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HIS APPEALS, WHERE IT IS ALLEGED THERE IS AN ERROR IN ANY ORDER, REQUIREMENT, DECISION OR DETERMINATION MADE IN THE ENFORCEMENT OF THE

[Opening]

[00:00:09]

ZONING CHAPTER OF THE CAROLINE COUNTY PUBLIC LAWS.

THE APPLICANT WILL WILL PRESENT HIS REQUEST, HIS OR HER REQUEST.

THEN WE WILL TAKE TESTIMONY FROM THOSE IN FAVOR OF THE APPLICANT, AND THEN TAKE TESTIMONY FROM THOSE WHO OPPOSE THE APPLICATION.

ONCE TESTIMONY IS HEARD FROM BOTH SIDES, WE WILL ALLOW TIME FOR EACH SIDE TO ASK QUESTIONS OF THE OPPOSING SIDE.

ONLY THOSE WHO TESTIFIED WILL BE ALLOWED TO TAKE PART IN QUESTIONS AT THIS POINT.

ONCE CLOSING ARGUMENTS ARE COMPLETE, THE BOARD WILL CLOSE FOR DELIBERATION.

NO ONE FROM THE AUDIENCE MAY SPEAK WHILE THE BOARD DELIBERATES, UNLESS THE BOARD ASKS FOR CLARIFICATION FROM THE AUDIENCE.

THE BOARD MAKES EVERY EFFORT TO DECIDE AN APPLICATION THE SAME NIGHT THAT THE TESTIMONY IS HEARD.

OCCASIONALLY THIS IS NOT POSSIBLE AND A CONTINUANCE WILL BE GRANTED.

OKAY. OKAY.

[Public Hearing: Variance No. 24-0020]

NOTICE IS HEREBY GIVEN THAT THE CAROLINE COUNTY BOARD OF ZONING APPEALS WILL HOLD A PUBLIC HEARING TONIGHT.

APPLICATION NUMBER 24-0020.

A REQUEST BY TRAVIS EWING FOR A VARIANCE TO CONSTRUCT AND ATTACH 12.6 BY 30 SCREEN PORCH PARTIALLY WITHIN THE 100 FOOT BUFFER ON THE SAID PROPERTY IS LOCATED AT 22041 GANNON DRIVE, PRESTON, MARYLAND, AND IS FURTHER DESCRIBED AS TAX MAP 63, GRID SIX, PARCEL 77, LOT 17, AND IT IS OWNED BY NICHOLAS PERSICO AND KELLY KAY MIDDLETON.

MATT, WILL YOU GO AHEAD AND READ INTO THE EXHIBITS? YES. SO BOARD EXHIBIT NUMBER ONE IS A NOTICE OF PUBLIC HEARING PUBLISHED IN THE TIMES RECORD ON JULY 3RD AND JULY 10TH.

EXHIBIT NUMBER TWO IS THE STAFF REPORT.

EXHIBIT THREE IS THE APPLICATION.

EXHIBIT FOUR IS THE SITE PLAN.

EXHIBIT FIVE IS THE STATE REAL PROPERTY DATA SHEET AND TAX MAP.

EXHIBIT SIX IS THE AERIAL OVERLAY.

EXHIBIT SEVEN IS THE AERIAL OF THE SURROUNDING AREA.

EXHIBIT EIGHT IS THE ADJOINING PROPERTY OWNER AFFIDAVIT.

EXHIBIT NINE IS A SIGNED POSTING AFFIDAVIT AND PHOTOS.

EXHIBIT TEN IS THE APPLICANT NOTICE, AND WE DID RECEIVE SOME CORRESPONDENCE FROM THE CRITICAL AREA COMMISSION THIS AFTERNOON.

WHICH I'VE SHARED WITH THE BOARD MEMBERS.

IF YOU WOULD LIKE TO VOTE TO ADD THAT TO THE LIST OF BOARD EXHIBITS, I'LL MAKE A MOTION TO ACCEPT THE CRITICAL AREA COMMISSION'S REPORT AS SECOND APPLICANT.

NUMBER 11.

OKAY. SO I SECOND THAT.

SO EXHIBIT 11 WILL BE THE CRITICAL AREA COMMISSION COMMENT LETTER DATED TODAY, JULY 16TH, 2024, AND I'VE GOT SOME EXTRA COPIES FOR THE APPLICANTS SINCE I'M JUST GETTING THIS.

SO WITH THAT I GUESS I'LL READ THIS STAFF REPORT.

IF YOU HAVE ANY QUESTIONS FOR ME, YOU CAN ASK ME.

IF NOT, WE'LL OPEN THE FLOOR TO THE APPLICANTS AFTER THAT.

ALL RIGHT, SO SOME INFORMATION ABOUT THIS PROJECT.

SO THE APPLICANT, TRAVIS EWING OF EWING CONSTRUCTION, HE'S REQUESTED A VARIANCE ON BEHALF OF NICK AND KELLY FOR DISTURBANCE OF THE 100 FOOT BUFFER FOR A PROPOSED HOUSE ADDITION.

AS STATED PREVIOUSLY, IT'S LOCATED IN TAX MAP 63, GRID SIX, PARCEL 77, LOT 17, WITH AN ADDRESS OF 22041 GANNON DRIVE IN PRESTON.

SO THE EXISTING HOUSE WAS CONSTRUCTED PRIOR TO CRITICAL AREA LAW.

IT'S LOCATED PARTIALLY WITHIN 100 FOOT BUFFER.

THE PROPOSED ADDITION, WHICH IS A SCREENED PORCH, IS APPROXIMATELY 375FT².

IT'S LOCATED ON THE WATER SIDE OF THE HOUSE.

IT WILL ALIGN WITH THE EXISTING PORTION, WHICH IS CLOSER TO THE WATER NOW, WHICH IS A SUNROOM.

IT WON'T PROJECT ANY FURTHER THAN WHAT THE EXISTING HOUSE IS IN ITS CURRENT CONFIGURATION.

IT SHOULD BE NOTED THAT THERE ARE TWO SETS OF LANDINGS AND STAIRS THAT ARE IN THAT VICINITY THAT ARE USED TO ACCESS THE HOUSE, WHICH WILL BE REMOVED FOR CONSTRUCTION OF THE PROPOSED ADDITION.

THEREFORE, THAT NET INCREASE IN LOT COVERAGE WILL BE MINIMIZED TO AN EXTENT.

SO THAT'S KIND OF WHAT WHAT I'VE GOT HERE IF YOU'VE GOT SOME QUESTIONS FOR ME.

OKAY. NEXT, I HAVE TO ASK ARE ALL THREE OF YOU GOING TO BE TESTIFYING TONIGHT OR.

[00:05:06]

IF YOU THINK IF YOU THINK YOU HAVE ANYTHING TO SAY, THEN WE'RE GOING TO SWEAR ALL OF YOU IN.

IF YOU'RE JUST GOING TO SIT THERE AND LISTEN, THEN YOU WON'T NEED TO.

YOU WON'T NEED TO SWEAR IN, BUT OKAY.

OKAY, WELL, I GUESS I'LL JUST GET YOU TO STAND.

I GUESS YOU GUYS CAN JUST COME UP TO THIS FRONT BOARD, BECAUSE THEN YOU CAN BE IN THE MIC SO WE CAN HEAR YOU AND ACTUALLY MAKE SURE IT'S ON.

YOU ARE ACTUALLY SPEAKING.

IT'S BETTER IF YOU'RE IN THIS LINE.

AT THIS LINE. OKAY, AND THEN I JUST I GOT TO GIVE YOU THE OATH.

YOU JUST HAVE TO RAISE YOUR RIGHT HAND THAT MIC IS ON, RIGHT? YEAH. IT'S ON. OKAY.

YEP. OKAY, BUT AT THE SAME TIME.

HERE. I'LL DO THAT. YEAH.

YOU'LL TAKE THE SWEARING IN, THEN YOU'LL DO YOUR NAMES AND ADDRESSES INDIVIDUALLY.

OKAY. ALL RIGHT. DO YOU HEREBY SOLEMNLY DECLARE, AFFIRM UNDER THE PENALTIES OF PERJURY, THAT THE STATEMENT YOU MAKE AND THE TESTIMONY YOU GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.

