME AND GARAGE. THE REQUEST SEEMS TO HAVE A MINIMAL IMPACT.
HOWEVER, THERE ARE NO PREVIOUS PRECEDENTS OF A GARAGE EXTENSION IN THE IMMEDIATE AREA THAT HAS BEEN APPROVED INTO A REAR AND SIDE YARD SETBACK, WITH THE SAME ZONING RESTRICTIONS. SO IN SUMMARY, THE APPLICANT COULD RECONFIGURE THEIR PLACEMENT OF VEHICLES ON THE PROPERTY BY UTILIZING THE EXISTING DRIVEWAY FOR ADDITIONAL SPACE FOR THE ELECTRIC VEHICLE IN THE GARAGE. ADDITIONALLY, THE APPLICANT COULD CONSTRUCT AN ACCESSORY STRUCTURE FOR THE LANDSCAPE EQUIPMENT IN THE BACKYARD THAT COULD MEET THE SETBACK, ALLOWING THE GARAGE TO ENCROACH INTO THE SETBACKS COULD POTENTIALLY DISRUPT VISUAL COHESION WITH OTHER LOTS IN THE SUBDIVISION THAT ADHERE TO THE SAME ZONING RESTRICTIONS, THE REQUEST DOES NOT APPEAR TO BE GREATLY APPEAR, DOES NOT APPEAR TO GREATLY AFFECT THE ROADWAY
[00:05:03]
APPEARANCE OF THE NEIGHBORHOOD AS A REQUEST IS AT THE REAR OF THE LOT AND BEHIND THE HOME.THE IN THE TEN FOOT SIDE YARD AND 30 FOOT REAR YARD. SETBACKS APPLY TO ALL LOTS IN THE ZONING DISTRICT, SO I'M HERE TO ANSWER ANY QUESTIONS. I'M NOT SURE IF THE APPLICANT. IS THERE A MOTION TO ACCEPT STAFF REPORT IN THE RECORD. SO MOVED. SECOND MISS SAMUELS YES. MR. JACOBS.
YES. MR. YES. YES. HAVE IT WITH ALL VOTES TO ADMIT THE DOCUMENTS. ARE THERE ANY FOLKS HERE THAT WISH TO SPEAK ON BEHALF OF THIS CASE? OKAY. NOW, ANY QUESTIONS FOR STAFF FROM THE BOARD? NOT REALLY A QUESTION. I WAS HOPING THAT THE APPLICANT OR A REPRESENTATIVE WAS GOING TO BE HERE. SO THERE'S NO ONE REPRESENTING THIS CASE HERE. OKAY.
INTERESTING. OKAY. OKAY. SO I HAVE A QUESTION. SO HAVE WE ALERTED THE NEIGHBORS THAT THIS HAS HAPPENED? WE HAVE. I DID GET A PHONE CALL EARLIER TODAY FROM A NEIGHBOR JUST REQUESTING SOME INFORMATION ABOUT THE VARIANCE REQUEST, BUT NOTHING OTHER THAN THAT. LIKE WHAT KIND OF INFORMATION? LIKE SETBACK RULES. SHE JUST ASKED WHAT THE APPLICATION WAS ABOUT, IF IT WAS GOING TO AFFECT HER LOT AT ALL. AND THAT WAS PRETTY MUCH IT. SHE ASKED TO SEE THE PLANS AND I SENT HER THE THE THE THE PACKET LOCATION ONLINE. SORRY. I FIND IT INTERESTING THAT NO ONE IS HERE WHO'S FILLED OUT THIS REQUEST, BUT HOW AM I GOING TO ASK ANYONE QUESTIONS ABOUT THIS? SO YEAH, THE APPLICANT WAS NOTIFIED WHEN THE BOARD MEETING WAS, YOU KNOW, TO BE HELD. SO IS THIS JUST AN OVERSIGHT ON THEIR PART? WERE THEY DID THEY KNOW THEY WERE EXPECTED TO BE HERE? I MEAN, IT WAS I SENT AN EMAIL OUT SOMETIME LAST WEEK STATING WHEN IT WAS, YOU KNOW, THE BOARD MEETING WAS GOING TO HAPPEN WITH THE REPORT AND THE AGENDA.
SO. ALL RIGHT. WELL, MR. CHAIR, WITH THAT BEING SAID, IF THERE'S NO ONE THAT WOULD LIKE TO SPEAK ON THIS CASE, I MOVE TO ACCEPT VARIANCE. VAR 54 2026 SECOND, MISTER JACOB. NO MISS SAMUELS, NO COMMENT. APPRECIATE THE STAFF'S REPORT. VERY THOROUGH. VERY GREAT OPPORTUNITY FOR US TO SEE THE COMPARISON FOR PRECEDENTS, AS WELL AS SPECIAL CONDITIONS THAT WERE ASSOCIATED WITH ANY PRECEDENTS. AND ALSO, JUST A NOTE ON MY VOTE SPECIFICALLY BECAUSE STAFF PROVIDED TWO ALTERNATIVE OPTIONS THAT WOULD SATISFY THE THE NEED OF THE APPLICANT AND ALSO PRESERVE THE INTEGRITY OF THE CODE. SO, SO JUST SO I'M CLEAR, THERE'S NO PRECEDENCE FOR THIS IN ANY OF THOSE NEIGHBORHOODS. NO, NOT IN THE IMMEDIATE AREA. OKAY. THERE.
OH, SORRY, CAN I WE'RE VOTING. YEAH, SURE. MR. I'M GOING TO SAY NO. OKAY. AND IF IF MISTER JACOB AND MISTER COULD EXPLAIN YOUR RATIONALE FOR THE RECORD THAT, YOU KNOW, GO AHEAD. SORRY.
