[0:00] that's ready to get started um
[0:03] this uh for this will be um my name is
[0:06] jody hunstar and this will be
[0:08] my uh first go of trying to uh chair the
[0:11] board of appeals
[0:12] so i'm going to ask uh uh the
[0:15] the um town council to feel free to
[0:18] chime in
[0:19] if i am uh doing something out of order
[0:22] um but uh let's see i guess we'll
[0:26] we'll kick this uh this meeting off for
[0:28] the board of appeals on
[0:30] april 27th um i believe we start with a
[0:34] uh
[0:34] called order and a roll call so i will
[0:37] check
[0:37] it looks like i'm seeing people pop on
[0:39] here so hopefully they're uh
[0:42] they can hear me um but i guess we'll
[0:44] just start with uh
[0:45] uh mr david ferguson are you in
[0:47] attendance
[0:50] i see you talking uh you're muted by
[0:53] them
[0:55] david unmute yourself okay
[0:58] there we go i i am here hi mr perkins um
[1:02] uh we'll pop over and see i see paul
[1:05] dougherty
[1:05] on here he might not have mike
[1:09] i'm present okay all good uh last one
[1:12] is kelly stewart do we have kelly
[1:14] stewart in attendance
[1:18] hearing none um i believe we have a
[1:20] quorum and can
[1:22] uh ken move on um
[1:26] so the first case on the docket is
[1:30] 2021-1 by uh mr colin wana
[1:33] um of 8736 bayside road uh requesting a
[1:37] variance to section 290 19a
[1:40] uh of the zoning code to allow a new
[1:43] house
[1:43] uh to encroach into the uh eight foot
[1:46] psi yard
[1:47] so i think uh if my understanding is
[1:49] correct i'll pass it off to mr
[1:51] wanna or his representative to
[1:54] discuss mr chairman
[1:57] before you go there according to the
[1:59] procedures
[2:00] and the order of presentation uh first
[2:04] you need to incorporate the file and the
[2:06] record
[2:07] provided by staff into the into the
[2:10] record of the hearing tonight
[2:12] which essentially should be the
[2:14] application
[2:15] and i think uh the staff is
[2:20] showing on the screen you know what is
[2:23] part of the materials it looks like
[2:26] for this particular application there
[2:29] are
[2:29] 25 pages of materials
[2:33] and i i believe that staff
[2:36] also has uh some confirmation
[2:39] of that the required advertising posting
[2:42] and mailing
[2:43] of this uh hearing relating to this
[2:46] hearing
[2:46] have been successfully uh complied with
[2:49] uh you may want to ask
[2:51] staff to confirm that okay i'll pass it
[2:54] over to um
[2:55] to sharon if that is indeed the case
[3:00] yes notification was public for three
[3:03] consecutive weeks beginning april 9th
[3:06] uh in the calvert recorder on march
[3:09] 30th 2021 the planning and zoning was
[3:12] notified of the hearing
[3:14] notification was sent registered mail to
[3:17] applicant on
[3:18] march 30th and adjoining property owners
[3:20] on april 9
[3:22] and the property was posted on april 9
[3:24] 2021
[3:28] thank you
[3:32] um so within the uh sharon what was the
[3:35] date of the posting
[3:38] posting was april 9th okay
[3:41] i thought that's what you said thank you
[3:43] very much
[3:48] okay uh should we go to the petitioner
[3:51] or does this go to the uh
[3:53] staff uh report from mr jacobian
[3:57] go to the petitioner first okay uh
[4:00] passing it over
[4:01] um to mr wunup or his representative
[4:05] yes uh can you hear me yes
[4:09] oh great uh well first i'd just like to
[4:13] thank you jody
[4:14] and the rest of the board for your time
[4:17] and uh thank you to sharon hum and chris
[4:20] jacobiak
[4:21] for guiding me through this application
[4:24] process
[4:25] my name is colin wanna and
[4:28] my wife natalie wanap and i bought our
[4:31] house
[4:33] in chesapeake beach three years ago
[4:36] i worked for the fda in silver spring
[4:39] and she works for a digital marketing
[4:41] company in
[4:43] baltimore the house we purchased on
[4:46] bayside road is in the most northern
[4:49] neighborhood of chesapeake beach
[4:52] our house is one of those cottage style
[4:56] beach houses we love the town and want
[5:00] to start a family
[5:02] but our home is only one bedroom
[5:06] and houses of one bedroom can't
[5:09] really accommodate children so
[5:12] our plan is to add an additional two
[5:15] bedrooms
[5:16] to the back of the house currently in
[5:19] the back of the house there is a
[5:21] a deck and we want to replace that deck
[5:25] with this edition
[5:28] so just to be clear this would continue
[5:32] the existing profile of the house
[5:35] straight back we wouldn't be changing
[5:38] anything
[5:39] to the front of the house or the sides
