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From YouTube: Board of Adjustment
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D
D
C
Okay,
the
meeting
will
now
come
to
order.
Welcome
to
the
march
22
2021
city
of
ashwell
board
of
adjustments
meeting.
My
name
is
pratik
bhakta
and
I
am
the
chair
of
the
board.
The
board
of
adjustment
is
a
quasi-judicial
body
that
is
governed
by
the
north
carolina
general
statutes
and
the
city's
unified
development
ordinance.
C
We
are
authorized
to
hear
requests
for
variances
from
the
city's
unified
development.
Ordinance
appeals
from
final
determinations
made
by
city
officials,
charged
with
enforcement
of
the
city's
unified
development,
ordinance
requests
for
reasonable
accommodations
and
other
requests,
as
may
be
provided
in
the
city's
ordinances.
C
All
committees,
all
committee
members
and
staff
are
participating
virtually.
We
appreciate
your
patience
as
we
work
through
committee
meetings.
A
bit
differently.
We
are
streaming
live
on
our
virtual
engagement
hub,
which
is
accessible
through
the
virtual
engagement
hub
link
on
the
front
page
of
the
city
website,
and
also
linked
on
the
board
of
adjustment
page.
C
We
also
have
an
option
for
the
public
to
listen,
live
by
phone
dial,
eight,
five,
five,
nine
two:
five:
two:
eight
zero
one
and
when
prompted
enter
code,
nine,
two
five,
five
again
I'll
restate
that
for
anyone
listening
in
the
public
may
participate
by
dialing,
eight
five,
five,
nine
two
five,
two
eight
zero
one
and
when
prompted
enter
the
code,
nine
two
five
five,
the
automated
system
will
ask
you
to
press
star
three
to
be
heard
again
star
three
for
those
of
you
out
there
with
us
today
welcome.
C
I
will
now
go
through
and
introduce
all
the
committee
members
who
are
participating
virtually
please
make
sure
to
on
mutual
microphone
if
you're,
not
speaking
when
you
have
a
question
or
would
like
to
unmute
your
microphone
microphone,
please
remember
to
move
your
phone
after
you
are
done.
Speaking
committee
members,
as
I
call
your
name,
please
say
a
quick
hello,
rob
carroll,
hello,
suzanne,
godsey,.
C
Okay,
also
with
us
today
is
our
assistant
city
attorney
eric
edgerton,
I'm
sorry
if
I
mispronounced
that
name
again.
C
Just
just
so,
you
know
rob
carroll:
is
our
alternative
alternate
board
member
and
plays
a
regular
member
carter
webb,
and
I'd
also
ask
that
anyone
speaking
today
includes
staff,
including
staff,
to
state
their
names
and
titles
before
speaking,
and
that
includes
anybody
dialing
in
today
for
our
agenda
items
to
help
our
audience
follow
along
I'll,
say
each
section
of
the
agenda
allowed
and
to
do
a
vocal
roll
call
for
each
vote.
C
Additionally,
I
ask
that
committee
members
raise
their
hands
to
speak
and
I
will
call
upon
them
and
if
we
need
to
unmute
and
interrupt
feel
free
to
do
that.
If
you
have
a
question,
so
let's
get
started
with
the
first
agenda
item,
and
that
is
adoption
of
the
minutes
for
the
january
2021
meeting.
C
J
C
C
These
rules
are
different
from
other
types
of
land
use
decisions
like
rezoning
cases
which
are
legislative
in
nature.
This
board's
decisions
are
constrained
by
the
standards
in
the
city's
ordinance
and
the
facts
presented
at
the
hearing.
The
board
hears
and
considers
evidence
presented
at
the
hearing
and
applies
the
standard
set
forth
in
state
law
and
the
city's
ordinance.
The
board
must
base
its
decision
upon
competent
material
and
substantial
evidence
presented
at
the
hearing.
C
If
you
will
be
speaking
as
a
witness,
please
focus
on
the
facts
and
standards,
not
personal
preference
or
opinions.
Participation
is
limited.
The
meeting
is
open
to
the
public.
Everyone
is
welcome.
To
watch
parties
have
rights
to
participate
fully.
Parties
may
present
evidence
call
witnesses
and
make
legal
arguments.
C
Witnesses
may
testify,
as
the
facts
to
which
they
are
competent,
to
testify
so
long
as
those
facts
relate
to
the
legal
standards.
In
addition,
lay
or
non-expert
witnesses.
Testimony
is
limited
to
facts,
not
opinions
for
certain
topics.
This
board
needs
to
hear
opinion
testimony
from
expert
witnesses.
C
These
top
topics
include
projections
about
impacts
on
proper
property
values
and
projections
from
impacts
on
traffic
safety,
for
variance
requests.
Four
fifths
of
the
board
vote
is
required
to
grant
the
variance
for
all
other
hearing
and
matters,
including
the
adoption
of
minutes.
The
decision
will
be
made
by
simple
majority.
Vote
of
the
board.
C
Okay,
do
you
solemnly
swear
or
affirm
that
the
evidence
you
shall
give
to
the
board
in
this
action
shall
be
the
truth,
the
whole
truth
and
nothing
but
the
truth.
A
D
C
K
C
Just
for
notes,
any
members
who
join
the
call
later
that
were
not
sworn
in
will
have
to
state
their
name
and
be
sworn
in
individually
after
the
fact.
So,
with
the
first
agenda
item,
it's
for
variants,
the
petitioner,
steve
farrell
agent
for
owner
joseph
and
shelly
hummel
is
requesting
a
variance
of
to
the
development
standard
found
in
section
7-12-4,
f-1
grading
extent
of
the
u-d-o.
C
Two
9649-881527,
mr
hurley.
The
floor
is
yours.
D
Thank
you
chair.
I
am
ricky
hurley
with
the
zoning
section
of
the
development
services
department.
Eric
do
we
need
to
clarify
that
this
is
actually
a
new
variance
correct.
I
know
there
was
one
previously
granted
in
2016
correct.
F
That's
right
and
just
to
be
very
specific.
Our
our
board
rules
have
provisions
for
when
a
re-hearing
will
be
heard,
but
those
rules
apply
to
instances
where
a
variance
was
denied.
So
there's
a
bit
of
a
unique
situation,
so
those
rules
don't
apply
since
there
was
not
a
denial
of
a
variance
in
the
past
so
for
all
intents
and
purposes,
you're.
Looking
at
this
as
a
as
a
straight
up
variance
request
and
the
same
standards
that
normally
apply
to
a
variance
request,
apply
to
the
present
request
before
the
board.
F
D
Thank
you,
mr
edgerton.
So
it's
a
little
bit
of
a
background.
We'll
start
there
just
to
help
is
that
this
subject
property.
It
was
affected
by
two
different
landslides
in
the
past,
one
being
in
2013
and
another
in
2015,
the
prior
property
owner.
The
previous
one
had
to
do
remediation
or
cleanup
work
related
to
the
landslides,
secure
permits
both
times
for
that
and
as
part
of
that
work,
that
area
of
disturbance
quote
unquote.
D
At
that
time,
the
board
received
evidence,
I'm
not
going
to
rehash
the
evidence,
but
they
heard
evidence
and
granted
a
variance
to
approve
that
for
an
additional
7
350
square
feet,
additional
that
was
above
what
would
normally
be
allowed
for
this
parcel
within
zone
b,
and
that
area
was
designated
as
the
uphill
portion
of
the
property
closest
to
sunset
drive
and
so
just
kind
of
like
to
capture
that
what
we
have
today,
you'll
see
on
your
slide
on
the
screen.
