[0:01] We will now call the meeting of the Bell Meet Board of Zoning Appeals to order, let the record reflect a quorum of members as present. We have 5, maybe 4 items of new business on today's agenda, and each applicant is here, because their request for a building permit has been denied. They're here to appeal this denial. It's a responsibility this board to hear the appeal and determine if there's a compelling reason. They would allow this board to grant the request while at the same time protecting the intent and

[0:30] integrity of the city ordinances.

[0:33] This board can only hear what is published in the appeal.

[0:36] If other items come up that we're not part of the public notice, we cannot rule on them

[0:40] at this time.

[0:41] If the board grants an approval, it will be specific to the request.

[0:45] The applicant must still comply with all other regulations and request the city building

[0:49] official.

[0:50] This board does not take into consideration our contextual design or stormwater issues which

[0:55] are addressed to city staff, city consultants or the historic zoning commission.

[0:59] Our procedures for this evening's meeting are as follows.

[1:03] The City Planning Director will introduce each item.

[1:06] The applicant or representative will state their name and present the appeal of the podium.

[1:10] There will be a time for the board to ask questions and then we will solicit any comments

[1:14] from anyone in attendance who will like why state their name and comments at the podium for

[1:19] the record.

[1:21] We will then close off discussion for the public and the board members will deliberate in

[1:24] an open forum.

[1:25] Board members at their discretion may choose to have additional dialogue with the applicant,

[1:30] a board member will then file a motion with a required second.

[1:34] Then the entire board will vote, it requires a majority vote for the appeal to be granted.

[1:38] If the appeal is granted, we ask the applicant to remove the art sign, pull a permit within

[1:44] one year.

[1:45] If the appeal is denied, we ask that the applicant immediately remove the art sign.

[1:49] If the appeal is deferred, we ask that the applicant keep the art sign up.

[1:54] As a board, we reach for a million rise to ourselves with the applications that have reviewed the submitted materials and if necessary, you may decide visit.

[2:02] I will now ask the board members if there are any conflicts of interest.

[2:06] No, no.

[2:08] The record will reflect no conflicts of interest.

[2:11] The first item of business will be approval of the minutes from last month.

[2:15] Can I have a motion?

[2:16] Motion of proof.

[2:18] Second.

[2:18] For a motion of second, all in favor.

[2:21] minutes are approved. Mary, what's the first item of new or unfinished business?

[2:27] Thank you. The first item on the agenda's case, number A2628 at 2.13,

[2:33] Bill me Boulevard for a rare yard setback. I've just been informed that the applicant

[2:38] is requesting another post-flement to the July 21 meeting.

[2:44] Okay. Do we need to vote on that?

[2:45] Yes, sir. Okay.

[2:48] Well, I'll move to defer or postpone that.

[2:52] I'll set it.

[2:53] Motion is second on the favor.

[2:54] All right.

[2:55] All right.

[2:56] Thank you.

[2:56] The next item on the agenda is case number 8263320.

[3:00] Do pork drive for a very extra rear yard set back.

[3:12] Good afternoon.

[3:14] My name is Charlie Rankin.

[3:15] Rankin Design Works Architecture.

[3:17] I'm here on behalf of John and Laura Foster.

[3:20] who were looking to add a screen porch addition to the back of their home to a two-tier parked drive.

[3:26] The home was originally built in 2009.

[3:29] The fosters purchased the home in 2015 and have lived their sense.

[3:34] The proposed screen porch is just over 23 feet wide and extends 18 feet from the back wall of the existing house.

[3:42] We're asking for a rear setback variance to build the porch.

[3:45] And would contend that the irregular shape of the lot creates a hardship that would justify

[3:50] this variance request.

[3:53] Mary, if on that set, you can maybe look at the up page one.

[3:57] On there, you'll see an existing site plan, and you'll notice that the property line follows

[4:03] the sweeping curve of deer park drive while the rear property line tapers at the sharp

[4:09] angle towards the north side of the property, creating a drastically diminishing building

[4:13] envelope on the left side of the property. You can see that the original house

[4:18] designed attempts to respond to this diminishing building envelope, but still

[4:22] exceeds the rear set back in several areas across the back of the house. In addition

[4:27] to this diminishing width north to south, the property is wider than it is

[4:32] deep, which is an unusual condition in the city of Bellmeade. If you look at page two,

[4:39] You'll see our proposed site plan, the existing footprint of the house is shaded in gray.

[4:46] Our proposed screen porch is highlighted there in red.

[4:50] I'm going to show you here this long edge of the screen porch.

[4:53] Like I said earlier, it extends about 18 feet from the back wall here.

[4:57] This shorter side extends about 9 feet from this intersecting wall right here.

[5:05] However, even though we are increasing the depth of the house right here where the addition occurs,

[5:10] we're actually not going beyond this wing on the back right side of the house here.

[5:16] In fact, the back of our screen porch is still about three feet shy of the back wall of the right wing of the house there.

[5:29] So, the portion of the screen porch that is outside the building envelope is accounts for

[5:35] 366 square feet, the total screen porch footprint is 412 square feet.

[5:41] We believe in approval of this variance request would be without detriment to the public

[5:45] good.

[5:46] Nor would it disrupt the harmony of the neighborhood for the following reasons.

[5:50] The proposed screen porch does not extend past the perceived back of the existing house.

[5:55] The porch is being built over an existing patio area, so we are not significantly increasing

[6:02] the hard-skate area on the lot.

[6:04] The rear property line is already screened by a very dense evergreen hedge that will

[6:09] remain.

