[00:00:03]
[Call to Order]
UM, WELCOME TO THE SEPTEMBER 24TH MEETING OF THE ZONING BOARD OF APPEALS.WE HAVE FOUR CASES TODAY, ONE RETURNING CASE AND THREE NEW CASES.
UM, MR. BUILDING INSPECTOR, DO YOU KNOW IF ALL THE MAILINGS ARE IN ORDER? I'VE BEEN INFORMED BY MY STAFF THAT ALL THE MAILINGS ARE IN ORDER.
MY NAME IS STEVEN, BY THE WAY,
OH, SO WE DON'T CALL HIM BUDDY.
YEAH, YOU SAID WHEN'S NOT HERE? CHARLES IS NOT HERE.
UM, THE BUILDING INSPECTOR FORMALLY KNOWN AS BUDDY
UM, WHAT WE NORMALLY DO IS WE'LL HAVE, UH, WE'LL CALL EACH CASE, UM, SOMEONE WILL PRESENT THE CASE, UM, WHETHER THAT'S THE ARCHITECT OR OR OWN HOMEOWNER.
UM, WE WILL HAVE QUESTIONS FROM THE BOARD.
THEN WE'LL ASK IF THERE'S ANY PUBLIC COMMENT, UH, AND THEN THE BOARD WILL DISCUSS AND VOTE.
UM, ONE NOTE TODAY, AS YOU CAN SEE, WE ONLY HAVE THREE BOARD MEMBERS, UH, WHICH JUST MEANS THAT UNLIKE WHEN WE HAVE FOUR OR FIVE BOARD MEMBERS, AND A SIMPLE MAJORITY IS NEEDED FOR APPROVAL TODAY, IT'LL HAVE TO BE UNANIMOUS.
SO I BELIEVE VILLAGE ATTORNEY, THAT IF ANYONE UNDER THOSE CIRCUMSTANCES WISHES TO RESCHEDULE THEIR CASE TO ANOTHER MEETING, THEY CAN.
UM, BUT IF YOU GO FORWARD, YOU WILL NEED A UNANIMOUS VOTE OF APPROVAL.
AND UNDER THESE CIRCUMSTANCES, YOU'RE MORE THAN WELCOME TO REQUEST A STRAW POLL FROM THE BOARD MEMBERS TO GET A SENSE OF HOW THE VOTE MIGHT GO.
AND BASED ON THAT, YOU'RE WELCOME TO ADJOURN, UH, TO A FUTURE MEETING, WHETHER IT MIGHT BE MORE BOARD MEMBERS TO CONSIDER APPLICATION.
YOU CAN ASK FOR A STRAW POLL, BUT WE'RE PRETTY TRANSPARENT.
I THINK YOU'LL, YOU'LL FIGURE IT OUT.
THEN IN THAT CASE, WE WILL CALL, UH, CASE NUMBER 10 26, DEREK TARCI AND LAUREN LINDSTROM, 11 ELM PLACE.
AND I'LL SAY, JUST AS MR. TARCI APPROACHES THIS, UM, CASE HAS BEEN BEFORE US FOR THE LAST TWO MEETINGS.
UM, AND I, WE WERE ABLE IN THE PREVIOUS MEETING TO REVIEW AND APPROVE ALL BUT ONE OF THE VARIANCES BACK TODAY BECAUSE, UH, THAT VARIANCE NEEDED TO BE RENO WITH THE PROPER NUMBERS, UM, SO THAT WE COULD FORMALLY TAKE IT ON.
UH, WE, WE'VE HAD DIFFERENT COMBINATIONS OF BOARD MEMBERS OVER YOUR THREE MEETINGS, BUT I BELIEVE EVERYONE WAS HERE FOR AT LEAST ONE.
UM, ACTUALLY, ARCHITECT, UM, EVA IS DELAYED.
SO I DON'T KNOW IF WE CAN MOVE YOU TO, UH, DOWN THE DOCKET IF THAT'S YEAH.
[Case No. 11-26]
CASE.UM, WE'LL MOVE ON TO CASE 1126, UM, SNEHA AND SH PATEL, UH, TWO FAIRMONT AVENUE.
AND PLEASE, YEAH, WHEN YOU, WHEN YOU COME UP, PLEASE, UH, GIVE YOUR NAME AND ADDRESS, AND THAT WILL CORRECT WHAT I JUST BUTCHERED.
SNEHA PATEL, UH, FOR TWO FAIRMONT AVENUE, ADELINA CASTRO, OUR ARCHITECT, UH, IS GOING TO PRESENT WHAT WE'RE LOOKING FOR TODAY.
LET'S SEE IF OUR TECH IS WORKING TONIGHT.
HI, HOW ARE YOU? PLEASE HAVE A SEAT.
OKAY, WHAT ABOUT THIS ONE? THIS ONE CONFUSED ME.
IT'S, I'M SITTING NEXT TO JOSH, WHAT I'M SITTING NEXT TO CAN, BECAUSE THIS ONE IS CONFUSING TIME.
AND, UM, I'M PRESENTING TWO, TWO PROJECTS HERE TODAY.
[00:05:01]
CO, UH, COVERED ENTRY TO THE HOUSE THAT REQUIRES ITS OWN SET OF VARIANCES, AND THEN ALSO THE PERGOLA AND DECK IN THE BACK, WHICH REQUIRES A DIFFERENT SET OF VARIANCES.SO AT THE FRONT WE HAVE AN EXISTING COVERED ENTRY HERE.
WE'VE GOT AN EXISTING STONE PATH THAT GOES TO AN EXISTING COVERED ENTRY.
UM, IT'S, UH, NEEDS TO BE REPAIRED.
AND SO HE, MY CLIENT IS TAKING THIS OPPORTUNITY TO ENLARGE IT, UM, SLIGHTLY FOR, YOU KNOW, THE REGULAR CONVENIENCES HAVING MORE SPACE AT THE ENTRY PLACE WHERE PACKAGES CAN BE LAID, KIDS CAN THROW THEIR THINGS.
UM, RIGHT NOW THE DISTANCE BETWEEN THE PROPERTY LINE AND THE, UM, EXISTING COVERED, UH, ENTRY IS 14 FEET, 10 INCHES, AND WE ARE ASKING FOR 14 ONE INSTEAD.
UM, AND THEN WE'RE ALSO IN WIDENING IT AS WELL.
AND SO RIGHT NOW IT'S ABOUT, UM, SEVEN FEET WIDE.
AND SO WE'RE ASKING FOR, UH, 10 FEET WIDE.
UM, I CAN TAKE QUESTIONS ON THAT OR I CAN MOVE ON TO THE PERGOLA.
UM, ANYBODY HAVE ANY QUESTIONS AT THIS POINT ON MAYBE JUST THIS PORTION OF IT, I SHOULD SAY? IT'S A, IT'S AN OPEN COVERED ENTRY AND IT'LL REMAIN AN OPEN COVERED ENTRY.
DO YOU HAVE A PICTURE OF IT OR IS THIS YEAH, SO THIS IS WHAT IT LOOKS LIKE RIGHT NOW.
AND THE NEW DESIGN WILL BE VERY SIMILAR, EXCEPT IT'LL HAVE MORE OF A CURVED ROOF.
UM, AND WE CAN SEE THE ELEVATION HERE, SO JUST WIDENING IT, THE POSTS GET WIDER, FARTHER APART, AND THEN IT MOVES ABOUT A HALF A FOOT FORWARD.
UM, I SHOULD ALSO POINT OUT IF, IF THIS IS, UM, ON YOUR MINDS THERE, THERE, ON THIS PORTION OF THE STREET, THERE'S ONLY ONE OTHER NEIGHBOR RIGHT HERE.
UM, AND THEY HAVE A VERY SIMILAR SETUP WHERE IT'S A, YOU KNOW, A STOOP TO AN OPEN COVERED, UH, ENTRYWAY.
SO IT'S, IT'S IN KEEPING WITH, ITS ITS CLOSEST NEIGHBOR.
UM, AND YOU KNOW, WE, YOU KNOW, WE THINK IT'S A SMALL ASK.
WE WHY DON'T YOU MOVE ON TO THE SECOND PART AND THEN WE CAN COME BACK AND DISCUSS THEM ALL AT ONCE IF WE NEED TO.
SO THIS HOUSE IS A CORNER LOT.
IT'S ON THE CORNER OF FAIRMONT AND COCHRAN.
AND SO IN THE CODE THERE IS, UM, A SECTION THAT REQUIRES, UM, A DEEPER SETBACK THAN OTHERWISE WOULD BE REQUIRED FOR A HOUSE.
AND SO IN HERE, HERE IT, WE HAVE A 30 FOOT SETBACK REQUIREMENT, AND WE WANNA PUT, OR HE WOULD LIKE TO PUT A, UM, DECK AND A PERGOLA KIND OF IN THE CORNER BACK PART OF THAT YARD.
SO THAT WOULD REQUIRE A VARIANCE IN.
SO INSTEAD OF THE 30 FEET, WE'RE ASKING FOR NINE FEET TO THE, UH, ACCESSORY STRUCTURE FROM THE REAR.
IT IS, UM, YOU KNOW, YOUR NORMAL, YOUR TYPICAL 10 FOOT, IT, IT'S A TYPICAL STRUCTURE SETBACK.
SO I THINK EIGHT FEET IS ALLOWED AND WE HAVE 10 FEET.
I HAVE A QUESTION ABOUT THE STRUCTURE.
YOU REFER TO IT AS AN ACCESSORY STRUCTURE.
SO IT'S NOT A ROOF THAT COVERS THE, IT'LL HAVE, IT'LL HAVE JOISTS, REPETITIVE JOISTS.
BUT THERE'S NO SURFACE THAT CONNECTS THEM ALL.
PROVIDES SOME SHADE AT AN ANGLE, BUT NOT DIRECT.
UM, COULD WE CONSULT THE, THE BILLING DEPARTMENTS FOR A DEFINITION OF ACCESSORY STRUCTURE, GIVEN THAT IT'S OPEN? I KNOW THERE'S SOME IN THE, IN THE, IT'S, IT'S NOT, IT'S NOT A ROOFED STRUCTURE, SO IT STILL ALLOWS WATER TO FILTER THROUGH.
SO WE WOULD NOT CONSIDER THAT AN, AN ACCESSORY STRUCTURE.
SO WHAT IS IT CONSIDERED THEN?
[00:10:04]
I DIDN'T LOOK AT THE CODE.BUT THE OTHER THING IS THAT I THINK IF YOU LOOK FROM THE PICTURE, IT'S ALSO FULLY, THERE'S LARGE TREES.
I DON'T REALLY SEE IT FROM THE WORLD, ACTUALLY.
WELL, THAT'S A SEPARATE QUESTION BECAUSE IT MAY NOT.
I THINK, I THINK WE'RE JUST TRYING TO ESTABLISH WHETHER IT'S CONSIDERED AN ACCESSORY STRUCTURE.
I, I KNOW THAT FOR INSTANCE, IT, UH, PLAY STRUCTURE MIGHT NOT BE CONSIDERED RIGHT.
AN ACCESSORY STRUCTURE, LIKE A SWING SET OR A TRAMPOLINE, SOMETHING LIKE THAT.
COULD ESSENTIALLY GO ALMOST EVERYWHERE.
UM, NOT EVERYONE'S FAVORITE PART OF THE LAW, BUT I'M SURE.
UM, JUST WANTED TO, TO UNDERSTAND THAT.
I THINK THE DECK IS STILL A SEPARATE DISCUSSION, BUT WANTED TO, TO MAKE SURE WE'RE TALKING ABOUT THE RIGHT THING.
MAYBE AS YOU'RE LOOKING THROUGH IT.
UH, SO, UH, I THINK THIS IS ONE OF TWO, UH, CORNER LOTS WE HAVE TODAY.
AND CORNER LOTS ARE A LITTLE BIT CONFUSING BECAUSE YEAH, IT'S VERY, WHAT'S THE FRONT, WHAT'S THE SIDE? YOU ESSENTIALLY HAVE TWO FRONTS.
CAN YOU, YOU HAD A SMALL KIND OF, UM, SITE PLAN OF THE NEIGHBORHOOD.
COULD YOU GO BACK TO THAT? I BELIEVE IT WAS THE CORNER OF ONE OF YOUR DRAWINGS.
SO THIS IS THE NEIGHBOR TOWARDS THE BACK, RIGHT? IT'S THE, UM, THE GOOGLE EARTH.
IF YOU COULD ZOOM IN ON THAT JUST FOR A SECOND FOR CONTEXT.
'CAUSE SO, UM, YOU ARE CALLING IT A SIDE, BUT IT'S ESSENTIALLY A FRONT YARD IN THE FACT THAT IT FACES COCHRAN.
RIGHT? IF YOU, YES, IF YOU DIDN'T HAVE THE LABELS AND WE DIDN'T HAVE A SITE PLAN AND YOU WERE WALKING OR JOGGING DOWN COCHRANE, IT WOULD FEEL LIKE AN EXTENSION OF THE NEIGHBOR'S FRONT YARD.
SO THAT'S, I THINK A LITTLE BIT, AGAIN, IT'S, IT'S GIVEN THE 30 FEET, WHICH IS NORMALLY A FRONT YARD.
SO WHETHER WE CALL IT A SIDE YARD OR A FRONT YARD, IT'S ESSENTIALLY THAT'S, THAT'S THE ZONING INTENT.
I THINK IT'S HELPFUL TO LOOK AT THE CONTEXT BECAUSE THERE AREN'T A LOT OF OTHER STRUCTURES AT THAT FIVE QUARTER INTERSECTION.
I MEAN, IT'S, IT'S RELATIVELY OPEN.
UM, BUT I GUESS THE QUESTION IS, 'CAUSE ONE OF THE THINGS WE EVALUATE IN OUR FIVE FACTORS ARE ALTERNATIVES.
IS THERE A REASON WHY OR DID YOU CONSIDER DOING THE SAME EXACT PERGOLA AND DECK IN A COMPLIANT WAY? SO 30 FEET BACK IT FROM THE SITE PLAN, IT WOULD'VE BEEN KIND OF ALIGNED WITH THE NEIGHBOR'S GARAGE.
WAS THAT A CONSIDERATION? UM, SO HE, HIS, UH, PROPERTY IS, UM, HAS A LOT OF HILL.
THERE'S A LOT OF ROCK OUTCROPPING.
IF, IF HE HAD MOVED IT FARTHER EAST, UM, HE WOULD'VE HIT A ROCK, HE WOULD'VE HIT.
SO, SO THAT'S THIS HERE, LEMME ZOOM IN.
SO THIS, THERE'S AN EXISTING ROCK OUTCROPPING HERE.
THERE'S AN EXISTING FOUNTAIN HERE, AND THEN WE'VE GOT THE TREES AND THEN IT'S TERRACE.
UM, SO THERE WASN'T A WHOLE LOT OF ROOM TO MOVE IT THIS WAY.
AND, AND STAYING ON THIS PLAN, THE FIVE CIRCULAR TREES AND THE LINE OF TREES AT THE STREET LINE, ARE THOSE ALL EXISTING? YES, THOSE ARE EXISTING.
AND LET ME, SO THIS IS, UM, YOU KNOW, WHAT IT LOOKS LIKE FROM, FROM COCHRAN.
SO THOSE ARE EXISTING, THE ONES BETWEEN HIM, HIS PROPERTY AND THE, UH, THE NEIGHBOR'S PROPERTY ARE EXISTING.
I DON'T, ANY OTHER QUESTIONS FROM THE BOARD? IF I CAN JUST CIRCLE BACK.
I REVIEWED THE DEFINITIONS OF ZONING CODE.
SO THE PERGOLA IS CONSIDERED A STRUCTURE.
AND ACCESSORY STRUCTURES, THEY'RE SUBJECT TO A, LIKE A REDUCED SIDE MIRROR, YARD SETBACK OF EIGHT FEET, BUT IT'S SUBJECT TO THE FULL 30 FOOT FRONT YARD SETBACK.
THERE'S LIMITED EXCEPTIONS FOR LIKE A PLAYGROUND, LIKE A JUNGLE GYM, BUT OTHERWISE EVERYTHING ELSE IS A STRUCTURE.
SO IF THIS TRULY WAS A SIDE YARD, THEN IT WOULD BE, IT WOULD, THEN IT WOULD BE ACCEPTABLE.
