1 00:00:00,359 --> 00:00:09,200 foreign 2 00:00:01,590 --> 00:00:09,200 [Music] 3 00:00:09,559 --> 00:00:14,519 hi everybody 4 00:00:11,700 --> 00:00:16,020 um this is the board of appeals meeting 5 00:00:14,519 --> 00:00:20,460 um and we'll start with a call to order 6 00:00:16,020 --> 00:00:24,180 it's 7 P.M on April 25th 2023. uh we're 7 00:00:20,460 --> 00:00:26,880 here to hear case 2023-1 to consider an 8 00:00:24,180 --> 00:00:29,720 application from Colin and Natalie wanna 9 00:00:26,880 --> 00:00:29,720 did I say that right 10 00:00:30,720 --> 00:00:36,600 Natalie want of uh 4010 27th Street for 11 00:00:34,739 --> 00:00:39,059 a variance to allow for the construction 12 00:00:36,600 --> 00:00:41,160 of a shed one foot from the rear uh 13 00:00:39,059 --> 00:00:42,480 inside of the property lines where the 14 00:00:41,160 --> 00:00:45,300 setback is five 15 00:00:42,480 --> 00:00:47,879 uh we'll start with a roll call I am 16 00:00:45,300 --> 00:00:51,000 Jody hoonstall a hunsard do we have Paul 17 00:00:47,879 --> 00:00:51,840 Dory present and Mr Stephen sharp 18 00:00:51,000 --> 00:00:54,719 president 19 00:00:51,840 --> 00:00:57,180 and we also have town clerk Sharon hum 20 00:00:54,719 --> 00:00:59,760 and legal counsel Fred Sussman with us 21 00:00:57,180 --> 00:01:01,440 at this point I'd like to pass to Sharon 22 00:00:59,760 --> 00:01:04,219 for a confirmation of the posting and 23 00:01:01,440 --> 00:01:04,219 any documents 24 00:01:05,720 --> 00:01:11,939 uh notice for case number 2023-1 was 25 00:01:10,200 --> 00:01:14,640 published in the southern Maryland News 26 00:01:11,939 --> 00:01:17,280 newspaper for two consecutive weeks 27 00:01:14,640 --> 00:01:19,640 beginning with April 7th edition and 28 00:01:17,280 --> 00:01:22,320 continuing in the April 14th Edition 29 00:01:19,640 --> 00:01:24,540 notice was sent to the zoning appeals 30 00:01:22,320 --> 00:01:28,619 board and the Planning Commission on 31 00:01:24,540 --> 00:01:30,780 March 27 2023 notice of the hearing was 32 00:01:28,619 --> 00:01:33,479 sent to the applicant and adjoining 33 00:01:30,780 --> 00:01:37,259 property owners by registered mail on 34 00:01:33,479 --> 00:01:40,079 March 28 2023 and the property was 35 00:01:37,259 --> 00:01:42,860 posted on April 6 2023 by the public 36 00:01:40,079 --> 00:01:42,860 works department 37 00:01:52,399 --> 00:01:55,820 to me by email 38 00:01:57,659 --> 00:02:01,920 um and so assuming you guys don't know 39 00:01:59,640 --> 00:02:04,860 how this works here but um at this point 40 00:02:01,920 --> 00:02:06,960 we go ahead and pass it off to you to uh 41 00:02:04,860 --> 00:02:09,000 go ahead and explain whatever it is 42 00:02:06,960 --> 00:02:11,239 you'd like to uh to tell the board and 43 00:02:09,000 --> 00:02:11,239 uh 44 00:02:16,260 --> 00:02:19,459 so 45 00:02:17,400 --> 00:02:19,459 um 46 00:02:21,959 --> 00:02:27,420 so 47 00:02:23,330 --> 00:02:28,920 [Music] 48 00:02:27,420 --> 00:02:31,739 um you know first off I'd just like to 49 00:02:28,920 --> 00:02:35,099 thank the the Town Council 50 00:02:31,739 --> 00:02:36,360 um for uh hearing me out and um uh 51 00:02:35,099 --> 00:02:39,480 Sharon 52 00:02:36,360 --> 00:02:41,879 um and uh Fran atticott and then uh Mr 53 00:02:39,480 --> 00:02:46,560 uh Chris jacobiak have been really 54 00:02:41,879 --> 00:02:49,560 helpful in uh navigating this process 55 00:02:46,560 --> 00:02:52,500 um and uh also to my neighbors uh who 56 00:02:49,560 --> 00:02:54,540 have shown uh support to my wife Natalie 57 00:02:52,500 --> 00:02:57,660 and I 58 00:02:54,540 --> 00:03:00,180 um my neighbor Tom Cole and I'm an extra 59 00:02:57,660 --> 00:03:03,900 neighbor Abby uh Birdman I really 60 00:03:00,180 --> 00:03:07,920 appreciate you guys coming to support me 61 00:03:03,900 --> 00:03:10,260 um so uh as I mentioned my name is Colin 62 00:03:07,920 --> 00:03:13,800 wanap and uh my wife and I moved to the 63 00:03:10,260 --> 00:03:16,680 town in 2018. uh we love the beauty of 64 00:03:13,800 --> 00:03:18,780 the town and uh small town charm I'm 65 00:03:16,680 --> 00:03:21,540 here to request a variance to the 66 00:03:18,780 --> 00:03:24,120 setback rule that requires uh that an 67 00:03:21,540 --> 00:03:27,720 accessory structure like the shed that 68 00:03:24,120 --> 00:03:29,580 I'm proposing uh be it uh five feet from 69 00:03:27,720 --> 00:03:31,500 the property line I'm requesting that 70 00:03:29,580 --> 00:03:33,840 I'd be allowed to build the shed within 71 00:03:31,500 --> 00:03:36,720 one foot of the property line 72 00:03:33,840 --> 00:03:40,680 so um the address that we're talking 73 00:03:36,720 --> 00:03:44,819 about is uh 4010 27th Street that's a 74 00:03:40,680 --> 00:03:48,420 few blocks from here uh and uh you'll 75 00:03:44,819 --> 00:03:51,959 you'll see that uh the if you have 76 00:03:48,420 --> 00:03:56,459 access to the materials that I submitted 77 00:03:51,959 --> 00:03:59,580 um that the property is uh two lots so 78 00:03:56,459 --> 00:04:03,599 uh it's a six thousand square feet 79 00:03:59,580 --> 00:04:06,959 and uh it shaped uh like the letter L 80 00:04:03,599 --> 00:04:11,280 and uh the bottom right side of the L 81 00:04:06,959 --> 00:04:15,000 faces the water or to the East and uh 82 00:04:11,280 --> 00:04:16,440 there's an uh most of that is empty 83 00:04:15,000 --> 00:04:21,239 space 84 00:04:16,440 --> 00:04:25,139 um and my house is on the left side 85 00:04:21,239 --> 00:04:27,419 um of of that that letter L shape 86 00:04:25,139 --> 00:04:30,060 property so 87 00:04:27,419 --> 00:04:31,199 um the there is a flood plain there of 88 00:04:30,060 --> 00:04:34,400 course 89 00:04:31,199 --> 00:04:37,860 um and there is also a back yard 90 00:04:34,400 --> 00:04:40,380 where behind my house and then an 91 00:04:37,860 --> 00:04:41,120 Alleyway behind that so 92 00:04:40,380 --> 00:04:44,460 um 93 00:04:41,120 --> 00:04:47,400 if uh if if you do have access to the to 94 00:04:44,460 --> 00:04:49,380 the map uh I can point you to it or if 95 00:04:47,400 --> 00:04:51,419 you want me to continue describing that 96 00:04:49,380 --> 00:04:51,960 I can 97 00:04:51,419 --> 00:04:54,360 um 98 00:04:51,960 --> 00:04:56,880 but uh you know as I mentioned they're 99 00:04:54,360 --> 00:04:59,699 they're being close to the water 100 00:04:56,880 --> 00:05:02,040 um the more than half of my property is 101 00:04:59,699 --> 00:05:04,979 uh in the flood plain uh but I don't 102 00:05:02,040 --> 00:05:07,620 want to build my shed on the flood plain 103 00:05:04,979 --> 00:05:10,500 um and I I want to build this shed 104 00:05:07,620 --> 00:05:14,639 because uh my house is uh an original 105 00:05:10,500 --> 00:05:17,000 Cottage it's only 1100 square feet and 106 00:05:14,639 --> 00:05:20,820 my wife and I we want to start a family 107 00:05:17,000 --> 00:05:24,120 and I need some storage space to put uh 108 00:05:20,820 --> 00:05:28,680 you know things like uh you know kid 109 00:05:24,120 --> 00:05:30,180 stuff sports equipment bicycles tools 110 00:05:28,680 --> 00:05:34,259 um that sort of thing 111 00:05:30,180 --> 00:05:37,919 so um the this house is uh it actually 112 00:05:34,259 --> 