1 00:00:02,040 --> 00:00:04,600 good all right everybody 2 00:00:04,600 --> 00:00:07,319 ready okay uh welcome everyone this is 3 00:00:07,319 --> 00:00:09,040 the call to order of the chesap board of 4 00:00:09,040 --> 00:00:13,240 appeals 7M uh May 1st 2024 uh we begin 5 00:00:13,240 --> 00:00:15,080 as always with a roll call I will 6 00:00:15,080 --> 00:00:16,960 announce name please announce if you're 7 00:00:16,960 --> 00:00:20,119 present uh Mr Rich Richard Burch pres Mr 8 00:00:20,119 --> 00:00:22,320 Paul dhy present Miss Amy Everett 9 00:00:22,320 --> 00:00:25,240 present Mr Steven sharp pres and I am Mr 10 00:00:25,240 --> 00:00:27,880 jod honstar we have a quorum we are also 11 00:00:27,880 --> 00:00:30,759 joined by uh town clerk Sharon hum and 12 00:00:30,759 --> 00:00:33,320 legal council Fred susman uh we have a 13 00:00:33,320 --> 00:00:35,879 couple uh housekeeping items on the 14 00:00:35,879 --> 00:00:38,760 agenda first this morning this evening 15 00:00:38,760 --> 00:00:40,600 um first is to accept some documents 16 00:00:40,600 --> 00:00:43,160 into the record um the board of appeals 17 00:00:43,160 --> 00:00:45,640 is to accept into the record rebuttal 18 00:00:45,640 --> 00:00:47,239 comments from parties of record for case 19 00:00:47,239 --> 00:00:49,960 20233 from rodal Incorporated Donavan 20 00:00:49,960 --> 00:00:53,680 Estates LLC uh for that case um I guess 21 00:00:53,680 --> 00:00:55,760 I will pass it to Sharon for entering 22 00:00:55,760 --> 00:00:57,879 these doc documents into the record is 23 00:00:57,879 --> 00:00:59,760 that how we're doing this okay should 24 00:00:59,760 --> 00:01:02,160 just he need to do we do need to do a 25 00:01:02,160 --> 00:01:06,360 motion to do that Mr do we need to do a 26 00:01:06,360 --> 00:01:09,520 motion to accept those into the record I 27 00:01:09,520 --> 00:01:11,240 think for this one you probably should 28 00:01:11,240 --> 00:01:14,240 okay I will entertain a motion to enter 29 00:01:14,240 --> 00:01:16,119 the uh document submitted to town hall 30 00:01:16,119 --> 00:01:19,310 into the record for case 31 00:01:19,320 --> 00:01:22,000 20233 I will make that motion I have a 32 00:01:22,000 --> 00:01:25,880 second second verification the documents 33 00:01:25,880 --> 00:01:36,710 consist of 34 00:01:36,720 --> 00:01:40,240 a cover memorandum dated May 1st 2024 to 35 00:01:40,240 --> 00:01:43,479 the board of appeals identifying six 36 00:01:43,479 --> 00:01:47,439 sets of rebuttal comments uh from Daniel 37 00:01:47,439 --> 00:01:51,040 dval Goron black welder Kathleen Baro 38 00:01:51,040 --> 00:01:54,200 Eric Bliss on behalf of rod reel hoe 39 00:01:54,200 --> 00:01:56,719 wall and mayor Patrick 40 00:01:56,719 --> 00:01:59,079 Mahone all of those rebuttal comments 41 00:01:59,079 --> 00:02:00,680 are attached to 42 00:02:00,680 --> 00:02:03,159 memorandum you um I believe we had a 43 00:02:03,159 --> 00:02:05,719 second uh all in favor of entering these 44 00:02:05,719 --> 00:02:10,399 documents into the record I right the 45 00:02:10,399 --> 00:02:13,319 motion passes um share we have a copy 46 00:02:13,319 --> 00:02:15,360 and I believe a copy will also be posted 47 00:02:15,360 --> 00:02:19,239 for the public okay uh that done next on 48 00:02:19,239 --> 00:02:21,599 the agenda is the approval of a minutes 49 00:02:21,599 --> 00:02:26,040 from the April 8 2024 case 20241 of 50 00:02:26,040 --> 00:02:28,360 puxin property purchases 51 00:02:28,360 --> 00:02:31,480 LLC um any concerns with the minutes 52 00:02:31,480 --> 00:02:33,400 that anyone 53 00:02:33,400 --> 00:02:36,400 noted heing none uh I'll entertain a 54 00:02:36,400 --> 00:02:38,680 motion to approve these meeting minutes 55 00:02:38,680 --> 00:02:43,680 I will make 10 motion second second in 56 00:02:43,680 --> 00:02:48,400 favor right uh the last bit is to is the 57 00:02:48,400 --> 00:02:51,400 written decision for that same case uh 58 00:02:51,400 --> 00:02:53,760 to review the written interpretation 59 00:02:53,760 --> 00:02:56,360 decision for board of appeals case 2022 60 00:02:56,360 --> 00:02:57,440 or 61 00:02:57,440 --> 00:03:00,440 20241 Tu and property purchasers l C and 62 00:03:00,440 --> 00:03:03,599 if uh my summary is correct the bo uh 63 00:03:03,599 --> 00:03:05,239 the board of appeals denied relief that 64 00:03:05,239 --> 00:03:06,840 would allow two gravel off street 65 00:03:06,840 --> 00:03:09,280 parking spaces the front setback for uh 66 00:03:09,280 --> 00:03:11,799 40111 14th Street I think that was the 67 00:03:11,799 --> 00:03:17,080 gist of that um does anybody have 68 00:03:17,080 --> 00:03:21,470 issues written decision for that 69 00:03:21,480 --> 00:03:25,120 case right hearing none I will entertain 70 00:03:25,120 --> 00:03:27,640 a motion to vote on the written 71 00:03:27,640 --> 00:03:30,599 decision make that motion second I'll 72 00:03:30,599 --> 00:03:33,319 second that all right all in 73 00:03:33,319 --> 00:03:36,239 favor right uh so we are going to vote 74 00:03:36,239 --> 00:03:39,799 on the uh approval of the written 75 00:03:39,799 --> 00:03:42,120 decision that we have in our packets 76 00:03:42,120 --> 00:03:43,840 today and we're sent out via email 77 00:03:43,840 --> 00:03:45,959 earlier I'll just go around the room 78 00:03:45,959 --> 00:03:51,280 answer if uh you vote uh to approve this 79 00:03:51,280 --> 00:03:55,760 um this document uh Mr Richard Burch I 80 00:03:55,760 --> 00:03:58,840 approve PA dhy I approve Miss Amy 81 00:03:58,840 --> 00:04:00,720 Everett I approve 82 00:04:00,720 --> 00:04:02,799 even sharp 83 00:04:02,799 --> 00:04:07,319 approve the um the vote passes we will 84 00:04:07,319 --> 00:04:10,920 sign that document and get it wherever 85 00:04:10,920 --> 00:04:15,120 it needs to go uh okay that is it for me 86 00:04:15,120 --> 00:04:17,000 um at this point in time I will pass it 87 00:04:17,000 --> 00:04:20,440 off to Vice chair Mr Paul dhy to listen 88 00:04:20,440 --> 00:04:23,120 to case 89 00:04:23,120 --> 00:04:25,560 20242 Mr chairman are you recusing 90 00:04:25,560 --> 00:04:27,320 yourself from participation in this case 91 00:04:27,320 --> 00:04:33,909 I am indeed recusing myself thank you 92 00:04:33,919 --> 00:04:37,080 all right our last agenda item is toh 93 00:04:37,080 --> 00:04:46,790 hear um board of appeals case 94 00:04:46,800 --> 00:04:49,720 2024-25 27th 95 00:04:49,720 --> 00:04:53,759 Street um or owners of real property 96 00:04:53,759 --> 00:04:57,600 known as 395 27th Street for variance to 97 00:04:57,600 --> 00:05:00,520 Article 5 section 98 00:05:00,520 --> 00:05:02,080 29-19 99 00:05:02,080 --> 00:05:05,919 a uh dimensional requirements for the um 100 00:05:05,919 --> 00:05:07,440 front 101 00:05:07,440 --> 00:05:09,160 yard 102 00:05:09,160 --> 00:05:11,880 reduction uh and permitted projections 103 00:05:11,880 --> 00:05:15,510 in the required 104 00:05:15,520 --> 00:05:19,199 yards we have done a roll call um so the 105 00:05:19,199 --> 00:05:22,639 order of the uh this presentation will 106 00:05:22,639 --> 00:05:23,680 be 107 00:05:23,680 --> 00:05:26,919 uh incorporation uh into the file and 108 00:05:26,919 --> 00:05:31,830 record provided by staff 109 00:05:31,840 --> 00:05:34,840 which we can I guess we formally we 110 00:05:34,840 --> 00:05:36,280 formally do 111 00:05:36,280 --> 00:05:39,639 that inate the memo from 112 00:05:39,639 --> 00:05:42,319 staff well staff will make a 113 00:05:42,319 --> 00:05:44,440 presentation before before we get there 114 00:05:44,440 --> 00:05:47,199 I think uh the CLK need to advise the 115 00:05:47,199 --> 00:05:52,749 board of compliance with the notice 116 00:05:52,759 --> 00:05:54,919 requirements in the matter of the 117 00:05:54,919 --> 00:05:56,880 application from Michael and Beverly 118 00:05:56,880 --> 00:06:00,440 former 3905 27th Street chese Beach 119 00:06:00,440 --> 00:06:03,919 Maryland Board of Appeals case 202 120 00:06:03,919 --> 00:06:06,479 24-02 I cause to be published in the 121 00:06:06,479 --> 00:06:08,599 southern Maryland News newspaper a 122 00:06:08,599 --> 00:06:12,759 notice of this may 1 2024 public 123 00:06:12,759 --> 00:06:17,680 hearing on April 19th and April 26 124 00:06:17,680 --> 00:06:20,560 2024 notice was