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This hearing in session, we are here

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to hear case number Bo A 2 6 0 7 0 2 4 6.

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Let the record show that the applicants have agreed

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to have this hearing heard by only two board members.

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Will all who wish to testify, please rise

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and take the following oath.

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All right. Do you solemnly swear

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or affirm under the penalty of perjury

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that the testimony you're about

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to give will be the whole truth and nothing but the truth?

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I do. Ms. Maxwell have all

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posting and notification requirements

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been satisfied for this hearing?

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Yes. Any matters relating to the jurisdiction

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of this board will now be heard.

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The records show there were none.

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Anyone who wishes to testify in this matter must provide

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their name and contact number information

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with the board's clerk.

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And so now we'll start

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with Department of Planning and Zoning.

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Good evening, Stephanie Jones.

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Long Range principal planner.

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The application before you, like you'd mentioned,

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it is BOA 26 0 7 0 2 4 6.

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The developer Christine, a fantasy.

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The project location is 1 7 6 Herb Lane, Queenstown,

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Maryland Map 73, parcel 13 lot 20.

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The existing lot size is 2.58 acres, a zoning of NC one,

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and the applicant is proposing to construct a replacement

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of a pool, pool, patio

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and decking, landing stairs, retaining walls,

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and gravel driveway for the total disturbance

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of 1,837 square feet within the 100

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foot critical area buffer.

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Therefore, they're requesting a variance from 14 one dash 51

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a buffer standards and requirements.

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So the property itself is located on the south end of

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Bennett Point Road.

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So it's down here where this red.is east

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of Pigpen Point Road, north of Helm Road

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and then accessed off of Herb Lane.

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So the existing conditions for the site, we already went

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through the the acreage.

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So the site is currently improved

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with a single family dwelling

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and associate accessory structures,

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including a pier pool outbuildings.

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On the original, there was an original structure,

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single family dwelling that was constructed in 1948

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and there was a demolition permit for on November 6th, 2023,

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in which the original house was demolished,

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that was located in the buffer,

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and then all the accessory structures remained.

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And then it was a permit to construct a new single family

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dwelling on November 15th, 2023.

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And that dwelling is under construction.

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So you kind of see that in the aerial imagery there.

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And then the lot coverage

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to be removed is 4,776 square feet.

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So the property is zoned NC one

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and single family dwellings are permitted in

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the NC one district.

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And then regards to environmental features,

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the property is in an AE flood zone elevation five,

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and that's on the left hand side of your screen in the blue.

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Then the right hand side is tidal waters.

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There's no title wetlands that'll actually be impacted.

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And there's no stream steep slopes, non-Title wetlands

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or Maryland habitat protection areas except for the buffer.

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And then for critical area,

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the property is designated limited development area 22.6%

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of the lot coverage exists on this site,

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which exceeds the 15% limitation.

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There's existing pool, pool, patio, wood deck, concrete pad

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and steps and gravel area are

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within the a hundred foot buffer.

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And the original single family dwelling was located

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within the a hundred foot buffer.

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The new dwelling is outside of the a hundred foot buffer.

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And then there's no B buffer mitigation required due

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to the amount of lot coverage that they're removing

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in reference to the site plan.

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The existing lot coverage within the a hundred foot buffer

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to be removed, like I said, is 4,766 square feet.

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In reference to the proposal for the site,

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the applicant is close is proposing a 641 square foot pool,

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which is located here, 837 square feet of patio

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around the pool, 7,074 square feet of wood decking here,

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50 square feet of landing,

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and then 94 square feet

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of a retaining wall, which is located here.

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And then 41 square feet of gravel,

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which is located in this area here.

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So the overall reduction

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of lot coverage is 2,929 square feet.

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The existing pool and patio

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from here is located 35.5 feet from mean high waterline,

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and then the proposed pool will be 58.2.

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So essentially they're moving at landward 22.7 feet.

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Then the closest structure

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to the mean high water line will be this ending point

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of the retaining wall, which will be 37.8 feet.

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And then the pink line here, sorry,

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is the buffer buffer line itself

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In reference to the unwarranted hardship.

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So these are the tests that have to be met in order

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to grant a variance relative to 14,166,

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which is our local standards.

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And then komar findings, we have

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to address the unwarranted hardship based on the conditions

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of the land and the particular property itself.

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So the entirety of the parcel is to be analyzed

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for the location of the replacement pool.

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I'm gonna go back a few images here

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to show you the entirety of the property.

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Here we go. So this is the entirety of the 200

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or the 2.58 acres.

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There's a garage located here, a shed in this location.

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The driveway does come in in this direction.

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The septic reserve area is located here.

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And then the question is, you know, what about, you know,

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can the pool be located here, here or here?

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There is an existed existing drainage swale

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that does come down this way on the

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south side of the driveway.

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Go back to In reference to, if

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You go back to slides.

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Yep. One, yeah.

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So isn't that, wouldn't that, those areas

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that you were just asking be within that blue?

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No. So they're essentially to outside of this area here.

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So they would be behind the dwelling.

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That's a split screen. Yeah. Oh,

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So these, this is same.

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It's a mirror image. Just reaction to earlier.

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Thank you. Yeah, yeah. And now I see. Yep.

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Sorry for the confusion.

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All right, then back in reference

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to the unwarranted unwarranted hardship, it is not clear

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how the configuration of the parcel

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of this parcel is unique.

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I think the applicant references the location of the,

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what was the previous dwelling and the pool in the buffer.

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That is probably not peculiar to just this parcel

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because there's many houses and pools

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and accessory structures that are located in the buffer.

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That's just how you know dwellings were developed prior

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to the critical area law that retaining wall,

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gravel driveway and woodham steps should also also be

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evaluated in reference to the unwarranted hardship.

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So we're not just looking at

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locating the pool and the buffer.

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There's also these ancillary structures that are needed

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to be proposed to be constructed.

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My one question, which you may wanna reach clarification on

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is this gravel area here.

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There is, I'm assuming there was gravel removed past the

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critical area buffer line,

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and they're proposing this little patch of gravel.

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So I'm not sure if it was to be connected to something else.

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So that might be a point of clar clarification needed

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In reference to the, if this, if the little interpretation

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of the critical air program would deprive the applicant from

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a use or structure permitted to others,

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the single family dwelling isn't allowed permit principal

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use in this district.

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The Board of Appeal shall determine if an accessory

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structure such as the pool

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and the ancillary structures are a reasonable use

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of the property in the buffer.

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And are those conditions the result

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of the action of the applicant.

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So like I mentioned, the applicant

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did submit a single family dwelling permit

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for this structure here, and that was in 2023, I believe.

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So the question is, was the pool contemplated

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or the replacement of the pool contemplated at

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that point in time when the house was moved?

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Also, it needs to be the minimum deviation from the

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what 14 does require.

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They are reducing the size of the pool.

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Also, they're reducing the net in net lot

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coverage on the site.

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But also you should analyze the minimum deviation

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for the entirety of all the structures, not just the pool.

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Will. It basically impact water quality or adverse impacts.

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Like I mentioned, they are moving the pool away from mean

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high water, decreasing the lot coverage.

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There's no vegetation to be removed on the site,

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but addressing what the stabilization will look like

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for the areas in which demolition is occurring.

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And this is the response from the critical area commission

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that we received Based on the information

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provided, the board of Appeals will need

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to determine if the applicant has demonstrated the request

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meets each and every one

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of the critical area variance standards,

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including unwarranted hardship.

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The board should not consider convenience

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or preference when determining if the applicant has met

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unwarranted hardship.

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There appears to be space outside of the buffer.

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And then they go on to say every available opportunity

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should be looked at outside of the buffer.

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And then in response to recommendation from staff,

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staff finds consistency throughout some

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of the applicable laws in this case

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and does not object to the board granting the variance

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request inconsistency with comar and 14,166.

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But the Board of appeals should determine whether there is

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an unwarranted hardship and reasonable use

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and how the unwarranted hardship is

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peculiar to this property. And that's all.

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Okay, we're gonna enter planning and zoning staff report.

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And we're also gonna enter the packet

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of pre-marked applicant.

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Exhibits one through nine is what we have.

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Those in favor of granting this

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application will now be heard.

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Please give your name and address.

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Good evening, Brendan Mullaney with McAllister Diar Show.

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Walter and Walker, 100 Northwest Street, Easton, Maryland.

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Brett Ewing, lane Engineering one 17 Bay Street, Easton.

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Brett and I are here on behalf of Christine Nessy,

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who's the owner of this waterfront property in the county.

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And staff's done a really thorough job of going

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through the particulars.

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I'm happy to be as detailed as you all would like me to be,

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but in a lot of instances,

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especially when we've submitted a pretty robust narrative,

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I would like to, and that's already been entered

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as an exhibit to the record, rely on the written testimony,

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just give an overview of the tenets of

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variance requirements,

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how this applicant has satisfied them,

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and then have Brett walk through the, the site constraints

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and what's proposed.

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And then just answer questions that you all

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have, if that's acceptable.

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And staff did a good job of giving the hurdles you need

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to, you need to clear here.

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So understood. So just generally speaking,

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variances require a property owner to show

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that there's a property specific hardship

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that is depriving a reasonable use of the property.

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And this board has considered in the past

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site constraints on specific properties.

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And in a lot of these instances,

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the site constraints are a legal grandfathered,

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non-conforming structure or the existence of an SDA

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or site topography, or the narrowness of a parcel

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or the odd configuration or layout of a parcel.

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And in considering those on a case by case basis, has found

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that there are constraints

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that are eliminating a reasonable use of

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property in this instance.

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And Brett's gonna go through in more particular detail,

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what is west of the,

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the critical area buffer line on this property?

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There is, there are a number of specific site constraints

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that make the location that is proposed the

263
00:12:31,585 --> 00:12:34,245
viable and reasonable location for this pool.

264
00:12:34,385 --> 00:12:37,605
The property was first improved in the late forties,

265
00:12:38,305 --> 00:12:39,885
and subsequent to that, but

266
00:12:39,885 --> 00:12:43,005
before the critical area law was adopted in the late

267
00:12:43,365 --> 00:12:46,565
eighties, the property was further improved with a pool

268
00:12:46,625 --> 00:12:48,045
and accessory structures.

269
00:12:49,105 --> 00:12:51,485
The parcel was, since Ms.

270
00:12:51,765 --> 00:12:54,165
Nessy bought the property, the house was replaced.

271
00:12:54,225 --> 00:12:55,525
And in replacing the house,

272
00:12:55,535 --> 00:12:58,645
which was within the 100 foot buffer, Ms.

273
00:12:58,885 --> 00:13:01,605
Nessy chose to shift that outside of the buffer,

274
00:13:01,695 --> 00:13:05,765
which was a, a net betterment for the adjacent water body

275
00:13:05,945 --> 00:13:08,245
and furtherance of the county comprehensive plan

276
00:13:08,665 --> 00:13:11,005
and furtherance of the critical area goals, et cetera.

277
00:13:11,825 --> 00:13:13,925
The question was posed at some point

278
00:13:13,925 --> 00:13:15,805
through the application process, well why,

279
00:13:15,905 --> 00:13:16,965
why wasn't the house at

280
00:13:16,965 --> 00:13:19,765
that point in time shifted further away to ensure

281
00:13:19,765 --> 00:13:22,405
that the pool could be relocated outside of the buffer?

282
00:13:22,425 --> 00:13:24,645
And the answer to that is, if you look at this one page

283
00:13:25,285 --> 00:13:29,005
variance exhibit that was submitted by Lane Engineering,

284
00:13:30,385 --> 00:13:34,405
the sewage disposal area is immediately west of the house

285
00:13:34,585 --> 00:13:35,925
as it has been relocated.

286
00:13:35,985 --> 00:13:38,485
So there wasn't room at that point in time.

287
00:13:38,865 --> 00:13:40,645
Now also at that point in time, I don't believe

288
00:13:40,645 --> 00:13:45,205
that the pool, the pool relocation, was this the,

289
00:13:45,205 --> 00:13:47,165
the exhibit you're It is not, no.

290
00:13:49,605 --> 00:13:52,845
I just want to identify the, the number for the record here.

291
00:13:55,655 --> 00:13:58,565
Maybe that one that you just Yeah, yep.

292
00:13:59,625 --> 00:14:01,045
So applicant exhibit

293
00:14:01,225 --> 00:14:05,165
six, sorry to interrupt you.

294
00:14:08,905 --> 00:14:11,085
So relocating the house outside

295
00:14:11,085 --> 00:14:12,525
of the buffer was a net improvement,

296
00:14:12,585 --> 00:14:14,645
but it, it's up against the sewage disposal

297
00:14:14,715 --> 00:14:16,085
area on the west side.

298
00:14:16,185 --> 00:14:18,085
So it, it wouldn't even be possible,

299
00:14:18,115 --> 00:14:20,245
even if the house hadn't been reconstructed

300
00:14:21,065 --> 00:14:22,925
and relocated in the last few years

301
00:14:23,145 --> 00:14:25,725
to shift everything entirely outside of the buffer

302
00:14:25,825 --> 00:14:30,045
and still have the pool between the, the house as it exists

303
00:14:30,345 --> 00:14:32,285
and the mean high water line.

304
00:14:36,345 --> 00:14:39,125
We are requesting approval of a variance to allow

305
00:14:40,005 --> 00:14:42,885
reconfiguration of lock coverage in the buffer.

306
00:14:43,735 --> 00:14:48,325
We've gone to great lengths, I believe, to design this

307
00:14:48,885 --> 00:14:52,165
proposal to result in a, a really significant

308
00:14:52,685 --> 00:14:55,805
reduction in lot coverage in furtherance

309
00:14:55,805 --> 00:14:56,885
of critical area goals

310
00:14:56,885 --> 00:14:59,605
and furtherance of the county environ environmental

311
00:14:59,605 --> 00:15:02,765
protection and, and buffer and critical area goals.

312
00:15:02,785 --> 00:15:07,765
In general, the existing lot coverage is 24.9%

313
00:15:07,765 --> 00:15:11,045
right now, the limitation in the LDA limited development

314
00:15:11,045 --> 00:15:14,085
area that applies to this property is 15%.

315
00:15:14,305 --> 00:15:17,045
So this property is currently 9.9% over

316
00:15:17,785 --> 00:15:19,365
the permitted threshold.

317
00:15:20,385 --> 00:15:23,205
All of that is legal grandfathered non-conforming,

318
00:15:23,305 --> 00:15:25,005
but we are proposing as part of this

319
00:15:26,305 --> 00:15:27,845
lot coverage reconfiguration

320
00:15:28,065 --> 00:15:31,685
and pool relocation to do,

321
00:15:31,785 --> 00:15:33,525
do two major things when it comes

322
00:15:33,545 --> 00:15:34,925
to the environmental impacts.

323
00:15:35,025 --> 00:15:39,605
The first is to reduce the lot coverage on site by a total

324
00:15:39,625 --> 00:15:42,485
of 3,127 square feet.

