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Mr. Walker, the official timekeeper

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tells me it's 5:30. We're going to get

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started.

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This is the Thursday, July 30th, 2026

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meeting of the Floyd May Board of

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Adjustment.

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Come to order, and the first thing we

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have to do is take a look at the minutes

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from our meeting of May 28th, 2026.

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Uh did everybody on the board get a copy

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of the those minutes?

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>> Yes.

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>> I I myself didn't see any problems or

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omissions. Did anybody see any problems

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or omissions?

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I'll make a motion that we accept the

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May 28th, 2026

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meeting meeting minutes. Is there a

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second?

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Mr. Shields seconds. All in favor of

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accepting those minutes as distributed

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by Ms. Miller, say aye.

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It's unanimous.

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So, that's taken care of.

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Um

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I don't have any

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new business to take up before we get

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into um the variance hearing we're going

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to do. Does any board member have any

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new business you want to

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bring up?

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>> No.

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>> Okay.

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All right. we'll move on then.

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We have a variance

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application.

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It's variance number 2026-03.

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The applicants are Fred and Sandy

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Cerretti.

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And Mr. Cerretti introduced himself to

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me as Is Miss Sandy Cerretti here?

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>> No, she is not.

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>> She is not. Okay. All right.

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Um

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the location of the property that we're

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going to be talking about is 369

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Tory Acres Circle here in Blowing Rock,

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North Carolina.

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And

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the first thing we need to do is find

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out if any board member

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uh has any conflict of interest in this

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case.

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Um

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and I have a little list here of things

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that we have to address.

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Um

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the board cannot Board members cannot

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discuss this case with anybody prior to

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this hearing here tonight.

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Uh has anybody had has That's called ex

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parte communications. Has anybody on the

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board had ex parte communications,

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talked to anybody about this case prior

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to this evening? I haven't. Everyone

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says no.

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A member must not have a fixed opinion

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prior to this hearing as to whether this

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particular variance should or should not

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be granted.

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And should not be biased. Does anybody

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have a fixed opinion about this before

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we even start?

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No.

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I hear no from everyone.

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A member must not have a fixed opinion

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as to whether all variances in general

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should or should not be granted. Should

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not be biased one way or the other. Does

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anybody have such a bias?

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>> No.

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from me. No from everybody.

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A member must not participate in this

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case if the member has any close,

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familiar, familial, business, or other a

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relationship with a person involved in

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this case. Does anybody have a close

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relationship with anyone involved in uh

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this variance application having to do

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with 369 Towne Acres Circle? Anybody?

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Everyone says no.

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And a member must not have any financial

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not financial interest in the outcome of

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this case. Does anyone have any

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financial interest in the outcome of

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this case? And we all say no.

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» [snorts]

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>> We, board members,

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are not allowed to discuss this case

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prior to tonight. The ex parte

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conversations I just mentioned. But

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we're allowed to drive by the property

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in question and look at it, give it a

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good eyeball.

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Um

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and we're allowed to do that just so we

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don't stop

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and get into some sort of conversation.

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We just look at it and keep going.

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I know I did. Did any of the board

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members go by 369 Towne Acres Circle?

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Yes.

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I have. Yes, I did.

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Everybody but Mr. McGill. You did not.

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>> I read my paper.

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>> Mr. Schiller and Mr. McGill did not go

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by the property.

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>> I read all the material we were given

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and obeyed thoroughly.

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>> Okay.

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Uh

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the other three of us

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did go by the property.

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Um is there anyone other than the town

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representative

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and the variance applicant

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who considers himself to be a party to

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this case?

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Um wants to come into this case as a

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party and participate fully because they

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feel like

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uh

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the outcome of this case one way or

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another would may affect them.

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Anyone here that feels like he is a

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party to this case?

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And I hear nothing.

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The minutes of this meeting going going

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to be kept by Miss Taylor Miller over

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here. She is a town employee. She

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actually works in the planning and

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inspections office.

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Uh

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Mr. Serrati, do you have any objection

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to Miss Taylor keeping the minutes?

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>> No, I do not.

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>> Okay.

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And uh

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Mr. Johnson, do you have any objections?

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>> I do not.

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>> Miller keeping the minutes. Very good.

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The North Carolina Court of Appeals has

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said on a number of occasions that we

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are supposed to let everybody here know

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what procedures we will use.

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And they have given us

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uh

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a suggested spiel

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to take care of that.

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This hearing is a quasi-judicial

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hearing. It is conducted according to

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the rules and laws laws pertaining to

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quasi-judicial hearings. It will have

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all of the essential elements of a fair

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trial.

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Parties will have the opportunity to

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give evidence, cross-examine witnesses,

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inspect documents, and testimony shall

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be under oath.

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The board's findings will be based upon

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substantial, material, and competent

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evidence. And if anybody here wants a

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definition of substantial or material or

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competent, say so now and I'll read it.

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Otherwise, we'll move on.

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Um

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Mr. Johnson, I asked

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Thomas to put two sheets

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into the uh

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projector up there,

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both of them showing what's required

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for a variance.

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And there's the first one. That is the

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state statute.

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It shows what is required to get

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a variance.

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Um there's a state statute on this.

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It's a North Carolina General Statute

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160D-705.

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It gives the requirements

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for obtaining a variance. It's the law

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we are to follow, the law we are to

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apply to the facts

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that come out in this hearing.

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So, that's the state statute.

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If you would turn to the Blowing Rock

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ordinance.

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That's the state statute.

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>> Did you have a sheet?

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>> Yeah, I gave it to him.

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Just scroll down. Scroll down.

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There we go.

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>> Can you scroll down some more?

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>> Um Blowing Rock, the town

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um wrote its own ordinance.

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The town's ordinance has to um comply

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with the state statute. The state trumps

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cities and towns. And it does. It's

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virtually um

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written identically showing the what we

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call the factors, the four factors

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that have to be met

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before a variance can be granted.

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Uh Blowing Rock added a few little

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things, explanatory things,

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like the last sentence in factor D.

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Reads "The

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requested variance is consistent with

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the spirit, purpose, and intent of the

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regulations, such that public safety is

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secured and substantial justice

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achieved."

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That's what the state statute says.

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Blowing Rock went on and added this.

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They say, "Substantial justice is not

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achieved when granting the variance

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would be injurious to the neighborhood

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or to the general welfare.

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So, let's look at the four factors

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real quick that

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the surities will need to

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prove and establish to get

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the requested variance.

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The first says unnecessary hardship will

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result from the strict application of

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the regulations. It shall not be

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necessary to demonstrate that in the

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absence of the variance

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a reasonable use can be made of the

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property.

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What is unnecessary hardship? It's not

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defined

243
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in the state statutes, it's not defined

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in the law in Rock,

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it's code of ordinances, and it's not

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defined in the common law judgment law

247
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of this state.

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The people, however, that train

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the legislatures

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this legislators

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in Raleigh and they go around the state

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and train

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town councils

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and um

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county councils

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um the UNC School of Government

257
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um

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they have talked about what an

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unnecessary hardship is. Their

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professors are also lawyers who

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specialize in land use and development.

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And they would say, the School of

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Government attorneys and professors

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would say it's fair for all the property

265
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owners in our neighborhood to suffer the

266
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same degree of hardship due to the

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zoning zoning rules.

268
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But, it would be unfair and excessive

269
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for the zoning rules to impact the

270
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property more than the other properties

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in the neighborhood due to unique

272
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characteristics of the property.

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That's excessive.

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Um

275
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Actually, the adjective unnecessary is a

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00:11:22,440 --> 00:11:24,280
poor choice. You might think of it as

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excessive or unfair hardship.

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So, basically, what we're they're saying

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is if you've got some problem with your

280
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lot

281
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whether it's a very steep slope that

282
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takes up most of the lot, a stream going

283
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through the middle of the lot, or maybe

284
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you're a long

285
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skinny rectangular lot,

286
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and you just you can't do much of

287
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anything

288
00:11:46,920 --> 00:11:49,480
as far as reasonable building without

289
00:11:49,480 --> 00:11:51,960
getting into the setbacks or

290
00:11:51,960 --> 00:11:53,600
breaking some other

291
00:11:53,600 --> 00:11:55,880
zoning rule.

292
00:11:55,880 --> 00:11:57,080
Um

293
00:11:57,080 --> 00:11:59,800
you are your your property has unique

294
00:11:59,800 --> 00:12:02,080
circumstances such that

295
00:12:02,080 --> 00:12:03,720
you need a little help.

296
00:12:03,720 --> 00:12:05,080
Um

297
00:12:05,080 --> 00:12:08,800
but your property's got to have um

298
00:12:08,800 --> 00:12:11,480
these problems. Uh and so that needs to

299
00:12:11,480 --> 00:12:13,160
be established. That's the first thing

300
00:12:13,160 --> 00:12:15,160
that needs to be established

301
00:12:15,160 --> 00:12:18,270
to get um

302
00:12:18,280 --> 00:12:21,120
to get a variance. The second says,

303
00:12:21,120 --> 00:12:22,840
"The hardship results from conditions

304
00:12:22,840 --> 00:12:25,200
that are peculiar to the property, such

305
00:12:25,200 --> 00:12:27,880
as location, size, or topography.

306
00:12:27,880 --> 00:12:29,480
Hardships resulting from personal

307
00:12:29,480 --> 00:12:32,040
circumstances, as well as hardships

308
00:12:32,040 --> 00:12:34,080
resulting from conditions that are

309
00:12:34,080 --> 00:12:35,400
common to the neighborhood or the

310
00:12:35,400 --> 00:12:37,760
general public may not be the basis for

311
00:12:37,760 --> 00:12:40,760
granting a variance."

312
00:12:40,760 --> 00:12:42,720
And the third factor says, "The hardship

313
00:12:42,720 --> 00:12:44,760
did not result from actions taken by the

314
00:12:44,760 --> 00:12:47,800
applicant or the property owner. The act

315
00:12:47,800 --> 00:12:49,520
of purchasing property with knowledge

316
00:12:49,520 --> 00:12:51,839
that circumstances exist that may

317
00:12:51,839 --> 00:12:54,200
justify the granting of the variance

318
00:12:54,200 --> 00:12:56,560
shall not be regarded as a self-created

319
00:12:56,560 --> 00:12:58,560
hardship."

320
00:12:58,560 --> 00:13:00,480
And then the last one, D, the fourth

321
00:13:00,480 --> 00:13:01,400
one.

322
00:13:01,400 --> 00:13:03,040
Um

323
00:13:03,040 --> 00:13:04,360
I think I read earlier it says, "The

324
00:13:04,360 --> 00:13:06,000
requested variance is consistent with

325
00:13:06,000 --> 00:13:08,200
the spirit, purpose, and intent of the

326
00:13:08,200 --> 00:13:10,800
regulations such that public safety is

327
00:13:10,800 --> 00:13:13,280
secure and substantial justice

328
00:13:13,280 --> 00:13:14,680
achieved."

329
00:13:14,680 --> 00:13:15,960
And then the last is tacked on,

330
00:13:15,960 --> 00:13:18,080
"Substantial justice is not achieved or

331
00:13:18,080 --> 00:13:20,200
granting of the variance would be

332
00:13:20,200 --> 00:13:22,480
injurious to the neighborhood or to the

333
00:13:22,480 --> 00:13:29,870
general welfare."

334
00:13:29,880 --> 00:13:33,520
» Our usual routine is to swear everybody

335
00:13:33,520 --> 00:13:35,280
that's going to be testifying all at one

336
00:13:35,280 --> 00:13:36,360
time.

337
00:13:36,360 --> 00:13:37,880
So, everybody that's planning on

338
00:13:37,880 --> 00:13:39,720
testifying, please come over to Ms.

339
00:13:39,720 --> 00:13:42,440
Miller and she will swear in everybody

340
00:13:42,440 --> 00:13:58,399
at the same time.

341
00:13:58,409 --> 00:14:13,430
» [clears throat]

342
00:14:13,440 --> 00:14:14,840
» Mr. Swearingen, you're the property

343
00:14:14,840 --> 00:14:16,320
owner. I know there're going to be

344
00:14:16,320 --> 00:14:18,000
questions for you, but do you mind being

345
00:14:18,000 --> 00:14:33,750
sworn in?

346
00:14:33,760 --> 00:14:39,150
Thank you, sir.

347
00:14:39,160 --> 00:14:41,240
When someone applies for a variance, the

348
00:14:41,240 --> 00:14:43,720
Planning and Inspections Office prepares

349
00:14:43,720 --> 00:14:45,839
what's called a staff report. It's a

350
00:14:45,839 --> 00:14:47,720
type up of what their understanding is

351
00:14:47,720 --> 00:14:48,880
about

352
00:14:48,880 --> 00:14:51,240
what the applicant wants to do, and then

353
00:14:51,240 --> 00:14:53,240
includes with it

354
00:14:53,240 --> 00:14:56,680
um any drawings, pictures, um or

355
00:14:56,680 --> 00:14:58,280
materials that the applicant has

356
00:14:58,280 --> 00:15:00,400
provided to the Planning and Inspections

357
00:15:00,400 --> 00:15:01,600
Office.

358
00:15:01,600 --> 00:15:04,360
Um a copy of that staff report is sent

359
00:15:04,360 --> 00:15:05,839
to the board,

360
00:15:05,839 --> 00:15:07,720
and it's sent to

361
00:15:07,720 --> 00:15:09,400
the applicant. Mr. Swearingen, did you

362
00:15:09,400 --> 00:15:10,680
get your

363
00:15:10,680 --> 00:15:13,640
a copy of the staff report? Okay.

364
00:15:13,640 --> 00:15:15,920
That was put together by

365
00:15:15,920 --> 00:15:17,600
the town.

366
00:15:17,600 --> 00:15:19,640
Um

367
00:15:19,640 --> 00:15:22,840
and they they are a party to this case

368
00:15:22,840 --> 00:15:25,040
here, the other party to this case.

369
00:15:25,040 --> 00:15:26,720
Um

370
00:15:26,720 --> 00:15:29,000
if this was ever appealed, it would read

371
00:15:29,000 --> 00:15:30,000
um

372
00:15:30,000 --> 00:15:31,880
Fred Serrati versus the town of

373
00:15:31,880 --> 00:15:34,360
Wallerang. So,

374
00:15:34,360 --> 00:15:38,070
um

375
00:15:38,080 --> 00:15:39,960
they put it together. They are, so to

376
00:15:39,960 --> 00:15:42,880
speak, kind of your opponent here.

377
00:15:42,880 --> 00:15:44,520
Your polite opponent.

378
00:15:44,520 --> 00:15:45,400
Um

379
00:15:45,400 --> 00:15:47,000
are do you object to any part of the

380
00:15:47,000 --> 00:15:49,520
staff report that they put together? No.

381
00:15:49,520 --> 00:15:53,150
Okay.

382
00:15:53,160 --> 00:15:56,840
Board members even want to see

383
00:15:56,840 --> 00:16:07,910
the staff report.

384
00:16:07,920 --> 00:16:10,040
All right. Generally, we start with what

385
00:16:10,040 --> 00:16:13,320
the town knows about this case.

386
00:16:13,320 --> 00:16:15,000
Um

387
00:16:15,000 --> 00:16:16,760
and

388
00:16:16,760 --> 00:16:18,280
Mr. Serrati, do you mind if the town

389
00:16:18,280 --> 00:16:19,080
goes first?

390
00:16:19,080 --> 00:16:19,400
>> you go first.

391
00:16:19,400 --> 00:16:21,760
>> If you really want to go first, you can.

392
00:16:21,760 --> 00:16:24,400
That's okay. Okay. All right. So, Mr.

393
00:16:24,400 --> 00:16:28,150
Johnson, are you going to

394
00:16:28,160 --> 00:16:29,680
take care of that?

395
00:16:29,680 --> 00:16:31,681
>> Yes, sir.

396
00:16:31,681 --> 00:16:32,520
>> [clears throat]

397
00:16:32,520 --> 00:16:43,030
>> Mr. Chairman, Board, um

398
00:16:43,040 --> 00:16:45,560
staff report for variance number

399
00:16:45,560 --> 00:16:48,670
2026-03.

400
00:16:48,680 --> 00:16:49,360
Uh

401
00:16:49,360 --> 00:16:50,680
I've finished

402
00:16:50,680 --> 00:16:52,720
Fred and Sandy Serrati. Fred is here,

403
00:16:52,720 --> 00:16:53,800
obviously.

404
00:16:53,800 --> 00:16:56,960
Uh 369 Terry Acres. It It is zoned R-15

405
00:16:56,960 --> 00:17:00,600
single-family property in reference.

406
00:17:00,600 --> 00:17:01,960
Um

407
00:17:01,960 --> 00:17:04,480
just for y'all's reference,

408
00:17:04,480 --> 00:17:08,230
this is the property in question here.

409
00:17:08,240 --> 00:17:09,880
Terry [clears throat] Acres, 369 Terry

410
00:17:09,880 --> 00:17:11,636
Acres.

411
00:17:11,636 --> 00:17:11,800
>> [snorts]

412
00:17:11,800 --> 00:17:13,199
>> Uh

413
00:17:13,199 --> 00:17:14,880
Fred and Sandy Serrati are requesting a

414
00:17:14,880 --> 00:17:16,720
setback variance from

415
00:17:16,720 --> 00:17:18,800
land Ordinance Section

416
00:17:18,800 --> 00:17:21,720
16-12.4

417
00:17:21,720 --> 00:17:23,839
and the applicable 12-ft side setback

418
00:17:23,839 --> 00:17:26,240
along the western property line

419
00:17:26,240 --> 00:17:27,600
for the construction of an accessory

420
00:17:27,600 --> 00:17:28,667
building.

421
00:17:28,667 --> 00:17:29,200
>> [clears throat]

422
00:17:29,200 --> 00:17:31,200
>> Property is located at 369 Terry Acres

423
00:17:31,200 --> 00:17:32,640
and further identified by the Town of

424
00:17:32,640 --> 00:17:34,040
Blowing Rock PIN

425
00:17:34,040 --> 00:17:37,000
2817-43

426
00:17:37,000 --> 00:17:39,400
-7159

427
00:17:39,400 --> 00:17:41,840
000.

428
00:17:41,840 --> 00:17:44,400
Again, the property is owned

429
00:17:44,400 --> 00:17:47,400
uh R-15 single family.

430
00:17:47,400 --> 00:17:49,040
>> I get May I interrupt you? Are you

431
00:17:49,040 --> 00:17:51,240
reading from the same typed

432
00:17:51,240 --> 00:17:52,480
first page that we all got?

433
00:17:52,480 --> 00:17:53,080
>> Yes, sir.

434
00:17:53,080 --> 00:17:54,640
>> You're You're bouncing back and forth.

435
00:17:54,640 --> 00:17:57,880
Could you start from the top and and get

436
00:17:57,880 --> 00:17:58,320
to the end?

437
00:17:58,320 --> 00:18:00,360
>> I'll I'll start in the background. It's

438
00:18:00,360 --> 00:18:01,240
the same thing.

439
00:18:01,240 --> 00:18:03,382
>> Okay.

440
00:18:03,382 --> 00:18:03,400
>> [clears throat]

441
00:18:03,400 --> 00:18:06,560
>> So, Fred and Sandy are requesting a 2-ft

442
00:18:06,560 --> 00:18:08,480
setback variance.

443
00:18:08,480 --> 00:18:10,320
This is from the applicable 12-ft side

444
00:18:10,320 --> 00:18:11,840
setback

445
00:18:11,840 --> 00:18:14,240
along the western property line

446
00:18:14,240 --> 00:18:15,920
uh for the construction of an accessory

447
00:18:15,920 --> 00:18:17,840
building. Um

448
00:18:17,840 --> 00:18:19,560
The accessory building

449
00:18:19,560 --> 00:18:21,080
uh dimension is

450
00:18:21,080 --> 00:18:23,840
11-ft 8-in wide

451
00:18:23,840 --> 00:18:26,840
by 13-ft 8-in long

452
00:18:26,840 --> 00:18:29,080
and is located on the western

453
00:18:29,080 --> 00:18:31,560
side of the existing house

454
00:18:31,560 --> 00:18:33,000
which is on this side here. It's to the

455
00:18:33,000 --> 00:18:35,800
western property line.

456
00:18:35,800 --> 00:18:36,920
This

457
00:18:36,920 --> 00:18:38,720
accessory building sits about right here

458
00:18:38,720 --> 00:18:43,982
in this location.

459
00:18:43,992 --> 00:18:44,320
» [clears throat]

460
00:18:44,320 --> 00:18:46,160
>> A little bit of background.

461
00:18:46,160 --> 00:18:50,360
In March 2026, Mr. Kevin Rothrock

462
00:18:50,360 --> 00:18:53,000
Town of Blowing Rock Planning Director

463
00:18:53,000 --> 00:18:53,818
and

464
00:18:53,818 --> 00:18:53,960
>> [clears throat]

465
00:18:53,960 --> 00:18:55,480
>> myself as Zoning Enforcement Officer

466
00:18:55,480 --> 00:18:56,800
with the town

467
00:18:56,800 --> 00:18:58,280
made a site visit to Mr. Swerid's

468
00:18:58,280 --> 00:19:00,560
property

469
00:19:00,560 --> 00:19:03,080
to assess possible work without permits.

470
00:19:03,080 --> 00:19:05,320
It was found that several areas

471
00:19:05,320 --> 00:19:06,920
of improvement have been constructed

472
00:19:06,920 --> 00:19:08,960
that would have required a permit, um

473
00:19:08,960 --> 00:19:10,120
which is

474
00:19:10,120 --> 00:19:12,880
the accessory building

475
00:19:12,880 --> 00:19:14,000
um

476
00:19:14,000 --> 00:19:16,400
that's on the property now.

477
00:19:16,400 --> 00:19:17,760
Mr. Rothrock [clears throat] contacted

478
00:19:17,760 --> 00:19:19,200
Mr. Shreddy and advised him that a

479
00:19:19,200 --> 00:19:21,520
zoning permit was required

480
00:19:21,520 --> 00:19:23,720
for the work that had been done. Um at

481
00:19:23,720 --> 00:19:26,080
the time at this time

482
00:19:26,080 --> 00:19:27,520
it was just a foundation for the

483
00:19:27,520 --> 00:19:29,080
accessory building. The building hadn't

484
00:19:29,080 --> 00:19:31,040
been built yet. So, all was there was

485
00:19:31,040 --> 00:19:32,280
the pad

486
00:19:32,280 --> 00:19:33,880
um

487
00:19:33,880 --> 00:19:35,280
the foundation for the accessory

488
00:19:35,280 --> 00:19:37,800
building.

489
00:19:37,800 --> 00:19:38,760
Mr.

490
00:19:38,760 --> 00:19:40,040
Rothrock [clears throat] informed

491
00:19:40,040 --> 00:19:41,480
him that the work for a proposed

492
00:19:41,480 --> 00:19:43,440
accessory building structure

493
00:19:43,440 --> 00:19:45,240
uh at the time would encroach into the

494
00:19:45,240 --> 00:19:47,240
side setback in place would need to be

495
00:19:47,240 --> 00:19:49,840
set at an angle and offset on the re-

496
00:19:49,840 --> 00:19:51,480
train retaining structure to meet the

497
00:19:51,480 --> 00:19:53,680
12-ft setback.

498
00:19:53,680 --> 00:19:59,000
The structure that was there was

499
00:19:59,000 --> 00:20:01,400
determined to be a retaining wall in

500
00:20:01,400 --> 00:20:03,440
nature or retaining pad.

501
00:20:03,440 --> 00:20:04,640
So,

502
00:20:04,640 --> 00:20:08,360
a determination was made to allow

503
00:20:08,360 --> 00:20:10,520
the wall as it was, but what Mr.

504
00:20:10,520 --> 00:20:13,920
Rothrock had advised him is that at the accessory building would need to be

505
00:20:13,920 --> 00:20:15,680
turned on the pad

506
00:20:15,680 --> 00:20:17,840
to meet the 12-ft setback.

507
00:20:17,840 --> 00:20:19,800
So, the pictures you have in your packet

508
00:20:19,800 --> 00:20:21,240
are several pictures

509
00:20:21,240 --> 00:20:27,120
that Mr. Shreddy has included in the packet. They're showing

510
00:20:27,120 --> 00:20:33,200
and we can go over them showing where the property line is in relation

511
00:20:33,200 --> 00:20:34,640
to the building and where it goes

512
00:20:34,640 --> 00:20:38,609
through and where the encroachment is.

513
00:20:38,619 --> 00:20:40,750
» [clears throat]

514
00:20:40,760 --> 00:20:42,680
» Moving ahead, Mr. Shreddy applied for a

515
00:20:42,680 --> 00:20:44,640
zoning permit application

516
00:20:44,640 --> 00:20:46,480
on April 6th,

517
00:20:46,480 --> 00:20:48,600
2026.

518
00:20:48,600 --> 00:20:50,800
And subsequently a zoning permit was

519
00:20:50,800 --> 00:20:55,360
issued on June 24th, 2026.

520
00:20:55,360 --> 00:20:56,880
While the zoning permit was issued in

521
00:20:56,880 --> 00:20:58,200
June,

522
00:20:58,200 --> 00:21:00,720
Mr. Shreddy submitted a site plan, which

523
00:21:00,720 --> 00:21:02,600
is included in your packet,

524
00:21:02,600 --> 00:21:05,200
showing the proposed building structure

525
00:21:05,200 --> 00:21:06,880
and the footprint that it would meet to

526
00:21:06,880 --> 00:21:13,979
require 12-ft setback.

527
00:21:13,989 --> 00:21:14,120
» [clears throat]

528
00:21:14,120 --> 00:21:15,800
>> During that time, Mr. Rothrock had made

529
00:21:15,800 --> 00:21:17,120
it clear that the structure would need

530
00:21:17,120 --> 00:21:20,200
to meet that side 12-ft setback.

531
00:21:20,200 --> 00:21:21,720
Mr. Sradi contacted the planning

532
00:21:21,720 --> 00:21:23,280
inspection office

533
00:21:23,280 --> 00:21:24,760
and indicated the structure had been

534
00:21:24,760 --> 00:21:27,120
built

535
00:21:27,120 --> 00:21:29,120
and the left rear corner encroached 18

536
00:21:29,120 --> 00:21:33,990
in or so into the setback.

537
00:21:34,000 --> 00:21:35,560
At that time,

538
00:21:35,560 --> 00:21:36,960
Mr. [clears throat] Johnson, myself, had

539
00:21:36,960 --> 00:21:38,840
advised Mr. Sradi

540
00:21:38,840 --> 00:21:40,040
that the building structure would need

541
00:21:40,040 --> 00:21:42,360
to be moved on the pad or removed out of

542
00:21:42,360 --> 00:21:44,120
the setback.

543
00:21:44,120 --> 00:21:47,240
On July 2nd, 2026, Mr. H.E. Weathers, I

544
00:21:47,240 --> 00:21:48,560
apologize but I don't know his first

545
00:21:48,560 --> 00:21:49,600
name,

546
00:21:49,600 --> 00:21:51,920
um met with staff in the office to

547
00:21:51,920 --> 00:21:54,360
determine options for Mr. Sradi

548
00:21:54,360 --> 00:21:55,760
and staff once again advised the

549
00:21:55,760 --> 00:21:57,680
structure would need to meet the side

550
00:21:57,680 --> 00:22:00,160
move to meet the side setback.

551
00:22:00,160 --> 00:22:02,280
And Mr. Weathers at the time decided

552
00:22:02,280 --> 00:22:03,240
that they wanted to apply for the

553
00:22:03,240 --> 00:22:04,600
variance

554
00:22:04,600 --> 00:22:06,440
to discuss and and possibly apply for

555
00:22:06,440 --> 00:22:08,600
the the variance

556
00:22:08,600 --> 00:22:10,960
to allow the encroachment.

557
00:22:10,960 --> 00:22:13,560
Be glad to go through

558
00:22:13,560 --> 00:22:16,480
any clarification on this background.

559
00:22:16,480 --> 00:22:18,040
Be glad to look at any of the photos. I

560
00:22:18,040 --> 00:22:20,360
can pull them up as well to

561
00:22:20,360 --> 00:22:22,280
clarify anything on those and and Mr.

562
00:22:22,280 --> 00:22:24,480
Sradi may be able to answer or the two

563
00:22:24,480 --> 00:22:26,520
gentlemen may be able to answer more

564
00:22:26,520 --> 00:22:31,590
on the photos that were submitted.

565
00:22:31,600 --> 00:22:33,840
» Um Mr. Sradi,

566
00:22:33,840 --> 00:22:34,200
do [clears throat] you have any

567
00:22:34,200 --> 00:22:41,070
questions for Mr. Johnson?

568
00:22:41,080 --> 00:22:42,360
» I'm sorry.

569
00:22:42,360 --> 00:22:43,600
>> Did you have any questions for Mr.

570
00:22:43,600 --> 00:22:44,200
Johnson?

571
00:22:44,200 --> 00:22:47,920
>> Well, I mean I I just want to make this

572
00:22:47,920 --> 00:22:50,400
clarification in fact. Um with respect

573
00:22:50,400 --> 00:22:52,880
to the permit and everything else, other

574
00:22:52,880 --> 00:22:53,920
than

575
00:22:53,920 --> 00:22:56,120
what we've talked about today,

576
00:22:56,120 --> 00:22:57,320
I

577
00:22:57,320 --> 00:22:59,880
when that two-page report came out, that

578
00:22:59,880 --> 00:23:01,760
was the first I knew that I could get

579
00:23:01,760 --> 00:23:03,760
her permit after the fact.

580
00:23:03,760 --> 00:23:05,400
And everything else we did out of the

581
00:23:05,400 --> 00:23:06,720
property.

582
00:23:06,720 --> 00:23:08,360
So, but I didn't think that really

583
00:23:08,360 --> 00:23:12,470
pertained to this particular

584
00:23:12,480 --> 00:23:14,680
» I tell you what, after after we finish

585
00:23:14,680 --> 00:23:16,880
with him

586
00:23:16,880 --> 00:23:19,400
then I want you, please, to present your

587
00:23:19,400 --> 00:23:20,360
case.

588
00:23:20,360 --> 00:23:22,240
>> Okay, I'm just stating I'm just I'm

589
00:23:22,240 --> 00:23:24,400
trying to be truthful here. I did not

590
00:23:24,400 --> 00:23:25,880
know that I got a

591
00:23:25,880 --> 00:23:27,600
permit and

592
00:23:27,600 --> 00:23:29,200
it's something I didn't apply for.

593
00:23:29,200 --> 00:23:31,480
>> Okay. We want to hear

594
00:23:31,480 --> 00:23:32,520
>> Okay, so that's all

595
00:23:32,520 --> 00:23:34,560
>> We want to hear your whole

596
00:23:34,560 --> 00:23:36,000
>> Yeah, that's a sidebar as far as I'm

597
00:23:36,000 --> 00:23:37,720
concerned, but I just

598
00:23:37,720 --> 00:23:38,480
want to

599
00:23:38,480 --> 00:23:38,880
>> Okay.

600
00:23:38,880 --> 00:23:41,640
>> want to be clear that

601
00:23:41,640 --> 00:23:43,600
that's the first time I heard about that

602
00:23:43,600 --> 00:23:45,080
was when you wrote up the newspaper

603
00:23:45,080 --> 00:23:47,550
report.

604
00:23:47,560 --> 00:23:49,520
» Okay, I'm I'm closing on that, but we'll

605
00:23:49,520 --> 00:23:51,520
get we'll get to you in a minute. Do you

606
00:23:51,520 --> 00:23:53,520
have any questions of Mr. Johnson?

607
00:23:53,520 --> 00:23:54,240
>> No.

608
00:23:54,240 --> 00:23:55,280
>> Okay.

609
00:23:55,280 --> 00:23:56,280
Um

610
00:23:56,280 --> 00:23:57,600
I've got a number of questions. Any

611
00:23:57,600 --> 00:23:59,400
board member have any questions of Mr.

612
00:23:59,400 --> 00:24:01,480
Johnson? Let's see, Mr. Walker showed

613
00:24:01,480 --> 00:24:03,960
up. Go ahead.

614
00:24:03,960 --> 00:24:06,000
>> Any certain pages you want me to roll

615
00:24:06,000 --> 00:24:07,000
through the staff report here?

616
00:24:07,000 --> 00:24:09,600
>> One, I don't think that I received in

617
00:24:09,600 --> 00:24:11,200
the packet but

618
00:24:11,200 --> 00:24:12,600
the permit [clears throat] application

619
00:24:12,600 --> 00:24:15,920
showing the building meeting the zone

620
00:24:15,920 --> 00:24:16,760
codes.

621
00:24:16,760 --> 00:24:18,640
I might not have we get that?

622
00:24:18,640 --> 00:24:20,400
>> Yeah, that one is in there.

623
00:24:20,400 --> 00:24:23,600
>> You mentioned that as part of the permit application

624
00:24:23,600 --> 00:24:26,000
there was a

625
00:24:26,000 --> 00:24:27,160
document presented.