[5:42] or the top
[5:43] and in order to do this i need approval
[5:47] from the board because of chesapeake
[5:50] beach code
[5:52] 29019 requires
[5:55] an eight feet setback
[5:58] for additions and
[6:03] this addition that i would be adding
[6:05] would not be
[6:06] encroaching any closer to the property
[6:09] line
[6:10] it would just be extending the perimeter
[6:13] of the house
[6:15] towards the back by an additional 14 and
[6:17] a half feet
[6:19] now both my next door neighbors have
[6:22] signed
[6:23] letters of support uh for for me and my
[6:26] wife
[6:27] they do support us on this project i've
[6:30] also shared the plans with chris
[6:32] and he has reviewed them and says that
[6:35] everything
[6:36] should check out if if the board does
[6:38] approve
[6:40] so at this point i'd be happy to
[6:43] elaborate
[6:44] on any of the details that i've provided
[6:48] so far or um to answer questions from
[6:51] from those of you
[6:55] all right thank you um i think we can
[6:57] hold the questions
[6:59] uh for the moment and pass it over to mr
[7:02] takubiak for his
[7:04] staff presentation at which point will
[7:06] take
[7:07] additional testimony or opposition if
[7:09] any exists
[7:11] thank you mr chairman and welcome to the
[7:13] board of appeals
[7:14] thank you so far so good um
[7:18] yes i i like to
[7:22] thank um the applicant has been very
[7:25] helpful and
[7:26] responsive and provided in a really
[7:28] accident excellent
[7:29] application
[7:30] [Music]
[7:32] in anticipation of obtaining his zoning
[7:34] permit what you'll need
[7:37] the this lot is uh
[7:40] quite small it's so it is one of the
[7:43] cottage houses
[7:44] it's also one of the very small lots
[7:46] it's a 3 000
[7:48] square foot lot the minimum lot size in
[7:51] the zone is 6 000
[7:53] square feet so it's got a small lot it's
[7:56] um
[7:57] only 30 feet wide
[8:01] the standard or minimum lot size in the
[8:04] zoning district
[8:05] is 50. so the applicant is
[8:10] building on a constrained lot to begin
[8:13] with
[8:13] uh and he is accurate in describing that
[8:16] the proposed edition would come no
[8:20] closer
[8:21] to the side lot line than it currently
[8:23] does and it would be
[8:24] 5.2 feet away from the
[8:27] side lot line uh
[8:30] as you know you might have seen the
[8:32] staff report there are
[8:34] a number of conditions that the board
[8:37] has to
[8:38] find have been established
[8:41] and i'll just just by way of introducing
[8:45] each of the conditions just
[8:47] maybe offer some observations about each
[8:50] one
[8:51] certainly i'm here if you have any need
[8:53] for deliberations or need more facts
[8:56] uh to support a decision the first
[9:00] standard speaks to
[9:04] a harmonious type of project
[9:07] with respect to the neighborhood the
[9:08] granting of the variants will
[9:10] shall be in harmony with the general
[9:11] purpose and intent of this chapter
[9:14] and shall not be injurious to the
[9:16] neighborhood
[9:17] or otherwise detrimental to the public
[9:19] welfare
[9:21] and i always share with you based on a
[9:24] lot of experience in in town that
[9:26] this project is uh in keeping with the
[9:29] pattern that has been established
[9:31] uh not only in this neighborhood but in
[9:34] all of the larger neighborhood uh from
[9:37] maryland 260 north um
[9:40] where the lots are relatively small and
[9:43] additions do get built from time to time
[9:46] and do require variances um the property
[9:49] is in the critical area
[9:51] um as uh the applicant mentioned though
[9:54] this um
[9:58] this uh addition would be built over
[10:01] existing development on the lot the
[10:02] existing um deck
[10:06] it may create some additional impervious
[10:09] surface
[10:10] when when all said and done um and if it
[10:13] does
[10:13] there will be some critical area
[10:15] mitigation that's necessary to deal with
[10:17] the potential
[10:18] impact of added water flowing off the
[10:21] property
[10:22] but that is typical for all development
[10:24] projects in the critical
[10:25] area and this is not the most intensive
[10:28] or the most
[10:29] restrictive part of the critical area
[10:31] it's actually called the ida
[10:33] the intensive development area and
[10:36] it really anticipates uh an urban type
[10:39] of development
[10:41] in keeping with the pattern of the
[10:42] neighborhood the second one is that the
[10:45] granting of the variants would not
[10:46] permit the existence
[10:47] within the district of any use which is
[10:50] not permitted
[10:51] in that district uh and clearly the