BUT THE FACT THAT IT'S A CORNER LOT AND IT'S BEING TREATED ESSENTIALLY AS ANOTHER FRONT.
UM, SORRY, ANY OTHER QUESTIONS FROM THE BOARD? AND THEN WE'LL SEE IF WE HAVE ANY PUBLIC COMMENT.
SO I, I DO WANNA MENTION WHAT YOU WERE SAYING IS THAT BECAUSE OF THE TREES AND WHERE, YOU KNOW, WHERE IT'S SITUATED, IT DOES SEEM SORT OF HIDDEN BEHIND, UM, AND SORT OF SCREENED FROM THE STREET, WHICH IS WHAT YOU WERE TRYING TO SAY, RIGHT? YEAH, EXACTLY.
DID WE RECEIVE ANY LETTERS ON THIS PROJECT? NOT THAT, NOT TO ANY OF MY KNOWLEDGE, NO.
DO WE HAVE ANYONE HERE TODAY FROM THE PUBLIC WHO WE WISHES TO SPEAK ON THIS PROJECT? INFORMALLY? HAVE
[00:15:01]
YOU HAD ANY CONVERSATIONS WITH YOUR NEIGHBORS OR, UM, YEAH, I'M, I'M NOT SURE IF HE SENT IT.IF, IF YOU DON'T MIND, CAN YOU JUST COME TO THE MICROPHONE AND IDENTIFY YOURSELF? I'M APOLOGIES, BUT YEAH, SNEHA PATEL IS THE OWNER OF TWO FAIRMONT, THE NEIGHBOR WHOSE GARAGE WE WERE TALKING ABOUT.
I DON'T KNOW IF HE SENT AN EMAIL TO CHARLES MENZI.
HE WAS SUPPOSED TO SEND ONE TODAY ABOUT IT.
AND WE, WE HAD TALKED ABOUT IT AND HE WAS, EVEN BEFORE WE THOUGHT ABOUT THIS, I HAD DISCUSSED IT WITH HIM TO MAKE SURE, JUST OUT OF COURTESY.
WELL HE WAS, HE WAS, THERE'S NO LETTER IN SUPPORT, BUT HE WAS ALSO NOTICED ABOUT THIS AND THE NEIGHBOR'S NOT HERE.
SO, YEAH, I MEAN, WE'RE, WE'RE VERY FRIENDLY.
UM, A CLARIFICATION, IF I COULD ASK THE, ON THE SITE PLAN, THE MAGENTA LINE THAT SHOWS THE SETBACK, UM, IT'S A SETBACK.
30 FEET LOOKS FROM EVERY SIDE.
SO IS IT 30 FEET, 30 FEET, 30 FEET AND 30 FEET DOWN TOWARD THE, THE LOWER PART OF THE PAGE AS WELL HERE? YEAH.
'CAUSE THAT WOULD TYPICALLY BE, THE SIDE WOULD TYPICALLY BE A SIDE YARD, BUT NONETHELESS, I DON'T THINK IT HAS ANYTHING TO DO WITH WHAT YOU'RE ASKING FOR.
I THINK IT JUST SHOWS THE VERY LIMITED BUILDING ENVELOPE ON THIS PROPERTY 'CAUSE OF ITS SHAPE.
YEAH, BUT I THINK WE'RE JUST, I THINK I COULD BE WRONG THAT THE, THE ONE ON THE BOTTOM OF THE PAGES DRAWN IN MIGHT BE DRAWN INCORRECTLY AND COULD BE A SIDE YARD, COULD BE EIGHT FEET.
UM, BECAUSE AGAIN, YOU, THE, THE TWO FRONTS, I GUESS THIS IS TOUGH BECAUSE, OH, NOT 'CAUSE YOU'RE CONSIDERING THIS A FRONT YARD, BUT IT, BUT EXACTLY, BUT, BUT IT IS CONFUSING BECAUSE YOU'RE, IN ADDITION TO BEING CORN LOT, IT'S ALSO NOT SQUARE.
THERE WAS A CONVERSATION WITH MR. MANZI ABOUT, SO WHAT DO I DO WITH ALL OF THESE? THERE MAY BE AN INTERPRETATION, AN INTERPRETATION THERE, BUT AGAIN, I DON'T THINK IT'S PARTICULARLY RELEVANT TO WHAT'S NO, NOT NOT TO THE CURRENT DESIGN AS SHOWN.
OH, I THOUGHT YOU WERE ASKING TO SEE WHETHER YOU COULD MOVE IT.
THAT'S WHY I WAS ASKING JUST TO KNOW WHAT THIS POTENTIAL ALTERNATIVE SCENARIOS MIGHT HAVE BEEN.
UM, BUT GIVEN THE PROPOSAL, IT WOULDN'T MAKE A DIFFERENCE BECAUSE IT'S FULLY OUTSIDE OF THE 30 FOOT SETBACK FROM COCHRANE.
I THINK THERE'S A SECTION, SECTION IN THE CODE THAT SAYS YOU GET TO PICK WHICH OF THE TWO FRONTS ARE YOUR FRONTS.
AND SO THEN THE, THE OPPOSITE ONE, SO HE, YOU KNOW, HIS FRONT YARD, HIS FRONT IS, IS THIS ONE, I MEAN, HIS FRONT DOOR IS THIS ONE.
SO I WAS ASSUMING, OKAY, IF THAT'S YOUR FRONT, THEN THIS IS YOUR REAR.
YOU'RE NOW IT MAKES MORE SENSE.
YOU, YOU DO ALSO HAVE TO HAVE A REAR.
SO THAT, THAT WAS THE RATIONALE.
UM, SO I, I THINK, UM, THAT FOR ME, UM, THESE ARE VERY DIFFERENT.
THE FIRST ONE IS NOT PARTICULARLY, UM, CONTROVERSIAL TO ME, THE ENTRY.
I, I THINK THAT, THAT WE CAN GO THROUGH THE FACTORS, BUT THAT, THAT PROBABLY MEETS ALL THE FACTORS OF BEING REASONABLE AND, UM, NOT A HUGE ASK.
THE PERGOLA, I THINK IS A LITTLE MORE NUANCED, UM, JUST BECAUSE IN GENERAL IN HASTINGS AND IN ZONING, WE DON'T HAVE A LOT OF OBJECTS BUILT OBJECTS IN FRONT YARDS.
UM, THOSE OF YOU WHO USE THE CLIFF STREET EXIT OR ENTRANCE INTO HASTINGS WILL NOTICE THAT THERE'S A GIANT SHED RIGHT THERE THAT WAS, UH, IMP IT WAS APPROVED IN ERROR, BUT, BUT IT'S AN ODD CONDITION TO HAVE SOMETHING SO CLOSE TO THE STREET.
I DO THINK THERE'S SOME MITIGATING FACTORS HERE.
THE, AGAIN, NOTHING'S RECLINE.
THERE AREN'T THAT MANY HOUSES OPPOSITE OR AROUND, UM, PRESUMABLY THE NEIGHBOR BELOW WOULD BE THE MOST IMPACTED.
BUT AGAIN, IT'S, THIS IS, BY THE WAY, THIS IS A SHED.
SO IT'S NOT LIKE, I DON'T IMAGINE HANGING OUT HERE.
SO MAYBE WHAT WE SHOULD DO IS JUST GO THROUGH THE FACTORS FOR THIS ONE, OR DON'T WE HAVE TO DO THE DECK.
IS THERE, THE PERGA AND DECK ARE PART OF THE SAME STRUCTURE, IS THAT RIGHT? OH, IT'S THE SAME.
SO WITH REGARDS TO THE PERGO AND DECK, UH, OUR FIRST FACTOR IS WHETHER AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR A DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY THE GRANTING OF THE AREA VARIANCE.
I WILL SAY ALSO THAT GOING DOWN
I'M SORRY, JUST SO IT'S CAPTURED ON THE RECORD.
I, I WILL SAY THAT GOING DOWN COCHRANE, THAT WAY IT'S A DEAD END AND THERE ARE 1, 2, 6 HOUSES DOWN THE STREET THAT WAY.
MAYBE FIVE, I MEAN, LET'S JUST SAY SIX.
[00:20:01]
ON THAT FIRST FACTOR FROM THE BOARD? I THINK THAT'S ONE I'M STRUGGLING WITH FOR THE REASONS THAT YOU DESCRIBED, THAT IT IS IN THE FRONT YARD.THERE ARE SOME GRANDFATHERED CONDITIONS, BUT PART OF THE INTENT OF THE ZONING WAS TO, UH, PREVENT FURTHER CONDITIONS LIKE THAT.
UM, IT'S NOT EXPANDING ON AN EXISTING NON-CONFORMITY, IT IS OTHERWISE, UH, YOU KNOW, OPEN PARCEL, A PART OF THE, THE SITE THAT IS IMPERVIOUS, THAT'S GREEN.
UM, AND THEN IT WOULD BE SETTING A PRECEDENT ON THIS BLOCK THAT I DON'T BELIEVE OTHERWISE EXISTS FROM THE EVIDENCE THAT WE'VE SEEN.
THERE AREN'T SIMILAR STRUCTURES IN THAT SAME SETBACK SPACE CONTINUING, UM, ALBEIT, UH, ULTIMATELY DEAD END STREET BECAUSE OF THE TOPOGRAPHY.
UM, I THINK ONE THING TO NOTE ABOUT THAT PRECEDENT IS CERTAINLY AN IMPORTANT CONSIDERATION.
THE FIRST FACTOR, EACH CASE DOES STAND ON ITS OWN MERITS AND IT'S IMPORTANT TO BE ABLE TO DISTINGUISH CASE FROM CASE.
SO I THINK IN THIS PARTICULAR CIRCUMSTANCE, THE FACT THAT THIS IS A CORNER LOT IS A MITIGATING CONSIDERATION.
THE BOARD SHOULD, SHOULD TAKE INTO ACCOUNT WHEN LOOKING AT THE FIRST FACTOR AS IT RELATES TO PRECEDENT.
AND MAYBE I SHOULD HAVE SAID CONTEXT INSTEAD OF PRECEDENT, RATHER GIVEN THAT FOR THE REST OF THAT BLOCK IN THE FUTURE, THEN THERE MIGHT BE THE ARGUMENT THAT THERE'S A CONTEXT OF MM-HMM
BUT A NEARBY STRUCTURE WITH A BUILD ACCESSORY STRUCTURE IN WHAT WOULD OTHERWISE BE REQUIRED FOR A SETBACK OR THE CHARACTER OF THE NEIGHBORHOOD.
I KNOW I'M HOPPING TO A DIFFERENT, UM, A DIFFERENT FACTOR THAT IS NUMBER ONE, YOU KNOW, THAT UNDER CHANGE TO THE CHARACTER.
SO I DO THINK THAT, AND ALSO IMPERVIOUS.
SO IF YOU HAVE THE DECK, EVEN THOUGH WE'RE JUST REALLY FOCUSED ON THE PERGOLA, YOU'RE ALSO GONNA HAVE SOMETHING THAT'S GONNA IMPACT THE PROPERTY'S COMPLIANT AS TO COVERAGE.
SO THAT'S KIND OF MY CONSIDERATION HERE.
YEAH, I MEAN, I, I, I THINK THE, FOR ME THE CORN LOT IS MITIGATING, IT'S ALSO, MAYBE I'LL SAY IT THIS WAY, IF IT WAS A FULLY ENCLOSED STRUCTURE WITH SIDES AND A ROOF, IT WOULD BE A NON-STARTER FOR ME.
SO I THINK WHAT'S KEEPING THIS, UH, OUT THERE IS THAT IT IS RELATIVELY, UM, OPEN AIR VIEWS GO THROUGH IT, RAIN WILL GO THROUGH IT.
IT IS, AGAIN, THIS MAY NOT BE THE OFFICIAL DEFINITIONS, BUT IT ANECDOTALLY FEELS MORE LIKE A GARDEN FENCE ELEMENT THAN A STRUCTURE, UM, TO ME.
SO AGAIN, I THINK, UM, IF YOU WANT WE CAN DO THE OTHERS AND CIRCLE BACK TO THIS ONE OR SURE.
UM, WHETHER THE BENEFITS ARE BY THE APPLICANT CAN BE ACHIEVED BY SOME METHOD FEASIBLE FOR THE APPLICANT TO PURSUE, OTHER THAN THE AREA VARIANCE.
WE DID TALK ABOUT SHIFTING IT EAST WHERE THERE IS A, UH, A ROCK OUT CROPPING.
UM, PRESUMABLY THE BENEFIT IS SHADE.
AND THAT THAT LITTLE CORNER OF THE YARD IS SHADED.
ANY OTHER THOUGHTS ON THE SECOND FACTOR? WELL, WASN'T IT JUST THE BENEFIT IS TO GET SHADE? YEAH.
BECAUSE IT'S SUNNY, NOT BECAUSE IT'S SHADY.
WELL, AGAIN, I I GUESS WE CAN'T ALL PRESUME THAT WE LIKE BURGLES FOR THE SAME REASON.
ARE YOU INTENDING TO GROW PLANTINGS ON IT? YEAH, I MEAN THAT'S THE IDEA THAT, YOU KNOW, IT GOES UP THE SIDES ON THE TOP.
RIGHT? I MEAN, THAT TAKES YEARS, BUT MM-HMM
SO THAT, THAT MIGHT SPEAK TO IT EVENTUALLY BEING A GREEN ELEMENT.
IF YOU, ALRIGHT, LET'S TRY NUMBER THREE.
UH, RATHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL.
WE ARE TALKING ABOUT 21 FEET OUT OF 30.
HOWEVER, WE, WE, IF IT IS A, IF IT COULD HAVE BEEN A SIDE LOT, IT WOULD'VE BEEN COMPLIANT.
SO I THINK IT'S THE, THE QUESTION OF WHETHER THE 30, IT IT'S SUBSTANTIAL RELATIVE TO 30.
BUT GIVEN THE FACT THAT THAT 30 IS SOMEWHAT UNDER CONTENTION.
WELL, I THINK THAT'S THE KIND OF INTERESTING THING ABOUT IT.
THANK YOU FOR PUTTING UP THE PLAN.
FROM THE APPLICANT'S POINT OF VIEW, IT IS THEIR SIDE LOT.
THEY HAVE A CLEAR FRONT DOOR, THEY HAVE A CLEAR FRONTAGE.
IT'S JUST A QUESTION AS TO THE NEIGHBORS AND THE NEIGHBORHOOD.
IS IT A FRONT YARD OR A SIDE YARD? SO I, I UNDERSTAND THE APPLICANT'S ASKING FOR IT.
'CAUSE IN THEIR MIND IT'S THEIR SIDE YARD.
UM, I MEAN OBVIOUSLY I CAN'T SPEAK FOR THEIR NEIGHBORS, BUT TO ME, YOU KNOW, STANDING ON THE STREET, THERE'S, THERE'S A RETAINING WALL HERE.
AND THEN WITH ALL THESE TREES, IT DOES NOT FEEL LIKE
[00:25:01]
A FRONT YARD TO ME AT ALL.IT DOESN'T OTHERWISE BEHAVE LIKE A FRONT YARD.
IT'S, IT'S NOT, NOT THAT OPEN.
YOU CAN'T SEE THROUGH IT THAT EASILY.
UH, IT, IT DOES AND, AND YOU KNOW, THE RETAINING WALL IS THERE.
IT DOES NOT FEEL LIKE A FRONT YARD TO ME AT LEAST.
SO TO THAT POINT, AGAIN, IN TERMS OF SUBSTANTIALITY, YOU KNOW, YOU'RE LOOKING AT THE NUMERICAL VALUE OF THE VARIANCES BEING REQUESTED, BUT ALSO WHAT ARE THE IMPACTS.
YOU CAN FIND THAT, THAT A VARIANCE IS NUMERICALLY SUBSTANTIAL, BUT LOOKING AT THE CIRCUMSTANCES, THE IMPACTS MIGHT NOT BE THE, THE VARIANCE IS FOR THE FRONT YARD, BUT NOT FOR THE REAR YARD.
IS THAT CORRECT? BECAUSE THIS IS RIGHT PARADOXICALLY BOTH IN THE FRONT AND REAR YARD SETBACK.
BECAUSE OF RIGHT, THE TOPOGRAPHY, THE CORNER AND THE CORNER, UH, AND A CORNER.
UM, SO IF IT WEREN'T IN THE FRONT YARD SETBACK, IT WOULD STILL BE IN THE REAR YARD SETBACK.
