[0:04] Michael Oh, sorry.

[0:05] Michael, is your is your cell phone turned off? Yes, I'm sorry.

[0:10] His phone went off one time and I.

[0:13] Lot of action.

[0:15] OK, I'm going to.

[0:17] Call this meeting of the Board of Zoning Appeals to order.

[0:20] I'm Bridget. Have the Freedom of Information Act requirements been met?

[0:24] Thank you.

[0:26] Do I hear a motion to approve the minutes from the September 10th meeting?

[0:31] I moved to.

[0:32] Prove the minutes.

[0:34] The September 10th meeting second.

[0:36] All in favor signify by saying aye.

[0:38] I like signimposed.

[0:40] Minutes are approved.

[0:42] We board approval of chair and vice chair. We do this annually.

[0:47] The current chair is myself. The current vice chair is Michael.

[0:52] Is there anyone else who would like to serve in these positions? Or is there a motion to?

[0:57] Reappoint.

[0:58] I will make a motion to reappoint the chair and vice chair.

[1:02] Is there?

[1:04] Michael, any opposition?

[1:06] No, I'm not gonna close that.

[1:08] Thanks.

[1:08] All in favor signify by saying aye.

[1:11] I like sign.

[1:12] Thank you.

[1:14] And we have.

[1:16] The approval of our calendar.

[1:19] For next year.

[1:21] If this has to be published.

[1:24] I'll make a motion to approve the calendar for next year.

[1:28] May I? May I jump in?

[1:30] Yes, you may. We already approved it, Charles.

[1:32] Before you vote.

[1:34] The calendar has one date on it that we need to discuss.

[1:38] The schedule would be for November 11th.

[1:42] That would be the second Thursday in November. Which is better. Instead, we will be closed.

[1:48] Staff is recommending that we move it to Tuesday, November 9th.

[1:55] Why not the next?

[1:57] Thursday or is there another standing meeting?

[2:01] Why not the 18th?

[2:04] It could be the 18th and then the submittals for December could be due the 19th.

[2:09] But it would just push us into a shorter.

[2:12] It might short month.

[2:14] For the December meeting.

[2:16] And there's a Thanksgiving holiday, Yeah, that's about the 18th. Might be a little close to the.

[2:20] Thanksgiving holiday.

[2:22] But it's.

[2:23] But it can be that.

[2:25] There's not a.

[2:26] Hard reason.

[2:30] The alternative would be doing it the first Tuesday instead of the second. I mean the first.

[2:34] Thursday instead of the second.

[2:35] Any opinion on that?

[2:37] So like 1/4?

[2:39] The 4th.

[2:40] The shortened Dr. or whatever.

[2:44] Yeah.

[2:45] Oh, I see what we're trying to do. Yeah, it would. It would just.

[2:49] Shorten the uh.

[2:50] Time for the October.

[2:51] Between the October submittals and the November meeting.

[2:54] And it won't run into any other town meetings on Tuesday, November 9th.

[2:59] No.

[3:00] There would not be an issue.

[3:04] As long as you give us a good lead time and remind us.

[3:06] I think.

[3:08] Which is the best you're recommending Tuesday the night?

[3:12] If it pleases the UH board.

[3:13] OK.

[3:16] Will the board accept that?

[3:17] Yeah, Tuesday, November 9th.

[3:18] OK. All right.

[3:21] So with the modification of changing November 11th, Tuesday, November 9th, I move that we approve.

[3:29] The amended.

[3:31] Calendar.

[3:33] Is there a second?

[3:36] All right, all in favor, signify by saying aye.

[3:39] I like sign opposed.

[3:41] Approved.

[3:42] All right, we have one item before us.

[3:45] A special exception.

[3:47] Request for a historic accessory dwelling unit 2250 Myrtle application.

[3:52] Approval. The special exception for the historic structure on the property to be used as an accessory dwelling unit in accordance

[3:57] with zoning Ordinance sections 2120 C.

[4:01] 2 and 21178.

[4:04] Charles, will you please present for the town?

[4:07] But all the other groups.

[4:09] No, that's.

[4:11] That's not how it goes.

[4:14] We're a little bit more official than that.

[4:18] Thank you, Madam Chair. Good afternoon, everyone.

[4:21] This is as was stated at Historic Adu Special Exception request for the property at 2250 Myrtle Ave.

[4:29] Located at the corner.

[4:31] Of station 22 1/2.

[4:33] And Myrtle Ave.

[4:35] Just as you come onto the island off the Causeway.

[4:38] Here are a couple of pictures of the property on the right hand side of the screen. This is.

[4:44] Facing from Myrtle and this is the view coming.

[4:47] Leaving the island from.

[4:49] Station 22 1/2.

[4:53] Here's an aerial just.

[4:55] With an arrow pointing to the property here on the map for some context.

[5:00] And then this is our historic resource map.

[5:02] You can see this property is highlighted in red.

[5:06] Indicating it's a traditional island resource.

[5:09] And this property is located within the Atlanticville Local and National Register historic Districts, which are.

[5:17] Highlighted in the light blue, in the blue, and then.

[5:22] Outlined in the purple.

[5:27] Here are postings on the property advertising this afternoon's meeting.

[5:31] And then?

[5:33] Here's a little bit of historic context for you.

[5:36] This is a 1917 map which shows uh.

[5:40] Small, rectangular.

[5:43] Building on the property at that time.

[5:46] And we can see that these are attempts to be accurate footprints by the shapes of some of the other properties.

[5:53] In the vicinity.

[5:56] This was a.

[5:57] Recognized in the 1987 Snyder Historic Survey and was also re surveyed in 2024 when New South came through the island to update

[6:02] the survey.

[6:08] Christina Butler has done a report on the historic progression of the cottage.

[6:13] From that.

[6:14] Small rectangular shape to the current form today.

[6:19] Here's some historic imagery of.

[6:22] The changes over time in this top left.

[6:24] Is the 1957 image.

[6:27] Which is the.

[6:29] Image that the applicant intends to restore the cottage to that form.

[6:35] Here's.

[6:37] Site plan of the existing conditions on the property and then.

[6:42] The proposed condition with.

[6:45] Cottage moved.

[6:46] Forward and towards station 22 1/2.

[6:49] To allow room for pool and a second home on the property.

[6:53] To the rear.

[6:59] This is a.

[7:00] From Christina Butler's report, this is.

[7:03] Showing the progression of the bays.

[7:06] On this house as it is, uh.

[7:08] Grown over time as.

[7:10] The family's needs have changed, so this is the original.

[7:14] Quadrant of the building this day one and this front porch was an open porch that's currently enclosed.

[7:21] Then they believed that this was the second piece that was put on in.

[7:25] Around 20s or 30s.