[10:54] applicant is just expanding
[10:56] his proposed or his house and he's not
[10:59] changing the use
[11:00] as it turns out this property is
[11:02] actually zoned uh
[11:03] commercial um and it's essentially a
[11:07] non-conforming use
[11:08] within the commercial zone
[11:11] but the expansion is not uh greater than
[11:14] 50
[11:15] of the total floor area it's an
[11:16] allowable expansion within the
[11:18] commercial zoning district
[11:22] um three that there are special
[11:25] circumstances or conditions
[11:28] described in the findings applying to
[11:31] the land
[11:32] or the buildings for which the variance
[11:34] is sought
[11:35] which conditions are peculiar to the
[11:39] land or buildings and do not apply
[11:42] generally to land or buildings in the
[11:45] neighborhood
[11:47] and that said conditions or
[11:49] circumstances are such that
[11:52] strict interpretation of the chapter
[11:54] would deprive
[11:55] the applicant of reasonable use of the
[11:58] land
[11:59] or building
[12:02] this is in many ways often a hard
[12:05] standard to
[12:06] meet within chesapeake beach where there
[12:09] is a pattern of smaller
[12:11] non-conforming lots like we have here
[12:15] um but the applicant's house is already
[12:17] located 5.2 feet from the sidelot line
[12:20] and this you know this actual dimension
[12:23] is not one that is generally
[12:24] found within the commercial district
[12:27] though
[12:28] it is a pattern within the neighborhood
[12:30] that
[12:31] the required eight feet
[12:34] is not met the required eight foot side
[12:37] yard is not typically met
[12:39] on these 30 foot lots so uh strictly
[12:43] applying the eight foot
[12:44] required setback would require the
[12:46] applicant to
[12:47] adjust the addition somewhat it would
[12:49] effectively require
[12:51] that the addition jog in us
[12:54] a couple feet to make that
[12:57] um eight foot separation work
[13:04] so that's something for the the board to
[13:06] consider
[13:07] um this would effectively mean that the
[13:11] the the wall
[13:15] uh facing the lot line would um
[13:19] would jog just slightly uh
[13:22] off of the main profile of the building
[13:25] for that there exists unnecessary
[13:27] hardship uh
[13:28] in other words the applicant in light of
[13:32] the conditions of the land and the lot
[13:34] wouldn't be able to do something that a
[13:37] reasonable
[13:39] applicant should be able to do under the
[13:41] zoning laws
[13:43] and therefore suffer a hardship
[13:47] if the hardship is general that is
[13:49] shared generally by land or buildings in
[13:51] the neighborhood
[13:51] then the relief shall be properly
[13:53] obtained only by legislative action
[13:56] or by court review or attack on the
[13:58] validity of the ordinance
[14:00] uh that's quite a um a burden to put on
[14:03] any
[14:04] individual applicant and the planning in
[14:06] the the board of appeals is typically
[14:08] found that
[14:08] uh when there are non-conforming lots
[14:11] and additions that are reasonable that
[14:16] this standard is is met
[14:20] there are as you know within this part
[14:22] of town a lot of
[14:25] properties that are small there are a
[14:26] lot of buildings that
[14:28] uh are not conforming
[14:32] to the setback requirements all of them
[14:36] are different on some level but there
[14:38] are many
[14:39] lots in this category five the granting
[14:42] the variance is necessary for the
[14:44] reasonable use of the land or building
[14:46] and that the variance as granted by the
[14:48] board is the minimum
[14:50] variance that will accomplish this
[14:53] purpose
[14:55] so the question is
[14:58] can the applicant persuade you that
[15:01] he needs all 5.2
[15:04] feet or
[15:10] in order to build the the addition uh
[15:13] that's being proposed or i should say
[15:15] the 2.8 feet of
[15:17] encroachment into the setback does he
[15:20] really need that or can
[15:22] the addition work while
[15:26] the full 8 feet is provided
[15:31] and for that answer you may want to
[15:34] question the applicant about his floor
[15:37] plans and
[15:38] the design of his project so that you
[15:40] could understand
[15:41] the what in construction terms is
[15:45] actually happening there
[15:47] uh sometimes we hear or we see we apply
[15:49] the standard
[15:50] standard and we try to apply it strictly
[15:52] and we've realized that
[15:54] there's no way you can build half a
[15:55] bathroom or
[15:57] you can't take three feet off of a
[16:00] small bedroom because all of a sudden
[16:02] you've eliminated a closet