[6:11] You can see that in the aerial photography there on page 4.

[6:16] I believe the landscape plan calls for even additional evergreen planting along the backside

[6:22] their closer into the screen porch. Furthermore, there are existing setback non-conformities on the houses

[6:30] to the right and left of this property. And finally, we'd contend that the variance request

[6:35] is directly related to the irregular shape of this particular lot. So with that, I'd happy to answer

[6:41] any questions you might have.

[6:44] The only question that I think I have, and I think it was answered by the photo a second

[6:48] go put the terrace in the fountain. They're already there. Or maybe I mean it's already a patio back there.

[6:56] There is a patio back there. You can see it. Here this is actually an older image. This is a

[7:01] more recent image, but you can see this this area. These two doors, if you could slide to the,

[7:09] yeah, there we go. These two doors are existing. We're kind of adding a center door there, but the

[7:14] reports will happen basically where that seeding arrangement is and there is a fountain

[7:20] right there. We are proposing to modify that fountain. We're just going to make it less

[7:27] wide. So it does not exist.

[7:30] Stand as far off of that retaining wall there. So you can see in the landscape plan, there's a new pathway that goes between the screen porch and that fountain. So the fountain sheets back, but it is a fountain there, yes.

[7:43] Okay. Questions for the applicant?

[7:48] Do you have any letters from neighbors?

[7:53] Not that I'm aware of. I don't think anybody has submitted.

[7:59] Any other questions for the applicant?

[8:06] Thank you.

[8:10] Okay.

[8:11] We'll close the applicant portion and open the public portion.

[8:14] There's anyone here who wishes to speak to this application.

[8:19] Mary, it sounds like no public letters or letters from neighbors.

[8:23] That is correct.

[8:23] I didn't receive any response from a journey property owners.

[8:27] Okay.

[8:27] We'll close the public portion and start the board.

[8:32] Deliveration portion.

[8:35] Let's hear Mary's recommendation.

[8:38] Thank you.

[8:38] Staff recommends approval.

[8:39] Although this is an irregularly shaped lot, it's almost twice as wide as it is deep, typical

[8:46] Bell-Mead-Lots are deeper than they are wide.

[8:49] Again, as the applicant stated, they're not proposing the rear projection beyond the existing

[8:54] building in-loop, and also this is a screened-in porch element, so there's a level of transparency

[9:02] with the structure itself.

[9:04] If the board chooses to approve it, I would request that you make a condition that the landscape

[9:09] plan be approved as well. So the landscaping must be installed prior to a certificate of completion of the

[9:17] porch. So when they win the porch, when there's a visit done to do the specific occupancy,

[9:27] you want the or you suggest that the landscape would be done by that. Right. And typically when

[9:32] applicants propose a landscape plan using it as justification for the request for a variance saying,

[9:38] Well, this landscaping is going to buffer from the neighbors

[9:40] and the landscaping has to go in.

[9:43] So would this be the landscape plan?

[9:45] Correct.

[9:46] We would approve or deny.

[9:56] Before we ask Charlie, is that an issue getting the landscaping in

[10:01] before the final certificate is?

[10:04] I don't think that would be an issue.

[10:06] Gave and Duke is actually the landscape architect.

[10:08] I don't know if you would want to jump in.

[10:10] I don't know what to say anything about that, but if you can, no, you can speak during

[10:14] yeah, sure.

[10:15] Yeah, even to do landscape architect, yes, we would plant that.

[10:18] We planned to have evergreen single trunk trees on the back of that, that would screen

[10:24] that out in this rear area.

[10:29] And then Charlie kind of stole my thunder, but we're going to cut down the fountains eyes

[10:34] And then we do have some other landscaping there, but we haven't gone beyond the existing wall.

[10:41] That all that wall was existing now.

[10:42] But no issue with Mary's suggested sequence of...

[10:45] No, we definitely can.

[10:48] Okay, yes.

[10:51] Okay, what?

[10:52] Can have a motion.

[10:53] I make a motion.

[10:54] We approve the request for the variance.

[10:59] And part of that would be to have the landscaping installed for this plan.

[11:02] So we have a motion that is essentially to approve as submitted with the added condition that the landscape can be done as we've discussed and as Mary suggests.

[11:17] Okay.

[11:17] Second.

[11:18] We have a motion in a second.

[11:19] Second.

[11:23] Second.

[11:24] Second.

[11:34] difficulty to get this within the envelope. So anybody have anything they want to say?

[11:41] Okay. Let's vote Carter. I vote aye. Aye. Aye. Okay, variance is created. Thank you.

[11:52] Thank you. Sure. Thank you. The next case is A2636-1225, Jickering Road for variance your front yard

[11:58] and rear yards up at the applicant can come up please.

[12:10] Let's see, Mary, can you go to a site plan there we go?

[12:16] That's the existing lot as it is now.

[12:20] We met with staff and worked through a couple of scenarios

[12:23] as far as where, you know, working with this house

[12:28] and the desire is to have a center courtyard

[12:32] because it is on East Brookfield

[12:35] And there is a bend, this is not as irregular as the last one, but it is sort of a regular

[12:41] lot that cuts in.

[12:44] And our proposal is to screen the proper long, a long east for field.

[12:51] So that would be tied into this project that we would screen that, but in the block, it pretty

[13:01] much matches the side setbacks for a lot of the houses along Chickering.