[7:27] And then the.

[7:29] Thark Bay and shortly thereafter the 4th.

[7:32] That's worth filled in between those, and that's the form that would be returned to.

[7:36] Slightly under 1200 square feet and then these.

[7:40] Additions from the 70s and 90s.

[7:43] Is 56 and seven would be removed from the cottage.

[7:48] And here's an illustration of that.

[7:56] The maximum allowed for Adu special exception is 1200 and this one I think clots in with this.

[8:03] Removal.

[8:04] Plan at 1193.

[8:11] Quick background on.

[8:13] August what?

[8:17] I'm sorry I got.

[8:18] A little bit of dyslexia.

[8:23] Well I have I have 1198 on here.

[8:28] All of these numbers are under 12 zero.

[8:31] We'll we'll verify that.

[8:33] August 19 TH the Design Review Board gave final approval to plans for removing the non historic addition work from this cottage.

[8:39] This approval was reached after four meetings with the board, including a site visit on the property July 7th.

[8:46] The approved plans will remove all the addition work that occurred post World War 2 and will maintain the additions to the

[8:49] original cottage that were conform.

[8:53] Confirmed to be present prior to 1957.

[8:56] And retain lumber that appears to predate the post World War 2 development boom.

[9:01] These efforts will not restore the cottage to its authentic representation of the original form.

[9:06] But we'll return the cottage to a historic form that.

[9:10] Was held during the period of significance for the Atlanticville Local and National Register Historic Districts, which is circa

[9:14] 1918801950.

[9:18] And to square footage of less than 1200.

[9:22] The applicant enlisted Christina Butler, the historic preservationist professor at American College of the Building Arts.

[9:28] Building pathologist and owner and lead consultant for Butler Preservation LLC to detail the property's history.

[9:34] And establish components of the cottage that date to the period of significance for the DRB.

[9:40] As previously talked about the historic resident.

[9:44] Restoration will remove several identified non historic additions recreating the front porch of the cottage.

[9:50] And the college will remain at the same finished floor elevation, but is proposed to a new.

[9:55] Move to a new location on the property.

[9:59] With the proposed non historic removals, the cottage will go from 2309 square feet to.

[10:06] We'll go with what's stated here, 1198.

[10:11] The new construction. There's a conceptual plan attached.

[10:15] It proposes a 3040 square foot, two-story elevated home to occupy the rear of the property with a pool.

[10:22] And a small space separating it from the historic cottage.

[10:27] And then?

[10:29] The cottage location, I think that.

[10:31] I'll need a little bit of background on this as well.

[10:34] When the Design Review Board granted final approval in August, they granted that approval contingent on the relocation of the

[10:38] cottage moving it.

[10:42] Into the side set back to expose the historic cistern on the property, but disallowing the cottage to be brought forward on the.

[10:49] To the front set back line.

[10:53] The applicant went back to the.

[10:54] Board in September to again request for the cottage.

[10:58] Location to be moved forward.

[11:00] Close to that front set, but.

[11:02] Slightly further from the front of the lot than it had been proposed in August.

[11:07] The board deferred action on this request to allow the applicant to return with plans showing the proposed new house and pool on

[11:11] the site plan.

[11:15] And elevations of the proposed new house so that the board would be able to make the decision about the cottage's location with

[11:19] the full picture in mind.

[11:23] The location proposed before you has not been approved.

[11:27] And simply reflects the applicant's desired location for the cottage. This location would place.

[11:32] 23 feet between the cottage and the new construction.

[11:36] The DRB approved location for the cottage would be about 19 feet further back on the property and would leave only two feet

[11:40] between the two buildings.

[11:45] So this.

[11:46] Bottom left is showing you that from the.

[11:50] Front corner of the cottage to the property line. Currently it's 45 feet.

[11:57] And the applicant's request is 25 feet.

[12:00] Or that was shown on the application before you is 25 feet 6 inches.

[12:06] And then?

[12:07] This blue.

[12:10] Outline.

[12:11] Is roughly the.

[12:13] The previously approved location from the DRB, but that location as I said, has never been actually.

[12:20] Drawn so that.

[12:22] The staff drawing is the only one that exists if this.

[12:27] Proposed location.

[12:32] Per section 2120 C two of the zoning ordinance, the use of a historic cottage is an accessory dwelling unit.

[12:39] Requires that the project meet several conditions requiring the approval of the BZA.

[12:44] Special exception is defined in the ordinance as a use permitted in the zoning district that possesses characteristics that

[12:50] require certain controls in order to ensure compatibility with other uses in the district.

[12:55] Within which they are proposed for location and therefore shall be approved by the Board of Zoning Appeals.

[13:01] For the historic Adu special exception, the conditions include.

[13:05] Finding that the building has been used as a dwelling.

[13:09] And that it's.

[13:09] Historic structure is less than 1200 square feet.

[13:13] But as of the 2024 ordinance updates, the discretionary increases by the DRB are no longer prohibited.

[13:21] Therefore, reductions in setbacks or increases in square footage are now permissible to include in the plans proposed for the

[13:25] historic Adu special exception.

[13:30] Noting that the BZA still must find that there are adequate provisions made for those setbacks as part of the special exception

[13:34] findings under section 21178.

[13:39] MMM.

[13:42] Some other things to consider. Ownership requirements.

[13:47] The the just stating that.

[13:50] There must be a single ownership or if there are multiple owners, they all have to have the same stake of ownership.

[13:58] That there are no separate utility meters for the Adu.

[14:01] It can be rented long term, however.

[14:04] The owner occupied 4% must be for the property.

[14:10] And the 2024 ordinance and then that's also now allow the reconstruction of the historic Adu if it is damaged or destroyed.

[14:19] So BZA.

[14:22] Session 21178. Findings are for adequate provision is made for such items as set back fences and buffered.

[14:29] Or planting strips to protect adjacent properties from possible adverse impacts.

[14:35] Of the proposed use such as noise, vibration, dust layer, odor, traffic congestion, similar factors.

[14:41] Is the endless find that the vehicle traffic and pedestrian movement on adjacent roads should not be hindered or endangered?

[14:48] That three off street parking and loading zones.

[14:51] And entrance and exits of these areas shall be adequate in terms of location, amount, design and construction to serve the.

[14:57] First years and that the proposed use should be compatible with the existing uses to the extent that such a use will not adversely

[15:03] affect the level of property values, general character or general welfare of the nearby area.

[15:10] Staff recommends approval of this special exception pending the DRB approval for the final location of the cottage.

[15:17] And provided that the board finds that.

[15:19] Those plans meet the conditions found in section 2120C2.

[15:24] And makes findings of fact that the project complies with the standards for granting special exceptions.

[15:29] Found in section 21178.

[15:34] Thank you.

