St. Mary's County, MD Board of Appeals for St. Mary's County, 13 Jan 2022

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From YouTube: 1/13/22 Board of Appeals for St. Mary's County

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Good evening this is the january 13th 2022 meeting of the saint mary's county board of appeals.

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Located in the commissioners of saint mary's county meeting room.

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In the chesapeake building 4177 mo baldwin street leonardtown maryland, I am vice chairman wayne.

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Madinski with three other board members, we have met our minimum requirements for quorum and will.

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Proceed public meetings are now open to the public in lieu of personal attendance. Citizens may just.

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Listen to the meeting on their phones but not speak to the board by calling 1-301-579-7236.

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And then use the access code 963-443 or view the meeting remotely on channel 95.

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And youtube? If, uh if any non-person citizens would like to participate by talking to the board.

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When a po, when a public testimony, please call the following number 301-475-4200.

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Extension one two: three four: when you call this number miss sherry young, recording secretary.

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Will ask your name address phone and email? In other words, this is a virtual sign-in sheet.

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Ms young will place you in in line on hold after I announce that I'm opening the hearing to public.

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Testimony I will open the meeting up for public testimony after all, presentations and testimony.

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By the applicants and representatives have been completed for votes in person or call in you will.

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Be asked to state your name and address for the record. I will swear you in and you will have three.

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Minutes to ask your questions or make comments to the board. Your comments will be recorded and heard.

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By those of us in the chesapeake building, zoom participants, channel 95 and youtube.

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After the public comments, portion of the meeting is over, the cases will return to the board.

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For any closing comments, members discussion and decision now I'd like to introduce our board.

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Starting on my left, ronald payne good evening, rich richardson wayne madinski delahay. Thank you.

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Oh, let's see before we start the hearings for the viewers at home. You will be able to see the staff and.

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Applicant presentations on channel 95 on youtube and these presentations are being shown. You can.

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Also see all documents that have been submitted for this case by going to board docs ms clements.

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Will now demonstrate how to locate and use board docs okay evening board members.

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First, you would navigate to the saint mary's county website and that's located at s-t-m-a-r-y-s.

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Md.Com and we go to the ribbon and locate the board docs tab, select that tab and it'll.

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Pull up the board docks, this will take a few minutes to load up, so I pre-loaded it tonight.

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We would look for tonight's meeting and it is the thursday night's.

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January 13th board of appeals meeting located in the center lower portion of the monitor.

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You select that and in order to see all the exhibits and attachments you would view the agenda.

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Which is located in the bottom center and that'll pull up tonight's agenda to hear see the public.

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Hearing you would select a public hearing that you wish to view and that will bring up all the.

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Exhibits with their attachments. Thank you. Okay. um Now would you like to stand and take the earth? Yes,.

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Do you declare and affirm on the penalty of perjury? That's testimony responses.

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And statements you may give will be the whole truth to nothing but the truth.

B

I do thank you. Okay, we have four cases tonight, um we're not going to do them in the order.

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We first stated so our first one will be the bracket subdivision. Vaap number 21-110-003.

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D

Thank you, mr chairman,.

D

As I think the the board knows from the filing that that we made we, we filed a motion.

D

To reconsider the the board's previous motion um with regard to the variance it was granted at the.

D

I believe the board's last meeting, our um our request, is to alter some of the conditions that.

D

Were in it, the what we are asking for tonight, though, is to move that discussion until january.

D

27Th there was a concern that we've discussed with the county that the agenda lists this as a public.

D

Hearing but we don't believe that your decision as to how to proceed, needs to be or is appropriate to.

D

Be a public hearing to be fair to the the public that may have thought it was one we think it's.

D

Better to postpone it to your next hearing, I understand you have a special hearing set.

D

For january 27th, I've checked with my clients, uh we're available that night to be here and.

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Answer any questions so we'd ask that the board consider it then you'll have the option. I believe.

D

And I'll let the your attorney or staff correct me then, to either decide our motion that night.

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Or if you feel the need to schedule a public hearing you could you could decide to reschedule.

D

That to a later date, and that would be what we'd ask you to consider next at the next hearing.

B

um In that case, if that's all we're going to do, I think it'd be better to move it to the.

B

27Th because uh mr igneowski's, not here- and I would like for him to be in on that decision,.

E

I agree we believe that's appropriate as well my clients, you know, in addition to.

D

The concern about the the way it's listed on the agenda, they would prefer prefer a full.

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Board hearing as well, but certainly with mr ignoski being here as the chair, uh we think.

D

That would be appropriate since he sat the night of the hearing as well with you, so that would be.

D

You would prefer and prefer uh full hearing. We would no, I I don't think not a full hearing to.

D

Have a full board, a full board: full board? Okay, I think uh mr chair, if I may, I think that then on.

F

The 27th the board would discuss it, decide whether they believe there should be a public hearing.

F

um Or whether or not the board can simply discuss and and reconsider the the order or.

F

The motion that was passed at the prior public hearing so do we need a motion to do this or.

B

Or I think we uh it would be appropriate anytime, we can, we can move act in that way. That would be.

