GOOD EVENING, AND WELCOME TO THE CITY OF DUBLIN, BOARD OF ZONING APPEALS MEETING BEING HELD AT 55 55 PERIMETER DRIVE. THE MEETING CAN ALSO BE ACCESSED BY THE LIVESTREAM VIDEO RECORDED ON THE CITY'S WEBSITE. WE WELCOME PUBLIC PARTICIPATION, INCLUDING PUBLIC COMMENTS ON CASES. THE MEETING PROCEDURE FOR EACH CASE THIS EVENING WILL BEGIN WITH A STAFF PRESENTATION FOLLOWED BY AN OPPORTUNITY FOR THE APPLICANT TO MAKE A PRESENTATION. THE BOARD WILL ASK CLARIFYING QUESTIONS OF STAFF FIRST AND THEN THE APPLICANT. THE BOARD WILL HEAR PUBLIC COMMENTS FROM THE PODIUM. EACH SPEAKER MUST PROVIDE THEIR NAME AND ADDRESS FOR THE RECORD FOLLOWING PUBLIC COMMENTS, INCLUDING THOSE SUBMITTED BY EMAIL. THE BOARD WILL DELIBERATE ON THE CASE PRIOR TO RENDERING A DECISION. JUDY, WILL YOU PLEASE CALL ROLL MR. ANDERSON. HERE. MR. LINVILLE? HERE. MR. MURPHY HERE. AND MS. DALE, SANDRA AND MS. TISK ARE ABSENT. IT APPEARS SO. UH, SO, UH, AS THE FIRST, UM, ORDER OF THE EVENING, UH, WE WILL HAVE A BRIEF EXECUTIVE SESSION TO ADJOURN TO, UH, UH, WITH ALL PRESENT BOARD MEMBERS AND OUR BOARD COUNSEL TO DISCUSS, UH, MATTERS OF PERSONNEL, UH, CONSIDERATION OF PUBLIC OFFICIAL APPOINTMENTS. IS THERE A SECOND? SECOND, MR. MURPHY? YES. MR. ANDERSON? YES. MR. LINVILLE? YES. MR. MOVED. I WILL TAKE A BRIEF RECESS OR ADJOURN FOR THE MOMENT. OKAY. UH, WELL, WE'VE CONCLUDED OUR, UH, EXECUTIVE SESSION, BUT, UH, SEEING HOW WE HAVE, UH, UH, UH, IN ADDITION TO THE BOARD THIS EVENING. WELL, UH, JUDY, COULD YOU, UH, PLEASE CALL ROLL AGAIN? UH, JUST FOR THE ATTENDANCE. MR. ANDERSON? HERE. MR. LINVILLE? HERE. MR. MURPHY? HERE. MS. DEL? SANDRA HERE. UH, MOVING ON TO THE, UH, ELECTION OF THE OFFICERS. UM, IS THERE A MOTION THAT ONE OF YOU WOULD LIKE TO MAKE? UM, YES. I'D LIKE TO MOVE, UH, TO ELECT, UH, PATRICK MURPHY. CHAIRMAN. IS THERE A SECOND? SECOND. AAND. ANDREW ANDERSON? YES. MR. LINVILLE? YES. MS. AANDRA? YES. MS. MURPHY OR MR. MURPHY? SORRY. IT'S FINE. YES. AND I LEAVE OUT ANYONE. OKAY. UH, AND WE WILL MOVE TO ELECT, UH, GARRETT TO THE VICE CHAIR FOR ONE YEAR TERM. UH, IS THERE A SECOND? SECOND. UH, JUDY, PLEASE CALL ROLL. MS. DEANDRA? YES. MR. VILLE? YES. MR. ANDERSON? YES. MR. MURPHY? YES. OKAY. UH, WE WILL MOVE ON TO THE, UH, ACCEPTANCE OF DOCUMENTS AND APPROVAL OF MINUTES FROM OUR LAST MEETING, UM, BECAUSE WE HAVE TWO NEW MEMBERS TO THE BOARD, UM, WHO WERE NOT HERE OR PRESENT, UH, DURING THAT MEETING. UM, YOU MAY SIMPLY ABSTAIN FROM, UH, ACCEPTING THE MINUTES AS YOU WEREN'T PRESENT. UH, BUT YES, JUDY, CAN YOU PLEASE CALL ROLL, OR, OR RATHER, UM, UH, IS THERE A, UH, UH, TO ACCEPT THE DOCUMENTS INTO THE RECORD TO APPROVE APPROVEMENT IS FROM THE APRIL 24TH, 2025 MEETING. UH, IS THERE A SECOND? SECOND, PLEASE. CALL