YEAH. I WAS GOING TO TO BE HONEST, MISS SAMUELS, I CAN I CAN SECOND HERS BECAUSE AND I DON'T MEAN TO MAKE LIGHT OF MY NO VOTE BECAUSE I, I DO TAKE THIS SERIOUSLY, BUT I THE FACT THAT IT SEEMED THAT SHE AND I WERE ALIGNED ON STARTING WITH THE PRESIDENT, MOVING ON TO THE OPTIONS THAT WERE GIVEN TO THE APPLICANT FOR ALTERNATIVE APPROACHES TO US, AND THAT I DID NOT BELIEVE THAT THIS HIT THE LEVEL OF. I THINK THIS WAS A SUBSTANTIAL SETBACK AND DID NOT MEET THE CRITERIA I WAS LOOKING FOR FOR TO HIT THAT SETBACK, VARIANCE AND I. I'LL JUST PILE ON. SO, YOU KNOW, THE THE PEOPLE ARE NOT HERE TO, TO DEFEND THE REQUEST. AND, YOU KNOW, I HAVE QUESTIONS AND MAYBE MAYBE IT'S JUSTIFIED. I DON'T KNOW, I DON'T I CAN'T ASK THEM QUESTIONS. SO BUT BUT ALSO THERE ARE ALTERNATIVES TO WHAT THEY'RE DOING TOO. SO. THAT'S WHY I'M GOING NOW. OKAY. THANK YOU. OKAY. OKAY. SECOND CASE ON OUR AGENDA IS VARIANCE 55 TO 0 266839 CEDARBROOK PLACE SETBACK VARIANCE. COULD WE HEAR THE STAFF REPORT, PLEASE. YES. ALL
[00:10:04]
RIGHT. SO JUST LOOKING AT THE MAP HERE, THE PROPERTY IS LOCATED WITHIN SECTION FOUR OF THE CEDARBROOK NEIGHBORHOOD. THE HOUSE IS DIRECTLY NORTH OF WALTON PARKWAY AND EAST OF 605.THE LOT IS SURROUNDED BY SIMILAR SIZED AND SIMILARLY SIZED RESIDENTIAL PROPERTIES ON THREE SIDES IN THE CEDARBROOK NEIGHBORHOOD, AND BACKS ONTO A TREE BUFFER BEFORE THE WALTON PARKWAY PARKING LOT. AS JAY MENTIONED BEFORE, JUST LISTING OUT THOSE DUNCAN FACTORS IN VARIANCE CRITERIA AS LAID OUT IN THE STAFF REPORTS. AND I'LL JUST REFERENCE THOSE THROUGHOUT OUR PRESENTATION TODAY. SO LOOKING AT THE REQUEST, THE EXISTING HOUSE DOES COMPLY WITH APPLICABLE 20 FOOT SIDE YARD SETBACK REQUIREMENT FOR AN R-1 DISTRICT, AND THE APPLICANT IS PROPOSING A TWO SEPARATE ADDITIONS, ONE ON THE EAST AND ONE ON THE WEST SIDE OF THE HOME. THE PROPOSED GARAGE EXPANSION DOES NOT ENCROACH INTO THE REAR YARD OR SORRY, THE SIDE YARD SETBACK, SO THE REQUESTED VARIANCE APPLIES ONLY TO THE PROPOSED BEDROOM ADDITIONS ON THE WEST SIDE OF THE HOME, OUTLINED HERE IN RED, AND THEY ARE ASKING TO ENCROACH SIX FEET INTO THAT 20 FOOT YARD, 20 FOOT SIDE YARD SETBACK. LOOKING AT THE SITE PLAN, ON THE LEFT IS THE EXISTING HOME, AND ON THE RIGHT IS THE PROPOSED ADDITIONS. AS SEEN HERE. IT IS POSSIBLE THAT THE APPLICANT COULD MINIMIZE THE PROPOSED DESIGN BY A MINIMUM OF SIX INCHES. IN ORDER TO STAY OUT OF THE REQUIRED SETBACK, THE APPLICANT COULD ALSO EXTEND TO THE REAR OF THE PROPERTY IF THE SPACE WAS NEEDED WITHOUT GOING INTO THE REAR YARD SETBACK. THERE'S ABOUT 150 TOTAL FEET OF THE REAR YARD, AND THEY HAVE TO BE AT LEAST 50FT AWAY FROM THAT BACKYARD, SO THERE'S ROOM BACK THERE TO WORK WITH. LOOKING AT THE ELEVATIONS, THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD NOT BE SUBSTANTIALLY ALTERED IF THE VARIANCE WOULD BE GRANTED, BECAUSE THE REQUESTED REQUESTED ENCROACHMENT IS LIMITED TO APPROXIMATELY SIX INCHES. THE WEST SIDE OF THE HOME, AN ADEQUATE SEPARATION WOULD STILL REMAIN BETWEEN THE ADDITION AND THE NEIGHBORING PROPERTY, AND THE APPLICANT HAS SHOWN THAT THE ADDITION WILL BE OF THE SAME DESIGN AND STYLE AS THE EXISTING HOME, SO IT WOULDN'T STAND OUT MORE. OVERALL. THERE'S JUST THERE ARE NO SPECIAL CONDITIONS OR CIRCUMSTANCES TO THE LAND INVOLVED. WHILE THE PROPERTY IS ZONED R-1, THE LOT ITSELF IS SLIGHTLY SMALLER, SMALLER IN SIZE AND NARROWER THAN THE CURRENT R-1 STANDARDS. HOWEVER, BECAUSE IT'S OFFICIALLY IN THE R-1 DISTRICT, THOSE STANDARDS, SETBACKS AND DISTRICT REGULATIONS STILL APPLY, AND THAT IS FOR ALLOR ALL OF THE CEDARBROOK NEIGHBORHOOD, NOT JUST THIS SPECIFIC LOT. THERE ARE NO SIMILAR VARIANCES THAT HAVE BEEN REQUESTED IN THE SURROUNDING AREA FOR SETBACK VARIANCES LIKE THAT. AND THE THERE IS NO SORRY, THE VARIANCE IS NOT SUBSTANTIAL, BUT IT COULD SET UP A PRECEDENT AND CAUSE MORE VARIANCE REQUEST OF THE SAME NATURE. AND I'M HERE AS WELL AS I BELIEVE THE APPLICANT'S. IF YOU HAVE ANY QUESTIONS I HAVE A MOTION TO ACCEPT STAFF REPORT AND RECORD.