IF THIS, IF, IF IT WAS IN THE SIDE YARD, IF, IF IT WAS DETERMINED THAT COCHRAN WERE THE SIDE YARD, THIS WOULD THEN BE UNAMBIGUOUSLY IN THE REAR YARD SETBACK, RIGHT? OH, I THINK IT, IT WOULD BE BOTH.
RIGHT? IT'S STILL BOTH REAR AND SIDE.
WELL, I THINK IF IT WERE AN, SAY AN EIGHT FOOT SIDE YARD, THEN IT WOULD NO LONGER BE WITHIN THAT.
IT WOULD, IT WOULD BE PURELY IN THE RIGHT, BECAUSE IT'S IN THE CORNER.
IT'S SORT OF IN THE EXTENSION OF BOTH IN TERMS OF SMALL YARD IN TERMS OF IMPACT.
BUT WOULD THE, WOULD THE EIGHT LOTS DRAWN, WOULD THE, WOULD THE EIGHT FOOT, UM, LIMIT BE IN, IN FORCE IN THE REAR YARD? IN OTHER WORDS, DOES IT NEED 30 OR EIGHT IF IT'S THE REAR YARD? LET ME DOUBLE CHECK.
I HAVE THAT RIGHT IN FRONT OF ME.
WELL, IF IT'S A STRUCTURE, AN ACCESSORY STRUCTURE, RIGHT? IT'S, YEAH, IT'S EIGHT FEET FOR ACCESSORY STRUCTURE.
SO IT WOULDN'T BE, IF IT WAS AN ACCESSORY STRUCTURE AND THIS, AND IT IS, I THINK THAT'S WHY THERE'S NO VARIANCE BEING ASKED FOR FOR THE REAR YARD.
AND, AND AGAIN, SO IT'S COMPLIANT IN THE BORDER WITH THE ACTUAL NEIGHBOR? IT'S NON-COMPLIANT IN THE BORDER WITH THE STREET? YES.
IT'S THAT MAGENTA LINE THROWING ME OFF.
AND THAT'S, THAT'S WHERE, YOU KNOW, YOU'RE TALKING ABOUT CONTEXT IN THIS CONTEXT.
IT, IT'S JUST NOT THAT VISIBLE FROM THE, FROM CO FROM THE STREET.
YOU KNOW, THESE ARE, YOU KNOW, THESE ARE THE PICTURES AND THAT'S DUE TO THE LANDSCAPING, DUE TO, DUE TO THE LANDSCAPING.
IT'S ALSO SUNKEN FROM THE STREET.
SO THE LANDSCAPING AND THE GRADE.
THAT'S THAT RETAINING WALL HERE.
THIS IS TAKEN FROM THE CORNER OF FAIRMONT AND COCHRANE LOOKING TOWARDS WHERE THE, YOU KNOW, YOU COULD SEE THE DECK THERE.
I, UM, MAYBE JUST MOVING ON TO THE FOURTH FACTOR WHILE WE ARE, UM, THIS IS THE SHED, BY THE WAY.
WHAT ARE WE SEEING IN THE FOREGROUND OF THAT PICTURE? THIS, YEAH, THIS IS THE DECK ALREADY BUILT.
HE STARTED BUILDING IT WITHOUT REALIZING HE COULDN'T
BUT THEREFORE WE DON'T HAVE TO.
WE DON'T HAVE, WE DON'T HAVE TO IMAGINE IT.
AND THE STREET HERE IS TO THE RIGHT.
THE, THE STREET HERE IS YES TO THE RIGHT HERE.
YOU'RE, I'M STANDING ON COCHRANE TAKING THIS PICTURE.
AND THEN THIS IS KIND OF BETWEEN FAIRMONT AND SORT OF THE DECK AREA.
UM, THE FOURTH FACTOR IS WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT.
AND I THINK I WAS TOLD THAT THE DETERMINATION WAS IT'S COMPLETELY WITHIN CODE AND THERE'S NO ISSUES.
WELL, I THINK THAT THAT WAS IN REGARDS TO COVERAGE.
SO IT'S, IT'S, IT'S BEING, THERE'S A NOW YEAH, THAT'S, BUT BUT, BUT THEY ARE WITHIN THEIR LIMITS OF IMPERVIOUS ACROSS THEIR ENTIRE SITE.
SO THEY'RE ALSO REQUIRED TO MITIGATE STORMWATER AS WELL AS PART OF ANY CONSTRUCTION.
SO CORRECT ON THE IMPERVIOUS ISSUE, THEY MAYBE HAVE SOME IMPERVIOUS, UH, MATERIAL IN A NON-COMPLIANT PLACE, BUT OVERALL THEY'RE COMPLIANT FOR THEIR SITE.
[00:30:01]
I THINK THE ARGUMENT FOR THIS ONE IS THAT THE TREES AND THE RETAINING WALL AND THE GRADE MAKE IT MINIMALLY IMPACTFUL.AND THE LAST ONE IS WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED, WHICH CONSIDERATION SHALL BE RELEVANT TO THE DECISION OF THE BOARD OF APPEALS, BUT SHALL NOT NECESSARILY PRECLUDE THE GRANTING OF THE AREA VARIANCE.
AND THIS ONE, WE OFTEN DISCUSS THAT ALMOST EVERYTHING IS SELF-IMPOSED.
YOU'RE WANTING TO HAVE A DECK IN A PERGOLA, BUT I GUESS WE CAN UNDERSTAND WHY MAYBE.
AND I, I THINK GIVEN THAT THEY'RE WITHIN THE IMPERVIOUS LIMIT FOR THE SITE, THE IDEA IS THAT THERE, THE AMOUNT THAT COULD BE DEVELOPED IS DIFFICULT TO FIT WITHIN THE SETBACKS.
SO IN TERMS OF SELF-CREATED, MAYBE SOMEWHAT CREATED BY THE TOPOGRAPHY CONSPIRACY OF TOP TOPOGRAPHY AND THE NEED FOR A DECK.
YEAH, I MEAN, I THINK, UM, MAYBE WE, WELL I THINK WE'VE TALKED, UH, IN THE LAST FEW BOARD MEETINGS WITH 11 ELM ABOUT, UM, WHAT CAUSES VARIANCES.
AND ONE OF THE THINGS WE RECOGNIZE THAT CAUSE VARIANCES ARE IRREGULAR SITES, IRREGULAR GRADES, IRREGULAR SHAPES, AND YOU HAVE ALL OF THOSE.
SO I THINK THIS IS A REASONABLE CONFERENCE CON, UH, REQUEST FOR VARIANCE ON THAT FRONT.
AND WE'RE JUST BALANCING OUT AGAINST, WHICH IS OUR JOB, UH, YOU KNOW, ANY DETRIMENT TO ANY OF THE NEIGHBORS OR THE NEIGHBORHOOD.
AND I THINK THAT'S ULTIMATELY THE QUESTION.
I, THE VILLAGE ATTORNEY INDICATED THAT YOU COULD ASK FOR A STRAW POLL.
UH, WOULD YOU LIKE TO DO THAT? SURE.
UM, I, IF IT'S OKAY, I WOULD SAY ON THE FIRST VARIANCE, THE COVERED ENTRY, UM, I WOULD VOTE TO APPROVE ON THE COVERED ENTRY.
AND ON THIS ONE, UM, MEANING THE VARIANCES RELATED TO THE DECK AND THE PERGOLA, WOULD YOU LIKE TO GO FIRST? NO,
I, I THINK ULTIMATELY I, I THINK ULTIMATELY I WOULD VOTE TO APPROVE.
I WOULD, BUT I WONDER IF WE COULD HAVE SOME SORT OF A CAVEAT ABOUT THE GREENERY.
YOU, YOU WANT TO LIMIT IT WHERE YOU WANT TO INSIST ON IT, INSIST ON IT, LET YOU KNOW, PARTICULARLY THAT'S PART OF THE WHOLE IDEA.
SO COULD WE PUT THAT IN AS A CONDITION FOR THE APPROVAL? A HUNDRED PERCENT.
I MEAN, YOU KNOW, THE IDEA WAS TO GROW VINES THAT AREN'T GONNA BE THERE RIGHT AWAY.
SO THOSE TAKE YEARS TO COME ACROSS, I THINK.
DO YOU TN, IS THAT OKAY? DID YOU HAVE A THOUGHT ON WHETHER THAT'S A REASONABLE, SPECIFIC CONDITION THAT THEY, THAT THEY PLANT GREENERY ON, ON THE PERGOLA? MM-HMM
ARE YOU WILLING TO AGREE? OH YEAH.
I MEAN THAT'S PART OF, THAT WAS ALREADY PART OF THE PLAN, YEAH.
BUT JUST GREENERY ON PERGOLA, LIKE TO HELP CAMOUFLAGE WITH THE NATURAL ENVIRONMENT, SOMETHING TO THAT EFFECT FOR THE CHARACTER OF THE NEIGHBORHOOD.
AS LONG AS THE PROXIMITY TO THE NEIGHBOR.
IN THAT CASE, IF, IF THAT'S WHAT YOU WANT, WE WILL PROCEED AND WE WOULD NEED A MOTION TO APPROVE THESE VARIANCES.
MOTION TO APPROVE IN THE CASE NUMBER 10 26.
I'M JUST, I READ WHAT I'M TOLD.
UH, CASE NUMBER 1126, UH, AL AND PATEL, TWO FAIRMOUNT AVENUE RELIEF FROM THE STRICT APPLICATION OF THE VILLAGE CODE SECTION 2 95, 68, F1 A AND C WITH TWO NINE ON THE ROUND PERGO WITH 2 95 20 F FOR THE CONSTRUCTION OF A NEW COVERED FRONT ENTRY AND SIDE YARD DECK AND PERGOLA AT THEIR SINGLE FAMILY DWELLING LOCATED AT TWO FAIRMONT AVENUE.
SAID, PROPERTY IS LOCATED IN THE DR 10 ZONING DISTRICT AND IS KNOWN AS SBL 4 1 21 25 DASH 21 IN THE TOWN OF GREENBURG.
TAX MAPS NONCONFORMITY DETAILS ARE AS FOLLOWS, FRONT YARD SETBACK TO COVERED ENTRY, EXISTING 14.8 FEET.
PROPOSED 14.1 FEET REQUIRED 30 FEET, 2 9 5 68 F1 A VARIANCE REQUIRES 15.9 FEET.
UM, TWO SIDE YARD SETBACK ON A CORNER, LOT TO DECK AND PERGOLA EXISTING NA PROPOSED 8.7 FEET REQUIRED 30 FEET 2 9 5 68 F1 C WITH 2 9 5 20 F VARIANCE REQUIRED.
JUST WANT TO ADD THE CONDITION.
WITH THE CONDITION, THANK YOU.
WITH THE CONDITION THAT THE APPLICANT WILL, THAT THE PERGOLA, THE PROPOSED PERGOLA WILL INCLUDE PLANTINGS AND GREENERY.
[00:35:01]
THAT THE PROPOSED PERGOLA WILL USE GREENERY TO HELP IMPROVE THE CHARACTER OF THE NEIGHBORHOOD, ANY VISUAL IMPACTS ASSOCIATED THEREWITH.DO WE HAVE A SECOND? I'LL SECOND.
[Case No. 10-26]
ALRIGHT.UM, NEXT WE LOOKS LIKE, UM, WE HAVE EVERYBODY FOR THE FIRST CASE, SO WE'LL REVERT BACK TO 10 26.
DEREK TARCI AND LAUREN, TAKE CARE.
UM, WE WERE JUST SAYING EARLIER THAT THIS CASE HAS, HAS BEEN HERE FOR A COUPLE OF MONTHS.
UM, WE WERE ABLE TO, UH, ACT ON THE MOST OF THE VARIANCES.
THERE WAS ONE LEFTOVER THAT NEEDED TO BE ADJUSTED AND HOW IT WAS NOTICED.
UH, AND THAT REMAINING VARIANCE BUDDY LEAVE KNOW THE, IS WHAT'S IN FRONT OF US TODAY.
AND, UM, AS WE MENTIONED BEFORE, ALTHOUGH THERE HAS BEEN SOME MOVEMENT OF BOARD MEMBERS, EVERYONE HERE HAS BEEN AT LEAST TO ONE OF THE HEARINGS ON 11 ELM.
SO, UH, THERE SHOULD BE GENERAL FAMILIARITY WITH THE PROJECT.
GOOD EVENING, RIGHT? TAKE THIS MY SYSTEM, OR IT DOESN'T.
SO MAYBE IN THE INTEREST OF TIME, IF IT'S OKAY, UM, IF YOU COULD JUST, UH, UPDATE US ON WHAT NUMBERS CHANGED AND WHAT THEY CURRENTLY ARE.
I'M THE ARCHITECT FOR 11 OUTPLACE.
AND, UH, UM, AS, UM, YOU JUST MENTIONED, UM, WE HAVE, UM, ORIGINALLY CAME, UH, WITH THE APPLICATION IN JULY, AND THEN WE MADE A NUMBER OF CHANGES AND CHANGED THE DESIGN SO THAT, UM, UH, WE SORT OF, UM, UM, INCORPORATED THE INPUT THAT THE BOARD PROVIDED.
AND NOW WE DID THE SAME THING.
WE ACTUALLY, UH, CHANGED THE PROPOSED DESIGN SO THAT, UM, WE WOULDN'T INCORPORATE THE FEEDBACK WHICH WE WERE GIVEN LAST TIME.
UM, IN THE COURSE OF THE LAST MEETING, UM, IT BECAME, UM, UM, WE DISCUSSED THAT, UM, THE NUMBERS THAT NEEDED TO BE INCORPORATED IN THE ZONING ANALYSIS WERE THE EXISTING GARAGE STRUCTURE, WHICH WAS NOT COUNTED AGAINST THE FAR, UM, UH, TOTAL, UM, COVERAGE OR TOTAL FAR.
AND AT THE SAME TIME, UM, IN THE PROPOSED PORTION OF THE DESIGN, THE ENCLOSED PORCH, UH, WAS NOT COUNTED EITHER.
AND SO, UM, UM, THIS RESULTED IN A CHANGE OF NUMBERS.
UM, THE ENCLOSED PORCH REPRESENTS 220 SQUARE FEET AND, UH, UM, THERE'S ALSO STEPS THAT ARE 22 SQUARE FEET, BUT THE STEPS ARE AN OPEN STRUCTURE, SO THEY DO NOT COUNT AGAINST THE FLOOR AREA RATIO.
SO THE QUESTION IS WHAT TO DO WITH THE 220 SQUARE FEET.
SO, UM, AS WE DESCRIBED IN THE LETTER, UM, WE DECIDED NOT TO ADD THIS QUANTITY OF, OF AREA INTO THE TOTAL NUMBER BECAUSE WE WERE ALREADY ABOVE THE REQUIRED FLOOR AREA RATIO.
INSTEAD, WE ACTUALLY MADE THE HOUSE SMALLER.
SO WE TOOK 220 SQUARE FEET AND WE SUBTRACTED FROM THE FIRST FLOOR AND THE SECOND FLOOR AND THE THIRD FLOOR.
AND, UM, UM, IF YOU LOOK AT THE FIRST FLOOR, THE ADDITION PREVIOUSLY WAS, UH, UM, UP TO HERE AND WE TOOK THIS KITCHEN ADDITION AND MADE IT THREE FEET SHORTER.
IN ADDITION, WE TOOK 14 INCHES OFF OF THE SIDE OF THE KITCHEN AND MADE IT SMALLER AS WELL.
SO WE WENT FROM THE DOTTED LINE TO WHERE YOU SEE THAT KITCHEN WALL TODAY.
AND THIS RESULTED IN SAVINGS OF 76 SQUARE FEET OF THE FLOOR AREA ON THE FIRST FLOOR.
THEN WE WENT TO THE SECOND FLOOR AND WE CHANGED THE SECOND FLOOR, THE
[00:40:01]
PROPOSED PRIMARY SUITE FROM THE DOTTED LINE THAT YOU SEE HERE, UM, INTO THE STRUCTURE THAT IS SHOWN HERE.SO WE WENT THREE FEET, NINE BACK FROM THE YARD SIDE, AND WE WENT COUPLE OF FEET BACK ON EITHER SIDE, WHICH, UH, REALLY HAD A SUBSTANTIAL IMPACT ON THE PRIMARY SUITE BECAUSE INSTEAD OF THE BEDROOM AND TWO WALKING CLOSETS, WE ARE DOWN TO THE BEDROOM AND A SINGLE WALKING CLOSET.