[16:04] and so when you start looking at these
[16:07] things in practical terms
[16:09] uh the the um there's a lot more clarity
[16:14] so so those are the standards there's
[16:16] five of them that generally you have to
[16:17] meet
[16:18] that an applicant has to meet and um
[16:22] as the hearing goes on if you have any
[16:23] questions uh please let me know
[16:26] uh thank you mr kubiak is there any
[16:28] recommendation you
[16:30] or planning and zoning in general would
[16:32] like to make
[16:33] at this point i would recommend approval
[16:36] of this application
[16:37] since you've asked thank you and for
[16:39] many of the reasons i mentioned
[16:41] i i think it does on balance comply with
[16:43] the standards
[16:45] thank you um i believe at this point we
[16:49] uh
[16:49] is there anything you'd like to add on
[16:50] to that uh mr one up at this time
[16:54] no no and and once again i just want to
[16:57] thank
[16:58] uh chris and the rest of the board here
[17:02] for uh your time and to sharon
[17:05] uh i've you know everyone's been really
[17:08] helpful in this process and uh
[17:10] i i can't recommend uh them enough it's
[17:14] been
[17:14] a delight working with them
[17:18] um at this uh at this point uh i believe
[17:22] i believe we had some
[17:23] documents entered into the record from
[17:26] your neighbors who are proponents of
[17:28] your proposal um is there anyone else
[17:31] who would like to
[17:32] speak at this time either as a proponent
[17:35] for um mr juana if you do please
[17:39] state your name and address and uh
[17:41] you're speaking on your own behalf
[17:49] uh hearing none um are there any
[17:52] is there anybody who is standing in
[17:54] opposition to
[17:56] the plans presented here
[18:02] hearing none um mr sussman is this am i
[18:06] correct in that this is the point in
[18:07] time where we go
[18:08] on to question and answer from the board
[18:12] yes thank you sure um i will pass it
[18:15] over
[18:16] to um either mr doherty or mr ferguson
[18:20] for any follow-up questions
[18:22] or uh anything in general you'd like to
[18:24] uh to address
[18:25] the attendees here this is david
[18:29] ferguson
[18:30] um i and just looking at a map that
[18:34] looks like
[18:36] the adjoining property on the side where
[18:39] we're asking for the waiver is a vacant
[18:43] lot or parking lot is that correct
[18:47] uh that that is correct yes uh but there
[18:50] is a house
[18:51] that is uh a little bit back uh further
[18:54] so
[18:55] um i'm sure you're probably familiar
[18:57] with uh
[18:58] neptune's neptune's across street has
[19:02] this
[19:02] a parking lot there and
[19:05] um the owner bill he
[19:09] he owns that lot and yeah he has
[19:12] he he he has signed saying that he
[19:15] endorses
[19:16] um this this project yeah
[19:19] that was my point is it uh
[19:22] you know a 2.7 foot
[19:26] encroachment or a parking lot isn't
[19:29] really crowding a lot
[19:30] uh and especially since the existing
[19:33] house and the
[19:35] the block shed are at that same
[19:38] line um you know it it
[19:43] doesn't seem to me that this is much of
[19:45] an imposition
[19:46] from the uh from the setback uh
[19:50] perspective um the uh
[19:54] you know potential uh
[19:59] you know mitigation of uh you know being
[20:02] in the critical area
[20:03] of you know the improved
[20:06] area you know might be something that
[20:09] you'll have to work
[20:11] with the talent on but uh
[20:14] that that was my observation is that
[20:17] you know you're not building
[20:20] um five feet from another structure uh
[20:25] there's right yeah
[20:28] okay thank you yeah thank you for that
[20:31] mr chairman can i weigh in on that
[20:34] answer a little bit or just please do
[20:35] thank you um
[20:36] just factually um
[20:40] the the
[20:43] the area that um
[20:50] um um
[20:54] never mind i think yeah what i guess
[20:56] what i would say is that the
[20:58] variance encroaches onto the south side
[21:00] as well
[21:02] of the lot right so it's it's a
[21:06] variant flies there
[21:09] correct yeah so like my name my neighbor
[21:12] to the south
[21:14] um
[21:17] because it's a 30-foot
[21:20] wide lot and the house is 22 and a half
[21:24] feet uh on both sides it does
[21:28] um it does fall into that eight feet
[21:32] setback
[21:32] uh however as as as we've discussed
[21:36] you know this would would be continuing
[21:38] the existing profile of the house
[21:40] uh and and um you know wouldn't be
[21:44] encroaching further and um as i've
[21:47] mentioned
