I GOTTA TURN MY MICROPHONE ON. OKAY.
[00:00:02]
I'M GOOD. YEAH. MINE'S ON.IT'S 6 P.M. JANUARY 21ST, 2025.
[Opening]
WE WELCOME YOU TO THE CAROLINE COUNTY BOARD OF ZONING APPEALS MEETING.I AM THE CHAIRMAN OF THE BOARD OF ZONING APPEALS.
TO MY LEFT IS VICE CHAIR KAREN HARDY.
TO MY RIGHT IS MEMBER MIKE MANN.
ALSO TO MY RIGHT. IS CATHERINE MCAULEY.
AND. THE BOARD ATTORNEY, PATRICK THOMAS.
BEFORE WE START THE MEETING, WE GOT ONE THING TO TAKE CARE OF REAL QUICK.
[Election of Officers]
IT'S THE TWO 2025, THE ELECTIONS FOR THE BOARD OF ZONING APPEALS.DOES ANYBODY WANT TO MAKE A MOTION? I'LL MAKE A MOTION TO FOR BEN BUTLER TO STAY CHAIR AND KAREN TO STAY CO-CHAIR.
WE'RE NOT GOING TO DO IT THAT WAY.
NO, NO. ARE YOU GOING TO GO AHEAD AND TAKE IT? YEAH.
OKAY, WELL, THEN I'LL CHANGE MY MOTION FOR KAREN HARDY TO BE CHAIR AND BEN TO BE VICE CHAIR. VICE CHAIR. I'LL SECOND THAT MOTION.
AYE. OKAY. OKAY. OKAY, ON TO THE REGULAR MEETING.
[Castillo Vasquez-Variance No. 24-0044]
OKAY. THE BOARD OF ZONING APPEALS HAS THE POWER AND DUTY TO HEAR AND DECIDE APPLICATIONS FOR SPECIAL USE, EXCEPTIONS, VARIANCES, APPEALS. WHERE IT WHERE DOES ALLEGE THERE IS AN ERROR IN ANY ORDER REQUIREMENT, DECISION OR DETERMINATION MADE IN THE ENFORCEMENT OF THE ZONING CHAPTER FOR CAROLINE COUNTY, MARYLAND.THE APPLICANT WILL PRESENT THEIR CASE.
WHEN. THEN WE WILL TAKE TESTIMONY FROM THOSE IN FAVOR OF THE APPLICATION, AND THEN TAKE TESTIMONY FROM THOSE IN OPPOSITION TO THE APPLICATION.
ONCE TESTIMONY FROM BOTH SIDES HAS BEEN GIVEN, WE WILL ALLOW TIME FOR EACH SIDE TO ASK QUESTIONS OF THE OPPOSING SIDE.
ONLY THOSE WHO TESTIFY WILL BE ALLOWED TO ASK QUESTIONS AT THIS POINT.
ONCE CLOSING ARGUMENTS ARE COMPLETE, THE BOARD WILL CLOSE FOR DELIBERATION.
NO ONE FROM THE AUDIENCE MAY SPEAK UNLESS THE BOARD ASK FOR CLARIFICATION.
THE MORE THE BOARD MAKES EVERY EFFORT TO DECIDE AN APPLICATION THE SAME NIGHT THE TESTIMONY IS HEARD, OCCASIONALLY THIS IS NOT POSSIBLE AND A CONTINUANCE WILL BE GRANTED.
OKAY, NOTICE IS HEREBY GIVEN THAT CAROLINE COUNTY BOARD OF ZONING APPEALS WILL HOLD.
A REQUEST BY MR. VAZQUEZ VAZQUEZ FOR A VARIANCE TO THE REMODELING AN EXISTING NINE BY 21 FOUNDATION WITH A 40 FOOT YARD WITHIN WITHIN THE 40 FOOT FRONT YARD SETBACK.
SAID PROPERTY IS LOCATED AT 19 230 CROWN STONE ROAD, MARYDEL, MARYLAND, AND IS FURTHER DESCRIBED ON TAX MAP TWO, GRID NINE, PARCEL 76, OWNED BY THE VAST CLOSES.
AT THIS TIME, I'D LIKE MATT TO READ IN THE EXHIBITS.
ALL RIGHT. EXHIBIT NUMBER ONE IS THE NOTICE OF PUBLIC HEARING PUBLISHED IN THE TIMES RECORD ON JANUARY 8TH AND JANUARY 15TH.
EXHIBIT NUMBER TWO IS THE STAFF REPORT.
EXHIBIT NUMBER THREE IS THE REVISED APPLICATION.
EXHIBIT NUMBER FOUR IS THE REVISED SITE PLAN.
EXHIBIT NUMBER FIVE ARE THE BUILDING PLANS.
EXHIBIT SIX IS THE HEALTH DEPARTMENT APPROVAL.
EXHIBIT SEVEN IS THE STATE DEPARTMENT OF ASSESSMENT TAXATION'S REAL PROPERTY DATA SHEET AND TAX MAP. EXHIBIT EIGHT IS THE AERIAL OVERLAY AND SURROUNDS.
EXHIBIT NINE IS A SIGN POSTING AFFIDAVIT AND PHOTOS.
EXHIBIT TEN IS THE ADJOINING PROPERTY OWNER'S AFFIDAVIT AND EXHIBIT 11 IS THE APPLICANT NOTICE. OKAY. YOU GUYS CAN COME FORWARD WHOEVER'S GOING TO OR ALL THREE OF YOU GOING TO TESTIFY OR JUST YOU TWO GUYS OR.
YOU GUYS CAN COME UP AND SIT RIGHT UP BY THE MICROPHONES.
YEP. STAY STANDING FOR A MINUTE.
YEAH. STAY STANDING FOR A MINUTE. OKAY.
YOU WANT TO HAVE HIM READ THE STAFF OR STAFF THING FIRST? OH, YEAH. THE STAFF REVIEW INFORMATION. YOU CAN SWEAR.