00:05:40,800 only has three closets and two of that 113 00:05:37,919 --> 00:05:42,419 or two of the three are two by two 114 00:05:40,800 --> 00:05:44,580 so 115 00:05:42,419 --> 00:05:47,580 um the other the biggest closet is two 116 00:05:44,580 --> 00:05:50,039 by four so very limited in how much 117 00:05:47,580 --> 00:05:53,699 storage space we have 118 00:05:50,039 --> 00:05:57,000 um and uh I know that Beach cottages 119 00:05:53,699 --> 00:05:59,100 like my own uh that are they're built on 120 00:05:57,000 --> 00:06:02,100 small Lots there can be a concern about 121 00:05:59,100 --> 00:06:04,500 overcrowding the land uh but my house is 122 00:06:02,100 --> 00:06:05,580 actually as I mentioned it's on two lots 123 00:06:04,500 --> 00:06:09,720 and 124 00:06:05,580 --> 00:06:11,400 um so I I don't have that problem I also 125 00:06:09,720 --> 00:06:13,860 want to be in harmony with the 126 00:06:11,400 --> 00:06:17,340 neighborhood and where I put the shed 127 00:06:13,860 --> 00:06:20,520 and the houses in my neighborhood uh 128 00:06:17,340 --> 00:06:24,479 that have a similar layout and 129 00:06:20,520 --> 00:06:28,259 orientation uh to the house they all of 130 00:06:24,479 --> 00:06:30,660 them have sheds and they are those sheds 131 00:06:28,259 --> 00:06:34,259 are located on their properties in the 132 00:06:30,660 --> 00:06:37,740 same location uh where I'm proposing uh 133 00:06:34,259 --> 00:06:40,500 this shed to be their sheds are right on 134 00:06:37,740 --> 00:06:43,560 the property corner but I'm not 135 00:06:40,500 --> 00:06:45,800 requesting that this is built right on 136 00:06:43,560 --> 00:06:50,280 the on the property corner 137 00:06:45,800 --> 00:06:54,780 I'll go over the details but I just 138 00:06:50,280 --> 00:06:57,060 um want to say that I'm what I'm asking 139 00:06:54,780 --> 00:06:59,699 for is uh it's not anything out of the 140 00:06:57,060 --> 00:07:00,900 ordinary I'm just doing what my 141 00:06:59,699 --> 00:07:03,419 neighbors have done 142 00:07:00,900 --> 00:07:07,139 and I'm just trying to get uh reasonable 143 00:07:03,419 --> 00:07:07,860 use out of out of the land currently 144 00:07:07,139 --> 00:07:11,940 um 145 00:07:07,860 --> 00:07:14,280 so now for those details as you'll see 146 00:07:11,940 --> 00:07:16,500 in the materials I've submitted the size 147 00:07:14,280 --> 00:07:19,979 of the proposed shed is 8 by 14 feet 148 00:07:16,500 --> 00:07:21,979 which is not the smallest shed but it 149 00:07:19,979 --> 00:07:24,240 would be one of the smaller 150 00:07:21,979 --> 00:07:27,599 sheds in um 151 00:07:24,240 --> 00:07:31,740 uh uh in the neighborhood later I can 152 00:07:27,599 --> 00:07:34,800 show you photos of sheds that are in one 153 00:07:31,740 --> 00:07:36,479 block neighbor radius 154 00:07:34,800 --> 00:07:39,180 um and and those sheds are all larger 155 00:07:36,479 --> 00:07:41,340 than the one that I'm proposing 156 00:07:39,180 --> 00:07:44,699 as I mentioned earlier 157 00:07:41,340 --> 00:07:46,620 um I'm seeking of uh the five foot 158 00:07:44,699 --> 00:07:49,020 um the variance the five foot setback 159 00:07:46,620 --> 00:07:51,240 Rule and now I'll go into the reasons 160 00:07:49,020 --> 00:07:54,780 why I think that you should Grant the 161 00:07:51,240 --> 00:07:57,180 variants uh as Mr Kubiak uh points out 162 00:07:54,780 --> 00:07:59,880 in the memo I have the burden of uh 163 00:07:57,180 --> 00:08:04,139 showing the board why the proposal meets 164 00:07:59,880 --> 00:08:06,060 uh five variants standards so I'm just 165 00:08:04,139 --> 00:08:08,819 going to move through one of them each 166 00:08:06,060 --> 00:08:10,380 one of them in order so the first deals 167 00:08:08,819 --> 00:08:13,259 with being in harmony of the 168 00:08:10,380 --> 00:08:15,599 neighborhood and uh as I mentioned 169 00:08:13,259 --> 00:08:17,759 earlier nearby homeowners have placed 170 00:08:15,599 --> 00:08:20,759 their sheds directly on the property 171 00:08:17,759 --> 00:08:22,860 line corner I'm going to leave more 172 00:08:20,759 --> 00:08:25,860 space than they did that's why I'm not 173 00:08:22,860 --> 00:08:28,340 asking for the full five feet of 174 00:08:25,860 --> 00:08:28,340 variance 175 00:08:29,460 --> 00:08:35,820 um and I also just want to say that I 176 00:08:32,099 --> 00:08:38,880 have spoken with all of my neighbors in 177 00:08:35,820 --> 00:08:40,680 the nearby properties and they all 178 00:08:38,880 --> 00:08:43,380 support me in this project 179 00:08:40,680 --> 00:08:46,080 uh and have encouraged me to seek 180 00:08:43,380 --> 00:08:49,740 approval from the town and uh they 181 00:08:46,080 --> 00:08:51,060 prefer that the setback is granted 182 00:08:49,740 --> 00:08:55,680 um so 183 00:08:51,060 --> 00:08:57,839 granting the variance allows the uh um I 184 00:08:55,680 --> 00:09:00,060 I'm also just gonna just quickly 185 00:08:57,839 --> 00:09:04,080 highlight some of the advantages and 186 00:09:00,060 --> 00:09:08,040 reasons why like it makes more sense to 187 00:09:04,080 --> 00:09:10,080 um Grant the variance then not to so 188 00:09:08,040 --> 00:09:12,240 um granting the variance allows the 189 00:09:10,080 --> 00:09:14,279 widest amount of space between the shed 190 00:09:12,240 --> 00:09:18,420 and the other property corner to the 191 00:09:14,279 --> 00:09:20,940 east so this would leave 15 feet of 192 00:09:18,420 --> 00:09:24,540 clearance which is the same width as the 193 00:09:20,940 --> 00:09:27,420 alleyway and it would allow a car or an 194 00:09:24,540 --> 00:09:30,300 emergency vehicle or crew a wider 195 00:09:27,420 --> 00:09:32,779 passage to access the back of the house 196 00:09:30,300 --> 00:09:35,880 in case of an emergency 197 00:09:32,779 --> 00:09:39,300 and then if the variance isn't granted 198 00:09:35,880 --> 00:09:41,360 then I'd have to place the shed in the 199 00:09:39,300 --> 00:09:44,779 middle of the backyard 200 00:09:41,360 --> 00:09:46,940 which wouldn't be in congruence with 201 00:09:44,779 --> 00:09:48,920 other properties 202 00:09:46,940 --> 00:09:52,019 and then 203 00:09:48,920 --> 00:09:55,800 also just to quote my uh next door 204 00:09:52,019 --> 00:09:59,040 neighbor who's not here but he supports 205 00:09:55,800 --> 00:10:01,620 the project he said that uh you know 206 00:09:59,040 --> 00:10:03,959 putting it uh in the middle of the yard 207 00:10:01,620 --> 00:10:06,660 and not getting the variance he said uh 208 00:10:03,959 --> 00:10:10,260 this would look silly and make no sense 209 00:10:06,660 --> 00:10:12,660 so I just wanted to um 210 00:10:10,260 --> 00:10:15,600 uh give you those reasons 211 00:10:12,660 --> 00:10:20,820 um and then the second uh standard that 212 00:10:15,600 --> 00:10:23,940 I have to speak to is um uh about the 213 00:10:20,820 --> 00:10:26,040 use of the property now uh the use uh 214 00:10:23,940 --> 00:10:28,100 the way that this property is zoned is 215 00:10:26,040 --> 00:10:31,140 that it's for a single family home 216 00:10:28,100 --> 00:10:33,720 obviously that's what I continued to you 217 00:10:31,140 --> 00:10:36,180 know want to use this property for 218 00:10:33,720 --> 00:10:38,640 