[15:34] Any questions for Charles? I do have a question so.

[15:38] We're being asked to approve.

[15:42] The the new location or the old location or both locations.

[15:47] Because it does impact our.

[15:49] Analysis under 21178.

[15:52] Right. I mean.

[15:54] Well, we could approve.

[15:56] Either load and we could improve both locations, but then it still needs to go back to the DRB, right? Yeah, yes, I think that's

[16:00] that's the.

[16:03] Ask here is that.

[16:05] The Board The board proved the location.

[16:09] The the board approved the special exception and let the design Review board.

[16:14] Choose where that final location would be.

[16:17] But I I just, I want to clarify, I want you have to.

[16:20] Go back and forth between.

[16:22] Bounce before before these two.

[16:25] Committees because.

[16:28] If we approve, I mean, we're dealing with vehicular and pedestrian traffic and.

[16:32] And whether the setbacks, fences and buffered plannings were?

[16:36] Appropriate.

[16:37] And we're looking at a.

[16:39] At one site.

[16:41] I guess we need to.

[16:43] Sitter both sites and we should consider both sites.

[16:46] Because if.

[16:47] We don't either approve or disapprove of.

[16:50] Both sites, then you're going to bounce back to the DRB.

[16:53] And they're going to say, oh, we were. We approved the old site, for instance, they did that.

[16:58] But we won't have considered.

[16:59] Yes. So I would think I should consider.

[17:02] Any either of those locations or some location in between those that may be a.

[17:08] Middle ground that is settled upon perhaps? And did the town find any problem with the new site as set out? I mean subject to

[17:13] design review board.

[17:18] Did the town did you find any issues with?

[17:21] Where the new location is.

[17:24] No the.

[17:26] The only.

[17:27] Slight concern in the new location and I believe it can be addressed.

[17:31] Through engineering construction practices is that there it does encroach into the.

[17:37] Critical roots on this tree, but the porch can be cantilevered over that.

[17:42] Kroger, it's on and.

[17:43] And I don't believe that.

[17:45] There's a.

[17:47] Large percentage chance of it harming the tree.

[17:51] That's an oak tree.

[17:52] Yeah, it's, uh, once there is.

[17:55] It's 41.

[17:57] It's a big up.

[18:00] The SO the dip. Just to make sure I understand this drawing here.

[18:04] The difference of the two locations is moving.

[18:07] Towards Myrtle or back?

[18:09] So just shifting back and forth.

[18:10] Yes, yes. Whether it's brought forward into that tree root zone, which would.

[18:16] Expose it.

[18:18] For better visibility from the Causeway.

[18:21] Like you'd see the historic cottage better?

[18:23] Than if it was pulled further back.

[18:26] And it will also provide.

[18:28] More space between the two buildings, which I think is is an important.

[18:34] Doctor.

[18:36] I think it's important to consider that.

[18:39] As potentially designed, there's only four feet between this and the.

[18:44] What would be principal residence? Which would?

[18:47] We don't care. They have to fire it. If necessarily they would have to.

[18:51] But from amassing an architectural standpoint, it would look really bad right now. I got it.

[18:59] So really.

[19:01] It's 2.

[19:03] Right away encroachments it's two Rd. encroachments. It's not neighboring property.

[19:07] Correct.

[19:09] What could just?

[19:10] Just a second.

[19:14] In in that vein.

[19:16] I have a question about.

[19:18] The.

[19:19] What's going to be a new curb cut?

[19:22] On 22 1/2.

[19:23] And so I'm having a problem with 178.

[19:26] In that.

[19:26] Particular regard.

[19:28] Because.

[19:29] I'm pretty sure that that.

[19:32] Driveway is going to have to be.

[19:34] Umm, pervious.

[19:36] Which means that it will be dugout and there's two trees, right? I mean.

[19:40] We I go by that.

[19:42] Three times a day.

[19:46] No, this is not an existing Carver cut.

[19:49] The existing carb.

[19:50] Has been on it.

[19:52] Is not utilized here in the actual access to the.

[19:55] Properties often Myrtle, it's often Myrtle. And so my question is dot would have to approve this.

[20:01] And would they approve it?

[20:03] Because I don't believe that they would.

[20:05] Since there is existing access.

[20:08] On Myrtle.

[20:09] I can't speak for the deity.

[20:11] But will the dot need to approve that?

[20:14] The dot would absolutely need to approve that curb cut. That would.

[20:18] The encroachment into the deity right of way.

[20:24] How? How? How?

[20:27] What's the size of the dot right away on 22 1/2?

[20:30] I mean, Jasper, they got a big one, but I don't know how, I don't know what this. I believe it's a 60 foot right away.

[20:36] From the.

[20:37] Oh, total.

[20:38] Wait, is that what you're asking? Yeah, the width of the direct the right of way from property line to property line.

[20:43] 60 feet, OK.

[20:50] That's the main thing to your point.

[20:53] As I will note that.

[20:55] The proposed curb cut would.

[20:57] Potentially impede pedestrian accesses. That is a sidewalk along that side of.

[21:02] Station 22 1/2.

[21:05] Yeah.

[21:10] And I'll just point out.

[21:11] Houses on the other side that.

[21:13] Have curb cuts.

[21:14] They have no other way to access their property so.

[21:17] This lot.

[21:18] There is another.

[21:19] There's already an existing.

[21:21] Driveway on Myrtle.

[21:23] I thought it was town.

[21:26] It is.

[21:28] Yes, technically it.

[21:30] It would be abandoned, but that doesn't mean you can't use it.

[21:34] I mean.

[21:36] Several that do.

[21:37] Yeah, sorry.

[21:40] Any other questions for Charles before we open it for the applicant?

[21:43] Yeah, just regarding the curb cut, even though it's.

[21:46] I I don't know whether.

[21:48] It's legally abandoned the first one there.

[21:52] Could could that still be used that?

[21:54] The one that's shown.

[21:55] This one that's up under this Janice circle.

[21:59] Technically, I suppose it.

[22:01] It could be used.

[22:02] It is.

[22:03] It is an existing carb cut.

[22:08] OK.

[22:09] Yes, and and it yeah.

[22:11] And if.

[22:12] They were to.

[22:14] Get a dot encroachment permit for this new location.

[22:17] This abandoned curb cut would have to be.

[22:21] Umm, curve and guttered.

[22:22] Replacement.

[22:27] But we could, certainly.

[22:28] Make our decisions.

[22:30] Subject to dots.

[22:32] I mean, it's going to be subject to DOT's approval anyway, right? If they if they want to do the new.

[22:37] Curb cut.

[22:39] It would be nice to know what a pet.

[22:41] Marissa, what we're talking will that.

[22:44] Right.

[22:45] But.

[22:46] It still has.