YOU CAN SWEAR HIM IN. WHOEVER'S GOING TO TALK TONIGHT, CAN YOU RAISE YOUR RIGHT HAND? STATE YOUR NAME AND ADDRESS.
DO YOU HEREBY SOLEMNLY DECLARE AND AFFIRM, UNDER THE PENALTIES OF PERJURY, THAT THE STATEMENT YOU MAKE AND THE TESTIMONY YOU GIVE IS THE TRUTH,
[00:05:01]
THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.AND YOUR NAME AND ADDRESS? YEAH. NAME AND ADDRESS.
VASQUEZ. 26865 RESERVOIR DRIVE, MARYLAND.
AND YOUR NAME IS. 192 COUNCILMAN ROAD.
21 649. AND, JAY, ARE YOU GOING TO 119 VOICE MAIL ROAD.
I JUST MOVED INTO THAT PLACE ON MARYLAND.
ALL RIGHT, YOU GUYS CAN SIT UP. HAVE A SEAT. AND THEN, MATT, YOU CAN READ THE STAFF REPORT, PLEASE. OKAY. IT'S ALL GOOD.
ALL RIGHT. SO THE APPLICANT CASTILLO VASQUEZ HAS REQUESTED A VARIANCE ON BEHALF OF THE OWNER, HERNAN VASQUEZ, FOR ENCROACHMENT OF THE FRONT YARD SETBACK, IN ASSOCIATION WITH PROPOSED ADDITIONS TO EXISTING FAMILY DWELLING PROPERTIES LOCATED ON TAX MAP TWO, GRID NINE.
PARCEL 76, ALSO KNOWN AS 19 230 CROWN STONE ROAD IN MARYDEL, SO THE DEPARTMENT RECEIVED A BUILDING PERMIT APPLICATION FOR RENOVATION OF THIS DWELLING, WHICH INCLUDED AN ENCLOSURE OF EXISTING FOUNDATION AND THE REPLACEMENT OF A FRONT STOOP FOR A COVERED FRONT PORCH.
UPON THAT TIME, WE INFORMED THE THE OWNER THAT VARIANCE WOULD BE REQUIRED BECAUSE THE ADDITIONS ARE LOCATED WITHIN THE FRONT YARD SETBACK.
SO THEY SENT AN APPLICATION AND IT WAS KIND OF INCOMPLETE, DIDN'T INCLUDE EVERYTHING. THEY REVISED IT.
SO THAT'S WHY THERE'S A REVISED SITE PLAN AND A REVISED APPLICATION IN THE BOARD PACKAGE.
THIS EXISTING DWELLING EXISTED PRIOR TO ZONING.
DOESN'T MEET THE FRONT YARD SETBACK, SO IT'S AN EXISTING NON-CONFORMING STRUCTURE.
SO ANY MODIFICATION THAT WOULD INCREASE ITS NON-CONFORMITY WOULD REQUIRE A VARIANCE.
SO AGAIN, REPLACEMENT OF FRONT STOOP.
TYPICALLY AN UNENCLOSED FRONT, WHETHER IT'S A DECK OR PORCH OR AS LONG AS THERE'S NOT A ROOF OVER IT, YOU COULD ACTUALLY BE WITHIN THE REQUIRED FRONT YARD. BUT IN THIS CASE, BECAUSE THEY'RE REPLACING ONE THAT'S NOT COVERED WITH SOMETHING THAT'S COVERED, THAT'S PART OF THAT, THAT APPLICATION AS WELL. SO THAT'S WHAT I HAVE.
IF YOU HAVE QUESTIONS ABOUT THE APPLICATION OR THE SITE PLAN BUILDING PLANS, I'D BE HAPPY TO ANSWER. IF NOT, WE CAN WE CAN OPEN UP THE FLOOR TO THE APPLICANT. I GUESS AT THIS POINT, I'M GOING TO LET YOU GUYS STATE YOUR CASE.
WHOEVER WANTS TO GO AHEAD AND START.
YEAH. SO, YOU KNOW, YOU GO RIGHT BY THE MIC SO THAT WE CAN HEAR YOU.
THAT'S ALL. YES. SO ACTUALLY, SO I ACTUALLY HAVE A COUPLE OF PICTURES THAT I'D LIKE TO PRESENT TO YOU GUYS, IF THAT'S OKAY. WE HAVE THEM ALSO ON THE THING. IS THIS ALL A PART OF? THIS IS ACTUALLY THE INSIDE OF THE HOUSE. OH, OKAY.
OKAY. YEAH. SO I GUESS I'LL JUST EXPLAIN MYSELF.
SO WE HAVE IMAGE ONE AND TWO, WHICH ESSENTIALLY HAVE CONTAMINATED MOLDS.
AND THEN WE ALSO HAVE IMAGE THREE AND FOUR, WHICH IS A WATER SEEPAGE IN THE STRUCTURE CAUSED BY CEILING CRACKING IN A LIVING SPACE.
SO I GUESS MY POINT IS, IS WHAT WE'RE TRYING TO GET HERE IS THERE IS CLEARLY ISSUES IN THAT STRUCTURE, RIGHT? SO THAT'S WHY WE'RE TRYING TO RENOVATE THE STRUCTURE.
AND WE ARE PROPOSING TO EXTEND I MEAN, IF WE'RE GOING TO RENOVATE IT, THEN WE ALSO WANT TO USE THE EXISTING FOOTPRINT.
SO YOU KNOW, WE SEE THIS AS SOMETHING THAT HAS TO BE RESOLVED AS SOON AS POSSIBLE BECAUSE ONE, YOU KNOW, MY, MY MY UNCLE, ALSO OUR CLIENT IS YOU KNOW, HE HAS KIDS LIVING IN THE HOUSE, RIGHT? AND THEN TWO, THERE IS CLEARLY WATER SEEPING IN THE STRUCTURE, SO THAT'S A CONCERN. SO I DON'T KNOW IF I CAN SHARE THIS WITH YOU GUYS.