325
00:15:42,545 --> 00:15:44,205
All of that is within the critical area

326
00:15:44,305 --> 00:15:45,805
and will be removed voluntarily.

327
00:15:45,905 --> 00:15:47,565
It isn't a requirement of the law,

328
00:15:47,585 --> 00:15:49,685
but we believe that it's in furtherance of the goals

329
00:15:49,685 --> 00:15:53,365
of the county and the state within the 100 foot buffer.

330
00:15:53,575 --> 00:15:58,045
We're proposing a reduction of 2,929 square feet,

331
00:15:58,535 --> 00:16:02,925
which brings the lot coverage in the buffer down from

332
00:16:03,585 --> 00:16:06,685
26.2%

333
00:16:06,825 --> 00:16:09,005
to 15.6%.

334
00:16:09,185 --> 00:16:12,045
So it's a, it's a significant reduction of lot coverage.

335
00:16:12,895 --> 00:16:14,565
Again, this is shown on the exhibit,

336
00:16:14,805 --> 00:16:18,765
I think you said exhibit six in the on the bottom diagram.

337
00:16:19,105 --> 00:16:23,325
Yep. Which is the demolition part of that plan.

338
00:16:25,305 --> 00:16:30,205
The existing pool is 35.5 feet from mean high

339
00:16:30,205 --> 00:16:33,245
water that's proposed to be shifted away from the water

340
00:16:33,985 --> 00:16:35,805
and will be located the edge

341
00:16:35,805 --> 00:16:38,805
of the pool at 58.2 feet from mean high water,

342
00:16:38,805 --> 00:16:40,845
which is 22.7 feet away.

343
00:16:40,985 --> 00:16:45,485
So it's a, a net benefit to the goals of the critical area

344
00:16:45,665 --> 00:16:48,085
and the county when it comes to impacts to the buffer,

345
00:16:50,265 --> 00:16:53,325
the pool, while it can lawfully remain and,

346
00:16:53,385 --> 00:16:55,125
and be repaired in place and,

347
00:16:55,265 --> 00:16:57,765
and be used, it is currently leaking.

348
00:16:58,025 --> 00:17:01,965
And the preference from a functionality perspective,

349
00:17:02,305 --> 00:17:07,005
but also from a net impact perspective to the, the site is

350
00:17:07,025 --> 00:17:09,885
to reduce the size of the pool

351
00:17:09,945 --> 00:17:13,645
and locate it adjacent to the house as it currently exists.

352
00:17:14,515 --> 00:17:17,845
With that, Brett, I'm just gonna have you go through the,

353
00:17:18,145 --> 00:17:19,925
the specific site constraints

354
00:17:19,945 --> 00:17:21,405
and the layout as it's proposed,

355
00:17:21,425 --> 00:17:23,485
and then I'm gonna quickly hit the

356
00:17:23,485 --> 00:17:25,245
variance criteria and then we'll answer questions.

357
00:17:25,245 --> 00:17:29,805
Sure thing. So, as Brenda, as a formality, I'm sorry

358
00:17:29,805 --> 00:17:31,805
to interrupt you, just as you, I don't always do this,

359
00:17:31,805 --> 00:17:33,765
but just as a formality i'd, I'd like

360
00:17:33,765 --> 00:17:35,765
to have Brett introduced and accepted

361
00:17:35,765 --> 00:17:36,965
by the board as an expert.

362
00:17:37,105 --> 00:17:40,885
So Brett, will you just talk about your, your

363
00:17:42,415 --> 00:17:44,365
background, what you've done, your background?

364
00:17:44,365 --> 00:17:47,405
Yeah, your education, your professional affiliation. Yeah.

365
00:17:47,605 --> 00:17:49,125
The company that you're with, et cetera.

366
00:17:49,945 --> 00:17:51,845
You're asking me to speak highly of myself.

367
00:17:52,085 --> 00:17:54,125
I would, I would like that please, just for a moment. Yeah.

368
00:17:54,125 --> 00:17:58,805
So 20 years of experience, bachelor, bachelor

369
00:17:58,805 --> 00:18:00,725
of science from Salisbury University.

370
00:18:01,315 --> 00:18:04,445
I've worked in three public sectors in Delaware,

371
00:18:05,325 --> 00:18:07,725
Talbot County, town of Easton for about a decade.

372
00:18:08,315 --> 00:18:10,805
I've been at Lane Engineering for just about a decade.

373
00:18:12,185 --> 00:18:15,325
I'm now a principal, part owner of Lane Engineering as well.

374
00:18:16,025 --> 00:18:17,565
So I've been doing this for 20 years

375
00:18:18,185 --> 00:18:19,525
in basically the Eastern shore

376
00:18:19,785 --> 00:18:21,485
And Brett at, at Lane.

377
00:18:21,635 --> 00:18:24,485
Well, let's, let's start with your, in your government role.

378
00:18:24,585 --> 00:18:27,365
You reviewed opined on

379
00:18:27,465 --> 00:18:31,765
and approved various site plans, construction plans,

380
00:18:32,235 --> 00:18:34,125
site development plans, stormwater plans,

381
00:18:34,185 --> 00:18:36,845
you reviewed erosion sediment control plans as part of the

382
00:18:37,565 --> 00:18:38,765
project process, correct?

383
00:18:38,765 --> 00:18:40,685
Correct. Yeah. My role in when I was

384
00:18:40,685 --> 00:18:42,285
with the public sector was with planning

385
00:18:42,305 --> 00:18:45,405
and zoning in those different agencies that I referenced.

386
00:18:45,625 --> 00:18:48,685
So again, part of these hearings on, on other side

387
00:18:48,685 --> 00:18:50,325
of the Fence Planning Commission, board

388
00:18:50,325 --> 00:18:53,085
of Appeals Variances, what have you, any sort

389
00:18:53,085 --> 00:18:54,765
of development requests similar to this.

390
00:18:55,225 --> 00:18:56,565
And tell me some about

391
00:18:56,565 --> 00:18:58,965
what you do at Lane Engineering Day, day to

392
00:18:58,965 --> 00:19:02,765
Day, day-to-day project management, basically dealing

393
00:19:02,955 --> 00:19:07,805
with projects very similar to this from a scale from small,

394
00:19:08,065 --> 00:19:10,325
you know, staking property corners

395
00:19:10,325 --> 00:19:13,405
to several hundred unit projects, you know,

396
00:19:13,405 --> 00:19:16,285
residential projects is you,

397
00:19:16,285 --> 00:19:17,565
the meat and potatoes of what we do.

398
00:19:18,225 --> 00:19:20,845
And we do several hundred of these a year.

399
00:19:21,585 --> 00:19:23,525
And you oversee all aspects

400
00:19:23,525 --> 00:19:25,645
of the Design Pro process, correct?

401
00:19:25,795 --> 00:19:28,885
Correct. You're familiar with Topography impacts,

402
00:19:29,445 --> 00:19:31,325
you're familiar with the critical area law Yes.

403
00:19:31,325 --> 00:19:33,085
And implications of critical area design

404
00:19:33,105 --> 00:19:34,165
and the buffer impacts.

405
00:19:34,305 --> 00:19:35,445
Is that accurate? Yes. Yep.

406
00:19:36,105 --> 00:19:39,045
You're familiar with the property 1 76

407
00:19:39,195 --> 00:19:40,325
Herb Lane and Queenstown.

408
00:19:40,345 --> 00:19:43,125
Yep. Correct. And you've been overseeing

409
00:19:43,125 --> 00:19:46,525
and involved with this site design over the last few years?

410
00:19:46,585 --> 00:19:48,725
Yes. Is that accurate? Yes. You're familiar

411
00:19:48,725 --> 00:19:49,845
with the materials that we've

412
00:19:49,845 --> 00:19:51,045
submitted as part of this variance process?

413
00:19:51,285 --> 00:19:53,045
I am. Okay. So with that, I would ask

414
00:19:53,045 --> 00:19:55,285
that the board recognize Mr. Ewing

415
00:19:55,285 --> 00:19:58,525
as an expert in site design, residential

416
00:19:59,205 --> 00:20:02,245
development in state of Maryland and Queen Annes County.

417
00:20:02,485 --> 00:20:06,205
I had no issue with that. You good with that?

418
00:20:06,305 --> 00:20:07,885
Any motion for that? No,

419
00:20:07,925 --> 00:20:09,445
I just wanna check and make sure you're good with that.

420
00:20:10,275 --> 00:20:13,925
Fine, thank you. Okay. With that, Brett. Okay.

421
00:20:15,505 --> 00:20:18,565
All right. So as Brenda mentioned, I do,

422
00:20:18,625 --> 00:20:20,885
we have several criteria to deal with as a part

423
00:20:20,885 --> 00:20:21,885
of this variance ask.

424
00:20:22,405 --> 00:20:24,285
I wanna point out, we talked about the

425
00:20:24,285 --> 00:20:25,645
removal of impervious.

426
00:20:25,755 --> 00:20:28,165
There's, there's a large gravel area down

427
00:20:28,305 --> 00:20:30,845
by the boat slip also that's being removed.

428
00:20:30,885 --> 00:20:32,845
I don't think that was noted, but that's an area

429
00:20:32,845 --> 00:20:35,285
that's not really associated with this pool project.

430
00:20:35,545 --> 00:20:38,365
But again, it's the, the applicant's intent to

431
00:20:38,915 --> 00:20:41,565
improve the water quality improve this site.

432
00:20:41,585 --> 00:20:45,045
And so just removing that gravel in that area, again,

433
00:20:45,045 --> 00:20:46,245
it is really not associated

434
00:20:46,345 --> 00:20:49,685
and nothing really that's needed for that removal

435
00:20:49,705 --> 00:20:52,125
for this pool, but we just decided to proceed with

436
00:20:52,125 --> 00:20:53,245
that component.

437
00:20:54,265 --> 00:20:57,045
So again, the net reduction of the impervious.

438
00:20:57,905 --> 00:21:00,085
The other component too that's being proposed

439
00:21:00,635 --> 00:21:03,405
that I think is, is a betterment of, of everything is

440
00:21:04,095 --> 00:21:05,165
storm water management.

441
00:21:05,225 --> 00:21:08,485
You know, we are, we do have a, a flow through planter box

442
00:21:08,485 --> 00:21:11,085
that's proposed with this application as well, which

443
00:21:11,085 --> 00:21:14,165
before the pool obviously built when it was decades

444
00:21:14,305 --> 00:21:17,285
and decades ago, had no storm water management aspect to it.

445
00:21:17,345 --> 00:21:20,485
So not only but the, the net reduction of the impervious,

446
00:21:20,505 --> 00:21:24,085
but also the now proposal of storm water as part

447
00:21:24,085 --> 00:21:26,365
of this project, I think is certainly a major

448
00:21:27,205 --> 00:21:28,925
increase in the water quality component

449
00:21:28,945 --> 00:21:30,165
of this, of this site.

450
00:21:30,585 --> 00:21:33,285
So just so I can be crystal clear on that, yeah, there,

451
00:21:33,285 --> 00:21:35,605
there's no requirement that stormwater

452
00:21:35,795 --> 00:21:37,645
with the existing pool be treated,

453
00:21:38,185 --> 00:21:40,805
the law doesn't require the code doesn't require

454
00:21:40,805 --> 00:21:44,645
that any stormwater measures be installed on site.

455
00:21:44,645 --> 00:21:47,005
That's part of the reconfiguration,

456
00:21:47,065 --> 00:21:49,285
the coverage and movement. That is correct.

457
00:21:49,865 --> 00:21:52,925
Yep. So another component of the pool,

458
00:21:52,925 --> 00:21:54,925
and I'm not sure if everybody's visited the site,

459
00:21:54,945 --> 00:21:56,845
but if you, if you did, you'll notice that the,

460
00:21:56,905 --> 00:21:59,965
the elevation of what this pool sits at relative to the,

461
00:22:00,025 --> 00:22:01,245
the grade around that.

462
00:22:01,785 --> 00:22:03,565
And so I would call that a pad site.

463
00:22:03,585 --> 00:22:05,925
So you have this existing pool is already you,

464
00:22:05,925 --> 00:22:08,485
you already have this established pad site on

465
00:22:08,485 --> 00:22:09,525
that side of the house.

466
00:22:10,345 --> 00:22:13,925
And with this relocation of this pool, we're not, we,

467
00:22:13,925 --> 00:22:16,045
we don't have to establish a new pad site.

468
00:22:16,045 --> 00:22:18,045
We are using that same elevation,

469
00:22:18,045 --> 00:22:20,285
that same pad site that exists today.

470
00:22:20,715 --> 00:22:23,405
That in itself reduces the amount of disturbance

471
00:22:23,405 --> 00:22:24,885
that is associated with this project.

472
00:22:25,755 --> 00:22:27,165
Alternatively, if you have

473
00:22:27,165 --> 00:22:29,725
to build this pool in a new location, well guess what?

474
00:22:29,725 --> 00:22:32,005
You're establishing an entirely new pad site.

475
00:22:32,225 --> 00:22:33,645
You're doing entirely new area

476
00:22:33,645 --> 00:22:35,325
of clearing, more disturbance.

477
00:22:35,785 --> 00:22:37,605
And again, you're disturbance with the pool.

478
00:22:37,765 --> 00:22:39,445
I know we've all seen pools be,

479
00:22:39,545 --> 00:22:41,125
you know, improved or constructed.

480
00:22:41,185 --> 00:22:44,405
You usually have a 30 to 40 foot wide perimeter

481
00:22:44,545 --> 00:22:47,805
around the edge of the patio just to grade these pools in.

482
00:22:48,105 --> 00:22:51,045
You generally put the pool at the high side of the elevation

483
00:22:51,425 --> 00:22:53,125
and then you backfill on the low side.

484
00:22:53,185 --> 00:22:56,405
So I think it's a significant reduction of just limits

485
00:22:56,705 --> 00:22:58,405
of disturbance of the site

486
00:22:59,295 --> 00:23:02,525
based on using this already established pad site

487
00:23:02,525 --> 00:23:05,045
and this elevation that's directly adjacent to the house.

488
00:23:05,505 --> 00:23:08,925
So I think that in itself is a very key component that we,

489
00:23:09,065 --> 00:23:13,005
why we want to leave this pool where it is just to, to talk

490
00:23:13,005 --> 00:23:14,605
to some other technical components.

491
00:23:15,185 --> 00:23:17,965
You know, the north side of the house wasn't referenced

492
00:23:17,965 --> 00:23:20,525
and I think we understand why there is a, well, on

493
00:23:20,525 --> 00:23:23,405
that side, there's a transformer, the, the house,

494
00:23:23,665 --> 00:23:26,325
the utilities are served from that northern side as well.

495
00:23:26,465 --> 00:23:29,805
So again, in my, you know, practical mind I say,

496
00:23:29,805 --> 00:23:31,245
well the only reasonable location

497
00:23:31,275 --> 00:23:33,205
that somebody could enjoy their pool

498
00:23:33,425 --> 00:23:35,685
and have a water view, it'd be the north end.