ROLL. YES. MR. MURPHY? YES. MR. ANDERSON? YES. MR. LINVILLE ABSTAIN. MS. DELSANDRO ABSTAIN. OKAY. AND WE WILL NOW MOVE ON TO THE SWEARING OF WITNESSES AND STAFF, UH, ANYONE INTENDING TO SPEAK OR TO ADDRESS THIS BOARD ON ANY OF THE CASES THIS EVENING. PLEASE STAND AND RAISE YOUR RIGHT HAND AND ANSWER IN THE AFFIRMATIVE. DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH IN YOUR TESTIMONY TO THIS BOARD? YES. OKAY. AND WE WILL MOVE ON TO OUR FIRST CASE THIS EVENING. THAT IS, UH, CASE NUMBER TWO FIVE DASH 0 5 3 V, UH, FOR THE ZOBEL RESIDENCE. UH, REQUEST FOR REVIEW AND APPROVAL OF A NON-USE AREA VARIANCE TO ALLOW A DECK TO ENCROACH INTO THE REAR YARD
SETBACK. THE, UH, 0.22 ACRE SITE IS ZONED PLR, THAT'S PLANNED LOAD DENSITY RESIDENTIAL DISTRICT POST PRESERVE, AND IS LOCATED AT 6 8 0 9 HOL BEAN DRIVE. UH, PRESENTING FOR THE, UH, CITY WILL BE ZACH COUNCIL, UH, PLANNER TWO, UH, ZACH. GREAT. THANK YOU. AND GOOD EVENING. UM, BEFORE YOU, TONIGHT IS A, UH, VARIANCE APPLICATION FOR DECK, AS MENTIONED FOR THE, UH, ZOBEL RESIDENTS. THIS IS A NON-USE AREA VARIANCE, UM, FOR THESE TYPES OF APPLICATIONS, WHAT IS BEING REQUESTED IS USUALLY A DEVIATION FROM DEVELOPMENT STANDARDS, UM, AND WHAT'S BEING LOOKED AT, AT BY THE BOARD HERE AND WHAT STAFF HAS PROVIDED ANALYSIS ON IS LOOKING AT ANY EVIDENCE OF PRACTICAL DIFFICULTY OR SPECIAL CONDITION TO MAKE, UH, MEETING THE DEVELOPMENT STANDARDS, UM, CHALLENGING OR IMPRACTICAL. SO SOME OF THE CONSIDERATIONS ARE SHOWN ON THE SCREEN, UM, MOST OF THEM AROUND THE PROPERTY, BUT YOU CAN ALSO BE LOOKING AT SPECIFIC CONTEXT OF THE BUILDING, UH, THAT MAY APPLY TO THE SPECIFIC REQUEST. SO THERE'S A DETERMINATION OF APPROVAL OR DISAPPROVAL THAT ARE REQUIRED TONIGHT. UM, IN THE EVENT THAT THE APPLICANT WOULD PREFER TO TABLE THE APPLICATION, THAT'S ALSO SOMETHING THAT COULD HAPPEN. AND IF IT COMES TO THAT, WE CAN CERTAINLY DISCUSS WHAT THAT LOOKS LIKE. SO THIS SITE IS 0.34 ACRES IN SIZE, ZONED A PLR, UH, WHICH IS A PLANNED ROAD LOW DENSITY RESIDENTIAL DISTRICT FOR POST PRESERVE. UM, THIS SITE DOES BACK UP TO AN OPEN SPACE REVER RESERVE TO THE SOUTH, AS WELL AS, UM, SEVERAL PROPERTIES ON THE SOUTH SIDE OF HOLBEIN DRIVE BACKING UP TO THAT SPACE. SO THIS PROPERTY IS A CORNER LOT WITH FRONTAGE ON BOTH HOLBEIN DRIVE AND ROYAL PLUM DRIVE. UH, THIS LOT IS ONE OF THE LARGEST LOTS IN SECTION THREE OF THE NEIGHBORHOOD, AS IT IS APPROXIMATELY 149 FEET WIDE AT THE REAR PROPERTY LINE AND 120 FEET DEEP. UM, BUT ALTHOUGH THAT IT IS ONE OF THE LARGER LOTS, IT DOES HAVE ADDITIONAL RESTRICTIONS BECAUSE IT HAS FRONTAGE ON BOTH, UH, BOTH, UH, TWO PUBLIC STREETS HERE. SO THERE'S TWO BU FRONT BUILDING SETBACKS THAT REALLY LIMIT THE LOCATION OF WHERE THAT BUILDING CAN BE. THIS PROPERTY DOES ALSO