City of Portsmouth, New Hampshire Board of Adjustment, 29 Mar 2023

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3.29.2023 Board of Adjustment

A

Progress: okay,.

B

Okay, the march 29th meeting of the zoning board of adjustment is has started. We are starting.

B

First, I want to tell you something about the public hearing process.

B

Applicants can present for 15 minutes. If they need more time, they should speak to.

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Us at the beginning of their time, and we will consider whether or.

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Not to allow that anyone who's speaking to for or against has five minutes each.

B

So tonight there are only five voting members section 7 item, seven of the board of adjustment.

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Rules and regulations each applicant has the right to postpone consideration to the next meeting.

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When there are six or more when there are six or fewer members present, if there are any applicants.

B

Tonight that wish to postpone to a later date, please state your request to the board when your.

B

Item is read, shouldn't it never mind, so I would like to suspend the rules to consider the several.

B

Post moments that we do have for tonight, can we take a vote for the postponements? Yes, that's what.

B

I would like to do you have to suspend the rules to uh to do that. Adam sherman. I make a motion to.

C

Postpone item c we're taking them one at a time. Okay, item c, and we have to vote to suspend the.

B

Rules before we can would someone like to make a motion to suspend the rules, so we can.

B

Consider the person so moved. Thank you, mr mano. Thank you, mr matson. All in favor, aye, aye, okay,.

B

Because there are different reasons, make a motion to spend item c under new business. Okay,.

B

Is there a second item c is 55 mangrove? Yes, why don't you I'm sorry on our different forms.

B

They have to some have numbers or not. So if you could state the address, okay uh request postpone.

C

um Request by michael knight, owner for the property located at 55 mangrove streets, thank.

B

You, and is there a second a second, and would you like to say anything else, uh the applicant.

C

Has requested a postponement grant these routinely spellman just become members and.

B

Yes, we do grant these routinely also wearing it routinely. So all those in favor, aye, aye.

B

74 sunset is the next person make a motion to postpone, as requested.

C

Okay, is there a second second? Thank you again is this for five members.

C

um Again, that's their prerogative postpone anything to add. Okay, all in favor aye. Thank.

B

You the next one, is for 196 aldrich, and this is because they would like time to do a new survey.

C

A motion to postpone the item for the request of the applicant is there a second second.

B

Ms margison anything to add, I didn't see you no all right all in favor. Thank you.

B

And 15 lafayette road, one member of their team, couldn't be here tonight and so they're.

B

Requesting to postpone again um make the request postponed for the request of murdock living trust.

C

At 15 lafayette road. Thank you second. Thank you, any discussion, anything to add.

B

All in favor all right and for sylvester street requests to postpone because of the five members.

C

uh That's item k. ah I'm sorry, I'm looking at something that says nine. So yes.

C

Item k uh make the motion to postpone on the requests of jared's cellular owner.

C

For the property at four sylvester street, okay for a second, a second okay. Thank you.

B

All in favor aye um and lastly, nine kent street, which must be l.

B

um Request to postpone- because there are just five of us here tonight- request postpone the.

C

Request of cynthia austin smith and peter for the property located at 9 kent street.

B

Anything to add: oh okay, all in favor all right, okay,.

B

B

All right, then, the first item of business for tonight is item e.

B

The request of catherine l cook owner for property located at 199 clinton street, whereas relief is.

B

Needed to demolish the existing dwelling and construct a new single-family dwelling, which.

B

Requires the following one variances from section 10.521 to allow a a lot area and lot area per.

B

Dwelling unit of 4917, where 7 500 is required for each b 54 feet of frontage, where 100 is required.

B

C: a four foot front yard, where 15 is required: d; a nine foot right side yard, where 10 is required.

B

And e 28 building coverage, we're 25 is the maximum allowed said. Property is located on a system map.

B

159 lot 26 and lies within the general residence a district is there anyone to speak to this petition.

B

uh Yes, good evening, madam chair and members of the board, I'm chris mulligan from bozen associates.

D

Here in portsmouth here to my right, is katie cook the property owner at 199 clinton street. What we.

D

Are proposing and what you have before you is a proposal to demolish the existing single-family.

D

Residents on this site and replace it with a brand new code compliant structure that will also be a.

D

Single family residence in um essentially the same general location as the existing non-compliant.

D

Home exists: the um if you can scroll forward or scroll backwards to the tax map that was submitted.

D

um There are a couple of interesting things right off the bat about this property that I'd like to.

D

Point out I mean we need a various relief that is inherent in this lot, because it's non-conforming.

D

As to frontage and lot size and will always be such but a couple of things that are very.

D

Unique about this property, in my opinion, first, the property itself or the building itself, is.

D

Oriented in such a way that it doesn't have a front door that faces clinton, street and.

D

I'm kind of at a loss to understand the provenance of this property. I originally.

D

Thought that the door that faces the right side yard might have been at one time facing burkett.

D

Street or what was birkett street at the time, but I don't believe that's the case, because the house.

D

Next door, according to the tax records, was built about the same time in the 1800s, but in any event,.

D

um That is a significant factor driving the relief that we're requesting the other thing.

D

I think it's interesting that you can see from the tax map is the property immediately to the.

D

Left is set far away from ms cook's property. The structures on it are set far away and that.

D

Property is actually oriented towards stark street and has front doors and garage entrances on stark.

D

Street, so what's what's kind of interesting about this: is that the the way miss cook's property or.

D

Miss cook's dwelling is configured, there's no front door, there's a side door that opens onto.

D

A raised deck the raised deck is very close to the lot line. The raised deck actually looks over into.

D

A uh you know a fairly, um you know uh handsome and attractive porch on the neighbor's property. I.

D

Don't want to be dramatic and say that the two are in conflict with one another, because I don't think.

D

Anybody moves into this neighborhood thinking, they're going to have all kinds of privacy, but.

D

What we're proposing will eliminate that sort of enrochment and potential conflict between my.

D

Client's deck and her neighbor's porch. The other thing that I think is interesting that you can see.

D

From the tax map is the properties or excuse me, the buildings on the properties here on clinton.

D

Street are somewhat offset from one another and that I think, is significant because one of the.

D

uh The relief that we're requesting is front yard, setback relief and one of the things we learned.

D

When miss cook discussed the plans with her neighbor to the right was that he was concerned.

D

That if she was going to build something, if it were pushed back, then it would be the the setback.

D

Between the two proper, the two buildings on each property would disappear and they would be more.

D

In line and that would affect their privacy and so they're concerned about that, we don't anticipate.

D

We don't propose doing that. We propose leaving the front of the the structure, essentially where it is.

D

Now, with some modifications, but so the um the proposal with that background is to remove the.

D

Existing dwelling entirely, it's extremely old, it's in very bad condition. We submitted a structural.

D

Report or a memorandum from a structural engineer outlining some of the difficulties you would have.

D

Rehabbing, this property miss cook, considered very carefully whether or not it was possible to rehab.

D

And re uh and renovate this property and decided it was cost prohibitive, because not only are there.

D

Structural issues, there are significant code compliance issues. The electrical wiring is all.

D

Substandard, as you can imagine, the layout is not up to modern standards. There is a very problematic.

D

Stairwell configuration to get to the second floor that would need to be re-jiggered to.

D

Make it a safe and useful building and it's just not suitable for modern living, so the proposal is.

D

To raise the existing structure and rebuild one that we think is a much nicer and more.

D

Attractive structure that will be a benefit to the community. What we're proposing is.

D

A structure that will be will, in my opinion, eliminate the most significant.

D

Non-Compliant factor on this site, and that is the right side, yard setback, which is currently.

D

um At two feet we will, after this uh proposal, if it goes forward and is built, we will move the side.

D

Yard setback to be substantially compliant all along the side of the new structure, so we'll have.

D

10 feet of setback, with the small exception of a slight bump out to accommodate a chimney structure.

D

So the relief we're requesting is 9.3 feet but, as you can see from the proposed site plan, where will.

D

Be substantially in compliance, otherwise, so for a few square feet we'll be invading the right side.

D

Yard setback, but that's only for the chimney, the rest of the structure will be compliant the front.

D

Yard setback as it exists is at 5.8. We propose to maintain substantially the same front yard or the.

D

Same um the same profile on the front yard, the exception or the change is that we're going to.

D

Cite a front door in the front of the house facing clinton street. Finally, and there will be a covered.

D

Porch that will have steps coming up to a landing and because the steps exceed 18 inches, at least.

D

Two of them exceed 18 inches that pushes pushes us to 4.2 feet: yard setback instead of the 15. That's.

D

Required, but, as is it's already non-compliant, the very slight increase in non-compliance, I think.

D

Is very is not very material. I point out in the memorandum I submitted that the effective front.

D

Yard is actually quite larger than that, because the edge of pavement is probably another 10 feet.

D

From the property line so right now the front yard is effectively unusable. um Ms cook and her.

D

Partner have put adirondack chairs out front so they can enjoy the view across clinton street of.

D

The north mill pond, but this will at least give a covered porch that will significantly improve the.

D

Streetscape, the left yard setback is existing. There's an existing garage, that's 1.2 feet off.

D

The side yard at its closest point, that is an existing condition that will not change and.

D

Again, the property most affected is the one that has the facing on stark street, which is oriented.

D

Well away from this particular structure, the structures on that property are are cited very.

D

Close to the front of the property as it is, so we don't believe, there's any conflict. There hasn't.

D

Been any conflict and the existing condition is just gonna stay, as is the other relief we need.

D

Is a lot area? It's a lot that is deficient in lot area, 49 117 square feet where 7 500 is required.

D

By the ordinance, a lot area for dwelling same 7 500 is required. We can't possibly meet those.

D

Requirements same with frontage, we're deficient in frontage. We can't possibly meet those requirements.

D

um So the um the other variants we need is, we are requesting a building coverage, variance to.

D

Go to 27.7 percent. I think it was advertised as 28, because the planning department rounds up so.

D

28, where 25 percent is the maximum and the uh 25 of our existing 49 117 square feet would be.

D

1230 square feet: what we're proposing is 1363 square feet, so we're 133 square feet over what.

D

Is the maximum required that, in my opinion, is a very de minimis request, especially for.

D

A lot that is this small and the investment that my client is going to have to make to to.

D

Bring this project to fruition, I think, justifies a slight increase in the required or the the.

D

Maximum allowed building coverage what you you can see from the plans. What we're proposing is.

D

Not in any way massive or out of scale with the neighborhood or the neighboring properties, it.

D

Won't tower over anything, it won't dominate any of the neighboring properties. 133 square feet won't.

D

Even be noticed by anybody in the neighborhood, in my opinion, so that's the background just to.

D

Get through the five criteria necessary to grant a variance. The first two are considered together.

D

This is that granting the variance will not be contrary to the spirit intent of the ordinance.

D

Nor will it be contrary to the public interest here under relevant case law. You have to consider.

D

Whether or not the proposal will alter the essential characteristics of the neighborhood.

D

Or threaten the health, safety and welfare of the public, hear what we're proposing fits very neatly.

D

Into the essentially residential characteristics of the neighborhood, the neighborhood will not be.

D

Changed at all by what we're proposing health safety and welfare of the neighborhood will.

D

Be enhanced what we're going to end up with is a brand new code compliant structure that is going.

D

To be safer and more enjoyable, not only for my client, but will now have a front door that faces.

D

The street, so it will enhance the streetscape, so those criteria, I believe, are met substantial.

D

Justice will be done by granting the variance here. You have to balance the loss to the applicant.

D

If you were to deny the variance and require strict conformance with the ordinance against.

D

Any gain to the general public here I don't see there being any gain. We already have a.

D

Very non-compliant property. What we're proposing, in my opinion, substantially corrects some of the.

D

Non-Compliances, especially the right yard setback, the [music] left yard setback is.

D

Existing the lot area is existing. The frontage is existing, there's nothing. We can do with those.

D

The lot area for dwelling is existing. The building coverage again is only 133 square.

D

Feet beyond what we are allowed by right and for a property, this small, I think, that's a.

D

Denying that is a hardship on the applicant that far outweighs any gain to the public.

D

For the reasons I've already discussed, values of surrounding properties will not be diminished by.

D

Granting the variance to the contrary, granting the variances will facilitate a brand new structure.

D

On this site, which will enhance, curb appeal and enhance property values in the neighborhood, so.

D

um Properties, ceramic properties will not be diminished by granting the variances.

D

That we've requested then finally unnecessary hardship. There are special conditions with.

D

This property, which prevent its proper enjoyment under the strict terms of the zoning ordinance.

D

And thus constitute an unnecessary hardship. The um as I stated, the frontage and lot area.

D

Are deficient, there's nothing! We can do about those so variants from those requirements. I.

D

Think is a hardship by definition, the setback requests that we have before you. One is an.

D

Existing setback that isn't changing and hasn't created any negative effects anywhere that we're.

D

Aware of in the time since the garage has been there front yard setback is a is the result of.

D

Adding to what we believe, an enhancement to the streetscape by putting a front door on the front.

D

Of the house that faces clinton street where none exists now and facilitating some steps to get into.

D

The covered porch that we're proposing and the right yard setback will be substantially compliant.

D

Except for the necessary expedient of having a bump out for a very small brick chimney, which.

D

Is a useful matter or a useful pertinence to a residential property, and it's substantially.

D

Less non-conforming than the right yard setback currently as uh the use is a reasonable one. It's a.