SO WE, WE GAVE UP SOME FUNCTIONALITY IN THIS SPACE AS WELL.
AND THEN ON THIS REPRESENTS, UM, 124 SQUARE FEET.
SO THE, UM, SORT OF THE SHRINKAGE OF THE SECOND FLOOR, UM, RESULTED IN SAVINGS OF 124 SQUARE FEET.
AND THEN WE WENT INTO THE ATTIC AND EXCLUDED AN AREA OF 20 SQUARE FEET.
AND, UH, UM, BETWEEN THE, THE ATTIC, THE SECOND FLOOR AND THE FIRST FLOOR ALTOGETHER, WE SAVED 220 SQUARE FEET, KEEPING THE ORIGINAL FLOOR AREA RATIO PROPOSAL INTACT.
THERE WAS IN FACT NO RE NOTICING, UH, BECAUSE THE NUMBERS ACTUALLY WERE THE SAME, ARE THE SAME, EXCEPT THE HOUSE IS NOT THE SAME.
SO IF YOU, FOR EXAMPLE, IF YOU LOOK AT THE ELEVATIONS, UH, YOU WILL SEE THAT THE ORIGINAL PROPOSAL WAS HAPPENING WHERE THE DOTTED LINE IS, AND THE NEW PROPOSAL IS THE 14 INCHES BACK.
AND THEN, UM, YOU LOOK AT THE REAR ELEVATION, YOU CAN ALSO SEE THE, UM, THE, THE PREVIOUS OUTLINE OF THE SECOND FLOOR AND THE FIRST FLOOR, AND YOU SEE THE PROPOSED OUTLINE.
AND THEN SORT OF MOST PROBABLY DRAMATICALLY, YOU CAN SEE IT IN THE SIDE ELEVATION WHERE, UM, THE PROPOSED ADDITION WAS THREE FEET FORWARD FROM THE FIRST FLOOR, WHICH WAS THREE FOOT NINE ON THE SECOND FLOOR, BECAUSE THERE WAS A SLIDE OVERHANG.
AND AS YOU CAN SEE, THE LOCATION OF THIS WALL IS NOW HERE.
SO, UM, YOU KNOW, THERE'S A VISIBLE, UM, DIMINISHMENT IN THE VOLUME AND IN THE BULK OF THE HOUSE WHILE KEEPING THOSE, UM, FLOOR AREA RATIOS THE SAME.
UM, WHAT WE ALSO WANT TO, UM, TALK ABOUT IS THAT, UM, THE VARIOUS OF 465 SQUARE FEET REALLY CONSISTS OF ONLY 40 SQUARE FEET OF THE ACTUAL STRUCTURE AND OF 220 SQUARE FEET OF THE RES PORCH AND 204 SQUARE FEET OF THE ATTIC.
AND, UH, UM, THESE STRUCTURES ARE, TAKE A MOMENT ALWAYS HAPPENS WHEN I TALK TOO MUCH.
SO IF WE IMAGINE THAT, UM, THE PORCH WOULD BE AN OPEN PORCH, IT WOULD, THE ENVELOPE WOULD STILL BE THERE, THE ROOF WOULD BE THERE, THE, THE FLOOR WOULD BE THERE, THE PERIMETER WOULD BE THERE, BUT IT WOULDN'T COUNT.
SO BY ENCLOSING IT, THERE'S NOT REALLY A SUBSTANTIAL DIFFERENCE IN BULK.
IT IS A DIFFERENCE IN NUMBERS.
SAME THING HAPPENS IN THE ATTIC WHERE THIS IS AN EXISTING FLOOR PLATE AND WE'RE ADDING DORMERS.
THE DORMERS ARE BELOW THE EXISTING ROOF.
THEY ARE NOT A MASSIVE CHANGE TO THE ELEVATION, AND THAT'S WHERE THE OTHER 200 SQUARE FEET HAPPENS.
SO, UM, IT'S KIND OF, IT'S A, UH, IT'S A FLOOR AREA WHICH KIND OF HAPPENS TO BE HIDING IN A PLAIN SIGHT.
IT'S NOT THE SAME AS, UM, AN ADDITION THAT ACTUALLY IS A, A BRAND NEW VOLUME AND AN ENVELOPE.
SO THAT'S ONE, YOU KNOW, UM, ASPECT WE WANTED TO TOUCH ON.
THE OTHER ASPECT IS THE SIZE OF THE HOUSE RELATIVE TO ITS CONTEXT.
UM, AND WE CAME BACK WITH ADDITIONAL INFORMATION.
UM, YOU KNOW, THERE WAS A CONVERSATION LAST TIME.
THERE ALWAYS IS A, UM, LARGEST HOUSE ON THE BLOCK.
HOWEVER, IN THIS CASE, IN FACT, IT IS DEFINITELY NOT THIS HOUSE.
UM, WE, UM, AS, AS EVERYBODY IS
[00:45:01]
FAMILIAR, IT IS, UM, REQUIRED AND TYPICAL TO NOTICE THERE 300 FEET RADIUS OUT OF, OUT OF THE PROPERTY, AROUND THE PROPERTY.AND, UM, LOOKING AT THIS AREA, YOU CAN SEE THE HOUSES IN THE YELLOW THAT ARE EITHER PRETTY MUCH THE SAME OR BIGGER THAN THIS HOUSE.
AND IF YOU LOOK CLOSELY AT THIS CHART, THERE ARE, YOU MAY HAVE, AND DEPENDING IF YOU LOOKED AT THE BLUEPRINTS OR, OR THE PDF, UM, IN BLUE COLOR, HERE ARE THE HOUSES WHICH ARE IN THE IMMEDIATE VICINITY.
AND WHILE WE'RE AT 3,200 SQUARE FEET IN TERMS OF THE SQUARE FOOTAGE, THERE ARE OTHER HOUSES THAT ARE 3,400, 3000, 3,600, 4,000, 5,000, 3800, 7900.
AND EVEN THEIR FAR RATIOS ARE IN FACT HIGHER THAN WHAT WE HAVE.
SO WE SORT OF LOOKED AT IT TWO WAYS.
ONE IS THIS BIG BUBBLE AND THE OTHER, OR THE NEIGHBORS THAT ARE DOWN THE, DOWN THE BLOCK AND DOWN THE STREET, MEANING THESE HOUSES HERE, RIGHT NEXT TO 11 ELM.
AND IN BOTH CASES WE LOOKED AT NOT ONLY AT THE, UM, FAR NUMBERS, WHICH DON'T NECESSARILY PROVIDE A FULL PICTURE BECAUSE AS WE KNOW, EVERY LOT DEPENDING ON ITS SIZE, HAS A DIFFERENT FAR REQUIREMENT.
BUT WE ALSO LOOKED AT A SORT OF A PERCENTAGE OF A PERCENTAGE, WHICH IS LIKE THE DEGREE OF COMPLIANCE.
AND, UM, THAT TELLS US THAT, UM, THIS HOUSE IS BETWEEN THE REQUIRED AND THE PROPOSED SQUARE FOOTAGE IS AT ABOUT 116 SQUARE FEET OF THEIR REQUIREMENT, WHEREAS THE NEIGHBORS ARE AT A HUNDRED SEVENTEEN, A HUNDRED EIGHTEEN, A HUNDRED TWENTY 7%, AND THERE ARE OTHER HOUSES THAT ARE BASICALLY AT A SIMILAR, UM, PERCENTAGE.
SO IT'S NOT REALLY, YOU KNOW, UH, WE CAN TALK MATH AND SCIENCE, BUT WHAT HAPPENS IS THIS NEIGHBORHOOD WAS BUILT 120 YEARS AGO AT A CERTAIN DENSITY.
AND THE, UM, FAR REQUIREMENT WAS WRITTEN SIX YEARS AGO IN 2020.
SO, UM, TO HAVE A HOUSE THAT FITS INTO THIS NEIGHBORHOOD, UM, IT IS NOT SURPRISING THAT, UM, ALL THOSE NUMBERS CONSISTENTLY THROUGHOUT THE NEIGHBORHOOD ARE, ARE HIGHER THAN WHAT THE CODE CALLS FOR TODAY.
UM, SO, UM, SOME OF YOU HAD A CHANCE TO WALK THROUGH THE NEIGHBORHOOD, YOU KNOW, AND, AND, UM, UH, WE FEEL THAT IF YOU WALK THROUGH THE NEIGHBORHOOD, YOU WOULD NOT GET A SENSE THAT, UM, SOMETHING WOULD BE AMISS IF THIS ADDITION IS BUILT AS PROPOSED.
UM, IT IS A VERY IMPORTANT REQUIREMENT.
WE HAVE ALL SEEN HOUSES THAT HAVE BEEN BUILT IN THE RECENT PAST IN THE VILLAGE WHERE SUDDENLY THERE'S SOMETHING INCREDIBLY LARGE AND BULKY AND EVERYBODY'S WONDERING WHERE IT CAME FROM.
SO IT'S A GOOD THING THAT HASTINGS ENACTED THIS, UM, RULE.
BUT AT THE SAME TIME, IN THIS CASE, WE HAVE A HOUSE THAT IS PRACTICALLY NOT CHANGING FROM THE FRONT.
UM, THERE'S AN ADDITION IN THE BACK THAT LINES UP WITH THE NEIGHBORS AND THE NUMBERS ARE WITHIN OTHER NUMBERS THAT ARE HAPPENING IN THE NEIGHBORHOOD.
SO WE FEEL THAT, UM, IT WOULD BE PERFECTLY APPROPRIATE TO, YOU KNOW, GO WITH THIS VOLUME.
ANY QUESTIONS FROM THE BOARD? I DO HAVE ONE.
DID YOU, UH, REMEMBER THERE WAS A DISCUSSION LAST TIME ABOUT THE, UM, SQUARE FOOTAGE OF THE GARAGE BEING ACCOUNTED FOR.
DID YOU MENTION THAT I, I MISSED IT IF YOU DID.
SO I HAVE NOW INCLUDED IT IN THE ZONING ANALYSIS, THE DEDUCTION.
UM, SO, UM, YOU CAN SEE THAT, UM, UM, THE EXISTING GARAGE HAS BEEN ADDED TO THE MIX.
SO THE SORT OF THE INCREASE FROM EXISTING TO THE PROPOSED IS SUBSTANTIALLY LESS BECAUSE THE 4 0 3 WASN'T COUNTED BEFORE, BUT NOW IT'S COUNTED UNDER EXISTING.
UH, IS THERE ANYONE FROM THE PUBLIC WHO WISHES TO SPEAK ON THIS PROJECT? DID WE RECEIVE ANY LETTERS OR MAILINGS? WE DID NOT.
UM, IF IT'S OKAY, I'M GONNA SUGGEST THAT WE JUST GO THROUGH THE FACTORS ON THIS ONE AND SEE WHERE
[00:50:01]
WE NET OUT.SO, WHETHER AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING OF THE AREA OF VARIANCE.
ANY THOUGHTS OR CONCERNS ABOUT THAT? THIS ONE WE DISCUSSED THIS LAST TIME.
I THINK REMOVAL OF THE GARAGE ALONE OPENS UP A LOT OF THE SPACE THAT THE VISUAL IMPACT OF THE ADJUSTMENT TO THE BULK, I THINK IS LARGELY OFFSET BY THAT.
YEAH, AND I ALSO THINK THAT, I THINK YOU MADE THIS POINT, I DON'T THINK THAT MOST PEOPLE WALKING BY WILL WOULD SAY IT'S BULKIER THAN IT WAS.
I THINK IT'S, THAT'S A REASONABLE ARGUMENT.
ANY THOUGHTS OR, WELL, YEAH, I APPRECIATED THE CHANGES THAT YOU MADE ON, ON THE PLANS IN ORDER TO GET TO THAT RESULT.
SO YEAH, THAT'S JUST A COMMENT, NOT A QUESTION.
UH, WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME METHOD FEASIBLE FOR THE APPLICANT TO PURSUE OTHER THAN AN AREA OF VARIANCE? UH, AGAIN, I THINK YOU, UM, I THINK IT WAS IMPORTANT TO NOTE THAT THE BULK OF THE VARIANCE IS, UM, IN THE ENCLOSURE OF THE PORCH AND IN THE ADDITIONAL ATTIC SPACE.
AND THOSE ARE OBVIOUSLY THINGS THAT WERE WEIGHING THE BENEFIT GENERALLY TO THE APPLICANT VERSUS THE NEIGHBORHOOD.
I THINK IT'S FAIR TO SAY THAT THOSE HAVE BIG BENEFITS FOR THE APPLICANT AND NOT MUCH DETRIMENT TO THE NEIGHBORHOOD.
WHETHER THIS PORCH WAS ENCLOSED OR NOT ENCLOSED ISN'T GONNA CHANGE THE ROOF LINE OR THE BULK OR THE EXPERIENCE OF THE NEIGHBORS.
SIMILARLY, THE SUBTLE CHANGES TO THE ROOF LINE TO GET USABLE SPACE IN THE ATTIC BECAUSE THEY'RE UNDER THE HEIGHT REQUIREMENTS AND THE BULK REQUIREMENTS, I THINK ARE FAIR AND REASONABLE.
SO AGAIN, I THINK THIS IS A BENEFIT THOUGHT, THOUGHT IN A WAY NOW THAT, UM, I THINK IS FEASIBLE AND REASONABLE IN THE BALANCE.
AND ALSO THE APPLICANT DID CONSIDER REDESIGNS TO GET TO THIS RESULT.
UH, WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL, I APPRECIATE THE NEIGHBORHOOD STUDIES, UM, GIVEN THE IMPORTANCE OF CONTEXT IN EVERY PROJECT, BUT PARTICULARLY IN A TIGHT OR COMMUNITY LIKE THIS.
UM, AND, YOU KNOW, WITHOUT AUDITING, UM, EVERY, EVERY NUMBER IN HERE, I THINK IT MAKES A CONVINCING ARGUMENT THAT, UM, THERE'S THAT CONTEXTUALLY YOU'VE TAKEN INTO ACCOUNT, UM, THE FABRIC OF THE EXISTING NEIGHBORHOOD.
UM, ALTHOUGH THAT'S SLIGHTLY OFF TOPIC, ISN'T IT? WELL, VERY SUBSTANTIAL, BUT I THINK IT'S ALL ALL IN THE SAME DIRECTION.
AGAIN, YOU, YOU AND I ARE NOT GONNA AGREE ABOUT MATH 'CAUSE I'M GONNA SAY AGAIN ON THE RECORD THAT WHILE EVERYTHING YOU SAID ABOUT THE AGE OF THE BUILDING AND THE SUBSEQUENT ZONING LAWS ARE ALL TRUE, YOU HAVE A 10,000 SQUARE FOOT LOT.
FAR IS JUST A 7500, 7500 SQUARE FOOT LOT, WHICH IS THE REQUIREMENT FOR THE YES.
SO I MISSPOKE, BUT YOU HAVE A COMPLIANT LOT AND THE WAY FAR WORKS IS IT'S JUST A MULTIPLIER OF YOUR LOT.
SO YOU ARE ALREADY GETTING THE COMPLIANT AMOUNT OF FAR.
HAVING SAID THAT, UM, I THINK IF YOU BUY THE LOGIC THAT SOMETHING LIKE 424 SQUARE FEET, 20, SOMETHING LIKE THAT, OF THE 465 ARE THE TWO THINGS THAT WE JUST TALKED ABOUT, THE PORCH AND THE ATTIC, THEN INSTEAD OF 465 SQUARE FEET, WHICH COULD BE ARGUED AS SUBSTANTIAL, YOU'RE REALLY ASKING FOR 40 SQUARE FEET.
AND THAT I THINK MEETS THE, UM, THE REQUIREMENT OF BEING SOMEWHAT DI MINIMIS, ALTHOUGH WE HATE THAT WORD, BUT IS, IS IT DEFINITELY A SMALLER, NOT SUBSTANTIAL.
UM, SO AGAIN, THAT TO ME THE COMPELLING ARGUMENT IS NOT THE MATH 'CAUSE I DON'T THINK THE MATH HELPS YOU, BUT THE COMPELLING ARGUMENT IS THAT IN THE BALANCE OF BENEFIT, YOU'RE ASKING FOR VERY LITTLE, UH, WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT.