[21:47] both of those neighbors have um
[21:51] you know you know signed letters of
[21:52] support um
[21:54] so i i know it wouldn't be an issue
[21:58] with with those owners
[22:02] thank you very good
[22:08] is there anything else the board would
[22:09] like to uh question
[22:11] at this time
[22:16] okay uh hearing none um
[22:21] yes go ahead i was gonna say there's the
[22:23] opportunity
[22:24] for uh the applicant to make any
[22:27] summary statements or closing remarks as
[22:30] well as for mr jakubiak
[22:32] if either of them care to add anything
[22:34] to what's already been said
[22:38] i mean i would i would just echo my uh
[22:40] thank you
[22:41] to to those who have helped me
[22:47] thank you um okay at this point i will
[22:50] open it up for any
[22:52] uh any more public statements on the
[22:54] matter
[22:58] hearing none um i believe that that is
[23:01] the close
[23:02] of the public hearing and do i hear
[23:05] a motion made to begin deliberations on
[23:09] this particular case
[23:14] uh this is dave ferguson uh so moved
[23:17] uh second anybody i will suck at that
[23:21] thank you uh in that case uh public
[23:23] comment is closed
[23:25] um the board can begin discussion as
[23:27] they see fit
[23:28] the floor is open
[23:32] mr chairman uh before the board
[23:35] begins deliberation just to reiterate
[23:38] the protocol that we've established in
[23:40] prior hearings
[23:42] once the board decides conceptually
[23:45] what position i want to take on the
[23:47] application typically the board will
[23:50] request that i prepare a resolution
[23:54] to embody the board decision and that
[23:56] will be provided
[23:58] back to you for review and formal
[24:00] approval
[24:01] sounds good thank you
[24:08] okay i'll i'll chime in and i want to
[24:12] thank
[24:14] mr jacobiak for an excellent
[24:18] staff report on this he's addressed all
[24:21] of the five
[24:21] conditions that must be met in order to
[24:25] grant a variance and uh
[24:28] from my perspective the application does
[24:31] satisfy
[24:32] those five conditions so uh
[24:35] i'm inclined to support the the variance
[24:39] request
[24:42] thank you is there anything you'd like
[24:46] to uh add to this mr dougherty
[24:48] uh my thinking is along the same lines
[24:51] as david
[24:52] uh i want to thank chris for that that
[24:55] uh
[24:55] staff report because that did help me a
[24:58] lot
[24:59] this being my first hearing in coming to
[25:01] a decision
[25:06] okay uh i think we can skip to the um
[25:10] uh the the voting if we'd like to um mr
[25:14] ferguson how do you do you find that the
[25:16] standards have been
[25:18] met in this particular case i do
[25:21] indeed and i vote to approve okay thank
[25:24] you
[25:25] mr dougherty i also vote to approve
[25:28] okay uh then with uh quorum we are
[25:31] approved
[25:32] um would the town council like to
[25:35] oh staff council like to add anything at
[25:37] this point in terms of
[25:39] advice or the drafting of a resolution
[25:44] now mr chairman i will prepare a draft
[25:46] resolution
[25:48] for the board to consider i do think
[25:50] that
[25:51] the grants of the variants want to be
[25:53] tied to
[25:55] compliance with the
[25:58] layout of the plans that have been
[25:59] presented as part of the application
[26:02] sounds reasonable are there any
[26:05] objections from
[26:06] board members
[26:09] no objections okay then i believe that
[26:13] uh concludes our first um
[26:16] first report of the night um
[26:20] that was the end of the 8736 bayside
[26:23] road
[26:27] variance request we will be moving on
[26:30] now
[26:31] to 39 10. let me get this right
[26:34] um 3910 27th street from
[26:38] ron and sherry martin um
[26:41] and we have already gone through the um
[26:45] the journey of the starting this meeting
[26:47] um so i
[26:49] will pass it up apologies let me back up
[26:52] um uh sharon would you like to say
[26:55] anything about the
[26:57] um files that have been provided to the
[26:59] town
[27:00] and how long uh the public
[27:03] notice has been available yes
[27:06] a notification was published for three
[27:09] consecutive weeks beginning
[27:11] april 9th in the catholic recorder
[27:13] newspaper
[27:14] on march 30 2021 the planning and zoning
[27:25] and adjoining property owners on april
[27:27] 9th
[27:28] the property was posted on april 9th
[27:30] 2021
[27:32] hi sharon can you go through that again
[27:34] because we've lost you midway
[27:37] oh um well notification was public for
[27:42] three consecutive
[27:43] weeks beginning april 9th in the calvary