[22:47] It still has to meet 178.

[22:49] We do have and.

[22:51] Some some consideration 3.

[22:54] We haven't done that yet.

[22:55] Yeah, we have to do that as part of it. So that's that's why I went there.

[23:03] If it goes from a non active.

[23:05] Per platform 22 1/2.

[23:07] To an active curve about 22 1/2. Even though it's not forced, that absolutely would be, particular in pedestrian traffic.

[23:20] 22 1/2 of them.

[23:25] So I guess our concern.

[23:29] But that doesn't.

[23:30] I mean, that's a, that's a red light.

[23:34] For sure we.

[23:35] In and out on 22 1/2.

[23:37] It's on. It's on. Uh.

[23:39] Myrtle.

[23:40] I thought we were just looking at it where it was cut out.

[23:43] Under the tree.

[23:44] Right here, that's not a utilized curb cuts. They access the property from.

[23:50] This.

[23:51] Location wait, can you? Can you?

[23:54] No, no, just wait. Just a minute.

[23:56] You just have to wait.

[23:59] Yes, we are.

[24:02] Yes, we are going.

[24:04] Well, you can, as soon as we're finished talking.

[24:08] We're almost there. We're almost there. We just have, these are just the questions. We have a.

[24:13] Town and then you'll.

[24:16] Obviously get to fill in all the blanks that.

[24:18] Yeah.

[24:20] All right.

[24:25] Yeah.

[24:26] Just making sure we know we have to look at 178, OK?

[24:29] Now we will.

[24:30] Hear from the applicant.

[24:32] So.

[24:35] Thank you. I'm Summer Udi.

[24:37] And.

[24:39] I've reached out. You appreciate y'all serving. Feel your pain. I've been in your seat.

[24:43] And that's why I was trying to.

[24:47] Nicely interrupt and.

[24:49] I felt like you were doing a little more and then just asking questions because I think I can address all this.

[24:53] And so I'm going to address that first before I go into everything that I was going to go into.

[25:00] We are not set on entering Office 22 1/2.

[25:04] I talked to the architect Carl Mccants.

[25:06] About that.

[25:08] And I think that particularly I anticipated that that would be an issue.

[25:13] Having sat in your seat before.

[25:16] I think that that was just the first drawing to try to fit everything in within the.

[25:22] The setbacks and whatnot.

[25:24] And so.

[25:25] He actually, if I may hand this up just as like something to consider he did a new.

[25:31] Drawing for me with entry off of Myrtle.

[25:35] MMM.

[25:39] Because I do know that that is very important to one of the elements that you have to approve.

[25:49] So one of the.

[25:50] To how we got here.

[25:53] Originally, we lived this whole project. It's been in front of the design review board several times.

[25:58] The packet that was submitted to you was.

[26:01] Kind of like the first first design.

[26:04] And when they I was not involved them, but when they went in front of the design review board, the design roof.

[26:09] View Board didn't love the house.

[26:11] The the, the What would be the new house?

[26:14] And so instead of.

[26:16] Picking that apart and going through that process, what the owner.

[26:20] Decided to do is go back and run the design review board and say, OK, let's figure out what we can do with the cottage, which

[26:24] you're willing to let us do with the cottage.

[26:28] To see if we can.

[26:29] Take this project in the direction that we want to because.

[26:32] They could also choose to just add on to this house.

[26:35] As opposed to, you know, have a special exception.

[26:38] And have a second house.

[26:39] I personally feel an owner does that, even personally, just as a member of the community.

[26:45] That keeping this house as a, you know, its own structure is very important because we're losing to.

[26:51] So many of our cute little cottages that define our island.

[26:54] And so.

[26:56] The ownership and the architect went back and forth with the Design Review Board several times, had a site visit.

[27:01] And the site plan was proposed that moved the house forward.

[27:07] To essentially the.

[27:08] The 25 foot set back but no encroachment into that set back.

[27:14] On site, one of the board members suggested let's move the house over towards station 22 1/2 to expose this historic cistern.

[27:23] And the owner said sure.

[27:25] If if that's what you want to do.

[27:27] That was not the owners proposal. That was the board's proposal and the owner was.

[27:32] Happy to comply.

[27:34] Moving it over.

[27:37] And forward.

[27:38] Was submitted.

[27:39] And up on the consent approval agenda.

[27:45] Umm, meeting before last.

[27:46] So they've got this new agenda where it's just, you know, basically like a check mark.

[27:50] One of the board members moved to remove it from the consent agenda.

[27:54] Because she.

[27:55] Had a concern that had never been raised in all these meetings or the site meetings, and it was the tree.

[28:02] And so.

[28:03] They, the owner actually what himself, Troy Ward, who's here, was not at that meeting. I was just sitting and watching in the

[28:07] architect was.

[28:11] Representing the property. And So what the board did is they moved to approve.

[28:17] All the renovations.

[28:18] Everything that was agreed on to do with the House, in fact.

[28:21] And the owner agreed to keep an extra. We were going to take off more of the house and the design review board asked us to keep an

[28:25] extra section so it would have even been slightly smaller, but.

[28:30] We we complied with their request with that too, so they moved to.

[28:33] Approve that all the renovation.

[28:35] And to approve the site plan to move it over as the board had requested.

[28:41] But not to move it forward.

[28:43] And it was really kind of just all of a sudden based on this tree.

[28:47] And.

[28:48] It wasn't at the request of the ownership and that's why when.

[28:52] Charles was pointing out this particular location has never been drawn. It's because they approved.

[28:58] On their own, a location that never been requested or drawn out or anything.

[29:02] And so.

[29:03] And of course, on the fly, we had no way and I wasn't.

[29:06] Representing them, but the architect had no way to address the tree.

[29:10] So we went back in front of the Design Review Board last month with Jerry Benoit.

[29:17] An arborist. He came out on site. We looked at it.

[29:20] And actually.

[29:22] Moving it just over.

[29:24] Make the IT would be.

[29:25] Safe for the tree, but you have to take a lot more of the foliage off the tree.

[29:29] And he was completely fine with moving it over and up.

[29:33] So we had reapplied to.

[29:35] Basically move it up to where we'd ask before it was just one foot back could you couldn't submit the same application over and

[29:38] up.

[29:42] With a cantilevered foundation and he was OK with that. So we've really addressed the tree health issue already.

[29:51] But.

[29:52] Then the board just.

[29:55] At the last meeting just had a lot of questions and wanted to know what we were doing with the second house.

[29:59] And we don't have the second house thrown out because we were trying to make sure we could even get this.

[30:04] Special exception before spending a lot of time.

[30:06] Designing that house.

[30:09] I think we are where we need to be other than this placement.

[30:13] And the placement is important for you because.