ANY CONCERNS? YOU TOUCHED ON THAT A LITTLE BIT.
AND FINALLY, WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED.
AGAIN, YOU KNOW, YOU WANT AN ENCLOSED PORCH, YOU MOVED IT FROM ONE SIDE OF YOUR HOUSE TO THE OTHER, YOU WANNA BE ABLE TO USE YOUR ATTIC.
THAT SEEMS LIKE REASONABLE THINGS.
UH, MAY WE HAVE A MOTION? I'LL MAKE IT ALL RIGHT.
MOTION, UH, RELATED TO CASE NUMBER 10 DASH
[00:55:01]
26, DEREK TARZI AND LAUREN LINDSTROM, 11 ELM PLACE RELIEF FROM THE STRICT APPLICATION OF THE VILLAGE CODE SECTION 2 95 DASH 53.UH, ONE FOR PROPOSED TWO STORY EDITION, THIRD FLOOR MODIFICATION, FRONT PORCH, NEW DRIVEWAY, NEW DECK, SWIMMING POOL AND STORAGE SHED AT THEIR SINGLE FAMILY DWELLING LOCATED AT 11 ELM PLACE.
SET PROPERTY IS LOCATED IN THE R SEVEN, UH, 0.5 ZONING DISTRICT AND IS KNOWN AS SBL FOUR POINT 40 DASH 35 DASH NINE ON THE TOWN OF GREENBURG TAX MAPS.
THE NONCONFORMITY DETAILS FOR THE PROPOSED WORK, UH, THAT IS WITHIN THIS MOTION ARE AS FOLLOWS, THE FAR EXISTING 0.289, PROPOSED 0.3437, UH, REQUIRED MAXIMUM 0.375, VARIANCE REQUIRED POINT, UM, 0 6 2.
DID I MAKE A MISTAKE? NO, I BELIEVE THE EXISTING FAR ISN'T IT 0.343 AS RECALCULATED.
THAT MIGHT HAVE JUST BEEN A TYPO ON THE CURRENT AGENDA, WHICH DOESN'T AFFECT ANY OF THE NOTICING.
THE PROPOSED FAR IS, UH, I COULD BE WRONG.
THE EXISTING, THE EXISTING, THE EXISTING JUST HAND LEFT A LITTLE.
THE EXISTING FAR IS 34 AND 0.3, SO IT'S JUST, IT'S JUST MISPRINTS ON THE AGENDA.
IT'S 0.343, BUT IT DOESN'T AFFECT ANYTHING.
IT'S JUST TYPE WRONG ON THE AGENDA.
DO WE NEED A SECOND? CAN WE HAVE A SECOND PLEASE? SECOND.
I DON'T KNOW WHAT YOU GUYS ARE GONNA DO NEXT MONTH, BUT WE'LL MISS YOU
AND NOW I WAS GONNA SAY THE SAME THING.
THANK YOU SO MUCH FOR YOUR THOROUGH REVIEW AND I WILL MISS YOU NEXT MONTH.
HOWEVER, BEFORE I LEAVE, I HAVE A QUESTION FOR THE BOARD.
UM, AND I MAY BE, AND YOU KNOW, JUST WANT TO SAY WE APPRECIATE THE APPROVAL AND WE'RE HAPPY THAT WE CAME TO A POINT WHERE EVERYBODY CAN LIVE WITH IT.
UH, AND I MAY BE TAKING THIS INTO AN UNCHARTED TERRITORY, BUT HERE'S A QUESTION.
UM, SINCE WE, UM, MADE THIS, UH, UM, SINCE WE MADE THIS, UM, ADDITION SMALLER, RIGHT? AND WE, AS I DESCRIBED, WE MADE THE FIRST FLOOR SMALLER, SECOND FLOOR, THIRD FLOOR SMALLER.
SO WHAT HAPPENED WAS, UH, AS YOU CAN SEE IN THE DRAWING, WE SHRUNK THE FIRST FOUR EDITION 76 SQUARE FEET.
UM, HOWEVER, LAST MONTH WE RECEIVED AN APPROVAL FOR THE, UM, DEVELOPMENTAL COVERAGE, WHICH IS NOW 76 SQUARE FEET LARGER THAN WHAT WE HAVE TODAY BECAUSE WE JUST SUBTRACTED PART OF THE STRUCTURE AND AS MUCH AS WE WORKED TOWARDS THE APPROVAL WE DID IN THE PROCESS, UM, LOSE SOME FUNCTIONALITY, SOME USABILITY, SOME BENEFIT TO MY CLIENTS.
AND SO THE QUESTION WE HAVE AT THIS POINT IS COULD WE KEEP THE 76 SQUARE FEET THAT WAS APPROVED FOR THE DEVELOPMENTAL COVERAGE AND ADD IT TO THE TWO SHEDS, WHICH WE HAVE IN THE PROJECT, WHICH STARTED OUT BIGGER THAN THEY SHRUNK, UH, WHICH DO NOT COUNT AGAINST THE FAR, BUT, YOU KNOW, PROVIDE A, A SIGNIFICANT BENEFIT TO MY CLIENTS IN TERMS OF THEIR STORAGE CAPABILITIES.
WE HAD A POOL SHED THAT WE COMPLETELY SUBTRACTED, WE SHRUNK BOTH OF THESE AND WE WOULD LIKE TO EXPAND THEM TO BE AT THE DEVELOPMENTAL COVERAGE THAT WE ALREADY HAVE AN APPROVAL FOR WITHOUT IMPACTING THE FAR.
I'M GONNA PUT THIS ONE TO THE VILLAGE ATTORNEY.
ALRIGHT, I FIGURED YOU WOULD
SO DEVELOPMENT COVERAGE, YOU ARE ALLOWED TO GO UP TO WHATEVER YOU WERE APPROVED FOR LAST MONTH.
THAT BEING SAID, I BELIEVE THE SHEDS DO COUNT TOWARDS FAR BY LOOKING AT THE DEFINITION OF FAR.
THEY, THEY DON'T BECAUSE THEY'RE BELOW SEVEN FEET HEIGHT.
WE HAD THIS CONVERSATION WITH MR. MOZ.
THEN AS LONG AS YOU'RE, YOU CAN REALLOCATE THAT AS YOU SEE FIT AS LONG AS YOU'RE NOT, UH, EXCEEDING THE THRESHOLD OF YOUR, OF YOUR APPROVALS.
AND AGAIN, IF YOU INCREASE THE, THE SHED SIZE, WATCH OUT FOR THE SETBACKS AND SO ON AND SO FORTH.
THE SETBACKS WOULD NOT BE AFFECTED.
NONE OF THE APPROVALS ARE AFFECTED IN ANY WAY.
YEAH, BECAUSE DEVELOPMENT COVERAGE IS LIKE A TOTALITY OF THE CIRCUMSTANCES KIND OF A THING.
HOW MANY SQUARE FEET WAS THAT, DID YOU SAY? IT'S, UH, WE HAVE 70 AND YOU'LL NOW SPLIT AMONGST THE TWO SHEDS.
[01:00:01]
AND WE'RE ACTUALLY, UH, I'M SHOWING 70, SO IT'S ACTUALLY STILL SIX FEET BETTER THAN OKAY.BETTER THAN WHAT WE HAVE THE APPROVAL FOR.
SO I WOULD SAY JUST CONFIRM THAT WITH, WITH MR. MENZI WHEN HE IS BACK IN THE OFFICE.
BUT I DON'T SEE WHY YOU SHOULDN'T BE ABLE TO DO THAT.
I ACTUALLY DID TOUCH ON THAT WITH MR. MINNOW WHEN I SUBMITTED THE PLANS AND HE SAID YES, THAT'S SOMETHING THAT SHOULD BE DISCUSSED.
[Case No. 12-26]
ALRIGHT, NEXT UP WE HAVE, UH, CASE NUMBER 1226, JONATHAN AND LAUREN EIDE, 61 ROSEDALE AVENUE.UH, MY WIFE IS UNABLE TO ATTEND.
SHE'S AT A WORK EVENT, BUT I'M HERE WITH OUR EDAY, UH, MY WIFE AND I OWN 60 ON ROSEDALE, WHICH IS ON THE CORNER OF ROSEDALE AND MARYLAND.
UM, WE ARE HERE TO, IT JUST POPPED UP ON THIS SIDE.
SO WE ARE HERE ASKING FOR A VARIANCE FOR THE PROPOSED TWO CAR GARAGE OVER THE EXISTING DRIVEWAY.
WE ARE, THAT GIVES US ABOUT THE BEGINNING OF THE GARAGE, ABOUT 20 FEET AWAY FROM THE STREET.
UM, SHOW YOU THE, THIS IS THE AREA.
UM, SO WHERE THE PROPERTY LINE ENDS, THERE'S STILL AN ADDITIONAL ABOUT NINE FEET BEFORE WE GET TO MERRILL STREET.
UM, EVERYTHING ELSE CONFORMS EXCEPT FOR THE SETBACK FROM MERRILL STREET AND THE, EXCUSE ME, THE PROPERTY LINE ON MERRIL STREET.
AND HERE IS A PICTURE OF THE GARAGE, OR EXCUSE ME, FOR THE PROPOSED GARAGE AREA.
THAT'S THE DRIVEWAY AS LOOKED AT BY MERRILL STREET, UM, FACING WEST.
UM, THE GARAGE FROM HERE WOULD START, SO MY PROPERTY LINE IS WHERE THE CORNER OF THE FENCE IS, KIND OF CUTS DIAGONALLY ACROSS.
UM, AND THE GARAGE WOULD START ABOUT HALFWAY BACK.
UM, REASONING FOR US TO NOT GO ALL THE WAY BACK IS OUR BACKYARD IS RIGHT BEHIND WHAT THE BASKETBALL GROUP IS.
UM, IT'S WHERE HE'S CONSISTENTLY PLAYING SOCCER AND HE'S HERE TO GIVE YOU PUPPY DOG GUYS TO NOT TAKE AWAY HIS SOCCER PITCH
UM, SO IF WE GO THE FULL 25 FEET BACK FROM THE PROPERTY LINE, IT PUTS IT ABOUT HALFWAY THROUGH OR A LITTLE FURTHER THAN HALFWAY THROUGH THE BACKYARD.
UM, SO REALLY NOT MUCH ELSE WE CAN DO IN TERMS OF, UH, GETTING SOMETHING SMALLER.
UH, WHERE THE GARAGE WILL BE WILL ALSO, UH, GIVE US TWO, IT'LL, IT'LL STILL GIVE US ROOM FOR TWO CARS, UH, BEFORE WE GET TO MERRILL STREET, SO WE'RE NOT JUMPING RIGHT IN FROM MERYLL STREET INTO THE GARAGE.
WE CAN JUMP INTO THE GARAGE, THE DRIVEWAY FIRST, AND THEN INTO THE GARAGE AREA.
UM, THIS IS THE ROSEDALE SIDE OF THE HOUSE.
THIS IS A RENDERING OF THE GARAGE, TWO CAR GARAGE, UH, NO APARTMENT ABOVE ANYTHING LIKE THAT.
SIMPLE TWO CAR GARAGE IN THE SAME STYLE OF THE HOUSE.
TRYING TO KEEP WITH THE CONTEXT OF THE NEIGHBORHOOD.
AND, UM, YOU KNOW, OUR PROPERTY, UM, AGAIN, WE ARE A CORNER LOT, SO THIS IS KIND OF THE FRONT OF THE HOUSE, ALTHOUGH WE, FOR THESE PURPOSES,
SO THESE ARE ALL OF THE SETBACKS, UH, CONFORMING SIDE YARD, REAR YARD BUILDING COVERAGE, DEVELOPMENTAL
AND IT'S JUST THE DISTANCE FROM MERRILL STREET AND THE PROPERTY LINE ON MERRILL STREET THAT WE'RE ASKING FOR.
UM, DID DO A NEIGHBORHOOD COMPARISON.
THESE, SORRY, THESE ARE SMALL, BUT, UM, THESE LOCATIONS ARE ALL WITHIN A FEW BLOCKS OF OUR HOME.
AND EACH OF THESE HAVE A DETACHED TWO CAR GARAGE THAT IS CLOSER THAN 25 FEET FROM, UM, THEIR PROPERTY LINE.
SO IT'S NOT SUPER OUT OF, UH, OUT OF THE NEIGHBORHOOD STYLE TO HAVE A DETACHED, UH, TWO CAR GARAGE A LITTLE BIT CLOSER TO THE STREET PARK.
UM, I DID GO AND SPEAK TO ALL OF MY NEIGHBORS ON MERRILL STREET.
ONE OF 'EM HAPPENS TO BE HERE TODAY.
I SPOKE WITH YOUR HUSBAND, UM, BUT I JUST MADE SURE THAT THEY WERE OKAY WITH WHAT I WAS PROPOSING.
UM, THEY DID HAVE SIGNED PETITIONS, UH, FOR ALL FIVE NEIGHBORS ON MERRILL STREET.
IN ADDITION, UH, MY NEIGHBOR'S ON ROSEDALE AND FARGATE THAT MY PROPERTY THAT TOUCHES, SO EVERYBODY IS AKAY WITH IT AND, UH, NO ISSUES AS UNLESS THEY SECRETLY WROTE SOMETHING BEHIND MY BACK
I HAVE SOME SPECS FOR THE GARAGE.
AGAIN, I THINK THE RENDERING SHOWS ENOUGH,
[01:05:01]
BUT, UM, BEYOND THAT, THAT'S WHAT WE'RE LOOKING FOR.IF YOU COULD JUST GO BACK TO THE SITE PLAN AND THEN ANY QUESTIONS FROM THE BOARD? YEAH, LET ME GET A ZOOMED IN BETTER IMAGE OF THAT.
UH, WHILE WE'RE WAITING FOR THAT, DID WE RECEIVE ANY LETTERS ON THIS ONE? I I DON'T HAVE ANY LETTERS.
NO, NOT, UH, THIS IS, OH, SORRY.
ONE THING I FORGOT TO MENTION.
WE ARE INSTALLING TWO CALTECH UNITS.
MR. ADDITION, UH, TO MAKE SURE THAT THEY AT A VERY FLAT PART OF ROSEDALE, WE COLLECT A LOT OF WATER THERE IN GENERAL.
SO EC UNITS WILL BE GOING ANYWHERE UNDERNEATH THIS.
AND AGAIN, YOU SAID THE MERRILL, SO IN THIS CASE, YEAH, THANK YOU.
THAT'S, YOU'RE CONSIDERING THAT THE FRONT? I BELIEVE SO, YES.
FOR THE PURPOSES OF THIS ZONING.
AND THERE'S A FENCE HERE BETWEEN MY PROPERTY AND MY NUMBER.
UH, THE, THIS IS THE ONE SIGNED EVERYBODY ELSE BOARD WITH THIS.
YOU COULDN'T MAKE IT TODAY THERE, FLORIDA ON VACATION, BUT, UH, YEP.
YEAH, HE'S COMPLETELY FINE WITH THIS.
WE HAVE THE EIGHT FOOT SETBACK, UH, HERE FROM THE GARAGE STAR TO HIS PROPERTY LINE.
AND AGAIN, IT'S OVER THE EXISTING DRIVEWAY.
SO, UH, WE'RE PRETTY TREE LINED.
THE WHOLE PROPERTY IS TREE LINED, SO IT'S, YOU CAN SEE IT FROM MERRILL, BUT IT DOESN'T REALLY INTERRUPT HIS VIEW OF MY BACKYARD OR IF HE WANTS TO LOOK, BUT THERE'S ALREADY A FENCE THERE, SO NO, YOU TAKE THE LEAD.
SO, UM, THE PETITION WE RECEIVED FROM THE NEIGHBORS AND SUPPORT IS IN THE RECORD.
APART FROM THAT, WE DIDN'T RECEIVE ANYTHING IN ADDITION TO THAT.
ANY QUESTION? THAT'S EXACTLY WHAT I WAS GONNA SAY.
NO, JUST A COMMENT THAT I APPRECIATE THE NEIGHBORS ARE IN SUPPORT, UH, THAT YOU'RE MITIGATING ANY KIND OF ENVIRONMENTAL CONCERNS, UM, WITH THE DRAINAGE THAT YOU HAD MENTIONED.
AND I APPRECIATED THE PICTURES SO WE COULD SEE THE CONTEXT.
