[0:03] Okay. Um we'll go on the record now. [0:06] This has been the time set for which [0:08] notice has been given for the hearing um [0:12] here in Woodland Hills. And the first [0:15] item that we apparently are going to be [0:17] discussing is the application filed by [0:20] um Gayen Briggs regarding property at [0:23] 695 South on Mebo Circle in Woodland [0:26] Hills. Um, for the record, the people [0:29] that are present is my name is Judy [0:31] Lever and I'll be acting as a hearing [0:33] officer for the um for the city. So that [0:37] you know, um I'm not I I'm hired as a [0:40] hearing officer. I don't work for the [0:42] city um and do an independent. My [0:45] background is I am an attorney and have [0:47] been for longer than I would like to [0:49] admit. Um, and my first the about the [0:53] first third of my practice I was [0:56] involved as an assistant city attorney [0:58] dealing with planning and zoning and [1:00] building in Salt Lake City Corporation. [1:02] Um, since that time other changes have [1:05] been doing that and I'm not working in [1:08] that area right now. Um, and have served [1:12] on [1:14] um, some boards that were [1:16] environmentally [1:18] involved. the state has the state fire [1:20] land board in the oil and gas [1:22] commission. So, um so that's kind of [1:25] where my experience has brought me to in [1:28] this. Um I've elected for the as a [1:31] hearing officer for Woodland before and [1:35] I've done it for solid for holiday and [1:38] for I did one out in Bountiful, West [1:40] Bountiful. So I have done that. Um the [1:45] record should reflect the people that [1:46] are here on behalf of the city and in [1:49] this particular application. So that [1:52] would include Will you please introduce [1:53] yourself for the record? [1:56] >> I'm Wayne Franson [1:58] uh with planning and zoning for the city [2:01] and uh also with ordinance enforcement. [2:04] >> Okay. [2:06] I'm Sher Briggs. I live at at the [2:09] residence that we are talking about [2:10] today. [2:10] >> And Gayen Briggs, the applicant. Yeah, [2:13] it was okay. And the record should [2:15] reflect that it's being recorded by the [2:17] recorder, Jody Stone, who is also [2:20] present. And there is also um the [2:23] applicant on the next matter that's here [2:24] in the in the um room participating. [2:29] Generally speaking, what we would like [2:31] what I would plan to do is to go through [2:33] and I would like Mr. France and on [2:36] behalf of the city to just introduce the [2:39] background of the process for the [2:41] procedure of where we are in terms of [2:43] from the city standpoint then you'll [2:46] have the opportunity Mr. Briggs and Mrs. [2:48] Briggs to present whatever evidence that [2:51] you want. As I've already indicated to [2:54] you before any exhibits or illustrations [2:57] that you use will need to be marked so [3:00] that they can be attached and become [3:02] part of the record. Um, if you were [3:04] using something that is already in the [3:06] record and something that's already [3:09] attached to the application, [3:11] um, if I have a copy of that, then [3:15] we'll put that as the application. If [3:17] not, then we would have it marked. Okay. [3:19] >> Okay. And so with that framework, Mr. [3:24] Franson, would you please introduce us [3:26] to where we are? [3:27] >> Okay. [3:28] Um some time ago, what is maybe a month, [3:32] six weeks ago, um Mr. Briggs came to us [3:38] uh with interest of building a detached [3:42] garage off the uh corner of his um of [3:48] his home. Uh he had spoken with a [3:52] neighbor uh about it. the neighbor was [3:55] uh was fine with what he was proposing [3:58] to do. He had mentioned to us that when [4:02] they were um contemplate purchasing the [4:07] home, uh they were the first occupants [4:10] of this home. It had been built as a a [4:12] spec home and hadn't been lived in yet. [4:15] The homeowner president said that there [4:19] would be be fine that they could they [4:21] would allow a garage uh to be to be [4:25] built there. Uh this garage was to house [4:29] both a boat and a um and a trailer, a [4:34] camp trailer. [4:36] Um so he brought in some preliminary [4:39] plans to show us and make sure that he [4:42] was going down the right road with it [4:44] all. And as we uh got into the detail [4:49] and discussed it and looking at our [4:51] ordinance [4:52] um we all realized that it was it would be [5:01] counter to our ordinance requirements. [5:05] uh in that there was not sufficient room [5:10] uh in the in the area that he wanted to [5:13] build which he was rather it was [5:15] confined to to his property and and yard [5:19] in that area. Uh the main obstruction [5:23] being a requirement that uh it be 20t [5:27] away from his from the residence [5:31] >> from his residence. [5:32] >> His residence. Correct. [5:35] Um [5:37] we our ordinances allow an accessory [5:41] building including [5:44] accessory garage that to have different [5:47] setbacks than the main house structure [5:52] does. So he would comply those would be [5:56] complied with. Um [5:59] >> what are those? And as an accessory what [6:01] are the setbacks requirements? [6:04] Um the side setback is 5 feet away from [6:08] the property line and the rear setback [6:11] is 10 ft away from the property line for [6:14] an accessory building. [6:17] Um, [6:19] however, there is a requirement that it [6:22] be 20 ft away from the main residence [6:26] and that therein creates an issue and [6:31] problem as it there would not be [6:34] sufficient room to be 20 ft away of the [6:38] main residence and still comply with the [6:40] other setbacks for the side or the rear [6:43] setback for an accessory building. [6:46] >> So, um, so from what I'm understanding, [6:50] then [6:52] it's five on the side, 10 in the back [6:55] for an accessory building, and 20 from [6:57] the house. And it's the 20 from the [6:59] house that they can't that they're in [7:01] that they are short. [7:02] >> Yes. [7:03] >> What is that distance proposed? [7:07] >> Um, the the distance where we were [7:10] proposing to build, you mean? [7:11] >> Yes. [7:12] >> From the house, [7:12] >> it's it's like 6 and 1/2 ft. So it would [7:16] be from the very corner of the house [7:18] which is where the corner of the garage [7:21] would start and then it would go back. [7:22] So the closest the the two the two [7:26] corners would be like 6 and 1/2 ft [7:28] >> from each other. [7:29] >> Is that is that roof corners or is that [7:32] structural corners? [7:33] >> That'd be structural corners. [7:34] >> Is the roof does the roof [7:36] >> Are you sure that does the roof overhang [7:38] to shorten it? [7:41] >> Maybe a foot. [7:42] >> Yeah. how you say that. I'm not [7:45] >> sure. [7:46] >> I'm not sure. It could be [7:48] >> our [7:49] >> the way our ordinance reads, it's [7:52] >> it's structural. We don't [7:54] >> the overhang of [7:56] >> recognize the overhang of [7:58] >> Okay. [8:01] >> So, at that point, he realized that it [8:04] um [8:06] he would be out of compliance with the [8:08] setbacks. [8:10] >> And how big is the building that he's [8:11] proposing? [8:13] Uh I do want is [8:15] >> 35 by 35. [8:17] >> Okay. [8:21] » And uh we've talked to him about [8:24] reducing that size, but then it would [8:28] not [8:30] house the boat and the the trailer if it [8:34] were smaller. [8:36] Um [8:39] the [8:39] >> and it's not just the boat and the [8:41] trailer, but just [8:42] >> Well, it's some other storage [8:44] >> area there, too. [8:45] >> Okay. Okay. [8:46] >> Um [8:47] the [8:49] >> the 20 foot setback. [8:51] Um [8:55] part of that is a [8:59] from the research that we've been able [9:00] to do pertains to fire safety. [9:05] Um [9:07] but um Mr. Briggs indicated that he [9:11] plans on building it the building the [9:13] garage according to code. So it wouldn't [9:16] be something that would be haphazardly [9:20] done. It would be inspected as it is [9:23] built and uh including uh sprinklers. He has sprinklers in his home and he [9:30] would continue with that fire sprinklers [9:34] in in the structure to lessen the any [9:37] fire danger. [9:38] >> Is the proposed fire sprinkler system [9:41] would that be required in an accessory [9:42] building or is that an addition? [9:45] >> No, it's it's it's not unless it's [9:48] heated. [9:50] If the accessory building is heated, [9:52] then sprinklers are required. Is this [9:55] >> his building, this building won't be [9:57] heated. It' just be an added precaution [10:00] against fire. Uh not only to protect the [10:04] building, but to protect his home should there be a fire started in the [10:09] garage. There would be a sprinkler [10:11] system there to to suppress it. [10:15] >> Does a sprinkler system [10:18] Well, I'll I'll reserve my question [10:20] answer. I'm sorry. So, um, [10:27] our ordinance our ordinance reads that [10:31] if it is, if the structure is more than [10:34] 20 ft away, then it from the main [10:38] structure, [10:40] then it doesn't have to [10:45] there's less code requirements for it. [10:48] Um, [10:49] >> what do you mean? has the least less [10:52] danger. [10:52] >> I know. But what kind of you say less [10:55] code? Tell me what that means. [10:58] >> Um [10:58] >> fire separation or fire insulation or [11:01] >> Yes, there there probably not be [11:04] insulation requirements. [11:06] Um [11:08] for it there. [11:12] If it's if it's closer than 20 ft, then [11:16] it does have fire sprinkler requirements [11:22] even though there's no heat in it. [11:24] >> So, sprinkling is required. [11:26] >> Correct. [11:26] >> If it's if it's closer than 20 ft. [11:31] So, that's another code requirement that would be under issue at issue as well. The [11:41] sprinklers [11:45] Yeah. [11:47] >> Um [11:49] >> what would be required under the code [11:52] for strict compliance? [11:55] >> The setback is the issue [12:00] » and [12:00] >> he he wants to build it according to [12:02] code so that make sure that it's [12:05] >> I understand. [12:06] >> What would the setback require? [12:09] It would require the same setback as the [12:11] house [12:14] if it's closer than 20 ft. [12:17] >> Okay. [12:18] >> So, the house that it it wouldn't [12:21] qualify any longer as an accessory [12:23] building for setback purposes. [12:28] Then it would and and given that then it [12:31] has to follow the house setback [12:34] requirements [12:35] >> which would which you've already said [12:37] were the five. That's the that's the [12:39] accessory building set. [12:41] >> And what would that change? [12:42] >> That's what he would have. The the rear [12:44] is 30 ft. [12:47] The side is it 15? [12:51] >> 20 I think. Is it [12:53] >> 15 one side and 20 the other [12:57] in that R119 [12:59] area. And the front is not an issue, but [13:03] it's it's 30 ft [13:06] over there for front set back. [13:11] » So, let me make sure I'm understanding [13:13] the the [13:14] >> parameters here. [13:16] >> Okay. Under strict code compliance, the [13:19] structure because it's within 20 feet of [13:24] the building [13:27] still has to [13:30] meet all of the required setbacks for [13:32] the main home, which would mean the a [13:35] rear yard, an extended rear yard, the [13:38] sidey yard, and the front yard. Correct. [13:39] >> And you're saying that that would [13:41] increase those setbacks. [13:43] Um, so it's considered part of the main [13:46] house if I mean [13:47] >> in essence [13:48] >> envelope on the of the parameters of the [13:51] outside I guess this is an exhibit but [13:54] um preserving setbacks on the [13:58] >> on the property lines correct the [14:00] original house and be within that [14:01] envelope or that working. [14:03] >> Yes. Whereas you're saying an accessory [14:04] building, if it's treated as an [14:06] accessory building, [14:08] then those limitation, those sideyards [14:11] decrease because they're considered in [14:13] the backyard or the rear yard. But at [14:16] this point, there is not a separation [14:19] that's adequate to make it an accessory [14:21] building because it's too close to the [14:23] main would be too close to the main [14:25] building. [14:25] >> Correct. [14:32] What what code what requirements would [14:43] happen if the building actually touched to the [14:48] building would be can just considered [14:50] under that same parameter as part of the [14:52] original house? [14:54] >> Yes. [14:59] And is there a code requirement that [15:02] requires in the case where there are two [15:04] separate buildings where there has to be [15:07] a minimum is it or is that the 20 ft? [15:11] >> That's the 20 ft. [15:12] >> Yes. [15:12] >> And what are the purposes for that 20 ft [15:16] be? You said one was [15:20] for fire. [15:22] >> Yes. And that's that's primarily what it is. [15:28] >> But [15:28] >> now we we've done tried to do some [15:30] research. It's been long explained and [15:34] carried forward for many years in our [15:37] city. [15:39] Most of our city is encumbered by uh a [15:43] WOOI. It's called a WOOI fire ordinance. [15:46] This was wildland [15:48] urban [15:49] >> interface. [15:50] Yes. Yes, that was promoted [15:53] by the um state fire land. I think [15:56] >> it has been and uh we've tried to do [15:59] some research on this 20 foot distance [16:02] and we can't find anything in our WOOI [16:05] co in the WOOI code that requires that [16:09] 20 foot distance. [16:12] We've we've always had it and that's [16:13] what we've gone by and we've different [16:16] fire chiefs have just something's been [16:19] carried on but we've researched it and [16:21] we can't find where that is addressed [16:24] that way. [16:25] >> Has the fire chief made a recommendation [16:27] in this particular matter? [16:29] >> No. [16:30] Um [16:33] >> he's he's been he's been part of the [16:36] discussion [16:38] but he hasn't made a recommendation [16:40] other than [16:42] it's in our code [16:48] » which from a legislative part is all [16:50] that he has to say but [16:52] >> yes. [16:54] >> Okay. [17:00] Um, [17:01] >> and we we we will probably do some more [17:03] research on that to make sure that [17:09] if it's not part of that, we we don't [17:12] want to have it. If it is, then fine, [17:15] it's it would be part of our code, but [17:17] it it it still be something that [17:20] potentially subject to variance. But if [17:22] we don't need it, I mean, if it's not [17:24] required in our code, we don't want to [17:27] give impression that it that it is [17:30] required. [17:31] >> Now, that doesn't mean the city can't [17:33] say we still want a 20 foot distance. [17:36] >> No, you can. And [17:37] >> for own purposes. So, that's something [17:39] that's down the down the line that we [17:41] would have to further explore. Um, [17:49] and I, and if I didn't disclose it [17:52] before on the record, let me do it. Is I [17:54] did take the opportunity to drive by the [17:57] properties that were subject to this [17:58] today because it's I felt like I needed [18:02] to understand the slage and what was [18:04] going on. [18:06] Uh in and my question is in this house [18:10] is that if a variance were allowed, [18:15] there would not be a way to get a [18:19] vehicle going at great because the house [18:23] sits [18:25] I guess on the directions on the north [18:27] side of the lot and it slopes off to the [18:30] north after that and it slopes off to [18:33] the west. [18:35] that if you were bringing in and you're [18:38] at the top of the hill and if you're [18:40] bringing in or had to bring in [18:43] um emergency material, I mean [18:46] firefighting equipment, there would not [18:49] be a way to get to your backyard. [18:52] >> No, there would be on the other side of [18:53] the house. [18:54] >> Well, but it's down on the slope. But we don't we don't take engines onto the [19:01] property unless the property is [19:04] >> on fire. I mean [19:05] >> well distant distant we fight the engine [19:09] would stay on the street and it would [19:12] hook up to hydrants on the street and [19:15] hoses would be run. That's that's our [19:21] that's the way we do it here. We don't [19:24] put engines on prop on the property [19:26] themselves. It just it it exposes them [19:30] to fire danger too much and we rely upon [19:33] the pumping action of the engines with [19:36] the hoses for fire suppression. So [19:40] you're, if I'm understanding it, then [19:42] you're saying that in firefighting [19:44] things, you would not generally take a [19:47] vehicle [19:49] back off of the street anyway because [19:51] you would have the street hooked up to [19:54] hooked on up to the street. [19:56] >> Correct. That's right. [20:00] >> Okay. [20:01] >> But Judy, just so you know, so when we [20:04] do the construction of the garage, we're [20:05] going to use the other side of the house [20:06] and come up come up that way. So there [20:09] is access in the backyard if if if you [20:12] needed it. But [20:13] >> there's an easement in there that they [20:15] aren't using and we were told just to [20:18] divide it with the neighbor and do what [20:19] you know we wanted. So we wouldn't do [20:20] anything structurally but there is [20:22] access into the back if we had to. [20:25] >> Yeah. But that's how we're going to [20:26] bring equipment in to try to because the [20:29] concrete that we have in there is all [20:31] got radiant heating in. I don't want to [20:32] bring heavy stuff in there and crack [20:34] that. So we're going to actually bring [20:35] the construction around the other side. [20:36] Maybe what we ought to do are we are you [20:40] have you presented the things that you [20:42] need to wait [20:44] >> um [20:47] » I'll ask you for your recommendation [20:49] after they [20:50] >> okay the [20:53] just I guess the last thing I would say [20:55] is they're they're going to be building [20:58] this garage as though it were part of [21:00] the house with