D

Residential use in a residential zone and there's no fair and substantial relationship between the.

D

Purpose of the ordinance requirements and their application of this particular property setback.

D

Requirements are there to assure sufficient access to properties, light air privacy and physical.

D

Separation between the properties, none of those purposes, are frustrated by what we've proposed the.

D

Front yard and left side yard setbacks will not encroach significantly more than they do now. The.

D

Right side, yard setback will be substantially improved and the additional building coverage.

D

That we're proposing is only 133 square feet more than we'd be entitled to by right for a.

D

Lot, that is less than two-thirds of what is now required. That's not an unreasonable request, so.

D

I don't think there's fair and substantial relationship between the purpose of these.

D

Dimensional requirements under the ordinance and their application to this property so for all of.

D

Those reasons I would request that you approve the variances as we've requested them before I.

D

um Stop the presentation I would just like ms cook.

D

To address you very briefly about her intentions with the property hi.

E

Adoring it it's what I do. I moved up to portsmouth's fourth old houses. I restore.

E

Old houses for a living, and but after learning more about the structural issues. What needs to.

E

Be done for the foundation floor, joists, electric plumbing, almost every element in the house needed.

E

To be touched, but would still remain with some issued old house issues like really unsafe, stairs.

E

Access points, no front door, really, no curb appeal. We can't see the um the beautiful view across the.

E

Pond, which would be a similar ask, even if we had restored asking for steps to add a front.

E

Door- and it probably would have been more because it would have been expanding out the front of the.

E

Structure to add a front door. So after talking to the architect several times and him saying every.

E

Time you should really rebuild because you're going to basically build a new house taking piece.

E

By piece and replacing it um I I switched over, but the house- I know you can't see it from here, but it.

E

Looks like oh, you have it, um but it's it's the old house that I would want this one to kind of become.

E

um Really cute little victorian cottage feel so it'll fit in with the neighborhood.

E

um It does hurt my heart to pull down an old house. I don't it's not my first intention ever.

E

I like saving them and having other people kind of see the beauty in them, but this one was just.

E

The amount of work required and the risk of lifting a house when there's joists that are.

E

Hanging off the sill plate and things like that, um it just made more sense for lots of reasons to.

E

Rebuild just knock down and rebuild so okay. Thank you. Are there any questions for the petitioners.

F

Yes, so mike, when did you buy the house in january of 20.

G

20 2, 22, okay, and at the time you bought it, it passed the home inspection.

E

I did a non-contingent sale on the home inspection, so I did know of issues with the electric and the.

E

Plumbing I knew there was boeing in the front of the house due to an issue with the joists.

E

I didn't know the extent of the issues with the joist until after I had purchased the house and.

E

Had a structural engineer come in to see how what would be needed to rectify the boeing a.

E

Lot of issue with the boeing in the house, the joists are floating three of the joys running.

E

Across the house, so the house is separating in the front and the structural engineer said that.

E

That's also likely happening on the second floor and he said basically with all little towels when.

E

You open it up, you're, going to find more and more issues, but likely um a lot of these issues. I knew.

E

Existed and I was prepared to try to remedy them through a renovation, but just as more inspections.

E

Were done more detailed inspections than the home inspection? You know getting specific, a structural.

E

Engineering to look at because they're obviously going to get a more detailed assessment of the.

E

Structure than the regular home inspector would it just became clear that the amount of work needed.

E

Was essentially building a new house but doing it in place because of all the different things.

E

That needed to be touched in the house. Okay, thank you. Any other questions, mr mail yeah.

C

Your engineer in his submission of the letter, not only are you going to want to demo the.

C

House but you're gonna take up the entire foundation as well foundation, either way.

E

Needs to be completely replaced, that's why there was a renovation or a new build yeah I mean so.

C

In effect, uh if you're going to renovate the house, you would have to lift the house in order.

C

To replace the foundation and then you have the issue with the floor: joists that are floating so.

E

It's kind of like a domino effect, the risk of doing that because I have an old house.

C

Okay, thank you any other questions. Okay, thank you. Thank you.

B

Thank you. Is there anyone in the public who would like to speak in favor of this petition.

B

Is there anyone in the public who would like to speak against this petition.

B

Is there anyone in the public who would like this foreign.

H

Four, I'm not against okay, that's a category, it is a kind of in between, and I it's no disrespect.

H

To miss cook um for buying a 1880 building in portsmouth portsmouth has its character. My house.

H

Was actually built in 1894, so you've got 15 years on my house and I had substantial issues with mine.

H

I had the original plumbing that was in my house that was actually lead traps. I.

H

Actually had copper water lines that were running in and I had a clawfoot.

H

Tub there was no shower that was in there the electrical consisted of knob and tube.

H

And I had to go and replace that as well. I didn't know the previous owner, but I know there had been.

H

Upkeep as far as some things, the one really troubling thing that I have is knocking down.

H

A home where, having it happen more and more and to me, I believe it has an adverse effect.

H

Because what will end up happening is miss cook paid about a half, a million dollars.

H

For this property, so essentially the building has value. The land has value that building comes down.

H

Now the land actually goes up and then miss cook is going to have to go and put in a new home and.

H

Build up in structure and the assessment value is going to go up and it'll, probably.

H

Well exceed well over a million dollars, so if the land is, let's just say for the sake of.

H

Argument three or four hundred thousand dollars you've got to go and justify that so you've got.

H

To go and put a structure, that's actually on the building of four or five hundred thousand dollars.

H

To justify it's over a million dollars that has an adverse effect on the rest of the neighborhood.

H

And again I know: miss cookie is new uh to the neighborhood and to portsmouth itself, but this.

H

Is happening and what ends up happening with this adverse effect is it raises the assessment values.

H

Of every other property around, and that is how we're losing residents in portsmouth, that is.

H

How we have lost the character because people are character, not just the buildings themselves. It's.

H

A cute house I mean it really is, but it will had an adverse effect on every single house in.

H

That neighborhood and in that property- and it's happening more and more- um I just don't see the.

H

The demo itself- I I implore you to be able to come up with a way I'm a building contractor. I.

H

Will give you free advice as to how to actually go and do some of that as far as with a front, if.

H

You need a front door. This board would take into consideration as far as not having that front door.

H

And allowing you to maybe go a little bit closer to the street, that's what a variance is for there.

H

Are three variances that are being asked here tonight? There has not been one realistic hardship.

H

Under any circumstances on this project, none- and you cannot do a self adhered where it's not code.

H

Compliant, how many 1880 houses in portsmouth do we have that are non-compliant and families are.

H

Living them, as I said before, my house is 15 years older than miss cook's house. I raised two children.

H

I have a daughter, that's going to nursing school right now, she's, going into her final year. We moved.

H

In the house, when she was barely two years old, my son was born and raised in that house brought.

H

It up to code as best we could still have those those areas that are there with stairs and stuff.

H

Like that, but we went and made it work. I wish we would start to go and make them work in portsmouth.

H

Without even considering the fact of taking them down, thank you very much. Thank you. Thank you.

B

Is there anyone else to speak for or against this petition.

B

Okay, seeing nobody rise I'll close the publicly.

B

Sports, what would you like to do.

G

It's a lot harder when we're all together. It's very. This is very uncomfortable situation.

I

We're kind of surrounded I like being above the thread yeah. I know.

B

Not, although it never really feels that way,.

B

Anybody started discussion.

C

Okay, I'll start. Okay, please do um oh having lived in an old house.

C

um I know what the challenges are.

C

I don't know the inside of your house so I'll take your word for it. um The.

C

The requests aren't that big per se, but when you're talking about tearing.

C

Down a house, it always put a whole new dimension on it.

C

The the foundation concerns me.

C

um The other things that attorney mulligan outlined as far as the street frontage, the.

C

Front yard: the right yard. You know the building coverage not so much.

C

I think you knew when you bought this house, you were buying into something that was going.

C

To be difficult, um especially for the size of the lot and right now, I'm betwixted in between.

C

C

I kind of wish you used a different picture of what was coming in, because [music] not a big.

C

Fan of the gingerbread, but it's just a picture. I get that, but that's where I'm at right now.

J

I'll share some of my thoughts as well as we're mulling this over.

J

um And regardless of what the actual variances are for, it seems like it all stems from this.

J

Extremely small non-conforming lot so something to consider uh you know the lot is under 5.

J

000 square feet, which is 2500 less than the minimum required for this zone, and even that 7 500.

J

Is one of the smaller minimum lots in portsmouth the whole city? So that's definitely a factor.

J

um uh Something else I I guess I struggle with is one of our variance criteria is.

J

That uh the variants would not diminish the value of the surrounding properties.

J

um I too share concerns being born and raised in portsmouth of gentrification and whatnot.

J

um But uh this board isn't necessarily here to address that, even though it is certainly something.

J

To consider- and I guess that could fall under the category of harming the public potentially.

J

um But in terms of the actual structure, uh you know it's a reasonable use. um It uh independent.

J

Of our architectural aesthetic tastes, uh it isn't as a single family dwelling, it doesn't.

J

Essentially, alter the um or else alter the essential character of the the neighborhood.

J

um I would love to see uh an old house restored, uh something I did on my own property, but.

J

um I wouldn't necessarily impose that on someone else um if it were in the historic.

J

District commission, I think there'd be no question that this wouldn't wouldn't be allowed.

J

um You know the we don't set, this dark district commission or I saw our district uh overlay.

J

um I think a lot of the correct is quite historic as evident by the 1880 home, so that is.

J

Something to consider for sure um so it's yeah it's a difficult uh decision.

G

I think I also think it's a very difficult decision. I think that in.

G

Terms of the zoning relief- it's um it's modest, it is de minimis.

G

um I think in some ways it does bring not in some ways it clearly brings the.

G

House into more the proposed new house into more conformity with the zoning ordinance.

G

um But you know one of the purposes and intents of our zoning words. This is the preservation of.

G

Historic districts and buildings and structures of historic or architectural interests, and um so.

G

When I think about spirit intent to the ordinance, I take that into consideration in terms of whether.

G

Or not, to raise an 1880 structure. I do you know respectfully and not to put you on the spot. Miss.

G

Cook, actually I thought you were going to be our new city counselor coming before us actually, but.

G

um I you know the the issues with the house were well known when you did purchase it.

G

um So that sort of weighs against it, but um I'm still undecided frankly.

B

The pressure you say something yeah.

B

I have some thoughts: okay, the if we think of the status of the property right now.

K

Today, as the before picture and what miss cook is proposing has the after picture uh my sense having.

K

Driven by the property to look at it today um is that it will be improved from the point of view of.

K

The streetscape, what people, what people on the street see will be better.

K

There is a cost to get from the before picture to the after picture.

K

Think of that, as investment, the end effect will be that the price of the house will be.

K

Higher, I suspect that the applicant knows that, because that's where she bought it.

K

To do that, to upgrade it increase its value and reap the benefit of that.

K

And I don't think, there's anything wrong with that um and I wouldn't be inclined.

K

To refuse an application on that one issue.

K

K

Then there's program, your bankstad's point.

K

Which is every time we tear down the house, we're losing some more of portsmouth.

K

We're losing some more of what made the city what it is and pleasant to live in and.

K

So that goes in opposition to renovating this property.

K

um If I had, if I had to weigh it, the only way I could rationally do, that is by judging my own.

K

Self-Interest, that's better for me.

K

And I think everybody who thinks about this is thinking what's better for us, the city.

K

K

So I think the value of.

K

Previous, preserving a very um tenuous and very expensive old house just because it's old.

K

um Doesn't make sense from almost anybody's point of view except the owner.

K

um So my thought is.

K

That this is a question of what we want our city to be.

K

Do we want it to be an old colonial look-alike city, or do we want it to be in the present day.

K

With present day amenities and present day value structure,.

K

And so I thought about the role of this board is to try to understand.

K

Which is the more favorable outcome for everybody in whole?.

K

The owners, the about us.

K

The residents whose who's going to gain and who's going to lose it if anybody is.

K

And we should try to find the balance to strike and strike it.

K

I myself live in a house which is rumored to be some built in 1780 and.

K

It kind of looks like that and the florist creek like that.

K

um And so I asked myself from time to time.

K

Why is it so much better to be living in this house than something where everything works and.

K

We don't have, we don't have to rebuild, replace.

K

um On a routine basis- and I would say that's a judgment for every individual- not for me.

K

No, I know how to decide it for me. I just don't know how to decide it for the rest of the city.

B

um Is anyone included to make a motion.

K

I will put this application as written and advertised.

B

Is there a second, oh I'll? Second, okay, thank you. Thank you. Would you like to. I probably have told.

B

This, while you feel that way, do you have anything to add um being an owner of an old house. I have.

K

Some sympathy and good luck with your your plans to uh renovate. There are a lot of things that are.

K

Going to surprise you and be in the way and be no fun and shy, I hope this meeting isn't one of them.

B

Do you have the list I do? um This is the new list.

C

K

S would not be contrary to the public interest.

K

um I talked a little bit about public interest in the beginning and I don't.

K

Know how to define it or how to optimize it so that there are no losers. Only winners.

K

K

So I see nothing contrary to the public interest in this application, because I don't see anything.

K

The second criterion is granting the variants would observe the spirit of the ordinance.

K

And I think the spirit of the ordinance is to in in a general sense, is to keep portsmouth nice.