499
00:23:36,105 --> 00:23:38,405
The north end is encumbered with utilities

500
00:23:38,405 --> 00:23:39,565
and the well, et cetera.

501
00:23:39,755 --> 00:23:44,365
Brendan mentioned the, the west side and, and the SDA

502
00:23:44,365 --> 00:23:47,765
or SRA impacts the area just to the west

503
00:23:47,825 --> 00:23:49,045
of the drive circle.

504
00:23:49,305 --> 00:23:50,885
And I'm not sure if we have the site plan.

505
00:23:50,945 --> 00:23:52,085
Do you mind pulling that up please?

506
00:23:53,505 --> 00:23:56,285
So again, speaking of the elevation change, you know,

507
00:23:56,515 --> 00:23:59,005
this circle or this house, you know, the house,

508
00:23:59,065 --> 00:24:01,205
the finished floor elevation of the house is 18

509
00:24:01,265 --> 00:24:02,365
and a half feet.

510
00:24:03,225 --> 00:24:05,885
And you know, these areas to the southwest are

511
00:24:06,555 --> 00:24:07,565
elevation tents.

512
00:24:07,565 --> 00:24:08,925
You're talking eight, nine,

513
00:24:09,115 --> 00:24:11,645
sometimes 10 foot elevation change from

514
00:24:11,815 --> 00:24:15,205
where this house sits down to where a potential, you know,

515
00:24:15,315 --> 00:24:18,805
pool location could be west of that drive circle.

516
00:24:19,065 --> 00:24:21,845
You, you're on a side of, side of this slope

517
00:24:22,035 --> 00:24:24,165
that I'm talking about where you have this grade

518
00:24:24,165 --> 00:24:26,045
differential in this slope coming down.

519
00:24:26,475 --> 00:24:28,565
That would be just a very costly and,

520
00:24:28,585 --> 00:24:31,645
and kind of not practical location for a pool,

521
00:24:31,645 --> 00:24:33,485
in our opinion, west of that circle.

522
00:24:34,385 --> 00:24:37,765
So you would have to do, you would've to, to your,

523
00:24:37,825 --> 00:24:39,485
to your prior conversation, you would have

524
00:24:39,485 --> 00:24:42,085
to do considerable buildup to get to that level.

525
00:24:42,265 --> 00:24:44,045
You would have a significant retaining wall

526
00:24:44,045 --> 00:24:45,685
that's several feet in height.

527
00:24:45,715 --> 00:24:49,245
This again, that's just, it's not a practical component.

528
00:24:49,245 --> 00:24:51,325
That wouldn't be what we would advise,

529
00:24:52,305 --> 00:24:53,525
you know, a client to do.

530
00:24:54,115 --> 00:24:56,845
Plus you also have, then you have a, a, you know, three

531
00:24:57,065 --> 00:24:59,005
to five foot wall off one side.

532
00:24:59,065 --> 00:25:00,365
And if you have young children

533
00:25:00,545 --> 00:25:01,885
or what have you using the pool,

534
00:25:01,915 --> 00:25:03,205
then you have a safety hazard

535
00:25:03,275 --> 00:25:06,205
with this large retaining wall on the edge of this pool.

536
00:25:06,305 --> 00:25:08,005
So it's just something that's not ideal.

537
00:25:08,225 --> 00:25:10,365
What's gonna be the height of the other retaining wall

538
00:25:10,365 --> 00:25:13,045
that's proposed, that's at the proposed side.

539
00:25:13,045 --> 00:25:16,645
Those retaining walls are there, there are several feet,

540
00:25:16,645 --> 00:25:19,925
but that's for that, that driveway that the garage, that,

541
00:25:20,075 --> 00:25:21,925
that lower grade garage access.

542
00:25:22,265 --> 00:25:26,185
Got it going in. And do you want to, I mean,

543
00:25:26,185 --> 00:25:28,505
I can get talk about the southwest side as well.

544
00:25:28,645 --> 00:25:31,105
Do you want to Yeah, sure. Keep continue with that.

545
00:25:31,105 --> 00:25:31,945
We can talk about that. I mean,

546
00:25:31,945 --> 00:25:33,505
understanding the site constraints is

547
00:25:33,705 --> 00:25:34,705
Critical.

548
00:25:34,705 --> 00:25:36,745
Yeah. So again, so the southwest side as,

549
00:25:36,845 --> 00:25:38,785
as was discussed in the staff report, there's a,

550
00:25:38,865 --> 00:25:40,105
a swale cutting through there.

551
00:25:40,125 --> 00:25:43,465
You have the existing driveway, so walking from the house

552
00:25:43,525 --> 00:25:47,505
to the southwest side, albeit it may have some open areas.

553
00:25:48,115 --> 00:25:50,345
Again, you're going to have a whole new pad site.

554
00:25:50,685 --> 00:25:53,545
You're going to have, again, probably close

555
00:25:53,545 --> 00:25:56,585
to 8,000 square feet of new disturbance in that area.

556
00:25:56,605 --> 00:26:01,105
That's right now undisturbed, that area is about 150 feet,

557
00:26:01,185 --> 00:26:03,065
160 feet from the house.

558
00:26:03,565 --> 00:26:07,025
So you're walking from the house down 10 feet of elevation

559
00:26:07,565 --> 00:26:10,865
across the driveway, across the drainage whale to get

560
00:26:10,865 --> 00:26:12,665
to a potential pool location.

561
00:26:13,485 --> 00:26:16,065
We don't think that's practical in, in our opinion.

562
00:26:18,115 --> 00:26:21,185
Again, we do, you do not want to impact this drainage swale.

563
00:26:21,185 --> 00:26:24,505
So that would push the pool to the south more so,

564
00:26:25,085 --> 00:26:26,505
and the further you go to the south,

565
00:26:26,505 --> 00:26:27,545
if you see on the aerial,

566
00:26:27,545 --> 00:26:29,545
there are some trees on that property line.

567
00:26:29,645 --> 00:26:33,385
And in our opinion, those trees would be impacted if we had

568
00:26:33,385 --> 00:26:35,825
to put the pool down here and also avoid that drainage.

569
00:26:35,945 --> 00:26:38,265
S well, so there's just some other com you know, again,

570
00:26:38,295 --> 00:26:40,985
aspects like, you know, not wanting to

571
00:26:42,985 --> 00:26:45,845
impact trees and all the disturbance

572
00:26:45,995 --> 00:26:47,165
that we're talking about here.

573
00:26:47,455 --> 00:26:50,645
Would your, would your view of the pool from the house in

574
00:26:50,645 --> 00:26:52,605
that other location there south

575
00:26:52,605 --> 00:26:54,805
of the driveway be restricted?

576
00:26:56,155 --> 00:26:57,725
Yeah, I think that's another safety standpoint.

577
00:26:57,775 --> 00:26:59,485
Again, getting back to a safety component.

578
00:26:59,485 --> 00:27:01,485
And I don't know if Brendan wants to speak to that more

579
00:27:01,485 --> 00:27:04,005
so than I, but again, we talk about, you know,

580
00:27:04,005 --> 00:27:06,405
young children, grandchildren visiting the site,

581
00:27:06,505 --> 00:27:09,405
not being able to monitor these children in a pool,

582
00:27:09,705 --> 00:27:10,845
you know, that again, that gets back

583
00:27:10,845 --> 00:27:12,405
to a safety aspect in our opinion.

584
00:27:13,075 --> 00:27:14,565
Yeah, let me just add a little bit

585
00:27:14,565 --> 00:27:16,005
of color to that comment.

586
00:27:16,265 --> 00:27:19,605
The, the intention Ms.

587
00:27:20,105 --> 00:27:22,245
F's intention here is she, she built this house.

588
00:27:22,245 --> 00:27:24,445
She, she bought it a few years ago. She rebuilt the house.

589
00:27:24,825 --> 00:27:28,245
It has a first floor master suite so that she can

590
00:27:29,025 --> 00:27:31,845
age in place here and, and live here, you know, long term.

591
00:27:32,625 --> 00:27:35,645
And the intention here is for it to be, you know,

592
00:27:35,865 --> 00:27:39,805
her last home and having the, the functional side,

593
00:27:39,805 --> 00:27:42,325
the reasonable and safety aspect of this as part

594
00:27:42,325 --> 00:27:45,965
of the analysis in the discussion in the,

595
00:27:46,025 --> 00:27:48,485
in the southwest corner of the property, that

596
00:27:48,515 --> 00:27:51,125
that pool would be located if you cut down those trees

597
00:27:51,185 --> 00:27:52,445
and brought in all of that filter

598
00:27:52,745 --> 00:27:55,925
and had the retaining walls about 220 feet away from the

599
00:27:56,415 --> 00:27:58,725
house, which is, you know, more than two thirds

600
00:27:58,725 --> 00:27:59,925
of the length of a football field.

601
00:28:00,705 --> 00:28:02,205
It just is not reasonable

602
00:28:02,385 --> 00:28:04,925
or practical for somebody aging in place

603
00:28:05,065 --> 00:28:08,805
to walk almost a football field's length downhill to get

604
00:28:08,825 --> 00:28:10,205
to a pool.

605
00:28:10,205 --> 00:28:11,245
From a safety perspective,

606
00:28:13,115 --> 00:28:16,445
miss Nessy has four young grandkids that visit frequently.

607
00:28:16,665 --> 00:28:18,445
As, as Brett just stated,

608
00:28:18,495 --> 00:28:22,405
there are concerns about safety if a pool were to be located

609
00:28:22,795 --> 00:28:25,565
that far away from the house from an oversight perspective.

610
00:28:27,545 --> 00:28:29,005
And I think just to add to that as well,

611
00:28:29,045 --> 00:28:31,285
I think the other component we we're, we've noted the

612
00:28:32,125 --> 00:28:34,285
reduction of impervious surface on the site.

613
00:28:34,585 --> 00:28:36,885
You know, most folks on a walkway to their,

614
00:28:37,065 --> 00:28:38,365
to their pool from the house.

615
00:28:38,465 --> 00:28:42,045
And you, you would have a 200 foot four foot wide walkway.

616
00:28:42,165 --> 00:28:44,805
I mean you're adding, you know, 800 square feet

617
00:28:44,805 --> 00:28:49,365
of new impervious back just to check a box for some standard

618
00:28:49,475 --> 00:28:52,765
that again, I think we're, we're trying to prove doesn't,

619
00:28:52,765 --> 00:28:54,045
doesn't make sense in this case.

620
00:28:55,905 --> 00:28:57,245
So Brett, just a couple of questions.

621
00:28:57,365 --> 00:28:58,685
I just wanna make sure that I understood

622
00:28:58,685 --> 00:29:00,285
what you've said in the last couple minutes.

623
00:29:02,945 --> 00:29:05,045
As a somebody, you

624
00:29:05,045 --> 00:29:06,005
and I have been through a number of these

625
00:29:06,005 --> 00:29:06,765
hearings over the years.

626
00:29:07,565 --> 00:29:09,485
Somebody who's familiar with site design, familiar

627
00:29:09,485 --> 00:29:13,605
with county code and critical area legal requirements

628
00:29:13,865 --> 00:29:15,765
and site design constraints.

629
00:29:15,985 --> 00:29:19,365
Do you believe that there are,

630
00:29:19,575 --> 00:29:21,965
based on this particular property

631
00:29:22,545 --> 00:29:24,205
and the layout as it exists

632
00:29:24,505 --> 00:29:27,245
and the legal grandfathered non-conforming structures

633
00:29:27,245 --> 00:29:30,725
that have existed for four plus six decades,

634
00:29:32,705 --> 00:29:35,925
do you recognize site specific constraints

635
00:29:35,995 --> 00:29:39,285
that eliminate any other reasonable location for this pool?

636
00:29:39,385 --> 00:29:42,685
Yes. And do you believe that if the pool were relocated

637
00:29:42,715 --> 00:29:46,285
outside of the buffer anywhere else on site,

638
00:29:46,305 --> 00:29:49,285
it would result, it would likely result in clearing

639
00:29:49,285 --> 00:29:51,725
of vegetation and trees that isn't currently proposed?

640
00:29:52,305 --> 00:29:54,405
That's, that's one com Yeah. One aspect, yes.

641
00:29:54,505 --> 00:29:56,565
And you also believe that it would result in more

642
00:29:56,595 --> 00:29:58,565
disturbance than what is going to result?

643
00:29:58,665 --> 00:30:02,685
Yes. And both of those things result in greater impacts to

644
00:30:03,395 --> 00:30:04,805
land within the critical area

645
00:30:05,265 --> 00:30:07,845
and vegetation within the critical area and water quality.

646
00:30:08,375 --> 00:30:09,485
Understood. Yes. Yep.

647
00:30:09,785 --> 00:30:11,805
And, and just to be clear, what's proposed

648
00:30:11,805 --> 00:30:15,445
with this lot coverage reconfiguration is storm water

649
00:30:15,445 --> 00:30:19,045
measures that will further protect the adjacent

650
00:30:19,045 --> 00:30:20,285
water body within the buffer?

651
00:30:20,425 --> 00:30:21,925
Yes. Understood. Okay.

652
00:30:24,075 --> 00:30:27,805
Just quickly, and again, I'd like to just rely on the 12

653
00:30:27,865 --> 00:30:30,645
or 16 page variance narrative

654
00:30:30,645 --> 00:30:34,445
that we submitted addressing both state and county regulat

655
00:30:34,705 --> 00:30:37,485
or criteria that have to be addressed.

656
00:30:38,985 --> 00:30:42,805
You've heard that there is a,

657
00:30:42,965 --> 00:30:45,805
a property specific hardship in the form of site constraints

658
00:30:46,065 --> 00:30:47,165
and an existing layout

659
00:30:47,425 --> 00:30:49,445
and existing structures that are all lawful,

660
00:30:49,445 --> 00:30:52,485
but create conditions where the only reasonable

661
00:30:52,545 --> 00:30:57,325
and viable option for this pool location is as proposed.

662
00:30:58,065 --> 00:31:00,765
The conditions are peculiar to this property.

663
00:31:00,915 --> 00:31:02,365
This house is not located

664
00:31:02,425 --> 00:31:05,165
and wasn't built in 1948 on another property.

665
00:31:05,665 --> 00:31:07,605
The driveway that lawfully exists

666
00:31:07,605 --> 00:31:08,965
wasn't built on another property.

667
00:31:09,345 --> 00:31:11,565
The SDA wasn't built on another property

668
00:31:11,565 --> 00:31:13,045
and platted on another property.

669
00:31:13,305 --> 00:31:15,645
And the lot line configurations that exist

670
00:31:15,785 --> 00:31:18,245
as they do don't exist on another property.

671
00:31:18,245 --> 00:31:20,765
These are property specific peculiar

672
00:31:20,785 --> 00:31:22,165
to the property that is involved.