code standards and [21:03] requirements. [21:05] Everything will be code compliant as if [21:08] it were an actual part of the house. [21:16] » But do I take it that that extends to [21:18] protecting the structure but would not [21:21] extend to suppressing fire in the area? [21:25] I mean, it would just be [21:27] for within the structure. [21:30] both. It would be it would just be like [21:34] part of the house going going out the [21:37] back there and so it would be it would [21:40] be protected the same way as the house [21:41] would. [21:44] >> Well, [21:46] >> but [21:46] >> technically it doesn't have setbacks. It [21:48] wouldn't have the setbacks that just [21:52] >> correct. It wouldn't have house [21:54] setbacks. [21:56] >> So you it's closer [22:00] Do we um [22:05] have [22:09] excuse me seems to me that in the [22:12] application that I'm looking at [22:15] is there a [22:19] um response [22:22] from this the gay is it gays? So there's [22:26] two gay [22:27] >> name was gay gay [22:28] >> the the gays [22:31] the gay uh that is the president of the [22:34] homeowners association that developed [22:35] summer creek [22:36] >> we have so we went through them in the [22:39] process they've approved that [22:41] >> I'm talking about the prop the owner [22:42] that would be to your [22:44] >> what east [22:46] >> to the yeah to the east [22:47] >> his mother who lives on this house [22:50] adjacent to where [22:52] >> okay [22:52] >> their property is [22:53] >> is she gay gay Yes. Yeah. [22:55] >> Yeah. Well, [22:56] >> well, now she's gay. [22:58] >> Gay Matson. Now she's got remarried. [23:01] But yes, and she's the one that wrote [23:03] the letter that signed the letter that went over talked to her. She was in [23:08] full. [23:09] >> She was actually glad. She says she [23:10] wanted more privacy anyway and she was [23:12] going to plant a bunch of trees in [23:13] there. [23:14] >> Yeah. [23:16] But [23:16] >> that's all the comments that I would [23:18] have. [23:18] >> We don't do we have anything from the [23:21] property owner to the north? [23:26] against [23:27] >> the Is that the empty [23:28] >> the Johnson's you mean to the Oh, to the [23:31] >> to the north downhill and to the north. [23:33] I mean, it looks like a property line [23:35] comes up there. [23:36] >> It is. It's It's a agriculture [23:39] land now. And [23:42] I don't think we they got a a letter [23:46] from him. [23:47] >> Yeah, I did I didn't I actually didn't [23:49] think about asking to be honest with [23:51] you. So [23:51] >> because the property will be [23:54] I mean if he were [23:58] he would if the regular ordinance would [24:01] be applied he would have a 30ft [24:03] separation before having a building and [24:06] now he would and under this one that [24:08] would be reduced to 10 ft. Is that [24:11] right? [24:11] >> Well and it is the behind our our our [24:14] lot. So they wouldn't be building [24:17] directly in directly in back cuz it [24:19] drops off back of our house. [24:21] >> I understand. I just was wondering if we don't have anything [24:25] >> I don't [24:26] >> from from him. Okay. [24:30] » Okay. [24:32] Mr. Briggs, would you Mr. Mrs. Briggs [24:35] whoever? [24:38] >> Um I'm trying to I think that was really [24:41] thorough what Wayne said. So, I think [24:45] the the concerns that I wanted to make [24:48] sure we addressed was um was with the [24:51] neighbor to the east to make sure that [24:53] she know because she would be the one [24:56] that would actually see it. But the [24:59] house the structure would be 50 ft from [25:02] her home even though. So it it's the [25:05] prop when you when you saw our property [25:08] if you saw the rock wall there [25:11] >> containing wall. [25:12] >> There's a containing wall. There's actually two of them. [25:15] >> The lowest one. [25:17] >> Her property her property comes 10 ft [25:20] and it it almost looks like it's our [25:21] property but it's not. It's hers. It [25:23] comes. [25:24] >> So where that lower rock wall that is [25:27] abuts to your cement, you're saying [25:31] that's her line or 10 ft? [25:33] >> No, the one up above that. [25:35] >> Okay. So the second layer, [25:36] >> yeah, the second sorry, the second one [25:39] is is actually another 10 ft into uh it [25:43] would be you would have to come another [25:44] 10 ft to be into our property line. So [25:47] it's it's kind of weird how they did it. [25:48] looks it looks like our property, but [25:50] it's actually hers. [25:51] >> We take care of it cuz Second one is [25:53] actually on her property and the [25:55] property line is between the two. Yeah, [25:57] lower. [25:58] >> That's ex Yeah, pretty much right there. [26:01] >> So, she's actually visually [26:05] a little closer than you would expect [26:09] if you thought both of the rock walls [26:11] were your property. Her property kind of [26:14] is in between those two. [26:16] >> Yeah. Yeah. [26:17] >> But that 50 ft is from that property [26:20] line [26:21] >> to her home. [26:22] >> Yeah. and we're down from her house. So, [26:24] >> yeah. Great. [26:26] >> And and the way it's going to set is is [26:29] cuz I went over I took the plans over [26:31] and showed her and her husband and it's [26:34] actually going to set almost behind her [26:36] house. So, [26:37] >> it's really not going to and and it's [26:39] going to be cut into the into the, you [26:41] know, the elevation down [26:45] >> and so maybe she would see maybe 8 to [26:47] nine feet of that of that building and [26:49] that's it. [26:51] Um, how [26:52] >> how um what is the size of the building [26:56] that you're proposing? [26:57] >> It's it's 35 by 35. [27:02] >> Now, it's not a small [27:04] >> place. You already have a threec car [27:06] garage as it looked like from building [27:09] your home. [27:09] >> Yes. Yeah. This is a third world [27:12] problem. Okay. No kidding. Well, also we [27:15] were doing it because the home does not [27:18] have a storage room or anything [27:20] >> on the inside. [27:21] >> Part of the basement is crawl space [27:24] because of the because of the elevation [27:26] change. [27:28] >> So, we don't have that storage room. So, [27:30] that's Yeah, I think that's why the [27:32] house sat on the market. A lot of people [27:33] liked it, but everybody's like, "Well, [27:34] can I build a garage?" And I think they [27:36] were all told that they could. And then [27:39] we thought, "Well, if we can build a [27:40] garage, we can make it work." You just [27:42] asked the wrong person. [27:45] >> Ask the city, not the builder. [27:46] >> Was that [27:47] >> Ask the city, not the builder. [27:49] >> Well, yeah. Well, [27:52] >> hindsight's always 20, but uh [27:55] >> um so I think the concern was was was [27:58] there any concerns from her and because [28:01] we're going to make the the finish of [28:02] the house is going to look um it won't [28:04] have as much wood on three sides. [28:07] >> Finish of the garage. [28:08] >> Yeah, the garage. [28:09] >> House. But we're going to try to Yeah, [28:10] we're gonna Sorry. We're gonna try to [28:12] match, [28:13] >> you know, we want to take, you know, we [28:16] want to make sure that that what we do [28:18] enhances our home and not that, you [28:20] know, do something different. But [28:22] >> so you're okay. So what you're saying is [28:24] your the exterior materials that you [28:26] plan on using on the accessory building [28:30] will match your main structure [28:31] >> part part of it. So the front part of it [28:33] is going to be Hardy board. currently is [28:36] actually cedar, but we're going to try [28:38] to we're going to use hardy board [28:40] because it takes less maintenance. Make [28:42] sure it's stained the same color as the [28:44] house. And then three sides of it we're [28:46] going to be um [28:49] we're we want to do stucco because it's [28:51] a little less expensive, but we might [28:55] that that part's still in flux a little [28:57] bit. The but currently it's planned for [29:00] stucco on three sides and and wood on [29:02] the front that you would see. And I [29:04] explain that to to the homeowner next to [29:07] us. [29:08] >> So you won't be seeing a stucco [29:09] structure like something that is down [29:12] the bottom of your lot. I'm assuming [29:14] it's on the other property. [29:16] >> Oh, say that again. [29:18] >> Going looking from your home looking [29:21] west down the hill. There was something [29:24] that was stuck. I don't presume that it [29:26] was on your property. It looked like it [29:28] was associated with the other property. [29:30] >> Yeah, it's it's the people next door. [29:32] Johnson's next door to us. [29:33] >> Is that an accessory building as well? [29:35] >> It is. Yeah. [29:37] >> And does it maintain the [29:40] >> setbacks? Does it maintain the setbacks? [29:42] It's obviously smaller. [29:44] >> Yes. It's away from the main structure [29:46] quite a distance. So, it it's [29:48] >> it has accessory building setbacks [29:50] >> and it does have the accessory setbacks [29:53] there. [29:53] >> Again, that's only 5T and 10 feet, 10 [29:55] feet and 5t. But [29:57] >> I understand that they're different. [29:59] >> Yeah. Okay. Um [30:02] >> um I'm I'm just trying to think. So I [30:04] think that was [30:07] one of the concerns we had was make sure [30:08] that there wasn't any issue with the [30:10] neighbor. Um and she was she was fine [30:13] with it. I wanted to make sure that the [30:15] HOA knew what we were planning on doing. [30:17] They were fine with it. He signed off on [30:19] it. Bucky did. Um, and [30:23] so I think for us it it just again I [30:28] know this sound like this this is not a [30:30] third world problem that we're dealing [30:31] with here. Um but um [30:35] it would it would be helpful for us [30:37] because we have in our garage we have [30:39] stuff stacked to the the even though [30:43] it's a threec car garage it's a fairly [30:45] that's I would I wouldn't call it a a [30:47] huge garage but um but we would like to [30:52] try to make you know get some of that [30:54] stuff out. The other thing is I'm hoping [30:56] to do a little bit of woodwork and I'd [30:58] like to have a shop to be able to um [31:01] just have a few like saws and a router [31:04] and just a few things that I can maybe [31:06] do a hobby that I like to do, but I [31:08] right now I I can't. [31:10] >> Did you um [31:12] have you determined what [31:15] Well, I mean 35 ft is pretty deep for [31:20] garage. Aren't garages traditional at [31:21] least 20 to 20 25? Just so you know, my [31:25] the boat that we have, we we we have an [31:27] old boat, [31:28] >> but it has by the time this tongue [31:30] sticks out, it's it's 29 ft almost 30 [31:34] ft. Most trailers that you would put in [31:36] there will be you'll need 30 ft of [31:40] clearance. [31:41] >> Do you only have 30 ft of clearance in [31:43] your existing structure? [31:45] >> No. [31:46] >> How deep are those? cuz it looked like [31:47] it was three cars and that's usually 8 [31:50] to 10 ft of width for each. [31:53] >> I I can't angle there's no way we could [31:55] do that. [31:56] >> Well, I can't I can't put my boat in [31:57] there [31:58] >> because [31:59] >> so the way that the garage So it's it's [32:02] it it's uh [32:03] >> it's access. Well, first of all, it's [32:07] access, but the second of all, the way [32:09] the garage is built, so you have the the [32:13] uh [32:15] um all the heating and air conditioning [32:17] and stuff. So, it it's here, it pops [32:21] back out, goes in, pops back out, goes [32:23] in. You can't actually I can't actually [32:26] put my boat in there and get the garage [32:28] door closed [32:30] >> because it's too long [32:32] >> cuz the boat's longer than the garage is. [32:36] >> The Cuz it it looked like the garage was [32:40] about 35 ft in length. [32:42] >> No, [32:44] >> I don't think it I I'll have to go [32:46] measure it. But [32:47] >> yeah, the boat we have is not a big [32:48] boat. Maybe it's probably I mean we have [32:50] a freezer there and so I can't that [32:52] takes up a couple feet, you know, maybe [32:54] three feet, but I I actually I I physically measured [32:59] it trying to get figure see if I can get [33:01] my boat in there and I can't. So I have [33:02] our boat stored at our daughter's house [33:04] and I have our trailer stored at our [33:06] son's house right now. [33:07] >> Yeah. In Saratoga Springs. [33:09] >> Saratoga Springs, which Yeah. [33:11] Um I [33:13] >> think probably part of what you you you [33:15] don't see is the house comes into the [33:18] garage on the on that west side. [33:20] >> West side. Yes. [33:21] >> Yeah. So you uh [33:23] >> I just was the only thing I was looking [33:25] from was the um attached to the [33:28] application. Wasn't there there was a [33:33] site plan? [33:34] >> Yes. that showed um it been there in and [33:40] it that's why it was questioned because [33:43] it it obviously has the three parking [33:46] lots and looks like I mean parking [33:48] spaces and looked like there was [33:50] additional space. I didn't try to [33:52] measure it out in ter and it was pretty [33:54] small to see the directions and that's [33:56] why I'm saying was asking how deep those [33:59] are [34:01] because as I understand it if you were [34:03] talking about strict compliance to get [34:05] the 20 ft if you moved the south or the [34:10] entry of the proposed garage if you move [34:13] that back to get the the 20 ft you'd be [34:18] um and it [34:21] And I couldn't tell exactly from the [34:23] site plan how much whether the room [34:26] whether the separation was coming off of [34:27] which line it was coming off of. That's [34:30] why I asked about the separation. [34:32] Um [34:36] because as I understand it whether that [34:40] the the proposed structure that's back [34:42] in the corner now and I'm looking at the [34:44] it's called um [34:50] it isn't called anything. Um [34:53] well it's the drawing has a number A1. [34:57] >> Yeah. [34:58] >> That's that's a [34:59] >> one of the [35:00] >> cycl. Yeah. that has the site plan on [35:03] it. [35:03] >> Yeah, [35:04] >> this is [35:06] provided that [35:07] >> is this you provided that? [35:08] >> Yes. [35:09] >> Okay. In looking at it and that's why [35:12] I'm referring is we won't mark it [35:13] because it's attached to the application [35:16] >> but it has the marking on it of A1-1 in [35:19] the right hand lower quarter of the site [35:23] plan of the proposed site plan as I [35:25] understand it. [35:25] >> Yeah. that there is a jutting back as [35:29] you are you do you have a copy of it [35:31] where you can look at it and maybe you [35:33] can explain. [35:33] >> Yeah. Would you mind I can come over and [35:35] look at yours if you like. [35:36] >> You can one you gave me Gen has got [35:43] » detail maybe in a little larger scale on [35:45] it. [35:49] » So we're looking at the same Yeah. [35:51] Remember the same map it's the A1.1 so [35:54] that everyone has it doing is [35:58] the question is is this where the [36:01] structure is so that the 6 ft we're [36:03] talking about is just right there or is [36:06] it back here that's [36:10] maybe when we we need [36:12] >> so so [36:14] >> I mean I could see this side of your [36:16] garage coming back in but what I can't [36:18] see is this part right here. [36:19] >> Yeah. So, um, [36:21] >> cuz that looks like it's only two or [36:23] three feet. [36:25] >> Yeah, it's going to be So, where is [36:27] this? The very corner of the house right [36:29] here. [36:29] >> Uh, that's what I'm asking. [36:31] >> Is that where your air conditioner? [36:34] >> Yeah, the air conditioner would be back [36:35] here. So, it's probably it's going to be [36:36] more like right like maybe right there. [36:40] It's right. [36:41] >> Okay. That's when you can't say there. [36:42] So, you're saying in the extension of [36:44] the line it is just under this elevation [36:47] of there. So the house separation from a [36:50] detached garage to the next structure is [36:54] that this location of six or is that [36:57] this location or what you [36:59] >> No, it would be off the corner off the [37:01] corner of that location [37:02] >> of this garage to where [37:05] >> this garage is actually going. So if this was really drawn right? [37:13] >> Yeah, it is. But all the the builder did [37:16] it for me. [37:18] Um, yeah. It's [37:22] >> Is it Is this part right here? [37:26] >> Is that external to the house? Is that [37:29] where your air conditioner unit is [37:30] sitting on that on a pad there or is [37:33] that part of your garage? [37:35] >> I'm just looking. Let me see. Is this [37:37] the door? These are the doors, right? [37:38] >> No, I think [37:39] >> those are the three [37:42] >> three slots. I would have assumed that [37:44] this was the the entryway, but that may [37:47] not be right. I don't know what this [37:48] line is. That's a where the structure [37:50] end. Whether the structure ends here or [37:53] whether the structure ends I'm assuming [37:55] that the structure ends here. [37:56] >> I think it does. [37:59] I think I think it does. And then this [38:02] is kind of the air conditioning right [38:04] here. [38:07] Because that looks like like a foot or I [38:09] mean it looks like a very [38:12] >> well it's not a great distance. I [38:14] >> mean because if we're talking about that [38:15] it has to maintain a 6ft difference. [38:18] Where are we talking from? Dwayne [38:20] >> I'm talking about um I think it might um [38:29] » why not attach it? What would happen if [38:32] you attached it? But I could, but I mean [38:36] then it's the housing setbacks. [38:41] » Well, that's what you're [38:42] >> the accessory building setbacks, [38:45] >> not the that's these are the accessory [38:49] building setbacks here. And that's what [38:51] he wants to [38:52] >> so what he is is he wants to have the [38:56] building