SO MOVED. SECOND. MISTER. JACOB. YES. MISS SAMUELS? YES. MR. YES. YES. HAVE ALL VOTES TO ADMIT THE DOCUMENTS. ANY OF OUR GUESTS WISH TO SPEAK ON BEHALF OF THIS TONIGHT. OKAY. WHY DON'T WE LET. OKAY. SO WE NEED TO SWEAR YOU TOO. SO IF YOU RAISE YOUR RIGHT HAND, DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? I DO STATE YOUR NAME. MY NAME IS KURT MILLER. I'M WITH W S THE ARCHITECT. THANK YOU. OKAY. YEAH. SO A COUPLE THINGS TO HIGHLIGHT ON THIS REQUEST IS THAT WHEN CONSIDERING THE ADDITION, A COUPLE OF THINGS THAT WE CONSIDERED WE TO GET THE ADDITION OF THE EN SUITE, THE MAIN KIND OF GOAL WAS TO CREATE AN EN SUITE ON THE GROUND FLOOR SO THAT THEY CAN AGE IN PLACE AND ABLE TO BE ABLE TO, TO MAINTAIN AT THE RESIDENCE. SO PART OF THAT IS BRINGING UP THE BEDROOM EN SUITE AND A LAUNDRY AREA, ALSO MAINTAINING KIND OF CLEARANCES AND WIDTHS SO THAT IF THERE'S ANY FUTURE WHEELCHAIR OR A WALKER THAT WE NEED, THAT WE HAVE CLEARANCES FOR THAT. ALSO PART OF THIS IS THE HOUSE KIND OF SITUATED. IT'S KIND OF TOWARDS THE WEST END OF THE LOT, NOT NOT SO CENTERED. SO THAT WIDTH THAT WE USE WAS THE WIDTH OF THE EXISTING GARAGE TO MIRROR ACROSS THE COMPOSITION OF THE BUILDING, TO KEEP THAT BALANCE SO THAT IT WOULD FEEL KIND OF EQUAL ON BOTH SIDES AND THAT THE, THE ADDITION WOULDN'T FEEL OUT OF PLACE OR, OR KIND OF UNNATURAL TO THE, TO THE EXISTING HOUSE. AND THEN JUST TO HIGHLIGHT IN THE STAFF REPORT, JUST THE WIDTH OF THIS LOT WAS, IS 11FT NARROWER THAN THE STANDARD LOT. SO IT KIND OF PUTS THIS REAL TIGHT ON THAT ON THE WEST EDGE, BASED ON THE SITING OF THE EXISTING HOUSE AND THE EXISTING LOT. SO A COUPLE OF THINGS WE LOOKED AT WHEN LAYING OUT. SO WHAT ARE YOU BUYING FOR AN EXTRA SIX INCHES? SIX INCHES IS GETTING US THE CLEARANCES THAT WE NEED IN THE BATHROOM, IN THE HALL, AND THE CLOSET IN THAT CENTER PIECE THERE, SO THAT IN THE
[00:15:01]
FUTURE, IF THERE IF THE RESIDENT HAS A WALKER OR WHEELCHAIR, THAT THEY'RE ABLE TO ACCESS THOSE SPACES. PARDON ME. I'M SORRY. ALONG WITH THAT QUESTION, SAME LINE OF THOUGHT.IS THERE ANY RECONFIGURATION THAT COULD TAKE PLACE TO MAKE THAT SPACE UP ELSEWHERE? WE COULD LOOK AT EXAMPLES. SURE. WE CAN LOOK AT LAYOUTS. IT'S NOT LIKE IT'S THE ONLY ONE POSSIBLE, BUT IT'S THE ONE THAT'S PREFERRED BY THE CLIENT. AND JUST FROM CLAIRE'S STAFF, I SEE TWO PROPOSED ADDITIONS HERE. THERE ARE TWO DIFFERENT CASES FOR THIS. NO. SO THE THE BEDROOM, THE ONE THAT'S IN THE RED BOX. THERE IS THE ONLY ONE THAT WOULD GO INTO THAT SETBACK.
OKAY. THE OTHER ONE IS WITHIN THE SETBACK LIMITATION. THAT'S WHY I JUST CALLED THEM BOTH OUT.
SO IT WASN'T AS CONFUSING. YEAH. THANK YOU. AND THANK YOU FOR CLARIFYING. I KNOW THE ALTERNATIVE WAS TO FLIP THE SIX INCHES ON THE BACK, BUT I UNDERSTAND YOU WANT TO KEEP IT FLUSH WITH THE PROPERTY. SO THANK YOU FOR CLARIFYING THAT. YEAH, JUST WE WERE KIND OF THINKING IT SET IN BACK IN BOARD FROM THE BACK A LITTLE BIT JUST TO HELP WITH CONSTRUCTABILITY AND FLASHING FOR THAT ADDITION. BUT WE WERE JUST KIND OF THINKING ABOUT HOW TO PULL THAT IN AND KEEP THE FOUNDATIONS CLEAN ON THAT BACK WITHOUT GETTING TOO FAR IN THE BACK LOT. WE ALSO, THERE'S A LOT OF AREA BEHIND, BUT THERE'S A LOT OF MATURE TREES. SO WE ALSO TEND TO WANT TO PUSH TOO FAR BACK AND TO LOSE, YOU KNOW, LOSE KIND OF THE ONE TREE RIGHT TO THE WEST OF THE HOUSE. SO WE WANT TO MAKE SURE WE MISS AS MANY TREES AS POSSIBLE AS WELL.
ANY OTHER QUESTIONS, FOLKS? I'M STRUGGLING A LITTLE BIT WITH THE SIX INCHES. AND WHAT WHAT'S THE MATH BEHIND THAT? THE MATH IS THAT WE'RE BALANCING THE GARAGE USING GARAGE WITH. SO THAT WOULD THE COMPOSITION ARE BALANCED ON EITHER SIDE. SO WHEN YOU'RE LOOKING AT THE HOUSE, BOTH SIDES ARE EQUAL. YEAH. SO IT'S NOT REALLY SPACE WITHIN THE BATHROOM. IT'S PART OF IT. BUT YEAH, WE THINK IT'S THE ESTHETICS. SO IT MATCHES. IT DOESN'T LOOK LIKE IT'S SLIGHTLY OFF OR SLIGHTLY DOESN'T MATCH. SO HELP ME. MAYBE I'M JUST I THINK TODAY'S MONDAY INSTEAD OF TUESDAY I'M HAVING A CASE OF MONDAYS. I GUESS I'M CONNECTING THE DOTS.
BUT THE BEGINNING YOU WERE SAYING HOW THE SIX INCHES IS HELPING FOR THE FUTURE IN CASE A WHEELCHAIR OR ACCESSIBILITY. BUT THEN I JUST HEARD ESTHETIC. SO WHICH ONE IS IT? A LITTLE BIT OF BOTH. IT'S A LITTLE BIT OF BOTH. YES. THEY BOTH HAVE. YEAH. OKAY. YEAH. BECAUSE WE'VE LOOKED ABOUT PULLING IT BACK WITHIN. AND THEN AS SOON AS IT GETS THAT IT GETS REALLY TIGHT IN THOSE KIND OF SMALLER SPACES. SO ONCE YOU PULL IT OUT, IT WAS GETTING CLOSE TO MATCHING. SO WE MATCHED IT SO THAT IT WOULD LOOK BALANCED ON, ON THE FACADE. AND IT LOOKS LIKE IT'S ALWAYS BEEN THERE. AND THOSE STANDARDS, I MEAN I'M NOT. IS THAT THOSE MEASUREMENTS OF THAT YOU'RE HOPING TO INCORPORATE? THOSE ARE THE STANDARD MEASUREMENTS USED THAT YOU'RE HAVE TO FOR THOSE TYPE OF SITUATIONS OR TO ACCOMMODATE THOSE. THOSE ARE YOU'RE NOT, THEY'RE NOT, THEY'RE NOT, YOU'RE NOT MAKING IT EXTRA WIDE FOR THE SAKE OF, OH, JUST IN CASE THEY GET AN EXTRA LARGE WHEELCHAIR. LIKE IT'S STANDARD, JUST STANDARD. JUST WANT TO BE CLEAR. YEAH.