673
00:31:22,785 --> 00:31:24,165
The conditions are not the result

674
00:31:24,165 --> 00:31:26,125
of any action taken by the applicant.

675
00:31:26,175 --> 00:31:27,845
Again, all of this development,

676
00:31:27,855 --> 00:31:31,005
other than the lawful relocation of the house adjacent

677
00:31:31,065 --> 00:31:34,205
to the sewage disposal area, was done by property

678
00:31:34,725 --> 00:31:36,725
owners in the past before Ms.

679
00:31:37,005 --> 00:31:38,645
Nessy purchased the property.

680
00:31:39,185 --> 00:31:42,045
And really what changed that brings us

681
00:31:42,045 --> 00:31:44,325
before you is the critical area law was adopted in the

682
00:31:44,525 --> 00:31:46,045
eighties, which imposed the 100 foot buffer.

683
00:31:46,305 --> 00:31:48,405
The pool is lawfully within the 100 foot buffer.

684
00:31:50,625 --> 00:31:52,925
The variance will not be contrary to the public interest

685
00:31:52,925 --> 00:31:55,925
or the policies, goals, and objectives of Chapter 14 one

686
00:31:55,925 --> 00:31:57,765
and the Queen Annes County critical area program,

687
00:31:58,265 --> 00:32:00,565
you've heard through expert testimony

688
00:32:00,565 --> 00:32:02,165
that this results in a net benefit

689
00:32:02,385 --> 00:32:05,725
to the adjacent water body and the critical area

690
00:32:05,785 --> 00:32:08,525
and the buffer storm water will be treated beyond

691
00:32:08,525 --> 00:32:09,725
what is there today.

692
00:32:10,185 --> 00:32:11,885
And the applicant is proposing

693
00:32:11,885 --> 00:32:15,565
to voluntarily reduce a significant amount of lot coverage

694
00:32:16,625 --> 00:32:19,045
on the site as part of this plan.

695
00:32:20,365 --> 00:32:22,805
Variance will not confer upon an applicant any special

696
00:32:22,805 --> 00:32:26,965
privilege to denied to other owners of lake property and

697
00:32:26,965 --> 00:32:28,725
or structures within the critical area.

698
00:32:29,305 --> 00:32:31,325
I'd like to just hand out an aerial exhibit.

699
00:32:31,725 --> 00:32:34,965
I think this should be applicant's Exhibit 10. Correct.

700
00:32:39,705 --> 00:32:40,125
Thanks.

701
00:32:49,705 --> 00:32:51,725
So this is just a quick exhibit.

702
00:32:52,065 --> 00:32:54,885
I'm, I'm sure that the, the board's reviewed, you know,

703
00:32:55,155 --> 00:32:58,045
aerials and is familiar with properties in the vicinity.

704
00:32:59,715 --> 00:33:03,125
This is second sheet

705
00:33:03,415 --> 00:33:07,565
after the cover page is a, a general aerial

706
00:33:07,745 --> 00:33:09,845
of the vicinity of the property.

707
00:33:09,905 --> 00:33:13,325
You can see that the address identified at the top

708
00:33:13,425 --> 00:33:17,005
of the aerial 1 76 her lane is the subject property.

709
00:33:17,025 --> 00:33:18,845
And then as you work around to the south

710
00:33:19,345 --> 00:33:24,325
and the southwest of that, you can see that pools between

711
00:33:25,025 --> 00:33:28,925
houses and mean high water are a, a common and they

712
00:33:28,945 --> 00:33:31,765
and reasonable feature of residential improvements.

713
00:33:32,225 --> 00:33:34,165
You know, not just throughout the state,

714
00:33:34,305 --> 00:33:35,965
not just throughout Queen Anne's County,

715
00:33:36,025 --> 00:33:40,205
but in the immediate vicinity of the subject property

716
00:33:42,305 --> 00:33:45,645
denial of the variance would eliminate this applicant's

717
00:33:45,645 --> 00:33:48,925
ability to reconfigure the lot coverage in the buffer

718
00:33:49,145 --> 00:33:50,325
and make reasonable use

719
00:33:50,355 --> 00:33:54,125
therefore, of the property as proposed.

720
00:33:55,085 --> 00:33:57,005
I, I'm happy to go through each one of these,

721
00:33:57,105 --> 00:34:01,045
but we've given general dimensions of the proximity

722
00:34:01,105 --> 00:34:04,925
to mean high water of these various pools and pool decks.

723
00:34:04,925 --> 00:34:09,365
And as you can see there is a pattern of

724
00:34:11,475 --> 00:34:14,285
residential development, of course with pools

725
00:34:14,285 --> 00:34:16,485
between the house and mean high water.

726
00:34:16,485 --> 00:34:18,725
That's a reasonable and common improvement

727
00:34:18,725 --> 00:34:20,165
throughout the county.

728
00:34:22,785 --> 00:34:25,845
And I can just confirm for the record, 1, 2, 3, 4, 5, 6, 7.

729
00:34:25,845 --> 00:34:28,645
There are seven other pools that we've identified.

730
00:34:28,645 --> 00:34:31,045
And this was not an exhaustive search by any means.

731
00:34:31,065 --> 00:34:34,805
It was just a quick aerial takeoff to demonstrate this.

732
00:34:36,785 --> 00:34:39,365
The variance is the minimum deviation from the provisions

733
00:34:39,365 --> 00:34:40,445
of Chapter 14 one

734
00:34:40,445 --> 00:34:42,965
that will make possible the reasonable use of lander structures.

735
00:34:43,435 --> 00:34:46,005
This is a, a significant reduction.

736
00:34:46,005 --> 00:34:48,645
It's not just proposing to relocate the pool.

737
00:34:48,775 --> 00:34:50,045
We've gone above and beyond

738
00:34:50,105 --> 00:34:52,845
to eliminate lot coverage on this property

739
00:34:52,845 --> 00:34:54,285
and furtherance of the critical area

740
00:34:54,285 --> 00:34:58,525
and county goals when it comes to LDA property in the LDA

741
00:34:58,625 --> 00:35:03,045
and the buffer, shifting this up adjacent

742
00:35:03,185 --> 00:35:06,245
to the house, moves it further away from the property.

743
00:35:06,945 --> 00:35:09,005
The pool is not getting bigger, it's getting smaller.

744
00:35:09,185 --> 00:35:11,725
So we believe that this is the minimum deviation

745
00:35:12,485 --> 00:35:14,085
from the provisions of 14 one

746
00:35:14,085 --> 00:35:16,165
that make possible this reasonable proposal.

747
00:35:17,065 --> 00:35:18,645
And then the granting of the variance will be

748
00:35:18,645 --> 00:35:19,765
in harmony with the general purpose.

749
00:35:19,785 --> 00:35:21,165
And 10 of chapter 14 one,

750
00:35:21,165 --> 00:35:22,685
the Queen Anns County critical area program.

751
00:35:22,745 --> 00:35:25,565
And the variance shall not result in a use not permitted in

752
00:35:25,565 --> 00:35:26,965
the applicable development area.

753
00:35:27,585 --> 00:35:31,685
You've heard from staff that residential

754
00:35:33,035 --> 00:35:35,605
uses are permitted in the NC one district

755
00:35:35,605 --> 00:35:37,365
and in the LDA we agree with

756
00:35:37,365 --> 00:35:39,725
that accessory residential structures such

757
00:35:39,725 --> 00:35:42,085
as pools are permitted in the zoning district as well.

758
00:35:43,075 --> 00:35:45,885
This results in the betterment

759
00:35:45,905 --> 00:35:48,645
of water quality going into the adjacent water body.

760
00:35:48,705 --> 00:35:53,245
It results in a net decrease in lot coverage on site

761
00:35:53,665 --> 00:35:56,965
and we believe that it is in harmony

762
00:35:57,115 --> 00:36:00,085
with the general purpose and intent of the county code

763
00:36:00,225 --> 00:36:01,565
and state regulations.

764
00:36:02,555 --> 00:36:04,725
With that, happy to answer any questions that you have,

765
00:36:05,545 --> 00:36:08,325
but ask that the board looks at this favorably

766
00:36:08,385 --> 00:36:10,565
and approves the variance as requested.

767
00:36:10,835 --> 00:36:12,725
Good. One minor thing, just for clarification,

768
00:36:12,815 --> 00:36:17,765
staff mentioned a to the south side

769
00:36:17,765 --> 00:36:20,885
of the proposed pool, a a gravel pad

770
00:36:20,985 --> 00:36:23,485
and you mentioned a gravel area that was being removed.

771
00:36:23,945 --> 00:36:26,325
Is that one and the same or is there still a proposal

772
00:36:26,425 --> 00:36:27,925
for a gravel pad?

773
00:36:27,925 --> 00:36:32,885
It is there. And, and what would be the, so the purpose of,

774
00:36:33,065 --> 00:36:35,405
of that increase,

775
00:36:35,835 --> 00:36:37,485
This the one that I think right?

776
00:36:38,385 --> 00:36:41,405
I'm show you Okay. From the site plan. Yeah.

777
00:36:42,185 --> 00:36:45,205
The area that's being removed is hatched here. Yep.

778
00:36:45,265 --> 00:36:46,405
So all that is lock coverage. That's,

779
00:36:46,405 --> 00:36:48,725
and then you're retaining that small area, the area

780
00:36:48,835 --> 00:36:52,485
that is being added Okay.

781
00:36:52,825 --> 00:36:55,405
Is right here. So all that lot coverage is here. Okay.

782
00:36:55,405 --> 00:36:57,285
That's being removed on the southeast corner.

783
00:36:57,435 --> 00:36:59,965
There's a small corner here that's being proposed

784
00:37:00,025 --> 00:37:04,885
to be added and that is only to make the driveway uniform.

785
00:37:05,635 --> 00:37:07,725
Okay. So that's a, that's 41 square feet

786
00:37:07,945 --> 00:37:10,805
of lot coverage and that's outside.

787
00:37:10,905 --> 00:37:14,405
Oh no, it's just inside. It's inside. Yeah. Got it.

788
00:37:15,185 --> 00:37:19,285
So, so the driveway, this is a 25

789
00:37:19,825 --> 00:37:20,965
or 26 imagery,

790
00:37:21,385 --> 00:37:23,645
so it looks like the driveway was removed there.

791
00:37:23,925 --> 00:37:25,245
I don't know if that's the case or not,

792
00:37:25,245 --> 00:37:27,965
but if you're wanting to connect it to the existing

793
00:37:28,785 --> 00:37:31,765
two proposed driveway, if this is what's proposed,

794
00:37:31,765 --> 00:37:34,685
you're not gonna be able to be connected to a

795
00:37:35,365 --> 00:37:37,245
driveway outside of the buffer

796
00:37:37,625 --> 00:37:38,925
If that Well that's,

797
00:37:39,545 --> 00:37:41,845
I'm not sure, I'm not sure the logistics of it

798
00:37:41,905 --> 00:37:43,765
or what actually was demolished,

799
00:37:43,765 --> 00:37:45,645
but I'm just going by the aerial I imagery, so

800
00:37:45,645 --> 00:37:48,005
All that, so all that, yeah, that actually does

801
00:37:48,585 --> 00:37:49,765
on the permit site plan,

802
00:37:49,765 --> 00:37:52,045
that gravel does extend out to that point.

803
00:37:52,395 --> 00:37:55,325
Okay. It's just that little 41 square foot opening. But

804
00:37:55,325 --> 00:37:56,325
Technically it was removed.

805
00:37:56,445 --> 00:37:58,925
Actually, if you pull up the site plan, it's clearer than,

806
00:37:59,045 --> 00:38:01,245
I don't know who put this exhibit together, if it was staff

807
00:38:01,245 --> 00:38:03,045
or somebody from lane Engineering.

808
00:38:03,105 --> 00:38:06,445
But no, the site plan shows that the

809
00:38:08,485 --> 00:38:10,325
driveway is actually on the western boundary

810
00:38:10,325 --> 00:38:11,445
of that proposed area.

811
00:38:13,405 --> 00:38:15,485
I believe the area you were showing me is different than the

812
00:38:15,485 --> 00:38:17,245
area she was just pointing to there,

813
00:38:22,395 --> 00:38:23,655
But Yeah, ours is black and white,

814
00:38:23,675 --> 00:38:25,215
but you can see the line.

815
00:38:30,235 --> 00:38:32,405
Yeah. And this is, this exists here, that's not

816
00:38:32,755 --> 00:38:33,755
Correct.

817
00:38:33,795 --> 00:38:34,795
Yeah.

818
00:38:36,835 --> 00:38:38,205
Clarify. Is that the scene?

819
00:38:40,685 --> 00:38:42,565
I just wanna make sure whatever the vari,

820
00:38:43,125 --> 00:38:44,245
whatever's being requested, requested is

821
00:38:44,245 --> 00:38:45,605
that they don't have a gap in between.

822
00:38:45,655 --> 00:38:48,645
Right. A hundred foot buffer and the driveway that is now.

823
00:38:48,795 --> 00:38:50,805
Yeah. So you proposed with this variance, I

824
00:38:50,805 --> 00:38:51,965
Don't know if you had that exhibit up.

825
00:38:51,965 --> 00:38:54,045
So I'm trying to pull, there's, there's,

826
00:38:54,105 --> 00:38:57,125
you can see the line work of the existing driveway

827
00:38:57,185 --> 00:39:00,045
and that's being retained and being reestablished.

828
00:39:00,345 --> 00:39:02,445
You know, basically the gravel is gonna remain there.

829
00:39:04,755 --> 00:39:08,765
Mind if I, if you go into that area,

830
00:39:13,005 --> 00:39:14,005
I Think.

831
00:39:14,005 --> 00:39:15,005
Yep. So you see the, where on the left

832
00:39:15,005 --> 00:39:17,005
where it says proposed gravel for driveway,

833
00:39:17,035 --> 00:39:19,405
then on the right it says proposed gravel for driveway.

834
00:39:19,555 --> 00:39:20,845
They're just kind of following

835
00:39:20,845 --> 00:39:21,965
the edge of that retaining wall.

836
00:39:21,965 --> 00:39:23,125
So those see those lines.

837
00:39:23,865 --> 00:39:26,365
So that's your lines of your existing driveway

838
00:39:26,395 --> 00:39:31,245
that was surveyed again back when we surveyed this?

839
00:39:31,365 --> 00:39:32,525
I think it was a year or two ago.

840
00:39:33,995 --> 00:39:36,645
Yeah, I, I'm, I'm not particularly concerned by that,

841
00:39:36,645 --> 00:39:38,725
but she brought it up so I wanted to make sure we understood

842
00:39:38,725 --> 00:39:39,725
It.

843
00:39:39,725 --> 00:39:41,485
Yeah, if it was already removed previously,

844
00:39:42,955 --> 00:39:44,405
it's gone 'cause it's in the buffer

845
00:39:45,145 --> 00:39:48,085
And well, we can propose the it as part

846
00:39:48,085 --> 00:39:49,165
of the lot coverage

847
00:39:49,965 --> 00:39:51,205
Reconfiguration in The buffer,

848
00:39:51,205 --> 00:39:52,125
Which is what, But this

849
00:39:52,125 --> 00:39:53,285
application. Correct. Is that what you're

850
00:39:53,385 --> 00:39:54,565
Not with this application?