K

To make it a place where people are happy living can raise, families find work, uh live their lives.

K

And that's the spirit of the ordinance and how does this.

K

Application interact with the spirit of the ordinance it it doesn't defeat. It.

K

And so I think it you can say it's uh it either.

K

Supports her or is neutral to the spirit of the ordinance.

K

Granting the variants would do substantial justice.

K

You have to first understand what justice is before you can decide if you've reached it.

K

um And I think in this instance.

K

The property owner and the neighborhood residents.

K

uh Constitute that body that needs to receive substantial justice, I think this proposal.

K

Does that it provides people with all the things that people come to portsmouth for.

K

And therefore,.

K

Helps everyone and hurts no one, that that's substantial justice in my mind,.

K

Four, granting the variants would not diminish the values of surrounding properties.

K

um I think we had a discussion around the room of that topic uh and if.

K

Anything, the surrounding properties, values is going to go up, not down.

K

Until the tax assessment is refreshed, that will be a disadvantage to the property owner.

K

And then, when there's a new assessment that will change, how will it change? I don't know.

K

But it will change.

K

So I think it's true.

K

I think it's true to say that this proposal will not diminish surrounding property values.

K

Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship.

K

K

I don't I don't know whether that is a sustainable argument or not.

K

um Unnecessary hardship.

K

Upon whom the property owner the the neighbors, the residents of the city.

K

Who's going to experience a hardship.

K

um And I would have to say none of those the owner of the property may experience some hardship.

K

Some difficulty and we'll call it hardship, call it difficulty, but that's self-imposed. He chose this.

K

And so we can, I don't think we can call it a hardship.

K

And therefore, I would say there is no unnecessary or necessary, there's just no hardship.

B

To add um yeah, uh I guess in regards to the the first two criteria. um Those are generally.

J

Taken together um and for uh the public interest that would be in regard to the health, safety or.

J

Welfare and I don't think that um granting these variances would be contrary to that.

J

uh For the um spirit of the ordinance uh uh that would relate to the essential character.

J

Of the neighborhood, which I also think that this uh these variances, which are.

J

All related to the uh land use or the land, uh the lot size coverage and uh setbacks.

J

um Essentially, the same as the existing foot trends and for substantial justice being granted.

J

um The the balancing act that we have to weigh is the benefit to the applicant.

J

um Which uh the bennett due to the structural issues and uh and whatnot the benefit to the.

J

Applicant isn't outweighed by harm to the public, because the only uh potential harm is uh sadly.

J

The loss of historic structure, but how much that truly is harmful to the public versus.

J

The issues associated with this, um the structural uh issues of the of the existing dwelling.

J

um And for uh for the property values, it's just being a new code compliant home.

J

And for other reasons discussed, I think it's safe to say that this granting these variances.

J

Would not diminish the values of surrounding properties and for the enforcement of the.

J

The literal enforcement of the provisions of the ordinance resulting in an unnecessary hardship.

J

um This is a very small non-conforming lot and uh the proposal will actually.

J

Improve the uh the side, yard setbacks or the one side airs at back um and very.

J

Minimal changes to the the front yard and lot coverage um and just the existing drawing.

J

uh Essentially, even though it's a clinton street address, there's uh no uh entry way or.

J

um And the with the based on the listening plan, uh it seems that it would be difficult to uh or.

J

The existing structure would be difficult to have that become the front of the house.

J

um And uh this is a uh we have to make sure this is a reasonable use, uh which it is because it's.

J

Still a single family dwelling um and uh the the purpose of the setbacks are still.

J

Met even though, where we would be granting uh relief for them due to the very small lot size.

J

Thank you. Is there further discussion? Okay, I'm going to say that I will probably support the.

B

Motion to approve really the requests are so small and many of these foreign of the things that don't.

B

Meet the new zoning ordinance are already in place. It's the new zoning ordinance on an old property.

B

I was on the htc for, like eight or ten years, the historic district commission. I don't take down.

B

Old buildings very easily, but I think this neighborhood is a very mixed neighborhood.

B

I think, while the building is old, I'm not sure it's a historic structure.

B

The building is also very mixed: it's not pristine. There are houses of quite a few.

B

Errors error errors in this neighborhood and I think that the new structure will fit in so.

B

I will probably I will be voting in favor. Is there further discussion? Yes, so I I'm still the.

G

Twist in between, I think, it's hard. I think I will likely support it, because the dimensional variance.

G

Relief is is small, um but I will say that we are seeing more applications like this and um the htc.

G

Certainly has purview over the architectural building, the architecture of the buildings, but.

G

You know our zoning ordinance does say that one of the spirit, intents of the ordinance, is to protect.

G

um Historic structures- and um you know, if we're starting to see a lot of these, I'm not saying I'm.

G

Going to pre-judge every application, but um yeah, it's definitely a concern for me as a board member.

B

If it will uphold the property values in the neighborhood, it doesn't ask us.

B

To consider if it will raise them, um and in any case if this has were refurbished instead.

B

Of rebuilt, it would still raise the property values and, if you'd done nothing to it, they.

B

Would probably still go up again next year, because that is the climate of the city. So.

B

I don't see that as a reason to vote against this. If we have considered this as much as.

B

We possibly can I'm going to call for a vote. A yes vote gives permission, mr metal. Yes, mr.

B

Mcdonald, yes, ms margison, no, mr matson, yes and I'm going to vote yes, so you're approved. Thank you.

B

All right, the next item of business is we're going to the hilton the request of comax llc. This is item c.

B

For property located at 411, the hill number 6-14 for 11 deer street, whereas relief is needed to.

B

Convert building into a single-family dwelling, which requires the following one: the variance.

B

From section 10.642 to allow residential use on the ground floor in the downtown overlay.

B

District, where it is not permitted to a variance from section 10.5 a41.10a to allow a house in.

B

The downtown overlay district, where it is not permitted, said property, is located on assessor.

B

Map 118 lot 26-1 and lies within the character district 4-l1 in the downtown overlay district.

B

Is there anyone to speak to this petition? The applicant is on zoom.

F

Okay, mr delisle, if you unmute yourself, you'll, be able to give your presentation.

F

Yes, can you hear me, thank you very much.

I

It's all yours go ahead. Okay! Thank you. My name is paul. Delisle, I'm the owner of the ward wooden house on the.

L

Hill, it's enforcement and currently the award-winning house is being used as.

L

As office space it most recently was a mortgage company and uh stupid.

L

Basically, what I'd like to do is go for a variance to allow for residential use. On the first floor.

L

This building is historically significant, building michael whidden, who actually built the house in.

L

1730 was one of the I guess, premier carpenters, of his time. He actually used this house as his.

L

Kind of a showcase to show how he built the palladium windows. So if you notice a lot of.

L

The palladian windows throughout portsmouth- uh he was one that several of them and he.

L

Used this as an actual house to come in and not show people how he built these windows so.

L

He built this particular one inside very nicely, and I enclosed the picture in my presentation.

L

What I'd like to do is, apparently it's the property is vacant and it's zoned for commercial.

L

Use with residential usage only on the second floor, according to the ordinance requirements.

L

To add residential use to the property, such as a second floor apartment, would require a sprinkler.

L

System fire alarm system and several other changes to the building to bring it up to fire code.

L

And this would create a hardship, as the sprinkler system likely will ruin the the historical.

L

Integrity of the building, and essentially what we have to do, is we'd have to, but the orange pvc.

L

Pipes throughout the building outside of it and the way it typically works with code, is these.

L

Sprinklers sprinkler pipes have to really be done externally, because the building is is an existing.

L

Building and you would have orange pipes going throughout the building, not only that you would.

L

Have the actual pipes have to be within six inches of the ceiling, so you would be cutting into a lot.

L

Of the nice trim, the dental crown work and that type of stuff, so um so what we'd like to do is.

L

Propose having a variance to allow for residential use on the first floor that way, it would give me.

L

The ability to convert it to a single family home as it was originally intended to be.

L

And otherwise, if we could just put in an apartment there, which is which is an approved use, we would.

L

Have to you know, meet all these fire codes, so I can close some pictures, I'm not sure I've driven.

L

By I'm sure, all of you have seen the building and uh hold on a second here and uh got some technical.

L

Difficulties but anyway I will go over the. uh I guess the variance criteria quickly, as I outlined.

L

In my presentation, so the first one, the variance will not be contrary to the public interest.

L

Residential use on the first floor of this building will not be contrary to the public.

L

Interest as all of the buildings directly across the street have residential use on the first.

L

Floor and actually most all of the buildings across the street from this are all residential.

L

The spirit of the ordinance will be observed. Residential use on the first floor observes the.

L

Ordinance as building as the building directly at bots other residential buildings and can.

L

Could be seen as an extension of the usage, a residential usage on the other side of the street.

L

Substantial justice will be done. Residential usage on the first floor will help with the shortage of.

L

Housing in the area versus the blood of office space, which is not in demand, I've owned a couple.

L

Of the buildings on the hill now for over 20 years, and I can say that it is quite difficult to get.

L

You know to get people to rent to stay, to even pay a decent amount of rent there for, for their.

L

Office space on the first floor or any floor there in that specific area, but uh so residential use on.

L

The first code allow for single family dwelling, which would therefore not trigger the requirement.

L

For the sprinkler systems, and thus you know, maintain the character of this 300 year old house.

L

The values of surrounding properties will not be diminished residential usage in portsmouth.

L

Has significantly more value than office space based on demand, so if anything, it would.

L

It would again improve improve the values within the area.

L

Last literal enforcement of provisions of the ordinance would result in an unnecessary hardship.

L

Enforcement would result in a hardship because without the variance, the ordinance only allows for.

L

An apartment upstairs which triggers the building codes for change of use with the fire department.

L

And what you'd have is a mixed-use building which will require installation of a sprinkler system.

L

Fire rated doors, which essentially, would have to take out the existing doors to trim around the.

L

Doors inside we would have to have firewalls between the first floor and the second floor.

L

Which, again, would we would have to eliminate a lot of the crown molding within the building?.

L

And on top of that, we would also have to dig in the street to get a new water line brought into.

L

The building for the for the sprinkler system, so we'd have to dig up the sidewalk, which is.

L

A brick sidewalk and then of course, we'd, have to dig up the street to uh tie into the water.

L

It's basically what I have it's kind of a short and sweet presentation, and I don't know if you.

L

Have any questions or hold on I'm gonna find out, mr mantle? um Is it delisle yes, yeah? Okay,.

C

Currently, is there a second floor apartment? No, thank you, and there never has been a second.

C

Floor apartment, correct, correct: the house is still basically in the same single family mode when it.

C

Was moved there what 40 years ago in the 70s yeah? Okay? Thank you you're! Welcome! It's miss emergency.

M

So, mr delisle uh deli and delil sorry, um the this is an unusual application in a lot of ways, but the.

M

um Is it it's true that when you go to restore this to a single family home that this features.

G

That you're trying to save could themselves be disturbed. So if it were the sense of the board and.

G

I don't know how anybody we we haven't discussed this yet. Would you accept a stipulation that the.

G

Reasons for which you are asking the variants, um the interior features of the building be preserved.

L

Yes, um I don't have a problem with that, because I would preserve them. I've owned in preserved.

L

Several homes in the south end over the last 25 or 30 years and that's very important feature of the.

L

Property- and I certainly wouldn't change it- you know there are- there- are going to be some issues.

L

That I would have to make changes to, but because some some they're actually retrofitted some you.

L

Know they've added some walls on the second floor that are not that old. You know what I mean there.

L

Are some things in there that are not historically significant? That would probably be changed.

L

However, the majority of all the beautiful stuff would remain the same and a matter of fact. The.

L

Outside of the building, of course, would pretty much stay the same also, so you would be willing to.

G

Accept a stipulation as to keeping those features which form the basis of this variance request.

L

Yes, I would I mean, but I guess there are some areas I don't know how we would kind of go through.

L

This, but there are a couple things that would probably have to change they're, not necessarily.

L

Historically, significant, though you know what I mean and those those are things that may have been.

L

Added, maybe you know 50 years ago or something like that you know to the upstairs, but the.

L

Majority of the building is in pristine condition. Okay! Thank you. Sorry. I just can't believe it. Yes.

J

I I guess it's also a question, but it's also a comment to the fellow board. Members is and.

J

We could uh work on the the wording uh if we were to get to that point, but something about.

J

The period details is what's important, not some wall that was built in the 90s yeah, absolutely.

L

Downstairs: yeah, okay. I have no problem with that. Okay, that's from my intention so force this.

G

But it's a stipulation, but when they go to do a building permit yeah, they need to.

G

Be in compliance? Yes, when he needs yeah. um Are there any further questions? If not I'll open it.

B

To the public, okay: is there anyone who would like to speak in favor of this petition.

N

Doesn't make it easy good evening everyone paige trace and I'm here as.

N

In a more professional capacity as the president of the nscd nh, we own the moffatt lighthouse a.

N

National historic landmark- and we are a butters to the property on the hill.

N

Well, I don't know and as we all say, we can't know for sure I take mr colfax at his work or.

N

Colfax mr delisle, at his word, thank you um that he will indeed preserve the original fabric of.

N

The house that is integral to its period of being built by mr whidden. um It is true that.

N

Mr whidden was one of the cabinet makers. I think we had mr wooden and we had mr deering.