um and I as I mentioned I want to raise 219 00:10:36,180 --> 00:10:40,920 a family in the 220 00:10:38,640 --> 00:10:41,580 um this house and 221 00:10:40,920 --> 00:10:44,760 um 222 00:10:41,580 --> 00:10:47,459 just one uh anecdotal 223 00:10:44,760 --> 00:10:51,000 um piece of information is that uh the 224 00:10:47,459 --> 00:10:55,440 uh previous owner who sold me uh the 225 00:10:51,000 --> 00:10:58,019 property uh they were moving forward and 226 00:10:55,440 --> 00:10:59,880 meeting with the higher bidder 227 00:10:58,019 --> 00:11:03,660 um someone who had outbid me for the 228 00:10:59,880 --> 00:11:06,540 house and uh he was excited to tell him 229 00:11:03,660 --> 00:11:08,519 about his plans to destroy the cottage 230 00:11:06,540 --> 00:11:11,459 and to bulldoze it to the ground and 231 00:11:08,519 --> 00:11:14,579 build a three-story condo so 232 00:11:11,459 --> 00:11:17,519 um he the seller backed out and then 233 00:11:14,579 --> 00:11:19,680 went and and sold the house for less 234 00:11:17,519 --> 00:11:24,000 money to my wife and I so we're really 235 00:11:19,680 --> 00:11:27,180 happy for him doing that and uh I 236 00:11:24,000 --> 00:11:29,459 um you know just having a the storage 237 00:11:27,180 --> 00:11:33,360 space in the shed allows us to continue 238 00:11:29,459 --> 00:11:35,279 to use the property and as a as a um you 239 00:11:33,360 --> 00:11:37,500 know the way that it currently is is a 240 00:11:35,279 --> 00:11:39,420 as a as a beach cottage 241 00:11:37,500 --> 00:11:40,079 and 242 00:11:39,420 --> 00:11:43,920 um 243 00:11:40,079 --> 00:11:46,019 it's uh similar to my neighbor's use of 244 00:11:43,920 --> 00:11:47,579 of of such properties you know where 245 00:11:46,019 --> 00:11:49,260 they store their lawn mowers and tools 246 00:11:47,579 --> 00:11:52,440 you know I just want to do the same 247 00:11:49,260 --> 00:11:54,060 thing and also you know hopefully with 248 00:11:52,440 --> 00:11:56,279 kids stuff 249 00:11:54,060 --> 00:11:57,240 um and then number three the point uh 250 00:11:56,279 --> 00:12:01,260 acts 251 00:11:57,240 --> 00:12:03,959 um it uh if there's any like exceptional 252 00:12:01,260 --> 00:12:06,959 or what uh they the term they use is 253 00:12:03,959 --> 00:12:09,899 peculiar circumstances so 254 00:12:06,959 --> 00:12:11,339 um as you mentioned half the lot is 255 00:12:09,899 --> 00:12:13,500 um 256 00:12:11,339 --> 00:12:15,240 um of the 6 000 square feet is in the 257 00:12:13,500 --> 00:12:18,060 flood zone and I just want to build the 258 00:12:15,240 --> 00:12:20,700 shed outside of the flood zone 259 00:12:18,060 --> 00:12:23,160 um the backyard is 30 feet wide and it 260 00:12:20,700 --> 00:12:25,440 makes the most sense and is in keeping 261 00:12:23,160 --> 00:12:27,959 with what the neighbors have done to 262 00:12:25,440 --> 00:12:31,220 place it in that corner 263 00:12:27,959 --> 00:12:35,040 um and then number four speaks to 264 00:12:31,220 --> 00:12:37,680 unnecessary hardship so um I I've 265 00:12:35,040 --> 00:12:39,540 outlined that it's supposed to be used 266 00:12:37,680 --> 00:12:42,420 for the house is supposed to be used for 267 00:12:39,540 --> 00:12:44,100 a single family home and it's uh just 268 00:12:42,420 --> 00:12:47,820 not possible to have a family in a house 269 00:12:44,100 --> 00:12:51,000 with uh hardly any storage so not having 270 00:12:47,820 --> 00:12:53,639 that space for you know to keep things 271 00:12:51,000 --> 00:12:56,220 for the for um you know ourselves and 272 00:12:53,639 --> 00:12:58,560 the kids that would be uh quite 273 00:12:56,220 --> 00:13:00,420 difficult and kind of make it impossible 274 00:12:58,560 --> 00:13:04,560 to live there 275 00:13:00,420 --> 00:13:06,420 um and then the uh last Point uh speaks 276 00:13:04,560 --> 00:13:10,220 to uh necessary and reasonable use of 277 00:13:06,420 --> 00:13:13,500 the land I don't want to be redundant 278 00:13:10,220 --> 00:13:16,079 to I feel that I've laid out why this 279 00:13:13,500 --> 00:13:17,880 would be a reasonable use of the land 280 00:13:16,079 --> 00:13:21,420 um and uh 281 00:13:17,880 --> 00:13:25,500 um you know how my neighbors have 282 00:13:21,420 --> 00:13:28,019 um have uh sheds as well and and in the 283 00:13:25,500 --> 00:13:31,620 same in the same corner so 284 00:13:28,019 --> 00:13:33,660 um at this point uh I'm happy to uh you 285 00:13:31,620 --> 00:13:36,360 know entertain questions or elaborate on 286 00:13:33,660 --> 00:13:38,220 any of these details that uh 287 00:13:36,360 --> 00:13:40,680 um and we could just like move forward 288 00:13:38,220 --> 00:13:43,100 if if that's okay to the next step in 289 00:13:40,680 --> 00:13:43,100 this process 290 00:13:47,880 --> 00:13:53,579 um go ahead I do have a question how did 291 00:13:50,519 --> 00:13:55,560 you arrive at the size of the ship you 292 00:13:53,579 --> 00:13:58,740 were proposing I believe uh 293 00:13:55,560 --> 00:14:01,079 what was it 10 by 14 if I'm correct uh 294 00:13:58,740 --> 00:14:05,519 so originally it was 10 by 16 and Mr 295 00:14:01,079 --> 00:14:08,519 Jakubiak uh he uh said that there's not 296 00:14:05,519 --> 00:14:10,440 a restriction on how large the shed 297 00:14:08,519 --> 00:14:14,100 could be but he recommended that I 298 00:14:10,440 --> 00:14:16,860 reduce the size and um you know I I just 299 00:14:14,100 --> 00:14:18,779 wanted to make sure that this process 300 00:14:16,860 --> 00:14:21,720 could go smoothly I wanted to increase 301 00:14:18,779 --> 00:14:24,779 the likelihood that the shed would be 302 00:14:21,720 --> 00:14:29,000 approved so I reduced the profile of the 303 00:14:24,779 --> 00:14:29,000 shed to uh eight by fourteen 304 00:14:34,760 --> 00:14:40,680 I don't really know how to ask this 305 00:14:37,320 --> 00:14:42,420 particular question it's 306 00:14:40,680 --> 00:14:45,720 I guess we should 307 00:14:42,420 --> 00:14:48,120 so how touchy is that one foot movement 308 00:14:45,720 --> 00:14:50,880 right like if you take the same shed and 309 00:14:48,120 --> 00:14:52,440 she's right and and extra for say it's 310 00:14:50,880 --> 00:14:54,899 two feet instead of one foot that 311 00:14:52,440 --> 00:14:56,699 variance is just like another foot or 312 00:14:54,899 --> 00:14:58,380 two more feet how much does how does 313 00:14:56,699 --> 00:15:01,380 that affect your 314 00:14:58,380 --> 00:15:04,680 use like and like we're your neighbors 315 00:15:01,380 --> 00:15:05,880 we we understand this town somewhat 316 00:15:04,680 --> 00:15:07,380 um and a lot of the stuff we have here 317 00:15:05,880 --> 00:15:09,480 is kind of grandfathered in their old 318 00:15:07,380 --> 00:15:11,399 old buildings on these really tiny Lots 319 00:15:09,480 --> 00:15:13,019 so I think we all understand like yeah 320 00:15:11,399 --> 00:15:14,399 challenges to this 321 00:15:13,019 --> 00:15:15,959 um so just to get a perspective like 322 00:15:14,399 --> 00:15:17,940 just say you want to just move it a 323 00:15:15,959 --> 00:15:20,040 little bit one way like how do you how 324 00:15:17,940 --> 00:15:22,980 do you mentally think about that like at 325 00:15:20,040 --> 00:15:26,760 