851
00:39:54,705 --> 00:39:57,325
No. 'cause you, I think with the permit application

852
00:39:57,325 --> 00:39:59,405
that was already approved for the house shows

853
00:39:59,405 --> 00:40:01,125
that gravel area are being retained.

854
00:40:02,115 --> 00:40:03,885
Okay. So that they're under construction right now.

855
00:40:03,945 --> 00:40:05,445
So they're, you know, you're, again, you're going

856
00:40:05,445 --> 00:40:07,605
to have some modifications of stuff,

857
00:40:07,705 --> 00:40:09,605
but generally in the critical area

858
00:40:09,625 --> 00:40:12,445
or in a buffer, you have a year if something's removed,

859
00:40:12,465 --> 00:40:13,805
you have a year to replace it

860
00:40:13,805 --> 00:40:15,845
and still retain that grandfathering component.

861
00:40:16,085 --> 00:40:18,525
I, I don't know for certain and I don't think so. Okay.

862
00:40:18,625 --> 00:40:20,885
But I, I will say the building permit application

863
00:40:20,945 --> 00:40:23,565
for the main house has the gravel driveway

864
00:40:23,565 --> 00:40:25,365
as we show it on this plan here.

865
00:40:25,555 --> 00:40:27,245
Okay. And so we're just kind of filling

866
00:40:27,245 --> 00:40:29,165
that gap in that buffer area.

867
00:40:29,605 --> 00:40:31,565
Okay. Again, to just fill the gap

868
00:40:32,025 --> 00:40:33,645
If you're, as long as you're, you're comfortable with it,

869
00:40:33,725 --> 00:40:35,805
I just wanted to make, put it out there so that Sure.

870
00:40:35,865 --> 00:40:37,885
You didn't have a hole in your the driveway. No. Well

871
00:40:37,925 --> 00:40:38,925
I appreciate you bringing that up.

872
00:40:38,925 --> 00:40:39,925
Yeah, thank you.

873
00:40:42,835 --> 00:40:45,405
Okay. You got any more questions?

874
00:40:48,985 --> 00:40:50,765
All right. Those persons opposing the granting

875
00:40:50,765 --> 00:40:54,685
of this application may now testify doesn't appear

876
00:40:54,685 --> 00:40:59,505
to be anyone we need to go into an executive session.

877
00:40:59,865 --> 00:41:01,785
I don't think so. So I don't think so either.

878
00:41:04,825 --> 00:41:06,665
I think it's an, I think it's an impressive plan.

879
00:41:06,785 --> 00:41:09,105
I think that the testimony shows that that location

880
00:41:09,125 --> 00:41:10,785
to the southwest of the,

881
00:41:11,085 --> 00:41:13,625
of the new house location would not be a reasonable

882
00:41:13,625 --> 00:41:14,905
and safe place for the pool.

883
00:41:15,325 --> 00:41:18,945
And that this is the logical location

884
00:41:19,005 --> 00:41:21,065
for the re relocation of the pool.

885
00:41:21,065 --> 00:41:23,345
There was a pool there on site when she purchased it.

886
00:41:23,545 --> 00:41:26,505
I think that it's shown to be a reasonable

887
00:41:26,505 --> 00:41:30,665
and expected usage of the residences in that home.

888
00:41:30,905 --> 00:41:32,225
I don't have an issue with it.

889
00:41:32,225 --> 00:41:34,165
Obviously we need to to go through the criteria though.

890
00:41:34,565 --> 00:41:36,085
I think it very well explain. Yeah.

891
00:41:38,895 --> 00:41:40,285
Ready? Ready. Okay.

892
00:41:41,025 --> 00:41:42,885
So both the staff report

893
00:41:43,065 --> 00:41:47,125
and the written narrative go through at length.

894
00:41:47,345 --> 00:41:48,845
The factors yes.

895
00:41:48,845 --> 00:41:53,645
That you all need to consider, but we kind of need

896
00:41:53,645 --> 00:41:56,405
to indicate a little specificity

897
00:41:56,625 --> 00:41:57,685
as we go through the factors.

898
00:41:57,825 --> 00:41:59,565
We can't just completely point to them.

899
00:41:59,715 --> 00:42:04,165
Does that make sense? So if you could just as you did Mr.

900
00:42:04,165 --> 00:42:07,165
Magine kind of point stuff out there, I'm gonna have you do

901
00:42:07,165 --> 00:42:08,405
that as we go through these criteria.

902
00:42:08,405 --> 00:42:13,165
Sure. Okay. Yep. So with respect to 14 one dash 66,

903
00:42:13,305 --> 00:42:17,325
the first thing that needs to be addressed is

904
00:42:17,325 --> 00:42:18,805
that a little literal enforcement

905
00:42:18,805 --> 00:42:21,485
of this Chapter 14 one would result in unnecessary hardship

906
00:42:21,505 --> 00:42:23,285
as a result of specified conditions,

907
00:42:23,415 --> 00:42:25,165
which hardship is not shared by owners

908
00:42:25,185 --> 00:42:26,925
of other property in the same development area.

909
00:42:27,665 --> 00:42:31,845
Yes. Yes. And I think, you know, the testimony shows that,

910
00:42:32,585 --> 00:42:34,565
you know, the, this this

911
00:42:36,045 --> 00:42:37,405
property was purchased with the pool.

912
00:42:37,715 --> 00:42:40,645
They're, they're, they're essentially replacing

913
00:42:41,985 --> 00:42:43,005
an existing feature

914
00:42:43,275 --> 00:42:46,485
with significant improvements in the only place

915
00:42:46,485 --> 00:42:48,485
that is reasonable to locate it

916
00:42:48,485 --> 00:42:50,965
and in a way that is gonna dramatically improve the

917
00:42:50,965 --> 00:42:52,245
conditions of the site.

918
00:42:53,555 --> 00:42:56,885
Okay. The next factor

919
00:42:58,425 --> 00:42:59,365
and in consideration of

920
00:42:59,365 --> 00:43:00,645
the testimony you heard today, correct?

921
00:43:01,345 --> 00:43:03,565
Yes. Those conditions are peculiar

922
00:43:03,565 --> 00:43:04,605
to the property involved?

923
00:43:06,065 --> 00:43:08,645
Yes. Yes. Why do you believe they're

924
00:43:08,645 --> 00:43:09,965
peculiar to the property involved?

925
00:43:11,565 --> 00:43:12,805
I know I'm forcing a little bit more,

926
00:43:12,865 --> 00:43:16,325
but I think in these cases with buffer requirements, we need

927
00:43:16,325 --> 00:43:19,525
to put a little bit more out there if we

928
00:43:19,525 --> 00:43:21,805
can on the record.

929
00:43:23,425 --> 00:43:25,925
So we, we've looked at the topography of the property,

930
00:43:25,925 --> 00:43:29,685
we've looked at the, the relocation of the house and where

931
00:43:29,825 --> 00:43:32,405
and and why they couldn't go any farther to the west

932
00:43:33,145 --> 00:43:37,245
and to the benefits of, of the current proposed location

933
00:43:37,245 --> 00:43:38,565
of the, of the pool

934
00:43:38,565 --> 00:43:41,045
and the challenges in, in attempting to move it elsewhere.

935
00:43:42,345 --> 00:43:46,045
It clearly is a unique shaped property

936
00:43:47,555 --> 00:43:49,485
with structures and

937
00:43:49,505 --> 00:43:54,325
and development that predate the current current standards

938
00:43:54,325 --> 00:43:56,805
and, and that you have to work around and, and accommodate.

939
00:43:57,545 --> 00:43:59,845
And I think they've put together the best plan that they can

940
00:43:59,985 --> 00:44:04,005
to, to work within, to work within a a unique property.

941
00:44:04,755 --> 00:44:06,245
Okay. Those conditions are not the result

942
00:44:06,245 --> 00:44:07,645
of any action taken by the applicant?

943
00:44:08,665 --> 00:44:12,565
Yes. Yes. Variance will not be contrary

944
00:44:12,565 --> 00:44:14,005
to the public interest or the policy goals.

945
00:44:14,005 --> 00:44:15,605
Objectives of Chapter 14 one

946
00:44:15,605 --> 00:44:18,125
and Quin County critical area program? Yes. Yes.

947
00:44:18,265 --> 00:44:19,285
Per the testimony on

948
00:44:21,665 --> 00:44:26,365
The, and the variance will not confer upon an

949
00:44:26,365 --> 00:44:29,405
applicant any special privilege denied to other owners

950
00:44:29,505 --> 00:44:31,605
of property or structures within the critical area.

951
00:44:32,505 --> 00:44:34,005
Yes. And there was no testimony

952
00:44:34,005 --> 00:44:37,125
of anyone being denied a similar privilege.

953
00:44:37,525 --> 00:44:40,525
I think Exhibit 10 outlined that pretty well. Yes.

954
00:44:41,875 --> 00:44:43,885
With respect to the next one,

955
00:44:43,885 --> 00:44:45,525
the variance will not adversely affect water quality

956
00:44:45,665 --> 00:44:48,645
or adversely affect or adversely impact fish, wildlife

957
00:44:48,645 --> 00:44:50,365
or plant habitats within the critical area.

958
00:44:51,425 --> 00:44:53,325
Yes. In fact, the testimony was pretty clear

959
00:44:53,325 --> 00:44:55,805
that this can only improve the circumstances.

960
00:44:57,785 --> 00:44:59,845
The variance is that mini many

961
00:45:00,715 --> 00:45:02,805
minimum deviation from the versions

962
00:45:02,805 --> 00:45:05,725
of Chapter 14 one that'll make possible the reasonable use

963
00:45:05,725 --> 00:45:06,725
of lander structures.

964
00:45:07,445 --> 00:45:09,845
I believe so, yes. They're downsizing the pool.

965
00:45:10,155 --> 00:45:12,485
It's a more modest layout in a more

966
00:45:13,235 --> 00:45:17,205
desirable location further away from the water, I think yes.

967
00:45:18,625 --> 00:45:19,965
The granting the variance will be in harmony

968
00:45:19,995 --> 00:45:22,365
with the purposes intent pur general purposes

969
00:45:22,365 --> 00:45:23,485
and intent of this Chapter 14,

970
00:45:23,485 --> 00:45:24,805
the Queens County critical area program

971
00:45:24,865 --> 00:45:27,645
and the variance shall not result in the use not permitted

972
00:45:27,825 --> 00:45:29,245
in the applicable development area

973
00:45:29,345 --> 00:45:31,845
or an increase in the applicable density limitations?

974
00:45:34,465 --> 00:45:35,125
Yes. Yes.

975
00:45:39,035 --> 00:45:40,605
Finally, under Komar you

976
00:45:40,605 --> 00:45:41,725
have to find certain things as well.

977
00:45:43,625 --> 00:45:44,625
The applicant

978
00:45:47,235 --> 00:45:48,445
Give me indulgence

979
00:45:49,705 --> 00:45:51,925
Due to special fe of the site or special conditions

980
00:45:51,925 --> 00:45:54,645
or circumstances peculiar to the structure or land.

981
00:45:54,965 --> 00:45:57,365
A literal enforcement of a local critical area program would

982
00:45:57,365 --> 00:45:59,885
result in an unwarranted hardship to the applicant. Yes.

983
00:46:00,105 --> 00:46:01,245
For the same reasons we've already

984
00:46:01,245 --> 00:46:02,405
discussed about the property.

985
00:46:07,245 --> 00:46:09,685
I am sorry. Going between three different glasses.

986
00:46:10,085 --> 00:46:14,805
So struggling on, okay, number two,

987
00:46:14,965 --> 00:46:16,005
a literal interpretation

988
00:46:16,005 --> 00:46:18,045
of the local critical area program would deprive the

989
00:46:18,045 --> 00:46:20,165
applicant of use of land

990
00:46:20,165 --> 00:46:21,765
or structure permitted to others in accordance

991
00:46:21,765 --> 00:46:23,605
with the provisions of the local critical area program?

992
00:46:24,665 --> 00:46:26,245
Yes. And that was well documented.

993
00:46:28,375 --> 00:46:30,415
Granting the variance would not confer upon the applicant

994
00:46:30,415 --> 00:46:31,895
any special privilege that will be denied

995
00:46:31,895 --> 00:46:33,855
by the local critical area program to other lands

996
00:46:33,855 --> 00:46:34,855
or structures in accordance

997
00:46:34,855 --> 00:46:36,295
with the provisions of the critical area program.

998
00:46:37,235 --> 00:46:41,215
Yes. Yes. Variance request is not based upon conditions

999
00:46:41,215 --> 00:46:42,175
or circumstances that are a

1000
00:46:42,175 --> 00:46:42,975
result of actions for the

1001
00:46:42,975 --> 00:46:44,255
applicant. I know it sounds repetitive,

1002
00:46:44,395 --> 00:46:45,375
But Yes. Yes.

1003
00:46:45,755 --> 00:46:47,855
The variance request does not arise from any conforming

1004
00:46:47,855 --> 00:46:49,415
or nonconforming condition on any

1005
00:46:49,735 --> 00:46:50,895
neighboring property. Yes.

1006
00:46:51,035 --> 00:46:52,095
Yes. Draining

1007
00:46:52,095 --> 00:46:53,575
The variance would not adversely affect water

1008
00:46:53,575 --> 00:46:54,855
quality or adversely impact.

1009
00:46:55,245 --> 00:46:57,295
Same fish wildlife plant habitat. Yes.

1010
00:46:57,435 --> 00:46:59,975
Yes. And

1011
00:47:00,135 --> 00:47:01,615
Then finally, the granting

1012
00:47:01,615 --> 00:47:02,775
of the variance would be in harmony

1013
00:47:02,805 --> 00:47:05,215
with the general spirit intent of critical area law,

1014
00:47:05,395 --> 00:47:08,095
the regulations and the local critical area program. Yes.

1015
00:47:08,235 --> 00:47:08,455
Yes.

1016
00:47:14,125 --> 00:47:15,655
That is all the criteria you have

1017
00:47:15,655 --> 00:47:18,335
to consider in deciding which you would like to

1018
00:47:18,335 --> 00:47:19,335
Do.

1019
00:47:27,645 --> 00:47:30,845
Well I do believe they purchased a property to, just

1020
00:47:30,845 --> 00:47:32,805
to establish they purchased a property

1021
00:47:32,805 --> 00:47:36,005
with a pool in an area where ownership of a pool is, is

1022
00:47:37,125 --> 00:47:38,925
standard and,

1023
00:47:39,025 --> 00:47:42,045
and part of the waterfront life part of

1024
00:47:43,905 --> 00:47:46,915
enjoyment of a property such as this, we've established

1025
00:47:46,915 --> 00:47:49,675
that this is the only location that makes sense

1026
00:47:49,735 --> 00:47:54,275
and that they're going to great lengths to do so in a way

1027
00:47:54,275 --> 00:47:57,235
that it improves the current circumstances on the site.