SO YOU MENTIONED THAT YOU COULD STILL PARK YOUR, I ASSUME NOW YOU PARKED IN THE DRIVEWAY.
YEAH, WE'LL FIT ABOUT FOUR CARS OR EASILY FOUR CARS.
BUT, AND YOU SAID THAT YOU COULD STILL OUTSIDE OF THE FRONT OF THE GARAGE, YOU COULD STILL PARK THROUGH CARS IN THAT DRIVEWAY.
BUT FROM THE LOOKS OF IT, YOU ARE USING DRIVEWAY THAT'S NOT ON YOUR PROPERTY.
THE, THIS IS ONE OF THOSE CASES WHERE THE ACTUAL STREET EDGE IS FURTHER THAN THE PROPERTY THAT RIGHT.
SO IN ORDER TO FIT A CAR THERE, SO WELL PROBABLY PRETTY CLOSE 13.
SOMETIMES WE DO 10 BY 20 PARKING SPACES, BUT MOST CARS WOULD A SMALLER CAR PROBABLY FIT IN 15 ISH FEET? UM, YEAH, I MEAN IF YOU COULD ZOOM OUT A LITTLE BIT TO THE, UM, FULL SITE PLAN.
AGAIN, I THINK THIS IS VERY SIMILAR TO THE EARLIER CASE FOR YOU AS THE APPLICANT, YOUR FRONT YARD IS AT THE BOTTOM.
AND THIS IS, FEELS MORE LIKE A SIDE YARD AND YOU CAN SEE THAT YOUR GARAGE IS IN LINE WITH THE SIDE OF YOUR HOUSE RELATIVE TO MERRILL MORE OR LESS.
SO AGAIN, I THINK THIS IS A PERFECTLY RATIONAL PROPOSAL FROM YOUR POINT OF VIEW.
UM, AND YOUR PRESENTATION WAS EXCELLENT FOR, UH, MAYBE A NON-PROFESSIONAL, BUT, UH, THANK YOU.
THE ONE THING WE DON'T HAVE AN AN I THINK SOME OF US MAY HAVE WALKED AROUND OR LOOKED AT THIS IN GOOGLE EARTH IS, YOU KNOW, THE ADJACENT SITES.
SO THE QUESTION IS YOUR NEIGHBOR JUST, AND MAYBE IT'S IN THE PHOTOGRAPHS JUST ABOVE US HERE.
WHO, WHO'S FOR WHO? MERRILL IS HIS FRONT YARD OR HER FRONT YARD OR THEIR FRONT YARD, YOU KNOW, HOW DOES THIS IMPACT THEM? GOTCHA.
IT IS ALSO MERRILL'S ALSO THEIR SIDE YARD.
SO THEY'RE A T ADDRESS WITH THEIR FRONT DOOR.
SO THAT'S A VERY, A VERY HELPFUL EXPLANATION TO THAT.
AND IT, IT IS JUST OUR TWO HOMES ON MERRILL, THAT'S SECTION OF MERRILL.
SO EFFECTIVELY IT'S, IT'S BOTH OF YOUR SIDE DRIVE AND THAT'S HOW THEY ACCESS THERE.
THEY ACCESS DRIVEWAY, THEIR DRIVEWAY RIGHT NEXT TO MINE ON THE OTHER SIDE OF THIS FENCE.
MAYBE YOU COULD JUST GO BACK TO, I THINK YOU MIGHT'VE CAUGHT THAT IN ONE OF YOUR PICTURES, JUST SO WE CAN BE CLEAR ON IT.
CAN I SEE YOU SIGNED? I WONDER IF THIS ONE NEIGHBOR SIGNED AND AGREED.
CAN I SEE THAT PETITION? SURE.
SO RIGHT OVER, SO THIS IS THE ONE NEIGHBOR, THE OTHER NEIGHBOR ON MERRILL.
HE HAS A ATTACHED GARAGE, BUT HE'S GOT A FAIRLY LARGE SIDE ON IT.
NO, IS THAT EITHER ONE MERRILL OR FOUR MERRILL STREET? UH, MR. CONWAY'S HOUSE? I DON'T THINK SO.
AND HERE'S MY, ACROSS THE STREET NEIGHBOR, I'M TAKING A PHOTO FROM HIS, HIS LAWN.
[01:10:02]
WELL, I'M, I'M GLAD YOU GOT OUR ATTENTION.IS THERE ANYBODY HERE FROM THE PUBLIC WHO WANTS TO SPEAK ON THIS APPLICATION? I, OH.
PLEASE STEP UP TO THE MICROPHONE AND INTRODUCE YOURSELF, SIR.
JONATHAN? HI, I AM WILLIAM KENNEDY.
I'M, WELL, THIS PICTURE IS TAKEN FROM MY YARD OR RIGHT IN FRONT OF MY YARD,
UM, I THINK MY PROPERTY IS PROBABLY THE ONLY PROPERTY THAT WOULD ACTUALLY SEE THE GARAGE.
UH, SO IT WOULD BE BEHIND THAT, UH, BASKETBALL HOOP.
UM, I DON'T HAVE A PROBLEM WITH IT.
JONATHAN AND, UM, LAUREN HAVE DONE A LOT OF WORK IN THE HOUSE SINCE THEY'VE MOVED IN OVER THE YEARS AND BEEN VERY GOOD WORK AND THEY'VE VERY LITTLE DISRUPTION TO THE NEIGHBORHOOD.
AND I TRUST THAT WHATEVER THEY PUT IN IS GONNA BE NICE.
AND, UH, I THINK IT'LL BE NICE TO HAVE A, FOR THEM TO HAVE A GARAGE.
YEAH, I, I, AGAIN, I THINK THIS, THIS PICTURE IS VERY HELPFUL.
I MEAN, BASICALLY THIS IS, YOU KNOW, DRIVEWAY TO DRIVEWAY.
UH, AND, AND I THINK THAT'S VERY DIFFERENT CONDITION IN THAT IF THAT WAS SOMEBODY'S SOMEBODY ELSE'S SOCCER PITCH.
ANY OTHER QUESTIONS OR COMMENTS FROM THE BOARD? NO.
UM, I THINK WE CAN VERY QUICKLY GO THROUGH THE FACTORS.
UM, WHETHER THERE'S AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD.
ANY THOUGHTS OR CONCERNS ABOUT THAT? NO.
I WAS GONNA SAY, WITH ALL, WITH ALL DUE RESPECT TO YOUR CURRENT DRIVEWAY,
OTHER THAN THE AREA VARIANCE, I DON'T THINK SO.
I THINK THERE'S A REASONABLE APPROACH TO USE THE CURB CUT AND THE DRIVEWAY YOU ALREADY HAVE.
REQUESTED VARIANCE IS SUBSTANTIAL.
UM, NUMERICALLY, I GUESS WE ARE TALKING ABOUT, UM, RELIEF FROM ABOUT HALF OF THE REQUIREMENT.
BUT AGAIN, I THINK THIS GOES TO THE UNIQUE NATURE OF CORNER LOTS.
AND AGAIN, IF, IF THEY DIDN'T HAVE TWO FRONT LOTS, THIS WOULD PROBABLY BE A COMPLIANT SIDE LOT CONDITION.
AND AS YOU'VE EXPLAINED TO US, THE WAY MERRILL STREET WORKS IN THIS STRETCH, IT IS ESSENTIALLY SIDEWALK.
ANY OTHER THOUGHTS OR CONCERNS ON THAT ONE? OBJECTION.
UH, WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS OF THE NEIGHBORHOOD.
DOES IT APPEAR? SO, AND THEN WE HAVE ALL THE LETTERS OF SUPPORT.
AND FROM A PERVIOUS TO PERVIOUS THING, UH, PROBABLY THE, UM, WATER RUNOFF MEASURES YOU'RE GONNA BE REQUIRED TO DO AS PART OF THIS WILL HAVE A NET POSITIVE EFFECT ON THE NEIGHBORHOOD.
AND THEN THIS AGAIN, BEAUTIFUL DRIVEWAY
UH, AND FINALLY, WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED, UM, I THINK, YOU KNOW, WITHIN THE, WITHIN THE DISCUSSION WE USUALLY HAVE ABOUT THAT.
I DON'T THINK A, A GARAGE IS A, UM, TERRIBLY UNIQUE OR UNREASONABLE THING TO HAVE.
ALRIGHT, ANY OTHER THOUGHTS OR COMMENTS? ANYBODY WILLING TO MAKE A MOTION? I'LL DO IT.
IT'S MUCH SHORTER THAN THE NEXT ONE.
I'LL MAKE A MOTION, UM, FOR CASE NUMBER 12 DASH 26.
JONATHAN AND LAUREN I 61 ROSEDALE AVENUE RELIEF FROM THE STRICT APPLICATION OF THE VILLAGE CODE SECTIONS 2 95 DASH 69 F UM, ONE SUBSECTION A UH, FOR THE CONSTRUCTION OF A NEW GARAGE AND THERE'S SINGLE FAMILY DWELLING LOCATED AT 61 ROSEDALE AVENUE.
SAID, PROPERTY IS LOCATED IN THE R DASH SEVEN FIVE ZONING DISTRICT AND IS KNOWN AS SPL FOUR 80 DASH 71 DASH ONE ON THE TOWN OF GREENBERG.
TAX MAPS, NON-CONFORMITY DETAILS ARE AS FOLLOWS, FRONT YARD SETBACK ON A CORNER LOT TO THE GARAGE.
EX EXISTING NA PROPOSED 13 REQUIRED 25, UH, VARIANCE REQUIRED 12 FEET.
COULD WE HAVE A SECOND? I SECOND.
I HOPE THAT WE CAN SAY THAT WE HELP CONTRIBUTE TO A BURGEONING SOCCER CAREER
ALL RIGHT, NEXT AND LAST THANK YOU FOR YOUR PATIENCE IS CASE NUMBER 1326 ANDREW RUBENSTEIN FOR BURNSIDE PLACE.
[01:15:01]
GOOD EVENING.IT'S NOW THAT YOU SAID THAT ENTIRE I HAVEN'T SEEN, I THOUGHT IT WAS A USP.
I CATASTROPHIC THIS REPORT'S PROBABLY, UH, TOTALLY UNUSED.
GOOD EVENING, UH, CHAIRPERSON AND MEMBERS OF THE BOARD.
UH, MY NAME IS MICHAEL ANDERSON AND I REPRESENT THE APPLICANT, ANDREW RUBENSTEIN.
UM, HE'S A HOME HOMEOWNER OF FOR BURNSIDE POLICE.
UM, I'M HERE TODAY WITH THE ARCHITECT, JOSE RAMIREZ.
UM, JUST WANTED TO SCROLL THROUGH A COUPLE PHOTOS QUICK TO SHOW YOU HOW THE EXISTING CONDITION OF, OF THE HOME IN THE, THE DECKS WE'LL BE SPEAKING ABOUT TODAY.
UM, SO THIS IS THE SIDE, UM, OF THE HOUSE, THE CATWALK HERE.
UM, THE PROPOSAL IS THAT THIS CATWALK WILL, UH, BE TAKEN OUT AND THERE WILL BE A CATWALK THAT WRAPS AROUND TO THE, THE BACK DECK, WHICH, UM, FOR ACCESS PURPOSES, WHICH WE WILL TALK ABOUT A LITTLE BIT LATER.
THIS IS THE CURRENT, UH, SITUATION OF THE BACK DECK.
UM, AND THEN YOU CAN SEE THERE'S LIKE AN OVERHANGING BALCONY ON THE FIRST FLOOR, RIGHT FLOOR? FIRST FLOOR, UH, NO, THAT'S THE SECOND FLOOR.
UM, AND THAT WILL BE BUILT OUT, UH, TO BE A, UM, A SECOND DECK OR AT LEAST PROPOSED.
WE BUILT THAT OUT TO BE A A, A DECK ABOVE ON THE SECOND FLOOR.
UM, THIS IS JUST A PHOTOGRAPH SHOWING THE DROP OFF AT THE END OF THE, THE BACK DECK BEHIND THE HOUSE AND THE CONDITION OF THE, THE BACK DECK AND AGAIN, BEHIND THE HOUSE.
UM, THIS IS THE CAT WALKERS TALKING IN THE FIRST OR SECOND PHOTOGRAPH.
IT WOULD, UM, ESSENTIALLY IT WOULD BE BUILT OUT AROUND, UH, TO REACH, TO ACCESS THE BACK DECK.
ANOTHER PICTURE FROM A SIMILAR ANGLE.
UH, JUST A PHOTO OF THE CURRENT BACK DECK AND THE SITUATION.
IT'S CURRENTLY IN THE TOP, UM, THE TOP BALCONY RIGHT? IS STAYING THE SAME? YEAH.
AND, AND THEN WHAT'S HAPPENING WITH THE SECOND FLOOR? ONE IS THE FIRST FLOOR, WHICH IS THE BALCONY SEAT.
AND NOW ON THE PORCH IT'S ACTUALLY BEEN EXTENDED.
AND JUST ANOTHER PHOTOGRAPH OF, UM, BACK OF THE YARD WHERE THE EXISTING DECK IS AND HOW IT GOES DOWNHILL THERE.
AND JUST THE CONDITION GENERALLY OF THE, THE DECK.
UM, ANOTHER PHOTOGRAPH OF THE BACK.
AND THIS IS A PICTURE OF THE HOUSE FROM THE, FROM THE DRIVEWAY, YES.
UM, SO THE PROPOSED PROJECT CONSISTS OF A FRONT FRONT PORCH RENOVATION, UH, WITH A CATWALK THAT WILL BE WRAPPING AROUND.
THAT WILL BE WRAPPING AROUND TO THE, UM, BACK DECK.
UM, THERE'LL BE TWO REAR DECKS, UH, RENOVATED, ONE BUILT OUT AND ONE ALREADY EXISTING WILL BE RENOVATED.
UH, AND REMOVAL OF THE BALCONIES ON THE NORTH SIDE OF THE HOUSE.
UM, THE FIRST FLOOR PORCH SIDE DECK WITH STARE REAR LOWER DECK AND SECOND FLOOR REAR DECK WILL ALL BE RENOVATED.
UM, AND TO DO SO, THE APPLICANT IS REQUESTING FIVE AREA VARIANCES.
UM, AS YOU KNOW, IN DETERMINING WHETHER TO GRANT AN AREA VARIANCE, UM, THE ZONING BOARD MUST BALANCE THE BENEFIT TO THE APPLICANT AGAINST THE DETRIMENT TO THE HEALTH, SAFETY, AND WELFARE OF THE NEIGHBORHOOD OR COMMUNITY AND CONSIDER THE FOLLOWING.
UM, FIRST WE BELIEVE THERE WILL NOT BE AN UNDESIRABLE CHANGE PRODUCED
[01:20:01]
IN THE CHARACTER OF THE NEIGHBORHOOD OR A DETRIMENT TO NEARBY PROPERTIES.UH, THIS PROPERTY'S ON A STEEP SLOPE AND THE SIDE YARD AND BACKYARD ARE VIRTUALLY UNUSABLE PROPERTY.
UH, THERE'S CURRENTLY A FRONT PORCH, TWO, UH, THREE REAR DECKS, UH, WOOD BALCONIES ON THE SOUTH SIDE OF THE HOUSE AND A DECK AND STAIRS ON THE NORTH SIDE OF THE HOUSE.
THE ROTTED WOOD BALCONIES ON THE SOUTH SIDE OF THE HOUSE WILL BE REMOVED AND NOT REPLACED ARE THE SOUTH OR NOT.
UM, AND THE CURRENT FRONT PORCH, TWO REAR DECKS AND DECK ON THE NORTH SIDE OF THE HOUSE WILL BE REPLACED AND UPDATED.
UM, GIVEN CA MORE CHARACTER TO THE, THE HOME, THE CURB APPEAL AND, AND THE NEIGHBORHOOD.
UM, SECOND, DUE TO THE DAMAGE AND ROTTING OF THE WOOD, UH, IT REQUIRES PLACEMENT AND, AND A REPAIR.
UH, GIVEN THE EXISTING STRUCTURES ALREADY ENCROACHED ON THE FRONT REAR AND SIDE SETBACKS, THERE IS NOT A MORE FEASIBLE OPTION FOR THE APPLICANT TO PURSUE.
UM, THE VARIANCE FOR THE FRONT SETBACK IS 4.1 FEET AND WE DO NOT VIEW AS SUBSTANTIAL.