B

Good, is this a continuance or or what is this I mean you, could um you we're used to treating it.

E

Like a continuance, but I mean technically it's a rescheduling, so a motion to reschedule to january.

E

27Th, I think that'd be okay. I would like to make a motion in the matter of vaap number 21-110-003.

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Bracket subdivision, in accordance with the rules and practices and.

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Procedures of saint mary's, county board of appeals, rule number, 5-105 c.

G

I move that the hearing be moved to january the 27th. I second it well one question, not a hearing a.

E

Reconsideration, it would be a consideration of the motion to reconsider yes, yeah, that's it. Okay,.

G

Reconsideration, okay- and we have a second, I second, it all in favor, hi,.

B

Hi: okay, okay! Thank you, mr pierce. Okay appreciate it. Thank you.

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B

Our next case, um mr barrow, um we have to open it up. Vaap number 20-1047.

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20-1048 pisanti, close property.

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Yeah good evening, members of the report, uh paige weiner on behalf of the passante clothes.

H

I I'm before before you tonight to ask you to to postpone or any tightering or and reschedule it.

H

For the next available date um on tuesday of this week, I received a.

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Copy of a four-page letter from the critical area commission, which takes.

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A variety of positions which I won't get into the merits of tonight, but we.

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Strongly disagree with the factual and legal positions taken. Having said that, given the nature.

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Of the opposition expressed, we thought prudence being the better part of valor that we prepare.

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A detailed response for the benefit of the board, as well as for the benefit of your counseling else,.

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So you can have someone to consider or be familiar with both sides of the story bill prior to the.

H

Full-Blown hearing and given the fact that we just got it on tuesday, I haven't had the opportunity.

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To to prepare it, and certainly the board and council have not had an opportunity to.

H

To or would not have had an opportunity to consider the content prior to the hearing so.

H

For for all those reasons, we'd request that you postpone the variance hearing um I discussed with.

H

uh Mr knight, about your february 10th date, he said something about that or some other date in.

H

February I leave it to the um board to tell me how you want to handle that, assuming that the request.

H

Is granted so for clarification? This is a he is requesting a continuance. You opened the hearing.

E

He's requesting a continuance to a date certain um as long as it's a date within 60 days,.

E

It does not have to be re-advertised reposted, so what we we do not have. The february 10th.

E

Available that legal ad has already been sent and we do have a full.

E

Agenda so the next available date would be the following week february 17th.

H

That would be. That would be fine with me if the board's willing to request is that good with.

B

Everyone for me and mr bradley and mr knievsky would have to be notified. Oh absolutely and and.

E

um So we would need a motion in a second I know. um Also. We haven't received that I would like to see.

B

It the critical area, yes um letter. Well, of course you need that um it should have been forwarded to.

E

You um so it will, the secretary is listening, and so she certainly knows um that that needs to get.

E

To you, okay, thank you, and can we get a motion yeah in the matter of vaap number 20-104 and 20-1048.

G

To grant a continuance to february the 17th for this hearing.

I

A second all in favor, aye, aye, aye, okay, there you go. Thank you. Thank you for your consideration.

B

Okay, our next case uh hutcheson king right, correct, vaap, number, 21-2589, hutchinson and king.

B

Do you want to start with the staff or okay? Did you well? First, um you, gentlemen, want to take a.

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Seat well, don't sit down well um there we need to apprise them of the okay. Only four member board.

E

Mr scott, would you want to do the honors of a more legal explain sure, so um our board of appeals is.

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Normally comprised of five members, um we have an absentee tonight so we're down to four members.

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The the risk that applicants run when we have only four members is that if there is a tie on.

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A motion made by the board, then the motion fails so oftentimes. Our applicants will say well.

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I think I've got a better shot at uh getting my motion passed or the relief I'm seeking.

F

If there's a full five-member board, others don't don't believe it's it's important, but we thought.

F

It important to apprise the applicants tonight of that situation. So it's really up to you. If you do.

F

Want a continuance, obviously the board will grant it. Yes, we'd like to continue you'd like to have.

B

Continued no, no, we like to have it today. Oh you'd like to have it: oh, okay, yes, okay! Okay, if you raise.

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Your right hand, do you declare an affirm on the penalty of perjury. That's testimony responses and.

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Statements, you may give will be the whole truth to nothing, but the truth, I do thank you, have a seat.

C

Okay, then, I will start the staff report for you tonight. Thank you. Okay,.

C

C

Okay tonight we're here to hear vaap 21-2589 hutchinson, king property. They would like a.

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Variance from schedule, 32.1 of the saint mary's county, comprehensive zoning ordinance for a.

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Reduction of the mandatory side yard setbacks to construct additions to their existing house.

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The legal ad was printed in the local newspaper southern maryland news on december 24th.

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And 31st of 2021 the applicant posted the property and sent notifications.

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To neighbors within 200 feet on december 29th, 2021.

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The property is owned by joseph hutchinson and curtis king. It is located at 4, 5, 6, 5 8.

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Tinney hill street in california maryland it is a part of phase six elizabeth hill subdivision.

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Lot 112., the zoning is residential, low density and the property consists of 7506.

