[0:00] foreign

[0:01] [Music]

[0:09] hi everybody

[0:11] um this is the board of appeals meeting

[0:14] um and we'll start with a call to order

[0:16] it's 7 P.M on April 25th 2023. uh we're

[0:20] here to hear case 2023-1 to consider an

[0:24] application from Colin and Natalie wanna

[0:26] did I say that right

[0:30] Natalie want of uh 4010 27th Street for

[0:34] a variance to allow for the construction

[0:36] of a shed one foot from the rear uh

[0:39] inside of the property lines where the

[0:41] setback is five

[0:42] uh we'll start with a roll call I am

[0:45] Jody hoonstall a hunsard do we have Paul

[0:47] Dory present and Mr Stephen sharp

[0:51] president

[0:51] and we also have town clerk Sharon hum

[0:54] and legal counsel Fred Sussman with us

[0:57] at this point I'd like to pass to Sharon

[0:59] for a confirmation of the posting and

[1:01] any documents

[1:05] uh notice for case number 2023-1 was

[1:10] published in the southern Maryland News

[1:11] newspaper for two consecutive weeks

[1:14] beginning with April 7th edition and

[1:17] continuing in the April 14th Edition

[1:19] notice was sent to the zoning appeals

[1:22] board and the Planning Commission on

[1:24] March 27 2023 notice of the hearing was

[1:28] sent to the applicant and adjoining

[1:30] property owners by registered mail on

[1:33] March 28 2023 and the property was

[1:37] posted on April 6 2023 by the public

[1:40] works department

[1:52] to me by email

[1:57] um and so assuming you guys don't know

[1:59] how this works here but um at this point

[2:01] we go ahead and pass it off to you to uh

[2:04] go ahead and explain whatever it is

[2:06] you'd like to uh to tell the board and

[2:09] uh

[2:16] so

[2:17] um

[2:21] so

[2:23] [Music]