626
00:24:27,160 --> 00:24:28,600
>> plan that showed the building in

627
00:24:28,600 --> 00:24:32,430
compliance with the zoning set.

628
00:24:32,440 --> 00:24:35,280
» Yeah, it should should have been right after your

629
00:24:35,280 --> 00:24:37,080
application

630
00:24:37,080 --> 00:24:38,600
in the back.

631
00:24:38,600 --> 00:24:40,240
>> Hey, you have it up on the screen in a

632
00:24:40,240 --> 00:24:41,200
minute.

633
00:24:41,200 --> 00:24:52,190
>> Yeah.

634
00:24:52,200 --> 00:24:53,680
Right, that shows it not meeting the

635
00:24:53,680 --> 00:24:55,320
setback, doesn't it?

636
00:24:55,320 --> 00:24:58,080
>> You're talking about the original permit

637
00:24:58,080 --> 00:25:00,440
Request that I wrote up in April.

638
00:25:00,440 --> 00:25:01,240
>> In April.

639
00:25:01,240 --> 00:25:19,950
>> Yeah.

640
00:25:19,960 --> 00:25:21,120
» Would you want me to make copies of

641
00:25:21,120 --> 00:25:21,720
this?

642
00:25:21,720 --> 00:25:25,870
>> I'll make

643
00:25:25,880 --> 00:25:28,280
So, this My apologies. This was in the

644
00:25:28,280 --> 00:25:30,440
zoning permit

645
00:25:30,440 --> 00:25:33,120
file that Mr. Stready had submitted.

646
00:25:33,120 --> 00:25:35,640
Um

647
00:25:35,640 --> 00:25:37,040
That's That's different than what you

648
00:25:37,040 --> 00:25:38,680
see here. Let me make a copy and you can

649
00:25:38,680 --> 00:25:40,040
take a look at that one. That That one

650
00:25:40,040 --> 00:25:42,360
was in the actual zoning with the zoning

651
00:25:42,360 --> 00:25:44,000
permit application.

652
00:25:44,000 --> 00:25:46,640
>> And um in March, what prompted the

653
00:25:46,640 --> 00:25:48,840
property visit?

654
00:25:48,840 --> 00:25:51,320
>> Um

655
00:25:51,320 --> 00:25:53,160
we received a call that they'd been

656
00:25:53,160 --> 00:25:54,760
working on. And I think Kevin may

657
00:25:54,760 --> 00:25:58,000
actually have been by the site as well.

658
00:25:58,000 --> 00:25:58,320
>> Um

659
00:25:58,320 --> 00:25:59,360
>> It was about the same time you were

660
00:25:59,360 --> 00:26:00,400
submitting the application on my

661
00:26:00,400 --> 00:26:02,280
property somewhere. So,

662
00:26:02,280 --> 00:26:03,800
I'm not sure that We We've got other

663
00:26:03,800 --> 00:26:05,480
projects that went on up in the area as

664
00:26:05,480 --> 00:26:07,160
well.

665
00:26:07,160 --> 00:26:09,080
>> Um [clears throat] and in March, I'm I'm

666
00:26:09,080 --> 00:26:10,240
just trying to

667
00:26:10,240 --> 00:26:12,480
get some more detail. In March, you said

668
00:26:12,480 --> 00:26:14,640
there were other projects going on that

669
00:26:14,640 --> 00:26:18,120
would have required permits. Is that

670
00:26:18,120 --> 00:26:20,240
beyond the [clears throat] the the shed?

671
00:26:20,240 --> 00:26:21,480
>> Um

672
00:26:21,480 --> 00:26:24,800
So, the site visit was to determine when

673
00:26:24,800 --> 00:26:26,200
he Kevin went out to determine what

674
00:26:26,200 --> 00:26:27,880
needed permits.

675
00:26:27,880 --> 00:26:30,360
And he come back to

676
00:26:30,360 --> 00:26:31,640
um

677
00:26:31,640 --> 00:26:32,840
that the accessory building needed a

678
00:26:32,840 --> 00:26:33,480
permit.

679
00:26:33,480 --> 00:26:36,360
>> Okay. And how was it determined that

680
00:26:36,360 --> 00:26:38,640
the

681
00:26:38,640 --> 00:26:40,760
foundation of the accessory building is

682
00:26:40,760 --> 00:26:43,458
a is a retaining wall?

683
00:26:43,458 --> 00:26:44,120
>> [clears throat]

684
00:26:44,120 --> 00:26:46,360
>> So, when it was built at the time, I

685
00:26:46,360 --> 00:26:47,600
mean, it were it was basically a

686
00:26:47,600 --> 00:26:52,840
retaining wall for the pad. So, we determined that that was basically a

687
00:26:52,840 --> 00:26:53,960
retaining wall.

688
00:26:53,960 --> 00:26:55,520
>> Yes.

689
00:26:55,520 --> 00:26:57,200
Cuz they they've got a they've got a

690
00:26:57,200 --> 00:26:59,360
little patio in the front.

691
00:26:59,360 --> 00:27:01,720
Um and then and you may have seen that

692
00:27:01,720 --> 00:27:02,640
when you rode by.

693
00:27:02,640 --> 00:27:03,440
>> I did.

694
00:27:03,440 --> 00:27:04,480
>> Um

695
00:27:04,480 --> 00:27:05,680
that there was some retaining walls

696
00:27:05,680 --> 00:27:08,280
associated with that as well.

697
00:27:08,280 --> 00:27:10,320
>> Doesn't a retaining wall that height

698
00:27:10,320 --> 00:27:13,720
require engineering studies?

699
00:27:13,720 --> 00:27:14,360
A lot of

700
00:27:14,360 --> 00:27:17,080
>> If it's over it's over 4 ft tall.

701
00:27:17,080 --> 00:27:17,400
>> Yes.

702
00:27:17,400 --> 00:27:19,120
>> It is over 4 ft.

703
00:27:19,120 --> 00:27:20,200
>> We we have [clears throat] to determine

704
00:27:20,200 --> 00:27:22,280
that. We'll determine if it is. And

705
00:27:22,280 --> 00:27:24,240
there may be we can have this discussion

706
00:27:24,240 --> 00:27:26,240
at uh

707
00:27:26,240 --> 00:27:28,280
through this is

708
00:27:28,280 --> 00:27:30,760
at the time Mr. Shretty was looking at a

709
00:27:30,760 --> 00:27:33,320
10 by 12 that's what he expected of the

710
00:27:33,320 --> 00:27:34,720
building to be.

711
00:27:34,720 --> 00:27:36,920
And the actual size is

712
00:27:36,920 --> 00:27:37,880
uh

713
00:27:37,880 --> 00:27:39,880
one dimension is 13 ft. So any any

714
00:27:39,880 --> 00:27:42,000
building that's over 12 ft typically

715
00:27:42,000 --> 00:27:44,200
requires a building permit. So that's

716
00:27:44,200 --> 00:27:45,920
something we'll have to address to see

717
00:27:45,920 --> 00:27:48,520
what the exact dimension is.

718
00:27:48,520 --> 00:27:50,240
Minus some overhangs from the building

719
00:27:50,240 --> 00:27:51,560
code's standpoint they don't include

720
00:27:51,560 --> 00:27:52,720
those sometimes. So we've got to make a

721
00:27:52,720 --> 00:27:54,280
determination

722
00:27:54,280 --> 00:27:56,000
outside of this whether building permits

723
00:27:56,000 --> 00:27:57,600
are required or not. Now that will be

724
00:27:57,600 --> 00:27:58,280
determined.

725
00:27:58,280 --> 00:27:58,640
>> Okay.

726
00:27:58,640 --> 00:28:00,400
>> And just part of that discussion may be

727
00:28:00,400 --> 00:28:01,760
the retaining wall as well in the height

728
00:28:01,760 --> 00:28:02,560
there.

729
00:28:02,560 --> 00:28:10,110
>> Um

730
00:28:10,120 --> 00:28:11,760
And just timing I

731
00:28:11,760 --> 00:28:14,120
the permit was issued

732
00:28:14,120 --> 00:28:15,240
June 24th.

733
00:28:15,240 --> 00:28:16,320
>> That's correct.

734
00:28:16,320 --> 00:28:18,560
>> Was the building already built?

735
00:28:18,560 --> 00:28:19,720
>> So

736
00:28:19,720 --> 00:28:21,600
when uh

737
00:28:21,600 --> 00:28:23,280
when me and Kevin investigated just like

738
00:28:23,280 --> 00:28:25,280
you again going back the foundation

739
00:28:25,280 --> 00:28:27,200
retaining part and and the patio stuff

740
00:28:27,200 --> 00:28:28,680
had been built.

741
00:28:28,680 --> 00:28:30,920
And that's when it was advised advised

742
00:28:30,920 --> 00:28:32,600
he needed a permit which was submitted

743
00:28:32,600 --> 00:28:35,240
in you know, the first week of April.

744
00:28:35,240 --> 00:28:37,920
And there was a time lapse of June which

745
00:28:37,920 --> 00:28:40,680
on staff's part that was our our was our

746
00:28:40,680 --> 00:28:41,880
fault.

747
00:28:41,880 --> 00:28:43,440
Um

748
00:28:43,440 --> 00:28:45,320
but we still maintain what he submitted

749
00:28:45,320 --> 00:28:47,320
in his zoning application

750
00:28:47,320 --> 00:28:49,160
It 10 by 12.

751
00:28:49,160 --> 00:28:51,960
And it was going to be 12 by 12.

752
00:28:51,960 --> 00:28:54,160
So, when I sent the zoning permit then

753
00:28:54,160 --> 00:28:55,800
Mr. Schrader called right away. He was

754
00:28:55,800 --> 00:28:57,640
like, "Hey,

755
00:28:57,640 --> 00:28:59,400
it's been built.

756
00:28:59,400 --> 00:29:00,680
I'm not aware of it. I know there was a

757
00:29:00,680 --> 00:29:02,840
lapse in the zoning permit."

758
00:29:02,840 --> 00:29:06,000
>> And just Sorry to come back to this, but

759
00:29:06,000 --> 00:29:08,760
how or when will it be determined if the

760
00:29:08,760 --> 00:29:11,120
if it is a retaining wall?

761
00:29:11,120 --> 00:29:12,600
Again, I thought you had to have

762
00:29:12,600 --> 00:29:14,400
engineering studies, all kinds of stuff

763
00:29:14,400 --> 00:29:16,040
for a retaining wall of that height.

764
00:29:16,040 --> 00:29:18,040
>> If if it's over a certain height, yes,

765
00:29:18,040 --> 00:29:18,520
you do.

766
00:29:18,520 --> 00:29:20,960
>> Which I mean, it's 4 ft

767
00:29:20,960 --> 00:29:23,000
at least from my observation.

768
00:29:23,000 --> 00:29:23,800
>> I don't know how tall that wall is. I'm

769
00:29:23,800 --> 00:29:25,040
not sure.

770
00:29:25,040 --> 00:29:27,480
>> So, what happens if those

771
00:29:27,480 --> 00:29:28,840
studies were not done?

772
00:29:28,840 --> 00:29:30,480
>> If if if if it's over the height, then

773
00:29:30,480 --> 00:29:32,280
it may require him to obtain us an

774
00:29:32,280 --> 00:29:41,750
engineer to make sure it's built right.

775
00:29:41,760 --> 00:29:42,960
» Okay.

776
00:29:42,960 --> 00:29:45,080
I'm still fuzzy on the retaining wall

777
00:29:45,080 --> 00:29:47,480
and the pad.

778
00:29:47,480 --> 00:29:49,360
Tell us again what

779
00:29:49,360 --> 00:29:50,790
Tell me more about that. Just

780
00:29:50,790 --> 00:29:51,960
[clears throat] repeat repeat what you

781
00:29:51,960 --> 00:29:53,760
said about the retaining wall and the

782
00:29:53,760 --> 00:29:54,040
pad.

783
00:29:54,040 --> 00:29:56,160
>> So, when me and Mr. Rothrock was out

784
00:29:56,160 --> 00:29:59,520
there had been some some driveway work

785
00:29:59,520 --> 00:30:01,600
done. There was some some other

786
00:30:01,600 --> 00:30:04,400
retaining walls associated with it

787
00:30:04,400 --> 00:30:11,840
that included a patio out front. And we didn't know what the ultimate use was, being

788
00:30:11,840 --> 00:30:14,040
accessory building or not.

789
00:30:14,040 --> 00:30:16,160
You you can build a retaining wall. A

790
00:30:16,160 --> 00:30:18,720
retaining wall can be in the setback.

791
00:30:18,720 --> 00:30:20,440
There's just height limitations within a

792
00:30:20,440 --> 00:30:22,040
setback. And typically, they're limited

793
00:30:22,040 --> 00:30:24,000
to 6 ft in height

794
00:30:24,000 --> 00:30:27,640
for a retaining wall. So, the way it sit there, we determined that

795
00:30:27,640 --> 00:30:28,920
was a

796
00:30:28,920 --> 00:30:30,560
retaining wall. It's sitting there and

797
00:30:30,560 --> 00:30:34,360
it's retaining the foundation for that.

798
00:30:34,360 --> 00:30:39,000
It's It's no different than him having a retaining wall built that's been there

799
00:30:39,000 --> 00:30:41,040
for years, and he can go build on top of

800
00:30:41,040 --> 00:30:42,320
it

801
00:30:42,320 --> 00:30:44,120
as long as the supporting is okay.

802
00:30:44,120 --> 00:30:45,520
>> Is what you're talking about showing the

803
00:30:45,520 --> 00:30:46,280
pictures?

804
00:30:46,280 --> 00:30:47,320
>> Um it

805
00:30:47,320 --> 00:31:01,790
>> Can you pull up a picture that shows us

806
00:31:01,800 --> 00:31:03,200
» Maybe the best way we can we can zoom

807
00:31:03,200 --> 00:31:05,461
out if you need to, but the

808
00:31:05,461 --> 00:31:08,230
>> [clears throat]

809
00:31:08,240 --> 00:31:10,680
» The first time we visited out there this

810
00:31:10,680 --> 00:31:15,120
was what was there not the structure.

811
00:31:15,120 --> 00:31:17,160
So, this is what was determined as a

812
00:31:17,160 --> 00:31:20,790
retaining wall.

813
00:31:20,800 --> 00:31:22,760
Now, going back going back to any height

814
00:31:22,760 --> 00:31:23,760
requirements

815
00:31:23,760 --> 00:31:25,320
>> But now it's the foundation for the

816
00:31:25,320 --> 00:31:26,320
accessory building.

817
00:31:26,320 --> 00:31:27,800
>> It's a building sitting on a retaining

818
00:31:27,800 --> 00:31:32,750
wall is the way we determined it.

819
00:31:32,760 --> 00:31:34,520
» Okay.

820
00:31:34,520 --> 00:31:36,080
>> And so, what what Mr. Shreder was

821
00:31:36,080 --> 00:31:37,960
advised was we determined this was a

822
00:31:37,960 --> 00:31:40,440
retaining wall cuz it it's attached to

823
00:31:40,440 --> 00:31:43,680
other patios up in this area here.

824
00:31:43,680 --> 00:31:45,200
To meet the setback, you you need to

825
00:31:45,200 --> 00:31:46,680
move the building on it to meet the

826
00:31:46,680 --> 00:31:47,920
setbacks actual structure of the

827
00:31:47,920 --> 00:31:49,400
accessory building

828
00:31:49,400 --> 00:31:50,640
to meet the setback.

829
00:31:50,640 --> 00:31:57,550
>> All right.

830
00:31:57,560 --> 00:32:00,120
Could that

831
00:32:00,120 --> 00:32:02,680
retaining wall stay there and and it

832
00:32:02,680 --> 00:32:05,560
be in compliance with the zoning rules?

833
00:32:05,560 --> 00:32:06,480
>> Sure.

834
00:32:06,480 --> 00:32:08,320
If it if it's under 6 ft in the setbacks

835
00:32:08,320 --> 00:32:09,120
>> Under 6 ft.

836
00:32:09,120 --> 00:32:10,640
>> Right.

837
00:32:10,640 --> 00:32:13,000
>> But the the little house

838
00:32:13,000 --> 00:32:16,350
the shed

839
00:32:16,360 --> 00:32:17,880
it's in the

840
00:32:17,880 --> 00:32:19,720
it is in the setback.

841
00:32:19,720 --> 00:32:21,000
>> Yeah.

842
00:32:21,000 --> 00:32:22,320
So, Mr. Shreder

843
00:32:22,320 --> 00:32:24,000
submitted these.

844
00:32:24,000 --> 00:32:25,560
This will give you a little clearer idea

845
00:32:25,560 --> 00:32:27,337
of what's in it.

846
00:32:27,337 --> 00:32:28,320
>> [snorts]

847
00:32:28,320 --> 00:32:29,760
>> And then he can correct me if I'm wrong

848
00:32:29,760 --> 00:32:32,320
during his presentation.

849
00:32:32,320 --> 00:32:35,800
This is where the property line

850
00:32:35,800 --> 00:32:37,520
angles into the structure there. And

851
00:32:37,520 --> 00:32:39,520
that's you'll see on

852
00:32:39,520 --> 00:32:40,240
uh

853
00:32:40,240 --> 00:32:41,680
the site plan that's in your packet

854
00:32:41,680 --> 00:32:42,840
there.

855
00:32:42,840 --> 00:32:45,600
It is is basically that minute section

856
00:32:45,600 --> 00:32:48,510
of the corner right

857
00:32:48,520 --> 00:32:51,320
Um and I think they determined it was

858
00:32:51,320 --> 00:32:52,800
it's about 18 inches or maybe some

859
00:32:52,800 --> 00:32:56,880
discretion on the eve

860
00:32:56,880 --> 00:32:59,240
of how much that's in it, but I

861
00:32:59,240 --> 00:33:00,360
you know, you're you're looking at about

862
00:33:00,360 --> 00:33:03,720
a 2-ft It starts at nothing here

863
00:33:03,720 --> 00:33:05,320
and goes back, you know, the back part

864
00:33:05,320 --> 00:33:07,040
of the back side would be 2 ft in it or

865
00:33:07,040 --> 00:33:08,880
so, 18 to 20

866
00:33:08,880 --> 00:33:12,310
24 inches or so.

867
00:33:12,320 --> 00:33:14,160
» Is that the eve of the building, the

868
00:33:14,160 --> 00:33:15,200
wall of the building?

869
00:33:15,200 --> 00:33:17,280
>> That That's the We we may have to ask

870
00:33:17,280 --> 00:33:20,680
the applicant. I'm I'm not sure. There may be some additional

871
00:33:20,680 --> 00:33:27,750
encroachment with the eve.

872
00:33:27,760 --> 00:33:28,720
» And your

873
00:33:28,720 --> 00:33:30,720
presentation says

874
00:33:30,720 --> 00:33:32,520
March you went up and looked at the

875
00:33:32,520 --> 00:33:33,880
property, then it says in the next

876
00:33:33,880 --> 00:33:35,800
paragraph Mr. Rothrock contacted Mr.

877
00:33:35,800 --> 00:33:37,200
Seretti and advised him that his zoning

878
00:33:37,200 --> 00:33:38,760
permit was required

879
00:33:38,760 --> 00:33:41,080
and that the building structure would

880
00:33:41,080 --> 00:33:42,600
encroach

881
00:33:42,600 --> 00:33:44,120
into the side setback and would need to

882
00:33:44,120 --> 00:33:46,200
be set at an angle. When When did that

883
00:33:46,200 --> 00:33:47,560
happen?

884
00:33:47,560 --> 00:33:49,680
>> Uh might have to let Kevin see if he's

885
00:33:49,680 --> 00:33:51,440
got his notes and see what time that

886
00:33:51,440 --> 00:33:51,840
was.

887
00:33:51,840 --> 00:33:54,240
>> It was between March and April 6th when

888
00:33:54,240 --> 00:33:55,480
the permit was

889
00:33:55,480 --> 00:33:56,840
>> Right.

890
00:33:56,840 --> 00:33:57,760
>> Okay.

891
00:33:57,760 --> 00:33:59,080
And the building had not been built

892
00:33:59,080 --> 00:33:59,960
then.

893
00:33:59,960 --> 00:34:02,080
>> As far as I know, no.

894
00:34:02,080 --> 00:34:03,600
I don't know anything

895
00:34:03,600 --> 00:34:05,480
We can enlighten you on when the actual

896
00:34:05,480 --> 00:34:07,400
building was was built. It was probably

897
00:34:07,400 --> 00:34:09,000
a process over time as well.

898
00:34:09,000 --> 00:34:11,560
>> And so and then in April

899
00:34:11,560 --> 00:34:14,480
a permit application was submitted

900
00:34:14,480 --> 00:34:16,600
showing the structure meet the 12-ft

901
00:34:16,600 --> 00:34:20,159
setback and Mr. Rothrock made it clear,

902
00:34:20,159 --> 00:34:21,600
I guess again

903
00:34:21,600 --> 00:34:22,840
that the structure would need to meet

904
00:34:22,840 --> 00:34:24,960
the setback. And that again was before

905
00:34:24,960 --> 00:34:26,760
the structure was built.

906
00:34:26,760 --> 00:34:27,440
>> Yes.

907
00:34:27,440 --> 00:34:33,310
>> Okay.

908
00:34:33,320 --> 00:34:35,720
So, you can't tell us

909
00:34:35,720 --> 00:34:38,600
if the retaining wall

910
00:34:38,600 --> 00:34:40,320
meets the zoning requirements and is

911
00:34:40,320 --> 00:34:41,760
short enough

912
00:34:41,760 --> 00:34:43,360
to be within the setback. You can't tell

913
00:34:43,360 --> 00:34:45,080
us tonight.

914
00:34:45,080 --> 00:34:47,320
>> Um

915
00:34:47,320 --> 00:34:49,840
These guys might

916
00:34:49,840 --> 00:34:50,639
They might have the highest

917
00:34:50,639 --> 00:34:51,520
>> What?

918
00:34:51,520 --> 00:34:52,360
>> There's a rule for that.

919
00:34:52,360 --> 00:34:53,000
>> What?

920
00:34:53,000 --> 00:34:54,560
>> Th- These These guys can probably

921
00:34:54,560 --> 00:34:56,560
enlighten us on what the the height of

922
00:34:56,560 --> 00:34:57,880
that is.

923
00:34:57,880 --> 00:34:58,680
There's [clears throat] a rule for that,

924
00:34:58,680 --> 00:35:00,720
but I don't know what the

925
00:35:00,720 --> 00:35:03,480
I don't know if we'd be able to tell.

926
00:35:03,480 --> 00:35:04,200
Um

927
00:35:04,200 --> 00:35:05,480
>> Mr. Johnson, why didn't you go out and

928
00:35:05,480 --> 00:35:07,400
measure it?

929
00:35:07,400 --> 00:35:09,760
>> I'm We're pretty sure it's under 6 ft

930
00:35:09,760 --> 00:35:11,240
there, though. That's why the

931
00:35:11,240 --> 00:35:13,480
determination was made it's a retaining

932
00:35:13,480 --> 00:35:14,960
wall and where it was at was fine in the

933
00:35:14,960 --> 00:35:16,640
setback.

934
00:35:16,640 --> 00:35:18,240
You can Kevin might can testify a little

935
00:35:18,240 --> 00:35:25,470
bit on what her height is over there.

936
00:35:25,480 --> 00:35:27,400
But that that height limitation is 6 ft

937
00:35:27,400 --> 00:35:28,880
in that setback.

938
00:35:28,880 --> 00:35:30,080
And I think if you look at that

939
00:35:30,080 --> 00:35:31,640
>> I think they are within the limits. We

940
00:35:31,640 --> 00:35:36,470
can ask these guys.

941
00:35:36,480 --> 00:35:39,680
» Probably pushing close to

942
00:35:39,680 --> 00:35:40,520
But we'd need to make that

943
00:35:40,520 --> 00:35:42,520
determination.

944
00:35:42,520 --> 00:35:44,120
>> And the building,

945
00:35:44,120 --> 00:35:45,640
have you gone out there and determined

946
00:35:45,640 --> 00:35:48,720
how much it encroaches in the setback?

947
00:35:48,720 --> 00:35:49,800
>> Yeah, that that's shown in these

948
00:35:49,800 --> 00:35:53,840
pictures and that's the request of 2 ft.

949
00:35:53,840 --> 00:35:55,760
But there's a there's a question on we

950
00:35:55,760 --> 00:35:57,520
can ask them how

951
00:35:57,520 --> 00:36:02,590
wide the leaves the eaves are.

952
00:36:02,600 --> 00:36:03,920
» Okay, but you haven't measured it

953
00:36:03,920 --> 00:36:05,720
yourself.

954
00:36:05,720 --> 00:36:06,840
Why not?

955
00:36:06,840 --> 00:36:08,920
>> It was never measured.

956
00:36:08,920 --> 00:36:09,720
>> You didn't want to?

957
00:36:09,720 --> 00:36:12,280
>> It was never measured. We We

958
00:36:12,280 --> 00:36:13,560
There was no They gave us the

959
00:36:13,560 --> 00:36:17,550
information right here and

960
00:36:17,560 --> 00:36:21,820
we we didn't measure it.

961
00:36:21,830 --> 00:36:32,470
» [clears throat]

962
00:36:32,480 --> 00:36:34,160
» Anybody else have any questions for Mr.

963
00:36:34,160 --> 00:36:38,510
Johnson?

964
00:36:38,520 --> 00:36:40,560
I've got a few questions

965
00:36:40,560 --> 00:36:45,510
for you.

966
00:36:45,520 --> 00:36:48,520
» I have one question.

967
00:36:48,520 --> 00:36:51,040
Mr. Johnson, the

968
00:36:51,040 --> 00:36:54,310
permit was a

969
00:36:54,320 --> 00:36:55,840
and was

970
00:36:55,840 --> 00:36:58,990
the fourth.

971
00:36:59,000 --> 00:37:00,520
When it was granted, the building had

972
00:37:00,520 --> 00:37:02,440
already been built.

973
00:37:02,440 --> 00:37:04,040
>> When the zoning permit was issued, yeah,

974
00:37:04,040 --> 00:37:06,120
it's already built.

975
00:37:06,120 --> 00:37:13,270
>> So, okay.

976
00:37:13,280 --> 00:37:14,560
» Is that all, Mr. Gibson?

977
00:37:14,560 --> 00:37:15,520
>> Yes.

978
00:37:15,520 --> 00:37:17,120
>> Um

979
00:37:17,120 --> 00:37:19,080
notice is Mr. Johnson, do you know if

980
00:37:19,080 --> 00:37:20,960
all required public

981
00:37:20,960 --> 00:37:22,800
notices of this hearing

982
00:37:22,800 --> 00:37:23,680
have been sent out?

983
00:37:23,680 --> 00:37:25,520
>> Yes, sir.

984
00:37:25,520 --> 00:37:26,675
>> And have um

985
00:37:26,675 --> 00:37:28,000
>> [laughter]

986
00:37:28,000 --> 00:37:30,080
>> nearby property owners been notified of

987
00:37:30,080 --> 00:37:30,880
this hearing?

988
00:37:30,880 --> 00:37:31,920
>> Yes, sir.

989
00:37:31,920 --> 00:37:34,080
>> Did you hear back from any of the nearby

990
00:37:34,080 --> 00:37:34,920
property owners?

991
00:37:34,920 --> 00:37:38,200
>> We heard back from one property owner.

992
00:37:38,200 --> 00:37:40,680
>> How many notices did you send out?

993
00:37:40,680 --> 00:37:42,960
>> Uh

994
00:37:42,960 --> 00:37:45,120
14.

995
00:37:45,120 --> 00:37:47,200
Does that include Mr.

996
00:37:47,200 --> 00:37:48,600
Fogleman?

997
00:37:48,600 --> 00:37:50,560
>> Yes, there was 13 originally, and then

998
00:37:50,560 --> 00:37:52,320
we added to it.

999
00:37:52,320 --> 00:37:55,200
>> The adjacent neighbor, Mr. Fogleman, was

1000
00:37:55,200 --> 00:37:57,480
a recent property owner

1001
00:37:57,480 --> 00:37:58,840
that just bought the house, so we ended

1002
00:37:58,840 --> 00:38:01,480
up notifying him outside the address as

1003
00:38:01,480 --> 00:38:01,720
well.

1004
00:38:01,720 --> 00:38:03,280
>> So, you sent 14 out?

1005
00:38:03,280 --> 00:38:11,150
>> 14 total, yes, sir.

1006
00:38:11,160 --> 00:38:14,030
» Um

1007
00:38:14,040 --> 00:38:18,430
let me make sure

1008
00:38:18,440 --> 00:38:22,400
I've got all the information I need as the background.

1009
00:38:22,400 --> 00:38:25,960
What sort of new structures require

1010
00:38:25,960 --> 00:38:32,550
just a building permit?

1011
00:38:32,560 --> 00:38:33,840
» Um

1012
00:38:33,840 --> 00:38:35,600
anything that's over 12 ft in any

1013
00:38:35,600 --> 00:38:47,590
dimension.

1014
00:38:47,600 --> 00:38:50,150
» Um

1015
00:38:50,160 --> 00:38:53,040
You said the accessory building is 11 ft

1016
00:38:53,040 --> 00:38:57,280
8 in wide and 13 ft 8 in long. Does that

1017
00:38:57,280 --> 00:39:00,240
come within the 12-ft rule

1018
00:39:00,240 --> 00:39:01,960
so that it needs a building permit?

1019
00:39:01,960 --> 00:39:03,920
>> It would need a building permit. If

1020
00:39:03,920 --> 00:39:05,480
that's the If that's the actual

1021
00:39:05,480 --> 00:39:07,960
measurement, yes.

1022
00:39:07,960 --> 00:39:09,520
Um

1023
00:39:09,520 --> 00:39:10,720
And and we we would have to check with

1024
00:39:10,720 --> 00:39:12,360
the building code and and and John can

1025
00:39:12,360 --> 00:39:14,160
answer if if we need be, but there there

1026
00:39:14,160 --> 00:39:16,360
is some things that

1027
00:39:16,360 --> 00:39:18,240
may or may not exclude the eaves in the

1028
00:39:18,240 --> 00:39:22,000
building code. That's side was required.

1029
00:39:22,000 --> 00:39:24,960
Eaves Eaves being required in the zoning

1030
00:39:24,960 --> 00:39:26,680
ordinance. The building code's a little

1031
00:39:26,680 --> 00:39:27,880
bit different, but we'll make that

1032
00:39:27,880 --> 00:39:30,360
determination.

1033
00:39:30,360 --> 00:39:33,680
But as it sits right now, yes, it is.

1034
00:39:33,680 --> 00:39:35,080
It would require a building permit as

1035
00:39:35,080 --> 00:39:41,030
well.

1036
00:39:41,040 --> 00:39:43,320
And I I I think it's 2 or 3 weeks ago I

1037
00:39:43,320 --> 00:39:45,640
reached out to Mrs. Ready just to

1038
00:39:45,640 --> 00:39:47,040
so I'd know when the staff report the

1039
00:39:47,040 --> 00:39:48,960
size of the building.

1040
00:39:48,960 --> 00:39:50,000
And that's what he told me the

1041
00:39:50,000 --> 00:39:58,310
dimensions were.

1042
00:39:58,320 --> 00:40:01,360
» So tell me about the eaves. The eaves

1043
00:40:01,360 --> 00:40:03,280
are included

1044
00:40:03,280 --> 00:40:08,040
in any measurement from a wall line, right?

1045
00:40:08,040 --> 00:40:09,840
>> That's correct.

1046
00:40:09,840 --> 00:40:18,190
>> Does this building have eaves?

1047
00:40:18,200 --> 00:40:20,440
» Looks like it does to me, yes.

1048
00:40:20,440 --> 00:40:21,880
But I don't know the width to make it

1049
00:40:21,880 --> 00:40:26,550
probably enlighten what the widths are.

1050
00:40:26,560 --> 00:40:33,910
» It's about 4 and 1/2 inches from the handle.

1051
00:40:33,920 --> 00:40:35,920
Mr. Johnson, what kind of structures

1052
00:40:35,920 --> 00:40:40,710
require just a zoning permit?

1053
00:40:40,720 --> 00:40:45,150
» Um

1054
00:40:45,160 --> 00:40:47,400
any structure that would be

1055
00:40:47,400 --> 00:40:49,640
an accessory building, period.

1056
00:40:49,640 --> 00:40:51,760
Any size requires a zoning permit, and

1057
00:40:51,760 --> 00:40:53,658
that's for

1058
00:40:53,658 --> 00:40:54,640
>> [snorts]

1059
00:40:54,640 --> 00:40:58,990
>> verification meeting setbacks.

1060
00:40:59,000 --> 00:41:00,840
Building code don't kick in to 12 feet

1061
00:41:00,840 --> 00:41:04,910
and above.

