1 00:00:33,280 --> 00:00:36,239 We're live. Can you hear me? 2 00:00:36,239 --> 00:00:38,079 All right. Uh, we'll call the meeting to 3 00:00:38,079 --> 00:00:40,000 order. Apologies for the late start. Had 4 00:00:40,000 --> 00:00:42,800 an unexpected urgent care trip. Um, 5 00:00:42,800 --> 00:00:44,320 casual appearance and all that. And 6 00:00:44,320 --> 00:00:46,160 thanks for being with us despite the 7 00:00:46,160 --> 00:00:50,640 World Cup game uh that is going on. Um, 8 00:00:50,640 --> 00:00:51,840 I think just in the interest of time, 9 00:00:51,840 --> 00:00:53,039 we'll probably skip pledge of allegiance 10 00:00:53,039 --> 00:00:55,120 for tonight if that's okay and proceed 11 00:00:55,120 --> 00:00:58,719 to roll call. 12 00:00:58,719 --> 00:00:59,680 >> Chair Gar 13 00:00:59,680 --> 00:01:00,480 >> here, 14 00:01:00,480 --> 00:01:01,920 >> Commissioner Gonko 15 00:01:01,920 --> 00:01:02,640 >> here, 16 00:01:02,640 --> 00:01:04,000 >> Commissioner Weaver 17 00:01:04,000 --> 00:01:05,040 >> here, 18 00:01:05,040 --> 00:01:06,720 >> and Vice Chair Tober and Commissioner 19 00:01:06,720 --> 00:01:09,200 Evans are noted absent. 20 00:01:09,200 --> 00:01:10,720 >> Uh, are there any changes to the agenda 21 00:01:10,720 --> 00:01:11,760 tonight? 22 00:01:11,760 --> 00:01:13,200 >> There are no changes to the agenda. 23 00:01:13,200 --> 00:01:15,920 There is one desk item for item number 24 00:01:15,920 --> 00:01:18,320 three on the agenda and that'll be 25 00:01:18,320 --> 00:01:20,560 explained in the presentation. 26 00:01:20,560 --> 00:01:23,119 >> All right, perfect. Um, all right. Any 27 00:01:23,119 --> 00:01:25,920 public communications? So, if folks have 28 00:01:25,920 --> 00:01:27,439 uh things they would like to raise that 29 00:01:27,439 --> 00:01:29,520 are not on the agenda tonight, now would 30 00:01:29,520 --> 00:01:31,439 be the time to do that. You can approach 31 00:01:31,439 --> 00:01:33,680 the microphone if you have a comment you 32 00:01:33,680 --> 00:01:35,840 would like to make. 33 00:01:35,840 --> 00:01:37,280 >> And for those online, please use the 34 00:01:37,280 --> 00:01:38,640 raise hand feature if you'd like to make 35 00:01:38,640 --> 00:01:42,149 a comment. 36 00:01:42,159 --> 00:01:45,759 And I see no raised hands. 37 00:01:45,759 --> 00:01:48,079 >> In that case, we will move on to the 38 00:01:48,079 --> 00:01:50,640 consent agenda. And the first item being 39 00:01:50,640 --> 00:01:54,159 the approval of the uh of the minutes 40 00:01:54,159 --> 00:01:58,560 from date correct uh from June 3 uh 41 00:01:58,560 --> 00:02:01,600 2026. Does anybody have comments on the 42 00:02:01,600 --> 00:02:07,280 minutes uh before we consider approval? 43 00:02:07,280 --> 00:02:09,920 Um, I move that we approve the consent 44 00:02:09,920 --> 00:02:11,440 calendar, which is approval of the 45 00:02:11,440 --> 00:02:14,400 minutes from June 3rd. 46 00:02:14,400 --> 00:02:16,560 >> I saw a second. 47 00:02:16,560 --> 00:02:17,360 >> Chair Gard, 48 00:02:17,360 --> 00:02:18,080 >> yes. 49 00:02:18,080 --> 00:02:19,360 >> Commissioner Gerero, 50 00:02:19,360 --> 00:02:19,760 >> yes. 51 00:02:19,760 --> 00:02:20,959 >> Commissioner Weaver, 52 00:02:20,959 --> 00:02:24,309 >> yes. 53 00:02:24,319 --> 00:02:28,319 Okay. Uh in that case, we'll move to the second item, which is the public 54 00:02:28,319 --> 00:02:32,319 hearing on 2995 Woodside Road. Uh which 55 00:02:32,319 --> 00:02:35,040 is presentation and approval uh 56 00:02:35,040 --> 00:02:37,599 conditional approval or denial of the uh 57 00:02:37,599 --> 00:02:40,480 conditional use permit. Uh Sage, do you 58 00:02:40,480 --> 00:02:49,589 want to Okay. Uh KO. 59 00:02:49,599 --> 00:02:51,519 » Hello and thank you. Uh tonight I'll be 60 00:02:51,519 --> 00:02:54,080 presenting the project at 2995 Woodside 61 00:02:54,080 --> 00:02:56,720 Road Sweet 100. 62 00:02:56,720 --> 00:02:58,480 It's a presentation and approval, 63 00:02:58,480 --> 00:03:00,319 conditional approval or denial of a 64 00:03:00,319 --> 00:03:02,239 proposal requiring planning commission 65 00:03:02,239 --> 00:03:04,800 review for a new conditional use permit 66 00:03:04,800 --> 00:03:07,120 to allow for a new fitness/pilott 67 00:03:07,120 --> 00:03:09,680 studio. And there are no desk items at 68 00:03:09,680 --> 00:03:11,760 this time. Uh to give a brief 69 00:03:11,760 --> 00:03:14,000 background, uh the town received a 70 00:03:14,000 --> 00:03:16,239 request for approval of a business 71 00:03:16,239 --> 00:03:18,480 license in suite 100 at the Gilbert 72 00:03:18,480 --> 00:03:21,440 Center for a small-scale body studio. Uh 73 00:03:21,440 --> 00:03:24,159 with review of all proposed businesses 74 00:03:24,159 --> 00:03:27,120 located in a fixed location, uh town 75 00:03:27,120 --> 00:03:29,360 staff must determine if the Woodside 76 00:03:29,360 --> 00:03:32,480 Municipal Code allows a proposed use. Uh 77 00:03:32,480 --> 00:03:34,319 in Woodside Municipal Code section 78 00:03:34,319 --> 00:03:38,239 153.107, 107. Um the table outlines the 79 00:03:38,239 --> 00:03:42,000 permitted uses uh with no cup required, 80 00:03:42,000 --> 00:03:44,560 uh conditional uses with a conditional 81 00:03:44,560 --> 00:03:48,080 use permit required and accessory uses 82 00:03:48,080 --> 00:03:50,319 um accessory to permitted or conditional 83 00:03:50,319 --> 00:03:53,280 uses uh allowed in that commercial uh 84 00:03:53,280 --> 00:03:55,920 zoning district. And it also states that 85 00:03:55,920 --> 00:03:59,280 if a specific use is not listed, it may 86 00:03:59,280 --> 00:04:01,360 be uh permitted if the planning 87 00:04:01,360 --> 00:04:02,959 commission determines that the proposed 88 00:04:02,959 --> 00:04:05,439 use is similar to a use listed in the 89 00:04:05,439 --> 00:04:09,920 tables. Uh whereas a fitness and or a 90 00:04:09,920 --> 00:04:12,319 Pilates studio is not explicitly called 91 00:04:12,319 --> 00:04:15,439 out in that code section. uh staff 92 00:04:15,439 --> 00:04:16,639 recommends that the proposed 93 00:04:16,639 --> 00:04:18,320 fitness/pilates 94 00:04:18,320 --> 00:04:20,959 instructional use uh would be most 95 00:04:20,959 --> 00:04:23,919 similar to a uh quote unquote uh music 96 00:04:23,919 --> 00:04:27,520 and dance instruction use uh outlined in 97 00:04:27,520 --> 00:04:31,600 that table. Um however uh that music and 98 00:04:31,600 --> 00:04:34,400 dance instruction uh would require uh 99 00:04:34,400 --> 00:04:41,430 planning commission approval of a cup. 100 00:04:41,440 --> 00:04:43,840 This is the um aerial photograph uh 101 00:04:43,840 --> 00:04:46,400 showing the location of that sweet 100. 102 00:04:46,400 --> 00:04:48,479 It's uh within that detached structure 103 00:04:48,479 --> 00:04:49,840 which I will show in the next slide 104 00:04:49,840 --> 00:04:53,670 here. 105 00:04:53,680 --> 00:04:55,919 And this is the uh these are the images 106 00:04:55,919 --> 00:04:58,400 of the existing building as well as the 107 00:04:58,400 --> 00:05:02,800 uh existing uh parking. Um to clarify um 108 00:05:02,800 --> 00:05:05,040 as you can see with my mouse here um 109 00:05:05,040 --> 00:05:07,520 showing the space where the proposed use 110 00:05:07,520 --> 00:05:09,039 would be taking place. It would be on 111 00:05:09,039 --> 00:05:18,870 the left side of that lower level 112 00:05:18,880 --> 00:05:21,360 and the applicant indicates that um 113 00:05:21,360 --> 00:05:24,320 Pilates again uh is a type of mindbody 114 00:05:24,320 --> 00:05:26,960 exercise uh that classifies as a 115 00:05:26,960 --> 00:05:29,680 recreation facility. Uh the proposed use 116 00:05:29,680 --> 00:05:31,840 would occupy a space with a gross flow 117 00:05:31,840 --> 00:05:34,960 area of approximately 700 square f feet 118 00:05:34,960 --> 00:05:36,479 uh which I will show in that uh floor 119 00:05:36,479 --> 00:05:39,199 plan that the applicant provided. Uh the 120 00:05:39,199 --> 00:05:41,039 applicant also indicated that the space 121 00:05:41,039 --> 00:05:43,440 would undergo minor interior 122 00:05:43,440 --> 00:05:44,960 modifications 123 00:05:44,960 --> 00:05:46,960 uh but there would be no changes to the 124 00:05:46,960 --> 00:05:48,720 existing uh facade of the structure 125 00:05:48,720 --> 00:05:52,320 itself. Um and as far as for parking, um 126 00:05:52,320 --> 00:05:54,080 the existing commercial unit was 127 00:05:54,080 --> 00:05:57,280 previously occupied by an office use. Uh 128 00:05:57,280 --> 00:06:00,240 section uh 153.223 129 00:06:00,240 --> 00:06:02,880 of the Woodside municipal code uh 130 00:06:02,880 --> 00:06:05,600 provides a limited uh list of uses for 131 00:06:05,600 --> 00:06:08,240 parking requirements. Uh one of the 132 00:06:08,240 --> 00:06:11,440 tables in that section indicates that uh 133 00:06:11,440 --> 00:06:13,360 businesses and professional offices 134 00:06:13,360 --> 00:06:16,240 require one parking space for each uh 135 00:06:16,240 --> 00:06:18,800 200 square ft of floor area plus one 136 00:06:18,800 --> 00:06:21,280 space for every three employees. Uh 137 00:06:21,280 --> 00:06:23,360 since the previous use and the proposed 138 00:06:23,360 --> 00:06:26,080 use fall into this general category for 139 00:06:26,080 --> 00:06:28,080 parking requirements, uh staff 140 00:06:28,080 --> 00:06:29,919 determines that the proposed use would 141 00:06:29,919 --> 00:06:31,759 not require any additional parking 142 00:06:31,759 --> 00:06:34,319 spaces. uh therefore complying with the 143 00:06:34,319 --> 00:06:38,150 parking requirements. 144 00:06:38,160 --> 00:06:40,560 And here is the applicant uh floor plan 145 00:06:40,560 --> 00:06:44,880 showing uh the proposed uh spaces um of 146 00:06:44,880 --> 00:06:48,160 the Pilates machine. And um the details 147 00:06:48,160 --> 00:06:51,840 on the legend shows uh where exactly uh 148 00:06:51,840 --> 00:06:53,440 things will be located within this 149 00:06:53,440 --> 00:06:58,950 space. 150 00:06:58,960 --> 00:07:01,919 And again as for the findings um to 151 00:07:01,919 --> 00:07:03,120 quickly summarize the planning 152 00:07:03,120 --> 00:07:05,360 commission may approve the cup if the 153 00:07:05,360 --> 00:07:06,960 following findings can be made and this 154 00:07:06,960 --> 00:07:08,560 is all listed in the staff report and 155 00:07:08,560 --> 00:07:12,309 resolution. 156 00:07:12,319 --> 00:07:13,919 And to summarize the findings by 157 00:07:13,919 --> 00:07:17,280 planning staff uh the proposed use uh is 158 00:07:17,280 --> 00:07:20,240 in the CC zoning district uh which 159 00:07:20,240 --> 00:07:22,319 provides a centralized location for all 160 00:07:22,319 --> 00:07:25,120 residents to access. Uh the proposed use 161 00:07:25,120 --> 00:07:27,599 would occupy an existing commercial unit 162 00:07:27,599 --> 00:07:29,280 and does not require a new construction 163 00:07:29,280 --> 00:07:31,599 of a building and is also consistent 164 00:07:31,599 --> 00:07:34,560 with the general plan. Uh the 165 00:07:34,560 --> 00:07:37,120 fitness/pilott studio use is proposed to 166 00:07:37,120 --> 00:07:39,440 be a wellness focused facility that 167 00:07:39,440 --> 00:07:41,120 would not pose a detriment to the 168 00:07:41,120 --> 00:07:44,479 health, safety or general welfare of 169 00:07:44,479 --> 00:07:46,479 people residing or working in the 170 00:07:46,479 --> 00:07:49,360 vicinity. Uh the proposed use does not 171 00:07:49,360 --> 00:07:51,520 require more parking spaces. Uh the 172 00:07:51,520 --> 00:07:53,360 proposed use will be located in an 173 00:07:53,360 --> 00:07:55,680 existing unit of a commercial building 174 00:07:55,680 --> 00:07:57,919 and the commercial building is currently 175 00:07:57,919 --> 00:08:01,039 served by utilities and services. Um and 176 00:08:01,039 --> 00:08:02,720 the applicant has indicated that no 177 00:08:02,720 --> 00:08:04,479 changes to the existing utilities or 178 00:08:04,479 --> 00:08:07,440 services are required. 179 00:08:07,440 --> 00:08:09,840 Lastly, for the recommendation, uh staff 180 00:08:09,840 --> 00:08:11,840 recommends that the planning commission 181 00:08:11,840 --> 00:08:14,080 uh make the findings to approve the cup 182 00:08:14,080 --> 00:08:16,479 outlined in the draft resolution, uh 183 00:08:16,479 --> 00:08:18,000 including the following conditions of 184 00:08:18,000 --> 00:08:20,479 approval here. 185 00:08:20,479 --> 00:08:22,720 That concludes my presentation. Uh staff 186 00:08:22,720 --> 00:08:24,560 is happy to answer any questions. The 187 00:08:24,560 --> 00:08:26,080 applicant is also in attendance here 188 00:08:26,080 --> 00:08:27,680 tonight to answer any questions. Thank 189 00:08:27,680 --> 00:08:29,759 you. 190 00:08:29,759 --> 00:08:31,840 >> Thank you. Uh commissioners, uh 191 00:08:31,840 --> 00:08:33,360 questions for staff. 192 00:08:33,360 --> 00:08:36,399 >> I have no questions for staff. 193 00:08:36,399 --> 00:08:39,760 do not have any questions. 194 00:08:39,760 --> 00:08:42,080 >> Uh would the applicant like to make a uh 195 00:08:42,080 --> 00:08:44,159 presentation? It's not not required, but 196 00:08:44,159 --> 00:08:47,839 uh you're certainly welcome to 197 00:08:47,839 --> 00:08:49,920 or comments, any anything. Doesn't have 198 00:08:49,920 --> 00:08:53,829 to be formal. 199 00:08:53,839 --> 00:08:57,190 » Okay. 200 00:08:57,200 --> 00:09:00,720 » Works great. Uh grew up in Woodside. All 201 00:09:00,720 --> 00:09:02,240 my clients are in Woodside. Been a 202 00:09:02,240 --> 00:09:04,720 Pilates teacher for seven years. just 203 00:09:04,720 --> 00:09:06,399 the natural progression of things to 204 00:09:06,399 --> 00:09:09,200 open here have been a dream of mine and 205 00:09:09,200 --> 00:09:10,880 uh going to call it Arbor because I grew 206 00:09:10,880 --> 00:09:12,959 up on Arbor Court and Woodside. So would 207 00:09:12,959 --> 00:09:16,959 love to be an addition to the community. 208 00:09:16,959 --> 00:09:18,480 >> Awesome. Okay. Thank you. 209 00:09:18,480 --> 00:09:20,480 >> Any questions? 210 00:09:20,480 --> 00:09:23,910 >> No questions. 211 00:09:23,920 --> 00:09:25,839 » All right. Um thank you. Okay. We'll 212 00:09:25,839 --> 00:09:28,080 move to uh commissioner deliberations 213 00:09:28,080 --> 00:09:31,279 and discussion then. Oh, I'm sorry. 214 00:09:31,279 --> 00:09:36,240 Thank you. Uh public comment. Uh, any members of the public like to make a 215 00:09:36,240 --> 00:09:37,519 statement? And if so, can you please 216 00:09:37,519 --> 00:09:40,399 just Oh, okay. Can we maybe get her the 217 00:09:40,399 --> 00:09:45,350 microphone, please? Thank you. 218 00:09:45,360 --> 00:09:48,640 » Hi. Um, this girl is just stunning and 219 00:09:48,640 --> 00:09:51,279 wonderful and she wants to bring 220 00:09:51,279 --> 00:09:54,320 something happy and healthy to the town. 221 00:09:54,320 --> 00:09:57,440 That's to me as my husband also. We're 222 00:09:57,440 --> 00:10:00,240 the owners of the buildings here and u 223 00:10:00,240 --> 00:10:03,920 that means a lot to us and we just don't 224 00:10:03,920 --> 00:10:05,920 have people coming there and letting 225 00:10:05,920 --> 00:10:07,440 there's a lot of people come and want to 226 00:10:07,440 --> 00:10:09,360 live be in one of our buildings but if 227 00:10:09,360 --> 00:10:10,640 they don't have something to offer to 228 00:10:10,640 --> 00:10:13,360 this town we've been here over 60 years 229 00:10:13,360 --> 00:10:17,519 we're like no you know so this girl is 230 00:10:17,519 --> 00:10:19,519 amazing and she's going to do wonderful 231 00:10:19,519 --> 00:10:21,040 and people will like it and it's a 232 00:10:21,040 --> 00:10:24,160 healthy thing to do and um and she's 233 00:10:24,160 --> 00:10:25,680 beautiful 234 00:10:25,680 --> 00:10:29,462 and so but she has a boyfriend. So, 235 00:10:29,462 --> 00:10:30,000 [laughter] 236 00:10:30,000 --> 00:10:32,399 >> it's all based. 237 00:10:32,399 --> 00:10:34,480 >> So, that's really all I have to say. I'm 238 00:10:34,480 --> 00:10:36,560 just glad that this happened. I couldn't 239 00:10:36,560 --> 00:10:38,240 understand one thing, though, and she 240 00:10:38,240 --> 00:10:42,560 This is not from her. $5,000 to apply 241 00:10:42,560 --> 00:10:45,600 for this. That's a lot of money, 242 00:10:45,600 --> 00:10:48,240 especially for a young girl or young 243 00:10:48,240 --> 00:10:51,040 boy, young anybody or even an old 244 00:10:51,040 --> 00:10:53,200 person. I don't know. I think that's an 245 00:10:53,200 --> 00:10:55,600 awful lot to charge people. It's almost 246 00:10:55,600 --> 00:10:59,120 a deterrent in a way, you know. Uh so 247 00:10:59,120 --> 00:11:01,600 she's hanging in there. So if you if 248 00:11:01,600 --> 00:11:03,040 it's just one of those things where you 249 00:11:03,040 --> 00:11:04,320 have to take a little piece for 250 00:11:04,320 --> 00:11:06,640 something here and there, like do 251 00:11:06,640 --> 00:11:08,800 something for Melanie or something, do 252 00:11:08,800 --> 00:11:13,040 it. But for God's sakes, $5,000 is this 253 00:11:13,040 --> 00:11:15,312 is not her speaking. This is me. 254 00:11:15,312 --> 00:11:17,600 [snorts] And I think it's was wrong to 255 00:11:17,600 --> 00:11:21,360 do that to anybody. Okay. Thanks. 256 00:11:21,360 --> 00:11:24,480 >> Thanks. Any 257 00:11:24,480 --> 00:11:29,040 other public comment on this issue? 258 00:11:29,040 --> 00:11:30,720 >> As a reminder for those online, please 259 00:11:30,720 --> 00:11:32,000 use a raise hand feature if you'd like 260 00:11:32,000 --> 00:11:36,710 to make a comment. 261 00:11:36,720 --> 00:11:40,160 » And no raise hands. 262 00:11:40,160 --> 00:11:41,760 >> I have one question for staff. Is the 263 00:11:41,760 --> 00:11:45,120 5,000 is that a standard cup uh fee or 264 00:11:45,120 --> 00:11:46,320 what what fee are we referring to? 265 00:11:46,320 --> 00:11:47,200 >> Um it's probably a little less than 266 00:11:47,200 --> 00:11:48,720 that, but it is quite still quite high. 267 00:11:48,720 --> 00:11:50,399 Um yes, it's a standard conditional use 268 00:11:50,399 --> 00:11:52,880 permit fee. It's a flat fee. Um and it's 269 00:11:52,880 --> 00:11:54,640 for the processing of the project and 270 00:11:54,640 --> 00:11:56,959 well it goes into flat for any 271 00:11:56,959 --> 00:11:59,040 >> yeah amendments are a little bit cheaper 272 00:11:59,040 --> 00:12:00,959 but for a new CUP. Yes. 273 00:12:00,959 --> 00:12:01,839 >> Okay. Thank you. 274 00:12:01,839 --> 00:12:04,079 >> So that fee would not have been any 275 00:12:04,079 --> 00:12:07,920 different if this type of facility had 276 00:12:07,920 --> 00:12:10,320 already been on the approved list. 277 00:12:10,320 --> 00:12:13,519 >> Um so uh what KGO explained is that so 278 00:12:13,519 --> 00:12:15,200 there's two different types of kind like 279 00:12:15,200 --> 00:12:17,440 what's called a permit or principal use. 280 00:12:17,440 --> 00:12:19,519 Um and those do not require conditional 281 00:12:19,519 --> 00:12:21,600 use permit. Um, so they would just come 282 00:12:21,600 --> 00:12:24,560 in straight for a business license. Um, 283 00:12:24,560 --> 00:12:28,880 and so this the use table's quite old. 284 00:12:28,880 --> 00:12:31,839 Um, and it just uh does not have 285 00:12:31,839 --> 00:12:34,560 anything listed like that. The mo things 286 00:12:34,560 --> 00:12:36,399 that typically don't need a use permit 287 00:12:36,399 --> 00:12:39,600 are different retail. They has a long 288 00:12:39,600 --> 00:12:42,160 list of retail uses if it's under a 289 00:12:42,160 --> 00:12:46,079 2,000 ft facility. Um, but because 290 00:12:46,079 --> 00:12:48,079 there's nothing listed like a yoga 291 00:12:48,079 --> 00:12:50,240 studio, Pilates studio, a fitness 292 00:12:50,240 --> 00:12:52,000 facility, nothing like that is listed in 293 00:12:52,000 --> 00:12:53,839 the code. It is some type of 294 00:12:53,839 --> 00:12:56,639 instructional class. And the music and 295 00:12:56,639 --> 00:12:59,120 dance instruction was the closest thing 296 00:12:59,120 --> 00:13:01,120 um to this type of use. And that does 297 00:13:01,120 --> 00:13:03,760 require a conditional use permit. 298 00:13:03,760 --> 00:13:06,399 >> So if it were a music and dance 299 00:13:06,399 --> 00:13:08,160 explicitly facility, would it have 300 00:13:08,160 --> 00:13:10,079 triggered the application fee or is this 301 00:13:10,079 --> 00:13:10,480 because 302 00:13:10,480 --> 00:13:12,880 >> Yes. Yes. Yes. Yeah. Yeah. So, anything 303 00:13:12,880 --> 00:13:14,880 that requires the conditional use permit 304 00:13:14,880 --> 00:13:16,720 triggers this fee to go through the 305 00:13:16,720 --> 00:13:18,639 planning commission process. 306 00:13:18,639 --> 00:13:21,360 >> And the fee is not different based on 307 00:13:21,360 --> 00:13:22,959 whether it's something that's on the 308 00:13:22,959 --> 00:13:25,120 list versus something that's 309 00:13:25,120 --> 00:13:27,680 >> that's that's correct. So, whatever if 310 00:13:27,680 --> 00:13:29,920 it's like an auto body shop, that's just 311 00:13:29,920 --> 00:13:31,920 not like anything on the list and they 312 00:13:31,920 --> 00:13:33,760 just wouldn't be allowed. Um, but we 313 00:13:33,760 --> 00:13:35,600 felt that this was similar enough to 314 00:13:35,600 --> 00:13:36,880 something on the list. It just needed 315 00:13:36,880 --> 00:13:38,959 the cup. 316 00:13:38,959 --> 00:13:41,200 >> Yep. 317 00:13:41,200 --> 00:13:43,200 >> All right. Well, we will now begin uh 318 00:13:43,200 --> 00:13:46,480 commissioner deliberation. 319 00:13:46,480 --> 00:13:48,959 >> Uh I have no objection. Everything's 320 00:13:48,959 --> 00:13:51,760 been spilled out by staff and I agree 321 00:13:51,760 --> 00:13:54,399 with it. 322 00:13:54,399 --> 00:13:56,560 >> Um I can make the findings and vote to 323 00:13:56,560 --> 00:13:59,279 approve the cup. 324 00:13:59,279 --> 00:14:00,959 >> Yeah, I can make the findings as as 325 00:14:00,959 --> 00:14:03,360 well. I think it's I mean to to I think 326 00:14:03,360 --> 00:14:05,360 both uh both comments. I think it's 327 00:14:05,360 --> 00:14:09,199 great to have more um small local 328 00:14:09,199 --> 00:14:10,720 businesses serving the community. So, 329 00:14:10,720 --> 00:14:12,720 it's that's great. Um, it's it's nice to 330 00:14:12,720 --> 00:14:14,000 be able to do things besides mail a 331 00:14:14,000 --> 00:14:16,399 letter uh and and whatnot. So, it's it's 332 00:14:16,399 --> 00:14:18,320 awesome to find uh more coming into the 333 00:14:18,320 --> 00:14:20,639 to the center. So, would anyone like to 334 00:14:20,639 --> 00:14:21,440 make a motion? 335 00:14:21,440 --> 00:14:23,279 >> I would make a motion that we approve 336 00:14:23,279 --> 00:14:27,920 the draft resolution to approve the cup. 337 00:14:27,920 --> 00:14:31,910 >> And I second. 338 00:14:31,920 --> 00:14:32,800 » Chair Gar. 339 00:14:32,800 --> 00:14:33,279 >> Yes. 340 00:14:33,279 --> 00:14:34,480 >> Commissioner Gonerko. 341 00:14:34,480 --> 00:14:34,880 >> Yes. 342 00:14:34,880 --> 00:14:36,079 >> Commissioner Weaver. 343 00:14:36,079 --> 00:14:38,240 >> Yes. 344 00:14:38,240 --> 00:14:40,240 >> Awesome. and good luck with the 345 00:14:40,240 --> 00:14:41,839 business. It's It's going to be great. 