[30:16] If we can move that now, that we can move that house over.

[30:19] That we have more room for a driveway off a Myrtle.

[30:22] So moving it over was great for that.

[30:24] But we also need to move it up because, as Mr. Graves pointed out, it's not going to look good with no place together.

[30:31] It also is going to make it harder to have a driveway that can act.

[30:35] That's the garage on the bigger house.

[30:38] If we don't.

[30:40] Umm, move it forward.

[30:41] So what I just.

[30:42] Gave you is showing entry on Myrtle.

[30:46] Abandoning all the.

[30:48] Current and proposed curb cuts on 22 1/2.

[30:51] So if you will approve it with a condition that we are able to move it forward so that we can abandoned those curb cuts on 22 1/2,

[30:55] we would.

[30:59] Certainly accept that and and be happy about that.

[31:05] Yeah. Oh, for sure. Yeah. And you and you makes more sense in general. And you can't literally move the. There's two big trees in

[31:10] the back. So you are.

[31:15] Limited and how far back you can.

[31:18] Site the new house so.

[31:20] This is.

[31:21] I wish we'd gotten this in our.

[31:22] Packet said. Thanks for doing that. Sorry, I came in kind of in the middle of it and we.

[31:28] Anyway, yeah.

[31:30] Can I ask a quick quote? Maybe a dumb question, but it appears as if we were.

[31:35] It appears as if there's enough room.

[31:38] In this setup.

[31:39] To not have to go.

[31:41] As far towards 22 1/2.

[31:44] That you could bring.

[31:46] The building.

[31:48] You'd have to have some.

[31:50] Relief on that front set back to put the porch into the set back, but then the entire building could.

[31:55] Fit.

[31:56] Within the side setbacks.

[31:58] But not the front. Set back and still get a driveway around it and avoid the tree.

[32:03] The issue there, we didn't ask to move it.

[32:06] To the sad the design review, so forgetting.

[32:09] Forgetting that for a minute, if if now looking at this it appears as if.

[32:15] The whole entire reason is to expose this.

[32:17] Yeah, they want. Yeah. No, no, I'm saying that.

[32:20] It the the front porch is how deep?

[32:23] Yeah, I'm just essentially saying that.

[32:26] I see what you're saying. You're you're saying that they would.

[32:32] Come for a front set that.

[32:33] Go to the front plane.

[32:35] Yeah, go to the front of the house, into the front set there, Yeah.

[32:38] And not into the.

[32:40] Yeah, 22 and which is?

[32:42] I think better.

[32:43] For you.

[32:46] Right to go into that front set back.

[32:50] So give the exception and put the front porch in the front set back and then they can dodge the tree, the root system.

[32:55] And exposed assistance.

[33:02] As long as we have room, you're going to need a, you're going to need a survey to check driveway with and all that stuff. But I

[33:05] think.

[33:08] That does.

[33:09] Everything that everyone would want it to do.

[33:14] Right again, like you know, we.

[33:17] We thought they were OK with where we were born.

[33:20] On the fly, got that pushback so I.

[33:24] I'm I'm sorry the DRB did this to you but looking at like the.

[33:28] If we can preserve this root system.

[33:30] By doing back.

[33:32] And expose the cistern.

[33:33] That's a better solution for everyone.

[33:35] I agree, although I don't think we have an issue with the.

[33:38] Root system.

[33:40] Move forward.

[33:42] Charles, are you familiar with the arborist they use? Rebecca, are you? Yes.

[33:46] Is this a someone with whose opinion we trust We're we're?

[33:49] Very familiar with Mr. Benoit.

[33:51] I didn't think to bring it. That wasn't really much. I might.

[34:02] Jeremy, to your point though.

[34:03] Find it's important.

[34:05] Get.

[34:06] I don't care if it's hand drawn or something.

[34:10] That of what we're approving, you know exactly what we're.

[34:13] Were approving because otherwise.

[34:15] I'm just concerned it's going to be really arbitrary.

[34:18] Right. And I get why they don't want to do it yet. Yeah, the hard part.

[34:22] Back in the building.

[34:24] How much into Jeremy based on what you were just discussing?

[34:28] How much into the set back?

[34:31] Do you think?

[34:32] Approval would.

[34:33] Oh, I don't need to approve, you know, by looking at it. Maybe a hair more than the depth of the porch.

[34:39] But I don't have a scale, so I don't know, yeah.

[34:43] What you would need a variance to move.

[34:48] Well.

[34:49] The DRB can move it.

[34:52] 3 1/4 feet, 15% of the 25 foot set back can be reduced by the DRV if that's not enough.

[35:01] It would require a variance from the BZA.

[35:04] And that is not on this agenda, so it would require.

[35:09] Coming back.

[35:12] But that that would.

[35:20] ERP.

[35:23] We submit the package and we know you're not trying to.

[35:25] Yeah, your argument is with DRB, not with us.

[35:29] Sorry, but I think we need to find out.

[35:34] I'm trying to find a good way to yeah.

[35:36] I think what Jeremy is getting at and what I'd like to see.

[35:39] Is.

[35:40] Something we are comfortable approving.

[35:44] Even if it's.

[35:46] Even if it's conditioned, you know, on you got to deal with the FT and all that.

[35:50] Something that we can approve here today.

[35:53] So that you don't have to keep bouncing back and forth.

[35:58] I think we can do that. I think we can.

[36:02] In our motion to approve.

[36:05] Allow if needed.

[36:11] Based on.

[36:12] Where the final.

[36:15] Citing of the historic cottage.

[36:17] Ends up if it requires.

[36:21] A variance into the front.

[36:23] Step back.

[36:26] Then we can pre approve that.

[36:29] Relief.

[36:30] But we're going to have to be definite about.

[36:32] Is it 6 feet? I don't know what it is.

[36:35] I think 2 would have been important that if you do, imagine agreeing that.

[36:40] That you make it.

[36:42] Specific if you were basically telling the town I need the DRV.

[36:46] We want it moved forward. We can't. We can't say that.

[36:50] Well, we cannot.

[36:54] With the meeting elements.

[36:56] September 3.

[36:57] It's 2.

[37:06] After posting 22 1/2, can we get that?

[37:09] Can we give a conditional approval of the special exception, Charles?

[37:13] It's subject to your.

[37:15] If we lay the parameters subject to your.

[37:18] Approving it at staff level so they don't have to come back to.

[37:23] PGA for the front. Front set that.

[37:26] Yeah.

[37:37] Really, I have some concern about proving a variance without advertising it.

[37:44] Right. Oh, I see what you're saying. OK. He want, he wants he wants us to come back.

[37:49] He wants you to come back.

[37:50] I want to do it right.

[37:52] If you, you today can approve up to the what, 21 feet or no?