[2:27] um you know first off I'd just like to

[2:28] thank the the Town Council

[2:31] um for uh hearing me out and um uh

[2:35] Sharon

[2:36] um and uh Fran atticott and then uh Mr

[2:39] uh Chris jacobiak have been really

[2:41] helpful in uh navigating this process

[2:46] um and uh also to my neighbors uh who

[2:49] have shown uh support to my wife Natalie

[2:52] and I

[2:54] um my neighbor Tom Cole and I'm an extra

[2:57] neighbor Abby uh Birdman I really

[3:00] appreciate you guys coming to support me

[3:03] um so uh as I mentioned my name is Colin

[3:07] wanap and uh my wife and I moved to the

[3:10] town in 2018. uh we love the beauty of

[3:13] the town and uh small town charm I'm

[3:16] here to request a variance to the

[3:18] setback rule that requires uh that an

[3:21] accessory structure like the shed that

[3:24] I'm proposing uh be it uh five feet from

[3:27] the property line I'm requesting that

[3:29] I'd be allowed to build the shed within

[3:31] one foot of the property line

[3:33] so um the address that we're talking

[3:36] about is uh 4010 27th Street that's a

[3:40] few blocks from here uh and uh you'll

[3:44] you'll see that uh the if you have

[3:48] access to the materials that I submitted

[3:51] um that the property is uh two lots so

[3:56] uh it's a six thousand square feet

[3:59] and uh it shaped uh like the letter L

[4:03] and uh the bottom right side of the L

[4:06] faces the water or to the East and uh

[4:11] there's an uh most of that is empty

[4:15] space

[4:16] um and my house is on the left side

[4:21] um of of that that letter L shape

[4:25] property so

[4:27] um the there is a flood plain there of

[4:30] course

[4:31] um and there is also a back yard

[4:34] where behind my house and then an

[4:37] Alleyway behind that so

[4:40] um

[4:41] if uh if if you do have access to the to

[4:44] the map uh I can point you to it or if

[4:47] you want me to continue describing that

[4:49] I can

[4:51] um

[4:51] but uh you know as I mentioned they're

[4:54] they're being close to the water

[4:56] um the more than half of my property is

[4:59] uh in the flood plain uh but I don't

[5:02] want to build my shed on the flood plain

[5:04] um and I I want to build this shed

[5:07] because uh my house is uh an original

[5:10] Cottage it's only 1100 square feet and

[5:14] my wife and I we want to start a family

[5:17] and I need some storage space to put uh

[5:20] you know things like uh you know kid

[5:24] stuff sports equipment bicycles tools

[5:28] um that sort of thing

[5:30] so um the this house is uh it actually

[5:34] only has three closets and two of that

[5:37] or two of the three are two by two

[5:40] so

[5:42] um the other the biggest closet is two

[5:44] by four so very limited in how much

[5:47] storage space we have

[5:50] um and uh I know that Beach cottages

[5:53] like my own uh that are they're built on

[5:57] small Lots there can be a concern about

[5:59] overcrowding the land uh but my house is

[6:02] actually as I mentioned it's on two lots

[6:04] and

[6:05] um so I I don't have that problem I also

[6:09] want to be in harmony with the

[6:11] neighborhood and where I put the shed

[6:13] and the houses in my neighborhood uh

[6:17] that have a similar layout and

[6:20] orientation uh to the house they all of

[6:24] them have sheds and they are those sheds

[6:28] are located on their properties in the

[6:30] same location uh where I'm proposing uh

[6:34] this shed to be their sheds are right on

[6:37] the property corner but I'm not

[6:40] requesting that this is built right on

[6:43] the on the property corner

[6:45] I'll go over the details but I just

[6:50] um want to say that I'm what I'm asking

[6:54] for is uh it's not anything out of the

[6:57] ordinary I'm just doing what my

[6:59] neighbors have done

[7:00] and I'm just trying to get uh reasonable

[7:03] use out of out of the land currently

[7:07] um

[7:07] so now for those details as you'll see

[7:11] in the materials I've submitted the size

[7:14] of the proposed shed is 8 by 14 feet

[7:16] which is not the smallest shed but it

[7:19] would be one of the smaller

[7:21] sheds in um

[7:24] uh uh in the neighborhood later I can

[7:27] show you photos of sheds that are in one

[7:31] block neighbor radius

[7:34] um and and those sheds are all larger

[7:36] than the one that I'm proposing

[7:39] as I mentioned earlier

[7:41] um I'm seeking of uh the five foot

[7:44] um the variance the five foot setback

[7:46] Rule and now I'll go into the reasons

[7:49] why I think that you should Grant the