the garage considered a [38:58] >> an attached accessory building as [39:01] opposed to [39:03] >> part of the of the residential [39:05] >> correct [39:06] >> envelope [39:07] >> correct [39:10] >> but I still have we're doing that we [39:12] need to have a fixed line of talking [39:14] about where the separation is coming [39:17] from. I I I actually think the [39:18] separation is right. I think it's [39:20] actually probably come down to here. I [39:23] mean, you know, [39:25] as far as scale in here, I mean, this is [39:27] what we we drew how this one would would [39:30] look, but I think it's going to be right [39:31] here. [39:32] >> So, what I'm saying, Mr. Brooks, is that [39:34] if if a variance were to be granted and [39:37] allowed that, it's still allowing a [39:40] variance from here from 20 to something, [39:43] >> right? [39:43] >> And it will have to be measured. Wayne's [39:45] going to have to be out there. to say, [39:48] "Oh, here it [39:51] is. We need to have a fixed place [39:54] from where that would be calcul [39:59] » and so [40:00] >> structure." [40:01] >> If that's this, frankly, that doesn't [40:04] look like 6 feet to me. [40:05] >> I I measured it this morning when I came [40:06] out. 6 and 1/2 ft from where the where this is going to come down and [40:11] meet my so it's my garage driveway comes [40:15] down and we're going to it'll extend [40:17] from the garage driveway out. So the way [40:19] we came up I mean we we came 10 ft down [40:23] and said okay [40:27] I mean I I I don't know that I [40:30] >> what she's asking is the distance from here to your house structure. Yeah. [40:34] >> Is it from here to here? Is it from here [40:37] to here? No, [40:39] >> it's what? [40:40] >> I measured from the corner. [40:42] >> I measured the corner of my house to [40:44] where this corner is going to where the structure is going to start [40:48] with the driveway. [40:49] >> Okay. So, this so this is part of your [40:51] house structure. This little this area [40:53] right there. [40:54] >> Yeah. I think this kind of jets in is [40:56] what I think this [40:57] >> Oh, where the air conditioner is? [40:59] >> Um, no. So, it what it does, it comes [41:02] over and jets in and the air conditioner [41:04] is over here. So I'm just wondering if [41:06] this line came down far enough [41:09] >> came too far. [41:10] >> Oh, this line this line maybe should [41:12] have ex [41:14] but [41:15] >> where's the structure is is the [41:18] structure this line this you know solid [41:21] line that is [41:24] at the which would appear to be the [41:27] north part of the garage. [41:32] Yeah. I thought this was part of your [41:34] house structure. This this little place [41:37] in here. [41:40] » It is. It is. It is. [41:44] >> So when you walk into your garage, how [41:45] do you enter your home? Through the [41:48] back. [41:48] >> Yeah. [41:48] >> So they're What's happening here? [41:50] >> Over here. So So well you So this you [41:53] enter the home right here. So this is [41:56] actually this is part of the home. This [41:58] is where actually our furnace sits. [42:00] >> So that's [42:01] >> not Yeah. Our furnace and air [42:02] conditioner. [42:03] >> So this is this is a hard wall [42:05] structure. Yes, it is. [42:06] >> The the solid lines. [42:08] >> Yeah. [42:10] >> Which makes that like 2 ft. [42:12] >> So it could be. So the the distance then [42:14] from here [42:16] >> to here [42:16] >> to the structure is not six feet. [42:18] >> It it Okay. So it it is it actually is I [42:22] don't know this drawing is exactly [42:23] >> W. [42:25] It's from this corner where this starts [42:27] is 6 feet. I measured it when we came [42:29] today. [42:32] So maybe what maybe the way this is [42:34] drawn is this should be again because [42:38] we'll have a scale here necessarily is that maybe this should be over this [42:43] way just a little bit and come down to [42:45] right here because where my garage where [42:47] my concrete ends [42:51] right here is where 6 ft is where is [42:55] where this garage will start. [42:56] Absolutely. [42:56] >> So you're saying from the edge of the [42:59] concrete this the extension [43:02] >> this this concrete goes down to here. [43:07] >> It has now a back up to here. So the [43:09] concrete goes So are you saying that [43:11] this is off in this 35 ft? Yeah, [43:14] probably it's I'm guessing maybe the way [43:17] that this should should show is that is [43:20] this line moves in just a little bit [43:22] because there's from the corner of the [43:24] house assuming this is the corner of the [43:25] house. [43:26] >> This is 6 and 1/2 ft to where this where [43:29] the concrete starts and where we're [43:31] going to start to build the corner. That [43:33] would be the corner. So if I were to [43:34] grant this and said you are allowed to [43:37] come within six feet of the norththeast [43:41] corner [43:42] >> Yes. [43:42] >> of your property. [43:43] >> Yes. [43:44] >> Right there. [43:45] >> Yep. That [43:46] >> directly east six. [43:48] >> Then you don't have any then that would [43:50] give you contrary to this map we would [43:53] talk about that it's over to excess and [43:55] you essentially being an extension of [43:58] the access right [44:00] >> on the of the existing concrete right. [44:04] Is that that's because we want to make [44:07] sure that you [44:07] >> I've seen eight. I've only seen eight. I [44:09] haven't gone over and examined. [44:15] » So, it' be 16 ft directly east [44:19] of the norththeast [44:23] >> corner [44:25] >> of the home. [44:26] >> So, that if that doesn't make it 35, [44:29] >> that makes it 35. Well, if it doesn't [44:31] make it 35, you have to cut it down. [44:33] >> You have to live with it. [44:34] >> Okay. Got it. [44:36] >> Now, let me ask a question for you, [44:38] Wayne. [44:39] >> When I asked you about whether or not [44:41] the um for me for me, [44:46] I don't see [44:49] any reason that you couldn't comply with [44:51] the ordinance. You You don't There are [44:53] reasons you would like not to, but that [44:56] strict compliance in this case is [44:58] possible. Let me just finish that [45:01] thought for a minute. [45:02] >> Okay. And for me the only way the [45:04] justification is that if the purpose of [45:06] that setback is for providing a for [45:10] wildlife or for wildfire safety [45:14] protections and you're mitigating that [45:16] by providing them inside where you would [45:18] not have to do that. [45:22] That's a mitigation where you're dealing [45:24] with the general purpose of what that [45:26] was required for it to to do. [45:28] >> Okay. The question I have Wayne about [45:31] that is [45:34] um when you talked about from this code [45:37] and I asked you about is the suppression [45:39] limited to the interior of the structure [45:41] or the exterior structure of the [45:44] property outside and I kind of got the [45:45] impression that yes it does the interior [45:48] but that it might have a benefit outside [45:50] as well. [45:52] >> Tell me about that. [45:55] If a structure catches fire, [45:58] our concern is that it moves through [46:01] that structure to the outside to the [46:03] next structure. [46:05] So, [46:07] and that's one of the primary reasons [46:09] for it. [46:09] >> And it's a risk to you because it puts [46:11] you a home. [46:12] >> I understand. Yeah. Understand. But but [46:17] like [46:21] But I just don't know. Well, there's [46:22] nothing in there that's really should be [46:24] creating fire, but [46:27] yeah, you're right. [46:27] >> And he's doing everything that you do to [46:31] the interior of a home to [46:34] >> help suppress fire. [46:35] >> And let me ask but and but for that he [46:39] but the question is there something that [46:41] realistically that in as part of that [46:44] suppression system that's in there can [46:47] be available. So because my concern [46:49] would be and as I understand the [46:51] wildline the wildland urban fair phase I [46:54] can't even say wildland urban [46:56] >> interphase [46:58] >> um is part of that of the separations is [47:01] because of the of fire jumping from you [47:04] know one to another which you've [47:05] increased the risk dramatically by [47:08] having the six feet. Is there something [47:09] in terms of suppression that can be [47:12] available so that if that happens that [47:15] it would provide fire to suppress [47:19] exterior, you know, from going here or [47:21] there so it can't jump or that you can [47:23] attack it more quickly. [47:25] >> There's there's standards for exterior [47:31] materials that's used for a house that [47:35] has to have a certain fire rating to it. [47:39] that's in our building code. So, they [47:41] can't just put up any kind of lumber or [47:44] any kind it it has to have a a [47:49] um [47:51] there's a designation for it that makes [47:53] it fire resistant for the exterior [47:57] portions of a home. [47:59] >> Well, and that makes it [48:00] >> and that's code. So, so that's that's [48:03] one of the code items I was talking [48:05] about, right? where if you throw up a a [48:07] shed and you just put a bunch of plywood [48:09] up there as an accessory building then [48:13] that is then it's less [48:14] >> it's less [48:15] >> but and but this is much closer and it's [48:18] like reaching from here to where Mrs. [48:20] Briggs and so is there something that to [48:25] mitigate the risk that it's created by you know by reducing the setbacks to [48:33] protect to provide better protection [48:35] >> for my own home [48:36] >> for your own home for your home and for [48:38] the for your home and for the garage [48:40] because it can go either way. I mean I [48:42] know that fires often start in kitchens [48:44] and often aren't they often in garages [48:47] particularly if you want to do [48:48] woodworking. [48:49] Um, you know, and you've got a community [48:53] rating. [48:54] >> You've got a community that is so [48:56] vulnerable [48:57] >> to fire [48:59] >> and that's where that fire rating of [49:01] exterior materials comes into play. [49:04] >> But that the exterior thing is [49:06] protecting it against fire [49:11] coming to it. It doesn't it's still [49:14] going to burn on the inside, right? I [49:16] mean, [49:16] >> not necessarily. [49:18] I mean, Yes, but but it is it's not [49:21] going to be like kindling on a fire. [49:26] That piece of wood [49:27] >> is going to [49:29] >> it's fire. It's been treated. It's not [49:32] just the exterior. It's that whole piece [49:34] of wood. [49:35] >> Is Is that material different than the [49:39] um fire rating of the material on his [49:41] existing home? [49:43] >> I It shouldn't be. I would say that it's [49:46] probably going to be better than what we [49:47] have on our existing home. our existing [49:49] homes almost all cedar wood. Um, and [49:52] >> and that's been it would have been [49:53] treated [49:54] >> in order because that's a code issue in [49:58] our city. [49:59] >> And so if you've got would [50:02] >> I'm just saying what are the things that [50:04] he could mitigate to get him better [50:07] protection that would be more equivalent [50:08] to what he would get if he had to have a [50:11] separation. [50:12] >> Right. One thing I do think so this is [50:16] the very corner of our house. So this is [50:18] going all the way back. So the very [50:20] closest part of this would be right [50:22] there. [50:23] >> Right there. That's absolutely I mean [50:26] >> but you're right. But that I mean once [50:28] there was a fire [50:29] >> if there's a fire in here the concern [50:32] would be your home puts your home at [50:34] risk [50:34] >> and and vice versa. Now the other [50:37] question I had this you know this is [50:39] nearly a th00 it's proposed at nearly [50:41] a,000 square feet 35 by 35 right? Are [50:46] there will the city code allow an um an [50:52] what do they call an an a sex an [50:55] accessory building unit [50:57] >> in that property? [50:59] >> Yes. [51:01] >> Does that change what kind of code and [51:04] materials would have to be required? [51:09] » If it's within 20 feet it does. [51:11] >> Okay. [51:12] >> Let me come back to that again. If it's [51:14] beyond 20 ft, then there's no there's no [51:19] code requirements. [51:24] » So basically, I have to build the same I [51:26] have to use the follow follow the same [51:28] guidelines that they build my house. [51:31] >> Um [51:33] because [51:34] >> so it's a plus if somebody's building [51:36] accessory building and they want to [51:37] build it to code, [51:39] then all those code elements come into [51:42] play. Now, if it's over 20 ft, they [51:44] don't have to. But if they want to [51:46] preserve, [51:47] for whatever reason the surrounding [51:49] property, etc., they can build it to [51:52] code. They can put the those [51:54] fireresistant [51:56] materials into the building. [51:59] >> And would you be willing to to provide [52:01] all of that kind of code compliance? [52:04] >> When you say fire resistant, tell me [52:06] like you mean insulation and and and I [52:09] mean is [52:10] >> whatever the code requires. primarily [52:12] it's the exterior structure. [52:14] >> So, so the HOA has some requirements [52:18] that you know that we we complied with. [52:22] I mean, I went through and showed them [52:24] exactly what as far as the party board [52:26] on the outside stuckle down three sides [52:30] and they were they were fine with it, [52:31] but I I I don't know enough about [52:33] >> I'm going to say come to them. Don't go [52:36] to your I mean [52:37] >> Yeah. Yeah. Yeah. I [52:39] >> well we will now because I mean I've [52:41] been waiting I didn't want to put in [52:43] more money till I could figure out if we [52:44] were going to be able to do it but now [52:46] we can do it then we're going to we're [52:47] going to get underway [52:48] >> because it seems to me that if if we're talking about here and [52:53] we're talking over here [52:56] strict compliance would allow you to [52:58] probably build a 20ft depth that would [53:03] probably [53:03] >> it would like if I was to move 20 20 ft [53:07] away from the structure [53:08] I mean, if you pulled this back, so you [53:10] were 20 ft that way. [53:12] >> We We looked at [53:14] >> You can't get there. [53:14] >> Yeah. You You can't [53:16] >> You can't get there. [53:17] >> We can't. [53:18] >> It doesn't work. [53:19] >> So 20 ft. This looks like it's what? [53:22] Maybe [53:24] that's 5T. This is less than five. [53:26] >> Yeah, that might be like [53:30] >> three. But again, keep in mind, we did [53:32] our best to try to figure out scale, but [53:34] I think this needs to come in just a [53:36] little bit because I actually guarantee [53:39] you that it's six at least six feet away [53:42] from the corner of the house where a [53:44] garage would start. So, [53:47] >> but that's right. Would be rightly [53:49] >> if it's right there, whatever. But then [53:51] from there, we measured over and so we [53:53] ran a line, you know, make sure that we [53:55] were 5 ft off of Gay's property line. We [53:57] know we know the property line. We [53:59] strung it. [54:01] >> Yeah. And then we um and 10 feet off the [54:04] back and measured this out the builder. [54:07] >> And that gives you the 35. [54:08] >> Give us the 35 ft. We may have to shrink [54:10] it to 34. Um it but currently we could [54:15] get 35 in there. The problem is that if [54:18] you try to move it over and take the 20 [54:20] ft, so you go into our house and you got [54:23] to go then it would really kind of look [54:25] weird. [54:27] But but we can't that's it's a mood [54:29] issue because it's not big enough [54:31] anyway. [54:32] So [54:36] » because [54:40] » if you come if you leave the depth here [54:44] but are not [54:46] >> this is where we need the depth really [54:50] this way [54:50] >> you right so they need the depth but if [54:53] you move the size so it wasn't as wide [54:56] would it get get it back [54:59] >> it so you know you mean to buy 20 ft. [55:02] >> Yeah. [55:03] >> You know, it we decided [55:04] >> Well, cuz that was 15 ft. Is it a 15 If [55:07] you're adding Well, but that's going [55:09] over here. [55:11] >> Do you add 20 ft to that? You It makes [55:13] it so it it really doesn't work [55:16] >> because the garage then becomes I mean, [55:20] if I'm going to put this kind of money [55:21] into the garage, I want to be able to [55:23] put my like I'm hoping to put a trailer [55:25] and a boat in there. If not, for sure, a [55:28] boat. um and and then do some other [55:32] stuff. It just it just shrinks it down [55:35] to the size that does I mean we wouldn't [55:37] well [55:37] >> we wouldn't build shrinks it down to an [55:39] accessory size. [55:43] » Yeah. [55:44] >> Um [55:45] >> we we've had accessory buildings that [55:47] are 60 by 60. [55:49] >> I not in that area [55:54] >> but the size of it is not [55:55] >> so this is interesting I think. I don't [55:57] know. So yeah, it doesn't matter. The [56:00] lot across the street is a villa, which [56:02] is weird, is a villa lot. [56:06] So that makes their setbacks. They're [56:08] not even maybe 10 ft from the house next [56:12] door. [56:13] >> Um, and that house is bigger than our [56:16] house square footage wise [56:18] >> and it's a villa. [56:20] >> They apparently this was apparently a [56:22] villa lot when they when they [56:24] >> I don't know what that means. [56:26] just on a bridge. [56:27] >> Never mind. [56:28] >> It was a different It's getting into the [56:30] different zone probably. [56:31] >> Yeah. Covers different zones [56:34] across the street, but they combined [56:36] ourses to the villas. You're right. I'm [56:38] in the weeds. [56:40] >> Um I know they're really fun to get [56:42] into, but where we need to go. [56:46] >> I have a thought if I can interject if [56:48] you're [56:49] >> Okay, introduce your