YES, YES, AND THEN JUST SAY YOUR NAME AND ADDRESS.

TRAVIS EWING 10475 [INAUDIBLE] DRIVE, CORDOVA.

OKAY. NICHOLAS [INAUDIBLE], 22041 GANNON DRIVE, PRESTON.

OKAY. YEAH.

YOU GUYS CAN HAVE A SEAT, AND YOU CAN PRESENT YOUR CASE.

WELL, WE'RE JUST LOOKING TO ADD ON THE SCREEN PORTIONS TO TAKE ADVANTAGE OF THE WATER VIEWS AND THE FRESH AIR AND, YOU KNOW, PURCHASE THIS PROPERTY ON THE CHOPTANK RIVER AND JUST WANT TO ENJOY THE VIEWS OF IT, AND WE'RE NOT WE'RE NOT BUILDING ANYTHING ANY CLOSER TO THE WATER OTHER THAN THE STRUCTURE THAT'S ALREADY THERE, AND IT'S ADJACENT TO A SUNROOM.

IT'S NOT AFFECTING THE NEIGHBOR'S VIEWS AT ALL.

IT SEEMS LIKE A FAIRLY MINIMAL IMPACT.

YOU KNOW, IT'S JUST NO TREES ARE BEING AFFECTED OR ANYTHING LIKE THAT.

DO YOU WANT DO YOU WANT TO JUST READ THROUGH, LIKE EXHIBIT THREE, PAGE TWO OF FOUR, WHERE YOU YOU HAD SOME QUESTIONS, YOU FILLED IN LIKE ANSWERS.

DO YOU STILL HAVE THAT, TRAVIS? THE FORM THAT WE FILLED OUT FOR THE APPLICATION.

IF YOU COULD READ THROUGH, START WITH A AND JUST READ THROUGH ALL THAT.

THE EXISTING HOUSE WAS BUILT IN 1970.

IS PARTIALLY WITHIN THE 100 FOOT BUFFER.

STRICT APPLICATION OF THE ZONING CHAPTER WOULD NOT ALLOW FOR A REAR PORCH ADDITION THAT WOULD PROVIDE SPACE FOR RELAXATION, SCENIC VIEWS, AND FRESH AIR EXPOSURE.

THE OTHER PROPERTIES IN THE NEIGHBORHOOD WERE ALSO BUILT PRIOR TO THE CREATION OF A 20-FOOT BUFFER, AND HAD ALREADY DEVELOPED SPACES WITHIN THE HUNDRED FOOT BUFFER. THE HOUSE WAS BUILT IN 1970 PRIOR TO THE ESTABLISHMENT OF THE BUFFER.

THE PROPOSED PORCH ADDITION IS IN LINE WITH THE EXISTING HOUSE'S EXTERIOR WALL NEAREST TO HIGH WATER, AND WILL NOT AFFECT WATER VIEWS FROM NEIGHBORING PROPERTIES.

MOST HOUSES IN CAROLINE COUNTY IN GENERAL WERE NOT BUILT AS A SOLUTION, HE EXPLAINED CONDITION.

HE EXPLAINED HOW THE CONDITION, SITUATION OR INTENDED USE OF THE PROPERTY CONCERNED IS NOT A GENERAL OR RECURRING NATURE AS TO MAKE THE PRACTICE A GENERAL AMENDMENT TO THE ZONING CHAPTER, AND THUS IT'S NOT MANY HOUSES THAT WERE BUILT WITHIN 100 FOOT BUFFER.

SO IT'S KIND OF, I GUESS, OUT OF THE ORDINARY SITUATION TO EXPLAIN HOW THIS VARIANCE WILL BE THE MINIMUM NECESSARY TO AFFORD RELIEF THE PROPOSED PORCH ADDITION IS IN LINE WITH THE EXISTING HOUSE'S EXTERIOR WALL, AND WILL NOT AFFECT WATER VIEWS FROM THE NEIGHBORING PROPERTIES.

IS THERE A FINANCIAL HARDSHIP AS A RESULT OF STRICT ENFORCEMENT OF THE ZONING REGULATION? IF SO, EXPLAIN HOW.

NOT ALLOWING FOR THE PORCH ADDITION WOULD LOWER THE VALUE OF THE PROPERTY.

DO YOU WANT TO GO THROUGH A CRITICAL AREA ONE YEAH, YEAH.

EXPLAIN HOW GRANTING OF THE VARIANCE WILL NOT ADVERSELY AFFECT WATER QUALITY OR ADVERSELY IMPACT FISH, WILDLIFE, OR PLANT HABITAT WITHIN THE CRITICAL AREA.

THE ROOFTOP DISCONNECT FROM THE PORCH WILL EXCEED THE MINIMUM 60 FOOT LENGTH OVER VEGETATED AREAS.

SO, YOU KNOW, MEET KIND OF THE CODE REQUIREMENTS FOR STORMWATER.

SO IT SHOULDN'T HAVE ANY EFFECT.

AS FAR AS THE I GUESS THE CODE IS CONCERNED, AND THEN I WAS NOT.

[00:10:09]

[INAUDIBLE] JUST ASK ME SOME QUESTIONS.

SURE. I THINK THAT MAKES SENSE.

YEAH. UNLESS THEY HAVE ANYTHING FURTHER.

IS THERE ANYTHING YOU'D LIKE TO ADD, NICK? NO IT SEEMS LIKE EVERYTHING'S BEEN EXPLAINED.

GO AHEAD.

KAREN, HAVE YOU GOT SOME QUESTIONS? OH, BECAUSE YOU JUST KNOW I DO.

YES. WELL I'M FOLLOWING ALONG.

I THINK THE FIRST THING I WANT TO DO IS, IS BRING TO MIND, BRING TO LIGHT THE, THE CRITICAL AREA THING THAT WAS SENT, SENT OUT THAT YOU GUYS JUST GOT AND I THINK VARIANCES AND THE STANDARDS PER COMAR HAVE BEEN MET, BUT YOU HAVE TO ALWAYS LOOK AT THE FACT THAT THERE IS THE STANDARD OF UNWARRANTED HARDSHIP, GIVEN THERE APPEARS TO BE AN OPPORTUNITY TO RECONFIGURE THE PORCH OR ENTIRELY OUTSIDE THE BUFFER.

WE WERE LOOKING AT YOUR PLANS, AND WE CAN SEE THAT THERE'S REALLY NOT YOU CAN'T PUT IT ON THE BEDROOM SIDE AND YOU CAN'T PUT IT NECESSARILY.

I MEAN, THE ONLY PLACE REALLY YOU COULD DO IT WOULD BE OVER BY THE LAUNDRY ROOM.

RIGHT? BUT EVEN THEN IT'S KIND OF TRICKY AND WE'RE NOT SURE THAT WOULD ACTUALLY WORK EITHER, BUT YOU ALSO HAVE A 30 FOOT LONG SCREENED IN PORCH THAT IS DEFINITELY NOT MINIMUM NECESSARY TO AFFORD RELIEF, AND THAT'S WHAT WE'RE LOOKING.

THAT'S WHAT WE'RE THAT'S WHAT WE'RE HERE TO ASSIMILATE.

WE HAVE TO KIND OF BASICALLY SAY TO YOU, IN ORDER FOR US TO GRANT THIS, YOU'VE GOT TO SHOW THAT YOU'RE GIVING THE LEAST AMOUNT OF INFILTRATION INTO THAT AREA, BECAUSE TECHNICALLY, THE LAWS SAY YOU CAN'T DO IT, AND WE UNDERSTAND THAT THE HOUSE WAS BUILT BEFORE, BUT YOU BOUGHT THE HOUSE WITH IT BEING THAT WAY, AND HOPEFULLY YOU WERE AWARE THAT THERE WAS A 100 FOOT BUFFER AND ALL THOSE THINGS THAT TIE IN, AND I DON'T THINK NOT PUTTING A PORCH ON OR A SCREENED PORCH IS GOING TO DEVALUE YOUR HOME.

YOUR HOME'S VALUE IS THE VALUE THAT IT IS WITHOUT THE PORCH PERIOD.

IF YOU SO THAT DOESN'T REALLY MAKE SENSE IN MY OPINION.