THANK YOU. EXCUSE ME. I DON'T KNOW, GOING OVER MY THROAT TODAY, I APOLOGIZE, REVISITING THIS QUESTION ABOUT FLIPPING THE EXTRA SIX INCHES ON THE SIDE WHERE THERE IS SPACE FOR GROWING. I KNOW YOU SAID THERE'S MATURE TREES BACK THERE, BUT GIVEN THAT THIS IS THE ZONING CODE. WHAT WOULD BE THE WORST CASE SCENARIO IN FLIPPING TO THAT PLAN? WOULD IT JUST BE AN ESTHETIC DISPOSITION? YEAH, I THINK IT WOULD PUSH THAT THAT ADDITION IN THE BACK PASS KIND OF PROUD THAT STYLE. SO IT JUST MADE THAT THAT CORNER A BIT MORE COMPLEX FROM A CONSTRUCTABILITY ANESTHETIC STANDPOINT. SO AS IT SITS, IT JUST KIND OF CLEANLY DI INTO THE EXISTING HOUSE. IT WOULD JUST KIND OF MAKE THAT CORNER A LITTLE BIT MORE COMPLEX FROM A CONSTRUCTABILITY AND LIKE JUST RESOLVING THE CORNER A LITTLE BIT. SO WE KIND OF GOOD PRACTICE FOR THAT ADDITION JUST IN THIS EDIT. SO WE DON'T HAVE TO KIND OF AN OUTSIDE CORNER TO, TO KIND OF ATTACH AND FLASH AND FINISH THE KIND OF INSETTING IT. AND WE DID LIKE A SIMILAR MOVE ON THE GARAGE ADDITION. THAT'S NOT A VARIANCE. IT JUST KIND OF INSET TO MAKE SORT OF THAT WALLS AND ROOFS AND THE FLASHING, ALL THAT CAN KIND OF TIE INTO THE EXISTING. AND IT'S A CLEANER KIND OF CONSTRUCTABILITY DETAIL. I HAVE A QUESTION FOR STAFF. SO THIS 20 FOOT SETBACK IN THIS PARTICULAR NEIGHBORHOOD, THAT'S NOT THAT'S UNUSUAL, RIGHT, FOR THE TOWN DON'T USUALLY HAVE A TEN FOOT SETBACK. THE OUR ONE DISTRICTS ALL HAVE THE 20 FOOT SETBACK. BUT I DON'T THINK THAT OUR ONE IS THE MOST COMMONLY USED ZONING DISTRICT, IF THAT MAKES SENSE. WHAT IS WHAT IS TELL ME WHAT R1 WHAT IS R1? SO IT'S THE FIRST OF OUR
[00:20:03]
RESIDENTIAL STRAIGHT ZONED DISTRICTS. SO IT'S OUR OLDEST. YEAH. LOWEST DENSITY. NOT NECESSARILY THE OLD OR. YEAH. IT'S ONE OF THE STRAIGHT ZONES. SO IT DOESN'T HAVE AN OVERLAY TEXT WITH IT BY ANY MEANS. IT'S JUST STRAIGHT OUT OF OUR BASE CODE. BUT YEAH, R1 IS JUST THE, THE LEAST DENSE OF THE RESIDENTIAL. IT TYPICALLY DOES ENTAIL OLDER HOMES. SO IT CONTEMPLATES AREAS NOT SERVED BY CITY. SO THAT CODE IS AN OLDER CODE IN THE TOWN. DID WE HAVE 20 FOOT SETBACKS WHEN WE FIRST STARTED THE CODES. AND THEN WE SHRUNK THEM TO TEN. OR DO WE KNOW. I THINK IT'S UNCLEAR. STAFF DID LOOK AT WHY THIS NEIGHBORHOOD WAS ZONED R1 AND WE AREN'T CERTAIN. I THINK KYLIE DID POINT OUT IN HER STAFF REPORT THAT R1 HAS A MINIMUM LOT SIZE AND A MINIMUM LOT WIDTH, AND THEY ARE BELOW THAT. HOWEVER, IT IS STILL ZONED R1 AND THE SETBACK OF 20FT APPLIES. OKAY, I JUST WANTED SOME HISTORY THERE.MA'AM, WOULD YOU LIKE TO SPEAK? I KNOW YOU'RE HERE FOR THIS CASE. OKAY. YOU'RE WELCOME TO STAND AND SPEAK. GOOD EVENING. AS I STATED EARLIER, MY NAME IS MYRNA STURGILL AND I LIVE IMMEDIATELY ADJACENT TO THE PROPERTY IN QUESTION. I'M RESPECTFULLY ASKING THE BOARD TO DENY THE REQUEST FOR THE VARIANCE, OR AT A MINIMUM, REQUIRE ENGINEERING REVIEW REGARDING DRAINAGE AND STORMWATER BEFORE ANY APPROVAL IS RECONSIDERED OR GRANTED. THE APPLICATION ACTUALLY CHARACTERIZES THIS AS A MINOR SIX INCH SETBACK VARIANCE.