[27:45] corridor newspaper
[27:47] on march 30th 2021 the planning and
[27:50] zoning was notified of the hearing
[27:52] notification was sent registered mail to
[27:55] applicant
[27:56] on march 30th and adjoining property
[27:58] owners on april 9
[28:00] and the property was posted on april 9
[28:03] 2021
[28:05] thank you sharon
[28:08] and mr chairman i think at this point
[28:10] you also would want to
[28:12] make a part of the record the
[28:14] application and other
[28:16] materials case materials that have been
[28:18] submitted
[28:19] that's right the the formal
[28:22] documentation provided to the town is
[28:24] entered into the
[28:25] record and now i will pass it over to
[28:30] the petitioner
[28:31] um ron and sherry martin or their
[28:33] representatives to discuss
[28:35] um their request for variance to section
[28:38] 290 19a
[28:40] of the zoning ordinance okay
[28:43] well thank you everyone for being here i
[28:45] appreciate all your help
[28:47] and um on behalf on behalf of my husband
[28:49] and i
[28:50] um we look forward to working with you
[28:52] in the future
[28:54] um we purchased our home here
[28:57] in chesapeake beach in december of 2019.
[29:01] my husband and i both retired from
[29:03] california i'm a retired teacher he's
[29:04] retired nurse
[29:06] and we have a lot of family here in
[29:08] chesapeake beach in fact my father lives
[29:09] just right here on the street with me
[29:11] right up on 27th um
[29:14] and we bought the home um we we love our
[29:17] neighborhood we love our neighbors um
[29:19] and we love absolutely everything about
[29:21] this town so this is where we are
[29:23] expecting to spend the next 60 years
[29:26] here in chesapeake beach
[29:29] our what we're hoping to do is to go
[29:32] up in our second store we have a small
[29:34] dormer and we'd like to go
[29:36] up and add a master bedroom
[29:40] and a another bathroom upstairs we
[29:43] currently have a two bedroom one bath
[29:46] and um one bathroom is kind of difficult
[29:48] for just the two of us but we have
[29:50] elderly parents who will be visiting
[29:52] often hopefully from california who will
[29:53] come and stay with us probably
[29:55] about six months each year and so we're
[29:58] hoping to make our house a little more
[30:00] spacious for them
[30:01] we're also doing a lot of improvements
[30:04] to our home
[30:04] we're replacing all the electrical the
[30:06] plumbing adding
[30:08] hvac just really want to make the home
[30:10] very
[30:11] sound and safe and comfortable because
[30:13] we don't plan on
[30:14] on moving our house as you know
[30:18] sits unfortunately because it was built
[30:20] we believe in that we
[30:22] believe it was built in the 1940s we're
[30:23] not quite sure yet
[30:25] um but our house sits just within about
[30:28] two feet of our property line
[30:31] um the addition we're making however is
[30:34] not going to make any changes to this
[30:36] setback whatsoever
[30:38] and we won't be encroaching any further
[30:40] into the
[30:42] towards the neighbor um we also
[30:46] we are we are perfectly aware that we
[30:47] are part of the critical area of the of
[30:49] the town
[30:50] but we aren't making any changes to the
[30:52] front part of our home
[30:53] so we won't be adding any um increase
[30:56] to that impervious service which we know
[30:58] is something that concerns us as well
[31:02] um so that's where we're at
[31:05] right now we've had our plans submitted
[31:07] and approved but um
[31:09] we realized that our house i'm sure the
[31:12] house with the property
[31:14] there wasn't the ordinance at the time
[31:15] that the property was drawn back in and
[31:18] this is in the 40s or whenever the
[31:20] the fence was put there um but we are
[31:22] very mindful we were very mindful when
[31:24] we did our plans to make sure that
[31:26] we wanted to maintain the charm of our
[31:28] home because we love the way the home
[31:29] looks right now
[31:31] um we also have a really great
[31:34] relationship with our neighbors and so
[31:36] it was really important to us to make
[31:37] sure that any changes we made to the
[31:39] house
[31:40] um especially the house to the west of
[31:43] us
[31:43] the house at 3906 wanted and make sure
[31:45] that
[31:46] we did not block any of the view that
[31:48] that our neighbor joanne might have to
[31:50] the
[31:51] to the bay and um we we've spoken with
[31:54] her and she actually took me upstairs
[31:56] and um i was able i shared we shared the
[31:59] plans with her and
[32:00] i was able to see that by going up we