[7:51] variants uh as Mr Kubiak uh points out

[7:54] in the memo I have the burden of uh

[7:57] showing the board why the proposal meets

[7:59] uh five variants standards so I'm just

[8:04] going to move through one of them each

[8:06] one of them in order so the first deals

[8:08] with being in harmony of the

[8:10] neighborhood and uh as I mentioned

[8:13] earlier nearby homeowners have placed

[8:15] their sheds directly on the property

[8:17] line corner I'm going to leave more

[8:20] space than they did that's why I'm not

[8:22] asking for the full five feet of

[8:25] variance

[8:29] um and I also just want to say that I

[8:32] have spoken with all of my neighbors in

[8:35] the nearby properties and they all

[8:38] support me in this project

[8:40] uh and have encouraged me to seek

[8:43] approval from the town and uh they

[8:46] prefer that the setback is granted

[8:49] um so

[8:51] granting the variance allows the uh um I

[8:55] I'm also just gonna just quickly

[8:57] highlight some of the advantages and

[9:00] reasons why like it makes more sense to

[9:04] um Grant the variance then not to so

[9:08] um granting the variance allows the

[9:10] widest amount of space between the shed

[9:12] and the other property corner to the

[9:14] east so this would leave 15 feet of

[9:18] clearance which is the same width as the

[9:20] alleyway and it would allow a car or an

[9:24] emergency vehicle or crew a wider

[9:27] passage to access the back of the house

[9:30] in case of an emergency

[9:32] and then if the variance isn't granted

[9:35] then I'd have to place the shed in the

[9:39] middle of the backyard

[9:41] which wouldn't be in congruence with

[9:44] other properties

[9:46] and then

[9:48] also just to quote my uh next door

[9:52] neighbor who's not here but he supports

[9:55] the project he said that uh you know

[9:59] putting it uh in the middle of the yard

[10:01] and not getting the variance he said uh

[10:03] this would look silly and make no sense

[10:06] so I just wanted to um

[10:10] uh give you those reasons

[10:12] um and then the second uh standard that

[10:15] I have to speak to is um uh about the

[10:20] use of the property now uh the use uh

[10:23] the way that this property is zoned is

[10:26] that it's for a single family home

[10:28] obviously that's what I continued to you

[10:31] know want to use this property for

[10:33] um and I as I mentioned I want to raise

[10:36] a family in the

[10:38] um this house and

[10:40] um

[10:41] just one uh anecdotal

[10:44] um piece of information is that uh the

[10:47] uh previous owner who sold me uh the

[10:51] property uh they were moving forward and

[10:55] meeting with the higher bidder

[10:58] um someone who had outbid me for the

[10:59] house and uh he was excited to tell him

[11:03] about his plans to destroy the cottage

[11:06] and to bulldoze it to the ground and

[11:08] build a three-story condo so

[11:11] um he the seller backed out and then

[11:14] went and and sold the house for less

[11:17] money to my wife and I so we're really

[11:19] happy for him doing that and uh I

[11:24] um you know just having a the storage

[11:27] space in the shed allows us to continue

[11:29] to use the property and as a as a um you

[11:33] know the way that it currently is is a

[11:35] as a as a beach cottage

[11:37] and

[11:39] um

[11:40] it's uh similar to my neighbor's use of

[11:43] of of such properties you know where

[11:46] they store their lawn mowers and tools

[11:47] you know I just want to do the same

[11:49] thing and also you know hopefully with

[11:52] kids stuff

[11:54] um and then number three the point uh

[11:56] acts

[11:57] um it uh if there's any like exceptional

[12:01] or what uh they the term they use is

[12:03] peculiar circumstances so

[12:06] um as you mentioned half the lot is

[12:09] um

[12:11] um of the 6 000 square feet is in the

[12:13] flood zone and I just want to build the

[12:15] shed outside of the flood zone

[12:18] um the backyard is 30 feet wide and it

[12:20] makes the most sense and is in keeping

[12:23] with what the neighbors have done to

[12:25] place it in that corner

[12:27] um and then number four speaks to

[12:31] unnecessary hardship so um I I've

[12:35] outlined that it's supposed to be used

[12:37] for the house is supposed to be used for

[12:39] a single family home and it's uh just

[12:42] not possible to have a family in a house

[12:44] with uh hardly any storage so not having

[12:47] that space for you know to keep things

[12:51] for the for um you know ourselves and