[13:07] It is getting a little bit closer to East Brookfield, but with the screening, I think that

[13:12] will buffer that closeness to that part of the road, so that we can, you know, instead

[13:23] by the rear set back, we're kind of encroaching a little bit back on that as well,

[13:31] but that's

[13:32] our very short quest is to have this original set back would take it way into the, it was

[13:40] unbuildable. As far as Mary is that in there as well,

[13:46] where the allowable,

[13:50] so this, sorry, this

[13:53] This is the allowable set back here, and so we're asking for a variance to kind of ease that so that we can get a reasonable amount of room for the house in that envelope,

[14:15] and also the architect is here to speak to the architecture of the house.

[14:22] Hi, my name is Celeste Robbins. I'm the principal at Robbins architecture, and

[14:29] Let's see, so gave and kind of gave a little of

[14:32] Prep it is in your regular lot, but it's also a corner lot, so I think that's kind of the biggest hardship for the us being able to do it

[14:40] We wanted to do for the owner for George in Virginia. There's oh, you're gonna pretty picture too

[14:47] This, what we did was, I guess, try to thread a needle in terms of accommodating what the

[14:55] site setbacks were on both Brookfield and Chickering.

[15:00] And also kind of keeping in with the scale and what you're trying to accomplish with the

[15:06] variances, the variance to keep the neighborhood flow. And I think what we've, you know,

[15:13] why I was hired was I think one of the reasons is just my commitment to maintaining a connection

[15:18] to nature with my homes. And because this was on a park and the setting and the kind of the

[15:24] landscape of this area, that was one of the goals is to keep the park light setting,

[15:30] keeping a low single story home, an agent place home, and still fit within the context

[15:37] of the neighborhood.

[15:40] So, there we go. So, as you can see, the amount of land is here,

[15:46] and what would have been the buildable area was a pretty small area by the time you do the

[15:55] So we had worked with Mary just asking to get familiar with the history of this property and with the setbacks.

[16:05] I'm kind of learned a little bit about the fact that it needed to be curved and getting caught up on the rules of the area.

[16:15] From this side I think we're 61 feet from the street edge.

[16:19] And that's just, that's from the roof, were about a little bit, I think it's just 14% of the back area is over the setbacks for the rear.

[16:31] I think it's 20% on the setbacks.

[16:33] And you can see with the design that the home is kind of setting itself in a stepped way to accommodate that curve.

[16:44] I think, I think I could answer questions, I think I've said enough.

[16:50] Questions for that?

[16:51] I

[16:55] can't read those numbers, but Mary, you might be able to tell us how far, so the

[17:05] the encroachment, I mean, the setbacks, what they are now and what they're proposing,

[17:09] what's that difference?

[17:12] They are compliant with the front yard setback on the shickering and on the side, so from

[17:18] birth field it's supposed to be 100 feet and they are asking for 61, so that would be a 39

[17:23] foot encroachment and then on the rear it's required to be 70 and there at 65 for a couple

[17:32] of small sections where it clips it. So trying to, for not trying, kind of I think our goal

[17:39] of the house if you know that area, there's a lot of single story homes as you, as you go down

[17:45] that street which was also the goal of this family wanting to keep it age in place and on one level

[17:51] And I think architecturally, I kind of was, you know those toys that were like, I don't know, that might be an old toy, which was like a clown and you could squish it and then the eyes would pop out.

[18:02] I kind of felt like that's what we were trying to do here is like keep it.

[18:07] You know, within the setbacks of the property of what was asking for, because I think if we had just followed where the set, where the building envelope was, it would end up just being this little box that sat out a scale.

[18:21] within the neighborhood, and I felt that, you know, we kind of felt like the single story, even though we're asking for a setback was actually honoring more of the context, and kind of the scale of what was going on in the surrounding, so I hope the renderings kind of gave you an idea of how quiet the house is.

[18:38] Thank you. Any other questions for the applicant?

[18:46] Thank

[18:49] you.

[19:01] Okay, as, I don't know, go ahead, go ahead, he's a property owner.

[19:08] So he's technically he's an applicant.

[19:09] Hey, I'm George Lassenby, I'm a wife and I don't know why, I mean, I think what the challenge

[19:15] is for this lotter that being the plotted setbacks is a front setback on the East Brookfield

[19:21] side as well as the Chickering Road side.

[19:24] So what we're asking for is basically the ability to build a reasonable home on a lot

[19:32] this size and to accommodate that this is actually the side yard, not a front yard.

[19:39] When we studied this, so when we looked at along the all around the adjacent homes, the average

[19:46] combined setback for the side yards is 86 feet. Even with what we're asking for, we're

[19:54] at 104 feet. So it's quite generous as compared. We're not going to be closer to any

[20:02] other home with this requested setback than what is average for the neighborhood. So that's

[20:09] So the challenge is two fronts at the curvature of these more and more and more and more.

[20:16] And the diet is clean, clean, put the wine and clean to the bottom.

[20:20] Okay,

[20:24] I'm sorry.

[20:24] I'm not accustomed to being in front of a camera.

[20:28] So anyway, that's the main thing for us is that we were trying to build a house or trying to build a house that will create some privacy for us.

[20:39] And accommodate the neighbors.

[20:42] So thank you.

[20:42] Thank you.

[20:44] Questions for either for the applicant?

[20:48] Okay.

[20:48] Let's close that portion off.

[20:50] Go to the public portion.

[20:51] I think we establish just nobody here to speak from the public on this application.

[20:55] So Mary, what are the letters?

[20:57] Yes.

[20:57] We did receive two letters of support.

[20:59] We did not receive any objection letters.

[21:02] I do know that the applicant did share the plans with the surrounding property owners.