1062
00:41:04,920 --> 00:41:07,160
» Okay, so if your accessory building is

1063
00:41:07,160 --> 00:41:09,378
less than 12 feet, you don't you don't

1064
00:41:09,378 --> 00:41:10,560
[snorts] have to get a zoning permit.

1065
00:41:10,560 --> 00:41:11,200
>> That's right.

1066
00:41:11,200 --> 00:41:12,840
>> You get a building permit.

1067
00:41:12,840 --> 00:41:13,320
>> That's right.

1068
00:41:13,320 --> 00:41:13,840
>> No.

1069
00:41:13,840 --> 00:41:17,110
you don't you don't

1070
00:41:17,120 --> 00:41:21,560
12 12 feet and under didn't need a building permit.

1071
00:41:21,560 --> 00:41:25,000
12 foot greater, yes you do need it.

1072
00:41:25,000 --> 00:41:26,800
>> Greater than 12 feet.

1073
00:41:26,800 --> 00:41:29,560
>> 12 and greater greater greater than 12

1074
00:41:29,560 --> 00:41:31,648
feet.

1075
00:41:31,648 --> 00:41:32,320
>> [clears throat]

1076
00:41:32,320 --> 00:41:32,760
>> So 10

1077
00:41:32,760 --> 00:41:34,880
>> a zoning permit.

1078
00:41:34,880 --> 00:41:36,760
>> Right.

1079
00:41:36,760 --> 00:41:38,600
So 10 by 12

1080
00:41:38,600 --> 00:41:43,428
would not require.

1081
00:41:43,438 --> 00:41:45,470
» [snorts]

1082
00:41:45,480 --> 00:41:46,000
» Okay.

1083
00:41:46,000 --> 00:41:47,520
>> Yeah, so so

1084
00:41:47,520 --> 00:41:50,040
just for reference, accessory buildings

1085
00:41:50,040 --> 00:41:52,480
is in section R101

1086
00:41:52,480 --> 00:41:55,750
.2.1

1087
00:41:55,760 --> 00:41:56,920
building code international building

1088
00:41:56,920 --> 00:41:58,680
code says

1089
00:41:58,680 --> 00:42:00,200
accessory buildings with any dimension

1090
00:42:00,200 --> 00:42:02,360
greater than 12 feet

1091
00:42:02,360 --> 00:42:05,000
shall meet the provisions of this code.

1092
00:42:05,000 --> 00:42:06,480
So you

1093
00:42:06,480 --> 00:42:10,910
12 above 12.

1094
00:42:10,920 --> 00:42:12,914
» Above 12

1095
00:42:12,914 --> 00:42:14,920
>> [snorts]

1096
00:42:14,920 --> 00:42:16,160
>> you need a building permit.

1097
00:42:16,160 --> 00:42:17,840
>> That's right.

1098
00:42:17,840 --> 00:42:20,360
>> Above 12, you also have to get a zoning

1099
00:42:20,360 --> 00:42:21,440
permit.

1100
00:42:21,440 --> 00:42:23,720
>> A- Any accessory building requires a

1101
00:42:23,720 --> 00:42:24,680
zoning permit.

1102
00:42:24,680 --> 00:42:25,680
>> So, you're going to have to do

1103
00:42:25,680 --> 00:42:27,480
>> 12. It's not based on 12 ft.

1104
00:42:27,480 --> 00:42:28,200
>> No.

1105
00:42:28,200 --> 00:42:30,120
>> Zoning permit is required

1106
00:42:30,120 --> 00:42:32,000
for anything of any kind.

1107
00:42:32,000 --> 00:42:34,560
>> A- Any structure we have to verify

1108
00:42:34,560 --> 00:42:36,640
setback.

1109
00:42:36,640 --> 00:42:38,040
Decks,

1110
00:42:38,040 --> 00:42:40,040
accessory buildings, homes, buildings,

1111
00:42:40,040 --> 00:42:42,520
anything. It's not based on a certain

1112
00:42:42,520 --> 00:42:43,920
dimension.

1113
00:42:43,920 --> 00:42:44,280
>> Okay.

1114
00:42:44,280 --> 00:42:45,440
>> But, that's verification to meet

1115
00:42:45,440 --> 00:42:47,040
setbacks.

1116
00:42:47,040 --> 00:42:48,320
>> You went out there to see if there was

1117
00:42:48,320 --> 00:42:51,640
work being done without a permit. What

1118
00:42:51,640 --> 00:42:53,280
I take it you

1119
00:42:53,280 --> 00:42:54,600
showed that work was being done without

1120
00:42:54,600 --> 00:42:56,520
a permit.

1121
00:42:56,520 --> 00:42:57,160
>> That's right.

1122
00:42:57,160 --> 00:42:59,320
>> Without what permit? What permit should

1123
00:42:59,320 --> 00:43:00,400
they [clears throat] have had?

1124
00:43:00,400 --> 00:43:01,720
>> Well, it was determined what permit they

1125
00:43:01,720 --> 00:43:02,960
would needed.

1126
00:43:02,960 --> 00:43:05,640
And the determination was at that time

1127
00:43:05,640 --> 00:43:08,440
that they needed a zoning permit.

1128
00:43:08,440 --> 00:43:10,360
>> Because [snorts] all accessory buildings

1129
00:43:10,360 --> 00:43:12,480
>> Yeah, I mean, and a lot of times

1130
00:43:12,480 --> 00:43:14,920
any any land disturbance, if it's

1131
00:43:14,920 --> 00:43:16,000
getting into significant land

1132
00:43:16,000 --> 00:43:17,040
disturbance, but you need a zoning

1133
00:43:17,040 --> 00:43:19,200
permit.

1134
00:43:19,200 --> 00:43:21,990
Um

1135
00:43:22,000 --> 00:43:23,720
you know, even if a lot of times if

1136
00:43:23,720 --> 00:43:24,960
walls are

1137
00:43:24,960 --> 00:43:26,200
and it's kind of a discretion call

1138
00:43:26,200 --> 00:43:27,560
depending on the height of the wall, may

1139
00:43:27,560 --> 00:43:29,240
or may not need a zoning permit, but

1140
00:43:29,240 --> 00:43:31,640
that's that's different than the 4 ft of

1141
00:43:31,640 --> 00:43:33,120
requiring engineering and a building

1142
00:43:33,120 --> 00:43:35,470
code.

1143
00:43:35,480 --> 00:43:37,880
But, the zoning permit is based on not

1144
00:43:37,880 --> 00:43:39,520
solely, but based on meeting those

1145
00:43:39,520 --> 00:43:41,840
setbacks.

1146
00:43:41,840 --> 00:43:43,600
>> All right. Was it a Would a property

1147
00:43:43,600 --> 00:43:45,080
owner

1148
00:43:45,080 --> 00:43:47,800
who was getting ready to build

1149
00:43:47,800 --> 00:43:49,880
an accessory building, this accessory

1150
00:43:49,880 --> 00:43:51,160
building, would they need to get their

1151
00:43:51,160 --> 00:43:53,480
permit before they started work?

1152
00:43:53,480 --> 00:43:55,760
>> Yes.

1153
00:43:55,760 --> 00:43:57,360
>> And had the survey days obtained a

1154
00:43:57,360 --> 00:44:00,335
permit before they started work.

1155
00:44:00,335 --> 00:44:00,760
>> [clears throat]

1156
00:44:00,760 --> 00:44:09,510
>> No.

1157
00:44:09,520 --> 00:44:12,030
» Okay.

1158
00:44:12,040 --> 00:44:13,640
» So when when the zoning permit

1159
00:44:13,640 --> 00:44:16,240
application was submitted

1160
00:44:16,240 --> 00:44:19,200
Mr. included the site plan that you have

1161
00:44:19,200 --> 00:44:20,320
there

1162
00:44:20,320 --> 00:44:23,560
showing 10 by 12.

1163
00:44:23,560 --> 00:44:25,440
Simply

1164
00:44:25,440 --> 00:44:28,280
zoning permit is issued.

1165
00:44:28,280 --> 00:44:31,240
However, we rely on

1166
00:44:31,240 --> 00:44:33,000
going and doing a final inspection on

1167
00:44:33,000 --> 00:44:34,720
something and making sure it meets what

1168
00:44:34,720 --> 00:44:36,200
was submitted.

1169
00:44:36,200 --> 00:44:37,720
Even though there was a time lapse in

1170
00:44:37,720 --> 00:44:42,190
that form.

1171
00:44:42,200 --> 00:44:44,120
So we're assuming a 10 by 12 is going to

1172
00:44:44,120 --> 00:44:49,510
be built meeting the side setback.

1173
00:44:49,520 --> 00:44:53,800
» Where are you getting the 10 by 12? I'm looking at the

1174
00:44:53,800 --> 00:44:56,240
drawing

1175
00:44:56,240 --> 00:44:57,040
uh

1176
00:44:57,040 --> 00:44:58,960
it shows the shed intruding into the

1177
00:44:58,960 --> 00:45:00,160
setback,

1178
00:45:00,160 --> 00:45:01,760
but there's no dimensions on the shed.

1179
00:45:01,760 --> 00:45:04,510
Where did

1180
00:45:04,520 --> 00:45:06,480
Where where

1181
00:45:06,480 --> 00:45:09,766
You're saying 10 by what? What size?

1182
00:45:09,766 --> 00:45:12,990
>> [clears throat]

1183
00:45:13,000 --> 00:45:16,240
» Yeah, but it it does it says 11 4

1184
00:45:16,240 --> 00:45:19,120
it's on the zoning permit site plan.

1185
00:45:19,120 --> 00:45:21,400
So if you show the

1186
00:45:21,400 --> 00:45:23,080
12 ft

1187
00:45:23,080 --> 00:45:26,920
that's shown on there, that that's him showing the setback.

1188
00:45:26,920 --> 00:45:28,360
>> Okay, we don't we don't have the zoning

1189
00:45:28,360 --> 00:45:30,040
permit.

1190
00:45:30,040 --> 00:45:31,960
>> No.

1191
00:45:31,960 --> 00:45:34,320
>> On the actual application I wrote

1192
00:45:34,320 --> 00:45:37,080
generic 10 by 12, but when I built this

1193
00:45:37,080 --> 00:45:40,320
out, I had you know, put more precision

1194
00:45:40,320 --> 00:45:43,640
in the pad itself. And I and I said 11 4

1195
00:45:43,640 --> 00:45:48,920
by 13 6 is now 11 8 by 13 8. So

1196
00:45:48,920 --> 00:45:51,240
I was off by a few inches, but I did not

1197
00:45:51,240 --> 00:45:54,160
signify that I was within that 12 ft

1198
00:45:54,160 --> 00:45:56,200
setback I mean told

1199
00:45:56,200 --> 00:45:58,640
fact I told Kevin it was 12 side. I

1200
00:45:58,640 --> 00:46:01,240
didn't have an as-built survey done,

1201
00:46:01,240 --> 00:46:03,920
nothing done. I brought this twice.

1202
00:46:03,920 --> 00:46:05,160
>> All right, I'll hold that thought.

1203
00:46:05,160 --> 00:46:06,440
>> We'll get to him in a minute.

1204
00:46:06,440 --> 00:46:11,440
We'll worry about that. Let's Let's finish with him first.

1205
00:46:11,440 --> 00:46:15,256
Um

1206
00:46:15,266 --> 00:46:18,230
» [snorts]

1207
00:46:18,240 --> 00:46:23,030
» Okay. So, as far as the

1208
00:46:23,040 --> 00:46:24,600
accessory building, when you went out

1209
00:46:24,600 --> 00:46:27,040
there in March,

1210
00:46:27,040 --> 00:46:29,280
the retaining wall was going to sit on

1211
00:46:29,280 --> 00:46:30,400
was there?

1212
00:46:30,400 --> 00:46:32,840
>> That's correct.

1213
00:46:32,840 --> 00:46:37,310
>> And

1214
00:46:37,320 --> 00:46:41,160
Well, I was going to ask you what was it Mr. Rothrock wanted to ask

1215
00:46:41,160 --> 00:46:41,960
him?

1216
00:46:41,960 --> 00:46:43,160
We're going to talk to him in just a

1217
00:46:43,160 --> 00:46:51,390
minute.

1218
00:46:51,400 --> 00:46:54,510
Um

1219
00:46:54,520 --> 00:46:56,240
Have you measured the accessory building

1220
00:46:56,240 --> 00:46:58,840
since it was complete?

1221
00:46:58,840 --> 00:47:00,720
>> I haven't measured it, but it but it is

1222
00:47:00,720 --> 00:47:01,840
complete.

1223
00:47:01,840 --> 00:47:02,360
>> Right.

1224
00:47:02,360 --> 00:47:04,160
>> I've been on site and it's complete.

1225
00:47:04,160 --> 00:47:06,680
>> So, Mr. Seretti has told you it's 11 ft

1226
00:47:06,680 --> 00:47:09,920
8 in wide by 13 ft 8 in long, but you

1227
00:47:09,920 --> 00:47:11,160
haven't measured it.

1228
00:47:11,160 --> 00:47:19,710
>> That's right.

1229
00:47:19,720 --> 00:47:21,720
» So, the building is encroaching into the

1230
00:47:21,720 --> 00:47:30,230
12 ft western side setback by how much?

1231
00:47:30,240 --> 00:47:32,880
» So, the one to this picture, like they

1232
00:47:32,880 --> 00:47:36,150
show a measurement here.

1233
00:47:36,160 --> 00:47:39,753
Let me get to the

1234
00:47:39,763 --> 00:47:45,350
» [snorts]

1235
00:47:45,360 --> 00:47:47,440
» So, that's the bottom foot bottom corner

1236
00:47:47,440 --> 00:47:50,960
of the accessory with the bottom of the accessory building

1237
00:47:50,960 --> 00:47:52,400
there that's

1238
00:47:52,400 --> 00:47:55,880
showing 10 ft. So, that's the wall.

1239
00:47:55,880 --> 00:47:57,640
So, that that's telling me you need to

1240
00:47:57,640 --> 00:47:59,960
add the eaves to that as well, which Mr.

1241
00:47:59,960 --> 00:48:03,240
Freddy said was 1 and 1/2 inches.

1242
00:48:03,240 --> 00:48:06,990
So you're looking at

1243
00:48:07,000 --> 00:48:08,640
10 you're looking at

1244
00:48:08,640 --> 00:48:11,240
Excuse me, inch and a half my apologies.

1245
00:48:11,240 --> 00:48:13,240
Um

1246
00:48:13,240 --> 00:48:15,480
So you're looking at 2 feet 5 inches or

1247
00:48:15,480 --> 00:48:20,030
so.

1248
00:48:20,040 --> 00:48:21,920
Including the eve.

1249
00:48:21,920 --> 00:48:23,120
>> Into the setback.

1250
00:48:23,120 --> 00:48:24,600
that's right. And

1251
00:48:24,600 --> 00:48:26,320
that's that's the furthest one point of

1252
00:48:26,320 --> 00:48:27,800
that corner.

1253
00:48:27,800 --> 00:48:29,240
And then it

1254
00:48:29,240 --> 00:48:30,800
it's less as you go towards the front of

1255
00:48:30,800 --> 00:48:34,790
the building.

1256
00:48:34,800 --> 00:48:36,640
Towards that point that you see right

1257
00:48:36,640 --> 00:48:37,000
there.

1258
00:48:37,000 --> 00:48:38,920
>> All right, and the the maximum point of

1259
00:48:38,920 --> 00:48:41,000
encroachment, what's

1260
00:48:41,000 --> 00:48:41,960
it's

1261
00:48:41,960 --> 00:48:43,840
>> It's 27.5

1262
00:48:43,840 --> 00:48:44,400
inches.

1263
00:48:44,400 --> 00:48:48,280
>> So so two 2.1 inches.

1264
00:48:48,280 --> 00:48:50,280
25 inches and plus the 4 and 1/2 they

1265
00:48:50,280 --> 00:48:53,750
just mentioned was the eaves.

1266
00:48:53,760 --> 00:48:55,360
So you're looking at 25 and 1/2 inches

1267
00:48:55,360 --> 00:48:59,190
there.

1268
00:48:59,200 --> 00:49:01,400
» That it encroaches into the setback.

1269
00:49:01,400 --> 00:49:02,880
>> Yes.

1270
00:49:02,880 --> 00:49:05,600
>> 25 and 1/2.

1271
00:49:05,600 --> 00:49:10,190
>> Okay.

1272
00:49:10,200 --> 00:49:12,160
» It'd be 27.5

1273
00:49:12,160 --> 00:49:14,084
once you add the eaves back to the

1274
00:49:14,084 --> 00:49:14,120
>> [clears throat]

1275
00:49:14,120 --> 00:49:16,360
>> to the 23 inches

1276
00:49:16,360 --> 00:49:18,200
that the sole walls encroaching into the

1277
00:49:18,200 --> 00:49:18,720
setback.

1278
00:49:18,720 --> 00:49:21,080
>> So 20 24

1279
00:49:21,080 --> 00:49:23,480
>> So 23 plus 4 and 1/2.

1280
00:49:23,480 --> 00:49:25,800
27 and 1/2.

1281
00:49:25,800 --> 00:49:27,839
>> No, it's more than that.

1282
00:49:27,839 --> 00:49:28,080
>> [snorts]

1283
00:49:28,080 --> 00:49:29,480
>> Technically 4 inches.

1284
00:49:29,480 --> 00:49:30,760
>> 4 inches of leeway.

1285
00:49:30,760 --> 00:49:32,040
It's not at a right angle, it's an

1286
00:49:32,040 --> 00:49:35,870
angle, so we're taking a piece of that.

1287
00:49:35,880 --> 00:49:38,520
» It'd be 24 inches plus 4 and 1/2 inches.

1288
00:49:38,520 --> 00:49:39,560
>> Right, okay.

1289
00:49:39,560 --> 00:49:42,960
>> So 28 and 1/2 inches.

1290
00:49:42,960 --> 00:49:44,880
>> Is the total encroachment including the

1291
00:49:44,880 --> 00:49:45,440
eaves?

1292
00:49:45,440 --> 00:49:46,160
>> Yes.

1293
00:49:46,160 --> 00:49:48,080
>> 28 What was it?

1294
00:49:48,080 --> 00:49:49,560
>> 28 and 1/2.

1295
00:49:49,560 --> 00:50:00,550
it. Okay.

1296
00:50:00,560 --> 00:50:03,520
» So, they have requested a 2-ft variance,

1297
00:50:03,520 --> 00:50:04,840
and that's not going to take care of it,

1298
00:50:04,840 --> 00:50:05,600
is it?

1299
00:50:05,600 --> 00:50:10,404
>> Sounds like it's not.

1300
00:50:10,414 --> 00:50:11,069
» [cough]

1301
00:50:11,069 --> 00:50:11,724
[clears throat]

1302
00:50:11,724 --> 00:50:12,560
[snorts]

1303
00:50:12,560 --> 00:50:13,880
>> That's one of the measurements looks

1304
00:50:13,880 --> 00:50:16,320
like you see in that picture

1305
00:50:16,320 --> 00:50:19,160
24 in and 1 in 25 in. That's the

1306
00:50:19,160 --> 00:50:20,480
measurement.

1307
00:50:20,480 --> 00:50:21,760
That's the

1308
00:50:21,760 --> 00:50:26,350
to that foundation wall.

1309
00:50:26,360 --> 00:50:28,080
» Was a permit issued for the foundation

1310
00:50:28,080 --> 00:50:29,240
wall at any point?

1311
00:50:29,240 --> 00:50:30,560
>> No.

1312
00:50:30,560 --> 00:50:32,684
>> And it has it was never measured.

1313
00:50:32,684 --> 00:50:32,800
>> [clears throat]

1314
00:50:32,800 --> 00:50:33,160
>> No.

1315
00:50:33,160 --> 00:50:35,305
>> And I looked it up. It's

1316
00:50:35,305 --> 00:50:35,520
>> [snorts]

1317
00:50:35,520 --> 00:50:38,680
>> Any retaining wall exceeding 5 ft

1318
00:50:38,680 --> 00:50:40,480
shall be designed and constructed under

1319
00:50:40,480 --> 00:50:41,840
the responsible charge of a North

1320
00:50:41,840 --> 00:50:43,120
Carolina registered professional

1321
00:50:43,120 --> 00:50:44,960
engineer.

1322
00:50:44,960 --> 00:50:46,800
Engineers shall submit a sealed report

1323
00:50:46,800 --> 00:50:48,080
including final approval on the

1324
00:50:48,080 --> 00:50:50,120
retaining structure construction to the

1325
00:50:50,120 --> 00:50:51,840
building code official. None of that

1326
00:50:51,840 --> 00:50:52,480
happened.

1327
00:50:52,480 --> 00:50:53,760
>> Is is that in the ordinance the town

1328
00:50:53,760 --> 00:50:54,560
code?

1329
00:50:54,560 --> 00:50:55,440
Land use ordinance.

1330
00:50:55,440 --> 00:50:58,680
>> It's 16.11.2.1

1331
00:50:58,680 --> 00:50:59,800
part B.

1332
00:50:59,800 --> 00:51:01,505
>> That's right.

1333
00:51:01,505 --> 00:51:04,115
>> [snorts]

1334
00:51:04,125 --> 00:51:04,760
[clears throat]

1335
00:51:04,760 --> 00:51:07,440
>> So, that never happened. None of that.

1336
00:51:07,440 --> 00:51:09,000
>> But it it could be included in his

1337
00:51:09,000 --> 00:51:10,080
zoning permit.

1338
00:51:10,080 --> 00:51:10,440
>> But it

1339
00:51:10,440 --> 00:51:11,880
>> But you'd have to have engineering if

1340
00:51:11,880 --> 00:51:12,480
it's certain not.

1341
00:51:12,480 --> 00:51:18,950
>> But it wasn't, so none of that happened.

1342
00:51:18,960 --> 00:51:20,280
» All right, Mr. Surveyor, are you

1343
00:51:20,280 --> 00:51:23,800
following with us on this 28 and 1/2

1344
00:51:23,800 --> 00:51:27,520
inches encroachment?

1345
00:51:27,520 --> 00:51:28,360
Are you

1346
00:51:28,360 --> 00:51:32,280
>> It's it's not quite that much, but

1347
00:51:32,290 --> 00:51:32,800
» [clears throat]

1348
00:51:32,800 --> 00:51:34,040
>> I

1349
00:51:34,040 --> 00:51:35,720
never [snorts] had an as-built survey or

1350
00:51:35,720 --> 00:51:39,240
as-built survey. He approximated

1351
00:51:39,240 --> 00:51:41,880
2 and 1/2, but

1352
00:51:41,880 --> 00:51:44,400
I mean, come on. We're doing our best.

1353
00:51:44,400 --> 00:51:48,150
What I think the property line is

1354
00:51:48,160 --> 00:51:50,680
estimated. Nobody really has a precise

1355
00:51:50,680 --> 00:51:52,640
number that the council has.

1356
00:51:52,640 --> 00:51:56,150
Okay.

1357
00:51:56,160 --> 00:51:57,080
» For the retaining wall?

1358
00:51:57,080 --> 00:51:58,640
>> I'd have to refer to that.

1359
00:51:58,640 --> 00:52:01,990
>> I can I'll

1360
00:52:02,000 --> 00:52:02,560
Okay.

1361
00:52:02,560 --> 00:52:04,880
>> Mr. Johnson, are there extreme problems

1362
00:52:04,880 --> 00:52:09,320
with the lot at 369 Terry Acres Circle?

1363
00:52:09,320 --> 00:52:12,360
By that I mean extreme slope or it's a

1364
00:52:12,360 --> 00:52:14,960
very narrow lot. Do they have

1365
00:52:14,960 --> 00:52:17,240
>> I I don't think in this I don't think

1366
00:52:17,240 --> 00:52:18,480
that would have a bearing on this

1367
00:52:18,480 --> 00:52:21,320
instance. Um

1368
00:52:21,320 --> 00:52:30,190
No.

1369
00:52:30,200 --> 00:52:31,440
» Are there

1370
00:52:31,440 --> 00:52:33,480
places on the lot

1371
00:52:33,480 --> 00:52:35,200
the entire lot where this accessory

1372
00:52:35,200 --> 00:52:36,280
building

1373
00:52:36,280 --> 00:52:37,400
could have been built without

1374
00:52:37,400 --> 00:52:39,960
encroaching into any setback?

1375
00:52:39,960 --> 00:52:46,880
>> Yes. I mean that was a solution was to move that corner and meet the

1376
00:52:46,880 --> 00:52:54,630
setback.

1377
00:52:54,640 --> 00:52:55,640
» So,

1378
00:52:55,640 --> 00:53:01,960
could have been built just closer to the house?

1379
00:53:01,960 --> 00:53:03,800
2 or 3 ft closer to the house?

1380
00:53:03,800 --> 00:53:06,080
>> Probably yes.

1381
00:53:06,080 --> 00:53:17,390
Or could have been a smaller building.

1382
00:53:17,400 --> 00:53:21,510
» Um

1383
00:53:21,520 --> 00:53:22,880
All right. You said when you and Mr.

1384
00:53:22,880 --> 00:53:25,600
Rothrock went in March

1385
00:53:25,600 --> 00:53:28,840
to the site there at 369 Terry Acres

1386
00:53:28,840 --> 00:53:30,400
Circle,

1387
00:53:30,400 --> 00:53:32,200
you saw construction that had been done

1388
00:53:32,200 --> 00:53:34,040
without a required permit.

1389
00:53:34,040 --> 00:53:34,800
>> Yes.

1390
00:53:34,800 --> 00:53:37,320
>> And what what all was it? Was it the

1391
00:53:37,320 --> 00:53:39,280
Tell us what all you saw that had been

1392
00:53:39,280 --> 00:53:48,710
built that did not have a permit.

1393
00:53:48,720 --> 00:53:51,600
» So this part was there

1394
00:53:51,600 --> 00:53:53,440
and all of this was there.

1395
00:53:53,440 --> 00:53:56,000
>> I I keep seeing your red dot, but

1396
00:53:56,000 --> 00:53:59,510
>> Um

1397
00:53:59,520 --> 00:54:02,950
All all of this was there.

1398
00:54:02,960 --> 00:54:04,600
Patio

1399
00:54:04,600 --> 00:54:05,720
This

1400
00:54:05,720 --> 00:54:07,960
part down here

1401
00:54:07,960 --> 00:54:09,360
and it was [clears throat] looks like

1402
00:54:09,360 --> 00:54:10,640
some some of the driveway had been

1403
00:54:10,640 --> 00:54:12,400
redone.

1404
00:54:12,400 --> 00:54:14,600
Um which no issues there. I mean it's

1405
00:54:14,600 --> 00:54:15,520
been redone.

1406
00:54:15,520 --> 00:54:17,480
>> Did the patio require a permit?

1407
00:54:17,480 --> 00:54:20,080
>> Um it

1408
00:54:20,080 --> 00:54:21,640
could have discretionally required a

1409
00:54:21,640 --> 00:54:23,400
zoning permit.

1410
00:54:23,400 --> 00:54:28,520
And and that's just to ensure compliance with any kind of

1411
00:54:28,520 --> 00:54:31,960
you know erosion control measures um

1412
00:54:31,960 --> 00:54:33,720
verify any setback issues that could

1413
00:54:33,720 --> 00:54:35,320
have been there.

1414
00:54:35,320 --> 00:54:36,560
Um

1415
00:54:36,560 --> 00:54:40,040
building permit, probably not.

1416
00:54:40,040 --> 00:54:41,560
Unless you know based on the height, it

1417
00:54:41,560 --> 00:54:42,240
was

1418
00:54:42,240 --> 00:54:43,200
just have to determine the height of

1419
00:54:43,200 --> 00:54:44,520
that and see if it's over that

1420
00:54:44,520 --> 00:54:45,160
threshold.

1421
00:54:45,160 --> 00:54:46,960
>> Well, what's the status of that patio as

1422
00:54:46,960 --> 00:54:49,400
far as permits? Was there a permit

1423
00:54:49,400 --> 00:54:50,960
issued for the patio?

1424
00:54:50,960 --> 00:54:53,160
>> At the time, no. But I mean all of this

1425
00:54:53,160 --> 00:54:54,440
work

1426
00:54:54,440 --> 00:54:55,880
can be covered under the zoning permit

1427
00:54:55,880 --> 00:54:57,920
we have here. We're fine with that.

1428
00:54:57,920 --> 00:54:59,680
There's no issues with the patio.

1429
00:54:59,680 --> 00:55:00,680
>> Okay.

1430
00:55:00,680 --> 00:55:02,040
Thank

1431
00:55:02,040 --> 00:55:04,360
Did they get a permit after the fact?

1432
00:55:04,360 --> 00:55:04,880
>> That's right.

1433
00:55:04,880 --> 00:55:06,520
>> Okay. All right. And what else was

1434
00:55:06,520 --> 00:55:09,280
there? The the retaining wall

1435
00:55:09,280 --> 00:55:11,680
slash foundation for the building was

1436
00:55:11,680 --> 00:55:12,880
there?

1437
00:55:12,880 --> 00:55:14,760
>> Right. Yeah, most of it was more

1438
00:55:14,760 --> 00:55:17,160
hardscape type stuff out here.

1439
00:55:17,160 --> 00:55:18,800
And they can they can let you know it

1440
00:55:18,800 --> 00:55:20,200
looks like maybe they'd resurfaced the

1441
00:55:20,200 --> 00:55:21,520
driveway.

1442
00:55:21,520 --> 00:55:23,440
Redone it, maybe reshaped it a little

1443
00:55:23,440 --> 00:55:26,360
bit. We had no issues with that.

1444
00:55:26,360 --> 00:55:28,520
Um

1445
00:55:28,520 --> 00:55:31,480
So sometimes minor redoing of a driveway

1446
00:55:31,480 --> 00:55:32,840
would probably wouldn't require a

1447
00:55:32,840 --> 00:55:34,560
permit. Um

1448
00:55:34,560 --> 00:55:37,400
it just depends on how involved it is.

1449
00:55:37,400 --> 00:55:39,160
>> When you and Mr. Rothrock went out there

1450
00:55:39,160 --> 00:55:40,960
in March, was there work going on,

1451
00:55:40,960 --> 00:55:42,680
active work going on?

1452
00:55:42,680 --> 00:55:44,920
>> There was not at the time we were there.

1453
00:55:44,920 --> 00:55:46,320
>> Okay.

1454
00:55:46,320 --> 00:55:48,510
Um

1455
00:55:48,520 --> 00:55:50,120
» I I I

1456
00:55:50,120 --> 00:55:51,480
mainly it looked like everything was

1457
00:55:51,480 --> 00:55:53,480
done until

1458
00:55:53,480 --> 00:55:54,880
you know, the the accessory building

1459
00:55:54,880 --> 00:55:58,430
come into play.

1460
00:55:58,440 --> 00:55:59,680
And then they can they can let you know

1461
00:55:59,680 --> 00:56:01,560
probably when that was built, what time

1462
00:56:01,560 --> 00:56:03,080
frame it was built.

1463
00:56:03,080 --> 00:56:05,400
>> Is that building a stick-built building

1464
00:56:05,400 --> 00:56:05,720
or is that

1465
00:56:05,720 --> 00:56:07,400
>> I I think it was stick-built, but they

1466
00:56:07,400 --> 00:56:21,139
can clarify that.

1467
00:56:21,149 --> 00:56:22,680
» [snorts]

1468
00:56:22,680 --> 00:56:28,030
>> Um

1469
00:56:28,040 --> 00:56:30,160
It says Mr. Rothrock contacted Mr.

1470
00:56:30,160 --> 00:56:32,320
Swearingen advise him about a zoning

1471
00:56:32,320 --> 00:56:34,280
permit. Would you mind switching

1472
00:56:34,280 --> 00:56:36,040
positions with Mr. Rothrock? I don't

1473
00:56:36,040 --> 00:56:37,520
want to sit here

1474
00:56:37,520 --> 00:56:49,190
just sit here, sir.

1475
00:56:49,200 --> 00:56:51,040
So, Mr. Rothrock, you and Mr. Johnson

1476
00:56:51,040 --> 00:56:53,800
went out to 360 N. Cherry Acres Circle

1477
00:56:53,800 --> 00:56:57,070
in March of this year.

1478
00:56:57,080 --> 00:56:58,320
» Yes.

1479
00:56:58,320 --> 00:57:01,400
I went to give you a little bit of

1480
00:57:01,400 --> 00:57:03,160
background. I went first

1481
00:57:03,160 --> 00:57:03,440
>> Okay.

1482
00:57:03,440 --> 00:57:08,240
>> by myself based on a call I had related to some some

1483
00:57:08,240 --> 00:57:10,274
drainage issues.

1484
00:57:10,274 --> 00:57:10,400
>> [snorts]

1485
00:57:10,400 --> 00:57:13,320
>> And when when I got to the site

1486
00:57:13,320 --> 00:57:15,440
there was quite a bit of work done.