provided to the Planning 125 00:06:20,560 --> 00:06:22,720 Commission on April 3rd 126 00:06:22,720 --> 00:06:26,639 2024 on March 28th 2024 notice was 127 00:06:26,639 --> 00:06:28,960 provided by registered mail to the 128 00:06:28,960 --> 00:06:31,479 applicant and adjoining property owners 129 00:06:31,479 --> 00:06:33,400 and the property was posted by the 130 00:06:33,400 --> 00:06:43,670 public works department on April 12th 131 00:06:43,680 --> 00:06:46,680 2024 are there any 132 00:06:46,680 --> 00:06:51,309 comments written comments Madam 133 00:06:51,319 --> 00:06:55,680 clerk yes we have one from Susan Webster 134 00:06:55,680 --> 00:06:59,280 page uh she uh speaks in favor of the 135 00:06:59,280 --> 00:07:02,749 very 136 00:07:02,759 --> 00:07:05,160 all right the uh the next several steps 137 00:07:05,160 --> 00:07:07,199 we will hear from the 138 00:07:07,199 --> 00:07:11,800 partitioner uh then I have testimony of 139 00:07:11,800 --> 00:07:15,000 Staff uh and then public uh testimony if 140 00:07:15,000 --> 00:07:16,759 there is 141 00:07:16,759 --> 00:07:19,280 any uh summary statements 142 00:07:19,280 --> 00:07:21,400 cross-examination summary statements and 143 00:07:21,400 --> 00:07:23,240 the closing of the meeting public 144 00:07:23,240 --> 00:07:30,230 hearing and then deliberations 145 00:07:30,240 --> 00:07:35,790 so the case 146 00:07:35,800 --> 00:07:38,039 summary not sure how much this we need 147 00:07:38,039 --> 00:07:52,909 to 148 00:07:52,919 --> 00:07:56,440 read again the summary I believe is as 149 00:07:56,440 --> 00:08:01,800 we as I uh described it earlier 20 150 00:08:01,800 --> 00:08:04,120 20242 consider an application for 151 00:08:04,120 --> 00:08:06,919 Michael and Beverly Fulmer owners of 152 00:08:06,919 --> 00:08:10,520 real property at 3905 27th Street in 153 00:08:10,520 --> 00:08:13,319 ches big beach for a variance to Article 154 00:08:13,319 --> 00:08:30,029 5 section 155 00:08:30,039 --> 00:08:37,670 into well required yards including side 156 00:08:37,680 --> 00:08:42,360 yards at this point um we will hear from 157 00:08:42,360 --> 00:08:43,760 the 158 00:08:43,760 --> 00:08:48,880 petitioner and do we need to swearing in 159 00:08:48,880 --> 00:08:52,480 yes you can set just raise your right 160 00:08:52,480 --> 00:08:55,560 hand you Solly affirm under the penalty 161 00:08:55,560 --> 00:08:57,160 of perjury that the testimony you're 162 00:08:57,160 --> 00:08:58,880 about to give will be the truth the 163 00:08:58,880 --> 00:09:00,959 whole truth and nothing but the 164 00:09:00,959 --> 00:09:03,640 truth thank 165 00:09:03,640 --> 00:09:06,279 you I let the record reflect that both 166 00:09:06,279 --> 00:09:11,829 Mr and Mrs Fulmer were sworn 167 00:09:11,839 --> 00:09:14,160 in my wife Beverly and I are here to 168 00:09:14,160 --> 00:09:15,800 request a variance to replaced our 169 00:09:15,800 --> 00:09:17,320 existing porch and steps with a new 170 00:09:17,320 --> 00:09:19,959 front porch and steps I've remodeled our 171 00:09:19,959 --> 00:09:22,279 home except for the front porch we 172 00:09:22,279 --> 00:09:24,079 submitted our plans with our original 173 00:09:24,079 --> 00:09:26,160 permit request which was denied due to 174 00:09:26,160 --> 00:09:28,839 encroachment in the required yard areas 175 00:09:28,839 --> 00:09:30,560 we thought that width was the problem at 176 00:09:30,560 --> 00:09:33,120 the time so we had modified our request 177 00:09:33,120 --> 00:09:36,399 for a smaller width front porch um but 178 00:09:36,399 --> 00:09:38,399 we were denied then due to the font 179 00:09:38,399 --> 00:09:41,079 front yard requirements specifically the 180 00:09:41,079 --> 00:09:42,680 side requirements are 8 feet from the 181 00:09:42,680 --> 00:09:44,680 neighbor's property and 15 fet from the 182 00:09:44,680 --> 00:09:47,800 sidewalk our front door our home is 15 183 00:09:47,800 --> 00:09:51,079 feet from the sidewalk um we cannot 184 00:09:51,079 --> 00:09:52,480 replace the porch under these 185 00:09:52,480 --> 00:09:55,360 circumstances because we're not required 186 00:09:55,360 --> 00:09:56,040 we're 187 00:09:56,040 --> 00:09:59,480 not allowed to build in the 15 ft to the 188 00:09:59,480 --> 00:10:03,320 sidewalk so we are requesting a variance 189 00:10:03,320 --> 00:10:07,760 um to increase the lot area for our 190 00:10:07,760 --> 00:10:10,560 front porch and steps um originally we 191 00:10:10,560 --> 00:10:11,440 had 192 00:10:11,440 --> 00:10:15,480 requested um a front porch 21 feet by 193 00:10:15,480 --> 00:10:17,480 six feet that would extend to the width 194 00:10:17,480 --> 00:10:19,399 of the house so very similar to our 195 00:10:19,399 --> 00:10:23,040 neighbors to our left and our right um 196 00:10:23,040 --> 00:10:24,920 but then that was rejected we thought 197 00:10:24,920 --> 00:10:28,200 because of the 15 because of the side 198 00:10:28,200 --> 00:10:31,160 requirements um so then we had uh 199 00:10:31,160 --> 00:10:35,920 submitted a uh I guess a another uh 200 00:10:35,920 --> 00:10:39,000 option uh which was 15 feet width with a 201 00:10:39,000 --> 00:10:43,440 six foot uh coming out from the house um 202 00:10:43,440 --> 00:10:45,760 uh we weren't sure then we were denied 203 00:10:45,760 --> 00:10:48,440 that because of the 15ot requirement um 204 00:10:48,440 --> 00:10:51,200 so then we just re went to if at all 205 00:10:51,200 --> 00:10:53,040 possible just replace the porch that we 206 00:10:53,040 --> 00:10:55,000 had which is quite smaller than the ones 207 00:10:55,000 --> 00:10:57,279 that we're requesting we would like to 208 00:10:57,279 --> 00:10:59,360 have the first option which is to the 209 00:10:59,360 --> 00:11:03,279 width of the house um option um so we're 210 00:11:03,279 --> 00:11:05,040 going to leave it up to the board to I 211 00:11:05,040 --> 00:11:06,839 guess decide what we can do with our 212 00:11:06,839 --> 00:11:10,120 property at this point um our property 213 00:11:10,120 --> 00:11:12,760 our lot is going to be 30 by 100 and it 214 00:11:12,760 --> 00:11:15,000 seems that majority of the houses maybe 215 00:11:15,000 --> 00:11:16,680 not a majority but about 30% of the 216 00:11:16,680 --> 00:11:18,560 houses in the neighborhood have this 15 217 00:11:18,560 --> 00:11:22,040 feet problem um not sure if you 218 00:11:22,040 --> 00:11:27,360 had seen that in the past um or are 219 00:11:27,360 --> 00:11:28,839 thinking about having problems in the 220 00:11:28,839 --> 00:11:30,120 future 221 00:11:30,120 --> 00:11:32,639 um but I'm sure we're not the only ones 222 00:11:32,639 --> 00:11:40,870 who have a problem with this um 223 00:11:40,880 --> 00:11:43,800 requirement do we have any questions 224 00:11:43,800 --> 00:11:45,320 from the 225 00:11:45,320 --> 00:11:48,279 board after the board has questions if 226 00:11:48,279 --> 00:11:50,639 they do I 227 00:11:50,639 --> 00:11:54,829 have I don't have a question at this 228 00:11:54,839 --> 00:11:58,880 time I I have one I have one question um 229 00:11:58,880 --> 00:12:00,639 there there there were several options 230 00:12:00,639 --> 00:12:02,279 that were 231 00:12:02,279 --> 00:12:06,519 proposed and the the depth that you're 232 00:12:06,519 --> 00:12:09,000 proposing in one option I think was six 233 00:12:09,000 --> 00:12:11,519 feet Yes the other option was I believe 234 00:12:11,519 --> 00:12:13,120 it was four and A2 feet yeah but that 235 00:12:13,120 --> 00:12:15,079 did not include the step so I apologize 236 00:12:15,079 --> 00:12:17,480 for putting that air or having that 237 00:12:17,480 --> 00:12:21,120 error in our write up um the front porch 238 00:12:21,120 --> 00:12:24,079 presently is four feet uh and then the 239 00:12:24,079 --> 00:12:27,560 steps come out to about six foot well 240 00:12:27,560 --> 00:12:29,800 six foot total 241 00:12:29,800 --> 00:12:32,279 okay so you say the present porch is 242 00:12:32,279 --> 00:12:36,480 four feet yes and then another and then 243 00:12:36,480 --> 00:12:37,800 the four feet 244 00:12:37,800 --> 00:12:41,079 wide I see the picture and then four 245 00:12:41,079 --> 00:12:43,360 feet in depth the front porch and then 246 00:12:43,360 --> 00:12:45,160 the steps come at the Landing I'd say 247 