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Square feet currently, today, as it stands, it has an existing home on the property.

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They are proposing to construct an attached shed edition.

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Onto an existing attached garage and a porch and a deck onto the opposite side of the house.

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This project is exempt from storm water management due to less than 5 000 square feet of disturbance.

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Location map, as you can see here, it is located off indian bridge road in great mills.

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The zoning is residential, low density, as are the other properties surrounding it.

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And this is the site plan. This is the attached shed that they would like to add on.

C

And right here is the attached porch, with a deck.

C

Okay, the area of encroachment for the garage is this area right here.

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The brl or the building restriction line is located right here, so it would be encroaching.

C

Over that setback, in addition, they've got an area of encroachment here for the covered patio.

C

Or excuse me, the covered porch.

C

The deck is not considered an encroachment because it does not exceed six feet over the setback line.

C

The standards for granting of variance would you like to hear those now or when we go into discussion, you can save those till later. Okay, thank you.

B

Okay, but whoever presents first, I need your name and address uh curtis king and it's four five. Six.

J

Five: eight tenney hill street- it's california maryland two zero six one, nine.

J

Okay, all right good evening board, as you can see by the.

J

Drawing right now we drew out where we wanted, the shed, which is will be or would be constructed.

J

On top of an existing concrete slab that the builder had installed when we built the house.

J

Also, you can see that our house pretty much fills our available, build.

J

Buildable area and our slope in our backyard from the back of the house to the end of the.

J

Property is seven to eight feet of drop, so it would be impossible to put a shed in the back.

J

Because of that slope, so we're asking that you grant the variance for the shed on the existing.

J

Concrete patio, I mean the concrete slab next to the garage. The area for the covered porch is.

J

I believe, like six to ten inches over the build line, um it would just mirror the side of our house.

J

That's all I have. I don't have anything. Do you have any questions? Yes, mr king, I I try to.

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Get prepared for this meeting and I read the the paperwork and said the house was built last year.

J

Yes, so we closed on the house in april. I was just surprised. It was built last year and now.

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You're asking the modifier now: did you build it or you buy it? So we built it through merrick.

J

Merrick homes built the the subdivision and uh when we purchased or signed the contract.

J

For the lot, we did not realize that the backyard was going to have an eight-foot.

J

Slope from the back of the house to the bottom, so we have no usable backyard. We can't even put.

J

We can't even push mow the lawn. We have to weed whack it it's so steep. Okay, thank you.

A

Yeah one other question: um how do you.

A

Ingress and egress this uh etched garage slash, shed.

A

So it will, excuse me the front of it will look like a third car garage who will have a.

J

A single door that mirrors the current door that you already have and it'll be so that'll, be.

J

With a garage door opener and then there will be a door into the currently on our garage. There's.

J

A side an egress door, and that will be the access point from the garage into the shed okay.

A

Thank you. um Let's see, we had a previous chairman here. Sorry.

J

We also submitted it to the hoa prior to the board meeting this evening and they have um approved.

J

Both the shed the porch and the deck, so the the hoa is aware of our intentions. I have pulled that.

C

Up onto it should be on your monitors, so this is okay. Excuse me go ahead, there's already.

G

A concrete platform there that you're just going to set the the new shed on is that correct.

G

Is that, like the walkway, so our driveway is three car widths.

J

As you can see, where it's kind of shaded pink that right, there is already an existing.

J

Concrete slab that goes all the way to the dry to the street, so we would just.

J

um Basically, square build build on top of the uh existing concrete yeah. If I may, um the driveway.

E

Sweeps around the garage- it's almost as if I would describe it that they had a parking space.

E

Installed adjacent to the garage, so you drive up past the garage. Would you agree? Yes, yeah.

E

Can you see that ms de la hay, the yeah, I'm just thinking, though, if that's not impervious so that.

G

It was already there so why couldn't they just put the garage? I mean the shed there.

G

Anyway, well from a stormwater from a stormwater management concept, you're absolutely right, but but.

E

Sidewalks and driveways do not get restricted by setbacks, because if that was the case, you'd.

E

Never be able to get to the street, um you um so setbacks apply to structures, and so the.

E

The hardship he was describing is that um normally you would put a shed in the backyard and in the.

E

Backyard, the shed would be allowed to go as close as five feet to the side or rear property line.

E

On the condition it was 10 feet away from the house so um here because it's attached to the.

E

House, it becomes part of the house, and so it's subject to the house: side, yard setback line.

G

Okay, so it doesn't have anything to do with the impervious like it's not a you write. It.

E

This is not a pervious impervious issue. It's a it's! A zoning setback to a structure. Okay,.

G

Thank you, okay. We're obviously with this is that one of our previous chairmans.

B

Has instilled in me the fact of of uh emergency vehicles and once you close off.

B

That side you're completely restricting it I mean you can't get back there, so we still have.

J

At the end of the drive, we have two feet on before our property line and then there's obviously the.

J

Neighbor's property and then the whole other side of the house is well. It's still remaining open.

B

Yeah, I know the other side, but but on this side, how far is that.

B

Property line from the other house from your neighbor, uh we could go to gis.