THAT DOESN'T GIVE A HARDSHIP FINANCIALLY.

HARDSHIPS FINANCIALLY ARE LIKE, IF YOU CAN'T USE YOUR HOME, YOU CAN'T LIVE IN YOUR HOME, AND THAT'S NOT THE CASE.

YOU HAVE AMPLE WAYS TO USE AND ENJOY THAT BEAUTIFUL WATERFRONT.

YOU CAN USE THAT THE EXISTING PAVERS THAT YOU HAVE THERE AND IT SIT OUTSIDE.

YOU JUST DON'T HAVE THE SCREENED IN PART.

SO REALLY WE'RE SITTING HERE WITH A DEBATE NOW, AND SO WE WANT YOU TO KIND OF TELL US WHY.

GIVE ME SOME REASONS AND EVERYBODY HERE REASONS WHY THAT WHAT I'M SAYING DOESN'T MAKE SENSE.

DO YOU KNOW WHAT I'M SAYING? YOU HAVE TO PROVE THAT TO US, IN ESSENCE.

ANYTHING ELSE YOU GUYS WANT TO ADD TO THAT? NO, AND WITH KAREN IS SAYING IS, AS HOMEOWNERS, WE KNOW WHAT YOU WANT, BUT WE NEED TO HEAR YOU SAY THESE THINGS, AND ALSO, AS KAREN SAID, YOU KNOW, TO 30FT, YOU'RE JUST TRYING TO FILL IT FROM A TO B TO MAKE IT LOOK UNIFORM, BUT ALSO. IS, YOU KNOW, YOU GUYS MIGHT HAVE TO SAY, OKAY, IF, IF YOU ALLOW US TO STAY TO 12.6 SO IT STICKS OUT AS FAR AS OUR EXISTING ROOM DOES NOW.

HOW MUCH COULD WE CUT OFF OF THAT? IF YOU THINK THAT THERE'S A CHANCE THAT IT'LL GET GRANTED AND LET YOU HAVE THAT YOU KNOW, COULD WOULD YOU.

MINIMUM NECESSARY.

WHAT'S THE MINIMUM SIZE OF THAT ROOM THAT WOULD MAKE YOU FEEL LIKE IT'S GOOD? HONESTLY, WE'VE HAD PEOPLE THAT TELL US THAT'S WHAT WE WANT.

WELL, I'VE ACTUALLY TALKED THEM DOWN ALREADY.

YOU KNOW, WE ORIGINALLY WERE LOOKING AT A LARGER PORCH AND IT WAS CLOSER TO THE WATER.

YOU KNOW, THEY'VE GOT, YOU KNOW, FAMILY IN THE AREA.

YEAH. YOU KNOW OBVIOUSLY THEY WANT TO BE ABLE TO, YOU KNOW, SIT AT A TABLE.

TOTALLY UNDERSTAND THAT.

YOU KNOW, IT'S AND LIKE YOU SAID ESTHETICALLY, YOU KNOW, YOU WANT TO LINE UP WITH THE CORNERS OF THE HOUSE.

YOU KNOW, YOU DON'T WANT IT TO LOOK LIKE.

I MEAN, WE ALL GET THAT, TRUST ME, BUT THAT'S WE ALSO HAVE A WE ALSO ARE DOING A JOB THAT WE'VE BEEN APPOINTED TO DO, AND I FEEL FOR YOU BECAUSE MY WHOLE HOUSE IS IN 100 FOOT BUFFER, SO I CAN'T DO ANYTHING TO MY HOUSE.

SO I UNDERSTAND WHERE YOU GUYS ARE COMING FROM, BUT WE HAVE WE HAVE RULES.

WE HAVE REGULATIONS THAT WE HAVE TO GO BY.

SO WE'RE NOT NECESSARILY AGAINST YOU.

WE JUST HAVE TO FOLLOW OUR RULES.

CATHERINE, PULL UP EXHIBIT NINE, PAGE 4 OR 5 BECAUSE I GOT A QUESTION. IS THERE AN IMAGE? YEAH. IT'S THE PHOTOS OF THAT PART OF THE HOUSE WHERE THEY WANT TO PUT THE PORCH.

[00:15:04]

OKAY. YOU KNOW WHAT? THAT'S GOOD ENOUGH. THAT'S GOOD ENOUGH.

SO YOU YOU BOUGHT THE HOUSE IN 2021? WE BOUGHT THE HOUSE IN SEPTEMBER 20TH 2021, AND WHEN WE PURCHASED IT, IT WE WENT IN AND ACTUALLY DID AN ENTIRELY NEW SEPTIC SYSTEM, THE VAT SYSTEM, AND DID ALL THAT.

THAT WAS A GREAT EXPERIENCE THAT WORKED OUT REALLY WELL, AND THEN WE WORKED WITH EWING CONSTRUCTION TO DO A FULL RENOVATION OF THE HOUSE.

MY WIFE AND I VIEW THIS AS OUR FOREVER HOME.

MY PARENTS ACTUALLY LIVE NEXT DOOR.

I GREW UP IN THE NEIGHBORHOOD OVER ON WOOLEY ROAD.

IT'S THE DORCHESTER SIDE, BUT AND THEN KELLY GREW UP IN EASTON AND WE WENT TO.

WE WERE HIGH SCHOOL SWEETHEARTS.

WE WENT TO SCHOOL TOGETHER AND THEN RECONNECTED OUR TEN YEAR HIGH SCHOOL REUNION.

SO FOR US, YOU KNOW, WE VIEW THIS AS BEING HERE FOR AS LONG AS WE CAN, GOD WILLING, AND FOR US, THE INTENT OF THE PORCH WAS LIKE YOU HAD MENTIONED THAT WE'RE JUST LOOKING TO FILL IN THAT SORT OF RECTANGLE SPACE RIGHT THERE AND GO NO FURTHER THAN WHAT THE EXISTING SUNROOM IS.

SO FROM FOR US, IT'S WE'VE DONE THE YOU KNOW, ENVIRONMENTAL PART OF IT WITH THE SEPTIC TANK.

IT JUST NEEDED TO BE REPLACED.

SO THAT WAS, THAT WAS LIKE A WE KNEW THAT WHEN WE PURCHASED THE HOUSE AND THEN THE RENOVATION WAS TO SORT OF BUILD OUR FOREVER HOME, AND THEN WE SEE THIS AS THE FINAL PIECE TO PUT THAT TOGETHER FOR, YOU KNOW, OUR FAMILY, HOPEFULLY FUTURE FAMILY AND FRIENDS AND ALL THAT.

SO THAT'S THE INTENT BEHIND IT.

SO OKAY, SO THE QUESTION I HAVE IS IT LOOKS LIKE THERE'S STONE AND STUFF AROUND LIKE THE PATIO CHAIRS AND YOUR STEPS AND STUFF.

WAS IT GRASS BEFORE OR WAS THERE STONE THERE BEFORE? WHEN WE PURCHASED THE HOME WHAT WAS THERE.

WAS THAT CONCRETE LANDING.

THAT'S KIND OF HARD TO SEE. IT'S BEHIND THAT CHAIR RIGHT WHERE THAT SLIDING GLASS DOOR IS.

SO THAT IS, THAT HAS BEEN THERE SINCE WE'VE OWNED THE HOME, AND THEN WHERE THAT GRILL IS THERE WAS LIKE A GIANT, YOU KNOW, WOOD.

IT WAS LIKE A IT HELD A BUNCH OF FIREWOOD, BUT EVERYTHING WAS ROTTED OUT AND EVERYTHING LIKE THAT.

SO WE REMOVED ALL OF THAT AND WE PUT THE ROCKS DOWN BECAUSE THAT LAND JUST WENT TO NOTHING.

IT WAS LIKE DIRT. IT WASN'T EVEN GRASS THERE.

SO WE DID THAT.

SO HOW DID MATT, IS THERE ANYTHING THAT WE NEED TO CONSIDER? BECAUSE THAT'S AN IMPERVIOUS AREA TOO CLOSE TO THE BUFFER.

IS THERE ANYTHING THAT NEEDS TO BE ADDRESSED WITH THAT? I MEAN, SO FROM A TECHNICALLY KIND OF SORT OF, BUT NOT REALLY.