00:12:45,160 --> 00:12:47,279 and how far out does the do the steps go 248 00:12:47,279 --> 00:12:49,639 to a full six foot yeah you include the 249 00:12:49,639 --> 00:12:51,360 steps include the steps in the landing 250 00:12:51,360 --> 00:12:53,079 it's six 251 00:12:53,079 --> 00:12:54,959 foot so I guess it would leave 252 00:12:54,959 --> 00:12:57,160 approximately 9 ft from the porch 253 00:12:57,160 --> 00:12:59,600 landing and that's the dimensions of 254 00:12:59,600 --> 00:13:04,880 present our present is 4 and a half uh 255 00:13:04,880 --> 00:13:08,079 by six foot with the 256 00:13:08,079 --> 00:13:10,000 steps all right that's that's the only 257 00:13:10,000 --> 00:13:11,199 question presently we do not have any 258 00:13:11,199 --> 00:13:14,480 rails on the porch either so you know we 259 00:13:14,480 --> 00:13:18,680 want to have it safe yeah okay ask a 260 00:13:18,680 --> 00:13:21,839 follow on then so with the two proposals 261 00:13:21,839 --> 00:13:24,040 that you did make six feet and 4 and 1/2 262 00:13:24,040 --> 00:13:26,040 ft they would actually extend what two 263 00:13:26,040 --> 00:13:28,800 more feet out or three more how much the 264 00:13:28,800 --> 00:13:30,839 one with the four put Dimension the 15 265 00:13:30,839 --> 00:13:34,279 by4 that would be actually 15 266 00:13:34,279 --> 00:13:37,560 by6 six being the the step part 267 00:13:37,560 --> 00:13:40,079 including the step that was an error in 268 00:13:40,079 --> 00:13:42,000 our part we should have said I don't 269 00:13:42,000 --> 00:13:44,279 know if we included pictures or not okay 270 00:13:44,279 --> 00:13:46,959 and then the six by 21 foot did that 271 00:13:46,959 --> 00:13:50,560 incorporate steps into that six feet 272 00:13:50,560 --> 00:13:53,560 already 273 00:13:53,560 --> 00:13:56,240 okay so so the only difference between 274 00:13:56,240 --> 00:13:57,959 the two options then is just the width 275 00:13:57,959 --> 00:14:00,600 the the length of the porch exactly you 276 00:14:00,600 --> 00:14:02,240 know if if you have a problem with us 277 00:14:02,240 --> 00:14:04,160 encroaching on the sides because our 278 00:14:04,160 --> 00:14:06,480 house is 3 feet on one side presently 279 00:14:06,480 --> 00:14:08,279 and maybe four or five feet on the other 280 00:14:08,279 --> 00:14:10,600 side um it would come to the edge of the 281 00:14:10,600 --> 00:14:12,720 house it wouldn't encroach past the 282 00:14:12,720 --> 00:14:15,440 house we had a similar situation with a 283 00:14:15,440 --> 00:14:17,639 back porch that we had constructed last 284 00:14:17,639 --> 00:14:19,920 year where we had to ask for a variance 285 00:14:19,920 --> 00:14:21,839 for the width 286 00:14:21,839 --> 00:14:25,870 okay and Council has a 287 00:14:25,880 --> 00:14:28,560 question in reading your materials I saw 288 00:14:28,560 --> 00:14:31,560 something about railings railing part of 289 00:14:31,560 --> 00:14:34,480 this proposal are railings included 290 00:14:34,480 --> 00:14:38,199 within the uh width or depth yes because 291 00:14:38,199 --> 00:14:40,759 they would be uh the porsch and then the 292 00:14:40,759 --> 00:14:42,680 railings would be along the porsch you 293 00:14:42,680 --> 00:14:46,360 know to help to be there for stepping 294 00:14:46,360 --> 00:14:48,360 down off the porch 295 00:14:48,360 --> 00:14:50,720 or or being on the 296 00:14:50,720 --> 00:14:52,279 porch 297 00:14:52,279 --> 00:15:00,320 and the whole width of the uh the of the 298 00:15:00,320 --> 00:15:02,440 uh deck 299 00:15:02,440 --> 00:15:06,839 caller is that four feet deep along the 300 00:15:06,839 --> 00:15:09,240 uh width of the house yeah four feet 301 00:15:09,240 --> 00:15:14,440 deep plus uh landing and steps that go 302 00:15:14,440 --> 00:15:16,920 six 303 00:15:16,920 --> 00:15:19,399 yes thank you for the clarification oh 304 00:15:19,399 --> 00:15:21,040 sure but if we um you know whichever 305 00:15:21,040 --> 00:15:23,040 option that you all approve of course we 306 00:15:23,040 --> 00:15:26,120 would prefer the wider one um but it's 307 00:15:26,120 --> 00:15:27,639 you know whatever you approve for us 308 00:15:27,639 --> 00:15:29,959 we're willing to accept we just we want 309 00:15:29,959 --> 00:15:31,800 to get going finish this it's been a 310 00:15:31,800 --> 00:15:35,389 long 311 00:15:35,399 --> 00:15:37,920 process are there any other questions 312 00:15:37,920 --> 00:15:41,040 from from the panel from the uh board or 313 00:15:41,040 --> 00:15:43,470 the 314 00:15:43,480 --> 00:15:46,880 council uh at this time we'll hear from 315 00:15:46,880 --> 00:15:51,269 uh uh 316 00:15:51,279 --> 00:15:55,040 staff thank you um so Michael and 317 00:15:55,040 --> 00:15:57,639 Beverly Fulmer requested the permit um 318 00:15:57,639 --> 00:15:59,519 as they described 319 00:15:59,519 --> 00:16:02,399 um and 320 00:16:02,399 --> 00:16:04,880 initially there is a there is a 321 00:16:04,880 --> 00:16:07,759 provision in the code that allows an 322 00:16:07,759 --> 00:16:09,519 encroachment into the front yard setback 323 00:16:09,519 --> 00:16:11,279 if your neighbors are encroached into 324 00:16:11,279 --> 00:16:14,120 the front yard I'm not loud 325 00:16:14,120 --> 00:16:17,160 enough if you can speak into the Bic yes 326 00:16:17,160 --> 00:16:18,800 so there's a there's a provision in the 327 00:16:18,800 --> 00:16:20,440 code that allows you to encroach into 328 00:16:20,440 --> 00:16:22,120 your front yard setback if either of 329 00:16:22,120 --> 00:16:24,639 your side neighbors are encroaching into 330 00:16:24,639 --> 00:16:27,120 the front yard setback um and we did try 331 00:16:27,120 --> 00:16:29,880 to apply that but but we're unable to so 332 00:16:29,880 --> 00:16:31,279 that just so you understand why there's 333 00:16:31,279 --> 00:16:33,759 the two option how the two options got 334 00:16:33,759 --> 00:16:39,480 generated um the property is at 3905 335 00:16:39,480 --> 00:16:41,399 27th Street it's a pre-existing 336 00:16:41,399 --> 00:16:44,519 non-conforming lot um and the lot is 337 00:16:44,519 --> 00:16:47,079 about 3,000 square feet where your 338 00:16:47,079 --> 00:16:50,759 minimum lot size is 7500 square feet um 339 00:16:50,759 --> 00:16:53,600 this means that it is very narrow about 340 00:16:53,600 --> 00:16:57,440 30t wide and 100t deep so either 341 00:16:57,440 --> 00:16:59,360 proposed deck can be 342 00:16:59,360 --> 00:17:01,920 constructed in a way that still meets 343 00:17:01,920 --> 00:17:04,439 minimum or is still underneath the 344 00:17:04,439 --> 00:17:07,280 maximum lot coverage and creates 345 00:17:07,280 --> 00:17:10,470 impervious 346 00:17:10,480 --> 00:17:12,640 surfaces in looking at this there's a 347 00:17:12,640 --> 00:17:14,280 few relevant sections of the zoning 348 00:17:14,280 --> 00:17:16,039 ordinance 349 00:17:16,039 --> 00:17:19,959 20290 d9a sets lot size and setbacks and 350 00:17:19,959 --> 00:17:22,240 this is where we get into the first 351 00:17:22,240 --> 00:17:25,000 piece which is the encroachment into the 352 00:17:25,000 --> 00:17:31,240 front and side yards um in option number 353 00:17:31,240 --> 00:17:34,120 one they would need a variance of six 354 00:17:34,120 --> 00:17:37,240 feet into the front yard set 355 00:17:37,240 --> 00:17:41,039 back and the side setbacks of 6 inches 356 00:17:41,039 --> 00:17:42,880 on the west side and two feet on the 357 00:17:42,880 --> 00:17:46,039 East Side in option 358 00:17:46,039 --> 00:17:50,160 two it would just need a variance for 359 00:17:50,160 --> 00:17:53,160 the front yard setback which is 4 feet 6 360 00:17:53,160 --> 00:17:54,919 in in the front yard set back and this 361 00:17:54,919 --> 00:17:56,919 is the difference between the 362 00:17:56,919 --> 00:17:59,720 deck going along the full edge of the 363 00:17:59,720 --> 00:18:03,880 house versus the deck being slightly 364 00:18:03,880 --> 00:18:07,120 narrower section 29 365 00:18:07,120 --> 00:18:09,400 299d is the part I was talking about 366 00:18:09,400 --> 00:18:11,080 that allows exceptions for 367 00:18:11,080 --> 00:18:13,760 non-conforming Lots if their neighboring 368 00:18:13,760 --> 00:18:16,360 houses have 369 00:18:16,360 --> 00:18:18,559 um or sorry it allows for the 370 