this one foot over and one foot back is 326 00:15:22,980 --> 00:15:28,680 is the spot for your shed yeah yeah so I 327 00:15:26,760 --> 00:15:31,139 mean I didn't want to put it right on 328 00:15:28,680 --> 00:15:33,300 the property line because 329 00:15:31,139 --> 00:15:35,699 um if like something happened to the you 330 00:15:33,300 --> 00:15:38,639 know the siding or whatever I wanted to 331 00:15:35,699 --> 00:15:40,500 be able to access the 332 00:15:38,639 --> 00:15:43,440 um you know the walls of the shed 333 00:15:40,500 --> 00:15:44,940 without having to you know be on my 334 00:15:43,440 --> 00:15:46,940 neighbor's property 335 00:15:44,940 --> 00:15:49,740 um is it as I mentioned earlier like 336 00:15:46,940 --> 00:15:51,779 he he he said I should put it right on 337 00:15:49,740 --> 00:15:53,820 the corner but I I do want to have you 338 00:15:51,779 --> 00:15:55,740 know just in case the neighbors change 339 00:15:53,820 --> 00:15:57,959 over that sort of thing 340 00:15:55,740 --> 00:15:59,399 um I think that it's the best use of the 341 00:15:57,959 --> 00:16:02,519 space 342 00:15:59,399 --> 00:16:04,139 um to have the wider margin 343 00:16:02,519 --> 00:16:06,300 um and yard there 344 00:16:04,139 --> 00:16:09,540 um as I as I mentioned um you know like 345 00:16:06,300 --> 00:16:11,820 a vehicle could potentially like 346 00:16:09,540 --> 00:16:14,940 um you know pass through there but it 347 00:16:11,820 --> 00:16:16,560 just doesn't make much uh like in terms 348 00:16:14,940 --> 00:16:20,339 of getting the best use out of the land 349 00:16:16,560 --> 00:16:23,940 to have like a tiny little strip there 350 00:16:20,339 --> 00:16:26,220 that I'm not really going to be uh doing 351 00:16:23,940 --> 00:16:29,060 any much other than like whacking the 352 00:16:26,220 --> 00:16:29,060 weeds in that space 353 00:16:34,320 --> 00:16:37,440 um at this point unless there are other 354 00:16:36,000 --> 00:16:40,620 questions we'd normally go to Mr 355 00:16:37,440 --> 00:16:42,480 jacobiak to uh to read his you know kind 356 00:16:40,620 --> 00:16:46,440 of take on things so if you want to have 357 00:16:42,480 --> 00:16:49,139 a seat um I I have a quick summary of um 358 00:16:46,440 --> 00:16:52,740 of what I think of what he wrote To Us 359 00:16:49,139 --> 00:16:55,259 in a memorandum and uh staff report so 360 00:16:52,740 --> 00:16:57,180 I'll quickly go over you know what he 361 00:16:55,259 --> 00:16:59,040 says and then we can come back and okay 362 00:16:57,180 --> 00:17:00,540 okay 363 00:16:59,040 --> 00:17:02,759 um 364 00:17:00,540 --> 00:17:06,299 so yeah like as I said Bob as I said 365 00:17:02,759 --> 00:17:09,799 normally Mr Jakubiak would be able to um 366 00:17:06,299 --> 00:17:09,799 do this for himself 367 00:17:10,079 --> 00:17:14,400 um so it sounds like the gist of this to 368 00:17:13,380 --> 00:17:15,839 me 369 00:17:14,400 --> 00:17:18,179 um is that an original application was 370 00:17:15,839 --> 00:17:20,939 denied for a larger shed there were some 371 00:17:18,179 --> 00:17:23,400 back and forth with uh Mr Kubiak and a 372 00:17:20,939 --> 00:17:25,740 smaller shed was uh reapplied for to be 373 00:17:23,400 --> 00:17:29,000 in more or less the same location and 374 00:17:25,740 --> 00:17:29,000 that's why we're here today 375 00:17:30,059 --> 00:17:37,980 um it's to vary the uh the the five foot 376 00:17:33,559 --> 00:17:39,720 required side Lots or the the space that 377 00:17:37,980 --> 00:17:42,480 buildings need to be from the rear 378 00:17:39,720 --> 00:17:45,240 inside of the lot lines 379 00:17:42,480 --> 00:17:48,900 um and in his report he quotes uh 380 00:17:45,240 --> 00:17:51,059 section 290 19g that completely detached 381 00:17:48,900 --> 00:17:53,340 accessory buildings May occupy required 382 00:17:51,059 --> 00:17:55,260 side and rear yards which shall not be 383 00:17:53,340 --> 00:17:58,020 located closer than five feet to any 384 00:17:55,260 --> 00:18:00,240 side or rear of the property line I'm 385 00:17:58,020 --> 00:18:04,260 just laying things out 386 00:18:00,240 --> 00:18:06,660 um and from my perspective reading the 387 00:18:04,260 --> 00:18:07,740 staff staff report there were two things 388 00:18:06,660 --> 00:18:09,840 to note 389 00:18:07,740 --> 00:18:12,840 um and these would be with regards to 390 00:18:09,840 --> 00:18:14,700 the evaluation of criteria is one and 391 00:18:12,840 --> 00:18:15,780 criteria five 392 00:18:14,700 --> 00:18:18,539 um 393 00:18:15,780 --> 00:18:20,340 so uh from his report 394 00:18:18,539 --> 00:18:21,960 um the point one that the granting of 395 00:18:20,340 --> 00:18:23,520 the variant shall be in harmony with a 396 00:18:21,960 --> 00:18:26,880 general purpose and intent of the 397 00:18:23,520 --> 00:18:29,220 chapter on zoning ordinance he says this 398 00:18:26,880 --> 00:18:31,559 proposed shed its size at 112 feet plus 399 00:18:29,220 --> 00:18:33,480 ease and its placement within just one 400 00:18:31,559 --> 00:18:35,580 foot of the lot line tend to overcrowd 401 00:18:33,480 --> 00:18:38,000 the land which is not in harmony with 402 00:18:35,580 --> 00:18:38,000 the purpose 403 00:18:38,220 --> 00:18:42,299 um and as an aside that's we don't hear 404 00:18:40,260 --> 00:18:44,520 that from him too often 405 00:18:42,299 --> 00:18:47,360 um so I think the board should should 406 00:18:44,520 --> 00:18:47,360 pay attention to that 407 00:18:47,640 --> 00:18:50,760 this one 408 00:18:49,260 --> 00:18:53,520 um the second one is point five that the 409 00:18:50,760 --> 00:18:55,260 granting of variance for the necessary 410 00:18:53,520 --> 00:18:58,620 and reasonable use is the the minimum 411 00:18:55,260 --> 00:19:00,840 variance granted to accomplish the task 412 00:18:58,620 --> 00:19:02,460 um and he says can the reasonable use of 413 00:19:00,840 --> 00:19:04,140 the rear yard for a shed be accomplished 414 00:19:02,460 --> 00:19:06,299 with a greater separation between the 415 00:19:04,140 --> 00:19:08,820 shed and lot lines it would appear to be 416 00:19:06,299 --> 00:19:09,840 the case once again 417 00:19:08,820 --> 00:19:12,720 um 418 00:19:09,840 --> 00:19:14,820 uh so the board itself can approve a 419 00:19:12,720 --> 00:19:16,260 variance or deny it in approving a 420 00:19:14,820 --> 00:19:18,179 variance that can place conditions on 421 00:19:16,260 --> 00:19:20,640 the application that help to ensure the 422 00:19:18,179 --> 00:19:23,280 project meets the standards should the 423 00:19:20,640 --> 00:19:24,960 board impose conditions on it approval 424 00:19:23,280 --> 00:19:26,460 those conditions would be addressed 425 00:19:24,960 --> 00:19:28,740 during site planning and review and 426 00:19:26,460 --> 00:19:31,440 permitting processes conducted by the 427 00:19:28,740 --> 00:19:34,919 zoning administrator Chris 428 00:19:31,440 --> 00:19:36,960 um so and as a follow-up with him uh he 429 00:19:34,919 --> 00:19:37,980 sent a memorandum addendum to staff 430 00:19:36,960 --> 00:19:41,460 report 431 00:19:37,980 --> 00:19:43,500 once again from him uh in my April 18th 432 00:19:41,460 --> 00:19:45,120 memorandum I indicated my view that the 