J

I want to say: oh, you know what you're not going to see it in gis. These houses are so new.

E

Yeah, they don't show up in gis. So I want to say um it's like right around 12 to 15 feet right to.

J

Our property line and then we have the uh two feet to the concrete slab and then the house.

B

I don't have any trouble at all with the porch in the deck, but I'm I'm not in favor of the shed. I'm.

B

Not in favor of closing that off that area, because it limits access of uh any kind of emergency, go.

B

Ahead, it's just me, I'm just saying if he's got two feet from the shed to his property line, right and.

G

Then, from the property line to his neighbor's house, you've got how many feet like 12 to 15.

B

15. but but you're stopping them from doing anything because you've already done it.

B

I'm just saying: go ahead and we have we have other stuff and we got other public.

B

Testimony and all this other stuff right, that's good um anything else.

K

I see what you're saying there would be no way for anybody to get back there, but.

B

There are other houses behind you too right right, but they're on their own street. I know.

K

I know that and they're much like it is a huge hill to the bottom. We actually stand.

K

Above that house, that's how bad it is. There's absolutely no place to put a shed on our property.

K

Yeah without a variance of any sort. Well, I understand that I just.

B

Don't like where I don't like this option. That's that's all! That's just me. Okay, yeah, so staff.

E

Presentation was made, their presentation was made. We can open it up to the public testimony. Okay,.

E

No one in the audience who you'd have the right to speak, but, okay, okay, I can verify with ms young.

C

Good evening miss young: do we have any callers for the hutchins king.

C

Variants tonight there are no callers at this time. Thank you. Thank you.

B

Okay, did you want to go over the uh variants? Now I can go over those yeah, so you're not closing.

E

At the public testimony quite quite yet, very good, okay, okay, let me get my control here. We go.

C

Okay, the standards for granting the variances okay.

C

Number one oh, except is provided in sections 24.3, 24.4 and 24.5. The board of appeals shall.

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Not vary the regulations of this ordinance unless it makes the findings based upon.

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Evidence presented to it that one because of the particular physical surroundings.

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Such as exceptional narrowness, shallowness size, shape or topographical conditions of the property.

C

Involved, strict enforcement of this ordinance will result in practical difficulty phase six of.

C

Elizabeth hill subdivision was recorded in 2016 after the proposed lots were approved. As the me.

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As the meeting of the minimum requirements, including the minimum lot width of 75 feet,.

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Second, the conditions creating the difficulty are not applicable generally to other properties.

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Within the same zoning classifications, all new residential buildings within the rl zone must.

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Comply with the same minimal lot mention specified in schedule. 32.1 of the czo.

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Number three: the purpose of the variance is not based exclusively upon reasons of.

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Convenience profits, profit or caprice. It is understood that any development.

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Necessary increases the property value and that alone shall not constitute an exclusive finding.

C

The applicants are requesting to construct additions to a new house that was constructed.

C

In 2021, the applicants are the first owners. The alleged difficulty has not been created by the.

C

Property owner or the owner's predecessors in title, the applicants are requesting to.

C

Construct additions to a new house constructed in 2020 one. The applicants are the original owners.

C

The granting of the number five the granting of the variants will not be detrimental to the.

C

Public welfare or injurious to other properties or improvements in the neighborhood and the.

C

Character of the district will not be changed by the variants. The neighboring property owners have.

C

Been notified of the variance request to provide them with an opportunity to speak in on the matter.

C

Number six: the proposed variants will not substantially increase the congestion of the.

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Public streets or increase the danger of fire or endanger the public safety.

C

Or substantially diminish or impair property values within the neighborhood.

C

The proposed addition to the property will not increase the residential use on this property.

C

Number seven: the variance complies with as nearly as possible, with the spirit, intent and.

C

Purpose of the comprehension plan, the property has already been developed for residential use.

C

Chapter 3, a growth management strategy of the comprehensive plan.

C

Establishes a vision for community design, which includes encouraging owners of existing structures.

C

To maintain and retrofit buildings in the grounds so they become attractive and energy efficient.

C

And that's all the standards, any questions. No sir. Okay.

B

Do we need to check on public testimony again see if anyone's called in? I can definitely do that.

L

Board of appeal michonne: do we have any callers for the hutchins king's variants.

L

There are no callers for this case at this time. Thank you. Thank you.

B

Okay, well, I guess we close public testimony then.

B

I still have con concern with the shed. I don't know how the other board members feel about that.

I

I think they did their homework by going to hoa and getting approval by the hoa. I.

I

Think that shows that they're we're trying to get it done correctly. Well, I understand that.

B

I just remember george, mr hayden always talking about getting fire equipment in between these.

B

Houses and neighborhoods and and it's it's the safety issue, and it's also if something happens,.

B

To one when you build them that close together and it's getting what center, I don't know what that.

B

Addition is, but when you get that much closer together, if there is a problem in his house.

B

By it being closer to the other house, I mean a side will melt off of it. I mean all that kind of.

B

Craziness happens, but you know it's just me. That's just my opinion, mr payne, uh I'm okay with it.

B

And you're: okay with it yeah, okay, okay, let's see her motion then.