IT'S ALREADY DONE? WE DON'T REQUIRE PERMITS FOR THAT.

OKAY, BUT CRITICAL AREA HAS LOT COVERAGE LIMITS, AND YOU KNOW, LOT COVERAGE WOULD HAVE TO BE OFFSET THAT KIND OF STUFF.

SO YOU KNOW, OBVIOUSLY WITH THEM BUILDING DIRECTLY OVER IT, YOU KIND OF NEGATE THAT AT THAT POINT.

IT'S AND TRAVIS HAS DONE A BUFFER MANAGEMENT PLAN ALREADY.

IT'S BEEN SUBMITTED AS PART OF THEIR BUILDING PERMIT APPLICATION.

SO HE'S ALREADY ACCOUNTED FOR MITIGATION FOR THIS ENTIRE AREA ON A, ON A 3 TO 1 BASIS WHICH IS WHAT THEY WOULD REQUIRE FOR COMAR.

YEAH. OKAY.

IF I COULD ADD ONE MORE THING, I BELIEVE IT'S IN THESE PHOTOS.

I'M NOT SURE, BUT ANOTHER THING THAT WE DID WAS WE ADDED, I BELIEVE, 25 BUSHES ALONG THE END BECAUSE THIS, THIS PROPERTY SITS KIND OF ON A CLIFF.

SO FROM A SAFETY STANDPOINT, WE DON'T WANT ANYBODY OR DOGS OR ANYTHING JUMPING OVER.

WE PUT IN A BUNCH OF BUSHES.

YOU CAN I THINK THAT'S AN EXHIBIT NINE.

KEEP ON SCROLLING DOWN.

I THINK IT'S EXHIBIT NINE, 4 OR 5, AND IT WAS UNRELATED TO ANY PREVIOUS PERMITS OR ANY CONSTRUCTION.

WE JUST DID IT. THERE YOU GO.

OKAY. YEAH. THOSE THERE TO THE RIGHT.

WE DID THE ENTIRE ROW.

THAT TREE WAS THERE, BUT WE DID THAT ENTIRE ROW THERE TO HELP WITH, YOU KNOW, ONE COSMETIC BUT TO EROSION AND THEN STABILIZING.

RIGHT. TO DO THAT, AND THAT'S BEEN GREAT.

UNFORTUNATELY IT'S NOT TO MY KNOWLEDGE, THEY'RE NOT MARYLAND NATIVE, BUT IN OUR IN OUR PLAN THAT TRAVIS HAD PUT TOGETHER, WE WOULD ADD THE NECESSARY TREES AND SHRUBS OR WHATEVER TO COVER WHAT WE'RE INTENDING TO DO WITH THE PORCH.

SO I JUST WANTED TO ADD THAT WE ALSO DID THAT IMPROVEMENT TO THE PROPERTY TO HELP WITH THE SAFETY OF THAT CLIFF.

YES. ANY QUESTIONS? DID YOU GUYS HAVE ENOUGH TIME TO READ OVER THE EXHIBIT THAT WE ENTERED IN?

[00:20:02]

DID YOU GUYS ALL READ IT? IF YOU NEED A MINUTE, JUST GO AHEAD AND READ IT.

THAT'S THE NUMBER ONE THING THAT HAS TO BE MET, RIGHT? CRITICAL AREAS.

CRITICAL AREA VARIANCES, AND THIS IS IN THE CHAPTER UNWARRANTED HARDSHIP MEANS THAT WITHOUT A VARIANCE, AN APPLICANT SHALL BE DENIED REASONABLE AND SIGNIFICANT USE OF THE ENTIRE PARCEL OR LOT FOR WHICH THE VARIANCE IS REQUESTED, AND THAT MUST BE MET IN ORDER TO GIVE THE VARIANCE.

THIS IS NOT HERE.

I'LL JUST READ IT. SO THIS IS FROM THE CRITICAL AREA COMMISSION.

THIS IS ONE OF THE REQUIREMENTS, THE NUMBER ONE, AND IT'S A DEFINITION.

IT SAYS IN THIS CHAPTER, AN UNWARRANTED HARDSHIP MEANS THAT WITHOUT A VARIANCE, AN APPLICANT SHALL BE DENIED REASONABLE AND SIGNIFICANT USE OF THE ENTIRE PARCEL OR LOT FOR WHICH THE VARIANCE WAS REQUESTED.

WHICH THERE'S NO WAY THAT YOU MEET, THAT THERE'S NO WAY BECAUSE YOU'RE NOT BEING REDUCED TO NO USE OF YOUR PROPERTY.

YOU HAVE ALL THE USE YOU NEED, ALL THE USE YOU WANT.

YOU JUST THEY DON'T HAVE ANY COVERED OUTDOOR SPACE.

I KNOW, BUT THAT'S NOT A REQUIREMENT.

THAT'S NOT, THAT'S JUST A THAT'S SOMETHING THAT THEY DESIRE.

IT'S NOT A IT'S NOT, IT'S COMMON TO MOST OTHER PROPERTIES.

MOST OTHER LOTS AND COMMON OR NOT, I THINK COVER OUTDOOR SPACE.

THAT'S KIND OF I WOULD SAY AN AVERAGE OF THE MAJORITY OF HOUSES IN CAROLINE COUNTY.

I WOULD THINK IT HAD A COVERED OUTDOOR SPACE, BUT THERE'S A CLEAR DEFINITION.

UNWARRANTED HARDSHIP MEANS WITHOUT THE VARIANCE, AN APPLICANT SHALL BE DENIED REASONABLE AND SIGNIFICANT USE OF THE ENTIRE PARCEL OR LOT FOR WHICH THE VARIANCE IS REQUESTED.

YOU DON'T MEET IT, AND THAT'S ONE THING WE MUST MEET IN ORDER TO APPROVE A VARIANCE IN COMAR, AND THAT'S CRITICAL AREAS.

WHEN YOU'RE DEALING WITH CRITICAL AREAS IT'S DIFFERENT THAN A VARIANCE.

IT'S A VARIANCE WITH CRITICAL AREAS INVOLVED, AND THEN IT BECOMES THAT MUCH MORE OF AN ISSUE, AND YOU JUST YOU DON'T MEET THAT, AND WE'VE AND I'VE BEEN EDUCATED ON THAT REPEATEDLY WITH CRYSTAL, THE DIRECTOR OF THIS ORGANIZATION, AND SHE HAS REPEATEDLY SAID TO ME, IF THAT IS NOT MET IN SIGNIFICANT USE MEANS, YOU KNOW, I CAN'T LIVE ON MY I CAN'T LIVE IN MY HOUSE AND I CAN ONLY LIVE OVER HERE.

I THOUGHT IT SAYS, I MEAN, I DON'T HAVE IT IN FRONT OF ME, BUT IT SAYS FOR WHICH THE VARIANCE WAS REQUESTED.

YES. AS REQUESTED.

SO THEY CAN HAVE OUTDOOR COVERED OUTDOOR SPACE.

SO, BUT THE APPLICANT SHALL BE DENIED REASONABLE AND SIGNIFICANT USE OF THE ENTIRE PARCEL OR LOT FOR WHICH THE VARIANCE IS REQUESTED. THAT'S WHAT IT SAYS.

THAT'S COMAR.

THAT'S THE CHESAPEAKE COMMISSION ON CRITICAL AREAS, AND IF WE SAY YES BECAUSE WE FEEL FOR YOU, THEN THEY CAN COME BACK AT US AND SAY, NO, NO, NO, THAT'S NOT ACCEPTABLE.

SO THAT'S WHERE WE RUN INTO THAT SITUATION, AND I DON'T KNOW, PATRICK, IF YOU CAN WEIGH IN ON THAT FOR US OR AM I RIGHT? WHAT I'M SAYING, YOU ARE ABSOLUTELY CORRECT, AND IN FACT, IF YOU WERE TO GRANT THE VARIANCE, THE CRITICAL AREA COMMISSION COULD ACTUALLY APPEAL IT TO THE COURT.

YEAH. SO I FEEL LIKE AT THIS POINT, JUST BECAUSE THAT ONE THING IS NOT MET, I PERSONALLY WILL HAVE TO SAY I CAN'T AND I WON'T BECAUSE THAT'S WHAT THE LAW SAYS TO ME.