1487
00:57:15,440 --> 00:57:18,960
Um fencing, retaining not retaining

1488
00:57:18,960 --> 00:57:21,360
wall, but more of a a decorative wall

1489
00:57:21,360 --> 00:57:24,120
around the driveway and some drainage uh

1490
00:57:24,120 --> 00:57:25,920
connections made.

1491
00:57:25,920 --> 00:57:27,320
Um

1492
00:57:27,320 --> 00:57:29,720
nothing that was an issue with that. And

1493
00:57:29,720 --> 00:57:32,400
then there were guys working

1494
00:57:32,400 --> 00:57:33,640
and they had

1495
00:57:33,640 --> 00:57:36,640
uh completed a uh pad that you saw in

1496
00:57:36,640 --> 00:57:37,800
the picture.

1497
00:57:37,800 --> 00:57:40,160
This pad was under construction and then

1498
00:57:40,160 --> 00:57:42,680
the other pad the uh

1499
00:57:42,680 --> 00:57:44,200
what we determined to be a retaining

1500
00:57:44,200 --> 00:57:45,320
wall

1501
00:57:45,320 --> 00:57:48,720
was there, too. And and after that, I uh

1502
00:57:48,720 --> 00:57:50,000
>> This was This was in March.

1503
00:57:50,000 --> 00:57:52,320
>> This was in March. I called Mr.

1504
00:57:52,320 --> 00:57:54,670
uh

1505
00:57:54,680 --> 00:57:56,640
I don't remember if Brian and I went

1506
00:57:56,640 --> 00:57:58,720
back out to look at it then. I was just

1507
00:57:58,720 --> 00:58:01,480
unaware of of any permits that had been

1508
00:58:01,480 --> 00:58:04,240
applied for at that time. And so, I

1509
00:58:04,240 --> 00:58:06,360
called I think I may have called Brian

1510
00:58:06,360 --> 00:58:08,360
and and Taylor just to check, "Hey, are

1511
00:58:08,360 --> 00:58:09,880
there any permits issued for this

1512
00:58:09,880 --> 00:58:11,520
property?"

1513
00:58:11,520 --> 00:58:15,775
And I think Brian and I went back out.

1514
00:58:15,775 --> 00:58:18,030
>> [snorts]

1515
00:58:18,040 --> 00:58:19,440
» I don't remember if it was before I

1516
00:58:19,440 --> 00:58:23,320
called Mr. Sureddi or after.

1517
00:58:23,320 --> 00:58:25,800
But, we did let Mr. Sureddi know that he

1518
00:58:25,800 --> 00:58:27,920
needed to apply for some permits for the

1519
00:58:27,920 --> 00:58:28,960
work.

1520
00:58:28,960 --> 00:58:30,840
And at that time, he let us know that he

1521
00:58:30,840 --> 00:58:33,560
wanted to put a a building

1522
00:58:33,560 --> 00:58:37,080
on that pad that you see there.

1523
00:58:37,080 --> 00:58:39,120
And

1524
00:58:39,120 --> 00:58:42,550
uh

1525
00:58:42,560 --> 00:58:43,840
I said, "Well, it needs to meet the

1526
00:58:43,840 --> 00:58:47,440
setbacks." 12-ft side setbacks.

1527
00:58:47,440 --> 00:58:48,720
And

1528
00:58:48,720 --> 00:58:51,760
when he brought his application in,

1529
00:58:51,760 --> 00:58:54,280
uh we met with him in the office

1530
00:58:54,280 --> 00:58:57,960
and at that time, he he had the concrete

1531
00:58:57,960 --> 00:58:59,080
pad

1532
00:58:59,080 --> 00:59:01,840
that you see in what was copied for you.

1533
00:59:01,840 --> 00:59:03,280
And I said, "Mr. Sureddi, you need to

1534
00:59:03,280 --> 00:59:05,040
make sure that this meets the 12-ft

1535
00:59:05,040 --> 00:59:06,520
setback."

1536
00:59:06,520 --> 00:59:07,840
Um

1537
00:59:07,840 --> 00:59:09,160
>> This was the first time you talked to

1538
00:59:09,160 --> 00:59:09,880
him.

1539
00:59:09,880 --> 00:59:12,280
>> Yes, first time I talked to him.

1540
00:59:12,280 --> 00:59:13,600
And then,

1541
00:59:13,600 --> 00:59:15,520
uh

1542
00:59:15,520 --> 00:59:16,760
that's when

1543
00:59:16,760 --> 00:59:19,720
we went back out to the site to verify

1544
00:59:19,720 --> 00:59:22,640
if that retaining structure

1545
00:59:22,640 --> 00:59:24,880
met the setback, and apparently, at that

1546
00:59:24,880 --> 00:59:27,160
time, it did not.

1547
00:59:27,160 --> 00:59:28,920
And so,

1548
00:59:28,920 --> 00:59:31,150
um

1549
00:59:31,160 --> 00:59:32,880
I told Mr. Sreddy that he needs to meet

1550
00:59:32,880 --> 00:59:36,341
the setback and that

1551
00:59:36,341 --> 00:59:37,000
>> [snorts]

1552
00:59:37,000 --> 00:59:38,680
>> I let Brian know

1553
00:59:38,680 --> 00:59:41,000
that in reviewing this application that

1554
00:59:41,000 --> 00:59:42,520
if he wanted to put a building there, it

1555
00:59:42,520 --> 00:59:44,840
needed to be shifted on the lower back

1556
00:59:44,840 --> 00:59:46,800
corner because it was too close to the

1557
00:59:46,800 --> 00:59:47,640
property line.

1558
00:59:47,640 --> 00:59:48,200
>> Right.

1559
00:59:48,200 --> 00:59:52,560
>> And and to move if he's going to build a building on it, it needs to be shifted

1560
00:59:52,560 --> 00:59:53,640
over

1561
00:59:53,640 --> 00:59:56,440
to accommodate the the eve overhang and

1562
00:59:56,440 --> 00:59:58,240
all that because the building would that

1563
00:59:58,240 --> 01:00:01,640
pad was encroaching a little bit.

1564
01:00:01,640 --> 01:00:03,800
A question I think you had about the the

1565
01:00:03,800 --> 01:00:06,800
retaining structure.

1566
01:00:06,800 --> 01:00:08,280
Retaining wall can be built right to the

1567
01:00:08,280 --> 01:00:09,640
property line as long as it doesn't

1568
01:00:09,640 --> 01:00:12,960
exceed 6 ft in height.

1569
01:00:12,960 --> 01:00:14,040
You can

1570
01:00:14,040 --> 01:00:16,040
also reduce the height of that by

1571
01:00:16,040 --> 01:00:19,080
backfilling against the wall. That lower

1572
01:00:19,080 --> 01:00:22,400
corner is between 6 and 7 ft

1573
01:00:22,400 --> 01:00:24,040
above grade and so that could be

1574
01:00:24,040 --> 01:00:25,480
adjusted

1575
01:00:25,480 --> 01:00:27,800
to by backfilling the wall in that

1576
01:00:27,800 --> 01:00:29,640
corner and reduce that height so it

1577
01:00:29,640 --> 01:00:32,840
would meet the criteria for a retaining wall

1578
01:00:32,840 --> 01:00:34,160
in the setback.

1579
01:00:34,160 --> 01:00:36,760
>> So your problem

1580
01:00:36,760 --> 01:00:40,750
is the house structure. It's not

1581
01:00:40,760 --> 01:00:43,640
» You know, the the the structure if he

1582
01:00:43,640 --> 01:00:45,800
never put a building on it, it's fine

1583
01:00:45,800 --> 01:00:47,200
the way it is and he can use it as a

1584
01:00:47,200 --> 01:00:49,000
patio. If he once he puts a building on

1585
01:00:49,000 --> 01:00:51,040
it, it needs to be shifted in such a way

1586
01:00:51,040 --> 01:00:53,920
to meet the setbacks.

1587
01:00:53,920 --> 01:00:55,880
>> When you had that first conversation

1588
01:00:55,880 --> 01:00:58,000
that's the first conversation you had.

1589
01:00:58,000 --> 01:00:58,880
>> Yes, and

1590
01:00:58,880 --> 01:01:00,040
>> You told him he needed to

1591
01:01:00,040 --> 01:01:00,760
>> That's right.

1592
01:01:00,760 --> 01:01:02,000
>> You told him he needed to encroach again

1593
01:01:02,000 --> 01:01:03,240
for the setback.

1594
01:01:03,240 --> 01:01:06,800
>> That's right. And I had Mr. Sreddy

1595
01:01:06,800 --> 01:01:09,600
indicate that it would meet the 12 ft by

1596
01:01:09,600 --> 01:01:12,160
and he drew on 12 ft

1597
01:01:12,160 --> 01:01:14,120
in this dimension from the corner to the

1598
01:01:14,120 --> 01:01:16,600
property line.

1599
01:01:16,600 --> 01:01:18,160
>> Did he seem to understand what you were

1600
01:01:18,160 --> 01:01:19,640
telling him in the conversation?

1601
01:01:19,640 --> 01:01:25,030
>> I think so. I mean, I thought he did.

1602
01:01:25,040 --> 01:01:27,280
» This was over the phone, I'm taking.

1603
01:01:27,280 --> 01:01:28,000
>> I didn't hear you.

1604
01:01:28,000 --> 01:01:29,880
>> This was on the phone This wasn't in

1605
01:01:29,880 --> 01:01:30,640
person.

1606
01:01:30,640 --> 01:01:32,640
>> It was in person. He was in our office.

1607
01:01:32,640 --> 01:01:33,120
Yes.

1608
01:01:33,120 --> 01:01:35,000
>> Okay, so you Okay.

1609
01:01:35,000 --> 01:01:36,920
>> In the front office, we had the piece of

1610
01:01:36,920 --> 01:01:38,640
paper and we were going over

1611
01:01:38,640 --> 01:01:39,760
we need you need to make these

1612
01:01:39,760 --> 01:01:41,320
indications on the plan for us to

1613
01:01:41,320 --> 01:01:41,520
review.

1614
01:01:41,520 --> 01:01:44,040
>> How did he know to come see?

1615
01:01:44,040 --> 01:01:45,240
You didn't see him when you went out

1616
01:01:45,240 --> 01:01:46,040
there on the site?

1617
01:01:46,040 --> 01:01:47,680
>> No, we called him.

1618
01:01:47,680 --> 01:01:48,320
>> You called him.

1619
01:01:48,320 --> 01:01:48,640
>> Yes.

1620
01:01:48,640 --> 01:01:49,200
>> And he came to the

1621
01:01:49,200 --> 01:01:50,320
>> He came into our office.

1622
01:01:50,320 --> 01:01:52,400
>> Okay, okay.

1623
01:01:52,400 --> 01:01:57,720
And you told him that the building protruded into the setback

1624
01:01:57,720 --> 01:01:59,520
and it had to be

1625
01:01:59,520 --> 01:02:00,080
built

1626
01:02:00,080 --> 01:02:02,280
>> Well, it wasn't built yet. We

1627
01:02:02,280 --> 01:02:03,960
building here, it needs to meet the

1628
01:02:03,960 --> 01:02:06,080
setbacks and indicate on your site plan

1629
01:02:06,080 --> 01:02:07,800
that it will.

1630
01:02:07,800 --> 01:02:09,280
>> Okay.

1631
01:02:09,280 --> 01:02:10,920
>> Most people get surveys when they're

1632
01:02:10,920 --> 01:02:12,960
going to do that and know that

1633
01:02:12,960 --> 01:02:13,440
we could

1634
01:02:13,440 --> 01:02:15,400
>> Not really. Not really, unless it's real

1635
01:02:15,400 --> 01:02:18,720
close. And And yeah, they they do.

1636
01:02:18,720 --> 01:02:19,800
Um

1637
01:02:19,800 --> 01:02:22,360
>> He He had his property pins marked.

1638
01:02:22,360 --> 01:02:24,680
Maybe we didn't order the bunch.

1639
01:02:24,680 --> 01:02:26,600
>> I don't think there was a question of

1640
01:02:26,600 --> 01:02:29,160
where the line was. I think it was

1641
01:02:29,160 --> 01:02:30,120
self-evident.

1642
01:02:30,120 --> 01:02:33,670
>> Sure.

1643
01:02:33,680 --> 01:02:36,720
» If after If we have a hard time to

1644
01:02:36,720 --> 01:02:38,960
determine the setback and we're having a

1645
01:02:38,960 --> 01:02:40,440
hard time to determine where that line

1646
01:02:40,440 --> 01:02:41,480
is,

1647
01:02:41,480 --> 01:02:44,280
we'll request a foundation survey

1648
01:02:44,280 --> 01:02:45,840
and it'll be

1649
01:02:45,840 --> 01:02:47,360
dead on.

1650
01:02:47,360 --> 01:02:49,640
In a lot of instances, we don't If it's

1651
01:02:49,640 --> 01:02:52,040
15 ft off the property line

1652
01:02:52,040 --> 01:02:53,560
or more, we don't We can just pull the

1653
01:02:53,560 --> 01:03:02,950
tape and be be sure of it.

1654
01:03:02,960 --> 01:03:04,920
» So, he came in

1655
01:03:04,920 --> 01:03:07,040
to your office and applied for a permit

1656
01:03:07,040 --> 01:03:08,720
on April 6th of this year.

1657
01:03:08,720 --> 01:03:09,560
>> That's right.

1658
01:03:09,560 --> 01:03:12,280
>> Did you talk to him or Mr. Johnson?

1659
01:03:12,280 --> 01:03:12,920
>> I did.

1660
01:03:12,920 --> 01:03:13,440
>> You did.

1661
01:03:13,440 --> 01:03:14,560
>> Yes.

1662
01:03:14,560 --> 01:03:17,280
>> Um and he gave you some supporting

1663
01:03:17,280 --> 01:03:18,160
material.

1664
01:03:18,160 --> 01:03:20,830
>> That's right.

1665
01:03:20,840 --> 01:03:25,190
That went along with his application.

1666
01:03:25,200 --> 01:03:27,760
» And that shows 12 ft from the property

1667
01:03:27,760 --> 01:03:29,320
line to the building.

1668
01:03:29,320 --> 01:03:31,760
>> Right.

1669
01:03:31,760 --> 01:03:35,408
>> Um

1670
01:03:35,418 --> 01:03:40,470
» [snorts]

1671
01:03:40,480 --> 01:03:42,760
» And said he did you issue him another

1672
01:03:42,760 --> 01:03:44,720
permit?

1673
01:03:44,720 --> 01:03:46,520
>> Well, I did

1674
01:03:46,520 --> 01:04:11,510
uh later in June.

1675
01:04:11,520 --> 01:04:14,720
» So Mr. Rothrock, he went out there to see if there was

1676
01:04:14,720 --> 01:04:16,040
work or initially you went out there to

1677
01:04:16,040 --> 01:04:17,480
see if there was work being done without

1678
01:04:17,480 --> 01:04:18,760
a permit.

1679
01:04:18,760 --> 01:04:20,240
There was.

1680
01:04:20,240 --> 01:04:22,720
He talked to Mr. Swearingen.

1681
01:04:22,720 --> 01:04:23,800
Um

1682
01:04:23,800 --> 01:04:25,200
he told him he just needed to get the

1683
01:04:25,200 --> 01:04:26,440
permit

1684
01:04:26,440 --> 01:04:28,240
and get back up to speed with the

1685
01:04:28,240 --> 01:04:30,040
legalities. Is that

1686
01:04:30,040 --> 01:04:31,840
>> That's correct. Yes, sir.

1687
01:04:31,840 --> 01:04:33,720
>> Get your permit

1688
01:04:33,720 --> 01:04:36,000
and put the building um

1689
01:04:36,000 --> 01:04:37,880
outside the setback.

1690
01:04:37,880 --> 01:04:40,200
And every everything was forgiven as far

1691
01:04:40,200 --> 01:04:41,600
as starting was out of line. Is that

1692
01:04:41,600 --> 01:04:42,640
what you said?

1693
01:04:42,640 --> 01:04:44,560
>> Right.

1694
01:04:44,560 --> 01:04:45,320
Well,

1695
01:04:45,320 --> 01:04:50,110
yes.

1696
01:04:50,120 --> 01:04:51,720
» The permit was issued to him on June

1697
01:04:51,720 --> 01:04:53,120
24th this year.

1698
01:04:53,120 --> 01:05:00,870
>> Right.

1699
01:05:00,880 --> 01:05:04,160
» So at some point the building got built

1700
01:05:04,160 --> 01:05:08,080
and it got built within the setback.

1701
01:05:08,080 --> 01:05:12,750
>> Yes.

1702
01:05:12,760 --> 01:05:16,270
» Um

1703
01:05:16,280 --> 01:05:18,400
said Mr. Serrated contacted the planning

1704
01:05:18,400 --> 01:05:20,160
and inspections office and indicated the

1705
01:05:20,160 --> 01:05:22,600
structure had been built in the left

1706
01:05:22,600 --> 01:05:25,480
rear corner encroached into the setback

1707
01:05:25,480 --> 01:05:27,480
18 inches or so.

1708
01:05:27,480 --> 01:05:28,840
Did you talk to him?

1709
01:05:28,840 --> 01:05:30,360
>> Or did the Brian talk to him?

1710
01:05:30,360 --> 01:05:31,280
>> I talked to him.

1711
01:05:31,280 --> 01:05:33,920
>> Yeah, Brian had all the conversations

1712
01:05:33,920 --> 01:05:51,150
since then.

1713
01:05:51,160 --> 01:05:53,120
» So, Mr. Johnson, you you told Mr.

1714
01:05:53,120 --> 01:05:54,280
Serrated he was going to have to move

1715
01:05:54,280 --> 01:05:57,440
the the building part of the structure.

1716
01:05:57,440 --> 01:05:58,000
>> That's correct.

1717
01:05:58,000 --> 01:06:04,030
>> Okay.

1718
01:06:04,040 --> 01:06:06,200
Did he

1719
01:06:06,200 --> 01:06:07,720
When you had that conversation, you

1720
01:06:07,720 --> 01:06:08,800
called

1721
01:06:08,800 --> 01:06:10,040
said, "Well, it's built in the back."

1722
01:06:10,040 --> 01:06:11,640
It's in the setback. Did you ask him why

1723
01:06:11,640 --> 01:06:13,930
he built it in the setback?

1724
01:06:13,930 --> 01:06:14,880
>> [clears throat]

1725
01:06:14,880 --> 01:06:16,400
>> I don't know if I asked him that

1726
01:06:16,400 --> 01:06:18,080
specific question. I told him it needed

1727
01:06:18,080 --> 01:06:29,830
to be moved to meet setback.

1728
01:06:29,840 --> 01:06:33,520
» And you said you had a meeting.

1729
01:06:33,520 --> 01:06:36,200
I said Mr. Tony H.E. Withers met with

1730
01:06:36,200 --> 01:06:37,960
staff. Were you the staff that met with

1731
01:06:37,960 --> 01:06:38,960
him?

1732
01:06:38,960 --> 01:06:40,880
>> It was me and Kevin.

1733
01:06:40,880 --> 01:06:42,440
>> At that time.

1734
01:06:42,440 --> 01:06:44,720
>> Who we calling?

1735
01:06:44,720 --> 01:06:46,240
>> And what was your understanding of Mr.

1736
01:06:46,240 --> 01:06:48,080
Withers' role? Was he just a friend

1737
01:06:48,080 --> 01:06:49,480
helping out Mr. Serrated?

1738
01:06:49,480 --> 01:06:49,880
>> Yes.

1739
01:06:49,880 --> 01:06:55,270
>> Okay.

1740
01:06:55,280 --> 01:06:58,040
» Just maybe for for the record going back

1741
01:06:58,040 --> 01:06:59,800
into zone to make Kevin's point out

1742
01:06:59,800 --> 01:07:01,200
there was

1743
01:07:01,200 --> 01:07:03,320
um

1744
01:07:03,320 --> 01:07:05,000
Mr. Serrated had

1745
01:07:05,000 --> 01:07:07,760
explored

1746
01:07:07,760 --> 01:07:09,880
possibility easements, moving property

1747
01:07:09,880 --> 01:07:11,200
lines.

1748
01:07:11,200 --> 01:07:12,040
Uh

1749
01:07:12,040 --> 01:07:14,240
the property adjacent to him on that

1750
01:07:14,240 --> 01:07:15,920
side is vacant.

1751
01:07:15,920 --> 01:07:17,720
And I think he he told me he'd had some

1752
01:07:17,720 --> 01:07:19,280
conversation with the previous owner,

1753
01:07:19,280 --> 01:07:21,360
maybe wanted to buy the lot.

1754
01:07:21,360 --> 01:07:22,560
Um

1755
01:07:22,560 --> 01:07:24,400
So I I'd put in the zoning to permit

1756
01:07:24,400 --> 01:07:25,360
that.

1757
01:07:25,360 --> 01:07:26,520
Um

1758
01:07:26,520 --> 01:07:28,080
you know, continue those talks. I mean,

1759
01:07:28,080 --> 01:07:29,280
you know, and I kind of give him some

1760
01:07:29,280 --> 01:07:30,800
parameters of

1761
01:07:30,800 --> 01:07:32,520
if it's you know, the number one an

1762
01:07:32,520 --> 01:07:35,880
easement can't be an offset here for the property

1763
01:07:35,880 --> 01:07:38,560
line moving, it could. And I advised him

1764
01:07:38,560 --> 01:07:39,920
that's a possibility if you got

1765
01:07:39,920 --> 01:07:41,760
permission. It'd have to be a

1766
01:07:41,760 --> 01:07:44,880
you know, lot line adjustment. You've got a minimum

1767
01:07:44,880 --> 01:07:46,720
lot size you'd have to maintain over

1768
01:07:46,720 --> 01:07:47,760
here.

1769
01:07:47,760 --> 01:07:49,520
And I think that just that's that's the

1770
01:07:49,520 --> 01:07:51,040
last conversation I had with that. And I

1771
01:07:51,040 --> 01:07:53,960
know he was exploring that on that side.

1772
01:07:53,960 --> 01:07:56,360
>> Before it was built?

1773
01:07:56,360 --> 01:07:58,000
>> No, this this was after he had received

1774
01:07:58,000 --> 01:08:01,320
the permit and we had that discussion.

1775
01:08:01,320 --> 01:08:02,440
>> Now,

1776
01:08:02,440 --> 01:08:04,040
I I think

1777
01:08:04,040 --> 01:08:06,160
Let me clarify if I could.

1778
01:08:06,160 --> 01:08:07,520
>> Sure.

1779
01:08:07,520 --> 01:08:09,320
>> I think at one point

1780
01:08:09,320 --> 01:08:11,520
Mr. Before Mr. Seretti built it, he

1781
01:08:11,520 --> 01:08:14,160
wanted to line up the building on the

1782
01:08:14,160 --> 01:08:17,440
pad. And we found out the pad was into

1783
01:08:17,440 --> 01:08:18,920
the setback.

1784
01:08:18,920 --> 01:08:20,880
And we said, "Well, the only way you can

1785
01:08:20,880 --> 01:08:22,920
do that is to move the line the property

1786
01:08:22,920 --> 01:08:24,319
line. And if you can talk to the

1787
01:08:24,319 --> 01:08:27,400
neighbor about making a jog in the line

1788
01:08:27,400 --> 01:08:28,839
and doing a lot line revision to

1789
01:08:28,839 --> 01:08:31,080
accommodate that, you could." And then

1790
01:08:31,080 --> 01:08:33,440
he was exploring that as an option or

1791
01:08:33,440 --> 01:08:35,799
buying the property next door.

1792
01:08:35,799 --> 01:08:36,880
Um

1793
01:08:36,880 --> 01:08:40,720
where he could do that himself. And then

1794
01:08:40,720 --> 01:08:42,640
I think that didn't didn't work out. And

1795
01:08:42,640 --> 01:08:45,759
so then the the permit reflected

1796
01:08:45,759 --> 01:08:48,240
that conversation. If you can move that,

1797
01:08:48,240 --> 01:08:49,960
then you can do that. If not, the

1798
01:08:49,960 --> 01:08:51,759
building needs to meet the setback.

1799
01:08:51,759 --> 01:08:53,520
>> Do you have a copy of the permit here?

1800
01:08:53,520 --> 01:08:54,600
>> Yeah.

1801
01:08:54,600 --> 01:08:57,279
>> Can you put it up there so we can see?

1802
01:08:57,279 --> 01:08:59,160
>> Uh we'll make copies. We'll make copies

1803
01:08:59,160 --> 01:09:00,720
for you.

1804
01:09:00,720 --> 01:09:02,400
It's probably Mr. Mr. Seretti can

1805
01:09:02,400 --> 01:09:04,200
correct me if we're wrong. And I think

1806
01:09:04,200 --> 01:09:05,720
we may have if I'm wrong. And I think we

1807
01:09:05,720 --> 01:09:06,920
may have discussed that when he had

1808
01:09:06,920 --> 01:09:08,880
called that afternoon. Received the

1809
01:09:08,880 --> 01:09:10,799
permit that he may still be exploring

1810
01:09:10,799 --> 01:09:11,640
that.

1811
01:09:11,640 --> 01:09:12,920
I don't know what his options are going

1812
01:09:12,920 --> 01:09:17,309
to be with the next uh

1813
01:09:17,319 --> 01:09:18,839
» we hear from Mr. Schrader?

1814
01:09:18,839 --> 01:09:20,279
>> Um we're going to wait until we get

1815
01:09:20,279 --> 01:09:27,190
through with that.

1816
01:09:27,200 --> 01:09:29,520
Well, well, I'm going to see this zoning

1817
01:09:29,520 --> 01:09:31,680
application.

1818
01:09:31,680 --> 01:09:34,240
On the permit.

1819
01:09:34,240 --> 01:09:35,520
I don't know about the rest of it, but

1820
01:09:35,520 --> 01:09:37,880
I'm very confused.

1821
01:09:37,880 --> 01:09:39,359
This is

1822
01:09:39,359 --> 01:09:41,040
extremely confusing.

1823
01:09:41,040 --> 01:09:46,990
>> Okay.

1824
01:09:47,000 --> 01:09:48,759
Is there something we can answer to so

1825
01:09:48,759 --> 01:09:51,319
that you're not confused? Is there a

1826
01:09:51,319 --> 01:09:52,839
something that we can give you more

1827
01:09:52,839 --> 01:09:54,680
information? You you've helped me out. I

1828
01:09:54,680 --> 01:09:59,510
think I'm up to speed on it now.

1829
01:09:59,520 --> 01:10:03,270
I just

1830
01:10:03,280 --> 01:10:05,320
wonder how confusing this process was to

1831
01:10:05,320 --> 01:10:09,800
Mr. Schrader. And I'll ask you that when we get to you in just a minute.

1832
01:10:09,800 --> 01:10:12,680
Let's take a look at this

1833
01:10:12,680 --> 01:10:41,070
zoning permit.

1834
01:10:41,080 --> 01:11:03,990
» Thank you.

1835
01:11:04,000 --> 01:11:07,760
» As you review the zoning permit

1836
01:11:07,760 --> 01:11:11,120
comments two through eight are typical

1837
01:11:11,120 --> 01:11:12,720
zoning comments we apply on the whole

1838
01:11:12,720 --> 01:11:14,800
permits it's just

1839
01:11:14,800 --> 01:11:16,800
trying to cover some highlights of the

1840
01:11:16,800 --> 01:11:19,320
ordinance that's typically

1841
01:11:19,320 --> 01:11:20,720
I need to be addressed or commonly

1842
01:11:20,720 --> 01:11:24,640
addressed on projects single family homes.

1843
01:11:24,640 --> 01:11:26,600
What you see read

1844
01:11:26,600 --> 01:11:28,520
was kind of the discussion that we had

1845
01:11:28,520 --> 01:11:29,320
with

1846
01:11:29,320 --> 01:11:30,520
as far as we had

1847
01:11:30,520 --> 01:11:33,310
Mrs. Reagan.

1848
01:11:33,320 --> 01:11:35,539
» Okay.

1849
01:11:35,539 --> 01:11:35,800
>> [clears throat]

1850
01:11:35,800 --> 01:11:43,590
>> Um

1851
01:11:43,600 --> 01:11:46,080
Okay. Just a few more questions.

1852
01:11:46,080 --> 01:11:48,160
Mr. Johnson or Mr. Roth

1853
01:11:48,160 --> 01:11:50,280
Rothrock either one.

1854
01:11:50,280 --> 01:12:04,550
Um

1855
01:12:04,560 --> 01:12:05,760
The um

1856
01:12:05,760 --> 01:12:08,000
Blowing Rock ordinance section

1857
01:12:08,000 --> 01:12:10,080
that controls the side setbacks is

1858
01:12:10,080 --> 01:12:12,840
16-12.4.

1859
01:12:12,840 --> 01:12:14,520
>> Yes.

1860
01:12:14,520 --> 01:12:16,480
>> And it says that in R-15 the side

1861
01:12:16,480 --> 01:12:18,680
setback is to be 12 ft.

1862
01:12:18,680 --> 01:12:57,350
>> That's right.

1863
01:12:57,360 --> 01:13:00,400
» The accessory building as it is sitting

1864
01:13:00,400 --> 01:13:04,310
there now.

1865
01:13:04,320 --> 01:13:05,800
And if it stayed this

1866
01:13:05,800 --> 01:13:08,040
would it impair emergency vehicles such

1867
01:13:08,040 --> 01:13:11,200
as fire trucks and ambulances?

1868
01:13:11,200 --> 01:13:14,630
>> No.

1869
01:13:14,640 --> 01:13:16,080
» And if the

1870
01:13:16,080 --> 01:13:17,760
building stays where it is now, would it

1871
01:13:17,760 --> 01:13:20,120
create a fire hazard?

1872
01:13:20,120 --> 01:13:23,470
>> No.

1873
01:13:23,480 --> 01:13:24,920
» And if the building stays where it is

1874
01:13:24,920 --> 01:13:27,240
now, would it block or impede visibility

1875
01:13:27,240 --> 01:13:28,720
on any street or highway?

1876
01:13:28,720 --> 01:13:32,710
>> No.

1877
01:13:32,720 --> 01:13:34,120
» And if the building stays where it is

1878
01:13:34,120 --> 01:13:35,840
now, would it be contrary to public

1879
01:13:35,840 --> 01:13:37,520
health or safety in any way that you are

1880
01:13:37,520 --> 01:13:42,470
aware of?

1881
01:13:42,480 --> 01:13:47,841
» I don't know.

1882
01:13:47,851 --> 01:14:00,390
» [snorts]

1883
01:14:00,400 --> 01:14:03,960
» The property there, 369 Cherry Acre

1884
01:14:03,960 --> 01:14:05,640
Circle.

1885
01:14:05,640 --> 01:14:09,240
Are you Are you aware of any um

1886
01:14:09,240 --> 01:14:11,000
serious problems with the lot that would

1887
01:14:11,000 --> 01:14:12,560
make construction

1888
01:14:12,560 --> 01:14:13,920
um

1889
01:14:13,920 --> 01:14:15,960
of this building

1890
01:14:15,960 --> 01:14:17,400
extremely difficult?

1891
01:14:17,400 --> 01:14:22,550
>> No.

1892
01:14:22,560 --> 01:14:23,800
» Do you think this building could have

1893
01:14:23,800 --> 01:14:25,920
been built in

1894
01:14:25,920 --> 01:14:26,600
uh

1895
01:14:26,600 --> 01:14:28,200
other places on the lot without

1896
01:14:28,200 --> 01:14:31,790
achieving any setback?

1897
01:14:31,800 --> 01:14:34,470
» Yes.

1898
01:14:34,480 --> 01:14:36,560
» Including closer to the house, just

1899
01:14:36,560 --> 01:14:37,640
getting closer to the house.

1900
01:14:37,640 --> 01:14:46,230
>> Yes.

1901
01:14:46,240 --> 01:14:47,880
» Would you say there are any unique

1902
01:14:47,880 --> 01:14:50,520
features to the property at 369

1903
01:14:50,520 --> 01:14:52,080
Terry Circle?

1904
01:14:52,080 --> 01:14:53,680
>> It's

1905
01:14:53,680 --> 01:14:55,120
Terry Acres Circle.

1906
01:14:55,120 --> 01:14:56,600
>> Are there any unique features? Is that

1907
01:14:56,600 --> 01:14:58,600
what you asked?

1908
01:14:58,600 --> 01:15:00,080
Did you ask are there any unique

1909
01:15:00,080 --> 01:15:00,720
features?

1910
01:15:00,720 --> 01:15:02,840
>> any unique features of the of the whole

1911
01:15:02,840 --> 01:15:04,160
lot that you're aware of?

1912
01:15:04,160 --> 01:15:05,797
>> No.

1913
01:15:05,797 --> 01:15:19,990
>> [snorts]

1914
01:15:20,000 --> 01:15:21,960
» I don't have any further questions. Any

1915
01:15:21,960 --> 01:15:23,360
board member at this point have any

1916
01:15:23,360 --> 01:15:25,600
further questions to Mr. Rothrock or Mr.