1028
00:47:57,675 --> 00:48:00,155
I think it would be an unwarranted hardship to expect them

1029
00:48:00,175 --> 00:48:04,035
to not be able to retain the use of a pool in this,

1030
00:48:04,255 --> 00:48:05,675
in this approximate location

1031
00:48:05,775 --> 00:48:07,755
and that they're doing all the right things to,

1032
00:48:09,575 --> 00:48:12,675
to replace it in kind in a way that minimizes the impact

1033
00:48:13,345 --> 00:48:16,035
with the minimal reasonable size to do so.

1034
00:48:16,655 --> 00:48:18,155
So that being said,

1035
00:48:19,335 --> 00:48:21,595
For motion, I'm ready for a motion.

1036
00:48:22,245 --> 00:48:23,245
Ready? Yep.

1037
00:48:25,175 --> 00:48:26,275
I'd like to make a motion

1038
00:48:26,375 --> 00:48:28,035
for case number BOA

1039
00:48:28,415 --> 00:48:31,515
2 6 0 7 0 2 4 6

1040
00:48:32,855 --> 00:48:35,835
to permit a replacement of pool, pool, patio

1041
00:48:36,295 --> 00:48:39,595
and decking landing stairs, retaining walls

1042
00:48:39,695 --> 00:48:42,355
and gravel driveway for a total disturbance

1043
00:48:42,975 --> 00:48:46,995
of 1,837 square feet within the a hundred

1044
00:48:47,025 --> 00:48:48,475
foot critical area buffer.

1045
00:48:50,135 --> 00:48:52,355
Any conditionals condition,

1046
00:48:53,315 --> 00:48:57,055
No conditions Any pretty much covered.

1047
00:48:57,525 --> 00:48:59,375
They're in no court conditions,

1048
00:49:02,205 --> 00:49:03,935
There's no Proposed submissions, there's no princip,

1049
00:49:04,445 --> 00:49:07,615
it's unwarranted hardship and reasonable use

1050
00:49:07,675 --> 00:49:11,135
and how to unwarranted hardship is peculiar to the property.

1051
00:49:13,005 --> 00:49:15,975
I'll second that motion. All all in favor? Aye. Aye.

1052
00:49:19,185 --> 00:49:22,775
Thank you. And and now declare this hearing to be adjourned.

1053
00:49:22,775 --> 00:49:24,335
You will receive a formal decision as soon

1054
00:49:24,335 --> 00:49:25,615
as possible. Okay.

1055
00:49:26,145 --> 00:49:28,455
Thank you Very much. Now, now, thank you. Yeah.

1056
00:49:30,115 --> 00:49:31,855
Oh yeah. This one needs the additional

1057
00:49:32,055 --> 00:49:33,335
announcement about critical areas, right?

1058
00:49:34,395 --> 00:49:36,575
I'm sorry. Yeah. So for chapter 14,

1059
00:49:36,895 --> 00:49:39,015
critical area variances, your building permit must be held

1060
00:49:39,175 --> 00:49:40,655
30 days from the date of the board's

1061
00:49:40,655 --> 00:49:41,655
Formal decision.

1062
00:49:41,655 --> 00:49:42,655
Oh, I didn't understand what you were asking, I apologize.

1063
00:49:42,655 --> 00:49:47,295
Yeah, I was presuming that Mr. Mon is aware of that Yes.

1064
00:49:47,295 --> 00:49:50,255
That we have to hold 30 days from the written decision. From

1065
00:49:50,255 --> 00:49:51,575
The From the appeal period. Appeal period.

1066
00:49:51,575 --> 00:49:53,815
Correct. Will you accept the application?

1067
00:49:53,845 --> 00:49:54,975
Just not issue the permit?

1068
00:49:57,955 --> 00:50:01,215
I'm sorry? Will the county accept the application

1069
00:50:01,215 --> 00:50:02,895
and that 30 day just not issue the permit

1070
00:50:03,025 --> 00:50:04,295
until the 30 day is left? You

1071
00:50:04,295 --> 00:50:05,295
Don't have to ask Vivian.

1072
00:50:05,295 --> 00:50:06,895
I was gonna say, I don't know that I know that answer.

1073
00:50:07,165 --> 00:50:09,335
Alright. I just know you have to wait for 30 days.

1074
00:50:09,615 --> 00:50:10,615
I don't want answer for them.

1075
00:50:12,465 --> 00:50:14,135
These are pretty Yeah

1076
00:50:14,915 --> 00:50:15,915
Sir.

1077
00:50:15,915 --> 00:50:17,455
I don't have that sheet. I'm like, huh? Oh, I'm sorry.

1078
00:50:17,595 --> 00:50:18,975
No, you're okay. I'm literally like,

1079
00:50:18,975 --> 00:50:20,095
I dunno what you're talking about.

1080
00:50:34,465 --> 00:50:36,525
Anyone that's here for Miller and,

1081
00:50:36,585 --> 00:50:38,005
and folks can come on up

1082
00:50:38,005 --> 00:50:39,285
and we'll get going as soon

1083
00:50:39,285 --> 00:50:41,525
as, as soon as everybody's ready. You

1084
00:50:41,525 --> 00:50:42,525
Don't need them.

1085
00:50:42,555 --> 00:50:44,045
Yeah. What you bring over.

1086
00:51:11,595 --> 00:51:14,405
Just lemme know when you're ready. I'm ready. Alright.

1087
00:51:15,985 --> 00:51:17,485
And now declare this hearing to be in session.

1088
00:51:17,505 --> 00:51:21,965
We are here to hear case number BO A 2 6 0 7 0 2 4 5.

1089
00:51:22,825 --> 00:51:24,725
Let the record show that the applicants have agreed

1090
00:51:24,725 --> 00:51:26,645
to have this hearing heard by only two board members.

1091
00:51:28,075 --> 00:51:29,845
Will all who wish to testify please rise

1092
00:51:29,845 --> 00:51:30,885
and take the following oath.

1093
00:51:34,385 --> 00:51:36,445
Do you solemnly swear or affirm under the penalties

1094
00:51:36,445 --> 00:51:37,845
of perjury that the testimony you're about

1095
00:51:37,845 --> 00:51:39,045
to give will be the whole truth and

1096
00:51:39,045 --> 00:51:40,205
nothing but the truth? Yes.

1097
00:51:40,745 --> 00:51:43,205
Yes. Ms. Maxwell of all postings

1098
00:51:43,205 --> 00:51:44,405
and notification requirements have

1099
00:51:44,405 --> 00:51:45,605
been satisfied for this hearing.

1100
00:51:46,905 --> 00:51:48,725
Any matters relating to the jurisdiction

1101
00:51:48,725 --> 00:51:50,005
of this board will now be heard.

1102
00:51:50,205 --> 00:51:52,045
I say, oh, I'm sorry. Yeah, you can. It's okay.

1103
00:51:52,585 --> 00:51:54,045
Let the record show there were none.

1104
00:51:55,545 --> 00:51:57,805
Anyone who wishes to testify in this matter must provide

1105
00:51:57,805 --> 00:52:00,365
their name and contact information with the board's clerk.

1106
00:52:00,975 --> 00:52:03,605
We'll now start with the Department of Planning and Zoning.

1107
00:52:04,225 --> 00:52:07,165
Yep. So the application before you is for Dudley folks

1108
00:52:07,185 --> 00:52:10,365
and Jamie Miller located at 1 33 Island Creek Road,

1109
00:52:10,365 --> 00:52:13,445
Centerville, Maryland Map 21, parcel 22.

1110
00:52:13,705 --> 00:52:16,205
The existing parcel is 5.17 acres.

1111
00:52:16,705 --> 00:52:18,405
The property is zoned countryside

1112
00:52:18,505 --> 00:52:20,645
and the applicant is proposing proposing

1113
00:52:20,645 --> 00:52:23,525
to construct a 420 square foot covered deck

1114
00:52:23,525 --> 00:52:26,485
and stairs within the Wonder Foot Critical area buffer.

1115
00:52:27,225 --> 00:52:30,965
So they have requested variance from 14 one dash 51 a buffer

1116
00:52:31,245 --> 00:52:32,245
standards and requirements.

1117
00:52:34,835 --> 00:52:38,295
The property is located on east of Lanzen Road,

1118
00:52:40,185 --> 00:52:41,775
which is located here west

1119
00:52:41,835 --> 00:52:44,815
of two 13 in access via Island Creek Road.

1120
00:52:47,835 --> 00:52:49,215
So the site is currently approved

1121
00:52:49,215 --> 00:52:50,495
with a single family dwelling

1122
00:52:50,495 --> 00:52:52,295
and associated accessory structures,

1123
00:52:52,405 --> 00:52:53,895
pier pool, outbuildings.

1124
00:52:54,255 --> 00:52:57,175
The buffer is located here along the pink line.

1125
00:52:58,195 --> 00:53:01,135
And the single family dwelling was constructed in the 1960s.

1126
00:53:03,245 --> 00:53:05,615
Like mentioned the property is zoned countryside

1127
00:53:05,615 --> 00:53:07,615
and single family dwellings are permitted use

1128
00:53:07,615 --> 00:53:08,815
in the countryside district.

1129
00:53:12,075 --> 00:53:16,695
The property has AE seven, I'm sorry, floodplain,

1130
00:53:16,875 --> 00:53:18,015
AE elevation of seven.

1131
00:53:18,395 --> 00:53:21,095
And also on the right hand side you'll see the orange

1132
00:53:21,165 --> 00:53:22,935
that are title wetlands.

1133
00:53:23,445 --> 00:53:27,005
This image is just a general location of the title wetlands.

1134
00:53:27,005 --> 00:53:29,165
The title wetlands do not come up onto the,

1135
00:53:29,305 --> 00:53:30,525
the single family dwelling.

1136
00:53:32,675 --> 00:53:33,765
Also, there's no streams

1137
00:53:33,785 --> 00:53:35,925
and non-Title wetlands located on site.

1138
00:53:38,145 --> 00:53:39,605
So it's located ti

1139
00:53:40,125 --> 00:53:42,525
entirely within the resource conservation area.

1140
00:53:42,705 --> 00:53:43,965
And 27%

1141
00:53:43,965 --> 00:53:46,965
of the lot is located when in the a hundred foot critical

1142
00:53:46,965 --> 00:53:50,165
area buffer and 8% lot coverage is existing

1143
00:53:50,165 --> 00:53:51,565
and the limitation is 15.

1144
00:53:53,625 --> 00:53:56,565
So a little history about this site,

1145
00:53:56,565 --> 00:53:57,805
the single family dwelling there,

1146
00:53:58,925 --> 00:54:03,365
building permit 26 0 3 0 2 3 1 was to permit

1147
00:54:03,925 --> 00:54:05,805
a renovation of the dwelling itself.

1148
00:54:06,745 --> 00:54:09,685
During that demolition, the chimney here

1149
00:54:10,025 --> 00:54:11,845
and a point

1150
00:54:11,845 --> 00:54:16,045
of access in ingress was demolished in order to construct

1151
00:54:16,065 --> 00:54:18,885
to put in the two remaining two doors

1152
00:54:19,425 --> 00:54:21,765
and then two points of ingress and egress.

1153
00:54:22,125 --> 00:54:25,045
At this point in time, they have not been constructed.

1154
00:54:26,065 --> 00:54:27,765
As a result, the applicant is asking

1155
00:54:27,825 --> 00:54:29,805
for a variance which will take place.

1156
00:54:29,945 --> 00:54:31,805
The proposal is to be in the same location.

1157
00:54:36,505 --> 00:54:39,725
So the proposal is a 420 square foot covered deck

1158
00:54:39,785 --> 00:54:42,565
and stairs, and that's located here in the blue

1159
00:54:44,965 --> 00:54:47,005
and is also located entirely within

1160
00:54:47,025 --> 00:54:48,165
the critical area buffer.

1161
00:54:48,585 --> 00:54:52,805
The applicant has proposed a 1,344 square feet of mitigation

1162
00:54:53,485 --> 00:54:55,645
required at the three to one ratio for the granting

1163
00:54:55,645 --> 00:54:58,805
of a variance and no existing vegetation will be removed.

1164
00:54:59,305 --> 00:55:02,045
So this deck is basically occupying the same areas

1165
00:55:02,065 --> 00:55:03,685
as those two sets of stairs you showed

1166
00:55:03,705 --> 00:55:04,805
and the gap between them.

1167
00:55:05,105 --> 00:55:09,565
Yep. So with the renovation permit, the 26 0 3 0 2 3 1,

1168
00:55:10,245 --> 00:55:11,925
they propose those these two doors.

1169
00:55:12,095 --> 00:55:16,765
Right. And essentially during, in relation

1170
00:55:16,765 --> 00:55:20,405
to building code, you can't have a door without some point

1171
00:55:20,405 --> 00:55:21,725
of ingress or egress.

1172
00:55:22,005 --> 00:55:24,805
Essentially it gives a standard size landing and steps.

1173
00:55:25,385 --> 00:55:28,125
So with the approval of that building permit, this is

1174
00:55:28,125 --> 00:55:29,925
what they had to, to put in, in order

1175
00:55:29,945 --> 00:55:31,325
for the building permit to be approved.

1176
00:55:31,785 --> 00:55:34,405
But instead they, the preference is

1177
00:55:34,405 --> 00:55:36,085
to have a deck there in steps.

1178
00:55:36,185 --> 00:55:38,605
So it would be in the same location. Okay. As that.

1179
00:55:39,025 --> 00:55:40,325
And if I've misspoke, please,

1180
00:55:40,425 --> 00:55:42,245
please speak up when, when we get there,

1181
00:55:42,445 --> 00:55:44,285
Great job of tying the permits together.

1182
00:55:45,465 --> 00:55:47,925
All right. So in, in relation

1183
00:55:47,925 --> 00:55:49,165
to the critical area standards

1184
00:55:49,165 --> 00:55:52,805
and comar standards for a a critical area variance,

1185
00:55:52,805 --> 00:55:56,605
there must be an unwarranted hardship or unnec unwarranted

1186
00:55:56,605 --> 00:55:59,805
or unnecessary hardship that has been addressed according

1187
00:55:59,805 --> 00:56:01,605
to the renderings, an existing entrance

1188
00:56:01,625 --> 00:56:03,805
or exit on the, there is one existing

1189
00:56:03,825 --> 00:56:05,045
on this portion of the house.

1190
00:56:05,865 --> 00:56:08,085
And then there's two points of ingress

1191
00:56:08,085 --> 00:56:09,885
and egress here as well.

1192
00:56:10,425 --> 00:56:12,005
And then there's also ingress

1193
00:56:12,165 --> 00:56:14,605
and egress, I believe on this side of the dwelling

1194
00:56:14,605 --> 00:56:16,085
where there's a, a sunroom.