346 00:14:41,839 --> 00:14:50,470 Looking forward to uh to seeing it. 347 00:14:50,480 --> 00:14:54,550 Okay. I guess that's me. 348 00:14:54,560 --> 00:14:56,240 All right. Well, we will move on to the 349 00:14:56,240 --> 00:15:01,430 next uh item which is 350 00:15:01,440 --> 00:15:05,680 uh which is 301 Olive Hill. And Melanie 351 00:15:05,680 --> 00:15:07,600 presentation. 352 00:15:07,600 --> 00:15:23,910 Yes, I have a presentation. 353 00:15:23,920 --> 00:15:26,160 » Okay. Good evening, commissioners. I'll 354 00:15:26,160 --> 00:15:28,720 be introducing the project at 301 Olive 355 00:15:28,720 --> 00:15:31,440 Hill Lane which is requesting a variance 356 00:15:31,440 --> 00:15:33,680 to the side setback for a proposed 357 00:15:33,680 --> 00:15:36,320 swimming pool, emergency generator and 358 00:15:36,320 --> 00:15:39,120 pool equipment. There is one desk item 359 00:15:39,120 --> 00:15:41,920 from the applicant and it's providing uh 360 00:15:41,920 --> 00:15:44,959 details for pool equipment enclosure uh 361 00:15:44,959 --> 00:15:50,470 that'll reduce the sound in output. 362 00:15:50,480 --> 00:15:54,240 Okay. Uh the property is approximately 363 00:15:54,240 --> 00:15:58,160 3.4 4 acres in the RR zone district. The 364 00:15:58,160 --> 00:16:00,560 closest structures are shown on the 365 00:16:00,560 --> 00:16:03,839 southern southern side at around 200 to 366 00:16:03,839 --> 00:16:06,560 300 ft away from the location of the 367 00:16:06,560 --> 00:16:12,389 proposed swimming pool location. 368 00:16:12,399 --> 00:16:15,360 The property has an existing one-story 369 00:16:15,360 --> 00:16:17,680 main residence on a parcel that requires 370 00:16:17,680 --> 00:16:20,720 septic. The main residence sits closest 371 00:16:20,720 --> 00:16:23,040 to the southwest uh corner of the 372 00:16:23,040 --> 00:16:25,279 property. Majority of the property is 373 00:16:25,279 --> 00:16:27,680 heavily wooded and has slopes greater 374 00:16:27,680 --> 00:16:30,959 than 35% and in some places greater than 375 00:16:30,959 --> 00:16:32,720 50%. 376 00:16:32,720 --> 00:16:35,759 Um there includes an existing 377 00:16:35,759 --> 00:16:38,560 oval-shaped pool and pool equipment. 378 00:16:38,560 --> 00:16:40,240 However, those have been recently 379 00:16:40,240 --> 00:16:50,629 demolished. 380 00:16:50,639 --> 00:16:52,959 Uh the proposed swim swimming pool pool 381 00:16:52,959 --> 00:16:55,120 equipment 382 00:16:55,120 --> 00:16:57,600 and generator are shown in in similar 383 00:16:57,600 --> 00:17:01,120 locations as the existing 384 00:17:01,120 --> 00:17:04,799 uh let me get to a better one. Here we 385 00:17:04,799 --> 00:17:08,559 go. Uh so here we see that the existing 386 00:17:08,559 --> 00:17:11,199 pool equipment uh is shown in dashed 387 00:17:11,199 --> 00:17:13,439 blue here and then the existing 388 00:17:13,439 --> 00:17:16,480 ovalshaped pool or pear-shaped pool is 389 00:17:16,480 --> 00:17:18,720 shown here with the dashed blue uh 390 00:17:18,720 --> 00:17:21,520 indicating that the uh applicant 391 00:17:21,520 --> 00:17:24,000 proposed the new generator pool 392 00:17:24,000 --> 00:17:27,679 equipment in the similar locations. 393 00:17:27,679 --> 00:17:30,000 Uh the proposed swimming pool equipment 394 00:17:30,000 --> 00:17:32,880 and emergency generator would be uh once 395 00:17:32,880 --> 00:17:35,200 again located nearest there. Uh the 396 00:17:35,200 --> 00:17:37,520 property requires 50 foot se side 397 00:17:37,520 --> 00:17:41,280 setbacks for as well as front and rear. 398 00:17:41,280 --> 00:17:43,919 Uh the applicant is requesting a 399 00:17:43,919 --> 00:17:47,280 variance for the swimming pool uh due to 400 00:17:47,280 --> 00:17:48,640 uh pool equipment and emergency 401 00:17:48,640 --> 00:17:52,240 generator due to steep slopes wooded 402 00:17:52,240 --> 00:17:54,160 areas and the presence of septic 403 00:17:54,160 --> 00:17:56,799 required. The swimming pool would be 404 00:17:56,799 --> 00:18:00,320 about 26 ft from the side property line. 405 00:18:00,320 --> 00:18:02,480 The generator would be about 37 ft and 406 00:18:02,480 --> 00:18:06,720 the pool equipment would be about 46 ft. 407 00:18:06,720 --> 00:18:08,480 For this project to be considered, it 408 00:18:08,480 --> 00:18:10,559 needs to meet the findings in the M 409 00:18:10,559 --> 00:18:15,120 Woodside Municipal Code uh 153.94 410 00:18:15,120 --> 00:18:18,799 uh 949 which reflect that because of 411 00:18:18,799 --> 00:18:21,200 special circumstances such as property 412 00:18:21,200 --> 00:18:23,760 size, shape, and topography that the 413 00:18:23,760 --> 00:18:25,919 strict application of the chapter would 414 00:18:25,919 --> 00:18:28,640 deprive the applicant of privileges 415 00:18:28,640 --> 00:18:30,559 enjoyed by other properties within the 416 00:18:30,559 --> 00:18:32,240 vicinity. 417 00:18:32,240 --> 00:18:34,400 The variance would not constitute a 418 00:18:34,400 --> 00:18:35,840 special privilege and would be 419 00:18:35,840 --> 00:18:37,520 consistent with the objectives of the 420 00:18:37,520 --> 00:18:40,240 chapter. The granting of the variance 421 00:18:40,240 --> 00:18:42,240 would not be detrimental to the public 422 00:18:42,240 --> 00:18:44,160 welfare or injuries to other properties 423 00:18:44,160 --> 00:18:46,640 in the vicinity and the granting of the 424 00:18:46,640 --> 00:18:48,720 variance would would be consistent with 425 00:18:48,720 --> 00:18:52,000 the general plan and its objectives. 426 00:18:52,000 --> 00:18:54,400 Um please see attachment A that has been 427 00:18:54,400 --> 00:18:57,280 provided to you um to the staff report 428 00:18:57,280 --> 00:18:59,280 that shows the draft resolution which 429 00:18:59,280 --> 00:19:01,919 states the findings um that staff 430 00:19:01,919 --> 00:19:04,160 recommends approval. 431 00:19:04,160 --> 00:19:06,559 That concludes my presentation. The 432 00:19:06,559 --> 00:19:08,480 applicant and property owners are here 433 00:19:08,480 --> 00:19:11,360 in person as well as online 434 00:19:11,360 --> 00:19:14,000 um and 435 00:19:14,000 --> 00:19:16,000 they are going to give a presentation of 436 00:19:16,000 --> 00:19:19,200 themselves. Um but staff's here for 437 00:19:19,200 --> 00:19:22,080 questions. Thank you so much. 438 00:19:22,080 --> 00:19:24,799 >> Okay. Uh questions for staff. 439 00:19:24,799 --> 00:19:29,440 >> Uh what is behind um behind the uh 440 00:19:29,440 --> 00:19:31,039 property? 441 00:19:31,039 --> 00:19:33,919 That large area there? 442 00:19:33,919 --> 00:19:35,760 >> The large area. 443 00:19:35,760 --> 00:19:38,080 >> Um the one that doesn't seem to be 444 00:19:38,080 --> 00:19:45,510 subdivided into lots. 445 00:19:45,520 --> 00:19:49,919 So below the picture. Yeah, right there. 446 00:19:49,919 --> 00:19:52,480 Um, these should be residential main 447 00:19:52,480 --> 00:19:54,960 residences, but maybe the applicant can 448 00:19:54,960 --> 00:19:57,919 talk to that specifically, but it should 449 00:19:57,919 --> 00:20:00,960 be a a structure associated with the 450 00:20:00,960 --> 00:20:02,559 main residence. 451 00:20:02,559 --> 00:20:04,960 >> Yeah, I believe this is uh the Green 452 00:20:04,960 --> 00:20:08,559 Gables property. Um, and so it's a very 453 00:20:08,559 --> 00:20:10,799 large property. It's old historic site. 454 00:20:10,799 --> 00:20:12,559 There's multiple buildings out there. 455 00:20:12,559 --> 00:20:14,320 Um, so this is one of the accessory 456 00:20:14,320 --> 00:20:16,480 structures that is nearest, but it's 457 00:20:16,480 --> 00:20:20,559 about uh, you know, 290 ft away. And 458 00:20:20,559 --> 00:20:22,400 then the other closest structure is at 459 00:20:22,400 --> 00:20:32,789 303 Olive Hill. 460 00:20:32,799 --> 00:20:35,600 » Other questions for staff? 461 00:20:35,600 --> 00:20:39,679 >> I had no further questions for staff. 462 00:20:39,679 --> 00:20:42,720 >> I do not either. So um why don't we move 463 00:20:42,720 --> 00:20:44,640 on to the applicant or applicant 464 00:20:44,640 --> 00:20:58,549 presentation please? 465 00:20:58,559 --> 00:21:01,120 Can you hear me? Okay, 466 00:21:01,120 --> 00:21:04,159 cool. Um so I guess I'll start by 467 00:21:04,159 --> 00:21:06,240 introducing myself. My name is Max 468 00:21:06,240 --> 00:21:08,799 Pedoya and I'm here on behalf of myself 469 00:21:08,799 --> 00:21:10,960 as the property owner as well as my wife 470 00:21:10,960 --> 00:21:13,280 Nina who is currently at home with our 471 00:21:13,280 --> 00:21:16,400 daughter Jane. Um 472 00:21:16,400 --> 00:21:19,679 I uh I want to talk a little bit about 473 00:21:19,679 --> 00:21:22,320 why we ended up choosing this property 474 00:21:22,320 --> 00:21:24,320 and and Woodside as a place to make our 475 00:21:24,320 --> 00:21:27,440 home. So, uh, my wife and I were 476 00:21:27,440 --> 00:21:29,919 previously living in Puerto Rico, and 477 00:21:29,919 --> 00:21:31,600 about two and a half years ago, when we 478 00:21:31,600 --> 00:21:33,280 first found out that she was pregnant 479 00:21:33,280 --> 00:21:36,159 with our daughter, we decided that it 480 00:21:36,159 --> 00:21:37,760 was time for us to find our forever 481 00:21:37,760 --> 00:21:40,240 home, as we call it. Um, so we went on 482 00:21:40,240 --> 00:21:42,480 kind of this like long exhaustive search 483 00:21:42,480 --> 00:21:45,280 of a bunch of places all around the US. 484 00:21:45,280 --> 00:21:46,799 Uh, we looked at the Pacific Northwest, 485 00:21:46,799 --> 00:21:48,320 which is where I'm originally from. We 486 00:21:48,320 --> 00:21:49,840 looked at many different places within 487 00:21:49,840 --> 00:21:51,919 the Bay Area. We looked at Southern 488 00:21:51,919 --> 00:21:54,720 California, Florida, North Carolina. Uh, 489 00:21:54,720 --> 00:21:56,159 and we actually flew out to a bunch of 490 00:21:56,159 --> 00:21:58,480 these places and and uh toured houses 491 00:21:58,480 --> 00:21:59,679 and tried to get a sense of what it 492 00:21:59,679 --> 00:22:01,760 would feel like to live there. And I 493 00:22:01,760 --> 00:22:04,240 think after all of that searching, we 494 00:22:04,240 --> 00:22:05,280 found that there was just something 495 00:22:05,280 --> 00:22:08,000 really special about Woodside that made 496 00:22:08,000 --> 00:22:10,720 it feel very unique in the sense that I 497 00:22:10,720 --> 00:22:12,000 don't really know that there's anywhere 498 00:22:12,000 --> 00:22:14,559 else in the world where you can be 499 00:22:14,559 --> 00:22:16,320 driving distance from all of the like 500 00:22:16,320 --> 00:22:18,559 dynamic industry of Silicon Valley, but 501 00:22:18,559 --> 00:22:20,720 when you're actually here in the town 502 00:22:20,720 --> 00:22:24,000 and in your neighborhood, you feel so 503 00:22:24,000 --> 00:22:26,640 kind of surrounded by and ensconcconced 504 00:22:26,640 --> 00:22:30,480 by this natural beauty. And I think that was just like a really amazing 505 00:22:30,480 --> 00:22:32,480 thing for us. Um, and it's something 506 00:22:32,480 --> 00:22:35,360 that when we talk more about like the uh 507 00:22:35,360 --> 00:22:37,520 the project itself, it's something that 508 00:22:37,520 --> 00:22:39,520 we've really tried to emphasize as we've 509 00:22:39,520 --> 00:22:42,480 been doing this renovation and uh the 510 00:22:42,480 --> 00:22:45,840 landscaping design. Um, we also really 511 00:22:45,840 --> 00:22:48,400 appreciated just the um kind of the 512 00:22:48,400 --> 00:22:50,400 tight-knit community and the sense of 513 00:22:50,400 --> 00:22:51,840 belonging that we found when we got 514 00:22:51,840 --> 00:22:54,720 here. I think it was really cool just, 515 00:22:54,720 --> 00:22:56,240 you know, we we love to get coffee at 516 00:22:56,240 --> 00:22:58,559 the Village Hub or to go to Bucks and 517 00:22:58,559 --> 00:23:00,320 it's just we're constantly running into 518 00:23:00,320 --> 00:23:02,159 people that we know and that feels very 519 00:23:02,159 --> 00:23:05,360 welcoming to us. Um so I think those two 520 00:23:05,360 --> 00:23:07,600 things together really just felt like 521 00:23:07,600 --> 00:23:09,520 something we wouldn't get anywhere else. 522 00:23:09,520 --> 00:23:13,039 for this particular property. Um, 523 00:23:13,039 --> 00:23:14,559 one of the things that we love about it 524 00:23:14,559 --> 00:23:17,600 is the it kind of accentuates that 525 00:23:17,600 --> 00:23:19,440 natural beauty that we that first 526 00:23:19,440 --> 00:23:21,760 attracted us to Woodside. As I think uh 527 00:23:21,760 --> 00:23:23,760 Melanie had mentioned, there's a lot of 528 00:23:23,760 --> 00:23:25,840 mature trees all throughout the 529 00:23:25,840 --> 00:23:28,880 property. Um, and it's also quite hilly, 530 00:23:28,880 --> 00:23:30,559 which is, you know, inconvenient for 531 00:23:30,559 --> 00:23:35,600 building things, but it creates this feeling of being kind of on the 532 00:23:35,600 --> 00:23:37,360 mountain or in the woods. It it it 533 00:23:37,360 --> 00:23:41,440 really is a a very serene property to be 534 00:23:41,440 --> 00:23:44,480 on. Uh and I think we we're trying to 535 00:23:44,480 --> 00:23:47,280 preserve that as part of our remodeling 536 00:23:47,280 --> 00:23:49,679 project and make it so that the house is 537 00:23:49,679 --> 00:23:51,679 not the main event of the property. It's 538 00:23:51,679 --> 00:23:53,760 just kind of nestled into all of the 539 00:23:53,760 --> 00:23:57,200 natural surroundings. Um 540 00:23:57,200 --> 00:24:00,400 I think uh so yeah in terms of our 541 00:24:00,400 --> 00:24:02,880 overall design goals basically one of 542 00:24:02,880 --> 00:24:04,640 the design goals that we have is we want 543 00:24:04,640 --> 00:24:07,760 to preserve the the like natural beauty 544 00:24:07,760 --> 00:24:10,720 of the property and not like override it 545 00:24:10,720 --> 00:24:13,039 with the work that we're doing. And the 546 00:24:13,039 --> 00:24:14,880 second thing is that this house, it was 547 00:24:14,880 --> 00:24:19,120 originally built in the '7s. And uh it's 548 00:24:19,120 --> 00:24:21,279 even though it's an older house, it has 549 00:24:21,279 --> 00:24:23,919 a really like charming character to it. 550 00:24:23,919 --> 00:24:26,960 And so we were particularly excited 551 00:24:26,960 --> 00:24:29,840 about this house because rather than it 552 00:24:29,840 --> 00:24:31,520 being like an older property that needed 553 00:24:31,520 --> 00:24:33,760 to be torn down and rebuilt, it was a 554 00:24:33,760 --> 00:24:36,400 property that we could build on top of 555 00:24:36,400 --> 00:24:38,960 and try to preserve and add to the 556 00:24:38,960 --> 00:24:40,559 existing character rather than 557 00:24:40,559 --> 00:24:43,039 overwriting it. And so that's been uh 558 00:24:43,039 --> 00:24:47,120 you know the the object of a lot of our 559 00:24:47,120 --> 00:24:48,480 effort and attention over the last 560 00:24:48,480 --> 00:24:50,960 couple years is figuring out how to make 561 00:24:50,960 --> 00:24:52,559 this house the best version of itself 562 00:24:52,559 --> 00:24:54,159 that it could be rather than just making 563 00:24:54,159 --> 00:24:59,200 like a new house. Um and so um so I 564 00:24:59,200 --> 00:25:01,200 guess now I'll talk about the specific 565 00:25:01,200 --> 00:25:03,200 uh issue that we're here for today which 566 00:25:03,200 --> 00:25:05,840 is the swimming pool. So, um, as Melanie 567 00:25:05,840 --> 00:25:07,200 mentioned, there was an existing 568 00:25:07,200 --> 00:25:09,039 swimming pool on the property when we 569 00:25:09,039 --> 00:25:13,039 purchased it, and, uh, that pool was a 570 00:25:13,039 --> 00:25:15,279 kind of kidney-shaped pool, and we felt 571 00:25:15,279 --> 00:25:17,120 that it was important to replace the 572 00:25:17,120 --> 00:25:18,960 pool, not just because it was in poor 573 00:25:18,960 --> 00:25:20,559 condition, having been built in the 70s 574 00:25:20,559 --> 00:25:22,640 and not maintained very well, but also 575 00:25:22,640 --> 00:25:25,200 because uh, from a safety perspective, 576 00:25:25,200 --> 00:25:29,120 it's it's much harder to to provide the 577 00:25:29,120 --> 00:25:31,360 proper safety features like an automatic 578 00:25:31,360 --> 00:25:33,760 cover when you have one of those like 579 00:25:33,760 --> 00:25:36,159 awkwardly shaped pools. And for us, you 580 00:25:36,159 --> 00:25:37,760 know, because we have one daughter and 581 00:25:37,760 --> 00:25:40,000 we have more kids that we're uh planning 582 00:25:40,000 --> 00:25:41,919 for in the future, I think that pool 583 00:25:41,919 --> 00:25:43,679 safety is very important and that's kind 584 00:25:43,679 --> 00:25:46,159 of the the driving calculus that we're 585 00:25:46,159 --> 00:25:48,640 using when we think about how to uh 586 00:25:48,640 --> 00:25:50,559 where to put the pool and how to design 587 00:25:50,559 --> 00:25:53,279 it. So, um so that was the the biggest 588 00:25:53,279 --> 00:25:56,400 reason for for needing to demolish the 589 00:25:56,400 --> 00:25:58,720 old pool, but as Melanie mentioned, 590 00:25:58,720 --> 00:26:00,720 we're basically putting the new pool in 591 00:26:00,720 --> 00:26:02,960 the same spot. We're just reshaping it 592 00:26:02,960 --> 00:26:04,720 and modernizing it. Obviously, it's 593 00:26:04,720 --> 00:26:06,240 going to have like a heat pump rather 594 00:26:06,240 --> 00:26:12,320 than the old heating system. Like, we're uh we're making the pool more 595 00:26:12,320 --> 00:26:13,679 functional and more safe than it would 596 00:26:13,679 --> 00:26:16,480 have been previously. 597 00:26:16,480 --> 00:26:19,039 Um, and I think that's everything that I 598 00:26:19,039 --> 00:26:20,480 have to say. I'm happy to answer 599 00:26:20,480 --> 00:26:22,480 questions to the best of my ability, but 600 00:26:22,480 --> 00:26:24,640 we also have the architect Peter here, 601 00:26:24,640 --> 00:26:26,159 um, who can answer more detailed 602 00:26:26,159 --> 00:26:27,520 questions if I don't know how to 603 00:26:27,520 --> 00:26:30,000 respond. 604 00:26:30,000 --> 00:26:31,600 >> All right. Thank you. Uh, Peter, did you 605 00:26:31,600 --> 00:26:34,080 want to present anything um before 606 00:26:34,080 --> 00:26:39,909 questions or Okay, thank you. 607 00:26:39,919 --> 00:26:43,600 » Uh, Peter Mason, Mason Architects. Um, 608 00:26:43,600 --> 00:26:45,600 what you see behind what you see on the 609 00:26:45,600 --> 00:26:49,440 screen is the um renderings 610 00:26:49,440 --> 00:26:51,919 uh of the house. I think the thing to 611 00:26:51,919 --> 00:26:53,919 point out is is kind of the relationship 612 00:26:53,919 --> 00:26:56,640 of the house and the areas within it. 613 00:26:56,640 --> 00:27:00,480 So, this is the uh kitchen area and the 614 00:27:00,480 --> 00:27:01,840 family room. And then this is their 615 00:27:01,840 --> 00:27:04,720 outdoor d dining dining and family 616 00:27:04,720 --> 00:27:07,679 entertainment zone. And it has a very 617 00:27:07,679 --> 00:27:10,000 it's the same relationship as the old 618 00:27:10,000 --> 00:27:13,200 pool, but it's a little bit more um 619 00:27:13,200 --> 00:27:15,200 adjusted and sophisticated in terms of 620 00:27:15,200 --> 00:27:16,880 what's there and how to get the the 621 00:27:16,880 --> 00:27:21,120 thing to integrate together. So, um, 622 00:27:21,120 --> 00:27:22,880 one of the big thing we wanted to talk 623 00:27:22,880 --> 00:27:24,960 about and what what we've done similar 624 00:27:24,960 --> 00:27:26,880 to what we did on a project we came in 625 00:27:26,880 --> 00:27:30,080 here last year for, which was how to 626 00:27:30,080 --> 00:27:33,840 mitigate the noise from the generator 627 00:27:33,840 --> 00:27:37,039 and the pumps that are u there. So, this 628 00:27:37,039 --> 00:27:39,919 is off to the side. There's a detail on 629 00:27:39,919 --> 00:27:42,960 this on the um, 630 00:27:42,960 --> 00:27:44,960 Shangri, you want to go to the last 631 00:27:44,960 --> 00:27:49,360 thing? Okay. So, uh, what we're doing is 632 00:27:49,360 --> 00:27:51,919 we're building an enclosure that has a 633 00:27:51,919 --> 00:27:54,399 sound attenuation around the outside of 634 00:27:54,399 --> 00:27:57,120 it, so it cuts it down substantially. 635 00:27:57,120 --> 00:27:59,200 And then we've chosen, like we did 636 00:27:59,200 --> 00:28:01,440 before, we've gotten the quietest pumps 637 00:28:01,440 --> 00:28:03,039 possible. 638 00:28:03,039 --> 00:28:05,279 And the same thing with the generator. 639 00:28:05,279 --> 00:28:08,559 It's a it's a um 640 00:28:08,559 --> 00:28:11,760 it's a very quiet one. Uh, and I think 641 00:28:11,760 --> 00:28:14,480 that I think that mitigates whatever 200 642 00:28:14,480 --> 00:28:15,760 feet away, you're not going to hear a 643 00:28:15,760 --> 00:28:17,039 thing. 644 00:28:17,039 --> 00:28:19,760 So, that's I think the rest of it is 645 00:28:19,760 --> 00:28:23,440 pretty self-explanatory and that, but um 646 00:28:23,440 --> 00:28:25,679 I'm going to point that out. Do you have 647 00:28:25,679 --> 00:28:27,919 any other questions? 648 00:28:27,919 --> 00:28:29,919 >> Uh I do not 649 00:28:29,919 --> 00:28:33,279 >> I do not have further questions. 650 00:28:33,279 --> 00:28:36,720 >> Um no question. Just uh not not even a 651 00:28:36,720 --> 00:28:40,000 comment. Uh have has the uh owner 652 00:28:40,000 --> 00:28:41,919 actually done any remodeling on the 653 00:28:41,919 --> 00:28:42,559 home? 654 00:28:42,559 --> 00:28:44,159 >> Oh, yeah. We've we've got permits for 655 00:28:44,159 --> 00:28:45,600 that. They've done they're doing an 656 00:28:45,600 --> 00:28:47,840 expansion on one of the other wings 657 00:28:47,840 --> 00:28:50,799 >> to add bedrooms for their family and 658 00:28:50,799 --> 00:28:53,039 family other family spaces and they're 659 00:28:53,039 --> 00:28:54,880 remodeling the entire inside. 660 00:28:54,880 --> 00:28:56,159 >> So that's ongoing or 661 00:28:56,159 --> 00:28:59,044 >> it's ongoing and someday it'll be done. 662 00:28:59,044 --> 00:28:59,760 [laughter] 663 00:28:59,760 --> 00:29:03,110 >> Right. 664 00:29:03,120 --> 00:29:05,200 » No further questions. 665 00:29:05,200 --> 00:29:07,840 >> Uh any members of the public uh that 666 00:29:07,840 --> 00:29:10,799 would like to comment on this? 667 00:29:10,799 --> 00:29:11,919 No. 668 00:29:11,919 --> 00:29:13,279 >> You would you be able to approach the 669 00:29:13,279 --> 00:29:16,549 mic, please? 670 00:29:16,559 --> 00:29:19,039 My name's Bill Gilbert. I live at 500 671 00:29:19,039 --> 00:29:21,600 Olive Hill Lane. I would like to know 672 00:29:21,600 --> 00:29:23,360 where 673 00:29:23,360 --> 00:29:26,000 >> Oh, where that house 674 00:29:26,000 --> 00:29:28,960 is in relation to mine 675 00:29:28,960 --> 00:29:32,480 cuz my our numbers are off. I'm 500. I'm 676 00:29:32,480 --> 00:29:39,909 at the corner of Albon and Olive Hill. 677 00:29:39,919 --> 00:29:44,559 » Are you my neighbor? I so so [laughter] 678 00:29:44,559 --> 00:29:45,919 we we'll pull up the map and I'll I'll 679 00:29:45,919 --> 00:29:48,320 show the the location here. 680 00:29:48,320 --> 00:29:49,120 >> So 681 00:29:49,120 --> 00:29:51,919 >> 566 feet away. [laughter] 682 00:29:51,919 --> 00:29:53,760 >> So uh 683 00:29:53,760 --> 00:29:55,840 >> you're in the next county per per Google 684 00:29:55,840 --> 00:29:56,640 Earth. 