[12:53] the kids that would be uh quite

[12:56] difficult and kind of make it impossible

[12:58] to live there

[13:00] um and then the uh last Point uh speaks

[13:04] to uh necessary and reasonable use of

[13:06] the land I don't want to be redundant

[13:10] to I feel that I've laid out why this

[13:13] would be a reasonable use of the land

[13:16] um and uh

[13:17] um you know how my neighbors have

[13:21] um have uh sheds as well and and in the

[13:25] same in the same corner so

[13:28] um at this point uh I'm happy to uh you

[13:31] know entertain questions or elaborate on

[13:33] any of these details that uh

[13:36] um and we could just like move forward

[13:38] if if that's okay to the next step in

[13:40] this process

[13:47] um go ahead I do have a question how did

[13:50] you arrive at the size of the ship you

[13:53] were proposing I believe uh

[13:55] what was it 10 by 14 if I'm correct uh

[13:58] so originally it was 10 by 16 and Mr

[14:01] Jakubiak uh he uh said that there's not

[14:05] a restriction on how large the shed

[14:08] could be but he recommended that I

[14:10] reduce the size and um you know I I just

[14:14] wanted to make sure that this process

[14:16] could go smoothly I wanted to increase

[14:18] the likelihood that the shed would be

[14:21] approved so I reduced the profile of the

[14:24] shed to uh eight by fourteen

[14:34] I don't really know how to ask this

[14:37] particular question it's

[14:40] I guess we should

[14:42] so how touchy is that one foot movement

[14:45] right like if you take the same shed and

[14:48] she's right and and extra for say it's

[14:50] two feet instead of one foot that

[14:52] variance is just like another foot or

[14:54] two more feet how much does how does

[14:56] that affect your

[14:58] use like and like we're your neighbors

[15:01] we we understand this town somewhat

[15:04] um and a lot of the stuff we have here

[15:05] is kind of grandfathered in their old

[15:07] old buildings on these really tiny Lots

[15:09] so I think we all understand like yeah

[15:11] challenges to this

[15:13] um so just to get a perspective like

[15:14] just say you want to just move it a

[15:15] little bit one way like how do you how

[15:17] do you mentally think about that like at

[15:20] this one foot over and one foot back is

[15:22] is the spot for your shed yeah yeah so I

[15:26] mean I didn't want to put it right on

[15:28] the property line because

[15:31] um if like something happened to the you

[15:33] know the siding or whatever I wanted to

[15:35] be able to access the

[15:38] um you know the walls of the shed

[15:40] without having to you know be on my

[15:43] neighbor's property

[15:44] um is it as I mentioned earlier like

[15:46] he he he said I should put it right on

[15:49] the corner but I I do want to have you

[15:51] know just in case the neighbors change

[15:53] over that sort of thing

[15:55] um I think that it's the best use of the

[15:57] space

[15:59] um to have the wider margin

[16:02] um and yard there

[16:04] um as I as I mentioned um you know like

[16:06] a vehicle could potentially like

[16:09] um you know pass through there but it

[16:11] just doesn't make much uh like in terms

[16:14] of getting the best use out of the land

[16:16] to have like a tiny little strip there

[16:20] that I'm not really going to be uh doing

[16:23] any much other than like whacking the

[16:26] weeds in that space

[16:34] um at this point unless there are other

[16:36] questions we'd normally go to Mr

[16:37] jacobiak to uh to read his you know kind

[16:40] of take on things so if you want to have

[16:42] a seat um I I have a quick summary of um

[16:46] of what I think of what he wrote To Us

[16:49] in a memorandum and uh staff report so

[16:52] I'll quickly go over you know what he

[16:55] says and then we can come back and okay

[16:57] okay

[16:59] um

[17:00] so yeah like as I said Bob as I said

[17:02] normally Mr Jakubiak would be able to um

[17:06] do this for himself

[17:10] um so it sounds like the gist of this to

[17:13] me

[17:14] um is that an original application was

[17:15] denied for a larger shed there were some

[17:18] back and forth with uh Mr Kubiak and a

[17:20] smaller shed was uh reapplied for to be

[17:23] in more or less the same location and

[17:25] that's why we're here today

[17:30] um it's to vary the uh the the five foot

[17:33] required side Lots or the the space that

[17:37] buildings need to be from the rear

[17:39] inside of the lot lines

[17:42] um and in his report he quotes uh