[37:58] Plus plus whatever the DRV can get.

[38:03] No, because that's no, because it's a variance.

[38:06] Yes, it was the special exception.

[38:12] Yeah.

[38:16] Element of C2.

[38:20] Being and protected.

[38:24] I think. I think what's being asked is.

[38:26] If.

[38:28] DRB gave maximum relief.

[38:32] It and it fit within that parameter.

[38:35] We could approve it, but if it was larger than that, then that would trigger a.

[38:40] Coming back coming back to the CBA for a variance yes I mean y'all can approve the.

[38:46] Yes.

[38:47] Yes.

[38:50] Just to be clear.

[38:52] We're trying to work with what?

[38:54] What's been plopped in front of us, unfortunately and.

[38:57] What you're telling me is what's been set in front of us is.

[39:02] Something that the DRB itself.

[39:04] Came up with as far as the what we're seeing in this.

[39:08] Purported application.

[39:09] And then there's another.

[39:14] Another application.

[39:15] And they deferred it.

[39:17] And yeah.

[39:18] And I was going to express this to you. It's not because we.

[39:23] No.

[39:24] Right, right.

[39:27] They changed.

[39:29] Right.

[39:30] Oh, I get that.

[39:32] Yeah.

[39:33] Yeah, yeah, yeah, I get it.

[39:35] So we appreciate you trying to work with us. I like everything you're saying. I anticipated that that was going to be an issue,

[39:39] which is.

[39:45] OK.

[39:47] Isn't it? Why would you want to do houses together for any reason? We didn't go in front of them for the like action.

[39:54] In front of them where their approval there is no reason.

[39:59] Their next justifiable reason and they actually didn't make a finding of fact on them, and they probably should have their new

[40:02] justification.

[40:06] Or you can move it to the side, but you can't move it or because it's that here since the the 50.

[40:12] You're moving it and I've seen that board and architects own that board. Can you have all on our own watch?

[40:19] Would you please use the microphone?

[40:22] Thank you.

[40:23] So that's why we, we understand, I understand where you are coming from.

[40:27] I'm just trying to figure out a way to do it.

[40:29] Now we're just we're.

[40:31] Actually trying to find a way to work with you so that.

[40:34] You don't have to keep.

[40:35] Bouncing back and forth.

[40:37] And any input from the town welcome on how we give you.

[40:42] Opinion on what you can do as far as what?

[40:46] And I can interrupt for a second.

[40:49] The problem as I understand it, if we approve.

[40:52] A set back now.

[40:56] Going into the set back.

[40:57] That has never been advertised than a citizen.

[41:01] Sullivan's Island.

[41:02] Could come up and and it would.

[41:04] Be vacated probably if they if they challenged it because it hasn't been advertised right.

[41:09] Correct. Yes, if there was a variance, yeah. But now I'm sorry. Go. Yeah, so.

[41:14] So that being said, y'all can approve.

[41:17] This.

[41:19] Special exception.

[41:20] And let the applicant go back to the design review board to finalize the location of that cottage.

[41:28] Y'all would provide it.

[41:29] Approval contingent on the DRB approving the cottage's location.

[41:34] And.

[41:35] To that end, they.

[41:37] They could approve it moving into that front set back as.

[41:40] Mr. Graves has suggested.

[41:43] And not going into that side set back, exposing the cistern to the rear of the property instead.

[41:50] And it would only come back to you again if.

[41:53] It was needed to go.

[41:55] Further into that front set back than the DRB can approve.

[42:00] Which is 21.

[42:02] And a quarter feet.

[42:04] Of front set back.

[42:06] OK.

[42:09] But I agree with you. I just think that.

[42:15] I think it need.

[42:17] We can we. Here's the thing, we do not have the Yeah.

[42:21] We cannot tell the DRB where to.

[42:23] The cottage I understand that you can put a condition for meeting.

[42:28] What is it 1?

[42:33] We can suggest it, but we can't.

[42:35] 20.

[42:39] Unfortunately, we can't correct their work.

[42:43] The driveway location needs to be over.

[42:48] Off of Myrtle.

[42:49] For to me to meet 2172 and 3.

[42:55] To meet those requirements of.

[42:58] Not having uh.

[43:00] Right.

[43:02] Impediment to.

[43:03] Impact Pedestrian. Traffic Pedestrian.

[43:05] Vehicular movement.

[43:11] No.

[43:13] There's a current curb cut. The current curb cut.

[43:16] Doesn't really work for you. There's a tree there and it's too close to the house I think.

[43:21] If not in the house's heart of the pages.

[43:25] Yeah, I'm talking about the cottage.

[43:27] It's very close to the cottage.

[43:29] This is.

[43:34] I don't. I don't.

[43:35] I don't think that's in their purview.

[43:39] I think that.

[43:41] Where where the direction here is that that?

[43:44] Any curb cut access off of.

[43:46] 22 1/2 would impede.

[43:49] The vehicular and pedestrian business, but it currently has, so you currently have one.

[43:59] Yeah.

[44:01] And and we don't want to use it, we want to. We want to make it work.

[44:05] Like this because obviously y'all y'all got it immediately like it makes more sense. So I think.

[44:12] What I, after this discussion, would propose?

[44:16] Something to the effect of.

[44:19] A motion to approve the special exception.

[44:26] With a condition that the cottage.

[44:30] Be moved forward.

[44:37] To well, to to move it forward.

[44:45] To the allowed relief by the DRB.

[44:49] So that.

[44:53] Yeah, to move it forward up to the the.

[44:55] So that.

[44:56] To meet.

[44:59] To be to to meet the elements of 21.

[45:01] 178C.

[45:05] Two and three.

[45:07] And you could throw in the landscape too, if you're talking about the tree, but.

[45:11] In In other words, I want.

[45:13] And I know you can't tell the DRB what to do, but it needs to.

[45:17] If we the whole point.

[45:20] Is that because I'd be making a different argument if you're like?

[45:23] No, you can't move the house at all.

[45:26] Then I might need to access off of 22 1/2, but I don't need to access off a 22 1/2 if I can move the house forward and make

[45:29] enough.

[45:33] Access and parking between the two houses.

[45:37] Got it.

[45:38] But if you place that condition on this approval.

[45:42] And the Design Review Board does not.

[45:45] Allow that front.

[45:46] Set back encroachment, then you back to this board again.

[45:52] DRB designer View board is saying I don't want to protect these cottages and I'm going to arrest them just building onto it.

[45:59] I mean, at some point they've got to.

[46:03] The pro The problem is we cannot.

[46:06] We cannot put a contingency.

[46:09] On a special exception.

[46:11] When we.

[46:13] We cannot tie the hands of the DRB.

[46:15] We cannot tell the deep make our.