1917
01:15:25,600 --> 01:15:26,320
Johnson?

1918
01:15:26,320 --> 01:15:26,920
>> No.

1919
01:15:26,920 --> 01:15:28,600
>> Mr. Shredder, do you want to ask him any

1920
01:15:28,600 --> 01:15:30,520
questions?

1921
01:15:30,520 --> 01:15:31,960
>> I want to make some clarification

1922
01:15:31,960 --> 01:15:33,880
statements.

1923
01:15:33,880 --> 01:15:35,280
>> If you don't have any questions to them,

1924
01:15:35,280 --> 01:15:39,830
we're ready to hear from you.

1925
01:15:39,840 --> 01:15:41,480
Come on up and take Mr.

1926
01:15:41,480 --> 01:15:45,550
Rothrock's place.

1927
01:15:45,560 --> 01:15:46,840
And Mr. Withers?

1928
01:15:46,840 --> 01:15:47,520
>> Yes, sir.

1929
01:15:47,520 --> 01:15:49,680
>> What's your role in all of this?

1930
01:15:49,680 --> 01:15:50,280
>> I'm [clears throat] going to tell you

1931
01:15:50,280 --> 01:15:53,470
all that.

1932
01:15:53,480 --> 01:15:54,880
You're still hot, man. I'm about to

1933
01:15:54,880 --> 01:15:56,640
freeze. So, if I'm shaking a little bit,

1934
01:15:56,640 --> 01:15:58,440
it's cuz I'm cold.

1935
01:15:58,440 --> 01:16:00,040
Um

1936
01:16:00,040 --> 01:16:02,520
My name's Tony Withers. Um

1937
01:16:02,520 --> 01:16:05,320
I'm just a personal friend of Fred's.

1938
01:16:05,320 --> 01:16:08,480
Um I'm not I'm I'm a registered

1939
01:16:08,480 --> 01:16:11,952
professional engineer. Uh retired.

1940
01:16:11,952 --> 01:16:12,040
>> [clears throat]

1941
01:16:12,040 --> 01:16:13,880
>> I'm not representing anybody

1942
01:16:13,880 --> 01:16:15,920
professionally other than Fred who's my

1943
01:16:15,920 --> 01:16:17,680
Mr. Fred who's my friend, been friend

1944
01:16:17,680 --> 01:16:19,480
for a long, long time.

1945
01:16:19,480 --> 01:16:21,560
And we've been coming up here

1946
01:16:21,560 --> 01:16:23,600
to his place, very nice place, for 4 or

1947
01:16:23,600 --> 01:16:25,880
5 or 6 years since he bought it.

1948
01:16:25,880 --> 01:16:27,960
And

1949
01:16:27,960 --> 01:16:29,280
um

1950
01:16:29,280 --> 01:16:31,800
I apologize for the informality of the

1951
01:16:31,800 --> 01:16:34,200
application. I think it had covered all

1952
01:16:34,200 --> 01:16:35,360
the information that needed to be

1953
01:16:35,360 --> 01:16:36,840
covered. And I think

1954
01:16:36,840 --> 01:16:38,600
pictures I took and showed, I think I

1955
01:16:38,600 --> 01:16:40,440
can answer some of the questions or all

1956
01:16:40,440 --> 01:16:42,720
the you've presented.

1957
01:16:42,720 --> 01:16:44,048
Um

1958
01:16:44,048 --> 01:16:46,270
>> [clears throat]

1959
01:16:46,280 --> 01:16:48,840
» And we don't have any issues with Brian

1960
01:16:48,840 --> 01:16:50,480
and Kevin or anything they've done.

1961
01:16:50,480 --> 01:16:52,080
Everything's been fine, perfect. They've

1962
01:16:52,080 --> 01:16:53,800
been great to work with. No issues

1963
01:16:53,800 --> 01:16:55,120
there. I want to make that perfectly

1964
01:16:55,120 --> 01:16:56,400
clear.

1965
01:16:56,400 --> 01:16:57,840
Uh they represent the town very, very

1966
01:16:57,840 --> 01:17:00,280
well and we appreciate that.

1967
01:17:00,280 --> 01:17:02,040
So, Fred is a friend of mine. I came up

1968
01:17:02,040 --> 01:17:04,120
here. He bought a house on Terry Acre

1969
01:17:04,120 --> 01:17:06,000
Circle. After a few years, he wanted to

1970
01:17:06,000 --> 01:17:08,200
pave his driveway. So, he did us, you

1971
01:17:08,200 --> 01:17:09,800
know, crackerjack job and fixed his

1972
01:17:09,800 --> 01:17:11,160
driveway up with the retaining walls and

1973
01:17:11,160 --> 01:17:13,360
everything. It looked so good, he

1974
01:17:13,360 --> 01:17:15,680
thought he would expand with contractor

1975
01:17:15,680 --> 01:17:19,160
into a patio, which kind of evolved

1976
01:17:19,160 --> 01:17:22,240
into a patio, which then kind of evolved

1977
01:17:22,240 --> 01:17:25,320
into an accessory building. Um

1978
01:17:25,320 --> 01:17:27,240
I wasn't really involved in this process

1979
01:17:27,240 --> 01:17:28,720
other than just talking to Fred during

1980
01:17:28,720 --> 01:17:30,160
the process.

1981
01:17:30,160 --> 01:17:32,080
It takes time to get things done up here

1982
01:17:32,080 --> 01:17:33,760
with contractors.

1983
01:17:33,760 --> 01:17:36,480
And I will tell you that Fred is a IBM

1984
01:17:36,480 --> 01:17:40,200
career IBM employee and CPA and probably

1985
01:17:40,200 --> 01:17:42,960
not as familiar with this type of stuff

1986
01:17:42,960 --> 01:17:45,000
as you are, as I am, having been in this

1987
01:17:45,000 --> 01:17:46,520
business for a long time. Planning and

1988
01:17:46,520 --> 01:17:48,920
zoning and setbacks and all those things

1989
01:17:48,920 --> 01:17:51,680
are very important in our

1990
01:17:51,680 --> 01:17:52,960
arena.

1991
01:17:52,960 --> 01:17:55,080
You know, here again, the the general

1992
01:17:55,080 --> 01:17:57,360
public is not aware

1993
01:17:57,360 --> 01:18:00,240
of property surveys, of setbacks, of all

1994
01:18:00,240 --> 01:18:02,120
these zoning issues that that you guys

1995
01:18:02,120 --> 01:18:04,240
deal with all the time.

1996
01:18:04,240 --> 01:18:06,360
Um

1997
01:18:06,360 --> 01:18:08,280
I would also say that Fred is active in

1998
01:18:08,280 --> 01:18:11,360
the community, makes donations for the

1999
01:18:11,360 --> 01:18:13,680
flowers. He's a he's a, you know, a

2000
01:18:13,680 --> 01:18:15,040
solid

2001
01:18:15,040 --> 01:18:17,360
citizen about 40% of the year in Blowing

2002
01:18:17,360 --> 01:18:18,360
Rock.

2003
01:18:18,360 --> 01:18:20,640
Um I think that's important

2004
01:18:20,640 --> 01:18:21,760
to point out.

2005
01:18:21,760 --> 01:18:24,390
Um

2006
01:18:24,400 --> 01:18:26,480
I don't think I think we've

2007
01:18:26,480 --> 01:18:32,000
The property line is not parallel to the house, which is one thing that I

2008
01:18:32,000 --> 01:18:33,160
think could create a little bit of an

2009
01:18:33,160 --> 01:18:34,480
issue.

2010
01:18:34,480 --> 01:18:37,200
Um and And was never a a

2011
01:18:37,200 --> 01:18:39,480
boundary survey of the property. We do

2012
01:18:39,480 --> 01:18:40,640
have a pretty good idea what the

2013
01:18:40,640 --> 01:18:42,280
property line was and I think these

2014
01:18:42,280 --> 01:18:43,880
measurements on there were within a few

2015
01:18:43,880 --> 01:18:45,040
inches of the property and it was close

2016
01:18:45,040 --> 01:18:47,320
enough for government purposes.

2017
01:18:47,320 --> 01:18:49,000
Um if we're down to inches then we're

2018
01:18:49,000 --> 01:18:51,080
probably not, but I think a 24-in

2019
01:18:51,080 --> 01:18:53,000
encroachment is probably

2020
01:18:53,000 --> 01:18:55,120
sufficient for what's needed

2021
01:18:55,120 --> 01:18:56,680
without wanting to do the expensive

2022
01:18:56,680 --> 01:18:58,480
additional survey.

2023
01:18:58,480 --> 01:19:00,280
So anyway, we came up here and and as I

2024
01:19:00,280 --> 01:19:02,000
learned more and more about this and

2025
01:19:02,000 --> 01:19:04,200
Fred got into the situation and working

2026
01:19:04,200 --> 01:19:05,480
through this, he was getting ready to

2027
01:19:05,480 --> 01:19:07,040
spend a lot of money moving the house

2028
01:19:07,040 --> 01:19:08,880
and tearing it down and do whatever he

2029
01:19:08,880 --> 01:19:10,800
needs to do to modify

2030
01:19:10,800 --> 01:19:12,120
you know, I made the comment in why

2031
01:19:12,120 --> 01:19:13,520
don't we at least ask the Board of

2032
01:19:13,520 --> 01:19:15,680
Adjustments for a 24-in encroachment and

2033
01:19:15,680 --> 01:19:17,680
do a 12-ft setback. I felt like it was a

2034
01:19:17,680 --> 01:19:19,560
reasonable request

2035
01:19:19,560 --> 01:19:21,520
uh to do. So I put together the

2036
01:19:21,520 --> 01:19:23,840
application and met with Brian Kevin and

2037
01:19:23,840 --> 01:19:25,240
that's what I did and submitted it and

2038
01:19:25,240 --> 01:19:28,880
that's why we're here right now. Um

2039
01:19:28,880 --> 01:19:30,520
So based on that,

2040
01:19:30,520 --> 01:19:33,440
I would say that um the variance is

2041
01:19:33,440 --> 01:19:35,000
minimal.

2042
01:19:35,000 --> 01:19:37,120
I would say it creates no impact on the

2043
01:19:37,120 --> 01:19:39,320
neighborhood properties.

2044
01:19:39,320 --> 01:19:40,920
I would say it's consistent with the

2045
01:19:40,920 --> 01:19:43,040
character of the neighborhood.

2046
01:19:43,040 --> 01:19:44,360
I would say

2047
01:19:44,360 --> 01:19:47,440
the topo and existing site conditions

2048
01:19:47,440 --> 01:19:49,360
including the the line that's skewed to

2049
01:19:49,360 --> 01:19:52,040
the to the house which creates a problem

2050
01:19:52,040 --> 01:19:53,640
at the rear of the the building not the

2051
01:19:53,640 --> 01:19:54,920
front of the building.

2052
01:19:54,920 --> 01:19:55,880
Um

2053
01:19:55,880 --> 01:20:01,120
might might impact some of the reason for the encroachment.

2054
01:20:01,120 --> 01:20:03,040
Uh I would say the variance will not

2055
01:20:03,040 --> 01:20:05,040
impair public safety

2056
01:20:05,040 --> 01:20:06,760
or interfere with

2057
01:20:06,760 --> 01:20:09,080
the purpose of the zoning ordinance.

2058
01:20:09,080 --> 01:20:10,880
I would say the variance is minimal

2059
01:20:10,880 --> 01:20:12,880
minimally needed for the relief

2060
01:20:12,880 --> 01:20:15,320
requested and the converging lot as I

2061
01:20:15,320 --> 01:20:17,520
said presented a little bit of a typical

2062
01:20:17,520 --> 01:20:19,560
situation.

2063
01:20:19,560 --> 01:20:21,560
Um

2064
01:20:21,560 --> 01:20:23,280
And I would say based upon my experience

2065
01:20:23,280 --> 01:20:25,360
in the business this business

2066
01:20:25,360 --> 01:20:28,040
representing other property owners on a

2067
01:20:28,040 --> 01:20:30,200
multitude of issues like this

2068
01:20:30,200 --> 01:20:31,600
that I don't see any real benefit in

2069
01:20:31,600 --> 01:20:35,000
making Fred spend a whole bunch of money

2070
01:20:35,000 --> 01:20:37,200
and

2071
01:20:37,200 --> 01:20:39,720
the hardship to modify an existing

2072
01:20:39,720 --> 01:20:42,080
well-built building that is attractive,

2073
01:20:42,080 --> 01:20:43,800
matches the house in colors and

2074
01:20:43,800 --> 01:20:46,200
architectural

2075
01:20:46,200 --> 01:20:47,600
standards

2076
01:20:47,600 --> 01:20:50,080
for an outbuilding with just a corner

2077
01:20:50,080 --> 01:20:52,400
that's only encroaching about 20 in into

2078
01:20:52,400 --> 01:20:55,120
the setback line to meet the code when

2079
01:20:55,120 --> 01:20:57,600
no malicious intent was intended.

2080
01:20:57,600 --> 01:20:59,360
Um

2081
01:20:59,360 --> 01:21:01,080
I would just say that you know, an error

2082
01:21:01,080 --> 01:21:03,080
was made. There was no question about

2083
01:21:03,080 --> 01:21:06,120
that. Um but I just think it's a it's a

2084
01:21:06,120 --> 01:21:08,000
hardship on him

2085
01:21:08,000 --> 01:21:09,400
to have to spend that for something

2086
01:21:09,400 --> 01:21:11,360
that's that minimal. Um

2087
01:21:11,360 --> 01:21:14,630
it doesn't impact

2088
01:21:14,640 --> 01:21:16,240
any of the adjacent neighbors for all

2089
01:21:16,240 --> 01:21:18,520
the reasons we talked about. Um

2090
01:21:18,520 --> 01:21:19,840
I think the letter of the law has

2091
01:21:19,840 --> 01:21:22,080
definitely been violated, but I think

2092
01:21:22,080 --> 01:21:23,920
the spirit of the law and the intent of

2093
01:21:23,920 --> 01:21:25,560
the law was certainly this is certainly

2094
01:21:25,560 --> 01:21:27,040
except.

2095
01:21:27,040 --> 01:21:29,000
And I'll welcome any questions or

2096
01:21:29,000 --> 01:21:30,600
comments or thoughts that I need to

2097
01:21:30,600 --> 01:21:33,760
explain any of these

2098
01:21:33,760 --> 01:21:34,680
uh

2099
01:21:34,680 --> 01:21:36,400
pictures that we put up. He's He's

2100
01:21:36,400 --> 01:21:37,800
certainly proud of his property and

2101
01:21:37,800 --> 01:21:42,320
enjoys his property and he's done very nice job. He's improved the value

2102
01:21:42,320 --> 01:21:44,520
of the property substantially, which I'm

2103
01:21:44,520 --> 01:21:46,080
sure will be collected in future

2104
01:21:46,080 --> 01:21:48,160
property tax uh

2105
01:21:48,160 --> 01:21:49,680
to the town.

2106
01:21:49,680 --> 01:21:51,520
So, um

2107
01:21:51,520 --> 01:21:53,320
anyway, that's all I've got. If you've

2108
01:21:53,320 --> 01:21:54,560
got any questions for me and then if

2109
01:21:54,560 --> 01:21:56,120
Fred feels like he needs to answer any

2110
01:21:56,120 --> 01:21:56,960
questions.

2111
01:21:56,960 --> 01:21:58,360
>> We have some questions, but first of

2112
01:21:58,360 --> 01:22:00,200
all, I'll ask the representative from

2113
01:22:00,200 --> 01:22:02,400
the town if you have any questions of

2114
01:22:02,400 --> 01:22:04,600
Mr. Weathers, Dave, Mr. Johnson.

2115
01:22:04,600 --> 01:22:06,720
Mr. Rothrock, any board member have any

2116
01:22:06,720 --> 01:22:08,280
questions of him?

2117
01:22:08,280 --> 01:22:10,840
>> Tell me one thing that I thought about.

2118
01:22:10,840 --> 01:22:12,960
How much along the wall is in the

2119
01:22:12,960 --> 01:22:14,880
encroachment? I mean, how how how many

2120
01:22:14,880 --> 01:22:17,040
feet in down the line?

2121
01:22:17,040 --> 01:22:18,040
For example.

2122
01:22:18,040 --> 01:22:19,520
>> I'll explain what Okay, stop right

2123
01:22:19,520 --> 01:22:22,040
there. The line comes down like this.

2124
01:22:22,040 --> 01:22:22,480
>> Uh-huh.

2125
01:22:22,480 --> 01:22:24,480
>> The front corner of the building, which

2126
01:22:24,480 --> 01:22:27,160
is up here, is is right there.

2127
01:22:27,160 --> 01:22:27,640
>> Right there.

2128
01:22:27,640 --> 01:22:29,120
>> When you get to right there, you're

2129
01:22:29,120 --> 01:22:31,320
about a ft so now we're going into the

2130
01:22:31,320 --> 01:22:34,190
building. So that

2131
01:22:34,200 --> 01:22:36,000
and it looks like that's about 4 ft so I

2132
01:22:36,000 --> 01:22:38,840
think we're going to foundation issues

2133
01:22:38,840 --> 01:22:41,080
based on that.

2134
01:22:41,080 --> 01:22:44,600
Take measure of that later just to get a

2135
01:22:44,600 --> 01:22:49,030
I was trying to represent where it hit.

2136
01:22:49,040 --> 01:22:52,320
Now this built where you're so I'm not

2137
01:22:52,320 --> 01:22:53,640
it's probably about halfway down the

2138
01:22:53,640 --> 01:22:55,120
building.

2139
01:22:55,120 --> 01:22:56,640
Yeah, I'd say about halfway is probably

2140
01:22:56,640 --> 01:22:57,560
good.

2141
01:22:57,560 --> 01:22:59,080
Maybe halfway. And then if you want to

2142
01:22:59,080 --> 01:23:00,760
go to the other one and if you maybe

2143
01:23:00,760 --> 01:23:01,640
you'll understand the rest of the

2144
01:23:01,640 --> 01:23:03,360
pictures. Yeah,

2145
01:23:03,360 --> 01:23:05,160
I got it. I'm trying to graphically You

2146
01:23:05,160 --> 01:23:06,600
got what I wanted though. You got what I

2147
01:23:06,600 --> 01:23:07,440
wanted.

2148
01:23:07,440 --> 01:23:09,880
Thank you. Anything else Mr. Miguel?

2149
01:23:09,880 --> 01:23:11,520
No waiting. And if the board member have

2150
01:23:11,520 --> 01:23:13,120
any questions for

2151
01:23:13,120 --> 01:23:14,760
Who built it? I don't know who the

2152
01:23:14,760 --> 01:23:17,040
contractor was.

2153
01:23:17,040 --> 01:23:18,480
And the contractor

2154
01:23:18,480 --> 01:23:19,960
okay.

2155
01:23:19,960 --> 01:23:22,400
You did hire a contractor? Yes, we did.

2156
01:23:22,400 --> 01:23:25,040
Who was the contractor?

2157
01:23:25,040 --> 01:23:26,840
And the name of the contractor do you

2158
01:23:26,840 --> 01:23:28,080
remember what his name is?

2159
01:23:28,080 --> 01:23:29,200
Sure, yeah.

2160
01:23:29,200 --> 01:23:30,600
Uh

2161
01:23:30,600 --> 01:23:32,640
I don't have my phone.

2162
01:23:32,640 --> 01:23:33,840
All right, we'll get we'll get back to

2163
01:23:33,840 --> 01:23:35,640
you in just a minute. Mr.

2164
01:23:35,640 --> 01:23:38,390
Um

2165
01:23:38,400 --> 01:23:40,720
H.E. Withers Mr. Tony Withers.

2166
01:23:40,720 --> 01:23:41,560
>> Yes, sir.

2167
01:23:41,560 --> 01:23:43,200
>> Do you mind if I get your address?

2168
01:23:43,200 --> 01:23:50,270
>> Uh I'm 6116 Oxfordshire Court, Raleigh.

2169
01:23:50,280 --> 01:23:54,280
» Oxfordshire Court, Raleigh.

2170
01:23:54,280 --> 01:23:56,120
>> I've been a practicing engineer in the

2171
01:23:56,120 --> 01:23:58,080
state of North Carolina for about

2172
01:23:58,080 --> 01:23:59,080
45 years.

2173
01:23:59,080 --> 01:24:00,160
>> Which is zip code?

2174
01:24:00,160 --> 01:24:02,000
>> 27606

2175
01:24:02,000 --> 01:24:03,760
>> Okay, what kind of engineer are you?

2176
01:24:03,760 --> 01:24:06,710
>> Civil.

2177
01:24:06,720 --> 01:24:09,480
» Were you visiting Mr. Serani before you

2178
01:24:09,480 --> 01:24:10,240
built all this?

2179
01:24:10,240 --> 01:24:11,720
>> I've been visiting since he bought the

2180
01:24:11,720 --> 01:24:14,080
house. I helped him

2181
01:24:14,080 --> 01:24:16,200
research the area.

2182
01:24:16,200 --> 01:24:20,000
>> And back back in the talking stages

2183
01:24:20,000 --> 01:24:21,480
why didn't you suggest to him that he

2184
01:24:21,480 --> 01:24:23,360
check to see if he needed a permit?

2185
01:24:23,360 --> 01:24:25,200
>> Um

2186
01:24:25,200 --> 01:24:27,480
I think we talked about permits during

2187
01:24:27,480 --> 01:24:28,960
the process.

2188
01:24:28,960 --> 01:24:31,240
You know, here again, I

2189
01:24:31,240 --> 01:24:33,160
that wasn't what I was You know, I would

2190
01:24:33,160 --> 01:24:35,760
come up from time to time and

2191
01:24:35,760 --> 01:24:37,840
driveway was dirt.

2192
01:24:37,840 --> 01:24:39,720
I ran my car into one of the rocks

2193
01:24:39,720 --> 01:24:41,920
that's sticking out of this wall.

2194
01:24:41,920 --> 01:24:43,680
Decided he needed to widen his driveway

2195
01:24:43,680 --> 01:24:45,400
and do a little better job with it. So,

2196
01:24:45,400 --> 01:24:46,800
he ended up

2197
01:24:46,800 --> 01:24:48,720
making lots of little projects. And he

2198
01:24:48,720 --> 01:24:50,840
was going to build a fire pit initially.

2199
01:24:50,840 --> 01:24:52,160
And then the fire pit all of a sudden

2200
01:24:52,160 --> 01:24:53,640
turned into

2201
01:24:53,640 --> 01:24:55,520
you know, a pretty big project. I was

2202
01:24:55,520 --> 01:24:57,200
surprised when I when I actually saw

2203
01:24:57,200 --> 01:24:59,720
what he ultimately built. I haven't

2204
01:24:59,720 --> 01:25:01,840
really been up there in a year.

2205
01:25:01,840 --> 01:25:03,320
All this was done since I've been up

2206
01:25:03,320 --> 01:25:05,480
here.

2207
01:25:05,480 --> 01:25:07,040
>> I don't have anything else. Anybody else

2208
01:25:07,040 --> 01:25:09,000
have any questions on

2209
01:25:09,000 --> 01:25:09,920
Um

2210
01:25:09,920 --> 01:25:11,720
Mr. Swerlick, can we hear from you?

2211
01:25:11,720 --> 01:25:12,720
>> I'd love to speak.

2212
01:25:12,720 --> 01:25:13,960
>> Come on up.

2213
01:25:13,960 --> 01:25:15,120
>> Okay.

2214
01:25:15,120 --> 01:25:19,710
>> Thank you.

2215
01:25:19,720 --> 01:25:24,910
Um

2216
01:25:24,920 --> 01:25:27,800
The contractor that you used can can

2217
01:25:27,800 --> 01:25:29,000
Juan

2218
01:25:29,000 --> 01:25:29,720
Um

2219
01:25:29,720 --> 01:25:32,200
Guzman Padilla.

2220
01:25:32,200 --> 01:25:35,640
J U A N

2221
01:25:35,640 --> 01:25:40,400
Guzman G U C M A N P A D I L L A

2222
01:25:40,400 --> 01:25:42,640
Padilla. I believe that's

2223
01:25:42,640 --> 01:25:50,360
Juan Guzman Padilla Padilla P A D I L L A

2224
01:25:50,360 --> 01:25:54,430
Okay.

2225
01:25:54,440 --> 01:25:58,870
Um

2226
01:25:58,880 --> 01:26:01,510
You've

2227
01:26:01,520 --> 01:26:03,000
been wanting to tell us one or two

2228
01:26:03,000 --> 01:26:05,320
things as we've been talking to the town

2229
01:26:05,320 --> 01:26:07,360
representatives. We talked to the

2230
01:26:07,360 --> 01:26:09,400
speaker today, so now

2231
01:26:09,400 --> 01:26:10,840
>> I would love to. Please.

2232
01:26:10,840 --> 01:26:13,800
>> Okay. So, this since we've kind of got

2233
01:26:13,800 --> 01:26:16,880
into this sidebar

2234
01:26:16,880 --> 01:26:17,600
and

2235
01:26:17,600 --> 01:26:19,480
retaining walls,

2236
01:26:19,480 --> 01:26:22,040
patio and all that. I want to go back a

2237
01:26:22,040 --> 01:26:23,600
little bit further in time when we

2238
01:26:23,600 --> 01:26:25,440
really started this project, which was

2239
01:26:25,440 --> 01:26:27,200
probably

2240
01:26:27,200 --> 01:26:30,600
May of 2025.

2241
01:26:30,600 --> 01:26:34,360
And there is what we hired a

2242
01:26:34,360 --> 01:26:36,680
mason to

2243
01:26:36,680 --> 01:26:38,440
tear down the retaining walls we had,

2244
01:26:38,440 --> 01:26:40,600
which were falling apart,

2245
01:26:40,600 --> 01:26:43,600
and put in new retaining walls,

2246
01:26:43,600 --> 01:26:47,120
as well as that led to a driveway and

2247
01:26:47,120 --> 01:26:49,480
two stone pillars on either side of

2248
01:26:49,480 --> 01:26:51,160
driveway as you

2249
01:26:51,160 --> 01:26:54,000
enter from the street.

2250
01:26:54,000 --> 01:26:56,000
And

2251
01:26:56,000 --> 01:26:57,880
the electrical contractor I hired at the

2252
01:26:57,880 --> 01:27:01,390
time

2253
01:27:01,400 --> 01:27:03,360
Well, I can't I'm drawing a blank. Roby

2254
01:27:03,360 --> 01:27:05,160
Services.

2255
01:27:05,160 --> 01:27:06,600
They're out of boom.

2256
01:27:06,600 --> 01:27:09,080
They said I needed permit for the

2257
01:27:09,080 --> 01:27:12,280
running the wires. So, I said fine. They

2258
01:27:12,280 --> 01:27:14,480
worked through the Kevin and Brian. I

2259
01:27:14,480 --> 01:27:16,360
did not interface with them at that

2260
01:27:16,360 --> 01:27:17,560
time.

2261
01:27:17,560 --> 01:27:18,920
Um

2262
01:27:18,920 --> 01:27:20,960
I actually dug the line to make sure it

2263
01:27:20,960 --> 01:27:23,920
was 18 inches myself personally

2264
01:27:23,920 --> 01:27:25,960
to satisfy the code for the wire that

2265
01:27:25,960 --> 01:27:27,600
had to go from the house to the street

2266
01:27:27,600 --> 01:27:29,800
where the two lights were.

2267
01:27:29,800 --> 01:27:32,640
At that time,

2268
01:27:32,640 --> 01:27:35,200
Kevin came back. I was not there. My

2269
01:27:35,200 --> 01:27:37,200
wife and electrical contractor were

2270
01:27:37,200 --> 01:27:38,360
there.

2271
01:27:38,360 --> 01:27:41,600
And at that time, in addition to

2272
01:27:41,600 --> 01:27:44,080
you know, certifying the line was okay

2273
01:27:44,080 --> 01:27:44,880
and

2274
01:27:44,880 --> 01:27:47,080
dug at the right depth,

2275
01:27:47,080 --> 01:27:49,400
he started to look at the retaining wall

2276
01:27:49,400 --> 01:27:51,160
for the parking pad.

2277
01:27:51,160 --> 01:27:52,960
And he went up to it

2278
01:27:52,960 --> 01:27:54,600
and he said, "Well, I'm 6 ft. That's

2279
01:27:54,600 --> 01:27:59,400
taller than me, but oh, you got 2 ft of

2280
01:27:59,400 --> 01:28:01,640
you know, air and all that's

2281
01:28:01,640 --> 01:28:03,240
parallel to

2282
01:28:03,240 --> 01:28:05,120
you know, the same height as the road.

2283
01:28:05,120 --> 01:28:07,960
So, really less than 6 ft." And

2284
01:28:07,960 --> 01:28:10,400
basically told my wife proceed. And this

2285
01:28:10,400 --> 01:28:12,960
was last year. This was probably May,

2286
01:28:12,960 --> 01:28:15,360
June, July of last year.

2287
01:28:15,360 --> 01:28:16,680
So,

2288
01:28:16,680 --> 01:28:18,400
I said, well,

2289
01:28:18,400 --> 01:28:20,360
um obviously probably should have got a

2290
01:28:20,360 --> 01:28:22,280
permit, but we didn't, but we're going

2291
01:28:22,280 --> 01:28:24,120
to proceed. That was the only

2292
01:28:24,120 --> 01:28:27,240
communication with Kevin at that time.

2293
01:28:27,240 --> 01:28:28,960
Um

2294
01:28:28,960 --> 01:28:32,160
and kind of fast forward, um

2295
01:28:32,160 --> 01:28:34,560
I said, well, I'm going to do this shed.

2296
01:28:34,560 --> 01:28:37,040
I need to get a permit. And I just that

2297
01:28:37,040 --> 01:28:39,280
wasn't prompted by anybody. It was me.

2298
01:28:39,280 --> 01:28:42,160
Okay. I went into the office early April

2299
01:28:42,160 --> 01:28:45,080
with that permit that you've seen.

2300
01:28:45,080 --> 01:28:46,920
Um

2301
01:28:46,920 --> 01:28:49,200
and presented to Kevin.

2302
01:28:49,200 --> 01:28:52,000
At the time I went into the office, he

2303
01:28:52,000 --> 01:28:54,320
told me about my neighbor, my new next

2304
01:28:54,320 --> 01:28:55,800
door neighbor,

2305
01:28:55,800 --> 01:29:00,240
that was questioning the drain

2306
01:29:00,240 --> 01:29:02,640
that we put in as part of the drainage

2307
01:29:02,640 --> 01:29:04,760
for the new driveway.

2308
01:29:04,760 --> 01:29:06,000
And I said, okay, well, this is the

2309
01:29:06,000 --> 01:29:08,720
first I've heard of that. I didn't know

2310
01:29:08,720 --> 01:29:10,840
that the drain was an issue with my new

2311
01:29:10,840 --> 01:29:13,040
neighbor. I'd never even talked to him.

2312
01:29:13,040 --> 01:29:14,560
And I said, if I had known that, I would

2313
01:29:14,560 --> 01:29:16,240
have cut the drain. In fact, that day I

2314
01:29:16,240 --> 01:29:18,120
went back and cut the drain, so it

2315
01:29:18,120 --> 01:29:19,880
wouldn't be intruding on his property

2316
01:29:19,880 --> 01:29:21,080
line.

2317
01:29:21,080 --> 01:29:22,640
Um

2318
01:29:22,640 --> 01:29:26,000
but between March, which I was not aware

2319
01:29:26,000 --> 01:29:28,360
that they arrived on my property,

2320
01:29:28,360 --> 01:29:29,400
to

2321
01:29:29,400 --> 01:29:30,920
evaluate

2322
01:29:30,920 --> 01:29:32,640
Apparently it all got precipitated by

2323
01:29:32,640 --> 01:29:35,280
him coming from my neighbor questioning

2324
01:29:35,280 --> 01:29:36,720
my drain.

2325
01:29:36,720 --> 01:29:38,440
And that's when he said, whoa, should

2326
01:29:38,440 --> 01:29:41,400
have got a permit. And I That's I never

2327
01:29:41,400 --> 01:29:43,360
communicated with Kevin about I needed a

2328
01:29:43,360 --> 01:29:46,560
permit on all that.

2329
01:29:46,560 --> 01:29:48,000
Um

2330
01:29:48,000 --> 01:29:49,960
and so I

2331
01:29:49,960 --> 01:29:51,840
without any knowledge of March

2332
01:29:51,840 --> 01:29:53,160
happening,

2333
01:29:53,160 --> 01:29:54,960
only knowledge I had was my neighbor

2334
01:29:54,960 --> 01:29:56,280
about the drain on the other side of the

2335
01:29:56,280 --> 01:29:57,440
property.