HAVE SLOPE, UH, FROM HOLBEIN DRIVE TO THE NORTH, AND IT SLOPES TO THE REAR OF THE PROPERTY APPROXIMATELY 10 FEET. UM, AND YOU CAN SEE SOME OF THAT HERE IN THE EXISTING CONDITIONS. SOME OF THE PHOTOS THAT HAVE BEEN PROVIDED. SO HERE YOU CAN SEE THE REAR OF THE HOUSE. UM, YOU CAN SEE THAT THIS IS A TWO STORY HOUSE WITH A, UH, BASEMENT WALKOUT BASED ON THAT SLOPE FROM HOLBEIN DRIVE TO THE NORTH. UM, THERE ARE TWO SETS OF DOORS. THERE'S ONE ON THE MAIN LEVEL, WHICH I'LL SAY IS THAT CENTRAL, THE MIDDLE LEVEL, AND THEN THERE'S THE WALKOUT. SO, CURRENTLY AS CONSTRUCTED, THIS HOUSE DOES HAVE AN EGRESS, UH, STAIRWAY THAT, THAT IS ABLE TO GET TO THE BACKYARD, AND THAT'S SOMETHING THAT'S REQUIRED. I WILL SAY THAT THIS DOES ENCROACH INTO THE REAR YARD SETBACK, UM, WHICH AT LEAST TODAY WOULD NOT BE PERMITTED IF WERE TO COME FORWARD WITH THAT, UM, IN ITS CURRENT STATE. BUT THAT'S JUST THE EXISTING CONDITIONS HERE, AND THAT EGRESS IS REQUIRED. AND AGAIN, YOU CAN JUST SEE SOME OF THE CONDITIONS. YOU CAN SEE THROUGH THE REAR OF THE YARD. THERE'S OPEN SPACE RESERVE, THERE'S A WALKING PATH BACK THERE. UM, BUT THERE ARE NO HOMES WITHIN SEVERAL HUNDRED FEET, UH, TO THE SOUTH OF THIS PROPERTY. UM, A FEW OTHER THINGS ABOUT THE SITE ITSELF. UM, THE, THE FRONT OF THE HOME IS APPROXIMATELY 31 FEET FROM HOLBEIN DRIVE TO THE NORTH, AND THE REAR OF THE HOME IS LOCATED APPROXIMATELY 33 FEET FROM THE CLOSEST PART OF THE BUILDING TO THAT REAR PROPERTY LINE. UM, THE AREA WHERE THE DECK IS PROPOSED, WHICH IS HIGHLIGHTED IN GREEN, THAT IT BACKS UP TO THAT MAIN LEVEL DOOR, WHICH IS SET BACK 37 FEET FROM THE REAR PROPERTY LINE. SO, UM, WHAT'S BEING REQUESTED TONIGHT IS A, A DEVIATION FROM THE REAR YARD SETBACK REQUIREMENT. UM, THE, THAT SETBACK REQUIREMENT IS 30 FEET. UM, THE APPLICANT'S REQUESTING A 20 FOOT SETBACK, SO ENCROACHING 10 FEET INTO THAT FOR THIS DECK. SO THE DECK'S APPROXIMATELY 13 FEET DEEP EXTENDING INTO THAT REAR YARD AND 15 FEET WIDE. UM, IF THIS WERE TO BE DENIED BY THE, UH, BOARD TONIGHT, THE APPLICANT WOULD BE REQUIRED TO MEET THE DEVELOPMENT STANDARDS, WHICH WOULD MEAN THEY WOULD HAVE ABOUT SEVEN FEET, UH, TO BUILD THIS DECK, AND THEN THE EGRESS AS WELL TO GET, UM, OUT OF THAT, THAT MAIN STORY EGRESS DOOR. UM, SO JUST SOME THINGS TO CONSIDER WITH THAT. I WON'T GO INTO THE, UH, APPLICANT'S REASONING BEHIND THE, THE VARIANCE. I'LL LEAVE THAT TO THE APPLICANT, AND THAT'S ALSO BEEN PROVIDED IN YOUR MATERIALS WITH THEIR APPLICANT'S STATEMENT. UM, BUT I'LL MOVE FORWARD INTO THE, UM, CRITERIA. SO, UH, THE FIRST SET OF CRITERIA, THE THREE CRITERIA SHOWN ON THE SCREEN, ALL THREE ARE REQUIRED