00:18:18,559 --> 00:18:20,320 construction of single family dwellings 371 00:18:20,320 --> 00:18:21,679 so we can't apply that because it's not 372 00:18:21,679 --> 00:18:25,080 a single family dwelling it's a deck um 373 00:18:25,080 --> 00:18:27,760 and so the setbacks still apply so it's 374 00:18:27,760 --> 00:18:30,520 2909 e that allows to reduce the front 375 00:18:30,520 --> 00:18:33,840 yard setbacks for buildings based on the 376 00:18:33,840 --> 00:18:36,440 average of the properties on either side 377 00:18:36,440 --> 00:18:38,720 although the two lots to the east of the 378 00:18:38,720 --> 00:18:42,840 fer lot encroach into the front setback 379 00:18:42,840 --> 00:18:46,760 the one lot to the West does not and 380 00:18:46,760 --> 00:18:49,280 because the way the code is written you 381 00:18:49,280 --> 00:18:53,120 have to average either side of them um 382 00:18:53,120 --> 00:18:57,039 they weren't able to encroach under that 383 00:18:57,039 --> 00:18:59,400 regulation so and 384 00:18:59,400 --> 00:19:02,080 2919 f it limits the size of a deck in 385 00:19:02,080 --> 00:19:05,440 the front yard setback to 35 square ft 386 00:19:05,440 --> 00:19:09,120 or less um because the requested porch 387 00:19:09,120 --> 00:19:12,240 is larger than that it would need a 388 00:19:12,240 --> 00:19:15,080 variance if it was to be allowed so they 389 00:19:15,080 --> 00:19:16,559 can there's a couple of different 390 00:19:16,559 --> 00:19:18,039 numbers there's a couple of different 391 00:19:18,039 --> 00:19:19,760 options and I don't want to confuse 392 00:19:19,760 --> 00:19:21,679 Everyone by reading them all 393 00:19:21,679 --> 00:19:28,960 off um so in 29019 G that allows um the 394 00:19:28,960 --> 00:19:32,080 deck to encroach into side yard setbacks 395 00:19:32,080 --> 00:19:34,679 as long as you maintain a five foot side 396 00:19:34,679 --> 00:19:36,960 yard setback so those are all the 397 00:19:36,960 --> 00:19:38,200 relevant 398 00:19:38,200 --> 00:19:45,440 pieces of the um code so to look at them 399 00:19:45,440 --> 00:19:48,480 in um consideration of variance 400 00:19:48,480 --> 00:19:53,039 standards we see that this 401 00:19:53,039 --> 00:19:55,159 variance it has extenuating 402 00:19:55,159 --> 00:19:57,360 circumstances there's pre-existing the 403 00:19:57,360 --> 00:20:00,280 pre-existing front setback of the house 404 00:20:00,280 --> 00:20:01,520 there's the condition that three out of 405 00:20:01,520 --> 00:20:04,400 four houses on the Block have a smaller 406 00:20:04,400 --> 00:20:08,320 setback than for their porches than this 407 00:20:08,320 --> 00:20:10,520 one so they're encroaching into the 15 408 00:20:10,520 --> 00:20:13,720 ft so those are unusual conditions then 409 00:20:13,720 --> 00:20:17,159 when we go under to conditions um with 410 00:20:17,159 --> 00:20:18,360 the granting of the variants being in 411 00:20:18,360 --> 00:20:20,360 harmony with the general purpose and 412 00:20:20,360 --> 00:20:22,080 intent of the chapter and not injures to 413 00:20:22,080 --> 00:20:23,720 the neighborhood or detrimental to 414 00:20:23,720 --> 00:20:24,520 Public 415 00:20:24,520 --> 00:20:27,440 Welfare um in this case the porch would 416 00:20:27,440 --> 00:20:29,280 really be detrimental if it was coming 417 00:20:29,280 --> 00:20:30,640 right up to the street or if it was 418 00:20:30,640 --> 00:20:32,919 impacting storm water runoff because it 419 00:20:32,919 --> 00:20:36,240 can be um installed with spaces in 420 00:20:36,240 --> 00:20:38,159 between the boards or other mitigations 421 00:20:38,159 --> 00:20:40,679 and because it's very small it won't 422 00:20:40,679 --> 00:20:42,720 have a negative impact on storm water 423 00:20:42,720 --> 00:20:45,799 runoff um additionally because this is a 424 00:20:45,799 --> 00:20:47,640 front yard deck and because the filmers 425 00:20:47,640 --> 00:20:50,039 are asking for enough space to sit on 426 00:20:50,039 --> 00:20:52,039 their front yard deck it actually 427 00:20:52,039 --> 00:20:54,559 improves the neighborhood by allowing 428 00:20:54,559 --> 00:20:56,679 them to sit on their deck and interact 429 00:20:56,679 --> 00:20:58,679 with their neighbors uh which is 430 00:20:58,679 --> 00:21:02,400 something that is supported in the 431 00:21:02,400 --> 00:21:05,320 code the granting of the variants does 432 00:21:05,320 --> 00:21:08,200 not permit anything that's not generally 433 00:21:08,200 --> 00:21:10,279 allowed in the 434 00:21:10,279 --> 00:21:12,240 district with regard to special 435 00:21:12,240 --> 00:21:13,840 circumstances or conditions fully 436 00:21:13,840 --> 00:21:15,799 described um I'm going to come to the 437 00:21:15,799 --> 00:21:17,559 end of this that say that the strict 438 00:21:17,559 --> 00:21:19,000 interpretation and the provisions of 439 00:21:19,000 --> 00:21:20,520 this chapter would deprive the applicant 440 00:21:20,520 --> 00:21:22,679 of reasonable use of such land or 441 00:21:22,679 --> 00:21:25,679 buildings um the strict interpretations 442 00:21:25,679 --> 00:21:27,039 don't deprive the applicant of 443 00:21:27,039 --> 00:21:28,720 reasonable use of land or buildings but 444 00:21:28,720 --> 00:21:30,039 they do deny the residents the 445 00:21:30,039 --> 00:21:31,880 opportunity for social interaction and 446 00:21:31,880 --> 00:21:33,360 Community 447 00:21:33,360 --> 00:21:35,159 Connection 448 00:21:35,159 --> 00:21:38,440 um in the next question is is there an 449 00:21:38,440 --> 00:21:42,360 unnecessary hardship and the proximity 450 00:21:42,360 --> 00:21:44,400 of non-conforming house to the front of 451 00:21:44,400 --> 00:21:47,320 the property has eliminated that 452 00:21:47,320 --> 00:21:49,760 possibility of the front year porch the 453 00:21:49,760 --> 00:21:52,640 neighborhood around their home contains 454 00:21:52,640 --> 00:21:56,440 similar non-conforming front setbacks 455 00:21:56,440 --> 00:21:59,200 so they are exper experiencing a 456 00:21:59,200 --> 00:22:01,760 hardship compared to their neighbors 457 00:22:01,760 --> 00:22:03,960 because their decks were there first 458 00:22:03,960 --> 00:22:05,720 before the 459 00:22:05,720 --> 00:22:09,120 Cod is the granting the granting of the 460 00:22:09,120 --> 00:22:11,559 variance necessary for Reon use of land 461 00:22:11,559 --> 00:22:13,279 or the building granted with the board 462 00:22:13,279 --> 00:22:15,360 is the minimum variance that will 463 00:22:15,360 --> 00:22:16,720 accomplish this 464 00:22:16,720 --> 00:22:19,440 purpose um and this is where we get into 465 00:22:19,440 --> 00:22:23,600 the different options so option 466 00:22:23,600 --> 00:22:27,600 one is going into your both your front 467 00:22:27,600 --> 00:22:29,320 and your side yard back so it's a little 468 00:22:29,320 --> 00:22:32,440 more option two is a smaller more 469 00:22:32,440 --> 00:22:35,200 minimum variance um because it's not 470 00:22:35,200 --> 00:22:36,600 going into the side 471 00:22:36,600 --> 00:22:39,440 setbacks so option one is larger than 472 00:22:39,440 --> 00:22:40,640 option 473 00:22:40,640 --> 00:22:43,120 two I'm going to say some more about 474 00:22:43,120 --> 00:22:45,960 that after we evaluate the critical area 475 00:22:45,960 --> 00:22:48,360 um because if you think about the visual 476 00:22:48,360 --> 00:22:49,600 character of the 477 00:22:49,600 --> 00:22:51,320 neighborhood 478 00:22:51,320 --> 00:22:54,320 um the the width 479 00:22:54,320 --> 00:22:57,120 matters so with regard to critical area 480 00:22:57,120 --> 00:22:58,720 because this is in the critical area we 481 00:22:58,720 --> 00:23:02,720 have to consider um a few other factors 482 00:23:02,720 --> 00:23:05,159 uh which is is there an unwarranted 483 00:23:05,159 --> 00:23:07,240 hardship that the applicant would be 484 00:23:07,240 --> 00:23:09,120 deprived of reasonable or significant 485 00:23:09,120 --> 00:23:13,279 use of the parcel or lot without this 486 00:23:13,279 --> 00:23:17,559 request um so we you the applicant would 487 00:23:17,559 --> 00:23:19,039 still have reasonable use of the 488 00:23:19,039 --> 00:23:21,919 property but they lose that Community 489 00:23:21,919 --> 00:23:23,880 Connection and 490 00:23:23,880 --> 00:23:26,679 