[32:02] aren't actually
[32:03] decreasing any of the view that she has
[32:05] out of the window she has up there
[32:07] because
[32:07] that mattered a lot to us as well um we
[32:11] also consider that
[32:13] we have recently um put in a garage and
[32:15] so we had to
[32:18] turn in a design to um where we were
[32:21] going to put in
[32:22] plants you know trees and bushes to
[32:24] offset
[32:25] the increase in adding our garage and
[32:27] and designing our landscaping we also
[32:30] considered that we wanted to make sure
[32:31] that anytime we plant anywhere we
[32:33] planted a tree or
[32:34] anything that we weren't we weren't
[32:36] obstructing what little any view that
[32:37] any of our neighbors might have
[32:39] of the water because that was important
[32:41] to us not just
[32:42] not just impervious surface and
[32:44] maintaining that but that would be
[32:46] considered
[32:46] our neighbors so so we're hoping to go
[32:48] up um
[32:49] and and increase you know add a bathroom
[32:52] add another bedroom up there and make it
[32:54] also make it safer
[32:56] and make it more useful um but also
[32:59] um we do realize that we are you know
[33:02] we're just already sitting our house is
[33:04] already sitting where it's not supposed
[33:05] to be
[33:07] so so that's where we're at so we're
[33:09] hoping you'll consider that with us our
[33:11] variants
[33:11] thank you thank you uh i will pass it
[33:15] over to mr jacobiak
[33:17] for a summary however much depth he'd
[33:20] like to go into
[33:22] of his staff report on this particular
[33:24] project okay thank you
[33:26] um the lot is 3910
[33:30] 27th street and the property is owned
[33:33] residential village or village
[33:35] residential
[33:36] um the required setback is eight feet
[33:40] right now there's um just one foot plus
[33:43] or minus and
[33:45] requested variance is essentially a
[33:47] seven foot
[33:48] uh variance then um this lot
[33:52] is six thousand nine hundred square feet
[33:54] uh in size
[33:56] uh according to the state department of
[33:59] assessments and taxation
[34:01] and and by the way um mrs martin they
[34:04] the state also says that the house was
[34:06] built in 1940
[34:08] although i think that's kind of a plug
[34:09] number they use for structures they
[34:11] don't
[34:12] quite know when we're built so uh you
[34:14] know certainly in 1940s
[34:16] is right uh in the ballpark and it's
[34:19] about when the
[34:20] middle subdivision was really starting
[34:21] to fill in um
[34:23] this is part of the middle subdivision
[34:25] kind of middle between
[34:26] this core of chesapeake beach and north
[34:28] beach um
[34:31] the construction activity will be
[34:34] entirely
[34:34] vertical adding a second floor and you
[34:37] saw on the staff report
[34:38] members the applicants before or
[34:41] existing and proposed home renderings
[34:45] and um uh the
[34:50] the same type of discussion of oh and
[34:53] then i also showed the renderings
[34:55] uh from the side profile too the side
[34:58] that will face
[34:59] the closest house which would be on the
[35:02] west side
[35:05] the applicants are not intending to
[35:07] change the use of the property
[35:11] a two-story house is certainly
[35:13] harmonious in character with
[35:15] this part of town certainly there's no
[35:18] injury that's
[35:19] as far as i can tell is being imposed on
[35:22] any property owner or
[35:23] on the neighborhood generally
[35:28] the house is already located one foot
[35:30] from the lot line
[35:31] um and this is actually not as
[35:34] typical typically found as uh
[35:38] you might expect in the village a
[35:40] residential village district where the
[35:42] lots
[35:42] are often a bit larger than the 3 000
[35:45] square foot lot you might
[35:47] sometimes see so this is truly a very
[35:49] unique
[35:50] situation and
[35:55] the applicants would suffer a hardship
[35:57] in that they would not be
[35:59] able to build a second story on their
[36:01] home
[36:03] just by virtue of the fact of the
[36:05] house's current location
[36:08] so i in anticipation of your your
[36:11] question mr uh
[36:12] chairman i would say that i i would
[36:14] recommend the approval of this variance
[36:16] as well
[36:18] thank you
[36:23] okay at this point i will open
[36:26] up the floor to any testimony
[36:30] for proponents of this plan speaking
[36:33] from the public if you do choose to
[36:36] speak please
[36:37] state your name address and
[36:40] and who you represent if you're speaking
[36:42] for someone else or on your own behalf