B
D
Than
the
prior
variant,
so
it's
basically
210.
So
hopefully
that's
not
kind
of
convoluted,
but
the
difference
is
square
feet.
More
jason.
Go
next
slide,
please.
D
So
here's
a
general
zoning
map,
as
you
see
most
of
the
area,
is
zoned
rs2,
a
residential
single
family
by
way
of
orientation.
Most
people
probably
know
that
macon
avenue
is
also
close
to
the
grove
park,
inn.
That
is
the
area
zoned
across
the
street
as
resort,
and
I
think
that's
the
long
shots
condo
is
to
the
immediate
south
of
the
property
next
slide.
Please,
and
this
map
has
the
contours
on
it.
Kind
of
center
left
of
the
screen
you'll
see
kind
of
more
of
a
light
brown
oval
shape.
D
D
The
blue
line
obviously
does
delineates
the
parcel
tax
map
parcel
boundary.
So
that's
an
approximate.
Almost
the
entire
parcel
is
subject
to
zone
b.
2350
elevation
contour
is
zombie
and
above
there
is
a
a
slight
area
in
zone
a
in
the
southwest
corner
next
to
macon
avenue.
Okay,
next
slide,
please
jason.
D
So
the
photos
that
I
have
here
for
y'all
were
taken
at
a
site
visit
that
I
first
went
out
on
in
mid-october.
I
have
that
in
the
staff
report,
and
so
this
is
the
downhill
side
looking
up
from
macon
avenue.
D
D
Another
photo
of
that
as
it
kind
of
comes
down.
My
understanding
from
the
applicant
is
this
area.
As
you
see
the
cleanup
clean
out
pipe
sticking
up
from
the
ground.
This
is
the
utility
trench
that
is
providing
water
sewer
and,
I
believe
gas
from
macon
avenue
up
to
the
home
on
sunset
next
slide.
Please.
D
This
is
the
view
on
sunset.
This
is
the
south
side
of
the
home
or
left
side.
If
you're
facing
it,
it
was
under
construction.
I
met
mr
williams
who's
on
line
with
us
today
out
there
on
site
and
I'm
standing
basically
in
the
road.
Looking
here,
the
tree
on
the
left
is
I'd,
say
five
or
seven
feet
from
edge
of
pavement
next
slide,
please.
D
This
is
again
the
south
side
of
the
home.
Looking
down
a
little
bit
further
down
the
slope
next
slide.
Please
jason
just
wanted
to
document
this.
This
tree
was
dead.
This
was
in
the
kind
of
the
southeast
corner
close
to
sunset
drive
honestly,
I
do
not
recall
when
me
and
miss
watford
went
back
out
in
mid-february.
D
D
This
is
the
north
side
of
the
house,
the
right
hand
side
to
the
north
of
the
garage
next
slide.
Please
jason!
D
Mr
williams
was
very
gracious
to
take
me
inside
the
home
that
was
under
construction
to.
Let
me
look
out
for
the
downhill
side,
because
it
is
very
steep
and
there
were
active
crews
on
site.
So
in
the
very
center
of
the
screen
you
will
see
kind
of
like
some
rocks
and
another
pipe.
This
is
the
upper
end
of
that
utility
cut.
D
So
that's
kind
of
the
top
center
here
and
then
you're
looking
at,
I
guess
that
sauna
tubes
or
pilings
for
the
deck
above,
where
I'm
standing
at
next
slide,
please
we
did
get
access
here
out
of
a
door
and
I'm
looking
directly
behind
the
west
side
of
the
home,
and
you
can
see
this
kind
of
the
north
western
portion
of
the
yard.
I
should
say
so.
I'm
looking
along
that
west
face,
you
can
see
the
the
earth
clearing
and
foundation
next
slide,
please
jason
kind
of
the
same
location.
D
I
was
on
that
wood
there
in
the
very
center
right
of
the
screen.
I
stepped
out
there,
so
this
is
kind
of
looking
again
northwest
the
tree
line
next
slide.
Please
jason!
Okay.
At
the
very
beginning
of
the
nose
of
violation
process
me
and
mr
williams
did
work
on
trying
to
achieve
an
estimate.
You
know
it's
been
a
very
wet
winter
hard
to
walk
the
site,
so
he
had
been
on
the
site
for
a
couple
years.
D
I
believe
this
is
the
approximation
of
that
next
slide,
please
jason
and
and
then
so
we
we
did
get
a
a
letter
from
mr
williams
and
at
that
time
the
the
initial
estimate
was
74.50,
that's
kind
of
small
here,
which
would
have
been
a
hundred
square
feet
over
that
in
and
of
itself,
there's
no
discretion
for
staff.
So
even
a
square
foot
larger
would
have
triggered
a
new
variant,
so
it's
sort
of
an
academic
number,
but
it
is
over
and
then
of
course
this
was
at
the
end
of
december
next
slide.
D
Please
join
jason
and
then
mr
farrell
also
the
applicant's
petitioner
here
today
for
us,
we
had
a
lot
of
discussion
about,
and
I've
learned
a
lot
about
how
things
are
surveyed.
You
know
you
get
into
the
weeds
about
plant
metrics
versus
you
know
the
slope
of
property,
and
there
was
some
disagreement
about
how
much
we
had
estimated.
So
he
had
a
new
number
of
six
top
six
thousand
two
hundred
nineteen
square
feet
and
here's
his
letter
next
slide.
D
Please
and
there's
some
calculations
he
provided
to
support
that
next
slide,
please
jason
and
just
showing
how
you
would
correct
for
slow
versus
how
things
are
actually
drawn.
In
a
plain
view.
I
know
it's
kind
of
this
is
very
technical.
I
just
wanted
to
make
sure
we
had
this
in
the
the
record.
Next
slide,
please
again
more
from
another
elevation
home.
This
was
the
north
side
and
next
slide.
Please
jason.
D
So
this
was
the
approved
grading
plan
that
was
compliant
with
the
variants
from
2018
provided
by
the
oblivious
architect.
I
don't
want
to
put
that
words
in
his
mouth
here,
but
this
was
the
approved
grading
plan.
It
was
survey
next
slide.
Please-
and
so
I
mentioned
earlier-
that
me
and
mrs
watford
are
a
grading
and
site
engineering
coordinator,
my
cohort.
D
We
made
a
visit
with
the
architect
on
site.
He
agreed
to
meet
us
out
there.
Thank
we
were
very
gracious
for
that
opportunity
to
kind
of
visit
the
site
again.
I
believe
it
was
february
24th
of
this
year
to
kind
of
double
check
measurements.
To
make
sure
we
got
this
right,
we
did
able
to
walk
the
side
on
a
very
nice
day,
kind
of
a
little
bit
of
a
dry
period,
and
these
are
kind
of
our
basic
measurements.
D
Next
slide,
please
jason
and
then
mrs
watford
does
some
correction
for
slope
and
taking
the
count
the
utility
cut,
so
the
total
area
that
we
calculated
was
9,
100
or
so
square
feet,
and
next
slide,
please
jason,
and
of
course
I
just
have
this
an
exhibit.
I
don't
know
necessarily
that
we
need
to
get
into
that,
but
there
was
a
slope
report
by
the
geotechnical.
D
That's
in
the
board
packet.
You
should
have
a
chance
to
look
through
that.
It
is
also
just
coincidentally,
the
same
geotechnical,
I
believe,
engineer,
correct
steve
that
done
the
site
back
in
2016
for
the
variant,
so
that's
kind
of
fortuitous
that
they
kept
the
same
person
very
familiar
with
the
remediation
that
occurred
and
jason.