685 00:29:56,640 --> 00:29:58,720 >> This is it's it's as you go into where 686 00:29:58,720 --> 00:30:00,799 the private road is on Olive Hill. So 687 00:30:00,799 --> 00:30:02,720 once you pass the uh pylons that are 688 00:30:02,720 --> 00:30:04,240 right there, you're driving into the 689 00:30:04,240 --> 00:30:06,960 private road portion. It's behind that. 690 00:30:06,960 --> 00:30:10,399 >> And so Melanie will show it here. So, 691 00:30:10,399 --> 00:30:11,600 oh, you're between 692 00:30:11,600 --> 00:30:14,000 >> the white 693 00:30:14,000 --> 00:30:14,960 pillars. 694 00:30:14,960 --> 00:30:16,240 >> You see there on the map? 695 00:30:16,240 --> 00:30:17,679 >> You drive through the pillars and where 696 00:30:17,679 --> 00:30:19,600 the house. 697 00:30:19,600 --> 00:30:21,840 >> Oh, okay. 698 00:30:21,840 --> 00:30:30,070 >> No problem. Okay. Thank you. 699 00:30:30,080 --> 00:30:32,159 » Hill. 700 00:30:32,159 --> 00:30:32,960 >> Okay. Yeah. 701 00:30:32,960 --> 00:30:38,870 >> Okay. Thank you. Thank you. 702 00:30:38,880 --> 00:30:48,549 Uh any any other public comments? 703 00:30:48,559 --> 00:30:51,760 » Okay. Um so if there's anyone online 704 00:30:51,760 --> 00:30:53,039 would like to speak, please use the 705 00:30:53,039 --> 00:30:56,480 raise hand function. 706 00:30:56,480 --> 00:31:01,430 Seeing none. 707 00:31:01,440 --> 00:31:03,120 All right. Well, then we'll move to 708 00:31:03,120 --> 00:31:05,360 deliberation. Uh Lyle, do you want to do 709 00:31:05,360 --> 00:31:06,720 the honors? 710 00:31:06,720 --> 00:31:10,799 Um I visited the property on Monday 711 00:31:10,799 --> 00:31:15,520 and it was pretty clear that both the 712 00:31:15,520 --> 00:31:18,080 uh uh um from the report and then 713 00:31:18,080 --> 00:31:23,440 looking at the site that the old pool um 714 00:31:23,440 --> 00:31:26,640 was inside the side set back as is the 715 00:31:26,640 --> 00:31:30,799 new pool. Um, in this particular case, 716 00:31:30,799 --> 00:31:34,159 it's it is apparently not an issue for 717 00:31:34,159 --> 00:31:35,760 the neighbors because the neighboring 718 00:31:35,760 --> 00:31:38,080 property is the Green Gables estate and 719 00:31:38,080 --> 00:31:40,559 the nearest structure is on the order of 720 00:31:40,559 --> 00:31:45,679 like 250 or 300 ft away. So, they're not 721 00:31:45,679 --> 00:31:49,360 intruding into anyone else's backyard. 722 00:31:49,360 --> 00:31:52,559 and it seems to be the logical thing to 723 00:31:52,559 --> 00:31:54,960 do since the site is already uh 724 00:31:54,960 --> 00:31:57,200 disturbed and I have no problem making 725 00:31:57,200 --> 00:32:02,230 the findings and approving this. 726 00:32:02,240 --> 00:32:04,320 » Yeah, I I agree with uh everything 727 00:32:04,320 --> 00:32:06,480 there. Just make a comment that probably 728 00:32:06,480 --> 00:32:08,960 the old pool equipment was noisier than 729 00:32:08,960 --> 00:32:12,880 the new pool equipment. So So it's uh 730 00:32:12,880 --> 00:32:15,840 it's a benefit if anything. And then the 731 00:32:15,840 --> 00:32:18,559 safety issue with the uh automatic cover 732 00:32:18,559 --> 00:32:22,080 for the pool is another plus. So I 733 00:32:22,080 --> 00:32:24,240 agree. 734 00:32:24,240 --> 00:32:26,159 >> Yeah, I don't have too much further to 735 00:32:26,159 --> 00:32:27,679 add on the the substance of it. I think 736 00:32:27,679 --> 00:32:29,679 I mean it's in the same location as the 737 00:32:29,679 --> 00:32:33,360 old one. Uh actually recently moved to a 738 00:32:33,360 --> 00:32:35,200 place with a kidneyshaped pool as well. 739 00:32:35,200 --> 00:32:36,399 So we're going through the same thought 740 00:32:36,399 --> 00:32:39,519 process on on covers. Um so your 741 00:32:39,519 --> 00:32:41,519 bedroom's not adjacent to it, but not 742 00:32:41,519 --> 00:32:43,200 having frogs in there will save you a 743 00:32:43,200 --> 00:32:44,720 lot of sound. 744 00:32:44,720 --> 00:32:46,799 because there's 70 dB in our bedroom at 745 00:32:46,799 --> 00:32:48,799 night. Uh, not that you all care about 746 00:32:48,799 --> 00:32:50,240 that, but no, I mean, in general, I 747 00:32:50,240 --> 00:32:51,600 think the other thing I just want to say 748 00:32:51,600 --> 00:32:56,720 is kind of commending you all for uh for finding that house and and improving 749 00:32:56,720 --> 00:32:58,720 it in place. We see a lot of similar 750 00:32:58,720 --> 00:33:00,000 structures that kind of face the 751 00:33:00,000 --> 00:33:01,679 wrecking ball. So, it's it's cool to see 752 00:33:01,679 --> 00:33:05,679 one of the the kind of older rambling um 753 00:33:05,679 --> 00:33:08,080 type of houses kind of survive the 754 00:33:08,080 --> 00:33:09,519 transfer of ownership. So, I just think 755 00:33:09,519 --> 00:33:12,960 that's that's cool. Um, as well, but I 756 00:33:12,960 --> 00:33:14,640 have no problem making the findings uh 757 00:33:14,640 --> 00:33:17,279 either. 758 00:33:17,279 --> 00:33:20,320 Would anyone like to make a motion? 759 00:33:20,320 --> 00:33:23,519 >> A motion to approve the draft resolution 760 00:33:23,519 --> 00:33:26,640 uh for allowing the new pool within the 761 00:33:26,640 --> 00:33:31,039 setback for 301 Olive Hill Lane. 762 00:33:31,039 --> 00:33:34,559 >> And I would second that motion. 763 00:33:34,559 --> 00:33:35,440 >> Chair Gar. 764 00:33:35,440 --> 00:33:36,000 >> Yes. 765 00:33:36,000 --> 00:33:37,120 >> Commissioner Gerko. 766 00:33:37,120 --> 00:33:38,720 >> Yes. Commissioner Weaver. 767 00:33:38,720 --> 00:33:41,279 >> Yes. 768 00:33:41,279 --> 00:33:44,080 >> Right. Um, congratulations. Uh, with 769 00:33:44,080 --> 00:33:46,960 that, we have an appeal on this one. 770 00:33:46,960 --> 00:33:49,279 >> Yeah. So, there there's a 10-day appeal 771 00:33:49,279 --> 00:33:51,120 period. Um, so anyone who would like to 772 00:33:51,120 --> 00:33:53,600 file an appeal would contact the deputy 773 00:33:53,600 --> 00:33:54,880 town clerk. 774 00:33:54,880 --> 00:33:57,919 >> All right. Thank you. Okay. We will move 775 00:33:57,919 --> 00:34:02,000 on to the fourth and final item, which 776 00:34:02,000 --> 00:34:05,360 is one Montalina Court. 777 00:34:05,360 --> 00:34:07,039 Uh and Sage I believe that's you 778 00:34:07,039 --> 00:34:09,839 >> is me. Thank you. Um so 779 00:34:09,839 --> 00:34:11,760 uh 780 00:34:11,760 --> 00:34:13,440 yes just to explain the process for the 781 00:34:13,440 --> 00:34:14,879 public I'll give a brief presentation. 782 00:34:14,879 --> 00:34:16,480 There'll be questions of staff. The 783 00:34:16,480 --> 00:34:17,839 applicant will have an opportunity and 784 00:34:17,839 --> 00:34:19,280 then any members of the public who would 785 00:34:19,280 --> 00:34:22,399 like to speak can speak. Um so let's 786 00:34:22,399 --> 00:34:40,629 provide a brief presentation. 787 00:34:40,639 --> 00:34:43,200 Okay. Um, so, uh, just give a little 788 00:34:43,200 --> 00:34:45,440 brief background. Back in 1986, the 789 00:34:45,440 --> 00:34:47,679 properties were subdivided, um, from a 790 00:34:47,679 --> 00:34:50,399 previous property owner. Uh, the 791 00:34:50,399 --> 00:34:53,679 multiple easements were, um, included 792 00:34:53,679 --> 00:34:55,520 with the parcel map that was approved 793 00:34:55,520 --> 00:34:58,720 and recorded, um, approved by the town 794 00:34:58,720 --> 00:35:01,359 and recorded at the county. the 795 00:35:01,359 --> 00:35:03,359 property. One of the easements is a 796 00:35:03,359 --> 00:35:04,960 conservation easement that's 80 feet 797 00:35:04,960 --> 00:35:07,599 wide along the frontage of parcel one 798 00:35:07,599 --> 00:35:09,920 which is one Montilena Lane and then 799 00:35:09,920 --> 00:35:12,800 parcel 3 which is two Montelena Lane. Um 800 00:35:12,800 --> 00:35:14,560 those two parcels have the conservation 801 00:35:14,560 --> 00:35:16,960 easement. I do want to note that um 802 00:35:16,960 --> 00:35:19,280 beyond these properties on either side 803 00:35:19,280 --> 00:35:21,200 there are no connecting conservation 804 00:35:21,200 --> 00:35:22,400 easements. 805 00:35:22,400 --> 00:35:25,599 >> Um and uh even this these two 806 00:35:25,599 --> 00:35:26,880 conservation easements actually don't 807 00:35:26,880 --> 00:35:28,240 adjoin each other. They're split 808 00:35:28,240 --> 00:35:32,800 bisected by Montilena Corps. Um the 809 00:35:32,800 --> 00:35:34,320 applicant 810 00:35:34,320 --> 00:35:38,320 uh is um has been pursuing uh a desire 811 00:35:38,320 --> 00:35:41,599 to install an ADU on the property and uh 812 00:35:41,599 --> 00:35:43,359 this property is unique in that it does 813 00:35:43,359 --> 00:35:45,200 have different constraints. Although 814 00:35:45,200 --> 00:35:48,079 it's over a little over 3 acres, um the 815 00:35:48,079 --> 00:35:50,400 property has the easement constraints 816 00:35:50,400 --> 00:35:51,920 and part of one of those easement 817 00:35:51,920 --> 00:35:53,599 constraints is what's called a storm 818 00:35:53,599 --> 00:35:56,160 drain easement. Uh but it's a kind of a 819 00:35:56,160 --> 00:35:57,839 mixture of a drainage ditch and some 820 00:35:57,839 --> 00:36:00,320 underground pipes. Um so you can see 821 00:36:00,320 --> 00:36:02,160 that kind of weaving through the 822 00:36:02,160 --> 00:36:04,160 property in this location where my 823 00:36:04,160 --> 00:36:10,880 cursor is. Um so that bicts uh from the kind of the western part of the 824 00:36:10,880 --> 00:36:12,560 property where the conservation easement 825 00:36:12,560 --> 00:36:16,079 is uh from kind of the eastern part of 826 00:36:16,079 --> 00:36:19,599 the property. And the you'll notice that 827 00:36:19,599 --> 00:36:20,960 there's the main residence already 828 00:36:20,960 --> 00:36:22,480 constructed. There's a barn that's 829 00:36:22,480 --> 00:36:24,800 already constructed. Um, and then a 830 00:36:24,800 --> 00:36:26,560 riding arena and turnout area for the 831 00:36:26,560 --> 00:36:28,960 horses. Um, there's a driveway with a 832 00:36:28,960 --> 00:36:33,599 turnaround on that. Um, and in order to 833 00:36:33,599 --> 00:36:36,000 make an ADU work on this property, it's 834 00:36:36,000 --> 00:36:38,320 likely it really has to be located in 835 00:36:38,320 --> 00:36:39,760 the area where this conservation 836 00:36:39,760 --> 00:36:41,599 easement is today. 837 00:36:41,599 --> 00:36:44,800 um because uh it's not only the building 838 00:36:44,800 --> 00:36:47,520 itself but the other uh thing that comes 839 00:36:47,520 --> 00:36:50,720 with the building is septic system and 840 00:36:50,720 --> 00:36:53,359 um that often takes a very large area of 841 00:36:53,359 --> 00:36:55,599 land. So you'll see that this is a 842 00:36:55,599 --> 00:36:57,839 percolation test that the applicant is 843 00:36:57,839 --> 00:36:59,440 pursuing 844 00:36:59,440 --> 00:37:02,400 um if the easement can be formally 845 00:37:02,400 --> 00:37:04,400 abandoned and then they can come in with 846 00:37:04,400 --> 00:37:06,560 their permits for an ADU or potentially 847 00:37:06,560 --> 00:37:08,240 two ADUs if they can fit. it would be up 848 00:37:08,240 --> 00:37:10,079 to them uh but they would have that 849 00:37:10,079 --> 00:37:13,839 potential. So in removing this this 850 00:37:13,839 --> 00:37:16,880 process is to uh it's two steps. So the 851 00:37:16,880 --> 00:37:18,880 first step is what we are uh doing 852 00:37:18,880 --> 00:37:21,040 tonight and that is to look for 853 00:37:21,040 --> 00:37:23,760 conformance with the general plan and 854 00:37:23,760 --> 00:37:25,119 really a better way to kind of think 855 00:37:25,119 --> 00:37:26,960 about that is does this proposal 856 00:37:26,960 --> 00:37:29,119 conflict with anything in the general 857 00:37:29,119 --> 00:37:31,440 plan? Is this specific conservation 858 00:37:31,440 --> 00:37:33,040 easement called out for some specific 859 00:37:33,040 --> 00:37:35,520 use in the general plan? Um and it is 860 00:37:35,520 --> 00:37:39,440 not uh it is you know there are policies 861 00:37:39,440 --> 00:37:42,079 about retaining open space and 862 00:37:42,079 --> 00:37:44,800 conservation areas. Um as outlined in 863 00:37:44,800 --> 00:37:46,880 the staff report this is immediately 864 00:37:46,880 --> 00:37:48,960 adjacent to highway 84. There is no 865 00:37:48,960 --> 00:37:51,760 connectivity to other uh conservation or 866 00:37:51,760 --> 00:37:54,240 open space easements. um it does not 867 00:37:54,240 --> 00:37:56,960 provide any significant habitat value 868 00:37:56,960 --> 00:38:02,079 and we do have now as many are aware uh 869 00:38:02,079 --> 00:38:04,240 much more interest and mandates from the 870 00:38:04,240 --> 00:38:06,960 state to increase housing numbers um 871 00:38:06,960 --> 00:38:08,560 given the other constraints on this 872 00:38:08,560 --> 00:38:10,960 property. Uh staff has kind of weighed 873 00:38:10,960 --> 00:38:12,560 the different policies of the general 874 00:38:12,560 --> 00:38:15,839 plan and we do have determined that this 875 00:38:15,839 --> 00:38:17,839 proposal is consistent with the general 876 00:38:17,839 --> 00:38:20,320 plan. Uh we do recommend approval of the 877 00:38:20,320 --> 00:38:22,320 project. And one thing I forgot to note 878 00:38:22,320 --> 00:38:25,520 is I do want to also note that there is 879 00:38:25,520 --> 00:38:28,320 this what's called a multi-safety trail 880 00:38:28,320 --> 00:38:30,480 easement. Um it's not currently active, 881 00:38:30,480 --> 00:38:32,560 but that's immediately adjacent to 882 00:38:32,560 --> 00:38:34,960 Woodside Road. That would not be removed 883 00:38:34,960 --> 00:38:36,480 as part of this. I just want to clarify 884 00:38:36,480 --> 00:38:39,920 that. And on that parcel map, um it's 885 00:38:39,920 --> 00:38:41,599 actually quite common. You'll see on 886 00:38:41,599 --> 00:38:43,839 parcel maps that are adjacent to a very 887 00:38:43,839 --> 00:38:46,160 busy road, uh they have these little 888 00:38:46,160 --> 00:38:49,760 dash marks. I can even show you. Um, and 889 00:38:49,760 --> 00:38:52,400 these uh little hatch marks here are 890 00:38:52,400 --> 00:38:54,640 indicating that it's non-access. Um, so 891 00:38:54,640 --> 00:38:56,160 this would not be considered the front 892 00:38:56,160 --> 00:38:58,560 property line. Uh, giving it enough 893 00:38:58,560 --> 00:39:01,520 space for the ADU. The Montelina Court 894 00:39:01,520 --> 00:39:03,440 is considered the front property line. 895 00:39:03,440 --> 00:39:04,640 Uh, so they would just have to stay 896 00:39:04,640 --> 00:39:06,640 further away from Montelina Court, but 897 00:39:06,640 --> 00:39:08,880 still have the ability to place one or 898 00:39:08,880 --> 00:39:11,119 more ADUs in this area of the property 899 00:39:11,119 --> 00:39:13,280 as well as the septic system. Um so 900 00:39:13,280 --> 00:39:15,200 again to clarify staff does recommend 901 00:39:15,200 --> 00:39:17,839 approval of this and if the planning 902 00:39:17,839 --> 00:39:23,119 commission finds that um it can uh that 903 00:39:23,119 --> 00:39:25,040 this project is in conformance with the 904 00:39:25,040 --> 00:39:28,560 general plan then it will go to the town 905 00:39:28,560 --> 00:39:31,520 council on July 28th and they can take 906 00:39:31,520 --> 00:39:34,320 formal action um to approve the 907 00:39:34,320 --> 00:39:37,280 abandonment if they make the findings. 908 00:39:37,280 --> 00:39:40,079 That concludes my presentation. 909 00:39:40,079 --> 00:39:41,920 Only question I have. So in this in this 910 00:39:41,920 --> 00:39:45,760 diagram the the 15 MSTE is the two 911 00:39:45,760 --> 00:39:48,000 remains. So it's really not 80 that's 912 00:39:48,000 --> 00:39:49,119 going 913 00:39:49,119 --> 00:39:52,000 >> they overlap, right? So the the easement 914 00:39:52,000 --> 00:39:55,200 is 80 ft and then trail easement is 15 915 00:39:55,200 --> 00:39:56,960 ft within that 80 ft 916 00:39:56,960 --> 00:39:58,960 >> but effectively there's 65 ft that are 917 00:39:58,960 --> 00:39:59,760 coming out of the 918 00:39:59,760 --> 00:40:01,440 >> uh Yeah. Right. So they wouldn't be able 919 00:40:01,440 --> 00:40:03,839 to put a building in the easement. 920 00:40:03,839 --> 00:40:05,599 >> Um so anything would still I'm sorry and 921 00:40:05,599 --> 00:40:07,359 to clarify that trail easement. 922 00:40:07,359 --> 00:40:09,040 >> Okay. Then the setbacks will still be 923 00:40:09,040 --> 00:40:10,240 from Woodside Road. 924 00:40:10,240 --> 00:40:11,839 >> It will be it'll be from Woodside Road. 925 00:40:11,839 --> 00:40:14,079 It's a side property line. So, as we 926 00:40:14,079 --> 00:40:16,320 note that there are reduced setbacks for 927 00:40:16,320 --> 00:40:18,480 ADUs on side property lines, but they 928 00:40:18,480 --> 00:40:19,760 will have to stay outside of the trail 929 00:40:19,760 --> 00:40:22,640 easement. Um, and they'll still need to 930 00:40:22,640 --> 00:40:24,000 meet the front setback. 931 00:40:24,000 --> 00:40:26,320 >> And how will that usually with ADUs it 932 00:40:26,320 --> 00:40:29,119 can be as low as four with the So, 933 00:40:29,119 --> 00:40:30,480 that's from the property line. So, they 934 00:40:30,480 --> 00:40:32,640 could get because of this 15 ft, they 935 00:40:32,640 --> 00:40:35,599 would already meet that. Um, so the ADU 936 00:40:35,599 --> 00:40:37,680 could theoretically be as close as on 937 00:40:37,680 --> 00:40:38,400 the 938 00:40:38,400 --> 00:40:40,160 >> it could be adjacent to the trail 939 00:40:40,160 --> 00:40:43,680 easement. Um, and uh I should note that 940 00:40:43,680 --> 00:40:45,359 you know 941 00:40:45,359 --> 00:40:47,200 up to 800 square f feet of that would be 942 00:40:47,200 --> 00:40:50,000 the case. 943 00:40:50,000 --> 00:40:54,790 >> Okay, that's all the questions I have. 944 00:40:54,800 --> 00:41:00,800 Um, Sage, um, if the staff has looked at 945 00:41:00,800 --> 00:41:04,480 this and is of the opinion that the only 946 00:41:04,480 --> 00:41:07,040 place to put an ADU on this property 947 00:41:07,040 --> 00:41:08,720 would be within the conservation 948 00:41:08,720 --> 00:41:11,680 easement. Where does this property stand 949 00:41:11,680 --> 00:41:15,520 right now with respect to reaching its 950 00:41:15,520 --> 00:41:17,760 maximum amount of hardscape and 951 00:41:17,760 --> 00:41:19,280 developed area? 952 00:41:19,280 --> 00:41:21,200 >> That's a good question. haven't analyzed 953 00:41:21,200 --> 00:41:25,200 the details of the hardscape. Um, 954 00:41:25,200 --> 00:41:27,359 eyeballing it there, you know, all of 955 00:41:27,359 --> 00:41:30,240 the the Ryan arenas, those are all 956 00:41:30,240 --> 00:41:32,400 exempt. Um, it doesn't have a lot of 957 00:41:32,400 --> 00:41:34,079 paved area other than the driveway 958 00:41:34,079 --> 00:41:35,680 itself, which a good portion of that 959 00:41:35,680 --> 00:41:38,640 gets exempt. Uh, the turnaround gets 960 00:41:38,640 --> 00:41:40,400 exempt. Uh, so we're kind of really 961 00:41:40,400 --> 00:41:41,920 looking at the back patio and pool 962 00:41:41,920 --> 00:41:44,960 areas. uh they definitely have uh I have 963 00:41:44,960 --> 00:41:46,319 looked at I don't know the exact numbers 964 00:41:46,319 --> 00:41:47,760 but they have more than enough room from 965 00:41:47,760 --> 00:41:50,240 a floor area standpoint as well as we 966 00:41:50,240 --> 00:41:51,839 have some exemptions for floor area on 967 00:41:51,839 --> 00:41:55,680 ADUs. Um so you know it's one the ADU 968 00:41:55,680 --> 00:41:57,839 but also two what needs to accompany 969 00:41:57,839 --> 00:42:00,480 that ADU the with the utilities meaning 970 00:42:00,480 --> 00:42:16,710 the septic system 971 00:42:16,720 --> 00:42:19,520 uh then we can move on to the applicant 972 00:42:19,520 --> 00:42:22,870 presentation. 973 00:42:22,880 --> 00:42:24,560 Uh, Rebecca, would you like to do a 974 00:42:24,560 --> 00:42:33,190 presentation? It's up to you. Um, 975 00:42:33,200 --> 00:42:35,839 » a big difference. 976 00:42:35,839 --> 00:42:38,240 >> Okay. 977 00:42:38,240 --> 00:42:40,720 Well, I want to thank you for giving me 978 00:42:40,720 --> 00:42:43,200 an opportunity to address the town on 979 00:42:43,200 --> 00:42:46,000 the issues blocking the path to our ADU 980 00:42:46,000 --> 00:42:48,160 permitting. I'm going to go into things 981 00:42:48,160 --> 00:42:50,240 that are going to be pretty hardedged 982 00:42:50,240 --> 00:42:52,319 and I don't mean to, but we were very 983 00:42:52,319 --> 00:42:53,920 shocked and dismayed by our 984 00:42:53,920 --> 00:42:57,040 representation in the report and we need 985 00:42:57,040 --> 00:43:00,480 to clarify a lot of um situations. 986 00:43:00,480 --> 00:43:02,400 So, first I need to address the number 987 00:43:02,400 --> 00:43:04,400 of fallacies and inaccuracies in this 988 00:43:04,400 --> 00:43:06,640 report as well as explain the situation 989 00:43:06,640 --> 00:43:09,040 over the years since the report is not 990 00:43:09,040 --> 00:43:11,040 completely accurate and puts us in a 991 00:43:11,040 --> 00:43:13,760 negative light. The quote conservation 992 00:43:13,760 --> 00:43:15,760 easement end quote was never created 993 00:43:15,760 --> 00:43:18,640 properly or legally. No reason was ever 994 00:43:18,640 --> 00:43:20,800 given for having a conservation easement 995 00:43:20,800 --> 00:43:22,720 and literally no one knows why it was 996 00:43:22,720 --> 00:43:25,839 ever needed nor what it conserves. A 997 00:43:25,839 --> 00:43:28,560 note on the plat does not constitute a 998 00:43:28,560 --> 00:43:30,960 contract. A contract has six legal 999 00:43:30,960 --> 00:43:32,720 requirements and this note does not meet 1000 00:43:32,720 --> 00:43:35,680 any of them. Thus, it is it has no legal 1001 00:43:35,680 --> 00:43:37,359 standing as a contract. And I don't know 1002 00:43:37,359 --> 00:43:39,760 if you've even gone over Sage, do they 1003 00:43:39,760 --> 00:43:42,560 know that the only reference to a 1004 00:43:42,560 --> 00:43:44,800 conservation easement is that one note 1005 00:43:44,800 --> 00:43:46,800 on the plat map? 1006 00:43:46,800 --> 00:43:49,119 >> Yes, the the e it's been explained that 1007 00:43:49,119 --> 00:43:51,520 the easement is from the subdivision 1008 00:43:51,520 --> 00:43:52,560 map. 1009 00:43:52,560 --> 00:43:54,960 >> Okay. Um 1010 00:43:54,960 --> 00:43:57,359 a contract must be drawn between two 1011 00:43:57,359 --> 00:43:59,760 willing legal parties who can sign and 1012 00:43:59,760 --> 00:44:02,160 perform the responsibilities of the same 1013 00:44:02,160 --> 00:44:05,119 contract. This conservation easement was 1014 00:44:05,119 --> 00:44:06,800 dedicated to quote the residents of 1015 00:44:06,800 --> 00:44:09,520 Woodside and their guests end quote. 