THAT'S JUST ME, AND I FEEL LIKE THE REST OF IT, IF WE CAN SAY YES TO ALL THE OTHER THINGS, THAT'S LOVELY, AND WE CAN TRY AND WE WANT TO GIVE IT TO YOU, BUT THAT ONE THING HAS TO BE MET, AND IT'S NOT GOING TO BE MET BECAUSE YOU'RE NOT BEING DENIED THE FULL USE OF YOUR PROPERTY, OR YOU'RE ONLY GOING TO HAVE THIS MUCH LIKE IF YOU COULDN'T HAVE A HOUSE

[00:25:04]

ON YOUR LOT BECAUSE OF THAT, THAT'S A DIFFERENT SITUATION, BUT YOU HAVE A HOME, YOU HAVE A BEAUTIFUL HOME.

IT IS GORGEOUS, BY THE WAY, AND YOU GUYS HAVE DONE A GREAT JOB, AND I'M SUPER THRILLED THAT YOU DID A GREAT JOB ON IT, AND I'M SAD THAT I HAVE TO SAY THIS TO YOU.

IT DOESN'T MAKE ME FEEL ANY BETTER, BUT THAT'S WHAT THE LAW SAYS.

DO YOU AGREE? SADLY I DO, I KNOW, SADLY, WE STILL HAVE TO.

I DO BELIEVE WE STILL HAVE TO GO THROUGH ALL THE OTHER CRITERIA.

WE CAN DO THAT. WE CAN DO THAT.

I JUST WANT TO LET THEM KNOW THIS IS ONE OF THE HARDEST THINGS EVER.

THIS BOARD HAS TO HAS TO BE THE ONE TO DO THOSE THINGS, AND IT'S NOT FUN.

SO MAY I ASK A QUESTION, PLEASE? PLEASE. WE'RE NOT IN DELIBERATION.

SO IF I FROM THIS LETTER THAT WE HAVE RECEIVED 20 MINUTES AGO.

IF I UNDERSTAND CORRECTLY, WE HAVEN'T MET OUR BURDEN OF COMMUNICATING TO YOU ALL THAT IF WE DON'T GET THIS, OUR HOUSE IS NOT ABLE TO BE USED OR OUR PROPERTY IS NOT ABLE TO BE USED, AND THAT SOUNDS VERY, AND YOU'RE CITING THIS COMAR STANDARD, AND I UNDERSTAND WHAT THE ATTORNEY MENTIONED, THAT THIS, YOU KNOW, YOU GUYS COULD BE LIABLE FOR THAT, BUT IT SOUNDS LIKE A VERY SUBJECTIVE, LIKE DECISION IS THAT THIS IS THE BASIC THING THAT WE HAVE TO THAT ABSOLUTELY HAS TO BE A PART OF.

IF THAT ONE ISN'T MET, ALL BETS ARE OFF AND SO BECAUSE THAT'S NOT ABLE TO BE MET BECAUSE OF THAT SPECIFIC WORDING, THAT'S WHAT WE'RE TALKING ABOUT.

OKAY, BUT WE'LL GO THROUGH EVERYTHING AND WE'LL TELL YOU OUR RESPONSE TO ALL OF THE OTHER ASPECTS, AND AT THE END THAT'S GOING TO MAKE US BASICALLY SAY PROBABLY NO, BUT IT ALSO SEEMS BINARY, TOO, LIKE EARLIER IN THE HEARING, YOU WERE MENTIONING HOW, HEY, IS THERE ANYTHING WE COULD DO TO REDUCE THE SCOPE OF IT, EVEN IF WE SAID, HEY, WE'LL MAKE IT HALF THE SIZE, WHICH IS NOT WHAT I'M SUGGESTING.

NO, I GET IT. HYPOTHETICAL, IF WE SAY IT'S HALF THE SIZE, IT'S THE ANSWER IS STILL NO.

I THINK AT THIS POINT IT IS, AM I RIGHT? WOULDN'T YOU AGREE? I WOULD AGREE BECAUSE OF THE SITUATION WITH REGARDS TO THE CRITICAL AREAS AND HOW THEY HAVE THAT WORDED AND HOW THEY TELL US WE HAVE TO PLAY ALONG WITH THOSE RULES.

I THINK THE QUESTION ABOUT THE SIZES RELATING TO ONE OF THE FACTORS.

IS THAT THE VARIANCE YOU'RE ASKING FOR, IT'S NOT, YOU KNOW, YOU'RE NOT SHOOTING FOR THE MOON.

YOU'RE ONLY ASKING FOR THE MINIMUM VARIANCE NECESSARY FOR WHAT YOU NEED, AND I THINK THEIR QUESTION WAS, IS THIS PORCH REALLY THE MINIMUM PORCH YOU WOULD NEED FOR FOR WHAT YOU'RE LOOKING TO DO AND NOT JUST, WELL, WE JUST WANT TO BUILD THIS ADDITION BECAUSE WE THINK IT WOULD BE IDEAL.

I THINK THAT'S WHAT THE QUESTION RELATED TO.

YEAH. SO THERE ARE TWO DIFFERENT THINGS, BUT THEY'RE BOTH FACTORS THAT THEY HAVE TO CONSIDER IN THEIR DECISION.

WELL IF YOU HAVE ANYTHING FURTHER TO ADD, THAT'S FINE BECAUSE WE HAVE TO DELIBERATE AND THEN WE'RE GOING TO GO THROUGH BULLET BY BULLET OUR RESPONSES, AND THEN WE'LL TALK ABOUT THAT AS WELL, AND THEN WE'LL JUST SEE HOW THAT LANDS.

UNLESS YOU HAVE ANYTHING FURTHER TO ADD.

I MEAN I GUESS YOU CAN, YOU KNOW, LOOK AT THIS DIFFERENT WAYS, BUT I MEAN, REASONABLE USE OF A PARCEL TO ME IS FILLING IN THE CORNER WITH A WITH A PORCH THAT JUST TIES INTO SOME ROOM TO THE OUTSIDE EXTERIOR WALL OF THE HOUSE.

THAT DOESN'T AFFECT ANYBODY'S POINTS OF VIEW OR WATER VIEWS.

IT'S NOT ANY CLOSER TO THE WATER.

I MEAN, SOMEBODY HAD TO EXPLAIN TO ME HOW THAT SMALL PORCH WILL HAVE ANY EFFECT ON THE ENVIRONMENT AT ALL, YOU KNOW, AND TOTALLY UNDERSTAND WHAT YOU'RE SAYING.

STORM WATER WE COULD DO THE ADDITIONAL STORM WATER OR PLANT MORE TREES, SO WE'RE HAVING NO REAL EFFECT.

SO IT SEEMS TO ME LIKE IT'S A REASONABLE USE, YOU KNOW, AND YOU'RE DENYING THE REASONABLE USE OF THE LOT.

YOU KNOW, GETTING PUT ON A SMALL PORCH, TYING IN TWO CORNERS OF THE HOUSE, YOU KNOW, IT SEEMS LIKE A REASONABLE REQUEST.

IT'S NOT EVEN A QUESTION OF IS IT REASONABLE? IT'S A QUESTION OF WHAT DOES THE LAW SAY AND WHAT ARE WE? WHAT ARE WE CONDITIONED TO DO BASED ON? IT'S ALL ABOUT CRITICAL AREAS AND I KNOW IF WE HAD TO GO CASE BY CASE AND WE HAD TO SIT DOWN AND, YOU KNOW, THEY JUST MADE A RULE AND THAT'S WHAT IT IS, AND IT'S UNFORTUNATE THAT YOU'RE GETTING THE SHORT END OF THE STICK ON THIS ONE, BUT THE RULE IS AND YOU KNOW, NOW I HAVE TO HAVE MY PAPER BACK BECAUSE I DON'T HAVE IT IN FRONT OF ME TO READ FROM, BUT SORRY I MEAN, WITHOUT THE VARIANCE, WE CAN'T HAVE A SMALL PORCH THAT TIES IN TWO OUTSIDE CORNERS OF THE EXISTING BUILDING.

YOU KNOW, IT SEEMS LIKE A REASONABLE.