TO BE MET FOR A VARIANCE TO BE APPROVED. UM, STAFF HAS REVIEWED THIS APPLICATION TO THE APPLICABLE CRITERIA, UM, AND HAVE FOUND THAT ALL THREE OF THESE HAVE BEEN MET. PRIMARILY WHAT STAFF HAS LOOKED AT WHEN YOU LOOK AT THE FIRST CRITERIA HERE. UM, STAFF DOES ACKNOWLEDGE THAT THERE ARE SIMILAR CONDITIONS AS YOU LOOK AT A LOT OF THOSE PROPERTIES ALONG THE SOUTH SIDE OF HOLBEIN DRIVE, UM, IN TERMS OF A BUDDING, THE OPEN SPACE, THE GRADE CHANGE TO THE REAR OF THE PROPERTY, AND THEN THE MAIN LEVEL EGRESS OUT OF THE HOME. UM, BUT THIS IS REALLY ONLY A UNIQUE SITUATION TO A HANDFUL OF PROPERTIES IN THIS SECTION, UH, AS IDENTIFIED BY STAFF. SO THE MAIN LEVEL EGRESS REQUIRES A MEANS OF EXITING THE BUILDING TO ACCESS THE GROUND LEVEL OF THE PROPERTY, UH, AND WITH THE LIMITED SPACE THAT REALLY MINIMIZES THE AMOUNT OF AMENITY SPACE, UH, THAT IS, IS AVAILABLE AND, AND ABLE TO BE CONSTRUCTED PER CODE AT THIS HOME. UM, THE HOME SETBACK, THE CLOSEST, IT'S ONE OF THE CLOSEST TO THE REAR PROPERTY LINES ALONG THIS SIDE OF THE STREET, WHICH DOES MINIMIZE THE AVAILABLE AREA FOR THE DECK. UM, AND THEN ALL THESE CONDITIONS WOULD CONTRIBUTE TO A SPECIAL CIRCUMSTANCE APPLICABLE FOR THIS SLOT. UM, ADDITIONALLY, THE CRITERIA FOR THE APPLICANT ACTION AND ACTION, AND THEN THE IMPAIRMENT OF THE INTENT AND PURPOSE OF THE REQUIREMENTS, STAFF HAS FOUND THAT BOTH OF THOSE TO ARE MET, UH, WITH THIS REQUEST. AND THEN TWO OF THE FOUR CRITERIA ON THE SCREEN HAVE TO BE MET. STAFF IS FOUND THAT ALL FOUR OF THESE CRITERIA ARE CURRENTLY BEING MET WITH THAT PLANNING STAFF IS RECOMMENDING APPROVAL OF THIS VARIANCE FOR THE 10 FOOT ENCROACHMENT. HAPPY TO ANSWER ANY QUESTIONS. THANK YOU. UH, IF WE HAVE ANY QUESTIONS FOR STAFF? YEAH, ZACH, UM, COULD YOU PUT THE, UH, YOUR GUYS' REVIEW OF CRITERIA, A BACK UP AGAIN, UH, WHERE IT SAYS, THESE CONDITIONS ARE UNIQUE TO ONLY A HANDFUL OF PROPERTIES IN THE NEIGHBORHOOD. UM, SO ARE YOU TALKING, ARE YOU TALKING ABOUT HOW CLOSE THAT SETBACK GOES TO THE BACK OF THE HOUSE? LIKE IF YOU GO BACK TO THE PICTURE OF THE HOUSE, SORRY, TO MAKE IT, UM, UH, THE, THE ONE WITH THE RED AND THE GREEN, SO LIKE THERE'S THAT LITTLE SLIVER OF WHITE IN BETWEEN THE HOUSE AND THE SETBACK. IS THAT LIKE THESE HOUSES ALONG THAT ROAD, THAT'S HOW THESE HOUSES ARE AND THE REST OF THE DEVELOPMENT IS, HAS SOME MORE ROOM OR, YEAH. SO THERE HAS BEEN, OF THE PROPERTIES HERE, ONE OF THESE SOUTHERN PROPERTIES ON THE SOUTH SIDE OF HOLBEIN DID REQUEST A VARIANCE BACK IN 2014 FOR A DECK. YEAH. UM, AND THAT WAS APPROVED BY THE BOARD AT THAT TIME. ALL OTHER DECKS THAT HAVE BEEN CONSTRUCTED OUT THERE MEET THE PERMITTED, UM, DEVELOPMENT STANDARDS. THEY HAD A LITTLE BIT MORE SPACE TO WORK WITH AS WELL. SO, UM, IN THIS CASE, WHAT, WHAT STAFF LOOKED AT WAS JUST THE MINIMUM AMOUNT OF SPACE BETWEEN WHERE THE DOOR IS LOCATED IN THE REAR PROPERTY