What
was
my
next
slide?
I
think
just
I
had
it
in
the
packet,
the
variance
order
just
so
you
can
review
that.
You
see
the
conditions
or
information
that
was
provided
eric
if
you
feel
like
that
was
not
necessary.
D
We
can
strike
that
from
the
packet,
but
I
just
had
it
for
information,
that's
cool
all
right
and
then
mr
farrell
did
include
in
in
january
this
information
as
well.
I
just
want
to
make
sure
he
had
his
applicant
information
in
the
slides
for
exhibit
two
and
three.
I
believe
yes,
that
I
just
zoomed
in
this
is
just
a
zoomed
in
for
you,
steve
of
the
data.
D
E
I
have
a
question,
mr
hurley,
if
I
can
ask
yes
ma'am
the
previous
variant's
approval
included
that
lower
septic
part,
the
utility
cut,
I
guess-
and
this
application
is
referring
to
the
upper
side
of
of
the
utility
cut,
is-
is.
D
E
D
You
see
where
the
I
think,
there's:
silk
fence
delineated,
there's
like
two
rows
of
silt
fence
here:
yeah,
that's
kind
of
kind
of
like
congruent,
where
they're
kind
of
the
same
path
of
the
blue
lines,
nancy's
drawn
that
was
kind
of
the
general
shape
of
the
variance
it
did
not
include
or
was
no
area
specified
in
that
400
square
foot
in
the
lower
left
kind
of
connecting
down
to
the
lower
half
of
the
property.
So
there
was
nothing
in
that
area
delineated
now
granted
that
was
represented
as
7
350.
D
E
But
we
don't
have
a
graphic
showing
the
total
extent
of
grading
in
the
previous
application.
D
No,
the
landslide
disservice
had
occurred
and
it
wasn't
really
part
of
the
variance.
It
was
the
reason
for
the
rationale
behind
the
variants
right.
I
guess
it
would
have
been
helpful
to
maybe
have
seen
where
that
touch
the
the
end
of
utility
cut
there,
that
I
think
it's
about
2400
2440,
where
it
ends
where
that
utility
cut
ends.
D
G
D
Bench,
the
old
logging
road
is
where
the
water
was
pooling
and
they
had
done
some
remediation
work
right
in
there.
So
there's
some
collection
devices
right
there
and
from
there
to
the
left
is
all
downhill.
That
is
the
area
of
prior
land
disturbance.
So
basically
the
utility
cut
touches
up
to
the
formal
landslide.
D
H
Yes,
I
have
a
few
questions,
the
first
one
just
to
verify.
This
is
an
after
the
fact
request
right.
What
is
being
asked
has
already
been
done.
D
H
Okay-
and
the
second
question
is,
on
the
application
question
number
three,
the
one
that
says
the
hardship
did
not
result
from
actions
taken
by
the
applicant
to
the
property
owner.
H
H
D
Well,
I
think
that
was
the
initial
discussion
because
they
had
to
get
the
application
in
before
their
extension
expired,
and
so
they
filed
it
january
22nd,
and
that
was
the
initial
discussions
that
we
were
having
with
the
applicant
that
we
were
afraid
that
maybe
because
of
this
whole
thing
about
slope
and
planometric
and
how
everything
is
surveyed
and
engineering
designed.
D
Hence
the
reason
why
we
had
to
put
off
we
requested
that
we
push
this
off
to
a
march
meeting,
so
that
nancy
and
I
could
dig
into
that
further
because
there
was
some
concern
or
contestant
that
we
weren't
taking
that
that
practice
into
account.
We
were
measuring
the
slope
and
not
measuring
the
plantar
metric,
how
things
are
actually
done
in
the
world
in
the
engineering
design,
professional
skill
set.
D
So
I
I
don't
want
to.
Basically
I
don't
want
to
come
out
and
say
I
don't
want
to
disagree
or
make
the
case
or
for
against
the
applicant.
We
do
have
mr
pharaoh
with
us,
so
he
might
go
explain
a
little
bit
better
than
me
on
that.
But
that
was
the
rationale
behind
it.
While
we
had
the
case,
we
asked
for
a
one
month
delay
it's
just
so
we
could
correct
it
me
and
nancy
walted,
and
we
are
of
pretty
firm
opinion
that
there's
not
a
measurement
error,
at
least
not
one
enough.
D
That's
inconsistent
to
result
on
being
compliant
or
not
compliant,
it
may
be,
could
be
how
far
out
of
compliance,
but
there's
definitely
certainly
we're
100
confidence.
I
feel
100
confident
they
are
out
of
compliance.
Okay.
Thank
you.
C
Okay,
do
we
have
any
further
questions
for
staff.
C
Okay
thanks
mr
farrell.
K
Hey
everybody:
my
name
is
steven
smith
farrell,
I'm
a
licensed
architect
in
private
practice
in
asheville,
been
a
licensed
architect
for
25
years
and
curiously,
I
was
and
remain
a
full-throated
advocate
of
the
steep
slope
ordinance.
K
So
if
we
had,
you
know
conversation
today,
it's
about
semantics,
it's
not
about
the
appropriateness
of
the
ordinance,
which
I
think
is
essential
to
this
community
that
I
love.
I
also
want
to
thank
the
board
for
being
here
and
being
of
service
to
the
community.
I
have
and
continue
to
serve
on
several
boards
myself.
I
know
it
can
be
thankless
and
difficult
work.
It
is
very
much
appreciated.
K
I'd
also
like
to
thank
staff.
I
again,
25
years
of
practice,
have
come
to
depend
on
the
professionalism
that
we
see
from
staff
again.
It's
a
very
difficult
job
can
be
very
thankless,
but
I
want
staff
to
know
that
we
really
do
appreciate
the
work
they
do
on
behalf
of
the
citizens,
so
we're
here
today
to
request
a
variance
for
an
additional
seventeen
hundred
and
fifty
square
feet.
K
This
of
a
lot
of
the
total
area
of
fifty
four
thousand
eight
hundred
and
eighty
five
square
feet,
which
represents
about
three
percent
of
the
total
area
by
way
of
explanation,
why
we're
before
you
today-
and
this
is
not
an
excuse
but
an
explanation.
There
are
several
points
I'd
like
to
make.
This
was
just
a
complicated
project
as,
as
evidenced
by
the
time
we've
been
working
on
it.
It's
the
most
complicated
house.
A
K
Ever
done
and
I've
done
hundreds
of
them,
we
had
horrible
weather
every
time.
We
would
dig
the
footings
it
would
snow
or
rain
and
we'd
have
to
pull
the
steel
out
and
clean
the
footings
out,
and
I
think
steve
williams
is
to
be
commended
for
keeping
the
silt
fences
operational
during
what,
by
any
accounts,
have
been
some
of
the
wettest
winters
in
recorded
history.
K
Obviously,
the
topography
is
very
challenging.
We,
we
did
put
the
house
on
the
least
steep
portion
of
the
property.
K
Knowing
now
that
that
is
counted
towards
disturbed
area,
we
might
have
held
back
a
little
bit.
So
those
are
why
we
are
here.
I
want
to
tell
you
what
we
have
done
to
protect
the
community's
interests
and
to
respect
the
intent
of
the
steep
slope
ordinance.
K
We
have
worked
with
a
licensed
geotechnical
engineering,
firm
and,
as
ricky
said,
it's
the
very
same
firm
that
did
the
remedial
work
in
2016.
constituted
some
pretty
substantial
engineering
and
and
drains
that
were
installed
between
the
house
and
the
former
landslide
area.