I MEAN, IT SEEMS LIKE UNREASONABLE AT THE TIME, ALLOWED THAT, YOU KNOW, IT'S NOT HAVING ANY EFFECT ON ANYONE OR THE ENVIRONMENT.

SO IT JUST DOESN'T SEEM LIKE A REASONABLE WAY TO LOOK AT IT, AND IN OUR OWN NEIGHBORHOOD, I FEEL AS THOUGH THERE ARE PLENTY OF ADDITIONS BECAUSE ALL THE HOUSES ARE BUILT WITHIN

[00:30:10]

THE CRITICAL AREA. THERE ARE ADDITIONS THAT ARE AFTER 1970.

NOW, I DON'T KNOW THE STATE OF THEIR PERMITS AND WHATEVER.

RIGHT. I CAN'T YOU KNOW, AUDIT THAT, BUT IT JUST SEEMS THAT SOMEONE TRYING TO COME IN WITH THIS IS OUR ONLY HOME.

THIS IS OUR ONLY PROPERTY. WE SEE THIS, YOU KNOW, THIS IS WHERE WE HOPE TO RAISE OUR KIDS.

MY PARENTS LIVE NEXT DOOR, YOU KNOW WE INVESTED, YOU KNOW, HUNDREDS OF THOUSANDS OF DOLLARS TO DO THE RIGHT THING ON THE SEPTIC SIDE OF IT.

WE FIXED THE FOUNDATION WHEN WE MOVED IN BECAUSE THERE WERE SOME ISSUES THERE.

WE DID THE COSMETIC, BUT ALSO THE SAFE THING IN THE BACK WITH THE HEDGE WITH THE TREES, AND WE FOLLOWED ALL THE RULES WITH EWING CONSTRUCTION AND DOING THE FULL RENOVATION THAT WE DID AND TO, YOU KNOW, TO ME TO GET TO, YOU KNOW, THE TEN YARD LINE OF THIS RENOVATION JUST TO HEAR THAT.

OH, YOU KNOW, BECAUSE OF YOU HAVEN'T BEEN ABLE TO PROVE THIS.

I DON'T KNOW THE RIGHT TERMINOLOGY, I DON'T KNOW, YEAH THE UNWARRANTED HARDSHIP AND THE HARDSHIP.

YOU KNOW, IT JUST SEEMS YOU KNOW, IT SOUNDS IT SOUNDS VERY MESSY, AND I TOTALLY UNDERSTAND WHERE YOU'RE COMING FROM.

100%. WE DON'T DISAGREE WITH YOU AT ALL, BUT IF THERE'S AT THIS POINT, IF THERE'S NOTHING FURTHER, WE HAVE TO START THE DELIBERATION AND WE HAVE TO GO THROUGH ALL THE DIFFERENT POINTS AND THEN WE'LL BRING THIS UP, AND IF WE HAVE ANY OTHER QUESTIONS, WE'LL ASK YOU, BUT I FEEL LIKE YOU GUYS HAVE PRESENTED EXACTLY WHAT YOU PRESENTED, WHICH WAS EXACTLY WHAT WE WOULD EXPECT.

EVERYTHING IS THE WAY THAT IT SHOULD BE, AND I YOU KNOW, I DON'T DISAGREE WITH WHAT YOU'RE ASKING FOR, BUT I KNOW WHAT WE'RE TOLD WE HAVE TO DO, SO.

YEAH. PATRICK, IS THERE SOMETHING YOU WANTED TO ADD OR? NO. NO. MATT, IS THERE ANYTHING YOU NEED TO ADD? YEAH. I DON'T HAVE ANYTHING.

OKAY. WELL.

DO YOU GUYS HAVE ANYTHING ELSE YOU WANT TO ADD? IT DOESN'T SOUND LIKE ANYTHING ELSE I COULD PRESENT.

WE COULD CHANGE ANYTHING.

SO YOU KNOW, I GUESS YOU NEVER JUST RECEIVED THIS LETTER.

YOU KNOW, AS WE'RE SITTING HERE, SO, YOU KNOW, IF IT IS A NEGATIVE OUTCOME, YOU KNOW, I GUESS WE WOULD HOPE WE'D BE ABLE TO REVISIT THIS.

YOU KNOW, I SAW THERE WAS SOMETHING ABOUT A YEAR.

WAIT. I MEAN, I DON'T THINK PATRICK CAN SPEAK TO THAT.

I'M SURE GOT THIS LETTER TODAY.

YOU KNOW, WE SHOULD BE ABLE TO PREPARE IF IT IS A NEGATIVE OUTCOME.

IF IF THE APPLICATION IS DENIED NO NEW APPLICATION FOR THE SAME VARIANCE ON THE PROPERTY CAN BE ACCEPTED FOR A YEAR.

THE ONLY OTHER THING THAT WE COULD DO IS TABLE IT WHILE YOU GO CHAT WITH, YOU KNOW, THE CRITICAL AREAS COMMISSION AND TRY TO SEE IF THAT'S GOING TO HELP BECAUSE I DON'T WE'RE NOT HERE TO TRY TO HOLD YOU OFF FOR A YEAR AND KEEP YOU FROM DOING THIS AGAIN FOR A YEAR, BUT TABLING IT WOULD GIVE THEM THE OPPORTUNITY TO VISIT THAT AND OR SEE IF THERE'S ANYTHING FURTHER THAT THEY COULD ELABORATE BASED ON THAT ONE ISSUE AND, YOU KNOW, PRESENT YOUR CASE TO THEM, SAY TO THEM, THIS IS WHAT WE FEEL, AND ARE WE WRONG? YOU KNOW WHAT I MEAN? BECAUSE IF THEY HAVE A DIFFERENT OPINION OR THEY THEY SEE SOMETHING WE'RE MISSING AND THEY WEIGH IN ON IT DIFFERENTLY, THEN THAT COULD BE TO YOUR BENEFIT.

I MEAN, THAT'S THE ONLY THING I COULD RECOMMEND IF WE TABLED IT.

RIGHT? BECAUSE THEN YOU'RE NOT WE'RE NOT FINDING ANYTHING TONIGHT.

WE'RE JUST SAYING, HEY, WE'RE TABLING IT AND WE COULD REVISIT THAT.

DO WE DO WE HAVE TO SET A DATE? IF WE DID TABLE IT? I DON'T BELIEVE SO.

I BELIEVE THERE WAS SOMETHING THAT CRYSTAL SAID ABOUT A CERTAIN AMOUNT OF TIME THAT THEY COULD COME BACK IN, AND I DON'T KNOW IF THERE WAS A REAPPLICATION FEE OR WHAT THAT WAS ABOUT. I'M NOT SURE, MATT, IF WE DID SAY, OKAY, MATT, WHAT DO YOU I MEAN, HOW LONG WOULD IT TAKE TO GET A RESPONSE FROM THEM IF THEY WENT TO THEM? I MEAN, YOU DEAL WITH CRITICAL AREA COMMISSION.

YEAH. I MEAN, GIVEN THAT THEY JUST REVIEWED IT AFTER, THEY WOULD BE PRETTY RESPONSIBLE.

YEAH, THEY JUST REVIEWED IT.

YEAH. I GOT THIS LETTER AT 4:00 THIS AFTERNOON.

YEAH, SERIOUSLY, I'M NOT JUST THROWING IT ON YOU LAST.

I MEAN, I WALKED IN HERE WITH THEM.

JUST HANDED IT TO THEM. HEY, I GOT THIS AT 4:00.

YEAH, BUT THEY GOT THEY GOT HERE AT FIVE, SO, I MEAN, I DON'T KNOW IF THEY'RE GOING TO BE ANY ANY BETTER WITH YOU, BUT I DON'T KNOW.

HAD YOU NOT RECEIVED THIS TODAY, I THINK I PROBABLY STILL WOULD HAVE HAD THE ISSUE WITH THE HARDSHIP, BECAUSE THE HARDSHIP IS THE HARDSHIP.

[00:35:01]

THIS WE WOULDN'T HAVE HAD THIS PART, BUT I STILL WOULD HAVE GONE WITH THE HARDSHIP ISSUE IS NOT BEING MET.

THEY'RE STILL BOUND TO THOSE CRITERIA, WHETHER THE CRITICAL AREA COMMISSION WEIGHS IN OR NOT.