IT'S UP TO YOU. I MEAN, DO YOU WANT TO ACCEPT IT? I DON'T HAVE ANY OPPOSITION TO IT. I KNOW THAT IT'S RELEVANT, BUT, I MEAN, IT IS RELEVANT IN SOME RESPECT.
BUT I THINK THE VARIANCE. I'LL ACCEPT IT.
I'LL ACCEPT IT. OKAY. WE'LL ADD THAT IN AS APPLICANT.
EXHIBIT ONE. YOU CAN YOU CAN BRING IT TO ME, PLEASE.
DO YOU NEED THIS? I WILL NEED TO SCAN IT INTO THE RECORD.
BUT WE CAN DO THAT AFTERWARDS.
OKAY. YOU DON'T NEED IT BACK, DO YOU, J.
[00:10:02]
THANK YOU. YOU CAN GO ON WITH YOUR CASE.AND IF THERE'S EXHIBITS THAT YOU HAVE, YOU CAN ASK CATHERINE AND SHE'LL.
WE'LL PULL IT UP ON THE SCREEN, BECAUSE WHATEVER YOU SUBMITTED IS, IS IN HERE, AND WE CAN GET TO THE PAGE AND YOU CAN KIND OF READ OFF OF THAT OR TELL US WHAT YOU'RE AT, WHERE YOU'RE AT, AND WE'LL GO WITH YOU. OKAY. I DON'T THINK WE HAVE THE PLAN SET. SEE I HAVE THE CONSTRUCTION, THE BUILDING PLANS. YES, YES.
IF YOU COULD SEE THE, I GUESS THE FIRST PAGE OR A03 WOULD BE THE SHEET. I DON'T HAVE THE I, THE NUMBERS ARE TOO SMALL FOR ME TO SEE.
SO IT SHOULD BE PAGE THREE OF EXHIBIT FIVE.
CATHERINE. PAGE THREE OF MISS I'VE.
PAGE THREE. GOTCHA. IS THERE A POSSIBILITY THAT I CAN POINT OVER THERE? YEAH. YOU PLEASE TALK ABOUT IT? YEAH. NO, IT'S ACTUALLY THIS YEAR RIGHT HERE.
SO I DON'T KNOW IF YOU CAN SEE IT'S NOT SHOWING IT, BUT THERE IS A SO THE EXISTING BEARING WALL IS RIGHT HERE.
YEP. AND THAT'S WHERE THE WATER IS SEEPING IN.
WHICH IS WHY WE'RE PROPOSING TO I MEAN THERE'S ALREADY THIS FOOTPRINT.
SO THERE'S CLEARLY WATER RUNNING IN HERE.
AND THAT'S WHERE YOU'RE SEEING ALL THOSE CRACKS IN THE CEILING AND ALSO IN THE WALL.
AND RIGHT ON THIS OTHER BEARING WALL.
THERE'S ALSO WHERE YOU SAW THAT CRACK IN THE MOLD.
SO, YOU KNOW, IT'S CLEARLY AN ISSUE, WHICH IS WHY WE WANT TO USE THIS FOOTPRINT.
NOW, AS FOR THIS, HE HAS AN EXISTING STOOP, SO WE JUST WANT TO EXTEND IT.
AND WE ALSO UNDERSTAND THAT ACTUALLY JUST WANT TO COVER COVERING IT.
YEAH. RIGHT. SO THOSE ARE THE TWO MAIN POINTS THAT I WANT TO BRING UP.
BUT I THINK THE MOST IMPORTANT THING IS THE HEALTH ISSUE. SO THAT'S THE BIGGEST CONCERN.
AND WE JUST WANT IT TO MAXIMIZE, YOU KNOW, ALL THE SO CAN YOU EXPLAIN TO US THE RIGHT NOW THE WAY THAT THE HOUSE IS SITUATED.
IT SAYS SOMETHING ABOUT USING THE EXISTING FOUNDATION.
IS THERE A FOUNDATION THAT'S ALREADY THERE THAT YOU'RE GOING TO MAKE IF YOU GO UP TO THE NEXT PAGE? OKAY. YEAH.
SO THE EXISTING FOUNDATION IS ACTUALLY THE SECTION I, I DON'T, I DON'T KNOW IF WE HAVE, BUT WE HAVE A PICTURE OF IT ON HERE.
IT'S ACTUALLY OKAY. I THINK IT'S EXHIBIT FOUR.
IT'S THE NEXT PAGE DOWN IS THE BACK UP.
YEP. NO, IT'S IT'S AN OUTDOOR.
OH. RIGHT THERE. YEP. NO, I'VE GOT A BETTER ONE.
EXHIBIT PAGE FIVE OF FIVE FOR EXHIBIT TEN.
NOW, HERE'S ONE THAT SHOWS THE FRONT ELEVATION.
OH, OKAY. YEAH. YEAH, THAT'S THE ONE I SAW.
I THOUGHT THEY WERE LOOKING FOR THAT BARBECUE PIT.
WHAT'D YOU SAY? EXHIBIT TEN, PAGE FIVE OF FIVE.
YEP. HERE WE GO. GO. ONE MORE.
YEAH. CATHERINE, I THINK IT'S A LITTLE CLOSER ON THE NEXT ONE.
RIGHT. STACY, DO ONE FROM THE SIDE.
THAT'S. THAT'S IT RIGHT THERE.
THAT'S IT RIGHT THERE. SO THAT'S AGAIN, JUST TO REITERATE, THAT'S THE EXISTING FOUNDATION.
OKAY. OKAY. I JUST WANT TO REUSE THAT.
OKAY. SO I DON'T KNOW IF THERE WAS AGAIN A MISCOMMUNICATION OR SOMETHING, BUT THERE IS AN EXISTING FOUNDATION THAT WE JUST WANT TO REPURPOSE.
AGAIN, WATER IS SEEPING IN HERE.
AND AGAIN WATER SEEPING DOWN HERE WHERE IT'S, THERE'S MOLD AROUND THE CORNERS OF THIS RIGHT OF THE WINDOW.
SO. OKAY. AND THIS IS THE EXISTING STOOP THAT WE WANT TO ENCLOSE.