[36:50] my name's annette taylor uh i live at
[36:53] 8310
[36:54] bayside road uh we have several
[36:56] neighbors here they can provide their
[36:58] own names and addresses if you'd like
[37:00] them to
[37:00] um no all of us have seen the plans and
[37:03] we think it would do nothing but enhance
[37:05] the neighborhood the neighbor who
[37:08] had an issue with the potential water
[37:10] view is also here
[37:12] and would be happy to talk about any of
[37:14] that too but
[37:17] thank you
[37:23] okay uh are any other comments from
[37:26] members of the public at this point
[37:34] only excuse me mr chairman
[37:38] yes uh did the person who just spoke uh
[37:41] identified herself to the record yes
[37:44] sorry it was on mute go ahead i'm sorry
[37:47] here she is uh joanne mattingly
[37:50] 3906 27th street
[37:53] and i am satisfied that my water view
[37:56] will not be impacted
[37:58] thank you
[38:05] any others hello hello please take it
[38:09] away
[38:10] hi um my name is chris calantonio and i
[38:13] live across the street
[38:14] at 39 11 27th street and we think the
[38:17] plan's great
[38:18] so we um are not opposing it
[38:21] at all thank you
[38:30] any further comments
[38:36] hearing none i will move on to any
[38:39] is there anyone who would like to speak
[38:41] in opposition uh similarly if you do
[38:43] please announce your name address and
[38:45] who you represent
[38:52] okay hearing none we will move on is
[38:55] there any
[38:56] uh final follow-up questions
[38:59] or final statements that the applicant
[39:02] would like to make to the board at this
[39:03] time
[39:06] no i just thank you all for your time
[39:08] thank you very much
[39:09] thank you um okay
[39:13] at that um let's see
[39:16] um so i believe we are coming to the end
[39:20] of the
[39:20] public hearing and are getting ready to
[39:23] begin deliberations do i hear a motion
[39:27] for the board to close public hearings
[39:29] and begin deliberations on this case
[39:33] i i will make a motion to close public
[39:35] hearings
[39:37] and i will second that motion thank you
[39:41] okay public comments are closed um
[39:44] i will open it to the board to begin
[39:48] discussions
[39:49] on any part of this plan they would like
[39:54] to
[39:58] uh mr hoonstar having heard
[40:02] testimony from neighbors who are
[40:06] supporting the application and
[40:09] having read mr jakubiak's staff report
[40:12] which addresses
[40:13] all of the five factors that we are
[40:15] required to address
[40:18] i have no questions or concerns with
[40:20] this application
[40:21] and i'm uh inclined to approve it
[40:25] thank you is there anything you would
[40:28] like to add at this time mr daugherty
[40:31] uh again my thinking is along the same
[40:33] lines as david
[40:35] i have no questions and comments and i
[40:37] am inclined to approve it
[40:39] thank you uh at that point i will close
[40:42] discussions down and begin the official
[40:45] vote
[40:46] uh for this particular application uh mr
[40:48] dougherty how do you find
[40:50] uh i approve uh mr ferguson
[40:54] likewise i approve all right the uh
[40:57] we the board approves uh at this point
[40:59] i'd like to ask mr sussman
[41:02] uh to draft a resolution containing the
[41:04] board's decision
[41:05] um or i guess i should pause and ask if
[41:07] he has any
[41:09] uh particulars he would like to add to
[41:10] this uh this case at this point
[41:13] now mr chairman other than the fact that
[41:15] as with the
[41:16] prior application i think the grant of
[41:18] the approval should be tied
[41:20] to adhering to the plans that were
[41:23] submitted to the board
[41:25] thank you okay um that is the end
[41:29] of the official agenda for the board of
[41:31] appeals
[41:32] uh is there anything else we would like
[41:34] to take up at this time
[41:35] i'll open the floor up
[41:43] hearing none um i believe that is all
[41:45] and
[41:46] as far as i know there is not another
[41:48] board of appeals meeting on the schedule
[41:50] sharon will send out official notice to
[41:53] board members and the public
[41:55] when one is needed and i thank you all
[41:58] for your time
[41:59] and for the staff and applicants for
[42:02] being here today
[42:02] thank you mr mr hoonster i
[42:05] just to get it officially i move that
[42:08] the meeting be adjourned
[42:10] ah yes thank you do i hear a second i
[42:13] will second that
[42:14] all right meeting is adjourned thank you
[42:16] everybody great thank you
[42:17] thank you good night everybody
[42:22] good night