1016 00:44:09,520 --> 00:44:11,520 That group is not a legal entity that 1017 00:44:11,520 --> 00:44:14,000 can be party to a contract. Who would 1018 00:44:14,000 --> 00:44:17,040 sign it? Who would be responsible out of 1019 00:44:17,040 --> 00:44:19,440 the, you know, residents of Woodside and 1020 00:44:19,440 --> 00:44:22,079 their guests. Thus, this platmap note 1021 00:44:22,079 --> 00:44:25,119 does not constitute a contract. Further, 1022 00:44:25,119 --> 00:44:26,800 conservation easements can only be 1023 00:44:26,800 --> 00:44:29,359 legally dedicated to three entities: 1024 00:44:29,359 --> 00:44:31,599 civic organizations, conservation 1025 00:44:31,599 --> 00:44:34,960 groups, or tribes. Quote, "The residents 1026 00:44:34,960 --> 00:44:36,480 of Woodside and their guests," end 1027 00:44:36,480 --> 00:44:38,319 quote, is none of these, and thus they 1028 00:44:38,319 --> 00:44:40,480 cannot receive, hold, or administer a 1029 00:44:40,480 --> 00:44:42,640 conservation easement. Thus, this 1030 00:44:42,640 --> 00:44:44,480 conservation easement is not dedicated 1031 00:44:44,480 --> 00:44:47,280 to any legal holder. Additionally, there 1032 00:44:47,280 --> 00:44:49,440 are only two documents with reference to 1033 00:44:49,440 --> 00:44:53,040 this easement. the plat map note and a 1034 00:44:53,040 --> 00:44:54,720 mention in minutes of a meeting of 1035 00:44:54,720 --> 00:44:57,839 acceptance in which the town accepts the 1036 00:44:57,839 --> 00:45:00,800 easement. It's uh council resolution 1037 00:45:00,800 --> 00:45:03,680 1984-4130 1038 00:45:03,680 --> 00:45:05,760 something. I'm sorry I didn't write it 1039 00:45:05,760 --> 00:45:08,079 down here. A different entity cannot 1040 00:45:08,079 --> 00:45:10,720 usurp and take over a dedication made to 1041 00:45:10,720 --> 00:45:13,599 another group. The plat conservation 1042 00:45:13,599 --> 00:45:15,280 easement was dedicated to the residents 1043 00:45:15,280 --> 00:45:17,440 of Woodside and their guests, not to the 1044 00:45:17,440 --> 00:45:19,440 town of Woodside. 1045 00:45:19,440 --> 00:45:22,480 As Joan Gallow, our attorney at the 1046 00:45:22,480 --> 00:45:25,920 time, stated in her email of uh 12 of 1047 00:45:25,920 --> 00:45:29,440 December 10th, 2007, without a proper 1048 00:45:29,440 --> 00:45:31,599 instrument of conveyance, the town is 1049 00:45:31,599 --> 00:45:33,520 not free to guess at its purpose or to 1050 00:45:33,520 --> 00:45:36,000 whom it was dedicated. Thus, with no 1051 00:45:36,000 --> 00:45:38,240 purpose, no legal contract, and no 1052 00:45:38,240 --> 00:45:40,800 dedication to the town itself, the town 1053 00:45:40,800 --> 00:45:43,680 cannot claim this easement. Thus, again, 1054 00:45:43,680 --> 00:45:46,720 the town has no conservation easement. 1055 00:45:46,720 --> 00:45:48,480 Finally, creating a conservation 1056 00:45:48,480 --> 00:45:51,119 easement is a complex process with many 1057 00:45:51,119 --> 00:45:53,599 specific requirements, none of which is 1058 00:45:53,599 --> 00:45:57,359 met by this uh map note. First, it must 1059 00:45:57,359 --> 00:46:00,319 define the conservation purpose. It must 1060 00:46:00,319 --> 00:46:02,640 draw up a contract clearly stating what 1061 00:46:02,640 --> 00:46:05,119 is to be protected and why. Then, an 1062 00:46:05,119 --> 00:46:07,200 appraisal of the land is needed. Then, 1063 00:46:07,200 --> 00:46:09,920 remuneration or benefit must be given. A 1064 00:46:09,920 --> 00:46:12,400 baseline study of the conserved items is 1065 00:46:12,400 --> 00:46:15,440 required. and annual reports on same are 1066 00:46:15,440 --> 00:46:17,040 needed as proof of responsible 1067 00:46:17,040 --> 00:46:18,560 stewardship. 1068 00:46:18,560 --> 00:46:20,560 The holder of the conservation easement 1069 00:46:20,560 --> 00:46:23,680 must always defend it and if changes are 1070 00:46:23,680 --> 00:46:27,119 needed a formal amendment process must 1071 00:46:27,119 --> 00:46:29,119 be followed. Not one of these 1072 00:46:29,119 --> 00:46:31,520 requirements is met by this plat mapap 1073 00:46:31,520 --> 00:46:34,480 note. Thus again there is no properly 1074 00:46:34,480 --> 00:46:36,960 created conservation easement. When 1075 00:46:36,960 --> 00:46:38,800 these legal findings were presented to 1076 00:46:38,800 --> 00:46:42,400 the town in 2007 and 2008 by Joan Gallow 1077 00:46:42,400 --> 00:46:44,800 Esquire, the town recognized the 1078 00:46:44,800 --> 00:46:46,960 validity of her legal analysis and 1079 00:46:46,960 --> 00:46:49,440 abandoned the conservation easement 1080 00:46:49,440 --> 00:46:51,520 through acquiescence. 1081 00:46:51,520 --> 00:46:53,359 This was demonstrated by a number of 1082 00:46:53,359 --> 00:46:55,920 actions and facts, mainly that the town 1083 00:46:55,920 --> 00:46:57,839 allowed construction of fencing and 1084 00:46:57,839 --> 00:47:00,400 horse shelters without a conservation 1085 00:47:00,400 --> 00:47:02,640 easement amendment, as would have been 1086 00:47:02,640 --> 00:47:04,480 necessary if a conservation easement 1087 00:47:04,480 --> 00:47:07,119 were actually in place. Instead, the 1088 00:47:07,119 --> 00:47:09,200 town issued over-the-counter permits to 1089 00:47:09,200 --> 00:47:12,400 us with payment of $900 paid by check 1090 00:47:12,400 --> 00:47:17,200 number 1217 dated March 27, 2008, which 1091 00:47:17,200 --> 00:47:20,880 I hand delivered to Joanne Kurts at the 1092 00:47:20,880 --> 00:47:23,680 building counter that same day. I have 1093 00:47:23,680 --> 00:47:26,720 photocopies of the check 1094 00:47:26,720 --> 00:47:29,200 to prove that I can leave with you. 1095 00:47:29,200 --> 00:47:30,880 Actually, 1096 00:47:30,880 --> 00:47:33,040 um 1097 00:47:33,040 --> 00:47:35,440 the fact that Joanne or whomever did may 1098 00:47:35,440 --> 00:47:37,359 not have recorded the permits properly 1099 00:47:37,359 --> 00:47:39,280 in the town files may be a simple 1100 00:47:39,280 --> 00:47:41,760 oversight error, but we have proof of 1101 00:47:41,760 --> 00:47:43,599 payment for the fencing and the permit 1102 00:47:43,599 --> 00:47:46,960 shelters and and the shelter permits, 1103 00:47:46,960 --> 00:47:48,560 which brings me to the wrongful 1104 00:47:48,560 --> 00:47:51,760 accusations in this report. On page 1105 00:47:51,760 --> 00:47:53,440 three, there's a statement that says, 1106 00:47:53,440 --> 00:47:55,520 quote, "Over the past several years, the 1107 00:47:55,520 --> 00:47:58,079 current owner, that's us, has created a 1108 00:47:58,079 --> 00:48:00,000 horse turnout area with fencing and 1109 00:48:00,000 --> 00:48:01,599 small structures which has not been 1110 00:48:01,599 --> 00:48:04,240 permitted by the town." End quote. We 1111 00:48:04,240 --> 00:48:06,480 were permitted by the town. We don't 1112 00:48:06,480 --> 00:48:09,200 have the permits, but we paid for them 1113 00:48:09,200 --> 00:48:12,079 and they and I kept talking to Hope 1114 00:48:12,079 --> 00:48:14,800 because it took a long time for them to 1115 00:48:14,800 --> 00:48:16,720 deliver the permits and we were not able 1116 00:48:16,720 --> 00:48:18,720 to put the shelters up until the permits 1117 00:48:18,720 --> 00:48:21,839 came through. That is completely untrue 1118 00:48:21,839 --> 00:48:24,000 that we have that it was not permitted 1119 00:48:24,000 --> 00:48:26,079 and that we use that space without 1120 00:48:26,079 --> 00:48:28,240 permits. 1121 00:48:28,240 --> 00:48:30,160 Uh 1122 00:48:30,160 --> 00:48:33,440 our check shows the record of that. The 1123 00:48:33,440 --> 00:48:35,440 report goes on to say, quote, "The honor 1124 00:48:35,440 --> 00:48:37,440 the owner insists that the town should 1125 00:48:37,440 --> 00:48:39,359 not have created conservation easement 1126 00:48:39,359 --> 00:48:41,760 when the prior owner subdivided the land 1127 00:48:41,760 --> 00:48:43,760 and therefore has continued to use the 1128 00:48:43,760 --> 00:48:45,918 area for a horse turnout. 1129 00:48:45,918 --> 00:48:47,520 [clears throat] This is also not an 1130 00:48:47,520 --> 00:48:49,839 accurate depiction. Our point is that 1131 00:48:49,839 --> 00:48:51,839 there is no legally created conservation 1132 00:48:51,839 --> 00:48:53,680 easement dedicated to the town. So the 1133 00:48:53,680 --> 00:48:55,760 town never has had a legal conservation 1134 00:48:55,760 --> 00:48:58,079 easement as a town agreed and 1135 00:48:58,079 --> 00:48:59,680 demonstrated by its actions of 1136 00:48:59,680 --> 00:49:03,200 acquiescence in 2008. We only use the 1137 00:49:03,200 --> 00:49:05,200 area as fenced and sheltered turnout 1138 00:49:05,200 --> 00:49:07,440 after getting permission from the town 1139 00:49:07,440 --> 00:49:10,720 and the permits from the town in 2008 1140 00:49:10,720 --> 00:49:12,319 when the town acknowledged that there 1141 00:49:12,319 --> 00:49:14,319 was no legal conservation easement and 1142 00:49:14,319 --> 00:49:16,160 allowed fencing and shelters to be built 1143 00:49:16,160 --> 00:49:18,480 in that area with no amendment. just the 1144 00:49:18,480 --> 00:49:20,400 over-the-counter permits paid by us on 1145 00:49:20,400 --> 00:49:24,319 March 27th, 2008. The report continues 1146 00:49:24,319 --> 00:49:26,640 with more falsehoods. Quote, "The town 1147 00:49:26,640 --> 00:49:28,480 has requested the removal of the horse 1148 00:49:28,480 --> 00:49:30,160 turnout area and restoration of the 1149 00:49:30,160 --> 00:49:32,559 conservation easement without success." 1150 00:49:32,559 --> 00:49:36,079 End quote. We have never received any 1151 00:49:36,079 --> 00:49:39,040 request like that from the town. So, I 1152 00:49:39,040 --> 00:49:40,800 request that the town please supply 1153 00:49:40,800 --> 00:49:42,960 evidence of such a request and any 1154 00:49:42,960 --> 00:49:45,200 denial from us that it ever received 1155 00:49:45,200 --> 00:49:48,160 there because none exists. These false 1156 00:49:48,160 --> 00:49:50,400 and inaccurate statements paint us as 1157 00:49:50,400 --> 00:49:53,760 rogue citizens when we are anything but. 1158 00:49:53,760 --> 00:49:55,839 These statements also rise to the level 1159 00:49:55,839 --> 00:49:58,319 of liel since they are untrue. They are 1160 00:49:58,319 --> 00:50:00,240 printed and they are publicly shared 1161 00:50:00,240 --> 00:50:02,720 with third parties. These statements not 1162 00:50:02,720 --> 00:50:05,119 only hurt our personal reputations, but 1163 00:50:05,119 --> 00:50:08,079 they extend to damaging my reputation as 1164 00:50:08,079 --> 00:50:10,960 a boarding stable owner and manager. And 1165 00:50:10,960 --> 00:50:12,800 given that, we demand that the town 1166 00:50:12,800 --> 00:50:15,119 either show evidentiary proof to back up 1167 00:50:15,119 --> 00:50:17,599 these statements or failing that, issue 1168 00:50:17,599 --> 00:50:20,480 a public apology and retraction since 1169 00:50:20,480 --> 00:50:24,160 this is by legal definition defamation. 1170 00:50:24,160 --> 00:50:26,400 I have already had to defend myself to a 1171 00:50:26,400 --> 00:50:28,000 neighbor who called about this report 1172 00:50:28,000 --> 00:50:30,800 last night. The damage is done since 1173 00:50:30,800 --> 00:50:32,559 this report is already in the public 1174 00:50:32,559 --> 00:50:34,400 domain. We have no way of knowing how 1175 00:50:34,400 --> 00:50:36,800 many read it and believe it and how much 1176 00:50:36,800 --> 00:50:38,800 damage it will create to us personally 1177 00:50:38,800 --> 00:50:42,079 and professionally. This is not a small 1178 00:50:42,079 --> 00:50:45,040 matter to us, nor should it be to the 1179 00:50:45,040 --> 00:50:47,760 town and the citizens of Woodside. 1180 00:50:47,760 --> 00:50:50,319 According to Sage Sha, he received the 1181 00:50:50,319 --> 00:50:52,319 above inaccurate information from the 1182 00:50:52,319 --> 00:50:54,880 town attorney, Jean Sabie, who was on 1183 00:50:54,880 --> 00:50:57,520 duty in 2008 and thus knows those 1184 00:50:57,520 --> 00:51:00,000 statements are not true. 1185 00:51:00,000 --> 00:51:02,640 Further, in 2021, that same town 1186 00:51:02,640 --> 00:51:04,880 attorney told the town council that we 1187 00:51:04,880 --> 00:51:07,119 had threatened to sue the town. Another 1188 00:51:07,119 --> 00:51:09,680 point she she knows not to be true since 1189 00:51:09,680 --> 00:51:11,440 she had been assured in two different 1190 00:51:11,440 --> 00:51:13,760 emails from Joan Gallow at the time 1191 00:51:13,760 --> 00:51:16,800 which I have provided for you. One from 1192 00:51:16,800 --> 00:51:20,559 10:01 a.m. on December 10th, 2007. And 1193 00:51:20,559 --> 00:51:23,839 the second email marked 1:57 p.m. on 1194 00:51:23,839 --> 00:51:26,880 December 10th, 2007, that we were not 1195 00:51:26,880 --> 00:51:28,880 latigious and were actually trying to 1196 00:51:28,880 --> 00:51:30,880 protect the town from possible 1197 00:51:30,880 --> 00:51:34,319 additional erosion of easement if others 1198 00:51:34,319 --> 00:51:36,720 may have been quote created in the same 1199 00:51:36,720 --> 00:51:39,440 improper manner. Her action of telling 1200 00:51:39,440 --> 00:51:40,880 the town council that we were 1201 00:51:40,880 --> 00:51:42,960 threatening suit kept us from being 1202 00:51:42,960 --> 00:51:44,800 allowed to present our side of the issue 1203 00:51:44,800 --> 00:51:46,559 to the town council in their closed 1204 00:51:46,559 --> 00:51:49,280 session meeting on the easement. that 1205 00:51:49,280 --> 00:51:51,440 intentional misleading constitutes a 1206 00:51:51,440 --> 00:51:54,160 violation of the Brown Act and giving 1207 00:51:54,160 --> 00:51:56,319 false information to a third party is 1208 00:51:56,319 --> 00:51:58,960 also a breach of lawyer ethics as stated 1209 00:51:58,960 --> 00:52:01,760 by the California State Bar. 1210 00:52:01,760 --> 00:52:04,079 Additionally, in 2008, the town 1211 00:52:04,079 --> 00:52:06,640 attorney, Miss Savvere, contacted Joan 1212 00:52:06,640 --> 00:52:09,280 Gallow inquiring, since the Plat Map 1213 00:52:09,280 --> 00:52:12,000 conservation easement was not valid as 1214 00:52:12,000 --> 00:52:14,400 she recognized, would the widows be 1215 00:52:14,400 --> 00:52:16,480 interested in creating a new one that 1216 00:52:16,480 --> 00:52:19,119 would meet our own needs? We declined 1217 00:52:19,119 --> 00:52:20,559 that offer. We do not want a 1218 00:52:20,559 --> 00:52:22,400 conservation easement on our property. 1219 00:52:22,400 --> 00:52:24,319 It takes up almost threequarters of an 1220 00:52:24,319 --> 00:52:27,040 acre of our property. Makes it unusable. 1221 00:52:27,040 --> 00:52:29,280 But again, that shows that Miss Savi 1222 00:52:29,280 --> 00:52:31,280 recognized the invalid status of the 1223 00:52:31,280 --> 00:52:33,359 Plat Map conservation easement and the 1224 00:52:33,359 --> 00:52:36,400 need for a valid one to be drawn up. 1225 00:52:36,400 --> 00:52:39,359 This report also mentions the MST 1226 00:52:39,359 --> 00:52:41,520 easement noted on the plat map on our 1227 00:52:41,520 --> 00:52:43,599 property and on that of our neighbor 1228 00:52:43,599 --> 00:52:45,520 Bill Butler. 1229 00:52:45,520 --> 00:52:47,520 That easement across the Butler property 1230 00:52:47,520 --> 00:52:50,000 to the Howard Boone Trail and on into 1231 00:52:50,000 --> 00:52:52,400 Wonderlick Park was directed by the 1232 00:52:52,400 --> 00:52:54,800 trails committee to be open for safety 1233 00:52:54,800 --> 00:52:59,119 of equestrians in 2014 and $5,000 was 1234 00:52:59,119 --> 00:53:00,800 allocated by the town for trail 1235 00:53:00,800 --> 00:53:03,520 development. However, that project was 1236 00:53:03,520 --> 00:53:06,079 preemptively shut down by Mr. Butler 1237 00:53:06,079 --> 00:53:08,800 simply saying no and not allowing the 1238 00:53:08,800 --> 00:53:11,520 town on his property. Thus, the town 1239 00:53:11,520 --> 00:53:13,760 once again decided not to defend an 1240 00:53:13,760 --> 00:53:15,839 invalid easement and abandoned it 1241 00:53:15,839 --> 00:53:17,599 through acquiescence, 1242 00:53:17,599 --> 00:53:19,599 allowing Mr. Butler to refuse town 1243 00:53:19,599 --> 00:53:22,640 action due to no legal easement with no 1244 00:53:22,640 --> 00:53:24,960 consequence, yet insisting that our 1245 00:53:24,960 --> 00:53:27,359 property remain encumbered by bogus 1246 00:53:27,359 --> 00:53:28,880 easements that are no more than 1247 00:53:28,880 --> 00:53:32,240 contractually empty notes on a plat 1248 00:53:32,240 --> 00:53:35,359 of double standard discrimination. 1249 00:53:35,359 --> 00:53:37,200 We are thankful that the town attorney 1250 00:53:37,200 --> 00:53:39,040 and the planning department staff now 1251 00:53:39,040 --> 00:53:41,040 recognize that quote given that the 1252 00:53:41,040 --> 00:53:43,599 conservation easement is only 80 ft wide 1253 00:53:43,599 --> 00:53:45,920 adjacent to a state highway does not 1254 00:53:45,920 --> 00:53:48,079 provide suitable wildlife habitat or 1255 00:53:48,079 --> 00:53:49,760 connectivity to other conservation 1256 00:53:49,760 --> 00:53:51,680 easements. The abandonment of the 1257 00:53:51,680 --> 00:53:53,599 subject conservation easement at one 1258 00:53:53,599 --> 00:53:56,240 Montelena lane and it's it's Montilena 1259 00:53:56,240 --> 00:53:57,920 court. So if you could correct that in 1260 00:53:57,920 --> 00:54:00,880 all the records will not conflict with 1261 00:54:00,880 --> 00:54:03,359 the general plan. 1262 00:54:03,359 --> 00:54:06,480 So this conservation easement serves no 1263 00:54:06,480 --> 00:54:08,640 purpose or benefit and they recommend 1264 00:54:08,640 --> 00:54:11,040 abandonment. We are also relieved that 1265 00:54:11,040 --> 00:54:13,920 no sequel review is necessary. However, 1266 00:54:13,920 --> 00:54:15,760 since we have brought forth evidence 1267 00:54:15,760 --> 00:54:17,760 that no conservation easement was ever 1268 00:54:17,760 --> 00:54:19,359 properly and legally created, 1269 00:54:19,359 --> 00:54:21,760 abandonment is actually a moot point 1270 00:54:21,760 --> 00:54:24,160 since no conservation easement exists to 1271 00:54:24,160 --> 00:54:25,680 abandoned. 1272 00:54:25,680 --> 00:54:27,200 That conservation easement was 1273 00:54:27,200 --> 00:54:29,440 determined not to be legally extent in 1274 00:54:29,440 --> 00:54:31,599 2008 and was given up by the town 1275 00:54:31,599 --> 00:54:34,319 through its acquiescence through its 1276 00:54:34,319 --> 00:54:36,880 acquiescent actions. And now it is also 1277 00:54:36,880 --> 00:54:39,200 determined to serve no public benefit 1278 00:54:39,200 --> 00:54:41,599 and not be necessary at all since there 1279 00:54:41,599 --> 00:54:43,599 never was a purpose given for it. Proper 1280 00:54:43,599 --> 00:54:46,000 League or prop process was not followed 1281 00:54:46,000 --> 00:54:49,920 and no reason for it exists even now. We 1282 00:54:49,920 --> 00:54:51,440 now ask that the new building 1283 00:54:51,440 --> 00:54:53,599 restrictions this report seeks to impose 1284 00:54:53,599 --> 00:54:55,359 on our property be dropped since there 1285 00:54:55,359 --> 00:54:57,599 is no legal justification for the town 1286 00:54:57,599 --> 00:55:00,079 imposing any new restrictions on our 1287 00:55:00,079 --> 00:55:03,200 property rights. The town's actions have 1288 00:55:03,200 --> 00:55:05,680 been done have done enough financial and 1289 00:55:05,680 --> 00:55:08,000 emotional damage to us by ministerally 1290 00:55:08,000 --> 00:55:11,599 blocking the ADU process for five years 1291 00:55:11,599 --> 00:55:14,480 with a legally untenable opinion that 1292 00:55:14,480 --> 00:55:16,160 there is a conservation easement 1293 00:55:16,160 --> 00:55:18,720 belonging to the town on our property 1294 00:55:18,720 --> 00:55:20,720 exhibiting discrimination against us 1295 00:55:20,720 --> 00:55:22,800 through double standard actions and now 1296 00:55:22,800 --> 00:55:24,640 causing additional harm by publishing 1297 00:55:24,640 --> 00:55:26,640 lielist fallacies about us personally 1298 00:55:26,640 --> 00:55:28,640 and professionally. 1299 00:55:28,640 --> 00:55:30,480 Over the years, we have asked the town 1300 00:55:30,480 --> 00:55:32,960 repeatedly to provide evidence of 1301 00:55:32,960 --> 00:55:35,040 illegal conservation easement and have 1302 00:55:35,040 --> 00:55:38,160 had two um Freedom of Information Act 1303 00:55:38,160 --> 00:55:40,800 searches done as well as searches at our 1304 00:55:40,800 --> 00:55:43,440 title company. The town simply does not 1305 00:55:43,440 --> 00:55:46,079 have any legal evidence of a properly 1306 00:55:46,079 --> 00:55:48,880 created conservation easement. We 1307 00:55:48,880 --> 00:55:51,040 however have provided evidence and now 1308 00:55:51,040 --> 00:55:53,280 ask the town to provide actual evidence 1309 00:55:53,280 --> 00:55:56,559 of their claims, not just opinion, false 1310 00:55:56,559 --> 00:55:59,839 accusations, and dictim. Enough is 1311 00:55:59,839 --> 00:56:02,720 enough. It's time to return ethics and 1312 00:56:02,720 --> 00:56:05,920 propriety to the town of Woodside. And 1313 00:56:05,920 --> 00:56:08,079 finally, 1314 00:56:08,079 --> 00:56:09,920 while my husband and I have been truly 1315 00:56:09,920 --> 00:56:12,240 blessed all our lives with vitality and 1316 00:56:12,240 --> 00:56:14,960 good health, the last four weeks has 1317 00:56:14,960 --> 00:56:18,319 handed us, excuse me, a huge dose of 1318 00:56:18,319 --> 00:56:20,400 reality. 1319 00:56:20,400 --> 00:56:22,400 My husband, who would have been here to 1320 00:56:22,400 --> 00:56:27,670 stand with me tonight, I'm sorry, 1321 00:56:27,680 --> 00:56:29,599 has suffered two life-threatening 1322 00:56:29,599 --> 00:56:33,040 situations demanding immediate emergency 1323 00:56:33,040 --> 00:56:36,960 operations, all within 10 days time. one 1324 00:56:36,960 --> 00:56:39,760 for a brain bleed that rendered to him a 1325 00:56:39,760 --> 00:56:42,559 phasia and another for a seriously huge 1326 00:56:42,559 --> 00:56:44,960 pulmonary emblem that literally took his 1327 00:56:44,960 --> 00:56:46,640 breath away and weakened him to the 1328 00:56:46,640 --> 00:56:48,319 point of not being able to walk more 1329 00:56:48,319 --> 00:56:52,400 than 10 ft at a time. I'm sorry. 1330 00:56:52,400 --> 00:56:55,040 Thankfully, during due to miraculous 1331 00:56:55,040 --> 00:56:57,760 medical techniques, he is in recovery, 1332 00:56:57,760 --> 00:57:00,400 but the need for this ADU is more urgent 1333 00:57:00,400 --> 00:57:02,640 than ever. We cannot afford to let this 1334 00:57:02,640 --> 00:57:05,359 town obstruct the ADU process any 1335 00:57:05,359 --> 00:57:08,480 longer. We need to get the ADU built so 1336 00:57:08,480 --> 00:57:10,559 that we may peacefully age in place on 1337 00:57:10,559 --> 00:57:13,839 our beloved property. This ADU will also 1338 00:57:13,839 --> 00:57:15,839 help the town meet its quarter 1339 00:57:15,839 --> 00:57:19,040 requirements of the state. 1340 00:57:19,040 --> 00:57:21,280 And that is an immediate public benefit. 1341 00:57:21,280 --> 00:57:23,119 The personal benefits will give us a 1342 00:57:23,119 --> 00:57:24,799 place to age and place in a more 1343 00:57:24,799 --> 00:57:27,920 medically appropriate home. There is no 1344 00:57:27,920 --> 00:57:30,400 detriment to the town by advancing the 1345 00:57:30,400 --> 00:57:32,880 ADU permitting process for this project. 