I

I'll do it in the matter of vaap number 21-2589, having made a finding that the standards for.

I

Granting a variance and the objections, objection of section, 24.3 and schedule.

I

3132.1 of the saint mary's county conference of zoning ordinance have been met. I moved to approve.

I

The various requests for the reduction on the side yard setback for the construction of the house.

G

A second, mr thing: yes, yes, no, yes, okay! Okay, it votes three to one. So motion's carried.

J

That also include the the back, the patio I mean the covered porch and deck as well. Yes, yes,.

B

I don't I don't have that, make that something. Oh I heard you an order reflecting the board's decision.

B

Will be prepared by staff and signed by the board within 60 days. A 30-day period follows from.

B

That date, the order is signed during which any aggrieved party may appeal the board's decisions.

B

To circuit court, the recording secretary will mail you a copy of the order when it has been signed.

B

Okay, thank you. Thank you. Good luck! All right.

J

So within the 60 days, are we allowed to start the process? Oh no! No! Well I mean I'm sorry.

E

Your own risk, you can't start construction because you don't have a permit yet so the permit cannot.

E

Be issued until the order is signed, but um the order will get signed in the next 60 days.

E

And then your permit will be finalized and you'll be contacted and of course you can continue to.

E

Track the status your permit online yep appreciate it. Thank you. Thank you good evening, good evening.

B

Everybody, okay.

B

Okay, our next case uh v-a-a-p number 21-2508.

B

Ot john real good, so, mr poteet, um you understood the risk of going forward with four members.

E

Do you want to go forward very good, so the chairman will um swear you in.

B

Please stand raise your right hand. Do you declare and affirm on the.

B

Penalty of perjury that the testimonial responses and statements you may give.

B

Will be the whole truth to nothing but the truth. Thank you.

B

Could you name an address, please, can I potentiate.

M

It 47 address to the existing house of might my home, but I live now. Why reside now the dallas that.

M

We're trying to we love 6935 pennsylvania, avenue, okay, forty uh forceville maryland. I've been t1.

M

This is all new to me. I'm a little nervous, no big deal we'll get through this.

B

Okay, okay, I will start the staff presentation for you.

C

Okay tonight we're here to hear the baap 2120-2508.

C

The poteet property they're asking for a variance from section 52.3.3 e.

C

Of the saint mary county, comprehensive zoning ordinance to expand an existing non-conforming.

C

Structure due to non-conforming front left right yard setbacks of more than 50 percent by.

C

Seeking a variance from schedule, 32.1 of the czo for a reduction of the mandatory front.

C

Left and right yard setbacks to construct a second story. Addition to an existing home.

C

The legal ad was printed in the local paper. Southern maryland news online.

C

Or southern maryland news on december 24th and 31st 2021, the applicant posted the.

C

Property and sent notification to neighbors within 200 feet on december 29th 2021.

C

The owners are vera, lynn and kenneth poteet. The property is located at 47291, thurman davis, lane.

C

In lexington park it is residential, low density and the property consists of 3.

C

600 square feet: it currently has an existing house.

C

The applicant is proposing a 31 by 34.

C

Second story: addition to an existing house, thus expanding a non-conforming structure.

C

No metcom required is a approval is required for addition to an existing house.

C

But the health department approved it on october 28 2021 for the continued use of the existing well.

C

The property is located in lexington or south of lexington park.

C

On thurman davis lane.

C

It is residential, uh low density, but it is also surrounded by office business park or the obzs.

C

Okay, the existing neighborhood conditions.

C

The third or the property we are looking at tonight is right here.

C

And, as you can see, they was built very close to the side, yard setbacks and the front yard set back.

C

Okay, this is the current boundary survey with a house location.

C

And right here in blue, we have the current setbacks and in red.

C

Is the uh required setbacks for a property in the rl zone? The 25.

C

Well, here we'll explain it here: the czo schedule 32.1 the development standards. We were looking for.

C

A property in the rl zoning, the property is located on a minor collector, thurman davis, lane.

C

So it has a required setback of 25 feet and then the side yard set back of 10.

E

So before you um move forward, could you back up to the um detail of the house? Yes,.

C

That one, so if you were to um draw um perpendicular lines to the red arrows, I'm.

E

Sorry I did did not provide a better illustration. You would wind up with a basically a triangular.

E

Building envelope, but this is an old grandfathered lot and the house was built.

E

Long before these current zoning setbacks, but that's what this is trying to convey.

C

Thank you. Thank you for clarifying that.

C

Okay, the czo use and regulations uh from chapter 51 um dash two or dot two dot. Four.

C

um See a detached accessory structure shall be located.

C

No closer than 10 feet from any other accessory or principal structure.

C

Czo non-conforming structure, regulations; okay: this is chapter 52, dot, 3.3, a non-conforming user.

C

Structure may be expanded or enlarged subject to the following conditions, and those conditions are.

C

Laid out we are focusing on e in the event of the proposed expansion or enlargement.

C

That exceeds 25 percent of existing structure or the enlargement or expansion must be approved.

C

By the board of appeals, which is why we're here tonight, however, the total amount of expansion or.