[46:18] Approval of the special exception.

[46:20] Contingent on the DRB agreeing to where we have placed the house.

[46:25] Because that is not our job.

[46:26] But I but I do think, I do think we have some flexibility in saying.

[46:31] That we.

[46:32] Find that the location.

[46:35] As set forth, and.

[46:38] Up to the.

[46:41] Maximum allowed by the DRB encroaching.

[46:45] Is approved and satisfies the conditions of 21178. I think that's what.

[46:51] You're saying is that?

[46:53] Now I don't know what the maximum.

[46:55] They can allow it to be moved forward, but that's all.

[46:59] 1515% they can. They still have to approve the whole design no matter what.

[47:05] But they would just be going back and saying no, we don't approve it and not.

[47:08] I'm just trying to avoid having to come in front of you again, so I think we can.

[47:12] I think there's a way that.

[47:14] That can be done just to say.

[47:16] We proved the location.

[47:19] As it is set forth and.

[47:22] Move forward to the maximum allowable.

[47:25] Encroachment.

[47:26] That the DRB and its discretion can allow.

[47:29] In order to createspace between the homes that is.

[47:32] Yes.

[47:33] We're not adequate, that is adequate provision of set back between the two homes.

[47:37] That's part of your OK.

[47:39] And subject to for the C2.

[47:43] A driveway access off of Myrtle.

[47:46] So I think we have the.

[47:48] Yeah, prerogative and.

[47:50] Yeah, actually the necessity to meet.

[47:52] C2 and put that in there. So that would make DRB.

[47:55] Abandon any sort of driveways on 22 1/2 which would I think affect?

[48:00] One's proper placement of the house.

[48:02] Yeah. So I think, OK, we make that a condition. All right.

[48:05] I think we know what we're doing.

[48:10] This is the most difficult special exception we have ever had.

[48:14] But I want to get it right.

[48:16] And I don't want to cause.

[48:18] I want to cause the least amount of.

[48:25] Difficulty for the applicant when they go back before the DRB.

[48:29] Right, right that that's.

[48:30] That's I think that's what we want.

[48:33] OK.

[48:36] You seem to have a handle on this, Michael. I'm going to.

[48:39] Take a shot at it, but I will welcome any. We will have a, we will have a joint motion.

[48:45] I want to.

[48:47] First address.

[48:48] 21178.

[48:50] And then I'll address in order.

[48:52] Then 21.

[48:54] 20C2 that we also need to address.

[48:58] I move.

[48:59] That.

[49:00] The Board of Zoning Appeals.

[49:02] That we.

[49:03] Find that.

[49:05] As.

[49:07] Presented to us.

[49:09] And.

[49:10] With the.

[49:12] Allowance.

[49:13] That.

[49:14] It the structure, the cottage structure be moved to the maximum allowable encroachment.

[49:20] Within the discretion of.

[49:23] The design review board to the front set. Back to the front set to the front set.

[49:28] Back will allow adequate provision for setbacks, fences buffered.

[49:33] Planning strips.

[49:34] By the way, also on the condition that the access is moved to the.

[49:38] Access off Myrtle.

[49:40] As opposed to 22 1/2.

[49:42] That it will allow adequate provision for.

[49:44] A setbacks fence is buffered planting strips, et cetera.

[49:48] That it will.

[49:50] Allow it won't impede vehicular.

[49:53] And pedestrian traffic and will not.

[49:57] Hinder.

[49:58] Such traffic.

[49:59] That it will.

[50:01] Have sufficient off street parking.

[50:04] Loading, et cetera are adequate.

[50:06] And that the proposed use is compatible with the existing.

[50:10] Uses and will not adversely affect property values general.

[50:14] Character or general welfare?

[50:16] Of the new value.

[50:18] Nearby area.

[50:20] And further that we find.

[50:22] Can you put section 21?

[50:23] 20 CS further that we find that.

[50:28] This is conditioned.

[50:30] Obviously we find that that.

[50:32] Prior use was dwelling. I believe that's been.

[50:35] Stipulated.

[50:36] That the.

[50:38] Size of the historic structure.

[50:40] As reduced.

[50:43] In compliance with 2120C2.

[50:50] Is still.

[50:52] Needs to have the planning of the DRB of the special circumstances and the.

[51:00] Portions of the.

[51:01] Structure have been removed, that's already been approved by the DRB as I understand.

[51:06] And then finally.

[51:09] It is conditioned on 2120C2.

[51:14] That.

[51:15] The.

[51:17] Appropriate deed restrictions be entered.

[51:20] As to ownership prior to any permits being.

[51:23] Issued.

[51:24] And I think that.

[51:26] Covers.

[51:27] Most of anything else that.

[51:29] Just say we approve it. You didn't say that again.

[51:31] Oh, and that we approved the the applicants.

[51:35] Request.

[51:36] For the I'm going to I would also I'm going to ask a question which is.

[51:40] Wait a minute, wait, you can't ask a question yet?

[51:43] Say it's based on the drawing.

[51:45] That we were presented during the meeting.

[51:48] And make that in the record, please.

[51:50] Yes, and also add that it is based on the drawing that we should add as an exhibit.

[51:57] To.

[51:58] Wait, it's not that crawling. Guess what my my particular issue is we're going to have no other approval but what he wanted to

[52:02] move because this is.

[52:07] Yeah, I don't think I'll have yet another.

[52:11] From another board that.

[52:12] I think.

[52:14] I think as this motion stands, it's still, it's relevant to what we are making a decision on.

[52:20] It doesn't mean it's final.

[52:22] We don't make the final No, I think you're, but I think she's right. I don't think we.

[52:26] I don't think we're approving this. No, no, no, we're not. But we're entering it into the record. It was presented to us at a

[52:29] meeting.

[52:31] Right, so it has to be.

[52:33] What we're going to do, we need a second and then we're going to discuss.

[52:36] And then we can add to.

[52:37] Motion if we need to.

[52:38] Is there a second?

[52:41] I suck in it, thank you.

[52:42] All right now.

[52:43] We can discuss and amend the motion if we need to.

[52:47] Charles.

[52:47] Is that sufficient?

[52:50] It was.

[52:54] A lot.

[52:57] We're going to have to.

[52:59] We have to review the minutes, listen to it again to.

[53:02] Capture it all but.

[53:03] OK. I believe that the motion.

[53:07] Set forth.

[53:09] The proposed location allowing it to move forward on the property to create the proper set back and to allow for the driveway

[53:13] location.

[53:18] Which would come in off of Myrtle no longer creating impacts that.

[53:22] To the pedestrian and vehicular movements.

[53:25] And.

[53:26] Is.

[53:28] Appro approval condition on the DRBS agreement of a.

[53:33] The new location, right? Well. I.

