[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]