N

um So the house, when it was moved to the hill in the 70s, presented a very um wonderful deed of.

N

Saving an important part of the city and whether any of us will ever get to go in that house.

N

um In my capacity as president falls upon me to take you, sir, at your word, and that you will.

N

Bring the house back into a single structure, I do believe, um as mr delisle says, most other.

N

Structures near it are other single family or have residents on the on the first floor, all of.

N

These homes that were moved to the hill were moved there because forward thinking. People during urban.

N

Renewal, so it's absolutely wonderful to hear that you, sir, are trying to take control of this house.

N

And bring it back into a single family structure, I'm not going to try and speak to the five.

N

um I could um variants will not be contrary to the public interest, because there are.

N

Other houses that have already set precedent up there and it's an interior situation and not an.

N

Exterior situation, uh spirit of the ordinance is observed um because you are adhering to a.

N

Special situation and you are going to adhere to protecting some very invaluable woodwork.

N

um Substantial justice is done because it allows you to do that if this, if this variance is granted.

N

To you, um I can only assume, when you say single family, that, as is stated- and I would think maybe.

N

A stipulation by this board would be lovely if you were not allowed to make it into two condos.

N

One upstairs and one downstairs that it is a single family home in the truest sense of the word.

N

um Later on, that would obviously fall under little literal enforcement of the provisions.

N

Of the ordinance, and that would definitely probably cause mr delisle unnecessary hardship.

N

Because and it would cause the house and the city unnecessary hardship, because we would likely lose.

N

um Woodwork done that we know was done by mr whidden.

N

And we lose so much in this city. We lost a house this evening earlier.

N

um I would hate to think that we would lose any one small part of mr wooden's work.

N

um And I believe that you would not cause a hardship on any of the other residents around you.

N

The fact that you would do this would not subtract from the value of their properties or hours.

N

um We like to be good neighbors and we certainly applaud historic preservation.

N

So, for those reasons I am speaking for your application, sir, this evening, thank you very much.

N

um And good luck, if you get it! Thank you. Can I make a comments? Sorry, but if we have.

B

A question maybe you'll get a chance later. Okay, he could contact me at the market. Okay,.

B

Is there anyone there's? No one else to speak, speak to this in favor of this petition.

B

Is there anyone to speak against this petition.

B

Is there anyone to speak to for or against this petition? If not, the public hearing is closed.

B

Yes, so I I um this was another one that I struggled with um uh the having.

G

A business on the first floor is very intentional and very explicit in our voting. Zoning ordinance.

G

um Is a downtown overlay district? Is it cd4l1? We denied a variance for this for uh residential? I.

G

Know yeah, and so I do try to be consistent. um uh However, I am going to support this application.

G

Because I think that this this property does have special conditions. It is across the street from.

G

Another set of properties that are residential that are zoned exactly the same way. um The.

G

Hill itself, I think, probably presents a special condition in terms of its zoning and that it was.

G

Created in the 1970s buildings removed there with the express purpose of preserving those buildings.

G

um And so I think that you know that that constitutes a special condition for this property.

G

um I would put stipulations on it, however, um so I I you know.

B

Okay, so the five criteria are as follows: section 10.233.21 granting the variance.

G

Would not be contrary to the public interest and 10.233.22 granting the variance would.

G

Observe the spirit of the ordinance and our finding is yes on both of those and that.

G

um In finding whether or not something uh violates the spirit, intent of the ordinance.

G

We look at whether or not health, safety or welfare is implicated or whether or not it'll change the.

G

Essential characteristics of the neighborhood I find in this instance that health safety and.

G

Welfare we find in this instance, health, safety and welfare, is not affected. The essential character of.

G

The neighborhood is not affected due to the existence of the buildings across the street.

G

That are totally residential and that are um uh it was zoned in the same way as this property.

G

Granting the variance would do substantial justice. I actually see that the there's a benefit to both.

G

The applicant and to the and to the public, I think the benefit to the public is to um uh it is that.

G

A historic building in a historic area will be preserved, and that is in. That is actually one.

G

Of the spirit and intent of our audience, but I think that there is substantial justice and.

G

That actually is benefit to both the applicant and the um and the public, granting the variance would.

G

Not diminish the values of surrounding properties 10.233.24 are finding on this is yes, and that the.

G

um The surrounding properties, we do not receive evidence on this uh evaluation, how this would.

G

Affect the surrounding properties, however, it is, I believe, safe to assume that the restoration.

G

Of this house is, a single family home would not affect, would not diminish the values of.

G

Surrounding properties and, lastly, 10 0.233.25 little enforcement, literal enforcement of the.

G

Provisions of the ordinance would result in an unnecessary hardship.

G

And we have to find a that. The property is special conditions that distinguish it.

G

From other properties, in the area and b owing to those special conditions, a fair and substantial.

G

Relationship does not exist between the general public purposes of the ordinance provision and.

G

The specific application of that provision to the property and the proposed use is a reasonable one.

G

I believe the finding on that is yes, in that the property does have special conditions. It.

G

Is part of an historic area? The hill which was created in the 1970s, with the express purpose of.

G

um Of preserving those buildings and that, owing to that special condition of fair and.

G

Substantial relationship does not exist between having residential or business use on the ground.

G

Floor and the proposed use is a reasonable one. Residential use is allowed on this in this area.

G

At least on the second floor, so I find that we, this application, has met that criteria. I don't.

G

No no, but I'm on top of that. I just realized that personally no, but you were so far into.

C

It would you like to add your stipulation. Yes, let me get a second second. Thank you, mr.

B

Wolf, sorry, it's my! The first stipulation is that it is restored as a single family, home.

G

uh The second stipulation is that the historical features described on pages three to six of.

G

The application and is contained in figures, one through five, um uh be required from the applicant.

G

um To a certain extent, those stipulations are not necessary, as the can the representations.

G

Of the applicant um are can are considered conditions upon which we would grant the variance.

G

But nonetheless I'll reiterate it, I think that's worthwhile. Mr manor, would you like to add anything.

C

Yeah, um thank you for making that motion. Smart justin.

G

I'm not waiting for the second. Sorry, that's okay, a little bit less than less formal in this room.

C

um I agree with your criteria: um granting the variance would observe the spirit of.

C

The ordinance now looking at this um that and the hardship you know the variance requested.

C

Is to allow residential use on the ground floor of the downtown overlay district, where.

C

Not as permitted um and it's someplace else, it says where a house is not permitted well,.

C

These houses, all these houses on the hill, were moved there from other places, not necessarily in.

C

The downtown before there was a downtown overlay district, so they basically created a rule after.

C

These houses were in place and preserved to make them non-conforming. That in itself is a hardship.

C

In my mind, um the fact that there is a stipulation in that with no residential in the first floor.

C

And residential above, in order for him to come by with that, it would destroy the historic nature.

C

Of the interior of the house, I don't think anybody in the room wants that to happen. So.

C

When I was reading through this.

C

Who's, basically going to be a no because of the nature of the downtown overlay.

C

District, the spirit of the audience is, is to prevent commercial storefronts from becoming.

C

Residences, that is the spirit of the ordinance it's not to take a historic home which happens.

C

To be in the overlay district and cut it up into condos apartments or mixed use,.

C

Especially if we have somebody who wants to keep it a historic home and not you.

C

Know destroy the interior of the house. For all those reasons, I will support the motion.

B

Is there any discussion.

B

um I'm also going to support the motion. I think the hardship is in how special this building is.

B

And how it was brought there to be preserved and the way to do that is to keep it as its original.

B

Tend to be a residence, and so I'm going to support it. If there's nothing else, I will ask for a vote a.

B

Yes, vote allows it to be residents, mr mantle, yes, mr mcdonald, yes- and I will say yes because this.

K

Property is nothing but special circumstances. It's all special circumstances, no matter where.

K

You turn it's uh marcheson. Yes, mr matson, yes and I vote yes so approved great. Thank you very much.

B

First, item of business is h: the request of mark and franklin and julie s, franklin owners for.

B

Property located at 168 lincoln avenue, whereas relief is needed for demolition of the existing.

B

Detached garage and porch and construction of a new attached garage and wraparound porch.

B

Which requires the following one for answers from section 10.521 to allow a a 7.5 front yard, where.

B

15 is required b, a nine foot secondary front yard, where 15 feet is required, see 38 building coverage.

B

Where 25 percent is the maximum allowed, a variance from section 10.321 to allow a non-conforming.

B

Building or structure to be extended, reconstructed or enlarged without conforming to the requirements.

B

Of the ordinance said, property is located on assessor map, one one three lot six and lies.

B

Within the general residence, a district is there anyone to speak to this petition.

O

Yeah to have it here.

I

It was like open for the last half hour. No, no you're, not sorry. Excuse me.

O

I love technology when it works.

P

Let me just find my notes here.

P

If any bearings, what we were looking at before, that's what I was trying, I'm mark franklin.

P

um I'm usually more organized.

O

P

Yeah, can you introduce from that? You might want me to to turn to yeah. There may be, if you can. I.

P

Think the 12th slide the very last one. Thank you awesome, the very last one you said yeah this one.

P

uh That one right there, the five criteria, so um I am sorry, can you both introduce yourselves? Please.

B

Or whoever my name is, I am the designer on this project. Okay, thank you and I'm mark franklin. The.

P

Owner um so um uh my wife and I um uh propose an addition onto our home at 168, lincoln avenue to.

P

Make it uh more livable for our family, we have two middle school children. We are both physicians work.

P

Both from home and at the hospital and the nature of work has changed quite a bit in the last three.

P

Years and how we do work and also school as well, and making the house uh more livable for.

P

21St century uh family we, our family, our families are not local. So when we have people visit, we.

P

Need more space to be able to spend time with them, um as well as um in our house, we have in the past.

P

Had uh which it's been, a wonderful experience for us is to be able to have space for guests as.

P

We've had rwandan medical residents live with us for up to eight weeks and uh they they come with.

P

Me into the intensive care unit and uh learn all that medicine and uh bring back their skills.

P

Back home and it's been uh absolutely wonderful experience, so that's the that's. The sort of the.

P

Overall, propose of what we're doing um so, the um proposal, if I can go to the five criteria.

P

um There we go. uh Thank you, um so this variants will be out in the country. Will.

P

Not be contrary to the public interest, it's taking a home, that's approximately from 1900.

P

um To more 21st century uh standards for a family, it doesn't change the character of.

P

The neighborhood, uh the style of the house is, um uh will will be preserved in our proposal.

P

um uh The spirit of the audience ordinance will be observed um uh that our addition will look.

P

uh Sort of a improve how the house looks and the property um benefiting everybody.

P

um As for substantial dust justice, the house, uh as I sort of mentioned, is a bit not set up.

P

Well, for raising a family and working at home in the 21st century, it's a it's a bit tight office.

P

Space is very limited: uh uh the uh the ability for us to sort of pursue our careers and raise.

P

Our children is not quite there, there's a you know. We hope to um create a space for guests.

P

As I said, new mud room and really make it so it's a more comfortable home for all of us.

P

um One thing is: is that the our garage right now is right up against two property lines. It's.

P

Outside of the um sort of it doesn't, it doesn't meet the setbacks um and uh with this proposal.

P

uh They would the garage would be uh removed and it would the building would be more in compliance.

P

uh With uh ordinances, um the surrounding values of the homes will not be diminished, they'll be.

P

Enhanced by an addition in a renovation of a house- um and I think under the hardship thing you know.

P

It's really um the hardship, unnecessary hardship that the enforcement of this would not allow us.

P

To sort of live um and work, as we would like to uh with our sort of uh jobs and raising our children.

P

um As I said over the last three years, uh working from home is is, can be the norm, a.

P

Lot of meetings- children I do school from home, which is can be quite challenging and.

P

Having uh space for us to be able to do this with separate office, more sort of separating.

P

Our children so that everybody can sort of focus on what they have to do when those events occur.

P

Thank you. Do you have anything else to add? Well, um I can walk you through a little bit. What we.

O

Are proposing uh more a little bit more more detail? So if you look at uh ad o2 that gives.

O

You the existing uh plot plan and you can see where the there's an existing two-car.

O

Garage, it's a little small to be a really a two-car garage that sits in the corner.

O

Really, almost on the neighbor's lots we're proposing to take that out.

O

That there's a hedge up there that uh how to say hides the house away from the public's view, we're.

O

Going to take that out and make that a lot more open so that it integrates better with the uh with.

O

The neighborhood, if you look at the ad03, which is the proposed plot plan um I'll start at the.

O

Top we're proposing a wrap around porch in this case, as we all know, porch is an integral part of.

O

Our town and really enhance the interaction with neighbors and passes by it's a perfect place.

O

We then add instead of having that detached garage. That is a little too small, we're creating.

O

An attached garage with a small connector, which would be a real mud room. There is a an existing.

O

Mud room that is really small. It's way too easy for a determined teenager to get through there.

O

So so that's the main, so there would be and also so, the garage and all that.

O

Will be within the setbacks, the the only setbacks on the left side is part of the.

O

Existing house, where we need the relief on the rear yard on the side, yard and.

O

The the relief on the on the secondary front yards is created by the by the porch itself.

O

um Then a few we go through to ad04, which shows the proposed an existing floor plans.

O

We are also adding a little bit to the kitchen to make that a little bit more user-friendly.

O

But you see that the whole flow of the house, so you get into the garage, go through.