HOWEVER, PLANS SHOW A MUCH LARGER PROJECT THAN SIMPLY A SIX INCH ENCROACHMENT. THE PROPOSAL INCLUDES SUBSTANTIAL ADDITIONS TO BOTH SIDES OF THE HOMES. AS WE SAW ON THE ILLUSTRATION, THE DRIVEWAY AND PATIO AREA. THE PROJECT ACTUALLY INCREASES THE STRUCTURAL COVERAGE ON THE LOT, FROM ABOUT TEN AND 10.5% TO 16%, AND THIS IS REALLY A SUBSTANTIAL INCREASE IN THE SHED OF RAINWATER THAT COULD HAPPEN. MY PRIMARY CONCERN IS DRAINAGE. CURRENTLY, ANY MODERATE OR HEAVY RAINS IMPACT THE CONNECTED PROPERTIES TO THE WEST, WHICH INCLUDES MY LOT AND ONE OTHER LOT BEYOND ME. AT THE END OF THE ROAD, ANY ADDITIONAL ROOF AREA, DRIVEWAY AREA OR OTHER HARD SURFACES AND INEVITABLY GENERATE ADDITIONAL RUNOFF. WITHOUT A DETAILED STORMWATER ANALYSIS, THERE IS NO ASSURANCE THAT THE RUNOFF WILL NOT WORSEN THE EXISTING DRAINAGE PROBLEMS ALREADY IMPACTING THE TWO PROPERTIES AND, OF COURSE, IMPACTING MINE. THE VARIANCE THE VARIANCE NARRATIVE STATES THAT THE PROJECT WILL NOT ADVERSELY AFFECT ANY ADJACENT PROPERTIES. HOWEVER, I DON'T FIND ENOUGH DOCUMENTED INFORMATION ON THAT, THAT THAT RAINWATER STUDY WAS DONE. IT ALSO SUGGESTS THAT AROUND THE MATURE TREES, CONSTRAIN THE BUILDABLE AREA AND CREATE A NEED FOR A VARIANCE. YET PLANS ALSO INDICATE THAT THE TREE REMOVAL IS A PART OF THE PROJECT. I WOULD SUBMIT THAT THERE REMAINS SUBSTANTIAL OPEN SPACE BEHIND THE RESIDENTS THAT APPEARS TO BE CAPABLE OF ACCOMMODATING AN ALTERNATE DESIGN, AS WAS DISCUSSED, AND ADDITIONALLY WOULD OFFER THAT THE SEWER LINES RUN DIRECTLY BEHIND THE PROPERTY. SO WITH ANY ADDITIONAL CONSTRUCTION OR CHANGES THAT COULD ALSO BE ACCOMMODATED DIRECTLY INTO THIS TO THE SEWER WATER, I'M CONCERNED THAT THE FOCUS ON THE SIX INCH SETBACK GROSSLY UNDERESTIMATES OR UNDERSTATES THE SCOPE OF THE PROJECT. THE PLANS SHOW AN EXPANSION ON BOTH SIDES, WITH INCREASED ROOF AREA, PAVED SURFACES AND MODIFICATIONS. AS I INDICATED, THE IMPACT SHOULD BE EVALUATED AS A PART OF YOUR DECISION AS TO WHETHER OR NOT THE ADJACENT PROPERTIES WOULD BE ADVERSELY AFFECTED, I'M REQUEST FULLY REQUESTING THAT THE BOARD CAREFULLY CONSIDER THE CUMULATIVE IMPACT OF THE EXPANSION. INCREASED ROOF AREA, INCREASED IMPERVIOUS SURFACES. YOU KNOW, THE DRIVEWAY, THE ROOFING, ANYTHING ELSE, AND EXISTING DRAIN CONCERNS BEFORE DETERMINING THE PROJECT WOULD HAVE NO ADVERSE IMPACT. THANK YOU FOR GIVING EVERYONE AN OPPORTUNITY TO SPEAK TONIGHT. I APPRECIATE THAT VERY MUCH AND I APOLOGIZE FOR MY PREPARED NOTES. I'M NOT. I HAVE A QUESTION FOR YOU, MA'AM. SO TELL ME, WHAT SIDE OF THE HOUSE DO YOU WANT? WHERE'S YOUR. I'M ON THE WEST SIDE OF THE HOUSE WHERE THE LARGE EXPANSION IS THE LARGER TO THE RIGHT OF THAT BLOCK OR LEFT TO THE LEFT OF THE BLOCK.
IF IF MY DIRECTION IS CORRECT, EITHER CLOSER TO THE POND, THEN YES. SO. SO THAT'S ME. YES.
OKAY, SO NOT THE DRIVEWAY SIDE, THE SIDE ADDITION. CORRECT. AND IS THAT TYPICALLY A WET LOT OVER THERE OR IT YOU WILL NOTICE THAT A RETENTION POND IS ACTUALLY BUILT A LITTLE BIT
[00:25:08]
FURTHER WEST FOR RUNOFF PURPOSES FROM BOTH THE NEW ADDITION, WHICH IS TO THE SOUTH OR THE NORTH AND WEST FURTHER. BUT YES, BECAUSE OF WHERE THAT RETENTION POND RUNS AND THE SLOPING NATURALLY RUNS IN ADDITION TO SOME ACTUAL LAND THAT HAS BEEN GRADED HIGHER ON THE PROPERTY IN QUESTION OVER THE YEARS, THAT RUNOFF DOES HIT OUR PROPERTY. AND SO OFTENTIMES YOU WILL SEE BETWEEN MY HOUSE AND THE LOT NEXT TO IT, THE ONE THAT DOESN'T LOOK NEARLY AS PAVED THERE, THAT HAS A GREAT AMOUNT OF STANDING WATER. AND BY THE WAY, I DO HAVE PHOTOS AVAILABLE OF STANDING WATER. IF AT ANY TIME YOU'D LIKE ME TO SEND THOSE TO THE TOWNSHIP OR CITY. SO HAS THIS PROJECT BEEN APPROVED BY THE ARB YET? HAS IT GONE THROUGH THE TOWN AND GOTTEN THE THE DESIGN AND THE. IT WOULDN'T ALL GO THROUGH THE ARB PROCESS LIKE. LIKE WHERE WHERE WOULD THEY DO THE RAIN WATER RUNOFF? NOT HERE. NO. SINCE IT'S JUST A HOME ADDITION, I, I'M NOT SURE IF OUR ENGINEERING TEAM WOULDN'T TYPICALLY LOOK AT A HOME ADDITION. IT WOULD BE ZONING AND BUILDING. SO IT'S NOT SOMETHING THAT WE TYPICALLY STUDY FOR THAT TYPE OF AN APPLICATION. OKAY. THANK YOU. THANK YOU. DOES THE APPLICANT OR HIS REPRESENTATIVE HAVE A REBUTTAL TO ANY OF THE NOTES MADE JUST SO WE CAN MAKE SURE WE'RE ON THE SAME PAGE? YEAH, I JUST WANT TO CLARIFICATION. I THINK YOU SEE ON THIS, THIS SITE HERE, THEY'RE KIND OF DIRECTLY PLANNED SOUTH BOTTOM OF THE HOUSE THERE. THERE'S SOME PRETTY LARGE TREES THERE THAT WE'RE TRYING TO STAY AWAY FROM. NOT ONLY KIND OF THE TRUNK SYSTEM, BUT THE ROOT SYSTEM. SO THAT'S KIND OF WHY WE SAT RIGHT HERE. YEAH, YEAH.WE'RE TRYING TO STAY OUT OF THOSE TREES THAT ARE PRETTY CLOSE, THAT ARE KIND OF SHADING THAT BACK PATIO AREA CURRENTLY. ARE YOU TAKING THE 30 TREES HERE AT ALL? THEY'RE JUST ONE TO THE TO THE WEST BETWEEN KIND OF THE HOUSE AND THE EXISTING PROPERTY LINE. STAFF WILL ZOOM IN BY CHANCE, OR IS THAT NOT AN OPTION OR IS THAT PROBABLY IT IS JUST A PICTURE. BUT YEAH, THE TWO TREES ARE SHOWN HERE. AND THEN THE ONE THAT THE MOVE IS NOT IN THAT ONE. SO YOU'RE TAKING DOWN TWO TREES, ONE ONE IN THE FRONT'S REMAINING. THAT ONE IS TO REMAIN. OH OKAY. YEAH.