THE VARIANCE REQUEST FOR THE REAR SETBACK IS 10 FEET.
THIS IS NOT SUBSTANTIAL AND IT DOES NOT INTERFERE, UH, WITH ANY NEIGHBORS.
AS THE BACKYARD IS A DOWNHILL AND THERE'S, UH, SLOPE AND THERE'S LARGE TREES AT THE PROPERTY LINE ALSO, THERE IS A PREEXISTING DECK CURRENTLY THERE.
UM, THE RENOVATION WILL GIVE MORE, MORE CHARACTER AND IT IS NOT A SUBSTANTIAL REQUEST FOR VARIANCE.
UH, THE STAIR AND DECK, THE STAIR AND DECK SIDE YARD IS 3.9 FEET REQUEST, UH, FOR 3.9 FEET.
AND IT IS NOT, SHOULDN'T BE VIEWED AS SUBSTANTIAL.
UM, THERE'S A 0.72% REQUESTED INCREASE IN BUILDING COVERAGE FROM 25% TO 25.72%.
AGAIN, WE DON'T BELIEVE THAT IS SUBSTANTIAL.
UM, THE VARIANCE REQUESTED FOR DE DEVELOPMENTAL COVERAGE IS 12 POINT 12%.
UH, THE CURRENT DEVELOPMENTAL COVERAGE IS ALREADY 45.75% AND THE APPLICANT IS ASKING FOR 47 POINT 12%.
UM, ALSO, WE, WE DO NOT BELIEVE THERE WILL BE AN ADVERSE IMPACT OR EFFECT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD.
UH, EVERYTHING IS THERE IS ALREADY PRE-EXISTING.
UM, THE CONDITIONS LAST, UH, THE CONDITIONS WERE NOT SELF-CREATED AS THIS IS HOW THE HOME WAS PURCHASED.
THE WORK HERE NEEDS TO BE DONE.
THE CURRENT STATUS OF THE EXISTING STRUCTURES ARE ROTTING AND DANGEROUS.
THE SIZE OF THE CURRENT STRUCTURES WOULD ALSO REQUIRE A VARIANCE AS THEY CURRENTLY STAND.
UH, THE APPLICANT CANNOT WALK FROM THE FRONT OR SIDE OF THE HOUSE TO THE BACK DECK.
IF THESE VARIANCES ARE GRANTED, THEY'LL BE ABLE TO GO FROM THE FRONT AND SIDE OF THE HOUSE TO THE BACK DECK USING THE UPDATED STRUCTURES.
THIS WILL CREATE A BETTER AND SAFER FLOW FROM THE FRONT OF THE HOUSE TO THE BACK OF THE HOUSE.
THE EXISTING EXCESSIVELY SLOPED LOT TERRAIN IS NOT CONDUCIVE TO A USABLE YARD AND DOES NOT ALLOW DIRECT ACCESS TO THE REAR OF THE PROPERTY.
THE REQUESTED PROJECT WILL UPGRADE THE EXTERIOR APPEARANCE AND CURB APPEAL OF THIS PROPERTY.
YOU CAN GO GO THROUGH THE DRAWINGS.
JOSE, MR. RAMIREZ IS GONNA EXPLAIN THE, YEAH, I THINK IT'LL BE GOOD IF YOU WALK US THROUGH IT ON THE DRAWINGS AS WELL.
AND THEN WE CAN ASK QUESTIONS.
UM, YOU MAY, DO WE HAVE A HAND MIC? YEAH.
DO WE HAVE THE RIGHT THERE? RIGHT ON THE ALLEGED RIGHT TO YOUR LEFT THERE ON THE SHELF.
WHAT ARE WE LOOKING FOR? UHOH.
IF YOU WANT, IF YOU, IF YOU'RE, IF YOU'RE A POINTER, YOU CAN TAKE THAT UP TO THE YEAH, JUST SO IT GETS ON THE VIDEO FOR YEAH, I'LL, I'LL WALK YOU JUST TO SHOW YOU WHAT'S EXISTING, WHICH IS, WE DASHED THIS IN RED SO YOU UNDERSTAND THAT THIS IS THE DEMO.
UM, IT'S A WEIRD CONDITION OF THE SITE.
SO, UH, WE HAVE THIS CUL-DE-SAC HERE.
UH, THE, THIS IS CONSIDERED THE SIDE YARD, BUT WE HAVE THE MAIN ENTRY TO THE, TO THE HOUSE HERE.
UM, THIS IS THE CATWALK THAT WE'RE REFERENCING TO.
AND THEN THERE'S NO WAY FROM THIS POINT TO BE ABLE TO COME DOWN TO THE BACKYARD, WHICH IS THE, UH, BIGGER SIDE OF THE DECK.
UM, THOSE ARE THE IMAGERY, STRO, BECAUSE EVERYTHING'S ROTTED, THE FOOTINGS ARE OUTDATED.
UM, AND THEN HE HAS THESE TWO BALCONIES HERE THAT HE WANTS TO REMOVE THE, THE CLIENT WANTS TO REMOVE.
UM, AND SO AS YOU CAN SEE, UH, WE ENCROACHING INTO OUR REAR, UH, THE REAR SETBACKS AT THE BACK AND THEN PARTIALLY ON THE SIDE YARDS HERE.
UM, AND THEN WHEN WE SQUARE THIS
[01:25:01]
OFF, WE HAVE A PARTIAL ENCROACHMENT, WHICH IS SHOWING YOU WANNA MOVE THIS OVER A LITTLE BIT? YEAH, AS YOU SEE, WE HAVE PART OF THE NEW FRONT PORCH, UH, ENCROACHING INTO THE SIDE YARD, FRONT YARD.UM, AND HERE THE COW THE SAME, BUT AS YOU CAN SEE, THIS IS WHERE YOU'RE TRYING TO CREATE THIS FLOW OF COMING DOWN THE STAIR, UH, HAVING A DIRECT CONNECTION INTO THE BIGGER, UH, DECKS.
UM, AT THE, SO, AND THIS IS A MULTI-LEVEL DECK, UM, AND HE WANTS TO BE ABLE TO COVER THIS BECAUSE, YOU KNOW, DURING, WITH THE ELEMENTS IT'S JUST EASIER FOR HIM TO WALK DOWN INTO, UH, FROM THE, FROM THE MAIN ENTRY DOWN TO THE BACKYARD.
BUT I HAPPEN TO GO THROUGH THE INTERIOR OF THE HOUSE.
SO IF YOU SCROLL UP A LITTLE BIT OR SO WE CAN SEE THE BOTTOM OF THE SITE PLAN.
DO YOU, DO YOU THE HIGHER POINT? OH, SORRY, I, I MEANT UP IN THE SCREEN, BUT YEAH, SO THAT'S THE, BUT NO, BUT AT THE BOTTOM OF THE PAGE,
OH, IS THAT A DRIVEWAY FOR A NEIGHBOR? WHAT IS THAT? ACROSS THE, OH, SO THIS LEADS YOU INTO ANOTHER PROPERTY.
I BELIEVE THAT'S LIKE THREE BURNSIDE.
AND THEY CREATED THE SAME ELEMENT.
I DON'T KNOW IF YOU GUYS WALKED THERE, BUT THEY CREATED THE SAME ELEMENT THAT WE HAD WITH CHINA PROPOSED AS WELL.
I GUESS MY QUESTION, THIS MAY GO TO THE BUILDING SPECTER AS WELL FOR THE DEVELOPMENTAL COVERAGE, IS THE PAVING OF WHAT I'M ASSUMING IS A DEEDED ACCESS COUNTING AGAINST THEIR DEVELOPMENTAL COVERAGE.
SO IN THE DEVELOPMENTAL COVERAGE THAT THEY'RE ASKING FOR OF, WELL, I GUESS THAT IS WHY IT WAS PROBABLY HIGH BEFORE AT 45.75% AND IT'S HIGH NOW AT 47% BECAUSE IT'S CARRYING A DRIVEWAY FOR ANOTHER PROPERTY.
YEAH, I MEAN, KIND OF A STRANGE CONDITION
NO, I'M JUST GONNA, YOU KNOW, IF YOU WANT TO SCROLL DOWN A, SO ALL THIS AREA HERE, IT'S UNUSABLE, RIGHT? IT'S JUST STEEP SLOPE STANDING THERE.
SO, UM, AND THEN WE WOULD HAVE TO WRAP AROUND TO, TO BE ABLE TO USE THAT, UH, BACKYARD.
SO EFFECTIVELY THE DECK IS FUNCTIONING AS THE BACKYARD SPACE, THAT'S ALL.
UM, YOU WANNA JUST SHOW SOME ELEVATIONS OF PLA JUST GO FORWARD TO THE NEXT PAGE? YEAH.
DO YOU KNOW WHAT THE, THE DIFFERENCE IN SQUARE FOOTAGE BETWEEN THE EXISTING AND PROPOSED DEVELOPMENT COVERAGE? IT'S INCREASING BY ABOUT, CALL IT 2% MORE AND A HALF PERCENT.
I DO YOU KNOW WHAT? THAT X-RAY IS ON TOP OF MY HEAD.
WHAT'S THE NEW, WHAT'S THE NEW COVERAGE BEING ADDED? WELL, IT WOULD BE FOR DEVELOPMENTAL COVERAGE.
IT'S 'CAUSE THE VARIANCE IS OVER WHAT'S PERMITTED.
AND I THINK THAT'S BECAUSE THE, IF I'M, I MIGHT BE, I THINK WHAT'S HAPPENING IS THAT ORIGINALLY THE DECK, THE ORIGINAL DECK, UM, WITH BUILD OUT, I DON'T KNOW IF THERE WAS A PERMIT OR NOT AT SOME POINT, BUT I'M NOT SURE.
SO IT LOOKS LIKE IT WAS ORIGINAL TO THAT BUILD OUT.
UM, BUT NOW WE HAVE TO COMPLY WITH THE NEW CODE, WHICH RIGHT.
BUT WE BEING REQUIRED TO LEGALIZE WHAT'S THERE CURRENTLY.
BUT THE ACTUAL, THE DIFFERENCE BETWEEN EXISTING AND PROPOSED IS ONLY ABOUT A PERCENT AND A HALF AGO.
WELL, IT'S BASICALLY IT'S ONE AND A QUARTER PERCENT OF THE TOTAL PROPERTY.
AND BASED ON 12% BEING 1300 SQUARE FEET, WE'RE TALKING ABOUT A COUPLE OF HUNDRED SQUARE FEET.
I WENT TO LAW SCHOOL TO AVOID DOING MATH.
SO YOU YEAH, ABOUT 200 SQUARE FEET.
THAT WAS NON, NON-SPECIFIC MATH.
IT'S, UM, YEAH, SO IT'S GOING FROM 4,988 TO 5,137.
SO THAT'S, YEAH, SO A HUNDRED AND I KEPT TERRIBLE ON THAT ONE.
SEE, DO NOT, HERE'S MY CALCULATOR.
BUT THIS IS SHOWING STRUCTURAL ELEMENTS, BUT UM, IF WE MOVE ON, MOVE ON TO THE NEXT PAGE.
SO THIS KIND OF DOWN, UM, MICHAEL, LEMME ZOOM OUT TOO FAR OUT.
SO I'M GONNA TRY TO REACH HERE.
SO YEAH, THAT'S THE PART OF THE ENTRY
[01:30:01]
HERE.FRONT PORCH, BE ABLE TO WALK DOWN THE STAIRS AND THEN BE ABLE TO ACCESS ANOTHER CATWALK THAT LEADS INTO A, UM, BASEMENT.
UM, AND THEN WE HAVE A, AN ABOVE, UH, THAT AS WELL.
ANY OTHER QUESTIONS FROM THE BOARD? I, WELL, YOU'RE ABOUT TO ASK ABOUT IT.
THERE'S ANYONE FROM THE NEIGHBORHOOD.
IS THERE ANYONE FROM THE NEIGHBORHOOD WHO WOULD LIKE TO SPEAK ON THIS? THANK YOU.
UM, PLEASE, UH, GIVE YOUR NAME AND YOUR ADDRESS PLEASE.
MY NAME IS VERONICA HUMPHREYS AND MY HUSBAND CHRIS ROSS AND I LIVE AT 2 28 FARRAGUT AVENUE, WHICH IS DOWN THE HILL FROM THIS.
OUR HOUSE IS BUILT IN ABOUT 1880, AND WE WERE THE FIRST HOUSE DOWN THERE.
WELL, THERE WAS A SCHOOLHOUSE ON OUR PROPERTY, BUT WE WERE THE FIRST HOUSE, WE WERE GARDENER'S COTTAGE FOR SHADOW LAWN.
SO SHADOW LAWN WAS CREATED IN THE LATE TWENTIES.
AND THEN WE'VE HAD ADDITIONAL STRUCTURES COME IN.
BY THE WAY, LET ME JUST SAY, I'M FRIENDS WITH ANDY
SO I'VE SPOKEN TO HIM, BUT I WASN'T EXPECTING THIS.
AND I DON'T KNOW THAT HE WAS EXPECTING THIS BECAUSE HE WOULD BE HERE TONIGHT IF HE COULD BE.
BUT HERE'S THE STORY OF, OF OUR LIFE IN A NUTSHELL.
WE BOUGHT OUR HOUSE 10 YEARS AGO AND WE LOVE IT.
AND THE FIRST BIG RAINSTORM, WE DISCOVERED THAT WE HAVE A POND IN OUR BACKYARD.
WE HAVE, WE'RE AT THE BOTTOM OF THE HILL.
UM, AND WE HAVE FOUR PROPERTIES ON SAUNDERS THAT BACK UP TO US.
AND THEN WE HAVE ANDY BEHIND US.
AND THEN WE HAVE TWO OTHER PROPERTIES ON BURNSIDE.
WE'VE GOT LOTS OF NEIGHBORS, UM, THAT ALL GET ALONG.
THE PROPERTY THAT ANDY OWNS IS SHARED WITH US IN TERMS OF A WOODS THAT'S ALMOST CONTIGUOUS TO THE PULVER WOODS.
SO WE HAVE OAK, WE HAVE LAUREL, WE HAVE HICKORY, WE HAVE, WE HAVE A LOT OF THINGS THAT ARE THERE, BUT I UNDERSTAND WHEN YOU SAY IT'S NOT REALLY A YARD THAT HE CAN RUN, THAT THE KIDS CAN RUN AROUND, THAT YOU CAN RUN AROUND IN.
UM, THE BACK DECK IS TOTALLY ROTTED AND HAS BEEN, WE'VE BEEN HERE 10 YEARS.
OCTOBER, SEPTEMBER 3RD, WE SIGNED A CONTRACT TO JUST GET THE TOPOGRAPHY OF OUR LAND SURVEYED AND TO LOOK AT THE SLOPE.
WE DIDN'T TALK TO OUR NEIGHBORS, BUT WE ARE READY TO LIKE START TO MITIGATE THE ISSUES THAT WE'RE HAVING WITH WATER.
AND THIS IS WE WHERE WE STARTED.
SO THIS IS KIND OF JUST COMING TOGETHER AT THE SAME TIME.
UM, I AM CONCERNED ABOUT THE IMPERVIOUS SURFACES, BUT MY MAIN QUESTION IS, AND THIS WOULD BE A QUESTION I WOULD'VE ASKED ANDY, WHERE DOES ALL THAT WATER GO? LIKE, IS, DOES, IS IT, DOES IT GO TO A STORM DRAIN? BECAUSE A LOT OF IT COMES DOWN THE HILL.
WE HAVE LOGS PLACED ACROSS TO KEEP THE FOREST FROM ERODING.
WE'VE CAGED THE SEEDLING OAKS.
SO EVEN THOUGH IT SEEMS LIKE UNUSABLE, IT'S STILL LAND THAT KIDS PASS THROUGH AND CRITTERS PASS THROUGH.
AND WE TEND TO, UM, AND THEN YOU HAVE OUR PROPERTY, WE HAVE LIKE A, A RECTANGULAR SHAPED PROPERTY THAT JUST HEADSS UP THAT HILL A THIRD, AN AC.
SO, UM, MAYBE I CAN ADDRESS THAT A LITTLE BIT, UH, IN, IN TWO WAYS.