GOTCHA. OKAY. WELL THAT MAKES SENSE.
OKAY. SO IN YOUR ALEX, IN YOUR PLANS A07 WHICH IS IN OURS IS EXHIBIT FIVE PAGE SEVEN OF SEVEN.
AND THAT'S THE BASICALLY THE PHOTO OF THE HOUSE.
NOW THE RENDERING OF THE HOUSE NOW AS IT IS.
SO THAT IS THE EXISTING RESIDENTIAL.
OKAY. BECAUSE THAT'S WHAT I WAS TRYING TO FIGURE OUT THE OTHER NIGHT WHEN I WAS LOOKING AT EVERYTHING IS. YEAH, THAT'S THAT'S EXISTING.
IF YOU WANT TO SEE THIS, I CAN ALSO PROVIDE THIS TO YOU. OH, NO, WE WE HAVE THEM. I WAS JUST TRYING, SO I KNOW WHAT WAS WHAT.
SO A02 IS THE FRONT VIEW OF WHAT'S PROPOSED TO FOR THE FOR THE RENOVATION,
[00:15:06]
RIGHT. OKAY. SO THE ONE THAT HAS ALL THE COLORS AND YES, BROWN WITH STONE AT THE BOTTOM, THAT'S THE THAT'S THE PROPOSED FOR WHAT YOU WANT TO DO. THAT'S JUST THE RENDERING OF WHAT WE'RE PROPOSING.OKAY. GOTCHA. YEAH. I THINK THE BEST THE BEST PICTURE IS EXHIBIT FOR THE DOWN VIEW OF THE OH, THE THE PLAT. YEAH, YEAH.
BECAUSE YOU CAN SEE EVERYTHING. YEAH. AND I GUESS MY QUESTION IS WHEN YOU'RE LOOKING AT THE THE STOOP. IT LOOKS LIKE TO ME THAT THE PROPOSED DRAWING IS SHOWING IT IN THE MIDDLE OF THE CURRENT STEPS AND THEN GOING OVER, AND I THOUGHT THAT IT SAID IT WAS GOING TO BE ADDING SIX FEET OVER. IS THAT CORRECT OR IS THAT.
SO IT IS. OKAY. SO WE ARE EXTENDING I BELIEVE IT'S ABOUT ONCE A MONTH IF YOU LOOK REAL CLOSE. SEE THAT DOTTED LINE THROUGH THE FRONT STEP. YEAH.
YEAH. SO I MEAN WE ARE EXTENDING IT.
BUT AGAIN WE'RE JUST TRYING TO ENCLOSE IT.
RIGHT. YEAH. THAT WAS EXISTING.
OKAY OKAY. PULL UP FOR IS IT EXHIBIT FOUR.
SO IT'S NOT REALLY ADDING SIX FEET.
YOU'RE REALLY YOU'RE TAKING ADVANTAGE OF A FOOTING THAT'S ALREADY THERE.
WHAT HAPPENED IS THEY ACTUALLY DEMOED THAT PORCH BEFORE.
AND I THINK IT HAS A LEAK ON IT.
OKAY. THAT'S WHY THEY DEMOED THAT, RIGHT? I MEAN, THEY DON'T APPLY FOR REPLACEMENT.
IT'S JUST THEY LEAVE THEY LEFT IT, I GOTCHA, I GOTCHA. SO ESSENTIALLY YOU'RE GOING TO TRY AND TAKE ADVANTAGE OF WHAT'S THERE.
BUT THE MAIN DIFFERENCE IS NOW, LIKE YOU SAID IN CLOSING, IT IS THE PART THAT BECOMES AN ISSUE WHICH, YOU KNOW, IS IT AN ISSUE? IS IT NOT? I DON'T KNOW. I MEAN, THIS IS NON-CONFORMING AND THAT'S THE BIGGEST THING. YOU KNOW, I AGREE WITH YOU ON THAT.
YEAH. THE FACT THAT IT'S, YOU KNOW, A 50S HOUSE, IT'S NOT A LOT TO ASK FOR.
DO YOU GUYS WANT TO RUN THROUGH YOUR APPLICATION AND THE ANSWERS THAT YOU WROTE ON THE APPLICATION? YEAH.
I MEAN, IF YOU WANT TO JUST READ THROUGH THAT, YOU CAN READ THROUGH IT. IF YOU IT'D BE EASIER.
BASICALLY, IT WOULD BE PAGE TWO AND THREE OF EXHIBIT THREE IF YOU WANT TO YOU DON'T HAVE TO READ ALL OF IT, BUT JUST, YOU KNOW, EXPLAIN LIKE, YOU KNOW, IT SAYS YOU KNOW, HOW THESE THINGS, YOU KNOW, IF YOU WANT TO JUST READ THROUGH IT AND IF YOU WANT TO BASICALLY ADD ANYTHING, WE'LL PULL IT UP FOR YOU.
YEAH, YEAH. RIGHT THERE, RIGHT THERE.
WE'RE JUST TRYING TO REMODEL AN EXISTING.
YEP. NINE BY 21.5 OR 21FT, SIX INCHES FOUNDATION THAT'S ALREADY THERE.
SO. IT'S UNNECESSARY AND UNDUE HARDSHIP.
SO DUE TO VARIANCE, WE CAN'T WE CANNOT ELIMINATE THE WATER SEEPAGE ISSUES.
OUR CLIENT INTENDS TO RESOLVE WITH THEIR DESIRE TO PERFORM A FACELIFT TO THEIR EXISTING RESIDENCE. AND EXPLAIN HOW THE ABOVE LISTED HARDSHIP IS THE RESULT OF SPECIAL CONDITIONS AND AND CIRCUMSTANCES NOT GENERALLY SHARED BY OTHERS, BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT OR IN THE SAME NEIGHBORHOOD, AND IS PECULIAR TO THE PROPERTY STRUCTURE OR BUILDING FOR WHICH THE VARIANCE IS REQUESTED.