433 00:19:43,500 --> 00:19:47,400 applicant's proposal would tend to 434 00:19:45,120 --> 00:19:48,840 overcrowd The Limited rare yard which is 435 00:19:47,400 --> 00:19:50,940 not in harmony with the general purpose 436 00:19:48,840 --> 00:19:53,039 of this unemployment 437 00:19:50,940 --> 00:19:54,840 um standard one I also noted the 438 00:19:53,039 --> 00:19:56,820 applicants requested variance is not the 439 00:19:54,840 --> 00:19:59,299 minimum necessary to ensure a reasonable 440 00:19:56,820 --> 00:20:01,679 use of this land 441 00:19:59,299 --> 00:20:03,600 here are two recommendations to help 442 00:20:01,679 --> 00:20:06,059 ensure the project meets the standards 443 00:20:03,600 --> 00:20:07,260 for granting variants for number one he 444 00:20:06,059 --> 00:20:08,880 recommends that his shed should be 445 00:20:07,260 --> 00:20:10,880 reduced in size to something 446 00:20:08,880 --> 00:20:13,440 approximately eight by ten 447 00:20:10,880 --> 00:20:15,600 and that's the size of the shed and for 448 00:20:13,440 --> 00:20:17,640 number five with regards to positioning 449 00:20:15,600 --> 00:20:19,140 uh he does not think the board of 450 00:20:17,640 --> 00:20:21,780 appeals needs to Grant the full four 451 00:20:19,140 --> 00:20:23,760 foot variance requested by belief the 452 00:20:21,780 --> 00:20:25,559 applicant could locate the shed at least 453 00:20:23,760 --> 00:20:27,660 two more feet from the side yard and 454 00:20:25,559 --> 00:20:30,620 still make reasonable use of the problem 455 00:20:27,660 --> 00:20:30,620 reasonable was 456 00:20:31,980 --> 00:20:38,039 a word that can hang a lot onto so uh so 457 00:20:35,940 --> 00:20:39,900 from Chris so my recommendation is to 458 00:20:38,039 --> 00:20:41,940 Grant the application for only a two 459 00:20:39,900 --> 00:20:43,559 foot variance in this way the shed could 460 00:20:41,940 --> 00:20:46,140 be placed three feet from the side Lot 461 00:20:43,559 --> 00:20:47,820 line rather than just the one foot as a 462 00:20:46,140 --> 00:20:49,679 matter of good practice I would advise 463 00:20:47,820 --> 00:20:51,840 the board to require at least two feet 464 00:20:49,679 --> 00:20:53,760 from the rear lot line to minimize the 465 00:20:51,840 --> 00:20:56,539 impact of encroachment on the town owned 466 00:20:53,760 --> 00:20:56,539 right-of-way which 467 00:20:57,059 --> 00:21:03,059 oh uh that's me trying to summarize what 468 00:20:59,640 --> 00:21:05,340 he was saying uh in in a couple words 469 00:21:03,059 --> 00:21:08,640 um and uh hopefully that was decent 470 00:21:05,340 --> 00:21:10,440 enough at this point I don't feel uh 471 00:21:08,640 --> 00:21:12,000 confident to answer questions as to his 472 00:21:10,440 --> 00:21:14,100 intent about that 473 00:21:12,000 --> 00:21:16,020 um so if it's okay with everybody 474 00:21:14,100 --> 00:21:18,419 um we can move on to testimony of 475 00:21:16,020 --> 00:21:20,400 proponents or opponents 476 00:21:18,419 --> 00:21:22,200 when we do that I'd like to make sure 477 00:21:20,400 --> 00:21:25,440 that we have a record 478 00:21:22,200 --> 00:21:28,440 the appropriate documents well I think 479 00:21:25,440 --> 00:21:32,760 that we would start with the notice to 480 00:21:28,440 --> 00:21:36,780 applicant movie accent to uh 481 00:21:32,760 --> 00:21:41,100 February 1st 2023 482 00:21:36,780 --> 00:21:45,799 and I think the application and Mr 483 00:21:41,100 --> 00:21:45,799 Warnock file what I've filed on 484 00:21:46,380 --> 00:21:52,500 11 2023. 485 00:21:49,500 --> 00:21:52,500 materials 486 00:21:52,860 --> 00:21:57,360 then we have 487 00:21:55,919 --> 00:21:59,780 X 488 00:21:57,360 --> 00:22:04,020 report 489 00:21:59,780 --> 00:22:04,020 April 18 2023 490 00:22:07,140 --> 00:22:12,080 and we have addendum to the staff report 491 00:22:09,600 --> 00:22:12,080 from Michigan 492 00:22:13,360 --> 00:22:16,670 [Music] 493 00:22:23,820 --> 00:22:27,299 okay if you guys would like to have 494 00:22:25,740 --> 00:22:29,460 anyone come up and speak 495 00:22:27,299 --> 00:22:31,559 um please step to the front or stand as 496 00:22:29,460 --> 00:22:33,179 you see fit and uh all you need to do is 497 00:22:31,559 --> 00:22:36,419 announce your name your address 498 00:22:33,179 --> 00:22:38,220 generally uh City it's fine 499 00:22:36,419 --> 00:22:41,539 um and who you represent uh or that 500 00:22:38,220 --> 00:22:41,539 you're speaking on you're on behalf 501 00:22:48,380 --> 00:22:57,960 hello I'm Abby albertuman I live at 4012 502 00:22:53,600 --> 00:23:02,100 27th Street so last name bertumen b as 503 00:22:57,960 --> 00:23:03,960 in boy e r t as in Tom u m e n as in 504 00:23:02,100 --> 00:23:07,380 Nancy 505 00:23:03,960 --> 00:23:09,240 so I own the property at 40 12 27th 506 00:23:07,380 --> 00:23:13,140 Street 507 00:23:09,240 --> 00:23:16,799 um and I am as a practical matter the 508 00:23:13,140 --> 00:23:19,380 user of the right of way that Mr I'm 509 00:23:16,799 --> 00:23:20,760 sorry his Kubiak Mr jukubiak is is 510 00:23:19,380 --> 00:23:25,320 talking about 511 00:23:20,760 --> 00:23:28,679 and um I can say that you know if excuse 512 00:23:25,320 --> 00:23:31,260 me this Chad were to be built as 513 00:23:28,679 --> 00:23:34,260 um Mr wanna proposed I don't see an 514 00:23:31,260 --> 00:23:37,440 issue with it I you know sort of use 515 00:23:34,260 --> 00:23:39,840 that entryway regularly to access my 516 00:23:37,440 --> 00:23:41,880 property I don't have a problem with 517 00:23:39,840 --> 00:23:42,780 getting in and out and there's a plenty 518 00:23:41,880 --> 00:23:45,299 of room 519 00:23:42,780 --> 00:23:47,340 so I think that 520 00:23:45,299 --> 00:23:49,260 um you know having a shed with the 521 00:23:47,340 --> 00:23:52,220 dimensions that Mr Wana proposed this 522 00:23:49,260 --> 00:23:52,220 wouldn't be a problem 523 00:23:57,179 --> 00:24:04,559 uh hi my name is Thomas Cole 524 00:24:00,780 --> 00:24:06,240 um I live about a block away so uh just 525 00:24:04,559 --> 00:24:09,000 um I want to be clear I'm not directly 526 00:24:06,240 --> 00:24:11,880 affected I'm not a neighbor but I am 527 00:24:09,000 --> 00:24:15,059 very familiar with uh that right away 528 00:24:11,880 --> 00:24:17,659 and the look of the properties and I 529 00:24:15,059 --> 00:24:20,220 don't think it would affect the look 530 00:24:17,659 --> 00:24:22,740 negatively or affect the use of the 531 00:24:20,220 --> 00:24:24,720 right-of-way if he put the shed where he 532 00:24:22,740 --> 00:24:25,799 was stating 533 00:24:24,720 --> 00:24:29,659 um 534 00:24:25,799 --> 00:24:29,659 let's go that's all I have to say 535 00:24:30,960 --> 00:24:33,840 okay thank you everybody 536 00:24:33,240 --> 00:24:36,179 um 537 00:24:33,840 --> 00:24:37,919 unless there is anything I'm missing at 538 00:24:36,179 --> 00:24:39,960 this point we'll close the Public Public 539 00:24:37,919 --> 00:24:42,419 hearing and um 540 00:24:39,960 --> 00:24:43,799 I have a motion to begin deliberations 541 00:24:42,419 --> 00:24:45,659 from the board 542 00:24:43,799 --> 00:24:48,320 but I'll make a motion to begin 543 00:24:45,659 --> 00:24:48,320 deliberations 544 00:24:48,900 --> 00:24:51,780 all right 545 00:24:50,760 --> 00:24:53,940 um 546 00:24:51,780 --> 00:24:55,679 okay uh so now it's kind of the open 547 00:24:53,940 --> 00:24:59,159 floor where we just 548 00:24:55,679 --> 00:25:03,539 uh talk about what we've heard so far 549 00:24:59,159 --> 00:25:05,100 um and I will get started by 550 00:25:03,539 --> 00:25:09,059 um just saying I think I think the case 551 00:25:05,100 --> 00:25:12,059 here is initially do we want to deny or 552 00:25:09,059 --> 00:25:14,820 approve this outright as it stands 553 00:25:12,059 --> 00:25:16,380 um or would we want to do something 554 00:25:14,820 --> 00:25:19,380 along the lines of what Mr Jacoby 555 00:25:16,380 --> 00:25:20,700 mentioned approved with conditions um 556 00:25:19,380 --> 00:25:23,039 summarize those I believe his 557 00:25:20,700 --> 00:25:24,539 recommendations were to shrink the 558 00:25:23,039 --> 00:25:27,240 building a little bit if we choose to 559 00:25:24,539 --> 00:25:30,059 write these are all optional and change 560 00:25:27,240 --> 00:25:33,000 the distance on from the side mirror lot 561 00:25:30,059 --> 00:25:34,020 lines he recommended a minimum I believe 562 00:25:33,000 --> 00:25:35,940 of 563 00:25:34,020 --> 00:25:38,700 um of being two feet from the the back 564 00:25:35,940 --> 00:25:40,559 line so three foot variance uh 565 00:25:38,700 --> 00:25:42,240 and uh 566 00:25:40,559 --> 00:25:44,700 and I believe he actually recommended a 567 00:25:42,240 --> 00:25:46,860 three foot variance 568 00:25:44,700 --> 00:25:49,140 is memorandum 569 00:25:46,860 --> 00:25:50,880 so I think those are the options to us 570 00:25:49,140 --> 00:25:52,020 should we should we choose to act on any 571 00:25:50,880 --> 00:25:52,860 of them 572 00:25:52,020 --> 00:25:54,000 um 573 00:25:52,860 --> 00:25:56,460 and 574 00:25:54,000 --> 00:25:59,039 I'll just I'll pause there and uh see 575 00:25:56,460 --> 00:26:01,460 what the other board members 576 00:25:59,039 --> 00:26:01,460 think 577 00:26:01,740 --> 00:26:06,240 um let me speak 578 00:26:03,360 --> 00:26:09,720 um yeah I I think the conditions do 579 00:26:06,240 --> 00:26:11,940 justify granting of variance 580 00:26:09,720 --> 00:26:14,220 um you know the lot's very small 581 00:26:11,940 --> 00:26:16,200 part of it's on the flood plain 582 00:26:14,220 --> 00:26:18,179 so um 583 00:26:16,200 --> 00:26:21,600 you know I think a variance would be 584 00:26:18,179 --> 00:26:24,500 justified the the question is you know 585 00:26:21,600 --> 00:26:24,500 what's the minimum 586 00:26:24,840 --> 00:26:30,120 would still be 587 00:26:27,240 --> 00:26:34,380 acceptable 588 00:26:30,120 --> 00:26:37,500 um I don't think on one foot uh I don't 589 00:26:34,380 --> 00:26:40,140 think a four or four foot variance 590 00:26:37,500 --> 00:26:40,799 um would be enough 591 00:26:40,140 --> 00:26:42,779 um 592 00:26:40,799 --> 00:26:44,400 I say enough well let me say if I'll put 593 00:26:42,779 --> 00:26:46,500 it this way off I think a four foot 594 00:26:44,400 --> 00:26:49,740 variance would be too much 595 00:26:46,500 --> 00:26:51,779 just one foot from the property line 596 00:26:49,740 --> 00:26:55,320 um he doesn't doesn't really give you 597 00:26:51,779 --> 00:26:58,380 access to the to the structure without 598 00:26:55,320 --> 00:27:00,960 incur without incurring over into the 599 00:26:58,380 --> 00:27:01,919 joining Alliance what do you joining 600 00:27:00,960 --> 00:27:05,520 spaces 601 00:27:01,919 --> 00:27:07,860 so so I think I think the variance of 602 00:27:05,520 --> 00:27:10,740 less than four feet 603 00:27:07,860 --> 00:27:12,140 would be uh 604 00:27:10,740 --> 00:27:15,260 a better answer 605 00:27:12,140 --> 00:27:18,240 in the north-south direction it 606 00:27:15,260 --> 00:27:20,279 again the space is very small 607 00:27:18,240 --> 00:27:21,539 there is more space in the East-West 608 00:27:20,279 --> 00:27:24,840 Direction 609 00:27:21,539 --> 00:27:28,620 less than the north-south direction 610 00:27:24,840 --> 00:27:31,020 I would be in favor of uh 611 00:27:28,620 --> 00:27:33,539 a 612 00:27:31,020 --> 00:27:34,679 three foot variance in the north-south 613 00:27:33,539 --> 00:27:38,039 direction 614 00:27:34,679 --> 00:27:41,700 meaning two feet from the property line 615 00:27:38,039 --> 00:27:42,900 and a two foot variance on the East-West 616 00:27:41,700 --> 00:27:44,640 Direction 617 00:27:42,900 --> 00:27:45,720 meaning three foot from the property 618 00:27:44,640 --> 00:27:48,179 line 619 00:27:45,720 --> 00:27:50,520 step back 620 00:27:48,179 --> 00:27:53,159 as far as the size of the shed 621 00:27:50,520 --> 00:27:55,380 the smaller the shed of course the more 622 00:27:53,159 --> 00:27:58,620 space you're having a lot 623 00:27:55,380 --> 00:28:01,080 but then you you probably want as much 624 00:27:58,620 --> 00:28:05,340 storage space as you can get 625 00:28:01,080 --> 00:28:07,860 so you know eight by fourteen 626 00:28:05,340 --> 00:28:10,559 especially given that the uh the width a 627 00:28:07,860 --> 00:28:13,020 lot gives you a little bit more space 628 00:28:10,559 --> 00:28:15,380 I mean I would say 8 by 14 would be 629 00:28:13,020 --> 00:28:15,380 acceptable 630 00:28:19,140 --> 00:28:22,640 I agree I think that's agreement 631 00:28:23,039 --> 00:28:27,659 not talking you know I'm running some 632 00:28:25,620 --> 00:28:29,100 large functions 633 00:28:27,659 --> 00:28:31,400 is that he wants you know for storage 634 00:28:29,100 --> 00:28:31,400 first 635 00:28:34,140 --> 00:28:38,400 um yeah I think I mean we've and one of 636 00:28:37,320 --> 00:28:40,380 the one of your arguments that you made 637 00:28:38,400 --> 00:28:42,299 is that all your neighbors have 638 00:28:40,380 --> 00:28:44,159 a shed Setter right on the on the 639 00:28:42,299 --> 00:28:46,020 corners it's really hard to uh kind of 640 00:28:44,159 --> 00:28:47,580 because we're the people you come to who 641 00:28:46,020 --> 00:28:49,200 bend the rules right that's that's the 642 00:28:47,580 --> 00:28:51,480 job of us here 643 00:28:49,200 --> 00:28:54,360 um to take into uh the concerns Mr 644 00:28:51,480 --> 00:28:56,340 Jakubiak has managing the whole town and 645 00:28:54,360 --> 00:28:58,200 also you know 646 00:28:56,340 --> 00:28:59,880 allowing for you to do things just like 647 00:28:58,200 --> 00:29:03,539 your neighbors did 648 00:28:59,880 --> 00:29:05,520 um from from my perspective I I think 649 00:29:03,539 --> 00:29:07,020 that I'm I'm not terribly concerned with 650 00:29:05,520 --> 00:29:08,520 the size of the shed like build build 651 00:29:07,020 --> 00:29:11,279 whatever you like 652 00:29:08,520 --> 00:29:13,679 um but I do take his advice to say two 653 00:29:11,279 --> 00:29:14,760 feet from the property line relatively 654 00:29:13,679 --> 00:29:15,360 seriously 655 00:29:14,760 --> 00:29:17,340 um 656 00:29:15,360 --> 00:29:18,539 he does have reasons for for these 657 00:29:17,340 --> 00:29:21,179 things and I think they're they're 658 00:29:18,539 --> 00:29:24,419 basing this town grow and change 659 00:29:21,179 --> 00:29:27,480 um and so although I I mean I think it's 660 00:29:24,419 --> 00:29:28,980 all you know it's Shades of Gray 661 00:29:27,480 --> 00:29:31,440 um I think at least 662 00:29:28,980 --> 00:29:32,940 at least one more foot would do do 663 00:29:31,440 --> 00:29:35,820 whatever you want with the size of the 664 00:29:32,940 --> 00:29:38,100 shed move it one foot in on on both 665 00:29:35,820 --> 00:29:41,779 sides and that's that's pretty much what 666 00:29:38,100 --> 00:29:41,779 I I'd be looking for um 667 00:29:43,320 --> 00:29:48,419 different opinions I'll take objections 668 00:29:46,740 --> 00:29:49,860 I agree with the size that you're 669 00:29:48,419 --> 00:29:52,820 proposing 670 00:29:49,860 --> 00:29:52,820 would be acceptable 671 00:29:53,700 --> 00:29:59,220 uh okay so 672 00:29:56,760 --> 00:30:01,200 I guess the first thing is I'll start 673 00:29:59,220 --> 00:30:03,899 easy do we want to approve this outright 674 00:30:01,200 --> 00:30:06,440 do we want to approve with conditions or 675 00:30:03,899 --> 00:30:06,440 do we want to 676 00:30:07,340 --> 00:30:12,059 we're on the conditions path 677 00:30:10,260 --> 00:30:15,120 um well I would I would approve what 678 00:30:12,059 --> 00:30:17,100 conditions I don't think 679 00:30:15,120 --> 00:30:20,360 um a four foot variance I think a four 680 00:30:17,100 --> 00:30:20,360 foot variance would be too much 681 00:30:21,480 --> 00:30:26,520 I said earlier 682 00:30:23,279 --> 00:30:29,340 I think a uh two foot variance from the 683 00:30:26,520 --> 00:30:31,860 on the East-West Direction meaning 684 00:30:29,340 --> 00:30:34,460 set the shed three foot from the 685 00:30:31,860 --> 00:30:34,460 property line 686 00:30:34,620 --> 00:30:40,080 and then a uh three foot variance in the 687 00:30:37,860 --> 00:30:43,700 north-south direction meaning it's at 688 00:30:40,080 --> 00:30:43,700 the shed two feet from the property line 689 00:30:45,299 --> 00:30:48,559 would be a good solution 690 00:30:49,200 --> 00:30:53,640 how would you uh proceed I agree with 691 00:30:51,659 --> 00:30:55,760 Paul as well 692 00:30:53,640 --> 00:30:55,760 um 693 00:30:56,340 --> 00:31:01,380 yeah I I think that is a a good solution 694 00:30:59,940 --> 00:31:02,880 I'm sorry it wouldn't be exactly what 695 00:31:01,380 --> 00:31:04,919 you asked for 696 00:31:02,880 --> 00:31:07,080 um but I think I think one of the things 697 00:31:04,919 --> 00:31:09,360 that maybe would help with this would be 698 00:31:07,080 --> 00:31:11,700 if we Grant you this variance we change 699 00:31:09,360 --> 00:31:13,320 how close to the lot lines you can move 700 00:31:11,700 --> 00:31:16,020 it but then not send any specifications 701 00:31:13,320 --> 00:31:17,640 on the size of your shed so you have to 702 00:31:16,020 --> 00:31:19,140 move it one foot farther in One 703 00:31:17,640 --> 00:31:20,940 Direction and two farther in the other 704 00:31:19,140 --> 00:31:23,880 and then you can figure out how that 705 00:31:20,940 --> 00:31:26,760 works with your yard to to make the best 706 00:31:23,880 --> 00:31:29,039 the best use of it as possible 707 00:31:26,760 --> 00:31:31,260 um you're welcome to oh sorry this is as 708 00:31:29,039 --> 00:31:32,640 close for you 709 00:31:31,260 --> 00:31:35,399 um 710 00:31:32,640 --> 00:31:38,340 so in that case 711 00:31:35,399 --> 00:31:39,840 um I guess I will go ahead and call for 712 00:31:38,340 --> 00:31:42,480 a vote 713 00:31:39,840 --> 00:31:44,820 um how do we feel we feel about this uh 714 00:31:42,480 --> 00:31:47,279 three foot two foot did I get that right 715 00:31:44,820 --> 00:31:49,399 three foot two foot variance 716 00:31:47,279 --> 00:31:49,399 um 717 00:31:52,799 --> 00:31:56,460 are you saying that 718 00:31:54,480 --> 00:31:59,340 this would be 719 00:31:56,460 --> 00:32:01,320 um leave me a three foot separation 720 00:31:59,340 --> 00:32:02,940 between 721 00:32:01,320 --> 00:32:06,240 um the 722 00:32:02,940 --> 00:32:08,340 neighbor's house to the West 723 00:32:06,240 --> 00:32:11,700 um and then two feet from where the 724 00:32:08,340 --> 00:32:14,940 alleyway is now right okay yeah 725 00:32:11,700 --> 00:32:16,679 um I do want to mention that uh the 726 00:32:14,940 --> 00:32:20,399 neighbor did say that it would be better 727 00:32:16,679 --> 00:32:23,700 to like go uh closer to his lot 728 00:32:20,399 --> 00:32:26,340 um because he's he has like a 729 00:32:23,700 --> 00:32:29,159 um a view of the water to like the right 730 00:32:26,340 --> 00:32:31,260 of my house so 731 00:32:29,159 --> 00:32:33,899 um the way the shed is it kind of like 732 00:32:31,260 --> 00:32:36,179 it's more like to the 733 00:32:33,899 --> 00:32:39,120 um blocks like a view of somebody else's 734 00:32:36,179 --> 00:32:43,260 house whereas moving it like kind of 735 00:32:39,120 --> 00:32:46,380 like starts to Eclipse his his view so I 736 00:32:43,260 --> 00:32:51,000 just I think it I mean two two feet 737 00:32:46,380 --> 00:32:53,340 gives me plenty of access to you know 738 00:32:51,000 --> 00:32:56,100 to mess around with siding and that sort 739 00:32:53,340 --> 00:32:58,679 of thing uh three feet is like way more 740 00:32:56,100 --> 00:33:01,200 than I than I would need is so if you 741 00:32:58,679 --> 00:33:02,100 you know would consider doing like two 742 00:33:01,200 --> 00:33:04,320 feet 743 00:33:02,100 --> 00:33:06,659 um I think that's that's really plenty 744 00:33:04,320 --> 00:33:08,220 of for me to to for the purposes that 745 00:33:06,659 --> 00:33:08,940 you stated 746 00:33:08,220 --> 00:33:12,559 um 747 00:33:08,940 --> 00:33:12,559 so how do you feel about that Paul 748 00:33:12,779 --> 00:33:17,539 I don't think I fully understand the 749 00:33:17,700 --> 00:33:23,279 you comment 750 00:33:20,640 --> 00:33:25,559 view of the water 751 00:33:23,279 --> 00:33:28,019 in which neighbor did you refer to are 752 00:33:25,559 --> 00:33:29,820 you referring to yes so the neighbor to 753 00:33:28,019 --> 00:33:31,860 the west and I'd be happy to show you 754 00:33:29,820 --> 00:33:33,960 photographs so 755 00:33:31,860 --> 00:33:34,620 um if you prefer 756 00:33:33,960 --> 00:33:37,080 um 757 00:33:34,620 --> 00:33:40,100 if I have coffees here 758 00:33:37,080 --> 00:33:44,220 um and then I think it's this one right 759 00:33:40,100 --> 00:33:46,620 uh yeah but I have like ones that I took 760 00:33:44,220 --> 00:33:48,480 from his house to today 761 00:33:46,620 --> 00:33:52,340 um we enter these in is this something 762 00:33:48,480 --> 00:33:52,340 we got to turn the record who knows okay 763 00:33:55,679 --> 00:33:58,159 so 764 00:34:02,659 --> 00:34:06,970 further I get it towards the poverty 765 00:34:05,640 --> 00:34:07,620 is 766 00:34:06,970 --> 00:34:08,760 [Music] 767 00:34:07,620 --> 00:34:13,139 um 768 00:34:08,760 --> 00:34:16,619 less like a you know going to be 769 00:34:13,139 --> 00:34:18,119 approach into you so okay uh where if I 770 00:34:16,619 --> 00:34:21,240 started to move it to the right it 771 00:34:18,119 --> 00:34:23,760 starts to get into more into his you 772 00:34:21,240 --> 00:34:25,740 know visibility of the water now he 773 00:34:23,760 --> 00:34:27,839 always like I said he always supported 774 00:34:25,740 --> 