There's
like
a
an
intermittent
spring
that
runs
there
and
when
it
really
flows,
it
causes
a
problem.
K
So
we
were
the
same
engineers,
so
they
were
familiar
with
the
project
and,
as
of
course,
is
required
per
the
steep
slope
ordinance.
We
worked
with
them
and
followed
the
letter
of
their
recommendations
and,
as
a
result,
we
have
requested
and
received
their
certification
that
our
actions
have
not
increased
geo
technical
instability.
K
We've
also
worked
very
hard
to
restabilize
areas
that
were
disturbed
with
native
grasses,
many
trees
and
many
shrubs.
We
bears
mentioning.
We
installed
two
silk
fences
when
only
one
was
required,
and
I
think
that
was
a
a
good
move
again.
No
one
could
have
anticipated
these
historic
rain
events
and
snow
events
that
we've
had.
K
Let's
see
so
that's
that's
what
we've
done
we
we.
We
followed
the
rules.
We
got
a
little
bit
over
the
lines
and
part
of
that
was
you
know.
I
just
didn't
understand
that
mulching
it
constituted
a
change
of
the
surface
of
the
earth
and
miss
watford.
Helped
me
understand
that
so
going
forward
I'll
benefit
from
that
information.
K
So
that's
that's
kind
of
how
we
got
here
and
what
we've
done
and
here's
what
we
propose
was
one
other
thing.
We've
done,
we
have
instituted
a
regularly
scheduled
maintenance
program
to
clean
the
drains
that
the
geotechnical
engineers
design
when
the
hummels
the
present
owners
took
possession
of
the
property.
The
drains
were
completely
clogged,
and
so
you
know
the
best
engineering
in
the
world
won't
work
if
it's
not
maintained.
So
we
have
taken
a
very
active
role
in
cleaning
those
drains
and
making
sure
they
flow
and
work
properly.
K
Let's
see
so
the
other,
what
we're
willing
to
do
is
to
plant
additional
native
shrubs
I'd,
recommend
blueberries
because
they're
good
for
the
birds
and
they
look
nice
and
they
would
thrive
in
this
western
hot
western
sloping
property.
K
We
would
also
propose
to
plant
an
additional
seven
native
evergreen
trees,
and
this
is
in
addition
to
the
I
think
we
put
21
in
so
far.
So
would
be
another
seven
as
my
proposal
and
then
we
would
commit
to
continuing
to
maintain
the
drain
that
needs
to
be
kept
clean
in
order
to
prevent
another
landslide,
and
so
with
that,
I
will
throw
myself
on
the
mercy
of
the
board.
And
again,
I
thank
you
for
your
service
to
the
citizens
of
asheville.
K
I'd
probably
go
drink,
a
shot
of
whiskey,
but
I
don't
know
eric
what.
What
would
what
would
happen.
F
The
the
code
enforcement
process
that
had
started
and
resulted
in
the
issuance
of
an
nov
would
continue.
There
may
be
al
alternate
ways
of
addressing
the
issues
that
could
lead
the
property
owner
before
the
urban
forestry
commission
in
order
to
come
up
with
a
alternative
landscaping
plan
that
could
be
accepted,
that
it's
difficult
to
say
at
this
point
in
time,
because
as
you
as
you've
noted
mr
wilsinski,
this
is
an
after
the
fact
variance.
So
the
short
answer
is
the
code.
F
C
H
Let
me
ask
one
more
question
of
mr
edgerton:
if,
if
that
happened,
and
a
different
variance
was
required,
they
couldn't
come
back
for
another
variance
for
a
year
right.
F
I
believe
that
would
be
correct,
because
then
we
would
actually
be
in
the
situation
that
I
discussed
at
the
at
the
top
of
this
matter,
which
is
that
a
variance
request
would
have
been
denied
at
that
point,
and
then
they
would
have
to
be
able
to
present
evidence
sufficient
to
justify
a
re-hearing
in
accordance
with
the
board's
rules.
F
G
Mr
carroll,
what
stage
is
construction
at
right
now.
G
F
E
Gutsy,
so
is
this
the
I
guess
this
is
a
question
from
mr
edgerton
is:
was
this
their
only
recourse
I
mean?
Could
they
have
gone
to
the
urban
forestry
commission
at
the
outset
to
alleviate
this
notice
of
violation.
F
It
it
would
not,
it
would
not
have
completely
addressed
the
situation,
because
this
is
this
is
the
total
area
of
disturbed
site,
as
opposed
to
just
a
landscaping
issue
which
the
ufc
would
have
would
have
handled.
So
this
is
the
more
appropriate
course
of
action,
and
so,
ultimately,
the
question
for
the
board
is
whether
the
physical
hardships
imposed
by
these
past
landslides
would
justify
an
area
of
disturbance
that
is
in
effect
on
the
ground.
F
The
previous
iteration
of
this
board
found
that
it
would
have
justified
an
increased
area
of
disturbance
that
mr
hurley
has
noted.
The
question
now
is
just
whether
those
same
facts
would
justify
a
level
of
disturbance
that
that
we're
looking
at
with
the
completed
house
available
to
observe.
C
So
I
have
a
question
as
well
going
back
to
with
what
mr
wizinski
said
with
the
standards
of
granting
of
variance
number
three
hardship
is
not
a
result
of
the
actions
taken
by
the
owner.
C
So
which
do
you
contend
is
accurate.
What
the
city
measured,
what
you
measured?
What
can
you
explain
that.
K
K
So
when
I
wrote
that
that
was
true,
so
since
then
they've
come
out
and
carefully
measured
and
as
you
can
see,
they
have
corrected
for
planet
metrics.
If
there
is
a
discrepancy
and
obviously
there
is
it's
in
how
one
measures
disturbance,
quite
frankly,
I
didn't
think
mulch
constituted
disturbance.
I
at
the
time
I
didn't
I've,
come
to
understand
that
anything
you
do
to
the
surface
of
the
soil,
including
mulch,
constitutes
disturbance.
K
I
think
it.
It
bears
mentioning
that
grading
is
a
very
imprecise
science
and
you
just
you
know
this.
This
rule
it's
it's.
It's
intention
is
really
clear
and
good,
but
it's
just
not
easy
to
watch
a
backhoe
grader.
You
know
every
single
day
or
I
mean
a
track.
Co
operator,
I
don't
know
if
I
answered
your
question,
but.
C
No,
I
I
think
you
did
and
mr
farrell
you
know,
would
you
be
willing
to
go
to
the
forest?
What
was
the
commission
to
do
what
they
say
if
that's
a
condition
of
approval.
K
I
mean
it's
hard
to
say
without
knowing
what
they
would
require.
I
can
tell
you
I've
spoken
with
the
clients
and
they
are
more
than
eager
to
provide
plants
and
trees
to
I
mean
almost
anyone's
recommendation
at
this
point.
They're
a
little
gun
shy
about
where
to
do
that,
knowing
that
the
act
of
digging
a
hole
constitutes
you
know
an
exaggeration
of
this
problem,
so
you
know
I
I
want
to
say
a
qualified.
You
know.
I
do
think
that
would
be
fine,
but
I
just
don't
know
what
they
would
require.
K
I
I
can
tell
you
as
an
advocate
for
the
citizens
of
asheville,
as
well
as
the
clients,
the
preferable
action
is
to
be
done
with
this
and
to
move
forward
with
a
great
addition
to
the
neighborhood
and
a
great
addition
to
the
tax
base.