[17:45] section 290 19g that completely detached

[17:48] accessory buildings May occupy required

[17:51] side and rear yards which shall not be

[17:53] located closer than five feet to any

[17:55] side or rear of the property line I'm

[17:58] just laying things out

[18:00] um and from my perspective reading the

[18:04] staff staff report there were two things

[18:06] to note

[18:07] um and these would be with regards to

[18:09] the evaluation of criteria is one and

[18:12] criteria five

[18:14] um

[18:15] so uh from his report

[18:18] um the point one that the granting of

[18:20] the variant shall be in harmony with a

[18:21] general purpose and intent of the

[18:23] chapter on zoning ordinance he says this

[18:26] proposed shed its size at 112 feet plus

[18:29] ease and its placement within just one

[18:31] foot of the lot line tend to overcrowd

[18:33] the land which is not in harmony with

[18:35] the purpose

[18:38] um and as an aside that's we don't hear

[18:40] that from him too often

[18:42] um so I think the board should should

[18:44] pay attention to that

[18:47] this one

[18:49] um the second one is point five that the

[18:50] granting of variance for the necessary

[18:53] and reasonable use is the the minimum

[18:55] variance granted to accomplish the task

[18:58] um and he says can the reasonable use of

[19:00] the rear yard for a shed be accomplished

[19:02] with a greater separation between the

[19:04] shed and lot lines it would appear to be

[19:06] the case once again

[19:08] um

[19:09] uh so the board itself can approve a

[19:12] variance or deny it in approving a

[19:14] variance that can place conditions on

[19:16] the application that help to ensure the

[19:18] project meets the standards should the

[19:20] board impose conditions on it approval

[19:23] those conditions would be addressed

[19:24] during site planning and review and

[19:26] permitting processes conducted by the

[19:28] zoning administrator Chris

[19:31] um so and as a follow-up with him uh he

[19:34] sent a memorandum addendum to staff

[19:36] report

[19:37] once again from him uh in my April 18th

[19:41] memorandum I indicated my view that the

[19:43] applicant's proposal would tend to

[19:45] overcrowd The Limited rare yard which is

[19:47] not in harmony with the general purpose

[19:48] of this unemployment

[19:50] um standard one I also noted the

[19:53] applicants requested variance is not the

[19:54] minimum necessary to ensure a reasonable

[19:56] use of this land

[19:59] here are two recommendations to help

[20:01] ensure the project meets the standards

[20:03] for granting variants for number one he

[20:06] recommends that his shed should be

[20:07] reduced in size to something

[20:08] approximately eight by ten

[20:10] and that's the size of the shed and for

[20:13] number five with regards to positioning

[20:15] uh he does not think the board of

[20:17] appeals needs to Grant the full four

[20:19] foot variance requested by belief the

[20:21] applicant could locate the shed at least

[20:23] two more feet from the side yard and

[20:25] still make reasonable use of the problem

[20:27] reasonable was

[20:31] a word that can hang a lot onto so uh so

[20:35] from Chris so my recommendation is to

[20:38] Grant the application for only a two

[20:39] foot variance in this way the shed could

[20:41] be placed three feet from the side Lot

[20:43] line rather than just the one foot as a

[20:46] matter of good practice I would advise

[20:47] the board to require at least two feet

[20:49] from the rear lot line to minimize the

[20:51] impact of encroachment on the town owned

[20:53] right-of-way which

[20:57] oh uh that's me trying to summarize what

[20:59] he was saying uh in in a couple words

[21:03] um and uh hopefully that was decent

[21:05] enough at this point I don't feel uh

[21:08] confident to answer questions as to his

[21:10] intent about that

[21:12] um so if it's okay with everybody

[21:14] um we can move on to testimony of

[21:16] proponents or opponents

[21:18] when we do that I'd like to make sure

[21:20] that we have a record

[21:22] the appropriate documents well I think

[21:25] that we would start with the notice to

[21:28] applicant movie accent to uh

[21:32] February 1st 2023

[21:36] and I think the application and Mr

[21:41] Warnock file what I've filed on

[21:46] 11 2023.

[21:49] materials

[21:52] then we have

[21:55] X

[21:57] report

[21:59] April 18 2023

[22:07] and we have addendum to the staff report

[22:09] from Michigan

[22:13] [Music]