SO I SAID THE IDEAL SOLUTION WOULD BE TO REPURPOSE AN EXISTING FOUNDATION FOOTPRINT THAT PREVIOUSLY SUPPORTED A STRUCTURE THAT NO LONGER EXISTS AND REMODEL THE FRONT STOOP.
HOWEVER, THEY DO NOT MEET THE FRONT SETBACK REQUIREMENTS.
GOTCHA. AND THEN EXPLAIN HOW THE ABOVE LISTED SPECIAL CONDITIONS OR CIRCUMSTANCE DO NOT RESULT FROM THE ACTION OF THE APPLICANT OR THE APPLICANT'S PREDECESSORS IN INTEREST.
THE EXISTING FOUNDATION FOOTPRINT AND PROPOSED STOOP REMODEL DOES NOT MEET THE SETBACK REQUIREMENT. AND THEN THE NEXT PAGE IS D.
AND THE REASON WHY WE'RE HAVING YOU DO THIS IS SO THAT FOR THE RECORD, IT THIS IS ALL ON. SO IT'S, SO IT'S BEING TOLD TO EVERYBODY ELSE WHO MIGHT WANT TO WATCH. IT'S BASICALLY LAYING IT OUT FOR EVERYBODY ELSE.
SO THEN EXPLAIN HOW THE GRANTED HOW GRANTING THE VARIANCE.
I'M SORRY. EXPLAIN HOW THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH GENERAL PURPOSE AND INTENT OF THE ZONING CHAPTER, AND WILL NOT BE INJURIOUS TO ADJACENT PROPERTY. THE CHARACTER OF THE NEIGHBORHOOD OR THE PUBLIC WELFARE.
WE WILL BE ABLE TO ELIMINATE WATER SEEPAGE IN THE ROOF, AS WELL AS FUTURE HEALTH CONCERNS CAUSED BY THE EXPANSION OF MOLDS IF WE DO NOT CONTAIN IT. E EXPLAIN HOW THE CONDITION, SITUATION, OR INTENDED USE OF THE PROPERTY CONCERNED IS NOT OF SO GENERAL OR REOCCURRING IN NATURE AS TO MAKE PRIVATE PRACTICAL,
[00:20:02]
PRACTICABLE, PRACTICAL.ADDITION TO THE ZONING CHAPTER, DUE TO THE FACT THAT THE EXISTING HOUSE WAS BUILT IN THE EARLY 1950S, IT DOES NOT MEET THE CURRENT FRONT SETBACK REQUIREMENTS PREVENTING US FROM USING THE EXISTING FOUNDATION FOR DWELLING SPACE AND REPLACE THE STOOP WITH A NEW PORCH.
SO F EXPLAIN HOW THIS VARIANCE WILL BE THE MINIMUM NECESSARY TO AFFORD RELIEF.
I SAID THE EXISTING SPACE FOR A FAMILY OF FOUR IS VERY LIMITED.
FOR THIS REASON, THE CLIENT WISHES TO UTILIZE THE EXISTING FOUNDATION SPACE OF TWO BY SIX BY NINE FOR MORE LIVING SPACE.
THIS IS NOT AN ADDITION, BUT RATHER A REUSE OF THE EXISTING SPACE.
ADDITIONALLY, WE WISH TO REPLACE THE EXISTING STOOP TO MEASURE SIX ONE BY FIVE EIGHT WITH A NEW PORCH MEASURING SIX ONE BY 11 EIGHT ONLY ADDING SIX SIX FEET.
AND AGAIN, MY DAD WAS EXPLAINING IT AS EXISTING.
SO JUST TO BE CLEAR ON THAT, IT IS.
SO YOU'RE NOT REALLY ADDING SIX FEET.
IT IS REALLY THE FOUNDATION IS ALREADY THERE BY THAT.
SO THE FOUNDATION THAT'S THERE IS.
RIGHT. SO AGAIN, WHAT MY DAD WAS SAYING IS THERE IS A SECTION THAT THEY SO THEY DEMOED IT AND NOW THEY'RE TRYING THEY TRY TO REPURPOSE. BUT WE WANT TO BRING IT BACK TO ITS ORIGINAL I GOTCHA OKAY.
SO THERE'S A STOOP AND THEN THERE'S WHAT WAS THERE IS WHAT YOU'RE SAYING. GOTCHA.
NOW IT MAKES SENSE. THANK YOU.
JAY. AND THEN THE LAST THING IT'S NOT IN THE.
YEAH IT'S NOT IN THE CRITICAL AREA.
AND IT'S. YEAH IT IS NONCONFORMING.
NO I THINK THE QUESTIONS WERE, YOU KNOW, JUST CLARIFYING IF THAT'S ALREADY THERE EVEN THOUGH IT'S NOT HABITABLE, USABLE AS THE WAY IT IS, THEY'RE BASICALLY TAKING WHAT WAS THERE.
AND SO THE, THE THE STRUCTURE WAS THERE.
SO WE'RE NOT THEY'RE NOT ASKING TO PUT SOMETHING THERE THAT WAS NEVER THERE.
OKAY. OKAY. AND A LOT OF, A LOT OF THE OVER HALF THE HOUSES IN THAT 40 FOOT. YEAH. SO THERE'S NOT A LOT YOU CAN DO ABOUT THAT.
YOU GOT SOME QUESTIONS, MIKE? HE'S THINKING JUST ONE THING THAT KEEPS POPPING IN MY HEAD. IF THIS WAS NOT GRANTED, YOU SAID THAT YOU.
WE CANNOT ELIMINATE THE WATER SEEPAGE ISSUES.
BUT HONESTLY, YOU CAN BY JUST STILL REMODELING JUST UNDER THE CURRENT FOOTPRINT THAT YOU HAVE. RIGHT. THAT THAT WAS THE ONLY THING I JUST WANTED TO MAKE SURE IT WAS CLARIFIED THAT, I MEAN, NOT NOT THE I'M NOT BEING NEGATIVE.
I'M JUST TRYING TO CLARIFY, THAT'S ALL.
YEAH. FOR SURE. YOU CAN FIX THE PROBLEM WITHOUT ADDING OR WHATEVER.