That
benefits
all
the
citizens
of
asheville-
and
I
should
point
out,
does
so
in
a
way
that
respects
to
the
letter,
the
geotechnical
engineers,
recommendations
and
specifications.
K
So
there's
no
possible
interpretation
that
this
1750
feet
has
increased
risk.
The
citizens
of
asheville
or
we
wouldn't
have
got
that
certification.
K
And
so
we're
going
above
and
beyond,
and
you
know,
respectfully
request
acceptance
of
this
application
for
750
square
feet
on
a
54,
885
square
foot,
property.
C
M
Hello
hi:
this
is
joe
home,
I'm
actually
the
homeowner.
M
I've
been
listening
to
you
all
today
and
I
thank
you
very
much
for
the
time
and
attention
you've
been
taking
to
this
matter,
and
I
just
wanted
to
say
you
know
we,
my
wife
and
I
shelly
are
so
happy
to
be
in
the
neighborhood
and
we
absolutely
agree
with
the
steep
slope
ordinance
and
we
want
to
respect
that
from
the
start,
and
I
know
that
steve
farrell
and
steve
williams
both
really
were
very,
very
stringent
and
close
upon
that
from
the
start,
we
knew
what
we
were
dealing
with
and
other
advocates
for
the
community.
M
Just
like
we
are-
and
I
can
just
say
I
haven't
been
to
the
site
multiple
times
during
construction.
You
know
when
those
backhoe
guys
are
moving
around
and
I
see
you
know,
and
I
just
one
day
I
was
there
talking
to
the
gentleman
who
was
actually
doing
some
of
the
clearing
and
he
was
trying
to
get
the
utilities
up
and
he
had
the
swing
and
he's
like.
Oh
boy.
M
I
know
that
they,
you
know,
love
the
land
and
the
trees
and
asheville
as
much
as
you
know,
mr
pharrell,
mr
williams
do
and
as
my
wife
and
I
do,
and
I
think
it
was
just
such
a
challenging
slope-
I
do
want
to
commend.
You
know
both
of
them
and
everyone
that's
been
involved
in
the
project,
be
able
to
get
it
done
and
and
and
to
be
that
close,
because
we
really
thought
that
we
were
within
the
guidelines
the
whole
time
and
operating
very
very
closely.
M
But
you
know
you
can
see
how
you
know
on
such
a
steep
slope
with
so
many
terrain
issues,
and
so
many
you
know
different
obstacles
that
that
you
know
that
these
that
this
you
know
could
inevitably
happen,
and
I
think
you
know
we
really
were
watching
that
we
kept
the
footprint
literally
as
small
as
we
possibly
could
for
the
for
the
desires
for
the
house
would
be
able
to
fulfill
that.
M
We
were
out
last
weekend
and
I
did
replant
two
of
the
trees
that
had
died
and
I
went
to
the
nursery
and
told
them
we're
going
to
be
buying
some
more
trees.
Once
we
have
this.
M
This
variance-
and
I
just
you
know,
want
everyone
on
the
phone
to
understand,
and
it's
evolved
that
you
know
we
in
no
way
there
was
no
intention
or
anybody's
behalf
to
try
and
make
any
disruptive
moves
on
this
property,
and
I
think
again
they
did
a
beautiful
job
with
it
and
we
just
want
to
make
it
right
so
that
we
are,
you
know
following
along,
we
get
the
variance
that
we
need
to
live
there
happily
and
be
productive
members
of
the
community
and
and
and
to
keep
the
neighborhood
looking
nice
and
to
follow
all
the
rules
as
they
stand.
M
So
again,
I
just
want
to
thank
people
for
their
time
and
their
attention.
That's
because
these
things
matter
for
the
community,
so
I
know
it's
taking
a
lot
of
hours
and
a
lot
of
people
to
to
get
these
together,
and
we
do,
you
know,
stand
behind
that
and
are
glad
this
is
happening
if
we
just
want
to
help
make
it
right
too,.
D
Did
mr
hummel,
did
you
get
sworn
in
at
the
beginning.
M
C
So
let
me
swear
you
in
real
quick.
Do
you
do
you
solemnly
swear
that
the
witness
testimony
you
just
gave
was
the
truth,
the
whole
truth
and
nothing
but
the
truth.
C
C
Any
further
questions
from
staff
from
staff
or
our
board
for
the
petitioners.
B
J
C
Okay,
just
state
your
name
and
proceed.
J
All
right,
my
name
is
sharon
sumrall
and
I'm
a
member
of
the
urban
forestry
commission
and
professionally
I'm
a
landscape
contractor
over
40
years,
and
I
was
contacted
in
august
of
2020
by
concerned
neighbors
regarding
the
continued
clearing
of
existing
trees
in
the
soil
erosion.
J
So,
after
listening
to
the
report
and
hearing
from
mr
edgerton
that
this
is
a
straight
request,
I'm
not
going
to
go
into
all
my
explanation
from
the
previous
board
of
adjustments.
Ricky
explained
it
pretty
well,
and
I've
got
two
things
I
need
to
to
take
it
down
to
the
the
grading
issue
I
came
out
during
and
mr
smith
is
correct.
There
was
a
whole
load
of
rain.
J
I
did
come
out
and
look
at
the
bottom,
the
property
I'm
making
when
there
was
considerable
amount
of
silting
and
soil
washing
down
as
there
had
been
after
they
had
dug
the
utility
trench,
and
I
had
looked
at
the
old
plants
and
saw
that
a
part
of
that
area
was
part
of
the
previous
landslide
and
there
was
no
silk
fencing
up
at
that
time,
even
though
they
had
done
a
considerable
amount
of
trenching
in
the
utility
area
and
then
right
after
a
lot
of
water
washed
down
on
on
soil
down
to
macon,
and
I
think
was
the
next
couple
days.
J
The
silk
fencing
went
back
up
and
then
I
had
a
lot
of
people
question
me
about
the
trees,
which
is
not
applicable,
that
I
have
a
comment
on
and
if
I
have
enough
time
I'll
make
a
couple
of
statements
on
that.
I
did
contact
zoning
and
asked
them
to
measure
the
area,
because
I
had
so
many
neighbors
contact
me
and
said
it
seemed
to
be
way
over
the
area
that
was
allowed
to
be
graded
and
not
wanting
to
trespass,
I
wasn't
sure,
and
so
zoning
went
out.
J
I
did
look
at
the
previous
reports
from
appalachian
landslides
consultants,
stating
they
recommend
adding
more
substantial
vegetation
like
small
trees
and
shrubs.
There
were
a
number
of
hardwood
trees
that
were
removed
during
this
utility
trench
and
other
grading
areas
that
were
not
on
this
plan
that
were
not
surveyed,
but
basically
what
we'd
like
to
say,
I'd
like
to
say
in
conclusion,
is
seeing
how
this
is
in
a
steep
slope
b
and
already
definitive
clearing
requirements.
J
Paying
attention
to
such
matters
is
detrimental
to
the
safety
of
our
neighbors
and
detrimental
to
our
mountain
environs,
and
I
appreciate
everybody's
concern
being
on
steep
slope
b
and
having
dealt
with
equipment,
equipment
operators.
My
whole
career,
when
I'm
in
a
steep
slope
or
in
a
dangerous
area.
I
watch
what's
being
graded,
I
watch
what's
being
done
and
it's
just
part
what
I
do
is
being
responsible
landscape
licensed
contractors,
and
so
therefore
we
I
am
concerned
about
the
amount
of
grading
and
how
it
was
handled.