C

Enlargement allowed for any non-conforming, you shall not exceed 50 percent, but but that's use.

E

This is a structure so that sentence doesn't apply. um Could you back up a slide? I'm sorry.

E

The detached accessory structure is being highlighted here because currently the.

E

Shed is less than 10 feet from the house, so not only does the house have non-conforming.

E

Setbacks to the front and right, but has a non-conforming setback to the shed all right. Okay,.

E

So I think if we go over this paragraph again so the first thing we always have to do when.

E

People want to propose an addition to an existing non-conforming structure.

E

Is determined if the director can approve it but, as it says, in the event, the area of the.

E

Proposed expansion or enlargement exceeds um 25 of the existing structure. It must be approved.

E

By the board of appeals, that's why we're here tonight. The rest of this um then applies to a use.

E

The use is completely conforming because it's a house in a residential zone on a residential lot.

E

Okay, but actually it's going to exceed more than 50, but that only applies to expansions of uses.

E

So that that sentence reads the total amount of an expansion or enlargement allowed for any.

E

Non-Conforming use it doesn't. This is a conforming use. It's it's a non-conforming structure to d. You.

E

Know the unfortunate thing about this paragraph is: it has uses and structures tangled up in the.

E

Same paragraph, okay, I understand now because I did a question about it: yep, okay, we intend to fix that.

E

When we rewrite the ordinance, we will separate that into two paragraphs. Okay, thank you. Okay, so.

C

The standards we'll be using are the conditional uses standards as laid out. Okay, would you like me.

C

To read these now or wait till after public after their presentation, they've brought a.

E

Nice presentation: oh okay. Let's let's hear the presentation, then, okay, give me a moment to hear.

E

She's going to show that yeah, okay, there we go and then you you make any statements. You like.

C

Okay, it's up and it's ready: okay, okay! Well, we just saw when we built something we bought this home.

M

Because we need somewhere else to live, um I'm a little nervous with this. Just take your time, relax.

B

Yeah yeah and get a little closer get a little closer to the microphone. Please that's! That's all.

M

Where the structural part we're going to uh we're going to put dirt in the bottom of the.

M

Foundation, we're going to put concrete there we're going to put two by six balls.

M

Two by six walls around it and put take it upstairs on it is that makes sense. Yeah.

M

And then we put the roof on and everything else we need to do the framing on the inside and.

M

The electrical, the plumbing all the good stuff that needs to come with it: okay,.

M

I'm not good with this. Okay, so were you describing that you're going to.

E

Build exterior walls, the walls already exterior concrete foundation right on the inside of the.

M

House we're gonna, put two by six walls around the perimeter ah two by six framing on the.

E

Inside of the existing masonry walls on the concrete floor very good, so we can take it.

M

Up to provide the structural support necessary to hold the second floor, all right, I can see it yeah.

I

Mr knight, would you explain that again you're going to change the structure you're going to.

I

Structure on the inside of the existing structure correct, so it's an existing cinderblock structure.

E

And you want to um what would you like, maybe go to the picture that shows the sign? Okay,.

C

Just a moment so um frame up the inside of the existing exterior walls with two by six framing.

E

To provide the structural support for the second floor above so they'll take the roof off and then.

E

Build the second floor on top of those new two by six walls. Okay, you answered my question because.

I

I was concerned that the house was built quite a while ago and I was going to ask what the square.

I

Footage was and how you're going to put it on top of an old house. My house is older by the way, but.

I

uh But you answered my question, so that's so you had an architect. Do that! Yes, good on you.

E

um Some good friends of mine architects. They showed me how to do it. Yeah, I'm.

E

I'm not sure how well the um you can see the house in that picture. There we go. I can.

C

Enlarge it for you, if you'd like, I think we're just gonna.

B

Ask a few questions: okay for a while, and try to get this gentleman to relax a little bit.

B

Now it looks like to me the tree's gonna have to come down. Yes, the trees are coming down.

M

Around the house yeah now there's trees, there's four trees up there, that's gonna come down is.

B

That any concern as far as mitigation or no no, no, no none whatsoever. This. This is in the.

E

Development district, it's not critical area and- and it's not even considered forest okay.

B

You got that yeah. Okay, I mean you, you could consider this. You know forest almost downtown.

E

Lexington park, I mean it's more like on. um You know south end of lexington park. Yes,.

B

Do you intend to live in it? Yes, you do. How? How long have you owned the property.

M

I just bought the property, uh maybe six months ago somewhere around there oh go.

E

Okay, because it describes the are you gonna leave the shed there. That's already yes, that.

M

Trash that's trashy, yeah, it's coming down so that that'll resolve that non-conforming excellent.

I

What's the square footage of the existing house thousand something like a thousand thousand yes,.

I

Okay and you're gonna lose some of that with a new foundation, say it again so.

I

You're going to lose part of that with a new foundation, yeah yeah, that's fine! Thank you.

E

um So the on the screen now is um his description of the first floor renovation. Yes,.

E

Plumbing framing walls, electric kitchen, bathroom dining area, so.

E

Basically, a complete interior renovation of the first floor and then and bedrooms upstairs.