because this deck isn't impacting the 491 00:23:26,679 --> 00:23:28,880 critical area elements through storm 492 00:23:28,880 --> 00:23:31,799 water because it can be considered 493 00:23:31,799 --> 00:23:33,880 pervious surface through slots in the 494 00:23:33,880 --> 00:23:36,679 deck um it doesn't this section doesn't 495 00:23:36,679 --> 00:23:38,559 have to apply to 496 00:23:38,559 --> 00:23:42,600 it um the Lal interpretation of the 497 00:23:42,600 --> 00:23:44,080 critical area 498 00:23:44,080 --> 00:23:46,559 program dep would deprive the applicants 499 00:23:46,559 --> 00:23:48,520 of the rights commonly enjoyed by other 500 00:23:48,520 --> 00:23:50,679 properties in similar areas within the 501 00:23:50,679 --> 00:23:53,600 critical area district and this would 502 00:23:53,600 --> 00:23:56,200 because even their neighbors have this 503 00:23:56,200 --> 00:23:59,799 ability to be on their front porch um um 504 00:23:59,799 --> 00:24:00,799 that the granting of the variance 505 00:24:00,799 --> 00:24:03,320 doesn't confer any special privileges it 506 00:24:03,320 --> 00:24:05,880 does not confer any special privileges 507 00:24:05,880 --> 00:24:07,320 and that the granting of the variance 508 00:24:07,320 --> 00:24:10,000 doesn't adversely affect water quality 509 00:24:10,000 --> 00:24:12,559 um even if the porch was impervious 510 00:24:12,559 --> 00:24:14,760 surface it is a very small porch and it 511 00:24:14,760 --> 00:24:17,400 can be easily mitigated storm water but 512 00:24:17,400 --> 00:24:19,880 it it can also be constructed with gaps 513 00:24:19,880 --> 00:24:22,159 and not be considered impervious 514 00:24:22,159 --> 00:24:27,520 surface all of that is to say that this variance request meets all of your 515 00:24:27,520 --> 00:24:31,070 variance standards 516 00:24:31,080 --> 00:24:32,480 in in 517 00:24:32,480 --> 00:24:37,000 conclusion we staff recommends that you 518 00:24:37,000 --> 00:24:40,480 provide a variance to the property owner 519 00:24:40,480 --> 00:24:43,440 um what we were recommending is that or 520 00:24:43,440 --> 00:24:45,520 what I'm recommending is that you not 521 00:24:45,520 --> 00:24:48,600 give option one or option two but a 522 00:24:48,600 --> 00:24:53,000 third option which is to allow the porch 523 00:24:53,000 --> 00:24:55,279 to enter into the side setbacks and Go 524 00:24:55,279 --> 00:24:57,159 the whole length of the front build of 525 00:24:57,159 --> 00:25:00,039 the building but not come out quite as 526 00:25:00,039 --> 00:25:01,760 far as their initial 527 00:25:01,760 --> 00:25:04,640 request is my understanding now that 528 00:25:04,640 --> 00:25:06,120 they needed to come out a little further 529 00:25:06,120 --> 00:25:07,120 for the 530 00:25:07,120 --> 00:25:12,120 steps um so I can I can try and do some 531 00:25:12,120 --> 00:25:15,320 quick math and phrase that for y'all I 532 00:25:15,320 --> 00:25:18,159 can do do some quick math as to how that 533 00:25:18,159 --> 00:25:20,600 would look but I think one of the 534 00:25:20,600 --> 00:25:23,000 questions for yall to consider is are 535 00:25:23,000 --> 00:25:27,039 the steps going to be the full length or 536 00:25:27,039 --> 00:25:30,799 are they going to be a small small 537 00:25:30,799 --> 00:25:34,360 entrance um as to how you're going to 538 00:25:34,360 --> 00:25:36,480 grant that variance because when we go 539 00:25:36,480 --> 00:25:38,960 to option 540 00:25:38,960 --> 00:25:42,440 number hold on a 541 00:25:42,440 --> 00:25:44,320 second option 542 00:25:44,320 --> 00:25:49,600 number one we're encroaching 543 00:25:49,600 --> 00:25:52,520 into the side setback I got to go back 544 00:25:52,520 --> 00:25:56,230 and find 545 00:25:56,240 --> 00:25:59,120 it I don't is she allowed I don't know 546 00:25:59,120 --> 00:26:05,880 she's allowed sorry um in option number 547 00:26:05,880 --> 00:26:09,000 one we're going six feet into the front 548 00:26:09,000 --> 00:26:10,600 setback and in option number two we're 549 00:26:10,600 --> 00:26:12,279 only going four and a half feet into the 550 00:26:12,279 --> 00:26:15,080 front setback the board can 551 00:26:15,080 --> 00:26:18,080 choose to allow can choose to allow 552 00:26:18,080 --> 00:26:21,000 option number one or it can choose to 553 00:26:21,000 --> 00:26:23,000 allow this option number three that I 554 00:26:23,000 --> 00:26:24,279 provided 555 00:26:24,279 --> 00:26:29,399 you and additionally allow the stairs to 556 00:26:29,399 --> 00:26:33,480 encroach 3 feet you know we can say how 557 00:26:33,480 --> 00:26:35,600 wide would we want the stairs you would 558 00:26:35,600 --> 00:26:37,919 we allow the stairs to be they can go 559 00:26:37,919 --> 00:26:40,320 three foot feet in and this wide you 560 00:26:40,320 --> 00:26:44,389 guys can add that to your 561 00:26:44,399 --> 00:26:46,360 decision 562 00:26:46,360 --> 00:26:49,120 um have I covered every there's a couple 563 00:26:49,120 --> 00:26:51,120 of other sections they requesting 564 00:26:51,120 --> 00:26:54,320 variances to but if you provide it to 565 00:26:54,320 --> 00:26:57,600 the front um if you just provide the 566 00:26:57,600 --> 00:27:00,200 variance to 29019 that will cover 567 00:27:00,200 --> 00:27:01,320 everything and you don't need to provide 568 00:27:01,320 --> 00:27:05,510 the other 569 00:27:05,520 --> 00:27:08,600 variances all right thank you okay uh 570 00:27:08,600 --> 00:27:10,919 any questions Miss 571 00:27:10,919 --> 00:27:14,990 Franklin the from the 572 00:27:15,000 --> 00:27:19,320 board and the applicant had a question 573 00:27:19,320 --> 00:27:21,480 Sor we just want to let you know it is 574 00:27:21,480 --> 00:27:24,120 going to be a small entrance that was 575 00:27:24,120 --> 00:27:26,880 the original attent the steps are not 576 00:27:26,880 --> 00:27:29,760 going to com out the door and 577 00:27:29,760 --> 00:27:33,320 down and and how wide do you anticipate 578 00:27:33,320 --> 00:27:37,440 the steps will be I I guess pretty 579 00:27:37,440 --> 00:27:39,100 much on the 580 00:27:39,100 --> 00:27:54,269 [Music] 581 00:27:54,279 --> 00:28:00,830 plans look up 582 00:28:00,840 --> 00:28:02,080 would 583 00:28:02,080 --> 00:28:05,679 be where we presently have was it four 584 00:28:05,679 --> 00:28:08,320 and a half fet out the door we have 585 00:28:08,320 --> 00:28:10,840 presently have that Landing it wouldn't 586 00:28:10,840 --> 00:28:12,760 extend it's not going to extend it's 587 00:28:12,760 --> 00:28:14,440 just going to come out the door probably 588 00:28:14,440 --> 00:28:16,480 about a 4 foot width and come down to 589 00:28:16,480 --> 00:28:20,120 the sidewalk so we're not we're not 590 00:28:20,120 --> 00:28:22,159 planning on steps out of the whole 591 00:28:22,159 --> 00:28:26,519 farewell steps yeah sorry how high is 592 00:28:26,519 --> 00:28:28,840 this front porch going to to be like I'm 593 00:28:28,840 --> 00:28:30,240 just wondering how many steps does it 594 00:28:30,240 --> 00:28:32,000 require because each step is an extra 595 00:28:32,000 --> 00:28:33,559 foot correct I think presently we have 596 00:28:33,559 --> 00:28:35,960 two steps and then the landing that's 597 00:28:35,960 --> 00:28:37,200 what we're gonna do and it's gonna be at 598 00:28:37,200 --> 00:28:39,360 the exact same height yes okay so this 599 00:28:39,360 --> 00:28:41,600 is kind of like a ground level yes front 600 00:28:41,600 --> 00:28:43,159 porch not a 601 00:28:43,159 --> 00:28:47,039 de porch we call it a porch okay that 602 00:28:47,039 --> 00:28:48,480 makes a difference with how much it 603 00:28:48,480 --> 00:28:51,240 would then but out 604 00:28:51,240 --> 00:28:54,279 so so you were saying when you can I ask 605 00:28:54,279 --> 00:28:59,039 a question now so in this back and forth 606 00:28:59,039 --> 00:29:02,000 so the first ask was the length of the 607 00:29:02,000 --> 00:29:05,519 house 6 feet out including the steps 608 00:29:05,519 --> 00:29:07,960 correct and then the second one was 609 00:29:07,960 --> 00:29:10,960 shorter or was was shorter but the steps 610 00:29:10,960 --> 00:29:12,799 buted out and it didn't include the 611 00:29:12,799 --> 00:29:14,600 steps okay so do the 612 00:29:14,600 --> 00:29:17,440 steps are you walking up