GOT IT. AND THEN KIND OF IN THE BACK PATIO AREA KIND OF SOUTH OF THE GREEN NEXT TO THE YELLOW PATIO. THAT'S KIND OF WHERE THE BIG MATURE TREES ARE CURRENTLY. AND THAT'S KIND OF WHERE THE THE BUMP OUT IS THE KITCHEN AND DINING. SO KIND OF IT HINDERED WHERE WE COULD DO ADDITION BACK THERE BASED ON PLUMBING AND, AND THAT SORT OF THING. AND THEN ALSO THE VARIANCE WAS TRIGGERED JUST BY KIND OF THE, THE SMALLER WIDTH OF THE LOT. IT'S, IT'S NOT 150, IT'S 139 TO BE KIND OF THAT'S WHERE THAT VARIANCE IS TRIGGERING BECAUSE THE NON-CONFORMING LOT SIZE. SO, SO MAYBE THIS IS A QUESTION AND THIS IS ME TRYING TO LEARN MORE ABOUT THE TOWN. BUT LIKE, IF THERE'S A QUESTION ABOUT WATER RUNOFF FROM AN ADDITION TO A HOME, WHERE IS THAT HANDLED IN THE TOWN? LIKE IF A NEIGHBOR BRINGS UP LIKE SHE'S WORRIED ABOUT WATER COMING INTO HER PROPERTY, LIKE WHERE, WHERE DOES THAT HANDLE? AND HOW DO WE KNOW THAT WE'RE PROTECTING OUR NEIGHBORS FROM THAT? SO TYPICALLY, IT COULD BE A COMPLAINT. WE JUST HAD ONE OF THESE LAST WEEK WITH SOMEONE HAVING RUNNING WATER IN THEIR BACKYARD. SO TYPICALLY STAFF, ENGINEERING STAFF AND PLANNING STAFF WILL LOOK AT THE PLAT AND SEE HOW, YOU KNOW, STORMWATER IS SUPPOSED TO RUN AND ENGINEER CAN GO OUT THERE. SOMETIMES IT IS A CIVIL MATTER THAT NEEDS TO BE HANDLED BETWEEN THE TWO PROPERTY OWNERS. SOMETIMES, YOU KNOW, IF SOMETHING IS NOT GRADED, BUT TYPICALLY IT IS, YOU KNOW, A RESIDENT CAN SAY, YOU KNOW, WE'RE HAVING AN ISSUE WITH DRAINAGE AND WE CAN GO OUT AND ASSESS THE SITUATION AND KIND OF COME UP WITH A PLAN FROM THERE. SO IT'S AFTER THE FACT. YEAH. IF THEY NEED AN ENGINEERING PERMIT, LIKE, YOU KNOW, BUILDINGS AND WHATNOT, GO THROUGH THE ENGINEERING PROCESS. AND THAT'S LOOKED AT. I DO KNOW THAT BUILDING DOES LOOK AT THE THE GRADING CONTOURS AND LOOKS AT THAT. BUT YEAH, THERE IS NO ENGINEERING REVIEW FOR RESIDENTIAL PERMITS. OKAY. SO WE WOULDN'T BE HERE TONIGHT IF THIS WAS SIX INCHES SHORTER. CORRECT. IS THAT FAIR? YES. OKAY. WELL, SO LET'S JUST CONTINUE THAT. SO YEAH, I'M STRUGGLING WITH THE SIX INCHES AND SIX INCHES ESTHETICALLY.
I'M NOT GOING TO BE ABLE TO LOOK AT ONE SIDE AND TELL THAT SIX INCHES OFF. IT'S GOING TO LOOK PRETTY MUCH THE SAME. SO THAT IS I STRUGGLE WITH A LITTLE BIT. AND YOU KNOW, AGAIN, WE'RE TRYING TO NOT SET PRECEDENCE HERE TO CONTINUE TO DO THINGS LIKE THIS. AND THERE'S RULES IN THIS IN THIS TOWN THAT, YOU KNOW, WE'RE WE'RE PART OF THIS BOARD TO PROTECT THE INTEGRITY OF THE TOWN. SO EVERY TIME WE MAKE AN EXCEPTION TO A CODE, IT DIMINISHES OUR INTEGRITY. SO I I'LL MAKE A MOTION TO APPROVE VARIANCE 55 TO 0 TWO SIX.
[00:30:11]
SECOND. MR. LAJEUNESSE NO. MR. JACOB. YES. MISS. SAMUELS. NO. WITH COMMENT. THE. I'M SORRY.THE THE APPLICATION FAILS WITH ONE YAY AND TWO NAYS. AND MISS SAMUELS, IF YOU COULD STATE YOUR NAME FOR THE. YOUR REASONS FOR THE RECORD. YES. APOLOGIES. GOING BACK TO THE R1 ZONING TEXT, RECOGNIZING JUST LOOKING FOR SPECIAL CIRCUMSTANCES IS TYPICALLY WHAT WE'RE DOING WITH THE DUNCAN FACTORS. AND UNDER THIS SITUATION, THIS SPACE DOES NOT HAVE SPECIAL CIRCUMSTANCES.