YEAH, OKAY. WE'RE BOUND TO THAT REGARDLESS.

YEAH. SO I DON'T KNOW IF IT'S GOING TO BE HELPFUL OR NOT I DON'T KNOW.

I MEAN, IF YOU GUYS WANT TO TAKE A MINUTE TO DISCUSS IT OR IF YOU JUST WANT TO MOVE FORWARD AND LET US DELIBERATE, IT'S YOUR CALL IF GO AHEAD.

NO. GO AHEAD. BASED ON EVERYTHING I HEARD, IT SOUNDS LIKE WE'RE HEADING TOWARDS A DENIAL.

SO MY PREFERENCE WOULD BE TO, YOU KNOW, DO WHATEVER NECESSARY TO PAUSE THIS OR SUSPEND THIS SO WE CAN REVIEW THIS AND UNDERSTAND WHAT OUR RECOURSE IS.

YEAH. BECAUSE TO GO THROUGH THIS WHOLE PROCESS AND GET DENIED AND THEN HAVE TO WAIT A YEAR, THAT'S MY POINT.

THAT TO ME, DOESN'T SEEM REASONABLE.

SO ANYTHING WE COULD DO TO PAUSE IT OR SUSPEND IT SO WE CAN REGROUP AND FIGURE OUT WHAT THE NEXT STEP IS, THAT WOULD BE APPRECIATED.

ABSOLUTELY. I MEAN, OUR GOAL IS NOT TO NOT TO CAUSE PROBLEMS. IT'S TO BE AS OPEN AS WE CAN WITH YOU AND GIVE YOU THE OPPORTUNITY.

WE JUST DON'T WANT TO SEE. YOU HAVE TO WAIT A YEAR.

SO TABLING IT, IF YOU WANT TO JUST MAKE A MOTION TO TABLE IT, THEN WE.

PATRICK, IS THERE ANYTHING ELSE WE HAVE TO DO BEFORE WE WOULD MAKE THAT MOTION TO TABLE THE THAT THE APPLICANT IS ASKING US TO TABLE IT SO THEY CAN BECAUSE OF THE NEW INFORMATION.

YEAH. WE TABLE IT PENDING FURTHER FURTHER RESPONSE FROM THE APPLICANTS AS TO HOW THEY WANT TO PROCEED, AND THEN WE'LL JUST HAVE TO KEEP KEEP TRACK OF IT RIGHT BEFORE WE TABLE IT.

CATHERINE, I THINK I HEARD THIS ONE TIME BEFORE.

IS THERE? THIS HAD NOTHING TO DO WITH US.

IT'S THEM, BUT DON'T THEY HAVE TO PAY, LIKE, FEES FOR RE POSTING IT AND ALL THAT WHEN THEY COME BACK.

OR AM I WRONG? I BELIEVE IN THE ADVERTISING BECAUSE IT IS A PUBLIC HEARING.

YEAH, IT HAS TO BE 230.

I BELIEVE THERE MAY BE ADDITIONAL FEES WITH IT.

YES, BUT IF YOU FIND OUT BUT IF YOU GO TO CRITICAL AREAS AND THEY PRETTY MUCH SAY, OH NO, THEY WERE RIGHT ON THE MONEY AND THEY'RE THEY'RE GOING TO BE LIKE, NO, YOU KNOW WHAT I MEAN? THEN YOU'LL KNOW YOU DON'T HAVE TO COME BACK.

YOU CAN JUST SAY, OKAY, WELL, NOW WE'RE SCREWED.

WE CAN'T DO IT IF THAT'S WHAT IT COMES TO, AND YOU DON'T HAVE TO REAPPLY, OR IF THEY GIVE YOU SOME HINT OF AN IDEA THAT, YES, IT CAN BE DONE.

IF THIS OR THAT HAPPENS, THEN YOU COULD INVEST IN IT AND COME BACK TO US WITH ALL THE INFORMATION.

YOU KNOW, YOU'RE WELCOME TO BRING AN ATTORNEY IF YOU FEEL THAT'S GOING TO BE HELPFUL AS WELL.

I MEAN, AGAIN, I'M JUST TRYING TO GIVE YOU AS MUCH INFORMATION BECAUSE YOU'RE YOU'RE OUR NEIGHBORS OUT THERE, RIGHT? AND WE'RE TRYING TO BE AS FAIR AS WE CAN WITH YOU.

BASED ON WHAT I'VE HEARD, IT JUST SEEMS LIKE TABLE IT, AND, YOU KNOW, BECAUSE IF YOU DO NOT IF WE MOVE THROUGH AND YOU DENIED US AND I GOT TO WAIT A YEAR AND PAY EVERYTHING AGAIN. YEAH, IT'S MORE OF A HASSLE.

YEAH. SO.

WELL, THERE IS ALSO YOU COULD ALSO APPEAL A DECISION FROM THE BOARD AS WELL.

SO THAT'S AN OPTION.

YEAH. IF THEY WERE YOU COULD LET US GO AHEAD AND SAY NO.

THEN YOU COULD TRY TO APPEAL IT, BUT THE APPEAL GOES TO YOU.

IT DOESN'T GO TO SOME. NO.

IT GOES YOU WOULD BE GOING TO THE CIRCUIT COURT.

IT WOULD GO TO THE CIRCUIT COURT SO WE WOULDN'T HAVE TO WEIGH IN.

THE JUDGE WOULD. RIGHT, BUT BY THE TIME YOU GET TO THAT POINT, YOU GET A DECISION YOU'RE PROBABLY GOING TO BE CLOSE TO A YEAR ANYWAY, RIGHT? YEAH. SO YEAH, A TABLE IS YEAH, TABLE.

IT PROBABLY IS THE SAFEST BET.

THE RULES DO SAY THE BOARD MAY POSTPONE OR CONTINUE ANY CASE FOR FURTHER STUDY OR FOR THE RECEIPT AND OR REQUEST FOR ADDITIONAL INFORMATION IF THE DATE, TIME AND PLACE OF THE NEXT MEETING OR HEARING IS ANNOUNCED TO THE MEETING AND FURTHER INDIVIDUAL PUBLISHED NOTICE IS NOT REQUIRED.

OKAY, SO I THOUGHT WE HAD TO MAKE A DATE.

SO IF YOU MAKE A DATE THEN WE DON'T HAVE TO WE DON'T HAVE TO DO ANOTHER PUBLICATION.

THAT WOULD. WHAT DO YOU THINK? WHAT DO YOU WANT TO SAY, CATHERINE? I GUESS NOVEMBER.

YEAH I DON'T KNOW IF THERE'S CURRENTLY ANYTHING ON NEXT MONTH'S CALENDAR OR WHEN THE NEXT CASE WOULD BE AVAILABLE TO BE HEARD.

WOULD IT BE ENOUGH TIME TO DO ONE MONTH, OR WOULD IT BE BETTER FOR US TO PUSH IT TO SEPTEMBER TO GIVE THEM A LITTLE BIT MORE TIME? I DON'T MY PERSONAL OPINION IS THEY'LL NEVER GET THROUGH CRITICAL AREAS IN 30 DAYS, RIGHT? I FEEL THAT, SO EITHER I AGREE WITH THAT.

SO DO YOU THINK WE SHOULD SHOOT FOR SEPTEMBER? AND IF WE NEED TO, WE CAN POSTPONE.

IF YOU GET TO SEPTEMBER AND THEY'RE NOT READY, BUMP IT TO NOVEMBER.

YEAH, WE CAN WE CAN BUMP IT AHEAD.

DID YOU HEAR WHAT PATRICK SAID? SO POSTPONE IT TILL SEPTEMBER AND IF THAT DOESN'T GIVE YOU ENOUGH TIME, JUST LET US KNOW, AND THEN AT THAT.

HOPEFULLY WE WILL HAVE A MEETING BECAUSE THEN WE CAN JUST BUMP IT AGAIN, AND AS LONG AS WE ANNOUNCE IT, THEN AGAIN, WE DON'T HAVE TO REPUBLISH IT AND YOU INCUR THOSE COSTS.

SO IF WE PUT IT TO SEPTEMBER YOU'D HAVE TO COME IN, AND IF YOU HAVEN'T HEARD NOTHING, WE'D HAVE TO BUMP IT AGAIN.