J
J
They
probably
won't
have
a
chance
to
leap
out
and
vegetate
that
is
dear
favorite
thing
to
eat
and
also
I
would
say
that
if
this
does
go
to
the
urban
forestry
commission,
which
I
don't
think
it
will,
but
if
it
does
that
we
would
recommend
some
of
the
hardwoods
to
be
replanted,
and
I
don't
speak
for
everybody.
I
speak
for
myself
and
it
is
possible
to
plant
the
trees
without
disturbing
a
whole
lot
more
surface
area,
there's
a
way
that
it
can
be
done.
J
You
can
use
a
smaller
tree
burn
it
up
and
you
can
even
you
know,
deal
with
the
berms.
So
I
appreciate
you
for
listening
and
thank
you
very
much.
C
B
N
Hi,
my
name
is
suzanne
escovitz
and
I
did
say
yes
to
being
sworn
in.
I
don't
know
if
you
heard
me
or
not.
C
N
N
I
witnessed
the
damage
caused
by
the
july
2013
mudslide
a
time
when
the
lot
had
trees
and
vegetation
and
no
house
construction
on
a
narrow
section
of
sunset
drive
and
the
consequences
for
neighbors
in
the
grove
park.
Inn
during
that
that
situation
when
the
lot
was
sold,
our
neighborhood
association
and
area
residents
supported
the
city
of
asheville
staff's
recommendation
that
a
house
be
allowed
to
be
built
at
the
base
along
macon
avenue.
N
Instead,
the
board
of
adjustments
went
against
the
city
staff
recommendation
and
allowed
a
home
to
be
built
at
the
top
of
the
lot.
N
My
husband
and
I
often
walked
past
the
construction
and
were
shocked
by
the
owner's
lack
of
consideration
for
the
neighborhood
in
stabilizing
what
qualifies
as
a
steep
slope
arbitrarily
closing
sunset
drive,
both
at
old
toll
and
fairmont,
with
handmade
signs
and
without
permits.
N
They
blocked
sunset
drive,
they've
left
dumpsters
uncovered,
resulting
in
trash
all
over
the
street
removed
living
trees
and,
in
addition-
and
this
is
the
most
probably
the
most
serious-
is
they're
very
heavy
trucks,
packed
down
the
storm
water
ditches
and
I'm
talking
about
the
spot,
the
other
side
of
sunset,
so
that
their
tires
wouldn't
get
stuck.
N
They
filled
the
drainage
dishes
with
stone
and
they've
left
them
there,
and
the
result
is
those
all
that
packed
stone
has
resulted
in
storm
water
flowing
into
the
road
instead
of
into
the
storm
dishes,
which
amounts
to
a
serious
disturbance
of
sunset
drive.
Contrary
to
the
claim
in
the
application
for
a
revised
variant,
sunset
drive
has
been
disturbed
just
in
the
past
few
weeks,
the
owner's
agent
plus
a
commercial
sign
in
front
of
the
notice
sign
for
this
meeting.
N
N
So
I
realized
that
a
lot
of
that
is
not
on
point
with
the
variance
request,
but
on
behalf
of
the
neighborhood,
it
just
sounds
like
you're,
going
to
reward
an
ongoing
long
list
of
bad
behaviors
by
giving
them
a
variance
to
the
variance
and
that
just
that's
just
not
right,
because
it
was
clearly
spelled
out
what
they
had
to
do.
If
they
had
any
questions,
they
could
have,
as
sharon
just
said,
checked
on
it
verified
things,
but
they
didn't
they
just
forged
ahead
and
now,
after
the
fact,
this
is
all
coming
forward.
N
So
I
ask
that
the
board
of
adjustment
not
grant
the
new
variance
and
instead
require
the
owners
to
mitigate
the
percentage
of
the
lot
where
they've
already
exceeded
the
terms
of
the
original
variance
and
restore
the
storm.
Water
ditches
all
along
sunset
drive
in
the
vicinity
of
the
house,
and
thank
you
for
very
much
for
allowing
me
to
speak
at
this
meeting.
B
C
L
My
name
is
tom
gurley
and
I
live
at
285
macon
avenue,
which
is
up
the
street
two
properties
above
the
subject
property.
My
property
runs
from
macon
avenue
all
the
way
up
to
sunset
drive.
L
L
I
was,
I
was
at
home
in
2013
during
the
rain
event
that
led
to
that
landslide
in
in
july
of
2013..
So
and
I
had
a
torrent
of
water
on
my
property,
and
I
had
erosion
that
had
to
be
repaired.
So
I'm
I'm
well
aware
of
the
damage
that
stormwater
runoff
can
do
over
the
course
of
this
construction
project
over
the
last
couple
of
years,
but
most
especially
since
the
additional
large
mature
trees
were
removed,
and
there
was
additional
clearing.
L
Last
year,
I've
seen
additional
storm
water
runoff
onto
my
property
following
rain
events
on
the
left
side
of
the
property.
That
is
the
side
from
the
direction
of
the
424
sunset
property.
It's
more
runoff
than
than
I've
been
used
to
seeing
since
since
I've
been
there
since
2012
and
it's
it's
showing
up
in
places
that
I've
never
seen
it
before
and
I
had
to
have
a
contractor
come
in
last
fall
to
beef
up
the
drainage
around
my
driveway
he's
not
finished.
L
I
was
also
present
at
the
2016
meeting
when
the
existing
variants
was
was
approved,
and
I
recall
an
exhibit
that
was
shown
at
that
meeting,
that
there
was
a
drawing
that
was
shown
that
showed
the
footprint
of
a
house
that
that
could
be
built
at
the
at
the
top
there
on
sunset
drive.
L
That
was
shown
as
justification
for
the
amount
of
clearing
that
was
being
requested.
L
L
It's
it's
more
roof
area,
a
larger
footprint,
so
there's
more
impervious
surface
area
than
was
envisioned
when
that
previous
variance
was
approved,
and
now
we
know
that
additional
large
trees
have
been
removed
and
there's
more
vegetation,
that's
been
removed
and
as
as
you've
just
heard-
and
I
just
recently
learned-
the
drainage
ditch
on
sunset
drive
has
been
closed.
So
it's
no
surprise
to
me
that
I'm
seeing
this
additional
runoff
and
I'm
very
concerned
about
it.
L
I
I
think
that
the
the
property
owner
where
the
runoff
is
originating
should
take
responsibility
for
mitigating
the
runoff.
It
shouldn't
be
the
responsibility
of
neighbors,
who
are
the
recipients
of
that
runoff.
L
So
my
my
request
is
that
this
there's
a
variance
be
denied,
but
in
any
case
whether
it's
approved
or
denied,
there
must
be
conditions.
The
the
the
homeowner
and
the
contractor
must
restore
the
trees
and
the
vegetation
on
the
slope.
L
I
I
think
if
this,
if
this
variant
is
approved,
especially
if
it's
approved
with
without
conditions,
then
we
might
as
well
not
have
the
steep
slope
ordinance,
and
I
know
I've
heard
people
supporting
the
steep
slope
ordinance.
So
I
I
hope
that
everyone
will
do
the
right
thing
by
this.
I
appreciate
the
opportunity
to
speak.
Thank
you.
C
Thank
you
for
the
call.
Do
we
have
any
more
callers.
J
B
C
Okay,
if
the
caller
would
state
their
name
and
have
you
been
sworn
in.
O
Yes,
I
was
sworn
in
at
the
top
of
the
meeting.
My
name
is
john
quinn.
Thank
you
for
this
opportunity
to
testify
and
thank
you
all
aboard
of
adjustment
members
for
your
service
to
the
community.