G

It's you said: you had your own septic system, correct, you're, going to use public water. uh We.

M

Got a whale water there, oh yeah! Well, it's the opposite. It has an existing.

E

Well and an existing connection to the public sewer: okay, oh to the public, okay,.

B

Now my only other thing I I don't know where to look at it, probably on the 20 second.

C

I can go to the second floor.

B

Where are you going to stage everything where you how you getting all your material and.

B

What you know, where are you going to do that at where I'm going to pick up all the material.

B

Well, no, not where you're getting it from, but at the construction site at the at the house, where.

B

You're going to put all that stuff at oh you're, going to probably do a phase at a time to build.

M

Something get something don't get. The construction part of the foundation done. First, build walls, do a.

M

Little time because we don't have the space to put all this stuff everywhere, so we do it in phases, is.

B

It a level lot. Is it a level lot? I would expect so right of a flat lot level. Yeah, it's pretty lovely.

M

In front of out there's space in front of the house as well trees off these come down.

B

See if everybody else has any questions.

I

No sir anything, mr payne, uh I was just wondering about this.

A

This thing I've got looking at surveillance certificate from victor arbiter, buckler.

A

It shows right next to it a gravel parking lot. Is that still there or to do the survey.

A

They'll, be now I'm sorry, it's it shows a gravel parking lot I'll grab a parking lot. That's the.

M

Property next door: oh yeah, yeah, um I don't own the condition. Okay, they got three feet. I think three.

M

Or four five feet from the edge of my house and the restaurant belongs to the neighbor next door.

E

Yeah mr payne um she's got the existing conditions there for you. So that's where the gravel parking.

E

Lot is, which is you know you could really describe as the driveway to the neighbor next door.

E

He labeled a parking lot, which gives it almost a commercial flavor, but it's it's residential.

A

And on the other side, he has next family vmax international llc at does that make sense.

A

To anyone, uh it's not unusual in this day and age that homes are purchased by.

E

Corporations and the like: it's a national trend. Now people are investing in homes um as a.

E

You know source of collecting a a portfolio of assets and then and then other people have to.

E

Rent them I mean some people are calling it a housing contributing to the housing crisis.

E

Because um normal homeowners, who would like to be a first time home, buyer and the like, are having.

E

To compete against these um investors, who can afford to pay cash? Well, I did look that one up.

A

And it's I'm not not even sure. If I was reading the correct thing said: vmax international was a.

A

Chinese forklift company in shanghai, headquartered in shanghai, china, interesting yeah, really that's.

A

Why I asked, but uh you know, um with the existing conditions, it's it's just another house, yeah, okay,.

A

Neighborhood yeah right that really doesn't matter who owns it, yeah all right. uh Thank you.

B

Wanna is that it I want to open it up to public testimony.

B

It certainly can it's there I'll give miss.

B

Mr mendency, do you want anything done? You want to check the phones, okay,.

C

Do we have any callers for the poteet variants? There are no callers from.

L

Case at this time, thank you. Thank you.

B

Okay, do we want to close it now, it's a public testimony! If, if you like, sarah yeah, that's fine.

B

And did you want to give your and then she can go through the.

E

Conditions, I can definitely go through the conditions for you. Let's see there, we go.

C

Okay, the standards for conditional use approval, no conditional. You shall be approved by the board.

C

Unless that it finds one, the conditional use complies with the standards of the district.

C

In which it's located and the standards applicable to that use, the existing house is a non-conforming.

C

Use no, it's a conforming use, I'm sorry correct. In this residential zone, however, the house structure.

C

Does not comply with the minimum front and side yard setbacks for the zoning district.

C

Two, the establishment, maintenance and operation of the conditional use will not be detrimental.

C

To or endanger the public, health safety, convenience morals order or the general welfare.

C

The construction of the proposed edition is subject to numerous county state and.

C

Federal regulations intended to assure the public's health safety and welfare.

C

Number three: the conditional use will not be injurious to the use and the enjoyment.

C

Of other properties in the immediate vicinity for the purposes already permitted and will.

C

Not substantially diminish or impair property values within the neighborhood. The current uses.

C

On the adjoining properties are residential, the proposed edition is for residential use as well.

C

The proposed use at the proposed location will not have adverse effects above and beyond those.

C

Inherently associated with the proposed use, irrespective of its location within.

C

The zoning district, this residential edition, is expected to become an integral part of.

C

The existing residential neighborhood, like so many other additions to existing houses in the.

C

Residential neighborhoods, located within the rl district number, five adequate utilities.

C

Access road, drainage or necessary facilities have been or are being provided. The permanent.

C

Review and inspection progress administered by the department of land use and growth management.

C

Will ensure that the adequate utilities, roads, access and erosion controls will be provided.

C

Adequate measures have been, or will be taken to provide ingress and egress following a.

C

Design that minimizes traffic congestions in the public streets, the existing house.

C

Fronts on and has direct house direct access onto thurman davis lane it's a county road.

C

Number seven: the proposed conditional use is not contrary to the goals, objectives and.

C

Policies of the comprehensive plan the property has already been developed for residential use.