1346 00:57:32,880 --> 00:57:35,680 Only good will come of it. We've already 1347 00:57:35,680 --> 00:57:38,480 lost 5 years to the town's ministerial 1348 00:57:38,480 --> 00:57:40,319 obstructions. While our time on this 1349 00:57:40,319 --> 00:57:43,599 earth is rapidly running out. Given all 1350 00:57:43,599 --> 00:57:45,599 those facts and findings, we request 1351 00:57:45,599 --> 00:57:47,359 that the conservation easement be 1352 00:57:47,359 --> 00:57:49,680 declared null and void, that no more 1353 00:57:49,680 --> 00:57:52,160 incumbrances be put on our property and 1354 00:57:52,160 --> 00:57:54,319 that the ADU permitting process be 1355 00:57:54,319 --> 00:57:56,960 allowed to begin immediately. Thank you 1356 00:57:56,960 --> 00:57:58,960 for your attention, for your valuable 1357 00:57:58,960 --> 00:58:01,280 voluntary service to our town, and for 1358 00:58:01,280 --> 00:58:03,520 being caring civil stewards working to 1359 00:58:03,520 --> 00:58:06,319 restore ethics and propriety to the town 1360 00:58:06,319 --> 00:58:08,880 of Woodside. And I'm happy to answer any 1361 00:58:08,880 --> 00:58:10,640 questions. And I I do also want to 1362 00:58:10,640 --> 00:58:15,520 mention that the MST easement is 15 ft 1363 00:58:15,520 --> 00:58:18,240 um into our property. We're planning the 1364 00:58:18,240 --> 00:58:21,359 ADU will be 25 to 30 feet set set back 1365 00:58:21,359 --> 00:58:24,480 from the side and 50 feet from the more 1366 00:58:24,480 --> 00:58:26,079 than 50 feet actually from the 1367 00:58:26,079 --> 00:58:28,640 courtyard. And it's literally the only 1368 00:58:28,640 --> 00:58:31,440 place we have to put it 1369 00:58:31,440 --> 00:58:34,640 due to leech fields and other 1370 00:58:34,640 --> 00:58:36,559 construction on the property. And I'm 1371 00:58:36,559 --> 00:58:38,480 sorry I lost 1372 00:58:38,480 --> 00:58:41,280 got emotional. Anyway, if you 1373 00:58:41,280 --> 00:58:42,000 >> comprehensive 1374 00:58:42,000 --> 00:58:46,630 >> any questions on anything? 1375 00:58:46,640 --> 00:58:50,799 I would love it if you could correct the reports. 1376 00:58:50,799 --> 00:58:53,760 >> So, ma'am, you said that um a permit was 1377 00:58:53,760 --> 00:58:56,319 issued, but you do not have the physical 1378 00:58:56,319 --> 00:58:57,280 permit. 1379 00:58:57,280 --> 00:58:58,960 >> I did not have the physical permit 1380 00:58:58,960 --> 00:59:01,440 because I believe one, it took months 1381 00:59:01,440 --> 00:59:04,160 for them to get it to us. I have emails 1382 00:59:04,160 --> 00:59:06,000 back and forth with Hope Sullivan, who 1383 00:59:06,000 --> 00:59:08,480 was um here at the time, saying, 1384 00:59:08,480 --> 00:59:10,160 "Where's our permit? Where is our 1385 00:59:10,160 --> 00:59:13,680 permit?" And when it finally arrived, 1386 00:59:13,680 --> 00:59:18,240 um, and the reason we knew, we didn't 1387 00:59:18,240 --> 00:59:19,920 even know we needed permits because 1388 00:59:19,920 --> 00:59:22,960 these are units that are less than 120 1389 00:59:22,960 --> 00:59:26,640 ft or 140 ft. What is it, Sage? 1390 00:59:26,640 --> 00:59:29,440 120 ft. These are just gazebo type um, 1391 00:59:29,440 --> 00:59:32,960 open-sided things. And Hope had said 1392 00:59:32,960 --> 00:59:34,720 because they were under that, we didn't 1393 00:59:34,720 --> 00:59:37,280 need a permit. And so we went ahead and 1394 00:59:37,280 --> 00:59:39,200 ordered them and got them were getting 1395 00:59:39,200 --> 00:59:41,200 them installed. when Joanne Curts came 1396 00:59:41,200 --> 00:59:44,000 by and red tagged us, which scared the 1397 00:59:44,000 --> 00:59:46,000 hell out of me. I have never been red 1398 00:59:46,000 --> 00:59:47,920 tagged and I didn't know what it meant 1399 00:59:47,920 --> 00:59:50,640 and I was upset and she said, "Oh, don't 1400 00:59:50,640 --> 00:59:52,079 worry. You know, you just need to get 1401 00:59:52,079 --> 00:59:55,040 permits." Um, and so I called Hope and I 1402 00:59:55,040 --> 00:59:56,640 said, "You told me we didn't need 1403 00:59:56,640 --> 00:59:58,559 permits." And she said, "No, you don't 1404 00:59:58,559 --> 01:00:00,880 need to go to ASRB. You just need to get 1405 01:00:00,880 --> 01:00:03,520 an over-the-counter permit for them." So 1406 01:00:03,520 --> 01:00:06,400 that's when on May on March 27th I went 1407 01:00:06,400 --> 01:00:09,440 down and Joanne was at the counter and I 1408 01:00:09,440 --> 01:00:11,839 laughed because again I I lost it with 1409 01:00:11,839 --> 01:00:14,400 her uh because I thought we were doing 1410 01:00:14,400 --> 01:00:16,079 something really wrong and we're not 1411 01:00:16,079 --> 01:00:18,880 that type of people. Um and so we 1412 01:00:18,880 --> 01:00:22,799 laughed about my reaction to her red tag 1413 01:00:22,799 --> 01:00:26,079 all of that. Um and and then we finally 1414 01:00:26,079 --> 01:00:28,480 did get the permits, but the permits 1415 01:00:28,480 --> 01:00:32,400 were left with a you know this um they 1416 01:00:32,400 --> 01:00:34,559 weren't put on our house or anything. I 1417 01:00:34,559 --> 01:00:36,400 think they tacked one to the tree where 1418 01:00:36,400 --> 01:00:38,799 they were doing the work and I just 1419 01:00:38,799 --> 01:00:40,480 didn't save it. I didn't know it was 1420 01:00:40,480 --> 01:00:43,119 necessary to save it. The town makes 1421 01:00:43,119 --> 01:00:46,480 mistakes. Um the fact that they I went 1422 01:00:46,480 --> 01:00:48,079 down and I actually looked for the 1423 01:00:48,079 --> 01:00:50,000 permit. I also looked for a neighbor's 1424 01:00:50,000 --> 01:00:51,599 permit one time and could they couldn't 1425 01:00:51,599 --> 01:00:54,160 find it either, but he had built the 1426 01:00:54,160 --> 01:00:58,319 prop the uh the uh it was a it's a 1427 01:00:58,319 --> 01:01:00,880 little shed at the edge of our driveway 1428 01:01:00,880 --> 01:01:03,839 and the town couldn't find his permit 1429 01:01:03,839 --> 01:01:06,160 either. Um but he had one. He's a 1430 01:01:06,160 --> 01:01:09,119 contractor. I know he doesn't do it 1431 01:01:09,119 --> 01:01:13,119 without permits. Um it was Bill Butler. 1432 01:01:13,119 --> 01:01:17,520 So, um, and we owned a property on 1433 01:01:17,520 --> 01:01:20,319 Barrett and, uh, that was supposedly 1434 01:01:20,319 --> 01:01:24,319 not, um, applicable for horses because 1435 01:01:24,319 --> 01:01:26,400 it had been voted in a meeting that 1436 01:01:26,400 --> 01:01:28,160 horses weren't going to be allowed in 1437 01:01:28,160 --> 01:01:31,440 that part of Woodside Hills, but the 1438 01:01:31,440 --> 01:01:33,440 town never recorded it. So, we were able 1439 01:01:33,440 --> 01:01:35,599 to keep horses there. So, the town makes 1440 01:01:35,599 --> 01:01:38,640 mistakes. We all make mistakes, but we 1441 01:01:38,640 --> 01:01:40,799 have the proof. The town has not given 1442 01:01:40,799 --> 01:01:43,920 any proof other than opinion. And the 1443 01:01:43,920 --> 01:01:47,359 opinion of Jean Savvere has been proven 1444 01:01:47,359 --> 01:01:49,359 by two three other lawyers. Now we've 1445 01:01:49,359 --> 01:01:51,520 had three lawyers look at this not to 1446 01:01:51,520 --> 01:01:54,240 sue but to give us advice. 1447 01:01:54,240 --> 01:01:57,040 >> Um we are not latigious. We know better 1448 01:01:57,040 --> 01:01:59,119 than to go up against a town that has 1449 01:01:59,119 --> 01:02:01,520 unlimited funds and it's not any 1450 01:02:01,520 --> 01:02:04,480 individual's funds and the way things 1451 01:02:04,480 --> 01:02:07,359 work they can bleed you dry. So we do 1452 01:02:07,359 --> 01:02:12,799 not do that. Um, we try to work amicably 1453 01:02:12,799 --> 01:02:15,920 and we were very shocked and dismayed at 1454 01:02:15,920 --> 01:02:19,119 uh the portrayal of us in this report 1455 01:02:19,119 --> 01:02:23,280 and we need to either have evidentary 1456 01:02:23,280 --> 01:02:25,760 um, you know, if we forgotten something, 1457 01:02:25,760 --> 01:02:28,000 hey, we're almost 80 years old. We may 1458 01:02:28,000 --> 01:02:29,359 have forgotten something, but I don't 1459 01:02:29,359 --> 01:02:31,119 think we'd forget the town coming to us 1460 01:02:31,119 --> 01:02:33,359 and say, "Tear out the horse shelters, 1461 01:02:33,359 --> 01:02:35,200 tear out the fencing, and return it to a 1462 01:02:35,200 --> 01:02:36,720 conservation easement that did not 1463 01:02:36,720 --> 01:02:38,400 exist." 1464 01:02:38,400 --> 01:02:42,799 So, all of that needs to be um 1465 01:02:42,799 --> 01:02:46,720 uh apologized for and recanted. 1466 01:02:46,720 --> 01:02:48,880 And if you have any more questions, I'm 1467 01:02:48,880 --> 01:02:51,119 happy to answer them. 1468 01:02:51,119 --> 01:02:52,960 And I don't mean this this is not 1469 01:02:52,960 --> 01:02:54,960 anything. I'm giving more information 1470 01:02:54,960 --> 01:02:57,920 probably than I need to here, but it had 1471 01:02:57,920 --> 01:03:00,400 to come out when I saw that report and 1472 01:03:00,400 --> 01:03:03,440 how we were portrayed and the falsities 1473 01:03:03,440 --> 01:03:05,440 of it and that it again is coming from 1474 01:03:05,440 --> 01:03:08,319 Jean Savvery who has been the one. I 1475 01:03:08,319 --> 01:03:11,359 don't know what her what her problem is. 1476 01:03:11,359 --> 01:03:15,119 Uh she knows that in 2008 this was all 1477 01:03:15,119 --> 01:03:17,920 taken care of. Unfortunately, again, had 1478 01:03:17,920 --> 01:03:21,039 I kept a permit in 2008, had we insisted 1479 01:03:21,039 --> 01:03:24,079 that they take this off the record, you 1480 01:03:24,079 --> 01:03:26,240 know, we don't deal with this every day 1481 01:03:26,240 --> 01:03:30,079 and we just don't know. 1482 01:03:30,079 --> 01:03:32,880 You know, we're we're not dumb, but 1483 01:03:32,880 --> 01:03:39,589 we're not experienced in everything. So 1484 01:03:39,599 --> 01:03:43,990 you 1485 01:03:44,000 --> 01:03:47,680 » I have a question for Sage. Um 1486 01:03:47,680 --> 01:03:53,039 so as as a uh in a larger scope when 1487 01:03:53,039 --> 01:03:56,960 easements are created uh are 1488 01:03:56,960 --> 01:04:00,240 does a town have many easements with u 1489 01:04:00,240 --> 01:04:02,480 no justifications and things that are 1490 01:04:02,480 --> 01:04:05,200 put on properties when they request 1491 01:04:05,200 --> 01:04:07,680 subdivision things like that. How are 1492 01:04:07,680 --> 01:04:10,559 they different from uh let's say a 1493 01:04:10,559 --> 01:04:13,760 proper easement where uh it talks about 1494 01:04:13,760 --> 01:04:17,280 the reason for the easement etc etc. 1495 01:04:17,280 --> 01:04:20,400 >> Um I can't speak to allegations of 1496 01:04:20,400 --> 01:04:23,119 non-justification. There's uh it went 1497 01:04:23,119 --> 01:04:25,119 through a subdivision process that went 1498 01:04:25,119 --> 01:04:27,520 through public hearings. The subdivision 1499 01:04:27,520 --> 01:04:31,359 was recorded and on the recorded map it 1500 01:04:31,359 --> 01:04:35,039 had the town accepting the easements. 1501 01:04:35,039 --> 01:04:37,839 I can answer that or I can add to that 1502 01:04:37,839 --> 01:04:39,839 because Joan Galla was a lawyer who 1503 01:04:39,839 --> 01:04:43,760 worked on a a situation at 2000 Porto 1504 01:04:43,760 --> 01:04:47,839 Road evidently at the time in the early 1505 01:04:47,839 --> 01:04:49,920 to mid80s. 1506 01:04:49,920 --> 01:04:52,000 I don't know if it was common in other 1507 01:04:52,000 --> 01:04:53,680 towns, but it was evidently common in 1508 01:04:53,680 --> 01:04:55,280 Woodside that when they did 1509 01:04:55,280 --> 01:04:58,960 subdivisions, they made the land owners 1510 01:04:58,960 --> 01:05:02,559 give them things. Um 1511 01:05:02,559 --> 01:05:04,079 I don't want to use the word extortion 1512 01:05:04,079 --> 01:05:08,400 but it applies and um they were called 1513 01:05:08,400 --> 01:05:12,079 up short on it. Ga Joan Gallow actually 1514 01:05:12,079 --> 01:05:15,520 litigated the 2000 Porto road and it's 1515 01:05:15,520 --> 01:05:18,240 in one of her emails to Jean Savvere 1516 01:05:18,240 --> 01:05:20,880 that um the town used to do this and 1517 01:05:20,880 --> 01:05:23,039 then they were told to cease and desist 1518 01:05:23,039 --> 01:05:25,119 doing that. And I know when I was on the 1519 01:05:25,119 --> 01:05:27,680 trails committee, we were told um by 1520 01:05:27,680 --> 01:05:30,000 Rick de Benadetti that often times one 1521 01:05:30,000 --> 01:05:32,160 of the things that they would ask for is 1522 01:05:32,160 --> 01:05:34,319 equestrian trail access across a 1523 01:05:34,319 --> 01:05:36,319 property. And he said, "But we, you 1524 01:05:36,319 --> 01:05:38,319 know, we're very limited now. We can't 1525 01:05:38,319 --> 01:05:40,720 always do that. We can request it, but 1526 01:05:40,720 --> 01:05:44,240 we can't demand it." And so there was at 1527 01:05:44,240 --> 01:05:48,160 that time um if you want a subdivision, 1528 01:05:48,160 --> 01:05:49,839 you're going to have to do this. And 1529 01:05:49,839 --> 01:05:53,599 there's also um a note 1530 01:05:53,599 --> 01:05:55,119 here 1531 01:05:55,119 --> 01:06:01,829 that um 1532 01:06:01,839 --> 01:06:05,119 that okay 1533 01:06:05,119 --> 01:06:07,039 and this is from I don't know town of 1534 01:06:07,039 --> 01:06:09,520 Woodside inter office memo from December 1535 01:06:09,520 --> 01:06:11,599 3rd 1979 1536 01:06:11,599 --> 01:06:13,920 and I it just said the former access to 1537 01:06:13,920 --> 01:06:16,480 wood it says conservation easements are 1538 01:06:16,480 --> 01:06:18,880 not offered so they're looking for 1539 01:06:18,880 --> 01:06:20,720 conservation easements at that at that 1540 01:06:20,720 --> 01:06:23,920 time and um But again, that's not a 1541 01:06:23,920 --> 01:06:27,839 terribly legal thing to be to be to be 1542 01:06:27,839 --> 01:06:31,119 doing at that time or or after. 1543 01:06:31,119 --> 01:06:36,950 So, 1544 01:06:36,960 --> 01:06:38,720 I don't have any specific questions. I 1545 01:06:38,720 --> 01:06:40,720 think what I wanted to mention, I mean, 1546 01:06:40,720 --> 01:06:42,319 it sounds like there's a lot of of 1547 01:06:42,319 --> 01:06:43,520 history here, right? 1548 01:06:43,520 --> 01:06:45,440 >> A lot of history. 1549 01:06:45,440 --> 01:06:47,599 >> And also, I want to keep us us focused 1550 01:06:47,599 --> 01:06:49,599 on what planning commission is is sort 1551 01:06:49,599 --> 01:06:52,240 of reviewing, right? So I don't believe 1552 01:06:52,240 --> 01:06:55,200 it's or appreciate you sharing all of 1553 01:06:55,200 --> 01:06:56,240 all the history at the same time. 1554 01:06:56,240 --> 01:06:57,760 >> I wanted to get it into the record. If 1555 01:06:57,760 --> 01:06:59,760 you have to go to town council, I want 1556 01:06:59,760 --> 01:07:01,839 this in the record from the beginning. 1557 01:07:01,839 --> 01:07:04,720 >> Right. And I think our our job is to 1558 01:07:04,720 --> 01:07:06,400 determine is this consistent with 1559 01:07:06,400 --> 01:07:08,319 general plan and can we make the the 1560 01:07:08,319 --> 01:07:09,920 recommendations 1561 01:07:09,920 --> 01:07:13,839 on the abandonment rather than the the 1562 01:07:13,839 --> 01:07:15,119 full legal history, which I don't think 1563 01:07:15,119 --> 01:07:18,480 we're in a position to do. Um w with 1564 01:07:18,480 --> 01:07:21,680 that I think just our discussion should 1565 01:07:21,680 --> 01:07:24,079 focus on can we make these final those 1566 01:07:24,079 --> 01:07:24,640 issues 1567 01:07:24,640 --> 01:07:25,839 >> me to stay or sit down? 1568 01:07:25,839 --> 01:07:27,280 >> Uh you you can you can sit down. We're 1569 01:07:27,280 --> 01:07:29,280 going to do uh public if there's anyone 1570 01:07:29,280 --> 01:07:31,039 who do that and then we'll do 1571 01:07:31,039 --> 01:07:32,559 deliberation and we can call you back up 1572 01:07:32,559 --> 01:07:34,240 if needed. 1573 01:07:34,240 --> 01:07:37,119 >> Are there any members of the public who 1574 01:07:37,119 --> 01:07:39,839 make a statement on this issue? 1575 01:07:39,839 --> 01:07:41,280 >> For those online, please use the raise 1576 01:07:41,280 --> 01:07:42,400 hand feature if you'd like to make a 1577 01:07:42,400 --> 01:07:45,589 comment. 1578 01:07:45,599 --> 01:07:49,200 And there are no raised hands. 1579 01:07:49,200 --> 01:07:52,720 >> Okay. Then we can move on to uh 1580 01:07:52,720 --> 01:07:55,039 deliberation. 1581 01:07:55,039 --> 01:07:57,039 >> Richard, do you want to pick someone? 1582 01:07:57,039 --> 01:07:58,720 Um, 1583 01:07:58,720 --> 01:08:01,839 so based on staff's recommendations and 1584 01:08:01,839 --> 01:08:04,880 specifically Jean's recommendations, 1585 01:08:04,880 --> 01:08:08,559 uh, legally it seems that, uh, the town 1586 01:08:08,559 --> 01:08:11,280 wants to make this this decision and, 1587 01:08:11,280 --> 01:08:14,559 uh, the other factors as far as it being 1588 01:08:14,559 --> 01:08:20,000 next to the road, a large road. Um and 1589 01:08:20,000 --> 01:08:22,319 that whole most of that area is going to 1590 01:08:22,319 --> 01:08:24,400 be used as a leech field in addition to 1591 01:08:24,400 --> 01:08:27,359 the building which will fairly keep it 1592 01:08:27,359 --> 01:08:30,799 fairly natural. Uh I really don't have 1593 01:08:30,799 --> 01:08:34,080 any objection in in saying that uh the 1594 01:08:34,080 --> 01:08:36,000 we should the town should abandon the 1595 01:08:36,000 --> 01:08:40,630 easement. 1596 01:08:40,640 --> 01:08:43,040 Um, 1597 01:08:43,040 --> 01:08:46,560 in some ways, um, my own thoughts are in 1598 01:08:46,560 --> 01:08:48,239 agreement with Richards and I like the 1599 01:08:48,239 --> 01:08:50,719 way that he's thinking on this. 1600 01:08:50,719 --> 01:08:53,279 At the same time, 1601 01:08:53,279 --> 01:08:55,839 um, 1602 01:08:55,839 --> 01:08:59,199 we're being asked here to sort of 1603 01:08:59,199 --> 01:09:00,960 unilaterally 1604 01:09:00,960 --> 01:09:04,400 abandon the entire easement 1605 01:09:04,400 --> 01:09:10,080 in the context of the fact that the a 1606 01:09:10,080 --> 01:09:13,520 projected future not yet designed ADU in 1607 01:09:13,520 --> 01:09:15,759 Leechfield is going to take up the 1608 01:09:15,759 --> 01:09:19,839 entire portion of the property. And I'm 1609 01:09:19,839 --> 01:09:22,239 just concerned about what sort of 1610 01:09:22,239 --> 01:09:25,040 precedent that would set 1611 01:09:25,040 --> 01:09:29,199 for other properties where 1612 01:09:29,199 --> 01:09:31,839 properties have been subdivided in the 1613 01:09:31,839 --> 01:09:34,719 past. The person subdividing the 1614 01:09:34,719 --> 01:09:37,120 property accepted the existence of the 1615 01:09:37,120 --> 01:09:40,400 easements and the current owners 1616 01:09:40,400 --> 01:09:42,239 inherited that when they purchased the 1617 01:09:42,239 --> 01:09:43,920 property. 1618 01:09:43,920 --> 01:09:45,440 And 1619 01:09:45,440 --> 01:09:47,199 my concern would be setting the 1620 01:09:47,199 --> 01:09:50,960 precedent that whenever someone says 1621 01:09:50,960 --> 01:09:54,800 they want I'd like to build an ADU 1622 01:09:54,800 --> 01:09:58,000 that they can just go and based on this 1623 01:09:58,000 --> 01:10:00,800 example we just give up the entire 1624 01:10:00,800 --> 01:10:04,800 conservation easement. It's sort of when 1625 01:10:04,800 --> 01:10:08,159 we do a variance where 1626 01:10:08,159 --> 01:10:10,560 um further development on a property has 1627 01:10:10,560 --> 01:10:13,760 to intrude into a setback, 1628 01:10:13,760 --> 01:10:17,199 the project is usually more fully 1629 01:10:17,199 --> 01:10:20,960 defined and we have 1630 01:10:20,960 --> 01:10:23,760 definitive circumstances which which 1631 01:10:23,760 --> 01:10:25,360 explain 1632 01:10:25,360 --> 01:10:27,600 why there has to be an intrusion into 1633 01:10:27,600 --> 01:10:30,159 the setback. 1634 01:10:30,159 --> 01:10:33,040 And if 1635 01:10:33,040 --> 01:10:38,320 they're and that if the only way to 1636 01:10:38,320 --> 01:10:41,120 accomplish a positive goal for the town 1637 01:10:41,120 --> 01:10:44,719 or the owners is to intrude into a 1638 01:10:44,719 --> 01:10:46,320 setback 1639 01:10:46,320 --> 01:10:48,960 and to deny them that would be a 1640 01:10:48,960 --> 01:10:50,480 hardship 1641 01:10:50,480 --> 01:10:53,760 where there's no reasonable alternative. 1642 01:10:53,760 --> 01:10:55,840 Then that's fine. But it seems like the 1643 01:10:55,840 --> 01:10:59,840 burden would have to be on the owners to 1644 01:10:59,840 --> 01:11:04,640 present more details on why the only 1645 01:11:04,640 --> 01:11:07,440 possible alternative is for the town to 1646 01:11:07,440 --> 01:11:09,440 give up the easement. 1647 01:11:09,440 --> 01:11:12,320 Um I'm not absolutely wedded to that one 1648 01:11:12,320 --> 01:11:14,640 way or the other and I'm happy to have 1649 01:11:14,640 --> 01:11:17,520 you guys push my thinking one direction 1650 01:11:17,520 --> 01:11:20,800 or the other. 1651 01:11:20,800 --> 01:11:24,320 >> Yeah. Uh yeah. No, [clears throat] it's 1652 01:11:24,320 --> 01:11:25,360 getting a little 1653 01:11:25,360 --> 01:11:27,920 >> Okay, we we'll continue discussion and 1654 01:11:27,920 --> 01:11:29,280 then we can we can proceed with 1655 01:11:29,280 --> 01:11:32,880 questions if if needed. Um yeah, I think 1656 01:11:32,880 --> 01:11:34,080 I mean you raised an interesting point, 1657 01:11:34,080 --> 01:11:37,679 Lyall, on on that. And because I I I 1658 01:11:37,679 --> 01:11:40,239 look at this and I think 1659 01:11:40,239 --> 01:11:43,120 so easement aside, this feels very much 1660 01:11:43,120 --> 01:11:46,880 like the type of project where 1661 01:11:46,880 --> 01:11:49,760 um like if there if this were a setback 1662 01:11:49,760 --> 01:11:51,760 variance, for example, it it feels like 1663 01:11:51,760 --> 01:11:56,480 a very clear-cut situation where 1664 01:11:56,480 --> 01:11:59,120 um I don't even think we'd be in this 1665 01:11:59,120 --> 01:12:00,560 position because the state would 1666 01:12:00,560 --> 01:12:04,719 probably have the the the the um 1667 01:12:04,719 --> 01:12:06,159 the mandate with the four feet setbacks 1668 01:12:06,159 --> 01:12:09,040 and whatnot. Yeah. So, you know, it 1669 01:12:09,040 --> 01:12:10,320 >> it feels like we wouldn't even, you 1670 01:12:10,320 --> 01:12:11,920 know, be here if the easement well, we 1671 01:12:11,920 --> 01:12:13,199 wouldn't be here if the easement weren't 1672 01:12:13,199 --> 01:12:14,320 in place. 1673 01:12:14,320 --> 01:12:16,480 >> I when I look at the site, I mean, I 1674 01:12:16,480 --> 01:12:19,600 think the frame of reference that we 1675 01:12:19,600 --> 01:12:21,360 usually think through. So, maybe I'll 1676 01:12:21,360 --> 01:12:23,840 just use setbacks for the the typical 1677 01:12:23,840 --> 01:12:25,360 let's assume this was a build in a 1678 01:12:25,360 --> 01:12:27,440 setback variance, maybe not an ADU and 1679 01:12:27,440 --> 01:12:30,159 the state weren't, you know, involved. 