[53:36] Well, yes, because.

[53:37] What we need, what we're saying is the DRB gets the final approval.

[53:42] On the sighting of the cottage. But we approve.

[53:45] Moving the.

[53:47] As a special exception, moving it as far.

[53:50] Forward into the set back as allowable by the DRB and its discretion.

[53:55] To create.

[53:59] Yes, yes.

[54:00] Yeah, yeah, yeah. But what we didn't say.

[54:04] Is.

[54:05] And what I.

[54:06] Believe what we're saying.

[54:08] Is that we're trying to move the house.

[54:12] In behind.

[54:14] Or coplanar with the side yard set back off of 22.

[54:18] So I think the same thing would.

[54:22] DRB has.

[54:24] The ability to give some relief on the.

[54:27] Side yard set back.

[54:29] And the placement of.

[54:31] That structure.

[54:33] Could be a combination of.

[54:34] Forward.

[54:35] And.

[54:36] In off of 22.

[54:38] So I think that you want to say kind of the same thing.

[54:42] That ideally we.

[54:44] Want the thing within the side yard set back?

[54:47] But in no case.

[54:49] Can it exceed the?

[54:51] The the ability of the DRB to grant some relief.

[54:55] To the side yard set back.

[54:58] Right. We kind of didn't mention a side yard set back.

[55:00] Because they've already done that.

[55:03] The DRB are.

[55:05] The DRB already moved it into the site. OK, I'm just saying because I'm looking at a drawing that shows it into the.

[55:11] Because that's what the DRB does. Because that's what the DRB did.

[55:16] DRB did that.

[55:19] Well is the 13 foot 9.

[55:21] Within DRB Relief.

[55:23] Yes.

[55:24] Yes, the DRB suggested pulling it to 10 feet off that side.

[55:28] And I have to push it for 13.

[55:30] OK, kind of keep it away from the feel, like when they see this drawing, they're going to have the same reaction.

[55:37] Pull up order and get the.

[55:39] Front porch.

[55:40] No, they couldn't let us move it forward. They won't. They won't let us move it forward at all.

[55:46] That's why we have the 2 feet in between two houses even though they told me they wanted the most distance between houses.

[55:52] Give the original college the most visibility and keep it original. But then they smashed it all together and wouldn't let us move

[55:55] forward at all.

[55:58] Well.

[55:59] Not thinking about some of these what what if?

[56:02] Your conditions were something to the effect of that there be.

[56:08] Adequate space to provide.

[56:11] Driveway access off of Myrtle so that there's no need to.

[56:15] Because you can't have the curb cuts on 22 1/2.

[56:18] And he said some, some, some minimal.

[56:21] Number of feet between the two structures.

[56:25] You insinuated that when you said it, but you're architecturally speaking a good number that the town.

[56:31] Uses for that sort of thing because I think a 20 foot minimum between the houses would be.

[56:38] Well, it looks like they've got 20.

[56:41] And that would.

[56:42] You know does that.

[56:44] We have to deal with.

[56:46] How far we're going to encroach into the front set back?

[56:49] The size of the cottage and the historical integrity and their ability to.

[56:56] Bill.

[56:57] Within the setbacks on the.

[56:59] New structure.

[57:02] So.

[57:03] The way this one's drawn, this is 23 feet between.

[57:06] These two.

[57:07] Current.

[57:08] So.

[57:11] And where the DRB required it.

[57:14] But that's that's, yeah, the DRV required it to be only four feet of separation based on where they approved the cottages located.

[57:20] Yeah. So we can, we can. We can with 23 now.

[57:26] If we're saying we're moving it forward if we stipulate 20.

[57:30] That does what we needed to do.

[57:31] At a minimum.

[57:32] And it's and it's still under what the DRB can.

[57:36] OK. Yeah. So it'll give the DRB some flexibility to, but it would.

[57:41] Address separation, so he said separation. So we're going to add. Somebody moved to amend to add 20.

[57:50] A minimum of 20 feet separation between the historic cottage and the.

[57:54] New structure, OK. So that's an amendment to the motion and we tie that to the 178, those provisions that we're talking about in

[57:59] egress. And I mean, I think that's why our authority is to say that.

[58:05] And with that amendment, we would still find.

[58:08] That Can somebody second that amendment?

[58:12] Oh, it's a friendly for you so.

[58:15] All in favor of the amendment.

[58:17] Aye.

[58:19] All opposed.

[58:21] It carries all right.

[58:23] So.

[58:24] We still have to.

[58:26] Vote on the main motion. Renew the move. I renew my motion. As previously stated, you don't have to renew it. We amended it.

[58:34] OK, you're being, he's being a lawyer.

[58:39] Yeah. So I'm, I'm.

[58:41] Robert says you don't have to do that, but I moved to.

[58:45] Approve measures amended.

[58:47] OK. Is there a second for that? OK.

[58:51] Any discussion?

[58:53] All in favor signify by saying aye.

[58:55] Aye, like sign opposed.

[58:57] The motion is approved.

[58:58] Thank you. Thank you very much. I appreciate y'all talking that.

[59:03] I know, so I.

[59:06] We were. We were gonna get there.

[59:09] Oh yes.

[59:12] Oh, Michael wants to talk.

[59:16] I want to.

[59:16] Commend Charles. We had the issue that.

[59:20] We had dealt with a couple of months ago about.

[59:23] On the 1 foot limit and I saw that you addressed that with counsel and I personally appreciate that.

[59:28] You addressed that with Council. Thank you.

[59:30] Thank you.

[59:31] So if.

[59:33] B or B doesn't agree with you and doesn't approve what you approve. What do I do then?

[59:40] Well, we.

[59:41] We are the special exception granting authority.

[59:45] So so you have your ability.

[59:49] So.

[59:49] We because we based our findings on.

[59:54] 178.

[59:56] By.

[59:58] But I guess by giving you a map by giving you a minimum.

[1:00:02] Is is where I see that this is.

[1:00:04] This is going to go is because we based all of our findings on historical research of where the house was and that's what.

[1:00:11] DRB is holding their hat on and exposing this sister.

[1:00:15] And then even Heather Wilson when I brought up, I was the first one to bring up the tree issue and she said the tree issue is not

[1:00:19] an issue if you move it forward.

[1:00:23] Because you can cantilever your foundation and blah blah blah that I spent another $2400.

[1:00:28] With Jerry Benoit getting that approved, right. And I'm just going to tell you that we did what we were we are allowed to do, OK?

[1:00:36] The special exception you can't do anything.

[1:00:40] And until you can't, I mean, no, I understand that. I appreciate that a lot.

[1:00:44] Can we adjourn this meeting so I can OK bam so we can stop?

Board of Zoning Appeals

Agenda

Transcript