O
I
do
the
board
of
elections
myself
and
I
appreciated
the
earlier
comments
about
thankless
tasks,
but
thank
you
so
much
for
what
you
do
anyway.
I
live
at
428
sunset
drive
and
that
is
the
property
immediately
adjacent
to
424
sunset
drive
when
this
board
was
petitioned
for
a
variance
to
the
sleep,
steep
slope
ordinance
in
2016
staff
presented
a
case
that
described
a
quote
request
to
disturb
7
350
square
feet
in
order
to
build
a
2,
500
square
foot
single
story
home
with
a
detached,
900
square
foot
garage.
O
In
other
words,
this
board
was
presented
and
approved
one
proposal,
but
the
ensuing
project
used
a
different
plan
now,
as
was
noted
earlier,
the
date
of
the
application.
For
this
variance
was
january,
22nd
2021,
but
the
additional
grading
for
which
this
variance
is
sought
began
in
august
2020
with
follow-up
in
september
2020..
O
O
O
I
was
right
next
to
the
property.
I
have
had
to
monitor
this
project
for
two
hellish
years.
I
am
very
grateful.
The
project
is
done,
but
I
am
very
frustrated
that
the
city
would
not
respond
to
my
issues,
and
so
I
have
learned
today
that
what
prompted
the
application
in
january
was
a
complaint
that
was
issued
in
october
now
I
had
nothing
to
do
with
that
october.
Complaint,
I
don't
know
where
it
came
from,
but
I
thank
whoever
started
that
ball
rolling.
O
It
was
so
bad
that
I
know
that
members
of
the
community
complained
to
the
city.
I
spoke
with
david
kitt
myself
and
ultimately,
the
contractor
was
directed
to
do
a
better
job
of
trash
and
refuse
disposal,
and
this
was
because
bears
and
and
crows
and
whatnot
were
being
attracted
to
this
open
disposal.
O
A
real
bugaboo
for
me
has
been
the
contractor's
unwillingness
to
abide
by
the
city's
street
closure
permitting
requirements
over
the
course
of
this
project.
Mr
williams
requested
street
closures
three
times
and
that
third
one
which
was
in
in
2020
he
requested
an
extension
so
basically
foreclosures.
O
O
When
I
spoke
with
mr
kitt,
it
became
apparent
that
mr
williams
had
not
been
requesting
such
street
closures,
and
apparently
mr
kitt
got
with
him,
because
street
closure
permits
were
subsequently
requested.
However,
the
requirements
of
the
street
closure
permits
were
not
met.
The
city
of
asheville
has
a
has
a
policy
where
neighbors
are
to
be
notified
at
least
a
week
in
advance
of
the
street
closure.
O
O
Finally,
the
owners,
when
I
pointed
out
to
them
that
when
you
have
a
moving
truck
in
the
middle
of
sunset,
drive
closing
the
the
street
to
to
passage
you've
got
to
get
a
permit
to
do
that,
and
they
did
so.
I
found
that
there
are
people
in
my
neighborhood.
These
new
owners
did
exactly
what
they
were
supposed
to
do
with
the
street
closure
permit.
But
mr
williams
not
once
not
wants
to
demotify
us
and
in
only
one
instance,
did
he
post
the
requisite
signage
for
street
closure.
O
In
every
other
instance,
all
he
did
was
take
a
traffic
cone,
put
it
in
the
street
and
scroll
on
a
piece
of
cardboard
attached
to
a
stick
street
closed
that
doesn't
comply
with
anything
that
the
city
of
asheville
requires.
But
that
has
been
the
pattern
and
practice
of
mr
williams
from
your
nose
at
regulation.
O
C
Thank
you.
Does
the
board
have
any
questions?
B
B
C
Okay,
I'll
close
public
comment
open
it
up
for
board
comments,
thoughts,
board
members.
H
Yeah,
this
is
paul
if
the
board
wanted
to
consider
granting
the
variance
I
would.
I
would
be
interested
in
talking
about
putting
two
conditions
on
the
grant,
the
first
one
having
to
do
with
the
urban
forestry
commission.
I
don't
know
how
they
work,
but
the
idea
of
the
of
the
condition
would
be
that
the
applicant
asked
them
for
their
suggestions
as
to
what
should
be
done
on
the
property
and
that
they
follow
the
suggestions
of
the
forestry
commission
and
the
second
one
relating
to
what
several
people
have.
H
What
several
callers
have
have
mentioned,
with
the
stormwater
ditches
being
one
person
said,
clogged
and
another
person
said
closed,
resulting
in
increased
runoff
and
the
second.
The
second
condition
I
would
like
to
see
would
be
that
they
that
the
property
owner
did
some
sort
of
remediation
to
stopped
and
increased
water
runoff.
G
Yeah,
I'm
not
sure
that
that
remediating
clogged
drainage,
ditch
is
is
a
matter
for
this
hearing.
I
mean
that's
some
action.
The
city
I
would
have
thought
should
take
anyway.
C
Okay,
I
I
have
go
right.
G
E
A
Mr
carroll
yeah,
I
believe
that
variance
did.
D
Show
like
a
footprint
like
a
2000
or
20,
some
hundred
square
foot
house-
I
I
do
know
the
house
that
is
currently
constructed
is
multiple
levels,
so
I
I
do
believe
it
is
closer
and
mr
williams
might
be
able
to
tell
us
the
actual
square
footage
of
the
home
or
mr
farrell,
but
it
did
have
at
least
two
levels
or
there
might
even
been
a
partial
third,
I
can't
say,
but
it
it
seemed
to
be
closer.
D
I
don't
want
to
guess
it
seemed
to
be
closer
to
around
2000
2500
square
foot
footprint.
But
if
you
want
to
know
the
footprint
we
might
have
to
ask
the
actual
general
contractor
or
the
architect
on
that.
G
D
The
the
house
plan
that
we
see
here
was
presented
on
the
approved
site
plan,
that's
in
the
packet
and
they
showed
complying
with
the
grading
limits
at
the
time,
at
least
what
they
indicated
on
their
plans.
G
I
I
I
don't
know
how
it
relates
to
bulge,
but
when
we,
when
land
disturbance
is
defined
state,
it
is
a
change
in
the
cover
of
the
earth.
So
that
means
like
you're.
I
I
I
But
if
you're
clearing
out
any
underbrush
and
clearing
out
all
any
sort
of
stability
factors,
then
it
would
be,
but
so
I
mean
you
know
when
we
measured
this,
we
stayed
within
the
limits
of
the
mulch
law,
figuring
that
when
they
laid
mulch
that
they
probably
went
outside
of
the
limits
that
were
of
the
actual
disturbance
area.
So
we
were
what
would
you
say,
making
a
foot
or
two
in
at
least
in
different
areas.
I
E
Yeah
that
helps
me
a
lot
and
and
a
follow-up
question
to
the
stormwater.
Obviously,
you've
been
hearing
the
issues
that
the
neighbors
have
been
discussing
on
stormwater.
Do
you
have
any
updates
on
how
what
the
conditions
are
up
there
currently
is
everything
back
to
to
normal?
I
don't
know,
would
that
be
the
responsible?
E
I
Would
be
the
responsibility
of
the
of
whoever
created
the
impact,
I
would
say
if
we
you
know
so
and
that's
I
think
it's
public
works.
Who
would
make
some
of
that
determination?
We've
gotta
check
with
our
inspectors
and
with
public
works.
Who
knows
the
ditches
in
the
in
those
crews
to
have
them
go
and
check,
and
it's
I
think
it
would
fall
to
them
yeah.