NO QUESTION. BUT I'M THINKING THAT BECAUSE IT'S NON-CONFORMING AND BECAUSE IT WAS ALREADY THERE, IT'S IT'S A MOOT POINT IN MY OPINION, BUT THAT'S JUST ME. BUT I MEAN, DO YOU GUYS HAVE ANYTHING FURTHER YOU'D LIKE TO TESTIFY ABOUT OR ADD ALEX OR CASTILLO? IS THERE ANYTHING MORE YOU WANT TO SAY ABOUT THE CONDITIONS OR, YOU KNOW, BEFORE WE DELIBERATE? NO. OKAY. BECAUSE, I MEAN, HE ALREADY EXPLAINED WHAT WE'RE GOING TO DO IT. OKAY. THE ONLY THING THAT I WOULD ADD ON.
NO, NO, NO IS THE REASON WHY LIKE, YEAH, I WOULD AGREE WITH YOU.
THE ONLY THING IS YOU KNOW, IF WE'RE GOING TO MAKE THAT ADJUSTMENT, YOU KNOW, WHY NOT INVEST IT INTO YOU KNOW, MAKING IT LOOK BETTER, YOU KNOW? RIGHT. AND REUSING WHAT'S ALREADY THERE AND THEN, YOU KNOW, TRYING TO MINIMIZE WHAT WE'RE DOING. AND IT'S GOING TO BE ESSENTIALLY THE SAME COST BECAUSE WE HAVE NO IDEA WHAT WE'RE MESSING WITH.
AND WE'VE DONE A COUPLE OF PUNCTURES AND WE'VE SEEN THAT THERE'S PLENTY OF MOLD TO BE FIXED. SO. YEAH. YOU KNOW, SO WHY WHY INVEST IN HAVING TO DO IT AGAIN AND AGAIN AND AGAIN? WE CAN JUST FIGURE OUT THE WHOLE SOLUTION. I THINK THAT'S WHAT I WAS EXPLAINING TO HIM BECAUSE WE JUST WANT TO COVER AND HE HAS AN ISSUE BECAUSE I THINK HE DIDN'T CHANGED MANY TIMES.
IT'S GONNABE THE SAME PROBLEM BECAUSE THE PROBLEM IS A FLAT.
RIGHT? AND I SAID, WHY ARE YOU GOING TO SPEND THAT MUCH MONEY IF YOU'RE NOT GOING TO DO IT RIGHT? RIGHT. AND I MEAN, IT'S THAT'S WHY WE EAT TODAY, RIGHT? TO DO IT RIGHT AND ADDING A LITTLE BIT OF SQUARE FOOTAGE IS HELPFUL BECAUSE IT'S A VERY SMALL HOME AS WELL, BECAUSE IF YOU SEE THE ROOMS, THE ORIGINAL ROOMS, THEY ARE SMALL.
THREE KIDS IN A LITTLE ROOM FOR KIDS IN THIS LITTLE ROOM.
WE KNOW. YEAH, RIGHT. MAKE THAT ROOM BIGGER.
MAKE SPACE FOR THE LIVING ROOM.
YEAH. AND ALSO TO INCORPORATE THE KITCHEN IN THERE.
WE ACTUALLY HAD A CONVERSATION RECENTLY JUST LAST WEEK.
HE WAS HE SAID BECAUSE I WAS TAKING PICTURES.
I'M LIKE, HEY, WE SHOULD BRING EVIDENCE, YOU KNOW, SO THAT WAY WE CAN, YOU KNOW, WE CAN BE CLEAR WITH WHAT WE'RE TRYING TO SAY. AND HE'S LIKE, OH, YOU SHOULD HAVE TOLD ME I HAD A WHOLE BUNCH
[00:25:03]
OF MOLD IN MY BATHROOM.SO AGAIN, IT'S BEEN A REPETITIVE THING.
YEAH, IT'S. AND MOLD IS SCARY.
YOU DON'T WANT TO HAVE YOUR CHILDREN AND YOUR FAMILY LIVING IN THAT DECEMBER.
YEAH. DECEMBER. BECAUSE MY WIFE, SHE SAID, I DON'T WANT TO SEE THIS.
YES. ALL THE CEILING OF MY BATHROOM WAS SMALL.
YEAH, I PAINTED IT LIKE, FOUR TIMES.
OKAY. THANK YOU GUYS. ARE YOU GOING TO OR.
ARE YOU GOING TO USE THE CURRENT SLAB THAT'S THERE, OR ARE YOU GOING TO DIG THAT OUT TO DO FOOTERS AND AND FOUNDATION.
YEAH WE'RE GOING TO USE WHAT'S EXISTING OKAY. SO IT'S UNLESS THERE HAS TO BE THERE.
BUT FROM OUR YOU KNOW FROM OUR PERSPECTIVE, FROM WHAT YOU'VE LOOKED AT SO FAR, YOU THINK YOU CAN USE WHAT'S THERE, RIGHT.
BECAUSE YOU DON'T SEE OURSELVES EXPANDING ANYTHING ELSE. IS THAT IS THE HOUSE ON A SLAB NOW OR IS IT GOT A SMALL, GOT A SMALL CRAWL SPACE? OKAY. ARE YOU GOING TO MAKE THAT CRAWL SPACE BETTER FOR HIM, CASTILLO? WELL, WE DON'T KNOW UNTIL WE GET THERE.
OKAY, WHAT ARE WE GOING TO DO? IS WE'RE GOING TO LOOK LIKE WE SAID.
WE'RE GOING TO SEE IF IT'LL BE REUSABLE OR WHICH IS GOING TO REPLACE IT.
IN MY OPINION, I THINK IS REPLACE IT.
WE'RE NOT GOING TO MOVE ANYTHING. WE'RE JUST GOING TO REPLACE EXISTING.
YEAH YEAH, YEAH. BUT IN THE EXACT FOOTPRINT, WHICH IS FINE.
YEAH. OKAY. I THINK THAT MAKES SENSE.