1195
00:56:16,545 --> 00:56:18,885
So the entirety of the parcel is to be analyzed.

1196
00:56:18,945 --> 00:56:21,125
The entirety of the dwelling is located in the buffer,

1197
00:56:21,125 --> 00:56:22,325
therefore a covered deck

1198
00:56:22,325 --> 00:56:25,005
and steps to be constructed, it would require

1199
00:56:25,005 --> 00:56:28,445
that the house be located entirely outside of the buffer

1200
00:56:28,545 --> 00:56:30,405
for it to be constructed without a variance.

1201
00:56:32,685 --> 00:56:35,325
Those conditions are peculiar to the property involved.

1202
00:56:35,425 --> 00:56:38,165
The existing single family dwelling was built in the 1960s.

1203
00:56:38,195 --> 00:56:40,525
Obviously prior to critical area regulations.

1204
00:56:41,465 --> 00:56:42,685
The proposed covered deck

1205
00:56:42,685 --> 00:56:44,325
and cascading steps will be attached

1206
00:56:44,325 --> 00:56:45,645
to the single family dwelling.

1207
00:56:45,665 --> 00:56:48,325
And the property is somewhat, you'll see the shape of it,

1208
00:56:49,155 --> 00:56:52,005
very kind of, it's all belong in general in nature,

1209
00:56:52,005 --> 00:56:53,365
but then it has this point here.

1210
00:56:54,345 --> 00:56:56,285
So therefore they have to take a hundred foot buffer off

1211
00:56:56,285 --> 00:56:58,525
this side and a hundred foot buffer off this side.

1212
00:56:58,585 --> 00:57:00,845
So it totally engulfs the entirety

1213
00:57:00,905 --> 00:57:02,565
of the single family dwelling itself.

1214
00:57:05,845 --> 00:57:08,285
And those results, those conditions are not the

1215
00:57:08,285 --> 00:57:09,325
result of the applicant.

1216
00:57:09,725 --> 00:57:10,885
Although there has been multiple,

1217
00:57:11,285 --> 00:57:14,005
multiple building renovation permits, like I mentioned,

1218
00:57:14,005 --> 00:57:16,165
the dwelling was constructed in the 1960s.

1219
00:57:18,645 --> 00:57:21,165
The variance will not confer upon an applicant any special

1220
00:57:21,165 --> 00:57:22,805
privilege denied to other owners.

1221
00:57:23,245 --> 00:57:25,565
The 420 square foot proposed covered deck

1222
00:57:25,625 --> 00:57:28,205
and steps is a modest increase in lot coverage

1223
00:57:28,845 --> 00:57:30,805
and the dwelling is permitted use in the

1224
00:57:30,805 --> 00:57:32,765
countryside zoning district.

1225
00:57:34,925 --> 00:57:36,105
Little interpretation

1226
00:57:36,105 --> 00:57:38,225
of the critical area program would deprive the

1227
00:57:38,225 --> 00:57:39,265
applicant of the use.

1228
00:57:39,695 --> 00:57:42,305
Like I mentioned, it is a permitted use in the single family

1229
00:57:42,305 --> 00:57:45,425
dwelling, but also the Board

1230
00:57:45,425 --> 00:57:47,905
of appeal should determine whether this is a reasonable use

1231
00:57:47,905 --> 00:57:49,905
of property within the critical area buffer.

1232
00:57:49,905 --> 00:57:52,425
Keeping in mind all the other points of ingress

1233
00:57:52,425 --> 00:57:56,545
and egress within the structure itself, The granting

1234
00:57:56,545 --> 00:57:58,985
of the variance would not adversely affect water quality.

1235
00:58:00,105 --> 00:58:02,545
The area of the proposed deck is, is no closer

1236
00:58:03,805 --> 00:58:06,385
to the mean high water line in the existing dwelling.

1237
00:58:07,495 --> 00:58:08,945
Also, there's a buffer management plan

1238
00:58:08,945 --> 00:58:12,865
that has been proposed that is

1239
00:58:12,865 --> 00:58:14,785
that the minimum deviation necessary.

1240
00:58:15,485 --> 00:58:18,065
The deck essentially is a normal improvement

1241
00:58:18,065 --> 00:58:19,105
on a residential lot.

1242
00:58:19,405 --> 00:58:21,185
The existing dwelling does not,

1243
00:58:21,375 --> 00:58:24,105
does currently have multiple points of ingress and egress.

1244
00:58:25,005 --> 00:58:27,705
The 420 square foot proposed covered porch and

1245
00:58:27,765 --> 00:58:28,825
and steps is modest.

1246
00:58:28,965 --> 00:58:30,665
And the board should consider, like I mentioned,

1247
00:58:30,665 --> 00:58:33,465
the multiple points, multiple points of ingress and egress.

1248
00:58:35,125 --> 00:58:38,545
The re basically our response from the critical area when we

1249
00:58:38,545 --> 00:58:41,265
sent this application was for this variance to be granted,

1250
00:58:41,365 --> 00:58:43,145
the board of appeals must find that each

1251
00:58:43,145 --> 00:58:45,585
and every one of the variance standards have been met,

1252
00:58:45,585 --> 00:58:46,905
including unwarranted hardship.

1253
00:58:47,005 --> 00:58:49,305
Should the board find that the applicant has been met,

1254
00:58:49,395 --> 00:58:51,145
these has met these standards,

1255
00:58:51,385 --> 00:58:53,105
appropriate mitigation is required.

1256
00:58:54,165 --> 00:58:56,065
And then in reference to staff,

1257
00:58:56,065 --> 00:58:57,825
staff generally finds consistency

1258
00:58:57,895 --> 00:58:59,425
with applicable laws in this case

1259
00:58:59,485 --> 00:59:00,905
and does not object to the Board

1260
00:59:00,905 --> 00:59:02,265
of Appeals granting the variance.

1261
00:59:03,245 --> 00:59:04,665
But then if you look at Comar

1262
00:59:04,665 --> 00:59:08,505
and also 14 1 66 based on the Board of Appeals, determining

1263
00:59:09,095 --> 00:59:10,505
that an unwarranted hardship

1264
00:59:10,565 --> 00:59:13,705
and discussing the reasonable use, if the board is inclined

1265
00:59:13,725 --> 00:59:17,265
to grant it, there should be a condition placed on it.

1266
00:59:17,265 --> 00:59:19,185
The applicant cannot receive a building permit

1267
00:59:19,285 --> 00:59:20,985
for the proposed improvements until the,

1268
00:59:21,070 --> 00:59:23,845
the buffer management plan has been approved.

1269
00:59:24,785 --> 00:59:29,085
Got it. We're gonna enter planning

1270
00:59:29,085 --> 00:59:31,125
and zoning staff report, P and Z number one.

1271
00:59:31,305 --> 00:59:32,645
And we're gonna enter the packet

1272
00:59:32,645 --> 00:59:35,245
of pre-marked applicant exhibits number one through 10.

1273
00:59:37,335 --> 00:59:38,645
Those in favor of granting this

1274
00:59:38,645 --> 00:59:39,965
application will now be heard.

1275
00:59:40,325 --> 00:59:43,165
Please give your name and address before you start speaking.

1276
00:59:44,625 --> 00:59:46,325
I'm Grant Sally with four Brothers Design

1277
00:59:46,325 --> 00:59:47,805
build, architect of record.

1278
00:59:48,245 --> 00:59:52,645
So we're at 4 0 0 9 Georgia Avenue, Northwest Washington, DC

1279
00:59:53,705 --> 00:59:54,965
2 0 0 1 1.

1280
00:59:56,075 --> 00:59:58,055
And I'm Dudley folks along with my wife.

1281
00:59:58,315 --> 01:00:01,575
I'm the homeowner of the property at 1 33 Island Creek Road,

1282
01:00:01,575 --> 01:00:02,575
Centerville.

1283
01:00:03,805 --> 01:00:04,805
Cool. Thank you.

1284
01:00:07,435 --> 01:00:11,175
So just to give a little more color to this

1285
01:00:12,965 --> 01:00:16,015
project, the, the roof, the covered portion

1286
01:00:16,015 --> 01:00:17,775
of the deck is only about half.

1287
01:00:19,035 --> 01:00:20,695
So it's just more like an awning.

1288
01:00:22,915 --> 01:00:24,335
And so the deck is, the,

1289
01:00:24,355 --> 01:00:26,095
the whole deck including the stairs is about

1290
01:00:26,095 --> 01:00:27,415
420 square feet.

1291
01:00:28,035 --> 01:00:30,535
So a lot of occupancy goes from 8.1 to 8.2.

1292
01:00:31,285 --> 01:00:33,855
It's all natural wood gap to drain.

1293
01:00:35,115 --> 01:00:37,815
And the, the awning portion is, is logically

1294
01:00:37,835 --> 01:00:39,535
to just provide some shelter at the windows

1295
01:00:39,595 --> 01:00:41,495
and doors from rain

1296
01:00:41,515 --> 01:00:45,055
and then also the summer sun as it faces southwest for

1297
01:00:45,655 --> 01:00:48,535
a little bit of protection from the sun, from the interior.

1298
01:00:49,035 --> 01:00:50,295
So the, just a little bit

1299
01:00:50,295 --> 01:00:51,895
of a background on the renovation project

1300
01:00:51,965 --> 01:00:53,415
that precedes this application.

1301
01:00:54,635 --> 01:00:56,615
The, the roof was low and it was a dark space.

1302
01:00:56,615 --> 01:00:58,935
There was a redundant, redundant spaces within the house.

1303
01:00:59,035 --> 01:01:02,295
So we did our part to, to make it brighter and lighter.

1304
01:01:02,355 --> 01:01:06,295
We raised the roof. Currently the, there is no roof on,

1305
01:01:06,575 --> 01:01:09,695
I should say, there's no finished roof on the, on the house

1306
01:01:09,695 --> 01:01:12,335
because we're waiting for this hopeful approval

1307
01:01:13,255 --> 01:01:15,975
because it's, it's proposed to be standing sea metal, so we,

1308
01:01:16,835 --> 01:01:18,695
one can't go in sequence without the other.

1309
01:01:19,035 --> 01:01:20,255
It has to be done all at once.

1310
01:01:20,255 --> 01:01:22,455
So it's currently covered in ice and water shield.

1311
01:01:23,795 --> 01:01:27,535
The, as as staff reported, the entire house is within the,

1312
01:01:27,535 --> 01:01:28,535
the buffer zone and,

1313
01:01:28,535 --> 01:01:31,575
and predates all the projects, predate the owner.

1314
01:01:32,555 --> 01:01:35,575
So in that rendering that you guys saw

1315
01:01:35,575 --> 01:01:37,775
with the highlighted stairs, actually one

1316
01:01:37,775 --> 01:01:38,935
of those doors is existing

1317
01:01:39,115 --> 01:01:41,895
and so we just, we added four more windows in and a door,

1318
01:01:42,795 --> 01:01:44,615
and then the awning will come out

1319
01:01:44,895 --> 01:01:46,495
and just nest within that C shape.

1320
01:01:47,175 --> 01:01:49,095
I'm not sure if you have any renderings of the proposed,

1321
01:01:50,515 --> 01:01:51,655
I'm not sure if it matters,

1322
01:01:51,755 --> 01:01:54,175
but it's, it's, it's a nice little project and, and,

1323
01:01:54,175 --> 01:01:56,015
and logically fills in that gap there.

1324
01:01:56,555 --> 01:01:58,295
So we're connecting the landings

1325
01:01:58,295 --> 01:02:03,175
and providing a little bit of ability for the,

1326
01:02:03,195 --> 01:02:06,175
for the homeowner to enjoy their quote unquote front yard

1327
01:02:08,925 --> 01:02:10,215
with this, with this deck.

1328
01:02:10,235 --> 01:02:12,815
So it's, we're just bringing a little bit of beauty

1329
01:02:12,915 --> 01:02:15,615
to the functional aspects of these stairs and landings.

1330
01:02:16,775 --> 01:02:20,885
I think I've covered most of, of

1331
01:02:22,545 --> 01:02:24,685
any additional information that the narratives don't say,

1332
01:02:24,685 --> 01:02:26,845
but I'm happy to go into any more detail you need.

1333
01:02:27,725 --> 01:02:29,645
I think the challenge that, that we need to work

1334
01:02:29,645 --> 01:02:32,885
through here is, is showing the, the need

1335
01:02:33,265 --> 01:02:35,205
and the hardship Sure.

1336
01:02:35,205 --> 01:02:39,285
As opposed to the appearance benefits

1337
01:02:40,465 --> 01:02:42,125
and you know that it needs to be,

1338
01:02:43,625 --> 01:02:45,605
the hardship can't be something that you've created,

1339
01:02:45,865 --> 01:02:48,485
so it can't be shading windows that weren't there

1340
01:02:48,485 --> 01:02:49,485
before you bought the house.

1341
01:02:49,715 --> 01:02:50,925
Sure. So,

1342
01:02:53,275 --> 01:02:55,365
Well, I would say that the, the hardship is that the,

1343
01:02:55,465 --> 01:02:57,125
the owner can make no improvements

1344
01:02:57,125 --> 01:02:59,605
to their house whatsoever, as everything is,

1345
01:02:59,665 --> 01:03:01,725
is in the, the buffer zone.

1346
01:03:02,985 --> 01:03:04,605
We, I have an existing picture

1347
01:03:04,605 --> 01:03:05,845
of the house if you'd like to see it.

1348
01:03:05,845 --> 01:03:06,965
So there is this landing there

1349
01:03:06,965 --> 01:03:09,765
and it just creates, you know, there, there, there's no way

1350
01:03:09,765 --> 01:03:11,045
for them to be used

1351
01:03:11,045 --> 01:03:14,485
or enjoy that part of the house and, and yard.

1352
01:03:14,885 --> 01:03:17,445
It's just kind of collecting weeds and everything.

1353
01:03:17,505 --> 01:03:20,805
So we're improving, it's a wooded lot,

1354
01:03:20,815 --> 01:03:24,725
we're improving the entire area with,

1355
01:03:24,725 --> 01:03:27,005
with those additional plantings along the driveway.

1356
01:03:27,725 --> 01:03:30,365
There's really no disruption to,

1357
01:03:30,505 --> 01:03:33,965
to the environment here in this, there's very,

1358
01:03:34,035 --> 01:03:35,285
very few foundations

1359
01:03:35,865 --> 01:03:38,005
and again, I, I think the hardship is just

1360
01:03:38,645 --> 01:03:41,965
having an awkward circulation to, and,

1361
01:03:41,985 --> 01:03:46,645
and from this south side of the house in terms

1362
01:03:46,645 --> 01:03:49,885
of moving things in and out on such a small landing.

1363
01:03:50,365 --> 01:03:53,445
Now we have two of them approved by the county,

1364
01:03:53,465 --> 01:03:57,205
and we'd like to consolidate that again for a more practical

1365
01:03:58,545 --> 01:04:00,645
use and presentation of the house.