[21:05] Okay. Great. Close the public portion, open the board, deliberation portion. Can we have a motion?

[21:17] Motion approved. Okay. We have a motion to approve as submitted. Second.

[21:23] Second. Okay. We have a motion in a second.

[21:25] Excuse me. Mary, what's your, I'm sorry.

[21:30] That's okay.

[21:32] The staff recommends approval on this one.

[21:36] Again, as far as the rear sit back, it's really nominal.

[21:39] There's only a couple sections of the structure that would exceed the rear yard

[21:44] sit back.

[21:46] As far as the front along, he's fulfilled.

[21:48] This is a 100-foot plated front yard sit back for birthfield.

[21:54] Again, but if you look at the site because of the curve, this house wouldn't necessarily

[22:00] line up with the house's on-profile because of the curve.

[22:04] So it wouldn't be really projecting forward, visibly.

[22:08] The Board of Zoning Peels did approve a very similar

[22:10] variance a couple of years ago for a house that ultimately

[22:14] did not get approval for construction through HCC.

[22:19] But that this issue with this front set back on for field

[22:23] has been discussed previously with the BCA.

[22:30] I think that on this side of Chickering Road, it's common to have or not. Uncommon to have one story houses. I'm starting to see this trend,

[22:39] to be a lot of people are wanting to stay in Belme, to an aging place, as they say, and have one story houses.

[22:45] So I think the one story house would fit nicely into the context of the existing architectural fabric of this side of Chickering.

[22:52] But when you have one story house, it takes up more ground space, and therefore you start bumping up against the setback.

[22:58] So, with those things stated, I'm recommending approval.

[23:04] So, if it were within the setbacks,

[23:07] am I hearing that it would be out of character

[23:09] with the other houses on that?

[23:10] If it was in the setbacks, it would be a very, very small house.

[23:16] And it would be four-segalob.

[23:18] Exactly.

[23:19] Which would be out of character with that structure?

[23:21] Correct.

[23:23] It'd be oddly shaped, very stout.

[23:25] Okay.

[23:27] You know, we have a motion and a second discussion in the end recommendation.

[23:36] I mean, I, you know, the hardship of being on the corner a lot isn't really a part.

[23:43] I mean, it's just facts.

[23:45] You know, really, I think that's a hardship.

[23:47] I love on the corner a lot, and we have to deal with the same thing.

[23:49] But I do appreciate the one story I appreciate the, you know, how she is adapted it to the curve.

[23:58] I think art actually is lovely.

[24:00] And I think the curve of the road does, you know, accommodate the setback where it's not super visible.

[24:09] But I do kind of go like, is, you know, it's a hardship or not.

[24:14] But I, I mean, I appreciate the architecture and I feel like it's a,

[24:18] the one's story, that's how to keep the scale more in shock to neighborhood.

[24:27] So.

[24:28] You know, I agree.

[24:28] I don't know.

[24:31] If the intent, if our job is to make sure that houses are in construction

[24:36] has done consistent with the way that the street, the neighborhood flows,

[24:41] then it makes sense to in my life.

[24:44] Yeah.

[24:44] if the variance would be warranted, what does everybody else think?

[24:48] Yeah, I don't have a problem with it, but I do have one question.

[24:51] I don't know if it's mayor or Doug.

[24:53] Or setbacks measured from the street or the property line?

[25:02] There are facing a street, go from the street,

[25:07] but the others go from the property line.

[25:08] That's how I would look at it.

[25:10] I think we've discussed this before, but the code doesn't say

[25:13] how to measure it as long as it's consistent, whichever way you choose to.

[25:18] So, if you're determining a front yard step back for property, if you measure all the joining properties from the property line, then that then you measure the subject property from the property line.

[25:29] If you measure everybody when a thousand feet on each side from this edge of pavement, then it's edge of pavement for the new house.

[25:36] Typically, I allow people to do edge of pavement because it's faster and cheaper for the surveyors to measure from the edge of pavement than having to cite all the corner markers for the right away.

[25:48] Yeah, if they got to do that anyway, they got to mark the property line.

[25:52] Yeah, but to calculate all the adjoiners.

[25:56] You know what I'm saying?

[26:00] Any other comments or discussion on the application?

[26:05] I'll comment that I appreciate the applicant and the city working together to solve

[26:13] for a challenging corner lot, which I know is not the hardship,

[26:18] but corn a lot's are more challenging but certainly the shape of a lot with the bin creates

[26:25] some challenges and because of the deep setbacks in this area of town, you know, what was

[26:33] said earlier about having a squatty high rise in the middle of that lot is not I don't think

[26:44] in keeping with the neighborhood, and this is very much

[26:47] in keeping with the neighborhoods.

[26:50] I appreciate the investment and time

[26:54] and thought that went into this.

[26:57] All right, let's vote, Johnny, start.

[27:02] Approved, approved.

[27:03] Approved, I vote, aye.

[27:06] OK.

[27:09] Thank you very good.

[27:10] Next case is case number 826-37-2070.

[27:15] One sunny side drive, a conditional use for swimming pool.

[27:17] and a variance for retaining walls over three feet in height.

[27:29] I'm going to get used to this setup we've got here with it behind me as I talk to you can take

[27:34] them. Can you hear me? Yeah and you can take it with you.

[27:40] Hello.

[27:46] My name is Ann Day. I'm landscape

[27:48] architect from day-rick landscape architects. I'm representing Tammy. Uh oh.

[28:00] Are you sure that seems a little

[28:01] to me actually.

[28:07] Okay.

[28:08] Well, I'm representing Tammy and Carlos Hernandez.