name then. [56:50] >> I'm Aaron Lloyd. [56:52] >> Hello, Erin. [56:53] >> Um hello. So if your concern is being [56:56] closer than 20 ft in the fire between [56:59] the two in the fire suppression system, [57:02] it's very simple to add exterior fire [57:07] sprinklers and have a dry whip that [57:10] attaches to it that if a fire is coming [57:14] from the house to the garage or the [57:16] garage to the house [57:18] >> that it would start either way. Dry [57:21] whips on a fire sprinkler system are [57:23] about $650 [57:25] a head. And if it's only at the corner, [57:29] I'm not a fire sprinkler guy, but I do [57:31] know you probably wouldn't need that [57:33] many. So, it's not a huge cost, [57:35] >> but that could bridge the gap of keeping [57:38] the fire in contained to one [57:41] >> area. Aaron's a builder, I might say. [57:44] So, he's [57:46] >> interesting knowledgeable about some of [57:47] those things. and thanks for picking up [57:49] on my concern and seeing if there was a [57:51] way to solve the problem because I know [57:54] that the p the general purpose is we've [57:56] talked about it is to provide that kind [58:00] of protection for the risk because you [58:02] wouldn't want to be coming having a fire [58:04] coming up that hill and hit your garage [58:06] and [58:06] >> hit your house and and take them both [58:09] out when [58:10] >> you would have had a chance to fight it [58:12] had they've been separated longer. [58:13] >> Yeah. So, it's probably going to fit [58:15] extra e exterior materials, including [58:17] the roof and the and your siding and all [58:21] of that. That would be required. [58:23] >> Just real quick, cuz I don't know, but [58:25] is stucco on three sides and hardy board [58:28] on is is that fire resistant at all? [58:32] >> It's not a class A system, but it's [58:34] better than cedar, but treated cedar is [58:36] probably the same. Hardy board is better [58:39] because it's cement composite. [58:41] >> Yeah. But it is better. They're not [58:45] going to strike in strike in amber, but [58:47] you could do a class A fire system on [58:50] the outside of the house. [58:52] >> Yeah. [58:52] >> Okay. [58:53] >> That could meet that. [58:54] >> Okay. [59:03] Do you want any comments that you [59:05] want to make on behalf of the city in [59:06] terms of [59:07] >> No, we're [59:11] we don't have any objections to what [59:14] he's proposed [59:16] given the research that we've done on [59:19] it. [59:21] Um, [59:23] so [59:25] and with the other elements involved [59:27] with the HOA and telling him he could do [59:31] it and we're trying to work with him to [59:35] bring the HOA to some degree and educate [59:38] them to [59:41] >> well and I appreciate the fact that I [59:43] hope you appreciate the fact that your [59:45] city is trying to resolve an issue that [59:49] um someone helps kind of created for [59:52] them. [59:53] >> And um [59:55] >> so property owners should deal with [59:58] cities and then go to the HOA. I mean, I [1:00:01] know you have to make both people happy, [1:00:03] but [1:00:05] your HOA has more latitude to change [1:00:07] than your city does. And the city is [1:00:09] doing it. I have a concern in the fact [1:00:12] that [1:00:14] I can't say that there's anything about [1:00:16] this lot that cannot be complied with as [1:00:21] under code strictly with strict [1:00:23] compliance. [1:00:24] However, I do see that it is [1:00:27] complicating the fact that [1:00:31] um what you're proposing [1:00:35] for it really designs on it being [1:00:38] considered an attached garage rather [1:00:41] than part of the the house and bound by [1:00:44] the the setbacks that would be required [1:00:46] for the house. [1:00:48] The mitigating factor to me is that the [1:00:52] only reason I can justify in that or [1:00:55] consider that is that if you bring those [1:00:58] up to provide the kind of suppression [1:01:00] that is require I mean it's contemplated [1:01:02] as I see for the general purpose of [1:01:04] suppressing and being able to deal with [1:01:06] a fire and not allowing it to [1:01:08] communicate between each other. And so [1:01:11] dealing with the external tip materials [1:01:13] in a fire safety [1:01:15] um [1:01:17] system that will allow suppression, [1:01:19] exterior suppression. You called it a [1:01:23] >> drywood. [1:01:24] can also do it with just a regular [1:01:26] sprinkler system that is um like a [1:01:30] glycol based and you could actually run [1:01:32] it all the way around [1:01:34] >> the exterior in the eaves and it [1:01:38] wouldn't be [1:01:38] >> so that's how they deal with freezing is [1:01:41] they use glycol in it [1:01:42] >> either glycol yep or the dry whip it's [1:01:45] in the house and it's got like a [1:01:47] three-foot tether to the sprinkler that [1:01:50] goes outside and the sensor is out here [1:01:53] but It controls a valve here that if [1:01:56] there's a fire, it kicks the valve, [1:01:59] shoots the water up there. That way, you [1:02:00] don't have it to have the glycol system. [1:02:03] So, there's two ways of designing it and [1:02:05] doing it. [1:02:05] >> We probably have to have the glycol [1:02:07] system because we're not going to have a [1:02:08] heating system inside the garage. [1:02:10] >> Yeah, glycol would be better in that [1:02:12] case. Well, and and whether because I [1:02:15] know that at least in the area that I [1:02:17] live that large garages often tend to [1:02:20] have dwelling units above it when you [1:02:23] for good reasons. Um it's more [1:02:25] affordable housing and we have these [1:02:27] children that come back and [1:02:28] grandchildren that [1:02:30] >> that we love to have with generational [1:02:32] living. Um [1:02:35] and so that I can in this case consider [1:02:40] that while it [1:02:42] with with the condition that you submit [1:02:47] a system whether that is a dry whip [1:02:50] system or another system that will be [1:02:52] required by the fire department to be [1:02:54] approved that will provide the ability [1:02:57] for providing fire suppression outside [1:02:59] of the exteriors to protect both [1:03:02] buildings from uh fire, you know, moving [1:03:06] either way, [1:03:07] >> right? [1:03:08] >> That [1:03:09] I believe that that will advance the [1:03:12] general purpose as well as deal with [1:03:15] your particular [1:03:17] issue that's involved [1:03:20] and provide you the protection that would be [1:03:25] accommodated by the setback if the [1:03:27] setback were there. [1:03:29] Um I I mean the last thing I want to do [1:03:32] is create a situation where it would [1:03:35] have my home burn down. So I so as we go [1:03:39] as we started to go through this and I [1:03:40] realized oh my gosh we got to do a [1:03:42] variance. We we actually stopped kind of [1:03:44] going further until we had this [1:03:47] >> but but you're but I don't have any [1:03:50] problem with that because we want to [1:03:51] protect our main you know [1:03:53] >> the other thing is is that I would put a [1:03:55] waiver that you would proceed to the [1:03:57] root [1:03:58] Sorry, I'm not sure what that's doing. [1:04:01] That be a waiver of any um liability [1:04:03] against the city against as a property [1:04:06] on the lean for anybody for anybody [1:04:09] owning the home now or grabbed your lean [1:04:12] that wave immunity [1:04:15] if in fact there's a fire that occurs [1:04:17] there because you've enhanced the the [1:04:20] hazard. [1:04:21] Um, [1:04:23] and and I don't mean to wave your [1:04:26] rights, but I mean you're you're asking [1:04:27] the city to do something that will [1:04:30] increase the risk in the event of a [1:04:33] firefighting that will implicate your [1:04:35] own home. And it isn't appropriate in my [1:04:38] opinion to have a turnaround and claim [1:04:40] the city. Well, you know, my fire my [1:04:43] house burned down because the fire came [1:04:45] up the backside and it went to the [1:04:46] garage and it went to the house and it's [1:04:48] your fault for letting me put and it may [1:04:51] not be you. It may be whoever you sell [1:04:53] it to, [1:04:53] >> right? Understand that. [1:04:55] >> And that that um that that's a waiver of [1:04:58] that claim [1:05:00] um that will be record. [1:05:03] But [1:05:03] >> wouldn't that apply to anybody that [1:05:06] builds a home in there then? I mean I [1:05:07] mean you build a home in there and the [1:05:09] fire for example you're going to build a [1:05:11] lot that home is not more than 10 ft [1:05:14] from the other home. So what happens if [1:05:16] that home starts on fire I mean [1:05:20] and then moves to the other home I mean [1:05:22] aren't we talking about the same the [1:05:23] same kind of thing? There's always [1:05:25] liability attached to anything that you [1:05:29] do. Yeah, [1:05:29] >> there is. But you're creating the li [1:05:31] you're you're adding to the liability, [1:05:34] >> right? I understand what you're saying. [1:05:36] >> Risk [1:05:38] understand what you're saying. [1:05:39] >> Just to add a little bit, I don't want [1:05:42] to [1:05:43] add confusion. There's other lots in [1:05:46] that same area that have less setbacks, [1:05:51] distance. So, and that's the point that [1:05:54] Mr. Briggs is making uh he's building [1:05:56] across the street from a house that has [1:05:59] less setback than what his house does [1:06:02] because it's a different zone. [1:06:04] >> Well, but [1:06:04] >> but the the threat is is essentially the [1:06:07] same. It's it's not any greater than what his home [1:06:14] has. [1:06:16] But I I I understand. I know what you're [1:06:18] saying. [1:06:19] >> I I and so do I. And I and I don't thing [1:06:21] is I don't want to get sued because you know we built this garage [1:06:26] and for some reason it it it catches [1:06:29] fire and it doesn't just get my house it [1:06:30] gets somebody else's house. It it would [1:06:32] be very unlikely because of the [1:06:34] separation but [1:06:35] >> well and that's what the separation is [1:06:37] intended to do is to slow that down. So [1:06:39] by having your suppression in my thinking is that that's compensating [1:06:48] for the um for the lack of the [1:06:50] separation by having the suppression and [1:06:52] it will be you know [1:06:54] >> makes sense makes good sense [1:06:56] >> provides that to you and u because [1:06:58] otherwise [1:06:59] >> you know otherwise you could comply but [1:07:02] you can't get what you want [1:07:05] but in getting what you want it can pose [1:07:07] a certain risk and things and So if you [1:07:09] can mitigate that in my mind [1:07:11] >> to compensate for that and to provide it [1:07:14] then [1:07:14] >> and and so that means your exterior [1:07:16] materials would need and they probably [1:07:18] would need to be approved by the fire [1:07:20] chief. [1:07:20] >> Okay, being um the suppression the [1:07:23] outside exterior protect suppression as [1:07:26] capability as well as whatever would be [1:07:29] required on the inside as if it were [1:07:32] considered part of your residence. So, I [1:07:34] guess the question I have, and this is a [1:07:35] builder question, but what kinds of [1:07:37] materials on the exterior of your house [1:07:40] are I mean, I don't know what the fire [1:07:42] chief's going to say. I have no idea [1:07:44] what the fire chief's going to say, but [1:07:45] >> Well, there's a building code that's [1:07:47] that that that [1:07:50] says what the rating has to be. [1:07:52] >> Okay. All right. I'll have to look into [1:07:54] that. [1:07:54] >> Things that you can do because I do [1:07:57] build in moo areas. [1:08:00] um half inch or 5/8 um exterior grade [1:08:04] drywall underneath the siding. [1:08:06] >> Okay. So, we're using 5/8 inch [1:08:09] sheetrock. [1:08:10] >> Yeah. But on the outside. So, you'd have [1:08:12] to use um they have exterior grade. [1:08:15] They're made for fire. You can put that [1:08:17] on the outside underneath your sighting. [1:08:21] That would give you a class A system. [1:08:24] You could use a metal sighting, too. [1:08:25] That could get you there. They have an [1:08:27] underllayment for Wooi. have to use a [1:08:29] fire retardant underllayment. You could [1:08:32] I'm sure there's a system that you could [1:08:33] run that vertically, too. [1:08:36] >> But yeah, there's tons of options that I'm sure the fire chief knows even [1:08:41] better than me. But yeah, those are a [1:08:42] few. [1:08:45] >> Um, [1:08:49] so [1:08:53] I will do a written order [1:08:55] of this being a [1:08:59] But we would [1:09:02] grant the variance for the detached [1:09:05] garage to be considered as a detached [1:09:07] garage and maintain the existing [1:09:10] separation or the the required setbacks [1:09:13] on the north and the east side but allow [1:09:16] it [1:09:16] >> the existing building setbacks [1:09:18] >> for the garage structure. [1:09:20] >> Yes. Um and with the with the variance [1:09:24] of the reducing the 20 foot setback to [1:09:30] a line extending from the existing [1:09:33] concrete is that [1:09:38] » okay so we have a place that's [1:09:41] >> Yep. [1:09:42] >> Um not to go any closer than that and [1:09:44] going so if that's not 35 ft you don't [1:09:48] get 35 ft you get from [1:09:50] >> Got it. concrete in place [1:09:52] >> and um but that that is conditioned upon [1:09:55] you [1:09:57] meeting with the I mean complying with [1:09:59] what the fire chief will require for [1:10:02] bringing that the garage is constructed [1:10:07] as and meets the codes as if it were [1:10:10] part of the residence. [1:10:11] >> Okay. And that it provides a um [1:10:15] suppression system [1:10:18] for exterior [1:10:21] well exterior suppression water superior [1:10:25] >> um to pro to protect [1:10:29] both the home and [1:10:32] the garage. [1:10:33] >> Okay. [1:10:34] >> Is that [1:10:34] >> so would that Yeah. I guess the question [1:10:36] I have is would that exterior [1:10:37] suppression then [1:10:40] I relate to just the side of the house [1:10:43] where is closest to our house? Are you [1:10:45] talking about the entire facil the [1:10:47] entire building? [1:10:50] >> I' I'd suggest you don't the entire [1:10:52] building all the way around it. [1:10:54] >> Okay. Okay. [1:10:56] >> I think you I would leave that to the [1:10:59] fire chief. I would think that it would [1:11:00] be at least these two facades. [1:11:02] >> Yeah. At least the at least the north [1:11:04] and the [1:11:05] >> and the east. [1:11:06] >> In the east. [1:11:06] >> Yeah. [1:11:07] >> Um [1:11:13] » or the west cuz that's in our side. [1:11:14] Okay, I got it. [1:11:15] >> The west is um [1:11:17] >> west is on our side, but [1:11:20] >> well the west is downside, but you don't [1:11:21] have trees there and you've got large [1:11:23] separations, [1:11:24] >> right? Right. [1:11:25] >> So I would leave that to the fire chief, [1:11:27] but it would include at least this [1:11:28] portion to provide the equivalent time [1:11:33] >> as of the separation being there. [1:11:35] >> Okay. [1:11:37] >> In lie of the separate basically [1:11:39] providing it in li of the separation. [1:11:41] >> The last thing I want to do is have a [1:11:43] fire that would would affect our home or [1:11:45] anybody else's home. So I'm totally good [1:11:47] with that. [1:11:49] See, and and I don't have a problem if [1:11:52] you're detached garages in that's having [1:11:53] an ABU in it. But that's neither here nor there. [1:12:00] >> Um, [1:12:01] >> and someday when you sell a boat and [1:12:03] sell a trailer, then maybe you turn it [1:12:05] into an ADU. [1:12:07] >> Well, is it two story or one? I figured [1:12:09] it probably [1:12:11] one story. It'll be high, but it'll be [1:12:13] one story. So, you get a garage in. [1:12:15] >> I would say gosh, take it up another [1:12:18] that our kids are not coming back to [1:12:21] live. [1:12:21] >> No, we did that already. [1:12:24] >> We have 22 grandchildren. So, [1:12:26] >> so am I. [1:12:27] >> Do you really? [1:12:27] >> You have to. [1:12:28] >> Good for you. [1:12:29] >> You get it then. [1:12:30] >> I get it. But they come back. [1:12:34] >> Like you'll have grandkids back and [1:12:35] forth. [1:12:36] >> Yeah. And And you want them back, [1:12:37] >> you know. Well, I'm just kidding. I But [1:12:39] nobody's going to be living in the [1:12:40] garage cuz there's not going to be music [1:12:42] for that. Well, [1:12:45] >> you know, you never say never. [1:12:47] >> Well, that's true. [1:12:48] >> Anyway, any other questions? [1:12:52] >> Okay. [1:12:52] >> Do you have any questions? [1:12:56] » And is it all Is it all right if we keep [1:12:58] this? [1:12:59] >> Is it okay for us to keep this? [1:13:00] >> Can they keep this? [1:13:03] >> Yeah, you can keep that. I have I have [1:13:05] another And I have the bigger copy of [1:13:07] it. Oh, you have the bigger copy of it, [1:13:10] don't you? I'm going to put the X right [1:13:11] there on the mark of where the [1:13:13] concrete's going. [1:13:15] >> Then I need this. Well, I need one of [1:13:17] those back. So, [1:13:18] >> she she can give you this one. I mean, [1:13:22] the one that was attached to the [1:13:23] application she could give you back if [1:13:25] you don't need the big one. [1:13:26] >> Okay. Well, I I don't think I [1:13:28] >> The big one is a copy. That's one you [1:13:30] gave me. And it's a copy. I think [1:13:32] something else should be [1:13:34] >> or don't we take it to Jelly and Do you [1:13:36] have a copier? You can have it. I I know [1:13:39] where it's at if I have to come back and [1:13:40] get it. [1:13:40] >> Well, yeah. Show to Wayne because Wayne [1:13:42] will have access to it. [1:13:44] >> Yeah. [1:13:46] >> But the X marks the spot. [1:13:48] >> Okay. [1:13:53] » Yeah. Well, sorry. [1:13:54] >> Hope remembering your name. [1:13:57] >> Yeah. [1:13:58] >> This is our first round of ever doing [1:14:00] anything like this. So, [1:14:01] >> well, these are [1:14:02] >> sending my musual things because they're [1:14:05] usually really good reasons for why [1:14:07] cities enact ordinances [1:14:09] >> and these guys don't have the ability [1:14:11] not to. [1:14:14] >> No, I [1:14:15] >> they've been great. Honestly, I haven't [1:14:17] had no [1:14:18] >> We live on Nebo Circle by [1:14:20] >> Once we learned that that this wasn't [1:14:22] going to work cuz we actually thought it [1:14:24] was going to and then we found out, [1:14:25] well, you have to do these setbacks. [1:14:27] He's like, "Okay, then we got to figure [1:14:30] this out if we can." You know, [1:14:31] >> I will be construction. So, I used to [1:14:33] work [1:14:34] >> without without the compensating thing. [1:14:36] I don't [1:14:36] >> actually started I wouldn't have gotten [1:14:38] my recommendation. [1:14:39] >> I don't work here now for a company [1:14:41] called Jackson. [1:14:42] >> Honestly, it's protecting protecting us [1:14:44] anyway. So, [1:14:45] >> beautiful. [1:14:47] >> Yeah. It's protecting your larger home [1:14:49] and your investment that you kind of [1:14:50] lose [1:14:50] >> which is sizable [1:14:53] >> which you wouldn't want to lose for [1:14:56] >> a garage or a boat because those are [1:14:57] both insurable. Well, I guess everything [1:14:59] else, but you don't want to [1:15:00] >> You know what? It's funny because I [1:15:02] mean, [1:15:03] >> yes. [1:15:04] >> Yeah, there's big boat and and the [1:15:07] trailer. It's [1:15:08] >> We actually own that. [1:15:09] >> It's allowing us to get a little bit [1:15:11] more operating room inside of our garage [1:15:13] cuz it's pretty packed right now. [1:15:16] >> And I can replace it's not a big third [1:15:18] world problem, [1:15:19] >> but [1:15:22] it makes it nicer for us. I know [1:15:28] » if you do something. [1:15:30] >> Appreciate your time. Is that anything [1:15:31] else on this? [1:15:33] >> Exactly. [1:15:36] >> You got it. Will you mark that as [1:15:37] exhibit A? Just a little. [1:15:45] He's been down to the house. He had the [1:15:48] crazy suggestion to build it on the [1:15:49] other side. And I told him he's crazy. [1:15:52] It won't work on the other side. [1:15:54] >> You say there'd be more room on the [1:15:55] other side, but that slope would be a [1:15:56] bugger. [1:15:57] >> That slope would be [1:16:00] >> Excuse me. It would not I wouldn't even [1:16:02] >> I didn't I didn't send it to you. I'll [1:16:04] let you [1:16:05] >> I was just asking him about it. [1:16:09] >> What's your number? [1:16:11] >> Sorry, it took so long. No, [1:16:16] » 1279. [1:16:18] And [1:16:19] >> that's that's very [1:16:24] » Thank you. Might need your advice. [1:16:26] >> Um [1:16:28] good. [1:16:29] >> Thank you. [1:16:29] >> Okay. [1:16:32] >> Thank you very much. [1:16:33] >> Yeah. Good to meet you. Good luck to [1:16:34] you. [1:16:36] >> Have a good day. Good to see you. [1:16:38] >> Yeah. Good to meet you. Take care. [1:16:43] » Okay. [1:16:45] The record should show and I'm assuming [1:16:47] that the record is still going that the [1:16:50] Briggs matter has been resolved and then [1:16:53] I will present a order. [1:16:55] >> Okay. [1:16:56] >> For that to the city um [1:17:02] you've had counsel before that I had [1:17:04] submitted it to. Do I need to you? [1:17:06] >> No, you can submit it back to Jody. [1:17:08] >> Back to Jody just for review. [1:17:10] >> Okay. [1:17:13] The next the record should show [1:17:15] that the next matter is going to be held [1:17:17] as required by notice that has been set [1:17:20] for this day. It is an application by [1:17:24] Aaron Lloyd [1:17:27] regarding a property at [1:17:32] course [1:17:34] at 105 Bridger Circle. [1:17:37] Um [1:17:39] and Mr. Mr. Mr. Lloyd is here and is [1:17:42] present as the application and Mr. Wayne [1:17:45] Franson is here on behalf of the city. [1:17:47] Um, you've been here, Mr. Lloyd, so [1:17:49] you've seen how we've done it before and [1:17:51] so we will ask Mr. Franson to give us [1:17:54] kind of the city's position on what's [1:17:58] happening with the hill and or your [1:18:00] property. Can either one of you, [1:18:04] since the order that I will be drafting [1:18:06] has to be recorded or will be end up [1:18:08] being recorded, do you know the lot [1:18:11] number and what subdivision that your [1:18:13] property is besides its um [1:18:17] address? [1:18:18] >> It's lot 53. [1:18:20] I don't know the name of the subdivision [1:18:22] up here. [1:18:23] >> Do you know the plant? [1:18:24] >> Um I don't know the plant name either. [1:18:26] It's a Thousand Oaks. When will you give [1:18:28] me will you give me the law or the legal [1:18:30] descriptions for both of the properties? [1:18:32] >> Okay. [1:18:34] >> As per the serial number that legal [1:18:36] description. [1:18:38] >> Yes. The parcel number that I'll have. [1:18:40] Yeah. Parcel number or the usually it's [1:18:43] lot five of a certain certain [1:18:44] subdivision with a parcel number. [1:18:46] >> Okay. [1:18:56] And the record should reflect as I have [1:18:58] indicated that I have driven by the [1:19:01] property this morning. I was not with [1:19:03] anyone else but just visually went to [1:19:06] see it so that I was more familiar with [1:19:09] the sighting of the property. [1:19:13] Okay, Mr. Francen. [1:19:16] Okay, a little bit of background to uh [1:19:20] help you put this in perspective, too. [1:19:23] Um, when Mr. Lloyd built his home, there [1:19:28] were a number of issues that he was [1:19:30] faced with. Uh, one was the slope of his [1:19:34] driveway. [1:19:37] And in addition to the two issues that [1:19:41] uh um he's requesting a variance on [1:19:45] uh the the setback for the driveway from [1:19:50] the property line and the um sizing of [1:19:55] the water culvert that runs under the [1:19:59] driveway. [1:20:01] Um, [1:20:02] when it came time for him to get, and [1:20:06] you can correct me when if I mispake [1:20:08] here, the time to get the the occupancy [1:20:12] permit, [1:20:14] uh, a check of the driveway showed that [1:20:17] we exceeded the the slope limit per our [1:20:21] city ordinance. Our ordinance allows the [1:20:26] city council [1:20:28] to give a variance on the driveway slope [1:20:34] and he went to the city council and they [1:20:37] gave a variance to him [1:20:41] >> on the driveway slope. [1:20:43] >> So the variance So the slope exceeds [1:20:47] >> 15%. [1:20:49] >> So did he change the slope? Don't. They [1:20:52] gave him a variance to leave the slope [1:20:55] as it was with there was a condition [1:20:58] there that he do some back stopping [1:21:02] along portions of the driveway. [1:21:05] Um putting mini [1:21:09] what do we call those? [1:21:10] >> Those are the barriers that I saw at the [1:21:12] barriers. [1:21:13] >> They're directly and [1:21:16] >> parallel to the entrance to the garages. [1:21:19] They're back, [1:21:20] >> but but the variance was only for the [1:21:22] top of the driveway between because we [1:21:25] have a lower garage and an upper garage. [1:21:28] >> The variance was only to the upper [1:21:30] section. [1:21:31] >> Yeah, cuz he he complied on the bottom [1:21:33] one, [1:21:33] >> but the back I only saw one driveway or [1:21:37] >> there's only one driveway, but as you go [1:21:39] up, you see one garage from the front, [1:21:41] but if you keep going, there's a garage [1:21:43] on the side stacked on top of each [1:21:45] other. [1:21:46] >> Okay. So, I didn't see that. So, but the [1:21:48] extension into the setback I is what I [1:21:51] saw with where it's been graded up and [1:21:55] um grades been changed and increased [1:21:57] with the the retaining wall system [1:21:59] >> that was required by the city council [1:22:03] and the varian [1:22:04] >> as part of this as part of the slope. [1:22:07] >> Yes. [1:22:08] >> Yep. But the variance was only granted [1:22:12] if the lower half of the garage or lower [1:22:14] half of the driveway could meet [1:22:16] >> could comply so that fire like in the in [1:22:21] the case of an ambulance it could get up [1:22:23] to the lower garage in the case of [1:22:26] emergency. Okay. So, as I understand it, [1:22:29] you're saying from your street level, [1:22:31] the driveway going up to where you turn [1:22:34] on on that part where you have the [1:22:37] retaining wall back in um [1:22:42] that that does that complies and that's [1:22:44] under 15% or that meets the 15%. [1:22:47] >> The bottom half does. Yes. [1:22:49] >> From the that from the most most north [1:22:52] garage [1:22:54] >> closest to the street. [1:22:55] >> Yep. Correct. and your variance only [1:22:57] dealt with the back portion [1:22:59] >> correct that. [1:23:00] >> So I say that as background because it [1:23:03] affects his variance now that he's [1:23:06] requesting for the setback from the [1:23:09] property line. [1:23:10] >> So to do that you had to go elongate the [1:23:13] driveway to get around. [1:23:14] >> In that right [1:23:15] >> that's exactly right. when we we tried [1:23:18] to hit the less than 15% on the lower [1:23:20] half and could not do it without going [1:23:24] into that offset [1:23:28] area that wasn't wasn't allowed. So to [1:23:31] get the lower half under 15% we had to [1:23:34] elongate the driveway into that zone. [1:23:40] » So that's that's what was done. It was [1:23:43] done without city approval, but [1:23:47] >> the whole thing was constructed as is. [1:23:50] Now, when you caught it, was the lower [1:23:53] driveway already constructed? [1:23:55] >> Yes. [1:23:55] >> No. [1:23:57] >> When when the kind when the time came [1:23:59] for your [1:24:01] occupancy permit? [1:24:02] >> Yeah. And it when you caught it, I mean [1:24:04] >> when I caught it was still road base, [1:24:07] but then because of the winter, I [1:24:08] hurried and asphalt it so that it could [1:24:10] be cleared cuz it couldn't be cleared as [1:24:14] it was. [1:24:16] >> So I did asphalt it without permission. [1:24:19] >> Okay. [1:24:19] >> Without the approval. No. [1:24:21] >> So without the grades being approved. [1:24:23] >> Yeah. [1:24:25] >> Okay. The grade [1:24:28] was reviewed before it was asphalted but [1:24:32] not approved because of this issue with [1:24:35] the two angles. Yes. [1:24:41] » So [1:24:43] um he had to extend the driveway out. [1:24:46] >> So did you So did you recontour then? [1:24:50] >> I recontoured before the asphalt. So I [1:24:53] met with the city twice. Chris on site. [1:24:56] I think it was Chris. [1:24:58] And because he was tr we the city's been [1:25:01] very he's the city's been so good to [1:25:04] work with. And so Chris came out and [1:25:06] said, "Let me see what I can do to help [1:25:08] you get within your 15%." [1:25:11] And looking at it, reviewing it with me, [1:25:13] he's like, "There's nothing you can do [1:25:16] to hit your 15% unless you elongate the [1:25:19] driveway. [1:25:25] Okay. [1:25:26] >> So, he took the driveway further to the [1:25:29] left. I just use that instead of north, [1:25:32] south, east, west. As you're facing the [1:25:34] house, [1:25:35] >> the west. [1:25:36] >> Okay. [1:25:37] >> No, it's to the east. [1:25:40] >> Closer. I went further to the east. [1:25:42] >> Mine turned around. Maybe I am turned [1:25:45] facing. [1:25:46] >> But it is to the left if you're looking [1:25:48] from the street. It's to the west. to [1:25:52] the left. [1:25:53] >> East to the left. [1:25:54] >> That's that's the that's the side that [1:25:57] is of issue. Okay. [1:25:59] >> The normal setback is 20 ft a driveway [1:26:01] from the property line [1:26:03] >> and it goes how far in? [1:26:06] >> It goes to like 11 ft [1:26:09] >> 10 ft or so from the property line. [1:26:12] >> Yep. Because as I saw the the driveway [1:26:16] going up, there's a big retaining wall [1:26:18] where I mean where you build up the um [1:26:21] the side and I assume the property line [1:26:24] is somewhere on the other side of that [1:26:27] closer to the other house. [1:26:28] >> Yeah, it's way off of that cuz the lot [1:26:30] comes in at an angle. [1:26:32] >> Okay. [1:26:32] >> So where that retaining wall is and then [1:26:34] it starts to curve. [1:26:37] It's I can show you on this if you'd [1:26:39] like. [1:26:39] >> Okay. Yeah, that would be this looks [1:26:41] like a relatively what I'm looking at is [1:26:45] the um site plan that was marked. [1:26:50] >> Okay, that's the proposed [1:26:52] >> this was the proposed. [1:26:53] >> So the retaining walls that you saw were [1:26:56] right there. So this comes in at an [1:26:59] angle. [1:27:00] So this is Wait, let me turn it how [1:27:05] Okay, here's the house. [1:27:07] Okay. [1:27:08] >> Yeah. Okay. [1:27:10] And so which way is north? [1:27:12] >> This way. [1:27:13] >> Okay. [1:27:16] So when I was talking west here, [1:27:18] this is the retaining wall. [1:27:19] >> Retaining wall. Okay. I thought you were [1:27:20] talking those retaining walls. [1:27:22] >> No, I'm talking about this retaining [1:27:23] wall that is very Yes. [1:27:25] >> That stands out. [1:27:27] >> Yeah. This is This has your 20 ft [1:27:29] needed. [1:27:31] It's this corner right here that we [1:27:34] changed from. Here's the original [1:27:38] that it came. We had our 20 ft here. [1:27:44] » So from this point to that point, but [1:27:47] now we've elongated the bottom of the [1:27:49] driveway that way to hit our 20 our less [1:27:52] than 15% here. [1:27:53] >> Okay. That elongated. I gotten you. And [1:27:56] this one doesn't show, but there's a [1:27:58] Didn't I see a trailer pad with a [1:28:00] trailer back? [1:28:01] >> Yeah. Little [1:28:02] >> behind the utility trailer up here. [1:28:03] >> Yeah. [1:28:04] >> Yep. [1:28:04] >> Okay. But you're saying there's an Will [1:28:07] you show me on the site plan where the [1:28:10] second [1:28:11] >> Yes. [1:28:11] >> one is. [1:28:13] >> So this is their garages are stacked on [1:28:15] top of each other. So the lower garage [1:28:17] you enter from down here [1:28:20] and then the upper garage you keep [1:28:21] driving and you enter on top on the side [1:28:23] here. [1:28:24] >> Okay. I didn't. [1:28:25] >> So the variance that the city council [1:28:28] gave me was from here to here that [1:28:31] because we just don't have the distance [1:28:33] to get the grade needed. So the variance [1:28:37] was issued for that area and we put the guard rails up for this curve that [1:28:42] they were concerned about. [1:28:43] >> So that on this plan the original that ch this is the guardrail you put [1:28:49] up, isn't it? Yep. [1:28:50] >> So this is the guard rail. So this is [1:28:52] the portion where [1:28:55] >> yeah from here down because they could [1:28:58] drive an ambulance up and into this [1:29:00] lower section and then go up the stairs [1:29:03] to the front door [1:29:03] >> and that's where the bottom garage is. [1:29:05] >> And your variance was the slope right [1:29:07] through there. [1:29:08] >> Yep. From Yeah. that corner. [1:29:11] >> Okay. And then you get great [1:29:14] >> and then here you're fine again. It's [1:29:15] just from literally right there to right [1:29:18] there. [1:29:19] And even with the elongation, but you [1:29:22] were given that variance and then the [1:29:23] elongation just made [1:29:25] >> the elongation helped down here, but it [1:29:28] didn't help here cuz here's your pinch. [1:29:31] to get your 15% here. It actually had to [1:29:33] make this steeper [1:29:35] because I couldn't elongate this whole [1:29:37] thing out [1:29:50] question. Um, [1:29:54] obviously Mr. Lloyd, you're you're [1:29:59] an inexperienced builder. [1:30:01] >> Yeah. [1:30:02] >> What happened with your grades being off [1:30:04] so far? [1:30:06] >> Um I sat down with this city originally [1:30:09] and we thought we were all concerned [1:30:10] about it. Um and we thought we barely [1:30:14] had the room to hit the needed 15%. [1:30:20] Um I had two different meetings in here [1:30:22] with [1:30:25] >> Corbett. Corbett and he we both agreed [1:30:29] that it was super close, but we thought [1:30:31] we could do it. And then the house was [1:30:34] placed as drawn and it just didn't work [1:30:37] out like the math and the drawing said [1:30:42] it could. [1:30:43] So, hindsight, I wish we would have [1:30:46] moved the house down, but it's super [1:30:50] tricky because your narrowest portion is [1:30:52] at the front of the lot where your [1:30:55] driveway has to go. [1:30:57] >> So, I don't know if there's any way cuz [1:30:59] I've thought this through in my head a [1:31:01] thousand times. What if I pulled the [1:31:02] house back? What if I move the house [1:31:04] forward? But the problem is it's the [1:31:07] grade at the front. So, I don't know [1:31:08] that in any case it actually fixed it [1:31:11] cuz it you I don't know how you could [1:31:15] have done it and hit the the 15% but [1:31:18] that's [1:31:19] >> other than putting the house bearing it [1:31:22] >> at the at the very bottom. I guess you [1:31:25] could would have been the only [1:31:27] >> taking it straight in but then you've [1:31:29] got that other part right there. So, the [1:31:32] >> it's super steep at the front. So, I [1:31:34] don't know. And it gets I I don't It [1:31:38] doesn't It flattens off a little bit at [1:31:40] the back, but not much. [1:31:44] It's just a really steep lot that's [1:31:45] narrow. [1:31:48] And the math said it worked originally [1:31:50] and it didn't. [1:31:53] It was we thought it, you know, from [1:31:55] that point on. [1:31:58] >> Um [1:32:05] in the comparison there are these dots. [1:32:11] I'm assuming that they're dealing with [1:32:12] the retaining wells. [1:32:14] >> Yes. [1:32:16] >> There those didn't change. Is that [1:32:18] right? [1:32:18] >> Correct. That did not change. [1:32:20] >> That did not change. [1:32:20] >> No. So in comparing the original that [1:32:24] you were permitted with with what the [1:32:27] asbuilt [1:32:29] um [1:32:30] the only difference then is that as [1:32:34] was dealing with this steepness in the [1:32:36] variation right in this in the corner [1:32:38] right by that would be the north [1:32:41] west side of your house. [1:32:43] >> Yep. [1:32:46] It [1:32:46] >> was just that part. It's [1:32:48] >> that part. Okay. [1:32:55] But [1:32:57] >> if we wouldn't have elongated it here, [1:33:00] then we wouldn't have hit our 15% here [1:33:03] either because you didn't have enough [1:33:04] room. [1:33:07] >> Well, even if you um the lot the lot is [1:33:11] not a traditional well a rectangle. It's [1:33:15] >> correct. [1:33:15] >> A little bit [1:33:16] >> pie shaped a little bit of a pie because [1:33:18] it's a The circle [1:33:20] >> is is a little bit wider [1:33:23] >> in the back, but not a great deal. What? [1:33:25] Maybe 10 ft difference or less. [1:33:28] >> Well, with the ankle, I actually think [1:33:29] it's like 50 ft or [1:33:31] >> No, I mean from here to here. [1:33:32] >> Oh, [1:33:33] >> that if you can that [1:33:35] >> Yeah, that's 20 ft from there to there. [1:33:37] So, yeah, maybe [1:33:39] 15 10 to 15t. [1:33:42] >> Yeah. So, it's it's [1:33:43] >> in like the extreme end maybe 20. And [1:33:48] >> how how how wide is your lot? Okay. Can [1:33:52] you tell? I can [1:33:55] >> see if you guys can see it. [1:33:58] >> Your eyes may be better. [1:33:59] >> 124 ft.96. [1:34:03] » Yep. And it's 139 ft at the back. [1:34:07] >> Okay. So, it picks up 50. [1:34:08] >> Yep. [1:34:09] >> In width. It's getting there. One side [1:34:12] or the other. And the other side looks [1:34:13] like it [1:34:15] is just as steep or was [1:34:17] >> Yeah, the whole lot is just super steep. [1:34:21] >> Now are these changes in the grade that [1:34:23] change your these are the afterbuilt [1:34:26] >> not the original grades, right? [1:34:28] >> This is okay. [1:34:29] >> Yep. The original grades are pretty I [1:34:32] mean through here this is all we haven't [1:34:34] touched any of this. [1:34:36] had to be brought up. This is more [1:34:40] flat originally, but had to be built up [1:34:43] like 7 8 ft there for the driveway. But [1:34:46] this is stayed all natural. That's the [1:34:48] existing trees [1:34:49] >> cuz it looks like it was maybe 10 ft up [1:34:51] above. I mean, your proper at the where that wall ends. [1:34:57] >> It looks like it's up maybe [1:35:00] >> it's two layers of four. So 8 ft high. [1:35:02] >> 8 ft. 8 ft high. That sits at [1:35:05] >> correct. [1:35:06] >> Okay. [1:35:08] Um I [1:35:11] Okay, tell me about the covert. [1:35:13] >> Okay, so the covert we have utility [1:35:17] running right through right in the [1:35:19] middle of the ditch down here is for the [1:35:23] um fiber cable. It's actually in the [1:35:26] ditch. Um [1:35:27] >> the ditch the ditch right in front of [1:35:29] your property [1:35:32] that I saw. [1:35:33] >> Correct. It's [1:35:34] >> is not ditched. It was had stuff in it, [1:35:37] but it was more of a ditch to the east. [1:35:42] >> Yeah. There's a section here, but this [1:35:44] is cover from like right here to right [1:35:46] here. [1:35:46] >> Okay. [1:35:47] >> And then it turns into a ditch the rest [1:35:48] of [1:35:49] >> it. Goes back into some of it under [1:35:51] snow. [1:35:51] >> Correct. And this section right over [1:35:53] here, there's a box for the fiber cable [1:35:56] that runs into the culde-sac that's [1:35:58] super shallow. [1:36:00] So when we were going to place that [1:36:02] covert, we were right over top of that [1:36:04] fiber line. And so me being I I mean I [1:36:09] should have stopped at that point, [1:36:11] right? But um and and I I take [1:36:15] accountability and if I have to rip it [1:36:17] out, it's it's on me. But at the same [1:36:20] time, I don't I don't want to cut into [1:36:22] that fiber utility because I have to pay [1:36:25] for it if I cut into it, right? because [1:36:28] Blue Stake has been out there and marked [1:36:29] it and is right where I'm digging. And [1:36:32] so [1:36:34] this fiber line runs underneath there [1:36:36] and I'm at the back of the culde-sac and [1:36:38] I'm doing the math. I'm like, "Oh, I can [1:36:40] get a 12 in." [1:36:43] >> Yeah, but you said you were going to put [1:36:45] a 15 in. [1:36:46] >> Correct. So, I had to go 3 in smaller in [1:36:48] order to not hit that fiber line. [1:36:50] >> Except my understanding is you went from [1:36:52] a 15 to a 10, not a 12. We went out and [1:36:55] measured it and he said it was a 10. [1:36:58] >> It is a 10 and 12 on the outside, 10 on [1:37:01] the inside. [1:37:01] >> Okay, let me let me just follow up. [1:37:03] Wayne is my from reading the culvert was [1:37:09] not only not the 15, but it was not the [1:37:13] minimum 12 that would be required. [1:37:15] >> That's what Ted indicated. [1:37:17] >> Is that that's my understanding? Okay. [1:37:20] We had drawn a 15 originally. [1:37:24] The the code does allow us to have a 12. [1:37:27] >> Okay. And you got 10. [1:37:28] >> And we had we I did a 10. [1:37:31] >> Yep. [1:37:33] >> And you're saying you did the 10 to [1:37:34] preserve the fiber optic. [1:37:36] >> Correct. [1:37:37] and in and and this is can be in my [1:37:41] wrong thinking, but sitting at the back [1:37:44] of the culde-sac and talking with my [1:37:47] neighbors, there's no water ever in the [1:37:49] ditch. In fact, if you look at the [1:37:52] ditches around my house, they're not [1:37:53] even ditches. In fact, talking to the [1:37:55] Urkin Bracks that are right across the [1:37:57] street, [1:37:58] there is literally no ditch [1:38:01] around. Like we reshaped the ditches [1:38:04] around my house, but if you look at the [1:38:08] rest of the area that there are no [1:38:09] ditches there and there's no water that [1:38:11] runs there cuz we're at the top of the [1:38:13] culde-sac. Now, as you get down on these [1:38:15] roads, these ditches, I notice there's [1:38:18] always water in them in a rainstorm [1:38:20] because it's collecting water from the [1:38:22] streets around, but I'm at the top of [1:38:24] the culde-sac and there is nothing ever [1:38:27] there. And I cleaned mine out last week [1:38:30] and there were some leaves that had [1:38:31] gathered and the snow plows hit this [1:38:34] corner and they drug all the dirt and [1:38:37] rock when they cleared the snow the four [1:38:39] times we had to clear snow this year and [1:38:41] buried this ditch again. And last [1:38:43] weekend I dug it back out cuz I wanted [1:38:45] to have it looking nice for you to look [1:38:47] at to kind of see. [1:38:48] >> We knew I'd come [1:38:49] >> right and we didn't anticipate the snow [1:38:52] that we still need. So it is what it is. [1:38:54] But in my mind, I'm like, "Okay, there's [1:38:57] no water that runs in this ditch, but [1:39:01] let's get as big of a covert as I can." [1:39:03] And that's where my failure is, right? [1:39:05] Is and I I understand it's my failure. [1:39:09] So, [1:39:11] >> and let me tell you, I just came from [1:39:13] the Northshore and Kawaii, [1:39:15] >> okay? [1:39:16] >> I haven't I don't go there frequently, [1:39:19] but I was there 5 years ago. I saw [1:39:21] streams and ditches that I had never [1:39:24] noticed before because they're [1:39:25] overflowing. [1:39:26] >> Yes. [1:39:26] >> Because of this unusual rain. [1:39:28] >> Yeah. [1:39:29] >> And obviously your drainage is the [1:39:33] general plan for the drainage is a [1:39:35] minimum of 12. [1:39:36] >> Yes. I have a tough time [1:39:39] dealing with that even because you're on [1:39:43] a steep lot which means that the [1:39:45] property you know storm water and drain [1:39:48] with that going on is going to come down [1:39:50] steeper. [1:39:52] >> It doesn't collect there though. [1:39:54] >> Well, you're in a drought. We've been in [1:39:57] unusual drought and I just [1:40:00] >> I totally get your point. Could there be [1:40:02] a series of storms that [1:40:06] do [1:40:08] that could require that? I guess there [1:40:10] could in talking to my neighbors, they [1:40:12] haven't seen it in the 20 years, [1:40:14] >> right? And but I totally get there [1:40:16] that's only 20 years. Yes. [1:40:18] >> Right. Um, I would say the math if my [1:40:22] neighbors at the bottom of the culde-sac [1:40:24] that are four houses down that are [1:40:26] collecting water from eight properties, [1:40:29] if their minimum is a 12-in cover, that [1:40:33] the math would say the me at the very [1:40:35] top, the minimum should not be the same [1:40:38] because I'm only collecting water from [1:40:41] two lots, not all the culde-sac. And the [1:40:44] 12-in minimum is the entire culde-sac. [1:40:48] But I totally understand and I'm not [1:40:50] going to die on that hill. If I have to [1:40:52] tear up the bottom to make people happy, [1:40:55] then I will tear it up. I don't think [1:40:57] it's needed and I might hit the [1:41:00] utilities, which will cost me a lot of [1:41:02] money to hit utilities I don't want to [1:41:05] hit, but I plan on living the rest of my [1:41:08] life in Woodland Hills, and I'm not [1:41:09] going to die on the hill of a 12-in [1:41:11] covert versus a 10- in. You know, Wayne [1:41:14] is a neighbor of mine. I care about the [1:41:16] people I live by, too. And that's why I [1:41:19] did talk to neighbors and [1:41:22] >> ask people that had lived here longer [1:41:24] than me. But I totally get your side. I understand it. [1:41:33] I mean that I I haven't I mean your [1:41:37] property [1:41:39] where the where the culvert is there's [1:41:41] nothing unusual going around with with [1:41:44] where the culvert is. You're just saying [1:41:46] that the culvert was came was came after [1:41:49] the fiber. [1:41:50] >> Um [1:41:51] >> yeah. So the fiber runs right underneath [1:41:55] that area. Well, that's the ement where [1:41:57] it's supposed to be, right? Is is [1:41:59] >> Well, we [1:42:01] we've had some issues with this Comcast [1:42:04] who came around and was doing [1:42:07] >> um [1:42:09] >> the fiber And is that the one you're [1:42:13] talking about, Aaron, or are you talking [1:42:15] about Utopia when they [1:42:16] >> I think it was Utopia [1:42:17] >> where they buried their first ones. [1:42:20] >> Comcast came through last fall and dug [1:42:23] and drilled. Comcast has not buried [1:42:25] their cable the way they should have. [1:42:27] They're they're [1:42:28] >> But that's not this cable. [1:42:29] >> No, but I wasn't sure. [1:42:31] >> They drilled that after this cover was [1:42:33] put in. They drilled it last fall. Okay. [1:42:35] >> I don't know where that is cuz they just [1:42:37] they drilled it after it was done. [1:42:39] >> They a lot of places didn't go deep [1:42:41] enough. [1:42:42] >> Utopia wasn't deep either. [1:42:44] >> And so the Utopia was one cable that was [1:42:47] laid probably 10 years ago or or so. But [1:42:51] you're connecting into a a ditch that's [1:42:55] been there longer, right? [1:42:58] >> Um, no. I had to create that ditch when [1:43:00] we moved in. [1:43:02] >> When the when the streets are made, [1:43:05] doesn't [1:43:06] >> Yes. And this is what happens often [1:43:09] times with time. Those ditches [1:43:13] deteriorate. [1:43:14] the um people often times are pulling [1:43:18] off to the side of the road and destroy [1:43:21] the ditches. So, it's not unusual for a [1:43:25] homeowner or a new homeowner to come and find a ditch is really not a ditch [1:43:34] in front of their home. It's been it's [1:43:36] just because it's wear and tear and [1:43:39] deteriorated snow plows uh pushing snow [1:43:42] into it and sometimes [1:43:45] um not destroying the ditch but but [1:43:48] making it uh disrepair and so forth. [1:43:53] >> So in Woodland Hills it's the [1:43:55] responsibility of the property owner to [1:43:58] maintain the ditch. [1:43:59] >> It is okay. [1:44:02] Unless the city is the one doing the [1:44:04] damage to it, then [1:44:06] >> the city will [1:44:07] >> or whoever is working in the ditch or [1:44:08] using these. [1:44:09] >> Yeah. [1:44:10] >> And I when I did the ditch, [1:44:13] um I mean it the ditch has to go around [1:44:16] that box, that utility box, and I dug to [1:44:19] the bottom of the utility box. I dug it [1:44:21] as deep as I could to, you know, make it [1:44:24] a good ditch. But it is as deep as it [1:44:27] can go. And it does comply with a 12 [1:44:29] inch deep [1:44:31] needed ditch in that area. But [1:44:34] >> no, you're that's not what I understand. [1:44:38] >> I'm not sure of the deepness of the [1:44:40] ditches. I I can't remember what the [1:44:43] should be. [1:44:46] >> It's it's a critical thing to me. So you [1:44:49] proposed a 15-in ditch mean. [1:44:54] >> You didn't build that. The ordinance [1:44:56] would have required a 12 inch. [1:44:59] Still requires a 12 inch. [1:45:01] >> Correct. [1:45:02] >> And you put in a 10 inch. [1:45:04] >> Correct. [1:45:05] >> But we we would have [1:45:08] required the 15 inch, but the site plan [1:45:11] showed [1:45:12] even though our ordinance said 12 [1:45:15] because [1:45:15] >> we have looked at that as a a change. [1:45:19] And it's very likely that if Aaron [1:45:24] contacted the city and asked him about [1:45:26] that, we would have told him a 15-in [1:45:28] culvert goes there. And that may have [1:45:30] been why he put then on the site plan a [1:45:34] 15 in. [1:45:35] >> You're saying it's good and that's what [1:45:36] the city was happy with. The 15-in. [1:45:39] >> Yes. Yep. Correct. I [1:45:40] >> I I understand that it was it may not [1:45:42] have been more it may was maybe more [1:45:44] than minimum, but still appropriate for [1:45:47] collecting the water off of the site. [1:45:49] question I have is he's just said that [1:45:52] he put the 10 inch down where the 12 [1:45:55] inch [1:45:57] >> the 10 in is 12 in. [1:46:01] >> 12 is 14 or something. [1:46:03] >> Uh 12 is 14. It it gets to a point where [1:46:07] it's the get thicker but yeah. [1:46:09] >> Okay. [1:46:10] >> Correct. So [1:46:12] the only because [1:46:15] going there and looking at it, it [1:46:17] appears that there weren't there should [1:46:19] be no problems with him strictly [1:46:21] complying [1:46:23] by putting it in. [1:46:24] >> If he'd have put a 12 1/2 in cover in [1:46:26] there, we wouldn't be here today on that [1:46:29] matter because that's what the [1:46:32] >> the code would require. color require [1:46:36] >> and and I did not to tell you how tight [1:46:39] everything was. I actually did not get [1:46:43] any subgrade underneath my asphalt at [1:46:47] the cover. The asphalt is sitting right [1:46:49] on the covert in that small section the [1:46:53] top of the circle because I couldn't go [1:46:56] any further. Like there is no you should [1:46:59] have like four inches of rope bas or 4 [1:47:02] inch over. [1:47:02] >> I could not even do that. So I have a [1:47:05] problem where at some point it's [1:47:06] probably the asphalt's going to crack [1:47:08] but I could not even get because [1:47:11] the driveway the base of the driveway [1:47:14] you can't be 15%. [1:47:16] It has to there's a section there where [1:47:18] it has to be lower so the snow plows [1:47:21] don't hit it. And so it has to be lower [1:47:25] and so I could not go any higher and and [1:47:31] I would be out of compliance on the [1:47:32] angle of the driveway. So I had to hit [1:47:34] that I think it's 7% in the first 10 ft [1:47:37] or something like that. [1:47:38] >> Yeah. You hit it. [1:47:39] >> I hit it. But what required to hit it [1:47:42] was a 10-in cover and sitting right the [1:47:46] asphalt sitting on the cover [1:47:49] because of that fiber line that runs [1:47:51] underneath it is so shallow. [1:47:54] >> There is something [1:47:54] >> that's the only reason why I couldn't [1:47:56] hit it is cuz that fiber line and if I [1:47:58] would have hit the fiber line, cut the [1:48:00] fiber line, yes, I could have hit it. [1:48:03] But then I'm in now I'm paying Utopia [1:48:07] thousands of dollars because I hid their [1:48:09] >> Why is the fiber line [1:48:12] where the cover ought to be? [1:48:15] >> Cuz they're both in the same ement. [1:48:19] » I don't know. [1:48:21] >> Shouldn't be right. [1:48:22] >> No, it shouldn't. Where should the where [1:48:24] should the [1:48:25] >> should be off to the side still in the [1:48:27] right ofway the fiber line but it it [1:48:31] shouldn't be in an area where a ditch is designated [1:48:37] to be [1:48:41] » I wonder we have [1:48:44] the fiber companies come in and kind of [1:48:46] do what they please. [1:48:48] Uh [1:48:49] >> that should create more work for you. [1:48:50] >> It does. [1:48:52] And they and they pay you for it. [1:48:55] >> Uh yeah, [1:48:57] >> they do. [1:48:58] >> Yeah. [1:48:59] >> So, um is that is it in a pro? But is [1:49:04] that going to be the case? [1:49:06] The problem that's going to be created [1:49:08] as I see it and from hearing Aaron is if [1:49:13] he takes that out and puts a 15 in or [1:49:16] even a 12 1/2 inch culver [1:49:19] then [1:49:21] he's going to he's not going to be able [1:49:24] to meet that um that 7% if that's what [1:49:28] it is and it's somewhere in that area of [1:49:32] downs slope to prevent and snow plows [1:49:37] from [1:49:40] hitting that and it'll even it'll make [1:49:43] it worse. [1:49:47] » So, [1:49:49] if he complies, [1:49:52] he's got to remove the fiber optics that [1:49:55] are in the wrong place. [1:49:59] Well, we'd have to have a fiber company [1:50:01] come out and probably do that because it [1:50:04] they'll probably need to be cut and [1:50:06] moved [1:50:08] and that takes expertise to do that. [1:50:11] >> But [1:50:12] >> because there's not enough give in that [1:50:14] line. [1:50:14] >> I know. Okay. But let me ask Okay, let [1:50:17] me go through that scenario. You're [1:50:19] saying the property the problem was [1:50:21] called caused by the fiber octave lines [1:50:24] being in the wrong place. [1:50:28] the city could require the fiber optics [1:50:31] to come in and to move it and to get it [1:50:33] in the right place. Correct. [1:50:37] >> You'd think yes. [1:50:42] Sometimes they're not very cooperative. [1:50:44] >> Well, [1:50:46] >> but yes, they didn't do what they were [1:50:48] supposed to do. [1:50:49] >> So, it seems to me that you create two [1:50:51] problems and he's kind of in the middle [1:50:52] of a rock and a hard spot. You either [1:50:54] solve your drainage problem by having a [1:50:57] culvert that's required in the code, [1:51:00] which he said he was going to do and [1:51:02] which he didn't do because of the [1:51:04] problem caused by the fiber optics. So [1:51:06] you got a 10-in line up there for a [1:51:08] drain surface drainage that feed that [1:51:11] should be 12 [1:51:14] and he can't put in the 12 without the [1:51:17] fiber optic coming out. Is that fair [1:51:21] analysis? [1:51:23] So, either you screw your drainage or [1:51:24] you screw your street. [1:51:28] >> What's [1:51:28] >> And now we have the new I don't know. I [1:51:32] do know that they drilled underneath and [1:51:35] ran the new line [1:51:37] >> underneath the culvert. [1:51:38] >> Well, but I don't know how far they ran [1:51:40] it underneath it. [1:51:41] >> Did they go underneath the cover or just [1:51:43] So, you're saying the culver is the [1:51:45] surface paving is just right on top of [1:51:47] the cover. [1:51:48] >> So, they had to go down. [1:51:50] >> They had to go down. I don't know how [1:51:52] far they went down. The new company that [1:51:53] came in last fall. [1:51:54] >> That's Comcast. [1:51:55] >> Comcast. So, I don't know where that is. [1:51:57] But that's underneath there now as well [1:52:01] cuz they go in that same area. I wish I [1:52:04] had a picture of that. But [1:52:06] >> why aren't they in the same line? Cuz [1:52:08] they don't have to be, right? I guess [1:52:10] >> they're different companies. [1:52:11] >> Well, I know they're different [1:52:12] companies, but [1:52:13] >> yeah, they do their own. Yeah, they I [1:52:16] mean it's one fiber, [1:52:16] >> but they have But your problem [1:52:20] seems to me is that in order to get your [1:52:23] drainage, you've got to He can't solve [1:52:26] the problem with the fiber optics. City [1:52:29] can [1:52:30] by requiring them if they're in the [1:52:31] wrong place. [1:52:37] So [1:52:39] which which hazard is more [1:52:44] or it seems to me that the surface [1:52:46] drainage is almost more important to [1:52:49] carry the load that you think that it's [1:52:50] going to carry or that you're building [1:52:53] for. [1:52:56] >> I I don't think so. You don't pick up at [1:52:59] the top of the culde-sacs. [1:53:01] >> You're picking up everything from [1:53:03] everything that's uphill above you. [1:53:05] >> And there's nothing uphill. I'm at the [1:53:06] end of a culde-sac. [1:53:07] >> You're at the end of this culde-sac, but [1:53:09] behind you there's property and there [1:53:11] are other houses up uphill from you, [1:53:14] >> but they've got their own [1:53:15] >> They have their own drainage, [1:53:17] >> drenches, trench ditches, and [1:53:19] >> you're on a mountain side that all the [1:53:21] reason why none of it hits the ditch is [1:53:23] because it's all trees. It doesn't [1:53:26] >> So, what's what's east of what's back [1:53:29] behind you? Isn't there another house? [1:53:31] Aren't there other houses and other lots [1:53:33] that [1:53:35] >> There's two houses in the culde-sac. [1:53:37] >> No, I saw your houses around the [1:53:38] culde-sac. I'm saying [1:53:40] >> south. Yeah, I'm saying you're ups [1:53:42] slope. What's up slope above you? [1:53:45] >> There's one road above there. [1:53:47] >> Rid your circle, isn't it? [1:53:48] >> No, he's [1:53:50] circle. What? The one that loops around. [1:53:53] I'm not sure what road that is. [1:54:01] But I don't think the drainage is the [1:54:03] issue. [1:54:04] >> Each kind of each culac takes care of [1:54:06] its own [1:54:08] or each street takes care of its own [1:54:11] drainage. That's that's what it's [1:54:13] designed. [1:54:13] >> Well, but realistically, you're going [1:54:15] to, [1:54:17] you know, unfortunately gravity says [1:54:20] otherwise. You're gonna take care of [1:54:22] everything that's uphill from you [1:54:24] because it's not going to drain the [1:54:26] other way until you get up to a slope [1:54:27] and goes the other way. [1:54:28] >> There's no way to collect that in order [1:54:30] to [1:54:31] >> No, it'll come down and it's going to [1:54:32] come down [1:54:33] >> in a mudslide. [1:54:35] >> It's going to come down. It's going to [1:54:37] come down yours now very steep sides [1:54:41] um to get to a culvert where it's [1:54:43] supposed to be taken away. [1:54:45] >> And some of that is okay. Our ordinance [1:54:48] says that you can't in building a home, [1:54:52] you can't create more of a runoff than [1:54:55] you had before on that lot. In other [1:54:59] words, by putting in a driveway and [1:55:01] other [1:55:02] >> cement things around there. You've got [1:55:05] to retain that some way on your lot. [1:55:08] >> This one doesn't retain anything and we [1:55:10] don't know what happens uphill, [1:55:13] >> but that's what our ordinance says. [1:55:15] >> Okay. And you [1:55:18] I don't think at the top of the [1:55:20] >> calculated the [1:55:22] engineers [1:55:23] >> engineers calculated the 15 a 15 inch [1:55:26] was what was [1:55:27] >> and they [1:55:27] >> no a 12 in minimum 12 in in a culdeac [1:55:30] >> no wait a minute wait a minute wait a [1:55:31] minute the ordinance requires 12 but I'm [1:55:34] saying who you said somebody did [1:55:37] calculations for this site plan to [1:55:39] determine [1:55:40] >> we found that 12 in is not sufficient [1:55:43] >> because itauses messed up. [1:55:47] So that's why we tell everybody 15in [1:55:49] culvert even though the ordinance may [1:55:52] say 12 or 12 in. Now if they put a 12-in [1:55:56] culbert in per ordinance and and don't [1:56:00] have any interaction with us, fine. [1:56:02] That's what the ordinance calls for and [1:56:05] they comply. But when they ask, we say, [1:56:08] >> don't they always have to ask? you you [1:56:10] kind of control building codes and [1:56:13] driveways and culverts. [1:56:17] » Well, at the end of the construction, [1:56:20] that's that's when that's getting done. [1:56:23] And and we do. And like Erin said, [1:56:26] there's a there's an overburden [1:56:28] required, three or 4 inch overburden [1:56:30] required on those kinds of culverts [1:56:33] >> to protect the cover. [1:56:34] >> Yes. And sometimes that doesn't even [1:56:39] >> because there's so many building in a m [1:56:42] on a mountain side has so many different [1:56:45] nuances. [1:56:47] Um as somebody that has lived in that [1:56:50] home for a year and a half. Um [1:56:53] I can tell you that the most critical [1:56:55] one is the slope of the driveway to for [1:56:58] safety. [1:56:59] >> I don't disagree with that. [1:57:01] >> So that would that's the first thing to [1:57:02] make sure is right. And I think every [1:57:04] yeah, everybody agrees there. [1:57:06] >> And I I don't have a problem with I see [1:57:09] that there are because of the not that [1:57:12] your your property is similar to the [1:57:14] others in the sense that you've got [1:57:15] steep slopes. [1:57:16] >> Yeah. [1:57:17] >> Getting back. So that the variance I [1:57:19] don't have a problem with. I can see [1:57:21] that that [1:57:23] while I think you should have gotten it [1:57:25] permitted and done the correct way the [1:57:27] first time. [1:57:28] >> Yeah. [1:57:28] >> And I appreciate the fact that you're a [1:57:30] solve the problem guy, but sometimes you [1:57:33] need to [1:57:34] >> Yeah. [1:57:35] >> to get approval instead of asking for [1:57:37] permission. [1:57:38] >> Yeah. [1:57:38] >> Um which it seems to me the implication [1:57:42] is what is the impact is is on the um [1:57:48] the drainage [1:57:52] a thought. [1:57:54] If the city can get Utopia to come out [1:57:59] and relocate that line or bury it [1:58:01] deeper, [1:58:04] would you be okay then with putting in [1:58:07] the 15-in or potentially 12 1/2 in [1:58:11] culvert? If we get them to come out and [1:58:14] do that work, [1:58:15] >> Yeah. it just when they do it, they're [1:58:17] going to tear up that whole thing. Well, [1:58:19] they they will they'll have but you'd [1:58:22] want it torn out if you're going to [1:58:23] replace in a culvert. It won't make much [1:58:25] difference that way. [1:58:26] >> The difference is when I tear it out, [1:58:29] they won't like they I mean they're [1:58:31] contracted employees that'll come and [1:58:34] tear I mean [1:58:36] I don't know. We we know the difference [1:58:39] of somebody carefully tearing it out [1:58:41] versus somebody who doesn't. [1:58:44] That would be my concern is if they do [1:58:46] that it they just tear up that whole [1:58:48] front which creates a bigger problem. [1:58:51] That's typically what happens. But [1:58:54] >> I just throwing [1:58:56] >> throwing an idea out here. [1:58:57] >> I mean that would be that would be the [1:59:00] only way in my that I could see to do [1:59:03] it. I don't think that it's necessary. [1:59:08] But if you guys feel that it is then [1:59:10] that's how it would have to be solved. [1:59:11] And and that's another issue, too. [1:59:13] >> Yeah. [1:59:14] >> Erin, uh, and I understand that is is a [1:59:18] 12-in culvert. It may not be ideal, but [1:59:22] will it work? [1:59:25] >> Yeah. [1:59:25] >> Well, I don't know. I that's not that's out of [1:59:30] my wheelhouse. an engineer would and and [1:59:34] there'd need to be an assessment as a [1:59:37] further review to see if if uh if 10-in [1:59:42] culvert beef would be okay there. Again, [1:59:45] maybe not ideal, but acceptable. [1:59:51] » Maybe that's something I have to do is [1:59:53] have an engineer come and look at it. [1:59:59] Um [2:00:02] to me to me the circumstance in this one [2:00:05] is that [2:00:07] it's the unusual circumstance is that [2:00:10] the your inability to strictly comply [2:00:13] was not you're doing is the city's in [2:00:16] the the improper placement of the [2:00:18] existing facil the existing fiber optics [2:00:21] and you don't have any control over [2:00:23] that. Um, however, if the city if the [2:00:28] city [2:00:30] gets the gets that corrected, [2:00:34] then [2:00:35] is 12 months adequate or it needs to be [2:00:38] 6 months? [2:00:39] >> It should be this year. [2:00:41] >> No, I'm just saying if you get the city, [2:00:43] if the city gets that done, [2:00:46] >> then you would have and they give you [2:00:48] notice that you've got six months. [2:00:51] >> I think it would have to be all done at [2:00:53] the same time. [2:00:54] depending on how [2:00:55] >> you want it done because if he's got to [2:00:56] if they come in tear that out, he's [2:00:59] going to want to get it replaced pretty [2:01:00] soon. [2:01:01] >> And the other six months is next winter. [2:01:04] So really, it's we get it done between [2:01:07] now and October or else we don't get it [2:01:10] done right this year. [2:01:13] >> And I I can't imagine not us not being [2:01:15] able to get Utopia out here, [2:01:17] >> right? [2:01:18] >> You know, within a month or 60 days or [2:01:20] whatever. Now, if Utopia can drill it [2:01:22] down that way, they don't, then it would [2:01:25] be way more beneficial cuz then they [2:01:28] aren't tearing everything up. They may [2:01:30] want to they may want to under drill it [2:01:32] anyway. But they're going to they're not [2:01:35] just going to tear up the the covert [2:01:40] whereas the covert is. They'll tear up [2:01:41] that whole ditch and doing that cuz the [2:01:45] their box is halfway down. It's like 50 [2:01:48] feet from the driveway in the ditch. So, [2:01:52] they'll tear up all that. [2:01:54] So, it's not going to be it's it's a big [2:01:57] job, [2:01:59] but it it's the reality of it, right? [2:02:03] If it was right next to the driveway, I [2:02:05] think you could do it cleaner, but it's [2:02:06] all the way down on the west side of the [2:02:08] lot. [2:02:10] So, yeah. [2:02:23] Um, let me let me just [2:02:24] >> Yeah, there's some [2:02:26] >> Okay, [2:02:26] >> another added moving parts here that [2:02:30] >> well become part of the equation. [2:02:32] >> They have um and so at this point I [2:02:38] the ground the ground doesn't justify [2:02:40] it. What justifies in your situation is [2:02:44] I mean you saw the slope and and I'm not [2:02:46] talking about the slope now. I'm just [2:02:48] talking about the culvert. [2:02:49] >> Um because the culvert impacts you know [2:02:51] the drainage system for the whole street [2:02:53] and and property north of you. And so [2:02:58] but you can't solve it. [2:03:01] >> And so if [2:03:04] I'm going to give you I'm not going to [2:03:06] I'm going to give you how can we can we [2:03:09] put it [2:03:12] I don't know that a temporary [2:03:15] variance is what we're talking about [2:03:16] because if they can solve the problem, I [2:03:19] want you to solve the problem. [2:03:21] >> Yeah. [2:03:23] >> So, I'm not sure that I'm I don't So, [2:03:26] I'm not granting a variance in the sense [2:03:27] that [2:03:29] you know that it's okay, but it's a I [2:03:32] guess a conditional variance. We'll call [2:03:35] it a conditional variance. [2:03:37] And it is conditioned that it can stay [2:03:40] that way unless the city can [2:03:45] get the um fiber optics [2:03:49] to be replaced that would allow the [2:03:53] installation of the appropriate cover. [2:03:56] Um, and then if that happens, then you [2:03:59] get the you need get from him an [2:04:02] engineer drawing for that site plan of [2:04:04] whether to determine whether it's the [2:04:06] 12-in minimum now or the 15in that was [2:04:10] proposed. [2:04:11] >> Okay. [2:04:13] >> Does that [2:04:16] make sense? [2:04:18] because I think in your particular case [2:04:21] it's the fiber optics [2:04:24] and you can't solve it but they can but [2:04:27] they're in the wrong place. if the if [2:04:29] they were in the right place and that [2:04:30] was the only thing then I don't think I [2:04:33] could go there but [2:04:36] um [2:04:36] >> I mean I don't know because you only [2:04:39] have a 10-ft I mean I don't know that [2:04:42] they're in the wrong place but I don't [2:04:44] because you have in that easement you [2:04:47] already have gas which we hit the gas [2:04:50] line when I did that because they had a [2:04:53] gas line that wasn't marked correctly [2:04:56] that you have power and you have fiber [2:05:01] and now you have another fiber line and [2:05:03] you cannot have your power and gas have [2:05:06] to be so far from each other and your [2:05:09] gas and your fiber have to be so far [2:05:11] from each other because they interfere [2:05:13] with one another. So I don't know in [2:05:15] that 10 or 12t I can't remember if it's [2:05:18] 10 or 12t eastma but [2:05:19] >> it's probably 12t. So in that case, like [2:05:24] you only have [2:05:26] so much space. You can't put it in that [2:05:28] whole 12T section cuz you have to [2:05:30] accommodate gas and you can't [2:05:31] accommodate power. So I'm not 100% sure [2:05:36] that fiber is in the wrong spot. It may [2:05:39] have been where they could run it, but [2:05:41] it is in the wrong spot for putting in [2:05:44] that culvert for sure. But I'm just [2:05:46] saying that if a fiber company comes out [2:05:50] like and you tell them to move it 12 [2:05:52] inches down and they hit the gas line [2:05:56] cuz it's in that exact same location cuz [2:05:59] I hit the gas line [2:06:02] and it wasn't marked that way. It wasn't [2:06:04] supposed to be that way. But because the [2:06:06] gas line was put in so long ago, they [2:06:08] didn't have their paperwork right. And [2:06:09] so I didn't even though I called in blue [2:06:12] stakes and they marked it. It wasn't [2:06:14] marked there and I hit it cuz it was an [2:06:17] old line. I'm just saying that I don't [2:06:20] know why that fiber is there. If there's [2:06:23] a reason why, but it is in the way of [2:06:25] the covert, but there are so many other [2:06:28] utilities running in there. I don't know [2:06:31] where they're going to run it, but it is [2:06:32] worth a phone call to say, can you guys [2:06:35] move this? Like I don't know. Yeah. [2:06:37] Well, it seems from [2:06:41] my perspective [2:06:44] that [2:06:47] to require him [2:06:50] to put in [2:06:52] to replace the existing 10 with another [2:06:54] 12 increases his slope and screws up the [2:06:58] street. Is that fair? I mean, if he [2:07:02] doesn't change and go down farther, if [2:07:04] you took out what's there, and put in [2:07:06] what was supposed to be there, the 15, [2:07:08] that's going to raise you what, three to [2:07:10] five inches of [2:07:11] >> 5 in with the extra stuff. That's going [2:07:16] to screw up [2:07:19] street and the driveway. [2:07:22] >> Yeah. The other issues with the snow [2:07:24] plowing [2:07:25] >> and the snow plowing [2:07:28] and that would raise it. and so that he [2:07:32] doesn't have the ability to go lower [2:07:33] unless you guys figure out what the [2:07:36] problems are to solve. But if you solve [2:07:39] that, then I think he's got to [2:07:42] comply and do it. So, does that sound [2:07:46] like a conditional variance? And if they [2:07:47] sit on it, you get to sit on yours. And [2:07:50] if they don't sit on it, you're going to [2:07:51] have to act. [2:07:53] >> Okay. Yeah. I mean, [2:07:55] >> and then I think [2:07:59] we need to look at a economy of scale [2:08:03] too. Is that something that the city [2:08:06] >> wants to