LINE, SO ABOUT SEVEN FEET, UNDERSTANDING THAT THE WIDTH THAT YOU NEED OF EGRESS, UM, AND THE STAIRCASE TO GET OUTTA THERE, BUT ALSO HAVING A MINIMAL SPACE AT THAT DECK, WE FOUND THAT TO BE, UM, A CHALLENGE WITH, WITH THE CURRENT, UH, CONDITIONS OF THE BUILDING AND THE LOT. SO THAT CONTRIBUTED TO OUR, OUR UNDERSTANDING OF THIS. OKAY. THEN, WHILE, WHILE I HAVE YOU, ONE MORE QUESTION, UM, SO IS IT NOT RECURRENT BECAUSE OF THIS IS ONLY AN ISSUE WITH THOSE CERTAIN SET OF HOUSES, IS THAT WHY THE, THE CITY THINKS IT'S NOT RECURRENT? ARE YOU REFERRING TO, UH, NUMBER TWO B TWO? YEAH, BECAUSE IT JUST, IT WAS A LITTLE CONCLUSORY, SO I JUST WANTED A LITTLE MORE. YEAH. UM, SO TYPICALLY WITH THIS CRITERIA, WHAT WE'D BE LOOKING AT IS, IS THERE AN ALTERNATIVE MEASURE THAT THE CITY NEEDS TO TAKE TO BE ABLE TO FIX THESE ISSUES? SO, UM, AN EXAMPLE WOULD BE IF THERE WERE MULTIPLE PROPERTIES IN A NEIGHBORHOOD THAT HAD THE SAME PROBLEM MM-HMM . IS A VARIANCE THE APPROPRIATE PROCESS TO GO ABOUT HANDLING THAT? OR IS IT BETTER HANDLED THROUGH PLANNING AND ZONING COMMISSION AND AN AMENDMENT TO THE DEVELOPMENT STANDARDS? UM, IN THIS CASE, WE FOUND THAT BECAUSE THIS IS SUCH A LIMITED, UH, APPLICATION MM-HMM . THAT IT'S NOT A RECURRENT ISSUE IN NATURE. SO WE FELT THAT THE VARIANCE WOULD BE THE BEST, UM, AVENUE TO FIX THAT. IS THAT, YEP. OKAY. PERFECT. THAT'S IT. THANKS. YEAH. I HAVE A QUICK QUESTION TOO. UM, BACK TO CRITERIA A THREE, UM, YOU SAID THAT THE, UM, BIRD FOUND THAT THE, UM, THAT THE, UH,
SORRY, I'M JUST READING MY NOTE HERE. , HE SAID, NO ADVERSE IMPACT TO THE SURROUNDING COMMUNITY. UM, AND BECAUSE THERE'S NO, IS THIS, BECAUSE THERE'S NO, LIKE, THERE'S NO OTHER PROPERTY BEHIND ANOTHER HOUSE BEHIND THIS PROPERTY, JUST A BIG OPEN PARK. SO THAT'S WHY IT'S NOT AFFECTING ANY, THAT'S WHY IT MEETS THAT CRITERIA, BECAUSE THERE'S NO OTHER BUILDINGS RIGHT BEHIND THIS HOUSE. YEAH. THAT'S, THAT'S ONE OF THE PRIMARY REASONS WE WOULD FIND THIS CRITERIA MET IS BECAUSE IT'S NOT IMPACTING, OR IT'S NOT ENCROACHING CLOSER TO AN ADJACENT PROPERTY. IT'S OPEN SPACE THAT WILL NEVER BE DEVELOPED FOR A SINGLE FAMILY HOME OR ANY OTHER USE. SO WE FOUND THAT THAT'S, UM, MEETING THAT REQUIREMENT AS IT'S NOT IMPACTING ANY REAR PROPERTY. OKAY. SO IT'S, IT'S NOT IMPACTING ANY OTHER HOME PROPERTY, BASICALLY. CORRECT. JUST, JUST THE, IT JUST, BUT, OKAY. THANK YOU. AND THE, UM, 2014 VARIANCE FOR THE HOL BEAN DRIVE PROPERTY, UM, HOW DO, DO WE KNOW HOW FAR INTO THE REAR SETBACK, UH, THAT DECK ENCROACHED? OKAY, I CAN PULL THAT UP. JUST GIMME A MOMENT. SURE, SURE. NO PROBLEM. UH, DO WE HAVE ANY OTHER QUESTIONS IN THE MEANTIME? ANY QUESTIONS? I DON'T KNOW IF THIS IS FOR THE APPLICANT OR IF YOU KNOW, THE ANSWER TO THIS WHILE YOU'RE