[28:12] They are at 201 Sunnyside Drive.

[28:16] I wanted to start it out by saying that the Hernandez purchased 201 Sunnyside Drive

[28:22] knowing that they would be tearing down the existing house and building a new house

[28:28] and that it would need to be facing Bill Me Boulevard.

[28:31] Prior to purchasing the property demo has already been approved by the HCC on the condition

[28:38] that the new house must face Bell Me Boulevard.

[28:41] So that's already been approved.

[28:45] Looking at the, oops, can we go back to the context map?

[28:52] I just wanted to point out, yeah, this map.

[28:55] the magenta that's 211 sunny side and you can see that all of the houses in blue but well this

[29:02] is building the microphone police yeah or after me okay this is sunny side drive the magenta

[29:17] and you can see that it faces both building boulevard and the sunny side drive and also the neighboring

[29:24] properties have the same condition, but the difference of these three properties is that the

[29:29] two on either side, although they both touch sunny side and bill made, the two on either side

[29:34] actually face bill made bill of art and our properties only one on this section of bill made

[29:39] bill of art that does not face the bill of art and it faces sunny side drive.

[29:46] And I was actually going to

[29:46] show there's a couple of pictures over here just to show. These are the houses on either side,

[29:51] can see the beautiful sweeping drives up there in the distance is the house. This is the

[29:58] house that faces. We're looking at the back of that.

[30:00] House that's facing Bill Meble of Art here. And then these are the prop, this is the house to the left. And then you can see the house over to the right that's the, at joining neighbors.

[30:15] And then you can see on the backside or the front of the house, I get confused, talking about it, but on the, this is the front of the current house and it's just at level and you can see on the backside it drops off. To, to a walk out basement on that side.

[30:33] I wanted to just quickly look at the existing survey.

[30:37] There's just a few things.

[30:39] Just to note, you can see that it touches Bell Me Boulevard, Sunnyside Drive.

[30:44] This is the front of the current house.

[30:47] One thing I did want to point out is how much the house has been dug out to have that walk-out

[30:54] basement.

[30:56] So, basically, our goal is to be to try to get that grade back to its natural grade instead

[31:00] of carving it out and creating that big, you know, grade change with the existing grade.

[31:12] All right, so to the master plan, the main objectives for the master plan, basically we

[31:22] wanted to cite the house within the building envelope. We also established the finished

[31:27] floor elevation. Also obviously, I just said we had to face the house towards

[31:32] building bull of art. And doing so we wanted to create a beautiful sweeping driveway off of

[31:38] building bull of art to kind of match the properties on either side. In addition we added

[31:44] this nice motor court that kind of has a circular effect so that the people the guests can

[31:48] come and go without getting clogged up there in the back of the service court. We also wanted to

[31:54] bring the grade back to its natural topography and create a gradual interest sequence to the front

[32:01] doors, you can see how we've, this is where that sunken area was and we brought it back

[32:07] to match the natural grade of what's there.

[32:13] Our clients wanted to add a pool and spa, so we were trying to work it within the building

[32:18] envelope, also they have a walkout basement and they have to have this tall wall for

[32:26] He graced purposes, they wanted perimeter fencing, privacy screening from sunny side, which

[32:31] we provided in lawns and gardens.

[32:35] So I was just saying all that for context.

[32:38] What we are asking for is basically, we are wanting to build a wall taller than three feet

[32:43] at the walk-out basement.

[32:46] You could argue that this is a part of the house.

[32:50] It is necessary for egress out of the basement.

[32:53] It also will bring light down into the basement.

[32:56] I want to note that this wall is free standing three feet from the outside, so that's all you'll be seeing is a three-foot height wall from the outside.

[33:05] No one will ever see the height of this wall except from being inside the basement looking out.

[33:11] We are also asking for a conditional use to build a pool and spa within the building envelope.

[33:17] We are tucking the pool and spa within an interior courtyard.

[33:21] No one will see this pool and spa from the outside.

[33:26] The exterior walls indoors within the courtyard will satisfy the pool enclosure requirements.

[33:34] We did host a neighbor get together.

[33:37] Earlier, I guess it was about a month ago.

[33:40] So the Hernandez could meet their neighbors and kind of show them the plans and what we were working on.

[33:45] And everyone really loved the idea of not being able to see the pool that it's within, the interior of the house.

[33:54] They were also very happy to see that the house was flipped to be facing building boulevard to be more in context with the boulevard itself.

[34:04] And they also really liked the architecture of the house and appreciated an updated house.

[34:09] I'm to increase their property values.

[34:14] So, I guess that's it for us, I'm always getting right, did you want to talk any further

[34:20] or you don't have to, but talk about it.

[34:28] Oh, when we do, I think we had, last I checked.

[34:31] We had two neighbor letters of support.

[34:34] I'm not sure how many we ended up getting, but I know we have at least two.

[34:39] Hello, buddy.

[34:40] My name is Brett Green and with Oxford Architecture Architect for this project,

[34:44] represented in Hernandez's. As Anne mentioned, we're working really within the context of all the

[34:51] setbacks, height restrictions, you know, we met with Mary. When we first got started on this

[34:57] product to make sure we were kind of working within the zoning regulations for the property.

[35:04] Really all we're asking for today, I think, is this one wall where we're kind of digging out

[35:10] our basement down here. So it's just a minor wall, but it obviously has to be deeper than

[35:17] three feet allowed just to get down there. So our goal is to bring something beautiful to

[35:23] the neighborhood and I think we will do that with this application and as we kind of move forward

[35:29] through the HCC. But yeah, that's really all wanted to point out it. We're not asking

[35:36] for any setback experiences or anything like that, just this basement wall that you see

[35:42] there. How tall is the wall? I know you can only see three feet from outside it, but

[35:49] how tall is it going to be?