1680 01:12:30,159 --> 01:12:32,000 uh in that situation we would be looking 1681 01:12:32,000 --> 01:12:33,600 at 1682 01:12:33,600 --> 01:12:36,800 um you know can we make the findings on 1683 01:12:36,800 --> 01:12:38,560 there's not a good alternative place on 1684 01:12:38,560 --> 01:12:40,320 the site is it consistent with the 1685 01:12:40,320 --> 01:12:44,239 general plan and from that vantage and 1686 01:12:44,239 --> 01:12:45,840 then we're talking about is the easement 1687 01:12:45,840 --> 01:12:47,760 abandonment consistent with general plan 1688 01:12:47,760 --> 01:12:50,719 right it it feels like I would have zero 1689 01:12:50,719 --> 01:12:53,360 problems making the findings in a 1690 01:12:53,360 --> 01:12:55,440 setback variance in this case which I 1691 01:12:55,440 --> 01:12:57,040 know is not the legally binding thing 1692 01:12:57,040 --> 01:12:58,320 here which is why this one gets 1693 01:12:58,320 --> 01:13:01,760 confusing Um, but I think it's worth 1694 01:13:01,760 --> 01:13:03,440 kind of thinking through that. 1695 01:13:03,440 --> 01:13:04,719 >> Well, could you elaborate on the 1696 01:13:04,719 --> 01:13:07,760 statement that it's not legally binding? 1697 01:13:07,760 --> 01:13:09,920 >> Uh, 1698 01:13:09,920 --> 01:13:14,480 the which the the easement which piece? 1699 01:13:14,480 --> 01:13:16,719 >> Well, there seems to be a point of issue 1700 01:13:16,719 --> 01:13:18,800 between the property owners and the town 1701 01:13:18,800 --> 01:13:21,440 as to whether the easement is legal or 1702 01:13:21,440 --> 01:13:21,760 not. 1703 01:13:21,760 --> 01:13:23,360 >> Uh, no, sorry, I wasn't trying to make a 1704 01:13:23,360 --> 01:13:25,679 statement piece. what I was was saying 1705 01:13:25,679 --> 01:13:28,560 is more like from the perspective of 1706 01:13:28,560 --> 01:13:32,080 general plan conformance. 1707 01:13:32,080 --> 01:13:33,920 >> This feels like it would be a a a 1708 01:13:33,920 --> 01:13:36,000 variance that that I would certainly be 1709 01:13:36,000 --> 01:13:37,520 inclined to approve and it feels 1710 01:13:37,520 --> 01:13:38,800 consistent with the ones that we have in 1711 01:13:38,800 --> 01:13:41,360 the past. So I think I mean I think 1712 01:13:41,360 --> 01:13:44,719 that's where we want personally not even 1713 01:13:44,719 --> 01:13:46,239 personally I I feel like the the correct 1714 01:13:46,239 --> 01:13:48,560 outcome here is that the ADU can be 1715 01:13:48,560 --> 01:13:52,560 constructed. Now whether legally that's 1716 01:13:52,560 --> 01:13:54,560 or I mean I don't want to say legally 1717 01:13:54,560 --> 01:13:56,320 procedurally whatever the case is how we 1718 01:13:56,320 --> 01:13:59,520 get there right could be a full 1719 01:13:59,520 --> 01:14:01,760 abandonment of the easement or it could 1720 01:14:01,760 --> 01:14:03,760 also be something like an exemption made 1721 01:14:03,760 --> 01:14:07,280 for this particular project and that's 1722 01:14:07,280 --> 01:14:09,360 really fully understand all the issues 1723 01:14:09,360 --> 01:14:11,600 and transparency but I think this is 1724 01:14:11,600 --> 01:14:13,600 maybe where 1725 01:14:13,600 --> 01:14:15,679 >> well I'm truly on the fence on this 1726 01:14:15,679 --> 01:14:18,400 because we have other properties that 1727 01:14:18,400 --> 01:14:23,040 have been um I mean um looked at such as 1728 01:14:23,040 --> 01:14:25,520 the uh you know Putinham property up on 1729 01:14:25,520 --> 01:14:29,199 Kenyatta where they have 1acre lots 1730 01:14:29,199 --> 01:14:30,960 where you have the main residence and 1731 01:14:30,960 --> 01:14:33,679 you have two detached ADUs 1732 01:14:33,679 --> 01:14:36,640 on that 1acre footprint 1733 01:14:36,640 --> 01:14:39,520 and this property they have a barn, they 1734 01:14:39,520 --> 01:14:40,719 have a horse turnout area, they have a 1735 01:14:40,719 --> 01:14:44,239 main residence, they have a pool. 1736 01:14:44,239 --> 01:14:47,360 It just seems like the 1737 01:14:47,360 --> 01:14:49,120 um 1738 01:14:49,120 --> 01:14:52,719 the concern would be 1739 01:14:52,719 --> 01:14:57,600 just l unilaterally as soon as the 1740 01:14:57,600 --> 01:14:59,920 concept of an ADU or additional housing 1741 01:14:59,920 --> 01:15:02,080 gets thrown up, the town would be 1742 01:15:02,080 --> 01:15:05,760 willing to abandon the entire easement 1743 01:15:05,760 --> 01:15:08,239 um without additional information that 1744 01:15:08,239 --> 01:15:10,960 says that this is really the only way to 1745 01:15:10,960 --> 01:15:15,350 get an ADU on this property. 1746 01:15:15,360 --> 01:15:18,470 Um 1747 01:15:18,480 --> 01:15:19,440 » and 1748 01:15:19,440 --> 01:15:21,199 >> but I'm not hard and fast on that 1749 01:15:21,199 --> 01:15:21,679 either. 1750 01:15:21,679 --> 01:15:23,120 >> Yeah. 1751 01:15:23,120 --> 01:15:25,520 I think my question is what other 1752 01:15:25,520 --> 01:15:30,960 means do we have here also right like if 1753 01:15:30,960 --> 01:15:33,440 what what precedents exist right with 1754 01:15:33,440 --> 01:15:35,520 respect to 1755 01:15:35,520 --> 01:15:38,159 construction within within easements or 1756 01:15:38,159 --> 01:15:40,080 I don't know partial relinquishment of 1757 01:15:40,080 --> 01:15:42,320 easements etc like what can you help us 1758 01:15:42,320 --> 01:15:44,080 with this [clears throat] space a bit I 1759 01:15:44,080 --> 01:15:46,960 >> I think part of it is you know this 1760 01:15:46,960 --> 01:15:51,360 easement is of limited size um and you 1761 01:15:51,360 --> 01:15:53,120 know it was discussed 1762 01:15:53,120 --> 01:15:55,920 at at the staff level 1763 01:15:55,920 --> 01:15:58,960 that you know cutting you know putting a 1764 01:15:58,960 --> 01:16:00,239 building it has to be set back for 1765 01:16:00,239 --> 01:16:03,679 Montilena Court um you know you start to 1766 01:16:03,679 --> 01:16:06,320 now further biseect this easement of 1767 01:16:06,320 --> 01:16:09,199 limited size and to understand what 1768 01:16:09,199 --> 01:16:11,920 value it would hold would be 1769 01:16:11,920 --> 01:16:14,159 significantly diminished 1770 01:16:14,159 --> 01:16:17,280 >> um and also you know there's also maybe 1771 01:16:17,280 --> 01:16:20,159 an opportunity for another ADU um if 1772 01:16:20,159 --> 01:16:21,920 some this owner or future owner wanted 1773 01:16:21,920 --> 01:16:25,040 to to do that as well. So the purpose 1774 01:16:25,040 --> 01:16:26,719 that we're looking at for general plan 1775 01:16:26,719 --> 01:16:28,800 conformance is related to the housing 1776 01:16:28,800 --> 01:16:30,880 goals and the housing element goals 1777 01:16:30,880 --> 01:16:33,760 policies. Um and so that's why we added 1778 01:16:33,760 --> 01:16:36,159 that condition of approval and to ensure 1779 01:16:36,159 --> 01:16:38,807 that it would be used for housing. Um 1780 01:16:38,807 --> 01:16:40,159 [clears throat] so there would be 1781 01:16:40,159 --> 01:16:41,600 something recorded along with the 1782 01:16:41,600 --> 01:16:43,679 abandonment that indicates this area to 1783 01:16:43,679 --> 01:16:45,199 be used for housing and its ancillary 1784 01:16:45,199 --> 01:16:47,920 uses such as walkways, patios and 1785 01:16:47,920 --> 01:16:49,840 utilities like the subject system. 1786 01:16:49,840 --> 01:16:52,000 >> Yeah. 1787 01:16:52,000 --> 01:16:56,640 would it be reasonable? And um of course 1788 01:16:56,640 --> 01:16:59,360 affordable housing is important, ADUs 1789 01:16:59,360 --> 01:17:01,120 are important. 1790 01:17:01,120 --> 01:17:02,640 Um, 1791 01:17:02,640 --> 01:17:06,800 throwing out the suggestion, would 1792 01:17:06,800 --> 01:17:10,960 it be possible to tweak 1793 01:17:10,960 --> 01:17:16,159 the recommendation to council such that 1794 01:17:16,159 --> 01:17:18,880 the abandonment, 1795 01:17:18,880 --> 01:17:21,360 the potential abandonment of the 1796 01:17:21,360 --> 01:17:26,000 conservation easement is contingent on a 1797 01:17:26,000 --> 01:17:29,280 building permit for an ADU within that 1798 01:17:29,280 --> 01:17:31,920 easement being issued. within a certain 1799 01:17:31,920 --> 01:17:35,679 period of time and that if circumstances 1800 01:17:35,679 --> 01:17:38,719 change for the owners and that ADU 1801 01:17:38,719 --> 01:17:44,080 ultimately does um their plans change and they choose 1802 01:17:44,080 --> 01:17:48,159 not to pursue the ADU that we're just 1803 01:17:48,159 --> 01:17:51,679 not unilaterally giving up that um 1804 01:17:51,679 --> 01:17:53,600 easement without getting an ADU out of 1805 01:17:53,600 --> 01:17:54,320 it. 1806 01:17:54,320 --> 01:17:57,120 >> So you can explore that option. Um I 1807 01:17:57,120 --> 01:17:58,960 think you know the goal that we are 1808 01:17:58,960 --> 01:18:01,280 trying to set at the staff level is even 1809 01:18:01,280 --> 01:18:03,679 if someone submits for a permit obtains 1810 01:18:03,679 --> 01:18:06,320 a permit you know we would have to make 1811 01:18:06,320 --> 01:18:08,400 sure that that easement gets abandoned 1812 01:18:08,400 --> 01:18:11,360 prior to issuing that permit. Um so that 1813 01:18:11,360 --> 01:18:13,600 would have to occur and what we're 1814 01:18:13,600 --> 01:18:16,640 proposing is cuz sometimes people obtain 1815 01:18:16,640 --> 01:18:18,719 permits and then for whatever reasons 1816 01:18:18,719 --> 01:18:21,120 things just don't get built. Um so we 1817 01:18:21,120 --> 01:18:23,520 felt that the the condition as it's 1818 01:18:23,520 --> 01:18:25,360 written that would ensure whether they 1819 01:18:25,360 --> 01:18:28,000 submit for an ADU now or in 7 years from 1820 01:18:28,000 --> 01:18:30,560 now that it would be for housing um and 1821 01:18:30,560 --> 01:18:32,159 only allowed for housing and that would 1822 01:18:32,159 --> 01:18:34,560 then also complete the process of the 1823 01:18:34,560 --> 01:18:35,920 abandonment up front. 1824 01:18:35,920 --> 01:18:38,880 >> So question so [snorts] 1825 01:18:38,880 --> 01:18:42,640 excuse me. So Sage uh what mechanism is 1826 01:18:42,640 --> 01:18:45,360 there to do exactly what you just said 1827 01:18:45,360 --> 01:18:47,199 going forward if this property gets 1828 01:18:47,199 --> 01:18:50,640 sold? So the the easement abandonment 1829 01:18:50,640 --> 01:18:52,640 gets recorded at the county and this 1830 01:18:52,640 --> 01:18:55,040 would be an additional document recorded 1831 01:18:55,040 --> 01:18:56,159 at the same time 1832 01:18:56,159 --> 01:18:57,120 >> without an easement. 1833 01:18:57,120 --> 01:18:58,560 >> So yes, correct. It would it would be 1834 01:18:58,560 --> 01:19:00,400 just indicating the area to be used for 1835 01:19:00,400 --> 01:19:02,560 housing and so this would something that 1836 01:19:02,560 --> 01:19:04,880 would run with the land. 1837 01:19:04,880 --> 01:19:07,199 >> So it would it would be saying 1838 01:19:07,199 --> 01:19:08,880 specifically it would it would be saying 1839 01:19:08,880 --> 01:19:12,239 that this 80 foot easement 1840 01:19:12,239 --> 01:19:13,520 would it would be a statement that says 1841 01:19:13,520 --> 01:19:15,760 that can only be used for housing or 1842 01:19:15,760 --> 01:19:18,159 ADUs or what would the specific I I just 1843 01:19:18,159 --> 01:19:20,560 leave it at housing. Um, you know, you 1844 01:19:20,560 --> 01:19:23,840 could have multiple ADUs. Um, you know, 1845 01:19:23,840 --> 01:19:26,000 someone could redevelop the property. 1846 01:19:26,000 --> 01:19:27,679 Uh, that puts ADUs in a different 1847 01:19:27,679 --> 01:19:29,679 location, a main residence here. I think 1848 01:19:29,679 --> 01:19:32,320 the main goal is more housing units. 1849 01:19:32,320 --> 01:19:33,760 >> Yeah. And and what would that mean with 1850 01:19:33,760 --> 01:19:37,920 respect to things like the existing um 1851 01:19:37,920 --> 01:19:40,960 uh horse facilities? It's it's not 1852 01:19:40,960 --> 01:19:42,159 something that would be explicitly 1853 01:19:42,159 --> 01:19:46,400 allowed in that um the uh something that 1854 01:19:46,400 --> 01:19:47,679 could be contemplated 1855 01:19:47,679 --> 01:19:50,159 >> and those are still the town's position 1856 01:19:50,159 --> 01:19:51,360 is still that it wants the horse 1857 01:19:51,360 --> 01:19:52,640 facilities removed. 1858 01:19:52,640 --> 01:19:54,719 >> Uh at this time I'm not sure exactly 1859 01:19:54,719 --> 01:19:56,719 where the town has ended with that part 1860 01:19:56,719 --> 01:20:00,320 of the process. Uh it's just matter of 1861 01:20:00,320 --> 01:20:02,960 we I have looked in the system permits 1862 01:20:02,960 --> 01:20:05,520 were applied for nothing was issued. Um 1863 01:20:05,520 --> 01:20:08,080 and so this is just how we're pursuing 1864 01:20:08,080 --> 01:20:09,840 uh this process. then the applicant has 1865 01:20:09,840 --> 01:20:12,960 applied for this um abandonment and this 1866 01:20:12,960 --> 01:20:17,590 is the steps that we're taking. 1867 01:20:17,600 --> 01:20:20,800 » So in in in trying to conform to the 1868 01:20:20,800 --> 01:20:23,520 state's requirements regarding housing 1869 01:20:23,520 --> 01:20:26,719 uh for the past several years we've been 1870 01:20:26,719 --> 01:20:29,600 uh making accommodations and deviating a 1871 01:20:29,600 --> 01:20:32,800 little bit from the town's general plan. 1872 01:20:32,800 --> 01:20:35,679 Um so we we haven't been following it to 1873 01:20:35,679 --> 01:20:38,239 the letter but we we've been trying to 1874 01:20:38,239 --> 01:20:42,880 uh uh follow the spirit. So in in this 1875 01:20:42,880 --> 01:20:47,920 case I feel it is uh the site is such 1876 01:20:47,920 --> 01:20:53,280 that um if we consider as an exception 1877 01:20:53,280 --> 01:20:56,159 and compare it to other sites that also 1878 01:20:56,159 --> 01:20:59,760 have easements uh we could uh consider 1879 01:20:59,760 --> 01:21:03,280 them as they come. And in this case, 1880 01:21:03,280 --> 01:21:05,520 it's going to be used for housing and 1881 01:21:05,520 --> 01:21:08,960 also for a percolation field. So, it'll 1882 01:21:08,960 --> 01:21:11,600 be essentially bare except for the the 1883 01:21:11,600 --> 01:21:14,239 housing and the mitigations for 1884 01:21:14,239 --> 01:21:15,600 screening and things like that, I'm 1885 01:21:15,600 --> 01:21:18,960 sure, are are going to be required. Uh 1886 01:21:18,960 --> 01:21:21,520 so, I would uh I would be in favor of 1887 01:21:21,520 --> 01:21:25,040 passing and abandoning the easement. Um 1888 01:21:25,040 --> 01:21:29,520 granted that uh like Sage said going 1889 01:21:29,520 --> 01:21:31,840 into the future uh there would be 1890 01:21:31,840 --> 01:21:34,239 documents uh that would be restricting 1891 01:21:34,239 --> 01:21:37,600 its use. So in essence it would still 1892 01:21:37,600 --> 01:21:41,040 stay partially as a conservation 1893 01:21:41,040 --> 01:21:43,360 easement because of those restrictions 1894 01:21:43,360 --> 01:21:46,400 and if we consider other properties that 1895 01:21:46,400 --> 01:21:49,920 also have easements um maybe these 1896 01:21:49,920 --> 01:21:51,600 circum you know the circumstances are 1897 01:21:51,600 --> 01:21:53,360 different and we can't reach the same 1898 01:21:53,360 --> 01:21:56,639 conclusion. So those are my thoughts. I 1899 01:21:56,639 --> 01:21:58,880 think I might add on on general plan. 1900 01:21:58,880 --> 01:22:00,719 It's so part of the reason I was pushing 1901 01:22:00,719 --> 01:22:04,000 on the the horse facilities also is in 1902 01:22:04,000 --> 01:22:05,600 general plan and residential design 1903 01:22:05,600 --> 01:22:08,080 guidelines both point to honoring 1904 01:22:08,080 --> 01:22:11,040 equestrian heritage of the town and so 1905 01:22:11,040 --> 01:22:13,679 much so that you're supposed to like the 1906 01:22:13,679 --> 01:22:15,280 general plan would actually tell us 1907 01:22:15,280 --> 01:22:17,920 approve this for horse facilities before 1908 01:22:17,920 --> 01:22:19,600 you approve it for housing right state 1909 01:22:19,600 --> 01:22:21,760 aside because it would say things like 1910 01:22:21,760 --> 01:22:24,159 you're supposed to uh you know enhance 1911 01:22:24,159 --> 01:22:25,760 the vis visibility of equestrian 1912 01:22:25,760 --> 01:22:27,520 facilities while you know diminishing 1913 01:22:27,520 --> 01:22:30,480 the presence of human facilities, right? 1914 01:22:30,480 --> 01:22:32,560 So, I mean from that perspective, I mean 1915 01:22:32,560 --> 01:22:36,400 it seems like there's a con I say 1916 01:22:36,400 --> 01:22:39,360 contentious or it's the right way to say 1917 01:22:39,360 --> 01:22:42,400 unresolved discussion on the status of 1918 01:22:42,400 --> 01:22:45,440 these permits. But I mean my perspective 1919 01:22:45,440 --> 01:22:47,120 on this would be if we're if we're 1920 01:22:47,120 --> 01:22:48,719 saying housing and if there are existing 1921 01:22:48,719 --> 01:22:52,000 horse facilities and if we are you know 1922 01:22:52,000 --> 01:22:54,320 continuing to try to enhance equestrian 1923 01:22:54,320 --> 01:22:55,760 nature of the town which you know is 1924 01:22:55,760 --> 01:22:58,239 generally on the decline. Um, I would 1925 01:22:58,239 --> 01:23:01,679 actually advocate for also adding that 1926 01:23:01,679 --> 01:23:04,880 to the conditions, right? So maybe it's, 1927 01:23:04,880 --> 01:23:07,920 you know, you're not building, 1928 01:23:07,920 --> 01:23:09,600 forgive me, but like a warehouse there. 1929 01:23:09,600 --> 01:23:11,440 You're not building like you you're 1930 01:23:11,440 --> 01:23:13,760 building either housing or maybe I would 1931 01:23:13,760 --> 01:23:15,840 probably add equestrian facilities to it 1932 01:23:15,840 --> 01:23:17,840 as well, given that these have been 1933 01:23:17,840 --> 01:23:20,560 there for it sounds like 20 odd years. 1934 01:23:20,560 --> 01:23:23,920 Um, that would be consistent with the 1935 01:23:23,920 --> 01:23:31,280 general plan. And frankly, I think that as people are driving down 84, 1936 01:23:31,280 --> 01:23:32,880 there are a number of horse facilities 1937 01:23:32,880 --> 01:23:35,120 that that abut it already. And that 1938 01:23:35,120 --> 01:23:38,639 frankly kind of continues that 1939 01:23:38,639 --> 01:23:40,320 um 1940 01:23:40,320 --> 01:23:42,960 feel slash supports equestrian heritage. 1941 01:23:42,960 --> 01:23:45,280 >> Yeah. And that's what I've seen driving 1942 01:23:45,280 --> 01:23:47,520 by that property. It's you see the 1943 01:23:47,520 --> 01:23:49,760 horses and the corral there. 1944 01:23:49,760 --> 01:23:56,470 >> Yes. That's the main 1945 01:23:56,480 --> 01:23:59,199 I think we're frozen here. It seems like 1946 01:23:59,199 --> 01:24:02,000 based on a straw poll here, we're two to 1947 01:24:02,000 --> 01:24:05,360 one. Um, 1948 01:24:05,360 --> 01:24:08,159 my main concern about this 1949 01:24:08,159 --> 01:24:10,320 is 1950 01:24:10,320 --> 01:24:13,760 not setting a precedent or trying to 1951 01:24:13,760 --> 01:24:17,520 develop some additional criteria 1952 01:24:17,520 --> 01:24:24,149 that would 1953 01:24:24,159 --> 01:24:27,360 not allow this to become sort of an 1954 01:24:27,360 --> 01:24:31,280 open-ended door that 1955 01:24:31,280 --> 01:24:34,080 as soon as you throw down the affordable 1956 01:24:34,080 --> 01:24:37,760 housing card that we just abandon the 1957 01:24:37,760 --> 01:24:40,159 conservation easement from the 1958 01:24:40,159 --> 01:24:42,880 standpoint of just 1959 01:24:42,880 --> 01:24:45,360 this particular 1960 01:24:45,360 --> 01:24:48,320 parcel. I do not have a problem if we 1961 01:24:48,320 --> 01:24:50,560 end up with a split vote on this as a 1962 01:24:50,560 --> 01:24:52,400 recommendation to council. I won't lose 1963 01:24:52,400 --> 01:24:56,639 any sleep over it. But I would note when 1964 01:24:56,639 --> 01:24:58,960 this goes on to council that my sole 1965 01:24:58,960 --> 01:25:02,000 concern about it was just 1966 01:25:02,000 --> 01:25:05,199 trying to set some sort of criteria or 1967 01:25:05,199 --> 01:25:06,960 threshold 1968 01:25:06,960 --> 01:25:09,040 where 1969 01:25:09,040 --> 01:25:12,000 um affordable housing is a goal, the 1970 01:25:12,000 --> 01:25:14,239 desire of the owners to have an ADU on 1971 01:25:14,239 --> 01:25:17,840 the property is a goal. Um, but we need 1972 01:25:17,840 --> 01:25:21,040 to weigh that against the reason that 1973 01:25:21,040 --> 01:25:22,880 when the subdivisions occurred, the 1974 01:25:22,880 --> 01:25:25,920 conservation easements were asked for. 1975 01:25:25,920 --> 01:25:29,120 And it seems like that that just rather 1976 01:25:29,120 --> 01:25:31,679 than preemptively abandoning the 1977 01:25:31,679 --> 01:25:35,120 easement, we need to have some sort of 1978 01:25:35,120 --> 01:25:38,239 policy or criteria worked out. 1979 01:25:38,239 --> 01:25:40,239 >> So, I'll just leave it at that. 1980 01:25:40,239 --> 01:25:42,719 >> I think that's well stated. Um, and we I 1981 01:25:42,719 --> 01:25:45,120 mean we have variance processes and 1982 01:25:45,120 --> 01:25:47,679 findings that we are supposed to make in 1983 01:25:47,679 --> 01:25:49,199 many different cases. I don't know if 1984 01:25:49,199 --> 01:25:50,880 anything's written down about easement 1985 01:25:50,880 --> 01:25:52,960 abandonment, but it strikes me that that 1986 01:25:52,960 --> 01:25:54,400 could also be something that we could 1987 01:25:54,400 --> 01:25:55,280 request, 1988 01:25:55,280 --> 01:25:56,960 >> you know, consideration of language 1989 01:25:56,960 --> 01:25:59,600 around that says 1990 01:25:59,600 --> 01:26:00,800 here are the findings that need to be 1991 01:26:00,800 --> 01:26:02,560 made because I think if we had those 1992 01:26:02,560 --> 01:26:04,639 findings that would address your 1993 01:26:04,639 --> 01:26:05,120 concern. 1994 01:26:05,120 --> 01:26:07,040 >> Yes, that would address my concern. 1995 01:26:07,040 --> 01:26:10,000 >> Yeah. So findings like for example to 1996 01:26:10,000 --> 01:26:12,639 advance just brainstorming but like to 1997 01:26:12,639 --> 01:26:16,080 advance housing you know goals in cases 1998 01:26:16,080 --> 01:26:22,480 where there's no uh as with this site in cases where there's no sort of better 1999 01:26:22,480 --> 01:26:25,199 uh site where you know it create undue 2000 01:26:25,199 --> 01:26:26,560 hardship. I think there's a lot of that 2001 01:26:26,560 --> 01:26:27,840 language that could 2002 01:26:27,840 --> 01:26:30,080 >> usually when we grant like a setback 2003 01:26:30,080 --> 01:26:33,120 exception, we have something a little 2004 01:26:33,120 --> 01:26:36,320 bit more definite than 2005 01:26:36,320 --> 01:26:38,480 >> what we have here tonight. And that's 2006 01:26:38,480 --> 01:26:40,880 not anyone's fault, per se, because the 2007 01:26:40,880 --> 01:26:43,600 recommendation was just to abandon it, 2008 01:26:43,600 --> 01:26:47,360 >> but it seems like 2009 01:26:47,360 --> 01:26:50,400 just to not make it a totally open-ended 2010 01:26:50,400 --> 01:26:52,000 process that we need some sort of 2011 01:26:52,000 --> 01:26:55,360 criteria. Yeah, I think I mean we in in 2012 01:26:55,360 --> 01:26:57,199 the interest of continued maybe 2013 01:26:57,199 --> 01:26:58,960 amendments to what we would recommend to 2014 01:26:58,960 --> 01:27:02,639 town council. I think in in in this case 2015 01:27:02,639 --> 01:27:04,560 I think we could put something sage keep 2016 01:27:04,560 --> 01:27:06,480 is on us that that essentially also 2017 01:27:06,480 --> 01:27:10,000 recommends that that they 2018 01:27:10,000 --> 01:27:11,840 you know I think town council would need 2019 01:27:11,840 --> 01:27:14,480 to request this if we want to create a 2020 01:27:14,480 --> 01:27:17,600 formal you know variant/acception 2021 01:27:17,600 --> 01:27:20,000 process for easements that would be 2022 01:27:20,000 --> 01:27:21,120 something town council would need to 2023 01:27:21,120 --> 01:27:22,480 request you all to consider. 