ONE IS THAT, UM, IT'S A LITTLE BIT OUTSIDE OF OUR JURISDICTION, MEANING THAT, UM, WE'RE JUST LOOKING AT THE ZONING COMPLIANCE HERE, BUT WHAT WE TELL PEOPLE, 'CAUSE THIS IS HASTINGS AND A LOT OF PEOPLE HAVE A LOT OF CONCERNS ABOUT WATER.
AND, AND, UH, MAYBE THE BUILDING INSPECTOR CAN SPEAK TO IT.
WHAT I WOULD GENERALLY SAY IS THAT, UM, A DEVELOPMENT PROJECT SHOULD BE AN IMPROVEMENT.
SO IF THEY GET THIS, IMPROVE THIS APPROVAL FROM US TODAY, THEY WILL STILL NEED A, A BUILDING PERMIT TO DO THE WORK.
AND THAT BUILDING PERMIT WILL COME WITH REQUIREMENTS FOR THE VILLAGE ENGINEER TO LOOK AT ALL OF THE EXISTING RUNOFF.
AND GENERALLY SPEAKING, YOU, YOU HEARD THE OTHER APPLICANTS SAY THAT THEY HAD TO PUT A COUPLE OF STORM ORDER THINGS UNDER THE SOCCER PITCH.
I HEARD THAT THEY, THEY ARE SIMILAR SIMILARLY AND GOING TO BE REQUIRED TO DO MITIGATION, UH, MEASURES AS PART OF THIS PERMIT.
SO GENERALLY SPEAKING, THE FACT THAT THEY'RE GONNA BE ALLOWED TO DO SOMETHING IS GOING TO REQUIRE THEM TO IMPROVE THE EXISTING CONDITION.
AND WE DIDN'T SHOW IT BECAUSE TYPICALLY IF WE NOT, YOU KNOW, LISTEN, I'M TOTALLY ANONYMOUS.
I'M NOT PRETENDING TO KNOW ANYTHING BESIDES THE LITTLE PIECE OF LAND THAT WE HAVE.
BUT, UM, IT WAS, I WAS JUST, I AM CONCERNED, OKAY.
I MEAN, WATER SOAKS INTO A ROTTED WOOD, IT DOESN'T SOAK INTO TRACKS.
SO I WAS LIKE CONCERNED ABOUT EVEN MORE WATER AND IT'S A VERY BEDROCK LAING PIECE OF LAND.
[01:35:01]
SO UP BY ANDY.SO I WILL BE PURSUING MY CONCERNS.
YOU COULD CERTAINLY, 'CAUSE HE IS NOT HERE TO DEFEND HIMSELF.
YOU COULD CERTAINLY SEE MR. MENZI.
BUT, BUT, UH, BUT WHAT I WOULD SAY IS ALL THESE DEVELOPMENTAL INCREASES HAVE A, HAVE A DRAINAGE PLAN THAT IS PUT IN PLACE WITH IT.
SO, SO I DON'T, WE DON'T UNDERSTAND WHY THE PUBLIC THINKS THAT NEW CONSTRUCTION AND ADDED DEVELOPMENTAL COVERAGE IS GOING TO CAUSE MORE WATER ON THEIR PROPERTIES.
IT DOES NOT THAT THAT IS A MYTH.
THERE ALREADY IS WATER BECAUSE YOU'RE AT THE BOTTOM OF THE HILL.
IF YOU BUY AT THE BOTTOM OF THE HILL, YOU'RE GOING TO HAVE WATER FAIR AVENUE AT SOME POINT GOT RAISED.
SO, AND I'M JUST DOING THE RESEARCH.
CAN I ASK HER A SECOND? YEAH, YEAH.
BEFORE, ACTUALLY, BEFORE YOU SIT DOWN.
GIVEN YOUR, UH, LOCATION NEXT TO THE, THE, UH, THIS HOUSE, BY MY UNDERSTANDING, AND I JUST WANNA MAKE SURE, IN THIS ELEVATION WE SEE HERE TO THE RIGHT, THAT'S THE EXTENDED CORRECT DECK.
THAT DECK, IF, IF I'M CORRECT, IS LOOKING OUT OVER YOUR PROPERTY, IF YOU, IF THE TREES WERE ALL CUT DOWN, IF THE TREES WEREN'T THERE.
AND IN THE WINTER, YES, WE HAVE CLEAR SIGHT OF EACH OTHER.
AND SO I, I THINK WE WOULD WANT TO, I I WANT TO UNDERSTAND HOW YOU WOULD FEEL IMPACTED BY THIS ADDITIONAL LAYER OF THE DECK.
IT'S, IT'S OUT INTO THAT SPACE.
IT'S LOOKING OUT, DOWN ON YOU.
IT, IT IS NOT PHYSICALLY IN YOUR SPACE OR ON YOUR PROPERTY, BUT BECAUSE OF THE LINE OF SIGHT.
YOU KNOW, UM, AND I THINK IT CERTAINLY NEEDS TO BE DONE.
THESE DECKS AND THE, AND THE CATWALK NEED TO BE DONE.
UM, IT'S JUST AGAIN, UM, UNDERSTANDING THE IMPACT ON THE GOD DOWN THE HILL.
SO, UM, BUT I THINK, YOU KNOW, I, I THINK ANDY'S VERY REASONABLE AND YOU KNOW, THIS SEEMS LIKE, YOU KNOW, A GOOD PLAN.
YOUR CONCERN IS MOSTLY YOUR CONCERN ABOUT WATER.
UM, ANY OTHER QUESTIONS FROM THE BOARD? I ASSUME THERE'S NO LETTERS.
I DON'T HAVE ANY LETTERS FOR THIS APPLICATION.
WELL THEN I THINK, ALTHOUGH I APPRECIATE THAT THE, UH, APPLICANT, UM, USED THE FIVE FACTORS,
UM, SO, UH, WHETHER AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES.
THIS IS THE REASON FOR MY, MY INITIAL QUESTION.
I THINK THE MOST IMPACTED PROPERTY IS DUE TO, DUE TO THE DECK IS, IS YOUR, YOUR PROPERTY, UM, AND WATER NOTWITHSTANDING, I THINK THE PSYCHOLOGICAL IMPACT OF, OF THE SPACE HERE AND OF THE LINE OF SIGHT TO, TO ME SEEMS MORE WITHIN, UH, THE JURISDICTION OF WHAT WE'RE LOOKING AT HERE.
UH, AND I APPRECIATE YOUR FEEDBACK.
UM, SO I I I THINK THAT MITIGATES MY GREATEST CONCERN.
AND I ALSO THINK THERE'S QUITE A BIT OF DISTANCE BETWEEN THE TWO HOUSES.
THERE'S QUITE A BIT OF GRADE AND APPARENTLY THERE'S QUITE A BIT OF TREES.
SO I THINK THERE'S, YOU KNOW, THERE'S, THERE'S SEVERAL BUFFERS.
SEASONALITY, NOT WITHSTANDING ANY THOUGHTS OR CONCERNS ON THAT ONE? NO.
UH, WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME METHOD FEASIBLE FOR THE APPLICANT TO PURSUE.
OTHER THAN THE AREA VARIANCE, AGAIN, I THINK THE ENTIRETY OF THIS APPLICATION IS ABOUT DECKS AND CATWALKS, WHATEVER WE WANNA CALL THEM, THEIR EXISTING.
NOW YOU'RE SLIGHTLY CHANGING THE DIMENSIONS OF SOME OF THEM.
YOU'RE ADDING SOME HERE AND THERE, BUT I THINK IT'S, IN GENERAL, IT'S THE SPIRIT OF WHAT WAS IN THE HOUSE AND NONE OF THESE THINGS ARE FULLY ENCLOSED, FULLY COVERED.
SO THEIR BULK IMPACTS ARE RELATIVELY, UM, MINIMAL.
ANY THOUGHTS OR QUESTIONS ON THIS ONE? NO, THEY DO NOT SEEM SUBSTANTIAL.
WELL, SUBSTANTIAL IS THE NEXT ONE, BUT I THINK THAT'S A, THAT'S A GOOD, GOOD ONE TO GO TO
SO, UM, I, I JUST WANNA MAKE SURE THAT I AM CONSISTENT.
UM, YOU KNOW, WE'VE BEEN TELLING PEOPLE THAT, UM, THE REASON FOR VARIANCE IS THERE, THERE NEEDS TO BE A REASON FOR A VARIANCE.
UM, AND YOU GUYS ON PAPER HAVE A COMPLIANT LOT.
IN OTHER WORDS, IN AN R 10 DISTRICT YOU HAVE 10,000 SQUARE FEET, YOU ACTUALLY HAVE A LITTLE BIT
[01:40:01]
MORE.IF WE LOOK AT IT, YOU KNOW, FROM ABOVE, IT'S A RELATIVELY SQUARED LOT FOR HASTINGS.
UM, SO FOR ME, IF I, IT'S THE COVERAGE IS THE ONE THAT, THAT STICKS OUT TO ME BECAUSE IT IS 1300 SQUARE FEET, IT IS 12%.
THOSE ARE IN SOME WAYS SUBSTANTIAL.
BUT I THINK WE TALKED THROUGH SOME OF THE THINGS.
YOU DO HAVE MITIGATING FACTORS.
YOU DO HAVE GRADE, WHICH MAKES PARTS OF THE PROPERTY LESS USABLE.
AND I THINK MOST SUBSTANTIALLY YOU HAVE THIS DRIVEWAY OF YOUR NEIGHBORS THAT CUTS ACROSS THE PROPERTY, WHICH IS CONTRIBUTING A WHOLE LOT OF, UM, IMPERVIOUS SURFACE AND DEVELOPMENTAL COVERAGE THAT YOU ARE NOT BENEFITING FROM.
SO I THINK THE QUICK MATH WE DID BEFORE THAT TAKES THAT PIECE OUT OF IT.
UM, YOU KNOW, THIS VARIANCE, WE DIDN'T, I THINK WE GOT TO ABOUT 165 SQUARE FEET.
SOMETHING THAT, UM, DOES SEEM A LITTLE BIT MORE, A LITTLE BIT LESS SUBSTANTIAL THAN 1,322 SQUARE FEET.
UM, SO I, AGAIN, I WAS FOCUSING MOSTLY ON THE FIFTH VARIANCE, BUT THE REST OF THEM ARE, ARE LESS WORRISOME.
I THINK 79 SQUARE FEET, FOR EXAMPLE, IS ALSO NOT TERRIBLY SUBSTANTIAL.
ANY OTHER THOUGHTS ABOUT THE SUBSTANTIALITY OF THE VARIANCES? UH, WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT? AGAIN, NOTED FOR THE RECORD THAT THERE'S CONCERNS ABOUT WATER, BUT REPEATING AGAIN THAT THIS PROCESS SHOULD, SHOULD BE, SHOULD LEAD TO AN IMPROVEMENT.
AND FINALLY, WHETHER THE ALLEGED DIFFICULTY IS SELF-CREATED.
UM, AND AGAIN, I I THINK YOU ARE REPLACING THINGS THAT WERE PART OF THE ORIGINAL HOUSE FOR THE MOST PART.
ANY OTHER THOUGHTS, QUESTIONS, OR CONCERNS? I, NO, I, I BELIEVE YOU'VE BEEN BACKED INTO MAKING THIS MOTION
IN THAT CASE, YOU CAN MAKE A, MAKE THINGS A LITTLE EASIER FOR YOU.
YOU CAN MAKE A SHORTER FORM, HAS AN IDEA WHEN WE, I HAVE A FEW OF, WHEN WE GET TO THE, THE BOTTOM, YOU CAN SAY VARIOUS AS PRESENTED.
YOU CAN SAY LIKE, COVERAGE, REAR DECK SETBACK, COVERAGE AS PRESENTED.
LIKE YOU DON'T TO READ, YOU HAVE TO READ, HAVE TO READ THROUGH ALL OF THEM.
ALRIGHT, I WOULD LIKE TO MAKE A MOTION.
1, 2, 3, 4, 5 AS PRESENTED RIGHT IN
[Case No. 13-26]
CASE NUMBER 1326.YOU'VE GOT MULTIPLE ANDREW RUBENSTEIN FOR BURNSIDE PLACE RELIEF FROM THE STRICT APPLICATION OF THE VILLAGE CODE SECTIONS 2, 9 5, 6 8, F1, A, B, AND C AND 2, 9 5 6 8 F TO, UH, 0.2 A ONE AND TWO FOR A PROPOSED FRONT COVERAGE, UH, FRONT COVERED PORCH, NEW REAR DECKS AND NEW SIDE COVERED STAIR AND DECK AT THEIR SINGLE FAMILY DWELLING LOCATED AT FOUR BURNSIDE PLACE SAID PROPERTY IS LOCATED IN THE R 10 ZONING DISTRICT AND IS KNOWN AS SBL 4.110 DASH ZERO EIGHT DASH ZERO ON THE TOWN OF GREENBERG.
NON-CONFORMING DETAILS FOR THE PROPOSED WORK IS AS FOLLOWS.
NUMBER ONE, COVERED PORCH FRONT YARD SETBACK AS PRESENTED.
NUMBER TWO, REAR DECKS, REAR YARD SETBACK AS PRESENTED.
NUMBER THREE, COVERED STAIR AND DECK SIDE YARD SETBACK AS PRESENTED.
NUMBER FOUR, BUILDING COVERAGE AS PRESENTED.
AND NUMBER FIVE, DEVELOPMENT COVERAGE AS PRESENTED.
CONGRATULATIONS AND GOOD LUCK.
THAT BRINGS US TO, UM, APPROVAL OF THE MINUTES, WHICH I'M GONNA SPECULATE WE WON'T BE ABLE TO DO 'CAUSE THERE'S NO CHANCE WE'D HAVE.
YOU DON'T HAVE, YOU DON'T HAVE MANY PEOPLE.
YEAH, WE DON'T HAVE ENOUGH PEOPLE TO APPROVE.
WE DON'T HAVE MINUTES ADJOURNED UNTIL NEXT MEETING.
WE WILL ADJOURN THE MINUTES OF NEXT MEETING, WHICH
[Announcements]
BY THE OCTOBER 22ND WE WERE TALKING ABOUT.I MEAN, YOU'RE GONNA SEND ME AROUND.
UM, WELL AGAIN, I THINK WE CAN JUST, I'M SURE, UM, MR. ZI OR MARY BETH OR SOMEBODY WILL GET A QUORUM IN THE WEEKS BEFORE AND WE'LL SEE IF WE HAVE IT.
BUT I DO FEEL LIKE WE'VE GOTTEN BITTEN BY BACK TO SCHOOL NIGHT FOR SEVERAL YEARS IN A ROW.
AND THAT DOES SEEM IN OCTOBER.
SEPTEMBER THAT EVERYBODY'S MISSING.
OH YEAH, THERE ARE THREE OF THEM.
[01:45:01]
SCHOOL.SO, AND THEY'RE TYPICALLY ON THURSDAYS.
SO LIKE IT'S COVERING THREE THURSDAYS IN A, IN SEPTEMBER MAYBE.
I MEAN, THE OPTION COULD BE MOVING FORWARD, LIKE SEPTEMBER COULD BE A SPECIAL MEETING, BE ON A, YOU MIGHT BE ABLE TO MOVE AROUND IT, NOT THINK IT'S EASIER FOR ANYBODY ELSE, BUT THIS PLACE IS USED FOR PLANNING ON WEDNESDAYS.
I THOUGHT EVERYBODY HAS THEIR OWN DAY, SO, ALRIGHT, WELL MAYBE WE CAN EXPLORE THAT WHEN WE SET THE MEETING DATES NEXT YEAR BECAUSE IT, IT DOES FEEL LIKE THIS HAS HAPPENED TO US.
IF I KNOW OF A PROPOSED, OH, THAT'S YOURS.
TARA, THIS MIGHT BE A QUESTION FOR YOU.
IF I KNOW OF A PROPOSED EDIT TO THE MINUTES FROM LAST WEEK.
COULD I SAY THAT NOW SO THAT I COULD VOTE IN FAVOR? NO, BECAUSE WE HAVE TO VOTE 'EM ALL.
BUT IF YOU, IF YOU HAVE AN EDIT, FEEL FREE TO EMAIL THE ZONING BOARD EMAIL AND LET THE GROUP KNOW.
'CAUSE WE CAN MAKE THAT EDIT LIKE DIGITALLY.
ALRIGHT, WELL QUICKLY SO WE CAN GET OFF THE RECORD, UM, CAN WE HAVE A MOTION TO ADJOURN? MOTION TO ADJOURN? A SECOND.