DOING THAT, IS, I'M JUST CURIOUS ON THIS, UH, RED AND GREEN DRAWING, WHERE IS THE, UM, I GUESS I MIGHT'VE SEEN IT ON ANOTHER PICTURE, BUT IS THE DOOR FOR THIS DECK, UH, IS IT RIGHT THERE WHERE YOU PUT IN THE ARROW? OKAY. . IT'S RIGHT WHERE THE CURS IS. IT, IT'S NOT MARKED ON THIS GRAPH AT ALL. SO I JUST WANNA MAKE SURE, UM, WHERE THAT WAS. THANK YOU. MM-HMM . ALL RIGHT. SO THE 2014 CASE, WHICH IS CASE 14 DASH 0 5 5 V, WAS AN ENCROACHMENT OF SIX FEET INTO THE 30 FOOT REAR YARD SETBACK. UM, IT LOOKS LIKE THE DECK THAT THEY HAD WAS 10 FEET BY 20 FEET. OKAY. THANK YOU. DO YOU HAVE ANY OTHER QUESTIONS FOR STAFF? OKAY. UH, AT THIS TIME WE ASK THAT THE APPLICANT PLEASE, UH, APPROACH THE PODIUM WHEN YOU GET THERE. THERE WILL BE A BUTTON THAT YOU PRESS WHEN THE MICROPHONE TURN SCREEN. YEP. YOU GOT IT. OKAY. UH, PLEASE STATE YOUR NAME AND ADDRESS AND YOU MAY PROCEED. SO, I'M, UH, MARK ZOBEL, UH, AND THE ADDRESS IS 68 0 9 HOLBEIN DRIVE. THANK YOU. UH, YOU MAY PROCEED. I'M SORRY, I COULD NOT HEAR YOU. OH, I'M SORRY. UH, YOU MAY PROCEED WITH YOUR PRESENTATION. OKAY. UM, ZACH, FIRST OF ALL, THANK YOU. UH, AS MENTIONED FOR ALL OF THE HELP ON THIS, I, I DON'T HAVE A LOT OF NEW INFORMATION TO ADD. IT'S A PRETTY THOROUGH PROCESS. UM, YOU KNOW, JUST RESTATING THIS WILL ENABLE US TO BETTER ENJOY OUR RESIDENTS MORE PERSONALLY AND IMPROVE THE AESTHETICS OF THE NEIGHBORHOOD AS WELL AS THE VALUE OF OUR HOME. UM, THE KEY THING, UH, MR. LINVILLE, AS YOU WERE TALKING, THERE'S NOBODY BEHIND US, WHICH OBVIOUSLY GIVES A LOT OF, UH, EXPANSIVE SPACE. SO THAT KIND OF MITIGATES THE NEED FOR THE REAR SETBACK, WHICH IS 'CAUSE THERE'S NO PROPERTY BEHIND IT. UM, ADDITIONALLY, WE DID REFERENCE ONE OF OUR NEIGHBORS WHO HAS, UH, BUILT A DECK, SO THERE'S, UM, SOME PRECEDENT HERE AS WELL. AND, YOU KNOW, FINALLY THE STAIRCASE THAT THE BUILDER BUILT, UH, BACK IN THE DAY WHEN THEY WERE BUILDING THE HOUSE ALREADY ENCROACHES BACK IN THERE, IT ISN'T THE MOST ATTRACTIVE THING IN THE UNIVERSE. SO PUTTING SOMETHING IN THERE THAT, UM, IS A LITTLE BIT BETTER AESTHETICS THAN WHAT THAT REPRESENTS, UM, IS ONE OF THE REASONS IT'LL IMPROVE THE, THE VALUE OF OUR HOME IN THE NEIGHBORHOOD. AND LASTLY, UM, YOU KNOW, AT MY HOMES AT THE TIME, WE WERE NOT AWARE OF A SETBACK VARIANCE THAT WAS NOT DISCLOSED TO US. I THINK THAT'S ONE OF THE CRITERIA ON B IF I REMEMBER CORRECTLY. UM, AND THAT MIGHT'VE CERTAINLY IMPACTED OUR, OUR VIEW OF THE HOUSE AT THAT PARTICULAR TIME. THAT'S IT. OKAY. UH, ANY QUESTIONS FOR THE APPLICANT? I GUESS, UM,