O

The mud room into the house that's very much improved from having to run through the rain.

O

To get the get in there, I've had that experience.

O

The gist of it then really happens here on the second and third floors, so um ad05.

O

Where, as you can see in the existing there's, two very small bedrooms on the on the lincoln.

O

Avenue side, a medium-sized master bedroom that, however, hardly fits a a king-sized.

O

Bed, a king-sized bed with one night stand not two, and so we we're proposed to move.

O

Create a new master suite above the garage that would also have so that would have.

O

Walk-In closets a bath but also a new office, and so that bedroom number one could be mostly.

O

Used as a as an office, we're also improving the laundry and the existing bath and then on the.

O

Third floor, you see this is a very small family room. It's the big attic that is not very usable.

O

So we're proposing to adding a dormer on on two sides to make that room uh better usable. There is.

O

Right now, the the family uses it as a workout room. There's a couple of there's a treadmill there, but.

O

Don't be uh how to say foolpide by the footprint there. These are sloped ceilings.

O

So and then we'd create a little passage and a guest suite above the new master suite.

O

And the ad07 shows you the roof plan and, yes, we are planning to have solar panels on this roof.

O

Which is why, when you look at the elevations, that's it let's skip one.

O

And go to eight, oh yeah, that's why we ended up with the gable end roof over the addition.

O

To make room for for the solar panels other than that, the all the the edge detailing of the the.

O

Roof is going to be the same, sink siding same trim, so the goal was to get a harmonious hole together.

B

Okay, but the question for the applicant, ms marcheson, so it on the second floor, you were.

G

Actually, adding there's three there's four bedrooms there, because you have bedroom one.

G

Bedroom two and then bedroom two again, so you propose it's really three bedrooms plus.

G

The master bedroom did I mess that up, so I had on the original. I had bedroom number one.

O

um Pardon me again the beauty of technology. I duplicated that text block and forgot to edit.

O

It okay, so the office is being moved from the ground floor to the second floor. Correct now,.

G

The applicant um has said that a big desire for these changes are to have more working space at.

G

Home, however, the the office- that's on the second floor is really no more bigger than the office on.

G

The on the ground floor, where it listed as bedroom, one would probably be in office as well. Excuse.

P

Me would be in office as well bedroom number one. Oh bedroom number, one: okay, okay, and by making it.

O

Yeah or the existing master bedroom into another bedroom for for one of the kids, we create enough.

O

uh Room to place a desk and all that good stuff in there, so that it can become a place of work for.

P

My wife and I sometimes have uh interest meetings at the same time in different parts of the house.

P

That we're you know sort of like I'm a using officer to you and then finding another place.

B

Any other questions.

B

C

Thank you for including the square footage. um When I first looked at this, uh I was concerned that the.

C

The lot coverage- all that was possibly wrong- we've had applications before where something was in the.

C

Application didn't exist anymore and vice versa. So I'm glad you did that because I ran through all.

C

The numbers- and every number you have is exactly what I came up with too. I thank you for that.

C

So basically we're looking at maybe plus.

C

250 square feet the difference between the old and the new. Yes, as far as total square.

C

Footage, yes, okay, no, um are you talking about footprint talking about foot? That's all the.

O

Footprints, so just talking the foot, because that's our criteria- okay, not the size of the.

C

House everything else, I'm just talking about the footprint when we're going from wherever it was.

C

Before 20 we're going from 1954 to 22 25 overall, okay, so we're going from 33 to 38., correct, okay,.

C

Okay, um that's it! Thank you. Are there any other questions.

C

Oh, I'm sorry, I'm sorry, mr go ahead um when you were describing the use of the.

K

Property, it sounded like it sounded like mixed use, multi-use property.

K

um It's going to be housing, visitors, housing, your family, providing office space and one.

K

Other kind of space, so I I just wonder, have you been at the planning board yet yeah right now.

B

Private use a home office and they're his guests. Yes, okay, it's a residence and it will stay a.

G

Residence all right all needs is a building permit. Yeah yeah the thing about the office.

O

Space, as you know, with the pandemic, the all of us every house, all of a sudden, has to be able.

O

To turn into an office at a moment's notice, and so that's that's why we were looking for that. Okay, we.

O

Had that type of space, I think we've clarified the the use question. So thank you for that. My pleasure.

B

B

Okay, thank you.

B

Is there anyone to speak in favor of this petition.

I

Submitted a letter- and she asked that if you hadn't read it that I would read it, but I.

Q

Just want to see it, yes, you might do, um but I'm one of the owners I understand, but you're still.

B

Speaking in favor you're allowed to do that, so um our neighbor was unable to come today, but she.

R

Submitted a letter on her behalf, which hopefully is somewhere in your system, but she asked him.

R

Who, if you didn't, have it in the packet that I would read it? Yes go ahead, so this is from our.

R

Neighbor lori harrigan, who is in a butter dear planning board. I am writing to be considered on.

R

Record with no objection to the variants of my neighbors mark and franklin and julius franklin.

R

For their property located at 168 lincoln avenue, I have reviewed the plans and find them to be.

R

Thoughtfully designed with no adverse impact to my or any other abutting homes, many homes in our.

R

Neighborhood, including my own, have required relief from unnecessary hardship created by the ordinance.

R

To improve our properties, the home improvements proposed by the franklins are harmonious, with.

R

The character and beauty of the neighborhood and can only serve to increase the property values.

R

Of all the homes in the area, respectfully lori harrigan, a butter, 116 sherburne avenue.

R

Thank you. Thank you. Thank you. Is there anyone else to speak in favor of the petition.

B

Is there anyone to speak against petition.

S

Sorry, oh, I was gonna have to wait, but I'll tell you when to look at that.

S

Good evening, I'm max finetech 180 lincoln avenue, I'm a director of butter to the franklin property.

S

At 168., my property is the one most impacted by the proposed project, because we are side.

S

By side on those on that street um up front I'll, tell you I'm going to read this because.

S

I don't like being here and doing the public speaking thing and the whole process pitting.

S

One neighbor against another- I find very difficult, so here goes being what that is. I want to address.

S

Several issues relating to the criteria that are critical to your consideration of the variants.

S

One, the variants should not be contrary to the public interest, in this case the size, bulk and.

S

Lot coverage of the proposed edition will alter the character of the neighborhood. The lot is 5929.

S

Square feet, which is smaller than the required current lot size. In other words, the lot is small.

S

Building a very large house on a small lot, leaving very little green space is not in keeping with a.

S

Neighborhood maximum building coverage, as we've just said, is 25 percent in this neighborhood. The.

S

Proposed lot coverage jumps to 37.6 percent of coverage. That's 150 percent of what's allowed.

S

um The mention of energy efficiency improvements actually has no bearing on this, because that.

S

Doesn't require a variance regarding the spirit of the ordinance, the size of the structure on the.

S

Lot is not in keeping with the character of the neighborhood. The master plan discusses on page.

S

54 the goal of protecting community character by addressing mass and scale this house would.

S

Be 67 feet long when the addition is put on and 33 feet high and actually that's unique.

S

Not typical the master plan also aims to protect yards and open space. The proposed structure would.

S

Reduce light air and privacy, especially for the adjoining property mine losing morning, sunlight.

S

In my home, deck backyard would affect my trees, shrubs container gardens grass and my quality.

S

Of life, I don't have curtains in my dining room or kitchen, because I enjoy that light.

S

Three regarding the substantial justice, the application outlines, what is basically.

S

A significant home renovation not being able to fulfill this is not an injustice, however,.

S

A variance would have a significant impact on me. The proposed addition would fill open.

S

Space between our houses, with a three-story building that essentially walls in my backyard.

S

So the handout I gave you because I had no idea of what 67 feet looked like. So this is 37 feet.

S

That both of our houses, which are matching houses, built in 1903 on lincoln side by side.

S

So our houses are about 37 feet long and this adds another 30 feet to that. So I walked around.

S

And started looking at buildings and I went on the tax records almost across the street.

S

From me, and the reason I put these pictures in here is not because they're just to scale.

S

But I thought perhaps because you live here- you've seen these houses, those triple decker.

S

Green apartments, I thought well that must be right. That must be close, they're 56 feet long.

S

Not 67, then I walked one block up and I thought well all right here is a long looking apartment.

S

Building maybe this is what 67 feet looks like and it was 52 feet and so I'm showing you what.

S

My view would look like this is the side view of the house. That's proposed at 67 feet. It's.

S

Just much more significant when you take the 67 feet and 33 feet high, which is three floors now.

S

It's not as much three floors as the apartments which are all the windows are showing because.

S

This is going to have dormers instead, but it's a pretty impressive structure. That's going there.

S

Considering the, what will that do to the surrounding properties being the value.

S

Being diminished, here's a letter that I got from a realtor who's well known in portsmouth.

S

And he submitted it to you as well and having reviewed the plan submitted for the proposed.

S

Edition to the franklin residence located at 168 lincoln, it is my professional opinion as a real.

S

Estate broker that the massing of the current project has put forward is out of character.

S

With neighboring homes, and that the size and dimensions of the proposed edition will have.

S

A significant negative impact on the value and marketability of the abutting property located.

S

At 180 lincoln, which is pretty scary- and this is someone who has been in both of these- our homes.

S

um The last five five enforcement of the zoning ordinance would result in an unnecessary hardship.

S

The application does not demonstrate any special conditions of the property that distinguish it.

S

From other properties in the area, without special conditions, the actual location actually fails. This.

S

Property is is among at least eight in the area, including my home, with lot sizes between 0.113.

S

And 0.146 acres, so there are lots of small lots right along sherburne and and people who are on.

S

The corners, you know a block away. The lot size has changed dramatically, but they are small lots.

S

The ruling is that the property or the criteria is that the property must be different in a.

S

Meaningful way from other properties in the area, the minor difference in lot size is not a special.

S

Condition and no other special conditions are cited. No ledge wetlands slope, nothing.

S

About this property prevents it from being reasonably used families, even in the 21st.

S

Century have grown up in this house. The previous owner had two children, and I had two children.

S

In the 21st century, not having more space for family and rooms for visitors, isn't a hardship.

S

Increasing the lot coverage percentage as they will is not what the hardship criteria is about.

S

So I'm lucky to live in a 400 year old town, so beautiful people buy picture postcards of it. I.

S

Get to live in a great house built in 1903, as was that one it it still has. The mine has the.

S

Original outbuilding for the horse and carriage, I think, of myself somewhat as the keeper of the.

S

House, it's not just mine, it's the neighbors, the towns and it's for people who will come after me.

S

Of course, owners of old houses make changes. 168 lincoln has a remodeled kitchen baths, a.

S

Finished third floor: small addition in the back new windows, air conditioning, but both houses are.

S

Still recognizably iconic american foursquares in the last 120 years, no house the size and bulk.

S

Of this proposed project has been built on that lot. For good reason, it doesn't fit the land it.

S

Wouldn't honor 400 years of people protecting classic architecture, because this application.

S

Doesn't meet the criteria for a variance and because my home and well-being should be.

S

Protected by the zoning ordinances of this town, I politely ask you to deny this application.

B

Is there anyone else to speak against this petition.

T

Hi, I'm carol hollis and I live um in portsmouth and I've submitted a letter and, as I said in the.

T

Letter, I hope that um carol. We need an address. Oh um 557 union street gotta. Ask these your questions.

T

Okay, please go ahead. um I hope the zba takes into consideration the intent of the existing.

T

Zoning ordinance the criteria for granting a variance must include having a hardship.

T

Wanting a larger house is not a hardship. The zoning ordinance makes provisions for each.

T

Homeowner to be protected to the light and air by limiting lot coverage, this application exceeds.

T

A lot coverage required by the ordinance this doesn't seem any way from 25 to 30.

T

28 to 35 percent is a big increase and it's clearly against the zoning to have that much.

T

Lot coverage there doesn't seem any way that you can approve this as proposed. Thank you.

B

Anyone else to speak against this, please.

U

Hi, I too hate doing this so, um and it is really hard to.

U

You know publicly, I mean I just met these people they're. You know, I don't so anyways.

U

Okay, my name is jen benjamin and I'm a resident of portsmouth and this person address. Please.

U

180 sherburne avenue thank you and um I so I've lived at 180, sherburne avenue for 20 plus years.

U

I'm also a 30 plus year professional in the field of landscape architecture,.

U

um I definitely am not particularly eager to stand in the way of any neighbor.

U

Renovating but my concern is uh that the proposed changes do not reflect the scale and character of.

U

Homes and properties in the neighborhood and would set a precedent for similar requests in the future.

U

Our neighborhood consists of a variety of architectural styles, certainly dominated by.

U

The new englanders and foursquares most of the homes in this neighborhood were initially owned.

U

By those of more modest means and the houses grew or were enlarged by adding a half bath here, a mud.

U

Room there resulting in quirky bump outs in the original structure. It is these nooks and crannies.

U

Varying roof lines, broken rhythms and window placement sky filled voids between buildings.

U

With whimsical, gardens and and the play of light and shadows that make the streetscape interesting.

U

This is our neighborhood: let's break down what presently exists at the franklin's property.

U

And what is being requested? The coverage of the franklin home garage and deck is 1954 square feet.

U

This is already three percent, or it's more than three eight percent grain and then.

U

Coverage allowed the franklin's are proposing to add another 274 suite square feet to their.

U

Footprint around like give or take two average sized bedrooms. If permitted this would represent.