THAT DOESN'T APPLY TO ALL THE REST OF THE HOMES IN THE NEIGHBORHOOD. AND, AND THE FACT THAT STAFF PROVIDED TWO ALTERNATIVE OPTIONS, ONCE AGAIN, TO MAINTAIN THE INTEGRITY AND THE SPIRIT OF THE CODE. THANK YOU. AND. MR. JUST JUST WHAT I SPOKE ABOUT EARLIER, SIX INCHES IS SIX INCHES. AND, YOU KNOW, FOR US TO BEND THE RULES FOR SIX INCHES, I DON'T THINK THE OWNER IS GOING TO REALLY NOTICE SIX INCHES, TO BE HONEST WITH YOU. AND AGAIN, IT'S ABOUT SETTING PRECEDENCE. AND IF THERE'S BEEN NO PRECEDENCE IN THAT NEIGHBORHOOD FOR ANYTHING LIKE THIS, YOU KNOW, WHY? WHY SHOULD WE BREAK THE RULES FOR SIX INCHES? IF IT WAS MORE OF AN ASK OF, YOU KNOW, FIVE FEET THAN WE'D BE LOOKING AT IT AND THERE WAS CONSEQUENCES OF THAT, THEN MAYBE I'D CONSIDER IT. BUT SIX INCHES IS I MEAN, I THINK YOU CAN IT'S A BEAUTIFUL DESIGN, AND I DON'T THINK ANYONE'S GOING TO NOTICE SIX INCHES OFF ONE OF THE EDGES. OKAY. THANKS FOR YOUR TIME. YEP. ALL RIGHT. VARIANCE NUMBER THREE. VARIANCE 5620266905. CENTRAL COLLEGE ROAD SETBACK VARIANCE. COULD WE HEAR THE STAFF REPORT? YES. THANK YOU. THIS IS A VARIANCE TO ALLOW A NEW HOUSE TO ENCROACH APPROXIMATELY NINE FEET INTO A 50 FOOT FRONT YARD SETBACK AT 6905 CENTRAL COLLEGE ROAD. WE HAVE THE LOT RIGHT HERE, RIGHT OUTSIDE THE CEDARBROOK SUBDIVISIONNG CENTRAL COLLEGE ROAD. YOU CAN SEE IT'S KIND OF ODD CONFIGURATION. AGAIN, FOR AN AREA VARIANCE, THE PROPERTY OWNER ESTABLISHES THAT THERE IS A PRACTICAL DIFFICULTY IN MEETING THAT CODE REQUIREMENT. SO ARE THERE UNIQUE SITE CONSTRAINTS. IS THE ISSUE SELF-CREATED OR DOES IT RUN WITH THE LAND. AND ARE THERE PRACTICAL ALTERNATIVES SUCH LIKE THAT. AND OUR VARIANCE CRITERIA JUST SORT OF BOLSTER THOSE DUNCAN FACTORS. SO THE MAIN REASON FOR THIS VARIANCE TONIGHT IS LARGELY DUE TO THE RIGHT OF WAY, AS THE SITE EXISTS RIGHT NOW, THERE IS NOT A NEED FOR VARIANCE. THIS HOUSE PROPOSAL DOES FIT WITHIN THE SETBACKS WITHIN THE SITE CONFIGURATION, BUT THE CITY ENGINEER DID REVIEW THE LOT AND HAS REQUIRED AN ADDITIONAL TEN FEET TO BE ADDED TO THIS EXISTING RIGHT OF WAY FOR A TOTAL OF 40FT OF RIGHT OF WAY. AND BECAUSE THE SETBACK IS MEASURED FROM THAT RIGHT OF WAY LINE, THAT EFFECTIVELY PUSHES THE SETBACK TEN FEET FURTHER INTO THE LOT, WHICH IS WHAT IS CAUSING THAT ENCROACHMENT OF NINE FEET. SO THE SPECIAL CONDITION IS NOT SELF-CREATED. IT ORIGINALLY MET THE SETBACK. THE DEDICATION WAS REQUIRED BY THE CITY. THE PROPERTY OWNER COULD NOT HAVE PURCHASED THE PROPERTY. KNOWING OF THAT ADDITIONAL RIGHT OF WAY DEDICATION BEING NEEDED. IT AGAIN MET THE SETBACKS ORIGINALLY, AND IT'S ALSO GOOD TO NOTE THAT THERE IS A OLDER HOUSING STOCK IN THIS AREA, SO SETBACKS SLASH RIGHT OF WAYS CAN KIND OF VARY A BIT. THE NEWER DEVELOPMENTS DO HAVE THAT 40 FOOT SETBACK TYPICALLY, WHICH IS ALSO RECOMMENDED BY THE STRATEGIC PLAN. SOME OF THEM HAVE THE 30FT OF RIGHT OF WAY, WHICH IS WHAT THIS ONE HAS. AND SOME EVEN APPEAR TO HAVE NO DEDICATED RIGHT OF WAY. SO A MORE UNIQUE SITE CONSTRAINTS. THE ORANGE HERE SHOWS THE SETBACK OF THE SIDE AND THE FRONT YARD. THE BLUE HIGHLIGHTS THE FLOODPLAIN. YOU CAN SEE THE POND RIGHT AROUND HERE. SO THIS IS EFFECTIVELY LIMITING THE BUILDABLE AREA TO THIS HIGHLIGHTED AREA IN THE MIDDLE HERE. BUT FURTHERMORE THE THE CONNECTION TO THE CITY SEWER IS NOT POSSIBLE TO THE HOUSE FROM THIS SITE. SO THAT ALSO WARRANTS A SEPTIC SYSTEM ON THE LOT. AND THAT WILL TAKE UP ADDITIONAL SPACE ON THE LOT. THE HOUSE CANNOT BE MOVED BACK DUE TO THE THE SEPTIC SYSTEM REQUIREMENTS, THE SPACE THAT THAT WILL TAKE UP. SO AGAIN,
[00:35:04]
FURTHER WARRANTING THE THE ENCROACHMENT AND THE VARIANCE. SO ADDITIONALLY, THIS IS NOT SUBSTANTIAL. THE VARIANCE OFFSETS THE LOSS OF BUILDABLE FRONT YARD DEPTH CAUSED BY THE RIGHT OF WAY DEDICATION. AND THE SETBACK ENCROACHMENT IS MINOR, ESPECIALLY BECAUSE THIS IS A MORE RURAL AREA. I THINK IF THIS WERE IN A HIGHER DENSITY AREA THAN THE R-1 DISTRICT, IT MIGHT BE MORE VISIBLE TO SEE LIKE YOU SEE THAT ENCROACHMENT A LITTLE BIT MORE, BUT IT'S SUCH A LARGE LOT THAT IT SHOULDN'T ALTER THE ESSENTIAL CHARACTER OF THE AREA.AND THERE ARE, AGAIN, NUMEROUS SITE CONSTRAINTS HERE THAT DO PRESENT A HARDSHIP THAT DO PRESENT PRACTICAL DIFFICULTIES FOR THE APPLICANT. FOR THE HOMEOWNER, I CAN ANSWER ANY QUESTIONS YOU HAVE AND THE APPLICANTS ARE HERE. IF YOU HAVE ANY OTHER QUESTIONS. IS THERE A MOTION TO ACCEPT STAFF REPORT INTO RECORD? SO MOVED. SECOND. MISS SAMUELS. YES. MR. JACOBS. YES. MR. YES. YES. WITH ALL VOTES TO ADMIT THE DOCUMENTS, THE APPLICANTS LIKE TO ADD TO THAT PRESENTATION A LITTLE BIT. KEVIN ENGLISH, I'M A REPRESENTATIVE FROM THE BUILDER. SO WE DESIGNED THE HOUSE FOR OUR CLIENT TO ADD. THE SEPTIC SYSTEM CAN FIT IN THAT LOWER TRIANGLE IN THE BOTTOM OF THE PROPERTY. IT IS REQUIRED TO BE TEN FEET OFF THE BACK EDGE OF THE HOME, AND IT IS CURRENTLY DESIGNED AND APPROVED THROUGH THE COUNTY. AT TEN FEET OFF THE BACK OF THE HOUSE CAN LITERALLY NOT SHIFT OUT AGAIN. WE DIDN'T LEARN OF THE SETBACK REQUIREMENT UNTIL WE SUBMITTED FOR THIS. WE MADE IT THROUGH ARB. YOU KNOW, WE DESIGNED BASED ON THE EXISTING 30 FOOT SETBACK THAT I BELIEVE ALL THE NEIGHBORING HOMES ON THAT SIDE OF THE STREET ALL CONFORM TO A 30 FOOT SETBACK. SO TO MY KNOWLEDGE, IT'S JUST THE ZONING IS THE CITY. THE CITY ENGINEER, I GUESS IF YOU BUILD A NEW HOUSE, THEY GET TO DECIDE WHAT THAT SETBACK IS. MY I'M GOING TO MAKE AN ASSUMPTION IS THAT THAT WOULD ALLOW FOR AN EASIER WIDENING OF THE STREET IN THE FUTURE, IF IT WERE EVER NECESSARY. I TOTALLY GET THAT.