GENERALLY, CAN YOU SORT OF DESCRIBE WHAT THE, SO WE SEE THE STAIRWAY AND STUFF THAT'S THERE CURRENTLY. UH, HOW WILL THE, THE DECK LOOK, UH, COMPARED TO THAT? LIKE HOW DID THAT POINT BE DIFFERENT? UM, SO MAY I APPROACH JUST TO POINT OR JUST LOOK OVER YOUR SHOULDER, I GUESS, OR ON YOUR COMPUTER SPACE UP IN FRONT OF ME? YEAH. UH, SO IF YOU LOOK AT THE LEFTMOST PART OF THE HOUSE A LITTLE BIT TO THE LEFT, ZACH MM-HMM. WHERE THE, THE GUTTER IS, UH, THE, YEAH, THE DOWNSPOUT. UM, SO IT WILL RUN FROM THAT POINT TO THIS, UH, CORNER, IF YOU WILL, WHERE OUR BUMP OUT IS. THAT'S THE 15 FEET. SO IT'LL BE SYMMETRICAL WITH THAT. AND THEN IF YOU THINK ABOUT THE DECK OR THE EGRESS STAIRCASE THAT YOU'RE LOOKING AT RIGHT NOW, IT'S GOING TO EXTEND ROUGHLY THAT SAME DISTANCE, OBVIOUSLY BE ON THE SECOND LEVEL INSTEAD OF THE STAIRCASE. WITH THE STAIRCASE THEN BEING, BEING ON THE SOUTH SIDE, UH, CASCADING DOWN. MM-HMM . COULD YOU SHOW A SIDE, THE SIDE VIEW LOOKING WEST AS WELL? UH, KEEP GOING, PLEASE. UM, IT WILL LITERALLY BE THE SAME AS OUR NEXT DOOR NEIGHBOR, UH, ONE ADJACENT HOUSE TO US WHERE THE STAIRCASE IS, UM, KIND OF VIEWABLE FROM, UH, FROM THE BACK OF THE HOUSE. THERE'S NOT ENOUGH ROOM FOR A STAIRCASE ON EITHER SIDE WITHOUT HAVING IT KIND OF STICK OUT. SURE. AND THE, UH, THE, THE DOORWAY AND THE BOTTOM PART IS THAT HOW, HOW, HOW DO YOU RECONCILE THE, UH, THE UPPER DOOR AND THE LOWER DOOR? UM, THE DOOR, IT'S A WALKOUT BASEMENT, OBVIOUSLY. MM-HMM . UH, WITH SOME WINDOWS WE MAY OR MAY NOT AT IN A FUTURE MEETING, UM, APPLY FOR A VARIANCE, UH, DOWN THERE. BUT RIGHT NOW WE'RE JUST TRYING TO GET THAT SECOND STORY, UH, TO BEGIN. OKAY. UM, AND THEN OBVIOUSLY YOU CAN STILL, UH, WALK OUT OF THE WALKOUT BASEMENT. IT'S JUST YOU HAVE A COVERING ABOVE YOU, IF YOU WILL. OKAY. I JUST WANTED TO GET A VISUAL THERE, BUT YEAH, SURE. ANY OTHER QUESTIONS? ARE DECKS COMMON IN YOUR NEIGHBORHOOD? UM, VERY COMMON. AND, UH, RIGHT DOWN THE ROW, I THINK, I THINK IT'S SEVEN FOR SEVEN, THERE'S SEVEN HOUSES BEFORE THE NEW DEVELOPMENT THAT VIRGINIA HOMES IS BUILDING. MM-HMM . I THINK EVERYONE THERE HAS A DECK. I DO KNOW ON THE ROYAL PLUME SIDE, UM, EVERY SINGLE HOUSE ON THAT, UH, SIDE HAS A DECK AS WELL. OKAY. YEAH. ANY OTHER QUESTIONS FOR THE APPLICANT OR WOULD YOU LIKE TO ENGAGE IN DISCUSSION OR DISCUSSION? OKAY. UH, YOU MAY, UH, UH, HAVE A SEAT AND, UH, WE WILL, UH, COMMENCE OUR DISCUSSION, UH, WITHOUT ANY, UH, ADDITIONAL QUESTIONS FOR THE, UH, STAFF OR THE APPLICANT. UH, DO WE HAVE ANY PUBLIC COMMENTS? WE DO NOT, NO. OKAY. YEAH, SO I AGREE, I AGREE WITH EVERYTHING THE, THE STAFF HAD DISCUSSED IN CRITERIA A, UM, INCLUDING THE SPECIAL CIRCUMSTANCES. IT SOUNDS LIKE THERE'S ONLY A FEW HOUSES THAT HAVE THIS, THIS SETBACK THAT CLOSE TO THE HOUSE, AND THE FACT THAT, YOU KNOW, ALL THAT OPEN AREAS BEHIND IT. I WAS LOOKING AT THE MAP AND IT LOOKS LIKE THERE'S NOT A LOT OF HOUSES WITH THAT AS WELL. SO, UM, USUALLY THAT ONE, I THINK IN MY EYES