[22:23] okay if you guys would like to have

[22:25] anyone come up and speak

[22:27] um please step to the front or stand as

[22:29] you see fit and uh all you need to do is

[22:31] announce your name your address

[22:33] generally uh City it's fine

[22:36] um and who you represent uh or that

[22:38] you're speaking on you're on behalf

[22:48] hello I'm Abby albertuman I live at 4012

[22:53] 27th Street so last name bertumen b as

[22:57] in boy e r t as in Tom u m e n as in

[23:02] Nancy

[23:03] so I own the property at 40 12 27th

[23:07] Street

[23:09] um and I am as a practical matter the

[23:13] user of the right of way that Mr I'm

[23:16] sorry his Kubiak Mr jukubiak is is

[23:19] talking about

[23:20] and um I can say that you know if excuse

[23:25] me this Chad were to be built as

[23:28] um Mr wanna proposed I don't see an

[23:31] issue with it I you know sort of use

[23:34] that entryway regularly to access my

[23:37] property I don't have a problem with

[23:39] getting in and out and there's a plenty

[23:41] of room

[23:42] so I think that

[23:45] um you know having a shed with the

[23:47] dimensions that Mr Wana proposed this

[23:49] wouldn't be a problem

[23:57] uh hi my name is Thomas Cole

[24:00] um I live about a block away so uh just

[24:04] um I want to be clear I'm not directly

[24:06] affected I'm not a neighbor but I am

[24:09] very familiar with uh that right away

[24:11] and the look of the properties and I

[24:15] don't think it would affect the look

[24:17] negatively or affect the use of the

[24:20] right-of-way if he put the shed where he

[24:22] was stating

[24:24] um

[24:25] let's go that's all I have to say

[24:30] okay thank you everybody

[24:33] um

[24:33] unless there is anything I'm missing at

[24:36] this point we'll close the Public Public

[24:37] hearing and um

[24:39] I have a motion to begin deliberations

[24:42] from the board

[24:43] but I'll make a motion to begin

[24:45] deliberations

[24:48] all right

[24:50] um

[24:51] okay uh so now it's kind of the open

[24:53] floor where we just

[24:55] uh talk about what we've heard so far

[24:59] um and I will get started by

[25:03] um just saying I think I think the case

[25:05] here is initially do we want to deny or

[25:09] approve this outright as it stands

[25:12] um or would we want to do something

[25:14] along the lines of what Mr Jacoby

[25:16] mentioned approved with conditions um

[25:19] summarize those I believe his

[25:20] recommendations were to shrink the

[25:23] building a little bit if we choose to

[25:24] write these are all optional and change

[25:27] the distance on from the side mirror lot

[25:30] lines he recommended a minimum I believe

[25:33] of

[25:34] um of being two feet from the the back

[25:35] line so three foot variance uh

[25:38] and uh

[25:40] and I believe he actually recommended a

[25:42] three foot variance

[25:44] is memorandum

[25:46] so I think those are the options to us

[25:49] should we should we choose to act on any

[25:50] of them

[25:52] um

[25:52] and

[25:54] I'll just I'll pause there and uh see

[25:56] what the other board members

[25:59] think

[26:01] um let me speak

[26:03] um yeah I I think the conditions do

[26:06] justify granting of variance

[26:09] um you know the lot's very small

[26:11] part of it's on the flood plain

[26:14] so um

[26:16] you know I think a variance would be

[26:18] justified the the question is you know

[26:21] what's the minimum

[26:24] would still be

[26:27] acceptable

[26:30] um I don't think on one foot uh I don't

[26:34] think a four or four foot variance

[26:37] um would be enough

[26:40] um

[26:40] I say enough well let me say if I'll put

[26:42] it this way off I think a four foot

[26:44] variance would be too much

[26:46] just one foot from the property line

[26:49] um he doesn't doesn't really give you

[26:51] access to the to the structure without

[26:55] incur without incurring over into the

[26:58] joining Alliance what do you joining

[27:00] spaces

[27:01] so so I think I think the variance of

[27:05] less than four feet

[27:07] would be uh

[27:10] a better answer

[27:12] in the north-south direction it

[27:15] again the space is very small

[27:18] there is more space in the East-West

[27:20] Direction

[27:21] less than the north-south direction

[27:24] I would be in favor of uh

[27:28] a

[27:31] three foot variance in the north-south

[27:33] direction

[27:34] meaning two feet from the property line

[27:38] and a two foot variance on the East-West

[27:41] Direction

[27:42] meaning three foot from the property

[27:44] line

[27:45] step back

[27:48] as far as the size of the shed

[27:50] the smaller the shed of course the more

[27:53] space you're having a lot

[27:55] but then you you probably want as much

[27:58] storage space as you can get

[28:01] so you know eight by fourteen

[28:05] especially given that the uh the width a

[28:07] lot gives you a little bit more space

[28:10] I mean I would say 8 by 14 would be

[28:13] acceptable

[28:19] I agree I think that's agreement

[28:23] not talking you know I'm running some