I MEAN, YOU'RE NOT GOING TO WANT TO USE SOMETHING THAT'S NOT GOOD. I KNOW, NO, I KNOW, I KNOW. GOOD.
ALL RIGHT. SO I GUESS AT THIS TIME WE'LL MOVE INTO DELIBERATION NOW.
NOW, HAVING HEARD EVERYONE'S TESTIMONY AND AND SUMMARY STATEMENTS, THIS PORTION OF THE MEETING IS NOW CLOSED FOR DELIBERATION.
AT THIS TIME, THE AUDIENCE MAY NOT SPEAK OR MAKE COMMENTS UNLESS THE BOARD ASKS FOR CLARIFICATION OF A QUESTION.
THE PUBLIC MAY STAY DURING THE DELIBERATION, AND THEY MAY CHOOSE TO LEAVE AND CALL THE PLANNING AND ZONING THE PLANNING AND CODES OFFICE IN THE MORNING AND ASK FOR A DECISION OF THE BOARD. ALL RIGHT.
IF I REMEMBER RIGHT, MATT, GOING THROUGH EVERYTHING.
ORIGINALLY THERE WAS SOME WATER SEWER VERIFICATION ISSUES, BUT THAT WAS ALL CLEARED UP AND TAKEN CARE OF.
YES, THE HEALTH DEPARTMENT HAS APPROVED IT.
THE BUILDING PLANS HAVE BEEN APPROVED BY FIRST STATE.
OKAY, SO AT THIS POINT, IT'S A MATTER OF GETTING THROUGH THIS PROCESS. OKAY. AND THEN FINALIZING ON OUR END, ISSUE THE PERMIT. ALL RIGHT.
SO WE'LL GO THROUGH THESE CONDITIONS FOR APPROVAL.
ONE SUCH A DIFFICULTY IS THE RESULT IN SPECIAL CONDITIONS AND CIRCUMSTANCES NOT GENERALLY SHARED WITH OTHER PROPERTIES IN THE SAME ZONING DISTRICT OR IN THE SAME NEIGHBORHOOD, AND IS PECULIAR TO THE PROPERTY STRUCTURE OR BUILDING FOR WHICH THE VARIANCE IS REQUESTED. YOU GOT A NOTE? I WAS WAITING FOR YOU TO SAY YOUR NOTE.
MY NOTE? I'M JUST BECAUSE THE HOUSE WAS BUILT, I'VE WROTE DOWN. IT WAS BUILT IN 1954 YEAH.
AND THAT'S BEFORE THE CODES? YEAH. BEFORE ZONING WAS IMPLEMENTED.
AND IN THAT STRIP OF WHERE THOSE HOUSES ARE, I BELIEVE THERE'S ONLY 6 OR 8 HOUSES THERE IN THAT AREA. THERE'S NOT A LOT OF HOUSES.
MOST OF THEM ARE OLDER HOUSES IN THAT, IN THAT SECTION, I THINK. BUT THERE'S ONE KIND OF IN THE BACK A LITTLE BIT THAT WAS A LITTLE NEWER OR UPDATED YEARS AGO. RIGHT.
YEAH. WE JUST READ ABOUT IT LAST YEAR.
OKAY. SO REALLY, I MEAN, THERE'S NOT A LOT OF PEOPLE THAT ARE GOING TO HAVE THE SAME ISSUES. I MEAN, IF IF THERE WASN'T ALREADY AN EXISTING PATIO AND A FOOTPRINT FOR FRONT STOOP, WE MIGHT NOT EVEN BE CONSIDERING THIS AT THIS POINT. RIGHT. YEAH. RIGHT.
I AGREE THAT MIGHT BE A DIFFERENT STORY. ABSOLUTELY. BUT THE NON-CONFORMING ISSUE GIVES US MORE ABILITY BECAUSE IT'S NON-CONFORMING.
IT MAKES IT ALMOST. YOU KIND OF GO, WELL, THEY'RE KIND OF STUCK.
THEY CAN'T DO MUCH BECAUSE OF THE FACT THAT THEY WERE BUILT PRIOR TO ZONING AND STUFF.
SO THAT'S THEIR THEIR MAIN SOURCE OF REPRIEVE HERE.
GREAT. ALRIGHT. SO TO SUCH A DIFFICULTY IS NOT THE RESULT OR OF OR DOES NOT ARISE FROM THE CONDUCT OF THE APPLICANT OR THE APPLICANT'S PREDECESSORS.
IT'S NOT BECAUSE OF THE ZONING LAWS WEREN'T IN EFFECT RIGHT WHEN ANY OF THIS HAPPENED.
RIGHT. AND IT WAS WELL BEFORE ALEX HAD THE PROPERTY.
SO. RIGHT. THAT HAS NOTHING TO DO WITH HIM.
YEAH. ALL RIGHT. SO THREE, THE FINANCIAL HARDSHIP TO THE APPLICANT AS A RESULT OF THEY DIDN'T HAVE A FINANCIAL HARDSHIP.
YEAH. THEY DIDN'T HAVE ONE. CORRECT. AND SO WE DON'T HAVE TO REALLY WORRY ABOUT THAT.
[00:30:03]
SO GO RIGHT STRAIGHT DOWN TO D NUMBER ONE A WRITTEN APPLICANT A WRITTEN APPLICATION HAS BEEN SUBMITTED AND IT'S EXHIBIT ONE ON THE EIGHTH AND THE 15TH OF JANUARY.THAT WAS DONE. YEP. THAT WAS TO THE DULY ADVERTISED IN THE TIMES RECORD.
NO. I'M SORRY. THAT'S EXHIBIT ONE, RIGHT.
EXHIBIT ONE. YEAH. THE NOTICE OF PUBLIC NOTICE OF PUBLIC RECORD.
YEAH. ALRIGHT. APPLICATION WAS EXHIBIT THREE.
SO THREE A THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THIS CHAPTER AND WILL BE INJURIOUS TO ADJACENT PROPERTY AND THE CHARACTER OF THE NEIGHBORHOOD OR THE PUBLIC HEALTH, SAFETY OR WELFARE.