I
have
some
portion
of
it
from
an
inspection
from
a
site
enforcement
side.
If
the
permit's
delivered.
E
Well,
based
on
that,
I
think
that
tying
that
that
to
any
variants,
that's
granted
may
not
be
the
best
way
to
go
about
it.
Just
to
have
the
neighbors
call
public
works
to
meet
on
site
to
see
if
there's
any
remediation.
That
needs
to
happen
and
not
have
it
be
tied
to
our
variants,
because
they're
going
to
need
to
weigh
in
on
what
needs
to
be
done
out
there
anyway,
and
I
don't
know
that
we
want
to
tie
a
property
owner
to.
E
I
don't
know
just
seems
like
that's,
there's
a
course
of
action
that
can
be
taken
to
remediate
the
any
kind
of
declines
that
need
to
be
repaired
and
that
type
of
thing
and
then
and
then
the
condition
about
the
urban
forestry
mission.
E
I
do
have
some
concerns
there,
because
going
to
the
urban
forestry
commission
and
just
saying
hey
work
it
out
there,
but
it's
a
completely
subjective
body.
There's
no,
there's
no
parameters
that
and
and
then
they're
horse
trading,
for
a
condition
of
their
variance.
E
I
just
think
it
would
be
cleaner
if
we
just
either
bring
to
the
variance
we
didn't
grade
the
variance
and
but
I
I
see
what
you're
saying
paul
but
but
I
just
feel
I
have
some
concerns
with
granting
that
granting
of
marriage
is
based
on
those
two
conditions
or
granting
a
variance
at
all.
But
still
the
conditions
concern
me
a
little
bit
and-
and
those
are
my
reasons
why.
C
Okay,
so
you
know
well,
while
I
feel,
for
you
know
the
petitioners
and
the
callers,
we
as
a
board
are
tasked
with
very
very
described
rules,
and
that
is
we
don't
have
unlimited
discretion.
C
What
we
can
do
is
grant
a
variance
based
on
four
rules,
and
that
is
unnecessary
hardship,
hardship
resulting
from
conditions
particularly
to
the
property
results
taken
by
by
the
applicant
and
whether
the
hardship
or
the
the
variance
is
in
spirit
purpose
and
all
of
those
things
really
have
to
comply
for
barons
to
be
granted.
C
C
That's
that's
still
a
result
of
the
petitioner
and
their
agents,
so
you
know
the
petitioner
would
have
to
remedy
that
with
their
agents
and
or
the
city,
but
as
it
stands
based
on
those
rules,
I
I
would
say
number
three
does
not
fall
within
the
yes
category
for
me.
C
So
any
further
comments,
chair.
D
C
N
Yes,
this
is
suzanne
escovitz
again,
and
I've
been
listening
to
the
back
and
forth
on
the
storm,
water
and
and
just
so
I'm
and
the
drainage
dishes,
and
just
so
I'm
clear
what
the
owners
have
done
is
on
the
opposite
side
of
sunset
drive.
Their
contractors
have
filled
in
the
drainage,
ditches
with
large
rocks
and
then
as
the
weight
of
the
large
delivery
trucks,
and
these
were
massive
trucks
weighted.
N
N
N
So
I
don't
understand
why
there
can't
be
something
where,
if
it's
fixed
and
tax
dollars
should
not
go
to
fixing
this,
this
should
be
the
responsibility
of
the
owners.
If
it's
fixed,
then
they
can
reapply
for
this
new
variance,
but
they
need
to
just
show
some
good
faith
that
they
intend
to
fix
what
they've
damaged
before
you
can
give
them
a
pass
on
on
what
they've
done,
and
I
felt
it
was
important
to
clarify
the
extent
of
what
we're
talking
about
on
that
road
and
thank
you
again
for
opening
up
public
comment.
C
Okay,
thank
you.
I'm
gonna
close
public
comments
again
further
thoughts.
F
Realistically,
the
hardship
that
you
all
are
being
presented
testimony
regarding
are
two
landslides
that
occurred,
and
so
the
the
question
of
who
caused
the
hardship
is
not
is
not
you're
not
bound
to
what
was
included
in
the
application
regarding
just
differences
of
opinion
on
how
the
site
disturbance
should
be
measured,
you're
fully
entitled
to
consider
any
and
all
evidence,
that's
been
presented
to
the
board.
You're
not
limited
to
the
identification
of
that
one
measurement
issue
in
the
application
so
happy
to
answer
any
further
questions
you
may
have
on
that.
C
Correct
and
mr
anderson,
my
comment
was
more
in
line
with
the.
I
know:
it's
a
new
application
for
a
different
variants
than
what
was
granted
in
2016.,
but
again
it
it
was
approved
then,
and
it
was
gone
beyond
and
above
what
that
was
so
it.
You
know
when
you
do
that,
you're
asking
then
to
say
the
you
know
we
didn't
follow
the
guidelines,
then
so
we're
asking
for
something
that
we've
already
done
in
retrospect
and
not
necessarily
the.
C
Measurements:
okay,
looking
for
a
motion.
F
And
just
for
the
purposes
of
clarity,
if
there
are
going
to
be
any
conditions
attached
to
the
variants,
those
would
need,
they
would
need
to
be
enumerated
in
the
motion
itself.
So
I
hate
to
complicate
things,
but
if
there
is,
if
there's
an
anticipated
need
for
conditions,
it
would
be
best
to
have
those
included
up.
H
Front
yeah
originally,
I
would
have
included
my
two
conditions,
but
I
think
I'm
going
to.
C
We
have,
but
if,
if
the
petitioner
wishes
to
speak,
if
we
have
a
motion
on
the
floor
I'll
allow
it.
K
I
just
wanted
to
say
that
I
know
I
speak
for
the
owners
when
I
say
that
we
would
be
more
than
willing
to
clean
out
the
storm,
ditch
to
the
what's
that
the
east
steve.
H
K
C
Okay,
again,
we
have
a
motion
on
the
floor.
Is
there
a
second
on
that
motion.
H
H
H
Because
it
always
confuses
me
if
you
say
yes
to
that
motion,
then
you're
saying
no,
don't
get
the
variance,
and
if
you
say
no
to
that
request,
then
you're
saying
yes
grant
the
variance-
and
I
don't
know
if
it's
my
age
or
what,
but
I
always
get
confused
by
that,
and
I
would
also
say
that
that
little
book
that
we
got
that
was
given
to
us
by
the
city
there's
a
page
in
there
that
suggests
that
every
motion
always
be
in
the
affirmative,
and
I
only
say
that
in
terms
of
if
people
are
are,
are
not
interested,
I'm
not
interested
in
seconding
it.
C
Well,
you
know
if
the
motion
does
not
have
a
second,
the
motion
fails
and
the
variance
will
not
be
granted.
I
believe
that
is
how
the
robert's
rules
of
order
work.
Mr
excuse,
can
you
chime
in.
F
C
Okay,
miss
gunty
seconds
any
further
discussion.
C
E
C
Mr
newman,
no,
mr
wazinski,
no
and
mr
bhakta
says
no.
The
emotion
fails,
the
the
request.
For
I'm
sorry,
the
motion
does
fail
and,
and
the
request
for
variance
has
been
denied.
F
We
we
can
do
that
offline,
but
those
conversations.
C
Okay,
we
don't
have
anything
further
on
the
agenda.
Thank
you
guys
for
attending
callers
speakers.
Petitioners.
We
will
there's
no
objections.
We
will
adjourn
the
meeting.
Thank
you
board.
Thank
you.