move forward with or just leave [2:08:09] it as it is? Is it [2:08:13] >> that well [2:08:14] >> worth? [2:08:15] >> And that's what I'm saying is it's [2:08:16] conditional. If they're not willing to [2:08:18] solve the problem that you can't solve [2:08:21] in light of the impact on the general [2:08:24] public, [2:08:25] then [2:08:27] you get the conditional variance. But if [2:08:30] they solve a problem [2:08:33] that should have been problem solved had [2:08:36] you not solved a problem on your own, [2:08:38] then um [2:08:40] >> Yeah, makes sense. [2:08:42] >> Yeah, I think that's fair. [2:08:43] >> Yeah. And I I mean I can only speak for [2:08:47] the time the couple years that I've been [2:08:49] up here and worked with the city. You [2:08:51] guys are great to work with. So [2:08:54] >> yeah. [2:08:54] >> Well, and you should say that whether or [2:08:56] not that's true or not, but I'm assuming [2:08:58] it's true. [2:08:58] >> I built in a lot of areas and there I [2:09:02] mean it's hard to build up here. I got [2:09:03] my butt kicked cuz I built my own home. [2:09:06] It was tough [2:09:07] >> like in the worst winter that we could [2:09:09] have. Me and my two boys as teenagers [2:09:11] building the home. So, there was some [2:09:13] real value there, but it was really, tough, right? And there's some [2:09:17] unique things up here. But the city was [2:09:19] great in every case when they didn't [2:09:21] have to be. It could have been me. You [2:09:24] know what I mean? And there's something [2:09:26] to say for that. We live by each other. [2:09:29] I enjoy seeing him every time. And [2:09:31] there's other places that that doesn't [2:09:33] exist. So, yeah, for that. See, and I [2:09:37] think the problem is is that there are [2:09:39] also two things. Is that if you don't [2:09:40] fix it, you've got the problems. If you require him if we required strict [2:09:46] compliance, it's going to cause him to [2:09:48] go out of compliance and affect the [2:09:50] street with the snow plows and [2:09:52] everything else and raising that. And [2:09:54] it's caused by a problem he can't solve [2:09:56] because of the existing utilities that [2:10:00] are there. And until that part's [2:10:02] cleared, I would give him a conditional [2:10:05] variance. But that if you solve those [2:10:07] problems and give him notice, he's got [2:10:08] to [2:10:09] >> Yeah. [2:10:09] >> got to [2:10:10] >> if they're doing it, I want to do it the [2:10:12] exact same time. We tear it up, we fix [2:10:14] it, and we have it put back down. [2:10:16] >> And I still have my deposits and [2:10:18] everything held. So, it's like it's [2:10:21] important to resolve now or not because [2:10:24] >> and we should be able to find out and [2:10:27] it's not something that we're going to [2:10:29] oh, we'll get around to it when we can. [2:10:31] We we need to address it now [2:10:34] >> in fairness to him. So do I give you a a [2:10:38] year limit to do it? [2:10:39] >> Yeah. [2:10:44] » And if it doesn't happen in a year then [2:10:46] the con the variance becomes [2:10:49] >> permanent or unc or [2:10:51] >> becomes unconditional [2:10:52] >> unconditional. [2:10:54] >> Yeah. I mean I think we all know that it [2:10:56] happens in the next 6 months because of [2:10:59] snow. [2:10:59] >> Yeah. [2:11:00] >> Right. So, [2:11:01] >> well, yeah, I want to I want to give the [2:11:03] option to get past winter. [2:11:06] >> Yeah. [2:11:07] >> Um, [2:11:09] >> yeah. [2:11:11] Now, [2:11:13] changing the subject just a little bit. [2:11:15] The other issue I don't we have we've [2:11:18] addressed it I guess maybe in a [2:11:19] roundabout way. It's not the driveway [2:11:22] slope. [2:11:24] It's the setback [2:11:26] for the driveway. It's extending into [2:11:28] that side into into the setback [2:11:30] >> but it doesn't have any right but it [2:11:33] doesn't have anything to do with slope. [2:11:35] you mentioned slope and so I was [2:11:38] >> okay then excuse I thought we'd talk [2:11:40] about the elongating that it went into [2:11:42] this slope to give to deal with this [2:11:44] slope down here that that the elongation [2:11:49] into the setback those cars created in [2:11:54] order to get this slope this slope could [2:11:58] never be fixed because it's only [2:12:00] conditioned between here and here with [2:12:02] the two driveways the reason why This [2:12:04] was elongated was to get this slope [2:12:08] to get that original from here. [2:12:10] >> But you're in the setback. Not there. [2:12:12] The slope. You're in the setback over [2:12:13] here, right? [2:12:14] >> No, this has got your 20 foot. This set [2:12:18] this the only area that is impeded in [2:12:21] that 20ft section is right here. [2:12:24] >> And it's to accommodate this lower half [2:12:26] because this upper half I guess we could [2:12:29] have done the same thing and got within [2:12:30] 5 ft of the property line here. So, it's [2:12:33] the front yard setback that you're [2:12:34] repeating. [2:12:35] >> Yes, it [2:12:35] >> it's a sideyard actually. [2:12:38] >> Okay. These two, this sideyard. [2:12:40] >> Yes, that's the one that's to be is that [2:12:43] the driveway is supposed to be 20 ft [2:12:45] away from that side. [2:12:47] >> Oh, so it should be 20 ft. So, it should [2:12:50] be Well, oh, you're saying the driveway [2:12:52] is within the 20 ft here. [2:12:55] >> Yes, correct. It's 10 ft off instead of [2:12:57] 20. And it was I moved it there to get [2:13:00] this lower half compliant with slope. [2:13:03] >> Okay. Thank you for bringing out. I [2:13:05] thought it was this part. [2:13:07] >> Okay. [2:13:07] >> So, [2:13:09] you agree? Okay. Yeah. [2:13:11] >> And I don't have a problem with that [2:13:13] either, but I mean to do it, but [2:13:15] >> cuz I thought the purpose of the [2:13:17] elongating where it's just going into a [2:13:20] different one than I thought. [2:13:20] >> And he he took it way over here so that [2:13:25] he could meet this slope here. [2:13:27] >> Right. Well, and I understood [2:13:29] >> because if he if he came in 20 ft, it it [2:13:33] >> I was sitting at 17%. So, [2:13:36] >> but you're focusing it was the it's a [2:13:38] setback from the driveway [2:13:40] to the property. [2:13:41] >> Yes. [2:13:41] >> Yeah. [2:13:42] >> Not to the [2:13:43] >> not the driveway itself. [2:13:45] >> Yes. [2:13:46] So, that should be if it is now 10, [2:13:50] should it be 20? [2:13:51] >> Yeah. So he needs a variance in if [2:13:54] you're willing to grant it if [2:13:55] >> I am. I mean I was that [2:13:58] >> I thought it was over here but it's over [2:14:00] there. [2:14:00] >> Yeah. I just wanted [2:14:01] >> Yeah, it's on the east side of the [2:14:03] property. [2:14:03] >> Clarification. [2:14:04] >> So technically are you considering [2:14:06] that's a [2:14:10] for describing that that's within the 20 [2:14:13] foot front setbacker? Is that the [2:14:16] separation of a driveway from 20 ft from [2:14:19] the sideyard? [2:14:20] >> It's a side. It's a side property line. [2:14:23] >> Okay, that's what [2:14:27] >> and either side wherever that [2:14:29] >> okay [2:14:29] >> making difference where they place the [2:14:31] driveway. It has to be 20 ft away. And [2:14:33] you know, you know why that was [2:14:36] implemented years ago [2:14:39] so that [2:14:41] people who are snowblowing their [2:14:44] driveway wouldn't throw it on their [2:14:47] neighbor's yard. [2:14:49] So they gave him 20 feet to throw the [2:14:52] snow off their driveway. [2:14:55] >> When you when you said that about the [2:14:57] front setback, I was kind of throwing [2:14:59] me. So I It's the 20 ft from [2:15:03] >> That's real up here. Yeah. [2:15:05] >> Yeah. [2:15:07] >> Well, and you know, you have such an [2:15:09] interesting environment. I mean, that's [2:15:10] why people come is because you have such [2:15:13] a great, you know, natural environment. [2:15:16] But boy, it brings, you know, drainage [2:15:19] and, [2:15:20] you know, wildfire. [2:15:22] >> Yeah. A lot of other things. [2:15:25] >> And and I guess I'm a little more having [2:15:27] been to Kawaii and see where, you know, [2:15:28] streams where they were just dry ditches [2:15:31] before and now they, you know, people's [2:15:33] homes were flooded and [2:15:35] >> streets and cars were, [2:15:37] >> well, cars weren't, but I mean, boulder [2:15:39] and it was, it was interesting to [2:15:42] >> It's scary when mother nature does their [2:15:45] thing. [2:15:45] >> Yeah. We don't live in a climate that [2:15:47] you'd ever have that kind of water. [2:15:49] We're not the same. But [2:15:51] >> it only takes months. [2:15:53] >> We do have some crazy storms. We [2:15:55] actually had [2:15:56] >> Well, we did all that mitigation though [2:15:58] a couple of years ago because of all [2:16:01] that stuff coming down the canyon. [2:16:03] >> Right. From the fire, right? [2:16:05] >> Yes. Because of fire. [2:16:07] >> That's what right now with the [2:16:09] vegetation, it's amazing. The vegetation [2:16:12] takes all the moisture. There's so many [2:16:14] trees, but as soon as you have a fire [2:16:16] and you don't have that vegetation, [2:16:17] that's when you have the [2:16:19] >> But then you have the mudslide, too. I [2:16:21] lived in Saratoga and we had the [2:16:22] mudslide. [2:16:23] >> I was going to say you have this [2:16:24] mudslide usually faster because you've [2:16:27] lost not only the trees, but you've lost [2:16:29] the grass to hold it in place. [2:16:31] >> Yeah. [2:16:32] And that went we only had rain for [2:16:34] 45 minutes and we had a wall of water [2:16:38] come through our subdivision that was [2:16:40] 450 ft wide and 4t tall but it was 90% [2:16:44] mud and boulders [2:16:45] >> and the only thing that saved the kids [2:16:47] that were in the streets was the fact [2:16:49] that when it rained it started hailing. [2:16:51] So all the kids went in. It was a [2:16:53] Saturday night at 7:00 p.m. I was [2:16:56] watching the BYU game and my neighbor [2:16:57] came running over [2:16:59] >> and he and it banging on the door cuz it [2:17:02] missed our house by one lot, me and him. [2:17:05] >> And he yelled, "Can you hear that?" And [2:17:06] I said, "Yeah, I thought it was just [2:17:08] rain." He's like, "It's a mudslide." And [2:17:10] so I run out there and there's a [2:17:12] mudslide taken out. It took out 14 [2:17:14] homes. [2:17:14] >> Oh goodness. [2:17:15] >> But that's what we had a fire in July, [2:17:19] June, July. And that happened. And it [2:17:21] was the Saturday of um Labor Day [2:17:25] weekend, that first week of September. [2:17:27] >> Was that fast? So you still [2:17:29] >> Yeah. [2:17:30] >> chance. [2:17:30] >> Well, thank you. [2:17:32] >> Okay. [2:17:33] And you'll write that up then. I [2:17:36] will um for those and um [2:17:39] >> thanks for supplying me some words for [2:17:41] what I wanted to [2:17:43] >> that exterior suppression because I it [2:17:45] just seems to me that that was a [2:17:47] solution that [2:17:49] >> I'm sure I wasn't the first one to think [2:17:51] of. So, I'm I'm doing a big project up [2:17:54] in Park City at the East Village of Deer [2:17:58] Creek Deer Valley Ski Resort. And this [2:18:02] has come into play in the last 3 months [2:18:04] because WOOI has changed all of their [2:18:07] they've updated their paths where embers [2:18:11] could drop and we weren't in a zone and [2:18:14] now we are in a zone and we're building [2:18:18] 50 town homes that are between 12 and [2:18:21] $18 million a piece and all of those are [2:18:25] now uninsurable unless we up it. So, [2:18:28] we've had to do exterior fire [2:18:30] sprinklers. We had to do a class A fire [2:18:33] uh roof system. So, funny enough, I was [2:18:36] sitting there. I'm like, I know the [2:18:37] answer cuz I'm dealing with it in my [2:18:39] work every day. [2:18:40] >> Yeah. [2:18:41] >> And Yeah. These homes are It's not worth [2:18:43] it. $15 million. It's never worth the [2:18:46] $15 million town. But [2:18:48] >> the extra that you're doing, is that to [2:18:50] comply with with park or other [2:18:54] ordinances up there? It's just extra. [2:18:56] >> It's only for [2:18:57] >> insurance purposes. [2:18:58] >> Yes. So, and one of the good things is [2:19:02] that came out of the terrible fires of [2:19:03] Southern California was the insurance [2:19:06] companies were hit so hard that now that [2:19:08] they're they are communicating much [2:19:09] better with like us builders up front [2:19:12] and saying, "Hey, it's and it's [2:19:15] happening because of the people funding [2:19:16] it saying, hey, we're funding this [2:19:18] project. We need to make sure [2:19:21] >> that we're insurable." and they're [2:19:22] coming back to us in the building [2:19:24] process even before there's an owner [2:19:26] saying this is not insurable with that [2:19:29] unless you do this and this and this and [2:19:31] it's added costs but could you imagine [2:19:33] buying a $15 million town home and then [2:19:36] you cannot have insurance [2:19:38] >> it would be horrible [2:19:39] >> and I and I think that you know I know [2:19:42] it was a long time ago and stuff but I [2:19:44] and I don't remember now exactly but [2:19:46] those fires that kind of sparked the you [2:19:49] know the wooie is what you're calling [2:19:51] and to come in those urban fires and [2:19:54] >> you know it just um and and I know it's [2:19:57] affected community you know it's [2:19:58] particularly not even Park City but [2:20:01] would there but even farther ones up you [2:20:03] know about how close you can [2:20:04] >> yes [2:20:05] >> have stuff things and and you think oh [2:20:07] it's just crazy and then you see these [2:20:10] horrible fires that are happening and [2:20:12] you realize that [2:20:12] >> take out entire towns yeah [2:20:15] >> and you realize that we're building [2:20:18] right where we shouldn't be building in [2:20:20] a lot of cases This is a beautiful area, [2:20:23] but it probably wasn't designed by God [2:20:25] for building it. Even though now that we [2:20:27] live here, we're grateful we're here, [2:20:29] but he probably gave us that valley, but [2:20:31] we want to live here. [2:20:34] >> Yeah. [2:20:34] >> Well, others might say, "Well, he gave [2:20:36] us the valley so we can plant food in [2:20:37] it." But [2:20:38] >> that's true. [2:20:40] >> And I grew up on a potato farm in Idaho, [2:20:42] so I could empathize with that one, too. [2:20:45] >> It It's crazy. [2:20:46] >> Did you want to take this with you? [2:20:48] >> No, I want you to keep that. I want you [2:20:50] to mark it and keep it with that. [2:20:52] >> And um I would imagine that Jod has [2:20:55] probably set up [2:20:56] >> some kind of a filing system for the [2:20:58] thing [2:20:59] >> and I'd fold it up and mark it and put [2:21:01] it in there so it's it's with you. [2:21:03] >> We'll do and then we'll [2:21:06] >> Well, I do this cuz I [2:21:08] >> Thank you for your time. [2:21:09] >> Well, [2:21:10] >> yes. [2:21:10] >> And [2:21:11] >> appreciate it. [2:21:13] >> And I appreciate you coming. Like it's [2:21:16] great help. great help to be able to [2:21:20] work as a team and figure out its best [2:21:22] to really I really appreciate you coming [2:21:25] down from Salt Lake and being [2:21:27] >> Well, I'm coming out and if you hadn't [2:21:29] have been able to say that it was the [2:21:31] fiber octave problems or that you [2:21:32] couldn't do it because of the stuff that [2:21:34] was already there, I probably would have [2:21:35] made you do it anyway. [2:21:37] Well, I only know it was cuz I was the [2:21:40] one with the shovel digging. And so, [2:21:43] yeah, I I did I did it without approval, [2:21:47] but I didn't do it recklessly cuz it's [2:21:49] my own property, right? Like I'm like, [2:21:52] what else do I do here? [2:21:54] >> But yeah, [2:21:54] >> next time call. [2:21:56] >> Yes. But what I was battling is it was [2:21:59] September and October we get snow here. [2:22:02] So, you're battling. If I didn't put [2:22:04] down an asphalt there, I couldn't have [2:22:07] occupied that house. And it was when the [2:22:10] interest rates were going up, I'd never [2:22:12] said this, but we it was because I built [2:22:15] it myself. I was always behind schedule. [2:22:18] And but my last 4 months of my loan, I [2:22:21] ended up paying over $50,000 in fees. [2:22:25] They extend the 4 months, but the bank [2:22:26] wouldn't let me extend any further [2:22:28] without adjusting my interest rate, and [2:22:31] it would have jumped my payment like [2:22:32] $2,000 a month, [2:22:34] >> which then meant I wouldn't have been [2:22:35] able to live in the home. So, it was [2:22:38] I I did that calculated knowing if I had [2:22:42] to pay to rip out that driveway, it's [2:22:45] cheaper than what I'm faced with now. [2:22:48] So, it's the it's the best or the worst [2:22:50] two options, right? [2:22:51] >> So, it's a calculated risk and [2:22:54] >> Yeah. [2:22:54] >> Um and and and we [2:22:58] and you would have gotten tagged. Well, [2:23:00] you got tagged. [2:23:01] >> Yeah. [2:23:02] >> And and you and had they not been there, [2:23:06] you would have you would have been [2:23:08] >> I would have had the 12 in. I wouldn't [2:23:09] have had the 15. It's in my mind. [2:23:13] >> Yeah. [2:23:13] And there was there was nothing we [2:23:16] could or should have done about it [2:23:18] because it's co. [2:23:19] >> So, you know, it's on us. [2:23:21] >> Yeah. [2:23:22] >> If it's not good, then we need to change [2:23:24] it. So, [2:23:24] >> yeah. [2:23:25] >> Well, thank you. It was good to meet [2:23:27] you. [2:23:27] >> Appreciate the time. [2:23:28] >> Very good. Thank you very much. [2:23:31] >> Yeah. Appreciate it. [2:23:33] >> Like always, [2:23:37] » if we want to meet out there and talk [2:23:39] about it, kind of look at it together, [2:23:42] let me know. Okay. [2:23:48] See how