YOU'D HAVE TO COME INTO PLANNING CODES, NOTIFY.

[00:40:01]

I ASSUME YOU, CATHERINE, NOT JUST PATTY OR SOMEBODY AT THE DESK.

YEAH, THAT HEY, WE'RE STILL WORKING WITH CRITICAL AREAS, BUT THERE IS A DEADLINE.

THERE IS A DATE.

IF YOU WANTED TO GO WITH SEPTEMBER, THERE IS A DATE THAT YOU HAVE TO NOTIFY CATHERINE BY, AND SHE CAN LET YOU KNOW WHAT THAT DATE WOULD BE AND SAY WE'RE STILL WORKING WITH CRITICAL AREAS.

CAN WE HAVE ANOTHER MONTH.

SHE ANNOUNCES THAT WE CAN CONTINUE.

OKAY. YEAH, BUT I SEE NO WAY THAT YOU'RE GOING TO BE.

I MEAN, YOU COULD SAY YOU COULD SAY OCTOBER, NOVEMBER.

NOW WE COULD. YEAH, WE COULD, WE COULD SAY NOVEMBER NOW.

I MEAN, IT DOESN'T MATTER IF IT GIVES YOU MORE TIME.

YEAH, WE'RE FINE WITH THAT BECAUSE THE MORE TIME YOU HAVE, THE BETTER YOU PREPARE YOURSELF AND THE MORE YOU CAN GET INFORMATION.

SO IF YOU WANT TO JUST SAY WE'RE GOING TO POSTPONE TILL NOVEMBER, WHOEVER MAKES THE MOTION, I'LL MAKE IT.

OKAY. MAKE IT. YEAH.

GO AHEAD, BUT YOU GOT TO MAKE SURE YOU PUT THE NOVEMBER.

THE NOVEMBER DO DO WE? WHAT IS THE WHAT IS THE MEETING DATE FOR NOVEMBER? THE SECOND. SECOND.

TUESDAY RIGHT? IT WOULD BE, SHOULD BE THE 19TH.

YEP. THE SECOND OR THE THIRD? THE THIRD. OKAY, SO IT'S THE 19TH.

YEAH. SO BY THE 19TH OF NOVEMBER, HOPEFULLY WE'LL SEE YOU.

OKAY. DO I HAVE TO MAKE OR DO YOU TAKE YOU WANT TO DO IT.

YEAH. GO AHEAD MIKE.

OKAY. THEN THERE IS GOING TO BE.

WAIT, BEFORE YOU SAY THAT, BEFORE I MAKE THE MOTION THAT NOVEMBER 19TH WOULD BE THE MEETING DATE, RIGHT? THERE IS A DEADLINE FOR NOTIFICATION.

JUST LIKE THIS MONTH. YOU HAD TO HAVE IT IN BY A CERTAIN DATE, BUT WE DON'T HAVE TO REPOST IT, RIGHT? YOU DON'T HAVE TO REPOST IT AS LONG AS YOU ANNOUNCE THE DATE TIME, BUT IN ORDER TO GET ON THE AGENDA, THEY HAVE TO GIVE NOTICE NOTIFICATION.

SO YOU PROBABLY WITHIN 30 DAYS OF THAT DATE, YOU SHOULD BE IN TOUCH WITH THEM TO LET THEM KNOW IF YOU NEED A FURTHER A LITTLE BIT MORE TIME, OR IF YOU'RE GOING TO BE ONLINE WITH IT. YEAH, IT WOULD PROBABLY BE GOOD TO KNOW THAT BY THE SECOND WEEK OF OCTOBER.

OCTOBER. RIGHT.

IS THAT'S JUST A NOTIFICATION.

RIGHT, BUT IS THAT YOU'RE SAYING PROBABLY OCTOBER, SOMETHING LIKE, HOW DO WE GET A WRITTEN LIKE YOU NEED TO NOTIFY BY THIS TIME? IF YOU DO IT BY THE SECOND WEEK, SHE'LL BE ABLE TO PUT YOU ON FOR NOVEMBER STATE.

OKAY. THAT'S NOT A PROBLEM.

THAT WOULDN'T GO THROUGH ATTACK AGAIN.

NO, NO, IT DOESN'T HAVE TO GO TO THAT FRIDAY IN OCTOBER WHICH IS THE 12TH.

OCTOBER 12TH. IF YOU HAVE EVERYTHING STRAIGHT AND WANT TO GET ON FOR THE NOVEMBER, AND IF YOU DON'T HAVE EVERYTHING STRAIGHT AND YOU SAY WELL LET'S TRY TO GET INTO THE DECEMBER MEETING.

YOU STILL NEED TO LET HER KNOW BY THE 12TH OF OCTOBER AND THIS MEETING IS RECORDED, AND YOU CAN GO ONLINE AND REVISIT ALL THE THINGS THAT WE TALKED ABOUT TO REWATCH, DISCUSS, AND THEN FORMULATE A PLAN SO THAT IF YOU HAVE TO REVISIT SOME OF THE THINGS WE DISCUSSED IN HERE, YOU'LL HAVE THAT TO GO BACK ON, AND THE GOLDEN TICKET, SO TO SPEAK, IS BRINGING SOMETHING BACK FROM THIS COMMISSION THAT THE DEALS WITH THAT UNWARRANTED HARDSHIP PART.

YEAH, AND HOW THEY'RE RESPONDING TO THAT.

IF YOU NEED A COPY OF WHAT KAREN HAD, CATHERINE CAN GIVE YOU A COPY.

YEAH, I'M NOT SURE THE LETTER AND MATT, ARE THERE CRITICAL AREA OF LOCAL CONTACT PEOPLE? OUR LOCAL CONTACT IS ANDY [INAUDIBLE].

SHE'S, AND HER.

THAT'S HER NAME IS THE ONE ON THE BOTTOM OF THE LETTER.

OKAY? SHE'S THE ONE THAT DOES OUR THAT'S WHO WE NOTIFY OUR CRITICAL AREA COMMISSION FOR ANY CRITICAL AREA PROJECT.

SO REACHING OUT TO HER WOULD BE THE PLACE TO START.

OKAY. OKAY. THANK YOU.

GOA HEAD. SO AT THIS TIME, WE'RE GOING TO MAKE A MOTION TO TABLE THE VARIANCE APPLICATION NUMBER 24-0020 T O BE HEARD BACK AT THE NOVEMBER MEETING, WHICH IS THE 19TH OF NOVEMBER.

THE CUT OFF DEADLINE WILL BE OCTOBER 12TH FOR NOTIFICATION TO THE PLANNING COMMISSION TO TALK TO CATHERINE AND LET HER KNOW. I SECOND IT, OKAY.

ALL RIGHT. I WAS GOING TO SAY.

ALL IN FAVOR, SAY AYE.

ALL IN FAVOR.

AYE. OKAY, SO THE MOTION IS PASSED.

OKAY, AND WE APPRECIATE YOUR TIME, AND WE'RE SORRY THAT WE COULDN'T GIVE YOU MORE TONIGHT, BUT WE'RE GRATEFUL THAT YOU WERE ABLE TO UNDERSTAND OUR SITUATION AND WE WISH YOU THE BEST.

THANK YOU. SO WE'RE FINISHED.

[00:45:07]

YES. YEAH.

IS THERE ANYTHING ELSE WE NEED TO.

IT'S SHORTER TO GO OUT THIS DOOR.

OKAY. IS THERE ANYTHING WE NEED TO COVER, CATHERINE? NO MINUTES OR ANYTHING WE HAVE TO REVIEW? NO. IT WAS NICE TO MEET YOU, AND WE'RE SORRY AGAIN.

TAKE CARE. SO, YEAH, I WILL JUST LET THEM GET OUT THE DOOR.

WE'VE GOT TO CLOSE THE MEETING, TOO.

SO WE'RE ABLE TO GO AHEAD AND MAKE A MOTION TO CLOSE TO ADJOURN? OKAY, WELL, I MAKE A MOTION THAT WE ADJOURN AT 6:47 P.M..

I SECOND ALL IN FAVOR? AYE. MEETING IS ADJOURNED.

WE ARE DONE.

* This transcript was compiled from uncorrected Closed Captioning.