[35:53] Okay. I think it'll be eight people low the grade.

[36:01] Okay.

[36:02] So 11 feet. But visually from the outside, all you're going to see is like three feet above

[36:07] not great. Okay.

[36:12] Questions for the applicant?

[36:22] Okay. Thank you. Okay. We'll close off the applicant

[36:26] portion open the public portion. Anybody in the public wish to speak to this application?

[36:30] Why don't you somebody take the mic over? Will reach your SD?

[36:44] I'm Frank Sheffield. I live at 200

[36:46] sunny side drive. What I want to know is is the House on 112 Bell Me Boulevard has a

[37:00] extension onto their back to face the sunny side drive

[37:13] there off the street at

[37:14] Boxley, 69 feet. I wanted to make sure that whole line stayed the same coming down

[37:21] towards the circle.

[37:26] I don't know what this applicant should go beyond it.

[37:30] I said, I came down and voted for the demolition, but at the time I wanted to make sure that

[37:36] we maintain the consistency of

[37:44] this,

[37:47] I think, as you want to, what's within the setbacks,

[37:50] right, Mary? Correct, that rear yard setback from the edge of the right of way for a Sunday

[37:57] site, not the edge of the road, but the edge of the right of way is 60 feet. And that's where

[38:05] I'm not sure what that setback is.

[38:10] I can do that really quickly.

[38:12] Hold on.

[38:14] While you're doing that, if it's within the setback,

[38:17] there's nothing we can do about that.

[38:19] That is correct.

[38:20] So if it's compliant, then it's compliant,

[38:26] but we can look at the overhead map.

[38:32] I know it's the rear of this property,

[38:34] but it is considered a front yard setback.

[38:37] back there because it does face sunny sign or is it have a separate rear yard set back?

[38:48] It I think in this instance it was a rear yard set back

[38:58] because it's such an anomaly.

[39:02] So 112 is a hundred and there's 165 feet back from sunny set. Yeah.

[39:12] Okay, you're taking it from the property and I'm not the street, right?

[39:16] Correct.

[39:17] The existing house that's at 201, sunny side is about 75 feet at the closest point.

[39:28] I'm okay if you're maintaining the same circle because what that is, a little corner circle

[39:35] is the property of LME just on the front, I just found it out.

[39:39] Yeah, the circle is, yeah, the landscape island is the cities.

[39:48] It's in the right of way.

[39:55] I'm okay then, was it?

[39:58] Well, I think it's going to be, I don't think that's even, they're not asking for that setback

[40:02] to be listed.

[40:03] No.

[40:04] Even if we didn't like it, there's nothing we could do about that as long as there was

[40:08] in whatever the, the allotted.

[40:10] I'm just trying to make sure that I don't have it right on the, on the, on the street

[40:15] It's what I'm trying to do.

[40:16] Yeah, the setback is not changing, based on application, right, Mary.

[40:21] Great.

[40:21] Okay.

[40:22] Thank you.

[40:26] Any other comments from the public?

[40:29] And then, Mary, we had a couple letters.

[40:31] Sounds like.

[40:32] I think we received a letter support from the RISNIC.

[40:35] Which are ironically one, twelve.

[40:38] That property did the south.

[40:40] I haven't received any other letters or letters of objection either.

[40:45] Okay.

[40:50] Yeah, I'll be going to come up here and I'll see.

[40:53] What will be the problem?

[40:55] Or else it doesn't pick up in the wreck in the transcript?

[41:01] I'm Deborah Brian. I'm Frank Schiff, I'll start.

[41:04] All you want to do is he's supporting it.

[41:06] Okay.

[41:06] 200, sunny side traffic.

[41:09] Thank you.

[41:12] Okay.

[41:13] So we've gone through the public portion.

[41:15] We've heard letters of support.

[41:17] No letters in opposition. So let's close the public portion open the deliberation portion. First we'll get Mary's recommendation

[41:24] Steph recommends approval on both instances. The pool meets the condition of use criteria.

[41:35] And the

[41:36] The wall height is just a little bit over three feet on this short side. I mean, it's well over eight feet on the the downside of it, but that won't be visible from a joining property owners

[41:46] It's going to be in a basement well, so because of those two reasons I recommend approval.

[41:52] Okay, why don't we just to keep this clean, do this in two separate steps.

[41:58] So let's do, let me move to divide the question, anybody have the opposition to that.

[42:03] Football then we'll do the law.

[42:07] You okay with that?

[42:08] I'll second.

[42:08] Okay, all of favor.

[42:10] Okay.

[42:11] Okay, so let's do the pool, which is just a conditional use, kind of motion on the pool.

[42:16] I make a motion.

[42:17] Okay, so we have a motion in a second on the conditional use for the pool, any discussion?

[42:25] Good eye.

[42:25] Press forward.

[42:28] What's the color?

[42:30] Approved eye.

[42:33] Hi.

[42:34] Hi.

[42:34] Okay.

[42:35] Conditional use on the pool is approved.

[42:37] So now, can I have a motion on the wall?

[42:39] I'll make a motion set for you for a while.

[42:41] Second.

[42:42] So we have a motion in a second on the wall, any discussion?

[42:45] I mean, it seems straightforward.

[42:46] I did have one question.