[28:25] large functions

[28:27] is that he wants you know for storage

[28:29] first

[28:34] um yeah I think I mean we've and one of

[28:37] the one of your arguments that you made

[28:38] is that all your neighbors have

[28:40] a shed Setter right on the on the

[28:42] corners it's really hard to uh kind of

[28:44] because we're the people you come to who

[28:46] bend the rules right that's that's the

[28:47] job of us here

[28:49] um to take into uh the concerns Mr

[28:51] Jakubiak has managing the whole town and

[28:54] also you know

[28:56] allowing for you to do things just like

[28:58] your neighbors did

[28:59] um from from my perspective I I think

[29:03] that I'm I'm not terribly concerned with

[29:05] the size of the shed like build build

[29:07] whatever you like

[29:08] um but I do take his advice to say two

[29:11] feet from the property line relatively

[29:13] seriously

[29:14] um

[29:15] he does have reasons for for these

[29:17] things and I think they're they're

[29:18] basing this town grow and change

[29:21] um and so although I I mean I think it's

[29:24] all you know it's Shades of Gray

[29:27] um I think at least

[29:28] at least one more foot would do do

[29:31] whatever you want with the size of the

[29:32] shed move it one foot in on on both

[29:35] sides and that's that's pretty much what

[29:38] I I'd be looking for um

[29:43] different opinions I'll take objections

[29:46] I agree with the size that you're

[29:48] proposing

[29:49] would be acceptable

[29:53] uh okay so

[29:56] I guess the first thing is I'll start

[29:59] easy do we want to approve this outright

[30:01] do we want to approve with conditions or

[30:03] do we want to

[30:07] we're on the conditions path

[30:10] um well I would I would approve what

[30:12] conditions I don't think

[30:15] um a four foot variance I think a four

[30:17] foot variance would be too much

[30:21] I said earlier

[30:23] I think a uh two foot variance from the

[30:26] on the East-West Direction meaning

[30:29] set the shed three foot from the

[30:31] property line

[30:34] and then a uh three foot variance in the

[30:37] north-south direction meaning it's at

[30:40] the shed two feet from the property line

[30:45] would be a good solution

[30:49] how would you uh proceed I agree with

[30:51] Paul as well

[30:53] um

[30:56] yeah I I think that is a a good solution

[30:59] I'm sorry it wouldn't be exactly what

[31:01] you asked for

[31:02] um but I think I think one of the things

[31:04] that maybe would help with this would be

[31:07] if we Grant you this variance we change

[31:09] how close to the lot lines you can move

[31:11] it but then not send any specifications

[31:13] on the size of your shed so you have to

[31:16] move it one foot farther in One

[31:17] Direction and two farther in the other

[31:19] and then you can figure out how that

[31:20] works with your yard to to make the best

[31:23] the best use of it as possible

[31:26] um you're welcome to oh sorry this is as

[31:29] close for you

[31:31] um

[31:32] so in that case

[31:35] um I guess I will go ahead and call for

[31:38] a vote

[31:39] um how do we feel we feel about this uh

[31:42] three foot two foot did I get that right

[31:44] three foot two foot variance

[31:47] um

[31:52] are you saying that

[31:54] this would be

[31:56] um leave me a three foot separation

[31:59] between

[32:01] um the

[32:02] neighbor's house to the West

[32:06] um and then two feet from where the

[32:08] alleyway is now right okay yeah

[32:11] um I do want to mention that uh the

[32:14] neighbor did say that it would be better

[32:16] to like go uh closer to his lot

[32:20] um because he's he has like a

[32:23] um a view of the water to like the right

[32:26] of my house so

[32:29] um the way the shed is it kind of like

[32:31] it's more like to the

[32:33] um blocks like a view of somebody else's

[32:36] house whereas moving it like kind of

[32:39] like starts to Eclipse his his view so I

[32:43] just I think it I mean two two feet

[32:46] gives me plenty of access to you know

[32:51] to mess around with siding and that sort

[32:53] of thing uh three feet is like way more

[32:56] than I than I would need is so if you

[32:58] you know would consider doing like two

[33:01] feet

[33:02] um I think that's that's really plenty

[33:04] of for me to to for the purposes that

[33:06] you stated

[33:08] um

[33:08] so how do you feel about that Paul

[33:12] I don't think I fully understand the

[33:17] you comment

[33:20] view of the water

[33:23] in which neighbor did you refer to are

[33:25] you referring to yes so the neighbor to

[33:28] the west and I'd be happy to show you

[33:29] photographs so

[33:31] um if you prefer

[33:33] um

[33:34] if I have coffees here

[33:37] um and then I think it's this one right

[33:40] uh yeah but I have like ones that I took

[33:44] from his house to today

[33:46] um we enter these in is this something

[33:48] we got to turn the record who knows okay

[33:55] so

[34:02] further I get it towards the poverty

[34:05] is

[34:06] [Music]