2024 01:27:22,480 --> 01:27:23,920 >> That's correct. Yeah. So you you could 2025 01:27:23,920 --> 01:27:25,520 provide that as a recommendation. Town 2026 01:27:25,520 --> 01:27:26,480 council right 2027 01:27:26,480 --> 01:27:28,159 >> consider that and it would be a little a 2028 01:27:28,159 --> 01:27:31,760 bit separate from this action. Um but uh 2029 01:27:31,760 --> 01:27:33,280 >> be separate from this action, but we 2030 01:27:33,280 --> 01:27:35,120 could 2031 01:27:35,120 --> 01:27:37,040 >> we could still include when this 2032 01:27:37,040 --> 01:27:38,239 >> Right. I mean, if you're asking us to 2033 01:27:38,239 --> 01:27:40,000 change the code before action takes 2034 01:27:40,000 --> 01:27:43,840 >> No, no, no, no, no, no. But but when our recommendation goes to the town 2035 01:27:43,840 --> 01:27:45,520 council, I would feel more comfortable 2036 01:27:45,520 --> 01:27:48,400 if it is Well, so my my two things that 2037 01:27:48,400 --> 01:27:50,800 I would change are are number one, 2038 01:27:50,800 --> 01:27:53,440 >> including the equestrian piece. 2039 01:27:53,440 --> 01:27:57,199 And then number two, requesting the um 2040 01:27:57,199 --> 01:27:59,760 development of a exception variance 2041 01:27:59,760 --> 01:28:00,320 process. 2042 01:28:00,320 --> 01:28:02,000 >> Yes, we can include that if that's part 2043 01:28:02,000 --> 01:28:02,800 of your motion. 2044 01:28:02,800 --> 01:28:06,000 >> Yeah. Okay. And the applicants been 2045 01:28:06,000 --> 01:28:07,199 trying to say something for right 2046 01:28:07,199 --> 01:28:08,719 sometime. Why don't you go ahead and 2047 01:28:08,719 --> 01:28:10,480 approach the mic, please? 2048 01:28:10,480 --> 01:28:14,080 >> I would appreciate being educated as to 2049 01:28:14,080 --> 01:28:16,159 why you think there is a conservation 2050 01:28:16,159 --> 01:28:18,719 easement there. There is no contract. I 2051 01:28:18,719 --> 01:28:20,400 went through the whole thing. We've had 2052 01:28:20,400 --> 01:28:22,159 three legal 2053 01:28:22,159 --> 01:28:25,199 um advisors 2054 01:28:25,199 --> 01:28:28,080 and the town acquiesced and gave it gave 2055 01:28:28,080 --> 01:28:31,520 up any claim to it. You have to have 2056 01:28:31,520 --> 01:28:34,239 process and the process for conservation 2057 01:28:34,239 --> 01:28:37,840 easements is very clear and it is very 2058 01:28:37,840 --> 01:28:41,679 complicated. It is not a a note on a 2059 01:28:41,679 --> 01:28:45,920 plat map giving to an amorphous group 2060 01:28:45,920 --> 01:28:48,639 that cannot even sign a contract. So 2061 01:28:48,639 --> 01:28:50,159 where do you get that there is a 2062 01:28:50,159 --> 01:28:55,990 conservation easement in place? 2063 01:28:56,000 --> 01:28:58,000 » If there were a conservation in place, 2064 01:28:58,000 --> 01:28:59,360 there would be a different this would be 2065 01:28:59,360 --> 01:29:01,199 a different story. I agree. 2066 01:29:01,199 --> 01:29:01,920 >> Yeah. I just 2067 01:29:01,920 --> 01:29:02,800 >> there is none. 2068 01:29:02,800 --> 01:29:04,000 >> I just want to be careful because I 2069 01:29:04,000 --> 01:29:06,400 don't I don't think planning commission 2070 01:29:06,400 --> 01:29:08,800 is 2071 01:29:08,800 --> 01:29:11,760 uh relevant to that specific question. 2072 01:29:11,760 --> 01:29:12,000 Right. 2073 01:29:12,000 --> 01:29:13,840 >> That's why Lyall is saying he doesn't 2074 01:29:13,840 --> 01:29:16,560 want to um vote for this. Well, I think 2075 01:29:16,560 --> 01:29:18,960 what what I hear 2076 01:29:18,960 --> 01:29:22,320 what I what I hear you saying is 2077 01:29:22,320 --> 01:29:25,360 predicated on a 2078 01:29:25,360 --> 01:29:28,080 legal assumption of if there is a valid 2079 01:29:28,080 --> 01:29:30,639 easement, right? But we are not I don't 2080 01:29:30,639 --> 01:29:32,719 think we are making judgment on the 2081 01:29:32,719 --> 01:29:34,320 validity of the easement. That's more of 2082 01:29:34,320 --> 01:29:37,040 a legal sash town council question. But 2083 01:29:37,040 --> 01:29:40,560 I I think Lyle's point is is well stated 2084 01:29:40,560 --> 01:29:44,239 in that in the presence of an easement 2085 01:29:44,239 --> 01:29:47,199 which is legal which here may or may not 2086 01:29:47,199 --> 01:29:48,560 be the case but I don't think it matters 2087 01:29:48,560 --> 01:29:49,199 for our decision 2088 01:29:49,199 --> 01:29:51,120 >> in the framework that we work. 2089 01:29:51,120 --> 01:29:53,199 >> Well I'm sorry I don't understand why it 2090 01:29:53,199 --> 01:29:56,800 wouldn't matter because 2091 01:29:56,800 --> 01:29:58,480 let me just finish. Lyall is saying that 2092 01:29:58,480 --> 01:30:00,639 it would set a precedent 2093 01:30:00,639 --> 01:30:02,960 >> and it doesn't set a precedent for any 2094 01:30:02,960 --> 01:30:06,159 legal conservation easements. This is an 2095 01:30:06,159 --> 01:30:08,400 exception because this is not a 2096 01:30:08,400 --> 01:30:09,360 conservation ement. 2097 01:30:09,360 --> 01:30:11,120 >> We are not making a decision on the 2098 01:30:11,120 --> 01:30:13,120 validity of the conservation easement. 2099 01:30:13,120 --> 01:30:15,360 That's that's not our how can you how 2100 01:30:15,360 --> 01:30:17,840 can you decide whether to abandon it if 2101 01:30:17,840 --> 01:30:20,880 you don't know whether it exists or not? 2102 01:30:20,880 --> 01:30:23,120 >> That it's in my mind it's a separate 2103 01:30:23,120 --> 01:30:24,960 legal issue. Right? So if if there 2104 01:30:24,960 --> 01:30:27,280 continues to be you know a legal 2105 01:30:27,280 --> 01:30:29,679 distinction slash potential litigation 2106 01:30:29,679 --> 01:30:31,280 on the validity of the easement that's 2107 01:30:31,280 --> 01:30:34,080 another thing. But our job is we are 2108 01:30:34,080 --> 01:30:39,040 presented with a you know a body of 2109 01:30:39,040 --> 01:30:41,360 facts that assumes the easement exists. 2110 01:30:41,360 --> 01:30:43,120 And I'm I'm not saying it does or 2111 01:30:43,120 --> 01:30:45,600 doesn't but in the context of I think 2112 01:30:45,600 --> 01:30:47,840 what Lyall is saying it's words in your 2113 01:30:47,840 --> 01:30:50,480 mouth but if there are legal easements 2114 01:30:50,480 --> 01:30:52,239 we just want to make sure that there is 2115 01:30:52,239 --> 01:30:54,800 a process where they're not all handed 2116 01:30:54,800 --> 01:30:55,040 over to 2117 01:30:55,040 --> 01:30:57,120 >> housing. We were trying to protect the 2118 01:30:57,120 --> 01:30:59,920 town from that too. I mean that's 2119 01:30:59,920 --> 01:31:02,400 exactly there were emails where we've 2120 01:31:02,400 --> 01:31:04,560 discussed it with our lawyer. How can we 2121 01:31:04,560 --> 01:31:07,520 protect the town from you know having 2122 01:31:07,520 --> 01:31:10,880 all these illegal easements come to come 2123 01:31:10,880 --> 01:31:13,520 to to mind? But if they do they're 2124 01:31:13,520 --> 01:31:14,480 illegal 2125 01:31:14,480 --> 01:31:17,199 >> and the town the town can't defend 2126 01:31:17,199 --> 01:31:19,600 illegal easements. 2127 01:31:19,600 --> 01:31:20,639 >> But no [clears throat] due respect this 2128 01:31:20,639 --> 01:31:22,960 is outside the scope of our disc. 2129 01:31:22,960 --> 01:31:25,040 >> Well that's this is going to be a legal 2130 01:31:25,040 --> 01:31:27,040 issue. I' I'd like to move on to the 2131 01:31:27,040 --> 01:31:29,360 actual decision we're making. Okay. So, 2132 01:31:29,360 --> 01:31:32,080 um and then one other question for Sage. 2133 01:31:32,080 --> 01:31:34,639 As far as the exemptions 2134 01:31:34,639 --> 01:31:36,639 on the are the restrictions you're 2135 01:31:36,639 --> 01:31:40,080 putting on the property if you if an ADU 2136 01:31:40,080 --> 01:31:42,800 is built, we can't have a garage. We 2137 01:31:42,800 --> 01:31:46,639 can't have a barn. We can't have 2138 01:31:46,639 --> 01:31:48,239 anything that somebody moving to 2139 01:31:48,239 --> 01:31:50,880 Woodside might want to have. And why 2140 01:31:50,880 --> 01:31:52,880 would that why would that be a 2141 01:31:52,880 --> 01:31:53,440 restriction? 2142 01:31:53,440 --> 01:31:55,920 >> So, two things on course. Agent. So, if 2143 01:31:55,920 --> 01:31:58,639 it's housing, housing typically includes 2144 01:31:58,639 --> 01:32:01,679 the associated garages. No. 2145 01:32:01,679 --> 01:32:04,239 >> If they had an attached garage to this, 2146 01:32:04,239 --> 01:32:06,000 those to serve the ADU. 2147 01:32:06,000 --> 01:32:06,800 >> Yeah. 2148 01:32:06,800 --> 01:32:08,880 >> What if it's a detached garage? We don't 2149 01:32:08,880 --> 01:32:13,350 have room for an attached garage. 2150 01:32:13,360 --> 01:32:18,310 » We we were planning a detached garage. 2151 01:32:18,320 --> 01:32:20,560 » I don't understand why why the town is 2152 01:32:20,560 --> 01:32:22,800 putting restrictions on it at all other 2153 01:32:22,800 --> 01:32:24,480 than housing. I mean, I could understand 2154 01:32:24,480 --> 01:32:31,199 that. But a barn in Woodside, you're refusing that a barn might be put 2155 01:32:31,199 --> 01:32:37,030 up. I mean, or a garage. 2156 01:32:37,040 --> 01:32:38,960 No, I mean, I don't understand. So, 2157 01:32:38,960 --> 01:32:40,880 could you explain, Sage, why those 2158 01:32:40,880 --> 01:32:46,244 restrictions are put in here? 2159 01:32:46,254 --> 01:32:46,880 [clears throat] 2160 01:32:46,880 --> 01:32:49,280 >> If it's up to the count uh commission, 2161 01:32:49,280 --> 01:32:51,280 you want me to respond or questions? 2162 01:32:51,280 --> 01:32:53,600 >> Well, who who puts those restrictions on 2163 01:32:53,600 --> 01:32:55,760 the property? I think I again I I want 2164 01:32:55,760 --> 01:32:56,800 >> I'm trying to educate myself. 2165 01:32:56,800 --> 01:32:58,239 >> Look, I want to move us past the 2166 01:32:58,239 --> 01:32:59,520 discussion on the validity of the 2167 01:32:59,520 --> 01:33:01,840 easement is not for us to decide. That 2168 01:33:01,840 --> 01:33:02,320 is for 2169 01:33:02,320 --> 01:33:04,000 >> Okay, but I'm not talking about that. 2170 01:33:04,000 --> 01:33:05,840 I'm now talking about the restrictions 2171 01:33:05,840 --> 01:33:08,880 you're imposing on the property if this 2172 01:33:08,880 --> 01:33:11,280 even goes to an AD if it can go to an 2173 01:33:11,280 --> 01:33:12,560 ADU. 2174 01:33:12,560 --> 01:33:14,719 >> Now, we can't have a garage and if I 2175 01:33:14,719 --> 01:33:17,840 wanted to have a small barn or small 2176 01:33:17,840 --> 01:33:20,800 poultry thing or something 2177 01:33:20,800 --> 01:33:22,800 >> in Woodside, we can't even do that, 2178 01:33:22,800 --> 01:33:25,040 >> right? So look, I this this decision 2179 01:33:25,040 --> 01:33:26,400 hasn't been made. So I think let's 2180 01:33:26,400 --> 01:33:28,639 return please to to commissioner 2181 01:33:28,639 --> 01:33:30,080 deliberation. So we have a 2182 01:33:30,080 --> 01:33:31,520 recommendation from yeah 2183 01:33:31,520 --> 01:33:33,360 >> town staff which is house which is to 2184 01:33:33,360 --> 01:33:34,560 allow housing only. 2185 01:33:34,560 --> 01:33:34,880 >> Yeah. 2186 01:33:34,880 --> 01:33:36,880 >> And I think now we'll return to we we 2187 01:33:36,880 --> 01:33:38,480 need a little bit of of space for the 2188 01:33:38,480 --> 01:33:40,480 three of us to to debate those 2189 01:33:40,480 --> 01:33:41,520 conditions. 2190 01:33:41,520 --> 01:33:44,400 >> So you can go ahead and sit down. 2191 01:33:44,400 --> 01:33:47,280 >> Thank you. 2192 01:33:47,280 --> 01:33:50,159 Okay. So I I think I mean 2193 01:33:50,159 --> 01:33:53,280 right so again the just to sort of 2194 01:33:53,280 --> 01:33:55,440 re-encor us we're not deciding on the 2195 01:33:55,440 --> 01:33:59,360 legal status of this number. So I just 2196 01:33:59,360 --> 01:34:00,560 want to be clear 2197 01:34:00,560 --> 01:34:02,800 >> and on the record that 2198 01:34:02,800 --> 01:34:05,520 >> sorry what I say um 2199 01:34:05,520 --> 01:34:08,719 we the decision we are going to make is 2200 01:34:08,719 --> 01:34:13,360 predicated on the fact or the 2201 01:34:13,360 --> 01:34:15,679 >> on the assumption right that that is put 2202 01:34:15,679 --> 01:34:18,159 the the assumption put in front of us is 2203 01:34:18,159 --> 01:34:19,120 that it's legal. 2204 01:34:19,120 --> 01:34:19,760 >> Yes 2205 01:34:19,760 --> 01:34:22,000 >> we're not deciding on that that can be 2206 01:34:22,000 --> 01:34:26,320 decided in other forums by lawyers etc. 2207 01:34:26,320 --> 01:34:30,560 Uh I think the one remaining thing is 2208 01:34:30,560 --> 01:34:33,360 it sounds like to try to synthesize 2209 01:34:33,360 --> 01:34:36,639 where we are. If we are recommending a 2210 01:34:36,639 --> 01:34:39,679 variance a formal variance 2211 01:34:39,679 --> 01:34:43,199 uh exception process 2212 01:34:43,199 --> 01:34:47,520 uh then so I guess A are be unanimous on 2213 01:34:47,520 --> 01:34:50,320 that and then B would be what 2214 01:34:50,320 --> 01:34:52,560 restrictions if any we want to have on 2215 01:34:52,560 --> 01:34:54,719 the usage 2216 01:34:54,719 --> 01:34:57,440 of the 2217 01:34:57,440 --> 01:34:59,360 >> assumed easement [laughter] 2218 01:34:59,360 --> 01:35:02,560 right which again uh town staff's 2219 01:35:02,560 --> 01:35:05,679 recommendation is housing only 2220 01:35:05,679 --> 01:35:07,520 uh my position is extending that to 2221 01:35:07,520 --> 01:35:09,760 include equestrian would be would be 2222 01:35:09,760 --> 01:35:12,719 good. Uh and then it it sounds like a 2223 01:35:12,719 --> 01:35:15,360 garage a detached garage is is 2224 01:35:15,360 --> 01:35:18,159 potentially another uh item to discuss. 2225 01:35:18,159 --> 01:35:20,960 So maybe we can make the rounds on where 2226 01:35:20,960 --> 01:35:24,239 we feel on the on that issue. 2227 01:35:24,239 --> 01:35:26,320 >> We're not going to hit all the points. 2228 01:35:26,320 --> 01:35:28,560 We're not going to hit uh we're not 2229 01:35:28,560 --> 01:35:31,280 going to have all those different things 2230 01:35:31,280 --> 01:35:33,199 that you can have associated with 2231 01:35:33,199 --> 01:35:38,320 housing necessarily in this meeting. I I don't know if we can. I mean a garage. 2232 01:35:38,320 --> 01:35:41,679 Sure. I think Well, I So my 2233 01:35:41,679 --> 01:35:43,360 understanding would be I mean we c we 2234 01:35:43,360 --> 01:35:46,480 can amend the recommendation any way 2235 01:35:46,480 --> 01:35:50,480 we'd like or sorry we can recommend to 2236 01:35:50,480 --> 01:35:53,040 town council any recommendations. So 2237 01:35:53,040 --> 01:35:55,920 it's currently housing. Uh my position 2238 01:35:55,920 --> 01:35:59,920 would be to add equestrian in this case. 2239 01:35:59,920 --> 01:36:04,560 >> Whether we want to make a statement on a garage or not. Um I mean the attached 2240 01:36:04,560 --> 01:36:07,280 garage is already allowed and valid. 2241 01:36:07,280 --> 01:36:08,320 >> It is allowed. Yeah. 2242 01:36:08,320 --> 01:36:10,800 >> So that that's already valid. I think 2243 01:36:10,800 --> 01:36:12,400 >> the the applicant's question is you know 2244 01:36:12,400 --> 01:36:15,120 do we want to or would we also put 2245 01:36:15,120 --> 01:36:16,960 something in there to for example enable 2246 01:36:16,960 --> 01:36:20,629 a dec 2247 01:36:20,639 --> 01:36:22,880 isn't that part of the application 2248 01:36:22,880 --> 01:36:25,199 process for the ADU? it's to be 2249 01:36:25,199 --> 01:36:28,080 deliberated by staff. 2250 01:36:28,080 --> 01:36:30,080 >> So, if I may, you know, the primary 2251 01:36:30,080 --> 01:36:31,920 recommendation is based on the housing 2252 01:36:31,920 --> 01:36:34,080 goals. And so, that's what that was put. 2253 01:36:34,080 --> 01:36:36,080 In terms of um certain types of 2254 01:36:36,080 --> 01:36:37,360 equestrian uses that are out there 2255 01:36:37,360 --> 01:36:38,880 today, that could be something that's 2256 01:36:38,880 --> 01:36:41,360 ancillary to that housing. Um but to not 2257 01:36:41,360 --> 01:36:43,280 build housing in just a barn, that would 2258 01:36:43,280 --> 01:36:45,920 be a different question. Um so, you 2259 01:36:45,920 --> 01:36:48,719 know, I just think that's important to 2260 01:36:48,719 --> 01:36:50,239 look at when we're looking at the 2261 01:36:50,239 --> 01:37:01,030 general plan conformance. 2262 01:37:01,040 --> 01:37:05,840 So, we're all agreed that we would make 2263 01:37:05,840 --> 01:37:08,320 a recommendation to council that 2264 01:37:08,320 --> 01:37:11,520 criteria be established in the in the 2265 01:37:11,520 --> 01:37:13,280 municipal code for this sort of thing 2266 01:37:13,280 --> 01:37:14,239 going forward. 2267 01:37:14,239 --> 01:37:15,679 >> Going forward. Mhm. 2268 01:37:15,679 --> 01:37:18,560 >> And that is and that would be subject 2269 01:37:18,560 --> 01:37:22,159 probably to a study session or vetting 2270 01:37:22,159 --> 01:37:24,000 through the planning commission and then 2271 01:37:24,000 --> 01:37:25,760 ultimately council would deal with that 2272 01:37:25,760 --> 01:37:27,840 as a matter of policy what they decide 2273 01:37:27,840 --> 01:37:29,760 they want to do. 2274 01:37:29,760 --> 01:37:31,360 >> Okay. 2275 01:37:31,360 --> 01:37:33,199 We're all agreed on that. So we 2276 01:37:33,199 --> 01:37:36,400 can make that I mean presumably treating 2277 01:37:36,400 --> 01:37:38,800 this as a straw pole we would uh you 2278 01:37:38,800 --> 01:37:40,320 know make that a three to zero 2279 01:37:40,320 --> 01:37:42,639 recommendation 2280 01:37:42,639 --> 01:37:47,440 on the draft resolution here 2281 01:37:47,440 --> 01:37:50,719 whatever you guys decide to make it it's 2282 01:37:50,719 --> 01:37:54,800 going to be a 2:1 split with 2283 01:37:54,800 --> 01:37:56,560 and the 2284 01:37:56,560 --> 01:37:58,239 and I'm just trying to make clear for 2285 01:37:58,239 --> 01:38:01,280 the record that my reason for voting no 2286 01:38:01,280 --> 01:38:05,030 would the 2287 01:38:05,040 --> 01:38:06,960 just 2288 01:38:06,960 --> 01:38:09,840 we don't want to make abandonment of 2289 01:38:09,840 --> 01:38:13,760 these easements totally unilateral 2290 01:38:13,760 --> 01:38:16,400 >> and and unilateral in your view includes 2291 01:38:16,400 --> 01:38:17,440 this process we're going through 2292 01:38:17,440 --> 01:38:19,199 tonight. 2293 01:38:19,199 --> 01:38:23,600 >> Yes. in that we don't have I mean when 2294 01:38:23,600 --> 01:38:27,600 we grant a setback variance [snorts] 2295 01:38:27,600 --> 01:38:30,239 we have some technical data or some 2296 01:38:30,239 --> 01:38:33,040 explanations about why the only 2297 01:38:33,040 --> 01:38:36,080 alternative for this property is to put 2298 01:38:36,080 --> 01:38:39,679 the ADU in this area and that may very 2299 01:38:39,679 --> 01:38:44,239 well be the case but this hasn't been 2300 01:38:44,239 --> 01:38:48,239 really engineered or looked at and 2301 01:38:48,239 --> 01:38:52,239 absent that I'm unable to make findings 2302 01:38:52,239 --> 01:38:53,920 to just say let's just go ahead and 2303 01:38:53,920 --> 01:38:55,679 abandon it up front. 2304 01:38:55,679 --> 01:39:00,000 >> Well, hasn't staff um hasn't staffed 2305 01:39:00,000 --> 01:39:02,880 looked at this in detail and uh 2306 01:39:02,880 --> 01:39:05,440 concluded that in your recommendation to 2307 01:39:05,440 --> 01:39:08,639 pass this bas you know indicating that 2308 01:39:08,639 --> 01:39:10,639 other areas are not feasible. They've 2309 01:39:10,639 --> 01:39:13,119 already researched this. In this case, 2310 01:39:13,119 --> 01:39:15,040 >> you've analyzed the site plan. Um it'd 2311 01:39:15,040 --> 01:39:17,280 be very difficult given the setback 2312 01:39:17,280 --> 01:39:20,159 requirements and the ditch and the storm 2313 01:39:20,159 --> 01:39:22,560 drain easement. Uh those are the primary 2314 01:39:22,560 --> 01:39:23,520 factors. 2315 01:39:23,520 --> 01:39:25,360 >> All right. So staff is going to say the 2316 01:39:25,360 --> 01:39:27,199 only place you could put an ADU on this 2317 01:39:27,199 --> 01:39:29,760 property is in that easement. 2318 01:39:29,760 --> 01:39:31,520 >> We're looking at the potential for an 2319 01:39:31,520 --> 01:39:34,800 easement to fit in this area. Um you 2320 01:39:34,800 --> 01:39:38,000 could I don't know the details of septic 2321 01:39:38,000 --> 01:39:40,159 suitability. Um this is where they're 2322 01:39:40,159 --> 01:39:42,320 proposing a septic system. There's very 2323 01:39:42,320 --> 01:39:44,320 limited areas that septic could go. It 2324 01:39:44,320 --> 01:39:46,480 cannot go under driveways. It cannot go 2325 01:39:46,480 --> 01:39:49,920 under paved surfaces. Um, and you look 2326 01:39:49,920 --> 01:39:51,520 at where and then there's an open 2327 01:39:51,520 --> 01:39:53,679 drainage ditch and there's further 2328 01:39:53,679 --> 01:39:56,480 setback requirements for septic uh for 2329 01:39:56,480 --> 01:39:58,400 those. And they not only have to provide 2330 01:39:58,400 --> 01:40:00,800 septic, they have to provide a 100% 2331 01:40:00,800 --> 01:40:03,360 expansion area as well. Um, and all of 2332 01:40:03,360 --> 01:40:05,360 those areas would need to perk and be 2333 01:40:05,360 --> 01:40:08,629 available. 2334 01:40:08,639 --> 01:40:09,280 » Yeah. 2335 01:40:09,280 --> 01:40:12,560 >> Okay. Perhaps I didn't read the staff 2336 01:40:12,560 --> 01:40:16,800 report diligently enough, but if you 2337 01:40:16,800 --> 01:40:19,600 know given that assertion, 2338 01:40:19,600 --> 01:40:21,119 um 2339 01:40:21,119 --> 01:40:23,360 I could make that recommendation now at 2340 01:40:23,360 --> 01:40:25,520 this point, but it would be for housing 2341 01:40:25,520 --> 01:40:28,950 only. 2342 01:40:28,960 --> 01:40:32,470 » No question. 2343 01:40:32,480 --> 01:40:37,360 » Well, I mean that's the justification for 2344 01:40:37,360 --> 01:40:40,400 giving up the easement. 