two steps and 613 00:29:17,440 --> 00:29:21,080 on the side it's graduating up to the or 614 00:29:21,080 --> 00:29:22,760 a sidewalk comes up you would walk up 615 00:29:22,760 --> 00:29:24,240 two steps then you're on the landing and 616 00:29:24,240 --> 00:29:26,279 that's our front door we've always had a 617 00:29:26,279 --> 00:29:28,559 small entrance no matter the length of 618 00:29:28,559 --> 00:29:30,240 the house was going to be it's always 619 00:29:30,240 --> 00:29:33,120 going to be the same small entrance yeah 620 00:29:33,120 --> 00:29:34,440 we were never going to have the the 621 00:29:34,440 --> 00:29:41,909 steps go across the 622 00:29:41,919 --> 00:29:44,640 side also extend 623 00:29:44,640 --> 00:29:47,200 the the porch out yeah I'm just trying 624 00:29:47,200 --> 00:29:49,640 to figure out how it comes out six 625 00:29:49,640 --> 00:29:53,830 feet anybody else confused by 626 00:29:53,840 --> 00:29:56,880 that right we should have worded it that 627 00:29:56,880 --> 00:29:59,519 way on both of the thank you documents 628 00:29:59,519 --> 00:30:01,240 right but to the left and right of the 629 00:30:01,240 --> 00:30:04,799 steps the first one asks for six feet 630 00:30:04,799 --> 00:30:07,880 out you see we were asking for the full 631 00:30:07,880 --> 00:30:09,440 length of the house and the other one 632 00:30:09,440 --> 00:30:11,240 was the half length and then but she's 633 00:30:11,240 --> 00:30:14,240 talking about the sorry I'm just trying 634 00:30:14,240 --> 00:30:16,159 to actually picture I'm confusing just 635 00:30:16,159 --> 00:30:17,919 making sure it's not six and eight you I 636 00:30:17,919 --> 00:30:19,640 don't know I guess that's included I'll 637 00:30:19,640 --> 00:30:21,519 just take it as six so 638 00:30:21,519 --> 00:30:24,279 okay I believe if I understand correctly 639 00:30:24,279 --> 00:30:26,360 the steps and both options would be the 640 00:30:26,360 --> 00:30:31,240 same yes same width same yes same 641 00:30:31,240 --> 00:30:34,120 length did I understand you mentioned 642 00:30:34,120 --> 00:30:36,000 another option was to have the side 643 00:30:36,000 --> 00:30:40,399 steps that I I Envision in that no so um 644 00:30:40,399 --> 00:30:43,279 so because what we were trying to do 645 00:30:43,279 --> 00:30:46,600 was make the codes exception for front 646 00:30:46,600 --> 00:30:48,279 yards work for them so they didn't have 647 00:30:48,279 --> 00:30:49,840 to go through the lengthy 648 00:30:49,840 --> 00:30:52,960 process we tried say what happens if we 649 00:30:52,960 --> 00:30:56,039 reduce the sidey yards rate um but 650 00:30:56,039 --> 00:30:58,360 because of that one neighbor with the 651 00:30:58,360 --> 00:31:01,039 big front setback we couldn't apply that 652 00:31:01,039 --> 00:31:04,039 I think for their use and for the look 653 00:31:04,039 --> 00:31:06,720 of the street and how the other porches 654 00:31:06,720 --> 00:31:09,120 are that it makes sense to allow the 655 00:31:09,120 --> 00:31:13,509 encroachment into the side yard 656 00:31:13,519 --> 00:31:16,880 setbacks in your scenario 657 00:31:16,880 --> 00:31:20,840 the porch itself the for the width or 658 00:31:20,840 --> 00:31:23,760 length of the house would be four 659 00:31:23,760 --> 00:31:26,320 feet and then the steps would be another 660 00:31:26,320 --> 00:31:29,600 two feet yeah four and a half feet four 661 00:31:29,600 --> 00:31:32,480 and a half feet um and so I think if I 662 00:31:32,480 --> 00:31:34,840 mean I can read in what option three is 663 00:31:34,840 --> 00:31:37,559 for you all but just if you accept 664 00:31:37,559 --> 00:31:41,440 option three and then also allow you 665 00:31:41,440 --> 00:31:45,000 know 3 feet by four feet for the 666 00:31:45,000 --> 00:31:47,399 stairs I I think rather than talking 667 00:31:47,399 --> 00:31:50,159 about options the board should consider 668 00:31:50,159 --> 00:31:52,919 what does it feel is reasonable in terms 669 00:31:52,919 --> 00:31:57,399 of a width and in terms of a depth right 670 00:31:57,399 --> 00:32:01,440 seems like uh in options one and three 671 00:32:01,440 --> 00:32:05,559 the width of the uh porch is the same as 672 00:32:05,559 --> 00:32:06,880 4 673 00:32:06,880 --> 00:32:09,799 feet the depth so the the depth the 674 00:32:09,799 --> 00:32:13,120 depth is is it sounds like um the 675 00:32:13,120 --> 00:32:16,039 intention of option one was also 4 and a 676 00:32:16,039 --> 00:32:19,960 half foot so that the the porch deck is 677 00:32:19,960 --> 00:32:21,760 always a depth of four and a half feet 678 00:32:21,760 --> 00:32:25,320 it's actually steps that are encroaching 679 00:32:25,320 --> 00:32:27,440 that extra little bit I don't know if 680 00:32:27,440 --> 00:32:30,679 that's correct but I think okay oh see 681 00:32:30,679 --> 00:32:37,789 that makes more sense to me then I 682 00:32:37,799 --> 00:32:40,919 was so yeah option number one is 683 00:32:40,919 --> 00:32:42,480 probably fine because it's smaller than 684 00:32:42,480 --> 00:32:45,039 I measured it to 685 00:32:45,039 --> 00:32:48,000 be are there any other comments um I 686 00:32:48,000 --> 00:32:52,350 might have a question hang on one 687 00:32:52,360 --> 00:32:55,039 second 688 00:32:55,039 --> 00:32:58,519 so you actually brought up the option 689 00:32:58,519 --> 00:33:01,480 three but now it sounds like option 690 00:33:01,480 --> 00:33:04,200 three is actually option one yes so 691 00:33:04,200 --> 00:33:06,080 we're really just choosing between two 692 00:33:06,080 --> 00:33:08,960 if we want to choose either or whatever 693 00:33:08,960 --> 00:33:10,480 right 694 00:33:10,480 --> 00:33:12,420 okay thank you 695 00:33:12,420 --> 00:33:16,360 [Laughter] 696 00:33:16,360 --> 00:33:18,760 sorry Franklin you have a written staff 697 00:33:18,760 --> 00:33:21,360 report don't you I do and I have it's 698 00:33:21,360 --> 00:33:22,720 got all the different options all the 699 00:33:22,720 --> 00:33:24,279 different numbers I realize that all I'm 700 00:33:24,279 --> 00:33:26,039 saying is let's make sure that's made 701 00:33:26,039 --> 00:33:28,200 part of the record 702 00:33:28,200 --> 00:33:31,200 as well as the entire application 703 00:33:31,200 --> 00:33:35,039 package yes because when I calculated 704 00:33:35,039 --> 00:33:37,399 everything in option one I was counting 705 00:33:37,399 --> 00:33:41,399 the whole area as being the deck but 706 00:33:41,399 --> 00:33:43,159 what we're hearing is that it's actually 707 00:33:43,159 --> 00:33:47,000 only this the the stairs in that Beyond 708 00:33:47,000 --> 00:33:49,639 four and a half feet so I think option 709 00:33:49,639 --> 00:33:51,399 three is really what the applicant was 710 00:33:51,399 --> 00:33:56,230 asking for an option 711 00:33:56,240 --> 00:33:59,440 one all right at this point uh we would 712 00:33:59,440 --> 00:34:02,440 open it to public comment um I see no 713 00:34:02,440 --> 00:34:05,240 one in the audience and no one has Comm 714 00:34:05,240 --> 00:34:09,879 in to sign in uh to uh provide comment 715 00:34:09,879 --> 00:34:12,560 we do have one written comment should I 716 00:34:12,560 --> 00:34:17,389 read that into the 717 00:34:17,399 --> 00:34:19,760 record I believe it's been accepted into 718 00:34:19,760 --> 00:34:24,149 the record 719 00:34:24,159 --> 00:34:27,760 okay all right hearing no more public 720 00:34:27,760 --> 00:34:30,159 comments uh we will close the public 721 00:34:30,159 --> 00:34:35,159 comment section of this uh 722 00:34:35,159 --> 00:34:38,669 hearing 723 00:34:38,679 --> 00:34:41,960 um now at this point 724 00:34:41,960 --> 00:34:48,470 um I guess we will go into 725 00:34:48,480 --> 00:34:59,390 deliberation comments from the board 726 00:34:59,400 --> 00:35:00,800 like there's actually agreement between 727 00:35:00,800 --> 00:35:02,560 the parties I don't think there's that 728 00:35:02,560 --> 00:35:05,520 much to discuss well unless we have 729 00:35:05,520 --> 00:35:08,040 disagreements with that but I mean my 730 00:35:08,040 --> 00:35:10,880 person my personal feeling is that 731 00:35:10,880 --> 00:35:13,920 um a deck of the full length of the 732 00:35:13,920 --> 00:35:15,680 house was 733 00:35:15,680 --> 00:35:17,200 reasonable 734 