IS THE TOUGHEST, AND I THINK IT PASSES IT. UM, I THINK TWO IS, UH, I AGREE WITH THE, WHAT THE STAFF HAS WRITTEN. UM, THEY DIDN'T, NOT NECESSITATED BECAUSE ANY OF THE ACTION OR INTERACTION OF THE APPLICANT. AND THEN, UM, I ALSO AGREE WITH THREE FOR THE REASONS THEY PUT IN THE REPORT. UM, I ALSO AGREE WITH EVERYTHING IN, WOULD THAT BE CRITERIA B? IT SAYS CRITERIA A, UM, EXCEPT FOR, EXCEPT FOR NUMBER FOUR. BUT, UM, BECAUSE I AGREE WITH ONE THROUGH THREE. UH, I'M NOT GONNA GO INTO THAT RIGHT NOW. OKAY. UM, ANY OTHER COMMENTS, QUESTIONS, ANY, ANY CLARITY NEEDED FOR THE NO, I, I TEND TO AGREE WITH THE STAFF AS WELL. I THINK ALL OF THE
A CRITERIA HAVE BEEN MET. UM, I THINK THE FACT THAT THERE'S THE GREEN SPACE BEHIND IT AND IT'S NOT GONNA BLOCK ANYONE ELSE'S VIEW, UM, AND THAT THERE'S PRECEDENT FOR THIS IN THE AREA, UM, MAKES SENSE. AND I HAVE NO OTHER QUESTIONS AT THIS POINT. SURE. BRAD, DO YOU HAVE ANYTHING YOU'D LIKE TO ADD? UH, NO. I, LIKE I SAID, I'VE HAD SOME CLARIFICATION QUESTIONS ABOUT, UH, ABOUT A THREE, BUT I THINK THEY'VE BEEN ANSWERED. I, THIS IS KIND OF A HIGH VISIBILITY AREA BECAUSE THE, IT'S ON THE CORNER AND TWO STREETS AND THE PATH FROM THE PARK AND ALL THAT. SO, UM, YEAH, THIS, I THINK IS AN IMPROVEMENT OVER THE STAIRCASE, AS YOU MENTIONED. AND, UM, AS LONG AS IT, I AGREE THAT IT'S MET ALL THE REQUIRED CRITERIA AS WELL. OKAY. UM, YEAH, I, I BELIEVE WE'RE ALL SORT OF ON THE SAME, SORT OF, ON THE SAME PAGE HERE. UM, I'M INCLINED TO AGREE AS WELL WITH, UH, THE CITY'S ASSESSMENTS OF, UH, THE SITUATION. I DO BELIEVE THAT, UM, THE CRITERIA ARE SUFFICIENTLY MET AS TO AS TO GRANT, UH, THE VARIANCE AS REQUESTED. UM, ONE THING ALSO OF NOTE IS THAT THE, UH, UH, UM, RESERVE DEVELOPMENT STANDARDS ARE, ARE FAIRLY OPEN. AND I THINK GIVEN THE, UH, THE FACT THAT IT'S A, UH, IT'S, IT'S A, A DECK THAT DOESN'T BLOCK A, UH, UH, THE, THE AESTHETICS, UH, THE, THE OVERALL FLOW OF THE, UH, THE AREA IS ALSO A, UM, UH, UH, NOTEWORTHY, UH, IN THAT IT DOESN'T, UH, LESSEN THE VIEW. IT DOESN'T, UH, HASTEN ANY SORT OF, UH, UH, NAVIGABLE, UM, UH, PROPERTIES OF THE, UH, OF THE, UH, LAND ITSELF. UM, SO WITH THAT, UM, I BELIEVE WE ARE READY TO MOVE. UH, SO, UH, WITH REGARD TO THE, UH, MOTION TO A APPROVE, A NON-USE AREA VARIANCE TO THE POST PRESERVE DEVELOPMENT STANDARDS, I, ONE, TO ALLOW A DECK TO ENCROACH 10 FEET INTO THE 30 FOOT SETBACK. IS THERE A SECOND? SECOND, JUDY, COULD YOU CALL THE ROLE PLEASE? MR. LINVILLE? YES. MR. MURPHY? YES. MR. ANDERSON? YES. MS. DEL. SANDRA? YES. IT IS. SO MOVED. UH, YOUR VARIANCE IS GRANTED. OKAY. UH, ANY ANY PUBLIC COMMENT SINCE THEN, OR ARE WE, UH, OKAY. UH, WITH, UH, NO, NOTHING FURTHER, UH, FOR THIS BOARD, UH, WE WILL ADJOURN FOR THE EVENING. THANK YOU VERY MUCH.