00:34:30,119 it but he said like I didn't try to get 775 00:34:27,839 --> 00:34:31,139 that started close to the property line 776 00:34:30,119 --> 00:34:33,240 okay 777 00:34:31,139 --> 00:34:36,720 and 778 00:34:33,240 --> 00:34:38,760 um as this was Paul's idea I am 779 00:34:36,720 --> 00:34:40,980 I think it's up to him to uh to speak to 780 00:34:38,760 --> 00:34:42,720 it yeah I I guess I still don't 781 00:34:40,980 --> 00:34:44,820 understand how 782 00:34:42,720 --> 00:34:47,099 moving the shed 783 00:34:44,820 --> 00:34:49,440 one way or the other 784 00:34:47,099 --> 00:34:50,460 in the East-West Direction changes his 785 00:34:49,440 --> 00:34:53,460 View 786 00:34:50,460 --> 00:34:55,619 yeah so it it's kind of like if you're 787 00:34:53,460 --> 00:34:58,680 sitting from where you are now imagine 788 00:34:55,619 --> 00:35:01,859 that you um could see the water from 789 00:34:58,680 --> 00:35:04,740 like maybe where that flagpole is 790 00:35:01,859 --> 00:35:07,500 um or that sort of thing now 791 00:35:04,740 --> 00:35:09,599 um if there's a how a shed like over 792 00:35:07,500 --> 00:35:12,240 that way it's not going to obstruct your 793 00:35:09,599 --> 00:35:15,660 view as as it approaches closer to that 794 00:35:12,240 --> 00:35:17,400 flagpole it starts to you know remove 795 00:35:15,660 --> 00:35:18,859 more this is your neighbor's view right 796 00:35:17,400 --> 00:35:22,980 this right the view from his house 797 00:35:18,859 --> 00:35:26,460 you're talking about an oblique View 798 00:35:22,980 --> 00:35:29,640 yeah he he has like a side view yeah 799 00:35:26,460 --> 00:35:29,640 okay yeah 800 00:35:29,940 --> 00:35:35,700 and that that's really why I 801 00:35:32,220 --> 00:35:38,940 um you know requested one one foot as 802 00:35:35,700 --> 00:35:39,900 well I mean I I understand your your 803 00:35:38,940 --> 00:35:43,740 point 804 00:35:39,900 --> 00:35:46,020 um but even with one foot I have like 805 00:35:43,740 --> 00:35:49,020 uh I'm able to do signing like I've done 806 00:35:46,020 --> 00:35:51,180 siding obviously before and I 807 00:35:49,020 --> 00:35:53,040 that's plenty of space for me to get in 808 00:35:51,180 --> 00:35:56,060 through there 809 00:35:53,040 --> 00:35:56,060 um for for that purpose 810 00:35:58,200 --> 00:36:03,960 oh certainly I'm sensitive to views 811 00:36:00,720 --> 00:36:07,920 water views in this community 812 00:36:03,960 --> 00:36:12,720 so I guess I'd revise my opinion 813 00:36:07,920 --> 00:36:15,480 and I would be in favor of a 814 00:36:12,720 --> 00:36:19,320 two two foot 815 00:36:15,480 --> 00:36:20,880 space on either side on each side okay 816 00:36:19,320 --> 00:36:22,800 it wouldn't affect 817 00:36:20,880 --> 00:36:25,680 he would still be able to view yourself 818 00:36:22,800 --> 00:36:28,560 yeah he still has the view I mean if the 819 00:36:25,680 --> 00:36:30,420 shed is going to be like 820 00:36:28,560 --> 00:36:33,000 um it's not like totally out of his view 821 00:36:30,420 --> 00:36:36,660 but the further that it moves to the 822 00:36:33,000 --> 00:36:38,400 right the more of you that he loses 823 00:36:36,660 --> 00:36:40,140 yeah I think I mean I think we've gotten 824 00:36:38,400 --> 00:36:42,780 to the point where it's something that 825 00:36:40,140 --> 00:36:46,040 you can accept it's the minimum that are 826 00:36:42,780 --> 00:36:46,040 playing in zoning administrator 827 00:36:46,079 --> 00:36:50,760 the best or like that was kind of the 828 00:36:48,960 --> 00:36:51,660 bottom line that he uh I think was 829 00:36:50,760 --> 00:36:53,640 trying 830 00:36:51,660 --> 00:36:54,720 app reports 831 00:36:53,640 --> 00:36:56,579 um 832 00:36:54,720 --> 00:36:58,560 so I think if there are no objection go 833 00:36:56,579 --> 00:37:00,119 ahead oh yeah I just want to make sure I 834 00:36:58,560 --> 00:37:03,660 understand so what we're talking about 835 00:37:00,119 --> 00:37:06,839 is a three foot variance uh from both 836 00:37:03,660 --> 00:37:09,300 the uh on the north south side and a 837 00:37:06,839 --> 00:37:12,720 three foot variants on the West Side 838 00:37:09,300 --> 00:37:14,760 weaving two feet between the shed and of 839 00:37:12,720 --> 00:37:16,200 respective property lines yep that's 840 00:37:14,760 --> 00:37:17,820 right 841 00:37:16,200 --> 00:37:19,560 um 842 00:37:17,820 --> 00:37:22,500 I think I think I'm okay with that is 843 00:37:19,560 --> 00:37:24,359 there we are we cool to fine with that 844 00:37:22,500 --> 00:37:28,020 right in that case I think we can just 845 00:37:24,359 --> 00:37:30,480 uh call our deliberations complete 846 00:37:28,020 --> 00:37:31,560 um do I do I have a motion for a vote 847 00:37:30,480 --> 00:37:34,020 are we ready 848 00:37:31,560 --> 00:37:37,339 I'll make a motion for a vote 849 00:37:34,020 --> 00:37:40,200 uh we'll start with uh Mr Doherty 850 00:37:37,339 --> 00:37:44,220 and I thank uh for clarification the 851 00:37:40,200 --> 00:37:47,540 motion for a vote is to request that uh 852 00:37:44,220 --> 00:37:51,420 Council may prepare a draft resolution 853 00:37:47,540 --> 00:37:53,700 uh for you to review and make sure that 854 00:37:51,420 --> 00:37:55,859 back to your views and it'll still give 855 00:37:53,700 --> 00:37:58,140 you the opportunity to modify your views 856 00:37:55,859 --> 00:38:00,660 at any time prior to 857 00:37:58,140 --> 00:38:03,720 every lab resolution 858 00:38:00,660 --> 00:38:09,020 okay sounds good I will make a motion uh 859 00:38:03,720 --> 00:38:09,020 for Council to uh to draft a resolution 860 00:38:09,060 --> 00:38:16,020 um so we uh the board are voting to 861 00:38:13,500 --> 00:38:18,660 approve with conditions a three foot 862 00:38:16,020 --> 00:38:21,660 variance uh to both 863 00:38:18,660 --> 00:38:23,099 um both sides of the uh Shed from the 864 00:38:21,660 --> 00:38:24,300 lot lines 865 00:38:23,099 --> 00:38:26,040 um 866 00:38:24,300 --> 00:38:27,839 how do you find 867 00:38:26,040 --> 00:38:29,339 oh yes 868 00:38:27,839 --> 00:38:33,680 yes 869 00:38:29,339 --> 00:38:36,540 I also uh oh yes so Mr Sussman will 870 00:38:33,680 --> 00:38:38,579 leave this meeting and put that into 871 00:38:36,540 --> 00:38:40,859 legal paperwork and send us for review 872 00:38:38,579 --> 00:38:43,500 yeah right 873 00:38:40,859 --> 00:38:45,359 um and in which case uh we'll get the 874 00:38:43,500 --> 00:38:47,040 sign it'll it'll come back to the board 875 00:38:45,359 --> 00:38:50,839 for approval once we have all the 876 00:38:47,040 --> 00:38:50,839 paperwork we'll sign it and 877 00:38:54,140 --> 00:38:59,960 work has a copy of the photograph 878 00:38:57,480 --> 00:38:59,960 yes 879 00:39:03,240 --> 00:39:05,700 um and if that's all 880 00:39:04,920 --> 00:39:08,339 um 881 00:39:05,700 --> 00:39:10,380 I move we adjourn 882 00:39:08,339 --> 00:39:13,200 I'll stuck in that motion 883 00:39:10,380 --> 00:39:16,820 thank you everybody thank you thank you 884 00:39:13,200 --> 00:39:16,820 okay thank you 885 00:39:20,350 --> 00:39:25,150 [Music] 886 00:39:30,180 --> 00:39:34,320 good job 887 00:39:32,300 --> 00:39:37,489 thank you thanks again 888 00:39:34,320 --> 00:39:37,489 [Music]