[42:47] Okay, how do we make sure nobody falls into that hole?

[42:51] That's a web feed deep.

[42:53] That's the purpose of that.

[42:56] I can answer that question.

[42:59] It's going to be the short side.

[43:01] It's going to be a wall that's three feet above grade.

[43:04] And then similarly, there's a building code requirement that they

[43:08] has to be a wall and or combination of railing that's 42 inches.

[43:13] So there's a railing on top of the wall.

[43:15] Correct.

[43:19] The wall is the railing, so it's creating that guard rail between falling over.

[43:26] So it's going to still refeed above the door.

[43:27] So it's basically hip-hide, and if somebody falls over, they just fall into that hole.

[43:33] Well, it's within the height of a standard guard rail, which is 36 inches, so I mean, that

[43:40] technically should keep both people from falling in there.

[43:43] It's our building code.

[43:44] It's 42 inches.

[43:45] So yes, if somebody flips over the 42 inch railing, they would fall into the base of my wall.

[43:52] Well, three feet is not 42 inches, so my missing size is correct.

[43:55] No, it isn't. It's 42 inches, so it's three and a half feet.

[43:59] I was very happy.

[44:01] Thank you.

[44:05] Any other questions or discussion?

[44:12] It sounds like it's three feet to the naked eye from the outside.

[44:19] And they've complied with the railing requirement.

[44:22] No, it's 42 inches from the ground on that side, not three feet.

[44:28] Okay, three to that.

[44:34] Any other discussion or thoughts?

[44:36] I think that should be part of the motion.

[44:40] Make it three feet.

[44:41] Make it 42 inches, whatever the code is.

[44:44] Well, they ask for three feet, but that's.

[44:46] It's the required invariances that it's over to cheat.

[44:50] Okay.

[44:50] Yeah, and it's got, but it has to marry. It's going to be 42 inches. If we approve the variance, it's going to be 42 inches.

[44:56] Can't we just approve it? Correct. You can't trump. You can't trump the...

[45:00] It's greater than three feet. It's greater than three feet. Right. Yes. And it is over three feet. It's going to be 42 inches.

[45:06] And I think we just agreed it. I think we just approved it as it's proposed. That's fine. Right.

[45:11] How do I make it for you? That's fine. Okay. Any other questions or discussion? No. Okay. We have a motion in a second. So why don't we vote?

[45:23] Hi.

[45:25] Hi.

[45:26] Okay.

[45:26] It's approved.

[45:27] It's submitted.

[45:29] Thank you.

[45:30] Last case tonight is 82638, 4412, Chickering Lane, for variants for retaining wall

[45:37] over 3 feet and night.

[45:49] Is it still your name for the record, sir?

[45:52] Hi.

[45:53] I'm Justin Donovan with Richard Williams Architects.

[45:57] Yes.

[45:58] up here. Okay. I'm Justin Donovan with Richard Williams Architects. We're working with

[46:04] Derek landscape architects here representing Todd and Eony Leary. We're requesting

[46:13] a variance for a retaining wall over three feet. If I could start by looking at

[46:22] vicinity map, maybe page two, Mary, we can see the lot is in a regular flag shaped

[46:30] lot of moderately steep terrain rising over 180 feet from chickering lane to the rear

[46:38] of the lot. So very steep lot, the building existing building, existing house, we've

[46:52] of the existing house and a relatively small clearing at the top of this wooded hillside.

[47:03] So next slide shows the existing site plan.

[47:08] We see the existing building, let's get it in a slated for demolition.

[47:13] It's around the footprint, by the way, is around 7,000 square feet.

[47:18] There's an existing fountain to be removed to remain as an existing detached garage building number two swimming pool item number three and existing

[47:31] retaining walls that are

[47:34] much higher than than three feet at the back and it's they're holding the hill side back creating this open

[47:44] You know building building site

[47:46] The next slide shows our proposed footprint, and the whole idea here is we've designed a house that is a more compact footprint that is built at the edge of the buildable site,

[48:03] We're avoiding removal of trees, but we're really, we've designed a house and garden at the

[48:15] top of this beautiful, you know, we're light and opening and garden or at a premium.

[48:24] We've really tried to, instead of occupying that open space with the house, we're just building

[48:30] at the edge following the existing contours, but yes, number three there identifies the retaining

[48:38] wall.

[48:41] Maybe the last site plan there again. This is the retaining wall that is greater

[48:49] than three feet. And it allows circulation to the front entry, and we'll see a couple renderings.

[48:58] I guess, yeah, we can look at the next proposed elevation, we'll have to zoom out to see

[49:06] the retaining wall here, 11 feet, 4 inches at max height.

[49:13] This is facing checkering lane, but it's quite a distance up the hill, not visible from

[49:18] checkering lane.

[49:20] And technically it's the front of the house, but really the next image, the east elevation

[49:28] is the arrival elevation that we see a section cut through the 11 foot floor tall wall.

[49:37] Yes, that's the front door and next we'll see a rendering of the proposed house and the

[49:48] site wall.

[49:51] This would be from the driveway as you're ascending and going up the hill.

[49:55] Next view is you're arriving and here we are the parking court, motor court and we're seeing

[50:03] that wall and it creates a entry garden for the front entry.

[50:16] It might be the version of our PDF but let's see the next image might not be in the order

[50:26] We're expecting if we, you want to jump forward to the site plant rendered site plan?

[50:35] Let's do that.

[50:36] Let's advance to the colorful site plan.

[50:41] Or maybe you want to look at the existing photos.

[50:51] And day landscape architect.