2345 01:40:40,400 --> 01:40:42,239 Right. Well, right. So, this the staff 2346 01:40:42,239 --> 01:40:45,040 recommendation is to Sage's point as as 2347 01:40:45,040 --> 01:40:48,800 he mentioned is is based on the housing 2348 01:40:48,800 --> 01:40:51,840 element being a stated goal of town. 2349 01:40:51,840 --> 01:40:52,400 >> Y 2350 01:40:52,400 --> 01:40:55,040 >> the the added thing that that I put in 2351 01:40:55,040 --> 01:40:58,400 because or that that I asserted is based 2352 01:40:58,400 --> 01:41:00,960 on you my general reading of the general 2353 01:41:00,960 --> 01:41:01,760 plan, 2354 01:41:01,760 --> 01:41:04,239 >> right, which is we we live in a 2355 01:41:04,239 --> 01:41:11,040 >> Yeah. you know, in in a town that is we are sworn to uphold the general plan, 2356 01:41:11,040 --> 01:41:12,400 which does have quite a bit of things 2357 01:41:12,400 --> 01:41:14,719 around equestrian, right? Um when we 2358 01:41:14,719 --> 01:41:17,520 moved to Remundo about 9 months ago and 2359 01:41:17,520 --> 01:41:18,880 our neighbors found out we were horse 2360 01:41:18,880 --> 01:41:20,239 people and we were going to tear down 2361 01:41:20,239 --> 01:41:22,800 the somewhat, you know, not dilapidated 2362 01:41:22,800 --> 01:41:26,080 but older barn from the 50s, it was like 2363 01:41:26,080 --> 01:41:27,920 awesome, right? Like this is not being 2364 01:41:27,920 --> 01:41:30,400 demolished and every time we see one of 2365 01:41:30,400 --> 01:41:31,679 these properties turn over, it's it's 2366 01:41:31,679 --> 01:41:33,920 the loss of facilities. So that that's 2367 01:41:33,920 --> 01:41:36,719 my rationale in in in recommending that 2368 01:41:36,719 --> 01:41:39,600 we add equestrian to it. Uh because I do 2369 01:41:39,600 --> 01:41:46,719 think like that seems in in my mind is more important than 2370 01:41:46,719 --> 01:41:51,119 this easement which again I really I I 2371 01:41:51,119 --> 01:41:52,560 am sympathetic to the argument of what 2372 01:41:52,560 --> 01:41:54,159 are we actually conserving here right 2373 01:41:54,159 --> 01:41:58,000 like it's it's adjacent to the road 2374 01:41:58,000 --> 01:41:59,199 it's not like 2375 01:41:59,199 --> 01:42:02,480 >> well what if we add equestrian and the 2376 01:42:02,480 --> 01:42:04,480 owner's plans change or successive 2377 01:42:04,480 --> 01:42:08,320 owners come in and the new owners or 2378 01:42:08,320 --> 01:42:13,040 whomever. Um, there's only equestrian in 2379 01:42:13,040 --> 01:42:15,679 there and there's no ADU in the front. 2380 01:42:15,679 --> 01:42:17,679 >> So, essentially with the justification 2381 01:42:17,679 --> 01:42:20,159 for housing, we've abandoned the 2382 01:42:20,159 --> 01:42:22,400 conservation easement 2383 01:42:22,400 --> 01:42:25,199 and then we ended up with just 2384 01:42:25,199 --> 01:42:26,800 equestrian stuff. 2385 01:42:26,800 --> 01:42:28,560 >> I would have no problem. I I feel like 2386 01:42:28,560 --> 01:42:30,080 that's consistent with general plan. So, 2387 01:42:30,080 --> 01:42:31,199 I don't I don't have a problem with that 2388 01:42:31,199 --> 01:42:32,080 as an outcome. 2389 01:42:32,080 --> 01:42:33,840 >> It's it's the issue when we've been 2390 01:42:33,840 --> 01:42:36,480 looking at is the the public good in 2391 01:42:36,480 --> 01:42:38,000 removing these easements. That's one of 2392 01:42:38,000 --> 01:42:39,520 the findings of the planning uh town 2393 01:42:39,520 --> 01:42:41,360 council will be looking at and that's 2394 01:42:41,360 --> 01:42:44,080 why we extended that to the housing 2395 01:42:44,080 --> 01:42:45,119 goals 2396 01:42:45,119 --> 01:42:47,520 >> um added by the general plan. uh if you 2397 01:42:47,520 --> 01:42:50,880 want to it maybe some middle ground is 2398 01:42:50,880 --> 01:42:53,440 looking at that the primary use has to 2399 01:42:53,440 --> 01:42:56,639 be housing and if there's any ancillary 2400 01:42:56,639 --> 01:43:00,880 turnout areas um small shelters of 120 2401 01:43:00,880 --> 01:43:04,000 ft or less um you know those are kinds 2402 01:43:04,000 --> 01:43:06,000 of things that kind of provide maybe 2403 01:43:06,000 --> 01:43:08,400 that middle ground of making that the 2404 01:43:08,400 --> 01:43:11,600 primary has to be housing and that if 2405 01:43:11,600 --> 01:43:13,600 there's ancillary something similar to 2406 01:43:13,600 --> 01:43:16,000 out there what's out there now um that 2407 01:43:16,000 --> 01:43:17,760 could in support of general plan 2408 01:43:17,760 --> 01:43:18,480 policies. 2409 01:43:18,480 --> 01:43:20,960 >> Yeah. Right. I mean, but I I do think 2410 01:43:20,960 --> 01:43:24,400 frankly I I I feel like the 2411 01:43:24,400 --> 01:43:26,639 um 2412 01:43:26,639 --> 01:43:28,080 I acknowledge I'm the one pushing on the 2413 01:43:28,080 --> 01:43:29,840 equestrian hardest, right? But the 2414 01:43:29,840 --> 01:43:31,360 reasons I'm doing that just to voice 2415 01:43:31,360 --> 01:43:34,159 them are we're talking about public good 2416 01:43:34,159 --> 01:43:37,119 in a town where we have equestrian 2417 01:43:37,119 --> 01:43:40,560 heritage that we all asserted that we 2418 01:43:40,560 --> 01:43:43,360 would uphold, right? And so like the 2419 01:43:43,360 --> 01:43:44,880 fact of the matter is this also does 2420 01:43:44,880 --> 01:43:47,199 have public boarding facilities. Like 2421 01:43:47,199 --> 01:43:49,040 there are not a lot of options for folks 2422 01:43:49,040 --> 01:43:51,119 to join the equestrian community if they 2423 01:43:51,119 --> 01:43:53,440 don't have a gated property in Woodside. 2424 01:43:53,440 --> 01:43:55,040 Right. This is something my my wife and 2425 01:43:55,040 --> 01:43:56,320 I talk about all the time. Like most 2426 01:43:56,320 --> 01:43:58,960 facilities are fully private. There's no 2427 01:43:58,960 --> 01:44:02,400 kids riding. You know, the uh parent 2428 01:44:02,400 --> 01:44:04,719 teacher conferences we have for for EIE. 2429 01:44:04,719 --> 01:44:06,960 you know, our our teacher says she's 2430 01:44:06,960 --> 01:44:09,040 like a throwback kid because she's 2431 01:44:09,040 --> 01:44:10,480 actually playing around with horses and 2432 01:44:10,480 --> 01:44:12,239 has dirt under her fingernails when she 2433 01:44:12,239 --> 01:44:14,800 comes to school, right? So, like that 2434 01:44:14,800 --> 01:44:17,199 all of that like it's not in the like 2435 01:44:17,199 --> 01:44:19,679 look I I I acknowledge it's not in these 2436 01:44:19,679 --> 01:44:21,600 documents, right? But it is something 2437 01:44:21,600 --> 01:44:24,560 that I am asserting as a principle that 2438 01:44:24,560 --> 01:44:26,880 it's actually a good outcome for the 2439 01:44:26,880 --> 01:44:29,280 town to uphold the general plan to have 2440 01:44:29,280 --> 01:44:30,480 equestrian facilities there. 2441 01:44:30,480 --> 01:44:32,080 >> Okay. 2442 01:44:32,080 --> 01:44:35,199 If you guys want to go that way, that's 2443 01:44:35,199 --> 01:44:37,840 fine by me. I'm not coming along with 2444 01:44:37,840 --> 01:44:42,400 that. Um, but I would be I mean, given 2445 01:44:42,400 --> 01:44:44,960 Sage's comments on the restrictions 2446 01:44:44,960 --> 01:44:47,679 about the leechfield and the septic 2447 01:44:47,679 --> 01:44:50,239 lines not crossing any paved surface and 2448 01:44:50,239 --> 01:44:52,000 the other constraints, if it's staff's 2449 01:44:52,000 --> 01:44:53,600 opinion that the only place to put an 2450 01:44:53,600 --> 01:44:55,199 ADU 2451 01:44:55,199 --> 01:44:57,199 in this conservation easement, then I 2452 01:44:57,199 --> 01:44:58,480 could go along with the original 2453 01:44:58,480 --> 01:45:02,239 resolution. If you want to mod um modify 2454 01:45:02,239 --> 01:45:04,239 it to add equestri you're welcome to do 2455 01:45:04,239 --> 01:45:06,639 so I won't lose any sleep over it so 2456 01:45:06,639 --> 01:45:09,040 however you guys want to go 2457 01:45:09,040 --> 01:45:15,920 >> good okay so where where I would come is 2458 01:45:15,920 --> 01:45:20,320 uh so to restate right the first we are 2459 01:45:20,320 --> 01:45:23,119 going to request the town council looks 2460 01:45:23,119 --> 01:45:24,639 at the exception process 2461 01:45:24,639 --> 01:45:27,520 >> just I gonna make this in a motion so if 2462 01:45:27,520 --> 01:45:28,480 this is a motion 2463 01:45:28,480 --> 01:45:31,920 >> yeah we can we can I make a motion, Mr. Chair? 2464 01:45:31,920 --> 01:45:33,199 >> You can make a motion. Y 2465 01:45:33,199 --> 01:45:34,320 >> All right, I will go ahead and make the 2466 01:45:34,320 --> 01:45:36,800 motion then. Um, so the motion would be 2467 01:45:36,800 --> 01:45:40,400 to uh approve the uh staff 2468 01:45:40,400 --> 01:45:43,920 recommendation with uh with two uh 2469 01:45:43,920 --> 01:45:47,119 amendments. Number one uh would be 2470 01:45:47,119 --> 01:45:49,760 adding equestrian 2471 01:45:49,760 --> 01:45:53,679 to the approved use beyond housing. 2472 01:45:53,679 --> 01:45:56,800 Um, the housing would include, and this 2473 01:45:56,800 --> 01:45:58,159 is not part of the motion, but just to 2474 01:45:58,159 --> 01:46:00,320 maybe restate, the housing already 2475 01:46:00,320 --> 01:46:03,440 includes uh garage facilities that would 2476 01:46:03,440 --> 01:46:05,520 serve the ADU that could be connected. 2477 01:46:05,520 --> 01:46:06,880 So, just I want to have that on the 2478 01:46:06,880 --> 01:46:09,760 record. And uh the second piece is that 2479 01:46:09,760 --> 01:46:13,199 we would be requesting that town council 2480 01:46:13,199 --> 01:46:17,840 uh direct staff to uh develop language 2481 01:46:17,840 --> 01:46:21,920 slash a process for variances andor 2482 01:46:21,920 --> 01:46:23,679 exceptions whatever the right term is 2483 01:46:23,679 --> 01:46:26,400 for aim 2484 01:46:26,400 --> 01:46:28,639 anytime an easement abandonment or 2485 01:46:28,639 --> 01:46:33,030 change of use is considered. 2486 01:46:33,040 --> 01:46:36,400 » Can I clarify something or question? 2487 01:46:36,400 --> 01:46:38,800 Yeah. regarding the equestrian. So it 2488 01:46:38,800 --> 01:46:41,360 would be not an or situation. It would 2489 01:46:41,360 --> 01:46:44,719 be first housing and then the 2490 01:46:44,719 --> 01:46:48,639 possibility of equestrian also. Well, it 2491 01:46:48,639 --> 01:46:49,840 in other words, we're not going to 2492 01:46:49,840 --> 01:46:53,760 abandon easements because we want to 2493 01:46:53,760 --> 01:46:56,000 make that land for equestrian use 2494 01:46:56,000 --> 01:46:58,960 without the housing. Right. 2495 01:46:58,960 --> 01:47:01,920 Well, I think that would be in the 2496 01:47:01,920 --> 01:47:04,080 process town council would devel or 2497 01:47:04,080 --> 01:47:06,719 would request development of would be 2498 01:47:06,719 --> 01:47:09,440 independent of 2499 01:47:09,440 --> 01:47:14,080 what we decide here. 2500 01:47:14,080 --> 01:47:17,679 That make sense? So, we're not going to 2501 01:47:17,679 --> 01:47:19,920 follow Sage's recommendation as far as 2502 01:47:19,920 --> 01:47:23,440 housing first primary and then we can 2503 01:47:23,440 --> 01:47:25,440 add on equestrian. 2504 01:47:25,440 --> 01:47:28,000 But housing is the reason for 2505 01:47:28,000 --> 01:47:30,239 abandonment, not the equestrian. 2506 01:47:30,239 --> 01:47:31,920 >> Yes, I I agree with that. 2507 01:47:31,920 --> 01:47:33,520 >> Okay. And I agree. 2508 01:47:33,520 --> 01:47:35,040 >> Right. Okay. So, the way we would state 2509 01:47:35,040 --> 01:47:37,840 that is 2510 01:47:37,840 --> 01:47:38,960 >> I'm struggling tonight. 2511 01:47:38,960 --> 01:47:41,199 >> So, the the housing I think what I what 2512 01:47:41,199 --> 01:47:43,360 I stated earlier is that the housing 2513 01:47:43,360 --> 01:47:47,280 would be the has to be there first 2514 01:47:47,280 --> 01:47:50,320 >> um in order to have ancillary 2515 01:47:50,320 --> 01:47:52,560 strain uses in that area. 2516 01:47:52,560 --> 01:47:54,000 >> Okay. My only issue there is what 2517 01:47:54,000 --> 01:47:55,440 happens given there's a existing 2518 01:47:55,440 --> 01:47:57,119 equestion facilities there. That becomes 2519 01:47:57,119 --> 01:47:58,000 another issue. 2520 01:47:58,000 --> 01:47:59,920 >> It's another issue I believe. You know, 2521 01:47:59,920 --> 01:48:02,320 we're committed to I know the applicant 2522 01:48:02,320 --> 01:48:04,080 wants to move as quickly as possible on 2523 01:48:04,080 --> 01:48:06,159 this. Um you know, we're committed to 2524 01:48:06,159 --> 01:48:08,159 keep this process going. They can get 2525 01:48:08,159 --> 01:48:09,679 in. I mean, part of what's holding this 2526 01:48:09,679 --> 01:48:11,840 up is the perk tests. We're not able to 2527 01:48:11,840 --> 01:48:15,360 move forward um until the the easement 2528 01:48:15,360 --> 01:48:18,480 issue has been taken care of. And so, 2529 01:48:18,480 --> 01:48:21,760 um, you know, the 2530 01:48:21,760 --> 01:48:23,280 owners are moving forward with this 2531 01:48:23,280 --> 01:48:24,880 process and we'd continue to move 2532 01:48:24,880 --> 01:48:26,320 forward that quickly. We wouldn't need 2533 01:48:26,320 --> 01:48:29,600 to immediately take any action. Well, 2534 01:48:29,600 --> 01:48:33,600 okay. Right. 2535 01:48:33,600 --> 01:48:36,159 Um, so I agree, Richard, with what 2536 01:48:36,159 --> 01:48:37,840 you're saying, which is the reason we're 2537 01:48:37,840 --> 01:48:40,880 moving forward with this is the housing 2538 01:48:40,880 --> 01:48:44,639 piece in this specific site, given that 2539 01:48:44,639 --> 01:48:48,000 there's like I I I what I what I just 2540 01:48:48,000 --> 01:48:49,440 what I'm trying to solve for without 2541 01:48:49,440 --> 01:48:52,480 making a precedent is like this existing 2542 01:48:52,480 --> 01:48:54,239 equestrian facilities that seems very 2543 01:48:54,239 --> 01:48:56,400 consistent with general plan. If the 2544 01:48:56,400 --> 01:48:58,400 town is out like trying to make all that 2545 01:48:58,400 --> 01:49:00,480 get ripped out, I disagree with that. 2546 01:49:00,480 --> 01:49:01,679 >> Yeah. No, it's just a matter, you know, 2547 01:49:01,679 --> 01:49:03,360 the site has significant equestrian 2548 01:49:03,360 --> 01:49:05,840 facilities on it. It is accommodated. 2549 01:49:05,840 --> 01:49:08,159 Um, and to make further accommodation, I 2550 01:49:08,159 --> 01:49:10,075 think the housing piece is important. 2551 01:49:10,075 --> 01:49:11,040 [snorts] 2552 01:49:11,040 --> 01:49:12,159 >> You're saying that exists or that's 2553 01:49:12,159 --> 01:49:12,480 something we 2554 01:49:12,480 --> 01:49:14,000 >> Yeah. No, no, there's already riding 2555 01:49:14,000 --> 01:49:15,679 there's a riding arena, there's a 2556 01:49:15,679 --> 01:49:17,920 turnout area, there's a barn. So, the 2557 01:49:17,920 --> 01:49:18,880 site already 2558 01:49:18,880 --> 01:49:19,840 >> outside of the ement 2559 01:49:19,840 --> 01:49:20,320 >> outside of 2560 01:49:20,320 --> 01:49:21,679 >> on the other side of the ditch, right? 2561 01:49:21,679 --> 01:49:24,000 >> And so, the I think the housing piece 2562 01:49:24,000 --> 01:49:26,560 is, you know, the key component here. 2563 01:49:26,560 --> 01:49:29,679 and uh to extend that area beyond the 2564 01:49:29,679 --> 01:49:31,199 housing with equestrian is something 2565 01:49:31,199 --> 01:49:34,000 that 2566 01:49:34,000 --> 01:49:35,920 be more appropriate with regards to the 2567 01:49:35,920 --> 01:49:36,560 general plan. 2568 01:49:36,560 --> 01:49:38,239 >> So so in this case we already have 2569 01:49:38,239 --> 01:49:40,480 equestrian different area. 2570 01:49:40,480 --> 01:49:43,840 >> So I mean that the motion was being 2571 01:49:43,840 --> 01:49:45,840 worked on. 2572 01:49:45,840 --> 01:49:49,440 So the equestrian can be added to the uh 2573 01:49:49,440 --> 01:49:52,639 council's recommendations for criteria 2574 01:49:52,639 --> 01:49:55,840 going forward with other easements 2575 01:49:55,840 --> 01:49:58,159 in the future that can be part of it 2576 01:49:58,159 --> 01:49:59,440 with respect to question. 2577 01:49:59,440 --> 01:50:01,920 >> Yeah, I think that's something that yeah 2578 01:50:01,920 --> 01:50:03,600 could be debated and discussed in that 2579 01:50:03,600 --> 01:50:06,080 process. Yes. 2580 01:50:06,080 --> 01:50:08,719 Okay. Good. 2581 01:50:08,719 --> 01:50:11,280 Okay. Does the motion 2582 01:50:11,280 --> 01:50:14,320 is this now consistent with where we are 2583 01:50:14,320 --> 01:50:18,790 and 2584 01:50:18,800 --> 01:50:19,440 So the 2585 01:50:19,440 --> 01:50:20,880 >> I'm just struggling with the language. I 2586 01:50:20,880 --> 01:50:24,639 understand what what uh makes sense, but 2587 01:50:24,639 --> 01:50:26,239 the language is is a struggle for me 2588 01:50:26,239 --> 01:50:28,080 right now to be honest. 2589 01:50:28,080 --> 01:50:32,070 >> And 2590 01:50:32,080 --> 01:50:34,639 do do you two feel like the equestrian 2591 01:50:34,639 --> 01:50:36,320 There's already equestrian structures in 2592 01:50:36,320 --> 01:50:38,000 the easement, 2593 01:50:38,000 --> 01:50:39,040 >> right? 2594 01:50:39,040 --> 01:50:40,800 >> Well, the horses are there and the 2595 01:50:40,800 --> 01:50:42,800 corral is there. I I saw it. Yeah. 2596 01:50:42,800 --> 01:50:44,800 >> In in the easement physically. Yes, 2597 01:50:44,800 --> 01:50:45,760 >> currently 2598 01:50:45,760 --> 01:50:46,960 >> it's correct, 2599 01:50:46,960 --> 01:50:47,600 >> right? 2600 01:50:47,600 --> 01:50:50,080 >> It's not something that 2601 01:50:50,080 --> 01:50:52,320 has in shown in the permit system, there 2602 01:50:52,320 --> 01:50:53,760 was not permits for those that were 2603 01:50:53,760 --> 01:50:55,440 issued in the in the system, although 2604 01:50:55,440 --> 01:50:57,440 that's disputed as we've learned here 2605 01:50:57,440 --> 01:51:00,560 tonight. Um, 2606 01:51:00,560 --> 01:51:09,119 >> well, can't we say that um we make a motion to to pass the uh draft 2607 01:51:09,119 --> 01:51:11,920 uh resolution uh for the purposes of 2608 01:51:11,920 --> 01:51:15,040 housing uh and allowing the existing 2609 01:51:15,040 --> 01:51:18,080 equestrian facilities to also be 2610 01:51:18,080 --> 01:51:19,760 accommodated 2611 01:51:19,760 --> 01:51:22,480 on the ease on the former easement. I 2612 01:51:22,480 --> 01:51:26,000 think yes and I think there is a you 2613 01:51:26,000 --> 01:51:27,280 know with respect to the permitting 2614 01:51:27,280 --> 01:51:29,840 status of that 2615 01:51:29,840 --> 01:51:31,600 it seems like it needs to be looked into 2616 01:51:31,600 --> 01:51:33,199 right if there are checks written 2617 01:51:33,199 --> 01:51:35,040 >> it has been it has been looked into 2618 01:51:35,040 --> 01:51:37,440 thoroughly I've called back every box on 2619 01:51:37,440 --> 01:51:39,199 the property went through the permit 2620 01:51:39,199 --> 01:51:40,639 system and went through the old permit 2621 01:51:40,639 --> 01:51:42,719 system um nothing shows the issuance of 2622 01:51:42,719 --> 01:51:44,800 those permits 2623 01:51:44,800 --> 01:51:47,990 okay 2624 01:51:48,000 --> 01:51:51,199 so housing yes we're unanimous there or 2625 01:51:51,199 --> 01:51:54,239 at least for Two out of three there. 2626 01:51:54,239 --> 01:51:56,880 And what do you do? Equestrian, yes or 2627 01:51:56,880 --> 01:51:57,520 no? 2628 01:51:57,520 --> 01:51:58,400 >> Yes. 2629 01:51:58,400 --> 01:52:02,000 >> Allowing it. Yeah. Okay. To stay 2630 01:52:02,000 --> 01:52:03,360 >> that doesn't have a permit right now. 2631 01:52:03,360 --> 01:52:04,080 Existing facilities. 2632 01:52:04,080 --> 01:52:05,760 >> What I'm hearing is the it would be the 2633 01:52:05,760 --> 01:52:08,080 housing plus what the existing 2634 01:52:08,080 --> 01:52:10,880 equestrian uses that are currently on 2635 01:52:10,880 --> 01:52:12,320 the site with regards to the shelters 2636 01:52:12,320 --> 01:52:14,960 and the turnouts. 2637 01:52:14,960 --> 01:52:17,040 >> Yes, sir. 2638 01:52:17,040 --> 01:52:19,679 >> Okay. So, we did it. I think so. Do we 2639 01:52:19,679 --> 01:52:20,639 need to restate the motion? 2640 01:52:20,639 --> 01:52:23,679 >> No. Uh I have is a motion to approve the 2641 01:52:23,679 --> 01:52:28,560 resolution um with adding uh in the the 2642 01:52:28,560 --> 01:52:30,320 looking at the restriction of the area 2643 01:52:30,320 --> 01:52:34,639 is for housing and um in addition to 2644 01:52:34,639 --> 01:52:37,760 also allowing the existing structures 2645 01:52:37,760 --> 01:52:40,159 and turnouts for horses uh that are on 2646 01:52:40,159 --> 01:52:44,320 the property. Um uh to clarify that a 2647 01:52:44,320 --> 01:52:46,719 garage connected to the ADU to serve the 2648 01:52:46,719 --> 01:52:49,760 ADU is acceptable. And that third piece 2649 01:52:49,760 --> 01:52:52,400 is recommending to the town council um 2650 01:52:52,400 --> 01:52:55,840 to consider uh modifying the municipal 2651 01:52:55,840 --> 01:52:59,040 code uh to outline a process for the 2652 01:52:59,040 --> 01:53:03,030 abandonment of such easements. 2653 01:53:03,040 --> 01:53:04,880 » Is there a second? 2654 01:53:04,880 --> 01:53:08,149 >> Sage. 2655 01:53:08,159 --> 01:53:10,560 » Uh second motion. 2656 01:53:10,560 --> 01:53:11,280 >> Chair Gar. 2657 01:53:11,280 --> 01:53:11,760 >> Yes. 2658 01:53:11,760 --> 01:53:13,040 >> Commissioner Gonerko. 2659 01:53:13,040 --> 01:53:13,440 >> Yes. 2660 01:53:13,440 --> 01:53:14,560 >> Commissioner Weaver. 2661 01:53:14,560 --> 01:53:16,880 >> No. 2662 01:53:16,880 --> 01:53:18,560 >> So the motion passes. There is no 2663 01:53:18,560 --> 01:53:20,320 appeal. This is just a recommendation to 2664 01:53:20,320 --> 01:53:22,400 the town council and the town council 2665 01:53:22,400 --> 01:53:25,679 will hear project on July 28th. 2666 01:53:25,679 --> 01:53:28,960 >> Right. Thank you. 2667 01:53:28,960 --> 01:53:32,080 >> Okay. Uh Sage, is there anything 2668 01:53:32,080 --> 01:53:35,679 we have any other reports tonight? Uh 2669 01:53:35,679 --> 01:53:36,480 blank. 2670 01:53:36,480 --> 01:53:38,239 >> No, I have nothing further to report 2671 01:53:38,239 --> 01:53:38,719 tonight. 2672 01:53:38,719 --> 01:53:39,520 >> Okay. 2673 01:53:39,520 --> 01:53:40,800 >> All right. Well, in that case, 2674 01:53:40,800 --> 01:53:42,719 >> well, sorry. One thing I'll just report 2675 01:53:42,719 --> 01:53:45,280 is um it's not his last meeting, but I 2676 01:53:45,280 --> 01:53:47,679 do want to note that Commissioner Kerkco 2677 01:53:47,679 --> 01:53:48,800 has resigned from the planning 2678 01:53:48,800 --> 01:53:50,400 commission. And just for anyone 2679 01:53:50,400 --> 01:53:53,360 listening that we have put out ads uh in 2680 01:53:53,360 --> 01:53:57,520 multiple locations um seeking for uh 2681 01:53:57,520 --> 01:53:59,040 somebody who may want to participate on 2682 01:53:59,040 --> 01:54:01,199 the planning commission and if we get 2683 01:54:01,199 --> 01:54:03,360 applications, the town council will make 2684 01:54:03,360 --> 01:54:06,800 that consideration on July 28th. 2685 01:54:06,800 --> 01:54:08,719 >> And that's effective. Is this your last? 2686 01:54:08,719 --> 01:54:10,080 >> I'm staying on until 2687 01:54:10,080 --> 01:54:11,440 >> he's going to help us out through the 2688 01:54:11,440 --> 01:54:12,880 through through this month. So, we have 2689 01:54:12,880 --> 01:54:14,320 one more we have one more meeting on 2690 01:54:14,320 --> 01:54:17,440 July 15th. 2691 01:54:17,440 --> 01:54:19,280 >> It's I I think we won't need that 2692 01:54:19,280 --> 01:54:20,639 meeting. We're just looking at the July 2693 01:54:20,639 --> 01:54:22,159 15th meeting. Okay. 2694 01:54:22,159 --> 01:54:24,639 >> All right. 2695 01:54:24,639 --> 01:54:26,239 >> Sure. 2696 01:54:26,239 --> 01:54:27,679 >> Okay. Well, with that, we will go ahead 2697 01:54:27,679 --> 01:54:29,199 and and adjourn. Thank you, everybody. 2698 01:54:29,199 --> 01:54:32,360 >> Thank you.