00:35:17,200 --> 00:35:21,160 and as far as the depth as you 735 00:35:21,160 --> 00:35:24,520 described six feet total including the 736 00:35:24,520 --> 00:35:27,040 steps which would make the deck itself 737 00:35:27,040 --> 00:35:29,160 approximately four four and a half fet 738 00:35:29,160 --> 00:35:32,640 in depth I think that's reasonable as 739 00:35:32,640 --> 00:35:35,560 well yeah from the paperwork it seems 740 00:35:35,560 --> 00:35:38,119 like it'll truly be six and a half with 741 00:35:38,119 --> 00:35:40,520 the steps from what you have now that's 742 00:35:40,520 --> 00:35:43,960 what an exhibit in there three so is 743 00:35:43,960 --> 00:35:45,760 currently like six by six and a half or 744 00:35:45,760 --> 00:35:47,640 something like that I just want to make 745 00:35:47,640 --> 00:35:49,240 sure that there's that 746 00:35:49,240 --> 00:35:53,079 like buffer in case those stairs come 747 00:35:53,079 --> 00:35:54,839 out like we I think we should decide is 748 00:35:54,839 --> 00:36:00,319 it six is it six and a half what not if we do that does that make any sense I 749 00:36:00,319 --> 00:36:03,910 can show you 750 00:36:03,920 --> 00:36:06,880 which like we're saying 6 feet but if 751 00:36:06,880 --> 00:36:09,400 you look at in the middle of the packet 752 00:36:09,400 --> 00:36:11,040 exhibit 753 00:36:11,040 --> 00:36:13,920 three was to replace current landan 754 00:36:13,920 --> 00:36:16,720 steps with same footprint six feet wide 755 00:36:16,720 --> 00:36:19,960 and 6 feet 3 in in length which includes 756 00:36:19,960 --> 00:36:23,800 the steps I think it's only 3 in I don't 757 00:36:23,800 --> 00:36:26,200 want this to come back to us them if we 758 00:36:26,200 --> 00:36:28,119 agree to this at six feet 759 00:36:28,119 --> 00:36:29,800 just I'm throwing that out there for 760 00:36:29,800 --> 00:36:32,270 getting 761 00:36:32,280 --> 00:36:34,520 specific the terminology is a little 762 00:36:34,520 --> 00:36:37,520 confusing when you talk about length and 763 00:36:37,520 --> 00:36:41,319 width so when I think of w the width I 764 00:36:41,319 --> 00:36:42,319 think of 765 00:36:42,319 --> 00:36:47,349 the facing the the the 766 00:36:47,359 --> 00:36:50,720 U length along the side of the 767 00:36:50,720 --> 00:36:53,640 house and depth I call it 768 00:36:53,640 --> 00:36:57,079 depth okay which is from the front door 769 00:36:57,079 --> 00:36:59,880 out to the bottom of the steps yes 770 00:36:59,880 --> 00:37:03,240 according to exhibit three that length 771 00:37:03,240 --> 00:37:07,430 currently is 6' 3 772 00:37:07,440 --> 00:37:10,040 in just thrown out there for technical 773 00:37:10,040 --> 00:37:12,200 reasons is that 774 00:37:12,200 --> 00:37:16,240 correct the six fo3 including steps yes 775 00:37:16,240 --> 00:37:18,079 so if they're talking about doing that 776 00:37:18,079 --> 00:37:20,720 same kind of Landing with okay you know 777 00:37:20,720 --> 00:37:23,240 decking on either side or whatever 778 00:37:23,240 --> 00:37:26,440 ultimately that's the reality I think of 779 00:37:26,440 --> 00:37:30,400 what the ask is whether that makes a 780 00:37:30,400 --> 00:37:31,960 difference or not I don't know well 781 00:37:31,960 --> 00:37:37,270 three inches is not not a lot in my 782 00:37:37,280 --> 00:37:40,119 mind but I don't want it to like become 783 00:37:40,119 --> 00:37:43,880 an issue so I I would be willing to uh 784 00:37:43,880 --> 00:37:51,309 allow 6 fo3 785 00:37:51,319 --> 00:37:54,319 in any other uh comments deliberations 786 00:37:54,319 --> 00:37:58,309 from the board 787 00:37:58,319 --> 00:38:00,599 I guess I add one question are we would 788 00:38:00,599 --> 00:38:04,040 we have to do two variances one for the 789 00:38:04,040 --> 00:38:07,319 front and then one for the 790 00:38:07,319 --> 00:38:10,680 sides if we go with option one SL option 791 00:38:10,680 --> 00:38:13,319 three yeah because all of those are in 792 00:38:13,319 --> 00:38:16,319 the same section there's you can just 793 00:38:16,319 --> 00:38:18,119 say it's it's 794 00:38:18,119 --> 00:38:21,720 2909 tables requirements exception a 795 00:38:21,720 --> 00:38:24,240 tables of dimensional requirements in 796 00:38:24,240 --> 00:38:27,160 the rv2 zone and I think you can do it 797 00:38:27,160 --> 00:38:30,680 all in one motion I'm not talking enough 798 00:38:30,680 --> 00:38:34,240 into it I think you can do it all in one 799 00:38:34,240 --> 00:38:38,560 variance because it's all one table do 800 00:38:38,560 --> 00:38:44,710 you agree Mr 801 00:38:44,720 --> 00:38:48,760 sesman because they're the table they're 802 00:38:48,760 --> 00:38:50,640 adding variance to the table so do they 803 00:38:50,640 --> 00:38:53,839 need a separate variance for side and a 804 00:38:53,839 --> 00:38:56,720 separate variance for front but I'm 805 00:38:56,720 --> 00:38:58,119 saying I think because it's all in the 806 00:38:58,119 --> 00:39:00,000 same section they can do one variance 807 00:39:00,000 --> 00:39:03,510 for both side and 808 00:39:03,520 --> 00:39:07,630 front you agree with 809 00:39:07,640 --> 00:39:09,400 that 810 00:39:09,400 --> 00:39:11,880 one is that is that the agreement with 811 00:39:11,880 --> 00:39:13,880 you that we would just do one variance 812 00:39:13,880 --> 00:39:19,390 for 219 in general yeah I think 813 00:39:19,400 --> 00:39:21,720 so there was also something in the staff 814 00:39:21,720 --> 00:39:24,040 report about landscaping or whatever 815 00:39:24,040 --> 00:39:25,960 else so you intend to put Landscaping in 816 00:39:25,960 --> 00:39:36,550 front of this 817 00:39:36,560 --> 00:39:40,990 two 818 00:39:41,000 --> 00:39:45,640 okay all right um at this point I'll uh 819 00:39:45,640 --> 00:39:47,800 entertain a motion to 820 00:39:47,800 --> 00:39:51,720 vote and uh direct Mr susman to draft a 821 00:39:51,720 --> 00:39:54,319 document 822 00:39:54,319 --> 00:39:57,720 resolution motion 823 00:39:57,720 --> 00:40:07,910 should be clear as to exactly what it 824 00:40:07,920 --> 00:40:18,390 is prove the varas has 825 00:40:18,400 --> 00:40:24,230 discussed not sure everybody is 826 00:40:24,240 --> 00:40:27,680 fully if we this is part of the the 827 00:40:27,680 --> 00:40:29,599 public record so if we 828 00:40:29,599 --> 00:40:39,790 say decide on which exhibit would that 829 00:40:39,800 --> 00:40:43,920 be all right if if I can summarize what 830 00:40:43,920 --> 00:40:45,480 I 831 00:40:45,480 --> 00:40:49,359 believe um we are in agreement 832 00:40:49,359 --> 00:40:54,400 with a uh variance to 833 00:40:54,400 --> 00:40:59,430 allow a a deck which 834 00:40:59,440 --> 00:41:07,119 is all the full um the full width of the house full width 835 00:41:07,119 --> 00:41:10,359 of the house which I believe was 836 00:41:10,359 --> 00:41:17,280 21t and as far as depth a depth of 6' 3 837 00:41:17,280 --> 00:41:23,430 in which includes the steps include the 838 00:41:23,440 --> 00:41:27,480 steps all right so at this point I will 839 00:41:27,480 --> 00:41:31,550 entertain a motion for a 840 00:41:31,560 --> 00:41:33,920 vote talk 841 00:41:33,920 --> 00:41:37,040 about width of the house being 21 842 00:41:37,040 --> 00:41:40,160 ft depth of 843 00:41:40,160 --> 00:41:44,400 the P not including the 844 00:41:44,400 --> 00:41:46,319 steps four 845 00:41:46,319 --> 00:41:48,599 feet four and a half believe would be 846 00:41:48,599 --> 00:41:51,319 four feet four feet and 847 00:41:51,319 --> 00:41:55,230 then to come 848 00:41:55,240 --> 00:41:59,630 out 2 foot 3 849 00:41:59,640 --> 00:42:01,200 are we going to stipulate the width of 850 00:42:01,200 --> 00:42:05,200 the steps with it because I know I heard 851 00:42:05,200 --> 00:42:08,079 steps mentioned about going the width of 852 00:42:08,079 --> 00:42:09,800 it we're going to say a certain portion 853 00:42:09,800 --> 00:42:11,440 for the 854 00:42:11,440 --> 00:42:15,000 steps so should we say like up to six 855 00:42:15,000 --> 00:42:18,000 feet roughly like 856 00:42:18,000 --> 00:42:21,119 four four feet or 857 00:42:21,119 --> 00:42:24,559 so right so I'm just going to reference 858 00:42:24,559 --> 00:42:28,000 that exhibit three in in or yeah exhibit 859 00:42:28,000 --> 00:42:30,440 three in what we were provided it