2336
01:29:57,440 --> 01:30:00,480
I brought in the permit unprompted by

2337
01:30:00,480 --> 01:30:02,920
any human being. I did it on my own,

2338
01:30:02,920 --> 01:30:04,120
because I thought that was the right

2339
01:30:04,120 --> 01:30:05,440
thing to do.

2340
01:30:05,440 --> 01:30:07,600
I brought the permit. You relate this to

2341
01:30:07,600 --> 01:30:09,280
the drain?

2342
01:30:09,280 --> 01:30:11,960
This is no, the permit for the shed.

2343
01:30:11,960 --> 01:30:13,640
>> Had you already had a conversation with

2344
01:30:13,640 --> 01:30:14,480
this Rothrock on

2345
01:30:14,480 --> 01:30:17,870
>> Not prior to that.

2346
01:30:17,880 --> 01:30:19,480
» You came into their office?

2347
01:30:19,480 --> 01:30:21,160
>> I brought it in the office and brought

2348
01:30:21,160 --> 01:30:23,520
it to Kevin, but he was implying that

2349
01:30:23,520 --> 01:30:25,760
the only reason I came to the office is

2350
01:30:25,760 --> 01:30:27,480
because of some conversation I had

2351
01:30:27,480 --> 01:30:29,840
between him coming in March and me

2352
01:30:29,840 --> 01:30:31,800
coming to the office. That conversation

2353
01:30:31,800 --> 01:30:34,840
did not occur about

2354
01:30:34,840 --> 01:30:36,480
anything related to the shed. The only

2355
01:30:36,480 --> 01:30:39,000
conversation I had with Kevin was

2356
01:30:39,000 --> 01:30:41,320
related to the drain on the other side

2357
01:30:41,320 --> 01:30:44,560
of the property caused by my neighbor.

2358
01:30:44,560 --> 01:30:45,920
That was the only conversation. No

2359
01:30:45,920 --> 01:30:48,480
conversation. He did not suggest that I

2360
01:30:48,480 --> 01:30:51,400
bring in a permit for the shed. That was

2361
01:30:51,400 --> 01:30:52,880
unprompted.

2362
01:30:52,880 --> 01:30:54,880
I brought it in myself without any cue

2363
01:30:54,880 --> 01:30:57,160
from Kevin or anybody else.

2364
01:30:57,160 --> 01:30:59,280
>> So on April 6th had the foundation

2365
01:30:59,280 --> 01:31:00,200
>> Somewhere around Yeah, I mean

2366
01:31:00,200 --> 01:31:02,160
>> retaining wall had already been built?

2367
01:31:02,160 --> 01:31:04,720
>> The pad was done.

2368
01:31:04,720 --> 01:31:05,720
>> And that's what you were calling the

2369
01:31:05,720 --> 01:31:06,360
retaining

2370
01:31:06,360 --> 01:31:06,960
>> out the pad.

2371
01:31:06,960 --> 01:31:08,960
>> Retaining wall, pad, foundation, what

2372
01:31:08,960 --> 01:31:10,960
are we what are we calling it?

2373
01:31:10,960 --> 01:31:11,560
>> Uh,

2374
01:31:11,560 --> 01:31:13,200
well that's the pad. That's where the

2375
01:31:13,200 --> 01:31:15,240
shed was built. So all of that was done

2376
01:31:15,240 --> 01:31:17,880
when I presented the permit to Kevin.

2377
01:31:17,880 --> 01:31:20,160
>> So Okay, that was finished on April 6th,

2378
01:31:20,160 --> 01:31:21,040
the pad.

2379
01:31:21,040 --> 01:31:23,360
>> Yeah, just the pad.

2380
01:31:23,360 --> 01:31:24,920
And then I brought in the permit.

2381
01:31:24,920 --> 01:31:26,200
>> That the pad you was what you calling

2382
01:31:26,200 --> 01:31:27,280
the pad?

2383
01:31:27,280 --> 01:31:29,200
>> No, no. The pad I'm calling the pad

2384
01:31:29,200 --> 01:31:30,040
where the shed is at.

2385
01:31:30,040 --> 01:31:32,320
>> That's under the shed.

2386
01:31:32,320 --> 01:31:34,240
>> Related to the permit. The permit was

2387
01:31:34,240 --> 01:31:37,480
only for the shed and the pad, which I

2388
01:31:37,480 --> 01:31:40,200
call with the structure under the shed.

2389
01:31:40,200 --> 01:31:41,600
Is the pad on the permit.

2390
01:31:41,600 --> 01:31:42,880
>> Okay.

2391
01:31:42,880 --> 01:31:43,920
>> You want to explain

2392
01:31:43,920 --> 01:31:45,480
>> Is [clears throat] there a concrete

2393
01:31:45,480 --> 01:31:46,440
floor?

2394
01:31:46,440 --> 01:31:46,840
>> Yes.

2395
01:31:46,840 --> 01:31:48,840
>> Is he walking on the Is it a floor?

2396
01:31:48,840 --> 01:31:49,560
>> Yeah, yeah, yeah.

2397
01:31:49,560 --> 01:31:51,233
>> Okay.

2398
01:31:51,233 --> 01:31:54,390
>> [clears throat]

2399
01:31:54,400 --> 01:31:57,080
» When did you first hear that the

2400
01:31:57,080 --> 01:31:59,840
um, building this plan was going to

2401
01:31:59,840 --> 01:32:02,360
encroach into the setback?

2402
01:32:02,360 --> 01:32:03,320
Uh

2403
01:32:03,320 --> 01:32:05,880
Kevin came back out and I don't know if

2404
01:32:05,880 --> 01:32:07,760
it was just Kevin or Brian or both of

2405
01:32:07,760 --> 01:32:09,160
them.

2406
01:32:09,160 --> 01:32:13,440
And they laid a board on the concrete

2407
01:32:13,440 --> 01:32:15,160
pad.

2408
01:32:15,160 --> 01:32:16,840
And said, "This is

2409
01:32:16,840 --> 01:32:19,560
where you need to build."

2410
01:32:19,560 --> 01:32:22,160
what? The shed.

2411
01:32:22,160 --> 01:32:24,360
Because of the setback. Correct.

2412
01:32:24,360 --> 01:32:26,320
Okay.

2413
01:32:26,320 --> 01:32:28,800
>> And that isn't where it ended up getting

2414
01:32:28,800 --> 01:32:31,080
built, right?

2415
01:32:31,080 --> 01:32:34,120
>> No, I decided I made a decision based on

2416
01:32:34,120 --> 01:32:37,760
my view that was in the spirit of the

2417
01:32:37,760 --> 01:32:40,200
law, not maybe the

2418
01:32:40,200 --> 01:32:42,160
legality of the law, the letter of the

2419
01:32:42,160 --> 01:32:43,520
law, however you want to call it,

2420
01:32:43,520 --> 01:32:45,400
because

2421
01:32:45,400 --> 01:32:49,160
the this pad was fine.

2422
01:32:49,160 --> 01:32:51,960
But as soon as I put a structure on it,

2423
01:32:51,960 --> 01:32:52,520
>> Right.

2424
01:32:52,520 --> 01:32:53,920
>> it became

2425
01:32:53,920 --> 01:32:56,510
bad.

2426
01:32:56,520 --> 01:32:59,760
Somehow that was nebulous to me. I'm

2427
01:32:59,760 --> 01:33:01,320
sorry, that's just

2428
01:33:01,320 --> 01:33:04,400
And I decided to

2429
01:33:04,400 --> 01:33:05,600
uh

2430
01:33:05,600 --> 01:33:08,880
build the structure on the pad because I

2431
01:33:08,880 --> 01:33:11,760
did not think it affected the spirit of

2432
01:33:11,760 --> 01:33:13,240
the law

2433
01:33:13,240 --> 01:33:16,840
because the pad was okay, but the

2434
01:33:16,840 --> 01:33:20,440
building was not okay.

2435
01:33:20,440 --> 01:33:22,640
That's why I took the risk.

2436
01:33:22,640 --> 01:33:24,400
And why we're here today, unfortunately.

2437
01:33:24,400 --> 01:33:26,480
I'm dragging you all in here, but

2438
01:33:26,480 --> 01:33:30,600
I believe that what I did

2439
01:33:30,600 --> 01:33:32,320
violated the letter of the law, as

2440
01:33:32,320 --> 01:33:33,880
Tony's already said, but I do not

2441
01:33:33,880 --> 01:33:35,720
believe it violated the spirit of the

2442
01:33:35,720 --> 01:33:39,440
law, particularly given the pad is okay.

2443
01:33:39,440 --> 01:33:40,800
All right.

2444
01:33:40,800 --> 01:33:42,640
>> Just for the record, I disagree that the

2445
01:33:42,640 --> 01:33:45,520
pad's okay. Even looking at your permit

2446
01:33:45,520 --> 01:33:47,040
that was that you it was issued in June

2447
01:33:47,040 --> 01:33:48,080
that you applied for in April, you

2448
01:33:48,080 --> 01:33:49,680
didn't apply for a permit for the pad,

2449
01:33:49,680 --> 01:33:51,000
which you should have.

2450
01:33:51,000 --> 01:33:53,120
And it's certainly any retain We're

2451
01:33:53,120 --> 01:33:54,320
going to call it a retaining wall, it's

2452
01:33:54,320 --> 01:33:56,160
certainly over 4 ft in height, requires

2453
01:33:56,160 --> 01:33:57,480
an engineering

2454
01:33:57,480 --> 01:33:59,800
engineer design and inspection.

2455
01:33:59,800 --> 01:34:01,640
No retaining walls over 6 ft in height

2456
01:34:01,640 --> 01:34:03,960
are permitted within the side rear yard

2457
01:34:03,960 --> 01:34:05,560
setback. And Kevin said when he was

2458
01:34:05,560 --> 01:34:07,600
talking that the back side of that pad

2459
01:34:07,600 --> 01:34:09,440
is 6 to 7 ft.

2460
01:34:09,440 --> 01:34:12,750
And

2461
01:34:12,760 --> 01:34:15,320
um

2462
01:34:15,320 --> 01:34:16,880
the portion of the building within the

2463
01:34:16,880 --> 01:34:19,000
12-ft setback will need to be removed to

2464
01:34:19,000 --> 01:34:20,240
meet it. Failure to meet the

2465
01:34:20,240 --> 01:34:21,240
requirements of the ordinance will

2466
01:34:21,240 --> 01:34:23,280
result in a violation of this permit.

2467
01:34:23,280 --> 01:34:24,040
And if we're going to call it a

2468
01:34:24,040 --> 01:34:26,400
foundation, a foundation survey may be

2469
01:34:26,400 --> 01:34:29,320
required. I don't think any of this

2470
01:34:29,320 --> 01:34:31,000
meets the code.

2471
01:34:31,000 --> 01:34:32,200
>> Okay, well,

2472
01:34:32,200 --> 01:34:33,600
this is the

2473
01:34:33,600 --> 01:34:35,400
So,

2474
01:34:35,400 --> 01:34:37,560
this whole

2475
01:34:37,560 --> 01:34:39,480
And I I'd also like to just say just

2476
01:34:39,480 --> 01:34:39,840
kind of

2477
01:34:39,840 --> 01:34:40,320
>> I

2478
01:34:40,320 --> 01:34:41,000
>> jumping ahead.

2479
01:34:41,000 --> 01:34:42,680
>> Somehow I got an we got an

2480
01:34:42,680 --> 01:34:45,120
after-the-fact permit, I've been told,

2481
01:34:45,120 --> 01:34:47,160
supposedly, on everything but this

2482
01:34:47,160 --> 01:34:49,520
storage shed. So,

2483
01:34:49,520 --> 01:34:52,720
you're saying it's not in code, but

2484
01:34:52,720 --> 01:34:54,440
the town of Blowing Rock is saying it

2485
01:34:54,440 --> 01:34:56,880
is. So, I'm confused.

2486
01:34:56,880 --> 01:34:59,800
>> What I'm reading this part concerns me.

2487
01:34:59,800 --> 01:35:01,920
as much as the building.

2488
01:35:01,920 --> 01:35:03,640
>> I'm just confused, completely confused

2489
01:35:03,640 --> 01:35:04,800
now.

2490
01:35:04,800 --> 01:35:07,160
Um cuz I was not anticipating getting a

2491
01:35:07,160 --> 01:35:08,920
discussion on something that in theory

2492
01:35:08,920 --> 01:35:10,440
was approved that I didn't apply for.

2493
01:35:10,440 --> 01:35:11,600
>> Well, it wasn't approved. You said it

2494
01:35:11,600 --> 01:35:13,720
was built before you got a permit.

2495
01:35:13,720 --> 01:35:15,720
>> I was not aware I had to get a permit.

2496
01:35:15,720 --> 01:35:16,760
>> Well,

2497
01:35:16,760 --> 01:35:18,960
that doesn't that doesn't matter.

2498
01:35:18,960 --> 01:35:20,760
>> Well, let's stick to just Can we stick

2499
01:35:20,760 --> 01:35:22,920
to the facts of this variance, please?

2500
01:35:22,920 --> 01:35:25,760
>> Yeah, let's let's jump ahead to Hardship

2501
01:35:25,760 --> 01:35:27,720
did not result from actions taken by the

2502
01:35:27,720 --> 01:35:29,480
applicant or the property owner. That's

2503
01:35:29,480 --> 01:35:32,190
state law.

2504
01:35:32,200 --> 01:35:37,830
» Okay, you got me there. All right, so

2505
01:35:37,840 --> 01:35:40,240
» If there's facts that refute that, I'd

2506
01:35:40,240 --> 01:35:41,520
love to hear them, but I haven't heard a

2507
01:35:41,520 --> 01:35:43,106
single one.

2508
01:35:43,106 --> 01:35:45,430
>> [snorts]

2509
01:35:45,440 --> 01:35:49,710
» Okay, so

2510
01:35:49,720 --> 01:35:52,000
I'm not going to debate that point. Mr.

2511
01:35:52,000 --> 01:35:54,160
Shuray, you're obviously a nice guy, but

2512
01:35:54,160 --> 01:35:57,360
you can't just decide

2513
01:35:57,360 --> 01:35:59,920
it's okay to break the law a little bit.

2514
01:35:59,920 --> 01:36:02,400
It just doesn't work that way.

2515
01:36:02,400 --> 01:36:03,680
>> And I also say that when I drove by your

2516
01:36:03,680 --> 01:36:05,320
house, the driveway, everything, it's

2517
01:36:05,320 --> 01:36:06,480
gorgeous.

2518
01:36:06,480 --> 01:36:06,960
>> Pardon me?

2519
01:36:06,960 --> 01:36:08,960
>> The driveway, everything, it's gorgeous

2520
01:36:08,960 --> 01:36:10,800
when I drove by there yesterday. So, I

2521
01:36:10,800 --> 01:36:13,120
you know, I'm not criticizing, I'm

2522
01:36:13,120 --> 01:36:14,080
saying

2523
01:36:14,080 --> 01:36:18,680
the law is the law, and I you can't

2524
01:36:18,680 --> 01:36:26,630
you just can't decide not to follow.

2525
01:36:26,640 --> 01:36:28,040
» All right, so anything else you want to

2526
01:36:28,040 --> 01:36:28,360
say?

2527
01:36:28,360 --> 01:36:29,880
>> No, I have nothing else to say unless

2528
01:36:29,880 --> 01:36:32,231
you have something to say.

2529
01:36:32,231 --> 01:36:32,960
>> [snorts]

2530
01:36:32,960 --> 01:36:35,280
>> I think we went by that already.

2531
01:36:35,280 --> 01:36:37,471
I could

2532
01:36:37,471 --> 01:36:38,760
>> [clears throat]

2533
01:36:38,760 --> 01:36:40,760
>> And I think we acquiesced that that we

2534
01:36:40,760 --> 01:36:42,080
yes, we agreed that the letter of the

2535
01:36:42,080 --> 01:36:44,040
law was violated. I don't think anybody

2536
01:36:44,040 --> 01:36:47,240
ever said that, but I think based on the

2537
01:36:47,240 --> 01:36:48,960
circumstances,

2538
01:36:48,960 --> 01:36:50,480
you know, the corner of the building and

2539
01:36:50,480 --> 01:36:53,240
the 12-ft setback is certainly worth

2540
01:36:53,240 --> 01:36:55,400
a request

2541
01:36:55,400 --> 01:36:57,000
for mercy on the court or whatever you

2542
01:36:57,000 --> 01:36:59,240
call it, prayer for judgment uh in a

2543
01:36:59,240 --> 01:37:00,640
situation like this

2544
01:37:00,640 --> 01:37:01,840
>> There's nothing There's nothing wrong

2545
01:37:01,840 --> 01:37:02,720
with asking.

2546
01:37:02,720 --> 01:37:04,040
>> Yeah, I see what you're saying.

2547
01:37:04,040 --> 01:37:04,680
>> That's right.

2548
01:37:04,680 --> 01:37:06,680
>> And and so, we're here under those

2549
01:37:06,680 --> 01:37:09,320
circumstances. He certainly understands

2550
01:37:09,320 --> 01:37:10,360
uh

2551
01:37:10,360 --> 01:37:11,600
the cost implement and the

2552
01:37:11,600 --> 01:37:13,280
implementation of moving, you know, his

2553
01:37:13,280 --> 01:37:15,840
building or taking two or three feet off

2554
01:37:15,840 --> 01:37:17,680
the building to get it within the

2555
01:37:17,680 --> 01:37:19,960
I mean, but we did you know, we thought

2556
01:37:19,960 --> 01:37:24,360
we'd come and and ask and hope as a good citizen um the

2557
01:37:24,360 --> 01:37:27,040
opportunity for mercy would be

2558
01:37:27,040 --> 01:37:28,400
um

2559
01:37:28,400 --> 01:37:29,760
a possibility.

2560
01:37:29,760 --> 01:37:31,182
And that's all we can do.

2561
01:37:31,182 --> 01:37:33,310
>> [clears throat]

2562
01:37:33,320 --> 01:37:34,760
» Yes.

2563
01:37:34,760 --> 01:37:36,840
>> I am actually one of the neighbors.

2564
01:37:36,840 --> 01:37:38,280
>> Yes.

2565
01:37:38,280 --> 01:37:40,800
>> Do I have permission to make a comment?

2566
01:37:40,800 --> 01:37:42,280
>> If you want to get sworn in, then you

2567
01:37:42,280 --> 01:37:44,282
got to get sworn in. Okay.

2568
01:37:44,282 --> 01:37:45,640
>> [snorts]

2569
01:37:45,640 --> 01:37:48,670
>> She is sworn.

2570
01:37:48,680 --> 01:37:53,350
» I believe it is 10 minutes speaking.

2571
01:37:53,360 --> 01:37:54,960
» Do you solemnly swear that the evidence

2572
01:37:54,960 --> 01:37:56,560
you shall give to this body in this

2573
01:37:56,560 --> 01:37:58,200
matter being heard shall be the truth,

2574
01:37:58,200 --> 01:37:59,160
the whole truth, and nothing but the

2575
01:37:59,160 --> 01:38:00,360
truth? So, do you swear to that?

2576
01:38:00,360 --> 01:38:01,360
>> Yes.

2577
01:38:01,360 --> 01:38:07,710
>> Okay.

2578
01:38:07,720 --> 01:38:09,520
Tell us your name and your address,

2579
01:38:09,520 --> 01:38:10,280
please.

2580
01:38:10,280 --> 01:38:11,440
>> Yes, sir.

2581
01:38:11,440 --> 01:38:13,720
My name is Sayed Khan.

2582
01:38:13,720 --> 01:38:17,000
I am a semi-retired physician, and I

2583
01:38:17,000 --> 01:38:20,520
live at 277 Terry Acres Circle.

2584
01:38:20,520 --> 01:38:22,280
>> Okay, can you spell your name for me?

2585
01:38:22,280 --> 01:38:24,640
>> S as in Sammy, A as in apple, Y as in

2586
01:38:24,640 --> 01:38:27,680
Edward, E as in Edward, D as in David.

2587
01:38:27,680 --> 01:38:30,240
K as in kilo, H as in Helen, A as in

2588
01:38:30,240 --> 01:38:32,360
apple, N as in Nancy.

2589
01:38:32,360 --> 01:38:33,000
As you can see, I've got

2590
01:38:33,000 --> 01:38:35,480
>> One more time on the last sentence.

2591
01:38:35,480 --> 01:38:37,240
>> You've said that so many times, you guys

2592
01:38:37,240 --> 01:38:38,480
>> I've said it so many times.

2593
01:38:38,480 --> 01:38:40,760
>> I've said it a hundred times. Once more

2594
01:38:40,760 --> 01:38:41,720
with feeling.

2595
01:38:41,720 --> 01:38:43,520
>> Sorry, what's the

2596
01:38:43,520 --> 01:38:47,120
>> K as in kilo, H as in Helen,

2597
01:38:47,120 --> 01:38:50,160
A as in apple, N as in Nancy.

2598
01:38:50,160 --> 01:38:52,550
>> Khan.

2599
01:38:52,560 --> 01:38:54,320
Okay, all right. And do you mind giving

2600
01:38:54,320 --> 01:38:55,480
us your address?

2601
01:38:55,480 --> 01:38:58,880
>> 277 Terry Acres Circle,

2602
01:38:58,880 --> 01:39:01,000
Blowing Rock,

2603
01:39:01,000 --> 01:39:02,560
28605.

2604
01:39:02,560 --> 01:39:05,120
>> Okay. What did you want to tell us?

2605
01:39:05,120 --> 01:39:06,000
>> Well,

2606
01:39:06,000 --> 01:39:06,640
um

2607
01:39:06,640 --> 01:39:10,720
we actually live on the street

2608
01:39:10,720 --> 01:39:13,400
with Fred. In fact, today's the first

2609
01:39:13,400 --> 01:39:16,400
day I found out your last name.

2610
01:39:16,400 --> 01:39:17,880
But, [laughter] uh

2611
01:39:17,880 --> 01:39:19,440
we have been neighbors for now about 4

2612
01:39:19,440 --> 01:39:20,800
or 5 years,

2613
01:39:20,800 --> 01:39:22,120
and

2614
01:39:22,120 --> 01:39:24,160
one of the things which I don't think

2615
01:39:24,160 --> 01:39:27,280
anybody's really mentioned is the post

2616
01:39:27,280 --> 01:39:30,480
Helene effects on our drainage, cuz

2617
01:39:30,480 --> 01:39:32,240
we're on a ridge.

2618
01:39:32,240 --> 01:39:36,320
We had massive issues with erosion.

2619
01:39:36,320 --> 01:39:38,080
And, uh

2620
01:39:38,080 --> 01:39:40,320
most of my neighbors, including myself,

2621
01:39:40,320 --> 01:39:43,400
we have spent a substantial amount of

2622
01:39:43,400 --> 01:39:46,680
money putting in newer retaining walls

2623
01:39:46,680 --> 01:39:49,800
and had a brand new house. Um we've also

2624
01:39:49,800 --> 01:39:51,640
had to put in new drainage and

2625
01:39:51,640 --> 01:39:53,080
everything else.

2626
01:39:53,080 --> 01:39:55,360
When we saw Fred doing this last year,

2627
01:39:55,360 --> 01:39:56,520
also

2628
01:39:56,520 --> 01:40:00,524
his property was also getting eroded. So

2629
01:40:00,524 --> 01:40:01,400
>> [snorts]

2630
01:40:01,400 --> 01:40:03,680
>> as a person who lives on the street,

2631
01:40:03,680 --> 01:40:06,920
walks on the street, um

2632
01:40:06,920 --> 01:40:10,870
I just want to say is is that

2633
01:40:10,880 --> 01:40:13,880
the structure in itself

2634
01:40:13,880 --> 01:40:16,800
if someone had actually not told told me

2635
01:40:16,800 --> 01:40:18,320
that it was

2636
01:40:18,320 --> 01:40:20,520
like 24 in

2637
01:40:20,520 --> 01:40:22,920
out of compliance, you'd never know the

2638
01:40:22,920 --> 01:40:24,320
difference.

2639
01:40:24,320 --> 01:40:27,920
So I agree. I mean, laws are there for a

2640
01:40:27,920 --> 01:40:31,320
reason. But there's also compassion.

2641
01:40:31,320 --> 01:40:33,440
Making him now tear the whole structure

2642
01:40:33,440 --> 01:40:37,240
down or modify it. I mean, we've all

2643
01:40:37,240 --> 01:40:41,990
spent substantial amount of money.

2644
01:40:42,000 --> 01:40:45,960
Between, I would say, each individual

2645
01:40:45,960 --> 01:40:49,200
between about 50 to about 120,000

2646
01:40:49,200 --> 01:40:50,640
dollars

2647
01:40:50,640 --> 01:40:52,400
just

2648
01:40:52,400 --> 01:40:56,320
on retaining walls because of and it is

2649
01:40:56,320 --> 01:40:58,480
a steep slope.

2650
01:40:58,480 --> 01:41:00,280
>> Mr. Bond, can you can you tell me where

2651
01:41:00,280 --> 01:41:01,720
you lived in Lord of the Rings?

2652
01:41:01,720 --> 01:41:06,030
>> Oh, absolutely. Uh

2653
01:41:06,040 --> 01:41:06,880
Well

2654
01:41:06,880 --> 01:41:09,200
>> And it's what I had.

2655
01:41:09,200 --> 01:41:10,160
Yeah.

2656
01:41:10,160 --> 01:41:10,610
That's

2657
01:41:10,610 --> 01:41:11,120
>> [snorts]

2658
01:41:11,120 --> 01:41:11,840
>> me.

2659
01:41:11,840 --> 01:41:14,160
Yes, very much.

2660
01:41:14,160 --> 01:41:15,240
Yes, sir.

2661
01:41:15,240 --> 01:41:16,560
>> Okay.

2662
01:41:16,560 --> 01:41:18,520
>> So

2663
01:41:18,520 --> 01:41:22,920
we we do have a very steep mountain side

2664
01:41:22,920 --> 01:41:26,560
and we and we have had a lot of trouble,

2665
01:41:26,560 --> 01:41:30,160
especially post-Elaine, with erosion and

2666
01:41:30,160 --> 01:41:34,040
drainage. So, yes.

2667
01:41:34,040 --> 01:41:36,600
He probably did break the law, but I

2668
01:41:36,600 --> 01:41:39,640
really do believe that we should also be

2669
01:41:39,640 --> 01:41:42,640
in the business of compassion.

2670
01:41:42,640 --> 01:41:43,000
>> Thank you.

2671
01:41:43,000 --> 01:41:44,360
>> And, thank you for your time.

2672
01:41:44,360 --> 01:41:46,520
>> Thank you. Any board member want to ask

2673
01:41:46,520 --> 01:41:49,590
any questions?

2674
01:41:49,600 --> 01:41:49,880
» Thank you.

2675
01:41:49,880 --> 01:41:52,360
>> Thank Thank you very much.

2676
01:41:52,360 --> 01:41:53,440
Um

2677
01:41:53,440 --> 01:41:55,760
Mr. Seretti, do you want to Anybody else

2678
01:41:55,760 --> 01:41:57,320
you want to call as a witness or

2679
01:41:57,320 --> 01:41:59,560
anything else you want to say?

2680
01:41:59,560 --> 01:42:01,720
>> No, that's it from my standpoint. That's

2681
01:42:01,720 --> 01:42:02,600
it.

2682
01:42:02,600 --> 01:42:03,920
>> Okay.

2683
01:42:03,920 --> 01:42:05,160
All right.

2684
01:42:05,160 --> 01:42:06,800
Um

2685
01:42:06,800 --> 01:42:08,400
Fellow board members, you ready to start

2686
01:42:08,400 --> 01:42:12,710
working on findings of fact?

2687
01:42:12,720 --> 01:42:15,560
The applicant is Fred and Sandy Seretti.

2688
01:42:15,560 --> 01:42:18,800
The owner of the property in question is

2689
01:42:18,800 --> 01:42:21,040
uh Mr. Seretti, I noticed the name on

2690
01:42:21,040 --> 01:42:23,800
your deed is Alfred Seretti and Sandra

2691
01:42:23,800 --> 01:42:25,680
Seretti. You mind if we use the proper

2692
01:42:25,680 --> 01:42:26,000
name?

2693
01:42:26,000 --> 01:42:28,830
>> Sure.

2694
01:42:28,840 --> 01:42:30,640
» The address of the property in question

2695
01:42:30,640 --> 01:42:34,560
is 369 Terry Acre Circle

2696
01:42:34,560 --> 01:42:39,470
in Blowing Rock, North Carolina.

2697
01:42:39,480 --> 01:42:41,920
It's uh the property is also identified

2698
01:42:41,920 --> 01:42:46,040
by Watauga County PIN number 2817

2699
01:42:46,040 --> 01:42:50,710
-43-7159-000.

2700
01:42:50,720 --> 01:42:53,760
The property is zoned R-15.

2701
01:42:53,760 --> 01:42:55,520
And

2702
01:42:55,520 --> 01:43:04,670
the applicant wants the following.

2703
01:43:04,680 --> 01:43:06,360
The applicant has built an accessory

2704
01:43:06,360 --> 01:43:07,920
building, which the applicants call a

2705
01:43:07,920 --> 01:43:09,600
shed, on the western side of their

2706
01:43:09,600 --> 01:43:11,520
property. The dimensions of the

2707
01:43:11,520 --> 01:43:14,000
accessory building are 11 ft 8 in wide

2708
01:43:14,000 --> 01:43:17,480
by 13 ft 8 in long. 8 in long. The

2709
01:43:17,480 --> 01:43:19,240
building is built with a portion of the

2710
01:43:19,240 --> 01:43:21,960
building encroaching into the 12-ft side

2711
01:43:21,960 --> 01:43:23,920
setback required by Blowing Rock Land

2712
01:43:23,920 --> 01:43:27,720
Use Ordinance section 16-12.4.

2713
01:43:27,720 --> 01:43:29,600
No construction is allowed inside the

2714
01:43:29,600 --> 01:43:33,200
12-ft side lot setback.

2715
01:43:33,200 --> 01:43:36,240
The amount of the encroachment

2716
01:43:36,240 --> 01:43:41,440
is 25 and 1/2 inches on plane eight

2717
01:43:41,440 --> 01:43:45,710
and 1/2 inches.

2718
01:43:45,720 --> 01:43:47,280
And the applicants are seeking a

2719
01:43:47,280 --> 01:43:49,160
variance of

2720
01:43:49,160 --> 01:43:51,640
Mr. Seretti, would you like to change

2721
01:43:51,640 --> 01:43:53,880
your application to

2722
01:43:53,880 --> 01:43:55,360
um

2723
01:43:55,360 --> 01:43:57,800
30 inches instead of the two feet you

2724
01:43:57,800 --> 01:43:59,600
were asking?

2725
01:43:59,600 --> 01:44:00,880
I don't know.

2726
01:44:00,880 --> 01:44:01,960
I don't think it's going to make a whole

2727
01:44:01,960 --> 01:44:04,560
lot of difference, but

2728
01:44:04,560 --> 01:44:06,000
I'm not going to debate.

2729
01:44:06,000 --> 01:44:07,000
>> Um

2730
01:44:07,000 --> 01:44:08,800
a few inches, I don't think it's

2731
01:44:08,800 --> 01:44:10,400
>> All right, let's leave it the way it is.

2732
01:44:10,400 --> 01:44:11,760
>> make anything to the decision of the

2733
01:44:11,760 --> 01:44:12,320
land.

2734
01:44:12,320 --> 01:44:14,240
>> The applicants are seeking a variance of

2735
01:44:14,240 --> 01:44:16,360
two feet from the required 12-foot side

2736
01:44:16,360 --> 01:44:17,960
setback

2737
01:44:17,960 --> 01:44:20,800
after the accessory building has already

2738
01:44:20,800 --> 01:44:26,590
been built.

2739
01:44:26,600 --> 01:44:27,840
Um

2740
01:44:27,840 --> 01:44:31,360
Other witnesses in the case

2741
01:44:31,360 --> 01:44:34,320
were H. E. Chaney Withers, a civil

2742
01:44:34,320 --> 01:44:39,270
engineer and friend of the Serettis.

2743
01:44:39,280 --> 01:44:41,920
And his address is 6116 Oxford Chart

2744
01:44:41,920 --> 01:44:48,070
Court in Raleigh, North Carolina, 27606.

2745
01:44:48,080 --> 01:44:51,510
Other witness

2746
01:44:51,520 --> 01:44:54,480
was Mr. um

2747
01:44:54,480 --> 01:44:58,240
Constantine Said Khan at 277 Terry Acres

2748
01:44:58,240 --> 01:45:03,190
Circle, Boring Road.

2749
01:45:03,200 --> 01:45:06,240
There are no other parties

2750
01:45:06,240 --> 01:45:09,640
who stand in to come into this case.

2751
01:45:09,640 --> 01:45:11,720
The applicant did provide drawings or

2752
01:45:11,720 --> 01:45:15,790
sketches or plans.