[34:07] um

[34:08] less like a you know going to be

[34:13] approach into you so okay uh where if I

[34:16] started to move it to the right it

[34:18] starts to get into more into his you

[34:21] know visibility of the water now he

[34:23] always like I said he always supported

[34:25] it but he said like I didn't try to get

[34:27] that started close to the property line

[34:30] okay

[34:31] and

[34:33] um as this was Paul's idea I am

[34:36] I think it's up to him to uh to speak to

[34:38] it yeah I I guess I still don't

[34:40] understand how

[34:42] moving the shed

[34:44] one way or the other

[34:47] in the East-West Direction changes his

[34:49] View

[34:50] yeah so it it's kind of like if you're

[34:53] sitting from where you are now imagine

[34:55] that you um could see the water from

[34:58] like maybe where that flagpole is

[35:01] um or that sort of thing now

[35:04] um if there's a how a shed like over

[35:07] that way it's not going to obstruct your

[35:09] view as as it approaches closer to that

[35:12] flagpole it starts to you know remove

[35:15] more this is your neighbor's view right

[35:17] this right the view from his house

[35:18] you're talking about an oblique View

[35:22] yeah he he has like a side view yeah

[35:26] okay yeah

[35:29] and that that's really why I

[35:32] um you know requested one one foot as

[35:35] well I mean I I understand your your

[35:38] point

[35:39] um but even with one foot I have like

[35:43] uh I'm able to do signing like I've done

[35:46] siding obviously before and I

[35:49] that's plenty of space for me to get in

[35:51] through there

[35:53] um for for that purpose

[35:58] oh certainly I'm sensitive to views

[36:00] water views in this community

[36:03] so I guess I'd revise my opinion

[36:07] and I would be in favor of a

[36:12] two two foot

[36:15] space on either side on each side okay

[36:19] it wouldn't affect

[36:20] he would still be able to view yourself

[36:22] yeah he still has the view I mean if the

[36:25] shed is going to be like

[36:28] um it's not like totally out of his view

[36:30] but the further that it moves to the

[36:33] right the more of you that he loses

[36:36] yeah I think I mean I think we've gotten

[36:38] to the point where it's something that

[36:40] you can accept it's the minimum that are

[36:42] playing in zoning administrator

[36:46] the best or like that was kind of the

[36:48] bottom line that he uh I think was

[36:50] trying

[36:51] app reports

[36:53] um

[36:54] so I think if there are no objection go

[36:56] ahead oh yeah I just want to make sure I

[36:58] understand so what we're talking about

[37:00] is a three foot variance uh from both

[37:03] the uh on the north south side and a

[37:06] three foot variants on the West Side

[37:09] weaving two feet between the shed and of

[37:12] respective property lines yep that's

[37:14] right

[37:16] um

[37:17] I think I think I'm okay with that is

[37:19] there we are we cool to fine with that

[37:22] right in that case I think we can just

[37:24] uh call our deliberations complete

[37:28] um do I do I have a motion for a vote

[37:30] are we ready

[37:31] I'll make a motion for a vote

[37:34] uh we'll start with uh Mr Doherty

[37:37] and I thank uh for clarification the

[37:40] motion for a vote is to request that uh

[37:44] Council may prepare a draft resolution

[37:47] uh for you to review and make sure that

[37:51] back to your views and it'll still give

[37:53] you the opportunity to modify your views

[37:55] at any time prior to

[37:58] every lab resolution

[38:00] okay sounds good I will make a motion uh

[38:03] for Council to uh to draft a resolution

[38:09] um so we uh the board are voting to

[38:13] approve with conditions a three foot

[38:16] variance uh to both

[38:18] um both sides of the uh Shed from the

[38:21] lot lines

[38:23] um

[38:24] how do you find

[38:26] oh yes

[38:27] yes

[38:29] I also uh oh yes so Mr Sussman will

[38:33] leave this meeting and put that into

[38:36] legal paperwork and send us for review

[38:38] yeah right

[38:40] um and in which case uh we'll get the

[38:43] sign it'll it'll come back to the board

[38:45] for approval once we have all the

[38:47] paperwork we'll sign it and

[38:54] work has a copy of the photograph

[38:57] yes

[39:03] um and if that's all

[39:04] um

[39:05] I move we adjourn

[39:08] I'll stuck in that motion

[39:10] thank you everybody thank you thank you

[39:13] okay thank you

[39:20] [Music]

[39:30] good job

[39:32] thank you thanks again

[39:34] [Music]

April 25, 2023 Board of Appeals

Transcript