[50:55] So,

[50:58] I had kind of wanted to expound upon what you were saying on the survey, could you go to the existing survey?

[51:05] Mary, please?

[51:06] Yeah, right here.

[51:08] I actually did a little math and I thought it was interesting that the house sits approximately

[51:14] 778 feet from jickering lanes.

[51:16] you really can't see it from the road.

[51:20] And as Justin pointed out, it is 182 feet

[51:24] from the road all the way to the highest point,

[51:27] which equals roughly 18 stories,

[51:30] which I thought that was an interesting little exercise.

[51:34] So it's a really very steep site heavily wooded.

[51:38] And I wanted to point out, as Justin mentioned,

[51:41] the only flat area that we have to work with

[51:43] is where that existing house was.

[51:44] It was such a big footprint by reducing the footprint.

[51:48] It's really opened up some flat area to create more garden space.

[51:52] So we're really excited about that.

[51:55] And here's some just existing photos.

[51:57] You can see this is from Chickering Lane at the entry.

[52:03] You really can't see when the trees are lived out,

[52:06] especially you can't see anything up there.

[52:09] These are just some other views as you come up the driveway.

[52:12] This one over here on the right is important because that's

[52:15] Basically where the house is going to be sitting on that slope, and you can see where that wall

[52:21] is going to be going right there where Mary's pointer was, so you can see how much grave

[52:27] we're working with right there.

[52:30] And this is the existing pool. It's pretty dated. It pretty much overflows every time it has water in it, or rains. And so our intent is to just renovate the pool, but we're keeping it in the same square footage and just renovating the pool.

[52:46] And these are some examples of the walls. The Tennessee Philstone walls that we're going to keep and we're working within. So just so you get a sense of some of the existing walls on the site.

[52:56] And

[53:01] then if you could go to that the master plan, Mary, I think it's Z0.0.

[53:15] Remember if it was, is it last?

[53:26] Well, there is a colored rendering somewhere. If you can keep flipping through,

[53:42] it's at the very end.

[53:45] Here it is.

[53:47] Yeah. Okay.

[53:52] In just a general overview, we're really not asking for anything here.

[53:57] I just wanted to give some context how we're utilizing that flat space that was created

[54:03] by the existing house and creating more garden space.

[54:07] We are working within the bounds of the existing walls, thus minimizing disturbance.

[54:14] And we are also renovating the existing pool and I wanted to kind of reiterate some points that Justin made about the wall that we're asking for, which is here.

[54:29] We're asking for a wall that's higher than three feet.

[54:33] I would say it's arguably a continuation of the house.

[54:38] The house itself is acting as a retaining feature,

[54:43] and the wall is necessary to hold up the entrance

[54:45] to get to the front door.

[54:47] So basically it's kind of a continuation of that

[54:50] as the house opens up to the lower story as it meets back up.

[54:56] And so we basically just need to fill this area

[54:58] so they can get to their front door.

[54:59] And as the gray drops off, it basically feathers out to be zero and height at that point.

[55:07] So the gray just drops off.

[55:08] And I did try to look at doing it in three foot increments to tear us this out.

[55:14] And as we did it, it just kept chasing the grade.

[55:17] And it seemed way more complicated than it needed to be.

[55:20] So we felt like it would be less disturbance to just build a tall wall,

[55:24] get it over with, and just not disturb the grade more than necessary.

[55:29] So, that's kind of where we landed on that.

[55:32] So, I think that's it.

[55:37] Thank you.

[55:38] Questions for the applicant?

[55:49] Close the applicant portion,

[55:50] anybody in the public wish to speak to this application?

[55:55] Any letters, Mary?

[55:56] No, I didn't receive any letters for against.

[55:59] Okay, let's close the public portions.

[56:02] Start the board portion, Mary.

[56:03] What's the staff recommendation?

[56:05] Staff recommends approval.

[56:07] So I had long discussions with the applicants on this, about the argument that it was part of the building itself, and I tend to be very conservative with my interpretation of the zoning code, and so I looked at it as kind of, that it's not really part of the house structure itself that it's like an apartments to it, they could have constructed stairs to get up to the front porch, therefore I said it did require just a safe, did require the variance approval.

[56:33] This site is not visible from the chickering nor I believe any of the joining property owners

[56:42] have been up to the site in the dead of winter and it's still not visible.

[56:47] I think the applicants have worked really well trying to use the existing building envelope

[56:52] that's already been flattened as opposed to doing mass creating on this site.

[56:57] I don't have an issue with the small portion of this retaining wall.

[57:02] Again, in a massive scale, it looks like it's part of the house itself.

[57:08] So I don't think that they are using the retaining walls in change of grade to try to

[57:15] deviate from the natural character of that site.

[57:19] Thank you.

[57:21] Motion.

[57:22] I mentioned a break.

[57:25] Motion in a second.

[57:26] discussion? I feel like it's well done and it's a part of the site is a hardship. I think

[57:36] they minimize the impact as much as they can and preserve it as it's facing not taking

[57:41] down and increasing it's not that I think it's respectful of the site and feel it's a good solution.

[57:47] I agree. Other comments or discussion?

[57:53] Okay, let's hear some. Let's vote Carter.

[57:58] Hi.

[57:59] I vote aye.

[58:00] Hi.

[58:02] Okay.

[58:04] That's done.

[58:05] Mary's at the last item.

[58:07] Yes, that concludes our meeting for this evening.

[58:09] Thank you very much.

[58:10] Thank you.

[58:13] Motion to adjourn, second, all in favor, aye.

Regular Meeting

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