SO THIS ONE'S ALWAYS A TOUGH ONE.
I MEAN, WELL, I THINK THE BOTTOM LINE IS THE CHARACTER IS, YOU KNOW, THIS IS ALL ABOUT ENHANCING, BUT IT'S ALSO ABOUT LET'S JUST BE REAL.
IT'S IT'S ABOUT TRYING TO MAXIMIZE WHAT YOU HAVE AND ALSO CONTAIN SOME MOLD ISSUES AND REMEDIATE THAT AND TRYING TO, YOU KNOW, MAKE IT THE QUALITY OF LIVING THAT SOMEONE SHOULD HAVE IN A HOME.
AND I THINK WHEN YOU'RE DEALING WITH A HOME THAT'S OLDER AND YOU'RE YOU'VE GOT THESE ISSUES THAT ARE HOLDING YOU BACK, I THINK IT'S A REALLY A GOOD THING TO IMPROVE UPON THAT. AND THEY'RE NOT ASKING TO REMODEL AND ADD, YOU KNOW, AN EXTRA THOUSAND SQUARE FEET OR COME OUT TO THE ROAD FURTHER.
THEY'RE TAKING ADVANTAGE OF WHAT'S THERE.
YOU GOT ANYTHING ELSE YOU WANT TO ADD TO IT? NO, I DON'T HAVE ANYTHING. ALL RIGHT. SO BE SUCH A DIFFICULTY. IS NOT THE RESULT OR DOES NOT ARISE FROM THE CONDUCT OF THE APPLICANT OR HIS PREDECESSOR. AND IT'S KIND OF LIKE REPEATING.
WE'VE ALREADY WE'VE ALREADY ADDRESSED THAT. YEAH. ALL RIGHT.
SEE, THE CONDITION, SITUATION OR INTENDED USE OF THE PROPERTY CONCERNED IS NOT OF SO GENERAL OR RECURRING A NATURE THAT NATURE AS TO MAKE PRACTICAL A GENERAL AMENDMENT TO THIS CHAPTER. I THINK WE KIND OF ALREADY HIT ON THAT.
THERE'S ONLY A HANDFUL OF HOUSES, HOUSES IN THE AREA, AND YOU'RE NOT GOING TO CHANGE ZONING LAWS FOR A HANDFUL OF, YOU KNOW, NOT LIKE EVERYBODY'S LINING UP TO DO THESE THINGS RIGHT NOW. AND RIGHT, IF THEY HAD THE SAME ISSUE, I THINK IT WOULD BE GRANTED ANYWAY.
AND THEN D THE VARIANCE GRANTED IS THE MINIMUM NECESSARY TO AFFORD RELIEF.
AND I'M GOING BACK TO JUST USE EXHIBIT FOUR.
WE'RE USING THE EXISTING WHAT WAS ALREADY THERE.
IT'S ALREADY THERE. EXISTING FOOTPRINTS ARE ALREADY ALREADY THERE HAVE ALREADY BEEN UTILIZED. THEY'RE GOING TO BE USED IN A DIFFERENT WAY.
THEY'RE STILL NOT GOING TO ENLARGE THE FOOTPRINT OF WHAT'S ALREADY THERE.
AND THEN E THIS IS NOT IN THE CRITICAL AREA.
YEAH. SO WE'RE NOT GONNA WORRY ABOUT IS THERE ANY.
WE NEVER TALKED ABOUT ANY DIFFERENT CONDITIONS OR REQUIREMENTS OR ANYTHING. I DON'T I THINK BASICALLY THE REQUIREMENTS WITHIN THE STAFF REPORT. YEAH I THINK WE'LL GO WITH THAT. WHO WANTS TO MAKE A MOTION? KAREN. GO AHEAD. OH, YEAH.
RIGHT. SURE. LET ME FIND WHERE'S MY PAGE? I NEED MY PAGE. HOLD ON A MINUTE.
THE STAFF REPORT. THERE IT IS.
ALRIGHTY. SO I'LL MAKE A MOTION THAT THE VARIANCE APPLICATION 24 0044 BE APPROVED. AND BASICALLY WITH THE STIPULATION THAT AS PER THE THE STAFF REVIEW, THAT ANY ZONING CERTIFICATE OR BUILDING PERMIT WILL BE REQUIRED PRIOR TO ANY PROPOSED DEVELOPMENT AND MUST BE ACCOMPANIED BY ALL THE NECESSARY DOCUMENTATION AND SITE PLAN REQUIREMENTS. THE BOARD'S DECISION SHALL BE VOID ONE YEAR FROM THE DATE OF APPROVAL, UNLESS A PLAT IS RECORDED OR ZONING CERTIFICATE AND OR BUILDING PERMIT IS ISSUED, AND CONSTRUCTION HAS BEGUN IN ACCORDANCE WITH THE TERMS OF THE DECISION.
YAY! THANK YOU. YOU'RE WELCOME.
THAT WAS EASY. DO WE HAVE ANY OTHER BUSINESS WE NEED TO COVER? YOU GOT A DECISION FROM THE CRITICAL AREA VARIANTS.
THAT'S ATTACHED TO YOUR PACKET.
OKAY. SO YOU WOULD HAVE TO APPROVE.
APPROVE THOSE? I ALREADY READ THROUGH IT.
[Review and Adoption of Variance Decision 24-0020]
I'LL MAKE A MOTION TO APPROVE IT.I'LL SECOND THE. ALL IN FAVOR? AYE. AYE. SORRY. SHOULD WE NOT IN THE MOTION, THOUGH? SAY THE EWING DECISION? YES. THE EWING DECISION.
OKAY. OKAY. OKAY. TO MAKE A MOTION TO END THE MEETING.
I'LL MAKE A MOTION TO ADJOURN AT 634 ON JANUARY 21ST, 2025. I SECOND. ALL IN FAVOR? AYE, AYE. THIS MEETING IS ADJOURNED.
[00:35:03]
YAY!* This transcript was compiled from uncorrected Closed Captioning.