1366
01:04:10,655 --> 01:04:11,655
Do you have any other

1367
01:04:14,965 --> 01:04:18,395
Maybe that We did build the pool

1368
01:04:18,735 --> 01:04:20,715
and outside the buffer zone,

1369
01:04:21,215 --> 01:04:24,715
but it is creates a place

1370
01:04:24,715 --> 01:04:28,115
where you can see the pool much better

1371
01:04:28,615 --> 01:04:32,875
and it would be a hardship, I guess, to

1372
01:04:34,495 --> 01:04:36,075
not be able to see the pool very well

1373
01:04:39,085 --> 01:04:40,335
from safety point of view.

1374
01:04:40,595 --> 01:04:42,335
And how long ago did you put the pool in?

1375
01:04:43,715 --> 01:04:45,775
Oh man, I think it was like five years ago. Okay.

1376
01:04:49,155 --> 01:04:51,415
And so until you started this project, you couldn't,

1377
01:04:51,475 --> 01:04:54,415
you couldn't reasonably see the pool from the house?

1378
01:04:55,995 --> 01:04:57,535
Not very well. I mean, this will,

1379
01:04:57,765 --> 01:05:00,815
this would give us a much better view of it, a much better

1380
01:05:02,695 --> 01:05:05,535
a, a place to be where you can watch kids in the pool.

1381
01:05:06,545 --> 01:05:08,775
Since you mentioned our introduction of windows,

1382
01:05:08,915 --> 01:05:09,935
can I show you the original?

1383
01:05:10,765 --> 01:05:12,775
Yeah, but anything you give us, we have

1384
01:05:12,775 --> 01:05:14,535
to keep as an exhibit.

1385
01:05:14,915 --> 01:05:19,725
That's fine. Yeah. So there was a very large masonry,

1386
01:05:19,725 --> 01:05:22,765
chimney, unsafe to use and,

1387
01:05:22,865 --> 01:05:25,165
and very limited windows in that space.

1388
01:05:25,165 --> 01:05:26,645
And that's the existing sliding door.

1389
01:05:27,105 --> 01:05:28,565
So we're going to, we're gonna mark this

1390
01:05:28,585 --> 01:05:30,045
as applicant's exhibit 11.

1391
01:05:30,065 --> 01:05:30,485
11.

1392
01:05:37,955 --> 01:05:42,605
Yeah. I, I don't question the improvement in terms

1393
01:05:42,605 --> 01:05:44,485
of the how, the, how this will look.

1394
01:05:44,575 --> 01:05:48,205
We're, we're just trying to suss out a little bit of, of

1395
01:05:48,345 --> 01:05:49,645
how this would be a, a need

1396
01:05:49,645 --> 01:05:50,645
and a hardship in order

1397
01:05:50,645 --> 01:05:52,565
to meet the criteria we have to rule on.

1398
01:05:52,665 --> 01:05:53,665
So

1399
01:05:55,175 --> 01:05:57,725
Again, the, the points of entry, the main point

1400
01:05:57,725 --> 01:05:59,925
of entry mentioned where there's

1401
01:05:59,925 --> 01:06:01,125
that little, little bump out.

1402
01:06:01,785 --> 01:06:03,085
It is, is very small.

1403
01:06:03,305 --> 01:06:04,845
It, it enters directly into the kitchen

1404
01:06:05,545 --> 01:06:09,845
and so all of the other living spaces are, are hard

1405
01:06:09,845 --> 01:06:12,205
to access through that one point of entry.

1406
01:06:12,365 --> 01:06:15,925
So this is not only providing the, the life safety aspects

1407
01:06:16,505 --> 01:06:17,925
to the, to the doors that are there,

1408
01:06:17,945 --> 01:06:22,405
but also genuinely Im improves the coming and going and,

1409
01:06:22,425 --> 01:06:26,085
and I foresee this being a, a primary entrance as opposed to

1410
01:06:26,955 --> 01:06:28,045
that, that little

1411
01:06:28,045 --> 01:06:29,045
Porch.

1412
01:06:29,045 --> 01:06:30,165
That was gonna be my my my next question.

1413
01:06:30,165 --> 01:06:33,125
This is going to be the new primary entry into

1414
01:06:36,845 --> 01:06:37,845
I see it.

1415
01:06:38,205 --> 01:06:40,525
I saw, yeah, I think it,

1416
01:06:40,605 --> 01:06:42,005
I think it'll look great. I'm just trying to,

1417
01:06:42,765 --> 01:06:45,485
I think you done, I think we're good. Okay. The

1418
01:06:45,485 --> 01:06:46,485
Safety aspect helped.

1419
01:06:46,675 --> 01:06:46,965
Okay.

1420
01:06:49,955 --> 01:06:51,845
Okay, good.

1421
01:06:54,455 --> 01:06:55,965
Those persons opposing the granting

1422
01:06:55,965 --> 01:06:57,805
of this application may now testify.

1423
01:06:59,885 --> 01:07:03,885
Apparently there's no one, we do not need

1424
01:07:03,885 --> 01:07:05,165
to go into executive session.

1425
01:07:05,505 --> 01:07:06,505
No.

1426
01:07:07,635 --> 01:07:11,365
Okay. So I guess we can listen to the criteria

1427
01:07:11,425 --> 01:07:14,365
and elaborate as we go, as we did before. Sounds good.

1428
01:07:14,945 --> 01:07:18,645
All right. So under 14 1 6, 6, gosh, 6, 6, 6.

1429
01:07:18,705 --> 01:07:20,125
You have to find that a lit literal

1430
01:07:20,345 --> 01:07:21,845
and every single time, by the way,

1431
01:07:21,965 --> 01:07:23,005
I followed the word literal.

1432
01:07:23,685 --> 01:07:26,405
A literal enforcement of this chapter 14 one would result in

1433
01:07:26,485 --> 01:07:29,045
unnecessary hardship as the result of specified conditions,

1434
01:07:29,215 --> 01:07:30,805
which hardship is not shared by owners

1435
01:07:30,805 --> 01:07:32,645
of other property in the same development area.

1436
01:07:34,225 --> 01:07:35,225
Yes. Yes.

1437
01:07:38,225 --> 01:07:40,965
And I think the testimony was part of

1438
01:07:40,965 --> 01:07:43,285
that reasoning being the entirety of the buffer, correct?

1439
01:07:43,875 --> 01:07:45,805
Yeah, absolutely. The fact that the entire,

1440
01:07:45,915 --> 01:07:48,285
that the entire residence was within the buffer

1441
01:07:49,385 --> 01:07:52,165
and that this is, you know, they're adding this new entryway

1442
01:07:52,185 --> 01:07:53,365
for, for safety reasons

1443
01:07:53,465 --> 01:07:55,325
and this would also be a necessary

1444
01:07:58,855 --> 01:08:00,525
point to, to view their property

1445
01:08:00,825 --> 01:08:05,165
and the pool for, for Ober observing people

1446
01:08:05,165 --> 01:08:06,325
that are on their property and using

1447
01:08:06,325 --> 01:08:07,525
the pool for safety reasons.

1448
01:08:07,725 --> 01:08:09,725
I think there's a number of rea number of

1449
01:08:11,115 --> 01:08:14,685
factors on the record in that document why this is,

1450
01:08:14,995 --> 01:08:16,325
this entryway was approved

1451
01:08:16,325 --> 01:08:18,485
and why this makes the entryway safer

1452
01:08:18,545 --> 01:08:19,765
and more usable. Location.

1453
01:08:20,305 --> 01:08:23,805
The conditions are PE peculiar to the property involved.

1454
01:08:24,225 --> 01:08:26,885
Yes, yes. The conditions are not the result

1455
01:08:26,885 --> 01:08:29,445
of any take action taken by the applicant. Yes.

1456
01:08:29,545 --> 01:08:31,605
Yes. Variance will not be contrary

1457
01:08:31,605 --> 01:08:33,085
to the public interest of the policy equals

1458
01:08:33,085 --> 01:08:34,965
and objectives of the Chapter 14 one

1459
01:08:34,965 --> 01:08:36,245
and the county critical area program.

1460
01:08:37,385 --> 01:08:40,805
Yes. And that's as testified to by

1461
01:08:43,055 --> 01:08:44,765
staff and by the applicants.

1462
01:08:45,265 --> 01:08:47,405
The variance will not confer upon an applicant any special

1463
01:08:47,405 --> 01:08:49,325
privilege denied to other owners of lake property

1464
01:08:49,325 --> 01:08:50,525
or structures within the critical area.

1465
01:08:50,985 --> 01:08:53,285
Yes, yes. There was no testimony otherwise.

1466
01:08:54,065 --> 01:08:55,925
The variance will not adversely affect water quality

1467
01:08:55,985 --> 01:08:57,525
or adversely impact fish, wildlife,

1468
01:08:57,525 --> 01:08:59,205
or plant habitats within the critical area.

1469
01:09:00,165 --> 01:09:01,805
Yes. That was testified to by staff

1470
01:09:02,205 --> 01:09:04,765
Variance is the mini minimum deviation for the provisions

1471
01:09:04,765 --> 01:09:06,685
of this chapter 41 that will make possible the reasonable

1472
01:09:06,685 --> 01:09:07,805
use of lander structures.

1473
01:09:08,945 --> 01:09:11,925
Yes. Yeah. It's a very modest effort to make

1474
01:09:11,925 --> 01:09:13,245
that new entryway useful.

1475
01:09:13,805 --> 01:09:15,125
Granting the variance will be in harmony

1476
01:09:15,155 --> 01:09:17,605
with the general purposes and intent of chapter 14 one

1477
01:09:17,605 --> 01:09:19,165
and the Queen Annes County critical area program.

1478
01:09:19,505 --> 01:09:21,885
And the variance shall not result in a use not permitted in

1479
01:09:21,885 --> 01:09:22,885
the applicable development area

1480
01:09:23,105 --> 01:09:25,645
or an increase in the applicable density limitations?

1481
01:09:25,865 --> 01:09:27,485
Yes. Yes. Okay.

1482
01:09:27,505 --> 01:09:29,885
In addition to that, the comar standards, again,

1483
01:09:29,885 --> 01:09:31,885
they're a little repetitive, but we have to go through them

1484
01:09:35,505 --> 01:09:37,565
due to special feature to the site or special conditions

1485
01:09:37,565 --> 01:09:38,165
or circumstances

1486
01:09:38,165 --> 01:09:39,685
peculiar to the applicant flander structure.

1487
01:09:39,885 --> 01:09:41,965
A literal enforcement of the local critical area program

1488
01:09:42,215 --> 01:09:44,845
would result in unwanted hard hardship to the applicant.

1489
01:09:45,065 --> 01:09:47,645
Yes. Yes. For the same reasons we've already addressed.

1490
01:09:47,645 --> 01:09:50,325
With this house being entirely within the critical area, it

1491
01:09:51,005 --> 01:09:52,605
severely handicaps their ability to

1492
01:09:54,245 --> 01:09:55,365
construct this new entryway.

1493
01:09:55,925 --> 01:09:57,765
A literal interpretation of the local critical area

1494
01:09:57,765 --> 01:09:59,805
program would deprive the applicant of the use of land

1495
01:09:59,825 --> 01:10:01,805
or structure permitted to others in accordance

1496
01:10:01,805 --> 01:10:03,325
with the provisions of the local critical area

1497
01:10:03,325 --> 01:10:04,445
program. Yes.

1498
01:10:04,585 --> 01:10:06,525
Yes. Grants, the granting

1499
01:10:06,525 --> 01:10:08,605
of the variance would not confer upon the applicant any

1500
01:10:08,605 --> 01:10:10,085
special privilege that would be denied

1501
01:10:10,085 --> 01:10:12,045
by the local critical area program to other lands

1502
01:10:12,045 --> 01:10:14,005
or structures in accordance with the provisions

1503
01:10:14,005 --> 01:10:15,725
of the local critical area program. Yes.

1504
01:10:15,825 --> 01:10:18,325
Yes. Variances request is not based upon conditions

1505
01:10:18,325 --> 01:10:19,725
or circumstances that are a result

1506
01:10:19,745 --> 01:10:21,245
of actions by the applicant. Yes.

1507
01:10:21,345 --> 01:10:24,325
Yes. The variance request is not arise from any

1508
01:10:24,325 --> 01:10:26,245
conforming or non-conforming condition on

1509
01:10:26,245 --> 01:10:27,405
any neighboring property.

1510
01:10:28,185 --> 01:10:30,605
Yes. Graining, the variance would not adversely affect,

1511
01:10:30,605 --> 01:10:32,325
and again, I know it's repetitive water quality

1512
01:10:32,345 --> 01:10:34,005
or adversely impact fish, wildlife,

1513
01:10:34,005 --> 01:10:36,205
or plant habitat within the local critical area.

1514
01:10:36,985 --> 01:10:39,325
Yes. Yes. Graining, the variance would be in harmony

1515
01:10:39,325 --> 01:10:40,405
with the general spirit and intent

1516
01:10:40,405 --> 01:10:42,525
of the critical area law regulations in the subtitle

1517
01:10:42,525 --> 01:10:45,205
and local CRI critical area program.

1518
01:10:45,665 --> 01:10:50,525
Yes. Yes. That's it.

1519
01:10:50,835 --> 01:10:52,445
Good. I think we're good. Ready for a motion?

1520
01:10:52,575 --> 01:10:54,725
Ready For a motion? I'd like to make a motion

1521
01:10:54,825 --> 01:10:56,485
for case number BO A

1522
01:10:56,665 --> 01:11:00,045
2 6 0 7 0 2 4 5

1523
01:11:01,765 --> 01:11:04,445
A variance you construct a 420

1524
01:11:06,675 --> 01:11:09,005
foot square foot covered deck

1525
01:11:09,065 --> 01:11:11,845
and stairs within the a hundred foot critical area buffer

1526
01:11:12,655 --> 01:11:16,085
conditions the applicant cannot receive building permit

1527
01:11:16,305 --> 01:11:17,725
for the proposed improvements

1528
01:11:17,775 --> 01:11:21,325
until the buffer management plan in accordance with COMAR.

1529
01:11:22,385 --> 01:11:27,085
27 0 1 9 1 3 has been approved by Queen Anns County.

1530
01:11:28,465 --> 01:11:32,725
Second that all in favor? Aye. Aye. Thank you.

1531
01:11:32,985 --> 01:11:35,085
And now declare this hearing to be adjourned.

1532
01:11:35,085 --> 01:11:37,245
You will receive a formal decision as soon as possible.

1533
01:11:37,245 --> 01:11:40,245
And note, as we said last hearing for chapter 14,

1534
01:11:40,565 --> 01:11:42,565
critical area Variances, your building permit must be held

1535
01:11:42,565 --> 01:11:44,485
30 days from the date of our formal decision.

1536
01:11:45,295 --> 01:11:47,045
Thank you. Thank you very much. Thank you.