states 860 00:42:30,440 --> 00:42:35,839 it's 6 by six and 3 in so I think 861 00:42:35,839 --> 00:42:38,800 that standard stairs that they'll 862 00:42:38,800 --> 00:42:41,040 probably be using could be up to six 863 00:42:41,040 --> 00:42:44,640 feet so that is what I would recommend 864 00:42:44,640 --> 00:42:46,680 being able to otherwise if we say four 865 00:42:46,680 --> 00:42:48,280 feet they're going to have to go try and 866 00:42:48,280 --> 00:42:50,480 find some specialty 867 00:42:50,480 --> 00:42:53,599 stairs I don't I think that if six feet 868 00:42:53,599 --> 00:42:55,440 is a normal width or whatever else I 869 00:42:55,440 --> 00:42:57,760 think that that's justifiable especially 870 00:42:57,760 --> 00:43:05,750 for 871 00:43:05,760 --> 00:43:08,040 safety they don't have to go six feet 872 00:43:08,040 --> 00:43:09,160 I'm just saying that's what it said it 873 00:43:09,160 --> 00:43:10,760 waset seems a 874 00:43:10,760 --> 00:43:14,119 little more than necessary to me so if 875 00:43:14,119 --> 00:43:17,160 you look at the picture does it I mean I 876 00:43:17,160 --> 00:43:19,319 don't know does it to me it doesn't look 877 00:43:19,319 --> 00:43:22,680 extreme and according to the these 878 00:43:22,680 --> 00:43:25,040 exhibits that's what if they were to 879 00:43:25,040 --> 00:43:27,280 replace exactly what they have now it's 880 00:43:27,280 --> 00:43:28,800 6 feet wide 881 00:43:28,800 --> 00:43:33,119 already um I fear that if it's narrow 882 00:43:33,119 --> 00:43:35,559 well you'll have the the porch 883 00:43:35,559 --> 00:43:38,599 itself but I 884 00:43:38,599 --> 00:43:41,079 that's it allows for 885 00:43:41,079 --> 00:43:44,640 ample walking steps currently 886 00:43:44,640 --> 00:43:50,230 are look to be about four feet 887 00:43:50,240 --> 00:43:52,960 wide six feet 888 00:43:52,960 --> 00:44:03,829 wide right no yeah 889 00:44:03,839 --> 00:44:06,880 with the steps on your exhibit three you 890 00:44:06,880 --> 00:44:10,640 do you have one there six feet wide 891 00:44:10,640 --> 00:44:15,079 so I think that's keep it six feet wide 892 00:44:15,079 --> 00:44:18,630 the steps being six feet 893 00:44:18,640 --> 00:44:21,079 wide and if you find that they're only 894 00:44:21,079 --> 00:44:22,480 four and a half and that's what you're 895 00:44:22,480 --> 00:44:24,520 getting then you're still within the 896 00:44:24,520 --> 00:44:27,440 variance you don't I don't right don't 897 00:44:27,440 --> 00:44:29,480 have to go 6t wide we're allowing up to 898 00:44:29,480 --> 00:44:32,680 6t wide to accommodate the steps is what 899 00:44:32,680 --> 00:44:34,480 I'm 900 00:44:34,480 --> 00:44:37,000 proposing 901 00:44:37,000 --> 00:44:41,960 okay all right six feet wide First 902 00:44:41,960 --> 00:44:45,190 Steps 903 00:44:45,200 --> 00:44:48,559 okay all right that being said I will 904 00:44:48,559 --> 00:44:51,079 now entertain a 905 00:44:51,079 --> 00:44:52,640 vote 906 00:44:52,640 --> 00:44:55,520 Bo 907 00:44:55,520 --> 00:45:01,549 um to um Mr sesman write a 908 00:45:01,559 --> 00:45:04,829 memo 909 00:45:04,839 --> 00:45:06,720 um 910 00:45:06,720 --> 00:45:10,079 approving the description of the 911 00:45:10,079 --> 00:45:14,800 variants which we have uh 912 00:45:14,800 --> 00:45:18,440 summarized I make a motion to have the 913 00:45:18,440 --> 00:45:21,880 vote we have a second second all in 914 00:45:21,880 --> 00:45:24,400 favor 915 00:45:24,400 --> 00:45:30,110 okay all right um 916 00:45:30,120 --> 00:45:36,309 [Music] 917 00:45:36,319 --> 00:45:39,680 so Mr Burch how do you 918 00:45:39,680 --> 00:45:41,920 vote why don't we say what we're voting 919 00:45:41,920 --> 00:45:43,599 on just clarify that we're voting on 920 00:45:43,599 --> 00:45:45,520 something can we to make sure we are 921 00:45:45,520 --> 00:45:47,599 saying the same 922 00:45:47,599 --> 00:45:52,040 thing believe we're voting on allowing a 923 00:45:52,040 --> 00:45:55,680 variance to allow or granting a variance 924 00:45:55,680 --> 00:45:57,520 to allow 925 00:45:57,520 --> 00:45:59,920 the applicant to in to 926 00:45:59,920 --> 00:46:04,119 build a deck which is 21 927 00:46:04,119 --> 00:46:06,640 feet 928 00:46:06,640 --> 00:46:12,359 wide 6 and a half or 6 6 feet 3 in in 929 00:46:12,359 --> 00:46:15,599 depth which 930 00:46:15,599 --> 00:46:19,559 includes 4 foot 931 00:46:19,559 --> 00:46:23,280 deck a deck in depth a 4 feet 932 00:46:23,280 --> 00:46:26,559 depth stairs which extend further out 933 00:46:26,559 --> 00:46:29,119 another 2' 3 934 00:46:29,119 --> 00:46:35,430 in and stairs which are 6 feet 935 00:46:35,440 --> 00:46:39,359 wide I I think oh go ahead think we 936 00:46:39,359 --> 00:46:43,760 should it should be 21 by4 and to allow 937 00:46:43,760 --> 00:46:47,559 the 2.3 for the steps think that 938 00:46:47,559 --> 00:46:53,079 probably four two 2.3 by four feet wide 939 00:46:53,079 --> 00:46:55,280 for the steps six foot wide 940 00:46:55,280 --> 00:46:57,760 yeah I thought that's what six foot yes 941 00:46:57,760 --> 00:47:01,680 I'm sorry six foot yes it's just the the 942 00:47:01,680 --> 00:47:05,440 way in which it's phrased to to indicate 943 00:47:05,440 --> 00:47:07,200 that there is the actual porch and then 944 00:47:07,200 --> 00:47:09,680 there's a step portion how much that 945 00:47:09,680 --> 00:47:11,480 step portion can 946 00:47:11,480 --> 00:47:17,760 extrude 23 inches correct six feet 947 00:47:17,760 --> 00:47:20,079 wide wide 948 00:47:20,079 --> 00:47:23,640 yes remaining porch being 21 ft long 4T 949 00:47:23,640 --> 00:47:25,359 deep 950 00:47:25,359 --> 00:47:30,750 correct let's go through motion one 951 00:47:30,760 --> 00:47:36,559 time Grant the variance to allow 21 fet 952 00:47:36,559 --> 00:47:40,750 width of the 953 00:47:40,760 --> 00:47:44,800 PS 4 feet depth across the entire width 954 00:47:44,800 --> 00:47:47,069 of the 955 00:47:47,079 --> 00:47:49,960 PCH 2 feet 3 956 00:47:49,960 --> 00:47:54,720 in steps extending further 2 feet 3 in 957 00:47:54,720 --> 00:47:57,000 out 958 00:47:57,000 --> 00:47:59,960 those steps being six feet wide up to 959 00:47:59,960 --> 00:48:04,390 six feet wide six feet 960 00:48:04,400 --> 00:48:08,400 wide and also if we need to that this 961 00:48:08,400 --> 00:48:09,920 would include 962 00:48:09,920 --> 00:48:13,200 railings are included within this 963 00:48:13,200 --> 00:48:16,680 variance in railings would be included 964 00:48:16,680 --> 00:48:17,960 in those 965 00:48:17,960 --> 00:48:21,720 dimensions in the 4 feet by 21 ft 966 00:48:21,720 --> 00:48:27,190 dimension 967 00:48:27,200 --> 00:48:28,839 all right with that being said I will 968 00:48:28,839 --> 00:48:32,549 entertain a 969 00:48:32,559 --> 00:48:39,109 vote I move to 970 00:48:39,119 --> 00:48:41,599 vote another 971 00:48:41,599 --> 00:48:45,349 motion another 972 00:48:45,359 --> 00:48:48,359 motion all right I'll entertain a motion 973 00:48:48,359 --> 00:48:52,000 to vote and ask Mr susman to uh draft a 974 00:48:52,000 --> 00:48:55,230 uh 975 00:48:55,240 --> 00:48:58,480 resolution I will make that motion right 976 00:48:58,480 --> 00:49:03,480 is there second second all in favor 977 00:49:03,480 --> 00:49:05,119 I all 978 00:49:05,119 --> 00:49:07,640 right Mr bur how do you 979 00:49:07,640 --> 00:49:09,839 vote I vote in 980 00:49:09,839 --> 00:49:15,520 favor um Miss Everett in favor Mr Sharp 981 00:49:15,520 --> 00:49:25,349 in favor and I Paul Dy will also vote in 982 00:49:25,359 --> 00:49:32,270 favor no motion passes the motion 983 00:49:32,280 --> 00:49:34,720 passes all right so Mr susman would you 984 00:49:34,720 --> 00:49:39,150 draft a document for the 985 00:49:39,160 --> 00:49:41,680 board I'm going to be out of town 986 00:49:41,680 --> 00:49:53,589 overseas for two and a half 987 00:49:53,599 --> 00:49:55,720 weeks all right is there any other 988 00:49:55,720 --> 00:49:58,480 business 989 00:49:58,480 --> 00:50:01,640 I will entertain a motion to 990 00:50:01,640 --> 00:50:04,440 adjourn I move to 991 00:50:04,440 --> 00:50:13,559 adjourn for a second all in favor I right hearing is 992 00:50:13,559 --> 00:50:18,390 closed thank 993 00:50:18,400 --> 00:50:30,230 you through it 994 00:50:30,240 --> 00:50:33,599 where are you going