2753
01:45:15,800 --> 01:45:18,520
The town of Boring Road has provided

2754
01:45:18,520 --> 01:45:20,600
given all necessary legal notices of

2755
01:45:20,600 --> 01:45:22,720
this case and this hearing.

2756
01:45:22,720 --> 01:45:24,760
There was not proper notice.

2757
01:45:24,760 --> 01:45:27,360
There was proper notice of this case in

2758
01:45:27,360 --> 01:45:29,000
here and given to all property owners of

2759
01:45:29,000 --> 01:45:31,320
property abutting the parcel of land

2760
01:45:31,320 --> 01:45:33,720
which is at issue here and proper notice

2761
01:45:33,720 --> 01:45:36,080
was given to any other persons entitled

2762
01:45:36,080 --> 01:45:37,800
to receive notice.

2763
01:45:37,800 --> 01:45:45,830
14 notices were mailed out.

2764
01:45:45,840 --> 01:45:47,760
The applicant did receive a copy of the

2765
01:45:47,760 --> 01:45:50,040
planning director's staff report prior

2766
01:45:50,040 --> 01:45:58,070
to the hearing.

2767
01:45:58,080 --> 01:46:00,000
What the applicant is proposing would

2768
01:46:00,000 --> 01:46:02,750
not

2769
01:46:02,760 --> 01:46:04,400
Yes, what the applicant is proposing

2770
01:46:04,400 --> 01:46:06,400
would not impair emergency vehicles such

2771
01:46:06,400 --> 01:46:08,480
as fire trucks and ambulances. What the

2772
01:46:08,480 --> 01:46:10,640
applicant is proposing

2773
01:46:10,640 --> 01:46:12,600
would not create a fire hazard. What the

2774
01:46:12,600 --> 01:46:14,520
applicant is proposing would not block

2775
01:46:14,520 --> 01:46:16,440
or impede visibility on any street or

2776
01:46:16,440 --> 01:46:20,790
highway.

2777
01:46:20,800 --> 01:46:23,320
Unique features of this property include

2778
01:46:23,320 --> 01:46:24,520
none.

2779
01:46:24,520 --> 01:46:40,390
There are none.

2780
01:46:40,400 --> 01:46:42,698
Um

2781
01:46:42,698 --> 01:46:45,150
>> [snorts]

2782
01:46:45,160 --> 01:46:49,070
» The structure requires

2783
01:46:49,080 --> 01:47:05,350
a zoning permit.

2784
01:47:05,360 --> 01:47:06,920
A property owner who wants to build a

2785
01:47:06,920 --> 01:47:08,920
structure like this, accessory building

2786
01:47:08,920 --> 01:47:11,280
is required to obtain the necessary

2787
01:47:11,280 --> 01:47:13,920
permit before any work or construction

2788
01:47:13,920 --> 01:47:18,714
is started.

2789
01:47:18,724 --> 01:47:28,950
» [snorts]

2790
01:47:28,960 --> 01:47:30,760
» When completed, the accessory building

2791
01:47:30,760 --> 01:47:33,040
encroached into the 12-ft western side

2792
01:47:33,040 --> 01:47:34,520
setback

2793
01:47:34,520 --> 01:47:42,950
by 28 and 1/2 in.

2794
01:47:42,960 --> 01:47:46,710
That number

2795
01:47:46,720 --> 01:47:49,750
includes

2796
01:47:49,760 --> 01:47:52,390
um

2797
01:47:52,400 --> 01:47:54,880
an eave

2798
01:47:54,880 --> 01:48:07,430
at the top.

2799
01:48:07,440 --> 01:48:09,720
There was a place on the lot

2800
01:48:09,720 --> 01:48:14,950
There were There were places

2801
01:48:14,960 --> 01:48:16,720
on the lot where this accessory building

2802
01:48:16,720 --> 01:48:17,720
could have been built without

2803
01:48:17,720 --> 01:48:20,680
encroaching into any of the setbacks and

2804
01:48:20,680 --> 01:48:33,830
without needing a variance.

2805
01:48:33,840 --> 01:48:36,720
Um zoning enforcement officer

2806
01:48:36,720 --> 01:48:40,870
Excuse me.

2807
01:48:40,880 --> 01:48:42,840
Planning Director

2808
01:48:42,840 --> 01:48:45,320
Kevin Rothrock went to the Seretti

2809
01:48:45,320 --> 01:48:47,960
property for the best possible building

2810
01:48:47,960 --> 01:48:52,480
work without a permit in March

2811
01:48:52,480 --> 01:49:08,755
2026.

2812
01:49:08,765 --> 01:49:09,720
» [snorts]

2813
01:49:09,720 --> 01:49:17,990
>> Um

2814
01:49:18,000 --> 01:49:19,520
Later,

2815
01:49:19,520 --> 01:49:25,630
Mr. Ceretti

2816
01:49:25,640 --> 01:49:27,720
came to the

2817
01:49:27,720 --> 01:49:30,390
planning

2818
01:49:30,400 --> 01:49:33,240
and inspections

2819
01:49:33,240 --> 01:49:38,750
office

2820
01:49:38,760 --> 01:49:44,150
in person

2821
01:49:44,160 --> 01:49:47,120
and was told

2822
01:49:47,120 --> 01:49:55,110
the accessory building

2823
01:49:55,120 --> 01:50:02,710
he wanted to build

2824
01:50:02,720 --> 01:50:07,990
would encroach

2825
01:50:08,000 --> 01:50:10,600
into the

2826
01:50:10,600 --> 01:50:14,390
12-ft

2827
01:50:14,400 --> 01:50:19,190
setback.

2828
01:50:19,200 --> 01:50:22,270
And

2829
01:50:22,280 --> 01:50:25,910
it could not

2830
01:50:25,920 --> 01:50:27,960
legally

2831
01:50:27,960 --> 01:50:43,110
be built as planned.

2832
01:50:43,120 --> 01:50:45,920
Mr. Ceretti applied

2833
01:50:45,920 --> 01:50:52,510
for a permit

2834
01:50:52,520 --> 01:50:56,590
and provided

2835
01:50:56,600 --> 01:51:02,470
a site plan

2836
01:51:02,480 --> 01:51:06,190
which showed

2837
01:51:06,200 --> 01:51:12,950
the accessory building

2838
01:51:12,960 --> 01:51:16,390
located

2839
01:51:16,400 --> 01:51:20,390
outside

2840
01:51:20,400 --> 01:51:28,910
side setback.

2841
01:51:28,920 --> 01:51:34,030
And within

2842
01:51:34,040 --> 01:51:45,350
design requirements.

2843
01:51:45,360 --> 01:51:47,760
He applied for a permit on April 6,

2844
01:51:47,760 --> 01:52:04,297
2026.

2845
01:52:04,307 --> 01:52:08,790
» [snorts]

2846
01:52:08,800 --> 01:52:13,670
» The permit was issued to Mr. Sready

2847
01:52:13,680 --> 01:52:21,030
on June 24th, 2026.

2848
01:52:21,040 --> 01:52:24,680
Mr. Sready did build

2849
01:52:24,680 --> 01:52:29,910
and complete the accessory building.

2850
01:52:29,920 --> 01:52:34,790
And

2851
01:52:34,800 --> 01:52:39,750
he built it

2852
01:52:39,760 --> 01:52:41,720
encroaching

2853
01:52:41,720 --> 01:52:43,800
into

2854
01:52:43,800 --> 01:52:46,320
the 12-ft

2855
01:52:46,320 --> 01:52:50,230
side setback

2856
01:52:50,240 --> 01:52:56,698
knowing

2857
01:52:56,708 --> 01:53:25,630
» [snorts]

2858
01:53:25,640 --> 01:53:27,240
» Does anyone remember want to add any

2859
01:53:27,240 --> 01:53:33,190
facts or want me to change any facts?

2860
01:53:33,200 --> 01:53:34,320
» I don't know. I

2861
01:53:34,320 --> 01:53:37,800
move that we adopt the facts as TV just

2862
01:53:37,800 --> 01:53:38,720
stated them.

2863
01:53:38,720 --> 01:53:39,600
>> Okay.

2864
01:53:39,600 --> 01:53:42,558
>> I'll second the motion.

2865
01:53:42,558 --> 01:53:42,720
>> [snorts]

2866
01:53:42,720 --> 01:53:44,080
>> Um

2867
01:53:44,080 --> 01:53:46,760
any further discussion on facts?

2868
01:53:46,760 --> 01:53:48,280
>> No.

2869
01:53:48,280 --> 01:53:49,640
>> Okay.

2870
01:53:49,640 --> 01:53:50,880
All right.

2871
01:53:50,880 --> 01:53:52,760
All those in favor of adopting the

2872
01:53:52,760 --> 01:53:55,880
findings of facts as I have just

2873
01:53:55,880 --> 01:53:57,920
spoken them, say I.

2874
01:53:57,920 --> 01:53:59,560
>> I.

2875
01:53:59,560 --> 01:54:08,230
It's unanimous.

2876
01:54:08,240 --> 01:54:12,990
I move that

2877
01:54:13,000 --> 01:54:19,390
we adopt the findings of fact.

2878
01:54:19,400 --> 01:54:20,320
Well, let's go back

2879
01:54:20,320 --> 01:54:22,160
>> We just did that.

2880
01:54:22,160 --> 01:54:23,320
>> Thank you. I'm

2881
01:54:23,320 --> 01:54:24,280
thinking about the conclusion.

2882
01:54:24,280 --> 01:54:25,080
>> did this part.

2883
01:54:25,080 --> 01:54:26,360
>> We did.

2884
01:54:26,360 --> 01:54:27,520
Thank you.

2885
01:54:27,520 --> 01:54:29,830
Um

2886
01:54:29,840 --> 01:54:31,800
and the board adopted the

2887
01:54:31,800 --> 01:54:34,160
findings of fact by a unanimous vote.

2888
01:54:34,160 --> 01:54:34,960
>> Yeah.

2889
01:54:34,960 --> 01:54:37,880
>> We move now to conclusions of law

2890
01:54:37,880 --> 01:54:39,800
based upon the evidence presented in the

2891
01:54:39,800 --> 01:54:42,560
facts shown above.

2892
01:54:42,560 --> 01:54:45,440
The Board of Adjustment

2893
01:54:45,440 --> 01:54:47,720
does or does not

2894
01:54:47,720 --> 01:54:49,369
Let's pick that one.

2895
01:54:49,369 --> 01:54:53,550
>> [snorts]

2896
01:54:53,560 --> 01:54:55,520
» Find substantial material and competent

2897
01:54:55,520 --> 01:54:57,440
evidence exists to conclude that in this

2898
01:54:57,440 --> 01:54:59,920
case unnecessary hardship would result

2899
01:54:59,920 --> 01:55:01,440
from the strict application of the

2900
01:55:01,440 --> 01:55:02,880
regulations,

2901
01:55:02,880 --> 01:55:04,960
it shall not be necessary to demonstrate

2902
01:55:04,960 --> 01:55:07,280
that in the absence of the variance, no

2903
01:55:07,280 --> 01:55:10,040
reasonable use can be made of this of

2904
01:55:10,040 --> 01:55:11,760
the property.

2905
01:55:11,760 --> 01:55:15,200
Um I make the motion

2906
01:55:15,200 --> 01:55:17,440
that we either um

2907
01:55:17,440 --> 01:55:20,160
find he has met his burden or we do not.

2908
01:55:20,160 --> 01:55:22,560
Is there a second?

2909
01:55:22,560 --> 01:55:24,320
>> And can I repeat the motion, please?

2910
01:55:24,320 --> 01:55:24,800
>> Sure.

2911
01:55:24,800 --> 01:55:27,520
>> I'd make the motion that we do not find

2912
01:55:27,520 --> 01:55:29,120
substantial material and competent

2913
01:55:29,120 --> 01:55:30,840
evidence exists to conclude that in this

2914
01:55:30,840 --> 01:55:32,840
case unnecessary hardship would result

2915
01:55:32,840 --> 01:55:33,960
from the strict application of the

2916
01:55:33,960 --> 01:55:36,480
regulations.

2917
01:55:36,480 --> 01:55:38,560
>> Well, we could we could do it we could

2918
01:55:38,560 --> 01:55:40,560
word it that way and then if you think

2919
01:55:40,560 --> 01:55:42,360
he had, you would just vote vote the

2920
01:55:42,360 --> 01:55:44,160
other way.

2921
01:55:44,160 --> 01:55:44,440
Um

2922
01:55:44,440 --> 01:55:45,520
>> Louder.

2923
01:55:45,520 --> 01:55:46,120
Thank you.

2924
01:55:46,120 --> 01:55:47,040
>> Okay.

2925
01:55:47,040 --> 01:55:48,280
>> If you disagree with my motion, you can

2926
01:55:48,280 --> 01:55:51,390
just vote no.

2927
01:55:51,400 --> 01:55:53,880
» But I like the idea we either vote

2928
01:55:53,880 --> 01:55:56,720
yes he did or no he didn't.

2929
01:55:56,720 --> 01:55:58,200
Okay. Is that okay? That's what I want

2930
01:55:58,200 --> 01:55:59,640
to do.

2931
01:55:59,640 --> 01:56:00,880
I think probably did not do it

2932
01:56:00,880 --> 01:56:03,750
correctly.

2933
01:56:03,760 --> 01:56:05,000
Please.

2934
01:56:05,000 --> 01:56:06,800
So my motion is

2935
01:56:06,800 --> 01:56:07,680
um

2936
01:56:07,680 --> 01:56:10,480
that we take a vote and find that you

2937
01:56:10,480 --> 01:56:12,840
vote your choices would be he met his

2938
01:56:12,840 --> 01:56:14,240
burden

2939
01:56:14,240 --> 01:56:16,400
and he has complied with factor one or

2940
01:56:16,400 --> 01:56:22,550
he has not. He has or he has not.

2941
01:56:22,560 --> 01:56:24,160
What do you think? Am I getting too

2942
01:56:24,160 --> 01:56:27,120
>> I don't know how you vote on that.

2943
01:56:27,120 --> 01:56:28,800
It's a yay or nay, so

2944
01:56:28,800 --> 01:56:30,320
>> Mr. Chairman, for purposes of our

2945
01:56:30,320 --> 01:56:31,640
record, it would be appropriate to take

2946
01:56:31,640 --> 01:56:34,360
a finding of or a finding as to whether

2947
01:56:34,360 --> 01:56:37,800
he the there is or is not

2948
01:56:37,800 --> 01:56:38,360
uh

2949
01:56:38,360 --> 01:56:40,120
material and competent evidence as to

2950
01:56:40,120 --> 01:56:42,920
the unnecessary hardship. So you can

2951
01:56:42,920 --> 01:56:45,200
certainly vote in favor of whatever the

2952
01:56:45,200 --> 01:56:47,760
proposed finding is and if that fails,

2953
01:56:47,760 --> 01:56:49,240
then take an alternative motion.

2954
01:56:49,240 --> 01:56:49,960
>> Okay. That

2955
01:56:49,960 --> 01:56:51,600
>> And that would be the better approach in

2956
01:56:51,600 --> 01:56:53,120
my in my opinion and my objective.

2957
01:56:53,120 --> 01:56:54,600
>> Okay, that's what we've been doing in

2958
01:56:54,600 --> 01:56:56,000
the past.

2959
01:56:56,000 --> 01:56:57,360
For some reason I decided to get

2960
01:56:57,360 --> 01:56:59,080
creative.

2961
01:56:59,080 --> 01:57:01,440
Um

2962
01:57:01,440 --> 01:57:03,320
Second.

2963
01:57:03,320 --> 01:57:05,560
In the past I've I've always

2964
01:57:05,560 --> 01:57:08,480
made the motion to say we find that he

2965
01:57:08,480 --> 01:57:10,760
has met his burden.

2966
01:57:10,760 --> 01:57:12,360
And

2967
01:57:12,360 --> 01:57:14,200
so you would if you find that he has met

2968
01:57:14,200 --> 01:57:17,280
his burden, you would say yay.

2969
01:57:17,280 --> 01:57:20,040
And if you disagree and think he hasn't

2970
01:57:20,040 --> 01:57:22,800
met his burden, you'd say nay.

2971
01:57:22,800 --> 01:57:24,080
Everybody

2972
01:57:24,080 --> 01:57:24,720
with me?

2973
01:57:24,720 --> 01:57:25,360
>> Yeah.

2974
01:57:25,360 --> 01:57:27,480
>> Okay. So let me do it again.

2975
01:57:27,480 --> 01:57:28,920
Based upon the evidence presented and

2976
01:57:28,920 --> 01:57:30,600
the facts shown above, the Board of

2977
01:57:30,600 --> 01:57:31,880
Adjustment

2978
01:57:31,880 --> 01:57:33,640
does find

2979
01:57:33,640 --> 01:57:35,520
substantial material competent evidence

2980
01:57:35,520 --> 01:57:37,680
exists to conclude that in this case

2981
01:57:37,680 --> 01:57:39,520
unnecessary hardship would result from

2982
01:57:39,520 --> 01:57:41,200
the strict application of the

2983
01:57:41,200 --> 01:57:43,600
regulations. It shall not be necessary

2984
01:57:43,600 --> 01:57:45,400
to demonstrate that in the absence of

2985
01:57:45,400 --> 01:57:47,880
the variance, no reasonable use can be

2986
01:57:47,880 --> 01:57:49,440
made of the property.

2987
01:57:49,440 --> 01:57:51,280
Is there a second?

2988
01:57:51,280 --> 01:57:51,880
>> Second.

2989
01:57:51,880 --> 01:57:54,080
>> All right. Mr. Walker seconds. Any

2990
01:57:54,080 --> 01:57:56,440
further discussion?

2991
01:57:56,440 --> 01:57:57,400
All right.

2992
01:57:57,400 --> 01:58:01,160
All those uh

2993
01:58:01,160 --> 01:58:03,080
in favor of finding that he has met his

2994
01:58:03,080 --> 01:58:05,320
burden and has satisfied satisfied

2995
01:58:05,320 --> 01:58:06,800
factor one,

2996
01:58:06,800 --> 01:58:08,560
vote

2997
01:58:08,560 --> 01:58:10,800
yay.

2998
01:58:10,800 --> 01:58:12,560
All those who find he has not met his

2999
01:58:12,560 --> 01:58:14,720
burden and satisfied factor one, vote

3000
01:58:14,720 --> 01:58:15,320
nay.

3001
01:58:15,320 --> 01:58:16,760
>> Nay.

3002
01:58:16,760 --> 01:58:17,720
>> So Mr.

3003
01:58:17,720 --> 01:58:19,400
>> I said I I'm yay.

3004
01:58:19,400 --> 01:58:21,520
>> You're yay. He has met his burden.

3005
01:58:21,520 --> 01:58:22,040
>> Yes.

3006
01:58:22,040 --> 01:58:23,320
>> Okay.

3007
01:58:23,320 --> 01:58:28,070
>> I'll be a yay, too, then.

3008
01:58:28,080 --> 01:58:32,390
» Okay. So the yays are

3009
01:58:32,400 --> 01:58:36,750
Mr. Gibson

3010
01:58:36,760 --> 01:58:39,760
Mr. McGill

3011
01:58:39,760 --> 01:58:41,720
Yays, he did meet his burden and does

3012
01:58:41,720 --> 01:58:43,920
not satisfy or

3013
01:58:43,920 --> 01:58:47,070
Mr. Shuler

3014
01:58:47,080 --> 01:58:50,080
Mr. Sprague is

3015
01:58:50,080 --> 01:58:52,640
and Mr. Walker. Have I got that right.

3016
01:58:52,640 --> 01:58:57,590
>> Yes.

3017
01:58:57,600 --> 01:59:00,160
» I'm ready to the second.

3018
01:59:00,160 --> 01:59:01,880
Based upon the evidence presented in the

3019
01:59:01,880 --> 01:59:04,560
second factor, based upon the evidence

3020
01:59:04,560 --> 01:59:06,640
presented in the facts shown above, the

3021
01:59:06,640 --> 01:59:08,880
Board of Adjustment

3022
01:59:08,880 --> 01:59:11,160
finds substantial, material, and

3023
01:59:11,160 --> 01:59:13,200
competent evidence exists, including

3024
01:59:13,200 --> 01:59:15,600
that in this case the hardship results

3025
01:59:15,600 --> 01:59:17,320
from conditions that are peculiar to the

3026
01:59:17,320 --> 01:59:19,840
property, such as location, size, or

3027
01:59:19,840 --> 01:59:22,240
topography. Hardships resulting from

3028
01:59:22,240 --> 01:59:24,680
personal circumstances, as well as

3029
01:59:24,680 --> 01:59:26,560
hardships resulting from conditions that

3030
01:59:26,560 --> 01:59:28,320
are common to the neighborhood or

3031
01:59:28,320 --> 01:59:30,720
general public, may not be the basis for

3032
01:59:30,720 --> 01:59:32,360
granting a variance.

3033
01:59:32,360 --> 01:59:34,120
may be granted when necessary

3034
01:59:34,120 --> 01:59:35,400
and appropriate to make reasonable

3035
01:59:35,400 --> 01:59:37,400
accommodation under the Federal Fair

3036
01:59:37,400 --> 01:59:38,840
Housing Act for a person with a

3037
01:59:38,840 --> 01:59:40,320
disability.

3038
01:59:40,320 --> 01:59:42,040
So, the motion is

3039
01:59:42,040 --> 01:59:45,080
um that we find his necessary

3040
01:59:45,080 --> 01:59:47,920
and it's satisfied factor two is our

3041
01:59:47,920 --> 01:59:48,400
second.

3042
01:59:48,400 --> 01:59:49,280
>> Second.

3043
01:59:49,280 --> 01:59:51,000
>> Mr. Walker seconds. Any further

3044
01:59:51,000 --> 01:59:52,320
discussion?

3045
01:59:52,320 --> 01:59:53,560
>> No.

3046
01:59:53,560 --> 01:59:53,948
>> Okay.

3047
01:59:53,948 --> 01:59:54,520
>> [clears throat]

3048
01:59:54,520 --> 01:59:56,440
>> Mr. Chair, the Board of Adjustment

3049
01:59:56,440 --> 01:59:57,200
>> the motion

3050
01:59:57,200 --> 01:59:59,960
>> on each of these factors it's preferred

3051
01:59:59,960 --> 02:00:00,640
that the

3052
02:00:00,640 --> 02:00:03,240
maker of the motion state the facts that

3053
02:00:03,240 --> 02:00:05,600
would support or not support whatever

3054
02:00:05,600 --> 02:00:07,720
your ultimate finding would be.

3055
02:00:07,720 --> 02:00:08,640
Um

3056
02:00:08,640 --> 02:00:09,040
>> We don't

3057
02:00:09,040 --> 02:00:11,400
>> Case law has generally wanted the

3058
02:00:11,400 --> 02:00:14,400
Board not to simply recite the

3059
02:00:14,400 --> 02:00:16,320
element of the variance, but also cite

3060
02:00:16,320 --> 02:00:17,920
to some facts in the evidence that would

3061
02:00:17,920 --> 02:00:18,680
support that finding.

3062
02:00:18,680 --> 02:00:26,310
>> Okay. All right.

3063
02:00:26,320 --> 02:00:27,840
Um

3064
02:00:27,840 --> 02:00:28,720
I've got a question.

3065
02:00:28,720 --> 02:00:30,280
>> Haven't we already done that?

3066
02:00:30,280 --> 02:00:30,480
>> Yes.

3067
02:00:30,480 --> 02:00:32,040
>> We Haven't we already done that? We made

3068
02:00:32,040 --> 02:00:34,200
our findings of fact, which would say

3069
02:00:34,200 --> 02:00:34,880
it'd be the

3070
02:00:34,880 --> 02:00:35,480
>> Yes, sir.

3071
02:00:35,480 --> 02:00:37,120
>> at like an court of appeal it'd be the

3072
02:00:37,120 --> 02:00:37,520
>> Yes.

3073
02:00:37,520 --> 02:00:39,240
>> introduction. And then now we're

3074
02:00:39,240 --> 02:00:41,400
applying the law

3075
02:00:41,400 --> 02:00:43,560
to those facts. Why would we need to

3076
02:00:43,560 --> 02:00:45,200
repeat those facts?

3077
02:00:45,200 --> 02:00:47,480
>> Because the If this is reviewed by a

3078
02:00:47,480 --> 02:00:49,040
court of appeals they will want to know

3079
02:00:49,040 --> 02:00:51,520
specifically what facts the board found

3080
02:00:51,520 --> 02:00:53,880
that swayed them as to

3081
02:00:53,880 --> 02:00:55,480
this for example whether it was a

3082
02:00:55,480 --> 02:00:57,120
peculiarity of the property such as

3083
02:00:57,120 --> 02:00:59,680
location, size, or topography and what

3084
02:00:59,680 --> 02:01:01,200
those facts were.

3085
02:01:01,200 --> 02:01:03,160
>> And make all that part of the motion?

3086
02:01:03,160 --> 02:01:05,880
>> Yes, that would be preferred. Otherwise,

3087
02:01:05,880 --> 02:01:08,280
you run the risk of court remanding it

3088
02:01:08,280 --> 02:01:10,560
back to you for further explanation as

3089
02:01:10,560 --> 02:01:15,470
to why you reached that conclusion.

3090
02:01:15,480 --> 02:01:22,110
» Um

3091
02:01:22,120 --> 02:01:24,720
Okay, let's go back and do line

3092
02:01:24,720 --> 02:01:25,720
um

3093
02:01:25,720 --> 02:01:28,560
factor one again.

3094
02:01:28,560 --> 02:01:35,950
Um

3095
02:01:35,960 --> 02:01:44,710
Mr. Eggers.

3096
02:01:44,720 --> 02:01:47,360
» Come on. Let me take a shot at this.

3097
02:01:47,360 --> 02:01:50,310
Um

3098
02:01:50,320 --> 02:01:53,640
I move that based upon the facts that

3099
02:01:53,640 --> 02:01:57,400
the board just adopted as stated above

3100
02:01:57,400 --> 02:01:59,160
the board of adjustment finds

3101
02:01:59,160 --> 02:02:00,680
substantial material and competent

3102
02:02:00,680 --> 02:02:02,400
evidence exists to conclude that in this

3103
02:02:02,400 --> 02:02:04,120
case unnecessary hardship would result

3104
02:02:04,120 --> 02:02:05,240
from the strict application of

3105
02:02:05,240 --> 02:02:08,710
regulations.

3106
02:02:08,720 --> 02:02:10,760
» Yes, sir. Are there specific factors

3107
02:02:10,760 --> 02:02:12,320
that would allow for unnecessary

3108
02:02:12,320 --> 02:02:14,560
hardship you wish to sign to?

3109
02:02:14,560 --> 02:02:17,160
Well, that motion technically failed

3110
02:02:17,160 --> 02:02:19,400
with the board. So, what would

3111
02:02:19,400 --> 02:02:21,880
>> Well, I just added the word

3112
02:02:21,880 --> 02:02:23,120
in

3113
02:02:23,120 --> 02:02:24,640
Well, I don't understand how we can sit

3114
02:02:24,640 --> 02:02:26,280
here and repeat

3115
02:02:26,280 --> 02:02:28,880
all these facts that we just approved.

3116
02:02:28,880 --> 02:02:29,280
>> Yes, sir.

3117
02:02:29,280 --> 02:02:31,160
>> As part of a motion.

3118
02:02:31,160 --> 02:02:33,120
>> Well, he's he's right. They do They do

3119
02:02:33,120 --> 02:02:35,720
want to see under each conclusion

3120
02:02:35,720 --> 02:02:39,080
um we find or do not find for this

3121
02:02:39,080 --> 02:02:44,830
reason. The problem is

3122
02:02:44,840 --> 02:02:53,110
if I make the motion that we find

3123
02:02:53,120 --> 02:02:54,800
» And then if he states all the facts and

3124
02:02:54,800 --> 02:02:56,200
then we vote against it.

3125
02:02:56,200 --> 02:02:58,440
>> If the board's majority

3126
02:02:58,440 --> 02:03:02,240
conclusion is that the applicant has

3127
02:03:02,240 --> 02:03:04,440
not met his burden of an unnecessary

3128
02:03:04,440 --> 02:03:07,240
hardship, the board can find that while

3129
02:03:07,240 --> 02:03:08,800
it may impose a hardship on the

3130
02:03:08,800 --> 02:03:11,880
applicant to comply with the ordinance,

3131
02:03:11,880 --> 02:03:15,280
it is not an unnecessary hardship for

3132
02:03:15,280 --> 02:03:17,680
whatever specifics you wish

3133
02:03:17,680 --> 02:03:19,040
to find from the evidence.

3134
02:03:19,040 --> 02:03:24,200
>> How about this, Mr. Harris? How about we do a motion

3135
02:03:24,200 --> 02:03:26,280
that he has

3136
02:03:26,280 --> 02:03:27,920
satisfied

3137
02:03:27,920 --> 02:03:30,040
or he has not.

3138
02:03:30,040 --> 02:03:35,470
We take that vote and then

3139
02:03:35,480 --> 02:03:39,160
the winning, in this case the nays,

3140
02:03:39,160 --> 02:03:42,320
then add on

3141
02:03:42,320 --> 02:03:44,760
supporting facts.

3142
02:03:44,760 --> 02:03:46,320
>> Yes, sir. It would It would need to be

3143
02:03:46,320 --> 02:03:48,240
facts that would support a successful

3144
02:03:48,240 --> 02:03:49,640
motion, which is generally what you're

3145
02:03:49,640 --> 02:03:52,320
looking for. However, I will say that if

3146
02:03:52,320 --> 02:03:55,240
a variance, unless a motion carries by

3147
02:03:55,240 --> 02:03:57,560
four at least a four to one vote, then

3148
02:03:57,560 --> 02:03:59,760
that motion that you have

3149
02:03:59,760 --> 02:04:01,120
proposed

3150
02:04:01,120 --> 02:04:02,440
would not pass.

3151
02:04:02,440 --> 02:04:03,400
>> Right. He's He's

3152
02:04:03,400 --> 02:04:05,440
>> here did not pass, then there was not a

3153
02:04:05,440 --> 02:04:08,200
conclusion by the board that

3154
02:04:08,200 --> 02:04:10,160
an unnecessary hardship had been shown.

3155
02:04:10,160 --> 02:04:12,000
>> Could we

3156
02:04:12,000 --> 02:04:17,200
the the factual support is that he produced

3157
02:04:17,200 --> 02:04:19,360
absolutely no evidence

3158
02:04:19,360 --> 02:04:21,600
of unnecessary hardship. So, that that

3159
02:04:21,600 --> 02:04:23,160
statement

3160
02:04:23,160 --> 02:04:25,800
the applicant has produced absolutely no

3161
02:04:25,800 --> 02:04:28,520
evidence of unnecessary hardship.

3162
02:04:28,520 --> 02:04:33,190
Could that come after we took the vote?

3163
02:04:33,200 --> 02:04:34,400
And then add that

3164
02:04:34,400 --> 02:04:36,440
>> Yes, sir. The board would will its

3165
02:04:36,440 --> 02:04:39,440
purview. I would suggested finding that

3166
02:04:39,440 --> 02:04:41,000
the applicant has failed to carry his

3167
02:04:41,000 --> 02:04:43,560
burden as to an unnecessary hardship

3168
02:04:43,560 --> 02:04:44,840
rather than

3169
02:04:44,840 --> 02:04:46,280
a finding that there's no evidence

3170
02:04:46,280 --> 02:04:48,280
produced because the burden is on the

3171
02:04:48,280 --> 02:04:50,200
applicant. It's not

3172
02:04:50,200 --> 02:04:51,920
necessarily

3173
02:04:51,920 --> 02:04:54,600
summary judgment type burden as well.

3174
02:04:54,600 --> 02:04:58,670
Whether he's carried his

3175
02:04:58,680 --> 02:04:59,840
» Well, yes.

3176
02:04:59,840 --> 02:05:01,880
>> You're You're also implying that when

3177
02:05:01,880 --> 02:05:03,960
the motion is made, we already know what

3178
02:05:03,960 --> 02:05:06,000
the outcome's going to be in order to

3179
02:05:06,000 --> 02:05:07,280
include

3180
02:05:07,280 --> 02:05:09,800
the facts that support the outcome in

3181
02:05:09,800 --> 02:05:10,840
the motion.

3182
02:05:10,840 --> 02:05:13,960
>> The maker of the motion needs to propose

3183
02:05:13,960 --> 02:05:15,520
facts to go along with his motion.

3184
02:05:15,520 --> 02:05:16,640
That's what I'm saying.

3185
02:05:16,640 --> 02:05:17,080
>> Okay.

3186
02:05:17,080 --> 02:05:19,760
>> If those facts aren't supported by a

3187
02:05:19,760 --> 02:05:21,400
majority vote, for example, it would

3188
02:05:21,400 --> 02:05:23,800
fail.