C

In chapter 3 of the comprehensive plan, a growth management strategy establishes a.

C

Vision for community design, which includes encouraging owners of existing structures.

C

To maintain and retrofit the buildings and grounds so they become attractive and energy efficient.

C

Number eight, the conditional use, in all other respects, conforms to the applicable regulations.

C

Of the district in which it is located or the special requirements established for the specific.

C

Conditional use in the ordinance now schedule, 32.1 development standards specifies minimum.

C

Front and side yard setbacks, a variance can be granted to reduce these dimensional requirements.

C

Now, chapter 51 use regulations and standards specifies a minimum of 10 feet between structures.

C

The shade can be moved at the minimum of 10 feet away from the house and, as we heard tonight,.

C

They're going to remove the shed correctly, we probably need to make that a condition to remove.

B

The ship remove or move it yeah- okay, okay and I've got the standards also for granting the variance.

C

Okay, except is provided for sections 24.3 and 24.4 and 24.5. The board of appeals shall not vary the.

C

Regulations of this ordinance, unless it makes the finding based upon evidence presented to it.

C

That a because of particular physical surroundings, such as exceptional narrowness, shallowness shape.

C

Size shape or topographical conditions of the property involved.

C

Strict enforcement of this ordinance was will result in practical difficulty.

C

The existing house was built in 1952 prior to the current setback. Regulations of the czo.

C

The conditions creating the difficulties are not applicable generally to the other properties.

C

Within the same zoning classification, other properties within the same rl zone, classification.

C

When subdivided or constructed after 1974 have been subject to the zoning regulations,.

C

Which require compliance with the minimum front and side yard setbacks.

C

C, the purpose of the variance is not based exclusively on convenience, prophets or priests.

C

It is understood that any development necessary.

C

Increases property value and that alone shall not constitute an exclusive finding.

C

The existing house has a non-conforming front and side yard setback, the application, the.

C

Applicant is requesting to construct a second floor addition on top of the existing house.

C

D, the alleged difficulty has not been created by the property owner.

C

Or the property owner's predecessors entitled the existing dwelling was built in 1952.

C

Prior prior to the current setback, regulations of our comprehensive zoning ordinance.

C

E, the granting of the variance will not be detrimental to the or injurious to other.

C

Properties or improvements in the neighborhood and the character of the district will not be changed.

C

By the variants, the neighboring property owners have been notified of the variants.

C

Notified of the variance request to provide them with an opportunity to speak on the matter.

C

And f, the proposed variance will not substantially increase the congestion of the public streets.

C

Or increase the danger of fire or endanger the public safety or substantially diminish or impair.

C

Property values within the neighborhood. The proposed addition to the house will.

C

Not increase the residential use of this property and, lastly, the variance complies.

C

With, as nearly as possible, with the spirit, intent and purpose of the comprehensive plan.

C

The property has already been developed for residential use, chapter 3 of a growth management.

C

Strategy of the comprehensive plan establishes a vision for community design, which includes.

C

Encouraging owners of existing structures to maintain and retrofit the buildings and grounds.

C

So they can become attractive and energy efficient, and that concludes okay. Any questions. Okay,.

B

um Discussion, I think it's taking an old house and fix it up and makes it.

I

Makes it better and better for the neighborhood.

B

I would like to move the shed remove it. I mean he said he would.

B

But I would like to make it a condition.

B

Anything else no yeah, I you know, I wish him the best of luck with this. That's a heck of a project.

B

He's got going on there substantial. Can we make a motion yeah in a matter of vaap number 21-2508.

G

I haven't made a finding that the standards for granting of variance and the objective.

G

Of section 24.3 schedule, 32.1 and section 52.3 of the st mary's county, comprehensive ordinance.

G

Have been met and I moved to approve the variance with one condition that the should be removed. Okay,.

I

A second old favor, hi, okay.

B

An order reflecting the board's decision will be prepared by staff and signed.

B

By the board, within 60 days, 30 day period, following from that date, the order is signed.

B

During which any aggrieved party may appeal the board's decision to circuit court.

B

The recording secretary will mail you a copy of the order when it has been signed.

B

There you go. Thank you. So good luck, good luck to you! You got! You got a job ahead of you that wasn't.

I

Too bad what there you go, you got a job ahead of you, well we'll be in touch, and if you have any.

E

Questions waiting for the permit, let us know thank you, stacey bring us pictures when you're finished.

B

That's quite a job to do that. Oh no! No, he's good he's got a job! Thank you. um What do we.

B

Have just the minutes that you can get two sets of things to approve right: the minutes, yeah yeah.

B

Has everybody had a chance to read the minutes? Yes, I have some time. Okay, I'm good. Can I have a motion.

B

Making motion to approve the minute? Second, all in favor, aye aye anything else.

B

I'd like to wish uh mr igniewski a speedy recovery, uh I hope you know hope I hope to see him at the.

B

Next meeting next week, the 27th, the 27th four critical area cases, so you can focus on your.

E

Trees and in your impervious surface again, okay, we can do that anything else. No sure.

B

Okay, I'm ready for a motion motion to adjourn sir. Second, all in favor aye.

B