U

Nearly 80 38 coverage, while this is significant, it really doesn't adequately capture the full impact.

U

Because they're asking for 271 square feet on all three stories: a net gain of over 800 square feet.

U

Simply put they're just asking to extend their three-story house for another 25 feet netting.

U

The 67 feet and I had the same experience, I'm like that's enormous and I work with scale every single.

U

Day I went out to the neighborhood to look at a few other houses myself, and I took my tape.

U

Measure out and I strung it along a new house up on the corner of rocklin and elwyn, and that too is.

U

Might I say large and um that one came in 10 feet shorter and it's not even three stories on all on.

U

All for the whole duration, so anyways, that is big if every home in our neighborhood were to pursue a.

U

Similar approach to enlargement, there would be a series of boxes lined up with only driveways and.

U

Foundation, planting separating structures, no more garden tour. In essence, this residential community.

U

Would look more like downtown and I ask is this what we want? That is my statement. Thank you.

B

Is anyone else to speak against this petition.

B

V

uh Good evening, dr mccallum, I live at 536 state street and I'm here to speak against.

V

Set this application- I am not representing anybody here, I'm speaking solely as a private citizen and.

V

As I say, I'm not representing anybody myself and I moved to oppose this position just because it's.

V

The kind of thing that frequently happens in this town that I just don't like to see.

V

Now the application that is before you tonight is similar to what great many variance applications.

V

That come before this board, in that, when you tear away the fluff and pierce through the nonsense.

V

The applicant's basis for requesting a variance goes something like this.

V

I don't want to have to obey the provisions of the zoning ordinance. I don't want to have.

V

To comply with the provisions of the zoning ordinance, I can't do what I want to do if.

V

I'm required to observe the provisions of the zoning ordinance and its restrictions.

V

Or a variation which we often see, I can't make enough money, as I would, if only I didn't have.

V

To require to obey the requirements of the zoning ordinance well, if that is all you have to offer,.

V

Then there is no occasion for grading any variants, because that's what zoning is you don't always get.

V

To do what you want to zoning is the reason why walmart cannot cannot erect a walmart supercenter.

V

In the middle of a residential neighborhood, it is the reason why you can't open a strip club or an.

V

Adult bookstore next to an elementary school or a middle school, is the reason why you can't open a.

V

Pig farm next to a row of waterfront restaurants. It is the reason why you can't erect a building.

V

That is too big on a parcel of land. That is too small, and it is also the reason why you can't.

V

Deprive walk on your neighbor's rights and deprive them of the use of if of the use of their property.

V

And the use of enjoyment in their property if you're going to go against the terms of the.

V

Zoning ordinance, when you do so, but that's what zoning is, you don't always get to do what you want.

V

The old song line from the rolling stones song of the 1970s- you can't always get what you want.

V

And that's what zoning is now, as you all know, the heart, the kind of hardship which justifies.

V

The issue at the issuance of a variance is not the personal circumstances of the property owners.

V

The kind of hardship that justifies the issuance of invariance is a hardship on the land itself.

V

There must be, if you're, applying for a variance. There must be something unique about your property.

V

Which distinguishes it in a negative way, with the other, uh with the other properties in your.

V

Neighborhood such that it is unfair to make you obey the same rules that everybody else has to.

V

uh Now, here there's nothing like that at all the property, the applicant's properties wholly.

V

Typical of all of the other properties in that neighborhood there is not. They have pointed to.

V

The nothing except that uh they want to uh they want to have additional room to uh to entertain.

V

Guests, well, that is not a hardship right. It's from hardship is uh unfortunate because it is.

V

Very misleading, but that is a law on the subject that hardship has to be a hardship attached to the.

V

Land itself, on top of all of that, the relief that the the applicants want in this case is.

V

Substantial the property is already overcrowded, it is already, as I understand it, looking looking at.

V

Their paper at work, the property, already exceeds the 25 coverage limit. They want to increase it to.

V

38 and the uh it is already uh in some points encroaches on the setbacks uh and I think.

V

um If I understand it correctly, there are places where it's already seven and a half feet where.

V

The setback requires 15 foot setback and they want to what they want to encroach in the setbacks. Even.

V

More, the very purpose of coverage and setback requirements is to to prevent overcrowding.

V

And they want to take what is already overcrowded property and uh and increase the coverage and.

V

Approach upon the setbacks even more so it is against the spirit of the ordinance. The purpose.

V

Is to prevent overcrowding; what they want to do is crowd the property even more. It is against.

V

The spirit of the ordinance interests of justice will not be served because miss.

V

Fine tuck, their neighbor, has already explained to you. She they're what they're proposing to do.

V

Is going to cut off her light, it's going to cut off her views and you can. She spoke for herself.

V

Very articulately- and she explains how this is. uh This property is going to encroach on her rights.

V

Now these applicants these these people, they knew what they were getting like. They knew what they.

V

Were getting into at the time they purchased this property, or at least they're charged with.

V

Knowledge, the planning department made no secret by the provisions of the zoning ordinance and made.

V

No secret of its uh of its restrictions, so they can't really complain if what they bought and.

V

What that and what they're getting is a property, that's uh encumbered by zoning zoning restrictions.

V

As to coverage and and setback limits, they all all of the cards were on the table when they.

V

Brought this property- and they have no reason to complain in this in this this evening- they have.

V

Offered nothing except they can't do what they want if they have to comply with the requirements.

V

Of the zoning ordinance and all of its variance all of its various restrictions. So because there.

V

Was no hardship because what they were asking to do was against the spirit of the ordinance.

V

And because it is going to do an injustice to the neighbor, miss fine tuck and therefore is.

V

Not going to do substantial justice, the variance application must be denied. Thank you. Thank you.

B

Against this petition.

W

My name is dryden robertson. I live at 139, sherburne avenue. I've lived there since 1994.

W

I'm opposing this edition because of several reasons, one being, I think it deprives max fine.

W

Tuck of her air lights and privacy, and another reason that I am concerned is I've. Several friends.

W

Who had one of these very long houses built next to them? And it is not that that had been built.

W

Right along the property line, I know they're not right along the property line, but it's been very.

W

Close to their house- and it's been very obnoxious- the way it just doesn't feel good anymore and and.

W

Two of my friends that there's been building near them and because of the building, it's changed. The.

W

Storm drainage and so they've had problems with flooding afterwards. So I think that.

W

um We need to be aware of not just the beauty of our neighborhoods and the ordinances, but just.

W

Think about what it's doing when we pave over more of our city. Thank you very much. Thank you.

X

Good evening my name is steve scott. I live at 377, richards avenue, I'm right around the corner.

X

From them, my house was built in similar similar time frame. My great-grandmother built it in 1899.

X

So I can appreciate the the fact that you've got a house that does not necessarily capture what.

X

You want in it, as you mentioned, a 21st century process, but you've had folks that have lived in.

X

That house also a doctor and also a housewife who had a second job or had her job in that.

X

She was a music teacher. He had two children that lived in there, so I can't understand how.

X

The need is that great, in order to expand the house that significantly from what it currently is.

X

When I went out undertook a a project that required coming to you guys it.

X

Was intimidating as hecka, and one of the things that I kept hearing from you was that.

X

The distance between homes was necessary, the the reliance on the setbacks was necessary for light.

X

For for air, but also for public safety, so that you could get people back there if there was a fire.

X

Or something emergency nature. So I think that in the neighborhood, a house of the mass that you are.

X

Looking at, if this is granted is just completely out of character, I appreciate the fact the other.

X

Thing that I did notice- and I don't know if you can speak to it- you've got the solar panels and.

X

I do as well I'm going to be replacing mine, but I found out that the city changed the.

X

um The dimension from the peak that you have to be- and I don't know that they're as low as they.

X

Need to be they're supposed to be 18 inches from the peak, and the purpose for that is, if there's.

X

Ever a fire so that the firemen can get in there, it didn't it. When I looked at it, it didn't look as.

X

If it was that that much because you're looking at an elevation, okay, no I'm sorry, it's not even our.

I

Person, I'm sorry we don't. We don't do solar panels very well. So thank you very much. Okay. Thank you.

B

Is there anyone else to speak against this petition? Oh.

G

You might want to line up, I'm sorry, miss trace. Would you mind just bringing the microphone.

F

Close to you, thank you is that better for you, yes, paige, trace, and I'm here personally this.

N

Evening, 27 hancock street, and it's just when we're talking about the length and the width.

N

Of the house, I'm embarrassed to say that our home is 38 feet wide. It's three stories.

N

And it's only as much as people in this room might know where I live near strawberry bank.

N

um It's only 45 feet long, it's a big house, it's huge, but to make it 60 plus feet.

N

I'd have to add another edition onto it between our home and students tavern. That would be another.

N

Probably close to the width of my yard, that's fenced in and that should give.

N

Those of you here this evening, the idea of just how enormous a 60 foot plus foot house.

N

By 37, feet wide would actually be, and I normally wouldn't say it it it's our choice to live there.

N

But it is a good way to know how big is big and how small.

N

You know what looks big is actually smaller than you think I would also say very much.

N

That, although I don't live on lincoln avenue, obviously that I too treasure my light just as.

N

Everyone else in this room, I treasure there isn't a day go by that goes by that. I don't think about.

N

Privilege that I have of having some distance from my neighbor, I, like my neighbor, believe it or.

N

um But I think that that we have to respect.

N

um The butter of the franklin's is coming to you saying the light that I take for granted.

N

The air that I breathe and the distance between my home and that home it's the old, live free or die.

N

Let me have my space just my own little bit of space, and there are reasons why we have setbacks.

N

And as far as health and safety goes, I know I'm jumping around with the five.

N

Hearts, health and safety goes there's a 15 foot setback on sherborne. That is the secondary front.

N

Of the house- and there is a 15-foot setback on the front of the house by zoning- they are asking.

N

For seven foot six and nine feet- and I swear that if you were driving up sherborne or.

N

Down sherborne or trying to go from sherburne to lincoln or lincoln to sherburne, and you had only.

N

Seven and a half feet on one side of you and only six feet on another. That would be a safety issue.

N

In a car or a truck or anything else, because that um that whole entire wrap around porch.

N

Is just that it's raised so seeing around? It would be an issue and I hate to bring.

N

That up, but I'd, be doing everyone in this room and injustice. If I didn't- and I thank you for the time.

N

And I realize I'm not in a butter, as I say, and I'm only here now personally.

N

But it seems to me it's pretty common sense oriented. Thank you very much for your time.

Y

I sent you a letter, my name is ellen cohn and I live at 124 broad street and I lived.

Y

In my house about 38 and a half years, my house is not a big house. It's 709 square.

Y

Feet but I have large victorians on either side of my house that have been purchased recently.

Y

And luckily the people who about me made the choice to renovate their house within.

Y

The footprint of the houses, so it hasn't, had an adverse effect on me. This house was renovated. Five.

Y

Years ago, where the family moved totally out, so it's not like it's not in the 21st century.

Y

And I think it's the butter who is going to be suffering is suffering the hardship. Not these.

Y

People I have had to I'm a professor at unh. I've had to also remotely teach during the pandemic, no.

Y

Longer but I do have occasionally meetings and I can do it within the footprint of my house.

Y

um I don't have when I have company, I can accommodate them or find some other.

Y

Place for them to stay, so I'm against issuing this variance to them. Thank you.

B

Z

um Esther kennedy 41 pickering ave, and I want to thank you all for being in this extra warm room tonight.

Z

But I'm against hesperians, and you know we heard tonight, neighbor against neighbor, which.

Z

Is very sad in our community, but the reason we have zoning laws is so it's really clear.

Z

And I do not believe in my mind that the hardship has been met, and so I hope the board sees that.

Z

Because we shouldn't have to have neighbor after neighbor, if we all know the rules and the laws.

Z

And the people coming to here, if they hear the same thing, the hardship must be met and.

Z

It hasn't been met, then that would take care of some of the problem and I know.

Z

You folks have been doing a great job of that, so I ask that you continue tonight so again.

Z

I'm here to support max and I'm against, moving forward with this project. Thank you. Thank you.

B

H

Good evening rick beckstead 1395 visiting the street, I still tossed and turned whether it.

H

Be a four against torah in between. um I actually am a friend of max's. I will.

H

Disclose that I have actually visited her home looked at some work sat in her backyard and I.

H

Think we actually shared a drink together if we could pull up the slide. That's ad09! If that's.

H

Possible and in the lower left hand corner is a picture and I think the picture tells it all.

H

Okay, the one on the bottom left- I don't know if we can zoom in on or not, but the the applicant's.

H

House is the yellow house, with the two car garages there directly behind that is max's house.

H

Now, basically, what we're doing is we're adding onto the back of this house 26 by 30.

H

That's roughly about 780 square feet, but you've got to times that by three because.

H

That's not one floor. It's not two floors. It's three floors. It actually creates a massive wall.

H

That the light that you see there shining in max's backyard will no longer exist, and that is part of.

H

This board's responsibility is light and air, and I know property rights, whether they be new.

H

Or whether they be old, but it has to be taken into consideration the property rights, the people that.

H

Are around the people that just purchased a home? It's most important, I'll use an example, because.

H

People are going and saying that we've started to see this. We've had this from numerous years.

H

There's actually, a very massive uh building that was added to a garage was taken down an attitude.

H

On weidberg street, which is probably one of the most controversial homes that are actually there.