CLIENT DOESN'T HAVE A PROBLEM WITH THAT. AND JUST, YOU KNOW, WE'RE HERE TO ASK TO KEEP THE HOUSE WHERE IT IS, SINCE WE HAVE ALL THESE CONSTRAINTS ON THE PROPERTY. CAN WE GO BACK TO WHY THE ENGINEER ASKED FOR AN ADDITIONAL TEN FEET? YES. SO IT'S RECOMMENDED BY THE STRATEGIC PLAN TO HAVE THAT 40FT OF RIGHT OF WAY. I BELIEVE THAT ALSO JUST HELPS PROPERTIES CONFORM TO A SIMILAR SETBACK AND A SIMILAR UNIFORM DISTANCE FROM THE ROADWAY. ADDITIONALLY, THE CITY USUALLY HAS THAT RIGHT OF WAY FOR IMPROVEMENTS LIKE A SIDEWALK IF THAT'S NEEDED.
STREET TREES, OTHER IMPROVEMENTS, ROADWAY WIDENING IF THAT IS NEEDED IN THE FUTURE AT SOME POINT. AGAIN, THERE'S NOT REALLY PLANS FOR ROAD WIDENING OR ANYTHING LIKE THAT RIGHT NOW THAT I'M AWARE OF, BUT IN THE FUTURE, IF THAT IS NEEDED, WE'RE TAKING CARE OF THAT RIGHT NOW THAT THAT NEEDED ROOM RIGHT NOW. SO I WAS JUST GOING TO SAY, AND THAT IS SOMETHING THAT THE HOMEOWNER NOR THE BUILDER WOULD HAVE BEEN AWARE OF PRIOR TO PURCHASING THE PARCEL. THEY WOULD HAVE BEEN AWARE OF THE CITY ZONING CODE, BUT NOT THE ADDITIONAL.
CORRECT. YOU KNOW, THERE'S IT COULD HAVE BEEN NO DEDICATION REQUIRED BY THE ENGINEER. HE COULD HAVE DECIDED TO ADD 20 MORE FEET. BUT EVEN ADDING THAT DEDICATION WAS AN OUTRIGHT, YOU KNOW, KNOWN. AND RIGHT NOW THE SETBACK FOR THAT AREA IS VARIED AS WELL. THERE'S NO STANDARD SETBACK ACROSS THOSE PROPERTIES. SO THE SETBACK IS STANDARD THAT IT'S 50FT. BUT YEAH, THERE'S DIFFERENT RIGHT OF WAY WIDTHS. THE NEWER DEVELOPMENTS ALL APPEAR TO HAVE A 40 FOOT RIGHT OF WAY WIDTH. BUT YEAH IT VARIES A BIT. SO THIS CONTRACTOR DESIGNED THIS HOUSE ON THIS LOT FOLLOWING ALL THE RULES OF THE TOWN. TOWN COMES OUT AND SAYS, OH NO, NO TIME OUT. WE NEED TO ADD TEN MORE FEET. YEP. YES. THIS WAS FOLLOWING. I BELIEVE THE SEPTIC PERMIT ALSO HAS BEEN APPROVED PRIOR TO WE US REALIZING WE WOULD LOVE TO HAVE CITY SEWER.
SEWER WAS NOT AN OPTION. SO AN ENGINEER REVIEWED THAT AS WELL AND ACKNOWLEDGED THAT IT'S CONNECTION CANNOT BE MADE. BUT YEAH, WE DO OUR DUE DILIGENCE BEFORE WE START DESIGNING HOME SETBACKS. RESIDENTIAL ZONING REQUIREMENTS WERE PRETTY THOROUGH WITH THAT STUFF. BUT.
YEAH, AND I THINK, YOU KNOW, THE THE WIDENING OF THE RIGHT OF WAY MAKES SENSE TO US. IF YOU'RE GOING TO ADD INFRASTRUCTURE, SOMETHING LIKE THAT, YOU NEED RIGHT OF WAY, NOT NECESSARILY A SETBACK TO, TO OBTAIN THAT. RIGHT. SO AGAIN, THE CLIENT HAS NO ISSUES WITH THE RIGHT OF WAY BEING WIDENED. I'M GOING TO MOVE TO APPROVE VARIANCE APPLICATION 562026.
[00:40:13]
BASED ON THE FINDINGS OF THE STAFF REPORT. I'LL SECOND IT. MISS SAMUELS. YES. MR. YES. MR. JACOB. YES. YES. WITH ALL VOTES TO APPROVE THE VARIANCE. GREAT. AWESOME. ALL RIGHT. THANK YOU.ANY OTHER BUSINESS TONIGHT, FOLKS? NO. ANY QUESTIONS? MEMBERS COMMENTS TO ADJOURN.
I'LL SECOND THAT. MR. JACOB. YES. MR.
* This transcript was compiled from uncorrected Closed Captioning.