3189
02:05:23,800 --> 02:05:25,240
>> And then we'd need to make a new motion

3190
02:05:25,240 --> 02:05:26,880
with new facts.

3191
02:05:26,880 --> 02:05:28,240
>> Something that can be reached

3192
02:05:28,240 --> 02:05:29,920
>> I simplify this discussion of the city.

3193
02:05:29,920 --> 02:05:31,320
I'm not going to appeal it to the city.

3194
02:05:31,320 --> 02:05:32,720
I know that with the city it's You don't

3195
02:05:32,720 --> 02:05:34,760
have to worry about Whatever decision

3196
02:05:34,760 --> 02:05:36,160
that you make, it's going to be based on

3197
02:05:36,160 --> 02:05:38,000
compaction. No other

3198
02:05:38,000 --> 02:05:39,320
decision will stand.

3199
02:05:39,320 --> 02:05:41,240
So, I'm not going to I will declare I

3200
02:05:41,240 --> 02:05:42,040
will not appeal it.

3201
02:05:42,040 --> 02:05:47,840
>> I We appreciate that. We got We got to go to the question now. Okay,

3202
02:05:47,840 --> 02:05:49,560
back to one. We found that the applicant

3203
02:05:49,560 --> 02:05:52,440
has not met his burden. I am now making

3204
02:05:52,440 --> 02:05:54,600
a motion

3205
02:05:54,600 --> 02:05:57,440
that we say

3206
02:05:57,440 --> 02:05:59,440
And we say the reason he has not met met

3207
02:05:59,440 --> 02:06:02,720
his burden is he has

3208
02:06:02,720 --> 02:06:05,440
not provided evidence of unnecessary

3209
02:06:05,440 --> 02:06:08,710
hardship.

3210
02:06:08,720 --> 02:06:14,270
A second motion for number one.

3211
02:06:14,280 --> 02:06:16,160
So, going back to number one, we've

3212
02:06:16,160 --> 02:06:19,000
taken the vote. It's three to two. I now

3213
02:06:19,000 --> 02:06:22,360
make the motion that we say he has not

3214
02:06:22,360 --> 02:06:26,870
met his burden because he has

3215
02:06:26,880 --> 02:06:27,760
not

3216
02:06:27,760 --> 02:06:29,640
produced

3217
02:06:29,640 --> 02:06:31,800
sufficient evidence of unnecessary

3218
02:06:31,800 --> 02:06:32,600
hardship.

3219
02:06:32,600 --> 02:06:34,600
>> And that would be sufficient for

3220
02:06:34,600 --> 02:06:35,920
purposes of that filing.

3221
02:06:35,920 --> 02:06:37,960
>> Yeah, sounds like a tie. All right. So,

3222
02:06:37,960 --> 02:06:40,600
Mr. Walker seconds that.

3223
02:06:40,600 --> 02:06:43,280
Um any further discussion?

3224
02:06:43,280 --> 02:06:46,120
All those in favor of adopting the

3225
02:06:46,120 --> 02:06:48,550
um

3226
02:06:48,560 --> 02:06:49,800
» motion.

3227
02:06:49,800 --> 02:06:51,400
>> The motion

3228
02:06:51,400 --> 02:06:53,360
um say

3229
02:06:53,360 --> 02:06:54,000
uh

3230
02:06:54,000 --> 02:06:55,280
that he has

3231
02:06:55,280 --> 02:06:57,520
not produced sufficient evidence of

3232
02:06:57,520 --> 02:06:59,480
unnecessary hardships.

3233
02:06:59,480 --> 02:07:00,080
Say

3234
02:07:00,080 --> 02:07:02,320
>> I.

3235
02:07:02,320 --> 02:07:02,977
>> This is

3236
02:07:02,977 --> 02:07:03,080
>> [clears throat]

3237
02:07:03,080 --> 02:07:04,400
>> Your name?

3238
02:07:04,400 --> 02:07:06,560
>> I'm a nay.

3239
02:07:06,560 --> 02:07:12,137
>> I I your name?

3240
02:07:12,147 --> 02:07:12,160
» [laughter]

3241
02:07:12,160 --> 02:07:15,560
>> If you think he's met his burden

3242
02:07:15,560 --> 02:07:17,640
I got to have to say he has not. I'm

3243
02:07:17,640 --> 02:07:19,760
sorry.

3244
02:07:19,760 --> 02:07:21,320
So, it's four to one.

3245
02:07:21,320 --> 02:07:24,600
>> Okay. So, well, he's

3246
02:07:24,600 --> 02:07:27,480
but he's still got his vote on

3247
02:07:27,480 --> 02:07:27,880
>> But

3248
02:07:27,880 --> 02:07:33,190
>> I'll just a question. Did or did not?

3249
02:07:33,200 --> 02:07:34,920
Are you going to You had voted that he

3250
02:07:34,920 --> 02:07:36,720
has met his burden. Are you going to

3251
02:07:36,720 --> 02:07:39,510
stick by that?

3252
02:07:39,520 --> 02:07:41,080
Why not?

3253
02:07:41,080 --> 02:07:43,360
>> The motion is that he has not provided

3254
02:07:43,360 --> 02:07:48,350
sufficient evidence of a burden.

3255
02:07:48,360 --> 02:07:51,790
That he has not.

3256
02:07:51,800 --> 02:07:58,070
» Of unnecessary hardship.

3257
02:07:58,080 --> 02:08:00,280
» Yeah.

3258
02:08:00,280 --> 02:08:02,040
>> You think he has not provided sufficient

3259
02:08:02,040 --> 02:08:06,590
evidence of an unnecessary hardship.

3260
02:08:06,600 --> 02:08:07,960
» I would have thought once I thought he

3261
02:08:07,960 --> 02:08:09,040
had.

3262
02:08:09,040 --> 02:08:10,440
Isn't that right?

3263
02:08:10,440 --> 02:08:11,480
Yeah.

3264
02:08:11,480 --> 02:08:12,200
>> You

3265
02:08:12,200 --> 02:08:13,040
>> It was a yay.

3266
02:08:13,040 --> 02:08:13,920
>> Yeah, it was a

3267
02:08:13,920 --> 02:08:15,960
>> You did you you

3268
02:08:15,960 --> 02:08:18,200
>> What are you doing to We still on one?

3269
02:08:18,200 --> 02:08:19,080
We back on one?

3270
02:08:19,080 --> 02:08:22,000
>> We're still on one. We We want to

3271
02:08:22,000 --> 02:08:22,920
um

3272
02:08:22,920 --> 02:08:25,080
connect somehow with the facts.

3273
02:08:25,080 --> 02:08:25,800
>> Yeah.

3274
02:08:25,800 --> 02:08:27,600
>> And so, I'm I'm saying the connection

3275
02:08:27,600 --> 02:08:29,320
with facts is that he just he just

3276
02:08:29,320 --> 02:08:32,080
hasn't produced sufficient evidence

3277
02:08:32,080 --> 02:08:33,600
um

3278
02:08:33,600 --> 02:08:37,190
of unnecessary hardship.

3279
02:08:37,200 --> 02:08:39,360
» Well, I feel sorry for him, but I don't

3280
02:08:39,360 --> 02:08:41,960
think he has. I think he knew

3281
02:08:41,960 --> 02:08:43,880
he needed to keep it within that 12 ft

3282
02:08:43,880 --> 02:08:47,840
and then he slipped over. So, I'm afraid he has not.

3283
02:08:47,840 --> 02:08:49,400
That's just It's frustrating, very

3284
02:08:49,400 --> 02:08:51,720
frustrating. Cuz I think y'all let it I

3285
02:08:51,720 --> 02:08:53,280
think y'all would let it let it go and

3286
02:08:53,280 --> 02:08:55,120
let him have it, but nobody's ever going

3287
02:08:55,120 --> 02:08:57,160
to know, but anyway, this is what we got

3288
02:08:57,160 --> 02:08:58,680
to do, so we got to do it.

3289
02:08:58,680 --> 02:08:59,280
>> Okay.

3290
02:08:59,280 --> 02:09:00,320
>> Yeah.

3291
02:09:00,320 --> 02:09:02,120
>> Um

3292
02:09:02,120 --> 02:09:03,440
that applicant has not provided

3293
02:09:03,440 --> 02:09:05,200
sufficient evidence of unnecessary

3294
02:09:05,200 --> 02:09:07,480
hardship. The vote is

3295
02:09:07,480 --> 02:09:08,080
um

3296
02:09:08,080 --> 02:09:10,440
4 to 1.

3297
02:09:10,440 --> 02:09:16,030
Mr. Goodson

3298
02:09:16,040 --> 02:09:18,750
voting

3299
02:09:18,760 --> 02:09:20,640
nay.

3300
02:09:20,640 --> 02:09:33,270
He has produced enough.

3301
02:09:33,280 --> 02:09:34,800
Um

3302
02:09:34,800 --> 02:09:36,800
Factor two, based on on the evidence

3303
02:09:36,800 --> 02:09:38,400
presented in the fact sheet above, the

3304
02:09:38,400 --> 02:09:40,840
Board of Adjustment

3305
02:09:40,840 --> 02:09:43,680
finds substantial material competent

3306
02:09:43,680 --> 02:09:45,440
evidence exists to conclude that in this

3307
02:09:45,440 --> 02:09:46,800
case the hardship results from

3308
02:09:46,800 --> 02:09:48,840
conditions that are peculiar to the

3309
02:09:48,840 --> 02:09:50,640
property, such as location, size, or

3310
02:09:50,640 --> 02:09:52,840
topography. Hardships resulting from

3311
02:09:52,840 --> 02:09:55,200
personal circumstances as well as

3312
02:09:55,200 --> 02:09:56,960
hardships resulting from conditions that

3313
02:09:56,960 --> 02:09:58,840
are common to the neighborhood or the

3314
02:09:58,840 --> 02:10:00,800
general public may not be the basis for

3315
02:10:00,800 --> 02:10:02,560
granting a variance.

3316
02:10:02,560 --> 02:10:04,200
may be granted when necessary

3317
02:10:04,200 --> 02:10:05,320
or appropriate to make reasonable

3318
02:10:05,320 --> 02:10:06,840
accommodations under the Federal Fair

3319
02:10:06,840 --> 02:10:09,320
Housing Act for a person with a

3320
02:10:09,320 --> 02:10:12,280
disability.

3321
02:10:12,280 --> 02:10:16,590
Um

3322
02:10:16,600 --> 02:10:19,280
» I'd like to make a motion.

3323
02:10:19,280 --> 02:10:20,000
>> You

3324
02:10:20,000 --> 02:10:20,680
go ahead.

3325
02:10:20,680 --> 02:10:22,760
>> So, I move that based upon the evidence

3326
02:10:22,760 --> 02:10:24,880
presented. The Board of Adjustment does

3327
02:10:24,880 --> 02:10:26,960
not find substantial material and

3328
02:10:26,960 --> 02:10:29,120
competent evidence exists to conclude

3329
02:10:29,120 --> 02:10:30,760
that this case the hardship results from

3330
02:10:30,760 --> 02:10:32,160
conditions that are peculiar to the

3331
02:10:32,160 --> 02:10:34,640
property, such as location, size, or

3332
02:10:34,640 --> 02:10:37,520
topography. The evidence presented did

3333
02:10:37,520 --> 02:10:41,240
not suggest any conditions peculiar to

3334
02:10:41,240 --> 02:10:43,840
this property, including its location,

3335
02:10:43,840 --> 02:10:45,760
size, or topography.

3336
02:10:45,760 --> 02:10:48,070
So, that

3337
02:10:48,080 --> 02:10:49,610
» I second that.

3338
02:10:49,610 --> 02:10:51,830
>> [clears throat and cough]

3339
02:10:51,840 --> 02:10:54,520
» Any further discussion?

3340
02:10:54,520 --> 02:10:58,670
>> No.

3341
02:10:58,680 --> 02:11:00,720
» The evidence produced helped help Mr.

3342
02:11:00,720 --> 02:11:06,070
Walker finish up his sentences.

3343
02:11:06,080 --> 02:11:06,680
The evidence

3344
02:11:06,680 --> 02:11:08,600
>> The evidence produced

3345
02:11:08,600 --> 02:11:13,750
does not

3346
02:11:13,760 --> 02:11:15,160
» I think

3347
02:11:15,160 --> 02:11:17,280
the future motion in English terms.

3348
02:11:17,280 --> 02:11:17,840
>> Please.

3349
02:11:17,840 --> 02:11:18,920
>> Exactly.

3350
02:11:18,920 --> 02:11:21,000
>> I believe the motion as Mr. Walker said

3351
02:11:21,000 --> 02:11:22,520
before

3352
02:11:22,520 --> 02:11:25,400
the Board did not find substantial

3353
02:11:25,400 --> 02:11:27,320
material and competent evidence relates

3354
02:11:27,320 --> 02:11:29,680
to the conditions of the property as the

3355
02:11:29,680 --> 02:11:32,280
evidence did not support

3356
02:11:32,280 --> 02:11:35,360
any condition that would be unique to

3357
02:11:35,360 --> 02:11:36,960
the

3358
02:11:36,960 --> 02:11:39,680
topography, location, or size of the

3359
02:11:39,680 --> 02:11:42,080
property. Is that correct, sir?

3360
02:11:42,080 --> 02:11:51,590
>> Okay.

3361
02:11:51,600 --> 02:11:53,480
Does not show location, size, or

3362
02:11:53,480 --> 02:11:55,240
topography

3363
02:11:55,240 --> 02:11:58,520
um presenting any hardship.

3364
02:11:58,520 --> 02:12:02,150
Fair enough.

3365
02:12:02,160 --> 02:12:03,560
» That would be legally sufficient if

3366
02:12:03,560 --> 02:12:05,040
that's Mr. Walker's motion.

3367
02:12:05,040 --> 02:12:05,640
>> Yes.

3368
02:12:05,640 --> 02:12:07,440
>> Yeah.

3369
02:12:07,440 --> 02:12:09,240
>> Mr. Walker.

3370
02:12:09,240 --> 02:12:09,800
>> I

3371
02:12:09,800 --> 02:12:11,720
>> If as the evidence produced does not

3372
02:12:11,720 --> 02:12:14,080
show location, size, or topography

3373
02:12:14,080 --> 02:12:16,720
presenting any hardship.

3374
02:12:16,720 --> 02:12:20,280
Okay. So, this one the motion is

3375
02:12:20,280 --> 02:12:22,920
that we did not find evidence he did not

3376
02:12:22,920 --> 02:12:24,560
meet his burden.

3377
02:12:24,560 --> 02:12:25,960
All those

3378
02:12:25,960 --> 02:12:28,320
in favor of

3379
02:12:28,320 --> 02:12:29,880
If that's correct, he did not meet his

3380
02:12:29,880 --> 02:12:32,280
burden. He did not satisfy factor two.

3381
02:12:32,280 --> 02:12:33,120
Say I.

3382
02:12:33,120 --> 02:12:34,120
>> I.

3383
02:12:34,120 --> 02:12:36,240
>> Any nays? Are you a nay?

3384
02:12:36,240 --> 02:12:37,400
>> I'm a nay.

3385
02:12:37,400 --> 02:12:39,880
>> I.

3386
02:12:39,880 --> 02:12:41,040
>> So we got

3387
02:12:41,040 --> 02:12:43,680
it's unanimous.

3388
02:12:43,680 --> 02:12:47,110
All I.

3389
02:12:47,120 --> 02:12:48,760
Factor three, based upon the evidence

3390
02:12:48,760 --> 02:12:50,160
presented in the facts shown above, the

3391
02:12:50,160 --> 02:12:52,040
board of adjustment

3392
02:12:52,040 --> 02:12:54,480
does not find substantial, material, or

3393
02:12:54,480 --> 02:12:56,560
competent evidence exists to completely

3394
02:12:56,560 --> 02:12:59,160
in this case the hardship did not result

3395
02:12:59,160 --> 02:13:00,960
from actions taken by the applicant or

3396
02:13:00,960 --> 02:13:02,560
the property owner.

3397
02:13:02,560 --> 02:13:04,040
The act of purchasing the property with

3398
02:13:04,040 --> 02:13:05,960
knowledge of circumstances exist that

3399
02:13:05,960 --> 02:13:08,471
may justify the granting of a variance

3400
02:13:08,471 --> 02:13:09,640
[snorts] or a liability regarding a

3401
02:13:09,640 --> 02:13:12,440
self-created hardship.

3402
02:13:12,440 --> 02:13:21,510
Um the applicant

3403
02:13:21,520 --> 02:13:25,670
knowingly

3404
02:13:25,680 --> 02:13:29,470
constructed

3405
02:13:29,480 --> 02:13:36,470
the accessory building

3406
02:13:36,480 --> 02:13:42,950
with the encroachment

3407
02:13:42,960 --> 02:13:45,910
into

3408
02:13:45,920 --> 02:13:47,600
the 12-ft

3409
02:13:47,600 --> 02:13:53,350
side setback.

3410
02:13:53,360 --> 02:13:55,000
That's the motion that he did not meet

3411
02:13:55,000 --> 02:13:56,880
his burden. Is there a second?

3412
02:13:56,880 --> 02:13:57,520
>> Second.

3413
02:13:57,520 --> 02:13:59,520
from Mr. Shuler.

3414
02:13:59,520 --> 02:14:02,480
Any further discussion?

3415
02:14:02,480 --> 02:14:03,920
All in favor of finding that the

3416
02:14:03,920 --> 02:14:05,160
applicant [snorts] has not met his

3417
02:14:05,160 --> 02:14:07,920
burden on factor three, say I.

3418
02:14:07,920 --> 02:14:09,200
>> I.

3419
02:14:09,200 --> 02:14:10,240
>> Is it unanimous?

3420
02:14:10,240 --> 02:14:12,840
>> It's unanimous.

3421
02:14:12,840 --> 02:14:14,560
>> Fourth factor based upon the evidence

3422
02:14:14,560 --> 02:14:16,120
presented in the fact sheet above the

3423
02:14:16,120 --> 02:14:18,600
Board of Adjustment does not find

3424
02:14:18,600 --> 02:14:21,160
substantial material

3425
02:14:21,160 --> 02:14:22,800
and competent evidence suggests to

3426
02:14:22,800 --> 02:14:24,560
conclude that in this case the requested

3427
02:14:24,560 --> 02:14:26,320
variance is consistent with the spirit,

3428
02:14:26,320 --> 02:14:28,480
purpose, and intent of the regulations.

3429
02:14:28,480 --> 02:14:30,360
Such a public safety and security and

3430
02:14:30,360 --> 02:14:32,920
substantial justice achieved.

3431
02:14:32,920 --> 02:14:35,160
Substantial justice is not achieved

3432
02:14:35,160 --> 02:14:36,720
granting the variance

3433
02:14:36,720 --> 02:14:38,880
would be injurious to the neighborhood

3434
02:14:38,880 --> 02:14:40,520
or to the general

3435
02:14:40,520 --> 02:14:42,520
welfare.

3436
02:14:42,520 --> 02:14:48,430
Um

3437
02:14:48,440 --> 02:14:51,630
building

3438
02:14:51,640 --> 02:14:57,950
the accessory building

3439
02:14:57,960 --> 02:15:01,950
and no way going

3440
02:15:01,960 --> 02:15:15,630
into the side setback.

3441
02:15:15,640 --> 02:15:18,163
Because that would come

3442
02:15:18,163 --> 02:15:27,830
>> [snorts]

3443
02:15:27,840 --> 02:15:33,870
» It's all the encouragement

3444
02:15:33,880 --> 02:15:44,910
was minimal.

3445
02:15:44,920 --> 02:15:49,070
And then

3446
02:15:49,080 --> 02:15:52,230
And it's not

3447
02:15:52,240 --> 02:15:58,230
within the spirit

3448
02:15:58,240 --> 02:16:01,393
and intent of the regulations.

3449
02:16:01,393 --> 02:16:08,790
>> [snorts]

3450
02:16:08,800 --> 02:16:12,040
» Uh is there a second of that motion?

3451
02:16:12,040 --> 02:16:12,880
>> Second.

3452
02:16:12,880 --> 02:16:14,494
>> Mr. Shuler seconds. Any

3453
02:16:14,494 --> 02:16:14,560
>> [clears throat]

3454
02:16:14,560 --> 02:16:19,830
>> further discussion?

3455
02:16:19,840 --> 02:16:21,280
Hearing none.

3456
02:16:21,280 --> 02:16:23,640
Um all those

3457
02:16:23,640 --> 02:16:25,120
in favor of finding that the applicant

3458
02:16:25,120 --> 02:16:27,560
has not met his burden

3459
02:16:27,560 --> 02:16:29,840
that was not substantial material

3460
02:16:29,840 --> 02:16:32,960
competent evidence

3461
02:16:32,960 --> 02:16:35,760
existing to include concluded this case

3462
02:16:35,760 --> 02:16:37,360
the request of variance is consistent

3463
02:16:37,360 --> 02:16:39,280
with the spirit purpose and intent of

3464
02:16:39,280 --> 02:16:41,160
the regulations.

3465
02:16:41,160 --> 02:16:43,790
Um

3466
02:16:43,800 --> 02:16:45,559
associate public safety secures

3467
02:16:45,559 --> 02:16:49,000
substantial justice achieved

3468
02:16:49,000 --> 02:16:51,200
building the accessory building into the

3469
02:16:51,200 --> 02:16:52,800
side setback because the applicant

3470
02:16:52,800 --> 02:16:55,760
thought the encroachment was minimal.

3471
02:16:55,760 --> 02:16:56,559
Um

3472
02:16:56,559 --> 02:16:59,709
and it was not

3473
02:16:59,719 --> 02:17:01,240
and that

3474
02:17:01,240 --> 02:17:02,920
is not within the spirit and intent of

3475
02:17:02,920 --> 02:17:04,559
the regulations.

3476
02:17:04,559 --> 02:17:06,719
I would favor he hadn't met his burden,

3477
02:17:06,719 --> 02:17:07,679
say I.

3478
02:17:07,679 --> 02:17:09,160
>> I.

3479
02:17:09,160 --> 02:17:11,480
I unanimous.

3480
02:17:11,480 --> 02:17:17,589
It's unanimous.

3481
02:17:17,599 --> 02:17:18,840
Um

3482
02:17:18,840 --> 02:17:21,080
>> For this one, I will restate this.

3483
02:17:21,080 --> 02:17:21,840
>> I'm sorry, what?

3484
02:17:21,840 --> 02:17:23,920
>> Oh, okay. For the number five one, I

3485
02:17:23,920 --> 02:17:26,920
would want I move that consistent with

3486
02:17:26,920 --> 02:17:29,800
the conclusions of law just discussed,

3487
02:17:29,800 --> 02:17:31,840
the Board of Adjustment does not grant

3488
02:17:31,840 --> 02:17:33,800
the applicant a variance.

3489
02:17:33,800 --> 02:17:36,120
Period.

3490
02:17:36,120 --> 02:17:37,040
>> That's your motion?

3491
02:17:37,040 --> 02:17:38,400
>> That's my motion.

3492
02:17:38,400 --> 02:17:40,400
>> And I'll second that. Any further

3493
02:17:40,400 --> 02:17:42,840
discussion?

3494
02:17:42,840 --> 02:17:44,800
Um

3495
02:17:44,800 --> 02:17:46,480
All in favor of the motion that we not

3496
02:17:46,480 --> 02:17:48,800
grant a variance, say I.

3497
02:17:48,800 --> 02:17:50,160
>> I.

3498
02:17:50,160 --> 02:17:50,679
>> Mr. Goodson.

3499
02:17:50,679 --> 02:17:53,910
>> Aye.

3500
02:17:53,920 --> 02:17:56,320
Mr. Aye.

3501
02:17:56,320 --> 02:17:59,910
>> Mr. Goodson.

3502
02:17:59,920 --> 02:18:04,190
Say aye.

3503
02:18:04,200 --> 02:18:11,709
All right.

3504
02:18:11,719 --> 02:18:13,200
a deadline

3505
02:18:13,200 --> 02:18:16,559
to be correction of the problem.

3506
02:18:16,559 --> 02:18:18,559
In other words, you got

3507
02:18:18,559 --> 02:18:20,120
you've got to correct this situation

3508
02:18:20,120 --> 02:18:23,519
within what do you think is reasonable?

3509
02:18:23,519 --> 02:18:26,750
6 months?

3510
02:18:26,760 --> 02:18:29,480
» 6 months?

3511
02:18:29,480 --> 02:18:32,750
What do you think is reasonable?

3512
02:18:32,760 --> 02:18:34,599
» I think 6 months is reasonable. I think

3513
02:18:34,599 --> 02:18:35,800
it should be

3514
02:18:35,800 --> 02:18:37,360
done sooner.

3515
02:18:37,360 --> 02:18:38,360
6 months.

3516
02:18:38,360 --> 02:18:40,240
>> Well, you got up to that point. Up to

3517
02:18:40,240 --> 02:18:40,639
that point.

3518
02:18:40,639 --> 02:18:41,760
>> I'm going to

3519
02:18:41,760 --> 02:18:43,280
get a higher survey everything and get

3520
02:18:43,280 --> 02:18:45,160
this thing done.

3521
02:18:45,160 --> 02:18:45,679
>> Why?

3522
02:18:45,679 --> 02:18:47,480
>> Cuz I don't want to do this and find out

3523
02:18:47,480 --> 02:18:48,800
we're in breach.

3524
02:18:48,800 --> 02:18:49,360
>> Yes.

3525
02:18:49,360 --> 02:18:50,320
>> Yeah, that's correct.

3526
02:18:50,320 --> 02:18:51,080
>> What do you suggest?

3527
02:18:51,080 --> 02:18:51,880
>> Yes.

3528
02:18:51,880 --> 02:18:54,870
>> Um

3529
02:18:54,880 --> 02:18:56,240
The applicant

3530
02:18:56,240 --> 02:18:57,280
>> Sorry for that.

3531
02:18:57,280 --> 02:18:59,080
>> That's all right.

3532
02:18:59,080 --> 02:18:59,960
>> The applicant

3533
02:18:59,960 --> 02:19:02,080
>> 1 ft 8 in from you.

3534
02:19:02,080 --> 02:19:04,559
>> 1 ft from your neighbor. 1 ft from your

3535
02:19:04,559 --> 02:19:05,960
neighbor.

3536
02:19:05,960 --> 02:19:07,639
Put away. That's how he got me.

3537
02:19:07,639 --> 02:19:09,639
>> Generally what's included in your work

3538
02:19:09,639 --> 02:19:11,559
as far as time to correct the problem is

3539
02:19:11,559 --> 02:19:13,480
something that would be handled through

3540
02:19:13,480 --> 02:19:15,599
staff as an administrative matter.

3541
02:19:15,599 --> 02:19:21,669
>> Yeah, but

3542
02:19:21,679 --> 02:19:23,679
the town ordinances give us all the

3543
02:19:23,679 --> 02:19:25,599
authority and power of

3544
02:19:25,599 --> 02:19:26,719
the administrator.

3545
02:19:26,719 --> 02:19:28,559
>> And yes, but that's where I get it.

3546
02:19:28,559 --> 02:19:30,341
>> So, if we're going to go ahead and do

3547
02:19:30,341 --> 02:19:30,880
>> [laughter]

3548
02:19:30,880 --> 02:19:31,480
>> So, we're going to go to

3549
02:19:31,480 --> 02:19:33,360
>> That's That's generally where that gets

3550
02:19:33,360 --> 02:19:35,120
basically wrapped up. There's additional

3551
02:19:35,120 --> 02:19:37,559
time, however, since the board is

3552
02:19:37,559 --> 02:19:38,440
hearing

3553
02:19:38,440 --> 02:19:41,120
the matter, the board can impose those

3554
02:19:41,120 --> 02:19:43,599
conditions and give staff direction if

3555
02:19:43,599 --> 02:19:44,880
you choose to do so.

3556
02:19:44,880 --> 02:19:45,320
>> Thank you.

3557
02:19:45,320 --> 02:19:47,639
>> Which is the second part of my

3558
02:19:47,639 --> 02:19:48,240
presentation.

3559
02:19:48,240 --> 02:19:49,600
>> I'm not going to write that down, but

3560
02:19:49,600 --> 02:19:50,760
thank you.

3561
02:19:50,760 --> 02:19:52,200
The applicant

3562
02:19:52,200 --> 02:19:54,600
must remove

3563
02:19:54,600 --> 02:20:01,150
um

3564
02:20:01,160 --> 02:20:03,200
» all

3565
02:20:03,200 --> 02:20:09,070
of the

3566
02:20:09,080 --> 02:20:13,470
constructed

3567
02:20:13,480 --> 02:20:17,670
accessory building

3568
02:20:17,680 --> 02:20:20,910
that

3569
02:20:20,920 --> 02:20:23,640
encroaches

3570
02:20:23,640 --> 02:20:25,362
into the

3571
02:20:25,362 --> 02:20:26,760
>> [clears throat]

3572
02:20:26,760 --> 02:20:29,160
>> western

3573
02:20:29,160 --> 02:20:36,270
side setback

3574
02:20:36,280 --> 02:20:41,950
within 180 days

3575
02:20:41,960 --> 02:20:46,790
of the filing

3576
02:20:46,800 --> 02:20:54,390
of this decision.

3577
02:20:54,400 --> 02:20:55,880
This

3578
02:20:55,880 --> 02:20:57,920
I I make the motion that we say that the

3579
02:20:57,920 --> 02:20:59,600
applicant must remove all of the

3580
02:20:59,600 --> 02:21:02,240
constructed accessory building that

3581
02:21:02,240 --> 02:21:04,000
encroaches into the

3582
02:21:04,000 --> 02:21:07,280
western side setback within 100 days 180

3583
02:21:07,280 --> 02:21:09,080
days of the filing

3584
02:21:09,080 --> 02:21:10,560
of this decision.

3585
02:21:10,560 --> 02:21:11,920
Is there a second?

3586
02:21:11,920 --> 02:21:12,680
>> Second.

3587
02:21:12,680 --> 02:21:14,320
>> Mr. Walker seconds. Any further

3588
02:21:14,320 --> 02:21:16,960
discussion?

3589
02:21:16,960 --> 02:21:19,480
All those in favor of adopting

3590
02:21:19,480 --> 02:21:21,910
um

3591
02:21:21,920 --> 02:21:23,720
that term, say I.

3592
02:21:23,720 --> 02:21:24,320
>> I.

3593
02:21:24,320 --> 02:21:28,830
It's unanimous then.

3594
02:21:28,840 --> 02:21:30,840
This decision is effective after review

3595
02:21:30,840 --> 02:21:32,560
and approval of the written decision by

3596
02:21:32,560 --> 02:21:34,480
all participating board members and then

3597
02:21:34,480 --> 02:21:36,920
filing with the clerk, which means I

3598
02:21:36,920 --> 02:21:39,080
will type it up. I'll share it with all

3599
02:21:39,080 --> 02:21:40,920
the other board members and if they see

3600
02:21:40,920 --> 02:21:42,440
no errors

3601
02:21:42,440 --> 02:21:44,600
or mistakes in it, um

3602
02:21:44,600 --> 02:21:46,080
they'll tell me and I will tell the

3603
02:21:46,080 --> 02:21:48,920
clerk that she can proceed with filing.

3604
02:21:48,920 --> 02:21:49,880
Um

3605
02:21:49,880 --> 02:21:53,200
I I make a motion that the board adopt

3606
02:21:53,200 --> 02:21:55,120
the conclusions of law that we have just

3607
02:21:55,120 --> 02:21:56,800
articulated.

3608
02:21:56,800 --> 02:21:58,360
Uh is there a second?

3609
02:21:58,360 --> 02:21:59,120
>> Second.

3610
02:21:59,120 --> 02:22:00,800
>> Seconded by Mr. Walker. Any further

3611
02:22:00,800 --> 02:22:02,960
discussion?

3612
02:22:02,960 --> 02:22:05,320
Uh all those in favor of adopting the

3613
02:22:05,320 --> 02:22:07,400
conclusions of law

3614
02:22:07,400 --> 02:22:09,120
just stated, say I.

3615
02:22:09,120 --> 02:22:10,480
>> I.

3616
02:22:10,480 --> 02:22:14,950
That's unanimous.

3617
02:22:14,960 --> 02:22:16,800
And

3618
02:22:16,800 --> 02:22:18,560
I now make a motion that we conclude

3619
02:22:18,560 --> 02:22:20,800
this meeting of the

3620
02:22:20,800 --> 02:22:22,200
Glowing Rock Board of Adjustment. Is

3621
02:22:22,200 --> 02:22:23,120
there a second?

3622
02:22:23,120 --> 02:22:23,960
>> Second.

3623
02:22:23,960 --> 02:22:25,440
>> It's been moved and seconded. All those

3624
02:22:25,440 --> 02:22:27,520
in favor of ending this meeting, say I.

3625
02:22:27,520 --> 02:22:28,200
>> I.

3626
02:22:28,200 --> 02:22:31,720
It's unanimous.