H

And that to this day I know for a fact, people probably look at it when you see it and regret.

H

Actually, approving that, um to this day it still is controversial, so I just offer that.

H

As advice to the board again, I do not feel that this application has a hardship, but.

H

Light and air max does have some rights when it comes to that, and that view and the light.

H

That she enjoys today will no longer be there if the variance is granted. Thank you. Thank you.

H

AA

Madam chair board members jim lee 520 sagamore avenue. You know I look at this application and.

AA

This kind of reminds me of someone: that's trying to cram a cord of house into a pile of lot.

AA

Won't fit so I'll just kind of touch on the criteria that all of which have to.

AA

Be met to to make this very it's uh be granted, you know the first two or it's.

AA

Not contrary to public interest and the spirit of ordinance is observed.

AA

I think this would definitely alter the essential care to the neighborhood, and I say that as a real.

AA

Estate broker of 43 years 12 of those years right here in portsmouth, I think the character of the.

AA

Neighborhoods are critical to this, and if you have a massive house like this in that neighborhood.

AA

There's no doubt in my mind that would alter the essential character of the neighborhood.

AA

To concur with my fellow realtor, who said the property values could be diminished. I pretty.

AA

Much agree with that. I think if you have a something that's so out of scale and out of.

AA

Character with a neighborhood, it cannot help but have a negative effect on the.

AA

Property values because it's just you know, you're driving down the street and there's this house.

AA

This house, this house and there's this house- that's uh this- just- doesn't fit one of the.

AA

Criteria of the substantial justice is the benefit to the applicant can't be outweighed by.

AA

Harm to the general public, there are there other individuals, I think everyone. Several people have.

AA

Spoken to that about harm to the general public or other individuals that harm being the uh the.

AA

Removal of the light and air and uh of that house to be replaced by a three-story 67 feet.

AA

Wide you know house that you're now looking at where you could see uh see the sky before that.

AA

The little enforcement of this ordinance would result in an unnecessary hardship. I.

AA

Don't think there's any hardship here. Clearly this house has been uh able to be used as a.

AA

Residence for the last 100 years, plus without having anything done to it or enlarged in.

AA

I don't think anything has changed there. The house hasn't changed the neighborhood.

AA

Hasn't changed and I just really don't see a hardship there so for all those.

AA

Reasons I think this variant should be denied. Thank you. Is there anyone else.

B

Is there anyone to speak to for or against.

O

I'm here with the cradle the designer- and I think we set a record here- didn't we no? No, no idea, not.

B

Even close, oh my gosh, I was so proud of that sorry. So time and again um it comes up uh the.

O

Whole lot coverage idea the problem. So what I'd like to remind everybody? We are taking away an.

O

Existing garage that is located way too close, only a foot or two away from two adjoining properties.

O

It um we are increasing the footprint by uh something like by close to what did we say.

O

A little over 300, roughly 300 square feet, 180 square feet of that. So, let's more than.

O

Half of it is the wrap around porch. So it's it's not as much as it's uh cracked up to be.

O

As to the height and all that and the light, when you look at it where the sun comes from, yes, it's.

O

Mid-Morning sun will be taken up a little bit. I agree with that. We had looked at that.

O

And we knew okay we're going to help the neighbors on the on the sherman side.

O

We just can't uh help everybody, and I would also like you to consider the following.

O

If we took out the entire porch and I just barely modified the proposed edition.

O

I would be, and we would be entirely within the requirements of the the ordinance we would get.

O

A permit we could build, and none of this would be happening. Of course, what we're presenting.

O

Is the preferred solution for my client, um I've heard now also a couple of times this house was.

O

Great until now, well it's the 21st century and it's the past the pandemic. You know a lot has.

O

Happened since this house was built, this town has changed massively also and with all due.

O

Respect to to mr lee what was it fabulous realtor? We are adding some significant value to that house.

O

And that will definitely lift the value of the house of the properties around.

O

I'll rest, my case, unless you want me to go on and on no, no, that's good. Thank you. [Applause].

A

280 south street. um I believe this is the case where sides matters.

A

And please look at your criteria of all of the other speakers have gone through them. Gave you the.

A

Pros the cons and um it still comes back to the sides and the impingement upon the neighborhood.

A

That this would cause. So I urge you to look at what you need to find to approve this application.

A

And I don't think you're going to find it in what has been presented to you. Thank you, okay. Thank you.

B

Anyone else to speak to yes, I I just want to make a clarification too. On.

U

What I looked at on these documents again, it's jen benjamin 180, sherburne avenue.

U

um The part of that footprint that's being taken away is a, um I know it counts as structure and.

U

Footprint is a 24 inch, high wood deck so causing? No, I'm sorry, that's not included. It is in the.

U

1900 square feet: that's what it is included, so that is having absolutely sorry, no impact on.

U

Anyone and, in fact that's really the garden space of that that property and I I think.

U

That's really important, because that is infilled with three-story high um edition.

C

Okay, so anyone else to speak to for or against.

B

All right, the public hearing is closed.

B

Could we take a 10 minute break yeah we're passed through? Thank you.

B

B

What would you like to do I'll start off the discussion? Okay, um when I first saw this.

C

um Considering the size, I was a little dismayed.

C

um I'm oldest mortise, made about the comments made tonight.

C

This house definitely has a hardship in my mind, um merely on the fact that it is on the corner a lot.

C

I think that part of our zoning ordinance.

C

Basically punishes anybody with a corner lock, but that being said.

C

I wouldn't presume on the applicant whether or not it fits his needs just because somebody's.

C

Lived there before who happen to be of the same profession, I will take him at his word and for.

C

Anybody else to presume that he doesn't need bigger space is exactly what it is. A presumption.

C

um As far as the variance requests go.

C

He's asking for as far a lot as far as lot coverage yeah, the percentage is great.

C

But if you look at the square footage, it's 271 square feet total. That's the difference.

C

Between the current 33 percent and the proposed 37.6 271 square feet, of which.

C

The porch is 180 square feet, so the actual.

C

Coverage of the edition minus the deck minus the garage is less than 90 square feet.

C

um As far as the proposal goes,.

C

It's a two-story house with an attic. They propose to finish the attic. It's not a three-story house.

C

It's two stories with an addict: they plan to finish.

C

As far as the setback on the sherburne side, they're asking for nine, the.

C

Permitted is 15 because it's a secondary front yard, whereas there was another.

C

House there and sherburne: wasn't there it'd be 10.. So it's a one foot request.

C

The other thing I also see is that it's also improving the rear yard into compliance.

C

Now, that's just the board's criteria as far as the setbacks and dimensions, things like that.

C

And I'm thankful for the applicant for actually squaring out those dimensions, because I was unsure. Looking at the property lawn.

C

um Now light air, all of that good stuff, yeah, that's a concern for mine for me as well.

C

Instead of representing a 67 foot long house, I'm sure there's plenty in portsmouth that.

C

Have attached two-car garages with something on top of it? Is every house in portsmouth, with an.

C

Attached two-car garage with nothing on top of it is that the entire length of the house.

C

Oh depends on who you ask, doesn't it, but that's where I'm at right now.

C

I'm struggling with it, but I can see two both sides of this.

J

uh Yes, uh I would share similar thoughts as a board member mantle as well, but I guess also as.

J

A more general comment: I just want to acknowledge that kind of this format of the zoning board can.

J

Be difficult and challenging, but it is the fairest way to deal with these quasi-judicial.

J

Issues so having said that, uh I guess I'll weigh my my thoughts at this point um and uh yeah one.

J

Thing to point out is: I can see the potential harm to the budding neighbor on lincoln ave.

J

um And once something we have to weigh is: does the benefit to the applicant outweigh the harm.

J

To the public and that neighbor being a member of the public, uh another thing, though, is that.

J

uh The the garage the existing garage is very close to both of the uh property lines and the.

J

The new edition itself actually goes becomes within the setbacks of the actual structure.

J

um The the variants uh being uh criteria being asked for, which is what we're addressing is.

J

Really much more related or specifically related to the the porch. uh The porch is.

J

um In terms of the structure uh but the well, the one thing is that for the coverage uh it.

J

Was already non-conforming and it's becoming more non-conforming, which I generally don't like that.

J

um So that's something to consider, uh although also the some other comments.

J

um There's they're not they're, not actually asking for a variance for height, um I kind of see I can.

J

See that the mass is definitely a factor here um and that's not really mass isn't part of our.

J

Criteria, but it's something to to weigh, because we are considering how that can have an effect.

J

On the public interest and whether or not it's in the spirit of the ordinance in the neighborhood so.

J

That's definitely a factor, and additionally, the the neighboring lot is almost identical.

J

um The one that's only gonna have that is also most affected, uh but the one big exception is that.

J

This one, even though it's the same size in the same house and essentially the same location on.

J

The lot uh this happens to be a corner lot, which is part of the issue for for needing the variants.

J

um So that's something that we would have to weigh and.

J

Regarding the property values I mean, I think, that's you know, that's debatable.

J

um And we definitely weigh uh input on that from from professionals.

J

um But uh independent of that you know, there's some other criteria that were that need to be.

J

Considered whether or not those are addressed so uh normally, I would think that a uh a small.

J

Lot can definitely be a hardship, particularly because these existing neighborhoods, that we.

J

uh So covet in portsmouth were all developed before zoning existed and the newly applied.

J

New to the lots newly applied zoning often makes them non-conforming such as this one.

J

But I do uh because of the the neighbor who is most affected um does also have a very similar.

J

Lot, except for the corner, lot difference. It definitely makes it a challenging decision.

G

So I will say I will not be supporting this application as to the hardship that mr mantle.

G

Raises the fact that it's a corner lot is already taken into account by giving a secondary front.

G

Yard- and that is now it is 16.2 and the proposed would make it nine. I recognize part of that is the.

G

Porch, however, that is taking a conforming setback and making it non-conforming. I recognize that the.

G

Right, the right yard, which is actually the back of the house, would come into compliance. But I believe.

G

That that is more than offset by the significant increase in building coverage. I think 38 percent.

G

Is is really a very big increase and it is well over the 25 maximum that is allowed by zoning. So I.

G

um You know respectfully I you know, I know you're trying to make use of.

G

Your house and I understand that, um but I I just think that this really is is.

G

um Is is not an application I can support as to the um uh impact on surrounding properties. You.

G

Know we, the criteria and law, actually says that if there is evidence that it impacts the um other.

G

Properties then you know we are required really to sort of take that into account, and you know.

G

The letter by a land realty, uh which was submitted on behalf of the nearby butter, I think, is a very.

G

Significant piece of evidence for um diminishment of properties, so I I will not be supporting this.

J

Yeah, I guess that's another consideration as well is uh uh I guess I like to think about you know. I.

J

Appreciate the applicants, uh desires and concerns, or what they're trying to address and thinking to.

J

Myself, whether or not this could be addressed if the variants weren't given and um the architect.

J

Did point out that uh they could still build uh the same height structure um attached a new garage.

J

Like that granted, it would have to be smaller, because uh I mean they'd be removing the garage.

J

Because it's currently too much the 33 coverage is too much. But if they move the garage and they.

J

Did still do an addition, I would. I would hope that most of those needs uh could still be met.

J

um Without even eating a variant, so that's that's something to consider as well.

B

I think to add, mr: we should probably get a motion at this anything to add this.

K

B

No, you have to talk all right, I'll talk.

B

I have to say that I don't get it, I mean this edition could be built. There's almost nothing.

B

That this is asking for that would prevent this from being built. It's not too close.

B

To the neighbor's yard, it's not too close to the wit, the back. I know these are all called.

B

Different things, because it's about a secondary front yard, it's not too close on the sides.

B

While it's tall, it's allowed to be that tall, mostly, we were getting the need for the variants.

B

Is because of the wraparound porch, which is going next to a street and is affecting nobody.

B

um And the building coverage now is 33 percent.

B

And the primary front yard now is 7.5 and that's staying 7.5. That's not changing.

B

The building coverage is going to 38, but the porch again the porch is half of that.

B

So we're talking about two and a half percent for this building, so it really barely needs us whether.

B

We like it or not, to give it a variance, um and so for me what they're asking for.

B

Whether I love the project or not, is very small.

B

And I don't think how we feel about how someone chooses to use that space.

B

Is a consideration for this board? It doesn't matter when people tell me that they're doing it.

B

Because they're hoping the parents can live in it afterwards, like it, doesn't matter to us really.

B

I guess that's and in terms of property values, I don't know, I'm no expert, but the streetscape.

B

Is not going to change the front of that house is going to look very much the same.

B

um So, that's that's what I'm thinking.

B

It doesn't make me happy because.

B

B

I'm sorry, I wasn't ready for the motion but yeah just another minor comment: that's what.

J

I'm struggling with is uh the uh the front. Porch is uh the issue with the setback and that's uh on.

J

The street side, and so that's away from the uh neighbors with the concern, whereas the on that.

J

Side uh is actually becoming further away because they're removing the garage granted the garage is.

J

A one and a half story, or essentially one story with the the slopped roof uh versus this, is.

J

A taller structure, but again that's not what we're granting the variants for. So I it's it's.

J

A challenging uh decision, yes, the problem with the height, because um it's under the.

G

35 max I I guess I will just reiterate that um you know the spirit and intent of the ordinance.

G

Is to provide is to prevent overcrowding and over bulking of of uh prop of lots, and I I think this.

G

Really does this: this is a big increase in block coverage building coverage. I'm sorry, five percent.

B

And I'm going to say that they're allowed to do this without coming to us without the wraparound.

C

Porch, we would still be there the coverage from 33 to 34. right and therefore I'm having a hard time.

B

With my well, we would, they would still need, I mean they would still have to come.

G

To us, because the primary front right, this is a non-conforming building. It's a non-conform ist.

G

They would have to come to us.

G

And that's why they're here yeah right right, people are.

B

Allowed to have variances, which is never.

B

You know it's an accusation, often when people come to speak to us, but it's our reason for being so.

B

But someone like to make a motion.

B

Instrument, I'm sorry, emotion, okay uh and I move that the application.

K

To approve the plans and dimensions presented not be approved.

G

Okay, is there a second? I will second, that it's a good location to deny applicants.

G

They're moving to deny, would you like to speak to your application? There's a criteria? Oh all, right.

K

Sorry I have to bore you to death for this, but here it goes well actually for denial for but.

G

For a denial, you just need it that for defend one problem right, it doesn't have to pick one.

K

um Experience evaluation criteria.

K

Granting the variance would not be contrary to the public interest.

K

That's a yes or no.

K

I don't know how, from a parliamentary point of view, how do we deal when you're making.

K

An application, no, I all you need to find is one of those criteria that doesn't need it.

K

Anyway, um well, I think we had paid her down the first one. What not meant well stated.

K

Granting the variance would not be contrary to the public interest, yes or no, uh and the answer is no.

C

The answer would be yes, but it's not no, it asks if it's conscious, it doesn't meet the.

J

Criteria, so it's the the finding of yes or no is whether or not I missed the criteria.

J

They're all over this thing, everything about this night has been confusing.

B

Okay, um would you like your second to support your motion? I always prefer to be supported and.

K

Then denied so um my second is reiterating section: 10.233.21 grantee, the variance.

G

Would not be contrary to the public interest in combination with 10.233.22 granted. The variance.

G

Would observe the spirit of the ordinance and uh the finding I would make is no in that the.

G

Spirit and intent of the ordinance is to avoid overcrowding and over bulking of the lot and.

G

um I feel I don't know if others feel the same way that this does not meet that criteria, that.

G

This uh that this violates the spirit and intent of the ordinance. I would also state that the.

G

um 10.233.24, granting the variance would not diminish the values of the surrounding.

G

Properties, we have evidence submitted in the form of a letter from a land realty that says that in.

G

Their professional opinion that this would have a negative impact on the voting property at 180.

G

Lincoln avenue, for those reasons, I would move to deny the variance as presented and advertised.

B

Any further discussion on the, but I think, a motion, okay, the motion is to deny a yes vote, denies.

B

Mr mantle, yes, yes, you didn't call them, I'm sorry, but yeah! Okay! Yes, mr matson! Yes, I'm in about now.

B

You're tonight, thank you. Thank you all for we'll be back coming.

B

I know I know it is.

J

We're not done yet. Our next item of business, which I don't understand, is.

B

I know everybody's leaving us sure you guys are not interested.

C

B

It must be you, okay, I have to read, you can sit, but.

B

I have to read it because everybody clear it out.

B

The request of seacoast management, consulting llc for property, located at 3 walton alley, whereas.

B

Relief is needed to add an ac unit and relocate landing in steps which requires the following one.

B

A variance from section 10.515.14 to allow a one foot side, setback where 10 is required, a variance.

B

From section 10.521 to allow a an 8.5 foot setback where 25 is required and b, 38.5 percent building.

B

Coverage where 30 is the maximum allowed? Second, I'm sorry, I'm just reading what the legal notice.

B

Says said: property is located on assessor map, 103 lot 20 and lies within the general residence b.

B

And to stark district now, if you will tell us who you are, I'm lisa messina, three walton alley: okay,.

AB

So I'm looking to get an air conditioner put in and the hardship is the lot size and that there.

AB

Is nowhere else to put the ac unit other than in the one corner there excuse me, could you move.

G

This microphone closest to myself for all around okay, all right, so the hardship is there's nowhere.

AB

Else on the lot to put the ac unit other than that one corner because of the stairs and then.

AB

Because of the bulkhead on the other side of the stairs, and then the side of the house is the lot.

AB

Line is right on that side of the house, there's nowhere on the side and then the other side of.

AB

The house is the driveway so and the gas meter, so there's really just that one corner to put the ace.

AB

Unit and I think that it's not a hard, I think it's better for property values. It looks better.

AB

Than putting in the window acs and is is hidden as it possibly could be from anybody walking by.

AB

Our neighbors and I would be- I did- go to the historic board. They approved it with screening.

AB

So it would also be screened, so even the people that I bought that do see into my yard, from their.

AB

Second story would not see anything other than some lattice and some bushes around it, and then.

AB

The stairs the reason for moving those is because the ac would be at the bottom right at the arm of.

AB

The stairs because there's no room so we would be moving the stairs to the front of the landing. So.

AB

They come straight into the yard. We would try to minimize how far they come out right now. It's 8.9.

AB

Feet if there's four stairs, but the elevation of the ground is a little bit higher, so the.

AB

Carpenter is hoping to be able to make that three stairs and take less room than the 8.9 and the.

AB

8.9, if the stairs come out 8.9 with the landing, it still leaves us 11 feet, 2 inches to the back line.

AB

Of a yard, so it's not contrary to the public interest. It's no one would really hardly.

AB

Anyone would see it, I would be screening it so it's attractive and it looks better than.

AB

The window acs in a tiny house like that it absorbs the spirit of the ordinance.

AB

And I think it um improves the property value and it is the least intrusive of the options it does.

AB

Not violate the spirit of the ordinance nobody's safety or welfare is affected. I think it does. It.

AB

Substantial justice and that I'm trying to make it as small and least visible as possible, the.

AB

Value of the surrounding properties will not be diminished. I think the property having ac.

AB

And new, not rotted stairs will make the property worth more money. The enforcement.

AB

The unnecessary hardship is just the lot size and that there's just nowhere else. To put it.

AB

Questions I hate to say this: this is the one I least understood when.

G

I looked at it so steph. What is the current building coverage.

C

It was my question too hold on. Oh, yes, it's I noticed that see my little question. What is it now.

F

What a great question um can you move on and come back to me sure? um uh I think I have more house.

AB

Than yard for sure it's a tiny little like fat garden, style yard, but yeah we're interested in.

J

The amount of change which is yeah really minimal, but we still need to know the value yeah so so.

AB

The stairs would be sticking out an additional 44 inches and whereas now they're on the side of the.

G

House they're on the side of the house where's the bulkhead now like if you're looking at the back of.

AB

Your house you're, looking at the backyard, there's a little corner where the ac would go and the.

AB

Stairs come down right to where that would go, and then on the left is the bulkhead and the bulkhead.

G

Is staying there, it's staying there and you're moving the stairs perpendicularly, putting the hvac.

G

Closer to the lot line, it's closer to the lot line, but the neighbor. I know it doesn't.

AB

Matter if somebody else has been approved but he's building a garage, there's a fence right there, so.

AB

He also won't even see it at all, and then he has a driveway. So it's not close to his house and then.

AB

He's also building a garage one foot from the lot line on the other side of the fence. It's after the.

AB

Letter so a big structure that I will see and will block my view so and mine's just a little lazy. So.

AB

There's nowhere else to put it basically right there yeah, so.

B

The steps are slightly larger than they were before. Right, no nothing's been done so the.

B

The uh well would be so the prep the coverage probably hasn't changed very much uh because.

J

You only have to count the ones over 18 inches right, yeah, we'll knock off the bottom step. No.

B

No, I'm saying: don't you, okay only count the one, instead of a certain height counts for the setback.

J

But coverage, I think it counts. Okay, you're, absolutely right, so I think this change will.

J

Still be we're still working on it, but I think it's a fraction of, I would say it's a fret yeah.

G

And I just I couldn't I really I I don't know why, but I really struggle with this. Although your.

G

Picture is really yeah, I'm not an artist, it works, it works. I think I was going on the description or.

G

Anything else, if I could ask the clarification so there is there currently an ac unit, no okay,.

J

um And then uh you'll be adding ac to improve the quality of your indoor living conditions.

C

So the steps are already there, steps are already there they're riding it's already there and the.

AB

Bulkhead's already there and we're just adding the ac unit, we're just adding the ac unit on.

AB

The right and then changing the stairs to come straight instead of on this side. Okay, so that.

AB

You don't walk into the ac, that's a good! It's a good change, we're still keeping we're trying.

AB

To keep it as minimal from the setback, I still want to have like a little table in my backyard or something yeah. So I don't want to take up all the yard of stairs either.

AB

No, no, you no pressure. Any one of us could have done this. I just I guess I should have said.

J

Pass before uh move on to it, I think that okay, okay, um are there any other questions, if not.

B

Does anyone to speak to for or against this petition anyone.

B

I have to say: is there anyone to speak to for or against okay the public schools closed. What.

C

Happened to all those massing people.

G

Only for purposes of the police, so what? What is the width of the stairs right now.

B

Hold on it's probably 36 inches. Currently they stick out from the landing they it's 44 inches for.

AB

The four stairs we're gonna try to make it three stairs coming out with the landing and the four.

AB

Stairs, it's eight, that's quite nine feet from the house. Oh okay! Now I'm sorry! You said now. I'm sorry.

G

Perhaps we can chat about other matters as everyone's march for march. Madness brackets.

G

Doing I wouldn't do you want it? I guess we could also point out that, as the actual ask for the.

J

The proposed rear yard setback is 11 and a half feet instead of eight and a half as advertised.

J

So that's less, uh I know it's confusing yeah. I know that's right now.

U

Yeah, it's an improvement, yeah yeah prior to the actual motion. I think.

B

It seems to me that given lot size and where the house is set up, you've be applicant. Just.

B

Him that's what the applicant has taken everything into consideration to be kind to your neighbors.

B

And to keep your yard as much as you can, I think you have minimized the impact on the property.

C

And if you get denied, you can always say it was misadvertised and come back. I think I think steph is.

I

Now you feel, like the I felt so badly for the last applicant when they couldn't find.

G

Their oh they're getting nervous so badly for them. I thought oh, no.

G

I do wonder if we need it's one of these judge judy movies. Do we need this value.

F

It you don't need it because you're going off of then you're approving the new.

F

Really want to move forward. No! That's yours! It's okay! Okay!.

B

um The decision has been made that it's less than one percent difference. So, let's move on.

B

That and motion I'll make a motion uh to approve the variance, as requested.

I

Would you like to speak to your motion? Yes, um granting the variance would not be cut I'll.

J

Take uh uh 10.233.21 and 0.22 together uh granting the variance would not be contrary to the public.

J

Interest and granted the variance would observe the spirit of the ordinance uh the proposed use.

J

Doesn't conflict with the purpose of the ordinance and it does not alter the essential character.

J

Of the neighborhood or a threat in public health, safety or welfare or otherwise enjoy public rights.

J

uh 10.233.23, granting the variance would do substantial justice.

J

uh The benefit to the applicant of installing an air conditioning.

J

Unit in their home to improve living conditions outweighs uh any potential.

J

Harm to the general public as there's, essentially, none uh no harm to the public.

J

uh 10.233.24, granting the variance would not diminish the values surrounding properties. This.

J

Is a very small uh change and if anything, adding air conditioning would improve the.

J

Value of this property and odds are, it would uh improve surrounding or it wouldn't affect.

J

Surrounding properties, and certainly not diminish them and uh literal and 10.233.25.

J

Literal enforcement of the provisions of the ordinance will result in an unnecessary hardship.

J

uh A the property is special conditions that distinguish it from other properties in the area.

J

And uh be owing to the special conditions, affairs, substantial relationship does not exist between.

J

The general purposes of the ordinance provision and the specific application of that provision of.

J

The property and the proposed use is a reasonable one. The proposed use is certainly reasonable.

J

As just installing air conditioning um and the hardship is that, uh due to the small lot size and.

J

The location of the existing home and structures- uh it really there's really not any other.

J

Locations at which this uh improvement could be added. Thank you. Do you have anything to add.

C

No, I mean the um everything jeffrey said was fine. These are ac units in the south, yet I mean.

C

They will never be conformed, because the south end will never be conforming. What I do my house.

G

In the south plus that later excuse me- oh okay, okay, so so yes, I agree if there is no further.

B

Discussion then we will vote. I'm sorry, sorry, point of order. Was there a stipulation on there or no.

F

No to recognize the 11.5, oh uh oh! I made it in the comments, but I'll add it to my motion.

J

um Is that uh the the thank you this uh new business item was at advertised as an 8.5.

J

Foot, rear yard setback, but it's actually an 11.5 uh your foot, rear yard and set back the.

J

Applicant is actually asking for less relief uh in this variance. Thank you. Now. If there is.

B

No further discussion, we'll vote and a yes vote is to allow the air conditioning mr mantle. Yes,.

B

Mr mcdonald, yes, ms margison, yes, mr matson, yes and the chair votes, yes as well yay. Thank you.

B

You did not break them up, so you'll be you'll have a good summer. Oh yeah,.

B

Good. Thank you. Thank you for your patience.

C

Motion to adjourn, I think we can just a second thing.

C

The hammer so he can start recording.